II

103D CONGRESS

1ST SESSION S. 1513

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

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:

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.
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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.

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

24 on October 1, 1994.
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1 (b) TRANSITION.—Notwithstanding any other provi2 sion of law, a recipient of funds under the Elementary and

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

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

5 under such predecessor authority to carry out necessary

6 and reasonable planning and transition activities in order

7 to ensure a smooth implementation of programs author8 ized by this Act.

9 TITLE I—AMENDMENTS TO THE ELEMENTARY

10 AND SECONDARY EDUCATION ACT OF 1965

11 AMENDMENTS TO THE ELEMENTARY AND SECONDARY

12 EDUCATION ACT OF 1965

13 SEC. 101. The Elementary and Secondary Education

14 Act of 1965 is amended to read as follows:

15 ‘‘SHORT TITLE

16 ‘‘SECTION 1. This Act may be cited as the ‘Elemen17 tary and Secondary Education Act of 1965’.

18 ‘‘TABLE OF CONTENTS

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

20 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

‘‘Subpart 1—Basic Program Requirements

‘‘Sec. 1111. State plans.

‘‘Sec. 1112. Local educational agency plans.

‘‘Sec. 1113. Eligible school attendance areas.
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‘‘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.

‘‘Sec. 1410. Transition services.

‘‘Sec. 1411. Definitions.

‘‘PART E—FEDERAL EVALUATIONS AND DEMONSTRATIONS
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‘‘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

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

Technology

‘‘Sec. 3111. Findings and purposes.

‘‘Sec. 3112. Office of Educational Technology.
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‘‘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

‘‘Sec. 4101. Reservations and allotments.

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

‘‘Sec. 4103. State applications.

‘‘Sec. 4104. Governor’s programs.
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‘‘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.

‘‘PART A—FORMULA GRANTS TO LOCAL EDUCATIONAL AGENCIES

‘‘Sec. 6101. Purpose.
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‘‘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.

‘‘PART C—PROFESSIONAL DEVELOPMENT
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‘‘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.

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

APPLICATIONS
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‘‘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;

12 ‘‘(2) are a private good because individual op13 portunity is greatly enhanced by one’s being well

14 educated;
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1 ‘‘(3) are a moral imperative in our society; sim2 ple justice demands that the opportunity to acquire

3 skills and knowledge deemed necessary for basic citi4 zenship and economic opportunity be equally avail5 able to all; and

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

7 the quality of our individual lives ultimately depends

8 on the quality of the lives of others.

9 ‘‘(b) RECOGNITION OF NEED.—The Congress recog10 nizes that—

11 ‘‘(1) although the achievement gap between dis12 advantaged children and other children has been re13 duced by half over the past two decades, a sizeable

14 gap remains, and many segments of our society lack

15 the opportunity to become well educated;

16 ‘‘(2) the most urgent need for educational im17 provement is in schools with high concentrations of

18 children from low-income families. Achieving the Na19 tional Education Goals will not be possible without

20 substantial improvement in these schools;

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

22 low-achieving children in our highest-poverty schools,

23 children with limited English proficiency, children of

24 migrant workers, Indian children, children who are

25 neglected or delinquent, and young children and
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1 their parents who are in need of family-literacy serv2 ices; and

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

4 under this Act have contributed to narrowing the

5 achievement gap between children in high-poverty

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

7 more effective in improving high-poverty schools in

8 order to help enable all children to achieve high

9 standards.

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

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

12 builds upon what has been learned:

13 ‘‘(1) All children can master challenging con14 tent and complex problem-solving skills; research

15 clearly shows that children, including low-achieving

16 children, can succeed when expectations are high

17 and they are given the opportunity to learn challeng18 ing material.

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

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

21 all children reach, high standards, does not work.

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

23 with schools’ curricula fails to provide adequate in24 formation about what children know and can do and
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1 encourages curricula and instruction that focus on

2 low-level skills measured by those tests.

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

4 serve children through such practices as pull-out

5 programs, instead of ensuring that children have full

6 access to effective regular school programs and re7 ceive supplemental help through extended-time ac8 tivities.

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

10 first learn basic skills before engaging in more com11 plex tasks continues to dominate strategies for class12 room instruction, resulting in emphasis on repetitive

13 drill and practice at the expense of content-rich in14 struction, accelerated curricula, and effective teach15 ing to high standards.

16 ‘‘(6) Intensive and sustained professional devel17 opment for teachers and other school staff—focused

18 on teaching and learning and on helping children at19 tain high standards—is too often not provided.

