II

106TH CONGRESS

2D SESSION S. 2254

To amend the Elementary and Secondary Education Act of 1965, to

reauthorize and make improvements to that Act, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 21, 2000

Mr. LIEBERMAN (for himself, Mr. BAYH, Ms. LANDRIEU, Mrs. LINCOLN, Mr.

KOHL, Mr. GRAHAM, Mr. ROBB, and Mr. BREAUX) introduced the following bill; which was read twice and referred to the Committee on

Health, Education, Labor, and Pensions

A BILL

To amend the Elementary and Secondary Education Act

of 1965, to reauthorize and make improvements to that

Act, and for other purposes.

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

5 ‘‘Public Education Reinvestment, Reinvention, and Re6 sponsibility Act (Three R’s)’’.

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

8 this Act is as follows:

Sec. 1. Short title; table of contents.
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Sec. 2. References.

Sec. 3. Declaration of priorities.

TITLE I—STUDENT PERFORMANCE

Sec. 101. Heading.

Sec. 102. Findings, policy, and purpose.

Sec. 103. Authorization of appropriations.

Sec. 104. Reservation for school improvement.

PART A—IMPROVING BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL

AGENCIES

Sec. 105. State plans.

Sec. 106. Local educational agency plans.

Sec. 107. Schoolwide programs.

Sec. 108. School choice.

Sec. 109. Assessment and local educational agency and school improvement.

Sec. 110. State assistance for school support and improvement.

Sec. 111. Parental involvement changes.

Sec. 112. Qualifications for teachers and paraprofessionals.

Sec. 113. Professional development.

Sec. 114. Fiscal requirements.

Sec. 115. Coordination requirements.

Sec. 116. Grants for the outlying areas and the Secretary of the Interior.

Sec. 117. Amounts for grants.

Sec. 118. Basic grants to local educational agencies.

Sec. 119. Concentration grants.

Sec. 120. Targeted grants.

Sec. 121. Special allocation procedures.

PART B—EVEN START FAMILY LITERACY PROGRAMS

Sec. 131. Program authorized.

Sec. 132. Applications.

Sec. 133. Research.

PART C—EDUCATION OF MIGRATORY CHILDREN

Sec. 141. Comprehensive needs assessment and service-delivery plan; authorized

activities.

PART D—PREVENTION AND INTERVENTION PROGRAMS FOR CHILDREN AND

YOUTH WHO ARE NEGLECTED, DELINQUENT, OR AT RISK OF DROPPING

OUT

Sec. 151. State plan and State agency applications.

Sec. 152. Use of funds.

PART E—FEDERAL EVALUATIONS, DEMONSTRATIONS, AND TRANSITION

PROJECTS

Sec. 161. Evaluations.

Sec. 162. Demonstrations of innovative practices.

PART F—RURAL EDUCATION DEVELOPMENT INITIATIVE

Sec. 171. Rural education development initiative.
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PART G—GENERAL PROVISIONS

Sec. 181. Federal regulations.

Sec. 182. State administration.

TITLE II—TEACHER AND PRINCIPAL QUALITY, PROFESSIONAL

DEVELOPMENT, AND CLASS SIZE

Sec. 201. Teacher and principal quality, professional development, and class

size.

TITLE III—LANGUAGE MINORITY STUDENTS AND INDIAN,

NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION

Sec. 301. Language minority students.

Sec. 302. Emergency immigrant education program.

Sec. 303. Indian, Native Hawaiian, and Alaska Native education.

TITLE IV—PUBLIC SCHOOL CHOICE

Sec. 401. Public school choice.

Sec. 402. Development of public school choice programs; report cards.

TITLE V—IMPACT AID

Sec. 501. Impact aid.

TITLE VI—HIGH PERFORMANCE AND QUALITY EDUCATION

INITIATIVES

Sec. 601. High performance and quality education initiatives.

TITLE VII—ACCOUNTABILITY

Sec. 701. Accountability.

TITLE VIII—GENERAL PROVISIONS AND REPEALS

Sec. 801. Repeals, transfers, and redesignations regarding titles VIII and XIV.

Sec. 802. Other repeals.

1 SEC. 2. REFERENCES.

2 Except as otherwise expressly provided, whenever in

3 this Act an amendment or repeal is expressed in terms

4 of an amendment to, or repeal of, a section or other provi5 sion, the reference shall be considered to be made to a

6 section or other provision of the Elementary and Sec7 ondary Education Act of 1965 (20 U.S.C. 6301 et seq.).
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1 SEC. 3. DECLARATION OF PRIORITIES.

2 Congress declares that our national educational prior3 ities are to—

4 (1) introduce real accountability by making

5 public elementary school and secondary school edu6 cation funding performance-based rather than a

7 guaranteed source of revenue for States and local

8 educational agencies;

9 (2) require State educational agencies and local

10 educational agencies to establish high student per11 formance objectives, and to provide the State edu12 cational agencies and local educational agencies with

13 flexibility in using Federal resources to ensure that

14 the performance objectives are met;

15 (3) concentrate Federal funding around a small

16 number of central education goals, including com17 pensatory education for disadvantaged children and

18 youth, teacher quality and professional development,

19 programs for limited English proficient students,

20 public school choice programs, innovative educational

21 programs, student safety, and the incorporation of

22 educational technology;

23 (4) concentrate Federal education funding on

24 impoverished areas where elementary schools and

25 secondary schools are most likely to be in distress;
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1 (5) sanction State educational agencies and

2 local educational agencies that consistently fail to

3 meet established benchmarks; and

4 (6) reward State educational agencies, local

5 educational agencies, and elementary schools and

6 secondary schools that demonstrate high perform7 ance.

8 TITLE I—STUDENT

9 PERFORMANCE

10 SEC. 101. HEADING.

11 The heading for title I (20 U.S.C. 6301 et seq.) is

12 amended to read as follows:

13 ‘‘TITLE I—STUDENT

14 PERFORMANCE’’.

15 SEC. 102. FINDINGS, POLICY, AND PURPOSE.

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

17 as follows:

18 ‘‘SEC. 1001. FINDINGS, POLICY AND PURPOSE.

19 ‘‘(a) FINDINGS.—Congress makes the following find20 ings:

21 ‘‘(1) Despite more than 3 decades of Federal

22 assistance, a sizable achievement gap remains be23 tween low-income and middle-class students.

24 ‘‘(2) The 1994 reauthorization of the Elemen25 tary and Secondary Education Act of 1965 was an
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1 important step in focusing our Nation’s priorities on

2 closing the achievement gap between poor and afflu3 ent students in the United States. The Federal Gov4 ernment must continue to build on these improve5 ments made in 1994 by holding States and local

6 educational agencies accountable for student achieve7 ment.

8 ‘‘(3) States can help close this achievement gap

9 by developing challenging curriculum content and

10 student performance standards so that all elemen11 tary school and secondary school students perform

12 at an advanced level. States should implement vig13 orous and comprehensive student performance as14 sessments, such as the National Assessment of Edu15 cational Progress (NAEP) so as to measure fully the

16 progress of our Nation’s students.

17 ‘‘(4) In order to ensure that no child is left be18 hind in the new economy, the Federal Government

19 must better target Federal resources on those chil20 dren who are most at-risk for falling behind aca21 demically.

22 ‘‘(5)(A) Title I funds have been targeted on

23 high-poverty areas, but not to the degree they should

24 be as demonstrated by the following:
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1 ‘‘(B) Although 95 percent of schools with pov2 erty levels of 75 percent to 100 percent receive title

3 I funding, 20 percent of schools with poverty levels

4 of 50 to 74 percent do not receive any title I fund5 ing.

6 ‘‘(C) Only 64 percent of schools with poverty

7 levels in the 35 percent to 49 percent range receive

8 title I funding.

9 ‘‘(6) Title I funding should be significantly in10 creased and more effectively targeted to ensure that

11 all low-income students have an opportunity to excel

12 academically.

13 ‘‘(7) The Federal Government should provide

14 greater decisionmaking authority and flexibility to

15 schools and teachers in exchange for greater respon16 sibility for student performance. Federal, State, and

17 local efforts should be focused on raising the aca18 demic achievement of all students. Our Nation’s

19 children deserve nothing less than holding account20 able those responsible for shaping our childrens’ fu21 ture and our country’s future.

22 ‘‘(b) POLICY.—Congress declares that it is the policy

23 of the United States to ensure that all students receive

24 a high-quality education by holding States, local edu25 cational agencies, and elementary schools and secondary
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1 schools accountable for increased student academic per2 formance results, and by facilitating improved classroom

3 instruction.

4 ‘‘(c) PURPOSES.—The purposes of this title are as

5 follows:

6 ‘‘(1) To eliminate the existing 2-tiered edu7 cational system, which set lower academic expecta8 tions for impoverished students than for affluent

9 students.

10 ‘‘(2) To require all States to have challenging

11 content and student performance standards and as12 sessment measures in place.

13 ‘‘(3) To require all States to ensure adequate

14 yearly progress for all students by establishing an15 nual, numerical performance objectives.

16 ‘‘(4) To ensure that all title I students receive

17 educational instruction from a fully qualified teach18 er.

19 ‘‘(5) To support State and local educational

20 agencies in identifying, assisting, and correcting low21 performing schools.

22 ‘‘(6) To increase Federal funding for part A

23 programs for disadvantaged students in return for

24 increased academic performance of all students.
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1 ‘‘(7) To target Federal funding to local edu2 cational agencies serving the highest percentages of

3 low-income students.’’.

4 SEC. 103. AUTHORIZATION OF APPROPRIATIONS.

5 Section 1002 (20 U.S.C. 6302) is amended to read

6 as follows:

7 ‘‘SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.

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

9 the purpose of carrying out part A, other than section

10 1120(e), there are authorized to be appropriated

11 $12,000,000,000 for fiscal year 2001 and such sums as

12 may be necessary for each of the 4 succeeding fiscal years.

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

14 part B, there are authorized to be appropriated such sums

15 as may be necessary for fiscal year 2001 and each of the

16 4 succeeding fiscal years.

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

18 the purpose of carrying out part C, there are authorized

19 to be appropriated such sums as may be necessary for fis20 cal year 2001 and each of the 4 succeeding fiscal years.

21 ‘‘(d) PREVENTION AND INTERVENTION PROGRAMS

22 FOR YOUTH WHO ARE NEGLECTED, DELINQUENT, OR AT

23 RISK OF DROPPING OUT.—For the purpose of carrying

24 out part D, there are authorized to be appropriated such
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1 sums as may be necessary for fiscal year 2001 and each

2 of the 4 succeeding fiscal years.

3 ‘‘(e) CAPITAL EXPENSES.—For the purpose of car4 rying out section 1120(e), there are authorized to be ap5 propriated $12,000,000 for fiscal year 2001 and

6 $5,000,000 for fiscal year 2002.

7 ‘‘(f) FEDERAL ACTIVITIES.—For the purpose of car8 rying out sections 1501 and 1502, there are authorized

9 to be appropriated such sums as may be necessary for fis10 cal year 2001 and each of the 4 succeeding fiscal years.’’.

11 SEC. 104. RESERVATION FOR SCHOOL IMPROVEMENT.

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

13 as follows:

14 ‘‘SEC. 1003. RESERVATION FOR SCHOOL IMPROVEMENT.

15 ‘‘(a) STATE RESERVATIONS.—

16 ‘‘(1) IN GENERAL.—Each State educational

17 agency shall reserve 2.5 percent of the amount the

18 State educational agency receives under part A for

19 fiscal years 2001 and 2002, and 3.5 percent of that

20 amount for fiscal years 2003 through 2005, to carry

21 out paragraph (2) and to carry out the State edu22 cational agency’s responsibilities under sections 1116

23 and 1117, including the State educational agency’s

24 statewide system of technical assistance and support

25 for local educational agencies.
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1 ‘‘(2) USES.—Of the amount reserved under

2 paragraph (1) for any fiscal year, the State edu3 cational agency shall make available at least 80 per4 cent of such amount directly to local educational

5 agencies.

6 PART A—IMPROVING BASIC PROGRAMS

7 OPERATED BY LOCAL EDUCATIONAL AGENCIES

8 SEC. 105. STATE PLANS.

9 Section 1111 (20 U.S.C. 6311) is amended to read

10 as follows:

11 ‘‘SEC. 1111. STATE PLANS.

12 ‘‘(a) PLANS REQUIRED.—

13 ‘‘(1) IN GENERAL.—Any State educational

14 agency desiring a grant under this part shall submit

15 to the Secretary a plan, developed in consultation

16 with local educational agencies, teachers, pupil serv17 ices personnel, administrators (including administra18 tors of programs described in other parts of this

19 title), local school boards, other staff, and parents,

20 that satisfies the requirements of this section and

21 that is coordinated with other programs under this

22 Act, the Individuals with Disabilities Education Act,

23 the Carl D. Perkins Vocational and Technical Edu24 cation Act of 1998, and the Head Start Act.
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1 ‘‘(2) CONSOLIDATED PLAN.—A State plan sub2 mitted under paragraph (1) may be submitted as

3 part of a consolidated plan under section 8302.

4 ‘‘(b) STANDARDS, ASSESSMENTS, AND ACCOUNT5 ABILITY.—

6 ‘‘(1) CHALLENGING STANDARDS.—

7 ‘‘(A) IN GENERAL.—Each State plan shall

8 demonstrate that the State has adopted chal9 lenging content standards and challenging stu10 dent performance standards that will be used

11 by the State, and the local educational agencies,

12 and elementary schools and secondary schools,

13 within the State to carry out this part.

14 ‘‘(B) UNIFORMITY.—The standards re15 quired by subparagraph (A) shall be the same

16 standards that the State applies to all elemen17 tary schools and secondary schools within the

18 State and all children attending such schools.

19 ‘‘(C) SUBJECTS.—The State shall have

20 such standards for elementary school and sec21 ondary school children served under this part in

22 subjects determined by the State, but including

23 at least mathematics, science, and English lan24 guage arts, and which shall include the same
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1 knowledge, skills, and levels of performance ex2 pected of all children.

3 ‘‘(D) STANDARDS.—Standards under this

4 paragraph shall include—

5 ‘‘(i) challenging content standards in

6 academic subjects that—

7 ‘‘(I) specify what children are ex8 pected to know and be able to do;

9 ‘‘(II) contain coherent and rig10 orous content; and

11 ‘‘(III) encourage the teaching of

12 advanced skills; and

13 ‘‘(ii) challenging student performance

14 standards that—

15 ‘‘(I) are aligned with the State’s

16 content standards;

17 ‘‘(II) describe 2 levels of high

18 performance, proficient and advanced

19 levels of performance, that determine

20 how well children are mastering the

21 material in the State content stand22 ards; and

23 ‘‘(III) describe a third level of

24 performance, a basic level of perform25 ance, to provide complete information
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1 about the progress of the lower per2 forming children toward achieving to

3 the proficient and advanced levels of

4 performance.

5 ‘‘(E) ADDITIONAL SUBJECTS.—For the

6 subjects in which students will be served under

7 this part, but for which a State is not required

8 under subparagraphs (A), (B), and (C) to de9 velop, and has not otherwise developed, chal10 lenging content and student performance stand11 ards, the State plan shall describe a strategy

12 for ensuring that such students are taught the

13 same knowledge and skills and held to the same

14 expectations as are all children.

15 ‘‘(F) SPECIAL RULE.—In the case of a

16 State that allows local educational agencies to

17 adopt more rigorous standards than those set

18 by the State, local educational agencies shall be

19 allowed to implement such standards.

20 ‘‘(2) ADEQUATE YEARLY PROGRESS.—

21 ‘‘(A) IN GENERAL.—Each State plan shall

22 demonstrate, based on assessments described

23 under paragraph (4), what constitutes adequate

24 yearly progress of—
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1 ‘‘(i) any school served under this part

2 toward enabling all children to meet the

3 State’s challenging student performance

4 standards;

5 ‘‘(ii) any local educational agency that

6 receives funds under this part toward ena7 bling all children in schools served by the

8 local educational agency and receiving as9 sistance under this part to meet the

10 State’s challenging student performance

11 standards; and

12 ‘‘(iii) the State in enabling all children

13 in schools receiving assistance under this

14 part to meet the State’s challenging stu15 dent performance standards.

16 ‘‘(B) DEFINITION.—Adequate yearly

17 progress shall be defined by the State in a man18 ner that—

19 ‘‘(i) applies the same high standards

20 of academic performance to all students in

21 the State;

22 ‘‘(ii) takes into account the progress

23 of all students in the State and in each

24 local educational agency and school served

25 under section 1114 or 1115;
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1 ‘‘(iii) uses the State challenging con2 tent and challenging student performance

3 standards and assessments described in

4 paragraphs (1) and (4);

5 ‘‘(iv) compares separately, within each

6 State, local educational agency, and school,

7 the performance and progress of students,

8 by each major ethnic and racial group, by

9 gender, by English proficiency status, and

10 by economically disadvantaged students as

11 compared to students who are not eco12 nomically disadvantaged (except that such

13 disaggregation shall not be required in a

14 case in which the number of students in a

15 category is insufficient to yield statistically

16 reliable information or the results would

17 reveal individually identifiable information

18 about an individual student);

19 ‘‘(v) compares the proportions of stu20 dents at the basic, proficient, and ad21 vanced levels of performance with the pro22 portions of students at each of the 4 per23 formance levels in the same grade in the

24 previous school year;
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1 ‘‘(vi) endeavors to include other aca2 demic measures such as promotion, attend3 ance, drop-out rates, completion of college

4 preparatory courses, college admission

5 tests taken, and secondary school comple6 tion, except that failure to meet another

7 academic measure, other than student per8 formance on State assessments aligned

9 with State standards, shall not provide the

10 sole basis for designating a district or

11 school as in need of improvement;

12 ‘‘(vii) includes annual numerical ob13 jectives for improving the performance of

14 all groups described in clause (iv) and nar15 rowing gaps in performance between these

16 groups in, at least, the areas of mathe17 matics and English language arts; and

18 ‘‘(viii) includes a timeline for ensuring

19 that each group of students described in

20 clause (iv) meets or exceeds the State’s

21 proficient level of performance on each

22 State assessment used for the purposes of

23 this section and section 1116 not later

24 than 10 years after the date of enactment
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1 of the Public Education Reinvestment, Re2 invention, and Responsibility Act.

3 ‘‘(C) ACCOUNTABILITY.—Each State plan

4 shall demonstrate that the State has developed

5 and is implementing a statewide accountability

6 system that has been or will be effective in en7 suring that all local educational agencies, ele8 mentary schools, and secondary schools are

9 making adequate yearly progress as defined in

10 section 1111(b)(2)(B). Each State account11 ability system shall—

12 ‘‘(i) be based on the standards and as13 sessments adopted under paragraphs (1)

14 and (4) and take into account the perform15 ance of all students required by law to be

16 included in such assessments;

17 ‘‘(ii) be the same accountability sys18 tem the State uses for all schools or all

19 local educational agencies, if the State has

20 an accountability system for all schools or

21 all local educational agencies;

22 ‘‘(iii) provide for the identification of

23 schools or local educational agencies receiv24 ing funds under this part that for 2 con25 secutive years have exceeded such schools’
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1 or agencies’ adequate yearly progress goals

2 so that information about the practices

3 and strategies of such schools or agencies

4 can be disseminated to other schools in the

5 local educational agency and in the State

6 and such schools can be considered for re7 wards provided under title VII of this Act;

8 ‘‘(iv) provide for the identification of

9 schools and local educational agencies in

10 need of improvement, as required by sec11 tion 1116, and for the provision of tech12 nical assistance, professional development,

13 and other capacity-building as needed, in14 cluding those measures specified in sec15 tions 1116(d)(9) and 1117, to ensure that

16 schools and local educational agencies so

17 identified have the resources, skills, and

18 knowledge needed to carry out their obliga19 tions under sections 1114 and 1115 and to

20 meet the requirements for annual improve21 ment described in paragraph (2); and

22 ‘‘(v) provide for the identification of

23 schools and local educational agencies for

24 corrective action or actions as required by

25 section 1116, and for the implementation
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1 of corrective actions against school and

2 school districts when such actions are re3 quired under such section.

4 ‘‘(D) ANNUAL IMPROVEMENT FOR

5 STATES.—For a State to make adequate yearly

6 progress under subparagraph (A)(iii), not less

7 than 90 percent of the local educational agen8 cies within the State shall meet the State’s cri9 teria for adequate yearly progress.

10 ‘‘(E) ANNUAL IMPROVEMENT FOR LOCAL

11 EDUCATIONAL AGENCIES.—For a local edu12 cational agency to make adequate yearly

13 progress under subparagraph (A)(ii), not less

14 than 90 percent of the schools served by the

15 local educational agency shall meet the State’s

16 criteria for adequate yearly progress.

17 ‘‘(F) ANNUAL IMPROVEMENT FOR

18 SCHOOLS.—For an elementary school or a sec19 ondary school to make adequate yearly progress

20 under subparagraph (A)(i), not less than 90

21 percent of each group of students described in

22 subparagraph (B)(iv) who are enrolled in such

23 school shall take the assessments described in

24 paragraph (4)(D) and in section 612(a)(17)(A)
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1 of the Individuals with Disabilities Education

2 Act.

3 ‘‘(G) PUBLIC NOTICE AND COMMENT.—

4 ‘‘(i) IN GENERAL.—Each State shall

5 submit information in the State plan dem6 onstrating that in developing such plan—

7 ‘‘(I) the State diligently sought

8 public comment from a range of insti9 tutions and individuals in the State

10 with an interest in improved student

11 achievement; and

12 ‘‘(II) the State made and will

13 continue to make a substantial effort

14 to ensure that information regarding

15 content standards, performance stand16 ards, assessments, and the State ac17 countability system is widely known

18 and understood by the public, parents,

19 teachers, and school administrators

20 throughout the State.

21 ‘‘(ii) EFFORTS.—The efforts described

22 in clause (i), at a minimum, shall include

23 annual publication of such information and

24 explanatory text to the public through such

25 means as the Internet, the media, and pub-
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1 lic agencies. Non-English language shall be

2 used to communicate with parents where

3 appropriate.

4 ‘‘(H) REVIEW.—The Secretary shall review

5 information from each State on the adequate

6 yearly progress of schools and local educational

7 agencies within the State required under sub8 paragraphs (A) and (B) for the purpose of de9 termining State and local compliance with sec10 tion 1116.

11 ‘‘(3) STATE AUTHORITY.—If a State edu12 cational agency provides evidence that is satisfactory

13 to the Secretary that neither the State educational

14 agency nor any other State government official,

15 agency, or entity has sufficient authority under

16 State law to adopt curriculum content and student

17 performance standards, and assessments aligned

18 with such standards, that will be applicable to all

19 students enrolled in the State’s public schools, then

20 the State educational agency may meet the require21 ments of this subsection by—

22 ‘‘(A) adopting curriculum content and stu23 dent performance standards and assessments

24 that meet the requirements of this subsection,

25 on a statewide basis, and limiting the applica-
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1 bility of such standards and assessments to stu2 dents served under this part; or

3 ‘‘(B) adopting and implementing policies

4 that ensure that each local educational agency

5 within a State receiving a grant under this part

6 will adopt curriculum content and student per7 formance standards and assessments—

8 ‘‘(i) that are aligned with the stand9 ards described in subparagraph (A); and

10 ‘‘(ii) that meet the criteria in this sub11 section and any regulations regarding such

12 standards and assessments that the Sec13 retary may publish and that are applicable

14 to all students served by each such local

15 educational agency.

16 ‘‘(4) ASSESSMENTS.—Each State plan shall

17 demonstrate that the State has implemented a set of

18 high quality, yearly student assessments that in19 clude, at a minimum, assessments in mathematics,

20 science, and English language arts, that will be

21 used, starting not later than the 2000–2001 school

22 year as the primary means of determining the yearly

23 performance of each local educational agency and

24 school served by the State under this title in ena25 bling all children to meet the State’s challenging
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1 content and student performance standards. Such

2 assessments shall—

3 ‘‘(A) be the same assessments used to

4 measure the performance of all children, if the

5 State measures the performance of all children;

6 ‘‘(B) be aligned with the State’s chal7 lenging content and student performance stand8 ards, and provide coherent information about

9 student attainment of such standards;

10 ‘‘(C) be used only for purposes for which

11 such assessments are valid and reliable, and be

12 consistent with relevant, nationally recognized

13 professional and technical standards for such

14 assessments;

15 ‘‘(D) measure the performance of students

16 against the challenging State content and stu17 dent performance standards, and be adminis18 tered not less than once during—

19 ‘‘(i) grades 3 through 5;

20 ‘‘(ii) grades 6 through 9; and

21 ‘‘(iii) grades 10 through 12;

22 ‘‘(E) include multiple, up-to-date measures

23 of student performance, including measures

24 that assess higher order thinking skills and un25 derstanding;
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1 ‘‘(F) provide for—

2 ‘‘(i) the participation in such assess3 ments of all students;

4 ‘‘(ii) the reasonable adaptations and

5 accommodations for students with disabil6 ities as defined in 602(3) of the Individ7 uals with Disabilities Education Act nec8 essary to measure the achievement of such

9 students relative to State content and stu10 dent performance standards;

11 ‘‘(iii) in the case of a student with

12 limited English proficiency, the assessment

13 of such student in the student’s native lan14 guage if such a native language assessment

15 is more likely than an English language

16 assessment to yield accurate and reliable

17 information on what that student knows

18 and is able to do; and

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

20 assessment (using tests written in English)

21 of English language arts of any student

22 who has attended school in the United

23 States (not including the Commonwealth of

24 Puerto Rico) for 3 or more consecutive

25 school years, except if the local educational
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1 agency determines, on a case-by-case indi2 vidual basis, that assessments in another

3 language and form would likely yield more

4 accurate and reliable information on what

5 such students know and can do, the local

6 educational agency may assess such stu7 dents in the appropriate language other

8 than English for 1 additional consecutive

9 year beyond the third consecutive year;

10 and

11 ‘‘(G) include students who have attended

12 schools in a local educational agency for a full

13 academic year but have not attended a single

14 school for a full academic year, except that the

15 performance of students who have attended

16 more than 1 school in the local educational

17 agency in any academic year shall be used only

18 in determining the progress of the local edu19 cational agency;

20 ‘‘(H) provide individual student reports to

21 be submitted to parents, including assessment

22 scores or other information on the attainment

23 of student performance standards; and

24 ‘‘(I) enable results to be disaggregated

25 within each State, local educational agency, and
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1 school by gender, by each major racial and eth2 nic group, by English proficiency status, and by

3 economically disadvantaged students as com4 pared to students who are not economically dis5 advantaged.

6 ‘‘(5) RIGOROUS CRITERIA.—States are encour7 aged to use rigorous criteria assessment measures.

8 ‘‘(6) FIRST GRADE LITERACY ASSESSMENT.—In

9 addition to those assessments described in para10 graph (4), each State receiving funds under this

11 part shall describe in its State plan what reasonable

12 steps it is taking to assist and encourage local edu13 cational agencies—

14 ‘‘(A) to measure literacy skills of first

15 graders in schools receiving funds under this

16 part by providing assessments of first graders

17 that are—

18 ‘‘(i) developmentally appropriate;

19 ‘‘(ii) aligned with State content and

20 student performance standards; and

21 ‘‘(iii) scientifically research-based; and

22 ‘‘(B) to assist and encourage local edu23 cational agencies receiving funds under this

24 part in identifying and taking developmentally

25 appropriate and effective interventions in any
28

•S 2254 IS

1 school served under this part in which a sub2 stantial number of first graders have not dem3 onstrated grade-level literacy proficiency by the

4 end of the school year.

5 ‘‘(7) LANGUAGE ASSESSMENTS.—Each State

6 plan shall identify the languages other than English

7 and Spanish that are present in the participating

8 student populations in the State, and indicate the

9 languages for which yearly student assessments are

10 not available and are needed. The State may request

11 assistance from the Secretary if linguistically acces12 sible assessment measures are needed. Upon request,

13 the Secretary shall assist with the identification of

14 appropriate assessment measures in the needed lan15 guages, but shall not mandate a specific assessment

16 or mode of instruction.

17 ‘‘(8) ASSESSMENT DEVELOPMENT.—A State

18 shall develop and implement the State assessments,

19 including, at a minimum, mathematics and English

20 language arts, by the 2000–2001 school year.

21 ‘‘(9) REQUIREMENT.—Each State plan shall

22 describe—

23 ‘‘(A) how the State educational agency will

24 assist each local educational agency and school

25 affected by the State plan to develop the capac-
29

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1 ity to comply with each of the requirements of

2 sections 1114(b), 1115(c), and 1116 that are

3 applicable to such agency or school;

4 ‘‘(B) how the State educational agency

5 will—

6 ‘‘(i) hold each local educational agency

7 affected by the State plan accountable for

8 improved student performance, including a

9 procedure for—

10 ‘‘(I) identifying local educational

11 agencies and schools in need of im12 provement; and

13 ‘‘(II) assisting local educational

14 agencies and schools identified under

15 subclause (I) to address achievement

16 problems, including thorough descrip17 tions of the amounts and types of pro18 fessional development to be provided

19 instructional staff, the amount of any

20 financial assistance to be provided by

21 the State under section 1003, and the

22 amount of any funds to be provided

23 by other sources and the activities to

24 be provided by those sources; and
30

•S 2254 IS

1 ‘‘(ii) implementing corrective action if

2 assistance is not effective;

3 ‘‘(C) how the State educational agency is

4 providing low-performing students additional

5 academic instruction, such as before- and after6 school programs and summer academic pro7 grams;

8 ‘‘(D) such other factors the State considers

9 appropriate to provide students an opportunity

10 to achieve the knowledge and skills described in

11 the State’s challenging content standards;

12 ‘‘(E) the specific steps the State edu13 cational agency will take or the specific strate14 gies the State educational agency will use to en15 sure that—

16 ‘‘(i) all teachers in both schoolwide

17 programs and targeted assistance pro18 grams are fully qualified not later than

19 December 31, 2005; and

20 ‘‘(ii) low-income students and minor21 ity students are not taught at higher rates

22 than other students by unexperienced,

23 uncertified, or out-of-field teachers; and

24 ‘‘(F) the measures the State educational

25 agency will use to evaluate and publicly report
31

•S 2254 IS

1 the State’s progress in improving the quality of

2 instruction in the schools served by the State

3 educational agency and local educational agen4 cies receiving funding under this Act.

5 ‘‘(c) OTHER PROVISIONS TO SUPPORT TEACHING

6 AND LEARNING.—Each State plan shall contain assur7 ances that—

8 ‘‘(1) the State educational agency will work

9 with other agencies, including educational service

10 agencies or other local consortia and institutions to

11 provide technical assistance to local educational

12 agencies and elementary schools and secondary

13 schools to carry out the State educational agency’s

14 responsibilities under this part, including technical

15 assistance in providing professional development

16 under section 1119(A) and technical assistance

17 under section 1117; and

18 ‘‘(2)(A) where educational service agencies

19 exist, the State educational agency will consider pro20 viding professional development and technical assist21 ance through such agencies; and

22 ‘‘(B) where educational service agencies do not

23 exist, the State educational agency will consider pro24 viding professional development and technical assist-
32

•S 2254 IS

1 ance through other cooperative agreements, such as

2 through a consortium of local educational agencies;

3 ‘‘(3) the State educational agency will use the

4 disaggregated results of the student assessments re5 quired under subsection (b)(4), and other measures

6 or indicators available to the State, to review annu7 ally the progress of each local educational agency

8 and school served under this part to determine

9 whether each such agency and school is making the

10 annual progress necessary to ensure that all stu11 dents will meet the proficient level of performance

12 on the assessments described in subsection (b)(4)

13 within 10 years of the date of enactment of the Pub14 lic Education Reinvestment, Reinvention, and Re15 sponsibility Act;

16 ‘‘(4) the State educational agency will provide

17 the least restrictive and burdensome regulations for

18 local educational agencies and individual elementary

19 schools and secondary schools participating in a pro20 gram assisted under this part;

21 ‘‘(5) the State educational agency will regularly

22 inform the Secretary and the public in the State of

23 how Federal laws, if any, hinder the ability of States

24 to hold local educational agencies and schools ac25 countable for student academic performance;
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•S 2254 IS

1 ‘‘(6) the State educational agency will encour2 age elementary schools and secondary schools to

3 consolidate funds from other Federal, State, and

4 local sources for schoolwide reform in schoolwide

5 programs under section 1114;

6 ‘‘(7) the State educational agency will modify or

7 eliminate State fiscal and accounting barriers so

8 that elementary schools and secondary schools can

9 easily consolidate funds from other Federal, State,

10 and local sources for schoolwide programs under sec11 tion 1114;

12 ‘‘(8) the State educational agency has involved

13 the committee of practitioners established under sec14 tion 1703(b) (as redesignated by section 161(2)) in

15 developing and monitoring the implementation of the

16 State plan; and

17 ‘‘(9) the State educational agency will inform

18 local educational agencies of the local educational

19 agency’s authority to obtain waivers under title VIII

20 and, if the State is an Ed-Flex Partnership State,

21 waivers under the Education Flexibility Partnership

22 Act of 1999.

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

24 The Secretary shall—
34

•S 2254 IS

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

2 the review of State plans;

3 ‘‘(2) only approve a State plan meeting each of

4 the requirements of this section;

5 ‘‘(3) if the Secretary determines that the State

6 plan does not meet each of the requirements of sub7 section (a), (b), or (c), immediately notify the State

8 of such determination and the reasons for such de9 termination;

10 ‘‘(4) not disapprove a State plan before—

11 ‘‘(A) notifying the State educational agen12 cy in writing of the specific deficiencies of the

13 State plan;

14 ‘‘(B) offering the State an opportunity to

15 revise the State plan;

16 ‘‘(C) providing technical assistance in

17 order to assist the State to meet the require18 ments under subsections (a), (b), and (c); and

19 ‘‘(D) providing a hearing;

20 ‘‘(5) have the authority to disapprove a State

21 plan for not meeting the requirements of this sec22 tion, but shall not have the authority to require a

23 State, as a condition of approval of the State plan,

24 to include in, or delete from, such plan 1 or more

25 specific elements of the challenging State content
35

•S 2254 IS

1 standards or to use specific assessment instruments

2 or items; and

3 ‘‘(6) require a State to submit a revised State

4 plan that meets the requirements of this section to

5 the Secretary for approval not later than 1 year

6 after the date of enactment of the Public Education

7 Reinvestment, Reinvention, and Responsibility Act.

8 ‘‘(e) DURATION OF THE PLAN.—

9 ‘‘(1) IN GENERAL.—Each State plan shall—

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

11 the State’s participation under this part; and

12 ‘‘(B) be periodically reviewed and revised

13 by the State, as necessary, to reflect changes in

14 the State’s strategies and programs under this

15 part.

16 ‘‘(2) ADDITIONAL INFORMATION.—If the State

17 makes significant changes in its State plan, such as

18 the adoption of new challenging State content stand19 ards and State student performance standards, new

20 assessments, or a new definition of adequate yearly

21 progress, the State shall submit such information to

22 the Secretary.

23 ‘‘(f) LIMITATION ON CONDITIONS.—Nothing in this

24 part shall be construed to authorize an officer or employee

25 of the Federal Government to mandate, direct, or control
36

•S 2254 IS

1 a State’s, local educational agency’s, or elementary

2 school’s or secondary school’s specific challenging content

3 or student performance standards, assessments, curricula,

4 or program of instruction, as a condition of eligibility to

5 receive funds under this part.

6 ‘‘(g) PENALTIES.—

7 ‘‘(1) IN GENERAL.—If a State fails to meet the

8 statutory deadlines for demonstrating that the State

9 has in place challenging content standards and stu10 dent performance standards, assessments, a system

11 for measuring and monitoring adequate yearly

12 progress, and a statewide system for holding schools

13 and local educational agencies accountable for mak14 ing adequate yearly progress with each group of stu15 dents specified in subsection (b)(2)(B)(iv), the State

16 shall be ineligible to receive any administrative funds

17 under section 1703(c) that exceed the amount re18 ceived by the State for such purposes in the previous

19 year.

20 ‘‘(2) ADDITIONAL FUNDS.—Based on the extent

21 to which challenging content standards and student

22 performance standards, assessments, systems for

23 measuring and monitoring adequate yearly progress,

24 and a statewide system for holding schools and local

25 educational agencies accountable for making ade-
37

•S 2254 IS

1 quate yearly progress with each group of students

2 specified in subsection (b)(2)(B)(iv), are not in

3 place, the Secretary shall withhold additional admin4 istrative funds in such amount as the Secretary de5 termines appropriate, except that for each additional

6 year that the State fails to comply with such re7 quirements, the Secretary shall withhold not less

than 1 8 ⁄5 of the amount the State receives for admin9 istrative expenses under section 1703(c).

10 ‘‘(3) WAIVER.—

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

12 subparagraph (B), notwithstanding part D of

13 title VIII, the Education Flexibility Partnership

14 Act of 1999, or any other provision of law, a

15 waiver of this section shall not be granted, ex16 cept that a State may request a 1-time, 1-year

17 waiver to meet the requirements of this section.

18 ‘‘(B) EXCEPTION.—A waiver granted pur19 suant to subparagraph (A) shall not apply to

20 the requirements described under subsection

21 (h).

22 ‘‘(h) SPECIAL RULE ON SCIENCE STANDARDS AND

23 ASSESSMENTS.—Notwithstanding subsection (b) and part

24 D of title IV, no State shall be required to meet the re25 quirements under this title relating to science standards
38

•S 2254 IS

1 or assessments until the beginning of the 2005–2006

2 school year.’’.

3 SEC. 106. LOCAL EDUCATIONAL AGENCY PLANS.

4 (a) SUBGRANTS.—Section 1112(a)(1) (20 U.S.C.

5 6312(a)(1)) is amended by striking ‘‘’’ and all that follows

6 and inserting ‘‘the Individuals with Disabilities Education

7 Act, the Carl D. Perkins Vocational and Technical Edu8 cation Act of 1998, the Head Start Act, and other Acts,

9 as appropriate.’’.

