Calendar No. 495

103D CONGRESS

2D SESSION S. 1513

[Report No. 103–292]

A BILL

Entitled the ‘‘Improving America’s Schools Act of

1993’’.

JUNE 24 (legislative day, JUNE 7), 1994

Reported with an amendment
II

Calendar No. 495

103D CONGRESS

2D SESSION S. 1513

[Report No. 103–292]

Entitled the ‘‘Improving America’s Schools Act of 1993’’.

IN THE SENATE OF THE UNITED STATES

OCTOBER 4 (legislative day, SEPTEMBER 27), 1993

Mr. KENNEDY (for himself, Mr. PELL, Mrs. KASSEBAUM, and Mr. JEFFORDS)

(by request) introduced the following bill; which was read twice and referred to the Committee on Labor and Human Resources

JUNE 24 (legislative day, JUNE 7), 1994

Reported by Mr. KENNEDY, with an amendment

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

A BILL

Entitled the ‘‘Improving America’s Schools Act of 1993’’.

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

3 That this Act may be cited as the ‘‘Improving America’s

4 Schools Act of 1993’’.

5 ORGANIZATION OF THE ACT

6 SEC. 2. This Act is organized into the following titles:
2

•S 1513 RS

TITLE I—AMENDMENTS TO THE ELEMENTARY AND SECONDARY

EDUCATION ACT OF 1965

TITLE II—AMENDMENTS TO THE GENERAL EDUCATION

PROVISIONS ACT

TITLE III—AMENDMENTS TO OTHER ACTS.

1 EFFECTIVE DATES; TRANSITION

2 SEC. 3. (a) EFFECTIVE DATES.—(1) The provisions

3 of title I of this Act shall take effect July 1, 1995, except

4 that those provisions of title I that apply to programs

5 under title VIII of the Elementary and Secondary Edu6 cation Act of 1965, as amended by this Act, and to pro7 grams that are conducted on a competitive basis, shall be

8 effective with respect to appropriations for use under such

9 programs in fiscal year 1995 and in subsequent fiscal

10 years.

11 (2) The provisions of title II of this Act shall be effec12 tive upon enactment, except that section 250 of such title

13 shall be effective—

14 (A) July 1, 1995 for non-competitive programs

15 in which funds are allocated on the basis of a for16 mula; and

17 (B) for programs that are conducted on a com18 petitive basis, with respect to appropriations for use

19 under such programs in fiscal year 1995 and in sub20 sequent fiscal years.

21 (3)(A) Parts A and B of title III of this Act shall

22 take effect July 1, 1995.
3

•S 1513 RS

1 (B) Part C of title III of this Act shall take effect

2 on October 1, 1994.

3 (b) TRANSITION.—Notwithstanding any other provi4 sion of law, a recipient of funds under the Elementary and

5 Secondary Education Act of 1965, as in effect prior to

6 amendment by this Act, may use funds available to it

7 under such predecessor authority to carry out necessary

8 and reasonable planning and transition activities in order

9 to ensure a smooth implementation of programs author10 ized by this Act.

11 TITLE I—AMENDMENTS TO THE ELEMENTARY

12 AND SECONDARY EDUCATION ACT OF 1965

13 AMENDMENTS TO THE ELEMENTARY AND SECONDARY

14 EDUCATION ACT OF 1965

15 SEC. 101. The Elementary and Secondary Education

16 Act of 1965 is amended to read as follows:

17 ‘‘SHORT TITLE

18 ‘‘SECTION 1. This Act may be cited as the ‘Elemen19 tary and Secondary Education Act of 1965’.

20 ‘‘TABLE OF CONTENTS

21 ‘‘SEC. 2. The table of contents for this Act is as

22 follows:

‘‘TITLE I—HELPING CHILDREN IN NEED MEET HIGH

STANDARDS

‘‘Sec. 1001. Declaration of policy and statement of purpose.

‘‘Sec. 1002. Authorization of appropriations.

‘‘PART A—MAKING HIGH-POVERTY SCHOOLS WORK
4

•S 1513 RS

‘‘Subpart 1—Basic Program Requirements

‘‘Sec. 1111. State plans.

‘‘Sec. 1112. Local educational agency plans.

‘‘Sec. 1113. Eligible school attendance areas.

‘‘Sec. 1114. Schoolwide programs.

‘‘Sec. 1115. Targeted assistance schools.

‘‘Sec. 1116. Parental involvement.

‘‘Sec. 1117. Participation of children enrolled in private schools.

‘‘Sec. 1118. Assessment and school and district improvement.

‘‘Sec. 1119. Fiscal requirements.

‘‘Subpart 2—Allocations

‘‘Sec. 1121. Grants for the outlying areas and the Secretary of the Interior.

‘‘Sec. 1122. Allocations to States.

‘‘Sec. 1123. Basic grants.

‘‘Sec. 1124. Concentration grants.

‘‘Sec. 1125. Special allocation procedures.

‘‘Sec. 1126. Carryover and waiver.

‘‘PART B—EVEN START FAMILY LITERACY PROGRAMS

‘‘Sec. 1201. Statement of purpose.

‘‘Sec. 1202. Program authorized.

‘‘Sec. 1203. State programs.

‘‘Sec. 1204. Uses of funds.

‘‘Sec. 1205. Program elements.

‘‘Sec. 1206. Eligible participants.

‘‘Sec. 1207. Applications.

‘‘Sec. 1208. Award of subgrants.

‘‘Sec. 1209. Evaluation.

‘‘PART C—EDUCATION OF MIGRATORY CHILDREN

‘‘Sec. 1301. Program purpose.

‘‘Sec. 1302. Program authorized.

‘‘Sec. 1303. State allocations.

‘‘Sec. 1304. State applications; services.

‘‘Sec. 1305. Secretarial approval; peer review.

‘‘Sec. 1306. Comprehensive needs assessment and service-delivery plan; authorized activities.

‘‘Sec. 1307. Bypass.

‘‘Sec. 1308. Coordination of migrant education activities.

‘‘Sec. 1309. Definitions.

‘‘PART D—EDUCATION OF NEGLECTED AND DELINQUENT YOUTH

‘‘Sec. 1401. Purpose; program authorized.

‘‘Sec. 1402. Eligibility.

‘‘Sec. 1403. Allocation of funds.

‘‘Sec. 1404. State reallocation of funds.

‘‘Sec. 1405. State plan and State agency applications.

‘‘Sec. 1406. Use of funds.

‘‘Sec. 1407. Institution-wide projects.

‘‘Sec. 1408. Three-year projects.

‘‘Sec. 1409. Program evaluations.
5

•S 1513 RS

‘‘Sec. 1410. Transition services.

‘‘Sec. 1411. Definitions.

‘‘PART E—FEDERAL EVALUATIONS AND DEMONSTRATIONS

‘‘Sec. 1501. Evaluations.

‘‘Sec. 1502. Demonstrations of innovative practices.

‘‘PART F—GENERAL PROVISIONS

‘‘Sec. 1601. State administration.

‘‘TITLE II—IMPROVING TEACHING AND LEARNING

‘‘PART A—DWIGHT D. EISENHOWER PROFESSIONAL DEVELOPMENT

PROGRAM

‘‘Sec. 2101. Findings.

‘‘Sec. 2102. Purposes.

‘‘Sec. 2103. Authorization of appropriations; allocation between subparts.

‘‘Subpart 1—Federal Activities

‘‘Sec. 2111. Program authorized.

‘‘Sec. 2112. Authorized activities.

‘‘Subpart 2—State and Local Activities

‘‘Sec. 2121. Program authorized.

‘‘Sec. 2122. Allocation of funds.

‘‘Sec. 2123. Within-State allocations.

‘‘Sec. 2124. Priority for professional development in mathematics and science.

‘‘Sec. 2125. State applications.

‘‘Sec. 2126. State-level activities.

‘‘Sec. 2127. Local educational agency applications.

‘‘Sec. 2128. Local cost-sharing.

‘‘Sec. 2129. Local allocation of funds and allowable activities.

‘‘Sec. 2130. Higher education activities.

‘‘Subpart 3—General Provisions

‘‘Sec. 2131. Reporting and accountability.

‘‘Sec. 2132. Definitions.

‘‘PART B—SUPPORT AND ASSISTANCE FOR ESEA PROGRAMS

‘‘Sec. 2201. Findings.

‘‘Sec. 2202. Purpose.

‘‘Sec. 2203. Program authorized.

‘‘Sec. 2204. Eligible entities.

‘‘Sec. 2205. Comprehensive regional centers.

‘‘Sec. 2206. Information collection and evaluation.

‘‘Sec. 2207. Transition.

‘‘Sec. 2208. Authorization of appropriations.

‘‘TITLE III—EXPANDING OPPORTUNITIES FOR LEARNING

‘‘PART A—PUTTING TECHNOLOGY TO WORK FOR ALL STUDENTS
6

•S 1513 RS

‘‘Subpart 1—Research, Development, and Demonstration of Educational

Technology

‘‘Sec. 3111. Findings and purposes.

‘‘Sec. 3112. Office of Educational Technology.

‘‘Sec. 3113. National long-range plan.

‘‘Sec. 3114. Federal leadership.

‘‘Sec. 3115. Authorization of appropriations.

‘‘Subpart 2—Star Schools Program

‘‘Sec. 3121. Findings.

‘‘Sec. 3122. Statement of purpose.

‘‘Sec. 3123. Program authorized.

‘‘Sec. 3124. Eligible entities.

‘‘Sec. 3125. Applications.

‘‘Sec. 3126. Leadership and evaluation activities.

‘‘Sec. 3127. Definitions.

‘‘PART B—FUND FOR THE IMPROVEMENT OF EDUCATION

‘‘Sec. 3201. Fund for the Improvement of Education.

‘‘PART C—JACOB K. JAVITS GIFTED AND TALENTED EDUCATION PROGRAM

‘‘Sec. 3301. Findings and purpose.

‘‘Sec. 3302. Authorized programs.

‘‘Sec. 3303. Program priorities.

‘‘Sec. 3304. National responsibilities.

‘‘Sec. 3305. Authorization of appropriations.

‘‘Sec. 3306. Definitions.

‘‘PART D—CHARTER SCHOOLS

‘‘Sec. 3401. Findings and purpose.

‘‘Sec. 3402. Program authorized.

‘‘Sec. 3403. Applications.

‘‘Sec. 3404. Selection of grantees; waivers.

‘‘Sec. 3405. Uses of funds.

‘‘Sec. 3406. National activities.

‘‘Sec. 3407. Definitions.

‘‘Sec. 3408. Authorization of appropriations.

‘‘PART E—ARTS IN EDUCATION

‘‘Sec. 3501. Support for arts education.

‘‘PART F—INEXPENSIVE BOOK DISTRIBUTION PROGRAM

‘‘Sec. 3601. Inexpensive book distribution program for reading motivation.

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

‘‘Sec. 4001. Findings.

‘‘Sec. 4002. Purpose.

‘‘Sec. 4003. Authorization of appropriations.

‘‘PART A—STATE GRANTS FOR DRUG AND VIOLENCE PREVENTION

PROGRAMS
7

•S 1513 RS

‘‘Sec. 4101. Reservations and allotments.

‘‘Sec. 4102. State Drug and Violence Prevention Coordinating Council.

‘‘Sec. 4103. State applications.

‘‘Sec. 4104. Governor’s programs.

‘‘Sec. 4105. State and local educational agency programs.

‘‘Sec. 4106. Local applications.

‘‘Sec. 4107. Local drug and violence prevention programs.

‘‘Sec. 4108. Evaluation and reporting.

‘‘PART B—POSTSECONDARY DRUG AND VIOLENCE PREVENTION PROGRAMS

‘‘Sec. 4201. Grants to institutions of higher education.

‘‘Sec. 4202. National center.

‘‘PART C—NATIONAL PROGRAMS

‘‘Sec. 4301. Federal activities.

‘‘PART D—GENERAL PROVISIONS

‘‘Sec. 4401. Definitions.

‘‘Sec. 4402. Materials.

‘‘Sec. 4403. Prohibited uses of funds.

‘‘TITLE V—PROMOTING EQUITY

‘‘PART A—MAGNET SCHOOLS ASSISTANCE

‘‘Sec. 5101. Findings.

‘‘Sec. 5102. Statement of purpose.

‘‘Sec. 5103. Program authorized.

‘‘Sec. 5104. Definition.

‘‘Sec. 5105. Eligibility.

‘‘Sec. 5106. Applications and requirements.

‘‘Sec. 5107. Priority.

‘‘Sec. 5108. Use of funds.

‘‘Sec. 5109. Prohibitions.

‘‘Sec. 5110. Limitation on payments.

‘‘Sec. 5111. Authorization of appropriations; reservation.

‘‘PART B—EQUALIZATION ASSISTANCE

‘‘Sec. 5201. Technical and other assistance regarding school finance equity.

‘‘PART C—WOMEN’S EDUCATIONAL EQUITY

‘‘Sec. 5301. Findings.

‘‘Sec. 5302. Statement of purposes.

‘‘Sec. 5303. Program authorized.

‘‘Sec. 5304. Applications.

‘‘Sec. 5305. Criteria and priorities.

‘‘Sec. 5306. Report.

‘‘Sec. 5307. Evaluation and dissemination.

‘‘Sec. 5308. Authorization of appropriations.

‘‘TITLE VI—INDIAN EDUCATION

‘‘Sec. 6001. Findings.

‘‘Sec. 6002. Purpose.
8

•S 1513 RS

‘‘PART A—FORMULA GRANTS TO LOCAL EDUCATIONAL AGENCIES

‘‘Sec. 6101. Purpose.

‘‘Sec. 6102. Grants to local educational agencies.

‘‘Sec. 6103. Amount of grants.

‘‘Sec. 6104. Applications.

‘‘Sec. 6105. Authorized services and activities.

‘‘Sec. 6106. Student eligibility forms.

‘‘Sec. 6107. Payments.

‘‘PART B—DISCRETIONARY PROGRAMS TO IMPROVE EDUCATIONAL

ACHIEVEMENT OF INDIAN CHILDREN

‘‘Sec. 6201. Grants to Indian-controlled schools.

‘‘Sec. 6202. Demonstration grants.

‘‘PART C—PROFESSIONAL DEVELOPMENT AND ADULT EDUCATION

PROGRAMS

‘‘Sec. 6301. Professional development.

‘‘Sec. 6302. Adult education.

‘‘PART D—NATIONAL ACTIVITIES AND GRANTS TO STATES

‘‘Sec. 6401. National activities.

‘‘Sec. 6402. Grants to States.

‘‘PART E—FEDERAL ADMINISTRATION

‘‘Sec. 6501. Office of Indian Education.

‘‘Sec. 6502. National Advisory Council on Indian Education.

‘‘Sec. 6503. Peer review.

‘‘Sec. 6504. Preference for Indian applicants.

‘‘Sec. 6505. Minimum grant criteria.

‘‘PART F—DEFINITIONS; AUTHORIZATIONS OF APPROPRIATIONS

‘‘Sec. 6601. Definitions.

‘‘Sec. 6602. Authorizations of appropriations.

‘‘TITLE VII—BILINGUAL EDUCATION PROGRAMS

‘‘Sec. 7001. Findings.

‘‘Sec. 7002. Policy; authorization of appropriations.

‘‘Sec. 7003. Definitions.

‘‘Sec. 7004. Indian children in school.

‘‘PART A—FINANCIAL ASSISTANCE FOR BILINGUAL EDUCATION

‘‘Sec. 7101. Financial assistance for bilingual education.

‘‘PART B—RESEARCH AND EVALUATION

‘‘Sec. 7201. Use of funds.

‘‘Sec. 7202. Research.

‘‘Sec. 7203. Academic excellence awards.

‘‘Sec. 7204. State grant program.

‘‘Sec. 7205. National Clearinghouse for Bilingual Education.

‘‘Sec. 7206. Evaluations.
9

•S 1513 RS

‘‘PART C—PROFESSIONAL DEVELOPMENT

‘‘Sec. 7301. Purpose.

‘‘Sec. 7302. Professional development grants.

‘‘Sec. 7303. Fellowships.

‘‘Sec. 7304. Stipends.

‘‘PART D—EMERGENCY IMMIGRANT EDUCATION PROGRAM

‘‘Sec. 7401. Purpose.

‘‘Sec. 7402. Emergency Immigrant Education Grants.

‘‘PART E—ADMINISTRATION

‘‘Sec. 7501. Coordination with related programs.

‘‘Sec. 7502. Report on bilingual education.

‘‘Sec. 7503. State educational agency recommendations; peer review.

‘‘PART F—SPECIAL RULE

‘‘Sec. 7601. Special rule.

‘‘TITLE VIII—IMPACT AID

‘‘Sec. 8001. Findings.

‘‘Sec. 8002. Purpose.

‘‘Sec. 8003. Payments for eligible children.

‘‘Sec. 8004. Policies and procedures for children residing on Indian lands.

‘‘Sec. 8005. Applications for payments under section 8003.

‘‘Sec. 8006. Sudden and substantial increases in attendance of military dependents.

‘‘Sec. 8007. Construction.

‘‘Sec. 8008. Minimum school facilities assisted by the Secretary.

‘‘Sec. 8009. State consideration of payments in providing State aid.

‘‘Sec. 8010. Federal administration.

‘‘Sec. 8011. Administrative hearings and judicial review.

‘‘Sec. 8012. Definitions.

‘‘Sec. 8013. Authorization of appropriations.

‘‘TITLE IX—GENERAL PROVISIONS

‘‘PART A—DEFINITIONS

‘‘Sec. 9101. Definitions.

‘‘Sec. 9102. Applicability of this title.

‘‘PART B—FLEXIBILITY IN THE USE OF ADMINISTRATIVE AND OTHER

FUNDS

‘‘Sec. 9201. Consolidation of State administrative funds for elementary and secondary education programs.

‘‘Sec. 9202. Single local educational agency States.

‘‘Sec. 9203. Consolidation of funds for local administration.

‘‘Sec. 9204. Administrative funds study.

‘‘Sec. 9205. Consolidated set-aside for Department of the Interior funds.

‘‘Sec. 9206. Schoolwide programs.

‘‘Sec. 9207. Availability of unneeded program funds.
10

•S 1513 RS

‘‘PART C—COORDINATION OF PROGRAMS; CONSOLIDATED STATE AND LOCAL

APPLICATIONS

‘‘Sec. 9301. Purpose.

‘‘Sec. 9302. Optional consolidated State application.

‘‘Sec. 9303. General applicability of State educational agency assurances.

‘‘Sec. 9304. Consolidated local applications.

‘‘Sec. 9305. Other general assurances.

‘‘PART D—WAIVERS

‘‘Sec. 9401. Waivers of statutory and regulatory requirements.

‘‘PART E—UNIFORM PROVISIONS

‘‘Sec. 9501. Maintenance of effort.

‘‘Sec. 9502. Prohibition regarding State aid.

‘‘Sec. 9503. Participation by private school children and teachers.

‘‘Sec. 9504. Standards for by-pass.

‘‘Sec. 9505. Complaint process for participation of private school children.

‘‘Sec. 9506. By-pass determination process.

‘‘Sec. 9507. Prohibition against funds for religious worship or instruction.

‘‘PART F—OTHER PROVISIONS

‘‘Sec. 9601. State recognition of exemplary performance.

‘‘Sec. 9604. International education activities.

1 ‘‘TITLE I—HELPING CHILDREN IN NEED MEET

2 HIGH STANDARDS

3 ‘‘DECLARATION OF POLICY AND STATEMENT OF PURPOSE

4 ‘‘SEC. 1001. (a) STATEMENT OF POLICY.—The Con5 gress declares it to be the policy of the United States that

6 a high-quality education for all citizens and a fair and

7 equal opportunity to obtain that education—

8 ‘‘(1) are a societal good necessary for creating

9 a vibrant future for our complex and diverse democ10 racy and for meeting the challenge of an internation11 ally competitive economy;
11

•S 1513 RS

1 ‘‘(2) are a private good because individual op2 portunity is greatly enhanced by one’s being well

3 educated;

4 ‘‘(3) are a moral imperative in our society; sim5 ple justice demands that the opportunity to acquire

6 skills and knowledge deemed necessary for basic citi7 zenship and economic opportunity be equally avail8 able to all; and

9 ‘‘(4) improve the life of every citizen, because

10 the quality of our individual lives ultimately depends

11 on the quality of the lives of others.

12 ‘‘(b) RECOGNITION OF NEED.—The Congress recog13 nizes that—

14 ‘‘(1) although the achievement gap between dis15 advantaged children and other children has been re16 duced by half over the past two decades, a sizeable

17 gap remains, and many segments of our society lack

18 the opportunity to become well educated;

19 ‘‘(2) the most urgent need for educational im20 provement is in schools with high concentrations of

21 children from low-income families. Achieving the Na22 tional Education Goals will not be possible without

23 substantial improvement in these schools;

24 ‘‘(3) educational needs are particularly great for

25 low-achieving children in our highest-poverty schools,
12

•S 1513 RS

1 children with limited English proficiency, children of

2 migrant workers, Indian children, children who are

3 neglected or delinquent, and young children and

4 their parents who are in need of family-literacy serv5 ices; and

6 ‘‘(4) while title I and other programs funded

7 under this Act have contributed to narrowing the

8 achievement gap between children in high-poverty

9 and low-poverty schools, they need to become even

10 more effective in improving high-poverty schools in

11 order to help enable all children to achieve high

12 standards.

13 ‘‘(c) WHAT HAS BEEN LEARNED.—To enable schools

14 to provide all children a high-quality education, this title

15 builds upon what has been learned:

16 ‘‘(1) All children can master challenging con17 tent and complex problem-solving skills; research

18 clearly shows that children, including low-achieving

19 children, can succeed when expectations are high

20 and they are given the opportunity to learn challeng21 ing material.

22 ‘‘(2) Piecemeal reform, particularly when not

23 tied to an overall vision of teaching to, and helping

24 all children reach, high standards, does not work.
13

•S 1513 RS

1 ‘‘(3) Use of low-level tests that are not aligned

2 with schools’ curricula fails to provide adequate in3 formation about what children know and can do and

4 encourages curricula and instruction that focus on

5 low-level skills measured by those tests.

6 ‘‘(4) Resources are less effective when they

7 serve children through such practices as pull-out

8 programs, instead of ensuring that children have full

9 access to effective regular school programs and re10 ceive supplemental help through extended-time ac11 tivities.

12 ‘‘(5) The disproven theory that children must

13 first learn basic skills before engaging in more com14 plex tasks continues to dominate strategies for class15 room instruction, resulting in emphasis on repetitive

16 drill and practice at the expense of content-rich in17 struction, accelerated curricula, and effective teach18 ing to high standards.

19 ‘‘(6) Intensive and sustained professional devel20 opment for teachers and other school staff—focused

21 on teaching and learning and on helping children at22 tain high standards—is too often not provided.

23 ‘‘(7) Insufficient attention and resources are di24 rected toward the effective use of technology in
14

•S 1513 RS

1 schools and the role it can play in professional devel2 opment and improved teaching and learning.

3 ‘‘(8) All parents can contribute to their chil4 dren’s success by helping at home and becoming

5 partners with teachers so that children can achieve

6 high standards.

7 ‘‘(9) Decentralized decisionmaking is a key in8 gredient of systemic reform. Schools need the re9 sources, flexibility, and responsibility to design and

10 implement effective strategies for bringing their chil11 dren to high levels of performance and should accept

12 responsibility to do so.

13 ‘‘(10) Opportunities for students to achieve to

14 high standards can be enhanced through a variety of

15 approaches such as public school choice and charter

16 schools.

17 ‘‘(11) Attention to academics alone cannot en18 sure that all children will reach high standards. The

19 health and other needs of children that affect learn20 ing are frequently unmet, particularly in high-pov21 erty schools, thereby necessitating coordination of

22 services to better meet children’s needs.

23 ‘‘(12) Resources provided under this title have

24 not been adequately targeted on the highest-poverty
15

•S 1513 RS

1 school districts and schools that have children most

2 in need.

3 ‘‘(d) STATEMENT OF PURPOSE.—The purpose of this

4 title is to enable schools to provide opportunities for chil5 dren served to acquire the knowledge and skills contained

6 in the rigorous State content standards and to meet the

7 challenging State performance standards developed for all

8 children under the Goals 2000: Educate America Act or,

9 in their absence, under this title. This purpose shall be

10 accomplished by—

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

12 and aligning the efforts of States, local educational

13 agencies, and schools to help children served under

14 this title to reach them;

15 ‘‘(2) providing children an enriched and acceler16 ated educational program through schoolwide pro17 grams or through additional services that increase

18 the amount and quality of instructional time so that

19 children served under this title receive at least all

20 the classroom instruction that other children receive;

21 ‘‘(3) promoting schoolwide reform and ensuring

22 access of children—from the earliest grades—to ef23 fective instructional strategies and challenging aca24 demic content that includes intensive complex think25 ing and problem-solving experiences;
16

•S 1513 RS

1 ‘‘(4) significantly upgrading the quality of cur2 ricula and instruction by providing staff in partici3 pating schools with substantial opportunities for in4 tensive and sustained professional development;

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

6 this title with each other, with other educational

7 services, and, to the extent feasible, with health and

8 social service programs funded from other sources;

9 ‘‘(6) affording parents meaningful opportunities

10 to participate in the education of their children at

11 home and at school;

12 ‘‘(7) distributing resources, in amounts suffi13 cient to make a difference, to areas where needs are

14 greatest;

15 ‘‘(8) improving accountability, as well as teach16 ing and learning, by using State assessment systems

17 designed to measure how well children are achieving

18 high State standards of performance expected of all

19 children; and

20 ‘‘(9) providing greater decision-making author21 ity and flexibility to schools in exchange for greater

22 responsibility for student performance.

23 ‘‘AUTHORIZATION OF APPROPRIATIONS

24 ‘‘SEC. 1002. Appropriations are authorized for the

25 following programs and activities under this title:
17

•S 1513 RS

1 ‘‘(a) LOCAL EDUCATIONAL AGENCY GRANTS.—For

2 the purpose of carrying out part A of this title, other than

3 section 1117(e) and sections 1118(b)(1), (b)(2), and (e),

4 there are authorized to be appropriated $7,000,000,000

5 for fiscal year 1995 and such sums as may be necessary

6 for each of the fiscal years 1996 through 2004.

7 ‘‘(b) EVEN START.—For the purpose of carrying out

8 part B of this title, there are authorized to be appro9 priated such sums as may be necessary for each of the

10 fiscal years 1995 through 2004.

11 ‘‘(c) EDUCATION OF MIGRATORY CHILDREN.—For

12 the purpose of carrying out part C of this title, there are

13 authorized to be appropriated such sums as may be nec14 essary for each of the fiscal years 1995 through 2004.

15 ‘‘(d) EDUCATION FOR NEGLECTED OR DELINQUENT

16 YOUTH.—For the purpose of carrying out part D of this

17 title, there are authorized to be appropriated such sums

18 as may be necessary for each of the fiscal years 1995

19 through 2004.

20 ‘‘(e) CAPITAL EXPENSES.—For the purpose of carry21 ing out section 1117(e) of this title, there are authorized

22 to be appropriated such sums as may be necessary for

23 each of the fiscal years 1995 through 2004.

24 ‘‘(f) SCHOOL IMPROVEMENT.—For the purpose of

25 carrying out the activities authorized in sections
18

•S 1513 RS

1 1118(b)(1), (b)(2), and (e) of this title, there are author2 ized to be appropriated such sums as may be necessary

3 for each of the fiscal years 1995 through 2004.

4 ‘‘(g) FEDERAL ACTIVITIES.—(1) For the purpose of

5 carrying out section 1501 of this title, there are authorized

6 to be appropriated such sums as may be necessary for

7 each of the fiscal years 1995 through 2004.

8 ‘‘(2) For the purpose of carrying out section 1502

9 of this title, there are authorized to be appropriated such

10 sums as may be necessary for each of the fiscal years 1995

11 through 2004.

12 ‘‘PART A—MAKING HIGH-POVERTY SCHOOLS WORK

13 ‘‘Subpart 1—Basic Program Requirements

14 ‘‘STATE PLANS

15 ‘‘SEC. 1111. (a) PLANS REQUIRED.—(1) Any State

16 desiring to receive a grant under this part shall submit

17 to the Secretary a plan, developed in consultation with

18 local educational agencies, teachers, administrators, and

19 parents, that—

20 ‘‘(A) is integrated with the State’s plan, either

21 approved or being developed, under title III of the

22 Goals 2000: Educate America Act, and satisfies the

23 requirements of this section that are not already ad24 dressed by that State plan; or
19

•S 1513 RS

1 ‘‘(B) if the State does not have an approved

2 plan under title III of the Goals 2000: Educate

3 America Act and is not developing such a plan, is

4 integrated with other State plans under this Act and

5 satisfies the requirements of this section.

6 ‘‘(2) A State plan submitted under paragraph (1)(A)

7 may, if necessary, be submitted as an amendment to the

8 State’s plan under title III of the Goals 2000: Educate

9 America Act.

10 ‘‘(b) STANDARDS AND ASSESSMENT PROVISIONS.—

11 (1)(A) Each State plan shall contain a description of the

12 high-quality standards for all children that will be used

13 by the State, its local educational agencies, and its schools

14 to carry out this Act, which shall include—

15 ‘‘(i) challenging content standards in the core

16 academic subjects that—

17 ‘‘(I) specify what all children are expected

18 to know and be able to do; and

19 ‘‘(II) contain coherent and rigorous con20 tent; and

21 ‘‘(ii) challenging performance standards that—

22 ‘‘(I) are aligned with the State’s content

23 standards;

24 ‘‘(II) describe two levels of high perform25 ance—‘proficient’ and ‘advanced’—that deter-
20

•S 1513 RS

1 mine how well children are mastering the mate2 rial in the content standards; and

3 ‘‘(III) include a third benchmark below

4 proficient, if necessary, to provide complete in5 formation about the progress of the lower-per6 forming children toward achieving to the high

7 ‘proficient’ and ‘advanced’ performance stand8 ards.

9 ‘‘(B) If a State has not adopted challenging content

10 and performance standards in all of its core academic sub11 jects, the State plan shall include content and performance

12 standards for elementary and secondary school children in

13 those core subjects that it has adopted (which must in14 clude at least mathematics and reading/language arts),

15 and the State shall add other content and performance

16 standards as it adopts them under a schedule that it shall

17 include in the State plan.

18 ‘‘(2)(A) Each State plan shall include a description,

19 based on assessments described under paragraph (3), of

20 what constitutes adequate yearly progress of—

21 ‘‘(i) any school served under this part toward

22 enabling all children to meet the State’s ‘proficient’

23 and ‘advanced’ performance standards; and

24 ‘‘(ii) any local educational agency that receives

25 funds under this part toward enabling all children
21

•S 1513 RS

1 within its jurisdiction to meet the State’s ‘proficient’

2 and ‘advanced’ performance standards.

3 ‘‘(B) Adequate yearly progress shall be defined in a

4 manner that results in continuous and substantial yearly

5 improvement of each school and local educational agency

6 toward the goal of all children meeting the State’s chal7 lenging ‘advanced’ performance standards.

8 ‘‘(3) Each State plan shall include a description of

9 the set of high-quality, yearly student assessments that

10 will be used as the primary means of determining the year11 ly performance of each local educational agency and school

12 served under this part in enabling all children to meet the

13 State’s performance standards. These assessments shall—

14 ‘‘(A) be aligned with the State’s challenging

15 content and performance standards and provide co16 herent information about student attainment;

17 ‘‘(B) be used for purposes for which they are

18 valid and reliable and be consistent with relevant,

19 nationally recognized, professional and technical

20 standards of assessment;

21 ‘‘(C) be comprised of multiple, up-to-date meas22 ures of student performance;

23 ‘‘(D) include, except under the most extreme

24 conditions, children with disabilities and limited

25 English proficient children who, to the extent prac-
22

•S 1513 RS

1 ticable, shall be assessed in the language that will

2 afford them the greatest opportunity to demonstrate

3 their proficiency;

4 ‘‘(E) provide individual student scores; and

5 ‘‘(F) provide for disaggregated results for edu6 cationally meaningful categories of children, when

7 results for those categories would be reliable.

8 ‘‘(4) If a State has adopted challenging content and

9 performance standards and an aligned set of assessments

10 for all students under title III of the Goals 2000: Educate

11 America Act, the State shall use those standards and as12 sessments, modified, if necessary, to conform with the re13 quirements of paragraphs (1)(A)(ii), (2), and (3).

14 ‘‘(5)(A) If a State does not have challenging content

15 and performance standards that meet the requirements of

16 paragraph (1) or assessments that meet the requirements

17 of paragraph (3), the State may propose to use, for an

18 interim period of up to two years, an alternative statewide

19 set of yearly assessments that the Secretary finds assesses

20 the performance of complex skills and challenging subject

21 matter.

22 ‘‘(B)(i) The Secretary, upon the request of a State

23 and a showing of substantial progress toward meeting the

24 requirements of paragraphs (1) and (3), may extend for
23

•S 1513 RS

1 one year the use of the alternative assessments described

2 in subparagraph (A).

3 ‘‘(ii) A State that is denied the one-year extension

4 under clause (i) or is granted such an extension but, after

5 one additional year, does not have challenging content and

6 performance standards that meet the requirements of

7 paragraph (1) or assessments that meet the requirements

8 of paragraph (3) shall adopt a set of standards and

9 aligned assessments that are satisfactory to the Secretary,

10 such as those contained in other State plans the Secretary

11 has approved.

12 ‘‘(C) For any year during which a State is using an

13 interim assessment system, the State shall devise a means

14 for identifying schools and local educational agencies in

15 need of improvement under section 1118.

16 ‘‘(c) OTHER PROVISIONS TO SUPPORT TEACHING

17 AND LEARNING.—Each State plan shall also describe—

18 ‘‘(1) the method the State educational agency

19 will use to implement a system of school support

20 teams under section 1114(c), including provision of

21 necessary professional development for those teams;

22 ‘‘(2) the means by which the State educational

23 agency will work with other agencies and institutions

24 to provide technical assistance to local educational
24

•S 1513 RS

1 agencies and schools to carry out their responsibil2 ities under this part;

3 ‘‘(3) how the State educational agency will ful4 fill its district and school improvement responsibil5 ities under section 1118, including the corrective ac6 tions it will take under section 1118(d)(6); and

7 ‘‘(4) how the State educational agency will en8 courage the use of funds from other Federal, State,

9 and local sources for schoolwide reform in

10 schoolwide programs under section 1114.

11 ‘‘(d) PEER REVIEW AND SECRETARIAL APPROVAL.—

12 The Secretary shall—

13 ‘‘(1) establish a peer review process to assist in

14 the review and revision of State plans;

15 ‘‘(2) following an initial peer review, approve a

16 State plan the Secretary determines meets the re17 quirements of subsections (b) and (c); and

18 ‘‘(3)(A) if the Secretary determines that the

19 State plan does not meet the requirements of sub20 section (b) or (c), immediately notify the State of

21 that determination and the reasons for it.

22 ‘‘(B) The Secretary may withhold funds until

23 he or she determines that the plan meets the re24 quirements.
25

•S 1513 RS

1 ‘‘(e) DURATION OF THE PLAN.—(1) Each State plan

2 shall—

3 ‘‘(A) remain in effect for the duration of the

4 State’s participation under this part; and

5 ‘‘(B) be periodically reviewed and revised by the

6 State, as necessary, to reflect changes in the State’s

7 strategies and programs under this part.

8 ‘‘(2) If the State makes significant changes in its

9 plan, such as the adoption of new content and perform10 ance standards, new assessments, or a new definition of

11 adequate progress, the State shall submit this information

12 to the Secretary for approval.

13 ‘‘LOCAL EDUCATIONAL AGENCY PLANS

14 ‘‘SEC. 1112. (a) PLANS REQUIRED.—(1) A local edu15 cational agency may receive a subgrant under this part

16 for any fiscal year only if it has on file with the State

17 educational agency a plan, approved by the State edu18 cational agency, that—

19 ‘‘(A) is integrated with the local educational

20 agency’s plan, either approved or being developed,

21 under title III of the Goals 2000: Educate America

22 Act, and satisfies the requirements of this section

23 that are not already addressed by that plan; or

24 ‘‘(B) if the local educational agency does not

25 have an approved plan under title III of the Goals

26 2000: Educate America Act and is not developing
26

•S 1513 RS

1 such a plan, is integrated with its other plans under

2 this Act and satisfies the requirements of this sec3 tion.

4 ‘‘(2) A local educational agency plan submitted under

5 paragraph (1)(A) may, if necessary, be submitted as an

6 amendment to its plan under title III of the Goals 2000:

7 Educate America Act.

8 ‘‘(b) STANDARDS AND ASSESSMENT PROVISIONS.—

9 Each local educational agency plan shall include—

10 ‘‘(1) a description of its challenging content and

11 performance standards, if any, in the core subjects,

12 in addition to the content and performance stand13 ards adopted by the State under section 1111, that

14 the local educational agency expects all children to

15 meet; and

16 ‘‘(2) a description of additional high-quality

17 student assessments, if any, other than those de18 scribed in the State plan under section 1111, that

19 the local educational agency and schools served

20 under this part will use to determine—

21 ‘‘(A) the success of children in schools

22 served under this part in meeting the State’s

23 performance standards; and
27

•S 1513 RS

1 ‘‘(B) what revisions are needed to projects

2 under this part so that such children will meet

3 the State’s performance standards.

4 ‘‘(c) OTHER PROVISIONS TO SUPPORT TEACHING

5 AND LEARNING.—(1) To ensure high-quality instruction

6 to enable participating children to meet the State’s chal7 lenging performance standards expected of all students,

8 each local educational agency plan shall describe a coher9 ent strategy for intensive and sustained professional devel10 opment for teachers, administrators, and other staff, in11 cluding district-level staff, that—

12 ‘‘(A) takes into account the needs and activities

13 across and within schools; and

14 ‘‘(B) draws on resources available under this

15 part and from other sources.

16 ‘‘(2) Each local educational agency plan shall de17 scribe how the local educational agency will—

18 ‘‘(A) work in consultation with schools as the

19 schools develop their plans pursuant to section 1114

20 or 1115 and assist schools as they implement those

21 plans so that each school can make adequate yearly

22 progress toward meeting the State’s standards;

23 ‘‘(B) support and encourage schoolwide pro24 grams; and
28

•S 1513 RS

1 ‘‘(C) fulfill its school improvement responsibil2 ities under section 1118, including the corrective ac3 tions it will take under section 1118(c)(4).

4 ‘‘(3) To address the comprehensive needs of children,

5 each local educational agency plan shall describe how the

6 local educational agency will—

7 ‘‘(A) coordinate and integrate services provided

8 under this part with other educational services, in9 cluding—

10 ‘‘(i) Even Start, Head Start, and other

11 preschool programs, and school-to-work transi12 tion programs; and

13 ‘‘(ii) services for children with limited Eng14 lish proficiency or with disabilities, migratory

15 children served under part C of this title, ne16 glected or delinquent children served under part

17 D of this title, homeless children, and immi18 grant children in order to increase program ef19 fectiveness, eliminate duplication, and reduce

20 fragmentation of the children’s instructional

21 program;

22 ‘‘(B) coordinate and collaborate, to the extent

23 feasible, with other agencies providing services to

24 children, youth, and families, including, but not lim25 ited to, health and social services; and
29

•S 1513 RS

1 ‘‘(C) establish a procedure to ensure that all

2 children in participating elementary schools in which

3 the percentage of children from low-income families

4 is 50 percent or more receive, at a minimum, two

5 health screenings during the elementary school years

6 at appropriate intervals based on reasonable pedi7 atric standards. Funds under this part may be used

8 to provide such health screenings only if funds from

9 other public or private sources, including, but not

10 limited to, Medicaid; Early Periodic Screening, Diag11 nosis, and Treatment (EPSDT); private insurance;

12 or other community health resources, are not rea13 sonably available to pay for such screening.

14 ‘‘(4) The local educational agency plan shall also in15 clude a description of—

16 ‘‘(A) the poverty criteria that will be used to se17 lect school attendance areas under section 1113;

18 ‘‘(B) the multiple criteria that will be used by

19 targeted assistance schools under section 1115 to

20 identify children eligible for services under this part;

21 ‘‘(C) a general description of the nature of the

22 programs to be conducted by its schools under sec23 tions 1114 and 1115 and services outside those

24 schools for children living in local institutions for ne-
30

•S 1513 RS

1 glected or delinquent children and for eligible home2 less children; and

3 ‘‘(D) a description of how the local educational

4 agency will provide services to eligible children at5 tending private elementary and secondary schools in

6 accordance with section 1117, and how timely and

7 meaningful consultation with private school officials

8 regarding such services will occur.

9 ‘‘(d) PLAN DEVELOPMENT AND DURATION.—Each

10 local educational agency plan shall be—

11 ‘‘(1) developed in consultation with teachers

12 and parents of children in schools served under this

13 part; and

14 ‘‘(2) periodically reviewed and revised, as nec15 essary, to reflect changes in the local educational

16 agency’s strategies and programs.

17 ‘‘(e) STATE APPROVAL.—The State educational

18 agency shall approve a local educational agency’s plan only

19 if the State educational agency determines that the plan

20 will enable schools served under this part to substantially

21 help all children served meet the State’s challenging per22 formance standards expected of all children.

23 ‘‘(f) PROGRAM RESPONSIBILITY.—The local edu24 cational agency plan shall reflect the shared responsibility
31

•S 1513 RS

1 of schools and the local educational agency in making deci2 sions required under sections 1114 and 1115.

3 ‘‘ELIGIBLE SCHOOL ATTENDANCE AREAS

4 ‘‘SEC. 1113. (a) GENERAL.—(1)(A)(i) A local edu5 cational agency shall use funds received under this part

6 only in school attendance areas with high concentrations

7 of children from low-income families, hereafter in this sec8 tion referred to as ‘eligible school attendance areas’.

9 ‘‘(ii) For the purposes of this part—

10 ‘‘(I) ‘school attendance area’ means, in relation

11 to a particular school, the geographical area in

12 which the children who are normally served by that

13 school reside; and

14 ‘‘(II) ‘eligible school attendance area’ means a

15 school attendance area in which the percentage of

16 children from low-income families is at least as high

17 as the percentage of children from low-income fami18 lies in the local educational agency as a whole.

19 ‘‘(B) If funds allocated in accordance with subsection

20 (c) are insufficient to serve all eligible school attendance

21 areas, a local educational agency shall—

22 ‘‘(i) annually rank, without regard to grade

23 spans, its eligible school attendance areas in which

24 the concentration of children from low-income fami25 lies exceeds 75 percent from highest to lowest ac-
32

•S 1513 RS

1 cording to the percentage of children from low-in2 come families; and

3 ‘‘(ii) serve such eligible school attendance areas

4 in rank order.

5 ‘‘(C) If funds remain after serving all eligible school

6 attendance areas under subparagraph (B), a local edu7 cational agency shall—

8 ‘‘(i) annually rank its remaining eligible school

9 attendance areas from highest to lowest either by

10 grade span or for the entire local educational agency

11 according to the percentage of children from low-in12 come families; and

13 ‘‘(ii) serve such eligible school attendance areas

14 in rank order either within each grade-span group15 ing or within the local educational agency as a

16 whole.

17 ‘‘(2) The local educational agency shall use the same

18 measure of low income, which it shall choose on the basis

19 of the best available data and which may be a composite

20 of several indicators, with respect to all school attendance

21 areas in the local educational agency to—

22 ‘‘(A) identify eligible school attendance areas;

23 ‘‘(B) determine the ranking of each area; and

24 ‘‘(C) determine allocations under subsection (c).
33

•S 1513 RS

1 ‘‘(3) This subsection shall not apply to a local edu2 cational agency with a total enrollment of less than 1,000

3 children.

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

5 Notwithstanding subsection (a)(1), a local educational

6 agency may—

7 ‘‘(1) designate as eligible any school attendance

8 area or school in which at least 50 percent of the

9 children are from low-income families;

10 ‘‘(2) use funds received under this part in a

11 school that is not in an eligible school attendance

12 area, if the percentage of children from low-income

13 families enrolled in the school is equal to or greater

14 than the percentage of such children in a participat15 ing school attendance area of such agency; and

16 ‘‘(3)(A) skip an eligible school attendance area

17 or eligible school that has a higher percentage of

18 children from low-income families if—

19 ‘‘(i) the school meets the comparability re20 quirements of section 1119(c);

21 ‘‘(ii) the school is receiving supplemental

22 funds from other State or local sources that are

23 spent according to the requirements of section

24 1114 or 1115; and
34

•S 1513 RS

1 ‘‘(iii) the funds expended from those other

2 sources equal or exceed the amount that would

3 be provided under this part.

4 ‘‘(B) Notwithstanding subparagraph (A), the

5 number of children to receive services attending pri6 vate elementary and secondary schools, and the as7 sistance they receive under this part, shall be deter8 mined without regard to whether the public school

9 attendance area in which such children reside is

10 skipped under this paragraph.

11 ‘‘(c) ALLOCATIONS.—(1) A local educational agency

12 shall allocate funds received under this part to eligible

13 school attendance areas or eligible schools, identified

14 under subsection (a) or (b), in rank order, on the basis

15 of the total number of children from low-income families

16 in each area or school.

17 ‘‘(2)(A) Except as provided in subparagraph (B), the

18 per-pupil amount of funds allocated to each school attend19 ance area or school under paragraph (1) shall be at least

20 80 percent of the per-pupil amount of funds the local edu21 cational agency received for that year under sections 1123

22 and 1124.

23 ‘‘(B) A local educational agency may reduce the

24 amount of funds allocated under subparagraph (A) for a

25 school attendance area or school by the amount of any
35

•S 1513 RS

1 supplemental State and local funds expended in that

2 school attendance area or school for programs that meet

3 the requirements of section 1114 or 1115.

4 ‘‘(3) A local educational agency shall reserve such

5 funds as are necessary under this part to provide services

6 comparable to those provided to children in schools funded

7 under this part to serve—

8 ‘‘(A) eligible homeless children who do not at9 tend participating schools, including providing edu10 cationally related support services to children in

11 shelters, where appropriate; and

12 ‘‘(B) children living in local institutions for ne13 glected or delinquent children.

14 ‘‘SCHOOLWIDE PROGRAMS

15 ‘‘SEC. 1114. (a) USE OF FUNDS FOR SCHOOLWIDE

16 PROGRAMS.—(1) A local educational agency may use

17 funds under this part, in combination with other Federal,

18 State, and local funds, to upgrade the entire educational

19 program in an eligible school if, for the initial year of the

20 schoolwide program, the school meets the following cri21 teria:

22 ‘‘(A) For school year 1995–96—

23 ‘‘(i) the school serves an eligible school at24 tendance area in which at least 65 percent of

25 the children are from low-income families; or
36

•S 1513 RS

1 ‘‘(ii) at least 65 percent of the children en2 rolled in the school are from such families.

3 ‘‘(B) For school year 1996–97 and thereafter,

4 the percentage requirement in subparagraphs (A) (i)

5 and (ii) shall be 50 percent.

6 ‘‘(2)(A) No schoolwide program school shall be re7 quired to identify particular children as eligible to partici8 pate or to provide supplemental services to them.

9 ‘‘(B) A schoolwide program school shall use such

10 funds only to supplement the amount of funds that would,

11 in the absence of funds under this part, be made available

12 from non-Federal sources for the school, including funds

13 needed to provide services that are required by law for

14 children with disabilities and children with limited English

15 proficiency.

16 ‘‘(3) A school may use funds received under any non17 competitive, formula-grant program administered by the

18 Secretary, except such a program under the Individuals

19 With Disabilities Education Act, and any discretionary

20 program contained on a list (updated as necessary) issued

21 by the Secretary to support a schoolwide program, not22 withstanding any provision of the statute or regulations

23 governing any such program.
37

•S 1513 RS

1 ‘‘(b) COMPONENTS OF A SCHOOLWIDE PROGRAM.—

2 (1) A schoolwide program shall include the following com3 ponents:

4 ‘‘(A) A comprehensive needs assessment of the

5 entire school that is based on information on the

6 performance of children in relation to the State’s

7 standards.

8 ‘‘(B) Schoolwide reform strategies that—

9 ‘‘(i) provide opportunities for all children

10 to meet the State’s ‘proficient’ and ‘advanced’

11 performance standards expected of all children;

12 ‘‘(ii) are based on research on effective

13 means of improving the achievement of chil14 dren;

15 ‘‘(iii) use effective instructional strategies

16 that increase the amount and quality of learn17 ing time and help provide an enriched and ac18 celerated curriculum rather than remedial drill

19 and practice;

20 ‘‘(iv) address the needs of all children in

21 the school, but particularly the needs of low22 achieving children, children with limited English

23 proficiency, children from migratory families,

24 and children who are members of the target

25 population of any program that is included in
38

•S 1513 RS

1 the schoolwide program, and how the school will

2 determine if those needs have been met; and

3 ‘‘(v) are consistent with, and are designed

4 to implement, the State and local reform plans,

5 if any, approved under title III of the Goals

6 2000: Educate America Act.

7 ‘‘(C) Instruction by highly qualified professional

8 staff.

9 ‘‘(D) Intensive and sustained professional devel10 opment for teachers, principals, and other staff to

11 enable all children in the school to meet the State’s

12 performance standards.

13 ‘‘(E) Parental involvement in accordance with

14 section 1116.

15 ‘‘(F) Additionally, in schools serving children

16 beyond grade six, in coordination with funds avail17 able from other programs and, as appropriate, draw18 ing on private and public organizations—

19 ‘‘(i) counseling and mentoring services;

20 ‘‘(ii) college and career awareness and

21 preparation, such as college and career guid22 ance, enhancement of employability skills, and

23 job placement services; and

24 ‘‘(iii) services to prepare students for the

25 transition from school to work.
39

•S 1513 RS

1 ‘‘(2)(A) Any eligible school that desires to operate a

2 schoolwide program shall first develop, in consultation

3 with the local educational agency, a comprehensive plan

4 for reforming the total instructional program in the school

5 that—

6 ‘‘(i) incorporates the components described in

7 paragraph (1);

8 ‘‘(ii) describes how the school will use resources

9 under this part and from other sources to implement

10 those components;

11 ‘‘(iii) includes a list of State and local edu12 cational agency programs and other Federal pro13 grams under paragraph (a)(3) that will be included

14 in the schoolwide program; and

15 ‘‘(iv) describes how the school will provide indi16 vidual student assessment results, including an in17 terpretation of those results, to the parents of any

18 child who participates in the assessment required by

19 section 1111(b)(3).

20 ‘‘(B) Plans developed before a State has adopted

21 standards and a set of assessments that meet the criteria

22 in section 1111(b) (1) and (3) shall be based on an analy23 sis of available data on the achievement of students in the

24 school and a review of the school’s instructional practices
40

•S 1513 RS

1 in the context of available research on effective instruc2 tional and school improvement practices.

3 ‘‘(C) The comprehensive plan shall be—

4 ‘‘(i) developed over a one-year period, unless—

5 ‘‘(I) the local educational agency, based on

6 the recommendation of the school support team

7 under subsection (c), determines that less time

8 is needed to develop and implement the

9 schoolwide program; or

10 ‘‘(II) the school is operating a schoolwide

11 program at the time this section takes effect, in

12 which case it may continue to operate that pro13 gram, but shall develop a new plan during the

14 first year to reflect the provisions of this sec15 tion;

16 ‘‘(ii) developed with the involvement of the com17 munity to be served and those individuals who will

18 carry it out, including teachers, principals, other

19 staff, parents, and, if the plan relates to a secondary

20 school, students from the school;

21 ‘‘(iii) reviewed and revised, as necessary, by the

22 school; and

23 ‘‘(iv) available to the local educational agency,

24 parents, and the public. The information contained

25 therein shall be translated, to the extent feasible,
41

•S 1513 RS

1 into any language that a significant percentage of

2 the parents of participating children in the school

3 speak as their primary language.

4 ‘‘(c) SCHOOL SUPPORT TEAMS.—(1) Each State edu5 cational agency shall establish a system of school support

6 teams to provide information and assistance to each

7 schoolwide program to ensure that schoolwide programs

8 provide the opportunity for all children to meet the State’s

9 challenging performance standards.

10 ‘‘(2) Each such team shall be composed of persons,

11 including teachers, knowledgeable about research and

12 practice on teaching and learning, particularly about strat13 egies for improving the educational opportunities for low14 achieving children.

15 ‘‘(3) A school support team shall work with each

16 school as it develops its schoolwide program plan, review

17 the merits of each plan, and make recommendations to

18 the school and the local educational agency.

19 ‘‘(4) During the operation of the schoolwide program,

20 a school support team shall—

21 ‘‘(A) periodically review the progress of the

22 school in enabling children in the school to meet the

23 State’s performance standards;

24 ‘‘(B) identify problems in the design and oper25 ation of the instructional program; and
42

•S 1513 RS

1 ‘‘(C) make suggestions for improvement to the

2 school and the local educational agency.

3 ‘‘(5) Funds available for State administration and for

4 local educational agencies under this part may be used to

5 pay the costs of the school support teams.

6 ‘‘TARGETED ASSISTANCE SCHOOLS

7 ‘‘SEC. 1115. (a) GENERAL.—In all schools selected

8 to participate under section 1113 that are ineligible for

9 a schoolwide program, or that choose not to operate a

10 schoolwide program, a local educational agency may use

11 funds received under this part only for programs that pro12 vide services to eligible children identified as having the

13 greatest need for special assistance.

14 ‘‘(b) ELIGIBLE CHILDREN—(1)(A) The eligible popu15 lation for services under this part is—

16 ‘‘(i) those children up to age 21 who are enti17 tled to a free public education through grade 12;

18 and

19 ‘‘(ii) those children who are not yet at a grade

20 level where the local educational agency provides a

21 free public education, yet are of an age at which

22 they can benefit from an organized instructional pro23 gram provided in a school or other educational set24 ting.

25 ‘‘(B) From the population described in subparagraph

26 (A), eligible children are children identified by the school
43

•S 1513 RS

1 as failing, or most at risk of failing, to meet the State’s

2 challenging performance standards on the basis of mul3 tiple, educationally related, objective criteria established

4 by the local educational agency and supplemented by the

5 school, except that children from preschool through grade

6 two shall be selected solely on the basis of such criteria

7 as teacher judgment, interviews with parents, and devel8 opmentally appropriate measures.

9 ‘‘(2)(A)(i) Children receiving services to overcome a

10 disability or limited English proficiency are eligible for

11 services under this part on the same basis as other chil12 dren selected to receive services under this part.

13 ‘‘(ii) Funds received under this part may not be used

14 to provide services that are otherwise required by law to

15 be made available to such children.

16 ‘‘(B) A child who, at any time in the previous two

17 years, received services under the program for neglected

18 and delinquent children under part D of this title (or its

19 predecessor authority) is eligible for services under this

20 part.

21 ‘‘(C) A local educational agency shall use funds re22 ceived under this part to serve eligible homeless children

23 who attend any school in the local educational agency.

24 ‘‘(c) COMPONENTS OF A TARGETED ASSISTANCE

25 SCHOOL PROGRAM.—(1) To assist targeted assistance
44

•S 1513 RS

1 schools and local educational agencies to meet their re2 sponsibility to provide for all their students the oppor3 tunity to meet the State’s challenging performance stand4 ards, each targeted assistance program under this section

5 shall—

6 ‘‘(A) use its resources under this part to help

7 participating children meet the challenging perform8 ance standards expected for all children;

9 ‘‘(B) be based on research on effective means

10 for improving achievement of children;

11 ‘‘(C) use effective instructional strategies

12 that—

13 ‘‘(i) give primary consideration to provid14 ing extended learning time;

15 ‘‘(ii) involve an accelerated, high-quality

16 curriculum, rather than remedial drill and prac17 tice; and

18 ‘‘(iii) minimize removing children from the

19 regular classroom for instruction provided

20 under this part;

21 ‘‘(D) be coordinated with and support the regu22 lar program in providing an enriched and acceler23 ated curriculum for eligible children;

24 ‘‘(E) provide instruction by highly qualified pro25 fessional staff;
45

•S 1513 RS

1 ‘‘(F) provide opportunities for intensive and

2 sustained professional development with resources

3 under this part and from other sources for adminis4 trators and for teachers and other school staff who

5 work with participating children in programs under

6 this section or in the regular education program;

7 ‘‘(G) provide opportunities for parental involve8 ment in accordance with section 1116; and

9 ‘‘(H) include, additionally, in schools serving

10 children beyond grade six, in coordination with

11 funds available from other programs and, as appro12 priate, drawing on private and public organiza13 tions—

14 ‘‘(i) counseling and mentoring;

15 ‘‘(ii) college and career awareness and

16 preparation, such as college and career guid17 ance, enhancement of employability skills, and

18 job placement services; and

19 ‘‘(iii) services to prepare students for the

20 transition from school to work.

21 ‘‘(2)(A) Each school conducting a program under this

22 section shall develop, in consultation with the local edu23 cational agency, a plan to assist participating children to

24 meet the State’s ‘proficient’ and ‘advanced’ performance

25 standards that describes—
46

•S 1513 RS

1 ‘‘(i) the selection of children to participate in

2 accordance with subsection (b);

3 ‘‘(ii) the program to be conducted that incor4 porates the components described in paragraph (1)

5 and how the resources provided under this part will

6 be coordinated with other resources to enable the

7 children served to meet the State’s standards;

8 ‘‘(iii) how the school will review, on an ongoing

9 basis, the progress of participating children and re10 vise the program, if necessary, to provide additional

11 assistance to enable such children to meet the

12 State’s challenging performance standards;

13 ‘‘(iv) how the school will provide individual stu14 dent assessment results, including an interpretation

15 of those results, to the parents of any child who par16 ticipates in the assessment required by section

17 1111(b)(3); and

18 ‘‘(v) if the school is eligible to operate a

19 schoolwide program under section 1114, why it did

20 not choose to do so.

21 ‘‘(B) Plans developed before a State has adopted

22 standards and a set of assessments that meet the criteria

23 of section 1111(b)(1) and (3) shall be based on an analysis

24 of available data on the achievement of participating chil25 dren and a review of the school’s instructional practices
47

•S 1513 RS

1 in the context of available research on effective instruc2 tional practices.

3 ‘‘(C) Each plan shall be—

4 ‘‘(i) developed with the involvement of the com5 munity to be served and those individuals who will

6 carry it out, including teachers, administrators,

7 other staff, parents, and, if the plan relates to a sec8 ondary school, students from the school;

9 ‘‘(ii) available to the local educational agency,

10 parents, and the public, and the information con11 tained therein shall be translated, to the extent fea12 sible, into any language that a significant percentage

13 of the parents of participating children in the school

14 speak as their primary language; and

15 ‘‘(iii) reviewed and revised, as necessary, by the

16 school.

17 ‘‘(d) ASSIGNMENT OF PERSONNEL.—To promote the

18 integration of staff supported with funds under this part

19 and children served under this part into the regular school

20 program and overall school planning and improvement ef21 forts, public school personnel who are paid with funds re22 ceived under this part may—

23 ‘‘(1) assume limited duties that are assigned to

24 similar personnel who are not so paid, including du25 ties beyond classroom instruction or that do not ben-
48

•S 1513 RS

1 efit participating children so long as the amount of

2 time spent on these duties is the same proportion of

3 total work time as prevails with respect to similar

4 personnel at the same school;

5 ‘‘(2) participate in general professional develop6 ment and school planning activities; and

7 ‘‘(3) collaboratively teach with regular class8 room teachers, so long as their efforts directly bene9 fit participating children.

10 ‘‘PARENTAL INVOLVEMENT

11 ‘‘SEC. 1116. (a) LOCAL EDUCATIONAL AGENCY POL12 ICY.—(1) Each local educational agency that receives

13 funds under this part shall develop jointly with, and make

14 available to, parents of participating children a written

15 parent involvement policy that is incorporated into the

16 local educational agency’s plan developed under section

17 1112, establishes the expectations for parent involvement,

18 and describes how the local educational agency will—

19 ‘‘(A) involve parents in the development of the

20 plan described under section 1112, and the process

21 of school review and improvement described under

22 section 1118;

23 ‘‘(B) provide the coordination, technical assist24 ance, and other support necessary to assist partici25 pating schools in planning and implementing effec26 tive parent involvement;
49

•S 1513 RS

1 ‘‘(C) build the schools’ and parents’ capacity for

2 strong parent involvement as described in subsection

3 (e);

4 ‘‘(D) coordinate and integrate parent involve5 ment strategies in this part with those under other

6 programs; and

7 ‘‘(E) ensure that participating schools review

8 their parent involvement activities on an ongoing

9 basis and use the findings of the reviews in design10 ing strategies for school improvement.

11 ‘‘(2) If the local educational agency has a district12 level parental involvement policy that applies to all par13 ents, it may amend that policy, if necessary, to meet the

14 requirements of this subsection.

15 ‘‘(b) SCHOOL PARENTAL INVOLVEMENT PLAN.—(1)

16 Each school served under this part shall jointly develop

17 with, and make available to, parents of participating chil18 dren a written parent involvement plan that shall be incor19 porated into the school plan developed under section 1114

20 or 1115 and shall describe the means for carrying out the

21 requirements of subsections (c) through (f).

22 ‘‘(2) If the school has a parental involvement policy

23 that applies to all parents, it may amend that policy, if

24 necessary, to meet the requirements of this subsection.
50

•S 1513 RS

1 ‘‘(c) POLICY INVOLVEMENT.—Each school served

2 under this part shall—

3 ‘‘(1) convene an annual meeting, at a conven4 ient time, to which all parents of participating chil5 dren shall be invited and encouraged to attend, to

6 inform parents of their school’s participation under

7 this part and to explain this part, its requirements,

8 and their right to be involved;

9 ‘‘(2) involve parents, in an organized, ongoing,

10 and timely way, in the planning, review, and im11 provement of programs under this part, including

12 the development of the school plan under section

13 1114 or 1115. If a school has in place a process for

14 involving parents in the planning and design of its

15 programs, the school may use that process, provided

16 that it includes an adequate representation of par17 ents of participating children; and

18 ‘‘(3) provide parents of participating children—

19 ‘‘(A) timely information about programs

20 under this part;

21 ‘‘(B) school performance profiles required

22 under section 1118(a)(2);

23 ‘‘(C) opportunities for regular meetings to

24 formulate suggestions, if such parents so desire;

25 and
51

•S 1513 RS

1 ‘‘(D) timely responses to their rec2 ommendations.

3 ‘‘(d) SHARED RESPONSIBILITIES FOR HIGH STU4 DENT PERFORMANCE.—As a component of the school5 level parental involvement plan developed under subsection

6 (b), each school served under this part shall jointly develop

7 with parents for all children a school-parent compact that

8 outlines how parents, the entire school staff, and students

9 will share the responsibility for improved student achieve10 ment and the means by which the school and parents will

11 build and develop a partnership to help children achieve

12 the State’s high standards. Such compact shall—

13 ‘‘(1) describe the school’s responsibility to pro14 vide high-quality curriculum and instruction in a

15 supportive and effective learning environment that

16 enable the children to meet the State’s challenging

17 performance standards, and the ways in which each

18 parent will be responsible for supporting his or her

19 children’s learning, including monitoring attendance,

20 homework completion, television watching, and posi21 tive use of extracurricular time; and

22 ‘‘(2) address the importance of communication

23 between teachers and parents on an ongoing basis

24 through at least—
52

•S 1513 RS

1 ‘‘(A) parent-teacher conferences in elemen2 tary schools, at least annually, during which the

3 compact shall be discussed as it relates to the

4 individual child’s achievement;

5 ‘‘(B) frequent reports to parents on their

6 children’s progress; and

7 ‘‘(C) reasonable access to staff and obser8 vation of classroom activities.

9 ‘‘(e) BUILDING CAPACITY FOR INVOLVEMENT.—To

10 ensure effective involvement of parents and to support a

11 partnership among the school, parents, and the commu12 nity to improve student achievement, each school and local

13 educational agency shall—

14 ‘‘(1) provide assistance to participating parents

15 in such areas as understanding the National Edu16 cation Goals, the State’s content and performance

17 standards, State and local assessments, the require18 ments of this part, and how to monitor their chil19 dren’s progress and work with educators to improve

20 the performance of their children;

21 ‘‘(2) provide materials and training, including

22 necessary literacy training that is not otherwise

23 available from other sources to help parents work

24 with their children to improve their children’s

25 achievement;
53

•S 1513 RS

1 ‘‘(3) educate teachers, principals and other staff

2 in the value and utility of contributions of parents,

3 and in how to reach out to, communicate with, and

4 work with parents as equal partners, implement and

5 coordinate parent programs, and build ties between

6 home and school; and

7 ‘‘(4) develop appropriate roles for community8 based organizations and businesses in parent in9 volvement activities, including providing information

10 about opportunities for them to work with parents

11 and schools.

12 ‘‘(f) ACCESSIBILITY.—In carrying out the parental

13 involvement requirements of this part, local educational

14 agencies and schools shall, to the extent practicable, pro15 vide full opportunities for participation to parents with

16 limited English proficiency or with disabilities, including

17 providing information in a language and form they under18 stand.

19 ‘‘PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE

20 SCHOOLS

21 ‘‘SEC. 1117. (a) GENERAL REQUIREMENT.—(1) To

22 the extent consistent with the number of eligible children

23 identified according to section 1115(b) in a local edu24 cational agency who are enrolled in private elementary and

25 secondary schools, a local educational agency shall, after

26 timely and meaningful consultation with appropriate pri-
54

•S 1513 RS

1 vate school officials, provide such children, on an equitable

2 basis, special educational services or other benefits under

3 this part.

4 ‘‘(2) The educational services or other benefits, in5 cluding materials and equipment, must be secular, neutral,

6 and nonideological.

7 ‘‘(3) Educational services and other benefits for such

8 private school children shall be equitable in comparison to

9 services and other benefits for public school children par10 ticipating under this part.

11 ‘‘(4) Expenditures for educational services and other

12 benefits to eligible private school children shall be equal

13 to the proportion of funds allocated to participating school

14 attendance areas based on the number of children from

15 low-income families who attend private schools.

16 ‘‘(5) The local educational agency may provide such

17 services directly or through contracts with public and pri18 vate agencies, organizations, and institutions.

19 ‘‘(b) CONSULTATION.—(1) To ensure timely and

20 meaningful consultation, a local educational agency shall

21 consult with appropriate private school officials during the

22 design and development of the agency’s programs under

23 this part, on issues such as—

24 ‘‘(A) how the children’s needs will be identified;

25 ‘‘(B) what services will be offered;
55

•S 1513 RS

1 ‘‘(C) how and where the services will be pro2 vided; and

3 ‘‘(D) how the services will be assessed.

4 ‘‘(2) Consultation shall occur before the local edu5 cational agency makes any decision that affects the oppor6 tunities of eligible private school children to participate in

7 programs under this part.

8 ‘‘(3) Consultation shall include a discussion of the full

9 range of service delivery mechanisms a local educational

10 agency could use to provide equitable services to eligible

11 private school children including, but not limited to, in12 struction provided at public school sites, at neutral sites,

13 and in mobile vans, computer-assisted instruction, ex14 tended-day services, home tutoring, and instruction pro15 vided with take-home computers.

16 ‘‘(c) PUBLIC CONTROL OF FUNDS.—(1) The control

17 of funds provided under this part, and title to materials,

18 equipment, and property purchased with those funds, shall

19 be in a public agency, and a public agency shall administer

20 such funds and property.

21 ‘‘(2)(A) The provision of services under this section

22 shall be provided—

23 ‘‘(i) by employees of a public agency; or
56

•S 1513 RS

1 ‘‘(ii) through contract by such public agency

2 with an individual, association, agency, or organiza3 tion.

4 ‘‘(B) In the provision of such services, such employee,

5 person, association, agency, or organization shall be inde6 pendent of such private school and of any religious organi7 zation, and such employment or contract shall be under

8 the control and supervision of such public agency.

9 ‘‘(d) STANDARDS FOR A BYPASS.—If a local edu10 cational agency is prohibited by law from providing for

11 the participation on an equitable basis of eligible children

12 enrolled in private elementary and secondary schools or

13 if the Secretary determines that a local educational agency

14 has substantially failed or is unwilling to provide for such

15 participation, as required by this section, the Secretary

16 shall—

17 ‘‘(1) waive the requirements of this section for

18 such local educational agency; and

19 ‘‘(2) arrange for the provision of services to

20 such children through arrangements that shall be

21 subject to the requirements of this section and sec22 tions 9505 and 9506 of this Act.

23 ‘‘(e) CAPITAL EXPENSES.—(1)(A) From the amount

24 appropriated for this subsection under section 1002(e) for

25 any fiscal year, each State is eligible to receive an amount
57

•S 1513 RS

1 that bears the same ratio to the amount so appropriated

2 as the number of private school children who received serv3 ices under this part in the State in the most recent year

4 for which data satisfactory to the Secretary are available

5 bears to the number of such children in all States in that

6 same year.

7 ‘‘(B) The Secretary shall reallocate any amounts allo8 cated under subparagraph (A) that are not used by a

9 State for the purpose of this subsection to other States

10 on the basis of their respective needs, as determined by

11 the Secretary.

12 ‘‘(2)(A) A local educational agency may apply to the

13 State educational agency for payments for capital ex14 penses consistent with this subsection.

15 ‘‘(B) State educational agencies shall distribute such

16 funds to local educational agencies based on the degree

17 of need set forth in their respective applications.

18 ‘‘(3) Any funds appropriated to carry out this sub19 section shall be used only for capital expenses incurred to

20 provide equitable services for private school children under

21 this section.

22 ‘‘(4) For the purpose of this subsection, the term

23 ‘capital expenses’ is limited to—

24 ‘‘(A) expenditures for noninstructional goods

25 and services, such as the purchase, lease, or renova-
58

•S 1513 RS

1 tion of real and personal property, including, but not

2 limited to, mobile educational units and leasing of

3 neutral sites or spaces;

4 ‘‘(B) insurance and maintenance costs;

5 ‘‘(C) transportation; and

6 ‘‘(D) other comparable goods and services.

7 ‘‘ASSESSMENT AND SCHOOL AND DISTRICT IMPROVEMENT

8 ‘‘SEC. 1118. (a) LOCAL REVIEW.—Each local edu9 cational agency receiving funds under this part shall—

10 ‘‘(1) use the State assessments described in the

11 State plan and any additional measures described in

12 the local educational agency’s plan to review annu13 ally the progress of each school served under this

14 part to determine whether the school is meeting, or

15 making adequate progress as defined in section

16 1111(b)(2)(A)(i) toward enabling its students to

17 meet, the State’s performance standards;

18 ‘‘(2) publicize and disseminate to teachers, par19 ents, students, and the community the results of the

20 annual review under paragraph (1) of all schools

21 served under this part in individual school perform22 ance profiles that include disaggregated results as

23 required by section 1111(b)(3)(F); and

24 ‘‘(3) provide the results of the local annual re25 view to schools so that they can continually refine

26 the program of instruction to help all children in
59

•S 1513 RS

1 those schools meet the State’s high performance

2 standards.

3 ‘‘(b) DISTINGUISHED SCHOOLS.—(1) Each State

4 shall designate as a Distinguished School—

5 ‘‘(A) any school served under this part that, for

6 three consecutive years, has exceeded the State’s

7 definition of adequate progress as defined in section

8 1111(b)(2)(A)(i); and

9 ‘‘(B) any school in which virtually all students

10 have met the State’s ‘advanced’ performance stand11 ards.

12 ‘‘(2)(A) A State shall use funds available under sec13 tion 1002(f) to recognize Distinguished Schools, including

14 making monetary awards.

15 ‘‘(B) Funds awarded to a Distinguished School may

16 be used by the school to further its educational program

17 under this part, provide additional incentives for continued

18 success, and reward individuals or groups in the school

19 for past performance.

20 ‘‘(3) A local educational agency may also recognize

21 the success of a Distinguished School by providing addi22 tional institutional and individual rewards, such as greater

23 decisionmaking authority at the school building level, in24 creased access to resources or supplemental services such

25 as summer programs that may be used to sustain or in-
60

•S 1513 RS

1 crease success, additional professional development oppor2 tunities, opportunities to participate in special projects,

3 and individual financial bonuses.

4 ‘‘(4) Schools designated as Distinguished Schools

5 under paragraph (1) may serve as models and provide ad6 ditional assistance to other schools served under this part

7 that are not making adequate progress.

8 ‘‘(c) SCHOOL IMPROVEMENT.—(1) A local edu9 cational agency shall identify for school improvement any

10 school served under this part that—

11 ‘‘(A) has been in program improvement under

12 section 1020 of chapter 1 of title I of the Elemen13 tary and Secondary Education Act of 1965, as in ef14 fect before the effective date of the Improving Amer15 ica’s Schools Act of 1993, for at least two consecu16 tive school years prior to that date;

17 ‘‘(B) has not made adequate progress as de18 fined in the State’s plan under section

19 1111(b)(2)(A)(i) for two consecutive school years

20 and if it does not have virtually all students meeting

21 the State’s ‘advanced’ performance standards; or

22 ‘‘(C) has failed to meet the criteria established

23 by the State through its interim procedure under

24 section 1111(b)(5)(C) for two consecutive years.
61

•S 1513 RS

1 ‘‘(2)(A) Each school identified under paragraph (1)

2 shall—

3 ‘‘(i) in consultation with parents, the local edu4 cational agency, and, for schoolwide programs, the

5 school support team, revise its school plan under

6 section 1114 or 1115 in ways that have the greatest

7 likelihood of improving the performance of partici8 pating children in meeting the State’s performance

9 standards; and

10 ‘‘(ii) submit the revised plan to the local edu11 cational agency for approval.

12 ‘‘(B) During the first year immediately following

13 identification under paragraph (1), the school shall imple14 ment its revised plan.

15 ‘‘(3) For each school identified under paragraph (1),

16 the local educational agency shall provide technical assist17 ance as the school develops and implements its revised

18 plan.

19 ‘‘(4)(A) The local educational agency may take cor20 rective action at any time against a school that has been

21 identified under paragraph (1), but, during the third year

22 following identification under paragraph (1), shall take

23 such action against any school that still fails to make ade24 quate progress.
62

•S 1513 RS

1 ‘‘(B) Corrective actions are those listed in the local

2 educational agency plan, which may include, but are not

3 limited to, decreasing decisionmaking authority at the

4 school level; making alternative governance arrangements

5 such as the creation of a charter school; reconstituting the

6 school staff; withholding funds; and authorizing students

7 to transfer, including paying transportation costs, to other

8 schools in the local educational agency.

9 ‘‘(5) The State educational agency shall—

10 ‘‘(A) make assistance from Distinguished Edu11 cators under subsection (e) available to the schools

12 farthest from meeting the State’s standards, if re13 quested by the school or local educational agency;

14 and

15 ‘‘(B) if it determines that a local educational

16 agency failed to carry out its responsibility under

17 paragraphs (3) and (4), take such corrective actions

18 that it deems appropriate.

19 ‘‘(6) Schools that for at least two of the three years

20 following identification under paragraph (1) make ade21 quate progress toward meeting the State’s ‘proficient’ and

22 ‘advanced’ performance standards no longer need to be

23 identified for school improvement.
63

•S 1513 RS

1 ‘‘(d) STATE REVIEW AND LOCAL EDUCATIONAL

2 AGENCY IMPROVEMENT.—(1) A State educational agency

3 shall—

4 ‘‘(A) annually review the progress of each local

5 educational agency receiving funds under this part

6 to determine whether it is making adequate progress

7 as defined in section 1111(b)(2)(A)(ii) toward meet8 ing the State’s performance standards; and

9 ‘‘(B) publicize and disseminate to teachers, par10 ents, students, and the community the results of the

11 State review, including disaggregated results, as re12 quired by section 1111(b)(3)(F).

13 ‘‘(2) In the case of a local educational agency that

14 for three consecutive years has exceeded the State’s defini15 tion of adequate progress as defined in section

16 1111(b)(2)(A)(ii), the State may make institutional and

17 individual rewards of the kinds described for individual

18 schools in subsection (b)(3).

19 ‘‘(3) A State educational agency shall identify for im20 provement any local educational agency that—

21 ‘‘(A) for two consecutive years, is not making

22 adequate progress as defined in section

23 1111(b)(2)(A)(ii) toward meeting the State’s per24 formance standards; or
64

•S 1513 RS

1 ‘‘(B) has failed to meet the criteria established

2 by the State through its interim procedure under

3 section 1111(b)(5)(C) for two consecutive years.

4 ‘‘(4) Each local educational agency identified under

5 paragraph (3) shall, in consultation with schools, parents,

6 and educational experts, revise its district-level plan under

7 section 1112 in ways that have the greatest likelihood of

8 improving the performance of its schools in meeting the

9 State’s performance standards.

10 ‘‘(5) For each local educational agency identified

11 under paragraph (3), the State educational agency shall—

12 ‘‘(A) provide technical assistance to better en13 able the local educational agency to develop and im14 plement its revised plan and work with schools need15 ing improvement; and

16 ‘‘(B) make available to the districts farthest

17 from meeting the State’s standards, if requested, as18 sistance from Distinguished Educators under sub19 section (e).

20 ‘‘(6)(A) The State educational agency may take cor21 rective action at any time against a local educational agen22 cy that has been identified under paragraph (3), but, dur23 ing the fourth year following identification under para24 graph (3), shall take such action against any local edu25 cational agency that still fails to make adequate progress.
65

•S 1513 RS

1 ‘‘(B) Corrective actions are those listed in the local

2 educational agency plan, which may include, but are not

3 limited to, reconstitution of district personnel; appoint4 ment by the State educational agency of a receiver or

5 trustee to administer the affairs of the local educational

6 agency in place of the superintendent and school board;

7 removal of particular schools from the jurisdiction of the

8 local educational agency and establishment of alternative

9 arrangements for governing and supervising such schools;

10 the abolition or restructuring of the local educational

11 agency; authorizing students to transfer from one local

12 educational agency to another, including paying the cost

13 of transportation; and the withholding of funds.

14 ‘‘(7) Local educational agencies that for at least two

15 of the three years following identification under paragraph

16 (3) make adequate progress toward meeting the State’s

17 standards no longer need to be identified for district im18 provement.

19 ‘‘(e) DISTINGUISHED EDUCATORS.—(1) In order to

20 provide assistance to schools and local educational agen21 cies identified as needing improvement under subsection

22 (c) or (d), each State, using funds available under section

23 1002(f), shall establish a corps of Distinguished Edu24 cators.
66

•S 1513 RS

1 ‘‘(2) When possible, these Distinguished Educators

2 shall be chosen from schools served under this part that

3 have been especially successful in enabling children to

4 meet or make outstanding progress toward meeting the

5 State’s performance standards, such as those schools de6 scribed in subsection (b).

7 ‘‘(3) Distinguished Educators shall provide, upon re8 quest, intensive and sustained assistance to the schools

9 and districts farthest from meeting the State’s standards

10 as they revise and implement their plans.

11 ‘‘(4) If the State has devised an alternative approach

12 to providing such intensive and sustained assistance to

13 schools and districts farthest from meeting the State’s

14 standards, this approach shall meet the requirements of

15 this subsection subject to the approval of the Secretary

16 as part of the State plan.

17 ‘‘(f) STATE ALLOCATIONS FOR SCHOOL IMPROVE18 MENT.—From the amount appropriated under section

19 1002(f) for any fiscal year, each State shall be eligible to

20 receive an amount that bears the same ratio to the amount

21 appropriated as the amount allocated to the State under

22 sections 1123 and 1124 bears to the total amount allo23 cated to all States under those sections, except that each

24 State shall receive at least $180,000, or $30,000 in the

25 case of Guam, American Samoa, the Virgin Islands, the
67

•S 1513 RS

1 Northern Marianas, and Palau (until the Compact of Free

2 Association goes into effect).

3 ‘‘FISCAL REQUIREMENTS

4 ‘‘SEC. 1119. (a) MAINTENANCE OF EFFORT.—A

5 local educational agency may receive funds under this part

6 for any fiscal year only if the State educational agency

7 finds that the local educational agency has maintained its

8 fiscal effort in accordance with section 9501 of this Act.

9 ‘‘(b) FEDERAL FUNDS TO SUPPLEMENT, NOT SUP10 PLANT, NON-FEDERAL FUNDS.—(1)(A) Except as pro11 vided in subparagraph (B), a State or local educational

12 agency shall use funds received under this part only to

13 supplement the amount of funds that would, in the ab14 sence of such Federal funds, be made available from non15 Federal sources for the education of pupils participating

16 in programs assisted under this part, and not to supplant

17 such funds.

18 ‘‘(B) For the purpose of complying with subpara19 graph (A), a State or local educational agency may exclude

20 supplemental State and local funds expended in any eligi21 ble school attendance area or school for programs that

22 meet the requirements of section 1114 or 1115.

23 ‘‘(2) No local educational agency shall be required to

24 provide services under this part through a particular in25 structional method or in a particular instructional setting

26 in order to demonstrate its compliance with paragraph (1).
68

•S 1513 RS

1 ‘‘(c) COMPARABILITY OF SERVICES.—(1)(A) Except

2 as provided in paragraphs (4) and (5), a local educational

3 agency may receive funds under this part only if State

4 and local funds will be used in schools served under this

5 part to provide services that, taken as a whole, are at least

6 comparable to services in schools that are not receiving

7 funds under this part.

8 ‘‘(B) If the local educational agency is serving all of

9 its schools under this part, such agency may receive funds

10 under this part only if it will use State and local funds

11 to provide services that, taken as a whole, are substantially

12 comparable in each school.

13 ‘‘(C) A local educational agency may meet the re14 quirements of subparagraphs (A) and (B) on a grade-span

15 by grade-span basis or a school-by-school basis.

16 ‘‘(2)(A) To meet the requirements of paragraph (1),

17 a local educational agency shall demonstrate that—

18 ‘‘(i) expenditures per pupil from State and local

19 funds in each school served under this part are equal

20 to or greater than the average expenditures per

21 pupil in schools not receiving services under this

22 part; or

23 ‘‘(ii) instructional salaries per pupil from State

24 and local funds in each school served under this part

25 are equal to or greater than the average instruc-
69

•S 1513 RS

1 tional salaries per pupil in schools not receiving serv2 ices.

3 ‘‘(B) A local educational agency need not include un4 predictable changes in student enrollment or personnel as5 signments that occur after the beginning of a school year

6 in determining comparability of services under this sub7 section.

8 ‘‘(3) Each local educational agency shall—

9 ‘‘(A) develop procedures for compliance with

10 this subsection; and

11 ‘‘(B) maintain records that are updated bienni12 ally documenting its compliance.

13 ‘‘(4) This subsection shall not apply to a local edu14 cational agency that does not have more than one building

15 for each grade span.

16 ‘‘(5) For the purpose of determining compliance with

17 paragraph (1), a local educational agency may exclude

18 State and local funds expended for—

19 ‘‘(A) bilingual education for children of limited

20 English proficiency; and

21 ‘‘(B) excess costs of providing services to chil22 dren with disabilities.
70

•S 1513 RS

1 ‘‘Subpart 2—Allocations

2 ‘‘GRANTS FOR THE OUTLYING AREAS AND THE

3 SECRETARY OF THE INTERIOR

4 ‘‘SEC. 1121. (a) RESERVATION OF FUNDS.—From

5 the amount appropriated for payments to States for any

6 fiscal year under section 1002(a), the Secretary shall re7 serve a total of up to 0.8 percent to provide assistance

8 to—

9 ‘‘(1) the outlying areas on the basis of their re10 spective need for such assistance according to such

11 criteria as the Secretary determines will best carry

12 out the purpose of this part; and

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

14 necessary to make payments pursuant to subsection

15 (b).

16 ‘‘(b) ALLOTMENT TO THE SECRETARY OF THE INTE17 RIOR.—(1) The amount allotted for payments to the Sec18 retary of the Interior under subsection (a)(2) for any fiscal

19 year shall be, as determined pursuant to criteria estab20 lished by the Secretary, the amount necessary to meet the

21 special educational needs of—

22 ‘‘(A) Indian children on reservations served by

23 elementary and secondary schools for Indian chil24 dren operated or supported by the Department of

25 the Interior; and
71

•S 1513 RS

1 ‘‘(B) out-of-State Indian children in elementary

2 and secondary schools in local educational agencies

3 under special contracts with the Department of the

4 Interior.

5 ‘‘(2) From the amount allotted for payments to the

6 Secretary of the Interior under subsection (a)(2), the Sec7 retary of the Interior shall make payments to local edu8 cational agencies, upon such terms as the Secretary of

9 Education determines will best carry out the purposes of

10 this part, with respect to out-of-State Indian children de11 scribed in paragraph (1). The amount of such payment

12 may not exceed, for each such child, the greater of—

13 ‘‘(A) 40 percent of the average per-pupil ex14 penditure in the State in which the agency is lo15 cated; or

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

17 United States.

18 ‘‘ALLOCATIONS TO STATES

19 ‘‘SEC. 1122. (a) GENERAL.—After reserving funds

20 under section 1121(a), the Secretary shall allocate the re21 maining funds appropriated under section 1002(a) to

22 States as follows:

23 ‘‘(1) 50 percent of such funds shall be allocated

24 for basic grants in accordance with section 1123.
72

•S 1513 RS

1 ‘‘(2) 50 percent of such funds shall be allocated

2 for concentration grants in accordance with section

3 1124.

4 ‘‘(b) ADJUSTMENTS WHERE NECESSITATED BY AP5 PROPRIATIONS.—(1) If the sums available under sub6 section (a) for any fiscal year are insufficient to pay the

7 full amounts that all counties in States are eligible to re8 ceive under sections 1123 and 1124 for such year, the Sec9 retary shall ratably reduce the allocations to such counties,

10 subject to subsections (c) and (d) of this section.

11 ‘‘(2) If additional funds become available for making

12 payments under sections 1123 and 1124 for such fiscal

13 year, allocations that were reduced under paragraph (1)

14 shall be increased on the same basis as they were reduced.

15 ‘‘(c) HOLD-HARMLESS AMOUNTS.—Notwithstanding

16 subsection (b), the total amount made available to each

17 county under sections 1123 and 1124 for any fiscal year

18 shall be at least 85 percent of the total amount such coun19 ty was allocated under such sections (or, for fiscal year

20 1995, their predecessor authorities) for the preceding fis21 cal year.

22 ‘‘(d) STATE MINIMUM.—Notwithstanding any other

23 provision of this part, from the total amount available for

24 any fiscal year to carry out sections 1123 and 1124, each

25 State shall be allotted at least the lesser of—
73

•S 1513 RS

1 ‘‘(1) one quarter of one percent of such

2 amount; or

3 ‘‘(2) the amount it was allotted under such sec4 tions (or, for fiscal year 1995, under their prede5 cessor authorities) for the previous year increased or

6 decreased, as the case may be, by the same percent7 age by which such total amount appropriated for

8 those sections increased or decreased from the pre9 vious year.

10 ‘‘(e) DEFINITION.—For the purpose of this section

11 and sections 1123 through 1125, the term ‘State’ means

12 each of the 50 States, the District of Columbia, and the

13 Commonwealth of Puerto Rico.

14 ‘‘BASIC GRANTS

15 ‘‘SEC. 1123. (a) ELIGIBILITY OF COUNTIES.—A

16 county in a State is eligible for a basic grant under this

17 section for any fiscal year only if the number of children

18 in the county counted under subsection (c)(1)(A) is at

19 least—

20 ‘‘(1) 100; or

21 ‘‘(2) 18 percent of the total number of children

22 aged five through 17 in the county.

23 ‘‘(b) GRANTS FOR COUNTIES, THE DISTRICT OF CO24 LUMBIA, AND PUERTO RICO.—(1) The amount of the

25 grant that a county in a State or that the District of Co-
74

•S 1513 RS

1 lumbia is eligible to receive under this section for any fis2 cal year shall be the product of—

3 ‘‘(A) the number of children counted under sub4 section (c); and

5 ‘‘(B) 40 percent of the average per-pupil ex6 penditure in the State, except that such percentage

7 shall not be less than 32 percent nor more than 48

8 percent of the average per-pupil expenditure in the

9 United States.

10 ‘‘(2) For each fiscal year, the amount of the grant

11 for which the Commonwealth of Puerto Rico is eligible

12 under this section shall be equal to—

13 ‘‘(A) the number of children counted under sub14 section (c) for Puerto Rico, multiplied by the prod15 uct of—

16 ‘‘(B)(i) the percentage that the average per17 pupil expenditure in Puerto Rico is of the lowest av18 erage per-pupil expenditure of any of the 50 States;

19 and

20 ‘‘(ii) 32 percent of the average per-pupil ex21 penditure in the United States.

22 ‘‘(c) CHILDREN TO BE COUNTED.—(1) CATEGORIES

23 OF CHILDREN.—The number of children to be counted for

24 purposes of this section shall be—
75

•S 1513 RS

1 ‘‘(A) the total number of children aged five

2 through 17 in a county—

3 ‘‘(i) from families below the poverty

4 level, as determined under paragraph

5 (2)(A);

6 ‘‘(ii) from families above the poverty

7 level, as determined under paragraph (2)

8 (B) and (C); and

9 ‘‘(iii) living in institutions for ne10 glected or delinquent children (other than

11 institutions operated by the United States

12 and those with children counted under part

13 D of this title) or being supported in foster

14 homes with public funds, as determined

15 under paragraph (2)(C); less

16 ‘‘(B) two percent of the total number of

17 children aged five through 17 in the county.

18 ‘‘(2) DETERMINATION OF NUMBER OF CHILDREN.—

19 (A)(i) The Secretary shall determine the number of chil20 dren described in paragraph (1)(A)(i) on the basis of the

21 most recent satisfactory data available from the Depart22 ment of Commerce for counties, the District of Columbia,

23 and Puerto Rico.
76

•S 1513 RS

1 ‘‘(ii) In making such determinations, the Secretary

2 shall use the criteria of poverty used by the Bureau of

3 the Census in compiling the most recent decennial census.

4 ‘‘(B)(i) The Secretary shall determine the number of

5 children described in paragraph (1)(A)(ii) on the basis of

6 the number of such children from families receiving an an7 nual income, in excess of the current criteria of poverty,

8 from payments under the program of aid to families with

9 dependent children under a State plan approved under

10 title IV of the Social Security Act.

11 ‘‘(ii) In making such determinations, the Secretary

12 shall use the criteria of poverty used by the Bureau of

13 the Census in compiling the most recent decennial census,

14 for a family of four, in such form as those criteria have

15 been updated to reflect increases in the Consumer Price

16 Index.

17 ‘‘(C) The Secretary shall determine the number of

18 children described in paragraph (1)(A) (ii) and (iii) on the

19 basis of—

20 ‘‘(i) caseload data for the month of October of

21 the preceding fiscal year, using, in the case of chil22 dren described in paragraph (1)(A)(ii), the criteria

23 of poverty and the form of such criteria that were

24 determined for the calendar year preceding such

25 month of October; or
77

•S 1513 RS

1 ‘‘(ii) to the extent that such data are not avail2 able to the Secretary by January 1 of the calendar

3 year in which the Secretary’s determination is made,

4 on the basis of the most recent reliable data avail5 able to the Secretary at the time of such determina6 tion.

7 ‘‘(D) For purposes of this subsection, the Secretary

8 shall consider all children who are in correctional institu9 tions to be living in institutions for delinquent children.

10 ‘‘(E) The Secretary of Health and Human Services

11 shall collect and transmit information on the number of

12 children described in paragraph (1)(A)(ii) and the number

13 of foster children described in paragraph (1)(A)(iii) to the

14 Secretary by January 1 of each year.

15 ‘‘(d) LOCAL EDUCATIONAL AGENCY ALLOCATIONS.—

16 (1) From funds remaining after the State educational

17 agency reserves any funds under section 1601(c), and ex18 cept as provided in section 1125(d), a State educational

19 agency shall allocate each county amount determined

20 under subsection (b) among all local educational agencies

21 in the county or counties in which the agencies are located

22 on the basis of—

23 ‘‘(A) the total number of children aged five

24 through 17 in the local educational agency—
78

•S 1513 RS

1 ‘‘(i) in local institutions for neglected or

2 delinquent children; and

3 ‘‘(ii) from low-income families, as deter4 mined under paragraph (2); less

5 ‘‘(B) two percent of the total number of chil6 dren aged five through 17 in the local educational

7 agency.

8 ‘‘(2) The State educational agency shall determine

9 the number of children from low-income families in local

10 educational agencies—

11 ‘‘(A) based on the best data available on a

12 Statewide basis; and

13 ‘‘(B) using the same measure of low income

14 throughout the State.

15 ‘‘(3) The State educational agency shall distribute

16 funds under this section to each local educational agency

17 in proportion to the number of children counted under

18 paragraph (1) in the local educational agency compared

19 to the number of such children in all local educational

20 agencies in the county.

21 ‘‘CONCENTRATION GRANTS

22 ‘‘SEC. 1124. (a) ELIGIBILITY OF COUNTIES.—Except

23 as otherwise provided in this section, a county in a State

24 is eligible for a grant under this section if—
79

•S 1513 RS

1 ‘‘(1) the number of children counted under sec2 tion 1123(c)(1)(A) in the county is more than 6,500;

3 or

4 ‘‘(2) the percentage of children counted under

5 such section is greater than 18 percent of the total

6 number of children aged five through 17 in the

7 county.

8 ‘‘(b) GRANTS FOR COUNTIES, THE DISTRICT OF CO9 LUMBIA, AND PUERTO RICO.—(1) The amount of the

10 grant that a county in a State or that the District of Co11 lumbia or Puerto Rico is eligible to receive under this sec12 tion for any fiscal year is the product of—

13 ‘‘(A) the number of children counted under sec14 tion 1123(c)(1)(A), minus two percent of the total

15 number of children aged five through 17 in the

16 county; and

17 ‘‘(B) the per-pupil amount determined under

18 section 1123(b) for the fiscal year for which the de19 termination is being made for that county.

20 ‘‘(c) LOCAL EDUCATIONAL AGENCY ALLOCATIONS.—

21 (1)(A) From funds remaining after the State educational

22 agency reserves any funds under section 1601(c), and ex23 cept as otherwise provided in this subsection and in sec24 tion 1125(d), funds allocated to counties under this sec25 tion shall be allocated by the State educational agency only
80

•S 1513 RS

1 to those local educational agencies whose school districts

2 lie, in whole or in part, within the county and that are

3 determined by the State educational agency to meet either

4 of the eligibility criteria in subsection (a).

5 ‘‘(B) Such determinations shall be made on the basis

6 of the same poverty data used by the State educational

7 agency under section 1123(d). If the State educational

8 agency does not use census poverty data to determine eli9 gibility, it must equate the poverty measure it uses to the

10 latest available census data in order that eligibility is not

11 affected by differences in sources of poverty data.

12 ‘‘(C) The State educational agency shall distribute

13 funds under this section to each local educational agency

14 that is eligible to receive those funds in proportion to the

15 number of children counted under section 1123(d) in each

16 local educational agency compared to the number of such

17 children in all local educational agencies that are eligible

18 for concentration grants in the county.

19 ‘‘(2)(A) In counties where no local educational agency

20 meets either of the criteria in subsection (a), the State

21 educational agency shall allocate such funds among the

22 local educational agencies within such counties, in whole

23 or in part, based on their respective concentrations and

24 numbers of children counted under section 1123(d).
81

•S 1513 RS

1 ‘‘(B) Only local educational agencies with concentra2 tions of poverty that exceed the countywide average per3 centage of children counted under section 1123(d) or the

4 countywide average number of such children may receive

5 any funds on the basis of this paragraph.

6 ‘‘(3) In States that receive the minimum grant under

7 section 1122(d), the State educational agency shall allo8 cate such funds among the local educational agencies in

9 such State either—

10 ‘‘(A) in accordance with paragraphs (1) and (2)

11 of this subsection and section 1125(d); or

12 ‘‘(B) without regard to the counties in which

13 such local educational agencies are located, based on

14 their respective concentrations and numbers of chil15 dren counted under section 1123(d), except that

16 only those local educational agencies with concentra17 tions of children counted under section 1123(d) that

18 exceed the Statewide average percentage of such

19 children or the Statewide average number of such

20 children shall receive any funds on the basis of this

21 subparagraph.

22 ‘‘(4) A State educational agency may reserve not

23 more than ten percent of its allocation under this section

24 to make direct payments to local educational agencies that
82

•S 1513 RS

1 meet either of the criteria in subsection (a), but are in

2 ineligible counties.

3 ‘‘SPECIAL ALLOCATION PROCEDURES

4 ‘‘SEC. 1125. (a) HOLD-HARMLESS AMOUNTS.—The

5 total amount made available to each local educational

6 agency under sections 1123 and 1124 for any fiscal year

7 shall be at least 85 percent of the total amount such agen8 cy received under such sections (or, for fiscal year 1995,

9 under their predecessor authorities) for the preceding fis10 cal year.

11 ‘‘(b) ALLOCATIONS FOR NEGLECTED OR DELIN12 QUENT CHILDREN.—(1) If a State educational agency de13 termines that a local educational agency in the State is

14 unable or unwilling to provide for the special educational

15 needs of children who are living in institutions for ne16 glected or delinquent children as described in section

17 1123(c)(1)(A)(ii), the State educational agency shall, if it

18 assumes responsibility for the special educational needs of

19 such children, receive the portion of such local educational

20 agency’s allocation under sections 1123 and 1124 that is

21 attributable to such children.

22 ‘‘(2) If the State educational agency does not assume

23 such responsibility, any other State or local public agency

24 that does assume such responsibility shall receive that por25 tion of the local educational agency’s allocation.
83

•S 1513 RS

1 ‘‘(c) ALLOCATIONS AMONG LOCAL EDUCATIONAL

2 AGENCIES.—The State educational agency may allocate

3 the amounts of grants under sections 1123 and 1124 be4 tween and among the affected local educational agencies

5 when—

6 ‘‘(1) two or more local educational agencies

7 serve, in whole or in part, the same geographical

8 area; or

9 ‘‘(2) a local educational agency provides free

10 public education for children who reside in the

11 school district of another local educational agency.

12 ‘‘(d) ALLOCATIONS WITHOUT REGARD TO COUN13 TIES.—A State educational agency may allocate funds

14 under sections 1123 and 1124 directly to eligible local

15 educational agencies without regard to counties if the

16 State educational agency can demonstrate to the Sec17 retary’s satisfaction that doing so will result in a reason18 able allocation of those funds.

19 ‘‘(e) REALLOCATION.—If a State educational agency

20 determines that the amount of a grant a local educational

21 agency would receive under sections 1123 and 1124 is

22 more than such local agency will use, the State educational

23 agency shall make the excess amount available to other

24 local educational agencies in the State that need additional
84

•S 1513 RS

1 funds in accordance with criteria established by the State

2 educational agency.

3 ‘‘CARRYOVER AND WAIVER

4 ‘‘SEC. 1126. (a) LIMITATION ON CARRYOVER.—Not5 withstanding section 412 of the General Education Provi6 sions Act or any other provision of law, not more than

7 15 percent of the funds allocated to a local educational

8 agency for any fiscal year under this subpart (but not in9 cluding funds received through any reallocation under this

10 subpart) may remain available for obligation by such agen11 cy for one additional fiscal year.

12 ‘‘(b) WAIVER.—A State educational agency may,

13 once every three years, waive the percentage limitation in

14 subsection (a) if—

15 ‘‘(1) the agency determines that the request of

16 a local educational agency is reasonable and nec17 essary; or

18 ‘‘(2) supplemental appropriations for this sub19 part become available.

20 ‘‘(c) EXCLUSION.—The percentage limitation under

21 subsection (a) shall not apply to any local educational

22 agency that receives less than $50,000 under this subpart

23 for any fiscal year.
85

•S 1513 RS

1 ‘‘PART B—EVEN START FAMILY LITERACY PROGRAMS

2 ‘‘STATEMENT OF PURPOSE

3 ‘‘SEC. 1201. It is the purpose of this part to help

4 break the cycle of poverty and illiteracy by improving the

5 educational opportunities of the Nation’s low-income fami6 lies by integrating early childhood education, adult literacy

7 or adult basic education, and parenting education into a

8 unified family literacy program, to be referred to as ‘Even

9 Start’, that is implemented through cooperative projects

10 that build on existing community resources to create a new

11 range of services, that promotes achievement of the Na12 tional Education Goals, and that assists children and

13 adults from low-income families to achieve to challenging

14 State standards.

15 ‘‘PROGRAM AUTHORIZED

16 ‘‘SEC. 1202. (a) RESERVATION FOR MIGRANT PRO17 GRAMS, OUTLYING AREAS, AND INDIAN TRIBES.—In each

18 fiscal year, the Secretary shall reserve not more than 5

19 percent of the amount appropriated under section 1002(b)

20 of this title for programs, under such terms and conditions

21 as the Secretary shall establish, that are consistent with

22 the purpose of this part, and according to their relative

23 needs, for—

24 ‘‘(1) children of migratory workers;

25 ‘‘(2) the outlying areas; and

26 ‘‘(3) Indian tribes and tribal organizations.
86

•S 1513 RS

1 ‘‘(b) RESERVATION FOR FEDERAL ACTIVITIES.—

2 From amounts appropriated under section 1002(b), the

3 Secretary may reserve not more than 3 percent of such

4 amounts or the amount reserved for such purposes in the

5 fiscal year 1994, whichever is greater, for purposes of—

6 ‘‘(1) carrying out the evaluation required by

7 section 1209; and

8 ‘‘(2) providing, through grants or contracts,

9 technical assistance, program improvement, and rep10 lication activities.

11 ‘‘(c) STATE ALLOCATION.—(1) After reserving funds

12 under subsections (a) and (b), the Secretary shall allocate

13 the remaining funds appropriated for this part to States,

14 to be used in accordance with section 1203.

15 ‘‘(2) Except as provided in paragraph (3), from the

16 total amount available for allocation to States in any fiscal

17 year, each State shall be eligible to receive a grant under

18 paragraph (1) in an amount that bears the same ratio to

19 such total amount as the amount allocated to that State

20 under section 1122 of this title bears to the total amount

21 allocated under that section to all the States.

22 ‘‘(3) No State shall receive less than $250,000 under

23 paragraph (1) for any fiscal year.

24 ‘‘(d) DEFINITIONS.—For the purpose of this part—
87

•S 1513 RS

1 ‘‘(1) the term ‘eligible entity’ means a partner2 ship composed of both—

3 ‘‘(A) a local educational agency; and

4 ‘‘(B) a nonprofit community-based organi5 zation, public agency, institution of higher edu6 cation, or other public or private nonprofit or7 ganization of demonstrated quality;

8 ‘‘(2) the terms ‘Indian tribe’ and ‘tribal organi9 zation’ have the meanings given such terms in sec10 tion 4 of the Indian Self-Determination and Edu11 cation Assistance Act; and

12 ‘‘(3) the term ‘State’ includes each of the 50

13 States, the District of Columbia, and the Common14 wealth of Puerto Rico.

15 ‘‘STATE PROGRAMS

16 ‘‘SEC. 1203. (a) STATE-LEVEL ACTIVITIES.—Each

17 State that receives a grant under section 1202(c)(1) may

18 use not more than 5 percent of assistance provided under

19 the grant for the costs of—

20 ‘‘(1) administration; and

21 ‘‘(2) providing, through one or more subgrants

22 or contracts, technical assistance for program im23 provement and replication to eligible entities that re24 ceive subgrants under subsection (b).

25 ‘‘(b) SUBGRANTS FOR LOCAL PROGRAMS.—(1) Each

26 State shall use the remainder of its grant to make
88

•S 1513 RS

1 subgrants to eligible entities to carry out Even Start pro2 grams.

3 ‘‘(2) No State shall award a subgrant under para4 graph (1) for an amount less than $75,000.

5 ‘‘USES OF FUNDS

6 ‘‘SEC. 1204. (a) IN GENERAL.—In carrying out an

7 Even Start program under this part, a recipient of funds

8 under this part shall use such funds to pay the Federal

9 share of the cost of providing family-centered education

10 programs that involve parents and children in a coopera11 tive effort to help parents become full partners in the edu12 cation of their children and to assist children in reaching

13 their full potential as learners.

14 ‘‘(b) FEDERAL SHARE LIMITATION.—(1)(A) Except

15 as provided in paragraph (2), the Federal share under this

16 part may not exceed—

17 ‘‘(i) 90 percent of the total cost of the program

18 in the first year that that program receives assist19 ance under this part or its predecessor authority;

20 ‘‘(ii) 80 percent in the second such year;

21 ‘‘(iii) 70 percent in the third such year;

22 ‘‘(iv) 60 percent in the fourth such year; and

23 ‘‘(v) 50 percent in any subsequent such year.

24 ‘‘(B) The remaining cost of a program under this

25 part may be provided in cash or in kind, fairly evaluated,
89

•S 1513 RS

1 and may be obtained from any source other than funds

2 received under this title.

3 ‘‘(2) The State educational agency may waive, in

4 whole or in part, the cost-sharing requirement of para5 graph (1) if an eligible entity—

6 ‘‘(A) demonstrates that it otherwise would not

7 be able to participate in the program under this

8 part; and

9 ‘‘(B) negotiates an agreement with the State

10 educational agency with respect to the amount of the

11 remaining cost to which the waiver would be applica12 ble.

13 ‘‘(3) Federal funds under this part may not be used

14 for the indirect costs of an Even Start program, except

15 that the Secretary may waive this limitation if a recipient

16 of funds reserved under section 1202(a)(3) demonstrates

17 to the Secretary’s satisfaction that it otherwise would not

18 be able to participate in the program under this part.

19 ‘‘PROGRAM ELEMENTS

20 ‘‘SEC. 1205. Each Even Start program assisted

21 under this part shall—

22 ‘‘(1) include the identification and recruitment

23 of those families most in need of services provided

24 under this part, as indicated by a low level of in25 come, a low level of adult literacy or English lan-
90

•S 1513 RS

1 guage proficiency of the eligible parent or parents,

2 and other need-related indicators;

3 ‘‘(2) include screening and preparation of par4 ents and children to enable them to participate fully

5 in the activities and services provided under this

6 part, including testing, referral to necessary counsel7 ling, other developmental and support services, and

8 related services;

9 ‘‘(3) be designed to accommodate the partici10 pants’ work and other responsibilities, including the

11 provision of support services, when unavailable from

12 other sources, necessary for their participation, such

13 as—

14 ‘‘(A) scheduling and location of services to

15 allow joint participation by parents and chil16 dren;

17 ‘‘(B) child care for the period that parents

18 are involved in the program provided under this

19 part; and

20 ‘‘(C) transportation for the purpose of ena21 bling parents and their children to participate

22 in programs authorized by this part;

23 ‘‘(4) include high-quality instructional programs

24 that promote adult literacy, training of parents to

25 support the educational growth of their children, de-
91

•S 1513 RS

1 velopmentally appropriate early childhood edu2 cational services, and preparation of children for

3 success in regular school programs;

4 ‘‘(5) include special training of staff, including

5 child care staff, to develop the skills necessary to

6 work with parents and young children in the full

7 range of instructional services offered through this

8 part;

9 ‘‘(6) provide and monitor integrated instruc10 tional services to participating parents and children

11 through home-based programs;

12 ‘‘(7) operate on a year-round basis, including

13 the provision of some program services, either in14 structional or enrichment, or both, during the sum15 mer months;

16 ‘‘(8) be coordinated with—

17 ‘‘(A) programs assisted under other parts

18 of this title and this Act;

19 ‘‘(B) any relevant programs under the

20 Adult Education Act, the Individuals with Dis21 abilities Education Act, and the Job Training

22 Partnership Act; and

23 ‘‘(C) the Head Start program, volunteer

24 literacy programs, and other relevant programs;

25 and
92

•S 1513 RS

1 ‘‘(9) provide for an independent evaluation of

2 the program.

3 ‘‘ELIGIBLE PARTICIPANTS

4 ‘‘SEC. 1206. (a) IN GENERAL.—Except as provided

5 in subsection (b), eligible participants in an Even Start

6 program are—

7 ‘‘(1) a parent or parents—

8 ‘‘(A) who are eligible for participation in

9 an adult basic education program under the

10 Adult Education Act; or

11 ‘‘(B) who are within the State’s compul12 sory school attendance age range, so long as a

13 local educational agency provides (or ensures

14 the availability of) the basic education compo15 nent required under this part; and

16 ‘‘(2) the child or children, from birth through

17 age seven, of any individual described in paragraph

18 (1).

19 ‘‘(b) ELIGIBILITY FOR CERTAIN OTHER PARTICI20 PANTS.—(1) Family members other than those described

21 in subsection (a) may participate in program activities and

22 services, when deemed by the program to serve the pur23 pose of this part.

24 ‘‘(2) Any family participating in a program under

25 this part that becomes ineligible for such participation as

26 a result of one or more members of the family becoming
93

•S 1513 RS

1 ineligible for such participation may continue to partici2 pate in the program until all members of the family be3 come ineligible for participation, which—

4 ‘‘(A) in the case of a family in which ineligibil5 ity was due to the child or children of such family

6 attaining the age of eight, shall be in two years or

7 when the parent or parents become ineligible due to

8 educational advancement, whichever occurs first; and

9 ‘‘(B) in the case of a family in which ineligibil10 ity was due to the educational advancement of the

11 parent or parents of such family, shall be when all

12 children in the family attain the age of eight.

13 ‘‘APPLICATIONS

14 ‘‘SEC. 1207. (a) SUBMISSION.—To be eligible to re15 ceive a subgrant under this part, an eligible entity shall

16 submit an application to the State educational agency in

17 such form and containing or accompanied by such infor18 mation as the State educational agency shall require.

19 ‘‘(b) REQUIRED DOCUMENTATION.—Each applica20 tion shall include documentation, satisfactory to the State

21 educational agency, that the eligible entity has the quali22 fied personnel needed—

23 ‘‘(1) to develop, administer, and implement an

24 Even Start program under this part; and

25 ‘‘(2) to provide the special training necessary to

26 prepare staff for the program.
94

•S 1513 RS

1 ‘‘(c) PLAN.—Such application shall also include a

2 plan of operation for the program that is consistent with,

3 and promotes the goals of, the State and local plans, either

4 approved or being developed, under title III of the Goals

5 2000: Educate America Act or, if those plans are not ap6 proved or being developed, with the State and local plans

7 under sections 1111 and 1112 of this Act; and includes—

8 ‘‘(1) a description of the program goals;

9 ‘‘(2) a description of the activities and services

10 that will be provided under the program, including

11 a description of how the program will incorporate

12 the program elements required by section 1205;

13 ‘‘(3) a description of the population to be

14 served and an estimate of the number of partici15 pants;

16 ‘‘(4) as appropriate, a description of the appli17 cant’s collaborative efforts with institutions of higher

18 education, community-based organizations, the State

19 educational agency, private elementary schools, or

20 other appropriate nonprofit organizations in carrying

21 out the program for which assistance is sought; and

22 ‘‘(5) a statement of the methods that will be

23 used—
95

•S 1513 RS

1 ‘‘(A) to ensure that the programs will serve

2 those families most in need of the activities and

3 services provided by this part;

4 ‘‘(B) to provide services under this part to

5 individuals with special needs, such as individ6 uals with limited English proficiency and indi7 viduals with disabilities; and

8 ‘‘(C) to encourage participants to remain

9 in the program for a time sufficient to meet the

10 program’s purpose.

11 ‘‘AWARD OF SUBGRANTS

12 ‘‘SEC. 1208. (a) SELECTION PROCESS.—(1) The

13 State educational agency shall establish a review panel

14 that will approve applications that—

15 ‘‘(A) are most likely to be successful in meeting

16 the purpose of this part, and in effectively imple17 menting the program elements required under sec18 tion 1205;

19 ‘‘(B) demonstrate that the area to be served by

20 such program has a high percentage or a large num21 ber of children and families who are in need of such

22 services as indicated by high levels of poverty, illit23 eracy, unemployment, limited English proficiency, or

24 other need-related indicators, including a high per25 centage of children to be served by the program who
96

•S 1513 RS

1 reside in a school attendance area designated for

2 participation in programs under part A of this title;

3 ‘‘(C) provide services for at least a three-year

4 age range;

5 ‘‘(D) demonstrate the greatest possible coopera6 tion and coordination between a variety of relevant

7 service providers in all phases of the program;

8 ‘‘(E) include cost-effective budgets, given the

9 scope of the application;

10 ‘‘(F) demonstrate the applicant’s ability to pro11 vide the additional funding required by section

12 1204(b);

13 ‘‘(G) are representative of urban and rural re14 gions of the State; and

15 ‘‘(H) show the greatest promise for providing

16 models that may be adopted by other local edu17 cational agencies.

18 ‘‘(2) The State educational agency shall give priority

19 for subgrants under this subsection to proposals that ei20 ther—

21 ‘‘(A) target services primarily to families whose

22 children reside in attendance areas of schools eligible

23 for schoolwide programs under part A of this title;

24 or
97

•S 1513 RS

1 ‘‘(B) are located in areas designated as

2 empowerment zones or enterprise communities.

3 ‘‘(b) REVIEW PANEL.—A review panel shall consist

4 of at least three members, including one early childhood

5 professional, one adult education professional, and one of

6 the following individuals:

7 ‘‘(1) A representative of a parent-child edu8 cation organization.

9 ‘‘(2) A representative of a community-based lit10 eracy organization.

11 ‘‘(3) A member of a local board of education.

12 ‘‘(4) A representative of business and industry

13 with a commitment to education.

14 ‘‘(5) An individual who has been involved in the

15 implementation of programs under this title in the

16 State.

17 ‘‘(c) DURATION.—(1) Subgrants may be awarded for

18 a period not to exceed four years.

19 ‘‘(2) The State educational agency may provide a

20 subgrantee, at the subgrantee’s request, a 3- to 6-month

21 start-up period during the first year of the four-year pe22 riod, which may include staff recruitment and training,

23 and the coordination of services, before requiring full im24 plementation of the program.
98

•S 1513 RS

1 ‘‘(3)(A) In reviewing any application for a subgrant

2 to continue a program for the second, third, or fourth

3 year, the State educational agency shall review the

4 progress being made toward meeting the objectives of the

5 program after the conclusion of the start-up period, if any.

6 ‘‘(B) The State educational agency may refuse to

7 award a subgrant if such agency finds that sufficient

8 progress has not been made toward meeting such objec9 tives, but only after affording the applicant notice and an

10 opportunity for a hearing.

11 ‘‘(4)(A) An eligible entity that has previously received

12 a subgrant under this part may reapply under the terms

13 of this part for a second project period.

14 ‘‘(B) During the second project period, the Federal

15 share of the subgrant shall not exceed 50 percent in any

16 year.

17 ‘‘EVALUATION

18 ‘‘SEC. 1209. From funds reserved under section

19 1202(b)(1), the Secretary shall provide for an independent

20 evaluation of programs under this part—

21 ‘‘(1) to determine the performance and effec22 tiveness of programs; and

23 ‘‘(2) to identify effective Even Start projects

24 that can be replicated and used in providing tech25 nical assistance to national, State, and local pro26 grams.
99

•S 1513 RS

1 ‘‘PART C—EDUCATION OF MIGRATORY CHILDREN

2 ‘‘PROGRAM PURPOSE

3 ‘‘SEC. 1301. It is the purpose of this part to assist

4 States to—

5 ‘‘(1) support high-quality and comprehensive

6 educational programs for migratory children to help

7 reduce the educational disruptions and other prob8 lems that result from repeated moves;

9 ‘‘(2) ensure that migratory children are pro10 vided with appropriate educational services (includ11 ing supportive services) that address their special

12 needs in a coordinated and efficient manner;

13 ‘‘(3) ensure that migratory children have the

14 opportunity to achieve to meet the same challenging

15 State performance standards that all children are

16 expected to meet;

17 ‘‘(4) design programs to help migratory chil18 dren overcome educational disruption, cultural and

19 language barriers, social isolation, various health20 related problems, and other factors that inhibit their

21 ability to do well in school, and to prepare these chil22 dren to make a successful transition to postsecond23 ary education or employment; and

24 ‘‘(5) ensure that migratory children benefit

25 from State and local systemic reforms.
100

•S 1513 RS

1 ‘‘PROGRAM AUTHORIZED

2 ‘‘SEC. 1302. In order to carry out the purpose of this

3 part, the Secretary shall make grants to State educational

4 agencies, or combinations of such agencies, to establish or

5 improve, directly or through local operating agencies, pro6 grams of education for migratory children in accordance

7 with this part.

8 ‘‘STATE ALLOCATIONS

9 ‘‘SEC. 1303. (a) STATE ALLOCATIONS.—Each State

10 (other than the Commonwealth of Puerto Rico) is eligible

11 to receive under this part, for each fiscal year, an amount

12 equal to—

13 ‘‘(1) the sum of the estimated number of migra14 tory children aged three through 21 who reside in

15 the State full time and the full-time equivalent of

16 the estimated number of migratory children aged

17 three through 21 who reside in the State part time,

18 as determined in accordance with subsection (e);

19 multiplied by

20 ‘‘(2) 40 percent of the average per-pupil ex21 penditure in the State, except that the amount de22 termined under this paragraph shall not be less than

23 32 percent, or more than 48 percent, of the average

24 per-pupil expenditure in the United States.
101

•S 1513 RS

1 ‘‘(b) ALLOCATION TO PUERTO RICO.—For each fiscal

2 year, the amount for which the Commonwealth of Puerto

3 Rico is eligible under this section shall be equal to—

4 ‘‘(1) the number of migratory children in Puer5 to Rico, determined under subsection (a)(1); multi6 plied by

7 ‘‘(2) the product of—

8 ‘‘(A) the percentage that the average per9 pupil expenditure in Puerto Rico is of the low10 est average per-pupil expenditure of any of the

11 50 States; and

12 ‘‘(B) 32 percent of the average per-pupil

13 expenditure in the United States.

14 ‘‘(c) RATABLE REDUCTIONS; REALLOCATIONS.—

15 (1)(A) If, after the Secretary reserves funds under section

16 1308(c), the amount appropriated to carry out this part

17 for any fiscal year is insufficient to pay in full the amounts

18 for which all States are eligible, the Secretary shall ratably

19 reduce each such amount.

20 ‘‘(B) If additional funds become available for making

21 such payments for any fiscal year, the Secretary shall allo22 cate such funds to States in amounts that the Secretary

23 finds would best carry out the purpose of this part.

24 ‘‘(2)(A) The Secretary shall further reduce the

25 amount of any grant to a State under this part for any
102

•S 1513 RS

1 fiscal year if the Secretary determines, based on available

2 information on the numbers and needs of migratory chil3 dren in the State and the program proposed by the State

4 to address those needs, that such amount is not needed

5 by the State.

6 ‘‘(B) The Secretary shall reallocate such excess funds

7 to other States whose grants under this part would other8 wise be insufficient to provide an appropriate level of serv9 ices to migratory children, in such amounts as the Sec10 retary determines are appropriate.

11 ‘‘(d) CONSORTIUM ARRANGEMENTS.—(1) In the case

12 of any State that receives a grant of $500,000 or less

13 under this section, the Secretary shall consult with the

14 State educational agency to determine whether consortium

15 arrangements with another State or other appropriate en16 tity would result in delivery of services in a more effective

17 and efficient manner.

18 ‘‘(2) Any State, irrespective of the amount of its allo19 cation, may propose a consortium arrangement.

20 ‘‘(3) The Secretary shall approve a consortium ar21 rangement under paragraph (1) or (2) if the proposal

22 demonstrates that the arrangement will—

23 ‘‘(A) reduce administrative costs or program

24 function costs for State programs; and
103

•S 1513 RS

1 ‘‘(B) make more funds available for direct serv2 ices to add substantially to the welfare or edu3 cational attainment of children to be served under

4 this part.

5 ‘‘(e) DETERMINING NUMBERS OF ELIGIBLE CHIL6 DREN.—In order to determine the estimated number of

7 migratory children residing in each State for purposes of

8 this section, the Secretary shall—

9 ‘‘(1) use such information as the Secretary

10 finds most accurately reflects the actual number of

11 migratory children; and

12 ‘‘(2) adjust the full-time equivalent number of

13 migratory children who reside in each State to take

14 account of—

15 ‘‘(A) the special needs of those children

16 participating in special programs provided

17 under this part that operate during the summer

18 or other intersession periods; and

19 ‘‘(B) the additional costs of operating such

20 programs.

21 ‘‘STATE APPLICATIONS; SERVICES

22 ‘‘SEC. 1304. (a) APPLICATION REQUIRED.—Any

23 State wishing to receive a grant under this part for any

24 fiscal year shall submit an application to the Secretary at

25 such time and in such manner as the Secretary may re26 quire.
104

•S 1513 RS

1 ‘‘(b) PROGRAM INFORMATION.—Each such applica2 tion shall include—

3 ‘‘(1) a description of how, in planning, imple4 menting, and evaluating programs and projects

5 under this part, the State and its operating agencies

6 will ensure that the special educational needs of mi7 gratory children are identified and addressed

8 through a comprehensive plan for needs assessment

9 and service delivery that meets the requirements of

10 section 1306;

11 ‘‘(2) a description of the steps the State is tak12 ing to provide all migratory students with the oppor13 tunity to meet the same challenging State perform14 ance standards that all children are expected to

15 meet;

16 ‘‘(3) a description of how the State will use its

17 funds to promote interstate and intrastate coordina18 tion of services for migratory children, including

19 how, consistent with procedures the Secretary may

20 require, it will provide for educational continuity

21 through the timely transfer of pertinent school

22 records, including information on health, when chil23 dren move from one school to another, whether or

24 not during the regular school year;
105

•S 1513 RS

1 ‘‘(4) a description of the State’s priorities for

2 the use of funds received under this part, and how

3 they relate to the State’s assessment of needs for

4 services in the State;

5 ‘‘(5) a description of how the State will deter6 mine the amount of any subgrants it will award to

7 local operating agencies and the amount of funds

8 that these agencies will provide to individual schools,

9 taking into account the requirements of paragraph

10 (1); and

11 ‘‘(6) such budgetary and other information as

12 the Secretary may require.

13 ‘‘(c) ASSURANCES.—Each such application shall also

14 include assurances, satisfactory to the Secretary, that—

15 ‘‘(1) funds received under this part will be used

16 only—

17 ‘‘(A) for programs and projects, including

18 the acquisition of equipment, in accordance

19 with section 1306(b)(1); and

20 ‘‘(B) to coordinate such programs and

21 projects with similar programs and projects

22 within the State and in other States, as well as

23 with other Federal programs that can benefit

24 migratory children and their families;
106

•S 1513 RS

1 ‘‘(2) such programs and projects will be carried

2 out in a manner consistent with the objectives of

3 sections 1114, 1115(b) and (d), 1117, and 1119(b)

4 and (c), and part F of this title;

5 ‘‘(3) in the planning and operation of programs

6 and projects at both the State and local operating

7 agency level, there is appropriate consultation with

8 parent advisory councils for programs lasting a

9 school year, and that all such programs and projects

10 are carried out, to the extent feasible, in a manner

11 consistent with section 1116 of this title;

12 ‘‘(4) in planning and carrying out such pro13 grams and projects, there has been, and will be, ade14 quate provision for addressing the unmet education

15 needs of preschool migratory children;

16 ‘‘(5) the effectiveness of such programs and

17 projects will be determined, where feasible, using the

18 same approaches and standards that will be used to

19 assess the performance of students, schools, and

20 local educational agencies under part A of this title;

21 and

22 ‘‘(6) the State will assist the Secretary in deter23 mining the number of migratory children under sec24 tion 1303(e), through such procedures as the Sec25 retary may require.
107

•S 1513 RS

1 ‘‘(d) PRIORITY FOR SERVICES.—In providing services

2 with funds received under this part, each recipient of those

3 funds shall give priority to migratory children who are fail4 ing, or most at risk of failing, to meet the State’s challeng5 ing performance standards, and whose education has been

6 interrupted during the regular school year.

7 ‘‘(e) CONTINUATION OF SERVICES.—Notwithstand8 ing any other provision of this part—

9 ‘‘(1) a child who ceases to be a migratory child

10 during a school term shall be eligible for services

11 until the end of such term; and

12 ‘‘(2) a child who is no longer a migratory child

13 may continue to receive services for one additional

14 school year, but only if comparable services are not

15 available through other programs.

16 ‘‘SECRETARIAL APPROVAL; PEER REVIEW

17 ‘‘SEC. 1305. (a) SECRETARIAL APPROVAL.—The Sec18 retary shall approve each State application that meets the

19 requirements of this part.

20 ‘‘(b) PEER REVIEW.—The Secretary may review any

21 such application with the assistance and advice of State

22 officials and other individuals with relevant expertise.

23 ‘‘COMPREHENSIVE NEEDS ASSESSMENT AND SERVICE24 DELIVERY PLAN; AUTHORIZED ACTIVITIES

25 ‘‘SEC. 1306. (a) COMPREHENSIVE PLAN.—Each

26 State that receives a grant under this part shall ensure
108

•S 1513 RS

1 that the State and its local operating agencies identify and

2 address the special educational needs of migratory chil3 dren in accordance with a comprehensive State plan

4 that—

5 ‘‘(1)(A) is integrated with the State’s plan, ei6 ther approved or being developed, under title III of

7 the Goals 2000: Educate America Act, and satisfies

8 the requirements of this subsection that are not al9 ready addressed by that State plan; or

10 ‘‘(B) if the State does not have an approved

11 plan under title III of the Goals 2000: Educate

12 America Act and is not developing such a plan, is

13 integrated with other State plans under this Act and

14 satisfies the requirements of this subsection;

15 ‘‘(2) provides that migratory children will have

16 an opportunity to meet the same challenging State

17 performance standards, set out in those plans, that

18 all children are expected to meet;

19 ‘‘(3) specifies measurable program goals and

20 outcomes;

21 ‘‘(4) encompasses the full range of services that

22 are available for migratory children from appropriate

23 local, State and Federal educational programs;

24 ‘‘(5) is the product of joint planning among

25 such local, State, and Federal programs, including
109

•S 1513 RS

1 those under part A of this title, early childhood pro2 grams, and bilingual education programs under title

3 VII of this Act;

4 ‘‘(6) provides for the integration of services

5 available under this part with services provided by

6 such other programs; and

7 ‘‘(7) to the extent feasible, provides for—

8 ‘‘(A) advocacy and outreach activities for

9 migratory children and their families, including

10 informing them of, or helping them gain access

11 to, other education, health, nutrition, and social

12 services;

13 ‘‘(B) professional development programs,

14 including mentoring, for teachers and other

15 program personnel;

16 ‘‘(C) family literacy programs, including

17 those that use models developed under the Even

18 Start program;

19 ‘‘(D) the integration of information tech20 nology into educational and related programs;

21 and

22 ‘‘(E) programs to facilitate the transition

23 of high school students to postsecondary edu24 cation or employment.
110

•S 1513 RS

1 ‘‘(b) AUTHORIZED ACTIVITIES.—(1) In implementing

2 the comprehensive plan described in subsection (a), each

3 local operating agency shall have the flexibility to deter4 mine the activities to be provided with funds made avail5 able under this part, provided that—

6 ‘‘(A) before funds provided under this part are

7 used to provide services described in subparagraph

8 (B), those funds shall be used to meet the identified

9 needs of migratory children that—

10 ‘‘(i) result from the effects of their migra11 tory lifestyle, or are needed to permit migratory

12 children to participate effectively in school;

13 ‘‘(ii) are not addressed by services provided

14 under other programs, including part A of this

15 title; and

16 ‘‘(B) all migratory children who are eligible to

17 receive services under part A of this title shall re18 ceive such services with funds provided under this

19 part or under part A of this title.

20 ‘‘(2) This subsection shall not apply to funds under

21 this part that are used for schoolwide programs under sec22 tion 1114 of this title.

23 ‘‘BYPASS

24 ‘‘SEC. 1307. The Secretary may use all or part of

25 any State’s allocation under this part to make arrange26 ments with any public or nonprofit agency to carry out
111

•S 1513 RS

1 the purpose of this part in such State if the Secretary

2 determines that—

3 ‘‘(1) the State is unable or unwilling to conduct

4 educational programs for migratory children;

5 ‘‘(2) such arrangements would result in more

6 efficient and economic administration of such pro7 grams; or

8 ‘‘(3) such arrangements would add substantially

9 to the welfare or educational attainment of such

10 children.

11 ‘‘COORDINATION OF MIGRANT EDUCATION ACTIVITIES

12 ‘‘SEC. 1308. (a) IMPROVEMENT OF COORDINA13 TION.—The Secretary, in consultation with the States,

14 may make grants to, or enter into contracts with, State

15 educational agencies, local educational agencies, institu16 tions of higher education, and other public and private en17 tities to improve the interstate and intrastate coordination

18 among State and local educational agencies of their edu19 cational programs, including the establishment or im20 provement of programs for credit accrual and exchange,

21 available to migratory students.

22 ‘‘(b) REPORT.—Not later than October 1, 1995, the

23 Secretary shall submit a report to the Congress regarding

24 the effectiveness of methods used by States to transfer mi25 gratory students’ educational and health records.
112

•S 1513 RS

1 ‘‘(c) AVAILABILITY OF FUNDS.—For the purpose of

2 carrying out this section, the Secretary shall reserve up

3 to 5 percent of the amount appropriated for each fiscal

4 year to carry out this part.

5 ‘‘DEFINITIONS

6 ‘‘SEC. 1309. As used in this part, the following terms

7 have the following meanings:

8 ‘‘(1) The term ‘local operating agency’ means—

9 ‘‘(A) a local educational agency to which a

10 State educational agency makes a subgrant

11 under this part;

12 ‘‘(B) a public or nonprofit private agency

13 with which a State educational agency or the

14 Secretary makes an arrangement to carry out a

15 project under this part; or

16 ‘‘(C) a State educational agency, if the

17 State educational agency operates the State’s

18 migrant education program or projects directly.

19 ‘‘(2) The term ‘migratory child’ means a child

20 who is, or whose parent or spouse is, a migratory

21 agricultural worker (including a migratory dairy

22 worker) or a migratory fisher, and who, in the pre23 ceding 24 months, in order to obtain, or accompany

24 such parent or spouse in order to obtain, temporary

25 or seasonal employment in agricultural or fishing

26 work—
113

•S 1513 RS

1 ‘‘(A) has moved from one school district to

2 another; or

3 ‘‘(B) in a State that is comprised of a sin4 gle school district, has moved from one adminis5 trative area to another within such district.

6 ‘‘PART D—EDUCATION FOR NEGLECTED AND

7 DELINQUENT YOUTH

8 ‘‘PURPOSE; PROGRAM AUTHORIZED

9 ‘‘SEC. 1401. (a) PURPOSE.—It is the purpose of this

10 part to—

11 ‘‘(1) improve educational services to children in

12 institutions for neglected or delinquent children so

13 that they have the opportunity to meet the same

14 challenging State performance standards that all

15 children in the State will be expected to meet; and

16 ‘‘(2) provide those children the services they

17 need to make a successful transition from institu18 tionalization to further schooling or employment.

19 ‘‘(b) PROGRAM AUTHORIZED.—In order to carry out

20 the purpose of this part, the Secretary shall make grants

21 to State educational agencies, which shall make subgrants

22 to State agencies to establish or improve programs of edu23 cation for neglected or delinquent children, in accordance

24 with this part.
114

•S 1513 RS

1 ‘‘ELIGIBILITY

2 ‘‘SEC. 1402. A State agency is eligible for assistance

3 under this part if it is responsible for providing free public

4 education for children—

5 ‘‘(1) in institutions for neglected or delinquent

6 children;

7 ‘‘(2) attending community-day programs for ne8 glected or delinquent children; or

9 ‘‘(3) in adult correctional institutions.

10 ‘‘ALLOCATION OF FUNDS

11 ‘‘SEC. 1403. (a) SUBGRANTS TO STATE AGENCIES.—

12 Each State agency described in section 1402 (other than

13 an agency in the Commonwealth of Puerto Rico) is eligible

14 to receive under this part, for each fiscal year, an amount

15 equal to the product of—

16 ‘‘(1) the number of neglected or delinquent chil17 dren in institutions or attending programs described

18 in section 1402, who are enrolled for at least 20

19 hours per week in education programs operated or

20 supported by such agency, which shall—

21 ‘‘(A) be determined by such agency as of

22 a date or dates set by the Secretary; and

23 ‘‘(B) be adjusted, as the Secretary deter24 mines is appropriate, to reflect the relative

25 length of such agency’s annual programs; and
115

•S 1513 RS

1 ‘‘(2) 40 percent of the average per-pupil ex2 penditure in the State, except that the amount de3 termined under this paragraph shall not be less than

4 32 percent, or more than 48 percent, of the average

5 per-pupil expenditure in the United States.

6 ‘‘(b) SUBGRANTS TO STATE AGENCIES IN PUERTO

7 RICO.—For each fiscal year, the amount of the grant for

8 which a State agency in the Commonwealth of Puerto Rico

9 is eligible under this part shall be equal to—

10 ‘‘(1) the number of children counted under sub11 section (a)(1) for Puerto Rico; multiplied by the

12 product of—

13 ‘‘(2)(A) the percentage that the average per14 pupil expenditure in Puerto Rico is of the lowest av15 erage per-pupil expenditure of any of the 50 States;

16 and

17 ‘‘(B) 32 percent of the average per-pupil ex18 penditure in the United States.

19 ‘‘(c) RATABLE REDUCTIONS IN CASE OF INSUFFI20 CIENT APPROPRIATIONS.—If the amount appropriated for

21 any fiscal year for subgrants under subsections (a) and

22 (b) is insufficient to pay the full amount for which all

23 agencies are eligible under such subsections, the Secretary

24 shall ratably reduce each such amount.
116

•S 1513 RS

1 ‘‘(d) PAYMENTS TO STATE EDUCATIONAL AGEN2 CIES.—(1) The Secretary shall pay to each State edu3 cational agency the total amount needed to make

4 subgrants to State agencies in that State, as determined

5 under this section.

6 ‘‘(2) Each State educational agency may retain a por7 tion of such total amount for State administration of, in

8 accordance with section 1601(c) of this title.

9 ‘‘STATE REALLOCATION OF FUNDS

10 ‘‘SEC. 1404. If a State educational agency determines

11 that a State agency does not need the full amount of the

12 subgrant for which it is eligible under this part for any

13 fiscal year, the State educational agency may reallocate

14 the amount that will not be needed to other State agencies

15 that need additional funds to carry out the purpose of this

16 part, in such amounts as the State educational agency

17 shall determine.

18 ‘‘STATE PLAN AND STATE AGENCY APPLICATIONS

19 ‘‘SEC. 1405. (a) STATE PLAN.—(1)(A) Each State

20 educational agency that desires to receive payments under

21 this part shall submit, for approval by the Secretary, a

22 plan for meeting the needs of neglected and delinquent

23 children, which shall be revised and updated as needed,

24 that—

25 ‘‘(i) is integrated with the State’s plan, either

26 approved or being developed, under title III of the
117

•S 1513 RS

1 Goals 2000: Educate America Act, and satisfies the

2 requirements of this section that are not already ad3 dressed by that State plan; or

4 ‘‘(ii) if the State does not have an approved

5 plan under title III of the Goals 2000: Educate

6 America Act and is not developing such a plan, is

7 integrated with other State plans under this Act and

8 satisfies the requirements of this section.

9 ‘‘(B) A State plan submitted under paragraph

10 (1)(A)(i) may, if necessary, be submitted as an amend11 ment to the State’s plan under title III of the Goals 2000:

12 Educate America Act.

13 ‘‘(2) Each such plan shall also—

14 ‘‘(A) describe the State-established program

15 goals, objectives, and performance measures that will

16 be used to assess the effectiveness of the program in

17 improving academic and vocational skills of children

18 in the program;

19 ‘‘(B) provide that, to the extent feasible, such

20 children will have the same opportunities to learn as

21 they would have if they were in the schools of local

22 educational agencies in the State; and

23 ‘‘(C) contain assurances that the State edu24 cational agency will—
118

•S 1513 RS

1 ‘‘(i) ensure that programs assisted under

2 this part will be carried out in accordance with

3 the State plan described in this subsection;

4 ‘‘(ii) carry out the evaluation requirements

5 of section 1409 of this part;

6 ‘‘(iii) ensure that its State agencies comply

7 with all applicable statutory and regulatory re8 quirements; and

9 ‘‘(iv) provide such other information as the

10 Secretary may reasonably require.

11 ‘‘(b) SECRETARIAL APPROVAL; PEER REVIEW.—(1)

12 The Secretary shall approve each State plan that meets

13 the requirements of this part.

14 ‘‘(2) The Secretary may review any such plan with

15 the assistance and advice of individuals with relevant ex16 pertise.

17 ‘‘(c) STATE AGENCY APPLICATIONS.—Any State

18 agency that desires to receive funds to carry out a pro19 gram under this part shall submit an application to the

20 State educational agency that—

21 ‘‘(1) describes the procedures to be used, con22 sistent with the State plan under part A of this title,

23 to assess the educational needs of the children to be

24 served;
119

•S 1513 RS

1 ‘‘(2) describes the program, including a budget

2 for the first year of the program, with annual up3 dates to be provided;

4 ‘‘(3) describes how the program will meet the

5 goals and objectives of the State plan under this

6 part;

7 ‘‘(4) describes how the State agency will consult

8 with experts and provide the necessary training for

9 appropriate staff, to ensure that the planning and

10 operation of institution-wide projects under section

11 1407 are of high quality;

12 ‘‘(5) describes how the agency will carry out the

13 evaluation requirements of section 1409 and how the

14 results of the most recent evaluation were used to

15 plan and improve the program;

16 ‘‘(6) includes data showing that the agency has

17 maintained fiscal effort as if it were a local edu18 cational agency, in accordance with section 9501 of

19 this title;

20 ‘‘(7) describes how the programs will be coordi21 nated with other State and Federal programs ad22 ministered by the State agency;

23 ‘‘(8) describes how appropriate professional de24 velopment will be provided to teachers and other in25 structional and administrative personnel; and
120

•S 1513 RS

1 ‘‘(9) designates an individual in each affected

2 institution to be responsible for issues relating to the

3 transition of children from the institution to locally

4 operated programs.

5 ‘‘USE OF FUNDS

6 ‘‘SEC. 1406. (a) GENERAL.—(1) A State agency shall

7 use funds received under this part only for programs and

8 projects that—

9 ‘‘(A) are consistent with the State plan referred

10 to in section 1405(a); and

11 ‘‘(B) concentrate on providing participants with

12 the knowledge and skills needed to make a success13 ful transition to further education or employment.

14 ‘‘(2) Such programs and projects—

15 ‘‘(A) may include the acquisition of equipment;

16 ‘‘(B) shall be designed to support educational

17 services that—

18 ‘‘(i) except for institution-wide projects

19 under section 1407, are provided to children

20 identified by the State agency as failing, or

21 most at risk of failing, to meet the State’s chal22 lenging performance standards;

23 ‘‘(ii) supplement and improve the quality

24 of the educational services provided to such

25 children by the State agency; and
121

•S 1513 RS

1 ‘‘(iii) afford those children an opportunity

2 to learn to those challenging State standards;

3 ‘‘(C) shall be carried out in a manner consistent

4 with section 1119(b) and part F of this title; and

5 ‘‘(D) may include the costs of meeting the eval6 uation requirements of section 1409.

7 ‘‘(b) SUPPLEMENT, NOT SUPPLANT.—A program

8 under this part that supplements the number of hours of

9 instruction students receive from State and local sources

10 shall be considered to comply with the ‘supplement, not

11 supplant’ requirement of section 1119(b) of this title with12 out regard to the subject areas in which instruction is

13 given during those hours.

14 ‘‘INSTITUTION-WIDE PROJECTS

15 ‘‘SEC. 1407. (a) PROJECTS AUTHORIZED.—A State

16 agency that provides free public education for children in

17 an institution for neglected or delinquent children (other

18 than an adult correctional institution) or attending a com19 munity-day program for such children may use funds re20 ceived under this part to serve all children in, and upgrade

21 the entire educational effort of, that institution or pro22 gram if the State agency has developed, and the State edu23 cational agency has approved, a comprehensive plan for

24 that institution or program that—
122

•S 1513 RS

1 ‘‘(1) provides for a comprehensive assessment

2 of the educational needs of all individuals under the

3 age of 21 in the institution or program;

4 ‘‘(2) describes the steps the State agency has

5 taken, or will take, to provide all children under 21

6 with the opportunity to meet challenging academic

7 and vocational standards in order to improve the

8 likelihood that they will complete high school and

9 find employment after leaving the institution;

10 ‘‘(3) describes the instructional program, pupil

11 services, and procedures that will be used to meet

12 the needs described in paragraph (1), including, to

13 the extent feasible, the provision of mentors for sec14 ondary school students;

15 ‘‘(4) specifically describes how such funds will

16 be used;

17 ‘‘(5) describes the measures and procedures

18 that will be used to assess student progress;

19 ‘‘(6) describes how the agency has planned, and

20 will implement and evaluate, the institution-wide or

21 program-wide project in consultation with personnel

22 providing direct instructional services and support

23 services in institutions or community-day programs

24 for neglected or delinquent children and personnel

25 from the State educational agency; and
123

•S 1513 RS

1 ‘‘(7) includes an assurance that the State agen2 cy has provided for appropriate training to teachers

3 and other instructional and administrative personnel

4 to enable them to carry out the project effectively.

5 ‘‘(b) PROJECTS REQUIRED.—Beginning with school

6 year 1996–1997, a State agency described in subsection

7 (a) shall use funds received under this part only for insti8 tution-wide projects described in that subsection, except

9 as described in section 1410.

10 ‘‘THREE-YEAR PROJECTS

11 ‘‘SEC. 1408. If a State agency operates a program

12 under this part in which individual children are likely to

13 participate for more than one year, the State educational

14 agency may approve the State agency’s application for a

15 subgrant under this part for a period of up to three years.

16 ‘‘PROGRAM EVALUATIONS

17 ‘‘SEC. 1409. (a) SCOPE OF EVALUATION.—Each

18 State agency that conducts a program under this part

19 shall evaluate the program at least once every three years

20 to determine its impact on the ability of participants to—

21 ‘‘(1) maintain and improve educational achieve22 ment;

23 ‘‘(2) accrue school credits that meet State re24 quirements for grade promotion and high school

25 graduation;
124

•S 1513 RS

1 ‘‘(3) make the transition to a regular program

2 or other education program operated by a local edu3 cational agency; and

4 ‘‘(4) complete high school and obtain employ5 ment after they leave the institution.

6 ‘‘(b) EVALUATION MEASURES.—In conducting each

7 such evaluation with respect to subsection (a)(1), a State

8 agency shall use multiple and appropriate measures of stu9 dent progress.

10 ‘‘(c) EVALUATION RESULTS.—Each State agency

11 shall—

12 ‘‘(1) submit those results to the State edu13 cational agency; and

14 ‘‘(2) use the results of evaluations under this

15 section to plan and improve subsequent programs

16 for participating children.

17 ‘‘TRANSITION SERVICES

18 ‘‘SEC. 1410. (a) TRANSITION SERVICES.—Each

19 State agency may reserve up to 10 percent of the amount

20 it receives under this part for any fiscal year to support

21 projects that facilitate the transition of children from

22 State-operated institutions for neglected and delinquent

23 children into locally operated programs.

24 ‘‘(b) CONDUCT OF PROJECTS.—A project supported

25 under this section may be conducted directly by the State

26 agency, or through a contract or other arrangement with
125

•S 1513 RS

1 one or more local educational agencies, other public agen2 cies, or private nonprofit organizations.

3 ‘‘(c) LIMITATION.—Any funds reserved under sub4 section (a) shall be used only to provide special educational

5 services, which may include counseling and mentoring, to

6 neglected and delinquent children in schools other than

7 State-operated institutions.

8 ‘‘DEFINITIONS

9 ‘‘SEC. 1411. For the purpose of this part, the follow10 ing terms have the following meanings:

11 ‘‘(1) The term ‘adult correctional institution’

12 means a facility in which persons are confined as a

13 result of a conviction for a criminal offense, includ14 ing persons under 21 years of age.

15 ‘‘(2) The term ‘community-day program’ means

16 a regular program of instruction provided by a State

17 agency at a community-day school operated specifi18 cally for neglected or delinquent children.

19 ‘‘(3) The term ‘institution for delinquent chil20 dren’ means a public or private residential facility

21 for the care of children who have been adjudicated

22 to be delinquent or in need of supervision.

23 ‘‘(4) The term ‘institution for neglected chil24 dren’ means a public or private residential facility,

25 other than a foster home, that is operated for the

26 care of children who have been committed to the in-
126

•S 1513 RS

1 stitution or voluntarily placed in the institution

2 under applicable State law, due to abandonment, ne3 glect, or death of their parents or guardians.

4 ‘‘PART E—FEDERAL EVALUATIONS AND

5 DEMONSTRATIONS

6 ‘‘EVALUATIONS

7 ‘‘SEC. 1501. (a) NATIONAL ASSESSMENT.—(1) The

8 Secretary shall conduct a national assessment of programs

9 under this title, in coordination with the ongoing Chapter

10 1 Longitudinal Study under subsection (c) of this section,

11 that shall be planned, reviewed, and conducted in con12 sultation with an independent panel of researchers, State

13 practitioners, local practitioners, and other appropriate in14 dividuals.

15 ‘‘(2) The assessment shall examine how well schools,

16 local educational agencies, and States—

17 ‘‘(A) are progressing toward the goal of all chil18 dren served under this title reaching the State’s con19 tent and performance standards; and

20 ‘‘(B) accomplishing the specific purposes set

21 out in section 1001(d) of this title to achieve this

22 goal, including—

23 ‘‘(i) ensuring high standards for all chil24 dren and aligning the efforts of States, local
127

•S 1513 RS

1 educational agencies, and schools to help chil2 dren reach them;

3 ‘‘(ii) providing children an enriched and

4 accelerated educational program through

5 schoolwide programs or through additional serv6 ices that increase the amount and quality of in7 structional time that children receive;

8 ‘‘(iii) promoting schoolwide reform and ac9 cess of all children to effective instructional

10 strategies and challenging academic content;

11 ‘‘(iv) significantly upgrading the quality of

12 the curriculum and instruction by providing

13 staff in participating schools with substantial

14 opportunities for professional development;

15 ‘‘(v) coordinating services under all parts

16 of this title with each other, with other edu17 cational services, including preschool services,

18 and, to the extent feasible, with health and so19 cial service programs funded from other

20 sources;

21 ‘‘(vi) affording parents meaningful oppor22 tunities to participate in the education of their

23 children at home and at school;

24 ‘‘(vii) distributing resources to areas where

25 needs are greatest;
128

•S 1513 RS

1 ‘‘(viii) improving accountability, as well as

2 teaching and learning, by making assessments

3 under this title congruent with State assess4 ment systems; and

5 ‘‘(ix) providing greater decisionmaking au6 thority and flexibility to schools in exchange for

7 greater responsibility for student performance.

8 ‘‘(3) Where feasible, the Secretary shall use informa9 tion gathered by the National Assessment of Educational

10 Progress in carrying out this subsection.

11 ‘‘(4) The Secretary shall submit an interim report

12 summarizing the preliminary findings of the assessment

13 to the President and the appropriate committees of the

14 Congress by December 31, 1997 and a final report by De15 cember 31, 2002.

16 ‘‘(b) STUDIES AND DATA COLLECTION.—(1) The

17 Secretary may collect such data, as necessary, at the

18 State, local, and school levels and conduct studies and

19 evaluations, including national studies and evaluations, to

20 assess on an ongoing basis the effectiveness of programs

21 under this title and to report on such effectiveness on a

22 periodic basis.

23 ‘‘(2) At a minimum, the Secretary shall collect trend

24 information on the effect of programs under this title.
129

•S 1513 RS

1 These data shall complement the data collected and re2 ported under subsections (a) and (c).

3 ‘‘(c) NATIONAL LONGITUDINAL STUDY.—The Sec4 retary shall continue to conduct the longitudinal study of

5 the educational achievement and progress of children

6 served under this title, as authorized under section 1462

7 of this Act as in effect prior to its amendment by the Im8 proving America’s Schools Act of 1993. The Secretary

9 shall report, not later than January 1, 1997, the findings

10 of the study and recommendations for future data collec11 tions and reports to the President and the appropriate

12 committees of the Congress.

13 ‘‘(d) DESIGN STUDY ON ESTIMATING STATE CHILD

14 POVERTY COUNTS.—The Secretary shall conduct a study

15 to determine whether a feasible method exists for produc16 ing reliable estimates, between decennial census counts, of

17 the number of school-aged children living in poverty by

18 State in each of the 50 States, the District of Columbia,

19 and Puerto Rico, and use such a method, if one exists,

20 to provide Congress with such estimates.

21 ‘‘DEMONSTRATIONS OF INNOVATIVE PRACTICES

22 ‘‘SEC. 1502. (a) DEMONSTRATION PROGRAMS TO

23 IMPROVE ACHIEVEMENT.—(1) From the funds appro24 priated for any fiscal year under section 1002(g)(2), the

25 Secretary may make grants to State educational agencies,

26 local educational agencies, other public agencies, non-prof-
130

•S 1513 RS

1 it organizations, and consortia of those bodies to carry out

2 demonstration projects that show the most promise of ena3 bling children served under this title to meet challenging

4 State standards. Such projects shall include promising

5 strategies such as—

6 ‘‘(A) accelerated curricula, the application of

7 new technologies to improve teaching and learning,

8 extended learning time, and a safe and enriched full9 day environment for children to provide them the op10 portunity to reach high standards;

11 ‘‘(B) integration of education services with each

12 other and with health, family, and other social serv13 ices, particularly in empowerment zones and enter14 prise communities;

15 ‘‘(C) effective approaches to whole school re16 form; and

17 ‘‘(D) programs that have been especially effec18 tive with limited English proficient children, migra19 tory children and other highly mobile students, chil20 dren leaving institutions for neglected or delinquent

21 children and returning to school, and homeless chil22 dren and youth.

23 ‘‘(2) The Secretary shall evaluate the demonstration

24 projects supported under this title, using rigorous meth25 odological designs and techniques, including control
131

•S 1513 RS

1 groups and random assignment, to the extent feasible, to

2 produce reliable evidence of effectiveness.

3 ‘‘(b) PARTNERSHIPS.—From funds appropriated

4 under section 1002(g)(2) for any fiscal year, the Secretary

5 may, directly or through grants or contracts, work in part6 nership with State educational agencies, local educational

7 agencies, other public agencies, and nonprofit organiza8 tions to disseminate and use the highest quality research

9 and knowledge about effective practices to improve the

10 quality of teaching and learning in schools supported

11 under this title.

12 ‘‘PART F—GENERAL PROVISIONS

13 ‘‘STATE ADMINISTRATION

14 ‘‘SEC. 1601. (a) RULEMAKING.—(1) Each State that

15 receives funds under this title shall—

16 ‘‘(A) ensure that any State rules, regulations,

17 and policies relating to this title conform to the pur18 poses of this title;

19 ‘‘(B) minimize such rules, regulations, and poli20 cies to which their local educational agencies and

21 schools are subject; and

22 ‘‘(C) identify any such rule, regulation, or pol23 icy as a State-imposed requirement.

24 ‘‘(2) State rules, regulations, and policies under this

25 title shall support and facilitate local educational agency
132

•S 1513 RS

1 and school-level systemic reform designed to enable all

2 children to meet the State’s standards.

3 ‘‘(b) COMMITTEE OF PRACTITIONERS.—(1) Each

4 State educational agency shall create a State committee

5 of practitioners to advise the State in carrying out its re6 sponsibilities under this title.

7 ‘‘(2) Each such committee shall include—

8 ‘‘(A) as a majority of its members, representa9 tives from local educational agencies;

10 ‘‘(B) administrators;

11 ‘‘(C) teachers;

12 ‘‘(D) parents;

13 ‘‘(E) members of local boards of education; and

14 ‘‘(F) representatives of private school children.

15 ‘‘(c) PAYMENT FOR STATE ADMINISTRATION.—Each

16 State may reserve for the proper and efficient performance

17 of its duties under this title the greater of—

18 ‘‘(1) 1 percent of the funds received under sec19 tion 1002(a) and (c) through (f); or

20 ‘‘(2) $325,000, or $50,000 in the case of

21 Guam, American Samoa, the Virgin Islands, the

22 Northern Mariana Islands, and Palau (until the

23 Compact of Free Association takes effect).
133

•S 1513 RS

1 ‘‘TITLE II—IMPROVING TEACHING AND

2 LEARNING

3 ‘‘PART A—DWIGHT D. EISENHOWER PROFESSIONAL

4 DEVELOPMENT PROGRAM

5 ‘‘FINDINGS

6 ‘‘SEC. 2101. The Congress finds that—

7 ‘‘(1) reaching National Education Goal Three

8 (all students will demonstrate mastery of challenging

9 subject matter in the core academic subjects) and

10 National Education Goal Four (U.S. students will

11 become first in the world in mathematics and science

12 achievement) requires a comprehensive educational

13 reform strategy that involves parents, schools, gov14 ernment, communities, and other public and private

15 organizations at all levels;

16 ‘‘(2) a crucial component of the strategy for

17 achieving these two goals is ensuring, through sus18 tained and intensive high-quality professional devel19 opment, that all teachers can provide challenging

20 learning experiences in the core academic subjects

21 for their students;

22 ‘‘(3) the potential positive impact of high-qual23 ity professional development is underscored by re24 cent research findings that—
134

•S 1513 RS

1 ‘‘(A) professional development must be fo2 cused on teaching and learning in order to

3 change the opportunities of all students to

4 achieve higher standards;

5 ‘‘(B) effective professional development fo6 cuses on discipline-based knowledge and effec7 tive subject-specific pedagogical skills, involves

8 teams of teachers and administrators in a

9 school and, through professional networks of

10 teachers and administrators, is interactive and

11 collaborative, motivates by its intrinsic content

12 and relationship to practice, builds on experi13 ence and learning-by-doing, and becomes incor14 porated into the everyday life of the school; and

15 ‘‘(C) professional development can dra16 matically improve classroom instruction and

17 learning when teachers and administrators are

18 partners in its development and implementa19 tion;

20 ‘‘(4) special attention must be given in profes21 sional development activities to ensure that edu22 cation professionals are knowledgeable of, and make

23 use of, strategies for serving populations that his24 torically have lacked access to equal opportunities

25 for advanced learning and career advancement;
135

•S 1513 RS

1 ‘‘(5) professional development is often a victim

2 of budget reductions in fiscally difficult times;

3 ‘‘(6) there are few incentives or sanctions oper4 ating to encourage teachers and administrators to

5 work to prepare themselves to be more effective or

6 to participate in challenging and effective profes7 sional development activities; and

8 ‘‘(7) the Federal Government has a vital role in

9 helping to make sustained and intensive high-quality

10 professional development in the core academic sub11 jects become an integral part of the elementary and

12 secondary education system.

13 ‘‘PURPOSES

14 ‘‘SEC. 2102. The purposes of this part are to help

15 ensure that teachers, other staff, and administrators have

16 access to high-quality professional development that is

17 aligned to challenging State content and performance

18 standards and to support the development and implemen19 tation of sustained and intensive high-quality professional

20 development activities in the core academic subjects. This

21 program is designed to help ensure that teachers have ac22 cess to professional development that—

23 ‘‘(1) is tied to challenging State student content

24 and performance standards;

25 ‘‘(2) reflects recent research on teaching and

26 learning;
136

•S 1513 RS

1 ‘‘(3) includes strong academic content and ped2 agogical components;

3 ‘‘(4) is of sufficient intensity and duration to

4 have a positive and lasting impact on the teacher’s

5 performance in the classroom; and

6 ‘‘(5) is part of the everyday life of the school

7 and creates an orientation toward continuous im8 provement throughout the school.

9 ‘‘AUTHORIZATION OF APPROPRIATIONS; ALLOCATION

10 BETWEEN SUBPARTS

11 ‘‘SEC. 2103. (a) AUTHORIZATION OF APPROPRIA12 TIONS.—For the purpose of carrying out this part, there

13 are authorized to be appropriated such sums as may be

14 necessary for each of the fiscal years 1995 through 1999.

15 ‘‘(b) ALLOCATION BETWEEN SUBPARTS.—Of the

16 funds appropriated to carry out this part for any fiscal

17 year, the Secretary shall use—

18 ‘‘(1) 6 percent to carry out subpart 1; and

19 ‘‘(2) 94 percent to carry out subpart 2.

20 ‘‘Subpart 1—Federal Activities

21 ‘‘PROGRAM AUTHORIZED

22 ‘‘SEC. 2111. (a) The Secretary is authorized to make

23 grants to, and enter into contracts and cooperative agree24 ments with, local educational agencies, State educational

25 agencies, State agencies for higher education, institutions
137

•S 1513 RS

1 of higher education, and other public and private agencies,

2 organizations, and institutions to—

3 ‘‘(1) support activities of national significance

4 that will contribute to the development and imple5 mentation of high-quality professional development

6 activities in the core academic subject areas; and

7 ‘‘(2) evaluate activities carried out under this

8 subpart and under subpart 2.

9 ‘‘(b) In carrying out this program, the Secretary shall

10 consult and coordinate with the National Science Founda11 tion, the National Endowment for the Humanities, the

12 National Endowment for the Arts, and other appropriate

13 Federal agencies and entities.

14 ‘‘AUTHORIZED ACTIVITIES

15 ‘‘SEC. 2112. The Secretary shall use funds available

16 to carry out this subpart for activities that help meet the

17 purposes of this part, such as—

18 ‘‘(1) providing seed money to eligible entities to

19 develop their capacity to offer sustained and inten20 sive high-quality professional development;

21 ‘‘(2) professional development institutes that

22 provide teams of teachers, or teachers and adminis23 trators, from individual schools, with professional

24 development that contains strong and integrated dis25 ciplinary and pedagogical components;
138

•S 1513 RS

1 ‘‘(3) encouraging the development of local and

2 national professional networks that provide a forum

3 for interaction among teachers of the core academic

4 subjects and that allow the exchange of information

5 on advances in content and pedagogy;

6 ‘‘(4) supporting the National Board for Profes7 sional Teaching Standards;

8 ‘‘(5) the development and dissemination of

9 teaching standards in the core academic subjects;

10 ‘‘(6) the development of exemplary methods of

11 assessing teachers, other staff, and administrators

12 for licensure and certification;

13 ‘‘(7) activities that promote the transferability

14 of licensure and certification of teachers and admin15 istrators among State and local jurisdictions;

16 ‘‘(8) the development and testing of incentive

17 strategies for motivating teachers and administra18 tors to help increase their effectiveness through pro19 fessional development focused on teaching and learn20 ing and giving all students the opportunity to learn

21 to challenging State standards;

22 ‘‘(9) the dissemination of information about vol23 untary national content and performance standards

24 and related models of high-quality professional de25 velopment;
139

•S 1513 RS

1 ‘‘(10) the development and maintenance of a

2 national clearinghouse for science, mathematics, and

3 technology education materials and of such other

4 clearinghouses for core academic subjects as the Sec5 retary determines are needed;

6 ‘‘(11) joint activities with other Federal agen7 cies and entities engaged in or supporting similar

8 professional development efforts;

9 ‘‘(12) support for consortia of education agen10 cies and organizations to disseminate information

11 and provide assistance regarding teaching methods

12 and assessment tools that support national or State

13 content standards in mathematics and science; and

14 ‘‘(13) the evaluation of programs under this

15 subpart and under subpart 2.

16 ‘‘Subpart 2—State and Local Activities

17 ‘‘PROGRAM AUTHORIZED

18 ‘‘SEC. 2121. The Secretary is authorized to make

19 grants to State educational agencies for the support of

20 sustained and intensive high-quality professional develop21 ment activities in the core academic subjects at the State

22 and local levels.

23 ‘‘ALLOCATION OF FUNDS

24 ‘‘SEC. 2122. (a) RESERVATION OF FUNDS.—From

25 the amount made available to carry out this subpart for

26 any fiscal year, the Secretary shall—
140

•S 1513 RS

1 ‘‘(1) reserve one half of 1 percent for the outly2 ing areas, to be distributed among them on the basis

3 of their relative need, as determined by the Sec4 retary in light of the purposes of this part; and

5 ‘‘(2) reserve one quarter of 1 percent for the

6 Secretary of the Interior for programs under this

7 subpart for professional development activities for

8 teachers, other staff, and administrators in schools

9 operated or funded by the Bureau of Indian Affairs.

10 ‘‘(b) STATE ALLOTMENTS.—The Secretary shall allo11 cate the remaining amount to each of the 50 States, the

12 District of Columbia, and the Commonwealth of Puerto

13 Rico as follows, except that no State shall receive less than

14 one-half of 1 percent of such remaining amount:

15 ‘‘(1) 50 percent shall be allocated among such

16 jurisdictions on the basis of their relative popu17 lations of individuals aged 5 through 17, as deter18 mined by the Secretary on the basis of the most re19 cent satisfactory data.

20 ‘‘(2) 50 percent shall be allocated among such

21 jurisdictions in accordance with the relative amounts

22 such jurisdictions received under part A of title I of

23 this Act for the preceding fiscal year.

24 ‘‘(c) REALLOCATION.—If any jurisdiction does not

25 apply for its allotment under subsection (b) for any fiscal
141

•S 1513 RS

1 year, the Secretary shall reallocate such amount to the re2 maining jurisdictions in accordance with that subsection.

3 ‘‘WITHIN-STATE ALLOCATIONS

4 ‘‘SEC. 2123. Of the amounts received by any State

5 under this subpart for any fiscal year—

6 ‘‘(1) not more than 6 percent shall be used for

7 the administrative costs of programs carried out by

8 the State educational agency and the State agency

9 for higher education;

10 ‘‘(2) not more than 7.5 percent may be used for

11 State-level activities, as described in section 2126;

12 and

13 ‘‘(3) of the remaining amount—

14 ‘‘(A) 85 percent shall be distributed to

15 local educational agencies, to be used in accord16 ance with section 2129, as follows:

17 ‘‘(i) 50 percent of such amount shall

18 be distributed in accordance with the rel19 ative population of individuals aged 5–17

20 in each such agency.

21 ‘‘(ii) 50 percent of such amount shall

22 be distributed in accordance with the rel23 ative amount such agencies received under

24 part A of title I of this Act for the preced25 ing fiscal year; and
142

•S 1513 RS

1 ‘‘(B) 15 percent shall be used for competi2 tive grants to institutions of higher education

3 as described in section 2130.

4 ‘‘PRIORITY FOR PROFESSIONAL DEVELOPMENT IN

5 MATHEMATICS AND SCIENCE

6 ‘‘SEC. 2124. (a) APPROPRIATION OF LESS THAN

7 $250 MILLION.—In any fiscal year for which the amount

8 appropriated for this part is $250,000,000 or less, each

9 State shall ensure that all funds distributed in accordance

10 with section 2123(3) are used for professional develop11 ment in mathematics and science.

12 ‘‘(b) APPROPRIATION BETWEEN $250 MILLION AND

13 $500 MILLION.—In any fiscal year for which the amount

14 appropriated for this part is at least $250,000,000, but

15 not more than $500,000,000, each State shall ensure that

16 the amount of funds distributed in accordance with section

17 2123(3) that is used for professional development in

18 mathematics and science is not less than the amount that

19 bears the same ratio to the total amount of funds so dis20 tributed as the sum of $250,000,000 plus 25 percent of

21 the amount of the total appropriation for this part in ex22 cess of $250,000,000 bears to the total amount appro23 priated for this part.

24 ‘‘STATE APPLICATIONS

25 ‘‘SEC. 2125. (a) APPLICATIONS REQUIRED.—Each

26 State educational agency that wishes to receive its allot-
143

•S 1513 RS

1 ment under this subpart for any fiscal year shall submit

2 an application to the Secretary at such time and in such

3 form as the Secretary may require.

4 ‘‘(b) PROFESSIONAL DEVELOPMENT PLAN.—(1)

5 Each application under this section shall include a State

6 plan for professional development that—

7 ‘‘(A) is integrated with the State’s plan, either

8 approved or being developed, under title III of the

9 Goals 2000: Educate America Act, and satisfies the

10 requirements of this section that are not already ad11 dressed by that State plan; or

12 ‘‘(B) if the State does not have an approved

13 plan under title III of the Goals 2000: Educate

14 America Act and is not developing such a plan, is

15 integrated with other State plans under this Act and

16 satisfies the requirements of this section.

17 ‘‘(2) A State plan submitted under paragraph (1)(A)

18 may, if necessary, be submitted as an amendment to the

19 State’s plan under title III of the Goals 2000: Educate

20 America Act.

21 ‘‘(3) Each such plan shall also—

22 ‘‘(A) be developed in conjunction with the State

23 agency for higher education, institutions of higher

24 education, schools of education, and with the exten-
144

•S 1513 RS

1 sive participation of local teachers and administra2 tors and show the role of each in implementation;

3 ‘‘(B) be designed to give teachers and adminis4 trators in the State the knowledge and skills to pro5 vide all students the opportunity to meet challenging

6 State performance standards;

7 ‘‘(C) include an assessment of State and local

8 needs for professional development specifically

9 related to subparagraph (B);

10 ‘‘(D) describe a strategy for addressing the

11 need for teacher development beginning with recruit12 ment, pre-service, and induction, and continuing

13 throughout the professional teaching career;

14 ‘‘(E) describe specific steps for the reform of

15 State requirements for licensure of teachers and ad16 ministrators, including certification and

17 recertification, to align them with challenging State

18 content and performance standards;

19 ‘‘(F) describe how the State will work with

20 teachers, administrators, local educational agencies,

21 schools, and institutions of higher education to en22 sure that they develop the capacity to support sus23 tained and intensive, high-quality professional devel24 opment programs in the core academic subject areas;
145

•S 1513 RS

1 ‘‘(G) describe how the State will use technology,

2 including the emerging national information infra3 structure, to enhance the professional development

4 of teachers and administrators;

5 ‘‘(H) describe how the State will ensure a

6 strong focus on professional development in mathe7 matics and science;

8 ‘‘(I) describe how the State will provide incen9 tives to teachers and administrators to focus their

10 professional development on preparing themselves to

11 provide instruction consistent with challenging State

12 content and performance standards; and

13 ‘‘(J) set specific outcome performance indica14 tors for professional development.

15 ‘‘(c) ADDITIONAL MATERIAL.—Each State applica16 tion shall also include—

17 ‘‘(1) a description of how the activities funded

18 under this subpart will be coordinated, as appro19 priate, with—

20 ‘‘(A) other activities conducted with Fed21 eral funds, especially those supported under

22 part A of title I of this Act;

23 ‘‘(B) State and local funds;

24 ‘‘(C) resources from business and industry;

25 and
146

•S 1513 RS

1 ‘‘(D) funds from other Federal agencies,

2 such as the National Science Foundation, the

3 Departments of Commerce, Energy, and Health

4 and Human Services, the National Endowment

5 for the Arts, and the National Endowment for

6 the Humanities; and

7 ‘‘(2) a description of the activities to be spon8 sored under the State-level activities and the higher

9 education components of its program under this sub10 part.

11 ‘‘(d) PEER REVIEW AND SECRETARIAL APPROVAL.—

12 (1) The Secretary shall approve the application of a State

13 educational agency if it meets the requirements of this sec14 tion and holds reasonable promise of achieving the pur15 poses of this part.

16 ‘‘(2) In reviewing applications, the Secretary shall ob17 tain the advice of non-Federal experts on education in the

18 core academic subjects and on teacher education, includ19 ing teachers and administrators.

20 ‘‘STATE-LEVEL ACTIVITIES

21 ‘‘SEC. 2126. Each State may use funds reserved

22 under section 2123(2) to carry out activities referred to

23 in section 2125(b), such as—

24 ‘‘(1) reviewing and reforming State require25 ments for teacher and administrator licensure, in26 cluding certification and recertification, to align
147

•S 1513 RS

1 these requirements with the State’s content stand2 ards and ensure that teachers and administrators

3 have the knowledge and skills to help students meet

4 challenging State performance standards;

5 ‘‘(2) developing performance assessments and

6 peer review procedures, as well as other methods, for

7 licensing teachers and administrators;

8 ‘‘(3) providing technical assistance to schools

9 and local educational agencies to help them provide

10 effective professional development in the core aca11 demic subjects;

12 ‘‘(4) developing or supporting professional de13 velopment networks, either within a State or in a re14 gional consortium of States, that provide a forum

15 for interaction among teachers and that allow ex16 change of information on advances in content and

17 pedagogy;

18 ‘‘(5) professional development in the effective

19 use of educational technology as an instructional tool

20 for increasing student understanding of the core

21 academic subject areas;

22 ‘‘(6) providing financial or other incentives for

23 teachers to become certified by the National Board

24 for Professional Teaching Standards;
148

•S 1513 RS

1 ‘‘(7) designing systems that enable teachers to

2 meet pay ladder professional development require3 ments by demonstrating content knowledge and ped4 agogical competence tied to challenging State con5 tent and performance standards, rather than by

6 merely completing course credits;

7 ‘‘(8) providing incentives for teachers to be in8 volved in assessment, curriculum development, and

9 technical assistance processes for teachers and stu10 dents;

11 ‘‘(9) professional development to enable teach12 ers and other school staff to ensure that girls and

13 young women, minorities, limited English proficient

14 students, individuals with disabilities, and the eco15 nomically disadvantaged have full opportunity to

16 achieve to challenging State performance standards

17 in the core academic subjects by, for example, en18 couraging girls and young women and minorities to

19 pursue advanced courses in mathematics and

20 science; and

21 ‘‘(10) professional development activities de22 signed to increase the numbers of members of mi23 nority and other underrepresented groups in the

24 teaching force in the core subjects.
149

•S 1513 RS

1 ‘‘LOCAL EDUCATIONAL AGENCY APPLICATIONS

2 ‘‘SEC. 2127. (a) APPLICATIONS REQUIRED.—(1)

3 Each local educational agency that wishes to receive a

4 subgrant under this subpart shall submit an application

5 to the State educational agency at such time as the State

6 educational agency may require, but not less frequently

7 than every third year.

8 ‘‘(2) If the local educational agency has an applica9 tion approved by the State under title III of the Goals

10 2000: Educate America Act, the application required by

11 this section shall be a component of (or, if necessary, an

12 addendum to) its Goals 2000 application.

13 ‘‘(b) APPLICATION CONTENTS.—Each application

14 under this section shall include—

15 ‘‘(1) the local educational agency’s plan for pro16 fessional development that has been developed with

17 the extensive participation of teachers and adminis18 trators and that—

19 ‘‘(A) is aligned with the State’s content

20 and performance standards;

21 ‘‘(B) includes an assessment of local needs

22 for professional development as identified by

23 the local educational agency and school staff;
150

•S 1513 RS

1 ‘‘(C) describes a strategy, tied to State

2 content and performance standards, for ad3 dressing those needs;

4 ‘‘(D) includes strong academic content and

5 pedagogical components;

6 ‘‘(E) is of sufficient intensity and duration

7 to have a positive and lasting impact on the

8 teacher’s performance in the classroom; and

9 ‘‘(F) sets specific outcome performance in10 dicators;

11 ‘‘(2) an assurance that the activities conducted

12 with such agency’s funds received under this pro13 gram will be assessed at least every three years

14 using the outcome performance indicators to deter15 mine the effectiveness of those activities;

16 ‘‘(3) a description of how the programs funded

17 under this subpart will be coordinated, as appro18 priate, with—

19 ‘‘(A) services of institutions of higher edu20 cation;

21 ‘‘(B) State and local funds;

22 ‘‘(C) resources provided under part A of

23 title I and other parts of this Act;

24 ‘‘(D) resources from business and industry;

25 and
151

•S 1513 RS

1 ‘‘(E) funds from other Federal agencies,

2 such as the National Science Foundation, the

3 Department of Energy, the Department of

4 Health and Human Services, the National En5 dowment for the Arts, and the National Endow6 ment for the Humanities; and

7 ‘‘(4) an identification of the sources of funding

8 that will provide the local educational agency’s con9 tribution under section 2128.

10 ‘‘LOCAL COST-SHARING

11 ‘‘SEC. 2128. (a) GENERAL.—Each local educational

12 agency shall bear at least 33 percent of the cost of any

13 program carried out under this subpart, but not including

14 the cost of services provided to private school teachers.

15 ‘‘(b) AVAILABLE RESOURCES FOR COST-SHARING.—

16 A local educational agency may meet the requirement of

17 subsection (a) through one or more of the following:

18 ‘‘(1) Cash expenditures from non-Federal

19 sources directed toward professional development ac20 tivities.

21 ‘‘(2) Released time for teachers participating in

22 professional development funded under this subpart.

23 ‘‘(3) Funds received under one or more of the

24 following programs, so long as they are used for pro25 fessional development activities consistent with this

26 subpart and the statutes under which those funds
152

•S 1513 RS

1 were received, and are used to benefit students and

2 teachers in schools that would otherwise have been

3 served with those funds:

4 ‘‘(A) Part A of title I of this Act.

5 ‘‘(B) The Safe and Drug-Free Schools pro6 gram under title IV of this Act.

7 ‘‘(C) The bilingual education program

8 under title VII of this Act.

9 ‘‘(D) Title III of the Goals 2000: Educate

10 America Act.

11 ‘‘(E) Programs that are related to the pur12 poses of this Act that are administered by other

13 agencies, including, but not limited to, the Na14 tional Science Foundation, the National Endow15 ment for the Humanities, the National Endow16 ment for the Arts, and the Department of En17 ergy.

18 ‘‘LOCAL ALLOCATION OF FUNDS AND ALLOWABLE

19 ACTIVITIES

20 ‘‘SEC. 2129. (a) LOCAL ALLOCATION OF FUNDS.—

21 Each local educational agency that receives funds under

22 this subpart for any fiscal year—

23 ‘‘(1) shall use at least 80 percent of such funds

24 for professional development of teachers and other

25 staff of individual schools in a manner that is deter26 mined by such teachers and staff and is consistent
153

•S 1513 RS

1 with the local educational agency’s application under

2 section 2127, any school plan under part A of title

3 I of this Act, and any other plan for professional de4 velopment carried out with Federal, State, or local

5 funds; and

6 ‘‘(2) may use not more than 20 percent of such

7 funds for district-level professional development ac8 tivities, which may include the participation of ad9 ministrators and policy-makers.

10 ‘‘(b) AUTHORIZED ACTIVITIES.—Each local edu11 cational agency and school that receives funds under this

12 subpart shall use those funds for activities that contribute

13 to the implementation of the local educational agency’s

14 professional development plan described in section

15 2127(b)(1), such as—

16 ‘‘(1) professional development for teams of

17 teachers, administrators, or other staff from individ18 ual schools, to support teaching consistent with

19 State or voluntary national content standards and to

20 create a school environment conducive to high

21 achievement in the core subjects;

22 ‘‘(2) support and time for teachers and other

23 school staff to participate in professional develop24 ment in the core subjects offered through profes25 sional associations, universities, and other providers;
154

•S 1513 RS

1 ‘‘(3) support and time for teachers and other

2 school staff to participate in professional develop3 ment that goes beyond training and encourages a

4 variety of forms of learning that are related to an

5 educator’s regular work, such as group study and

6 consultation with peers and supervisors;

7 ‘‘(4) peer training and mentoring programs, in8 cluding cross-generational mentoring, in the core

9 academic subjects;

10 ‘‘(5) establishment and maintenance of local

11 professional networks that provide a forum for inter12 action among teachers and that allow exchange of

13 information on advances in content and pedagogy;

14 ‘‘(6) activities that provide follow-up for teach15 ers who have participated in professional develop16 ment activities that are designed to ensure that the

17 knowledge and skills learned by the teacher are im18 plemented in the classroom;

19 ‘‘(7) preparing teachers to work with parents

20 and families on fostering student achievement in the

21 core academic subjects;

22 ‘‘(8) preparing teachers in the effective use of

23 educational technology as an instructional tool for

24 increasing student understanding of the core aca25 demic subject areas;
155

•S 1513 RS

1 ‘‘(9) establishing policies to permit teachers to

2 meet pay ladder requirements by demonstrating con3 tent and pedagogical competence rather than by only

4 meeting course requirements;

5 ‘‘(10) professional development to enable teach6 ers and other school staff to ensure that girls and

7 young women, minorities, limited English proficient

8 students, individuals with disabilities, and the eco9 nomically disadvantaged have full opportunity to

10 achieve to challenging State performance standards

11 in the core academic subjects;

12 ‘‘(11) professional development activities de13 signed to increase the numbers of minorities, indi14 viduals with disabilities, and other underrepresented

15 groups in the teaching force and to increase the

16 numbers of women and members of other

17 underrepresented groups who are science and mathe18 matics teachers, for example, through career ladder

19 programs that assist educational paraprofessionals

20 to obtain teaching credentials;

21 ‘‘(12) developing incentive strategies for re22 warding teachers and administrators collectively in

23 schools that sustain high performance or consistent

24 growth in the number of their students who meet

25 the challenging State performance standards; and
156

•S 1513 RS

1 ‘‘(13) developing incentive strategies for re2 warding schools where a substantial portion of the

3 teachers achieve certification by the National Board

4 for Professional Teaching Standards.

5 ‘‘HIGHER EDUCATION ACTIVITIES

6 ‘‘SEC. 2130. (a) GENERAL.—(1) The State agency

7 for higher education, working in conjunction with the

8 State educational agency (if it is a separate agency), shall

9 make grants to, or enter into contracts or cooperative

10 agreements with, institutions of higher education working

11 in conjunction with local educational agencies, for profes12 sional development activities in the core academic subject

13 areas that contribute to the State plan for professional

14 development.

15 ‘‘(2) All such awards shall be made on a competitive

16 basis.

17 ‘‘(3) Each project funded under this section shall in18 volve a joint effort of the recipient’s school or department

19 of education and the schools or departments in the specific

20 disciplines in which such professional development will be

21 provided.

22 ‘‘(b) ALLOWABLE ACTIVITIES.—A recipient of funds

23 under this section shall use those funds for—

24 ‘‘(1) sustained and intensive high-quality pro25 fessional development for teams of teachers, or
157

•S 1513 RS

1 teachers and administrators from individual schools

2 or districts; and

3 ‘‘(2) other sustained and intensive professional

4 development activities related to achievement of the

5 State plan for professional development.

6 ‘‘Subpart 3—General Provisions

7 ‘‘REPORTING AND ACCOUNTABILITY

8 ‘‘SEC. 2131. (a) STATES.—Each State that receives

9 funds under this part shall submit a report to the Sec10 retary every three years on the State’s progress toward

11 the outcome performance indicators identified in its State

12 plan, as well as on the effectiveness of State and local ac13 tivities under this part.

14 ‘‘(b) LOCAL EDUCATIONAL AGENCIES.—Each local

15 educational agency that receives funds under this part

16 shall submit a report to the State every three years on

17 its progress toward outcome performance indicators iden18 tified in its local plan, as well as on the effectiveness of

19 its activities under this part.

20 ‘‘(c) FEDERAL EVALUATION.—The Secretary shall

21 report to the President and Congress on the effectiveness

22 of programs and activities funded under this part.

23 ‘‘DEFINITIONS

24 ‘‘SEC. 2132. As used in this part, the following terms

25 have the following meanings:
158

•S 1513 RS

1 ‘‘(1) The term ‘core academic subjects’ means

2 those subjects listed in the State plan under title III

3 of the Goals 2000: Educate America Act or under

4 National Education Goal Three as set out in section

5 102(3) of such Act.

6 ‘‘(2) The term ‘sustained and intensive high7 quality professional development’ means professional

8 development activities that—

9 ‘‘(A) are tied to challenging State or vol10 untary national content and performance stand11 ards;

12 ‘‘(B) reflect up-to-date research in teach13 ing and learning and include integrated content

14 and pedagogical components;

15 ‘‘(C) are of sufficient intensity and dura16 tion to have a positive and lasting impact on

17 the teacher’s performance in the classroom or

18 the administrator’s performance on the job; and

19 ‘‘(D) recognize teachers as an important

20 source of knowledge that should inform and

21 help shape professional development.

22 ‘‘(3) The term ‘outcome performance indicators’

23 means measures of specific outcomes that the State

24 or local educational agency identifies as assessing

25 progress toward the goal of ensuring that all teach-
159

•S 1513 RS

1 ers have the knowledge and skills to assist their stu2 dents to meet challenging State standards in the

3 core academic subject areas. Examples of such indi4 cators include—

5 ‘‘(A) the degree to which licensure require6 ments are tied to State standards;

7 ‘‘(B) specific increases in the number of

8 teachers who are certified by the National

9 Board for Professional Teaching Standards;

10 ‘‘(C) specific increases in the number of el11 ementary and secondary teachers with strong

12 content backgrounds in the core academic sub13 jects; and

14 ‘‘(D) specific increases in the number of

15 teachers licensed in each core subject.

16 ‘‘PART B—SUPPORT AND ASSISTANCE FOR ESEA

17 PROGRAMS

18 ‘‘FINDINGS

19 ‘‘SEC. 2201. The Congress finds that—

20 ‘‘(1) high-quality technical assistance can en21 hance the improvements in teaching and learning

22 achieved through the implementation of programs

23 under this Act;

24 ‘‘(2) comprehensive technical assistance is an

25 essential ingredient of the overall strategy of the
160

•S 1513 RS

1 1994 reauthorization of this Act to improve pro2 grams and to provide all children opportunities to

3 meet challenging State performance standards;

4 ‘‘(3) States, local educational agencies, and

5 schools serving students with special needs, such as

6 students with limited English proficiency, have great

7 need for comprehensive technical assistance in order

8 to use funds under this Act to provide such students

9 with opportunities to learn to challenging State

10 standards;

11 ‘‘(4) current technical assistance efforts are

12 fragmented and categorical in nature, and thus fail

13 to address adequately the needs of States and local

14 educational agencies for help in integrating into a

15 coherent strategy for improving teaching and learn16 ing the various programs under this Act with State

17 and local programs and other education reform ef18 forts;

19 ‘‘(5) too little creative use is made of technology

20 as a means of providing information and assistance

21 in a cost-effective way;

22 ‘‘(6) comprehensive technical assistance can

23 help schools and school systems focus on improving

24 opportunities for all children to reach challenging
161

•S 1513 RS

1 State performance standards, as they implement

2 programs under this Act;

3 ‘‘(7) comprehensive technical assistance would

4 provide ‘one-stop shopping’ to help States, local edu5 cational agencies, participating colleges and univer6 sities, and schools integrate Federal, State, and local

7 education programs in ways that contribute to im8 proving schools and entire school systems; and

9 ‘‘(8) technical assistance in support of pro10 grams under this Act should be coordinated with the

11 Department’s regional offices, the regional edu12 cational laboratories, and other technical assistance

13 efforts supported by the Department.

14 ‘‘PURPOSE

15 ‘‘SEC. 2202. The purpose of this part is to make

16 available to States, local educational agencies, schools, and

17 other recipients of funds under this Act technical assist18 ance in—

19 ‘‘(1) administering and implementing programs

20 authorized by this Act in a manner that is consistent

21 with State and local plans under the Goals 2000:

22 Educate America Act; and

23 ‘‘(2) coordinating those programs with other

24 Federal, State, and local education activities, so that

25 all students are provided opportunities to meet chal26 lenging State performance standards.
162

•S 1513 RS

1 ‘‘PROGRAM AUTHORIZED

2 ‘‘SEC. 2203. (a) COMPREHENSIVE REGIONAL CEN3 TERS.—The Secretary is authorized to establish one cen4 ter in each of the Department’s ten regions to provide

5 comprehensive technical assistance to States, local edu6 cational agencies, schools, and other recipients of funds

7 under this Act in their administration and implementation

8 of programs authorized by this Act. In allocating resources

9 among the centers, the Secretary shall consider the geo10 graphic distribution of students with special needs.

11 ‘‘(b) TECHNOLOGY-BASED TECHNICAL ASSIST12 ANCE.—The Secretary is also authorized to provide a tech13 nology-based technical assistance service that will—

14 ‘‘(1) support the administration and implemen15 tation of programs authorized by this Act by provid16 ing information, including legal and regulatory infor17 mation, and technical guidance and information

18 about best practices; and

19 ‘‘(2) be accessible to all States, local edu20 cational agencies, schools, and others who are recipi21 ents of funds under this Act.

22 ‘‘ELIGIBLE ENTITIES

23 ‘‘SEC. 2204. The Secretary may carry out this part

24 directly or through grants to, or contracts or cooperative

25 agreements with, public or private agencies or organiza26 tions or consortia of those agencies and organizations.
163

•S 1513 RS

1 ‘‘COMPREHENSIVE REGIONAL CENTERS

2 ‘‘SEC. 2205. Each comprehensive regional center es3 tablished under section 2203(a) shall—

4 ‘‘(1) maintain staff expertise in at least all of

5 the following areas:

6 ‘‘(A) instruction, curriculum improvement,

7 school reform, and other aspects of title I of

8 this Act;

9 ‘‘(B) meeting the needs of children served

10 under this Act, including children in high-pov11 erty areas, migratory children, children with

12 limited English proficiency, neglected or delin13 quent children, homeless children and youth,

14 Indian children, and children with disabilities;

15 ‘‘(C) professional development for teachers,

16 other school staff, and administrators to help

17 students meet challenging State performance

18 standards;

19 ‘‘(D) bilingual education, including pro20 grams that emphasize English and native lan21 guage proficiency, and promote multicultural

22 understanding;

23 ‘‘(E) safe and drug-free schools;

24 ‘‘(F) educational applications of tech25 nology;
164

•S 1513 RS

1 ‘‘(G) parent involvement and participation;

2 ‘‘(H) the reform of schools and school sys3 tems; and

4 ‘‘(I) program evaluation;

5 ‘‘(2) ensure that technical assistance staff have

6 sufficient training, knowledge, and expertise in how

7 to integrate and coordinate programs under this Act

8 with each other, as well as with other Federal, State,

9 and local programs and reforms;

10 ‘‘(3) work collaboratively with the Department’s

11 regional offices;

12 ‘‘(4) provide technical assistance using the

13 highest quality and most cost-effective strategies

14 possible;

15 ‘‘(5) provide information and assistance regard16 ing exemplary and promising practices;

17 ‘‘(6) work collaboratively, and coordinate the

18 services it provides, with the general reform assist19 ance provided by the regional educational labora20 tories supported by the Office of Educational Re21 search and Improvement; and

22 ‘‘(7) consult with representatives of State edu23 cational agencies, local educational agencies, and

24 populations served under this Act.
165

•S 1513 RS

1 ‘‘INFORMATION COLLECTION AND EVALUATION

2 ‘‘SEC. 2206. The Secretary shall evaluate activities

3 under this part to determine their effectiveness in advanc4 ing the purposes of this part, and report to the President

5 and Congress on the effectiveness of such activities.

6 ‘‘TRANSITION

7 ‘‘SEC. 2207. (a) GENERAL.—The Secretary may use

8 funds appropriated for this part for fiscal year 1995 in

9 such manner as the Secretary finds necessary in order to

10 ensure a smooth implementation of this part.

11 ‘‘(b) EXTENSION OF PREVIOUS CENTERS.—In ac12 cordance with subsection (a), and notwithstanding any

13 other provisions of law, the Secretary may use such funds

14 for existing contracts and to extend the award of any cat15 egorical technical assistance center under this Act that

16 was in operation on the day before enactment of the Im17 proving America’s Schools Act of 1993.

18 ‘‘AUTHORIZATION OF APPROPRIATIONS

19 ‘‘SEC. 2208. For the purpose of carrying out this

20 part, there are authorized to be appropriated such sums

21 as may be necessary for each of the fiscal years 1995

22 through 1999.
166

•S 1513 RS

1 ‘‘TITLE III—EXPANDING OPPORTUNITIES FOR

2 LEARNING

3 ‘‘PART A—PUTTING TECHNOLOGY TO WORK FOR ALL

4 STUDENTS

5 ‘‘Subpart 1—Research, Development, and Demonstration

6 of Educational Technology

7 ‘‘FINDINGS AND PURPOSES

8 ‘‘SEC. 3111. (a) FINDINGS.—The Congress finds

9 that—

10 ‘‘(1) technology has the potential to assist and

11 support the improvement of teaching and learning in

12 schools and other settings;

13 ‘‘(2) technology can provide students, parents,

14 teachers, and other education professionals with in15 creased access to information, instruction, and edu16 cational services in schools and other settings, in17 cluding homes, libraries, preschool and child-care fa18 cilities, and postsecondary institutions;

19 ‘‘(3) technology can produce far greater oppor20 tunities for all students to learn to high standards

21 and to promote efficiency and effectiveness in edu22 cation; and

23 ‘‘(4) the rapidly changing nature of technology

24 requires coordination and flexibility in Federal lead25 ership.
167

•S 1513 RS

1 ‘‘(b) PURPOSES.—The purposes of this subpart are

2 to promote achievement of the National Education Goals

3 and to increase the opportunity for all students to achieve

4 to challenging State standards by—

5 ‘‘(1) promoting awareness of the potential of

6 technology for improving teaching and learning;

7 ‘‘(2) supporting State and local efforts to in8 crease the effective use of technology for education;

9 ‘‘(3) demonstrating ways in which technology

10 can be used to improve teaching and learning, and

11 to help ensure that all students have an equal oppor12 tunity to meet challenging State education stand13 ards;

14 ‘‘(4) ensuring the availability of knowledge

15 drawn from research and experience that can form

16 the basis for sound State and local decisions about

17 investment in, and effective uses of, educational

18 technology;

19 ‘‘(5) promoting high-quality professional devel20 opment opportunities for teachers and administra21 tors on the integration of technology into instruction

22 and administration;

23 ‘‘(6) ensuring that Federal technology-related

24 policies and programs facilitate the use of technology

25 in education; and
168

•S 1513 RS

1 ‘‘(7) ensuring that, as technological advances

2 are made, the educational uses of these advances are

3 considered and their applications are developed.