20 ‘‘(7) Insufficient attention and resources are di21 rected toward the effective use of technology in

22 schools and the role it can play in professional devel23 opment and improved teaching and learning.

24 ‘‘(8) All parents can contribute to their chil25 dren’s success by helping at home and becoming
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1 partners with teachers so that children can achieve

2 high standards.

3 ‘‘(9) Decentralized decisionmaking is a key in4 gredient of systemic reform. Schools need the re5 sources, flexibility, and responsibility to design and

6 implement effective strategies for bringing their chil7 dren to high levels of performance and should accept

8 responsibility to do so.

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

10 high standards can be enhanced through a variety of

11 approaches such as public school choice and charter

12 schools.

13 ‘‘(11) Attention to academics alone cannot en14 sure that all children will reach high standards. The

15 health and other needs of children that affect learn16 ing are frequently unmet, particularly in high-pov17 erty schools, thereby necessitating coordination of

18 services to better meet children’s needs.

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

20 not been adequately targeted on the highest-poverty

21 school districts and schools that have children most

22 in need.

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

24 title is to enable schools to provide opportunities for chil25 dren served to acquire the knowledge and skills contained
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1 in the rigorous State content standards and to meet the

2 challenging State performance standards developed for all

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

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

5 accomplished by—

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

7 and aligning the efforts of States, local educational

8 agencies, and schools to help children served under

9 this title to reach them;

10 ‘‘(2) providing children an enriched and acceler11 ated educational program through schoolwide pro12 grams or through additional services that increase

13 the amount and quality of instructional time so that

14 children served under this title receive at least all

15 the classroom instruction that other children receive;

16 ‘‘(3) promoting schoolwide reform and ensuring

17 access of children—from the earliest grades—to ef18 fective instructional strategies and challenging aca19 demic content that includes intensive complex think20 ing and problem-solving experiences;

21 ‘‘(4) significantly upgrading the quality of cur22 ricula and instruction by providing staff in partici23 pating schools with substantial opportunities for in24 tensive and sustained professional development;
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1 ‘‘(5) coordinating services under all parts of

2 this title with each other, with other educational

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

4 social service programs funded from other sources;

5 ‘‘(6) affording parents meaningful opportunities

6 to participate in the education of their children at

7 home and at school;

8 ‘‘(7) distributing resources, in amounts suffi9 cient to make a difference, to areas where needs are

10 greatest;

11 ‘‘(8) improving accountability, as well as teach12 ing and learning, by using State assessment systems

13 designed to measure how well children are achieving

14 high State standards of performance expected of all

15 children; and

16 ‘‘(9) providing greater decision-making author17 ity and flexibility to schools in exchange for greater

18 responsibility for student performance.

19 ‘‘AUTHORIZATION OF APPROPRIATIONS

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

21 following programs and activities under this title:

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

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

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

25 there are authorized to be appropriated $7,000,000,000
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1 for fiscal year 1995 and such sums as may be necessary

2 for each of the fiscal years 1996 through 2004.

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

4 part B of this title, there are authorized to be appro5 priated such sums as may be necessary for each of the

6 fiscal years 1995 through 2004.

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

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

9 authorized to be appropriated such sums as may be nec10 essary for each of the fiscal years 1995 through 2004.

11 ‘‘(d) EDUCATION FOR NEGLECTED OR DELINQUENT

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

13 title, there are authorized to be appropriated such sums

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

15 through 2004.

16 ‘‘(e) CAPITAL EXPENSES.—For the purpose of carry17 ing out section 1117(e) of this title, there are authorized

18 to be appropriated such sums as may be necessary for

19 each of the fiscal years 1995 through 2004.

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

21 carrying out the activities authorized in sections

22 1118(b)(1), (b)(2), and (e) of this title, there are author23 ized to be appropriated such sums as may be necessary

24 for each of the fiscal years 1995 through 2004.
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1 ‘‘(g) FEDERAL ACTIVITIES.—(1) For the purpose of

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

3 to be appropriated such sums as may be necessary for

4 each of the fiscal years 1995 through 2004.

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

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

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

8 through 2004.

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

10 ‘‘Subpart 1—Basic Program Requirements

11 ‘‘STATE PLANS

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

13 desiring to receive a grant under this part shall submit

14 to the Secretary a plan, developed in consultation with

15 local educational agencies, teachers, administrators, and

16 parents, that—

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

18 approved or being developed, under title III of the

19 Goals 2000: Educate America Act, and satisfies the

20 requirements of this section that are not already ad21 dressed by that State plan; or

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

23 plan under title III of the Goals 2000: Educate

24 America Act and is not developing such a plan, is
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1 integrated with other State plans under this Act and

2 satisfies the requirements of this section.