10 (b) PLAN PROVISIONS.—Section 1112(b) (20 U.S.C.

11 6312(b)) is amended—

12 (1) by striking ‘‘Each’’ and inserting ‘‘In order

13 to help low-achieving children achieve high stand14 ards, each’’;

15 (2) in paragraph (1)—

16 (A) by striking ‘‘part’’ each place it ap17 pears and inserting ‘‘title’’; and

18 (B) in subparagraph (B), by inserting

19 ‘‘low-achieving’’ before ‘‘children’’;

20 (3) in paragraph (4)—

21 (A) in subparagraph (A)—

22 (i) by striking ‘‘program,’’ and insert23 ing ‘‘programs and’’; and

24 (ii) by striking ‘‘, and school-to-work

25 transition programs’’; and
39

•S 2254 IS

1 (B) in subparagraph (B), by striking

2 ‘‘under part C’’ and all that follows through

3 ‘‘dropping out’’ and inserting ‘‘under part C,

4 neglected or delinquent youth,’’;

5 (4) in paragraph (7), by striking ‘‘eligible’’;

6 (5) in paragraph (9), by striking the period and

7 inserting a semicolon; and

8 (6) by adding at the end the following new

9 paragraphs:

10 ‘‘(10) a description of the actions the local edu11 cational agency will take to assist the low-per12 forming schools served by the local educational agen13 cy, including schools identified under section 1116

14 as in need of improvement; and

15 ‘‘(11) a description of how the local educational

16 agency will promote the use of alternative instruc17 tional methods, and extended learning time, such as

18 an extended school year, before- and after-school

19 programs, and summer programs.’’.

20 (c) ASSURANCES.—Section 1112(c) (20 U.S.C.

21 6312(c)) is amended to read as follows:

22 ‘‘(c) ASSURANCES.—

23 ‘‘(1) IN GENERAL.—Each local educational

24 agency plan shall provide assurances that the local

25 educational agency will—
40

•S 2254 IS

1 ‘‘(A) specify the steps the local educational

2 agency will take to ensure that all teachers in

3 both schoolwide programs and targeted assist4 ance are fully qualified not later than December

5 31, 2005 and the strategies the local edu6 cational agency will use to ensure that low-in7 come students and minority students are not

8 taught at higher rates than other children by

9 inexperienced, uncertified, or out-of-field teach10 ers, and the measures the agency will use to

11 evaluate and publicly report progress in improv12 ing the quality of instruction in schools served

13 by the local educational agency and receiving

14 funding under this Act;

15 ‘‘(B) reserve not less than 10 percent of

16 the funds the agency receives under this part

17 for high quality professional development, as

18 defined in section 1119, for professional in19 struction staff;

20 ‘‘(C) provide eligible schools and parents

21 with information regarding schoolwide project

22 authority and the ability of such schools to con23 solidate funds from Federal, State, and local

24 sources;
41

•S 2254 IS

1 ‘‘(D) provide technical assistance and sup2 port to schoolwide programs;

3 ‘‘(E) work in consultation with schools as

4 the schools develop a school plan pursuant to

5 section 1114(b)(2), and assist schools in imple6 menting such plans or undertaking activities

7 pursuant to section 1115(c), so that each school

8 can make adequate yearly progress toward

9 meeting the challenging State student perform10 ance standards;

11 ‘‘(F) use the disaggregated results of the

12 student assessments required under section

13 1111(b)(4), and other measures or indicators

14 available to the agency, to review annually the

15 progress of each school served by the agency

16 and receiving funds under this title to deter17 mine whether or not all schools are making the

18 annual progress necessary to ensure that all

19 students will meet the proficient level of per20 formance on the assessments described in sec21 tion 1111(b)(4) within 10 years of the date of

22 enactment of the Public Education Reinvest23 ment, Reinvention, and Responsibility Act;

24 ‘‘(G) set and hold schools served by the

25 local educational agency accountable for meet-
42

•S 2254 IS

1 ing annual numerical goals for improving the

2 performance of all groups of students based on

3 the performance standards set by the State

4 under section 1111(b)(1)(D)(ii);

5 ‘‘(H) fulfill the local educational agency’s

6 school improvement responsibilities under sec7 tion 1116, including taking corrective actions

8 under section 1116(c)(9);

9 ‘‘(I) provide the State educational agency

10 with—

11 ‘‘(i) an annual, up-to-date, and accu12 rate list of all schools served by the local

13 educational agency that are eligible for

14 school improvement and corrective action;

15 ‘‘(ii) the reasons why each school de16 scribed in clause (i) was identified for

17 school improvement or corrective action;

18 and

19 ‘‘(iii) the specific plans for improving

20 student performance in each of the schools

21 described in clause (i), including the spe22 cific numerical achievement goals for the

23 succeeding 2 school years, for each group

24 of students specified in section
43

•S 2254 IS

1 1111(b)(2)(B)(iv) enrolled in each such

2 school;

3 ‘‘(J) provide services to eligible children at4 tending private elementary schools and sec5 ondary schools in accordance with section 1120,

6 and provide timely and meaningful consultation

7 with private school officials regarding such serv8 ices;

9 ‘‘(K) take into account the experience of

10 model programs for the educationally disadvan11 taged and the findings of relevant scientifically

12 based research when developing technical assist13 ance plans for, and delivering technical assist14 ance to, schools served by the local educational

15 agency that are receiving funds under this part

16 and are in school improvement or corrective ac17 tion;

18 ‘‘(L) in the case of a local educational

19 agency that chooses to use funds under this

20 part to provide early childhood development

21 services to low-income children below the age of

22 compulsory school attendance, ensure that such

23 services comply with the performance standards

24 established under section 641A(a) of the Head

25 Start Act;
44

•S 2254 IS

1 ‘‘(M) comply with the requirements of sec2 tion 1119 regarding the qualifications of teach3 ers and paraprofessionals;

4 ‘‘(N) inform eligible schools served by the

5 local educational agency of the agency’s author6 ity to obtain waivers on such school’s behalf

7 under title VIII, and if the State is an Ed-Flex

8 Partnership State, under the Education Flexi9 bility Partnership Act of 1999; and

10 ‘‘(O) coordinate and collaborate, to the ex11 tent feasible and necessary as determined by

12 the local educational agency, with other agen13 cies providing services to children, youth, and

14 their families.

15 ‘‘(2) MODEL PROGRAMS; SCIENTIFICALLY

16 BASED RESEARCH.—In carrying out paragraph

17 (1)(K)—

18 ‘‘(A) the Secretary shall consult with the

19 Secretary of Health and Human Services on the

20 implementation of such subparagraph, and shall

21 establish procedures (taking into consideration

22 existing State and local laws and local teacher

23 contracts) to assist local educational agencies to

24 comply with such subparagraph;
45

•S 2254 IS

1 ‘‘(B) the Secretary shall disseminate to

2 local educational agencies the Head Start per3 formance standards under section 641A(a) of

4 the Head Start Act upon such standard’s publi5 cation; and

6 ‘‘(C) local educational agencies affected by

7 such subparagraph shall plan for the implemen8 tation of such subparagraph (taking into con9 sideration existing State and local laws, and

10 local teacher contracts), including pursuing the

11 availability of other Federal, State, and local

12 funding sources to assist in compliance with

13 such subparagraph.

14 ‘‘(3) INAPPLICABILITY.—The provisions of this

15 subsection shall not apply to preschool programs

16 using the Even Start model or to Even Start pro17 grams.’’.

18 (d) PLAN DEVELOPMENT AND DURATION.—Section

19 1112(d) (20 U.S.C. 6312(d)) is amended to read as fol20 lows:

21 ‘‘(d) PLAN DEVELOPMENT AND DURATION.—

22 ‘‘(1) CONSULTATION.—Each local educational

23 agency plan shall be developed in consultation with

24 teachers, principals, local school boards, administra25 tors (including administrators of programs described
46

•S 2254 IS

1 in other parts of this title), other appropriate school

2 personnel, and parents of children in elementary

3 schools and secondary schools served under this

4 part.

5 ‘‘(2) DURATION.—Each plan described in para6 graph (1) shall remain in effect for the duration of

7 the local educational agency’s participation under

8 this part.

9 ‘‘(3) REVIEW.—Each local educational agency

10 shall periodically review, and as necessary, revise its

11 plan.’’.

12 (e) STATE APPROVAL.—Section 1112(e) (20 U.S.C.

13 6312(e)) is amended to read as follows:

14 ‘‘(e) PEER REVIEW AND STATE APPROVAL.—

15 ‘‘(1) IN GENERAL.—Each local educational

16 agency plan shall be filed according to a schedule es17 tablished by the State educational agency.

18 ‘‘(2) APPROVAL.—The State educational agency

19 shall establish a peer review process to assist in the

20 review of local educational agency plans. The State

21 educational agency shall approve a local educational

22 agency plan only if the State educational agency de23 termines that the local educational agency plan—

24 ‘‘(A) will enable elementary schools and

25 secondary schools served by the local edu-
47

•S 2254 IS

1 cational agency and under this part to help all

2 groups of students specified in section

3 1111(b)(1) meet or exceed the proficient level

4 of performance on the assessments required

5 under section 1111(b)(4) within 10 years of the

6 date of enactment of the Public Education Re7 investment, Reinvention, and Responsibility

8 Act; and

9 ‘‘(B) meets each of the requirements of

10 this section.

11 ‘‘(3) STATE REVIEW.—Each State educational

12 agency shall at least annually review each local agen13 cy plan approved under this subsection against the

14 results of the disaggregated assessments required

15 under section 1111(b)(4) for each local educational

16 agency to ensure that the progress of all students in

17 schools served by each local educational agency

18 under this part is adequate to ensure that all stu19 dents in the State will meet or exceed the proficient

20 standard level of performance on assessments within

21 10 years of the date of enactment of the Public Edu22 cation Reinvestment, Reinvention, and Responsibility

23 Act.
48

•S 2254 IS

1 ‘‘(4) PUBLIC REVIEW.—Each State educational

2 agency will make publicly available each local edu3 cational agency plan.’’.

4 (f) PARENTAL NOTIFICATION FOR ENGLISH LAN5 GUAGE INSTRUCTION.—Section 1112 (20 U.S.C. 6312) is

6 amended by adding at the end the following:

7 ‘‘(g) PARENTAL NOTIFICATION AND CONSENT FOR

8 ENGLISH LANGUAGE INSTRUCTION.—

9 ‘‘(1) NOTIFICATION.—If a local educational

10 agency uses funds under this part to provide English

11 language instruction to limited English proficient

12 students, the local educational agency shall inform a

13 parent or the parents of a child participating in an

14 English language assistance educational program as15 sisted under this part of—

16 ‘‘(A) the reasons for the identification of

17 the child as being in need of English language

18 instruction;

19 ‘‘(B) the child’s level of English pro20 ficiency, how such level was assessed, and the

21 status of the child’s academic achievement;

22 ‘‘(C) how the English language assistance

23 educational program will specifically help the

24 child learn English and meet age-appropriate

25 standards for grade promotion and graduation;
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•S 2254 IS

1 ‘‘(D) the specific exit requirements of the

2 English language assistance educational pro3 gram;

4 ‘‘(E) the expected rate of graduation from

5 the English language assistance educational

6 program into mainstream classes; and

7 ‘‘(F) the expected rate of graduation from

8 secondary school if funds under this part are

9 used for children in secondary schools.

10 ‘‘(2) CONSENT; PARENTAL RIGHTS.—

11 ‘‘(A) IN GENERAL.—A parent or the par12 ents of a child participating in an English lan13 guage assistance educational program under

14 this part shall—

15 ‘‘(i) have the option of selecting

16 among methods of instruction, if more

17 than one method is offered in the program;

18 and

19 ‘‘(ii) have the right to have their child

20 immediately removed from the program

21 upon their request.

22 ‘‘(B) RECEIPT OF INFORMATION.—A par23 ent or the parents of a child identified for par24 ticipation in an English language assistance

25 educational program under this part shall re-
50

•S 2254 IS

1 ceive, in a manner and form understandable to

2 the parent or parents, the information required

3 by this subsection. At a minimum, the parent

4 or parents shall receive—

5 ‘‘(i) timely information about English

6 language assistance educational programs

7 for limited English proficient children as8 sisted under this part; and

9 ‘‘(ii) if a parent of a participating

10 child so desires, notice of opportunities for

11 regular meetings of parents of limited

12 English proficient children participating in

13 English language assistance educational

14 programs under this part for the purpose

15 of formulating and responding to rec16 ommendations from such parents.

17 ‘‘(3) BASIS FOR ADMISSION OR EXCLUSION.—

18 No student shall be admitted to or excluded from

19 any federally assisted education program solely on

20 the basis of a surname or language minority sta21 tus.’’.

22 SEC. 107. SCHOOLWIDE PROGRAMS.

23 (a) USE OF FUNDS FOR SCHOOLWIDE PROGRAMS.—

24 Section 1114(a) (20 U.S.C. 6314(a)) is amended—
51

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1 (1) in paragraph (1), by striking ‘‘school de2 scribed in subparagraph (A)’’ and all that follows

3 through ‘‘such families.’’ the second place it appears

4 and inserting ‘‘school that serves an eligible school

5 attendance area in which—

6 ‘‘(A) not less than 40 percent of the chil7 dren are from low-income families; or

8 ‘‘(B) not less than 40 percent of the chil9 dren enrolled in the school are from such fami10 lies.’’; and

11 (2) in paragraph (2)—

12 (A) in subparagraph (A), by striking ‘‘sub13 sections (c)(1) and (e) of’’; and

14 (B) in subparagraph (B), by striking ‘‘sub15 sections (c)(1) and (e) of’’.

16 (b) COMPONENTS OF A SCHOOLWIDE PROGRAM.—

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

18 (1) in paragraph (1)—

19 (A) in subparagraph (A), by striking ‘‘sec20 tion 1111(b)(1)’’ and inserting ‘‘section

21 1111(b)’’;

22 (B) in subparagraph (B)—

23 (i) in clause (i), by striking ‘‘section

24 1111(b)(1)(D)’’ and inserting ‘‘1111(b)’’;
52

•S 2254 IS

1 (ii) in clause (iii)(II), by inserting

2 ‘‘and’’ after the semicolon;

3 (iii) in clause (iv)(II), by striking ‘‘;

4 and’’ and inserting a period; and

5 (iv) by striking clause (vii); and

6 (C) in subparagraph (G), by striking ‘‘sec7 tion 1112(b)(1)’’ and inserting ‘‘section 1112’’;

8 and

9 (2) in paragraph (2)—

10 (A) in subparagraph (A)—

11 (i) by striking ‘‘Improving America’s

12 Schools Act of 1994’’ and inserting ‘‘Pub13 lic Education Reinvestment, Reinvention,

14 and Responsibility Act’’;

15 (ii) by striking ‘‘subsections (c)(1)

16 and (e) of’’; and

17 (iii) in clause (iv), by striking ‘‘section

18 1111(b)(3)’’ and inserting ‘‘section

19 1111(b)(4)’’;

20 (B) in subparagraph (B), by striking

21 ‘‘paragraphs (1) and (3) of section 1111(b)’’

22 and inserting ‘‘paragraphs (1) and (4) of sec23 tion 1111(b)’’; and

24 (C) in subparagraph (C)(i)—
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1 (i) in subclause (I), by striking ‘‘sub2 sections (c) and (e) of’’; and

3 (ii) in subclause (II), by striking ‘‘Im4 proving America’s Schools Act of 1994’’

5 and inserting ‘‘Public Education Reinvest6 ment, Reinvention, and Responsibility

7 Act’’.

8 SEC. 108. SCHOOL CHOICE.

9 Section 1115A (20 U.S.C. 6316) is amended to read

10 as follows:

11 ‘‘SEC. 1115A. SCHOOL CHOICE.

12 ‘‘(a) CHOICE PROGRAMS.—A local educational agen13 cy may use funds under this part, in combination with

14 State, local, and private funds, to develop and implement

15 public school choice programs, for children eligible for as16 sistance under this part, that permit parents to select the

17 public school that their child will attend and are consistent

18 with State and local law, policy, and practice related to

19 public school choice and local pupil transfer.

20 ‘‘(b) CHOICE PLAN.—A local educational agency that

21 chooses to implement a public school choice program

22 under this section shall first develop a plan that—

23 ‘‘(1) contains an assurance that all eligible stu24 dents across grade levels served under this part will

25 have equal access to the program;
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1 ‘‘(2) contains an assurance that the program

2 does not include elementary schools or secondary

3 schools that follow a racially discriminatory policy;

4 ‘‘(3) describes how elementary schools or sec5 ondary schools will use resources under this part,

6 and from other sources, to implement the plan;

7 ‘‘(4) contains an assurance that the plan will be

8 developed with the involvement of parents and others

9 in the community to be served, and individuals who

10 will carry out the plan, including administrators,

11 teachers, principals, and other staff;

12 ‘‘(5) contains an assurance that parents of eli13 gible students served by the local educational agency

14 will be given prompt notice of the existence of the

15 public school choice program, the program’s avail16 ability to such parents, and a clear explanation of

17 how the program will operate;

18 ‘‘(6) contains an assurance that the public

19 school choice program—

20 ‘‘(A) shall include charter schools and any

21 other public elementary school and secondary

22 school; and

23 ‘‘(B) shall not include as a ‘receiving

24 school’ an elementary school or a secondary

25 school that—
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1 ‘‘(i) is or has been identified as a

2 school in, or eligible for, school improve3 ment or corrective action;

4 ‘‘(ii) has been in school improvement

5 or corrective action within the last 2 con6 secutive academic years; or

7 ‘‘(iii) is at risk of being eligible for

8 school improvement within the next school

9 year;

10 ‘‘(7) contains an assurance that transportation

11 services or the costs of transportation to and from

12 the public school choice program—

13 ‘‘(A) may be provided by the local edu14 cational agency with funds under this part and

15 from other sources; and

16 ‘‘(B) shall not be provided from funds

17 made available under this part to the local edu18 cational agency that exceed 10 percent of such

19 funds; and

20 ‘‘(8) contains an assurance that such local edu21 cational agency will comply with the other require22 ments of this part.’’.
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1 SEC. 109. ASSESSMENT AND LOCAL EDUCATIONAL AGENCY

2 AND SCHOOL IMPROVEMENT.

3 (a) LOCAL REVIEW.—Section 1116(a) (20 U.S.C.

4 6317(a)) is amended—

5 (1) in paragraph (2), by striking

6 ‘‘1111(b)(2)(A)(i)’’ and inserting ‘‘1111(b)(2)(B)’’;

7 (2) in paragraph (3)—

8 (A) by striking ‘‘individual school perform9 ance profiles’’ and inserting ‘‘school report

10 cards’’;

11 (B) by striking ‘‘1111(b)(3)(I)’’ and in12 serting ‘‘1111(b)(4)(I)’’; and

13 (C) by striking ‘‘and’’ after the semicolon;

14 (3) in paragraph (4), by striking the period and

15 inserting ‘‘; and’’; and

16 (4) by adding at the end the following:

17 ‘‘(5) review the effectiveness of the actions and

18 activities the schools are carrying out under this

19 part with respect to parental involvement assisted

20 under this Act.’’.

21 (b) SCHOOL IMPROVEMENT.—Section 1116(c) (20

22 U.S.C. 6317(c)) is amended to read as follows:

23 ‘‘(c) SCHOOL IMPROVEMENT.—

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

25 shall identify for school improvement any elementary
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1 school or secondary school served under this part

2 that—

3 ‘‘(A) for 2 consecutive years failed to make

4 adequate yearly progress as defined in the

5 State’s plan under section 1111(b)(2); or

6 ‘‘(B) was in, or was eligible for, school im7 provement status under this section on the day

8 preceding the date of the enactment of the Pub9 lic Education Reinvestment, Reinvention, and

10 Responsibility Act.

11 ‘‘(2) TRANSITION.—The 2-year period described

12 in paragraph (1)(A) shall include any continuous pe13 riod of time immediately preceding the date of the

14 enactment of the Public Education Reinvestment,

15 Reinvention, and Responsibility Act during which an

16 elementary school or a secondary school did not

17 make adequate yearly progress as defined in the

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

19 preceding the date of enactment of the Public Edu20 cation Reinvestment, Reinvention and Responsibility

21 Act.

22 ‘‘(3) TARGETED ASSISTANCE SCHOOLS.—To de23 termine if an elementary school or a secondary

24 school that is conducting a targeted assistance pro25 gram under section 1115 should be identified as in
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1 need of improvement under this subsection, a local

2 educational agency may choose to review the

3 progress of only those students in such school who

4 are served, or are eligible for services, under this

5 part.

6 ‘‘(4) OPPORTUNITY TO REVIEW AND PRESENT

7 EVIDENCE.—(A) Before identifying an elementary

8 school or a secondary school for school improvement

9 under paragraph (1), the local educational agency

10 shall provide the school with an opportunity to re11 view the school level data, including assessment

12 data, on which the proposed identification is based.

13 ‘‘(B) If the principal of a school proposed for

14 identification as in need of school improvement be15 lieves that the proposed identification is in error for

16 statistical or other substantive reasons, the principal

17 may provide supporting evidence to the local edu18 cational agency, which the agency shall consider be19 fore making a final determination.

20 ‘‘(5) TIME LIMITS.—Not later than 30 days

21 after a local educational agency makes its initial de22 termination that a school served by the agency and

23 receiving assistance under this part is eligible for

24 school improvement, the local educational agency
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1 shall make public a final determination on the status

2 of the school.

3 ‘‘(6) NOTIFICATION TO PARENTS.—A local edu4 cational agency shall, in an easily understandable

5 format, and in the 3 languages, other than English,

6 spoken by the greatest number of individuals in the

7 area served by the local educational agency, provide

8 in writing to parents of each student in an elemen9 tary school or a secondary school identified for

10 school improvement—

11 ‘‘(A) an explanation of what the school im12 provement identification means, and how the

13 school identified for improvement compares in

14 terms of academic performance to other elemen15 tary schools or secondary schools served by the

16 local educational agency and the State edu17 cational agency;

18 ‘‘(B) the reasons for such identification;

19 ‘‘(C) the data on which such identification

20 was based;

21 ‘‘(D) an explanation of what the school

22 identified for improvement is doing to address

23 the problem of low achievement;

24 ‘‘(E) an explanation of what the local edu25 cational agency or State educational agency is
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1 doing to help the school address its achievement

2 problems, including the amounts and types of

3 professional development being provided to the

4 instructional staff in such school, the amount of

5 any financial assistance being provided by the

6 State educational agency under section 1003,

7 and the activities that are being provided with

8 such financial assistance;

9 ‘‘(F) an explanation of how parents de10 scribed in this paragraph can become involved

11 in addressing the academic issues that caused

12 the school to be identified as in need of im13 provement; and

14 ‘‘(G) an explanation of the right of par15 ents, pursuant to paragraph (7), to transfer

16 their child to a higher performing public school,

17 including a public charter school or magnet

18 school, that is not in school improvement, and

19 how such transfer shall operate.

20 ‘‘(7) PUBLIC SCHOOL CHOICE OPTION.—

21 ‘‘(A) SCHOOLS IN CORRECTIVE ACTION.—

22 ‘‘(i) SCHOOLS IN CORRECTIVE ACTION

23 ON OR BEFORE DATE OF ENACTMENT.—In

24 the case of a school identified for corrective

25 action on or before the date of enactment
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1 of the Public Education Reinvestment, Re2 invention, and Responsibility Act, a local

3 educational agency shall not later than 18

4 months after such date of enactment pro5 vide all students enrolled in the school an

6 option to transfer (consistent with State

7 and local law, policy, and practices related

8 to public school choice and local pupil

9 transfer) to any other higher performing

10 public school, including a public charter or

11 magnet school, that—

12 ‘‘(I) has not been identified for

13 school improvement or corrective ac14 tion;

15 ‘‘(II) is not at risk of being iden16 tified for school improvement or cor17 rective action within the succeeding

18 academic year; and

19 ‘‘(III) has not been in corrective

20 action at any time during the 2 pre21 ceding academic years.

22 ‘‘(ii) SCHOOLS IDENTIFIED AFTER

23 DATE OF ENACTMENT.—In the case of a

24 school identified for corrective action after

25 the date of enactment of the Public Edu-
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1 cation Reinvestment, Reinvention, and Re2 sponsibility Act, a local educational agency

3 shall not later than 12 months after the

4 date on which a local educational agency

5 identifies the school for corrective action

6 provide all students enrolled in the school

7 with the transfer option described in clause

8 (i).

9 ‘‘(B) COOPERATIVE AGREEMENT.—If all

10 public schools served by the local educational

11 agency to which a child may transfer under

12 clause (i) are identified for corrective action,

13 the local educational agency shall, to the extent

14 practicable, establish a cooperative agreement

15 with other local educational agencies that serve

16 geographic areas in proximity to the geographic

17 area served by the local educational agency, to

18 enable a child to transfer (consistent with State

19 and local law, policy, and practices related to

20 public school choice and local pupil transfer) to

21 a school served by such other local educational

22 agencies that meets the requirements described

23 in subparagraph (A)(i).

24 ‘‘(C) TRANSPORTATION.—A local edu25 cational agency that serves a school that has
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1 been identified for corrective action shall pro2 vide transportation services or the costs of such

3 services for children of parents who choose to

4 transfer their children pursuant to this para5 graph to a different school. Not more than 10

6 percent of the funds allocated to a local edu7 cational agency under this part may be used to

8 provide such transportation services or costs of

9 such services.

10 ‘‘(D) CONTINUATION OPTION.—Once a

11 school is no longer identified for or in corrective

12 action, the local educational agency shall con13 tinue to provide public school choice as an op14 tion to students in such schools for a period of

15 not less than 2 years.

16 ‘‘(8) SCHOOL PLAN.—(A) Each school identified

17 under paragraph (1) for school improvement shall,

18 after being so identified, develop or revise a school

19 plan, in consultation with parents, school staff, the

20 local educational agency serving the school, the local

21 school board, and other outside experts, for approval

22 by such local educational agency. The school plan

23 shall—

24 ‘‘(i) incorporate scientifically based re25 search strategies that strengthen the core aca-
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1 demic programs in the school and address the

2 specific academic issues that caused the school

3 to be identified for school improvement;

4 ‘‘(ii) adopt policies and practices in the

5 school’s core academic program that have the

6 greatest likelihood of ensuring that all groups

7 of students specified in section

8 1111(b)(2)(B)(iv) enrolled in the school will

9 meet or exceed the State’s proficient level of

10 performance on the assessment required in sec11 tion 1111(b)(4) within 10 years of the date of

12 enactment of the Public Education Reinvest13 ment, Reinvention, and Responsibility Act;

14 ‘‘(iii) assure that the school will reserve

15 not less than 10 percent of the funds made

16 available to it under this part for each fiscal

17 year that the school is in school improvement

18 for the purpose of providing the school’s teach19 ers and principal high quality professional de20 velopment that—

21 ‘‘(I) directly addresses the academic

22 achievement problem that caused the

23 school to be identified for school improve24 ment; and
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1 ‘‘(II) meets the requirements for pro2 fessional development activities under sec3 tion 1119;

4 ‘‘(iv) specify how the funds described in

5 clause (iii) will be used to remove the school

6 from school improvement status;

7 ‘‘(v) establish specific annual, numerical

8 progress goals for each group of students speci9 fied in section 1111(b)(2)(B)(iv) enrolled in the

10 school that will ensure that all such groups of

11 students meet or exceed the State’s proficient

12 standard level of performance within 10 years

13 of the date of enactment of the Public Edu14 cation Reinvestment, Reinvention, and Respon15 sibility Act;

16 ‘‘(vi) identify how the school will provide

17 written notification to parents of each child en18 rolled in such school, in a format and, to the

19 extent practicable, in a language such parents

20 can understand; and

21 ‘‘(vii) specify the responsibilities of the

22 school, the local educational agency, and the

23 State educational agency serving such school

24 under the plan.
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1 ‘‘(B) The local educational agency described in

2 subparagraph (A)(vi) may condition approval of a

3 school plan on inclusion of 1 or more of the correc4 tive actions specified in paragraph (10)(C).

5 ‘‘(C) A school shall implement the school plan

6 or revised plan expeditiously, but not later than the

7 beginning of the school year following the school

8 year in which the school was identified for improve9 ment.

10 ‘‘(D) The local educational agency described in

11 subparagraph (A)(vi) shall establish a peer review

12 process to assist with review of a school improve13 ment plan prepared by the school served by the local

14 educational agency, promptly review the school plan,

15 work with the school as necessary, and approve the

16 school plan if the school plan meets the require17 ments of this paragraph.

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

19 school identified for school improvement under para20 graph (1), the local educational agency serving the

21 school shall provide technical assistance as the

22 school develops and implements its school plan.

23 ‘‘(B) Such technical assistance—

24 ‘‘(i) shall include assistance in analyzing

25 data from the assessments required under sec-
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1 tion 1111(b)(4), and other samples of student

2 work, to identify and address instructional

3 problems and solutions;

4 ‘‘(ii) shall include assistance in identifying

5 and implementing scientifically based instruc6 tional strategies and methods that have proven

7 effective in addressing the specific instructional

8 issues that caused the school to be identified for

9 school improvement;

10 ‘‘(iii) shall include assistance in analyzing

11 and revising the school’s budget such that the

12 school resources are more effectively focused on

13 those activities most likely to increase student

14 achievement and to remove the school from

15 school improvement status;

16 ‘‘(iv) may be provided directly by the local

17 educational agency, through mechanisms au18 thorized under section 1117, or with the local

19 educational agency’s approval, by the State edu20 cational agency, an institution of higher edu21 cation in full compliance with all the reporting

22 provisions of title II of the Higher Education

23 Act of 1965, a private not-for-profit organiza24 tion or for-profit organization, an educational

25 service agency, the recipient of a Federal con-
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1 tract or cooperative agreement as described

2 under section 7005, or other entity with experi3 ence in helping schools improve achievement.

4 ‘‘(C) Technical assistance provided under this

5 section by a local educational agency or an entity

6 authorized by such agency shall be based upon sci7 entifically based research.

8 ‘‘(10) CORRECTIVE ACTION.—In order to help

9 students served under this part meet challenging

10 State standards, each local educational agency shall

11 implement a system of corrective action in accord12 ance with the following:

13 ‘‘(A) After providing technical assistance

14 under paragraph (9) and subject to subpara15 graph (F), the local educational agency—

16 ‘‘(i) may take corrective action at any

17 time with respect to a school served by the

18 local educational agency that has been

19 identified under paragraph (1);

20 ‘‘(ii) shall take corrective action with

21 respect to any school served by the local

22 educational agency that fails to make ade23 quate yearly progress, as defined by the

24 State under section 1111(b)(2)(B), after

25 the end of the second year following the
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1 school year in which the school was identi2 fied under paragraph (1); and

3 ‘‘(iii) shall continue to provide tech4 nical assistance while instituting any cor5 rective action under clause (i) or (ii).

6 ‘‘(B) As used in this paragraph, the term

7 ‘corrective action’ means action, consistent with

8 State and local law, that—

9 ‘‘(i) substantially and directly re10 sponds to—

11 ‘‘(I) the consistent academic fail12 ure of a school that caused the local

13 educational agency to take such ac14 tion; and

15 ‘‘(II) any underlying staffing,

16 curricula, or other problem in the

17 school; and

18 ‘‘(ii) is designed to increase substan19 tially the likelihood that students enrolled

20 in the school subject to corrective action

21 will perform at the proficient and advanced

22 performance levels.

23 ‘‘(C) In the case of a school described in

24 subparagraph (A)(ii), the local educational
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1 agency shall take not less than 1 of the fol2 lowing corrective actions:

3 ‘‘(i) Withhold funds from the school.

4 ‘‘(ii) Make alternative governance ar5 rangements, including reopening the school

6 as a public charter school.

7 ‘‘(iii) Reconstitute the relevant school

8 staff.

9 ‘‘(iv)(I) Authorize students to transfer

10 to other higher performing public schools

11 served by the local educational agency, in12 cluding public charter and magnet schools.

13 ‘‘(II) Provide such students transpor14 tation services, or the costs of transpor15 tation, to such schools (except that such

16 funds used to provide transportation serv17 ices or costs of transportation shall not ex18 ceed 10 percent of the amount authorized

19 under section 1122(a)(2)).

20 ‘‘(III) Take not less than 1 additional

21 action described under this subparagraph.

22 ‘‘(v) Institute and fully implement a

23 new curriculum, including appropriate pro24 fessional development for all relevant staff,

25 that is based upon scientifically based re-
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1 search and offers substantial promise of

2 improving educational achievement for low3 performing students.

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

5 for a period not to exceed 1 year, implementa6 tion of corrective action only if the failure to

7 make adequate yearly progress was justified

8 due to exceptional or uncontrollable cir9 cumstances, such as a natural disaster or a pre10 cipitous and unforeseen decline in the financial

11 resources of the local educational agency or

12 school.

13 ‘‘(E) The local educational agency shall

14 publish and disseminate to the public and to

15 the parents of each student enrolled in a school

16 subject to corrective action, in a format and, to

17 the extent practicable, in a language that the

18 parents can understand, information regarding

19 any corrective action the local educational agen20 cy takes under this paragraph through such

21 means as the Internet, the media, and public

22 agencies.

23 ‘‘(F)(i) Before taking corrective action

24 with respect to any school under this para25 graph, a local educational agency shall provide
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1 the school an opportunity to review the school

2 level data, including assessment data, on which

3 the proposed determination is made.

4 ‘‘(ii) If the school believes that the pro5 posed determination is in error for statistical or

6 other substantive reasons, the school principal

7 may provide supporting evidence to the local

8 educational agency, which shall consider such

9 evidence before making a final determination.

10 ‘‘(G) TIME LIMITS.—Not later than 30

11 days after the local educational agency makes

12 its initial determination that a school served by

13 the local educational agency and receiving as14 sistance under this part is eligible for corrective

15 action, the local educational agency shall make

16 a final and public determination on the status

17 of the school.

18 ‘‘(11) STATE EDUCATIONAL AGENCY RESPON19 SIBILITIES.—If a State educational agency deter20 mines that a local educational agency failed to carry

21 out its responsibilities under this section, or deter22 mines that, after 1 year of implementation of the

23 corrective action, such action has not resulted in suf24 ficient progress in increased student performance,

25 the State educational agency shall take such action
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1 as the agency finds necessary, including designating

2 a course of corrective action described in paragraph

3 (10)(C), consistent with this section, to improve the

4 affected schools and to ensure that the local edu5 cational agency carries out the local educational

6 agency’s responsibilities under this section.

7 ‘‘(12) SPECIAL RULES.—Schools that, for at

8 least 2 of the 3 years following identification under

9 paragraph (1), make adequate yearly progress to10 ward meeting the State’s proficient and advanced

11 levels of performance shall no longer be identified

12 for school improvement.’’.

13 (c) STATE REVIEW AND LOCAL EDUCATIONAL AGEN14 CY IMPROVEMENT.—Section 1116(d) (20 U.S.C. 6317(d))

15 is amended to read as follows:

16 ‘‘(d) STATE REVIEW AND LOCAL EDUCATIONAL

17 AGENCY IMPROVEMENT.—

18 ‘‘(1) IN GENERAL.—A State educational agency

19 shall annually review the progress of each local edu20 cational agency within the State receiving funds

21 under this part to determine whether schools served

22 by such agencies and receiving assistance under this

23 part are making adequate yearly progress, as de24 fined in section 1111(b)(2), toward meeting the

25 State’s student performance standards and to deter-
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1 mine whether each local educational agency is car2 rying out its responsibilities under sections 1116 and

3 1117.

4 ‘‘(2) IDENTIFICATION OF LOCAL EDUCATIONAL

5 AGENCY FOR IMPROVEMENT.—A State educational

6 agency shall identify for improvement any local edu7 cational agency that—

8 ‘‘(A) for 2 consecutive years fails to make

9 adequate yearly progress as defined in the

10 State’s plan under section 1111(b)(2); or

11 ‘‘(B) had been identified for, or was eligi12 ble for, improvement under this section as this

13 section was in effect on the day preceding the

14 date of enactment of the Public Education Re15 investment, Reinvention, and Responsibility

16 Act.

17 ‘‘(3) TRANSITION.—The 2-year period described

18 in paragraph (2)(A) shall include any continuous pe19 riod of time immediately preceding the date of the

20 enactment of the Public Education Reinvestment,

21 Reinvention, and Responsibility Act during which a

22 local educational agency did not make adequate

23 yearly progress as defined in the State’s plan, as

24 such plan was in effect on the day preceding the
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1 date of the enactment of the Public Education Rein2 vestment, Reinvention, and Responsibility Act.

3 ‘‘(4) TARGETED ASSISTANCE SCHOOLS.—For

4 purposes of targeted assistance schools within a local

5 educational agency, a State educational agency may

6 choose to review the progress of only the students in

7 such schools who are served under this part.

8 ‘‘(5) OPPORTUNITY TO REVIEW AND PRESENT

9 EVIDENCE.—(A) Before identifying a local edu10 cational agency for improvement under paragraph

11 (2), a State educational agency shall provide the

12 local educational agency with an opportunity to re13 view the local educational agency data, including as14 sessment data, on which the proposed identification

15 is based.

16 ‘‘(B) If the local educational agency believes

17 that the proposed identification is in error for statis18 tical or other substantive reasons, the local edu19 cational agency may provide supporting evidence to

20 the State educational agency, which the State edu21 cational agency shall consider before making a final

22 determination.

23 ‘‘(6) TIME LIMITS.—Not later than 45 days

24 after the State educational agency makes its initial

25 determination that a local educational agency within
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1 the State and receiving assistance under this part is

2 eligible for improvement, the State educational agen3 cy shall make public a final determination on the

4 status of the local educational agency.

5 ‘‘(7) NOTIFICATION TO PARENTS.—The State

6 educational agency shall promptly notify parents of

7 each student enrolled in a school served by a local

8 educational agency identified for improvement, in a

9 format, and to the extent practicable, in a language

10 the parents can understand, of the reasons for such

11 agency’s identification and how parents can partici12 pate in upgrading the quality of the local edu13 cational agency.