4 ‘‘OFFICE OF EDUCATIONAL TECHNOLOGY

5 ‘‘SEC. 3112. There is established in the Department

6 an Office of Educational Technology, which shall be ad7 ministered by a Director of Educational Technology ap8 pointed by the Secretary. The Office of Educational Tech9 nology, in consultation with other appropriate agencies,

10 shall provide leadership to the Nation in the use of tech11 nology to promote achievement of the National Education

12 Goals and to increase opportunities for all students to

13 achieve to challenging State standards, and shall perform

14 such additional functions as the Secretary may require.

15 ‘‘NATIONAL LONG-RANGE PLAN

16 ‘‘SEC. 3113. (a) IN GENERAL.—(1) The Secretary

17 shall develop and publish by September 30, 1995, and up18 date when appropriate, a national long-range plan to carry

19 out the purposes of this subpart.

20 ‘‘(2) The Secretary shall—

21 ‘‘(A) develop the plan in consultation with other

22 Federal agencies, State and local education practi23 tioners and policy-makers, experts in technology and

24 the educational applications of technology, and pro25 viders of technology services and products;
169

•S 1513 RS

1 ‘‘(B) transmit the plan to the President and to

2 the appropriate committees of the Congress; and

3 ‘‘(C) publish the plan in a form that is readily

4 accessible to the public.

5 ‘‘(b) CONTENTS OF THE PLAN.—The national long6 range plan shall describe the Secretary’s activities to pro7 mote the purposes of this subpart, including—

8 ‘‘(1) how the Secretary will encourage the effec9 tive use of technology to provide all students the op10 portunity to achieve to challenging State standards,

11 especially through programs administered by the De12 partment;

13 ‘‘(2) joint activities with other Federal agencies,

14 such as the National Endowment for the Human15 ities, the National Endowment for the Arts, the Na16 tional Aeronautics and Space Administration, the

17 National Science Foundation, and the Departments

18 of Commerce, Energy, Health and Human Services,

19 and Labor, to promote the use of technology in edu20 cation, and training and lifelong learning, including

21 plans for the educational uses of a national informa22 tion infrastructure, and to ensure that the policies

23 and programs of such agencies facilitate the use of

24 technology for educational purposes to the extent

25 feasible;
170

•S 1513 RS

1 ‘‘(3) how the Secretary will work with edu2 cators, State and local educational agencies, and ap3 propriate representatives of the private sector to fa4 cilitate the effective use of technology in education;

5 ‘‘(4) how the Secretary will promote—

6 ‘‘(A) increased access to the benefits of

7 technology for teaching and learning for schools

8 with high concentrations of children from low9 income families;

10 ‘‘(B) the use of technology to assist in the

11 implementation of State systemic reform strate12 gies;

13 ‘‘(C) the application of technological ad14 vances to use in education; and

15 ‘‘(D) increased opportunities for the pro16 fessional development of teachers in the use of

17 new technologies;

18 ‘‘(5) how the Secretary will determine, in con19 sultation with appropriate individuals, organizations,

20 and agencies, the feasibility and desirability of estab21 lishing guidelines and protocols to facilitate effective

22 use of technology in education; and

23 ‘‘(6) the Secretary’s long-range measurable

24 goals and objectives relating to the purposes of this

25 subpart.
171

•S 1513 RS

1 ‘‘FEDERAL LEADERSHIP

2 ‘‘SEC. 3114. (a) PROGRAM AUTHORIZED.—(1) In

3 order to provide Federal leadership in promoting the use

4 of technology in education, the Secretary, in consultation

5 with the National Science Foundation, the Department of

6 Commerce, and other appropriate Federal agencies, may

7 carry out activities designed to achieve the purposes of this

8 subpart directly or by awarding grants (pursuant to a peer

9 review process) to, or entering into contracts with, State

10 educational agencies, local educational agencies, institu11 tions of higher education, or other public and private non12 profit or for-profit agencies and organizations.

13 ‘‘(2) For the purpose of carrying out coordinated or

14 joint activities consistent with the purposes of this sub15 part, the Secretary may accept funds from, and transfer

16 funds to, other Federal agencies.

17 ‘‘(b) USES OF FUNDS.—The Secretary may use funds

18 appropriated under this subpart for activities designed to

19 carry out the purpose of this subpart, and to meet the

20 goals and objectives of the national long-range plan under

21 section 3113, including—

22 ‘‘(1) planning grants to States and local edu23 cation agencies, to enable such entities to examine

24 and develop strategies for the effective use of tech25 nology to help achieve the objectives of the Goals
172

•S 1513 RS

1 2000: Educate America Act and the School-to-Work

2 Opportunities Act of 1993;

3 ‘‘(2) development grants to technical assistance

4 providers, to enable them to improve substantially

5 the services they offer to educators on the edu6 cational uses of technology, including professional

7 development;

8 ‘‘(3) consulting with representatives of industry,

9 elementary and secondary education, higher edu10 cation, and appropriate experts in technology and its

11 educational applications in carrying out activities

12 under this subpart;

13 ‘‘(4) research on, and the development of,

14 guidelines and protocols to facilitate efficient and ef15 fective use of technology in education;

16 ‘‘(5) research on, and the development of, edu17 cational applications of the most advanced and newly

18 emerging technologies;

19 ‘‘(6) the development, demonstration, and eval20 uation of applications of existing technology in pre21 school education, elementary and secondary edu22 cation, training and lifelong learning, and profes23 sional development of educational personnel;

24 ‘‘(7) the development and evaluation of software

25 and other products, including television program-
173

•S 1513 RS

1 ming, that incorporate advances in technology and

2 help achieve the National Education Goals and chal3 lenging State standards;

4 ‘‘(8) the development, demonstration, and eval5 uation of model strategies for preparing teachers

6 and other personnel to use technology effectively to

7 improve teaching and learning;

8 ‘‘(9) the development of model programs to

9 demonstrate the educational effectiveness of tech10 nology in urban and rural areas and economically11 distressed communities;

12 ‘‘(10) research on, and the evaluation of, the ef13 fectiveness and benefits of technology in education;

14 ‘‘(11) conferences on, and dissemination of in15 formation about, the uses of technology in education;

16 ‘‘(12) the development of model strategies to

17 promote gender equity concerning access to, and the

18 use of, technology in the classroom; and

19 ‘‘(13) such other activities as the Secretary de20 termines would meet the purposes of this subpart.

21 ‘‘(c) NON-FEDERAL SHARE.—(1) Subject to para22 graph (2), the Secretary is authorized to require any recip23 ient of a grant or contract under this subpart to share

24 in the cost of its project, which share shall be announced
174

•S 1513 RS

1 through a notice in the Federal Register and may be in

2 the form of cash or in-kind contributions, fairly valued.

3 ‘‘(2) The Secretary may increase the non-Federal

4 share required of such recipient after the first year of the

5 recipient’s project, except that such share may not exceed

6 50 percent at any time during the recipient’s project.

7 ‘‘AUTHORIZATION OF APPROPRIATIONS

8 ‘‘SEC. 3115. For the purpose of carrying out this sub9 part, there are authorized to be appropriated such sums

10 as may be necessary for each of the fiscal years 1995

11 through 1999.

12 ‘‘Subpart 2—Star Schools Program

13 ‘‘FINDINGS

14 ‘‘SEC. 3121. The Congress finds that—

15 ‘‘(1) the Star Schools program has helped to

16 encourage the use of distance learning strategies to

17 serve multi-State regions primarily by means of sat18 ellite and broadcast television;

19 ‘‘(2) in general, distance learning programs

20 have been used effectively to provide students in

21 small, rural, and isolated schools with courses and

22 instruction, such as science and foreign language in23 struction, that the local educational agency would

24 not otherwise have been able to provide; and

25 ‘‘(3) distance learning programs could also be

26 used to—
175

•S 1513 RS

1 ‘‘(A) provide students in all types of

2 schools and local educational agencies with

3 greater access to high-quality instruction in the

4 full range of core academic subjects that would

5 enable them to meet challenging, internationally

6 competitive, educational standards;

7 ‘‘(B) expand professional development op8 portunities for teachers;

9 ‘‘(C) contribute to achievement of the Na10 tional Education Goals; and

11 ‘‘(D) expand learning opportunities for ev12 eryone.

13 ‘‘STATEMENT OF PURPOSE

14 ‘‘SEC. 3122. The purpose of this subpart is to encour15 age the expansion and use of distance learning programs

16 and technologies to help—

17 ‘‘(1) improve teaching and learning;

18 ‘‘(2) achieve the National Education Goals;

19 ‘‘(3) all students learn to challenging State con20 tent standards; and

21 ‘‘(4) increase participation in State and local

22 educational reform.

23 ‘‘PROGRAM AUTHORIZED

24 ‘‘SEC. 3123. (a) STAR SCHOOL AWARDS.—The Sec25 retary is authorized, in accordance with this subpart, to

26 make grants to eligible entities for the Federal share of
176

•S 1513 RS

1 the cost of providing distance learning programs, includ2 ing—

3 ‘‘(1) developing, constructing, and acquiring

4 telecommunications facilities and equipment;

5 ‘‘(2) developing and acquiring instructional pro6 gramming; and

7 ‘‘(3) providing technical assistance regarding

8 the use of such facilities and instructional program9 ming.

10 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—For the

11 purpose of carrying out this subpart, there are authorized

12 to be appropriated such sums as may be necessary for

13 each of the fiscal years 1995 through 1999.

14 ‘‘(c) LIMITATIONS.—(1) A grant under this section

15 shall not exceed—

16 ‘‘(A) five years in duration; and

17 ‘‘(B) $10,000,000 in any one fiscal year.

18 ‘‘(2) Not less than 25 percent of the funds available

19 to the Secretary for any fiscal year under this subpart

20 shall be used for the cost of instructional programming.

21 ‘‘(3) Not less than 50 percent of the funds available

22 to the Secretary for any fiscal year under this subpart

23 shall be used for the cost of facilities, equipment, teacher

24 training or retraining, technical assistance, or program-
177

•S 1513 RS

1 ming, for local educational agencies that are eligible to re2 ceive assistance under part A of title I of this Act.

3 ‘‘(d) FEDERAL SHARE.—(1) The Federal share of

4 the cost of projects funded under this section shall not

5 exceed 75 percent for the first and second years of the

6 award, 60 percent for the third and fourth years, and 50

7 percent for the fifth year.

8 ‘‘(2) The Secretary may reduce or waive the require9 ment of the non-Federal share under paragraph (1) upon

10 a showing of financial hardship.

11 ‘‘(e) AUTHORITY TO ACCEPT FUNDS FROM OTHER

12 AGENCIES.—The Secretary is authorized to accept funds

13 from other agencies to carry out the purposes of this sec14 tion, including funds for the purchase of equipment.

15 ‘‘ELIGIBLE ENTITIES

16 ‘‘SEC. 3124. (a) ELIGIBLE ENTITIES.—(1) The Sec17 retary may make a grant under section 3123 to any eligi18 ble entity, provided that at least one local educational

19 agency is participating in the proposed project.

20 ‘‘(2) An eligible entity may include—

21 ‘‘(A) a public agency or corporation established

22 for the purpose of developing and operating tele23 communications networks to enhance educational op24 portunities provided by educational institutions,

25 teacher training centers, and other entities, except

26 that any such agency or corporation shall represent
178

•S 1513 RS

1 the interests of elementary and secondary schools

2 that are eligible to participate in the program under

3 part A of title I of this Act; or

4 ‘‘(B) any two or more of the following, which

5 will provide a telecommunications network:

6 ‘‘(i) A local educational agency that has a

7 significant number of elementary and secondary

8 schools that are eligible for assistance under

9 part A of title I of this Act, or elementary and

10 secondary schools operated or funded for Indian

11 children by the Department of the Interior eli12 gible under section 1121(b)(1) of this Act.

13 ‘‘(ii) A State educational agency.

14 ‘‘(iii) An institution of higher education or

15 a State higher education agency.

16 ‘‘(iv) A teacher training center or academy

17 that—

18 ‘‘(I) provides teacher pre-service and

19 in-service training; and

20 ‘‘(II) receives Federal financial assist21 ance or has been approved by a State

22 agency.

23 ‘‘(v)(I) a public or private entity with expe24 rience and expertise in the planning and oper25 ation of a telecommunications network, includ-
179

•S 1513 RS

1 ing entities involved in telecommunications

2 through satellite, cable, telephone, or computer;

3 or

4 ‘‘(II) a public broadcasting entity with

5 such experience.

6 ‘‘(vi) A public or private elementary or sec7 ondary school.

8 ‘‘APPLICATIONS

9 ‘‘SEC. 3125. (a) GENERAL REQUIREMENT.—Each el10 igible entity that desires to receive a grant under this sub11 part shall submit an application to the Secretary in such

12 form, at such time, and containing such information and

13 assurances as the Secretary may require.

14 ‘‘(b) STAR SCHOOL AWARD APPLICATIONS.—Each

15 application for a grant authorized under section 3123

16 shall—

17 ‘‘(1) describe—

18 ‘‘(A) how the proposed project will assist

19 in achieving the National Education Goals set

20 out in title I of the Goals 2000: Educate Amer21 ica Act, how it will assist all students to have

22 an opportunity to learn to challenging State

23 standards, and how it will assist State and local

24 educational reform efforts;
180

•S 1513 RS

1 ‘‘(B) the telecommunications facilities and

2 equipment and technical assistance for which

3 assistance is sought, which may include—

4 ‘‘(i) the design, development, con5 struction, and acquisition of district,

6 multidistrict, State, or multistate edu7 cational telecommunications networks and

8 technology resource centers;

9 ‘‘(ii) microwave, fiber optics, cable,

10 and satellite transmission equipment, or

11 any combination thereof;

12 ‘‘(iii) reception facilities, satellite time,

13 production facilities, and other tele14 communications equipment capable of serv15 ing the intended geographic area;

16 ‘‘(iv) the provision of training services

17 to instructors who will be using the facili18 ties and equipment for which assistance is

19 sought in using such facilities and equip20 ment, and in integrating programs into the

21 class curriculum; and

22 ‘‘(v) the development of educational

23 and related programming for use on a tele24 communications network;
181

•S 1513 RS

1 ‘‘(C) the types of programming that will be

2 developed to enhance instruction and training,

3 including an assurance that such programming

4 will be designed in consultation with profes5 sionals who are experts in the applicable subject

6 matter and grade level;

7 ‘‘(D) how the eligible entity has engaged in

8 sufficient survey and analysis of the area to be

9 served to ensure that the services offered by the

10 eligible entity will increase the availability of

11 courses of instruction in English, mathematics,

12 science, foreign languages, arts, history, geog13 raphy, or other disciplines;

14 ‘‘(E) the professional development policies

15 for teachers and other school personnel to be

16 implemented to ensure the effective use of the

17 telecommunications facilities and equipment for

18 which assistance is sought;

19 ‘‘(F) the manner in which historically un20 derserved students (such as students from low21 income families, limited English proficient stu22 dents, disabled students, or students who have

23 low literacy skills) and their families will par24 ticipate in the benefits of the telecommuni25 cations facilities, equipment, technical assist-
182

•S 1513 RS

1 ance, and programming assisted under this sub2 part;

3 ‘‘(G) how existing telecommunications

4 equipment, facilities, and services, where avail5 able, will be used;

6 ‘‘(H) the activities or services for which as7 sistance is sought, such as—

8 ‘‘(i) providing facilities, equipment,

9 training services, and technical assistance;

10 ‘‘(ii) making programs accessible to

11 individuals with disabilities through mecha12 nisms such as closed captioning and de13 scriptive video services;

14 ‘‘(iii) linking networks around issues

15 of national importance (such as elections)

16 or to provide information about employ17 ment opportunities, job training, or stu18 dent and other social service programs;

19 ‘‘(iv) sharing curriculum materials be20 tween networks;

21 ‘‘(v) providing teacher and student

22 support services;

23 ‘‘(vi) incorporating community re24 sources such as libraries and museums into

25 instructional programs;
183

•S 1513 RS

1 ‘‘(vii) providing professional develop2 ment for teachers, including, as appro3 priate, training to early childhood develop4 ment and Head Start teachers and staff

5 and vocational education teachers and

6 staff; and

7 ‘‘(viii) providing programs for adults

8 at times other than the regular school day

9 in order to maximize the use of tele10 communications facilities and equipment;

11 and

12 ‘‘(I) how the proposed project as

13 a whole will be financed and how ar14 rangements for future financing will

15 be developed before the project ex16 pires;

17 ‘‘(2) provide an assurance that a significant

18 portion of any facilities, equipment, technical assist19 ance, and programming for which assistance is

20 sought for elementary and secondary schools will be

21 made available to schools in local educational agen22 cies that have a high percentage of children counted

23 for the purpose of part A of title I of this Act; and

24 ‘‘(3) provide an assurance that the applicant

25 will provide such information and cooperate in any
184

•S 1513 RS

1 evaluation that the Secretary may conduct under

2 this subpart.

3 ‘‘(c) PRIORITIES.—The Secretary shall, in approving

4 applications for grants authorized under section 3123,

5 give priority to applications that—

6 ‘‘(1) propose high-quality plans to assist in

7 achieving one or more of the National Education

8 Goals as set out in title I of the Goals 2000: Edu9 cate America Act, would provide instruction consist10 ent with State content standards, or would otherwise

11 provide significant and specific assistance to States

12 and local educational agencies undertaking systemic

13 education reform under title III of the Goals 2000:

14 Educate America Act; and

15 ‘‘(2) would serve schools with significant num16 bers of children counted for the purposes of part A

17 of title I of this Act.

18 ‘‘(d) GEOGRAPHIC DISTRIBUTION.—In approving ap19 plications for grants authorized under section 3123, the

20 Secretary shall, to the extent feasible, ensure an equitable

21 geographic distribution of services.

22 ‘‘LEADERSHIP AND EVALUATION ACTIVITIES

23 ‘‘SEC. 3126. (a) SET-ASIDE.—From amounts appro24 priated under section 3123(b), the Secretary may reserve

25 up to 10 percent for national leadership, evaluation, and

26 peer review activities.
185

•S 1513 RS

1 ‘‘(b) METHOD OF FUNDING.—The Secretary may

2 fund the activities described in subsection (a) directly or

3 through grants, contracts, and cooperative agreements.

4 ‘‘(c) USES OF FUNDS.—(1) Funds reserved for lead5 ership activities may be used for—

6 ‘‘(A) disseminating information, including lists

7 and descriptions of services available from recipients;

8 and

9 ‘‘(B) other activities designed to enhance the

10 quality of distance learning activities nationwide.

11 ‘‘(2) Funds reserved for evaluation activities shall be

12 used to conduct independent evaluations of the Star

13 Schools program under this subpart and of distance learn14 ing in general, including—

15 ‘‘(A) analyses of distance learning efforts, in16 cluding both Star Schools projects and efforts not

17 funded by the program under this subpart; and

18 ‘‘(B) comparisons of the effects, including stu19 dent outcomes, of different technologies in distance

20 learning efforts.

21 ‘‘(3) Funds reserved for peer review activities may

22 be used for peer review of both proposals and funded

23 projects.

24 ‘‘DEFINITIONS

25 ‘‘SEC. 3127. For the purpose of this subpart, the fol26 lowing terms have the following meanings:
186

•S 1513 RS

1 ‘‘(1) The term ‘educational institution’ means

2 an institution of higher education, a local edu3 cational agency, or a State educational agency.

4 ‘‘(2) The term ‘instructional programming’

5 means courses of instruction and training courses

6 for elementary and secondary students, teachers,

7 and others, and materials for use in such instruction

8 and training that have been prepared in audio and

9 visual form on tape, disc, film, or live, and presented

10 by means of telecommunications devices.

11 ‘‘(3) The term ‘public broadcasting entity’ has

12 the same meaning given that term in section 397 of

13 the Communications Act of 1934.

14 ‘‘PART B—FUND FOR THE IMPROVEMENT OF

15 EDUCATION

16 ‘‘FUND FOR THE IMPROVEMENT OF EDUCATION

17 ‘‘SEC. 3201. (a) FUND AUTHORIZED.—From funds

18 appropriated under subsection (d), the Secretary is au19 thorized to support nationally significant programs and

20 projects to improve the quality of education, assist all stu21 dents to meet challenging standards, and contribute to

22 achievement of the National Education Goals. The Sec23 retary is authorized to carry out such programs and

24 projects directly or through grants to, or contracts with,

25 State and local education agencies, institutions of higher
187

•S 1513 RS

1 education, and other public and private agencies, organi2 zations, and institutions.

3 ‘‘(b) USES OF FUNDS.—(1) Funds under this section

4 may be used for—

5 ‘‘(A) activities that will promote systemic edu6 cation reform at the State and local levels, such as—

7 ‘‘(i) research and development related to

8 content and performance standards for student

9 learning; and

10 ‘‘(ii) the development and evaluation of

11 model strategies for assessment of student

12 learning, professional development for teachers

13 and administrators, parent and community in14 volvement, and other aspects of systemic re15 form;

16 ‘‘(B) demonstrations at the State and local lev17 els that are designed to yield nationally significant

18 results, including approaches to public school choice

19 and school based decision-making;

20 ‘‘(C) joint activities with other agencies to as21 sist the effort to achieve the National Education

22 Goals, including activities related to improving the

23 transition from preschool to school and from school

24 to work, as well as activities related to the integra25 tion of education and health and social services;
188

•S 1513 RS

1 ‘‘(D) activities to promote and evaluate counsel2 ing and mentoring for students, including

3 intergenerational mentoring;

4 ‘‘(E) activities to promote comprehensive health

5 education;

6 ‘‘(F) activities to promote environmental edu7 cation;

8 ‘‘(G) activities to assist students to demonstrate

9 competence in foreign languages;

10 ‘‘(H) studies and evaluation of various edu11 cation reform strategies and innovations being pur12 sued by the Federal Government, States, and local

13 educational agencies;

14 ‘‘(I) the identification and recognition of exem15 plary schools and programs, such as Blue Ribbon

16 Schools; and

17 ‘‘(J) other programs and projects that meet the

18 purposes of this section.

19 ‘‘(2) The Secretary may also use funds under this

20 section to complete the project periods for direct grants

21 or contracts awarded under the provisions of the Elemen22 tary and Secondary Education Act of 1965, part B of title

23 III of the Augustus F. Hawkins-Robert T. Stafford Ele24 mentary and Secondary School Improvement Amendments

25 of 1988, or title III of the Education for Economic Secu-
189

•S 1513 RS

1 rity Act, as these Acts were in effect on the day before

2 enactment of the Improving America’s Schools Act of

3 1993.

4 ‘‘(c) AWARDS.—(1) The Secretary may make awards

5 under this section on the basis of competitions announced

6 by the Secretary and may also support meritorious unso7 licited proposals.

8 ‘‘(2) The Secretary shall ensure that projects and ac9 tivities supported under this section are designed so that

10 their effectiveness is readily ascertainable.

11 ‘‘(3) The Secretary shall use a peer review process

12 in reviewing applications for grants under this section and

13 may use funds appropriated under subsection (d) for this

14 purpose.

15 ‘‘(d) AUTHORIZATION.—For the purpose of carrying

16 out this section, there are authorized to be appropriated

17 such sums as may be necessary for each of the fiscal years

18 1995 through 1999.

19 ‘‘PART C—JACOB K. JAVITS GIFTED AND TALENTED

20 EDUCATION PROGRAM

21 ‘‘FINDINGS AND PURPOSE

22 ‘‘SEC. 3301. (a) FINDINGS.—The Congress finds

23 that—

24 ‘‘(1) all students can learn to high standards;
190

•S 1513 RS

1 ‘‘(2) all students must develop their talents, re2 alize their potential, and learn to high standards if

3 the United States is to prosper;

4 ‘‘(3) too often, schools fail to challenge students

5 to do their best work, and students who are not

6 challenged will not fully develop their talents, realize

7 their potential, and learn to high standards;

8 ‘‘(4) schools must provide all students with im9 portant and challenging subject matter to study and

10 encourage the habits of hard work;

11 ‘‘(5) during the past 20 years, programs for

12 gifted and talented students have served as labora13 tories for innovative and experimental approaches to

14 teaching and learning;

15 ‘‘(6) many programs developed for gifted and

16 talented students, when used with disadvantaged

17 students, have shown promise in achieving better re18 sults than remedial programs;

19 ‘‘(7) the experience and knowledge gained in

20 developing and implementing programs for gifted

21 and talented students can and should be used to de22 velop a rich and challenging curriculum for all

23 students;

24 ‘‘(8) the Federal Government should encourage

25 the adaptation of strategies used in programs for
191

•S 1513 RS

1 gifted and talented students to help all students de2 velop their talents, realize their potential, and learn

3 to high standards, while also continuing to challenge

4 gifted and talented students; and

5 ‘‘(9) examples of programs and strategies in

6 which students can and have learned to the highest

7 standards will help to demonstrate how all students

8 can learn to high standards.

9 ‘‘(b) PURPOSE.—The purpose of this part is to dem10 onstrate how strategies and programs designed for the

11 education of gifted and talented students can be adapted

12 and used to improve teaching and learning for all students

13 in a school and to help all students in a school develop

14 their talents, realize their potential, and meet challenging

15 performance standards, while not diminishing the curricu16 lum and instruction for students traditionally identified as

17 gifted and talented. Such strategies and programs shall,

18 at a minimum—

19 ‘‘(1) contain important and challenging aca20 demic content;

21 ‘‘(2) elicit complex thinking and understanding

22 in students;

23 ‘‘(3) engage students in learning and allow

24 them to progress at their own pace; and
192

•S 1513 RS

1 ‘‘(4) use performance measures that assess

2 whether students have developed a thorough under3 standing of the important and challenging subject

4 matter contained in the school curriculum.

5 ‘‘AUTHORIZED PROGRAMS

6 ‘‘SEC. 3302. (a) ESTABLISHMENT OF PROGRAM.—

7 From the sums appropriated under section 3305(a) for

8 any fiscal year that are remaining after the reservation

9 of funds pursuant to section 3305(b), the Secretary shall

10 make grants to, or enter into contracts with, State edu11 cational agencies, local educational agencies, institutions

12 of higher education, or other public agencies or private

13 agencies and organizations (including Indian tribes and

14 organizations, as defined by the Indian Self-Determination

15 and Education Assistance Act, and Native Hawaiian orga16 nizations) to assist such agencies, schools, institutions,

17 and organizations to carry out the purpose of this part.

18 ‘‘(b) APPLICATION.—Any eligible applicant that

19 wishes to receive funds under this part shall submit an

20 application to the Secretary at such time, in such manner,

21 and containing such information as the Secretary may re22 quire.

23 ‘‘(c) USES OF FUNDS.—(1) A recipient of funds

24 under this part shall use those funds for activities that

25 are designed to meet the purpose of this part. Such activi26 ties may include—
193

•S 1513 RS

1 ‘‘(A) developing, implementing, and expanding

2 new programs that adapt strategies or programs de3 signed for gifted and talented students to serve all

4 students (including gifted and talented students) in

5 a school or in several schools;

6 ‘‘(B) adapting and expanding existing programs

7 for gifted and talented students to serve all students

8 (including gifted and talented students) in a school

9 or in several schools;

10 ‘‘(C) implementing innovative strategies, such

11 as cooperative learning and peer tutoring, for ex12 panding programs that serve gifted and talented stu13 dents into programs that serve all the students (in14 cluding gifted and talented students) in a school;

15 ‘‘(D) establishing and operating cooperative

16 programs involving business, industry, and edu17 cation;

18 ‘‘(E) establishing and operating summer pro19 grams; and

20 ‘‘(F) strengthening the capability of State edu21 cational agencies and institutions of higher edu22 cation to provide leadership and assistance to local

23 educational agencies and nonprofit private schools in

24 adapting strategies and programs for educating gift-
194

•S 1513 RS

1 ed and talented students to improve education for all

2 students (including gifted and talented students).

3 ‘‘(2) Each project assisted under this part that pro4 vides services to students shall, by the end of the period

5 for which assistance is sought (but in no case later than

6 the end of the third year of assistance under this part)

7 serve all the students (including gifted and talented stu8 dents) in a school.

9 ‘‘(d) NON-FEDERAL SHARE.—(1) Subject to para10 graph (2), the Secretary is authorized to require any recip11 ient of a grant or contract under this part to share in

12 the cost of its project, which share shall be announced

13 through a notice in the Federal Register and may be in

14 the form of cash or in-kind contributions, fairly valued.

15 ‘‘(2) The Secretary may increase the non-Federal

16 share required of such recipient after the first year of the

17 recipient’s project, except that such share may not exceed

18 50 percent at any time during the recipient’s project.

19 ‘‘PROGRAM PRIORITIES

20 ‘‘SEC. 3303. In making awards under this part, the

21 Secretary shall ensure that for each fiscal year at least

22 one-half of the awards made contain a component de23 signed to serve schools in which at least 50 percent of the

24 students in the school are children counted under section

25 1123(c)(1)(A) (children from low-income families).
195

•S 1513 RS

1 ‘‘NATIONAL RESPONSIBILITIES

2 ‘‘SEC. 3304. (a) PROGRAM OPERATIONS.—The Sec3 retary shall ensure that the programs under this part are

4 administered within the Department of Education by a

5 person who has recognized professional qualifications and

6 experience in the field of the education of gifted and tal7 ented students and who shall serve as a focal point of na8 tional leadership and information on mechanisms to carry

9 out the purpose of this part.

10 ‘‘(b) REVIEW, DISSEMINATION, AND EVALUATION.—

11 The Secretary shall—

12 ‘‘(1) use a peer review process in reviewing ap13 plications under this part;

14 ‘‘(2) ensure that information on the activities

15 and results of projects funded under this part is dis16 seminated to appropriate State and local agencies

17 and other appropriate organizations, including non18 profit private organizations; and

19 ‘‘(3) evaluate the effectiveness of programs

20 under this part, both in terms of the impact on stu21 dents traditionally served in separate gifted and tal22 ented programs and on other students, and submit

23 the results of such evaluation to Congress by Janu24 ary 1, 1999.
196

•S 1513 RS

1 ‘‘(c) APPLIED RESEARCH AND DEVELOPMENT.—The

2 Secretary may conduct, in coordination with other appro3 priate offices of the Department, applied research and de4 velopment of theories, strategies, and models that further

5 the purpose of this part.

6 ‘‘(d) GRANT AND CONTRACT AUTHORITY.—The Sec7 retary may carry out the activities under subsections (a),

8 (b), and (c) directly or through grants or contracts.

9 ‘‘AUTHORIZATION OF APPROPRIATIONS

10 ‘‘SEC. 3305. (a) IN GENERAL.—For the purpose of

11 carrying out this part, there are authorized to be appro12 priated such sums as may be necessary for each of the

13 fiscal years 1995 through 1999.

14 ‘‘(b) RESERVATION.—In order to carry out the pur15 pose of this part, the Secretary may reserve not more than

16 15 percent of the sum appropriated under subsection (a)

17 for any fiscal year for activities under section 3304(b).

18 ‘‘DEFINITIONS

19 ‘‘SEC. 3306. For the purpose of this part, the follow20 ing terms have the following meanings:

21 ‘‘(1) The term ‘Native Hawaiian’ means any in22 dividual any of whose ancestors were natives prior to

23 1778 of the area that now comprises the State of

24 Hawaii.

25 ‘‘(2) The term ‘Native Hawaiian organization’

26 means any organization recognized by the Governor
197

•S 1513 RS

1 of the State of Hawaii and primarily serving and

2 representing Native Hawaiians.

3 ‘‘PART D—CHARTER SCHOOLS

4 ‘‘FINDINGS AND PURPOSE

5 ‘‘SEC. 3401. (a) FINDINGS.—The Congress finds

6 that—

7 ‘‘(1) enhancement of parent and student choices

8 among public schools can assist in promoting com9 prehensive educational reform and give more stu10 dents the opportunity to learn to challenging State

11 academic standards, if sufficiently diverse and high12 quality choices, and genuine opportunities to take

13 advantage of them, are available to all students;

14 ‘‘(2) useful examples of such choices can come

15 from States and communities that experiment with

16 methods of offering teachers and other educators,

17 parents, and other members of the public the oppor18 tunity to design and implement new public schools;

19 ‘‘(3) the new schools developed through this

20 process should be free to test a variety of edu21 cational approaches and should, therefore, be ex22 empted from restrictive rules and regulations if their

23 leadership commits to attaining specific and ambi24 tious educational results for students consistent with
198

•S 1513 RS

1 challenging State content and performance stand2 ards for all students;

3 ‘‘(4) charter schools, as they have been imple4 mented in a few States, can embody the necessary

5 mixture of enhanced choice, exemption from restric6 tive regulations, and a focus on learning gains; and

7 ‘‘(5) the Federal Government should test, evalu8 ate, and disseminate information on a variety of

9 charter school models in order to help demonstrate

10 the benefits of this promising educational reform.

11 ‘‘(b) PURPOSE.—It is the purpose of this part to in12 crease national understanding of the charter schools model

13 by—

14 ‘‘(1) providing financial assistance for the de15 sign and initial implementation of charter schools;

16 and

17 ‘‘(2) evaluating the effects of those schools, in18 cluding their effects on students, staff, and parents.

19 ‘‘PROGRAM AUTHORIZED

20 ‘‘SEC. 3402. (a) GENERAL.—The Secretary may

21 make grants to eligible applicants for the design and ini22 tial operation of charter schools.

23 ‘‘(b) PROJECT PERIODS.—Each such grant shall be

24 for a period of not more than three years, of which the

25 grantee may use—
199

•S 1513 RS

1 ‘‘(1) no more than 18 months for planning and

2 program design; and

3 ‘‘(2) no more than two years for the initial im4 plementation of the charter school.

5 ‘‘(c) LIMITATION.—The Secretary shall not make

6 more than one grant to support a particular charter

7 school.

8 ‘‘APPLICATIONS

9 ‘‘SEC. 3403. (a) APPLICATIONS REQUIRED.—Any eli10 gible applicant that desires to receive a grant under this

11 part shall submit an application to the Secretary at such

12 time and in such manner as the Secretary may require.

13 ‘‘(b) SCOPE OF APPLICATION.—Each such applica14 tion may request assistance for a single charter school or

15 for a cluster of schools, which may include a high school

16 and its feeder elementary and middle schools, within a

17 community.

18 ‘‘(c) APPLICATION CONTENTS.—Each such applica19 tion shall include, for each charter school for which assist20 ance is sought—

21 ‘‘(1) a description of the educational program

22 to be implemented by the proposed charter school,

23 including—

24 ‘‘(A) how the program will enable all stu25 dents to meet challenging State performance

26 standards;
200

•S 1513 RS

1 ‘‘(B) the grade levels or ages of children to

2 be served; and

3 ‘‘(C) the curriculum and instructional

4 practices to be used;

5 ‘‘(2) a description of how the school will be

6 managed;

7 ‘‘(3) a description of—

8 ‘‘(A) the objectives of the school; and

9 ‘‘(B) the methods by which the school will

10 determine its progress toward achieving those

11 objectives;

12 ‘‘(4) a description of the administrative rela13 tionship between the charter school and the local

14 educational agency or State educational agency that

15 will authorize or approve the school’s charter and

16 act as the grantee under this part;

17 ‘‘(5) a description of how parents and other

18 members of the community will be involved in the

19 design and implementation of the charter school;

20 ‘‘(6) a description of how the State or local edu21 cational agency, as the case may be, will provide for

22 continued operation of the school once the Federal

23 grant has expired, if such agency determines that

24 the school is successful;
201

•S 1513 RS

1 ‘‘(7) a request and justification for waivers of

2 any Federal statutory or regulatory provisions that

3 the applicant believes are necessary for the success4 ful operation of the charter school, and a description

5 of any State or local rules, generally applicable to

6 public schools, that will be waived for, or otherwise

7 not apply to, the school;

8 ‘‘(8) a description of how the grant funds would

9 be used;

10 ‘‘(9) a description of how grant funds would be

11 used in conjunction with other Federal programs ad12 ministered by the Secretary;

13 ‘‘(10) a description of how students in the com14 munity will be—

15 ‘‘(A) informed about the school; and

16 ‘‘(B) given an equal opportunity to attend

17 the school;

18 ‘‘(11) an assurance that the applicant will an19 nually provide the Secretary such information as the

20 Secretary may require to determine if the charter

21 school is making satisfactory progress toward achiev22 ing the objectives described under paragraph (3);

23 ‘‘(12) an assurance that the applicant will co24 operate with the Secretary in evaluating the pro25 gram authorized by this part; and
202

•S 1513 RS

1 ‘‘(13) such other information and assurances as

2 the Secretary may require.

3 ‘‘(d) STATE EDUCATIONAL AGENCY APPROVAL RE4 QUIRED.—(1) A local educational agency that desires to

5 receive a grant under this part shall obtain the State edu6 cational agency’s approval of its application before submit7 ting it to the Secretary.

8 ‘‘(2) A State educational agency that approves an ap9 plication of a local educational agency shall provide the

10 local educational agency, and such local agency shall in11 clude in its application to the Secretary, a statement that

12 the State has granted, or will grant, the waivers and ex13 emptions from State requirements described in such local

14 agency’s application.

15 ‘‘SELECTION OF GRANTEES; WAIVERS

16 ‘‘SEC. 3404. (a) CRITERIA.—The Secretary shall se17 lect projects to be funded on the basis of the quality of

18 the applications, taking into consideration such factors

19 as—

20 ‘‘(1) the quality of the proposed curriculum and

21 instructional practices;

22 ‘‘(2) the degree of flexibility afforded by the

23 State and, if applicable, the local educational agency

24 to the school;

25 ‘‘(3) the extent of community support for the

26 application;
203

•S 1513 RS

1 ‘‘(4) the ambitiousness of the objectives for the

2 school;

3 ‘‘(5) the quality of the plan for assessing

4 achievement of those objectives; and

5 ‘‘(6) the likelihood that the school will meet

6 those objectives and improve educational results for

7 students.

8 ‘‘(b) PEER REVIEW.—The Secretary shall use a peer

9 review process to review applications for grants under this

10 section.

11 ‘‘(c) DIVERSITY OF PROJECTS.—The Secretary may

12 approve projects in a manner that ensures, to the extent

13 possible, that they—

14 ‘‘(1) are distributed throughout different areas

15 of the Nation, including in urban and rural areas;

16 and

17 ‘‘(2) represent a variety of educational ap18 proaches.

19 ‘‘(d) WAIVERS.—The Secretary may waive any statu20 tory or regulatory requirement that the Secretary is re21 sponsible for enforcing, except for any such requirement

22 relating to the elements of a charter school described in

23 section 3407(1), if—

24 ‘‘(1) the waiver is requested in an approved ap25 plication or by a grantee under this part; and
204

•S 1513 RS

1 ‘‘(2) the Secretary determines that granting

2 such a waiver would promote the purpose of this

3 part.

4 ‘‘USES OF FUNDS

5 ‘‘SEC. 3405. A recipient of a grant under this part

6 may use the grant funds only for—

7 ‘‘(1) post-award planning and design of the

8 educational program, which may include—

9 ‘‘(A) refinement of the desired educational

10 results and of the methods for measuring

11 progress toward achieving those results; and

12 ‘‘(B) professional development of teachers

13 and other staff who will work in the charter

14 school; and

15 ‘‘(2) initial implementation of the charter

16 school, which may include—

17 ‘‘(A) informing the community about the

18 school;

19 ‘‘(B) acquiring necessary equipment;

20 ‘‘(C) acquiring or developing curriculum

21 materials; and

22 ‘‘(D) other operational costs that cannot

23 be met from State or local sources.
205

•S 1513 RS

1 ‘‘NATIONAL ACTIVITIES

2 ‘‘SEC. 3406. The Secretary may reserve up to 10 per3 cent of the funds appropriated for this part for any fiscal

4 year for—

5 ‘‘(1) peer review of applications under section

6 3404(b);

7 ‘‘(2) an evaluation of charter schools, including

8 those assisted under this part; and

9 ‘‘(3) other activities designed to enhance the

10 success of the program authorized by this part, such

11 as bringing grantees together to share ideas and in12 formation.

13 ‘‘DEFINITIONS

14 ‘‘SEC. 3407. As used in this part, the following terms

15 have the following meanings:

16 ‘‘(1) The term ‘charter school’ means a school

17 that—

18 ‘‘(A) in accordance with an enabling State

19 statute, is exempted from significant State or

20 local rules that inhibit the flexible operation

21 and management of public schools, but not

22 from any rules relating to the other require23 ments of this paragraph;

24 ‘‘(B) is created by a developer as a public

25 school, or is adapted by a developer from an ex26 isting public school;
206

•S 1513 RS

1 ‘‘(C) operates in pursuit of a specific set of

2 educational objectives determined by the

3 school’s developer and agreed to by the State or

4 local educational agency applying for a grant on

5 behalf of the school;

6 ‘‘(D) provides a program of elementary or

7 secondary education, or both;

8 ‘‘(E) is nonsectarian in its programs, ad9 missions policies, employment practices, and all

10 other operations, and is not affiliated with a

11 sectarian school or religious institution;

12 ‘‘(F) does not charge tuition;

13 ‘‘(G) complies with the Age Discrimination

14 Act, title VI of the Civil Rights Act of 1964,

15 title IX of the Education Amendments of 1972,

16 section 504 of the Rehabilitation Act of 1973,

17 and part B of the Individuals with Disabilities

18 Education Act;

19 ‘‘(H) admits students on the basis of a lot20 tery, if more students apply for admission than

21 can be accommodated;

22 ‘‘(I) agrees to comply with the same Fed23 eral and State audit requirements as do other

24 schools in the State, unless such requirements
207

•S 1513 RS

1 are specifically waived for the purpose of this

2 program; and

3 ‘‘(J) meets all applicable Federal, State,

4 and local health and safety requirements.

5 ‘‘(2) The term ‘developer’ means an individual

6 or group of individuals (including a public or private

7 nonprofit organization), which may include teachers,

8 administrators and other school staff, parents, or

9 other members of the local community in which a

10 charter school project will be carried out.

11 ‘‘(3) The term ‘eligible applicant’ means a State

12 educational agency or local educational agency, in

13 partnership with a developer.

14 ‘‘AUTHORIZATION OF APPROPRIATIONS

15 ‘‘SEC. 3408. For the purpose of carrying out this

16 part, there are authorized to be appropriated such sums

17 as may be necessary for each of the fiscal years 1995

18 through 1999.

19 ‘‘PART E—ARTS IN EDUCATION

20 ‘‘SUPPORT FOR ARTS EDUCATION

21 ‘‘SEC. 3501. (a) FINDINGS.—The Congress finds

22 that—

23 ‘‘(1) the arts are forms of understanding and

24 ways of knowing that are fundamentally important

25 to education;
208

•S 1513 RS

1 ‘‘(2) the arts are important to excellent edu2 cation and to effective school reform;

3 ‘‘(3) the most significant contribution of the

4 arts to education reform is the transformation of

5 teaching and learning;

6 ‘‘(4) this transformation is best realized in the

7 context of comprehensive, systemic education reform;

8 ‘‘(5) demonstrated competency in the arts for

9 American students is among the National Education

10 Goals; and

11 ‘‘(6) arts education should be an integral part

12 of the elementary and secondary school curriculum.

13 ‘‘(b) PURPOSE.—The purposes of this part are to—

14 ‘‘(1) support systemic education reform by

15 strengthening arts education as an integral part of

16 the elementary and secondary school curriculum;

17 ‘‘(2) help ensure that all students have the op18 portunity to learn to challenging standards in the

19 arts; and

20 ‘‘(3) support the national effort to enable all

21 students to demonstrate competence in the arts in

22 accordance with the National Education Goals.

23 ‘‘(c) ELIGIBLE RECIPIENTS.—In order to carry out

24 the purposes of this part, the Secretary is authorized to
209

•S 1513 RS

1 make grants to, or enter into contracts or cooperative

2 agreements with—

3 ‘‘(1) State educational agencies;

4 ‘‘(2) local educational agencies;

5 ‘‘(3) institutions of higher education; and

6 ‘‘(4) other public and private agencies, institu7 tions, and organizations.

8 ‘‘(d) AUTHORIZED ACTIVITIES.—Funds under this

9 part may be used for—

10 ‘‘(1) research on arts education;

11 ‘‘(2) the development of, and dissemination of

12 information about, model arts education programs;

13 ‘‘(3) the development of model arts education

14 assessments based on high standards;

15 ‘‘(4) the development and implementation of

16 curriculum frameworks for arts education;

17 ‘‘(5) the development of model preservice and

18 inservice professional development programs for arts

19 educators and other instructional staff;

20 ‘‘(6) supporting collaborative activities with

21 other Federal agencies or institutions involved in

22 arts education, such as the National Endowment for

23 the Arts, the Institute of Museum Services, the John

24 F. Kennedy Center for the Performing Arts, and the

25 National Gallery of Art;
210

•S 1513 RS

1 ‘‘(7) supporting model projects and programs in

2 the performing arts for children and youth through

3 arrangements made with the John F. Kennedy Cen4 ter for the Performing Arts;

5 ‘‘(8) supporting model projects and programs in

6 the arts for individuals with disabilities through ar7 rangements with the organization, Very Special

8 Arts;

9 ‘‘(9) supporting model projects and programs to

10 integrate arts education into the regular elementary

11 and secondary school curriculum; and

12 ‘‘(10) other activities that further the purposes

13 of this part.

14 ‘‘(e) COORDINATION.—(1) A recipient of funds under

15 this part shall, to the extent possible, coordinate its project

16 with appropriate activities of public and private cultural

17 agencies, institutions, and organizations, including muse18 ums, arts education associations, libraries, and theaters.

19 ‘‘(2) In carrying out this part, the Secretary shall co20 ordinate with the National Endowment for the Arts, the

21 Institute of Museum Services, the John F. Kennedy Cen22 ter for the Performing Arts, and the National Gallery of

23 Art.

24 ‘‘(f) AUTHORIZATION.—For the purpose of carrying

25 out this part, there are authorized to be appropriated such
211

•S 1513 RS

1 sums as may be necessary for each of the fiscal years 1995

2 through 1999.

3 ‘‘PART F—INEXPENSIVE BOOK DISTRIBUTION PROGRAM

4 ‘‘INEXPENSIVE BOOK DISTRIBUTION PROGRAM FOR

5 READING MOTIVATION

6 ‘‘SEC. 3601. (a) AUTHORIZATION.—The Secretary is

7 authorized to enter into a contract with Reading is Fun8 damental (RIF) (hereinafter in this section referred to as

9 ‘the contractor’) to support and promote programs, which

10 include the distribution of inexpensive books to students,

11 that motivate children to read.

12 ‘‘(b) REQUIREMENTS OF CONTRACT.—Any contract

13 entered into under subsection (a) shall—

14 ‘‘(1) provide that the contractor will enter into

15 subcontracts with local private nonprofit groups or

16 organizations or with public agencies under which

17 each subcontractor will agree to establish, operate,

18 and provide the non-Federal share of the cost of

19 reading motivation programs that include the dis20 tribution of books, by gift or loan, to preschool, ele21 mentary, and secondary school children;

22 ‘‘(2) provide that funds made available by the

23 Secretary will be used by the contractor only to pay

24 the Federal share of the cost of such programs;
212

•S 1513 RS

1 ‘‘(3) provide that in selecting subcontractors for

2 initial funding, the contractor will give priority to

3 programs that will serve a substantial number or

4 percentage of children with special needs, such as—

5 ‘‘(A) low-income children, particularly in

6 high-poverty areas;

7 ‘‘(B) children at risk of school failure;

8 ‘‘(C) children with disabilities, including

9 children with serious emotional disturbance;

10 ‘‘(D) foster children;

11 ‘‘(E) homeless children;

12 ‘‘(F) migrant children;

13 ‘‘(G) children without access to libraries;

14 ‘‘(H) institutionalized or incarcerated chil15 dren; and

16 ‘‘(I) children whose parents are institu17 tionalized or incarcerated;

18 ‘‘(4) provide that the contractor will not provide

19 Federal assistance under this section to any sub20 contractor for more than five years after the date of

21 enactment of the Improving America’s Schools Act

22 of 1993 or the beginning of the subcontractor’s pro23 gram under this section (or its predecessor author24 ity), whichever comes later, except that the contrac-
213

•S 1513 RS

1 tor may continue to provide such assistance beyond

2 such date if—

3 ‘‘(A) the program qualifies for priority

4 treatment under paragraph (3); and

5 ‘‘(B) the contractor determines that, be6 cause of severe economic hardship facing the

7 subcontractor and the local area it serves, the

8 local program will be unable to continue with9 out additional assistance under this section;

10 ‘‘(5) provide that, not later than three years

11 from the date of enactment of the Improving Ameri12 ca’s Schools Act of 1993, the contractor will cease

13 providing Federal assistance under this section to

14 any subcontractor whose program—

15 ‘‘(A) received such assistance under section

16 1563 of this Act, as in effect before the date of

17 enactment of the Improving America’s Schools

18 Act of 1993; and

19 ‘‘(B) does not qualify for priority treat20 ment under paragraph (3);

21 ‘‘(6) provide that the contractor will provide

22 such technical assistance to subcontractors as may

23 be necessary to carry out the purpose of this section;
214

•S 1513 RS

1 ‘‘(7) provide that the contractor will annually

2 report to the Secretary the number of, and describe,

3 programs funded under paragraph (3); and

4 ‘‘(8) include such other terms and conditions as

5 the Secretary determines to be appropriate to ensure

6 the effectiveness of such programs.

7 ‘‘(c) RESTRICTION ON PAYMENTS.—The Secretary

8 shall make no payment of the Federal share of the cost

9 of acquiring and distributing books under any contract

10 under this section unless the Secretary determines that

11 the contractor or subcontractor, as the case may be, has

12 made arrangements with book publishers or distributors

13 to obtain books at discounts at least as favorable as dis14 counts that are customarily given by such publisher or dis15 tributor for book purchases made under similar cir16 cumstances in the absence of Federal assistance.

17 ‘‘(d) DEFINITION OF ‘FEDERAL SHARE’.—For the

18 purpose of this section, the term ‘Federal share’ means

19 the portion of the cost to a subcontractor of purchasing

20 books to be paid with funds made available under this sec21 tion. The Federal share shall be established by the Sec22 retary, and shall not exceed 75 percent, except for books

23 to be distributed to children of migrant or seasonal farm24 workers.
215

•S 1513 RS

1 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—For the

2 purpose of carrying out this section, there are authorized

3 to be appropriated such sums as may be needed for each

4 of the fiscal years 1995 through 1999.

5 ‘‘TITLE IV—SAFE AND DRUG-FREE SCHOOLS

6 AND COMMUNITIES

7 ‘‘FINDINGS

8 ‘‘SEC. 4001. The Congress finds as follows:

9 ‘‘(1) National Education Goal Six provides that

10 by the year 2000, all schools in America will be free

11 of drugs and violence and offer a disciplined environ12 ment that is conducive to learning.

13 ‘‘(2) The widespread use of alcohol and other

14 drugs among the Nation’s secondary school stu15 dents, and increasingly by students in elementary

16 schools as well, constitutes a grave threat to their

17 physical and mental well-being, and significantly im18 pedes the learning process. For example, data show

19 that students who drink tend to receive lower grades

20 and are more likely to miss school because of illness

21 than students who do not drink.

22 ‘‘(3) Our Nation’s schools and communities are

23 increasingly plagued by violence and crime. Approxi24 mately three million thefts and violent crimes occur

25 in or near our Nation’s schools every year, the
216

•S 1513 RS

1 equivalent of more than 16,000 incidents per school

2 day. Approximately one of every five high school stu3 dents now carries a firearm, knife, or club on a reg4 ular basis.

5 ‘‘(4) The tragic consequences of violence and

6 the illegal use of alcohol and other drugs by students

7 are felt not only by students and their families, but

8 by their communities and the Nation, which can ill

9 afford to lose their skills, talents, and vitality.

10 ‘‘(5) Alcohol and tobacco (nicotine) are the

11 most widely used drugs among young people today.

12 Both of these drugs can, and do, have adverse con13 sequences for users, their families, communities,

14 schools, and colleges. Drug prevention programs for

15 youth that address only controlled drugs send an er16 roneous message that alcohol and tobacco do not

17 present significant problems, or that society is will18 ing to overlook their use. To be credible, messages

19 opposing illegal drug use by youth should address all

20 drugs.

21 ‘‘(6) Drug and violence prevention programs

22 are essential components of a comprehensive strat23 egy to promote school safety and to reduce the de24 mand for and use of drugs throughout the Nation.

25 Schools and local organizations in communities
217

•S 1513 RS

1 throughout the Nation have a special responsibility

2 to work together to combat the growing epidemic of

3 violence and illegal drug use and should measure the

4 success of their programs against clearly defined

5 goals and objectives.

6 ‘‘(7) Students must take greater responsibility

7 for their own well-being, health, and safety if schools

8 and communities are to achieve their goals of provid9 ing a safe, disciplined, and drug-free learning envi10 ronment.

11 ‘‘PURPOSE

12 ‘‘SEC. 4002. The purpose of this title is to support

13 programs to meet Goal Six of the National Educational

14 Goals by preventing violence in and around schools and

15 by strengthening programs that prevent the illegal use of

16 alcohol and other drugs, involve parents, and are coordi17 nated with related Federal, State, and community efforts

18 and resources, through the provision of Federal assistance

19 to—

20 ‘‘(1) States for grants to local and intermediate

21 educational agencies and consortia to establish, oper22 ate, and improve local programs of school drug and

23 violence prevention, early intervention, rehabilitation

24 referral, and education in elementary and secondary

25 schools (including intermediate and junior high

26 schools);
218

•S 1513 RS

1 ‘‘(2) States for grants to, and contracts with,

2 community-based organizations and other public and

3 private nonprofit agencies and organizations for pro4 grams of drug and violence prevention, early inter5 vention, rehabilitation referral, and education;

6 ‘‘(3) States for development, training, technical

7 assistance, and coordination activities;

8 ‘‘(4) institutions of higher education to estab9 lish, operate, expand, and improve programs of

10 school drug and violence prevention, education, and

11 rehabilitation referral for students enrolled in col12 leges and universities;

13 ‘‘(5) a national center to provide training and

14 technical assistance to institutions providing post15 secondary education in developing and implementing

16 model programs and strategies to prevent violence

17 and illegal drug use by students at such institutions;

18 and

19 ‘‘(6) public and private nonprofit organizations

20 to conduct training, demonstrations, research, and

21 evaluation, and to provide supplementary services

22 for the prevention of drug use and violence among

23 students and youth.

24 ‘‘AUTHORIZATION OF APPROPRIATIONS

25 ‘‘SEC. 4003. There are authorized to be appro26 priated—
219

•S 1513 RS

1 ‘‘(1) for State grants under part A, such sums

2 as may be necessary for each of fiscal years 1995

3 through 1999;

4 ‘‘(2) for postsecondary programs under part B,

5 such sums as may be necessary for each of fiscal

6 years 1995 through 1999; and

7 ‘‘(3) for national programs under part C, such

8 sums as may be necessary for each of fiscal years

9 1995 through 1999.

10 ‘‘PART A—STATE GRANTS FOR DRUG AND VIOLENCE

11 PREVENTION PROGRAMS

12 ‘‘RESERVATIONS AND ALLOTMENTS

13 ‘‘SEC. 4101. (a) RESERVATIONS.—From the amount

14 appropriated for each fiscal year under section 4003(1),

15 the Secretary—

16 ‘‘(1) shall reserve no more than one-half of 1

17 percent of such amount for grants under this part

18 to Guam, American Samoa, the Virgin Islands, the

19 Commonwealth of the Northern Mariana Islands,

20 and Palau (until the effective date of the Compact

21 of Free Association with the Government of Palau),

22 to be allotted in accordance with the Secretary’s de23 termination of their respective needs;

24 ‘‘(2) shall reserve no more than 1 percent of

25 such amount for the Secretary of the Interior to
220

•S 1513 RS

1 carry out programs under this part for Indian youth;

2 and

3 ‘‘(3) may reserve no more than $1,000,000 for

4 the national impact evaluation required by section

5 4108(a).

6 ‘‘(b) STATE ALLOTMENTS.—(1) Except as provided

7 under paragraph (2), the Secretary shall, for each fiscal

8 year, allocate among the States—

9 ‘‘(A) one-half of the remainder not reserved

10 under subsection (a) according to the ratio between

11 the school-aged population of each State and the

12 school-aged population of all the States; and

13 ‘‘(B) one-half of such remainder according to

14 the ratio between the amount each State received

15 under section 1122 of this Act for the preceding

16 year (or, for fiscal year 1995 only, sections 1005

17 and 1006 of this Act as in effect on the day before

18 enactment of the Improving America’s Schools Act

19 of 1993) and the sum of such amounts received by

20 all the States.

21 ‘‘(2) For any fiscal year, no State shall be allotted

22 under this subsection an amount that is less than one23 half of 1 percent of the total amount allotted to all the

24 States under this subsection.
221

•S 1513 RS

1 ‘‘(3) The Secretary may reallot any amount of any

2 allotment to a State if the Secretary determines that the

3 State will be unable to use such amount within two years

4 of such allotment. Such reallotments may be made on

5 whatever basis the Secretary determines would best serve

6 the purposes of this title.

7 ‘‘(4) For the purpose of this subsection, the term

8 ‘State’ means each of the 50 States, the District of Colum9 bia, and the Commonwealth of Puerto Rico.

10 ‘‘STATE DRUG AND VIOLENCE PREVENTION

11 COORDINATING COUNCIL

12 ‘‘SEC. 4102. (a) ESTABLISHMENT OF COUNCIL.—No

13 State may receive its allotment under section 4101 unless

14 its chief executive officer establishes a State Drug and Vi15 olence Prevention Coordinating Council (or designates an

16 existing body to perform the functions of such a Council)

17 to advise him or her and the chief State school officer on

18 the development and implementation of the State’s appli19 cation under section 4103.

20 ‘‘(b) MEMBERSHIP.—(1) The chief executive officer,

21 the chief State school officer, the head of the State alcohol

22 and drug abuse agency, the heads of the State health and

23 mental health agencies, and the head of the State criminal

24 justice planning agency, or their designees, shall be mem25 bers of the Council.
222

•S 1513 RS

1 ‘‘(2) The chief executive officer shall also appoint rep2 resentatives of other appropriate State agencies or offices

3 as members of the Council.

4 ‘‘(c) FUNCTIONS OF COUNCIL.—The Council estab5 lished or designated under this section shall—

6 ‘‘(1) review and comment on the development of

7 the State’s application under section 4103, including

8 the chief executive officer’s and State education

9 agency’s comprehensive plans under sections 4103

10 (b) and (c);

11 ‘‘(2) disseminate information about drug and

12 violence prevention initiatives within the State, in13 cluding programs funded under sections 4104 and

14 4105;

15 ‘‘(3) advise the chief executive officer and the

16 State educational agency on how to coordinate the

17 State’s activities under this part with other available

18 resources; and

19 ‘‘(4) advise the chief executive officer and the

20 State educational agency on the planning and imple21 mentation of program evaluation activities and make

22 recommendations on how to improve the State’s pro23 gram, including the formulation of measurable goals.

24 ‘‘STATE APPLICATIONS

25 ‘‘SEC. 4103. (a) IN GENERAL.—In order to receive

26 its allotment under section 4101 for any fiscal year, a
223

•S 1513 RS

1 State shall submit to the Secretary, at such time as the

2 Secretary may require, an application that—

3 ‘‘(1)(A)(i) is integrated into the State’s plan,

4 either approved or being developed, under title III of

5 the Goals 2000: Educate America Act, and satisfies

6 the requirements of this section that are not already

7 addressed by that plan; and

8 ‘‘(ii) is submitted, if necessary, as an amend9 ment to the State’s plan under title III of the Goals

10 2000: Educate America Act; or

11 ‘‘(B) if the State does not have an approved

12 plan under title III of the Goals 2000: Educate

13 America Act and is not developing such a plan, is

14 integrated with other State plans under this Act and

15 satisfies the requirements of this section;

16 ‘‘(2) contains the results of the State’s needs

17 assessment for drug and violence prevention pro18 grams, which shall be based on the results of on19 going State evaluation activities, including data on

20 the prevalence of drug use and violence by youth in

21 schools and communities;

22 ‘‘(3) contains a list of the members, and the in23 terests or organizations they represent, of the State

24 Drug and Violence Prevention Coordinating Council;
224

•S 1513 RS

1 ‘‘(4) contains a description of the procedures

2 the State educational agency will use to review appli3 cations from local educational agencies under section

4 4106;

5 ‘‘(5) contains an assurance that the State will

6 cooperate with, and assist, the Secretary in conduct7 ing a national impact evaluation of programs re8 quired by section 4108(a); and

9 ‘‘(6) includes any other information the Sec10 retary may require.

11 ‘‘(b) GOVERNOR’S FUNDS.—A State’s application

12 under this section shall also contain a comprehensive plan

13 for the use of funds under section 4104(a) by the chief

14 executive officer that includes—

15 ‘‘(1) a statement of the chief executive officer’s

16 measurable goals and objectives for drug and vio17 lence prevention and a description of the procedures

18 to be used for assessing and publicly reporting

19 progress toward meeting those goals and objectives;

20 ‘‘(2) a description of how the chief executive of21 ficer will coordinate his or her activities under this

22 part with the State educational agency and other

23 State agencies and organizations involved with drug

24 and violence prevention efforts;
225

•S 1513 RS

1 ‘‘(3) a description of how funds reserved under

2 section 4104(a) will be used so as not to duplicate

3 the efforts of the State educational agency and local

4 educational agencies with regard to the provision of

5 school-based prevention efforts and services and how

6 those funds will be used to serve populations not

7 normally served by the State educational agency,

8 such as school dropouts and youth in detention cen9 ters;

10 ‘‘(4) a description of how the chief executive of11 ficer will award funds under section 4104(a) and a

12 plan for monitoring the performance of, and provid13 ing technical assistance to, recipients of such funds;

14 and

15 ‘‘(5) a description of how funds will be used to

16 support community-wide comprehensive drug and

17 violence prevention planning.

18 ‘‘(c) STATE EDUCATIONAL AGENCY FUNDS.—A

19 State’s application under this section shall also contain a

20 comprehensive plan for the use of funds under section

21 4105(a) by the State educational agency that includes—

22 ‘‘(1) a statement of the State educational agen23 cy’s measurable goals and objectives for drug and

24 violence prevention and a description of the proce-
226

•S 1513 RS

1 dures it will use for assessing and publicly reporting

2 progress toward meeting those goals and objectives;

3 ‘‘(2) a plan for monitoring the implementation

4 of, and providing technical assistance regarding, the

5 drug and violence prevention programs conducted by

6 local educational agencies in accordance with section

7 4107;

8 ‘‘(3) a description of how the State educational

9 agency will use funds it reserves under section

10 4105(b);

11 ‘‘(4) a description of how the State educational

12 agency will coordinate its activities under this part

13 with the chief executive officer’s drug and violence

14 prevention programs under this part and with the

15 prevention efforts of other State agencies; and

16 ‘‘(5) an explanation of the criteria the State

17 educational agency will use to identify which local

18 educational agencies receive supplemental funds

19 under section 4105(d)(2)(A)(ii) and how the supple20 mental funds will be allocated among those local

21 educational agencies.

22 ‘‘(d) PEER REVIEW.—The Secretary shall use a peer

23 review process in reviewing State applications under this

24 section.
227

•S 1513 RS

1 ‘‘(e) INTERIM APPLICATION.—Notwithstanding any

2 other provisions of this section, a State may submit for

3 fiscal year 1995 a one-year interim application and plan

4 for the use of funds under this part that are consistent

5 with the requirements of this section and contain such in6 formation as the Secretary may specify in regulations. The

7 purpose of such interim application and plan shall be to

8 afford the State the opportunity to fully develop and re9 view its application and comprehensive plan otherwise re10 quired by this section. A State may not receive a grant

11 under this part for a fiscal year subsequent to fiscal year

12 1995 unless the Secretary has approved its application

13 and comprehensive plan.

14 ‘‘GOVERNOR’S PROGRAMS

15 ‘‘SEC. 4104. (a) USE OF FUNDS.—(1) An amount

16 equal to 20 percent of the total amount allocated to a

17 State under section 4101 for each fiscal year shall be used

18 by the chief executive officer of such State for drug and

19 violence prevention programs and activities in accordance

20 with this section.

21 ‘‘(2) A chief executive officer may use no more than

22 5 percent of the amount reserved under subsection (a)(1)

23 for the administrative costs incurred in carrying out the

24 duties of such officer under this section, including the cost

25 of the State Drug and Violence Prevention Coordinating

26 Council under section 4102(a).
228

•S 1513 RS

1 ‘‘(b) PROGRAMS AUTHORIZED.—(1) A chief executive

2 officer shall use funds reserved under subsection (a)(1) for

3 grants to or contracts with parent groups, community

4 action and job training agencies, community-based organi5 zations, and other public entities and private nonprofit or6 ganizations. Such grants or contracts shall support pro7 grams and activities described in subsection (c) for chil8 dren and youth who are not normally served by State or

9 local educational agencies, for populations that need spe10 cial services or additional resources (such as preschoolers,

11 youth in juvenile detention facilities, runaway or homeless

12 children and youth, and dropouts), or both.

13 ‘‘(2) Grants or contracts awarded under this sub14 section shall be subject to a peer review process.

15 ‘‘(c) AUTHORIZED ACTIVITIES.—Grants and con16 tracts under subsection (b) shall be used for programs and

17 activities such as—

18 ‘‘(1) disseminating information about drug and

19 violence prevention;

20 ‘‘(2) training parents, law enforcement officials,

21 judicial officials, social service providers, health serv22 ice providers and community leaders about drug and

23 violence prevention, education, early intervention,

24 counseling, or rehabilitation referral;
229

•S 1513 RS

1 ‘‘(3) developing and implementing comprehen2 sive, community-based drug and violence prevention

3 programs that link community resources with

4 schools and integrate services involving education,

5 vocational and job skills training, law enforcement,

6 health, mental health, and other appropriate serv7 ices;

8 ‘‘(4) planning and implementing drug and vio9 lence prevention activities that coordinate the efforts

10 of State agencies with those of the State educational

11 agency and its local educational agencies;

12 ‘‘(5) activities to protect students traveling to

13 and from school;

14 ‘‘(6) developing and implementing strategies to

15 prevent illegal gang activity;

16 ‘‘(7) coordinating and conducting community17 wide violence and safety assessments and surveys;

18 and

19 ‘‘(8) evaluating programs and activities under

20 this section.

21 ‘‘STATE AND LOCAL EDUCATIONAL AGENCY PROGRAMS

22 ‘‘SEC. 4105. (a) USE OF FUNDS.—An amount equal

23 to 80 percent of the total amount allocated to a State

24 under section 4101 for each fiscal year shall be used by

25 the State educational agency and its local educational
230

•S 1513 RS

1 agencies for drug and violence prevention activities in ac2 cordance with this section.

3 ‘‘(b) STATE LEVEL PROGRAMS.—(1) A State edu4 cational agency shall use no more than 5 percent of the

5 amount reserved under subsection (a) for activities such

6 as—

7 ‘‘(A) training and technical assistance concern8 ing drug and violence prevention for local and inter9 mediate educational agencies, including teachers, ad10 ministrators, coaches and athletic directors, other

11 educational personnel, parents, students, community

12 leaders, health service providers, local law enforce13 ment officials, and judicial officials;

14 ‘‘(B) the development, identification, dissemina15 tion and evaluation of the most readily available, ac16 curate, and up-to-date curriculum materials, for con17 sideration by local educational agencies;

18 ‘‘(C) demonstration projects in drug and vio19 lence prevention;

20 ‘‘(D) financial assistance to enhance resources

21 available for drug and violence prevention in areas

22 serving large numbers of economically disadvantaged

23 children or sparsely populated areas, or to meet

24 other special needs consistent with the purposes of

25 this part; and
231

•S 1513 RS

1 ‘‘(E) evaluation activities required by this sub2 part.

3 ‘‘(2) A State educational agency may carry out activi4 ties under this subsection directly, or through grants or

5 contracts.

6 ‘‘(c) STATE ADMINISTRATION.—A State educational

7 agency may use no more than 5 percent of the amount

8 reserved under subsection (a) for the administrative costs

9 of carrying out its responsibilities under this part.

10 ‘‘(d) LOCAL EDUCATIONAL AGENCY PROGRAMS.—(1)

11 A State educational agency shall distribute not less than

12 90 percent of the amount reserved under subsection (a)

13 for each fiscal year to local educational agencies in accord14 ance with this subsection.

15 ‘‘(2)(A) Of the amount distributed under subsection

16 (d)(1), a State educational agency shall distribute—

17 ‘‘(i) 70 percent of such amount to local edu18 cational agencies, based on the relative enrollments

19 in public and private nonprofit schools within their

20 boundaries; and

21 ‘‘(ii) 30 percent of such amount to local edu22 cational agencies that the State educational agency

23 determines have the greatest need for additional

24 funds to carry out drug and violence prevention pro25 grams authorized by this part.
232

•S 1513 RS

1 ‘‘(B)(i) A State educational agency shall distribute

2 funds under subparagraph (A)(ii) to no more than 10 per3 cent of its local educational agencies, or five such agencies,

4 whichever is greater.

5 ‘‘(ii) In determining which local educational agencies

6 have the greatest need for additional funds, the State edu7 cational agency shall consider factors such as—

8 ‘‘(I) high rates of alcohol or other drug use

9 among youth;

10 ‘‘(II) high rates of victimization of youth by vio11 lence and crime;

12 ‘‘(III) high rates of arrests and convictions of

13 youth for violent or drug- or alcohol-related crime;

14 ‘‘(IV) the extent of illegal gang activity;

15 ‘‘(V) high rates of referrals of youths to drug

16 and alcohol abuse treatment and rehabilitation pro17 grams;

18 ‘‘(VI) high rates of referrals of youths to juve19 nile court; and

20 ‘‘(VII) high rates of expulsions and suspensions

21 of students from schools.

22 ‘‘(e) REALLOCATION OF FUNDS.—If a local edu23 cational agency chooses not to apply to receive the amount

24 allocated to it under subsection (d), or if its application

25 under section 4106 is disapproved by the State edu-
233

•S 1513 RS

1 cational agency, the State educational agency shall reallo2 cate such amount to one or more of the local education

3 agencies determined by the State educational agency

4 under subsection (d)(2)(B) to have the greatest need for

5 additional funds.

6 ‘‘LOCAL APPLICATIONS

7 ‘‘SEC. 4106. (a) IN GENERAL.—(1) In order to be

8 eligible to receive an allocation under section 4105(d) for

9 any fiscal year, a local educational agency shall submit,

10 at such time as the State educational agency requires, an

11 application to the State educational agency for approval.

12 Such an application shall be amended, as necessary, to re13 flect changes in the local educational agency’s program.

14 ‘‘(2)(A) A local educational agency shall develop its

15 application under subsection (a)(1) in consultation with

16 a local or substate regional advisory council that includes,

17 to the extent possible, representatives of local government,

18 business, parents, students, teachers, appropriate State

19 agencies, private schools, the medical profession, law en20 forcement, community-based organizations, and other

21 groups with interest and expertise in drug and violence

22 prevention.

23 ‘‘(B) In addition to assisting the local educational

24 agency to develop its application under this section, the

25 advisory council established or designated under para26 graph (2)(A) shall, on an on-going basis—
234

•S 1513 RS

1 ‘‘(i) disseminate information about drug and vi2 olence prevention programs, projects, and activities

3 conducted within the boundaries of the local edu4 cational agency;

5 ‘‘(ii) advise the local educational agency on how

6 best to coordinate its activities under this part with

7 other related programs, projects, and activities and

8 the agencies that administer them; and

9 ‘‘(iii) review program evaluations and other rel10 evant material and make recommendations to the

11 local educational agency on how to improve its drug

12 and violence prevention programs.

13 ‘‘(b) CONTENTS OF APPLICATIONS.—An application

14 under this section shall contain—

15 ‘‘(1) a needs assessment of the current alcohol,

16 tobacco, and other drug problems as well as the vio17 lence, safety, and discipline problems among stu18 dents who attend the schools of the applicant (in19 cluding private school students who participate in

20 the applicant’s drug and violence prevention pro21 gram) that is based on on-going local assessment or

22 evaluation activities;

23 ‘‘(2) a detailed explanation of the local edu24 cational agency’s comprehensive plan for drug and
235

•S 1513 RS

1 violence prevention, which shall include a description

2 of—

3 ‘‘(A) how that plan is consistent with, and

4 promotes the goals in, the State’s application

5 under section 4103 and the local educational

6 agency’s plan, either approved or being devel7 oped, under title III of the Goals 2000: Educate

8 America Act, or, if the local educational agency

9 does not have such an approved plan and is not

10 developing one, its plan under section 1112 of

11 this Act;

12 ‘‘(B) the local educational agency’s meas13 urable goals for drug and violence prevention,

14 and a description of how it will assess and pub15 licly report progress toward attaining these

16 goals;

17 ‘‘(C) if the local educational agency intends

18 to use funds under this part to implement an

19 expanded drug and violence prevention program

20 under section 4107(c), an explanation of how

21 the local educational agency is already meeting

22 the requirements of a basic drug and violence

23 prevention program under section 4107(b), re24 gardless of the source of funds used;
236

•S 1513 RS

1 ‘‘(D) how the local educational agency will

2 use its regular allocation under section

3 4105(d)(2)(A)(i) and its supplemental alloca4 tion, if any, under section 4105(d)(2)(A)(ii);

5 ‘‘(E) how the local educational agency will

6 coordinate its programs and projects with com7 munity-wide efforts to achieve its goals for drug

8 and violence prevention; and

9 ‘‘(F) how the local education agency will

10 coordinate its programs and projects with other

11 Federal, State, and local programs for drug12 abuse prevention, including health programs;

13 and

14 ‘‘(3) such other information and assurances as

15 the State educational agency may reasonably re16 quire.

17 ‘‘(c) REVIEW OF APPLICATION.—(1) A State edu18 cational agency shall use a peer review process in review19 ing local applications under this section.

20 ‘‘(2)(A) In determining whether to approve the appli21 cation of a local educational agency under this section, a

22 State educational agency shall consider the quality of the

23 local educational agency’s comprehensive plan under sub24 section (b)(2) and the extent to which it is consistent with,

25 and supports, the State’s application under section 4103
237

•S 1513 RS

1 and the State’s plan under the Goals 2000: Educate

2 America Act, and, if the State does not have such a plan,

3 its plan under section 1111 of this Act.

4 ‘‘(B) A State educational agency shall not permit a

5 local educational agency to use funds under this part to

6 implement an expanded drug and violence prevention pro7 gram under section 4107(c) unless it determines that the

8 local educational agency is already meeting (regardless of

9 the source of funds) the requirements of a basic drug and

10 violence prevention program under section 4107(b).

11 ‘‘(C) A State educational agency may disapprove a

12 local educational agency application under this section in

13 whole or in part and may withhold, limit, or place restric14 tions on the use of funds allotted to such a local edu15 cational agency in a manner the State educational agency

16 determines will best promote the purposes of this part or

17 the State’s plan under the Goals 2000: Educate America

18 Act, and if the State does not have such a plan, its plan

19 under section 1111 of this Act.

20 ‘‘LOCAL DRUG AND VIOLENCE PREVENTION PROGRAMS

21 ‘‘SEC. 4107. (a) USE OF FUNDS.—Except as per22 mitted under subsection (c), a local educational agency

23 shall use funds received under this part to adopt and im24 plement a basic drug and violence prevention program de25 scribed under subsection (b).
238

•S 1513 RS

1 ‘‘(b) BASIC PROGRAM.—(1) A basic drug and violence

2 prevention program under this part shall—

3 ‘‘(A) be designed, for all students and employ4 ees, to—

5 ‘‘(i) prevent the illegal use, possession, and

6 distribution of alcohol, tobacco, and other

7 drugs;

8 ‘‘(ii) prevent violence and promote school

9 safety; and

10 ‘‘(iii) create a disciplined environment con11 ducive to learning;

12 ‘‘(B) include mandatory standards of conduct

13 for students and employees, which clearly describe

14 the sanctions that will be imposed for violations of

15 the standards and which are distributed to all stu16 dents, parents, and employees;

17 ‘‘(C) include, with respect to drug prevention—

18 ‘‘(i) age-appropriate, developmentally based

19 education and prevention programs for all stu20 dents, from the early childhood level through

21 grade 12, that address the legal, social and

22 health consequences of the use of illegal drugs,

23 promote a sense of individual responsibility, and

24 provide information about effective techniques

25 for resisting peer pressure to use illegal drugs;
239

•S 1513 RS

1 ‘‘(ii) professional development programs

2 for school personnel who provide the education

3 and prevention programs required by subsection

4 (b)(1)(C)(i);

5 ‘‘(iii) activities to promote the involvement

6 of parents and coordination with community

7 groups and agencies, including the distribution

8 of information about the local educational agen9 cy’s needs assessments, goals, and programs

10 under subsection (b)(1)(C)(i); and

11 ‘‘(iv) the distribution of information to all

12 students and employees about resources for

13 drug and alcohol counseling, rehabilitation, and

14 re-entry programs that are available in the com15 munity; and

16 ‘‘(D) include, with respect to violence preven17 tion—

18 ‘‘(i) age-appropriate, developmentally based

19 education and prevention programs for all stu20 dents, from the early childhood level through

21 grade 12, that address the legal, personal, and

22 social consequences of violent and disruptive be23 havior, including sexual harassment, and that

24 include activities designed to help students de25 velop a sense of individual responsibility and re-
240

•S 1513 RS

1 spect for the rights of others, and to resolve

2 conflicts without violence;

3 ‘‘(ii) professional development programs

4 for school personnel who provide the education

5 and prevention programs required by subsection

6 (b)(1)(D)(i);

7 ‘‘(iii) activities to promote the involvement

8 of parents and coordination with community

9 groups and agencies, including the distribution

10 of information about the local educational agen11 cy’s needs assessment, goals and programs

12 under subsection (b)(1)(D)(i); and

13 ‘‘(iv) the distribution of information to all

14 students and employees about resources for

15 counseling, re-entry, and conflict resolution that

16 are available in the community.

17 ‘‘(2) In implementing its basic drug and violence pre18 vention program under subsection (b) or its expanded pro19 gram under subsection (c), a local educational agency may

20 use no more than 33 percent of the funds it receives under

21 this part for any fiscal year for—

22 ‘‘(A) minor remodeling to promote security and

23 reduce the risk of violence, such as removing lockers,

24 installing better lights, and upgrading locks; and
241

•S 1513 RS

1 ‘‘(B) acquiring and installing metal detectors

2 and hiring security personnel.

3 ‘‘(c) EXPANDED PROGRAM.—(1) A local educational

4 agency that demonstrates to the satisfaction of the State

5 educational agency that it has adopted and implemented

6 a basic drug and violence prevention program described

7 under subsection (b) may use funds received under this

8 subpart to supplement its basic program, to carry out one

9 or more of the activities described in paragraph (2), or

10 both.

11 ‘‘(2) A local educational agency described in para12 graph (1) may use funds received under this subpart for—

13 ‘‘(A) programs of drug prevention, health edu14 cation, early intervention, counseling, mentoring, or

15 rehabilitation referral, which emphasize students’

16 sense of individual responsibility and may include—

17 ‘‘(i) the dissemination of information about

18 drug prevention;

19 ‘‘(ii) the training of school personnel, par20 ents, students, law enforcement officials, judi21 cial officials, health service providers, and com22 munity leaders in prevention, education, early

23 intervention, counseling, or rehabilitation refer24 ral; and
242

•S 1513 RS

1 ‘‘(iii) the implementation of strategies, in2 cluding strategies to integrate the delivery of

3 services from a variety of providers, to combat

4 illegal alcohol and other drug use, such as—

5 ‘‘(I) family counseling;

6 ‘‘(II) early intervention activities that

7 prevent family dysfunction, enhance school

8 performance, and boost attachment to

9 school and family; and

10 ‘‘(III) activities, such as community

11 service projects, that are designed to in12 crease students’ sense of community;

13 ‘‘(B) violence prevention programs for school14 aged youth, which emphasize students’ sense of indi15 vidual responsibility and may include—

16 ‘‘(i) the dissemination of information about

17 school safety and discipline;

18 ‘‘(ii) the training of school personnel, par19 ents, law enforcement officials, judicial officials,

20 and community leaders in designing and imple21 menting strategies to prevent school violence;

22 ‘‘(iii) the implementation of strategies,

23 such as conflict resolution and peer mediation

24 and the use of mentoring programs, to combat
243

•S 1513 RS

1 school violence and other forms of disruptive

2 behavior, such as sexual harassment; and

3 ‘‘(iv) comprehensive, community-wide

4 strategies to prevent or reduce illegal gang

5 activity;

6 ‘‘(C) the promotion of before- and after-school

7 recreational, instructional, cultural, and artistic pro8 grams in supervised community settings; and

9 ‘‘(D) the evaluation of any of the activities au10 thorized by subsection (c).

11 ‘‘EVALUATION AND REPORTING

12 ‘‘SEC. 4108. (a) NATIONAL IMPACT EVALUATION.—

13 The Secretary, in consultation with the Secretary of

14 Health and Human Services, the Director of the Office

15 of National Drug Control Policy, and the Attorney Gen16 eral, shall conduct an independent biennial evaluation of

17 the national impact of programs under this part and sub18 mit a report of the findings of such evaluation to the

19 President and the Congress.

20 ‘‘(b) STATE REPORT.—(1) By October 1, 1997, and

21 every third year thereafter, the chief executive officer of

22 the State, in cooperation with the State educational

23 agency, shall submit to the Secretary a report—

24 ‘‘(A) on the implementation and outcomes of

25 State programs under section 4104 and section
244

•S 1513 RS

1 4105(b) and local programs under section 4105(d),

2 as well as an assessment of their effectiveness; and

3 ‘‘(B) on the State’s progress toward attaining

4 its goals for drug and violence prevention under sec5 tions 4103 (b)(1) and (c)(1).

6 ‘‘(2) The report required by this subsection shall be—

7 ‘‘(A) in the form specified by the Secretary;

8 ‘‘(B) based on the State’s on-going evaluation

9 activities, and shall include data on the prevalence of

10 drug use and violence by youth in schools and com11 munities; and

12 ‘‘(C) made readily available to the public.

13 ‘‘(c) LOCAL EDUCATIONAL AGENCY REPORT.—Each

14 local educational agency receiving funds under this sub15 part shall submit to the State educational agency whatever

16 information, and at whatever intervals, the State requires

17 to complete the State report required by subsection (b),

18 including information on the prevalence of drug use and

19 violence by youth in the schools and the community. Such

20 information shall be made readily available to the public.

21 ‘‘PART B—POSTSECONDARY DRUG AND VIOLENCE

22 PREVENTION PROGRAMS

23 ‘‘GRANTS TO INSTITUTIONS OF HIGHER EDUCATION

24 ‘‘SEC. 4201. (a) IN GENERAL.—From funds appro25 priated under section 4003(2), the Secretary is authorized
245

•S 1513 RS

1 to make grants to, or enter into contracts with, institu2 tions of higher education, or consortia of such institutions,

3 for drug and violence prevention programs under this sec4 tion. Awards under this section shall support the develop5 ment, implementation, validation, and dissemination of

6 model programs and strategies to promote the safety of

7 students attending institutions of higher education by pre8 venting violent behavior and the illegal use of alcohol and

9 other drugs by such students.

10 ‘‘(b) APPLICATIONS.—An institution of higher edu11 cation, or consortium of such institutions, that desires to

12 receive an award under this section shall submit an appli13 cation to the Secretary at such time, in such manner, and

14 containing such information as the Secretary may reason15 ably require. The Secretary shall use a peer review process

16 for reviewing applications for funds under this section.

17 ‘‘(c) EQUITABLE PARTICIPATION.—The Secretary

18 shall make every reasonable effort to ensure the equitable

19 participation of private and public institutions of higher

20 education (including community and junior colleges), insti21 tutions of limited enrollment, and institutions in different

22 geographic regions.

23 ‘‘NATIONAL CENTER

24 ‘‘SEC. 4202. From funds appropriated under section

25 4003(2), the Secretary is authorized to support, through

26 a grant to, or a contract with, an institution of higher
246

•S 1513 RS

1 education, a public or private nonprofit organization, or

2 a for-profit organization, a national center to provide

3 training and technical assistance to institutions providing

4 postsecondary education, including for-profit institutions,

5 in developing, implementing, evaluating, validating, rep6 licating, and disseminating model programs and strategies

7 to prevent violence and the use of illegal drugs by students

8 at such institutions.

9 ‘‘PART C—NATIONAL PROGRAMS

10 ‘‘FEDERAL ACTIVITIES

11 ‘‘SEC. 4301. (a) PROGRAM AUTHORIZED.—From

12 funds appropriated under section 4003(3), the Secretary

13 of Education, in consultation with the Secretary of Health

14 and Human Services, the Director of the Office of Na15 tional Drug Control Policy, and the Attorney General,

16 shall carry out programs to prevent the illegal use of drugs

17 and violence among, and promote safety and discipline for,

18 students at all educational levels, prekindergarten through

19 postsecondary. The Secretary shall carry out such pro20 grams directly, or through grants, contracts, or coopera21 tive agreements with public and private nonprofit organi22 zations and individuals, or through agreements with other

23 Federal agencies, and shall coordinate such programs with

24 other appropriate Federal activities. Such programs may

25 include—
247

•S 1513 RS

1 ‘‘(1) the development and demonstration of in2 novative strategies for training school personnel,

3 parents, and members of the community, including

4 the demonstration of model preservice training pro5 grams for prospective school personnel;

6 ‘‘(2) demonstrations and rigorous evaluations of

7 innovative approaches to drug and violence preven8 tion;

9 ‘‘(3) drug and violence prevention research that

10 is coordinated with other Federal agencies and is di11 rected toward improving programs and activities

12 under this title;

13 ‘‘(4) program evaluations that address issues

14 not addressed under section 4108(a);

15 ‘‘(5) direct services to schools and school sys16 tems afflicted with especially severe drug and vio17 lence problems;

18 ‘‘(6) activities in communities designated as

19 empowerment zones or enterprise communities that

20 will connect schools to community-wide efforts to re21 duce drug and violence problems;

22 ‘‘(7) developing and disseminating drug and vi23 olence prevention materials, including model curric24 ula; and
248

•S 1513 RS

1 ‘‘(8) other activities that meet unmet national

2 needs related to the purposes of this title.

3 ‘‘(b) PEER REVIEW.—The Secretary shall use a peer

4 review process in reviewing applications for funds under

5 this section.

6 ‘‘PART D—GENERAL PROVISIONS

7 ‘‘DEFINITIONS

8 ‘‘SEC. 4401. For the purposes of this title, the follow9 ing terms have the following meanings:

10 ‘‘(1) The term ‘drug and violence prevention’

11 means—

12 ‘‘(A) with respect to drugs, prevention,

13 early intervention, rehabilitation referral, or

14 education related to the illegal use of alcohol

15 and tobacco (nicotine) and the use of controlled,

16 illegal, addictive, or harmful substances, includ17 ing inhalants and anabolic steroids; and

18 ‘‘(B) with respect to violence, the pro19 motion of school safety, such that students and

20 school personnel are free from violent and dis21 ruptive acts, including sexual harassment, on

22 school premises, going to and from school, and

23 at school-sponsored activities, through the cre24 ation and maintenance of a school environment

25 that is free of weapons and fosters individual
249

•S 1513 RS

1 responsibility and respect for the rights of

2 others.

3 ‘‘(2) The term ‘nonprofit’, as applied to a

4 school, agency, organization, or institution means a

5 school, agency, organization, or institution owned

6 and operated by one or more nonprofit corporations

7 or associations, no part of the net earnings of which

8 inures, or may lawfully inure, to the benefit of any

9 private shareholder or individual.

10 ‘‘(3) The term ‘school-aged population’ means

11 the population aged five through 17, as determined

12 by the Secretary on the basis of the most recent sat13 isfactory data available from the Department of

14 Commerce.

15 ‘‘(4) The term ‘school personnel’ includes teach16 ers, administrators, guidance counselors, social

17 workers, psychologists, nurses, librarians, and other

18 support staff who are employed by a school or who

19 perform services for the school on a contractual

20 basis.

21 ‘‘MATERIALS

22 ‘‘SEC. 4402. (a) ‘WRONG AND HARMFUL’ MES23 SAGE.—Drug prevention programs supported under this

24 title shall convey a clear and consistent message that the

25 illegal use of alcohol and other drugs is wrong and harm26 ful.
250

•S 1513 RS

1 ‘‘(b) CURRICULUM.—The Secretary shall not pre2 scribe the use of specific curricula for programs supported

3 under this title, but may evaluate the effectiveness of such

4 curricula and other strategies in drug and violence preven5 tion.

6 ‘‘PROHIBITED USES OF FUNDS

7 ‘‘SEC. 4403. No funds under this title may be used

8 for—

9 ‘‘(1) construction (except for minor remodeling

10 needed to accomplish the purposes of this title);

11 ‘‘(2) drug treatment or rehabilitation; and

12 ‘‘(3) psychiatric, psychological, or other medical

13 treatment or rehabilitation, other than school-based

14 counseling for students or school personnel who are

15 victims or witnesses of school-related crime.

16 ‘‘TITLE V—PROMOTING EQUITY

17 ‘‘PART A—MAGNET SCHOOLS ASSISTANCE

18 ‘‘FINDINGS

19 ‘‘SEC. 5101. The Congress finds that—

20 ‘‘(1) magnet schools are a significant part of

21 our Nation’s effort to achieve voluntary desegrega22 tion in its schools;

23 ‘‘(2) the use of magnet schools has increased

24 dramatically since enactment of this program, with

25 approximately 1.4 million students nationwide now
251

•S 1513 RS

1 attending such schools, of which more than 60 per2 cent of the students are nonwhite;

3 ‘‘(3) magnet schools offer a wide range of dis4 tinctive programs that have served as models for

5 school improvement efforts;

6 ‘‘(4) in administering this program, the Federal

7 Government has learned that—

8 ‘‘(A) where magnet programs are imple9 mented for only a portion of a school’s student

10 body, special efforts must be made to discour11 age the isolation of magnet students from other

12 students in the school;

13 ‘‘(B) school districts can maximize their ef14 fectiveness in achieving the purposes of this

15 program if they have more flexibility to serve

16 students attending a school who are not en17 rolled in the magnet school program;

18 ‘‘(C) school districts must be creative in

19 designing magnet schools for students at all

20 academic levels, so that school districts do not

21 skim off only the highest achieving students to

22 attend the magnet schools;

23 ‘‘(D) school districts must seek to enable

24 participation in magnet school programs by stu-
252

•S 1513 RS

1 dents who reside in the neighborhoods where

2 the programs are placed; and

3 ‘‘(E) in order to ensure that magnet

4 schools are sustained after Federal funding

5 ends, the Federal Government must assist

6 school districts to improve their capacity to con7 tinue to operate magnet schools at a high level

8 of performance;

9 ‘‘(5) it is in the best interest of the Federal

10 Government to—

11 ‘‘(A) continue its support of school dis12 tricts implementing court-ordered desegregation

13 plans and school districts seeking to foster

14 meaningful interaction among students of dif15 ferent racial and ethnic backgrounds beginning

16 at the earliest stage of their education;

17 ‘‘(B) ensure that all students have equi18 table access to quality education that will pre19 pare them to function well in a culturally di20 verse, technologically-oriented, and highly com21 petitive global community; and

22 ‘‘(C) maximize the ability of school dis23 tricts to plan, develop, implement and continue

24 new and innovative magnet schools that con25 tribute to State and local systemic reform.
253

•S 1513 RS

1 ‘‘STATEMENT OF PURPOSE

2 ‘‘SEC. 5102. The purpose of this part is to assist in

3 the desegregation of school districts by providing financial

4 assistance to eligible local educational agencies for—

5 ‘‘(1) the elimination, reduction, or prevention of

6 minority group isolation in elementary and second7 ary schools with substantial proportions of minority

8 students;

9 ‘‘(2) the development and implementation of

10 magnet school projects that will assist local edu11 cational agencies in achieving systemic reforms and

12 providing all students the opportunity to meet chal13 lenging performance State standards;

14 ‘‘(3) the development and design of innovative

15 educational methods and practices; and

16 ‘‘(4) courses of instruction within magnet

17 schools that will substantially strengthen the knowl18 edge of academic subjects and the grasp of tangible

19 and marketable vocational skills of students attend20 ing such schools.

21 ‘‘PROGRAM AUTHORIZED

22 ‘‘SEC. 5103. The Secretary is authorized, in accord23 ance with this part, to make grants to eligible local edu24 cational agencies for use in magnet schools that are part

25 of an approved desegregation plan and that are designed
254

•S 1513 RS

1 to bring students from different social, economic, ethnic,

2 and racial backgrounds together.

3 ‘‘DEFINITION

4 ‘‘SEC. 5104. For the purpose of this part, the term

5 ‘magnet school’ means a school or education center that

6 offers a special curriculum capable of attracting substan7 tial numbers of students of different racial backgrounds.

8 ‘‘ELIGIBILITY

9 ‘‘SEC. 5105. A local educational agency is eligible to

10 receive assistance under this part if it—

11 ‘‘(1) is implementing a plan undertaken pursu12 ant to a final order issued by a court of the United

13 States, or a court of any State, or any other State

14 agency or official of competent jurisdiction, and that

15 requires the desegregation of minority-group-seg16 regated children or faculty in the elementary and

17 secondary schools of such agency; or

18 ‘‘(2) without having been required to do so, has

19 adopted and is implementing, or will, if assistance is

20 made available to it under this part, adopt and im21 plement a plan that has been approved by the Sec22 retary as adequate under title VI of the Civil Rights

23 Act of 1964 for the desegregation of minority-group24 segregated children or faculty in such schools.
255

•S 1513 RS

1 ‘‘APPLICATIONS AND REQUIREMENTS

2 ‘‘SEC. 5106. (a) APPLICATIONS.—An eligible local

3 educational agency desiring to receive assistance under

4 this part shall submit an application to the Secretary at

5 such time, in such manner, and containing such informa6 tion and assurances as the Secretary may require.

7 ‘‘(b) INFORMATION AND ASSURANCES.—An applica8 tion under this part shall include—

9 ‘‘(1) a description of—

10 ‘‘(A) how assistance made available under

11 this part will be used to promote desegregation,

12 including how the proposed magnet school

13 project will increase interaction among students

14 of different social, economic, ethnic, and racial

15 backgrounds;

16 ‘‘(B) the manner and extent to which the

17 magnet school project will increase student

18 achievement in the instructional area or areas

19 offered by the school;

20 ‘‘(C) the manner in which an applicant will

21 continue the magnet school project after assist22 ance under this part is no longer available, in23 cluding, if applicable, an explanation of whether

24 successful magnet schools established or sup25 ported by the applicant with funds under this
256

•S 1513 RS

1 part have been continued without the use of

2 funds under this part;

3 ‘‘(D) how funds under this part will be

4 used to implement services and activities that

5 are consistent with—

6 ‘‘(i) the State’s systemic reform plan,

7 if any, under title III of the Goals 2000:

8 Educate America Act; and

9 ‘‘(ii) the local educational agency’s

10 systemic reform plan, if any, under title III

11 of the Goals 2000: Educate America Act;

12 and

13 ‘‘(E) the criteria to be used in selecting

14 students to attend the proposed magnet school

15 projects; and

16 ‘‘(2) assurances that the applicant will—

17 ‘‘(A) use funds under this part for the pur18 poses specified in section 5103;

19 ‘‘(B) employ teachers in the courses of in20 struction assisted under this part who are cer21 tified or licensed by the State to teach the sub22 ject matter of the courses of instruction;

23 ‘‘(C) not engage in discrimination based on

24 race, religion, color, national origin, sex, or dis25 ability in—
257

•S 1513 RS

1 ‘‘(i) the hiring, promotion, or assign2 ment of employees of the agency or other

3 personnel for whom the agency has any ad4 ministrative responsibility;

5 ‘‘(ii) the assignment of students to

6 schools, or to courses of instruction within

7 the school, of such agency, except to carry

8 out the approved plan; and

9 ‘‘(iii) designing or operating extra10 curricular activities for students;

11 ‘‘(D) carry out a high-quality education

12 program that will encourage greater parental

13 decisionmaking and involvement; and

14 ‘‘(E) give students residing in the local at15 tendance area of the proposed magnet school

16 projects equitable consideration for places in

17 those projects.

18 ‘‘(c) SPECIAL RULE.—No application may be ap19 proved under this section unless the Assistant Secretary

20 of Education for Civil Rights determines that the assur21 ances described in subsection (b)(2)(C) will be met.

22 ‘‘PRIORITY

23 ‘‘SEC. 5107. In approving applications under this

24 part, the Secretary shall give priority to applicants that—

25 ‘‘(1) have the greatest need for assistance,

26 based on the expense or difficulty of effectively car-
258

•S 1513 RS

1 rying out an approved desegregation plan and the

2 projects for which assistance is sought;

3 ‘‘(2) propose to carry out new magnet school

4 projects or significantly revise existing magnet

5 school projects;

6 ‘‘(3) propose to implement innovative edu7 cational approaches that are consistent with the

8 State’s and the local educational agency’s approved

9 systemic reform plans, if any, under title III of the

10 Goals 2000: Educate America Act;

11 ‘‘(4) propose to select students to attend mag12 net school projects by lottery, rather than through

13 academic examination; and

14 ‘‘(5) propose to draw on comprehensive commu15 nity plans for educational improvement, school and

16 residential desegregation, and community renewal.

17 ‘‘USE OF FUNDS

18 ‘‘SEC. 5108. (a) USE OF FUNDS.—Grants made

19 under this part may be used by eligible local educational

20 agencies—

21 ‘‘(1) for planning and promotional activities di22 rectly related to the development, expansion, con23 tinuation, or enhancement of academic programs

24 and services offered at magnet schools;

25 ‘‘(2) for the acquisition of books, materials, and

26 equipment, including computers and the mainte-
259

•S 1513 RS

1 nance and operation thereof, necessary for the con2 duct of programs in magnet schools;

3 ‘‘(3) for the payment of, or subsidization of the

4 compensation of, elementary and secondary school

5 teachers who are certified or licensed by the State

6 and who are necessary for the conduct of programs

7 in magnet schools; and

8 ‘‘(4) with respect to a magnet school program

9 offered to less than the entire student population of

10 a school, for instructional activities that—

11 ‘‘(A) are designed to make available the

12 special curriculum that is offered by the magnet

13 school project to students who are enrolled in

14 the school but who are not enrolled in the mag15 net school program; and

16 ‘‘(B) further the purposes of this part.

17 ‘‘(b) SPECIAL RULE.—With respect to subsections

18 (a) (2) and (3), such grants may be used by eligible local

19 educational agencies for such activities only if those activi20 ties are directly related to improving the students’ reading

21 skills or their knowledge of mathematics, science, history,

22 geography, English, foreign languages, art, or music, or

23 to improving vocational skills.
260

•S 1513 RS

1 ‘‘PROHIBITIONS

2 ‘‘SEC. 5109. Grants under this part may not be used

3 for transportation, or for any activity that does not aug4 ment academic improvement.

5 ‘‘LIMITATION ON PAYMENTS

6 ‘‘SEC. 5110. (a) DURATION OF AWARDS.—Awards

7 made under this part shall not exceed four years.

8 ‘‘(b) LIMITATION ON PLANNING FUNDS.—(1) A local

9 educational agency may expend for planning up to 50 per10 cent of the funds received under this part for the first

11 year of the project, 25 percent for the second year of the

12 project, and 10 percent for the third year of the project.

13 ‘‘(2) A local educational agency shall not expend

14 funds under this part for planning after the third year

15 of the project.

16 ‘‘(c) FEDERAL SHARE.—The Federal share of the

17 cost of any project under this part shall not exceed 100

18 percent for the first and second years of the project, 90

19 percent for the third year, and 70 percent for the fourth

20 year.

21 ‘‘(d) LIMITATION ON GRANTS.—No local educational

22 agency shall receive more than $4,000,000 under this part

23 in any one grant cycle.

24 ‘‘(e) AWARD REQUIREMENT.—To the extent prac25 ticable, for any fiscal year, the Secretary shall award
261

•S 1513 RS

1 grants to local educational agencies under this part no

2 later than June 30 of the applicable fiscal year.

3 ‘‘AUTHORIZATION OF APPROPRIATONS; RESERVATION

4 ‘‘SEC. 5111. (a) AUTHORIZATION.—For the purpose

5 of carrying out this part, there are authorized to be appro6 priated such sums as may be necessary for each of the

7 fiscal years 1995 through 1999.

8 ‘‘(b) AVAILABILITY OF FUNDS FOR GRANTS TO

9 AGENCIES NOT PREVIOUSLY ASSISTED.—(1) In any fiscal

10 year for which the amount appropriated pursuant to sub11 section (a) exceeds $75,000,000, the Secretary shall, with

12 respect to such excess amount, give priority to grants to

13 local educational agencies that did not receive a grant

14 under this part in the last fiscal year of the funding cycle

15 prior to the fiscal year for which the determination is

16 made.

17 ‘‘(c) EVALUATIONS.—The Secretary may reserve no

18 more than two percent of the funds appropriated under

19 subsection (a) for any fiscal year to carry out evaluations

20 of projects under this part.

21 ‘‘PART B—EQUALIZATION ASSISTANCE

22 ‘‘TECHNICAL AND OTHER ASSISTANCE REGARDING

23 SCHOOL FINANCE EQUITY

24 ‘‘SEC. 5201. (a) TECHNICAL ASSISTANCE.—(1) The

25 Secretary is authorized to make grants to, and enter into

26 contracts and cooperative agreements with, State edu-
262

•S 1513 RS

1 cational agencies and other public and private agencies,

2 institutions, and organizations to provide technical assist3 ance to State and local educational agencies to assist them

4 in achieving a greater degree of equity in the distribution

5 of financial resources for education among local edu6 cational agencies in the State.

7 ‘‘(2) ACTIVITIES.—A grant or contract under this

8 section may support technical assistance activities, such

9 as—

10 ‘‘(A) the establishment and operation of a cen11 ter or centers for the provision of technical assist12 ance to State and local educational agencies;

13 ‘‘(B) the convening of conferences on equali14 zation of resources within local educational agencies,

15 within States, and among States; and

16 ‘‘(C) obtaining advice from experts in the field

17 of school finance equalization.

18 ‘‘(b) RESEARCH.—(1) The Secretary is authorized to

19 carry out applied research and analysis designed to fur20 ther knowledge and understanding of methods to achieve

21 greater equity in the distribution of financial resources

22 among local educational agencies.

23 ‘‘(2) The Secretary may carry out research under this

24 subsection directly or through grants to, or contracts or
263

•S 1513 RS

1 cooperative agreements with, any public or private organi2 zation.

3 ‘‘(3) In carrying out this section, the Secretary is au4 thorized to—

5 ‘‘(A) support research on the equity of existing

6 State school funding systems;

7 ‘‘(B) train individuals in such research;

8 ‘‘(C) promote the coordination of such research;

9 ‘‘(D) collect and analyze data related to school

10 finance equity in the United States and other na11 tions; and

12 ‘‘(E) report periodically on the progress of

13 States in achieving school finance equity.

14 ‘‘(4) The Secretary shall coordinate activities under

15 this subsection with activities carried out by the Office of

16 Educational Research and Improvement.

17 ‘‘(5) Each State educational agency or local edu18 cational agency receiving assistance under this Act shall

19 provide such data and information on school finance as

20 the Secretary may require to carry out the purposes of

21 this section.

22 ‘‘(c) MODELS.—The Secretary is authorized, directly

23 or through grants, contracts, or cooperative agreements,

24 to develop and disseminate models and materials useful
264

•S 1513 RS

1 to States in planning and implementing revisions of their

2 school finance systems.

3 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—For the

4 purpose of carrying out this section, there are authorized

5 to be appropriated such sums as may be necessary for

6 each of the fiscal years 1995 through 1999.

7 ‘‘PART C—WOMEN’S EDUCATIONAL EQUITY

8 ‘‘FINDINGS

9 ‘‘SEC. 5301. FINDINGS.—The Congress finds that—

10 ‘‘(1) since the enactment of title IX of the Edu11 cation Amendments of 1972, women and girls have

12 made strides in educational achievement and in their

13 ability to avail themselves of educational opportuni14 ties;

15 ‘‘(2) because of funding provided under the

16 Women’s Educational Equity Act, there are now

17 many more curricula, training and other educational

18 materials concerning educational equity for women

19 and girls available for national dissemination;

20 ‘‘(3) however, significant gender inequities still

21 exist in teaching and learning practices, for exam22 ple—

23 ‘‘(A) sexual harassment, particularly that

24 experienced by girls, is a significant problem in

25 schools, undermining the ability of schools to
265

•S 1513 RS

1 provide a safe and equitable learning or work2 place environment;

3 ‘‘(B) girls receive significantly less atten4 tion from classroom teachers than boys, and

5 girls of color have less interaction with teachers

6 than all other girls;

7 ‘‘(C) educational materials do not suffi8 ciently reflect the experiences, achievements, or

9 concerns of women and, in most cases, are not

10 written by women or persons of color;

11 ‘‘(D) girls do not take as many mathe12 matics and science courses as boys, they lose

13 confidence in their mathematics and science

14 ability as they move through adolescence, there

15 are few women role models in the sciences, and

16 women continue to be concentrated in low-pay17 ing, traditionally female jobs that do not re18 quire mathematics and science skills; and

19 ‘‘(E) pregnant and parenting teenagers are

20 at high risk for dropping out of school and ex21 isting dropout prevention programs do not ade22 quately address this population;

23 ‘‘(4) Federal support should address not only

24 research and development of innovative model curric25 ula and teaching and learning strategies to promote
266

•S 1513 RS

1 gender equity, but, to the extent feasible, also help

2 schools and local communities implement and insti3 tutionalize gender equitable practices;

4 ‘‘(5) Federal assistance for gender equity must

5 be tied to systemic reform, involve collaborative ef6 forts to implement effective gender practices at the

7 local level, and encourage parental participation; and

8 ‘‘(6) excellence in education, high educational

9 achievements and standards, and the full participa10 tion of women and girls in American Society cannot

11 be achieved without educational equity for women

12 and girls.

13 ‘‘STATEMENT OF PURPOSES

14 ‘‘SEC. 5302. The purposes of this part are to—

15 ‘‘(A) promote educational equity for women and

16 girls in the United States and to provide financial

17 assistance to enable educational agencies and insti18 tutions to meet the requirements of title IX of the

19 Education Amendments of 1972;

20 ‘‘(B) promote educational equity for women and

21 girls who suffer multiple discrimination, bias, or

22 stereotyping based on gender and on race, ethnic

23 origin, disability, or age; and

24 ‘‘(C) help ensure that all women and girls have

25 equal opportunity to achieve to high educational

26 standards.
267

•S 1513 RS

1 ‘‘PROGRAM AUTHORIZED

2 ‘‘SEC. 5303. The Secretary is authorized to make

3 grants to, and enter into contracts and cooperative agree4 ments with, public agencies, private nonprofit agencies, or5 ganizations, and institutions, including student and com6 munity groups, and individuals, to achieve the purposes

7 of this part by providing support and technical assistance

8 for—

9 ‘‘(1) the implementation of effective gender10 equity policies and practices at all educational levels,

11 including—

12 ‘‘(A) assisting educational agencies and in13 stitutions to implement policies and practices to

14 comply with title IX of the Education Amend15 ments of 1972, including preventing the sexual

16 harassment of students and employees;

17 ‘‘(B) training for teachers, counselors, ad18 ministrators, and other school personnel, espe19 cially preschool and elementary school person20 nel, to ensure that gender equity pervades their

21 teaching and learning practices;

22 ‘‘(C) leadership training to allow women

23 and girls to develop professional and market24 able skills to compete in the global marketplace,
268

•S 1513 RS

1 improve self-esteem, and benefit from exposure

2 to positive role models;

3 ‘‘(D) school-to-work transition programs

4 and other programs to increase opportunities

5 for women and girls to enter a technologically

6 demanding workplace and, in particular, to

7 enter highly skilled, high paying careers in

8 which they have been underrepresented;

9 ‘‘(E) enhancing educational and career op10 portunities for women and girls who suffer mul11 tiple forms of discrimination, based on sex and

12 on race, ethnic origin, limited English pro13 ficiency, disability, or age; and

14 ‘‘(F) assisting pregnant students and stu15 dents rearing children to remain in high school,

16 graduate, and prepare their preschool children

17 to start school; and

18 ‘‘(2) research and development designed to ad19 vance gender equity nationwide and to help make

20 policies and practices in educational agencies and in21 stitutions and local communities gender-equitable,

22 including—

23 ‘‘(A) research and development designed to

24 advance gender equity, including the develop-
269

•S 1513 RS

1 ment of innovative strategies to improve teach2 ing and learning practices;

3 ‘‘(B) the development of high quality and

4 challenging assessment instruments that are

5 free of gender bias;

6 ‘‘(C) the evaluation of curricula, textbooks,

7 and other educational materials to ensure the

8 absence of gender stereotyping and bias;

9 ‘‘(D) the development of instruments and

10 procedures that employ new and innovative

11 strategies to assess whether diverse educational

12 settings are gender equitable;

13 ‘‘(E) the development of new dissemination

14 and replication strategies; and

15 ‘‘(F) updating high quality educational

16 materials previously developed through awards

17 made under this part.

18 ‘‘APPLICATIONS

19 ‘‘SEC. 5304. (a) APPLICATIONS.—(1) A grant may

20 be made, and a contract or cooperative agreement may

21 be entered into, under this part only upon application to

22 the Secretary, at such time, in such form, and containing

23 or accompanied by such information as the Secretary may

24 prescribe.

25 ‘‘(2) Each application shall—
270

•S 1513 RS

1 ‘‘(A) set forth policies and procedures that will

2 ensure a comprehensive evaluation of the activities

3 carried out under the project, including an evalua4 tion of the practices, policies, and materials used by

5 the applicant and an evaluation or estimate of the

6 continued significance of the work of the project fol7 lowing completion of the award period;

8 ‘‘(B) demonstrate how funds received under

9 this part will be used to promote the attainment of

10 one or more of the National Education Goals set out

11 in title I of the Goals 2000: Educate America Act

12 and support the implementation of State and local

13 plans for systemic reform, if any, approved under

14 title III of such Act;

15 ‘‘(C) demonstrate how the applicant will ad16 dress perceptions of gender roles based on cultural

17 and linguistic differences or stereotypes;

18 ‘‘(D) describe how funds under this part will be

19 used in a manner that is consistent with and pro20 motes the implementation of State and local pro21 grams under the School-to-Work Opportunities Act

22 of 1993;

23 ‘‘(E) for applications for projects under section

24 5303(1), demonstrate how the applicant will foster

25 partnerships and share resources with State edu-
271

•S 1513 RS

1 cational agencies, local educational agencies, institu2 tions of higher education, and other recipients of

3 Federal educational funding; and

4 ‘‘(F) for applications for projects under section

5 5303(1), demonstrate how parental involvement in

6 the project will be encouraged.

7 ‘‘(b) SPECIAL RULE.—In approving applications

8 under this part, the Secretary shall give special consider9 ation to applications—

10 ‘‘(1) submitted by applicants that have not re11 ceived assistance under this part or under part C of

12 title IX of this Act as in effect prior to October 1,

13 1988;

14 ‘‘(2) for projects that would contribute signifi15 cantly to directly improving teaching and learning

16 practices in the local community; and

17 ‘‘(3) for projects that would—

18 ‘‘(A) provide for a comprehensive approach

19 to enhancing gender equity in educational insti20 tutions and agencies; and

21 ‘‘(B) draw on a variety of resources, in22 cluding local educational agencies, community23 based organizations, institutions of higher edu24 cation, and private organizations.
272

•S 1513 RS

1 ‘‘(c) LIMITATION.—Nothing in this part shall be con2 strued as prohibiting men and boys from participating in

3 any programs or activities assisted under this part.

4 ‘‘CRITERIA AND PRIORITIES

5 ‘‘SEC. 5305. The Secretary shall establish separate

6 criteria and priorities for awards under sections 5303 (1)

7 and (2) of this part to ensure that available funds are used

8 for programs that most effectively will achieve the pur9 poses of this part.

10 ‘‘REPORT

11 ‘‘SEC. 5306. The Secretary shall, by January 1,

12 1999, submit to the President and the Congress a report

13 on the status of educational equity for girls and women

14 in the Nation.

15 ‘‘EVALUATION AND DISSEMINATION

16 ‘‘SEC. 5307. (a) EVALUATION AND DISSEMINA17 TION.—The Secretary shall evaluate and disseminate ma18 terials and programs developed under this part.

19 ‘‘(b) USE OF PROGRAM FUNDS.—The Secretary is

20 authorized to use funds appropriated under section 5308

21 to gather and disseminate information about emerging is22 sues concerning gender equity and, if necessary, to con23 vene meetings for this purpose.

24 ‘‘AUTHORIZATION OF APPROPRIATIONS

25 ‘‘SEC. 5308. For the purpose of carrying out this

26 part, there are authorized to be appropriated such sums
273

•S 1513 RS

1 as may be necessary for each of the fiscal years 1995

2 through 1999.

3 ‘‘TITLE VI—INDIAN EDUCATION

4 ‘‘FINDINGS

5 ‘‘SEC. 6001. The Congress finds that—

6 ‘‘(1) the Federal Government has a special re7 sponsibility to ensure that educational programs for

8 all American Indian and Alaska Native children and

9 adults—

10 ‘‘(A) are based on high-quality, inter11 nationally competitive content and student per12 formance standards and build on Indian culture

13 and the Indian community; and

14 ‘‘(B) assist local educational agencies, In15 dian tribes, and others in providing Indian stu16 dents the opportunity to learn to those stand17 ards;

18 ‘‘(2) since enactment of the original Indian

19 Education Act in 1972, Indian parents have become

20 significantly more involved in the planning, develop21 ment, and implementation of educational programs

22 that affect them and their children, and schools

23 should continue to foster this involvement;

24 ‘‘(3) although the numbers of Indian teachers,

25 administrators, and university professors have in-
274

•S 1513 RS

1 creased since 1972, teacher training programs are

2 not recruiting, training, or retraining sufficient num3 bers of Indian persons as educators to meet the

4 needs of a growing Indian student population in ele5 mentary, secondary, vocational, adult, and higher

6 education;

7 ‘‘(4) the dropout rate for Indian students is un8 acceptably high; for example, nine percent of Indian

9 students who were 9th graders in 1988 had already

10 dropped out of school by 1990;

11 ‘‘(5) from 1980 to 1990, the percentage of In12 dian persons living in poverty increased from 24 per13 cent to 31 percent, and the readiness of Indian chil14 dren to learn is hampered by the high incidence of

15 poverty, unemployment, and health problems among

16 Indian children and families; and

17 ‘‘(6) research related specifically to the edu18 cation of Indian children and adults is very limited,

19 and much of it is poor in quality or focused on lim20 ited local or regional issues.

21 ‘‘PURPOSE

22 ‘‘SEC. 6002. (a) It is the purpose of this title to sup23 port the efforts of local educational agencies, Indian tribes

24 and organizations, State educational agencies, postsecond25 ary institutions, and other entities to meet the unique edu26 cational needs of American Indians and Alaska Natives,
275

•S 1513 RS

1 so that they can achieve to the same challenging State

2 performance standards expected of all students.

3 ‘‘(b) This title carries out this purpose by authorizing

4 programs of direct assistance for—

5 ‘‘(1) the education of Indian children and

6 adults;

7 ‘‘(2) the training of Indian persons as educators

8 and counselors, and in other professions serving In9 dian people; and

10 ‘‘(3) research, evaluation, data collection, and

11 technical assistance.

12 ‘‘PART A—FORMULA GRANTS TO LOCAL EDUCATIONAL

13 AGENCIES

14 ‘‘PURPOSE

15 ‘‘SEC. 6101. It is the purpose of this part to support

16 local educational agencies in their efforts to reform ele17 mentary and secondary school programs that serve Indian

18 students, in order to ensure that those programs—

19 ‘‘(1) are based on challenging State content and

20 student performance standards that are used for all

21 students; and

22 ‘‘(2) are designed to assist Indian students

23 meet those standards and assist the Nation in reach24 ing the National Education Goals.
276

•S 1513 RS

1 ‘‘GRANTS TO LOCAL EDUCATIONAL AGENCIES

2 ‘‘SEC. 6102. A local educational agency is eligible for

3 a grant under this part for any fiscal year if the number

4 of Indian children who were enrolled in the schools of the

5 agency, and to whom the agency provided free public edu6 cation, during the preceding fiscal year—

7 ‘‘(1) was at least 20; or

8 ‘‘(2) constituted at least 25 percent of the agen9 cy’s total enrollment.

10 ‘‘AMOUNT OF GRANTS

11 ‘‘SEC. 6103. (a) AMOUNT OF GRANTS.—(1) The Sec12 retary is authorized to allocate to each local educational

13 agency whose application has been approved under this

14 part an amount equal to the product of—

15 ‘‘(A) the number of Indian children described in

16 section 6102; and

17 ‘‘(B) the greater of—

18 ‘‘(i) the average per-pupil expenditure of

19 the State in which the agency is located; or

20 ‘‘(ii) 80 percent of the average per-pupil

21 expenditure in the United States.

22 ‘‘(2) The Secretary shall reduce the amount of each

23 allocation determined under paragraph (1) in accordance

24 with subsection (e) of this section.

25 ‘‘(b) MINIMUM GRANT AMOUNT.—The Secretary

26 shall not make any grant to a local educational agency
277

•S 1513 RS

1 if the amount determined under subsection (a) is less than

2 $4,000, except that the Secretary may make a grant to

3 a consortium of local educational agencies, one or more

4 of which does not qualify for such a minimum award, if—

5 ‘‘(1) the total amount so determined for those

6 agencies is at least $4,000;

7 ‘‘(2) those agencies, in the aggregate, meet the

8 eligibility requirement of either section 6102(1) or

9 6102(2); and

10 ‘‘(3) the Secretary determines that such a grant

11 would be effectively used to carry out the purpose of

12 this part.

13 ‘‘(c) DEFINITION.—For the purpose of this section,

14 the average per-pupil expenditure of a State is determined

15 by dividing—

16 ‘‘(1) the aggregate current expenditures of all

17 the local educational agencies in the State, plus any

18 direct current expenditures by the State for the op19 eration of such agencies, without regard to the

20 sources of funds from which such local or State ex21 penditures were made, during the second fiscal year

22 preceding the fiscal year for which the computation

23 is made; by

24 ‘‘(2) the aggregate number of children who

25 were in average daily attendance for whom such
278

•S 1513 RS

1 agencies provided free public education during such

2 preceding fiscal year.

3 ‘‘(d) SCHOOLS OPERATED OR SUPPORTED BY THE

4 BUREAU OF INDIAN AFFAIRS.—(1) In addition to the

5 grants determined under subsection (a), the Secretary

6 shall allocate to the Secretary of the Interior an amount

7 equal to the product of—

8 ‘‘(A) the total number of Indian children en9 rolled in schools that are operated by—

10 ‘‘(i) the Bureau of Indian Affairs; or

11 ‘‘(ii) an Indian tribe, or an organization

12 controlled or sanctioned by an Indian tribal

13 government, for the children of that tribe under

14 a contract with, or grant from, the Department

15 of the Interior under the Indian Self-Deter16 mination Act (25 U.S.C. 450f et seq.) or the

17 Tribally Controlled Schools Act of 1988 (25

18 U.S.C. 2501 et seq.); and

19 ‘‘(B) the greater of—

20 ‘‘(i) the average per-pupil expenditure of

21 the State in which the school is located; or

22 ‘‘(ii) 80 percent of the average per-pupil

23 expenditure in the United States.

24 ‘‘(2) The Secretary shall transfer the amount

25 determined under paragraph (1), reduced as may be
279

•S 1513 RS

1 necessary under subsection (e), to the Secretary of

2 the Interior in accordance with, and subject to, sec3 tion 9205 of this Act.

4 ‘‘(e) RATABLE REDUCTIONS.—If the sums appro5 priated for any fiscal year under section 6602(a) are insuf6 ficient to pay in full the amounts determined for local edu7 cational agencies under subsection (a)(1) and for the Sec8 retary of the Interior under subsection (d), each of those

9 amounts shall be ratably reduced.

10 ‘‘APPLICATIONS

11 ‘‘SEC. 6104. (a) GENERAL.—Any local educational

12 agency that desires to receive a grant under this part shall

13 submit an application to the Secretary at such time, in

14 such manner, and containing such information as the Sec15 retary may require.

16 ‘‘(b) COMPREHENSIVE PLAN REQUIRED.—Each such

17 application shall include a comprehensive plan for meeting

18 the needs of Indian children in the local educational agen19 cy, including their language and cultural needs, that—

20 ‘‘(1)(A) is consistent with, and promotes the

21 goals in, the State and local plans, either approved

22 or being developed, under title III of the Goals

23 2000: Educate America Act or, if those plans are

24 not approved or being developed, with the State and

25 local plans under sections 1111 and 1112 of this

26 Act; and
280

•S 1513 RS

1 ‘‘(B) includes academic content and student

2 performance goals for those children, and bench3 marks for attaining them, that are based on the

4 challenging State standards adopted under title III

5 of the Goals 2000: Educate America Act or under

6 title I of this Act for all children;

7 ‘‘(2) explains how Federal, State, and local pro8 grams, especially under title I of this Act, will meet

9 the needs of those students;

10 ‘‘(3) demonstrates how funds under this part

11 will be used for activities authorized by section

12 6106;

13 ‘‘(4) describes the professional development to

14 be provided, as needed, to ensure that—

15 ‘‘(A) teachers and other school profes16 sionals who are new to the Indian community

17 are prepared to work with Indian children; and

18 ‘‘(B) all teachers who will be involved in

19 the project have been properly trained to carry

20 it out; and

21 ‘‘(5) describes how the agency—

22 ‘‘(A) will periodically assess the progress of

23 all Indian children in its schools, including

24 those not participating in programs under this
281

•S 1513 RS

1 part, in meeting the goals described in para2 graph (1);

3 ‘‘(B) will provide the results of that assess4 ment to the parent committee described in sub5 section (c)(8) and to the community served by

6 the agency; and

7 ‘‘(C) is responding to findings of any pre8 vious such assessments.

9 ‘‘(c) ASSURANCES.—Each such application shall also

10 include assurances that—

11 ‘‘(1) the local educational agency will use funds

12 received under this part only to supplement the level

13 of funds that, in the absence of such Federal funds,

14 the agency would make available for the education

15 of Indian children, and not to supplant such funds;

16 ‘‘(2) the local educational agency will submit

17 such reports to the Secretary, in such form and con18 taining such information, as the Secretary may re19 quire to—

20 ‘‘(A) carry out the Secretary’s functions

21 under this part; and

22 ‘‘(B) determine the extent to which funds

23 provided under this part have been effective in

24 improving the educational achievement of In25 dian students in the local educational agency;
282

•S 1513 RS

1 ‘‘(3) the program for which assistance is sought

2 will use the best available talents and resources, in3 cluding persons from the Indian community;

4 ‘‘(4) the local educational agency has developed

5 the program in open consultation with parents of In6 dian children, teachers, and, where appropriate, sec7 ondary school Indian students, including holding

8 public hearings at which these persons have had a

9 full opportunity to understand the program and to

10 offer recommendations on it;

11 ‘‘(5) the local educational agency has developed

12 the program with the participation and written ap13 proval of a committee—

14 ‘‘(A) that is composed of, and selected by,

15 parents of Indian children in the local edu16 cational agency’s schools, teachers, and, where

17 appropriate, secondary school Indian students;

18 and

19 ‘‘(B) of which at least half the members

20 are parents described in subparagraph (A); and

21 ‘‘(6) the parent committee described in para22 graph (5) will adopt and abide by reasonable bylaws

23 for the conduct of the activities of the committee.

24 ‘‘(d) STATE EDUCATIONAL AGENCY REVIEW.—(1)

25 Before submitting its application to the Secretary, the
283

•S 1513 RS

1 local educational agency shall obtain comments on the ap2 plication from the State educational agency.

3 ‘‘(2) The local educational agency shall send the

4 State educational agency’s comments to the Secretary

5 with its application.

6 ‘‘AUTHORIZED SERVICES AND ACTIVITIES

7 ‘‘SEC. 6105. (a) GENERAL REQUIREMENTS.—Each

8 local educational agency that receives a grant under this

9 part shall use the grant funds for services and activities,

10 consistent with the purpose of this part, that—

11 ‘‘(1) are designed to carry out its comprehen12 sive plan for Indian students, described in its appli13 cation under section 6104(b);

14 ‘‘(2) are designed with special regard for the

15 language and cultural needs of those students; and

16 ‘‘(3) supplement and enrich the regular school

17 program.

18 ‘‘(b) PARTICULAR ACTIVITIES.—Such services and

19 activities include, but are not limited to—

20 ‘‘(1) early childhood and family programs that

21 emphasize school readiness;

22 ‘‘(2) enrichment programs that focus on prob23 lem-solving and cognitive skills development and that

24 directly support the attainment of challenging State

25 content and student performance standards;
284

•S 1513 RS

1 ‘‘(3) integrated educational services in combina2 tion with other programs meeting similar needs;

3 ‘‘(4) school-to-work transition activities to en4 able Indian students to participate in programs such

5 as those supported by the School-to-Work Opportu6 nities Act of 1993 and the Carl D. Perkins Voca7 tional and Applied Technology Education Act, in8 cluding tech-prep programs;

9 ‘‘(5) prevention of, and education about, sub10 stance abuse; and

11 ‘‘(6) acquisition of equipment, but only if it is

12 essential to meet the purpose of this part.

13 ‘‘(c) SCHOOLWIDE PROGRAMS.—Notwithstanding

14 any other provision of this part, a local educational agency

15 may use funds it receives under this part to support a

16 schoolwide program under section 1114 of title I of this

17 Act, in accordance with such section, if the Secretary de18 termines that the local educational agency has made ade19 quate provision for the participation of Indian children,

20 and the involvement of Indian parents, in such project.

21 ‘‘STUDENT ELIGIBILITY FORMS

22 ‘‘SEC. 6106. Each local educational agency that ap23 plies for a grant under this part shall maintain in its files

24 a form, prescribed by the Secretary, for each Indian child

25 described in section 6102, which shall contain at least—

26 ‘‘(1) the child’s name;
285

•S 1513 RS

1 ‘‘(2) the name of the Indian tribe or band of

2 Indians in which membership is claimed; and

3 ‘‘(3) the parent’s signature.

4 ‘‘PAYMENTS

5 ‘‘SEC. 6107. (a) GENERAL.—The Secretary shall pay

6 each local educational agency with an application approved

7 under this part the amount determined under section

8 6103, subject to subsections (b) and (c) of this section.

9 ‘‘(b) PAYMENTS TAKEN INTO ACCOUNT BY THE

10 STATE.—The Secretary shall not make a grant under this

11 part for any fiscal year to any local educational agency

12 in a State that has taken into consideration payments

13 under this part (or under subpart 1 of the Indian Edu14 cation Act of 1988) in determining the eligibility of the

15 local educational agency for State aid, or the amount of

16 that aid, with respect to the free public education of chil17 dren during that year or the preceding fiscal year.

18 ‘‘(c) REDUCTION OF PAYMENT FOR FAILURE TO

19 MAINTAIN FISCAL EFFORT.—(1) The Secretary shall not

20 pay any local educational agency the full amount deter21 mined under section 6103 for any fiscal year unless the

22 State educational agency notifies the Secretary, and the

23 Secretary determines, that the combined fiscal effort of

24 that local agency and the State with respect to the provi25 sion of free public education by that local agency for the

26 preceding fiscal year, computed on either a per-student or
286

•S 1513 RS

1 aggregate expenditure basis, was at least 90 percent of

2 such combined fiscal effort, computed on the same basis,

3 for the second preceding fiscal year.

4 ‘‘(2) If the Secretary determines for any fiscal year

5 that a local educational agency failed to maintain its fiscal

6 effort at the 90 percent level required by paragraph (1),

7 the Secretary shall—

8 ‘‘(A) reduce the amount of the grant that would

9 otherwise be made to the agency under this part in

10 the exact proportion of that agency’s failure to

11 maintain its fiscal effort at that level; and

12 ‘‘(B) not use the reduced amount of the agen13 cy’s expenditures for the preceding year to deter14 mine compliance with paragraph (1) for any suc15 ceeding fiscal year, but shall use the amount of ex16 penditures that would have been required to comply

17 with paragraph (1).

18 ‘‘(3)(A) The Secretary may waive the requirement of

19 paragraph (1), for not more than one year at a time, if

20 the Secretary determines that the failure to comply with

21 such requirement is due to exceptional or uncontrollable

22 circumstances, such as a natural disaster or a precipitous

23 and unforeseen decline in the agency’s financial resources.

24 ‘‘(B) The Secretary shall not use the reduced amount

25 of such agency’s expenditures for the fiscal year preceding
287

•S 1513 RS

1 the fiscal year for which a waiver is granted to determine

2 compliance with paragraph (1) for any succeeding fiscal

3 year, but shall use the amount of expenditures that would

4 have been required to comply with paragraph (1) in the

5 absence of the waiver.

6 ‘‘(d) REALLOCATIONS.—The Secretary may reallo7 cate, in the manner the Secretary determines will best

8 carry out the purpose of this part, any amounts that—

9 ‘‘(1) based on estimates by local educational

10 agencies or other information, will not be needed by

11 those agencies to carry out their approved projects

12 under this part; or

13 ‘‘(2) otherwise become available for reallocation

14 under this part.

15 ‘‘PART B—DISCRETIONARY PROGRAMS TO IMPROVE

16 EDUCATIONAL ACHIEVEMENT OF INDIAN CHILDREN

17 ‘‘GRANTS TO INDIAN-CONTROLLED SCHOOLS

18 ‘‘SEC. 6201. (a) PURPOSE.—It is the purpose of this

19 section to support Indian-controlled schools by providing

20 assistance to—

21 ‘‘(1) help Indian-controlled schools get started

22 and established; and

23 ‘‘(2) pay for supplemental services that will—
288

•S 1513 RS

1 ‘‘(A) enable Indian students to meet the

2 same challenging State performance standards

3 that all students will be expected to meet; and

4 ‘‘(B) assist the Nation in reaching the Na5 tional Education Goals.

6 ‘‘(b) ELIGIBLE APPLICANTS.—Indian tribes and In7 dian organizations may apply under this section for grants

8 for schools for Indian children.

9 ‘‘(c) PRIORITY.—(1) In making grants under this

10 section, the Secretary shall give priority to applicants that

11 are—

12 ‘‘(A) starting new schools with the approval of

13 the Bureau of Indian Affairs; or

14 ‘‘(B) in the process of gaining control over a

15 school operated by the Bureau of Indian Affairs.

16 ‘‘(2) To qualify for the priority under paragraph (1),

17 an applicant must demonstrate to the Secretary’s satisfac18 tion that the school for which assistance is sought will—

19 ‘‘(A) receive funds under the Indian school

20 equalization program established under the Edu21 cation Amendments of 1978 within three years of

22 the beginning of its proposed project; and

23 ‘‘(B) have been under the control of the appli24 cant for less than three years as of the beginning of

25 its proposed project.
289

•S 1513 RS

1 ‘‘(d) AUTHORIZED ACTIVITIES.—(1) Recipients of

2 grants under this section shall use grant funds to carry

3 out projects and activities that meet the purpose of this

4 section.

5 ‘‘(2) Such activities include, but are not limited to—

6 ‘‘(A) student assessments;

7 ‘‘(B) curriculum development;

8 ‘‘(C) staff development; and

9 ‘‘(D) community orientation.

10 ‘‘DEMONSTRATION GRANTS

11 ‘‘SEC. 6202. (a) PURPOSE; COORDINATION.—(1) It

12 is the purpose of this section to support projects that are

13 designed to develop, test, and demonstrate the effective14 ness of services and programs to improve educational

15 achievement of Indian children.

16 ‘‘(2) The Secretary shall ensure that projects under

17 this section are coordinated with projects under other pro18 visions of this Act.

19 ‘‘(b) ELIGIBLE APPLICANTS.—State educational

20 agencies, local educational agencies, Indian tribes, Indian

21 organizations, and institutions of higher education, includ22 ing Indian institutions of higher education, may apply for

23 grants under this section.

24 ‘‘(c) AUTHORIZED PROJECTS AND ACTIVITIES.—Re25 cipients of grants under this section shall use the grant
290

•S 1513 RS

1 funds to carry out projects and activities that meet the

2 purpose of this section, such as—

3 ‘‘(1) instruction to raise the achievement of In4 dian children in one or more of the core curriculum

5 areas of English, mathematics, science, foreign lan6 guages, arts, history, and geography;

7 ‘‘(2) programs designed to reduce the incidence

8 of students dropping out of school and to increase

9 the rate of high school graduation;

10 ‘‘(3) partnership projects between local edu11 cational agencies and institutions of higher edu12 cation that allow high school students to enroll in

13 courses at the postsecondary level to aid them in the

14 transition from high school to postsecondary edu15 cation;

16 ‘‘(4) partnership projects between schools and

17 local businesses for school-to-work transition pro18 grams designed to provide Indian youth with the

19 knowledge and skills they need to make an effective

20 transition from school to a first job in a high-skill,

21 high-wage career;

22 ‘‘(5) family-based preschool programs that em23 phasize school readiness and parenting skills;
291

•S 1513 RS

1 ‘‘(6) programs designed to encourage and assist

2 Indian students to work toward, and gain entrance

3 into, institutions of higher education; and

4 ‘‘(7) programs to meet the needs of gifted and

5 talented Indian students.

6 ‘‘(d) APPLICATIONS.—(1) Any eligible entity that de7 sires to receive a grant under this section shall submit an

8 application to the Secretary at such time and in such man9 ner as the Secretary may require.

10 ‘‘(2) Each such application shall contain—

11 ‘‘(A) a description of how parents of Indian

12 children and representatives of Indian tribes have

13 been, and will be, involved in developing and imple14 menting the project for which assistance is sought;

15 ‘‘(B) an assurance that the applicant will par16 ticipate, at the request of the Secretary, in any na17 tional evaluation of projects under this section; and

18 ‘‘(C) such other assurances and information as

19 the Secretary may require.

20 ‘‘PART C—PROFESSIONAL DEVELOPMENT AND ADULT

21 EDUCATION PROGRAMS

22 ‘‘PROFESSIONAL DEVELOPMENT

23 ‘‘SEC. 6301. (a) PURPOSE.—The purpose of this sec24 tion is to increase the number of qualified Indian persons

25 in professions serving Indian people.
292

•S 1513 RS

1 ‘‘(b) ELIGIBLE APPLICANTS.—Eligible applicants

2 under this section are—

3 ‘‘(1) institutions of higher education, including

4 Indian institutions of higher education;

5 ‘‘(2) State and local educational agencies, in

6 consortium with institutions of higher education; and

7 ‘‘(3) Indian tribes and Indian organizations, in

8 consortium with institutions of higher education.

9 ‘‘(c) AUTHORIZED PROJECTS AND ACTIVITIES.—(1)

10 Each recipient of a grant under this section shall use the

11 grant funds to provide training to Indian persons, consist12 ent with the purpose of this section.

13 ‘‘(2)(A) For teachers, counselors, and other education

14 professionals, such training shall consist of pre-service or

15 in-service professional development.

16 ‘‘(B) For those being trained in other fields, such

17 training shall be in programs that result in graduate

18 degrees.

19 ‘‘(d) ALLOCATION OF FUNDS.—The Secretary shall

20 ensure that at least 50 percent of the sums appropriated

21 to carry out this section for any fiscal year are used for

22 training of educational personnel under subsection

23 (c)(2)(A).
293

•S 1513 RS

1 ‘‘(e) PROJECT PERIOD.—The project period for each

2 project approved under this section shall be up to five

3 years.

4 ‘‘(f) SERVICE OBLIGATION.—The Secretary may, by

5 regulation, require that individuals who receive training

6 under this section perform related work following that

7 training or repay all or part of the cost of the training.

8 ‘‘ADULT EDUCATION

9 ‘‘SEC. 6302. (a) PURPOSE.—The purpose of this sec10 tion is to improve educational and employment opportuni11 ties for Indian adults who lack the level of literacy skills,

12 quantitative skills, and knowledge that they need to enjoy

13 more fully the benefits and responsibilities of effective citi14 zenship and productive employment by supporting projects

15 that—

16 ‘‘(1) provide them sufficient high-quality edu17 cation to enable them to benefit from job training

18 and retraining programs and to obtain and retain

19 productive employment; and

20 ‘‘(2) enable Indian adults who so desire to con21 tinue their education through the high school level

22 and beyond.

23 ‘‘(b) ELIGIBLE APPLICANTS.—Indian tribes, Indian

24 organizations, Indian institutions of higher education, and

25 other public and nonprofit private agencies and organiza26 tions may apply for grants under this section.
294

•S 1513 RS

1 ‘‘(c) PROGRAM REQUIREMENTS.—Each recipient of a

2 grant under this section shall—

3 ‘‘(1) provide adult education, as defined in sec4 tion 6601(2), to Indian adults in a manner that sup5 plements State funds expended for adult education

6 for Indian adults;

7 ‘‘(2) coordinate its project with other adult edu8 cation programs, if any, in the same geographic

9 area, including programs funded under the Adult

10 Education Act and programs operated or funded by

11 the Bureau of Indian Affairs; and

12 ‘‘(3) collect, evaluate, and report on data con13 cerning such matters as the Secretary may require,

14 including the number of participants, the effect of

15 the project on the subsequent work experience of

16 participants, the progress of participants in achiev17 ing literacy, and the number of participants who

18 pass high school equivalency examinations.

19 ‘‘PART D—NATIONAL ACTIVITIES AND GRANTS TO

20 STATES

21 ‘‘NATIONAL ACTIVITIES

22 ‘‘SEC. 6401. (a) AUTHORIZED ACTIVITIES.—From

23 funds appropriated for any fiscal year to carry out this

24 section, the Secretary may—
295

•S 1513 RS

1 ‘‘(1) conduct research related to effective ap2 proaches to the education of Indian children and

3 adults;

4 ‘‘(2) evaluate federally assisted education pro5 grams from which Indian children and adults may

6 benefit;

7 ‘‘(3) collect and analyze data on the educational

8 status and needs of Indians; and

9 ‘‘(4) carry out other activities consistent with

10 the purpose of this Act.

11 ‘‘(b) ELIGIBILITY.—The Secretary may carry out any

12 of the activities described in subsection (a) directly or

13 through grants to, or contracts or cooperative agreements

14 with, Indian tribes, Indian organizations, State edu15 cational agencies, local educational agencies, institutions

16 of higher education, including Indian institutions of higher

17 education, and other public and private agencies and

18 institutions.

19 ‘‘GRANTS TO STATES

20 ‘‘SEC. 6402. (a) PURPOSE.—The purpose of this sec21 tion is to assist States in implementing comprehensive,

22 Statewide strategies for providing Indian children and

23 adults with greater opportunities to meet challenging

24 State standards.
296

•S 1513 RS

1 ‘‘(b) ELIGIBILITY.—Each State is eligible for a grant

2 under this section if it has a State plan for education re3 form in the State that—

4 ‘‘(1) in the Secretary’s judgment, effectively

5 provides for the education of Indian children and

6 adults; and

7 ‘‘(2)(A) is integrated with the State’s plan, ei8 ther approved or being developed, under title III of

9 the Goals 2000: Educate America Act, and satisfies

10 the requirements of this section that are not already

11 addressed by that State plan; or

12 ‘‘(B) if the State does not have an approved

13 plan under title III of the Goals 2000: Educate

14 America Act and is not developing such a plan, is

15 integrated with other State plans under this Act.

16 ‘‘(c) GRANT AMOUNTS.—(1) From funds appro17 priated to carry out this section, the Secretary shall make

18 a grant to each State educational agency in an eligible

19 State whose application for assistance under this section

20 has been approved.

21 ‘‘(2)(A) The Secretary is authorized to determine the

22 amount of each such grant on the basis of—

23 ‘‘(i) the number of Indian individuals in the

24 State, as determined on the basis of the most recent

25 available data satisfactory to the Secretary;
297

•S 1513 RS

1 ‘‘(ii) the comprehensiveness and quality of the

2 State’s plan;

3 ‘‘(iii) the State’s commitment to high-quality

4 education programs for Indian children and adults;

5 and

6 ‘‘(iv) other factors that the Secretary finds ap7 propriate.

8 ‘‘(B) Notwithstanding subparagraph (A), no grant

9 under this section shall be in an amount less than the

10 greater of—

11 ‘‘(i) $50,000; or

12 ‘‘(ii) five percent of the total amount paid to

13 local educational agencies in the State for that fiscal

14 year under part A of this title.

15 ‘‘(d) AUTHORIZED ACTIVITIES.—Each State that re16 ceives a grant under this section shall use the grant funds

17 for activities to meet the purpose of this section, includ18 ing—

19 ‘‘(1) reviewing local educational agency applica20 tions under part A of this title;

21 ‘‘(2) collecting data;

22 ‘‘(3) providing technical assistance to local edu23 cational agencies;
298

•S 1513 RS

1 ‘‘(4) measuring the achievement of Indian stu2 dents against the standards set out in the State’s

3 plan described in subsection (b); and

4 ‘‘(5) carrying out other activities and providing

5 other services designed to build the capacity of the

6 State to serve the educational needs of Indian chil7 dren and adults.

8 ‘‘(e) APPLICATIONS.—Each State that desires to re9 ceive a grant under this section shall submit an application

10 to the Secretary at such time, in such manner, and con11 taining such information and assurances as the Secretary

12 may require, including an assurance that the State will

13 submit to the Secretary, every two years, a report on its

14 activities under this section containing such data and

15 other information as the Secretary may require.

16 ‘‘PART E—FEDERAL ADMINISTRATION

17 ‘‘OFFICE OF INDIAN EDUCATION

18 ‘‘SEC. 6501. (a) OFFICE OF INDIAN EDUCATION.—

19 There shall be an Office of Indian Education (hereafter

20 in this section referred to as ‘‘the Office’’) in the Depart21 ment of Education.

22 ‘‘(b) DIRECTOR.—(1) The Office shall be under the

23 direction of the Director, who shall be appointed by the

24 Secretary and who shall report directly to the Assistant

25 Secretary for Elementary and Secondary Education.
299

•S 1513 RS

1 ‘‘(2) The Director shall—

2 ‘‘(A) be responsible for administering this title;

3 ‘‘(B) be involved in, and be primarily respon4 sible for, the development of all policies affecting In5 dian children and adults under programs adminis6 tered by the Office of Elementary and Secondary

7 Education; and

8 ‘‘(C) coordinate the development of policy and

9 practice for all programs in the Department relating

10 to Indian persons.

11 ‘‘(3) The Director of the Office shall be a member

12 of the career Senior Executive Service.

13 ‘‘(c) INDIAN PREFERENCE IN EMPLOYMENT.—(1)

14 The Secretary shall give a preference to Indian persons

15 in all personnel actions in the Office.

16 ‘‘(2) Such preference shall be implemented in the

17 same fashion as the preference given to any veteran under

18 section 2609 of the Revised Statutes, section 45 of title

19 25, United States Code.

20 ‘‘NATIONAL ADVISORY COUNCIL ON INDIAN EDUCATION

21 ‘‘SEC. 6502. (a) MEMBERSHIP.—There shall be a

22 National Advisory Council on Indian Education (hereafter

23 in this section referred to as ‘‘the Council’’), which shall—

24 ‘‘(1) consist of 15 Indian members, who shall

25 be appointed by the President from lists of nominees
300

•S 1513 RS

1 furnished, from time to time, by Indian tribes and

2 organizations; and

3 ‘‘(2) represent different geographic areas of the

4 country.

5 ‘‘(b) DUTIES.—The Council shall—

6 ‘‘(1) advise the Secretary on the funding and

7 administration, including the development of regula8 tions and of administrative policies and practices, of

9 any program, including programs under this title,

10 for which the Secretary is responsible and in which

11 Indian children or adults participate or from which

12 they can benefit;

13 ‘‘(2) make recommendations to the Secretary

14 for filling the Director’s position whenever a vacancy

15 occurs in that position; and

16 ‘‘(3) submit to the Congress, by June 30 of

17 each year, a report on its activities, which shall in18 clude—

19 ‘‘(A) any recommendations it finds appro20 priate for the improvement of Federal education

21 programs in which Indian children or adults

22 participate, or from which they can benefit; and

23 ‘‘(B) its recommendations with respect to

24 the funding of any such programs.
301

•S 1513 RS

1 ‘‘PEER REVIEW

2 ‘‘SEC. 6503. In reviewing applications under parts B,

3 C, and D of this title, the Secretary may use a peer review

4 process.

5 ‘‘PREFERENCE FOR INDIAN APPLICANTS

6 ‘‘SEC. 6504. In making grants under parts B and C

7 of this title, the Secretary shall give a preference to Indian

8 tribes, Indian organizations, and Indian institutions of

9 higher education under any program for which they are

10 eligible to apply.

11 ‘‘MINIMUM GRANT CRITERIA

12 ‘‘SEC. 6505. In making grants under parts B and C

13 of this title, the Secretary shall approve only projects that

14 are—

15 ‘‘(1) of sufficient size, scope, and quality to

16 achieve the purpose of the section under which as17 sistance is sought; and

18 ‘‘(2) based on relevant research findings.

19 ‘‘PART F—DEFINITIONS; AUTHORIZATIONS OF

20 APPROPRIATIONS

21 ‘‘DEFINITIONS

22 ‘‘SEC. 6601. The following definitions apply to terms

23 as used in this title:

24 ‘‘(1) The term ‘adult’ means an individual who

25 is either—

26 ‘‘(A) at least 16 years old; or
302

•S 1513 RS

1 ‘‘(B) beyond the age of compulsory school

2 attendance under State law.

3 ‘‘(2) The term ‘adult education’ has the mean4 ing given that term in section 312(2) of the Adult

5 Education Act.

6 ‘‘(3) The term ‘free public education’ means

7 education that is—

8 ‘‘(A) provided at public expense, under

9 public supervision and direction, and without

10 tuition charge; and

11 ‘‘(B) provided as elementary or secondary

12 education in the applicable State or to preschool

13 children.

14 ‘‘(4) The term ‘Indian’ means an individual

15 who is—

16 ‘‘(A) a member of an Indian tribe or band,

17 as membership is defined by the tribe or band,

18 including—

19 ‘‘(i) tribes and bands terminated since

20 1940; and

21 ‘‘(ii) tribes and bands recognized by

22 the State in which they reside;

23 ‘‘(B) a descendant, in the first or second

24 degree, of an individual described in subpara25 graph (A);
303

•S 1513 RS

1 ‘‘(C) considered by the Secretary of the In2 terior to be an Indian for any purpose; or

3 ‘‘(D) an Eskimo, Aleut, or other Alaska

4 Native.

5 ‘‘AUTHORIZATIONS OF APPROPRIATIONS

6 ‘‘SEC. 6602. (a) PART A.—For the purpose of carry7 ing out part A of this title, there are authorized to be

8 appropriated such sums as may be necessary for each of

9 the fiscal years 1995 through 1999.

10 ‘‘(b) PARTS B THROUGH D.—For the purpose of car11 rying out parts B, C, and D of this title, there are author12 ized to be appropriated such sums as may be necessary

13 for each of the fiscal years 1995 through 1999.

14 ‘‘(c) PART E.—For the purpose of carrying out part

15 E of this title, including section 6502, there are authorized

16 to be appropriated such sums as may be necessary for

17 each of the fiscal years 1995 through 1999.

18 ‘‘TITLE VII—BILINGUAL EDUCATION

19 PROGRAMS

20 ‘‘FINDINGS

21 ‘‘SEC. 7001. The Congress finds that—

22 ‘‘(1) there are large and growing numbers of

23 children and youth of limited English proficiency,

24 many of whom have a cultural heritage that differs

25 from that of their English proficient peers;
304

•S 1513 RS

1 ‘‘(2) limited English proficient children and

2 youth face a number of challenges in receiving an

3 education that will enable them to participate fully

4 in American society, including segregated education

5 programs; disproportionate and improper placement

6 in special education and other special programs due

7 to the use of inappropriate evaluation procedures;

8 the limited English proficiency of their own parents,

9 which hinders the parents’ ability to fully participate

10 in the education of their children; a shortage of

11 teachers and educational personnel who are profes12 sionally trained and qualified to serve them;

13 ‘‘(3) the Federal Government, as exemplified by

14 title VI of the Civil Rights Act of 1964 and section

15 204(f) of the Equal Education Opportunities Act of

16 1974, has a special and continuing obligation to en17 sure that States and local school districts take ap18 propriate action to provide equal educational oppor19 tunities to children and youth of limited English

20 proficiency;

21 ‘‘(4) The Federal Government also, as exempli22 fied by its efforts under this title, has a special and

23 continuing obligation to assist States and local

24 school districts in developing the capacity to provide

25 programs of instruction that offer limited English
305

•S 1513 RS

1 proficient children and youth an equal educational

2 opportunity;

3 ‘‘(5) in carrying out its responsibilities with re4 spect to ensuring equal educational opportunity for

5 children and youth of limited English proficiency,

6 the Federal Government has learned that—

7 ‘‘(A) large numbers of these children and

8 youth have needs that must be met by a pro9 gram of instruction designed specifically for

10 them;

11 ‘‘(B) a primary purpose of such programs

12 must be developing the English language skills

13 of such children and youth;

14 ‘‘(C) the use of a child or youth’s native

15 language and culture in classroom instruction

16 can promote self-esteem and contribute to aca17 demic achievement and learning English by lim18 ited English proficient children and youth; ben19 efit English proficient children and youth who

20 also participate in such programs; and develop

21 our national language resources, thus promot22 ing the nation’s competitiveness in the global

23 economy;
306

•S 1513 RS

1 ‘‘(D) parent and community participation

2 in bilingual education programs contributes to

3 program effectiveness; and

4 ‘‘(E) research, evaluation, and data-collec5 tion capabilities in the field of bilingual edu6 cation need to be strengthened so that edu7 cators can better identify and promote those

8 programs, program implementation strategies,

9 and instructional practices that result in effec10 tive education; and

11 ‘‘(6) providing the educational services that pre12 pare newly immigrated children and youth for full

13 participation in American society and to achieve

14 challenging State performance standards is a signifi15 cant problem for a number of local educational agen16 cies. Supplementary Federal assistance can help

17 such agencies meet their responsibilities.

18 ‘‘POLICY; AUTHORIZATION OF APPROPRIATIONS

19 ‘‘SEC. 7002. (a) POLICY.—The Congress declares it

20 to be the policy of the United States, in order to ensure

21 equal educational opportunity for all children and youth

22 and to promote educational excellence, to assist State and

23 local educational agencies to build their capacity to estab24 lish, implement, and sustain programs of instruction for

25 children and youth of limited English proficiency that—
307

•S 1513 RS

1 ‘‘(1) develop their English and, to the extent

2 possible, their native language skills;

3 ‘‘(2) educate such children and youth to meet

4 the same rigorous standards for academic perform5 ance expected of all children and youth, including

6 meeting challenging State performance standards in

7 academic areas; and

8 ‘‘(3) develop bilingual skills and multi-cultural

9 understanding.

10 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—(1) For

11 the purpose of carrying out this title, except for part D,

12 there are authorized to be appropriated such sums as may

13 be necessary for each of the fiscal years 1995 through

14 1999.

15 ‘‘(2) For the purpose of carrying out part D of this

16 title, there are authorized to be appropriated such sums

17 as may be necessary for each of the fiscal years 1995

18 through 1999.

19 ‘‘DEFINITIONS

20 ‘‘SEC. 7003. (a) DEFINITIONS.—For the purpose of

21 this title:

22 ‘‘(1)(A) The term ‘bilingual education pro23 gram’—

24 ‘‘(i) means a program of instruction de25 signed specifically for children and youth of lim26 ited English proficiency at any grade level, in-
308

•S 1513 RS

1 cluding the preschool, elementary, or secondary

2 school levels, that is intended to help them de3 velop proficiency in the English and, to the ex4 tent possible, the native language and achieve

5 to high academic standards in all courses of

6 study; and

7 ‘‘(ii) may include activities to assist the

8 parents of such children and youth enrolled in

9 bilingual education programs to participate in

10 the education of their children.

11 ‘‘(B)(i) A bilingual education program may be

12 conducted in English, the native language, or both

13 languages, except that all bilingual education pro14 grams must develop proficiency in the English lan15 guage. The native language may be used in the in16 structional program to facilitate the acquisition of

17 English; to develop overall linguistic competence;

18 and to develop competence in the academic curricu19 lum.

20 ‘‘(ii) A bilingual education program must, to

21 the extent possible, incorporate the cultural heritage

22 of the children or youth of limited English pro23 ficiency served by the program, as well as the cul24 tural heritage of other children in American society.
309

•S 1513 RS

1 ‘‘(C) Children and youth proficient in English

2 may participate in a bilingual education program so

3 long as the primary purpose of the program is to

4 benefit children and youth of limited English pro5 ficiency.

6 ‘‘(2) The term ‘children and youth’ means indi7 viduals aged three through twenty-one.

8 ‘‘(3) The term ‘Director’ means the Director of

9 the Office of Bilingual Education and Minority Lan10 guages Affairs established under section 210 of the

11 Department of Education Organization Act.

12 ‘‘(4) The term ‘immigrant children and youth’

13 means individuals who—

14 ‘‘(A) are aged three through twenty-one;

15 ‘‘(B) were not born in any State; and

16 ‘‘(C) have not been attending one or more

17 schools in any one or more States for more

18 than twelve months.

19 ‘‘(5) The terms ‘limited English proficiency’

20 and ‘limited English proficient’, when used with ref21 erence to an individual, mean an individual—

22 ‘‘(A) who—

23 ‘‘(i) was not born in the United States

24 or whose native language is a language

25 other than English;
310

•S 1513 RS

1 ‘‘(ii) comes from an environment

2 where a language other than English is

3 dominant; or

4 ‘‘(iii) is an American Indian or Alaska

5 Native and comes from an environment

6 where a language other than English has

7 had a significant impact on his or her level

8 of English language proficiency; and

9 ‘‘(B) who, by reason thereof, has sufficient

10 difficulty speaking, reading, writing, or under11 standing the English language to deny such in12 dividual the opportunity to learn successfully in

13 classrooms where the language of instruction is

14 English or to participate fully in our society.

15 ‘‘(6) The term ‘native language’, when used

16 with reference to an individual of limited English

17 proficiency, means the language normally used by

18 such individual, or in the case of a child or youth,

19 the language normally used by the parents of the

20 child or youth.

21 ‘‘(7) The term ‘other programs for persons of

22 limited English proficiency’ means any programs ad23 ministered by the Secretary that directly involve bi24 lingual education activities serving persons of limited

25 English proficiency.
311

•S 1513 RS

1 ‘‘INDIAN CHILDREN IN SCHOOL

2 ‘‘SEC. 7004. (a) ELIGIBLE ENTITIES.—For the pur3 pose of carrying out programs under this title for individ4 uals served by elementary and secondary schools operated

5 predominately for Indian or Alaska Native children and

6 youth, an Indian tribe, a tribally sanctioned educational

7 authority, or an elementary or secondary school that is

8 operated or funded by the Bureau of Indian Affairs shall

9 be considered to be a local educational agency as such

10 term is used in this title, subject to the following qualifica11 tions:

12 ‘‘(1) The term ‘Indian tribe’ means any Indian

13 tribe, band, nation, or other organized group or com14 munity, including any Alaska Native village or re15 gional or village corporation as defined in or estab16 lished pursuant to the Alaska Native Claims Settle17 ment Act (43 U.S.C. 1601 et seq.), that is recog18 nized for the special programs and services provided

19 by the United States to Indians because of their sta20 tus as Indians.

21 ‘‘(2) The term ‘tribally sanctioned educational

22 authority’ means—

23 ‘‘(A) any department or division of edu24 cation operating within the administrative
312

•S 1513 RS

1 structure of the duly constituted governing body

2 of an Indian tribe; and

3 ‘‘(B) any nonprofit institution or organiza4 tion that is—

5 ‘‘(i) chartered by the governing body

6 of an Indian tribe to operate any such

7 school or otherwise to oversee the delivery

8 of educational services to members of that

9 tribe; and

10 ‘‘(ii) approved by the Secretary for

11 the purpose of this section.

12 ‘‘PART A—FINANCIAL ASSISTANCE FOR BILINGUAL

13 EDUCATION

14 ‘‘FINANCIAL ASSISTANCE FOR BILINGUAL EDUCATION

15 ‘‘SEC. 7101. (a) PURPOSE.—The purpose of this part

16 is to assist local educational agencies, through the grants

17 authorized by subsections (b), (c), and (d), to—

18 ‘‘(1) develop and enhance their capacity to pro19 vide high-quality instruction to children and youth of

20 limited English proficiency; and

21 ‘‘(2) to help such children and youth—

22 ‘‘(A) develop proficiency in English, and to

23 the extent possible, their native language; and

24 ‘‘(B) meet the same challenging State per25 formance standards expected for all children
313

•S 1513 RS

1 and youth as required by section 1111(b) of

2 this Act.

3 ‘‘(b) ENHANCEMENT GRANTS.—(1) The Secretary is

4 authorized to make grants to local educational agencies

5 to—

6 ‘‘(A) develop new bilingual education programs;

7 ‘‘(B) enhance or expand existing bilingual edu8 cation programs to meet new conditions, such as the

9 need to serve additional language groups or different

10 age or grade levels; and

11 ‘‘(C) meet the short-term needs of local edu12 cational agencies without bilingual education pro13 grams to serve children and youth of limited English

14 proficiency.

15 ‘‘(2) Grants awarded under this subsection shall be

16 for a period of up to two years.

17 ‘‘(c) COMPREHENSIVE SCHOOL GRANTS.—(1) The

18 Secretary is authorized to make grants to local educational

19 agencies for the purpose of implementing school-wide bi20 lingual education programs that serve children and youth

21 of limited English proficiency in schools with significant

22 concentrations of such children and youth.

23 ‘‘(2) Grants awarded under this subsection shall be

24 for a period of up to five years.
314

•S 1513 RS

1 ‘‘(d) COMPREHENSIVE DISTRICT GRANTS.—(1) The

2 Secretary is authorized to make grants to local educational

3 agencies for the purpose of implementing district-wide bi4 lingual education programs that serve children and youth

5 of limited English proficiency in districts with significant

6 concentrations of such children and youth.

7 ‘‘(2) Grants awarded under this subsection shall be

8 for a period of up to five years.

9 ‘‘(e) USE OF FUNDS.—(1) Recipients may use funds

10 for programs authorized by subsections (b), (c), and (d)

11 for—

12 ‘‘(A) identification and acquisition of curricular

13 materials, educational software, and technologies to

14 advance the education of children and youth of lim15 ited English proficiency;

16 ‘‘(B) parent outreach and training activities de17 signed to assist parents to become active partici18 pants in the education of their children;

19 ‘‘(C) salaries of personnel, including teacher

20 aides who have been specifically trained, or are being

21 trained, to provide services to children and youth of

22 limited English proficiency;

23 ‘‘(D) tutorials and academic or career counsel24 ing for children and youth of limited English pro25 ficiency; and
315

•S 1513 RS

1 ‘‘(E) such other activities, related to the pur2 poses of this part, as the Secretary may approve.

3 ‘‘(2) Recipients of awards under subsections (c) and

4 (d) may—

5 ‘‘(A) use such funds for pre-service and in-serv6 ice professional development of staff participating,

7 or preparing to participate, in the program, includ8 ing those who will not directly participate in the bi9 lingual instructional program, if such activities are

10 directly related to serving children and youth of lim11 ited English proficiency and will help accomplish the

12 purposes of this title; and

13 ‘‘(B) during the first 12 months of such a

14 grant, engage exclusively in activities preparatory to

15 the delivery of services, which may include program

16 design, the development of materials and procedures,

17 and activities to involve parents in the educational

18 program and to enable parents and family members

19 to assist in the education of children and youth of

20 limited English proficiency.

21 ‘‘(f) GEOGRAPHIC DISTRIBUTION OF FUNDS.—To

22 the extent possible, the Secretary shall award funds under

23 this section throughout the Nation in a manner that re24 flects the geographic distribution of children and youth of

25 limited English proficiency.
316

•S 1513 RS

1 ‘‘(g) APPLICATIONS.—(1) Any local educational agen2 cy desiring to receive a grant under this section shall sub3 mit, through its State educational agency, an application

4 to the Secretary, in such form, at such time, and contain5 ing such information and assurances as the Secretary may

6 require.

7 ‘‘(2) Each application shall—

8 ‘‘(A) describe—

9 ‘‘(i) the need for the proposed program, in10 cluding data on the number of the children and

11 youth of limited English proficiency in the

12 school or district to be served and their charac13 teristics, such as language spoken, dropout

14 rates, proficiency in English and the native lan15 guage, academic standing in relation to their

16 English proficient peers, and, where applicable,

17 the recency of immigration; and

18 ‘‘(ii) the program to be implemented and

19 how its design—

20 ‘‘(I) relates to the linguistic and aca21 demic needs of the children and youth of

22 limited English proficiency to be served;

23 and

24 ‘‘(II) is consistent with, and promotes

25 the goals in, its plan under title III of the
317

•S 1513 RS

1 Goals 2000: Educate America Act, if such

2 plan exists, and its plan under section

3 1112 of this Act, particularly as those

4 plans relate to the education of children

5 and youth of limited English proficiency;

6 and

7 ‘‘(B) provide an assurance that the applicant

8 will not reduce the level of State and local funds

9 that it expends for bilingual education programs if

10 it receives an award under this part.

11 ‘‘(3) Each application for a grant under subsections

12 (c) or (d) shall also—

13 ‘‘(A) describe—

14 ‘‘(i) current services the applicant provides

15 to children and youth of limited English pro16 ficiency;

17 ‘‘(ii) what services children and youth of

18 limited English proficiency would receive under

19 the grant that they would not otherwise receive;

20 ‘‘(iii) how funds received under this part

21 will be integrated with all other Federal, State,

22 local, and private resources that may be used to

23 serve children and youth of limited English pro24 ficiency; and
318

•S 1513 RS

1 ‘‘(iv) specific achievement and school reten2 tion goals for the children and youth to be

3 served by the proposed program and how

4 progress toward achieving such goals will be

5 measured; and

6 ‘‘(B) provide assurances that—

7 ‘‘(i) the program funded will—

8 ‘‘(I) serve all (or virtually all) of the

9 children and youth of limited English pro10 ficiency in a school participating in a pro11 gram under subsection (c); or

12 ‘‘(II) serve a significant number of the

13 children and youth of limited English pro14 ficiency in the district participating in a

15 program under subsection (d);

16 ‘‘(ii) the program funded will be integrated

17 with the overall educational program; and

18 ‘‘(iii) the application has been developed in

19 consultation with an advisory council, the ma20 jority of whose members are parents and other

21 representatives of the children and youth to be

22 served in such programs.

23 ‘‘(h) LIMITATION ON FUNDING.—(1) No more than

24 25 percent of the total amount of funds that the Secretary

25 awards under subsection (b) for any fiscal year shall be
319

•S 1513 RS

1 used to fund bilingual education programs that do not use

2 the native language.

3 ‘‘(2) No more than 25 percent of the total amount

4 of funds that the Secretary awards under subsection (c)

5 for any fiscal year shall be used to fund bilingual edu6 cation programs that do not use the native language.

7 ‘‘(i) STATE REVIEW OF APPLICATIONS UNDER PART

8 A.—In order for an eligible applicant to apply for funds

9 under this part, its State educational agency shall review

10 such application for funds and provide the Secretary with

11 timely comments on the need within the State for the pro12 posed program and whether the proposed program is con13 sistent with the State’s plan, either approved or being de14 veloped, under title III of the Goals 2000: Educate Amer15 ica Act, or, if the State does not have an approved plan

16 under title III of the Goals 2000: Educate America Act

17 and is not developing such a plan, with the State plan

18 under section 1111 of this Act.

19 ‘‘(j) CAPACITY BUILDING.—(1) Each recipient of a

20 grant under this section shall use its grant in ways that

21 will build its capacity to continue to offer high quality bi22 lingual education programs and services to children and

23 youth of limited English proficiency once Federal assist24 ance is reduced or eliminated.
320

•S 1513 RS

1 ‘‘(2) In making awards under this part for any fiscal

2 year, the Secretary shall, consistent with the quality of

3 applications and the funds available under this part, in4 crease the amount of funds used to support grants under

5 subsections (c) and (d) over the amount allotted to sub6 sections (c) and (d) in the previous fiscal year.

7 ‘‘(k) CONSORTIA.—A local educational agency that

8 receives a grant under this part may collaborate or form

9 a consortium with one or more local education agencies,

10 institutions of higher education, and nonprofit organiza11 tions to carry out the approved program.

12 ‘‘(l) SUBGRANTS.—A local educational agency that

13 receives a grant under this part may, with the approval

14 of the Secretary, make a subgrant to, or enter into a con15 tract with, an institution of higher education, a nonprofit

16 organization, or a consortium of such entities to carry out

17 an approved program, including a program to serve out18 of-school youth.

19 ‘‘(m) PARENTAL NOTIFICATION.—(1) Parents of a

20 child or youth of limited English proficiency identified for

21 enrollment in bilingual education programs shall be in22 formed of the—

23 ‘‘(A) benefits and nature of the bilingual edu24 cational program and of the instructional alter25 natives; and
321

•S 1513 RS

1 ‘‘(B) reasons for the selection of their child as

2 being in need of bilingual education.

3 ‘‘(2)(A) Parents shall also be informed that they have

4 the option of declining enrollment of their children in such

5 programs and shall be given an opportunity to do so if

6 they so choose.

7 ‘‘(B) Local educational agencies are not relieved of

8 any of their obligations under title VI of the Civil Rights

9 Act of 1964 because parents choose not to enroll their chil10 dren in bilingual education programs.

11 ‘‘(3) Parents must receive, in a manner and form un12 derstandable to them, including, if necessary and to the

13 extent feasible, in their native language, the information

14 required by this subsection. At a minimum, parents must

15 receive—

16 ‘‘(A) timely information about projects funded

17 under this part; and

18 ‘‘(B) if the parents of participating children so

19 desire, notice of opportunities for regular meetings

20 for the purpose of formulating and responding to

21 recommendations from such parents.

22 ‘‘(n) PROGRAMS IN PUERTO RICO.—Programs au23 thorized under this section in the Commonwealth of

24 Puerto Rico may, notwithstanding any other provision of

25 this title, include programs of instruction, teacher train-
322

•S 1513 RS

1 ing, curriculum development, evaluation, and testing de2 signed for children and youth of limited Spanish pro3 ficiency.

4 ‘‘PART B—RESEARCH AND EVALUATION

5 ‘‘USE OF FUNDS

6 ‘‘SEC. 7201. The Secretary is authorized to conduct

7 data collection, dissemination, research, and evaluation

8 activities for the purpose of improving bilingual education

9 programs for children and youth of limited English pro10 ficiency.

11 ‘‘RESEARCH

12 ‘‘SEC. 7202. (a) AWARDS.—The Secretary may make

13 grants and award contracts and cooperative agreements

14 for research and evaluation activities related to improving

15 and maintaining high quality bilingual educational pro16 grams for persons of limited English proficiency.

17 ‘‘(b) CONSULTATION.—The Secretary shall consult

18 with agencies and organizations that are engaged in bilin19 gual education research and practice, or related research,

20 and bilingual education researchers and practitioners to

21 identify areas of study and activities to be funded under

22 this section.

23 ‘‘ACADEMIC EXCELLENCE AWARDS

24 ‘‘SEC. 7203. (a) AWARDS.—The Secretary may make

25 grants to, and enter into contracts and cooperative agree26 ments with, State and local educational agencies, non-
323

•S 1513 RS

1 profit organizations, and institutions of higher education

2 to promote the adoption and implementation of bilingual

3 education programs that demonstrate great promise of as4 sisting children and youth of limited English proficiency

5 to meet challenging State standards.

6 ‘‘(b) APPLICATIONS.—(1) An entity desiring to re7 ceive an award under this section shall submit an applica8 tion to the Secretary in such form, at such time, and con9 taining such information and assurances as the Secretary

10 may require.

11 ‘‘(2) The Secretary shall use a peer review process,

12 using effectiveness criteria that the Secretary shall estab13 lish, to review applications under this section.

14 ‘‘(c) USE OF FUNDS.—Funds under this section shall

15 be used to enhance the capacity of States and local edu16 cation agencies to provide high quality academic programs

17 for children and youth of limited English proficiency,

18 which may include—

19 ‘‘(1) completing the development of such pro20 grams;

21 ‘‘(2) professional development of staff partici22 pating in bilingual education programs;

23 ‘‘(3) sharing strategies and materials; and

24 ‘‘(4) supporting professional networks.
324

•S 1513 RS

1 ‘‘(d) COORDINATION.—Recipients of funds under this

2 section shall coordinate their activities with those carried

3 out by comprehensive regional centers under section 2205

4 of this Act.

5 ‘‘STATE GRANT PROGRAM

6 ‘‘SEC. 7204. (a) STATE GRANT PROGRAM.—The Sec7 retary is authorized to make an award to a State edu8 cational agency that demonstrates, to the satisfaction of

9 the Secretary, that its approved plan under title III of

10 Goals 2000: Educate America Act (by amendment, if nec11 essary), if such plan exists, or, if such plan does not exist,

12 its plan under section 1111 of this Act, effectively provides

13 for the education of children and youth of limited English

14 proficiency within the State.

15 ‘‘(b) PAYMENTS.—The amount paid to a State edu16 cational agency under subsection (a) shall not exceed 10

17 percent of the total amount awarded to local educational

18 agencies within the State under part A of this title for

19 the previous fiscal year.

20 ‘‘(c) USE OF FUNDS.—(1) A State educational agen21 cy may use funds for programs authorized by this section

22 to—

23 ‘‘(A) assist local educational agencies in the

24 State with program design, capacity building, assess25 ment of student performance, and program evalua26 tion;
325

•S 1513 RS

1 ‘‘(B) operate a bilingual education advisory

2 panel under subsection (d); and

3 ‘‘(C) collect data concerning children and youth

4 of limited English proficiency.

5 ‘‘(2) Recipients of awards under this section shall not

6 restrict the provision of services under this section to fed7 erally-funded programs.

8 ‘‘(d) STATE BILINGUAL EDUCATION ADVISORY

9 PANEL.—Each State educational agency that receives

10 funds under this section shall appoint a broad-based bilin11 gual education advisory panel, with substantial represen12 tation from persons knowledgeable about the education of

13 limited English proficient students, to develop and rec14 ommend to the State educational agency guidelines for re15 viewing, and providing the Secretary with comments re16 garding, applications for funds under parts A and C of

17 this title that come from within the State.

18 ‘‘(e) APPLICATIONS.—A State educational agency de19 siring to receive an award under this section shall submit

20 an application to the Secretary in such form, at such time,

21 containing such information and assurances as the Sec22 retary may require.

23 ‘‘NATIONAL CLEARINGHOUSE FOR BILINGUAL EDUCATION

24 ‘‘SEC. 7205. (a) ESTABLISHMENT.—The Secretary

25 shall establish and support the operation of a National

26 Clearinghouse for Bilingual Education, which shall collect,
326

•S 1513 RS

1 analyze, synthesize, and disseminate information about bi2 lingual education and related programs.

3 ‘‘(b) FUNCTIONS.—The National Clearinghouse for

4 Bilingual Education shall—

5 ‘‘(1) coordinate its activities with Federal data

6 and information clearinghouses and dissemination

7 networks and systems; and

8 ‘‘(2) develop a data base management and mon9 itoring system for improving the operation and effec10 tiveness of funded programs.

11 ‘‘EVALUATIONS

12 ‘‘SEC. 7206. (a) PROGRAM EVALUATIONS UNDER

13 PART A.—(1) Each recipient of funds under part A of

14 this title shall provide the Secretary with an evaluation,

15 in the form prescribed by the Secretary, of its program

16 every two years.

17 ‘‘(2) Such evaluation shall be used by a grantee—

18 ‘‘(A) for program improvement;

19 ‘‘(B) to further define the local program’s goals

20 and objectives; and

21 ‘‘(C) to determine program effectiveness.

22 ‘‘(3) Evaluations shall include—

23 ‘‘(A) student outcome indicators that measure

24 progress toward the performance standards set out

25 in the State’s plan, either approved or being devel26 oped, under title III of the Goals 2000: Educate
327

•S 1513 RS

1 America Act, or, if the State does not have an ap2 proved plan under title III of the Goals 2000: Edu3 cate America Act and is not developing such a plan,

4 with the State plan approved or being developed

5 under section 1111 of this Act, including data com6 paring children and youth of limited English pro7 ficiency with nonlimited English proficient children

8 and youth with regard to school retention, academic

9 achievement, and gains in English (and, where appli10 cable, native language) proficiency;

11 ‘‘(B) program implementation indicators that

12 provide information for informing and improving

13 program management and effectiveness, including

14 data on appropriateness of curriculum in relation15 ship to grade and course requirements, appropriate16 ness of program management, appropriateness of

17 the program’s staff professional development, and

18 appropriateness of the language of instruction;

19 ‘‘(C) program context indicators that describe

20 the relationship of the activities funded under the

21 grant to the overall school program and other Fed22 eral, State, or local programs serving children and

23 youth of limited English proficiency; and

24 ‘‘(D) such other information as the Secretary

25 may require.
328

•S 1513 RS

1 ‘‘(b) PROGRAM EVALUATIONS UNDER PART C.—(1)

2 Each recipient of funds under part C of this title shall

3 provide the Secretary with an evaluation of its program

4 every two years.

5 ‘‘(2) Such evaluation shall include data on—

6 ‘‘(A) post-program placement of persons

7 trained;

8 ‘‘(B) how the training relates to the employ9 ment of persons served by the program;

10 ‘‘(C) program completion; and

11 ‘‘(D) such other information as the Secretary

12 may require.

13 ‘‘PART C—PROFESSIONAL DEVELOPMENT

14 ‘‘PURPOSE

15 ‘‘SEC. 7301. The purpose of this part is to improve

16 the quality of instruction for children and youth of limited

17 English proficiency—

18 ‘‘(1) through professional development pro19 grams designed—

20 ‘‘(A) for persons preparing to provide serv21 ices for children and youth of limited English

22 proficiency;

23 ‘‘(B) to improve the skills of persons cur24 rently providing services to children and youth

25 of limited English proficiency; and
329

•S 1513 RS

1 ‘‘(C) for other staff in schools serving chil2 dren and youth of limited English proficiency;

3 and

4 ‘‘(2) by disseminating information on appro5 priate instructional practices and activities for chil6 dren and youth of limited English proficiency to

7 other school personnel, including teachers not cur8 rently serving such children and youth.

9 ‘‘PROFESSIONAL DEVELOPMENT GRANTS

10 ‘‘SEC. 7302. (a) GRANTS TO INSTITUTIONS OF HIGH11 ER EDUCATION.—(1) The Secretary is authorized to make

12 grants to institutions of higher education for—

13 ‘‘(A) pre-service and in-service professional de14 velopment for individuals who are either involved in,

15 or preparing to be involved in, the provision of edu16 cational services for children and youth of limited

17 English proficiency; and

18 ‘‘(B) national professional development insti19 tutes that assist schools or departments of education

20 in institutions of higher education to improve the

21 quality of professional development programs for

22 personnel serving, preparing to serve, or who may

23 serve, children and youth of limited English pro24 ficiency.

25 ‘‘(b) GRANTS TO STATE AND LOCAL EDUCATIONAL

26 AGENCIES.—The Secretary may make grants to State and
330

•S 1513 RS

1 local educational agencies for in-service professional devel2 opment programs that prepare current school personnel

3 to provide effective services to limited English proficient

4 students.

5 ‘‘(c) USE OF FUNDS FOR SECOND LANGUAGE COM6 PETENCE.—Awards under this section may be used to de7 velop a program participant’s competence in a second lan8 guage.

9 ‘‘(d) APPLICATIONS.—(1) An institution of higher

10 education, or a state or local educational agency desiring

11 to receive an award under this section shall submit,

12 through its State educational agency, an application to the

13 Secretary, in such form, at such time, and containing such

14 information and assurances as the Secretary may require.

15 ‘‘(2) Each application shall contain a description of

16 how the applicant has consulted with, and assessed the

17 needs of, public and private schools serving children and

18 youth of limited English proficiency to determine their

19 need for and the design of the program for which funds

20 are sought.

21 ‘‘(3)(A) An application for a grant under subsection

22 (a) from an applicant who proposes to conduct a masters

23 or doctoral-level program with funds received under this

24 section shall provide an assurance that such program will

25 include, as a part of the program, a training practicum
331

•S 1513 RS

1 in a local school program serving children and youth of

2 limited English proficiency.

3 ‘‘(B) A recipient of a grant under subsection (a) may

4 waive the requirement of a training practicum for a degree

5 candidate with significant experience in a local school pro6 gram serving children and youth of limited English pro7 ficiency.

8 ‘‘(4) In order for an institution of higher education

9 or a local educational agency to apply for funds under this

10 section, its State educational agency shall review such ap11 plication for funds and provide the Secretary with timely

12 comments on the need within the State for the proposed

13 program and whether the proposed program is consistent

14 with the State’s plan, either approved or being developed,

15 under title III of Goals 2000: Educate America Act, or,

16 if the State does not have an approved plan under title

17 III of Goals 2000: Educate America Act and is not devel18 oping such a plan, with the State plan under section 1111

19 of this Act and section 2125 of this Act.

20 ‘‘FELLOWSHIPS

21 ‘‘SEC. 7303. (a) ACADEMIC FELLOWSHIPS.—The

22 Secretary may award fellowships for masters, doctoral,

23 and post-doctoral study related to instruction of children

24 and youth of limited English proficiency in such areas as

25 teacher training, program administration, research and
332

•S 1513 RS

1 evaluation, and curriculum development, and for the sup2 port of dissertation research related to such study.

3 ‘‘(b) REPAYMENT.—(1) Any person receiving a fel4 lowship under this section shall agree to—

5 ‘‘(A) work in an activity related to the program

6 or in an activity such as those authorized under the

7 program for a period of time equivalent to the period

8 of time during which such person receives assistance

9 under this title; or

10 ‘‘(B) repay such assistance.

11 ‘‘(2) The Secretary shall establish in regulations such

12 terms and conditions for such agreement as he or she

13 deems reasonable and necessary and may waive the re14 quirement of paragraph (1) in extraordinary cir15 cumstances.

16 ‘‘STIPENDS

17 ‘‘SEC. 7304. The Secretary shall provide for the pay18 ment of such stipends (including allowances for subsist19 ence and other expenses for such persons and their de20 pendents), as the Secretary determines to be appropriate,

21 to persons participating in training programs under this

22 part.
333

•S 1513 RS

1 ‘‘PART D—EMERGENCY IMMIGRANT EDUCATION

2 PROGRAM

3 ‘‘PURPOSE

4 ‘‘SEC. 7401. The purpose of this part is to assist eli5 gible State and local educational agencies that experience

6 unexpectedly large increases in their student population

7 due to immigration to—

8 ‘‘(1) provide high-quality instruction to immi9 grant children and youth; and

10 ‘‘(2) help such children and youth—

11 ‘‘(A) with their transition into American

12 society; and

13 ‘‘(B) meet the same challenging State per14 formance standards expected of all children and

15 youth.

16 ‘‘EMERGENCY IMMIGRANT EDUCATION GRANTS

17 ‘‘SEC. 7402. (a) GRANTS AUTHORIZED.—(1) The

18 Secretary is authorized to make grants to eligible local

19 educational agencies to—

20 ‘‘(A) develop new instructional programs for

21 immigrant children and youth;

22 ‘‘(B) enhance or expand existing instructional

23 programs for immigrant children and youth; and

24 ‘‘(C) meet the short-term needs of local edu25 cational agencies without instructional programs for

26 immigrant children and youth.
334

•S 1513 RS

1 ‘‘(2) Grants awarded under this part shall be for a

2 period of up to two years.

3 ‘‘(b) ELIGIBLE LOCAL EDUCATIONAL AGENCY.—For

4 the purpose of this part, an eligible local educational agen5 cy is a local educational agency that has enrolled, in the

6 aggregate, over the current school year and the preceding

7 school year—

8 ‘‘(1) at least 1,000 immigrant children and

9 youth; or

10 ‘‘(2) immigrant children and youth in numbers

11 that represent at least 10 percent of the local edu12 cational agency’s total enrollment.

13 ‘‘(c) APPLICATIONS.—(1) Any eligible local edu14 cational agency desiring to receive a grant under this part

15 shall submit to the Secretary an application in such form,

16 at such time, and containing such information and assur17 ances as the Secretary may require.

18 ‘‘(2) Each application shall—

19 ‘‘(A) describe—

20 ‘‘(i) the need for the proposed program, in21 cluding data on the number of the immigrant

22 children and youth in the districts to be served

23 and their characteristics, such as language spo24 ken, dropout rates, proficiency in English and
335

•S 1513 RS

1 the native language, and academic standing in

2 relation to their English proficient peers; and

3 ‘‘(ii) the program to be implemented and

4 how its design—

5 ‘‘(I) relates to the linguistic and aca6 demic needs of the immigrant children and

7 youth to be served; and

8 ‘‘(II) is consistent with, and promotes

9 the goals in, its plan under title III of the

10 Goals 2000: Educate America Act, if such

11 plan exists, and its plan under section

12 1112 of this Act, particularly as those

13 plans relate to the education of immigrant

14 children and youth; and

15 ‘‘(B) provide an assurance that the applicant

16 will not reduce the level of State and local funds

17 that it expends for instructional programs for immi18 grant children and youth if it receives an award

19 under this part.

20 ‘‘(d) USE OF FUNDS.—Funds awarded under this

21 part shall be used to pay for enhanced instructional oppor22 tunities for immigrant children and youth, which may in23 clude—
336

•S 1513 RS

1 ‘‘(1) parent outreach and training activities de2 signed to assist parents to become active partici3 pants in the education of their children;

4 ‘‘(2) salaries of personnel, including teacher

5 aides who have been specifically trained, or are being

6 trained, to provide services to immigrant children

7 and youth;

8 ‘‘(3) tutorials and academic or career counsel9 ing for immigrant children and youth;

10 ‘‘(4) identification and acquisition of curricular

11 materials, educational software, and technologies to

12 be used in the program; and

13 ‘‘(5) such other activities, related to the pur14 poses of this part, as the Secretary may authorize.

15 ‘‘(e) CONSORTIA.—A local educational agency that

16 receives a grant under this part may collaborate or form

17 a consortium with one or more local educational agencies,

18 institutions of higher education, and non-profit organiza19 tions to carry out the approved program.

20 ‘‘(f) SUBGRANTS.—A local educational agency that

21 receives a grant under this part may, with the approval

22 of the Secretary, make a subgrant to, or enter into a con23 tract with, an institution of higher education, a non-profit

24 organization, or a consortium of such entities to carry out
337

•S 1513 RS

1 an approved program, including a program to serve out2 of-school youth.

3 ‘‘PART E—ADMINISTRATION

4 ‘‘COORDINATION WITH RELATED PROGRAMS

5 ‘‘SEC. 7501. In order to maximize the effectiveness

6 of Federal efforts aimed at serving the educational needs

7 of children and youth of limited English proficiency, the

8 Secretary shall coordinate and ensure close cooperation

9 with other programs administered by the Department of

10 Education, including programs in such areas as teacher

11 training, program content, research, and curriculum.

12 ‘‘REPORT ON BILINGUAL EDUCATION

13 ‘‘SEC. 7502. The Secretary shall, within three years

14 from the date of enactment of the Improving America’s

15 Schools Act of 1993, and every third year thereafter, sub16 mit to the Congress a report on the condition of bilingual

17 education. The report shall include—

18 ‘‘(1) information on—

19 ‘‘(A) the grants, contracts, and cooperative

20 agreements made pursuant to this title in the

21 preceding three fiscal years;

22 ‘‘(B) the number of individuals benefiting

23 from the programs assisted under this title;

24 ‘‘(C) the evaluation of activities carried out

25 under this title during the preceding three fiscal

26 years and the extent to which each of such ac-
338

•S 1513 RS

1 tivities achieves the policy set forth in section

2 7002(a);

3 ‘‘(D) an estimate of the number of teach4 ers and other school personnel for bilingual

5 education that will be necessary for the three

6 succeeding fiscal years; and

7 ‘‘(E) the research activities carried out

8 under this title during the preceding three fiscal

9 years and the major findings of research stud10 ies; and

11 ‘‘(2) an analysis and synthesis of such data.

12 ‘‘STATE EDUCATIONAL AGENCY RECOMMENDATIONS;

13 PEER REVIEW

14 ‘‘SEC. 7503. (a) STATE EDUCATIONAL AGENCY REC15 OMMENDATIONS.—In making awards under parts A and

16 C of this title, the Secretary shall take State educational

17 agency recommendations into account.

18 ‘‘(b) PEER REVIEW.—(1) In making awards under

19 parts A, C, and D of this title and in making funding

20 decisions for continuation grants under parts A and C of

21 this title, the Secretary may solicit recommendations from

22 peer review panels composed of individuals experienced in

23 aspects of the education of limited English proficient stu24 dents.
339

•S 1513 RS

1 ‘‘(2) The Secretary may use up to .2 percent of the

2 total amount of funds appropriated for each fiscal year

3 for programs authorized under this title for peer review.

4 ‘‘PART F—SPECIAL RULE

5 ‘‘SPECIAL RULE

6 ‘‘SEC. 7601. Notwithstanding any other provision of

7 this title, no recipient of a grant under title VII of this

8 Act as in effect prior to the enactment of the Improving

9 America’s Schools Act of 1993 shall be eligible for fourth10 and fifth-year renewals authorized by section

11 7021(d)(1)(C) of this title as in effect prior to such enact12 ment.

13 ‘‘TITLE VIII—IMPACT AID

14 ‘‘FINDINGS

15 ‘‘SEC. 8001. The Congress finds that—

16 ‘‘(1) certain activities of the Federal Govern17 ment place a financial burden on the local edu18 cational agencies serving areas where such activities

19 are carried out; and

20 ‘‘(2) it is the shared responsibility of the Fed21 eral Government, the States, and local educational

22 agencies to provide for the education of children con23 nected to those activities.

24 ‘‘PURPOSE

25 ‘‘SEC. 8002. In order to fulfill the Federal respon26 sibility to assist with the provision of educational services
340

•S 1513 RS

1 to federally connected children, and to help them meet

2 challenging State standards, it is the purpose of this title

3 to provide financial assistance to local educational agen4 cies that—

5 ‘‘(1) educate children who reside on Federal

6 property and whose parents are employed on Federal

7 property;

8 ‘‘(2) experience sudden and substantial in9 creases in enrollments because of military

10 realignments; or

11 ‘‘(3) need special assistance with capital ex12 penditures for construction activities because of the

13 enrollments of substantial numbers of children who

14 reside on Indian lands.

15 ‘‘PAYMENTS FOR ELIGIBLE CHILDREN

16 ‘‘SEC. 8003. (a) ELIGIBLE CHILDREN.—For the pur17 pose of computing the amount that a local educational

18 agency is eligible to receive under subsection (b) or (c)

19 of this section for any fiscal year, the Secretary shall de20 termine the number of children who were in average daily

21 attendance in the schools of such agency, and for whom

22 such agency provided free public education, during the

23 preceding school year and who, while in attendance at

24 such schools—

25 ‘‘(1) resided on Federal property with a parent

26 employed on Federal property located, in whole or in
341

•S 1513 RS

1 part, within the boundaries of the school district of

2 such agency;

3 ‘‘(2) resided on Federal property and had a

4 parent on active duty in the uniformed services (as

5 defined in section 101 of title 37, United States

6 Code); or

7 ‘‘(3) resided on Indian lands, as defined in sec8 tion 8012(6) of this title.

9 ‘‘(b) BASIC SUPPORT PAYMENTS.—(1) From the

10 amount appropriated under section 8013(a) for any fiscal

11 year, the Secretary is authorized to make payments to

12 local educational agencies with children described in sub13 section (a).

14 ‘‘(2) The maximum amount that a local educational

15 agency is eligible to receive under this subsection for any

16 fiscal year is—

17 ‘‘(A) the total number of children determined

18 under subsection (a) (1) and (2), plus 1.25 times the

19 number of children determined under subsection

20 (a)(3), for such agency; multiplied by

21 ‘‘(B) the average per-pupil expenditure of local

22 educational agencies in such agency’s State for the

23 third preceding fiscal year, as determined by the

24 Secretary; multiplied by
342

•S 1513 RS

1 ‘‘(C) the local contribution percentage for the

2 third preceding fiscal year, as determined by the

3 Secretary.

4 ‘‘(3) If the amount appropriated under section

5 8013(a) for any fiscal year is insufficient to pay to each

6 local educational agency the amount determined under

7 paragraph (2), the Secretary shall ratably reduce each

8 such payment.