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

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

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

6 America Act.

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

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

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

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

11 to carry out this Act, which shall include—

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

13 academic subjects that—

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

15 to know and be able to do; and

16 ‘‘(II) contain coherent and rigorous con17 tent; and

18 ‘‘(ii) challenging performance standards that—

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

20 standards;

21 ‘‘(II) describe two levels of high perform22 ance—‘proficient’ and ‘advanced’—that deter23 mine how well children are mastering the mate24 rial in the content standards; and
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1 ‘‘(III) include a third benchmark below

2 proficient, if necessary, to provide complete in3 formation about the progress of the lower-per4 forming children toward achieving to the high

5 ‘proficient’ and ‘advanced’ performance stand6 ards.

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

8 and performance standards in all of its core academic sub9 jects, the State plan shall include content and performance

10 standards for elementary and secondary school children in

11 those core subjects that it has adopted (which must in12 clude at least mathematics and reading/language arts),

13 and the State shall add other content and performance

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

15 include in the State plan.

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

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

18 what constitutes adequate yearly progress of—

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

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

21 and ‘advanced’ performance standards; and

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

23 funds under this part toward enabling all children

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

25 and ‘advanced’ performance standards.
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1 ‘‘(B) Adequate yearly progress shall be defined in a

2 manner that results in continuous and substantial yearly

3 improvement of each school and local educational agency

4 toward the goal of all children meeting the State’s chal5 lenging ‘advanced’ performance standards.

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

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

8 will be used as the primary means of determining the year9 ly performance of each local educational agency and school

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

11 State’s performance standards. These assessments shall—

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

13 content and performance standards and provide co14 herent information about student attainment;

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

16 valid and reliable and be consistent with relevant,

17 nationally recognized, professional and technical

18 standards of assessment;

19 ‘‘(C) be comprised of multiple, up-to-date meas20 ures of student performance;

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

22 conditions, children with disabilities and limited

23 English proficient children who, to the extent prac24 ticable, shall be assessed in the language that will
22

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1 afford them the greatest opportunity to demonstrate

2 their proficiency;

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

4 ‘‘(F) provide for disaggregated results for edu5 cationally meaningful categories of children, when

6 results for those categories would be reliable.

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

8 performance standards and an aligned set of assessments

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

10 America Act, the State shall use those standards and as11 sessments, modified, if necessary, to conform with the re12 quirements of paragraphs (1)(A)(ii), (2), and (3).

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

14 and performance standards that meet the requirements of

15 paragraph (1) or assessments that meet the requirements

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

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

18 set of yearly assessments that the Secretary finds assesses

19 the performance of complex skills and challenging subject

20 matter.

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

22 and a showing of substantial progress toward meeting the

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

24 one year the use of the alternative assessments described

25 in subparagraph (A).
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1 ‘‘(ii) A State that is denied the one-year extension

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

3 one additional year, does not have challenging content and

4 performance standards that meet the requirements of

5 paragraph (1) or assessments that meet the requirements

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

7 aligned assessments that are satisfactory to the Secretary,

8 such as those contained in other State plans the Secretary

9 has approved.

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

11 interim assessment system, the State shall devise a means

12 for identifying schools and local educational agencies in

13 need of improvement under section 1118.

14 ‘‘(c) OTHER PROVISIONS TO SUPPORT TEACHING

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

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

17 will use to implement a system of school support

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

19 necessary professional development for those teams;

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

21 agency will work with other agencies and institutions

22 to provide technical assistance to local educational

23 agencies and schools to carry out their responsibil24 ities under this part;
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1 ‘‘(3) how the State educational agency will ful2 fill its district and school improvement responsibil3 ities under section 1118, including the corrective ac4 tions it will take under section 1118(d)(6); and

5 ‘‘(4) how the State educational agency will en6 courage the use of funds from other Federal, State,

7 and local sources for schoolwide reform in

8 schoolwide programs under section 1114.

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

10 The Secretary shall—

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

12 the review and revision of State plans;

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

14 State plan the Secretary determines meets the re15 quirements of subsections (b) and (c); and

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

17 State plan does not meet the requirements of sub18 section (b) or (c), immediately notify the State of

19 that determination and the reasons for it.

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

21 he or she determines that the plan meets the re22 quirements.

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

24 shall—
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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 by the

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

5 strategies and programs under this part.