14 ‘‘(8) LOCAL EDUCATIONAL AGENCY REVI15 SIONS.—

16 ‘‘(A) IN GENERAL.—Each local educational

17 agency identified under paragraph (2) shall,

18 after being so identified, develop or revise a

19 local educational agency plan, in consultation

20 with the local school board, parents, teachers,

21 school staff, and others, for approval by the

22 State educational agency. Such plan shall—

23 ‘‘(i) incorporate scientifically based re24 search strategies that strengthen the core
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1 academic program in the local educational

2 agency;

3 ‘‘(ii) identify specific annual numerical

4 academic achievement objectives in at least

5 the areas of mathematics and English lan6 guage arts that the local educational agen7 cy will meet, with such objectives being cal8 culated in a manner such that their

9 achievement will ensure that each group of

10 students enrolled in each school served by

11 the local educational agency will meet or

12 exceed the proficient standard level of per13 formance in assessments required under

14 section 1111(b)(4) within 10 years of the

15 date of enactment of the Public Education

16 Reinvestment, Reinvention, and Responsi17 bility Act; and

18 ‘‘(iii) assure that the local educational

19 agency will—

20 ‘‘(I) reserve not less than 10 per21 cent of the funds made available to

22 the local educational agency under

23 this part for each fiscal year that the

24 agency is in improvement for the pur25 pose of providing high quality profes-
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1 sional development to teachers and

2 principals at schools served by the

3 agency and receiving funds under this

4 part that directly address the aca5 demic achievement problem that

6 caused the local educational agency to

7 be identified for improvement and

8 shall be in keeping with the definition

9 of professional development provided

10 in section 1119; and

11 ‘‘(II) the improvement plan shall

12 specify how these funds will be used

13 to remove the local educational agency

14 from improvement status;

15 ‘‘(iv) identify how the local edu16 cational agency will provide written notifi17 cation to parents described in paragraph

18 (7) in a format, and to the extent prac19 ticable in a language, that the parents can

20 understand, pursuant to paragraph (7);

21 ‘‘(v) specify the responsibilities of the

22 State educational agency and the local edu23 cational agency under the plan; and

24 ‘‘(vi) include a review of the local edu25 cational agency budget to ensure that re-
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1 sources are focused on those activities that

2 are most likely to improve student achieve3 ment and to remove the agency from im4 provement status.

5 ‘‘(B) PEER REVIEW.—The State edu6 cational agency shall establish a peer review

7 process to assist with the review of the local

8 educational agency improvement plan, promptly

9 review the plan, work with the local educational

10 agency as necessary, and approve the plan if

11 the plan meets the requirements of this para12 graph.

13 ‘‘(C) DEADLINE FOR IMPLEMENTATION.—

14 The local educational agency shall implement

15 the local educational agency plan or revised

16 plan expeditiously, but not later than the begin17 ning of the school year following the school year

18 in which the agency was identified for improve19 ment.

20 ‘‘(D) RESOURCES REALLOCATION.—If the

21 local educational agency budget fails to allocate

22 resources, consistent with, subparagraph

23 (A)(iv), the State educational agency may direct

24 the local educational agency to reallocate re25 sources to more effective activities.
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1 ‘‘(9) STATE EDUCATIONAL AGENCY RESPONSI2 BILITY.—For each local educational agency identi3 fied under paragraph (2), the State educational

4 agency shall provide technical or other assistance, if

5 requested, as authorized under section 1117, to bet6 ter enable the local educational agency—

7 ‘‘(A) to develop and implement the local

8 educational agency plan or revised plan as ap9 proved by the State educational agency con10 sistent with the requirements of this section;

11 and

12 ‘‘(B) to work with schools served by the

13 local educational agency that are identified for

14 improvement.

15 ‘‘(10) TECHNICAL ASSISTANCE.—Technical as16 sistance provided by the State educational agency—

17 ‘‘(A) shall include assistance in analyzing

18 data from the assessments required under sec19 tion 1111(b)(4) to identify and address instruc20 tional problems and solutions;

21 ‘‘(B) shall include assistance in identifying

22 and implementing scientifically based instruc23 tional strategies and methods that have proven

24 effective in addressing the specific instructional
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1 issues that caused the local educational agency

2 to be identified for improvement;

3 ‘‘(C) shall include assistance in analyzing

4 and revising the local educational agency’s

5 budget such that the agency’s resources are

6 more effectively focused on those activities most

7 likely to increase student achievement and to

8 remove the agency from improvement status;

9 and

10 ‘‘(D) may be provided by—

11 ‘‘(i) the State educational agency; or

12 ‘‘(ii) with the local educational agen13 cy’s approval, by an institution of higher

14 education (in full compliance with all the

15 reporting provisions of title II of the High16 er Education Act of 1965), a private not17 for-profit or for-profit organization, an

18 educational service agency, the recipient of

19 a Federal contract or cooperative agree20 ment as described under section 7005, or

21 any other entity with experience in helping

22 schools improve achievement.

23 ‘‘(11) RESOURCES REALLOCATION.—The State

24 educational agency may, as a condition of providing

25 the local educational agency with technical assist-
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1 ance and financial support in developing and car2 rying out an improvement plan, require that the

3 local educational agency reallocate resources away

4 from ineffective or inefficient activities to activities

5 that, through scientific research, have proven to

6 have the greatest impact on increasing student

7 achievement and closing the achievement gap be8 tween groups of students.

9 ‘‘(12) CORRECTIVE ACTION.—In order to help

10 students served under this part meet challenging

11 State standards, each State educational agency shall

12 implement a system of corrective action in accord13 ance with the following:

14 ‘‘(A) After providing technical assistance

15 under paragraph (10), and subject to subpara16 graph (D), the State educational agency—

17 ‘‘(i) shall take corrective action with

18 respect to any local educational agency

19 that fails to make adequate yearly

20 progress, as defined by the State, after the

21 end of the second year following its identi22 fication under paragraph (2); and

23 ‘‘(ii) shall continue to provide tech24 nical assistance while instituting any cor25 rective action under clause (i) or (ii).
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1 ‘‘(B) As used in this paragraph, the term

2 ‘corrective action’ means action, consistent with

3 State law, that—

4 ‘‘(i) substantially and directly re5 sponds to—

6 ‘‘(I) the consistent academic fail7 ure of schools served by a local edu8 cational agency that caused the State

9 educational agency to take such action

10 with respect to the local educational

11 agency; and

12 ‘‘(II) any underlying staffing,

13 curricular, or other problem in the

14 schools served by the local educational

15 agency; and

16 ‘‘(ii) is designed to meet the goal of

17 having all students served under this part

18 perform at the proficient and advanced

19 performance levels.

20 ‘‘(C) In the case of a local educational

21 agency described in subparagraph (A)(ii), the

22 State educational agency shall take not less

23 than 1 of the following corrective actions:

24 ‘‘(i) Withhold funds from the local

25 educational agency.
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1 ‘‘(ii) Reconstitute the relevant local

2 educational agency personnel.

3 ‘‘(iii) Remove particular schools from

4 the area served by the local educational

5 agency, and establish alternative arrange6 ments for public governance and super7 vision of such schools.

8 ‘‘(iv) Appoint, through the State edu9 cational agency, a receiver or trustee to ad10 minister the affairs of the local educational

11 agency in place of the local educational

12 agency’s superintendent and school board.

13 ‘‘(v) Abolish or restructure the local

14 educational agency.

15 ‘‘(vi)(I) Authorize students to transfer

16 from a school operated by the local edu17 cational agency to a higher performing

18 public school, including a public charter or

19 magnet school, operated by another local

20 educational agency.

21 ‘‘(II) Provide students described in

22 subclause (I) transportation services, or

23 the costs of transportation, not to exceed

24 10 percent of the funds allocated to a local

25 educational agency under this part, to such
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1 higher performing schools or public charter

2 schools.

3 ‘‘(III) Take not less than 1 additional

4 action described under this subparagraph.

5 ‘‘(D) Prior to implementing any corrective

6 action, the State educational agency shall pro7 vide notice and a opportunity for a hearing to

8 the affected local educational agency, if State

9 law provides for such notice and opportunity.

10 ‘‘(E) Not later than 45 days after the

11 State educational agency makes its initial deter12 mination that a local educational agency in the

13 State and receiving assistance under this part is

14 eligible for improvement, the State educational

15 agency shall make public a final determination

16 on the status of the local educational agency.

17 ‘‘(F) The State educational agency shall

18 publish and disseminate to parents described in

19 paragraph (7) and the public information re20 garding any corrective action the State edu21 cational agency takes under this paragraph

22 through such means as the Internet, the media,

23 and public agencies.

24 ‘‘(G) The State educational agency may

25 delay, for a period not to exceed 1 year, imple-
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1 mentation of corrective action if the local edu2 cational agency’s failure to make adequate year3 ly progress was justified due to exceptional or

4 uncontrollable circumstances, such as a natural

5 disaster or a precipitous and unforeseen decline

6 in the financial resources of the local edu7 cational agency or schools served by the local

8 educational agency.’’.

9 SEC. 110. STATE ASSISTANCE FOR SCHOOL SUPPORT AND

10 IMPROVEMENT.

11 Section 1117 (20 U.S.C. 6318) is amended to read

12 as follows:

13 ‘‘SEC. 1117. STATE ASSISTANCE FOR SCHOOL SUPPORT AND

14 IMPROVEMENT.

15 ‘‘(a) SYSTEM FOR SUPPORT.—Using funds allocated

16 under section 1003(a)(1), each State educational agency

17 shall establish a statewide system of intensive and sus18 tained support and improvement for local educational

19 agencies, elementary schools, and secondary schools re20 ceiving funds under this part, in order to ensure that all

21 groups of students specified in section 1111 and attending

22 such schools meet or exceed the proficient standard level

23 performance on the assessments required by section

24 1111(b)(4) within 10 years of the date of enactment of
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1 the Public Education Reinvestment, Reinvention, and Re2 sponsibility Act.

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

4 State educational agency shall—

5 ‘‘(1) first, provide support and assistance to

6 local educational agencies and schools identified as

7 in need of improvement under section 1116;

8 ‘‘(2) second, provide support and assistance to

9 local educational agencies subject to corrective action

10 under section 1116, and assist elementary schools

11 and secondary schools, in accordance with section

12 1116(c)(11), for which a local educational agency

13 has failed to carry out its responsibilities under sec14 tion 1116(c) (9) and (10); and

15 ‘‘(3) third, provide support and assistance to

16 local educational agencies and schools that are at

17 risk of being identified as being in need of improve18 ment within the next academic year, participating

19 under this part.

20 ‘‘(c) APPROACHES.—In order to achieve the purpose

21 described in subsection (a), each statewide system shall

22 provide technical assistance and support through ap23 proaches such as—

24 ‘‘(1) school support teams, composed of individ25 uals who are knowledgeable about scientifically
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1 based research, teaching and learning practices, and

2 particularly about strategies for improving edu3 cational results for low-achieving children; and

4 ‘‘(2) designating and using Distinguished Edu5 cators, who are chosen from schools served under

6 this part that have been especially successful in im7 proving academic achievement.

8 ‘‘(d) FUNDS.—Each State educational agency—

9 ‘‘(1) shall use funds reserved under section

10 1003(a)(1), but not used under section 1003(a)(2),

11 to carry out this section; and

12 ‘‘(2) may use State administrative funds au13 thorized under section 1703(c) to carry out this sec14 tion.

15 ‘‘(e) ALTERNATIVES.—The State educational agency

16 may—

17 ‘‘(1) devise additional approaches to providing

18 the technical assistance and support described in

19 subsection (c), such as providing assistance through

20 institutions of higher education, educational service

21 agencies, or other local consortia; and

22 ‘‘(2) seek approval from the Secretary to use

23 funds under section 1003(a)(2) for such approaches

24 as part of the State plan.’’.
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1 SEC. 111. PARENTAL INVOLVEMENT CHANGES.

2 (a) LOCAL EDUCATIONAL AGENCY POLICY.—Section

3 1118(a) (20 U.S.C. 6319(a)) is amended—

4 (1) in paragraph (1), by striking ‘‘programs,

5 activities, and procedures’’ and inserting ‘‘activities

6 and procedures’’;

7 (2) in paragraph (2), by striking subparagraphs

8 (E) and (F) and inserting the following:

9 ‘‘(E) conduct, with the involvement of par10 ents, an annual evaluation of the content and

11 effectiveness of the parental involvement policy

12 in improving the academic quality of the schools

13 served under this part;

14 ‘‘(F) involve parents in the activities of the

15 schools served under this part; and

16 ‘‘(G) promote consumer friendly environ17 ments within the local educational agency and

18 schools served under this part.’’;

19 (3) in paragraph (3), by adding at the end the

20 following new subparagraph:

21 ‘‘(C) Not less than 90 percent of the funds re22 served under subparagraph (A) shall be distributed

23 to schools served under this part.’’.

24 (b) NOTICE.—Section 1118(b)(1) (20 U.S.C.

25 6319(b)(1)) is amended by inserting after the first sen26 tence ‘‘Parents shall be notified of the policy in a format,
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1 and to the extent practicable in a language, that the par2 ents can understand.’’.

3 (c) PARENTAL INVOLVEMENT.—Section 1118(c)(4)

4 (20 U.S.C. 6319(c)(4)) is amended—

5 (1) in subparagraph (B), by striking ‘‘school

6 performance profiles required under section

7 1116(a)(3)’’ and inserting ‘‘school reports described

8 under section 4401’’;

9 (2) by redesignating subparagraphs (D) and

10 (E) as subparagraphs (F) and (G), respectively;

11 (3) by inserting after subparagraph (C) the fol12 lowing:

13 ‘‘(D) notice of the school’s designation as

14 a school in need of improvement under section

15 1116(b), if applicable, and a clear explanation

16 of what such designation means;

17 ‘‘(E) notice of corrective action taken

18 against the school under section 1116(c)(9) and

19 1116(d)(12), if applicable, and a clear expla20 nation of what such action means;’’; and

21 (4) in subparagraph (G) (as redesignated by

22 paragraph (2)), by striking ‘‘subparagraph (D)’’ and

23 inserting ‘‘subparagraph (F)’’.

24 (d) BUILDING CAPACITY FOR INVOLVEMENT.—Sec25 tion 1118(e) (20 U.S.C 6319(e)) is amended—
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1 (1) in paragraph (1), by striking ‘‘National

2 Educational Goals,’’;

3 (2) by redesignating paragraphs (14) and (15)

4 as paragraphs (16) and (17), respectively;

5 (3) by inserting after paragraph (13) the fol6 lowing:

7 ‘‘(14) may establish a district wide parent advi8 sory council to advise on all matters related to pa9 rental involvement in programs supported under this

10 part;’’; and

11 (4) by redesignating paragraph (5) as para12 graph (15) and transferring such paragraph to fol13 low paragraph 14 (as redesignated by paragraph

14 (3));

15 (5) by inserting after paragraph (4) the fol16 lowing:

17 ‘‘(5) shall expand the use of electronic commu18 nications among teachers, students, and parents,

19 such as through the use of websites and e-mail com20 munications;’’;

21 (6) in paragraph (8), by inserting ‘‘, to the ex22 tent practicable, in a language and format the par23 ent can understand’’ before the semicolon; and

24 (7) in paragraph (15) (as redesignated by para25 graph (4)), by striking ‘‘shall’’ and inserting ‘‘may’’.
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1 (e) ACCESSIBILITY.—Section 1118(f) (20 U.S.C.

2 6319(f)) is amended by striking ‘‘, including’’ and all that

3 follows through the period and inserting ‘‘and of parents

4 of migratory children, including providing information and

5 school reports required under section 1111 and described

6 in section 4401 in a language and form such parents un7 derstand.’’.

8 SEC. 112. QUALIFICATIONS FOR TEACHERS AND PARA9 PROFESSIONALS.

10 Title I of the Act (20 U.S.C. 6301 et seq.) is

11 amended—

12 (1) by redesignating section 1119 (20 U.S.C.

13 6320) as section 1119A; and

14 (2) by inserting after section 1118 the fol15 lowing:

16 ‘‘SEC. 1119. QUALIFICATIONS FOR TEACHERS AND PARA17 PROFESSIONALS.

18 ‘‘(a) IN GENERAL.—

19 ‘‘(1) PLAN.—Each State educational agency re20 ceiving assistance under this part shall develop and

21 submit to the Secretary a plan to ensure that all

22 teachers teaching within the State are fully quali23 fied, as defined in section 2001(1), not later than

24 December 31, 2005. Such plan shall include an as25 surance that the State educational agency will re-
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1 quire each local educational agency and school re2 ceiving funds under this part publicly to report the

3 annual progress with respect to the local educational

4 agency’s and school’s performance in increasing the

5 percentage of classes in core academic areas taught

6 by fully qualified teachers.

7 ‘‘(2) SPECIAL RULE.—Notwithstanding any

8 other provision of law, the provisions of this section

9 governing teacher qualifications shall not supersede

10 State laws governing public charter schools.

11 ‘‘(b) NEW PARAPROFESSIONALS.—Each local edu12 cational agency receiving assistance under this part shall

13 ensure that each paraprofessional hired after December

14 31, 2003, and working in a program assisted under this

15 part—

16 ‘‘(1) has completed at least the number of

17 courses at an institution of higher education in the

18 area of elementary education, or in the related sub19 ject area in which the paraprofessional is working,

20 for a minor degree at such institution;

21 ‘‘(2) has obtained an associate’s (or higher) de22 gree; or

23 ‘‘(3) has met a rigorous standard of quality

24 that demonstrates, through formal State certifi25 cation (as established in subsection (h)),—
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1 ‘‘(A) knowledge of, and the ability to pro2 vide tutorial assistance in, reading, writing, and

3 mathematics; or

4 ‘‘(B) knowledge of, and the ability to pro5 vide tutorial assistance in, reading readiness,

6 writing readiness, and mathematics readiness,

7 as appropriate.

8 ‘‘(c) EXISTING PARAPROFESSIONALS.—Each local

9 educational agency receiving assistance under this part

10 shall ensure that each paraprofessional working in a pro11 gram assisted under this part shall, not later than 3 years

12 after the date of enactment of the Public Education Rein13 vestment, Reinvention, and Responsibility Act, satisfy the

14 requirements of subsection (b).

15 ‘‘(d) EXCEPTIONS FOR TRANSLATION AND PAREN16 TAL INVOLVEMENT ACTIVITIES.—Subsections (b) and (c)

17 shall not apply to a paraprofessional—

18 ‘‘(1) who is proficient in English and a lan19 guage other than English, and who provides services

20 primarily to enhance the participation of children in

21 programs under this part by acting as a translator;

22 or

23 ‘‘(2) whose duties consist solely of conducting

24 parental involvement activities consistent with sec-
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1 tion 1118 or other school readiness activities that

2 are noninstructional.

3 ‘‘(e) GENERAL REQUIREMENT FOR ALL PARA4 PROFESSIONALS.—Each local educational agency receiving

5 assistance under this part shall ensure that each para6 professional working in a program assisted under this

7 part, regardless of the paraprofessional’s hiring date, pos8 sesses a secondary school diploma or its recognized equiva9 lent.

10 ‘‘(f) DUTIES OF PARAPROFESSIONALS.—

11 ‘‘(1) IN GENERAL.—Each local educational

12 agency receiving assistance under this part shall en13 sure that a paraprofessional working in a program

14 assisted under this part is not assigned a duty in15 consistent with this subsection.

16 ‘‘(2) AUTHORIZED RESPONSIBILITIES.—A para17 professional described in paragraph (1) may be

18 assigned—

19 ‘‘(A) to provide 1-on-1 tutoring for eligible

20 students under this part, if the tutoring is

21 scheduled at a time when the student would not

22 otherwise receive instruction from a teacher;

23 ‘‘(B) to assist with classroom management,

24 such as organizing instructional and other ma25 terials;
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•S 2254 IS

1 ‘‘(C) to provide assistance in a computer

2 laboratory;

3 ‘‘(D) to conduct parental involvement ac4 tivities or school readiness activities that are

5 noninstructional;

6 ‘‘(E) to provide support in a library or

7 media center;

8 ‘‘(F) to act as a translator; or

9 ‘‘(G) to provide assistance with extra cur10 ricular activities which are noninstructional.

11 ‘‘(3) LIMITATIONS.—A paraprofessional de12 scribed in paragraph (1)—

13 ‘‘(A) shall not perform the duties of a cer14 tified teacher or a substitute; and

15 ‘‘(B) shall not perform any duty assigned

16 under paragraph (2) unless under the direct su17 pervision of a fully qualified teacher or other

18 appropriate professional.

19 ‘‘(g) USES OF FUNDS.—

20 ‘‘(1) PROFESSIONAL DEVELOPMENT.—Notwith21 standing subsection (h)(2), a local educational agen22 cy receiving funds under this part may use such

23 funds to support ongoing training and professional

24 development to assist teachers and paraprofessionals

25 in satisfying the requirements of this section.
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•S 2254 IS

1 ‘‘(2) LIMITATION ON USE OF FUNDS FOR PARA2 PROFESSIONALS.—

3 ‘‘(A) IN GENERAL.—Beginning on the date

4 of enactment of the Public Education Reinvest5 ment, Reinvention, and Responsibility Act, a

6 local educational agency may not use funds re7 ceived under this part to fund any paraprofes8 sional hired after such date unless—

9 ‘‘(i) the hiring is to fill a vacancy cre10 ated by the departure of another para11 professional funded under this part; or

12 ‘‘(ii) the local educational agency can

13 demonstrate that a significant influx of

14 population has substantially increased stu15 dent enrollment, or demonstrate an in16 creased need for translators or assistance

17 with parent involvement activities.

18 ‘‘(B) EXCEPTION.—Subparagraph (A)

19 shall not apply to a local educational agency

20 that can demonstrate to the State that all core

21 classes taught in the schools served by the local

22 educational agency are taught by fully qualified

23 teachers.
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1 ‘‘(h) STATE CERTIFICATION.—Each State edu2 cational agency receiving assistance under this part

3 shall—

4 ‘‘(1) ensure that the State educational agency

5 has in place State criteria for the certification of

6 paraprofessionals by December 31, 2002; and

7 ‘‘(2) ensure that paraprofessionals hired before

8 December 31, 2003, are in high-quality professional

9 development activities that ensure that the para10 professional has the ability to provide tutorial assist11 ance in—

12 ‘‘(A) reading, writing, and mathematics: or

13 ‘‘(B) reading readiness, writing readiness, and

14 mathematics readiness, as appropriate.

15 ‘‘(i) VERIFICATION OF COMPLIANCE.—

16 ‘‘(1) IN GENERAL.—In verifying compliance

17 with this section, each local educational agency, at

18 a minimum, shall require that the principal of each

19 elementary school and secondary school operating a

20 program under section 1114 or 1115 annually attest

21 in writing as to whether each such school is in com22 pliance with the requirements of this section.

23 ‘‘(2) AVAILABILITY OF INFORMATION.—Copies

24 of the annual certification described in paragraph

25 (1)—
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1 ‘‘(A) shall be maintained at each elemen2 tary school and secondary school operating a

3 program under section 1114 or 1115 and at the

4 main office of the local educational agency; and

5 ‘‘(B) shall be available to any member of

6 the general public upon request.’’.

7 SEC. 113. PROFESSIONAL DEVELOPMENT.

8 Section 1119A (as redesignated by section 112(a)) is

9 amended—

10 (1) by amending subsection (a) to read as fol11 lows:

12 ‘‘(a) PURPOSE.—The purpose of this section is to as13 sist each local educational agency receiving assistance

14 under this part in increasing the academic achievement

15 of eligible children (as identified under section

16 1115(b)(1)(B)) (in this section referred to as eligible chil17 dren) through improved teacher quality.’’;

18 (2) in subsection (b)—

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

20 follows:

21 ‘‘(1) REQUIRED ACTIVITIES.—Each local edu22 cational agency receiving assistance under this part

23 shall provide professional development activities

24 under this section that shall—
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1 ‘‘(A) give teachers, principals, and admin2 istrators the knowledge and skills to provide eli3 gible children with the opportunity to meet

4 challenging State or local content standards

5 and student performance standards;

6 ‘‘(B) support the recruiting, hiring, and

7 training of fully qualified teachers, including

8 teachers fully qualified through State and local

9 alternative routes;

10 ‘‘(C) advance teacher understanding of ef11 fective instructional strategies, based on sci12 entifically based research, for improving eligible

13 children achievement, at a minimum, in mathe14 matics, science, and English language arts;

15 ‘‘(D) be directly related to the curricula

16 and content areas in which the teacher provides

17 instruction;

18 ‘‘(E) be designed to enhance the ability of

19 a teacher to understand and use the State’s

20 standards for the subject area in which the

21 teacher provides instruction;

22 ‘‘(F) be tied to scientifically based research

23 that demonstrates the effectiveness of such pro24 fessional development activities or programs in

25 increasing eligible children achievement or sub-
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1 stantially increasing the knowledge and teach2 ing skills of teachers;

3 ‘‘(G) be of sufficient intensity and duration

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

5 and conferences) to have a positive and lasting

6 impact on the teacher’s performance in the

7 classroom, except that this subparagraph shall

8 not apply to an activity if such activity is one

9 component of a long-term comprehensive pro10 fessional development plan established by the

11 teacher and the teacher’s supervisor based upon

12 an assessment of their needs, their eligible chil13 dren’s needs, and the needs of the local edu14 cational agency;

15 ‘‘(H) be developed with extensive participa16 tion of teachers, principals, parents, administra17 tors of schools, and local school boards of

18 schools to be served under this part;

19 ‘‘(I) to the extent appropriate, provide

20 training for teachers in the use of technology so

21 that technology and its applications are effec22 tively used in the classroom to improve teaching

23 and learning in the curricula and academic con24 tent areas in which the teachers provide in25 struction;
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1 ‘‘(J) as a whole, be regularly evaluated for

2 such activities’ impact on increased teacher ef3 fectiveness and improved student achievement,

4 with the findings of such evaluations used to

5 improve the quality of professional development;

6 and

7 ‘‘(K) include strategies for identifying and

8 eliminating gender and racial bias in instruc9 tional materials, methods, and practices.’’;

10 (B) in paragraph (2)—

11 (i) in subparagraph (A), by inserting

12 ‘‘and data to inform and instruct class13 room practice’’ before the semicolon;

14 (ii) by striking subparagraphs (D)

15 and (G);

16 (iii) by redesignating subparagraphs

17 (E), (F), (H), and (I), as subparagraphs

18 (D), (E), (F) and (G), respectively; and

19 (iv) by inserting after subparagraph

20 (G) (as redesignated by clause (iii)) the

21 following new subparagraph:

22 ‘‘(H) instruction in the ways that teachers,

23 principals, and guidance counselors can work

24 with parents and students from groups, such as

25 females and minorities, that are underrep-
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1 resented in careers in mathematics, science, en2 gineering, and technology, to encourage and

3 maintain the interest of such students in those

4 careers.’’;

5 (3) by striking subsections (f) through (i); and

6 (4) by adding after subsection (e) the following:

7 ‘‘(f) CONSOLIDATION OF FUNDS.—Funds provided

8 under this part that are used for professional development

9 purposes may be consolidated with funds provided under

10 title II of this Act and other sources.

11 ‘‘(g) DEFINITION.—The term ‘fully qualified’ has the

12 same meaning given such term in section 2001(1).

13 ‘‘(h) SPECIAL RULE.—

14 ‘‘(1) IN GENERAL.—No State educational agen15 cy shall require a local educational agency or ele16 mentary school or secondary school to expend a spe17 cific amount of funds for professional development

18 activities under this part.

19 ‘‘(2) EXCEPTION.—Paragraph (1) shall not

20 apply with respect to requirements under section

21 1116(d)(9).’’.

22 SEC. 114. FISCAL REQUIREMENTS.

23 Section 1120A(a) (20 U.S.C. 6322(a)) is amended by

24 striking ‘‘section 14501’’ and inserting ‘‘section 8501’’.
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1 SEC. 115. COORDINATION REQUIREMENTS.

2 Section 1120B (20 U.S.C. 6323) is amended—

3 (1) in subsection (a), by striking ‘‘to the extent

4 feasible’’ and all that follows through the period and

5 inserting ‘‘in coordination with local Head Start

6 agencies, and if feasible, other early childhood devel7 opment programs.’’;

8 (2) in subsection (b)—

9 (A) in paragraph (3) by striking ‘‘and’’

10 after the semicolon;

11 (B) in paragraph (4) by striking the period

12 and inserting ‘‘; and’’; and

13 (C) by adding at the end, the following:

14 ‘‘(5) linking the educational services provided in

15 such local educational agency with the services pro16 vided in local Head Start agencies.’’.

17 SEC. 116. GRANTS FOR THE OUTLYING AREAS AND THE

18 SECRETARY OF THE INTERIOR.

19 Section 1121 (20 U.S.C. 6331) is amended to read

20 as follows:

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

22 SECRETARY OF THE INTERIOR.

23 ‘‘(a) RESERVATION OF FUNDS.—From the amount

24 appropriated for payments to States for any fiscal year

25 under section 1002(a), the Secretary shall reserve a total

26 of 1 percent to provide assistance to—
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1 ‘‘(1) the outlying areas in the amount deter2 mined in accordance with subsection (b); and

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

4 necessary to make payments pursuant to subsection

5 (d).

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

7 ‘‘(1) GRANTS AUTHORIZED.—From the amount

8 made available for a fiscal year under subsection (a),

9 the Secretary shall award grants to the outlying

10 areas and freely associated States to carry out the

11 purposes of this part.

12 ‘‘(2) COMPETITIVE GRANTS.—For each of fiscal

13 years 2000 and 2001, the Secretary shall ensure

14 that grants are awarded under this subsection on a

15 competitive basis in accordance with paragraph (3).

16 ‘‘(3) REQUIREMENTS AND LIMITATION FOR

17 COMPETITIVE GRANTS.—

18 ‘‘(A) RECOMMENDATIONS.—The Secretary

19 shall award grants under this subsection on the

20 basis of the recommendations of the Pacific Re21 gion Educational Laboratory in Honolulu, Ha22 waii.

23 ‘‘(B) TERMINATION OF ELIGIBILITY.—

24 Notwithstanding any other provision of law, the

25 freely associated States shall not be eligible to
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1 receive funds under this part after September

2 30, 2001.

3 ‘‘(C) ADMINISTRATIVE COSTS.—The Sec4 retary may provide that not more than 5 per5 cent of the amount reserved for grants under

6 this subsection will be used to pay the adminis7 trative costs of the Pacific Region Educational

8 Laboratory for services provided under subpara9 graph (A).

10 ‘‘(4) SPECIAL RULE.—The provisions of Public

11 Law 95–134 (91 Stat. 1159) that permit the con12 solidation of grants by the outlying areas shall not

13 apply to funds provided to the freely associated

14 States under this subsection.

15 ‘‘(5) FUNDING.—The amount reserved by the

16 Secretary to award grants under this subsection

17 shall not exceed the amount reserved under this sec18 tion (as this section existed on the day prior to the

19 date of enactment of the Public Education Reinvest20 ment, Reinvention, and Responsibility Act) for the

21 freely associated States for fiscal year 1999.

22 ‘‘(6) DEFINITIONS.—In this subsection and

23 subsection (a):

24 ‘‘(A) FREELY ASSOCIATED STATES.—The

25 term ‘freely associated States’ means the Re-
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1 public of the Marshall Islands, the Federated

2 States of Micronesia, and the Republic of

3 Palau.

4 ‘‘(B) OUTLYING AREA.—The term ‘out5 lying area’ means the United States Virgin Is6 lands, Guam, American Samoa, and the Com7 monwealth of the Northern Mariana Islands.

8 ‘‘(c) ALLOTMENT TO THE SECRETARY OF THE INTE9 RIOR.—

10 ‘‘(1) IN GENERAL.—The amount allotted for

11 payments to the Secretary of the Interior under sub12 section (a)(2) for any fiscal year shall be, as deter13 mined pursuant to criteria established by the Sec14 retary, the amount necessary to meet the special

15 educational needs of—

16 ‘‘(A) Indian children on reservations served

17 by elementary and secondary schools for Indian

18 children operated or supported by the Depart19 ment of the Interior; and

20 ‘‘(B) out-of-State Indian children in ele21 mentary and secondary schools in local edu22 cational agencies under special contracts with

23 the Department of the Interior.

24 ‘‘(2) PAYMENTS.—From the amount allotted

25 for payments to the Secretary of the Interior under
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1 subsection (a)(2), the Secretary of the Interior shall

2 make payments to local educational agencies, upon

3 such terms as the Secretary determines will best

4 carry out the purposes of this part, with respect to

5 out-of-State Indian children described in paragraph

6 (1). The amount of such payment may not exceed,

7 for each such child, the greater of—

8 ‘‘(A) 40 percent of the average per pupil

9 expenditure in the State in which the agency is

10 located; or

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

12 United States.’’.

13 SEC. 117. AMOUNTS FOR GRANTS.

14 Section 1122 (20 U.S.C. 6332) is amended to read

15 as follows:

16 ‘‘SEC. 1122. AMOUNTS FOR BASIC GRANTS, CONCENTRA17 TION GRANTS, AND TARGETED GRANTS.

18 ‘‘(a) ALLOCATION FORMULA.—

19 ‘‘(1) ALLOCATION TO STATES.—Of the amount

20 appropriated to carry out this part for each of fiscal

21 years 2001 through 2005 (each such year, as appro22 priate, shall be referred to in this subsection as the

23 ‘current fiscal year’), the amount to be allocated to

24 States for a fiscal year based on population data for
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1 local educational agencies in such States, shall be

2 equal to the sum of—

3 ‘‘(A) an amount equal to the sum of—

4 ‘‘(i) the amount made available to

5 carry out section 1124 (as such section ex6 isted on the day prior to the date of enact7 ment of the Public Education Reinvest8 ment, Reinvention, and Responsibility Act)

9 for fiscal year 1999; and

10 ‘‘(ii) 21.25 percent of the amount, if

11 any, by which the amount appropriated

12 under section 1002(a) for the current fis13 cal year exceeds the amount appropriated

14 under such section (as such section existed

15 on the day prior to the date of enactment

16 of the Public Education Reinvestment, Re17 invention, and Responsibility Act) for fiscal

18 year 1999, to be allocated in accordance

19 with section 1124;

20 ‘‘(B) an amount equal to the sum of—

21 ‘‘(i) the amount made available to

22 carry out section 1124A (as such section

23 existed on the day prior to the date of en24 actment of the Public Education Reinvest-
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1 ment, Reinvention, and Responsibility Act)

2 for fiscal year 1999; and

3 ‘‘(ii) 3.75 percent of the amount, if

4 any, by which the amount appropriated

5 under section 1002(a) for the current fis6 cal year exceeds the amount appropriated

7 under such section (as such section existed

8 on the day prior to the date of enactment

9 of the Public Education Reinvestment, Re10 invention, and Responsibility Act) for fiscal

11 year 1999, to be allocated in accordance

12 with section 1124A; and

13 ‘‘(C) an amount equal to 75 percent of the

14 amount, if any, by which the amount appro15 priated under section 1002(a) for the current

16 fiscal year exceeds the amount appropriated

17 under such section (as such section existed on

18 the day prior to the date of enactment of the

19 Public Education Reinvestment, Reinvention,

20 and Responsibility Act) for fiscal year 1999, to

21 be allocated in accordance with section 1125.

22 ‘‘(2) ALLOCATION TO LOCAL EDUCATIONAL

23 AGENCIES.—Of the total amounts allocated to a

24 State under this part for each of fiscal years 2001

25 and 2002, 96.5 percent shall be allocated by the
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1 State educational agency to local educational agen2 cies, and for each of fiscal years 2003 through 2005,

3 95.5 percent shall be allocated to local educational

4 agencies, of which—

5 ‘‘(A) 75 percent shall be allocated in ac6 cordance with section 1125;

7 ‘‘(B) 21.25 percent shall be allocated in ac8 cordance with section 1124; and

9 ‘‘(C) 3.75 percent shall be allocated in ac10 cordance with section 1124A.

11 ‘‘(b) ADJUSTMENTS WHERE NECESSITATED BY AP12 PROPRIATIONS.—

13 ‘‘(1) IN GENERAL.—If the sums available under

14 this part for any fiscal year are insufficient to pay

15 the full amounts that all States and local edu16 cational agencies are eligible to receive under sec17 tions 1124, 1124A, and 1125 for such fiscal year,

18 the Secretary shall ratably reduce the allocations to

19 such States and local educational agencies, subject

20 to subsections (c) and (d).

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

22 become available for making payments under sec23 tions 1124, 1124A, and 1125 for such fiscal year,

24 allocations that were reduced under paragraph (1)
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1 shall be increased on the same basis as they were re2 duced.

3 ‘‘(c) HOLD-HARMLESS AMOUNTS.—

4 ‘‘(1) GRANTS TO STATES.—The total amount

5 allocated to each State under this part in each fiscal

6 year shall not be less than the amount allocated to

7 each State in the preceding fiscal year.

8 ‘‘(2) GRANTS TO LOCAL EDUCATIONAL AGEN9 CIES.—The total amount allocated to each local edu10 cational agency under this part in each fiscal year

11 shall not be less than an amount equal to 85 percent

12 of the amount allocated to each local educational

13 agency in the preceding fiscal year.

14 ‘‘(d) RATABLE REDUCTIONS.—

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

16 under this part for any fiscal year are insufficient to

17 pay the full amounts that all States are eligible to

18 receive under subsection (c) for such year, the Sec19 retary shall ratably reduce such amounts for such

20 year.

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

22 become available for making payments under sub23 section (c) for such fiscal year, amounts that were

24 reduced under paragraph (1) shall be increased on

25 the same basis as such amounts were reduced.
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1 ‘‘(e) DEFINITION.—For the purpose of this section

2 and sections 1124, 1124A, and 1125, the term ‘State’

3 means each of the 50 States, the District of Columbia,

4 and the Commonwealth of Puerto Rico.’’.