9 ‘‘(c) SUPPLEMENTAL PAYMENTS FOR CERTAIN CHIL10 DREN WITH DISABILITIES.—(1) From the amount appro11 priated under section 8013(b) for any fiscal year, the Sec12 retary shall make supplemental payments to local edu13 cational agencies that receive basic support payments

14 under subsection (b).

15 ‘‘(2) The maximum amount that a local educational

16 agency is eligible to receive under this subsection for any

17 fiscal year is—

18 ‘‘(A) the number of children with disabilities, as

19 defined in section 602(a)(1) of the Individuals with

20 Disabilities Education Act, described in paragraphs

21 (2) and (3) of subsection (a), to whom the local edu22 cational agency provided a free appropriate public

23 education in accordance with such Act in the preced24 ing school year; multiplied by
343

•S 1513 RS

1 ‘‘(B) 50 percent of the average per-pupil ex2 penditure determined under subsection (b)(2)(B);

3 multiplied by

4 ‘‘(C) the local contribution percentage deter5 mined by the Secretary under subsection (b)(2)(C).

6 ‘‘(3) If the amount appropriated under section

7 8013(b) for any fiscal year is insufficient to pay to each

8 local educational agency the amount determined under

9 paragraph (2), the Secretary shall ratably reduce each

10 such payment.

11 ‘‘(4) A local educational agency shall use any funds

12 it receives under this subsection to provide a free appro13 priate public education to children described in paragraph

14 (2), in accordance with part B of the Individuals with Dis15 abilities Education Act.

16 ‘‘(d) HOLD-HARMLESS AMOUNTS.—(1) Notwith17 standing any other provision of this section, the total

18 amount that the Secretary shall pay a local educational

19 agency under subsections (b) and (c) of this section—

20 ‘‘(A) for fiscal year 1995, shall not be less than

21 80 percent of the payment such agency received for

22 fiscal year 1994 under section 3(a) of Public Law

23 81–874, as in effect for fiscal year 1994;

24 ‘‘(B) for fiscal year 1996, shall not be less than

25 60 percent of such fiscal year 1994 payment; and
344

•S 1513 RS

1 ‘‘(C) for fiscal year 1997, shall not be less than

2 40 percent of such fiscal year 1994 payment.

3 ‘‘(2) If necessary in order to make payments to local

4 educational agencies in accordance with paragraph (1),

5 the Secretary shall reduce payments to other local edu6 cational agencies determined under subsection (b).

7 ‘‘POLICIES AND PROCEDURES FOR CHILDREN RESIDING

8 ON INDIAN LANDS

9 ‘‘SEC. 8004. (a) POLICIES AND PROCEDURES RE10 QUIRED.—Any local educational agency that claims chil11 dren residing on Indian lands for the purpose of receiving

12 funds under section 8003 of this title shall establish poli13 cies and procedures to ensure that—

14 ‘‘(1) such children participate in programs and

15 activities supported by such funds on an equal basis

16 with all other children;

17 ‘‘(2) parents of such children and Indian tribes

18 are afforded an opportunity to present their views on

19 such programs and activities, including an oppor20 tunity to make recommendations on the needs of

21 those children and how they may help those children

22 realize the benefits of those programs and activities;

23 ‘‘(3) parents and Indian tribes are consulted

24 and involved in planning and developing such pro25 grams and activities;
345

•S 1513 RS

1 ‘‘(4) relevant applications, evaluations, and pro2 gram plans are disseminated to the parents and In3 dian tribes; and

4 ‘‘(5) parents and Indian tribes are afforded an

5 opportunity to present their views on the agency’s

6 general educational program.

7 ‘‘(b) RECORDS.—Each such agency shall maintain

8 records demonstrating its compliance with subsection (a).

9 ‘‘(c) WAIVER.—Any such agency is excused from the

10 requirements of subsections (a) and (b) for any year with

11 respect to any Indian tribe from which it has received a

12 written statement that the agency need not comply with

13 those subsections because the tribe is satisfied with the

14 agency’s provision of educational services to such children.

15 ‘‘(d) TECHNICAL ASSISTANCE AND ENFORCE16 MENT.—The Secretary shall—

17 ‘‘(1) provide technical assistance to local edu18 cational agencies, parents, and Indian tribes to en19 able them to carry out this section; and

20 ‘‘(2) enforce this section through such actions,

21 which may include the withholding of funds, as the

22 Secretary finds appropriate, after affording the local

23 educational agency, parents, and affected Indian

24 tribes an opportunity to present their views.
346

•S 1513 RS

1 ‘‘APPLICATIONS FOR PAYMENTS UNDER SECTION 8003

2 ‘‘SEC. 8005. (a) APPLICATIONS REQUIRED.—Any

3 local educational agency wishing to receive a payment

4 under section 8003 of this title shall—

5 ‘‘(1) file an application therefor with the Sec6 retary; and

7 ‘‘(2) provide a copy of its application to the

8 State educational agency.

9 ‘‘(b) APPLICATION CONTENTS.—Each such applica10 tion shall be submitted in such form and manner, and

11 shall contain such information, as the Secretary may re12 quire, including—

13 ‘‘(1) information to determine such agency’s eli14 gibility for a payment and the amount of any such

15 payment; and

16 ‘‘(2) where applicable, an assurance that such

17 agency is in compliance with section 8004 of this

18 title, relating to children residing on Indian lands.

19 ‘‘(c) DEADLINE FOR SUBMITTING; APPROVAL.—(1)

20 The Secretary shall establish deadlines for the filing of

21 applications under this section.

22 ‘‘(2) The Secretary shall approve each application

23 submitted under this section that is filed by the deadline

24 established under paragraph (1) and otherwise meets the

25 requirements of this title.
347

•S 1513 RS

1 ‘‘(3) The Secretary shall approve an application filed

2 up to 60 days after a deadline established under sub3 section (c) that otherwise meets the requirements of this

4 title, except that, notwithstanding section 8003(d) or any

5 other provision of this title, the Secretary shall reduce the

6 payment based on such late application by ten percent of

7 the amount that would otherwise be paid.

8 ‘‘(4) The Secretary shall not accept or approve any

9 application filed more than 60 days after a deadline estab10 lished under paragraph (1).

11 ‘‘SUDDEN AND SUBSTANTIAL INCREASES IN ATTENDANCE

12 OF MILITARY DEPENDENTS

13 ‘‘SEC. 8006. (a) ELIGIBILITY.—A local educational

14 agency is eligible for a payment under this section if—

15 ‘‘(1) the number of children in average daily at16 tendance during the current school year is at least

17 ten percent or 100 more than the number of chil18 dren in average daily attendance in the preceding

19 school year; and

20 ‘‘(2) the number of children in average daily at21 tendance with a parent on active duty (as defined in

22 section 101(18) of title 37, United States Code) in

23 the Armed Forces who are in attendance at such

24 agency because of the assignment of their parent to

25 a new duty station between July 1 and September

26 30, inclusive, of the current year, as certified by an
348

•S 1513 RS

1 appropriate local official of the Department of De2 fense, is at least ten percent or 100 more than the

3 number of children in average daily attendance in

4 the preceding school year.

5 ‘‘(b) APPLICATION.—Any local educational agency

6 that wishes to receive a payment under this section shall

7 file an application therefor with the Secretary by October

8 15 of the current school year, in such manner and contain9 ing such information as the Secretary may prescribe, in10 cluding information demonstrating that it is eligible for

11 such a payment.

12 ‘‘(c) CHILDREN TO BE COUNTED.—For each eligible

13 local educational agency that applies for a payment under

14 this section, the Secretary shall determine the lesser of—

15 ‘‘(1) the increase in the number of children in

16 average daily attendance from the preceding year;

17 and

18 ‘‘(2) the number of children described in sub19 section (a)(2).

20 ‘‘(d) PAYMENTS.—The Secretary shall pay each local

21 educational agency with an approved application an

22 amount, not to exceed $200 per eligible child, equal to—

23 ‘‘(1) the amount available to carry out this sec24 tion, including any funds carried over from prior

25 years, divided by the number of children determined
349

•S 1513 RS

1 under subsection (c) for all such local educational

2 agencies; multiplied by

3 ‘‘(2) the number of such children determined

4 for that local educational agency.

5 ‘‘CONSTRUCTION

6 ‘‘SEC. 8007. (a) PAYMENTS AUTHORIZED.—From

7 the amount appropriated for each fiscal year under section

8 8013(d), the Secretary shall make payments to each local

9 educational agency—

10 ‘‘(1) that receives a basic payment under sec11 tion 8003(b); and

12 ‘‘(2) in which the number of children deter13 mined under section 8003(a) who resided on Indian

14 lands constituted at least 50 percent of the number

15 of children who were in average daily attendance in

16 the schools of such agency during the preceding

17 school year.

18 ‘‘(b) AMOUNT OF PAYMENTS.—The amount of a pay19 ment to each such agency shall be equal to—

20 ‘‘(1) the amount so appropriated under section

21 8013(d); divided by

22 ‘‘(2) the number of children determined under

23 section 8003(a) for all such agencies, but not includ24 ing any children attending a school assisted or pro25 vided by the Secretary under section 8008 of this
350

•S 1513 RS

1 title or section 10 of Public Law 81–815, as in ef2 fect prior to the repeal of such statute; multiplied by

3 ‘‘(3) the number of such children determined

4 for such agency.

5 ‘‘(c) USE OF FUNDS.—Any local educational agency

6 that receives funds under this section shall use such funds

7 for construction, as defined in section 8012(3) of this title.

8 ‘‘MINIMUM SCHOOL FACILITIES ASSISTED BY THE

9 SECRETARY

10 ‘‘SEC. 8008. (a) CURRENT FACILITIES.—From the

11 amount appropriated for any fiscal year under section

12 8013(e), the Secretary may continue to provide assistance

13 for school facilities that were supported by the Secretary

14 under section 10 of Public Law 81–815 as in effect prior

15 to the repeal of such statute.

16 ‘‘(b) TRANSFER OF FACILITIES.—(1) The Secretary

17 shall, as soon as practicable, transfer to the appropriate

18 local educational agency or another appropriate entity all

19 the right, title, and interest of the United States in and

20 to each facility provided under section 10 of Public Law

21 81–815, or under sections 204 or 310 of Public Law 81–

22 874 as in effect on January 1, 1958.

23 ‘‘(2) Any such transfer shall be without charge to

24 such agency or entity and shall be subject to such terms

25 and conditions as the Secretary finds appropriate.
351

•S 1513 RS

1 ‘‘STATE CONSIDERATION OF PAYMENTS IN PROVIDING

2 STATE AID

3 ‘‘SEC. 8009. (a) GENERAL PROHIBITION ON STATE

4 CONSIDERATION.—Except as provided in subsection (b),

5 no State shall—

6 ‘‘(1) consider payments under this title or

7 under Public Law 81–874 in determining, for any

8 fiscal year—

9 ‘‘(A) the eligibility of any local educational

10 agency for State aid for free public education;

11 or

12 ‘‘(B) the amount of such aid; or

13 ‘‘(2) make such aid available to local edu14 cational agencies in a manner that results in less

15 State aid to any local educational agency that is eli16 gible for such payment than it would receive if it

17 were not so eligible.

18 ‘‘(b) STATE EQUALIZATION PLANS.—(1) Notwith19 standing subsection (a), a State may reduce State aid to

20 a local educational agency that receives a payment under

21 section 8003(b) of this title or under Public Law 81–874

22 (other than a payment under section 2 or an increase in

23 payments described in paragraphs (2)(B), (2)(C), (2)(D),

24 or (3)(B)(ii) of section 3(d)) for any fiscal year if the Sec25 retary determines, and certifies under subsection
352

•S 1513 RS

1 (c)(3)(A), that the State has in effect a program of State

2 aid that equalizes expenditures for free public education

3 among local educational agencies in the State.

4 ‘‘(2)(A) For the purpose of paragraph (1), a program

5 of State aid equalizes expenditures among local edu6 cational agencies if, in the second preceding fiscal year,

7 the amount of per-pupil expenditures made by, or per8 pupil revenues available to, the local educational agency

9 in the State with the highest such per-pupil expenditures

10 or revenues did not exceed the amount of such per-pupil

11 expenditures made by, or per-pupil revenues available to,

12 the local educational agency in the State with the lowest

13 such expenditures or revenues by more than 25 percent.

14 ‘‘(B) In making a determination under this sub15 section, the Secretary shall—

16 ‘‘(i) disregard local educational agencies with

17 per-pupil expenditures or revenues above the 95th

18 percentile of such expenditures or revenues in the

19 State; and

20 ‘‘(ii) take into account the extent to which a

21 program of State aid reflects the additional cost of

22 providing free public education in particular types of

23 local educational agencies, such as those that are

24 geographically isolated, or to particular types of stu25 dents, such as children with disabilities.
353

•S 1513 RS

1 ‘‘(3) Notwithstanding paragraph (2), if the Secretary

2 determines that the State has substantially revised its pro3 gram of State aid, the Secretary may certify such program

4 for any fiscal year only if—

5 ‘‘(A) the Secretary determines, on the basis of

6 projected data, that the State’s program will meet

7 the 25 percent disparity standard described in para8 graph (2) in that fiscal year; and

9 ‘‘(B) the State provides an assurance to the

10 Secretary that, if final data do not demonstrate that

11 the State’s program met such standard for that year

12 (or that it met such standard with a greater percent13 age of disparity than anticipated), the State will pay

14 to each affected local educational agency the amount

15 by which it reduced State aid to the local edu16 cational agency on the basis of such certification, or

17 a proportionate share thereof, as the case may be.

18 ‘‘(c) PROCEDURES FOR REVIEW OF STATE EQUALI19 ZATION PLANS.—(1)(A) Any State that wishes to consider

20 payments described in subsection (b)(1) in providing State

21 aid to local educational agencies shall submit to the Sec22 retary, not later than 120 days before the beginning of

23 the State’s fiscal year, a written notice of its intention to

24 do so.
354

•S 1513 RS

1 ‘‘(B) Such notice shall be in the form and contain

2 the information the Secretary requires, including evidence

3 that the State has notified each local educational agency

4 in the State of its intention to consider such payments

5 in providing State aid.

6 ‘‘(2) Before making a determination under subsection

7 (b), the Secretary shall afford the State, and local edu8 cational agencies in the State, an opportunity to present

9 their views.

10 ‘‘(3)(A) If the Secretary determines that a program

11 of State aid qualifies under subsection (b), the Secretary

12 shall—

13 ‘‘(i) certify the program and so notify the State;

14 and

15 ‘‘(ii) afford an opportunity for a hearing, in ac16 cordance with section 8011(a), to any local edu17 cational agency adversely affected by such certifi18 cation.

19 ‘‘(B) If the Secretary determines that a program of

20 State aid does not qualify under subsection (b), the Sec21 retary shall—

22 ‘‘(i) so notify the State; and

23 ‘‘(ii) afford an opportunity for a hearing, in ac24 cordance with section 8011(a), to the State, and to
355

•S 1513 RS

1 any local educational agency adversely affected by

2 such determination.

3 ‘‘(d) REDUCTIONS OF STATE AID.—(1) A State

4 whose program of State aid has been certified by the Sec5 retary under subsection (c)(3)(A) may reduce the amount

6 of such aid provided to a local educational agency that

7 receives a payment described in subsection (b)(1) by any

8 amount up to—

9 ‘‘(A) the amount of such payment; multiplied

10 by

11 ‘‘(B) 100 percent minus the percentage of dis12 parity determined under subsection (b).

13 ‘‘(2) No State may make such reductions before its

14 program of State aid has been certified by the Secretary

15 under subsection (c)(3)(A).

16 ‘‘(e) REMEDIES FOR STATE VIOLATIONS.—(1) The

17 Secretary or any aggrieved local educational agency may,

18 without exhausting administrative remedies, bring an ac19 tion in United States district court against any State that

20 violates subsection (a) or subsection (d)(2) of this section

21 or fails to carry out an assurance provided under sub22 section (b)(3)(B) of this section.

23 ‘‘(2) A State shall not be immune under the eleventh

24 amendment to the Constitution of the United States from

25 such action.
356

•S 1513 RS

1 ‘‘(3) The court shall grant such relief, other than

2 monetary damages, as it determines is appropriate, which

3 may include attorney’s fees to a prevailing local edu4 cational agency.

5 ‘‘FEDERAL ADMINISTRATION

6 ‘‘SEC. 8010. (a) PAYMENTS IN WHOLE DOLLAR

7 AMOUNTS.—The Secretary shall round any payments

8 under this title to the nearest whole dollar amount.

9 ‘‘(b) OTHER AGENCIES.—Each Federal agency ad10 ministering Federal property on which children reside, and

11 each agency principally responsible for an activity that

12 may occasion assistance under this title, shall, to the maxi13 mum extent practicable, comply with requests of the Sec14 retary for information the Secretary may need to carry

15 out this title.

16 ‘‘ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW

17 ‘‘SEC. 8011. (a) ADMINISTRATIVE HEARINGS.—Any

18 local educational agency and any State that is adversely

19 affected by any action of the Secretary under this title

20 shall be entitled to a hearing on such action in the same

21 manner as if such agency were a person under chapter

22 5 of title 5, United States Code.

23 ‘‘(b) JUDICIAL REVIEW OF SECRETARIAL ACTION.—

24 (1) Any local educational agency or any State aggrieved

25 by the Secretary’s final decision following an agency pro26 ceeding under subsection (a) may, within 60 days after
357

•S 1513 RS

1 receiving notice of such decision, file with the United

2 States court of appeals for the circuit in which such agen3 cy or State is located a petition for review of that action.

4 The clerk of the court shall promptly transmit a copy of

5 the petition to the Secretary. The Secretary shall then file

6 in the court the record of the proceedings on which the

7 Secretary’s action was based, as provided in section 2112

8 of title 28, United States Code.

9 ‘‘(2) The findings of fact by the Secretary, if sup10 ported by substantial evidence, shall be conclusive, but the

11 court, for good cause shown, may remand the case to the

12 Secretary to take further evidence. The Secretary may

13 thereupon make new or modified findings of fact and may

14 modify the Secretary’s previous action, and shall file in

15 the court the record of the further proceedings. Such new

16 or modified findings of fact shall likewise be conclusive if

17 supported by substantial evidence.

18 ‘‘(3) The court shall have exclusive jurisdiction to af19 firm the action of the Secretary or to set it aside, in whole

20 or in part. The judgment of the court shall be subject to

21 review by the Supreme Court of the United States upon

22 certiorari or certification as provided in section 1254 of

23 title 28, United States Code.

24 ‘‘DEFINITIONS

25 ‘‘SEC. 8012. As used in this title, the following terms

26 have the following meanings:
358

•S 1513 RS

1 ‘‘(1) ARMED FORCES.—The term ‘Armed

2 Forces’ means the Army, Navy, Air Force, and Ma3 rine Corps.

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

5 term ‘average per-pupil expenditure’ means—

6 ‘‘(A) the aggregate current expenditures of

7 all local educational agencies in the State; di8 vided by

9 ‘‘(B) the total number of children in aver10 age daily attendance for whom such agencies

11 provided free public education.

12 ‘‘(3) CONSTRUCTION.—The term ‘construction’

13 means—

14 ‘‘(A) the preparation of drawings and spec15 ifications for school facilities;

16 ‘‘(B) erecting, building, acquiring, altering,

17 remodeling, repairing, or extending school facili18 ties;

19 ‘‘(C) inspecting and supervising the con20 struction of school facilities; and

21 ‘‘(D) debt service for such activities.

22 ‘‘(4) FEDERAL PROPERTY.—(A) Except as oth23 erwise described in paragraphs (B) through (E) of

24 this paragraph, the term ‘Federal property’ means

25 real property that is not subject to taxation by any
359

•S 1513 RS

1 State or any political subdivision of a State due to

2 Federal agreement, law, or policy, and that is—

3 ‘‘(i) owned by the United States or leased

4 by the United States from another entity;

5 ‘‘(ii)(I) held in trust by the United States

6 for individual Indians or Indian tribes;

7 ‘‘(II) held by individual Indians or Indian

8 tribes subject to restrictions on alienation im9 posed by the United States;

10 ‘‘(III) conveyed at any time under the

11 Alaska Native Claims Settlement Act (Public

12 Law 92–203, 43 U.S.C. 1601 et seq.) to a Na13 tive individual, Native group, or Village or Re14 gional corporation;

15 ‘‘(IV) public land owned by the United

16 States that is designated for the sole use and

17 benefit of individual Indians or Indian tribes; or

18 ‘‘(V) used for low-rent housing, as other19 wise described in this paragraph, that is located

20 on land described in clauses (I), (II), (III), or

21 (IV) of this subparagraph or on land that met

22 one of those descriptions immediately before its

23 use for such housing;
360

•S 1513 RS

1 ‘‘(iii) part of a low-rent housing project as2 sisted under the United States Housing Act of

3 1937; or

4 ‘‘(iv) owned by a foreign government or by

5 an international organization.

6 ‘‘(B) ‘Federal property’ includes, so long as not

7 subject to taxation by any State or any political sub8 division of a State, and whether or not that tax ex9 emption is due to Federal agreement, law, or pol10 icy—

11 ‘‘(i) any school providing flight training to

12 members of the Air Force under contract with

13 the Air Force at an airport owned by a State

14 or political subdivision of a State; and

15 ‘‘(ii) real property that is part of a low16 rent housing project assisted under—

17 ‘‘(I) section 516 of the Housing Act

18 of 1949, 42 U.S.C. 1486 (domestic farm

19 labor low-rent housing); or

20 ‘‘(II) part B of title III of the Eco21 nomic Opportunity Act of 1964, formerly

22 42 U.S.C. 2861 et seq. (migrant and other

23 seasonally employed farmworker low-rent

24 housing).
361

•S 1513 RS

1 ‘‘(C) ‘Federal property’ includes, whether or not

2 subject to taxation by a State or a political subdivi3 sion of a State—

4 ‘‘(i) any non-Federal easement, lease, li5 cense, permit, or other such interest in Federal

6 property as otherwise described in this para7 graph, but not including any non-Federal fee8 simple interest;

9 ‘‘(ii) any improvement on Federal property

10 as otherwise described in this paragraph; and

11 ‘‘(iii) real property that, immediately be12 fore its sale or transfer to a non-Federal party,

13 was owned by the United States and otherwise

14 qualified as Federal property described in this

15 paragraph, but only for one year beyond the

16 end of the fiscal year of such sale or transfer.

17 ‘‘(D) Notwithstanding any other provision of

18 this paragraph, ‘Federal property’ does not in19 clude—

20 ‘‘(i) any real property under the jurisdic21 tion of the United States Postal Service that is

22 used primarily for the provision of postal serv23 ices; or

24 ‘‘(ii) pipelines and utility lines.
362

•S 1513 RS

1 ‘‘(E) Notwithstanding any other provision of

2 this paragraph, ‘Federal property’ does not include

3 any property on which children reside that is other4 wise described in this paragraph if—

5 ‘‘(i) no tax revenues of the State or of any

6 political subdivision of the State may be ex7 pended for the free public education of children

8 who reside on that Federal property; or

9 ‘‘(ii) no tax revenues of the State are allo10 cated or available for the free public education

11 of such children.

12 ‘‘(5) FREE PUBLIC EDUCATION.—The term

13 ‘free public education’ means education that is pro14 vided—

15 ‘‘(A) at public expense, under public super16 vision and direction, and without tuition charge;

17 and

18 ‘‘(B) as elementary or secondary edu19 cation, as determined under State law, except

20 that, notwithstanding State law, such term—

21 ‘‘(i) includes preschool education; and

22 ‘‘(ii) does not include any education

23 provided beyond grade 12.
363

•S 1513 RS

1 ‘‘(6) INDIAN LANDS.—The term ‘Indian lands’

2 means any Federal property described in paragraph

3 (4)(A)(ii) of this section.

4 ‘‘(7) LOCAL CONTRIBUTION PERCENTAGE.—(A)

5 The term ‘local contribution percentage’ means the

6 percentage of current expenditures in the State de7 rived from local and intermediate sources, as re8 ported to and verified by the National Center for

9 Education Statistics.

10 ‘‘(B) Notwithstanding subparagraph (A), the

11 local contribution percentage for Hawaii and for the

12 District of Columbia shall be the local contribution

13 percentage computed for the Nation as a whole.

14 ‘‘(8) LOCAL EDUCATIONAL AGENCY.—(A) The

15 term ‘local educational agency’ means a board of

16 education or other legally constituted local school

17 authority having administrative control and direction

18 of free public education in a county, township, inde19 pendent school district, or other school district.

20 ‘‘(B) ‘Local educational agency’ includes any

21 State agency that directly operates and maintains

22 facilities for providing free public education.

23 ‘‘(C) ‘Local educational agency’ does not in24 clude any agency or school authority that the Sec25 retary determines, on a case-by-case basis—
364

•S 1513 RS

1 ‘‘(i) was constituted or reconstituted pri2 marily for the purpose of receiving assistance

3 under this title or under Public Law 81–874 or

4 increasing the amount of such assistance; or

5 ‘‘(ii) is not constituted or reconstituted for

6 legitimate educational purposes.

7 ‘‘(9) SCHOOL FACILITIES.—The term ‘school fa8 cilities’ includes classrooms and related facilities,

9 and equipment, machinery, and utilities necessary or

10 appropriate for school purposes.

11 ‘‘AUTHORIZATION OF APPROPRIATIONS

12 ‘‘SEC. 8013. (a) BASIC PAYMENTS.—For the pur13 pose of making payments under section 8003(b), there are

14 authorized to be appropriated such sums as may be nec15 essary for each of the fiscal years 1995 through 1999.

16 ‘‘(b) SUPPLEMENTAL PAYMENTS FOR CHILDREN

17 WITH DISABILITIES.—For the purpose of making pay18 ments under section 8003(c), there are authorized to be

19 appropriated such sums as may be necessary for each of

20 the fiscal years 1995 through 1999.

21 ‘‘(c) PAYMENTS FOR INCREASES IN MILITARY CHIL22 DREN.—For the purpose of making payments under sec23 tion 8006, there are authorized to be appropriated such

24 sums as may be necessary for each of the fiscal years 1995

25 through 1999.
365

•S 1513 RS

1 ‘‘(d) CONSTRUCTION.—For the purpose of making

2 payments under section 8007, there are authorized to be

3 appropriated such sums as may be necessary for each of

4 the fiscal years 1995 through 1999.

5 ‘‘(e) FACILITIES MAINTENANCE.—For the purpose of

6 carrying out section 8008, there are authorized to be ap7 propriated such sums as may be necessary for each of the

8 fiscal years 1995 through 1999.

9 ‘‘TITLE IX—GENERAL PROVISIONS

10 ‘‘PART A—DEFINITIONS

11 ‘‘DEFINITIONS

12 ‘‘SEC. 9101. Except as otherwise provided, for the

13 purposes of this Act, the following terms have the follow14 ing meanings:

15 ‘‘(1)(A) Except as provided otherwise by State

16 law or this paragraph, the term ‘average daily at17 tendance’ means—

18 ‘‘(i) the aggregate number of days of at19 tendance of all students during a school year;

20 divided by

21 ‘‘(ii) the number of days school is in ses22 sion during such school year.

23 ‘‘(B) The Secretary shall permit the conversion

24 of average daily membership (or other similar data)

25 to average daily attendance for local educational
366

•S 1513 RS

1 agencies in States that provide State aid to local

2 educational agencies on the basis of average daily

3 membership or such other data.

4 ‘‘(C) If the local educational agency in which a

5 child resides makes a tuition or other payment for

6 the free public education of the child in a school lo7 cated in another school district, the Secretary shall,

8 for purposes of this Act—

9 ‘‘(i) consider the child to be in attendance

10 at a school of the agency making such payment;

11 and

12 ‘‘(ii) not consider the child to be in attend13 ance at a school of the agency receiving such

14 payment.

15 ‘‘(D) If a local educational agency makes a tui16 tion payment to a private school or to a public

17 school of another local educational agency for a child

18 with disabilities, as defined in section 602(a)(1) of

19 the Individuals with Disabilities Education Act, the

20 Secretary shall, for the purposes of this Act, con21 sider such child to be in attendance at a school of

22 the agency making such payment.

23 ‘‘(2) The term ‘average per-pupil expenditure’

24 means, in the case of a State or of the United

25 States—
367

•S 1513 RS

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

2 funds—

3 ‘‘(i) the aggregate current expendi4 tures, during the third preceding fiscal

5 year (or, if satisfactory data for that year

6 are not available, during the most recent

7 preceding fiscal year for which satisfactory

8 data are available) of all local educational

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

10 United States for all States (which, for the

11 purpose of this paragraph, means the 50

12 States and the District of Columbia); plus

13 ‘‘(ii) any direct current expenditures

14 by the State for operation of such agen15 cies; divided by

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

17 average daily attendance to whom such agencies

18 provided free public education during such pre19 ceding year.

20 ‘‘(3) The term ‘child’ means any person within

21 the age limits for which the applicable State provides

22 free public education.

23 ‘‘(4) The term ‘community-based organization’

24 means a private nonprofit organization that—
368

•S 1513 RS

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

2 significant segments of a community; and

3 ‘‘(B) provides educational or related serv4 ices to individuals in the community.

5 ‘‘(5) The term ‘consolidated State application’

6 means an application submitted by a State edu7 cational agency pursuant to section 9302 of this Act.

8 ‘‘(6) The term ‘county’ means one of those divi9 sions of a State used by the Secretary of Commerce

10 in compiling and reporting data regarding counties.

11 ‘‘(7) The term ‘covered program’ means each of

12 the programs authorized by—

13 ‘‘(A) part A of title I of this Act (making

14 high-poverty schools work);

15 ‘‘(B) part C of title I of this Act (edu16 cation of migratory children);

17 ‘‘(C) part A of title II of this Act (profes18 sional development); and

19 ‘‘(D) part A of title IV of this Act (safe

20 and drug-free schools) except section 4104.

21 ‘‘(8) The term ‘current expenditures’ means ex22 penditures for free public education—

23 ‘‘(A) including expenditures for adminis24 tration, instruction, attendance and health serv25 ices, pupil transportation services, operation
369

•S 1513 RS

1 and maintenance of plant, fixed charges, and

2 net expenditures to cover deficits for food serv3 ices and student body activities; but

4 ‘‘(B) not including expenditures for com5 munity services, capital outlay, and debt serv6 ice, or any expenditures made from funds re7 ceived under title I and part A of title II of this

8 Act.

9 ‘‘(9) The term ‘Department’ means the Depart10 ment of Education.

11 ‘‘(10) The term ‘elementary school’ means a

12 day or residential school that provides elementary

13 education, as determined under State law.

14 ‘‘(11) The term ‘free public education’ means

15 education that is provided—

16 ‘‘(A) at public expense, under public super17 vision and direction, and without tuition charge;

18 and

19 ‘‘(B) as elementary or secondary school

20 education as determined under applicable State

21 law, except that such term does not include any

22 education provided beyond grade 12.

23 ‘‘(12) The term ‘institution of higher education’

24 has the meaning given that term in section 1201(a)

25 of the Higher Education Act of 1965.
370

•S 1513 RS

1 ‘‘(13)(A) The term ‘local educational agency’

2 means a public board of education or other public

3 authority legally constituted within a State for either

4 administrative control or direction of, or to perform

5 a service function for, public elementary or second6 ary schools in a city, county, township, school dis7 trict, or other political subdivision of a State, or for

8 such combination of school districts or counties as

9 are recognized in a State as an administrative agen10 cy for its public elementary or secondary schools.

11 ‘‘(B) The term includes any other public insti12 tution or agency having administrative control and

13 direction of a public elementary or secondary school.

14 ‘‘(14) The term ‘outlying area’ means the Vir15 gin Islands, Guam, American Samoa, the Common16 wealth of the Northern Mariana Islands, and Palau

17 (until the effective date of the Compact of Free As18 sociation with the Government of Palau).

19 ‘‘(15) The term ‘parent’ includes a legal guard20 ian or other person standing in loco parentis.

21 ‘‘(16) The terms ‘pupil-services personnel’ and

22 ‘pupil services’ mean, respectively—

23 ‘‘(A) school counselors, school social work24 ers, school psychologists, and other qualified

25 professional personnel involved in providing as-
371

•S 1513 RS

1 sessment, diagnosis, counseling, educational,

2 therapeutic, and other necessary services as

3 part of a comprehensive program to meet stu4 dent needs; and

5 ‘‘(B) the services provided by such individ6 uals.

7 ‘‘(17) The term ‘secondary school’ means a day

8 or residential school that provides secondary edu9 cation, as determined under State law, except that

10 it does not include any education beyond grade 12.

11 ‘‘(18) The term ‘Secretary’ means the Secretary

12 of Education.

13 ‘‘(19) The term ‘State’ means each of the 50

14 States, the District of Columbia, the Commonwealth

15 of Puerto Rico, and each of the outlying areas.

16 ‘‘(20) The term ‘State educational agency’

17 means the agency primarily responsible for the State

18 supervision of public elementary and secondary

19 schools.

20 ‘‘APPLICABILITY OF THIS TITLE

21 ‘‘SEC. 9102. Parts B through F of this title do not

22 apply to title VIII of this Act.
372

•S 1513 RS

1 ‘‘PART B—FLEXIBILITY IN THE USE OF

2 ADMINISTRATIVE AND OTHER FUNDS

3 ‘‘CONSOLIDATION OF STATE ADMINISTRATIVE FUNDS FOR

4 ELEMENTARY AND SECONDARY EDUCATION PROGRAMS

5 ‘‘SEC. 9201. (a) CONSOLIDATION OF ADMINISTRA6 TIVE FUNDS.—(1) A State educational agency may con7 solidate the amounts specifically made available to it for

8 State administration under one or more of the programs

9 specified under paragraph (2).

10 ‘‘(2) This section applies to title I of this Act and

11 the covered programs specified in sections 9101(7) (C)

12 and (D).

13 ‘‘(b) USE OF FUNDS.—(1) A State educational agen14 cy shall use the amount available under this section for

15 the administration of the programs included in the consoli16 dation under subsection (a).

17 ‘‘(2) A State educational agency may also use funds

18 available under this section for administrative activities

19 designed to enhance the effective and coordinated use of

20 funds under such programs, such as—

21 ‘‘(A) the coordination of programs specified in

22 subsection (a)(2) with other Federal and non-Fed23 eral programs;

24 ‘‘(B) the establishment and operation of peer25 review mechanisms under this Act;
373

•S 1513 RS

1 ‘‘(C) the administration of this title;

2 ‘‘(D) the dissemination of information regard3 ing model programs and practices; and

4 ‘‘(E) technical assistance under programs speci5 fied in subsection (a)(2).

6 ‘‘(c) RECORDS.—A State educational agency that

7 consolidates administrative funds under this section shall

8 not be required to keep separate records, by individual

9 program, to account for costs relating to the administra10 tion of programs included in the consolidation under sub11 section (a).

12 ‘‘(d) REVIEW.—To determine the effectiveness of

13 State administration under this section, the Secretary may

14 periodically review the performance of State educational

15 agencies in using consolidated administrative funds under

16 this section and take such steps as the Secretary finds

17 appropriate to ensure the effectiveness of such administra18 tion.

19 ‘‘(e) UNUSED ADMINISTRATIVE FUNDS.—If a State

20 educational agency does not use all of the funds available

21 to it under this section for administration, it may use such

22 funds during the applicable period of availability as funds

23 available under one or more programs included in the con24 solidation under subsection (a).
374

•S 1513 RS

1 ‘‘SINGLE LOCAL EDUCATIONAL AGENCY STATES

2 ‘‘SEC. 9202. A State educational agency that also

3 serves as a local educational agency shall, in its applica4 tions or State plans under this Act, describe how it will

5 eliminate duplication in the conduct of administrative

6 functions.

7 ‘‘CONSOLIDATION OF FUNDS FOR LOCAL

8 ADMINISTRATION

9 ‘‘SEC. 9203. (a) GENERAL AUTHORITY.—In accord10 ance with regulations of the Secretary, a local educational

11 agency, with the approval of its State educational agency,

12 may consolidate and use for the administration of one or

13 more covered programs for any fiscal year not more than

14 the percentage, determined by its State educational agen15 cy, of the total amount available to that local educational

16 agency under those covered programs.

17 ‘‘(b) STATE PROCEDURES.—Within one year from

18 the date of enactment of the Improving America’s Schools

19 Act of 1993, a State educational agency shall, in collabora20 tion with local educational agencies in the State, establish

21 procedures for responding to requests from local edu22 cational agencies to consolidate administrative funds

23 under subsection (a) and for establishing limitations on

24 the amount of funds under covered programs that may

25 be used for administration on a consolidated basis.
375

•S 1513 RS

1 ‘‘(c) CONDITIONS.—A local educational agency that

2 consolidates administrative funds under this section for

3 any fiscal year shall not use any other funds under the

4 programs included in the consolidation for administration

5 for that fiscal year.

6 ‘‘(d) USES OF ADMINISTRATIVE FUNDS.—A local

7 educational agency that consolidates administrative funds

8 under this section may use these consolidated funds for

9 the administration of covered programs and for the pur10 poses described in section 9201(b)(2).

11 ‘‘(e) RECORDS.—A local educational agency that con12 solidates administrative funds under this section shall not

13 be required to keep separate records, by individual covered

14 program, to account for costs relating to the administra15 tion of covered programs included in the consolidation.

16 ‘‘ADMINISTRATIVE FUNDS STUDY

17 ‘‘SEC. 9204. (a) STUDY.—(1) The Secretary may

18 conduct a study of the use of funds under this Act for

19 the administration, by State and local educational agen20 cies, of covered programs, including the percentage of

21 grant funds used for such purpose in covered programs.

22 ‘‘(2) Based on the results of such study, the Sec23 retary may publish regulations or guidelines regarding the

24 use of funds for administration under those programs, in25 cluding the use of such funds on a consolidated basis and
376

•S 1513 RS

1 limitations on the amount of such funds that may be used

2 for administration.

3 ‘‘(b) REPORT.—The Secretary shall submit to the

4 President and the appropriate committees of the Congress

5 a report regarding the study, if any, conducted under this

6 section within 30 days of its completion.

7 ‘‘CONSOLIDATED SET-ASIDE FOR DEPARTMENT OF THE

8 INTERIOR FUNDS

9 ‘‘SEC. 9205. (a) GENERAL AUTHORITY.—(1) The

10 Secretary shall transfer to the Department of the Interior,

11 as a consolidated amount for covered programs, the Indian

12 education programs under part A of title VI of this Act,

13 and the education for homeless children and youth pro14 gram under subtitle B of title VII of the Stewart B.

15 McKinney Homeless Assistance Act, the amounts allotted

16 to the Department of the Interior under those programs.

17 ‘‘(2)(A) The Secretary and the Secretary of the Inte18 rior shall enter into an agreement, consistent with the re19 quirements of the programs specified in paragraph (1), for

20 the distribution and use of those funds under terms that

21 the Secretary determines best meet the purposes of those

22 programs.

23 ‘‘(B) The agreement shall—

24 ‘‘(i) set forth the plans of the Secretary of the

25 Interior for the use of the amount transferred, the

26 steps to be taken to achieve the National Education
377

•S 1513 RS

1 Goals, and performance measures to assess program

2 effectiveness, including measurable goals and objec3 tives; and

4 ‘‘(ii) be developed in consultation with Indian

5 tribes.

6 ‘‘(b) ADMINISTRATION.—The Department of the In7 terior may use up to 1.5 percent of the funds consolidated

8 under this section for its costs related to the administra9 tion of the funds transferred under this section.

10 ‘‘SCHOOLWIDE PROGRAMS

11 ‘‘SEC. 9206. In accordance with section 1114 of this

12 Act, a school may use funds received under any non13 competitive, formula-grant program administered by the

14 Secretary, except a program under the Individuals with

15 Disabilities Education Act, and any discretionary program

16 contained on a list (updated as necessary) issued by the

17 Secretary, to support a schoolwide program, notwithstand18 ing any provision of the statute or regulations governing

19 any such program.

20 ‘‘AVAILABILITY OF UNNEEDED PROGRAM FUNDS

21 ‘‘SEC. 9207. With the approval of its State edu22 cational agency, a local educational agency that deter23 mines for any fiscal year that funds under a covered

24 program other than part A of title I of this Act are not

25 needed for the purpose of that covered program may use

26 such funds, not to exceed 5 percent of the total amount
378

•S 1513 RS

1 of its funds under that covered program, for the purpose

2 of another covered program.

3 ‘‘PART C—COORDINATION OF PROGRAMS;

4 CONSOLIDATED STATE AND LOCAL APPLICATIONS

5 ‘‘PURPOSE

6 ‘‘SEC. 9301. It is the purpose of this part to improve

7 teaching and learning by encouraging greater cross-pro8 gram coordination, planning, and service delivery under

9 this Act and enhanced integration of programs under this

10 Act with educational activities carried out with State and

11 local funds.

12 ‘‘OPTIONAL CONSOLIDATED STATE APPLICATION

13 ‘‘SEC. 9302. (a) GENERAL AUTHORITY.—(1) In

14 order to simplify application requirements and reduce bur15 den for State educational agencies under this Act, the Sec16 retary shall, in accordance with subsection (b), establish

17 procedures and criteria under which a State educational

18 agency may submit a consolidated State application meet19 ing the requirements of this section for each of the covered

20 programs in which the State participates.

21 ‘‘(2) A State educational agency may also include in

22 its consolidated application—

23 ‘‘(A) the Even Start program under part B of

24 title I of this Act;

25 ‘‘(B) the education of neglected and delinquent

26 youth program under part D of title I of this Act;
379

•S 1513 RS

1 ‘‘(C) part A of title II of the Carl D. Perkins

2 Vocational and Applied Technology Education Act;

3 and

4 ‘‘(D) such other programs as the Secretary may

5 designate.

6 ‘‘(3) A State educational agency that submits a con7 solidated State application under this section shall not be

8 required to submit separate State plans or applications

9 under any of the programs to which its consolidated appli10 cation under this section applies.

11 ‘‘(b) COLLABORATION.—(1) In establishing criteria

12 and procedures under this section, the Secretary shall col13 laborate with State educational agencies and, as appro14 priate, with other State agencies, local educational

15 agencies, public and private nonprofit agencies, organiza16 tions, and institutions, private schools, and representatives

17 of parents, students, and teachers.

18 ‘‘(2) Through the collaboration process described in

19 subsection (b), the Secretary shall establish, for each pro20 gram under the Act to which this section applies, the de21 scriptions, information, assurances, and other material

22 required to be included in a consolidated State application.

23 ‘‘GENERAL APPLICABILITY OF STATE EDUCATIONAL

24 AGENCY ASSURANCES

25 ‘‘SEC. 9303. (a) ASSURANCES.—A State educational

26 agency that submits a State plan or application under this
380

•S 1513 RS

1 Act, whether separately or under section 9302, shall have

2 on file with the Secretary a single set of assurances, appli3 cable to each program for which a plan or application is

4 submitted, that provides that—

5 ‘‘(1) each such program will be administered in

6 accordance with all applicable statutes, regulations,

7 program plans, and applications;

8 ‘‘(2)(A) the control of funds provided under

9 each such program and title to property acquired

10 with program funds will be in a public agency, in a

11 nonprofit private agency, institution, or organiza12 tion, or in an Indian tribe if the statute authorizing

13 the program provides for assistance to such entities;

14 and

15 ‘‘(B) the public agency, nonprofit private agen16 cy, institution, or organization, or Indian tribe will

17 administer such funds and property to the extent re18 quired by the authorizing statutes;

19 ‘‘(3) the State will adopt and use proper meth20 ods of administering each such program, including—

21 ‘‘(A) the enforcement of any obligations

22 imposed by law on agencies, institutions, orga23 nizations and other recipients responsible for

24 carrying out each program;
381

•S 1513 RS

1 ‘‘(B) the correction of deficiencies in pro2 gram operations that are identified through au3 dits, monitoring, or evaluation; and

4 ‘‘(C) the adoption of written procedures for

5 the receipt and resolution of complaints alleging

6 violations of law in the administration of such

7 programs;

8 ‘‘(4) the State will cooperate in carrying out

9 any evaluation of each such program conducted by

10 or for the Secretary or other Federal officials;

11 ‘‘(5) the State will use such fiscal control and

12 fund accounting procedures as will ensure proper

13 disbursement of, and accounting for, Federal funds

14 paid to the State under each such program;

15 ‘‘(6) the State will—

16 ‘‘(A) make reports to the Secretary as may

17 be necessary to enable the Secretary to perform

18 the Secretary’s duties under each such pro19 gram; and

20 ‘‘(B) maintain such records, provide such

21 information to the Secretary, and afford access

22 to the records as the Secretary may find nec23 essary to carry out the Secretary’s duties; and

24 ‘‘(7) before the application was submitted to the

25 Secretary, the State has afforded a reasonable op-
382

•S 1513 RS

1 portunity for public comment on the application and

2 has considered such comment.

3 ‘‘(b) GEPA PROVISION.—Section 435 of the General

4 Education Provisions Act does not apply to programs

5 under this Act.

6 ‘‘CONSOLIDATED LOCAL APPLICATIONS

7 ‘‘SEC. 9304. (a) GENERAL AUTHORITY.—A local

8 educational agency receiving funds under more than one

9 covered program may submit applications to the State

10 educational agency under such programs on a consolidated

11 basis.

12 ‘‘(b) REQUIRED CONSOLIDATED APPLICATIONS.—A

13 State educational agency that has submitted and had ap14 proved a consolidated State application under section

15 9302 may require local educational agencies in the State

16 receiving funds under more than one program included in

17 the consolidated State application to submit consolidated

18 local applications under such programs.

19 ‘‘(c) COLLABORATION.—A State educational agency

20 shall collaborate with local educational agencies in the

21 State in establishing procedures for the submission of the

22 consolidated applications under this section.

23 ‘‘OTHER GENERAL ASSURANCES

24 ‘‘SEC. 9305. (a) ASSURANCES.—Any applicant other

25 than a State educational agency that submits an applica26 tion under this Act, whether separately or pursuant to sec-
383

•S 1513 RS

1 tion 9304, shall have on file with the State educational

2 agency a single set of assurances, applicable to each pro3 gram for which an application is submitted, that provides

4 that—

5 ‘‘(1) each such program will be administered in

6 accordance with all applicable statutes, regulations,

7 program plans, and applications;

8 ‘‘(2)(A) the control of funds provided under

9 each such program and title to property acquired

10 with program funds will be in a public agency or in

11 a nonprofit private agency, institution, organization,

12 or Indian tribe, if the statute authorizing the pro13 gram provides for assistance to such entities; and

14 ‘‘(B) the public agency, nonprofit private agen15 cy, institution, or organization, or Indian tribe will

16 administer such funds and property to the extent re17 quired by the authorizing statutes;

18 ‘‘(3) the applicant will adopt and use proper

19 methods of administering each such program, in20 cluding—

21 ‘‘(A) the enforcement of any obligations

22 imposed by law on agencies, institutions, orga23 nizations, and other recipients responsible for

24 carrying out each program; and
384

•S 1513 RS

1 ‘‘(B) the correction of deficiencies in pro2 gram operations that are identified through au3 dits, monitoring, or evaluation;

4 ‘‘(4) the applicant will cooperate in carrying out

5 any evaluation of each such program conducted by

6 or for the State educational agency or the Secretary

7 or other Federal officials;

8 ‘‘(5) the applicant will use such fiscal control

9 and fund accounting procedures as will ensure prop10 er disbursement of, and accounting for, Federal

11 funds paid to such applicant under each such pro12 gram;

13 ‘‘(6) the applicant will—

14 ‘‘(A) make reports to the State educational

15 agency and the Secretary as may be necessary

16 to enable such agency and the Secretary to per17 form their duties under each such program; and

18 ‘‘(B) maintain such records, provide such

19 information, and afford access to the records as

20 the State educational agency or the Secretary

21 may find necessary to carry out the State edu22 cational agency’s or the Secretary’s duties; and

23 ‘‘(7) before the application was submitted, the

24 applicant afforded a reasonable opportunity for pub-
385

•S 1513 RS

1 lic comment on the application and has considered

2 such comment.

3 ‘‘(b) GEPA PROVISION.—Section 436 of the General

4 Education Provisions Act does not apply to programs

5 under this Act.

6 ‘‘PART D—WAIVERS

7 ‘‘WAIVERS OF STATUTORY AND REGULATORY

8 REQUIREMENTS

9 ‘‘SEC. 9401. (a) GENERAL.—(1) Except as provided

10 in subsection (c), the Secretary may waive any require11 ment of this Act or of the General Education Provisions

12 Act, or of the regulations issued under such Acts, for a

13 State educational agency, Indian tribe, or other agency,

14 organization, or institution that receives funds under a

15 program authorized by this Act from the Department and

16 that requests such a waiver if—

17 ‘‘(A) the Secretary determines that such re18 quirement impedes the ability of the State edu19 cational agency or other recipient to achieve more ef20 fectively the purposes of this Act; and

21 ‘‘(B) in the case of a waiver proposal submitted

22 by a State educational agency, the State educational

23 agency—

24 ‘‘(i) provides all interested local edu25 cational agencies in the State with notice and
386

•S 1513 RS

1 an opportunity to comment on the proposal;

2 and

3 ‘‘(ii) submits the comments to the Sec4 retary; and

5 ‘‘(C) in the case of a waiver proposal submitted

6 by a local educational agency or other agency, insti7 tution, or organization that receives funds under this

8 Act from the State educational agency, such request

9 has been reviewed by the State educational agency

10 and is accompanied by the comments, if any, of such

11 agency.

12 ‘‘(b) WAIVER PERIOD.—(1) A waiver under this sec13 tion shall be for a period not to exceed three years.

14 ‘‘(2) The Secretary may extend such period if the

15 Secretary determines that—

16 ‘‘(A) the waiver has been effective in enabling

17 the State or affected recipients to carry out the ac18 tivities for which it was requested and has contrib19 uted to improved performance; and

20 ‘‘(B) such extension is in the public interest.

21 ‘‘(c) WAIVERS NOT AUTHORIZED.—The Secretary

22 may not waive, under this section, any statutory or regu23 latory requirement relating to—

24 ‘‘(1) comparability of services;

25 ‘‘(2) maintenance of effort;
387

•S 1513 RS

1 ‘‘(3) the equitable participation of students at2 tending private schools;

3 ‘‘(4) parental participation and involvement;

4 ‘‘(5) the distribution of funds to States or to

5 local educational agencies or other recipients of

6 funds under this Act;

7 ‘‘(6) maintenance of records;

8 ‘‘(7) applicable civil rights requirements; or

9 ‘‘(8) the requirements of sections 438 and 439

10 of the General Education Provisions Act.

11 ‘‘(d) TERMINATION OF WAIVERS.—The Secretary

12 shall terminate a waiver under this section if the Secretary

13 determines that the performance of the State or other re14 cipient affected by the waiver has been inadequate to jus15 tify a continuation of the waiver or if it is no longer nec16 essary to achieve its original purposes.

17 ‘‘PART E—UNIFORM PROVISIONS

18 ‘‘MAINTENANCE OF EFFORT

19 ‘‘SEC. 9501. (a) GENERAL.—A local educational

20 agency may receive funds under a covered program for

21 any fiscal year only if the State educational agency finds

22 that either the combined fiscal effort per student or the

23 aggregate expenditures of that agency and the State with

24 respect to the provision of free public education by that

25 agency for the preceding fiscal year was not less than 90
388

•S 1513 RS

1 percent of such combined fiscal effort or aggregate ex2 penditures for the second preceding fiscal year.

3 ‘‘(b) REDUCTION IN CASE OF FAILURE TO MEET.—

4 (1) The State educational agency shall reduce the amount

5 of the allocation of funds under a covered program in any

6 fiscal year in the exact proportion to which a local edu7 cational agency fails to meet the requirement of subsection

8 (a) by falling below 90 percent of both the combined fiscal

9 effort per student and aggregate expenditures (using the

10 measure most favorable to such local agency).

11 ‘‘(2) No such lesser amount shall be used for comput12 ing the effort required under subsection (a) for subsequent

13 years.

14 ‘‘(c) WAIVER.—The Secretary may waive the require15 ments of this section if the Secretary determines that such

16 a waiver would be equitable due to—

17 ‘‘(1) exceptional or uncontrollable circumstances

18 such as a natural disaster; or

19 ‘‘(2) a precipitous decline in the financial re20 sources of the local educational agency.

21 ‘‘PROHIBITION REGARDING STATE AID

22 ‘‘SEC. 9502. No State shall take into consideration

23 payments under this Act in determining the eligibility of

24 any local educational agency in that State for State aid,

25 or the amount of State aid, with respect to free public

26 education of children.
389

•S 1513 RS

1 ‘‘PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND

2 TEACHERS

3 ‘‘SEC. 9503. (a) GENERAL REQUIREMENT.—(1) Ex4 cept as otherwise provided in this Act, to the extent con5 sistent with the number of eligible children in a State edu6 cational agency, local educational agency, or intermediate

7 educational agency or consortium receiving financial as8 sistance under a program specified in subsection (b), who

9 are enrolled in private elementary and secondary schools

10 in such agency or consortium, such agency or consortium

11 shall, after timely and meaningful consultation with ap12 propriate private school officials, provide such children

13 and their teachers or other educational personnel, on an

14 equitable basis, special educational services or other bene15 fits under such program.

16 ‘‘(2) Educational services or other benefits, including

17 materials and equipment, provided under this section,

18 must be secular, neutral, and nonideological.

19 ‘‘(3) Educational services and other benefits provided

20 under this section for such private school children, teach21 ers, and other educational personnel shall be equitable in

22 comparison to services and other benefits for public school

23 children, teachers, and other educational personnel partici24 pating in such program.
390

•S 1513 RS

1 ‘‘(4) Expenditures for educational services and other

2 benefits provided under this section to eligible private

3 school children, their teachers, and other educational per4 sonnel serving them shall be equal, taking into account

5 the number and educational needs of the children to be

6 served, to the expenditures for participating public school

7 children.

8 ‘‘(5) Such agency or consortium may provide such

9 services directly or through contracts with public and pri10 vate agencies, organizations, and institutions.

11 ‘‘(b) APPLICABILITY.—(1) This section applies to—

12 ‘‘(A) each covered program;

13 ‘‘(B) programs under title VII of this Act; and

14 ‘‘(C) any other program under this Act speci15 fied by the Secretary, subject to such conditions as

16 the Secretary may prescribe.

17 ‘‘(2) For the purposes of this section, the term ‘eligi18 ble children’ means children eligible for services under a

19 program described in paragraph (1).

20 ‘‘(c) CONSULTATION.—(1) To ensure timely and

21 meaningful consultation, such agency or consortium shall

22 consult with appropriate private school officials during the

23 design and development of the programs under this Act,

24 on issues such as—

25 ‘‘(A) how the children’s needs will be identified;
391

•S 1513 RS

1 ‘‘(B) what services will be offered;

2 ‘‘(C) how and where the services will be pro3 vided; and

4 ‘‘(D) how the services will be assessed.

5 ‘‘(2) Such consultation shall occur before the agency

6 or consortium makes any decision that affects the oppor7 tunities of eligible private school children, teachers, and

8 other educational personnel to participate in programs

9 under this Act.

10 ‘‘(3) Such consultation shall include a discussion of

11 the full range of service delivery mechanisms that an agen12 cy or consortium could use to provide equitable services

13 to eligible private school children, teachers, and other edu14 cational personnel, including, but not limited to—

15 ‘‘(A) instruction provided at public school sites,

16 at neutral sites, or in mobile vans;

17 ‘‘(B) computer-assisted instruction;

18 ‘‘(C) extended-day services;

19 ‘‘(D) home tutoring; and

20 ‘‘(E) take-home computers.

21 ‘‘(d) PUBLIC CONTROL OF FUNDS.—(1) The control

22 of funds used to provide services under this section, and

23 title to materials, equipment, and property purchased with

24 these funds, shall be in a public agency for the uses and
392

•S 1513 RS

1 purposes provided in this Act, and a public agency shall

2 administer such funds and property.

3 ‘‘(2)(A) The provision of services under this section

4 shall be provided—

5 ‘‘(i) by employees of a public agency; or

6 ‘‘(ii) through contract by such public agency

7 with an individual, association, agency, or organiza8 tion.

9 ‘‘(B) In the provision of such services, such employee,

10 person, association, agency, or organization shall be inde11 pendent of such private school and of any religious organi12 zation, and such employment or contract shall be under

13 the control and supervision of such public agency.

14 ‘‘(C) Funds used to provide services under this sec15 tion shall not be commingled with non-Federal funds.

16 ‘‘STANDARDS FOR BY-PASS

17 ‘‘SEC. 9504. If, by reason of any provision of law,

18 a State, local, or intermediate educational agency or con19 sortium is prohibited from providing for the participation

20 in programs of children enrolled in, or teachers or other

21 educational personnel from, private elementary and sec22 ondary schools, on an equitable basis, or if the Secretary

23 determines that such agency or consortium has substan24 tially failed or is unwilling to provide for such participa25 tion, as required by section 9503, the Secretary shall—
393

•S 1513 RS

1 ‘‘(1) waive the requirements of that section for

2 such agency or consortium; and

3 ‘‘(2) arrange for the provision of equitable serv4 ices to such children, teachers, or other educational

5 personnel through arrangements that shall be sub6 ject to the requirements of this section and of sec7 tions 9503, 9505, and 9506.

8 ‘‘COMPLAINT PROCESS FOR PARTICIPATION OF PRIVATE

9 SCHOOL CHILDREN

10 ‘‘SEC. 9505. (a) PROCEDURES FOR COMPLAINTS.—

11 The Secretary shall develop and implement written proce12 dures for receiving, investigating, and resolving complaints

13 from parents, teachers, or other individuals and organiza14 tions concerning violations by an agency or consortium of

15 section 9503 of this Act. Such individual or organization

16 shall submit such complaint to the State educational agen17 cy for a written resolution by such agency within a reason18 able period of time.

19 ‘‘(b) APPEALS TO THE SECRETARY.—Such resolution

20 may be appealed by an interested party to the Secretary

21 within 30 days after the State educational agency resolves

22 the complaint or fails to resolve the complaint within a

23 reasonable period of time. Such appeal shall be accom24 panied by a copy of the State educational agency’s resolu25 tion, and a complete statement of the reasons supporting

26 the appeal. The Secretary shall investigate and resolve
394

•S 1513 RS

1 each such appeal within 120 days after receipt of the

2 appeal.

3 ‘‘BY-PASS DETERMINATION PROCESS

4 ‘‘SEC. 9506. (a) REVIEW.—(1)(A) The Secretary

5 shall not take any final action under section 9504 until

6 the agency or consortium affected by such action has had

7 an opportunity, for at least 45 days after receiving written

8 notice thereof, to submit written objections and to appear

9 before the Secretary to show cause why that action should

10 not be taken.

11 ‘‘(B) Pending final resolution of any investigation or

12 complaint that could result in a determination under this

13 section, the Secretary may withhold from the allocation

14 of the affected State or local educational agency the

15 amount estimated by the Secretary to be necessary to pay

16 the cost of those services.

17 ‘‘(2)(A) If such affected agency or consortium is dis18 satisfied with the Secretary’s final action after a proceed19 ing under paragraph (1), it may, within 60 days after no20 tice of such action, file with the United States court of

21 appeals for the circuit in which such State is located a

22 petition for review of that action.

23 ‘‘(B) A copy of the petition shall be forthwith trans24 mitted by the clerk of the court to the Secretary.

25 ‘‘(C) The Secretary thereupon shall file in the court

26 the record of the proceedings on which the Secretary based
395

•S 1513 RS

1 this action, as provided in section 2112 of title 28, United

2 States Code.

3 ‘‘(3)(A) The findings of fact by the Secretary, if sup4 ported by substantial evidence, shall be conclusive, but the

5 court, for good cause shown, may remand the case to the

6 Secretary to take further evidence and the Secretary may

7 thereupon make new or modified findings of fact and may

8 modify the Secretary’s previous action, and shall file in

9 the court the record of the further proceedings.

10 ‘‘(B) Such new or modified findings of fact shall like11 wise be conclusive if supported by substantial evidence.

12 ‘‘(4)(A) Upon the filing of such petition, the court

13 shall have jurisdiction to affirm the action of the Secretary

14 or to set it aside, in whole or in part.

15 ‘‘(B) The judgment of the court shall be subject to

16 review by the Supreme Court of the United States upon

17 certiorari or certification as provided in section 1254 of

18 title 28, United States Code.

19 ‘‘(b) DETERMINATION.—Any determination by the

20 Secretary under this section shall continue in effect until

21 the Secretary determines, in consultation with such agency

22 or consortium and representatives of the affected private

23 school children, teachers, or other educational personnel

24 that there will no longer be any failure or inability on the

25 part of such agency or consortium to meet the applicable
396

•S 1513 RS

1 requirements of section 9503 or any other provision of this

2 Act.

3 ‘‘(c) PAYMENT FROM STATE ALLOTMENT.—When

4 the Secretary arranges for services pursuant to this sec5 tion, the Secretary shall, after consultation with the ap6 propriate public and private school officials, pay the cost

7 of such services, including the administrative costs of ar8 ranging for those services, from the appropriate allocation

9 or allocations under this Act.

10 ‘‘(d) PRIOR DETERMINATION.—Any by-pass deter11 mination by the Secretary under this Act as in effect on

12 the day before enactment of the Improving America’s

13 Schools Act of 1993 shall remain in effect to the extent

14 the Secretary determines that it is consistent with the pur15 pose of this section.

16 ‘‘PROHIBITION AGAINST FUNDS FOR RELIGIOUS WORSHIP

17 OR INSTRUCTION

18 ‘‘SEC. 9507. Nothing contained in this Act shall be

19 construed to authorize the making of any payment under

20 this Act for religious worship or instruction.

21 ‘‘PART F—OTHER PROVISIONS

22 ‘‘STATE RECOGNITION OF EXEMPLARY PERFORMANCE

23 ‘‘SEC. 9601. (a) GENERAL AUTHORITY.—(1) A State

24 educational agency may implement a program of State

25 recognition awards under one or more covered programs
397

•S 1513 RS

1 (other than part A of title I of this Act) and part B of

2 title I of this Act.

3 ‘‘(2) Such recognition awards shall be made by the

4 State educational agency to recipients of assistance under

5 this Act in the State that the State educational agency

6 determines have carried out grant-related activities in an

7 exemplary fashion and have demonstrated outstanding

8 performance measured in accordance with this section.

9 ‘‘(3) A State desiring to make monetary awards

10 under this section may reserve a portion of the total

11 amount available for grants within the State under such

12 program for any fiscal year, not to exceed 1 percent, for

13 the purpose of making recognition awards to qualifying

14 recipients under such programs. In implementing this sec15 tion, a State may reduce the amount of funds it would

16 otherwise allocate to recipients in accordance with the ap17 plicable statute governing such allocation to the extent

18 necessary.

19 ‘‘(b) CONDITIONS.—A State educational agency may

20 make recognition awards under this section if—

21 ‘‘(1) in selecting awardees, it takes into account

22 improvements in performance (rather than compari23 sons with other schools and school districts), and

24 successful cooperative efforts among teachers, ad-
398

•S 1513 RS

1 ministrators, and other school personnel in achieving

2 educational reform;

3 ‘‘(2) it employs peer review procedures in iden4 tifying recipients eligible for awards, the identity of

5 the awardees, and the amount of the awards;

6 ‘‘(3) it determines that the awardee is in com7 pliance with applicable civil rights requirements; and

8 ‘‘(4) it submits to the Secretary a description of

9 the criteria used in making such awards.

10 ‘‘INTERNATIONAL EDUCATION ACTIVITIES

11 ‘‘SEC. 9602. (a) GENERAL AUTHORITY.—In order to

12 enhance education in the United States and to encourage

13 cooperative efforts with foreign governments and inter14 national organizations, the Secretary is authorized directly

15 or through grants, contracts, or cooperative agreements

16 to carry out the activities in subsection (b).

17 ‘‘(b) AUTHORIZED ACTIVITIES.—Funds under this

18 section may be used for—

19 ‘‘(1) activities to improve international under20 standing through the exchange of technical assist21 ance, information, and training opportunities;

22 ‘‘(2) activities to improve our understanding of

23 how educational systems in other countries work in

24 order to better carry out reform efforts;

25 ‘‘(3) joint conferences with foreign countries to

26 focus on specific content areas; and
399

•S 1513 RS

1 ‘‘(4) other joint efforts designed to foster inter2 national collaboration and cooperation in education.

3 ‘‘(c) AUTHORIZATION.—For the purpose of carrying

4 out this section, there are authorized to be appropriated

5 such sums as may be necessary for each of the fiscal years

6 1995 through 1999.’’.

7 TITLE II—AMENDMENTS TO THE GENERAL

8 EDUCATION PROVISIONS ACT

9 PART A—APPLICABILITY OF THE GENERAL EDUCATION

10 PROVISIONS ACT

11 TITLE; APPLICABILITY; DEFINITIONS

12 SEC. 211. Section 400 of the General Education Pro13 visions Act (20 U.S.C. 1221 et seq.; hereafter in this title

14 referred to as ‘‘the Act’’) is amended to read as follows:

15 ‘‘TITLE; APPLICABILITY; DEFINITIONS

16 ‘‘SEC. 400. (a) This title may be cited as the ‘General

17 Education Provisions Act’.

18 ‘‘(b)(1) Except as otherwise provided, this title ap19 plies to each applicable program of the Department of

20 Education.

21 ‘‘(2) Except as otherwise provided, this title does not

22 apply to any contract made by the Department of Edu23 cation.

24 ‘‘(c) As used in this title, the following terms have

25 the following meanings:
400

•S 1513 RS

1 ‘‘(1) The term ‘applicable program’ means any

2 program for which the Secretary or the Department

3 has administrative responsibility as provided by law

4 or by delegation of authority pursuant to law. The

5 term includes each program for which the Secretary

6 or the Department has administrative responsibility

7 under the Department of Education Organization

8 Act or under statutes effective after the effective

9 date of that Act.

10 ‘‘(2) The term ‘applicable statute’ means—

11 ‘‘(A) the Act or the title, part, section, or

12 any other subdivision of an Act, as the case

13 may be, that authorizes the appropriation for

14 an applicable program;

15 ‘‘(B) this title; and

16 ‘‘(C) any other statute that by its terms

17 expressly controls the administration of an ap18 plicable program.

19 ‘‘(3) The term ‘Department’ means the Depart20 ment of Education.

21 ‘‘(4) The term ‘Secretary’ means the Secretary

22 of Education.

23 ‘‘(d) Nothing in this title shall be construed to affect

24 the applicability of title VI of the Civil Rights Act of 1964,

25 title IX of the Education Amendments of 1972, title V
401

•S 1513 RS

1 of the Rehabilitation Act of 1973, the Age Discrimination

2 Act, or other statutes prohibiting discrimination, to any

3 applicable program.’’.

4 REPEAL

5 SEC. 212. Section 400A of the Act is repealed.

6 PART B—THE DEPARTMENT OF EDUCATION

7 NEW HEADING FOR PART A

8 SEC. 221. The heading for part A of the Act is

9 amended to read as follows: ‘‘PART A—FUNCTIONS OF

10 THE DEPARTMENT OF EDUCATION’’.

11 GENERAL AUTHORITY OF THE SECRETARY

12 SEC. 222. Section 408 of the Act is amended to read

13 as follows:

14 ‘‘GENERAL AUTHORITY OF THE SECRETARY

15 ‘‘SEC. 408. The Secretary, in order to carry out func16 tions otherwise vested in him by law or by delegation of

17 authority pursuant to law, and subject to limitations as

18 may be otherwise imposed by law, is authorized to make,

19 promulgate, issue, rescind, and amend rules and regula20 tions governing the manner of operation of, and governing

21 the applicable programs administered by, the Depart22 ment.’’.

23 OFFICE OF PRIVATE EDUCATION

24 SEC. 223. Section 409 of the Act is repealed and a

25 new section 409 is inserted in lieu thereof to read as

26 follows:
402

•S 1513 RS

1 ‘‘OFFICE OF PRIVATE EDUCATION

2 ‘‘SEC. 409. Subject to section 413 of the Department

3 of Education Organization Act, there is established in the

4 Department an Office of Private Education to ensure the

5 maximum participation of nonpublic school students in all

6 applicable programs for which such children are eligible.’’.

7 REPEALS

8 SEC. 224. Sections 401, 402, 403, 406A, 406B,

9 406C, and 407 of the Act are repealed.

10 PART C—APPROPRIATIONS AND EVALUATIONS

11 AVAILABILITY OF APPROPRIATIONS

12 SEC. 231. (a) The heading for section 412 of the Act

13 is amended to read as follows: ‘‘AVAILABILITY OF APPRO14 PRIATIONS ON ACADEMIC OR SCHOOL-YEAR BASIS; ADDI15 TIONAL PERIOD FOR OBLIGATION OF FUNDS’’.

16 (b) Section 412 of the Act is further amended—

17 (1) in subsection (a)—

18 (A) by striking out ‘‘to educational agen19 cies or institutions’’;

20 (B) by striking out ‘‘expenditure’’ and in21 serting in lieu thereof ‘‘obligations’’; and

22 (C) by striking out ‘‘by the agency or insti23 tution concerned’’ and inserting in lieu thereof

24 ‘‘by the recipient’’;

25 (2) by amending subsection (b)(1) to read as

26 follows:
403

•S 1513 RS

1 ‘‘(b)(1)(A) Notwithstanding any other provision of

2 law, unless enacted in express limitation of this subsection,

3 any funds from appropriations to carry out any applicable

4 State formula grant program that are not obligated by a

5 recipient by the end of the fiscal year for which such funds

6 were appropriated shall remain available for obligation by

7 such recipient during the succeeding fiscal year.

8 ‘‘(B) As used in this subsection, the term ‘applicable

9 State formula grant program’ means an applicable pro10 gram whose authorizing statute or implementing regula11 tions provide a formula for allocating program funds

12 among eligible States.’’;

13 (3) in subsection (b)(2)—

14 (A) by striking out ‘‘applicable program’’

15 and inserting in lieu thereof ‘‘applicable State

16 formula grant program’’;

17 (B) by striking out ‘‘and expenditure’’ and

18 ‘‘and expended’’; and

19 (C) in subparagraph (B), by striking out

20 ‘‘educational agencies or institutions’’ and in21 serting in lieu thereof ‘‘recipients’’; and

22 (4) by striking out subsection (c).

23 CONTINGENT EXTENSION OF PROGRAMS

24 SEC. 232. Section 414 of the Act is amended to read

25 as follows:
404

•S 1513 RS

1 ‘‘CONTINGENT EXTENSION OF PROGRAMS

2 ‘‘SEC. 414. (a) The authorization of appropriations

3 for, or duration of, an applicable program shall be auto4 matically extended for one additional fiscal year unless

5 Congress, in the regular session that ends prior to the ter6 minal fiscal year of such authorization or duration—

7 ‘‘(1) has passed legislation that becomes law

8 and extends, or has formally rejected legislation that

9 would have extended, the authorization or duration

10 of such program; or

11 ‘‘(2) approves a resolution, by action of either

12 the House of Representatives or the Senate, stating

13 that this section shall not apply to such program.

14 ‘‘(b) The amount authorized to be appropriated for

15 the period of automatic extension of an applicable program

16 under subsection (a) shall be the amount that was author17 ized to be appropriated for that program during its termi18 nal fiscal year.

19 ‘‘(c) If the Secretary is required, in the terminal fiscal

20 year of an applicable program, to carry out certain acts

21 or make certain determinations that are necessary for the

22 continuation of such program, such acts or determinations

23 shall be required to be carried out or made during the

24 period of automatic extension under subsection (a).’’.
405

•S 1513 RS

1 BIENNIAL EVALUATION REPORT

2 SEC. 233. Section 417 of the Act is amended to read

3 as follows:

4 ‘‘BIENNIAL EVALUATION REPORT

5 ‘‘SEC. 417. Not later than March 31 of each second

6 year beginning with 1995, the Secretary shall transmit to

7 the Committee on Education and Labor of the House of

8 Representatives and the Committee on Labor and Human

9 Resources of the Senate an evaluation report on the effec10 tiveness of applicable programs during the two preceding

11 fiscal years in achieving their legislated purposes. Such re12 port shall—

13 ‘‘(1) contain program profiles that include legis14 lative citations, multi-year funding histories, and leg15 islated purposes;

16 ‘‘(2) contain recent evaluation information on

17 the progress being made toward the achievement of

18 program objectives, including listings of program

19 performance indicators, data from performance

20 measurement based on the indicators, and evaluation

21 information on the costs and benefits of the applica22 ble programs being evaluated;

23 ‘‘(3) contain selected significant program activi24 ties, such as initiatives for program improvement,

25 regulations, and program monitoring and evaluation;
406

•S 1513 RS

1 ‘‘(4) list the principal analyses and studies sup2 porting the major conclusions in the report; and

3 ‘‘(5) include available data to indicate the effec4 tiveness of the programs and projects by the race,

5 sex, disability and age of their beneficiaries.’’.

6 TECHNICAL AMENDMENTS

7 SEC. 234. (a) Section 415 of the Act is amended by

8 striking out ‘‘Commissioner’’ and inserting in lieu thereof

9 ‘‘Secretary’’.

10 (b) Section 420 of the Act is amended—

11 (1) by striking out ‘‘title I of’’ and all that fol12 lows through ‘‘Congress)’’ and inserting in lieu

13 thereof ‘‘title VIII of the Elementary and Secondary

14 Education Act of 1965’’; and

15 (2) by striking out ‘‘subparagraph (C) of sec16 tion 3(d)(2) or section 403(1)(C)’’ and inserting in

17 lieu thereof ‘‘sections 8003(c) or residing on prop18 erty described in section 8012(7)(B)(ii)’’.

19 REPEALS

20 SEC. 235. Sections 411, 413, 416, and 419 of the

21 Act are repealed.

22 PART D—ADMINISTRATION OF EDUCATION PROGRAMS

23 JOINT FUNDING OF PROGRAMS

24 SEC. 241. (a) Section 421A of the Act is amended

25 to read as follows:
407

•S 1513 RS

1 ‘‘JOINT FUNDING OF PROGRAMS

2 ‘‘SEC. 421A. (a)(1) The Secretary is authorized to

3 enter into arrangements with other Federal agencies to

4 jointly carry out projects of common interest, to transfer

5 to such agencies funds appropriated under any applicable

6 program, and to receive and use funds from such agencies,

7 for projects of common interest.

8 ‘‘(2) Funds so transferred or received shall be used

9 only in accordance with the statutes authorizing the ap10 propriation of such funds and the statutes appropriating

11 such funds, and shall be made available only to parties

12 eligible to receive such funds under such statutes.

13 ‘‘(3) If the Secretary enters into a agreement under

14 this subsection for the administration of a project, the

15 agency administering the project shall use its procedures

16 to select awardees and to administer the awards, unless

17 the parties to the agreement specify the use of procedures

18 of another agency that is a party to the agreement.

19 ‘‘(4) If the Secretary has entered into an agreement

20 authorized under subsection (a) of this section and the

21 Secretary and the heads of the other agencies participat22 ing in the agreement determine that joint funding is nec23 essary to address a special need consistent with the

24 purposes and authorized activities of each program that

25 provides funding, the Secretary and the heads of the other
408

•S 1513 RS

1 participating agencies may develop a single set of criteria

2 for jointly funded projects and require each applicant for

3 those projects to submit a single application for review by

4 the participating agencies.

5 ‘‘(b) The Secretary may develop the criteria for, and

6 require the submission of, joint applications under two or

7 more applicable programs under which awards are made

8 on a competitive basis, and may jointly review and approve

9 such applications separately from other applications under

10 such programs, when the Secretary determines that such

11 joint awards are necessary to address a special need con12 sistent with the purposes and authorized activities of each

13 such program. Any applicant for such a joint award must

14 meet the eligibility requirements of each such program.’’.

15 COLLECTION AND DISSEMINATION OF INFORMATION

16 SEC. 242. Section 422 of the Act is amended to read

17 as follows:

18 ‘‘COLLECTION AND DISSEMINATION OF INFORMATION

19 ‘‘SEC. 422. The Secretary shall—

20 ‘‘(1) prepare and disseminate to State and local

21 educational agencies and institutions information

22 concerning applicable programs and cooperate with

23 other Federal officials who administer programs af24 fecting education in disseminating information con25 cerning such programs;
409

•S 1513 RS

1 ‘‘(2) inform the public on federally supported

2 education programs; and

3 ‘‘(3) collect data and information on applicable

4 programs for the purpose of obtaining objective

5 measurements of the effectiveness of such programs

6 in achieving their purposes.’’.

7 REVIEW OF APPLICATIONS

8 SEC. 243. Section 425 of the Act is amended—

9 (1) in subsection (a)—

10 (A) by striking out ‘‘Commissioner’’ and

11 inserting in lieu thereof ‘‘Secretary’’;

12 (B) by striking out ‘‘and in the case of the

13 program provided for in title I of the Elemen14 tary and Secondary Education Act of 1965,’’;

15 (C) in the third sentence thereof, by insert16 ing a comma after ‘‘the hearing’’; and

17 (D) in the fourth sentence thereof—

18 (i) by striking out the comma after

19 ‘‘guidelines’’; and

20 (ii) by inserting a comma after ‘‘pro21 gram’’;

22 (2) in subsection (b), by striking out ‘‘Commis23 sioner’’ each place it appears and inserting in lieu

24 thereof ‘‘Secretary’’; and

25 (3) in subsection (d), by striking out ‘‘Commis26 sioner’’ each time it appears and inserting in lieu
410

•S 1513 RS

1 thereof ‘‘Secretary’’ and by inserting before the pe2 riod ‘‘or issue such other orders as the Secretary

3 may deem appropriate to achieve such compliance’’.

4 USE OF FUNDS WITHHELD

5 SEC. 244. Section 428 of the Act is amended to read

6 as follows:

7 ‘‘USE OF FUNDS WITHHELD

8 ‘‘SEC. 428. (a) At any time that the Secretary makes

9 an allotment or reallotment to any State under any appli10 cable program, the Secretary shall reduce such allotment

11 or reallotment by such amount as the Secretary deter12 mines it would have been reduced, had the data on which

13 the allotment or reallotment is based excluded all data re14 lating to local educational agencies of the State that, on

15 the date of the Secretary’s action, are ineligible to receive

16 the Federal financial assistance involved because of failure

17 to comply with title VI of the Civil Rights Act of 1964,

18 title IX of the Education Amendments of 1972, section

19 504 of the Rehabilitation Act of 1973, or the Age Dis20 crimination Act of 1975.

21 ‘‘(b) The Secretary may use any funds withheld

22 under subsection (a)—

23 ‘‘(1) to increase the allotments of other local

24 educational agencies within the State, or the allot25 ments of all States, in accordance with the statutes

26 governing the program; or
411

•S 1513 RS

1 ‘‘(2) for grants to local educational agencies of

2 that State in accordance with section 405 of the

3 Civil Rights Act of 1964, or for any other program

4 administered by the Department that is designed to

5 enhance equity in education or redress discrimina6 tion on the basis of race, color, national origin, sex,

7 age, or disability.’’.

8 APPLICATIONS

9 SEC. 245. Section 430 of the Act is amended by strik10 ing out ‘‘for three fiscal years’’ and inserting in lieu there11 of ‘‘for more than one fiscal year’’.

12 REGULATIONS

13 SEC. 246. Section 431 of the Act is repealed.

14 RECORDS; REDUCTION IN RETENTION REQUIREMENTS

15 SEC. 247. Section 437 of the Act is amended—

16 (1) in subsection (a)—

17 (A) by striking out ‘‘grant, subgrant, con18 tract, subcontract, loan, or other arrangement

19 (other than procurement contracts awarded by

20 an administrative head of an educational agen21 cy)’’ and inserting in lieu thereof ‘‘grant,

22 subgrant, cooperative agreement, loan or other

23 arrangement’’;

24 (B) by inserting ‘‘financial or pro25 grammatic’’ immediately before ‘‘audit.’’; and
412

•S 1513 RS

1 (C) by striking out the last sentence there2 of; and

3 (2) in subsection (b), by striking out ‘‘to any

4 records of a recipient which may be related, or perti5 nent to, the grants, subgrants, contracts, sub6 contracts, loans, or other arrangements’’ and insert7 ing in lieu thereof ‘‘to any records currently main8 tained by a recipient that may be related, or perti9 nent to, grants, subgrants, cooperative agreements,

10 loans, or other arrangements’’.

11 TECHNICAL AMENDMENTS

12 SEC. 248. (a) The heading for Part C of the Act is

13 amended by striking out ‘‘COMMISSIONER OF EDU14 CATION’’ and inserting in lieu thereof ‘‘SECRETARY’’.

15 (b) Section 427 of the Act is amended—

16 (1) by striking out ‘‘Commissioner’’ and insert17 ing in lieu thereof ‘‘Secretary’’; and

18 (2) in the second sentence thereof, by inserting

19 ‘‘is made’’ after ‘‘such determination’’.

20 (c) Section 430 of the Act is amended by striking

21 out ‘‘Commissioner’’ each place it appears and inserting

22 in lieu thereof ‘‘Secretary’’.

23 (d) Section 433 of the Act is amended by striking

24 out ‘‘Except for emergency relief’’ and inserting in lieu

25 thereof ‘‘All laborers’’.
413

•S 1513 RS

1 (e)(1) The heading of section 434 of the Act is

2 amended by striking out ‘‘EDUCATIONAL’’.

3 (2) Section 434 of the Act is amended—

4 (A) by striking out ‘‘Commissioner’’ each place

5 it appears and inserting in lieu thereof ‘‘Secretary’’;

6 and

7 (B) by inserting ‘‘(c)’’ before the last sentence

8 and by deleting ‘‘paragraph (3)’’ in such sentence

9 and inserting in lieu thereof ‘‘subsection (b)(3)’’.

10 (f) Section 435 of the Act is amended—

11 (1) by striking out ‘‘Commissioner’’ each place

12 it appears and inserting in lieu thereof ‘‘Secretary’’;

13 and

14 (2) in subsection (a)—

15 (A) by striking out the comma after ‘‘sub16 mits a plan’’; and

17 (B) by striking out ‘‘(subject, in the case

18 of programs under chapter 1 and chapter 2 of

19 title I of the Elementary and Secondary Edu20 cation Act of 1965)’’.

21 (g) Section 436 of the Act is amended—

22 (1) in subsection (a), by striking out ‘‘that local

23 education agency’’ and inserting in lieu thereof ‘‘that

24 local educational agency’’; and

25 (2) in subsection (b)—
414

•S 1513 RS

1 (A) in paragraph (2), by inserting a

2 comma after ‘‘program’’;

3 (B) in paragraph (4), by striking out

4 ‘‘Commissioner’’ each place it appears and in5 serting in lieu thereof ‘‘Secretary’’; and

6 (C) in paragraph (7), by striking out

7 ‘‘handicapped individuals’’ and inserting in lieu

8 thereof ‘‘individuals with disabilities’’.

9 (h) Section 438 of the Act is amended—

10 (1) in subsection (a)(4)(B)(ii), by striking out

11 the period at the end thereof and inserting in lieu

12 thereof a semicolon;

13 (2) in subsection (b)—

14 (A) in paragraph (1)(C), by striking out

15 ‘‘(iii) an administrative head of an education

16 agency (as defined in section 408(c)), or (iv)’’

17 and inserting in lieu thereof ‘‘or (iii)’’;

18 (B) in paragraph (1)(H), by striking out

19 ‘‘1954’’ and inserting in lieu thereof ‘‘1986’’;

20 and

21 (C) in paragraph (3)—

22 (i) by striking out ‘‘(C) an adminis23 trative head of an education agency or

24 (D)’’ and inserting in lieu thereof ‘‘or

25 (C)’’; and
415

•S 1513 RS

1 (ii) by striking out ‘‘education pro2 gram’’ and inserting in lieu thereof ‘‘edu3 cation programs’’;

4 (3) in subsection (d), by inserting a comma

5 after ‘‘education’’;

6 (4) in subsection (f)—

7 (A) by striking out ‘‘The Secretary, or an

8 administrative head of an education agency,’’

9 and inserting in lieu thereof ‘‘The Secretary’’;

10 (B) by striking out ‘‘provisions of’’ after

11 ‘‘enforce’’;

12 (C) by striking out ‘‘according to the provi13 sions of’’ and inserting in lieu thereof ‘‘in ac14 cordance with’’; and

15 (D) by striking out ‘‘the provisions of’’

16 after ‘‘with’’; and

17 (5) in subsection (g)—

18 (A) by striking out ‘‘Health, Education,

19 and Welfare’’ and inserting in lieu thereof

20 ‘‘Education’’; and

21 (B) by striking out ‘‘the provisions of’’.

22 REPEALS

23 SEC. 249. (a) Sections 421, 423, 424, 426, 426A,

24 and 429 of the Act are repealed.
416

•S 1513 RS

1 EQUITY FOR STUDENTS, TEACHERS, AND OTHER

2 PROGRAM BENEFICIARIES

3 SEC. 250. The Act is further amended by inserting

4 after section 425 a new section 426 to read as follows:

5 ‘‘EQUITY FOR STUDENTS, TEACHERS, AND OTHER

6 PROGRAM BENEFICIARIES

7 ‘‘SEC. 426. (a) The purpose of this section is to assist

8 the Department in implementing its mission to ensure

9 equal access to education and to promote educational ex10 cellence throughout the Nation, by ensuring equal oppor11 tunities to participate for all eligible students, teachers

12 and other program beneficiaries in any project or activity

13 carried out under an applicable program and promoting

14 their ability to meet high standards.

15 ‘‘(b) The Secretary shall require each applicant for

16 assistance under an applicable program (other than an in17 dividual) to develop and describe in its application the

18 steps it proposes to take to ensure equitable access to, and

19 equitable participation in, the project or activity to be con20 ducted with such assistance, by addressing the special

21 needs of students, teachers, and other program bene22 ficiaries in order to overcome barriers to equitable partici23 pation, including barriers based on gender, race, color, na24 tional origin, disability, and age.
417

•S 1513 RS

1 ‘‘(c) The Secretary may establish criteria and provide

2 technical assistance for meeting the requirements of this

3 section.

4 ‘‘(d) Nothing in this section is intended to alter in

5 any way the rights or responsibilities established under the

6 statutes cited in section 400(d) of this Act.’’.

7 PART E—ADVISORY COMMITTEES

8 REPEAL

9 SEC. 251. Part D of the Act is repealed.

10 PART F—ENFORCEMENT

11 REPEAL OF GRANTBACK PROVISION

12 SEC. 261. Section 459 of the Act is repealed.

13 PART G—RELATED AMENDMENTS TO OTHER ACTS

14 DEPARTMENT OF EDUCATION ORGANIZATION ACT

15 SEC. 271. The Department of Education Organiza16 tion Act is amended—

17 (1) in section 414, by striking out ‘‘(a)’’ and

18 subsection (b);

19 (2) in section 417, by adding a new subsection

20 (d) to read as follows:

21 ‘‘(d) The Secretary is authorized, with funds ex22 pressly appropriated for such purpose, to construct such

23 facilities as may be necessary to carry out functions of

24 the Secretary or the Department and to acquire and dis25 pose of such property.’’;
418

•S 1513 RS

1 (3) in section 421, by inserting ‘‘and to accept

2 donations of services’’ after ‘‘personal’’; and

3 (4) by striking out section 427.

4 HIGHER EDUCATION ACT OF 1965

5 SEC. 272. Sections 432(d) and 482(c) of the Higher

6 Education Act of 1965 are repealed.

7 PART H—CONFORMING AMENDMENTS

8 CONFORMING AMENDMENTS TO OTHER ACTS

9 SEC. 281. (a) The Rehabilitation Act of 1973 is

10 amended—

11 (1) by repealing section 9; and

12 (2) in section 100, by striking out subsection

13 (d).

14 (b) Section 491(b) of the Higher Education Act of

15 1965 (20 U.S.C. 1001 et seq.) is amended by striking out

16 the last sentence thereof.

17 TITLE III—AMENDMENTS TO OTHER ACTS

18 PART A—AMENDMENTS TO THE INDIVIDUALS WITH

19 DISABILITIES EDUCATION ACT

20 ALLOCATIONS UNDER SECTION 611 OF THE IDEA

21 SEC. 311. (a) Section 611(a) of the Individuals with

22 Disabilities Education Act (hereafter in this title referred

23 to as the ‘‘IDEA’’) is amended—

24 (1) by amending paragraph (1) to read as fol25 lows:
419

•S 1513 RS

1 ‘‘(1) Except as provided in paragraph (5), the

2 maximum amount of the grant for which a State is

3 eligible under this section for any fiscal year is—

4 ‘‘(A) the sum of—

5 ‘‘(i) the number of children with dis6 abilities in the State, aged 6 through 21,

7 who are receiving special education and re8 lated services, as determined under para9 graph (3); and

10 ‘‘(ii) the number of such children in

11 the State, aged 3 through five, if the State

12 is eligible for a grant under section 619;

13 multiplied by

14 ‘‘(B) 40 percent of the average per-pupil

15 expenditure in public elementary and secondary

16 schools in the United States.’’;

17 (2) by amending paragraph (2) to read as fol18 lows:

19 ‘‘(2) For the purpose of this section, the term

20 ‘State’ means each of the 50 States, the District of

21 Columbia, and the Commonwealth of Puerto Rico.’’;

22 and

23 (3) in paragraph (5)(A)—

24 (A) in clause (i), by striking out ‘‘and the

25 State’’ and inserting in lieu thereof ‘‘or the
420

•S 1513 RS

1 combined percentage of such children counted

2 by the Secretary for the purpose of making fis3 cal year 1994 allocations under this section and

4 under subpart 2 of part D of chapter 1 of title

5 I of the Elementary and Secondary Education

6 Act of 1965, whichever is greater, if the State’’;

7 (B) in clause (ii)—

8 (i) by striking out ‘‘and the State’’

9 and inserting in lieu thereof ‘‘or the com10 bined percentage of such children counted

11 by the Secretary for the purpose of making

12 fiscal year 1994 allocations under this sec13 tion and under subpart 2 of part D of

14 chapter 1 of title I of the Elementary and

15 Secondary Education Act of 1965, which16 ever is greater, if the State’’; and

17 (ii) by striking out the semicolon and

18 ‘‘and’’ at the end thereof and inserting in

19 lieu thereof a period; and

20 (C) by striking out clause (iii).

21 (b) Section 611(b) of the IDEA is amended to read

22 as follows:

23 ‘‘(b)(1) Notwithstanding subsections (a) and (g) of

24 this section, no State shall receive an amount under this

25 section for any of the fiscal years 1995 through 1999 that
421

•S 1513 RS

1 is less than the combined amount it received for fiscal year

2 1994 under—

3 ‘‘(A) this section; and

4 ‘‘(B) subpart 2 of part D of chapter 1 of title

5 I of the Elementary and Secondary Education Act

6 of 1965 for children with disabilities aged three

7 through 21.

8 ‘‘(2) If, for fiscal year 1998 or 1999, the number of

9 children determined under subsection (a)(3) for any State

10 is less than the total number of children with disabilities,

11 aged three through 21, counted for that State’s fiscal year

12 1994 grants under this section and under subpart 2 of

13 part D of chapter 1 of title I of the Elementary and Sec14 ondary Education Act of 1965, the amount determined

15 under paragraph (1) for that State shall be reduced by

16 the same percentage by which the number of those chil17 dren so declined.’’.

18 (c) Section 611(c) of the IDEA is amended—

19 (1) by amending paragraph (1) to read as fol20 lows:

21 ‘‘(1) Of the funds received under subsection (a)

22 by any State for any fiscal year—

23 ‘‘(A) the State may use up to 25 percent

24 in accordance with paragraph (2); and
422

•S 1513 RS

1 ‘‘(B) except as provided in paragraph (4),

2 the State shall distribute at least 75 percent to

3 local educational agencies and intermediate edu4 cational units, in accordance with subsection

5 (d), for use in accordance with priorities estab6 lished under section 612(3).’’;

7 (2) in paragraph (2), by amending subpara8 graph (A) to read as follows:

9 ‘‘(A) From the funds that any State may

10 use under paragraph (1)(A) for any fiscal year,

11 the State—

12 ‘‘(i) may use five percent of the funds

13 received under this section or $450,000,

14 whichever is greater, for administrative

15 costs related to carrying out sections 612

16 and 613; and

17 ‘‘(ii) shall use the remainder—

18 ‘‘(I) to provide support services

19 and direct services, subject to sub20 paragraph (B), in accordance with

21 priorities established under section

22 612(3); and

23 ‘‘(II) for the administrative costs

24 of monitoring and complaint inves25 tigation, but only to the extent that
423

•S 1513 RS

1 such costs exceed the costs of admin2 istration incurred during fiscal year

3 1985.’’.

4 (d) Section 611(d) of the IDEA is amended to read

5 as follows:

6 ‘‘(d)(1) From the total amount of funds available for

7 any fiscal year under subsection (c)(1)(B), the State shall

8 provide to each local educational agency or intermediate

9 educational unit an amount that bears the same ratio to

10 such total amount as the number of children, aged 3

11 through 21, determined under subsection (a)(3) for such

12 agency or unit bears to the total number of such children

13 determined for all such agencies and units that apply for

14 such funds.

15 ‘‘(2)(A) To the extent necessary, the State—

16 ‘‘(i) shall use funds available under subsection

17 (c)(2)(A)(ii) to ensure that each State agency that

18 received fiscal year 1994 funds under subpart 2 of

19 part D of chapter 1 of title I of the Elementary and

20 Secondary Education Act of 1965 receives, from the

21 combination of such funds and funds provided under

22 paragraph (1), an amount equal to—

23 ‘‘(I) the number of children, aged 6

24 through 21, determined under subsection (a)(3)

25 for such agency; multiplied by
424

•S 1513 RS

1 ‘‘(II) the per-child amount provided under

2 such subpart for fiscal year 1994; and

3 ‘‘(ii) may use such funds to ensure that each

4 local educational agency that received fiscal year

5 1994 funds under such subpart for children who had

6 transferred from a State-operated or State-sup7 ported school or program assisted under such sub8 part receives, from the combination of such funds

9 and funds provided under paragraph (1), an amount

10 for each such child, aged 3 through 21, determined

11 under subsection (a)(3) for such agency, equal to the

12 per-child amount the agency received under such

13 subpart for fiscal year 1994.

14 ‘‘(B) For the purpose of subparagraph (A), the num15 ber of children determined under subsection (a)(3) for any

16 State agency or local educational agency shall not exceed

17 the number of children aged 3 through 21 for whom such

18 agency received funds under such subpart for such fiscal

19 year.’’.

20 (e) Section 611(e)(1) of the IDEA is amended to read

21 as follows:

22 ‘‘(1) The jurisdictions to which this subsection

23 applies are Guam, American Samoa, the Virgin Is24 lands, the Commonwealth of the Northern Mariana

25 Islands, and Palau (until the effective date of the
425

•S 1513 RS

1 Compact of Free Association with the Government

2 of Palau).’’.

3 (f) Section 611(g) of the IDEA is amended to read

4 as follows:

5 ‘‘(g)(1)(A) If the sums appropriated under subsection

6 (h) for any fiscal year are not sufficient to pay in full the

7 total of the amounts that all States are eligible to receive

8 under subsection (a), each such amount shall be ratably

9 reduced.

10 ‘‘(B) If additional funds become available for making

11 such payments for any fiscal year, such reduced amounts

12 shall be increased on the same basis as they were reduced.

13 ‘‘(C) Any State that receives any such additional

14 funds shall distribute them in accordance with this section,

15 except that any State that has used funds available under

16 subsection (c)(2)(A)(ii) for the purposes described in sub17 section (d)(2) may—

18 ‘‘(i) deduct, from the amount that it would oth19 erwise be required to make available to local edu20 cational agencies and intermediate educational units,

21 the same amount of such additional funds as it so

22 used; and

23 ‘‘(ii) use such funds in accordance with sub24 section (c)(2)(A)(ii).
426

•S 1513 RS

1 ‘‘(2)(A) In any fiscal year for which payments have

2 been reduced and additional funds have not been made

3 available under paragraph (1) to pay in full the amounts

4 for which all States are eligible under this section, each

5 State educational agency shall fix dates by which each

6 local educational agency or intermediate educational unit

7 shall report to the State agency the amount of funds avail8 able to it under this section that it estimates it will

9 expend.

10 ‘‘(B) The State educational agency shall, in accord11 ance with this section, reallocate any funds that it deter12 mines will not be used during the period of availability

13 by such local educational agencies and intermediate edu14 cational units, and by any such agency or unit to which

15 such funds would be available if it applied for them under

16 this part, to those local educational agencies and inter17 mediate educational units that the State educational agen18 cy determines will need, and be able to use, additional

19 funds to carry out approved programs.’’.

20 TREATMENT OF CHAPTER 1 STATE AGENCIES

21 SEC. 312. Part B of the IDEA is further amended

22 by inserting after section 614 the following new section:

23 ‘‘TREATMENT OF CHAPTER 1 STATE AGENCIES

24 ‘‘SEC. 614A. (a) For the purpose of making pay25 ments under sections 611 and 619 of this Act, any State

26 agency that received funds for fiscal year 1994 under sub-
427

•S 1513 RS

1 part 2 of part D of chapter 1 of title I of the Elementary

2 and Secondary Education Act of 1965 shall be treated as

3 if it were a local educational agency.

4 ‘‘(b) The State educational agency shall ensure that

5 each State agency that operates or supports a program

6 or school for children with disabilities with funds under

7 this part—

8 ‘‘(1) provides each child with a disability in that

9 school or program a free appropriate public edu10 cation in accordance with this part, including the

11 due process protections of section 615, as if it were

12 a local educational agency; and

13 ‘‘(2) has on file with the State educational

14 agency an application that meets those requirements

15 of section 614 that the Secretary finds appropriate.

16 ‘‘(c) Section 611(c)(4) shall not apply with respect

17 to a State agency that is eligible for a payment under this

18 part by virtue of this section.’’.

19 INFANTS AND TODDLERS WITH DISABILITIES

20 SEC. 313. (a) Section 684(c) of the IDEA is amend21 ed—

22 (1) by redesignating paragraph (2) as para23 graph (5); and

24 (2) by striking out paragraph (1) and inserting

25 in lieu thereof paragraphs (1) through (4) to read

26 as follows:
428

•S 1513 RS

1 ‘‘(1) Except as provided in paragraphs (3) and

2 (4), from the funds remaining for each fiscal year

3 after the reservation and payments under sub4 sections (a) and (b), the Secretary shall first allot to

5 each State an amount that bears the same ratio to

6 the amount of such remainder as the number of in7 fants and toddlers in the State bears to the number

8 of infants and toddlers in all States.

9 ‘‘(2) For fiscal year 1995 only, the Secretary

10 shall allot $34,000,000 of the remaining funds de11 scribed in paragraph (1) among the States in pro12 portion to their relative numbers of infants and tod13 dlers with disabilities who—

14 ‘‘(A) are counted on December 1, 1994;

15 and

16 ‘‘(B) would have been eligible to be count17 ed under section 1221(c)(1) of the Elementary

18 and Secondary Education Act of 1965 as in ef19 fect before the enactment of the Improving

20 America’s Schools Act of 1993.

21 ‘‘(3) Except as provided in paragraph (4), no

22 State shall receive an amount under this section for

23 any fiscal year that is less than the greater of—

24 ‘‘(A) one-half of one percent of the remain25 ing amount described in paragraph (1), not in-
429

•S 1513 RS

1 cluding any amounts allotted under paragraph

2 (2); or

3 ‘‘(B) $500,000.

4 ‘‘(4)(A) No State shall receive an amount under

5 this section for any of the fiscal years 1995 through

6 1999 that is less than the combined amount it re7 ceived for fiscal year 1994 under—

8 ‘‘(i) this part; and

9 ‘‘(ii) subpart 2 of part D of chapter 1 of

10 title I of the Elementary and Secondary Edu11 cation Act of 1965 for children with disabilities

12 from birth through age two.

13 ‘‘(B) If, for fiscal year 1998 or 1999, the num14 ber of infants and toddlers in any State, as deter15 mined under paragraph (1), is less than the number

16 of infants and toddlers so determined for fiscal year

17 1994, the amount determined under subparagraph

18 (A) for that State shall be reduced by the same per19 centage by which the number of those infants and

20 toddlers so declined.’’.

21 (b) The amendments made by subsection (a) shall

22 take effect beginning with fiscal year 1995.
430

•S 1513 RS

1 PART B—AMENDMENTS TO THE STEWART B.

2 MCKINNEY HOMELESS ASSISTANCE ACT

3 STATE LITERACY INITIATIVES

4 SEC. 321. Section 702 of the Stewart B. McKinney

5 Homeless Assistance Act (42 U.S.C. 11301 et seq.; herein6 after in this title referred to as ‘‘the Act’’) is amended

7 to read as follows:

8 ‘‘STATE LITERACY INITIATIVES

9 ‘‘SEC. 702. (a) GENERAL AUTHORITY.—(1) The Sec10 retary of Education is authorized to make grants to State

11 educational agencies to enable each such agency to imple12 ment, either directly or through contracts and grants, a

13 program of literacy training and academic remediation for

14 adult homeless individuals within the State, which pro15 gram shall—

16 ‘‘(A) include outreach activities; and

17 ‘‘(B) be coordinated with other agencies or or18 ganizations, such as community-based organizations,

19 nonprofit literacy-action organizations, and funding

20 recipients under the Adult Education Act, title II of

21 the Job Training Partnership Act, the Youth Fair

22 Chance program under title IV of the Job Training

23 Partnership Act, the Volunteers in Service to Amer24 ica program under the Domestic Volunteers Service

25 Act, part C of this title, or the Job Opportunity and

26 Basic Skills program under the Social Security Act.
431

•S 1513 RS

1 ‘‘(2) The Secretary of Education shall, in awarding

2 grants under this section, give special consideration to the

3 estimates submitted in the application submitted under

4 subsection (b) and make such awards in whatever amounts

5 he or she determines would best serve the purposes of this

6 section.

7 ‘‘(b) APPLICATION.—Each State educational agency

8 desiring to receive a grant under this section shall submit

9 to the Secretary of Education an application at such time,

10 in such manner, and containing such information as the

11 Secretary may reasonably require. Each such application

12 shall include an estimate of the number of homeless indi13 viduals in the State and the number of such individuals

14 expected to be served.

15 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—(1) For

16 the purpose of carrying out the adult literacy and aca17 demic remediation programs authorized by this section,

18 there are authorized to be appropriated such sums as may

19 be necessary for each of the fiscal years 1995 through

20 1999.

21 ‘‘(d) DEFINITION.—As used in this section, the term

22 ‘State’ means each of the 50 States, the District of Colum23 bia, the Commonwealth of Puerto Rico, the Virgin Islands,

24 Guam, American Samoa, the Commonwealth of the North25 ern Mariana Islands, and Palau (until the effective date
432

•S 1513 RS

1 of the Compact of Free Association with the Government

2 of Palau).’’.

3 EDUCATION FOR HOMELESS CHILDREN AND YOUTH

4 SEC. 322. Subtitle B of title VII of the Act is amend5 ed to read as follows:

6 ‘‘Subtitle B—Education for Homeless Children and

7 Youth

8 ‘‘STATEMENT OF POLICY

9 ‘‘SEC. 721. It is the policy of the Congress that—

10 ‘‘(1) each State educational agency shall ensure

11 that each child of a homeless individual and each

12 homeless youth has equal access to the same free,

13 appropriate public education, including a public pre14 school education, as provided to other children and

15 youth;

16 ‘‘(2) in any State that has a compulsory resi17 dency requirement as a component of its compulsory

18 school attendance laws or other laws, regulations,

19 practices, or policies that may act as a barrier to the

20 enrollment, attendance, or success in school of home21 less children and youth, the State will review and

22 undertake steps to revise such laws, regulations,

23 practices, or policies to ensure that homeless chil24 dren and youth are afforded the same free, appro25 priate public education as provided to other children

26 and youth;
433

•S 1513 RS

1 ‘‘(3) homelessness alone should not be sufficient

2 reason to separate students from the mainstream

3 school environment; and

4 ‘‘(4) homeless children and youth should have

5 access to the education and other services that they

6 need to ensure that they have an opportunity to

7 meet the same challenging State performance stand8 ards to which all students are held.

9 ‘‘GRANTS FOR STATE AND LOCAL ACTIVITIES FOR THE

10 EDUCATION OF HOMELESS CHILDREN AND YOUTH

11 ‘‘SEC. 722. (a) GENERAL AUTHORITY.—The Sec12 retary is, in accordance with the provisions of this section,

13 authorized to make grants to States to carry out the ac14 tivities described in subsections (d), (e), (f), and (g).

15 ‘‘(b) APPLICATION.—No State may receive a grant

16 under this section unless the State educational agency

17 submits an application to the Secretary at such time, in

18 such manner, and containing or accompanied by such in19 formation as the Secretary may reasonably require.

20 ‘‘(c) ALLOCATION AND RESERVATIONS.—(1) Subject

21 to paragraph (2) and section 724(c), from the amounts

22 appropriated for each fiscal year pursuant to section 726,

23 the Secretary is authorized to allot to each State an

24 amount that bears the same ratio to the amount appro25 priated in each such year as the amount allocated under

26 section 1122 of the Elementary and Secondary Education
434

•S 1513 RS

1 Act of 1965 to the State in that year bears to the total

2 amount allocated to all States, except that no State shall

3 receive less than $100,000.

4 ‘‘(2)(A) The Secretary is authorized to reserve 0.1

5 percent of the amount appropriated for each fiscal year

6 pursuant to section 726 to be allocated by the Secretary

7 among the Virgin Islands, Guam, American Samoa, the

8 Commonwealth of the Northern Mariana Islands, and

9 Palau (until the effective date of the Compact of Free As10 sociation with the Government of Palau), according to

11 their respective need, as determined by the Secretary.

12 ‘‘(B)(i) The Secretary is authorized to transfer one

13 percent of the amount appropriated for each fiscal year

14 under section 726 to the Department of the Interior for

15 programs for Indian students served by schools funded by

16 the Secretary of the Interior, as determined under the In17 dian Self-Determination and Education Assistance Act,

18 that are consistent with the purposes of this Act.

19 ‘‘(ii) The Secretary and the Secretary of the Interior

20 shall enter into an agreement, consistent with the require21 ments of this part, for the distribution and use of these

22 funds under terms that the Secretary determines best

23 meet the purposes of the covered programs. Such agree24 ment shall set forth the plans of the Secretary of the Inte-
435

•S 1513 RS

1 rior for the use of the amounts transferred, including ap2 propriate goals, objectives and milestones.

3 ‘‘(3) As used in this subsection, the term ‘State’ shall

4 not include the Virgin Islands, Guam, American Samoa,

5 the Commonwealth of the Northern Mariana Islands, or

6 Palau.

7 ‘‘(d) MANDATED ACTIVITIES.—Grants under this

8 section shall be used—

9 ‘‘(1) to carry out the policies set forth in sec10 tion 721 in the State;

11 ‘‘(2) to provide activities for, and services to,

12 homeless children, including preschool-aged children,

13 and homeless youth that enable such children and

14 youth to enroll in, attend, and succeed in school, or,

15 if appropriate, in preschool programs;

16 ‘‘(3) to establish or designate an Office of Coor17 dinator of Education of Homeless Children and

18 Youth in the State educational agency in accordance

19 with subsection (f);

20 ‘‘(4) to prepare and carry out the State plan

21 described in subsection (g); and

22 ‘‘(5) to develop and implement professional de23 velopment programs for school personnel to heighten

24 their awareness of, and capacity to respond to, spe-
436

•S 1513 RS

1 cific problems in the education of homeless children

2 and youth.

3 ‘‘(e) STATE AND LOCAL GRANTS.—(1)(A) Subject to

4 subparagraph (B), if the amount allotted to the State edu5 cational agency for any fiscal year under this subtitle ex6 ceeds the amount such agency received for fiscal year

7 1990 under this subtitle, such agency shall provide grants

8 to local educational agencies for purposes of section 723.

9 ‘‘(B) The State educational agency may reserve not

10 more than the greater of 5 percent of the amount it re11 ceives under this subtitle for any fiscal year, or the

12 amount such agency received under this subtitle for fiscal

13 year 1990, to conduct activities under subsection (f) di14 rectly or through grants or contracts.

15 ‘‘(2) If the amount allotted to a State educational

16 agency for any fiscal year under this subtitle is less than

17 the amount such agency received for fiscal year 1990

18 under this subtitle, such agency, at its discretion, may pro19 vide such grants or may conduct activities under sub20 section (f) directly or through grants or contracts.

21 ‘‘(f) FUNCTIONS OF THE OFFICE OF COORDINA22 TOR.—The Coordinator of Education of Homeless Chil23 dren and Youth established in each State shall—

24 ‘‘(1) estimate the number of homeless children

25 and youth in the State and the number of such chil-
437

•S 1513 RS

1 dren and youth served with assistance provided

2 under the grants under this subtitle;

3 ‘‘(2) gather, to the extent possible, reliable,

4 valid, and comprehensive information on the nature

5 and extent of the problems homeless children and

6 youth have in gaining access to public preschool pro7 grams and to public elementary and secondary

8 schools, the difficulties in identifying the special

9 needs of such children and youth, any progress made

10 by the State educational agency and local edu11 cational agencies in the State in addressing such

12 problems and difficulties, and the success of the pro13 gram under this subtitle in allowing homeless chil14 dren and youth to enroll in, attend, and succeed in

15 school;

16 ‘‘(3) develop and carry out the State plan de17 scribed in subsection (g);

18 ‘‘(4) prepare and submit to the Secretary not

19 later than October 1, 1997, and on October 1 of

20 every third year thereafter, a report on the informa21 tion gathered pursuant to paragraphs (1) and (2)

22 and such additional information as the Secretary

23 may require to carry out his or her responsibilities

24 under this subtitle;
438

•S 1513 RS

1 ‘‘(5) facilitate coordination between the State

2 educational agency, the State social services agency,

3 and other agencies providing services to homeless

4 children and youth and their families; and

5 ‘‘(6) develop relationships and coordinate with

6 other relevant education, child development, or pre7 school programs and providers of services to home8 less children, homeless families, and runaway and

9 homeless youth (including domestic violence agen10 cies, shelter operators, transitional housing facilities,

11 runaway and homeless youth centers, and transi12 tional living programs for homeless youth), to im13 prove the provision of comprehensive services to

14 homeless children and youth and their families.

15 ‘‘(g) STATE PLAN.—(1) Each State shall submit to

16 the Secretary a plan to provide for the education of home17 less children and youth within the State, which plan shall

18 describe how such children and youth are or will be given

19 the opportunity to meet the same challenging State per20 formance standards all students are expected to meet,

21 shall describe the procedures the State educational agency

22 will use to identify such children and youth in the State

23 and to assess their special needs, and shall—
439

•S 1513 RS

1 ‘‘(A) describe procedures for the prompt resolu2 tion of disputes regarding the educational placement

3 of homeless children and youth;

4 ‘‘(B) describe programs for school personnel

5 (including principals, attendance officers, teachers

6 and enrollment personnel), to heighten the aware7 ness of such personnel of the specific needs of run8 away and homeless youth;

9 ‘‘(C) describe procedures that ensure that

10 homeless children and youth who meet the relevant

11 eligibility criteria are able to participate in Federal,

12 State, or local food programs;

13 ‘‘(D) describe procedures that ensure that—

14 ‘‘(i) homeless children have equal access to

15 the same public preschool programs as provided

16 to other children; and

17 ‘‘(ii) homeless children and youth who

18 meet the relevant eligibility criteria are able to

19 participate in Federal, State, or local before20 and after-school care programs;

21 ‘‘(E) address problems set forth in the report

22 provided to the Secretary under subsection (f)(4);

23 ‘‘(F) address other problems with respect to the

24 education of homeless children and youth, including

25 problems caused by—
440

•S 1513 RS

1 ‘‘(i) transportation issues; and

2 ‘‘(ii) enrollment delays that are caused

3 by—

4 ‘‘(I) immunization requirements;

5 ‘‘(II) residency requirements;

6 ‘‘(III) lack of birth certificates, school

7 records, or other documentation; or

8 ‘‘(IV) guardianship issues;

9 ‘‘(G) demonstrate that the State educational

10 agency and local educational agencies in the State

11 have developed, and will review and revise, policies

12 to remove barriers to the enrollment and retention

13 of homeless children and youth in schools in the

14 State; and

15 ‘‘(H) contain an assurance that the State edu16 cational agency and local educational agencies in the

17 State will adopt policies and practices to ensure that

18 homeless children and youth are not isolated or

19 stigmatized.

20 ‘‘(2) Each plan adopted under this subsection shall

21 also show how the State will ensure that local educational

22 agencies in the State will comply with the requirements

23 of paragraphs (3) through (9).
441

•S 1513 RS

1 ‘‘(3)(A) The local educational agency of each home2 less child and youth shall, according to the child’s or

3 youth’s best interest, either—

4 ‘‘(i) continue the child’s or youth’s education in

5 the school of origin—

6 ‘‘(I) for the remainder of the academic

7 year; or

8 ‘‘(II) in any case in which a family be9 comes homeless between academic years, for the

10 following academic year; or

11 ‘‘(ii) enroll the child or youth in any school that

12 nonhomeless students who live in the attendance

13 area in which the child or youth is actually living are

14 eligible to attend.

15 ‘‘(B) In determining the best interests of the child

16 or youth under subparagraph (A), the local educational

17 agency shall comply with the request made by a parent

18 or guardian regarding school selection unless the local

19 educational agency has a compelling reason for not com20 plying with the request.

21 ‘‘(C) For purposes of this paragraph, the term ‘school

22 of origin’ means the school that the child or youth at23 tended when permanently housed, or the school in which

24 the child or youth was last enrolled.
442

•S 1513 RS

1 ‘‘(D) The choice regarding placement shall be made

2 regardless of whether the child or youth lives with the

3 homeless parents or has been temporarily placed elsewhere

4 by the parents.

5 ‘‘(4) Each homeless child or youth shall be provided

6 services comparable to services offered to other students

7 in the school selected according to the provisions of para8 graph (3), including—

9 ‘‘(A) transportation services, except as required

10 by paragraph (9);

11 ‘‘(B) educational services for which the child or

12 youth meets the eligibility criteria, such as services

13 provided under title I of the Elementary and Sec14 ondary Education Act of 1965 or similar State or

15 local programs, educational programs for children

16 with disabilities, and educational programs for stu17 dents with limited English proficiency;

18 ‘‘(C) programs in vocational education;

19 ‘‘(D) programs for gifted and talented students;

20 and

21 ‘‘(E) school meals programs.

22 ‘‘(5) Any record ordinarily kept by the school, includ23 ing immunization records, academic records, birth certifi24 cates, guardianship records, and evaluations for special
443

•S 1513 RS

1 services or programs, of each homeless child or youth shall

2 be maintained—

3 ‘‘(A) so that the records are available, in a

4 timely fashion, when a child or youth enters a new

5 school district; and

6 ‘‘(B) in a manner consistent with section 438 of

7 the General Education Provisions Act.

8 ‘‘(6) Each local educational agency serving homeless

9 children and youth that receives assistance under this sub10 title shall coordinate with local social services agencies and

11 other agencies or programs providing services to such chil12 dren or youth and their families.

13 ‘‘(7)(A) Each local educational agency in which

14 homeless children or youth live or attend school in a State

15 that receives a grant under this subtitle shall designate

16 a homelessness liaison to ensure that—

17 ‘‘(i) homeless children and youth enroll and suc18 ceed in the schools of that agency; and

19 ‘‘(ii) homeless families, children, and youth re20 ceive educational services for which they are eligible,

21 including preschool programs, and referrals to health

22 care services, dental services, mental health services,

23 and other appropriate services.

24 ‘‘(B) State coordinators and local educational agen25 cies shall inform school personnel, service providers, and
444

•S 1513 RS

1 advocates working with homeless families of the duties of

2 the liaisons.

3 ‘‘(8) Each State educational agency and local edu4 cational agency shall review and revise any policies that

5 may act as barriers to the enrollment of homeless children

6 and youth in schools selected in accordance with para7 graph (3). In reviewing and revising such policies, consid8 eration shall be given to issues concerning transportation,

9 immunization, residency, birth certificates, school records,

10 and other documentation, and guardianship. Special at11 tention shall be given to ensuring the enrollment and at12 tendance of homeless children and youth who are not cur13 rently attending school.

14 ‘‘(9) Each plan adopted under this subsection shall—

15 ‘‘(A) demonstrate that transportation, to the

16 extent possible, will be provided at no cost to home17 less children and youth attending the school in which

18 they are enrolled; and

19 ‘‘(B) contain procedures for resolving disputes

20 between local educational agencies or within a local

21 educational agency concerning transportation costs

22 for such children and youth.

23 ‘‘LOCAL EDUCATIONAL AGENCY GRANTS FOR THE

24 EDUCATION OF HOMELESS CHILDREN AND YOUTH

25 ‘‘SEC. 723. (a) GENERAL AUTHORITY.—(1) The

26 State educational agency shall, in accordance with section
445

•S 1513 RS

1 722(e) and with amounts made available to such agency

2 under section 726, make grants to local educational agen3 cies for the purpose of facilitating the enrollment, attend4 ance, and success in school of homeless children and

5 youth.

6 ‘‘(2) Unless otherwise specified, services under para7 graph (1) may be provided through programs on school

8 grounds or at other facilities. Where services are provided

9 through programs on school grounds, such services may

10 also be made available to children and youth who are de11 termined by the local educational agency to be at risk of

12 failing in, or dropping out of, schools, except that priority

13 for such services shall be given to homeless children and

14 youth. To the maximum extent practicable, services shall

15 be provided through existing programs and mechanisms

16 that integrate homeless individuals with nonhomeless indi17 viduals.

18 ‘‘(3) Services provided under this section shall be de19 signed to expand upon or improve services provided as

20 part of the school’s regular academic program.

21 ‘‘(b) APPLICATION.—A local educational agency that

22 desires to receive a grant under this section shall submit

23 an application to the State educational agency at such

24 time, in such manner, and containing or accompanied by

25 such information as the State educational agency may rea-
446

•S 1513 RS

1 sonably require according to guidelines issued by the Sec2 retary. Each such application shall include—

3 ‘‘(1) a description of the services and programs

4 for which assistance is sought and the problems to

5 be addressed through the provision of such services

6 and programs;

7 ‘‘(2) an assurance that the local educational

8 agency’s combined fiscal effort per student or the

9 aggregate expenditures of that agency and the State

10 with respect to the provision of free public education

11 by that agency for the preceding fiscal year was not

12 less than 90 percent of such combined fiscal effort

13 or aggregate expenditures for the second preceding

14 fiscal year;

15 ‘‘(3) an assurance that the applicant complies

16 with, or will use requested funds to come into com17 pliance with, paragraphs (3) through (9) of section

18 722(g); and

19 ‘‘(4) a description of policies and procedures

20 that the agency will implement to ensure that activi21 ties carried out by the agency will not isolate or stig22 matize homeless children and youth.

23 ‘‘(c) AWARDS.—(1) The State educational agency

24 shall, in accordance with section 722(g) and with amounts

25 made available to such agency under section 726, award
447

•S 1513 RS

1 grants under this section to local educational agencies sub2 mitting an application under subsection (b) on the basis

3 of the need of such agencies.

4 ‘‘(2) In determining need under paragraph (1), the

5 State educational agency may consider the number of

6 homeless children and youth enrolled in preschool, elemen7 tary, and secondary schools within the area served by the

8 agency, and shall consider the needs of such children and

9 youth and the ability of the agency to meet such needs.

10 Such agency may also consider—

11 ‘‘(A) the extent to which the proposed use of

12 funds would facilitate the enrollment, retention, and

13 educational success of homeless children and youth;

14 ‘‘(B) the extent to which the application reflects

15 coordination with other local and State agencies that

16 serve homeless children and youth, as well as the

17 State plan required by section 722(g);

18 ‘‘(C) the extent to which the applicant exhibits

19 in the application and in current practice a commit20 ment to education for all homeless children and

21 youth; and

22 ‘‘(D) such other criteria as the agency deter23 mines appropriate.

24 ‘‘(3) Grants awarded under this section shall be for

25 terms not to exceed three years.
448

•S 1513 RS

1 ‘‘(d) AUTHORIZED ACTIVITIES.—(1) A local edu2 cational agency may use funds awarded under this section

3 for activities to carry out the purpose of this subtitle, in4 cluding—

5 ‘‘(A) the provision of tutoring and supple6 mentary educational services that are linked to the

7 achievement of the same challenging standards the

8 State establishes for other children or youth;

9 ‘‘(B) the provision of expedited evaluations of

10 the strengths and needs of homeless children and

11 youth, including needs and eligibility for programs

12 and services (such as educational programs for gift13 ed and talented students, children with disabilities,

14 and students with limited English proficiency, serv15 ices provided under title I of the Elementary and

16 Secondary Education Act of 1965 or similar State

17 or local programs, programs in vocational education,

18 and school meals programs);

19 ‘‘(C) professional development and other activi20 ties for educators and other school personnel that is

21 designed to heighten the understanding and sensitiv22 ity of such personnel to the needs of homeless chil23 dren and youth, the rights of such children and

24 youth under this Act, and the specific educational

25 needs of runaway and homeless youth;
449

•S 1513 RS

1 ‘‘(D) the provision of referral services to home2 less children and youth for medical, dental, mental,

3 and other health services;

4 ‘‘(E) the provision of assistance to defray the

5 excess cost of transportation for students pursuant

6 to sections 722(g)(4) or 722(g)(9), not otherwise

7 provided through Federal, State, or local funding,

8 where necessary to enable students to attend the

9 school selected under section 722(g)(3);

10 ‘‘(F) the provision of developmentally appro11 priate early childhood education programs, not oth12 erwise provided through Federal, State, or local

13 funding, for preschool-aged children;

14 ‘‘(G) the provision of before- and after-school

15 and summer programs for homeless children and

16 youth in which a teacher or other qualified individ17 ual provides tutoring, homework assistance, and su18 pervision of educational activities;

19 ‘‘(H) where necessary, the payment of fees and

20 other costs associated with tracking, obtaining, and

21 transferring records necessary to enroll homeless

22 children and youth in school, including birth certifi23 cates, immunization records, academic records,

24 guardianship records, and evaluations for special

25 programs or services;
450

•S 1513 RS

1 ‘‘(I) the provision of education and training to

2 the parents of homeless children and youth about

3 the rights of, and resources available to, such chil4 dren and youth;

5 ‘‘(J) the development of coordination between

6 schools and agencies providing services to homeless

7 children and youth;

8 ‘‘(K) the provision of counseling (including vio9 lence prevention counseling), social work, and psy10 chological services, and referrals for such services;

11 ‘‘(L) activities to address the particular needs

12 of homeless children and youth that may arise from

13 domestic violence;

14 ‘‘(M) the adaptation of space and purchase of

15 supplies for nonschool facilities made available under

16 subsection (a)(2) to provide services under this sub17 section;

18 ‘‘(N) the provision of school supplies to be dis19 tributed at shelters or temporary housing facilities;

20 and

21 ‘‘(O) the provision of other extraordinary or

22 emergency assistance needed to enable homeless chil23 dren and youth to attend school.

24 ‘‘SECRETARIAL RESPONSIBILITIES

25 ‘‘SEC. 724. (a) REVIEW OF PLANS.—In reviewing the

26 State plans submitted by the State educational agencies
451

•S 1513 RS

1 under section 722(g), the Secretary shall use a peer review

2 process and shall evaluate whether State laws, policies,

3 and practices described in such plans adequately address

4 the problems of homeless children and youth relating to

5 access to education and placement as described in such

6 plans.

7 ‘‘(b) TECHNICAL ASSISTANCE.—The Secretary shall

8 provide support and technical assistance to the State edu9 cational agencies to assist such agencies to carry out their

10 responsibilities under this subtitle.

11 ‘‘(c) EVALUATION AND DISSEMINATION.—The Sec12 retary shall conduct evaluation and dissemination activi13 ties of programs designed to meet the educational needs

14 of homeless elementary and secondary school students,

15 and may use funds appropriated under section 726 to con16 duct such activities.

17 ‘‘(d) REPORTS.—The Secretary shall prepare and

18 submit a report to Congress on the programs and activi19 ties authorized by this subtitle by December 31, 1997, and

20 every third year thereafter.

21 ‘‘DEFINITIONS

22 ‘‘SEC. 725. For the purpose of this subtitle, the fol23 lowing terms have the following meanings:

24 ‘‘(1) The term ‘Secretary’ means the Secretary

25 of Education.
452

•S 1513 RS

1 ‘‘(2) The term ‘State’ means each of the 50

2 States, the District of Columbia, and the Common3 wealth of Puerto Rico.

4 ‘‘AUTHORIZATION OF APPROPRIATIONS

5 ‘‘SEC. 726. For the purpose of carrying out this sub6 title, there are authorized to be appropriated such sums

7 as may be necessary for each of the fiscal years 1995

8 through 1999.’’.

9 PART C—REPEAL OF IMPACT AID STATUTES

10 REPEAL OF IMPACT AID STATUTES

11 SEC. 331. Public Laws 81–815 and 81–874 are

12 repealed.

13 SECTION 1. SHORT TITLE.

14 This Act may be cited as the ‘‘Improving America’s

15 Schools Act of 1994’’.

16 SEC. 2. ORGANIZATION OF THE ACT.

17 This Act is organized into the following titles:

TITLE I—AMENDMENTS TO THE ELEMENTARY AND SECONDARY

EDUCATION ACT OF 1965

TITLE II—AMENDMENTS TO THE GENERAL EDUCATION

PROVISIONS ACT

TITLE III—AMENDMENTS TO OTHER ACTS

TITLE IV—MISCELLANEOUS

TITLE V—WORKERS TECHNOLOGY SKILL DEVELOPMENT

18 SEC. 3. EFFECTIVE DATES; TRANSITION.

19 (a) EFFECTIVE DATES.—
453

•S 1513 RS

1 (1) TITLE I.—The amendment made by title I of

2 this Act shall take effect July 1, 1995, except that

3 those provisions of title I that apply to programs

4 under part A of title IX of the Elementary and Sec5 ondary Education Act of 1965, as amended by this

6 Act, and to programs under such Act that are con7 ducted on a competitive basis, shall be effective with

8 respect to appropriations for use under such pro9 grams for fiscal year 1995 and for subsequent fiscal

10 years.

11 (2) TITLE II.—Title II of this Act and the

12 amendments made by title II of this Act shall take ef13 fect on the date of enactment of this Act, except that

14 section 250 of such title shall be effective—

15 (A) July 1, 1995 for noncompetitive pro16 grams in which funds are allocated on the basis

17 of a formula; and

18 (B) for programs that are conducted on a

19 competitive basis, with respect to appropriations

20 for use under such programs in fiscal year 1995

21 and in subsequent fiscal years.

22 (3) TITLE III.—(A) Parts A and B of title III

23 of this Act and the amendments made by such parts

24 shall take effect on July 1, 1995.
454

•S 1513 RS

1 (B) Part C of title III of this Act and the

2 amendments made by such part shall take effect on

3 October 1, 1994.

4 (b) TRANSITION.—Notwithstanding any other provi5 sion of law, a recipient of funds under the Elementary and

6 Secondary Education Act of 1965, as such Act was in effect

7 on the day preceding the date of enactment of this Act, may

8 use funds available to such recipient under such predecessor

9 authority to carry out necessary and reasonable planning

10 and transition activities in order to ensure a smooth imple11 mentation of programs authorized by this Act.

12 TITLE I—AMENDMENTS TO THE

13 ELEMENTARY AND SECOND14 ARY EDUCATION ACT OF 1965

15 SEC. 101. AMENDMENTS TO THE ELEMENTARY AND SEC16 ONDARY EDUCATION ACT OF 1965.

17 The Elementary and Secondary Education Act of 1965

18 (20 U.S.C. 2701 et seq.) is amended to read as follows:

19 ‘‘SECTION 1. SHORT TITLE.

20 ‘‘This Act may be cited as the ‘Elementary and Sec21 ondary Education Act of 1965’.

22 ‘‘SEC. 2. TABLE OF CONTENTS.

23 ‘‘The table of contents for this Act is as follows:

‘‘Sec. 1. Short title.

‘‘Sec. 2. Table of contents.

‘‘TITLE I—HELPING CHILDREN IN NEED MEET HIGH STANDARDS

‘‘Sec. 1001. Declaration of policy and statement of purpose.
455

•S 1513 RS

‘‘Sec. 1002. Authorization of appropriations.

‘‘PART A—MAKING HIGH-POVERTY SCHOOLS WORK

‘‘SUBPART 1—BASIC PROGRAM REQUIREMENTS

‘‘Sec. 1111. State plans.

‘‘Sec. 1112. Local educational agency plans.

‘‘Sec. 1113. Eligible school attendance areas.

‘‘Sec. 1114. Schoolwide programs.

‘‘Sec. 1115. Targeted assistance schools.

‘‘Sec. 1116. Parental involvement.

‘‘Sec. 1117. Participation of children enrolled in private schools.

‘‘Sec. 1118. Assessment and local educational agency and school improvement.

‘‘Sec. 1119. State assistance for schools support and improvement.

‘‘Sec. 1120. Fiscal requirements.

‘‘SUBPART 2—ALLOCATIONS

‘‘Sec. 1121. Grants for the outlying areas and the Secretary of the Interior.

‘‘Sec. 1122. Allocations to States.

‘‘Sec. 1123. Grants to States.

‘‘Sec. 1124. Within State allocations.

‘‘PART B—TRANSITION TO SUCCESS

‘‘Sec. 1201. Transition to success.

‘‘Sec. 1202. Coordination requirements.

‘‘Sec. 1203. Definitions.

‘‘PART C—EVEN START FAMILY LITERACY PROGRAMS

‘‘Sec. 1301. Statement of purpose.

‘‘Sec. 1302. Program authorized.

‘‘Sec. 1303. State programs.

‘‘Sec. 1304. Uses of funds.

‘‘Sec. 1305. Program elements.

‘‘Sec. 1306. Eligible participants.

‘‘Sec. 1307. Applications.

‘‘Sec. 1308. Award of subgrants.

‘‘Sec. 1309. Evaluation.

‘‘Sec. 1310. Construction.

‘‘PART D—EDUCATION OF MIGRATORY CHILDREN

‘‘Sec. 1401. Program purpose.

‘‘Sec. 1402. Program authorized.

‘‘Sec. 1403. State allocations.

‘‘Sec. 1404. State applications; services.

‘‘Sec. 1405. Secretarial approval; peer review.

‘‘Sec. 1406. Comprehensive needs assessment and service-delivery plan; authorized

activities.

‘‘Sec. 1407. Bypass.

‘‘Sec. 1408. Coordination of migrant education activities.

‘‘PART E—EDUCATION FOR NEGLECTED AND DELINQUENT YOUTH

‘‘Sec. 1501. Purpose; program authorized.
456

•S 1513 RS

‘‘Sec. 1502. Eligibility.

‘‘Sec. 1503. Allocation of funds.

‘‘Sec. 1504. State reallocation of funds.

‘‘Sec. 1505. State plan and State agency applications.

‘‘Sec. 1506. Use of funds.

‘‘Sec. 1507. Institution-wide projects.

‘‘Sec. 1508. Three-year projects.

‘‘Sec. 1509. Program evaluations.

‘‘Sec. 1510. Transition services.

‘‘Sec. 1511. Definitions.

‘‘PART F—FEDERAL EVALUATIONS AND DEMONSTRATIONS

‘‘Sec. 1601. Evaluations.

‘‘Sec. 1602. Demonstrations of innovative practices.

‘‘PART G—GENERAL PROVISIONS

‘‘Sec. 1701. Federal regulations.

‘‘Sec. 1702. State administration.

‘‘Sec. 1703. Construction.

‘‘TITLE II—IMPROVING TEACHING AND LEARNING

‘‘PART A—DWIGHT D. EISENHOWER PROFESSIONAL DEVELOPMENT PROGRAM

‘‘Sec. 2101. Findings.

‘‘Sec. 2102. Purposes.

‘‘Sec. 2103. Authorization of appropriations; allocation between subparts.

‘‘SUBPART 1—FEDERAL ACTIVITIES

‘‘Sec. 2111. Program authorized.

‘‘Sec. 2112. Authorized activities.

‘‘Sec. 2113. Eisenhower National Clearinghouse for Mathematics and Science

Education.

‘‘Sec. 2114. National Teacher Training Project.

‘‘SUBPART 2—STATE AND LOCAL ACTIVITIES

‘‘Sec. 2121. Program authorized.

‘‘Sec. 2122. Allocation of funds.

‘‘Sec. 2123. Within State allocations.

‘‘Sec. 2124. Priority for professional development in mathematics and science.

‘‘Sec. 2125. State applications.

‘‘Sec. 2126. State level activities.

‘‘Sec. 2127. Local educational agency applications.

‘‘Sec. 2128. Local cost-sharing.

‘‘Sec. 2129. Local allocation of funds and allowable activities.

‘‘Sec. 2130. Higher education activities.

‘‘Sec. 2131. Consortium requirement.

‘‘SUBPART 3—PROFESSIONAL DEVELOPMENT DEMONSTRATION PROJECT

‘‘Sec. 2141. Findings and purpose.

‘‘Sec. 2142. Demonstration program authorized.

‘‘Sec. 2143. Grants.

‘‘Sec. 2144. Plan.

‘‘Sec. 2145. Technical assistance.
457

•S 1513 RS

‘‘Sec. 2146. Matching funds.

‘‘SUBPART 4—GENERAL PROVISIONS

‘‘Sec. 2151. Reporting and accountability.

‘‘Sec. 2152. Definitions.

‘‘PART B—NATIONAL WRITING PROJECT

‘‘Sec. 2201. Short title.

‘‘Sec. 2202. Findings.

‘‘Sec. 2203. National Writing Project.

‘‘PART C—SUPPORT AND ASSISTANCE FOR ESEA PROGRAMS

‘‘SUBPART 1—COMPREHENSIVE REGIONAL CENTERS

‘‘Sec. 2301. Findings.

‘‘Sec. 2302. Purpose.

‘‘Sec. 2303. Program authorized.

‘‘Sec. 2304. Eligible entities.

‘‘Sec. 2305. Comprehensive regional centers.

‘‘Sec. 2306. Information collection and evaluation.

‘‘Sec. 2307. Transition.

‘‘Sec. 2308. Authorization of appropriations.

‘‘SUBPART 2—NATIONAL DIFFUSION NETWORK

‘‘Sec. 2311. Program authorized.

‘‘Sec. 2312. Authorization of appropriations.

‘‘SUBPART 3—EISENHOWER REGIONAL MATHEMATICS AND SCIENCE EDUCATION

CONSORTIUMS

‘‘Sec. 2321. Program established.

‘‘Sec. 2322. Use of funds.

‘‘Sec. 2323. Application and review.

‘‘Sec. 2324. Regional boards.

‘‘Sec. 2325. Payments; Federal share; non-Federal share.

‘‘Sec. 2326. Evaluation.

‘‘Sec. 2327. Definitions.

‘‘Sec. 2328. Authorization of appropriations.

‘‘PART D—TERRITORIAL TEACHER TRAINING PROGRAM

‘‘Sec. 2401. Territorial teacher training program.

‘‘PART E—TELECOMMUNICATIONS DEMONSTRATION PROJECT FOR

MATHEMATICS

‘‘Sec. 2501. Project authorized.

‘‘Sec. 2502. Application required.

‘‘Sec. 2503. Authorization of appropriations.

‘‘TITLE III—TECHNOLOGY FOR EDUCATION

‘‘Sec. 3001. Short title.
458

•S 1513 RS

‘‘PART A—EDUCATIONAL TECHNOLOGY FOR ALL STUDENTS

‘‘Sec. 3111. Findings.

‘‘Sec. 3112. Statement of purpose.

‘‘Sec. 3113. Definitions.

‘‘SUBPART 1—NATIONAL PROGRAMS IN TECHNOLOGY FOR EDUCATION

‘‘Sec. 3121. Purposes.

‘‘Sec. 3122. Federal leadership.

‘‘Sec. 3123. Regional technical support and professional development.

‘‘Sec. 3124. Educational technology product development.

‘‘Sec. 3125. Research on educational applications of advanced technologies.

‘‘Sec. 3126. High performance educational computing and telecommunications

networks.

‘‘Sec. 3127. Study, evaluation and report of funding alternatives.

‘‘SUBPART 2—STATE AND LOCAL PROGRAMS FOR SCHOOL TECHNOLOGY

RESOURCES, TECHNICAL SUPPORT, AND PROFESSIONAL DEVELOPMENT

‘‘Sec. 3131. Statement of purpose.

‘‘Sec. 3132. School technology resource grants.

‘‘SUBPART 3—SPECIAL RULE APPLICABLE TO APPROPRIATIONS

‘‘Sec. 3141. Special rule.

‘‘PART B—STAR SCHOOLS PROGRAM

‘‘Sec. 3201. Short title.

‘‘Sec. 3202. Purpose.

‘‘Sec. 3203. Grants authorized.

‘‘Sec. 3204. Eligible telecommunications partnerships.

‘‘Sec. 3205. Applications.

‘‘Sec. 3206. Leadership and evaluation activities.

‘‘Sec. 3207. Administrative provisions.

‘‘Sec. 3208. Other assistance.

‘‘Sec. 3209. Definitions.

‘‘PART C—READY-TO-LEARN TELEVISION

‘‘Sec. 3301. Ready-to-learn.

‘‘Sec. 3302. Educational programming.

‘‘Sec. 3303. Duties of Secretary.

‘‘Sec. 3304. Applications.

‘‘Sec. 3305. Reports and evaluation.

‘‘Sec. 3306. Administrative costs.

‘‘Sec. 3307. Definition.

‘‘Sec. 3308. Authorization of appropriations.

‘‘PART D—ELEMENTARY MATHEMATICS AND SCIENCE EQUIPMENT PROGRAM

‘‘Sec. 3401. Short title.

‘‘Sec. 3402. Statement of purpose.

‘‘Sec. 3403. Program authorized.

‘‘Sec. 3404. Allotments of funds.

‘‘Sec. 3405. State application.

‘‘Sec. 3406. Local application.

‘‘Sec. 3407. Program requirements.
459

•S 1513 RS

‘‘Sec. 3408. Federal administration.

‘‘Sec. 3409. Authorization of appropriations.

‘‘PART E—ELEMENTARY AND SECONDARY SCHOOL LIBRARY MEDIA

RESOURCES PROGRAM

‘‘Sec. 3501. Program authorized.

‘‘Sec. 3502. Funding requirements.

‘‘Sec. 3503. State plans.

‘‘Sec. 3504. Distribution of allocation to local educational agencies.

‘‘PART F—BUDDY SYSTEM COMPUTER EDUCATION

‘‘Sec. 3601. Short title.

‘‘Sec. 3602. Purpose.

‘‘Sec. 3603. Grant authorization.

‘‘Sec. 3604. Program requirements.

‘‘Sec. 3605. Applications.

‘‘Sec. 3606. Use of funds.

‘‘Sec. 3607. Evaluation.

‘‘Sec. 3608. Authorization of appropriations.

‘‘TITLE IV—MAGNET SCHOOLS ASSISTANCE

‘‘Sec. 4101. Findings.

‘‘Sec. 4102. Statement of purpose.

‘‘Sec. 4103. Program authorized.

‘‘Sec. 4104. Definition.

‘‘Sec. 4105. Eligibility.

‘‘Sec. 4106. Applications and requirements.

‘‘Sec. 4107. Priority.

‘‘Sec. 4108. Use of funds.

‘‘Sec. 4109. Prohibitions.

‘‘Sec. 4110. Limitation on payments.

‘‘Sec. 4111. Innovative programs.

‘‘Sec. 4112. Authorization of appropriations; reservation.

‘‘TITLE V—BETTER SCHOOLS FOR AMERICA

‘‘PART A—SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES

‘‘Sec. 5101. Findings.

‘‘Sec. 5102. Purpose.

‘‘Sec. 5103. Authorization of appropriations.

‘‘SUBPART 1—STATE GRANTS FOR DRUG AND VIOLENCE PREVENTION PROGRAMS

‘‘Sec. 5111. Reservations and allotments.

‘‘Sec. 5112. State applications.

‘‘Sec. 5113. State and local educational agency programs.

‘‘Sec. 5114. Governor’s programs.

‘‘Sec. 5115. Local applications.

‘‘Sec. 5116. Local drug and violence prevention programs.

‘‘Sec. 5117. Evaluation and reporting.

‘‘Sec. 5118. Programs for Hawaiian Natives.
460

•S 1513 RS

‘‘SUBPART 2—NATIONAL PROGRAMS

‘‘Sec. 5121. Federal activities.

‘‘Sec. 5122. Grants to institutions of higher education.

‘‘SUBPART 3—GENERAL PROVISIONS

‘‘Sec. 5131. Definitions.

‘‘Sec. 5132. Materials.

‘‘Sec. 5133. Prohibited uses of funds.

‘‘PART B—ASSISTANCE TO ADDRESS SCHOOL DROPOUT PROBLEMS

‘‘Sec. 5201. Short title.

‘‘Sec. 5202. Purpose.

‘‘Sec. 5203. Grants to local educational agencies.

‘‘Sec. 5204. Application.

‘‘Sec. 5205. Authorized activities.

‘‘Sec. 5206. Distribution of assistance; limitation on costs.

‘‘Sec. 5207. Reports.

‘‘Sec. 5208. Authorization of appropriations.

‘‘TITLE VII—LANGUAGE ENHANCEMENT AND ACQUISITION

PROGRAMS

‘‘PART A—BILINGUAL EDUCATION PROGRAMS

‘‘Sec. 7101. Short title.

‘‘Sec. 7102. Findings.

‘‘Sec. 7103. Policy; authorization of appropriations.

‘‘Sec. 7104. Definitions.

‘‘Sec. 7105. Native American and Alaska Native children in school.

‘‘SUBPART 1—FINANCIAL ASSISTANCE FOR BILINGUAL EDUCATION

‘‘Sec. 7111. Financial assistance for bilingual education.

‘‘SUBPART 2—RESEARCH AND EVALUATION

‘‘Sec. 7121. Authority.

‘‘Sec. 7122. Research.

‘‘Sec. 7123. Academic excellence awards.

‘‘Sec. 7124. State grant program.

‘‘Sec. 7125. National Clearinghouse for Bilingual Education.

‘‘Sec. 7126. Evaluations.

‘‘SUBPART 3—PROFESSIONAL DEVELOPMENT

‘‘Sec. 7131. Purpose.

‘‘Sec. 7132. Professional development grants.

‘‘Sec. 7133. Fellowships.

‘‘Sec. 7134. Stipends.

‘‘PART B—FOREIGN LANGUAGE ASSISTANCE PROGRAM

‘‘Sec. 7201. Short title.

‘‘Sec. 7202. Findings.

‘‘Sec. 7203. Program authorized.

‘‘Sec. 7204. Applications.

‘‘Sec. 7205. Authorization of appropriations.
461

•S 1513 RS

‘‘PART C—ADMINISTRATION

‘‘Sec. 7301. Coordination with related programs.

‘‘Sec. 7302. Report on bilingual education.

‘‘Sec. 7303. State educational agency recommendations; peer review.

‘‘PART D—SPECIAL RULE

‘‘Sec. 7401. Special rule.

‘‘TITLE VIII—PROGRAMS OF NATIONAL SIGNIFICANCE

‘‘PART A—ARTS IN EDUCATION

‘‘Sec. 8101. Support for arts education.

‘‘PART B—INEXPENSIVE BOOK DISTRIBUTION PROGRAM

‘‘Sec. 8151. Inexpensive book distribution program for reading motivation.

‘‘PART C—PUBLIC CHARTER SCHOOLS

‘‘Sec. 8201. Findings and purpose.

‘‘Sec. 8202. Program authorized.

‘‘Sec. 8203. Applications.

‘‘Sec. 8204. Administration.

‘‘Sec. 8205. Uses of funds.

‘‘Sec. 8206. National activities.

‘‘Sec. 8207. Definitions.

‘‘Sec. 8208. Authorization of appropriations.

‘‘PART D—CIVIC EDUCATION

‘‘Sec. 8251. Instruction on the history and principles of democracy in the United

States.

‘‘Sec. 8252. Instruction in civics, government, and the law.

‘‘Sec. 8253. Report; authorization of appropriations.

‘‘PART E—ALLEN J. ELLENDER FELLOWSHIP PROGRAM

‘‘Sec. 8301. Findings.

‘‘SUBPART 1—PROGRAM FOR MIDDLE AND SECONDARY SCHOOL STUDENTS

‘‘Sec. 8311. Establishment.

‘‘Sec. 8312. Applications.

‘‘SUBPART 2—PROGRAM FOR MIDDLE AND SECONDARY SCHOOL TEACHERS

‘‘Sec. 8321. Establishment.

‘‘Sec. 8322. Applications.

‘‘SUBPART 3—PROGRAMS FOR RECENT IMMIGRANTS, STUDENTS OF MIGRANT

PARENTS AND OLDER AMERICANS

‘‘Sec. 8331. Establishment.

‘‘Sec. 8332. Applications.

‘‘SUBPART 4—GENERAL PROVISIONS

‘‘Sec. 8341. Administrative provisions.
462

•S 1513 RS

‘‘Sec. 8342. Authorization of appropriations.

‘‘PART F—GIFTED AND TALENTED CHILDREN

‘‘Sec. 8401. Short title.

‘‘Sec. 8402. Findings and purposes.

‘‘Sec. 8403. Definitions; construction.

‘‘Sec. 8404. Authorized programs.

‘‘Sec. 8405. Program priorities.

‘‘Sec. 8406. General provisions.

‘‘Sec. 8407. Authorization of appropriations.

‘‘PART G—WOMEN’S EDUCATIONAL EQUITY

‘‘Sec. 8451. Short title; findings.

‘‘Sec. 8452. Statement of purposes.

‘‘Sec. 8453. Program authorized.

‘‘Sec. 8454. Applications.

‘‘Sec. 8455. Criteria and priorities.

‘‘Sec. 8456. Report.

‘‘Sec. 8457. Evaluation and dissemination.

‘‘Sec. 8458. Authorization of appropriations.

‘‘PART H—FUND FOR THE IMPROVEMENT OF EDUCATION

‘‘Sec. 8501. Fund for the Improvement of Education.

‘‘PART I—BLUE RIBBON SCHOOLS

‘‘Sec. 8551. Blue Ribbon Schools program.

‘‘PART J—NATIONAL STUDENT AND PARENT MOCK ELECTION

‘‘Sec. 8601. National student and parent mock election.

‘‘PART K—ELEMENTARY SCHOOL COUNSELING DEMONSTRATION

‘‘Sec. 8651. Short title.

‘‘Sec. 8652. Findings and purpose.

‘‘Sec. 8653. Authorization of appropriations.

‘‘Sec. 8654. Program authority.

‘‘Sec. 8655. Applications.

‘‘Sec. 8656. Use of funds.

‘‘Sec. 8657. Definitions.

‘‘PART L—21ST CENTURY COMMUNITY LEARNING CENTERS

‘‘Sec. 8701. Short title.

‘‘Sec. 8702. Findings.

‘‘Sec. 8703. Program authorization.

‘‘Sec. 8704. Application required.

‘‘Sec. 8705. Uses of funds.

‘‘Sec. 8706. Definitions.

‘‘Sec. 8707. Authorization of appropriations.

‘‘PART M—MODEL PROJECTS

‘‘Sec. 8751. Model projects.
463

•S 1513 RS

‘‘PART N—EXTENDING TIME FOR LEARNING

‘‘Sec. 8801. Findings.

‘‘Sec. 8802. Purpose.

‘‘Sec. 8803. Program authorized.

‘‘Sec. 8804. Application.

‘‘Sec. 8805. Authorized activities.

‘‘Sec. 8806. Administration.

‘‘Sec. 8807. Definitions.

‘‘Sec. 8808. Authorization of appropriations.

‘‘PART O—CREATING SMALLER LEARNING COMMUNITIES

‘‘Sec. 8851. Findings.

‘‘Sec. 8852. Purpose.

‘‘Sec. 8853. Program authorized.

‘‘Sec. 8854. Application.

‘‘Sec. 8855. Authorized activities.

‘‘Sec. 8856. Administration.

‘‘Sec. 8857. Authorization of appropriations.

‘‘TITLE IX—SPECIAL PROGRAMS

‘‘PART A—IMPACT AID

‘‘Sec. 9001. Findings.

‘‘Sec. 9002. Purpose.

‘‘Sec. 9003. Payments relating to Federal acquisition of real property.

‘‘Sec. 9004. Payments for eligible federally connected children.

‘‘Sec. 9005. Policies and procedures relating to children residing on Indian lands.

‘‘Sec. 9006. Application for payments under sections 9003 and 9004.

‘‘Sec. 9007. Payments for sudden and substantial increases in attendance of military dependents.

‘‘Sec. 9008. Construction.

‘‘Sec. 9009. Facilities.

‘‘Sec. 9010. Treatment of payments by the States in determining eligibility for,

and the amount of, State aid.

‘‘Sec. 9011. Federal administration.

‘‘Sec. 9012. Administrative hearings and judicial review.

‘‘Sec. 9013. Forgiveness of overpayments.

‘‘Sec. 9014. Definitions.

‘‘Sec. 9015. Authorization of appropriations.

‘‘PART B—EMERGENCY IMMIGRANT EDUCATION PROGRAM

‘‘Sec. 9201. Purpose; definition.

‘‘Sec. 9202. State administrative costs.

‘‘Sec. 9203. Withholding.

‘‘Sec. 9204. State allocations.

‘‘Sec. 9205. State applications.

‘‘Sec. 9206. Administrative provisions.

‘‘Sec. 9207. Uses of funds.

‘‘Sec. 9208. Reports.

‘‘Sec. 9209. Authorization of appropriations.
464

•S 1513 RS

‘‘PART C—EDUCATION FOR NATIVE HAWAIIANS

‘‘Sec. 9301. Findings.

‘‘Sec. 9302. Purpose.

‘‘Sec. 9303. Native Hawaiian model curriculum implementation project.

‘‘Sec. 9304. Native Hawaiian family-based education centers.

‘‘Sec. 9305. Native Hawaiian higher education demonstration program.

‘‘Sec. 9306. Native Hawaiian gifted and talented demonstration program.

‘‘Sec. 9307. Native Hawaiian special education program.

‘‘Sec. 9308. Administrative provisions.

‘‘Sec. 9309. Definitions.

‘‘PART D—TERRITORIAL ASSISTANCE

‘‘Sec. 9401. General assistance for the Virgin Islands.

‘‘TITLE X—GENERAL PROVISIONS

‘‘PART A—DEFINITIONS

‘‘Sec. 10101. Definitions.

‘‘Sec. 10102. Applicability of this title.

‘‘PART B—FLEXIBILITY IN THE USE OF ADMINISTRATIVE AND OTHER FUNDS

‘‘Sec. 10201. Consolidation of State administrative funds for elementary and secondary education programs.

‘‘Sec. 10202. Single local educational agency States.

‘‘Sec. 10203. Consolidation of funds for local administration.

‘‘Sec. 10204. Administrative funds study.

‘‘Sec. 10205. Consolidated set-aside for Department of the Interior funds.

‘‘Sec. 10206. Availability of unneeded program funds.

‘‘PART C—COORDINATION OF PROGRAMS; CONSOLIDATED STATE AND LOCAL

APPLICATIONS

‘‘Sec. 10301. Purpose.

‘‘Sec. 10302. Optional consolidated State application.

‘‘Sec. 10303. General applicability of State educational agency assurances.

‘‘Sec. 10304. Consolidated local applications.

‘‘Sec. 10305. Other general assurances.

‘‘Sec. 10306. Relationship of State and local plans to plans under the Goals 2000:

Educate America Act.

‘‘PART D—WAIVERS

‘‘Sec. 10401. Waivers of statutory and regulatory requirements.

‘‘PART E—UNIFORM PROVISIONS

‘‘Sec. 10501. Maintenance of effort.

‘‘Sec. 10502. Prohibition regarding State aid.

‘‘Sec. 10503. Participation by private school children and teachers.

‘‘Sec. 10504. Standards for by-pass.

‘‘Sec. 10505. Complaint process for participation of private school children.

‘‘Sec. 10506. By-pass determination process.

‘‘Sec. 10507. Prohibition against funds for religious worship or instruction.
465

•S 1513 RS

‘‘PART F—OTHER PROVISIONS

‘‘Sec. 10601. State recognition of exemplary performance.

‘‘Sec. 10602. Applicability to home schools.

‘‘Sec. 10603. General provision regarding nonrecipient nonpublic schools.

‘‘Sec. 10604. Prohibition on Federal mandates, direction, and control.

‘‘Sec. 10605. Report.

‘‘PART G—EVALUATIONS

‘‘Sec. 10701. Evaluations.

‘‘TITLE XI—CULTURAL PARTNERSHIPS FOR AT-RISK CHILDREN

AND YOUTH

‘‘Sec. 11101. Short title.

‘‘Sec. 11102. Findings.

‘‘Sec. 11103. Demonstration program.

‘‘Sec. 11104. Authorized activities.

‘‘Sec. 11105. Planning subgrants.

‘‘Sec. 11106. Payments; amounts of award; cost share; limitations.

‘‘Sec. 11107. Models.

‘‘Sec. 11108. Authorization of appropriations.

‘‘TITLE XII—DISCLOSURE REQUIREMENTS

‘‘Sec. 12001. Definitions.

‘‘Sec. 12002. Disclosure requirements.

‘‘Sec. 12003. Nondiscriminatory enrollment and service policy.

‘‘Sec. 12004. Enforcement.

‘‘TITLE XIII—TARGETED ASSISTANCE PROGRAM

‘‘PART A—GENERAL PROVISIONS

‘‘Sec. 13101. Allotment to States.

‘‘Sec. 13102. Allocation to local educational agencies.

‘‘PART B—STATE PROGRAMS

‘‘Sec. 13201. State uses of funds.

‘‘Sec. 13202. State applications.

‘‘Sec. 13203. Participation of children enrolled in private schools.

‘‘PART C—LOCAL TARGETED ASSISTANCE PROGRAMS

‘‘Sec. 13301. Targeted use of funds.

‘‘Sec. 13302. Authorized activities.

‘‘Sec. 13303. Local applications.

‘‘PART D—AUTHORIZATION OF APPROPRIATIONS

‘‘Sec. 13401. Authorization of appropriations.

‘‘TITLE XIV—NATIONAL EDUCATION STATISTICS

‘‘Sec. 14001. Short title.

‘‘Sec. 14002. Findings; purpose; definitions.

‘‘Sec. 14003. National Center for Education Statistics.
466

•S 1513 RS

‘‘Sec. 14004. Duties of the Center.

‘‘Sec. 14005. Performance of duties.

‘‘Sec. 14006. Reports.

‘‘Sec. 14007. Advisory Council on Education Statistics.

‘‘Sec. 14008. Confidentiality.

‘‘Sec. 14009. Dissemination.

‘‘Sec. 14010. Cooperative education statistics systems.

‘‘Sec. 14011. National Assessment of Educational Progress.

‘‘Sec. 14012. National Assessment Governing Board.

‘‘Sec. 14013. Authorization of appropriations.

‘‘TITLE XV—EDUCATION INFRASTRUCTURE

‘‘Sec. 15001. Short title.

‘‘Sec. 15002. Findings.

‘‘Sec. 15003. Purpose.

‘‘Sec. 15004. Definitions.

‘‘Sec. 15005. Improvement of public elementary and secondary education facilities program authorized.

‘‘Sec. 15006. Applications.

‘‘Sec. 15007. Criteria for awarding grants.

‘‘Sec. 15008. Authorized activities.

‘‘Sec. 15009. Requirements.

‘‘Sec. 15010. Fair wages.

‘‘Sec. 15011. Federal assessment.

‘‘TITLE XVI—URBAN AND RURAL EDUCATION

‘‘Sec. 16001. Definitions.

‘‘PART A—URBAN SCHOOLS

‘‘Sec. 16101. Short title.

‘‘Sec. 16102. Findings.

‘‘Sec. 16103. Purpose.

‘‘SUBPART 1—URBAN SCHOOL IMPROVEMENT

‘‘Sec. 16121. Allocation of funds.

‘‘Sec. 16122. Application.

‘‘Sec. 16123. Planning period.

‘‘Sec. 16124. Uses of funds.

‘‘Sec. 16125. Accountability.

‘‘Sec. 16126. Incentive awards to exemplary programs.

‘‘Sec. 16127. Special rules.

‘‘SUBPART 2—GENERAL PROVISIONS

‘‘Sec. 16131. White House Conference on Urban Education.

‘‘PART B—RURAL SCHOOLS

‘‘Sec. 16201. Short title.

‘‘Sec. 16202. Findings.

‘‘Sec. 16203. Purpose.

‘‘SUBPART 1—RURAL SCHOOL IMPROVEMENT

‘‘Sec. 16221. Allotment of funds.
467

•S 1513 RS

‘‘Sec. 16222. Application.

‘‘Sec. 16223. Planning period.

‘‘Sec. 16224. Uses of funds.

‘‘Sec. 16225. Accountability.

‘‘Sec. 16226. Incentive awards to exemplary programs.

‘‘SUBPART 2—GENERAL PROVISIONS

‘‘Sec. 16231. White House Conference on Rural Education.

‘‘PART C—AUTHORIZATION OF APPROPRIATIONS

‘‘Sec. 16301. Authorization of appropriations.

1 ‘‘TITLE I—HELPING CHILDREN

2 IN NEED MEET HIGH STAND3 ARDS

4 ‘‘SEC. 1001. DECLARATION OF POLICY AND STATEMENT OF

5 PURPOSE.

6 ‘‘(a) STATEMENT OF POLICY.—

7 ‘‘(1) IN GENERAL.—The Congress declares it to

8 be the policy of the United States that a high-quality

9 education for all individuals and a fair and equal op10 portunity to obtain that education are a societal good,

11 are a moral imperative, and improve the life of every

12 individual, because the quality of our individual lives

13 ultimately depends on the quality of the lives of oth14 ers.

15 ‘‘(2) ADDITIONAL POLICY.—The Congress further

16 declares it to be the policy of the United States to ex17 pand the program authorized by this title over the fis18 cal years 1995 through 1999 by increasing funding

19 for this title by at least $750,000,000 over baseline

20 each fiscal year and thereby increasing the percentage
468

•S 1513 RS

1 of eligible children served in each fiscal year with the

2 intent of serving all eligible children by fiscal year

3 2004.

4 ‘‘(b) RECOGNITION OF NEED.—The Congress recog5 nizes that—

6 ‘‘(1) although the achievement gap between dis7 advantaged children and other children has been re8 duced by half over the past two decades, a sizable gap

9 remains, and many segments of our society lack the

10 opportunity to become well educated;

11 ‘‘(2) the most urgent need for educational im12 provement is in schools with high concentrations of

13 children from low-income families and achieving the

14 National Education Goals will not be possible without

15 substantial improvement in such schools;

16 ‘‘(3) educational needs are particularly great for

17 low-achieving children in our Nation’s highest-poverty

18 schools, children with limited-English proficiency,

19 children of migrant workers, children with disabil20 ities, Indian children, children who are neglected or

21 delinquent, and young children and their parents who

22 are in need of family-literacy services; and

23 ‘‘(4) in order for all students to master challeng24 ing standards in core academic subjects as described

25 in the third National Education Goal described in
469

•S 1513 RS

1 section 102(3) of the Goals 2000: Educate America

2 Act, students and schools will need to maximize the

3 time spent on teaching and learning the core aca4 demic subjects, and students who receive pullout in5 struction at the expense of core academic subject

6 learning time can fall further behind in learning the

7 core academic subjects.

8 ‘‘(c) WHAT HAS BEEN LEARNED SINCE 1988.—To en9 able schools to provide all children a high-quality education,

10 this title builds upon the following learned information:

11 ‘‘(1) All children can master challenging content

12 and complex problem-solving skills. Research clearly

13 shows that children, including low-achieving children,

14 can succeed when expectations are high and all chil15 dren are given the opportunity to learn challenging

16 material.

17 ‘‘(2) Piecemeal reform, particularly when not

18 tied to an overall vision of teaching to, and helping

19 all children reach, high standards does not work.

20 ‘‘(3) Use of low-level tests that are not aligned

21 with schools’ curricula fails to provide adequate infor22 mation about what children know and can do and en23 courages curricula and instruction that focus on low24 level skills measured by those tests.
470

•S 1513 RS

1 ‘‘(4) Resources are effective when children have

2 full access to quality regular school programs and re3 ceive supplemental help through extended-time activi4 ties.

5 ‘‘(5) Intensive and sustained professional devel6 opment for teachers and other school staff, focused on

7 teaching and learning and on helping children attain

8 high standards, is too often not provided.

9 ‘‘(6) All parents can contribute to their chil10 dren’s success by helping at home and becoming part11 ners with teachers so that children can achieve high

12 standards.

13 ‘‘(7) Decentralized decisionmaking is a key in14 gredient of systemic reform. Schools need the re15 sources, flexibility, and authority to design and im16 plement effective strategies for bringing their children

17 to high levels of performance.

18 ‘‘(8) Opportunities for students to achieve to

19 high standards can be enhanced through a variety of

20 approaches such as public school choice and charter

21 schools.

22 ‘‘(9) Attention to academics alone cannot ensure

23 that all children will reach high standards. The health

24 and other needs of children that affect learning are

25 frequently unmet, particularly in high-poverty
471

•S 1513 RS

1 schools, thereby necessitating coordination of services

2 to better meet children’s needs.

3 ‘‘(10) Resources provided under this title have

4 not been adequately targeted on the highest-poverty

5 school districts and schools that have children most in

6 need.

7 ‘‘(11) Equitable and sufficient resources, particu8 larly as such resources relate to the quality of the

9 teaching force, have an integral relationship to high

10 student achievement.

11 ‘‘(d) STATEMENT OF PURPOSE.—The purpose of this

12 title is to enable schools to provide opportunities for chil13 dren served to acquire the same basic and advanced skills

14 and knowledge as children not served under this title. This

15 purpose shall be accomplished by—

16 ‘‘(1) ensuring high standards and aligning the

17 efforts of States, local educational agencies, and

18 schools to help children served under this title to reach

19 such standards;

20 ‘‘(2) providing children an enriched and acceler21 ated educational program, including, when appro22 priate, the use of the arts and humanities, through

23 schoolwide programs or through additional services

24 that increase the amount and quality of instructional

25 time;
472

•S 1513 RS

1 ‘‘(3) promoting schoolwide reform and access of

2 children, from the earliest grades, to effective instruc3 tional strategies and challenging academic content

4 that support intensive complex thinking and problem5 solving experiences;

6 ‘‘(4) significantly upgrading the quality of in7 struction by providing staff in participating schools

8 with substantial opportunities for ongoing profes9 sional development;

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

11 title with each other, with other educational services,

12 and, to the extent feasible, with health and social serv13 ice programs funded from other sources;

14 ‘‘(6) affording parents meaningful opportunities

15 to participate in the education of their children at

16 home and at school;

17 ‘‘(7) distributing resources, in amounts sufficient

18 to make a difference, to areas where needs are great19 est;

20 ‘‘(8) improving accountability, as well as teach21 ing and learning, by using State assessment systems

22 designed to measure how well children served under

23 this title are achieving high State student perform24 ance standards expected of all children;
473

•S 1513 RS

1 ‘‘(9) providing greater decisionmaking authority

2 and flexibility to schools in exchange for greater re3 sponsibility for student performance; and

4 ‘‘(10) encouraging the development of innovative

5 models for recruitment, induction, retention, and as6 sessment of new, highly qualified teachers, especially

7 such teachers from historically underrepresented

8 groups.

9 ‘‘SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.

10 ‘‘(a) LOCAL EDUCATIONAL AGENCY GRANTS.—For the

11 purpose of carrying out part A of this title, other than sec12 tion 1117(e), there are authorized to be appropriated

13 $7,500,000,000 for fiscal year 1995 and such sums as may

14 be necessary for each of the 4 succeeding fiscal years.

15 ‘‘(b) EVEN START.—For the purpose of carrying out

16 part C, there are authorized to be appropriated

17 $120,000,000 for fiscal year 1995 and such sums as may

18 be necessary for each of the 4 succeeding fiscal years.

19 ‘‘(c) EDUCATION OF MIGRATORY CHILDREN.—For the

20 purpose of carrying out part D, there are authorized to be

21 appropriated $310,000,000 for fiscal year 1995 and such

22 sums as may be necessary for each of the 4 succeeding fiscal

23 years.

24 ‘‘(d) EDUCATION FOR NEGLECTED OR DELINQUENT

25 YOUTH.—For the purpose of carrying out part E, there are
474

•S 1513 RS

1 authorized to be appropriated $40,000,000 for fiscal year

2 1995 and such sums as may be necessary for each of the

3 4 succeeding fiscal years.

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

5 out section 1117(e), there are authorized to be appropriated

6 $45,000,000 for fiscal year 1995 and such sums as may be

7 necessary for each of the 4 succeeding fiscal years.

8 ‘‘(f) FEDERAL ACTIVITIES.—

9 ‘‘(1) SECTION 1601.—For the purpose of carrying

10 out section 1601, there are authorized to be appro11 priated $10,000,000 for fiscal year 1995 and such

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

13 fiscal years.

14 ‘‘(2) SECTION 1602.—For the purpose of carrying

15 out section 1602, there are authorized to be appro16 priated $20,000,000 for fiscal year 1995 and such

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

18 fiscal years.

19 ‘‘PART A—MAKING HIGH-POVERTY SCHOOLS

20 WORK

21 ‘‘Subpart 1—Basic Program Requirements

22 ‘‘SEC. 1111. STATE PLANS.

23 ‘‘(a) PLANS REQUIRED.—

24 ‘‘(1) IN GENERAL.—Any State desiring to receive

25 a grant under this part shall submit to the Secretary
475

•S 1513 RS

1 a plan, developed in consultation with local edu2 cational agencies, teachers, pupil services personnel,

3 administrators, other staff, and parents, that satisfies

4 the requirements of this section.

5 ‘‘(2) CONSOLIDATION PLAN.—A State plan sub6 mitted under paragraph (1) may be submitted as

7 part of a consolidation plan under section 10302.

8 ‘‘(b) STANDARDS AND ASSESSMENT PROVISIONS.—

9 ‘‘(1) IN GENERAL.—(A) Each State plan shall

10 describe—

11 ‘‘(i) the high-quality academic standards for

12 all children that will be used by the State, its

13 local educational agencies, and its schools in sub14 jects, as determined by the State, to carry out

15 this part, and for those subjects for which a State

16 does not have standards and students are served

17 under this part, describe a process for ensuring

18 that such students are taught the same knowledge

19 and skills and held to the same expectations as

20 all children;

21 ‘‘(ii)(I) two levels of high performance, pro22 ficient and advanced, that determine how well

23 children are mastering the material in the State

24 content standards; and
476

•S 1513 RS

1 ‘‘(II) a third level, partially proficient, to

2 provide complete information about the progress

3 of the lower-performing children toward achiev4 ing to the proficient and advanced levels of per5 formance; and

6 ‘‘(iii) the steps the State will take to help

7 each local educational agency and school affected

8 by the State plan develop the capacity to comply

9 with each of the requirements of sections

10 1112(c)(3), 1114(b), and 1115(c) that is applica11 ble to such agency or school.

12 ‘‘(B) If a State has State content standards or

13 State student performance standards developed under

14 title III of the Goals 2000: Educate America Act or

15 an aligned set of assessments for all students devel16 oped under such title, or if not developed under such

17 title, adopted under another process, the State shall

18 use those standards and assessments, modified, if nec19 essary, to conform with the requirements of para20 graphs (1)(A)(i), (2), and (3).

21 ‘‘(C) If a State has not adopted State content

22 standards and State student performance standards

23 for all students, the State plan shall include a strat24 egy for developing State content standards and State

25 student performance standards for elementary and
477

•S 1513 RS

1 secondary school children served under this part in

2 subjects as determined by the State, including at least

3 mathematics, and reading or language arts, which

4 standards shall include the same knowledge, skills,

5 and levels of performance expected of all children, and

6 for those subjects for which a State will not develop

7 standards and students are served under this part, in8 clude a strategy for developing a process for ensuring

9 that such students are taught the same knowledge and

10 skills and held to the same expectations as all chil11 dren.

12 ‘‘(2) ADEQUATE YEARLY PROGRESS.—(A) Each

13 State plan shall include a description, based on as14 sessments described under paragraph (3), of what con15 stitutes adequate yearly progress of—

16 ‘‘(i) any school served under this part to17 ward enabling all children to meet the State’s

18 student performance standards; and

19 ‘‘(ii) any local educational agency that re20 ceives funds under this part toward enabling all

21 children within its jurisdiction to meet the

22 State’s student performance standards.

23 ‘‘(B) Adequate yearly progress under this para24 graph shall be defined in a manner that results in

25 continuous and substantial yearly improvement of
478

•S 1513 RS

1 each local educational agency and school sufficient to

2 achieve the goal of all children served under this part

3 meeting the State’s advanced level of performance,

4 particularly eligible children described in section

5 1115(b).

6 ‘‘(3) ASSESSMENTS.—Each State plan shall in7 clude a description of the set of high-quality, yearly

8 student assessments, including at least one assessment

9 in one grade in each school, that will be used as the

10 primary means of determining the yearly perform11 ance of each local educational agency and school

12 served under this part in enabling all children served

13 under this part to meet the State’s student perform14 ance standards. Such assessments shall—

15 ‘‘(A) be the same assessments used to meas16 ure the performance of all children, if the State

17 measures the performance of all children;

18 ‘‘(B) be aligned with such State’s content

19 standards in subjects for which the State has de20 veloped standards in accordance with subpara21 graph (A) or (C) of paragraph (1);

22 ‘‘(C) involve multiple measures of student

23 performance, including measures that assess

24 higher order thinking skills and understanding;

25 ‘‘(D) provide for—
479

•S 1513 RS

1 ‘‘(i) the participation in such assess2 ments of all students with diverse learning

3 needs; and

4 ‘‘(ii) the adaptations and accommoda5 tions necessary to permit such participa6 tion;

7 ‘‘(E) be used for the purposes for which they

8 are valid and reliable and be consistent with rel9 evant, nationally recognized professional and

10 technical standards for such assessments, except

11 that assessment measures that do not satisfy the

12 requirements of this subparagraph may be in13 cluded as one of the multiple measures;

14 ‘‘(F) be capable of providing coherent infor15 mation about student attainments relative to the

16 State content standards;

17 ‘‘(G) support effective curriculum and in18 struction;

19 ‘‘(H) provide individual student reports;

20 ‘‘(I) provide statistically reliable results for

21 economically disadvantaged children disaggre22 gated by gender, major ethnic or racial groups,

23 limited-English proficient children, children with

24 disabilities, and other educationally meaningful

25 categories of children; and
480

•S 1513 RS

1 ‘‘(J) include students who have resided in

2 the area served by a local educational agency for

3 a full academic year but have not attended a

4 single school served by such agency for a full

5 academic year, except that the performance of

6 students who have attended more than one school

7 in the local educational agency in any academic

8 year shall be used only in determining the

9 progress of the local educational agency, unless

10 the State provides otherwise.

11 ‘‘(4) OTHER INDICATORS.—Each State plan may

12 include a description of any other indicators, such as

13 rates of attendance, graduation, and school-to-work or

14 school-to-college transition, that will be used in addi15 tion to the assessments required by paragraph (3) in

16 determining the yearly performance of each local edu17 cational agency and school served under this part.

18 ‘‘(5) TRANSITIONAL STATEWIDE ASSESSMENTS.—

19 (A)(i) If a State does not have State content stand20 ards and State student performance standards that

21 meet the requirements of paragraph (1) or assess22 ments that meet the requirements of paragraph (3),

23 the State may propose to use, for a transitional pe24 riod of not more than two years, a transitional state25 wide set of yearly assessments that measure the per-
481

•S 1513 RS

1 formance of complex skills and challenging subject

2 matter.

3 ‘‘(ii) Each State using the transitional assess4 ments described in clause (i) shall develop benchmarks

5 of progress toward the development of assessments

6 that meet the requirements of paragraph (3), includ7 ing periodic updates.

8 ‘‘(B)(i) The Secretary may extend for two addi9 tional years the use of the transitional assessments de10 scribed in subparagraph (A) upon the request of a

11 State and a showing of substantial progress toward

12 meeting the requirements of paragraphs (1) and (3),

13 particularly paragraph (3)(C).

14 ‘‘(ii) A State that is denied the two-year exten15 sion or renewal under clause (i) or is granted such

16 an extension or renewal, but after one or two addi17 tional years does not have State content standards

18 and State student performance standards that meet

19 the requirements of paragraph (1) or assessments that

20 meet the requirements of paragraph (3), shall adopt

21 a set of such standards and aligned assessments, such

22 as those contained in other State plans the Secretary

23 has approved.

24 ‘‘(C) For any year during which a State is using

25 transitional assessments the State shall devise a pro-
482

•S 1513 RS

1 cedure for identifying local educational agencies

2 under subsections (c)(3) and (c)(7) of section 1118

3 and schools under subsections (b)(1) and (b)(6) of sec4 tion 1118 that relies on accurate information about

5 the academic progress of each such local educational

6 agency and school.

7 ‘‘(c) OTHER PROVISIONS TO SUPPORT TEACHING AND

8 LEARNING.—Each State plan shall contain assurances

9 that—

10 ‘‘(1) the State educational agency will imple11 ment a system of school support teams under section

12 1119(b), including provision of necessary professional

13 development for those teams;

14 ‘‘(2) the State educational agency will provide

15 the least restrictive and burdensome regulations for

16 local educational agencies and individual schools par17 ticipating in a program assisted under this part;

18 ‘‘(3) the State educational agency will fulfill its

19 local educational agency and school improvement re20 sponsibilities under section 1118; and

21 ‘‘(4) the State educational agency will encourage

22 the use of funds from other Federal, State, and local

23 sources for schoolwide reform in schoolwide programs

24 under section 1114.

25 ‘‘(d) PEER REVIEW AND SECRETARIAL APPROVAL.—
483

•S 1513 RS

1 ‘‘(1) IN GENERAL.—The Secretary shall—

2 ‘‘(A) establish a peer review process to assist

3 in the review and recommendations for revision

4 of State plans;

5 ‘‘(B) following an initial peer review, ap6 prove a State plan the Secretary determines

7 meets the requirements of subsections (b) and (c);

8 ‘‘(C) if the Secretary determines that the

9 State plan does not meet the requirements of sub10 section (b) or (c), immediately notify the State

11 of that determination and the reasons for such

12 determination;

13 ‘‘(D) not finally disapprove a State’s plan

14 before offering the State an opportunity to revise

15 its plan and provide technical assistance to as16 sist the State to meet the requirements of sub17 sections (b) and (c); and

18 ‘‘(E) not require a State, as a condition of

19 approval of the State plan, to include in, or de20 lete from, such plan one or more specific ele21 ments of the State’s content standards or to use

22 specific assessment instruments or items.

23 ‘‘(2) WITHHOLDING.—The Secretary may with24 hold funds for State administration and activities

25 under section 1119 until the Secretary determines
484

•S 1513 RS

1 that the State plan meets the requirements of this sec2 tion.

3 ‘‘(e) DURATION OF THE PLAN.—

4 ‘‘(1) IN GENERAL.—Each State plan shall—

5 ‘‘(A) remain in effect for the duration of the

6 State’s participation under this part; and

7 ‘‘(B) be periodically reviewed and revised

8 by the State, as necessary, to reflect changes in

9 the State’s strategies and programs under this

10 part.

11 ‘‘(2) ADDITIONAL INFORMATION.—If the State

12 makes significant changes in its plan, such as the

13 adoption of new State content standards and State

14 student performance standards, new assessments, or a

15 new definition of adequate progress, the State shall

16 submit such information to the Secretary.

17 ‘‘(f) SPECIAL RULE.—If the aggregate State expendi18 ture by a State educational agency for the operation of ele19 mentary and secondary education programs in the State

20 is less than such agency’s aggregate Federal expenditure for

21 the State operation of all Federal elementary and secondary

22 education programs, then the State plan shall include as23 surances and specific provisions that such State will pro24 vide State expenditures for the operation of elementary and

25 secondary education programs equal to or exceeding the
485

•S 1513 RS

1 level of Federal expenditures for such operation by October

2 1, 1998.

3 ‘‘SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS.

4 ‘‘(a) PLANS REQUIRED.—A local educational agency

5 may receive a subgrant under this part for any fiscal year

6 only if such agency has on file with the State educational

7 agency a plan that is approved by the State educational

8 agency. Such plan may be submitted as part of a consoli9 dated plan under section 10304.

10 ‘‘(b) PLAN PROVISIONS.—

11 ‘‘(1) IN GENERAL.—Each local educational agen12 cy plan shall include—

13 ‘‘(A) a description of additional high-qual14 ity student assessments, if any, other than those

15 described in the State plan under section 1111,

16 that—

17 ‘‘(i) the local educational agency and

18 schools served under this part will use to—

19 ‘‘(I) provide information to teach20 ers, parents, and students on the

21 progress being made toward meeting

22 the State student performance stand23 ards described in section

24 1111(b)(2)(A); and
486

•S 1513 RS

1 ‘‘(II) aid in instruction, in im2 proving the performance of individual

3 students, and in revising the local edu4 cational agency or school’s instruc5 tional program to enable all children

6 served under this part to meet the

7 State student performance standards

8 described in section 1111(b)(2)(A);

9 ‘‘(ii) will be selected and administered

10 by teachers; and

11 ‘‘(iii) will be aligned with curriculum

12 and constitute an integral part of the in13 structional program;

14 ‘‘(B) at the local educational agency’s dis15 cretion, a description of any other indicators,

16 such as rates of attendance, graduation, and

17 school-to-work or school-to-college transition, that

18 will be used in addition to the assessments de19 scribed in subparagraph (A) for the uses de20 scribed in clause (i) of such subparagraph;

21 ‘‘(C) a description of the strategy the local

22 educational agency will use to provide ongoing

23 professional development for teachers, pupil serv24 ices personnel, administrators, parents and other
487

•S 1513 RS

1 staff, including local educational agency level

2 staff, that—

3 ‘‘(i) takes into account the needs and

4 activities across and within schools; and

5 ‘‘(ii) draws on resources available

6 under this part, other Federal resources,

7 and, at the local educational agency’s dis8 cretion, other State and local resources;

9 ‘‘(D) a description of the poverty criteria

10 that will be used to select school attendance areas

11 under section 1113;

12 ‘‘(E) a description of how teachers, in con13 sultation with parents, administrators, and

14 pupil services personnel, in targeted assistance

15 schools under section 1115 will identify those eli16 gible children most in need of services under this

17 part;

18 ‘‘(F) a general description of the nature of

19 the programs to be conducted by its schools

20 under sections 1114 and 1115 and services out21 side those schools for children living in local in22 stitutions for neglected or delinquent children

23 and for eligible homeless children;

24 ‘‘(G) a description of how the local edu25 cational agency, where appropriate, will use
488

•S 1513 RS

1 funds under this part to support preschool pro2 grams for children, particularly children partici3 pating in a Head Start or Even Start program,

4 which services may be provided directly by the

5 local educational agency or through a sub6 contract with the local Head Start agency des7 ignated by the Secretary of Health and Human

8 Services under section 641 of the Head Start

9 Act, or another comparable public early child10 hood development program; and

11 ‘‘(H) a description of how the local edu12 cational agency, as part of a comprehensive

13 school reform effort, will, where appropriate and

14 feasible as determined by such agency, use funds

15 provided under this part to reduce class size to

16 15 students.

17 ‘‘(2) FILING AND APPROVAL.—Notwithstanding

18 paragraph (1), each local educational agency plan

19 shall be filed according to a schedule established by

20 the State educational agency, except that a local edu21 cational agency shall have not more than 2 years

22 from the date of enactment of the Improving Ameri23 ca’s Schools Act of 1994 to have such plan approved

24 by the State educational agency.
489

•S 1513 RS

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

2 plan shall provide assurances that the local educational

3 agency will—

4 ‘‘(1) work in consultation with schools as the

5 schools develop their plans pursuant to section 1114

6 or 1118 and assist schools as schools implement those

7 plans so that each school can make adequate yearly

8 progress toward meeting the State content standards

9 and State student performance standards;

10 ‘‘(2)(A) inform eligible schools and parents of

11 schoolwide project authority; and

12 ‘‘(B) provide technical assistance and support to

13 schoolwide programs;

14 ‘‘(3) fulfill its school improvement responsibil15 ities under section 1118;

16 ‘‘(4) provide services to eligible children attend17 ing private elementary and secondary schools in ac18 cordance with section 1117, and timely and meaning19 ful consultation with private school officials regarding

20 such services;

21 ‘‘(5) consistent with the provisions of section

22 10306, coordinate and integrate services provided

23 under this part with other educational services, in24 cluding—
490

•S 1513 RS

1 ‘‘(A) Even Start, Head Start, and other

2 preschool programs, and school-to-work transi3 tion programs; and

4 ‘‘(B) services for children with limited-Eng5 lish proficiency or with disabilities, migratory

6 children served under part D, neglected or delin7 quent children served under part E, homeless

8 children, and immigrant children, in order to

9 increase program effectiveness, eliminate dupli10 cation, and reduce fragmentation of the chil11 dren’s instructional program;

12 ‘‘(6) coordinate and collaborate, to the extent fea13 sible and necessary as determined by the local edu14 cational agency, with school-based pupil services per15 sonnel where appropriate, and with other agencies

16 providing services to children, youth, and families,

17 including health and social services;

18 ‘‘(7) where appropriate and feasible as deter19 mined by the local educational agency, establish a

20 procedure to ensure that all children in participating

21 elementary schools receive two health screenings dur22 ing the elementary school years at appropriate inter23 vals based on reasonable pediatric standards; and

24 ‘‘(8) in the case that a State chooses to utilize

25 funds under this part to provide early childhood de-
491

•S 1513 RS

1 velopment services to low-income children below the

2 age of compulsory school attendance, ensure that such

3 services comply with the performance standards estab4 lished under section 641A(a) of the Head Start Act or

5 under section 651 of such Act, as such section 651

6 was in effect on the day preceding the date of enact7 ment of the Human Services Amendments of 1994.

8 ‘‘(d) PLAN DEVELOPMENT AND DURATION.—Each

9 local educational agency plan shall—

10 ‘‘(1) be developed in consultation with teachers,

11 pupil services personnel and parents of children in

12 schools served under this part;

13 ‘‘(2) remain in effect for the duration of the local

14 educational agency’s participation under this part;

15 and

16 ‘‘(3) be periodically reviewed and revised, as nec17 essary, to reflect changes in the local educational

18 agency’s strategies and programs.

19 ‘‘(e) STATE APPROVAL.—The State educational agency

20 shall approve a local educational agency’s plan only if the

21 State educational agency determines that the local edu22 cational agency’s plan will enable schools served under this

23 part to substantially help all children served under this

24 part meet the standards described in section 1111(b)(1).
492

•S 1513 RS

1 ‘‘(f) PROGRAM RESPONSIBILITY.—The local edu2 cational agency plan shall reflect the shared responsibility

3 of the local educational agency and schools in making deci4 sions required under sections 1114 and 1115.

5 ‘‘SEC. 1113. ELIGIBLE SCHOOL ATTENDANCE AREAS.

6 ‘‘(a) IN GENERAL.—

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

8 shall use funds received under this part only in eligi9 ble school attendance areas.

10 ‘‘(2) ELIGIBLE SCHOOL ATTENDANCE AREAS.—

11 For the purposes of this part—

12 ‘‘(A) the term ‘school attendance area’

13 means, in relation to a particular school, the

14 geographical area in which the children who are

15 normally served by that school reside; and

16 ‘‘(B) the term ‘eligible school attendance

17 area’ means a school attendance area in which

18 the percentage of children from low-income fami19 lies is equal to or greater than the percentage of

20 children—

21 ‘‘(i) from low-income families served

22 by the local educational agency as a whole;

23 or

24 ‘‘(ii) served by the local educational

25 agency as a whole who are eligible to par-
493

•S 1513 RS

1 ticipate in a schoolwide program under sec2 tion 1114.

3 ‘‘(3) SERVING SCHOOLS IN RANK ORDER.—Each

4 local educational agency receiving assistance under

5 this part shall—

6 ‘‘(A) first serve in rank order schools in

7 which the concentration of children from low-in8 come families is 75 percent or greater;

9 ‘‘(B) then serve in rank order schools in

10 which such concentration is at least 50 percent

11 and less than 75 percent with rank order deter12 mined at the discretion of the local education

13 agency according to grade span or school; and

14 ‘‘(C) finally serve in rank order schools in

15 which such concentration is below 50 percent

16 with rank order determined according to grade

17 span or by school.

18 ‘‘(4) MEASURES.—The local educational agency

19 shall use the same measure of low-income, which such

20 agency shall choose on the basis of the best available

21 verifiable data and which may be a composite of sev22 eral indicators, with respect to all school attendance

23 areas in the local educational agency to—

24 ‘‘(A) identify eligible school attendance

25 areas;
494

•S 1513 RS

1 ‘‘(B) determine the ranking of each such

2 area; and

3 ‘‘(C) determine allocations under subsection

4 (c).

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

6 Notwithstanding subsection (a)(1), a local educational

7 agency may use funds received under this part in a school

8 that is not in an eligible school attendance area, if the per9 centage of children from low-income families enrolled in the

10 school is equal to or greater than the percentage of such

11 children in a participating school attendance area of such

12 agency.

13 ‘‘(c) ALLOCATIONS.—

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

15 shall allocate funds received under this part to eligible

16 school attendance areas or eligible schools—

17 ‘‘(A) identified under subsection (a)(3)(A),

18 in rank order, on the basis of the total number

19 of children from low-income families in each

20 such area or school; and

21 ‘‘(B) identified under subparagraphs (B)

22 and (C) of subsection (a)(3) or under subsection

23 (b), in rank order, on the basis of the total num24 ber of children from low-income families in

25 grade levels served in each such area or school.
495

•S 1513 RS

1 ‘‘(2) SPECIAL RULE.—(A) Except as provided in

2 subparagraph (B), the per pupil amount of funds al3 located to each school attendance area or school under

4 paragraph (1) shall be at least 65 percent of the per

5 pupil amount of funds a local educational agency re6 ceived for that year under the poverty criterion de7 scribed by the local educational agency in the plan

8 submitted under section 1112, except that this para9 graph shall not apply to a local educational agency

10 that only serves schools in which the percentage of

11 such children is 50 percent or greater.

12 ‘‘(B) A local educational agency may reduce the

13 amount of funds allocated under subparagraph (A)

14 for a school attendance area or school by the amount

15 of any supplemental State and local funds expended

16 in that school attendance area or school for programs

17 that meet the requirements of section 1114 or 1115.

18 ‘‘(3) RESERVATION.—A local educational agency

19 shall reserve such funds as are necessary under this

20 part to provide services comparable to those provided

21 to children in schools funded under this part to

22 serve—

23 ‘‘(A) eligible homeless children who do not

24 attend participating schools, including providing
496

•S 1513 RS

1 educationally related support services to children

2 in shelters, where appropriate; and

3 ‘‘(B) children living in local institutions for

4 neglected or delinquent children.

5 ‘‘(d) INAPPLICABILITY.—Subsections (a) and (c) shall

6 not apply—

7 ‘‘(1) to a local educational agency with a total

8 enrollment of less than 1,000 children, except that

9 such agency shall serve schools in rank order accord10 ing to grade span or school; or

11 ‘‘(2) to schools participating in desegregation

12 programs where the number of economically dis13 advantaged children is equal to or greater than 100

14 or equal to or greater than 25 percent of such school’s

15 total student enrollment.

16 ‘‘SEC. 1114. SCHOOLWIDE PROGRAMS.

17 ‘‘(a) USE OF FUNDS FOR SCHOOLWIDE PROGRAMS.—

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

19 may use funds under this part, in combination with

20 other Federal, State, and local funds, in order to up21 grade the entire educational program in a school de22 scribed in subparagraph (A) or (B) if, for the initial

23 year of the schoolwide program, the school meets ei24 ther of the following criteria:
497

•S 1513 RS

1 ‘‘(A) The school serves an eligible school at2 tendance area in which at least 30 percent of the

3 children—

4 ‘‘(i) are from low-income families; and

5 ‘‘(ii) are eligible for a free or reduced

6 price lunch or show evidence of poverty by

7 other criteria, such as eligibility under the

8 aid to families with dependent children pro9 gram under part A of title IV of the Social

10 Security Act.

11 ‘‘(B) At least 30 percent of the children en12 rolled in the school are from families meeting the

13 requirements of clauses (i) and (ii) of subpara14 graph (A).

15 ‘‘(2) IDENTIFICATION.—(A) No school participat16 ing in a schoolwide program shall be required to

17 identify particular children as eligible to participate

18 in a schoolwide program or to provide supplemental

19 services to such children.

20 ‘‘(B) A school participating in a schoolwide pro21 gram shall use funds available to carry out this sec22 tion only to supplement the amount of funds that

23 would, in the absence of funds under this part, be

24 made available from non-Federal sources for the

25 school, including funds needed to provide services that
498

•S 1513 RS

1 are required by law for children with disabilities and

2 children with limited-English proficiency.