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

7 plan, such as the adoption of new content and perform8 ance standards, new assessments, or a new definition of

9 adequate progress, the State shall submit this information

10 to the Secretary for approval.

11 ‘‘LOCAL EDUCATIONAL AGENCY PLANS

12 ‘‘SEC. 1112. (a) PLANS REQUIRED.—(1) A local edu13 cational agency may receive a subgrant under this part

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

15 educational agency a plan, approved by the State edu16 cational agency, that—

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

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

19 under title III of the Goals 2000: Educate America

20 Act, and satisfies the requirements of this section

21 that are not already addressed by that plan; or

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

23 have an approved plan under title III of the Goals

24 2000: Educate America Act and is not developing

25 such a plan, is integrated with its other plans under
26

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1 this Act and satisfies the requirements of this sec2 tion.

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

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

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

6 Educate America Act.

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

8 Each local educational agency plan shall include—

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

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

11 in addition to the content and performance stand12 ards adopted by the State under section 1111, that

13 the local educational agency expects all children to

14 meet; and

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

16 student assessments, if any, other than those de17 scribed in the State plan under section 1111, that

18 the local educational agency and schools served

19 under this part will use to determine—

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

21 served under this part in meeting the State’s

22 performance standards; and

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

24 under this part so that such children will meet

25 the State’s performance standards.
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1 ‘‘(c) OTHER PROVISIONS TO SUPPORT TEACHING

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

3 to enable participating children to meet the State’s chal4 lenging performance standards expected of all students,

5 each local educational agency plan shall describe a coher6 ent strategy for intensive and sustained professional devel7 opment for teachers, administrators, and other staff, in8 cluding district-level staff, that—

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

10 across and within schools; and

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

12 part and from other sources.

13 ‘‘(2) Each local educational agency plan shall de14 scribe how the local educational agency will—

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

16 schools develop their plans pursuant to section 1114

17 or 1115 and assist schools as they implement those

18 plans so that each school can make adequate yearly

19 progress toward meeting the State’s standards;

20 ‘‘(B) support and encourage schoolwide pro21 grams; and

22 ‘‘(C) fulfill its school improvement responsibil23 ities under section 1118, including the corrective ac24 tions it will take under section 1118(c)(4).
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1 ‘‘(3) To address the comprehensive needs of children,

2 each local educational agency plan shall describe how the

3 local educational agency will—

4 ‘‘(A) coordinate and integrate services provided

5 under this part with other educational services, in6 cluding—

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

8 preschool programs, and school-to-work transi9 tion programs; and

10 ‘‘(ii) services for children with limited Eng11 lish proficiency or with disabilities, migratory

12 children served under part C of this title, ne13 glected or delinquent children served under part

14 D of this title, homeless children, and immi15 grant children in order to increase program ef16 fectiveness, eliminate duplication, and reduce

17 fragmentation of the children’s instructional

18 program;

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

20 feasible, with other agencies providing services to

21 children, youth, and families, including, but not lim22 ited to, health and social services; and

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

24 children in participating elementary schools in which

25 the percentage of children from low-income families
29

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

2 health screenings during the elementary school years

3 at appropriate intervals based on reasonable pedi4 atric standards. Funds under this part may be used

5 to provide such health screenings only if funds from

6 other public or private sources, including, but not

7 limited to, Medicaid; Early Periodic Screening, Diag8 nosis, and Treatment (EPSDT); private insurance;

9 or other community health resources, are not rea10 sonably available to pay for such screening.

11 ‘‘(4) The local educational agency plan shall also in12 clude a description of—

13 ‘‘(A) the poverty criteria that will be used to se14 lect school attendance areas under section 1113;

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

16 targeted assistance schools under section 1115 to

17 identify children eligible for services under this part;

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

19 programs to be conducted by its schools under sec20 tions 1114 and 1115 and services outside those

21 schools for children living in local institutions for ne22 glected or delinquent children and for eligible home23 less children; and

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

25 agency will provide services to eligible children at-
30

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1 tending private elementary and secondary schools in

2 accordance with section 1117, and how timely and

3 meaningful consultation with private school officials

4 regarding such services will occur.

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

6 local educational agency plan shall be—

7 ‘‘(1) developed in consultation with teachers

8 and parents of children in schools served under this

9 part; and

10 ‘‘(2) periodically reviewed and revised, as nec11 essary, to reflect changes in the local educational

12 agency’s strategies and programs.

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

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

15 if the State educational agency determines that the plan

16 will enable schools served under this part to substantially

17 help all children served meet the State’s challenging per18 formance standards expected of all children.