5 SEC. 118. BASIC GRANTS TO LOCAL EDUCATIONAL AGEN6 CIES.

7 Section 1124 (20 U.S.C. 6333) is amended to read

8 as follows:

9 ‘‘SEC. 1124. BASIC GRANTS TO LOCAL EDUCATIONAL AGEN10 CIES.

11 ‘‘(a) AMOUNT OF GRANTS.—

12 ‘‘(1) GRANTS FOR LOCAL EDUCATIONAL AGEN13 CIES AND PUERTO RICO.—Except as provided in

14 paragraph (3) and in section 1126, the amount of

15 a grant that a local educational agency is eligible to

16 receive under this section for a fiscal year shall be

17 determined by multiplying—

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

19 subsection (c); and

20 ‘‘(B) 40 percent of the average per-pupil

21 expenditure in the State involved, except that

22 the amount determined under this subpara23 graph shall not be less than 32 percent or more

24 than 48 percent, of the average per-pupil ex25 penditure in the United States.
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1 ‘‘(2) CALCULATION OF GRANTS.—

2 ‘‘(A) ALLOCATIONS TO LOCAL EDU3 CATIONAL AGENCIES.—The Secretary shall cal4 culate the amount of grants under this section

5 on the basis of the number of children counted

6 under subsection (c) for local educational agen7 cies. For purposes of this subparagraph, the

8 Secretary and the Secretary of Commerce shall

9 publicly disclose the reasoning for their deter10 minations under subsection (c) in detail.

11 ‘‘(B) ALLOCATIONS TO LARGE AND SMALL

12 LOCAL EDUCATIONAL AGENCIES.—

13 ‘‘(i) APPLICATION OF PROVISION.—

14 The Secretary shall determine the amount

15 of grant awards under this section for each

16 large or small local educational agency.

17 ‘‘(ii) LARGE AGENCIES.—The amount

18 of a grant awarded under this section for

19 each large local educational agency shall be

20 the amount determined by the Secretary

21 under clause (i).

22 ‘‘(iii) SMALL AGENCIES.—With re23 spect to the amount of a grant awarded

24 under this section to a small local edu-
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1 cational agency, the State educational

2 agency may—

3 ‘‘(I) provide such grant in an

4 amount determined by the Secretary

5 under clause (i); or

6 ‘‘(II) use an alternative method

7 approved by the Secretary to dis8 tribute the portion of the State’s total

9 grants under this section that is based

10 on the number of small local edu11 cational agencies.

12 ‘‘(iv) ALTERNATIVE METHOD.—An al13 ternative method approved under clause

14 (iii)(II) shall be based on population data

15 that the State educational agency deter16 mines best reflects the current distribution

17 of children in poor families among the

18 State’s small local educational agencies

19 that meet the eligibility criteria of sub20 section (b).

21 ‘‘(v) APPEALS.—A small local edu22 cational agency that is dissatisfied with the

23 determination of its grant amount by the

24 State educational agency under clause

25 (iii)(II), may appeal that determination to
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1 the Secretary, who shall respond not later

2 than 45 days after receipt of such appeal.

3 ‘‘(vi) DEFINITION.—In this subpara4 graph:

5 ‘‘(I) LARGE LOCAL EDUCATIONAL

6 AGENCY.—The term ‘large local edu7 cational agency’ means a local edu8 cational agency serving an area with a

9 total population of 20,000 or more.

10 ‘‘(II) SMALL LOCAL EDU11 CATIONAL AGENCY.—The term ‘small

12 local educational agency’ means a

13 local educational agency serving an

14 area with a total population of less

15 than 20,000.

16 ‘‘(3) PUERTO RICO.—

17 ‘‘(A) IN GENERAL.—For each fiscal year,

18 the amount of the grant that the Common19 wealth of Puerto Rico shall be eligible to receive

20 under this section shall be determined by multi21 plying the number of children counted under

22 subsection (c) for the Commonwealth of Puerto

23 Rico by the product of—

24 ‘‘(i) the percentage which the average

25 per pupil expenditure in the Common-
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1 wealth of Puerto Rico is of the lowest aver2 age per pupil expenditure of any of the 50

3 States; and

4 ‘‘(ii) 32 percent of the average per

5 pupil expenditure in the United States.

6 ‘‘(B) MINIMUM PERCENTAGE.—The per7 centage in subparagraph (A)(i) shall not be less

8 than—

9 ‘‘(i) for fiscal year 2000, 75.0 percent;

10 ‘‘(ii) for fiscal year 2001, 77.5 per11 cent;

12 ‘‘(iii) for fiscal year 2002, 80.0 per13 cent;

14 ‘‘(iv) for fiscal year 2003, 82.5 per15 cent; and

16 ‘‘(v) for fiscal year 2004, and suc17 ceeding fiscal years, 85.0 percent.

18 ‘‘(C) LIMITATION.—If the application of

19 subparagraph (B) would result in any of the 50

20 States or the District of Columbia receiving less

21 under this part than the State or District re22 ceived under this part for the preceding fiscal

23 year, the percentage shall be the greater of the

24 percentage described in subparagraph (A)(i) or
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1 the percentage used for the preceding fiscal

2 year.

3 ‘‘(4) DEFINITION.—In this subsection, the term

4 ‘State’ does not include Guam, American Samoa, the

5 Virgin Islands, and the Northern Mariana Islands.

6 ‘‘(b) MINIMUM NUMBER OF CHILDREN TO QUAL7 IFY.—A local educational agency shall be eligible for a

8 basic grant under this section for any fiscal year only if—

9 ‘‘(1) there are 10 or more children counted

10 under subsection (c) with respect to that agency;

11 and

12 ‘‘(2) such children make up more than 2 per13 cent of the total school-age population in the agen14 cy’s jurisdiction.

15 ‘‘(c) CHILDREN TO BE COUNTED.—

16 ‘‘(1) CATEGORIES OF CHILDREN.—The number

17 of children to be counted for purposes of this section

18 is the aggregate of—

19 ‘‘(A) the number of children ages 5 to 17,

20 inclusive, in the school district of the local edu21 cational agency involved from families below the

22 poverty level as determined under paragraph

23 (2); and

24 ‘‘(B) the number of children (determined

25 under paragraph (4) for either the preceding
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1 year as described in that paragraph, or for the

2 second preceding year, as the Secretary finds

3 appropriate) ages 5 to 17, inclusive, in the

4 school district of the local educational agency

5 involved in institutions for neglected and delin6 quent children (other than such institutions op7 erated by the United States), but not counted

8 pursuant to subpart 1 of part D for the pur9 poses of a grant to a State agency, or being

10 supported in foster homes with public funds.

11 ‘‘(2) DETERMINATION OF NUMBER OF CHIL12 DREN.—

13 ‘‘(A) NUMBER OF CHILDREN BELOW THE

14 POVERTY LEVEL.—For purposes of this sub15 section, the Secretary shall determine the num16 ber of children ages 5 to 17, inclusive, from

17 families below the poverty level on the basis of

18 the most recent satisfactory data, described in

19 paragraph (3), that is available from the De20 partment of Commerce.

21 ‘‘(B) SPECIAL RULES.—

22 ‘‘(i) DISTRICT OF COLUMBIA AND

23 PUERTO RICO.—The District of Columbia

24 and the Commonwealth of Puerto Rico

25 shall be treated as individual local edu-
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1 cational agencies for purposes of this para2 graph.

3 ‘‘(ii) MULTIPLE COUNTIES.—If a local

4 educational agency contains 2 or more

5 counties in their entirety, then each county

6 will be treated as if such county were a

7 separate local educational agency for pur8 poses of calculating grants under this part.

9 The total of grants for such counties shall

10 be allocated to such local educational agen11 cy and the local educational agency shall

12 distribute to schools in each county within

13 such agency a share of the local edu14 cational agency’s total grant in an amount

15 that is not less than the county’s share of

16 the population counts used to calculate the

17 local educational agency’s grant.

18 ‘‘(3) POPULATION UPDATES.—

19 ‘‘(A) IN GENERAL.—In fiscal year 2001,

20 and every 2 years thereafter, the Secretary shall

21 use updated data on the number of children,

22 ages 5 to 17, inclusive, from families below the

23 poverty level for local educational agencies or

24 counties, as published by the Department of

25 Commerce, unless the Secretary and the Sec-
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1 retary of Commerce determine that the use of

2 the updated population data would be inappro3 priate or unreliable.

4 ‘‘(B) CRITERIA OF POVERTY.—In deter5 mining the families which are below the poverty

6 level, the Secretary shall utilize the criteria of

7 poverty used by the Bureau of the Census in

8 compiling the most recent decennial census, in

9 such form as those criteria have been updated

10 by increases in the Consumer Price Index for

11 all urban consumers, published by the Bureau

12 of Labor Statistics.

13 ‘‘(C) INAPPROPRIATE OR UNRELIABLE

14 DATA.—If the Secretary and the Secretary of

15 Commerce determine that some or all of the

16 data referred to in subparagraph (A) are inap17 propriate or unreliable, the Secretaries shall

18 publicly disclose the reasons for such deter19 mination.

20 ‘‘(4) OTHER CHILDREN TO BE COUNTED.—

21 ‘‘(A) IN GENERAL.—For the purposes of

22 this section, the Secretary shall—

23 ‘‘(i) determine the number of children

24 ages 5 to 17, inclusive, from families above

25 the poverty line on the basis of the number
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1 of such children from families receiving an

2 annual income in excess of the annual in3 come current criteria of poverty for pay4 ments under a State program funded

5 under part A of title IV of the Social Secu6 rity Act; and

7 ‘‘(ii) in making a determination under

8 clause (i), utilize the criteria of poverty

9 used by the Bureau of the Census in com10 piling the most recent decennial census for

11 a family of 4 in such form as those criteria

12 have been updated by increases in the Con13 sumer Price Index for all urban con14 sumers, published by the Bureau of Labor

15 Statistics.

16 ‘‘(B) CASELOAD DATA.—The Secretary

17 shall determine the number of children de18 scribed in subparagraph (A) and the number of

19 children ages 5 to 17, inclusive, living in insti20 tutions for neglected or delinquent children, or

21 being supported in foster homes with public

22 funds, on the basis of the caseload data for the

23 month of October of the year preceding the fis24 cal year for which the determination is being

25 made (using, in the case of children described
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1 in the preceding sentence, the criteria of pov2 erty and the form of such criteria required by

3 such sentence which were determined for the

4 calendar year preceding such month of October)

5 or, to the extent that such data are not avail6 able to the Secretary before January of the cal7 endar year in which the Secretary’s determina8 tion is made, then on the basis of the most re9 cent reliable data available to the Secretary at

10 the time of such determination. For the purpose

11 of this section, the Secretary shall consider all

12 children who are in correctional institutions to

13 be living in institutions for delinquent children.

14 ‘‘(C) COLLECTION AND TRANSMISSION OF

15 DATA.—The Secretary of Health and Human

16 Services shall collect and transmit the informa17 tion required by this subparagraph to the Sec18 retary not later than January 1 of each year.

19 ‘‘(5) ESTIMATE.—When requested by the Sec20 retary, the Secretary of Commerce shall make a spe21 cial updated estimate of the number of children of

22 such ages who are from families below the poverty

23 level in each school district, and the Secretary may

24 pay (either in advance or by way of reimbursement)

25 the Secretary of Commerce the cost of making this
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1 special estimate. The Secretary of Commerce shall

2 give consideration to any request of the chief execu3 tive of a State for the collection of additional census

4 information.

5 ‘‘(d) STATE MINIMUM.—Notwithstanding section

6 1122, the aggregate amount allotted for all local edu7 cational agencies within a State may not be less than the

8 lesser of—

9 ‘‘(1) 0.25 percent of total amount of grants

10 awarded under this section; or

11 ‘‘(2) the average of—

12 ‘‘(A) one-quarter of 1 percent of the total

13 amount available for such fiscal year under this

14 section; and

15 ‘‘(B) the number of children in such State

16 counted under subsection (c) in the fiscal year

17 multiplied by 150 percent of the national aver18 age per pupil payment made with funds avail19 able under this section for that year.’’.

20 SEC. 119. CONCENTRATION GRANTS.

21 Section 1124A (20 U.S.C. 6334.) is amended to read

22 as follows:

23 ‘‘SEC. 1124A. CONCENTRATION GRANTS TO LOCAL EDU24 CATIONAL AGENCIES.

25 ‘‘(a) ELIGIBILITY FOR AND AMOUNT OF GRANTS.—
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1 ‘‘(1) ELIGIBILITY.—

2 ‘‘(A) IN GENERAL.—Except as otherwise

3 provided in this paragraph, each local edu4 cational agency in a State other than Guam,

5 American Samoa, the Virgin Islands, and the

6 Commonwealth of the Northern Mariana Is7 lands, that is eligible for a grant under section

8 1124 for any fiscal year shall be eligible for an

9 additional grant under this section for that fis10 cal year if the number of children counted

11 under section 1124(c) with respect to the agen12 cy exceeds—

13 ‘‘(i) 6,500; or

14 ‘‘(ii) 15 percent of the total number of

15 children ages 5 through 17, inclusive, in

16 the agency.

17 ‘‘(B) MINIMUM AMOUNT.—Notwith18 standing section 1122, no State described in

19 subparagraph (A) shall receive an amount

20 under this section that is less than the lesser

21 of—

22 ‘‘(i) 0.25 percent of the total amount

23 of grants awarded under this section; or

24 ‘‘(ii) the average of—
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1 ‘‘(I) one-quarter of 1 percent of

2 the amounts made available to carry

3 out this section for such fiscal year;

4 and

5 ‘‘(II) the greater of—

6 ‘‘(aa) $340,000; or

7 ‘‘(bb) the number of children in

8 such State counted for purposes

9 of this section in that fiscal year

10 multiplied by 150 percent of the

11 national average per pupil pay12 ment made with funds available

13 under this section for that year.

14 ‘‘(2) SPECIAL RULE.—For each local edu15 cational agency eligible to receive an additional

16 grant under this section for any fiscal year the Sec17 retary shall determine the product of—

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

19 section 1124(c) for that fiscal year; and

20 ‘‘(B) the quotient resulting from the divi21 sion of the amount determined for those agen22 cies under section 1124(a)(1) for the fiscal year

23 for which the determination is being made di24 vided by the total number of children counted
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1 under section 1124(c) for that agency for that

2 fiscal year.

3 ‘‘(3) AMOUNT.—The amount of an additional

4 grant for which an eligible local educational agency

5 is eligible under this section for any fiscal year shall

6 be an amount that bears the same ratio to the

7 amount available to carry out this section for that

8 fiscal year as the product determined under para9 graph (2) for such local educational agency for that

10 fiscal year bears to the sum of such product for all

11 local educational agencies in the United States for

12 that fiscal year.

13 ‘‘(4) LOCAL ALLOCATIONS.—Grant amounts

14 under this section shall be determined in accordance

15 with section 1124(a)(2) and (3).

16 ‘‘(b) STATES RECEIVING MINIMUM GRANTS.—With

17 respect to a State that receives a grant for the minimum

18 amount under subsection (a)(1)(B), the State educational

19 agency shall allocate such amount among the local edu20 cational agencies in each State either—

21 ‘‘(1) in accordance with paragraphs (2) and (4)

22 of subsection (a); or

23 ‘‘(2) based on their respective concentrations

24 and numbers of children counted under section

25 1124(c), except that only those local educational
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1 agencies with concentrations or numbers of children

2 counted under section 1124(c) that exceed the state3 wide average percentage of such children or the

4 statewide average number of such children shall re5 ceive any funds on the basis of this paragraph.’’.

6 SEC. 120. TARGETED GRANTS.

7 Section 1125 (20 U.S.C 6335) is amended to read

8 as follows:

9 ‘‘SEC. 1125. TARGETED GRANTS TO LOCAL EDUCATIONAL

10 AGENCIES.

11 ‘‘(a) ELIGIBILITY OF LOCAL EDUCATIONAL AGEN12 CIES.—A local educational agency in a State shall be eligi13 ble to receive a targeted grant under this section for any

14 fiscal year if the number of children in the local edu15 cational agency counted under subsection 1124(c), before

16 the application of the weighting factor described in sub17 section (c), is at least 10, and if the number of children

18 counted for grants under section 1124 is at least 5 percent

19 of the total population age 5 to 17 years, inclusive, in the

20 local educational agency.

21 ‘‘(b) GRANTS FOR LOCAL EDUCATIONAL AGENCIES,

22 THE DISTRICT OF COLUMBIA, AND PUERTO RICO.—

23 ‘‘(1) IN GENERAL.—The amount of a grant

24 that a local educational agency in a State or that the

25 District of Columbia is eligible to receive under this
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1 section for any fiscal year shall be equal to the prod2 uct of—

3 ‘‘(A) the weighted child count determined

4 under subsection (c); and

5 ‘‘(B) the amount determined under section

6 1124(a)(1)(B).

7 ‘‘(2) PUERTO RICO.—For each fiscal year, the

8 amount of the grant for which the Commonwealth of

9 Puerto Rico is eligible to receive under this section

10 shall be equal to the number of children counted

11 under subsection (c) for Puerto Rico, multiplied by

12 the amount determined under section 1124(a)(4).

13 ‘‘(c) WEIGHTED CHILD COUNT.—

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

15 weighted child count used to determine a local edu16 cational agency’s grant under this section shall be

17 equal to the sum of—

18 ‘‘(A) the number of children determined

19 under section 1124(c) for that local educational

20 agency constituting up to 14.265 percent, inclu21 sive, of the agency’s total population ages 5 to

22 17, inclusive, multiplied by 1.0;

23 ‘‘(B) the number of such children consti24 tuting more than 14.265 percent, but not more
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•S 2254 IS

1 than 21.553 percent, of such population, multi2 plied by 1.75;

3 ‘‘(C) the number of such children consti4 tuting more than 21.553 percent, but not more

5 than 29.223 percent, of such population, multi6 plied by 2.5;

7 ‘‘(D) the number of such children consti8 tuting more than 29.223 percent, but not more

9 than 36.538 percent, of such population, multi10 plied by 3.25; and

11 ‘‘(E) the number of such children consti12 tuting more than 36.538 percent of such popu13 lation, multiplied by 4.0.

14 ‘‘(2) PUERTO RICO.—Notwithstanding subpara15 graph (A), the weighted child count for Puerto Rico

16 under this paragraph shall not be greater than the

17 total number of children counted under section

18 1124(c) multiplied by 1.72.

19 ‘‘(d) CALCULATION OF GRANT AMOUNTS.—Grants

20 under this section shall be calculated in accordance with

21 section 1124(a)(2) and (3).

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

23 provision of this section or section 1122, from the total

24 amount made available for any fiscal year to carry out
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1 this section, each State shall be allotted at least the lesser

2 of—

3 ‘‘(1) 0.25 percent of the total amount of grants

4 awarded under this section; or

5 ‘‘(2) the average of—

6 ‘‘(A) one-quarter of 1 percent of the total

7 amount available for such fiscal year to carry

8 out this section; and

9 ‘‘(B) 150 percent of the national average

10 grant under this section per child described in

11 section 1124(c), without application of a

12 weighting factor, multiplied by the State’s total

13 number of children described in section

14 1124(c), without application of a weighting fac15 tor.’’.

16 SEC. 121. SPECIAL ALLOCATION PROCEDURES.

17 Section 1126 (20 U.S.C. 6337) is amended to read

18 as follows:

19 ‘‘SEC. 1126. SPECIAL ALLOCATION PROCEDURES.

20 ‘‘(a) ALLOCATIONS FOR NEGLECTED CHILDREN.—

21 ‘‘(1) IN GENERAL.—If a State educational

22 agency determines that a local educational agency in

23 the State is unable or unwilling to provide for the

24 special educational needs of children who are living

25 in institutions for neglected children as described in
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1 subparagraph (B) of section 1124(c)(1), the State

2 educational agency shall, if such agency assumes re3 sponsibility for the special educational needs of such

4 children, receive the portion of such local educational

5 agency’s allocation under sections 1124, 1124A, and

6 1125 that is attributable to such children.

7 ‘‘(2) SPECIAL RULE.—If the State educational

8 agency does not assume the responsibility described

9 in paragraph (1), any other State or local public

10 agency that does assume such responsibility shall re11 ceive that portion of the local educational agency’s

12 allocation.

13 ‘‘(b) ALLOCATIONS AMONG LOCAL EDUCATIONAL

14 AGENCIES.—The State educational agency may allocate

15 the amounts of grants under sections 1124, 1124A, and

16 1125 among the affected local educational agencies—

17 ‘‘(1) if 2 or more local educational agencies

18 serve, in whole or in part, the same geographical

19 area;

20 ‘‘(2) if a local educational agency provides free

21 public education for children who reside in the

22 school district of another local educational agency;

23 or
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1 ‘‘(3) to reflect the merger, creation, or change

2 of boundaries of 1 or more local educational agen3 cies.

4 ‘‘(c) REALLOCATION.—If a State educational agency

5 determines that the amount of a grant that a local edu6 cational agency would receive under sections 1124, 1124A,

7 and 1125 is more than such local agency will use, the

8 State educational agency shall make the excess amount

9 available to other local educational agencies in the State

10 that need additional funds in accordance with criteria es11 tablished by the State educational agency.’’.

12 PART B—EVEN START FAMILY LITERACY

13 PROGRAMS

14 SEC. 131. PROGRAM AUTHORIZED.

15 Section 1202(c) (20 U.S.C. 6362(c)) is amended—

16 (1) in paragraph (1), by striking ‘‘section

17 2260(b)(3)’’ and inserting ‘‘section 7005(c)’’;

18 (2) by striking paragraph (2)(C); and

19 (3) in paragraph (3)—

20 (A) by striking ‘‘is defined’’ and inserting

21 ‘‘was defined’’; and

22 (B) by inserting ‘‘as such section was in

23 effect on the day preceding the date of enact24 ment of the Public Education Reinvestment,
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1 Reinvention, and Responsibility Act’’ after

2 ‘‘2252’’.

3 SEC. 132. APPLICATIONS.

4 Section 1207(c)(1)(F) (20 U.S.C. 6367(c)(1)(F)) is

5 amended by striking ‘‘the Goals 2000’’ and all that follows

6 through the period and inserting ‘‘or other Acts, as appro7 priate, consistent with section 8305.’’.

8 SEC. 133. RESEARCH.

9 Section 1211(b) (20 U.S.C. 6396b(b)) is amended to

10 read as follows:

11 ‘‘(b) DISSEMINATION.—The Secretary shall dissemi12 nate, or designate another entity to disseminate, the re13 sults of the research described in subsection (a) to States

14 and recipients of subgrants under this part.’’.

15 PART C—EDUCATION OF MIGRATORY CHILDREN

16 SEC. 141. COMPREHENSIVE NEEDS ASSESSMENT AND SERV17 ICE-DELIVERY PLAN; AUTHORIZED ACTIVI18 TIES.

19 Section 1306(a)(1) (20 U.S.C. 6369(a)(1)) is

20 amended—

21 (1) in subparagraph (A), by striking ‘‘the Goals

22 2000’’ and all that follows through the period and

23 inserting ‘‘or other Acts, as appropriate, consistent

24 with section 8305;’’;
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1 (2) in subparagraph (B), by striking ‘‘section

2 14302’’ and inserting ‘‘section 8302’’; and

3 (3) in subparagraph (F), by striking ‘‘bilingual

4 education’’ and all that follows and inserting ‘‘lan5 guage instruction programs under title III; and’’.

6 PART D—PREVENTION AND INTERVENTION PRO7 GRAMS FOR CHILDREN AND YOUTH WHO

8 ARE NEGLECTED, DELINQUENT, OR AT RISK

9 OF DROPPING OUT

10 SEC. 151. STATE PLAN AND STATE AGENCY APPLICATIONS.

11 Section 1414 (20 U.S.C. 6434) is amended—

12 (1) in subsection (a)(1), by striking ‘‘the Goals

13 2000’’ and all that follows through the period and

14 inserting ‘‘or other Acts, as appropriate, consistent

15 with section 8305.’’; and

16 (2) in subsection (c)—

17 (A) in paragraph (6), by striking ‘‘section

18 14701’’ and inserting ‘‘section 8701’’; and

19 (B) in paragraph (7), by striking ‘‘section

20 14501’’ and inserting ‘‘section 8501’’.

21 SEC. 152. USE OF FUNDS.

22 Section 1415(a)(2)(D) (20 U.S.C. 6435(a)(2)(D)) is

23 amended by striking ‘‘section 14701’’ and inserting ‘‘sec24 tion 8701’’.
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1 PART E—FEDERAL EVALUATIONS,

2 DEMONSTRATIONS, AND TRANSITION PROJECTS

3 SEC. 161. EVALUATIONS.

4 Section 1501 (20 U.S.C. 6491) is amended—

5 (1) in subsection (a)(4)—

6 (A) by striking ‘‘January 1, 1996’’ and in7 serting ‘‘January 1, 2002’’; and

8 (B) by striking ‘‘January 1, 1999’’ and in9 serting ‘‘January 1, 2005’’;

10 (2) in subsection (b)(1), by striking ‘‘December

11 31, 1997’’ and inserting ‘‘December 31, 2003’’; and

12 (3) in subsection (e)(2), by striking ‘‘December

13 31, 1996’’ and inserting ‘‘December 31, 2002’’.

14 SEC. 162. DEMONSTRATIONS OF INNOVATIVE PRACTICES.

15 Section 1502 (20 U.S.C. 6492) is amended to read

16 as follows:

17 ‘‘SEC. 1502. COMPREHENSIVE SCHOOL REFORM.

18 ‘‘(a) FINDINGS AND PURPOSE.—

19 ‘‘(1) FINDINGS.—Congress finds the following:

20 ‘‘(A) A number of schools across the coun21 try have shown impressive gains in student per22 formance through the use of comprehensive

23 models for schoolwide change that incorporate

24 virtually all aspects of school operations.

25 ‘‘(B) No single comprehensive school re26 form model may be suitable for every school,
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1 however, schools should be encouraged to exam2 ine successful, externally developed comprehen3 sive school reform approaches as they under4 take comprehensive school reform.

5 ‘‘(C) Comprehensive school reform is an

6 important means by which children are assisted

7 in meeting challenging State student perform8 ance standards.

9 ‘‘(2) PURPOSE.—The purpose of this section is

10 to provide financial incentives for schools to develop

11 comprehensive school reforms, based upon scientif12 ically based research and effective practices that in13 clude an emphasis on basic academics and parental

14 involvement so that all children can meet challenging

15 State content and performance standards.

16 ‘‘(b) PROGRAM AUTHORIZED.—

17 ‘‘(1) IN GENERAL.—The Secretary is authorized

18 to provide grants to State educational agencies to

19 provide subgrants to local educational agencies to

20 carry out the purpose described in subsection (a)(2).

21 ‘‘(2) ALLOCATION.—

22 ‘‘(A) RESERVATION.—Of the amount ap23 propriated under this section, the Secretary

24 may reserve—
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1 ‘‘(i) not more than 1 percent for

2 schools supported by the Bureau of Indian

3 Affairs and in the United States Virgin Is4 lands, Guam, American Samoa, and the

5 Commonwealth of the Northern Mariana

6 Islands; and

7 ‘‘(ii) not more than 1 percent to con8 duct national evaluation activities de9 scribed under subsection (e).

10 ‘‘(B) IN GENERAL.—Of the amount of

11 funds remaining after the reservation under

12 subparagraph (A), the Secretary shall allocate

13 to each State for a fiscal year, an amount that

14 bears the same ratio to the amount appro15 priated for that fiscal year as the amount made

16 available under section 1124 to the State for

17 the preceding fiscal year bears to the total

18 amount allocated under section 1124 to all

19 States for that year.

20 ‘‘(C) REALLOCATION.—If a State does not

21 apply for funds under this section, the Sec22 retary shall reallocate such funds to other

23 States that do apply in proportion to the

24 amount allocated to such States under subpara25 graph (B).
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1 ‘‘(c) STATE AWARDS.—

2 ‘‘(1) STATE APPLICATION.—

3 ‘‘(A) IN GENERAL.—Each State edu4 cational agency that desires to receive a grant

5 under this section shall submit an application to

6 the Secretary at such time, in such manner and

7 containing such other information as the Sec8 retary may reasonably require.

9 ‘‘(B) CONTENTS.—Each State application

10 shall also describe—

11 ‘‘(i) the process and selection criteria

12 by which the State educational agency,

13 using expert review, will select local edu14 cational agencies to receive subgrants

15 under this section;

16 ‘‘(ii) how the agency will ensure that

17 only comprehensive school reforms that are

18 based on scientifically based research re19 ceive funds under this section;

20 ‘‘(iii) how the agency will disseminate

21 materials regarding information on com22 prehensive school reforms that are based

23 on scientifically based research;

24 ‘‘(iv) how the agency will evaluate the

25 implementation of such reforms and meas-
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1 ure the extent to which the reforms re2 sulted in increased student academic per3 formance; and

4 ‘‘(v) how the agency will provide, upon

5 request, technical assistance to the local

6 educational agency in evaluating, devel7 oping, and implementing comprehensive

8 school reform.

9 ‘‘(2) USES OF FUNDS.—

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

11 subparagraph (E), a State educational agency

12 that receives an award under this section shall

13 use such funds to provide competitive grants to

14 local educational agencies receiving funds under

15 part A.

16 ‘‘(B) GRANT REQUIREMENTS.—A grant to

17 a local educational agency shall be—

18 ‘‘(i) of sufficient size and scope to

19 support the initial costs for the particular

20 comprehensive school reform plan selected

21 or designed by each school identified in the

22 application of the local educational agency;

23 ‘‘(ii) in an amount not less than

24 $50,000 to each participating school; and
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1 ‘‘(iii) renewable for two additional 1-

2 year periods after the initial 1-year grant

3 is made if schools are making substantial

4 progress in the implementation of their re5 forms.

6 ‘‘(C) PRIORITY.—The State, in awarding

7 grants under this paragraph, shall give priority

8 to local educational agencies that—

9 ‘‘(i) plan to use the funds in schools

10 identified as being in need of improvement

11 or corrective action under section 1116(c);

12 and

13 ‘‘(ii) demonstrate a commitment to

14 assist schools with budget allocation, pro15 fessional development, and other strategies

16 necessary to ensure the comprehensive

17 school reforms are properly implemented

18 and are sustained in the future.

19 ‘‘(D) GRANT CONSIDERATION.—In making

20 subgrant awards under this part, the State edu21 cational agency shall take into account the equi22 table distribution of awards to different geo23 graphic regions within the State, including

24 urban and rural areas, and to schools serving

25 elementary and secondary students.
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1 ‘‘(E) ADMINISTRATIVE COSTS.—A State

2 educational agency that receives a grant award

3 under this section may reserve not more than 5

4 percent of such award for administrative, eval5 uation, and technical assistance expenses.

6 ‘‘(F) SUPPLEMENT.—Funds made avail7 able under this section shall be used to supple8 ment, not supplant, any other Federal, State,

9 or local funds that would otherwise be available

10 to carry out this section.

11 ‘‘(3) REPORTING.—Each State educational

12 agency that receives an award under this section

13 shall provide to the Secretary such information as

14 the Secretary may require, including the names of

15 local educational agencies and schools selected to re16 ceive subgrant awards under this section, the

17 amount of such award, and a description of the com18 prehensive school reform model selected and in use.

19 ‘‘(d) LOCAL AWARDS.—

20 ‘‘(1) IN GENERAL.—Each local educational

21 agency that applies for a subgrant under this section

22 shall—

23 ‘‘(A) identify which schools eligible for

24 funds under part A plan to implement a com-
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1 prehensive school reform program, including the

2 projected costs of such a program;

3 ‘‘(B) describe the scientifically based com4 prehensive school reforms that such schools will

5 implement;

6 ‘‘(C) describe how the agency will provide

7 technical assistance and support for the effec8 tive implementation of the scientifically based

9 school reforms selected by such schools; and

10 ‘‘(D) describe how the agency will evaluate

11 the implementation of such reforms and meas12 ure the results achieved in improving student

13 academic performance.

14 ‘‘(2) COMPONENTS OF THE PROGRAM.—A local

15 educational agency that receives a subgrant award

16 under this section shall provide such funds to

17 schools that implement a comprehensive school re18 form program that—

19 ‘‘(A) employs innovative strategies and

20 proven methods for student learning, teaching,

21 and school management that are based on sci22 entifically based research and effective practices

23 and have been replicated successfully in schools

24 with diverse characteristics;
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1 ‘‘(B) integrates a comprehensive design for

2 effective school functioning, including instruc3 tion, assessment, classroom management, pro4 fessional development, parental involvement,

5 and school management, that aligns the school’s

6 curriculum, technology, professional develop7 ment into a comprehensive reform plan for

8 schoolwide change designed to enable all stu9 dents to meet challenging State content and

10 challenging student performance standards and

11 addresses needs identified through a school

12 needs assessment;

13 ‘‘(C) provides high-quality and continuous

14 teacher and staff professional development;

15 ‘‘(D) includes measurable goals for student

16 performance and benchmarks for meeting such

17 goals;

18 ‘‘(E) is supported by teachers, principals,

19 administrators, and other professional staff;

20 ‘‘(F) provides for the meaningful involve21 ment of parents and the local community in

22 planning and implementing school improvement

23 activities;

24 ‘‘(G) uses high quality external technical

25 support and assistance from an entity, which
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1 may be an institution of higher education, with

2 experience and expertise in schoolwide reform

3 and improvement;

4 ‘‘(H) includes a plan for the evaluation of

5 the implementation of school reforms and the

6 student results achieved; and

7 ‘‘(I) identifies how other resources, includ8 ing Federal, State, local, and private resources,

9 available to the school will be used to coordinate

10 services to support and sustain the school re11 form effort.

12 ‘‘(3) SPECIAL RULE.—A school that receives

13 funds to develop a comprehensive school reform pro14 gram shall not be limited to using the approaches

15 identified or developed by the Department of Edu16 cation, but may develop its own comprehensive

17 school reform programs for schoolwide change that

18 comply with paragraph (2).

19 ‘‘(e) EVALUATION AND REPORT.—

20 ‘‘(1) IN GENERAL.—The Secretary shall develop

21 a plan for a national evaluation of the programs de22 veloped pursuant to this section.

23 ‘‘(2) EVALUATION.—This national evaluation

24 shall evaluate the implementation and results

25 achieved by schools after 3 years of implementing
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1 comprehensive school reforms, and assess the effec2 tiveness of comprehensive school reforms in schools

3 with diverse characteristics.

4 ‘‘(3) REPORTS.—Prior to the completion of a

5 national evaluation, the Secretary shall submit an

6 interim report outlining first year implementation

7 activities to the Committees on Education and the

8 Workforce and Appropriations of the House of Rep9 resentatives and the Committees on Health, Edu10 cation, Labor, and Pensions and Appropriations of

11 the Senate.

12 ‘‘(f) DEFINITION.—The term ‘scientifically based

13 research’—

14 ‘‘(1) means the application of rigorous, system15 atic, and objective procedures in the development of

16 comprehensive school reform models; and

17 ‘‘(2) shall include research that—

18 ‘‘(A) employs systematic, empirical meth19 ods that draw on observation or experiment;

20 ‘‘(B) involves rigorous data analyses that

21 are adequate to test the stated hypotheses and

22 justify the general conclusions drawn;

23 ‘‘(C) relies on measurements or observa24 tional methods that provide valid data across
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1 evaluators and observers and across multiple

2 measurements and observations; and

3 ‘‘(D) has been accepted by a peer-reviewed

4 journal or approved by a panel of independent

5 experts through a comparably rigorous, objec6 tive, and scientific review.

7 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—Funds

8 appropriated for any fiscal year under section 1002(f)

9 shall be used for carrying out the activities under this sec10 tion.’’.

11 PART F—RURAL EDUCATION DEVELOPMENT

12 INITIATIVE

13 SEC. 171. RURAL EDUCATION DEVELOPMENT INITIATIVE.

14 Title I (20 U.S.C. 6301 et seq.) is amended—

15 (1) by redesignating part F (20 U.S.C. 6511 et

16 seq.) as part G;

17 (2) by redesignating sections 1601 through

18 1604 (20 U.S.C. 6511, 6514) as sections 1701

19 through 1704, respectively, and by redesignating ac20 cordingly the references to such sections in part G

21 (as so redesignated); and

22 (3) by inserting after part E (20 U.S.C. 6491

23 et seq.) the following:
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1 ‘‘PART F—RURAL EDUCATION DEVELOPMENT

2 INITIATIVE

3 ‘‘SEC. 1601. FINDINGS.

4 ‘‘Congress makes the following findings:

5 ‘‘(1) The National Center for Educational Sta6 tistics reports that 46 percent of our Nation’s public

7 elementary schools and secondary schools serve rural

8 areas.

9 ‘‘(2) While there are rural education initiatives

10 identified at the State and local level, no Federal

11 education policy focuses on the specific and unique

12 needs of rural school districts and schools, especially

13 those that serve poor students.

14 ‘‘(3) A critical problem for rural school districts

15 involves the hiring and retention of qualified admin16 istrators and certified teachers, especially in science

17 and mathematics. Consequently, teachers in rural

18 schools are almost twice as likely to provide instruc19 tion in 3 or more subject areas than teachers in

20 urban schools. Rural schools also face other tough

21 challenges, such as shrinking local tax bases, high

22 transportation costs, aging buildings, limited course

23 offerings, and limited resources.

24 ‘‘(4) Data from the National Assessment of

25 Educational Progress (NAEP) consistently shows

26 large gaps between the achievement of students in
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1 high poverty schools and those in other schools.

2 High-poverty schools will face special challenges in

3 preparing their students to reach high standards of

4 performance on State and national assessments.

5 ‘‘SEC. 1602. DEFINITIONS.

6 ‘‘In this part:

7 ‘‘(1) ELIGIBLE LOCAL EDUCATIONAL AGEN8 CY.—The term ‘eligible local educational agency’

9 means a local educational agency that serves—

10 ‘‘(A) a school-age population, not less than

11 15 percent of which consists of students from

12 families with incomes below the poverty line;

13 and

14 ‘‘(B)(i) a rural locality; or

15 ‘‘(ii) a school-age population of not more

16 than 800 students.