3 ‘‘(3) SPECIAL RULE.—(A) Notwithstanding any

4 other provision of law, a school participating in a

5 schoolwide program may use funds received under

6 any noncompetitive, formula-grant program adminis7 tered by the Secretary, or any discretionary program

8 contained on a list, updated as necessary, issued by

9 the Secretary (other than any such program under the

10 Individuals with Disabilities Education Act) to sup11 port a schoolwide program if the underlying intent

12 and purposes of such program are met.

13 ‘‘(B) A school that uses funds from the programs

14 described in subparagraph (A) in accordance with

15 such subparagraph shall not be relieved of the require16 ments relating to health, safety, civil rights, mainte17 nance of effort, comparability of services, services for

18 the participation of children enrolled in private

19 schools, parental involvement, or the distribution of

20 funds to State or local educational agencies that

21 apply to the receipt of funds under such programs.

22 ‘‘(4) RESERVATION.—Each school receiving funds

23 under this title for any fiscal year shall use not less

24 than 10 percent of such funds to carry out the activi-
499

•S 1513 RS

1 ties described in subsection (b)(1)(D) for such fiscal

2 year, except that—

3 ‘‘(A) a school may enter into a consortium

4 with another school to carry out such activities;

5 and

6 ‘‘(B) this paragraph shall not apply to a

7 school if 10 percent of the funds such school re8 ceives under this title for such year is less than

9 $5,000.

10 ‘‘(b) COMPONENTS OF A SCHOOLWIDE PROGRAM.—

11 ‘‘(1) IN GENERAL.—A schoolwide program shall

12 include the following components:

13 ‘‘(A) A comprehensive needs assessment of

14 the entire school that is based on information on

15 the performance of children in relation to the

16 State content standards and the State student

17 performance standards described in section

18 1111(b)(1).

19 ‘‘(B) Schoolwide reform strategies that—

20 ‘‘(i) provide opportunities for all chil21 dren to meet the State’s proficient and ad22 vanced levels of performance described in

23 section 1111(b)(1)(A);

24 ‘‘(ii) are based on effective means of

25 improving the achievement of children;
500

•S 1513 RS

1 ‘‘(iii) use effective instructional strate2 gies that—

3 ‘‘(I) increase the amount and

4 quality of learning time; and

5 ‘‘(II) help provide an enriched

6 and accelerated curriculum;

7 ‘‘(iv)(I) address the needs of all chil8 dren in the school, but particularly the

9 needs of economically disadvantaged chil10 dren, low-achieving children, children with

11 limited-English proficiency, children with

12 disabilities, children from migratory fami13 lies, and children who are members of the

14 target population of any program that is

15 included in the schoolwide program, which

16 may include—

17 ‘‘(aa) counseling, pupil services,

18 and mentoring services;

19 ‘‘(bb) college and career awareness

20 and preparation, such as college and

21 career guidance, enhancement of em22 ployability skills, and job placement

23 services;

24 ‘‘(cc) services to prepare students

25 for the transition from school to work;
501

•S 1513 RS

1 ‘‘(dd) services to assist preschool

2 children in the transition from early

3 childhood programs to elementary

4 school programs;

5 ‘‘(ee) incorporation of gender-eq6 uitable methods and practices; and

7 ‘‘(ff) after school and summer pro8 grams; and

9 ‘‘(II) address how the school will deter10 mine if such needs have been met; and

11 ‘‘(v) are consistent with, and are de12 signed to implement, the State and local

13 improvement plans, if any, approved under

14 title III of the Goals 2000: Educate America

15 Act.

16 ‘‘(C)(i) Instruction by highly qualified pro17 fessional staff.

18 ‘‘(ii) If a school uses funds received under

19 this part to employ instructional aides, the

20 school shall ensure that such aides—

21 ‘‘(I) possess the knowledge and skills

22 sufficient to assist participating children in

23 meeting the educational goals of this part;

24 ‘‘(II) have a secondary school diploma

25 or its recognized equivalent, or earn such
502

•S 1513 RS

1 diploma or equivalent within 2 years of

2 such employment, except that a school may

3 employ an instructional aide that does not

4 meet the requirement of this subclause if

5 such aide possesses proficiency in a lan6 guage other than English that is needed to

7 enhance the participation of children in

8 programs under this part; and

9 ‘‘(III) are under the direct supervision

10 of a teacher who has primary responsibility

11 for providing instructional services to eligi12 ble children.

13 ‘‘(D) In accordance with subsection (a)(4),

14 ongoing professional development for teachers,

15 pupil services personnel, parents, principals, and

16 other staff to enable all children in the school to

17 meet the State’s student performance standards.

18 ‘‘(E) Parental involvement in accordance

19 with section 1116.

20 ‘‘(F) Development and use of teacher se21 lected assessments as described in section

22 1112(b)(1)(A)(ii) for providing information on

23 and improving the performance of individual

24 students and the overall instructional program.
503

•S 1513 RS

1 ‘‘(G) Measures to ensure that students who

2 experience difficulty mastering any of the stand3 ards required by section 1111(b) during the

4 course of the school year shall be provided with

5 effective, timely additional assistance, which

6 shall include—

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

8 difficulties are identified on a timely basis

9 and to provide sufficient information on

10 which to base effective assistance;

11 ‘‘(ii) to the extent the school determines

12 feasible using funds under this part, peri13 odic training for teachers in how to identify

14 such difficulties and to provide assistance to

15 individual students; and

16 ‘‘(iii) for any student who has not met

17 such standards, teacher-parent conferences,

18 at which time the teacher and parents shall

19 discuss—

20 ‘‘(I) what the school will do to

21 help the student meet such standards;

22 ‘‘(II) what the parents can do to

23 help the student improve the student’s

24 performance; and
504

•S 1513 RS

1 ‘‘(III) additional assistance which

2 may be available to the student at the

3 school or elsewhere in the community.

4 ‘‘(2) PLAN.—(A) Any eligible school that desires

5 to operate a schoolwide program shall first develop (or

6 amend a plan for such a program that was in exist7 ence before the date of enactment of the Improving

8 America’s Schools Act of 1994), in consultation with

9 the local educational agency, a comprehensive plan

10 for reforming the total instructional program in the

11 school that—

12 ‘‘(i) incorporates the components described

13 in paragraph (1);

14 ‘‘(ii) describes how the school will use re15 sources under this part and from other sources to

16 implement those components;

17 ‘‘(iii) includes a list of State and local edu18 cational agency programs and other Federal pro19 grams under paragraph (a)(3) that will be in20 cluded in the schoolwide program;

21 ‘‘(iv) describes how the school will provide

22 valid and reliable individual student assessment

23 results, including an interpretation of those re24 sults, to the parents of any child who partici-
505

•S 1513 RS

1 pates in the assessment required by section

2 1111(b)(3); and

3 ‘‘(v) provides for statistically reliable data

4 on the achievement and assessment results of eco5 nomically disadvantaged children disaggregated

6 by gender, major ethnic or racial groups, chil7 dren with disabilities, and, where appropriate,

8 limited-English proficient children.

9 ‘‘(B) Plans developed before a State has adopted

10 standards and a set of assessments that meet the cri11 teria described in paragraphs (1) and (3) of section

12 1111(b) shall be based on an analysis of available

13 data on the achievement of students in the school and

14 effective instructional and school improvement prac15 tices.

16 ‘‘(C) The comprehensive plan shall be—

17 ‘‘(i) developed over a one-year period, un18 less—

19 ‘‘(I) the local educational agency deter20 mines that less time is needed to develop

21 and implement the schoolwide program; or

22 ‘‘(II) the school is operating a

23 schoolwide program on the day preceding

24 the date of enactment of the Improving

25 America’s Schools Act of 1994, in which
506

•S 1513 RS

1 case such school may continue to operate

2 that program, but shall develop a new plan

3 during the first year of assistance under

4 such Act to reflect the provisions of this sec5 tion;

6 ‘‘(ii) developed by a school-site council com7 posed of those individuals who will implement

8 the plan, including teachers, pupil services per9 sonnel, parents, principals, and other staff;

10 ‘‘(iii) in effect for the duration of the

11 school’s participation under this part and re12 viewed and revised, as necessary, by the school;

13 and

14 ‘‘(iv) available to the local educational

15 agency, parents, and the public, and the infor16 mation contained in such plan shall be trans17 lated, to the extent feasible, into any language

18 that a significant percentage of the parents of

19 participating children in the school speak as

20 their primary language.

21 ‘‘SEC. 1115. TARGETED ASSISTANCE SCHOOLS.

22 ‘‘(a) IN GENERAL.—In all schools selected to receive

23 funds under section 1113(c) that are ineligible for a

24 schoolwide program under section 1114, or that choose not

25 to operate such a schoolwide program, a local educational
507

•S 1513 RS

1 agency may use funds received under this part only for pro2 grams that provide services to economically disadvantaged

3 children identified by teachers, in consultation with par4 ents, administrators, and pupil services personnel, as hav5 ing the greatest academic need for special assistance.

6 ‘‘(b) ELIGIBLE CHILDREN.—

7 ‘‘(1) ELIGIBLE POPULATION.—A child shall be el8 igible for services under this part if—

9 ‘‘(A) except as provided in subparagraphs

10 (B), (C), and (D), the school serving such child

11 determines that such child is economically dis12 advantaged, and such child—

13 ‘‘(i)(I) is not older than age 21 and is

14 entitled to a free public education through

15 grade 12; and

16 ‘‘(II) is not yet at a grade level where

17 the local educational agency provides a free

18 public education, yet is of an age at which

19 such child can benefit from an organized in20 structional program provided in a school or

21 other educational setting; or

22 ‘‘(ii) is a child with a disability, a

23 limited-English proficient child, or a mi24 grant child;
508

•S 1513 RS

1 ‘‘(B) the child, at any time in the two years

2 preceding the year for which the determination

3 is made, received services under the program for

4 neglected and delinquent children under part E

5 (or its predecessor authority);

6 ‘‘(C) the child is homeless and attending

7 any school in the local educational agency; and

8 ‘‘(D) the child, at any time in the two years

9 preceding the year for which the determination

10 is made, participated in a Head Start or Even

11 Start program.

12 ‘‘(2) SPECIAL RULE.—Funds received under this

13 part may not be used to provide services that are oth14 erwise required by law to be made available to chil15 dren described in subparagraphs (B), (C), and (D) of

16 paragraph (1) but may be used to coordinate or sup17 plement such services.

18 ‘‘(c) COMPONENTS OF A TARGETED ASSISTANCE

19 SCHOOL PROGRAM.—

20 ‘‘(1) IN GENERAL.—To assist targeted assistance

21 schools and local educational agencies to meet their

22 responsibility to provide for all their students served

23 under this part the opportunity to meet the State’s

24 student performance standards in subjects as deter-
509

•S 1513 RS

1 mined by the State, each targeted assistance program

2 under this section shall—

3 ‘‘(A) use such program’s resources under

4 this part to help participating children meet

5 such State student performance standards ex6 pected for all children;

7 ‘‘(B) be based on effective means for improv8 ing achievement of children;

9 ‘‘(C) ensure that planning for students

10 served under this part is incorporated into exist11 ing school planning;

12 ‘‘(D) use effective instructional strategies

13 that—

14 ‘‘(i) increase the amount and quality

15 of learning time;

16 ‘‘(ii) help provide an accelerated, high17 quality curriculum; and

18 ‘‘(iii) minimize isolating eligible chil19 dren from other children in the school dur20 ing regular school hours;

21 ‘‘(E) coordinate with and support the regu22 lar education program, which may include—

23 ‘‘(i) counseling, mentoring and other

24 pupil services;
510

•S 1513 RS

1 ‘‘(ii) college and career awareness and

2 preparation, such as college and career

3 guidance, enhancement of employability

4 skills, and job placement services;

5 ‘‘(iii) services to prepare students for

6 the transition from school to work; and

7 ‘‘(iv) services to assist preschool chil8 dren in the transition from early childhood

9 programs to elementary school programs;

10 ‘‘(F) provide instruction by highly qualified

11 staff;

12 ‘‘(G) if such program employs instructional

13 aides, ensure that such aides—

14 ‘‘(i) possess the knowledge and skills

15 sufficient to assist participating children in

16 meeting the purposes of this title;

17 ‘‘(ii) have a secondary school diploma

18 or its recognized equivalent, or earn such

19 diploma or equivalent within 2 years of

20 such employment, except that an instruc21 tional aide that does not meet the require22 ment of this clause may be employed if such

23 aide possesses proficiency in a language

24 other than English that is needed to en-
511

•S 1513 RS

1 hance the participation of children in pro2 grams under this part; and

3 ‘‘(iii) are under the direct supervision

4 of a teacher who has primary responsibility

5 for providing instructional services to eligi6 ble children;

7 ‘‘(H) in accordance with subsection (d)(2),

8 provide opportunities for ongoing professional

9 development to the extent the school determines

10 feasible with resources provided under this part

11 and from other sources for administrators and

12 for teachers and other school staff who work with

13 participating children in programs under this

14 section or in the regular education program; and

15 ‘‘(I) provide opportunities for parental in16 volvement in accordance with section 1116.

17 ‘‘(2) REQUIREMENTS.—Each school conducting a

18 program under this section shall assist participating

19 children selected in accordance with subsection (b) to

20 meet the State’s proficient and advanced levels of per21 formance by—

22 ‘‘(A) the coordination of resources provided

23 under this part with other resources to enable the

24 children served to meet the State content stand-
512

•S 1513 RS

1 ards and State student performance standards;

2 and

3 ‘‘(B) providing individual student assess4 ment results, including an interpretation of those

5 results, to the parents of any child who partici6 pates in the assessment required by section

7 1111(b)(3).

8 ‘‘(d) SPECIAL RULES.—

9 ‘‘(1) COMPREHENSIVE SERVICES.—If health, nu10 trition, and other social services are not otherwise

11 available to eligible children in a targeted assistance

12 school and such school, if appropriate, has engaged in

13 a comprehensive needs assessment and established a

14 collaborative partnership with local service providers,

15 and if funds are not reasonably available from other

16 public or private sources to provide services under

17 this part, then funds provided under this part may

18 be used as a last resort to provide such services, in19 cluding—

20 ‘‘(A) the provision of basic medical equip21 ment, such as eyeglasses and hearing aids;

22 ‘‘(B) compensation of a coordinator; and

23 ‘‘(C) professional development for teachers,

24 pupil services personnel, other staff, and parents
513

•S 1513 RS

1 in identifying and meeting the comprehensive

2 needs of eligible children.

3 ‘‘(2) RESERVATION.—Each school receiving funds

4 under this title for any fiscal year shall use not less

5 than 10 percent of such funds to carry out the activi6 ties described in subsection (c)(1)(G) for such fiscal

7 year, except that—

8 ‘‘(A) a school may enter into a consortium

9 with another school to carry out such activities;

10 and

11 ‘‘(B) this paragraph shall not apply to a

12 school if 10 percent of the funds such school re13 ceives under this title for such year is less than

14 $5,000.

15 ‘‘(e) ASSIGNMENT OF PERSONNEL.—To promote the

16 integration of staff supported with funds under this part

17 and children served under this part into the regular school

18 program and overall school planning and improvement ef19 forts, public school personnel who are paid with funds re20 ceived under this part may—

21 ‘‘(1) assume limited duties that are assigned to

22 similar personnel who are not so paid, including du23 ties beyond classroom instruction or that do not bene24 fit participating children so long as the amount of

25 time spent on such duties is the same proportion of
514

•S 1513 RS

1 total work time as prevails with respect to similar

2 personnel at the same school;

3 ‘‘(2) participate in general professional develop4 ment and school planning activities; and

5 ‘‘(3) collaboratively teach with regular classroom

6 teachers, so long as their efforts directly benefit par7 ticipating children.

8 ‘‘(f) SPECIAL RULE.—Nothing in this section shall be

9 construed to prohibit a school from serving students served

10 under this section simultaneously with students with simi11 lar educational needs, in the same educational settings

12 where appropriate.

13 ‘‘SEC. 1116. PARENTAL INVOLVEMENT.

14 ‘‘(a) LOCAL EDUCATIONAL AGENCY POLICY.—

15 ‘‘(1) IN GENERAL.—Each local educational agen16 cy that receives funds under this part shall develop

17 jointly with, agree upon with, and distribute to, par18 ents of participating children a written parent in19 volvement policy that is incorporated into the local

20 educational agency’s plan developed under section

21 1112, establishes the expectations for parent involve22 ment, and describes how the local educational agency

23 will—

24 ‘‘(A) involve parents in the joint develop25 ment and approval of the plan described under
515

•S 1513 RS

1 section 1112, and the process of school review

2 and improvement described under section 1118;

3 ‘‘(B) provide the coordination, technical as4 sistance, and other support necessary to assist

5 participating schools in planning and imple6 menting effective parent involvement;

7 ‘‘(C) build the schools’ and parents’ capac8 ity for strong parent involvement as described in

9 subsection (e);

10 ‘‘(D) coordinate and integrate parent in11 volvement strategies described in this part with

12 those under other programs; and

13 ‘‘(E) ensure that participating schools—

14 ‘‘(i) review the effectiveness of their

15 parent involvement activities on an ongoing

16 basis;

17 ‘‘(ii) identify and take steps to remove

18 any barriers to greater parental involve19 ment, including barriers resulting in lower

20 rates of participation in the parent involve21 ment activities by parents who are economi22 cally disadvantaged, are disabled, have lim23 ited literacy, have limited-English pro24 ficiency, or are from any racial or ethnic

25 minority background; and
516

•S 1513 RS

1 ‘‘(iii) use the findings of such reviews

2 in—

3 ‘‘(I) designing strategies for school

4 improvement; and

5 ‘‘(II) revising, if necessary, the

6 parent involvement policies described

7 in this subsection and subsection

8 (b)(1).

9 ‘‘(2) AMENDMENT.—If the local educational

10 agency has a school district-level parental involve11 ment policy that applies to all parents, such agency

12 may amend that policy, if necessary, to meet the re13 quirements of this subsection.

14 ‘‘(b) SCHOOL PARENTAL INVOLVEMENT POLICY.—

15 ‘‘(1) IN GENERAL.—Each school served under

16 this part shall jointly develop with, and distribute to,

17 parents of participating children a written parent in18 volvement policy, agreed upon by such parents, that

19 shall describe the means for carrying out the require20 ments of subsections (c) through (f). Such policy shall

21 be updated periodically to meet the changing needs of

22 parents and the school.

23 ‘‘(2) SPECIAL RULE.—If the school has a paren24 tal involvement policy that applies to all parents,
517

•S 1513 RS

1 such school may amend that policy, if necessary, to

2 meet the requirements of this subsection.

3 ‘‘(c) POLICY INVOLVEMENT.—Each school served under

4 this part shall—

5 ‘‘(1) convene an annual meeting, at a convenient

6 time, to which all parents of participating children

7 shall be invited and encouraged to attend, to inform

8 parents of their school’s participation under this part

9 and to explain this part, its requirements, and their

10 right to be involved;

11 ‘‘(2) offer a flexible number of meetings, such as

12 meetings in the morning or evening, and may pro13 vide, with funds provided under this part, transpor14 tation, child care, or home visits, as such services re15 late to parental involvement;

16 ‘‘(3) involve parents, in an organized, ongoing,

17 and timely way, in the planning, review, and im18 provement of programs under this part, including the

19 school parental involvement policy and the joint de20 velopment and approval of the schoolwide program

21 plan under section 1114(b), except that if a school has

22 in place a process for involving parents in the joint

23 planning, design, and approval of its programs, the

24 school may use that process, provided that such proc-
518

•S 1513 RS

1 ess includes an adequate representation of parents of

2 participating children; and

3 ‘‘(4) provide parents of participating children—

4 ‘‘(A) timely information about programs

5 under this part;

6 ‘‘(B) school performance profiles required

7 under section 1118(a)(3);

8 ‘‘(C) a description and explanation of the

9 curriculum in use at the school, the forms of as10 sessment used to measure student progress, and

11 the proficiency levels students are expected to

12 meet;

13 ‘‘(D) opportunities for regular meetings to

14 formulate suggestions, share experiences with

15 other parents, and participate as appropriate in

16 decisions relating to the education of their chil17 dren if such parents so desire; and

18 ‘‘(E) timely responses to the suggestions de19 scribed in subparagraph (E).

20 ‘‘(d) SHARED RESPONSIBILITIES FOR HIGH STUDENT

21 PERFORMANCE.—As a component of the school-level paren22 tal involvement policy developed under subsection (b), each

23 school served under this part shall jointly develop with par24 ents for all children served under this part a school-parent

25 compact that outlines how parents, the entire school staff,
519

•S 1513 RS

1 and students will share the responsibility for improved stu2 dent achievement and the means by which the school and

3 parents will build and develop a partnership to help chil4 dren achieve the State’s high standards. Such compact

5 shall—

6 ‘‘(1) describe the school’s responsibility to pro7 vide high-quality curriculum and instruction in a

8 supportive and effective learning environment that

9 enables the children served under this part to meet the

10 State’s student performance standards, and the ways

11 in which each parent will be responsible for support12 ing their children’s learning, such as monitoring at13 tendance, homework completion, television watching,

14 volunteering in their child’s classroom, and partici15 pating as appropriate in decisions relating to the

16 education of their children, and positive use of extra17 curricular time; and

18 ‘‘(2) address the importance of communication

19 between teachers and parents on an ongoing basis

20 through, at a minimum—

21 ‘‘(A) parent-teacher conferences in elemen22 tary schools, at least annually, during which the

23 compact shall be discussed as the compact relates

24 to the individual child’s achievement;
520

•S 1513 RS

1 ‘‘(B) frequent reports to parents on their

2 children’s progress; and

3 ‘‘(C) reasonable access to staff, opportunities

4 to volunteer and participate in their child’s

5 class, and observation of classroom activities.

6 ‘‘(e) BUILDING CAPACITY FOR INVOLVEMENT.—To en7 sure effective involvement of parents and to support a part8 nership among the school, parents, and the community to

9 improve student achievement, each school and local edu10 cational agency shall—

11 ‘‘(1) provide assistance to participating parents

12 in such areas as understanding the National Edu13 cation Goals, the State’s content standards and State

14 student performance standards, State and local as15 sessments, the requirements of this part, and how to

16 monitor their children’s progress and work with edu17 cators to improve the performance of their children as

18 well as information on how parents can participate

19 in decisions relating to the education of their chil20 dren;

21 ‘‘(2) provide materials and training, such as

22 necessary literacy training that is not otherwise

23 available from other sources to help parents work with

24 their children to improve their children’s achievement;
521

•S 1513 RS

1 ‘‘(3) educate teachers, pupil services personnel,

2 principals and other staff, with the assistance of par3 ents, in the value and utility of contributions of par4 ents, and in how to reach out to, communicate with,

5 and work with parents as equal partners, implement

6 and coordinate parent programs, and build ties be7 tween home and school;

8 ‘‘(4) coordinate and integrate parent involve9 ment programs and activities with Head Start, Even

10 Start, and public preschool programs, to the extent

11 feasible;

12 ‘‘(5) other activities, as appropriate and feasible,

13 such as parent resource centers, designed to help par14 ents become full partners in the education of their

15 children; and

16 ‘‘(6) provide such other reasonable support for

17 parental involvement activities under this section as

18 parents may request.

19 ‘‘(f) PARENTAL INFORMATION AND RESOURCE CEN20 TERS.—In States where parental information and resource

21 centers have been established pursuant to section 401 of the

22 Goals 2000: Educate America Act of 1994 (to providing

23 training, information, and support to parents and individ24 uals who work with parents) local educational agencies and

25 schools receiving assistance under this part shall assist par-
522

•S 1513 RS

1 ents and parent organizations by informing such parents

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

7 ‘‘(g) ACCESSIBILITY.—In carrying out the parental in8 volvement requirements of this part, local educational agen9 cies and schools, to the extent practicable, shall provide full

10 opportunities for the participation of parents with limited11 English proficiency or with disabilities, including provid12 ing information and school profiles in a language and form

13 such parents understand.

14 ‘‘SEC. 1117. PARTICIPATION OF CHILDREN ENROLLED IN

15 PRIVATE SCHOOLS.

16 ‘‘(a) GENERAL REQUIREMENT.—

17 ‘‘(1) IN GENERAL.—To the extent consistent with

18 the number of eligible children identified according to

19 section 1115(b) in a local educational agency who are

20 enrolled in private elementary and secondary schools,

21 a local educational agency shall, after timely and

22 meaningful consultation with appropriate private

23 school officials, provide such children, on an equitable

24 basis, special educational services or other benefits

25 under this part.
523

•S 1513 RS

1 ‘‘(2) SECULAR, NEUTRAL, NONIDEOLOGICAL.—

2 Such educational services or other benefits, including

3 materials and equipment, must be secular, neutral,

4 and nonideological.

5 ‘‘(3) EQUITY.—Educational services and other

6 benefits for such private school children shall be equi7 table in comparison to services and other benefits for

8 public school children participating under this part.

9 ‘‘(4) EXPENDITURES.—Expenditures for edu10 cational services and other benefits to eligible private

11 school children shall be equal to the proportion of

12 funds allocated to participating school attendance

13 areas based on the number of children from low-in14 come families who attend private schools.

15 ‘‘(5) PROVISION OF SERVICES.—The local edu16 cational agency may provide such services directly or

17 through contracts with public and private agencies,

18 organizations, and institutions.

19 ‘‘(b) CONSULTATION.—

20 ‘‘(1) IN GENERAL.—To ensure timely and mean21 ingful consultation, a local educational agency shall

22 consult with appropriate private school officials dur23 ing the design and development of the agency’s pro24 grams under this part, on issues such as—
524

•S 1513 RS

1 ‘‘(A) how the children’s needs will be identi2 fied;

3 ‘‘(B) what services will be offered;

4 ‘‘(C) how and where the services will be pro5 vided; and

6 ‘‘(D) how the services will be assessed.

7 ‘‘(2) TIMING.— Such consultation shall occur be8 fore the local educational agency makes any decision

9 that affects the opportunities of eligible private school

10 children to participate in programs under this part.

11 ‘‘(3) DISCUSSION.—Such consultation shall in12 clude a discussion of service delivery mechanisms a

13 local educational agency can use to provide equitable

14 services to eligible private school children.

15 ‘‘(c) PUBLIC CONTROL OF FUNDS.—

16 ‘‘(1) IN GENERAL.—The control of funds pro17 vided under this part, and title to materials, equip18 ment, and property purchased with those funds, shall

19 be in a public agency, and a public agency shall ad20 minister such funds and property.

21 ‘‘(2) PROVISION OF SERVICES.—(A) The provi22 sion of services under this section shall be provided—

23 ‘‘(i) by employees of a public agency; or
525

•S 1513 RS

1 ‘‘(ii) through contract by such public agency

2 with an individual, association, agency, or orga3 nization.

4 ‘‘(B) In the provision of such services, such em5 ployee, person, association, agency, or organization

6 shall be independent of such private school and of any

7 religious organization, and such employment or con8 tract shall be under the control and supervision of

9 such public agency.

10 ‘‘(3) VERIFIABLE DOCUMENTATION.—An official

11 of each private school assisted under this part shall

12 provide to the local educational agency the verifiable

13 documentation necessary to determine the propor14 tionate allocation amount under subsection (a)(4) on

15 which the provision of equitable services under this

16 section will be based.

17 ‘‘(d) STANDARDS FOR A BYPASS.—If a local edu18 cational agency is prohibited by law from providing for the

19 participation on an equitable basis of eligible children en20 rolled in private elementary and secondary schools or if the

21 Secretary determines that a local educational agency has

22 substantially failed or is unwilling to provide for such par23 ticipation, as required by this section, the Secretary shall—

24 ‘‘(1) waive the requirements of this section for

25 such local educational agency; and
526

•S 1513 RS

1 ‘‘(2) arrange for the provision of services to such

2 children through arrangements that shall be subject to

3 the requirements of this section and sections 10505

4 and 10506.

5 ‘‘(e) CAPITAL EXPENSES.—

6 ‘‘(1) IN GENERAL.—(A) From the amount appro7 priated for this subsection under section 1002(e) for

8 any fiscal year, each State is eligible to receive an

9 amount that bears the same ratio to the amount so

10 appropriated as the number of private school children

11 who received services under this part in the State in

12 the most recent year for which data satisfactory to the

13 Secretary are available bears to the number of such

14 children in all States in that same year.

15 ‘‘(B) The Secretary shall reallocate any amounts

16 allocated under subparagraph (A) that are not used

17 by a State for the purpose of this subsection to other

18 States on the basis of their respective needs, as deter19 mined by the Secretary.

20 ‘‘(2) CAPITAL EXPENSES.—(A) A local edu21 cational agency may apply to the State educational

22 agency for payments for capital expenses consistent

23 with this subsection.

24 ‘‘(B) State educational agencies shall distribute

25 such funds under this subsection to local educational
527

•S 1513 RS

1 agencies based on the degree of need set forth in their

2 respective applications for assistance under this sub3 section.

4 ‘‘(3) USES OF FUNDS.—Any funds appropriated

5 to carry out this subsection shall be used only for cap6 ital expenses incurred to provide equitable services for

7 private school children under this section.

8 ‘‘(4) DEFINITION.—For the purpose of this sub9 section, the term ‘capital expenses’ means—

10 ‘‘(A) expenditures for noninstructional

11 goods and services, such as the purchase, lease, or

12 renovation of real and personal property, includ13 ing mobile educational units and leasing of neu14 tral sites or spaces;

15 ‘‘(B) insurance and maintenance costs;

16 ‘‘(C) transportation; and

17 ‘‘(D) other comparable goods and services.

18 ‘‘SEC. 1118. ASSESSMENT AND LOCAL EDUCATIONAL AGEN19 CY AND SCHOOL IMPROVEMENT.

20 ‘‘(a) LOCAL REVIEW.—Each local educational agency

21 receiving funds under this part shall—

22 ‘‘(1) use the State assessments described in the

23 State plan;

24 ‘‘(2) use any additional measures or indicators

25 described in the local educational agency’s plan to re-
528

•S 1513 RS

1 view annually the progress of each school served under

2 this part to determine whether the school is meeting,

3 or making adequate progress as defined in section

4 1111(b)(2)(A)(i) toward enabling its students to meet

5 the State’s student performance standards described

6 in the State plan;

7 ‘‘(3) publicize and disseminate to teachers and

8 other staff, parents, students, and the community the

9 results of the annual review under paragraph (1) of

10 all schools served under this part in individual school

11 performance profiles that include disaggregated re12 sults as required by section 1111(b)(3)(F); and

13 ‘‘(4) provide the results of the local annual re14 view to schools so that the local educational agency

15 can continually refine the program of instruction to

16 help all children served under this part in those

17 schools meet the State’s student performance stand18 ards.

19 ‘‘(b) SCHOOL IMPROVEMENT.—

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

21 agency shall identify for school improvement any

22 school served under this part that—

23 ‘‘(i) has been in program improvement

24 under section 1020 of the Elementary and Sec25 ondary Education Act of 1965 (as such section
529

•S 1513 RS

1 was in effect on the day preceding the date of en2 actment of the Improving America’s Schools Act

3 of 1994), for at least two consecutive school years

4 prior to such day;

5 ‘‘(ii) has not made adequate progress as de6 fined in the State’s plan under section

7 1111(b)(2)(A)(i) for two consecutive school years,

8 except that—

9 ‘‘(I) this subparagraph shall not apply

10 to a school if almost every student in such

11 school is meeting the State’s advanced level

12 of performance; or

13 ‘‘(II) in the case of a school that is not

14 operating a schoolwide program such school

15 may be reviewed on the progress of only

16 those students that have been, are, or will

17 be, served under this part; or

18 ‘‘(iii) has failed to meet the criteria estab19 lished by the State through the State’s transi20 tional procedure under section 1111(b)(5)(C) for

21 two consecutive years.

22 ‘‘(B) Before identifying a school for school im23 provement under paragraph (1), the local educational

24 agency shall provide the school with an opportunity

25 to review the school-level data, including assessment
530

•S 1513 RS

1 data, on which such identification is based. If the

2 school believes that such identification for school im3 provement is in error, such school may provide evi4 dence to the local educational agency to support such

5 belief.

6 ‘‘(2) REQUIREMENT.—(A) Each school identified

7 under paragraph (1) shall—

8 ‘‘(i) in consultation with parents, the local

9 educational agency, and the school support team,

10 develop or revise a school plan in ways that have

11 the greatest likelihood of improving the perform12 ance of participating children in meeting the

13 State’s student performance standards; and

14 ‘‘(ii) submit the plan to the local edu15 cational agency for approval.

16 ‘‘(B) During the first year immediately following

17 identification under paragraph (1), the school shall

18 implement such school’s plan.

19 ‘‘(3) TECHNICAL ASSISTANCE.—For each school

20 identified under paragraph (1), the local educational

21 agency shall provide technical assistance as the school

22 develops and implements such school’s plan.

23 ‘‘(4) CORRECTIVE ACTION.—(A) The local edu24 cational agency may take corrective action at any

25 time against a school that has been identified under
531

•S 1513 RS

1 paragraph (1), but, during the third year following

2 identification under paragraph (1), shall take such

3 action against any school that still fails to make ade4 quate progress.

5 ‘‘(B)(i) Corrective actions are those, consistent

6 with State and local law, determined and made pub7 lic and disseminated by the local educational agency,

8 which may include—

9 ‘‘(I) withholding funds;

10 ‘‘(II) an aggressive joint plan between the

11 local educational agency and the school that ad12 dresses specific elements of student performance

13 problems and that specifies school and local re14 sponsibilities under the plan;

15 ‘‘(III) interagency collaborative agreements

16 between the school and other public agencies to

17 provide health, counseling, and other social serv18 ices needed to remove barriers to learning;

19 ‘‘(IV) waivers or modifications of require20 ments of local educational agency policy or regu21 lation that impede the ability of the school to

22 educate students;

23 ‘‘(V) revoking authority for a school to oper24 ate a schoolwide program;
532

•S 1513 RS

1 ‘‘(VI) decreasing decisionmaking authority

2 at the school level;

3 ‘‘(VII) making alternative governance ar4 rangements such as the creation of a public char5 ter school;

6 ‘‘(VIII) reconstituting the school staff; and

7 ‘‘(IX) authorizing students to transfer, in8 cluding transportation costs, to other public

9 schools served by the local educational agency.

10 ‘‘(ii) Notwithstanding clause (i), corrective ac11 tions taken pursuant to this part shall not include the

12 actions described in subclauses (I), (V), (VI), (VIII),

13 (IX) of clause (i) until the State has developed assess14 ments that meet the requirements of paragraph (3)(E)

15 of section 1111(b).

16 ‘‘(C) Prior to implementing any corrective ac17 tion, the local educational agency may refrain from

18 such corrective action to the extent that the failure to

19 make progress can be attributed to extenuating cir20 cumstances, such as sudden and significant reductions

21 in Federal funding in a single year, as determined by

22 the Secretary.

23 ‘‘(5) STATE EDUCATIONAL AGENCY RESPONSIBIL24 ITIES.—The State educational agency shall—
533

•S 1513 RS

1 ‘‘(A) make assistance from school support

2 teams and distinguished educators under section

3 1119 available to the schools farthest from meet4 ing the State’s student performance standards, if

5 requested by the local educational agency or

6 school; and

7 ‘‘(B) if such agency determines that a local

8 educational agency failed to carry out the local

9 educational agency’s responsibilities under para10 graphs (3) and (4), take such corrective actions

11 that the State educational agency deems appro12 priate.

13 ‘‘(6) SPECIAL RULE.—Schools that for at least

14 two of the three years following identification under

15 paragraph (1) make adequate progress toward meet16 ing the State’s proficient and advanced levels of per17 formance shall no longer need to be identified for

18 school improvement.

19 ‘‘(c) STATE REVIEW AND LOCAL EDUCATIONAL AGEN20 CY IMPROVEMENT.—

21 ‘‘(1) IN GENERAL.—A State educational agency

22 shall—

23 ‘‘(A) annually review the progress of each

24 local educational agency receiving funds under

25 this part to determine whether the local edu-
534

•S 1513 RS

1 cational agency is making adequate progress as

2 defined in section 1111(b)(2)(A)(ii) toward meet3 ing the State’s student performance standards;

4 and

5 ‘‘(B) publicize and disseminate to local edu6 cational agencies, teachers and other staff, par7 ents, students, and the community the results of

8 the State review, including disaggregated results,

9 as required by section 1111(b)(3)(F).

10 ‘‘(2) REWARDS.—In the case of a local edu11 cational agency that for three consecutive years has

12 exceeded the State’s definition of adequate progress as

13 defined in section 1111(b)(2)(A)(ii), the State may

14 make institutional and individual rewards of the

15 kinds described for individual schools in paragraphs

16 (2) and (3) of section 1119(b).

17 ‘‘(3) IDENTIFICATION.—(A) A State educational

18 agency shall identify for improvement any local edu19 cational agency that—

20 ‘‘(i) for two consecutive years, is not mak21 ing adequate progress as defined in section

22 1111(b)(2)(A)(ii) in schools served under this

23 part toward meeting the State’s student perform24 ance standards, except that schools served by the

25 local educational agency that are not operating
535

•S 1513 RS

1 schoolwide programs may be reviewed on the

2 basis of the progress of only those students served

3 under this part; or

4 ‘‘(ii) has failed to meet the criteria estab5 lished by the State through its transitional pro6 cedure under section 1111(b)(5)(C) for two con7 secutive years.

8 ‘‘(B) Before identifying a local educational agen9 cy for improvement under paragraph (1), the State

10 educational agency shall provide the local educational

11 agency with an opportunity to review the school-level

12 data, including assessment data, on which such iden13 tification is based. If the local educational agency be14 lieves that such identification for improvement is in

15 error, such local educational agency may provide evi16 dence to the State educational agency to support such

17 belief.

18 ‘‘(4) LOCAL EDUCATIONAL AGENCY REVISIONS.—

19 Each local educational agency identified under para20 graph (3) shall, in consultation with schools, parents,

21 and educational experts, revise its local educational

22 agency plan under section 1112 in ways that have the

23 greatest likelihood of improving the performance of

24 schools served by the local educational agency in

25 meeting the State’s student performance standards.
536

•S 1513 RS

1 ‘‘(5) STATE EDUCATIONAL AGENCY RESPONSIBIL2 ITIES.—For each local educational agency identified

3 under paragraph (3), the State educational agency

4 shall—

5 ‘‘(A) provide technical assistance to better

6 enable the local educational agency to develop

7 and implement the local educational agency’s re8 vised plan and work with schools needing im9 provement; and

10 ‘‘(B) make available to the local educational

11 agencies farthest from meeting the State’s stand12 ards, if requested, assistance from school support

13 teams and distinguished educators under section

14 1119.

15 ‘‘(6) CORRECTIVE ACTION.—(A) The State edu16 cational agency may take corrective action at any

17 time against a local educational agency that has been

18 identified under paragraph (3), but, during the fourth

19 year following identification under paragraph (3),

20 shall take such action against any local educational

21 agency that still fails to make adequate progress.

22 ‘‘(B)(i) Corrective actions are those, consistent

23 with State law, determined and made public and dis24 seminated by the State educational agency, which

25 may include—
537

•S 1513 RS

1 ‘‘(I) the withholding of funds;

2 ‘‘(II) an aggressive joint plan between the

3 State and local educational agency that address4 es specific elements of student performance prob5 lems and that specifies State and local respon6 sibilities under the plan;

7 ‘‘(III) interagency collaborative agreements

8 between the local educational agency and other

9 public agencies to provide health, pupil services,

10 and other social services needed to remove bar11 riers to learning;

12 ‘‘(IV) waivers or modification of require13 ments of State law or regulation (in States in

14 which such waivers are permitted) that impede

15 the ability of a local educational agency to edu16 cate students;

17 ‘‘(V) reconstitution of school district person18 nel;

19 ‘‘(VI) appointment by the State educational

20 agency of a representative to implement, in con21 junction with the local educational agency, a

22 program improvement plan;

23 ‘‘(VII) removal of particular schools from

24 the jurisdiction of the local educational agency

25 and establishment of alternative arrangements
538

•S 1513 RS

1 for the public governance and supervision of such

2 schools; and

3 ‘‘(VIII) authorizing students to transfer to

4 another public school, including the cost of trans5 portation.

6 ‘‘(ii) Notwithstanding clause (i), corrective ac7 tions taken pursuant to this part shall not include the

8 actions described in subclauses (I), (V), and (VII) of

9 clause (i) until the State has developed assessments

10 that meet the requirements of paragraph (3)(E) of

11 section 1111(b).

12 ‘‘(C) Prior to implementing any corrective ac13 tion, the State educational agency shall provide due

14 process, including a hearing, to any local educational

15 agency identified under paragraph (3) and may re16 frain from such corrective action to the extent that the

17 failure to make progress can be attributed to such ex18 tenuating circumstances as determined by the Sec19 retary.

20 ‘‘(7) SPECIAL RULE.—Local educational agencies

21 that for at least two of the three years following iden22 tification under paragraph (3) make adequate

23 progress toward meeting the State’s standards no

24 longer need to be identified for local educational agen25 cy improvement.
539

•S 1513 RS

1 ‘‘(d) OTHER ACCOUNTABILITY SYSTEMS.—If a State

2 has developed an accountability system for all children that,

3 in the Secretary’s judgment, is as rigorous as the system

4 required by this section and can serve as basis for the ac5 countability of programs under this part, then the Sec6 retary may deem such system as meeting the requirements

7 of this section.

8 ‘‘(e) CONSTRUCTION.—Nothing in this section shall be

9 construed to alter or otherwise affect the rights, remedies,

10 and procedures afforded school or school district employees

11 under Federal, State, or local laws (including applicable

12 regulations or court orders) or under the terms of collective

13 bargaining agreements, memoranda of understanding, or

14 other agreements between such employees and their employ15 ers.

16 ‘‘SEC. 1119. STATE ASSISTANCE FOR SCHOOLS SUPPORT

17 AND IMPROVEMENT.

18 ‘‘(a) SYSTEM FOR SUPPORT.—Each State educational

19 agency shall establish a statewide system of intensive and

20 sustained support and improvement for schools receiving

21 funds under this title, including all schoolwide programs

22 and all schools in need of program improvement.

23 ‘‘(b) COMPONENTS.—The system, at a minimum, shall

24 include the following:

25 ‘‘(1) SCHOOL SUPPORT TEAMS.—
540

•S 1513 RS

1 ‘‘(A) Each State, in consultation with local

2 educational agencies and schools, shall establish

3 a system of school support teams to provide in4 formation and assistance to schoolwide pro5 grams, or a school in which the number of stu6 dents in poverty is equal to or greater than 75

7 percent of the total number of students enrolled

8 in such school and such school is identified as in

9 need of improvement under section 1118(b)(1).

10 ‘‘(B) Each such team shall be composed of

11 persons, including teachers, pupil services per12 sonnel, representatives of organizations knowl13 edgeable about successful schoolwide projects or

14 comprehensive school reform, and other persons

15 who are knowledgeable about research and prac16 tice on teaching and learning, particularly about

17 strategies for improving the educational opportu18 nities for eligible children, such as representa19 tives of institutions of higher education, regional

20 educational laboratories or research centers, and

21 outside consultant groups.

22 ‘‘(C) A school support team shall work coop23 eratively with each school and make rec24 ommendations as the school develops its

25 schoolwide program plan or school improvement
541

•S 1513 RS

1 plan, review each plan, and make recommenda2 tions to the school and the local educational

3 agency.

4 ‘‘(D) During the operation of the schoolwide

5 program or during school improvement activi6 ties, a school support team shall—

7 ‘‘(i) periodically review the progress of

8 the school in enabling children in the school

9 to meet the State’s performance standards

10 under this part;

11 ‘‘(ii) identify problems in the design

12 and operation of the instructional program;

13 and

14 ‘‘(iii) make recommendations for im15 provement to the school and the local edu16 cational agency.

17 ‘‘(E) Funds made available for State ad18 ministration and, at the discretion of the local

19 educational agency, funds available to local edu20 cational agencies under this part may be used to

21 pay the costs of the school support teams.

22 ‘‘(2) DISTINGUISHED SCHOOLS.—(A) Each State

23 shall designate as a distinguished school—

24 ‘‘(i) any school served under this part that,

25 for three consecutive years, has exceeded the
542

•S 1513 RS

1 State’s definition of adequate progress as defined

2 in section 1111(b)(2)(A)(i); and

3 ‘‘(ii) any school in which almost every stu4 dent has met the State’s advanced level of per5 formance.

6 ‘‘(B)(i) A State shall use funds available under

7 section 1701(c) to recognize distinguished schools, in8 cluding making monetary awards.

9 ‘‘(ii) Funds awarded to a distinguished school

10 may be used by the school to further the school’s edu11 cational program under this part, provide additional

12 incentives for continued success, and reward individ13 uals or groups in the school for past performance.

14 ‘‘(C) A local educational agency may also recog15 nize the success of a distinguished school by providing

16 additional institutional and individual rewards, such

17 as greater decisionmaking authority at the school

18 building level, increased access to resources or supple19 mental services such as summer programs that may

20 be used to sustain or increase success, additional pro21 fessional development opportunities, opportunities to

22 participate in special projects, and individual finan23 cial bonuses.

24 ‘‘(D) Schools designated as distinguished schools

25 under such subparagraph (A) may serve as models
543

•S 1513 RS

1 and provide additional assistance to other schools

2 served under this part, especially schoolwide pro3 grams and schools in school improvement, that are

4 not making adequate progress.

5 ‘‘(3) DISTINGUISHED EDUCATORS.—

6 ‘‘(A) In order to provide assistance to

7 schools and local educational agencies identified

8 as needing improvement and schools participat9 ing in schoolwide programs, each State, in con10 sultation with local educational agencies and

11 using funds available under section 1701(c),

12 shall establish a corps of distinguished educators.

13 ‘‘(B) When possible, distinguished educators

14 shall be chosen from schools served under this

15 part that have been especially successful in ena16 bling children to meet or make outstanding

17 progress toward meeting the State’s student per18 formance standards, such as the schools described

19 in paragraph (2).

20 ‘‘(C) Distinguished educators shall provide,

21 as part of the statewide system, intensive and

22 sustained assistance to the schools and local edu23 cational agencies furthest from meeting the

24 State’s student performance standards and to

25 schoolwide programs as such programs develop
544

•S 1513 RS

1 and implement their plans, including participa2 tion in the support teams described in para3 graph (1).

4 ‘‘(c) IMPLEMENTATION.—In order to implement this

5 section, funds made available under section 1701(c) may

6 be used by a State for release time for teachers and adminis7 trators, travel, training, and other related costs.

8 ‘‘(d) ALTERNATIVES.—

9 ‘‘(1) IN GENERAL.—The State may devise alter10 native or additional approaches to providing the as11 sistance described in paragraphs (1) and (3) of sub12 section (b), such as providing assistance through in13 stitutions of higher education and educational service

14 agencies or other local consortia and may use funds

15 authorized in section 1701(c) for such approaches.

16 ‘‘(2) INAPPLICABILITY.—Paragraphs (1) and (3)

17 of subsection (b) shall not apply to a State edu18 cational agency if such agency determines that a local

19 educational agency or school is receiving adequate

20 technical assistance from a source other than the

21 State educational agency.

22 ‘‘SEC. 1120. FISCAL REQUIREMENTS.

23 ‘‘(a) MAINTENANCE OF EFFORT.—A local educational

24 agency may receive funds under this part for any fiscal

25 year only if the State educational agency finds that the
545

•S 1513 RS

1 local educational agency has maintained its fiscal effort in

2 accordance with section 10501 of this Act.

3 ‘‘(b) FEDERAL FUNDS TO SUPPLEMENT, NOT SUP4 PLANT, NON-FEDERAL FUNDS.—

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

6 subparagraph (B), a State or local educational agen7 cy shall use funds received under this part only to

8 supplement the amount of funds that would, in the

9 absence of such Federal funds, be made available from

10 non-Federal sources for the education of pupils par11 ticipating in programs assisted under this part, and

12 not to supplant such funds.

13 ‘‘(B) For the purpose of complying with sub14 paragraph (A), a State or local educational agency

15 may exclude supplemental State and local funds ex16 pended in any eligible school attendance area or

17 school for programs that meet the requirements of sec18 tion 1114 or 1115.

19 ‘‘(2) SPECIAL RULE.—No local educational agen20 cy shall be required to provide services under this

21 part through a particular instructional method or in

22 a particular instructional setting in order to dem23 onstrate such agency’s compliance with paragraph

24 (1).

25 ‘‘(c) COMPARABILITY OF SERVICES.—
546

•S 1513 RS

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

2 paragraphs (4) and (5), a local educational agency

3 may receive funds under this part only if State and

4 local funds will be used in schools served under this

5 part to provide services that, taken as a whole, are at

6 least comparable to services in schools that are not re7 ceiving funds under this part.

8 ‘‘(B) If the local educational agency is serving

9 all of such agency’s schools under this part, such

10 agency may receive funds under this part only if such

11 agency will use State and local funds to provide serv12 ices that, taken as a whole, are substantially com13 parable in each school.

14 ‘‘(C) A local educational agency may meet the

15 requirements of subparagraphs (A) and (B) on a

16 grade-span by grade-span basis or a school-by-school

17 basis.

18 ‘‘(2) WRITTEN ASSURANCE.—(A) A local edu19 cational agency shall be considered to have met the re20 quirements of paragraph (1) if such agency has filed

21 with the State educational agency a written assur22 ance that such agency has established and imple23 mented—

24 ‘‘(i) a local educational agency-wide salary

25 schedule;
547

•S 1513 RS

1 ‘‘(ii) a policy to ensure equivalence among

2 schools in teachers, administrators, and other

3 staff; and

4 ‘‘(iii) a policy to ensure equivalence among

5 schools in the provision of curriculum materials

6 and instructional supplies.

7 ‘‘(B) Unpredictable changes in student enroll8 ment or personnel assignments which occur after the

9 beginning of a school year shall not be included as a

10 factor in determining comparability of services.

11 ‘‘(C) A local educational agency need not include

12 unpredictable changes in student enrollment or per13 sonnel assignments that occur after the beginning of

14 a school year in determining comparability of services

15 under this subsection.

16 ‘‘(3) PROCEDURES AND RECORDS.—Each local

17 educational agency shall—

18 ‘‘(A) develop procedures for compliance with

19 this subsection; and

20 ‘‘(B) maintain records that are updated bi21 ennially documenting such agency’s compliance

22 with this subsection.

23 ‘‘(4) INAPPLICABILITY.—This subsection shall

24 not apply to a local educational agency that does not

25 have more than one building for each grade span.
548

•S 1513 RS

1 ‘‘(5) COMPLIANCE.—For the purpose of deter2 mining compliance with paragraph (1), a local edu3 cational agency may exclude State and local funds

4 expended for—

5 ‘‘(A) bilingual education for children of

6 limited-English proficiency; and

7 ‘‘(B) excessive costs of providing services to

8 children with disabilities as determined by the

9 local educational agency.

10 ‘‘Subpart 2—Allocations

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

12 SECRETARY OF THE INTERIOR.

13 ‘‘(a) RESERVATION OF FUNDS.—From the amount ap14 propriated for payments to States for any fiscal year under

15 section 1002(a), the Secretary shall reserve a total of 1 per16 cent to provide assistance to—

17 ‘‘(1) the outlying areas on the basis of their re18 spective need for such assistance according to such

19 criteria as the Secretary determines will best carry

20 out the purpose of this part; and

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

22 necessary to make payments pursuant to subsection

23 (c).

24 ‘‘(b) ASSISTANCE TO THE OUTLYING AREAS.—
549

•S 1513 RS

1 ‘‘(1) IN GENERAL.—From amounts made avail2 able under subsection (a)(1) in each fiscal year the

3 Secretary shall make grants to local educational agen4 cies in the outlying areas in accordance with rec5 ommendations from the Pacific Regional Educational

6 Laboratory which shall conduct a competition for

7 such grants.

8 ‘‘(2) ADMINISTRATIVE COSTS.—The Secretary

9 shall provide 5 percent of amounts made available for

10 grants under this paragraph in each fiscal year to the

11 Pacific Regional Educational Laboratory to pay the

12 administrative costs of such laboratory with respect to

13 the activities under this subsection.

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

16 ‘‘(1) IN GENERAL.—The amount allotted for pay17 ments to the Secretary of the Interior under sub18 section (a)(2) for any fiscal year shall be, as deter19 mined pursuant to criteria established by the Sec20 retary, the amount necessary to meet the special edu21 cational needs of—

22 ‘‘(A) Indian children on reservations served

23 by elementary and secondary schools for Indian

24 children operated or supported by the Depart25 ment of the Interior; and
550

•S 1513 RS

1 ‘‘(B) out-of-State Indian children in ele2 mentary and secondary schools in local edu3 cational agencies under special contracts with

4 the Department of the Interior.

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

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

8 payments to local educational agencies, upon such

9 terms as the Secretary determines will best carry out

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

11 Indian children described in paragraph (1). The

12 amount of such payment may not exceed, for each

13 such child, the greater of—

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

17 ‘‘(B) 46 percent of such expenditure in the

18 United States.

19 ‘‘SEC. 1122. ALLOCATIONS TO STATES.

20 ‘‘(a) ADJUSTMENTS WHERE NECESSITATED BY AP21 PROPRIATIONS.—

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

23 under this part for any fiscal year are insufficient to

24 pay the full amounts that all local educational agen25 cies in all States are eligible to receive under section
551

•S 1513 RS

1 1123 for such year, the Secretary first shall ratably

2 reduce the allocations to such local educational agen3 cies for such year.

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

5 become available for making payments under section

6 1123 for such fiscal year, allocations that were re7 duced under paragraph (1) shall be increased on the

8 same basis as such allocations were reduced.

9 ‘‘(b) HOLD-HARMLESS AMOUNTS.—

10 ‘‘(1) IN GENERAL.—Except as provided in para11 graph (2), the total amount made available to each

12 State under section 1123—

13 ‘‘(A) for fiscal year 1995, shall not be less

14 than 100 percent of the total amount such State

15 received under sections 1005 and 1006 (as such

16 sections were in existence on the day preceding

17 the date of enactment of the Improving Ameri18 ca’s Schools Act of 1994) for fiscal year 1994;

19 ‘‘(B) for fiscal year 1996, shall not be less

20 than 90 percent of the total amount such State

21 received under section 1123 for fiscal year 1995;

22 and

23 ‘‘(C) for fiscal year 1997 and each succeed24 ing fiscal year, shall not be less than 85 percent

25 of the total amount such State received in the fis-
552

•S 1513 RS

1 cal year preceding the fiscal year for which the

2 determination is made.

3 ‘‘(2) RATABLE REDUCTIONS.—(A) If the sums

4 made available under this part for any fiscal year are

5 insufficient to pay the full amounts that all States

6 are eligible to receive under paragraph (1) for such

7 year, the Secretary shall ratably reduce such amounts

8 for such year.

9 ‘‘(B) If additional funds become available for

10 making payments under paragraph (1) for such fiscal

11 year, amounts that were reduced under subparagraph

12 (A) shall be increased on the same basis as such

13 amounts reduced.

14 ‘‘(c) DEFINITION.—For the purpose of this section and

15 section 1123, the term State means each of the 50 States,

16 the District of Columbia, and the Commonwealth of Puerto

17 Rico.

18 ‘‘SEC. 1123. GRANTS TO STATES.

19 ‘‘(a) AMOUNT OF GRANTS.—

20 ‘‘(1) IN GENERAL.—(A) In any case in which the

21 Secretary determines that satisfactory data for local

22 educational agencies are available to carry out deter23 minations under paragraph (2), the grant which a

24 State is eligible to receive under this subpart for a fis25 cal year shall be the aggregate amount of grants for
553

•S 1513 RS

1 all local educational agencies in that State, as deter2 mined under paragraph (2).

3 ‘‘(B) In any case in which the Secretary deter4 mines that satisfactory data for local educational

5 agencies are not available to carry out determinations

6 under paragraph (2), the grant which a State is eligi7 ble to receive for a fiscal year shall be the aggregate

8 amounts of grants for all counties in that State, as

9 determined under paragraph (2).

10 ‘‘(2) GRANTS FOR STATES.—(A)(i) The grant for

11 a local educational agency shall be determined by

12 multiplying the number of children determined under

13 subsection (c)(2) by 40 percent of the amount deter14 mined under the next sentence, multiplying such

15 product by the effort factor described in clause (ii)

16 and multiplying such product by the equity factor de17 scribed in clause (iii). The amount determined under

18 this sentence shall be the average per pupil expendi19 ture in the State except that (I) if the average per

20 pupil expenditure in the State is less than 85 percent

21 of the average per pupil expenditure in the United

22 States, such amount shall be 85 percent of the average

23 per pupil expenditure in the United States, or (II) if

24 the average per pupil expenditure in the State is

25 more than 115 percent of the average per pupil ex-
554

•S 1513 RS

1 penditure in the United States, such amount shall be

2 115 percent of the average per pupil expenditure in

3 the United States.

4 ‘‘(ii)(I) Except as provided in subclause (II), the

5 effort factor for a local educational agency shall be de6 termined in accordance with the succeeding sentence,

7 except that such factor shall not be less than .95 nor

8 more than 1.05. The effort factor determined under

9 this sentence shall be a fraction the numerator of

10 which is the product of the average per pupil expendi11 ture for kindergarten through 12th grade education in

12 the State served by the local educational agency mul13 tiplied by the per capita income in the United States

14 and the denominator of which is the product of the

15 per capita income in such State multiplied by the av16 erage per pupil expenditure for kindergarten through

17 12th grade education in the United States.

18 ‘‘(II) The effort factor for the Commonwealth of

19 Puerto Rico shall be equal to the lowest effort factor

20 calculated under subclause (I) for any State.

21 ‘‘(iii)(I) Except as provided in subclause (II),

22 the equity factor for a local educational agency shall

23 be determined in accordance with the succeeding sen24 tence, except that such factor shall not be less than .95

25 nor more than 1.05. The equity factor determined
555

•S 1513 RS

1 under this sentence shall be calculated as follows:

2 First, calculate the difference (expressed as a positive

3 amount) between the average per pupil expenditure in

4 the State served by the local educational agency and

5 the average per pupil expenditure in each local edu6 cational agency in the State and multiply such dif7 ference by the total student enrollment for such agen8 cy, except that children from low-income families

9 shall be multiplied by a factor of 1.4 to calculate such

10 enrollment. Second, add the products under the pre11 ceding sentence for each local educational agency in

12 such State and divide such sum by the total student

13 enrollment of such State, except that children from

14 low-income families shall be multiplied by a factor of

15 1.4 to calculate such enrollment. Third, divide the

16 quotient under the preceding sentence by the average

17 per pupil expenditure in such State. If the final

18 quotient obtained under the preceding sentence is—

19 ‘‘(aa) .05 or less, then the equity factor is

20 1.05;

21 ‘‘(bb) greater than .05 and less than .15,

22 then the equity factor is equal to 1.10 minus

23 such quotient; or

24 ‘‘(cc) .15 or greater, then the equity factor

25 is .95.
556

•S 1513 RS

1 ‘‘(II) The equity factor for a local educational

2 agency serving—

3 ‘‘(aa) the District of Columbia and the

4 Commonwealth of Puerto Rico shall be calculated

5 so that there is no increase or decrease in the

6 District of Columbia’s or the Commonwealth of

7 Puerto Rico’s grant under this section by the ap8 plication of this clause;

9 ‘‘(bb) Hawaii shall be 1.05; and

10 ‘‘(cc) a State that meets the disparity

11 standard described in section 222.63 of title 34,

12 Code of Federal Regulations (as such section was

13 in effect on the day preceding the date of enact14 ment of the Improving America’s Schools Act of

15 1994), shall be not less than 1.00.

16 ‘‘(B) For each fiscal year, the Secretary shall de17 termine the percentage which the average per pupil

18 expenditure in the Commonwealth of Puerto Rico is

19 of the lowest average per pupil expenditure of any of

20 the 50 States. The grant which the Commonwealth of

21 Puerto Rico shall be eligible to receive under this sub22 part for a fiscal year shall be determined by mul23 tiplying the product of the effort factor for the Com24 monwealth of Puerto Rico under subparagraph

25 (A)(ii)(II) for such year multiplied by the equity fac-
557

•S 1513 RS

1 tor for the Commonwealth of Puerto Rico under sub2 paragraph (A)(iii)(II)(aa) for such year by the

3 amount arrived at by multiplying the number of chil4 dren counted under subsection (c) for the Common5 wealth of Puerto Rico by the product of—

6 ‘‘(i) the percentage determined under the

7 preceding sentence for such year; and

8 ‘‘(ii) 32 percent of the average per pupil ex9 penditure in the United States for such year.

10 ‘‘(b) MINIMUM NUMBER OF CHILDREN TO QUALIFY.—

11 The children served by a local educational agency shall be

12 counted for a fiscal year under this subpart only if such

13 agency meets the following requirements with respect to the

14 number of children counted under subsection (c)(1):

15 ‘‘(1) In any case (except as provided in para16 graph (3)) in which the Secretary determines that

17 satisfactory data for the purpose of this subsection as

18 to the number of such children are available on a

19 school district basis, the number of such children in

20 the school district of such local educational agency

21 shall be at least 10.

22 ‘‘(2) In any other case, except as provided in

23 paragraph (3), the number of such children in the

24 county which includes such local educational agency’s

25 school district shall be at least 10.
558

•S 1513 RS

1 ‘‘(3) In any case in which a county includes a

2 part of the school district of the local educational

3 agency concerned and the Secretary has not deter4 mined that satisfactory data for the purpose of this

5 subsection are available on a school district basis for

6 all the local educational agencies or all the counties

7 into which the school district of the local educational

8 agency concerned extends, the eligibility requirement

9 with respect to the number of such children for such

10 local educational agency shall be determined in ac11 cordance with regulations prescribed by the Secretary

12 for the purposes of this subsection.

13 ‘‘(c) DETERMINATION OF WEIGHTED NUMBER OF

14 CHILDREN.—

15 ‘‘(1) CHILDREN TO BE COUNTED.—(A) The num16 ber of children to be counted for purposes of this sec17 tion is the aggregate of—

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

19 inclusive, in the school district of the local edu20 cational agency from families below the poverty

21 level; and

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

23 inclusive, in the school district of such agency

24 living in institutions for neglected or delinquent

25 children (other than such institutions operated
559

•S 1513 RS

1 by the United States) but not counted pursuant

2 to subpart 3 of part E for the purposes of a

3 grant to a State agency, or being supported in

4 foster homes with public funds.

5 ‘‘(B) For the purposes of this section, the Sec6 retary shall determine the number of children counted

7 under subparagraph (A) on the basis of the most re8 cent satisfactory data available from the Department

9 of Commerce for local educational agencies (or, if

10 such data are not available for such agencies, for

11 counties); and in determining the families which are

12 below the poverty level, the Secretary shall utilize the

13 criteria of poverty used by the Bureau of the Census

14 in compiling the most recent decennial census.

15 ‘‘(2) DETERMINATION OF NUMBER OF CHIL16 DREN.—(A) The number of children to be determined

17 for purposes of this paragraph shall be the number of

18 children counted under paragraph (1) multiplied by

19 the weighting factor for the local educational agency.

20 The weighting factor shall be established on the basis

21 of the percentage that the number of children counted

22 under paragraph (1) represents of the total popu23 lation aged 5 to 17, inclusive, in the local educational

24 agency or the number of such children. Weighted

25 pupil counts shall be calculated based upon both per-
560

•S 1513 RS

1 centage and number and the larger of the two counts

2 shall be used in calculating grants for each local edu3 cational agency. Except as provided in subparagraph

4 (B), weighting factors shall be assigned according to

5 the following scale: if the percentage is greater than

6 0 but less than 12.20, the weighting factor shall be

7 1.00 for all children counted under paragraph (1); if

8 the percentage is greater than 12.20 but less than

9 17.70, the weighting factor shall be 1.00 for a number

10 of children counted under paragraph (1) equal to

11 12.20 percent of the total school age population and

12 1.10 for children counted under paragraph (1) in ex13 cess of 12.20 percent of the total school age popu14 lation; if the percentage is greater than 17.70 percent

15 but less than 22.80 percent, then the weighting factor

16 shall be 1.00 for a number of children counted under

17 paragraph (1) equal to 12.20 percent of the total

18 school age population, 1.10 for a number of children

19 counted under paragraph (1) equal to 5.50 percent of

20 the total school age population, and 1.20 for children

21 counted under paragraph (1) in excess of 17.70 per22 cent of the total school age population; if the percent23 age is greater than 22.80 percent but less than 29.70

24 percent, then the weighting factor shall be 1.00 for a

25 number of children counted under paragraph (1)
561

•S 1513 RS

1 equal to 12.20 percent of the total school age popu2 lation, 1.10 for a number of children counted under

3 paragraph (1) equal to 5.50 percent of the total school

4 age population, 1.20 for a number of children counted

5 under paragraph (1) equal to 5.10 percent of the total

6 school age population, and 1.30 for children counted

7 under paragraph (1) in excess of 22.80 percent of the

8 total school age population; and if the percentage is

9 greater than 29.70, then the weighting factor shall be

10 1.00 for a number of children counted under para11 graph (1) equal to 12.20 percent of the total school

12 age population, 1.10 for a number of children counted

13 under paragraph (1) equal to 5.50 percent of the total

14 school age population, 1.20 for a number of children

15 counted under paragraph (1) equal to 5.10 percent of

16 the total school age population, 1.30 for a number of

17 children counted under paragraph (1) equal to 6.90

18 percent of the total school age population, and 1.40

19 for children counted under paragraph (1) in excess of

20 29.70 percent of the total school age population. Sepa21 rately, if the number of children counted under para22 graph (1) is greater than 0 but less than 1917, the

23 weighting factor shall be 1.00 for all children counted

24 under paragraph (1); if the number is greater than

25 1917 but less than 5,938, the weighting factor shall be
562

•S 1513 RS

1 1.00 for a number of children counted under para2 graph (1) equal to 1917, and 1.075 for children

3 counted under paragraph (1) in excess of 1917; if the

4 number is greater than 5,938 but less than 20,199,

5 then the weighting factor shall be 1.00 for a number

6 of children counted under paragraph (1) equal to

7 1917, 1.075 for a number of children counted under

8 paragraph (1) equal to 4,021, and 1.150 for children

9 counted under paragraph (1) in excess of 5,938; if the

10 number is greater than 20,199 but less than 77,999

11 then the weighting factor shall be 1.00 for a number

12 of children counted under paragraph (1) equal to

13 1917, 1.075 for a number of children counted under

14 paragraph (1) equal to 4,021, 1.150 for a number of

15 children counted under paragraph (1) equal to

16 14,261, and 1.225 for children counted under para17 graph (1) in excess of 20,199; and if the number is

18 greater than 77,999, then the weighting factor shall be

19 1.00 for a number of children counted under para20 graph (1) equal to 1917, 1.075 for a number of chil21 dren counted under paragraph (1) equal to 4,021,

22 1.150 for a number of children counted under para23 graph (1) equal to 14,261, 1.225 for a number of chil24 dren counted under paragraph (1) equal to 57,800

25 and 1.30 for children counted under paragraph (1) in
563

•S 1513 RS

1 excess of 77,999. For the Commonwealth of Puerto

2 Rico, the weighting factor shall be not greater than

3 1.15.

4 ‘‘(B) If the Secretary determines that satisfac5 tory data for local educational agencies are available

6 to carry out determinations under section 1123(a)(2),

7 then the Secretary shall substitute the percentages,

8 numbers, and quintiles described in section

9 1124(b)(3) for the percentages, numbers, and quintiles

10 described in subparagraph (A).

11 ‘‘(d) STATE MINIMUM.—

12 ‘‘(1) MINIMUM.—For any fiscal year the aggre13 gate amount allotted for all local educational agencies

14 within a State may not be less than one-quarter of 1

15 percent of the total amount available for such fiscal

16 year under this section.

17 ‘‘(2) SPECIAL RULE.—A State shall not be allot18 ted in any fiscal year more than 125 percent of the

19 amount that the State would have received under this

20 section in such fiscal year if the provisions of para21 graph (1) were not applied.

22 ‘‘(e) SPECIAL RULE.—No State shall receive a grant

23 under this section for fiscal year 1995 in an amount that

24 exceeds 115 percent of the amount that would have been al25 located to such State for such fiscal year under subpart 1
564

•S 1513 RS

1 of part A of chapter 1 of title I (as such subpart was in

2 effect on the day preceding the date of enactment of the Im3 proving America’s Schools Act of 1994).

4 ‘‘SEC. 1124. WITHIN STATE ALLOCATIONS.

5 ‘‘(a) IN GENERAL.—

6 ‘‘(1) ELIGIBILITY.—No local educational agency

7 shall be eligible for funds under this part unless the

8 number of children counted under subsection (b)(1)

9 for such agency is at least 10 and equal to 5 percent

10 or greater of the number of all children served by such

11 agency.

12 ‘‘(2) HOLD HARMLESS.—(A) Except as provided

13 in subparagraph (B), each local educational agency

14 shall receive an amount under this part for fiscal

15 years 1995 and 1996 that is at least equal to 85 per16 cent of the amount such agency received under this

17 part (or for fiscal year 1994 only, such part’s prede18 cessor authority) in the preceding fiscal year, except

19 that if such agency is not eligible for assistance under

20 paragraph (1) such agency shall only receive the

21 amount provided for under this paragraph for fiscal

22 year 1995.

23 ‘‘(B)(i) If the sums made available under this

24 part for any fiscal year are insufficient to pay the

25 full amounts that all local educational agencies in all
565

•S 1513 RS

1 States are eligible to receive under subparagraph (A)

2 for such year, the State educational agency shall rat3 ably reduce the allocations to such local educational

4 agencies for such year.

5 ‘‘(ii) If additional funds become available for

6 making payments under subparagraph (A) for such

7 fiscal year, allocations that were reduced under sub8 paragraph (A) shall be increased on the same basis as

9 such allocations were reduced.

10 ‘‘(3) STATE RESERVE.—(A) For each fiscal year

11 each State may reserve not more than 2 percent of the

12 funds such State receives to carry out this part to

13 award grants to local educational agencies that—

14 ‘‘(i) are not eligible for assistance under

15 paragraph (1); and

16 ‘‘(ii) serve a school attendance area for

17 which the percentage of children counted under

18 subsection (b)(1) that are enrolled in the schools

19 in such area exceeds—

20 ‘‘(I) the percentage of such children in

21 the State; or

22 ‘‘(II) 25 percent.

23 ‘‘(B) The total amount of funds awarded to each

24 local educational agency receiving a grant under this
566

•S 1513 RS

1 paragraph when added to funds made available under

2 paragraph (2) shall not exceed—

3 ‘‘(i) for fiscal year 1995, the amount such

4 agency received under this part’s predecessor au5 thority in the preceding fiscal year; and

6 ‘‘(ii) for fiscal year 1996 and each succeed7 ing fiscal year, the average amount received per

8 child under this part in the State multiplied by

9 the number of children counted under subsection

10 (b)(1) in such agency’s school attendance areas

11 described in subparagraph (A)(ii).

12 ‘‘(C) Each State awarding grants under this

13 paragraph shall distribute such grants to local edu14 cational agencies in rank order based on the percent15 age of children from low-income families in each local

16 educational agency’s school attendance area described

17 in subparagraph (A)(ii).

18 ‘‘(D) Each local educational agency receiving a

19 grant under this paragraph only shall use such grants

20 funds to serve school attendance areas described in

21 subparagraph (A)(ii).

22 ‘‘(E) In order to receive a grant under this para23 graph a local educational agency shall provide an as24 surance to the State educational agency serving such

25 local educational agency that such local educational
567

•S 1513 RS

1 agency has not modified the student assignment prac2 tices of such local educational agency so as to increase

3 the percentage of children from low-income families

4 in each school for which assistance is sought under

5 this paragraph.

6 ‘‘(b) LOCAL EDUCATIONAL AGENCY ALLOCATIONS.—

7 ‘‘(1) CHILDREN TO BE COUNTED.—(A) The num8 ber of children counted for purposes of this section is

9 the aggregate of—

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

11 inclusive, in the school district of the local edu12 cational agency from families below the poverty

13 level; and

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

15 inclusive, in the school district of such agency

16 living in institutions for neglected or delinquent

17 children (other than such institutions operated

18 by the United States) but not counted pursuant

19 to subpart 3 of part E for the purposes of a

20 grant to a State agency, or being supported in

21 foster homes with public funds.

22 ‘‘(B) In determining the number of children eli23 gible to be counted under subparagraph (A), a State

24 educational agency shall use for each local edu-
568

•S 1513 RS

1 cational agency served by such State educational

2 agency—

3 ‘‘(i) data from the Bureau of the Census re4 garding the number of children determined in

5 accordance with section 1123(c)(1)(B);

6 ‘‘(ii) data based on the sum of—

7 ‘‘(I) the number of children from fami8 lies receiving aid to families with dependent

9 children under part A of title IV of the So10 cial Security Act; and

11 ‘‘(II) the number of children with lim12 ited-English proficiency served by such

13 agency divided by three; or

14 ‘‘(iii) data based on other poverty criteria,

15 including combinations of the data described in

16 clauses (i) and (ii) and combinations of the data

17 described in either such clause and other data,

18 that the State educational agency deems appro19 priate and the Secretary approves, adjusted to be

20 equivalent in proportion to the number of chil21 dren determined in accordance with section

22 1123(c)(1)(B) in the State, except that the State

23 educational agency may submit to the Secretary

24 for approval alternative data that more accu25 rately target poverty.
569

•S 1513 RS

1 ‘‘(2) ABSORPTION.—In determining the number

2 of children to be counted under this paragraph for

3 each local educational agency, the State educational

4 agency shall subtract 1 percent of the total number of

5 children aged 5 to 17, inclusive, served by such local

6 educational agency from the number of children

7 counted under paragraph (1) for such local edu8 cational agency.

9 ‘‘(3) WEIGHTED CHILDREN.—From funds made

10 available under section 1123, each State educational

11 agency shall allocate such funds to local educational

12 agencies in the State on the basis of the number of

13 children counted under paragraph (2) for a local edu14 cational agency multiplied by the weighting factor for

15 the local educational agency. The weighting factor

16 shall be established on the basis of the percentage that

17 the number of children counted under paragraph (2)

18 represents of the total population aged 5 to 17, inclu19 sive, in the local educational agency or the number of

20 such children. Weighted pupil counts shall be cal21 culated based upon both percentage and number and

22 the larger of the two counts shall be used in calculat23 ing grants for each local educational agency.

24 Weighting factors shall be assigned according to the

25 following scale, except that a State educational agen-
570

•S 1513 RS

1 cy may submit to the Secretary for approval State2 specific quintiles for use in the following percentages

3 or numbers for the State if the use of such quintiles

4 more accurately targets poverty: if the percentage is

5 greater than 0 but less than 14.265, the weighting fac6 tor shall be 1.00 for all children counted under para7 graph (2); if the percentage is greater than 14.265 but

8 less than 21.553, the weighting factor shall be 1.00 for

9 a number of children counted under paragraph (2)

10 equal to 14.265 percent of the total school age popu11 lation and 1.150 for children counted under para12 graph (2) in excess of 14.265 percent of the total

13 school age population; if the percentage is greater

14 than 21.553 percent but less than 29.223 percent, then

15 the weighting factor shall be 1.00 for a number of

16 children counted under paragraph (2) equal to 14.265

17 percent of the total school age population, 1.150 for

18 a number of children counted under paragraph (2)

19 equal to 7.288 percent of the total school age popu20 lation, and 1.300 for children counted under para21 graph (2) in excess of 21.553 percent of the total

22 school age population; if the percentage is greater

23 than 29.223 percent but less than 36.538 percent, then

24 the weighting factor shall be 1.00 for a number of

25 children counted under paragraph (2) equal to 14.265
571

•S 1513 RS

1 percent of the total school age population, 1.150 for

2 a number of children counted under paragraph (2)

3 equal to 7.288 percent of the total school age popu4 lation, 1.30 for a number of children counted under

5 paragraph (2) equal to 7.67 percent of the total school

6 age population, and 1.450 for children counted under

7 paragraph (2) in excess of 29.223 percent of the total

8 school age population; and if the percentage is greater

9 than 36.538, then the weighting factor shall be 1.00

10 for a number of children counted under paragraph

11 (2) equal to 14.265 percent of the total school age pop12 ulation, 1.150 for a number of children counted under

13 paragraph (2) equal to 7.288 percent of the total

14 school age population, 1.300 for a number of children

15 counted under paragraph (2) equal to 7.67 percent of

16 the total school age population, 1.450 for a number of

17 children counted under paragraph (2) equal to 7.315

18 percent of the total school age population, and 1.600

19 for children counted under paragraph (2) in excess of

20 36.538 percent of the total school age population. Sep21 arately, if the number of children counted under

22 paragraph (2) is greater than 0 but less than 575, the

23 weighting factor shall be 1.00 for all children counted

24 under paragraph (2); if the number is greater than

25 575 but less than 1,870, the weighting factor shall be
572

•S 1513 RS

1 1.00 for a number of children counted under para2 graph (2) equal to 575, and 1.10 for children counted

3 under paragraph (2) in excess of 575; if the number

4 is greater than 1,870 but less than 6,910, then the

5 weighting factor shall be 1.00 for a number of chil6 dren counted under paragraph (2) equal to 575, 1.10

7 for a number of children counted under paragraph

8 (2) equal to 1,295, and 1.20 for children counted

9 under paragraph (2) in excess of 1,870; if the number

10 is greater than 6,910 but less than 42,000 then the

11 weighting factor shall be 1.00 for a number of chil12 dren counted under paragraph (2) equal to 575, 1.10

13 for a number of children counted under paragraph

14 (2) equal to 1,295, 1.20 for a number of children

15 counted under paragraph (2) equal to 5,040, and 1.30

16 for children counted under paragraph (2) in excess of

17 6,910; and if the number is greater than 42,000, then

18 the weighting factor shall be 1.00 for a number of

19 children counted under paragraph (2) equal to 575,

20 1.10 for a number of children counted under para21 graph (2) equal to 1,295, 1.20 for a number of chil22 dren counted under paragraph (2) equal to 5,040,

23 1.30 for a number of children counted under para24 graph (2) equal to 35,090 and 1.40 for children

25 counted under paragraph (2) in excess of 42,000.
573

•S 1513 RS

1 ‘‘(4) GEOGRAPHIC CIRCUMSTANCES.—In the case

2 of local educational agencies which serve in whole or

3 in part the same geographical area, and in the case

4 of a local educational agency which provides free pub5 lic education for a substantial number of children

6 who reside in the school district of another local edu7 cational agency, the State educational agency may al8 locate the amount of the grants for those local edu9 cational agencies among those local educational agen10 cies in such manner as the State educational agency

11 determines will best carry out the purposes of this

12 part.

13 ‘‘(5) SPECIAL ALLOCATION PROCEDURES.—Upon

14 determination by the State educational agency that a

15 local educational agency in the State is unable or un16 willing to provide for the special educational needs of

17 children described in clause (ii) of section

18 1123(c)(1)(A), who are living in institutions for ne19 glected or delinquent children, the State educational

20 agency shall, if the State educational agency assumes

21 responsibility for the special educational needs of such

22 children, be eligible to receive the portion of the allo23 cation to such local educational agency which is at24 tributable to such neglected or delinquent children,

25 but if the State educational agency does not assume
574

•S 1513 RS

1 such responsibility, any other State or local public

2 agency, as determined by regulations established by

3 the Secretary, which does assume such responsibility,

4 shall be eligible to receive such portion of the alloca5 tion.

6 ‘‘(6) SPECIAL RULE.—A local educational agency

7 may reserve not more than 2 percent of the funds such

8 agency receives under this part for each fiscal year to

9 provide services at the discretion of the highest ad10 ministrative official (superintendent) of such agency

11 and consistent with the purposes of this title to a

12 school, if the school is within two rank orders de13 scribed in section 1113(c) of the lowest such rank or14 dered school served under this part.

15 ‘‘PART B—TRANSITION TO SUCCESS

16 ‘‘SEC. 1201. TRANSITION TO SUCCESS.

17 ‘‘(a) SHORT TITLE.—This part may be cited as the

18 ‘Transitions to Success Act of 1994’.

19 ‘‘(b) TRANSITION TO SUCCESS CHALLENGE GRANTS.—

20 ‘‘(1) FUNDING.—(A) Notwithstanding any other

21 provision of law, from amounts appropriated to carry

22 out part A for each fiscal year the Secretary shall re23 serve 1 percent of the total amount made available to

24 all States under such part for such fiscal year, to

25 carry out this part for such year.
575

•S 1513 RS

1 ‘‘(B) From amounts reserved under subpara2 graph (A) the Secretary shall make available to each

3 State 1 percent of the amount made available to each

4 State under part A, to carry out this part.

5 ‘‘(2) STATE INCENTIVE REQUIREMENTS.—(A) In

6 order for a State to use the funds made available

7 under paragraph (1), the State shall submit a transi8 tion coordinated services proposal to the Secretary as

9 part of the plan submitted under section 1111.

10 ‘‘(B) If a State fails to submit an acceptable pro11 posal described in subparagraph (A)(i), local edu12 cational agencies within the State may apply to the

13 Secretary directly for funds to carry out this part

14 under such terms and conditions as the Secretary de15 termines will best carry out the activities assisted

16 under this part.

17 ‘‘(3) IN GENERAL.—From amounts made avail18 able under paragraph (1), each State educational

19 agency shall make challenge grants to local edu20 cational agencies that have formed consortia with

21 early childhood development programs including,

22 where available, Head Start, to develop and operate

23 programs that assist low-income elementary school

24 students in kindergarten through third grade (giving
576

•S 1513 RS

1 priority to students entering their first year of ele2 mentary school) and their families in—

3 ‘‘(A) obtaining supportive services that

4 build on the strength of families, including

5 health, immunization, mental health, nutrition,

6 parenting education, literacy, and social services

7 (including substance abuse treatment, education,

8 and prevention services); and

9 ‘‘(B) supporting the active involvement of

10 parents in the education of their children.

11 ‘‘(4) SPECIAL RULE.—In awarding grants and

12 administering the program assisted under this sec13 tion, the State educational agency shall consult with

14 the State liaison for the Head Start collaboration

15 grant program under section 640(a)(5) of the Head

16 Start Act and State agencies that administer early

17 childhood development programs, including programs

18 under the Child Care and Development Block Grant

19 Act of 1990.

20 ‘‘(5) TERM OF GRANT.—Each grant awarded

21 under this part shall be for a period of not more than

22 3 years.

23 ‘‘(c) CONSULTATION.—The Secretary shall consult

24 with the Secretary of Health and Human Services to de25 velop regulations and promote coordination of activities as-
577

•S 1513 RS

1 sisted under this part with the projects funded under the

2 Head Start Transition Project Act, including a process

3 to—

4 ‘‘(1) collect information on program activities

5 and outcomes; and

6 ‘‘(2) disseminate information on model pro7 grams.

8 ‘‘(d) ELIGIBILITY.—

9 ‘‘(1) LOCAL EDUCATIONAL AGENCY CONSOR10 TIUM.—A local educational agency shall be eligible for

11 a grant under this part if such agency—

12 ‘‘(A) receives funds under part A;

13 ‘‘(B) has formed a consortium with one or

14 more early childhood development programs that

15 serve children who will enroll in any elementary

16 school located within the school district of such

17 local educational agency, including, where avail18 able, Head Start programs; and

19 ‘‘(C) agrees to contribute an amount equal

20 to $1 of matching funds for every $1 made avail21 able to the local educational agency to carry out

22 this part, which matching funds may include

23 Federal funds, including funds made available

24 under this Act, and State or local funds (includ25 ing in-kind contributions, fairly evaluated).
578

•S 1513 RS

1 ‘‘(2) COOPERATING AGENCY.—A nonprofit agen2 cy or institution of higher education with experience

3 in early childhood development may participate in a

4 consortium formed under paragraph (1)(B) in devel5 oping, operating, and evaluating programs assisted

6 under this part, including developing or implement7 ing model approaches to developmentally appropriate

8 curricula.

9 ‘‘(e) FOLLOW THROUGH GRANTEES.—A local edu10 cational agency that is receiving assistance through a pro11 gram under the Follow Through Act shall also be eligible

12 for a grant under this part to complete their Follow

13 Through grant cycle if such agency meets the requirements

14 of subsection (d)(1).

15 ‘‘(f) REQUIREMENTS.—

16 ‘‘(1) IN GENERAL.—To the extent practicable, the

17 State educational agency shall award grants under

18 this part to consortia in both rural and urban areas.

19 ‘‘(2) CRITERIA.—In awarding grants under this

20 part, the State educational agency shall consider—

21 ‘‘(A) the commitment of the members of the

22 consortium to the program for which assistance

23 under this part is requested;
579

•S 1513 RS

1 ‘‘(B) the proportion of low-income children

2 in the school attendance area where the program

3 assisted under this part will be located; and

4 ‘‘(C) the quality of information and plans

5 in the application.

6 ‘‘(3) PRIORITY.—In awarding grants under this

7 part, the State educational agency shall give priority

8 to applicants that—

9 ‘‘(A) will operate a program under this

10 part at a school designated for a schoolwide pro11 gram under section 1114;

12 ‘‘(B) serve local educational agencies that

13 have the highest number or percentage of poor

14 children; and

15 ‘‘(C) demonstrate a significant commitment

16 by the community to the proposed program, as

17 evidenced by the level of resources, both cash and

18 in-kind, from other public and private sources

19 available to the consortium.

20 ‘‘(g) APPLICATION.—

21 ‘‘(1) IN GENERAL.—Each local educational agen22 cy consortium seeking a grant under this part shall

23 submit an application to the State educational agen24 cy according to guidelines established by the Sec25 retary. Each such application shall include—
580

•S 1513 RS

1 ‘‘(A) a description of the activities and serv2 ices for which assistance is sought;

3 ‘‘(B) a description of members of the consor4 tium formed under subsection (d)(1)(B), includ5 ing any cooperating agency;

6 ‘‘(C) a self-assessment of the programs of the

7 individual consortium members to address the

8 health, immunization, mental health, nutrition,

9 parenting education, literacy, social service (in10 cluding substance abuse treatment, education,

11 and prevention), and educational needs of low12 income students and their families, including the

13 use of a developmentally appropriate curricula,

14 such as a model approach developed under the

15 Follow Through Act;

16 ‘‘(D) a plan for the development of a sup17 portive services team of family service coordina18 tors to—

19 ‘‘(i) assist families, administrators,

20 and teachers to respond to health, immuni21 zation, mental health, nutrition, social serv22 ice, and educational needs of students;

23 ‘‘(ii) conduct home visits and help stu24 dents and their families to obtain health,

25 immunization, mental health, nutrition,
581

•S 1513 RS

1 parenting education, literacy, education

2 (including tutoring and remedial services),

3 and social services (including substance

4 abuse treatment, education, and preven5 tion), for which such students and their

6 families are eligible;

7 ‘‘(iii) coordinate a family outreach

8 and support program, including a plan for

9 involving parents in the management of the

10 program assisted under this part, in co11 operation with parental involvement efforts

12 undertaken pursuant to this title, the Head

13 Start Act, and the Individuals with Dis14 abilities Education Act, including school15 parent compacts, parent volunteer activi16 ties, parent education services such as the

17 Even Start program, and regular meetings;

18 ‘‘(iv) assist families, administrators,

19 and teachers in enhancing developmental

20 continuity between the programs assisted

21 under the Head Start Act, other early child22 hood development programs, and elementary

23 school classes; and

24 ‘‘(v) prepare a plan for the transition

25 of each child from Head Start, or other
582

•S 1513 RS

1 early childhood development program, to

2 kindergarten, including—

3 ‘‘(I) a meeting of the early child4 hood development program teacher

5 with the kindergarten teacher and the

6 child’s parents to discuss the transition

7 of each child and to address any par8 ticular educational needs of such child;

9 and

10 ‘‘(II) the transfer of knowledge

11 about the child, including the transfer

12 (with parental consent) of written

13 records from the early childhood devel14 opment program teacher to the kinder15 garten teacher to become part of the

16 school record of the child;

17 ‘‘(E) the designation of a member of the

18 supportive services team described in subpara19 graph (D) who will serve as the supervisor of

20 such supportive services team;

21 ‘‘(F) assurances that State agencies, local

22 agencies, and community-based organizations

23 that provide supportive services to low-income

24 students served by the local educational agency
583

•S 1513 RS

1 consortium have been consulted in the prepara2 tion of the plan described in subparagraph (D);

3 ‘‘(G) assurances that State agencies, local

4 agencies, and community-based organizations

5 that provide supportive services to low-income

6 students served by the local educational agency

7 consortium will designate an individual who

8 will act as a liaison to the supportive services

9 team described in subparagraph (D);

10 ‘‘(H) a description of the target population

11 to be served by the supportive services team de12 scribed in subparagraph (D), including families

13 previously served under part C, the Head Start

14 Act, or other comparable early childhood develop15 ment program;

16 ‘‘(I) a description of the supportive services

17 to be provided, directly or through referral;

18 ‘‘(J) a plan to ensure the smooth transition

19 of children served under part C, the Head Start

20 Act, the Individuals with Disabilities Education

21 Act, and other comparable early childhood devel22 opment programs, to elementary schools;

23 ‘‘(K) assurances that, and a plan describing

24 how, families will be involved in the design and
584

•S 1513 RS

1 operation of the program assisted under this

2 part;

3 ‘‘(L) a description of the Federal and non4 Federal resources that will be used to carry out

5 the program;

6 ‘‘(M) if the applicant is receiving assistance

7 through a program under the Follow Through

8 Act—

9 ‘‘(i) a description of the activities that

10 will be funded under this part and the ac11 tivities that are funded with assistance pro12 vided under the Follow Through Act; and

13 ‘‘(ii) a description of the manner in

14 which activities funded under this part and

15 activities funded with assistance provided

16 under the Follow Through Act will be co17 ordinated within the elementary school;

18 ‘‘(N) assurances that the supportive services

19 described in subparagraph (D) will be equipped

20 to assist children and families with limited-Eng21 lish proficiency and disabilities, if appropriate;

22 ‘‘(O) a plan describing how the program as23 sisted under this part will be sustained, with

24 funding received under part A or other Federal
585

•S 1513 RS

1 and non-Federal funding sources, after the grant

2 has expired;

3 ‘‘(P) program goals and a methodology to

4 measure progress toward achieving such goals;

5 and

6 ‘‘(Q) such other information as the Sec7 retary may reasonably require.

8 ‘‘(2) SPECIAL RULE.—Each supportive services

9 team developed pursuant to paragraph (1)(D) shall

10 include at least 1 family service coordinator for every

11 35 children to be served.

12 ‘‘(h) EVALUATION AND REPORT.—

13 ‘‘(1) EVALUATION.—The Secretary, in coopera14 tion with the Secretary of Health and Human Serv15 ices shall, through grants, contracts, or cooperative

16 agreements, provide for the evaluation of the pro17 grams assisted under this part. To the extent prac18 ticable, such evaluation shall be conducted jointly

19 with evaluations of the Head Start Transition

20 Projects.

21 ‘‘(2) INFORMATION.—Each State educational

22 agency shall furnish to the Secretary such informa23 tion as the Secretary shall request to carry out the

24 evaluation described in paragraph (1).
586

•S 1513 RS

1 ‘‘SEC. 1202. COORDINATION REQUIREMENTS.

2 ‘‘(a) IN GENERAL.—Each local educational agency re3 ceiving assistance under section 1113 may use such assist4 ance to carry out the activities described in subsection (b)

5 to the extent feasible and appropriate to the circumstances,

6 including the extent to which such local educational agency

7 is able to secure the cooperation of parents and local Head

8 Start agencies and, if feasible, other early childhood devel9 opment programs.

10 ‘‘(b) ACTIVITIES.—The activities referred to in sub11 section (a) are activities that increase coordination between

12 the local educational agency and a Head Start agency, and,

13 if feasible, other early childhood development programs,

14 serving children who will attend the schools of such agency,

15 including—

16 ‘‘(1) developing and implementing a systematic

17 procedure for receiving records regarding such chil18 dren transferred with parental consent from a Head

19 Start program or, where applicable, other early child20 hood development programs;

21 ‘‘(2) establishing channels of communication be22 tween school staff and their counterparts in such

23 Head Start agencies (including teachers, social work24 ers, and health staff) or other early childhood develop25 ment programs, as appropriate, to facilitate coordina26 tion of programs;
587

•S 1513 RS

1 ‘‘(3) conducting meetings involving parents, kin2 dergarten or elementary school teachers, and Head

3 Start teachers or, if appropriate, teachers from other

4 early childhood development programs, to discuss the

5 developmental and other needs of individual children;

6 and

7 ‘‘(4) organizing and participating in joint tran8 sition related training of school staff, Head Start

9 staff, and, where appropriate, other early childhood

10 staff.

11 ‘‘(c) COORDINATION OF REGULATIONS.—The Secretary

12 shall work with the Secretary of Health and Human Serv13 ices to coordinate regulations promulgated under this part

14 with regulations promulgated under the Head Start Act

15 Amendments of 1994.

16 ‘‘SEC. 1203. DEFINITIONS.

17 ‘‘As used in this part:

18 ‘‘(1) DEVELOPMENTALLY APPROPRIATE CURRICU19 LUM.—The term ‘developmentally appropriate cur20 riculum’ means a curriculum that is appropriate for

21 the age and all areas of individual development of a

22 child, including educational, physical, emotional, so23 cial, and cognitive development, and communication.

24 ‘‘(2) FAMILY SERVICES COORDINATOR.—The

25 term ‘family services coordinator’ means an individ-
588

•S 1513 RS

1 ual who is trained to assist families in obtaining sup2 portive services. Such individual may be an existing

3 employee of a local educational agency or Head Start

4 agency.

5 ‘‘(3) HEAD START AGENCY.—The term ‘Head

6 Start agency’ means any agency designated as a

7 Head Start agency under the Head Start Act (42

8 U.S.C. 9831 et seq.).

9 ‘‘(4) SUPPORTIVE SERVICES.—The term ‘sup10 portive services’ means services that will enhance the

11 physical, social, emotional, and intellectual develop12 ment of low-income children, including the provision

13 of necessary support to the parents and other family

14 members of such children.

15 ‘‘PART C—EVEN START FAMILY LITERACY

16 PROGRAMS

17 ‘‘SEC. 1301. STATEMENT OF PURPOSE.

18 ‘‘It is the purpose of this part to help break the cycle

19 of poverty and illiteracy by improving the educational op20 portunities of the Nation’s low-income families by integrat21 ing early childhood education, adult literacy or adult basic

22 education, and parenting education into a unified family

23 literacy program, to be referred to as ‘Even Start’. The pro24 gram shall—
589

•S 1513 RS

1 ‘‘(1) be implemented through cooperative projects

2 that build on existing community resources to create

3 a new range of services;

4 ‘‘(2) promote achievement of the National Edu5 cation Goals; and

6 ‘‘(3) assist children and adults from low-income

7 families to achieve to challenging State content stand8 ards and challenging State student performance

9 standards.

10 ‘‘SEC. 1302. PROGRAM AUTHORIZED.

11 ‘‘(a) RESERVATION FOR MIGRANT PROGRAMS, OUTLY12 ING AREAS, AND INDIAN TRIBES.—In each fiscal year, the

13 Secretary shall reserve not more than 5 percent of the

14 amount appropriated under section 1002(b) for programs,

15 under such terms and conditions as the Secretary shall es16 tablish, that are consistent with the purpose of this part,

17 and according to their relative needs, for—

18 ‘‘(1) children of migratory workers;

19 ‘‘(2) the outlying areas; and

20 ‘‘(3) Indian tribes and tribal organizations.

21 ‘‘(b) RESERVATION FOR FEDERAL ACTIVITIES.—From

22 amounts appropriated under section 1002(b), the Secretary

23 may reserve not more than 3 percent of such amounts or

24 the amount reserved to carry out the activities described in
590

•S 1513 RS

1 paragraphs (1) and (2) for the fiscal year 1994, whichever

2 is greater, for purposes of—

3 ‘‘(1) carrying out the evaluation required by sec4 tion 1309; and

5 ‘‘(2) providing, through grants or contracts with

6 eligible organizations, technical assistance, program

7 improvement, and replication activities.

8 ‘‘(c) RESERVATION FOR GRANTS.—

9 ‘‘(1) GRANTS AUTHORIZED.—In any fiscal year

10 in which the amount appropriated to carry out this

11 part exceeds the amount appropriated to carry out

12 this part for the preceding fiscal year, the Secretary

13 may reserve such funds in excess of the amount ap14 propriated for such preceding fiscal years as do not

15 exceed $1,000,000 to award grants, on a competitive

16 basis, to States to enable such States to plan and im17 plement, through literacy resource centers assisted

18 under subpart 7 of part B of the Adult Education

19 Act, statewide family literacy initiatives to coordinate

20 and integrate existing Federal, State, and local lit21 eracy resources consistent with the purposes of this

22 part.

23 ‘‘(2) MATCHING REQUIREMENT.—The Secretary

24 shall not make a grant to a State under paragraph

25 (1) unless the State agrees that, with respect to the
591

•S 1513 RS

1 costs to be incurred by the eligible consortium in car2 rying out the activities for which the grant was

3 awarded, the State will make available non-Federal

4 contributions in an amount equal to not less than the

5 Federal funds provided under the grant.

6 ‘‘(d) STATE ALLOCATION.—

7 ‘‘(1) IN GENERAL.—From amounts appropriated

8 under section 1002(b) and not reserved under sub9 sections (a), (b), and (c), the Secretary shall make

10 grants to States from allocations under paragraph

11 (2).

12 ‘‘(2) ALLOCATIONS.—Except as provided in

13 paragraph (3), from the total amount available for

14 allocation to States in any fiscal year, each State

15 shall be eligible to receive a grant under paragraph

16 (1) in an amount that bears the same ratio to such

17 total amount as the amount allocated under section

18 1122 to that State bears to the total amount allocated

19 under that section to all the States.

20 ‘‘(3) MINIMUM.—No State shall receive a grant

21 under paragraph (1) in any fiscal year in an amount

22 which is less than $250,000, or one-half of 1 percent

23 of the amount appropriated under section 1002(b)

24 and not reserved under subsections (a), (b), and (c)

25 for such year, whichever is greater.
592

•S 1513 RS

1 ‘‘(e) DEFINITIONS.—For the purpose of this part—

2 ‘‘(1) the term ‘eligible entity’ means a partner3 ship composed of both—

4 ‘‘(A) a local educational agency; and

5 ‘‘(B) a nonprofit community-based organi6 zation, a public agency, an institution of higher

7 education, or a public or private nonprofit orga8 nization of demonstrated quality;

9 ‘‘(2) the term ‘eligible organization’ means any

10 public or private nonprofit organization with a

11 record of providing effective services to family literacy

12 providers, such as the National Center for Family

13 Literacy, Parents as Teachers, Inc., the Home In14 struction Program for Preschool Youngsters, and the

15 Home and School Institute, Inc.;

16 ‘‘(3) the terms ‘Indian tribe’ and ‘tribal organi17 zation’ have the meanings given such terms in section

18 4 of the Indian Self-Determination and Education

19 Assistance Act; and

20 ‘‘(4) the term ‘State’ includes each of the 50

21 States, the District of Columbia, and the Common22 wealth of Puerto Rico.
593

•S 1513 RS

1 ‘‘SEC. 1303. STATE PROGRAMS.

2 ‘‘(a) STATE LEVEL ACTIVITIES.—Each State that re3 ceives a grant under section 1302(d)(1) may use not more

4 than 5 percent of the grant funds for the costs of—

5 ‘‘(1) administration; and

6 ‘‘(2) providing, through one or more subgrants or

7 contracts, technical assistance for program improve8 ment and replication, to eligible entities that receive

9 subgrants under subsection (b).

10 ‘‘(b) SUBGRANTS FOR LOCAL PROGRAMS.—

11 ‘‘(1) IN GENERAL.—Each State shall use the

12 grant funds received under section 1302(d)(1) and not

13 reserved under subsection (a) to award subgrants to

14 eligible entities to carry out Even Start programs.

15 ‘‘(2) MINIMUM.—No State shall award a

16 subgrant under paragraph (1) in an amount less

17 than $75,000, except that a State may award one

18 subgrant in each fiscal year of sufficient size, scope,

19 and quality to be effective in an amount less than

20 $75,000 if, after awarding subgrants under para21 graph (1) for such fiscal year in amounts of $75,000

22 or greater, less than $75,000 is available to the State

23 to award such subgrants.

24 ‘‘SEC. 1304. USES OF FUNDS.

25 ‘‘(a) IN GENERAL.—In carrying out a program under

26 this part, a recipient of funds under this part shall use such
594

•S 1513 RS

1 funds to pay the Federal share of the cost of providing fam2 ily-centered education programs that involve parents and

3 children in a cooperative effort to help parents obtain edu4 cational skills and become full partners in the education

5 of their children and to assist children in reaching their

6 full potential as learners.

7 ‘‘(b) FEDERAL SHARE LIMITATION.—

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

9 paragraph (2), the Federal share under this part may

10 not exceed—

11 ‘‘(i) 90 percent of the total cost of the pro12 gram in the first year that such program receives

13 assistance under this part or its predecessor au14 thority;

15 ‘‘(ii) 80 percent in the second such year;

16 ‘‘(iii) 70 percent in the third such year;

17 ‘‘(iv) 60 percent in the fourth such year;

18 and

19 ‘‘(v) 50 percent in any subsequent such

20 year.

21 ‘‘(B) The remaining cost of a program assisted

22 under this part may be provided in cash or in kind,

23 fairly evaluated.

24 ‘‘(2) WAIVER.—The State educational agency

25 may waive, in whole or in part, the cost-sharing re-
595

•S 1513 RS

1 quirement described in paragraph (1) for an eligible

2 entity if such entity—

3 ‘‘(A) demonstrates that such entity other4 wise would not be able to participate in the pro5 gram assisted under this part; and

6 ‘‘(B) negotiates an agreement with the State

7 educational agency with respect to the amount of

8 the remaining cost to which the waiver will be

9 applicable.

10 ‘‘(3) PROHIBITION.—Federal funds provided

11 under this part may not be used for the indirect costs

12 of a program assisted under this part, except that the

13 Secretary may waive this paragraph if an eligible re14 cipient of funds reserved under section 1302(a)(3)

15 demonstrates to the Secretary’s satisfaction that such

16 recipient otherwise would not be able to participate in

17 the program assisted under this part.

18 ‘‘SEC. 1305. PROGRAM ELEMENTS.

19 ‘‘Each program assisted under this part shall—

20 ‘‘(1) include the identification and recruitment

21 of those families most in need of services provided

22 under this part, as indicated by a low level of income,

23 a low level of adult literacy or English language pro24 ficiency of a parent who is an eligible participant,

25 and other need-related indicators;
596

•S 1513 RS

1 ‘‘(2) include screening and preparation of par2 ents, including teenage parents, and children to en3 able such parents and children to participate fully in

4 the activities and services provided under this part,

5 including testing, referral to necessary pupil services,

6 and other developmental and support services;

7 ‘‘(3) be designed to accommodate the partici8 pants’ work and other responsibilities, including the

9 provision of pupil services (when such pupil services

10 are unavailable from other sources) necessary for par11 ticipation in the activities assisted under this part,

12 such as—

13 ‘‘(A) scheduling and location of services to

14 allow joint participation by parents and chil15 dren;

16 ‘‘(B) child care for the period that parents

17 are involved in the program provided under this

18 part; and

19 ‘‘(C) transportation for the purpose of ena20 bling parents and their children to participate

21 in programs authorized by this part;

22 ‘‘(4) include high-quality instructional programs

23 that promote adult literacy, training of parents to

24 support the educational growth of their children, de25 velopmentally appropriate early childhood edu-
597

•S 1513 RS

1 cational services, and preparation of children for suc2 cess in regular school programs;

3 ‘‘(5) include qualified personnel to develop, ad4 minister, and implement the program assisted under

5 this part;

6 ‘‘(6) include special training of staff, including

7 child care staff, to develop the skills necessary to work

8 with parents and young children in the full range of

9 instructional services offered through this part;

10 ‘‘(7) provide and monitor integrated instruc11 tional services to participating parents and children

12 through home-based programs;

13 ‘‘(8) operate on a year-round basis, including the

14 provision of some instructional or enrichment services

15 during the summer months;

16 ‘‘(9) be coordinated with—

17 ‘‘(A) other programs assisted under this

18 title and Act;

19 ‘‘(B) any relevant programs under the

20 Adult Education Act, the Individuals with Dis21 abilities Education Act, and the Job Training

22 Partnership Act; and

23 ‘‘(C) the Head Start program, volunteer lit24 eracy programs, and other relevant programs;
598

•S 1513 RS

1 ‘‘(10) ensure that the programs will serve those

2 families most in need of the activities and services

3 provided by this part;

4 ‘‘(11) provide services under this part to individ5 uals with special needs, such as individuals with lim6 ited-English proficiency and individuals with disabil7 ities;

8 ‘‘(12) encourage eligible participants to remain

9 in the program for a time sufficient to meet the pro10 gram’s purpose; and

11 ‘‘(13) provide for an independent evaluation of

12 the program.

13 ‘‘SEC. 1306. ELIGIBLE PARTICIPANTS.

14 ‘‘(a) IN GENERAL.—Except as provided in subsection

15 (b), eligible participants in an Even Start program are—

16 ‘‘(1) a parent or parents—

17 ‘‘(A) who are eligible for participation in

18 an adult basic education program under the

19 Adult Education Act; or

20 ‘‘(B) who are within the State’s compulsory

21 school attendance age range, so long as a local

22 educational agency provides (or ensures the

23 availability of) the basic education component

24 required under this part; and
599

•S 1513 RS

1 ‘‘(2) the child or children, from birth through age

2 seven, of any individual described in paragraph (1).

3 ‘‘(b) ELIGIBILITY FOR CERTAIN OTHER PARTICI4 PANTS.—

5 ‘‘(1) IN GENERAL.—Family members of eligible

6 participants described in subsection (a) may partici7 pate in activities and services provided under this

8 part, when appropriate to serve the purpose of this

9 part.

10 ‘‘(2) SPECIAL RULE.—Any family participating

11 in a program assisted under this part that becomes

12 ineligible for such participation as a result of one or

13 more members of the family becoming ineligible for

14 such participation may continue to participate in the

15 program until all members of the family become ineli16 gible for such participation, which—

17 ‘‘(A) in the case of a family in which ineli18 gibility was due to the child or children of such

19 family attaining the age of eight, shall be in two

20 years or when the parent or parents become in21 eligible due to educational advancement, which22 ever occurs first; and

23 ‘‘(B) in the case of a family in which ineli24 gibility was due to the educational advancement

25 of the parent or parents of such family, shall be
600

•S 1513 RS

1 when all children in the family attain the age of

2 eight.

3 ‘‘SEC. 1307. APPLICATIONS.

4 ‘‘(a) SUBMISSION.—To be eligible to receive a subgrant

5 under this part, an eligible entity shall submit an applica6 tion to the State educational agency in such form and con7 taining or accompanied by such information as the State

8 educational agency shall require.

9 ‘‘(b) PLAN.—

10 ‘‘(1) IN GENERAL.—Each such application shall

11 include—

12 ‘‘(A) a description of the program goals;

13 ‘‘(B) a description of the activities and

14 services that will be provided under the program,

15 including a description of how the program will

16 incorporate the program elements required by

17 section 1305;

18 ‘‘(C) a description of the population to be

19 served and an estimate of the number of partici20 pants to be served;

21 ‘‘(D) as appropriate, a description of the

22 applicant’s collaborative efforts with institutions

23 of higher education, community-based organiza24 tions, the State educational agency, private ele25 mentary schools, or eligible organizations in car-
601

•S 1513 RS

1 rying out the program for which assistance is

2 sought; and

3 ‘‘(E) a statement of the methods that will be

4 used—

5 ‘‘(i) to ensure that the programs will

6 serve those families most in need of the ac7 tivities and services provided by this part;

8 ‘‘(ii) to provide services under this

9 part to individuals with special needs, such

10 as individuals with limited-English pro11 ficiency and individuals with disabilities;

12 and

13 ‘‘(iii) to encourage participants to re14 main in the program for a time sufficient

15 to meet the program’s purpose.

16 ‘‘(2) DURATION OF THE PLAN.—Each plan sub17 mitted under paragraph (1)(A) shall—

18 ‘‘(A) remain in effect for the duration of the

19 eligible entity’s participation under this part;

20 and

21 ‘‘(B) be periodically reviewed and revised

22 by the eligible entity as necessary.

23 ‘‘SEC. 1308. AWARD OF SUBGRANTS.

24 ‘‘(a) SELECTION PROCESS.—
602

•S 1513 RS

1 ‘‘(1) IN GENERAL.—The State educational agen2 cy shall establish a review panel in accordance with

3 subsection (b) that will approve applications that—

4 ‘‘(A) are most likely to be successful in—

5 ‘‘(i) meeting the purpose of this part;

6 and

7 ‘‘(ii) effectively implementing the pro8 gram elements required under section 1305;

9 ‘‘(B) demonstrate that the area to be served

10 by such program has a high percentage or a

11 large number of children and families who are in

12 need of such services as indicated by high levels

13 of poverty, illiteracy, unemployment, limited14 English proficiency, or other need-related indica15 tors, including a high percentage of children to

16 be served by the program who reside in a school

17 attendance area eligible for participation in pro18 grams under part A of this title;

19 ‘‘(C) provide services for at least a three20 year age range;

21 ‘‘(D) demonstrate the greatest possible co22 operation and coordination between a variety of

23 relevant service providers in all phases of the

24 program;
603

•S 1513 RS

1 ‘‘(E) include cost-effective budgets, given the

2 scope of the application;

3 ‘‘(F) demonstrate the applicant’s ability to

4 provide the remaining cost required by section

5 1304(b);

6 ‘‘(G) are representative of urban and rural

7 regions of the State; and

8 ‘‘(H) show the greatest promise for provid9 ing models that may be adopted by other local

10 educational agencies.

11 ‘‘(2) REVIEW PANEL.—A review panel shall con12 sist of at least three members, including one early

13 childhood professional, one adult education profes14 sional, and one of the following individuals:

15 ‘‘(A) A representative of a parent-child edu16 cation organization.

17 ‘‘(B) A representative of a community-based

18 literacy organization.

19 ‘‘(C) A member of a local board of edu20 cation.

21 ‘‘(D) A representative of business and in22 dustry with a commitment to education.

23 ‘‘(E) An individual who has been involved

24 in the implementation of programs under this

25 title in the State.
604

•S 1513 RS

1 ‘‘(3) PRIORITY.—The State educational agency

2 shall give priority to awarding subgrants under this

3 subsection to applications describing programs that—

4 ‘‘(A) target services primarily to families

5 whose children reside in attendance areas of

6 schools eligible for schoolwide programs under

7 section 1114; or

8 ‘‘(B) are located in areas designated as

9 empowerment zones or enterprise communities.

10 ‘‘(b) DURATION.—

11 ‘‘(1) IN GENERAL.—Subgrants under this part

12 may be awarded for a period not to exceed four years.

13 ‘‘(2) STARTUP PERIOD.—The State educational

14 agency may provide an eligible recipient, at such re15 cipient’s request, a 3- to 6-month startup period dur16 ing the first year of the 4-year grant period, which

17 may include staff recruitment and training, and the

18 coordination of services, before requiring full imple19 mentation of the program.

20 ‘‘(3) CONTINUING ELIGIBILITY.—In awarding

21 subgrant funds to continue a program under this part

22 for the second, third, or fourth year, the State edu23 cational agency shall review the progress being made

24 toward meeting the objectives of the program after the

25 conclusion of the startup period, if any.
605

•S 1513 RS

1 ‘‘(4) GRANT RENEWAL.—(A) An eligible entity

2 that has previously received a subgrant under this

3 part may reapply under this part for a second

4 subgrant period.

5 ‘‘(B) The Federal share of any subgrant renewed

6 under subparagraph (A) shall not exceed 50 percent

7 in any fiscal year.

8 ‘‘(5) INSUFFICIENT PROGRESS.—The State edu9 cational agency may refuse to award subgrant funds

10 if such agency finds that sufficient progress has not

11 been made toward meeting such objectives, but only

12 after affording the applicant notice and an oppor13 tunity for a hearing.

14 ‘‘SEC. 1309. EVALUATION.

15 ‘‘From funds reserved under section 1302(b)(1), the

16 Secretary shall provide for an independent evaluation of

17 programs assisted under this part—

18 ‘‘(1) to determine the performance and effective19 ness of programs assisted under this part; and

20 ‘‘(2) to identify effective programs assisted under

21 this part that can be duplicated and used in provid22 ing technical assistance to Federal, State, and local

23 programs.
606

•S 1513 RS

1 ‘‘SEC. 1310. CONSTRUCTION.

2 ‘‘Nothing in this part shall be construed to prohibit

3 a recipient of funds under this part from serving students

4 participating in Even Start simultaneously with students

5 with similar educational needs, in the same educational set6 tings where appropriate.

7 ‘‘PART D—EDUCATION OF MIGRATORY CHILDREN

8 ‘‘SEC. 1401. PROGRAM PURPOSE.

9 ‘‘It is the purpose of this part to assist States to—

10 ‘‘(1) support high-quality and comprehensive

11 educational programs for migratory children to help

12 reduce the educational disruptions and other problems

13 that result from repeated moves;

14 ‘‘(2) ensure that migratory children are provided

15 with appropriate educational services (including sup16 portive services) that address their special needs in a

17 coordinated and efficient manner;

18 ‘‘(3) ensure that migratory children have the op19 portunity to meet the same challenging State content

20 standards and challenging State student performance

21 standards that all children are expected to meet;

22 ‘‘(4) design programs to help migratory children

23 overcome educational disruption, cultural and lan24 guage barriers, social isolation, various health-related

25 problems, and other factors that inhibit the ability of

26 such children to do well in school, and to prepare
607

•S 1513 RS

1 such children to make a successful transition to post2 secondary education or employment; and

3 ‘‘(5) ensure that migratory children benefit from

4 State and local systemic reforms.

5 ‘‘SEC. 1402. PROGRAM AUTHORIZED.

6 ‘‘(a) IN GENERAL.—In order to carry out the purpose

7 of this part, the Secretary shall make grants to State edu8 cational agencies, or combinations of such agencies, to es9 tablish or improve, directly or through local operating agen10 cies, programs of education for migratory children in ac11 cordance with this part.

12 ‘‘(b) DEFINITIONS.—As used in this part—

13 ‘‘(1) the term ‘local operating agency’ means—

14 ‘‘(A) a local educational agency to which a

15 State educational agency makes a subgrant

16 under this part;

17 ‘‘(B) a public or private nonprofit agency

18 with which a State educational agency or the

19 Secretary makes an arrangement to carry out a

20 program or project under this part; or

21 ‘‘(C) a State educational agency, if the

22 State educational agency operates the State’s mi23 grant education program or projects directly;

24 and
608

•S 1513 RS

1 ‘‘(2) the term ‘migratory child’ means a child

2 who is, or whose parent or guardian is, a migratory

3 agricultural worker, including a migratory dairy

4 worker, or a migratory fisher, and who, in the preced5 ing 48 months, in order to obtain, or accompany such

6 parent or spouse in order to obtain, temporary or sea7 sonal employment in agricultural or fishing work—

8 ‘‘(A) has moved from one school district to

9 another;

10 ‘‘(B) in a State that is comprised of a sin11 gle school district, has moved from one adminis12 trative area to another within such district; or

13 ‘‘(C) resides in a school district of more

14 than 15,000 square miles, and migrates a dis15 tance of 20 miles or more to a temporary resi16 dence to engage in a fishing activity.

17 ‘‘SEC. 1403. STATE ALLOCATIONS.

18 ‘‘(a) STATE ALLOCATIONS.—Each State (other than

19 the Commonwealth of Puerto Rico) is eligible to receive an

20 allocation under this part, for each fiscal year, in an

21 amount equal to—

22 ‘‘(1) the sum of the estimated number of migra23 tory children aged three through 21 who reside in the

24 State full time and the full-time equivalent of the esti25 mated number of migratory children aged three
609

•S 1513 RS

1 through 21 who reside in the State part time, as de2 termined in accordance with subsection (e); multi3 plied by

4 ‘‘(2) 40 percent of the average per-pupil expendi5 ture in the State, except that the amount determined

6 under this paragraph shall not be less than 32 per7 cent, or more than 48 percent, of the average per8 pupil expenditure in the United States.

9 ‘‘(b) ALLOCATION TO PUERTO RICO.—For each fiscal

10 year, the amount for which the Commonwealth of Puerto

11 Rico is eligible under this section shall be equal to—

12 ‘‘(1) the number of migratory children in Puerto

13 Rico, determined under subsection (a)(1); multiplied

14 by

15 ‘‘(2) the product of—

16 ‘‘(A) the percentage that the average per17 pupil expenditure in Puerto Rico is of the lowest

18 average per-pupil expenditure of any of the 50

19 States; and

20 ‘‘(B) 32 percent of the average per-pupil ex21 penditure in the United States.

22 ‘‘(c) RATABLE REDUCTIONS; REALLOCATIONS.—

23 ‘‘(1) IN GENERAL.—(A) If, after the Secretary re24 serves funds under section 1408(c), the amount appro25 priated to carry out this part for any fiscal year is
610

•S 1513 RS

1 insufficient to pay in full the amounts for which all

2 States are eligible, the Secretary shall ratably reduce

3 each such amount.

4 ‘‘(B) If additional funds become available for

5 making such payments for any fiscal year, the Sec6 retary shall allocate such funds to States in amounts

7 that the Secretary determines will best carry out the

8 purpose of this part.

9 ‘‘(2) SPECIAL RULE.—(A) The Secretary shall

10 further reduce the amount of any grant to a State

11 under this part for any fiscal year if the Secretary

12 determines, based on available information on the

13 numbers and needs of migratory children in the State

14 and the program proposed by the State to address

15 those needs, that such amount is not needed by the

16 State.

17 ‘‘(B) The Secretary shall reallocate such excess

18 funds to other States whose grants under this part

19 would otherwise be insufficient to provide an appro20 priate level of services to migratory children, in such

21 amounts as the Secretary determines are appropriate.

22 ‘‘(d) CONSORTIUM ARRANGEMENTS.—

23 ‘‘(1) IN GENERAL.—In the case of any State that

24 receives a grant of $500,000 or less under this section,

25 the Secretary shall consult with the State educational
611

•S 1513 RS

1 agency to determine whether consortium arrange2 ments with another State or another appropriate en3 tity would result in delivery of services in a more ef4 fective and efficient manner.

5 ‘‘(2) PROPOSALS.—Any State, regardless of the

6 amount of such State’s allocation, may submit a con7 sortium arrangement to the Secretary for approval.

8 ‘‘(3) APPROVAL.—The Secretary shall approve a

9 consortium arrangement under paragraph (1) or (2)

10 if the proposal demonstrates that the arrangement

11 will—

12 ‘‘(A) reduce administrative costs or pro13 gram function costs for State programs; and

14 ‘‘(B) make more funds available for direct

15 services to add substantially to the welfare or

16 educational attainment of children to be served

17 under this part.

18 ‘‘(e) DETERMINING NUMBERS OF ELIGIBLE CHIL19 DREN.—In order to determine the estimated number of mi20 gratory children residing in each State for purposes of this

21 section, the Secretary shall—

22 ‘‘(1) use such information as the Secretary finds

23 most accurately reflects the actual number of migra24 tory children; and
612

•S 1513 RS

1 ‘‘(2) adjust the full-time equivalent number of

2 migratory children who reside in each State to take

3 into account—

4 ‘‘(A) the special needs of those children par5 ticipating in special programs provided under

6 this part that operate during the summer or

7 other intersession periods; and

8 ‘‘(B) the additional costs of operating such

9 programs.

10 ‘‘SEC. 1404. STATE APPLICATIONS; SERVICES.

11 ‘‘(a) APPLICATION REQUIRED.—Any State wishing to

12 receive a grant under this part for any fiscal year shall

13 submit an application to the Secretary at such time and

14 in such manner as the Secretary may require.

15 ‘‘(b) PROGRAM INFORMATION.—Each such application

16 shall include—

17 ‘‘(1) a description of how, in planning, imple18 menting, and evaluating programs and projects as19 sisted under this part, the State and its local operat20 ing agencies will ensure that the special educational

21 needs of migratory children, including preschool mi22 gratory children, are identified and addressed through

23 a comprehensive plan for needs assessment and service

24 delivery that meets the requirements of section 1406;
613

•S 1513 RS

1 ‘‘(2) a description of the steps the State is taking

2 to provide all migratory students with the oppor3 tunity to meet the same challenging State content

4 standards and challenging State student performance

5 standards that all children are expected to meet;

6 ‘‘(3) a description of how the State will use its

7 funds to promote interstate and intrastate coordina8 tion of services for migratory children, including how,

9 consistent with procedures the Secretary may require,

10 the State will provide for educational continuity

11 through the timely transfer of pertinent school

12 records, including information on health, when chil13 dren move from one school to another, whether or not

14 such move occurs during the regular school year;

15 ‘‘(4) a description of the State’s priorities for the

16 use of funds received under this part, and how such

17 priorities relate to the State’s assessment of needs for

18 services in the State; and

19 ‘‘(5) a description of how the State will deter20 mine the amount of any subgrants the State will

21 award to local operating agencies and the amount of

22 funds that such agencies will provide to individual

23 schools, taking into account the requirements of para24 graph (1).
614

•S 1513 RS

1 ‘‘(c) ASSURANCES.—Each such application shall also

2 include assurances, satisfactory to the Secretary, that—

3 ‘‘(1) such programs and projects will be carried

4 out in a manner consistent with the objectives of sec5 tions 1114, 1115(b), 1115(e), 1117, 1120(b), and

6 1120(c), and part G;

7 ‘‘(2) in the planning and operation of such pro8 grams and projects at both the State and local operat9 ing agency level, there is appropriate consultation

10 with parent advisory councils for programs of one

11 school year in duration, and that all such programs

12 and projects are carried out, to the extent feasible, in

13 a manner consistent with section 1116;

14 ‘‘(3) the effectiveness of such programs and

15 projects will be determined, where feasible, using the

16 same approaches and standards that will be used to

17 assess the performance of students, schools, and local

18 educational agencies under part A; and

19 ‘‘(4) to the extent feasible, such programs and

20 projects will provide for—

21 ‘‘(A) advocacy and outreach activities for

22 migratory children and their families, including

23 informing such children and families of, or help24 ing such children and families gain access to,
615

•S 1513 RS

1 other education, health, nutrition, and social

2 services;

3 ‘‘(B) professional development programs, in4 cluding mentoring, for teachers and other pro5 gram personnel;

6 ‘‘(C) family literacy programs, including

7 such programs that use models developed under

8 Even Start;

9 ‘‘(D) the integration of information tech10 nology into educational and related programs;

11 and

12 ‘‘(E) programs to facilitate the transition of

13 secondary school students to postsecondary edu14 cation or employment; and

15 ‘‘(5) the State will assist the Secretary in deter16 mining the number of migratory children under sec17 tion 1403(e), through such procedures as the Secretary

18 may require.

19 ‘‘(d) PRIORITY FOR SERVICES.—In providing services

20 with funds received under this part, each recipient of such

21 funds shall give priority to migratory children who are fail22 ing, or most at risk of failing, to meet the State’s challeng23 ing State content standards and challenging State student

24 performance standards, and whose education has been in25 terrupted during the regular school year.
616

•S 1513 RS

1 ‘‘(e) CONTINUATION OF SERVICES.—Notwithstanding

2 any other provision of this part—

3 ‘‘(1) a child who ceases to be a migratory child

4 during a school term shall be eligible for services until

5 the end of such term; and

6 ‘‘(2) a child who is no longer a migratory child

7 may continue to receive services for one additional

8 school year, but only if comparable services are not

9 available through other programs.

10 ‘‘SEC. 1405. SECRETARIAL APPROVAL; PEER REVIEW.

11 ‘‘(a) SECRETARIAL APPROVAL.—The Secretary shall

12 approve each application under this part that meets the re13 quirements of this part.

14 ‘‘(b) PEER REVIEW.—The Secretary may review any

15 application under this part with the assistance and advice

16 of State officials and other individuals with relevant exper17 tise.

18 ‘‘SEC. 1406. COMPREHENSIVE NEEDS ASSESSMENT AND

19 SERVICE-DELIVERY PLAN; AUTHORIZED AC20 TIVITIES.

21 ‘‘(a) COMPREHENSIVE PLAN.—

22 ‘‘(1) IN GENERAL.—Each State that receives as23 sistance under this part shall ensure that the State

24 and its local operating agencies identify and address
617

•S 1513 RS

1 the special educational needs of migratory children in

2 accordance with a comprehensive State plan that—

3 ‘‘(A) provides that migratory children will

4 have an opportunity to meet the same challeng5 ing State content standards and challenging

6 State student performance standards, set out in

7 such plans, that all children are expected to

8 meet;

9 ‘‘(B) specifies measurable program goals

10 and outcomes;

11 ‘‘(C) encompasses the full range of services

12 that are available for migratory children from

13 appropriate local, State and Federal educational

14 programs;

15 ‘‘(D) is the product of joint planning among

16 such local, State, and Federal programs, includ17 ing programs under part A, early childhood pro18 grams, and bilingual education programs under

19 part A of title VII; and

20 ‘‘(E) provides for the integration of services

21 available under this part with services provided

22 by such other programs.

23 ‘‘(2) DURATION OF THE PLAN.—Each such com24 prehensive State plan shall—
618

•S 1513 RS

1 ‘‘(A) remain in effect for the duration of the

2 State’s participation under this part; and

3 ‘‘(B) be periodically reviewed and revised

4 by the State, as necessary, to reflect changes in

5 the State’s strategies and programs under this

6 part.

7 ‘‘(b) AUTHORIZED ACTIVITIES.—

8 ‘‘(1) IN GENERAL.—In implementing the com9 prehensive plan described in subsection (a), each local

10 operating agency shall have the flexibility to deter11 mine the activities to be provided with funds made

12 available under this part, except that—

13 ‘‘(A) before funds under this part are used

14 to provide services described in subparagraph

15 (B), such funds shall be used to meet the identi16 fied needs of migratory children that—

17 ‘‘(i) result from the effects of their mi18 gratory lifestyle, or are needed to permit

19 migratory children to participate effectively

20 in school; and

21 ‘‘(ii) are not addressed by services pro22 vided under other programs, including pro23 grams under part A;

24 ‘‘(B) all migratory children who are eligible

25 to receive services under part A shall receive such
619

•S 1513 RS

1 services with funds provided under this part or

2 under part A; and

3 ‘‘(C) funds received under this part shall be

4 used only—

5 ‘‘(i) for programs and projects, includ6 ing the acquisition of equipment, in accord7 ance with section 1406(b)(1); and

8 ‘‘(ii) to coordinate such programs and

9 projects with similar programs and projects

10 within the State and in other States, as

11 well as with other Federal programs that

12 can benefit migratory children and their

13 families.

14 ‘‘(2) CONSTRUCTION.—Nothing in this part shall

15 be construed to prohibit a local operating agency from

16 serving migrant students simultaneously with stu17 dents with similar educational needs, in the same

18 educational settings where appropriate.

19 ‘‘(3) INAPPLICABILITY.—This subsection shall

20 not apply to funds under this part that are used for

21 schoolwide programs under section 1114.

22 ‘‘SEC. 1407. BYPASS.

23 ‘‘The Secretary may use all or part of any State’s allo24 cation under this part to make arrangements with any pub-
620

•S 1513 RS

1 lic or nonprofit agency to carry out the purpose of this part

2 in such State if the Secretary determines that—

3 ‘‘(1) the State is unable or unwilling to conduct

4 educational programs for migratory children;

5 ‘‘(2) such arrangements would result in more ef6 ficient and economic administration of such pro7 grams; or

8 ‘‘(3) such arrangements would add substantially

9 to the welfare or educational attainment of such chil10 dren.

11 ‘‘SEC. 1408. COORDINATION OF MIGRANT EDUCATION AC12 TIVITIES.

13 ‘‘(a) IMPROVEMENT OF COORDINATION.—

14 ‘‘(1) IN GENERAL.—The Secretary, in consulta15 tion with the States, may make grants to, or enter

16 into contracts with, State educational agencies, local

17 educational agencies, institutions of higher education,

18 and other public and private entities to improve the

19 interstate and intrastate coordination among such

20 agencies’ educational programs, including the estab21 lishment or improvement of programs for credit ac22 crual and exchange, available to migratory students.

23 ‘‘(2) EXTENSION.—The Secretary may extend

24 until January 1, 1996 the contract for the operation

25 of the migrant student record transfer system under
621

•S 1513 RS

1 section 1203(a)(2)(A) of this Act (as such section was

2 in existence on the day preceding the date of enact3 ment of the Improving America’s Schools Act of

4 1994).

5 ‘‘(b) REPORT.—Not later than October 1, 1995, the

6 Secretary shall submit a report to the Congress regarding

7 the effectiveness of methods used by States to transfer migra8 tory students’ educational and health records.

9 ‘‘(c) AVAILABILITY OF FUNDS.—For the purpose of

10 carrying out this section in any fiscal year, the Secretary

11 shall reserve not more than $6,000,000 of the amount ap12 propriated to carry out this part for such year.

13 ‘‘(d) INCENTIVE GRANTS.—From the amounts made

14 available to carry out this section, the Secretary may re15 serve not more than $1,500,000 to award grants in amounts

16 of not more than $100,000 to each State educational agency

17 entering into a consortium agreement described in section

18 1403(d).

19 ‘‘PART E—EDUCATION FOR NEGLECTED AND

20 DELINQUENT YOUTH

21 ‘‘SEC. 1501. PURPOSE; PROGRAM AUTHORIZED.

22 ‘‘(a) PURPOSE.—It is the purpose of this part to—

23 ‘‘(1) improve educational services to children in

24 institutions for neglected or delinquent children so

25 that such children have the opportunity to meet the
622

•S 1513 RS

1 same challenging State content standards and chal2 lenging State student performance standards that all

3 children in the State will be expected to meet; and

4 ‘‘(2) provide such children the services such chil5 dren need to make a successful transition from insti6 tutionalization to further schooling or employment.

7 ‘‘(b) PROGRAM AUTHORIZED.—In order to carry out

8 the purpose of this part, the Secretary shall make grants

9 to State educational agencies to enable such State edu10 cational agencies to award subgrants to State agencies to

11 establish or improve programs of education for neglected or

12 delinquent children in accordance with this part.

13 ‘‘SEC. 1502. ELIGIBILITY.

14 ‘‘A State agency is eligible for assistance under this

15 part if such State agency is responsible for providing free

16 public education for children—

17 ‘‘(1) in institutions for neglected or delinquent

18 children;

19 ‘‘(2) attending community day programs for ne20 glected or delinquent children; or

21 ‘‘(3) in adult correctional institutions.

22 ‘‘SEC. 1503. ALLOCATION OF FUNDS.

23 ‘‘(a) SUBGRANTS TO STATE AGENCIES.—

24 ‘‘(1) IN GENERAL.—Each State agency described

25 in section 1502 (other than an agency in the Com-
623

•S 1513 RS

1 monwealth of Puerto Rico) is eligible to receive a

2 subgrant under this part, for each fiscal year, an

3 amount equal to the product of—

4 ‘‘(A) the number of neglected or delinquent

5 children described in section 1502 who—

6 ‘‘(i) are enrolled for at least 15 hours

7 per week in education programs in adult

8 correctional institutions; and

9 ‘‘(ii) are enrolled for at least 20 hours

10 per week—

11 ‘‘(I) in education programs in in12 stitutions for neglected or delinquent

13 children; or

14 ‘‘(II) in community day programs

15 for neglected or delinquent children;

16 and

17 ‘‘(B) 40 percent of the average per-pupil ex18 penditure in the State, except that the amount

19 determined under this paragraph shall not be

20 less than 32 percent, or more than 48 percent, of

21 the average per-pupil expenditure in the United

22 States.

23 ‘‘(2) SPECIAL RULE.—The number of neglected

24 or delinquent children determined under paragraph

25 (1) shall—
624

•S 1513 RS

1 ‘‘(A) be determined by the State agency by

2 a date or dates set by the Secretary, except that

3 no State agency shall be required to determine

4 the number of such children on a specific date set

5 by the Secretary; and

6 ‘‘(B) be adjusted, as the Secretary deter7 mines is appropriate, to reflect the relative

8 length of such agency’s annual programs.

9 ‘‘(b) SUBGRANTS TO STATE AGENCIES IN PUERTO

10 RICO.—For each fiscal year, the amount of the subgrant

11 for which a State agency in the Commonwealth of Puerto

12 Rico is eligible under this part shall be equal to—

13 ‘‘(1) the number of children counted under sub14 section (a)(1) for Puerto Rico; multiplied by

15 ‘‘(2) the product of—

16 ‘‘(A) the percentage that the average per17 pupil expenditure in Puerto Rico is of the lowest

18 average per-pupil expenditure of any of the 50

19 States; and

20 ‘‘(B) 32 percent of the average per-pupil ex21 penditure in the United States.

22 ‘‘(c) RATABLE REDUCTIONS IN CASE OF INSUFFICIENT

23 APPROPRIATIONS.—If the amount appropriated for any fis24 cal year for subgrants under subsections (a) and (b) is in25 sufficient to pay the full amount for which all agencies are
625

•S 1513 RS

1 eligible under such subsections, the Secretary shall ratably

2 reduce each such amount.

3 ‘‘(d) PAYMENTS TO STATE EDUCATIONAL AGENCIES.—

4 ‘‘(1) IN GENERAL.—The Secretary shall pay to

5 each State educational agency the total amount need6 ed to make subgrants to State agencies in that State,

7 as determined under this section.

8 ‘‘(2) ADMINISTRATIVE EXPENSES.—Each State

9 educational agency may retain a portion of such total

10 amount for State administration of, in accordance

11 with section 1701(b).

12 ‘‘SEC. 1504. STATE REALLOCATION OF FUNDS.

13 ‘‘If a State educational agency determines that a State

14 agency does not need the full amount of the subgrant for

15 which such State agency is eligible under this part for any

16 fiscal year, the State educational agency may reallocate the

17 amount that will not be needed to other State agencies that

18 need additional funds to carry out the purpose of this part,

19 in such amounts as the State educational agency shall de20 termine.

21 ‘‘SEC. 1505. STATE PLAN AND STATE AGENCY APPLICA22 TIONS.

23 ‘‘(a) STATE PLAN.—

24 ‘‘(1) IN GENERAL.—Each State educational

25 agency that desires to receive payments under this
626

•S 1513 RS

1 part shall submit, for approval by the Secretary, a

2 plan for meeting the needs of neglected and delinquent

3 children, which shall be revised and updated as need4 ed to satisfy the requirements of this section.

5 ‘‘(2) CONTENTS.—Each such State plan shall—

6 ‘‘(A) describe the program goals, objectives,

7 and performance measures established by the

8 State that will be used to assess the effectiveness

9 of the program in improving academic and voca10 tional skills of children in the program;

11 ‘‘(B) provide that, to the extent feasible,

12 such children will have the same opportunities to

13 learn as such children would have if such chil14 dren were in the schools of local educational

15 agencies in the State; and

16 ‘‘(C) contain assurances that the State edu17 cational agency will—

18 ‘‘(i) ensure that programs assisted

19 under this part will be carried out in ac20 cordance with the State plan described in

21 this subsection; and

22 ‘‘(ii) carry out the evaluation require23 ments of section 1509 of this part.

24 ‘‘(3) DURATION OF THE PLAN.—Each such State

25 plan shall—
627

•S 1513 RS

1 ‘‘(A) remain in effect for the duration of the

2 State’s participation under this part; and

3 ‘‘(B) be periodically reviewed and revised

4 by the State, as necessary, to reflect changes in

5 the State’s strategies and programs under this

6 part.

7 ‘‘(b) SECRETARIAL APPROVAL; PEER REVIEW.—

8 ‘‘(1) IN GENERAL.—The Secretary shall approve

9 each State plan that meets the requirements of this

10 part.

11 ‘‘(2) PEER REVIEW.—The Secretary may review

12 any State plan with the assistance and advice of in13 dividuals with relevant expertise.

14 ‘‘(c) STATE AGENCY APPLICATIONS.—Any State agen15 cy that desires to receive funds to carry out a program

16 under this part shall submit an application to the State

17 educational agency that—

18 ‘‘(1) describes the procedures to be used, consist19 ent with the State plan under part A, to assess the

20 educational needs of the children to be served;

21 ‘‘(2) describes the program, including a budget

22 for the first year of the program, with annual updates

23 to be provided to the State educational agency;

24 ‘‘(3) describes how the program will meet the

25 goals and objectives of the State plan under this part;
628

•S 1513 RS

1 ‘‘(4) describes how the State agency will consult

2 with experts and provide the necessary training for

3 appropriate staff, to ensure that the planning and op4 eration of institution-wide projects under section 1507

5 are of high quality;

6 ‘‘(5) describes how the agency will carry out the

7 evaluation requirements of section 1509 and how the

8 results of the most recent evaluation were used to plan

9 and improve the program;

10 ‘‘(6) includes data showing that the State agency

11 has maintained fiscal effort as if such agency were a

12 local educational agency, in accordance with section

13 10501;

14 ‘‘(7) describes how the programs will be coordi15 nated with other State and Federal programs admin16 istered by the State agency;

17 ‘‘(8) describes how appropriate professional de18 velopment will be provided to teachers and other staff;

19 and

20 ‘‘(9) designates an individual in each affected

21 institution to be responsible for issues relating to the

22 transition of children from the institution to locally

23 operated programs.

24 ‘‘SEC. 1506. USE OF FUNDS.

25 ‘‘(a) IN GENERAL.—
629

•S 1513 RS

1 ‘‘(1) IN GENERAL.—A State agency shall use

2 funds received under this part only for programs and

3 projects that—

4 ‘‘(A) are consistent with the State plan de5 scribed in section 1505(a); and

6 ‘‘(B) concentrate on providing participants

7 with the knowledge and skills needed to make a

8 successful transition to further education or em9 ployment.

10 ‘‘(2) USES.—Such programs and projects—

11 ‘‘(A) may include the acquisition of equip12 ment;

13 ‘‘(B) shall be designed to support edu14 cational services that—

15 ‘‘(i) except for institution-wide projects

16 under section 1507, are provided to children

17 identified by the State agency as failing, or

18 most at risk of failing, to meet the State’s

19 challenging State content standards and

20 challenging State student performance

21 standards;

22 ‘‘(ii) supplement and improve the

23 quality of the educational services provided

24 to such children by the State agency; and
630

•S 1513 RS

1 ‘‘(iii) afford such children an oppor2 tunity to learn such standards;

3 ‘‘(C) shall be carried out in a manner con4 sistent with section 1120(b) and part G; and

5 ‘‘(D) may include the costs of meeting the

6 evaluation requirements of section 1509.

7 ‘‘(b) SUPPLEMENT, NOT SUPPLANT.—A program

8 under this part that supplements the number of hours of

9 instruction students receive from State and local sources

10 shall be considered to comply with the ‘supplement, not sup11 plant’ requirement of section 1120(b) without regard to the

12 subject areas in which instruction is given during those

13 hours.

14 ‘‘SEC. 1507. INSTITUTION-WIDE PROJECTS.

15 ‘‘(a) PROJECTS AUTHORIZED.—A State agency that

16 provides free public education for children in an institution

17 for neglected or delinquent children (other than an adult

18 correctional institution) or attending a community-day

19 program for such children may use funds received under

20 this part to serve all children in, and upgrade the entire

21 educational effort of, that institution or program if the

22 State agency has developed, and the State educational agen23 cy has approved, a comprehensive plan for that institution

24 or program that—
631

•S 1513 RS

1 ‘‘(1) provides for a comprehensive assessment of

2 the educational needs of all individuals under the age

3 of 21 in the institution or program;

4 ‘‘(2) describes the steps the State agency has

5 taken, or will take, to provide all children under age

6 21 with the opportunity to meet challenging State

7 content standards and challenging State student per8 formance standards in order to improve the likelihood

9 that such children will complete secondary school and

10 find employment after leaving the institution;

11 ‘‘(3) describes the instructional program, pupil

12 services, and procedures that will be used to meet the

13 needs described in paragraph (1), including, to the

14 extent feasible, the provision of mentors for students;

15 ‘‘(4) specifically describes how such funds will be

16 used;

17 ‘‘(5) describes the measures and procedures that

18 will be used to assess student progress;

19 ‘‘(6) describes how the agency has planned, and

20 will implement and evaluate, the institution-wide or

21 program-wide project in consultation with personnel

22 providing direct instructional services and support

23 services in institutions or community-day programs

24 for neglected or delinquent children and personnel

25 from the State educational agency; and
632

•S 1513 RS

1 ‘‘(7) includes an assurance that the State agency

2 has provided for appropriate training to teachers and

3 other instructional and administrative personnel to

4 enable such teachers and personnel to carry out the

5 project effectively.

6 ‘‘(b) PROJECTS REQUIRED.—Beginning with school

7 year 1996–1997, a State agency described in subsection (a)

8 shall use funds received under this part only for institution9 wide projects described in that subsection, except as pro10 vided in section 1510.

11 ‘‘SEC. 1508. THREE-YEAR PROJECTS.

12 ‘‘If a State agency operates a program or project under

13 this part in which individual children are likely to partici14 pate for more than one year, the State educational agency

15 may approve the State agency’s application for a subgrant

16 under this part for a period of not more than three years.

17 ‘‘SEC. 1509. PROGRAM EVALUATIONS.

18 ‘‘(a) SCOPE OF EVALUATION.—Each State agency that

19 conducts a program or project under this part shall evalu20 ate the program or project at least once every three years,

21 disaggregating data on participants by sex, and if feasible,

22 race, ethnicity or age, to determine the program or project’s

23 impact on the ability of participants to—

24 ‘‘(1) maintain and improve educational achieve25 ment;
633

•S 1513 RS

1 ‘‘(2) accrue school credits that meet State re2 quirements for grade promotion and secondary school

3 graduation;

4 ‘‘(3) make the transition to a regular program or

5 other education program operated by a local edu6 cational agency; and

7 ‘‘(4) complete secondary school and obtain em8 ployment after participants leave the institution.

9 ‘‘(b) EVALUATION MEASURES.—In conducting each

10 such evaluation with respect to subsection (a)(1), a State

11 agency shall use multiple and appropriate measures of stu12 dent progress.

13 ‘‘(c) EVALUATION RESULTS.—Each State agency

14 shall—

15 ‘‘(1) submit the results of each evaluation under

16 this section to the State educational agency; and

17 ‘‘(2) use the results of evaluations under this sec18 tion to plan and improve subsequent programs for

19 participating children.

20 ‘‘SEC. 1510. TRANSITION SERVICES.

21 ‘‘(a) TRANSITION SERVICES.—Each State agency may

22 reserve not more than 10 percent of the amount such agency

23 receives under this part for any fiscal year to support

24 projects that facilitate the transition of children from State-
634

•S 1513 RS

1 operated institutions for neglected and delinquent children

2 into locally operated programs.

3 ‘‘(b) CONDUCT OF PROJECTS.—A project supported

4 under this section may be conducted directly by the State

5 agency, or through a contract or other arrangement with

6 one or more local educational agencies, other public agen7 cies, or private nonprofit organizations.

8 ‘‘(c) LIMITATION.—Any funds reserved under sub9 section (a) shall be used only to provide special educational

10 services, which may include pupil services and mentoring,

11 to neglected and delinquent children in schools other than

12 State-operated institutions.

13 ‘‘(d) CONSTRUCTION.—Nothing in this section shall be

14 construed to prohibit a school that receives funds under sub15 section (a) from serving neglected and delinquent children

16 simultaneously with students with similar educational

17 needs, in the same educational settings where appropriate.

18 ‘‘SEC. 1511. DEFINITIONS.

19 ‘‘For the purpose of this part—

20 ‘‘(1) the term ‘adult correctional institution’

21 means a facility in which persons are confined as a

22 result of a conviction for a criminal offense, including

23 persons under 21 years of age;

24 ‘‘(2) the term ‘community day program’ means

25 a regular program of instruction provided by a State
635

•S 1513 RS

1 agency at a community day school operated specifi2 cally for neglected or delinquent children;

3 ‘‘(3) the term ‘institution for delinquent children’

4 means a public or private residential facility for the

5 care of children who have been adjudicated to be de6 linquent or in need of supervision; and

7 ‘‘(4) the term ‘institution for neglected children’

8 means a public or private residential facility, other

9 than a foster home, that is operated for the care of

10 children who have been committed to the institution

11 or voluntarily placed in the institution under appli12 cable State law, due to abandonment, neglect, or

13 death of their parents or guardians.

14 ‘‘PART F—FEDERAL EVALUATIONS AND

15 DEMONSTRATIONS

16 ‘‘SEC. 1601. EVALUATIONS.

17 ‘‘(a) NATIONAL ASSESSMENT.—

18 ‘‘(1) IN GENERAL.—The Secretary shall conduct

19 a national assessment of programs assisted under this

20 title, in coordination with the ongoing Chapter 1

21 Longitudinal Study under subsection (c) of this sec22 tion, that shall be planned, reviewed, and conducted

23 in consultation with an independent panel of re24 searchers, State practitioners, local practitioners, and

25 other appropriate individuals.
636

•S 1513 RS

1 ‘‘(2) EXAMINATION.—The assessment shall exam2 ine how well schools, local educational agencies, and

3 States—

4 ‘‘(A) are progressing toward the goal of all

5 children served under this title reaching the

6 State’s challenging State content standards and

7 challenging State student performance standards;

8 and

9 ‘‘(B) are accomplishing the purpose set forth

10 in section 1001(d) to achieve the goal described

11 in paragraph (1), including—

12 ‘‘(i) ensuring challenging State content

13 standards and challenging State student

14 performance standards for all children

15 served under this title and aligning the ef16 forts of States, local educational agencies,

17 and schools to help such children reach such

18 standards;

19 ‘‘(ii) providing children served under

20 this title an enriched and accelerated edu21 cational program through schoolwide pro22 grams or through additional services that

23 increase the amount and quality of instruc24 tional time that such children receive;
637

•S 1513 RS

1 ‘‘(iii) promoting schoolwide reform and

2 access for all children served under this title

3 to effective instructional strategies and chal4 lenging academic content;

5 ‘‘(iv) significantly upgrading the qual6 ity of the curriculum and instruction by

7 providing staff in participating schools

8 with substantial opportunities for profes9 sional development;

10 ‘‘(v) coordinating services provided

11 under all parts of this title with each other,

12 with other educational and pupil services,

13 including preschool services, and, to the ex14 tent feasible, with health and social service

15 programs funded from other sources;

16 ‘‘(vi) affording parents of children

17 served under this title meaningful opportu18 nities to participate in the education of

19 their children at home and at school;

20 ‘‘(vii) distributing resources to areas

21 where needs are greatest;

22 ‘‘(viii) improving accountability, as

23 well as teaching and learning, by making

24 assessments under this title congruent with

25 State assessment systems; and
638

•S 1513 RS

1 ‘‘(ix) providing greater decisionmaking

2 authority and flexibility to schools in ex3 change for greater responsibility for student

4 performance.

5 ‘‘(3) NAEP INFORMATION.—Where feasible, the

6 Secretary shall use information gathered by the Na7 tional Assessment of Educational Progress in carry8 ing out this subsection.

9 ‘‘(4) INTERIM AND FINAL REPORTS.—The Sec10 retary shall submit an interim report summarizing

11 the preliminary findings of the assessment to the

12 President and the appropriate committees of the Con13 gress and a final report of the findings of the assess14 ment by January 1, 1998.

15 ‘‘(b) STUDIES AND DATA COLLECTION.—

16 ‘‘(1) IN GENERAL.—The Secretary may collect

17 such data, as necessary, at the State, local, and school

18 levels and conduct studies and evaluations, including

19 national studies and evaluations, to assess on an on20 going basis the effectiveness of programs under this

21 title and to report on such effectiveness on a periodic

22 basis.

23 ‘‘(2) MINIMUM INFORMATION.—At a minimum,

24 the Secretary shall collect trend information on the ef25 fect of programs under this title. Such data shall com-
639

•S 1513 RS

1 plement the data collected and reported under sub2 sections (a) and (c).

3 ‘‘(c) NATIONAL LONGITUDINAL STUDY.—

4 ‘‘(1) IN GENERAL.—The Secretary shall carry

5 out an ongoing evaluation of the program assisted

6 under part A of title I in order to provide the public,

7 the Congress, and educators involved in such pro8 gram, an accurate description of the short- and long9 term effectiveness of such program and to provide in10 formation that can be used to improve such program’s

11 effectiveness in enabling students to meet high State

12 content standards and State student performance

13 standards, graduate from secondary school, and make

14 successful transitions to postsecondary education and

15 work. Such evaluation shall—

16 ‘‘(A) have a longitudinal design that tracks

17 cohorts of students within schools of differing

18 poverty concentrations for at least 3 years which,

19 when the cohorts are taken as a whole, provides

20 a picture of such program’s effectiveness over the

21 elementary and secondary grades;

22 ‘‘(B) be separate and independent from

23 State and local assessments an evaluations re24 quired under this part and consistent with meas25 uring the achievement of students to relative to
640

•S 1513 RS

1 high State content standards and State student

2 performance standards;

3 ‘‘(C) utilize the highest available content

4 standards that are generally accepted as na5 tional in scope;

6 ‘‘(D) provide information on all students,

7 students served under this part, and, if funds are

8 sufficient, information on students from low-in9 come families, limited-English proficient stu10 dents, and students with disabilities; and

11 ‘‘(E) when feasible, collect, cross-tabulate,

12 and report data by sex within race or ethnicity

13 and socioeconomic status.

14 ‘‘(2) USE.—The Secretary shall use the results of

15 the evaluation described in paragraph (1) as part of

16 the national assessment required by subsection (a)

17 and shall report the data from such evaluation to the

18 Congress and the public at least as frequently as re19 ports are made under subsection (a)(4).

20 ‘‘(d) DEVELOPMENTALLY APPROPRIATE MEASURES.—

21 In conducting the national assessment under subsection (a)

22 and the national longitudinal study under subsection (b),

23 the Secretary shall use developmentally appropriate meas24 ures to assess student performance and progress.
641

•S 1513 RS

1 ‘‘(e) STUDY ON ESTIMATING STATE CHILD POVERTY

2 COUNTS.—The Secretary shall—

3 ‘‘(1) conduct a study to determine whether a fea4 sible method exists for producing reliable estimates,

5 between decennial census counts, of the number of

6 school-aged children living in poverty by State in

7 each of the 50 States, the District of Columbia, and

8 the Commonwealth of Puerto Rico; and

9 ‘‘(2) use such a method, if one exists, to provide

10 the Congress with such estimates.

11 ‘‘SEC. 1602. DEMONSTRATIONS OF INNOVATIVE PRACTICES.

12 ‘‘(a) DEMONSTRATION PROGRAMS TO IMPROVE

13 ACHIEVEMENT.—

14 ‘‘(1) IN GENERAL.—From the funds appro15 priated for any fiscal year under section 1002(g)(2),

16 the Secretary may make grants to State educational

17 agencies, local educational agencies, other public

18 agencies, nonprofit organizations, and consortia of

19 such entities to carry out demonstration projects that

20 show the most promise of enabling children served

21 under this title to meet challenging State content

22 standards and challenging State student performance

23 standards. Such projects shall include promising

24 strategies such as—
642

•S 1513 RS

1 ‘‘(A) accelerated curricula, the application

2 of new technologies to improve teaching and

3 learning, extended learning time, and a safe and

4 enriched full-day environment for children to

5 provide children the opportunity to reach such

6 standards;

7 ‘‘(B) coordinated pupil services programs;

8 ‘‘(C) integration of education services with

9 each other and with health, family, and other so10 cial services, particularly in empowerment zones

11 and enterprise communities;

12 ‘‘(D) effective approaches to whole school re13 form;

14 ‘‘(E) programs that have been especially ef15 fective with limited-English proficient children,

16 migratory children and other highly mobile stu17 dents, children leaving institutions for neglected

18 or delinquent children and returning to school,

19 and homeless children and youth; and

20 ‘‘(F) programs which are especially effective

21 in recruiting, inducting and retraining highly

22 qualified teachers for service in schools with low

23 student achievement.

24 ‘‘(2) EVALUATION.—The Secretary shall evaluate

25 the demonstration projects supported under this title,
643

•S 1513 RS

1 using rigorous methodological designs and techniques,

2 including control groups and random assignment, to

3 the extent feasible, to produce reliable evidence of ef4 fectiveness.

5 ‘‘(b) PARTNERSHIPS.—From funds appropriated

6 under section 1002(g)(2) for any fiscal year, the Secretary

7 may, directly or through grants or contracts, work in part8 nership with State educational agencies, local educational

9 agencies, other public agencies, and nonprofit organizations

10 to disseminate and use the highest quality research and

11 knowledge about effective practices to improve the quality

12 of teaching and learning in schools assisted under this title.

13 ‘‘PART G—GENERAL PROVISIONS

14 ‘‘SEC. 1701. FEDERAL REGULATIONS.

15 ‘‘(a) IN GENERAL.—The Secretary is authorized to

16 issue such regulations as are considered necessary to reason17 ably ensure that there is compliance with the specific re18 quirements and assurances required by this title.

19 ‘‘(b) PROCEDURE.—

20 ‘‘(1) IN GENERAL.—Prior to publishing proposed

21 regulations pursuant to this title, the Secretary shall

22 convene regional meetings which shall provide input

23 to the Secretary on the content of proposed regula24 tions. Such meetings shall include representatives of

25 Federal, State, and local administrators, parents,
644

•S 1513 RS

1 teachers, and members of local boards of education in2 volved with implementation of programs under this

3 title.

4 ‘‘(2) PROPOSED REGULATIONS.—Subsequent to

5 regional meetings and prior to publishing proposed

6 regulations in the Federal Register, the Secretary

7 shall prepare draft regulations and submit regula8 tions on a minimum of 4 key issues to a modified ne9 gotiated rulemaking process as a demonstration of

10 such process. The modified process shall waive appli11 cation of the Federal Advisory Committee Act, but

12 shall otherwise follow the guidance provided in the

13 Administrative Conference of the United States in

14 Recommendation 82–4, ‘‘Procedures for Negotiating

15 Proposed Regulations’’ (47 Fed. Reg. 30708, June 18,

16 1982) and any successor regulation. Participants in

17 the demonstration shall be chosen by the Secretary

18 from among participants in the regional meetings,

19 representing the groups described in paragraph (1)

20 and all geographic regions. The demonstration shall

21 be conducted in a timely manner.

22 ‘‘(3) EMERGENCY SITUATION.—In an emergency

23 situation in which regulations pursuant to this title

24 must be issued within a very limited time to assist

25 State and local educational agencies with the oper-
645

•S 1513 RS

1 ation of the program, the Secretary may issue a regu2 lation without such prior consultation, but shall im3 mediately thereafter convene regional meetings to re4 view the emergency regulation prior to issuance in

5 final form.

6 ‘‘(c) LIMITATION.—Programs under this title may not

7 be required to follow any 1 instructional model, such as

8 the provision of services outside the regular classroom or

9 school program.

10 ‘‘SEC. 1702. STATE ADMINISTRATION.

11 ‘‘(a) RULEMAKING.—

12 ‘‘(1) IN GENERAL.—Each State that receives

13 funds under this title shall—

14 ‘‘(A) ensure that any State rules, regula15 tions, and policies relating to this title conform

16 to the purposes of this title;

17 ‘‘(B) minimize such rules, regulations, and

18 policies to which their local educational agencies

19 and schools are subject; and

20 ‘‘(C) identify any such rule, regulation, or

21 policy as a State-imposed requirement.

22 ‘‘(2) SPECIAL RULE.—State rules, regulations,

23 and policies under this title shall support and facili24 tate local educational agency and school-level systemic

25 reform designed to enable all children to meet the
646

•S 1513 RS

1 State’s challenging State content standards and chal2 lenging State student performance standards.

3 ‘‘(b) PAYMENT FOR STATE ADMINISTRATION.—Each

4 State may reserve for the proper and efficient performance

5 of such State’s duties under this title, the greater of—

6 ‘‘(1)(A) 1.00 percent of the funds appropriated to

7 carry out subsections (a), (c), (d), and (e) of section

8 1002 for fiscal year 1995 and each succeeding fiscal

9 year not described in subparagraph (B) or (C);

10 ‘‘(B) 1.25 percent of the funds appropriated to

11 carry out such subsections for any fiscal year after

12 fiscal year 1995 for which the funds appropriated to

13 carry out such subsections exceeds by more than

14 $500,000,000 but less than $1,000,000,000 the funds

15 appropriated to carry out such subsections for fiscal

16 year 1995; or

17 ‘‘(C) 1.50 percent of the funds appropriated to

18 carry out such subsections for any fiscal year after

19 fiscal year 1995 for which the funds appropriated to

20 carry out such subsections exceeds by $1,000,000,000

21 the funds appropriated to carry out such subsections

22 for fiscal year 1995;

23 ‘‘(2) except as provided in paragraph (3)—
647

•S 1513 RS

1 ‘‘(A) $375,000 for fiscal year 1995 and each

2 succeeding fiscal year not described in subpara3 graph (B) or (C);

4 ‘‘(B) $470,000 for any fiscal year after fis5 cal year 1995 for which the funds appropriated

6 to carry out such subsections exceeds by more

7 than $500,000,000 but less than $1,000,000,000

8 the funds appropriated to carry out such sub9 sections for fiscal year 1995; or

10 ‘‘(C) $565,000 for any fiscal year after fis11 cal year 1995 for which the funds appropriated

12 to carry out such subsections exceeds by

13 $1,000,000,000 the funds appropriated to carry

14 out such subsections for fiscal year 1995; or

15 ‘‘(3) in the case of an outlying area—

16 ‘‘(A) $50,000 for fiscal year 1995 and each

17 succeeding fiscal year not described in subpara18 graph (B) or (C);

19 ‘‘(B) $65,000 for any fiscal year after fiscal

20 year 1995 for which the funds appropriated to

21 carry out such subsections exceeds by more than

22 $500,000 but less than $1,000,000,000 the funds

23 appropriated to carry out such subsections for

24 fiscal year 1995; and
648

•S 1513 RS

1 ‘‘(C) $80,000 for any fiscal year after fiscal

2 year 1995 for which the funds appropriated to

3 carry out such subsections exceeds by

4 $1,000,000,000 the funds appropriated to carry

5 out such subsections for fiscal year 1995.

6 ‘‘(c) PAYMENT FOR SCHOOL IMPROVEMENT.—Each

7 State may reserve for the proper and efficient performance

8 of its duties under subsections (b)(5) and (c) of section 1118,

9 and section 1119, the greater of—

10 ‘‘(1) .75 percent of the funds received under sub11 sections (a), (c), (d), (e), and (f) of section 1002;

12 ‘‘(2) except as provided in paragraph (3),

13 $245,000; or

14 ‘‘(3) in the case of an outlying area, $40,000.

15 ‘‘(d) FEDERAL FUNDS TO SUPPLEMENT, NOT SUP16 PLANT, NON-FEDERAL FUNDS.—

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

18 subparagraph (B), a State or local educational agen19 cy shall use funds received under this part only to

20 supplement the amount of funds that would, in the

21 absence of such Federal funds, be made available from

22 non-Federal sources for the education of pupils par23 ticipating in programs assisted under this part, and

24 not to supplant such funds.
649

•S 1513 RS

1 ‘‘(B) For the purpose of complying with sub2 paragraph (A), a State or local educational agency

3 may exclude supplemental State and local funds ex4 pended in any eligible school attendance area or

5 school for programs that meet the requirements of sec6 tion 1114 or 1115.

7 ‘‘(2) SPECIAL RULE.—No local educational agen8 cy shall be required to provide services under this

9 part through a particular instructional method or in

10 a particular instructional setting in order to dem11 onstrate its compliance with paragraph (1).

12 ‘‘SEC. 1703. CONSTRUCTION.

13 ‘‘(a) PROHIBITION OF FEDERAL MANDATES, DIREC14 TION OR CONTROL.—Nothing in this title shall be construed

15 to authorize an officer or employee of the Federal Govern16 ment to mandate, direct, or control a State, local edu17 cational agency, or school’s specific instructional content or

18 pupil performance standards and assessments, curriculum,

19 or program of instruction as a condition of eligibility to

20 receive funds under this title.

21 ‘‘(b) EQUALIZED SPENDING.—Nothing in this title

22 shall be construed to mandate equalized spending per pupil

23 for a State, local educational agency, or school.
650

•S 1513 RS

1 ‘‘(c) BUILDING STANDARDS.—Nothing in this title

2 shall be construed to mandate national school building

3 standards for a State, local educational agency, or school.

4 ‘‘TITLE II—IMPROVING

5 TEACHING AND LEARNING

6 ‘‘PART A—DWIGHT D. EISENHOWER

7 PROFESSIONAL DEVELOPMENT PROGRAM

8 ‘‘SEC. 2101. FINDINGS.

9 ‘‘The Congress finds as follows:

10 ‘‘(1) Reaching the third National Education

11 Goal (all students will demonstrate mastery of chal12 lenging subject matter in the core academic subjects)

13 and the fifth National Education Goal (United States

14 students will become first in the world in mathe15 matics and science achievement) requires a com16 prehensive educational reform strategy that involves

17 parents, schools, government, communities, and other

18 public and private organizations at all levels.

19 ‘‘(2) A crucial component of the strategy for

20 achieving these two goals is ensuring, through sus21 tained and intensive high-quality professional devel22 opment, that all teachers can provide challenging

23 learning experiences in the core academic subjects for

24 their students.
651

•S 1513 RS

1 ‘‘(3) The potential positive impact of high-qual2 ity professional development is underscored by recent

3 research findings that—

4 ‘‘(A) professional development must be fo5 cused on teaching and learning in order to

6 change the opportunities of all students to

7 achieve higher standards;

8 ‘‘(B) effective professional development fo9 cuses on discipline-based knowledge and effective

10 subject-specific pedagogical skills, involves teams

11 of teachers, administrators, and pupil services

12 personnel in a school and, through professional

13 networks of teachers, administrators, pupil serv14 ices personnel, and parents is interactive and

15 collaborative, motivates by its intrinsic content

16 and relationship to practice, builds on experience

17 and learning-by-doing, and becomes incorporated

18 into the everyday life of the school;

19 ‘‘(C) professional development can dramati20 cally improve classroom instruction and learn21 ing when teachers, administrators, pupil services

22 personnel, and parents are partners in the devel23 opment and implementation of such professional

24 development; and
652

•S 1513 RS

1 ‘‘(D) new and innovative strategies for

2 teaching to high standards will require time for

3 teachers, outside of the time spent teaching, for

4 instruction, practice, and collegial collaboration.

5 ‘‘(4) Special attention must be given in profes6 sional development activities to ensure that education

7 professionals are knowledgeable of, and make use of,

8 strategies for serving populations that historically

9 have lacked access to equal opportunities for advanced

10 learning and career advancement.

11 ‘‘(5) Professional development activities must

12 prepare teachers, pupil services personnel, paraprofes13 sionals and other staff in intervention strategies to—

14 ‘‘(A) alleviate the need, and inappropriate

15 referral, for special education services; and

16 ‘‘(B) prepare staff to work collaboratively to

17 educate students with disabilities placed into

18 general education settings, consistent with such

19 student’s individualized education program.

20 ‘‘(6) Professional development activities, designed

21 in cooperation with parents, that focus on the com22 plex social, emotional and mental health needs of chil23 dren which may impede learning, can help teachers,

24 administrators, and pupil services personnel assist

25 children in overcoming barriers to academic success.
653

•S 1513 RS

1 ‘‘(7) Professional development is often a victim

2 of budget reductions in fiscally difficult times.

3 ‘‘(8) There are few incentives or sanctions oper4 ating to encourage teachers and administrators to

5 work to prepare themselves to be more effective or to

6 participate in challenging and effective professional

7 development activities.

8 ‘‘(9) Parental involvement is an important as9 pect of school reform and improvement. There is a

10 need for special attention to ensure the effective in11 volvement of parents in the education of their chil12 dren. Professional development should include meth13 ods and strategies to better prepare teachers and ad14 ministrators in involving parents. Programs are

15 needed to provide parents the training and develop16 ment necessary to enable parents to participate fully

17 and effectively in their children’s education.

18 ‘‘(10) The Federal Government has a vital role

19 in helping to make sustained and intensive high-qual20 ity professional development in the core academic

21 subjects become an integral part of the elementary

22 and secondary education system.

23 ‘‘SEC. 2102. PURPOSES.

24 ‘‘It is the purpose of this part—
654

•S 1513 RS

1 ‘‘(1) to help ensure that teachers, other staff, and

2 administrators have access to high-quality profes3 sional development that is aligned to challenging

4 State content standards and challenging State student

5 performance standards and to support the develop6 ment and implementation of sustained and intensive

7 high-quality professional development activities in the

8 core academic subjects; and

9 ‘‘(2) to help ensure that teachers, administrators,

10 other staff, pupil services personnel, and parents have

11 access to professional development that—

12 ‘‘(A) is tied to challenging State content

13 standards and challenging State student per14 formance standards;

15 ‘‘(B) reflects recent research on teaching and

16 learning;

17 ‘‘(C) includes strong academic content and

18 pedagogical components;

19 ‘‘(D) incorporates effective strategies, tech20 niques, methods, and practices for meeting the

21 educational needs of diverse student populations,

22 including females, minorities, individuals with

23 disabilities, limited-English proficient individ24 uals, and economically disadvantaged individ25 uals, in order to ensure that all students have the
655

•S 1513 RS

1 opportunity to achieve challenging State student

2 performance standards;

3 ‘‘(E) is of sufficient intensity and duration

4 to have a positive and lasting impact on the

5 teacher’s performance in the classroom; and

6 ‘‘(F) is part of the everyday life of the

7 school and creates an orientation toward contin8 uous improvement throughout the school.

9 ‘‘SEC. 2103. AUTHORIZATION OF APPROPRIATIONS; ALLOCA10 TION BETWEEN SUBPARTS.

11 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—For the

12 purpose of carrying out this part, there are authorized to

13 be appropriated $800,000,000 for fiscal year 1995 and such

14 sums as may be necessary for each of the 4 succeeding fiscal

15 years.

16 ‘‘(b) ALLOCATION BETWEEN SUBPARTS.—Of the

17 amounts appropriated to carry out this part for any fiscal

18 year the Secretary shall make available—

19 ‘‘(1) 5 percent of such amounts to carry out sub20 part 1, of which 10 percent of such 5 percent shall be

21 available to carry out section 2114;

22 ‘‘(2) 93.75 percent of such amounts to carry out

23 subpart 2; and

24 ‘‘(3) 1.25 percent of such amounts to carry out

25 subpart 3.
656

•S 1513 RS

1 ‘‘Subpart 1—Federal Activities

2 ‘‘SEC. 2111. PROGRAM AUTHORIZED.

3 ‘‘(a) IN GENERAL.—The Secretary is authorized to

4 make grants to, and enter into contracts and cooperative

5 agreements with, local educational agencies, educational

6 service agencies, State educational agencies, State agencies

7 for higher education, institutions of higher education, and

8 other public and private agencies, organizations, and insti9 tutions to—

10 ‘‘(1) support activities of national significance

11 that the Secretary determines will contribute to the

12 development and implementation of high-quality pro13 fessional development activities in the core academic

14 subjects; and

15 ‘‘(2) evaluate activities carried out under this

16 subpart and subpart 2 in accordance with section

17 10701.

18 ‘‘(b) REQUIREMENTS.—In carrying out the activities

19 described in subsection (a), the Secretary shall coordinate

20 professional development programs within the Department,

21 particularly with those programs within the Office of Edu22 cational Research and Improvement, and shall consult and

23 coordinate with the National Science Foundation, the Na24 tional Endowment for the Humanities, the National En25 dowment for the Arts, the Institute of Museum Services, and

26 other appropriate Federal agencies and entities.
657

•S 1513 RS

1 ‘‘SEC. 2112. AUTHORIZED ACTIVITIES.

2 ‘‘The Secretary shall use funds available to carry out

3 this subpart for activities that help meet the purposes of

4 this part, such as—

5 ‘‘(1) providing seed money to the entities de6 scribed in section 2111(a) to develop the capacity of

7 such entities to offer sustained and intensive high8 quality professional development;

9 ‘‘(2) professional development institutes that pro10 vide teams of teachers, or teachers, administrators,

11 pupil services personnel and other staff, from individ12 ual schools, with professional development that con13 tains strong and integrated disciplinary and peda14 gogical components;

15 ‘‘(3) encouraging the development of local and

16 national professional networks, including the Teacher

17 Research Dissemination Demonstration Program

18 under section 941(j) of the Educational Research, De19 velopment, Dissemination, and Improvement Act of

20 1994, that provide a forum for interaction among

21 teachers of the core academic subjects and that allow

22 the exchange of information on advances in content

23 and pedagogy;

24 ‘‘(4) supporting the National Board for Profes25 sional Teaching Standards;
658

•S 1513 RS

1 ‘‘(5) the development and dissemination of teach2 ing standards in the core academic subjects;

3 ‘‘(6) the development of exemplary methods of as4 sessing teachers, other staff, and administrators for li5 censure and certification;

6 ‘‘(7) the dissemination of models of high-quality

7 professional development activities that train edu8 cators in strategies, techniques, methods, and prac9 tices for meeting the educational needs of historically

10 underserved populations, including females, minori11 ties, individuals with disabilities, limited-English

12 proficient individuals, and economically disadvan13 taged individuals, in order to ensure that all students

14 have the opportunity to achieve challenging State stu15 dent performance standards;

16 ‘‘(8) activities that promote the transferability of

17 licensure and certification of teachers and adminis18 trators among State and local jurisdictions;

19 ‘‘(9) the development and testing of incentive

20 strategies for motivating teachers, administrators,

21 and pupil services personnel to help increase their ef22 fectiveness through professional development focused

23 on teaching and learning and giving all students the

24 opportunity to learn to challenging State content
659

•S 1513 RS

1 standards and challenging State student performance

2 standards;

3 ‘‘(10) the development of innovative intervention

4 strategies to—

5 ‘‘(A) alleviate the need, and inappropriate

6 referral, for special education services; and

7 ‘‘(B) prepare general education and special

8 education teachers, paraprofessionals and pupil

9 services personnel in effective integration of stu10 dents with disabilities into general education set11 tings, consistent with such student’s individual12 ized education program;

13 ‘‘(11) encouraging the development of innovative

14 models for recruitment, induction, retention and as15 sessment of new, highly qualified teachers, especially

16 such teachers from historically underrepresented

17 groups;

18 ‘‘(12) the dissemination of information about

19 voluntary national content standards and voluntary

20 national performance standards and related models of

21 high-quality professional development;

22 ‘‘(13) the development and maintenance of a na23 tional clearinghouse for such core academic subjects as

24 the Secretary determines are needed;
660

•S 1513 RS

1 ‘‘(14) joint activities with other Federal agencies

2 and entities engaged in or supporting similar profes3 sional development efforts;

4 ‘‘(15) the evaluation of programs under this sub5 part and subpart 2 in accordance with section 10701;

6 and

7 ‘‘(16) the development of programs which pre8 pare teachers to incorporate environmental education

9 in the core academic subjects.

10 ‘‘SEC. 2113. EISENHOWER NATIONAL CLEARINGHOUSE FOR

11 MATHEMATICS AND SCIENCE EDUCATION.

12 ‘‘(a) CLEARINGHOUSE AUTHORIZED.—The Secretary,

13 in consultation with the Director of the National Science

14 Foundation, may award a grant or contract to establish

15 an Eisenhower National Clearinghouse for Mathematics

16 and Science Education (hereafter in this section referred

17 to as the ‘Clearinghouse’).

18 ‘‘(b) APPLICATION AND AWARD BASIS.—Each entity

19 desiring to establish and operate the Clearinghouse author20 ized by this section shall submit an application to the Sec21 retary at such time, in such manner and accompanied by

22 such information as the Secretary may reasonably require.

23 The grant or contract awarded pursuant to paragraph (1)

24 shall be made on a competitive, merit basis.
661

•S 1513 RS

1 ‘‘(c) DURATION.—The grant or contract awarded

2 under this section shall be awarded for a period of 5 years

3 and shall be reviewed by the Secretary not later than 30

4 months from the date the grant or contract is awarded.

5 ‘‘(d) USE OF FUNDS.—The grant or contract awarded

6 under this section shall be used to—

7 ‘‘(1) maintain a permanent repository of mathe8 matics and science education instructional materials

9 and programs for elementary and secondary schools,

10 including middle schools (including, to the extent

11 practicable, all materials and programs developed

12 with Federal and non-Federal funds, such as instruc13 tional materials developed by the Department, mate14 rials developed by State and national mathematics

15 and science programs assisted under this part, and

16 other instructional materials) for use by the regional

17 consortiums established under subpart 2 of part C

18 and by the general public;

19 ‘‘(2) compile information on all mathematics

20 and science education programs administered by each

21 Federal agency or department;

22 ‘‘(3) disseminate information, programs, and in23 structional materials to the public, dissemination net24 works, and the regional consortiums under subpart 2

25 of part C;
662

•S 1513 RS

1 ‘‘(4) coordinate with identifiable and existing

2 data bases containing mathematics and science cur3 riculum and instructional materials, including Fed4 eral, non-Federal and, where feasible, international

5 data bases;

6 ‘‘(5) participate in collaborative meetings of rep7 resentatives of the Clearinghouse and the regional

8 consortiums under subpart 2 of part C to discuss is9 sues of common interest and concern, to foster effec10 tive collaboration and cooperation in acquiring and

11 distributing curriculum materials and programs, and

12 to coordinate computer network access to the Clear13 inghouse and the resources of the regional consor14 tiums, except that not more than 3 percent of the

15 funds awarded under this section shall be used to

16 carry out this paragraph; and

17 ‘‘(6) gather qualitative and evaluative data on

18 submissions to the Clearinghouse.

19 ‘‘(e) SUBMISSION TO CLEARINGHOUSE.—Each Federal

20 agency or department which develops mathematics or

21 science education instructional material or programs, in22 cluding the National Science Foundation and the Depart23 ment, shall submit to the Clearinghouse copies of such mate24 rial or programs.
663

•S 1513 RS

1 ‘‘(f) PEER REVIEW.—The Secretary shall establish a

2 peer review process to select the recipient of the award

3 under this subsection.

4 ‘‘(g) STEERING COMMITTEE.—The Secretary may ap5 point a steering committee to recommend policies and ac6 tivities for the Clearinghouse.

7 ‘‘(h) APPLICATION OF COPYRIGHT LAWS.—Nothing in

8 this section shall be construed to allow the use or copying,

9 in any media, of any material collected by the Clearing10 house that is protected under the copyright laws of the Unit11 ed States unless the permission of the owner of the copyright

12 is obtained. The Clearinghouse, in carrying out the provi13 sions of this subsection, shall ensure compliance with title

14 17, United States Code.

15 ‘‘(i) DISSEMINATION OF INFORMATION.—The Sec16 retary shall disseminate information concerning the grant

17 or contract awarded under this section to State and local

18 educational agencies and institutions of higher education.

19 Such dissemination of information shall include examples

20 of exemplary national programs in mathematics and

21 science instruction and necessary technical assistance for

22 the establishment of similar programs.

23 ‘‘SEC. 2114. NATIONAL TEACHER TRAINING PROJECT.

24 ‘‘(a) SHORT TITLE; FINDINGS; DEFINITIONS.—
664

•S 1513 RS

1 ‘‘(1) SHORT TITLE.—This section may be cited

2 as the ‘National Teacher Training Project Act of

3 1994’.

4 ‘‘(2) FINDINGS.—The Congress finds that—

5 ‘‘(A) teachers must be major players in edu6 cational reform in the United States;

7 ‘‘(B) teachers are isolated from their peers

8 and have virtually no time during the school day

9 to consult with other teachers;

10 ‘‘(C) there is a shortage of sustained, year11 round professional development programs for

12 teachers;

13 ‘‘(D) successful teaching methods are not

14 adequately shared among teachers;

15 ‘‘(E) teachers are the best teachers of other

16 teachers because practicing classroom teachers

17 have experience that no outside consultant can

18 match;

19 ‘‘(F) it is important for universities and

20 schools to collaborate on teacher development

21 programs if teaching and learning are to be im22 proved;

23 ‘‘(G) pertinent research is not shared among

24 teachers in a professional setting;
665

•S 1513 RS

1 ‘‘(H) exemplary teachers should be recog2 nized for their abilities and contributions and

3 encouraged to refine their teaching methods;

4 ‘‘(I) each State should support a nationally

5 based teacher training program that is modeled

6 after the National Writing Project for teachers of

7 the core academic subjects, including early child8 hood education, mathematics, science, English,

9 civics and government, foreign languages, and

10 arts;

11 ‘‘(J) the National Writing Project is a na12 tionally recognized and honored nonprofit orga13 nization that recognizes there are teachers in

14 every region of the United States who have devel15 oped successful methods for teaching writing and

16 that such teachers can be trained and encouraged

17 to train other teachers;

18 ‘‘(K) the National Writing Project is a col19 laborative university-school program which offers

20 summer and school year inservice teacher train21 ing programs and a dissemination network to

22 inform and teach teachers regarding develop23 ments in the field of writing;

24 ‘‘(L) each year over 125,000 teachers volun25 tarily seek training in National Writing Project
666

•S 1513 RS

1 intensive summer institutes and workshops and

2 school year inservice programs through 1 of the

3 155 sites located within the United States, and

4 in 18 sites located outside of the United States;

5 ‘‘(M) in the 20 years of its existence, over

6 1,100,000 teachers, administrators and parents

7 have participated in National Writing Project

8 programs;

9 ‘‘(N) less than $16 per teacher was the aver10 age cost in Federal dollars for all teacher train11 ing at writing projects in academic year 1991–

12 1992;

13 ‘‘(O) for every dollar in Federal support,

14 the National Writing Project provides over $5 in

15 matching funds from States, local universities

16 and schools, and the private sector;

17 ‘‘(P) private foundation resources, although

18 generous in the past concerning National Writ19 ing Project programs, are inadequate to fund all

20 of the National Teacher Training Project sites

21 needed, and the future of the program is in jeop22 ardy without secure financial support;

23 ‘‘(Q) the National Writing Project has be24 come a model for programs in other fields, such

25 as science, mathematics, history, literature, for-
667

•S 1513 RS

1 eign languages, and the performing arts, and the

2 development of programs in other fields should

3 continue with the support of Federal funds; and

4 ‘‘(R) each of the 50 States should partici5 pate in the National Teacher Training Project

6 by establishing regional teacher training sites in

7 early childhood development, mathematics,

8 science, English, civics and government, foreign

9 languages, and arts to serve all teachers within

10 the State.

11 ‘‘(3) DEFINITIONS.—For the purpose of this sec12 tion—

13 ‘‘(A) the term ‘contractor’ means—

14 ‘‘(i) a local educational agency;

15 ‘‘(ii) an educational service agency; or

16 ‘‘(iii) an institution of higher edu17 cation that awards a bachelor’s degree; and

18 ‘‘(B) the term ‘eligible recipient’ means a

19 nonprofit educational organization which has as

20 its primary purpose the improvement of student

21 learning in one of the core academic subjects de22 scribed in subsection (b)(2).

23 ‘‘(b) GRANTS AUTHORIZED.—
668

•S 1513 RS

1 ‘‘(1) GRANTS TO ELIGIBLE RECIPIENTS.—The

2 Secretary is authorized to award a grant to an eligi3 ble recipient to enable such recipient—

4 ‘‘(A) to support and promote the establish5 ment of teacher training programs in early

6 childhood development and one of the 9 core aca7 demic subjects described in paragraph (2), in8 cluding the dissemination of effective practices

9 and research findings regarding teacher train10 ing, and administrative activities;

11 ‘‘(B) to support classroom research on effec12 tive teaching practices in such area; and

13 ‘‘(C) to pay the Federal share of the cost of

14 such programs and research.

15 ‘‘(2) CORE SUBJECT AREAS.—To the extent fea16 sible, the Secretary shall award a grant under para17 graph (1) for the establishment of a National Teacher

18 Training Project in early childhood development and

19 each of the following core academic subjects:

20 ‘‘(A) Mathematics.

21 ‘‘(B) Science.

22 ‘‘(C) English.

23 ‘‘(D) Civics and government.

24 ‘‘(E) Foreign languages.

25 ‘‘(F) Arts.
669

•S 1513 RS

1 ‘‘(G) Geography.

2 ‘‘(H) History.

3 ‘‘(I) Economics.

4 ‘‘(3) NUMBER OF GRANTS AND ELIGIBLE RECIPI5 ENTS.—The Secretary shall award not more than 10

6 grants under paragraph (1) to 10 different eligible re7 cipients.

8 ‘‘(4) EQUITABLE DISTRIBUTION.—The Secretary

9 shall award grants under paragraph (1) to eligible re10 cipients from different geographic areas of the United

11 States.

12 ‘‘(5) SPECIAL RULE.—Each grant under para13 graph (1) shall be of sufficient size, scope and quality

14 to be effective.

15 ‘‘(6) ADMINISTRATIVE COSTS AND TECHNICAL AS16 SISTANCE.—Each eligible recipient receiving a grant

17 under paragraph (1) may use not more than 5 per18 cent of the grant funds for administrative costs and

19 the costs of providing technical assistance to a con20 tractor.

21 ‘‘(c) GRANT REQUIREMENTS.—Each eligible recipient

22 receiving a grant under subsection (b) shall—

23 ‘‘(1) enter into a contract with a contractor

24 under which such contractor agrees—
670

•S 1513 RS

1 ‘‘(A) to establish, operate, and provide the

2 non-Federal share of the cost of teacher training

3 programs in effective approaches and processes

4 for the teaching of the subject matter for which

5 such eligible recipient was awarded a grant, in6 cluding approaches and processes to obtain pa7 rental involvement in a child’s education; and

8 ‘‘(B) to use funds received from the eligible

9 recipient to pay the Federal share of the cost of

10 establishing and operating teacher training pro11 grams described in subparagraph (A);

12 ‘‘(2) make annual reports to the Secretary and

13 be responsible for oversight of the funds expended at

14 each teacher training program described in subpara15 graph (A); and

16 ‘‘(3) meet such other conditions and standards as

17 the Secretary determines to be necessary to assure

18 compliance with this section and provide such tech19 nical assistance as may be necessary to carry out this

20 section.

21 ‘‘(d) TEACHER TRAINING PROGRAMS.—The teacher

22 training programs described in subsection (b) shall—

23 ‘‘(1) be conducted during the school year and

24 during the summer months;
671

•S 1513 RS

1 ‘‘(2) train teachers who teach grades kinder2 garten through college;

3 ‘‘(3) select teachers to become members of a Na4 tional Teacher Training Project, which members shall

5 conduct inservice workshops for other teachers in the

6 area served by the National Teacher Training Project

7 site;

8 ‘‘(4) borrow teacher training principles and re9 ceive technical assistance from the National Writing

10 Project; and

11 ‘‘(5) encourage teachers from all disciplines to

12 participate in such teacher training programs.

13 ‘‘(e) FEDERAL SHARE.—The term ‘Federal share’

14 means, with respect to the costs of teacher training pro15 grams described in subsection (b), 50 percent of such costs

16 to the contractor

17 ‘‘(f) APPLICATION.—Each eligible recipient desiring a

18 grant under this section shall submit an application to the

19 Secretary at such time, in such manner and accompanied

20 by such information as the Secretary may reasonably re21 quire.

22 ‘‘(g) PARTICIPANTS AND SELECTION PROCESS.—The

23 selection process for participation in a teacher training

24 program described in subsection (b) shall—
672

•S 1513 RS

1 ‘‘(1) reward exemplary teachers with varying

2 levels of teaching experience who are nominated by

3 other teachers and administrators;

4 ‘‘(2) involve an application process to select par5 ticipants for a summer program;

6 ‘‘(3) ensure the selection of a geographically and

7 ethnically diverse group of teachers by soliciting ap8 plications from teachers of both public and private

9 institutions in rural, urban and suburban settings of

10 every State; and

11 ‘‘(4) automatically offer a place in a summer

12 program to the ‘Teacher of the Year’ chosen pursuant

13 to a Federal or State teacher recognition program.

14 ‘‘(h) LIMITATION.—A contractor entering into a con15 tract under subsection (c)(1) shall not spend more than 5

16 percent of funds received under the contract for administra17 tive costs.

18 ‘‘Subpart 2—State and Local Activities

19 ‘‘SEC. 2121. PROGRAM AUTHORIZED.

20 ‘‘The Secretary is authorized to make grants to State

21 educational agencies for the support of sustained and inten22 sive high-quality professional development activities in the

23 core academic subjects at the State and local levels.
673

•S 1513 RS

1 ‘‘SEC. 2122. ALLOCATION OF FUNDS.

2 ‘‘(a) RESERVATION OF FUNDS.—From the amount

3 available to carry out this subpart for any fiscal year, the

4 Secretary shall reserve—

‘‘(1) 1 5 ⁄2 of 1 percent for the outlying areas, to be

6 distributed among the outlying areas on the basis of

7 their relative need, as determined by the Secretary in

8 accordance with the purposes of this part;

‘‘(2) 1 9 ⁄2 of 1 percent for the Secretary of the Inte10 rior for programs under this part for professional de11 velopment activities for teachers, other staff, and ad12 ministrators in schools operated or funded by the Bu13 reau of Indian Affairs.

14 ‘‘(b) STATE ALLOTMENTS.—The Secretary shall allo15 cate the amount available to carry out this subpart and

16 not reserved under subsection (a) to each of the 50 States,

17 the District of Columbia, and the Commonwealth of Puerto

18 Rico as follows, except that no State shall receive less than

19 one-half of 1 percent of such amount:

20 ‘‘(1) Fifty percent shall be allocated among such

21 jurisdictions on the basis of their relative populations

22 of individuals aged 5 through 17, as determined by

23 the Secretary on the basis of the most recent satisfac24 tory data.

25 ‘‘(2) Fifty percent shall be allocated among such

26 jurisdictions in accordance with the relative amounts
674

•S 1513 RS

1 such jurisdictions received under part A of title I for

2 the preceding fiscal year.

3 ‘‘(c) REALLOCATION.—If any jurisdiction does not

4 apply for an allotment under subsection (b) for any fiscal

5 year, the Secretary shall reallocate such amount to the re6 maining jurisdictions in accordance with that subsection.

7 ‘‘SEC. 2123. WITHIN-STATE ALLOCATIONS.

8 ‘‘Of the amounts received by any State under this sub9 part for any fiscal year—

10 ‘‘(1) 75 percent shall be available for State level

11 activities under section 2126 and local allowable ac12 tivities under section 2129(b), of which—

13 ‘‘(A) not more than 5 percent may be used

14 for the administrative costs of the State edu15 cational agency;

16 ‘‘(B) not more than 5 percent may be used

17 for State-level activities under section 2126; and

18 ‘‘(C) of the remaining amount—

19 ‘‘(i) 50 percent shall be distributed to

20 local educational agencies—

21 ‘‘(I) for use in accordance with

22 section 2129; and

23 ‘‘(II) in accordance with the rel24 ative enrollments in public and private

25 nonprofit elementary and secondary
675

•S 1513 RS

1 schools within the boundaries of such

2 agencies; and

3 ‘‘(ii) 50 percent of such amount shall

4 be distributed to local educational agen5 cies—

6 ‘‘(I) for use in accordance with

7 section 2129; and

8 ‘‘(II) in accordance with the rel9 ative amount such agencies received

10 under part A of title I of this Act for

11 the preceding fiscal year; and

12 ‘‘(2) 25 percent shall be available to the State

13 agency for higher education for activities under sec14 tion 2130, of which not more than 5 percent may be

15 used for the administrative costs of the State agency

16 for higher education.

17 ‘‘SEC. 2124. PRIORITY FOR PROFESSIONAL DEVELOPMENT

18 IN MATHEMATICS AND SCIENCE.

19 ‘‘(a) APPROPRIATION OF LESS THAN $250,000,000.—

20 In any fiscal year for which the amount appropriated for

21 this part is less than $250,000,000, each State shall ensure

22 that all funds distributed in accordance with section

23 2123(1)(C) are used for professional development in mathe24 matics and science.
676

•S 1513 RS

1 ‘‘(b) APPROPRIATION EQUAL TO OR ABOVE

2 $250,000,000.—In any fiscal year for which the amount

3 appropriated for this part is at least $250,000,000, each

4 State shall ensure that the amount of funds distributed in

5 accordance with section 2123(1)(C) that is used for profes6 sional development in mathematics and science is not less

7 than the amount that bears the same ratio to the total

8 amount of funds so distributed as the sum of $250,000,000

9 plus at least 10 percent of the amount appropriated for this

10 part for such year in excess of $250,000,000 bears to the

11 total amount appropriated for this part for such year.

12 ‘‘SEC. 2125. STATE APPLICATIONS.

13 ‘‘(a) APPLICATIONS REQUIRED.—Each State edu14 cational agency that wishes to receive an allotment under

15 this subpart for any fiscal year shall submit an application

16 to the Secretary at such time and in such form as the Sec17 retary may require.