19 ‘‘(f) PROGRAM RESPONSIBILITY.—The local edu20 cational agency plan shall reflect the shared responsibility

21 of schools and the local educational agency in making deci22 sions required under sections 1114 and 1115.

23 ‘‘ELIGIBLE SCHOOL ATTENDANCE AREAS

24 ‘‘SEC. 1113. (a) GENERAL.—(1)(A)(i) A local edu25 cational agency shall use funds received under this part

26 only in school attendance areas with high concentrations
31

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1 of children from low-income families, hereafter in this sec2 tion referred to as ‘eligible school attendance areas’.

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

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

5 to a particular school, the geographical area in

6 which the children who are normally served by that

7 school reside; and

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

9 school attendance area in which the percentage of

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

11 as the percentage of children from low-income fami12 lies in the local educational agency as a whole.

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

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

15 areas, a local educational agency shall—

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

17 spans, its eligible school attendance areas in which

18 the concentration of children from low-income fami19 lies exceeds 75 percent from highest to lowest ac20 cording to the percentage of children from low-in21 come families; and

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

23 in rank order.
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1 ‘‘(C) If funds remain after serving all eligible school

2 attendance areas under subparagraph (B), a local edu3 cational agency shall—

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

5 attendance areas from highest to lowest either by

6 grade span or for the entire local educational agency

7 according to the percentage of children from low-in8 come families; and

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

10 in rank order either within each grade-span group11 ing or within the local educational agency as a

12 whole.

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

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

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

16 of several indicators, with respect to all school attendance

17 areas in the local educational agency to—

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

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

20 ‘‘(C) determine allocations under subsection (c).

21 ‘‘(3) This subsection shall not apply to a local edu22 cational agency with a total enrollment of less than 1,000

23 children.
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1 ‘‘(b) LOCAL EDUCATIONAL AGENCY DISCRETION.—

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

3 agency may—

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

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

6 children are from low-income families;

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

8 school that is not in an eligible school attendance

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

10 families enrolled in the school is equal to or greater

11 than the percentage of such children in a participat12 ing school attendance area of such agency; and

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

14 or eligible school that has a higher percentage of

15 children from low-income families if—

16 ‘‘(i) the school meets the comparability re17 quirements of section 1119(c);

18 ‘‘(ii) the school is receiving supplemental

19 funds from other State or local sources that are

20 spent according to the requirements of section

21 1114 or 1115; and

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

23 sources equal or exceed the amount that would

24 be provided under this part.
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1 ‘‘(B) Notwithstanding subparagraph (A), the

2 number of children to receive services attending pri3 vate elementary and secondary schools, and the as4 sistance they receive under this part, shall be deter5 mined without regard to whether the public school

6 attendance area in which such children reside is

7 skipped under this paragraph.

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

9 shall allocate funds received under this part to eligible

10 school attendance areas or eligible schools, identified

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

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

13 in each area or school.

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

15 per-pupil amount of funds allocated to each school attend16 ance area or school under paragraph (1) shall be at least

17 80 percent of the per-pupil amount of funds the local edu18 cational agency received for that year under sections 1123

19 and 1124.

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

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

22 school attendance area or school by the amount of any

23 supplemental State and local funds expended in that

24 school attendance area or school for programs that meet

25 the requirements of section 1114 or 1115.
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1 ‘‘(3) A local educational agency shall reserve such

2 funds as are necessary under this part to provide services

3 comparable to those provided to children in schools funded

4 under this part to serve—

5 ‘‘(A) eligible homeless children who do not at6 tend participating schools, including providing edu7 cationally related support services to children in

8 shelters, where appropriate; and

9 ‘‘(B) children living in local institutions for ne10 glected or delinquent children.

11 ‘‘SCHOOLWIDE PROGRAMS

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

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

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

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

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

17 schoolwide program, the school meets the following cri18 teria:

19 ‘‘(A) For school year 1995–96—

20 ‘‘(i) the school serves an eligible school at21 tendance area in which at least 65 percent of

22 the children are from low-income families; or

23 ‘‘(ii) at least 65 percent of the children en24 rolled in the school are from such families.
36

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

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

3 and (ii) shall be 50 percent.

4 ‘‘(2)(A) No schoolwide program school shall be re5 quired to identify particular children as eligible to partici6 pate or to provide supplemental services to them.

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

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

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

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

11 needed to provide services that are required by law for

12 children with disabilities and children with limited English

13 proficiency.