17 ‘‘(2) METROPOLITAN AREA.—The term ‘metro18 politan area’ means an area defined as such by the

19 Secretary of Commerce.

20 ‘‘(3) POVERTY LINE.—The term ‘poverty line’

21 means the poverty line (as defined by the Office of

22 Management and Budget, and revised annually in

23 accordance with section 673(2) of the Community

24 Services Block Grant Act (42 U.S.C. 9902(2))) ap25 plicable to a family of the size involved.
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1 ‘‘(4) RURAL LOCALITY.—The term ‘rural local2 ity’ means a locality that is not within a metropoli3 tan area.

4 ‘‘(5) STATE.—The term ‘State’ means each of

5 the several States of the United States, the District

6 of Columbia, and the Commonwealth of Puerto Rico.

7 ‘‘(6) SCHOOL AGE POPULATION.—The term

8 ‘school age population’ means the number of stu9 dents aged 5 through 17.

10 ‘‘SEC. 1603. PROGRAM AUTHORIZED.

11 ‘‘(a) GRANTS AUTHORIZED.—The Secretary shall

12 award grants, from allotments under subsection (b)(2), to

13 each State having an application approved under section

14 1604 to enable the State educational agency to award

15 grants to eligible local educational agencies to carry out

16 local authorized activities described in section 1605(b).

17 ‘‘(b) RESERVATION AND ALLOTMENTS.—

18 ‘‘(1) RESERVATION.—From amounts appro19 priated under section 1608 for each fiscal year, the

Secretary shall reserve 1 20 ⁄2 of 1 percent of such

21 amount for payments to the Secretary of the Inte22 rior for activities approved by the Secretary, con23 sistent with this subpart, in elementary schools and

24 secondary schools operated or supported by the Bu-
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1 reau of Indian Affairs, on the basis of their respec2 tive needs for assistance under this part.

3 ‘‘(2) ALLOTMENTS.—

4 ‘‘(A) IN GENERAL.—From the amounts

5 appropriated under section 1608 for each fiscal

6 year that remain after making the reservation

7 under paragraph (1), the Secretary shall allot

8 to each State having an application approved

9 under section 1604 an amount that bears the

10 same relationship to the remainder as the

11 school age population served by eligible local

12 educational agencies in the State bears to the

13 school age population served by eligible local

14 educational agencies in all States.

15 ‘‘(B) DATA.—In determining the school

16 age population under subparagraph (A), the

17 Secretary shall use the most recent data avail18 able from the Bureau of the Census.

19 ‘‘(c) DIRECT AWARDS TO ELIGIBLE LOCAL EDU20 CATIONAL AGENCIES.—

21 ‘‘(1) NONPARTICIPATING STATE.—If a State

22 educational agency for a fiscal year elects not to par23 ticipate in a program under this section, or does not

24 have an application approved under section 1604, an

25 eligible local educational agency in such State desir-
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1 ing a grant under this part for the fiscal year shall

2 apply directly to the Secretary to receive a grant

3 under this subsection.

4 ‘‘(2) DIRECT AWARDS.—The Secretary may

5 award, on a competitive basis, the amount the State

6 educational agency is eligible to receive under sub7 section (b)(2) directly to eligible local educational

8 agencies in the State desiring a grant under para9 graph (1).

10 ‘‘(3) ADMINISTRATIVE FUNDS.—An eligible

11 local educational agency that receives a direct grant

12 under this subsection may use not more than 1 per13 cent of the grant funds for the administrative costs

14 of carrying out this part in the first year the agency

15 receives a grant under this subsection and 0.5 per16 cent for such costs in the second and each suc17 ceeding such year.

18 ‘‘(d) MATCHING REQUIREMENT.—Each eligible local

19 educational agency receiving a grant under subsection (c)

20 or section 1605(a) shall contribute resources with respect

21 to the local authorized activities to be assisted under this

22 part in cash or in-kind, from non-Federal sources, in an

23 amount equal to the Federal funds awarded under the

24 grant.
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1 ‘‘(e) RELATION TO OTHER FEDERAL FUNDING.—

2 Funds received under this part by a State educational

3 agency or an eligible local educational agency shall not be

4 taken into consideration in determining the eligibility for,

5 or amount of, any other Federal funding awarded to such

6 agencies.

7 ‘‘SEC. 1604. APPLICATIONS.

8 ‘‘(a) IN GENERAL.—Each State educational agency

9 desiring a grant under section 1603 and eligible local edu10 cational agency desiring a grant under section 1603(c)

11 shall submit an application to the Secretary at such time,

12 in such manner, and accompanied by such information as

13 the Secretary may require.

14 ‘‘(b) CONTENTS.—Each application submitted under

15 subsection (a) shall—

16 ‘‘(1) specify annual, measurable performance

17 goals and objectives, at a minimum, with respect

18 to—

19 ‘‘(A) increased student academic achieve20 ment;

21 ‘‘(B) decreased gaps in achievement be22 tween minority and non-minority students, and

23 between economically disadvantaged and non24 economically disadvantaged students; and
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1 ‘‘(C) other factors that the State edu2 cational agency or eligible local educational

3 agency may choose to measure;

4 ‘‘(2) describe how the State educational agency

5 or eligible local educational agency will hold local

6 educational agencies and elementary schools or sec7 ondary schools receiving funds under this part ac8 countable for meeting the annual, measurable goals

9 and objectives;

10 ‘‘(3) describe how the State educational agency

11 or eligible local educational agency will provide tech12 nical assistance for a local educational agency, an el13 ementary school, or a secondary school that does not

14 meet the annual, measurable goals and objectives;

15 and

16 ‘‘(4) describe how the State educational agency

17 or eligible local educational agency will take action

18 against a local educational agency, an elementary

19 school, or a secondary school, if the local educational

20 agency or school fails, over 2 consecutive years, to

21 meet the annual, measurable goals and objectives.

22 ‘‘SEC. 1605. WITHIN-STATE ALLOCATIONS.

23 ‘‘(a) ALLOCATIONS.—A State educational agency

24 shall award grants under this part to eligible local edu25 cational agencies within the State according to a formula
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1 developed by the State educational agency and approved

2 by the Secretary.

3 ‘‘(b) USES OF FUNDS.—Grant funds awarded to eli4 gible local educational agencies or made available to ele5 mentary schools and secondary schools under this section

6 shall be used for—

7 ‘‘(1) educational technology, including software

8 and hardware;

9 ‘‘(2) professional development;

10 ‘‘(3) technical assistance;

11 ‘‘(4) recruitment and retention of fully qualified

12 teachers, as defined in title II, and highly qualified

13 principals;

14 ‘‘(5) parental involvement activities; or

15 ‘‘(6) academic enrichment or other education

16 programs.

17 ‘‘(c) RESERVATION OF ADMINISTRATIVE FUNDS.—

18 ‘‘(1) FIRST YEAR.—For the first year that a

19 State educational agency receives a grant under this

20 part, the agency—

21 ‘‘(A) shall use not less than 99 percent of

22 the grant funds to award grants to eligible local

23 educational agencies in the State; and
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1 ‘‘(B) may use not more than 1 percent for

2 State activities and the administrative costs of

3 carrying out this part.

4 ‘‘(2) SUCCEEDING YEARS.—For the second and

5 each succeeding year that a State educational agen6 cy receives a grant under this part, the agency—

7 ‘‘(A) shall use not less than 99.5 percent

8 of the grant funds to award grants to eligible

9 local educational agencies in the State; and

10 ‘‘(B) may use not more than 0.5 percent of

11 the grant funds for State activities and the ad12 ministrative costs of carrying out this part.

13 ‘‘SEC. 1606. ACCOUNTABILITY.

14 The Secretary, at the end of the third year that a

15 State educational agency or an eligible local educational

16 agency receiving a direct award under section 1603(c) par17 ticipates in the program under this part, shall permit only

18 those State educational agencies and eligible local edu19 cational agencies that meet their annual, measurable goals

20 and objectives for 2 consecutive years to receive grant

21 funds for the fourth or fifth fiscal years of the program

22 under this part.

23 ‘‘SEC. 1607. REPORTS.

24 ‘‘(a) STATE REPORTS.—Each State educational

25 agency that receives a grant under this part shall provide
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1 an annual report to the Secretary. The report shall

2 describe—

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

4 used to award grants to eligible local educational

5 agencies and to provide assistance to elementary

6 schools and secondary schools under this part;

7 ‘‘(2) how eligible local educational agencies and

8 elementary schools and secondary schools within the

9 State used the grant funds provided under this part;

10 and

11 ‘‘(3) the degree to which progress has been

12 made toward meeting the annual, measurable goals

13 and objectives described in the State application.

14 ‘‘(b) REPORTS FROM ELIGIBLE LOCAL EDU15 CATIONAL AGENCIES.—Each eligible local educational

16 agency receiving a grant under section 1603(c) shall pro17 vide an annual report to the Secretary. Such report shall

18 describe—

19 ‘‘(1) how such agency used the grant funds pro20 vided under this part;

21 ‘‘(2) the degree to which progress has been

22 made toward meeting the annual, measurable goals

23 and objectives described in the eligible local edu24 cational agency’s application; and
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1 ‘‘(3) how the local educational agency coordi2 nated funds received under this part with other Fed3 eral, State, and local funds.

4 ‘‘(c) REPORT TO CONGRESS.—The Secretary shall

5 prepare and submit to Congress an annual report setting

6 forth the information provided to the Secretary pursuant

7 to subsections (a) and (b).

8 ‘‘(d) STUDY.—The Comptroller General of the United

9 States shall conduct a study regarding the impact of as10 sistance provided under this part on student achievement,

11 and shall submit such study to Congress.

12 ‘‘SEC. 1608. AUTHORIZATION OF APPROPRIATIONS.

13 ‘‘There are authorized to be appropriated to carry out

14 this part $200,000,000 for fiscal year 2001 and such sums

15 as may be necessary for each of the 4 succeeding fiscal

16 years.’’.

17 PART G—GENERAL PROVISIONS

18 SEC. 181. FEDERAL REGULATIONS.

19 Section 1701(b)(4) (20 U.S.C. 6511(b)(4)) (as redes20 ignated by section 161(2)) is amended by striking ‘‘July

21 1, 1995’’ and inserting ‘‘May 1, 2000’’.

22 SEC. 182. STATE ADMINISTRATION.

23 Section 1703 (20 U.S.C. 6513) (as redesignated by

24 section 161(2)) is amended by striking subsection (c).
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1 TITLE II—TEACHER AND PRIN2 CIPAL QUALITY, PROFES3 SIONAL DEVELOPMENT, AND

4 CLASS SIZE

5 SEC. 201. TEACHER AND PRINCIPAL QUALITY, PROFES6 SIONAL DEVELOPMENT, AND CLASS SIZE.

7 Title II (20 U.S.C. 6601 et seq.) is amended to read

8 as follows:

9 ‘‘TITLE II—TEACHER AND PRIN10 CIPAL QUALITY, PROFES11 SIONAL DEVELOPMENT, AND

12 CLASS SIZE

13 ‘‘SEC. 2001. PURPOSE.

14 ‘‘The purpose of this title is to provide grants to

15 State educational agencies and local educational agencies

16 in order to assist their efforts to increase student academic

17 achievement through such strategies as improving teacher

18 and principal quality, increasing professional development,

19 and decreasing class size.

20 ‘‘SEC. 2002. DEFINITIONS.

21 ‘‘In this title:

22 ‘‘(1) FULLY QUALIFIED.—The term ‘fully quali23 fied’ means—

24 ‘‘(A) in the case of an elementary school

25 teacher (other than a teacher teaching in a pub-
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1 lic charter school), a teacher who, at a

2 minimum—

3 ‘‘(i) has obtained State certification

4 (which may include certification obtained

5 through alternative means), or a State li6 cense, to teach in the State in which the

7 teacher teaches;

8 ‘‘(ii) holds a bachelor’s degree from

9 an institution of higher education; and

10 ‘‘(iii) demonstrates subject matter

11 knowledge, teaching knowledge, and the

12 teaching skills required to teach effectively

13 reading, writing, mathematics, science, so14 cial studies, and other elements of a liberal

15 arts education; and

16 ‘‘(B) in the case of a secondary school

17 teacher (other than a teacher teaching in a pub18 lic charter school), a teacher who, at a

19 minimum—

20 ‘‘(i) has obtained State certification

21 (which may include certification obtained

22 through alternative means), or a State li23 cense, to teach in the State in which the

24 teacher teaches;
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1 ‘‘(ii) holds a bachelor’s degree from

2 an institution of higher education; and

3 ‘‘(iii) demonstrates a high level of

4 competence in all subject areas in which

5 the teacher teaches through—

6 ‘‘(I) completion of an academic

7 major (or courses totaling an equiva8 lent number of credit hours) in each

9 of the subject areas in which the

10 teacher provides instruction;

11 ‘‘(II) achievement of a high level

12 of performance in other professional

13 employment experience in subject

14 areas relevant to the subject areas in

15 which the teacher provides instruc16 tion; or

17 ‘‘(III) achievement of a high level

18 of performance on rigorous academic

19 subject area tests administered by the

20 State in which the teacher teaches.

21 ‘‘(2) INSTITUTION OF HIGHER EDUCATION.—

22 The term ‘institution of higher education’ means an

23 institution of higher education, as defined in section

24 101 of the Higher Education Act of 1965, that—
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1 ‘‘(A) has not been identified as low per2 forming under section 208 of the Higher Edu3 cation Act of 1965; and

4 ‘‘(B) is in full compliance with the public

5 reporting requirements described in section 207

6 of the Higher Education Act of 1965.

7 ‘‘(3) OUTLYING AREA.—The term ‘outlying

8 area’ means the United States Virgin Islands,

9 Guam, American Samoa, and the Commonwealth of

10 the Northern Mariana Islands.

11 ‘‘(4) POVERTY LINE.—The term ‘poverty line’

12 means the poverty line (as defined by the Office of

13 Management and Budget, and revised annually in

14 accordance with section 673(2) of the Community

15 Services Block Grant Act) applicable to a family of

16 the size involved, for the most recent year.

17 ‘‘(5) SCHOOL-AGE POPULATION.—The term

18 ‘school-age population’ means the population aged 5

19 through 17, as determined on the basis of the most

20 recent satisfactory data.

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

22 the several States in the United States, the District

23 of Columbia, and the Commonwealth of Puerto Rico.
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1 ‘‘PART A—TEACHER AND PRINCIPAL QUALITY

2 AND PROFESSIONAL DEVELOPMENT

3 ‘‘SEC. 2011. PROGRAM AUTHORIZED.

4 ‘‘(a) GRANTS AUTHORIZED.—The Secretary shall

5 award a grant, from allotments made under subsection

6 (b), to each State having a State plan approved under sec7 tion 2013, to enable the State to raise the quality of, and

8 provide professional development opportunities for, public

9 elementary school and secondary school teachers, prin10 cipals, and administrators.

11 ‘‘(b) RESERVATIONS AND ALLOTMENTS.—

12 ‘‘(1) RESERVATIONS.—From the amount appro13 priated under section 2023 to carry out this part for

14 each fiscal year, the Secretary shall reserve—

‘‘(A) 1 15 ⁄2 of 1 percent of such amount for

16 payments to the Bureau of Indian Affairs for

17 activities, approved by the Secretary, consistent

18 with this part;

‘‘(B) 1 19 ⁄2 of 1 percent of such amount for

20 payments to outlying areas, to be allotted in ac21 cordance with their respective needs as deter22 mined by the Secretary, for activities, approved

23 by the Secretary, consistent with this part; and

24 ‘‘(C) such sums as may be necessary to

25 continue to support any multiyear partnership

26 program award made under parts A, C, and D
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•S 2254 IS

1 (as such parts were in effect on the day pre2 ceding the date of enactment of the Public Edu3 cation Reinvestment, Reinvention, and Respon4 sibility Act) until the termination of the

5 multiyear award.

6 ‘‘(2) STATE ALLOTMENTS.—From the amount

7 appropriated under section 2023 for a fiscal year

8 and remaining after the Secretary makes reserva9 tions under paragraph (1), the Secretary shall allot

10 to each State having a State plan approved under

11 section 2013 the sum of—

12 ‘‘(A) an amount that bears the same rela13 tionship to 50 percent of the remainder as the

14 school-age population from families with in15 comes below the poverty line in the State bears

16 to the school-age population from families with

17 incomes below the poverty line in all States; and

18 ‘‘(B) an amount that bears the same rela19 tionship to 50 percent of the remainder as the

20 school-age population in the State bears to the

21 school-age population in all States.

22 ‘‘(c) STATE MINIMUM.—For any fiscal year, no State

23 shall be allotted under this section an amount that is less

than 1 24 ⁄2 of 1 percent of the total amount allotted to all

25 States under subsection (b)(2).
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1 ‘‘(d) HOLD-HARMLESS AMOUNTS.—For fiscal year

2 2001, notwithstanding subsection (b)(2), the amount al3 lotted to each State under this section shall be not less

4 than 100 percent of the total amount the State was allot5 ted under part B (as such part was in effect on the day

6 preceding the date of enactment of the Public Education

7 Reinvestment, Reinvention, and Responsibility Act) for

8 the preceding fiscal year.

9 ‘‘(e) RATABLE REDUCTIONS.—If the sums made

10 available under subsection (b)(2) for any fiscal year are

11 insufficient to pay the full amounts that all States are eli12 gible to receive under subsection (d) for such year, the

13 Secretary shall ratably reduce such amounts for such year.

14 ‘‘SEC. 2012. WITHIN STATE ALLOCATION.

15 ‘‘(a) IN GENERAL.—Each State educational agency

16 for a State receiving a grant under section 2011(a) shall—

17 ‘‘(1) set aside 10 percent of the grant funds to

18 award educator partnership grants under section

19 2021;

20 ‘‘(2) set aside not more than 5 percent of the

21 grant funds to carry out activities described the

22 State plan submitted under section 2013; and

23 ‘‘(3) using the remaining 85 percent of the

24 grant funds, make subgrants by allocating to each

25 local educational agency in the State the sum of—
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•S 2254 IS

1 ‘‘(A) an amount that bears the same rela2 tionship to 60 percent of the remainder as the

3 school-age population from families with in4 comes below the poverty line in the area served

5 by the local educational agency bears to the

6 school-age population from families with in7 comes below the poverty line in the area served

8 by all local educational agencies in the State;

9 and

10 ‘‘(B) an amount that bears the same rela11 tionship to 40 percent of the remainder as the

12 school-age population in the area served by the

13 local educational agency bears to the school-age

14 population in the area served by all local edu15 cational agencies in the State.

16 ‘‘(b) HOLD-HARMLESS AMOUNTS.—

17 ‘‘(1) FISCAL YEAR 2001.—For fiscal year 2001,

18 notwithstanding subsection (a), the amount allocated

19 to each local educational agency under this section

20 shall be not less than 100 percent of the total

21 amount the local educational agency was allocated

22 under this title (as in effect on the day preceding the

23 date of enactment of the Public Education Reinvest24 ment, Reinvention, and Responsibility Act) for fiscal

25 year 2000.
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•S 2254 IS

1 ‘‘(2) FISCAL YEAR 2002.—For fiscal year 2002,

2 notwithstanding subsection (a), the amount allocated

3 to each local educational agency under this section

4 shall be not less than 85 percent of the amount allo5 cated to the local educational agency under this sec6 tion for fiscal year 2001.

7 ‘‘(3) FISCAL YEARS 2003–2005.—For each of fis8 cal years 2003 through 2005, notwithstanding sub9 section (a), the amount allocated to each local edu10 cational agency under this section shall be not less

11 than 70 percent of the amount allocated to the local

12 educational agency under this section for the pre13 vious fiscal year.

14 ‘‘(c) RATABLE REDUCTIONS.—If the sums made

15 available under subsection (a)(3) for any fiscal year are

16 insufficient to pay the full amounts that all local edu17 cational agencies are eligible to receive under subsection

18 (b) for such year, the State educational agency shall rat19 ably reduce such amounts for such year.

20 ‘‘SEC. 2013. STATE PLANS.

21 ‘‘(a) PLAN REQUIRED.—

22 ‘‘(1) COMPREHENSIVE STATE PLAN.—The enti23 ty or agency responsible for teacher certification or

24 licensing under the laws of the State desiring a

25 grant under this part shall submit a State plan to
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•S 2254 IS

1 the Secretary at such time, in such manner, and ac2 companied by such information as the Secretary may

3 require. If the State educational agency is not the

4 entity or agency designated under the laws of the

5 State as responsible for teacher certification or li6 censing in the State, then the plan shall be devel7 oped in consultation with the State educational

8 agency. The entity or agency shall provide annual

9 evidence of such consultation to the Secretary.

10 ‘‘(2) CONSOLIDATED PLAN.—A State plan sub11 mitted under paragraph (1) may be submitted as

12 part of a consolidated plan under section 8302.

13 ‘‘(b) CONTENTS.—Each plan submitted under sub14 section (a) shall—

15 ‘‘(1) describe how the State is taking reasonable

16 steps to—

17 ‘‘(A) reform teacher certification, recertifi18 cation, or licensure requirements to ensure

19 that—

20 ‘‘(i) teachers have the necessary

21 teaching skills and academic content

22 knowledge in the academic subjects in

23 which the teachers are assigned to teach;
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•S 2254 IS

1 ‘‘(ii) such requirements are aligned

2 with the challenging State content stand3 ards;

4 ‘‘(iii) teachers have the knowledge and

5 skills necessary to help students meet the

6 challenging State student performance

7 standards;

8 ‘‘(iv) such requirements take into ac9 count the need, as determined by the

10 State, for greater access to, and participa11 tion in, the teaching profession by individ12 uals from historically underrepresented

13 groups; and

14 ‘‘(v) teachers have the necessary tech15 nological skills to integrate more effectively

16 technology in the teaching of content re17 quired by State and local standards in all

18 academic subjects in which the teachers

19 provide instruction;

20 ‘‘(B) develop and implement rigorous test21 ing procedures for teachers, as required in sec22 tion 2002(1)(A), to ensure that the teachers

23 have teaching skills and academic content

24 knowledge necessary to teach effectively the

25 content called for by State and local standards
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•S 2254 IS

1 in all academic subjects in which the teachers

2 provide instruction;

3 ‘‘(C) establish, expand, or improve alter4 native routes to State certification of teachers,

5 especially in the areas of mathematics and

6 science, for highly qualified individuals with a

7 baccalaureate degree, including mid-career pro8 fessionals form other occupations, paraprofes9 sionals, former military personnel, and recent

10 college or university graduates who have

11 records of academic distinction and who dem12 onstrate the potential to become highly effective

13 teachers;

14 ‘‘(D) reduce emergency teacher certifi15 cation;

16 ‘‘(E) develop and implement effective pro17 grams, and provide financial assistance, to as18 sist local educational agencies, elementary

19 schools, and secondary schools in effectively re20 cruiting and retaining fully qualified teachers

21 and principals, particularly in schools that have

22 the lowest proportion of fully qualified teachers

23 or the highest proportion of low-performing stu24 dents;
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•S 2254 IS

1 ‘‘(F) provide professional development pro2 grams that meet the requirements described in

3 section 2019;

4 ‘‘(G) provide programs that are designed

5 to assist new teachers during their first 3 years

6 of teaching, such as mentoring programs that—

7 ‘‘(i) provide mentoring to new teach8 ers from veteran teachers with expertise in

9 the same subject matter as the new teach10 ers are teaching;

11 ‘‘(ii) provide mentors time for activi12 ties such as coaching, observing, and as13 sisting teachers who are being mentored;

14 and

15 ‘‘(iii) use standards or assessments

16 that are consistent with the State’s student

17 performance standards and the require18 ments for professional development activi19 ties described in section 2019 in order to

20 guide the new teachers;

21 ‘‘(H) provide technical assistance to local

22 educational agencies in developing and imple23 menting activities described in section 2018;

24 and
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•S 2254 IS

1 ‘‘(I) ensure that programs in core aca2 demic subjects, particularly in mathematics and

3 science, will take into account the need for

4 greater access to, and participation in, such

5 core academic subjects by students from histori6 cally underrepresented groups, including fe7 males, minorities, individuals with limited

8 English proficiency, the economically disadvan9 taged, and individuals with disabilities, by in10 corporating pedagogical strategies and tech11 niques that meet such students’ educational

12 needs;

13 ‘‘(2) describe the activities for which assistance

14 is sought under the grant, and how such activities

15 will improve students’ academic achievement and

16 close academic achievement gaps of low-income, mi17 nority, and limited English proficient students;

18 ‘‘(3) describe how the State will establish an19 nual numerical performance objectives under section

20 2014 for improving the qualifications of teachers

21 and the professional development of teachers, prin22 cipals, and administrators;

23 ‘‘(4) contain an assurance that the State con24 sulted with local educational agencies, education-re25 lated community groups, nonprofit organizations,
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•S 2254 IS

1 parents, teachers, school administrators, local school

2 boards, institutions of higher education in the State,

3 and content specialists in establishing the perform4 ance objectives described in section 2014;

5 ‘‘(5) describe how the State will hold local edu6 cational agencies, elementary schools, and secondary

7 schools accountable for meeting the performance ob8 jectives described in section 2014 and for reporting

9 annually on the local educational agencies’ and

10 schools’ progress in meeting the performance objec11 tives;

12 ‘‘(6) describe how the State will ensure that a

13 local educational agency receiving a subgrant under

14 section 2012 will comply with the requirements of

15 this part;

16 ‘‘(7) provide an assurance that the State will

17 require each local educational agency, elementary

18 school, or secondary school receiving funds under

19 this part to report publicly the local educational

20 agency’s or school’s annual progress with respect to

21 the performance objectives described in section

22 2014; and

23 ‘‘(8) describe how the State will coordinate pro24 fessional development activities authorized under

25 this part with professional development activities
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•S 2254 IS

1 provided under other Federal, State, and local pro2 grams, including programs authorized under titles I

3 and III and, where appropriate, the Individuals with

4 Disabilities Education Act and the Carl D. Perkins

5 Vocational and Technical Education Act of 1998.

6 ‘‘(c) SECRETARY APPROVAL.—The Secretary shall,

7 using a peer review process, approve a State plan if the

8 plan meets the requirements of this section.

9 ‘‘(d) DURATION OF THE PLAN.—

10 ‘‘(1) IN GENERAL.—Each State plan shall—

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

12 the State’s participation under this part; and

13 ‘‘(B) be periodically reviewed and revised

14 by the State, as necessary, to reflect changes to

15 the State’s strategies and programs carried out

16 under this part.

17 ‘‘(2) ADDITIONAL INFORMATION.—If a State

18 receiving a grant under this part makes significant

19 changes to the State plan, such as the adoption of

20 new performance objectives, the State shall submit

21 information regarding the significant changes to the

22 Secretary.

23 ‘‘SEC. 2014. PERFORMANCE OBJECTIVES.

24 ‘‘(a) IN GENERAL.—Each State receiving a grant

25 under this part shall establish annual numerical perform-
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1 ance objectives with respect to progress in improving the

2 qualifications of teachers and the professional development

3 of teachers, principals, and administrators. For each an4 nual numerical performance objective established, the

5 State shall specify an incremental percentage increase for

6 the objective to be attained for each of the fiscal years

7 for which the State receives a grant under this part, rel8 ative to the preceding fiscal year.

9 ‘‘(b) REQUIRED OBJECTIVES.—At a minimum, the

10 annual numerical performance objectives described in sub11 section (a) shall include an incremental increase in the

12 percentage of—

13 ‘‘(1) classes in core academic subjects that are

14 being taught by fully qualified teachers;

15 ‘‘(2) new teachers and principals receiving pro16 fessional development support, including mentoring

17 for teachers, during the teachers’ first 3 years of

18 teaching;

19 ‘‘(3) teachers, principals, and administrators

20 participating in high quality professional develop21 ment programs that are consistent with section

22 2019; and

23 ‘‘(4) fully qualified teachers teaching in the

24 State, to ensure that all teachers teaching in such

25 State are fully qualified by December 31, 2005.
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•S 2254 IS

1 ‘‘(c) REQUIREMENT FOR FULLY QUALIFIED TEACH2 ERS.—Each State receiving a grant under this part shall

3 ensure that all public elementary school and secondary

4 school teachers in the State are fully qualified not later

5 than December 31, 2005.

6 ‘‘(d) ACCOUNTABILITY.—

7 ‘‘(1) IN GENERAL.—Each State receiving a

8 grant under this part shall be held accountable for—

9 ‘‘(A) meeting the State’s annual numerical

10 performance objectives; and

11 ‘‘(B) meeting the reporting requirements

12 described in section 4401.

13 ‘‘(2) SANCTIONS.—Any State that fails to meet

14 the requirement described in paragraph (1)(A) shall

15 be subject to sanctions under section 7001.

16 ‘‘(e) SPECIAL RULE.—Notwithstanding any other

17 provision of law, the provisions of subsection (c) shall not

18 supersede State laws governing public charter schools.

19 ‘‘(f) COORDINATION.—Each State that receives a

20 grant under this part and a grant under section 202 of

21 the Higher Education Act of 1965 shall coordinate the

22 activities the State carries out under such section 202 with

23 the activities the State carries out under this section.
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1 ‘‘SEC. 2015. OPTIONAL ACTIVITIES.

2 ‘‘Each State receiving a grant under section 2011(a)

3 may use the grant funds—

4 ‘‘(1) to develop and implement a system to

5 measure the effectiveness of specific professional de6 velopment programs and strategies;

7 ‘‘(2) to increase the portability of teacher pen8 sions and reciprocity of teaching certification or li9 censure among States, except that no reciprocity

10 agreement developed under this section may lead to

11 the weakening of any State teacher certification or

12 licensing requirement;

13 ‘‘(3) to develop or assist local educational agen14 cies in the development and utilization of proven, in15 novative strategies to deliver intensive professional

16 development programs that are cost effective and

17 easily accessible, such as programs offered through

18 the use of technology and distance learning;

19 ‘‘(4) to provide assistance to local educational

20 agencies for the development and implementation of

21 innovative professional development programs that

22 train teachers to use technology to improve teaching

23 and learning and that are consistent with the re24 quirements of section 2019;

25 ‘‘(5) to provide professional development to en26 able teachers to ensure that female students, minor-
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•S 2254 IS

1 ity students, limited English proficient students, stu2 dents with disabilities, and economically disadvan3 taged students have the full opportunity to achieve

4 challenging State content and performance stand5 ards in the core academic subjects;

6 ‘‘(6) to increase the number of women, minori7 ties, and individuals with disabilities who teach in

8 the State and who are fully qualified and provide in9 struction in core academic subjects in which such in10 dividuals are underrepresented; and

11 ‘‘(7) to increase the number of highly qualified

12 women, minorities, and individuals from other

13 underrepresented groups who are involved in the ad14 ministration of elementary schools and secondary

15 schools within the State.

16 ‘‘SEC. 2016. STATE ADMINISTRATIVE EXPENSES.

17 ‘‘Each State receiving a grant under section 2011(a)

18 may use not more than 5 percent of the amount set aside

19 in section 2012(a)(2) for the cost of—

20 ‘‘(1) planning and administering the activities

21 described in section 2013(b); and

22 ‘‘(2) making subgrants to local educational

23 agencies under section 2012.
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•S 2254 IS

1 ‘‘SEC. 2017. LOCAL PLANS.

2 ‘‘(a) IN GENERAL.—Each local educational agency

3 desiring a grant from the State under section 2012(a)(3)

4 shall submit a local plan to the State educational agency—

5 ‘‘(1) at such time, in such manner, and accom6 panied by such information as the State educational

7 agency may require; and

8 ‘‘(2) that describes how the local educational

9 agency will coordinate the activities for which assist10 ance is sought under this part with other programs

11 carried out under this Act, or other Acts, as appro12 priate.

13 ‘‘(b) LOCAL PLAN CONTENTS.—The local plan de14 scribed in subsection (a) shall, at a minimum—

15 ‘‘(1) describe how the local educational agency

16 will use the grant funds to meet the State perform17 ance objectives for teacher qualifications and profes18 sional development described in section 2014;

19 ‘‘(2) describe how the local educational agency

20 will hold elementary schools and secondary schools

21 accountable for meeting the requirements described

22 in this part;

23 ‘‘(3) contain an assurance that the local edu24 cational agency will target funds to elementary

25 schools and secondary schools served by the local

26 educational agency that—
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1 ‘‘(A) have the lowest proportion of fully

2 qualified teachers; and

3 ‘‘(B) are identified for school improvement

4 under section 1116;

5 ‘‘(4) describe how the local educational agency

6 will coordinate professional development activities

7 authorized under section 2018(a) with professional

8 development activities provided through other Fed9 eral, State, and local programs, including those au10 thorized under titles I and III and, where applicable,

11 the Individuals with Disabilities Education Act and

12 the Carl D. Perkins Vocational and Technical Edu13 cation Act of 1998; and

14 ‘‘(5) describe how the local educational agency

15 has collaborated with teachers, principals, parents,

16 and administrators in the preparation of the local

17 plan.

18 ‘‘SEC. 2018. LOCAL ACTIVITIES.

19 ‘‘(a) IN GENERAL.—Each local educational agency

20 receiving a grant under section 2012(a)(3) shall use the

21 grant funds to—

22 ‘‘(1) support professional development activities,

23 consistent with section 2019, for—

24 ‘‘(A) teachers, in at least the areas of

25 reading, mathematics, and science; and
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•S 2254 IS

1 ‘‘(B) teachers, principals, and administra2 tors in order to provide such individuals with

3 the knowledge and skills to provide all students,

4 including female students, minority students,

5 limited English proficient students, students

6 with disabilities, and economically disadvan7 taged students, with the opportunity to meet

8 challenging State content and student perform9 ance standards;

10 ‘‘(2) provide professional development to teach11 ers, principals, and administrators to enhance the

12 use of technology within elementary schools and sec13 ondary schools in order to deliver more effective cur14 ricula instruction;

15 ‘‘(3) recruit and retain fully qualified teachers

16 and highly qualified principals, particularly for ele17 mentary schools and secondary schools located in

18 areas with high percentages of low-performing stu19 dents and students from families below the poverty

20 line;

21 ‘‘(4) recruit and retain fully qualified teachers

22 and high quality principals to serve in the elemen23 tary schools and secondary schools with the highest

24 proportion of low-performing students, such as

25 through—
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1 ‘‘(A) mentoring programs for newly hired

2 teachers, including programs provided by mas3 ter teachers, and for newly hired principals; and

4 ‘‘(B) programs that provide other incen5 tives, including financial incentives, to retain—

6 ‘‘(i) teachers who have a record of

7 success in helping low-performing students

8 improve those students’ academic success;

9 and

10 ‘‘(ii) principals who have a record of

11 improving the performance of all students,

12 or significantly narrowing the gaps be13 tween minority students and nonminority

14 students, and economically disadvantaged

15 students and noneconomically disadvan16 taged students, within the elementary

17 schools or secondary schools served by the

18 principals; and

19 ‘‘(5) provide professional development that in20 corporates effective strategies, techniques, methods,

21 and practices for meeting the educational needs of

22 diverse groups of students, including female stu23 dents, minority students, students with disabilities,

24 limited English proficient students, and economically

25 disadvantaged students.
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1 ‘‘(b) OPTIONAL ACTIVITIES.—Each local educational

2 agency receiving a grant under section 2012(a)(3) may

3 use the subgrant funds—

4 ‘‘(1) to provide a signing bonus or other finan5 cial incentive, such as differential pay for—

6 ‘‘(A) a teacher to teach in an academic

7 subject for which there exists a shortage of fully

8 qualified teachers within the elementary school

9 or secondary school in which the teacher teach10 es or within the elementary schools and sec11 ondary schools served by the local educational

12 agency; or

13 ‘‘(B) a highly qualified principal in a

14 school in which there is a large percentage of

15 children—

16 ‘‘(i) from low-income families; or

17 ‘‘(ii) with high percentages of low-per18 formance scores on State assessments;

19 ‘‘(2) to establish programs that—

20 ‘‘(A) recruit professionals into teaching

21 from other fields and provide such professionals

22 with alternative routes to teacher certification,

23 especially in the areas of mathematics, science,

24 and English language arts; and
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1 ‘‘(B) provide increased teaching and ad2 ministration opportunities for fully qualified fe3 males, minorities, individuals with disabilities,

4 and other individuals underrepresented in the

5 teaching or school administration professions;

6 ‘‘(3) to establish programs and activities that

7 are designed to improve the quality of the teacher

8 and principal force, such as innovative professional

9 development programs (which may be provided

10 through partnerships, including partnerships with

11 institutions of higher education), and including pro12 grams that—

13 ‘‘(A) train teachers and principals to uti14 lize technology to improve teaching and learn15 ing; and

16 ‘‘(B) are consistent with the requirements

17 of section 2019;

18 ‘‘(4) to provide collaboratively designed per19 formance pay systems for teachers and principals

20 that encourage teachers and principals to work to21 gether to raise student performance;

22 ‘‘(5) to establish professional development pro23 grams that provide instruction in how to teach chil24 dren with different learning styles, particularly chil25 dren with disabilities and children with special learn-
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•S 2254 IS

1 ing needs (including children who are gifted and tal2 ented);

3 ‘‘(6) to establish professional development pro4 grams that provide instruction in how best to dis5 cipline children in the classroom, and to identify

6 early and appropriate interventions to help children

7 described in paragraph (5) learn;

8 ‘‘(7) to provide professional development pro9 grams that provide instruction in how to teach char10 acter education in a manner that—

11 ‘‘(A) reflects the values of parents, teach12 ers, and local communities; and

13 ‘‘(B) incorporates elements of good char14 acter, including honesty, citizenship, courage,

15 justice, respect, personal responsibility, and

16 trustworthiness;

17 ‘‘(8) to provide scholarships or other incentives

18 to assist teachers in attaining national board certifi19 cation;

20 ‘‘(9) to support activities designed to provide ef21 fective professional development for teachers of lim22 ited English proficient students; and

23 ‘‘(10) to establish other activities designed—
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•S 2254 IS

1 ‘‘(A) to improve professional development

2 for teachers, principals, and administrators that

3 are consistent with section 2019; and

4 ‘‘(B) to recruit and retain fully qualified

5 teachers and highly qualified principals.