18 ‘‘(b) PROFESSIONAL DEVELOPMENT PLAN.—

19 ‘‘(1) IN GENERAL.—Each application under this

20 section shall include a State plan for professional de21 velopment that satisfies the requirements of this sec22 tion.

23 ‘‘(2) CONTENTS.—Each such State plan shall—

24 ‘‘(A) be developed in conjunction with the

25 State agency for higher education, nonprofit or-
677

•S 1513 RS

1 ganizations of demonstrated effectiveness, institu2 tions of higher education or schools of education,

3 and with the extensive participation of local

4 teachers, administrators, and pupil services per5 sonnel and show the role of each such entity in

6 implementation of the plan;

7 ‘‘(B) be designed to give teachers, adminis8 trators, and pupil services personnel in the State

9 the knowledge and skills necessary to provide all

10 students the opportunity to meet challenging

11 State content standards and challenging State

12 student performance standards;

13 ‘‘(C) include an assessment of State and

14 local needs for professional development specifi15 cally related to subparagraph (B);

16 ‘‘(D) describe the need for teacher develop17 ment beginning with recruitment, preservice,

18 and induction, and continuing throughout the

19 professional teaching career, taking into account

20 the need, as determined by the State, for greater

21 access to and participation in the teaching pro22 fession by individuals from historically

23 underrepresented groups;

24 ‘‘(E) describe how the State requirements

25 for licensure of teachers and administrators, in-
678

•S 1513 RS

1 cluding certification and recertification, support

2 challenging State content standards and chal3 lenging State student performance standards;

4 ‘‘(F) describe how the State will work with

5 teachers, administrators, parents, local edu6 cational agencies, schools, educational service

7 agencies, and institutions of higher education or

8 nonprofit organizations of demonstrated effective9 ness to ensure that such individuals or entities

10 develop the capacity to support sustained and

11 intensive, high-quality professional development

12 programs in the core academic subjects;

13 ‘‘(G) describe how the State will prepare all

14 teachers to teach children with diverse learning

15 needs, including children with disabilities;

16 ‘‘(H) describe how the State will prepare

17 teachers, paraprofessionals and pupil services

18 personnel in intervention strategies to—

19 ‘‘(i) alleviate the need, and inappropri20 ate referral, for special education services;

21 and

22 ‘‘(ii) prepare general and special edu23 cation staff to work collaboratively to edu24 cate students with disabilities placed into

25 general education settings, consistent with
679

•S 1513 RS

1 such student’s individualized education pro2 gram;

3 ‘‘(I) describe how the State will use tech4 nology, including the emerging national infor5 mation infrastructure, to enhance the profes6 sional development of teachers, administrators,

7 and pupil services personnel;

8 ‘‘(J) describe how the State will ensure a

9 strong focus on professional development in

10 mathematics and science taking into account the

11 need for greater access to, and participation in,

12 such disciplines by students from historically

13 underrepresented groups;

14 ‘‘(K) describe how the State will provide in15 centives to teachers and administrators to focus

16 their professional development on preparing

17 themselves to provide instruction consistent with

18 challenging State content standards and chal19 lenging State student performance standards;

20 ‘‘(L) set specific outcome performance indi21 cators for professional development; and

22 ‘‘(M) describe how parents can be involved

23 in professional development programs to enhance

24 their participation in the education of their chil25 dren.
680

•S 1513 RS

1 ‘‘(3) DURATION OF THE PLAN.—Each such State

2 plan shall—

3 ‘‘(A) remain in effect for the duration of the

4 State’s participation under this subpart; and

5 ‘‘(B) be periodically reviewed and revised

6 by the State, as necessary, to reflect changes in

7 the State’s strategies and programs under this

8 subpart.

9 ‘‘(c) ADDITIONAL MATERIAL.—Each State application

10 shall include—

11 ‘‘(1) a description of how the activities assisted

12 under this subpart will be coordinated, as appro13 priate, with—

14 ‘‘(A) other activities conducted with Federal

15 funds, especially activities supported under part

16 A of title I of this Act, and parts B and D of

17 the Individuals with Disabilities Education Act;

18 ‘‘(B) State and local funds;

19 ‘‘(C) resources from business and industry,

20 museums, libraries, educational television sta21 tions, and public and private nonprofit organi22 zations of demonstrated experience; and

23 ‘‘(D) funds received from other Federal

24 agencies, such as the National Science Founda25 tion, the Departments of Commerce, Energy, and
681

•S 1513 RS

1 Health and Human Services, the National En2 dowment for the Arts, the Institute of Museum

3 Services, and the National Endowment for the

4 Humanities; and

5 ‘‘(2) a description of the activities to be spon6 sored under the State level activities under section

7 2126 and the higher education activities under section

8 2130.

9 ‘‘(d) PEER REVIEW AND SECRETARIAL APPROVAL.—

10 ‘‘(1) IN GENERAL.—The Secretary shall approve

11 an application of a State educational agency under

12 this section if such application meets the requirements

13 of this section and holds reasonable promise of achiev14 ing the purposes of this part.

15 ‘‘(2) REVIEW.—In reviewing applications under

16 this section, the Secretary shall obtain the advice of

17 non-Federal experts on education in the core aca18 demic subjects and on teacher education, including

19 teachers and administrators.

20 ‘‘SEC. 2126. STATE LEVEL ACTIVITIES.

21 ‘‘Each State may use funds made available under sec22 tion 2123(1) to carry out activities described in the plan

23 under section 2125(b), such as—

24 ‘‘(1) reviewing and reforming State requirements

25 for teacher and administrator licensure, including
682

•S 1513 RS

1 certification and recertification, to align such require2 ments with the State’s challenging State content

3 standards and ensure that teachers and administra4 tors have the knowledge and skills necessary to help

5 students meet challenging State student performance

6 standards;

7 ‘‘(2) developing performance assessments and

8 peer review procedures, as well as other methods, for

9 licensing teachers and administrators;

10 ‘‘(3) providing technical assistance to schools

11 and local educational agencies to help such schools

12 and agencies provide effective professional develop13 ment in the core academic subjects;

14 ‘‘(4) developing or supporting professional devel15 opment networks, either within a State or in a re16 gional consortium of States, that provide a forum for

17 interaction among teachers and that allow exchange

18 of information on advances in content and pedagogy;

19 ‘‘(5) professional development in the effective use

20 of educational technology as an instructional tool for

21 increasing student understanding of the core aca22 demic subjects, including efforts to train teachers in

23 methods for achieving gender equity both in students’

24 access to computers and other educational technology
683

•S 1513 RS

1 and in teaching practices used in the application of

2 educational technology;

3 ‘‘(6) providing financial or other incentives for

4 teachers to become certified by nationally recognized

5 professional teacher enhancement organizations;

6 ‘‘(7) designing systems that enable teachers to

7 meet pay ladder professional development require8 ments by demonstrating content knowledge and peda9 gogical competence tied to challenging State content

10 standards and challenging State student performance

11 standards, rather than by merely completing course

12 credits;

13 ‘‘(8) providing incentives for teachers to be in14 volved in assessment, curriculum development, and

15 technical assistance processes for teachers and stu16 dents;

17 ‘‘(9) professional development to enable teachers,

18 pupil services personnel, and other school staff to en19 sure that girls and young women, minorities, limited

20 English proficient students, individuals with disabil21 ities, and the economically disadvantaged have the

22 full opportunity to achieve to challenging State con23 tent standards and challenging State student perform24 ance standards in the core academic subjects by, for

25 example, encouraging girls and young women and
684

•S 1513 RS

1 minorities to pursue advanced courses in mathematics

2 and science;

3 ‘‘(10) professional development designed to—

4 ‘‘(A) provide the collaborative skills needed

5 to appropriately serve children with disabilities

6 in the general education setting consistent with

7 such child’s individualized education program;

8 and

9 ‘‘(B) develop skills needed for effective inter10 vention teaching strategies to alleviate the need,

11 and inappropriate referral, for special education

12 services;

13 ‘‘(11) professional development and recruitment

14 activities designed to increase the numbers of minori15 ties, individuals with disabilities and females teach16 ing in the core academic subjects in which such indi17 viduals are underrepresented;

18 ‘‘(12) identifying, developing, or supporting pa19 rental involvement programs to better equip parents

20 to participate in the education of their children;

21 ‘‘(13) professional development activities de22 signed to increase the number of women and other

23 underrepresented groups in the administration of

24 schools;
685

•S 1513 RS

1 ‘‘(14) providing training for local education em2 ployees in the area of early childhood development in

3 order to ensure that early childhood development serv4 ices provided to low-income children below the age of

5 compulsory school attendance comply with the per6 formance standards established under section 641A(a)

7 of the Head Start Act or under section 651 of such

8 Act, as such section 651 was in effect on the day pre9 ceding the date of enactment of the Human Services

10 Amendments of 1994; and

11 ‘‘(15) providing technical assistance to teachers,

12 administrators, parents and related services personnel

13 in the area of early childhood development in order

14 to ensure that early childhood development services

15 provided to low-income children below the age of com16 pulsory school attendance comply with the perform17 ance standards established under section 641A(a) of

18 the Head Start Act or under section 651 of such Act,

19 as such section 651 was in effect on the day preceding

20 the date of enactment of the Human Services Amend21 ments of 1994.

22 ‘‘SEC. 2127. LOCAL EDUCATIONAL AGENCY APPLICATIONS.

23 ‘‘(a) IN GENERAL.—Each local educational agency

24 that desires a subgrant under this subpart shall submit an

25 application to the State educational agency at such time
686

•S 1513 RS

1 as the State educational agency may require, but not less

2 frequently than every 3 years.

3 ‘‘(b) CONTENTS.—Each application under this section

4 shall include—

5 ‘‘(1) the local educational agency’s plan for pro6 fessional development that—

7 ‘‘(A) has been developed with the extensive

8 participation of teachers, administrators, staff,

9 and pupil services personnel;

10 ‘‘(B) is aligned with the State’s challenging

11 State content standards and challenging State

12 student performance standards;

13 ‘‘(C) includes an assessment of local needs

14 for professional development as identified by the

15 local educational agency and school staff;

16 ‘‘(D) describes a strategy, tied to challeng17 ing State content standards and challenging

18 State student performance standards, for ad19 dressing those needs;

20 ‘‘(E) includes strong academic content and

21 pedagogical components;

22 ‘‘(F) takes into account the need for greater

23 access to and participation in the core academic

24 subjects, especially in mathematics and science,
687

•S 1513 RS

1 by students from historically underrepresented

2 groups;

3 ‘‘(G) is of sufficient intensity and duration

4 to have a positive and lasting impact on the stu5 dent’s performance in the classroom; and

6 ‘‘(H) sets specific outcome performance in7 dicators;

8 ‘‘(2) an assurance that the activities conducted

9 with the funds such agency received under this sub10 part will be assessed at least every three years using

11 the outcome performance indicators to determine the

12 effectiveness of such activities;

13 ‘‘(3) a description of how the programs funded

14 under this subpart will be coordinated, as appro15 priate, with—

16 ‘‘(A) services of educational service agencies;

17 ‘‘(B) services of institutions of higher edu18 cation;

19 ‘‘(C) State and local funds;

20 ‘‘(D) resources provided under part A of

21 title I and other provisions of this Act;

22 ‘‘(E) resources from business, industry, mu23 seums, libraries, educational television stations,

24 and public and private nonprofit organizations

25 of demonstrated experience;
688

•S 1513 RS

1 ‘‘(F) resources provided under parts B and

2 D of the Individuals with Disabilities Education

3 Act; and

4 ‘‘(G) funds received from other Federal

5 agencies, such as the National Science Founda6 tion, the Department of Energy, the Department

7 of Health and Human Services, the National

8 Endowment for the Arts, the Institute of Museum

9 Services, and the National Endowment for the

10 Humanities;

11 ‘‘(4) an identification of the sources of funding

12 that will provide the local educational agency’s con13 tribution under section 2128; and

14 ‘‘(5) a description of the strategies to be em15 ployed to more fully and effectively involve parents in

16 the education of their children.

17 ‘‘(c) DURATION OF THE PLAN.—Each local plan de18 scribed in subsection (b)(1) shall—

19 ‘‘(1) remain in effect for the duration of the local

20 educational agency’s participation under this sub21 part; and

22 ‘‘(2) be periodically reviewed and revised by the

23 local educational agency, as necessary, to reflect

24 changes in the local educational agency’s strategies

25 and programs under this subpart.
689

•S 1513 RS

1 ‘‘SEC. 2128. LOCAL COST-SHARING.

2 ‘‘(a) IN GENERAL.—Each local educational agency

3 shall provide at least 33 percent of the cost of the activities

4 assisted under this subpart, excluding the cost of services

5 provided to private school teachers.

6 ‘‘(b) AVAILABLE RESOURCES FOR COST-SHARING.—

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

8 may meet the requirement of subsection (a) through

9 one or more of the following:

10 ‘‘(A) Cash expenditures from non-Federal

11 sources directed toward professional development

12 activities.

13 ‘‘(B) Release time for teachers participating

14 in professional development assisted under this

15 subpart.

16 ‘‘(C) Funds received under one or more of

17 the following programs, so long as such funds are

18 used for professional development activities con19 sistent with this subpart and the statutes under

20 which such funds were received, and are used to

21 benefit students and teachers in schools that oth22 erwise would have been served with such funds:

23 ‘‘(i) Part A of title I.

24 ‘‘(ii) Parts B and D of the Individuals

25 with Disabilities Education Act.
690

•S 1513 RS

1 ‘‘(iii) The Safe and Drug-Free Schools

2 and Communities program under part A of

3 title V.

4 ‘‘(iv) Bilingual Education Programs

5 under part A of title VII.

6 ‘‘(v) The Women’s Educational Equity

7 Act of 1994.

8 ‘‘(vi) Title III of the Goals 2000: Edu9 cate America Act.

10 ‘‘(vii) Programs that are related to the

11 purposes of this Act that are administered

12 by other Federal agencies, including the Na13 tional Science Foundation, the National

14 Endowment for the Humanities, the Na15 tional Endowment for the Arts, the Institute

16 of Museum Services, and the Department of

17 Energy.

18 ‘‘(2) SPECIAL RULE.—A local educational agency

19 may meet the requirement of subsection (a) through

20 contributions described in paragraph (1) that are

21 provided in cash or in kind, fairly evaluated.
691

•S 1513 RS

1 ‘‘SEC. 2129. LOCAL ALLOCATION OF FUNDS AND ALLOW2 ABLE ACTIVITIES.

3 ‘‘(a) LOCAL ALLOCATION OF FUNDS.—Each local edu4 cational agency that receives funds under this subpart for

5 any fiscal year—

6 ‘‘(1) shall use at least 80 percent of such funds

7 for professional development of teachers, administra8 tors, pupil services personnel, parents, and other staff

9 of individual schools in a manner that—

10 ‘‘(A) is determined by such teachers and

11 staff;

12 ‘‘(B) to the extent practicable, takes place at

13 the individual school site; and

14 ‘‘(C) is consistent with the local educational

15 agency’s application under section 2127, any

16 school plan under part A of title I, and any

17 other plan for professional development carried

18 out with Federal, State, or local funds that em19 phasizes sustained, ongoing activities; and

20 ‘‘(2) may use not more than 20 percent of such

21 funds for school district-level professional development

22 activities, including the participation of administra23 tors, policymakers, and parents.

24 ‘‘(b) AUTHORIZED ACTIVITIES.—Each local edu25 cational agency and school that receives funds under this

26 subpart shall use such funds for activities that contribute
692

•S 1513 RS

1 to the implementation of the local educational agency’s pro2 fessional development plan described in section 2127(b)(1),

3 such as—

4 ‘‘(1) professional development for teams of teach5 ers, administrators, pupil services personnel, or other

6 staff from individual schools, to support teaching con7 sistent with challenging State content standards and

8 challenging State student performance standards and

9 to create a school environment conducive to high

10 achievement in the core academic subjects;

11 ‘‘(2) support and time, which in the case of

12 teachers may include release time with pay, for teach13 ers, pupil services personnel, and other school staff to

14 enable such teachers, personnel, and staff to partici15 pate in professional development in the core academic

16 subjects that are offered through professional associa17 tions, universities, and other providers such as com18 munity-based organizations, science centers and mu19 seums;

20 ‘‘(3) support and time, which in the case of

21 teachers may include release time with pay, for teach22 ers, pupil services personnel and other school staff to

23 participate in professional development that goes be24 yond training and encourages a variety of forms of

25 learning that are related to an educator’s regular
693

•S 1513 RS

1 work, such as group study and consultation with

2 peers and supervisors;

3 ‘‘(4) support and time for teachers, pupil services

4 personnel and other school staff to learn and imple5 ment effective intervention or collaboration for the in6 struction of children with disabilities placed into gen7 eral education settings, consistent with such child’s

8 individualized education program;

9 ‘‘(5) professional development which incorporates

10 effective strategies, techniques, methods, and practices

11 for meeting the educational needs of diverse groups of

12 students, including females, minorities, individuals

13 with disabilities, limited-English proficient individ14 uals and economically disadvantaged individuals;

15 ‘‘(6) peer training and mentoring programs, in16 cluding cross-generational mentoring, in the core aca17 demic subjects and in the developmental, social, emo18 tional and mental health needs of children;

19 ‘‘(7) establishment and maintenance of local pro20 fessional networks that provide a forum for inter21 action among teachers and pupil services personnel

22 and that allow exchange of information on advances

23 in content and pedagogy;

24 ‘‘(8) activities that provide followup for teachers

25 who have participated in professional development ac-
694

•S 1513 RS

1 tivities that are designed to ensure that the knowledge

2 and skills learned by the teacher are implemented in

3 the classroom;

4 ‘‘(9) preparing teachers and pupil services per5 sonnel to work with parents and families on fostering

6 student achievement in the core academic subjects;

7 ‘‘(10) preparing teachers in the effective use of

8 educational technology and assistive technology as in9 structional tools for increasing student understanding

10 of the core academic subjects;

11 ‘‘(11) establishing policies to permit teachers to

12 meet pay ladder requirements by demonstrating con13 tent and pedagogical competence rather than by only

14 meeting course requirements;

15 ‘‘(12) professional development to enable teach16 ers, pupil services personnel, and other school staff to

17 ensure that girls and young women, minorities, lim18 ited-English proficient students, individuals with dis19 abilities, and the economically disadvantaged have

20 full opportunity to achieve to challenging State con21 tent standards and challenging State student perform22 ance standards in the core academic subjects;

23 ‘‘(13) professional development activities de24 signed to increase the numbers of minorities, individ25 uals with disabilities, and other underrepresented
695

•S 1513 RS

1 groups in the teaching force and to increase the num2 bers of women and members of other underrepresented

3 groups who are science and mathematics teachers, for

4 example, through career ladder programs that assist

5 educational paraprofessionals to obtain teaching cre6 dentials;

7 ‘‘(14) professional development activities and

8 other support for new teachers as such teachers transi9 tion into the classroom to provide such teachers with

10 practical support and increase retention;

11 ‘‘(15) professional development for teachers, par12 ents, early childhood educators, administrators, and

13 other staff to support activities and services related to

14 the Transition to Success program developed under

15 part B of title I;

16 ‘‘(16) developing incentive strategies for reward17 ing teachers, administrators, and pupil services per18 sonnel collectively in schools that sustain high per19 formance or consistent growth in the number of their

20 students who meet the challenging State content

21 standards and challenging State student performance

22 standards;

23 ‘‘(17) providing financial or other incentives for

24 teachers to become certified by nationally recognized

25 professional teacher enhancement programs;
696

•S 1513 RS

1 ‘‘(18) developing strategies and programs to

2 more effectively involve parents in the education of

3 their children;

4 ‘‘(19) professional development activities de5 signed to increase the number of women and other

6 underrepresented groups in the administration of

7 schools;

8 ‘‘(20) release time with pay for teachers; and

9 ‘‘(21) professional development in experiential10 based teaching methods such as service learning.

11 ‘‘SEC. 2130. HIGHER EDUCATION ACTIVITIES.

12 ‘‘(a) IN GENERAL.—

13 ‘‘(1) IN GENERAL.—From amounts made avail14 able under section 2123(2), the State agency for high15 er education, working in conjunction with the State

16 educational agency (if such agencies are separate),

17 shall award grants to, or enter into contracts or coop18 erative agreements with, institutions of higher edu19 cation or private nonprofit organizations working in

20 conjunction with local educational agencies, for pro21 fessional development activities in the core academic

22 subjects that contribute to the State plan for profes23 sional development.
697

•S 1513 RS

1 ‘‘(2) COMPETITIVE BASIS.—Each grant, contract

2 or cooperative agreement described in paragraph (1)

3 shall be awarded on a competitive basis.

4 ‘‘(3) JOINT EFFORTS.—Each activity assisted

5 under this section, where applicable, shall involve the

6 joint effort of the institution of higher education’s

7 school or department of education, if any, and the

8 schools or departments in the specific disciplines in

9 which such professional development will be provided.

10 ‘‘(b) ALLOWABLE ACTIVITIES.—A recipient of funds

11 under this section shall use such funds for—

12 ‘‘(1) sustained and intensive high-quality profes13 sional development for teams of teachers, or teachers,

14 pupil services personnel and administrators from in15 dividual schools or school districts;

16 ‘‘(2) preservice training activities; and

17 ‘‘(3) other sustained and intensive professional

18 development activities related to achievement of the

19 State plan for professional development.

20 ‘‘(c) PARTNERSHIPS.—Each institution of higher edu21 cation receiving a grant under this section may also enter

22 into a partnership with a private industry, museum, li23 brary, educational television station, or public or private

24 nonprofit organization of demonstrated experience to carry
698

•S 1513 RS

1 out professional development activities assisted under this

2 section.

3 ‘‘SEC. 2131. CONSORTIUM REQUIREMENT.

4 ‘‘(a) IN GENERAL.—Any local educational agency re5 ceiving a grant under this part of less than $10,000 shall

6 form a consortium with another local educational agency

7 or an educational service agency serving another local edu8 cational agency to be eligible to participate in programs

9 assisted under this part.

10 ‘‘(b) WAIVER.—The Chief State School Officer may

11 waive the requirements of subsection (a) if distances or

12 traveling time between schools make formation of the con13 sortium more costly or less effective.

14 ‘‘(c) SPECIAL RULE.—Each consortium shall rely, as

15 much as possible, on technology or other arrangements to

16 deliver staff development tailored to the needs of each school

17 or school district participating in a consortium described

18 in subsection (a).

19 ‘‘Subpart 3—Professional Development Demonstration

20 Project

21 ‘‘SEC. 2141. FINDINGS AND PURPOSE.

22 ‘‘(a) FINDINGS.—The Congress finds that—

23 ‘‘(1) underlying the standards-driven framework

24 of the Goals 2000: Educate America Act and the high

25 academic standards for eligible students under title I
699

•S 1513 RS

1 is a widespread need to prepare teachers to teach to

2 higher standards;

3 ‘‘(2) prospective and current teachers need

4 knowledge and skills beyond what such teachers cur5 rently possess;

6 ‘‘(3) while both the Goals 2000: Educate America

7 Act and titles I and II have extensive references to

8 professional development of teachers, there are no pro9 visions to incorporate ‘on-the-ground’ planning and

10 implementation to serve as models for local edu11 cational agencies across the Nation; and

12 ‘‘(4) better prepared teachers can lead to im13 proved student achievement, especially for students

14 who are furthest from reaching high standards.

15 ‘‘(b) PURPOSE.—It is the purpose of this subpart—

16 ‘‘(1) to address the need for professional develop17 ment with a primary focus on teachers;

18 ‘‘(2) to provide both prospective teachers and

19 current teachers opportunities to learn both the con20 tent and the pedagogy needed to teach to high stand21 ards; and

22 ‘‘(3) to build models, in a few cities and States,

23 that demonstrate new organizational arrangements

24 and deep investments in teachers necessary to better

25 prepare teachers for new standards and assessments.
700

•S 1513 RS

1 ‘‘SEC. 2142. DEMONSTRATION PROGRAM AUTHORIZED.

2 ‘‘(a) GENERAL AUTHORITY.—

3 ‘‘(1) IN GENERAL.—The Secretary shall carry

4 out a demonstration project under which the Sec5 retary awards grants in accordance with this subpart

6 to eligible partnerships to enable such partnerships to

7 plan and implement professional development pro8 grams.

9 ‘‘(2) PROGRAM REQUIREMENTS.—The programs

10 described in paragraph (1)—

11 ‘‘(A) shall focus on increasing teachers’

12 knowledge and understanding of content by pro13 viding teachers opportunities to improve their

14 knowledge and to improve their classroom prac15 tice in order to help students meet high academic

16 standards;

17 ‘‘(B) shall include teachers at all career

18 stages, from student teachers or interns through

19 senior team leaders or department chairs; and

20 ‘‘(C) may incorporate professional develop21 ment for principals, pupil services personnel,

22 aides, other school-based staff, and parents.

23 ‘‘(b) ELIGIBLE PARTNERSHIPS.—For the purpose of

24 this subpart the term ‘eligible partnership’ means a part25 nership consisting of—
701

•S 1513 RS

1 ‘‘(1) a local educational agency, a subunit of

2 such agency, or a consortium of such agencies, in

3 which at least 50 percent of the schools served by such

4 agency, subunit, or consortium are eligible to partici5 pate in schoolwide programs under section 1114; or

6 ‘‘(2) other partners that—

7 ‘‘(A) shall include, at a minimum, a teach8 ers’ union (if appropriate), one or more institu9 tions of higher education which may include fac10 ulty from schools of education and faculty from

11 schools of arts and sciences, and a local parent

12 or community council; and

13 ‘‘(B) may include a business partner or a

14 nonprofit organization with a demonstrated

15 record in staff development.

16 ‘‘SEC. 2143. GRANTS.

17 ‘‘(a) AUTHORITY.—

18 ‘‘(1) IN GENERAL.—The Secretary shall award

19 grants for planning, and grants for the implementa20 tion of, professional development programs under this

21 subpart.

22 ‘‘(2) DISTRIBUTION.—The Secretary shall award

23 not less than 75 percent of the funds available for

24 grants under this part to eligible partnerships serving

25 the schools with the greatest number of poor students.
702

•S 1513 RS

1 To the extent possible, such grants shall be awarded

2 to eligible partnerships serving both rural and urban

3 school districts and in a manner that reflects geo4 graphic and racial diversity.

5 ‘‘(3) NUMBER OF GRANTS.—In the first year that

6 the Secretary awards grants under this subpart, the

7 Secretary shall award at least twice as many plan8 ning grants as implementation grants in order to re9 ceive well-developed plans for long-term funding

10 under this subpart.

11 ‘‘(b) GRANT REQUIREMENTS.—

12 ‘‘(1) DURATION.—The Secretary shall award—

13 ‘‘(A) planning grants under this subpart for

14 a period of not less than 6 months and not more

15 than 9 months; and

16 ‘‘(B) implementation grants under this sub17 part for a period of four fiscal years.

18 ‘‘(2) AMOUNT.—The Secretary shall award

19 grants under this subpart in an amount determined

20 on the basis of the size of the program and the level

21 of investment the eligible partnership is making in

22 teacher development in the area served by the eligible

23 partnership, including local, State, and Federal funds

24 and existing higher education resources, except that
703

•S 1513 RS

1 no grant under this subpart shall exceed $500,000 in

2 any one fiscal year.

3 ‘‘SEC. 2144. PLAN.

4 ‘‘Each eligible partnership desiring assistance under

5 this subpart shall develop a plan for the program to be as6 sisted under this subpart. Such plan shall—

7 ‘‘(1) identify clearly how such plan will support

8 an overall systemic reform strategy giving special at9 tention to the role of teacher preparation for new

10 standards and assessment;

11 ‘‘(2) describe the eligible partnership’s instruc12 tional objectives and how the professional development

13 activities will support such objectives;

14 ‘‘(3) specify the organizational arrangements

15 and delivery strategies to be used, such as teacher cen16 ters, professional development schools, teacher net17 works, academic alliances, as well as the curriculum

18 for teachers;

19 ‘‘(4) specify the commitments the local edu20 cational agencies, teacher’s union, institutions of

21 higher education or any other entity participating in

22 such partnership are prepared to make, not only to

23 support program activities such as release time, con24 tractual flexibility, support for interns or student

25 teachers if applicable, but also to sustain the central
704

•S 1513 RS

1 aspects of the plan after the expiration of the grant;

2 and

3 ‘‘(5) describe how the activities described under

4 this subpart will lead to districtwide policy and budg5 et changes.

6 ‘‘SEC. 2145. TECHNICAL ASSISTANCE.

7 ‘‘The Secretary is authorized to enter into an arrange8 ment with an intermediary organization to enable such or9 ganization to provide technical assistance to eligible part10 nerships receiving assistance under this subpart.

11 ‘‘SEC. 2146. MATCHING FUNDS.

12 ‘‘The Secretary shall give special priority to awarding

13 grants under this subpart to eligible partnerships that dem14 onstrate such partnership’s ability to raise matching funds

15 from private sources.

16 ‘‘Subpart 4—General Provisions

17 ‘‘SEC. 2151. REPORTING AND ACCOUNTABILITY.

18 ‘‘(a) STATES.—Each State that receives funds under

19 this part shall submit a report to the Secretary every three

20 years, beginning with fiscal year 1997, on the State’s

21 progress toward the outcome performance indicators identi22 fied in such State’s State plan, as well as on the effective23 ness of State and local activities assisted under this part.

24 ‘‘(b) LOCAL EDUCATIONAL AGENCIES.—Each local

25 educational agency that receives funds under this part shall
705

•S 1513 RS

1 submit a report to the State every three years, beginning

2 with fiscal year 1997, regarding the progress of such agency

3 toward outcome performance indicators identified in such

4 agency’s local plan, as well as on the effectiveness of such

5 agency’s activities under this part.

6 ‘‘(c) FEDERAL EVALUATION.—The Secretary shall re7 port to the President and the Congress on the effectiveness

8 of programs and activities assisted under this part in ac9 cordance with section 10701.

10 ‘‘SEC. 2152. DEFINITIONS.

11 ‘‘As used in this part—

12 ‘‘(1) the term ‘core academic subjects’ means sub13 jects such as English, mathematics, science, foreign

14 languages, civics and government, economics, arts,

15 history, and geography;

16 ‘‘(2) the term ‘sustained and intensive high-qual17 ity professional development’ means professional de18 velopment activities that—

19 ‘‘(A) are tied to challenging State content

20 standards, challenging State student performance

21 standards, voluntary national content standards

22 or voluntary national student performance

23 standards;

24 ‘‘(B) reflect up-to-date research in teaching

25 and learning and include integrated content and
706

•S 1513 RS

1 pedagogical components appropriate for students

2 with diverse learning needs;

3 ‘‘(C) are of sufficient intensity and dura4 tion to have a positive and lasting impact on the

5 teacher’s performance in the classroom or the ad6 ministrator’s performance on the job; and

7 ‘‘(D) recognize teachers as an important

8 source of knowledge that should inform and help

9 shape professional development; and

10 ‘‘(3) the term ‘outcome performance indicators’

11 means measures of specific outcomes that the State or

12 local educational agency identify as assessing progress

13 toward the goal of ensuring that all teachers have the

14 knowledge and skills necessary to assist their students

15 to meet challenging State content standards and chal16 lenging State student performance standards in the

17 core academic subjects, such as—

18 ‘‘(A) the degree to which licensure require19 ments are tied to challenging State content

20 standards and challenging State student per21 formance standards;

22 ‘‘(B) specific increases in the number of

23 teachers who are certified by the National Board

24 for Professional Teaching Standards or other na-
707

•S 1513 RS

1 tionally recognized professional teacher enhance2 ment organizations;

3 ‘‘(C) pass rates on teacher examinations for

4 initial and continuing certification or licensure;

5 ‘‘(D) specific increases in the number of ele6 mentary and secondary teachers with strong con7 tent backgrounds in the core academic subjects;

8 and

9 ‘‘(E) specific increases in the number of

10 teachers licensed in each core academic subject.

11 ‘‘PART B—NATIONAL WRITING PROJECT

12 ‘‘SEC. 2201. SHORT TITLE.

13 ‘‘This part may be cited as the ‘National Writing

14 Project Act’.

15 ‘‘SEC. 2202. FINDINGS.

16 ‘‘The Congress finds that—

17 ‘‘(1) the United States faces a crisis in writing

18 in schools and in the workplace;

19 ‘‘(2) the writing problem has been magnified by

20 the rapidly changing student populations in the Na21 tion’s schools and the growing number of students

22 who are at risk because of limited English pro23 ficiency;

24 ‘‘(3) over the past 2 decades, universities and

25 colleges across the country have reported increasing
708

•S 1513 RS

1 numbers of entering freshmen who are unable to write

2 at a level equal to the demands of college work;

3 ‘‘(4) American businesses and corporations are

4 concerned about the limited writing skills of entry5 level workers, and a growing number of executives are

6 reporting that advancement was denied to such execu7 tives due to inadequate writing abilities;

8 ‘‘(5) writing and reading are both fundamental

9 to learning, yet writing has been historically neglected

10 in the schools and colleges, and most teachers in the

11 United States elementary schools, secondary schools,

12 and colleges have not been trained to teach writing;

13 ‘‘(6) since 1973, the only national program to

14 address the writing problem in the Nation’s schools

15 has been the National Writing Project, a network of

16 collaborative university-school programs whose goal is

17 to improve the quality of student writing and the

18 teaching of writing at all grade levels and to extend

19 the uses of writing as a learning process through all

20 disciplines;

21 ‘‘(7) the National Writing Project offers summer

22 and school year inservice teacher training programs

23 and a dissemination network to inform and teach

24 teachers of developments in the field of writing;
709

•S 1513 RS

1 ‘‘(8) the National Writing Project is a nationally

2 recognized and honored nonprofit organization that

3 recognizes that there are teachers in every region of

4 the United States who have developed successful meth5 ods for teaching writing and that such teachers can

6 be trained and encouraged to train other teachers;

7 ‘‘(9) the National Writing Project has become a

8 model for programs to improve teaching in such other

9 fields as mathematics, science, history, literature, per10 forming arts, and foreign languages;

11 ‘‘(10) the National Writing Project teacher-teach12 ing-teachers program identifies and promotes what is

13 working in the classrooms of the Nation’s best teach14 ers;

15 ‘‘(11) the National Writing Project teacher-teach16 ing-teachers project is a positive program that cele17 brates good teaching practices and good teachers and

18 through its work with schools increases the Nation’s

19 corps of successful classroom teachers;

20 ‘‘(12) evaluations of the National Writing

21 Project document the positive impact the project has

22 had on improving the teaching of writing, student

23 performance, and student thinking and learning abil24 ity;
710

•S 1513 RS

1 ‘‘(13) the National Writing Project programs

2 offer career-long education to teachers, and teachers

3 participating in the National Writing Project receive

4 graduate academic credit;

5 ‘‘(14) each year over 100,000 teachers volun6 tarily seek training in National Writing Project in7 tensive summer institutes and workshops and school8 year inservice programs through one of the 154 re9 gional sites located in 45 States, the Commonwealth

10 of Puerto Rico, and in four sites that serve United

11 States teachers teaching in United States dependent

12 and independent schools;

13 ‘‘(15) 250 National Writing Project sites are

14 needed to establish regional sites to serve all teachers;

15 ‘‘(16) private foundation resources, although gen16 erous in the past, are inadequate to fund all of the

17 National Writing Project sites needed and the future

18 of the program is in jeopardy without secure finan19 cial support;

20 ‘‘(17) independent evaluation studies have found

21 the National Writing Project to be highly cost-effective

22 compared to other professional development programs

23 for teachers; and

24 ‘‘(18) during 1991, the first year of Federal sup25 port for the National Writing Project, the National
711

•S 1513 RS

1 Writing Project matched the $1,951,975 in Federal

2 support with $9,485,504 in matching funds from

3 State, local, and other sources.

4 ‘‘SEC. 2203. NATIONAL WRITING PROJECT.

5 ‘‘(a) AUTHORIZATION.—The Secretary is authorized to

6 make a grant to the National Writing Project (hereafter in

7 this section referred to as the ‘grantee’), a nonprofit edu8 cational organization which has as its primary purpose the

9 improvement of the quality of student writing and learning,

10 and the teaching of writing as a learning process in the

11 Nation’s classrooms—

12 ‘‘(1) to support and promote the establishment of

13 teacher training programs, including the dissemina14 tion of effective practices and research findings re15 garding the teaching of writing and administrative

16 activities;

17 ‘‘(2) to support classroom research on effective

18 teaching practice and to document student perform19 ance;

20 ‘‘(3) to coordinate activities assisted under this

21 section with activities assisted under part A; and

22 ‘‘(4) to pay the Federal share of the cost of such

23 programs.

24 ‘‘(b) REQUIREMENTS OF GRANT.—The grant shall pro25 vide that—
712

•S 1513 RS

1 ‘‘(1) the grantee will enter into contracts with

2 institutions of higher education or other nonprofit

3 educational providers (hereafter in this section re4 ferred to as ‘contractors’) under which the contractors

5 will agree to establish, operate, and provide the non6 Federal share of the cost of teacher training programs

7 in effective approaches and processes for the teaching

8 of writing;

9 ‘‘(2) funds made available by the Secretary to

10 the grantee pursuant to any contract entered into

11 under this section will be used to pay the Federal

12 share of the cost of establishing and operating teacher

13 training programs as provided in paragraph (1); and

14 ‘‘(3) the grantee will meet such other conditions

15 and standards as the Secretary determines to be nec16 essary to assure compliance with the provisions of

17 this section and will provide such technical assistance

18 as may be necessary to carry out the provisions of

19 this section.

20 ‘‘(c) TEACHER TRAINING PROGRAMS.—The teacher

21 training programs authorized in subsection (a) shall—

22 ‘‘(1) be conducted during the school year and

23 during the summer months;

24 ‘‘(2) train teachers who teach grades kinder25 garten through college;
713

•S 1513 RS

1 ‘‘(3) select teachers to become members of a Na2 tional Writing Project teacher network whose mem3 bers will conduct writing workshops for other teachers

4 in the area served by each National Writing Project

5 site; and

6 ‘‘(4) encourage teachers from all disciplines to

7 participate in such teacher training programs.

8 ‘‘(d) FEDERAL SHARE.—

9 ‘‘(1) IN GENERAL.—Except as provided in para10 graph (2) or (3) and for purposes of subsection (a),

11 the term ‘Federal share’ means, with respect to the

12 costs of teacher training programs authorized in sub13 section (a), 50 percent of such costs to the contractor.

14 ‘‘(2) WAIVER.—The Secretary may waive the

15 provisions of paragraph (1) on a case-by-case basis if

16 the National Advisory Board described in subsection

17 (f) determines, on the basis of financial need, that

18 such waiver is necessary.

19 ‘‘(3) MAXIMUM.—The Federal share of the costs

20 of teacher training programs conducted pursuant to

21 subsection (a) may not exceed $40,000 for any one

22 contractor, or $200,000 for a statewide program ad23 ministered by any one contractor in at least five sites

24 throughout the State.

25 ‘‘(e) CLASSROOM TEACHER GRANTS.—
714

•S 1513 RS

1 ‘‘(1) IN GENERAL.—The National Writing

2 Project may reserve an amount not to exceed 5 per3 cent of the amount appropriated pursuant to the au4 thority of this section to make grants, on a competi5 tive basis, to elementary and secondary school teach6 ers to enable such teachers to—

7 ‘‘(A) conduct classroom research;

8 ‘‘(B) publish models of student writing;

9 ‘‘(C) conduct research regarding effective

10 practices to improve the teaching of writing; and

11 ‘‘(D) conduct other activities to improve the

12 teaching and uses of writing.

13 ‘‘(2) SUPPLEMENT AND NOT SUPPLANT.—Grants

14 awarded pursuant to paragraph (1) shall be used to

15 supplement and not supplant State and local funds

16 available for the purposes set forth in paragraph (1).

17 ‘‘(3) MAXIMUM GRANT AMOUNT.—Each grant

18 awarded pursuant to this subsection shall not exceed

19 $2,000.

20 ‘‘(f) NATIONAL ADVISORY BOARD.—

21 ‘‘(1) ESTABLISHMENT.—The National Writing

22 Project shall establish and operate a National Advi23 sory Board.
715

•S 1513 RS

1 ‘‘(2) COMPOSITION.—The National Advisory

2 Board established pursuant to paragraph (1) shall

3 consist of—

4 ‘‘(A) national educational leaders;

5 ‘‘(B) leaders in the field of writing; and

6 ‘‘(C) such other individuals as the National

7 Writing Project deems necessary.

8 ‘‘(3) DUTIES.—The National Advisory Board es9 tablished pursuant to paragraph (1) shall—

10 ‘‘(A) advise the National Writing Project on

11 national issues related to student writing and

12 the teaching of writing;

13 ‘‘(B) review the activities and programs of

14 the National Writing Project; and

15 ‘‘(C) support the continued development of

16 the National Writing Project.

17 ‘‘(g) EVALUATION.—The Secretary shall conduct an

18 independent evaluation by grant or contract of the teacher

19 training programs administered pursuant to this Act in ac20 cordance with section 10701. Such evaluation shall specify

21 the amount of funds expended by the National Writing

22 Project and each contractor receiving assistance under this

23 section for administrative costs. The results of such evalua24 tion shall be made available to the appropriate committees

25 of the Congress.
716

•S 1513 RS

1 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There

2 are authorized to be appropriated for the grant to the Na3 tional Writing Project, $4,000,000 for fiscal year 1995, and

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

5 fiscal years, to carry out the provisions of this section.

6 ‘‘PART C—SUPPORT AND ASSISTANCE FOR ESEA

7 PROGRAMS

8 ‘‘Subpart 1—Comprehensive Regional Centers

9 ‘‘SEC. 2301. FINDINGS.

10 ‘‘The Congress finds that—

11 ‘‘(1) high-quality technical assistance can en12 hance the improvements in teaching and learning

13 achieved through the implementation of programs as14 sisted under this Act;

15 ‘‘(2) comprehensive technical assistance is an es16 sential ingredient of the overall strategy of the Im17 proving America’s Schools Act of 1994 to improve

18 programs and to provide all children opportunities to

19 meet challenging State content standards and chal20 lenging State student performance standards;

21 ‘‘(3) States, local educational agencies, and

22 schools serving students with special needs, such as

23 students with limited-English proficiency and stu24 dents with disabilities, have great need for com25 prehensive technical assistance in order to use funds
717

•S 1513 RS

1 under this Act to provide such students with opportu2 nities to learn to challenging State content standards

3 and challenging State student performance standards;

4 ‘‘(4) current technical assistance efforts are frag5 mented and categorical in nature, and thus fail to ad6 dress adequately the needs of States and local edu7 cational agencies for help in integrating into a coher8 ent strategy for improving teaching and learning the

9 various programs under this Act with State and local

10 programs and other education reform efforts;

11 ‘‘(5) too little creative use is made of technology

12 as a means of providing information and assistance

13 in a cost-effective way;

14 ‘‘(6) comprehensive technical assistance can help

15 schools and school systems focus on improving oppor16 tunities for all children to meet challenging State con17 tent standards and challenging State student perform18 ance standards, as such schools and systems imple19 ment programs under this Act;

20 ‘‘(7) comprehensive technical assistance will pro21 vide one-stop shopping to help States, local edu22 cational agencies, participating colleges and univer23 sities, and schools integrate Federal, State, local edu24 cation and pupil services programs in ways that con-
718

•S 1513 RS

1 tribute to improving schools and entire school sys2 tems; and

3 ‘‘(8) technical assistance in support of programs

4 assisted under this Act should be coordinated with the

5 Department’s regional offices, the regional educational

6 laboratories, and other technical assistance efforts

7 supported by the Department.

8 ‘‘SEC. 2302. PURPOSE.

9 ‘‘The purpose of this part is to make available to

10 States, local educational agencies, schools, and other recipi11 ents of funds under this Act technical assistance in—

12 ‘‘(1) administering and implementing programs

13 authorized by this Act;

14 ‘‘(2) implementing school reform programs; and

15 ‘‘(3) coordinating such programs with other Fed16 eral, State, and local education activities, so that all

17 students are provided opportunities to meet challeng18 ing State content standards and challenging State

19 student performance standards.

20 ‘‘SEC. 2303. PROGRAM AUTHORIZED.

21 ‘‘(a) COMPREHENSIVE REGIONAL CENTERS.—The Sec22 retary is authorized to establish one center in each of the

23 Department’s ten regions, and one center at the Pacific Re24 gional Education Laboratory in Honolulu, Hawaii, and

25 may establish field offices for each such center, in order to
719

•S 1513 RS

1 provide comprehensive technical assistance to States, local

2 educational agencies, schools, and other recipients of funds

3 under this Act in the administration and implementation

4 of programs authorized by this Act. In allocating resources

5 among the centers, the Secretary shall consider the geo6 graphic distribution of students with special needs.

7 ‘‘(b) TECHNOLOGY-BASED TECHNICAL ASSISTANCE.—

8 The Secretary is authorized to provide a technology-based

9 technical assistance service that will—

10 ‘‘(1) support the administration and implemen11 tation of programs authorized by this Act by provid12 ing information, including legal and regulatory infor13 mation, and technical guidance and information

14 about best practices; and

15 ‘‘(2) be accessible to all States, local educational

16 agencies, schools, community-based organizations, and

17 others who are recipients of funds under this Act.

18 ‘‘SEC. 2304. ELIGIBLE ENTITIES.

19 ‘‘The Secretary may carry out this part directly or

20 through grants to, or contracts or cooperative agreements

21 with, public or private agencies or organizations or consor22 tia of such agencies and organizations.

23 ‘‘SEC. 2305. COMPREHENSIVE REGIONAL CENTERS.

24 ‘‘Each comprehensive regional center established under

25 section 2303(a) shall—
720

•S 1513 RS

1 ‘‘(1) maintain staff expertise in at least all of the

2 following areas:

3 ‘‘(A) instruction, curriculum improvement,

4 school reform, pupil services, and other aspects of

5 title I;

6 ‘‘(B) meeting the needs of children served

7 under this Act, including children in high-pov8 erty areas, migratory children, children with

9 limited-English proficiency, neglected or delin10 quent children, homeless children and youth, In11 dian children, and children with disabilities;

12 ‘‘(C) professional development for teachers,

13 pupil services personnel, other school staff, and

14 administrators to help students meet challenging

15 State content standards and challenging State

16 student performance standards;

17 ‘‘(D) bilingual education, including pro18 grams that emphasize English and native lan19 guage proficiency, and promote multicultural

20 understanding;

21 ‘‘(E) safe and drug-free schools;

22 ‘‘(F) educational applications of technology;

23 ‘‘(G) parent involvement and participation;

24 ‘‘(H) the reform of schools and school sys25 tems;
721

•S 1513 RS

1 ‘‘(I) the special needs of students living in

2 rural areas and the special needs of local edu3 cational agencies serving rural areas; and

4 ‘‘(J) program evaluation;

5 ‘‘(2) ensure that technical assistance staff have

6 sufficient training, knowledge, and expertise in how

7 to integrate and coordinate programs assisted under

8 this Act, as well as integrating and coordinating pro9 grams assisted under this Act with other Federal,

10 State, and local programs and reforms;

11 ‘‘(3) work collaboratively with the Department’s

12 regional offices;

13 ‘‘(4) provide technical assistance using the high14 est quality and most cost-effective strategies possible;

15 ‘‘(5) provide information and assistance regard16 ing exemplary and promising practices;

17 ‘‘(6) work collaboratively, and coordinate the

18 services such center provides, with the general reform

19 assistance provided by the regional educational lab20 oratories and the National Diffusion Network State

21 Facilitators supported by the Office of Educational

22 Research and Improvement; and

23 ‘‘(7) consult with representatives of State edu24 cational agencies, local educational agencies, and

25 populations served under this Act.
722

•S 1513 RS

1 ‘‘SEC. 2306. INFORMATION COLLECTION AND EVALUATION.

2 ‘‘The Secretary shall evaluate activities assisted under

3 this part, and shall report to the President and the Congress

4 on the effectiveness of such activities by January 1, 1998.

5 ‘‘SEC. 2307. TRANSITION.

6 ‘‘(a) IN GENERAL.—The Secretary shall use funds ap7 propriated to carry out this part for at least fiscal years

8 1995 and 1996 in order to ensure an orderly transition and

9 phase-in of the comprehensive regional centers assisted

10 under this subpart.

11 ‘‘(b) EXTENSION OF PREVIOUS CENTERS.—In accord12 ance with subsection (a), and notwithstanding any other

13 provisions of law, the Secretary shall use funds appro14 priated to carry out this part to draw on the expertise of

15 staff and services from existing categorical assistance cen16 ters assisted under this Act (as such Act was in existence

17 on the day preceding the date of enactment of the Improving

18 America’s Schools Act of 1994) and, where appropriate and

19 feasible, to continue to support, through grants or the exten20 sion of awards, such centers in order to ensure that services

21 will not be interrupted, curtailed, or substantially dimin22 ished.

23 ‘‘SEC. 2308. AUTHORIZATION OF APPROPRIATIONS.

24 ‘‘For the purpose of carrying out this subpart, there

25 are authorized to be appropriated $70,000,000 for fiscal
723

•S 1513 RS

1 year 1995 and such sums as may be necessary for each of

2 the 4 succeeding fiscal years.

3 ‘‘Subpart 2—National Diffusion Network

4 ‘‘SEC. 2311. PROGRAM AUTHORIZED.

5 ‘‘(a) IN GENERAL.—In order to increase the effective6 ness of the comprehensive regional centers established under

7 subpart 1 and to promote school reform, the Secretary shall

8 carry out a State-based outreach, consultation, and dissemi9 nation program through the National Diffusion Network

10 and its State Facilitators. To carry out such program, the

11 Secretary shall make one or more awards in each State to

12 public educational agencies or public or private nonprofit

13 educational organizations or institutions to assist State

14 and local educational agencies, schools, and other appro15 priate educational entities in that State to identify and im16 plement exemplary or promising educational programs and

17 practices.

18 ‘‘(b) STATE FACILITATOR ACTIVITIES.—The National

19 Diffusion Network State Facilitators for each State shall—

20 ‘‘(1) identify educational programs and practices

21 for possible dissemination throughout the State and

22 Nation;

23 ‘‘(2) identify needs for assistance throughout the

24 State, including educational technology needs;
724

•S 1513 RS

1 ‘‘(3) provide professional development and tech2 nical assistance services;

3 ‘‘(4) promote and facilitate teacher networks

4 throughout the State; and

5 ‘‘(5) provide such other outreach, coordination,

6 and dissemination services as may be necessary to

7 achieve the purposes of this subpart.

8 ‘‘(c) COORDINATION AND ADMINISTRATION.—

9 ‘‘(1) COORDINATION.—The National Diffusion

10 Network State Facilitators shall work in close co11 operation, and coordinate their activities, with the

12 comprehensive regional centers established under sub13 part 1.

14 ‘‘(2) ADMINISTRATION.—The National Diffusion

15 Network State Facilitators program shall be adminis16 tered by the Office of Reform Assistance and Dissemi17 nation established under section 941(b) of the Edu18 cational Research, Development, Dissemination, and

19 Improvement Act of 1994.

20 ‘‘(d) NATIONAL DIFFUSION NETWORK EFFECTIVE

21 PROGRAMS AND PROMISING PRACTICES SYSTEM.—The Sec22 retary shall develop a system of validating effective pro23 grams and promising practices for dissemination through

24 the National Diffusion Network. Such system may include

25 exemplary programs funded through any office of the De-
725

•S 1513 RS

1 partment, the National Science Foundation, or other Fed2 eral agencies. Such system shall be coordinated, aligned

3 with, and administered by the Office of Reform Assistance

4 and Dissemination established under section 941(b) of the

5 Educational Research, Development, Dissemination, and

6 Improvement Act of 1994. The Secretary shall give priority

7 to identifying, validating, and disseminating effective

8 schoolwide projects, programs addressing the needs of high

9 poverty schools, and programs with the capacity to offer

10 high-quality, sustained technical assistance. The Office of

11 Educational Research and Improvement Office of Reform

12 Assistance and Dissemination shall also administer a grant

13 program for the purpose of dissemination and the provision

14 of technical assistance regarding such system.

15 ‘‘SEC. 2312. AUTHORIZATION OF APPROPRIATIONS.

16 ‘‘For the purpose of carrying out this subpart, there

17 are authorized to be appropriated $25,000,000 for fiscal

18 year 1995 and such sums as may be necessary for each of

19 the 4 succeeding fiscal years.

20 ‘‘Subpart 3—Eisenhower Regional Mathematics and

21 Science Education Consortiums

22 ‘‘SEC. 2321. PROGRAM ESTABLISHED.

23 ‘‘(a) IN GENERAL.—

24 ‘‘(1) GRANTS AUTHORIZED.—The Secretary, in

25 consultation with the Director of the National Science
726

•S 1513 RS

1 Foundation, is authorized to award grants or con2 tracts to eligible entities to enable such entities to es3 tablish and operate regional mathematics and science

4 education consortia for the purpose of—

5 ‘‘(A) disseminating exemplary mathematics

6 and science education instructional materials;

7 and

8 ‘‘(B) providing technical assistance for the

9 implementation of teaching methods and assess10 ment tools for use by elementary and secondary

11 school students, teachers and administrators.

12 ‘‘(2) NUMBER.—The Secretary shall, in accord13 ance with the provisions of this section, award at

14 least 1 grant or contract to an eligible entity in each

15 region.

16 ‘‘(3) SPECIAL RULE.—In any fiscal year, if the

17 amount made available pursuant to section 2328 is

18 less than $4,500,000, then the Secretary may waive

19 the provisions of paragraph (2) and award grants or

20 contracts of sufficient size, scope and quality to carry

21 out this section.

22 ‘‘(4) DESIGNATION.—Each regional consortium

23 assisted under this section shall be known as an ‘Ei24 senhower regional consortium’.
727

•S 1513 RS

1 ‘‘(b) GRANT TERM AND REVIEW.—Grants or contracts

2 under this subpart shall be awarded for a period of not

3 more than 5 years and shall be reviewed before the end of

4 the 30-month period beginning on the date the grant or con5 tract is awarded. Grants or contracts under this subpart

6 shall be awarded before the end of the 12-month period be7 ginning on the date of the enactment of an Act making ap8 propriations to carry out the provisions of this subpart.

9 ‘‘(c) AMOUNT.—In awarding grants or contracts under

10 this subpart, the Secretary shall assure that there is a rel11 atively equal distribution of the funds made available

12 among the regions, but the Secretary may award additional

13 funds to a regional consortium on the basis of population

14 and geographical conditions of the region being served.

15 ‘‘SEC. 2322. USE OF FUNDS.

16 ‘‘Funds provided under this subpart may be used by

17 a regional consortium, under the direction of a regional

18 board established pursuant to section 2324, to—

19 ‘‘(1) work cooperatively with the other regional

20 consortiums and the Eisenhower National Clearing21 house for Science and Mathematics Education estab22 lished under section 2123 to more effectively accom23 plish the activities described in this section;

24 ‘‘(2) assist, train and provide technical assist25 ance to classroom teachers, administrators, and other
728

•S 1513 RS

1 educators to identify, implement, assess or adapt the

2 instructional materials, teaching methods and assess3 ment tools described in paragraph (1);

4 ‘‘(3) provide for the training of classroom teach5 ers to enable such teachers to instruct other teachers,

6 administrators, and educators in the use of the in7 structional materials, teaching methods and assess8 ment tools described in paragraph (1) in the class9 room;

10 ‘‘(4) when necessary, provide financial assistance

11 to enable teachers and other educators to attend and

12 participate in the activities of the regional consor13 tium;

14 ‘‘(5) implement programs and activities designed

15 to meet the needs of groups that are underrepresented

16 in, and underserved by, mathematics and science edu17 cation;

18 ‘‘(6) assist State and local educational agencies

19 in identifying science equipment needs and help such

20 agencies or consortia thereof assess the need for and

21 desirability of regional mathematics and science

22 academies;

23 ‘‘(7) develop and disseminate early childhood

24 education mathematics and science instructional ma25 terials;
729

•S 1513 RS

1 ‘‘(8) disseminate information regarding informal

2 mathematics and science education activities and pro3 grams offered by Federal agencies and private or pub4 lic agencies and institutions within the region;

5 ‘‘(9) collect data on activities assisted under this

6 subpart in order to evaluate the effectiveness of the ac7 tivities of the regional consortiums;

8 ‘‘(10) identify exemplary teaching practices and

9 materials from within the region and communicate

10 such practices and materials to the Eisenhower Na11 tional Clearinghouse for Mathematics and Science

12 Education;

13 ‘‘(11) communicate, on a regular basis, with en14 tities within the region who are delivering services to

15 students and teachers of mathematics and science;

16 ‘‘(12) assist in the development and evaluation of

17 State and regional plans and activities that hold

18 promise of bringing about systemic reform in student

19 performance in mathematics and science; and

20 ‘‘(13) increase the use of informal education enti21 ties (such as science technology centers, museums, li22 braries, Saturday academies, and 4H programs) for

23 educational purposes to expand student knowledge

24 and understanding.
730

•S 1513 RS

1 ‘‘SEC. 2323. APPLICATION AND REVIEW.

2 ‘‘(a) IN GENERAL.—Each eligible entity desiring a

3 grant or contract under this subpart shall submit an appli4 cation to the Secretary at such time, in such manner, and

5 accompanied by such additional information as the Sec6 retary may reasonably require. Each such application

7 shall—

8 ‘‘(1) demonstrate that the eligible entity has

9 demonstrated expertise in the fields of mathematics

10 and science education;

11 ‘‘(2) demonstrate that the eligible entity shall

12 implement and disseminate mathematics and science

13 education instructional materials, teaching methods,

14 and assessment tools through a consortium of the re15 gion’s mathematics and science education organiza16 tions and agencies;

17 ‘‘(3) demonstrate that the eligible entity shall

18 carry out the functions of the regional consortium;

19 ‘‘(4) demonstrate that emphasis will be given to

20 programs and activities designed to meet the needs of

21 groups that are underrepresented in, and underserved

22 by, mathematics and science education;

23 ‘‘(5) demonstrate that the business community in

24 the region served by the regional consortium will play

25 an integral role in designing and supporting the re26 gional consortium’s work;
731

•S 1513 RS

1 ‘‘(6) demonstrate that the eligible entity will con2 sider the resources of existing Star Schools consortia

3 established pursuant to the Star Schools Program As4 sistance Act in carrying out the provisions of this

5 subpart, where appropriate; and

6 ‘‘(7) assure that the entity will conduct its ac7 tivities and supervise its personnel in a manner that

8 effectively ensures compliance with the copyright laws

9 of the United States under title 17, United States

10 Code.

11 ‘‘(b) APPROVAL OF APPLICATION.—

12 ‘‘(1) IN GENERAL.—The Secretary shall approve

13 or disapprove applications submitted pursuant to

14 subsection (a) in accordance with the criteria and

15 procedures established under paragraph (2).

16 ‘‘(2) PROCEDURES AND CRITERIA.—The Sec17 retary shall develop procedures and criteria designed

18 to ensure that grants or contracts are awarded on the

19 basis of merit as determined by the competitive peer

20 review process described in paragraph (3).

21 ‘‘(3) NATIONAL PANEL.—(A) The Secretary, in

22 consultation with the Director, shall establish a na23 tional panel, or to the extent necessary, panels, to

24 submit to the Secretary recommendations for awards

25 of grants or contracts under this subpart. The Sec-
732

•S 1513 RS

1 retary shall appoint the members of such panel or

2 panels.

3 ‘‘(B) Each panel appointed under subparagraph

4 (A) shall include participation, to the extent feasible,

5 from each region.

6 ‘‘SEC. 2324. REGIONAL BOARDS.

7 ‘‘(a) IN GENERAL.—Each eligible entity receiving a

8 grant or contract under this subpart shall establish a re9 gional board to oversee the administration and establish10 ment of program priorities for the regional consortium es11 tablished by such eligible entity. Such regional board shall

12 be broadly representative of the agencies and organizations

13 participating in the regional consortium.

14 ‘‘(b) PROHIBITION ON USE OF FEDERAL FUNDS.—No

15 Federal funds may be used for the establishment or oper16 ation of a regional board required by subsection (a), except

17 that at the discretion of a regional board, Federal funds

18 may be used to provide assistance such as travel and accom19 modations for board members who could not otherwise af20 ford to participate as members of the board.

21 ‘‘SEC. 2325. PAYMENTS; FEDERAL SHARE; NON-FEDERAL

22 SHARE.

23 ‘‘(a) PAYMENTS.—The Secretary shall pay to each eli24 gible entity having an application approved under section
733

•S 1513 RS

1 2323 the Federal share of the cost of the activities described

2 in the application.

3 ‘‘(b) FEDERAL SHARE.—For the purpose of subsection

4 (a), the Federal share shall be 80 percent.

5 ‘‘(c) NON-FEDERAL SHARE.—The non-Federal share of

6 the cost of activities described in the application submitted

7 pursuant to this section may be in cash or in kind, fairly

8 evaluated. At least 10 percent of such non-Federal share

9 shall be from sources other than the Federal Government

10 or State or local government.

11 ‘‘SEC. 2326. EVALUATION.

12 ‘‘(a) EVALUATION REQUIRED.—The Secretary,

13 through the Office of Educational Research and Improve14 ment and in accordance with section 10701, shall collect

15 sufficient data on, and evaluate the effectiveness of, the ac16 tivities of each regional consortium.

17 ‘‘(b) ASSESSMENT.—The evaluations described in

18 paragraph (1) shall include an assessment of the effective19 ness of the regional consortium in meeting the needs of the

20 schools, teachers, administrators and students in the region.

21 ‘‘(c) REPORT.—At the end of each grant or contract

22 period, the Secretary shall submit to the Congress a report

23 on the effectiveness of the programs conducted at each re24 gional consortium.
734

•S 1513 RS

1 ‘‘SEC. 2327. DEFINITIONS.

2 ‘‘For purposes of this subpart:

3 ‘‘(1) The term ‘eligible entity’ means—

4 ‘‘(A) a private nonprofit organization of

5 demonstrated effectiveness;

6 ‘‘(B) an institution of higher education;

7 ‘‘(C) an elementary or secondary school;

8 ‘‘(D) a State or local educational agency;

9 ‘‘(E) a regional educational laboratory in

10 consortium with the research and development

11 center established under section 931(c)(1)(B)(i)

12 of the Educational Research, Development, Dis13 semination, and Improvement Act of 1994; or

14 ‘‘(F) any combination of the entities de15 scribed in subparagraphs (A) through (E),

16 with demonstrated expertise in mathematics and

17 science education.

18 ‘‘(2) The terms ‘mathematics’ and ‘science’ in19 clude the technology education associated with such

20 mathematics and science, respectively.

21 ‘‘(3) The term ‘region’ means a region of the

22 United States served by a regional education labora23 tory that is supported by the Secretary pursuant to

24 section 405(d)(4)(A)(i) of the General Education Pro25 visions Act (as such section was in existence on the
735

•S 1513 RS

1 day preceding the date of enactment of the Goals

2 2000: Educate America Act.

3 ‘‘(4) The term ‘regional consortium’ means each

4 regional mathematics and science education consor5 tium established pursuant to section 2311.

6 ‘‘(5) The term ‘State agency for higher edu7 cation’ means the State board of higher education or

8 other agency or officer primarily responsible for the

9 State supervision of higher education, or, if there is

10 no such officer or agency, an officer or agency des11 ignated for the purpose of this title by the Governor

12 or by State law.

13 ‘‘SEC. 2328. AUTHORIZATION OF APPROPRIATIONS.

14 ‘‘There are authorized to be appropriated $23,000,000

15 for fiscal year 1995, and such sums as may be necessary

16 for each of the 4 succeeding fiscal years, to carry out this

17 subpart.

18 ‘‘PART D—TERRITORIAL TEACHER TRAINING

19 PROGRAM

20 ‘‘SEC. 2401. TERRITORIAL TEACHER TRAINING PROGRAM.

21 ‘‘There are authorized to be appropriated $2,000,000

22 for fiscal year 1995, and such sums as may be necessary

23 for each of the 4 succeeding fiscal years, for the purpose

24 of assisting teacher training programs in Guam, American

25 Samoa, the Virgin Islands, the Commonwealth of the North-
736

•S 1513 RS

1 ern Mariana Islands, the Republic of the Marshall Islands,

2 the Federated States of Micronesia, and Palau. From the

3 sums appropriated pursuant to this section the Secretary

4 shall make grants and enter into contracts for the purpose

5 of providing training to teachers in schools in Guam, Amer6 ican Samoa, the Virgin Islands, the Commonwealth of the

7 Northern Mariana Islands, the Republic of the Marshall Is8 lands, the Federated States of Micronesia, and Palau. The

9 Secretary may make grants to or contracts with any orga10 nization considered qualified to provide training for teach11 ers in such schools and shall allot such sums among such

12 territories on the basis of the need for such training.

13 ‘‘PART E—TELECOMMUNICATIONS

14 DEMONSTRATION PROJECT FOR MATHEMATICS

15 ‘‘SEC. 2501. PROJECT AUTHORIZED.

16 ‘‘The Secretary is authorized to make grants to a non17 profit telecommunications entity, or partnership of such en18 tities, for the purpose of carrying out a national tele19 communications-based demonstration project to improve the

20 teaching of mathematics. The demonstration project author21 ized by this part shall be designed to assist elementary and

22 secondary school teachers in preparing all students for

23 achieving State content standards.
737

•S 1513 RS

1 ‘‘SEC. 2502. APPLICATION REQUIRED.

2 ‘‘(a) IN GENERAL.—Each nonprofit telecommuni3 cations entity, or partnership of such entities, desiring a

4 grant under this part shall submit an application to the

5 Secretary. Each such application shall—

6 ‘‘(1) demonstrate that the applicant will use the

7 existing publicly funded telecommunications infra8 structure to deliver video, voice and data in an inte9 grated service to train teachers in the use of new

10 standards-based curricula materials and learning

11 technologies;

12 ‘‘(2) assure that the project for which assistance

13 is sought will be conducted in cooperation with ap14 propriate State educational agencies, local edu15 cational agencies, State or local nonprofit public tele16 communications entities, and a national mathematics

17 education professional association that has developed

18 content standards;

19 ‘‘(3) assure that a significant portion of the ben20 efits available for elementary and secondary schools

21 from the project for which assistance is sought will be

22 available to schools of local educational agencies

23 which have a high percentage of children counted for

24 the purpose of part A of title I; and

25 ‘‘(4) contain such additional assurances as the

26 Secretary may reasonably require.
738

•S 1513 RS

1 ‘‘(b) APPROVAL OF APPLICATIONS; NUMBER OF DEM2 ONSTRATION SITES.—In approving applications under this

3 section, the Secretary shall assure that the demonstration

4 project authorized by this subpart is conducted at elemen5 tary and secondary school sites in at least 15 States.

6 ‘‘SEC. 2503. AUTHORIZATION OF APPROPRIATIONS.

7 ‘‘There are authorized to be appropriated to carry out

8 this part, $5,000,000 for the fiscal year 1995, and such

9 sums as may be necessary for each of the 4 succeeding fiscal

10 years.

11 ‘‘TITLE III—TECHNOLOGY FOR

12 EDUCATION

13 ‘‘SEC. 3001. SHORT TITLE.

14 ‘‘This title may be cited as the ‘Technology for Edu15 cation Act of 1994’.

16 ‘‘PART A—EDUCATIONAL TECHNOLOGY FOR ALL

17 STUDENTS

18 ‘‘SEC. 3111. FINDINGS.

19 ‘‘The Congress finds that—

20 ‘‘(1) technology applications can help propel our

21 Nation’s school systems into very immediate and dra22 matic reform, without which our Nation will not meet

23 the National Education Goals by the target year

24 2000;
739

•S 1513 RS

1 ‘‘(2) creative uses of technology can reshape our

2 Nation’s outdated method of providing education and

3 empower teachers to create an environment where stu4 dents can be challenged through rigorous, rich class5 room instruction at a pace that suits the learning

6 style of each student;

7 ‘‘(3) the acquisition and use of technology in

8 education throughout the United States has been in9 hibited by—

10 ‘‘(A) the limited exposure of students and

11 teachers to the power of technology as a cost-ef12 fective tool to improve student learning and

13 achievement;

14 ‘‘(B) the inability of many State and local

15 educational agencies to invest in and support

16 needed technologies;

17 ‘‘(C) the lack of appropriate electrical and

18 telephone connections in the classroom; and

19 ‘‘(D) the limited availability of technology20 enhanced curriculum, professional development

21 and administrative support resources and serv22 ices in the educational marketplace;

23 ‘‘(4) advancements in technology offer new op24 portunities to promote partnerships among teachers,

25 administrators, students, parents, communities, and
740

•S 1513 RS

1 industry in the quest for knowledge and the process

2 of learning;

3 ‘‘(5) technology, when used as an essential tool

4 in the learning process, will help cultivate and main5 tain a technologically literate citizenry and inter6 nationally competitive work force;

7 ‘‘(6) the Department of Education, consistent

8 with the overall national technology policy established

9 by the President, must assume a vital leadership and

10 coordinating role in developing the national vision

11 and strategy to infuse advanced technology through12 out all educational programs;

13 ‘‘(7) Federal support can ease the burden at the

14 State and local levels by enabling the acquisition of

15 advanced technology and initiating the development

16 of teacher training and support as well as new edu17 cational products;

18 ‘‘(8) leadership at the Federal level should con19 sider guidelines to ensure that educational technology

20 is accessible to all users with maximum interoper21 ability nationwide;

22 ‘‘(9) policies at the Federal, State, and local lev23 els concerning technology in education must address

24 disparities in the availability of technology to dif-
741

•S 1513 RS

1 ferent groups of students and make it a priority to

2 serve those students in greatest need;

3 ‘‘(10) continuing professional development for

4 teachers and administrators requires ongoing expo5 sure to advancements in technology in order to keep

6 such teachers and administrators excited and knowl7 edgeable about the unfolding opportunities for the

8 classroom; and

9 ‘‘(11) the increasing use of new technologies and

10 telecommunications systems in business has increased

11 the gap between schooling and work force preparation,

12 and underscores the need for technology policies at the

13 Federal, State, tribal, and local levels that address

14 preparation for school-to-work transitions.

15 ‘‘SEC. 3112. STATEMENT OF PURPOSE.

16 ‘‘It is the purpose of this part—

17 ‘‘(1) to promote equal access for all students to

18 educational opportunities through advances in tech19 nology, including the information infrastructure, in

20 order to achieve the National Education Goals by the

21 year 2000;

22 ‘‘(2) to provide funding that will assist activities

23 undertaken by the State and local school districts to

24 promote and provide equipment, teacher training,

25 and technical support;
742

•S 1513 RS

1 ‘‘(3) to support technical assistance, professional

2 development, information and resource dissemination,

3 in order to help States, local school districts, and

4 teachers successfully integrate technology into kinder5 garten through 12th grade classrooms;

6 ‘‘(4) to support the development of educational

7 and instructional programming in core subject areas,

8 which programming shall address the National Edu9 cation Goals;

10 ‘‘(5) to offer opportunities for creative partner11 ships within the marketplace in order to develop

12 state-of-the-art educational technology products that

13 promote the use of advanced technologies in the class14 room;

15 ‘‘(6) to avoid duplication and the development of

16 incompatible systems by strengthening and building

17 upon existing telecommunications infrastructures

18 dedicated to educational purposes; and

19 ‘‘(7) to ensure that uses of educational technology

20 are consistent with the overall national technology

21 policy established by the President.

22 ‘‘SEC. 3113. DEFINITIONS.

23 ‘‘For the purpose of this part—

24 ‘‘(1) the term ‘all students’ means students from

25 a broad range of backgrounds and circumstances, in-
743

•S 1513 RS

1 cluding disadvantaged students, students with diverse

2 racial, ethnic, and cultural backgrounds, students

3 with disabilities, students with limited-English pro4 ficiency, students who have dropped out of school, and

5 academically talented students;

6 ‘‘(2) the term ‘information infrastructure’ means

7 a network of communication systems designed to ex8 change information among all citizens and residents

9 of the United States;

10 ‘‘(3) the term ‘instructional programming’

11 means the full range of audio and video data, text,

12 graphics, or additional state-of-the-art communica13 tions, including multimedia based resources distrib14 uted through interactive, command and control, or

15 passive methods for the purpose of education and in16 struction;

17 ‘‘(4) the terms ‘interoperable’ and ‘interoper18 ability’ refer to the ability to easily exchange data

19 with, and connect to, other hardware and software in

20 order to provide the greatest accessibility for all stu21 dents;

22 ‘‘(5) the term ‘local educational agency’ includes

23 an elementary or secondary school funded by the Bu24 reau of Indian Affairs, except that such schools shall

25 not be subject to the jurisdiction of any State edu-
744

•S 1513 RS

1 cational agency other than the Bureau of Indian Af2 fairs;

3 ‘‘(6) the term ‘Office’ means the Office of Edu4 cational Technology;

5 ‘‘(7) the term ‘public telecommunications entity’

6 has the same meaning given to such term by section

7 397(12) of the Communications Act of 1934;

8 ‘‘(8) the term ‘State educational agency’ includes

9 the Bureau of Indian Affairs for purposes of serving

10 schools funded by the Bureau of Indian Affairs in ac11 cordance with this part; and

12 ‘‘(9) the term ‘technology’ means state-of-the-art

13 technology products and services, such as closed cir14 cuit television systems, educational television and

15 radio programs and services, cable television, satellite,

16 copper and fiber optic transmission, computer, video

17 and audio laser and CD-ROM discs, and video and

18 audio tapes.

19 ‘‘Subpart 1—National Programs in Technology for

20 Education

21 ‘‘SEC. 3121. PURPOSES.

22 ‘‘It is the purpose of this subpart to promote achieve23 ment of the National Education Goals and—
745

•S 1513 RS

1 ‘‘(1) to provide leadership at the Federal level,

2 through the Department, by developing a national vi3 sion and strategy—

4 ‘‘(A) to infuse technology and technology

5 planning into all educational programs and

6 training functions carried out within school sys7 tems at the State, tribal, and local levels;

8 ‘‘(B) to coordinate educational technology

9 activities among the related Federal and State

10 departments or agencies, industry leaders, and

11 interested educational and parental organiza12 tions;

13 ‘‘(C) to establish working guidelines to en14 sure maximum interoperability nationwide and

15 ease of access for the emerging technologies so

16 that no school system will be excluded from the

17 technological revolution; and

18 ‘‘(D) to ensure that Federal technology-re19 lated policies and programs facilitate the use of

20 technology in education;

21 ‘‘(2) to promote awareness of the potential of

22 technology for improving teaching and learning;

23 ‘‘(3) to support State and local efforts to increase

24 the effective use of technology for education;
746

•S 1513 RS

1 ‘‘(4) to demonstrate ways in which technology

2 can be used to improve teaching and learning, and to

3 help ensure that all students have an equal oppor4 tunity to meet challenging State education standards;

5 ‘‘(5) to ensure the availability and dissemination

6 of knowledge (drawn from research and experience)

7 that can form the basis for sound State and local de8 cisions about investment in, and effective uses of, edu9 cational technology;

10 ‘‘(6) to promote high-quality professional devel11 opment opportunities for teachers, pupil-services per12 sonnel and administrators regarding the integration

13 of technology into instruction and administration;

14 ‘‘(7) to support development, production, and

15 distribution of technology enhanced curriculum, and

16 instruction and administrative support resources and

17 services;

18 ‘‘(8) to promote the effective uses of technology in

19 existing Federal education programs, such as part A

20 of title I and vocational education programs; and

21 ‘‘(9) to monitor, and disseminate information re22 garding, advancements in technology to encourage the

23 development of effective educational uses of technology.

24 ‘‘SEC. 3122. FEDERAL LEADERSHIP.

25 ‘‘(a) ACTIVITIES AUTHORIZED.—
747

•S 1513 RS

1 ‘‘(1) IN GENERAL.—In order to provide Federal

2 leadership that promotes higher student achievement

3 through the use of technology in education and to

4 achieve the purposes of this subpart, the Secretary, in

5 consultation with the Office of Science and Tech6 nology Policy, the National Science Foundation, the

7 United States National Commission on Libraries and

8 Information Sciences, the Department of Commerce,

9 the Department of Energy, the National Aeronautics

10 and Space Administration, the Bureau of Indian Af11 fairs, and other appropriate Federal departments or

12 agencies, may carry out activities designed to achieve

13 the purposes of this subpart.

14 ‘‘(2) TRANSFER OF FUNDS.—For the purpose of

15 carrying out coordinated or joint activities to achieve

16 the purposes of this subpart, the Secretary may accept

17 funds from, or transfer funds to, other Federal depart18 ments or agencies.

19 ‘‘(b) NATIONAL LONG-RANGE TECHNOLOGY PLAN.—

20 ‘‘(1) IN GENERAL.—The Secretary shall develop

21 and publish within 12 months of the date of enact22 ment of the Improving America’s Schools Act of 1994,

23 and update when the Secretary determines appro24 priate, a national long-range plan that supports the
748

•S 1513 RS

1 overall national technology policy and carries out the

2 purposes of this subpart.

3 ‘‘(2) PLAN REQUIREMENTS.—The Secretary

4 shall—

5 ‘‘(A) develop the national long-range plan

6 in consultation with other Federal departments

7 or agencies, State and local education practition8 ers and policymakers, experts in technology and

9 the educational applications of technology, rep10 resentatives of distance learning consortia, rep11 resentatives of telecommunications partnerships

12 receiving assistance under the Star Schools Act,

13 and providers of technology services and prod14 ucts;

15 ‘‘(B) transmit such plan to the President

16 and to the appropriate committees of the Con17 gress; and

18 ‘‘(C) publish such plan in a form that is

19 readily accessible to the public.

20 ‘‘(3) CONTENTS OF THE PLAN.—The national

21 long-range plan shall describe the Secretary’s activi22 ties to promote the purposes of this subpart, includ23 ing—

24 ‘‘(A) how the Secretary will encourage the

25 effective use of technology to provide all students
749

•S 1513 RS

1 the opportunity to achieve State content stand2 ards and State student performance standards,

3 especially through programs administered by the

4 Department;

5 ‘‘(B) joint activities in support of the over6 all national technology policy with other Federal

7 departments or agencies, such as the Office of

8 Science and Technology Policy, the National En9 dowment for the Humanities, the National En10 dowment for the Arts, the National Aeronautics

11 and Space Administration, the National Science

12 Foundation, the Bureau of Indian Affairs, and

13 the Departments of Commerce, Energy, Health

14 and Human Services, and Labor—

15 ‘‘(i) to promote the use of technology in

16 education, and training and lifelong learn17 ing, including plans for the educational

18 uses of a national information infrastruc19 ture; and

20 ‘‘(ii) to ensure that the policies and

21 programs of such departments or agencies

22 facilitate the use of technology for edu23 cational purposes, to the extent feasible;

24 ‘‘(C) how the Secretary will work with edu25 cators, State and local educational agencies, and
750

•S 1513 RS

1 appropriate representatives of the private sector

2 to facilitate the effective use of technology in edu3 cation;

4 ‘‘(D) how the Secretary will promote—

5 ‘‘(i) higher achievement of all students

6 through the integration of technology into

7 the curriculum;

8 ‘‘(ii) increased access to the benefits of

9 technology for teaching and learning for

10 schools with a high number or percentage of

11 children from low-income families;

12 ‘‘(iii) the use of technology to assist in

13 the implementation of State systemic reform

14 strategies;

15 ‘‘(iv) the application of technological

16 advances to use in education; and

17 ‘‘(v) increased opportunities for the

18 professional development of teachers in the

19 use of new technologies;

20 ‘‘(E) how the Secretary will determine, in

21 consultation with appropriate individuals, orga22 nizations, industries, and agencies, the feasibility

23 and desirability of establishing guidelines to fa24 cilitate an easy exchange of data and effective

25 use of technology in education;
751

•S 1513 RS

1 ‘‘(F) how the Secretary will promote the ex2 change of information among States, local edu3 cational agencies, schools, consortia, and other

4 entities concerning the effective use of technology

5 in education;

6 ‘‘(G) how the Secretary will utilize the out7 comes of the evaluation undertaken pursuant to

8 section 3206(c)(2) to promote the purposes of this

9 subpart; and

10 ‘‘(H) the Secretary’s long-range measurable

11 goals and objectives relating to the purposes of

12 this subpart.

13 ‘‘(c) ASSISTANCE.—The Secretary shall provide assist14 ance to the States to enable such States to plan effectively

15 for the use of technology in all schools throughout the State

16 in accordance with the purpose and requirements of section

17 317 of the Goals 2000: Educate America Act.

18 ‘‘(d) USES OF FUNDS.—

19 ‘‘(1) IN GENERAL.—The Secretary shall use

20 funds made available to carry out this section for ac21 tivities designed to carry out the purpose of this sub22 part, including—

23 ‘‘(A) providing assistance to technical as24 sistance providers to enable such providers to im25 prove substantially the services such providers
752

•S 1513 RS

1 offer to educators regarding the educational uses

2 of technology, including professional develop3 ment;

4 ‘‘(B) consulting with representatives of in5 dustry, elementary and secondary education,

6 higher education, and appropriate experts in

7 technology and the educational applications of

8 technology, in carrying out the activities assisted

9 under this subpart;

10 ‘‘(C) research on, and the development of,

11 guidelines to facilitate maximum interoper12 ability, efficiency and easy exchange of data for

13 effective use of technology in education;

14 ‘‘(D) research on, and the development of,

15 educational applications of the most advanced

16 and newly emerging technologies;

17 ‘‘(E) the development, demonstration, and

18 evaluation of applications of existing technology

19 in preschool education, elementary and second20 ary education, training and lifelong learning,

21 and professional development of educational per22 sonnel;

23 ‘‘(F) the development and evaluation of soft24 ware and other products, including multimedia

25 television programming, that incorporate ad-
753

•S 1513 RS

1 vances in technology and help achieve the Na2 tional Education Goals, State content standards

3 and State student performance standards;

4 ‘‘(G) the development, demonstration, and

5 evaluation of model strategies for preparing

6 teachers and other personnel to use technology ef7 fectively to improve teaching and learning;

8 ‘‘(H) the development of model programs

9 that demonstrate the educational effectiveness of

10 technology in urban and rural areas and eco11 nomically distressed communities;

12 ‘‘(I) research on, and the evaluation of, the

13 effectiveness and benefits of technology in edu14 cation, giving priority to research on, and eval15 uation of, such effectiveness and benefits in ele16 mentary and secondary schools;

17 ‘‘(J) a biennial assessment of, and report to

18 the public regarding, the uses of technology in el19 ementary and secondary education throughout

20 the United States upon which private businesses

21 and Federal, State, tribal, and local governments

22 may rely for decisionmaking about the need for,

23 and provision of, appropriate technologies in

24 schools, which assessment and report shall use, to
754

•S 1513 RS

1 the extent possible, existing information and re2 sources;

3 ‘‘(K) conferences on, and dissemination of

4 information regarding, the uses of technology in

5 education;

6 ‘‘(L) the development of model strategies to

7 promote gender equity in the use of technology;

8 ‘‘(M) encouraging collaboration between the

9 Department and other Federal agencies in the

10 development, implementation, evaluation and

11 funding of applications of technology for edu12 cation, as appropriate; and

13 ‘‘(N) such other activities as the Secretary

14 determines will meet the purposes of this sub15 part.

16 ‘‘(2) SPECIAL RULES.—

17 ‘‘(A) The Secretary shall carry out the ac18 tivities described in paragraph (1) directly or by

19 grant or contract.

20 ‘‘(B) Each grant or contract under this sec21 tion shall be awarded—

22 ‘‘(i) on a competitive basis; and

23 ‘‘(ii) pursuant to a peer review process.

24 ‘‘(e) NON-FEDERAL SHARE.—
755

•S 1513 RS

1 ‘‘(1) IN GENERAL.—Subject to paragraphs (2)

2 and (3), the Secretary may require any recipient of

3 a grant or contract under this section to share in the

4 cost of the activities assisted under such grant or con5 tract, which non-Federal share shall be announced

6 through a notice in the Federal Register and may be

7 in the form of cash or in-kind contributions, fairly

8 valued.

9 ‘‘(2) INCREASE.—The Secretary may increase

10 the non-Federal share that is required of a recipient

11 of a grant or contract under this section after the first

12 year such recipient receives funds under such grant or

13 contract.

14 ‘‘(3) MAXIMUM.—The non-Federal share required

15 under this section shall not exceed 50 percent of the

16 cost of the activities assisted pursuant to a grant or

17 contract under this section.

18 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are

19 authorized to be appropriated $5,000,000 for fiscal year

20 1995, and such sums as may be necessary for each of the

21 4 succeeding fiscal years, to carry out this section.

22 ‘‘SEC. 3123. REGIONAL TECHNICAL SUPPORT AND PROFES23 SIONAL DEVELOPMENT.

24 ‘‘(a) GRANTS AUTHORIZED.—
756

•S 1513 RS

1 ‘‘(1) AUTHORITY.—The Secretary, through the

2 Office of Educational Technology, shall make grants,

3 on a competitive basis, to regional educational tech4 nology assistance consortia in accordance with the

5 provisions of this section. In awarding grants under

6 this section, the Secretary shall ensure that each geo7 graphic region of the United States shall be served by

8 such a consortium.

9 ‘‘(2) REQUIREMENTS.—Each consortium receiv10 ing a grant under this section shall—

11 ‘‘(A) be composed of State educational agen12 cies, institutions of higher education, nonprofit

13 organizations, or a combination thereof;

14 ‘‘(B) in cooperation with State and local

15 educational agencies, develop a regional program

16 that addresses professional development, tech17 nical assistance, and information resource dis18 semination, with special emphasis on meeting

19 the documented needs of educators and learners

20 in the region; and

21 ‘‘(C) foster regional cooperation and re22 source and coursework sharing.

23 ‘‘(3) SPECIAL RULE.—Each consortium receiving

24 a grant under this section shall use not less than 80
757

•S 1513 RS

1 percent of the grant funds to carry out paragraph (2)

2 of subsection (b).

3 ‘‘(b) FUNCTIONS.—

4 ‘‘(1) TECHNICAL ASSISTANCE.—Each consortium

5 receiving a grant under this section shall—

6 ‘‘(A) collaborate with State educational

7 agencies and local educational agencies request8 ing collaboration, particularly in the develop9 ment of strategies for assisting those schools with

10 the highest numbers or percentages of disadvan11 taged students with little or no access to tech12 nology in the classroom;

13 ‘‘(B) provide information, in coordination

14 with information available from the Secretary,

15 to State educational agencies, local educational

16 agencies, and schools on the types and features of

17 various educational technology equipment and

18 software available, evaluate and make rec19 ommendations on equipment and software that

20 support the National Education Goals and are

21 suited for a school’s particular needs, and com22 pile and share information regarding creative

23 and effective applications of technology in the

24 classroom in order to support the purposes of

25 this subpart;
758

•S 1513 RS

1 ‘‘(C) collaborate with such State educational

2 agencies, local educational agencies, or schools

3 requesting to participate in the tailoring of soft4 ware programs and other supporting materials

5 to meet State content standards or State student

6 performance standards that may be developed;

7 and

8 ‘‘(D) provide technical assistance to facili9 tate use of the electronic dissemination networks

10 by State and local educational agencies and

11 schools throughout the region.

12 ‘‘(2) PROFESSIONAL DEVELOPMENT.—Each con13 sortium receiving a grant under this section shall—

14 ‘‘(A) develop and implement, in collabora15 tion with State educational agencies and institu16 tions of higher education, technology-specific, on17 going professional development, such as—

18 ‘‘(i) intensive school year and summer

19 workshops that use teachers to train other

20 teachers; and

21 ‘‘(ii) distance educational professional

22 development, including—

23 ‘‘(I) interactive training

24 telecourses using researchers, educators,

25 and telecommunications personnel who
759

•S 1513 RS

1 have experience in developing, imple2 menting, or operating educational and

3 instructional technology as a learning

4 tool;

5 ‘‘(II) onsite courses teaching

6 teachers to use educational and in7 structional technology and to develop

8 their own instructional materials for

9 effectively incorporating technology

10 and programming in their own class11 rooms;

12 ‘‘(III) methods for successful inte13 gration of instructional technology into

14 the curriculum in order to improve

15 student learning and achievement;

16 ‘‘(IV) video conferences and semi17 nars which offer professional develop18 ment through peer interaction with ex19 perts as well as other teachers using

20 technologies in their classrooms; and

21 ‘‘(V) mobile education technology

22 and training resources;

23 ‘‘(B) develop training resources that—

24 ‘‘(i) are relevant to the needs of the re25 gion and schools within the region;
760

•S 1513 RS

1 ‘‘(ii) are relevant to the needs of adult

2 literacy staff and volunteers, including on3 site courses on how to—

4 ‘‘(I) use instructional technology;

5 and

6 ‘‘(II) develop instructional mate7 rials for adult learning; and

8 ‘‘(iii) are aligned with the needs of

9 teachers and administrators in the region;

10 ‘‘(C) establish a repository of professional

11 development and technical assistance resources;

12 ‘‘(D) identify and link technical assistance

13 providers to State and local educational agen14 cies, as needed;

15 ‘‘(E) provide followup to ensure that train16 ing, professional development, and technical as17 sistance meet the needs of educators, parents and

18 students served by the region;

19 ‘‘(F) assist colleges and universities within

20 the region to develop and implement preservice

21 training programs for students enrolled in teach22 er education programs; and

23 ‘‘(G) assist local educational agencies and

24 schools in working with community members

25 and parents to develop support from commu-
761

•S 1513 RS

1 nities and parents for educational technology

2 programs and projects.

3 ‘‘(3) INFORMATION AND RESOURCE DISSEMINA4 TION.—Each consortium receiving a grant under this

5 section shall—

6 ‘‘(A) assist State and local educational

7 agencies in the identification and procurement of

8 financial, technological and human resources

9 needed to implement technology plans;

10 ‘‘(B) provide outreach and, at the request of

11 a State or local educational agency, work with

12 such agency to assist in the development and val13 idation of instructionally based technology edu14 cation resources; and

15 ‘‘(C) coordinate activities and establish

16 partnerships with organizations and institutions

17 of higher education that represent the interests of

18 the region as such interests pertain to the appli19 cation of technology in teaching, learning, in20 structional management, dissemination, collec21 tion and distribution of educational statistics,

22 and the transfer of student information.

23 ‘‘(4) COORDINATION.—Each consortium receiving

24 a grant under this section shall work collaboratively,

25 and coordinate the services the consortium provides,
762

•S 1513 RS

1 with appropriate entities assisted in whole or in part

2 by the Department.

3 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—

4 There are authorized to be appropriated $50,000,000

5 for the fiscal year 1995, and such sums as may be

6 necessary for each of the 4 succeeding fiscal years, to

7 carry out this section.

8 ‘‘SEC. 3124. EDUCATIONAL TECHNOLOGY PRODUCT DEVEL9 OPMENT.

10 ‘‘(a) PURPOSE.—It is the purpose of this section to—

11 ‘‘(1) support development of curriculum-based

12 learning resources using state-of-the-art technologies

13 and techniques designed to improve student learning;

14 and

15 ‘‘(2) support development of long-term com16 prehensive instructional programming and associated

17 support resources that ensure maximum access by all

18 educational institutions.

19 ‘‘(b) FEDERAL ASSISTANCE AUTHORIZED.—

20 ‘‘(1) AUTHORITY.—The Secretary, through the

21 Office of Educational Technology, shall award grants,

22 on a competitive basis, to eligible consortia to pay the

23 Federal share of the cost of developing, producing,

24 and distributing products consisting of curriculum25 based learning resources, services, and instructional
763

•S 1513 RS

1 programming for teachers and students, which incor2 porate state-of-the-art applications of advanced tech3 nology, including educational radio and television.

4 ‘‘(2) ELIGIBLE CONSORTIUM.—For the purpose

5 of this subsection the term ‘eligible consortium’ means

6 a consortium—

7 ‘‘(A) that shall include—

8 ‘‘(i) a State or local educational agen9 cy; and

10 ‘‘(ii) a business, industry or tele11 communications entity; and

12 ‘‘(B) that may include—

13 ‘‘(i) a public or private nonprofit orga14 nization; or

15 ‘‘(ii) a postsecondary institution.

16 ‘‘(3) PRIORITY.—In awarding grants under this

17 section, the Secretary shall give priority to applica18 tions describing products that are developed—

19 ‘‘(A) so that the product may be adapted

20 and applied nationally at a reasonable cost over

21 a broad technology platform;

22 ‘‘(B) to raise the achievement levels of all

23 students, particularly students who are not real24 izing their potential;
764

•S 1513 RS

1 ‘‘(C) in consultation with classroom teach2 ers;

3 ‘‘(D) through consultation and collaboration

4 with appropriate education entities in designing

5 the product to ensure relevance to the voluntary

6 national content standards, the voluntary na7 tional student performance standards and State

8 curriculum frameworks; and

9 ‘‘(E) so that the product can be adapted for

10 use by adults in need of literacy services, includ11 ing English as a second language and prepara12 tion for a secondary school diploma or its recog13 nized equivalent.

14 ‘‘(4) MATCHING REQUIREMENT.—The Secretary

15 may require any recipient of a grant or contract

16 under this subpart to share in the cost of the activities

17 assisted under such grant or contract, which non-Fed18 eral share shall be announced through a notice in the

19 Federal Register and may be in the form of cash or

20 in-kind contributions, fairly valued.

21 ‘‘(5) REQUIREMENTS FOR FEDERAL ASSIST22 ANCE.—Each eligible consortium desiring Federal as23 sistance under this section shall submit an applica24 tion to the Secretary at such time and in such man-
765

•S 1513 RS

1 ner as the Secretary may prescribe. Each application

2 shall include—

3 ‘‘(A) a description of how the product will

4 improve the achievement levels of students;

5 ‘‘(B) a description of how the activities as6 sisted under this section will promote profes7 sional development of teachers and administra8 tors in the uses and applications of the product,

9 including the development of training materials;

10 ‘‘(C) a description of design, development,

11 field testing, evaluation, and distribution of

12 products, where appropriate;

13 ‘‘(D) an assurance that the product shall ef14 fectively serve a significant number or percent15 age of economically disadvantaged students;

16 ‘‘(E) plans for dissemination of products to

17 a wide audience of learners;

18 ‘‘(F) provisions for closed captioning or de19 scriptive video, where appropriate;

20 ‘‘(G) a description of how ownership and

21 rights to the use and marketing of any product

22 developed by the consortium, including intellec23 tual property rights, will be allocated among

24 consortium participants; and
766

•S 1513 RS

1 ‘‘(H) a description of the contributions, in2 cluding services and funds, to be made by each

3 member of the consortium, and how any revenues

4 derived from the sale of any product developed

5 by the consortium shall be distributed.

6 ‘‘(c) CONSUMER REPORT.—The Secretary shall dis7 seminate information about products developed pursuant to

8 provisions of this section to State and local educational

9 agencies, and other organizations or individuals that the

10 Secretary determines to be appropriate, through print and

11 electronic media that are accessible to the education commu12 nity at large.

13 ‘‘(d) PROCEEDS.—The Secretary shall not prohibit an

14 eligible consortium or any of the members of such consor15 tium from receiving financial benefits from the distribution

16 of any products resulting from the assistance received under

17 this section. Notwithstanding any other provision of law,

18 any profits or royalties received by a State educational

19 agency, local educational agency, or other nonprofit mem20 ber of an eligible consortium receiving assistance under this

21 section shall be used to support further development of cur22 riculum-based learning resources, services, and program23 ming or to provide access to such products for a wider audi24 ence.
767

•S 1513 RS

1 ‘‘(e) AUTHORIZATION OF FUNDS.—There are author2 ized to be appropriated $50,000,000 for the fiscal year 1995,

3 and such sums as may be necessary for each of the 4 suc4 ceeding fiscal years, to carry out this section.

5 ‘‘SEC. 3125. RESEARCH ON EDUCATIONAL APPLICATIONS OF

6 ADVANCED TECHNOLOGIES.

7 ‘‘(a) PURPOSE.—It is the purpose of this section to—

8 ‘‘(1) provide direction and support for the con9 duct of research on advanced educational technologies;

10 and

11 ‘‘(2) provide support for long-term, comprehen12 sive educational applications of advanced high per13 formance computer and communication technologies

14 and video technologies in support of the core subjects

15 of the National Education Goals.

16 ‘‘(b) GENERAL AUTHORITY.—The Secretary, consistent

17 with the overall national technology policy established by

18 the President, and in cooperation with other Federal de19 partments and agencies, is authorized to support research

20 on educational applications of advanced learning tech21 nologies.

22 ‘‘(c) GRANTS AUTHORIZED.—The Secretary, through

23 the Office of Educational Technology, shall award grants

24 to or enter into contracts for research projects intended to

25 develop educational applications of advanced technologies.
768

•S 1513 RS

1 ‘‘(d) APPLICATION.—Each entity desiring assistance

2 under this section shall submit to the Secretary an applica3 tion at such time, in such manner and accompanied by

4 such information as the Secretary may reasonably require.

5 Each such application shall—

6 ‘‘(1) define clearly the scope and content of the

7 subject matter of the research and the relevance of the

8 advanced technology to such content;

9 ‘‘(2) describe the potential market for both the

10 hardware and software developed under this section;

11 and

12 ‘‘(3) assess the applications of the advanced tech13 nology in a way that will validate the technology’s

14 impact on student learning and achievement.

15 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are

16 authorized to be appropriated $20,000,000 for fiscal year

17 1995, and such sums as may be necessary for each of the

18 4 succeeding fiscal years, to carry out this section.

19 ‘‘SEC. 3126. HIGH PERFORMANCE EDUCATIONAL COMPUT20 ING AND TELECOMMUNICATIONS NETWORKS.

21 ‘‘(a) PURPOSE.—It is the purpose of this section to

22 support the development, demonstration, and evaluation of

23 the educational aspects of high performance computing and

24 communication technologies and of the national informa25 tion infrastructure, including the use of high performance
769

•S 1513 RS

1 computing and communication and the national informa2 tion infrastructure in—

3 ‘‘(1) providing professional development for

4 teachers and other educators, as appropriate;

5 ‘‘(2) enhancing academic curricula for elemen6 tary and secondary school students in order to pro7 vide such students with opportunities to meet chal8 lenging State student performance standards;

9 ‘‘(3) facilitating communications among schools,

10 local educational agencies, parents of students, and

11 local communities;

12 ‘‘(4) facilitating an effective transition from sec13 ondary school to employment; and

14 ‘‘(5) other such areas of education as the Sec15 retary deems appropriate.

16 ‘‘(b) AUTHORITY.—

17 ‘‘(1) IN GENERAL.—(A) The Secretary, consistent

18 with the overall national technology policy established

19 by the President, and in cooperation with other Fed20 eral departments and agencies, shall support the de21 velopment of an electronic network program for the

22 dissemination of educational information throughout

23 the United States, including information about effec24 tive technology-enhanced programs, resources and

25 services.
770

•S 1513 RS

1 ‘‘(B) In carrying out subparagraph (A) the Sec2 retary shall—

3 ‘‘(i) to the extent possible, coordinate activi4 ties assisted under this section with other dis5 semination activities assisted by the Department

6 in order to—

7 ‘‘(I) avoid duplication; and

8 ‘‘(II) utilize the existing resources of

9 the Department;

10 ‘‘(ii) consult with educators, State and local

11 educational agencies, telecommunications provid12 ers, and other appropriate education entities

13 throughout the United States to determine infor14 mation requirements and policies for the effective

15 dissemination of information;

16 ‘‘(iii) provide access to the existing Depart17 ment of Energy FEDIX/MOLIS Information

18 System regarding information about excess

19 equipment (computers and supporting materials)

20 within the Federal Government that are avail21 able for transfer to elementary and secondary

22 schools; and

23 ‘‘(iv) make use of existing networks or devel24 oping networks, to the extent possible.
771

•S 1513 RS

1 ‘‘(2) REQUIREMENTS; SPECIFICATIONS; AND PRO2 TOTYPE OPERATIONS.—The Secretary is authorized

3 to—

4 ‘‘(A) identify educational high performance

5 computing and telecommunications network re6 quirements;

7 ‘‘(B) develop specifications for the imple8 mentation of such requirements within any na9 tional telecommunications network;

10 ‘‘(C) establish prototype operations on exist11 ing networks to validate and further develop the

12 educational specifications which will facilitate

13 the use of such networks by kindergarten through

14 12th grade students, teachers, librarians, admin15 istrators, and parents;

16 ‘‘(D) represent the needs and interests of ele17 mentary and secondary schools in the Federal

18 planning and development of a national infor19 mation infrastructure; and

20 ‘‘(E) identify policy issues, such as commu21 nication rate structures and intellectual property

22 rights, that affect the ability of the public schools

23 to make effective use of the emerging information

24 highways, and make recommendations to the

25 Congress regarding such issues.
772

•S 1513 RS

1 ‘‘(c) TYPES OF GRANTS.—The Secretary, through the

2 Office of Educational Technology, shall award the following

3 types of grants:

4 ‘‘(1) REQUIREMENTS GRANTS.—The Secretary

5 shall solicit proposals for and award grants to 1 or

6 more entities for the identification of educational high

7 performance computing and telecommunications net8 work requirements. The solicitation shall request pro9 posals to—

10 ‘‘(A) identify and describe existing and

11 planned educational high performance comput12 ing and telecommunications network efforts;

13 ‘‘(B) identify potential uses of such net14 works in kindergarten through 12th grade edu15 cation by schools throughout the United States;

16 ‘‘(C) assess impediments to the development

17 of such networks in kindergarten through 12th

18 grade education, such as—

19 ‘‘(i) technological impediments;

20 ‘‘(ii) availability of technology-en21 hanced curriculum, instruction, and admin22 istrative support resources and services in

23 schools; and
773

•S 1513 RS

1 ‘‘(iii) parent, student, teacher and ad2 ministrator attitudes toward technology-en3 hanced education;

4 ‘‘(D) assess the anticipated costs and bene5 fits to be derived from such network access in

6 kindergarten through 12th grade education and

7 recommend priorities for development of such

8 network; and

9 ‘‘(E) identify the range of possible edu10 cational applications of, and potential sources of

11 funding for, both networks and information re12 sources and databases that exist or are being de13 veloped by other Federal departments or agen14 cies.

15 ‘‘(2) SPECIFICATIONS GRANTS.—The Secretary

16 shall solicit proposals for and award grants to 1 or

17 more entities for the design and development of edu18 cational specifications which may be used to ensure

19 educational access to any national educational high

20 performance computing and telecommunications net21 work. The solicitation shall request proposals to—

22 ‘‘(A) incorporate—

23 ‘‘(i) the findings of the grant recipients

24 under paragraph (1); and
774

•S 1513 RS

1 ‘‘(ii) the priorities recommended for

2 such networks by the Secretary consistent

3 with the overall national technology policy

4 established by the President;

5 ‘‘(B) provide for design alternatives and

6 specifications that address—

7 ‘‘(i) linkage of schools and commu8 nities with each other, with central resource

9 centers, and with Federal and State agen10 cies over existing or planned telecommuni11 cations networks;

12 ‘‘(ii) uses of alternative connectivity

13 modes, such as fiber optics, satellites, and

14 land-based broadcasting;

15 ‘‘(iii) integrated uses of two-way inter16 active voice, video, and data communica17 tions;

18 ‘‘(iv) uses of interactive multimedia;

19 ‘‘(v) system capacity, such as maxi20 mum telecommunications traffic in a vari21 ety of use modes;

22 ‘‘(vi) availability of needed tech23 nologies;

24 ‘‘(vii) availability of support services;

25 and
775

•S 1513 RS

1 ‘‘(viii) assessment of the impact of pro2 posed educational access specifications on

3 existing or planned telecommunications net4 works; and

5 ‘‘(C) provide comprehensive specifications

6 which will ensure educational access to any na7 tional educational high performance computing

8 and telecommunications network as the primary

9 deliverable product of the specifications grants

10 described in this paragraph.

11 ‘‘(3) PROTOTYPE DEVELOPMENT GRANTS.—The

12 Secretary shall solicit proposals for and award grants

13 to 1 or more entities for prototype operations on ex14 isting networks in order to validate and further de15 velop the educational specifications which will facili16 tate use of existing or planned educational high per17 formance computing and telecommunications net18 works by kindergarten through 12th grade students,

19 teachers, librarians, administrators, and parents. The

20 solicitation shall request proposals to—

21 ‘‘(A) incorporate the design limits of the

22 comprehensive educational high performance

23 computing and telecommunications network

24 specifications developed by grant recipients

25 under paragraph (2);
776

•S 1513 RS

1 ‘‘(B) support prototype operations for at

2 least 1 year in a minimum of 5 test sites which

3 are selected to represent a variety of economic,

4 social, urban and rural settings;

5 ‘‘(C) provide for inservice training and

6 technical assistance during the period of proto7 type operations;

8 ‘‘(D) provide provisions for the identifica9 tion and correction of operational problems dur10 ing the period of prototype operations (including

11 design flaws);

12 ‘‘(E) include a comprehensive evaluation of

13 all aspects of the prototype, including—

14 ‘‘(i) design flaws;

15 ‘‘(ii) training requirements, including

16 resources and strategies for initial and on17 going training;

18 ‘‘(iii) technical support requirements;

19 ‘‘(iv) financing constraints;

20 ‘‘(v) availability and utility of infor21 mation resources and services accessed dur22 ing the prototype operations period;

23 ‘‘(vi) factors which enhanced or im24 peded prototype operations; and
777

•S 1513 RS

1 ‘‘(vii) an overall assessment of the im2 pact of such technology on the educational

3 process; and

4 ‘‘(F) provide recommended revisions of the

5 Secretary’s educational high performance com6 puting and telecommunications network speci7 fications based on findings of the comprehensive

8 evaluation of prototype operations.

9 ‘‘(d) TIMELINE.—The Secretary, through the Office of

10 Educational Technology, shall award grants under this sec11 tion as follows:

12 ‘‘(1) REQUIREMENT GRANTS.—The Secretary

13 shall award requirement grants under subsection

14 (c)(1) within 6 months of the date of enactment of the

15 Improving America’s Schools Act of 1994.

16 ‘‘(2) DEVELOPMENT OF DESIGN SPECIFICA17 TIONS.—The Secretary shall award grants under sub18 section (c)(2) within 18 months of the date of enact19 ment of the Improving America’s Schools Act of 1994.

20 ‘‘(3) PROTOTYPE OPERATIONS.—The Secretary

21 shall award grants under subsection (c)(3) within 30

22 months of the date of enactment of the Improving

23 America’s Schools Act of 1994.

24 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are

25 authorized to be appropriated $7,500,000 for fiscal year
778

•S 1513 RS

1 1995, and such sums as may be necessary for each of the

2 4 succeeding fiscal years, to carry out this section.

3 ‘‘SEC. 3127. STUDY, EVALUATION AND REPORT OF FUNDING

4 ALTERNATIVES.

5 ‘‘The Secretary, through the Office of Educational

6 Technology, shall conduct a study to evaluate, and report

7 to the Congress on, the feasibility of several alternative mod8 els for providing sustained and adequate funding for schools

9 throughout the United States so that such schools are able

10 to acquire and maintain technology-enhanced curriculum,

11 instruction, and administrative support resources and serv12 ices. Such report shall be submitted to the Congress not later

13 than 1 year after the date of enactment of the Improving

14 America’s Schools Act of 1994.

15 ‘‘Subpart 2—State and Local Programs for School

16 Technology Resources, Technical Support, and

17 Professional Development

18 ‘‘SEC. 3131. STATEMENT OF PURPOSE.

19 ‘‘It is the purpose of this subpart to provide Federal

20 assistance in the form of grants to support—

21 ‘‘(1) the acquisition of equipment and support22 ing resources, training, and maintenance of tech23 nology; and

24 ‘‘(2) regional consortia to enable such consortia

25 to provide professional development and technical as-
779

•S 1513 RS

1 sistance that fosters integration of technology into the

2 kindergarten through 12th grade classrooms, libraries,

3 and school library media centers.

4 ‘‘SEC. 3132. SCHOOL TECHNOLOGY RESOURCE GRANTS.

5 ‘‘(a) GRANTS AUTHORIZED.—

6 ‘‘(1) AUTHORITY.—The Secretary, through the

7 Office of Educational Technology, shall award grants

8 to State educational agencies having a systemic state9 wide plan that meets such criteria as the Secretary

10 may establish in order to enable such agencies to pro11 vide assistance to local educational agencies that have

12 the highest numbers or percentages of children in pov13 erty and demonstrate the greatest need for technology,

14 in order to enable such local educational agencies, for

15 the benefit of school sites served by such local edu16 cational agencies, to—

17 ‘‘(A) purchase quality technology resources;

18 ‘‘(B) install various linkages necessary to

19 acquire connectivity;

20 ‘‘(C) integrate technology into the curricu21 lum in order to improve student learning and

22 achievement;

23 ‘‘(D) provide teachers and library media

24 personnel with training or access to training;
780

•S 1513 RS

1 ‘‘(E) provide administrative and technical

2 support and services that improve student learn3 ing through enriched technology-enhanced re4 sources, including library media resources;

5 ‘‘(F) promote the sharing, distribution, and

6 application of educational technologies that are

7 determined to be effective in individual schools;

8 ‘‘(G) assist schools in promoting parent in9 volvement; and

10 ‘‘(H) assist the community in providing lit11 eracy-related services.

12 ‘‘(2) AMOUNT.—(A) Except as provided in sub13 paragraphs (B) and (C), the Secretary shall award

14 grants under this section to each State educational

15 agency for a fiscal year in an amount which bears the

16 same relationship to the amount appropriated pursu17 ant to the authority of subsection (b) for such year as

18 the amount such State received under part A of title

19 I for such year bears to the amount received for such

20 year under such part by all States.

21 ‘‘(B) No State educational agency shall receive a

22 grant pursuant to subparagraph (A) in any fiscal

23 year in an amount which is less than one-half of 1

24 percent of the amount appropriated pursuant to the

25 authority of subsection (b) for such year.
781

•S 1513 RS

1 ‘‘(C) If the sum of the amounts appropriated

2 pursuant to the authority of section 3132(c) is equal

3 to or less than $50,000,000 for any fiscal year, then

4 the Secretary shall award grants under this section

5 for such year on a competitive basis to local edu6 cational agencies, either separately or in cooperation

7 with a local educational agency or a State edu8 cational agency, which submit to the Secretary an ap9 plication, containing the information described in

10 paragraphs (1) through (3) of subsection (e), that the

11 Secretary approves. In awarding such grants, the

12 Secretary shall give priority to applications from

13 local educational agencies with the highest number or

14 percentage of disadvantaged students or the greatest

15 need for educational technology.

16 ‘‘(3) IDENTIFICATION OF LOCAL EDUCATIONAL

17 AGENCIES; TECHNICAL ASSISTANCE.—Each State edu18 cational agency receiving a grant under this section

19 shall—

20 ‘‘(A) identify the local educational agencies

21 served by the State educational agency that—

22 ‘‘(i) have the highest number or per23 centage of children in poverty; and

24 ‘‘(ii) demonstrate to such State edu25 cational agency the greatest need for tech-
782

•S 1513 RS

1 nical assistance in developing the applica2 tion described in subsection (d); and

3 ‘‘(B) offer such technical assistance to such

4 local educational agencies.

5 ‘‘(4) LIMITATION ON STATE COSTS.—Not more

6 than 5 percent of grant funds awarded to a State

7 educational agency under this section for any fiscal

8 year may be used by the State or State educational

9 agency for administrative costs or technical assist10 ance.

11 ‘‘(b) SELECTION OF GRANTS.—Each State educational

12 agency, in awarding grants under this section, shall—

13 ‘‘(1) ensure that each grant such agency awards

14 to a local educational agency shall be of sufficient du15 ration, and of sufficient size, scope, and quality, to

16 carry out the purposes of this title effectively; and

17 ‘‘(2) award grants to local educational agencies

18 on a competitive basis.

19 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are

20 authorized to be appropriated $200,000,000 for fiscal year

21 1995, and such sums as may be necessary for each of the

22 4 succeeding fiscal years, to carry out this section.

23 ‘‘(d) LOCAL USES OF GRANT FUNDS.—Each local edu24 cational agency receiving assistance under this section may

25 use such assistance—
783

•S 1513 RS

1 ‘‘(1) to acquire connectivity linkages, resources,

2 and services, including the acquisition of hardware

3 and software, for use by teachers, students and library

4 media personnel in the classroom or in school library

5 media centers, in order to improve student learning

6 by supporting the instructional program offered by

7 such agency to ensure that students in schools will

8 have meaningful access on a regular basis to such

9 linkages, resources and services;

10 ‘‘(2) for ongoing professional development in the

11 integration of quality educational technologies into

12 school curriculum and long-term planning for imple13 menting educational technologies; and

14 ‘‘(3) to acquire connectivity with wide area net15 works for purposes of accessing information and edu16 cational programming sources.

17 ‘‘(e) LOCAL APPLICATIONS.—Each local educational

18 agency desiring assistance from a State educational agency

19 under this section shall submit an application consistent

20 with the objectives of the systemic statewide plan to such

21 agency at such time and in such manner as such agency

22 may prescribe. Such application, at a minimum, shall—

23 ‘‘(1) include a strategic, long-range (3- to 5-

24 year), plan that includes—
784

•S 1513 RS

1 ‘‘(A) a description of the type of tech2 nologies to be acquired, including specific provi3 sions for interoperability among components of

4 such technologies and, to the extent practicable,

5 with existing technologies;

6 ‘‘(B) an explanation of how the acquired

7 technologies will be integrated into the curricu8 lum to help the local educational agency enhance

9 teaching, training, and student achievement;

10 ‘‘(C) an explanation of how programs will

11 be developed in collaboration with existing adult

12 literacy services providers to maximize the use of

13 such technologies at times other than the regular

14 school day;

15 ‘‘(D)(i) a description of how the local edu16 cational agency will ensure ongoing, sustained

17 professional development for teachers, adminis18 trators, and school library media personnel

19 served by the local educational agency to further

20 the use of technology in the classroom or library

21 media center; and

22 ‘‘(ii) a list of the source or sources of ongo23 ing training and technical assistance available

24 to schools, teachers and administrators served by

25 the local educational agency, such as State tech-
785

•S 1513 RS

1 nology offices, intermediate educational support

2 units, regional educational laboratories or insti3 tutions of higher education;

4 ‘‘(E) a description of the supporting re5 sources, such as services, software and print re6 sources, which will be acquired to ensure success7 ful and effective use of technologies acquired

8 under this section;

9 ‘‘(F) the projected timetable for implement10 ing such plan in schools;

11 ‘‘(G) the projected cost of technologies to be

12 acquired and related expenses needed to imple13 ment such plan; and

14 ‘‘(H) a description of how the local edu15 cational agency will coordinate the technology

16 provided pursuant to this subpart with other

17 grant funds available for technology from State

18 and local sources;

19 ‘‘(2) describe how the local educational agency

20 will involve parents, public libraries, business leaders

21 and community leaders in the development of such

22 plan;

23 ‘‘(3) describe how the acquired instructionally

24 based technologies will help the local educational

25 agency—
786

•S 1513 RS

1 ‘‘(A) promote equity in education in order

2 to support State content standards and State

3 student performance standards that may be de4 veloped; and

5 ‘‘(B) provide access for teachers, parents

6 and students to the best teaching practices and

7 curriculum resources through technology; and

8 ‘‘(4) describe a process for the ongoing evaluation

9 of how technologies acquired under this section—

10 ‘‘(A) will be integrated into the school cur11 riculum; and

12 ‘‘(B) will affect student achievement and

13 progress toward meeting the National Education

14 Goals and any State content standards and

15 State student performance standards that may

16 be developed.

17 ‘‘(f) COORDINATION OF APPLICATION REQUIRE18 MENTS.—If a local educational agency submitting an ap19 plication for assistance under this section has developed a

20 comprehensive education improvement plan, in conjunction

21 with requirements under this Act or the Goals 2000: Edu22 cate America Act, the State educational agency may ap23 prove such plan, or a component of such plan, notwith24 standing the requirements of subsection (e) if the State edu-
787

•S 1513 RS

1 cational agency determines that such approval would fur2 ther the purposes of this section.

3 ‘‘Subpart 3—Special Rule Applicable to

4 Appropriations

5 ‘‘SEC. 3141. SPECIAL RULE.

6 ‘‘(a) APPROPRIATION OF LESS THAN $50,000,000.—

7 Notwithstanding any other provision of law, for any fiscal

8 year for which the sum of the amounts appropriated pursu9 ant to the authority of sections 3122(f), 3123(b)(5), 3124(e),

10 3125(e), 3126(e), and 3132(c) is less than $50,000,000, the

11 Secretary shall aggregate such amounts and make avail12 able—

13 ‘‘(1) 50 percent of such aggregate amount to

14 carry out subpart 1 for such year; and

15 ‘‘(2) 50 percent of such aggregate amount to

16 carry out subpart 2 for such year.

17 ‘‘(b) APPROPRIATION EQUAL TO OR GREATER THAN

18 $50,000,000.—Notwithstanding any other provision of law,

19 for any fiscal year for which the sum of the amounts appro20 priated pursuant to the authority of sections 3122(f),

21 3123(b)(5), 3124(e), 3125(e), 3126(e), and 3132(c) is equal

22 to or greater than $50,000,000, the Secretary shall aggre23 gate such amounts and make available—
788

•S 1513 RS

1 ‘‘(1) the sum of $25,000,000 plus 35 percent of

2 such aggregate amount in excess of $50,000,000 to

3 carry out subpart 1 for such year; and

4 ‘‘(2) the sum of $25,000,000 plus 65 percent of

5 such aggregate amount in excess of $50,000,000 to

6 carry out subpart 2 for such year.

7 ‘‘PART B—STAR SCHOOLS PROGRAM

8 ‘‘SEC. 3201. SHORT TITLE.

9 ‘‘This part may be cited as the ‘Star Schools Act’.

10 ‘‘SEC. 3202. PURPOSE.

11 ‘‘It is the purpose of this part to encourage improved

12 instruction in mathematics, science, and foreign languages

13 as well as other subjects, such as literacy skills and voca14 tional education, and to serve underserved populations, in15 cluding the disadvantaged, illiterate, limited-English pro16 ficient, and disabled, through a star schools program under

17 which grants are made to eligible telecommunication part18 nerships to enable such partnerships to—

19 ‘‘(1) develop, construct, acquire, maintain and

20 operate telecommunications audio and visual facili21 ties and equipment;

22 ‘‘(2) develop and acquire educational and in23 structional programming; and

24 ‘‘(3) obtain technical assistance for the use of

25 such facilities and instructional programming.
789

•S 1513 RS

1 ‘‘SEC. 3203. GRANTS AUTHORIZED.

2 ‘‘(a) AUTHORITY.—The Secretary, through the Office

3 of Educational Technology, is authorized to make grants,

4 in accordance with the provisions of this part, to eligible

5 telecommunications partnerships to pay the Federal share

6 of the cost of—

7 ‘‘(1) the development, construction, acquisition,

8 maintenance and operation of telecommunications fa9 cilities and equipment;

10 ‘‘(2) the development and acquisition of live,

11 interactive instructional programming;

12 ‘‘(3) the development and acquisition of

13 preservice and inservice teacher training programs

14 based on established research regarding teacher-to15 teacher mentoring, effective skill transfer, and ongo16 ing, in-class instruction;

17 ‘‘(4) the establishment of teleconferencing facili18 ties and resources for broadcasting interactive train19 ing to teachers;

20 ‘‘(5) obtaining technical assistance; and

21 ‘‘(6) the coordination of the design and

22 connectivity of telecommunications networks to reach

23 the greatest number of schools.

24 ‘‘(b) DURATION.—
790

•S 1513 RS

1 ‘‘(1) IN GENERAL.—The Secretary shall award

2 grants pursuant to subsection (a) for a period of 5

3 years.

4 ‘‘(2) RENEWAL.—Grants awarded pursuant to

5 subsection (a) may be renewed for 1 additional 5-year

6 period.

7 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—

8 ‘‘(1) IN GENERAL.—There are authorized to be

9 appropriated $35,000,000 for fiscal year 1995, and

10 such sums as may be necessary for each of the 4 suc11 ceeding fiscal years, to carry out this part.

12 ‘‘(2) AVAILABILITY.—Funds appropriated pursu13 ant to the authority of subsection (a) shall remain

14 available until expended.

15 ‘‘(d) LIMITATIONS.—

16 ‘‘(1) AMOUNT.—A grant made to an eligible tele17 communications partnership under this part shall not

18 exceed $5,000,000 in any 1 fiscal year.

19 ‘‘(2) RESERVATIONS.—

20 ‘‘(A) INSTRUCTIONAL PROGRAMMING.—Not

21 less than 25 percent of the funds available to the

22 Secretary in any fiscal year under this part

23 shall be used for the cost of instructional pro24 gramming.
791

•S 1513 RS

1 ‘‘(B) FACILITIES AND EQUIPMENT.—Not less

2 than 25 percent of the funds available to the Sec3 retary in any fiscal year under this part shall

4 be used for telecommunications facilities and

5 equipment.

6 ‘‘(3) SPECIAL RULE.—Not less than 50 percent of

7 the funds available in any fiscal year under this part

8 shall be used for the cost of facilities, equipment,

9 teacher training or retraining, technical assistance, or

10 programming, for local educational agencies which

11 are eligible to receive assistance under part A of title

12 I of the Elementary and Secondary Education Act of

13 1965.

14 ‘‘(e) FEDERAL SHARE.—

15 ‘‘(1) IN GENERAL.—The Federal share for any

16 fiscal year shall be not more than 75 percent.

17 ‘‘(2) WAIVER.—The Secretary may reduce or

18 waive the requirements of the non-Federal share re19 quired under paragraph (1) for good cause, as deter20 mined by the Secretary.

21 ‘‘(f) COORDINATION.—The Department, the National

22 Science Foundation, the Department of Agriculture, and

23 any other Federal department or agency operating a tele24 communications network for educational purposes, shall co25 ordinate the activities assisted under this part with the ac-
792

•S 1513 RS

1 tivities of such department or agency relating to a tele2 communications network for educational purposes.

3 ‘‘(g) CLOSED CAPTIONING AND DESCRIPTIVE VIDEO.—

4 Each entity receiving funds under this part is encouraged

5 to provide—

6 ‘‘(1) closed captioning of the verbal content of

7 such program, where appropriate, to be broadcast by

8 way of line 21 of the vertical blanking interval, or by

9 way of comparable successor technologies; and

10 ‘‘(2) descriptive video of the visual content of

11 such program, as appropriate.

12 ‘‘SEC. 3204. ELIGIBLE TELECOMMUNICATIONS PARTNER13 SHIPS.

14 ‘‘(a) IN GENERAL.—In order to be eligible for a grant

15 under this part, an eligible telecommunications partnership

16 shall consist of—

17 ‘‘(1) a public agency or corporation established

18 for the purposes of developing and operating tele19 communications services to enhance educational op20 portunities provided by educational institutions,

21 teacher training centers, and other entities, except

22 that any such agency or corporation shall represent

23 the interest of elementary and secondary schools

24 which are eligible for assistance under part A of title

25 I; or
793

•S 1513 RS

1 ‘‘(2) a partnership that will provide tele2 communications services and which includes 3 or

3 more of the following entities, at least 1 of which shall

4 be an agency described in subparagraph (A) or (B):

5 ‘‘(A) a local educational agency serving a

6 significant number of elementary and secondary

7 schools that are eligible for assistance under part

8 A of title I or elementary and secondary schools

9 operated for Indian children by the Department

10 of the Interior under section 1121(c);

11 ‘‘(B) a State educational agency;

12 ‘‘(C) an institution of higher education or a

13 State higher education agency;

14 ‘‘(D) a teacher training center or academy

15 which—

16 ‘‘(i) provides teacher preservice and in17 service training; and

18 ‘‘(ii) receives Federal financial assist19 ance or has been approved by a State agen20 cy;

21 ‘‘(E)(i) a public or private entity with ex22 perience and expertise in the planning and oper23 ation of a telecommunications service, including

24 entities involved in telecommunications through

25 satellite, cable, telephone or computers; or
794

•S 1513 RS

1 ‘‘(ii) a public broadcasting entity with such

2 experience; or

3 ‘‘(F) a public or private elementary or sec4 ondary school.

5 ‘‘(b) SPECIAL RULE.—An eligible telecommunications

6 partnership shall be organized on a statewide or multistate

7 basis.

8 ‘‘SEC. 3205. APPLICATIONS.

9 ‘‘(a) APPLICATIONS REQUIRED.—Each eligible tele10 communications partnership which desires to receive a

11 grant under section 3203 shall submit an application to

12 the Secretary, at such time, in such manner, and contain13 ing or accompanied by such information as the Secretary

14 may reasonably require.

15 ‘‘(b) CONTENTS OF THE APPLICATION.—Each applica16 tion submitted pursuant to subsection (a) shall—

17 ‘‘(1) describe the telecommunications facilities

18 and equipment and technical assistance for which as19 sistance is sought, which may include—

20 ‘‘(A) the design, development, construction,

21 acquisition, maintenance and operation of State

22 or multistate educational telecommunications

23 networks and technology resource centers;
795

•S 1513 RS

1 ‘‘(B) microwave, fiber optics, cable, and sat2 ellite transmission equipment or any combina3 tion thereof;

4 ‘‘(C) reception facilities;

5 ‘‘(D) satellite time;

6 ‘‘(E) production facilities;

7 ‘‘(F) other telecommunications equipment

8 capable of serving a wide geographic area;

9 ‘‘(G) the provision of training services to

10 instructors who will be using the facilities and

11 equipment for which assistance is sought, includ12 ing training in using such facilities and equip13 ment and training in integrating programs into

14 the classroom curriculum; and

15 ‘‘(H) the development of educational pro16 gramming for use on a telecommunications net17 work;

18 ‘‘(2) in the case of an application for assistance

19 for instructional programming, describe the types of

20 programming which will be developed to enhance in21 struction and training and provide assurances that

22 such programming will be designed in consultation

23 with professionals (including classroom teachers) who

24 are experts in the applicable subject matter and grade

25 level;
796

•S 1513 RS

1 ‘‘(3) demonstrate that the eligible telecommuni2 cations partnership has engaged in sufficient survey

3 and analysis of the area to be served to ensure that

4 the services offered by the eligible telecommunications

5 partnership will increase the availability of courses of

6 instruction in mathematics, science, and foreign lan7 guages, as well as other subjects to be offered;

8 ‘‘(4) describe the training policies for teachers

9 and other school personnel to be implemented to en10 sure the effective use of telecommunications facilities

11 and equipment for which assistance is sought;

12 ‘‘(5) provide assurances that the financial inter13 est of the United States in the telecommunications fa14 cilities and equipment will be protected for the useful

15 life of such facilities and equipment;

16 ‘‘(6) provide assurances that a significant por17 tion of any facilities and equipment, technical assist18 ance, and programming for which assistance is sought

19 for elementary and secondary schools will be made

20 available to schools or local educational agencies that

21 have a high number or percentage of children eligible

22 to be counted under part A of title I;

23 ‘‘(7) describe the manner in which traditionally

24 underserved students, such as students who are dis25 advantaged, limited-English proficient, disabled, or
797

•S 1513 RS

1 illiterate, will participate in the benefits of the tele2 communications facilities, equipment, technical as3 sistance, and programming assisted under this part;

4 ‘‘(8) provide assurances that the applicant will

5 use the funds provided under this part to supplement

6 and not supplant funds otherwise available for the

7 purposes of this part;

8 ‘‘(9) if any member of the consortia is receiving

9 assistance under section 3122, describe how funds re10 ceived under this part will be coordinated with funds

11 received for educational technology in the classroom

12 under such section;

13 ‘‘(10) describe the activities or services for which

14 assistance is sought, including activities and services

15 such as—

16 ‘‘(A) providing facilities, equipment, train17 ing, services, and technical assistance described

18 in paragraphs (1), (2), (4) and (7);

19 ‘‘(B) making programs accessible to indi20 viduals with disabilities through mechanisms

21 such as closed captioning and descriptive video

22 services;

23 ‘‘(C) linking networks together, for example,

24 around an issue of national importance, such as

25 national elections;
798

•S 1513 RS

1 ‘‘(D) sharing curriculum resources between

2 networks and development of program guides

3 which demonstrate cooperative, cross-network

4 listing of programs for specific curriculum areas;

5 ‘‘(E) providing teacher and student support

6 services including classroom and training sup7 port materials which permit student and teacher

8 involvement in the live interactive distance

9 learning telecasts;

10 ‘‘(F) incorporating community resources,

11 such as libraries and museums, into instruc12 tional programs;

13 ‘‘(G) providing teacher training to early

14 childhood development and Head Start teachers

15 and staff;

16 ‘‘(H) providing teacher training to voca17 tional education teachers and staff;

18 ‘‘(I) providing teacher training on proposed

19 or established voluntary national content stand20 ards in mathematics and science and other dis21 ciplines as such standards are developed;

22 ‘‘(J) providing programs for adults at times

23 other than the regular school day in order to

24 maximize the use of telecommunications facilities

25 and equipment; and
799

•S 1513 RS

1 ‘‘(K) providing parent education programs

2 during and after the regular school day which

3 reinforce the student’s course of study and ac4 tively involve parents in the learning process;

5 and

6 ‘‘(11) include such additional assurances as the

7 Secretary may reasonably require.

8 ‘‘(c) APPROVAL OF APPLICATION; PRIORITY.—The Sec9 retary, in approving applications under this part, shall

10 give priority to applications which demonstrate that—

11 ‘‘(1) a concentration and quality of mathematics,

12 science, and foreign languages resources which, by

13 their distribution through the eligible telecommuni14 cations partnership, will offer significant new edu15 cational opportunities to network participants, par16 ticularly to traditionally underserved populations

17 and areas with scarce resources and limited access to

18 courses in mathematics, science, and foreign lan19 guages;

20 ‘‘(2) the eligible telecommunications partnership

21 has secured the direct cooperation and involvement of

22 public and private educational institutions, State and

23 local government, and industry in planning the net24 work;
800

•S 1513 RS

1 ‘‘(3) the eligible telecommunications partnership

2 will serve the broadest range of institutions, including

3 in the case of elementary and secondary schools, those

4 elementary and secondary schools having a signifi5 cant number of students eligible to be counted under

6 part A of title I, programs providing instruction out7 side of the school setting, institutions of higher edu8 cation, teacher training centers, research institutes,

9 and private industry;

10 ‘‘(4) a significant number of educational institu11 tions have agreed to participate or will participate in

12 the use of the telecommunications system for which

13 assistance is sought;

14 ‘‘(5) the eligible telecommunications partnership

15 will have substantial academic and teaching capabili16 ties, including the capability of training, retraining,

17 and inservice upgrading of teaching skills and the ca18 pability to provide professional development leading

19 to comprehensive effective instructional strategies,

20 outcomes-based curriculum and parenting practices;

21 ‘‘(6) the eligible telecommunications partnership

22 will—

23 ‘‘(A) provide a comprehensive range of

24 courses for educators to teach instructional strat25 egies for students with different skill levels;
801

•S 1513 RS

1 ‘‘(B) provide training to participating edu2 cators in ways to integrate telecommunications

3 courses into existing school curriculum; and

4 ‘‘(C) provide instruction for students, teach5 ers, and parents;

6 ‘‘(7) the eligible telecommunications partnership

7 will serve a multistate area;

8 ‘‘(8) the eligible telecommunications partnership

9 will give priority to the provision of equipment and

10 linkages to isolated areas;

11 ‘‘(9) a telecommunications entity (such as a sat12 ellite, cable, telephone, computer, or public or private

13 television stations) will participate in the partnership

14 and will donate equipment or in kind services for

15 telecommunications linkages; and

16 ‘‘(10) the eligible telecommunications partner17 ship will, in providing services with assistance under

18 this part, meet the needs of groups of individuals tra19 ditionally excluded from careers in mathematics and

20 science because of discrimination, inaccessibility, or

21 economically disadvantaged backgrounds.

22 ‘‘(d) GEOGRAPHIC DISTRIBUTION.—In approving ap23 plications under this part, the Secretary shall assure an

24 equitable geographic distribution of grants under this part.
802

•S 1513 RS

1 ‘‘SEC. 3206. LEADERSHIP AND EVALUATION ACTIVITIES.

2 ‘‘(a) RESERVATION.—From the amount appropriated

3 pursuant to the authority of section 3203(c)(1) in each fis4 cal year, the Secretary may reserve not more than 5 percent

5 of such amount for national leadership, evaluation, and

6 peer review activities.

7 ‘‘(b) METHOD OF FUNDING.—The Secretary may fund

8 the activities described in subsection (a) directly or through

9 grants, contracts, and cooperative agreements.

10 ‘‘(c) USES OF FUNDS.—

11 ‘‘(1) LEADERSHIP.—Funds reserved for leader12 ship activities under subsection (a) may be used for—

13 ‘‘(A) disseminating information, including

14 lists and descriptions of services available from

15 recipients; and

16 ‘‘(B) other activities designed to enhance the

17 quality of distance learning activities nation18 wide.

19 ‘‘(2) EVALUATION.—Funds reserved for evalua20 tion activities under subsection (a) may be used to

21 conduct independent evaluations of the activities as22 sisted under this part and of distance learning in

23 general, including—

24 ‘‘(A) analyses of distance learning efforts,

25 including such efforts that are assisted under
803

•S 1513 RS

1 this part and such efforts that are not assisted

2 under this part; and

3 ‘‘(B) comparisons of the effects, including

4 student outcomes, of different technologies in dis5 tance learning efforts.

6 ‘‘(3) PEER REVIEW.—Funds reserved for peer re7 view activities under subsection (a) may be used for

8 peer review of—

9 ‘‘(A) applications for grants under this

10 part; and

11 ‘‘(B) activities assisted under this part.

12 ‘‘SEC. 3207. ADMINISTRATIVE PROVISIONS.

13 ‘‘(a) CONTINUING ELIGIBILITY.—

14 ‘‘(1) IN GENERAL.—In order to be eligible to re15 ceive a grant under this part for a second 5-year

16 grant period an eligible telecommunications partner17 ship shall demonstrate in the application submitted

18 pursuant to section 3205 that such partnership will—

19 ‘‘(A) continue to provide services in the sub20 ject areas and geographic areas assisted with

21 funds received under this part for the previous 5-

22 year grant period; and

23 ‘‘(B) use all grant funds received under this

24 part for the second 5-year grant period to pro25 vide expanded services by—
804

•S 1513 RS

1 ‘‘(i) increasing the number of students,

2 schools or school districts served by the

3 courses of instruction assisted under this

4 part in the previous fiscal year;

5 ‘‘(ii) providing new courses of instruc6 tion; and

7 ‘‘(iii) serving new populations of un8 derserved individuals, such as children or

9 adults who are disadvantaged, have limited10 English proficiency, are disabled, are illit11 erate, or lack secondary school diplomas or

12 their recognized equivalent.

13 ‘‘(2) SPECIAL RULES.—Grant funds received

14 pursuant to the application of paragraph (1) shall be

15 used to supplement and not supplant services pro16 vided by the recipient under this part in the previous

17 fiscal year.

18 ‘‘(b) FEDERAL ACTIVITIES.—The Secretary may assist

19 grant recipients under this part in acquiring satellite time,

20 where appropriate, as economically as possible.

21 ‘‘SEC. 3208. OTHER ASSISTANCE.

22 ‘‘(a) SPECIAL STATEWIDE NETWORK.—

23 ‘‘(1) IN GENERAL.—The Secretary, through the

24 Office of Educational Technology, may provide assist-
805

•S 1513 RS

1 ance to a statewide telecommunications network

2 under this subsection if such network—

3 ‘‘(A) provides 2-way full motion interactive

4 video and audio communications;

5 ‘‘(B) links together public colleges and uni6 versities and secondary schools throughout the

7 State; and

8 ‘‘(C) meets any other requirements deter9 mined appropriate by the Secretary.

10 ‘‘(2) STATE CONTRIBUTION.—A statewide tele11 communications network assisted under paragraph

12 (1) shall contribute, either directly or through private

13 contributions, non-Federal funds equal to not less

14 than 50 percent of the cost of such network.

15 ‘‘(b) SPECIAL LOCAL NETWORK.—

16 ‘‘(1) IN GENERAL.—The Secretary may provide

17 assistance, on a competitive basis, to a local edu18 cational agency or consortium thereof to enable such

19 agency or consortium to establish a high technology

20 demonstration program.

21 ‘‘(2) PROGRAM REQUIREMENTS.—A high tech22 nology demonstration program assisted under para23 graph (1) shall—

24 ‘‘(A) include 2-way full motion interactive

25 video, audio and text communications;
806

•S 1513 RS

1 ‘‘(B) link together elementary and second2 ary schools, colleges, and universities;

3 ‘‘(C) provide parent participation and fam4 ily programs;

5 ‘‘(D) include a staff development program;

6 and

7 ‘‘(E) have a significant contribution and

8 participation from business and industry.

9 ‘‘(3) SPECIAL RULE.—Each high technology dem10 onstration program assisted under paragraph (1)

11 shall be of sufficient size and scope to have an effect

12 on meeting the National Education Goals.

13 ‘‘(4) MATCHING REQUIREMENT.—A local edu14 cational agency or consortium receiving a grant

15 under paragraph (1) shall provide, either directly or

16 through private contributions, non-Federal matching

17 funds equal to not less than 50 percent of the amount

18 of the grant.

19 ‘‘SEC. 3209. DEFINITIONS.

20 ‘‘As used in this part—

21 ‘‘(1) the term ‘educational institution’ means an

22 institution of higher education, a local educational

23 agency, or a State educational agency;

24 ‘‘(2) the term ‘instructional programming’

25 means courses of instruction, training courses, and
807

•S 1513 RS

1 resources used in such instruction and training,

2 which have been prepared in audio and visual form

3 on tape, disc, film, live, and presented by means of

4 telecommunications devices;

5 ‘‘(3) the term ‘public broadcasting entity’ has the

6 same meaning given that term by section 397 of the

7 Communications Act of 1934; and

8 ‘‘(4) the term ‘State’ means each of the several

9 States, the District of Columbia, the Commonwealth

10 of Puerto Rico, Guam, American Samoa, the Virgin

11 Islands, the Republic of the Marshall Islands, the Fed12 erated States of Micronesia, the Republic of Palau,

13 and the Commonwealth of the Northern Mariana Is14 lands.

15 ‘‘PART C—READY-TO-LEARN TELEVISION

16 ‘‘SEC. 3301. READY-TO-LEARN.

17 ‘‘(a) IN GENERAL.—The Secretary is authorized to

18 enter into contracts, cooperative agreements, or grants with

19 entities described in section 3302(b) to develop, produce,

20 and distribute educational and instructional video pro21 gramming for preschool and elementary school children and

22 their parents in order to facilitate the achievement of the

23 National Education Goals.

24 ‘‘(b) AVAILABILITY.—In making such contracts, coop25 erative agreements, or grants, the Secretary shall ensure
808

•S 1513 RS

1 that recipients make programming widely available with

2 support materials as appropriate to young children, their

3 parents, child care workers, and Head Start providers to

4 increase the effective use of such programming.

5 ‘‘SEC. 3302. EDUCATIONAL PROGRAMMING.

6 ‘‘(a) AWARDS.—The Secretary shall award contracts,

7 cooperative agreements, or grants to eligible entities to—

8 ‘‘(1) facilitate the development directly or

9 through contracts with producers of children and fam10 ily educational television programming, educational

11 programming for preschool and elementary school

12 children, and accompanying support materials and

13 services that promote the effective use of such pro14 gramming; and

15 ‘‘(2) contract with entities (such as public broad16 casting entities and those funded under the Star

17 Schools Act) in order that programs developed under

18 this section are disseminated and distributed to the

19 widest possible audience appropriate to be served by

20 the programming by the most appropriate distribu21 tion technologies.

22 ‘‘(b) ELIGIBLE ENTITIES.—To be eligible to receive a

23 contract, cooperative agreement, or grant under subsection

24 (a), an entity shall be—
809

•S 1513 RS

1 ‘‘(1) a nonprofit entity (including a public tele2 communications entity) able to demonstrate a capac3 ity for the development and distribution of edu4 cational and instructional television programming of

5 high quality for preschool and elementary school chil6 dren; and

7 ‘‘(2) able to demonstrate a capacity to contract

8 with the producers of children’s television program9 ming for the purpose of developing educational tele10 vision programming of high quality for preschool and

11 elementary school children.

12 ‘‘(c) CULTURAL EXPERIENCES.—Programming devel13 oped under this section shall reflect the recognition of di14 verse cultural experiences and the needs and experiences of

15 both boys and girls in engaging and preparing young chil16 dren for schooling.

17 ‘‘SEC. 3303. DUTIES OF SECRETARY.

18 ‘‘The Secretary is authorized—

19 ‘‘(1) to establish and administer a Special

20 Projects of National Significance program to award

21 contracts, cooperative agreements, or grants to public

22 and nonprofit private entities, or local public tele23 vision stations or such public television stations that

24 are part of a consortium with one or more State edu25 cational agencies, local educational agencies, local
810

•S 1513 RS

1 schools, institutions of higher education, or commu2 nity-based organizations of demonstrated effectiveness,

3 for the purpose of—

4 ‘‘(A) addressing the learning needs of young

5 children in limited-English proficient households,

6 and developing appropriate educational and in7 structional television programming to foster the

8 school readiness of such children;

9 ‘‘(B) developing programming and support

10 materials to increase family literacy skills

11 among parents to assist parents in teaching their

12 children and utilizing educational television pro13 gramming to promote school readiness; and

14 ‘‘(C) identifying, supporting, and enhanc15 ing the effective use and outreach of innovative

16 programs that promote school readiness;

17 ‘‘(2) to establish within the Department a clear18 inghouse to compile and provide information, refer19 rals and model program materials and programming

20 obtained or developed under this part to parents,

21 child care providers, and other appropriate individ22 uals or entities to assist such individuals and entities

23 in accessing programs and projects under this part;

24 and
811

•S 1513 RS

1 ‘‘(3) to develop and disseminate training mate2 rials, including—

3 ‘‘(A) interactive programs and programs

4 adaptable to distance learning technologies that

5 are designed to enhance knowledge of children’s

6 social and cognitive skill development and posi7 tive adult-child interactions; and

8 ‘‘(B) support materials to promote the effec9 tive use of materials developed under paragraph

10 (2);

11 among parents, Head Start providers, in-home and

12 center based day care providers, early childhood devel13 opment personnel, and elementary school teachers,

14 public libraries, and after school program personnel

15 caring for preschool and elementary school children;

16 ‘‘(4) coordinate activities with the Secretary of

17 Health and Human Services in order to—

18 ‘‘(A) maximize the utilization of quality

19 educational programming by preschool and ele20 mentary school children, and make such pro21 gramming widely available to federally funded

22 programs serving such populations; and

23 ‘‘(B) provide information to recipients of

24 funds under Federal programs that have major

25 training components for early childhood develop-
812

•S 1513 RS

1 ment, including Head Start, Even Start, and

2 State training activities funded under the Child

3 Care Development Block Grant Act of 1990 re4 garding the availability and utilization of mate5 rials developed under paragraph (3) to enhance

6 parent and child care provider skills in early

7 childhood development and education.

8 ‘‘SEC. 3304. APPLICATIONS.

9 ‘‘Each eligible entity desiring a contract, cooperative

10 agreement, or grant under section 3301 or 3303 shall sub11 mit an application to the Secretary at such time, in such

12 manner, and accompanied by such information as the Sec13 retary may reasonably require.

14 ‘‘SEC. 3305. REPORTS AND EVALUATION.

15 ‘‘(a) ANNUAL REPORT TO SECRETARY.—An entity re16 ceiving funds under section 3301 shall prepare and submit

17 to the Secretary an annual report which contains such in18 formation as the Secretary may require. At a minimum,

19 the report shall describe the program activities undertaken

20 with funds received under this section, including—

21 ‘‘(1) the programming that has been developed

22 directly or indirectly by the entity, and the target

23 population of the programs developed;

24 ‘‘(2) the support materials that have been devel25 oped to accompany the programming, and the method
813

•S 1513 RS

1 by which such materials are distributed to consumers

2 and users of the programming;

3 ‘‘(3) the means by which programming developed

4 under this section has been distributed, including the

5 distance learning technologies that have been utilized

6 to make programming available and the geographic

7 distribution achieved through such technologies; and

8 ‘‘(4) the initiatives undertaken by the entity to

9 develop public-private partnerships to secure non-Fed10 eral support for the development and distribution and

11 broadcast of educational and instructional program12 ming.

13 ‘‘(b) REPORT TO CONGRESS.—The Secretary shall pre14 pare and submit to the relevant committees of Congress a

15 biannual report which includes—

16 ‘‘(1) a summary of the information made avail17 able under section 3302(a); and

18 ‘‘(2) a description of the training materials

19 made available under section 3303(3), the manner in

20 which outreach has been conducted to inform parents

21 and child care providers of the availability of such

22 materials, and the manner in which such materials

23 have been distributed in accordance with such section.
814

•S 1513 RS

1 ‘‘SEC. 3306. ADMINISTRATIVE COSTS.

2 ‘‘With respect to the implementation of section 3302,

3 entities receiving a contract, cooperative agreement, or

4 grant from the Secretary may use not more than 5 percent

5 of the amounts received under such section for the normal

6 and customary expenses of administering the contract, co7 operative agreement, or grant.

8 ‘‘SEC. 3307. DEFINITION.

9 ‘‘For the purposes of this part, the term ‘distance

10 learning’ means the transmission of educational or instruc11 tional programming to geographically dispersed individ12 uals and groups via telecommunications.

13 ‘‘SEC. 3308. AUTHORIZATION OF APPROPRIATIONS.

14 ‘‘(a) IN GENERAL.—There are authorized to be appro15 priated to carry out this part, $30,000,000 for fiscal year

16 1995, and such sums as may be necessary for each of the

17 4 succeeding fiscal years. Not less than 60 percent of the

18 amounts appropriated under this subsection for each fiscal

19 year shall be used to carry out section 3302.

20 ‘‘(b) SPECIAL PROJECTS.—Of the amount appro21 priated under subsection (1) for each fiscal year, at least

22 10 percent of such amount shall be utilized in each such

23 fiscal year for activities under section 3303(1)(C).
815

•S 1513 RS

1 ‘‘PART D—ELEMENTARY MATHEMATICS AND

2 SCIENCE EQUIPMENT PROGRAM

3 ‘‘SEC. 3401. SHORT TITLE.

4 ‘‘This part may be cited as the ‘Elementary Mathe5 matics and Science Equipment Act’.

6 ‘‘SEC. 3402. STATEMENT OF PURPOSE.

7 ‘‘It is the purpose of this part to raise the quality of

8 instruction in mathematics and science in the Nation’s ele9 mentary schools by providing equipment and materials nec10 essary for hands-on instruction through assistance to State

11 and local educational agencies.

12 ‘‘SEC. 3403. PROGRAM AUTHORIZED.

13 ‘‘The Secretary is authorized to make allotments to

14 State educational agencies under section 3404 to enable

15 such agencies to award grants to local educational agencies

16 for the purpose of providing equipment and materials to

17 elementary schools to improve mathematics and science edu18 cation in such schools.

19 ‘‘SEC. 3404. ALLOTMENTS OF FUNDS.

20 ‘‘(a) IN GENERAL.—From the amount appropriated

21 under section 3410 for any fiscal year, the Secretary shall

22 reserve—

23 ‘‘(1) not more than one-half of 1 percent for al24 lotment among Guam, American Samoa, the Virgin

25 Islands, the Northern Mariana Islands, the Republic

26 of the Marshall Islands, the Federated States of Mi-
816

•S 1513 RS

1 cronesia, and Palau according to their respective

2 needs for assistance under this part; and

3 ‘‘(2) one-half of 1 percent for programs for In4 dian students served by schools funded by the Sec5 retary of the Interior which are consistent with the

6 purposes of this part.

7 ‘‘(b) ALLOTMENT.—

8 ‘‘(1) IN GENERAL.—The remainder of the

9 amount so appropriated (after meeting requirements

10 in subsection (a)) shall be allotted among State edu11 cational agencies so that—

12 ‘‘(A) one-half of such remainder shall be

13 distributed by allotting to each State educational

14 agency an amount which bears the same ratio to

15 such one-half of such remainder as the number of

16 children aged 5 to 17, inclusive, in the State

17 bears to the number of such children in all

18 States; and

19 ‘‘(B) one-half of such remainder shall be

20 distributed according to each State’s share of al21 locations under part A of title I.

22 ‘‘(2) MINIMUM.—Except as provided in para23 graph (3), no State educational agency shall receive

24 an allotment under this subsection for any fiscal year

25 in an amount that is—
817

•S 1513 RS

1 ‘‘(A) less than one-half of 1 percent of the

2 amount made available under this subsection for

3 such fiscal year; or

4 ‘‘(B) less than the amount allotted to such

5 State for fiscal year 1988 under title II of the

6 Education for Economic Security Act.

7 ‘‘(3) RATABLE REDUCTIONS.—(A) If the sums

8 made available under this part for any fiscal year are

9 insufficient to pay the full amounts that all State

10 educational agencies are eligible to receive under

11 paragraph (2)(B) for such year, the Secretary shall

12 ratably reduce the allotment to such agencies for such

13 year.

14 ‘‘(B) If additional funds become available for

15 making payments under paragraph (2)(B) for such

16 fiscal year, allotments that were reduced under sub17 paragraph (A) shall be increased on the same basis as

18 such allotments were reduced.

19 ‘‘(c) REALLOTMENT OF UNUSED FUNDS.—The amount

20 of any State educational agency’s allotment under sub21 section (b) for any fiscal year to carry out this part which

22 the Secretary determines will not be required for that fiscal

23 year to carry out this part shall be available for reallotment

24 from time to time, on such dates during that year as the

25 Secretary may determine, to other State educational agen-
818

•S 1513 RS

1 cies in proportion to the original allotments to those State

2 educational agencies under subsection (b) for that year but

3 with such proportionate amount for any of those other State

4 educational agencies being reduced to the extent it exceeds

5 the sum the Secretary estimates that the State educational

6 agency needs and will be able to use for that year, and the

7 total of those reductions shall be similarly reallotted among

8 the State educational agencies whose proportionate amounts

9 were not so reduced. Any amounts reallotted to a State edu10 cational agency under this subsection during a year shall

11 be deemed a part of the State educational agency’s allot12 ment under subsection (b) for that year.

13 ‘‘(d) DEFINITION.—For the purposes of this part the

14 term ‘State’ means each of the 50 States, the District of

15 Columbia, and the Commonwealth of Puerto Rico.

16 ‘‘(e) DATA.—The number of children aged 5 to 17, in17 clusive, in the State and in all States shall be determined

18 by the Secretary on the basis of the most recent satisfactory

19 data available to the Secretary.

20 ‘‘SEC. 3405. STATE APPLICATION.

21 ‘‘(a) APPLICATION.—Each State educational agency

22 desiring to receive an allotment under this part shall file

23 an application with the Secretary which covers a period

24 of 5 fiscal years. Such application shall be filed at such
819

•S 1513 RS

1 time, in such manner, and containing or accompanied by

2 such information as the Secretary may reasonably require.

3 ‘‘(b) CONTENTS OF APPLICATION.—Each application

4 described in subsection (a) shall—

5 ‘‘(1) provide assurances that—

6 ‘‘(A) the State educational agency shall use

7 the allotment provided under this part to award

8 grants to local educational agencies within the

9 State to enable such local educational agencies to

10 provide assistance to schools served by such agen11 cy to carry out the purpose of this part;

12 ‘‘(B) the State educational agency will pro13 vide such fiscal control and funds accounting as

14 the Secretary may require;

15 ‘‘(C) every public elementary school in the

16 State is eligible to receive assistance under this

17 part once over the 5-year duration of the pro18 gram assisted under this part;

19 ‘‘(D) funds provided under this part will

20 supplement, not supplant, State and local funds

21 made available for activities authorized under

22 this part;

23 ‘‘(E) during the 5-year period described in

24 the application, the State educational agency

25 will evaluate its standards and programs for
820

•S 1513 RS

1 teacher preparation and inservice professional

2 development for elementary mathematics and

3 science;

4 ‘‘(F) the State educational agency will take

5 into account the needs for greater access to and

6 participation in mathematics and science by stu7 dents and teachers from historically

8 underrepresented groups, including females, mi9 norities, individuals with limited-English pro10 ficiency, the economically disadvantaged, and in11 dividuals with disabilities; and

12 ‘‘(G) that the needs of teachers and students

13 in areas with high concentrations of low-income

14 students and sparsely populated areas will be

15 given priority in awarding assistance under this

16 part;

17 ‘‘(2) provide, if appropriate, a description of

18 how funds paid under this part will be coordinated

19 with State and local funds and other Federal re20 sources, particularly with respect to programs for the

21 professional development and inservice training of el22 ementary school teachers in science and mathematics;

23 and

24 ‘‘(3) describe procedures—
821

•S 1513 RS

1 ‘‘(A) for submitting applications for pro2 grams described in section 3406 for distribution

3 of assistance under this part within the State;

4 and

5 ‘‘(B) for approval of applications by the

6 State educational agency, including appropriate

7 procedures to assure that such agency will not

8 disapprove an application without notice and

9 opportunity for a hearing.

10 ‘‘(c) STATE ADMINISTRATION.—Not more than 5 per11 cent of the funds allotted to each State educational agency

12 under this part shall be used for the administrative costs

13 of such agency associated with carrying out the program

14 assisted under this part.

15 ‘‘SEC. 3406. LOCAL APPLICATION.

16 ‘‘(a) APPLICATION.—A local educational agency that

17 desires to receive a grant under this part shall submit an

18 application to the State educational agency. Each such ap19 plication shall contain assurances that each school served

20 by the local educational agency shall be eligible for assist21 ance under this part only once.

22 ‘‘(b) CONTENTS OF APPLICATION.—Each application

23 described in subsection (a) shall—

24 ‘‘(1) describe how the local educational agency

25 plans to set priorities on the use and distribution
822

•S 1513 RS

1 among schools of grant funds received under this part

2 to meet the purpose of this part;

3 ‘‘(2) include assurances that the local edu4 cational agency has made every effort to match on a

5 dollar-for-dollar basis from private or public sources

6 the funds received under this part, except that no such

7 application shall be penalized or denied assistance

8 under this part based on failure to provide such

9 matching funds;

10 ‘‘(3) describe, if applicable, how funds under this

11 part will be coordinated with State, local, and other

12 Federal resources, especially with respect to programs

13 for the professional development and inservice train14 ing of elementary school teachers in science and math15 ematics; and

16 ‘‘(4) describe the process which will be used to

17 determine different levels of assistance to be awarded

18 to schools with different needs.

19 ‘‘(c) PRIORITY.—In awarding grants under this part,

20 the State educational agency shall give priority to applica21 tions that—

22 ‘‘(1) assign highest priority to providing assist23 ance to schools which—

24 ‘‘(A) are most seriously underequipped; or
823

•S 1513 RS

1 ‘‘(B) serve large numbers or percentages of

2 economically disadvantaged students;

3 ‘‘(2) are attentive to the needs of

4 underrepresented groups in science and mathematics;

5 ‘‘(3) demonstrate how science and mathematics

6 equipment will be part of a comprehensive plan of

7 curriculum planning or implementation and teacher

8 training supporting hands-on laboratory activities;

9 and

10 ‘‘(4) assign priority to providing equipment and

11 materials for students in grades 1 through 6.

12 ‘‘SEC. 3407. PROGRAM REQUIREMENTS.

13 ‘‘(a) COORDINATION.—Each State educational agency

14 receiving an allotment under this part shall—

15 ‘‘(1) disseminate information to school districts

16 and schools, including private nonprofit elementary

17 schools, regarding the program assisted under this

18 part;

19 ‘‘(2) evaluate applications of local educational

20 agencies;

21 ‘‘(3) award grants to local educational agencies

22 based on the priorities described in section 3406(c);

23 and
824

•S 1513 RS

1 ‘‘(4) evaluate local educational agencies’ end-of2 year summaries and submit such evaluation to the

3 Secretary.

4 ‘‘(b) LIMITATIONS ON USE OF FUNDS.—

5 ‘‘(1) IN GENERAL.—Except as provided in para6 graph (2), grant funds and matching funds under

7 this part only shall be used to purchase science equip8 ment, science materials, or mathematical manipula9 tive materials and shall not be used for computers,

10 computer peripherals, software, textbooks, or staff de11 velopment costs.

12 ‘‘(2) CAPITAL IMPROVEMENTS.—Grant funds

13 under this part may not be used for capital improve14 ments. Not more than 50 percent of any matching

15 funds provided by the local educational agency may

16 be used for capital improvements of classroom science

17 facilities to support the hands-on instruction that this

18 part is intended to support, such as the installation

19 of electrical outlets, plumbing, lab tables or counters,

20 or ventilation mechanisms.

21 ‘‘SEC. 3408. FEDERAL ADMINISTRATION.

22 ‘‘(a) TECHNICAL ASSISTANCE AND EVALUATION PRO23 CEDURES.—The Secretary shall provide technical assist24 ance and, in consultation with State and local representa25 tives of the program assisted under this part, shall develop
825

•S 1513 RS

1 procedures for State and local evaluations of the programs

2 assisted under this part.

3 ‘‘(b) REPORT.—The Secretary shall report to the Con4 gress each year on the program assisted under this part in

5 accordance with section 10701.

6 ‘‘SEC. 3409. AUTHORIZATION OF APPROPRIATIONS.

7 ‘‘There are authorized to be appropriated $30,000,000

8 for fiscal year 1995, and such sums as may be necessary

9 for each of the 4 succeeding fiscal years, to carry out this

10 part.

11 ‘‘PART E—ELEMENTARY AND SECONDARY

12 SCHOOL LIBRARY MEDIA RESOURCES PROGRAM

13 ‘‘SEC. 3501. PROGRAM AUTHORIZED.

14 ‘‘The Secretary shall award grants or make allocations

15 for the acquisition of school library media resources for the

16 use of students, library media specialists, and teachers in

17 elementary and secondary schools in accordance with this

18 part.

19 ‘‘SEC. 3502. FUNDING REQUIREMENTS.

20 ‘‘(a) IN GENERAL.—From the amount appropriated to

21 carry out part A in each fiscal year, the Secretary shall

22 make available at least 10 percent but not more than 20

23 percent of such amount to make awards in accordance with

24 subsection (b) to States having a plan approved under sec25 tion 3503.
826

•S 1513 RS

1 ‘‘(b) SPECIAL RULE.—

2 ‘‘(1) AMOUNTS BELOW $50,000,000.—If the

3 amount made available under subsection (a) for a fis4 cal year is less than $50,000,000, then the Secretary

5 shall award grants to States, on a competitive basis,

6 taking into account such factors as age and condition

7 of existing school library media collections and the

8 relative economic need of the students to be served.

9 ‘‘(2) AMOUNTS EQUAL TO OR EXCEEDING

10 $50,000,000.—If the amount made available under sub11 section (a) for a fiscal year equals or exceeds

12 $50,000,000, then the Secretary shall allocate to each

13 State an amount which bears the same relationship to

14 such amount as the amount such State received under

15 title II for such year bears to the amount all States

16 received under such title for such year.

17 ‘‘SEC. 3503. STATE PLANS.

18 ‘‘In order for a State to receive a grant or an alloca19 tion of funds under this part for any fiscal year, such State

20 shall have in effect for such fiscal year a State plan. Such

21 plan shall—

22 ‘‘(1) designate the State educational agency as

23 the State agency responsible for the administration of

24 the program assisted under this part;
827

•S 1513 RS

1 ‘‘(2) set forth a program under which funds paid

2 to the State in accordance with section 3502 will be

3 expended solely for—

4 ‘‘(A) acquisition of school library media re5 sources, including books and foreign language re6 sources, for the use of students, school library

7 media specialists, and teachers in elementary

8 and secondary schools in the United States; and

9 ‘‘(B) administration of the State plan, in10 cluding development and revision of standards,

11 relating to school library media resources, except

12 that the amount used for administration of the

13 State plan in any fiscal year shall not exceed 3

14 percent of the amount available to such State

15 under section 3502 for such fiscal year; and

16 ‘‘(3) set forth criteria to be used in allotting

17 funds for school library media resources among the

18 local educational agencies of the State, which allot19 ment shall take into consideration the relative need of

20 the students, school media specialists, and teachers to

21 be served.

22 ‘‘SEC. 3504. DISTRIBUTION OF ALLOCATION TO LOCAL EDU23 CATIONAL AGENCIES.

24 ‘‘From the funds made available under section 3502

25 to a State in each fiscal year, such State shall distribute
828

•S 1513 RS

1 not less than 97 percent of such funds for such year to local

2 educational agencies within such State on the same basis

3 as allocations are made available to States under section

4 2122.

5 ‘‘PART F—BUDDY SYSTEM COMPUTER

6 EDUCATION

7 ‘‘SEC. 3601. SHORT TITLE.

8 ‘‘This part may be cited as the ‘Buddy System Com9 puter Education Act’.

10 ‘‘SEC. 3602. PURPOSE.

11 ‘‘It is the purpose of this part to award demonstration

12 grants to develop and expand public-private partnership

13 programs which extend the learning experience, via comput14 ers, beyond the classroom environment in order to—

15 ‘‘(1) enhance learning by providing students

16 with the technological tools and guidance necessary to

17 develop skills critical to educational growth and suc18 cess in the workplace, including—

19 ‘‘(A) mastery of fundamental computer

20 technology and applications;

21 ‘‘(B) improved written and visual commu22 nication skills;

23 ‘‘(C) improved critical thinking and prob24 lem solving abilities; and
829

•S 1513 RS

1 ‘‘(D) improved ability to work in a collabo2 rative, teamwork-driven environment;

3 ‘‘(2) encourage parental involvement in edu4 cation and total family use and understanding of

5 computers and telecommunications through at-home

6 applications; and

7 ‘‘(3) establish foundations for lifelong learning

8 through improvement in education skills and student

9 motivation and attitudes.

10 ‘‘SEC. 3603. GRANT AUTHORIZATION.

11 ‘‘(a) GRANT PROGRAM.—

12 ‘‘(1) IN GENERAL.—The Secretary shall conduct

13 a program of awarding a grant to each of 3 States

14 to enable such States to create a computer-based edu15 cation project for children in grades 4 through 6 in

16 accordance with the requirements of section 3604.

17 ‘‘(2) AWARD BASIS.—The Secretary shall award

18 grants under this part on a competitive basis.

19 ‘‘(3) PREFERENCE.—In awarding grants under

20 this part, the Secretary shall give preference to appli21 cations—

22 ‘‘(A) from States that have a demonstrated

23 ability or commitment to computer-based tech24 nology education; and
830

•S 1513 RS

1 ‘‘(B) describing projects that serve school

2 districts which serve a large number or percent3 age of economically disadvantaged students.

4 ‘‘(b) SITE SELECTION AND PROJECT IMPLEMENTA5 TION.—Site selection and implementation of the computer6 based education projects assisted under this part shall take

7 place not later than 9 months after funds are appropriated

8 to carry out this part pursuant to the authority of section

9 3608.

10 ‘‘SEC. 3604. PROGRAM REQUIREMENTS.

11 ‘‘Each State receiving a grant to conduct a computer12 based education project under this part shall—

13 ‘‘(1) provide a continuous 3-year computer-based

14 education project to 2 consecutive groups of 4th, 5th,

15 and 6th grade elementary school students during the

16 period commencing with each such group’s entry into

17 4th grade and ending the summer following each such

18 group’s completion of 6th grade;

19 ‘‘(2) ensure that each student in each of the

20 classes participating in the project shall participate

21 in the project;

22 ‘‘(3) conduct such project in not more than 7

23 public elementary schools within the State; and

24 ‘‘(4) ensure that each student participating in

25 the project shall have access to a computer—
831

•S 1513 RS

1 ‘‘(A) at school during the school year; and

2 ‘‘(B) at home during the school year and

3 summer.

4 ‘‘SEC. 3605. APPLICATIONS.

5 ‘‘(a) APPLICATION REQUIRED.—In order to receive a

6 grant under this part, the State educational agency shall

7 submit an application to the Secretary in such form and

8 containing such information as the Secretary may reason9 ably require. Such application shall include an assurance

10 from the State educational agency that the State edu11 cational agency has made every effort to match on a dollar12 for-dollar basis from private or public sources the funds re13 ceived under this part, except that no such application shall

14 be penalized or denied assistance under this part on the

15 basis of the failure to provide such matching funds.

16 ‘‘(b) APPLICATION PERIOD.—States shall be eligible to

17 submit applications for assistance under this part during

18 a 3-month period determined by the Secretary.

19 ‘‘SEC. 3606. USE OF FUNDS.

20 ‘‘Grant funds under this part shall be used to provide

21 hardware and software components to all sites, and train22 ing for classroom teachers as well as parents, administra23 tors and technical personnel.
832

•S 1513 RS

1 ‘‘SEC. 3607. EVALUATION.

2 ‘‘The Secretary shall evaluate the demonstration pro3 gram assisted under this part and shall report to the Con4 gress regarding the overall effectiveness of such program.

5 ‘‘SEC. 3608. AUTHORIZATION OF APPROPRIATIONS.

6 ‘‘There are authorized to be appropriated $5,000,000

7 for fiscal year 1995, and such sums as may be necessary

8 for each of the 4 succeeding fiscal years, to carry out this

9 part.

10 ‘‘TITLE IV—MAGNET SCHOOLS

11 ASSISTANCE

12 ‘‘SEC. 4101. FINDINGS.

13 ‘‘The Congress finds that—

14 ‘‘(1) magnet schools are a significant part of our

15 Nation’s effort to achieve voluntary desegregation in

16 our Nation’s schools;

17 ‘‘(2) the use of magnet schools has increased dra18 matically since the date of enactment of the Magnet

19 Schools Assistance program, with approximately

20 1,400,000 students nationwide now attending such

21 schools, of which more than 60 percent of the students

22 are nonwhite;

23 ‘‘(3) magnet schools offer a wide range of distinc24 tive programs that have served as models for school

25 improvement efforts;
833

•S 1513 RS

1 ‘‘(4) in administering the Magnet Schools Assist2 ance program, the Federal Government has learned

3 that—

4 ‘‘(A) where magnet programs are imple5 mented for only a portion of a school’s student

6 body, special efforts must be made to discourage

7 the isolation of—

8 ‘‘(i) magnet students from other stu9 dents in the school; and

10 ‘‘(ii) students by racial characteristics;

11 ‘‘(B) school districts can maximize their ef12 fectiveness in achieving the purposes of the Mag13 net Schools Assistance program if such districts

14 have more flexibility in the administration of

15 such program in order to serve students attend16 ing a school who are not enrolled in the magnet

17 school program;

18 ‘‘(C) school districts must be creative in de19 signing magnet schools for students at all aca20 demic levels, so that school districts do not skim

21 off only the highest achieving students to attend

22 the magnet schools;

23 ‘‘(D) consistent with desegregation guide24 lines, school districts must seek to enable partici25 pation in magnet school programs by students
834

•S 1513 RS

1 who reside in the neighborhoods where the pro2 grams operate; and

3 ‘‘(E) in order to ensure that magnet schools

4 are sustained after Federal funding ends, the

5 Federal Government must assist school districts

6 to improve their capacity to continue to operate

7 magnet schools at a high level of performance;

8 ‘‘(5) it is in the best interest of the Federal Gov9 ernment to—

10 ‘‘(A) continue the Federal Government’s

11 support of school districts implementing court12 ordered desegregation plans and school districts

13 seeking to foster meaningful interaction among

14 students of different racial and ethnic back15 grounds, beginning at the earliest stage of such

16 students’ education;

17 ‘‘(B) ensure that all students have equitable

18 access to quality education that will prepare

19 such students to function well in a culturally di20 verse, technologically oriented, and highly com21 petitive, global community; and

22 ‘‘(C) maximize the ability of school districts

23 to plan, develop, implement and continue effec24 tive and innovative magnet schools that contrib25 ute to State and local systemic reform.
835

•S 1513 RS

1 ‘‘SEC. 4102. STATEMENT OF PURPOSE.

2 ‘‘The purpose of this title is to assist in the desegrega3 tion of school districts by providing financial assistance to

4 eligible local educational agencies for—

5 ‘‘(1) the elimination, reduction, or prevention of

6 minority group isolation in elementary and second7 ary schools with substantial proportions of minority

8 students;

9 ‘‘(2) the development and implementation of

10 magnet school projects that will assist local edu11 cational agencies in achieving systemic reforms and

12 providing all students the opportunity to meet chal13 lenging State content standards and challenging State

14 student performance standards;

15 ‘‘(3) the development and design of innovative

16 educational methods and practices; and

17 ‘‘(4) courses of instruction within magnet schools

18 that will substantially strengthen the knowledge of

19 academic subjects and the grasp of tangible and mar20 ketable vocational skills of students attending such

21 schools.

22 ‘‘SEC. 4103. PROGRAM AUTHORIZED.

23 ‘‘The Secretary, in accordance with this title, is au24 thorized to make grants to local educational agencies, and

25 consortia of such agencies where appropriate, to carry out

26 the purpose of this title for magnet schools that are—
836

•S 1513 RS

1 ‘‘(1) part of an approved desegregation plan;

2 and

3 ‘‘(2) designed to bring students from different so4 cial, economic, ethnic, and racial backgrounds to5 gether.

6 ‘‘SEC. 4104. DEFINITION.

7 ‘‘For the purpose of this title, the term ‘magnet school’

8 means a public school or public education center that offers

9 a special curriculum capable of attracting substantial num10 bers of students of different racial backgrounds.

11 ‘‘SEC. 4105. ELIGIBILITY.

12 ‘‘A local educational agency, or consortium of such

13 agencies where appropriate, is eligible to receive assistance

14 under this title to carry out the purposes of this title if

15 such agency or consortium—

16 ‘‘(1) is implementing a plan undertaken pursu17 ant to a final order issued by a court of the United

18 States, or a court of any State, or any other State

19 agency or official of competent jurisdiction, and that

20 requires the desegregation of minority-group-seg21 regated children or faculty in the elementary and sec22 ondary schools of such agency; or

23 ‘‘(2) without having been required to do so, has

24 adopted and is implementing, or will, if assistance is

25 made available to such local educational agency or
837

•S 1513 RS

1 consortium of such agencies under this part, adopt

2 and implement a plan that has been approved by the

3 Secretary as adequate under title VI of the Civil

4 Rights Act of 1964 for the desegregation of minority5 group-segregated children or faculty in such schools.

6 ‘‘SEC. 4106. APPLICATIONS AND REQUIREMENTS.

7 ‘‘(a) APPLICATIONS.—An eligible local educational

8 agency or consortium of such agencies desiring to receive

9 assistance under this title shall submit an application to

10 the Secretary at such time, in such manner, and containing

11 such information and assurances as the Secretary may re12 quire.

13 ‘‘(b) INFORMATION AND ASSURANCES.—Each such ap14 plication shall include—

15 ‘‘(1) a description of—

16 ‘‘(A) how assistance made available under

17 this title will be used to promote desegregation,

18 including how the proposed magnet school project

19 will increase interaction among students of dif20 ferent social, economic, ethnic, and racial back21 grounds;

22 ‘‘(B) the manner and extent to which the

23 magnet school project seeks to increase student

24 achievement in the instructional area or areas

25 offered by the school;
838

•S 1513 RS

1 ‘‘(C) how an applicant will continue the

2 magnet school project after assistance under this

3 title may no longer be available, including, if

4 applicable, an explanation of why magnet

5 schools established or supported by the applicant

6 with funds under this title cannot be continued

7 without the use of funds under this part;

8 ‘‘(D) how funds under this title will be used

9 to implement services and activities that are con10 sistent with—

11 ‘‘(i) the State plan described in section

12 1111; and

13 ‘‘(ii) the local educational agency’s

14 plan described in section 1112; and

15 ‘‘(E) the criteria to be used in selecting stu16 dents to attend the proposed magnet school

17 projects; and

18 ‘‘(2) assurances that the applicant will—

19 ‘‘(A) use funds under this title for the pur20 poses specified in section 4102;

21 ‘‘(B) employ State certified or licensed

22 teachers in the courses of instruction assisted

23 under this title to teach or supervise others who

24 are teaching the subject matter of the courses of

25 instruction;
839

•S 1513 RS

1 ‘‘(C) not engage in discrimination based on

2 race, religion, color, national origin, sex, or dis3 ability in—

4 ‘‘(i) the hiring, promotion, or assign5 ment of employees of the agency or other

6 personnel for whom the agency has any ad7 ministrative responsibility;

8 ‘‘(ii) the assignment of students to

9 schools, or to courses of instruction within

10 the school, of such agency, except to carry

11 out the approved plan; and

12 ‘‘(iii) designing or operating extra13 curricular activities for students;

14 ‘‘(D) carry out a high-quality education

15 program that will encourage greater parental de16 cisionmaking and involvement; and

17 ‘‘(E) give students residing in the local at18 tendance area of the proposed magnet school

19 projects equitable consideration for places in

20 those projects.

21 ‘‘(c) SPECIAL RULE.—No application may be ap22 proved under this section unless the Assistant Secretary of

23 Education for Civil Rights determines that the assurances

24 described in subsection (b)(2)(C) will be met.
840

•S 1513 RS

1 ‘‘SEC. 4107. PRIORITY.

2 ‘‘In approving applications under this title, the Sec3 retary shall give priority to applicants that—

4 ‘‘(1) demonstrate the greatest need for assistance,

5 based on the expense or difficulty of effectively carry6 ing out an approved desegregation plan and the

7 projects for which assistance is sought;

8 ‘‘(2) propose to carry out new magnet school

9 projects, or significantly revise existing magnet school

10 projects, which include revisions to enable a magnet

11 school to implement effective educational approaches

12 that are consistent with the State’s and the local edu13 cational agency’s State or local improvement plans, if

14 any;

15 ‘‘(3) propose to select students to attend magnet

16 school projects on the basis of multiple criteria which

17 may include a lottery, rather than solely academic ex18 amination; and

19 ‘‘(4) propose to draw on comprehensive commu20 nity involvement plans.

21 ‘‘SEC. 4108. USE OF FUNDS.

22 ‘‘(a) IN GENERAL.—Grant funds made available under

23 this title may be used by an eligible local educational agen24 cy or consortium of such agencies—

25 ‘‘(1) for planning and promotional activities di26 rectly related to the development, expansion, continu-
841

•S 1513 RS

1 ation, or enhancement of academic programs and

2 services offered at magnet schools;

3 ‘‘(2) for the acquisition of books, materials, and

4 equipment, including computers and the maintenance

5 and operation thereof, necessary for the conduct of

6 programs in magnet schools;

7 ‘‘(3) for the payment of, or subsidization of the

8 compensation of, elementary and secondary school

9 teachers who are certified or licensed by the State,

10 and instructional staff, where applicable, and who are

11 necessary for the conduct of programs in magnet

12 schools; and

13 ‘‘(4) with respect to a magnet school program of14 fered to less than the entire student population of a

15 school, for instructional activities that—

16 ‘‘(A) are designed to make available the spe17 cial curriculum that is offered by the magnet

18 school project to students who are enrolled in the

19 school but who are not enrolled in the magnet

20 school program; and

21 ‘‘(B) further the purposes of this title.

22 ‘‘(b) SPECIAL RULE.—Grant funds under this title

23 may be used in accordance with paragraphs (2) and (3)

24 of subsection (a), only if the activities described in such

25 paragraphs are directly related to improving the students’
842

•S 1513 RS

1 reading skills or knowledge of mathematics, science, history,

2 geography, English, foreign languages, art, or music, or to

3 improving vocational skills.

4 ‘‘SEC. 4109. PROHIBITIONS.

5 ‘‘Grants under this title may not be used for transpor6 tation, or for any activity that does not augment academic

7 improvement.

8 ‘‘SEC. 4110. LIMITATION ON PAYMENTS.

9 ‘‘(a) DURATION OF AWARDS.—A grant under this title

10 shall be awarded for a period that shall not exceed four fis11 cal years.

12 ‘‘(b) LIMITATION ON PLANNING FUNDS.—

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

14 may expend for planning not more than 50 percent

15 of the funds received under this title for the first year

16 of the project, 25 percent of such funds for the second

17 such year, and 10 percent of such funds for the third

18 such year.

19 ‘‘(2) SPECIAL RULE.—A local educational agency

20 shall not expend funds under this title for planning

21 after the third year of a project assisted under this

22 title.

23 ‘‘(c) FEDERAL SHARE.—

24 ‘‘(1) IN GENERAL.—The Federal share of the cost

25 of any project assisted under this title shall not exceed
843

•S 1513 RS

1 100 percent for the first and second years of the

2 project, 90 percent for the third such year, and 70

3 percent for the fourth or any subsequent such year in4 cluding any year for which a grant is renewed pursu5 ant to a new grant competition under this title.

6 ‘‘(2) NON-FEDERAL SHARE.—The non-Federal

7 share of the cost of any project assisted under this

8 title may be in cash or in kind, including planned

9 equipment or services, fairly valued, and may include

10 other Federal education funds.

11 ‘‘(d) LIMITATION ON GRANTS.—No local educational

12 agency or consortium receiving a grant under this section

13 shall receive more than $4,000,000 under this part in any

14 one fiscal year.

15 ‘‘(e) AWARD REQUIREMENT.—To the extent prac16 ticable, for any fiscal year, the Secretary shall award grants

17 to local educational agencies or consortia under this title

18 not later than June 30 of the applicable fiscal year.

19 ‘‘SEC. 4111. INNOVATIVE PROGRAMS.

20 ‘‘(a) IN GENERAL.—From amounts reserved under sec21 tion 4112(d) for each fiscal year, the Secretary shall award

22 grants to local educational agencies described in section

23 4105 to enable such agencies to conduct innovative pro24 grams that—

25 ‘‘(1) carry out the purpose of this part; and
844

•S 1513 RS

1 ‘‘(2) involve strategies other than magnet schools,

2 such as neighborhood or community model schools—

3 ‘‘(A) organized around a special emphasis,

4 theme or concept; and

5 ‘‘(B) involving extensive parent and com6 munity involvement.

7 ‘‘(b) APPLICABILITY.—Sections 4103, 4106, 4107, and

8 4108, shall not apply to grants awarded under subsection

9 (a).

10 ‘‘(c) APPLICATIONS.—Each local educational agency

11 desiring a grant under this section shall submit an applica12 tion to the Secretary at such time, in such manner, and

13 containing such information and assurances as the Sec14 retary may require.

15 ‘‘SEC. 4112. AUTHORIZATION OF APPROPRIATIONS; RES16 ERVATION.

17 ‘‘(a) AUTHORIZATION.—For the purpose of carrying

18 out this title, there are authorized to be appropriated

19 $120,000,000 for fiscal year 1995 and such sums as may

20 be necessary for each of the 4 succeeding fiscal years.

21 ‘‘(b) AVAILABILITY OF FUNDS FOR GRANTS TO AGEN22 CIES NOT PREVIOUSLY ASSISTED.—In any fiscal year for

23 which the amount appropriated pursuant to subsection (a)

24 exceeds $75,000,000, the Secretary shall give priority to

25 using such amounts in excess of $75,000,000 to award
845

•S 1513 RS

1 grants to local educational agencies or consortia that did

2 not receive a grant under this part in the preceding fiscal

3 year.

4 ‘‘(c) EVALUATIONS.—

5 ‘‘(1) IN GENERAL.—The Secretary may reserve

6 not more than two percent of the funds appropriated

7 under subsection (a) for any fiscal year to carry out

8 evaluations of projects assisted under this part.

9 ‘‘(2) CONTENTS.—Each evaluation described in

10 paragraph (1), at a minimum, shall address—

11 ‘‘(A) how and the extent to which magnet

12 school programs lead to educational quality and

13 improvement;

14 ‘‘(B) the extent to which magnet school pro15 grams enhance student access to quality edu16 cation;

17 ‘‘(C) the extent to which magnet school pro18 grams lead to the elimination, reduction, or pre19 vention of minority group isolation in elemen20 tary and secondary schools with substantial pro21 portions of minority students; and

22 ‘‘(D) the extent to which magnet school pro23 grams differ from other school programs in terms

24 of the organizational characteristics and resource

25 allocations of such magnet school programs.
846

•S 1513 RS

1 ‘‘(d) INNOVATIVE PROGRAMS.—The Secretary shall re2 serve not more than 5 percent of the funds appropriated

3 under subsection (a) for each fiscal year to award grants

4 under section 4111.

5 ‘‘TITLE V—BETTER SCHOOLS

6 FOR AMERICA

7 ‘‘PART A—SAFE AND DRUG-FREE SCHOOLS AND

8 COMMUNITIES

9 ‘‘SEC. 5101. FINDINGS.

10 ‘‘The Congress finds as follows:

11 ‘‘(1) The seventh National Education Goal pro12 vides that by the year 2000, all schools in America

13 will be free of drugs and violence and the unauthor14 ized presence of firearms and alcohol, and offer a dis15 ciplined environment that is conducive to learning.

16 ‘‘(2) The widespread use of alcohol and other

17 drugs among the Nation’s secondary school students,

18 and increasingly by students in elementary schools as

19 well, constitutes a grave threat to the physical and

20 mental well-being of such students, and significantly

21 impedes the learning process. For example, data show

22 that students who drink tend to receive lower grades

23 and are more likely to miss school because of illness

24 than students who do not drink.
847

•S 1513 RS

1 ‘‘(3) Our Nation’s schools and communities are

2 increasingly plagued by violence and crime. Approxi3 mately 3,000,000 thefts and violent crimes occur in or

4 near our Nation’s schools every year, the equivalent of

5 more than 16,000 incidents per school day.

6 ‘‘(4) Violence that is linked to prejudice and in7 tolerance victimizes entire communities leading to

8 more violence and discrimination.

9 ‘‘(5) Violence and drug abuse have numerous

10 personal and societal roots, and character education

11 is an important component of any comprehensive

12 strategy to address the serious problems of violence

13 and drug abuse.

14 ‘‘(6) The tragic consequences of violence and the

15 illegal use of alcohol and other drugs by students are

16 felt not only by students and their families, but by

17 such students’ communities and the Nation, which

18 can ill afford to lose such students’ skills, talents, and

19 vitality.

20 ‘‘(7) Alcohol and tobacco are the most widely

21 used drugs among young people. Both of these drugs

22 can, and do, have adverse consequences for users, their

23 families, communities, schools, and colleges. Drug pre24 vention programs for youth that address only con25 trolled drugs send an erroneous message that alcohol
848

•S 1513 RS

1 and tobacco do not present significant problems, or

2 that society is willing to overlook their use. To be

3 credible, messages opposing illegal drug use by youth

4 should address all drugs.

5 ‘‘(8) Every day approximately 3,000 children

6 start smoking. Thirty percent of all secondary school

7 seniors are smokers. Half of all new smokers begin

8 smoking before the age of 14, 90 percent of such smok9 ers begin before the age of 21, and the average age of

10 the first use of smokeless tobacco is under the age of

11 10. Use of tobacco products has been linked to serious

12 health problems. However, because the nicotine in to13 bacco is addictive, many tobacco users find it difficult

14 to stop using tobacco once such users have started.

15 Drug education and prevention programs that include

16 tobacco have been effective in reducing teenage use of

17 tobacco.

18 ‘‘(9) Drug and violence prevention programs are

19 essential components of a comprehensive strategy to

20 promote school safety and to reduce the demand for

21 and use of drugs throughout the Nation. Schools and

22 local organizations in communities throughout the

23 Nation have a special responsibility to work together

24 to combat the growing epidemic of violence and illegal
849

•S 1513 RS

1 drug use and should measure the success of their pro2 grams against clearly defined goals and objectives.

3 ‘‘(10) Students must take greater responsibility

4 for their own well-being, health, and safety if schools

5 and communities are to achieve the goals of providing

6 a safe, disciplined, and drug-free learning environ7 ment.

8 ‘‘SEC. 5102. PURPOSE.

9 ‘‘The purpose of this title is to support programs to

10 meet the seventh National Educational Goal by preventing

11 violence in and around schools and by strengthening pro12 grams that prevent the illegal use of alcohol, tobacco, and

13 other drugs, involve parents, and are coordinated with re14 lated Federal, State, and community efforts and resources,

15 through the provision of Federal assistance to—

16 ‘‘(1) States for grants to local and intermediate

17 educational agencies and consortia to establish, oper18 ate, and improve local programs of school drug and

19 violence prevention, early intervention, rehabilitation

20 referral, and education in elementary and secondary

21 schools (including intermediate and junior high

22 schools);

23 ‘‘(2) States for grants to, and contracts with,

24 community-based organizations and other public and

25 private nonprofit agencies and organizations for pro-
850

•S 1513 RS

1 grams of drug and violence prevention, early inter2 vention, rehabilitation referral, and education for

3 school dropouts and other high-risk youth;

4 ‘‘(3) States for development, training, technical

5 assistance, and coordination activities;

6 ‘‘(4) institutions of higher education to establish,

7 operate, expand, and improve programs of school

8 drug and violence prevention, education, and reha9 bilitation referral for students enrolled in colleges and

10 universities; and

11 ‘‘(5) public and private nonprofit organizations

12 to conduct training, demonstrations, research, and

13 evaluation, and to provide supplementary services for

14 the prevention of drug use and violence among stu15 dents and youth.

16 ‘‘SEC. 5103. AUTHORIZATION OF APPROPRIATIONS.

17 ‘‘There are authorized to be appropriated $660,000,000

18 for fiscal year 1995, and such sums as may be necessary

19 for each of the 4 succeeding fiscal years, to carry out this

20 part, of which not more than 10 percent shall be available

21 in each fiscal year to carry out subpart 2.
851

•S 1513 RS

1 ‘‘Subpart 1—State Grants for Drug and Violence

2 Prevention Programs

3 ‘‘SEC. 5111. RESERVATIONS AND ALLOTMENTS.

4 ‘‘(a) RESERVATIONS.—From the amount made avail5 able to carry out this subpart for each fiscal year under

6 section 5103, the Secretary—

7 ‘‘(1) shall reserve 1 percent of such amount for

8 grants under this subpart to Guam, American

9 Samoa, the Virgin Islands, the Commonwealth of the

10 Northern Mariana Islands, the Republic of the Mar11 shall Islands, the Federated States of Micronesia, and

12 Palau, to be allotted in accordance with the Sec13 retary’s determination of their respective needs;

14 ‘‘(2) shall reserve 1 percent of such amount for

15 the Secretary of the Interior to carry out programs

16 under this part for Indian youth;

17 ‘‘(3) shall reserve 0.2 percent of such amount for

18 programs for Native Hawaiians under section 5119;

19 and

20 ‘‘(4) may reserve not more than $1,000,000 for

21 the national impact evaluation required by section

22 5118(a).

23 ‘‘(b) STATE ALLOTMENTS.—

24 ‘‘(1) IN GENERAL.—Except as provided in para25 graph (2), the Secretary shall, for each fiscal year, al26 locate among the States—
852

•S 1513 RS

1 ‘‘(A) one-half of the remainder not reserved

2 under subsection (a) according to the ratio be3 tween the school-aged population of each State

4 and the school-aged population of all the States;

5 and

6 ‘‘(B) one-half of such remainder according

7 to the ratio between the amount each State re8 ceived under section 1122 for the preceding year

9 (or, for fiscal year 1995 only, sections 1005 and

10 1006 of this Act as such sections were in exist11 ence on the day preceding the date of enactment

12 of the Improving America’s Schools Act of 1994)

13 and the sum of such amounts received by all the

14 States.

15 ‘‘(2) MINIMUM.—For any fiscal year, no State

16 shall be allotted under this subsection an amount that

17 is less than one-half of 1 percent of the total amount

18 allotted to all the States under this subsection.

19 ‘‘(3) REALLOTMENT.—The Secretary may reallot

20 any amount of any allotment to a State if the Sec21 retary determines that the State will be unable to use

22 such amount within two years of such allotment.

23 Such reallotments may be made by the Secretary in

24 the same manner as allotments are made under para25 graph (1).
853

•S 1513 RS

1 ‘‘(4) DEFINITION.—For the purpose of this sub2 section, the term ‘State’ means each of the 50 States,

3 the District of Columbia, and the Commonwealth of

4 Puerto Rico.

5 ‘‘SEC. 5112. STATE APPLICATIONS.

6 ‘‘(a) IN GENERAL.—In order to receive an allotment

7 under section 5111 for any fiscal year, a State shall submit

8 to the Secretary, at such time as the Secretary may require,

9 an application that—

10 ‘‘(1) contains the results of the State’s needs as11 sessment for drug and violence prevention programs,

12 which shall be based on the results of on-going State

13 evaluation activities, including data on the prevalence

14 of drug use and violence by youth in schools and com15 munities;

16 ‘‘(2) contains assurances that the application

17 was developed in consultation and coordination with

18 appropriate State officials and others, including the

19 chief State school officer, the head of the State alcohol

20 and drug abuse agency, the heads of the State health

21 and mental health agencies, the head of the State

22 criminal justice planning agency, the head of the

23 State child welfare agency, the head of the State

24 board of education, or their designees, and representa-
854

•S 1513 RS

1 tives of parents, students, and community-based orga2 nizations; and

3 ‘‘(3) contains a description of the procedures the

4 State educational agency will use to review applica5 tions from local educational agencies under section

6 5115.