14 ‘‘(3) A school may use funds received under any non15 competitive, formula-grant program administered by the

16 Secretary, except such a program under the Individuals

17 With Disabilities Education Act, and any discretionary

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

19 by the Secretary to support a schoolwide program, not20 withstanding any provision of the statute or regulations

21 governing any such program.

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

23 (1) A schoolwide program shall include the following com24 ponents:
37

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

2 entire school that is based on information on the

3 performance of children in relation to the State’s

4 standards.

5 ‘‘(B) Schoolwide reform strategies that—

6 ‘‘(i) provide opportunities for all children

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

8 performance standards expected of all children;

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

10 means of improving the achievement of chil11 dren;

12 ‘‘(iii) use effective instructional strategies

13 that increase the amount and quality of learn14 ing time and help provide an enriched and ac15 celerated curriculum rather than remedial drill

16 and practice;

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

18 the school, but particularly the needs of low19 achieving children, children with limited English

20 proficiency, children from migratory families,

21 and children who are members of the target

22 population of any program that is included in

23 the schoolwide program, and how the school will

24 determine if those needs have been met; and
38

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

2 to implement, the State and local reform plans,

3 if any, approved under title III of the Goals

4 2000: Educate America Act.

5 ‘‘(C) Instruction by highly qualified professional

6 staff.

7 ‘‘(D) Intensive and sustained professional devel8 opment for teachers, principals, and other staff to

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

10 performance standards.

11 ‘‘(E) Parental involvement in accordance with

12 section 1116.

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

14 beyond grade six, in coordination with funds avail15 able from other programs and, as appropriate, draw16 ing on private and public organizations—

17 ‘‘(i) counseling and mentoring services;

18 ‘‘(ii) college and career awareness and

19 preparation, such as college and career guid20 ance, enhancement of employability skills, and

21 job placement services; and

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

23 transition from school to work.

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

25 schoolwide program shall first develop, in consultation
39

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1 with the local educational agency, a comprehensive plan

2 for reforming the total instructional program in the school

3 that—

4 ‘‘(i) incorporates the components described in

5 paragraph (1);

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

7 under this part and from other sources to implement

8 those components;

9 ‘‘(iii) includes a list of State and local edu10 cational agency programs and other Federal pro11 grams under paragraph (a)(3) that will be included

12 in the schoolwide program; and

13 ‘‘(iv) describes how the school will provide indi14 vidual student assessment results, including an in15 terpretation of those results, to the parents of any

16 child who participates in the assessment required by

17 section 1111(b)(3).

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

19 standards and a set of assessments that meet the criteria

20 in section 1111(b) (1) and (3) shall be based on an analy21 sis of available data on the achievement of students in the

22 school and a review of the school’s instructional practices

23 in the context of available research on effective instruc24 tional and school improvement practices.

25 ‘‘(C) The comprehensive plan shall be—
40

S 1513 IS

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

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

3 the recommendation of the school support team

4 under subsection (c), determines that less time

5 is needed to develop and implement the

6 schoolwide program; or

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

8 program at the time this section takes effect, in

9 which case it may continue to operate that pro10 gram, but shall develop a new plan during the

11 first year to reflect the provisions of this sec12 tion;

13 ‘‘(ii) developed with the involvement of the com14 munity to be served and those individuals who will

15 carry it out, including teachers, principals, other

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

17 school, students from the school;

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

19 school; and

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

21 parents, and the public. The information contained

22 therein shall be translated, to the extent feasible,

23 into any language that a significant percentage of

24 the parents of participating children in the school

25 speak as their primary language.
41

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1 ‘‘(c) SCHOOL SUPPORT TEAMS.—(1) Each State edu2 cational agency shall establish a system of school support

3 teams to provide information and assistance to each

4 schoolwide program to ensure that schoolwide programs

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

6 challenging performance standards.

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

8 including teachers, knowledgeable about research and

9 practice on teaching and learning, particularly about strat10 egies for improving the educational opportunities for low11 achieving children.

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

13 school as it develops its schoolwide program plan, review

14 the merits of each plan, and make recommendations to

15 the school and the local educational agency.

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

17 a school support team shall—

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

19 school in enabling children in the school to meet the

20 State’s performance standards;

21 ‘‘(B) identify problems in the design and oper22 ation of the instructional program; and

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

24 school and the local educational agency.
42

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

2 local educational agencies under this part may be used to

3 pay the costs of the school support teams.