6 ‘‘(c) ADMINISTRATIVE EXPENSES.—Each local edu7 cational agency receiving a grant under section 2012(a)(3)

8 may use not more than 1.5 percent of the grant funds

9 for any fiscal year for the cost of administering activities

10 under this part.

11 ‘‘SEC. 2019. PROFESSIONAL DEVELOPMENT FOR TEACHERS.

12 ‘‘(a) LIMITATION RELATING TO CURRICULUM AND

13 CONTENT AREAS.—

14 ‘‘(1) IN GENERAL.—Except as provided in para15 graph (2), a local educational agency may not use

16 grant funds allocated under section 2012(a)(3) to

17 support a professional development activity for a

18 teacher that is not—

19 ‘‘(A) directly related to the curriculum for

20 which and content areas in which the teacher

21 provides instruction; or

22 ‘‘(B) designed to enhance the ability of the

23 teacher to understand and use the State’s chal24 lenging content standards for the academic sub25 ject in which the teacher provides instruction.
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•S 2254 IS

1 ‘‘(2) EXCEPTION.—Paragraph (1) shall not

2 apply to professional development activities that pro3 vide instruction in methods of disciplining children.

4 ‘‘(b) PROFESSIONAL DEVELOPMENT ACTIVITY.—A

5 professional development activity carried out under this

6 part shall—

7 ‘‘(1) be measured, in terms of progress de8 scribed in section 2014(a), using the specific per9 formance indicators established by the State in ac10 cordance with section 2014;

11 ‘‘(2) be tied to challenging State or local con12 tent standards and student performance standards;

13 ‘‘(3) be tied to scientifically based research

14 demonstrating the effectiveness of such activities in

15 increasing student achievement or substantially in16 creasing the knowledge and teaching skills of teach17 ers;

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

19 (such as not to include 1-day or short-term work20 shops and conferences) to have a positive and lasting

21 impact on teachers’ performance in the classroom,

22 except that this paragraph shall not apply to an ac23 tivity that is 1 component described in a long-term

24 comprehensive professional development plan estab25 lished by a teacher and the teacher’s supervisor, and
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1 based upon an assessment of the needs of the teach2 er, the teacher’s students, and the local educational

3 agency;

4 ‘‘(5) be developed with extensive participation

5 of teachers, principals, parents, administrators, and

6 local school boards of elementary schools and sec7 ondary schools to be served under this part, and in8 stitutions of higher education in the State, and, with

9 respect to any professional development program de10 scribed in paragraph (6) or (7) of section 2018(b),

11 shall, if applicable, be developed with extensive co12 ordination with, and participation of, professionals

13 with expertise in such type of professional develop14 ment;

15 ‘‘(6) to the extent appropriate, provide training

16 for teachers regarding using technology and applying

17 technology effectively in the classroom to improve

18 teaching and learning concerning the curriculum and

19 academic content areas, in which those teachers pro20 vide instruction; and

21 ‘‘(7) be directly related to the content areas in

22 which the teachers provide instruction and the State

23 content standards.

24 ‘‘(c) ACCOUNTABILITY.—
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1 ‘‘(1) IN GENERAL.—A State shall notify a local

2 educational agency that the agency may be subject

3 to the action described in paragraph (3) if, after any

4 fiscal year, the State determines that the programs

5 or activities funded by the agency under this part

6 fail to meet the requirements of subsections (a) and

7 (b).

8 ‘‘(2) TECHNICAL ASSISTANCE.—A local edu9 cational agency that has received notification pursu10 ant to paragraph (1) may request technical assist11 ance from the State and an opportunity for such

12 local educational agency to comply with the require13 ments of subsections (a) and (b).

14 ‘‘(3) STATE EDUCATIONAL AGENCY ACTION.—If

15 a State educational agency determines that a local

16 educational agency failed to carry out the local edu17 cational agency’s responsibilities under this section,

18 the State educational agency shall take such action

19 as the agency determines to be necessary, consistent

20 with this section, to provide, or direct the local edu21 cational agency to provide, high-quality professional

22 development for teachers, principals, and adminis23 trators.
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1 ‘‘SEC. 2020. PARENTS’ RIGHT TO KNOW.

2 ‘‘Each local educational agency receiving a grant

3 under section 2012(a)(3) shall meet the reporting require4 ments with respect to teacher qualifications described in

5 section 4401(h).

6 ‘‘SEC. 2021. STATE REPORTS AND GAO STUDY.

7 ‘‘(a) STATE REPORTS.—Each State educational

8 agency receiving a grant under this part shall annually

9 provide a report to the Secretary describing—

10 ‘‘(1) the progress the State is making in in11 creasing the percentages of fully qualified teachers

12 in the State to ensure that all teachers are fully

13 qualified not later than December 31, 2005, includ14 ing information regarding—

15 ‘‘(A) the percentage increase over the pre16 vious fiscal year in the number of fully qualified

17 teachers teaching in elementary schools and

18 secondary schools served by local educational

19 agencies receiving funds under title I; and

20 ‘‘(B) the percentage increase over the pre21 vious fiscal year in the number of core classes

22 being taught by fully qualified teachers in ele23 mentary schools and secondary schools being

24 served under title I;

25 ‘‘(2) the activities undertaken by the State edu26 cational agency and local educational agencies in the
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•S 2254 IS

1 State to attract and retain fully qualified teachers,

2 especially in geographic areas and content subject

3 areas in which a shortage of such teachers exist; and

4 ‘‘(3) the approximate percentage of Federal,

5 State, local, and nongovernmental resources being

6 expended to carry out activities described in para7 graph (2).

8 ‘‘(b) GAO STUDY.—Not later than September 30,

9 2004, the Comptroller General of the United States shall

10 prepare and submit to the Committee on Education and

11 the Workforce of the House of Representatives and the

12 Committee on Health, Education, Labor, and Pensions of

13 the Senate a study setting forth information regarding the

14 progress of States’ compliance in increasing the percent15 age of fully qualified teachers, as defined in section

16 2002(1), for fiscal years 2000 through 2003.

17 ‘‘SEC. 2021. EDUCATOR PARTNERSHIP GRANTS.

18 ‘‘(a) SUBGRANTS.—

19 ‘‘(1) IN GENERAL.—A State receiving a grant

20 under section 2011(a) shall award subgrants, on a

21 competitive basis, from amounts made available

22 under section 2012(a)(1), to local educational agen23 cies, elementary schools, or secondary schools that

24 have formed educator partnerships, for the design

25 and implementation of programs that will enhance
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1 professional development opportunities for teachers,

2 principals, and administrators, and will increase the

3 number of fully qualified teachers.

4 ‘‘(2) ALLOCATIONS.—A State awarding sub5 grants under this subsection shall allocate the

6 subgrant funds on a competitive basis and in a man7 ner that results in an equitable distribution of the

8 subgrant funds by geographic areas within the

9 State.

10 ‘‘(3) ADMINISTRATIVE EXPENSES.—Each edu11 cator partnership receiving a subgrant under this

12 subsection may use not more than 5 percent of the

13 subgrant funds for any fiscal year for the cost of

14 planning and administering programs under this sec15 tion.

16 ‘‘(b) EDUCATOR PARTNERSHIPS.—An educator part17 nership described in subsection (a) includes a cooperative

18 arrangement between—

19 ‘‘(1) a public elementary school or secondary

20 school (including a charter school), or a local edu21 cational agency; and

22 ‘‘(2) 1 or more of the following:

23 ‘‘(A) An institution of higher education.

24 ‘‘(B) An educational service agency.
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1 ‘‘(C) A public or private not-for-profit edu2 cation organization.

3 ‘‘(D) A for-profit education organization.

4 ‘‘(E) An entity from outside the traditional

5 education arena, including a corporation or con6 sulting firm.

7 ‘‘(c) USE OF FUNDS.—An educator partnership re8 ceiving a subgrant under this section shall use the

9 subgrant funds for—

10 ‘‘(1) developing and enhancing of professional

11 development activities for teachers in core academic

12 subjects to ensure that the teachers have content

13 knowledge in the academic subjects in which the

14 teachers provide instruction;

15 ‘‘(2) developing and providing assistance to

16 local educational agencies and elementary schools

17 and secondary schools for sustained, high-quality

18 professional development activities for teachers, prin19 cipals, and administrators, that—

20 ‘‘(A) ensure that teachers, principals, and

21 administrators are able to use State content

22 standards, performance standards, and assess23 ments to improve instructional practices and

24 student achievement; and
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1 ‘‘(B) may include intensive programs de2 signed to prepare a teacher who participates in

3 such a program to provide professional develop4 ment instruction to other teachers within the

5 participating teacher’s school;

6 ‘‘(3) increasing the number of fully qualified

7 teachers available to provide high-quality education

8 to limited English proficient students by—

9 ‘‘(A) working with institutions of higher

10 education that offer degree programs, to attract

11 more people into such programs, and to prepare

12 better new, English language teachers to pro13 vide effective language instruction to limited

14 English proficient students; and

15 ‘‘(B) supporting development and imple16 mentation of professional development pro17 grams for language instruction teachers to im18 prove the language proficiency of limited

19 English proficient students;

20 ‘‘(4) developing and implementing professional

21 development activities for principals and administra22 tors to enable the principals and administrators to

23 be effective school leaders and to improve student

24 achievement on challenging State content and stu-
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1 dent performance standards, including professional

2 development relating to—

3 ‘‘(A) leadership skills;

4 ‘‘(B) recruitment, assignment, retention,

5 and evaluation of teachers and other staff;

6 ‘‘(C) effective instructional practices, in7 cluding the use of technology; and

8 ‘‘(D) parental and community involvement;

9 and

10 ‘‘(5) providing activities that enhance profes11 sional development opportunities for teachers, prin12 cipals, and administrators or will increase the num13 ber of fully qualified teachers.

14 ‘‘(d) APPLICATION REQUIRED.—Each educator part15 nership desiring a subgrant under this section shall submit

16 an application to the appropriate State educational agency

17 at such time, in such manner, and accompanied by such

18 information as the State educational agency may reason19 ably require.

20 ‘‘(e) COORDINATION.—Each educator partnership

21 that receives a subgrant under this section and a grant

22 under section 203 of the Higher Education Act of 1965

23 shall coordinate the activities carried out under such sec24 tion 203 with any related activities carried out under this

25 section.
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1 ‘‘SEC. 2023. AUTHORIZATION OF APPROPRIATIONS.

2 ‘‘There are authorized to be appropriated to carry out

3 this part $1,600,000,000 for fiscal year 2001 and such

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

5 fiscal years.

6 ‘‘PART B—CLASS SIZE REDUCTION

7 ‘‘SEC. 2031. FINDINGS.

8 ‘‘Congress makes the following findings:

9 ‘‘(1) Rigorous research has shown that students

10 attending small classes in the early grades make

11 more rapid educational gains than students in larger

12 classes, and that those gains persist through at least

13 the eighth grade.

14 ‘‘(2) The benefits of smaller classes are greatest

15 for lower-achieving, minority, poor, and inner-city

16 children, as demonstrated by a study that found that

17 urban fourth graders in smaller-than-average classes

were 3 18 ⁄4 of a school year ahead of their counterparts

19 in larger-than-average classes.

20 ‘‘(3) Teachers in small classes can provide stu21 dents with more individualized attention, spend more

22 time on instruction and less time on other tasks, and

23 cover more material effectively, and are better able

24 to work with parents to further their children’s edu25 cation, than teachers in large classes.
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1 ‘‘(4) Smaller classes allow teachers to identify

2 and work with students who have learning disabil3 ities sooner than is possible with larger classes, po4 tentially reducing those students’ needs for special

5 education services in the later grades.

6 ‘‘(5) The National Research Council report,

7 ‘Preventing Reading Difficulties in Young Children’,

8 recommends reducing class sizes, accompanied by

9 providing high-quality professional development for

10 teachers, as a strategy for improving student

11 achievement in reading.

12 ‘‘(6) Efforts to improve educational outcomes

13 by reducing class sizes in the early grades are likely

14 to be successful only if well-qualified teachers are

15 hired to fill additional classroom positions, and if

16 teachers receive intensive, ongoing professional de17 velopment.

18 ‘‘(7) Several States and school districts have

19 begun serious efforts to reduce class sizes in the

20 early elementary school grades, but those efforts

21 may be impeded by financial limitations or difficul22 ties in hiring highly qualified teachers.

23 ‘‘(8) The Federal Government can assist in

24 those efforts by providing funding for class size re25 ductions in grades 1 through 3, and by helping to
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1 ensure that both new and current teachers who are

2 moving into smaller classrooms are well prepared.

3 ‘‘SEC. 2032. PURPOSE.

4 ‘‘The purpose of this part is to help States and local

5 educational agencies recruit, train, and hire 100,000 addi6 tional teachers in order to—

7 ‘‘(1) reduce nationally class size in grades 1

8 through 3 to an average of 18 students per regular

9 classroom; and

10 ‘‘(2) improve teaching in the early elementary

11 school grades so that all students can learn to read

12 independently and well by the end of the third

13 grade.

14 ‘‘SEC. 2033. ALLOTMENTS TO STATES.

15 ‘‘(a) RESERVATIONS FOR THE OUTLYING AREAS AND

16 THE BUREAU OF INDIAN AFFAIRS.—From the amount

17 appropriated under section 2042 for any fiscal year, the

18 Secretary shall reserve a total of not more than 1 percent

19 to make payments to—

20 ‘‘(1) outlying areas, on the basis of their respec21 tive needs, for activities, approved by the Secretary,

22 consistent with this part; and

23 ‘‘(2) the Secretary of the Interior for activities

24 approved by the Secretary of Education, consistent

25 with this part, in schools operated or supported by
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1 the Bureau of Indian Affairs, on the basis of their

2 respective needs.

3 ‘‘(b) ALLOTMENTS TO STATES.—

4 ‘‘(1) IN GENERAL.—From the amount appro5 priated under section 2042 for a fiscal year and re6 maining after the Secretary makes reservations

7 under subsection (a), the Secretary shall make

8 grants by allotting to each State having a State ap9 plication approved under section 2034(c) an amount

10 that bears the same relationship to the remainder as

11 the greater of the amounts that the State received

12 in the preceding fiscal year under sections 1122 and

13 2202(b) (as such sections were in effect on the day

14 preceding the date of enactment of the Public Edu15 cation Reinvestment, Reinvention, and Rededication

16 Act) bears to the total of the greater amounts that

17 all States received under such sections for the pre18 ceding fiscal year.

19 ‘‘(2) RATABLE REDUCTION.—If the sums made

20 available under paragraph (1) for any fiscal year are

21 insufficient to pay the full amounts that all States

22 are eligible to receive under paragraph (1) for such

23 year, the Secretary shall ratably reduce such

24 amounts for such year.
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1 ‘‘(3) REALLOTMENT.—If any State chooses not

2 to participate in the program carried out under this

3 part, or fails to submit an approvable application

4 under this part, the Secretary shall reallot the

5 amount that such State would have received under

6 paragraphs (1) and (2) to States having applications

7 approved under section 2034(c), in accordance with

8 paragraphs (1) and (2).

9 ‘‘SEC. 2034. APPLICATIONS.

10 ‘‘(a) APPLICATIONS REQUIRED.—The State edu11 cational agency for each State desiring a grant under this

12 part shall submit an application to the Secretary at such

13 time, in such form, and containing such information as

14 the Secretary may require.

15 ‘‘(b) CONTENTS.—The application shall include—

16 ‘‘(1) a description of the State’s goals for using

17 funds under this part to reduce average class sizes

18 in regular classrooms in grades 1 through 3, includ19 ing a description of class sizes in those classrooms,

20 for each local educational agency in the State (as of

21 the date of submission of the application);

22 ‘‘(2) a description of how the State educational

23 agency will allocate program funds made available

24 through the grant within the State;
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1 ‘‘(3) a description of how the State will use

2 other funds, including other Federal funds, to re3 duce class sizes and to improve teacher quality and

4 reading achievement within the State; and

5 ‘‘(4) an assurance that the State educational

6 agency will submit to the Secretary such reports and

7 information as the Secretary may reasonably re8 quire.

9 ‘‘(c) APPROVAL OF APPLICATIONS.—The Secretary

10 shall approve a State application submitted under this sec11 tion if the application meets the requirements of this sec12 tion and holds reasonable promise of achieving the purpose

13 of this part.

14 ‘‘SEC. 2035. WITHIN-STATE ALLOCATIONS.

15 ‘‘(a) ALLOCATIONS TO LOCAL EDUCATIONAL AGEN16 CIES.—Each State receiving a grant under this part for

17 any fiscal year may reserve not more than 1 percent of

18 the grant funds for the cost of administering this part

19 and, using the remaining funds, shall make subgrants by

20 allocating to each local educational agency in the State

21 the sum of—

22 ‘‘(1) an amount that bears the same relation23 ship to 80 percent of the remainder as the school24 age population from families with incomes below the

25 poverty line in the area served by the local edu-
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1 cational agency bears to the school-age population

2 from families with incomes below the poverty line in

3 the area served by all local educational agencies in

4 the State; and

5 ‘‘(2) an amount that bears the same relation6 ship to 20 percent of the remainder as the enroll7 ment of the school-age population in public and pri8 vate nonprofit elementary schools and secondary

9 schools in the area served by the local educational

10 agency bears to the enrollment of the school-age

11 population in public and private nonprofit elemen12 tary schools and secondary schools in the area

13 served by all local educational agencies in the State.

14 ‘‘(b) REALLOCATION.—If any local educational agen15 cy chooses not to participate in the program carried out

16 under this part, or fails to submit an approvable applica17 tion under this part, the State educational agency shall

18 reallocate the amount such local educational agency would

19 have received under subsection (a) to local educational

20 agencies having applications approved under section

21 2036(b), in accordance with subsection (a).

22 ‘‘SEC. 2036. LOCAL APPLICATIONS.

23 ‘‘(a) IN GENERAL.—Each local educational agency

24 desiring a subgrant under section 2035(a) shall submit an

25 application to the appropriate State educational agency at
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1 such time, in such form, and containing such information

2 as the State educational agency may require, including a

3 description of the local educational agency’s program to

4 reduce class sizes by hiring additional highly qualified

5 teachers.

6 ‘‘(b) APPROVAL OF APPLICATIONS.—The State edu7 cational agency shall approve a local agency application

8 submitted under subsection (a) if the application meets

9 the requirements of subsection (a) and holds reasonable

10 promise of achieving the purpose of this part.

11 ‘‘SEC. 2037. USES OF FUNDS.

12 ‘‘(a) ADMINISTRATIVE EXPENSES.—Each local edu13 cational agency receiving a subgrant under section

14 2035(a) may use not more than 3 percent of the subgrant

15 funds for any fiscal year for the cost of administering this

16 part.

17 ‘‘(b) RECRUITMENT, TEACHER TESTING, AND PRO18 FESSIONAL DEVELOPMENT.—

19 ‘‘(1) IN GENERAL.—Each local educational

20 agency receiving subgrant funds under this section

21 shall use such subgrant funds to carry out effective

22 approaches to reducing class size with fully qualified

23 teachers who are certified within the State (includ24 ing teachers certified through State or local alter25 native routes) and who demonstrate competency in
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1 the areas in which the teachers provide instruction,

2 to improve educational achievement for both regular

3 and special needs children, with particular consider4 ation given to reducing class size in the early ele5 mentary grades.

6 ‘‘(2) LOCAL ACTIVITIES.—

7 ‘‘(A) IN GENERAL.—Each local educational

8 agency receiving subgrant funds under this sec9 tion may use such subgrant funds for—

10 ‘‘(i) recruiting (including through the

11 use of signing bonuses, and other financial

12 incentives), hiring, and training fully quali13 fied regular and special education teachers

14 (which may include hiring special edu15 cation teachers to team-teach with regular

16 teachers in classrooms that contain both

17 children with disabilities and non-disabled

18 children) and teachers of special-needs

19 children, who are certified within the

20 State, including teachers who are certified

21 through State or local alternative routes,

22 have a bachelor’s degree, and demonstrate

23 the general knowledge, teaching skills, and

24 subject matter knowledge required to teach
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1 in the content areas in which the teachers

2 provide instruction;

3 ‘‘(ii) testing new teachers for aca4 demic content knowledge and satisfaction

5 of State certification requirements con6 sistent with title II of the Higher Edu7 cation Act of 1965; and

8 ‘‘(iii) providing professional develop9 ment (which may include such activities as

10 promoting retention and mentoring) to

11 teachers, including special education teach12 ers and teachers of special-needs children,

13 in order to meet the goal of ensuring that

14 all instructional staff have the subject mat15 ter knowledge, teaching knowledge, and

16 teaching skills necessary to teach effec17 tively in the content area or areas in which

18 they provide instruction, consistent with

19 title II of the Higher Education Act of

20 1965.

21 ‘‘(B) LIMITATIONS.—

22 ‘‘(i) IN GENERAL.—Except as pro23 vided in clause (ii), a local educational

24 agency may use not more than a total of

25 25 percent of the award received under
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1 this section for activities described in sub2 paragraph (A)(ii) and (iii).

3 ‘‘(ii) ED-FLEX.—

4 ‘‘(I) WAIVER.—A local edu5 cational agency located in a State des6 ignated as an Ed-Flex Partnership

7 State under section 4(a)(1)(B) of the

8 Education Flexibility Partnership Act

9 of 1999, and in which 10 percent or

10 more of teachers in elementary

11 schools, as defined by section

12 8101(14), have not met applicable

13 State and local certification require14 ments (including certification through

15 State or local alternative routes), or if

16 such requirements have been waived,

17 may apply to the State educational

18 agency for a waiver that would permit

19 the agency to use more than 25 per20 cent of the funds it receives under this

21 section for activities described in sub22 paragraph (A)(iii) for the purpose of

23 helping teachers to become certified.

24 ‘‘(II) APPROVAL.—If the State

25 educational agency approves the local
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1 educational agency’s application for a

2 waiver under subclause (I), the local

3 educational agency may use the funds

4 subject to the waiver for activities de5 scribed in subparagraph (A)(iii) that

6 are needed to ensure that at least 90

7 percent of the teachers in elementary

8 schools within the State are certified.

9 ‘‘(C) ADDITIONAL USES.—

10 ‘‘(i) IN GENERAL.—A local edu11 cational agency that has already reduced

12 class size in the early grades to 18 or less

13 children (or has already reduced class size

14 to a State or local class size reduction goal

15 that was in effect on the day before the en16 actment of the Department of Education

17 Appropriations Act, 2000, if that State or

18 local educational agency goal is 20 or

19 fewer children) may use funds received

20 under this section—

21 ‘‘(I) to make further class size

22 reductions in grades kindergarten

23 through 3;

24 ‘‘(II) to reduce class size in other

25 grades; or
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1 ‘‘(III) to carry out activities to

2 improve teacher quality, including

3 professional development.

4 ‘‘(ii) PROFESSIONAL DEVELOP5 MENT.—If a local educational agency has

6 already reduced class size in the early

7 grades to 18 or fewer children and intends

8 to use funds provided under this Part to

9 carry out professional development activi10 ties, including activities to improve teacher

11 quality, then the State shall make the

12 award under section 2035 to the local edu13 cational agency.

14 ‘‘(c) SPECIAL RULE.—Notwithstanding subsection

15 (b), if the award to a local educational agency under sec16 tion 2035 is less than the starting salary for a new fully

17 qualified teacher teaching in a school served by that agen18 cy, and such teacher is certified within the State (which

19 may include certification through State or local alternative

20 routes), has a bachelor’s degree, and demonstrates the

21 general knowledge, teaching skills, and subject matter

22 knowledge required to teach in the content areas the

23 teacher is assigned to provide instruction, then the agency

24 may use grant funds under this part to—
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1 ‘‘(1) help pay the salary of a full- or part-time

2 teacher hired to reduce class size, which may be in

3 combination with other Federal, State, or local

4 funds; or

5 ‘‘(2) pay for activities described in subsection

6 (b), which may be related to teaching in smaller

7 classes.

8 ‘‘SEC. 2038. PRIVATE SCHOOLS.

9 ‘‘If a local educational agency uses funds made avail10 able under this Part for professional development activi11 ties, the local educational agency shall ensure the equitable

12 participation of private nonprofit elementary schools and

13 secondary schools in such activities.

14 ‘‘SEC. 2039. TEACHER SALARIES AND BENEFITS.

15 ‘‘ A local educational agency may use grant funds

16 provided under this part—

17 ‘‘(1) except as provided in paragraph (2), to in18 crease the salaries of, or provide benefits (other than

19 participation in professional development and enrich20 ment programs) to, teachers only if such teachers

21 were hired under this part; and

22 ‘‘(2) to pay the salaries of teachers hired under

23 section 307 of the Department of Education Appro24 priations Act of 1999 who, not later than the begin-
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1 ning of the 2001-2002 school year, are fully quali2 fied, as defined in section 2002(1).

3 ‘‘SEC. 2040. STATE REPORT REQUIREMENTS.

4 ‘‘(a) REPORT ON ACTIVITIES.—A State educational

5 agency receiving funds under this part shall submit a re6 port to the Secretary providing information about the ac7 tivities in the State assisted under this part.

8 ‘‘(b) REPORT TO PARENTS.—Each State educational

9 agency and local educational agency receiving funds under

10 this part shall publicly issue a report to parents of children

11 who attend schools assisted under this part describing—

12 ‘‘(1) the agency’s progress in reducing class

13 size;

14 ‘‘(2) the agency’s progress in increasing the

15 percentage of classes in core academic areas that are

16 taught by fully qualified teachers who are certified

17 within the State and demonstrate competency in the

18 content areas in which the teachers provide instruc19 tion; and

20 ‘‘(3) the impact, if any, that hiring additional

21 highly qualified teachers and reducing class size has

22 had on increasing student academic achievement in

23 schools served by the agency.

24 ‘‘(c) PROFESSIONAL QUALIFICATIONS REPORT.—

25 Upon the request of a parent of a child attending a school
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1 receiving assistance under this part, such school shall pro2 vide the parent with information regarding the profes3 sional qualifications of their child’s teacher.

4 ‘‘SEC. 2041. SUPPLEMENT NOT SUPPLANT.

5 ‘‘Each local educational agency receiving grant funds

6 under this part shall use such funds only to supplement,

7 and not to supplant, State and local funds that, in the

8 absence of such funds, would otherwise be spent for activi9 ties under this part.

10 ‘‘SEC. 2042. AUTHORIZATION OF APPROPRIATIONS.

11 ‘‘For the purpose of carrying out this part, there are

12 authorized to be appropriated $1,400,000,000 for fiscal

13 year 2001, and such sums as may be necessary for each

14 of the 4 succeeding fiscal years.’’.

15 TITLE III—LANGUAGE MINORITY

16 STUDENTS AND INDIAN, NA17 TIVE HAWAIIAN, AND ALASKA

18 NATIVE EDUCATION

19 SEC. 301. LANGUAGE MINORITY STUDENTS.

20 Title III (20 U.S.C. 6801 et seq.) is amended—

21 (1) by amending the heading for title III to

22 read as follows:
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1 ‘‘TITLE III—LANGUAGE MINOR2 ITY STUDENTS AND INDIAN,

3 NATIVE HAWAIIAN, AND ALAS4 KA NATIVE EDUCATION’’;

5 (2) by repealing section 3101 (20 U.S.C. 6801)

6 and part A (20 U.S.C. 6811 et seq.); and

7 (3) by inserting after the heading for title III

8 (as amended by paragraph (1)) the following:

9 ‘‘Subtitle A—Language Minority

10 Students

11 ‘‘SEC. 3101. FINDINGS, POLICY, AND PURPOSE.

12 ‘‘(a) FINDINGS.—Congress makes the following find13 ings:

14 ‘‘(1)(A) Educating limited English proficient

15 students is an urgent goal for many local edu16 cational agencies, but that goal is not being

17 achieved.

18 ‘‘(B) Each year, 640,000 limited English pro19 ficient students are not served by any sort of pro20 gram targeted to the students’ unique needs.

21 ‘‘(C) In 1998, only 15 percent of local edu22 cational agencies that applied for funding under en23 hancement grants and comprehensive school grants

24 received such funding.
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1 ‘‘(2)(A) The school dropout rate for Hispanic

2 students, the largest group of limited English pro3 ficient students, is approximately 25 percent, and is

4 approximately 46 percent for Hispanic students born

5 outside of the United States.

6 ‘‘(B) A United States Department of Education

7 report regarding school dropout rates states that

8 language difficulty ‘may be a barrier to participation

9 in United States schools’.

10 ‘‘(C) Reading ability is a key predictor of grad11 uation and academic success.

12 ‘‘(3) Through fiscal year 1999, bilingual edu13 cation capacity and demonstration grants—

14 ‘‘(A) have spread funding too broadly to

15 make an impact on language instruction edu16 cational programs implemented by State edu17 cational agencies and local educational agencies;

18 and

19 ‘‘(B) have lacked concrete performance

20 measures.

21 ‘‘(4)(A) Since 1979, the number of limited

22 English proficient children in schools in the United

23 States has doubled, and demographic trends indicate

24 the population of limited English proficient children

25 will continue to increase.
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1 ‘‘(B) Language-minority Americans speak vir2 tually all world languages plus many that are indige3 nous to the United States.

4 ‘‘(C) The rich linguistic diversity language-mi5 nority students bring to America’s classrooms en6 hances the learning environment for all students and

7 should be valued for the significant, positive impact

8 such diversity has on the entire school environment.

9 ‘‘(D) Parent and community participation in

10 educational language programs for limited English

11 proficient students contributes to program effective12 ness.

13 ‘‘(E) The Federal Government, as reflected in

14 title VI of the Civil Rights Act of 1964 (42 U.S.C.

15 2000d et seq.) and section 204(f) of the Equal Edu16 cation Opportunities Act of 1974 (20 U.S.C. 1703),

17 has a special and continuing obligation to ensure

18 that States and local educational agencies take ap19 propriate action to provide equal educational oppor20 tunities to limited English proficient children and

21 youth.

22 ‘‘(F) The Federal Government also, as exempli23 fied by programs authorized under this title, has a

24 special and continuing obligation to assist States

25 and local educational agencies to develop the capac-
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1 ity to provide programs of instruction that offer lim2 ited English proficient children and youth equal edu3 cational opportunities.

4 ‘‘(5) Limited English proficient children and

5 youth face a number of challenges in receiving an

6 education that will enable them to participate fully

7 in American society, including—

8 ‘‘(A) disproportionate attendance in high9 poverty schools, as demonstrated by the fact

10 that, in 1994, 75 percent of limited English

11 proficient students attended schools in which as

12 least half of all students were eligible for free

13 or reduced-price meals;

14 ‘‘(B) the limited ability of parents of such

15 children and youth to participate fully in the

16 education of their children because of the par17 ents’ own limited English proficiency;

18 ‘‘(C) a shortage of teachers and other staff

19 who are professionally trained and qualified to

20 serve such children and youth; and

21 ‘‘(D) lack of appropriate performance and

22 assessment standards that distinguish between

23 language and academic achievement so that

24 there is equal accountability on the part of

25 State educational agencies and local educational
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1 agencies for the achievement of limited English

2 proficient students in academic content while

3 acquiring English language skills.

4 ‘‘(b) POLICY.—Congress declares it to be the policy

5 of the United States that in order to ensure equal edu6 cational opportunity for all children and youth, and to pro7 mote educational excellence, the Federal Government

8 should—

9 ‘‘(1) assist State educational agencies, local

10 educational agencies, and community-based organi11 zations to build their capacity to establish, imple12 ment, and sustain programs of instruction and

13 English language development for children and

14 youth of limited English proficiency;

15 ‘‘(2) hold State educational agencies and local

16 educational agencies accountable for increases in

17 English proficiency and core content knowledge

18 among limited English proficient students; and

19 ‘‘(3) promote parental and community partici20 pation in limited English proficiency programs.

21 ‘‘(c) PURPOSE.—The purpose of this subtitle is to as22 sist all limited English proficient students so that those

23 students can meet or exceed the State proficient standard

24 level for academic performance in core subject areas ex-
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1 pected of all elementary school and secondary school stu2 dents, and succeed in our Nation’s society, by—

3 ‘‘(1) streamlining existing language instruction

4 programs into a performance-based grant for State

5 and local educational agencies to help limited

6 English proficient students become proficient in

7 English;

8 ‘‘(2) increasing significantly the amount of Fed9 eral assistance to local educational agencies serving

10 such students while requiring that State educational

11 agencies and local educational agencies demonstrate

12 annual improvements in the English proficiency of

13 such students from the preceding fiscal year; and

14 ‘‘(3) providing State educational agencies and

15 local educational agencies with the flexibility to im16 plement instructional programs based on scientific

17 research that the agencies believe to be the most ef18 fective for teaching English.

19 ‘‘SEC. 3102. DEFINITIONS.

20 ‘‘Except as otherwise provided, for purposes of this

21 subtitle:

22 ‘‘(1) LIMITED ENGLISH PROFICIENT STU23 DENT.—The term ‘limited English proficient stu24 dent’ means an individual aged 5 through 17 en25 rolled in an elementary school or secondary school—
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1 ‘‘(A) who—

2 ‘‘(i) was not born in the United States

3 or whose native language is a language

4 other than English; or

5 ‘‘(ii) is a Native American or Alaska

6 Native, or who is a native resident of the

7 outlying areas and comes from an environ8 ment where a language other than English

9 has had a significant impact on such indi10 vidual’s level of English language pro11 ficiency; or

12 ‘‘(iii) is migratory and whose native

13 language is other than English, and who

14 comes from an environment where a lan15 guage other than English is dominant; and

16 ‘‘(B) who has sufficient difficulty speaking,

17 reading, writing, or understanding the English

18 language, and whose difficulties may deny such

19 individual the opportunity to learn successfully

20 in classrooms where the language of instruction

21 is English or to participate fully in our society.

22 ‘‘(2) LANGUAGE INSTRUCTION EDUCATIONAL

23 PROGRAM.—The term ‘language instruction edu24 cational program’ means an instructional course in

25 which a limited English proficient student is placed
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1 for the purpose of becoming proficient in the

2 English language.

3 ‘‘(3) SPECIALLY QUALIFIED AGENCY.—The

4 term ‘specially qualified agency’ means a local edu5 cational agency in a State that does not participate

6 in a program under this subtitle for a fiscal year.

7 ‘‘(4) STATE.—The term ‘State’ means each of

8 the several States of the United States, the District

9 of Columbia, and the Commonwealth of Puerto Rico.

10 ‘‘SEC. 3103. PROGRAM AUTHORIZED.

11 ‘‘(a) GRANTS AUTHORIZED.—The Secretary shall

12 award grants, from allotments under subsection (b), to

13 each State having a State plan approved under section

14 3105(c), to enable the State to help limited English pro15 ficient students become proficient in English.

16 ‘‘(b) RESERVATIONS AND ALLOTMENTS.—

17 ‘‘(1) RESERVATIONS.—From the amount appro18 priated under section 3110 to carry out this subtitle

19 for each fiscal year, the Secretary shall reserve—

‘‘(A) 1 20 ⁄2 of 1 percent of such amount for

21 payments to the Secretary of the Interior for

22 activities approved by the Secretary, consistent

23 with this subtitle, in schools operated or sup24 ported by the Bureau of Indian Affairs, on the
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1 basis of their respective needs for assistance

2 under this subtitle; and

‘‘(B) 1 3 ⁄2 of 1 percent of such amount for

4 payments to outlying areas, to be allotted in ac5 cordance with their respective needs as deter6 mined by the Secretary, for activities, approved

7 by the Secretary, consistent with this subtitle.

8 ‘‘(2) STATE ALLOTMENTS.—From the amount

9 appropriated under section 3110 for any of the fiscal

10 years 2001 through 2005 that remains after making

11 reservations under paragraph (1), the Secretary

12 shall allot to each State having a State plan ap13 proved under section 3105(c) an amount that bears

14 the same relationship to the remainder as the num15 ber of limited English proficient students in the

16 State bears to the number of limited English pro17 ficient students in all States.

18 ‘‘(3) DATA.—For the purpose of determining

19 the number of limited English proficient students in

20 a State and in all States for each fiscal year, the

21 Secretary shall use data that will yield the most ac22 curate, up-to-date, numbers of such students,

23 including—

24 ‘‘(A) data available from the Bureau of the

25 Census; or
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1 ‘‘(B) data submitted to the Secretary by

2 the States to determine the number of limited

3 English proficient students in a State and in all

4 States.

5 ‘‘(4) HOLD-HARMLESS AMOUNTS.—For fiscal

6 year 2001, and for each of the 4 succeeding fiscal

7 years, notwithstanding paragraph (2), the total

8 amount allotted to each State under this subsection

9 shall be not less than 85 percent of the total amount

10 the State was allotted under parts A and B of title

11 VII (as such title was in effect on the day preceding

12 the date of enactment of the Public Education Rein13 vestment, Reinvention, and Responsibility Act).

14 ‘‘(c) DIRECT AWARDS TO SPECIALLY QUALIFIED

15 AGENCIES.—

16 ‘‘(1) NONPARTICIPATING STATE.—If a State

17 educational agency for a fiscal year elects not to par18 ticipate in a program under this subtitle, or does not

19 have an application approved under section 3105(c),

20 a specially qualified agency in such State desiring a

21 grant under this subtitle for the fiscal year shall

22 apply directly to the Secretary to receive a grant

23 under this subsection.

24 ‘‘(2) DIRECT AWARDS.—The Secretary may

25 award, on a competitive basis, the amount the State
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1 educational agency is eligible to receive under sub2 section (b)(2) directly to specially qualified agencies

3 in the State desiring a grant under paragraph (1)

4 and having an application approved under section

5 3105(c).

6 ‘‘(3) ADMINISTRATIVE FUNDS.—A specially

7 qualified agency that receives a direct grant under

8 this subsection may use not more than 1 percent of

9 the grant funds for the administrative costs of car10 rying out this subtitle in the first year the agency

11 receives a grant under this subsection and 0.5 per12 cent for such costs in the second and each suc13 ceeding such year.