7 ‘‘(b) STATE EDUCATIONAL AGENCY FUNDS.—A State’s

8 application under this section shall also contain a com9 prehensive plan for the use of funds under section 5113(a)

10 by the State educational agency that includes—

11 ‘‘(1) a statement of the State educational agen12 cy’s measurable goals and objectives for drug and

13 violence prevention and a description of the proce14 dures such agency will use for assessing and publicly

15 reporting progress toward meeting those goals and ob16 jectives;

17 ‘‘(2) a plan for monitoring the implementation

18 of, and providing technical assistance regarding, the

19 drug and violence prevention programs conducted by

20 local educational agencies in accordance with section

21 5116;

22 ‘‘(3) a description of how the State educational

23 agency will use funds such agency reserves under sec24 tion 5113(b);
855

•S 1513 RS

1 ‘‘(4) a description of how the State educational

2 agency will coordinate such agency’s activities under

3 this subpart with the chief executive officer’s drug and

4 violence prevention programs under this subpart and

5 with the prevention efforts of other State agencies;

6 and

7 ‘‘(5) an explanation of the criteria the State edu8 cational agency will use to identify which local edu9 cational agencies receive supplemental funds under

10 section 5113(d)(2)(A)(ii) and how the supplemental

11 funds will be allocated among those local educational

12 agencies.

13 ‘‘(c) GOVERNOR’S FUNDS.—A State’s application

14 under this section shall also contain a comprehensive plan

15 for the use of funds under section 5114(a) by the chief execu16 tive officer that includes—

17 ‘‘(1) a statement of the chief executive officer’s

18 measurable goals and objectives for drug and violence

19 prevention and a description of the procedures to be

20 used for assessing and publicly reporting progress to21 ward meeting those goals and objectives;

22 ‘‘(2) a description of how the chief executive offi23 cer will coordinate such officer’s activities under this

24 part with the State educational agency and other
856

•S 1513 RS

1 State agencies and organizations involved with drug

2 and violence prevention efforts;

3 ‘‘(3) a description of how funds reserved under

4 section 5114(a) will be used so as not to duplicate the

5 efforts of the State educational agency and local edu6 cational agencies with regard to the provision of

7 school-based prevention efforts and services and how

8 those funds will be used to serve populations not nor9 mally served by the State educational agency, such as

10 school dropouts and youth in detention centers;

11 ‘‘(4) a description of how the chief executive offi12 cer will award funds under section 5114(a) and a

13 plan for monitoring the performance of, and provid14 ing technical assistance to, recipients of such funds;

15 and

16 ‘‘(5) a description of how funds will be used to

17 support community-wide comprehensive drug and

18 violence prevention planning.

19 ‘‘(d) PEER REVIEW.—The Secretary shall use a peer

20 review process in reviewing State applications under this

21 section.

22 ‘‘(e) INTERIM APPLICATION.—Notwithstanding any

23 other provisions of this section, a State may submit for fis24 cal year 1995 a one-year interim application and plan for

25 the use of funds under this subpart that are consistent with
857

•S 1513 RS

1 the requirements of this section and contain such informa2 tion as the Secretary may specify in regulations. The pur3 pose of such interim application and plan shall be to afford

4 the State the opportunity to fully develop and review such

5 State’s application and comprehensive plan otherwise re6 quired by this section. A State may not receive a grant

7 under this subpart for a fiscal year subsequent to fiscal year

8 1995 unless the Secretary has approved such State’s appli9 cation and comprehensive plan in accordance with this sub10 part.

11 ‘‘SEC. 5113. STATE AND LOCAL EDUCATIONAL AGENCY PRO12 GRAMS.

13 ‘‘(a) USE OF FUNDS.—An amount equal to 80 percent

14 of the total amount allocated to a State under section 5111

15 for each fiscal year shall be used by the State educational

16 agency and its local educational agencies for drug and vio17 lence prevention activities in accordance with this section.

18 ‘‘(b) STATE LEVEL PROGRAMS.—

19 ‘‘(1) IN GENERAL.—A State educational agency

20 shall use not more than 5 percent of the amount

21 available under subsection (a) for activities such as—

22 ‘‘(A) training and technical assistance con23 cerning drug and violence prevention for local

24 and intermediate educational agencies, including

25 teachers, administrators, coaches and athletic di-
858

•S 1513 RS

1 rectors, other staff, parents, students, community

2 leaders, health service providers, local law en3 forcement officials, and judicial officials;

4 ‘‘(B) the development, identification, dis5 semination and evaluation of the most readily

6 available, accurate, and up-to-date curriculum

7 materials, for consideration by local educational

8 agencies;

9 ‘‘(C) making available to local educational

10 agencies cost effective programs for youth vio11 lence and drug abuse prevention;

12 ‘‘(D) demonstration projects in drug and vi13 olence prevention;

14 ‘‘(E) training, technical assistance, and

15 demonstration projects to address violence associ16 ated with prejudice and intolerance;

17 ‘‘(F) financial assistance to enhance re18 sources available for drug and violence preven19 tion in areas serving large numbers of economi20 cally disadvantaged children or sparsely popu21 lated areas, or to meet other special needs con22 sistent with the purposes of this subpart; and

23 ‘‘(G) evaluation activities required by this

24 subpart.
859

•S 1513 RS

1 ‘‘(2) SPECIAL RULE.—A State educational agen2 cy may carry out activities under this subsection di3 rectly, or through grants or contracts.

4 ‘‘(c) STATE ADMINISTRATION.—A State educational

5 agency may use not more than 5 percent of the amount

6 made available under subsection (a) for the administrative

7 costs of carrying out such agency’s responsibilities under

8 this subpart.

9 ‘‘(d) LOCAL EDUCATIONAL AGENCY PROGRAMS.—

10 ‘‘(1) IN GENERAL.—A State educational agency

11 shall distribute not less than 90 percent of the amount

12 made available under subsection (a) for each fiscal

13 year to local educational agencies in accordance with

14 this subsection.

15 ‘‘(2) DISTRIBUTION.—(A) Of the amount distrib16 uted under subsection (d)(1), a State educational

17 agency shall distribute—

18 ‘‘(i) 70 percent of such amount to local edu19 cational agencies, based on the relative enroll20 ments in public and private nonprofit elemen21 tary and secondary schools within the bound22 aries of such agencies; and

23 ‘‘(ii) 30 percent of such amount to local

24 educational agencies that the State educational

25 agency determines have the greatest need for ad-
860

•S 1513 RS

1 ditional funds to carry out drug and violence

2 prevention programs authorized by this subpart.

3 ‘‘(B)(i) A State educational agency shall distrib4 ute funds under subparagraph (A)(ii) to not more

5 than 10 percent of the local educational agencies in

6 the State, or five such agencies, whichever is greater.

7 ‘‘(ii) In determining which local educational

8 agencies have the greatest need for additional funds,

9 the State educational agency shall consider factors

10 such as—

11 ‘‘(I) high rates of alcohol or other drug use

12 among youth;

13 ‘‘(II) high rates of victimization of youth by

14 violence and crime;

15 ‘‘(III) high rates of arrests and convictions

16 of youth for violent or drug- or alcohol-related

17 crime;

18 ‘‘(IV) the extent of illegal gang activity;

19 ‘‘(V) high incidence of violence associated

20 with prejudice and intolerance;

21 ‘‘(VI) high rates of referrals of youths to

22 drug and alcohol abuse treatment and rehabilita23 tion programs;

24 ‘‘(VII) high rates of referrals of youths to ju25 venile court;
861

•S 1513 RS

1 ‘‘(VIII) high rates of expulsions and suspen2 sions of students from schools; and

3 ‘‘(IX) high rates of reported cases of child

4 abuse and domestic violence.

5 ‘‘(e) REALLOCATION OF FUNDS.—If a local edu6 cational agency chooses not to apply to receive the amount

7 allocated to such agency under subsection (d), or if such

8 agency’s application under section 5115 is disapproved by

9 the State educational agency, the State educational agency

10 shall reallocate such amount to one or more of the local edu11 cational agencies determined by the State educational agen12 cy under subsection (d)(2)(B) to have the greatest need for

13 additional funds.

14 ‘‘SEC. 5114. GOVERNOR’S PROGRAMS.

15 ‘‘(a) USE OF FUNDS.—

16 ‘‘(1) IN GENERAL.—An amount equal to 20 per17 cent of the total amount allocated to a State under

18 section 5111 for each fiscal year shall be used by the

19 chief executive officer of such State for drug and vio20 lence prevention programs and activities in accord21 ance with this section.

22 ‘‘(2) ADMINISTRATIVE COSTS.—A chief executive

23 officer may use not more than 5 percent of the

24 amount reserved under subsection (a)(1) for the ad-
862

•S 1513 RS

1 ministrative costs incurred in carrying out the duties

2 of such officer under this section.

3 ‘‘(b) PROGRAMS AUTHORIZED.—

4 ‘‘(1) IN GENERAL.—A chief executive officer shall

5 use funds made available under subsection (a)(1) for

6 grants to or contracts with parent groups, community

7 action and job training agencies, community-based

8 organizations, and other public entities and private

9 nonprofit organizations and consortia thereof. In

10 making such grants and contracts, a chief executive

11 officer shall give priority to programs and activities

12 described in subsection (c) for—

13 ‘‘(A) children and youth who are not nor14 mally served by State or local educational agen15 cies; or

16 ‘‘(B) populations that need special services

17 or additional resources (such as preschoolers,

18 youth in juvenile detention facilities, runaway or

19 homeless children and youth, pregnant and

20 parenting teenagers, and school dropouts).

21 ‘‘(2) PEER REVIEW.—Grants or contracts award22 ed under this subsection shall be subject to a peer re23 view process.
863

•S 1513 RS

1 ‘‘(c) AUTHORIZED ACTIVITIES.—Grants and contracts

2 under subsection (b) shall be used for programs and activi3 ties such as—

4 ‘‘(1) disseminating information about drug and

5 violence prevention;

6 ‘‘(2) training parents, law enforcement officials,

7 judicial officials, social service providers, health serv8 ice providers and community leaders about drug and

9 violence prevention, comprehensive health education,

10 early intervention, pupil services, or rehabilitation re11 ferral;

12 ‘‘(3) developing and implementing comprehen13 sive, community-based drug and violence prevention

14 programs that link community resources with schools

15 and integrate services involving education, vocational

16 and job skills training and placement, law enforce17 ment, health, mental health, community service,

18 mentoring, and other appropriate services;

19 ‘‘(4) planning and implementing drug and vio20 lence prevention activities that coordinate the efforts

21 of State agencies with efforts of the State educational

22 agency and its local educational agencies;

23 ‘‘(5) activities to protect students traveling to

24 and from school;
864

•S 1513 RS

1 ‘‘(6) before-and-after school recreational, instruc2 tional, cultural, and artistic programs that encourage

3 drug- and violence-free lifestyles;

4 ‘‘(7) professional development workshops for

5 teachers and curricula that promote the awareness of

6 and sensitivity to alternatives to violence through

7 courses of study that include related issues of intoler8 ance and hatred in history;

9 ‘‘(8) developing and implementing activities to

10 prevent and reduce violence associated with prejudice

11 and intolerance;

12 ‘‘(9) developing and implementing strategies to

13 prevent illegal gang activity;

14 ‘‘(10) coordinating and conducting community15 wide violence and safety assessments and surveys;

16 ‘‘(11) age appropriate programs to prevent child

17 abuse;

18 ‘‘(12) activities such as community service and

19 service-learning projects; and

20 ‘‘(13) evaluating programs and activities as21 sisted under this section.

22 ‘‘SEC. 5115. LOCAL APPLICATIONS.

23 ‘‘(a) APPLICATION REQUIRED.—

24 ‘‘(1) IN GENERAL.—In order to be eligible to re25 ceive a distribution under section 5113(d) for any fis-
865

•S 1513 RS

1 cal year, a local educational agency shall submit, at

2 such time as the State educational agency requires,

3 an application to the State educational agency for

4 approval. Such an application shall be amended, as

5 necessary, to reflect changes in the local educational

6 agency’s program.

7 ‘‘(2) DEVELOPMENT.—(A) A local educational

8 agency shall develop its application under subsection

9 (a)(1) in consultation with a local or substate re10 gional advisory council that includes, to the extent

11 possible, representatives of local government, business,

12 parents, students, teachers, pupil services personnel,

13 appropriate State agencies, private schools, the medi14 cal profession, law enforcement, community-based or15 ganizations, and other groups with interest and ex16 pertise in drug and violence prevention.

17 ‘‘(B) In addition to assisting the local edu18 cational agency to develop an application under this

19 section, the advisory council established or designated

20 under paragraph (2)(A) shall, on an ongoing basis—

21 ‘‘(i) disseminate information about drug

22 and violence prevention programs, projects, and

23 activities conducted within the boundaries of the

24 local educational agency;
866

•S 1513 RS

1 ‘‘(ii) advise the local educational agency on

2 how best to coordinate such agency’s activities

3 under this subpart with other related programs,

4 projects, and activities and the agencies that ad5 minister such programs, projects, and activities;

6 and

7 ‘‘(iii) review program evaluations and other

8 relevant material and make recommendations to

9 the local educational agency on how to improve

10 such agency’s drug and violence prevention pro11 grams.

12 ‘‘(b) CONTENTS OF APPLICATIONS.—An application

13 under this section shall contain—

14 ‘‘(1) a description of the current alcohol, tobacco,

15 and other drug problems as well as the violence, safe16 ty, prejudice, and discipline problems among students

17 who attend the schools of the applicant (including

18 private school students who participate in the appli19 cant’s drug and violence prevention program);

20 ‘‘(2) a detailed explanation of the local edu21 cational agency’s comprehensive plan for drug and vi22 olence prevention, which shall include a description

23 of—
867

•S 1513 RS

1 ‘‘(A) how that plan is consistent with, and

2 promotes the goals in, the State’s application

3 under section 5112;

4 ‘‘(B) the local educational agency’s measur5 able goals for drug and violence prevention, and

6 a description of how such agency will assess and

7 publicly report progress toward attaining these

8 goals;

9 ‘‘(C) how the local educational agency will

10 use its distribution under this subpart;

11 ‘‘(D) how the local educational agency will

12 coordinate such agency’s programs and projects

13 with community-wide efforts to achieve such

14 agency’s goals for drug and violence prevention;

15 and

16 ‘‘(E) how the local educational agency will

17 coordinate such agency’s programs and projects

18 with other Federal, State, and local programs for

19 drug-abuse prevention, including health pro20 grams; and

21 ‘‘(3) such other information and assurances as

22 the State educational agency may reasonably require.

23 ‘‘(c) REVIEW OF APPLICATION.—
868

•S 1513 RS

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

2 shall use a peer review process in reviewing local ap3 plications under this section.

4 ‘‘(2) CONSIDERATIONS.—(A) In determining

5 whether to approve the application of a local edu6 cational agency under this section, a State edu7 cational agency shall consider the quality of the local

8 educational agency’s comprehensive plan under sub9 section (b)(2) and the extent to which such plan is

10 consistent with, and supports, the State’s application

11 under section 5112 and the State’s plan under section

12 1111.

13 ‘‘(B) A State educational agency may dis14 approve a local educational agency application under

15 this section in whole or in part and may withhold,

16 limit, or place restrictions on the use of funds distrib17 uted to such a local educational agency in a manner

18 the State educational agency determines will best pro19 mote the purposes of this part or the State’s plan

20 under section 1111.

21 ‘‘SEC. 5116. LOCAL DRUG AND VIOLENCE PREVENTION PRO22 GRAMS.

23 ‘‘(a) PROGRAM REQUIREMENTS.—A local educational

24 agency shall use funds received under this subpart to adopt
869

•S 1513 RS

1 and carry out a comprehensive drug and violence preven2 tion program which shall—

3 ‘‘(1) be designed, for all students and employees,

4 to—

5 ‘‘(A) prevent the use, possession, and dis6 tribution of tobacco, alcohol and illegal drugs by

7 students and to prevent the illegal use, posses8 sion, and distribution of such substances by em9 ployees;

10 ‘‘(B) prevent violence and promote school

11 safety; and

12 ‘‘(C) create a disciplined environment con13 ducive to learning; and

14 ‘‘(2) include activities to promote the involve15 ment of parents and coordination with community

16 groups and agencies, including the distribution of in17 formation about the local educational agency’s needs,

18 goals, and programs under this subpart.

19 ‘‘(b) AUTHORIZED ACTIVITIES.—A comprehensive

20 drug and violence prevention program carried out under

21 this subpart may include—

22 ‘‘(1) age-appropriate, developmentally based

23 drug prevention and education programs for all stu24 dents, from the preschool level through grade 12, that

25 address the legal, social, personal and health con-
870

•S 1513 RS

1 sequences of the use of illegal drugs, promote a sense

2 of individual responsibility, and provide information

3 about effective techniques for resisting peer pressure to

4 use illegal drugs;

5 ‘‘(2) programs of drug prevention, comprehensive

6 health education, early intervention, pupil services,

7 mentoring, or rehabilitation referral, which emphasize

8 students’ sense of individual responsibility and which

9 may include—

10 ‘‘(A) the dissemination of information about

11 drug prevention;

12 ‘‘(B) the professional development of school

13 personnel, parents, students, law enforcement of14 ficials, judicial officials, health service providers

15 and community leaders in prevention, education,

16 early intervention, pupil services or rehabilita17 tion referral; and

18 ‘‘(C) the implementation of strategies, in19 cluding strategies to integrate the delivery of

20 services from a variety of providers, to combat il21 legal alcohol, tobacco and other drug use, such

22 as—

23 ‘‘(i) family counseling;

24 ‘‘(ii) early intervention activities that

25 prevent family dysfunction, enhance school
871

•S 1513 RS

1 performance, and boost attachment to school

2 and family; and

3 ‘‘(iii) activities, such as community

4 service and service-learning projects, that

5 are designed to increase students’ sense of

6 community;

7 ‘‘(3) age-appropriate, developmentally based vio8 lence prevention and education programs for all stu9 dents, from the preschool level through grade 12, that

10 address the legal, health, personal, and social con11 sequences of violent and disruptive behavior, includ12 ing sexual harassment and abuse, and victimization

13 associated with prejudice and intolerance, and that

14 include activities designed to help students develop a

15 sense of individual responsibility and respect for the

16 rights of others, and to resolve conflicts without vio17 lence;

18 ‘‘(4) violence prevention programs for school-aged

19 youth, which emphasize students’ sense of individual

20 responsibility and may include—

21 ‘‘(A) the dissemination of information about

22 school safety and discipline;

23 ‘‘(B) the professional development of school

24 personnel, parents, students, law enforcement of25 ficials, judicial officials, and community leaders
872

•S 1513 RS

1 in designing and implementing strategies to pre2 vent school violence;

3 ‘‘(C) the implementation of strategies, such

4 as conflict resolution and peer mediation, and

5 the use of mentoring programs, to combat school

6 violence and other forms of disruptive behavior,

7 such as sexual harassment and abuse;

8 ‘‘(D) the development and implementation

9 of character education programs that are tai10 lored by communities, parents and schools, and

11 based on the tenets of democracy, self discipline,

12 and personal and civic responsibility, and guid13 ed by the principles of community and national

14 laws, in order to reduce the problems of violence

15 and drug abuse; and

16 ‘‘(E) comprehensive, community-wide strat17 egies to prevent or reduce illegal gang activities;

18 ‘‘(5) supporting ‘safe zones of passage’ for stu19 dents between home and school through such measures

20 as Drug- and Weapon-Free School Zones, enhanced

21 law enforcement, and neighborhood patrols;

22 ‘‘(6) acquiring and installing metal detectors

23 and hiring security personnel;
873

•S 1513 RS

1 ‘‘(7) reimbursing law enforcement authorities for

2 their personnel who participate in school violence pre3 vention activities;

4 ‘‘(8) professional development workshops for

5 teachers and other staff and curricula that promote

6 the awareness of and sensitivity to alternatives to vio7 lence through courses of study that include related is8 sues of intolerance and hatred in history;

9 ‘‘(9) the promotion of before-and-after school rec10 reational, instructional, cultural, and artistic pro11 grams in supervised community settings;

12 ‘‘(10) drug abuse resistance education programs,

13 designed to teach students to recognize and resist

14 pressures to use alcohol or other drugs, which may in15 clude activities such as classroom instruction by uni16 formed law enforcement officers, resistance techniques,

17 resistance to peer pressure and gang pressure, and

18 provision for parental involvement; and

19 ‘‘(11) the evaluation of any of the activities au20 thorized under this subsection.

21 ‘‘(c) LIMITATIONS.—

22 ‘‘(1) IN GENERAL.—Not more than 10 percent of

23 the funds made available to a local educational agen24 cy under this subpart may be used to carry out the
874

•S 1513 RS

1 activities described in paragraphs (5), (6), and (7) of

2 subsection (b).

3 ‘‘(2) SPECIAL RULE.—A local educational agency

4 shall only be able to use funds received under this

5 subpart for activities described in paragraphs (5),

6 (6), and (7), of subsection (b) if funding for such ac7 tivities is not received from other Federal agencies.

8 ‘‘SEC. 5117. EVALUATION AND REPORTING.

9 ‘‘(a) NATIONAL IMPACT EVALUATION.—The Secretary,

10 in consultation with the Secretary of Health and Human

11 Services, the Director of the Office of National Drug Control

12 Policy, and the Attorney General, shall conduct an inde13 pendent biennial evaluation of the national impact of pro14 grams assisted under this subpart and submit a report of

15 the findings of such evaluation to the President and the

16 Congress.

17 ‘‘(b) STATE REPORT.—

18 ‘‘(1) IN GENERAL.—By October 1, 1997, and

19 every third year thereafter, the chief executive officer

20 of the State, in cooperation with the State educational

21 agency, shall submit to the Secretary a report—

22 ‘‘(A) on the implementation and outcomes

23 of State programs under section 5114 and sec24 tion 5113(b) and local programs under section
875

•S 1513 RS

1 5113(d), as well as an assessment of their effec2 tiveness; and

3 ‘‘(B) on the State’s progress toward attain4 ing its goals for drug and violence prevention

5 under subsections (b)(1) and (c)(1) of section

6 5112.

7 ‘‘(2) SPECIAL RULE.—The report required by

8 this subsection shall be—

9 ‘‘(A) in the form specified by the Secretary;

10 ‘‘(B) based on the State’s on-going evalua11 tion activities, and shall include data on the

12 prevalence of drug use and violence by youth in

13 schools and communities; and

14 ‘‘(C) made readily available to the public.

15 ‘‘(c) LOCAL EDUCATIONAL AGENCY REPORT.—Each

16 local educational agency receiving funds under this subpart

17 shall submit to the State educational agency whatever infor18 mation, and at whatever intervals, the State requires to

19 complete the State report required by subsection (b), includ20 ing information on the prevalence of drug use and violence

21 by youth in the schools and the community. Such informa22 tion shall be made readily available to the public.

23 ‘‘SEC. 5118. PROGRAMS FOR HAWAIIAN NATIVES.

24 ‘‘(a) GENERAL AUTHORITY.—From the funds made

25 available pursuant to section 5111(a)(3) to carry out this
876

•S 1513 RS

1 section, the Secretary shall make grants to or enter into

2 cooperative agreements or contracts with organizations pri3 marily serving and representing Hawaiian natives which

4 are recognized by the Governor of the State of Hawaii to

5 plan, conduct, and administer programs, or portions there6 of, which are authorized by and consistent with the provi7 sions of this title for the benefit of Hawaiian natives.

8 ‘‘(b) DEFINITION OF ‘HAWAIIAN NATIVE’.—For the

9 purposes of this section, the term ‘Hawaiian native’ means

10 any individual any of whose ancestors were natives, prior

11 to 1778, of the area which now comprises the State of Ha12 waii.

13 ‘‘Subpart 2—National Programs

14 ‘‘SEC. 5121. FEDERAL ACTIVITIES.

15 ‘‘(a) PROGRAM AUTHORIZED.—From funds made

16 available to carry out this subpart under section 5103, the

17 Secretary, in consultation with the Secretary of Health and

18 Human Services, the Director of the Office of National

19 Drug Control Policy, and the Attorney General, shall carry

20 out programs to prevent the illegal use of drugs and violence

21 among, and promote safety and discipline for, students at

22 all educational levels, prekindergarten through postsecond23 ary. The Secretary shall carry out such programs directly,

24 or through grants, contracts, or cooperative agreements with

25 public and private nonprofit organizations and individ-
877

•S 1513 RS

1 uals, or through agreements with other Federal agencies,

2 and shall coordinate such programs with other appropriate

3 Federal activities. Such programs may include—

4 ‘‘(1) the development and demonstration of inno5 vative strategies for training school personnel, par6 ents, and members of the community, including the

7 demonstration of model preservice training programs

8 for prospective school personnel;

9 ‘‘(2) demonstrations and rigorous evaluations of

10 innovative approaches to drug and violence preven11 tion;

12 ‘‘(3) drug and violence prevention research that

13 is coordinated with other Federal agencies and is di14 rected toward improving programs and activities

15 under this part;

16 ‘‘(4) program evaluations in accordance with

17 section 10701 that address issues not addressed under

18 section 5117(a);

19 ‘‘(5) direct services to schools and school systems

20 afflicted with especially severe drug and violence

21 problems;

22 ‘‘(6) activities in communities designated as

23 empowerment zones or enterprise communities that

24 will connect schools to community-wide efforts to re25 duce drug and violence problems;
878

•S 1513 RS

1 ‘‘(7) the development of education and training

2 programs, curricula, instructional materials, and

3 professional training and development for preventing

4 and reducing the incidence of crimes and conflicts

5 motivated by hate in localities most directly affected

6 by hate crimes;

7 ‘‘(8) developing and disseminating drug and vio8 lence prevention materials, including model curricula;

9 and

10 ‘‘(9) other activities that meet unmet national

11 needs related to the purposes of this part.

12 ‘‘(b) PEER REVIEW.—The Secretary shall use a peer

13 review process in reviewing applications for funds under

14 this section.

15 ‘‘SEC. 5122. GRANTS TO INSTITUTIONS OF HIGHER EDU16 CATION.

17 ‘‘(a) IN GENERAL.—From funds made available to

18 carry out this subpart under section 5103, the Secretary

19 is authorized to make grants to, or enter into contracts

20 with, institutions of higher education, or consortia of such

21 institutions, for drug and violence prevention programs

22 under this section. Awards under this section shall support

23 the development, implementation, validation, and dissemi24 nation of model programs and strategies to promote the

25 safety of students attending institutions of higher education
879

•S 1513 RS

1 by preventing violent behavior and the illegal use of alcohol

2 and other drugs by such students.

3 ‘‘(b) APPLICATIONS.—An institution of higher edu4 cation, or consortium of such institutions, that desires to

5 receive an award under this section shall submit an appli6 cation to the Secretary at such time, in such manner, and

7 containing such information as the Secretary may reason8 ably require. The Secretary shall use a peer review process

9 for reviewing applications for funds under this section.

10 ‘‘(c) EQUITABLE PARTICIPATION.—The Secretary shall

11 make every reasonable effort to ensure the equitable partici12 pation in the activities assisted under this section of private

13 and public institutions of higher education (including com14 munity and junior colleges), institutions of limited enroll15 ment, and institutions in different geographic regions.

16 ‘‘Subpart 3—General Provisions

17 ‘‘SEC. 5131. DEFINITIONS.

18 ‘‘For the purposes of this part, the following terms have

19 the following meanings:

20 ‘‘(1) The term ‘drug and violence prevention’

21 means—

22 ‘‘(A) with respect to drugs, prevention, early

23 intervention, rehabilitation referral, or education

24 related to the illegal use of alcohol, the use of to25 bacco and the use of controlled, illegal, addictive,
880

•S 1513 RS

1 or harmful substances, including inhalants and

2 anabolic steroids; and

3 ‘‘(B) with respect to violence, the promotion

4 of school safety, such that students and school

5 personnel are free from violent and disruptive

6 acts, including sexual harassment and abuse,

7 and victimization associated with prejudice and

8 intolerance, on school premises, going to and

9 from school, and at school-sponsored activities,

10 through the creation and maintenance of a school

11 environment that is free of weapons and fosters

12 individual responsibility and respect for the

13 rights of others.

14 ‘‘(2) The term ‘hate crime’ means a crime as de15 scribed in section 1(b) of the Hate Crime Statistics

16 Act of 1990.

17 ‘‘(3) The term ‘nonprofit’, as applied to a school,

18 agency, organization, or institution means a school,

19 agency, organization, or institution owned and oper20 ated by one or more nonprofit corporations or asso21 ciations, no part of the net earnings of which inures,

22 or may lawfully inure, to the benefit of any private

23 shareholder or individual.

24 ‘‘(4) The term ‘school-aged population’ means the

25 population aged five through 17, as determined by the
881

•S 1513 RS

1 Secretary on the basis of the most recent satisfactory

2 data available from the Department of Commerce.

3 ‘‘(5) The term ‘school personnel’ includes teach4 ers, administrators, guidance counselors, social work5 ers, psychologists, nurses, librarians, and other sup6 port staff who are employed by a school or who per7 form services for the school on a contractual basis.

8 ‘‘SEC. 5132. MATERIALS.

9 ‘‘(a) ‘WRONG AND HARMFUL’ MESSAGE.—Drug pre10 vention programs supported under this part shall convey

11 a clear and consistent message that the illegal use of alcohol

12 and other drugs is wrong and harmful.

13 ‘‘(b) CURRICULUM.—The Secretary shall not prescribe

14 the use of specific curricula for programs supported under

15 this part, but may evaluate the effectiveness of such curric16 ula and other strategies in drug and violence prevention.

17 ‘‘SEC. 5133. PROHIBITED USES OF FUNDS.

18 ‘‘No funds under this part may be used for—

19 ‘‘(1) construction (except for minor remodeling

20 needed to accomplish the purposes of this part); and

21 ‘‘(2) medical services, except for pupil services or

22 referral to treatment for students who are victims of

23 or witnesses to crime or who use alcohol, tobacco, or

24 other drugs.
882

•S 1513 RS

1 ‘‘PART B—ASSISTANCE TO ADDRESS SCHOOL

2 DROPOUT PROBLEMS

3 ‘‘SEC. 5201. SHORT TITLE.

4 ‘‘This part may be cited as the ‘School Dropout Assist5 ance Act’.

6 ‘‘SEC. 5202. PURPOSE.

7 ‘‘The purpose of this part is to reduce the number of

8 children who do not complete their elementary and second9 ary education by providing grants to local educational

10 agencies to establish—

11 ‘‘(1) effective programs to identify potential stu12 dent dropouts, including pregnant and parenting

13 teenagers, and prevent such students from dropping

14 out of school;

15 ‘‘(2) effective programs to identify and encourage

16 children who have already dropped out to reenter

17 school and complete their elementary and secondary

18 education;

19 ‘‘(3) effective early intervention programs de20 signed to identify at-risk students in elementary and

21 secondary schools; and

22 ‘‘(4) model systems for collecting and reporting

23 information to local school officials on the number,

24 ages, sex, race or ethnicity, and grade levels of the

25 children not completing their elementary and second-
883

•S 1513 RS

1 ary education and the reasons why such children have

2 dropped out of school.

3 ‘‘SEC. 5203. GRANTS TO LOCAL EDUCATIONAL AGENCIES.

4 ‘‘(a) ALLOTMENT TO CATEGORIES OF LOCAL EDU5 CATIONAL AGENCIES.—From the amount appropriated

6 under section 5208 for any fiscal year, the Secretary shall

7 first reserve not more than $2,000,000 for the purposes of

8 evaluating programs carried out with assistance under this

9 part in accordance with section 10701. From the remaining

10 amount, the Secretary shall allot the following percentages

11 to each of the following categories of local educational agen12 cies:

13 ‘‘(1) Local educational agencies administering

14 schools with a total enrollment of 100,000 or more ele15 mentary and secondary school students shall be allot16 ted 25 percent of such remaining amount.

17 ‘‘(2) Local educational agencies administering

18 schools with a total enrollment of at least 20,000 but

19 less than 100,000 elementary and secondary school

20 students shall be allotted 40 percent of such remain21 ing amount.

22 ‘‘(3) Local educational agencies administering

23 schools with a total enrollment of less than 20,000 ele24 mentary and secondary school students shall be allot25 ted 30 percent of such remaining amount. Grants
884

•S 1513 RS

1 may be made under this paragraph to educational

2 service agencies and consortia of not more than 5

3 local educational agencies in any case in which the

4 total enrollment of the largest such local educational

5 agency is less than 20,000 elementary and secondary

6 students. Such agencies and consortia may also apply

7 in conjunction with the State educational agency. Not

8 less than 20 percent of funds available under this

9 paragraph shall be awarded to local educational

10 agencies administering schools with a total enrollment

11 of less than 2,000 elementary and secondary school

12 students.

13 ‘‘(4) Community-based organizations shall be al14 lotted 5 percent of such remaining amount. Grants

15 under this category shall be made after consultation

16 between the community-based organization and the

17 local educational agency that is to benefit from such

18 a grant.

19 ‘‘(b) SPECIAL CONSIDERATION.—

20 ‘‘(1) IN GENERAL.—The Secretary shall give spe21 cial consideration to awarding funds available for

22 each category described in paragraphs (1), (2), and

23 (3) of subsection (a) to local educational agencies par24 ticipating in an educational partnership.
885

•S 1513 RS

1 ‘‘(2) EDUCATIONAL PARTNERSHIPS.—Edu2 cational partnerships under this subsection shall in3 clude—

4 ‘‘(A) a local educational agency; and

5 ‘‘(B) a business concern or business organi6 zation, community-based organization, nonprofit

7 private organization, institution of higher edu8 cation, State educational agency, State or local

9 public agency, private industry council (estab10 lished under the Job Training Partnership Act),

11 museum, library, or educational television or

12 broadcasting station.

13 ‘‘(c) AWARD OF GRANT.—From the amount allotted for

14 any fiscal year to a category of local educational agencies

15 under subsection (a), the Secretary shall award as many

16 grants as practicable within each such category to local edu17 cational agencies and educational partnerships whose ap18 plications have been approved by the Secretary for such fis19 cal year under section 5204 and whose applications propose

20 a program of sufficient size, scope, and quality to be effec21 tive. Any local educational agency, educational partner22 ship, or community-based organization that has received a

23 grant under this part shall be eligible for additional funds

24 subject to the requirements under this part. The grants shall
886

•S 1513 RS

1 be made under such terms and conditions as the Secretary

2 shall prescribe consistent with the provisions of this part.

3 ‘‘(d) USE OF FUNDS WHEN NOT FULLY ALLOTTED TO

4 CATEGORIES UNDER SUBSECTION (a).—

5 ‘‘(1) IN GENERAL.—Whenever the Secretary de6 termines that the full amount of the sums allotted

7 under any category set forth under subsection (a) will

8 not be required for applications of the local edu9 cational agencies in the case of categories described in

10 paragraphs (1) through (3) of subsection (a), the Sec11 retary shall make the amount not so required avail12 able to another category under subsection (a). In car13 rying out the provisions of this subsection, the Sec14 retary shall assure that the transfer of amounts from

15 one category to another is made to a category in

16 which there is the greatest need for funds.

17 ‘‘(2) PEER REVIEW.—In order to transfer funds

18 under this subsection, the Secretary shall use a peer

19 review process to determine that such excess funds are

20 not needed to fund projects in particular categories

21 and shall prepare a list of the categories in which

22 funds were not fully expended and the reasons there23 for, and make such list available to local educational

24 agencies and educational partnerships, upon request.

25 The Secretary may use the peer review process to de-
887

•S 1513 RS

1 termine grant recipients of funds transferred in ac2 cordance with this subsection.

3 ‘‘(e) FEDERAL SHARE.—

4 ‘‘(1) FEDERAL SHARE.—The Federal share of a

5 grant under this part may not exceed—

6 ‘‘(A) 90 percent of the total cost of a project

7 for the first year for which the project receives

8 assistance under this part; and

9 ‘‘(B) 75 percent of such cost in each such

10 succeeding fiscal year.

11 ‘‘(2) REMAINING COSTS.—The remaining cost of

12 a project that receives assistance under this part may

13 be paid from any source other than funds made avail14 able under this part, except that not more than 10

15 percent of the remaining cost in any fiscal year may

16 be provided from Federal sources other than this part.

17 ‘‘(3) NON-FEDERAL SHARE.—The share of pay18 ments from sources other than funds made available

19 under this part may be in cash or in kind fairly eval20 uated, including plant, equipment or services.

21 ‘‘SEC. 5204. APPLICATION.

22 ‘‘(a) APPLICATION REQUIRED.—

23 ‘‘(1) IN GENERAL.—A grant under this part may

24 be made only to a local educational agency or an edu25 cational partnership which submits an application to
888

•S 1513 RS

1 the Secretary containing such information as may be

2 required by the Secretary by regulation.

3 ‘‘(2) DURATION.—Each such application shall be

4 for a 3-year period.

5 ‘‘(b) CONTENTS.—Each such application shall—

6 ‘‘(1) provide documentation of—

7 ‘‘(A) the number of children who were en8 rolled in the schools of the applicant for the 5

9 academic years prior to the date application is

10 made who have not completed their elementary

11 or secondary education and who are classified as

12 school dropouts; and

13 ‘‘(B) the percentage that such number of

14 children is of the total school-age population in

15 the applicant’s schools;

16 ‘‘(2) include a plan for the development and im17 plementation of a school dropout information collec18 tion and reporting system for documenting the extent

19 and nature of the dropout problem, which system

20 shall collect and cross tabulate data, where feasible, by

21 sex according to race or ethnicity and socioeconomic

22 status;

23 ‘‘(3) include a plan for coordinated activities in24 volving at least 1 secondary school and its feeder jun-
889

•S 1513 RS

1 ior high or middle schools and elementary schools for

2 local educational agencies that have feeder systems;

3 ‘‘(4) when applicable, describe how programs as4 sisted under this part will be coordinated with, and

5 not duplicate, programs assisted under title I;

6 ‘‘(5) include a description of how the program

7 assisted under this part is consistent with the second

8 National Education Goal and other Federal programs

9 as appropriate; and

10 ‘‘(6) contain such other information as the Sec11 retary considers necessary to determine the nature of

12 the local needs, the quality of the proposed project,

13 and the capability of the applicant to carry out the

14 project.

15 ‘‘(c) PRIORITY.—The Secretary shall, in approving ap16 plications under this section, give priority to applications

17 which both show the replication of successful programs con18 ducted in other local educational agencies or the expansion

19 of successful programs within a local educational agency

20 and reflect very high numbers or very high percentages of

21 school dropouts in the schools of the applicant in each cat22 egory described in section 5203(a).

23 ‘‘(d) SPECIAL CONSIDERATION.—The Secretary shall

24 give additional special consideration to applications that

25 include—
890

•S 1513 RS

1 ‘‘(1) provisions which emphasize early interven2 tion services designed to identify at-risk students in

3 elementary or early secondary schools; and

4 ‘‘(2) provisions for significant parental involve5 ment.

6 ‘‘(e) GRANTS FOR NEW GRANTEES.—In awarding

7 grants under this part the Secretary shall utilize only those

8 priorities and special considerations described in sub9 sections (c) and (d).

10 ‘‘SEC. 5205. AUTHORIZED ACTIVITIES.

11 ‘‘Grants under this part shall be used to carry out

12 plans set forth in applications approved under section 5204.

13 In addition, grants may be used for educational, occupa14 tional, and basic skills testing services and activities, in15 cluding, but not limited to—

16 ‘‘(1) the establishment of systemwide or school17 level policies, procedures, and plans for dropout pre18 vention and school reentry;

19 ‘‘(2) the development and implementation of ac20 tivities, including extended day or summer programs,

21 designed to address poor achievement, basic skills de22 ficiencies, language deficiencies, or course failures, in

23 order to assist students at risk of dropping out of

24 school and students reentering school;
891

•S 1513 RS

1 ‘‘(3) the establishment or expansion of work2 study, apprentice, or internship programs;

3 ‘‘(4) the use of resources of the community, in4 cluding contracting with public or private entities or

5 community-based organizations of demonstrated per6 formance, to provide services to the grant recipient or

7 the target population;

8 ‘‘(5) the evaluation and revision of program

9 placement of students at risk;

10 ‘‘(6) the evaluation of program effectiveness of

11 dropout programs;

12 ‘‘(7) the development and implementation of pro13 grams for traditionally underserved groups of stu14 dents;

15 ‘‘(8) the implementation of activities which will

16 improve student motivation and the school learning

17 environment;

18 ‘‘(9) the provision of training for school person19 nel on strategies and techniques designed to—

20 ‘‘(A) identify children at risk of dropping

21 out;

22 ‘‘(B) intervene in the instructional program

23 with support and remedial services;

24 ‘‘(C) develop realistic expectations for stu25 dent performance; and
892

•S 1513 RS

1 ‘‘(D) improve student-staff interactions;

2 ‘‘(10) the study of the relationship between drugs

3 and dropouts and between youth gangs and dropouts,

4 and the coordination of dropout prevention and re5 entry programs with appropriate drug prevention

6 and community organizations for the prevention of

7 youth gangs;

8 ‘‘(11) the study of the relationship between dis9 abling conditions and student dropouts;

10 ‘‘(12) the study of the relationship between the

11 dropout rate for gifted and talented students com12 pared to the dropout rate for the general student en13 rollment;

14 ‘‘(13) the use of educational telecommunications

15 and broadcasting technologies and educational mate16 rials designed to extend, motivate, and reinforce

17 school, community, and home dropout prevention and

18 reentry activities;

19 ‘‘(14) the development and implementation of ef20 forts to identify and address factors in a student’s de21 cision to drop out of school that are related to gender

22 and family roles;

23 ‘‘(15) the provision of other educational, occupa24 tional and testing services and activities which di25 rectly relate to the purpose of this part;
893

•S 1513 RS

1 ‘‘(16) activities which offer jobs and college ad2 missions for successful completion of the program for

3 which assistance is sought;

4 ‘‘(17) summer employment programs;

5 ‘‘(18) occupational training programs;

6 ‘‘(19) career opportunity and skills counseling;

7 ‘‘(20) job placement services;

8 ‘‘(21) the development of skill employment com9 petency testing programs;

10 ‘‘(22) special school staff training projects; and

11 ‘‘(23) mentoring programs.

12 ‘‘SEC. 5206. DISTRIBUTION OF ASSISTANCE; LIMITATION

13 ON COSTS.

14 ‘‘(a) DISTRIBUTION OF ASSISTANCE.—The Secretary

15 shall ensure that, to the extent practicable, in approving

16 grant applications under this part—

17 ‘‘(1) grants are equitably distributed on a geo18 graphic basis within each category set forth in section

19 5203(a);

20 ‘‘(2) the amount of a grant to a local educational

21 agency for a fiscal year is proportionate to the extent

22 and severity of the local school dropout problem;

23 ‘‘(3) not less than 30 percent of the amount

24 available for grants in each fiscal year is used for ac25 tivities relating to school dropout prevention; and
894

•S 1513 RS

1 ‘‘(4) not less than 30 percent of the amount

2 available for grants in each fiscal year is used for ac3 tivities relating to persuading school dropouts to re4 turn to school and assisting former school dropouts

5 with specialized services once school dropouts return

6 to school.

7 ‘‘(b) ADMINISTRATIVE COSTS.—Not more than 5 per8 cent of any grant made under this part may be used for

9 administrative costs.

10 ‘‘SEC. 5207. REPORTS.

11 ‘‘(a) ANNUAL REPORTS.—The Secretary shall submit

12 to the Congress a report by January 1 of each year, begin13 ning on January 1, 1995, which sets forth the progress of

14 the Commissioner of Education Statistics, established under

15 section 14003(b), to implement a definition and data collec16 tion process for school dropouts in elementary and second17 ary schools, including statistical information for the num18 ber and percentage of elementary and secondary school stu19 dents by race and ethnic origin who drop out of school each

20 year including dropouts—

21 ‘‘(1) throughout the Nation by rural and urban

22 location as defined by the Secretary; and

23 ‘‘(2) in each of the individual States and the

24 District of Columbia.
895

•S 1513 RS

1 ‘‘(b) RECOMMENDATIONS.—The report under sub2 section (a) shall also contain recommendations on ways in

3 which the Federal Government, States and localities can

4 further support the implementation of an effective methodol5 ogy to accurately measure dropout and retention rates on

6 the national, State, and local levels.

7 ‘‘SEC. 5208. AUTHORIZATION OF APPROPRIATIONS.

8 ‘‘There are authorized to be appropriated $50,000,000

9 for fiscal year 1995, and such sums as may be necessary

10 for each of the 4 succeeding fiscal years, to carry out this

11 part.

12 ‘‘TITLE VII—LANGUAGE EN13 HANCEMENT AND ACQUISI14 TION PROGRAMS

15 ‘‘PART A—BILINGUAL EDUCATION PROGRAMS

16 ‘‘SEC. 7101. SHORT TITLE.

17 ‘‘This part may be cited as the ‘Bilingual Education

18 Act’.

19 ‘‘SEC. 7102. FINDINGS.

20 ‘‘The Congress finds that—

21 ‘‘(1) there are large and growing numbers of

22 children and youth of limited-English proficiency,

23 many of whom have a cultural heritage that differs

24 from that of their English proficient peers;
896

•S 1513 RS

1 ‘‘(2) limited-English proficient children and

2 youth face a number of challenges in receiving an

3 education that will enable such children and youth to

4 participate fully in American society, including—

5 ‘‘(A) segregated education programs;

6 ‘‘(B) disproportionate and improper place7 ment in special education and other special pro8 grams due to the use of inappropriate evaluation

9 procedures;

10 ‘‘(C) the limited-English proficiency of their

11 own parents, which hinders the parents’ ability

12 to fully participate in the education of their chil13 dren; and

14 ‘‘(D) a shortage of teachers and other staff

15 who are professionally trained and qualified to

16 serve such children and youth;

17 ‘‘(3) the Federal Government, as exemplified by

18 title VI of the Civil Rights Act of 1964 and section

19 204(f) of the Equal Education Opportunities Act of

20 1974, has a special and continuing obligation to en21 sure that States and local school districts take appro22 priate action to provide equal educational opportuni23 ties to children and youth of limited-English pro24 ficiency;
897

•S 1513 RS

1 ‘‘(4) the Federal Government also, as exemplified

2 by the Federal Government’s efforts under this title,

3 has a special and continuing obligation to assist

4 States and local school districts in developing the ca5 pacity to provide programs of instruction that offer

6 limited-English proficient children and youth an

7 equal educational opportunity;

8 ‘‘(5) in carrying out the Federal Government’s

9 responsibilities with respect to ensuring equal edu10 cational opportunity for children and youth of lim11 ited-English proficiency, the Federal Government has

12 learned that—

13 ‘‘(A) large numbers of such children and

14 youth have needs that must be met by a program

15 of instruction designed specifically for such chil16 dren and youth;

17 ‘‘(B) a primary purpose of such programs

18 must be developing the English language skills of

19 such children and youth;

20 ‘‘(C) the use of a child or youth’s native

21 language and culture in classroom instruction

22 can—

23 ‘‘(i) promote self-esteem and contribute

24 to academic achievement and learning Eng-
898

•S 1513 RS

1 lish by limited-English proficient children

2 and youth;

3 ‘‘(ii) benefit English proficient children

4 and youth who also participate in such pro5 grams; and

6 ‘‘(iii) develop our Nation’s national

7 language resources, thus promoting our Na8 tion’s competitiveness in the global econ9 omy;

10 ‘‘(D) parent and community participation

11 in bilingual education programs contributes to

12 program effectiveness; and

13 ‘‘(E) research, evaluation, and data-collec14 tion capabilities in the field of bilingual edu15 cation need to be strengthened so that educators

16 and other staff can better identify and promote

17 those programs, program implementation strate18 gies, and instructional practices that result in ef19 fective education; and

20 ‘‘(6) Native Americans and Native American

21 languages (as such terms are defined in section 103

22 of the Native American Languages Act) have a unique

23 status under Federal law that requires special policies

24 within the broad purposes of this Act to serve the edu-
899

•S 1513 RS

1 cation needs of language minority students in the

2 United States.

3 ‘‘SEC. 7103. POLICY; AUTHORIZATION OF APPROPRIATIONS.

4 ‘‘(a) POLICY.—The Congress declares it to be the policy

5 of the United States, in order to ensure equal educational

6 opportunity for all children and youth and to promote edu7 cational excellence, to assist State and local educational

8 agencies and consortia of local educational agencies, insti9 tutions of higher education and community based organiza10 tions to build their capacity to establish, implement, and

11 sustain programs of instruction for children and youth of

12 limited-English proficiency that—

13 ‘‘(1) develop the English of such children and

14 youth and, to the extent possible, the native language

15 skills of such children and youth;

16 ‘‘(2) educate such children and youth to meet the

17 same rigorous standards for academic performance

18 expected of all children and youth, including meeting

19 challenging State content standards and challenging

20 State student performance standards in academic

21 areas;

22 ‘‘(3) develop bilingual skills and multicultural

23 understanding; and

24 ‘‘(4) provide similar assistance to Native Ameri25 cans with certain modifications relative to the unique
900

•S 1513 RS

1 status of Native American languages under Federal

2 law.

3 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—For the

4 purpose of carrying out this part, there are authorized to

5 be appropriated $215,000,000 for fiscal year 1995 and such

6 sums as may be necessary for each of the 4 succeeding fiscal

7 years.

8 ‘‘SEC. 7104. DEFINITIONS.

9 ‘‘For the purpose of this title:

10 ‘‘(1) BILINGUAL EDUCATION PROGRAM.—(A) The

11 term ‘bilingual education program’—

12 ‘‘(i) means a program of instruction de13 signed specifically for children and youth of lim14 ited-English proficiency at any grade level, in15 cluding the preschool, elementary, or secondary

16 school levels, that is intended—

17 ‘‘(I) to help such children and youth

18 develop proficiency in English and, to the

19 extent possible, the native language of such

20 children and youth; and

21 ‘‘(II) to achieve to high academic

22 standards in all courses of study; and

23 ‘‘(ii) may include activities to assist the

24 parents of such children and youth enrolled in
901

•S 1513 RS

1 bilingual education programs to participate in

2 the education of their children.

3 ‘‘(B)(i) A bilingual education program may be

4 conducted in English, the native language, or both

5 languages, except that all bilingual education pro6 grams shall develop proficiency in the English lan7 guage. The native language may be used in the in8 structional program to facilitate the acquisition of

9 English, to develop overall linguistic competence, and

10 to develop competence in the academic curriculum.

11 ‘‘(ii) A bilingual education program shall, to the

12 extent possible, incorporate the cultural heritage of the

13 children or youth of limited-English proficiency

14 served by the program, as well as the cultural heritage

15 of other children in American society.

16 ‘‘(C) Children and youth proficient in English

17 may participate in a bilingual education program to

18 enable all children and youth participating in a bi19 lingual education program to become proficient in

20 English and a second language.

21 ‘‘(2) CHILDREN AND YOUTH.—The term ‘children

22 and youth’ means individuals aged three through 21.

23 ‘‘(3) DIRECTOR.—The term ‘Director’ means the

24 Director of the Office of Bilingual Education and Mi25 nority Languages Affairs established under section
902

•S 1513 RS

1 210 of the Department of Education Organization

2 Act.

3 ‘‘(4) JURISDICTION WHERE A NATIVE AMERICAN

4 LANGUAGE HAS OFFICIAL STATUS.—The term ‘juris5 diction where a Native American language has offi6 cial status’ refers to States, territories, common7 wealths, cities, counties, reservations, Alaska Native

8 villages, school districts, and other jurisdictions simi9 lar to those described in this paragraph that have le10 gally recognized a Native American language for con11 ducting an aspect of their official business.

12 ‘‘(5) LIMITED-ENGLISH PROFICIENCY AND LIM13 ITED-ENGLISH PROFICIENT.—The terms ‘limited-Eng14 lish proficiency’ and ‘limited-English proficient’,

15 when used with reference to an individual, mean an

16 individual—

17 ‘‘(A) who—

18 ‘‘(i) was not born in the United States

19 or whose native language is a language

20 other than English and comes from an envi21 ronment where a language other than Eng22 lish is dominant; or

23 ‘‘(ii) is a Native American or Alaska

24 Native and comes from an environment

25 where a language other than English has
903

•S 1513 RS

1 had a significant impact on such individ2 ual’s level of English language proficiency;

3 or

4 ‘‘(iii) is migratory and whose native

5 language is other than English and comes

6 from an environment where a language

7 other than English is dominant; and

8 ‘‘(B) who, by reason thereof, has sufficient

9 difficulty speaking, reading, writing, or under10 standing the English language to deny such indi11 vidual the opportunity to learn successfully in

12 classrooms where the language of instruction is

13 English or to participate fully in our society.

14 ‘‘(6) NATIVE AMERICAN AND NATIVE AMERICAN

15 LANGUAGE.—The terms ‘Native American’ and ‘Na16 tive American language’ shall have the same meaning

17 given such terms in section 103 of the Native Amer18 ican Languages Act of 1990.

19 ‘‘(7) NATIVE HAWAIIAN OR NATIVE AMERICAN PA20 CIFIC ISLANDER NATIVE LANGUAGE EDUCATIONAL OR21 GANIZATION.—The term ‘Native Hawaiian or Native

22 American Pacific Islander native language edu23 cational organization’ means a nonprofit organiza24 tion with a majority of its governing board and em25 ployees consisting of fluent speakers of the traditional
904

•S 1513 RS

1 Native American languages used in their educational

2 programs and with at least five years successful expe3 rience in providing educational services in tradi4 tional Native American languages.

5 ‘‘(8) NATIVE LANGUAGE.—The term ‘native lan6 guage’, when used with reference to an individual of

7 limited-English proficiency, means the language nor8 mally used by such individual, or in the case of a

9 child or youth, the language normally used by the

10 parents of the child or youth.

11 ‘‘(9) OTHER PROGRAMS FOR PERSONS OF LIM12 ITED-ENGLISH PROFICIENCY.—The term ‘other pro13 grams for persons of limited-English proficiency’

14 means any programs administered by the Secretary

15 that directly involve bilingual education activities

16 serving persons of limited-English proficiency.

17 ‘‘SEC. 7105. NATIVE AMERICAN AND ALASKA NATIVE CHIL18 DREN IN SCHOOL.

19 ‘‘(a) ELIGIBLE ENTITIES.—For the purpose of carry20 ing out programs under this part for individuals served by

21 elementary and secondary schools operated predominately

22 for Native American or Alaska Native children and youth,

23 an Indian tribe, a tribally sanctioned educational author24 ity, a Native Hawaiian or Native American Pacific Is25 lander native language education organization, or an ele-
905

•S 1513 RS

1 mentary or secondary school that is operated or funded by

2 the Bureau of Indian Affairs shall be considered to be a

3 local educational agency as such term is used in this part,

4 subject to the following qualifications:

5 ‘‘(1) INDIAN TRIBE.—The term ‘Indian tribe’

6 means any Indian tribe, band, nation, or other orga7 nized group or community, including any Alaska Na8 tive village or regional or village corporation as de9 fined in or established pursuant to the Alaska Native

10 Claims Settlement Act (43 U.S.C. 1601 et seq.), that

11 is recognized for the special programs and services

12 provided by the United States to Indians because of

13 their status as Indians.

14 ‘‘(2) TRIBALLY SANCTIONED EDUCATIONAL AU15 THORITY.—The term ‘tribally sanctioned educational

16 authority’ means—

17 ‘‘(A) any department or division of edu18 cation operating within the administrative

19 structure of the duly constituted governing body

20 of an Indian tribe; and

21 ‘‘(B) any nonprofit institution or organiza22 tion that is—

23 ‘‘(i) chartered by the governing body of

24 an Indian tribe to operate any such school

25 or otherwise to oversee the delivery of edu-
906

•S 1513 RS

1 cational services to members of that tribe;

2 and

3 ‘‘(ii) approved by the Secretary for the

4 purpose of this section.

5 ‘‘(b) ELIGIBLE ENTITY APPLICATION.—Notwithstand6 ing any other provision of this part, each eligible entity

7 described in subsection (a) shall submit any application for

8 assistance under this part directly to the Secretary along

9 with timely comments on the need for the proposed pro10 gram.

11 ‘‘Subpart 1—Financial Assistance for Bilingual

12 Education

13 ‘‘SEC. 7111. FINANCIAL ASSISTANCE FOR BILINGUAL EDU14 CATION.

15 ‘‘(a) PURPOSE.—The purpose of this subpart is to as16 sist local educational agencies, through the grants author17 ized by subsections (b), (c), and (d), to—

18 ‘‘(1) develop and enhance their capacity to pro19 vide high-quality instruction to children and youth of

20 limited-English proficiency; and

21 ‘‘(2) to help such children and youth—

22 ‘‘(A) develop proficiency in English, and to

23 the extent possible, their native language; and

24 ‘‘(B) meet the same challenging State con25 tent standards and challenging State student
907

•S 1513 RS

1 performance standards expected for all children

2 and youth as required by section 1111(b).

3 ‘‘(b) DEVELOPMENT AND ENHANCEMENT GRANTS.—

4 ‘‘(1) IN GENERAL.—The Secretary is authorized

5 to make grants to local educational agencies, or com6 munity based organizations in consortia with one or

7 more local educational agencies and an institution of

8 higher education, to—

9 ‘‘(A) develop new bilingual education pro10 grams;

11 ‘‘(B) enhance or expand existing bilingual

12 education programs to meet new conditions, such

13 as the need to serve additional language groups

14 or different age or grade levels; and

15 ‘‘(C) meet the short-term needs of local edu16 cational agencies without bilingual education

17 programs to serve children and youth of limited18 English proficiency.

19 ‘‘(2) DURATION.—Grants awarded under this

20 subsection shall be for a period of not more than 2

21 years, except that grants to carry out paragraph

22 (1)(A) shall be awarded for a period of not more than

23 3 years.

24 ‘‘(c) COMPREHENSIVE SCHOOL GRANTS.—
908

•S 1513 RS

1 ‘‘(1) IN GENERAL.—The Secretary is authorized

2 to make grants to local educational agencies for the

3 purpose of implementing schoolwide bilingual edu4 cation programs that serve all (or virtually all) chil5 dren and youth of limited-English proficiency in

6 schools with significant concentrations of such chil7 dren and youth.

8 ‘‘(2) DURATION.—Grants awarded under this

9 subsection shall be for a period of not more than 5

10 years, except that the Secretary shall terminate grants

11 to local educational agencies if the Secretary deter12 mines that—

13 ‘‘(A) the program evaluation required by

14 section 7126 indicates that students in the

15 schoolwide program are not being taught to and

16 achieving challenging State content standards

17 and challenging State student performance

18 standards; or

19 ‘‘(B) in the case of a program to promote

20 dual language facility, such program is not pro21 moting such facility.

22 ‘‘(d) COMPREHENSIVE DISTRICT GRANTS.—

23 ‘‘(1) IN GENERAL.—The Secretary is authorized

24 to make grants to local educational agencies for the

25 purpose of implementing district-wide bilingual edu-
909

•S 1513 RS

1 cation programs that serve a significant number of

2 children and youth of limited-English proficiency in

3 districts with significant concentrations of such chil4 dren and youth.

5 ‘‘(2) DURATION.—Grants awarded under this

6 subsection shall be for a period of not more than 5

7 years, except that the Secretary shall terminate grants

8 to local educational agencies where the Secretary de9 termines that—

10 ‘‘(A) the program evaluation required by

11 section 7126 indicates that students in the pro12 gram are not being taught to and achieving chal13 lenging State content standards and challenging

14 State student performance standards; or

15 ‘‘(B) in the case of a program to promote

16 dual language facility, such program is not pro17 moting such facility.

18 ‘‘(e) USE OF FUNDS.—

19 ‘‘(1) IN GENERAL.—Recipients of grant funds

20 under subsections (b), (c), and (d) may use such funds

21 for—

22 ‘‘(A) identification and acquisition of cur23 ricular materials, educational software, and

24 technologies to advance the education of children

25 and youth of limited-English proficiency;
910

•S 1513 RS

1 ‘‘(B) parent outreach and training activi2 ties designed to assist parents to become active

3 participants in the education of their children;

4 ‘‘(C) salaries of personnel, including teacher

5 aides who have been specifically trained, or are

6 being trained, to provide services to children and

7 youth of limited-English proficiency;

8 ‘‘(D) tutorials and academic or career coun9 seling for children and youth of limited-English

10 proficiency; and

11 ‘‘(E) such other activities, related to the

12 purposes of this part, as the Secretary may ap13 prove.

14 ‘‘(2) ADDITIONAL ACTIVITIES.—Recipients of

15 funds under subsections (c) and (d) may—

16 ‘‘(A) use such funds for preservice and in17 service professional development of staff partici18 pating, or preparing to participate, in the pro19 gram, including staff who will not directly par20 ticipate in the bilingual instructional program

21 (which in the case of teachers who are partici22 pating in the program may include release time

23 with pay), if such activities are directly related

24 to serving children and youth of limited-English
911

•S 1513 RS

1 proficiency and will help accomplish the pur2 poses of this subpart; and

3 ‘‘(B) during the first 12 months of such a

4 grant, engage exclusively in activities pre5 paratory to the delivery of services, which may

6 include program design, the development of ma7 terials and procedures, and activities to involve

8 parents in the educational program and to en9 able parents and family members to assist in the

10 education of children and youth of limited-Eng11 lish proficiency.

12 ‘‘(f) GEOGRAPHIC DISTRIBUTION OF FUNDS.—To the

13 extent possible, the Secretary shall award grants under this

14 section throughout the Nation in a manner that—

15 ‘‘(1) reflects the geographic distribution of chil16 dren and youth of limited-English proficiency

17 throughout the Nation;

18 ‘‘(2) takes into account significant increases in

19 limited-English proficient children and youth in

20 areas with low concentrations of such children and

21 youth; and

22 ‘‘(3) ensures that activities assisted under this

23 part address the full needs of school systems of all

24 sizes and geographic areas, including rural schools.
912

•S 1513 RS

1 ‘‘(g) CONSTRUCTION.—Nothing in this subpart shall be

2 construed to prohibit a local educational agency from serv3 ing limited-English proficient children and youth simulta4 neously with students with similar educational needs, in

5 the same educational settings where appropriate.

6 ‘‘(h) APPLICATIONS.—

7 ‘‘(1) IN GENERAL.—Any local educational agen8 cy or community based organization that desires a

9 grant under this section shall submit, through its

10 State educational agency, an application to the Sec11 retary, in such form, at such time, and containing

12 such information and assurances as the Secretary

13 may require.

14 ‘‘(2) CONTENTS.—Each such application shall—

15 ‘‘(A) describe—

16 ‘‘(i) the need for the proposed program,

17 including data on the number of the chil18 dren and youth of limited-English pro19 ficiency in the school or district to be served

20 and the characteristics of such children and

21 youth, such as language spoken, dropout

22 rates, proficiency in English and the native

23 language, academic standing in relation to

24 English proficient peers, and, where appli25 cable, the recency of immigration; and
913

•S 1513 RS

1 ‘‘(ii) the program to be implemented

2 and how such program’s design—

3 ‘‘(I) relates to the linguistic and

4 academic needs of the children and

5 youth of limited-English proficiency to

6 be served; and

7 ‘‘(II) is consistent with, and pro8 motes the goals in, the local edu9 cational agency’s improvement plan

10 under section 1112, particularly as

11 such plan relates to the education of

12 children and youth of limited-English

13 proficiency; and

14 ‘‘(B) provide an assurance that the appli15 cant will not reduce the level of State and local

16 funds that the applicant expends for bilingual

17 education programs if the applicant receives an

18 award under this subpart.

19 ‘‘(3) ADDITIONAL INFORMATION.—Each applica20 tion for a grant under subsection (c) or (d) shall—

21 ‘‘(A) describe—

22 ‘‘(i) current services the applicant pro23 vides to children and youth of limited-Eng24 lish proficiency;
914

•S 1513 RS

1 ‘‘(ii) what services children and youth

2 of limited-English proficiency will receive

3 under the grant that such children or youth

4 will not otherwise receive;

5 ‘‘(iii) how funds received under this

6 subpart will be integrated with all other

7 Federal, State, local, and private resources

8 that may be used to serve children and

9 youth of limited-English proficiency; and

10 ‘‘(iv) specific achievement and school

11 retention goals for the children and youth to

12 be served by the proposed program and how

13 progress toward achieving such goals will be

14 measured; and

15 ‘‘(B) provide assurances that—

16 ‘‘(i) the program funded will be inte17 grated with the overall educational pro18 gram; and

19 ‘‘(ii) the application has been devel20 oped in consultation with an advisory coun21 cil, the majority of whose members are par22 ents and other representatives of the chil23 dren and youth to be served in such pro24 grams.

25 ‘‘(i) LIMITATION ON FUNDING.—
915

•S 1513 RS

1 ‘‘(1) DEVELOPMENT AND ENHANCEMENT

2 GRANTS.—Not more than 25 percent of the total

3 amount of funds that the Secretary awards under

4 subsection (b) for any fiscal year shall be used to pro5 vide funding to bilingual education programs that do

6 not use the native language.

7 ‘‘(2) COMPREHENSIVE SCHOOL GRANTS.—Not

8 more than 25 percent of the total amount of funds

9 that the Secretary awards under subsection (c) for

10 any fiscal year shall be used to provide funding to bi11 lingual education programs that do not use the native

12 language.

13 ‘‘(3) SPECIAL RULE.—Notwithstanding para14 graphs (1) and (2), the Secretary is authorized to

15 award grants for bilingual education programs that

16 are not conducted in the native language if an appli17 cant has demonstrated that the applicant cannot de18 velop and implement a bilingual education program

19 that is conducted in the native language because—

20 ‘‘(A) the diversity of limited-English pro21 ficient students’ native languages and the small

22 number of students speaking each respective lan23 guage make instruction in the native language

24 impractical; or
916

•S 1513 RS

1 ‘‘(B) despite documented efforts, the appli2 cant has not been able to hire instructional per3 sonnel who are able to communicate in the stu4 dents’ native language.

5 ‘‘(j) STATE REVIEW OF APPLICATIONS UNDER PART

6 A.—In order for an eligible applicant to apply for funds

7 under this subpart, such applicant shall submit the applica8 tion to the State educational agency for review. The State

9 educational agency shall transmit such application to the

10 Secretary along with such agency’s timely comments on the

11 need within the State for the proposed program and whether

12 the proposed program is consistent with the State plan

13 under section 1111.

14 ‘‘(k) CAPACITY BUILDING.—

15 ‘‘(1) IN GENERAL.—Each recipient of a grant

16 under this section shall use the grant funds in ways

17 that will build such recipient’s capacity to continue

18 to offer high quality bilingual education programs

19 and services to children and youth of limited-English

20 proficiency once Federal assistance is reduced or

21 eliminated.

22 ‘‘(2) SPECIAL RULE.—In making awards under

23 this subpart for any fiscal year, the Secretary shall,

24 consistent with the quality of applications and the

25 funds available under this part, increase the amount
917

•S 1513 RS

1 of funds used to support grants under subsections (c)

2 and (d) over the amount used to support grants under

3 subsections (c) and (d) in the previous fiscal year.

4 ‘‘(l) CONSORTIA.—A local educational agency that re5 ceives a grant under this subpart may collaborate or form

6 a consortium with one or more local education agencies,

7 institutions of higher education, and nonprofit organiza8 tions to carry out a program described in an application

9 approved under this subpart.

10 ‘‘(m) SUBGRANTS.—A local educational agency that

11 receives a grant under this subpart may, with the approval

12 of the Secretary, make a subgrant to, or enter into a con13 tract with, an institution of higher education, a nonprofit

14 organization, or a consortium of such entities to carry out

15 a program described in an application approved under this

16 subpart, including a program to serve out-of-school youth.

17 ‘‘(n) PARENTAL NOTIFICATION.—

18 ‘‘(1) IN GENERAL.—Parents of a child or youth

19 of limited-English proficiency identified for enroll20 ment in bilingual education programs shall be in21 formed of the—

22 ‘‘(A) benefits and nature of the bilingual

23 educational program and of the instructional al24 ternatives; and
918

•S 1513 RS

1 ‘‘(B) reasons for the selection of their child

2 as being in need of bilingual education.

3 ‘‘(2) OPTION TO DECLINE.—(A) Parents of a

4 child or youth of limited-English proficiency identi5 fied for enrollment in bilingual education programs

6 shall be informed that such parents have the option

7 of declining enrollment of their children in such pro8 grams and shall be given an opportunity to do so if

9 such parents so choose.

10 ‘‘(B) Nothing in this section shall be construed to

11 relieve a local educational agency, community based

12 organization or consortium receiving assistance under

13 this part of any of their obligations under title VI of

14 the Civil Rights Act of 1964 because parents choose

15 not to enroll their children in bilingual education

16 programs.

17 ‘‘(3) INFORMATION.—Parents of a child or youth

18 of limited-English proficiency identified for enroll19 ment in bilingual education programs shall receive,

20 in a manner and form understandable to such par21 ents, including, if necessary and to the extent feasible,

22 in the native language of such parents, the informa23 tion required by this subsection. At a minimum, such

24 parents shall receive—
919

•S 1513 RS

1 ‘‘(A) timely information about projects

2 funded under this subpart; and

3 ‘‘(B) if the parents of participating children

4 so desire, notice of opportunities for regular

5 meetings for the purpose of formulating and re6 sponding to recommendations from such parents.

7 ‘‘(o) PROGRAMS FOR NATIVE AMERICANS AND PUERTO

8 RICO.—Programs authorized under this title that serve Na9 tive American children, and children in the Commonwealth

10 of Puerto Rico, notwithstanding any other provision of this

11 title, may include programs of instruction, teacher train12 ing, curriculum development, evaluation, and testing de13 signed for Native American children and youth learning

14 and studying Native American languages and children and

15 youth of limited-Spanish proficiency, except that one out16 come of such programs serving Native American children

17 shall be increased English proficiency among such children.

18 ‘‘Subpart 2—Research and Evaluation

19 ‘‘SEC. 7121. AUTHORITY.

20 ‘‘The Secretary is authorized to conduct data collec21 tion, dissemination, research, and evaluation activities for

22 the purpose of improving bilingual education programs for

23 children and youth of limited-English proficiency.
920

•S 1513 RS

1 ‘‘SEC. 7122. RESEARCH.

2 ‘‘(a) AWARDS.—The Secretary may award grants and

3 enter into contracts and cooperative agreements for research

4 and evaluation activities related to improving and main5 taining high quality bilingual educational programs for

6 persons of limited-English proficiency.

7 ‘‘(b) CONSULTATION.—The Secretary shall consult

8 with agencies and organizations that are engaged in bilin9 gual education research and practice, or related research,

10 and bilingual education researchers and practitioners to

11 identify areas of study and activities to be funded under

12 this section.

13 ‘‘(c) RESEARCH AND DISSEMINATION.—The Secretary,

14 through the Office of Educational Research and Improve15 ment, if appropriate, shall—

16 ‘‘(1) conduct research on effective instruction

17 practices for multilingual classes, and on effective in18 struction strategies to be used by teachers and other

19 staff who do not know the native language of a lim20 ited-English proficient child in their classrooms; and

21 ‘‘(2) disseminate the findings of such research.

22 ‘‘SEC. 7123. ACADEMIC EXCELLENCE AWARDS.

23 ‘‘(a) AWARDS.—The Secretary may award grants to,

24 and enter into contracts and cooperative agreements with,

25 State and local educational agencies, nonprofit organiza26 tions, and institutions of higher education to promote the
921

•S 1513 RS

1 adoption and implementation of bilingual education pro2 grams that demonstrate great promise of assisting children

3 and youth of limited-English proficiency to meet challeng4 ing State content standards and challenging State student

5 performance standards.

6 ‘‘(b) APPLICATIONS.—

7 ‘‘(1) IN GENERAL.—Each entity desiring an

8 award under this section shall submit an application

9 to the Secretary in such form, at such time, and con10 taining such information and assurances as the Sec11 retary may require.

12 ‘‘(2) PEER REVIEW.—The Secretary shall use a

13 peer review process, using effectiveness criteria that

14 the Secretary shall establish, to review applications

15 under this section.

16 ‘‘(c) USE OF FUNDS.—Funds under this section shall

17 be used to enhance the capacity of States and local edu18 cation agencies to provide high quality academic programs

19 for children and youth of limited-English proficiency,

20 which may include—

21 ‘‘(1) completing the development of such pro22 grams;

23 ‘‘(2) professional development of staff participat24 ing in bilingual education programs;

25 ‘‘(3) sharing strategies and materials; and
922

•S 1513 RS

1 ‘‘(4) supporting professional networks.

2 ‘‘(d) COORDINATION.—Recipients of funds under this

3 section shall coordinate the activities assisted under this sec4 tion with activities carried out by comprehensive regional

5 centers assisted under subpart 1 of part C of title II.

6 ‘‘SEC. 7124. STATE GRANT PROGRAM.

7 ‘‘(a) STATE GRANT PROGRAM.—The Secretary is au8 thorized to make an award to a State educational agency

9 that demonstrates, to the satisfaction of the Secretary, that

10 such agency effectively provides for the education of children

11 and youth of limited-English proficiency within the State.

12 ‘‘(b) PAYMENTS.—The amount paid to a State edu13 cational agency under subsection (a) shall not exceed 5 per14 cent of the total amount awarded to local educational agen15 cies within the State under subpart 1 for the previous fiscal

16 year, except that in no case shall the amount paid by the

17 Secretary to any State educational agency under this sub18 section for any fiscal year be less than $100,000.

19 ‘‘(c) USE OF FUNDS.—

20 ‘‘(1) IN GENERAL.—A State educational agency

21 may use funds for programs authorized by this sec22 tion to—

23 ‘‘(A) assist local educational agencies in the

24 State with program design, capacity building,
923

•S 1513 RS

1 assessment of student performance, and program

2 evaluation;

3 ‘‘(B) operate a bilingual education advisory

4 panel under subsection (d); and

5 ‘‘(C) collect data concerning children and

6 youth of limited-English proficiency.

7 ‘‘(2) SPECIAL RULE.—Recipients of awards

8 under this section shall not restrict the provision of

9 services under this section to federally funded pro10 grams.

11 ‘‘(d) STATE BILINGUAL EDUCATION ADVISORY

12 PANEL.—Each State educational agency that receives funds

13 under this section shall appoint a broad-based bilingual

14 education advisory panel, with substantial representation

15 from persons knowledgeable about the education of limited16 English proficient students, to develop and recommend to

17 the State educational agency guidelines for reviewing, and

18 providing the Secretary with comments regarding, applica19 tions for funds under subparts 1 and 3 that come from with20 in the State.

21 ‘‘(e) APPLICATIONS.—A State educational agency de22 siring to receive an award under this section shall submit

23 an application to the Secretary in such form, at such time,

24 containing such information and assurances as the Sec25 retary may require.
924

•S 1513 RS

1 ‘‘SEC. 7125. NATIONAL CLEARINGHOUSE FOR BILINGUAL

2 EDUCATION.

3 ‘‘(a) ESTABLISHMENT.—The Secretary shall establish

4 and support the operation of a National Clearinghouse for

5 Bilingual Education, which shall collect, analyze, syn6 thesize, and disseminate information about bilingual edu7 cation and related programs.

8 ‘‘(b) FUNCTIONS.—The National Clearinghouse for Bi9 lingual Education shall—

10 ‘‘(1) coordinate its activities with Federal data

11 and information clearinghouses and dissemination

12 networks and systems; and

13 ‘‘(2) develop a data base management and mon14 itoring system for improving the operation and effec15 tiveness of programs assisted under this part.

16 ‘‘SEC. 7126. EVALUATIONS.

17 ‘‘(a) PROGRAM EVALUATIONS UNDER SUBPART 1.—

18 ‘‘(1) IN GENERAL.—Each recipient of funds

19 under subpart 1 shall provide the Secretary with an

20 evaluation, in the form prescribed by the Secretary, of

21 the program assisted under such subpart every 2

22 years.

23 ‘‘(2) USE.—Such evaluation shall be used by a

24 recipient of funds under subpart 1—

25 ‘‘(A) to improve such program;
925

•S 1513 RS

1 ‘‘(B) to further define such program’s goals

2 and objectives; and

3 ‘‘(C) to determine program effectiveness.

4 ‘‘(3) CONTENTS.—Such evaluation shall in5 clude—

6 ‘‘(A) student outcome indicators that meas7 ure progress toward the challenging State stu8 dent performance standards set out in the State

9 plan approved or being developed under section

10 1111, including data comparing children and

11 youth of limited-English proficiency with

12 nonlimited-English proficient children and youth

13 with regard to school retention, academic

14 achievement, and gains in English (and, where

15 applicable, native language) proficiency;

16 ‘‘(B) program implementation indicators

17 that provide information for informing and im18 proving program management and effectiveness,

19 including data on appropriateness of curriculum

20 in relationship to grade and course requirements,

21 appropriateness of program management, appro22 priateness of the professional development of the

23 program staff, and appropriateness of the lan24 guage of instruction;
926

•S 1513 RS

1 ‘‘(C) program context indicators that de2 scribe the relationship of the activities funded

3 under the grant to the overall school program

4 and other Federal, State, or local programs serv5 ing children and youth of limited-English pro6 ficiency; and

7 ‘‘(D) such other information as the Sec8 retary may require.

9 ‘‘(b) PROGRAM EVALUATIONS UNDER SUBPART 3.—

10 ‘‘(1) IN GENERAL.—Each recipient of funds

11 under subpart 3 shall provide the Secretary with an

12 evaluation of the program assisted under such subpart

13 every 2 years.

14 ‘‘(2) DATA.—Such evaluation shall include data

15 on—

16 ‘‘(A) post-program placement of persons

17 trained;

18 ‘‘(B) how the training relates to the employ19 ment of persons served by the program;

20 ‘‘(C) program completion; and

21 ‘‘(D) such other information as the Sec22 retary may require.
927

•S 1513 RS

1 ‘‘Subpart 3—Professional Development

2 ‘‘SEC. 7131. PURPOSE.

3 ‘‘The purpose of this subpart is to improve the quality

4 of instruction for children and youth of limited-English

5 proficiency—

6 ‘‘(1) through professional development programs

7 designed—

8 ‘‘(A) for persons preparing to provide serv9 ices for children and youth of limited-English

10 proficiency;

11 ‘‘(B) to improve the skills of persons provid12 ing services to children and youth of limited13 English proficiency; and

14 ‘‘(C) for other staff in schools serving chil15 dren and youth of limited-English proficiency;

16 and

17 ‘‘(2) by disseminating information on appro18 priate instructional practices and activities for chil19 dren and youth of limited-English proficiency to

20 other school personnel, including teachers not serving

21 such children and youth.

22 ‘‘SEC. 7132. PROFESSIONAL DEVELOPMENT GRANTS.

23 ‘‘(a) GRANTS TO INSTITUTIONS OF HIGHER EDU24 CATION.—The Secretary is authorized to make grants to in25 stitutions of higher education for—
928

•S 1513 RS

1 ‘‘(1) preservice and inservice professional devel2 opment for individuals who are either involved in, or

3 preparing to be involved in, the provision of edu4 cational services for children and youth of limited5 English proficiency, which in the case of teachers who

6 are involved in the provision of such services may in7 clude release time with pay; and

8 ‘‘(2) national professional development institutes

9 that assist schools or departments of education in in10 stitutions of higher education to improve the quality

11 of professional development programs for personnel

12 serving, preparing to serve, or who may serve, chil13 dren and youth of limited-English proficiency.

14 ‘‘(b) GRANTS TO STATE AND LOCAL EDUCATIONAL

15 AGENCIES.—The Secretary may make grants to State and

16 local educational agencies for inservice professional develop17 ment programs that prepare school personnel to provide ef18 fective services to limited-English proficient students.

19 ‘‘(c) USE OF FUNDS FOR SECOND LANGUAGE COM20 PETENCE.—Awards under this section may be used to de21 velop a program participant’s competence in a second lan22 guage.

23 ‘‘(d) APPLICATIONS.—

24 ‘‘(1) IN GENERAL.—An institution of higher edu25 cation, or a State or local educational agency desir-
929

•S 1513 RS

1 ing to receive an award under this section shall sub2 mit, through its State educational agency, an appli3 cation to the Secretary, in such form, at such time,

4 and containing such information and assurances as

5 the Secretary may require.

6 ‘‘(2) CONSULTATION AND ASSESSMENT.—Each

7 such application shall contain a description of how

8 the applicant has consulted with, and assessed the

9 needs of, public and private schools serving children

10 and youth of limited-English proficiency to determine

11 such school’s need for, and the design of, the program

12 for which funds are sought.

13 ‘‘(3) SPECIAL RULE.—(A) An application for a

14 grant under subsection (a) from an applicant who

15 proposes to conduct a masters or doctoral-level pro16 gram with funds received under this section shall pro17 vide an assurance that such program will include, as

18 a part of the program, a training practicum in a

19 local school program serving children and youth of

20 limited-English proficiency.

21 ‘‘(B) A recipient of a grant under subsection (a)

22 may waive the requirement of a training practicum

23 for a degree candidate with significant experience in

24 a local school program serving children and youth of

25 limited-English proficiency.
930

•S 1513 RS

1 ‘‘(4) REVIEW.—In order for an institution of

2 higher education or a local educational agency to

3 apply for funds under this section, the State edu4 cational agency serving such institution shall review

5 the application and provide the Secretary with timely

6 comments on the need within the State for the pro7 posed program and whether the proposed program is

8 consistent with the State plan under section 1111 and

9 section 2125(b)(1).

10 ‘‘SEC. 7133. FELLOWSHIPS.

11 ‘‘(a) ACADEMIC FELLOWSHIPS.—The Secretary may

12 award fellowships for masters, doctoral, and post-doctoral

13 study related to instruction of children and youth of lim14 ited-English proficiency in such areas as teacher training,

15 program administration, research and evaluation, and cur16 riculum development, and for the support of dissertation

17 research related to such study.

18 ‘‘(b) REPAYMENT.—

19 ‘‘(1) IN GENERAL.—Any person receiving a fel20 lowship under this section shall agree to—

21 ‘‘(A) work in an activity related to the area

22 for which the assistance was awarded or in an

23 activity such as those authorized under this part

24 for a period of time equivalent to the period of
931

•S 1513 RS

1 time during which such person receives assist2 ance under this section; or

3 ‘‘(B) repay such assistance.

4 ‘‘(2) TERMS AND CONDITIONS.—The Secretary

5 shall establish in regulations such terms and condi6 tions for such agreement as the Secretary deems rea7 sonable and necessary and may waive the require8 ment of paragraph (1) in extraordinary cir9 cumstances.

10 ‘‘SEC. 7134. STIPENDS.

11 ‘‘The Secretary shall provide for the payment of such

12 stipends (including allowances for subsistence and other ex13 penses for such persons and their dependents), as the Sec14 retary determines to be appropriate, to persons participat15 ing in training programs under this subpart.

16 ‘‘PART B—FOREIGN LANGUAGE ASSISTANCE

17 PROGRAM

18 ‘‘SEC. 7201. SHORT TITLE.

19 ‘‘This part may be cited as the ‘Foreign Language As20 sistance Act of 1994’.

21 ‘‘SEC. 7202. FINDINGS.

22 ‘‘The Congress finds as follows:

23 ‘‘(1) Foreign language proficiency is crucial to

24 our Nation’s economic competitiveness and national

25 security. Significant improvement in the quantity
932

•S 1513 RS

1 and quality of foreign language instruction offered in

2 our Nation’s elementary and secondary schools is nec3 essary.

4 ‘‘(2) All Americans need a global perspective. To

5 understand the world around us, we must acquaint

6 ourselves with the languages, cultures, and history of

7 other nations.

8 ‘‘(3) Proficiency in two or more languages

9 should be promoted for all American students.

10 Multilingualism enhances cognitive and social

11 growth, competitiveness in the global marketplace, na12 tional security, and understanding of diverse people

13 and cultures.

14 ‘‘(4) The United States lags behind other devel15 oped countries in offering foreign language study to

16 elementary and secondary school students.

17 ‘‘(5) Four out of five new jobs in the United

18 States are created from foreign trade.

19 ‘‘(6) The optimum time to begin learning a sec20 ond language is in elementary school, when children

21 have the ability to learn and excel in several foreign

22 language acquisition skills, including pronunciation,

23 and when children are most open to appreciating and

24 valuing a culture other than their own.
933

•S 1513 RS

1 ‘‘(7) Foreign language study can increase chil2 dren’s capacity for critical and creative thinking

3 skills and children who study a second language show

4 greater cognitive development in areas such as mental

5 flexibility, creativity, tolerance, and higher order

6 thinking skills.

7 ‘‘(8) Children who have studied a foreign lan8 guage in elementary school achieve expected gains and

9 score higher on standardized tests of reading, lan10 guage arts, and mathematics than children who have

11 not studied a foreign language.

12 ‘‘SEC. 7203. PROGRAM AUTHORIZED.

13 ‘‘(a) PROGRAM AUTHORITY.—

14 ‘‘(1) IN GENERAL.—The Secretary shall make

15 grants, on a competitive basis, to State educational

16 agencies or local educational agencies to pay the Fed17 eral share of the cost of innovative model programs

18 providing for the establishment, improvement or ex19 pansion of foreign language study for elementary and

20 secondary school students.

21 ‘‘(2) DURATION.—Each grant under paragraph

22 (1) shall be awarded for a period of 3 years.

23 ‘‘(b) REQUIREMENTS.—

24 ‘‘(1) GRANTS TO STATE EDUCATIONAL AGEN25 CIES.—In awarding a grant under subsection (a) to
934

•S 1513 RS

1 a State educational agency, the Secretary shall sup2 port programs that promote systemic approaches to

3 improving foreign language learning in the State.

4 ‘‘(2) GRANTS TO LOCAL EDUCATIONAL AGEN5 CIES.—In awarding a grant under subsection (a) to

6 a local educational agency, the Secretary shall sup7 port programs that—

8 ‘‘(A) show the promise of being continued

9 beyond the grant period;

10 ‘‘(B) demonstrate approaches that can be

11 disseminated and duplicated in other local edu12 cational agencies; and

13 ‘‘(C) may include a professional develop14 ment component.

15 ‘‘(c) FEDERAL SHARE.—

16 ‘‘(1) IN GENERAL.—The Federal share for each

17 fiscal year shall be 50 percent.

18 ‘‘(2) WAIVER.—The Secretary may waive the re19 quirement of paragraph (1) for any local educational

20 agency which the Secretary determines does not have

21 adequate resources to pay the non-Federal share of the

22 cost of the activities assisted under this part.

23 ‘‘(3) SPECIAL RULE.—Not less than three-fourths

24 of the funds appropriated under section 7206 shall be
935

•S 1513 RS

1 used for the expansion of foreign language learning in

2 the elementary grades.

3 ‘‘(4) RESERVATION.—The Secretary may reserve

4 not more than 5 percent of funds appropriated under

5 section 7206 to evaluate the efficacy of programs

6 under this part.

7 ‘‘SEC. 7204. APPLICATIONS.

8 ‘‘(a) IN GENERAL.—Any State educational agency or

9 local educational agency desiring a grant under this part

10 shall submit an application to the Secretary at such time,

11 in such form, and containing such information and assur12 ances as the Secretary may require.

13 ‘‘(b) SPECIAL CONSIDERATION.—The Secretary shall

14 give special consideration to applications describing pro15 grams that—

16 ‘‘(1) include intensive summer foreign language

17 programs for professional development;

18 ‘‘(2) link non-native English speakers in the

19 community with the schools in order to promote two20 way language learning; or

21 ‘‘(3) promote the sequential study of a foreign

22 language for students, beginning in elementary

23 schools.
936

•S 1513 RS

1 ‘‘SEC. 7205. ELEMENTARY SCHOOL FOREIGN LANGUAGE IN2 CENTIVE PROGRAM.

3 ‘‘(a) INCENTIVE PAYMENTS.—From amounts appro4 priated under section 7206 the Secretary shall make an in5 centive payment for each fiscal year to each public elemen6 tary school that provides to students attending such school

7 a program designed to lead to communicative competency

8 in a foreign language.

9 ‘‘(b) AMOUNT.—The Secretary shall determine the

10 amount of the incentive payment under subsection (a) for

11 each public elementary school for each fiscal year on the

12 basis of the number of students participating in a program

13 described in such subsection at such school for such year

14 compared to the total number of such students at all such

15 schools in the United States for such year.

16 ‘‘(c) REQUIREMENT.—The Secretary shall consider a

17 program to be designed to lead to communicative com18 petency in a foreign language if such program is com19 parable to a program that provides at least 45 minutes of

20 instruction in a foreign language at least 4 days per week

21 throughout an academic year.

22 ‘‘SEC. 7206. AUTHORIZATION OF APPROPRIATIONS.

23 ‘‘There are authorized to be appropriated $35,000,000

24 for the fiscal year 1995, and such sums as may be necessary

25 for each of the 4 succeeding fiscal years, to carry out this
937

•S 1513 RS

1 part, of which not more than $20,000,000 may be used in

2 each fiscal year to carry out section 7205.

3 ‘‘PART C—ADMINISTRATION

4 ‘‘SEC. 7301. COORDINATION WITH RELATED PROGRAMS.

5 ‘‘In order to maximize the effectiveness of Federal ef6 forts aimed at serving the educational needs of children and

7 youth of limited-English proficiency, the Secretary shall co8 ordinate and ensure close cooperation with other programs

9 administered by the Department, including programs in

10 such areas as teacher training, program content, research,

11 and curriculum.

12 ‘‘SEC. 7302. REPORT ON BILINGUAL EDUCATION.

13 ‘‘The Secretary shall, within three years of the date

14 of enactment of the Improving America’s Schools Act of

15 1994, and every third year thereafter, submit to the Con16 gress a report on the condition of bilingual education. The

17 report shall include—

18 ‘‘(1) information regarding—

19 ‘‘(A) the grants, contracts, and cooperative

20 agreements made pursuant to this title in the

21 preceding 3 fiscal years;

22 ‘‘(B) the number of individuals benefiting

23 from the programs assisted under this title;

24 ‘‘(C) the evaluation of activities carried out

25 under this title during the preceding 3 fiscal
938

•S 1513 RS

1 years and the extent to which each such activity

2 achieves the policy set forth in section 7103(a);

3 ‘‘(D) an estimate of the number of teachers

4 and other school personnel for bilingual edu5 cation that will be necessary for the 3 succeeding

6 fiscal years; and

7 ‘‘(E) the research activities carried out

8 under this title during the preceding 3 fiscal

9 years and the major findings of such research ac10 tivities; and

11 ‘‘(2) an analysis and synthesis of such informa12 tion.

13 ‘‘SEC. 7303. STATE EDUCATIONAL AGENCY RECOMMENDA14 TIONS; PEER REVIEW.

15 ‘‘(a) STATE EDUCATIONAL AGENCY RECOMMENDA16 TIONS.—In making awards under part A, the Secretary

17 shall take State educational agency recommendations into

18 account.

19 ‘‘(b) PEER REVIEW.—

20 ‘‘(1) IN GENERAL.—In making awards under

21 part A and in making funding decisions for continu22 ation grants under such parts, the Secretary may so23 licit recommendations from peer review panels com24 posed of individuals experienced in aspects of the edu25 cation of limited-English proficient students.
939

•S 1513 RS

1 ‘‘(2) FUNDING.—The Secretary may use not

2 more than 0.2 percent of the total amount of funds

3 appropriated for each fiscal year for programs au4 thorized under this title for peer review of applica5 tions for assistance under such programs.

6 ‘‘PART D—SPECIAL RULE

7 ‘‘SEC. 7401. SPECIAL RULE.

8 ‘‘Notwithstanding any other provision of law, no re9 cipient of a grant under title VII of this Act (as such title

10 was in effect on the day preceding the date of enactment

11 of the Improving America’s Schools Act of 1994) shall be

12 eligible for fourth- and fifth-year renewals authorized by

13 section 7021(d)(1)(C) of such title (as such section was in

14 effect on the day preceding the date of enactment of such

15 Act).

16 ‘‘TITLE VIII—PROGRAMS OF

17 NATIONAL SIGNIFICANCE

18 ‘‘PART A—ARTS IN EDUCATION

19 ‘‘SEC. 8101. SUPPORT FOR ARTS EDUCATION.

20 ‘‘(a) FINDINGS.—The Congress finds that—

21 ‘‘(1) the arts are forms of understanding and

22 ways of knowing that are fundamentally important to

23 education;

24 ‘‘(2) the arts are important to excellent edu25 cation and to effective school reform;
940

•S 1513 RS

1 ‘‘(3) the most significant contribution of the arts

2 to education reform is the transformation of teaching

3 and learning;

4 ‘‘(4) such transformation is best realized in the

5 context of comprehensive, systemic education reform;

6 ‘‘(5) demonstrated competency in the arts for

7 American students is among the National Education

8 Goals;

9 ‘‘(6) arts education should be an integral part of

10 the elementary and secondary school curriculum;

11 ‘‘(7) participation in performing arts activities

12 has proven to be an effective strategy for promoting

13 the inclusion of persons with disabilities in main14 stream settings; and

15 ‘‘(8) opportunities in the arts have enabled per16 sons of all ages with disabilities to participate more

17 fully in school and community activities.

18 ‘‘(b) PURPOSE.—The purposes of this part are to—

19 ‘‘(1) support systemic education reform by

20 strengthening arts education as an integral part of

21 the elementary and secondary school curriculum;

22 ‘‘(2) help ensure that all students have the oppor23 tunity to learn to challenging State content standards

24 and challenging State student performance standards

25 in the arts; and
941

•S 1513 RS

1 ‘‘(3) support the national effort to enable all stu2 dents to demonstrate competence in the arts in ac3 cordance with the National Education Goals.

4 ‘‘(c) ELIGIBLE RECIPIENTS.—In order to carry out the

5 purposes of this part, the Secretary is authorized to award

6 grants to, or enter into contracts or cooperative agreements

7 with—

8 ‘‘(1) State educational agencies;

9 ‘‘(2) local educational agencies;

10 ‘‘(3) institutions of higher education;

11 ‘‘(4) museums and other cultural institutions;

12 and

13 ‘‘(5) other public and private agencies, institu14 tions, and organizations.

15 ‘‘(d) AUTHORIZED ACTIVITIES.—Funds under this

16 part may be used for—

17 ‘‘(1) research on arts education;

18 ‘‘(2) the development of, and dissemination of in19 formation about, model arts education programs;

20 ‘‘(3) the development of model arts education as21 sessments based on high standards;

22 ‘‘(4) the development and implementation of cur23 riculum frameworks for arts education;
942

•S 1513 RS

1 ‘‘(5) the development of model preservice and in2 service professional development programs for arts

3 educators and other instructional staff;

4 ‘‘(6) supporting collaborative activities with

5 other Federal agencies or institutions involved in arts

6 education, such as the National Endowment for the

7 Arts, the Institute of Museum Services, the John F.

8 Kennedy Center for the Performing Arts, Very Special

9 Arts, and the National Gallery of Art;

10 ‘‘(7) supporting model projects and programs in

11 the performing arts for children and youth through

12 arrangements made with the John F. Kennedy Center

13 for the Performing Arts;

14 ‘‘(8) supporting model projects and programs de15 veloped by Very Special Arts which assure the par16 ticipation in mainstream settings in arts and edu17 cation programs of persons of all ages with disabil18 ities;

19 ‘‘(9) supporting model projects and programs to

20 integrate arts education into the regular elementary

21 and secondary school curriculum; and

22 ‘‘(10) other activities that further the purposes of

23 this part.

24 ‘‘(e) COORDINATION.—
943

•S 1513 RS

1 ‘‘(1) IN GENERAL.—A recipient of funds under

2 this part shall, to the extent possible, coordinate

3 projects assisted under this part with appropriate ac4 tivities of public and private cultural agencies, insti5 tutions, and organizations, including museums, arts

6 education associations, libraries, and theaters.

7 ‘‘(2) SPECIAL RULE.—In carrying out this part,

8 the Secretary shall coordinate with the National En9 dowment for the Arts, the Institute of Museum Serv10 ices, the John F. Kennedy Center for the Performing

11 Arts, Very Special Arts, and the National Gallery of

12 Art.

13 ‘‘(f) AUTHORIZATION.—

14 ‘‘(1) IN GENERAL.—For the purpose of carrying

15 out this part, there are authorized to be appropriated

16 $11,000,000 for fiscal year 1995 and such sums as

17 may be necessary for each of the 4 succeeding fiscal

18 years.

19 ‘‘(2) SPECIAL RULE.—If the amount appro20 priated under paragraph (1) for any fiscal year is

21 $9,000,000 or less, then such amount shall only be

22 available to carry out the activities described in para23 graphs (7) and (8) of subsection (d).
944

•S 1513 RS

1 ‘‘PART B—INEXPENSIVE BOOK DISTRIBUTION

2 PROGRAM

3 ‘‘SEC. 8151. INEXPENSIVE BOOK DISTRIBUTION PROGRAM

4 FOR READING MOTIVATION.

5 ‘‘(a) AUTHORIZATION.—The Secretary is authorized to

6 enter into a contract with Reading is Fundamental (RIF)

7 (hereafter in this section referred to as ‘the contractor’) to

8 support and promote programs, which include the distribu9 tion of inexpensive books to students, that motivate children

10 to read.

11 ‘‘(b) REQUIREMENTS OF CONTRACT.—Any contract

12 entered into under subsection (a) shall—

13 ‘‘(1) provide that the contractor will enter into

14 subcontracts with local private nonprofit groups or

15 organizations or with public agencies under which

16 each subcontractor will agree to establish, operate,

17 and provide the non-Federal share of the cost of read18 ing motivation programs that include the distribution

19 of books, by gift, to the extent feasible, or loan, to chil20 dren from birth through secondary school age;

21 ‘‘(2) provide that funds made available to sub22 contractors will be used only to pay the Federal share

23 of the cost of such programs;

24 ‘‘(3) provide that in selecting subcontractors for

25 initial funding, the contractor will give priority to
945

•S 1513 RS

1 programs that will serve a substantial number or per2 centage of children with special needs, such as—

3 ‘‘(A) low-income children, particularly in

4 high-poverty areas;

5 ‘‘(B) children at risk of school failure;

6 ‘‘(C) children with disabilities;

7 ‘‘(D) foster children;

8 ‘‘(E) homeless children;

9 ‘‘(F) migrant children;

10 ‘‘(G) children without access to libraries;

11 ‘‘(H) institutionalized or incarcerated chil12 dren; and

13 ‘‘(I) children whose parents are institu14 tionalized or incarcerated;

15 ‘‘(4) provide that the contractor will provide

16 such technical assistance to subcontractors as may be

17 necessary to carry out the purpose of this section;

18 ‘‘(5) provide that the contractor will annually

19 report to the Secretary the number of, and describe,

20 programs funded under paragraph (3); and

21 ‘‘(6) include such other terms and conditions as

22 the Secretary determines to be appropriate to ensure

23 the effectiveness of such programs.

24 ‘‘(c) RESTRICTION ON PAYMENTS.—The Secretary

25 shall make no payment of the Federal share of the cost of
946

•S 1513 RS

1 acquiring and distributing books under any contract under

2 this section unless the Secretary determines that the con3 tractor or subcontractor, as the case may be, has made ar4 rangements with book publishers or distributors to obtain

5 books at discounts at least as favorable as discounts that

6 are customarily given by such publisher or distributor for

7 book purchases made under similar circumstances in the

8 absence of Federal assistance.

9 ‘‘(d) DEFINITION OF ‘FEDERAL SHARE’.—For the pur10 pose of this section, the term ‘Federal share’ means, with

11 respect to the cost to a subcontractor of purchasing books

12 to be paid under this section, 75 percent of such costs to

13 the subcontractor, except that the Federal share for pro14 grams serving children of migrant or seasonal farmworkers

15 shall be 100 percent of such costs to the subcontractor.

16 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—For the

17 purpose of carrying out this section, there are authorized

18 to be appropriated $11,000,000 for fiscal year 1995 and

19 such sums as may be necessary for each of the 4 succeeding

20 fiscal years.

21 ‘‘PART C—PUBLIC CHARTER SCHOOLS

22 ‘‘SEC. 8201. FINDINGS AND PURPOSE.

23 ‘‘(a) FINDINGS.—The Congress finds that—

24 ‘‘(1) enhancement of parent and student choices

25 among public schools can assist in promoting com-
947

•S 1513 RS

1 prehensive educational reform and give more students

2 the opportunity to learn to challenging State content

3 standards and challenging State student performance

4 standards, if sufficiently diverse and high-quality

5 choices, and genuine opportunities to take advantage

6 of such choices, are available to all students;

7 ‘‘(2) useful examples of such choices can come

8 from States and communities that experiment with

9 methods of offering teachers and other educators, par10 ents, and other members of the public the opportunity

11 to design and implement new public schools and to

12 transform existing public schools;

13 ‘‘(3) the new schools developed through such proc14 ess should be free to test a variety of educational ap15 proaches and should, therefore, be exempted from re16 strictive rules and regulations if the leadership of

17 such schools commits to attaining specific and ambi18 tious educational results for students consistent with

19 challenging State content standards and challenging

20 State student performance standards for all students;

21 ‘‘(4) charter schools, as such schools have been

22 implemented in a few States, can embody the nec23 essary mixture of enhanced choice, exemption from re24 strictive regulations, and a focus on learning gains;
948

•S 1513 RS

1 ‘‘(5) charter schools, including charter schools

2 that are schools-within-schools, can help reduce school

3 size, which reduction can have a significant effect on

4 student achievement; and

5 ‘‘(6) the Federal Government should test, evalu6 ate, and disseminate information on a variety of

7 charter school models in order to help demonstrate the

8 benefits of this promising educational reform.

9 ‘‘(b) PURPOSE.—It is the purpose of this part to in10 crease national understanding of the charter schools model

11 by—

12 ‘‘(1) providing financial assistance for the design

13 and initial implementation of charter schools; and

14 ‘‘(2) evaluating the effects of such schools, includ15 ing the effects on students, staff, and parents.

16 ‘‘SEC. 8202. PROGRAM AUTHORIZED.

17 ‘‘(a) IN GENERAL.—The Secretary may award grants

18 to State educational agencies having applications approved

19 pursuant to section 8203 to enable such agencies to conduct

20 a charter school grant program in accordance with this

21 part.

22 ‘‘(b) SPECIAL RULE.—If a State educational agency

23 elects not to participate in the program authorized by this

24 part or does not have an application approved under sec25 tion 8203, the Secretary may award a grant to an eligible
949

•S 1513 RS

1 applicant that serves such State and has an application

2 approved pursuant to section 8203(c).

3 ‘‘(c) PROGRAM PERIODS.—

4 ‘‘(1) GRANTS TO STATES.—Grants awarded to

5 State educational agencies under this part shall be

6 awarded for a period of not more than 3 years.

7 ‘‘(2) GRANTS TO ELIGIBLE APPLICANTS.—Grants

8 awarded by the Secretary or by State educational

9 agencies to eligible applicants under this part shall be

10 awarded for a period of not more than 3 years, of

11 which the eligible applicant may use—

12 ‘‘(A) not more than 18 months for planning

13 and program design; and

14 ‘‘(B) not more than 2 years for the initial

15 implementation of a charter school.

16 ‘‘(d) LIMITATION.—The Secretary and State edu17 cational agencies shall not award more than one grant

18 under this part to support a particular charter school.

19 ‘‘(e) USE OF GRANTS.—

20 ‘‘(1) STATE EDUCATIONAL AGENCIES.—Each

21 State educational agency receiving a grant under this

22 part shall use such grant funds to award grants to

23 one or more eligible applicants in the State to enable

24 such applicant to plan and implement a charter

25 school in accordance with this part.
950

•S 1513 RS

1 ‘‘(2) ELIGIBLE APPLICANTS.—Each eligible ap2 plicant receiving a grant from the Secretary or a

3 State educational agency shall use such grant funds

4 to plan and implement a charter school in accordance

5 with this part.

6 ‘‘(3) ADMINISTRATIVE EXPENSES.—Each State

7 educational agency receiving a grant pursuant to this

8 part may reserve not more than 5 percent of such

9 grant funds for administrative expenses associated

10 with the charter school grant program assisted under

11 this part.

12 ‘‘(4) REVOLVING LOAN FUNDS.—Each State edu13 cational agency receiving a grant pursuant to this

14 part may reserve not more than 20 percent of the

15 grant amount for the establishment of a revolving

16 loan fund. Such fund may be used to make loans to

17 eligible applicants that have received a grant under

18 this part, under such terms as may be determined by

19 the State educational agency, for the initial operation

20 of the charter school grant program of such recipient

21 until such time as the recipient begins receiving ongo22 ing operational support from State or local financing

23 sources.
951

•S 1513 RS

1 ‘‘SEC. 8203. APPLICATIONS.

2 ‘‘(a) APPLICATIONS FROM STATE AGENCIES.—Each

3 State educational agency desiring a grant under this part

4 shall submit to the Secretary an application at such time,

5 in such manner, and containing or accompanied by such

6 information as the Secretary may require.

7 ‘‘(b) CONTENTS.—Each application submitted pursu8 ant to subsection (a) shall—

9 ‘‘(1) describe the objectives of the State edu10 cational agency’s charter school grant program and a

11 description of how such objectives shall be fulfilled, in12 cluding steps taken by the State educational agency

13 to inform teachers, parents, and communities of the

14 State educational agency’s charter school grant pro15 gram and the availability of grants for the establish16 ment of such schools;

17 ‘‘(2) contain assurances that the State edu18 cational agency—

19 ‘‘(A) has granted, will grant, or will obtain,

20 a waiver of all State law applicable to each

21 charter school receiving a grant under this sec22 tion, except that this subparagraph only shall

23 apply to a State that has enacted a statute re24 garding the waiver of State law for charter

25 schools to the extent permitted by such statute;

26 and
952

•S 1513 RS

1 ‘‘(B) will assist each eligible applicant in

2 the State in receiving a waiver under section

3 8204(d);

4 ‘‘(3) contain assurances that the State edu5 cational agency will require each eligible applicant

6 receiving a grant to submit an application to the

7 State educational agency containing—

8 ‘‘(A) a description of the educational pro9 gram to be implemented by the proposed charter

10 school, including—

11 ‘‘(i) how the program will enable all

12 students to meet State student performance

13 standards;

14 ‘‘(ii) the grade levels or ages of children

15 to be served; and

16 ‘‘(iii) the curriculum and instructional

17 practices to be used;

18 ‘‘(B) a description of how the charter school

19 will be managed;

20 ‘‘(C) a description of—

21 ‘‘(i) the objectives of the charter school;

22 and

23 ‘‘(ii) the method by which the charter

24 school will determine its progress toward

25 achieving those objectives;
953

•S 1513 RS

1 ‘‘(D) a description of the administrative re2 lationship between the charter school and the au3 thorized public chartering agency;

4 ‘‘(E) a description of how parents and other

5 members of the community will be involved in

6 the design and implementation of the charter

7 school;

8 ‘‘(F) a description of how the authorized

9 public chartering agency will provide for contin10 ued operation of the school once the Federal

11 grant has expired if such agency determines that

12 the school has met the objectives described in sub13 paragraph (C)(i);

14 ‘‘(G) a request and justification for waivers

15 of any Federal or State statutory or regulatory

16 requirements that the applicant believes are nec17 essary for the successful operation of the charter

18 school;

19 ‘‘(H) a description of how the grant funds

20 will be used, including a description of how

21 grant funds will be used in conjunction with

22 other Federal programs administered by the Sec23 retary;

24 ‘‘(I) a description of how students in the

25 community will be—
954

•S 1513 RS

1 ‘‘(i) informed about the charter school;

2 and

3 ‘‘(ii) given an equal opportunity to at4 tend the charter school;

5 ‘‘(J) an assurance that the eligible appli6 cant will annually provide the Secretary and the

7 State educational agency such information as

8 may be required to determine if the charter

9 school is making satisfactory progress toward

10 achieving the objectives described in subpara11 graph (C)(i);

12 ‘‘(K) an assurance that the applicant will

13 cooperate with the Secretary and the State edu14 cational agency in evaluating the program as15 sisted under this part; and

16 ‘‘(L) such other information and assurances

17 as the Secretary and the State educational agen18 cy may require.

19 ‘‘(c) APPLICATIONS FROM ELIGIBLE APPLICANTS.—

20 Each eligible applicant desiring a grant pursuant to section

21 8202(e)(1) or 8202(b) shall submit an application to the

22 State educational agency or Secretary, respectively, at such

23 time, in such manner, and accompanied by such informa24 tion as the State educational agency or Secretary, respec25 tively, may reasonably require. Each such application shall
955

•S 1513 RS

1 contain the information and assurances described in sub2 paragraphs (A) through (L) of subsection (b)(3), except that

3 for purpose of this sentence subparagraphs (J), (K), and

4 (L) of such subsection shall be applied by striking ‘‘and the

5 State educational agency’’ each place such term appears.

6 ‘‘SEC. 8204. ADMINISTRATION.

7 ‘‘(a) ADMINISTRATION CRITERIA.—The Secretary shall

8 select grant recipients under this part on the basis of the

9 quality of the applications submitted under section 8203,

10 after taking into consideration factors, such as—

11 ‘‘(1) the contribution that charter school will

12 make to achieving State content standards and State

13 student performance standards and, in general, a

14 State’s education improvement plan;

15 ‘‘(2) the degree of flexibility afforded by the State

16 and local educational agencies in grant waivers and

17 otherwise assisting teachers and others in establishing

18 charter schools within the State;

19 ‘‘(3) the quality of the proposed curriculum and

20 instructional practices;

21 ‘‘(4) the degree of flexibility afforded by the State

22 educational agency and, if applicable, the local edu23 cational agency, to the charter school;

24 ‘‘(5) the extent of community support for the ap25 plication;
956

•S 1513 RS

1 ‘‘(6) the ambitiousness of the objectives for the

2 charter school;

3 ‘‘(7) the quality of the plan for assessing achieve4 ment of such objectives; and

5 ‘‘(8) the likelihood that the charter school will

6 meet such objectives and improve educational results

7 for students.

8 ‘‘(b) PEER REVIEW.—The Secretary, and each State

9 educational agency receiving a grant under this part, shall

10 use a peer review process to review applications for grants

11 under this part.

12 ‘‘(c) DIVERSITY OF PROJECTS.—The Secretary and

13 each State educational agency receiving a grant under this

14 part, shall award grants under this part in a manner that,

15 to the extent possible, ensures that such grants—

16 ‘‘(1) are distributed throughout different areas of

17 the Nation and each State, including urban and rural

18 areas; and

19 ‘‘(2) will assist charter schools representing a va20 riety of educational approaches, such as approaches

21 designed to reduce school size.

22 ‘‘(d) WAIVERS.—The Secretary may waive any statu23 tory or regulatory requirement over which the Secretary ex24 ercises administrative authority except any such require-
957

•S 1513 RS

1 ment relating to the elements of a charter school described

2 in section 8207(1), if—

3 ‘‘(1) the waiver is requested in an approved ap4 plication under this part; and

5 ‘‘(2) the Secretary determines that granting such

6 a waiver will promote the purpose of this part.

7 ‘‘SEC. 8205. USES OF FUNDS.

8 ‘‘A recipient of a grant under this part may use the

9 grant funds only for—

10 ‘‘(1) post-award planning and design of the edu11 cational program, which may include—

12 ‘‘(A) refinement of the desired educational

13 results and of the methods for measuring

14 progress toward achieving those results; and

15 ‘‘(B) professional development of teachers

16 and other staff who will work in the charter

17 school; and

18 ‘‘(2) initial implementation of the charter school,

19 which may include—

20 ‘‘(A) informing the community about the

21 school;

22 ‘‘(B) acquiring necessary equipment and

23 educational materials and supplies;

24 ‘‘(C) acquiring or developing curriculum

25 materials;
958

•S 1513 RS

1 ‘‘(D) minor remodeling or renovation of fa2 cilities needed to meet State or local health or

3 safety laws or regulations; and

4 ‘‘(E) other initial operational costs that

5 cannot be met from State or local sources.

6 ‘‘SEC. 8206. NATIONAL ACTIVITIES.

7 ‘‘The Secretary may reserve not more than 10 percent

8 of the funds available to carry out this part for any fiscal

9 year for—

10 ‘‘(1) peer review of applications under section

11 8204;

12 ‘‘(2) an evaluation of charter schools, including

13 those assisted under this part; and

14 ‘‘(3) other activities designed to enhance the suc15 cess of the activities assisted under this part, such

16 as—

17 ‘‘(A) development and dissemination of

18 model State charter school laws and model con19 tracts or other means of authorizing and mon20 itoring the performance of charter schools;

21 ‘‘(B) collection and dissemination of infor22 mation on successful charter schools; and

23 ‘‘(C) conferences, publications, and use of

24 telecommunications and other means to share
959

•S 1513 RS

1 ideas and information among grant recipients

2 and others about charter schools.

3 ‘‘SEC. 8207. DEFINITIONS.

4 ‘‘As used in this part:

5 ‘‘(1) The term ‘charter school’ means a public

6 school that—

7 ‘‘(A) in accordance with an enabling State

8 statute, is exempted from significant State or

9 local rules that inhibit the flexible operation and

10 management of public schools, but not from any

11 rules relating to the other requirements of this

12 paragraph;

13 ‘‘(B) is created by a developer as a public

14 school, or is adapted by a developer from an ex15 isting public school;

16 ‘‘(C) operates in pursuit of a specific set of

17 educational objectives determined by the school’s

18 developer and agreed to by the authorized public

19 chartering agency;

20 ‘‘(D) provides a program of elementary or

21 secondary education, or both;

22 ‘‘(E) is nonsectarian in its programs, ad23 missions policies, employment practices, and all

24 other operations, and is not affiliated with a sec25 tarian school or religious institution;
960

•S 1513 RS

1 ‘‘(F) does not charge tuition;

2 ‘‘(G) complies with the Age Discrimination

3 Act, title VI of the Civil Rights Act of 1964, title

4 IX of the Education Amendments of 1972, sec5 tion 504 of the Rehabilitation Act of 1973, and

6 part B of the Individuals with Disabilities Edu7 cation Act;

8 ‘‘(H) admits students on the basis of a lot9 tery, if more students apply for admission than

10 can be accommodated;

11 ‘‘(I) agrees to comply with the same Federal

12 and State audit requirements as do other schools

13 in the State, unless such requirements are spe14 cifically waived for the purpose of this program;

15 and

16 ‘‘(J) meets all applicable Federal, State,

17 and local health and safety requirements.

18 ‘‘(2) The term ‘developer’ means an individual

19 or group of individuals (including a public or private

20 nonprofit organization), which may include teachers,

21 administrators and other school staff, parents, or

22 other members of the local community in which a

23 charter school project will be carried out.

24 ‘‘(3) The term ‘eligible applicant’ means an au25 thorized public chartering agency participating in a
961

•S 1513 RS

1 partnership with a developer to establish a charter

2 school in accordance with this part.

3 ‘‘(4) The term ‘authorized public chartering

4 agency’ means a State educational agency, local edu5 cational agency, or other public entity that has the

6 authority pursuant to State law to authorize or ap7 prove a charter school.

8 ‘‘SEC. 8208. AUTHORIZATION OF APPROPRIATIONS.

9 ‘‘For the purpose of carrying out this part, there are

10 authorized to be appropriated $15,000,000 for fiscal year

11 1995 and such sums as may be necessary for each of the

12 4 succeeding fiscal years.

13 ‘‘PART D—CIVIC EDUCATION

14 ‘‘SEC. 8251. INSTRUCTION ON THE HISTORY AND PRIN15 CIPLES OF DEMOCRACY IN THE UNITED

16 STATES.

17 ‘‘(a) GENERAL AUTHORITY.—

18 ‘‘(1) PROGRAM ESTABLISHED.—(A) The Sec19 retary is authorized to carry out a program to en20 hance the attainment of the third and sixth National

21 Education Goals by educating students about the his22 tory and principles of the Constitution of the United

23 States, including the Bill of Rights, and to foster civic

24 competence and responsibility.
962

•S 1513 RS

1 ‘‘(B) Such program shall be known as ‘We the

2 People . . . The Citizen and the Constitution’.

3 ‘‘(2) EDUCATIONAL ACTIVITIES.—The program

4 required by paragraph (1) shall—

5 ‘‘(A) continue and expand the educational

6 activities of the ‘We the People . . . The Citizen

7 and the Constitution’ program administered by

8 the Center for Civic Education; and

9 ‘‘(B) enhance student attainment of chal10 lenging content standards in civics and govern11 ment.

12 ‘‘(3) CONTRACT OR GRANT AUTHORIZED.—The

13 Secretary is authorized to enter into a contract or

14 grant with the Center for Civic Education to carry

15 out the program described in paragraph (1).

16 ‘‘(b) PROGRAM CONTENT.—The education program

17 authorized by this section shall provide—

18 ‘‘(1) a course of instruction on the basic prin19 ciples of our constitutional democracy and the history

20 of the Constitution and the Bill of Rights;

21 ‘‘(2) at the request of a participating school,

22 school and community simulated congressional hear23 ings following the course of study; and
963

•S 1513 RS

1 ‘‘(3) an annual national competition of simu2 lated congressional hearings for secondary students

3 who wish to participate in such program.

4 ‘‘(c) PROGRAM CONTENT.—The education program au5 thorized by this section shall be made available to public

6 and private elementary and secondary schools in the 435

7 congressional districts, the Commonwealth of Puerto Rico,

8 the Virgin Islands, Guam, American Samoa, and the Dis9 trict of Columbia.

10 ‘‘(d) SPECIAL RULE.—After the provisions of sub11 section (b) have been implemented, funds provided under

12 this section may be used for—

13 ‘‘(1) advanced training of teachers about the

14 United States Constitution and the political system

15 the United States created; or

16 ‘‘(2) a course of instruction at the middle school

17 level on the roles of State and local governments in

18 the Federal system established by the Constitution,

19 which course shall provide for—

20 ‘‘(A) optional school and community simu21 lated State legislative hearings;

22 ‘‘(B) an annual competition of simulated

23 legislative hearings at the State legislative dis24 trict, State, and national levels for middle school
964

•S 1513 RS

1 students who wish to participate in the program;

2 and

3 ‘‘(C) participation by public and private

4 middle schools in the 50 States, the District of

5 Columbia, Commonwealth of Puerto Rico, Guam,

6 American Samoa, the Virgin Islands, the Com7 monwealth of the Northern Mariana Islands, the

8 Republic of the Marshall Islands, the Federated

9 States of Micronesia, and Palau.

10 ‘‘SEC. 8252. INSTRUCTION IN CIVICS, GOVERNMENT, AND

11 THE LAW.

12 ‘‘(a) PROGRAM ESTABLISHED.—The Secretary is au13 thorized to carry out a program of grants and contracts

14 to assist State and local educational agencies and other

15 public and private nonprofit agencies, organizations and

16 institutions to enhance—

17 ‘‘(1) attainment by students of challenging State

18 content standards and challenging State student per19 formance standards in civics, government, and the

20 law; and

21 ‘‘(2) attainment by the Nation of the third and

22 the sixth National Education Goals.

23 ‘‘(b) AUTHORIZED ACTIVITIES.—Assistance under this

24 section may support new and ongoing programs in elemen25 tary and secondary schools that provide for—
965

•S 1513 RS

1 ‘‘(1) the development and implementation of cur2 ricular programs that enhance student understanding

3 of—

4 ‘‘(A) the values and principles which under5 lie, and the institutions and processes which

6 comprise, our Nation’s system of government;

7 ‘‘(B) the role of law in our constitutional

8 democracy, including activities to promote—

9 ‘‘(i) legal literacy;

10 ‘‘(ii) a dedication by students to the

11 use of nonviolent means of conflict resolu12 tion such as arbitration, mediation, nego13 tiation, trials, and appellate hearings; and

14 ‘‘(iii) respect for cultural diversity and

15 acceptance of cultural differences; and

16 ‘‘(C) the rights and responsibilities of citi17 zenship;

18 ‘‘(2) professional development for teachers, in19 cluding preservice and inservice training;

20 ‘‘(3) outside-the-classroom learning experiences

21 for students, including community service activities;

22 ‘‘(4) the active participation of community lead23 ers, from the public and private sectors, in the schools;

24 and
966

•S 1513 RS

1 ‘‘(5) the provision of technical assistance to State

2 and local educational agencies and other institutions

3 and organizations working to further the progress of

4 the Nation in attaining the third and sixth National

5 Education Goals regarding civics and government.

6 ‘‘(c) APPLICATIONS, PEER REVIEW AND PRIORITY.—

7 ‘‘(1) SUBMISSION OF APPLICATIONS.—A State or

8 local educational agency, other public or private non9 profit agency, organization, or institution that desires

10 to receive a grant or enter into a contract under this

11 section shall submit an application to the Secretary

12 at such time, in such manner, and containing or ac13 companied by such information as the Secretary may

14 reasonably require.

15 ‘‘(2) PEER REVIEW.—(A) The Secretary shall

16 convene a panel of individuals for purpose of review17 ing and rating applications submitted under para18 graph (1).

19 ‘‘(B) Such individuals shall have experience with

20 education programs in civics, government, and the

21 law.

22 ‘‘(3) PRIORITY.—In making grants or awarding

23 contracts under this section, the Secretary shall give

24 priority consideration to applications which propose

25 the operation of statewide programs.
967

•S 1513 RS

1 ‘‘(d) DURATION OF GRANTS AND EXCEPTION.—

2 ‘‘(1) DURATION.—Except as provided in para3 graph (2), the Secretary shall make grants and enter

4 into contracts under this section for periods of two or

5 three years.

6 ‘‘(2) EXCEPTION.—The Secretary may make a

7 grant or enter into a contract under this section for

8 a period of less than 2 years if the Secretary deter9 mines that special circumstances exist which warrant

10 a 1-year grant or contract award.

11 ‘‘SEC. 8253. REPORT; AUTHORIZATION OF APPROPRIA12 TIONS.

13 ‘‘(a) REPORT.—The Secretary shall report, on a bien14 nial basis and in accordance with section 10701, to the

15 Committee on Education and Labor of the House of Rep16 resentatives and to the Committee on Labor and Human

17 Resources of the Senate regarding the distribution and use

18 of funds authorized under this part.

19 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—

20 ‘‘(1) IN GENERAL.—To carry out this part, there

21 are authorized to be appropriated $20,000,000 for fis22 cal year 1995 and such sums as necessary for each of

23 the 4 succeeding fiscal years.
968

•S 1513 RS

1 ‘‘(2) ALLOCATION.—From the amount appro2 priated under subsection (a), the Secretary shall allo3 cate—

4 ‘‘(A) 50 percent of such amount to carry out

5 section 8251; and

6 ‘‘(B) 50 percent of such amount to carry

7 out section 8252.

8 ‘‘PART E—ALLEN J. ELLENDER FELLOWSHIP

9 PROGRAM

10 ‘‘SEC. 8301. FINDINGS.

11 ‘‘The Congress finds as follows:

12 ‘‘(1) It is a worthwhile goal to ensure that all

13 students in America are prepared for responsible citi14 zenship and that all students should have the oppor15 tunity to be involved in activities that promote and

16 demonstrate good citizenship.

17 ‘‘(2) It is a worthwhile goal to ensure that Amer18 ica’s educators have access to programs for the contin19 ued improvement of their professional skills.

20 ‘‘(3) Allen J. Ellender, a Senator from Louisi21 ana and President pro tempore of the United States

22 Senate, had a distinguished career in public service

23 characterized by extraordinary energy and real con24 cern for young people. Senator Ellender provided val25 uable support and encouragement to the Close Up
969

•S 1513 RS

1 Foundation, a nonpartisan, nonprofit foundation

2 promoting knowledge and understanding of the Fed3 eral Government among young people and educators.

4 Therefore, it is a fitting and appropriate tribute to

5 Senator Ellender to provide fellowships in his name

6 to students of limited economic means, the teachers

7 who work with such students, and older Americans, so

8 that such students, teachers, and older Americans

9 may participate in the programs supported by the

10 Close Up Foundation.

11 ‘‘Subpart 1—Program for Middle and Secondary

12 School Students

13 ‘‘SEC. 8311. ESTABLISHMENT.

14 ‘‘(a) GENERAL AUTHORITY.—The Secretary is author15 ized to make grants in accordance with the provisions of

16 this title to the Close Up Foundation of Washington, Dis17 trict of Columbia, a nonpartisan, nonprofit foundation, for

18 the purpose of assisting the Close Up Foundation in carry19 ing out its programs of increasing understanding of the

20 Federal Government among middle and secondary school

21 students.

22 ‘‘(b) USE OF FUNDS.—Grants under this subpart shall

23 be used only to provide financial assistance to economically

24 disadvantaged students who participate in the program de25 scribed in subsection (a). Financial assistance received pur-
970

•S 1513 RS

1 suant to this subpart by such students shall be known as

2 Allen J. Ellender fellowships.

3 ‘‘SEC. 8312. APPLICATIONS.

4 ‘‘(a) APPLICATION REQUIRED.—No grant under this

5 subpart may be made except upon an application at such

6 time, in such manner, and accompanied by such informa7 tion as the Secretary may reasonably require.

8 ‘‘(b) CONTENTS OF APPLICATION.—Each such applica9 tion shall contain provisions to assure—

10 ‘‘(1) that fellowship grants are made to economi11 cally disadvantaged middle and secondary school stu12 dents;

13 ‘‘(2) that every effort will be made to ensure the

14 participation of students from rural and small town

15 areas, as well as from urban areas, and that in

16 awarding fellowships to economically disadvantaged

17 students, special consideration will be given to the

18 participation of students with special educational

19 needs, including students with disabilities, ethnic mi20 nority students, and gifted and talented students; and

21 ‘‘(3) the proper disbursement of the funds of the

22 United States received under this subpart.
971

•S 1513 RS

1 ‘‘Subpart 2—Program for Middle and Secondary

2 School Teachers

3 ‘‘SEC. 8321. ESTABLISHMENT.

4 ‘‘(a) GENERAL AUTHORITY.—The Secretary is author5 ized to make grants in accordance with the provisions of

6 this subpart to the Close Up Foundation of Washington,

7 District of Columbia, a nonpartisan, nonprofit foundation,

8 for the purpose of assisting the Close Up Foundation in

9 carrying out its programs of teaching skills enhancement

10 for middle and secondary school teachers.

11 ‘‘(b) USE OF FUNDS.—Grants under this subpart shall

12 be used only for financial assistance to teachers who par13 ticipate in the program described in subsection (a). Finan14 cial assistance received pursuant to this subpart by such

15 individuals shall be known as Allen J. Ellender fellowships.

16 ‘‘SEC. 8322. APPLICATIONS.

17 ‘‘(a) APPLICATION REQUIRED.—No grant under this

18 subpart may be made except upon an application at such

19 time, in such manner, and accompanied by such informa20 tion as the Secretary may reasonably require.

21 ‘‘(b) CONTENTS OF APPLICATION.—Each such applica22 tion shall contain provisions to assure—

23 ‘‘(1) that fellowship grants are made only to

24 teachers who have worked with at least one student

25 from such teacher’s school who participates in the

26 programs described in section 8311(a);
972

•S 1513 RS

1 ‘‘(2) that not more than one teacher in each

2 school participating in the programs provided for in

3 section 8311(a) may receive a fellowship in any fiscal

4 year; and

5 ‘‘(3) the proper disbursement of the funds of the

6 United States received under this subpart.

7 ‘‘Subpart 3—Programs for Recent Immigrants,

8 Students of Migrant Parents and Older Americans

9 ‘‘SEC. 8331. ESTABLISHMENT.

10 ‘‘(a) GENERAL AUTHORITY.—

11 ‘‘(1) IN GENERAL.—The Secretary is authorized

12 to make grants in accordance with the provisions of

13 this subpart to the Close Up Foundation of Washing14 ton, District of Columbia, a nonpartisan, nonprofit

15 foundation, for the purpose of assisting the Close Up

16 Foundation in carrying out its programs of increas17 ing understanding of the Federal Government among

18 economically disadvantaged older Americans, recent

19 immigrants and students of migrant parents.

20 ‘‘(2) DEFINITION.—For the purpose of this sub21 part, the term ‘older American’ means an individual

22 who has attained 55 years of age.

23 ‘‘(b) USE OF FUNDS.—Grants under this subpart shall

24 be used only for financial assistance to economically dis25 advantaged older Americans, recent immigrants and stu-
973

•S 1513 RS

1 dents of migrant parents who participate in the program

2 described in subsection (a). Financial assistance received

3 pursuant to this subpart by such individuals shall be known

4 as Allen J. Ellender fellowships.

5 ‘‘SEC. 8332. APPLICATIONS.

6 ‘‘(a) APPLICATION REQUIRED.—No grant under this

7 subpart may be made except upon application at such time,

8 in such manner, and accompanied by such information as

9 the Secretary may reasonably require.

10 ‘‘(b) CONTENTS OF APPLICATION.—Each such applica11 tion shall contain provisions to assure—

12 ‘‘(1) that fellowship grants are made to economi13 cally disadvantaged older Americans, recent immi14 grants and students of migrant parents;

15 ‘‘(2) that every effort will be made to ensure the

16 participation of older Americans, recent immigrants

17 and students of migrant parents from rural and

18 small town areas, as well as from urban areas, and

19 that in awarding fellowships, special consideration

20 will be given to the participation of older Americans,

21 recent immigrants and students of migrant parents

22 with special needs, including individuals with dis23 abilities, ethnic minorities, and gifted and talented

24 students;
974

•S 1513 RS

1 ‘‘(3) that activities permitted by subsection (a)

2 are fully described; and

3 ‘‘(4) the proper disbursement of the funds of the

4 United States received under this subpart.

5 ‘‘Subpart 4—General Provisions

6 ‘‘SEC. 8341. ADMINISTRATIVE PROVISIONS.

7 ‘‘(a) GENERAL RULE.—Payments under this part may

8 be made in installments, in advance, or by way of reim9 bursement, with necessary adjustments on account of

10 underpayment or overpayment.

11 ‘‘(b) AUDIT RULE.—The Comptroller General of the

12 United States or any of the Comptroller General’s duly au13 thorized representatives shall have access for the purpose of

14 audit and examination to any books, documents, papers,

15 and records that are pertinent to any grant under this part.

16 ‘‘SEC. 8342. AUTHORIZATION OF APPROPRIATIONS.

17 ‘‘(a) IN GENERAL.—There are authorized to be appro18 priated to carry out the provisions of subparts 1, 2, and

19 3 of this part $4,500,000 for fiscal year 1995 and such sums

20 as may be necessary for each of the 4 succeeding fiscal years.

21 ‘‘(b) SPECIAL RULE.—Of the funds appropriated pur22 suant to subsection (a), not more than 30 percent may be

23 used for teachers associated with students participating in

24 the programs described in section 8311(a).
975

•S 1513 RS

1 ‘‘PART F—GIFTED AND TALENTED CHILDREN

2 ‘‘SEC. 8401. SHORT TITLE.

3 ‘‘This part may be cited as the ‘Jacob K. Javits Gifted

4 and Talented Students Education Act of 1994’.

5 ‘‘SEC. 8402. FINDINGS AND PURPOSES.

6 ‘‘(a) FINDINGS.—The Congress finds and declares

7 that—

8 ‘‘(1) all students can learn to high standards

9 and must develop their talents and realize their po10 tential if the United States is to prosper;

11 ‘‘(2) gifted and talented students are a national

12 resource vital to the future of the Nation and our Na13 tion’s security and well-being;

14 ‘‘(3) too often schools fail to challenge students to

15 do their best work, and students who are not chal16 lenged will not learn to challenging State content

17 standards and challenging State student performance

18 standards, fully develop their talents, and realize

19 their potential;

20 ‘‘(4) unless the special abilities of gifted and tal21 ented students are recognized and developed during

22 their elementary and secondary school years, much of

23 their special potential for contributing to the national

24 interest is likely to be lost;

25 ‘‘(5) gifted and talented students from economi26 cally disadvantaged families and areas, and students
976

•S 1513 RS

1 of limited-English proficiency are at greatest risk of

2 being unrecognized and of not being provided ade3 quate or appropriate educational services;

4 ‘‘(6) State and local educational agencies and

5 private nonprofit schools often lack the necessary spe6 cialized resources to plan and implement effective

7 programs for the early identification of gifted and

8 talented students for the provision of educational serv9 ices and programs appropriate to their special needs;

10 ‘‘(7) the Federal Government can best carry out

11 the limited but essential role of stimulating research

12 and development and personnel training and provid13 ing a national focal point of information and tech14 nical assistance that is necessary to ensure that the

15 Nation’s schools are able to meet the special edu16 cational needs of gifted and talented students, and

17 thereby serve a profound national interest; and

18 ‘‘(8) the experience and knowledge gained in de19 veloping and implementing programs for gifted and

20 talented students can and should be used as a basis

21 to—

22 ‘‘(A) develop a rich and challenging cur23 riculum for all students; and
977

•S 1513 RS

1 ‘‘(B) provide all students with important

2 and challenging subject matter to study and en3 courage the habits of hard work.

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

5 this part—

6 ‘‘(1) to provide financial assistance to State and

7 local educational agencies, institutions of higher edu8 cation, and other public and private agencies and or9 ganizations, to initiate a coordinated program of re10 search, demonstration projects, personnel training,

11 and similar activities designed to build a nationwide

12 capability in elementary and secondary schools to

13 meet the special educational needs of gifted and tal14 ented students;

15 ‘‘(2) to encourage the development of rich and

16 challenging curricula for all students through the ap17 propriate application and adaptation of materials

18 and instructional methods developed under this part;

19 and

20 ‘‘(3) to supplement and make more effective the

21 expenditure of State and local funds, for the edu22 cation of gifted and talented students.

23 ‘‘SEC. 8403. DEFINITIONS; CONSTRUCTION.

24 ‘‘(a) DEFINITIONS.—For purposes of this part, the

25 term ‘gifted and talented students’ means children and
978

•S 1513 RS

1 youth who give evidence of high performance capability in

2 areas such as intellectual, creative, artistic, or leadership

3 capacity, or in specific academic fields, and who require

4 services or activities not ordinarily provided by the school

5 in order to fully develop such capabilities.

6 ‘‘(b) CONSTRUCTION.—Nothing in this part shall be

7 construed to prohibit a recipient of funds under this part

8 from serving gifted and talented students simultaneously

9 with students with similar educational needs, in the same

10 educational settings where appropriate.

11 ‘‘SEC. 8404. AUTHORIZED PROGRAMS.

12 ‘‘(a) ESTABLISHMENT OF PROGRAM.—

13 ‘‘(1) IN GENERAL.—From the sums appropriated

14 under section 8407 in any fiscal year the Secretary

15 (after consultation with experts in the field of the edu16 cation of gifted and talented students) shall make

17 grants to or enter into contracts with State edu18 cational agencies, local educational agencies, institu19 tions of higher education, or other public agencies and

20 private agencies and organizations (including Indian

21 tribes and Indian organizations (as such terms are

22 defined by the Indian Self-Determination and Edu23 cation Assistance Act) and Hawaiian native organi24 zations) to assist such agencies, institutions, and or25 ganizations which submit applications in carrying
979

•S 1513 RS

1 out programs or projects authorized by this part that

2 are designed to meet the educational needs of gifted

3 and talented students, including the training of per4 sonnel in the education of gifted and talented students

5 and in the use, where appropriate, of gifted and tal6 ented services, materials, and methods for all

7 students.

8 ‘‘(2) CONTENTS.—Applications for funds under

9 this part shall describe how—

10 ‘‘(A) the proposed gifted and talented serv11 ices, materials, and methods can be adapted, if

12 appropriate, for use by all students; and

13 ‘‘(B) how the proposed programs can be

14 evaluated.

15 ‘‘(b) USES OF FUNDS.—Programs and projects as16 sisted under this section may include—

17 ‘‘(1) professional development (including fellow18 ships) for personnel (including leadership personnel)

19 involved in the education of gifted and talented

20 students;

21 ‘‘(2) establishment and operation of model

22 projects and exemplary programs for serving gifted

23 and talented students, including innovative methods

24 for identifying and educating students who may not

25 be served by traditional gifted and talented programs,
980

•S 1513 RS

1 summer programs, mentoring programs, service

2 learning programs, and cooperative programs involv3 ing business, industry, and education;

4 ‘‘(3) training of personnel and parents involved

5 in gifted and talented programs with respect to the

6 impact of gender role-socialization on the educational

7 needs of gifted and talented children and in gender

8 equitable education methods, techniques and practices;

9 ‘‘(4) implementing innovative strategies, such as

10 cooperative learning, peer tutoring and service learn11 ing;

12 ‘‘(5) strengthening the capability of State edu13 cational agencies and institutions of higher education

14 to provide leadership and assistance to local edu15 cational agencies and nonprofit private schools in the

16 planning, operation, and improvement of programs

17 for the identification and education of gifted and tal18 ented students and the appropriate use of gifted and

19 talented programs and methods to serve all students;

20 ‘‘(6) programs of technical assistance and infor21 mation dissemination, including how gifted and tal22 ented programs and methods, where appropriate,

23 could be adapted for use by all students; and

24 ‘‘(7) carrying out—
981

•S 1513 RS

1 ‘‘(A) research on methods and techniques for

2 identifying and teaching gifted and talented stu3 dents, and for using gifted and talented pro4 grams and methods to serve all students; and

5 ‘‘(B) program evaluations, surveys, and the

6 collection, analysis, and development of informa7 tion needed to accomplish the purposes of this

8 part.

9 ‘‘(c) ESTABLISHMENT OF NATIONAL CENTER.—

10 ‘‘(1) IN GENERAL.—The Secretary (after con11 sultation with experts in the field of the education of

12 gifted and talented students) shall establish a Na13 tional Center for Research and Development in the

14 Education of Gifted and Talented Children and Youth

15 through grants to or contracts with one or more insti16 tutions of higher education or State educational agen17 cies, or a combination or consortium of such institu18 tions and agencies, for the purpose of carrying out ac19 tivities described in paragraph (5) of subsection (b).

20 ‘‘(2) DIRECTOR.—Such National Center shall

21 have a Director. The Secretary may authorize the Di22 rector to carry out such functions of the National

23 Center as may be agreed upon through arrangements

24 with other institutions of higher education, State or
982

•S 1513 RS

1 local educational agencies, or other public or private

2 agencies and organizations.

3 ‘‘(d) LIMITATION.—Not more than $1,750,000 of the

4 funds available in any fiscal year to carry out the programs

5 and projects authorized by this section may be used to con6 duct activities pursuant to subsection (b)(5) or (c).

7 ‘‘(e) COORDINATION.—Research activities supported

8 under this section—

9 ‘‘(1) shall be carried out in consultation with the

10 Office of Educational Research and Improvement to

11 ensure that such activities are coordinated with and

12 enhance the research and development activities sup13 ported by the such office; and

14 ‘‘(2) may include collaborative research activities

15 which are jointly funded and carried out with the

16 Office of Educational Research and Improvement.

17 ‘‘SEC. 8405. PROGRAM PRIORITIES.

18 ‘‘(a) GENERAL PRIORITY.—In the administration of

19 this part the Secretary shall give highest priority—

20 ‘‘(1) to the identification of and the provision of

21 services to gifted and talented students who may not

22 be identified and served through traditional assess23 ment methods (including economically disadvantaged

24 individuals, individuals of limited-English pro25 ficiency, and individuals with disabilities); and
983

•S 1513 RS

1 ‘‘(2) to programs and projects designed to de2 velop or improve the capability of schools in an entire

3 State or region of the Nation, through cooperative ef4 forts and participation of State and local educational

5 agencies, institutions of higher education, and other

6 public and private agencies and organizations (in7 cluding business, industry, and labor), to plan, con8 duct, and improve programs for the identification of

9 and the provision of services to gifted and talented

10 students.

11 ‘‘(b) SERVICE PRIORITY.—In approving applications

12 under section 8404(a), the Secretary shall assure that in

13 each fiscal year at least one-half of the applications ap14 proved under such section address the priority described in

15 subsection (a)(1).

16 ‘‘SEC. 8406. GENERAL PROVISIONS.

17 ‘‘(a) PARTICIPATION OF PRIVATE SCHOOL CHILDREN

18 AND TEACHERS.—In making grants and entering into con19 tracts under this part, the Secretary shall ensure, where ap20 propriate, that provision is made for the equitable partici21 pation of students and teachers in private nonprofit elemen22 tary and secondary schools, including the participation of

23 teachers and other personnel in professional development

24 programs for serving such children.
984

•S 1513 RS

1 ‘‘(b) PROGRAM OPERATIONS.—The Secretary shall en2 sure that the programs under this part are administered

3 within the Department by a person who has recognized pro4 fessional qualifications and experience in the field of the

5 education of gifted and talented students and who shall

6 serve as a focal point of national leadership and informa7 tion on mechanisms to carry out the purpose of this part.

8 ‘‘(c) REVIEW, DISSEMINATION, AND EVALUATION.—

9 The Secretary shall—

10 ‘‘(1) use a peer review process in reviewing ap11 plications under this part;

12 ‘‘(2) ensure that information on the activities

13 and results of programs and projects funded under

14 this part is disseminated to appropriate State and

15 local agencies and other appropriate organizations,

16 including nonprofit private organizations; and

17 ‘‘(3) evaluate the effectiveness of programs under

18 this part in accordance with section 10701, both in

19 terms of the impact on students traditionally served

20 in separate gifted and talented programs and on

21 other students, and submit the results of such evalua22 tion to Congress not later than January 1, 1998.

23 ‘‘SEC. 8407. AUTHORIZATION OF APPROPRIATIONS.

24 ‘‘(a) IN GENERAL.—There are authorized to be appro25 priated $20,000,000 for fiscal year 1995, and such sums
985

•S 1513 RS

1 as may be necessary for each of the 4 succeeding fiscal years,

2 to carry out the provisions of this part.

3 ‘‘(b) SPECIAL RULE.—If the amount appropriated

4 under subsection (a) for a fiscal year exceeds $20,000,000,

5 40 percent of such amount in excess of $20,000,000 shall

6 be available for strategies and programs designed for the

7 education of gifted and talented students that may be

8 adapted and used to improve teaching and learning for all

9 students in a school and to help all students in a school

10 develop their talents, realize their potential, and meet chal11 lenging State content standards and challenging State stu12 dent performance standards, while not diminishing the cur13 riculum and instruction for students traditionally identi14 fied as gifted and talented.

15 ‘‘PART G—WOMEN’S EDUCATIONAL EQUITY

16 ‘‘SEC. 8451. SHORT TITLE; FINDINGS.

17 ‘‘(a) SHORT TITLE.—This part may be cited as the

18 ‘Women’s Educational Equity Act of 1994’.

19 ‘‘(b) FINDINGS.—The Congress finds that—

20 ‘‘(1) since the enactment of title IX of the Edu21 cation Amendments of 1972, women and girls have

22 made strides in educational achievement and in their

23 ability to avail themselves of educational opportuni24 ties;
986

•S 1513 RS

1 ‘‘(2) because of funding provided under the

2 Women’s Educational Equity Act, more curricula,

3 training and other educational materials concerning

4 educational equity for women and girls are available

5 for national dissemination;

6 ‘‘(3) significant gender inequities still exist in

7 teaching and learning practices, for example—

8 ‘‘(A) sexual harassment, particularly that

9 experienced by girls, undermines the ability of

10 schools to provide a safe and equitable learning

11 or workplace environment;

12 ‘‘(B) girls may often receive significantly

13 less attention from classroom teachers than boys,

14 and girls of color have less interaction with

15 teachers than all other girls;

16 ‘‘(C) classroom textbooks and other edu17 cational materials do not sufficiently reflect the

18 experiences, achievements, or concerns of women

19 and, in most cases, are not written by women or

20 persons of color;

21 ‘‘(D) girls do not take as many mathe22 matics and science courses as boys, girls lose con23 fidence in their mathematics and science ability

24 as girls move through adolescence, there are few

25 women role models in the sciences, and women
987

•S 1513 RS

1 continue to be concentrated in low-paying, tradi2 tionally female jobs that do not require mathe3 matics and science skills; and

4 ‘‘(E) pregnant and parenting teenagers are

5 at high risk for dropping out of school and exist6 ing dropout prevention programs do not ade7 quately address the needs of such population;

8 ‘‘(4) Federal support should address not only re9 search and development of innovative model curricula

10 and teaching and learning strategies to promote gen11 der equity, but should, to the extent feasible, also help

12 schools and local communities implement and institu13 tionalize gender equitable practices;

14 ‘‘(5) Federal assistance for gender equity must be

15 tied to systemic reform, involve collaborative efforts to

16 implement effective gender practices at the local level,

17 and encourage parental participation; and

18 ‘‘(6) excellence in education, high educational

19 achievements and standards, and the full participa20 tion of women and girls in American society cannot

21 be achieved without educational equity for women

22 and girls.

23 ‘‘SEC. 8452. STATEMENT OF PURPOSES.

24 ‘‘It is the purpose of this part—
988

•S 1513 RS

1 ‘‘(1) to promote gender equity in education in

2 the United States;

3 ‘‘(2) to provide financial assistance to enable

4 educational agencies and institutions to meet the re5 quirements of title IX of the Educational Amend6 ments of 1972; and

7 ‘‘(3) to promote equity in education to women

8 and girls who suffer multiple forms of discrimination

9 based on sex, race, ethnic origin, limited-English pro10 ficiency, disability, or age.

11 ‘‘SEC. 8453. PROGRAM AUTHORIZED.

12 ‘‘The Secretary is authorized to make grants to, and

13 enter into contracts and cooperative agreements with, pub14 lic agencies, private nonprofit agencies, organizations, in15 stitutions, community groups, and individuals, to achieve

16 the purposes of this part by providing support and tech17 nical assistance for—

18 ‘‘(1) the implementation of effective gender-eq19 uity policies and practices at all educational levels,

20 including—

21 ‘‘(A) assisting educational agencies and in22 stitutions to implement policies and practices to

23 comply with title IX of the Education Amend24 ments of 1972;
989

•S 1513 RS

1 ‘‘(B) training for teachers, counselors, ad2 ministrators, and other school personnel, espe3 cially preschool and elementary school personnel,

4 in gender equitable teaching and learning prac5 tices;

6 ‘‘(C) leadership training for women and

7 girls to develop professional and marketable

8 skills to compete in the global marketplace, im9 prove self-esteem, and benefit from exposure to

10 positive role models;

11 ‘‘(D) school-to-work transition programs,

12 other programs to increase opportunities for

13 women and girls to enter a technologically de14 manding workplace and, in particular, to enter

15 highly skilled, high paying careers in which

16 women and girls have been underrepresented,

17 and guidance and counseling activities;

18 ‘‘(E) enhancing educational and career op19 portunities for women and girls who suffer mul20 tiple forms of discrimination, based on sex and

21 on race, ethnic origin, limited-English pro22 ficiency, disability, socioeconomic status, or age;

23 ‘‘(F) assisting pregnant students and stu24 dents rearing children to remain in or to return
990

•S 1513 RS

1 to secondary school, graduate, and prepare their

2 preschool children to start school;

3 ‘‘(G) evaluating exemplary model programs

4 to assess the ability of such programs to advance

5 educational equity for women and girls; and

6 ‘‘(H) introduction into the classroom of

7 textbooks, curricula, and other materials de8 signed to achieve equity for women and girls;

9 and

10 ‘‘(2) research and development, which shall be co11 ordinated with the Office of Educational Research

12 and Improvement’s National Institute on the Edu13 cation of At-Risk Students to avoid duplication of re14 search efforts, designed to advance gender equity na15 tionwide and to help make policies and practices in

16 educational agencies and institutions and local com17 munities gender-equitable, including—

18 ‘‘(A) research and development designed to

19 advance gender equity, including the develop20 ment of innovative strategies to improve teaching

21 and learning practices;

22 ‘‘(B) the development of high quality and

23 challenging assessment instruments that are non24 discriminatory;
991

•S 1513 RS

1 ‘‘(C) the development and evaluation of

2 model curricula, textbooks, software, and other

3 educational materials to ensure the absence of

4 gender stereotyping and bias;

5 ‘‘(D) the development of instruments and

6 procedures that employ new and innovative

7 strategies to assess whether diverse educational

8 settings are gender equitable;

9 ‘‘(E) the development of new dissemination

10 and replication strategies;

11 ‘‘(F) updating high quality educational ma12 terials previously developed through awards

13 made under this part; and

14 ‘‘(G) the implementation of nondiscrim15 inatory tests of aptitude and achievement and

16 alternative assessment instruments.

17 ‘‘SEC. 8454. APPLICATIONS.

18 ‘‘(a) APPLICATIONS.—A grant may be made, and a

19 contract or cooperative agreement may be entered into,

20 under this part only upon application to the Secretary, at

21 such time, in such form, and containing or accompanied

22 by such information as the Secretary may prescribe, such

23 as—

24 ‘‘(1) setting forth policies and procedures that

25 will ensure a comprehensive evaluation of the activi-
992

•S 1513 RS

1 ties carried out under the project, including an eval2 uation of the practices, policies, and materials used

3 by the applicant and an evaluation or estimate of the

4 continued significance of the work of the project fol5 lowing completion of the award period;

6 ‘‘(2) demonstrating how funds received under

7 this part will be used to promote the attainment of

8 one or more of the National Education Goals;

9 ‘‘(3) demonstrating how the applicant will ad10 dress perceptions of gender roles based on cultural dif11 ferences or stereotypes;

12 ‘‘(4) describing how funds under this part will be

13 used in a manner that is consistent with the School14 to-Work Opportunities Act of 1994;

15 ‘‘(5) for applications for projects under section

16 8453(1), demonstrating how the applicant will foster

17 partnerships and share resources with State edu18 cational agencies, local educational agencies, institu19 tions of higher education, community-based organiza20 tions, and other recipients of Federal educational

21 funding which may include State literacy resource

22 centers; and

23 ‘‘(6) for applications for projects under section

24 8453(1), demonstrating how parental involvement in

25 the project will be encouraged.
993

•S 1513 RS

1 ‘‘(b) SPECIAL RULE.—In approving applications

2 under this part, the Secretary shall give special consider3 ation to applications—

4 ‘‘(1) submitted by applicants that have not re5 ceived assistance under this part or under part C of

6 title IX of this Act (as such part was in effect on Oc7 tober 1, 1988);

8 ‘‘(2) for projects that will contribute signifi9 cantly to directly improving teaching and learning

10 practices in the local community; and

11 ‘‘(3) for projects that will—

12 ‘‘(A) provide for a comprehensive approach

13 to enhancing gender equity in educational insti14 tutions and agencies;

15 ‘‘(B) draw on a variety of resources, includ16 ing local educational agencies, community-based

17 organizations, institutions of higher education,

18 and private organizations;

19 ‘‘(C) implement a strategy with long-term

20 impact that will continue as a central activity

21 of the applicant after the grant has terminated;

22 and

23 ‘‘(D) address issues of national significance

24 that can be duplicated.
994

•S 1513 RS

1 ‘‘(c) LIMITATION.—Nothing in this part shall be con2 strued as prohibiting men and boys from participating in

3 any programs or activities assisted under this part.

4 ‘‘SEC. 8455. CRITERIA AND PRIORITIES.

5 ‘‘The Secretary shall establish separate criteria and

6 priorities for awards under paragraphs (1) and (2) of sec7 tion 8453 to ensure that available funds are used for pro8 grams that most effectively will achieve the purposes of this

9 part.

10 ‘‘SEC. 8456. REPORT.

11 ‘‘The Secretary, by January 1, 1999, shall submit to

12 the President and the Congress a report on the status of

13 educational equity for girls and women in the Nation.

14 ‘‘SEC. 8457. EVALUATION AND DISSEMINATION.

15 ‘‘(a) EVALUATION AND DISSEMINATION.—The Sec16 retary shall evaluate in accordance with section 10701, and

17 disseminate, materials and programs developed under this

18 part and shall report to the Congress regarding such evalua19 tion materials and programs by January 1, 1998.

20 ‘‘(b) USE OF PROGRAM FUNDS.—The Secretary is au21 thorized to use funds appropriated under section 8458 to

22 gather and disseminate information about emerging issues

23 concerning gender equity and, if necessary, to convene meet24 ings for this purpose.
995

•S 1513 RS

1 ‘‘(c) PROGRAM OPERATIONS.—The Secretary shall en2 sure that the programs under this part are administered

3 within the Department by a person who has recognized pro4 fessional qualifications and experience in the field of gender

5 equity education and who shall serve as a focal point of

6 national leadership and information on mechanisms to

7 carry out the purpose of this part.

8 ‘‘SEC. 8458. AUTHORIZATION OF APPROPRIATIONS.

9 ‘‘For the purpose of carrying out this part, there are

10 authorized to be appropriated $2,000,000 for fiscal year

11 1995 and such sums as may be necessary for each of the

12 4 succeeding fiscal years, of which not less than two-thirds

13 of the amount appropriated under this section for each fis14 cal year shall be available to carry out the activities de15 scribed in section 8453(1).

16 ‘‘PART H—FUND FOR THE IMPROVEMENT OF

17 EDUCATION

18 ‘‘SEC. 8501. FUND FOR THE IMPROVEMENT OF EDUCATION.

19 ‘‘(a) FUND AUTHORIZED.—From funds appropriated

20 under subsection (d), the Secretary is authorized to support

21 nationally significant programs and projects to improve the

22 quality of education, assist all students to meet challenging

23 State content standards and challenging State student per24 formance standards, and contribute to achievement of the

25 National Education Goals. The Secretary is authorized to
996

•S 1513 RS

1 carry out such programs and projects directly or through

2 grants to, or contracts with, State and local educational

3 agencies, institutions of higher education, and other public

4 and private agencies, organizations, and institutions.

5 ‘‘(b) USES OF FUNDS.—

6 ‘‘(1) IN GENERAL.—Funds provided under this

7 section may be used for—

8 ‘‘(A) activities that will promote systemic

9 education reform at the State and local levels,

10 such as—

11 ‘‘(i) developing and evaluating strate12 gies for eliminating ability grouping prac13 tices and developing policies and programs

14 that place all students on a college-pre15 paratory path of study, particularly in aca16 demic fields such as mathematics, science,

17 English, and social studies, including com18 prehensive inservice programs for teachers

19 and counselors and academic enrichment

20 programs that supplement regular courses

21 for students;

22 ‘‘(ii) developing and evaluating pro23 grams that directly involve parents and

24 family members in the academic progress of

25 their children;
997

•S 1513 RS

1 ‘‘(iii) developing and evaluating strate2 gies for integrating instruction and assess3 ment such that teachers and administrators

4 can focus on what students should know

5 and be able to do at particular grade levels,

6 which instruction shall promote the syn7 thesis of knowledge, encourage the develop8 ment of problem-solving skills drawing on a

9 vast range of disciplines, and promote the

10 development of higher order thinking by all

11 students;

12 ‘‘(iv) developing and evaluating strate13 gies for supporting professional development

14 for teachers across all disciplines and for

15 guidance counselors and administrators, in16 cluding inservice training that improves the

17 skills of counselors and administrators in

18 working with students from diverse popu19 lations;

20 ‘‘(v) research and development related

21 to challenging State content standards and

22 challenging State student performance

23 standards for student learning; and

24 ‘‘(vi) the development and evaluation

25 of model strategies for assessment of student
998

•S 1513 RS

1 learning, professional development for

2 teachers and administrators, parent and

3 community involvement, and other aspects

4 of systemic reform;

5 ‘‘(B) demonstrations at the State and local

6 levels that are designed to yield nationally sig7 nificant results, including approaches to public

8 school choice and school based decisionmaking;

9 ‘‘(C) joint activities with other Federal

10 agencies, such as the National Science Founda11 tion, the Department of Health and Human

12 Services, and the Department of Labor, and with

13 institutions of higher education, to assist the ef14 fort to achieve the National Education Goals, in15 cluding activities related to improving the tran16 sition from preschool to school and from school

17 to work, as well as activities related to the inte18 gration of education and health and social serv19 ices;

20 ‘‘(D) activities to promote and evaluate

21 counseling and mentoring for students, including

22 intergenerational mentoring;

23 ‘‘(E) activities to promote and evaluate co24 ordinated pupil services programs;
999

•S 1513 RS

1 ‘‘(F) activities to promote comprehensive

2 health education;

3 ‘‘(G) activities to promote environmental

4 education;

5 ‘‘(H) activities to promote programs to as6 sist students to demonstrate competence in for7 eign languages;

8 ‘‘(I) studies and evaluation of various edu9 cation reform strategies and innovations being

10 pursued by the Federal Government, States, and

11 local educational agencies;

12 ‘‘(J) activities to promote metric education;

13 ‘‘(K) activities to promote consumer edu14 cation, such as saving, investing, and entre15 preneurial education;

16 ‘‘(L) activities to promote experiential-based

17 learning, such as service-learning;

18 ‘‘(M) activities to promote scholar-athlete

19 competitions;

20 ‘‘(N) activities to promote child abuse edu21 cation and prevention programs;

22 ‘‘(O) activities to raise standards and ex23 pectations for academic achievement among all

24 students, especially disadvantaged students tra25 ditionally underserved in schools;
1000

•S 1513 RS

1 ‘‘(P) activities to provide the academic sup2 port, enrichment and motivation to enable all

3 students to reach such standards;

4 ‘‘(Q) programs designed to promote gender

5 equity in education by evaluating and eliminat6 ing gender bias in instruction and educational

7 materials, identifying and analyzing gender in8 equities in educational practices, and imple9 menting and evaluating educational policies and

10 practices designed to achieve gender equity; and

11 ‘‘(R) other programs and projects that meet

12 the purposes of this section.

13 ‘‘(2) ADDITIONAL USES.—The Secretary may

14 also use funds provided under this section to complete

15 the project periods for direct grants or contracts

16 awarded under the provisions of the Elementary and

17 Secondary Education Act of 1965, part B of title III

18 of the Augustus F. Hawkins-Robert T. Stafford Ele19 mentary and Secondary School Improvement Amend20 ments of 1988, or title III of the Education for Eco21 nomic Security Act, as such Acts were in effect on the

22 day preceding the date of enactment of the Improving

23 America’s Schools Act of 1994.

24 ‘‘(c) AWARDS.—

25 ‘‘(1) IN GENERAL.—The Secretary may—
1001

•S 1513 RS

1 ‘‘(A) make awards under this section on the

2 basis of competitions announced by the Sec3 retary; and

4 ‘‘(B) support meritorious unsolicited pro5 posals.

6 ‘‘(2) SPECIAL RULE.—The Secretary shall ensure

7 that programs, projects, and activities supported

8 under this section are designed so that their effective9 ness is readily ascertainable.

10 ‘‘(3) P EER REVIEW.—The Secretary shall use a

11 peer review process in reviewing applications for

12 grants under this section and may use funds appro13 priated under subsection (d) for the cost of such peer

14 review.

15 ‘‘(d) AUTHORIZATION.—For the purpose of carrying

16 out this section, there are authorized to be appropriated

17 $35,000,000 for fiscal year 1995 and such sums as may be

18 necessary for each of the 4 succeeding fiscal years.

19 ‘‘PART I—BLUE RIBBON SCHOOLS

20 ‘‘SEC. 8551. BLUE RIBBON SCHOOLS PROGRAM.

21 ‘‘(a) GENERAL AUTHORITY.—Subject to subsection (d),

22 the Secretary is authorized to carry out programs to recog23 nize elementary and secondary schools or programs which

24 have established standards of excellence and which have

25 demonstrated a high level of quality. Such programs shall
1002

•S 1513 RS

1 be designated as ‘Blue Ribbon Schools’. In selecting schools

2 and programs to be recognized, the Secretary shall competi3 tively select public and private schools or programs within

4 local educational agencies in the States, schools operated for

5 Indian children by the Department of the Interior, and

6 schools operated by the Department of Defense for depend7 ents of Department of Defense personnel.

8 ‘‘(b) SELECTION PROCESS.—

9 ‘‘(1) IN GENERAL.—The Secretary shall des10 ignate, each fiscal year, several categories for a Blue

11 Ribbon Schools program. Such categories may in12 clude, but shall not be limited to, outstanding elemen13 tary schools, outstanding secondary schools, outstand14 ing mathematics and science programs, or outstand15 ing reading programs.

16 ‘‘(2) SELECTION.—Within each category, the

17 Secretary shall determine the criteria and procedures

18 for selection. Selection for such awards shall be based

19 solely on merit. Schools or programs selected for

20 awards under this section shall not be required to be

21 representative of the States.

22 ‘‘(c) ADMINISTRATIVE PROVISIONS.—

23 ‘‘(1) C ONSULTATION.—The Secretary shall carry

24 out the provisions of this section including the estab-
1003

•S 1513 RS

1 lishment of the selection procedures, after consultation

2 with appropriate outside parties.

3 ‘‘(2) APPLICATION.—No award may be made

4 under this section unless the local educational agency

5 submits an application to the Secretary at such time,

6 in such manner, and containing such information, as

7 the Secretary may reasonably require.

8 ‘‘(3) D EFINITION.—For the purposes of this sec9 tion, the term ‘State’ means each of the several States,

10 the District of Columbia, and the Commonwealth of

11 Puerto Rico.

12 ‘‘(d) BLUE RIBBON AWARDS FOR CORRECTIONAL EDU13 CATION PROGRAMS.—The Secretary, through nominations

14 provided by the Office on Correctional Education after con15 sultation with representatives of correctional education or16 ganizations and others active in literacy education, shall

17 annually make one or more awards under this section to

18 effective and innovative programs for inmate education and

19 literacy.

20 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are

21 authorized to be appropriated $1,000,000 for fiscal year

22 1995, and such sums as may be necessary for each of the

23 4 succeeding fiscal years, to carry out this section.
1004

•S 1513 RS

1 ‘‘PART J—NATIONAL STUDENT AND PARENT

2 MOCK ELECTION

3 ‘‘SEC. 8601. NATIONAL STUDENT AND PARENT MOCK ELEC4 TION.

5 ‘‘(a) IN GENERAL.—The Secretary is authorized to

6 award grants in every election year to national nonprofit,

7 nonpartisan organizations that work to promote voter par8 ticipation in American elections to enable such organiza9 tions to carry out voter education activities for students and

10 their parents. Such activities shall—

11 ‘‘(1) be limited to simulated national elections

12 that permit participation by students and parents

13 from all 50 States in the United States; and

14 ‘‘(2) consist of—

15 ‘‘(A) school forums and local cable call-in

16 shows on the national issues to be voted upon in

17 an ‘issue forum’;

18 ‘‘(B) speeches and debates before students

19 and parents by local candidates or stand-ins for

20 such candidates;

21 ‘‘(C) quiz team competitions, mock press

22 conferences and speechwriting competitions;

23 ‘‘(D) weekly meetings to follow the course of

24 the campaign; or
1005

•S 1513 RS

1 ‘‘(E) school and neighborhood campaigns to

2 increase voter turnout, including newsletters,

3 posters, telephone chains, and transportation.

4 ‘‘(b) R EQUIREMENT.—Each organization receiving a

5 grant under this section shall present awards to outstand6 ing student and parent mock election projects.

7 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are

8 authorized to be appropriated $125,000 for each of the fiscal

9 years 1995 through 1999 to carry out this section.

10 ‘‘PART K—ELEMENTARY SCHOOL COUNSELING

11 DEMONSTRATION

12 ‘‘SEC. 8651. SHORT TITLE.

13 ‘‘This part may be cited as the ‘Elementary School

14 Counseling Demonstration Act’.

15 ‘‘SEC. 8652. FINDINGS AND PURPOSE.

16 ‘‘(a) FINDINGS.—The Congress finds that—

17 ‘‘(1) elementary school children are being sub18 jected to unprecedented social stresses, including frag19 mentation of the family, drug and alcohol abuse, child

20 abuse, poverty, and violence, and experts indicate that

21 intervention at an early age is the most beneficial;

22 ‘‘(2) an increasing number of elementary school

23 children are exhibiting symptoms of distress, such as

24 substance abuse, emotional disorders, academic
1006

•S 1513 RS

1 underachievement, disruptive behavior, juvenile delin2 quency, and suicide;

3 ‘‘(3) elementary school counselors, school psy4 chologists and school social workers can contribute to

5 the personal growth, educational development, and

6 emotional well-being of elementary school children by

7 providing professional counseling, intervention, and

8 referral services;

9 ‘‘(4) the average ratio of elementary school coun10 selors to students is 1 to 1,000, the average ratio of

11 school psychologists to students is 1 to 2,500, and the

12 average ratio of school social workers to students is 1

13 to 2,500;

14 ‘‘(5) when there is 1 counselor to 1,000 students,

15 1 school psychologist to 2,500 students, and 1 school

16 social worker to 2,500 students, elementary school

17 counseling programs are seldom adequate;

18 ‘‘(6) the Federal Government can help reduce the

19 risk of academic, social, and emotional problems

20 among elementary school children by stimulating the

21 development of model elementary school counseling

22 programs; and

23 ‘‘(7) the Federal Government can help reduce the

24 risk of future unemployment and assist the school-to-
1007

•S 1513 RS

1 work transition by stimulating the development of

2 model elementary school counseling programs.

3 ‘‘(b) P URPOSE.—It is the purpose of this part to en4 hance the availability and quality of counseling services for

5 elementary school children by providing grants to local edu6 cational agencies to enable such agencies to establish effec7 tive and innovative elementary school counseling programs

8 that can serve as national models.

9 ‘‘SEC. 8653. AUTHORIZATION OF APPROPRIATIONS.

10 ‘‘There are authorized to be appropriated $10,000,000

11 for fiscal year 1995, and such sums as may be necessary

12 for each of the 4 succeeding fiscal years, to carry out this

13 part.

14 ‘‘SEC. 8654. PROGRAM AUTHORITY.

15 ‘‘(a) IN GENERAL.—From amounts appropriated pur16 suant to the authority of section 8653 in any fiscal year,

17 the Secretary shall make grants to local educational agen18 cies having applications approved under section 8655 to

19 initiate or expand school counseling programs for elemen20 tary school children.

21 ‘‘(b) PRIORITY.—In awarding grants under this part,

22 the Secretary shall give special consideration to applica23 tions describing programs that—
1008

•S 1513 RS

1 ‘‘(1) demonstrate the greatest need for new or ad2 ditional counseling services among the children in the

3 elementary schools served by the applicant;

4 ‘‘(2) propose the most promising and innovative

5 approaches for initiating or expanding elementary

6 school counseling; and

7 ‘‘(3) show the greatest potential for replication

8 and dissemination.

9 ‘‘(c) EQUITABLE DISTRIBUTION.—In awarding grants

10 under this part, the Secretary shall ensure an equitable geo11 graphic distribution among the regions of the United States

12 and among urban, suburban, and rural areas.

13 ‘‘(d) DURATION.—A grant under this part shall be

14 awarded for a period not to exceed 3 years.

15 ‘‘(e) MAXIMUM GRANT.—A grant under this part shall

16 not exceed $400,000 for any fiscal year.

17 ‘‘SEC. 8655. APPLICATIONS.

18 ‘‘(a) IN GENERAL.—Each local educational agency de19 siring a grant under this part shall submit an application

20 to the Secretary at such time, in such manner, and accom21 panied by such information as the Secretary may reason22 ably require.

23 ‘‘(b) NOTIFICATION OF STATE EDUCATIONAL AGEN24 CY.—Before submitting an application to the Secretary in

25 accordance with subsection (a), a local educational agency
1009

•S 1513 RS

1 shall provide the State educational agency with an oppor2 tunity to review and comment on the program described

3 in such application. The comments of the State educational

4 agency shall be appended to the application upon submis5 sion of the application to the Secretary.

6 ‘‘(c) CONTENTS.—Each application for a grant under

7 this part shall—

8 ‘‘(1) describe the elementary school population to

9 be targeted by the program, the particular personal,

10 social, emotional, educational, and career develop11 ment needs of such population, and the current school

12 counseling resources available for meeting such needs;

13 ‘‘(2) describe the activities, services, and training

14 to be provided by the program and the specific ap15 proaches to be used to meet the needs described in

16 paragraph (1);

17 ‘‘(3) describe the methods to be used to evaluate

18 the outcomes and effectiveness of the program;

19 ‘‘(4) describe the collaborative efforts to be under20 taken with institutions of higher education, busi21 nesses, labor organizations, community groups, social

22 service agencies, and other public or private entities

23 to enhance the program and promote school-linked

24 services integration;
1010

•S 1513 RS

1 ‘‘(5) describe collaborative efforts with institu2 tions of higher education which specifically seek to en3 hance or improve graduate programs specializing in

4 the preparation of elementary school counselors, school

5 psychologists, and school social workers;

6 ‘‘(6) document that the applicant has the person7 nel qualified to develop, implement, and administer

8 the program;

9 ‘‘(7) describe how any diverse cultural popu10 lations, if applicable, would be served through the

11 program;

12 ‘‘(8) assure that the funds made available under

13 this part for any fiscal year will be used to supple14 ment and, to the extent practicable, increase the level

15 of funds that would otherwise be available from non16 Federal sources for the program described in the ap17 plication, and in no case supplant such funds from

18 non-Federal sources; and

19 ‘‘(9) assure that the applicant will appoint an

20 advisory board composed of parents, school counselors,

21 school psychologists, school social workers, other pupil

22 services personnel, teachers, school administrators,

23 and community leaders to advise the local educational

24 agency on the design and implementation of the

25 program.
1011

•S 1513 RS

1 ‘‘SEC. 8656. USE OF FUNDS.

2 ‘‘(a) IN GENERAL.—Grant funds under this part shall

3 be used to initiate or expand elementary school counseling

4 programs that comply with the requirements in subsection

5 (b).

6 ‘‘(b) PROGRAM REQUIREMENTS.—Each program as7 sisted under this part shall—

8 ‘‘(1) be comprehensive in addressing the per9 sonal, social, emotional, and educational needs of all

10 students;

11 ‘‘(2) use a developmental, preventive approach to

12 counseling;

13 ‘‘(3) increase the range, availability, quantity,

14 and quality of counseling services in the elementary

15 schools of the local educational agency;

16 ‘‘(4) expand counseling services only through

17 qualified school counselors, school psychologists, and

18 school social workers;

19 ‘‘(5) use innovative approaches to increase chil20 dren’s understanding of peer and family relation21 ships, work and self, decisionmaking, academic and

22 career planning, or to improve social functioning;

23 ‘‘(6) provide counseling services that are well24 balanced among classroom group and small group

25 counseling, individual counseling, and consultation
1012

•S 1513 RS

1 with parents, teachers, administrators, and other

2 pupil services personnel;

3 ‘‘(7) include inservice training for school coun4 selors, school social workers, school psychologists, other

5 pupil services personnel, teachers, and instructional

6 staff;

7 ‘‘(8) involve parents of participating students in

8 the design, implementation, and evaluation of a coun9 seling program;

10 ‘‘(9) involve collaborative efforts with institu11 tions of higher education, businesses, labor organiza12 tions, community groups, social service agencies, or

13 other public or private entities to enhance the pro14 gram and promote school-linked services integration;

15 and

16 ‘‘(10) evaluate annually the effectiveness and

17 outcomes of the counseling services and activities as18 sisted under this part.

19 ‘‘(c) REPORT.—The Secretary shall issue a report eval20 uating the programs assisted pursuant to each grant under

21 this section at the end of each grant period in accordance

22 with section 10701, but in no case later than January 30,

23 1998.

24 ‘‘(d) D ISSEMINATION.—The Secretary shall make the

25 programs assisted under this part available for dissemina-
1013

•S 1513 RS

1 tion, either through the National Diffusion Network or other

2 appropriate means.

3 ‘‘(e) LIMIT ON ADMINISTRATION.—Not more than 5

4 percent of the amounts appropriated pursuant to the au5 thority of section 8653 in any fiscal year shall be used to

6 carry out the provisions of this section.

7 ‘‘SEC. 8657. DEFINITIONS.

8 ‘‘For purposes of this part—

9 ‘‘(1) the term ‘comprehensive’ means, with re10 spect to counseling services, a program in which—

11 ‘‘(A) a school counselor, school psychologist,

12 or school social worker uses a range of individual

13 and group techniques and resources in a planned

14 way to meet the personal, social, emotional, edu15 cational, and career development needs of all ele16 mentary children in a school; and

17 ‘‘(B) a school counselor, school psychologist,

18 or school social worker works directly with chil19 dren, families, teachers, and other school or agen20 cy personnel to create an optimal positive learn21 ing environment and personal growth opportuni22 ties for all children;

23 ‘‘(2) the term ‘developmental’ means, with re24 spect to a school counseling program, a systematically

25 planned program that—
1014

•S 1513 RS

1 ‘‘(A) provides appropriate school counseling

2 interventions to foster the social, emotional,

3 physical, moral, and cognitive growth of elemen4 tary school children;

5 ‘‘(B) provides intervention services to help

6 children cope with family, social, emotional, and

7 academic problems; and

8 ‘‘(C) supports and enhances the efforts of

9 families, teachers, and other school personnel to

10 provide children maximum opportunity to ac11 quire competence and skill in self-understanding

12 and appreciation, interpersonal interaction, and

13 educational achievement and literacy;

14 ‘‘(3) the term ‘school counselor’ means an indi15 vidual who has documented competence in counseling

16 children and adolescents in a school setting and

17 who—

18 ‘‘(A) possesses State licensure or certifi19 cation granted by an independent professional

20 regulatory authority;

21 ‘‘(B) in the absence of such State licensure

22 or certification, possesses national certification

23 in school counseling or a specialty of counseling

24 granted by an independent professional organi25 zation; or
1015

•S 1513 RS

1 ‘‘(C) holds a minimum of a master’s degree

2 in school counseling from a program accredited

3 by the Council for Accreditation of Counseling

4 and Related Educational Programs or the equiv5 alent;

6 ‘‘(4) the term ‘school psychologist’ means an in7 dividual who—

8 ‘‘(A) possesses a minimum of 60 graduate

9 semester hours in school psychology from an in10 stitution of higher education and has completed

11 1,200 clock hours in a supervised school psychol12 ogy internship, of which 600 hours shall be in

13 the school setting; and

14 ‘‘(B) possess State licensure or certification

15 in the State in which the individual works; or

16 ‘‘(C) in the absence of such State licensure

17 or certification, possess national certification by

18 the National School Psychology Certification

19 Board;

20 ‘‘(5) the term ‘school social worker’ means an in21 dividual who holds a master’s degree in social work

22 and is licensed or certified by the State in which serv23 ices are provided or holds a school social work special24 ist credential; and
1016

•S 1513 RS

1 ‘‘(6) the term ‘supervisor’ means an individual

2 who has the equivalent number of years of profes3 sional experience in such individual’s respective dis4 cipline as is required of teaching experience for the

5 supervisor or administrative credential in the State of

6 such individual.

7 ‘‘PART L—21ST CENTURY COMMUNITY LEARNING

8 CENTERS

9 ‘‘SEC. 8701. SHORT TITLE.

10 ‘‘This part may be cited as the ‘21st Century Commu11 nity Learning Centers Act’.

12 ‘‘SEC. 8702. FINDINGS.

13 ‘‘The Congress finds that—

14 ‘‘(1) a local public school often serves as a center

15 for the delivery of education and human services for

16 all members of a community;

17 ‘‘(2) public schools, primarily in rural and inner

18 city communities, should collaborate with other public

19 and nonprofit agencies and organizations, local busi20 nesses, educational entities (such as vocational and

21 adult education programs, school-to-work programs,

22 community colleges, and universities), recreational,

23 cultural, and other community and human service en24 tities, for the purpose of meeting the needs of, and ex-
1017

•S 1513 RS

1 panding the opportunities available to, the residents

2 of the communities served by such schools;

3 ‘‘(3) by using school facilities, equipment, and

4 resources, communities can promote a more efficient

5 use of public education facilities, especially in rural

6 and inner city areas where limited financial resources

7 have enhanced the necessity for local public schools to

8 become social service centers;

9 ‘‘(4) the high technology, global economy of the

10 21st century will require lifelong learning to keep

11 America’s workforce competitive and successful, and

12 local public schools should provide centers for lifelong

13 learning and educational opportunities for individ14 uals of all ages; and

15 ‘‘(5) community schools enable the entire com16 munities to develop an education strategy that ad17 dresses the educational needs of all members of local

18 communities.

19 ‘‘SEC. 8703. PROGRAM AUTHORIZATION.

20 ‘‘(a) G RANTS BY THE SECRETARY.—The Secretary is

21 authorized, in accordance with the provisions of this part,

22 to award grants to rural and inner-city public elementary

23 or secondary schools, or consortia thereof, to enable such

24 schools or consortia to plan, implement, or to expand

25 projects that benefit the educational, health, social service,
1018

•S 1513 RS

1 cultural, and recreational needs of a rural or inner-city

2 community.

3 ‘‘(b) AMOUNT.—The Secretary shall not award a grant

4 under this part in any fiscal year in an amount less than

5 $20,000.

6 ‘‘(c) GRANT PERIOD.—The Secretary shall award

7 grants under this part for a period not to exceed 3 years.

8 ‘‘(d) EQUITABLE DISTRIBUTION.—In awarding grants

9 under this part, the Secretary shall assure an equitable dis10 tribution of assistance among the States, among urban and

11 rural areas of the United States, and among urban and

12 rural areas of a State.

13 ‘‘SEC. 8704. APPLICATION REQUIRED.

14 ‘‘(a) A PPLICATION.—To be eligible to receive a grant

15 under this part, an elementary or secondary school or con16 sortium shall submit an application to the Secretary at

17 such time and in such manner as the Secretary may reason18 ably prescribe. Each such application shall include—

19 ‘‘(1) a comprehensive local plan that enables

20 such school or consortium to serve as a center for the

21 delivery of education and human services for members

22 of a community;

23 ‘‘(2) an evaluation of the needs, available re24 sources, and goals and objectives for the proposed
1019

•S 1513 RS

1 project in order to determine which activities will be

2 undertaken to address such needs; and

3 ‘‘(3) a description of the proposed project, in4 cluding—

5 ‘‘(A) a description of the mechanism that

6 will be used to disseminate information in a

7 manner that is understandable and accessible to

8 the community;

9 ‘‘(B) identification of Federal, State, and

10 local programs to be merged or coordinated so

11 that public resources may be maximized;

12 ‘‘(C) a description of the collaborative ef13 forts to be undertaken by community-based orga14 nizations, related public agencies, businesses, or

15 other appropriate organizations;

16 ‘‘(D) a description of how the school or con17 sortium will act as a delivery center for existing

18 and new services; and

19 ‘‘(E) an assurance that the school or consor20 tium will establish a facility utilization policy

21 that specifically states—

22 ‘‘(i) the rules and regulations applica23 ble to building and equipment use; and

24 ‘‘(ii) supervision guidelines.
1020

•S 1513 RS

1 ‘‘(b) P RIORITY.—The Secretary shall give priority to

2 applications describing projects that offer a broad selection

3 of services.

4 ‘‘SEC. 8705. USES OF FUNDS.

5 ‘‘Grants awarded under this part may be used to plan,

6 implement, or expand community learning centers which

7 include not less than 4 of the following activities:

8 ‘‘(1) Literacy education programs.

9 ‘‘(2) Senior citizen programs.

10 ‘‘(3) Children’s day care services.

11 ‘‘(4) Integrated education, health, social service,

12 recreational, or cultural programs.

13 ‘‘(5) Summer and weekend school programs that

14 are coordinated with summer recreation programs.

15 ‘‘(6) Nutrition programs.

16 ‘‘(7) Expanded library service hours to serve

17 community needs.

18 ‘‘(8) Telecommunications and technology edu19 cation programs for individuals of all ages.

20 ‘‘(9) Parenting skills education programs.

21 ‘‘(10) Support and training for child day care

22 providers.

23 ‘‘(11) Employment counseling, training, and

24 placement.
1021

•S 1513 RS

1 ‘‘(12) Services for individuals who leave school

2 before graduating from secondary school, regardless of

3 the age of such individual.

4 ‘‘(13) Services for individuals who are either

5 physically or mentally challenged.

6 ‘‘SEC. 8706. DEFINITIONS.

7 ‘‘For the purpose of this part, the term ‘community

8 learning center’ means an entity within a public elemen9 tary or secondary school building that—

10 ‘‘(1) provides educational, recreational, health,

11 and social service programs for residents of all ages

12 within a local community; and

13 ‘‘(2) is operated by a local educational agency in

14 conjunction with local governmental agencies, busi15 nesses, vocational education programs, community

16 colleges, and cultural, recreational, and other commu17 nity and human service entities.

18 ‘‘SEC. 8707. AUTHORIZATION OF APPROPRIATIONS.

19 ‘‘There are authorized to be appropriated $20,000,000

20 for fiscal year 1995, and such sums as may be necessary

21 for each of the 4 succeeding fiscal years, to carry out this

22 part.
1022

•S 1513 RS

1 ‘‘PART M—MODEL PROJECTS

2 ‘‘SEC. 8751. MODEL PROJECTS.

3 ‘‘(a) PROGRAM AUTHORIZED.—The Secretary is au4 thorized to award grants to cultural institutions to enable

5 such institutions to develop and expand model projects of

6 outreach activities for at-risk children in the communities

7 served by such institutions, including activities which inte8 grate such institution’s cultural programming with other

9 disciplines, including environmental, mathematics, and

10 science programs.

11 ‘‘(b) P RIORITY.—In awarding grants under this sec12 tion the Secretary shall give priority to activities that are

13 part of an overall State, local, and private commitment,

14 seek to improve learning for at-risk youth, and are substan15 tially funded by State, local, or private funds.

16 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are

17 authorized to be appropriated $5,000,000 for fiscal year

18 1995, and such sums as may be necessary for each of the

19 4 succeeding fiscal years, to carry out this part.

20 ‘‘PART N—EXTENDING TIME FOR LEARNING

21 ‘‘SEC. 8801. FINDINGS.

22 ‘‘The Congress finds that—

23 ‘‘(1) the Commission on Time and Learning has

24 found that—

25 ‘‘(A) realizing the third National Education

26 Goal, that states all students will leave grades
1023

•S 1513 RS

1 four, eight and twelve having demonstrated com2 petency in challenging subject matter, including

3 English, mathematics, science, foreign languages,

4 civics and government, economics, arts, history,

5 and geography, will require considerably more

6 common core learning time than most students

7 now receive;

8 ‘‘(B) ensuring that all students learn to

9 high standards will require flexibility and inno10 vation in the use of common core learning time,

11 as well as the rest of the time students spend

12 both during and beyond the school day;

13 ‘‘(C) teachers need regular, sustained time

14 for lesson development, collegial collaboration

15 and other professional development; and

16 ‘‘(D) schools, businesses, community-based

17 organizations, tribal leaders, and other commu18 nity agencies and members should work together

19 to foster effective learning and enrichment pro20 grams and activities for students, including pro21 grams that operate outside of the regular school

22 day or year;

23 ‘‘(2) increasing the amount and duration of in24 tensive, engaging and challenging learning activities
1024

•S 1513 RS

1 geared to high standards can increase student motiva2 tion and achievement;

3 ‘‘(3) the benefits of extending learning time, in4 cluding common core instructional time, can be maxi5 mized by concurrent changes in curriculum and in6 struction, such as accelerated learning, and engaging,

7 interactive instruction based on challenging content;

8 and

9 ‘‘(4) maximizing the benefit of increased common

10 core and other learning time will require the collabo11 ration and cooperation of teachers and administra12 tors, students, parents, community members and or13 ganizations, businesses and others to develop strate14 gies to meet the needs of students during and beyond

15 the school day and year.

16 ‘‘SEC. 8802. PURPOSE.

17 ‘‘It is the purpose of this part to provide seed money

18 to schools and local educational agencies to enable such

19 agencies to devise and implement strategies and methods

20 for upgrading the quality of, and extending, challenging,

21 engaging learning time geared to high standards for all stu22 dents.

23 ‘‘SEC. 8803. PROGRAM AUTHORIZED.

24 ‘‘(a) IN GENERAL.—The Secretary is authorized to

25 award grants to local educational agencies having applica-
1025

•S 1513 RS

1 tions approved under section 8804 to enable such agencies

2 to carry out the authorized activities described in section

3 8805 in public elementary and secondary schools.

4 ‘‘(b) AMOUNT.—Each grant under subsection (a) shall

5 be awarded in an amount not more than $100,000.

6 ‘‘(c) DURATION.—Each grant under subsection (a)

7 shall be awarded for a period of not more than 3 years.

8 ‘‘SEC. 8804. APPLICATION.

9 ‘‘Each local educational agency desiring a grant under

10 this part shall submit an application to the Secretary at

11 such time, in such manner, and accompanied by such infor12 mation as the Secretary may require. Each such applica13 tion shall describe—

14 ‘‘(1) the activities for which assistance is sought;

15 ‘‘(2) any study or other information-gathering

16 project for which funds will be used;

17 ‘‘(3) strategies and methods the applicant will

18 use to enrich and extend learning time for all stu19 dents and to maximize the percentage of common core

20 learning time in the school day, such as block schedul21 ing, team teaching, longer school days or years, and

22 extending learning time through new distance-learn23 ing technologies;

24 ‘‘(4) the strategies and methods the applicant

25 will use, including changes in curriculum and in-
1026

•S 1513 RS

1 struction, to challenge and engage students and to

2 maximize the productiveness of common core learning

3 time, as well as the total time students spend in

4 school and in school-related enrichment activities;

5 ‘‘(5) the extent of involvement of teachers and

6 other school personnel in investigating, designing, im7 plementing and sustaining the activities assisted

8 under this part;

9 ‘‘(6) the process to be used for involving parents

10 and other stakeholders in the development and imple11 mentation of the activities assisted under this part;

12 ‘‘(7) any cooperation or collaboration among

13 public housing authorities, libraries, businesses, muse14 ums, community-based organizations, and other com15 munity groups and organizations to extend engaging,

16 high-quality, standards-based learning time outside of

17 the school day or year, at the school or at some other

18 site;

19 ‘‘(8) the training and professional development

20 activities that will be offered to teachers and others

21 involved in the activities assisted under this part;

22 ‘‘(9) the goals and objectives of the activities as23 sisted under this part, including a description of how

24 such activities will assist all students to reach State

25 standards;
1027

•S 1513 RS

1 ‘‘(10) the methods by which the applicant will

2 assess progress in meeting such goals and objectives;

3 and

4 ‘‘(11) how the applicant will use funds provided

5 under this part in coordination with other funds pro6 vided under this Act or other Federal laws.

7 ‘‘SEC. 8805. AUTHORIZED ACTIVITIES.

8 ‘‘Funds under this part may be used—

9 ‘‘(1) to study the feasibility of, and effective

10 methods for, extending learning time within or be11 yond the school day or year, including consultation

12 with other schools or local educational agencies that

13 have designed or implemented extended learning time

14 programs;

15 ‘‘(2) to conduct outreach to and consult with

16 community members, including parents, students, and

17 other stakeholders, such as tribal leaders, to develop a

18 plan to extend learning time within or beyond the

19 school day or year;

20 ‘‘(3) to develop and implement an outreach strat21 egy that will encourage collaboration with public

22 housing authorities, libraries, businesses, museums,

23 community-based organizations, and other commu24 nity groups and organizations to coordinate challeng-
1028

•S 1513 RS

1 ing, high-quality educational activities outside of the

2 school day or year;

3 ‘‘(4) to research, develop and implement strate4 gies, including changes in curriculum and instruc5 tion, for maximizing the quality and percentage of

6 common core learning time in the school day and ex7 tending learning time during or beyond the school

8 day or year;

9 ‘‘(5) to provide professional development for

10 school staff in innovative teaching methods that chal11 lenge and engage students, and also increase the pro12 ductivity of extended learning time; and

13 ‘‘(6) to develop strategies to include parents,

14 business representatives, and other community mem15 bers in the extended time activities, especially as

16 facilitators of activities that enable teachers to have

17 more time for planning, individual student assist18 ance, and professional development activities.

19 ‘‘SEC. 8806. ADMINISTRATION.

20 ‘‘(a) PEER REVIEW.—The Secretary shall award

21 grants under this part pursuant to a peer review process.

22 ‘‘(b) DIVERSITY.—In awarding grants under this part

23 the Secretary shall ensure that such grants are awarded to

24 a diversity of local educational agencies, including such

25 agencies that serve rural and urban areas.
1029

•S 1513 RS

1 ‘‘(c) P RIORITY.—The Secretary shall give priority to

2 awarding grants under this part to local educational agen3 cies that serve schools with high percentages of students in

4 poverty.

5 ‘‘SEC. 8807. DEFINITIONS.

6 ‘‘For the purpose of this part the term ‘common core

7 learning time’ means high-quality, engaging instruction in

8 challenging content in each of the following core academic

9 subjects described in the third National Education Goal:

10 ‘‘(1) English.

11 ‘‘(2) Mathematics.

12 ‘‘(3) Science.

13 ‘‘(4) Foreign languages.

14 ‘‘(5) Civics and government.

15 ‘‘(6) Economics.

16 ‘‘(7) Arts.

17 ‘‘(8) History.

18 ‘‘(9) Geography.

19 ‘‘SEC. 8808. AUTHORIZATION OF APPROPRIATIONS.

20 ‘‘There are authorized to be appropriated $20,000,000

21 for fiscal year 1995, and such sums as may be necessary

22 for each of the 4 succeeding fiscal years, to carry out this

23 part.
1030

•S 1513 RS

1 ‘‘PART O—CREATING SMALLER LEARNING

2 COMMUNITIES

3 ‘‘SEC. 8851. FINDINGS.