4 ‘‘TARGETED ASSISTANCE SCHOOLS

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

6 to participate under section 1113 that are ineligible for

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

8 schoolwide program, a local educational agency may use

9 funds received under this part only for programs that pro10 vide services to eligible children identified as having the

11 greatest need for special assistance.

12 ‘‘(b) ELIGIBLE CHILDREN—(1)(A) The eligible popu13 lation for services under this part is—

14 ‘‘(i) those children up to age 21 who are enti15 tled to a free public education through grade 12;

16 and

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

18 level where the local educational agency provides a

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

20 they can benefit from an organized instructional pro21 gram provided in a school or other educational set22 ting.

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

24 (A), eligible children are children identified by the school

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

26 challenging performance standards on the basis of mul-
43

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1 tiple, educationally related, objective criteria established

2 by the local educational agency and supplemented by the

3 school, except that children from preschool through grade

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

5 as teacher judgment, interviews with parents, and devel6 opmentally appropriate measures.

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

8 disability or limited English proficiency are eligible for

9 services under this part on the same basis as other chil10 dren selected to receive services under this part.

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

12 to provide services that are otherwise required by law to

13 be made available to such children.

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

15 years, received services under the program for neglected

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

17 predecessor authority) is eligible for services under this

18 part.

19 ‘‘(C) A local educational agency shall use funds re20 ceived under this part to serve eligible homeless children

21 who attend any school in the local educational agency.

22 ‘‘(c) COMPONENTS OF A TARGETED ASSISTANCE

23 SCHOOL PROGRAM.—(1) To assist targeted assistance

24 schools and local educational agencies to meet their re25 sponsibility to provide for all their students the oppor-
44

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1 tunity to meet the State’s challenging performance stand2 ards, each targeted assistance program under this section

3 shall—

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

5 participating children meet the challenging perform6 ance standards expected for all children;

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

8 for improving achievement of children;

9 ‘‘(C) use effective instructional strategies

10 that—

11 ‘‘(i) give primary consideration to provid12 ing extended learning time;

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

14 curriculum, rather than remedial drill and prac15 tice; and

16 ‘‘(iii) minimize removing children from the

17 regular classroom for instruction provided

18 under this part;

19 ‘‘(D) be coordinated with and support the regu20 lar program in providing an enriched and acceler21 ated curriculum for eligible children;

22 ‘‘(E) provide instruction by highly qualified pro23 fessional staff;

24 ‘‘(F) provide opportunities for intensive and

25 sustained professional development with resources
45

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1 under this part and from other sources for adminis2 trators and for teachers and other school staff who

3 work with participating children in programs under

4 this section or in the regular education program;

5 ‘‘(G) provide opportunities for parental involve6 ment in accordance with section 1116; and

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

8 children beyond grade six, in coordination with

9 funds available from other programs and, as appro10 priate, drawing on private and public organiza11 tions—

12 ‘‘(i) counseling and mentoring;

13 ‘‘(ii) college and career awareness and

14 preparation, such as college and career guid15 ance, enhancement of employability skills, and

16 job placement services; and

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

18 transition from school to work.

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

20 section shall develop, in consultation with the local edu21 cational agency, a plan to assist participating children to

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

23 standards that describes—

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

25 accordance with subsection (b);
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1 ‘‘(ii) the program to be conducted that incor2 porates the components described in paragraph (1)

3 and how the resources provided under this part will

4 be coordinated with other resources to enable the

5 children served to meet the State’s standards;

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

7 basis, the progress of participating children and re8 vise the program, if necessary, to provide additional

9 assistance to enable such children to meet the

10 State’s challenging performance standards;

11 ‘‘(iv) how the school will provide individual stu12 dent assessment results, including an interpretation

13 of those results, to the parents of any child who par14 ticipates in the assessment required by section

15 1111(b)(3); and

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

17 schoolwide program under section 1114, why it did

18 not choose to do so.

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

20 standards and a set of assessments that meet the criteria

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

22 of available data on the achievement of participating chil23 dren and a review of the school’s instructional practices

24 in the context of available research on effective instruc25 tional practices.
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1 ‘‘(C) Each plan shall be—

2 ‘‘(i) developed with the involvement of the com3 munity to be served and those individuals who will

4 carry it out, including teachers, administrators,

5 other staff, parents, and, if the plan relates to a sec6 ondary school, students from the school;

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

8 parents, and the public, and the information con9 tained therein shall be translated, to the extent fea10 sible, into any language that a significant percentage

11 of the parents of participating children in the school

12 speak as their primary language; and

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

14 school.