14 ‘‘SEC. 3104. WITHIN-STATE ALLOCATIONS.

15 ‘‘(a) GRANT AWARDS.—Each State educational agen16 cy receiving a grant under section 3103(a) shall use 95

17 percent of the grant funds to award subgrants, from allot18 ments under subsection (b), to local educational agencies

19 in the State to carry out the activities described in section

20 3107.

21 ‘‘(b) ALLOTMENT FORMULA.—Each State edu22 cational agency receiving a grant under this subtitle shall

23 award a grant to each local educational agency in the

24 State having a plan approved under section 3106 in an

25 amount that bears the same relationship to the amount
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1 of funds appropriated under section 3110 as the school2 age population of limited English proficient students in

3 schools served by the local educational agency bears to the

4 school-age population of limited English proficient stu5 dents in schools served by all local educational agencies

6 in the State.

7 ‘‘(c) RESERVATIONS.—

8 ‘‘(1) STATE ACTIVITIES.—Each State edu9 cational agency receiving a grant under this subtitle

10 may reserve not more than 5 percent of the grant

11 funds to carry out activities described in the State

12 plan submitted under section 3105.

13 ‘‘(2) ADMINISTRATIVE EXPENSES.—From the

14 amount reserved under paragraph (1), a State edu15 cational agency may use not more than 2 percent for

16 the planning costs and administrative costs of car17 rying out the activities described in the State plan

18 and providing grants to local educational agencies.

19 ‘‘SEC. 3105. STATE AND SPECIALLY QUALIFIED AGENCY

20 PLAN.

21 ‘‘(a) PLAN REQUIRED.—Each State educational

22 agency and specially qualified agency desiring a grant

23 under this subtitle shall submit a plan to the Secretary

24 at such time, in such manner and accompanied by such

25 information as the Secretary may require.
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1 ‘‘(b) CONTENTS.—Each State plan submitted under

2 subsection (a) shall—

3 ‘‘(1) describe how the State or specially quali4 fied agency will—

5 ‘‘(A) establish standards and benchmarks

6 for English language development that are

7 aligned with the State content and student per8 formance standards described in section 1111;

9 ‘‘(B) develop high-quality, annual assess10 ments to measure English language proficiency,

11 including proficiency in the 4 recognized do12 mains of speaking, listening, reading, and writ13 ing; and

14 ‘‘(C) develop annual performance objec15 tives, based on the English language develop16 ment standards described in subparagraph (A),

17 to raise the level of English proficiency of each

18 limited English proficient student;

19 ‘‘(2) contain an assurance that the State edu20 cational agency or specially qualified agency con21 sulted with local educational agencies, education-re22 lated community groups and nonprofit organizations,

23 parents, teachers, school administrators, and

24 English language instruction specialists, in the set25 ting of the performance objectives;
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1 ‘‘(3) describe how—

2 ‘‘(A) in the case of a State educational

3 agency, the State educational agency will hold

4 local educational agencies and elementary

5 schools and secondary schools accountable for—

6 ‘‘(i) meeting the English proficiency

7 performance objectives described in section

8 3109; and

9 ‘‘(ii) making adequate yearly progress

10 with limited English proficient students in

11 the subject areas of core content knowl12 edge as described in section 1111; and

13 ‘‘(B) in the case of a specially qualified

14 agency, the agency will hold elementary schools

15 and secondary schools accountable for meeting

16 the English proficiency performance objectives

17 described in section 3109, and making adequate

18 yearly progress, including annual numerical

19 goals for improving the performance of limited

20 English proficient students on performance

21 standards described in section

22 1111(b)(1)(D)(ii);

23 ‘‘(4) describe the activities for which assistance

24 is sought, and how the activities will increase the
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1 speed and effectiveness with which students learn

2 English;

3 ‘‘(5) in the case of a State educational agency,

4 describe how local educational agencies in the State

5 will be given the flexibility to teach English—

6 ‘‘(A) using language instruction curriculum

7 that is scientifically research based; and

8 ‘‘(B) in the manner the local educational

9 agencies determine to be the most effective; and

10 ‘‘(6) describe how—

11 ‘‘(A) in the case of a State educational

12 agency, the State educational agency will pro13 vide technical assistance to local educational

14 agencies and elementary schools and secondary

15 schools for the purposes of identifying and im16 plementing English language instruction edu17 cational programs and curricula that are sci18 entifically research based; and

19 ‘‘(B) in the case of a specially qualified

20 agency, the specially qualified agency will pro21 vide technical assistance to elementary schools

22 and secondary schools served by the specially

23 qualified agency for the purposes of identifying

24 and implementing English language instruction
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1 educational programs and curricula that are

2 scientifically research based.

3 ‘‘(c) APPROVAL.—The Secretary, using a peer review

4 process, shall approve a State plan or a specially qualified

5 agency plan if the plan meets the requirements of this sec6 tion, and holds reasonable promise of achieving the pur7 pose described in section 3101(c).

8 ‘‘(d) DURATION OF THE PLAN.—

9 ‘‘(1) IN GENERAL.—Each State plan or spe10 cially qualified agency plan shall—

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

12 the State’s or specially qualified agency’s par13 ticipation under this subtitle; and;

14 ‘‘(B) be periodically reviewed and revised

15 by the State or specially qualified agency, as

16 necessary, to reflect changes in the State’s or

17 specially qualified agency’s strategies and pro18 grams under this subtitle.

19 ‘‘(2) ADDITIONAL INFORMATION.—If the State

20 educational agency or specially qualified agency

21 makes significant changes in its plan, such as the

22 adoption of new performance objectives or assess23 ment measures, the State educational agency or spe24 cially qualified agency shall submit such information

25 to the Secretary.
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1 ‘‘(e) CONSOLIDATED PLAN.—A State plan submitted

2 under subsection (a) may be submitted as part of a con3 solidated plan under section 8302.

4 ‘‘(f) SECRETARY ASSISTANCE.—Pursuant to section

5 7004(a)(3), the Secretary shall provide assistance, if re6 quired, in the development of English language develop7 ment standards and English language proficiency assess8 ments.

9 ‘‘SEC. 3106. LOCAL PLANS.

10 ‘‘(a) PLAN REQUIRED.—Each local educational agen11 cy desiring a grant from the State educational agency

12 under section 3104(a) shall submit a plan to the State

13 educational agency at such time, in such manner, and ac14 companied by such information as the State educational

15 agency may require.

16 ‘‘(b) CONTENTS.—Each local educational agency plan

17 submitted under subsection (a) shall—

18 ‘‘(1) describe how the local educational agency

19 shall use the grant funds to meet the English pro20 ficiency performance objective described in section

21 3109;

22 ‘‘(2) describe how the local educational agency

23 will hold elementary schools and secondary schools

24 accountable for meeting the performance objectives;
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1 ‘‘(3) contain an assurance that the local edu2 cational agency consulted with elementary schools

3 and secondary schools, education-related community

4 groups and nonprofit organizations, institutions of

5 higher education, parents, language instruction

6 teachers, school administrators, and English lan7 guage instruction specialists, in developing the local

8 educational agency plan; and

9 ‘‘(4) contain an assurance that the local edu10 cational agency will use the disaggregated results of

11 the student assessments required under section

12 1111(b)(4), and other measures or indicators avail13 able to the agency, to review annually the progress

14 of each school served by the agency under this part

15 and under title I to determine whether the schools

16 are making the annual progress necessary to ensure

17 that limited English proficient students attending

18 the schools will meet the proficient State content

19 and student performance standard within 10 years

20 of enactment of the Public Education Reinvestment,

21 Reinvention, and Responsibility Act.

22 ‘‘SEC. 3107. USES OF FUNDS.

23 ‘‘(a) ADMINISTRATIVE EXPENSES.—Each local edu24 cational agency receiving a grant under section 3104 may
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1 use not more than 1 percent of the grant funds for any

2 fiscal year for the cost of administering this subtitle.

3 ‘‘(b) ACTIVITIES.—Each local educational agency re4 ceiving grant funds under section 3104 shall use the grant

5 funds that are not used under subsection (a)—

6 ‘‘(1) to increase limited English proficient stu7 dents’ proficiency in English by providing high-qual8 ity English language instruction programs, such as

9 bilingual education programs and transitional edu10 cation or English immersion education programs,

11 that are—

12 ‘‘(A) tied to scientifically based research

13 demonstrating the effectiveness of the programs

14 in increasing English proficiency; and

15 ‘‘(B) approved by the State educational

16 agency;

17 ‘‘(2) to provide high-quality professional devel18 opment activities for teachers of limited English pro19 ficient students that are—

20 ‘‘(A) designed to enhance the ability of

21 such teachers to understand and use curricula,

22 assessment measures, and instructional strate23 gies for limited English proficient students;

24 ‘‘(B) tied to scientifically based research

25 demonstrating the effectiveness of such pro-
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1 grams in increasing students’ English pro2 ficiency or substantially increasing the knowl3 edge and teaching skills of such teachers; and

4 ‘‘(C) of sufficient intensity and duration

5 (such as not to include 1-day or short-term

6 workshops and conferences) to have a positive

7 and lasting impact on the teacher’s perform8 ance in the classroom, except that this para9 graph shall not apply to an activity that is 1

10 component of a long-term, comprehensive pro11 fessional development plan established by a

12 teacher and the teacher’s supervisor based upon

13 an assessment of the teacher’s and supervisor’s

14 needs, the student’s needs, and the needs of the

15 local educational agency;

16 ‘‘(3) to identify, acquire, and upgrade curricula,

17 instructional materials, educational software, and as18 sessment procedures; and

19 ‘‘(4) to provide parent and community partici20 pation programs to improve English language in21 struction programs for limited English proficient

22 students.

23 ‘‘SEC. 3108. PROGRAM REQUIREMENTS.

24 ‘‘(a) PROHIBITION.—In carrying out this subtitle the

25 Secretary shall neither mandate nor preclude a particular
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1 curricular or pedagogical approach to educating limited

2 English proficient students.

3 ‘‘(b) TEACHER ENGLISH FLUENCY.—Each local edu4 cational agency receiving grant funds under section 3104

5 shall certify to the State educational agency that all teach6 ers in any language instruction program for limited

7 English proficient students funded under this subtitle are

8 fluent in English.

9 ‘‘SEC. 3109. PERFORMANCE OBJECTIVES.

10 ‘‘(a) IN GENERAL.—Each State educational agency

11 or specifically qualified agency receiving a grant under this

12 subtitle shall develop annual numerical performance objec13 tives with respect to helping limited English proficient stu14 dents become proficient in English. The objectives shall

15 include incremental percentage increases for each fiscal

16 year a State receives a grant under this subtitle, including

17 increases in the number of limited English proficient stu18 dents demonstrating an increase in performance on annual

19 assessments in reading, writing, speaking, and listening

20 comprehension, from the preceding fiscal year.

21 ‘‘(b) ACCOUNTABILITY.—Each State educational

22 agency or specially qualified agency receiving a grant

23 under this subtitle shall be held accountable for meeting

24 the annual numerical performance objectives under this

25 subtitle and the adequate yearly progress levels for limited
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1 English proficient students under section

2 1111(b)(2)(B)(iv) and (vii). Any State educational agency

3 or specially qualified agency that fails to meet the annual

4 performance objectives shall be subject to sanctions under

5 section 7001.

6 ‘‘SEC. 3110. AUTHORIZATION OF APPROPRIATIONS.

7 ‘‘There are authorized to be appropriated to carry out

8 this subtitle $1,000,000,000 for fiscal year 2001, and such

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

10 fiscal years.

11 ‘‘SEC. 3111. REGULATIONS AND NOTIFICATION.

12 ‘‘(a) REGULATION RULE.—In developing regulations

13 under this subtitle, the Secretary shall consult with State

14 educational agencies, local educational agencies, organiza15 tions representing limited English proficient individuals,

16 and organizations representing teachers and other per17 sonnel involved in the education of limited English pro18 ficient students.

19 ‘‘(b) PARENTAL NOTIFICATION.—

20 ‘‘(1) IN GENERAL.—Each local educational

21 agency shall notify parents of a student partici22 pating in a language instruction educational pro23 gram under this subtitle of—

24 ‘‘(A) the student’s level of English pro25 ficiency, how such level was assessed, the status
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1 of the student’s academic achievement, and the

2 implications of the student’s educational

3 strengths and needs for age- and grade-appro4 priate academic attainment, promotion, and

5 graduation;

6 ‘‘(B) what programs are available to meet

7 the student’s educational strengths and needs,

8 and how such programs differ in content and

9 instructional goals from other language instruc10 tion educational programs and, in the case of a

11 student with a disability, how such program

12 meets the objectives of the individualized edu13 cation program of such a student; and

14 ‘‘(C) the instructional goals of the lan15 guage instruction educational program, and

16 how the program will specifically help the lim17 ited English proficient student learn English

18 and meet age-appropriate standards for grade

19 promotion and graduation, including—

20 ‘‘(i) the characteristics, benefits, and

21 past academic results of the language in22 struction educational program and of in23 structional alternatives; and
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1 ‘‘(ii) the reasons the student was iden2 tified as being in need of a language in3 struction educational program.

4 ‘‘(2) OPTION TO DECLINE.—

5 ‘‘(A) IN GENERAL.—Each parent described

6 in paragraph (1) shall also be informed that the

7 parent has the option of declining the enroll8 ment of their children or youth in a language

9 instruction educational program, and shall be

10 given an opportunity to decline such enrollment

11 if the parent so chooses.

12 ‘‘(B) OBLIGATIONS.—A local educational

13 agency shall not be relieved of any of the agen14 cy’s obligations under title VI of the Civil

15 Rights Act of 1964 (42 U.S.C. 2000d et seq.)

16 if a parent chooses not to enroll their child in

17 a language instruction educational program.

18 ‘‘(3) RECEIPT OF INFORMATION.—A parent de19 scribed in paragraph (1) shall receive, in a manner

20 and form understandable to the parent including, if

21 necessary and to the extent feasible, in the native

22 language of the parent, the information required by

23 this subsection. At a minimum, the parent shall

24 receive—
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1 ‘‘(A) timely information about projects

2 funded under this subtitle; and

3 ‘‘(B) if the parent of a participating child

4 so desires, notice of opportunities for regular

5 meetings for the purpose of formulating and re6 sponding to recommendations from parents of

7 children assisted under this subtitle.

8 ‘‘(4) SPECIAL RULE.—A student shall not be

9 admitted to, or excluded from, any Federally as10 sisted language instruction educational program

11 solely on the basis of a surname or language-minor12 ity status.

13 ‘‘(5) LIMITATIONS ON CONDITIONS.—Nothing

14 in this subtitle shall be construed to authorize an of15 ficer or employee of the Federal Government to

16 mandate, direct, or control a State’s, local edu17 cational agency’s, elementary school’s, or secondary

18 school’s specific challenging English language devel19 opment standards or assessments, curricula, or pro20 gram of instruction, as a condition of eligibility to

21 receive grant funds under this subtitle.’’.

22 SEC. 302. EMERGENCY IMMIGRANT EDUCATION PROGRAM.

23 (a) REPEALS, TRANSFERS, AND REDESIGNATIONS.—

24 Title III (20 U.S.C. 6801 et seq.) is further amended—
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1 (1) by repealing part B (20 U.S.C. 6891 et

2 seq.), part C (20 U.S.C. 6921 et seq.), part D (20

3 U.S.C. 6951 et seq.), and part E (20 U.S.C. 6971

4 et seq. );

5 (2) by transferring part C of title VII (20

6 U.S.C. 7541 et seq.) to title III and inserting such

7 part after subtitle A (as inserted by section 301(3));

8 (3) by redesignating the heading for part C of

9 title VII (as transferred by paragraph (2)) as the

10 heading for subtitle B, and redesignating accord11 ingly the references to such part as the references to

12 such subtitle; and

13 (4) by redesignating section 7301 through 7309

14 (20 U.S.C. 7541, 7549) (as transferred by para15 graph (2)) as sections 3201 through 3209, respec16 tively, and redesignating accordingly the references

17 to such sections.

18 (b) AMENDMENTS.—Subtitle B of title III (as so

19 transferred and redesignated) is amended—

20 (1) in section 3205(a)(2) (as redesignated by

21 subsection (a)(4)), by striking ‘‘the Goals 2000:

22 Educate America Act,’’; and

23 (2) in section 3209 (as redesignated by sub24 section (a)(4)), by striking ‘‘$100,000,000’’ and all

25 that follows through ‘‘necessary for’’ and inserting
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1 ‘‘such sums as may be necessary for fiscal year 2001

2 and’’.

3 SEC. 303. INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE

4 EDUCATION.

5 (a) REPEALS, TRANSFERS, AND REDESIGNATIONS.—

6 Title III (20 U.S.C 6801 et seq.) is further amended—

7 (1) by transferring title IX (20 U.S.C. 7801 et

8 seq.) to title III and inserting such title after sub9 title B (as inserted by section 302(a)(2));

10 (2) by redesignating the heading for title IX (as

11 transferred by paragraph (1)) as the heading for

12 subtitle C, and redesignating accordingly the ref13 erences to such title as the references to such sub14 title;

15 (3) by redesignating sections 9101 and 9102

16 (20 U.S.C. 7801, 7802) (as transferred by para17 graph (1)) as sections 3301 and 3302, respectively,

18 and redesignating accordingly the references to such

19 sections;

20 (4) by redesignating sections 9111 through

21 9118 (20 U.S.C. 7811, 7818) (as transferred by

22 paragraph (1)) as sections 3311 through 3318, re23 spectively, and redesignating accordingly the ref24 erences to such sections;
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1 (5) by redesignating sections 9121 through

2 9125 (20 U.S.C. 7831, 7835) (as transferred by

3 paragraph (1)) as sections 3321 through 3325, and

4 redesignating accordingly the references to such sec5 tion;

6 (6) by redesignating sections 9131 and 9141

7 (20 U.S.C. 7851, 7861) (as transferred by para8 graph (1)) as sections 3331 and 3341, respectively,

9 and redesignating accordingly the references to such

10 sections;

11 (7) by redesignating sections 9151 through

12 9154 (20 U.S.C. 7871, 7874) (as transferred by

13 paragraph (1)) as sections 3351 through 3354, re14 spectively, and redesignating accordingly the ref15 erences to such sections;

16 (8) by redesignating sections 9161 and 9162

17 (20 U.S.C. 7881, 7882) (as transferred by para18 graph (1)) as sections 3361 and 3362, respectively,

19 and redesignating accordingly the references to such

20 sections;

21 (9) by redesignating sections 9201 through

22 9212 (20 U.S.C. 7901, 7912) (as transferred by

23 paragraph (1)) as sections 3401 through 3412, re24 spectively, and redesignating accordingly the ref25 erences to such sections; and
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1 (10) by redesignating sections 9301 through

2 9308 (20 U.S.C. 7931, 7938) (as transferred by

3 paragraph (1)) as sections 3501 through 3508, and

4 redesignating accordingly the references to such sec5 tions.

6 (b) AMENDMENTS.—Subtitle C of title III (as so

7 transferred and redesignated) is amended—

8 (1) by amending section 3314(b)(2)(A) (as re9 designated by subsection (a)(4)) to read as follows:

10 ‘‘(2)(A) is consistent with, and promotes the

11 goals in, the State and local improvement plans

12 under sections 1111 and 1112’’;

13 (2) by amending section 3325(e) (as redesig14 nated by subsection (a)(5)) to read as follows:

15 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There

16 are authorized to be appropriated such sums as may be

17 necessary to carry out this subpart for fiscal year 2001

18 and each of the 4 succeeding years.’’;

19 (3) in section 3361(4)(E) (as redesignated by

20 subsection (a)(8)), by striking ‘‘the Act entitled the

21 ‘Improving America’s Schools Act of 1994’’’ and in22 serting ‘‘the Public Education Reinvestment, Re23 invention, and Responsibility Act’’;

24 (4) by amending section 3362 (as redesignated

25 by subsection (a)(8)) to read as follows:
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1 ‘‘SEC. 3262. AUTHORIZATION OF APPROPRIATIONS.

2 ‘‘For the purpose of carrying out subparts 1 through

3 5 of this part, there are authorized to be appropriated to

4 the Department of Education such sums as may be nec5 essary for fiscal year 2001 and each of the 4 succeeding

6 years.’’;

7 (5) in section 3404 (as redesignated by sub8 section (a)(9))—

9 (A) in subsection (i), by striking ‘‘Improv10 ing America’s Schools Act of 1994’’ and insert11 ing ‘‘Public Education Reinvestment, Reinven12 tion, and Responsibility Act’’; and

13 (B) in subsection (j), by striking

14 ‘‘$500,000 for fiscal year 1995, and such sums

15 as may be necessary’’ and inserting ‘‘such sums

16 as may be necessary for fiscal year 2001, and’’;

17 (6) in section 3405(c) (as redesignated by sub18 section (a)(9)), by striking ‘‘$6,000,000 for fiscal

19 year 1995, and such sums as may be necessary’’ and

20 inserting ‘‘such sums as may be necessary for fiscal

21 year 2001, and’’;

22 (7) in section 3406(e) (as redesignated by sub23 section (a)(9)), by striking ‘‘$2,000,000 for fiscal

24 year 1995, and such sums as may be necessary’’ and

25 inserting ‘‘such sums as may be necessary for fiscal

26 year 2001, and’’;
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1 (8) in section 3407(e) (as redesignated by sub2 section (a)(9)), by striking ‘‘$1,500,000 for fiscal

3 year 1995, and such sums as may be necessary’’ and

4 inserting ‘‘such sums as may be necessary for fiscal

5 year 2001, and’’;

6 (9) in section 3408(c) (as redesignated by sub7 section (a)(9)), by striking ‘‘$2,000,000 for fiscal

8 year 1995, and such sums as may be necessary’’ and

9 inserting ‘‘such sums as may be necessary for fiscal

10 year 2001, and’’;

11 (10) in section 3409(d) (as redesignated by

12 subsection (a)(9)), by striking ‘‘$2,000,000 for fiscal

13 year 1995, and such sums as may be necessary’’ and

14 inserting ‘‘such sums as may be necessary for fiscal

15 year 2001, and’’;

16 (11) in section 3410(d) (as redesignated by

17 subsection (a)(9)), by striking ‘‘$1,000,000 for fiscal

18 year 1995, and such sums as may be necessary’’ and

19 inserting ‘‘such sums as may be necessary for fiscal

20 year 2001, and’’;

21 (12) in section 3504(c) (as redesignated by sub22 section (a)(10)), by striking ‘‘$5,000,000 for fiscal

23 year 1995, and such sums as may be necessary’’ and

24 inserting ‘‘such sums as may be necessary for fiscal

25 year 2001, and’’;
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1 (13) in section 3505(e) (as redesignated by sub2 section (a)(10)), by striking ‘‘$2,000,000 for fiscal

3 year 1995, and such sums as may be necessary’’ and

4 inserting ‘‘such sums as may be necessary for fiscal

5 year 2001, and’’; and

6 (14) in section 3506(d) (as redesignated by

7 subsection (a)(10)), by striking ‘‘$1,000,000 for fis8 cal year 1995, and such sums as may be necessary’’

9 and inserting ‘‘such sums as may be necessary for

10 fiscal year 2001, and’’.

11 TITLE IV—PUBLIC SCHOOL

12 CHOICE

13 SEC. 401. PUBLIC SCHOOL CHOICE.

14 (a) MAGNET SCHOOLS AMENDMENTS.—Section

15 5113(a) (20 U.S.C. 7213(a)) is amended—

16 (1) by striking ‘‘$120,000,000’’ and inserting

17 ‘‘$130,000,000’’; and

18 (2) by striking ‘‘1995’’ and inserting ‘‘2001’’.

19 (b) CHARTER SCHOOLS AMENDMENTS.—

20 (1) PARALLEL ACCOUNTABILITY.—Section

21 10302 (20 U.S.C. 8062) is amended by adding at

22 the end the following:

23 ‘‘(g) PARALLEL ACCOUNTABILITY.—Each State edu24 cational agency receiving a grant under this part shall

25 hold charter schools assisted under this part accountable
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1 for adequate yearly progress for improving student per2 formance under title I and as established in the school’s

3 charter, including the use of the same standards and as4 sessments as established under title I.’’.

5 (2) AUTHORIZATION OF APPROPRIATIONS.—

6 Section 10311 (20 U.S.C. 8067) is amended.—

7 (A) by striking ‘‘$100,000,000’’ and in8 serting ‘‘$200,000,000’’; and

9 (B) by striking ‘‘1999’’ and inserting

10 ‘‘2001’’.

11 (c) REPEALS, TRANSFERS AND REDESIGNATIONS.—

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

13 (1) by amending the heading for title IV (20

14 U.S.C. 7101 et seq.) to read as follows:

15 ‘‘TITLE IV—PUBLIC SCHOOL

16 CHOICE’’;

17 (2) by amending section 4001 to read as fol18 lows:

19 ‘‘SEC. 4001. FINDINGS, POLICY, AND PURPOSE.

20 ‘‘(a) FINDINGS.—Congress makes the following find21 ings:

22 ‘‘(1)(A) Charter schools and magnet schools are

23 an integral part of the educational system in the

24 United States.
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1 ‘‘(1)(B) Thirty-four States and the District of

2 Columbia have established charter schools.

3 ‘‘(1)(C) Magnet schools have been established

4 throughout the United States.

5 ‘‘(1)(D) A Department of Education evaluation

6 of charter schools shows that 59 percent of charter

7 schools reported that lack of start-up funds posed a

8 difficult or very difficult challenge for the school.

9 ‘‘(2) State educational agencies and local edu10 cational agencies should hold all schools accountable

11 for the improved performance of all students, includ12 ing students attending charter schools and magnet

13 schools, under State standards and student assess14 ment measures.

15 ‘‘(3) School report cards constitute the key in16 formational component used by parents for effective

17 public school choice.

18 ‘‘(b) POLICY.—Congress declares it to be the policy

19 of the United States—

20 ‘‘(1) to support and stimulate improved public

21 school performance through increased public elemen22 tary school and secondary school competition and in23 creased Federal financial assistance; and

24 ‘‘(2) to provide parents with more choices

25 among public school options.
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1 ‘‘(c) PURPOSES.—The purposes of this title are as

2 follows:

3 ‘‘(1) To consolidate public school choice pro4 grams into 1 title.

5 ‘‘(2) To increase Federal assistance for magnet

6 schools and charter schools.

7 ‘‘(3) To help parents make better and more in8 formed choices by—

9 ‘‘(A) providing continued support and fi10 nancial assistance for magnet schools;

11 ‘‘(B) providing continued support and ex12 pansion of charter schools and charter school

13 districts; and

14 ‘‘(C) providing financial assistance to

15 States and local educational agencies for the de16 velopment of local educational agency and

17 school report cards.’’;

18 (3) by repealing sections 4002 through 4004

19 (20 U.S.C. 7102, 7104), and part A (20 U.S.C.

20 7111 et seq.), of title IV;

21 (4) by transferring part A of title V (20 U.S.C.

22 7201 et seq.) (as amended by subsection (a)) to title

23 IV and inserting such part A after section 4001;

24 (5) by redesignating sections 5101 through

25 5113 (20 U.S.C. 7201, 7213) (as transferred by
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1 paragraph (4)) as sections 4101 through 4113, re2 spectively, and by redesignating accordingly the ref3 erences to such sections in part A of title IV (as so

4 transferred);

5 (6) by transferring part C of title X (20 U.S.C.

6 8061 et seq.) (as amended by subsection (b)) to title

7 IV and inserting such part C after part A of title

8 IV (as transferred by paragraph (4));

9 (7) by redesignating part C of title IV (as

10 transferred by paragraph (6)) as part B of title IV;

11 and

12 (8) by redesignating sections 10301 through

13 10311 (20 U.S.C. 8061, 8067) (as transferred by

14 paragraph (6)) as sections 4201 through 4211, re15 spectively, and by redesignating accordingly the ref16 erences to such sections in such part B of title IV

17 (as so transferred and redesignated).

18 SEC. 402. DEVELOPMENT OF PUBLIC SCHOOL CHOICE PRO19 GRAMS; REPORT CARDS.

20 Title IV (20 U.S.C. 7101 et seq.) is further amended

21 by adding at the end the following:
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1 ‘‘PART C—DEVELOPMENT OF PUBLIC SCHOOL

2 CHOICE PROGRAMS

3 ‘‘SEC. 4301. GRANTS AUTHORIZED.

4 ‘‘(a) IN GENERAL.—From amounts made available to

5 carry out this part for a fiscal year under section 4305,

6 and not reserved under subsection (b), the Secretary is

7 authorized to award grants, on a competitive basis, to local

8 educational agencies to enable the local educational agen9 cies to develop local public school choice programs.

10 ‘‘(b) RESERVATION FOR EVALUATION, TECHNICAL

11 ASSISTANCE, AND DISSEMINATION.—From the amount

12 appropriated under section 4305 for any fiscal year, the

13 Secretary may reserve not more than 5 percent to carry

14 out evaluations under subsection (c), to provide technical

15 assistance, and to disseminate information.

16 ‘‘(c) EVALUATIONS.—The Secretary may use funds

17 reserved under subsection (b) to carry out 1 or more eval18 uations of programs assisted under this part, which shall,

19 at a minimum, address—

20 ‘‘(1) how, and the extent to which, the pro21 grams supported with funds under this part promote

22 educational equity and excellence; and

23 ‘‘(2) the extent to which public schools of choice

24 supported with funds under this part are—

25 ‘‘(A) held accountable to the public;
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1 ‘‘(B) effective in improving public edu2 cation; and

3 ‘‘(C) open and accessible to all students.

4 ‘‘(b) DURATION.—Grants under this part may be

5 awarded for a period not to exceed 3 years.

6 ‘‘SEC. 4302. DEFINITION OF HIGH-POVERTY LOCAL EDU7 CATIONAL AGENCY.

8 ‘‘In this part, the term ‘high-poverty local educational

9 agency’ means a local educational agency in which the per10 centage of children, ages 5 to 17, from families with in11 comes below the poverty line (as defined by the Office of

12 Management and Budget and revised annually in accord13 ance with section 673(2) of the Community Services Block

14 Grant Act (42 U.S.C. 9902(2))) applicable to a family of

15 the size involved for the most recent fiscal year for which

16 satisfactory data are available is 20 percent or greater.

17 ‘‘SEC. 4303. USES OF FUNDS.

18 ‘‘(a) IN GENERAL.—

19 ‘‘(1) PUBLIC SCHOOL CHOICE.—Funds under

20 this part may be used to demonstrate, develop, im21 plement, evaluate, and disseminate information on

22 innovative approaches to promote public school

23 choice, including the design and development of new

24 public school choice options, the development of new

25 strategies for overcoming barriers to effective public
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1 school choice, and the design and development of

2 public school choice systems that promote high

3 standards for all students and the continuous im4 provement of all public schools.

5 ‘‘(2) INNOVATIVE APPROACHES.—Such ap6 proaches at the school, local educational agency, and

7 State levels may include—

8 ‘‘(A) inter-district approaches to public

9 school choice, including approaches that in10 crease equal access to high-quality educational

11 programs and diversity in schools;

12 ‘‘(B) public elementary and secondary pro13 grams that involve partnerships with institu14 tions of higher education and that are located

15 on the campuses of those institutions;

16 ‘‘(C) programs that allow students in pub17 lic secondary schools to enroll in postsecondary

18 courses and to receive both secondary and post19 secondary academic credit;

20 ‘‘(D) worksite satellite schools, in which

21 State or local educational agencies form part22 nerships with public or private employers, to

23 create public schools at parents’ places of em24 ployment; and
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1 ‘‘(E) approaches to school desegregation

2 that provide students and parents choice

3 through strategies other than magnet schools.

4 ‘‘(b) LIMITATIONS.—Funds under this part—

5 ‘‘(1) shall supplement, and not supplant, non6 Federal funds expended for existing public school

7 choice programs; and

8 ‘‘(2) may be used for providing transportation

9 services or costs, except that not more than 10 per10 cent of the funds received under this part shall be

11 used by the local educational agency to provide such

12 services or costs.

13 ‘‘SEC. 4304. GRANT APPLICATION; PRIORITIES.

14 ‘‘(a) APPLICATION REQUIRED.—A State or local edu15 cational agency desiring to receive a grant under this part

16 shall submit an application to the Secretary.

17 ‘‘(b) APPLICATION CONTENTS.—Each application

18 shall include—

19 ‘‘(1) a description of the program for which

20 funds are sought and the goals for such program;

21 ‘‘(2) a description of how the program funded

22 under this part will be coordinated with, and will

23 complement and enhance, programs under other re24 lated Federal and non-Federal projects;
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1 ‘‘(3) if the program includes partners, the name

2 of each partner and a description of the partner’s

3 responsibilities;

4 ‘‘(4) a description of the policies and procedures

5 the applicant will use to ensure—

6 ‘‘(A) its accountability for results, includ7 ing its goals and performance indicators; and

8 ‘‘(B) that the program is open and acces9 sible to, and will promote high academic stand10 ards for, all students; and

11 ‘‘(5) such other information as the Secretary

12 may require.

13 ‘‘(c) PRIORITIES.—

14 ‘‘(1) HIGH-POVERTY AGENCIES.—The Secretary

15 shall give a priority to applications for projects that

16 would serve high-poverty local educational agencies.

17 ‘‘(2) PARTNERSHIPS.—The Secretary may give

18 a priority to applications demonstrating that the ap19 plicant will carry out the applicant’s project in part20 nership with 1 or more public and private agencies,

21 organizations, and institutions, including institutions

22 of higher education and public and private employ23 ers.
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1 ‘‘SEC. 4305. AUTHORIZATION OF APPROPRIATIONS.

2 There are authorized to be appropriated to carry out

3 this part $100,000,000 for fiscal year 2001 and such sums

4 as may be necessary for each of the 4 succeeding fiscal

5 years.

6 ‘‘PART D—REPORT CARDS

7 ‘‘SEC. 4401. REPORT CARDS.

8 ‘‘(a) GRANTS AUTHORIZED.—The Secretary shall

9 award a grant, from allotments under subsection (b), to

10 each State having a State report card meeting the require11 ments described in subsection (g), to enable the State an12 nually to publish report cards for each elementary school

13 and secondary school that receives funding under this Act

14 and is served by the State.

15 ‘‘(b) RESERVATIONS AND ALLOTMENTS.—

16 ‘‘(1) RESERVATIONS.—From the amount appro17 priated under subsection (e) to carry out this part

18 for each fiscal year, the Secretary shall reserve—

‘‘(A) 1 19 ⁄2 of 1 percent of such amount for

20 payments to the Secretary of the Interior for

21 activities approved by the Secretary, consistent

22 with this part, in schools operated or supported

23 by the Bureau of Indian Affairs, on the basis

24 of their respective needs for assistance under

25 this part; and
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‘‘(B) 1 1 ⁄2 of 1 percent of such amount for

2 payments to outlying areas, to be allotted in ac3 cordance with their respective needs for assist4 ance under this part, as determined by the Sec5 retary, for activities, approved by the Secretary,

6 consistent with this part.

7 ‘‘(2) STATE ALLOTMENTS.—From the amount

8 appropriated under subsection (e) for a fiscal year

9 and remaining after the Secretary makes reserva10 tions under paragraph (1), the Secretary shall allot

11 to each State having a State report card meeting the

12 requirements described in subsection (g) an amount

13 that bears the same relationship to the remainder as

14 the number of public school students enrolled in ele15 mentary schools and secondary schools in the State

16 bears to the number of such students so enrolled in

17 all States.

18 ‘‘(c) WITHIN-STATE ALLOCATIONS.—Each State

19 educational agency receiving a grant under subsection (a)

20 shall allocate the grant funds that remain after making

21 the reservation described in subsection (d) to each local

22 educational agency in the State in an amount that bears

23 the same relationship to the remainder as the number of

24 public school students enrolled in elementary schools and

25 secondary schools served by the local educational agency
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1 bears to the number of such students so enrolled in all

2 local educational agencies within the State.

3 ‘‘(d) STATE RESERVATION OF FUNDS.—Each State

4 educational agency receiving a grant under subsection (a)

5 may reserve—

6 ‘‘(1) not more than 10 percent of the grant

7 funds to carry out activities described under sub8 sections (f) and (g), and (i)(1) for fiscal year 2001;

9 and

10 ‘‘(2) not more than 5 percent of the grant

11 funds to carry out activities described under sub12 sections (f) and (g), and (i)(1) for fiscal year 2002

13 and each of the 3 succeeding fiscal years.

14 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There

15 are authorized to be appropriated to carry out this part

16 $5,000,000 for fiscal year 2001 and such sums as may

17 be necessary for each of the 4 succeeding fiscal years.

18 ‘‘(f) ANNUAL STATE REPORT.—

19 ‘‘(1) REPORTS REQUIRED.—

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

21 paragraph (3), not later than the beginning of

22 the 2001–2002 school year, a State that re23 ceives assistance under this Act shall prepare

24 and disseminate an annual report on all elemen25 tary schools and secondary schools within the
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1 State that receive funds under part A of title I

2 or part A of title II.

3 ‘‘(B) STATE REPORT CARDS ON EDU4 CATION.—In the case of a State that publishes

5 State report cards on education, the State shall

6 include in such report cards the information de7 scribed in subsection (g).

8 ‘‘(C) REPORT CARDS ON ALL PUBLIC

9 SCHOOLS.—In the case of a State that pub10 lishes a report card on all public elementary

11 schools and secondary schools in the State, the

12 State shall include, at a minimum, the informa13 tion described in subsection (g) for all schools

14 that receive funds under part A of title I or

15 part A of title II.

16 ‘‘(2) IMPLEMENTATION; REQUIREMENTS.—

17 ‘‘(A) IMPLEMENTATION.—The State shall

18 ensure implementation at all levels of the report

19 cards described in paragraph (1).