4 ‘‘The Congress finds that—

5 ‘‘(1) smaller school communities can have a sig6 nificant, positive impact on student achievement, in7 cluding grade promotion, school attendance and moti8 vation;

9 ‘‘(2) large schools can benefit from reorganiza10 tion into smaller learning communities, such as

11 schools-within-schools; and

12 ‘‘(3) smaller learning communities can provide

13 students with a variety of educational options based

14 on various themes, while providing all students en15 gaging, innovative instruction in challenging curric16 ula that will enable such communities to meet State

17 standards.

18 ‘‘SEC. 8852. PURPOSE.

19 ‘‘It is the purpose of this part to improve the quality

20 and effectiveness of teaching and learning by encouraging

21 and supporting school and school district efforts to create

22 smaller schools, including those that exist as schools-within23 schools.

24 ‘‘SEC. 8853. PROGRAM AUTHORIZED.

25 ‘‘(a) IN GENERAL.—The Secretary is authorized to

26 award grants to local educational agencies having applica-
1031

•S 1513 RS

1 tions approved under section 8854 to enable such agencies

2 to carry out the authorized activities described in section

3 8855 in public elementary and secondary schools.

4 ‘‘(b) AMOUNT.—Each grant under subsection (a) shall

5 be awarded in an amount not more than $100,000.

6 ‘‘(c) DURATION.—Each grant under subsection (a)

7 shall be awarded for a period of not more than 3 years.

8 ‘‘SEC. 8854. APPLICATION.

9 ‘‘Each local educational agency desiring a grant under

10 this part shall submit an application to the Secretary at

11 such time, in such manner, and accompanied by such infor12 mation as the Secretary may require. Each such applica13 tion shall describe—

14 ‘‘(1) strategies and methods the applicant will

15 use to create the smaller learning community or com16 munities;

17 ‘‘(2) curriculum and instructional practices, in18 cluding any particular themes or emphases, to be used

19 in the learning environment;

20 ‘‘(3) the extent of involvement of teachers and

21 other school personnel in investigating, designing, im22 plementing and sustaining the smaller learning com23 munity or communities;

24 ‘‘(4) the process to be used for involving students,

25 parents and other stakeholders in the development
1032

•S 1513 RS

1 and implementation of the smaller learning commu2 nity or communities;

3 ‘‘(5) any cooperation or collaboration among

4 community agencies, organizations, businesses, and

5 others to develop or implement a plan to create the

6 smaller learning community or communities;

7 ‘‘(6) the training and professional development

8 activities that will be offered to teachers and others

9 involved in the activities assisted under this part;

10 ‘‘(7) the goals and objectives of the activities as11 sisted under this part, including a description of how

12 such activities will better enable all students to reach

13 challenging State content standards and State student

14 performance standards;

15 ‘‘(8) the methods by which the applicant will as16 sess progress in meeting such goals and objectives;

17 ‘‘(9) if the smaller learning community or com18 munities exist as a school-within-a-school, the rela19 tionship, including governance and administration, of

20 the smaller learning community to the rest of the

21 school;

22 ‘‘(10) a description of the administrative and

23 managerial relationship between the local educational

24 agency and the smaller learning community or com25 munities, including how such agency will demonstrate
1033

•S 1513 RS

1 a commitment to the continuity of the smaller learn2 ing community or communities, including the con3 tinuity of student and teacher assignment to a par4 ticular learning community;

5 ‘‘(11) how the applicant will coordinate or use

6 funds provided under this part with other funds pro7 vided under this Act or other Federal laws;

8 ‘‘(12) grade levels or ages of students who will

9 participate in the smaller learning community or

10 communities; and

11 ‘‘(13) the method of placing students in the

12 smaller learning community or communities, such

13 that students are not placed according to ability, per14 formance or any other measure, so that students are

15 placed at random or by their own choice, not pursu16 ant to testing or other judgments.

17 ‘‘SEC. 8855. AUTHORIZED ACTIVITIES.

18 ‘‘Funds under this part may be used—

19 ‘‘(1) to study the feasibility of creating the small20 er learning community or communities as well as ef21 fective and innovative organizational and instruc22 tional strategies that will be used in the smaller

23 learning community or communities;

24 ‘‘(2) to research, develop and implement strate25 gies for creating the smaller learning community or
1034

•S 1513 RS

1 communities, as well as effective and innovative

2 changes in curriculum and instruction, geared to high

3 State content standards and State student perform4 ance standards;

5 ‘‘(3) to provide professional development for

6 school staff in innovative teaching methods that chal7 lenge and engage students to be used in the smaller

8 learning community or communities; and

9 ‘‘(4) to develop and implement strategies to in10 clude parents, business representatives, local institu11 tions of higher education, community-based organiza12 tions, and other community members in the smaller

13 learning communities, as facilitators of activities that

14 enable teachers to participate in professional develop15 ment activities, as well as to provide links between

16 students and their community.

17 ‘‘SEC. 8856. ADMINISTRATION.

18 ‘‘(a) PEER REVIEW.—The Secretary shall award

19 grants under this part pursuant to a peer review process.

20 ‘‘(b) DIVERSITY.—In awarding grants under this part

21 the Secretary shall ensure that such grants are awarded to

22 a diversity of local educational agencies, including such

23 agencies that serve rural and urban areas.

24 ‘‘(c) P RIORITY.—The Secretary shall give priority to

25 awarding grants under this part to local educational agen-
1035

•S 1513 RS

1 cies that serve schools with high percentages of students in

2 poverty.

3 ‘‘(d) S PECIAL RULE.—In awarding grants under this

4 part, the Secretary shall ensure that such grants are award5 ed for authorized activities described in section 8855 that

6 serve a diversity of grade spans.

7 ‘‘SEC. 8857. AUTHORIZATION OF APPROPRIATIONS.

8 ‘‘There are authorized to be appropriated $20,000,000

9 for fiscal year 1995, and such sums as may be necessary

10 for each of the 4 succeeding fiscal years, to carry out this

11 part.

12 ‘‘TITLE IX—SPECIAL PROGRAMS

13 ‘‘PART A—IMPACT AID

14 ‘‘SEC. 9001. FINDINGS.

15 ‘‘The Congress finds that—

16 ‘‘(1) certain activities of the Federal Government

17 place a financial burden on the local educational

18 agencies serving areas where such activities are car19 ried out; and

20 ‘‘(2) it is the shared responsibility of the Federal

21 Government, the States, and local educational agen22 cies to provide for the education of children connected

23 to those activities.
1036

•S 1513 RS

1 ‘‘SEC. 9002. PURPOSE.

2 ‘‘In order to fulfill the Federal responsibility to assist

3 with the provision of educational services to federally con4 nected children, and to help such children meet challenging

5 State standards, it is the purpose of this title to provide

6 financial assistance to local educational agencies that—

7 ‘‘(1) experience a substantial and continuing fi8 nancial burden due to the acquisition of real property

9 by the United States;

10 ‘‘(2) educate children who reside on Federal

11 property and whose parents are employed on Federal

12 property;

13 ‘‘(3) educate children of parents who are in the

14 military services and children who live in low-rent

15 housing;

16 ‘‘(4) experience sudden and substantial increases

17 or decreases in enrollments because of military

18 realignments; or

19 ‘‘(5) need special assistance with capital expend20 itures for construction activities because of the enroll21 ments of substantial numbers of children who reside

22 on Indian lands.

23 ‘‘SEC. 9003. PAYMENTS RELATING TO FEDERAL ACQUISI24 TION OF REAL PROPERTY.

25 ‘‘(a) IN GENERAL.—Where the Secretary, after con26 sultation with any local educational agency and with the
1037

•S 1513 RS

1 appropriate State educational agency, determines for a fis2 cal year ending prior to October 1, 1999—

3 ‘‘(1) that the United States owns Federal prop4 erty in the local educational agency, and that such

5 property—

6 ‘‘(A) has been acquired by the United States

7 since 1938;

8 ‘‘(B) was not acquired by exchange for other

9 Federal property in the local educational agency

10 which the United States owned before 1939; and

11 ‘‘(C) had an assessed value (determined as

12 of the time or times when so acquired) aggregat13 ing 10 percent or more of the assessed value of—

14 ‘‘(i) all real property in the local edu15 cational agency (similarly determined as of

16 the time or times when such Federal prop17 erty was so acquired); or

18 ‘‘(ii) all real property in the local edu19 cational agency as assessed in the first year

20 preceding or the year succeeding acquisi21 tion, whichever is greater, only if—

22 ‘‘(I) the assessment of all real

23 property in the local educational agen24 cy is not made at the same time or
1038

•S 1513 RS

1 times that such Federal property was

2 so acquired and assessed; and

3 ‘‘(II) State law requires an assess4 ment be made of property so acquired;

5 and

6 ‘‘(2) that such agency is not being substantially

7 compensated for the loss in revenue resulting from

8 such ownership by increases in revenue accruing to

9 the agency from the conduct of Federal activities with

10 respect to such Federal property,

11 then the local educational agency shall be eligible to receive

12 for such fiscal year such amount as, in the judgment of the

13 Secretary, is equal to the continuing Federal responsibility

14 for the additional financial burden with respect to current

15 expenditures placed on such agency by such acquisition of

16 property.

17 ‘‘(b) AMOUNT.—

18 ‘‘(1) I N GENERAL.—(A) The amount that a local

19 educational agency shall be paid under subsection (a)

20 for a fiscal year shall be calculated in accordance

21 with paragraph (2), except that such amount shall be

22 reduced by the Secretary by an amount equal to the

23 amount of revenue, if any, that such agency received

24 from activities conducted on such property during the

25 previous fiscal year.
1039

•S 1513 RS

1 ‘‘(B) If funds appropriated under section

2 9015(a) are insufficient to pay the amount deter3 mined under subparagraph (A), the Secretary shall

4 ratably reduce the payment to each eligible local edu5 cational agency. In making such a ratable reduction

6 for a local educational agency, the Secretary shall not

7 take into consideration any revenue described in sub8 paragraph (A), except that no local educational agen9 cy shall be paid an amount in excess of the amount

10 calculated for such agency under paragraph (2).

11 ‘‘(C) Notwithstanding any other provision of this

12 subsection, a local educational agency may not be

13 paid an amount under this section that when added

14 to the amount such agency receives under section

15 9004(b)(2) exceeds the maximum amount that such

16 agency is eligible to receive for such fiscal year under

17 section 9004(b)(1)(C).

18 ‘‘(2) APPLICATION OF CURRENT LEVIED REAL

19 PROPERTY TAX RATE.—In making a determination of

20 the amount that would have been derived in such year

21 under paragraph (1)(A), the Secretary shall apply the

22 current levied real property tax rate for current ex23 penditures levied by fiscally independent local edu24 cational agencies or imputed, for fiscally dependent

25 local educational agencies, to the current annually de-
1040

•S 1513 RS

1 termined aggregate assessed value of such acquired

2 Federal property.

3 ‘‘(3) D ETERMINATION OF AGGREGATE ASSESSED

4 VALUE.—Such aggregate assessed value of such ac5 quired Federal property shall be determined (on the

6 basis of the highest and best use of property adjacent

7 to such acquired Federal property as of the time such

8 value is determined), and provided to the Secretary,

9 by the local official responsible for assessing the value

10 of real property located in the jurisdiction of such

11 local educational agency for the purpose of levying a

12 property tax.

13 ‘‘(c) APPLICABILITY TO TENNESSEE VALLEY AUTHOR14 ITY ACT.—For the purposes of this section, any real prop15 erty with respect to which payments are being made under

16 section 13 of the Tennessee Valley Authority Act of 1933

17 shall not be regarded as Federal property.

18 ‘‘(d) OWNERSHIP BY UNITED STATES.—The United

19 States shall be deemed to own Federal property for the pur20 poses of this Act, where—

21 ‘‘(1) prior to the transfer of Federal property, the

22 United States owned Federal property meeting the re23 quirements of subparagraphs (A), (B), and (C) of sub24 section (a)(1); and
1041

•S 1513 RS

1 ‘‘(2) the United States transfers a portion of the

2 property referred to in paragraph (1) to another non3 taxable entity, and the United States—

4 ‘‘(A) restricts some or any construction on

5 such property;

6 ‘‘(B) requires that the property be used in

7 perpetuity for the public purposes for which the

8 property was conveyed;

9 ‘‘(C) requires the grantee of the property to

10 report to the Federal Government (or its agent)

11 regarding information on the use of the property;

12 ‘‘(D) except with the approval of the Fed13 eral Government (or its agent), prohibits the

14 sale, lease, assignment, or other disposal of the

15 property unless such sale, lease, assignment, or

16 other disposal is to another eligible government

17 agency; and

18 ‘‘(E) reserves to the Federal Government a

19 right of reversion at any time the Federal Gov20 ernment (or its agent) deems it necessary for the

21 national defense.

22 ‘‘(e) DISTRICT CONTAINING FOREST SERVICE LAND

23 AND SERVING CERTAIN COUNTIES.—Beginning with fiscal

24 year 1995, a school district shall be deemed to meet the re-
1042

•S 1513 RS

1 quirements of subsection (a)(1)(C) if such school district

2 meets the following requirements:

3 ‘‘(1) The school district contains between 20,000

4 and 60,000 acres of land that has been acquired by

5 the Forest Service of the Department of Agriculture

6 between 1915 and 1990, as demonstrated by written

7 evidence from the Forest Service satisfactory to the

8 Secretary.

9 ‘‘(2) The school district serves a county certified

10 by State law in 1875 or 1890.

11 ‘‘SEC. 9004. PAYMENTS FOR ELIGIBLE FEDERALLY CON12 NECTED CHILDREN.

13 ‘‘(a) COMPUTATION OF PAYMENT.—

14 ‘‘(1) I N GENERAL.—For the purpose of comput15 ing the amount that a local educational agency is eli16 gible to receive under subsection (b), (d), or (f) for

17 any fiscal year, the Secretary shall determine the

18 number of children who were in average daily attend19 ance in the schools of such agency, and for whom such

20 agency provided free public education, during the pre21 ceding school year and who, while in attendance at

22 such schools—

23 ‘‘(A)(i) resided on Federal property with a

24 parent employed on Federal property situated in
1043

•S 1513 RS

1 whole or in part within the boundaries of the

2 school district of such agency; or

3 ‘‘(ii) resided on Federal property with a

4 parent who is an official of, and accredited by,

5 a foreign government;

6 ‘‘(B) resided on Federal property and had

7 a parent on active duty in the uniformed serv8 ices (as defined in section 101 of title 37, United

9 States Code);

10 ‘‘(C) resided on Indian lands;

11 ‘‘(D)(i) had a parent on active duty in the

12 uniformed services (as defined by section 101 of

13 title 37, United States Code) but did not reside

14 on Federal property; or

15 ‘‘(ii) had a parent who is an official of, and

16 has been accredited by, a foreign government but

17 did not reside on Federal property;

18 ‘‘(E) resided in low-rent housing;

19 ‘‘(F) resided on Federal property and is not

20 described in subparagraph (A) or (B); or

21 ‘‘(G) resided with a parent employed on

22 Federal property situated—

23 ‘‘(i) in whole or in part in the county

24 in which the school district of such agency

25 is located, or in whole or in part in the
1044

•S 1513 RS

1 school district of such agency if the school

2 district is located in more than one county;

3 or

4 ‘‘(ii) if not in such county or district,

5 in whole or in part in the same State as the

6 school district of such agency.

7 ‘‘(2) DETERMINATION OF WEIGHTED STUDENT

8 UNITS.—For purposes of computing the basic support

9 payment under subsection (b), the Secretary shall cal10 culate the total number of weighted student units for

11 a local educational agency by adding together the re12 sults obtained by the following computations:

13 ‘‘(A) Multiply the number of children de14 scribed in subparagraphs (A) and (B) of para15 graph (1) by a factor of 1.0.

16 ‘‘(B) Multiply the number of children de17 scribed in paragraph (1)(C) by a factor of 1.25.

18 ‘‘(C) Multiply the number of children de19 scribed in subparagraphs (D) and (E) of para20 graph (1) by a factor of .10.

21 ‘‘(D) Multiply the number of children de22 scribed in subparagraphs (F) and (G) of para23 graph (1) by a factor of .05.
1045

•S 1513 RS

1 ‘‘(b) BASIC SUPPORT PAYMENTS AND PAYMENTS WITH

2 RESPECT TO FISCAL YEARS IN WHICH INSUFFICIENT

3 FUNDS ARE APPROPRIATED.—

4 ‘‘(1) BASIC SUPPORT PAYMENTS.—

5 ‘‘(A) IN GENERAL.—From the amount ap6 propriated under section 9015(b) for a fiscal

7 year, the Secretary is authorized to make basic

8 support payments to eligible local educational

9 agencies with children described under subsection

10 (a).

11 ‘‘(B) ELIGIBILITY.—A local educational

12 agency shall be eligible to receive a basic support

13 payment under subparagraph (A) for a fiscal

14 year with respect to a number of children deter15 mined under subsection (a) only if the number

16 of children so determined with respect to such

17 agency amounts to the lesser of—

18 ‘‘(i) at least 400 such children; or

19 ‘‘(ii) a number of such children which

20 equals at least 3 percent of the total number

21 of children who were in average daily at22 tendance, during such year, at the schools of

23 such agency and for whom such agency pro24 vided free public education.
1046

•S 1513 RS

1 ‘‘(C) MAXIMUM AMOUNT.—The maximum

2 amount that a local educational agency is eligi3 ble to receive under this subsection for any fiscal

4 year is the sum of the total weighted student

5 units, as computed under subsection (a)(2), mul6 tiplied by the greater of—

7 ‘‘(i) one-half of the average per pupil

8 expenditure of the State in which the local

9 educational agency is located for the third

10 fiscal year preceding the fiscal year for

11 which the determination is made;

12 ‘‘(ii) one-half of the average per pupil

13 expenditures of all of the States for the third

14 fiscal year preceding the fiscal year for

15 which the determination is made;

16 ‘‘(iii) the comparable local contribution

17 rate certified by the State, as determined

18 under regulations prescribed to carry out

19 the Act of September 30, 1950 (Public Law

20 874, 81st Congress), as such regulations

21 were in effect on January 1, 1994; or

22 ‘‘(iv) the average per pupil expenditure

23 of the State in which the local educational

24 agency is located, multiplied by the local

25 contribution percentage.
1047

•S 1513 RS

1 ‘‘(2) PAYMENTS WITH RESPECT TO FISCAL YEARS

2 IN WHICH INSUFFICIENT FUNDS ARE APPRO3 PRIATED.—

4 ‘‘(A) I N GENERAL.—For any fiscal year in

5 which the sums appropriated under section

6 9015(b) are insufficient to pay to each local edu7 cational agency the full amount computed under

8 paragraph (1), the Secretary shall make pay9 ments in accordance with this paragraph.

10 ‘‘(B) LEARNING OPPORTUNITY THRESHOLD

11 PAYMENTS.—(i) For fiscal years described in

12 subparagraph (A), the Secretary shall compute a

13 learning opportunity threshold payment (here14 after in this title referred to as the ‘threshold

15 payment’) by multiplying the amount obtained

16 under paragraph (1)(C) by the total percentage

17 obtained by adding—

18 ‘‘(I) the percentage of federally con19 nected children for each local educational

20 agency determined by calculating the frac21 tion, the numerator of which is the total

22 number of children described under sub23 section (a)(1) and the denominator of which

24 is the total number of children in average
1048

•S 1513 RS

1 daily attendance at the schools served by

2 such agency; and

3 ‘‘(II) the percentage that funds under

4 paragraph (1)(C) represent of the total

5 budget of the local educational agency, de6 termined by calculating the fraction, the

7 numerator of which is the total amount of

8 funds calculated for each local educational

9 agency under this subsection (not including

10 amounts received under subsection (f)), and

11 the denominator of which is the total cur12 rent expenditures for such agency in the sec13 ond preceding academic year for which the

14 determination is made.

15 ‘‘(ii) Such total percentage used to calculate

16 threshold payments under paragraph (1) shall

17 not exceed 100.

18 ‘‘(iii) For the purpose of determining the

19 percentages described in subclauses (I) and (II)

20 of clause (i) that are applicable to the local edu21 cational agency providing free public education

22 to students in grades 9 through 12 residing on

23 Hanscom Air Force Base, Massachusetts, the

24 Secretary shall consider only that portion of such

25 agency’s total enrollment of students in grades 9
1049

•S 1513 RS

1 through 12 when calculating the percentage

2 under such subclause (I) and only that portion

3 of the total current expenditures attributed to the

4 operation of grades 9 through 12 in such agency

5 when calculating the percentage under subclause

6 (II).

7 ‘‘(C) RATABLE DISTRIBUTION.—For fiscal

8 years described in subparagraph (A), the Sec9 retary shall make payments as a ratable dis10 tribution based upon the computation made

11 under subparagraph (B).

12 ‘‘(c) P RIOR YEAR DATA.—All calculations under this

13 section shall be based upon data for each local educational

14 agency from the fiscal year preceding the fiscal year for

15 which the agency is making application for payment.

16 ‘‘(d) CHILDREN WITH DISABILITIES.—

17 ‘‘(1) IN GENERAL.—From the amount appro18 priated under section 9015(c) for a fiscal year, the

19 Secretary shall pay to each eligible local educational

20 agency, on a pro rata basis, the amounts determined

21 by—

22 ‘‘(A) multiplying the number of children de23 scribed in subparagraphs (B) and (C) of sub24 section (a)(1) who are eligible to receive services
1050

•S 1513 RS

1 under the Individuals with Disabilities Edu2 cation Act by a factor of 1.0; and

3 ‘‘(B) multiplying the number of children de4 scribed in subparagraph (D) of subsection (a)(1)

5 who are eligible to receive services under such

6 Act by a factor of 0.5.

7 ‘‘(2) U SE OF FUNDS.—A local educational agen8 cy that receives funds under paragraph (1) shall use

9 such funds to provide a free appropriate public edu10 cation to children described in paragraph (1) in ac11 cordance with the Individuals with Disabilities Edu12 cation Act.

13 ‘‘(e) HOLD-HARMLESS AMOUNTS.—

14 ‘‘(1) I N GENERAL.—Except as provided in para15 graph (3), the total amount that the Secretary shall

16 pay a local educational agency under subsection (b)

17 shall not be less than 90 percent of the amount such

18 agency received—

19 ‘‘(A) in the case of fiscal year 1995 only,

20 under section 3 of the Act of September 30, 1950

21 (Public Law 874, 81st Congress) for fiscal year

22 1994; or

23 ‘‘(B) in the case of fiscal years 1996, 1997,

24 1998, or 1999, under such subsection (b).
1051

•S 1513 RS

1 ‘‘(2) T WO-YEAR APPLICABILITY.—The provisions

2 of paragraph (1) shall apply to any one local edu3 cational agency for a maximum of two consecutive

4 fiscal years.

5 ‘‘(3) RATABLE REDUCTIONS.—(A)(i) If necessary

6 in order to make payments to local educational agen7 cies in accordance with paragraph (1), the Secretary

8 first shall ratably reduce payments under subsection

9 (b) to local educational agencies that do not receive

10 a payment under this subsection.

11 ‘‘(ii) If additional funds become available for

12 making payments under paragraph (1) for such fiscal

13 year, payments that were reduced under clause (i)

14 shall be increased on the same basis as such payments

15 were reduced.

16 ‘‘(B)(i) If the sums made available under this

17 part for any fiscal year are insufficient to pay the

18 full amounts that all local educational agencies in all

19 States are eligible to receive under paragraph (1)

20 after the application of subparagraph (A) for such

21 year, the Secretary shall ratably reduce payments to

22 all such agencies for such year.

23 ‘‘(ii) If additional funds become available for

24 making payments under paragraph (1) for such fiscal

25 year, payments that were reduced under clause (i)
1052

•S 1513 RS

1 shall be increased on the same basis as such payments

2 were reduced.

3 ‘‘(f) ADDITIONAL ASSISTANCE FOR HEAVILY IMPACTED

4 LOCAL EDUCATIONAL AGENCIES.—

5 ‘‘(1) RESERVATION.—From amounts appro6 priated under section 9015(b) for a fiscal year, the

7 Secretary shall provide additional assistance to meet

8 special circumstances relating to the provision of edu9 cation in local educational agencies eligible to receive

10 assistance under this section.

11 ‘‘(2) ELIGIBILITY.—(A) A local educational

12 agency shall be eligible to receive additional assist13 ance under this subsection only if such agency—

14 ‘‘(i)(I) has an enrollment of federally con15 nected children described in subsection (a)(1)

16 which constitutes at least 40 percent of the total

17 student enrollment of such agency; and

18 ‘‘(II) has a tax rate for general fund pur19 poses which is at least 95 percent of the average

20 tax rate for general fund purposes of comparable

21 local educational agencies in the State;

22 ‘‘(ii)(I) has an enrollment of federally con23 nected children described in subsection (a)(1)

24 which constitutes at least 35 percent of the total

25 student enrollment of such agency; and
1053

•S 1513 RS

1 ‘‘(II) has a tax rate for general fund pur2 poses which is at least 125 percent of the average

3 tax rate for general fund purposes of comparable

4 local educational agencies in the State; or

5 ‘‘(iii) is a local educational agency whose

6 boundaries are the same as a Federal military

7 installation or includes Federal property under

8 exclusive Federal jurisdiction.

9 ‘‘(B) If the current expenditures in those local

10 educational agencies which the Secretary has deter11 mined to be generally comparable to the local edu12 cational agency for which a computation is made

13 under subsection (b)(1)(C) are not reasonably com14 parable because of unusual geographical factors which

15 affect the current expenditures necessary to maintain,

16 in such agency, a level of education equivalent to that

17 maintained in such other agencies, then the Secretary

18 shall increase the local contribution rate for such

19 agency by such an amount which the Secretary deter20 mines will compensate such agency for the increase in

21 current expenditures necessitated by such unusual

22 geographical factors. The amount of any such supple23 mentary payment may not exceed the per-pupil share

24 (computed with regard to all children in average

25 daily attendance), as determined by the Secretary, of
1054

•S 1513 RS

1 the increased current expenditures necessitated by

2 such unusual geographic factors.

3 ‘‘(C) Any local educational agency determined

4 eligible under clause (iii) of subparagraph (A) shall

5 be deemed to have met the tax efforts requirements for

6 eligibility under clause (i)(II) or (ii)(II) of such sub7 paragraph.

8 ‘‘(D) Any local educational agency having an

9 enrollment of more than 6,500 students described in

10 subparagraph (A) or (B) of subsection (a)(1) and

11 meeting the requirements of subclause (I) and (II) of

12 subparagraph (A)(i), may use either their average

13 general tax rate or total tax rate in determining eligi14 bility under this paragraph.

15 ‘‘(3) MAXIMUM PAYMENTS.—

16 ‘‘(A) IN GENERAL.—Subject to subpara17 graph (B), the Secretary shall determine the

18 maximum amount that a local educational agen19 cy may receive under this subsection in accord20 ance with the following computations:

21 ‘‘(i) The Secretary shall first determine

22 the greater of—

23 ‘‘(I) the average per pupil expend24 iture of the State in which the local

25 educational agency is located;
1055

•S 1513 RS

1 ‘‘(II) the average per pupil ex2 penditure of generally comparable

3 school districts located in the State of

4 the local educational agency, as defined

5 in regulations issued by the Secretary;

6 or

7 ‘‘(III) the average per pupil ex8 penditure of three generally com9 parable school districts located in the

10 State of the local educational agency,

11 as defined in regulations issued by the

12 Secretary.

13 ‘‘(ii) The Secretary shall next subtract

14 from the amount determined under clause

15 (i) the total amount of general fund reve16 nues received by the local educational agen17 cy from any general fund source per pupil,

18 other than revenues provided under this

19 subsection.

20 ‘‘(iii) The Secretary shall next mul21 tiply the amount determined under clause

22 (ii) by the total number of students in aver23 age daily attendance of the local edu24 cational agency.
1056

•S 1513 RS

1 ‘‘(iv) If the tax rate used by the local

2 educational agency is greater than 95 per3 cent, but less than 100 percent, of the tax

4 rate of comparable school districts, the Sec5 retary shall next multiply the amount deter6 mined under clause (iii) by the percentage

7 that the tax rate of the local educational

8 agency is of—

9 ‘‘(I) the average tax rate of its

10 generally comparable school districts;

11 or

12 ‘‘(II) the average tax rate of all

13 the school districts in the State in

14 which the local educational agency is

15 located.

16 ‘‘(v) The Secretary shall next subtract

17 the total amount of payments received by a

18 local educational agency under subsections

19 (b) and (d) for a fiscal year from the

20 amount determined under clause (iii) or

21 clause (iv), as the case may be.

22 ‘‘(B) SPECIAL RULE.—(i) With respect to

23 payments under this subsection for a local edu24 cational agency described in clause (ii) or (iii)

25 of paragraph (2)(A), the maximum amount of
1057

•S 1513 RS

1 such payments shall be computed by taking the

2 product of the average per pupil expenditure in

3 all States multiplied by .7, except that such

4 amount may not exceed 125 percent of the aver5 age per pupil expenditure in all local edu6 cational agencies in the State, and multiplying

7 such product by the number of students who are

8 served by such local educational agency and de9 scribed in subparagraph (A) or (B) of subsection

10 (a)(1).

11 ‘‘(ii) The payment under this subsection

12 that a local educational agency described in

13 clauses (ii) and (iii) of paragraph (2)(A) shall

14 receive in any fiscal year shall be equal to the

15 maximum amount described in clause (i) minus

16 the amount of payments such agency receives

17 under subsections (b) and (d) for such year.

18 ‘‘(4) CURRENT YEAR DATA.—The Secretary shall,

19 for purposes of providing assistance under this sub20 section, use—

21 ‘‘(A) student and revenue data from the fis22 cal year for which the local educational agency

23 is applying for assistance under this subsection;

24 and
1058

•S 1513 RS

1 ‘‘(B) the most recent data available on per2 pupil cost adjusted to reflect per-pupil cost made

3 current by increasing or decreasing the per-pupil

4 expenditure data for the second fiscal year pre5 ceding the fiscal year for which the determina6 tion is made by the same percentage increase or

7 decrease reflected between the per-pupil expendi8 ture data for the fourth fiscal year preceding the

9 fiscal year for which the determination is made

10 and the per-pupil expenditure data for such sec11 ond year.

12 ‘‘(5) D ETERMINATION FOR FISCAL YEAR 1994.—

13 Notwithstanding the proviso referring to section

14 3(d)(2)(B) of Public Law 81–874 under the following

15 heading ‘‘IMPACT AID’’ under title III of the De16 partments of Labor, Health and Human services and

17 Education, and Related Agencies Appropriations Act

18 of 1994, or any provision of paragraph (2) of section

19 3(d) of such Public Law which is consistent with this

20 proviso, determinations regarding the eligibility for

21 an amount of payments under section 3(d)(2)(B) of

22 such Public Law for fiscal year 1994 shall be made

23 on the basis of 1994 data, and related Department

24 regulations in effect during fiscal year 1992 shall be

25 used in the tabulation of payments.
1059

•S 1513 RS

1 ‘‘(6) REDUCTION IN PAYMENTS.—If funds appro2 priated to carry out this subsection are insufficient to

3 pay in full the amounts determined under paragraph

4 (3), the Secretary shall ratably reduce the payment to

5 each eligible local educational agency.

6 ‘‘(g) ADDITIONAL PAYMENTS FOR LOCAL EDU7 CATIONAL AGENCIES WITH HIGH CONCENTRATIONS OF

8 CHILDREN WITH DISABILITIES.—If any local educational

9 agency receives Federal funds from sources other than this

10 title for any fiscal year due to the enrollment of children

11 described under subsection (a), such funds shall be consid12 ered a payment to such agency under this title for such

13 fiscal year. Notwithstanding any other provision of law, if

14 funds appropriated pursuant to section 9015(b) for pay15 ments under subsection (b) to such agency for a fiscal year

16 which when added to the funds described in the preceding

17 sentence received by such agency for such fiscal year exceed

18 the maximum amount described under subsection (b)(1)(C),

19 then the Secretary shall make available from the funds ap20 propriated under section 9015(b) for such fiscal year such

21 excess amounts to—

22 ‘‘(1) any local educational agency designated by

23 the Secretary of Defense for such fiscal year as a local

24 educational agency serving children described under

25 section 9004(a) who have a parent assigned to a par-
1060

•S 1513 RS

1 ticular permanent duty station for compassionate

2 reasons (compassionate post assignment) for the total

3 costs associated with such children who are enrolled

4 in an educational program provided outside the

5 schools of such agency; and

6 ‘‘(2) any remaining amounts shall be made

7 available for expenditures under subsection (d) in

8 such fiscal year on a pro rata basis consistent with

9 the requirements of such subsection.

10 ‘‘(h) OTHER FUNDS.—Notwithstanding any other pro11 vision of law, a local educational agency receiving funds

12 under this section may also receive funds under section 6

13 of the Act of September 30, 1950 (Public Law 874, 81st

14 Congress) or such section’s successor authority.

15 ‘‘SEC. 9005. POLICIES AND PROCEDURES RELATING TO

16 CHILDREN RESIDING ON INDIAN LANDS.

17 ‘‘(a) I N GENERAL.—A local educational agency that

18 claims children residing on Indian lands for the purpose

19 of receiving funds under section 9004 shall establish policies

20 and procedures to ensure that—

21 ‘‘(1) such children participate in programs and

22 activities supported by such funds on an equal basis

23 with all other children;

24 ‘‘(2) parents of such children and Indian tribes

25 are afforded an opportunity to present their views on
1061

•S 1513 RS

1 such programs and activities, including an oppor2 tunity to make recommendations on the needs of those

3 children and how the local educational agency may

4 help such children realize the benefits of such pro5 grams and activities;

6 ‘‘(3) parents and Indian tribes are consulted and

7 involved in planning and developing such programs

8 and activities;

9 ‘‘(4) relevant applications, evaluations, and pro10 gram plans are disseminated to the parents and In11 dian tribes; and

12 ‘‘(5) parents and Indian tribes are afforded an

13 opportunity to present their views to such agency re14 garding such agency’s general educational program.

15 ‘‘(b) RECORDS.—A local educational agency that

16 claims children residing on Indian lands for the purpose

17 of receiving funds under section 9004 shall maintain

18 records demonstrating such agency’s compliance with re19 quirements contained in subsection (a).

20 ‘‘(c) WAIVER.—A local educational agency that claims

21 children residing on Indian lands for the purpose of receiv22 ing funds under section 9004 shall not be required to com23 ply with the requirements of subsections (a) and (b) for any

24 fiscal year with respect to any Indian tribe from which such

25 agency has received a written statement that the agency
1062

•S 1513 RS

1 need not comply with those subsections because the tribe is

2 satisfied with the provision of educational services by such

3 agency to such children.

4 ‘‘(d) T ECHNICAL ASSISTANCE AND ENFORCEMENT.—

5 The Secretary shall—

6 ‘‘(1) provide technical assistance to local edu7 cational agencies, parents, and Indian tribes to en8 able such agencies, parents, and tribes to carry out

9 this section; and

10 ‘‘(2) enforce this section through such actions,

11 which may include the withholding of funds, as the

12 Secretary determines to be appropriate, after afford13 ing the affected local educational agency, parents, and

14 Indian tribe an opportunity to present their views.

15 ‘‘(e) COMPLAINTS.—

16 ‘‘(1) IN GENERAL.—(A) Any tribe, or its des17 ignee, which has students in attendance at a local

18 educational agency may, in its discretion and with19 out regard to the requirements of any other provision

20 of law, file a written complaint with the Secretary re21 garding any action of a local educational agency

22 taken pursuant to, or relevant to, the requirements of

23 this section.

24 ‘‘(B) Within ten working days from receipt of a

25 complaint, the Secretary shall—
1063

•S 1513 RS

1 ‘‘(i) designate a time and place for a hear2 ing into the matters relating to the complaint at

3 a location in close proximity to the local edu4 cational agency involved, or if the Secretary de5 termines there is good cause, at some other loca6 tion convenient to both the tribe, or its designee,

7 and the local educational agency;

8 ‘‘(ii) designate a hearing examiner to con9 duct the hearing; and

10 ‘‘(iii) notify the affected tribe or tribes and

11 the local educational agency involved of the time,

12 place, and nature of the hearing and send copies

13 of the complaint to the local educational agency

14 and the affected tribe or tribes.

15 ‘‘(2) H EARING.—The hearing shall be held with16 in 30 days of the designation of a hearing examiner

17 and shall be open to the public. A record of the pro18 ceedings shall be established and maintained.

19 ‘‘(3) EVIDENCE; RECOMMENDATIONS; COST.—The

20 complaining tribe, or its designee, and the local edu21 cational agency shall be entitled to present evidence

22 on matters relevant to the complaint and to make rec23 ommendations concerning the appropriate remedial

24 actions. Each party to the hearing shall bear only its

25 own costs in the proceedings.
1064

•S 1513 RS

1 ‘‘(4) F INDINGS AND RECOMMENDATIONS.—With2 in 30 days of the completion of the hearing, the hear3 ing examiner shall, on the basis of the record, make

4 written findings of fact and recommendations con5 cerning appropriate remedial action, if any, which

6 should be taken. The hearing examiner’s findings and

7 recommendations, along with the hearing record, shall

8 be forwarded to the Secretary.

9 ‘‘(5) WRITTEN DETERMINATION.—Within 30

10 days of his receipt of the findings, recommendations,

11 and record, the Secretary shall, on the basis of the

12 record, make a written determination of the appro13 priate remedial action, if any, to be taken by the local

14 educational agency, the schedule for completion of the

15 remedial action, and the reasons for the Secretary’s

16 decision.

17 ‘‘(6) COPIES PROVIDED.—Upon completion of his

18 final determination, the Secretary shall provide the

19 complaining tribe, or its designee, and the local edu20 cational agency with copies of the hearing record, the

21 hearing examiner’s findings and recommendations,

22 and the Secretary’s final determination. The final de23 termination of the Secretary shall be subject to judi24 cial review.
1065

•S 1513 RS

1 ‘‘(7) C ONSOLIDATION.—In all actions under this

2 subparagraph, the Secretary shall have discretion to

3 consolidate complaints involving the same tribe or

4 local educational agency.

5 ‘‘(8) WITHHOLDING.—If the local educational

6 agency rejects the determination of the Secretary, or

7 if the remedy required is not undertaken within the

8 time established and the Secretary determines that an

9 extension of the time established will not effectively

10 encourage the remedy required, the Secretary shall

11 withhold payment of all moneys to which such local

12 agency is eligible under section 9004 until such time

13 as the remedy required is undertaken, except where

14 the complaining tribe or its designee formally requests

15 that such funds be released to the local educational

16 agency, except that the Secretary may not withhold

17 such moneys during the course of the school year if

18 the Secretary determines that such withholding would

19 substantially disrupt the educational programs of the

20 local educational agency.

21 ‘‘(9) REJECTION OF DETERMINATION.—If the

22 local educational agency rejects the determination of

23 the Secretary and a tribe exercises the option under

24 section 1101(d) of the Education Amendments of

25 1978, to have education services provided either di-
1066

•S 1513 RS

1 rectly by the Bureau of Indian Affairs or by contract

2 with the Bureau of Indian Affairs, any Indian stu3 dents affiliated with that tribe who wish to remain in

4 attendance at the local educational agency against

5 whom the complaint which led to the tribal action

6 under such subsection (d) was lodged may be counted

7 with respect to that local educational agency for the

8 purpose of receiving funds under section 9004. In

9 such event, funds under such section shall not be with10 held pursuant to subparagraph (D) and no further

11 complaints with respect to such students may be filed

12 under subparagraph (C)(i).

13 ‘‘(f) C ONSTRUCTION.—This section is based upon the

14 special relationship between the Indian nations and the

15 United States and nothing in this section shall be construed

16 to relieve any State of any duty with respect to any citizens

17 of that State.

18 ‘‘SEC. 9006. APPLICATION FOR PAYMENTS UNDER SECTIONS

19 9003 AND 9004.

20 ‘‘(a) IN GENERAL.—A local educational agency desir21 ing to receive a payment under section 9003 or 9004 shall—

22 ‘‘(1) submit an application for such payment to

23 the Secretary; and

24 ‘‘(2) provide a copy of such application to the

25 State educational agency.
1067

•S 1513 RS

1 ‘‘(b) CONTENTS.—Each such application shall be sub2 mitted in such form and manner, and shall contain such

3 information, as the Secretary may require, including—

4 ‘‘(1) information to determine the eligibility of

5 the local educational agency for a payment and the

6 amount of such payment; and

7 ‘‘(2) where applicable, an assurance that such

8 agency is in compliance with section 9005 (relating

9 to children residing on Indian lands).

10 ‘‘(c) DEADLINE FOR SUBMISSION.—The Secretary

11 shall establish deadlines for the submission of applications

12 under this section.

13 ‘‘(d) APPROVAL.—

14 ‘‘(1) I N GENERAL.—The Secretary shall approve

15 an application submitted under this section that—

16 ‘‘(A) except as provided in paragraph (2),

17 is filed by the deadline established under sub18 section (c); and

19 ‘‘(B) otherwise meets the requirements of

20 this title.

21 ‘‘(2) REDUCTION IN PAYMENT.—The Secretary

22 shall approve an application filed not more than 60

23 days after a deadline established under subsection (c)

24 that otherwise meets the requirements of this title, ex25 cept that, notwithstanding section 9004(e), the Sec-
1068

•S 1513 RS

1 retary shall reduce the payment based on such late

2 application by 10 percent of the amount that would

3 otherwise be paid.

4 ‘‘(3) LATE APPLICATIONS.—The Secretary shall

5 not accept or approve any application that is filed

6 more than 60 days after a deadline established under

7 subsection (c).

8 ‘‘(4) S TATE APPLICATION AUTHORITY.—Notwith9 standing any provision of law, a State educational

10 agency that had been accepted as an applicant for

11 funds under section 3 of the Act of September 30,

12 1950 (Public Law 874, 81st Congress) in fiscal year

13 1994 shall be permitted to continue as an applicant

14 under the same conditions by which such agency

15 made application during such fiscal year only if such

16 State educational agency distributes all funds received

17 for the students for which application is being made

18 by such State educational agency to the local edu19 cational agencies providing educational services to

20 such students.

21 ‘‘SEC. 9007. PAYMENTS FOR SUDDEN AND SUBSTANTIAL IN22 CREASES IN ATTENDANCE OF MILITARY DE23 PENDENTS.

24 ‘‘(a) ELIGIBILITY.—A local educational agency is eli25 gible for a payment under this section if—
1069

•S 1513 RS

1 ‘‘(1) the number of children in average daily at2 tendance during the school year for which the deter3 mination is made is at least ten percent or 100 more

4 than the number of children in average daily attend5 ance in the school year preceding the school year for

6 which the determination is made; and

7 ‘‘(2) the number of children in average daily at8 tendance with a parent on active duty (as defined in

9 section 101(18) of title 37, United States Code) in the

10 Armed Forces who are in attendance at such agency

11 because of the assignment of their parent to a new

12 duty station between February 1 and September 30,

13 inclusive, of the fiscal year for which the determina14 tion is made, as certified by an appropriate local offi15 cial of the Department of Defense, is at least ten per16 cent or 100 more than the number of children in aver17 age daily attendance in the preceding school year.

18 ‘‘(b) A PPLICATION.—A local educational agency that

19 wishes to receive a payment under this section shall file an

20 application with the Secretary by October 15 of the school

21 year for which payment is requested, in such manner and

22 containing such information as the Secretary may pre23 scribe, including information demonstrating that such

24 agency is eligible for such a payment.
1070

•S 1513 RS

1 ‘‘(c) C HILDREN TO BE COUNTED.—For each eligible

2 local educational agency that applies for a payment under

3 this section, the Secretary shall determine the lesser of—

4 ‘‘(1) the increase in the number of children in

5 average daily attendance from the school year preced6 ing the fiscal year for which the determination is

7 made; and

8 ‘‘(2) the number of children described in sub9 section (a)(2).

10 ‘‘(d) PAYMENTS.—

11 ‘‘(1) I N GENERAL.—Except as provided in para12 graph (2), from the amount appropriated for a fiscal

13 year under section 9015(d), the Secretary shall pay

14 each local educational agency with an approved ap15 plication an amount equal to one-half of the national

16 average per-pupil expenditure multiplied by the num17 ber of such children determined under subsection (c)

18 for that local educational agency.

19 ‘‘(2) RATABLE REDUCTION.—(A) If the amount

20 appropriated to carry out this section for any fiscal

21 year is insufficient to pay the full payment that all

22 eligible local educational agencies are eligible to re23 ceive under this section for such year, then the Sec24 retary shall ratably reduce the payments to such

25 agencies for such year.
1071

•S 1513 RS

1 ‘‘(B) If additional funds become available for

2 making payments under paragraph (1) for such fiscal

3 year, payments that were reduced under subpara4 graph (A) shall be increased on the same basis as such

5 payments were reduced.

6 ‘‘(e) NOTIFICATION PROCESS.—

7 ‘‘(1) ESTABLISHMENT.—The Secretary shall es8 tablish, with the Secretary of Defense, a notification

9 process relating to the closure of Department of De10 fense facilities, or the adjustment of personnel levels

11 assigned to such facilities, which may substantially

12 affect the student enrollment levels of local edu13 cational agencies which receive or may receive pay14 ments under this title.

15 ‘‘(2) I NFORMATION.—Such process shall provide

16 timely information regarding such closures and such

17 adjustments—

18 ‘‘(A) by the Secretary of Defense to the Sec19 retary; and

20 ‘‘(B) by the Secretary to the affected local

21 educational agencies.

22 ‘‘SEC. 9008. CONSTRUCTION.

23 ‘‘(a) PAYMENTS AUTHORIZED.—From the amount ap24 propriated for each fiscal year under section 9015(e), the
1072

•S 1513 RS

1 Secretary shall make payments to each local educational

2 agency—

3 ‘‘(1) that receives a basic payment under section

4 9004(b); and

5 ‘‘(2)(A) in which the number of children deter6 mined under section 9004(a)(1)(C) constituted at

7 least 50 percent of the number of children who were

8 in average daily attendance in the schools of such

9 agency during the preceding school year;

10 ‘‘(B) that receives assistance under section

11 9004(f); or

12 ‘‘(C) that receives assistance under section 9007.

13 ‘‘(b) A MOUNT OF PAYMENTS.—The amount of a pay14 ment to each such agency for a fiscal year shall be equal

15 to—

16 ‘‘(1) the amount appropriated under section

17 9015(e) for such year; divided by

18 ‘‘(2) the number of children determined under

19 section 9004(a)(2) for all local educational agencies

20 described in subsection (a), but not including any

21 children attending a school assisted or provided by the

22 Secretary under section 9009 or section 10 of the Act

23 of September 23, 1950 (Public Law 815, 81st Con24 gress) (as such Act was in effect on the day preceding
1073

•S 1513 RS

1 the date of enactment of the Improving America’s

2 Schools Act of 1994); multiplied by

3 ‘‘(3) the number of such children determined for

4 such agency.

5 ‘‘(c) U SE OF FUNDS.—Any local educational agency

6 that receives funds under this section shall use such funds

7 for construction, as defined in section 9014(3).

8 ‘‘SEC. 9009. FACILITIES.

9 ‘‘(a) CURRENT FACILITIES.—From the amount appro10 priated for any fiscal year under section 9015(f), the Sec11 retary may continue to provide assistance for school facili12 ties that were supported by the Secretary under section 10

13 of the Act of September 23, 1950 (Public Law 815, 81st

14 Congress) (as such Act was in effect on the day preceding

15 the date of the enactment of the Improving America’s

16 Schools Act of 1994).

17 ‘‘(b) TRANSFER OF FACILITIES.—

18 ‘‘(1) I N GENERAL.—The Secretary shall, as soon

19 as practicable, transfer to the appropriate local edu20 cational agency or another appropriate entity all the

21 right, title, and interest of the United States in and

22 to each facility provided under section 10 of the Act

23 of September 23, 1950 (Public Law 815, 81st Con24 gress), or under section 204 or 310 of the Act of Sep-
1074

•S 1513 RS

1 tember 30, 1950 (Public Law 874, 81st Congress) (as

2 such Acts were in effect on January 1, 1958).

3 ‘‘(2) OTHER REQUIREMENTS.—Any such transfer

4 shall be without charge to such agency or entity, and

5 prior to such transfer, the transfer shall be consented

6 to by the local educational agency or other appro7 priate entity, and may be made on such terms and

8 conditions as the Secretary deems appropriate to

9 carry out the purposes of this title.

10 ‘‘SEC. 9010. TREATMENT OF PAYMENTS BY THE STATES IN

11 DETERMINING ELIGIBILITY FOR, AND THE

12 AMOUNT OF, STATE AID.

13 ‘‘(a) I N GENERAL.—Except as provided in subsection

14 (b), no payments may be made under this title for any fis15 cal year to any local educational agency in any State if—

16 ‘‘(1) such State has taken into consideration

17 payments under this title in determining—

18 ‘‘(A) the eligibility of any local educational

19 agency in that State for State aid for free public

20 education of children; or

21 ‘‘(B) the amount of such aid with respect to

22 any such agency;

23 during that fiscal year or the preceding fiscal year;

24 or
1075

•S 1513 RS

1 ‘‘(2) such State makes such aid available to local

2 educational agencies in such a manner as to result in

3 less State aid to any local educational agency which

4 is eligible for payments under this title than such

5 agency would receive if such agency were not so eligi6 ble.

7 ‘‘(b) EXCEPTION.—

8 ‘‘(1) IN GENERAL.—Notwithstanding subsection

9 (a), if a State has in effect a program of State aid

10 for free public education for any fiscal year, which is

11 designed to equalize expenditures for free public edu12 cation among the local educational agencies of that

13 State, payments under this title for any fiscal year

14 may be taken into consideration by such State in de15 termining the relative—

16 ‘‘(A) financial resources available to local

17 educational agencies in that State; and

18 ‘‘(B) financial need of such agencies for the

19 provision of free public education for children

20 served by such agency, provided that a State

21 may consider as local resources funds received

22 under this title only in proportion to the share

23 that local tax revenues covered under a State

24 equalization program are of total local tax reve25 nues.
1076

•S 1513 RS

1 ‘‘(2) SPECIAL RULE.—The portion of payments

2 under sections 9004(b), 9004(d) and 9004(f)(1) for

3 children described in section 9004(a)(1)(C) which are

4 attributable to the difference between the total weight5 ed student units determined under section

6 9004(a)(2)(B) and the total weighted student units

7 determined under section 9004(a)(2)(A), shall not be

8 taken into consideration by the State for the purpose

9 of this subparagraph. Whenever a State educational

10 agency or local educational agency will be adversely

11 affected by the operation of this section, such agency

12 shall be afforded notice and an opportunity for a

13 hearing prior to the reduction or termination of pay14 ments pursuant to this section.

15 ‘‘(3) DEFINITIONS.—The terms ‘State aid’ and

16 ‘equalize expenditures’ as used in this section shall be

17 defined by the Secretary by regulation, after consulta18 tion with State and local educational agencies af19 fected by this section, provided that the term ‘equalize

20 expenditures’ shall not be construed in any manner

21 adverse to a program of State aid for free public edu22 cation which provides for taking into consideration

23 the additional cost of providing free public education

24 for particular groups or categories of pupils in meet25 ing the special educational needs of such children as
1077

•S 1513 RS

1 disabled children, economically disadvantaged chil2 dren, limited-English proficient children, and gifted

3 and talented children.

4 ‘‘(4) NOTICE AND CERTIFICATION.—(A) If a

5 State desires to take payments under this title into

6 consideration as provided in this subsection for any

7 fiscal year, that State shall, not later than 60 days

8 prior to the beginning of such fiscal year, submit no9 tice to the Secretary of its intention to do so. Such

10 notice shall be in such form and be accompanied by

11 such information as to enable the Secretary to deter12 mine the extent to which the program of State aid of

13 that State is consistent with the provisions of para14 graph (1). In addition, such notice shall be accom15 panied by such evidence as the Secretary finds nec16 essary that each local educational agency in that

17 State has been given notice of the intention of the

18 State. If the Secretary determines that the program of

19 State aid of a State submitting notice under this

20 paragraph is consistent with the provisions of para21 graph (1), the Secretary shall certify such determina22 tion to that State.

23 ‘‘(B) Prior to certifying any determination

24 under subparagraph (A) for any State for any fiscal

25 year, the Secretary shall give the local educational
1078

•S 1513 RS

1 agencies in that State an opportunity for a hearing

2 at which such agencies may present their views with

3 respect to the consistency of the State aid program of

4 that State with the provisions of paragraph (1).

5 ‘‘(C) The Secretary shall not finally deny to any

6 State for any fiscal year certification of a determina7 tion under subparagraph (A) without first giving that

8 State an opportunity for a hearing.

9 ‘‘(5) R EQUIREMENT.—Any State whose program

10 of State aid was certified by the Secretary under

11 paragraph (4) for fiscal year 1988, but whose pro12 gram was determined by the Secretary under para13 graph (4)(A) not to meet the requirements of para14 graph (1) for one or more of the fiscal years 1989

15 through 1992—

16 ‘‘(A) shall be deemed to have met the re17 quirements of paragraph (1) for each of the fiscal

18 years 1989 through 1992; and

19 ‘‘(B) shall not, beginning with fiscal year

20 1993, and notwithstanding any other provision

21 of this paragraph, take payments under this title

22 into consideration as provided under paragraph

23 (1) for any fiscal year unless the Secretary has

24 previously certified such State’s program for

25 such fiscal year.
1079

•S 1513 RS

1 ‘‘(6) GRANDFATHER CLAUSE.—Notwithstanding

2 any other provision of law, a State shall be deemed

3 to meet the requirements of this subsection if such

4 State—

5 ‘‘(A) met the requirements of section 5(d)(2)

6 of the Act of September 30, 1950 (Public Law

7 874, 81st Congress) on July 1, 1994; and

8 ‘‘(B) continues to meet the requirements of

9 such section 5(d)(2) for each fiscal year for

10 which the determination is made.

11 ‘‘SEC. 9011. FEDERAL ADMINISTRATION.

12 ‘‘(a) P AYMENTS IN WHOLE DOLLAR AMOUNTS.—The

13 Secretary shall round any payments under this title to the

14 nearest whole dollar amount.

15 ‘‘(b) OTHER AGENCIES.—Each Federal agency admin16 istering Federal property on which children reside, and

17 each agency principally responsible for an activity that

18 may occasion assistance under this title, shall, to the maxi19 mum extent practicable, comply with requests of the Sec20 retary for information the Secretary may require to carry

21 out this title.

22 ‘‘SEC. 9012. ADMINISTRATIVE HEARINGS AND JUDICIAL RE23 VIEW.

24 ‘‘(a) ADMINISTRATIVE HEARINGS.—A local edu25 cational agency and a State that is adversely affected by
1080

•S 1513 RS

1 any action of the Secretary under this title shall be entitled

2 to a hearing on such action in the same manner as if such

3 agency were a person under chapter 5 of title 5, United

4 States Code.

5 ‘‘(b) JUDICIAL REVIEW OF SECRETARIAL ACTION.—

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

7 or a State aggrieved by the Secretary’s final decision

8 following an agency proceeding under subsection (a)

9 may, within 60 days after receiving notice of such de10 cision, file with the United States court of appeals for

11 the circuit in which such agency or State is located

12 a petition for review of that action. The clerk of the

13 court shall promptly transmit a copy of the petition

14 to the Secretary. The Secretary shall then file in the

15 court the record of the proceedings on which the Sec16 retary’s action was based, as provided in section 2112

17 of title 28, United States Code.

18 ‘‘(2) FINDINGS OF FACT.—The findings of fact by

19 the Secretary, if supported by substantial evidence,

20 shall be conclusive, but the court, for good cause

21 shown, may remand the case to the Secretary to take

22 further evidence. The Secretary may thereupon make

23 new or modified findings of fact and may modify the

24 Secretary’s previous action, and shall file in the court

25 the record of the further proceedings. Such new or
1081

•S 1513 RS

1 modified findings of fact shall likewise be conclusive

2 if supported by substantial evidence.

3 ‘‘(3) REVIEW.—The court shall have exclusive ju4 risdiction to affirm the action of the Secretary or to

5 set it aside, in whole or in part. The judgment of the

6 court shall be subject to review by the Supreme Court

7 of the United States upon certiorari or certification

8 as provided in section 1254 of title 28, United States

9 Code.

10 ‘‘SEC. 9013. FORGIVENESS OF OVERPAYMENTS.

11 ‘‘Notwithstanding any other provision of law, the Sec12 retary may forgive the obligation of a local educational

13 agency to repay, in whole or in part, the amount of any

14 overpayment received under this title, or under the Act of

15 September 30, 1950 (Public Law 874, 81st Congress) or the

16 Act of September 23, 1950 (Public Law 815, 81st Congress),

17 if the Secretary determines that the overpayment was made

18 as a result of an error made by—

19 ‘‘(1) the Secretary; or

20 ‘‘(2) the local educational agency and repayment

21 of the full amount of the overpayment will result in

22 an undue financial hardship on the agency and seri23 ously harm the agency’s educational program.
1082

•S 1513 RS

1 ‘‘SEC. 9014. DEFINITIONS.

2 ‘‘For purposes of this title, the following definitions

3 apply:

4 ‘‘(1) A RMED FORCES.—The term ‘Armed Forces’

5 means the Army, Navy, Air Force, and Marine Corps.

6 ‘‘(2) AVERAGE PER PUPIL EXPENDITURE.—The

7 term ‘average per pupil expenditure’ means—

8 ‘‘(A) the aggregate current expenditures of

9 all local educational agencies in the State; di10 vided by

11 ‘‘(B) the total number of children in average

12 daily attendance for whom such agencies pro13 vided free public education.

14 ‘‘(3) CONSTRUCTION.—The term ‘construction’

15 means—

16 ‘‘(A) the preparation of drawings and speci17 fications for school facilities;

18 ‘‘(B) erecting, building, acquiring, altering,

19 remodeling, repairing, or extending school facili20 ties;

21 ‘‘(C) inspecting and supervising the con22 struction of school facilities; and

23 ‘‘(D) debt service for such activities.

24 ‘‘(4) C URRENT EXPENDITURES.—The term ‘cur25 rent expenditures’ means expenditures for free public

26 education, including expenditures for administration,
1083

•S 1513 RS

1 instruction, attendance and health services, pupil

2 transportation services, operation and maintenance of

3 plant, fixed charges, and net expenditures to cover

4 deficits for food services and student body activities,

5 but does not include expenditures for community serv6 ices, capital outlay, and debt service, or any expendi7 tures made from funds awarded under part A of title

8 I and title XIII. The determination of whether an ex9 penditure for the replacement of equipment is consid10 ered a current expenditure or a capital outlay shall

11 be determined in accordance with generally accepted

12 accounting principles as determined by the State.

13 ‘‘(5) FEDERAL PROPERTY.—

14 ‘‘(A) I N GENERAL.—Except as provided in

15 subparagraphs (B) through (F), the term ‘Fed16 eral property’ means real property that is not

17 subject to taxation by any State or any political

18 subdivision of a State due to Federal agreement,

19 law, or policy, and that is—

20 ‘‘(i) owned by the United States or

21 leased by the United States from another

22 entity;

23 ‘‘(ii)(I) held in trust by the United

24 States for individual Indians or Indian

25 tribes;
1084

•S 1513 RS

1 ‘‘(II) held by individual Indians or In2 dian tribes subject to restrictions on alien3 ation imposed by the United States;

4 ‘‘(III) conveyed at any time under the

5 Alaska Native Claims Settlement Act to a

6 Native individual, Native group, or village

7 or regional corporation;

8 ‘‘(IV) public land owned by the United

9 States that is designated for the sole use and

10 benefit of individual Indians or Indian

11 tribes; or

12 ‘‘(V) used for low-rent housing, as de13 scribed in paragraph (10) that is located on

14 land described in subclause (I), (II), (III),

15 or (IV) of this clause or on land that met

16 one of those descriptions immediately before

17 such property’s use for such housing;

18 ‘‘(iii)(I) part of a low-rent housing

19 project assisted under the United States

20 Housing Act of 1937; or

21 ‘‘(II) used to provide housing for home22 less children at closed military installations

23 pursuant to section 501 of the Stewart B.

24 McKinney Homeless Assistance Act; or
1085

•S 1513 RS

1 ‘‘(iv) owned by a foreign government

2 or by an international organization.

3 ‘‘(B) SCHOOLS PROVIDING FLIGHT TRAINING

4 TO MEMBERS OF AIR FORCE.—The term ‘Federal

5 property’ includes, so long as not subject to tax6 ation by any State or any political subdivision

7 of a State, and whether or not that tax exemp8 tion is due to Federal agreement, law, or policy,

9 any school providing flight training to members

10 of the Air Force.

11 ‘‘(C) NON-FEDERAL EASEMENTS, LEASES,

12 LICENSES, PERMITS, IMPROVEMENTS, AND CER13 TAIN OTHER REAL PROPERTY.—The term ‘Fed14 eral property’ includes, whether or not subject to

15 taxation by a State or a political subdivision of

16 a State—

17 ‘‘(i) any non-Federal easement, lease,

18 license, permit, or other such interest in

19 Federal property as otherwise described in

20 this paragraph, but not including any non21 Federal fee-simple interest;

22 ‘‘(ii) any improvement on Federal

23 property as otherwise described in this

24 paragraph; and
1086

•S 1513 RS

1 ‘‘(iii) real property that, immediately

2 before its sale or transfer to a non-Federal

3 party, was owned by the United States and

4 otherwise qualified as Federal property de5 scribed in this paragraph, but only for one

6 year beyond the end of the fiscal year of

7 such sale or transfer.

8 ‘‘(D) CERTAIN POSTAL SERVICE PROPERTY

9 AND PIPELINES AND UTILITY LINES.—Notwith10 standing any other provision of this paragraph,

11 the term ‘Federal property’ does not include—

12 ‘‘(i) any real property under the juris13 diction of the United States Postal Service

14 that is used primarily for the provision of

15 postal services; or

16 ‘‘(ii) pipelines and utility lines.

17 ‘‘(E) P ROPERTY WITH RESPECT TO WHICH

18 STATE OR LOCAL TAX REVENUES MAY NOT BE

19 EXPENDED, ALLOCATED, OR AVAILABLE FOR

20 FREE PUBLIC EDUCATION.—Notwithstanding

21 any other provision of this paragraph, ‘Federal

22 property’ does not include any property on

23 which children reside that is otherwise described

24 in this paragraph if—
1087

•S 1513 RS

1 ‘‘(i) no tax revenues of the State or of

2 any political subdivision of the State may

3 be expended for the free public education of

4 children who reside on that Federal prop5 erty; or

6 ‘‘(ii) no tax revenues of the State are

7 allocated or available for the free public

8 education of such children.

9 ‘‘(F) PROPERTY LOCATED IN THE STATE OF

10 OKLAHOMA OWNED BY INDIAN HOUSING AUTHOR11 ITY FOR LOW-INCOME HOUSING.—The term ‘Fed12 eral property’ includes any real property located

13 in the State of Oklahoma that—

14 ‘‘(i) is owned by an Indian housing

15 authority and used for low-income housing

16 (including housing assisted under the mu17 tual help ownership opportunity program

18 under section 202 of the United States

19 Housing Act of 1937); and

20 ‘‘(ii) at any time—

21 ‘‘(I) was designated by treaty as

22 tribal land; or

23 ‘‘(II) satisfied the definition of

24 Federal property under section

25 403(1)(A) of the Act of September 30,
1088

•S 1513 RS

1 1950 (Public Law 874, 81st Congress)

2 (as such Act was in existence on the

3 day preceding the date of enactment of

4 the Improving America’s Schools Act of

5 1994).

6 ‘‘(6) F REE PUBLIC EDUCATION.—The term ‘free

7 public education’ means education that is provided—

8 ‘‘(A) at public expense, under public super9 vision and direction, and without tuition charge;

10 and

11 ‘‘(B) as elementary or secondary education,

12 as determined under State law, except that, not13 withstanding State law, such term—

14 ‘‘(i) includes preschool education; and

15 ‘‘(ii) does not include any education

16 provided beyond grade 12.

17 ‘‘(7) INDIAN LANDS.—The term ‘Indian lands’

18 means any Federal property described in paragraph

19 (5)(A)(ii) or (5)(F).

20 ‘‘(8) LOCAL CONTRIBUTION PERCENTAGE.—

21 ‘‘(A) IN GENERAL.—The term ‘local con22 tribution percentage’ means the percentage of

23 current expenditures in the State derived from

24 local and intermediate sources, as reported to
1089

•S 1513 RS

1 and verified by the National Center for Edu2 cation Statistics.

3 ‘‘(B) HAWAII AND DISTRICT OF COLUM4 BIA.—Notwithstanding subparagraph (A), the

5 local contribution percentage for Hawaii and for

6 the District of Columbia shall be the average

7 local contribution percentage for all States.

8 ‘‘(9) LOCAL EDUCATIONAL AGENCY.—

9 ‘‘(A) I N GENERAL.—Except as provided in

10 subparagraph (B), the term ‘local educational

11 agency’—

12 ‘‘(i) means a board of education or

13 other legally constituted local school author14 ity having administrative control and di15 rection of free public education in a county,

16 township, independent school district, or

17 other school district; and

18 ‘‘(ii) includes any State agency that

19 directly operates and maintains facilities

20 for providing free public education.

21 ‘‘(B) EXCEPTION.—The term ‘local edu22 cational agency’ does not include any agency or

23 school authority that the Secretary determines on

24 a case-by-case basis—
1090

•S 1513 RS

1 ‘‘(i) was constituted or reconstituted

2 primarily for the purpose of receiving as3 sistance under this title or the Act of Sep4 tember 30, 1950 (Public Law 874, 81st Con5 gress) or increasing the amount of such as6 sistance; or

7 ‘‘(ii) is not constituted or reconstituted

8 for legitimate educational purposes.

9 ‘‘(10) LOW-RENT HOUSING.—The term ‘low-rent

10 housing’ means housing located on property that is

11 described in paragraph (5)(A)(iii).

12 ‘‘(11) REVENUE DERIVED FROM LOCAL

13 SOURCES.—The term ‘revenue derived from local

14 sources’ means—

15 ‘‘(A) revenue produced within the bound16 aries of a local educational agency and available

17 to such agency for such agency’s use; or

18 ‘‘(B) funds collected by another govern19 mental unit, but distributed back to a local edu20 cational agency in the same proportion as such

21 funds were collected as a local revenue source.

22 ‘‘(12) S CHOOL FACILITIES.—The term ‘school fa23 cilities’ includes—

24 ‘‘(A) classrooms and related facilities; and
1091

•S 1513 RS

1 ‘‘(B) equipment, machinery, and utilities

2 necessary or appropriate for school purposes.

3 ‘‘SEC. 9015. AUTHORIZATION OF APPROPRIATIONS.

4 ‘‘(a) PAYMENTS FOR FEDERAL ACQUISITION OF REAL

5 PROPERTY.—For the purpose of making payments under

6 section 9003, there are authorized to be appropriated

7 $16,750,000 for fiscal year 1995, and such sums as may

8 be necessary for each of the 4 succeeding fiscal years.

9 ‘‘(b) B ASIC PAYMENTS; P AYMENTS FOR HEAVILY IM10 PACTED LOCAL EDUCATIONAL AGENCIES.—For the purpose

11 of making payments under subsections (b) and (f) of section

12 9004, there are authorized to be appropriated $775,000,000

13 for fiscal year 1995 and such sums as may be necessary

14 for each of the 4 succeeding fiscal years, of which 6 percent

15 shall be available, until expended, for each fiscal year to

16 carry out section 9004(f).

17 ‘‘(c) PAYMENTS FOR CHILDREN WITH DISABIL18 ITIES.—For the purpose of making payments under section

19 9004(d), there are authorized to be appropriated

20 $45,000,000 for fiscal year 1995 and such sums as may be

21 necessary for each of the 4 succeeding fiscal years.

22 ‘‘(d) P AYMENTS FOR INCREASES IN MILITARY CHIL23 DREN.—For the purpose of making payments under section

24 9007, there are authorized to be appropriated $2,000,000
1092

•S 1513 RS

1 for fiscal year 1995 and such sums as may be necessary

2 for each of the 4 succeeding fiscal years.

3 ‘‘(e) CONSTRUCTION.—For the purpose of carrying out

4 section 9008, there are authorized to be appropriated

5 $25,000,000 for fiscal year 1995 and such sums as may be

6 necessary for each of the 4 succeeding fiscal years.

7 ‘‘(f) FACILITIES MAINTENANCE.—For the purpose of

8 carrying out section 9009, there are authorized to be appro9 priated $2,000,000 for fiscal year 1995 and such sums as

10 may be necessary for each of the 4 succeeding fiscal years.

11 ‘‘PART B—EMERGENCY IMMIGRANT EDUCATION

12 PROGRAM

13 ‘‘SEC. 9201. PURPOSE; DEFINITION.

14 ‘‘(a) P URPOSE.—The purpose of this part is to assist

15 eligible local educational agencies that experience unexpect16 edly large increases in their student population due to im17 migration to—

18 ‘‘(1) provide high-quality instruction to immi19 grant children and youth; and

20 ‘‘(2) help such children and youth—

21 ‘‘(A) with their transition into American

22 society; and

23 ‘‘(B) meet the same challenging State per24 formance standards expected of all children and

25 youth.
1093

•S 1513 RS

1 ‘‘(b) DEFINITION.—For the purpose of this subpart, the

2 term ‘immigrant children and youth’ means individuals

3 who—

4 ‘‘(1) are aged three through 21;

5 ‘‘(2) were not born in any State; and

6 ‘‘(3) have not been attending one or more schools

7 in any one or more States for more than two full aca8 demic years.

9 ‘‘SEC. 9202. STATE ADMINISTRATIVE COSTS.

10 ‘‘For any fiscal year, a State educational agency may

11 reserve not more than 1.5 percent of the amount allocated

12 to such agency under section 9204 to pay the costs of per13 forming such agency’s administrative functions under this

14 part.

15 ‘‘SEC. 9203. WITHHOLDING.

16 ‘‘Whenever the Secretary, after reasonable notice and

17 opportunity for a hearing to any State educational agency,

18 finds that there is a failure to meet the requirement of any

19 provision of this part, the Secretary shall notify that agency

20 that further payments will not be made to the agency under

21 this part, or in the discretion of the Secretary, that the

22 State educational agency shall not make further payments

23 under this part to specified local educational agencies whose

24 actions cause or are involved in such failure until the Sec25 retary is satisfied that there is no longer any such failure
1094

•S 1513 RS

1 to comply. Until the Secretary is so satisfied, no further

2 payments shall be made to the State educational agency

3 under this part, or payments by the State educational agen4 cy under this part shall be limited to local educational

5 agencies whose actions did not cause or were not involved

6 in the failure, as the case may be.

7 ‘‘SEC. 9204. STATE ALLOCATIONS.

8 ‘‘(a) P AYMENTS.—The Secretary shall, in accordance

9 with the provisions of this section, make payments to State

10 educational agencies for each of the fiscal years 1995

11 through 1999 for the purpose set forth in section 9201(a).

12 ‘‘(b) ALLOCATIONS.—

13 ‘‘(1) I N GENERAL.—Except as provided in sub14 sections (c), (d) and (e), of the amount appropriated

15 for each fiscal year for this part, each State partici16 pating in the program assisted under this part shall

17 receive an allocation equal to the proportion of such

18 State’s number of immigrant children and youth who

19 are enrolled in elementary and secondary public

20 schools under the jurisdiction of each local edu21 cational agency described in paragraph (2) within

22 such State, and in elementary and secondary

23 nonpublic schools within the district served by each

24 such local educational agency, relative to the total

25 number of immigrant children and youth so enrolled
1095

•S 1513 RS

1 in all the States participating in the program as2 sisted under this part.

3 ‘‘(2) ELIGIBLE LOCAL EDUCATIONAL AGEN4 CIES.—The local educational agencies referred to in

5 paragraph (1) are those local educational agencies in

6 which the sum of the number of immigrant children

7 and youth who are enrolled in elementary or second8 ary public schools under the jurisdiction of such agen9 cies, and in elementary or secondary nonpublic

10 schools within the districts served by such agencies,

11 during the fiscal year for which the payments are to

12 be made under this part, is equal to—

13 ‘‘(A) at least 500; or

14 ‘‘(B) at least 3 percent of the total number

15 of students enrolled in such public or nonpublic

16 schools during such fiscal year,

17 whichever number is less.

18 ‘‘(c) DETERMINATIONS OF NUMBER OF CHILDREN AND

19 YOUTH.—

20 ‘‘(1) I N GENERAL.—Determinations by the Sec21 retary under this section for any period with respect

22 to the number of immigrant children and youth shall

23 be made on the basis of data or estimates provided to

24 the Secretary by each State educational agency in ac25 cordance with criteria established by the Secretary,
1096

•S 1513 RS

1 unless the Secretary determines, after notice and op2 portunity for a hearing to the affected State

3 educational agency, that such data or estimate are

4 clearly erroneous.

5 ‘‘(2) SPECIAL RULE.—No such determination

6 with respect to the number of immigrant children and

7 youth shall operate because of an underestimate or

8 overestimate to deprive any State educational agency

9 of the allocation under this section that such State

10 would otherwise have received had such determination

11 been made on the basis of accurate data.

12 ‘‘(d) R EALLOCATION.—Whenever the Secretary deter13 mines that any amount of a payment made to a State

14 under this part for a fiscal year will not be used by such

15 State for carrying out the purpose for which the payment

16 was made, the Secretary shall make such amount available

17 for carrying out such purpose to one or more other States

18 to the extent the Secretary determines that such other States

19 will be able to use such additional amount for carrying out

20 such purpose. Any amount made available to a State from

21 any appropriation for a fiscal year in accordance with the

22 preceding sentence shall, for purposes of this part, be re23 garded as part of such State’s payment (as determined

24 under subsection (b)) for such year, but shall remain avail25 able until the end of the succeeding fiscal year.
1097

•S 1513 RS

1 ‘‘(e) RESERVATION OF FUNDS.—

2 ‘‘(1) I N GENERAL.—If the amount appropriated

3 to carry out this part exceeds $50,000,000 for a fiscal

4 year, the Secretary shall reserve the amount in excess

5 of $50,000,000 to award grants, on a competitive

6 basis, to local educational agencies that have enrolled

7 during the fiscal year for which the determination is

8 made—

9 ‘‘(A) at least 1,000 immigrant children and

10 youth; or

11 ‘‘(B) immigrant children and youth in

12 numbers that represent at least 10 percent of the

13 local educational agency’s total student enroll14 ment.

15 ‘‘(2) USE OF GRANT FUNDS.—Each local edu16 cational agency receiving a grant under paragraph

17 (1) shall use such grant funds to carry out the activi18 ties described in section 9207.

19 ‘‘(3) INFORMATION.—Local educational agencies

20 with the highest number of immigrant children and

21 youth receiving funds under paragraph (1) may make

22 information available on serving immigrant children

23 and youth to local educational agencies in the State

24 with sparse numbers of such children.
1098

•S 1513 RS

1 ‘‘(4) DURATION.—Grants awarded under para2 graph (1) shall be for a period of not more than two

3 years.

4 ‘‘(5) APPLICATIONS.—(A) Each eligible local

5 educational agency desiring a grant under this sub6 section shall submit to the Secretary an application

7 in such form, at such time, and containing such in8 formation and assurances as the Secretary may re9 quire.

10 ‘‘(B) Each such application shall—

11 ‘‘(i) describe—

12 ‘‘(I) the need for the proposed program,

13 including data on the number of immigrant

14 children and youth in the local educational

15 agency to be served and their characteris16 tics, such as language spoken, dropout rates,

17 proficiency in English and the native lan18 guage, and academic standing in relation to

19 their English proficient peers; and

20 ‘‘(II) the program to be implemented

21 and how such program’s design relates to

22 the linguistic and academic needs of the im23 migrant children and youth to be served;

24 and
1099

•S 1513 RS

1 ‘‘(ii) provide an assurance that the appli2 cant will not reduce the level of State and local

3 funds that the applicant expends for instruc4 tional programs for immigrant children and

5 youth if the applicant receives an award under

6 this part.

7 ‘‘SEC. 9205. STATE APPLICATIONS.

8 ‘‘(a) SUBMISSION.—No State educational agency shall

9 receive any payment under this part for any fiscal year

10 unless such agency submits an application to the Secretary

11 at such time, in such manner, and containing or accom12 panied by such information, as the Secretary may reason13 ably require. Each such application shall—

14 ‘‘(1) provide that the educational programs, serv15 ices, and activities for which payments under this

16 part are made will be administered by or under the

17 supervision of the agency;

18 ‘‘(2) provide assurances that payments under

19 this part will be used for purposes set forth in sections

20 9201 and 9207, including a description of how local

21 educational agencies receiving funds under this part

22 will use such funds to meet such purposes, and how

23 the program designs are consistent with other edu24 cation improvement plans;
1100

•S 1513 RS

1 ‘‘(3) provide an assurance that local educational

2 agencies receiving funds under this part will coordi3 nate the use of such funds with programs assisted

4 under title VII or title I;

5 ‘‘(4) provide assurances that such payments will

6 be distributed among local educational agencies with7 in that State on the basis of the number of immigrant

8 children and youth counted with respect to each such

9 local educational agency under section 9204(b)(1);

10 ‘‘(5) provide assurances that the State edu11 cational agency will not finally disapprove in whole

12 or in part any application for funds received under

13 this part without first affording the local educational

14 agency submitting an application for such funds rea15 sonable notice and opportunity for a hearing;

16 ‘‘(6) provide for making such reports as the Sec17 retary may reasonably require to perform the Sec18 retary’s functions under this part;

19 ‘‘(7) provide assurances—

20 ‘‘(A) that to the extent consistent with the

21 number of immigrant children and youth en22 rolled in the elementary or secondary nonpublic

23 schools within the district served by a local edu24 cational agency, such agency, after consultation

25 with appropriate officials of such schools, shall
1101

•S 1513 RS

1 provide for the benefit of such children and youth

2 secular, neutral, and nonideological services, ma3 terials, and equipment necessary for the edu4 cation of such children and youth;

5 ‘‘(B) that the control of funds provided

6 under this part to any materials, equipment,

7 and property repaired, remodeled, or constructed

8 with those funds shall be in a public agency for

9 the uses and purposes provided in this part, and

10 a public agency shall administer such funds and

11 property; and

12 ‘‘(C) that the provision of services pursuant

13 to this paragraph shall be provided by employees

14 of a public agency or through contract by such

15 public agency with a person, association, agency,

16 or corporation who or which, in the provision of

17 such services, is independent of such elementary

18 or secondary nonpublic school and of any reli19 gious organization, and such employment or con20 tract shall be under the control and supervision

21 of such public agency, and the funds provided

22 under this paragraph shall not be commingled

23 with State or local funds; and
1102

•S 1513 RS

1 ‘‘(8) provide an assurance that State and local

2 educational agencies receiving funds under this part

3 will comply with the requirements of section 1120(b).

4 ‘‘(b) APPLICATION REVIEW.—

5 ‘‘(1) IN GENERAL.—The Secretary shall review

6 all applications submitted pursuant to this section by

7 State educational agencies.

8 ‘‘(2) APPROVAL.—The Secretary shall approve

9 any application submitted by a State educational

10 agency that meets the requirements of this section.

11 ‘‘(3) DISAPPROVAL.—The Secretary shall dis12 approve any application submitted by a State edu13 cational agency which does not meet the requirements

14 of this section, but shall not finally disapprove an ap15 plication except after reasonable notice, provision of

16 technical assistance, and providing an opportunity

17 for a hearing to the State.

18 ‘‘SEC. 9206. ADMINISTRATIVE PROVISIONS.

19 ‘‘(a) N OTIFICATION OF AMOUNT.—The Secretary, not

20 later than June 1 of each year, shall notify each State edu21 cational agency that has an application approved under

22 section 9205 of the amount of such agency’s allocation

23 under section 9204 for the succeeding year.

24 ‘‘(b) SERVICES TO CHILDREN ENROLLED IN

25 NONPUBLIC SCHOOLS.—If by reason of any provision of
1103

•S 1513 RS

1 law a local educational agency is prohibited from providing

2 educational services for children enrolled in elementary and

3 secondary nonpublic schools, as required by section

4 9205(a)(7), or if the Secretary determines that a local edu5 cational agency has substantially failed or is unwilling to

6 provide for the participation on an equitable basis of chil7 dren enrolled in such schools, the Secretary may waive such

8 requirement and shall arrange for the provision of services

9 to such children through arrangements which shall be sub10 ject to the requirements of this part. Such waivers shall be

11 subject to consultation, withholding, notice, and judicial re12 view requirements in accordance with the provisions of title

13 I.

14 ‘‘SEC. 9207. USES OF FUNDS.

15 ‘‘(a) USE OF FUNDS.—Funds awarded under this part

16 shall be used to pay for enhanced instructional opportuni17 ties for immigrant children and youth, which may in18 clude—

19 ‘‘(1) family literacy, parent outreach, and train20 ing activities designed to assist parents to become ac21 tive participants in the education of their children;

22 ‘‘(2) salaries of personnel, including teacher

23 aides who have been specifically trained, or are being

24 trained, to provide services to immigrant children

25 and youth;
1104

•S 1513 RS

1 ‘‘(3) tutorials, mentoring, and academic or ca2 reer counseling for immigrant children and youth;

3 ‘‘(4) identification and acquisition of curricular

4 materials, educational software, and technologies to be

5 used in the program;

6 ‘‘(5) basic instructional services which are di7 rectly attributable to the presence in the school dis8 trict of immigrant children, including the costs of

9 providing additional classroom supplies, overhead

10 costs, costs of construction, acquisition or rental of

11 space, costs of transportation, or such other costs as

12 are directly attributable to such additional basic in13 structional services; and

14 ‘‘(6) such other activities, related to the purposes

15 of this part, as the Secretary may authorize.

16 ‘‘(b) CONSORTIA.—A local educational agency that re17 ceives a grant under this part may collaborate or form a

18 consortium with one or more local educational agencies, in19 stitutions of higher education, and nonprofit organizations

20 to carry out the program described in an application ap21 proved under this part.

22 ‘‘(c) SUBGRANTS.—A local educational agency that re23 ceives a grant under this part may, with the approval of

24 the Secretary, make a subgrant to, or enter into a contract

25 with, an institution of higher education, a nonprofit orga-
1105

•S 1513 RS

1 nization, or a consortium of such entities to carry out a

2 program described in an application approved under this

3 part, including a program to serve out-of-school youth.

4 ‘‘(d) CONSTRUCTION.—Nothing in this part shall be

5 construed to prohibit a local educational agency from serv6 ing immigrant children simultaneously with students with

7 similar educational needs, in the same educational settings

8 where appropriate.

9 ‘‘SEC. 9208. REPORTS.

10 ‘‘(a) BIENNIAL REPORT.—Each State educational

11 agency receiving funds under this part shall submit, once

12 every 2 years, a report to the Secretary concerning the ex13 penditure of funds by local educational agencies under this

14 part. Each local educational agency receiving funds under

15 this part shall submit to the State educational agency such

16 information as the State educational agency determines

17 may be necessary for such report.

18 ‘‘(b) REPORT TO CONGRESS.—The Secretary shall sub19 mit, once every 2 years, a report to the appropriate commit20 tees of the Congress concerning programs assisted under this

21 part in accordance with section 10701.

22 ‘‘SEC. 9209. AUTHORIZATION OF APPROPRIATIONS.

23 ‘‘For the purpose of carrying out this part, there are

24 authorized to be appropriated $75,000,000 for fiscal year
1106

•S 1513 RS

1 1995, and such sums as may be necessary for each of the

2 4 succeeding fiscal years.

3 ‘‘PART C—NATIVE HAWAIIAN EDUCATION

4 ‘‘SEC. 9301. SHORT TITLE.

5 ‘‘This part may be cited as the ‘Native Hawaiian Edu6 cation Act’.

7 ‘‘SEC. 9303. PURPOSE.

8 ‘‘It is the purpose of this part to—

9 ‘‘(1) authorize and develop supplemental edu10 cational programs to benefit Native Hawaiians;

11 ‘‘(2) provide direction and guidance to appro12 priate Federal, State, and local agencies to focus re13 sources, including resources made available under this

14 part, on Native Hawaiian education, through the es15 tablishment of a Native Hawaiian Education Coun16 cil, and five island councils; and

17 ‘‘(3) supplement and expand existing programs

18 and authorities in the area of Native Hawaiian edu19 cation to further such purposes.

20 ‘‘SEC. 9304. NATIVE HAWAIIAN CURRICULUM DEVELOP21 MENT, TEACHER TRAINING AND RECRUIT22 MENT PROGRAM.

23 ‘‘(a) GENERAL AUTHORITY.—The Secretary is author24 ized to make direct grants, to Native Hawaiian educational

25 organizations or educational entities with experience in de-
1107

•S 1513 RS

1 veloping or operating Native Hawaiian programs or pro2 grams of instruction conducted in the Native Hawaiian

3 language, for the following purposes:

4 ‘‘(1) C URRICULA.—The development of curricula

5 to address the needs of Native Hawaiian students,

6 particularly elementary and secondary school stu7 dents, which may include programs of instruction

8 conducted in the Native Hawaiian language, and

9 mathematics and science curricula incorporating the

10 relevant application of Native Hawaiian culture and

11 traditions.

12 ‘‘(2) PRETEACHER TRAINING.—The development

13 and implementation of preteacher training programs

14 in order to ensure that student teachers within the

15 State of Hawai‘i, particularly student teachers who

16 are likely to be employed in schools with a high con17 centration of Native Hawaiian students, are prepared

18 to better address the unique needs of Native Hawai19 ian students, within the context of Native Hawaiian

20 culture, language and traditions.

21 ‘‘(3) I NSERVICE TEACHER TRAINING.—The devel22 opment and implementation of inservice teacher

23 training programs, in order to ensure that teachers,

24 particularly teachers employed in schools with a high

25 concentration of Native Hawaiian students, are pre-
1108

•S 1513 RS

1 pared to better address the unique needs of Native

2 Hawaiian students, within the context of Native Ha3 waiian culture, language and traditions.

4 ‘‘(4) T EACHER RECRUITMENT.—The development

5 and implementation of teacher recruitment programs

6 to meet the objectives of—

7 ‘‘(A) enhancing teacher recruitment within

8 communities with a high concentration of Native

9 Hawaiian students; and

10 ‘‘(B) increasing the numbers of teachers who

11 are of Native Hawaiian ancestry.

12 ‘‘(b) P RIORITY.—In awarding grants under this sec13 tion, the Secretary shall give priority to awarding grants

14 for activities described in subsection (a) that focus on the

15 needs of at-risk youth or that employ a program of instruc16 tion conducted in the Native Hawaiian language.

17 ‘‘(c) A DMINISTRATIVE COSTS.—Not more than 7 per18 cent of the funds appropriated to carry out the provisions

19 of this section for any fiscal year may be used for adminis20 trative purposes.

21 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There

22 are authorized to be appropriated $2,000,000 for fiscal year

23 1995, and such sums as may be necessary for each of the

24 4 succeeding fiscal years, to carry out this section. Funds
1109

•S 1513 RS

1 appropriated under the authority of this subsection shall

2 remain available until expended.

3 ‘‘SEC. 9305. NATIVE HAWAIIAN COMMUNITY-BASED EDU4 CATION LEARNING CENTERS.

5 ‘‘(a) GENERAL AUTHORITY.—The Secretary is author6 ized to make direct grants, to collaborative efforts between

7 community-based Native Hawaiian organizations and com8 munity colleges, to develop, establish, and operate a mini9 mum of three community-based education learning centers.

10 ‘‘(b) PURPOSE.—The learning centers described in sub11 section (a) shall meet the needs of families and communities

12 through interdepartmental and interagency coordination of

13 new and existing public and private programs and services,

14 which may include—

15 ‘‘(1) preschool programs;

16 ‘‘(2) after-school programs; and

17 ‘‘(3) vocational and adult education programs.

18 ‘‘(c) A DMINISTRATIVE COSTS.—Not more than 7 per19 cent of the funds appropriated to carry out the provisions

20 of this section for any fiscal year may be used for adminis21 trative purposes.

22 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There

23 are authorized to be appropriated $1,000,000 for fiscal year

24 1995, and such sums as may be necessary for each of the

25 4 succeeding fiscal years, to carry out this section. Funds
1110

•S 1513 RS

1 appropriated under the authority of this subsection shall

2 remain available until expended.

3 ‘‘SEC. 9306. NATIVE HAWAIIAN FAMILY-BASED EDUCATION

4 CENTERS.

5 ‘‘(a) GENERAL AUTHORITY.—The Secretary is author6 ized to make direct grants, to Native Hawaiian educational

7 organizations or educational entities with experience in de8 veloping or operating Native Hawaiian programs or pro9 grams of instruction conducted in the Native Hawaiian

10 language, to expand the operation of Family-Based Edu11 cation Centers throughout the Hawaiian Islands. The pro12 grams of such centers may be conducted in the Hawaiian

13 language, the English language, or a combination thereof,

14 and shall include—

15 ‘‘(1) parent-infant programs for prenatal

16 through three-year-olds;

17 ‘‘(2) preschool programs for four- and five-year18 olds;

19 ‘‘(3) continued research and development; and

20 ‘‘(4) a long-term followup and assessment pro21 gram.

22 ‘‘(b) A DMINISTRATIVE COSTS.—Not more than 7 per23 cent of the funds appropriated to carry out the provisions

24 of this section for any fiscal year may be used for adminis25 trative purposes.
1111

•S 1513 RS

1 ‘‘(c) A UTHORIZATION OF APPROPRIATIONS.—In addi2 tion to any other amount authorized to be appropriated for

3 the centers described in subsection (a), there are authorized

4 to be appropriated $6,000,000 for fiscal year 1995, and

5 such sums as may be necessary for each of the 4 succeeding

6 fiscal years, to carry out this section. Funds appropriated

7 under the authority of this subsection shall remain avail8 able until expended.

9 ‘‘SEC. 9307. NATIVE HAWAIIAN HIGHER EDUCATION PRO10 GRAM.

11 ‘‘(a) GENERAL AUTHORITY.—

12 ‘‘(1) I N GENERAL.—The Secretary is authorized

13 to make direct grants, to Native Hawaiian edu14 cational organizations or educational entities with ex15 perience in developing or operating Native Hawaiian

16 programs or programs of instruction conducted in the

17 Native Hawaiian language, to enable such organiza18 tions or entities to provide a program of bacca19 laureate and post-baccalaureate fellowship assistance

20 to Native Hawaiian students.

21 ‘‘(2) MANDATORY ACTIVITIES.—Such program

22 shall include—

23 ‘‘(A) full or partial fellowship support for

24 Native Hawaiian students enrolled at two- or

25 four-year degree granting institutions of higher
1112

•S 1513 RS

1 education with fellowship awards to be based on

2 academic potential and financial need; and

3 ‘‘(B) full or partial fellowship support for

4 Native Hawaiian students enrolled at post-bac5 calaureate degree granting institutions of higher

6 education with priority given to providing fel7 lowship support for professions in which Native

8 Hawaiians are underrepresented and with fel9 lowship awards to be based on academic poten10 tial and financial need;

11 ‘‘(3) PERMITTED ACTIVITIES.—Such program

12 may also include—

13 ‘‘(A) counseling and support services for

14 students receiving fellowship assistance under

15 paragraph (1);

16 ‘‘(B) college preparation and guidance

17 counseling at the secondary school level for stu18 dents who may be eligible for fellowship support

19 pursuant to subsection (a)(2)(A);

20 ‘‘(C) appropriate research and evaluation of

21 the activities authorized by this section; and

22 ‘‘(D) implementation of faculty development

23 programs for the improvement and matricula24 tion of Native Hawaiian students.
1113

•S 1513 RS

1 ‘‘(b) S PECIAL CONDITIONS REQUIRED.—For the pur2 pose of fellowships awarded under subsection (a), fellowship

3 conditions shall be established whereby fellowship recipients

4 obtain an enforceable contract obligation to provide their

5 professional services, either during the fellowship period or

6 upon completion of a baccalaureate or post-baccalaureate

7 degree program, to the Native Hawaiian community.

8 ‘‘(c) A DMINISTRATIVE COSTS.—Not more than 7 per9 cent of the funds appropriated to carry out the provisions

10 of this section for any fiscal year may be used for adminis11 trative purposes.

12 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There

13 are authorized to be appropriated $2,000,000 for fiscal year

14 1995, and such sums as may be necessary for each of the

15 4 succeeding fiscal years, to carry out this section. Funds

16 appropriated under the authority of this subsection shall

17 remain available until expended.

18 ‘‘SEC. 9308. NATIVE HAWAIIAN GIFTED AND TALENTED PRO19 GRAM.

20 ‘‘(a) GENERAL AUTHORITY.—The Secretary is author21 ized to make a grant, to a Native Hawaiian educational

22 organization or an educational entity with experience in

23 developing or operating Native Hawaiian programs or pro24 grams of instruction conducted in the Native Hawaiian

25 language, for a gifted and talented program designed to—
1114

•S 1513 RS

1 ‘‘(1) address the special needs of Native Hawai2 ian elementary and secondary school students who are

3 gifted and talented students; and

4 ‘‘(2) provide those support services to the fami5 lies of such students that are needed to enable such

6 students to benefit from the program.

7 ‘‘(b) USES OF FUNDS.—The program funded under

8 this section may include—

9 ‘‘(1) the identification of the special needs of Na10 tive Hawaiian gifted and talented students, particu11 larly with respect to—

12 ‘‘(A) the emotional and psychosocial needs

13 of such students; and

14 ‘‘(B) the provision of those support services

15 to the families of such students that are needed

16 to enable such students to benefit from the pro17 gram;

18 ‘‘(2) the conduct of educational, psychosocial,

19 and developmental activities which hold reasonable

20 promise of resulting in substantial progress toward

21 meeting the educational needs of such students, in22 cluding demonstrating and exploring the use of the

23 Native Hawaiian language and exposure to Native

24 Hawaiian cultural traditions;

25 ‘‘(3) leadership programs designed to—
1115

•S 1513 RS

1 ‘‘(A) replicate programs throughout the

2 State of Hawai‘i for gifted and talented students

3 who are not served under this section; and

4 ‘‘(B) coordinate with other Native American

5 gifted and talented leadership programs, includ6 ing the dissemination of information derived

7 from the program conducted under this section;

8 and

9 ‘‘(4) appropriate research, evaluation, and relat10 ed activities pertaining to—

11 ‘‘(A) the needs of such students; and

12 ‘‘(B) the provision of those support services

13 to the families of such students that are needed

14 to enable such students to benefit from the pro15 gram.

16 ‘‘(c) A DMINISTRATIVE COSTS.—Not more than 7 per17 cent of the funds appropriated to carry out the provisions

18 of this section for any fiscal year may be used for adminis19 trative purposes.

20 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—In addi21 tion to any other amount authorized to be appropriated for

22 the program described in this section, there are authorized

23 to be appropriated $1,500,000 for fiscal year 1995, and

24 such sums as may be necessary for each of the 4 succeeding

25 fiscal years, to carry out this section. Funds appropriated
1116

•S 1513 RS

1 under the authority of this subsection shall remain avail2 able until expended.

3 ‘‘SEC. 9309. NATIVE HAWAIIAN SPECIAL EDUCATION PRO4 GRAM.

5 ‘‘(a) GENERAL AUTHORITY.—The Secretary is author6 ized to make grants to, or enter into contracts with, Native

7 Hawaiian educational organizations or educational entities

8 with experience in developing or operating Native Hawai9 ian programs or programs of instruction conducted in the

10 Native Hawaiian language, to operate a program to ad11 dress the special education needs of Native Hawaiian stu12 dents. Such program may include—

13 ‘‘(1) the identification of Native Hawaiian stu14 dents with learning disabilities, mental or physical

15 disabilities, emotional impairments, or who are other16 wise in need of special educational services;

17 ‘‘(2) the identification of the special education

18 needs of such students, particularly with respect to—

19 ‘‘(A) the emotional and psychosocial needs

20 of such students; and

21 ‘‘(B) the provision of those support services

22 to the families of such students that are needed

23 to enable such students to benefit from the pro24 gram;
1117

•S 1513 RS

1 ‘‘(3) the conduct of educational activities consist2 ent with part B of the Education of Individuals with

3 Disabilities Education Act which hold reasonable

4 promise of resulting in substantial progress toward

5 meeting the educational needs of such students;

6 ‘‘(4) the conduct of educational, psychosocial,

7 and developmental activities which hold reasonable

8 promise of resulting in substantial progress toward

9 meeting the educational needs of such students, in10 cluding demonstrating and exploring the use of the

11 Native Hawaiian language and exposure to Native

12 Hawaiian cultural traditions; and

13 ‘‘(5) appropriate research, evaluation, and relat14 ed activities pertaining to—

15 ‘‘(A) the needs of such students;

16 ‘‘(B) the provision of those support services

17 to the families of such students that are needed

18 to enable such student to benefit from the pro19 gram; and

20 ‘‘(C) the outcomes and benefits of activities

21 assisted under this section upon such students.

22 ‘‘(b) A DMINISTRATIVE COSTS.—Not more than 7 per23 cent of the funds appropriated to carry out the provisions

24 of this section for any fiscal year may be used for adminis25 trative purposes.
1118

•S 1513 RS

1 ‘‘(c) A UTHORIZATION OF APPROPRIATIONS.—In addi2 tion to any other amount authorized to be appropriated for

3 the program described in this section, there are authorized

4 to be appropriated $2,000,000 for fiscal year 1995, and

5 such sums as may be necessary for each of the 4 succeeding

6 fiscal years, to carry out this section. Funds appropriated

7 under the authority of this subsection shall remain avail8 able until expended.

9 ‘‘SEC. 9310. NATIVE HAWAIIAN EDUCATION COUNCIL AND

10 ISLAND COUNCILS.

11 ‘‘(a) ESTABLISHMENT OF NATIVE HAWAIIAN EDU12 CATION COUNCIL.—In order to better effectuate the purposes

13 of this part through the coordination of educational and

14 related services and programs available to Native Hawai15 ians, including those programs receiving funding under this

16 part, the Secretary is authorized to establish a Native Ha17 waiian Education Council (hereafter in this part referred

18 to as the ‘Education Council’).

19 ‘‘(b) COMPOSITION OF EDUCATION COUNCIL.—The

20 Education Council shall consist of not more than 25 mem21 bers, including a representative of—

22 ‘‘(1) each recipient of funds from the Secretary

23 under this part;

24 ‘‘(2) the State of Hawai‘i Department of Edu25 cation;
1119

•S 1513 RS

1 ‘‘(3) the State of Hawai‘i Office of Hawaiian Af2 fairs;

3 ‘‘(4) Native Hawaiian educational organiza4 tions, such as Alu Like, Inc., Kamehameha Schools

5 Bishop Estate, Hawaiian Language Immersion Advi6 sory Council, Aha Punana Leo, and the Queen

7 Lili‘uokalani Trust and Children’s Center; and

8 ‘‘(5) each Native Hawaiian education island

9 council established under subsection (f).

10 ‘‘(c) C ONDITIONS AND TERMS.—At least three-fourths

11 of the members of the Education Council shall be Native

12 Hawaiians. Members of the Education Council shall be ap13 pointed for three-year terms.

14 ‘‘(d) ADMINISTRATIVE GRANT FOR THE EDUCATION

15 COUNCIL.—The Secretary shall make a direct grant to the

16 Education Council in order to enable the Education Coun17 cil to—

18 ‘‘(1) coordinate the educational and related serv19 ices and programs available to Native Hawaiians, in20 cluding the programs assisted under this part, and

21 assess the extent to which such services and programs

22 meet the needs of Native Hawaiians; and

23 ‘‘(2) provide direction and guidance, through the

24 issuance of reports and recommendations, to appro25 priate Federal, State, and local agencies in order to
1120

•S 1513 RS

1 focus and improve the use of resources, including re2 sources made available under this part, on Native

3 Hawaiian education.

4 ‘‘(e) A DDITIONAL DUTIES OF THE EDUCATION COUN5 CIL.—

6 ‘‘(1) IN GENERAL.—The Education Council shall

7 provide copies of any reports and recommendations

8 issued by the Education Council to the Secretary, the

9 Committee on Indian Affairs of the Senate, and the

10 Committee on Education and Labor of the House of

11 Representatives, including any information that the

12 Education Council provides to the Secretary pursuant

13 to subsection (i)(1).

14 ‘‘(2) A NNUAL REPORT.—The Education Council

15 shall present to the Secretary an annual report on the

16 Education Council’s activities.

17 ‘‘(3) ISLAND COUNCIL SUPPORT AND ASSIST18 ANCE.—The Education Council shall provide such ad19 ministrative support and financial assistance to the

20 island councils established pursuant to subsection (f)

21 as the Secretary deems appropriate.

22 ‘‘(f) ESTABLISHMENT OF ISLAND COUNCILS.—

23 ‘‘(1) I N GENERAL.—In order to better effectuate

24 the purposes of this part and to ensure the adequate

25 representation of island and community interests
1121

•S 1513 RS

1 within the Education Council, the Office of Hawaiian

2 Affairs of the State of Hawai‘i is authorized to facili3 tate the establishment of Native Hawaiian education

4 island councils (hereafter in this part referred to as

5 ‘island councils’) for the following islands:

6 ‘‘(A) Hawai‘i.

7 ‘‘(B) Maui and Lana‘i.

8 ‘‘(C) Moloka‘i.

9 ‘‘(D) Kaua‘i and Ni‘ihau.

10 ‘‘(E) O‘ahu.

11 ‘‘(2) C OMPOSITION OF ISLAND COUNCILS.—Each

12 island council shall consist of parents, students, and

13 other community members who have an interest in

14 the education of Native Hawaiians, and shall be rep15 resentative of the educational needs of all age groups,

16 from preschool through adulthood. At least three17 fourths of the members of each island council shall be

18 Native Hawaiians

19 ‘‘(g) ADMINISTRATIVE PROVISIONS RELATING TO EDU20 CATION COUNCIL AND ISLAND COUNCILS.—The Education

21 Council and each island council shall meet at the call of

22 the chairperson of the respective council, or upon the request

23 of the majority of the members of the respective council, but

24 in any event not less than four times during each calendar

25 year. The provisions of the Federal Advisory Committee Act
1122

•S 1513 RS

1 shall not apply to the Education Council and each island

2 council.

3 ‘‘(h) COMPENSATION.—Members of the Education

4 Council and each island council shall not receive any com5 pensation for services on the Education Council and each

6 island council, respectively.

7 ‘‘(i) REPORT.—Not later than four years after the date

8 of the enactment of the Improving America’s Schools Act

9 of 1994, the Secretary shall prepare and submit to the Com10 mittee on Indian Affairs of the Senate, and the Committee

11 on Education and Labor of the House of Representatives,

12 a report which summarizes the annual reports of the Edu13 cation Council, describes the allocation and utilization of

14 funds under this part, and contains recommendations for

15 changes in Federal, State, and local policy to advance the

16 purposes of this part.

17 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There are

18 authorized to be appropriated $500,000 for fiscal year 1995,

19 and such sums as may be necessary for each of the 4 suc20 ceeding fiscal years, to carry out this section. Funds appro21 priated under the authority of this subsection shall remain

22 available until expended.

23 ‘‘SEC. 9311. ADMINISTRATIVE PROVISIONS.

24 ‘‘(a) APPLICATION REQUIRED.—No grant may be

25 made under this part, nor any contract be entered into
1123

•S 1513 RS

1 under this part, unless an application is submitted to the

2 Secretary in such form, in such manner, and containing

3 such information as the Secretary may determine necessary

4 to carry out the provisions of this part.

5 ‘‘(b) SPECIAL RULE.—Each application submitted

6 under this part shall be accompanied by the comments of

7 each local educational agency serving students who will

8 participate in the program for which assistance is sought.

9 ‘‘SEC. 9312. DEFINITIONS.

10 ‘‘For the purposes of this part—

11 ‘‘(1) the term ‘Native Hawaiian’ means any in12 dividual who is a descendant of the aboriginal people,

13 who prior to 1778, occupied and exercised sovereignty

14 in the area that now comprises the State of Hawai‘i,

15 as evidenced by—

16 ‘‘(A) genealogical records;

17 ‘‘(B) Ku ̄puna (elders) or Kama‘ ̄aina (long18 term community residents) verification; or

19 ‘‘(C) certified birth records;

20 ‘‘(2) the term ‘Native Hawaiian educational or21 ganization’ means a private nonprofit organization

22 that—

23 ‘‘(A) serves the interests of Native Hawai24 ians;
1124

•S 1513 RS

1 ‘‘(B) has a demonstrated expertise in the

2 education of Native Hawaiians; and

3 ‘‘(C) has Native Hawaiians in substantive

4 and policymaking positions within the organiza5 tion;

6 ‘‘(3) the term ‘Native Hawaiian language’ means

7 the single Native American language indigenous to

8 the original inhabitants of the State of Hawai‘i;

9 ‘‘(4) the term ‘Office of Hawaiian Affairs’ means

10 the Office of Hawaiian Affairs established by the Con11 stitution of the State of Hawai‘i; and

12 ‘‘(5) the term ‘Native Hawaiian community13 based organization’ means any organization which is

14 composed primarily of Native Hawaiians from a spe15 cific community and which assists in the social, cul16 tural and educational development of Native Hawai17 ians in that community.

18 ‘‘PART D—TERRITORIAL ASSISTANCE

19 ‘‘SEC. 9401. GENERAL ASSISTANCE FOR THE VIRGIN IS20 LANDS.

21 ‘‘There are authorized to be appropriated $5,000,000

22 for fiscal year 1995 and for each of the 4 succeeding fiscal

23 years, for the purpose of providing general assistance to im24 prove public education in the Virgin Islands.
1125

•S 1513 RS

1 ‘‘TITLE X—GENERAL

2 PROVISIONS

3 ‘‘PART A—DEFINITIONS

4 ‘‘SEC. 10101. DEFINITIONS.

5 ‘‘Except as otherwise provided, for the purposes of this

6 Act, the following terms have the following meanings:

7 ‘‘(1) A VERAGE DAILY ATTENDANCE.—(A) Except

8 as provided otherwise by State law or this paragraph,

9 the term ‘average daily attendance’ means—

10 ‘‘(i) the aggregate number of days of attend11 ance of all students during a school year; divided

12 by

13 ‘‘(ii) the number of days school is in session

14 during such school year.

15 ‘‘(B) The Secretary shall permit the conversion

16 of average daily membership (or other similar data)

17 to average daily attendance for local educational

18 agencies in States that provide State aid to local edu19 cational agencies on the basis of average daily mem20 bership or such other data.

21 ‘‘(C) If the local educational agency in which a

22 child resides makes a tuition or other payment for the

23 free public education of the child in a school located

24 in another school district, the Secretary shall, for pur25 poses of this Act—
1126

•S 1513 RS

1 ‘‘(i) consider the child to be in attendance

2 at a school of the agency making such payment;

3 and

4 ‘‘(ii) not consider the child to be in attend5 ance at a school of the agency receiving such

6 payment.

7 ‘‘(D) If a local educational agency makes a tui8 tion payment to a private school or to a public school

9 of another local educational agency for a child with

10 disabilities, as defined in section 602(a)(1) of the In11 dividuals with Disabilities Education Act, the Sec12 retary shall, for the purposes of this Act, consider

13 such child to be in attendance at a school of the agen14 cy making such payment.

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

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

17 case of a State or of the United States—

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

19 funds—

20 ‘‘(i) the aggregate current expenditures,

21 during the third preceding fiscal year (or, if

22 satisfactory data for that year are not

23 available, during the most recent preceding

24 fiscal year for which satisfactory data are

25 available) of all local educational agencies
1127

•S 1513 RS

1 in the State or, in the case of the United

2 States for all States (which, for the purpose

3 of this paragraph, means the 50 States and

4 the District of Columbia); plus

5 ‘‘(ii) any direct current expenditures

6 by the State for operation of such agencies;

7 divided by

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

9 average daily attendance to whom such agencies

10 provided free public education during such pre11 ceding year.

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

13 within the age limits for which the applicable State

14 provides free public education.

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

16 term ‘community-based organization’ means a public

17 or private nonprofit organization of demonstrated ef18 fectiveness that—

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

20 significant segments of a community; and

21 ‘‘(B) provides educational or related services

22 to individuals in the community.

23 ‘‘(5) CONSOLIDATED STATE APPLICATION.—The

24 term ‘consolidated State application’ means an appli-
1128

•S 1513 RS

1 cation submitted by a State educational agency pur2 suant to section 10302.

3 ‘‘(6) C OUNTY.—The term ‘county’ means one of

4 those divisions of a State used by the Secretary of

5 Commerce in compiling and reporting data regarding

6 counties.

7 ‘‘(7) COVERED PROGRAM.—The term ‘covered

8 program’ means each of the programs authorized

9 by—

10 ‘‘(A) part A of title I;

11 ‘‘(B) part D of title I;

12 ‘‘(C) part A of title II (other than sections

13 2114 and 2115);

14 ‘‘(D) subpart 1 of part A of title V (other

15 than section 5114);

16 ‘‘(E) subpart 2 of part A of title III; and

17 ‘‘(F) title XIII.

18 ‘‘(8) C URRENT EXPENDITURES.—The term ‘cur19 rent expenditures’ means expenditures for free public

20 education—

21 ‘‘(A) including expenditures for administra22 tion, instruction, attendance and health services,

23 pupil transportation services, operation and

24 maintenance of plant, fixed charges, and net ex-
1129

•S 1513 RS

1 penditures to cover deficits for food services and

2 student body activities; but

3 ‘‘(B) not including expenditures for commu4 nity services, capital outlay, and debt service, or

5 any expenditures made from funds received

6 under title I, part A of title II, and title XIII.

7 ‘‘(9) DEPARTMENT.—The term ‘Department’

8 means the Department of Education.

9 ‘‘(10) EDUCATIONAL SERVICE AGENCY.—The

10 term ‘educational service agency’ means regional pub11 lic multiservice agencies authorized by State statute

12 to develop, manage, and provide services or programs

13 to local educational agencies.

14 ‘‘(11) ELEMENTARY SCHOOL.—The term ‘elemen15 tary school’ means a day or residential school that

16 provides elementary education, as determined under

17 State law.

18 ‘‘(12) F REE PUBLIC EDUCATION.—The term ‘free

19 public education’ means education that is provided—

20 ‘‘(A) at public expense, under public super21 vision and direction, and without tuition charge;

22 and

23 ‘‘(B) as elementary or secondary school edu24 cation as determined under applicable State law,
1130

•S 1513 RS

1 except that such term does not include any edu2 cation provided beyond grade 12.

3 ‘‘(13) INSTITUTION OF HIGHER EDUCATION.—

4 The term ‘institution of higher education’ has the

5 meaning given that term in section 1201 of the High6 er Education Act of 1965.

7 ‘‘(14) INTEROPERABLE AND INTEROPER8 ABILITY.—The terms ‘interoperable’ and ‘interoper9 ability’ refer to the ability to easily exchange data

10 with, and connect to, other hardware and software in

11 order to provide the greatest accessibility to such data

12 for all students.

13 ‘‘(15) LOCAL EDUCATIONAL AGENCY.—(A) The

14 term ‘local educational agency’ means a public board

15 of education or other public authority legally con16 stituted within a State for either administrative con17 trol or direction of, or to perform a service function

18 for, public elementary or secondary schools in a city,

19 county, township, school district, or other political

20 subdivision of a State, or for such combination of

21 school districts or counties as are recognized in a

22 State as an administrative agency for its public ele23 mentary or secondary schools.
1131

•S 1513 RS

1 ‘‘(B) The term includes any other public institu2 tion or agency having administrative control and di3 rection of a public elementary or secondary school.

4 ‘‘(C) The term includes an elementary or second5 ary school funded by the Bureau of Indian Affairs but

6 only to the extent that such inclusion makes such

7 school eligible for programs for which specific eligi8 bility is not provided to such school in another provi9 sion of law, except that such school shall not be sub10 ject to the jurisdiction of any State educational agen11 cy other than the Bureau of Indian Affairs.

12 ‘‘(16) OTHER STAFF.—The term ‘other staff’

13 means pupil services personnel, librarians, career

14 guidance and counseling personnel, education aides,

15 and other instructional and administrative personnel.

16 ‘‘(17) OUTLYING AREA.—The term ‘outlying

17 area’ means the Virgin Islands, Guam, American

18 Samoa, the Commonwealth of the Northern Mariana

19 Islands, the Republic of the Marshall Islands, the Fed20 erated States of Micronesia, and Palau.

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

22 legal guardian or other person standing in loco

23 parentis.

24 ‘‘(19) PUBLIC TELECOMMUNICATION ENTITY.—

25 The term ‘public telecommunication entity’ has the
1132

•S 1513 RS

1 same meaning given to such term in section 397(12)

2 of the Communications Act of 1934.

3 ‘‘(20) P UPIL SERVICES PERSONNEL; PUPIL SERV4 ICES.—

5 ‘‘(A) The term ‘pupil services personnel’

6 means school counselors, school social workers,

7 school psychologists, and other qualified profes8 sional personnel involved in providing assess9 ment, diagnosis, counseling, educational, thera10 peutic, and other necessary services (including

11 related services as such term is defined in section

12 602 of the Individuals with Disabilities Edu13 cation Act) as part of a comprehensive program

14 to meet student needs.

15 ‘‘(B) The term ‘pupil services’ means the

16 services provided by pupil services personnel.

17 ‘‘(21) SECONDARY SCHOOL.—The term ‘second18 ary school’ means a day or residential school that

19 provides secondary education, as determined under

20 State law, except that such term does not include any

21 education beyond grade 12.

22 ‘‘(22) S ECRETARY.—The term ‘Secretary’ means

23 the Secretary of Education.
1133

•S 1513 RS

1 ‘‘(23) STATE.—The term ‘State’ means each of

2 the 50 States, the District of Columbia, the Common3 wealth of Puerto Rico, and each of the outlying areas.

4 ‘‘(24) STATE EDUCATIONAL AGENCY.—The term

5 ‘State educational agency’ means the agency pri6 marily responsible for the State supervision of public

7 elementary and secondary schools.

8 ‘‘(25) TECHNOLOGY.—The term ‘technology’

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

10 and services, such as closed circuit television systems,

11 educational television or radio programs and services,

12 cable television, satellite, copper and audio laser and

13 CD–ROM disks, video and audio tapes, or other tech14 nologies.

15 ‘‘SEC. 10102. APPLICABILITY OF THIS TITLE.

16 ‘‘Parts B through F of this title do not apply to part

17 A of title IX.

18 ‘‘PART B—FLEXIBILITY IN THE USE OF

19 ADMINISTRATIVE AND OTHER FUNDS

20 ‘‘SEC. 10201. CONSOLIDATION OF STATE ADMINISTRATIVE

21 FUNDS FOR ELEMENTARY AND SECONDARY

22 EDUCATION PROGRAMS.

23 ‘‘(a) CONSOLIDATION OF ADMINISTRATIVE FUNDS.—

24 ‘‘(1) I N GENERAL.—A State educational agency

25 may consolidate the amounts specifically made avail-
1134

•S 1513 RS

1 able to such agency for State administration under

2 one or more of the programs specified under para3 graph (2).

4 ‘‘(2) APPLICABILITY.—This section applies to

5 programs under title I and those covered programs

6 described in subparagraphs (C), (D), (E), and (F) of

7 section 10101(7).

8 ‘‘(b) USE OF FUNDS.—

9 ‘‘(1) I N GENERAL.—A State educational agency

10 shall use the amount available under this section for

11 the administration of the programs included in the

12 consolidation under subsection (a).

13 ‘‘(2) ADDITIONAL USES.—A State educational

14 agency may also use funds available under this sec15 tion for administrative activities designed to enhance

16 the effective and coordinated use of funds under the

17 programs included in the consolidation under sub18 section (a), such as—

19 ‘‘(A) the coordination of such programs

20 with other Federal and non-Federal programs;

21 ‘‘(B) the establishment and operation of

22 peer-review mechanisms under this Act;

23 ‘‘(C) the administration of this title;

24 ‘‘(D) the dissemination of information re25 garding model programs and practices; and
1135

•S 1513 RS

1 ‘‘(E) technical assistance under programs

2 specified in subsection (a)(2).

3 ‘‘(c) RECORDS.—A State educational agency that con4 solidates administrative funds under this section shall not

5 be required to keep separate records, by individual program,

6 to account for costs relating to the administration of pro7 grams included in the consolidation under subsection (a).

8 ‘‘(d) REVIEW.—To determine the effectiveness of State

9 administration under this section, the Secretary may peri10 odically review the performance of State educational agen11 cies in using consolidated administrative funds under this

12 section and take such steps as the Secretary finds appro13 priate to ensure the effectiveness of such administration.

14 ‘‘(e) UNUSED ADMINISTRATIVE FUNDS.—If a State

15 educational agency does not use all of the funds available

16 to such agency under this section for administration, such

17 agency may use such funds during the applicable period

18 of availability as funds available under one or more pro19 grams included in the consolidation under subsection (a).

20 ‘‘SEC. 10202. SINGLE LOCAL EDUCATIONAL AGENCY STATES.

21 ‘‘A State educational agency that also serves as a local

22 educational agency, in such agency’s applications or State

23 plans under this Act, shall describe how such agency will

24 eliminate duplication in the conduct of administrative

25 functions.
1136

•S 1513 RS

1 ‘‘SEC. 10203. CONSOLIDATION OF FUNDS FOR LOCAL AD2 MINISTRATION.

3 ‘‘(a) GENERAL AUTHORITY.—In accordance with regu4 lations issued by the Secretary, a local educational agency,

5 with the approval of its State educational agency, may con6 solidate and use for the administration of one or more cov7 ered programs for any fiscal year not more than the per8 centage, determined by its State educational agency, of the

9 total amount available to that local educational agency

10 under those covered programs.

11 ‘‘(b) STATE PROCEDURES.—Within one year from the

12 date of enactment of the Improving America’s Schools Act

13 of 1994, a State educational agency, in collaboration with

14 local educational agencies in the State, shall establish proce15 dures for responding to requests from local educational

16 agencies to consolidate administrative funds under sub17 section (a) and for establishing limitations on the amount

18 of funds under covered programs that may be used for ad19 ministration on a consolidated basis.

20 ‘‘(c) CONDITIONS.—A local educational agency that

21 consolidates administrative funds under this section for any

22 fiscal year shall not use any other funds under the programs

23 included in the consolidation for administration for that

24 fiscal year.

25 ‘‘(d) USES OF ADMINISTRATIVE FUNDS.—A local edu26 cational agency that consolidates administrative funds
1137

•S 1513 RS

1 under this section may use such consolidated funds for the

2 administration of covered programs and for the purposes

3 described in section 10201(b)(2).

4 ‘‘(e) RECORDS.—A local educational agency that con5 solidates administrative funds under this section shall not

6 be required to keep separate records, by individual covered

7 program, to account for costs relating to the administration

8 of covered programs included in the consolidation.

9 ‘‘SEC. 10204. ADMINISTRATIVE FUNDS STUDY.

10 ‘‘(a) STUDY.—

11 ‘‘(1) I N GENERAL.—The Secretary may conduct

12 a study of the use of funds under this Act for the ad13 ministration, by State and local educational agencies,

14 of covered programs, including the percentage of

15 grant funds used for such purpose in covered pro16 grams.

17 ‘‘(2) RESULTS.—Based on the results of such

18 study, the Secretary may publish regulations or

19 guidelines regarding the use of funds for administra20 tion under covered programs, including the use of

21 such funds on a consolidated basis and limitations on

22 the amount of such funds that may be used for ad23 ministration.

24 ‘‘(b) REPORT.—The Secretary shall submit to the

25 President and the appropriate committees of the Congress
1138

•S 1513 RS

1 a report regarding the study, if any, conducted under this

2 section within 30 days of the completion of such study.

3 ‘‘SEC. 10205. CONSOLIDATED SET-ASIDE FOR DEPARTMENT

4 OF THE INTERIOR FUNDS.

5 ‘‘(a) GENERAL AUTHORITY.—

6 ‘‘(1) TRANSFER.—The Secretary shall transfer to

7 the Department of the Interior, as a consolidated

8 amount for covered programs, the Indian education

9 programs under part A of title VI of this Act, and the

10 education for homeless children and youth program

11 under subtitle B of title VII of the Stewart B. McKin12 ney Homeless Assistance Act, the amounts allotted to

13 the Department of the Interior under those programs.

14 ‘‘(2) AGREEMENT.—(A) The Secretary and the

15 Secretary of the Interior shall enter into an agree16 ment, consistent with the requirements of the pro17 grams specified in paragraph (1), for the distribution

18 and use of those funds under terms that the Secretary

19 determines best meet the purposes of those programs.

20 ‘‘(B) The agreement shall—

21 ‘‘(i) set forth the plans of the Secretary of

22 the Interior for the use of the amount trans23 ferred, the steps to be taken to achieve the Na24 tional Education Goals, and performance meas-
1139

•S 1513 RS

1 ures to assess program effectiveness, including

2 measurable goals and objectives; and

3 ‘‘(ii) be developed in consultation with In4 dian tribes.

5 ‘‘(b) A DMINISTRATION.—The Department of the Inte6 rior may use not more than 1.5 percent of the funds consoli7 dated under this section for such department’s costs related

8 to the administration of the funds transferred under this

9 section.

10 ‘‘SEC. 10206. AVAILABILITY OF UNNEEDED PROGRAM

11 FUNDS.

12 ‘‘With the approval of its State educational agency,

13 a local educational agency that determines for any fiscal

14 year that funds under a covered program other than part

15 A of title I are not needed for the purpose of that covered

16 program may use such funds, not to exceed 5 percent of

17 the total amount of such local educational agency’s funds

18 under that covered program, for the purpose of another cov19 ered program.

20 ‘‘PART C—COORDINATION OF PROGRAMS; CON21 SOLIDATED STATE AND LOCAL APPLICA22 TIONS

23 ‘‘SEC. 10301. PURPOSE.

24 ‘‘It is the purpose of this part to improve teaching and

25 learning by encouraging greater cross-program coordina-
1140

•S 1513 RS

1 tion, planning, and service delivery under this Act and en2 hanced integration of programs under this Act with edu3 cational activities carried out with State and local funds.

4 ‘‘SEC. 10302. OPTIONAL CONSOLIDATED STATE APPLICA5 TION.

6 ‘‘(a) GENERAL AUTHORITY.—

7 ‘‘(1) S IMPLIFICATION.—In order to simplify ap8 plication requirements and reduce burden for State

9 educational agencies under this Act, the Secretary, in

10 accordance with subsection (b), shall establish proce11 dures and criteria under which a State educational

12 agency may submit a consolidated State plan or ap13 plication meeting the requirements of this section for

14 each of the covered programs in which the State par15 ticipates.

16 ‘‘(2) ADDITIONAL PROGRAMS.—A State edu17 cational agency may also include in its consolidated

18 plan or application—

19 ‘‘(A) the Even Start program under part C

20 of title I;

21 ‘‘(B) the education for neglected and delin22 quent youth program under part E of title I;

23 ‘‘(C) part A of title II of the Carl D. Per24 kins Vocational and Applied Technology Edu25 cation Act; and
1141

•S 1513 RS

1 ‘‘(D) such other programs as the Secretary

2 may designate.

3 ‘‘(3) CONSOLIDATED APPLICATIONS AND

4 PLANS.—A State educational agency that submits a

5 consolidated State plan or application under this sec6 tion shall not be required to submit separate State

7 plans or applications under any of the programs to

8 which the consolidated application under this section

9 applies.

10 ‘‘(b) COLLABORATION.—

11 ‘‘(1) I N GENERAL.—In establishing criteria and

12 procedures under this section, the Secretary shall col13 laborate with State educational agencies and, as ap14 propriate, with other State agencies, local educational

15 agencies, public and private nonprofit agencies, orga16 nizations, and institutions, private schools, and rep17 resentatives of parents, students, and teachers.

18 ‘‘(2) CONTENTS.—Through the collaborative

19 process described in subsection (b), the Secretary shall

20 establish, for each program under the Act to which

21 this section applies, the descriptions, information, as22 surances, and other material required to be included

23 in a consolidated State plan or application.
1142

•S 1513 RS

1 ‘‘SEC. 10303. GENERAL APPLICABILITY OF STATE EDU2 CATIONAL AGENCY ASSURANCES.

3 ‘‘(a) A SSURANCES.—A State educational agency that

4 submits a State plan or application under this Act, whether

5 separately or under section 10302, shall have on file with

6 the Secretary a single set of assurances, applicable to each

7 program for which a plan or application is submitted, that

8 provides that—

9 ‘‘(1) each such program will be administered in

10 accordance with all applicable statutes, regulations,

11 program plans, and applications;

12 ‘‘(2)(A) the control of funds provided under each

13 such program and title to property acquired with

14 program funds will be in a public agency, in a non15 profit private agency, institution, or organization, or

16 in an Indian tribe if the statute authorizing the pro17 gram provides for assistance to such entities; and

18 ‘‘(B) the public agency, nonprofit private agen19 cy, institution, or organization, or Indian tribe will

20 administer such funds and property to the extent re21 quired by the authorizing statutes;

22 ‘‘(3) the State will adopt and use proper methods

23 of administering each such program, including—

24 ‘‘(A) the enforcement of any obligations im25 posed by law on agencies, institutions, organiza-
1143

•S 1513 RS

1 tions and other recipients responsible for carry2 ing out each program;

3 ‘‘(B) the correction of deficiencies in pro4 gram operations that are identified through au5 dits, monitoring, or evaluation; and

6 ‘‘(C) the adoption of written procedures for

7 the receipt and resolution of complaints alleging

8 violations of law in the administration of such

9 programs;

10 ‘‘(4) the State will cooperate in carrying out any

11 evaluation of each such program conducted by or for

12 the Secretary or other Federal officials;

13 ‘‘(5) the State will use such fiscal control and

14 fund accounting procedures as will ensure proper dis15 bursement of, and accounting for, Federal funds paid

16 to the State under each such program;

17 ‘‘(6) the State will—

18 ‘‘(A) make reports to the Secretary as may

19 be necessary to enable the Secretary to perform

20 the Secretary’s duties under each such program;

21 and

22 ‘‘(B) maintain such records, provide such

23 information to the Secretary, and afford access

24 to the records as the Secretary may find nec25 essary to carry out the Secretary’s duties; and
1144

•S 1513 RS

1 ‘‘(7) before the application was submitted to the

2 Secretary, the State has afforded a reasonable oppor3 tunity for public comment on the application and has

4 considered such comment.

5 ‘‘(b) GEPA PROVISION.—Section 435 of the General

6 Education Provisions Act does not apply to programs under

7 this Act.

8 ‘‘SEC. 10304. CONSOLIDATED LOCAL APPLICATIONS.

9 ‘‘(a) GENERAL AUTHORITY.—A local educational

10 agency receiving funds under more than one covered pro11 gram may submit plans or applications to the State edu12 cational agency under such programs on a consolidated

13 basis.

14 ‘‘(b) REQUIRED CONSOLIDATED APPLICATIONS.—A

15 State educational agency that has submitted and had ap16 proved a consolidated State plan or application under sec17 tion 10302 may require local educational agencies in the

18 State receiving funds under more than one program in19 cluded in the consolidated State plan or application to sub20 mit consolidated local plans or applications under such

21 programs.

22 ‘‘(c) COLLABORATION.—A State educational agency

23 shall collaborate with local educational agencies in the State

24 in establishing procedures for the submission of the consoli25 dated plans or applications under this section.
1145

•S 1513 RS

1 ‘‘SEC. 10305. OTHER GENERAL ASSURANCES.

2 ‘‘(a) ASSURANCES.—Any applicant other than a State

3 educational agency that submits a plan or application

4 under this Act, whether separately or pursuant to section

5 10304, shall have on file with the State educational agency

6 a single set of assurances, applicable to each program for

7 which a plan or application is submitted, that provides

8 that—

9 ‘‘(1) each such program will be administered in

10 accordance with all applicable statutes, regulations,

11 program plans, and applications;

12 ‘‘(2)(A) the control of funds provided under each

13 such program and title to property acquired with

14 program funds will be in a public agency or in a

15 nonprofit private agency, institution, organization, or

16 Indian tribe, if the statute authorizing the program

17 provides for assistance to such entities; and

18 ‘‘(B) the public agency, nonprofit private agen19 cy, institution, or organization, or Indian tribe will

20 administer such funds and property to the extent re21 quired by the authorizing statutes;

22 ‘‘(3) the applicant will adopt and use proper

23 methods of administering each such program, includ24 ing—

25 ‘‘(A) the enforcement of any obligations im26 posed by law on agencies, institutions, organiza-
1146

•S 1513 RS

1 tions, and other recipients responsible for carry2 ing out each program; and

3 ‘‘(B) the correction of deficiencies in pro4 gram operations that are identified through au5 dits, monitoring, or evaluation;

6 ‘‘(4) the applicant will cooperate in carrying out

7 any evaluation of each such program conducted by or

8 for the State educational agency or the Secretary or

9 other Federal officials;

10 ‘‘(5) the applicant will use such fiscal control

11 and fund accounting procedures as will ensure proper

12 disbursement of, and accounting for, Federal funds

13 paid to such applicant under each such program;

14 ‘‘(6) the applicant will—

15 ‘‘(A) make reports to the State educational

16 agency and the Secretary as may be necessary to

17 enable such agency and the Secretary to perform

18 their duties under each such program; and

19 ‘‘(B) maintain such records, provide such

20 information, and afford access to the records as

21 the State educational agency or the Secretary

22 may find necessary to carry out the State edu23 cational agency’s or the Secretary’s duties; and

24 ‘‘(7) before the plan or application was submit25 ted, the applicant is afforded a reasonable oppor-
1147

•S 1513 RS

1 tunity for public comment on the plan or application

2 and has considered such comment.

3 ‘‘(b) GEPA PROVISION.—Section 436 of the General

4 Education Provisions Act does not apply to programs under

5 this Act.

6 ‘‘SEC. 10306. RELATIONSHIP OF STATE AND LOCAL PLANS

7 TO PLANS UNDER THE GOALS 2000: EDUCATE

8 AMERICA ACT.

9 ‘‘(a) STATE PLANS.—

10 ‘‘(1) IN GENERAL.—Each State plan submitted

11 under the following programs shall be integrated with

12 each other and the State’s plan, if any, either ap13 proved or being developed, under title III of the Goals

14 2000: Educate America Act:

15 ‘‘(A) Part A of title I (making high-poverty

16 schools work).

17 ‘‘(B) Part D of title I (education of migra18 tory children).

19 ‘‘(C) Part E of title I (education of ne20 glected and delinquent youth).

21 ‘‘(D) Part A of title II (professional devel22 opment).

23 ‘‘(E) Subpart 1 of part A of title V (safe

24 and drug-free schools).

25 ‘‘(F) Part D of title VI (Indian education).
1148

•S 1513 RS

1 ‘‘(2) SPECIAL RULE.—Notwithstanding any

2 other provision of this Act, if a requirement relating

3 to a State plan referred to in paragraph (1) is al4 ready satisfied by the State’s approved plan under

5 title III of the Goals 2000: Educate America Act, the

6 State plan referred to in paragraph (1) need not sep7 arately address that requirement.

8 ‘‘(3) AMENDMENT.—Any State plan referred to

9 in paragraph (1) may, if necessary, be submitted as

10 an amendment to the State’s plan under title III of

11 the Goals 2000: Educate America Act.

12 ‘‘(b) LOCAL PLANS.—

13 ‘‘(1) IN GENERAL.—Each local educational agen14 cy plan submitted under the following programs shall

15 be integrated with each other and its plan, if any, ei16 ther approved or being developed, under title III of

17 the Goals 2000: Educate America Act:

18 ‘‘(A) Part A of title I (making high-poverty

19 schools work).

20 ‘‘(B) Part A of title II (professional develop21 ment).

22 ‘‘(C) Subpart 1 of part A of title V (safe

23 and drug-free schools).

24 ‘‘(D) Part A of title VI (Indian education).
1149

•S 1513 RS

1 ‘‘(E) Subpart 1 of part A of title VII (bilin2 gual education).

3 ‘‘(F) Part B of title IX (emergency immi4 grant education).

5 ‘‘(2) P LAN OF OPERATION.—Each plan of oper6 ation included in an application submitted by an eli7 gible entity under part C of title I (Even Start) shall

8 be consistent with, and promote the goals of, the State

9 and local plans, either approved or being developed,

10 under title III of the Goals 2000: Educate America

11 Act or, if those plans are not approved or being devel12 oped, with the State and local plans under sections

13 1111 and 1112 of this Act.

14 ‘‘(3) SPECIAL RULE.—Notwithstanding any

15 other provision of this Act, if a requirement relating

16 to a local plan referred to in paragraph (1) is already

17 satisfied by the local educational agency’s approved

18 plan under title III of the Goals 2000: Educate Amer19 ica Act, the local plan referred to in paragraph (1)

20 need not separately address that requirement.

21 ‘‘(4) SUBMISSION.—Any local plan referred to in

22 paragraph (1) may, if necessary, be submitted as an

23 amendment to the local educational agency’s plan

24 under title III of the Goals 2000: Educate America

25 Act.
1150

•S 1513 RS

1 ‘‘PART D—WAIVERS

2 ‘‘SEC. 10401. WAIVERS OF STATUTORY AND REGULATORY

3 REQUIREMENTS.

4 ‘‘(a) WAIVER AUTHORITY.—Except as provided in sub5 section (c), the Secretary may waive any requirement of

6 this Act or of the General Education Provisions Act, or of

7 the regulations issued under such Acts, for a State edu8 cational agency, local educational agency, Indian tribe, or

9 other agency, organization, or institution that receives

10 funds under a program authorized by this Act from the De11 partment and that requests such a waiver, if—

12 ‘‘(1) the Secretary determines that such require13 ment impedes the ability of the State educational

14 agency or other recipient to achieve more effectively

15 the purposes of this Act;

16 ‘‘(2) in the case of a waiver proposal submitted

17 by a State educational agency, the State educational

18 agency—

19 ‘‘(A) provides all interested local edu20 cational agencies in the State with notice and an

21 opportunity to comment on the proposal; and

22 ‘‘(B) submits the comments to the Secretary;

23 and

24 ‘‘(3) in the case of a waiver proposal submitted

25 by a local educational agency or other agency, insti26 tution, or organization that receives funds under this
1151

•S 1513 RS

1 Act from a State educational agency, such request has

2 been reviewed by the State educational agency and is

3 accompanied by the comments, if any, of such State

4 educational agency.

5 ‘‘(b) WAIVER PERIOD.—

6 ‘‘(1) I N GENERAL.—A waiver under this section

7 shall be for a period not to exceed 4 years.

8 ‘‘(2) EXTENSION.—The Secretary may extend the

9 period described in paragraph (1) if the Secretary de10 termines that—

11 ‘‘(A) the waiver has been effective in ena12 bling the State or affected recipients to carry out

13 the activities for which the waiver was requested

14 and the waiver has contributed to improved per15 formance; and

16 ‘‘(B) such extension is in the public interest.

17 ‘‘(c) WAIVERS NOT AUTHORIZED.—The Secretary may

18 not waive, under this section, any statutory or regulatory

19 requirement relating to—

20 ‘‘(1) comparability of services;

21 ‘‘(2) maintenance of effort;

22 ‘‘(3) the equitable participation of students at23 tending private schools;

24 ‘‘(4) parental participation and involvement;
1152

•S 1513 RS

1 ‘‘(5) the distribution of funds to States or to

2 local educational agencies or other recipients of funds

3 under this Act;

4 ‘‘(6) applicable civil rights requirements; or

5 ‘‘(7) the requirements of sections 438 and 439 of

6 the General Education Provisions Act.

7 ‘‘(d) TERMINATION OF WAIVERS.—The Secretary shall

8 terminate a waiver under this section if the Secretary deter9 mines that the performance of the State or other recipient

10 affected by the waiver has been inadequate to justify a con11 tinuation of the waiver or if the waiver is no longer nec12 essary to achieve its original purposes.

13 ‘‘PART E—UNIFORM PROVISIONS

14 ‘‘SEC. 10501. MAINTENANCE OF EFFORT.

15 ‘‘(a) I N GENERAL.—A local educational agency may

16 receive funds under a covered program for any fiscal year

17 only if the State educational agency finds that either the

18 combined fiscal effort per student or the aggregate expendi19 tures of that agency and the State with respect to the provi20 sion of free public education by that agency for the preced21 ing fiscal year was not less than 90 percent of such com22 bined fiscal effort or aggregate expenditures for the second

23 preceding fiscal year.

24 ‘‘(b) R EDUCTION IN CASE OF FAILURE TO MEET.—
1153

•S 1513 RS

1 ‘‘(1) I N GENERAL.—The State educational agen2 cy shall reduce the amount of the allocation of funds

3 under a covered program in any fiscal year in the

4 exact proportion to which a local educational agency

5 fails to meet the requirement of subsection (a) by fall6 ing below 90 percent of both the combined fiscal effort

7 per student and aggregate expenditures (using the

8 measure most favorable to such local agency).

9 ‘‘(2) SPECIAL RULE.—No such lesser amount

10 shall be used for computing the effort required under

11 subsection (a) for subsequent years.

12 ‘‘(c) W AIVER.—The Secretary may waive the require13 ments of this section if the Secretary determines that such

14 a waiver would be equitable due to—

15 ‘‘(1) exceptional or uncontrollable circumstances

16 such as a natural disaster; or

17 ‘‘(2) a precipitous decline in the financial re18 sources of the local educational agency.

19 ‘‘SEC. 10502. PROHIBITION REGARDING STATE AID.

20 ‘‘No State shall take into consideration payments

21 under this Act in determining the eligibility of any local

22 educational agency in that State for State aid, or the

23 amount of State aid, with respect to free public education

24 of children.
1154

•S 1513 RS

1 ‘‘SEC. 10503. PARTICIPATION BY PRIVATE SCHOOL CHIL2 DREN AND TEACHERS.

3 ‘‘(a) PRIVATE SCHOOL PARTICIPATION.—

4 ‘‘(1) IN GENERAL.—Except as otherwise provided

5 in this Act, to the extent consistent with the number

6 of eligible children in a State educational agency,

7 local educational agency, or intermediate educational

8 agency or consortium receiving financial assistance

9 under a program specified in subsection (b), who are

10 enrolled in private elementary and secondary schools

11 in such agency or consortium, such agency or consor12 tium shall, after timely and meaningful consultation

13 with appropriate private school officials, provide such

14 children, their teachers, administrators, and other

15 staff, on an equitable basis, special educational serv16 ices or other benefits under such program.

17 ‘‘(2) S ECULAR, NEUTRAL, AND NONIDEOLOGICAL

18 SERVICES OR BENEFITS.—Educational services or

19 other benefits, including materials and equipment,

20 provided under this section, must be secular, neutral,

21 and nonideological.

22 ‘‘(3) SPECIAL RULE.—Educational services and

23 other benefits provided under this section for such pri24 vate school children, teachers, and other educational

25 personnel shall be equitable in comparison to services

26 and other benefits for public school children, teachers,
1155

•S 1513 RS

1 administrators, and other staff participating in such

2 program.

3 ‘‘(4) EXPENDITURES.—Expenditures for edu4 cational services and other benefits provided under

5 this section to eligible private school children, their

6 teachers, and other educational personnel serving such

7 children shall be equal, taking into account the num8 ber and educational needs of the children to be served,

9 to the expenditures for participating public school

10 children.

11 ‘‘(5) P ROVISION OF SERVICES.—Such agency or

12 consortium may provide such services directly or

13 through contracts with public and private agencies,

14 organizations, and institutions.

15 ‘‘(b) APPLICABILITY.—

16 ‘‘(1) IN GENERAL.—This section applies to—

17 ‘‘(A) part A of title I;

18 ‘‘(B) part D of title I;

19 ‘‘(C) part A of title II (other than section

20 2114);

21 ‘‘(D) part A of title III;

22 ‘‘(E) part B of title III;

23 ‘‘(F) part D of title III;

24 ‘‘(G) subpart 1 of part A of title V (other

25 than section 5114);
1156

•S 1513 RS

1 ‘‘(H) title VII;

2 ‘‘(I) part B of title IX; and

3 ‘‘(J) title XIII.

4 ‘‘(2) D EFINITION.—For the purposes of this sec5 tion, the term ‘eligible children’ means children eligi6 ble for services under a program described in para7 graph (1).

8 ‘‘(c) CONSULTATION.—

9 ‘‘(1) I N GENERAL.—To ensure timely and mean10 ingful consultation, such agency or consortium shall

11 consult with appropriate private school officials dur12 ing the design and development of the programs

13 under this Act, on issues such as—

14 ‘‘(A) how the children’s needs will be identi15 fied;

16 ‘‘(B) what services will be offered;

17 ‘‘(C) how and where the services will be pro18 vided; and

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

20 ‘‘(2) T IMING.—Such consultation shall occur be21 fore the agency or consortium makes any decision

22 that affects the opportunities of eligible private school

23 children, teachers, and other educational personnel to

24 participate in programs under this Act.
1157

•S 1513 RS

1 ‘‘(3) D ISCUSSION REQUIRED.—Such consultation

2 shall include a discussion of service delivery mecha3 nisms that an agency or consortium could use to pro4 vide equitable services to eligible private school chil5 dren, teachers, administrators, and other staff.

6 ‘‘(d) PUBLIC CONTROL OF FUNDS.—

7 ‘‘(1) I N GENERAL.—The control of funds used to

8 provide services under this section, and title to mate9 rials, equipment, and property purchased with such

10 funds, shall be in a public agency for the uses and

11 purposes provided in this Act, and a public agency

12 shall administer such funds and property.

13 ‘‘(2) PROVISION OF SERVICES.—(A) The provi14 sion of services under this section shall be provided—

15 ‘‘(i) by employees of a public agency; or

16 ‘‘(ii) through contract by such public agency

17 with an individual, association, agency, or orga18 nization.

19 ‘‘(B) In the provision of such services, such em20 ployee, person, association, agency, or organization

21 shall be independent of such private school and of any

22 religious organization, and such employment or con23 tract shall be under the control and supervision of

24 such public agency.
1158

•S 1513 RS

1 ‘‘(C) Funds used to provide services under this

2 section shall not be commingled with non-Federal

3 funds.

4 ‘‘SEC. 10504. STANDARDS FOR BY-PASS.

5 ‘‘If, by reason of any provision of law, a State, local,

6 or intermediate educational agency or consortium of such

7 agencies is prohibited from providing for the participation

8 in programs of children enrolled in, or teachers or other

9 educational personnel from, private elementary and second10 ary schools, on an equitable basis, or if the Secretary deter11 mines that such agency or consortium has substantially

12 failed or is unwilling to provide for such participation, as

13 required by section 10503, the Secretary shall—

14 ‘‘(1) waive the requirements of that section for

15 such agency or consortium; and

16 ‘‘(2) arrange for the provision of equitable serv17 ices to such children, teachers, or other educational

18 personnel through arrangements that shall be subject

19 to the requirements of this section and of sections

20 10503, 10505, and 10506.

21 ‘‘SEC. 10505. COMPLAINT PROCESS FOR PARTICIPATION OF

22 PRIVATE SCHOOL CHILDREN.

23 ‘‘(a) P ROCEDURES FOR COMPLAINTS.—The Secretary

24 shall develop and implement written procedures for receiv25 ing, investigating, and resolving complaints from parents,
1159

•S 1513 RS

1 teachers, or other individuals and organizations concerning

2 violations by an agency or consortium of section 10503 of

3 this Act. Such individual or organization shall submit such

4 complaint to the State educational agency for a written res5 olution by such agency within a reasonable period of time.

6 ‘‘(b) A PPEALS TO THE SECRETARY.—Such resolution

7 may be appealed by an interested party to the Secretary

8 within 30 days after the State educational agency resolves

9 the complaint or fails to resolve the complaint within a rea10 sonable period of time. Such appeal shall be accompanied

11 by a copy of the State educational agency’s resolution, and

12 a complete statement of the reasons supporting the appeal.

13 The Secretary shall investigate and resolve each such appeal

14 within 120 days after receipt of the appeal.

15 ‘‘SEC. 10506. BY-PASS DETERMINATION PROCESS.

16 ‘‘(a) REVIEW.—

17 ‘‘(1) I N GENERAL.—(A) The Secretary shall not

18 take any final action under section 10504 until the

19 agency or consortium affected by such action has had

20 an opportunity, for at least 45 days after receiving

21 written notice thereof, to submit written objections

22 and to appear before the Secretary to show cause why

23 that action should not be taken.

24 ‘‘(B) Pending final resolution of any investiga25 tion or complaint that could result in a determina-
1160

•S 1513 RS

1 tion under this section, the Secretary may withhold

2 from the allocation of the affected State or local edu3 cational agency the amount estimated by the Sec4 retary to be necessary to pay the cost of those services.

5 ‘‘(2) PETITION FOR REVIEW.—(A) If such af6 fected agency or consortium is dissatisfied with the

7 Secretary’s final action after a proceeding under

8 paragraph (1), such agency or consortium may, with9 in 60 days after notice of such action, file with the

10 United States court of appeals for the circuit in

11 which such State is located a petition for review of

12 that action.

13 ‘‘(B) A copy of the petition shall be forthwith

14 transmitted by the clerk of the court to the Secretary.

15 ‘‘(C) The Secretary thereupon shall file in the

16 court the record of the proceedings on which the Sec17 retary based this action, as provided in section 2112

18 of title 28, United States Code.

19 ‘‘(3) FINDINGS OF FACT.—(A) The findings of

20 fact by the Secretary, if supported by substantial evi21 dence, shall be conclusive, but the court, for good

22 cause shown, may remand the case to the Secretary

23 to take further evidence and the Secretary may there24 upon make new or modified findings of fact and may
1161

•S 1513 RS

1 modify the Secretary’s previous action, and shall file

2 in the court the record of the further proceedings.

3 ‘‘(B) Such new or modified findings of fact shall

4 likewise be conclusive if supported by substantial evi5 dence.

6 ‘‘(4) JURISDICTION.—(A) Upon the filing of such

7 petition, the court shall have jurisdiction to affirm the

8 action of the Secretary or to set it aside, in whole or

9 in part.

10 ‘‘(B) The judgment of the court shall be subject

11 to review by the Supreme Court of the United States

12 upon certiorari or certification as provided in section

13 1254 of title 28, United States Code.

14 ‘‘(b) DETERMINATION.—Any determination by the

15 Secretary under this section shall continue in effect until

16 the Secretary determines, in consultation with such agency

17 or consortium and representatives of the affected private

18 school children, teachers, or other educational personnel that

19 there will no longer be any failure or inability on the part

20 of such agency or consortium to meet the applicable require21 ments of section 10503 or any other provision of this Act.

22 ‘‘(c) P AYMENT FROM STATE ALLOTMENT.—When the

23 Secretary arranges for services pursuant to this section, the

24 Secretary shall, after consultation with the appropriate

25 public and private school officials, pay the cost of such serv-
1162

•S 1513 RS

1 ices, including the administrative costs of arranging for

2 those services, from the appropriate allocation or allocations

3 under this Act.

4 ‘‘(d) PRIOR DETERMINATION.—Any by-pass deter5 mination by the Secretary under this Act as in effect on

6 the day preceding the date of enactment of the Improving

7 America’s Schools Act of 1994 shall remain in effect to the

8 extent the Secretary determines that such determination is

9 consistent with the purpose of this section.

10 ‘‘SEC. 10507. PROHIBITION AGAINST FUNDS FOR RELIGIOUS

11 WORSHIP OR INSTRUCTION.

12 ‘‘Nothing contained in this Act shall be construed to

13 authorize the making of any payment under this Act for

14 religious worship or instruction.

15 ‘‘PART F—OTHER PROVISIONS

16 ‘‘SEC. 10601. STATE RECOGNITION OF EXEMPLARY PER17 FORMANCE.

18 ‘‘(a) RECOGNITION.—

19 ‘‘(1) I N GENERAL.—A State educational agency

20 may implement a program of State recognition

21 awards under one or more covered programs (other

22 than parts A and C of title I).

23 ‘‘(2) RECIPIENTS.—Such recognition awards

24 shall be made by the State educational agency to re25 cipients of assistance under this Act in the State that
1163

•S 1513 RS

1 the State educational agency determines have carried

2 out grant-related activities in an exemplary fashion

3 and have demonstrated outstanding performance

4 measured in accordance with this section.

5 ‘‘(3) F UNDING.—A State desiring to make mone6 tary awards under this section may reserve a portion

7 of the total amount available for grants within the

8 State under such programs for any fiscal year, not to

9 exceed 1 percent, for the purpose of making recogni10 tion awards to qualifying recipients under such pro11 grams. In implementing this section, a State may re12 duce the amount of funds the State would otherwise

13 allocate to recipients in accordance with the applica14 ble statute governing such allocation to the extent nec15 essary.

16 ‘‘(b) C ONDITIONS.—A State educational agency may

17 make recognition awards under this section if—

18 ‘‘(1) in selecting awardees, such agency takes

19 into account improvements in performance (rather

20 than comparisons with other schools and school dis21 tricts), and successful cooperative efforts among teach22 ers, administrators, and other school personnel in

23 achieving educational reform;
1164

•S 1513 RS

1 ‘‘(2) such agency employs peer review procedures

2 in identifying recipients eligible for awards, the iden3 tity of the awardees, and the amount of the awards;

4 ‘‘(3) such agency determines that the awardee is

5 in compliance with applicable civil rights require6 ments; and

7 ‘‘(4) such agency submits to the Secretary a de8 scription of the criteria used in making such awards.

9 ‘‘SEC. 10602. APPLICABILITY TO HOME SCHOOLS.

10 ‘‘Nothing in this Act shall be construed to affect home

11 schools.

12 ‘‘SEC. 10603. GENERAL PROVISION REGARDING

13 NONRECIPIENT NONPUBLIC SCHOOLS.

14 ‘‘Nothing in this Act shall be construed to permit,

15 allow, encourage, or authorize any Federal control over any

16 aspect of any private, religious, or home school, whether or

17 not a home school is treated as a private school or home

18 school under State law. This section shall not be construed

19 to bar private, religious, or home schools from participation

20 in programs or services under this Act.

21 ‘‘SEC. 10604. PROHIBITION ON FEDERAL MANDATES, DIREC22 TION, AND CONTROL.

23 ‘‘Nothing in this Act shall be construed to authorize

24 an officer or employee of the Federal Government to man25 date, direct, or control a State, local educational agency,
1165

•S 1513 RS

1 or school’s curriculum, program of instruction, or allocation

2 of State or local resources, or mandate a State or any sub3 division thereof to spend any funds or incur any costs not

4 paid for under this Act.

5 ‘‘SEC. 10605. REPORT.

6 ‘‘The Secretary shall report to the Congress within 180

7 days of the date of enactment of the Improving America’s

8 Schools Act of 1994 regarding how the Secretary shall en9 sure that audits conducted by Department employees of ac10 tivities assisted under this Act comply with changes to this

11 Act made by the Improving America’s Schools Act of 1994,

12 particularly with respect to permitting children with simi13 lar educational needs to be served in the same educational

14 settings, where appropriate.

15 ‘‘SEC. 10606. REQUIRED PARTICIPATION PROHIBITED.

16 ‘‘Notwithstanding any other provision of law, no State

17 shall be required to participate in any program under the

18 Goals 2000: Education America Act, or to have content

19 standards or student performance standards approved or

20 certified under such Act, in order to receive assistance under

21 this Act.

22 ‘‘PART G—EVALUATIONS

23 ‘‘SEC. 10701. EVALUATIONS.

24 ‘‘(a) EVALUATIONS.—
1166

•S 1513 RS

1 ‘‘(1) I N GENERAL.—Except as provided in para2 graph (2), the Secretary is authorized to reserve not

3 more than 0.50 percent of the amount appropriated

4 to carry out each program authorized under this

5 Act—

6 ‘‘(A) to carry out program evaluations and

7 studies of program effectiveness under this Act in

8 accordance with subsection (b);

9 ‘‘(B) to evaluate the aggregate short- and

10 long-term effects and cost efficiencies across Fed11 eral programs authorized under this Act and re12 lated preschool, elementary and secondary Fed13 eral programs under other Federal law;

14 ‘‘(C) to evaluate the short- and long-term ef15 fects of demonstration projects that show the

16 most promise of enabling children served under

17 this Act to meet challenging standards in accord18 ance with subsection (c); and

19 ‘‘(D) to strengthen the usefulness of grant

20 recipient evaluations for continuous program

21 progress through improving the quality, timeli22 ness, efficiency, and utilization of program infor23 mation on program performance.

24 ‘‘(2) SPECIAL RULE.—(A) Paragraph (1) shall

25 not apply to any program under title I.
1167

•S 1513 RS

1 ‘‘(B) If funds are made available under any pro2 gram assisted under this Act (other than a program

3 under title I) for evaluation activities, then the Sec4 retary shall use such funds to carry out paragraph

5 (1).

6 ‘‘(b) NATIONAL EVALUATIONS.—

7 ‘‘(1) I N GENERAL.—The Secretary shall use not

8 more than 90 percent of the funds made available

9 under subsection (a) to carry out—

10 ‘‘(A) independent studies of programs au11 thorized under this Act that are coordinated with

12 research supported through the Office of Edu13 cational Research and Improvement, and use

14 rigorous methodological designs and techniques,

15 including longitudinal designs, control groups,

16 and random assignment as appropriate, to deter17 mine—

18 ‘‘(i) the success of such programs in

19 meeting the measurable goals and objectives,

20 through appropriate targeting, quality serv21 ices, and efficient administration, and in

22 contributing to achieving the National Edu23 cation Goals, with a priority on assessing

24 program impact on student performance;
1168

•S 1513 RS

1 ‘‘(ii) the short- and long-term effects of

2 program participation on program partici3 pants, as appropriate;

4 ‘‘(iii) the cost and efficiency of such

5 programs; and

6 ‘‘(iv) to the extent feasible, the cost of

7 serving all students eligible to be served

8 under such programs;

9 ‘‘(B) in collaboration with the national as10 sessment conducted pursuant to section 1601,

11 conduct a comprehensive evaluation of how the

12 Federal Government has assisted the States to re13 form their educational systems through the var14 ious education laws enacted during the 103d

15 Congress, which evaluation shall—

16 ‘‘(i) encompass the changes made in

17 Federal programs pursuant to the Improv18 ing America’s Schools Act of 1994 as well

19 as in any other law enacted during the

20 103d Congress that amended a Federal pro21 gram assisting preelementary, elementary,

22 or secondary education;

23 ‘‘(ii) encompass new initiatives such as

24 initiatives under the Goals 2000: Educate

25 America Act, and the School-to-Work Op-
1169

•S 1513 RS

1 portunities Act of 1994, and be coordinated

2 with evaluations of such Acts;

3 ‘‘(iii) include a comprehensive review

4 of the programs developed under the Acts

5 described in subparagraph (D) to determine

6 such programs’ overall effect on—

7 ‘‘(I) the readiness of children for

8 schooling;

9 ‘‘(II) the improvement in edu10 cational attainment of students in ele11 mentary and secondary education; and

12 ‘‘(III) the improvement in skills

13 needed by students to obtain employ14 ment or pursue further education upon

15 completion of secondary school or fur16 ther education;

17 ‘‘(iv) include a comprehensive review of

18 the programs under the Acts described in

19 subparagraph (D) to determine such pro20 grams’ overall effect—

21 ‘‘(I) on school reform efforts un22 dertaken by States; and

23 ‘‘(II) on student populations that

24 have been the traditional beneficiaries

25 of Federal assistance in order to deter-
1170

•S 1513 RS

1 mine whether such population’s edu2 cational attainment has been improved

3 as a result of such programs;

4 ‘‘(v) evaluate how the National Assess5 ment Governing Board, the Advisory Coun6 cil on Education Statistics, the National

7 Education Goals Panel, and the National

8 Education Statistics and Improvement

9 Council (and any other Federal board estab10 lished to analyze, address, or approve edu11 cation standards and assessments) coordi12 nate, interact, or duplicate efforts to assist

13 the States in reforming the educational sys14 tems of States; and

15 ‘‘(vi) include a review of the programs

16 under the Acts described in subparagraph

17 (D) in such detail as the Secretary deems

18 appropriate, and may involve cooperation

19 with other Federal departments and agen20 cies in order to incorporate evaluations and

21 recommendations of such departments and

22 agencies.

23 ‘‘(2) I NDEPENDENT PANEL.—The Secretary shall

24 appoint an independent panel to review the plan for

25 the evaluation described in paragraph (1), to advise
1171

•S 1513 RS

1 the Secretary on such evaluation’s progress, and to

2 comment, if the panel so wishes, on the final report

3 described in paragraph (3).

4 ‘‘(3) REPORT.—The Secretary shall submit a

5 final report on the evaluation described in this sub6 section by January 1, 1998, to the Committee on

7 Education and Labor of the House of Representatives

8 and to the Committee on Labor and Human Re9 sources of the Senate.

10 ‘‘(c) EVALUATION OF DEMONSTRATIONS OF INNOVA11 TIVE PRACTICES.—The Secretary shall use at least 10 per12 cent of funds reserved under subsection (a) for evaluation

13 of demonstration projects assisted under this Act in order

14 to improve student achievement. Such evaluation shall—

15 ‘‘(1) identify specific intervention strategies and

16 implementation of such strategies that, based on the17 ory, research and evaluation, offer the promise of im18 proved achievement of program objectives;

19 ‘‘(2) use rigorous methodological designs and

20 techniques, including longitudinal designs, control

21 groups, and random assignment, to the extent feasible,

22 to produce reliable evidence of effectiveness;

23 ‘‘(3) assess at the end the reauthorization period

24 of each demonstration project the knowledge gained in
1172

•S 1513 RS

1 identifying and disseminating effective management

2 and educational practices; and

3 ‘‘(4) to the extent feasible, the cost of serving all

4 students eligible to be served under such demonstra5 tion projects.

6 ‘‘(d) RECIPIENT EVALUATION AND QUALITY ASSUR7 ANCE IMPROVEMENT.—The Secretary is authorized to pro8 vide guidance, technical assistance, and model programs to

9 recipients of assistance under this Act to strengthen infor10 mation for quality assurance and performance information

11 feedback at State and local levels. Such guidance and assist12 ance shall promote the development, measurement and re13 porting of valid, reliable, timely and consistent performance

14 indicators within a program in order to promote continu15 ous program improvement. Nothing in this subsection shall

16 be construed to establish a national data system.

17 ‘‘TITLE XI—CULTURAL PARTNER18 SHIPS FOR AT-RISK CHIL19 DREN AND YOUTH

20 ‘‘SEC. 11101. SHORT TITLE.

21 ‘‘This title may be cited as the ‘Cultural Partnerships

22 for At-Risk Children and Youth Act of 1994’.

23 ‘‘SEC. 11102. FINDINGS.

24 ‘‘The Congress finds that—
1173

•S 1513 RS

1 ‘‘(1) with local school budget cuts there are inad2 equate arts and cultural programs available for chil3 dren and youth in schools, especially at the elemen4 tary school level;

5 ‘‘(2) children and youth who receive instruction

6 in the arts and humanities, or who are involved in

7 cultural activities, remain in school longer and are

8 more successful than children who do not receive such

9 instruction;

10 ‘‘(3) school-university partnerships that upgrade

11 teacher training in the arts and humanities have sig12 nificantly contributed to improved instruction and

13 achievement levels of school-aged children; and

14 ‘‘(4) museum outreach, cultural activities and

15 informal education for at-risk children and youth

16 have contributed significantly to the educational

17 achievement and enhanced interest in learning of at18 risk children and youth.

19 ‘‘SEC. 11103. DEMONSTRATION PROGRAM.

20 ‘‘(a) GRANTS AUTHORIZED.—

21 ‘‘(1) GRANT FROM SECRETARY.—(A) The Sec22 retary, by grant, shall award all funds appropriated

23 under section 11108 to the Committee established

24 under subsection (b) to enable such Committee to

25 award subgrants in accordance with paragraph (2).
1174

•S 1513 RS

1 ‘‘(B) The Committee established under subsection

2 (b) may reserve not more than 5 percent of the grant

3 funds received under paragraph (1) in each fiscal

4 year for the costs of administration.

5 ‘‘(2) SUBGRANTS.—(A) From grant funds re6 ceived under paragraph (1)(A) and not reserved

7 under paragraph (1)(B), the Committee established

8 under subsection (b) shall award subgrants to eligible

9 entities to enable such entities to improve the edu10 cational performance and potential of at-risk children

11 and youth by providing comprehensive and coordi12 nated educational and cultural services to such chil13 dren and youth.

14 ‘‘(B) Each eligible recipient may reserve not

15 more than 5 percent of any subgrant funds received

16 under this part in each fiscal year for the costs of ad17 ministration.

18 ‘‘(3) E LIGIBLE ENTITIES.—For purposes of this

19 title, the term ‘eligible entity’ means—

20 ‘‘(A) for purposes of determining eligibility

21 for a subgrant under this title to serve in-school

22 children and youth, a partnership between—

23 ‘‘(i) a local educational agency or an

24 individual school that is eligible to partici-
1175

•S 1513 RS

1 pate in a schoolwide program under section

2 1114; and

3 ‘‘(ii) at least 1 institution of higher

4 education, museum, local arts agency, or

5 cultural entity that is accessible to individ6 uals within the school district of such local

7 educational agency or school, and that has

8 a history of providing quality services to the

9 community, which may include—

10 ‘‘(I) a nonprofit institution of

11 higher education, local arts agency,

12 cultural institution, or zoological or

13 botanical facility; or

14 ‘‘(II) a private for-profit entity

15 with an effective history of training

16 children and youth in the arts or hu17 manities; and

18 ‘‘(B) for purposes of determining eligibility

19 for a subgrant under this title to serve out-of20 school youth, a partnership between—

21 ‘‘(i) at least 1 entity described in

22 clause (i) or (ii) of subparagraph (A); and

23 ‘‘(ii) at least 1 entity described in

24 clause (ii) of subparagraph (A).
1176

•S 1513 RS

1 ‘‘(b) N ATIONAL COMMITTEE ON CULTURAL PARTNER2 SHIPS FOR AT-RISK CHILDREN AND YOUTH.—

3 ‘‘(1) ESTABLISHMENT.—There is established a

4 committee to be known as the National Committee on

5 Cultural Partnerships for At-Risk Children and

6 Youth (referred to in this title as the ‘Committee’).

7 ‘‘(2) MEMBERSHIP.—The Committee shall be

8 comprised of 8 members, of whom—

9 ‘‘(A) 2 members shall be appointed by the

10 Secretary of Education;

11 ‘‘(B) 2 members shall be appointed by the

12 Chairperson of the National Endowment for the

13 Humanities;

14 ‘‘(C) 2 members shall be appointed by the

15 Chairperson of the National Endowment for the

16 Arts; and

17 ‘‘(D) 2 members shall be appointed by the

18 Director of the Institute of Museum Services.

19 ‘‘(c) AWARD OF SUBGRANTS.—

20 ‘‘(1) I N GENERAL.—The Committee shall award

21 subgrants under this title to eligible entities seeking to

22 carry out programs designed to—

23 ‘‘(A) promote and enhance educational and

24 cultural activities;
1177

•S 1513 RS

1 ‘‘(B) provide integration of community cul2 tural resources into the regular curriculum and

3 school day;

4 ‘‘(C) focus school and cultural resources in

5 the community on coordinated cultural services

6 to address the needs of at-risk children and

7 youth;

8 ‘‘(D) provide effective cultural programs to

9 facilitate the transition from preschool programs

10 to elementary school programs, including pro11 grams under the Head Start Act and part H of

12 the Individuals with Disabilities Education Act;

13 ‘‘(E) facilitate school-to-work transition

14 from secondary schools and alternative schools to

15 job training, higher education, and employment

16 through educational programs and activities that

17 utilize school resources;

18 ‘‘(F) increase parental and community in19 volvement in the educational, social, and cul20 tural development of at-risk children and youth;

21 or

22 ‘‘(G) develop programs and strategies

23 that—

24 ‘‘(i) provide high-quality coordinated

25 educational and cultural services; and
1178

•S 1513 RS

1 ‘‘(ii) are designed to integrate such co2 ordination into the regular curriculum and

3 to replicate the services in other schools.

4 ‘‘(2) S PECIAL RULE.—Subgrants awarded under

5 this title shall be of sufficient size, scope, and quality

6 to be effective.

7 ‘‘(3) COORDINATION.—(A) The Committee shall

8 award subgrants under this title only to eligible enti9 ties that agree to coordinate activities carried out

10 under this part with other Federal, State, and local

11 programs designed to serve the purposes and target

12 populations described in this title.

13 ‘‘(B) The Committee shall award subgrants

14 under this title so as to ensure nonduplication of serv15 ices provided by subgrant recipients and services pro16 vided by—

17 ‘‘(i) the National Endowment for the Hu18 manities;

19 ‘‘(ii) the National Endowment for the Arts;

20 and

21 ‘‘(iii) the Institute for Museum Services.

22 ‘‘(4) G EOGRAPHIC DISTRIBUTION.—In awarding

23 subgrants under this title the Committee, to the extent

24 feasible, shall ensure an equitable geographic distribu25 tion of such subgrants.
1179

•S 1513 RS

1 ‘‘(5) PRIORITY.—In awarding subgrants under

2 this title the Committee may give priority to eligible

3 entities that provide comprehensive services that ex4 tend beyond traditional school or service hours.

5 ‘‘(6) RENEWAL.—The recipient of a subgrant

6 under this title may be eligible for funding for a max7 imum of 5 years, if the Committee determines that the

8 eligible recipient has made satisfactory progress to9 ward the achievement of the program goals described

10 in the application.

11 ‘‘(7) CRITERIA AND PROCEDURES.—The Com12 mittee shall establish and transmit to the Secretary

13 criteria and procedures for awarding subgrants under

14 this title. The Secretary shall publish such criteria

15 and procedures in the Federal Register.

16 ‘‘(d) APPLICATION.—

17 ‘‘(1) I N GENERAL.—Each eligible entity seeking

18 a subgrant under this title shall submit an applica19 tion to the Committee at such time, in such manner,

20 and accompanied by such information as the Com21 mittee may reasonably require.

22 ‘‘(2) C ONTENTS.—Each application submitted to

23 the Committee pursuant to paragraph (1) shall—

24 ‘‘(A) describe the cultural entity or entities

25 that will participate in the partnership;
1180

•S 1513 RS

1 ‘‘(B) describe the target population to be

2 served;

3 ‘‘(C) describe the services to be provided;

4 ‘‘(D) describe a plan for evaluating the suc5 cess of the program;

6 ‘‘(E) in the case of each local educational

7 agency or school participating in the eligible re8 cipient partnership, describe how the activities

9 assisted under this title will be perpetuated be10 yond the duration of the subgrant;

11 ‘‘(F) describe the manner in which the eligi12 ble entity will seek to improve the educational

13 achievement or future potential of at-risk chil14 dren and youth through more effective coordina15 tion of cultural services in the community;

16 ‘‘(G) describe the overall and operational

17 goals of the program; and

18 ‘‘(H) describe training that will be provided

19 to individuals who are not trained to work with

20 children and youth, and how teachers will be in21 volved.

22 ‘‘(e) TARGET POPULATION.—To be eligible for a

23 subgrant under this title, an eligible entity shall serve—
1181

•S 1513 RS

1 ‘‘(1) students enrolled in schools participating in

2 a schoolwide program under section 1114 and the

3 families of such students to the extent practicable;

4 ‘‘(2) out-of-school children and youth at risk of

5 disadvantages resulting from teenage parenting, sub6 stance abuse, recent migration, disability, limited7 English proficiency, illiteracy, being the child of a

8 teenage parent, living in a single parent household, or

9 dropping out of school; or

10 ‘‘(3) any combination of in-school and out-of11 school at-risk children and youth.

12 ‘‘SEC. 11104. AUTHORIZED ACTIVITIES.

13 ‘‘(a) IN GENERAL.—Subgrants awarded under this

14 title may be used—

15 ‘‘(1) to plan, develop, acquire, expand, and im16 prove school-based or community-based coordinated

17 educational and cultural programs to strengthen the

18 educational performance and future potential of in19 school or out-of-school at-risk children and youth

20 through grants, cooperative agreements, contracts for

21 services, or administrative coordination;

22 ‘‘(2) to provide at-risk students with integrated

23 cultural activities designed to develop a love of learn24 ing that fosters the smooth transition of preschool

25 children to elementary school;
1182

•S 1513 RS

1 ‘‘(3) to design collaborative cultural activities for

2 students in secondary or alternative schools that en3 sure the smooth transition to job training, higher edu4 cation, or full employment;

5 ‘‘(4) to provide child care for children of at-risk

6 students who would not otherwise be able to partici7 pate in the program;

8 ‘‘(5) to provide transportation necessary for par9 ticipation in the program;

10 ‘‘(6) to develop curriculum materials in the arts;

11 ‘‘(7) for staff development activities that encour12 age the integration of the arts into the curriculum;

13 ‘‘(8) for stipends that allow local arts and hu14 manities professionals to work with at-risk children

15 and youth in schools;

16 ‘‘(9) for training individuals who are not

17 trained to work with children and youth;

18 ‘‘(10) for cultural programs that encourage the

19 active participation of parents in the education of

20 their children;

21 ‘‘(11) for programs that use the arts and culture

22 to reform current school practices, including lengthen23 ing the school day or academic year;

24 ‘‘(12) for equipment or supplies that the Com25 mittee determines appropriate; and
1183

•S 1513 RS

1 ‘‘(13) for evaluation, administration, and super2 vision.

3 ‘‘(b) TEACHERS.—Each recipient of a subgrant under

4 this title serving in-school children and youth shall carry

5 out the activities described in the application with the in6 volvement of a certified teacher or trained instructor.

7 ‘‘SEC. 11105. PLANNING SUBGRANTS.

8 ‘‘(a) IN GENERAL.—The Committee may award plan9 ning subgrants to eligible entities under this title.

10 ‘‘(b) A MOUNT.—A planning subgrant shall be in an

11 amount not to exceed $50,000.

12 ‘‘(c) D URATION.—A planning subgrant shall be for a

13 period of not more than 1 year.

14 ‘‘(d) LIMITATIONS.—An eligible entity may receive not

15 more than 1 planning subgrant under this section.

16 ‘‘SEC. 11106. PAYMENTS; AMOUNTS OF AWARD; COST SHARE;

17 LIMITATIONS.

18 ‘‘(a) PAYMENTS.—The Secretary shall pay to each eli19 gible entity having an application approved under section

20 11103, the Federal share of the cost of the activities de21 scribed in the application.

22 ‘‘(b) COST SHARE.—

23 ‘‘(1) F EDERAL SHARE.—The Federal share of a

24 subgrant under this title shall be 80 percent of the
1184

•S 1513 RS

1 cost of carrying out the activities described in the ap2 plication.

3 ‘‘(2) NON-FEDERAL SHARE.—The non-Federal

4 share of a subgrant under this title shall be 20 per5 cent of the cost of carrying out the activities described

6 in the application and may be in cash or in kind,

7 fairly evaluated, including the provision of equip8 ment, services, or facilities.

9 ‘‘(c) LIMITATIONS.—

10 ‘‘(1) NONINSTRUCTIONAL SERVICES.—Not more

11 than 25 percent of the subgrant funds provided in

12 any fiscal year under this title may be used for

13 noninstructional activities such as the activities de14 scribed in paragraphs (4), (5), and (12) of section

15 11104(a).

16 ‘‘(2) SUPPLEMENT AND NOT SUPPLANT.—

17 Subgrant funds awarded under this title shall be used

18 to supplement and not supplant the amount of funds

19 made available from non-Federal sources, for the ac20 tivities assisted under this title.

21 ‘‘SEC. 11107. MODELS.

22 ‘‘The Secretary, in consultation with the Committee,

23 shall disseminate information concerning successful models

24 under this title through the National Diffusion Network.
1185

•S 1513 RS

1 ‘‘SEC. 11108. AUTHORIZATION OF APPROPRIATIONS.

2 ‘‘(a) AUTHORIZATION.—Subject to subsection (b), there

3 are authorized to be appropriated to carry out this title,

4 $20,000,000 for fiscal year 1995, and such sums as may

5 be necessary for each of the 4 succeeding fiscal years.

6 ‘‘(b) LIMITATIONS.—

7 ‘‘(1) CONTINGENT APPROPRIATIONS.—Notwith8 standing any other provision of law, no amounts

9 shall be made available to carry out this title in any

10 fiscal year unless there is appropriated—

11 ‘‘(A) not less than $177,000,000 for the Na12 tional Endowment for the Humanities under the

13 National Foundation on the Arts and the Hu14 manities Act of 1965;

15 ‘‘(B) not less than $170,000,000 for the Na16 tional Endowment for the Arts under such Act;

17 and

18 ‘‘(C) not less than $28,000,000 for the Insti19 tute for Museum Services under the Museum

20 Services Act.

21 ‘‘(2) P LANNING SUBGRANTS.—Not more than 10

22 percent of the amount appropriated in each fiscal

23 year pursuant to subsection (a) shall be used for plan24 ning subgrants under section 11105.
1186

•S 1513 RS

1 ‘‘TITLE XII—DISCLOSURE

2 REQUIREMENTS

3 ‘‘SEC. 12001. DEFINITIONS.

4 ‘‘As used in this title:

5 ‘‘(1) D ISABILITY.—The term ‘disability’ has the

6 same meaning given to such term by section 3(2) of

7 the Americans with Disabilities Act of 1990.

8 ‘‘(2) E DUCATIONAL ORGANIZATION.—(A) Except

9 as provided in subparagraphs (B) and (C), the term

10 ‘educational organization’ means any organization or

11 entity that—

12 ‘‘(i) provides an educational program for a

13 fee; and

14 ‘‘(ii) recruits students through means such

15 as commercial media, direct mailings, school re16 cruitment programs, school administrators,

17 teachers or staff, or current or former partici18 pants in an educational program offered by such

19 organization or entity.

20 ‘‘(B) Such term does not include—

21 ‘‘(i) a local educational agency, a State

22 educational agency, a State department of edu23 cation, or an elementary or secondary school;

24 ‘‘(ii) an institution of higher education; or
1187

•S 1513 RS

1 ‘‘(iii) a local organization sponsored by an

2 elementary or secondary school, a recreational

3 organization, an entertainment organization, a

4 local sports activity group, or a social club.

5 ‘‘(C) For the purpose of section 12002 only, such

6 term—

7 ‘‘(i) except as provided in clause (ii), does

8 not include an organization or entity that pro9 vides an educational program if such organiza10 tion or entity recruits, for participation in such

11 program, solely through a local school official;

12 and

13 ‘‘(ii) includes any such organization or en14 tity that offers a local school official, teacher or

15 other school personnel compensation or any other

16 benefit for such recruitment, except that payment

17 of the expenses incurred by a local school official,

18 teacher or other school personnel in performing

19 chaperone activities related to such program

20 shall not be considered compensation or a benefit

21 for such recruitment.

22 ‘‘(3) EDUCATIONAL PROGRAM.—(A) Except as

23 provided in subparagraph (B), the term ‘educational

24 program’ means a special honors program, seminar,

25 citizenship experience, government study program,
1188

•S 1513 RS

1 educational vacation, student exchange program, or

2 other educational experience or honor—

3 ‘‘(i) that is generally directed toward mi4 nors or secondary school students;

5 ‘‘(ii) for which a tuition or enrollment fee

6 is charged;

7 ‘‘(iii) that is offered away from a student’s

8 regular place of school attendance;

9 ‘‘(iv) that includes not less than 1 super10 vised night away from home; and

11 ‘‘(v) that is intended to enhance a student’s

12 regular course of study.

13 ‘‘(B) Such term does not include a recreational

14 program, or a social or religious activity.

15 ‘‘(4) L OCAL SCHOOL OFFICIAL.—The term ‘local

16 school official’ means the highest administrative offi17 cial serving a school district, or such individual’s des18 ignee.

19 ‘‘(5) M INOR.—The term ‘minor’ means an indi20 vidual who has not attained the age of 18.

21 ‘‘(6) MEMBERSHIP ORGANIZATION.—The term

22 ‘membership organization’ includes any organization

23 that maintains a membership list or collects dues or

24 membership fees from its members.
1189

•S 1513 RS

1 ‘‘(7) RECREATIONAL ORGANIZATION.—The term

2 ‘recreational organization’ includes any organization

3 or entity that has as its primary function pleasure,

4 amusement, or sports activities.

5 ‘‘(8) RECREATIONAL PROGRAM.—The term ‘rec6 reational program’ includes any activity or service

7 that is intended as an entertainment pastime.

8 ‘‘SEC. 12002. DISCLOSURE REQUIREMENTS.

9 ‘‘Each educational organization, prior to enrolling a

10 minor and prior to accepting funds for the cost of a minor’s

11 participation in an educational program operated by such

12 organization, shall disclose the following information in

13 written form to the minor or the minor’s parent:

14 ‘‘(1) METHOD OF SOLICITATION AND SELEC15 TION.—The method of solicitation and selection of

16 participants in the educational program, including—

17 ‘‘(A) the origin of any mailing list used for

18 such solicitation and selection;

19 ‘‘(B) any recruitment through a local school

20 official, teacher or school personnel, including

21 any compensation or other benefit offered to such

22 official, teacher or personnel for the recommenda23 tion of a minor for participation in the edu24 cational program;
1190

•S 1513 RS

1 ‘‘(C) any open enrollment activity, includ2 ing the method of outreach; and

3 ‘‘(D) any cooperation with, or sponsorship

4 by, a membership organization, including a de5 scription of the cooperation or sponsorship and

6 the name of each such organization.

7 ‘‘(2) COSTS AND FEES.—Information regarding

8 the cost of the educational program and information

9 regarding the distribution of any enrollment fee, in10 cluding—

11 ‘‘(A) the amount paid for, and the percent12 age of the total educational program cost of, each

13 feature of the educational program, including—

14 ‘‘(i) food;

15 ‘‘(ii) lodging;

16 ‘‘(iii) transportation;

17 ‘‘(iv) program staffing;

18 ‘‘(v) textbooks, syllabi, or other scholas19 tic educational program materials;

20 ‘‘(vi) speaker fees; and

21 ‘‘(vii) administrative expenses, includ22 ing expenses related to—

23 ‘‘(I) the preparation of non-scho24 lastic educational program materials;
1191

•S 1513 RS

1 ‘‘(II) the provision of financial

2 assistance;

3 ‘‘(III) mailing list rental or other

4 recruitment activity; and

5 ‘‘(IV) administrative salaries and

6 consulting fees;

7 ‘‘(B) the identity of the organization or

8 business providing each of the features described

9 in clauses (i) through (vii) of subparagraph (A);

10 and

11 ‘‘(C) the nature of any relationship of any

12 board member, officer, or employee of the edu13 cational organization to any organization or

14 business described in subparagraph (B), includ15 ing the salary or other compensation paid by

16 such organization or business to such Board

17 member, officer, or employee.

18 ‘‘SEC. 12003. NONDISCRIMINATORY ENROLLMENT AND

19 SERVICE POLICY.

20 ‘‘(a) IN GENERAL.—Each educational organization

21 shall include a verifiable statement in all enrollment or re22 cruitment material that the educational organization does

23 not—

24 ‘‘(1) fail or refuse to hire, or discharge, any indi25 vidual, or otherwise discriminate against any indi-
1192

•S 1513 RS

1 vidual with respect to compensation, terms, condi2 tions, or privileges of employment; or

3 ‘‘(2) exclude any student from participation in

4 an educational program, discriminate against any

5 student in providing the benefits associated with such

6 program (including any scholarship or financial as7 sistance, and use of any facility), or subject the stu8 dent to discrimination under such program,

9 on the basis of race, disability, or residence in a low-income

10 area.

11 ‘‘(b) CONSTRUCTION.—Nothing in this section shall be

12 construed to entitle a student to—

13 ‘‘(1) participation in an educational program or

14 any benefit associated with such program; or

15 ‘‘(2) a waiver of any fee charged for such par16 ticipation or benefit.

17 ‘‘SEC. 12004. ENFORCEMENT.

18 ‘‘The Secretary shall—

19 ‘‘(1)(A) widely disseminate information about

20 the requirements of this title to State and local school

21 officials and parents; and

22 ‘‘(B) require educational organizations to submit

23 appropriate information or assurances regarding such

24 organizations’ compliance with this title; and
1193

•S 1513 RS

1 ‘‘(2) take whatever other steps the Secretary de2 termines are appropriate to enforce this title, includ3 ing—

4 ‘‘(A) promulgating regulations;

5 ‘‘(B) establishing a complaint process;

6 ‘‘(C) referring complaints to the relevant

7 Federal, State, or local authorities for appro8 priate action;

9 ‘‘(D) alerting educational agencies, schools,

10 and parents to the practices of educational orga11 nizations that violate the provisions of this title;

12 and

13 ‘‘(E) imposing civil fines (not to exceed

14 $1,000 per violation) on educational organiza15 tions that knowingly violate this title.

16 ‘‘TITLE XIII—TARGETED

17 ASSISTANCE PROGRAM

18 ‘‘PART A—GENERAL PROVISIONS

19 ‘‘SEC. 13101. ALLOTMENT TO STATES.

20 ‘‘(a) RESERVATIONS.—From the sums appropriated to

21 carry out this title in any fiscal year, the Secretary shall

22 reserve not to exceed 1 percent for payments to Guam,

23 American Samoa, the Virgin Islands, the Republic of the

24 Marshall Islands, the Federated States of Micronesia, the

25 Northern Mariana Islands, and Palau, to be allotted in ac-
1194

•S 1513 RS

1 cordance with their respective needs for assistance under

2 this title.

3 ‘‘(b) ALLOTMENT.—From the remainder of such sums

4 the Secretary shall allot to each State an amount which

5 bears the same ratio to the amount of such remainder as

6 the school-age population of the State bears to the school7 age population of all States, except that no State shall re8 ceive less than an amount equal to one-half of 1 percent

9 of such remainder.

10 ‘‘(c) DEFINITIONS.—For purposes of this section—

11 ‘‘(1) The term ‘school-age population’ means the

12 population aged 5 through 17.

13 ‘‘(2) The term ‘States’ includes the 50 States, the

14 District of Columbia, and the Commonwealth of Puer15 to Rico.

16 ‘‘SEC. 13102. ALLOCATION TO LOCAL EDUCATIONAL AGEN17 CIES.

18 ‘‘(a) DISTRIBUTION RULE.—From the sum made

19 available each year under section 13101, the State edu20 cational agency shall distribute not less than 80 percent to

21 local educational agencies within such State according to

22 the relative enrollments in public and private, nonprofit

23 schools within the school districts of such agencies, adjusted,

24 in accordance with criteria approved by the Secretary, to

25 provide higher per pupil allocations to local educational
1195

•S 1513 RS

1 agencies which have the greatest numbers or percentages of

2 children whose education imposes a higher than average

3 cost per child, such as—

4 ‘‘(1) children living in areas with high con5 centrations of low-income families;

6 ‘‘(2) children from low-income families; and

7 ‘‘(3) children living in sparsely populated areas.

8 ‘‘(b) CALCULATION OF ENROLLMENTS.—

9 ‘‘(1) IN GENERAL.—The calculation of relative

10 enrollments under subsection (a) shall be on the basis

11 of the total of—

12 ‘‘(A) the number of children enrolled in

13 public schools; and

14 ‘‘(B) the number of children enrolled in pri15 vate nonprofit schools that desire that their chil16 dren participate in programs or projects assisted

17 under this title,

18 for the fiscal year preceding the fiscal year in which

19 the determination is made. Nothing in this subsection

20 shall diminish the responsibility of local educational

21 agencies to contact, on an annual basis, appropriate

22 officials from private nonprofit schools within the

23 areas served by such agencies in order to determine

24 whether such schools desire that their children partici25 pate in programs assisted under this title.
1196

•S 1513 RS

1 ‘‘(2) ADJUSTMENTS.—(A) Relative enrollments

2 under subsection (a) shall be adjusted, in accordance

3 with criteria approved by the Secretary under sub4 paragraph (B), to provide higher per pupil alloca5 tions only to local educational agencies which serve

6 the greatest numbers or percentages of—

7 ‘‘(i) children living in areas with high con8 centrations of low-income families;

9 ‘‘(ii) children from low-income families; or

10 ‘‘(iii) children living in sparsely populated

11 areas.

12 ‘‘(B) The Secretary shall review criteria submit13 ted by a State educational agency for adjusting allo14 cations under paragraph (1) and shall approve such

15 criteria only if the Secretary determines that such

16 criteria are reasonably calculated to produce an ad17 justed allocation that reflects the relative needs within

18 the State’s local educational agencies based on the fac19 tors set forth in subparagraph (A).

20 ‘‘(c) PAYMENT OF ALLOCATIONS.—

21 ‘‘(1) D ISTRIBUTION.—From the funds paid to a

22 State educational agency pursuant to section 13101

23 for a fiscal year, such agency shall distribute to each

24 eligible local educational agency which has submitted

25 an application as required in section 13303 the
1197

•S 1513 RS

1 amount of its allocation as determined under sub2 section (a).

3 ‘‘(2) A DDITIONAL FUNDS.—(A) Additional funds

4 resulting from higher per pupil allocations provided

5 to a local educational agency on the basis of adjusted

6 enrollments of children described in subsection (a),

7 may, at the discretion of the local educational agency,

8 be allocated for expenditures to provide services for

9 children enrolled in public and private nonprofit

10 schools in direct proportion to the number of children

11 described in subsection (a) and enrolled in such

12 schools within the local educational agency.

13 ‘‘(B) In any fiscal year, any local educational

14 agency that elects to allocate such additional funds in

15 the manner described in subparagraph (A) shall allo16 cate all additional funds to schools within the local

17 educational agency in such manner.

18 ‘‘(C) The provisions of subparagraphs (A) and

19 (B) may not be construed to require any school to

20 limit the use of such additional funds to the provision

21 of services to specific students or categories of stu22 dents.
1198

•S 1513 RS

1 ‘‘PART B—STATE PROGRAMS

2 ‘‘SEC. 13201. STATE USES OF FUNDS.

3 ‘‘(a) A UTHORIZED ACTIVITIES.—A State educational

4 agency may use funds reserved for State use under this title

5 only for—

6 ‘‘(1) State administration of programs under

7 this title including—

8 ‘‘(A) supervision of the allocation of funds

9 to local educational agencies;

10 ‘‘(B) planning, supervision, and processing

11 of State funds; and

12 ‘‘(C) monitoring and evaluation of pro13 grams and activities under this title; and

14 ‘‘(2) technical assistance and direct grants to

15 local educational agencies and statewide activities

16 which assist local educational agencies to provide tar17 geted assistance as provided in section 13301.

18 ‘‘(b) LIMITATIONS AND REQUIREMENTS.—Not more

19 than 25 percent of funds available for State programs under

20 this title in any fiscal year may be used for State adminis21 tration under subsection (a)(1).

22 ‘‘SEC. 13202. STATE APPLICATIONS.

23 ‘‘(a) APPLICATION REQUIREMENTS.—Any State which

24 desires to receive grants under this title shall submit to the

25 Secretary an application which—
1199

•S 1513 RS

1 ‘‘(1) designates the State educational agency as

2 the State agency responsible for the administration

3 and supervision of programs assisted under this title;

4 ‘‘(2) sets forth planned allocation of funds re5 served for State use under section 13102(a) among the

6 targeted assistance programs described in section

7 13301 and describes programs, projects, and activities

8 which are designed to carry out such targeted assist9 ance, together with the reasons for the selection of

10 such programs, projects, and activities;

11 ‘‘(3) provides for timely public notice and public

12 dissemination of the information provided pursuant

13 to paragraph (2);

14 ‘‘(4)(A) provides for a biennial submission of

15 data on the use of funds, the types of services fur16 nished, and the students served under this title;

17 ‘‘(B) provides for an evaluation of the effective18 ness of programs assisted under this title;

19 ‘‘(5) provides that the State educational agency

20 will keep such records and provide such information

21 to the Secretary as may be required for fiscal audit

22 and program evaluation (consistent with the respon23 sibilities of the Secretary under this title);

24 ‘‘(6) provides assurance that, apart from tech25 nical and advisory assistance and monitoring compli-
1200

•S 1513 RS

1 ance with this title, the State educational agency has

2 not exercised and will not exercise any influence in

3 the decisionmaking processes of local educational

4 agencies as to the expenditures made pursuant to an

5 application under section 13301;

6 ‘‘(7) provides the following information: (A) how

7 the State will adjust its formula to comply with sec8 tion 13102(b)(2), (B) how children under section

9 13102(b)(2)(A) are defined, (C) the basis on which a

10 determination of the local educational agencies under

11 section 13102(b)(2)(A) is made, and (D) the percent12 age of the State grant which is proposed to be allotted

13 on an adjusted basis under section 13102; and

14 ‘‘(8) contains assurances that there is compliance

15 with the specific requirements of this title.

16 ‘‘(b) P ERIOD OF APPLICATION.—An application filed

17 by the State under subsection (a) shall be for a period not

18 to exceed 3 years, and may be amended annually as may

19 be necessary to reflect changes without filing a new applica20 tion.

21 ‘‘(c) A UDIT RULE.—Notwithstanding section 1745 of

22 the Omnibus Budget Reconciliation Act of 1981, local edu23 cational agencies receiving less than an average $5,000 each

24 year under this title need not be audited more frequently

25 than once every 5 years.
1201

•S 1513 RS

1 ‘‘PART C—LOCAL TARGETED ASSISTANCE

2 PROGRAMS

3 ‘‘SEC. 13301. TARGETED USE OF FUNDS.