15 ‘‘(d) 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 ben24 efit participating children so long as the amount of

25 time spent on these duties is the same proportion of
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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 class6 room teachers, so long as their efforts directly bene7 fit participating children.

8 ‘‘PARENTAL INVOLVEMENT

9 ‘‘SEC. 1116. (a) LOCAL EDUCATIONAL AGENCY POL10 ICY.—(1) Each local educational agency that receives

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

12 available to, parents of participating children a written

13 parent involvement policy that is incorporated into the

14 local educational agency’s plan developed under section

15 1112, establishes the expectations for parent involvement,

16 and describes how the local educational agency will—

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

18 plan described under section 1112, and the process

19 of school review and improvement described under

20 section 1118;

21 ‘‘(B) provide the coordination, technical assist22 ance, and other support necessary to assist partici23 pating schools in planning and implementing effec24 tive parent involvement;
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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.
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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
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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—
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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;
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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-
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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;
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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
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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
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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-
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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
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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-
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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.
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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.
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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.
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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
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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.
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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.
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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
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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).
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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-
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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.
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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
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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.
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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—
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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-
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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—
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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.
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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
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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—
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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—
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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
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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).
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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
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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.
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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
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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.
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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.
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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—
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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
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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,
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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-
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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-
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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
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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
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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.
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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—
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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
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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
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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.
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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.
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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.
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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.
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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
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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
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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.
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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;
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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;
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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.
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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
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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
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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.
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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
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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.
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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—
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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.
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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
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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.
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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
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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—
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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;
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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
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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
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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—
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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
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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;
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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
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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-
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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
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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;
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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.
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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-
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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
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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
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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).
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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—
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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;
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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;
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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
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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;
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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;
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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—
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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
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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
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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-
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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-
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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;
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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
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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
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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;
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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.
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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;
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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
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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
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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
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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;
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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;
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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
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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
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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:
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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-
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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
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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
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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.
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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.
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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;
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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.
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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.
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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.
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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
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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;
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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;
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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.
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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
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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-
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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
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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—
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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
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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-
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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
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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-
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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;
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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;
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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-
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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;
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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
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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.
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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:
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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
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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;
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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-
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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;
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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
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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
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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—
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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-
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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).
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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.
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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
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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
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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—
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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;
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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;
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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
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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;
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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
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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.
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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;
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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
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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;
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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
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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;
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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
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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;
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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-
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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;
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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.
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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
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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
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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);
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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—
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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
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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.
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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.
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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
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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;
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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;
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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-
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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.
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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).
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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;
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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
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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
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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.
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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-
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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—
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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
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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;
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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
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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).
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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;
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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-
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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
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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
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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
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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
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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
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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
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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—
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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
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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
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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.
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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
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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-
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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.
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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
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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.
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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
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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—
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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-
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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-
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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.
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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
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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-
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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
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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
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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
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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
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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.
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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,
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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-
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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—
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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-
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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.
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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
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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-
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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,
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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.
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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
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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
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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
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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
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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
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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;
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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
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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;
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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;
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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
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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
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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—
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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.
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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
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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;
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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.
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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).
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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.
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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—
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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.
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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;
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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;
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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.
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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
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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.
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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
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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);
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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;
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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
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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;
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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—
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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-
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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.
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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;
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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.
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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
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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
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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.
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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
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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.
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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
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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
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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
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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.
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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
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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-
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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-
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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.
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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;
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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,
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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
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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.
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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
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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
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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
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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
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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.
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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.
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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
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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—
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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
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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-
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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.
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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
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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
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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
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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
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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
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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;
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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.
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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.
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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
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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
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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
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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.
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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
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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.
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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.
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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
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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.
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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
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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:
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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
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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;
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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).
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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.
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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.
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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—
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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.
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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
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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—
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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—
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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
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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.
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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-
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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.
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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;
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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).
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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.
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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
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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
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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
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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;
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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
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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;
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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-
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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-
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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
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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-
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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
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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;
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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
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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.
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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.
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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;
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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
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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—
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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
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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
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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
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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
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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-
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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
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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:
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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
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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:
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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:
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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:
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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).’’.
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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;
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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:
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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
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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;
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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
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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
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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
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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’’.
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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)—
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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
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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.
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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.
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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.’’;
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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:
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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
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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
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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
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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
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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
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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
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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).
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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-
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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:
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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-
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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.
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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.
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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
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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;
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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
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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-
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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-
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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-
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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;
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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—
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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—
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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).
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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.
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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
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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
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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
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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-
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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
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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.
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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;
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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;
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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
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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.
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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.

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