4 ‘‘(a) GENERAL RULE.—Funds allocated for use under

5 this title shall be used by State and local educational agen6 cies for targeted assistance described in subsection (b).

7 ‘‘(b) TARGETED ASSISTANCE.—The targeted assistance

8 programs referred to in subsection (a) are—

9 ‘‘(1) programs for the acquisition and use of in10 structional and educational materials, including li11 brary books, reference materials, computer software

12 and hardware for instructional use, and other cur13 ricular materials that will be used to improve student

14 achievement;

15 ‘‘(2) programs to improve the higher order think16 ing skills of economically disadvantaged elementary

17 and secondary school students and to prevent students

18 from dropping out of school;

19 ‘‘(3) programs to combat illiteracy in the student

20 and adult population, including parent illiteracy;

21 ‘‘(4) programs to provide for the educational

22 needs of gifted and talented children;

23 ‘‘(5) school facility repair, renovation, improve24 ment and construction;

25 ‘‘(6) school reform activities that are consistent

26 with the Goals 2000: Educate America Act for local
1202

•S 1513 RS

1 educational agencies that do not receive assistance

2 under that Act; and

3 ‘‘(7) school improvement programs or activities

4 under sections 1118 and 1119.

5 ‘‘SEC. 13302. AUTHORIZED ACTIVITIES.

6 ‘‘(a) IN GENERAL.—Activities authorized under this

7 part may include the planning, development, or operation

8 and expansion of programs, projects, and activities which

9 are designed to carry out the targeted assistance described

10 in section 13301. Such activities may include—

11 ‘‘(1) training of educational personnel and edu12 cation policymakers in any of the targeted assistance

13 programs described in section 13301;

14 ‘‘(2) guidance and pupil services; and

15 ‘‘(3) any other education or related activities

16 which the State or local educational agency deter17 mines will contribute to improving the programs de18 scribed in section 13301.

19 ‘‘(b) A DMINISTRATIVE AUTHORITY.—In order to con20 duct the activities authorized by this title, each State or

21 local educational agency may use funds reserved for this

22 title to make grants to and to enter into contracts with local

23 educational agencies, educational service agencies, institu24 tions of higher education, libraries, museums, and other
1203

•S 1513 RS

1 public and private nonprofit agencies, organizations, and

2 institutions.

3 ‘‘SEC. 13303. LOCAL APPLICATIONS.

4 ‘‘(a) CONTENTS OF APPLICATION.—A local educational

5 agency or consortia of local educational agencies may re6 ceive an allocation of funds under this title for any year

7 for which an application is submitted to the State edu8 cational agency and such application is certified to meet

9 the requirements of this section. The State educational agen10 cy shall certify any such application if such application—

11 ‘‘(1) sets forth the planned allocation of funds

12 among targeted assistance programs described in sec13 tion 13301 and describes the programs, projects, and

14 activities designed to carry out such targeted assist15 ance which the State educational agency intends to

16 support, together with the reasons for the selection of

17 such programs, projects, and activities;

18 ‘‘(2) describes how assistance under this title will

19 contribute to the goals of the program of improving

20 student achievement or improving the quality of edu21 cation for students;

22 ‘‘(3) agrees to keep such records, and provide

23 such information to the State educational agency as

24 reasonably may be required for fiscal audit and pro-
1204

•S 1513 RS

1 gram evaluation, consistent with the responsibilities

2 of the State agency under this title; and

3 ‘‘(4) provides, in the allocation of funds for the

4 assistance authorized by this title, and in the design,

5 planning, and implementation of such programs, for

6 systematic consultation with parents of children at7 tending elementary and secondary schools in the area

8 served by the local agency, with teachers and admin9 istrative personnel in such schools, and with other

10 groups involved in the implementation of this title

11 (such as librarians, school counselors, and other pupil

12 services personnel) as may be considered appropriate

13 by the local educational agency.

14 ‘‘(b) P ERIOD OF APPLICATION.—An application filed

15 by a local educational agency under subsection (a) shall be

16 for a period not to exceed 3 fiscal years, may provide for

17 the allocation of funds among programs and purposes au18 thorized by this title for a period of 3 years, and may be

19 amended annually as may be necessary to reflect changes

20 without filing a new application.

21 ‘‘(c) LOCAL EDUCATIONAL AGENCY DISCRETION.—

22 Subject to the limitations and requirements of this title, a

23 local educational agency shall have complete discretion in

24 determining how funds under this part shall be divided

25 among the areas of targeted assistance of this part. In exer-
1205

•S 1513 RS

1 cising such discretion, a local educational agency shall en2 sure that expenditures under this part carry out the pur3 poses of this title and are intended to meet the educational

4 needs within the schools of that local educational agency.

5 ‘‘PART D—AUTHORIZATION OF APPROPRIATIONS

6 ‘‘SEC. 13401. AUTHORIZATION OF APPROPRIATIONS.

7 ‘‘There are authorized to be appropriated $325,000,000

8 for fiscal year 1995, and such sums as may be necessary

9 for each of the 4 succeeding fiscal years, to carry out this

10 title.

11 ‘‘TITLE XIV—NATIONAL

12 EDUCATION STATISTICS

13 ‘‘SEC. 14001. SHORT TITLE.

14 ‘‘This part may be cited as the ‘National Education

15 Statistics Act of 1994’.

16 ‘‘SEC. 14002. FINDINGS; PURPOSE; DEFINITIONS.

17 ‘‘(a) FINDINGS.—The Congress finds that—

18 ‘‘(1) a Department Office of Education was es19 tablished in 1867 ‘for the purpose of collecting such

20 statistics and facts as shall show the condition and

21 progress of education in the several States and Terri22 tories, and of diffusing such information respecting

23 the organization and management of schools and

24 school systems and methods of teaching as shall aid

25 the people of the United States in the establishment
1206

•S 1513 RS

1 and maintenance of efficient school systems, and oth2 erwise promote the cause of education throughout the

3 country’;

4 ‘‘(2) today, while the role of the current Depart5 ment of Education is much broader, the National

6 Center for Education Statistics within the Office of

7 Educational Research and Improvement continues to

8 perform those crucial original purposes; and

9 ‘‘(3) looking to the 21st Century, the National

10 Center for Education Statistics must be able to design

11 and undertake, effectively and efficiently, statistical

12 activities that will aid in the reform of our Nation’s

13 educational systems.

14 ‘‘(b) PURPOSE.—It is the purpose of this part to ensure

15 the continuation of an effective mechanism for collecting

16 and reporting statistics and information showing the condi17 tion and progress of education in the United States and

18 other nations in order to promote and accelerate the im19 provement of American education.

20 ‘‘(c) D EFINITIONS.—For the purpose of this part, the

21 term—

22 ‘‘(1) ‘Assistant Secretary’ means the Assistant

23 Secretary for Educational Research and Improvement

24 provided for under section 202(b)(1)(E) of the De25 partment of Education Organization Act; and
1207

•S 1513 RS

1 ‘‘(2) ‘State’ and ‘United States’—

2 ‘‘(A) other than for the purpose of section

3 14011, mean each of the 50 States, the District

4 of Columbia, and the Commonwealth of Puerto

5 Rico; and

6 ‘‘(B) for the purpose of section 14011, in7 clude Guam, American Samoa, the Virgin Is8 lands, the Commonwealth of the Northern Mari9 ana Islands, the Republic of the Marshall Is10 lands, the Federated States of Micronesia, and

11 Palau.

12 ‘‘SEC. 14003. NATIONAL CENTER FOR EDUCATION STATIS13 TICS.

14 ‘‘(a) ESTABLISHMENT.—There is established, within

15 the Office of Educational Research and Improvement estab16 lished under section 209 of the Department of Education

17 Organization Act, a National Center for Education Statis18 tics (hereafter in this part referred to as the ‘Center’).

19 ‘‘(b) COMMISSIONER AND ASSOCIATE COMMIS20 SIONERS.—

21 ‘‘(1) C OMMISSIONER.—The Center shall be head22 ed by a Commissioner of Education Statistics (here23 after in this part referred to as the ‘Commissioner’)

24 who shall be appointed by the President, by and with

25 the advice and consent of the Senate, and who shall—
1208

•S 1513 RS

1 ‘‘(A) have substantial knowledge of pro2 grams encompassed by under the authority of the

3 Center;

4 ‘‘(B) be paid in accordance with section

5 5315 of title 5, United States Code; and

6 ‘‘(C) serve for a term of 4 years, with the

7 terms to expire every fourth June 21, beginning

8 in 1995.

9 ‘‘(2) ASSOCIATE COMMISSIONERS.—The Commis10 sioner may appoint such Associate Commissioners as

11 the Commissioner determines are necessary and ap12 propriate.

13 ‘‘SEC. 14004. DUTIES OF THE CENTER.

14 ‘‘(a) D UTIES.—The Center shall collect, analyze, and

15 disseminate statistics and other information related to edu16 cation in the United States and in other nations, includ17 ing—

18 ‘‘(1) acquiring, compiling (where appropriate,

19 on a State-by-State basis), and disseminating full

20 and complete statistics on the condition and progress

21 of education in the United States, including data

22 on—

23 ‘‘(A) State and local education reform;

24 ‘‘(B) student achievement and other edu25 cational outcomes, including data on secondary
1209

•S 1513 RS

1 school completions, dropouts, and adult literacy,

2 which education statistics and data, whenever

3 feasible, shall be collected, analyzed, cross-tab4 ulated and reported by sex, race or ethnicity,

5 and socioeconomic status;

6 ‘‘(C) educational access and opportunity,

7 including data on financial aid to postsecondary

8 students;

9 ‘‘(D) teaching, including data on curricu10 lum, instruction, the conditions of the education

11 workplace, and the supply of, and demand for,

12 teachers, which may include data on the propor13 tions of women and men cross-tabulated by race

14 or ethnicity, teaching in subjects in which such

15 individuals have been historically

16 underrepresented;

17 ‘‘(E) the learning environment, including

18 data on libraries and the incidence of crime, vio19 lence, and substance abuse;

20 ‘‘(F) the financing and management of edu21 cation, including data on revenues and expendi22 tures; and

23 ‘‘(G) the social and economic status of chil24 dren;
1210

•S 1513 RS

1 ‘‘(2) conducting and publishing reports and

2 analyses of the meaning and significance of such sta3 tistics;

4 ‘‘(3) conducting longitudinal studies, as well as

5 regular and special surveys and data collections, nec6 essary to report on the condition and progress of edu7 cation;

8 ‘‘(4) assisting public and private educational

9 agencies, organizations, and institutions in improv10 ing and automating their statistical and data collec11 tion activities; and

12 ‘‘(5) acquiring and disseminating data on edu13 cational activities and student achievement in the

14 United States compared with those in foreign nations.

15 ‘‘(b) SPECIAL RULE.—The Center shall ensure that

16 education statistics and data described in subsection (a)(1),

17 whenever feasible, are collected, analyzed, cross-tabulated

18 and reported by sex, race or ethnicity, and socioeconomic

19 status;

20 ‘‘(c) TRAINING PROGRAM.—The Commissioner may es21 tablish a program to train employees of public and private

22 educational agencies, organizations, and institutions in the

23 use of the Center’s standard statistical procedures and con24 cepts and may establish a fellows program to temporarily
1211

•S 1513 RS

1 appoint such employees as temporary fellows at the Center

2 in order to assist the Center in carrying out its duties.

3 ‘‘SEC. 14005. PERFORMANCE OF DUTIES.

4 ‘‘(a) IN GENERAL.—In carrying out the Commis5 sioner’s duties under this part, the Commissioner may enter

6 into grants, contracts, and cooperative agreements.

7 ‘‘(b) GATHERING INFORMATION.—

8 ‘‘(1) SAMPLING.—The Commissioner may use the

9 statistical method known as sampling to carry out the

10 purpose of this part.

11 ‘‘(2) SOURCE OF INFORMATION.—The Commis12 sioner may, as the Commissioner considers appro13 priate, use information collected—

14 ‘‘(A) from States, local educational agencies,

15 schools, institutions of higher education, librar16 ies, administrators, teachers, students, the gen17 eral public, and such other individuals, organi18 zations, agencies, and institutions as the Com19 missioner may consider appropriate; and

20 ‘‘(B) by other offices within the Department

21 and by other Federal departments, agencies, and

22 instrumentalities.

23 ‘‘(3) COLLECTION.—The Commissioner may—

24 ‘‘(A) enter into interagency agreements for

25 the collection of statistics;
1212

•S 1513 RS

1 ‘‘(B) arrange with any agency, organiza2 tion, or institution for the collection of statistics;

3 and

4 ‘‘(C) assign employees of the Center to any

5 such agency, organization, or institution to as6 sist in such collection.

7 ‘‘(4) TECHNICAL ASSISTANCE AND COORDINA8 TION.—In order to maximize the effectiveness of Fed9 eral efforts to serve the educational needs of children

10 and youth, the Commissioner shall—

11 ‘‘(A) provide technical assistance to Depart12 ment offices that gather data for statistical pur13 poses; and

14 ‘‘(B) coordinate closely with other Depart15 ment offices in the collection of data.

16 ‘‘SEC. 14006. REPORTS.

17 ‘‘(a) R EPORT ON THE CONDITION AND PROGRESS OF

18 EDUCATION.—The Commissioner shall, not later than June

19 1, 1995, and each succeeding June 1 thereafter, submit to

20 the President and the Congress a statistical report on the

21 condition and progress of education in the United States.

22 ‘‘(b) STATISTICAL REPORTS.—The Commissioner shall

23 issue regular statistical reports to the President and Con24 gress on such education topics as the Commissioner deter25 mines to be appropriate.
1213

•S 1513 RS

1 ‘‘(c) SPECIAL REPORTS.—The Commissioner may,

2 whenever the Commissioner considers it appropriate, issue

3 special reports on particular education topics.

4 ‘‘SEC. 14007. ADVISORY COUNCIL ON EDUCATION STATIS5 TICS.

6 ‘‘(a) ESTABLISHMENT.—There is established, within

7 the Center, an Advisory Council on Education Statistics

8 (hereafter in this Act referred to as the ‘Council’).

9 ‘‘(b) MEMBERSHIP.—

10 ‘‘(1) COMPOSITION.—The Council shall be com11 posed of—

12 ‘‘(A) 15 voting members who are users of

13 education data and who are appointed by the

14 Secretary on the basis of their experience and

15 eminence within the field of education statistics,

16 of whom at least—

17 ‘‘(i) three shall be educators;

18 ‘‘(ii) three shall be education policy19 makers;

20 ‘‘(iii) three shall be professional stat21 isticians; and

22 ‘‘(iv) three shall be education research23 ers;

24 ‘‘(B) the Director of the Bureau of the Cen25 sus and the Commissioner of the Bureau of
1214

•S 1513 RS

1 Labor Statistics, as voting, ex officio members;

2 and

3 ‘‘(C) the Assistant Secretary and the Com4 missioner, as nonvoting, ex officio members.

5 ‘‘(2) PRESIDING OFFICER.—The Secretary shall

6 appoint the presiding officer of the Council from

7 among the voting members of the Council.

8 ‘‘(3) TERMS.—Members of the Council appointed

9 under paragraph (1)(A) shall be appointed for 3-year

10 terms except that, in the case of initial appointments,

11 the Secretary shall make appointments for shorter

12 terms to the extent necessary to avoid the expiration

13 of the terms of more than 5 members in the same cal14 endar year.

15 ‘‘(4) MEETINGS.—

16 ‘‘(A) I N GENERAL.—The Council shall meet

17 at the call of the presiding officer, except that the

18 Council shall meet—

19 ‘‘(i) at least 2 times during each cal20 endar year; and

21 ‘‘(ii) in addition, whenever 8 voting

22 members request in writing that the presid23 ing officer call a meeting.

24 ‘‘(B) QUORUM.—Nine voting members of the

25 Council shall constitute a quorum.
1215

•S 1513 RS

1 ‘‘(5) SPECIAL RULE.—The Council shall review

2 general policies for the operation of the Center and

3 shall advise the Commissioner on standards to ensure

4 that statistics and other information disseminated by

5 the Center are of high quality and are not subject to

6 partisan political influence.

7 ‘‘SEC. 14008. CONFIDENTIALITY.

8 ‘‘(a) CONFIDENTIALITY STANDARDS.—

9 ‘‘(1) IN GENERAL.—The Center shall develop and

10 enforce standards designed to protect the confidential11 ity of persons in the collection, reporting, and publi12 cation of data under this section. This section shall

13 not be construed to protect the confidentiality of in14 formation about institutions, organizations, and

15 agencies that receive grants from, or have contracts or

16 cooperative agreements with, the Federal Government.

17 ‘‘(2) PROHIBITION.—No person may—

18 ‘‘(A) use any individually identifiable in19 formation furnished under this part for any pur20 pose other than a statistical purpose;

21 ‘‘(B) make any publication whereby the

22 data furnished by any particular person under

23 this part can be identified; or
1216

•S 1513 RS

1 ‘‘(C) permit anyone other than the individ2 uals authorized by the Commissioner to examine

3 the individual reports.

4 ‘‘(b) ADMINISTRATION.—

5 ‘‘(1) IN GENERAL.—No department, bureau,

6 agency, officer, or employee of the Federal Govern7 ment, except the Commissioner in carrying out the

8 purposes of this part, shall require, for any reason,

9 copies of reports that have been filed under this part

10 with the Center or retained by any individual re11 spondent. Copies of such reports that have been so

12 filed or retained with the Center or any of its employ13 ees, contractors, or agents shall be immune from legal

14 process, and shall not, without the consent of the indi15 vidual concerned, be admitted as evidence or used for

16 any purpose in any action, suit, or other judicial or

17 administrative proceeding. This paragraph shall

18 apply only to individually identifiable information

19 (as defined in paragraph (4)(A)).

20 ‘‘(2) EMPLOYEE OR STAFF VIOLATIONS.—Who21 ever, being or having been an employee or staff mem22 ber of the Department, having taken or subscribed the

23 oath of office, or having sworn to observe the limita24 tions imposed by subsection (a)(2), knowingly pub25 lishes or communicates any individually identifiable
1217

•S 1513 RS

1 information (as defined in paragraph (4)(A)), the

2 disclosure of which is prohibited by subsection (a)(2),

3 and that comes into such employee or staff’s posses4 sion by reason of employment (or otherwise providing

5 services) under this part, shall be found guilty of a

6 class E felony and imprisoned for not more than 5

7 years, or fined as specified in section 3571 of title 18,

8 United States Code, or both.

9 ‘‘(3) TEMPORARY STAFF.—The Commissioner

10 may utilize temporary staff, including employees of

11 Federal, State, or local agencies or instrumentalities

12 (including local educational agencies), and employees

13 of private organizations to assist the Center in per14 forming its responsibilities, but only if such tem15 porary staff are sworn to observe the limitations im16 posed by this section.

17 ‘‘(4) DEFINITIONS.—For the purposes of this sec18 tion—

19 ‘‘(A) the term ‘individually identifiable in20 formation’ means any record, response form,

21 completed survey, or aggregation thereof from

22 which information about particular individuals

23 may be revealed; and

24 ‘‘(B) the term ‘report’ means a response

25 provided by or about an individual to an in-
1218

•S 1513 RS

1 quiry from the Center and does not include a

2 statistical aggregation from which individually

3 identifiable information cannot be revealed.

4 ‘‘(5) VIOLATIONS.—Any person who uses any

5 data provided by the Center, in conjunction with any

6 other information or technique, to identify any indi7 vidual student, teacher, administrator, or other indi8 vidual and who knowingly discloses, publishes, or uses

9 such data for a purpose other than a statistical pur10 pose, or who otherwise violates subparagraph (A) or

11 (B) of subsection (a)(2), shall be found guilty of a

12 class E felony and imprisoned for not more than 5

13 years, or fined as specified in section 3571 of title 18,

14 United States Code, or both.

15 ‘‘(6) A CCESS TO REPORTS OR RECORDS.—Noth16 ing in this section shall restrict the right of the Sec17 retary, the Comptroller General of the United States,

18 the Director of the Congressional Budget Office, and

19 the Librarian of Congress to gain access to any re20 ports or other records, including information identify21 ing individuals, in the Center’s possession, except that

22 the same restrictions on disclosure that apply under

23 paragraphs (1) and (5) of subsection (b) shall apply

24 to such individuals.
1219

•S 1513 RS

1 ‘‘SEC. 14009. DISSEMINATION.

2 ‘‘(a) GENERAL REQUESTS.—

3 ‘‘(1) IN GENERAL.—The Center may furnish

4 transcripts or copies of tables and other statistical

5 records and make special statistical compilations and

6 surveys for State and local officials, public and pri7 vate organizations, and individuals.

8 ‘‘(2) COMPILATIONS.—The Center shall provide

9 State and local educational agencies opportunities to

10 suggest the development of particular compilations of

11 statistics, surveys, and analyses that would assist

12 those educational agencies.

13 ‘‘(b) CONGRESSIONAL REQUESTS.—The Center shall

14 furnish such special statistical compilations and surveys as

15 the Congress may request.

16 ‘‘(c) JOINT STATISTICAL PROJECTS.—The Secretary

17 may engage in joint statistical projects related to the pur18 poses of this part, or other statistical purposes authorized

19 by law, with nonprofit organizations or agencies, and the

20 cost of such projects shall be shared equitably as determined

21 by the Secretary.

22 ‘‘(d) FEES.—

23 ‘‘(1) I N GENERAL.—Statistical compilations and

24 surveys under this section, other than those carried

25 out pursuant to subsections (b) and (c), may be made
1220

•S 1513 RS

1 subject to the payment of the actual or estimated cost

2 of such work.

3 ‘‘(2) FUNDS RECEIVED.—All funds received in

4 payment for work or services described in this sub5 section may be used for the fiscal year for which such

6 funds are received to pay directly the costs of such

7 work or services, to repay appropriations that ini8 tially bore all or part of such costs, or to refund excess

9 sums when necessary.

10 ‘‘(e) ACCESS.—

11 ‘‘(1) OTHER FEDERAL AGENCIES.—The Center

12 shall, consistent with section 14008, participate with

13 other Federal agencies having a need for educational

14 data in providing access to educational data received

15 by the Center.

16 ‘‘(2) INTERESTED PARTIES.—The Center shall,

17 in accordance with such terms and conditions as the

18 Secretary may prescribe, provide all interested par19 ties, including public and private agencies and indi20 viduals, direct access to data collected by the Center

21 for the purposes of research and acquiring statistical

22 information.
1221

•S 1513 RS

1 ‘‘SEC. 14010. COOPERATIVE EDUCATION STATISTICS SYS2 TEMS.

3 ‘‘(a) I N GENERAL.—The Commissioner may establish

4 one or more national cooperative education statistics sys5 tems for the purpose of producing and maintaining, with

6 the cooperation of the States, comparable and uniform in7 formation and data on elementary and secondary edu8 cation, postsecondary education, and libraries, that are use9 ful for policymaking at the Federal, State, and local levels.

10 In carrying out this section, the Commissioner may provide

11 technical assistance, and make grants and enter into con12 tracts and cooperative agreements.

13 ‘‘(b) MODEL DATA SYSTEM.—

14 ‘‘(1) STUDY; DESIGN; PILOT.—The Commis15 sioner, working through the cooperative education sta16 tistics system, shall study, design, and pilot a model

17 data system that will yield information about spend18 ing for administration at the school and local edu19 cational agency levels.

20 ‘‘(2) STUDY AND REPORT.—Upon the date of

21 completion of the pilot model data system described in

22 paragraph (1), the Secretary shall study the informa23 tion obtained through the use of such data system and

24 other relevant information, as well as any other data

25 systems which are in use on such date that account

26 for administrative expenses at the school and local
1222

•S 1513 RS

1 educational agency level, and shall report to the Con2 gress not later than six months after such date re3 garding—

4 ‘‘(A) the potential for the reduction of ad5 ministrative expenses at the school and local edu6 cational agency levels;

7 ‘‘(B) the potential usefulness of such data

8 system to reduce such administrative expenses;

9 ‘‘(C) any other methods which may be em10 ployed by schools, local educational agencies or

11 State educational agencies to reduce administra12 tive expenses and maximize the use of funds for

13 functions directly affecting student learning; and

14 ‘‘(D) if appropriate, steps which may be

15 taken to assist schools, local educational agencies

16 and State educational agencies to account for

17 and reduce administrative expenses.

18 ‘‘SEC. 14011. NATIONAL ASSESSMENT OF EDUCATIONAL

19 PROGRESS.

20 ‘‘(a) ESTABLISHMENT.—The Commissioner shall, with

21 the advice of the National Assessment Governing Board es22 tablished by section 14012, carry out, through grants, con23 tracts, or cooperative agreements with one or more qualified

24 organizations, or consortia thereof, a National Assessment
1223

•S 1513 RS

1 of Educational Progress (hereafter in this part referred to

2 as the ‘National Assessment’).

3 ‘‘(b) PURPOSE; STATE ASSESSMENTS.—

4 ‘‘(1) PURPOSE.—The purpose of the National As5 sessment is to provide a fair and accurate presen6 tation of educational achievement in reading, writing,

7 and the other subjects included in the third National

8 Education Goal, regarding student achievement and

9 citizenship. The Commissioner, in carrying out the

10 National Assessment, shall use sampling techniques

11 that produce data that are representative on a na12 tional and regional basis and on a State basis pursu13 ant to paragraph (2). In addition, the Commissioner

14 shall—

15 ‘‘(A) collect and report data on a periodic

16 basis, but at least once every 2 years, on students

17 at ages 9, 13, and 17 and in grades 4, 8, and

18 12;

19 ‘‘(B) report achievement data on a basis

20 that ensures valid and reliable trend reporting;

21 ‘‘(C) include, whenever feasible, information

22 collected, cross-tabulated, analyzed, and reported

23 by sex, race or ethnicity and socioeconomic sta24 tus;
1224

•S 1513 RS

1 ‘‘(D) collect and report data on students re2 ceiving services under part A of title I; and

3 ‘‘(E) ensure that achievement data are

4 made available on a timely basis following offi5 cial reporting, in a manner that facilitates fur6 ther analysis.

7 ‘‘(2) STATE ASSESSMENTS.—

8 ‘‘(A) IN GENERAL.—The Commissioner, in

9 carrying out the National Assessment, may con10 duct State assessments of student achievement in

11 grades 4, 8, and 12.

12 ‘‘(B) STATE PARTICIPATION.—States wish13 ing to participate in State assessments shall

14 enter into an agreement with the Secretary pur15 suant to subsection (d)(2). Such agreement shall

16 contain information sufficient to give States full

17 information about the process for consensus deci18 sionmaking on objectives to be tested, required in

19 section 14012(e)(5), and of the standards for

20 sampling, test administration, test security, data

21 collection, validation, and reporting.

22 ‘‘(C) S TATE REVIEW AND RELEASE OF RE23 SULTS.—A participating State shall review and

24 give permission for the release of results from

25 any test of its students administered as a part
1225

•S 1513 RS

1 of a State assessment prior to the release of such

2 data. Refusal by a State to release its data shall

3 not restrict the release of data from other States

4 that have approved the release of such data.

5 ‘‘(3) PROHIBITED DATA.—In carrying out the

6 National Assessment, the Commissioner shall not col7 lect any data that are not directly related to the ap8 praisal of educational performance, achievement, and

9 traditional demographic reporting variables, or to the

10 fair and accurate presentation of such information.

11 ‘‘(4) TECHNICAL ASSISTANCE.—In carrying out

12 the National Assessment, the Commissioner may pro13 vide technical assistance to States, localities, and

14 other parties.

15 ‘‘(c) ACCESS.—

16 ‘‘(1) PUBLIC ACCESS.—Except as provided in

17 paragraph (2), the public shall have access to all

18 data, questions, and test instruments of the National

19 Assessment.

20 ‘‘(2) PERSONALLY IDENTIFIABLE INFORMA21 TION.—

22 ‘‘(A) IN GENERAL.—The Commissioner shall

23 ensure that all personally identifiable informa24 tion about students, their educational perform25 ance, and their families, and that information
1226

•S 1513 RS

1 with respect to individual schools, remains con2 fidential, in accordance with section 552a of title

3 5, United States Code.

4 ‘‘(B) SPECIAL RULE.—Notwithstanding any

5 other provision of law, the Secretary may decline

6 to make available to the public for a period, not

7 to exceed 10 years following their initial use,

8 cognitive questions that the Secretary intends to

9 reuse in the future.

10 ‘‘(C) TEST INSTRUMENTS.—The Secretary

11 may, upon the request of a State educational

12 agency or a local educational agency, make Na13 tional Assessment test instruments available for

14 assessing aggregate student achievement at the

15 school or school district level. Before receiving

16 such instruments, an agency shall provide assur17 ances, satisfactory to the Secretary, that security

18 requirements and testing protocols, prescribed by

19 the Commissioner, will be complied with in the

20 use of such instruments.

21 ‘‘(d) PARTICIPATION.—

22 ‘‘(1) NATIONAL AND REGIONAL.—Participation

23 in the national and regional assessments by State

24 and local educational agencies shall be voluntary.
1227

•S 1513 RS

1 ‘‘(2) STATE.—Participation in assessments made

2 on a State basis shall be voluntary. The Secretary

3 shall enter into an agreement with any State that de4 sires to carry out an assessment for the State under

5 this subsection. Each such agreement shall contain

6 provisions designed to ensure that the State will—

7 ‘‘(A) participate in the assessment; and

8 ‘‘(B) pay from non-Federal sources the non9 Federal share of participation.

10 ‘‘(3) NON-FEDERAL SHARE.—

11 ‘‘(A) IN GENERAL.—For each fiscal year,

12 the non-Federal share for the purpose of para13 graph (2)(B) shall be—

14 ‘‘(i) the cost of conducting the assess15 ment at the school level for all public schools

16 in the State sample;

17 ‘‘(ii) the cost of coordination within

18 the State; and

19 ‘‘(iii) other reasonable costs specified

20 by the Secretary in the agreement described

21 in paragraph (2).

22 ‘‘(B) SPECIAL RULE.—The non-Federal

23 share of payments under this paragraph may be

24 in cash or in kind, fairly valued.
1228

•S 1513 RS

1 ‘‘(C) ADMINISTRATIVE COSTS.—The agree2 ment described in paragraph (2) shall describe

3 the manner in which the costs of administering

4 the assessment to private nonprofit schools in5 cluded in the State sample may be met.

6 ‘‘(e) REVIEW OF NATIONAL AND STATE ASSESS7 MENTS.—The Secretary shall provide for continuing re8 views of both national and State assessments, including

9 evaluation studies by the Center and solicitation of public

10 comment on the conduct and usefulness of the National As11 sessment. The Secretary shall report to the Congress, the

12 President, and the Nation on the findings and recommenda13 tions of such reviews. The Commissioner shall consider the

14 findings and recommendations in designing the competition

15 to select the organization, or organizations, through which

16 the Office carries out the National Assessment.

17 ‘‘(f) COVERAGE AGREEMENTS.—

18 ‘‘(1) D EPARTMENT OF DEFENSE SCHOOLS.—The

19 Secretary and the Secretary of Defense may enter into

20 an agreement, including such terms as are mutually

21 satisfactory, to include in the National Assessment el22 ementary and secondary schools operated by the De23 partment of Defense.

24 ‘‘(2) BUREAU OF INDIAN AFFAIRS SCHOOLS.—

25 The Secretary and the Secretary of the Interior may
1229

•S 1513 RS

1 enter into an agreement, including such terms as are

2 mutually satisfactory, to include in the National As3 sessment schools for Indian children operated or sup4 ported by the Bureau of Indian Affairs.

5 ‘‘SEC. 14012. NATIONAL ASSESSMENT GOVERNING BOARD.

6 ‘‘(a) ESTABLISHMENT.—There is established the Na7 tional Assessment Governing Board (hereafter in this part

8 referred to as the ‘Board’), which shall formulate policy

9 guidelines for the National Assessment.

10 ‘‘(b) MEMBERSHIP.—

11 ‘‘(1) APPOINTMENT AND COMPOSITION.—The

12 Board shall be appointed by the Secretary and be

13 composed of—

14 ‘‘(A) two Governors, or former Governors,

15 who shall not be members of the same political

16 party;

17 ‘‘(B) two State legislators, who shall not be

18 members of the same political party;

19 ‘‘(C) two chief State school officers;

20 ‘‘(D) one superintendent of a local edu21 cational agency;

22 ‘‘(E) one member of a State board of edu23 cation;

24 ‘‘(F) one member of a local board of edu25 cation;
1230

•S 1513 RS

1 ‘‘(G) three classroom teachers representing

2 the grade levels at which the National Assessment

3 is conducted;

4 ‘‘(H) one representative of business or in5 dustry;

6 ‘‘(I) two curriculum specialists;

7 ‘‘(J) three testing and measurement experts,

8 who shall have training and experience in the

9 field of testing and measurement;

10 ‘‘(K) one nonpublic school administrator or

11 policymaker;

12 ‘‘(L) two school principals, of whom one

13 shall be an elementary school principal and one

14 shall be a secondary school principal; and

15 ‘‘(M) four additional members who are rep16 resentatives of the general public, including par17 ents.

18 ‘‘(2) ASSISTANT SECRETARY FOR EDUCATIONAL

19 RESEARCH.—The Assistant Secretary for Educational

20 Research and Improvement shall serve as an ex

21 officio, nonvoting member of the Board.

22 ‘‘(3) SPECIAL RULE.—The Secretary and the

23 Board shall ensure at all times that the membership

24 of the Board reflects regional, racial, gender, and cul25 tural balance and diversity and that the Board exer-
1231

•S 1513 RS

1 cises its independent judgment, free from inappropri2 ate influences and special interests.

3 ‘‘(c) TERMS.—Members of the Board shall serve for

4 terms not to exceed 4 years which shall be staggered, as de5 termined by the Secretary. Any appointed member of the

6 Board who changes status under subsection (b) during the

7 term of the appointment of the member may continue to

8 serve as a member until the expiration of such term.

9 ‘‘(d) VACANCIES.—As vacancies occur, new members of

10 the Board shall be appointed by the Secretary from among

11 individuals who are nominated by the Board after consulta12 tion with representatives of the groups listed in subsection

13 (b)(1). For each vacancy, the Board shall nominate at least

14 3 individuals who, by reason of experience or training, are

15 qualified in that particular Board vacancy.

16 ‘‘(e) DUTIES.—

17 ‘‘(1) IN GENERAL.—In carrying out its functions

18 under this section the Board shall—

19 ‘‘(A) select subject areas to be assessed (con20 sistent with section 14011(b)(1));

21 ‘‘(B) identify appropriate achievement goals

22 for each age and grade in each subject area to

23 be tested under the National Assessment;

24 ‘‘(C) develop assessment objectives;

25 ‘‘(D) develop test specifications;
1232

•S 1513 RS

1 ‘‘(E) design the methodology of the assess2 ment;

3 ‘‘(F) develop guidelines for analysis plans

4 and for reporting and disseminating results;

5 ‘‘(G) develop standards and procedures for

6 interstate, regional, and national comparisons;

7 and

8 ‘‘(H) take appropriate actions needed to im9 prove the form and use of the National Assess10 ment.

11 ‘‘(2) DELEGATION.—The Board may delegate

12 any of the Board’s procedural and administrative

13 functions to its staff.

14 ‘‘(3) COGNITIVE ITEMS.—The Board shall have

15 final authority on the appropriateness of cognitive

16 items.

17 ‘‘(4) BIAS.—The Board shall take steps to ensure

18 that all items selected for use in the National Assess19 ment are free from racial, cultural, gender, or re20 gional bias.

21 ‘‘(5) GOALS STATEMENTS.—Each learning area

22 assessment shall have goal statements devised through

23 a national consensus approach, providing for active

24 participation of teachers, curriculum specialists, local
1233

•S 1513 RS

1 school administrators, parents, and concerned mem2 bers of the general public.

3 ‘‘(f) PERSONNEL.—

4 ‘‘(1) I N GENERAL.—In the exercise of its respon5 sibilities, the Board shall be independent of the Sec6 retary and the other offices and officers of the

7 Department.

8 ‘‘(2) STAFF.—The Secretary may appoint, at the

9 direction of the Board, such staff as the Board re10 quires. Such appointments may include, for terms not

11 to exceed 3 years, without regard to the provisions of

12 title 5, United States Code, governing appointments

13 in the competitive service, not more than 6 technical

14 employees to administer this subsection, who may be

15 paid without regard to the provisions of chapter 51

16 and subchapter III of chapter 53 of such title relating

17 to classification and General Schedule pay rates.

18 ‘‘(g) COMMISSIONER REPORTS.—The Commissioner

19 shall report to the Board at regular intervals on the Depart20 ment’s actions to implement the decisions of the Board.

21 ‘‘(h) ADMINISTRATION.—

22 ‘‘(1) LIMITATION.—Not to exceed 10 percent of

23 the funds available for the National Assessment for

24 any fiscal year may be used for administrative ex25 penses (including staff, consultants, and contracts)
1234

•S 1513 RS

1 and to carry out the Board’s duties described in sub2 section (e).

3 ‘‘(2) A PPLICABILITY OF THE FEDERAL ADVISORY

4 COMMITTEE ACT.—For the purposes of its administra5 tive functions, the Board shall have the authorities

6 authorized by the Federal Advisory Committee Act

7 and shall be subject to the open meeting provisions of

8 that law.

9 ‘‘SEC. 14013. AUTHORIZATION OF APPROPRIATIONS.

10 ‘‘There are authorized to be appropriated $100,000,000

11 for fiscal year 1995, and such sums as may be necessary

12 for each of the 4 succeeding fiscal years, to carry out this

13 title.

14 ‘‘TITLE XV—EDUCATION

15 INFRASTRUCTURE

16 ‘‘SEC. 15001. SHORT TITLE.

17 ‘‘This title may be cited as the ‘Education Infrastruc18 ture Act of 1994’.

19 ‘‘SEC. 15002. FINDINGS.

20 ‘‘The Congress finds that—

21 ‘‘(1) improving the quality of public elementary

22 and secondary school libraries, media centers, and fa23 cilities will help our Nation meet the National Edu24 cation Goals;
1235

•S 1513 RS

1 ‘‘(2) Federal, State, and local funding for the re2 pair, renovation, alteration and construction of pub3 lic elementary and secondary school libraries, media

4 centers, and facilities has not adequately reflected

5 need; and

6 ‘‘(3) the challenges facing our Nation’s public el7 ementary and secondary schools require the concerted

8 and collaborative efforts of all levels of government

9 and all sectors of the community.

10 ‘‘SEC. 15003. PURPOSE.

11 ‘‘It is the purpose of this title to help our Nation meet

12 the National Education Goals through the repair, renova13 tion, alteration and construction of public elementary and

14 secondary school libraries, media centers, and facilities,

15 used for academic or vocational instruction.

16 ‘‘SEC. 15004. DEFINITIONS.

17 ‘‘For purposes of this title—

18 ‘‘(1) the term ‘alteration’ refers to any change to

19 an existing property for use for a different purpose or

20 function;

21 ‘‘(2) the term ‘construction’ refers to the erection

22 of a building, structure, or facility, including the con23 current installation of equipment, site preparation,

24 associated roads, parking, and utilities, which pro-
1236

•S 1513 RS

1 vides area or cubage not previously available, includ2 ing—

3 ‘‘(A) freestanding structures, additional

4 wings, or floors, enclosed courtyards or

5 entryways, and any other means to provide usa6 ble program space that did not previously exist;

7 and

8 ‘‘(B) the complete replacement of an exist9 ing facility;

10 ‘‘(3) the term ‘eligible local educational agency’

11 means a local educational agency which demonstrates

12 in the application submitted under section 15006 that

13 such agency—

14 ‘‘(A) has urgent repair, renovation, alter15 ation and construction needs for its public ele16 mentary or secondary school libraries, media

17 centers, and facilities, used for academic or voca18 tional instruction; and

19 ‘‘(B) serves large numbers or percentages of

20 disadvantaged students;

21 ‘‘(4) the term ‘renovation’ refers to any change

22 to an existing property to allow its more efficient use

23 within such property’s designated purpose;

24 ‘‘(5) the term ‘repair’ refers to the restoration of

25 a failed or failing real property facility, component,
1237

•S 1513 RS

1 or a building system to such a condition that such fa2 cility, component, or system may be used effectively

3 for its designated purpose, if, due to the nature or ex4 tent of the deterioration or damage to such facility,

5 component, or system, such deterioration or damage

6 cannot be corrected through normal maintenance;

7 ‘‘(6) the term ‘rural eligible local educational

8 agency’ means an eligible local educational agency—

9 ‘‘(A)(i) in which at least 15 percent of the

10 children enrolled in the schools served by such

11 agency are eligible to be counted under section

12 1123(c); and

13 ‘‘(ii) which is not in a metropolitan statis14 tical area; or

15 ‘‘(B) in which the total enrollment in the

16 schools served by such agency is less than 2,500

17 students and that does not serve schools located

18 in a metropolitan statistical area; and

19 ‘‘(7) the term ‘urban eligible local educational

20 agency’ means an eligible local educational agency

21 which—

22 ‘‘(i) serves the largest central city in a

23 State;
1238

•S 1513 RS

1 ‘‘(ii) enrolls more than 30,000 students and

2 serves a central city with a population of at least

3 200,000 in a metropolitan statistical area; or

4 ‘‘(iii) enrolls between 25,000 and 30,000

5 students and serves a central city with a popu6 lation of at least 140,000 in a metropolitan sta7 tistical area.

8 ‘‘SEC. 15005. IMPROVEMENT OF PUBLIC ELEMENTARY AND

9 SECONDARY EDUCATION FACILITIES PRO10 GRAM AUTHORIZED.

11 ‘‘(a) PROGRAM AUTHORITY.—From amounts appro12 priated pursuant to the authority of subsection (b) in any

13 fiscal year, the Secretary shall award grants to eligible local

14 educational agencies having applications approved under

15 section 15006 to carry out the authorized activities de16 scribed in section 15007.

17 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There

18 are authorized to be appropriated $400,000,000 for fiscal

19 year 1995, and such sums as may be necessary for each

20 of the 4 succeeding fiscal years, to carry out this title.

21 ‘‘SEC. 15006. APPLICATIONS.

22 ‘‘Each eligible local educational agency desiring to re23 ceive a grant under this title shall submit an application

24 to the Secretary. Each such application shall—
1239

•S 1513 RS

1 ‘‘(1) contain an assurance that such application

2 was developed in consultation with parents and class3 room teachers; and

4 ‘‘(2) include—

5 ‘‘(A) a description of each architectural,

6 civil, structural, mechanical, electrical, or tele7 phone line, deficiency to be corrected with funds

8 provided under this title, including the priority

9 for the repair of the deficiency;

10 ‘‘(B) a description of the criteria used by

11 the applicant to determine the type of corrective

12 action necessary to meet the purposes of this

13 part;

14 ‘‘(C) a description of the corrective action to

15 be supported with funds provided under this

16 title;

17 ‘‘(D) a cost estimate of the proposed correc18 tive action;

19 ‘‘(E) an identification of the total amount

20 and percentage of such agency’s budget used in

21 the preceding fiscal year for the maintenance, re22 pair, renovation, alteration, and construction of

23 public elementary and secondary school libraries,

24 media centers, and facilities;
1240

•S 1513 RS

1 ‘‘(F) a description of how such agency plans

2 to maintain the repair, renovation, alteration, or

3 construction supported with funds provided

4 under this title;

5 ‘‘(G) a description of how activities sup6 ported with funds provided under this title will

7 promote energy conservation;

8 ‘‘(H) a description of the extent to which

9 the repair, renovation, alteration, or construc10 tion will help the Secretary meet the goals de11 scribed in section 15010(1)(A); and

12 ‘‘(I) such other information as the Secretary

13 may reasonably require.

14 ‘‘SEC. 15007. CRITERIA FOR AWARDING GRANTS.

15 ‘‘(a) IN GENERAL.—The Secretary shall award grants

16 under this title on the basis of the extent to which—

17 ‘‘(1) the grant is needed to address conditions

18 that compromise learning, health or safety; and

19 ‘‘(2) the eligible local educational agency lacks

20 the fiscal capacity, including the ability to raise

21 funds, to undertake the project without Federal assist22 ance.

23 ‘‘(b) SPECIAL RULE.—The Secretary shall only award

24 grants under this title if the Secretary determines that suffi25 cient funds will be provided under this title or from other
1241

•S 1513 RS

1 sources, including the issuance of bonds, to carry out the

2 activities for which assistance is sought.

3 ‘‘(c) EQUITABLE DISTRIBUTION.—To the extent fea4 sible, in awarding grants under this title the Secretary shall

5 ensure that there is an equitable distribution of such grants

6 among urban eligible local educational agencies and rural

7 eligible local educational agencies.

8 ‘‘SEC. 15008. AUTHORIZED ACTIVITIES.

9 ‘‘Each eligible local educational agency receiving a

10 grant under this title shall use such grant funds to help

11 our Nation meet the National Education Goals through the

12 repair, renovation, alteration, and construction of a public

13 elementary or secondary school library, media center, or fa14 cility, used for academic or vocational instruction, includ15 ing—

16 ‘‘(1) inspection of such library, center, or facil17 ity;

18 ‘‘(2) repairing such library, center, or facility

19 that poses a health or safety risk to students;

20 ‘‘(3) upgrading of and alteration to such library,

21 center, or facility in order to accommodate new in22 structional technology;

23 ‘‘(4) meeting the requirements of section 504 of

24 the Rehabilitation Act of 1973 and the Americans

25 with Disabilities Act of 1990;
1242

•S 1513 RS

1 ‘‘(5) removal or containment of severely hazard2 ous material such as asbestos, lead, and radon using

3 a cost-effective method;

4 ‘‘(6) meeting Federal, State, or local codes relat5 ed to fire, air, light, noise, waste disposal, building

6 height, or other codes passed since the initial con7 struction of such library, center, or facility; and

8 ‘‘(7) replacing an old such library, center, or fa9 cility that is most cost-effectively torn down rather

10 than renovated.

11 ‘‘SEC. 15009. REQUIREMENTS.

12 ‘‘(a) SPECIAL RULES.—

13 ‘‘(1) MAINTENANCE OF EFFORT.—An eligible

14 local educational agency may receive a grant under

15 this title for any fiscal year only if the Secretary

16 finds that either the combined fiscal effort per student

17 or the aggregate expenditures of that agency and the

18 State with respect to the provision of free public edu19 cation by such local educational agency for the pre20 ceding fiscal year was not less than 90 percent of such

21 combined fiscal effort or aggregate expenditures for

22 the fiscal year for which the determination is made.

23 ‘‘(2) SUPPLEMENT NOT SUPPLANT.—An eligible

24 local educational agency shall use funds received

25 under this title only to supplement the amount of
1243

•S 1513 RS

1 funds that would, in the absence of such Federal

2 funds, be made available from non-Federal sources for

3 the repair and construction of school facilities used

4 for educational purposes, and not to supplant such

5 funds.

6 ‘‘(b) GENERAL LIMITATIONS.—

7 ‘‘(1) REAL PROPERTY.—No part of any grant

8 funds under this title shall be used for the acquisition

9 of any interest in real property.

10 ‘‘(2) M AINTENANCE.—Nothing in this title shall

11 be construed to authorize the payment of maintenance

12 costs in connection with any projects constructed in

13 whole or in part with Federal funds provided under

14 this title.

15 ‘‘(3) ENVIRONMENTAL SAFEGUARDS.—All

16 projects carried out with Federal funds provided

17 under this title shall comply with all relevant Fed18 eral, State, and local environmental laws and regula19 tions.

20 ‘‘(4) A PPLICABILITY OF LAWS REGARDING INDI21 VIDUALS WITH DISABILITIES.—Sections 504 and 505

22 of the Rehabilitation Act of 1973 and the Americans

23 with Disabilities Act of 1990 shall apply to projects

24 carried out with Federal funds provided under this

25 title.
1244

•S 1513 RS

1 ‘‘SEC. 15010. FAIR WAGES.

2 ‘‘All laborers and mechanics employed by contractors

3 or subcontractors in the performance of any contract and

4 subcontract for the repair, renovation, alteration, or con5 struction, including painting and decorating, of any build6 ing or work that is financed in whole or in part by a grant

7 under this title, shall be paid wages not less than those de8 termined by the Secretary of Labor in accordance with the

9 Act of March 3, 1931 (commonly known as the Davis-Bacon

10 Act); as amended (40 U.S.C. 276a–276a–5). The Secretary

11 of Labor shall have the authority and functions set forth

12 in reorganization plan of No. 14 of 1950 (15 FR 3176; 64

13 Stat. 1267) and section 2 of the Act of June 1, 1934 (com14 monly known as the Copeland Anti-Kickback Act) as

15 amended (40 U.S.C. 276c, 48 Stat. 948).

16 ‘‘SEC. 15011. FEDERAL ASSESSMENT.

17 ‘‘The Secretary shall reserve not more than 1 percent

18 of funds appropriated pursuant to the authority of section

19 15005(b)—

20 ‘‘(1) to collect such data as the Secretary deter21 mines necessary at the school, local, and State levels;

22 and

23 ‘‘(2) to conduct studies and evaluations, includ24 ing national studies and evaluations, in order to—

25 ‘‘(A) monitor the progress of projects sup26 ported with funds provided under this title; and
1245

•S 1513 RS

1 ‘‘(B) evaluate the state of American public

2 elementary and secondary school libraries, media

3 centers, and facilities; and

4 ‘‘(3) to report to the Congress by July 1, 1997,

5 regarding the findings of the studies and evaluations

6 described in paragraph (2).

7 ‘‘TITLE XVI—URBAN AND RURAL

8 EDUCATION

9 ‘‘SEC. 16001. DEFINITIONS.

10 ‘‘Except as otherwise provided, for the purposes of this

11 title:

12 ‘‘(1) CENTRAL CITY.—The term ‘central city’ has

13 the same meaning used by the Bureau of the Census.

14 ‘‘(2) COMMUNITY-BASED ORGANIZATION.—The

15 term ‘community-based organization’ means a private

16 nonprofit organization that is representative of a

17 community or significant segments of a community

18 and which has a proven record of providing effective

19 educational or related services to individuals in the

20 community.

21 ‘‘(3) COMMUNITY AS SCHOOL CONCEPT.—The

22 term ‘community as school concept’ means the mutual

23 sharing of the local public school’s and the local com24 munity’s human, financial, technical, and environ25 mental resources to help meet each others needs;
1246

•S 1513 RS

1 ‘‘(4) METROPOLITAN STATISTICAL AREA.—The

2 term ‘metropolitan statistical area’ has the same

3 meaning used by the Bureau of the Census.

4 ‘‘(5) P OVERTY LEVEL.—The term ‘poverty level’

5 means the criteria of poverty used by the Bureau of

6 the Census in compiling the most recent decennial

7 census for a family of 4 in such form as those criteria

8 have been updated by increases in the Consumer Price

9 Index for All Urban Consumers.

10 ‘‘(6) RURAL ELIGIBLE LOCAL EDUCATIONAL

11 AGENCY.—The term ‘rural eligible local educational

12 agency’ means a local educational agency—

13 ‘‘(A)(i) in which at least 15 percent of the

14 children enrolled in the schools served by such

15 agency are eligible to be counted under section

16 1123(c); and

17 ‘‘(ii) which is not in a metropolitan statis18 tical area; or

19 ‘‘(B) in which the total enrollment in the

20 schools served by such agency is less than 2,500

21 students and that does not serve schools located

22 in a metropolitan statistical area.

23 ‘‘(7) STATE.—The term ‘State’ means each of the

24 several States and the District of Columbia, but does

25 not include Guam, American Samoa, the Common-
1247

•S 1513 RS

1 wealth of Puerto Rico, the United States Virgin Is2 lands, the Commonwealth of the Northern Mariana

3 Islands, the Republic of the Marshall Islands, the Fed4 erated States of Micronesia, and Palau.

5 ‘‘(8) URBAN ELIGIBLE LOCAL EDUCATIONAL

6 AGENCY.—The term ‘urban eligible local educational

7 agency’ means a local educational agency that—

8 ‘‘(A) serves the largest central city in a

9 State;

10 ‘‘(B) enrolls more than 30,000 students and

11 serves a central city with a population of at least

12 200,000 in a metropolitan statistical area; or

13 ‘‘(C) enrolls between 25,000 and 30,000 stu14 dents and serves a central city with a population

15 of at least 140,000 in a metropolitan statistical

16 area.

17 ‘‘PART A—URBAN SCHOOLS

18 ‘‘SEC. 16101. SHORT TITLE.

19 ‘‘This part may be cited as the ‘Urban Schools of

20 America (USA) Act of 1994’.

21 ‘‘SEC. 16102. FINDINGS.

22 ‘‘The Congress finds that—

23 ‘‘(1) the ability of the Nation’s major urban pub24 lic school systems to meet the Nation’s educational

25 goals will determine the country’s economic competi-
1248

•S 1513 RS

1 tiveness and academic standing in the world commu2 nity;

3 ‘‘(2) the quality of public education in the Na4 tion’s major urban areas has a direct effect on the

5 economic development of the Nation’s inner cities;

6 ‘‘(3) the success of urban public schools in boost7 ing the achievement of its minority youth attending

8 such schools will determine the ability of the Nation

9 to close the gap between the ‘haves and the have-nots’

10 in society;

11 ‘‘(4) the cost to America’s businesses to provide

12 remedial education to secondary school graduates is

13 approximately $30,000,000,000 per year;

14 ‘‘(5) urban public schools enroll a disproportion15 ately large share of the Nation’s poor and at-risk

16 youth;

17 ‘‘(6) urban public schools enroll approximately

18 one-third of the Nation’s poor, 40 percent of the Na19 tion’s African-American children, and 30 percent of

20 the Nation’s Hispanic youth;

21 ‘‘(7) nearly 20 percent of the Nation’s limited22 English proficient children and 15 percent of the Na23 tion’s disabled youth are enrolled in urban public

24 schools;
1249

•S 1513 RS

1 ‘‘(8) the academic performance of students in the

2 average inner-city public school system is below that

3 of students in most other kinds of school systems;

4 ‘‘(9) urban public school systems have higher

5 dropout rates, more problems with health care, and

6 less parental participation than other kinds of school

7 systems;

8 ‘‘(10) urban preschoolers have one-half the access

9 to early childhood development programs as do other

10 children;

11 ‘‘(11) shortages of teachers in urban public school

12 systems are 2.5 times greater than such shortages in

13 other kinds of school systems;

14 ‘‘(12) declining numbers of urban minority sec15 ondary school graduates are pursuing postsecondary

16 educational opportunities;

17 ‘‘(13) urban public school systems have greater

18 problems with teenage pregnancy, discipline, drug

19 abuse, and gangs than do other kinds of school sys20 tems;

21 ‘‘(14) 75 percent of urban public school buildings

22 are over 25 years old, 33 percent of such buildings are

23 over 50 years old, and such buildings are often in se24 rious disrepair and create poor and demoralizing

25 working and learning conditions;
1250

•S 1513 RS

1 ‘‘(15) solving the challenges facing our Nation’s

2 urban schools will require the concerted and collabo3 rative efforts of all levels of government and all sectors

4 of the community;

5 ‘‘(16) Federal and State funding of urban public

6 schools has not adequately reflected need; and

7 ‘‘(17) Federal funding that is well-targeted, flexi8 ble, and accountable would contribute significantly to

9 addressing the comprehensive needs of inner-city pub10 lic schools.

11 ‘‘SEC. 16103. PURPOSE.

12 ‘‘It is the purpose of this part to provide financial as13 sistance to—

14 ‘‘(1) assist urban public schools in meeting Na15 tional Education Goals;

16 ‘‘(2) improve the educational and social well17 being of urban public school children;

18 ‘‘(3) close the achievement gap between urban

19 and nonurban public school children, while improving

20 the achievement level of all children nationally;

21 ‘‘(4) conduct coordinated research on urban pub22 lic education problems, solutions, and promising

23 practices;
1251

•S 1513 RS

1 ‘‘(5) improve the Nation’s global economic and

2 educational competitiveness by improving the Na3 tion’s urban schools; and

4 ‘‘(6) encourage community, parental, and busi5 ness collaboration in the improvement of urban

6 schools.

7 ‘‘Subpart 1—Urban School Improvement

8 ‘‘SEC. 16121. ALLOCATION OF FUNDS.

9 ‘‘(a) RESERVATION.—

10 ‘‘(1) IN GENERAL.—Subject to paragraph (2), the

11 Secretary shall reserve 5 percent of the amounts ap12 propriated or otherwise made available to carry out

13 this subpart for any fiscal year, to provide incentive

14 awards in accordance with section 16126.

15 ‘‘(2) I NAPPLICABILITY.—Paragraph (1) shall not

16 apply for the first year for which funds are appro17 priated to carry out this subpart.

18 ‘‘(b) F EDERAL ALLOTMENT.—From the remainder of

19 the sums not reserved under subsection (a), the Secretary

20 shall allot to each urban eligible local educational agency

21 with an approved application in each fiscal year an

22 amount which bears the same relationship to such funds

23 as the amount such urban eligible local educational agency

24 was allocated under section 1123 (or for fiscal year 1995

25 only, such section’s predecessor authority) in the preceding
1252

•S 1513 RS

1 fiscal year bears to the total amount received under such

2 section in such preceding fiscal year by all urban eligible

3 local educational agencies.

4 ‘‘(c) R ESERVATION FOR COMMUNITY-BASED ORGANI5 ZATIONS AND NONPROFIT PARTNERSHIPS.—Each urban el6 igible local educational agency shall reserve not more than

7 5 percent of the amounts allotted under subsection (b) for

8 any fiscal year, to make as many grants as practicable for

9 the activities described in section 16124 to—

10 ‘‘(1) community-based organizations; or

11 ‘‘(2) nonprofit partnerships between the urban

12 eligible local educational agency and city-wide

13 collaboratives of private sector businesses or univer14 sities.

15 ‘‘(d) PAYMENTS.—The Secretary shall make annual

16 payments only to urban eligible local educational agencies

17 that—

18 ‘‘(1) comply with the provisions of section 16125;

19 and

20 ‘‘(2) demonstrate to the satisfaction of the Sec21 retary that the data submitted pursuant to section

22 16125 shows progress toward meeting National Edu23 cation Goals.
1253

•S 1513 RS

1 ‘‘(e) A DMINISTRATIVE COSTS.—Not more than 5 per2 cent of any allotment or grant made under this subpart

3 may be used for administrative costs.

4 ‘‘SEC. 16122. APPLICATION.

5 ‘‘(a) APPLICATION REQUIRED.—

6 ‘‘(1) URBAN LOCAL EDUCATIONAL AGENCIES.—

7 ‘‘(A) IN GENERAL.—Any urban local edu8 cational agency desiring to receive an allotment

9 from the Secretary to carry out this subpart

10 shall—

11 ‘‘(i) develop and prepare an applica12 tion;

13 ‘‘(ii) submit to the State educational

14 agency the application for review and com15 ment; and

16 ‘‘(iii) submit the application described

17 in clause (i) to the Secretary for approval.

18 ‘‘(B) DURATION.—Except as provided in

19 section 16125, the application described in clause

20 (i) may be for a period of not more than 5 years.

21 ‘‘(2) COMMUNITY-BASED ORGANIZATIONS AND

22 NONPROFIT PARTNERSHIPS.—Any community-based

23 organization or nonprofit partnership referred to in

24 section 16121(c) desiring to receive a grant from an
1254

•S 1513 RS

1 urban eligible local educational agency pursuant to

2 section 16126 shall—

3 ‘‘(A) submit an application to the urban el4 igible local educational agency;

5 ‘‘(B) describe in the application the collabo6 rative efforts undertaken with the urban eligible

7 local educational agency in designing a program

8 to meet the purposes of this subpart; and

9 ‘‘(C) describe in the application how funds

10 will be used to help meet the education goals se11 lected by the urban eligible local educational

12 agency pursuant to subsection (b).

13 ‘‘(b) CONTENTS OF URBAN LOCAL EDUCATIONAL

14 AGENCY APPLICATION.—Each application submitted by an

15 urban eligible local educational agency shall include a de16 scription of—

17 ‘‘(1) the ranking of all schools in the urban eligi18 ble local educational agency by achievement, poverty,

19 and racial isolation and how such schools will be

20 served in accordance with section 16127(a);

21 ‘‘(2) the community served by the urban eligible

22 local educational agency and the effects of the commu23 nity on the educational conditions within the schools

24 served by the urban eligible local educational agency;
1255

•S 1513 RS

1 ‘‘(3) the academic and other goals selected by the

2 urban eligible local educational agency and their rela3 tionship to the standards set for all students under

4 the Goals 2000: Educate America Act or title I of this

5 Act;

6 ‘‘(4) how funds received under this subpart will

7 be used to meet the National Education Goals selected

8 by the urban eligible local educational agency;

9 ‘‘(5) how promising or successful models or pro10 grams will be replicated in designing activities as11 sisted under this subpart; and

12 ‘‘(6) the statistical indicators and other criteria

13 that the urban eligible local educational agency will

14 use to measure progress toward meeting National

15 Education Goals, and a description of what the urban

16 eligible local educational agency has done to ensure

17 that any assessments used to measure such progress

18 will not have a negative effect on minority or lan19 guage minority students.

20 ‘‘SEC. 16123. PLANNING PERIOD.

21 ‘‘Any urban eligible local educational agency requiring

22 additional planning efforts to meet the provisions of this

23 subpart may use the first 6 months of the initial program

24 year for planning purposes, subject to approval by the Sec25 retary, except that not more than 15 percent of the first
1256

•S 1513 RS

1 year’s allotment shall be used for such purposes. A written

2 report of the results of such planning shall be submitted

3 to the Secretary not later than the end of the first project

4 year.

5 ‘‘SEC. 16124. USES OF FUNDS.

6 ‘‘(a) IN GENERAL.—Funds allotted under this subpart

7 shall be used by urban eligible local educational agencies,

8 community-based organizations, or nonprofit partnerships

9 to meet National Education Goals through programs de10 signed to—

11 ‘‘(1) increase the academic achievement of urban

12 public school children to at least the national average,

13 such as—

14 ‘‘(A) effective public schools programs;

15 ‘‘(B) tutoring, mentoring, and other activi16 ties to improve academic achievement directly;

17 ‘‘(C) activities designed to increase the par18 ticipation of minority and female students in

19 entry level and advanced courses in mathematics

20 and science;

21 ‘‘(D) supplementary academic instruction;

22 ‘‘(E) efforts to improve problem-solving and

23 higher-order thinking skills;

24 ‘‘(F) programs to increase student motiva25 tion for learning; and
1257

•S 1513 RS

1 ‘‘(G) efforts to lengthen the school day or

2 school year, or to reduce class sizes;

3 ‘‘(2) ensure the readiness of all urban public

4 school children for school, such as—

5 ‘‘(A) full workday, full calendar-year com6 prehensive early childhood development pro7 grams;

8 ‘‘(B) parenting classes and parent involve9 ment activities;

10 ‘‘(C) activities designed to coordinate pre11 kindergarten and child care programs;

12 ‘‘(D) efforts to integrate developmentally

13 appropriate prekindergarten services into the

14 overall public school program;

15 ‘‘(E) upgrading the qualifications of early

16 childhood education staff and standards for pro17 grams;

18 ‘‘(F) collaborative efforts with health and

19 social service agencies to provide comprehensive

20 services and to facilitate the transition from

21 home to school;

22 ‘‘(G) establishment of comprehensive child

23 care centers in public secondary schools for stu24 dents who are parents and their children; and
1258

•S 1513 RS

1 ‘‘(H) augmenting early childhood develop2 ment programs to meet the special educational

3 and cultural needs of limited-English proficient

4 preschool children;

5 ‘‘(3) increase the graduation rates of urban pub6 lic school students to at least the national average,

7 such as—

8 ‘‘(A) dropout prevention activities and sup9 port services for public school students at-risk of

10 dropping out of school;

11 ‘‘(B) reentry, outreach, and support activi12 ties to recruit students who have dropped out of

13 school to return to school;

14 ‘‘(C) development of systemwide policies

15 and practices that encourage students to stay in

16 school;

17 ‘‘(D) efforts to provide individualized stu18 dent support, such as mentoring programs;

19 ‘‘(E) collaborative activities between schools,

20 parents, community groups, agencies, and insti21 tutions of higher education aimed at preventing

22 individuals from dropping out of school;

23 ‘‘(F) programs to increase student attend24 ance; and
1259

•S 1513 RS

1 ‘‘(G) alternative programs for students, es2 pecially bilingual and special education stu3 dents, who have dropped out of school or are at

4 risk of dropping out of school;

5 ‘‘(4) prepare urban public school students to

6 enter higher education, pursue careers, and exercise

7 their responsibilities as citizens, such as—

8 ‘‘(A) activities designed to increase the

9 number and percentages of students, particularly

10 minority students, enrolling in postsecondary

11 educational institutions after graduation from

12 public secondary schools;

13 ‘‘(B) in-school youth employment, voca14 tional education, and career education programs

15 that improve the transition from school to work;

16 ‘‘(C) activities designed in collaboration

17 with colleges and universities to assist urban

18 public school graduates in completing higher

19 education;

20 ‘‘(D) efforts to increase voter registration

21 among eligible public secondary school students;

22 ‘‘(E) activities designed to promote commu23 nity service and volunteerism among students,

24 parents, teachers, and the community; and
1260

•S 1513 RS

1 ‘‘(F) civic education and other programs de2 signed to enhance responsible citizenship and un3 derstanding of the political process;

4 ‘‘(5) recruit and retain qualified teachers, such

5 as—

6 ‘‘(A) school-based management projects and

7 activities;

8 ‘‘(B) programs designed to test efforts to in9 crease the professionalization of teachers or to

10 bring teachers up to national voluntary stand11 ards;

12 ‘‘(C) alternative routes to certification for

13 qualified individuals from business, the military,

14 and other fields;

15 ‘‘(D) efforts to recruit and retain teachers

16 in critical shortage areas, including early child17 hood teachers, mathematics and science teachers,

18 and special education and bilingual teachers;

19 ‘‘(E) upgrading the skills of teacher aides

20 and paraprofessionals to permit such individuals

21 to become certified teachers;

22 ‘‘(F) activities specifically designed to in23 crease the number of minority teachers in urban

24 schools;
1261

•S 1513 RS

1 ‘‘(G) programs designed to ‘grow your own’

2 teachers;

3 ‘‘(H) incentives for teachers to work in

4 inner-city public schools; and

5 ‘‘(I) collaborative activities with urban uni6 versities to revise and upgrade teacher training

7 programs; or

8 ‘‘(6) decrease the use of drugs and alcohol among

9 urban public school students and enhance the physical

10 and emotional health of such students, such as—

11 ‘‘(A) activities designed to improve the self12 esteem and self-worth of urban public school stu13 dents;

14 ‘‘(B) the provision of health care services

15 and other social services and the coordination of

16 such services with other health care providers;

17 ‘‘(C) programs designed to improve safety

18 and discipline and reduce in-school violence,

19 vandalism, and gang activity;

20 ‘‘(D) activities that begin in the early

21 grades and are designed to prevent drug and al22 cohol abuse and smoking among students and

23 teachers;

24 ‘‘(E) collaborative activities with other

25 agencies, businesses, and community groups to
1262

•S 1513 RS

1 discourage the advertisement and glorification of

2 drugs and alcohol;

3 ‘‘(F) efforts to enhance health education and

4 nutrition education; and

5 ‘‘(G) alternative public schools, and schools6 within-schools programs, including bilingual and

7 special education programs for public school stu8 dents with special needs.

9 ‘‘(b) S PECIAL RULE.—Funds allotted under this sub10 part may be used for the planning, development, operation,

11 or expansion of programs and activities that are designed

12 to assist urban public schools in meeting National Edu13 cation Goals, and may include—

14 ‘‘(1) training of teachers and other educational

15 personnel in subject areas, or in instructional tech16 nology and methods that will improve the delivery of

17 services in urban settings and assist in the achieve18 ment of the National Education Goals, including staff

19 development efforts that emphasize multicultural and

20 gender and disability bias-free curricula;

21 ‘‘(2) coordination and collaboration with other

22 municipal agencies, child care organizations, univer23 sities, or the private sector;
1263

•S 1513 RS

1 ‘‘(3) parental involvement and outreach efforts

2 and other activities designed to enhance parental en3 couragement of student learning;

4 ‘‘(4) guidance and psychological counseling, so5 cial work, and other support services that contribute

6 to progress in achieving National Education Goals;

7 ‘‘(5) efforts to acquire and improve access to edu8 cational technology;

9 ‘‘(6) programs to serve homeless children, chil10 dren in desegregation programs, immigrants, mi11 grants, or other highly mobile populations, even if

12 such individuals do not attend a public school as13 sisted under this subpart; and

14 ‘‘(7) efforts to improve and strengthen the cur15 riculum and coordinate services across grade levels.

16 ‘‘(c) PRIORITY.—Each urban eligible local educational

17 agency submitting an application shall give priority in de18 signing the program assisted under this subpart to activi19 ties that replicate successful efforts in other urban local edu20 cational agencies or expand successful programs within the

21 urban eligible local educational agency.

22 ‘‘SEC. 16125. ACCOUNTABILITY.

23 ‘‘(a) IN GENERAL.—The Secretary may award an al24 lotment under this subpart to an urban eligible local edu25 cational agency to enable such an agency to operate a pro-
1264

•S 1513 RS

1 gram under this subpart for a period of not more than 5

2 years. If an urban eligible local educational agency receiv3 ing an allotment under this subpart meets the accountabil4 ity requirements described in subsection (b) at the end of

5 the 5-year period, and the requirements described in sub6 section (c) at the end of each year, as determined by the

7 Secretary, such agency shall be eligible to continue the

8 project with funds under this subpart for an additional 3-

9 year period.

10 ‘‘(b) REQUIREMENTS TO MOVE TOWARD NATIONAL

11 EDUCATION GOALS.—

12 ‘‘(1) PROGRAM CONTINUATION.—Except as pro13 vided in paragraph (2), if after 5 years of receiving

14 an allotment under this subpart an urban eligible

15 local educational agency is able to demonstrate to the

16 satisfaction of the Secretary that such agency has in17 creased the achievement level of urban public school

18 students in the lowest 2 quartiles in the schools served

19 by such agency and assisted under this subpart as

20 measured by the statistical indicators and other cri21 teria specified in the application in excess of the aver22 age such achievement of such students in the 3-year

23 period prior to the initiation of the project, then such

24 agency shall be eligible to continue the project with
1265

•S 1513 RS

1 funds under this title for an additional 5-year period

2 upon reapplication under section 16122.

3 ‘‘(2) S PECIAL RULE.—If after 5 years of receiv4 ing an allotment under this subpart an urban eligible

5 local educational agency is able to demonstrate to the

6 Secretary that it has made significant progress in

7 school improvement, given changes in the student

8 population or other factors beyond such agency’s con9 trol, then such agency shall be considered to have met

10 the requirements of paragraph (1) so long as the

11 achievement level of the schools served by such agency

12 and assisted under this subpart did not decline over

13 the 5-year period.

14 ‘‘(c) COLLECTION OF DATA.—Each urban eligible local

15 educational agency, community-based organization, univer16 sity, or nonprofit partnership receiving an allotment under

17 this subpart shall annually collect and submit to the Sec18 retary data based on the statistical indicators and other

19 criteria described in the application submitted by such

20 urban eligible local educational agency for the purposes of

21 monitoring progress in achieving National Education

22 Goals. Such data shall include multiple measures or indica23 tors of each variable, and may take into consideration the

24 mobility of students in the schools served under this sub25 part.
1266

•S 1513 RS

1 ‘‘SEC. 16126. INCENTIVE AWARDS TO EXEMPLARY PRO2 GRAMS.

3 ‘‘From amounts reserved pursuant to section 16121(a)

4 or otherwise made available, the Secretary is authorized to

5 make competitive awards to individual public schools par6 ticipating in a program assisted under this subpart that

7 demonstrate to the satisfaction of the Secretary success in

8 at least 3 of the following areas:

9 ‘‘(1) Unusual or exemplary progress in achieving

10 the National Education Goals through programs de11 scribed in section 16124.

12 ‘‘(2) Exemplary or unusually effective collabo13 rative arrangements between public schools, commu14 nity-based organizations, agencies, parent groups, col15 leges and businesses.

16 ‘‘(3) Identification, review, and removal of po17 tential barriers to student performance in achieving

18 National Education Goals, including a decrease in

19 suspensions, expulsions, in-grade retentions, and abil20 ity groupings, and lack of access to course offerings

21 in pre-algebra and introductory algebra.

22 ‘‘(4) Substantial expansion of the hours that

23 public schools remain open for community use or stu24 dent after-school recreation.
1267

•S 1513 RS

1 ‘‘SEC. 16127. SPECIAL RULES.

2 ‘‘(a) RANKING OF SCHOOLS TO DETERMINE RELATIVE

3 NEED.—

4 ‘‘(1) I N GENERAL.—In order to determine which

5 public schools are most in need of services, each urban

6 eligible local educational agency desiring to receive an

7 allotment under this subpart shall separately rank all

8 public elementary and secondary schools under the ju9 risdiction of such agency on the basis of—

10 ‘‘(A) low achievement;

11 ‘‘(B) high poverty; and

12 ‘‘(C) racial isolation.

13 ‘‘(2) PERCENTAGE OF SCHOOLS TO BE

14 SERVED.—Each urban eligible local educational agen15 cy that receives an allotment under this subpart shall

16 serve at least 10 percent, but not more than 20 per17 cent, of the public schools under the jurisdiction of

18 such agency.

19 ‘‘(3) C RITERIA FOR SCHOOLS TO BE SERVED.—

20 Subject to paragraph (2) of this subsection, each

21 urban eligible local educational agency that receives

22 an allotment under this subpart—

23 ‘‘(A) shall serve any public school that is

24 determined to be most in need with respect to all

25 3 rankings described in paragraph (1);
1268

•S 1513 RS

1 ‘‘(B) may serve any public school that is de2 termined to be most in need with respect to any

3 1 or more of such rankings; and

4 ‘‘(C) may serve any public school that re5 ceived assistance under this title in a previous

6 fiscal year.

7 ‘‘(b) FLEXIBILITY.—Each urban eligible local edu8 cational agency shall have the flexibility to serve homeless

9 children, children in schools undergoing desegregation, im10 migrants, migrants, or other highly mobile populations

11 within the program assisted under this subpart.

12 ‘‘Subpart 2—General Provisions

13 ‘‘SEC. 16131. WHITE HOUSE CONFERENCE ON URBAN EDU14 CATION.

15 ‘‘(a) AUTHORIZATION TO CALL CONFERENCE.—

16 ‘‘(1) I N GENERAL.—The President is authorized

17 to call and conduct a White House Conference on

18 Urban Education (referred to in this section as the

19 ‘Conference’) which shall be held not earlier than No20 vember 1, 1995, and not later than October 30, 1996.

21 ‘‘(2) PURPOSE.—The purpose of the Conference

22 shall be to—

23 ‘‘(A) develop recommendations and strate24 gies for the improvement of urban education;
1269

•S 1513 RS

1 ‘‘(B) marshal the forces of the private sector,

2 governmental agencies at all levels, parents,

3 teachers, communities, and education officials to

4 assist urban public schools in achieving National

5 Education Goals; and

6 ‘‘(C) conduct the initial planning for a per7 manent national advisory commission on urban

8 education.

9 ‘‘(b) COMPOSITION OF CONFERENCE.—

10 ‘‘(1) IN GENERAL.—The Conference shall be com11 prised of 12 individuals, including—

12 ‘‘(A) representatives of urban public school

13 systems, including members of the governing

14 body of local educational agencies, and school su15 perintendents;

16 ‘‘(B) representatives of the Congress, the De17 partment of Education, and other Federal agen18 cies;

19 ‘‘(C) State elected officials and representa20 tives from State educational agencies; and

21 ‘‘(D) individuals with special knowledge of

22 and expertise in urban education.

23 ‘‘(2) SELECTION.—The President shall select one24 third of the participants of the Conference, the Major25 ity Leader of the Senate shall select one-third of such
1270

•S 1513 RS

1 participants, and the Speaker of the House of Rep2 resentatives shall select the remaining one-third of

3 such participants.

4 ‘‘(3) REPRESENTATION.—In selecting the partici5 pants of the Conference, the President, the Majority

6 Leader of the Senate, and the Speaker of the House

7 of the House of Representatives shall ensure that the

8 participants are as representative of the ethnic, ra9 cial, and linguistic diversity of cities as is prac10 ticable.

11 ‘‘(c) REPORT.—

12 ‘‘(1) I N GENERAL.—Not later than 120 days fol13 lowing the termination of the Conference, a final re14 port of the Conference, containing such findings and

15 recommendations as may be made by the Conference,

16 shall be submitted to the President. The final report

17 shall be made public and, not later than 90 days after

18 receipt by the President, transmitted to the Congress

19 together with a statement of the President containing

20 recommendations for implementing the report.

21 ‘‘(2) PUBLICATION AND DISTRIBUTION.—The

22 Conference is authorized to publish and distribute the

23 report described in this section. Copies of the report

24 shall be provided to the Federal depository libraries
1271

•S 1513 RS

1 and made available to local urban public school lead2 ers.

3 ‘‘PART B—RURAL SCHOOLS

4 ‘‘SEC. 16201. SHORT TITLE.

5 ‘‘This part may be cited as the ‘Rural Schools of Amer6 ica (RSA) Act of 1994’.

7 ‘‘SEC. 16202. FINDINGS.

8 ‘‘The Congress finds that—

9 ‘‘(1) the ability of America’s rural public school

10 systems to meet the National Education Goals will

11 contribute to the economic competitiveness and aca12 demic standing of the Nation in the world commu13 nity;

14 ‘‘(2) the quality of public education in the rural

15 areas of the Nation has a direct effect on the economic

16 development of the rural communities of the Nation;

17 ‘‘(3) the success of rural public schools in boost18 ing the achievement of minority youth attending such

19 schools will determine the ability of the Nation to

20 close the gap between the haves and the have-nots in

21 society;

22 ‘‘(4) the cost to America’s businesses to provide

23 remedial education to secondary public school grad24 uates is approximately $21,000,000,000 per year;
1272

•S 1513 RS

1 ‘‘(5) rural public schools enroll a disproportion2 ately large share of the Nation’s poor and at-risk

3 youth;

4 ‘‘(6) approximately 60 percent of the Nation’s

5 public school districts are rural with a population of

6 less than 2,500;

7 ‘‘(7) approximately one out of every four of

8 America’s rural children are living below the poverty

9 line;

10 ‘‘(8) the academic performance of students in the

11 average rural public school system is below that of

12 students in most suburban school systems;

13 ‘‘(9) rural preschoolers have less access to early

14 childhood development programs than other children;

15 ‘‘(10) shortages of teachers for rural public school

16 systems is greater than in other kinds of school sys17 tems;

18 ‘‘(11) a declining number of rural public second19 ary school graduates are pursuing postsecondary edu20 cation opportunities;

21 ‘‘(12) the average age of rural public school

22 buildings is more than 45 years old and such build23 ings are often in serious disrepair, creating poor and

24 demoralizing working and learning conditions;
1273

•S 1513 RS

1 ‘‘(13) solving the challenges facing the Nation’s

2 rural public schools will require the concerted and col3 laborative efforts of all levels of government and all

4 sectors of the community;

5 ‘‘(14) Federal and State funding of rural public

6 schools has not adequately reflected need; and

7 ‘‘(15) Federal funding that is well-targeted, flexi8 ble, and accountable would contribute significantly to

9 addressing the comprehensive needs of rural public

10 schools.

11 ‘‘SEC. 16203. PURPOSE.

12 ‘‘It is the purpose of this part to provide financial as13 sistance to rural public schools most in need, to encourage

14 the comprehensive restructuring of America’s rural schools,

15 the appropriate use of telecommunications technologies for

16 learning, and to support innovative programs which im17 prove performance through programs and projects designed

18 to—

19 ‘‘(1) assist rural public schools in meeting Na20 tional Education Goals;

21 ‘‘(2) encourage rural public schools to engage in

22 school reform;

23 ‘‘(3) develop pilot projects that experiment with

24 innovative ways to teach rural public school children

25 more effectively;
1274

•S 1513 RS

1 ‘‘(4) improve the educational and social well2 being of rural public school children;

3 ‘‘(5) close the achievement gap between children

4 attending rural public schools and other children,

5 while improving the achievement level of all children

6 nationally;

7 ‘‘(6) conduct coordinated research on rural edu8 cation problems, solutions, promising practices, and

9 distance learning technologies;

10 ‘‘(7) improve the Nation’s global economic and

11 educational competitiveness by improving the Na12 tion’s rural public schools;

13 ‘‘(8) encourage community, parental, and busi14 ness collaboration in the improvement of rural public

15 schools;

16 ‘‘(9) encourage rural school consortia for the pur17 pose of increasing efficiency and course offerings;

18 ‘‘(10) encourage a positive role for rural public

19 schools in local rural entrepreneurship and the identi20 fication of rural community economic development

21 opportunities;

22 ‘‘(11) encourage community-as-school concepts,

23 which include the role public schools can play to as24 sist with rural community economic revitalization;

25 and
1275

•S 1513 RS

1 ‘‘(12) provide meaningful inservice opportunities

2 for rural public school teachers.

3 ‘‘Subpart 1—Rural School Improvement

4 ‘‘SEC. 16221. ALLOTMENT OF FUNDS.

5 ‘‘(a) R ESERVATION.—From the amount appropriated

6 or otherwise made available to carry out this subpart for

7 any fiscal year after the first fiscal year in which the Sec8 retary awards allotments to State educational agencies

9 under this subpart, the Secretary shall reserve 5 percent of

10 such funds to provide incentive awards in accordance with

11 section 16226.

12 ‘‘(b) ALLOTMENTS.—

13 ‘‘(1) F EDERAL ALLOTMENT.—From the remain14 der of the funds not reserved under subsection (a), the

15 Secretary shall allot to each State educational agency

16 with an approved application in each fiscal year an

17 amount which bears the same relationship to such

18 funds as the amount all rural eligible local edu19 cational agencies with approved applications in the

20 State were allocated under section 1123 (or for fiscal

21 year 1995 only, such section’s predecessor authority)

22 in the preceding fiscal year bears to the total amount

23 received under such section (or predecessor authority)

24 in such preceding fiscal year by all rural eligible local
1276

•S 1513 RS

1 educational agencies with approved applications in

2 all States.

3 ‘‘(2) STATE ALLOTMENT.—

4 ‘‘(A) RESERVATION FOR ADMINISTRATIVE

5 EXPENSES.—From amounts received pursuant to

6 paragraph (1), each State educational agency

7 may reserve not more than 1 percent of such

8 amount for administrative expenses.

9 ‘‘(B) R ESERVATION FOR COMMUNITY-BASED

10 ORGANIZATIONS AND NONPROFIT PARTNER11 SHIPS.—From amounts received under para12 graph (1) for any fiscal year, each State edu13 cational agency shall reserve not more than 5

14 percent to make as many grants as practicable

15 for activities in accordance with the National

16 Education Goals and described in section 16224

17 to—

18 ‘‘(i) community-based organizations; or

19 ‘‘(ii) nonprofit partnerships among

20 rural eligible local educational agencies,

21 local colleges or universities, private sector

22 businesses, or any combination thereof, that

23 enter into a written agreement with at least

24 one rural eligible local educational agency.
1277

•S 1513 RS

1 ‘‘(C) FORMULA.—From the remainder of

2 amounts received pursuant to paragraph (1) and

3 not reserved pursuant to subparagraphs (A) and

4 (B) in each fiscal year, each State educational

5 agency shall allot to each rural eligible local edu6 cational agency with an approved application

7 an amount which bears the same relationship to

8 such funds as the amount such rural eligible

9 local educational agency was allocated under sec10 tion 1123 (or for fiscal year 1995 only, such sec11 tion’s predecessor authority) in the preceding fis12 cal year bears to the total amount received under

13 such section (or predecessor authority) in such

14 preceding fiscal year by all rural eligible local

15 educational agencies with approved applications

16 in the State.

17 ‘‘(D) ADMINISTRATIVE COSTS.—Not more

18 than 5 percent of any rural eligible local edu19 cational agency’s allotment under this subsection

20 may be used for administrative costs.

21 ‘‘(c) REALLOTMENT.—Any amounts available for real22 lotment pursuant to subsections (a) and (b) shall be reallot23 ted in the same manner as the original allotments were

24 made.
1278

•S 1513 RS

1 ‘‘SEC. 16222. APPLICATION.

2 ‘‘(a) STATE APPLICATION.—

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

4 agency desiring to receive an allotment in any fiscal

5 year to carry out the provisions of this subpart shall

6 submit an application to the Secretary at such time,

7 in such manner, and accompanied by such informa8 tion as the Secretary may reasonably require.

9 ‘‘(2) CONTENTS.—Each application submitted

10 pursuant to paragraph (1) shall—

11 ‘‘(A) describe the State’s approach to im12 proving education in rural public schools;

13 ‘‘(B) contain such information as the Sec14 retary may reasonably require in order to make

15 the allotment described in section 16221(b)(1);

16 and

17 ‘‘(C) contain such other information or as18 surances as the Secretary determines necessary to

19 ensure compliance with this subpart.

20 ‘‘(b) LOCAL APPLICATION.—

21 ‘‘(1) I N GENERAL.—Any rural eligible local edu22 cational agency desiring to receive an allotment to

23 carry out this subpart, shall submit an application to

24 the State educational agency at such time, in such

25 manner, and accompanied by such information as the

26 State educational agency may reasonably require.
1279

•S 1513 RS

1 ‘‘(2) C ONTENTS OF LOCAL EDUCATIONAL AGENCY

2 APPLICATION.—Each application submitted by a

3 rural eligible local educational agency pursuant to

4 paragraph (1) shall include a description of—

5 ‘‘(A) the community served by the rural eli6 gible local educational agency and the effects of

7 the community on the educational conditions

8 within the public schools served by the rural eli9 gible local educational agency;

10 ‘‘(B) the academic and other goals selected

11 by the rural eligible local educational agency

12 and their relationship to the standards set for all

13 students under the Goals 2000: Educate America

14 Act or title I of this Act;

15 ‘‘(C) how funds received under this subpart

16 will be used to meet the National Educational

17 Goals selected by the rural eligible local edu18 cational agency;

19 ‘‘(D) how promising or successful models or

20 programs will be replicated in designing activi21 ties assisted under this subpart;

22 ‘‘(E) which federally funded programs and

23 activities are being expanded under this subpart;

24 and
1280

•S 1513 RS

1 ‘‘(F) the statistical indicators and other cri2 teria that the rural eligible local educational

3 agency will use to measure progress toward

4 meeting National Education Goals.

5 ‘‘(3) D URATION.—Except as provided in section

6 16225, the application described in paragraph (1)

7 may be for a period of not more than 5 years.

8 ‘‘(c) COMMUNITY-BASED ORGANIZATIONS AND NON9 PROFIT PARTNERSHIPS.—Any community-based organiza10 tion or nonprofit partnership described in section

11 16221(b)(2)(B) desiring to receive a grant from a State edu12 cational agency pursuant to such section shall—

13 ‘‘(1) prepare and submit an application to the

14 State educational agency;

15 ‘‘(2) describe in the application the collaborative

16 efforts undertaken with a rural eligible local edu17 cational agency in designing a program to meet the

18 purposes of this part; and

19 ‘‘(3) describe in the application how funds will

20 be used to help meet the education goals selected by

21 a rural eligible local educational agency pursuant to

22 subsection (b) of this section.

23 ‘‘SEC. 16223. PLANNING PERIOD.

24 ‘‘Any rural eligible local educational agency requiring

25 additional planning efforts to meet the requirements of this
1281

•S 1513 RS

1 subpart may use the first 3 months of the initial program

2 year for planning purposes, subject to approval by the State

3 educational agency, except that not more than 10 percent

4 of the first year’s allotment shall be used for such purposes.

5 A written report of the results of the plan shall be submitted

6 to the State educational agency.

7 ‘‘SEC. 16224. USES OF FUNDS.

8 ‘‘(a) IN GENERAL.—Funds allotted under section

9 16221(b)(2) shall be used by rural eligible local educational

10 agencies, or community-based organizations or nonprofit

11 partnerships described in section 16221(b)(2)(B), to meet

12 National Education Goals through programs designed to—

13 ‘‘(1) increase the academic achievement of rural

14 public school children to at least the national average,

15 including education reform initiatives, such as—

16 ‘‘(A) effective public schools programs;

17 ‘‘(B) tutoring, mentoring, and other activi18 ties to improve academic achievement directly;

19 ‘‘(C) supplementary academic instruction;

20 ‘‘(D) efforts to improve problem-solving and

21 higher-order critical thinking skills;

22 ‘‘(E) programs to increase student motiva23 tion for learning;

24 ‘‘(F) efforts to lengthen the school day,

25 school year, or reduce class sizes; and
1282

•S 1513 RS

1 ‘‘(G) encouraging the establishment of rural

2 school consortia to increase efficiency and course

3 offerings;

4 ‘‘(2) ensure the readiness of all rural children for

5 school, such as—

6 ‘‘(A) full workday, full calendar-year com7 prehensive early childhood development pro8 grams;

9 ‘‘(B) parenting classes, including parenting

10 classes for teenage parents, and parent involve11 ment activities;

12 ‘‘(C) activities designed to coordinate pre13 kindergarten and child care programs;

14 ‘‘(D) efforts to integrate developmentally

15 appropriate prekindergarten services into the

16 overall public school program;

17 ‘‘(E) improving the skills of early childhood

18 education staff and standards for programs;

19 ‘‘(F) collaborative efforts with health and

20 social service agencies to provide comprehensive

21 services and to facilitate the transition from

22 home to school;

23 ‘‘(G) establishment of comprehensive child

24 care centers in public secondary schools for stu25 dent-parents and their children; and
1283

•S 1513 RS

1 ‘‘(H) augmenting early childhood develop2 ment programs to meet the special educational

3 and cultural needs of limited-English proficient

4 and migrant preschool children;

5 ‘‘(3) increase the graduation rates of rural public

6 school students to at least the national average, when

7 funds are used to serve secondary schools, such as—

8 ‘‘(A) dropout prevention activities and sup9 port services for students at-risk of dropping out

10 of school;

11 ‘‘(B) reentry, outreach and support activi12 ties to recruit students who have dropped out of

13 school to return to school;

14 ‘‘(C) development of systemwide policies

15 and practices that encourage students to stay in

16 school;

17 ‘‘(D) efforts to provide individualized stu18 dent support;

19 ‘‘(E) collaborative activities between schools,

20 parents, community groups, agencies, and insti21 tutions of higher education aimed at preventing

22 individuals from dropping out of school;

23 ‘‘(F) programs to increase student attend24 ance; and
1284

•S 1513 RS

1 ‘‘(G) alternative programs for students, es2 pecially bilingual, special education, and mi3 grant students, who have dropped out of school

4 or are at risk of dropping out of school;

5 ‘‘(4) prepare rural public school students to enter

6 higher education, pursue careers, and exercise their

7 responsibilities as citizens, such as—

8 ‘‘(A) activities designed to increase the

9 number and percentages of students, enrolling in

10 postsecondary educational institutions after

11 graduation from secondary schools;

12 ‘‘(B) in-school youth employment, voca13 tional education, and career education programs

14 that improve the transition from school to work;

15 ‘‘(C) activities designed in collaboration

16 with colleges and universities to assist rural pub17 lic school graduates in completing higher edu18 cation;

19 ‘‘(D) activities designed in conjunction with

20 community colleges to provide a kindergarten

21 through grade 14 experience for rural public

22 school secondary school students;

23 ‘‘(E) efforts to increase voter registration

24 among eligible public secondary school students
1285

•S 1513 RS

1 attending schools served by rural eligible local

2 educational agencies;

3 ‘‘(F) activities designed to promote commu4 nity service and volunteerism among students,

5 parents, teachers, and the community;

6 ‘‘(G) civic education, law-related education,

7 and other programs designed to enhance respon8 sible citizenship and understanding of the politi9 cal process; and

10 ‘‘(H) encouraging a positive role for rural

11 public schools in local rural entrepreneurship

12 and the identification of rural community eco13 nomic development opportunities;

14 ‘‘(5) recruit and retain qualified teachers, such

15 as—

16 ‘‘(A) school-based management projects and

17 activities;

18 ‘‘(B) programs designed to increase the sta19 tus of the teaching profession;

20 ‘‘(C) alternative routes to certification for

21 qualified individuals from business, the military,

22 and other fields;

23 ‘‘(D) efforts to recruit and retain teachers

24 in critical shortage areas, including early child25 hood teachers, mathematics and science teachers,
1286

•S 1513 RS

1 foreign language teachers, and special education

2 and bilingual teachers;

3 ‘‘(E) upgrading the skills of existing class4 room teachers through the use of year-round, sys5 tematic, comprehensive inservice training pro6 grams;

7 ‘‘(F) upgrading the skills of teacher aides

8 and paraprofessionals to assist such individuals

9 in becoming certified teachers;

10 ‘‘(G) efforts specifically designed to increase

11 the number of minority teachers in rural public

12 schools;

13 ‘‘(H) programs designed to encourage par14 ents and students to enter the teaching profes15 sion;

16 ‘‘(I) incentives for teachers to work in rural

17 public schools;

18 ‘‘(J) collaborative activities with colleges

19 and universities to revise and upgrade teacher

20 training programs to meet the needs of rural

21 public school students; and

22 ‘‘(K) training activities for the purpose of

23 incorporating distance learning technologies; or
1287

•S 1513 RS

1 ‘‘(6) decrease the use of drugs and alcohol among

2 rural public school students, and to enhance the phys3 ical and emotional health of such students, such as—

4 ‘‘(A) activities designed to improve the self5 esteem and self-worth of rural students;

6 ‘‘(B) the provision of health care services

7 and other social services and the coordination of

8 such services with other health care providers;

9 ‘‘(C) programs designed to improve safety

10 and discipline and reduce in-school violence and

11 vandalism;

12 ‘‘(D) activities that begin in the early

13 grades and are designed to prevent drug and al14 cohol abuse and smoking among students;

15 ‘‘(E) collaborative activities with other

16 agencies, businesses, and community groups;

17 ‘‘(F) efforts to enhance health education and

18 nutrition education; and

19 ‘‘(G) alternative public schools, and schools20 within-schools programs, including bilingual,

21 migrant, and special education programs for

22 students with special needs.

23 ‘‘(b) SPECIAL RULE.—Funds allotted under section

24 16221(b)(2) may be used by rural eligible local educational

25 agencies, or community-based organizations or nonprofit
1288

•S 1513 RS

1 partnerships, described in section 16221(b)(2)(B), for the

2 planning, development, operation, or expansion of pro3 grams and activities that are designed to assist rural public

4 schools in meeting National Education Goals, and may in5 clude—

6 ‘‘(1) training of teachers and other educational

7 personnel in subject areas, or instructional technology

8 and methods, that will improve the delivery of serv9 ices in rural settings in any of the National Edu10 cation Goal areas, including staff development efforts

11 which emphasize multicultural, gender, and disability

12 bias-free curricula;

13 ‘‘(2) coordination and collaboration with other

14 rural agencies, including State rural development

15 councils, child care organizations, universities, or the

16 private sector;

17 ‘‘(3) parental involvement and outreach efforts

18 and other activities designed to enhance parental en19 couragement of student learning;

20 ‘‘(4) guidance counseling, psychological, social

21 work, and other support services that contribute to

22 progress in achieving National Education Goals;

23 ‘‘(5) efforts to acquire and improve access to edu24 cational technology, including distance learning tech25 nologies;
1289

•S 1513 RS

1 ‘‘(6) programs to serve homeless children, chil2 dren in schools undergoing desegregation, immi3 grants, migrants, or other highly mobile populations,

4 even if such individuals do not attend a rural public

5 school assisted under this subpart;

6 ‘‘(7) efforts to improve, reform and strengthen

7 the curriculum, especially efforts to enhance critical

8 thinking skills among rural students, and efforts to

9 coordinate services across grade levels; and

10 ‘‘(8) other activities designed to assist in achiev11 ing the National Education Goals.

12 ‘‘(c) P RIORITY.—Each eligible rural local educational

13 agency submitting an application under this section shall

14 give priority in designing the program assisted under this

15 subpart to activities that replicate successful efforts in other

16 local educational agencies or expand successful programs

17 within the rural eligible local educational agency.

18 ‘‘SEC. 16225. ACCOUNTABILITY.

19 ‘‘(a) IN GENERAL.—The State educational agency

20 may award an allotment under this subpart to a rural eli21 gible local educational agency to enable such an agency to

22 operate a program under this subpart for a period of not

23 more than 5 years. If a rural eligible local educational

24 agency receiving an allotment under this subpart meets the

25 accountability requirements described in subsection (b) at
1290

•S 1513 RS

1 the end of 5 years and the requirements described in sub2 section (c) at the end of each year, as determined by the

3 State educational agency, such local educational agency

4 shall be eligible to continue the project with funds under

5 this subpart for an additional 3 years if such local edu6 cational agency so desires.

7 ‘‘(b) REQUIREMENTS TO MOVE TOWARD NATIONAL

8 EDUCATION GOALS.—

9 ‘‘(1) P ROGRAM CONTINUATION.—If, after 5 years

10 of receiving an allotment under this subpart, a rural

11 eligible local educational agency is able to dem12 onstrate to the satisfaction of the State educational

13 agency that such rural eligible local educational agen14 cy has increased the achievement within the lowest 2

15 quartiles of students in rural public schools assisted

16 under this subpart as measured by the statistical in17 dicators and other criteria specified in the applica18 tion in comparison to the year prior to the initiation

19 of the project, then such agency shall be eligible to

20 continue the project with funds under this subpart for

21 an additional 5 years upon reapplication under sec22 tion 16222.

23 ‘‘(2) S PECIAL RULE.—If, after 5 years of receiv24 ing an allotment under this subpart, a rural eligible

25 local educational agency is able to demonstrate to the
1291

•S 1513 RS

1 Secretary that it has made significant progress in

2 school improvement, given changes in the student

3 population or other factors beyond such agency’s con4 trol, then such agency shall be deemed to have met the

5 requirements of paragraph (1) so long as the average

6 achievement level of the public schools assisted under

7 this subpart did not decline over the previous 5-year

8 period.

9 ‘‘(c) COLLECTION OF DATA AND CERTIFICATION.—

10 ‘‘(1) IN GENERAL.—Each rural eligible local edu11 cational agency, community-based organizations or

12 nonprofit partnerships described in section

13 16221(b)(2)(B), receiving assistance under this sub14 part shall annually collect and submit to the State

15 educational agency data based on the statistical indi16 cators and other criteria described in the application

17 submitted by such rural eligible local educational

18 agency for the purposes of monitoring progress in

19 achieving the National Education Goals in accord20 ance with paragraph (2). Such data shall include

21 multiple measures or indicators of each variable, and

22 may take into consideration the mobility of students

23 in the public schools served under this subpart or

24 other special factors.
1292

•S 1513 RS

1 ‘‘(2) CERTIFICATION.—Each rural eligible local

2 educational agency receiving an allotment pursuant

3 to section 16221(b)(2) shall annually certify to the

4 State educational agency that such rural eligible local

5 educational agency has—

6 ‘‘(A) complied with the provisions of this

7 subsection; and

8 ‘‘(B) made progress toward meeting Na9 tional Education Goals and the goals described

10 in section 16222(b)(2)(D).

11 ‘‘SEC. 16226. INCENTIVE AWARDS TO EXEMPLARY PRO12 GRAMS.

13 ‘‘From amounts reserved pursuant to section 16221(a)

14 or otherwise made available, the Secretary is authorized to

15 make competitive awards to rural eligible local educational

16 agencies to enable such agencies to provide assistance to in17 dividual schools participating in a program assisted under

18 this subpart that demonstrate to the satisfaction of the Sec19 retary at least 3 of the following:

20 ‘‘(1) Unusual or exemplary progress in achieving

21 the National Education Goals through programs de22 scribed in section 16224.

23 ‘‘(2) Exemplary or unusually effective collabo24 rative arrangements between the schools, community-
1293

•S 1513 RS

1 based organizations, agencies, parent groups, colleges,

2 and businesses.

3 ‘‘(3) Identification, review and removal of poten4 tial barriers to student performance in the National

5 Education Goal areas, such as suspensions and expul6 sions, in-grade retentions, ability grouping, lack of

7 access to course offerings, and other such barriers.

8 ‘‘Subpart 2—General Provisions

9 ‘‘SEC. 16231. WHITE HOUSE CONFERENCE ON RURAL EDU10 CATION.

11 ‘‘(a) AUTHORIZATION TO CALL CONFERENCE.—

12 ‘‘(1) I N GENERAL.—The President is authorized

13 to call and conduct a White House Conference on

14 Rural Education (referred to in this section as the

15 ‘Conference’).

16 ‘‘(2) D ATE.—The Conference described in para17 graph (1) shall be held not earlier than November 1,

18 1995, and not later than October 30, 1996.

19 ‘‘(3) P URPOSE.—The purposes of the Conference

20 shall be to—

21 ‘‘(A) develop recommendations and strate22 gies for the improvement of rural public edu23 cation;

24 ‘‘(B) marshal the forces of the private sector,

25 governmental agencies at all levels, parents,
1294

•S 1513 RS

1 teachers, communities, and education officials to

2 assist rural public schools in achieving National

3 Education Goals, and make recommendations on

4 the roles rural public schools can play to assist

5 with local rural community economic revitaliza6 tion; and

7 ‘‘(C) conduct the initial planning for a per8 manent national commission on rural public

9 education.

10 ‘‘(b) COMPOSITION OF CONFERENCE.—

11 ‘‘(1) IN GENERAL.—The Conference shall be com12 prised of—

13 ‘‘(A) representatives of eligible public school

14 systems, including members of the governing

15 body of local educational agencies, school super16 intendents, and classroom teachers;

17 ‘‘(B) representatives of the Congress, the De18 partment of Education, and other Federal agen19 cies;

20 ‘‘(C) State elected officials and representa21 tives from State educational agencies;

22 ‘‘(D) individuals with special knowledge of,

23 and expertise in, rural education, including in24 dividuals involved with rural postsecondary edu25 cation; and
1295

•S 1513 RS

1 ‘‘(E) individuals with special knowledge of,

2 and expertise in, rural business.

3 ‘‘(2) SELECTION.—The President shall select one4 third of the participants of the Conference, the Major5 ity Leader of the Senate shall select one-third of such

6 participants, and the Speaker of the House of Rep7 resentatives shall select the remaining one-third of

8 such participants.

9 ‘‘(3) REPRESENTATION.—In selecting the partici10 pants of the Conference, the President, the Majority

11 Leader of the Senate, and the Speaker of the House

12 of Representatives shall ensure that the participants

13 are as representative of the ethnic, racial, and lan14 guage diversity of rural areas as is practicable.

15 ‘‘(c) REPORT.—

16 ‘‘(1) I N GENERAL.—Not later than 120 days fol17 lowing the termination of the Conference, a final re18 port of the Conference, containing such findings and

19 recommendations as may be made by the Conference,

20 shall be submitted to the President. The final report

21 shall be made public and, not later than 90 days after

22 receipt by the President, transmitted to the Congress

23 together with a statement of the President containing

24 recommendations for implementing the report.
1296

•S 1513 RS

1 ‘‘(2) PUBLICATION AND DISTRIBUTION.—The

2 Conference is authorized to publish and distribute the

3 report described in this section. Copies of the report

4 shall be provided to the Federal depository libraries

5 and made available to local rural school leaders and

6 teachers.

7 ‘‘PART C—AUTHORIZATION OF APPROPRIATIONS

8 ‘‘SEC. 16301. AUTHORIZATION OF APPROPRIATIONS.

9 (a) I N GENERAL.—There are authorized to be appro10 priated $50,000,000 for fiscal year 1995, and such sums

11 as may be necessary for each of the 4 succeeding fiscal years,

12 to carry out this title, of which—

13 ‘‘(1) 50 percent shall be made available to carry

14 out part A; and

15 ‘‘(2) 50 percent shall be made available to carry

16 out part B.

17 ‘‘(b) FEDERAL FUNDS TO SUPPLEMENT NOT SUP18 PLANT NON-FEDERAL FUNDS.—An eligible local edu19 cational agency may use funds received under this title only

20 to supplement and, to the extent practicable, increase the

21 level of funds that would, in the absence of such Federal

22 funds, be made available from non-Federal sources for the

23 education of students participating in activities assisted

24 under this title, and in no such case may such funds be

25 used to supplant funds from non-Federal sources.’’
1297

•S 1513 RS

1 TITLE II—AMENDMENTS TO THE

2 GENERAL EDUCATION PROVI3 SIONS ACT

4 PART A—APPLICABILITY OF THE GENERAL

5 EDUCATION PROVISIONS ACT

6 SEC. 211. TITLE; APPLICABILITY; DEFINITIONS.

7 Section 400 of the General Education Provisions Act

8 (20 U.S.C. 1221 et seq.) (hereafter in this title (other than

9 part G) referred to as the ‘‘Act’’) is amended to read as

10 follows:

11 ‘‘SHORT TITLE; APPLICABILITY; DEFINITIONS

12 ‘‘SEC. 400. (a) This title may be cited as the ‘General

13 Education Provisions Act’.

14 ‘‘(b)(1) Except as otherwise provided, this title applies

15 to each applicable program of the Department of Education.

16 ‘‘(2) Except as otherwise provided, this title does not

17 apply to any contract made by the Department of Edu18 cation.

19 ‘‘(c) As used in this title, the following terms have the

20 following meanings:

21 ‘‘(1) The term ‘applicable program’ means any

22 program for which the Secretary or the Department

23 has administrative responsibility as provided by law

24 or by delegation of authority pursuant to law. The

25 term includes each program for which the Secretary
1298

•S 1513 RS

1 or the Department has administrative responsibility

2 under the Department of Education Organization Act

3 or under Federal law effective after the effective date

4 of that Act.

5 ‘‘(2) The term ‘applicable statute’ means—

6 ‘‘(A) the Act or the title, part, section, or

7 any other subdivision of an Act, as the case may

8 be, that authorizes the appropriation for an ap9 plicable program;

10 ‘‘(B) this title; and

11 ‘‘(C) any other statute that by its terms ex12 pressly controls the administration of an appli13 cable program.

14 ‘‘(3) The term ‘Department’ means the Depart15 ment of Education.

16 ‘‘(4) The term ‘Secretary’ means the Secretary of

17 Education.

18 ‘‘(d) Nothing in this title shall be construed to affect

19 the applicability of title VI of the Civil Rights Act of 1964,

20 title IX of the Education Amendments of 1972, title V of

21 the Rehabilitation Act of 1973, the Age Discrimination Act,

22 or other statutes prohibiting discrimination, to any appli23 cable program.’’.
1299

•S 1513 RS

1 SEC. 212. REPEAL.

2 Section 400A of the Act (20 U.S.C. 1221–3) is re3 pealed.

4 PART B—THE DEPARTMENT OF EDUCATION

5 SEC. 221. NEW HEADING FOR PART A.

6 The heading for part A of the Act is amended to read

7 as follows:

8 ‘‘PART A—FUNCTIONS OF THE DEPARTMENT OF

9 EDUCATION’’.

10 SEC. 222. GENERAL AUTHORITY OF THE SECRETARY.

11 Section 408 of the Act (20 U.S.C. 1221e–3) is amended

12 to read as follows:

13 ‘‘GENERAL AUTHORITY OF THE SECRETARY

14 ‘‘SEC. 408. The Secretary, in order to carry out func15 tions otherwise vested in the Secretary by law or by delega16 tion of authority pursuant to law, and subject to limita17 tions as may be otherwise imposed by law, is authorized

18 to make, promulgate, issue, rescind, and amend rules and

19 regulations governing the manner of operation of, and gov20 erning the applicable programs administered by, the De21 partment.’’.

22 SEC. 223. REPEALS.

23 Sections 401, 402, 403 (20 U.S.C. 1221c), 406 (20

24 U.S.C. 1221e–1), 406A (20 U.S.C. 1221e–1a), 406B (20

25 U.S.C. 1221e–1b), 406C (20 U.S.C. 1221e–1c), and 407 (20

26 U.S.C. 1221e–2) of the Act are repealed.
1300

•S 1513 RS

1 PART C—APPROPRIATIONS AND EVALUATIONS

2 SEC. 231. AVAILABILITY OF APPROPRIATIONS.

3 (a) A MENDMENT TO HEADING.—The heading for sec4 tion 412 of the Act (20 U.S.C. 1225) is amended to read

5 as follows:

6 ‘‘AVAILABILITY OF APPROPRIATIONS ON ACADEMIC OR

7 SCHOOL-YEAR BASIS; ADDITIONAL PERIOD FOR OBLI8 GATION OF FUNDS’’.

9 (b) AMENDMENT TO TEXT.—Section 412 of the Act (20

10 U.S.C. 1225) is further amended—

11 (1) in subsection (a)—

12 (A) by striking ‘‘to educational agencies or

13 institutions’’;

14 (B) by striking ‘‘expenditure’’ and inserting

15 ‘‘obligation’’; and

16 (C) by striking ‘‘agency or institution con17 cerned’’ and inserting ‘‘recipient’’;

18 (2) in subsection (b)—

19 (A) by amending the matter preceding

20 paragraph (2) to read as follows:

21 ‘‘(b)(1)(A) Notwithstanding any other provision of

22 law, unless enacted in express limitation of this subsection,

23 any funds from appropriations to carry out any applicable

24 State formula grant program that are not obligated by a

25 recipient by the end of the fiscal year for which such funds
1301

•S 1513 RS

1 were appropriated shall remain available for obligation by

2 such recipient during the succeeding fiscal year.

3 ‘‘(B) As used in this subsection, the term ‘applicable

4 State formula grant program’ means an applicable pro5 gram the authorizing statute or implementing regulations

6 of which provide a formula for allocating program funds

7 among eligible States.’’; and

8 (B) in paragraph (2)—

9 (i) in the matter preceding subpara10 graph (A)—

11 (I) by striking ‘‘applicable pro12 gram’’ and inserting ‘‘applicable State

13 formula grant program’’; and

14 (II) by striking ‘‘and expendi15 ture’’ and inserting ‘‘and expended’’;

16 and

17 (ii) in subparagraph (B), by striking

18 ‘‘such educational agencies or institutions’’

19 and inserting ‘‘the recipients of such funds’’;

20 and

21 (3) by striking subsection (c).

22 SEC. 232. CONTINGENT EXTENSION OF PROGRAMS.

23 Section 414 of the Act (20 U.S.C. 1226a) is amended

24 to read as follows:
1302

•S 1513 RS

1 ‘‘CONTINGENT EXTENSION OF PROGRAMS

2 ‘‘SEC. 414. (a) The authorization of appropriations

3 for, or duration of, an applicable program shall be auto4 matically extended for two additional fiscal years unless the

5 Congress, in the regular session that ends prior to the termi6 nal fiscal year of such authorization or duration has passed

7 legislation that becomes law and extends, or has rejected leg8 islation that would have extended, the authorization or du9 ration of such program.

10 ‘‘(b) The amount authorized to be appropriated for the

11 period of automatic extension under subsection (a) of an

12 applicable program shall be the amount authorized to be

13 appropriated for such program for the terminal fiscal year

14 of the applicable program.

15 ‘‘(c) If the Secretary is required, in the terminal fiscal

16 year of an applicable program, to carry out certain acts

17 or make certain determinations that are necessary for the

18 continuation of such program, such acts or determinations

19 shall be required to be carried out or made during the pe20 riod of automatic extension under subsection (a).’’.

21 SEC. 233. BIENNIAL EVALUATION REPORT.

22 Section 417 of the Act (20 U.S.C. 1226c) is amended

23 to read as follows:

24 ‘‘BIENNIAL EVALUATION REPORT

25 ‘‘SEC. 417. Not later than March 31, 1995, and every

26 2 years thereafter, the Secretary shall transmit to the Com-
1303

•S 1513 RS

1 mittee on Education and Labor of the House of Representa2 tives and the Committee on Labor and Human Resources

3 of the Senate an evaluation report on the effectiveness of

4 applicable programs in achieving their legislated intent and

5 purposes during the 2 preceding fiscal years. Such report

6 shall—

7 ‘‘(1) contain program profiles that include legis8 lative citations, multiyear funding histories, and leg9 islated purposes;

10 ‘‘(2) contain recent information on the progress

11 being made toward the achievement of program objec12 tives, including listings of program performance indi13 cators, data from performance measurement based on

14 the indicators, and information on the costs and bene15 fits of the applicable programs being evaluated;

16 ‘‘(3) address significant program activities, such

17 as initiatives for program improvement, regulations,

18 and program monitoring and evaluation;

19 ‘‘(4) list the principal analyses and studies sup20 porting the major conclusions in the report;

21 ‘‘(5) include available data to indicate the effec22 tiveness of the programs and projects by the race, sex,

23 disability and age of the beneficiaries of such pro24 grams and projects; and
1304

•S 1513 RS

1 ‘‘(6) include the results of the program evalua2 tions conducted in accordance with section 10107 of

3 the Elementary and Secondary Education Act of

4 1965.’’.

5 SEC. 234. TECHNICAL AMENDMENTS.

6 (a) P AYMENTS.—Section 415 of the Act (20 U.S.C.

7 1226a–1) is amended by striking ‘‘Commissioner’’ and in8 serting ‘‘Secretary’’.

9 (b) P ROGRAM PLANNING AND EVALUATION.—Section

10 420 of the Act (20 U.S.C. 1228) is amended—

11 (1) by striking ‘‘title I of’’ and all that follows

12 through ‘‘Congress)’’ and inserting ‘‘title IX of the El13 ementary and Secondary Education Act of 1965’’;

14 and

15 (2) by striking ‘‘subparagraph (C) of section

16 3(d)(2) or section 403(1)(C) of that Act’’ and insert17 ing ‘‘subsections (d) and (g) of section 9004 of such

18 Act or residing on property described in section

19 9014(10) of such Act’’.

20 SEC. 235. REPEALS.

21 Sections 411 (20 U.S.C. 1223), 413 (20 U.S.C. 1226),

22 416 (20 U.S.C. 1226b), and 419 (20 U.S.C. 1227) of the

23 Act are repealed.
1305

•S 1513 RS

1 PART D—ADMINISTRATION OF EDUCATION

2 PROGRAMS

3 SEC. 241. JOINT FUNDING OF PROGRAMS.

4 Section 421A of the Act (20 U.S.C. 1231) is amended

5 to read as follows:

6 ‘‘JOINT FUNDING OF PROGRAMS

7 ‘‘SEC. 421A. (a)(1) The Secretary is authorized to

8 enter into arrangements with other Federal agencies to

9 jointly carry out projects of common interest, to transfer

10 to such agencies funds appropriated under any applicable

11 program, and to receive and use funds from such agencies,

12 for projects of common interest.

13 ‘‘(2) Funds transferred or received pursuant to para14 graph (1) shall be used only in accordance with the Federal

15 law authorizing the appropriation of such funds and the

16 Federal law appropriating such funds, and shall be made

17 available only to parties eligible to receive such funds under

18 such law.

19 ‘‘(3) If the Secretary enters into a agreement under

20 this subsection for the administration of a project, the agen21 cy administering the project shall use such agency’s proce22 dures to select recipients of funds under such project and

23 to administer the awards, unless the parties to the agree24 ment specify the use of procedures of another agency that

25 is a party to the agreement.
1306

•S 1513 RS

1 ‘‘(4) If the Secretary has entered into an agreement

2 authorized under this subsection and the Secretary and the

3 heads of the other agencies participating in the agreement

4 determine that joint funding is necessary to address a spe5 cial need consistent with the purposes and authorized ac6 tivities of each program that provides funding under the

7 joint project, the Secretary and the heads of the other par8 ticipating agencies may develop a single set of criteria for

9 the jointly funded project and require each applicant for

10 such project to submit a single application for review by

11 the participating agencies.

12 ‘‘(b) The Secretary may develop the criteria for, and

13 require the submission of, joint applications under two or

14 more applicable programs under which funds are awarded

15 on a competitive basis, and may jointly review and approve

16 such applications separately from other applications under

17 such programs, when the Secretary determines that such

18 joint awards are necessary to address a special need consist19 ent with the purposes and authorized activities of each such

20 program. Any applicant for such a joint award shall meet

21 the eligibility requirements of each such program.’’.

22 SEC. 242. COLLECTION AND DISSEMINATION OF INFORMA23 TION.

24 Section 422 of the Act (20 U.S.C. 1231a) is amended

25 to read as follows:
1307

•S 1513 RS

1 ‘‘COLLECTION AND DISSEMINATION OF INFORMATION

2 ‘‘SEC. 422. The Secretary shall—

3 ‘‘(1) prepare and disseminate to State and local

4 educational agencies and institutions information

5 concerning applicable programs, and cooperate with

6 other Federal officials who administer programs af7 fecting education in disseminating information con8 cerning such programs;

9 ‘‘(2) inform the public regarding federally sup10 ported education programs; and

11 ‘‘(3) collect data and information on applicable

12 programs for the purpose of obtaining objective meas13 urements of the effectiveness of such programs in

14 achieving the intended purposes of such programs.’’.

15 SEC. 243. REVIEW OF APPLICATIONS.

16 Section 425 of the Act (20 U.S.C. 1231b–2) is amend17 ed—

18 (1) in subsection (a)—

19 (A) by striking ‘‘Commissioner’’ and insert20 ing ‘‘Secretary’’;

21 (B) by striking ‘‘and in the case of the pro22 gram provided for in title I of the Elementary

23 and Secondary Education Act of 1965,’’;

24 (C) in the third sentence, by inserting a

25 comma after ‘‘the hearing’’; and
1308

•S 1513 RS

1 (D) in the fourth sentence—

2 (i) by striking the comma after ‘‘guide3 lines’’; and

4 (ii) by inserting a comma after ‘‘pro5 gram’’;

6 (2) in subsection (b), by striking ‘‘Commis7 sioner’’ each place such term appears and inserting

8 ‘‘Secretary’’; and

9 (3) in subsection (d)—

10 (A) by striking ‘‘Commissioner’’ each place

11 such term appears and inserting ‘‘Secretary’’;

12 and

13 (B) by inserting before the period ‘‘or issue

14 such other orders as the Secretary may deem ap15 propriate to achieve such compliance’’.

16 SEC. 244. USE OF FUNDS WITHHELD.

17 Section 428 of the Act (20 U.S.C. 1231e) is amended

18 to read as follows:

19 ‘‘USE OF FUNDS WITHHELD

20 ‘‘SEC. 428. (a) At any time that the Secretary makes

21 an allotment or reallotment to any State under any appli22 cable program, the Secretary shall reduce such allotment or

23 reallotment by such amount as the Secretary determines

24 such allotment or reallotment would have been reduced, had

25 the data on which the allotment or reallotment is based ex26 cluded all data relating to local educational agencies of the
1309

•S 1513 RS

1 State that, on the date of the Secretary’s action, are ineli2 gible to receive the Federal financial assistance involved be3 cause of failure to comply with title VI of the Civil Rights

4 Act of 1964, title IX of the Education Amendments of 1972,

5 section 504 of the Rehabilitation Act of 1973, or the Age

6 Discrimination Act of 1975.

7 ‘‘(b) The Secretary may use any funds withheld under

8 subsection (a)—

9 ‘‘(1) to increase the allotments or reallotments of

10 local educational agencies within the State that are

11 not described in subsection (a), or the allotments or

12 reallotment of all States, in accordance with the Fed13 eral law governing the program; or

14 ‘‘(2) for grants to local educational agencies of

15 that State in accordance with section 405 of the Civil

16 Rights Act of 1964, or for any other program admin17 istered by the Department that is designed to enhance

18 equity in education or redress discrimination on the

19 basis of race, color, national origin, sex, age, or dis20 ability.’’.

21 SEC. 245. APPLICATIONS.

22 Subsection (a) of section 430 of the Act (20 U.S.C.

23 1231g) is amended by striking ‘‘for three fiscal years’’ and

24 inserting ‘‘for more than 1 fiscal year’’.
1310

•S 1513 RS

1 SEC. 246. REGULATIONS.

2 Section 431 of the Act (20 U.S.C. 1232) is amended

3 to read as follows:

4 ‘‘REGULATIONS

5 ‘‘SEC. 431. (a) For the purpose of this section, the term

6 ‘regulation’ means any generally applicable rule, regula7 tion, guideline, interpretation, or other requirement that—

8 ‘‘(1) is prescribed by the Secretary or the De9 partment; and

10 ‘‘(2) has legally binding effect in connection

11 with, or affecting, the provision of financial assist12 ance under any applicable program.

13 ‘‘(b) Regulations issued by the Secretary or the Depart14 ment shall contain, immediately following each substantive

15 provision of such regulations, citations to the particular sec16 tion or sections of statutory law or other legal authority

17 on which such provision is based.

18 ‘‘(c) All such regulations shall be uniformly applied

19 and enforced throughout the 50 States.

20 ‘‘(d) The Secretary shall promulgate regulations in ac21 cordance with chapter 5 of title 5, United States Code, ex22 cept that the exemption in section 553(a)(2) of such chapter

23 for public property, loans, grants, and benefits shall apply

24 only to regulations—

25 ‘‘(1) that govern a grant competition for the first

26 year of a new program; or
1311

•S 1513 RS

1 ‘‘(2) where the Secretary determines that the re2 quirements of this subsection will cause extreme hard3 ship to the intended beneficiaries of the program af4 fected by such regulations.

5 ‘‘(e)(1) Following the enactment of any Act, or any

6 part of any Act, affecting the administration of any appli7 cable program, the Secretary shall submit to the Committee

8 on Education and Labor of the House of Representatives

9 and the Committee on Labor and Human Resources of the

10 Senate a schedule in accordance with which the Secretary

11 plans to promulgate final regulations that the Secretary de12 termines are necessary to implement such Act or part of

13 such Act. Subject to paragraph (2) of this subsection, such

14 schedule shall provide that all such final regulations shall

15 be promulgated within 480 days after the date of enactment

16 of such Act or part of such Act.

17 ‘‘(2) If in developing such schedule the Secretary deter18 mines in an exceptional case, for good cause, that a final

19 regulation cannot be promulgated within the period speci20 fied in paragraph (1), the Secretary shall include in such

21 schedule the date by which such regulation will be promul22 gated and the reasons for such determination.

23 ‘‘(3) Except as provided in the following sentence, all

24 such final regulations shall be promulgated in accordance

25 with such schedule. If the Secretary, for good cause, later
1312

•S 1513 RS

1 determines that the Secretary cannot comply with such

2 schedule for reasons unforeseen at the time such schedule

3 was submitted, the Secretary shall notify such committees

4 of the reasons for such finding and submit a new schedule.

5 All such final regulations shall be promulgated in accord6 ance with such new schedule.

7 ‘‘(f) Concurrently with the publication of any final

8 regulations, the Secretary shall transmit a copy of such

9 final regulations to the Speaker of the House of Representa10 tives and the President pro tempore of the Senate.’’.

11 SEC. 247. RECORDS; REDUCTION IN RETENTION REQUIRE12 MENTS.

13 Section 437 of the Act (20 U.S.C. 1232f) is amended—

14 (1) in subsection (a)—

15 (A) by striking ‘‘grant, subgrant, contract,

16 subcontract, loan, or other arrangement (other

17 than procurement contracts awarded by an ad18 ministrative head of an educational agency)’’

19 and inserting ‘‘grant, subgrant, cooperative

20 agreement, loan or other arrangement’’;

21 (B) by inserting ‘‘financial or pro22 grammatic’’ before ‘‘audit.’’; and

23 (C) by striking the last sentence; and

24 (2) in subsection (b), by striking ‘‘to any records

25 of a recipient which may be related, or pertinent to,
1313

•S 1513 RS

1 the grants, subgrants, contracts, subcontracts, loans,

2 or other arrangements’’ and inserting ‘‘to any records

3 maintained by a recipient that may be related, or

4 pertinent to, grants, subgrants, cooperative agree5 ments, loans, or other arrangements’’.

6 SEC. 248. TECHNICAL AMENDMENTS.

7 (a) H EADING FOR PART C.—The heading for part C

8 of the Act (20 U.S.C. 1230 et seq.) is amended by striking

9 ‘‘COMMISSIONER OF EDUCATION’’ and inserting ‘‘SEC10 RETARY’’.

11 (b) S ECTION 427.—Section 427 of the Act (20 U.S.C.

12 1231d) is amended—

13 (1) by striking ‘‘Commissioner’’ and inserting

14 ‘‘Secretary’’; and

15 (2) in the second sentence of the matter preceding

16 paragraph (1), by inserting ‘‘is made’’ after ‘‘such de17 termination’’.

18 (c) S ECTION 430.—Section 430 of the Act (20 U.S.C.

19 1231g) is amended by striking ‘‘Commissioner’’ each place

20 such term appears and inserting ‘‘Secretary’’.

21 (d) S ECTION 433.—Section 433 of the Act (20 U.S.C.

22 1232b) is amended by striking ‘‘Except for emergency relief

23 under section 7 of the Act of September 30, 1950 (Public

24 Law 874, Eighty-first Congress), all laborers’’ and inserting

25 ‘‘All laborers’’.
1314

•S 1513 RS

1 (e) SECTION 434.—

2 (1) A MENDMENT TO HEADING.—The heading for

3 section 434 of the Act (20 U.S.C. 1232c) is amended

4 by striking ‘‘E DUCATIONAL’’.

5 (2) A MENDMENT TO TEXT.—Section 434 of the

6 Act (20 U.S.C. 1232c) is amended—

7 (A) by striking ‘‘Commissioner’’ each place

8 such term appears and inserting ‘‘Secretary’’;

9 (B) by redesignating the matter following

10 paragraph (3) of subsection (b) as subsection (c);

11 and

12 (C) in subsection (c) (as redesignated by

13 subparagraph (B)), by striking ‘‘paragraph (3)’’

14 and inserting ‘‘subsection (b)(3)’’.

15 (f) S ECTION 435.—Section 435 of the Act (20 U.S.C.

16 1232d) is amended—

17 (1) by striking ‘‘Commissioner’’ each place such

18 term appears and inserting ‘‘Secretary’’; and

19 (2) in subsection (a)—

20 (A) by striking the comma after ‘‘submits a

21 plan’’;

22 (B) by striking ‘‘, in the case of programs

23 under chapter 1 and chapter 2 of title I of the

24 Elementary and Secondary Education Act of

25 1965,’’; and
1315

•S 1513 RS

1 (C) by striking ‘‘title V of such Act’’ and in2 serting ‘‘part A of title V of the Elementary and

3 Secondary Education Act of 1965’’ before ‘‘title

4 V’’.

5 (g) S ECTION 436.—Section 436 of the Act (20 U.S.C.

6 1232e) is amended—

7 (1) in subsection (a), by striking ‘‘that local edu8 cation agency’’ and inserting ‘‘that local educational

9 agency’’; and

10 (2) in subsection (b)—

11 (A) in paragraph (2), by inserting a

12 comma after ‘‘program’’;

13 (B) in paragraph (4), by striking ‘‘Commis14 sioner’’ each place such term appears and insert15 ing ‘‘Secretary’’; and

16 (C) in paragraph (7)(B), by striking

17 ‘‘handicapped individuals’’ and inserting ‘‘indi18 viduals with disabilities’’.

19 (h) S ECTION 438.—Section 438 of the Act (20 U.S.C.

20 1232g) is amended—

21 (1) in subsection (a)(4)(B)(ii), by striking the

22 period and inserting a semicolon;

23 (2) in subsection (b)—

24 (A) in paragraph (1)(C), by striking ‘‘(iii)

25 an administrative head of an education agency
1316

•S 1513 RS

1 (as defined in section 408(c)), or (iv)’’ and in2 serting ‘‘or (iii)’’;

3 (B) in paragraph (1)(H), by striking

4 ‘‘1954’’ and inserting ‘‘1986’’; and

5 (C) in paragraph (3)—

6 (i) by striking ‘‘(C) an administrative

7 head of an education agency or (D)’’ and

8 inserting ‘‘or (C)’’; and

9 (ii) by striking ‘‘education program’’

10 and inserting ‘‘education programs’’;

11 (3) in subsection (d), by inserting a comma after

12 ‘‘education’’;

13 (4) in subsection (f)—

14 (A) by striking ‘‘, or an administrative

15 head of an education agency,’’;

16 (B) by striking ‘‘enforce provisions of this

17 section’’ and inserting ‘‘enforce this section’’;

18 (C) by striking ‘‘according to the provisions

19 of’’ and inserting ‘‘in accordance with’’; and

20 (D) by striking ‘‘comply with the provisions

21 of this section’’ and inserting ‘‘comply with this

22 section’’; and

23 (5) in subsection (g)—

24 (A) by striking ‘‘of Health, Education, and

25 Welfare’’; and
1317

•S 1513 RS

1 (B) by striking ‘‘the provisions of’’.

2 SEC. 249. REPEALS.

3 Sections 421 (20 U.S.C. 1230), 423 (20 U.S.C. 1231b),

4 424 (20 U.S.C. 1231b–1), 426 (20 U.S.C. 1231c), 426A (20

5 U.S.C. 1231c–1), and 429 (20 U.S.C. 1231f) of the Act are

6 repealed.

7 SEC. 250. EQUITY FOR STUDENTS, TEACHERS, AND OTHER

8 PROGRAM BENEFICIARIES.

9 Subpart 1 of part C of the Act (20 U.S.C. 1231 et

10 seq.) is further amended by inserting after section 425 the

11 following new section:

12 ‘‘EQUITY FOR STUDENTS, TEACHERS, AND OTHER

13 PROGRAM BENEFICIARIES

14 ‘‘SEC. 426. (a) The purpose of this section is to assist

15 the Department in implementing its mission to ensure

16 equal access to education and to promote educational excel17 lence throughout the Nation, by ensuring equal opportuni18 ties to participate for all eligible students, teachers and

19 other program beneficiaries in any project or activity car20 ried out under an applicable program and promoting the

21 ability of such students, teachers and beneficiaries to meet

22 high standards.

23 ‘‘(b) The Secretary shall require each applicant for as24 sistance under an applicable program (other than an indi25 vidual) to develop and describe in such applicant’s applica26 tion the steps such applicant proposes to take to ensure eq-
1318

•S 1513 RS

1 uitable access to, and equitable participation in, the project

2 or activity to be conducted with such assistance, by address3 ing the special needs of students, teachers, and other pro4 gram beneficiaries in order to overcome barriers to equitable

5 participation, including barriers based on gender, race,

6 color, national origin, disability, and age.

7 ‘‘(c) The Secretary may establish criteria and provide

8 technical assistance for meeting the requirements of this sec9 tion.

10 ‘‘(d) Nothing in this section shall be construed to alter

11 in any way the rights or responsibilities established under

12 the statutes cited in section 400(d) of this Act.’’.

13 PART E—ADVISORY COMMITTEES

14 SEC. 251. REPEAL.

15 Part D of the Act (20 U.S.C. 1233 et seq.) is repealed.

16 PART F—RELATED AMENDMENTS TO OTHER

17 ACTS

18 SEC. 261. DEPARTMENT OF EDUCATION ORGANIZATION

19 ACT.

20 (a) OFFICE OF PRIVATE EDUCATION.—Title II of the

21 Department of Education Organization Act (20 U.S.C.

22 3411 et seq.) is amended by adding at the end the following

23 new section:

24 ‘‘OFFICE OF PRIVATE EDUCATION

25 ‘‘SEC. 216. Subject to section 413, there shall be in the

26 Department an Office of Private Education to ensure the
1319

•S 1513 RS

1 maximum participation of nonpublic school students in all

2 applicable programs, as such term is defined in section

3 400(c)(1) of the General Education Provisions Act, for

4 which such children are eligible.’’.

5 (b) RULES; ACQUISITION AND MAINTENANCE OF PROP6 ERTY.—Part B of title IV of the Department of Education

7 Organization Act (20 U.S.C. 3471 et seq.) is amended—

8 (1) in section 414—

9 (A) by striking ‘‘(a)’’; and

10 (B) by striking subsection (b);

11 (2) in section 421, by inserting ‘‘and to accept

12 donations of services’’ after ‘‘personal,’’; and

13 (3) by repealing section 427.

14 PART G—CONFORMING AMENDMENTS

15 SEC. 271. THE REHABILITATION ACT OF 1973.

16 (a) S ECTION 9.—Section 9 of the Rehabilitation Act

17 of 1973 (29 U.S.C. 706) is repealed.

18 (b) S ECTION 100.—Section 100 of the Rehabilitation

19 Act of 1973 (29 U.S.C. 720) is amended by striking sub20 section (d).
1320

•S 1513 RS

1 TITLE III—AMENDMENTS TO

2 OTHER ACTS

3 PART A—AMENDMENTS TO THE INDIVIDUALS

4 WITH DISABILITIES EDUCATION ACT

5 SEC. 311. ALLOCATIONS UNDER SECTION 611 OF THE IDEA.

6 (a) MAXIMUM AMOUNT.—Subsection (a) of section 611

7 of the Individuals with Disabilities Education Act (here8 after in this part referred to as the ‘‘Act’’) (20 U.S.C.

9 1141(a)) is amended—

10 (1) by amending paragraph (1) to read as fol11 lows:

12 ‘‘(1) Except as provided in paragraph (5), the

13 maximum amount of the grant for which a State is

14 entitled under this section for any fiscal year is—

15 ‘‘(A) the sum of—

16 ‘‘(i) the number of children with dis17 abilities in the State, aged 6 through 21,

18 who are receiving special education and re19 lated services, as determined under para20 graph (3); and

21 ‘‘(ii) if the State is eligible for a grant

22 under section 619, the number of such chil23 dren in the State, aged 3 through 5; multi24 plied by
1321

•S 1513 RS

1 ‘‘(B) 40 percent of the average per-pupil ex2 penditure in public elementary and secondary

3 schools in the United States.’’;

4 (2) by amending paragraph (2) to read as fol5 lows:

6 ‘‘(2) For the purpose of this section, the term

7 ‘State’ means each of the 50 States, the District of Co8 lumbia, and the Commonwealth of Puerto Rico.’’; and

9 (3) in paragraph (5)(A)—

10 (A) in clause (i), by striking ‘‘and the

11 State’’ and inserting ‘‘, or the combined percent12 age of such children counted by the Secretary for

13 the purpose of making fiscal year 1994 alloca14 tions under this section and under subpart 2 of

15 part D of chapter 1 of title I of the Elementary

16 and Secondary Education Act of 1965 (as such

17 subpart was in existence on the day preceding

18 the date of enactment of the Improving Ameri19 ca’s Schools Act of 1994), whichever is greater, if

20 the State’’;

21 (B) in clause (ii)—

22 (i) by striking ‘‘and the State’’ and in23 serting ‘‘, or the combined percentage of

24 such children counted by the Secretary for

25 the purpose of making fiscal year 1994 allo-
1322

•S 1513 RS

1 cations under this section and under sub2 part 2 of part D of chapter 1 of title I of

3 the Elementary and Secondary Education

4 Act of 1965 (as such subpart was in exist5 ence on the day preceding the date of enact6 ment of the Improving America’s Schools

7 Act of 1994), whichever is greater, if the

8 State’’; and

9 (ii) by striking ‘‘; and’’ and inserting

10 a period; and

11 (C) by striking clause (iii).

12 (b) STATE USES.—Subsection (b) of section 611 of the

13 Act (20 U.S.C. 1141(b)) is amended to read as follows:

14 ‘‘(b)(1) Notwithstanding subsections (a) and (g), no

15 State shall receive an amount under this section for any

16 of the fiscal years 1995 through 1999 that is less than the

17 sum of the amount such State received for fiscal year 1994

18 under—

19 ‘‘(A) this section; and

20 ‘‘(B) subpart 2 of part D of chapter 1 of title I

21 of the Elementary and Secondary Education Act of

22 1965 (as such subpart was in existence on the day

23 preceding the date of enactment of the Improving

24 America’s Schools Act of 1994) for children with dis25 abilities aged 3 through 21.
1323

•S 1513 RS

1 ‘‘(2) If, for fiscal year 1998 or 1999, the number of

2 children determined under subsection (a)(3) for any State

3 is less than the total number of children with disabilities,

4 aged 3 through 21, counted for that State’s fiscal year 1994

5 grants under this section and under subpart 2 of part D

6 of chapter 1 of title I of the Elementary and Secondary

7 Education Act of 1965 (as such subpart was in existence

8 on the day preceding the date of enactment of the Improving

9 America’s Schools Act of 1994), then the amount determined

10 under paragraph (1) for that State shall be reduced by the

11 same percentage by which the number of those children so

12 declined.

13 ‘‘(3)(A) If the sums made available under this part

14 for any fiscal year are insufficient to pay the full amounts

15 that all States are eligible to receive under paragraphs (1)

16 and (2) for such year, the Secretary shall ratably reduce

17 the allocations to such States for such year.

18 ‘‘(B) If additional funds become available for making

19 payments under paragraphs (1) and (2) for such fiscal

20 year, allocations that were reduced under subparagraph (A)

21 shall be increased on the same basis as such allocations were

22 reduced.’’.

23 (c) D ISTRIBUTION.—Subsection (c) of section 611 of

24 the Act (20 U.S.C. 1141(c)) is amended—
1324

•S 1513 RS

1 (1) by amending paragraph (1) to read as fol2 lows:

3 ‘‘(1) Of the funds received under subsection (a)

4 by any State for any fiscal year—

5 ‘‘(A) a State may use not more than 25 per6 cent of such funds in accordance with paragraph

7 (2); and

8 ‘‘(B) except as provided in paragraph (4),

9 the State shall distribute at least 75 percent of

10 such funds to local educational agencies and in11 termediate educational units, in accordance with

12 subsection (d), for use in accordance with prior13 ities established under section 612(3).’’; and

14 (2) in paragraph (2), by amending subpara15 graph (A) to read as follows:

16 ‘‘(A) From the funds that any State may

17 use under paragraph (1)(A) for any fiscal year,

18 the State—

19 ‘‘(i) may use 5 percent of the funds re20 ceived under this section or $450,000,

21 whichever is greater, for administrative

22 costs related to carrying out sections 612

23 and 613; and

24 ‘‘(ii) shall use the remainder—
1325

•S 1513 RS

1 ‘‘(I) to provide support services

2 and direct services, subject to subpara3 graph (B), in accordance with prior4 ities established under section 612(3);

5 and

6 ‘‘(II) for the administrative costs

7 of monitoring and complaint investiga8 tion, but only to the extent that such

9 costs exceed the costs of administration

10 incurred during fiscal year 1985.’’.

11 (d) F ORMULA.—Subsection (d) of section 611 of the

12 Act (20 U.S.C. 1141(d)) is amended to read as follows:

13 ‘‘(d)(1) From the total amount of funds available for

14 any fiscal year under subsection (c)(1)(B), the State shall

15 provide to each local educational agency or intermediate

16 educational unit an amount that bears the same ratio to

17 such total amount as the number of children, aged 3 through

18 21, determined under subsection (a)(3) for such agency or

19 unit bears to the total number of such children determined

20 for all such agencies and units that apply for such funds.

21 ‘‘(2)(A) To the extent necessary, the State—

22 ‘‘(i) shall use funds available under subsection

23 (c)(2)(A)(ii) to ensure that each State agency that re24 ceived funds for fiscal year 1994 under subpart 2 of

25 part D of chapter 1 of title I of the Elementary and
1326

•S 1513 RS

1 Secondary Education Act of 1965 (as such subpart

2 was in existence on the day preceding the date of en3 actment of the Improving America’s Schools Act of

4 1994) receives, from the sum of such funds and funds

5 provided under paragraph (1), an amount equal to—

6 ‘‘(I) the number of children, aged 6 through

7 21, determined under subsection (a)(3) for such

8 agency; multiplied by

9 ‘‘(II) the per-child amount provided under

10 such subpart for fiscal year 1994; and

11 ‘‘(ii) shall use such funds to ensure that each

12 local educational agency that received funds for fiscal

13 year 1994 under such subpart for children who had

14 transferred from a State-operated or State-supported

15 school or program assisted under such subpart re16 ceives, from the sum of such funds and funds provided

17 under paragraph (1), an amount for each such child,

18 aged 3 through 21, determined under subsection (a)(3)

19 for such agency, equal to the per-child amount the

20 agency received under such subpart for fiscal year

21 1994.

22 ‘‘(B) For the purpose of subparagraph (A), the number

23 of children determined under subsection (a)(3) for any

24 State agency or local educational agency shall not exceed

25 the number of children aged 3 through 21 for whom such
1327

•S 1513 RS

1 agency received funds under such subpart for such fiscal

2 year.’’.

3 (e) J URISDICTIONS.—Paragraph (1) of section 611(e)

4 of the Act (20 U.S.C. 1141(e)(1)) is amended to read as

5 follows:

6 ‘‘(1) The jurisdictions to which this subsection

7 applies are Guam, American Samoa, the Virgin Is8 lands, the Commonwealth of the Northern Mariana

9 Islands, and Palau.’’.

10 (f) INSUFFICIENT APPROPRIATIONS.—Subsection (g) of

11 section 611 of the Act (20 U.S.C. 1141(g)) is amended to

12 read as follows:

13 ‘‘(g)(1)(A) If the sums appropriated under subsection

14 (h) for any fiscal year are not sufficient to pay in full the

15 total of the amounts that all States are eligible to receive

16 under subsection (a), each such amount shall be ratably re17 duced.

18 ‘‘(B) If additional funds become available for making

19 such payments for any fiscal year, such reduced amounts

20 shall be increased on the same basis as such payments were

21 reduced.

22 ‘‘(C) Any State that receives any such additional funds

23 shall distribute such funds in accordance with this section,

24 except that any State that has used funds available under
1328

•S 1513 RS

1 subsection (c)(2)(A)(ii) for the purposes described in sub2 section (d)(2) may—

3 ‘‘(i) deduct, from the amount that the State

4 would otherwise be required to make available to local

5 educational agencies and intermediate educational

6 units, the same amount of such additional funds as

7 the State so used; and

8 ‘‘(ii) use such funds in accordance with sub9 section (c)(2)(A)(ii).

10 ‘‘(2)(A) In any fiscal year for which payments have

11 been reduced and additional funds have not been made

12 available under paragraph (1) to pay in full the amounts

13 for which all States are eligible under this section, each

14 State educational agency shall fix dates by which each local

15 educational agency or intermediate educational unit shall

16 report to the State agency the amount of funds available

17 to such agency under this section that such agency estimates

18 such agency will expend.

19 ‘‘(B) The State educational agency shall, in accordance

20 with this section, reallocate any funds that the State edu21 cational agency determines will not be used during the pe22 riod of availability by local educational agencies and inter23 mediate educational units, and by any such agency or unit

24 to which such funds would be available if such agency or

25 unit applied for such funds under this part, to those local
1329

•S 1513 RS

1 educational agencies and intermediate educational units

2 that the State educational agency determines will need, and

3 be able to use, additional funds to carry out approved pro4 grams.’’.

5 SEC. 312. TREATMENT OF CHAPTER 1 STATE AGENCIES.

6 Part B of the Act (20 U.S.C. 1141 et seq.) is further

7 amended by inserting after section 614 the following new

8 section:

9 ‘‘TREATMENT OF CHAPTER 1 STATE AGENCIES

10 ‘‘SEC. 614A. (a) For the purpose of making payments

11 under sections 611 and 619 of this Act, any State agency

12 that received funds for fiscal year 1994 under subpart 2

13 of part D of chapter 1 of title I of the Elementary and

14 Secondary Education Act of 1965 (as such subpart was in

15 existence on the day preceding the date of enactment of the

16 Improving America’s Schools Act of 1994) shall be treated

17 as if the State agency were a local educational agency.

18 ‘‘(b) Any State agency which desires to receive pay19 ments under section 611(d) and section 619(c)(3) for any

20 fiscal year shall submit an application to the State edu21 cational agency. Such application shall—

22 ‘‘(1) include an assurance that all children with

23 disabilities who are participating in programs and

24 projects funded under this part receive a free appro25 priate public education, and that such children and
1330

•S 1513 RS

1 their parents are provided all the rights and proce2 dural safeguards described in this part; and

3 ‘‘(2) meet those requirements of section 614 that

4 the Secretary finds appropriate.

5 ‘‘(c) Section 611(c)(4) shall not apply with respect to

6 a State agency that is eligible for a payment under this

7 part by application of this section.’’.

8 SEC. 313. INFANTS AND TODDLERS WITH DISABILITIES.

9 (a) AMENDMENT.—Subsection (c) of section 684 of the

10 Act (20 U.S.C. 1484) is amended—

11 (1) by redesignating paragraph (2) as para12 graph (6);

13 (2) by amending paragraph (1) to read as fol14 lows:

15 ‘‘(1) Except as provided in paragraphs (3), (4),

16 and (5) from the funds remaining for each fiscal year

17 after the reservation and payments under subsections

18 (a) and (b), the Secretary shall first allot to each

19 State an amount that bears the same ratio to the

20 amount of such remainder as the number of infants

21 and toddlers in the State bears to the number of in22 fants and toddlers in all States.’’; and

23 (3) by inserting after paragraph (1) the follow24 ing new paragraphs:
1331

•S 1513 RS

1 ‘‘(2) For fiscal year 1995 only, the Secretary

2 shall allot $34,000,000 of the remaining funds de3 scribed in paragraph (1) among the States in propor4 tion to their relative numbers of infants and toddlers

5 with disabilities who—

6 ‘‘(A) are counted on December 1, 1994; and

7 ‘‘(B) would have been eligible to be counted

8 under section 1221(c)(1) of the Elementary and

9 Secondary Education Act of 1965 (as such sec10 tion was in effect on the day preceding the date

11 of the enactment of the Improving America’s

12 Schools Act of 1994).

13 ‘‘(3) Except as provided in paragraphs (4) and

14 (5), no State shall receive an amount under this sec15 tion for any fiscal year that is less than the greater

16 of—

17 ‘‘(A) one-half of one percent of the remain18 ing amount described in paragraph (1), exclud19 ing any amounts allotted under paragraph (2);

20 or

21 ‘‘(B) $500,000.

22 ‘‘(4)(A) Except as provided in paragraph (5), no

23 State shall receive an amount under this section for

24 any of the fiscal years 1995 through 1999 that is less
1332

•S 1513 RS

1 than the sum of the amount such State received for

2 fiscal year 1994 under—

3 ‘‘(i) this part; and

4 ‘‘(ii) subpart 2 of part D of chapter 1 of

5 title I of the Elementary and Secondary Edu6 cation Act of 1965 (as such subpart was in exist7 ence on the day preceding the date of enactment

8 of the Improving America’s Schools Act of 1994)

9 for children with disabilities from birth through

10 age 2.

11 ‘‘(B) If, for fiscal year 1998 or 1999, the number

12 of infants and toddlers in any State, as determined

13 under paragraph (1), is less than the number of in14 fants and toddlers so determined for fiscal year 1994,

15 the amount determined under subparagraph (A) for

16 that State shall be reduced by the same percentage by

17 which the number of those infants and toddlers so de18 clined.

19 ‘‘(5)(A) If the sums made available under this

20 part for any fiscal year are insufficient to pay the

21 full amounts that all States are eligible to receive

22 under this subsection for such year, the Secretary

23 shall ratably reduce the allocations to such States for

24 such year.
1333

•S 1513 RS

1 ‘‘(B) If additional funds become available for

2 making payments under this subsection for such fiscal

3 year, allocations that were reduced under subpara4 graph (A) shall be increased on the same basis as such

5 allocations were reduced.’’.

6 (b) EFFECTIVE DATE.—Subsection (a) and the amend7 ments made by subsection (a) shall take effect on October

8 1, 1994.

9 PART B—AMENDMENTS TO THE STEWART B.

10 MCKINNEY HOMELESS ASSISTANCE ACT

11 SEC. 321. STATE LITERACY INITIATIVES.

12 Section 702 of the Stewart B. McKinney Homeless As13 sistance Act (hereafter in this part referred to as ‘‘the Act’’)

14 (42 U.S.C. 11421) is amended to read as follows:

15 ‘‘STATE LITERACY INITIATIVES

16 ‘‘SEC. 702. (a) GENERAL AUTHORITY.—

17 ‘‘(1) GRANTS.—The Secretary of Education is

18 authorized to make grants to State educational agen19 cies to enable each such agency to implement, either

20 directly or through contracts and grants, a program

21 of literacy training and academic remediation for

22 adult homeless individuals within the State, which

23 program shall—

24 ‘‘(A) include outreach activities; and

25 ‘‘(B) be coordinated with other agencies or

26 organizations, such as community-based organi-
1334

•S 1513 RS

1 zations, nonprofit literacy-action organizations,

2 and recipients of funds under the Adult Edu3 cation Act, title II of the Job Training Partner4 ship Act, the Youth Fair Chance program under

5 part H of title IV of the Job Training Partner6 ship Act, the Volunteers in Service to America

7 program under part A of title I of the Domestic

8 Volunteer Service Act of 1973, part C of this

9 title, or the Job Opportunity and Basic Skills

10 program under part F of title IV of the Social

11 Security Act.

12 ‘‘(2) E STIMATES AND AMOUNTS.—The Secretary

13 of Education, in awarding grants under this section,

14 shall give special consideration to the estimates sub15 mitted in the application submitted under subsection

16 (b) and make such awards in whatever amounts such

17 Secretary determines will best serve the purposes of

18 this section.

19 ‘‘(b) APPLICATION.—Each State educational agency

20 desiring to receive a grant under this section shall submit

21 to the Secretary of Education an application at such time,

22 in such manner, and containing such information as the

23 Secretary may reasonably require. Each such application

24 shall include an estimate of the number of homeless individ-
1335

•S 1513 RS

1 uals in the State and the number of such individuals ex2 pected to be served.

3 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—For the

4 purpose of carrying out the adult literacy and academic

5 remediation programs authorized by this section, there are

6 authorized to be appropriated such sums as may be nec7 essary for each of the fiscal years 1995 through 1999.

8 ‘‘(d) D EFINITION.—As used in this section, the term

9 ‘State’ means each of the 50 States, the District of Colum10 bia, the Commonwealth of Puerto Rico, the Virgin Islands,

11 Guam, American Samoa, the Commonwealth of the North12 ern Mariana Islands, and Palau (until the effective date

13 of the Compact of Free Association with the Government

14 of Palau).’’.

15 SEC. 322. EDUCATION FOR HOMELESS CHILDREN AND

16 YOUTH.

17 Subtitle B of title VII of the Act (42 U.S.C. 11431 et

18 seq.) is amended to read as follows:

19 ‘‘Subtitle B—Education for Homeless Children and Youth

20 ‘‘STATEMENT OF POLICY

21 ‘‘SEC. 721. It is the policy of the Congress that—

22 ‘‘(1) each State educational agency shall ensure

23 that each child of a homeless individual and each

24 homeless youth has equal access to the same free, ap25 propriate public education, including a public pre-
1336

•S 1513 RS

1 school education, as provided to other children and

2 youth;

3 ‘‘(2) in any State that has a compulsory resi4 dency requirement as a component of the State’s com5 pulsory school attendance laws or other laws, regula6 tions, practices, or policies that may act as a barrier

7 to the enrollment, attendance, or success in school of

8 homeless children and youth, the State will review

9 and undertake steps to revise such laws, regulations,

10 practices, or policies to ensure that homeless children

11 and youth are afforded the same free, appropriate

12 public education as provided to other children and

13 youth;

14 ‘‘(3) homelessness alone should not be sufficient

15 reason to separate students from the mainstream

16 school environment; and

17 ‘‘(4) homeless children and youth should have ac18 cess to the education and other services that such chil19 dren and youth need to ensure that such children and

20 youth have an opportunity to meet the same challeng21 ing State student performance standards to which all

22 students are held.

23 ‘‘GRANTS FOR STATE AND LOCAL ACTIVITIES FOR THE

24 EDUCATION OF HOMELESS CHILDREN AND YOUTH

25 ‘‘SEC. 722. (a) G ENERAL AUTHORITY.—The Secretary

26 is authorized to make grants to States in accordance with
1337

•S 1513 RS

1 the provisions of this section to enable such States to carry

2 out the activities described in subsections (d), (e), (f), and

3 (g).

4 ‘‘(b) APPLICATION.—No State may receive a grant

5 under this section unless the State educational agency sub6 mits an application to the Secretary at such time, in such

7 manner, and containing or accompanied by such informa8 tion as the Secretary may reasonably require.

9 ‘‘(c) ALLOCATION AND RESERVATIONS.—(1) Subject to

10 paragraph (2) and section 724(c), from the amounts appro11 priated for each fiscal year under section 726, the Secretary

12 is authorized to allot to each State an amount that bears

13 the same ratio to the amount appropriated for such year

14 under section 726 as the amount allocated under section

15 1122 of the Elementary and Secondary Education Act of

16 1965 to the State for that year bears to the total amount

17 allocated under section 1122 to all States for that year, ex18 cept that no State shall receive less than $100,000.

19 ‘‘(2)(A) The Secretary is authorized to reserve 0.1 per20 cent of the amount appropriated for each fiscal year under

21 section 726 to be allocated by the Secretary among the Vir22 gin Islands, Guam, American Samoa, the Commonwealth

23 of the Northern Mariana Islands, and Palau (until the effec24 tive date of the Compact of Free Association with the Gov25 ernment of Palau), according to their respective need for
1338

•S 1513 RS

1 assistance under this subtitle, as determined by the Sec2 retary.

3 ‘‘(B)(i) The Secretary is authorized to transfer one

4 percent of the amount appropriated for each fiscal year

5 under section 726 to the Department of the Interior for pro6 grams for Indian students served by schools funded by the

7 Secretary of the Interior, as determined under the Indian

8 Self-Determination and Education Assistance Act, that are

9 consistent with the purposes of this Act.

10 ‘‘(ii) The Secretary and the Secretary of the Interior

11 shall enter into an agreement, consistent with the require12 ments of this part, for the distribution and use of the funds

13 described in clause (i) under terms that the Secretary deter14 mines best meet the purposes of the programs described in

15 such clause. Such agreement shall set forth the plans of the

16 Secretary of the Interior for the use of the amounts trans17 ferred, including appropriate goals, objectives and mile18 stones.

19 ‘‘(3) As used in this subsection, the term ‘State’ shall

20 not include the Virgin Islands, Guam, American Samoa,

21 the Commonwealth of the Northern Mariana Islands, or

22 Palau.

23 ‘‘(d) M ANDATED ACTIVITIES.—Grants under this sec24 tion shall be used—
1339

•S 1513 RS

1 ‘‘(1) to carry out the policies set forth in section

2 721 in the State;

3 ‘‘(2) to provide activities for, and services to,

4 homeless children, including preschool-aged children,

5 and homeless youth that enable such children and

6 youth to enroll in, attend, and succeed in school, or,

7 if appropriate, in preschool programs;

8 ‘‘(3) to establish or designate an Office of Coordi9 nator of Education of Homeless Children and Youth

10 in the State educational agency in accordance with

11 subsection (f);

12 ‘‘(4) to prepare and carry out the State plan de13 scribed in subsection (g); and

14 ‘‘(5) to develop and implement professional de15 velopment programs for school personnel to heighten

16 their awareness of, and capacity to respond to, spe17 cific problems in the education of homeless children

18 and youth.

19 ‘‘(e) STATE AND LOCAL GRANTS.—(1)(A) Subject to

20 subparagraph (B), if the amount allotted to the State edu21 cational agency for any fiscal year under this subtitle ex22 ceeds the amount such agency received for fiscal year 1990

23 under this subtitle, such agency shall use such funds as ex24 ceed the amount such agency received for fiscal year 1990
1340

•S 1513 RS

1 under this subtitle to provide grants to local educational

2 agencies in accordance with section 723.

3 ‘‘(B) The State educational agency may reserve not

4 more than the greater of 5 percent of the amount such agen5 cy receives under this subtitle for any fiscal year, or the

6 amount such agency received under this subtitle for fiscal

7 year 1990, to conduct activities under subsection (f) directly

8 or through grants or contracts.

9 ‘‘(2) If the amount allotted to a State educational

10 agency for any fiscal year under this subtitle is less than

11 the amount such agency received for fiscal year 1990 under

12 this subtitle, such agency, at such agency’s discretion, may

13 provide grants to local educational agencies in accordance

14 with section 723 or may conduct activities under subsection

15 (f) directly or through grants or contracts.

16 ‘‘(f) F UNCTIONS OF THE OFFICE OF COORDINATOR.—

17 The Coordinator of Education of Homeless Children and

18 Youth established in each State shall—

19 ‘‘(1) estimate the number of homeless children

20 and youth in the State and the number of such chil21 dren and youth served with assistance provided under

22 the grants or contracts under this subtitle;

23 ‘‘(2) gather, to the extent possible, reliable, valid,

24 and comprehensive information on the nature and ex25 tent of the problems homeless children and youth have
1341

•S 1513 RS

1 in gaining access to public preschool programs and to

2 public elementary and secondary schools, the difficul3 ties in identifying the special needs of such children

4 and youth, any progress made by the State edu5 cational agency and local educational agencies in the

6 State in addressing such problems and difficulties,

7 and the success of the program under this subtitle in

8 allowing homeless children and youth to enroll in, at9 tend, and succeed in, school;

10 ‘‘(3) develop and carry out the State plan de11 scribed in subsection (g);

12 ‘‘(4) prepare and submit to the Secretary not

13 later than October 1, 1997, and on October 1 of every

14 third year thereafter, a report on the information

15 gathered pursuant to paragraphs (1) and (2) and

16 such additional information as the Secretary may re17 quire to carry out the Secretary’s responsibilities

18 under this subtitle;

19 ‘‘(5) facilitate coordination between the State

20 educational agency, the State social services agency,

21 and other agencies providing services to homeless chil22 dren and youth, including homeless children and

23 youth who are preschool age, and families of such

24 children and youth; and
1342

•S 1513 RS

1 ‘‘(6) develop relationships and coordinate with

2 other relevant education, child development, or pre3 school programs and providers of services to homeless

4 children, homeless families, and runaway and home5 less youth (including domestic violence agencies, shel6 ter operators, transitional housing facilities, runaway

7 and homeless youth centers, and transitional living

8 programs for homeless youth), to improve the provi9 sion of comprehensive services to homeless children

10 and youth and their families.

11 ‘‘(g) STATE PLAN.—(1) Each State shall submit to the

12 Secretary a plan to provide for the education of homeless

13 children and youth within the State, which plan shall de14 scribe how such children and youth are or will be given

15 the opportunity to meet the same challenging State perform16 ance standards all students are expected to meet, shall de17 scribe the procedures the State educational agency will use

18 to identify such children and youth in the State and to as19 sess their special needs, and shall—

20 ‘‘(A) describe procedures for the prompt resolu21 tion of disputes regarding the educational placement

22 of homeless children and youth;

23 ‘‘(B) describe programs for school personnel (in24 cluding principals, attendance officers, teachers and

25 enrollment personnel), to heighten the awareness of
1343

•S 1513 RS

1 such personnel of the specific needs of runaway and

2 homeless youth;

3 ‘‘(C) describe procedures that ensure that home4 less children and youth who meet the relevant eligi5 bility criteria are able to participate in Federal,

6 State, or local food programs;

7 ‘‘(D) describe procedures that ensure that—

8 ‘‘(i) homeless children have equal access to

9 preschool programs provided to other children;

10 and

11 ‘‘(ii) homeless children and youth who meet

12 the relevant eligibility criteria are able to par13 ticipate in Federal, State, or local before- and

14 after-school care programs;

15 ‘‘(E) address problems set forth in the report

16 provided to the Secretary under subsection (f)(4);

17 ‘‘(F) address other problems with respect to the

18 education of homeless children and youth, including

19 problems caused by—

20 ‘‘(i) transportation issues; and

21 ‘‘(ii) enrollment delays that are caused by—

22 ‘‘(I) immunization requirements;

23 ‘‘(II) residency requirements;

24 ‘‘(III) lack of birth certificates, school

25 records, or other documentation; or
1344

•S 1513 RS

1 ‘‘(IV) guardianship issues;

2 ‘‘(G) demonstrate that the State educational

3 agency and local educational agencies in the State

4 have developed, and will review and revise, policies to

5 remove barriers to the enrollment and retention of

6 homeless children and youth in schools in the State;

7 and

8 ‘‘(H) contain an assurance that the State edu9 cational agency and local educational agencies in the

10 State will adopt policies and practices to ensure that

11 homeless children and youth are not isolated or

12 stigmatized.

13 ‘‘(2) Each plan adopted under this subsection shall

14 also show how the State will ensure that local educational

15 agencies in the State will comply with the requirements of

16 paragraphs (3) through (9).

17 ‘‘(3)(A) The local educational agency of each homeless

18 child and youth shall, according to the child’s or youth’s

19 best interest, either—

20 ‘‘(i) continue the child’s or youth’s education in

21 the school of origin—

22 ‘‘(I) for the remainder of the academic year;

23 or
1345

•S 1513 RS

1 ‘‘(II) in any case in which a family be2 comes homeless between academic years, for the

3 following academic year; or

4 ‘‘(ii) enroll the child or youth in any school that

5 nonhomeless students who live in the attendance area

6 in which the child or youth is actually living are eli7 gible to attend.

8 ‘‘(B) In determining the best interests of the child or

9 youth under subparagraph (A), the local educational agency

10 shall comply, to the extent feasible, with the request made

11 by a parent or guardian regarding school selection.

12 ‘‘(C) For purposes of this paragraph, the term ‘school

13 of origin’ means the school that the child or youth attended

14 when permanently housed, or the school in which the child

15 or youth was last enrolled.

16 ‘‘(D) The choice regarding placement shall be made re17 gardless of whether the child or youth lives with the homeless

18 parents or has been temporarily placed elsewhere by the

19 parents.

20 ‘‘(4) Each homeless child or youth shall be provided

21 services comparable to services offered to other students in

22 the school selected according to the provisions of paragraph

23 (3), including—

24 ‘‘(A) transportation services, except as required

25 by paragraph (9);
1346

•S 1513 RS

1 ‘‘(B) educational services for which the child or

2 youth meets the eligibility criteria, such as services

3 provided under title I of the Elementary and Second4 ary Education Act of 1965 or similar State or local

5 programs, educational programs for children with

6 disabilities, and educational programs for students

7 with limited-English proficiency;

8 ‘‘(C) programs in vocational education;

9 ‘‘(D) programs for gifted and talented students;

10 and

11 ‘‘(E) school meals programs.

12 ‘‘(5) Any record ordinarily kept by the school, includ13 ing immunization records, academic records, birth certifi14 cates, guardianship records, and evaluations for special

15 services or programs, of each homeless child or youth shall

16 be maintained—

17 ‘‘(A) so that the records are available, in a time18 ly fashion, when a child or youth enters a new school

19 district; and

20 ‘‘(B) in a manner consistent with section 438 of

21 the General Education Provisions Act.

22 ‘‘(6) Each local educational agency serving homeless

23 children and youth that receives assistance under this sub24 title shall coordinate with local social services agencies and
1347

•S 1513 RS

1 other agencies or programs providing services to such chil2 dren or youth and their families.

3 ‘‘(7)(A) Each local educational agency that receives as4 sistance under this subtitle shall designate a homelessness

5 liaison to ensure that—

6 ‘‘(i) homeless children and youth enroll and suc7 ceed in the schools of that agency; and

8 ‘‘(ii) homeless families, children, and youth re9 ceive educational services for which such children and

10 youth are eligible, including preschool programs, and

11 referrals to health care services, dental services, men12 tal health services, and other appropriate services.

13 ‘‘(B) State coordinators and local educational agencies

14 shall inform school personnel, service providers, and advo15 cates working with homeless families of the duties of the

16 liaisons.

17 ‘‘(8) Each State educational agency and local edu18 cational agency shall review and revise any policies that

19 may act as barriers to the enrollment of homeless children

20 and youth in schools selected in accordance with paragraph

21 (3). In reviewing and revising such policies, consideration

22 shall be given to issues concerning transportation, immuni23 zation, residency, birth certificates, school records, and other

24 documentation, and guardianship. Special attention shall

25 be given to ensuring the enrollment and attendance of home-
1348

•S 1513 RS

1 less children and youth who are not currently attending

2 school.

3 ‘‘(9) Each plan adopted under this subsection shall—

4 ‘‘(A) demonstrate that transportation, to the ex5 tent possible, will be provided at no cost to homeless

6 children and youth attending the school in which such

7 children are enrolled; and

8 ‘‘(B) contain procedures for resolving disputes

9 between local educational agencies or within a local

10 educational agency concerning transportation costs

11 for such children and youth.

12 ‘‘(10) Where applicable, each State and local edu13 cational agency shall coordinate with State and local hous14 ing agencies responsible for developing the comprehensive

15 housing affordability strategy described in section 105 of

16 the Cranston-Gonzalez National Affordable Housing Act to

17 minimize educational disruption for children who become

18 homeless.

19 ‘‘LOCAL EDUCATIONAL AGENCY GRANTS FOR THE

20 EDUCATION OF HOMELESS CHILDREN AND YOUTH

21 ‘‘SEC. 723. (a) G ENERAL AUTHORITY.—(1) The State

22 educational agency shall, in accordance with section 722(e)

23 and from amounts made available to such agency under

24 section 726, make grants to local educational agencies for

25 the purpose of facilitating the enrollment, attendance, and

26 success in school of homeless children and youth.
1349

•S 1513 RS

1 ‘‘(2) Unless otherwise specified, services under para2 graph (1) may be provided through programs on school

3 grounds or at other facilities. Where services are provided

4 through programs on school grounds, such services may also

5 be made available to children and youth who are deter6 mined by the local educational agency to be at risk of fail7 ing in, or dropping out of, schools, except that priority for

8 such services shall be given to homeless children and youth.

9 To the maximum extent practicable, services shall be pro10 vided through existing programs and mechanisms that inte11 grate homeless individuals with nonhomeless individuals.

12 ‘‘(3) Services provided under this section shall be de13 signed to expand upon or improve services provided as part

14 of the school’s regular academic program.

15 ‘‘(b) A PPLICATION.—A local educational agency that

16 desires to receive a grant under this section shall submit

17 an application to the State educational agency at such

18 time, in such manner, and containing or accompanied by

19 such information as the State educational agency may rea20 sonably require according to guidelines issued by the Sec21 retary. Each such application shall include—

22 ‘‘(1) a description of the services and programs

23 for which assistance is sought and the problems to be

24 addressed through the provision of such services and

25 programs;
1350

•S 1513 RS

1 ‘‘(2) an assurance that the local educational

2 agency’s combined fiscal effort per student or the ag3 gregate expenditures of that agency and the State

4 with respect to the provision of free public education

5 by that agency for the preceding fiscal year was not

6 less than 90 percent of such combined fiscal effort or

7 aggregate expenditures for the second preceding fiscal

8 year;

9 ‘‘(3) an assurance that the applicant complies

10 with, or will use requested funds to come into compli11 ance with, paragraphs (3) through (9) of section

12 722(g); and

13 ‘‘(4) a description of policies and procedures that

14 the agency will implement to ensure that activities

15 carried out by the agency will not isolate or stig16 matize homeless children and youth.

17 ‘‘(c) AWARDS.—(1) The State educational agency

18 shall, in accordance with section 722(g) and from amounts

19 made available to such agency under section 726, award

20 grants under this section to local educational agencies sub21 mitting an application under subsection (b) on the basis

22 of the need of such agencies.

23 ‘‘(2) In determining need under paragraph (1), the

24 State educational agency may consider the number of home25 less children and youth enrolled in preschool, elementary,
1351

•S 1513 RS

1 and secondary schools within the area served by the agency,

2 and shall consider the needs of such children and youth and

3 the ability of the agency to meet such needs. Such agency

4 may also consider—

5 ‘‘(A) the extent to which the proposed use of

6 funds would facilitate the enrollment, retention, and

7 educational success of homeless children and youth;

8 ‘‘(B) the extent to which the application reflects

9 coordination with other local and State agencies that

10 serve homeless children and youth, as well as the

11 State plan required by section 722(g);

12 ‘‘(C) the extent to which the applicant exhibits in

13 the application and in current practice a commit14 ment to education for all homeless children and

15 youth; and

16 ‘‘(D) such other criteria as the agency determines

17 appropriate.

18 ‘‘(3) Grants awarded under this section shall be for

19 terms not to exceed three years.

20 ‘‘(d) AUTHORIZED ACTIVITIES.—(1) A local edu21 cational agency may use funds awarded under this section

22 for activities to carry out the purpose of this subtitle, in23 cluding—

24 ‘‘(A) the provision of tutoring, supplemental in25 struction, and enriched educational services that are
1352

•S 1513 RS

1 linked to the achievement of the same challenging

2 State content standards and challenging State student

3 performance standards the State establishes for other

4 children or youth;

5 ‘‘(B) the provision of expedited evaluations of the

6 strengths and needs of homeless children and youth,

7 including needs and eligibility for programs and serv8 ices (such as educational programs for gifted and tal9 ented students, children with disabilities, and stu10 dents with limited-English proficiency, services pro11 vided under title I of the Elementary and Secondary

12 Education Act of 1965 or similar State or local pro13 grams, programs in vocational education, and school

14 meals programs);

15 ‘‘(C) professional development and other activi16 ties for educators and pupil services personnel that

17 are designed to heighten the understanding and sen18 sitivity of such personnel to the needs of homeless chil19 dren and youth, the rights of such children and youth

20 under this Act, and the specific educational needs of

21 runaway and homeless youth;

22 ‘‘(D) the provision of referral services to homeless

23 children and youth for medical, dental, mental, and

24 other health services;
1353

•S 1513 RS

1 ‘‘(E) the provision of assistance to defray the ex2 cess cost of transportation for students pursuant to

3 sections 722(g)(4) or 722(g)(9), not otherwise pro4 vided through Federal, State, or local funding, where

5 necessary to enable students to attend the school se6 lected under section 722(g)(3);

7 ‘‘(F) the provision of developmentally appro8 priate early childhood education programs, not other9 wise provided through Federal, State, or local fund10 ing, for preschool-aged children;

11 ‘‘(G) the provision of before- and after-school and

12 summer enrichment programs for homeless children

13 and youth in which a teacher or other qualified indi14 vidual provides tutoring, homework assistance, and

15 supervision of educational activities;

16 ‘‘(H) where necessary, the payment of fees and

17 other costs associated with tracking, obtaining, and

18 transferring records necessary to enroll homeless chil19 dren and youth in school, including birth certificates,

20 immunization records, academic records, guardian21 ship records, and evaluations for special programs or

22 services;

23 ‘‘(I) the provision of education and training to

24 the parents of homeless children and youth about the
1354

•S 1513 RS

1 rights of, and resources available to, such children

2 and youth;

3 ‘‘(J) the development of coordination between

4 schools and agencies providing services to homeless

5 children and youth;

6 ‘‘(K) the provision of pupil services (including

7 violence prevention counseling) and referrals for such

8 services;

9 ‘‘(L) activities to address the particular needs of

10 homeless children and youth that may arise from do11 mestic violence;

12 ‘‘(M) the adaptation of space and purchase of

13 supplies for nonschool facilities made available under

14 subsection (a)(2) to provide services under this sub15 section;

16 ‘‘(N) the provision of school supplies to be dis17 tributed at shelters or temporary housing facilities, or

18 other appropriate locations; and

19 ‘‘(O) the provision of other extraordinary or

20 emergency assistance needed to enable homeless chil21 dren and youth to attend school.

22 ‘‘SECRETARIAL RESPONSIBILITIES

23 ‘‘SEC. 724. (a) R EVIEW OF PLANS.—In reviewing the

24 State plans submitted by the State educational agencies

25 under section 722(g), the Secretary shall use a peer review

26 process and shall evaluate whether State laws, policies, and
1355

•S 1513 RS

1 practices described in such plans adequately address the

2 problems of homeless children and youth relating to access

3 to education and placement as described in such plans.

4 ‘‘(b) TECHNICAL ASSISTANCE.—The Secretary shall

5 provide support and technical assistance to the State edu6 cational agencies to assist such agencies to carry out their

7 responsibilities under this subtitle.

8 ‘‘(c) EVALUATION AND DISSEMINATION.—The Sec9 retary shall conduct evaluation and dissemination activi10 ties of programs designed to meet the educational needs of

11 homeless elementary and secondary school students, and

12 may use funds appropriated under section 726 to conduct

13 such activities.

14 ‘‘(d) REPORTS.—The Secretary shall prepare and sub15 mit a report to Congress on the programs and activities

16 authorized by this subtitle by December 31, 1997, and every

17 third year thereafter.

18 ‘‘DEFINITIONS

19 ‘‘SEC. 725. For the purpose of this subtitle, the follow20 ing terms have the following meanings:

21 ‘‘(1) The term ‘Secretary’ means the Secretary of

22 Education.

23 ‘‘(2) The term ‘State’ means each of the 50

24 States, the District of Columbia, and the Common25 wealth of Puerto Rico.
1356

•S 1513 RS

1 ‘‘AUTHORIZATION OF APPROPRIATIONS

2 ‘‘SEC. 726. For the purpose of carrying out this sub3 title, there are authorized to be appropriated $30,000,000

4 for fiscal year 1995 and such sums as may be necessary

5 for each of the 4 succeeding fiscal years.’’.

6 PART C—REPEAL OF IMPACT AID STATUTES

7 SEC. 331. REPEAL OF IMPACT AID STATUTES.

8 (a) P UBLIC LAW 81–815.—The Act entitled ‘‘An Act

9 relating to the construction of school facilities in areas af10 fected by Federal activities, and for other purposes’’, ap11 proved September 23, 1950 (64 Stat. 967; 20 U.S.C. 631

12 et seq.) is repealed.

13 (b) P UBLIC LAW 81–874.—The Act entitled ‘‘An Act

14 to provide assistance for local educational agencies in areas

15 affected by Federal activities, and for other purposes’’, ap16 proved September 30, 1950 (64 Stat. 1100; 20 U.S.C. 236

17 et seq.) is repealed.

18 PART D—OTHER ACTS

19 SEC. 341. GOALS 2000: EDUCATE AMERICA ACT.

20 (a) REPEALS.—Sections 231, 232, 234, and 235 of the

21 Goals 2000: Educate America Act are repealed.

22 (b) GIFT AUTHORITY.—

23 (1) N ATIONAL EDUCATION GOALS PANEL.—Sec24 tion 204 of the Goals 2000: Educate America Act is
1357

•S 1513 RS

1 amended by adding at the end the following new sub2 section:

3 ‘‘(f) GIFTS.—The Goals Panel may accept, administer,

4 and utilize gifts or donations of services, money, or prop5 erty, whether real or personal, tangible or intangible.’’.

6 (2) N ATIONAL EDUCATION STANDARDS AND IM7 PROVEMENT COUNCIL.—Section 215 of the Goals

8 2000: Educate America Act is amended by adding at

9 the end the following new subsection:

10 ‘‘(f) GIFTS.—The Council may accept, administer, and

11 utilize gifts or donations of services, money, or property,

12 whether real or personal, tangible or intangible.’’.

13 (c) S AFE SCHOOLS.—Paragraph (2) of section 702(b)

14 of the Safe Schools Act of 1994 (20 U.S.C. 5962(b)(2)) is

15 amended by striking ‘‘10 percent’’ and inserting ‘‘5 per16 cent’’.

17 SEC. 342. EDUCATION COUNCIL ACT OF 1991.

18 Title II of the Education Council Act of 1991 (20

19 U.S.C. 1221–1 note) is repealed.

20 SEC. 343. AUGUSTUS F. HAWKINS-ROBERT T. STAFFORD EL21 EMENTARY AND SECONDARY SCHOOL IM22 PROVEMENT AMENDMENTS OF 1988.

23 Title IV of the Augustus F. Hawkins-Robert T. Staf24 ford Elementary and Secondary School Improvement

25 Amendments of 1988 (20 U.S.C. 4901 et seq.) is repealed.
1358

•S 1513 RS

1 TITLE IV—MISCELLANEOUS

2 SEC. 401. DOCUMENTS TRANSMITTED TO CONGRESS.

3 In documents transmitted to Congress explaining the

4 President’s budget request for the Special Education ac5 count, the Department of Education shall display amounts

6 included in the request to offset the termination of part D

7 of chapter 1 of title I of the Elementary and Secondary

8 Education Act of 1965 by the Improving America’s Schools

9 Act of 1994.

10 TITLE V—WORKERS TECH11 NOLOGY SKILL DEVELOP12 MENT

13 SEC. 501. SHORT TITLE.

14 This title may be cited as the ‘‘Workers Technology

15 Skill Development Act’’.

16 SEC. 502. FINDINGS.

17 Congress finds and declares the following:

18 (1) In an increasingly competitive world econ19 omy, the companies and nations that lead in the

20 rapid development, commercialization, and applica21 tion of new and advanced technologies, and in the

22 high-quality, competitively priced production of goods

23 and services, will lead in economic growth, employ24 ment, and high living standards.
1359

•S 1513 RS

1 (2) While the United States remains the world

2 leader in science and invention, it has not done well

3 in rapidly making the transition from achievement in

4 its research laboratories to high-quality, competitively

5 priced production of goods and services. This lag and

6 the unprecedented competitive challenge that the

7 United States has faced from abroad have contributed

8 to a drop in real wages and living standards.

9 (3) Companies that are successfully competitive

10 in the rapid development, commercialization, applica11 tion, and implementation of advanced technologies,

12 and in the successful delivery of goods and services,

13 recognize that worker participation and labor-man14 agement cooperation in the deployment, application,

15 and implementation of advanced workplace tech16 nologies make an important contribution to high17 quality, competitively priced production of goods and

18 services and in maintaining and improving real

19 wages for workers.

20 (4) The Federal Government has an important

21 role in encouraging and augmenting private sector ef22 forts relating to the development, application, manu23 facture, and deployment of new and advanced tech24 nologies. The role should be to—
1360

•S 1513 RS

1 (A) work with private companies, States,

2 worker organizations, nonprofit organizations,

3 and institutions of higher education to ensure the

4 development, application, production, and imple5 mentation of new and advanced technologies to

6 promote the improvement of workers’ skills,

7 wages, job security, and working conditions, and

8 a healthy environment;

9 (B) encourage worker and worker organiza10 tion participation in the development, commer11 cialization, evaluation, selection, application,

12 and implementation of new and advanced tech13 nologies in the workplace; and

14 (C) promote the use and integration of new

15 and advanced technologies in the workplace that

16 enhance workers’ skills.

17 (5) In working with the private sector to pro18 mote the technological leadership and economic

19 growth of the United States, the Federal Government

20 has a responsibility to ensure that Federal technology

21 programs help the United States to remain competi22 tive and to maintain and improve living standards

23 and to create and retain secure jobs in economically

24 stable communities.
1361

•S 1513 RS

1 SEC. 503. PURPOSES.

2 The purposes of this title are to—

3 (1) improve the ability of workers and worker or4 ganizations to recognize, develop, assess, and improve

5 strategies for successfully integrating workers and

6 worker organizations into the process of evaluating,

7 selecting, and implementing advanced workplace tech8 nologies, and advanced workplace practices in a man9 ner that creates and maintains stable well-paying

10 jobs for workers; and

11 (2) assist workers and worker organizations in

12 developing the expertise necessary for effective partici13 pation with employers in the development of strate14 gies and programs for the successful evaluation, selec15 tion, and implementation of advanced workplace tech16 nologies and advanced workplace practices through

17 the provision of a range of education, training, and

18 related services.

19 SEC. 504. DEFINITIONS.

20 As used in this title:

21 (1) ADVANCED WORKPLACE PRACTICES.—The

22 term ‘‘advanced workplace practices’’ means innova23 tions in work organization and performance, includ24 ing high-performance workplace systems, flexible pro25 duction techniques, quality programs, continuous im26 provement, concurrent engineering, close relationships
1362

•S 1513 RS

1 between suppliers and customers, widely diffused deci2 sionmaking and work teams, and effective integration

3 of production technology, worker skills and training,

4 and workplace organization, and such other charac5 teristics as determined appropriate by the Secretary

6 of Labor, in consultation with the Secretary of Com7 merce.

8 (2) ADVANCED WORKPLACE TECHNOLOGIES.—

9 The term ‘‘advanced workplace technologies’’ in10 cludes—

11 (A) numerically controlled machine tools,

12 robots, automated process control equipment,

13 computerized flexible manufacturing systems, as14 sociated computer software, and other technology

15 for improving the manufacturing and industrial

16 production of goods and commercial services,

17 which advance the state-of-the-art; or

18 (B) novel industrial and commercial tech19 niques and processes not previously generally

20 available that improve quality, productivity, and

21 practices, including engineering design, quality

22 assurance, concurrent engineering, continuous

23 process production technology, inventory man24 agement, upgraded worker skills, communica-
1363

•S 1513 RS

1 tions with customers and suppliers, and pro2 motion of sustainable economic growth.

3 (3) DEPARTMENT.—The term ‘‘Department’’

4 means the Department of Labor.

5 (4) NONPROFIT ORGANIZATION.—The term ‘‘non6 profit organization’’ means a tax-exempt organiza7 tion, as described in paragraph (3), (4), or (5) of sec8 tion 501(c) of the Internal Revenue Code of 1986.

9 (5) S ECRETARY.—The term ‘‘Secretary’’ means

10 the Secretary of Labor.

11 (6) W ORKER ORGANIZATION.—The term ‘‘worker

12 organization’’ means a labor organization within the

13 meaning of section 501(c)(5) of the Internal Revenue

14 Code of 1986.

15 SEC. 505. GRANTS.

16 (a) I N GENERAL.—The Secretary of Labor, after con17 sultation with the Secretary of Commerce, shall, to the ex18 tent appropriations are available, award grants to eligible

19 entities to carry out the purposes described in section 503.

20 (b) E LIGIBILITY.—To be eligible to receive a grant

21 under this section, an entity shall—

22 (1) be a nonprofit organization, or a partnership

23 consortium of such institutions or organizations;

24 (2) prepare and submit to the Secretary an ap25 plication at such time, in such manner, and contain-
1364

•S 1513 RS

1 ing such information as the Secretary may require,

2 including a description of the activities that the en3 tity will carry out using amounts received under the

4 grant; and

5 (3) agree to make available (directly or through

6 donations from public or private entities) non-Federal

7 contributions toward the costs of the activities to be

8 conducted with grant funds, in an amount equal to

9 the amount required under subsection (d).

10 (c) U SE OF AMOUNTS.—An entity shall use amounts

11 received under a grant awarded under this section to carry

12 out the purposes described in section 503 through activities

13 such as—

14 (1) the dissemination of information to workers,

15 worker organizations, employers, State economic de16 velopment agencies, State industrial extension pro17 grams, Advanced Technology Centers, and National

18 Manufacturing Technology Centers regarding success19 ful practices relating to the effective deployment of

20 advanced workplace technologies, and advanced work21 place practices;

22 (2) the provision of technical assistance to work23 ers, worker organizations, employers, State economic

24 development agencies, State industrial extension pro25 grams, Advanced Technology Centers, and National
1365

•S 1513 RS

1 Manufacturing Technology Centers to identify ad2 vanced workplace practices and strategies that en3 hance the effective evaluation, selection, and imple4 mentation of advanced workplace technologies;

5 (3) the researching and identification of new and

6 advanced workplace technologies, and advanced work7 place practices that promote the improvement of

8 workers’ skills, wages, working conditions, and job se9 curity, that research the link between advanced work10 place practices and long-term corporate performance,

11 and that are consistent with the needs of local com12 munities and the need for a healthy environment; and

13 (4) the development and dissemination of train14 ing programs and materials relating to the services

15 provided pursuant to paragraphs (1) through (3).

16 (d) TERMS OF GRANTS AND NON-FEDERAL SHARES.—

17 (1) T ERMS.—Grants awarded under this section

18 shall be for a term not to exceed 6 years.

19 (2) NON-FEDERAL SHARE.—Amounts required to

20 be contributed by an entity under subsection (b)(3)

21 shall equal—

22 (A) an amount equal to 15 percent of the

23 amount provided under the grant in the first

24 year for which the grant is awarded;
1366

•S 1513 RS

1 (B) an amount equal to 20 percent of the

2 amount provided under the grant in the second

3 year for which the grant is awarded;

4 (C) an amount equal to 33 percent of the

5 amount provided under the grant in the third

6 year for which the grant is awarded;

7 (D) an amount equal to 40 percent of the

8 amount provided under the grant in the fourth

9 year for which the grant is awarded; and

10 (E) an amount equal to 50 percent of the

11 amount provided under the grant in the fifth

12 and sixth years for which the grant is awarded.

13 (e) EVALUATION.—The Department shall develop

14 mechanisms for evaluating the effectiveness of the use of a

15 grant awarded under this section in carrying out the pur16 poses under section 503 and, not later than 2 years after

17 the date of enactment of this Act, and every 2 years there18 after, prepare and submit a report to Congress concerning

19 such evaluation.

20 SEC. 506. IDENTIFICATION AND DISSEMINATION OF BEST

21 PRACTICES.

22 (a) IN GENERAL.—

23 (1) I NFORMATION.—The Secretary, in coopera24 tion and after consultation with the Secretary of

25 Commerce, shall assist workers, worker organizations,
1367

•S 1513 RS

1 and employers in successfully adopting advanced

2 workplace technologies, and advanced workplace prac3 tices by identifying, collecting, and disseminating in4 formation on best workplace practices and workplace

5 assessment tools, including—

6 (A) methods, techniques, and successful

7 models of labor-management cooperation and of

8 worker and worker organization participation in

9 the development, evaluation, selection, and im10 plementation of new and advanced workplace

11 technologies, and advanced workplace practices;

12 (B) methods, techniques, and successful

13 models for the design and implementation of new

14 and advanced workplace practices;

15 (C) methods, techniques, and successful

16 models for the design and implementation of ad17 vanced forms of work organization; and

18 (D) methods, techniques, and successful

19 models for the assessment of worker skills and

20 training needs relating to the effective develop21 ment, evaluation, selection, and implementation

22 of advanced workplace technologies, and ad23 vanced workplace practices.

24 (2) CONTENTS.—Such information on best work25 place practices shall include—
1368

•S 1513 RS

1 (A) summaries and analyses of best practice

2 cases;

3 (B) criteria for assessment of current work4 place practices; and

5 (C) information on the best available edu6 cation and training materials and services relat7 ing to the development, implementation, and op8 eration of systems utilizing new and advanced

9 workplace technologies, and advanced workplace

10 practices.

11 (b) D ISTRIBUTION.—The information and materials

12 developed under this section shall be distributed through an

13 appropriate entity designated by the Secretary of Commerce

14 to the Regional Centers for the Transfer of Manufacturing

15 Technology, to the Manufacturing Outreach Center, to other

16 technology training entities, and directly to others as deter17 mined appropriate by the Secretary of Labor and the Sec18 retary of Commerce.

19 SEC. 507. AUTHORIZATION OF APPROPRIATIONS.

20 (a) I N GENERAL.—There are authorized to be appro21 priated to carry out this title such sums as may be nec22 essary for each of the fiscal years 1995 through 1997.

23 (b) AVAILABILITY.—Amounts appropriated under sub24 section (a) shall remain available until expended.

S 1513 RS——2
1369

•S 1513 RS

S 1513 RS——3

S 1513 RS——4

S 1513 RS——5

S 1513 RS——6

S 1513 RS——7

S 1513 RS——8

S 1513 RS——9

S 1513 RS——10

S 1513 RS——11

S 1513 RS——12

S 1513 RS——13

S 1513 RS——14

S 1513 RS——15

S 1513 RS——16

S 1513 RS——17

S 1513 RS——18

S 1513 RS——19

S 1513 RS——20

S 1513 RS——21

S 1513 RS——22

S 1513 RS——23

S 1513 RS——24

S 1513 RS——25

S 1513 RS——26

S 1513 RS——27
1370

•S 1513 RS

S 1513 RS——28

S 1513 RS——29

S 1513 RS——30

S 1513 RS——31

S 1513 RS——32

S 1513 RS——33

S 1513 RS——34

S 1513 RS——35

S 1513 RS——36

S 1513 RS——37

S 1513 RS——38

S 1513 RS——39

S 1513 RS——40

S 1513 RS——41

S 1513 RS——42

S 1513 RS——43

S 1513 RS——44

S 1513 RS——45

S 1513 RS——46

S 1513 RS——47

S 1513 RS——48

S 1513 RS——49

S 1513 RS——50

S 1513 RS——51

S 1513 RS——52
1371

•S 1513 RS

S 1513 RS——53

S 1513 RS——54

S 1513 RS——55

S 1513 RS——56

S 1513 RS——57

S 1513 RS——58

S 1513 RS——59

S 1513 RS——60

S 1513 RS——61

S 1513 RS——62

S 1513 RS——63

S 1513 RS——64

S 1513 RS——65

S 1513 RS——66

S 1513 RS——67

S 1513 RS——68

S 1513 RS——69

S 1513 RS——70

S 1513 RS——71

S 1513 RS——72

S 1513 RS——73

S 1513 RS——74

S 1513 RS——75

S 1513 RS——76

S 1513 RS——77
1372

•S 1513 RS

S 1513 RS——78

S 1513 RS——79

S 1513 RS——80

S 1513 RS——81

S 1513 RS——82

S 1513 RS——83

S 1513 RS——84

S 1513 RS——85

S 1513 RS——86

S 1513 RS——87

S 1513 RS——88