20 ‘‘(B) REQUIREMENTS.—Annual report

21 cards under this part shall be—

22 ‘‘(i) concise; and

23 ‘‘(ii) presented in a format and man24 ner that parents can understand including,
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1 to the extent practicable, in a language the

2 parents can understand.

3 ‘‘(3) PUBLICATION THROUGH OTHER MEANS.—

4 In the event that the State provides no such report

5 card, the State shall, not later than the beginning of

6 the 2001–2002 school year, publicly report the infor7 mation described in subsection (g) for all schools

8 that receive funds under part A of title I or part A

9 of title II through other public means.

10 ‘‘(g) CONTENT OF ANNUAL STATE REPORTS.—

11 ‘‘(1) REQUIRED INFORMATION.—Each State de12 scribed in subsection (f)(1)(A), at a minimum, shall

13 include in the annual State report information on

14 each local educational agency and school that re15 ceives funds under part A of title I or part A of title

16 II within the State, including information

17 regarding—

18 ‘‘(A) student performance on statewide as19 sessments for the year for which the annual

20 State report is made, and the preceding year, in

21 at least English language arts and mathe22 matics, including—

23 ‘‘(i) a comparison of the proportions

24 of students who performed at the basic,

25 proficient, and advanced levels in each sub-
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1 ject area, for each grade level at which as2 sessments are required under title I, with

3 proportions in each of the same 4 levels at

4 the same grade levels in the previous

5 school year;

6 ‘‘(ii) a statement on the 3-year trend

7 in the percentage of students performing

8 at the basic, proficient, and advanced levels

9 in each subject area, for each grade level

10 for which assessments are required under

11 title I; and

12 ‘‘(iii) a statement of the percentage of

13 students not tested and a listing of cat14 egories of the reasons why such students

15 were not tested;

16 ‘‘(B) student retention rates in grades, the

17 number of students completing advanced place18 ment courses, and 4-year graduation rates;

19 ‘‘(C) the professional qualifications of

20 teachers in the aggregate, including the per21 centage of teachers teaching with emergency or

22 provisional credentials, the percentage of class

23 sections not taught by fully qualified teachers,

24 and the percentage of teachers who are fully

25 qualified; and
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1 ‘‘(D) the professional qualifications of

2 paraprofessionals in the aggregate, the number

3 of paraprofessionals in the aggregate, and the

4 ratio of paraprofessionals to teachers in the

5 classroom.

6 ‘‘(2) STUDENT DATA.—Student data in each re7 port shall contain disaggregated results for the fol8 lowing categories:

9 ‘‘(A) Racial and ethnic groups.

10 ‘‘(B) Gender.

11 ‘‘(C) Economically disadvantaged students,

12 as compared to students who are not economi13 cally disadvantaged.

14 ‘‘(D) Students with limited English pro15 ficiency, as compared to students who are pro16 ficient in English.

17 ‘‘(3) OPTIONAL INFORMATION.—A State may

18 include in the State annual report any other infor19 mation the State determines appropriate to reflect

20 school quality and school achievement, including by

21 grade level information on average class size and in22 formation on school safety, such as the incidence of

23 school violence and drug and alcohol abuse, and the

24 incidence of student suspensions and expulsions.
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1 ‘‘(4) WAIVER.—The Secretary may grant a

2 waiver to a State seeking a waiver of the require3 ments of this subsection if the State demonstrates to

4 the Secretary that—

5 ‘‘(A) the content of existing State report

6 cards meets the goals of this part; and

7 ‘‘(B) the State is taking identifiable steps

8 to meet the requirements of this subsection.

9 ‘‘(h) LOCAL EDUCATIONAL AGENCY AND SCHOOL

10 REPORT CARDS.—

11 ‘‘(1) REPORT REQUIRED.—

12 ‘‘(A) IN GENERAL.—The State shall ensure

13 that each local educational agency, elementary

14 school, or secondary school receiving funds

15 under part A of title I or part A of title II in

16 the State, collects appropriate data and pub17 lishes an annual report card consistent with

18 this subsection.

19 ‘‘(B) REQUIRED INFORMATION.—Each

20 local educational agency, elementary school, and

21 secondary school described in subparagraph

22 (A), at a minimum, shall include in its annual

23 report card—
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1 ‘‘(i) the information described in sub2 sections (g)(1) and (2) for each local edu3 cational agency and school;

4 ‘‘(ii) in the case of a local educational

5 agency—

6 ‘‘(I) information regarding the

7 number and percentage of schools

8 identified for school improvement, in9 cluding schools identified under sec10 tion 1116 of this Act, served by the

11 local educational agency;

12 ‘‘(II) information on the 3-year

13 trend in the number and percentage

14 of elementary schools and secondary

15 schools identified for school improve16 ment; and

17 ‘‘(III) information that shows

18 how students in the schools served by

19 the local educational agency perform

20 on the statewide assessment compared

21 to students in the State as a whole;

22 ‘‘(iii) in the case of an elementary

23 school or a secondary school—
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1 ‘‘(I) information regarding

2 whether the school has been identified

3 for school improvement; and

4 ‘‘(II) information that shows how

5 the school’s students performed on the

6 statewide assessment compared to

7 students in schools served by the same

8 local educational agency and to all

9 students in the State; and

10 ‘‘(iii) other appropriate information,

11 whether or not the information is included

12 in the annual State report.

13 ‘‘(2) SPECIAL RULE.—A local educational agen14 cy that issues report cards for all public elementary

15 schools and secondary schools served by the agency

16 shall include, at a minimum, the information de17 scribed in subsection (g) for all schools that receive

18 funds under part A of title I or part A of title II.

19 ‘‘(i) DISSEMINATION AND ACCESSIBILITY OF RE20 PORTS AND REPORT CARDS.—

21 ‘‘(1) STATE REPORTS.—State annual reports

22 under subsection (g) shall be disseminated to all ele23 mentary schools, secondary schools, and local edu24 cational agencies in the State, and made broadly

25 available to the public through means such as post-
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1 ing on the Internet and distribution to the media,

2 and through public agencies.

3 ‘‘(2) LOCAL REPORT CARDS.—Local educational

4 agency report cards under subsection (h) shall be

5 disseminated to all elementary schools and secondary

6 schools served by the local educational agency and to

7 all parents of students attending such schools, and

8 made broadly available to the public through means

9 such as posting on the Internet and distribution to

10 the media, and through public agencies.

11 ‘‘(3) SCHOOL REPORT CARDS.—Elementary

12 school and secondary school report cards under sub13 section (h) shall be disseminated to all parents of

14 students attending that school, and made broadly

15 available to the public, through means such as post16 ing on the Internet and distribution to the media,

17 and through public agencies.

18 ‘‘(j) PARENTS RIGHT-TO-KNOW.—

19 ‘‘(1) QUALIFICATIONS.—A local educational

20 agency that receives funds part A of title I or part

21 A of title II shall provide, upon request, in an under22 standable and uniform format, to any parent of a

23 student attending any school receiving funds under

24 part A of title I or part A of title II, information

25 regarding the professional qualifications of the stu-
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1 dent’s classroom teachers, including, at a

2 minimum—

3 ‘‘(A) whether the teacher has met State

4 certification or licensing criteria for the grade

5 levels and subject areas in which the teacher

6 provides instruction;

7 ‘‘(B) whether the teacher is teaching under

8 emergency or other provisional status through

9 which State certification or licensing criteria

10 are waived;

11 ‘‘(C) the baccalaureate degree major of the

12 teacher, any other graduate certification or de13 gree held by the teacher, and the field of dis14 cipline of each such certification or degree; and

15 ‘‘(D) whether the student is provided serv16 ices by paraprofessionals, and the qualifications

17 of any such paraprofessional.

18 ‘‘(2) ADDITIONAL INFORMATION.—In addition

19 to the information that parents may request under

20 paragraph (1), and the information provided in re21 port cards under this part, a school that receives

22 funds under part A of title I or part A of title II

23 shall provide, to the extent practicable, to each indi24 vidual parent or guardian—
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1 ‘‘(A) information on the level of perform2 ance of the individual student, for whom they

3 are the parent or guardian, in each of the State

4 assessments as required under part A of title I;

5 and

6 ‘‘(B) timely notice that the student, for

7 whom they are the parent or guardian, was as8 signed or taught for 2 or more consecutive

9 weeks by a substitute teacher or by a teacher

10 not fully qualified.

11 ‘‘(k) COORDINATION OF STATE PLAN CONTENT.—A

12 State shall include in its plan under part A of title I or

13 part A of title II, an assurance that the State has in effect

14 a policy that meets the requirements of this section.

15 ‘‘(l) PRIVACY.—Information collected under this sec16 tion shall be collected and disseminated in a manner that

17 protects the privacy of individuals.

18 ‘‘(m) DEFINITION.—The term ‘State’ means each of

19 the several States of the United States, the District of

20 Columbia, and the Commonwealth of Puerto Rico.

21 TITLE V—IMPACT AID

22 SEC. 501. IMPACT AID.

23 (a) Section 8014 (20 U.S.C. 7714) is amended—

24 (1) in subsection (a)—
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1 (A) by striking ‘‘$16,750,000 for fiscal

2 year 1995 and’’; and

3 (B) by inserting ‘‘fiscal year 2001 and’’

4 after ‘‘necessary for’’;

5 (2) in subsection (b)—

6 (A) by striking ‘‘$775,000,000 for fiscal

7 year 1995 and’’; and

8 (B) by inserting ‘‘fiscal year 2001 and’’

9 after ‘‘necessary for’’;

10 (3) in subsection (c)—

11 (A) by striking ‘‘$45,000,000 for fiscal

12 year 1995 and’’; and

13 (B) by inserting ‘‘fiscal year 2001 and’’

14 after ‘‘necessary for’’;

15 (4) in subsection (d)—

16 (A) by striking ‘‘$2,000,000 for fiscal year

17 1995 and’’; and

18 (B) by inserting ‘‘fiscal year 2001 and’’

19 after ‘‘necessary for’’;

20 (5) in subsection (e)—

21 (A) by striking ‘‘$25,000,000 for fiscal

22 year 1995 and’’; and

23 (B) by inserting ‘‘fiscal year 2001 and’’

24 after ‘‘necessary for’’;

25 (6) in subsection (f)—
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1 (A) by striking ‘‘$2,000,000 for fiscal year

2 1995 and’’; and

3 (B) by inserting ‘‘fiscal year 2001 and’’

4 after ‘‘necessary for’’; and

5 (7) in subsection (g), by striking ‘‘1998’’ and

6 inserting ‘‘2001’’.

7 (b) REPEALS, TRANSFERS, AND REDESIGNATIONS.—

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

9 (1) by repealing title V (20 U.S.C. 7201 et

10 seq.);

11 (2) by redesignating title VIII (20 U.S.C. 7701

12 et seq.) (as amended by subsection (a)) as title V,

13 and transferring the title to follow title IV (as

14 amended by section 402);

15 (3) by redesignating references to title VIII as

16 references to title V (as redesignated and trans17 ferred by paragraph (2)); and

18 (4) by redesignating sections 8001 through

19 8014 (20 U.S.C. 7701, 7714) (as transferred by

20 paragraph (2)) as sections 5001 through 5014, re21 spectively, and redesignating accordingly the ref22 erences to such sections.
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1 TITLE VI—HIGH PERFORMANCE

2 AND QUALITY EDUCATION

3 INITIATIVES

4 SEC. 601. HIGH PERFORMANCE AND QUALITY EDUCATION

5 INITIATIVES.

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

7 as follows:

8 ‘‘TITLE VI—HIGH PERFORMANCE

9 AND QUALITY EDUCATION

10 INITIATIVES

11 ‘‘SEC. 6001. FINDINGS, POLICY, AND PURPOSE.

12 ‘‘(a) FINDINGS.—Congress makes the following find13 ings:

14 ‘‘(1)(A) Congress embraces the view that edu15 cators most familiar with schools, including school

16 superintendents, principals, teachers, and school

17 support personnel, have a critical role in knowing

18 what is needed and how best to meet the educational

19 needs of students.

20 ‘‘(B) Local educational agencies should there21 fore have primary responsibility for deciding how to

22 implement funds.

23 ‘‘(2)(A) Since the Elementary and Secondary

24 Education Act was first authorized in 1965, the

25 Federal Government has created numerous grant
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1 programs, each of which was created to address 1

2 among the myriad challenges and problems facing

3 education.

4 ‘‘(B) Only a few of the Federal grant programs

5 established before the date of enactment of the Pub6 lic Education Reinvestment, Reinvention, and Re7 sponsibility Act can be tied to significant quan8 titative results.

9 ‘‘(C) Because Federal education dollars are dis10 tributed through a patchwork of programs, with

11 each program having its own set of requirements

12 and restrictions, local educational agencies and

13 schools have found it difficult to leverage funds for

14 maximum impact.

15 ‘‘(D) In many cases, Federal education dollars

16 distributed through competitive grant programs are

17 too diffused to provide a true impact at the school

18 level.

19 ‘‘(E) As a result of the Federal elementary and

20 secondary education policies in place before the date

21 of enactment of the Public Education Reinvestment,

22 Reinvention, and Responsibility Act, the focus of

23 Federal, State, and local educational agencies has

24 been diverted from comprehensive student achieve25 ment to administrative compliance.
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1 ‘‘(3)(A) Every elementary school and secondary

2 school should provide a drug- and violence-free

3 learning environment.

4 ‘‘(B) The widespread illegal use of alcohol and

5 drugs among the Nation’s secondary school stu6 dents, and increasingly among elementary school

7 students, constitutes a grave threat to students’

8 physical and mental well-being, and significantly im9 pedes the learning process.

10 ‘‘(C) Drug and violence prevention programs

11 are essential components of a comprehensive strat12 egy to promote school safety, youth development,

13 and positive school outcomes, and reduce the de14 mand for and illegal use of alcohol, tobacco, and

15 drugs throughout the Nation.

16 ‘‘(D) Schools, local organizations, parents, stu17 dents, and communities throughout the Nation have

18 a special responsibility to work together to combat

19 the continuing epidemic of violence and illegal drug

20 use, and should measure the success of programs es21 tablished to address this epidemic against clearly de22 fined goals and objectives.

23 ‘‘(E) Drug and violence prevention programs

24 are most effective when implemented within a re-
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1 search-based, drug and violence prevention frame2 work of proven effectiveness.

3 ‘‘(F) Substance abuse and violence are intri4 cately related, and must be dealt with in a holistic

5 manner.

6 ‘‘(4)(A) Technology can produce far greater op7 portunities for all students to meet high learning

8 standards, promote efficiency and effectiveness in

9 education, and help immediately and dramatically

10 reform our Nation’s educational system.

11 ‘‘(B) Because most Federal and State edu12 cational technology programs have focused on ac13 quiring educational technologies, rather than empha14 sizing the utilization of those technologies in the

15 classroom and the training and infrastructure re16 quired efficiently to support the technologies, the full

17 potential of educational technology has rarely been

18 realized.

19 ‘‘(C) The effective use of technology in edu20 cation has been inhibited by the inability of many

21 State educational agencies and local educational

22 agencies to invest in and support needed tech23 nologies, and to obtain sufficient resources to seek

24 expert technical assistance in developing high-quality
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1 professional development activities for teachers and

2 keeping pace with the rapid technological advances.

3 ‘‘(D) To remain competitive in the global econ4 omy, which is increasingly reliant on a workforce

5 that is comfortable with technology and able to inte6 grate rapid technological changes into production

7 processes, it is imperative that our Nation maintain

8 a work-ready labor force.

9 ‘‘(b) POLICY.—Congress declares it to be the policy

10 of the United States—

11 ‘‘(1) to facilitate significant innovation in ele12 mentary school and secondary school education pro13 grams;

14 ‘‘(2) to enrich the learning environment of stu15 dents;

16 ‘‘(3) to provide a safe learning environment for

17 all students;

18 ‘‘(3) to ensure that all students are techno19 logically literate; and

20 ‘‘(4) to assist State educational agencies and

21 local educational agencies in building the agencies’

22 capacity to establish, implement, and sustain innova23 tive programs for public elementary and secondary

24 school students.
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1 ‘‘(c) PURPOSES.—The purposes of this title are as

2 follows:

3 ‘‘(1) To provide supplementary assistance for

4 school improvement to elementary schools, secondary

5 schools, and local educational agencies—

6 ‘‘(A) that have been or are at risk of being

7 identified as being in need of improvement, as

8 defined in section 1116 (c) and (d), to carry out

9 activities (as described in such schools’ or agen10 cies’ improvement plans developed under such

11 section) that are designed to remedy the cir12 cumstances that caused such schools or agen13 cies to be identified as in need of improvement;

14 or

15 ‘‘(B) to improve core content curriculum

16 and instructional practices and materials in

17 core subject areas to ensure that all students

18 are at the proficient standard level within 10

19 years of the date of enactment of the Public

20 Education Reinvestment, Reinvention, and Re21 sponsibility Act.

22 ‘‘(2) To provide assistance to local educational

23 agencies and schools for innovative programs and

24 activities that will transform schools into 21st cen25 tury opportunities for students by—
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1 ‘‘(A) creating a challenging learning envi2 ronment and facilitating academic enrichment

3 through innovative academic programs; or

4 ‘‘(B) providing extra learning, time, and

5 opportunities for students.

6 ‘‘(3) To provide assistance to local educational

7 agencies, schools, and communities to strengthen ex8 isting programs or develop and implement new pro9 grams based on proven researched-based strategies

10 that create safe learning environments by—

11 ‘‘(A) preventing violence and other high12 risk behavior from occurring in and around

13 schools; and

14 ‘‘(B) preventing the illegal use of alcohol,

15 tobacco, and drugs among students.

16 ‘‘(4) To create New Economy Technology

17 Schools (NETs) by providing assistance to local edu18 cational agencies and schools for—

19 ‘‘(A) the acquisition, development, inter20 connection, implementation, improvement, and

21 maintenance of an effective educational tech22 nology infrastructure;

23 ‘‘(B) the acquisition and maintenance of

24 technology equipment and the provision of

25 training in the use of such equipment for teach-
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1 ers, school library and media personnel, and ad2 ministrators;

3 ‘‘(C) the acquisition or development of

4 technology-enhanced curricula and instructional

5 materials that are aligned with challenging

6 State content and student performance stand7 ards; and

8 ‘‘(D) the acquisition or development and

9 implementation of high-quality professional de10 velopment for teachers in the use of technology

11 and its integration with challenging State con12 tent and student performance standards.

13 ‘‘SEC. 6002. DEFINITIONS OF STATE.

14 ‘‘In this title:

15 ‘‘(1) AUTHENTIC TASK.—The term ‘authentic

16 task’ means a real world task that—

17 ‘‘(A) is challenging, meaningful, multidisci18 plinary, and interactive;

19 ‘‘(B) involves reasoning, problem solving,

20 and composition; and

21 ‘‘(C) is not a discrete component skill that

22 has no obvious connection with students’ activi23 ties outside of school.
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1 ‘‘(2) STATE.—The term ‘State’ means each of

2 the several States, the District of Columbia, and the

3 Commonwealth of Puerto Rico.

4 ‘‘SEC. 6003. PROGRAMS AUTHORIZED.

5 ‘‘(a) GRANTS AUTHORIZED.—From the amount ap6 propriated under section 6009 for a fiscal year, the Sec7 retary shall award a grant to each State educational agen8 cy having a State plan approved under section 6005(a)(4)

9 to enable the State educational agency to award grants

10 to local educational agencies in the State.

11 ‘‘(b) RESERVATIONS AND ALLOTMENTS.—

12 ‘‘(1) RESERVATIONS.—From the amount appro13 priated under section 6009 for a fiscal year, the Sec14 retary shall reserve—

‘‘(A) not more than 1 15 ⁄2 of 1 percent of

16 such amount for payments to the Bureau of In17 dian Affairs for activities, approved by the Sec18 retary, consistent with this title;

‘‘(B) not more than 1 19 ⁄2 of 1 percent of

20 such amounts for payments to outlying areas,

21 to be allotted in accordance with their respec22 tive needs for assistance under this title as de23 termined by the Secretary, for activities, ap24 proved by the Secretary, consistent with this

25 title; and
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1 ‘‘(C) such sums as may be necessary to

2 continue to support any multiyear award made

3 under titles III, IV, V (part B), or X (as such

4 titles were in effect on the day preceding the

5 date of enactment of the Public Education Re6 investment, Reinvention, and Responsibility

7 Act) until the completion of the multiyear

8 award.

9 ‘‘(2) STATE ALLOTMENTS.—

10 ‘‘(A) IN GENERAL.—From the amount ap11 propriated under section 6009 for a fiscal year

12 and remaining after the Secretary makes res13 ervations under paragraph (1), the Secretary

14 shall allot to each State having a State plan ap15 proved under section 6005(a)(4) the sum of—

16 ‘‘(i) an amount that bears the same

17 relationship to 50 percent of the remainder

18 as the amount the State received under

19 part A of title I bears to the amount all

20 States received under such part; and

21 ‘‘(ii) an amount that bears the same

22 relationship to 50 percent of the remainder

23 as the school-age population in the State

24 bears to the school-age population in all

25 States.
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1 ‘‘(B) DATA.—For the purposes of deter2 mining the school-age population in a State and

3 in all States, the Secretary shall use the latest

4 available Bureau of the Census data.

5 ‘‘(c) STATE MINIMUM.—For any fiscal year, no State

6 shall be allotted under this section an amount that is less

7 than 0.4 percent of the total amount allotted to all States

8 under subsection (b)(2).

9 ‘‘(d) HOLD-HARMLESS AMOUNTS.—For fiscal year

10 2001, notwithstanding subsection (e), the amount allotted

11 to each State under this section shall be not less than 100

12 percent of the total amount the State was allotted in for13 mula grants under titles III, IV, and VI (as such titles

14 were in effect on the day preceding the date of enactment

15 of the Public Education Reinvestment, Reinvention, and

16 Responsibility Act) for the preceding fiscal year.

17 ‘‘(e) RATABLE REDUCTIONS.—If the sums made

18 available under subsection (b)(2)(A) for any fiscal year are

19 insufficient to pay the full amounts that all State edu20 cational agencies are eligible to receive under that sub21 section for such year, the Secretary shall ratably reduce

22 such amounts for such year.
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1 ‘‘SEC. 6004. WITHIN STATE ALLOCATION.

2 ‘‘(a) SHORT TITLE.—Each State educational agency

3 for a State receiving a grant award under section

4 6003(b)(2) shall—

5 ‘‘(1) set aside not more than 1 percent of the

6 grant funds for the cost of administering the activi7 ties under this title;

8 ‘‘(2) set aside not more than 4 percent of the

9 grant funds to—

10 ‘‘(A) provide for the establishment of high11 quality, internationally competitive content and

12 student performance standards and strategies

13 that all students will be expected to meet;

14 ‘‘(B) provide for the establishment of high15 quality, rigorous assessments that include mul16 tiple measures and demonstrate comprehensive

17 knowledge;

18 ‘‘(C) encourage and enable all State edu19 cational agencies and local educational agencies

20 to develop, implement, and strengthen com21 prehensive education improvement plans that

22 address student achievement, teacher quality,

23 parent involvement, and reliable measurement

24 and evaluation methods; and

25 ‘‘(D) encourage and enable all States to

26 develop and implement value-added assess-
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1 ments, including model value-added assessments

2 identified by the Secretary under section

3 7004(a)(6); and

4 ‘‘(3) using the remaining 95 percent of the

5 grant funds, make grants by allocating to each local

6 educational agency in the State having a local edu7 cational agency plan approved under section

8 6005(b)(3) the sum of—

9 ‘‘(A) an amount that bears the same rela10 tionship to 50 percent of such remainder as the

11 amount the local educational agency received

12 under part A of title I bears to the amount all

13 local educational agencies in the State received

14 under such part; and

15 ‘‘(B) an amount that bears the same rela16 tionship to 50 percent of such remainder as the

17 school-age population in the area served by the

18 local educational agency bears to the school-age

19 population in the area served by all local edu20 cational agencies in the State.

21 ‘‘(b) MATCHING REQUIREMENT.—

22 ‘‘(1) IN GENERAL.—Each eligible local edu23 cational agency receiving a grant under subsection

24 (a) shall contribute resources with respect to the

25 local authorized activities to be assisted under this
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1 title in case or in-kind from non-Federal sources in

2 an amount equal to 25 percent of the Federal funds

3 awarded under the grant.

4 ‘‘(2) WAIVER.—A local educational agency may

5 apply to the State educational agency may grant a

6 waiver of the requirements of paragraph (1) to a

7 local educational agency that—

8 ‘‘(A) applies for such a waiver; and

9 ‘‘(B) demonstrates extreme circumstances

10 for being unable to meet such requirements.

11 ‘‘SEC. 6005. PLANS.

12 ‘‘(a) STATE PLANS.—

13 ‘‘(1) IN GENERAL.—The State educational

14 agency for each State desiring a grant under this

15 title shall submit a State plan to the Secretary at

16 such time, in such manner, and accompanied by

17 such information as the Secretary may require.

18 ‘‘(2) CONSOLIDATED PLAN.—A State plan sub19 mitted under paragraph (1) may be submitted as

20 part of a consolidated plan under section 8302.

21 ‘‘(3) CONTENTS.—Each plan submitted under

22 paragraph (1) shall—

23 ‘‘(A) describe how the State educational

24 agency will assist each local educational agency

25 and school served under this title to comply
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1 with the requirements described in section 6006

2 that are applicable to the local educational

3 agency or school;

4 ‘‘(B) certify that the State has in place the

5 standards and assessments required under sec6 tion 1111;

7 ‘‘(C) certify that the State educational

8 agency has a system, as required under section

9 1111, for—

10 ‘‘(i) holding each local educational

11 agency and school accountable for ade12 quate yearly progress (as defined in section

13 1111(b)(2)(B));

14 ‘‘(ii) identifying local educational

15 agencies and schools that are in need of

16 improvement and corrective action (as re17 quired in sections 1116 and 1117);

18 ‘‘(iii) assisting local educational agen19 cies and schools that are identified for im20 provement with the development of im21 provement plans; and

22 ‘‘(iv) providing technical assistance,

23 professional development, and other capac24 ity building as needed to get such agencies

25 and schools out of improvement status;
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1 ‘‘(D) certify that the State educational

2 agency shall use the disaggregated results of

3 student assessments required under section

4 1111(b)(4), and other measures or indicators

5 available, to review annually the progress of

6 each local educational agency and school served

7 under this title to determine whether or not

8 each such agency and school is making ade9 quate yearly progress as required under section

10 1111;

11 ‘‘(E) certify that the State educational

12 agency will take action against a local edu13 cational agency that is in corrective action and

14 receiving funds under this title as described in

15 section 6006(d)(1);

16 ‘‘(F) describe what, if any, State and other

17 resources will be provided to local educational

18 agencies and schools served under this title to

19 carry out activities consisted with this title; and

20 ‘‘(G) certify that the State educational

21 agency has a system to hold local educational

22 agencies accountable for meeting the annual

23 performance objectives required under sub24 section (b)(2)(C).
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1 ‘‘(4) APPROVAL.—The Secretary, using a peer

2 review process, shall approve a State plan if the

3 State plan meets the requirements of this sub4 section.

5 ‘‘(5) DURATION OF THE PLAN.—Each State

6 plan shall remain in effect for the duration of the

7 State’s participation under this title.

8 ‘‘(6) REQUIREMENT.—A State shall not be eli9 gible to receive funds under this title unless the

10 State has established the standards and assessments

11 required under section 1111.

12 ‘‘(b) LOCAL PLANS.—

13 ‘‘(1) IN GENERAL.—Each local educational

14 agency shall annually submit a local educational

15 agency plan to the State educational agency at such

16 time, in such manner, and accompanied by such in17 formation as the State educational agency may re18 quire.

19 ‘‘(2) CONTENTS.—Each local educational agen20 cy shall—

21 ‘‘(A) describe the programs for which

22 funds allocated under section 6004(3) will be

23 used and the reasons for the selection of such

24 programs;
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1 ‘‘(B) describe the methods the local edu2 cational agency will use to measure the annual

3 impact of programs described under subpara4 graph (A) and the extent to which such pro5 grams will increase student academic perform6 ance;

7 ‘‘(C) describe the annual, quantifiable, and

8 measurable performance goals and objectives

9 for each program described under subparagraph

10 (A) and the extent to which such goals and ob11 jectives are aligned with State content and stu12 dent performance standards;

13 ‘‘(D) describe how the local educational

14 agency will hold schools accountable for meeting

15 the intended performance objectives for each

16 program described under subparagraph (C);

17 ‘‘(E) provide an assurance that the local

18 educational agency has met the local plan re19 quirements described in section 1112 for—

20 ‘‘(i) holding schools accountable for

21 adequate yearly progress, including meet22 ing annual numerical goals for improving

23 the performance of all groups of students

24 based on the student performance stand-
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1 ards set by the State under section

2 1111(b)(1)(D)(ii);

3 ‘‘(ii) identifying schools for school im4 provement or corrective action;

5 ‘‘(iii) fulfilling the local educational

6 agency’s school improvement responsibil7 ities described in section 1116, including

8 taking corrective actions under section

9 1116(c)(10); and

10 ‘‘(iv) providing technical assistance,

11 professional development, or other capacity

12 building to schools served by the agency;

13 ‘‘(F) certify that the local educational

14 agency will take action against a school that is

15 in corrective action and receiving funds under

16 this title as described under section 6006(d)(2);

17 ‘‘(G) describe what State and local re18 sources will be contributed to carrying out pro19 grams described under subparagraph (A);

20 ‘‘(H) provide assurances that the local edu21 cational agency consulted, at a minimum, with

22 parents, school board members, teachers, ad23 ministrators, business partners, education orga24 nizations, and community groups to develop the
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1 local educational plan and select the programs

2 to be assisted under this title; and

3 ‘‘(J) provide assurances that the local edu4 cational agency will continue such consultation

5 on a regular basis and will provide the State

6 with annual evidence of such consultation.

7 ‘‘(3) APPROVAL.—The State, using a peer re8 view process, shall approve a local educational agen9 cy plan if the plan meets the requirements of this

10 subsection.

11 ‘‘(4) DURATION OF THE PLAN.—Each local

12 educational agency plan shall remain in effect for

13 the duration of the local educational agency’s par14 ticipation under this title.

15 ‘‘(5) PUBLIC REVIEW.—Each State educational

16 agency will make publicly available each local edu17 cational agency plan approved under paragraph (3).

18 ‘‘SEC. 6006. LOCAL USES OF FUNDS AND ACCOUNTABILITY.

19 ‘‘(a) ADMINISTRATIVE EXPENSES.—Each local edu20 cational agency receiving a grant award under section

21 6004(3) may use not more than 1 percent of the grant

22 funds for any fiscal year for the cost of administering this

23 title.

24 ‘‘(b) REQUIRED ACTIVITIES.—Each local educational

25 agency receiving a grant award under section 6004(3)
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•S 2254 IS

1 shall use the grant funds pursuant to this subsection to

2 establish and carry out programs that are designed to

3 achieve, separately or cumulatively, each of the goals de4 scribed in the category areas described in paragraphs (1)

5 through (4).

6 ‘‘(1) SCHOOL IMPROVEMENT.—Each local edu7 cational agency shall use 30 percent of the grant

8 funds—

9 ‘‘(A) in the case of a school that has been

10 identified as being in need of improvement

11 under section 1116(c), for activities or strate12 gies that are described in section 1116(c) that

13 focus on removing such school from improve14 ment status; or

15 ‘‘(B) for programs that seek to raise the

16 academic achievement levels of all elementary

17 school and secondary school students based on

18 challenging State content and student perform19 ance standards and, to the greatest extent pos20 sible,—

21 ‘‘(i) incorporate the best practices de22 veloped from research-based methods and

23 practices;

24 ‘‘(ii) are aligned with challenging

25 State content and performance standards
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1 and focused on reinforcing and boosting

2 the core academic skills and knowledge of

3 students who are struggling academically,

4 as determined by State assessments under

5 section 1111(b)(4) and local evaluations;

6 ‘‘(iii) focus on accelerated learning

7 rather than remediation, so that students

8 will master the high level of skills and

9 knowledge needed to meet the highest

10 State standards or to perform at high lev11 els on all State assessments;

12 ‘‘(iv) offer teachers, principals, and

13 administrators professional development

14 and technical assistance that are aligned

15 with the content of such programs; and

16 ‘‘(v) address local needs, as deter17 mined by the local educational agency’s

18 evaluation of school and districtwide data.

19 ‘‘(2) 21ST CENTURY OPPORTUNITIES.—Each

20 local educational agency shall use 25 percent of the

21 grant funds for—

22 ‘‘(A) programs that provide for extra

23 learning, time, and opportunities for students

24 so that all students may achieve high levels of

25 learning and meet the State proficient standard
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•S 2254 IS

1 level within 10 years of the date of enactment

2 of the Public Education Reinvestment, Reinven3 tion, and Responsibility Act;

4 ‘‘(B) programs to improve higher order

5 thinking skills of all students, especially dis6 advantaged students;

7 ‘‘(C) promising innovative education re8 form projects that are consistent with chal9 lenging State content and student performance

10 standards; or

11 ‘‘(D) programs that focus on ensuring that

12 disadvantaged students enter elementary school

13 with the basic skills needed to meet the highest

14 State content and student performance stand15 ards.

16 ‘‘(3) SAFE LEARNING ENVIRONMENTS.—Each

17 local educational agency shall use 15 percent of the

18 grant funds for programs that help ensure that all

19 elementary school and secondary school students

20 learn in a safe and supportive environment by—

21 ‘‘(A) reducing drugs, violence, and other

22 high-risk behavior in schools;

23 ‘‘(B) providing safe, extended-day opportu24 nities for students;
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1 ‘‘(C) providing professional development

2 activities for teachers, principals, mental health

3 professionals, and guidance counselors in deal4 ing with students exhibiting distress (such as

5 substance abuse, disruptive behavior, and suici6 dal behavior);

7 ‘‘(D) recruiting or retaining high-quality

8 mental health professionals;

9 ‘‘(E) providing character education for stu10 dents; or

11 ‘‘(F) meeting other objectives that are es12 tablished under State standards regarding safe13 ty or that address local community concerns.

14 ‘‘(4) NEW ECONOMY TECHNOLOGY SCHOOLS.—

15 ‘‘(A) IN GENERAL.—Each local educational

16 agency shall use 30 percent of the grant funds

17 to establish technology programs that will

18 transform schools into New Economy Tech19 nology Schools (NETs) and, to the greatest ex20 tent possible, will—

21 ‘‘(i) increase student performance re22 lated to an authentic task;

23 ‘‘(ii) integrate the use of technology

24 into activities that are a core part of class-
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•S 2254 IS

1 room curricula and are available to all stu2 dents;

3 ‘‘(iii) emphasize how to use technology

4 to accomplish authentic tasks;

5 ‘‘(iv) provide professional development

6 and technical assistance to teachers so that

7 teachers may integrate technology into

8 daily teaching activities that are directly

9 aligned with State content and student

10 performance standards; and

11 ‘‘(v) enable the local educational agen12 cy annually to increase the percentage of

13 classrooms with access to technology, par14 ticularly in schools in which not less than

15 50 percent of the school-age population

16 comes from families with incomes below

17 the poverty line (as defined by the Office

18 of Management and Budget, and revised

19 annually in accordance with section 673(2)

20 of the Community Services Block Grant

21 Act (42 U.S.C. 9902(2))) applicable to a

22 family of the size involved.

23 ‘‘(B) LIMITATION.—Each local educational

24 agency shall use not more than 50 percent of

25 the grant funds described in subparagraph (A)
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1 to purchase, upgrade, or retrofit computer

2 hardware in schools in which not less than 50

3 percent of the school-age population comes from

4 families at or below the poverty line, as defined

5 in subparagraph (A)(v).

6 ‘‘(c) TRANSFER OF FUNDS.—Notwithstanding sub7 section (b)—

8 ‘‘(1) a local educational agency that meets ade9 quate yearly progress requirements for student per10 formance, as established by the State educational

11 agency under section 1111, may allocate, at the local

12 educational agency’s discretion, not more than 30

13 percent of the grant funds received under section

14 6004(3) among the 4 funding categories described in

15 subsection (b);

16 ‘‘(2) a local educational agency that exceeds the

17 adequate yearly progress requirements described in

18 paragraph (1) by a significant amount, as deter19 mined by the State educational agency, may allocate,

20 at the local educational agency’s discretion, not more

21 than 50 percent of the grant funds received under

22 section 6004(3) among the 4 funding categories de23 scribed in subsection (b); and

24 ‘‘(3) a local educational agency that is identi25 fied as in need of improvement, as defined under
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1 section 1117, may apply not more than 25 percent

2 of the grant funds described in subsection (b) (2),

3 (3), or (4) to school improvement activities described

4 in subsection (b)(1).

5 ‘‘(d) LIMITATIONS FOR SCHOOLS AND LOCAL EDU6 CATIONAL AGENCIES IN CORRECTIVE ACTION.—

7 ‘‘(1) LOCAL EDUCATIONAL AGENCIES IN COR8 RECTIVE ACTION.—If a local educational agency is

9 identified for corrective action under section

10 1116(d), the State educational agency shall—

11 ‘‘(A) notwithstanding any other provision

12 of law, specify how the local educational agency

13 shall spend the grant funds in order to focus

14 the local educational agency on activities that

15 will be the most effective in raising student per16 formance levels; and

17 ‘‘(B) implement corrective action in ac18 cordance with the provisions for corrective ac19 tion described in section 1116(d).

20 ‘‘(2) SCHOOLS IN CORRECTIVE ACTION.—If a

21 school is identified for corrective action under sec22 tion 1116(c), the local educational agency shall—

23 ‘‘(A) specify how the school shall spend

24 grant funds received under this section in order
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1 to focus on activities that will be the most effec2 tive in raising student performance levels; and

3 ‘‘(B) implement corrective action in ac4 cordance with the provisions for corrective ac5 tion described in section 1116(c)(10).

6 ‘‘(3) DURATION.—Limitations imposed on

7 schools and local educational agencies in corrective

8 action under paragraphs (1) and (2) shall remain in

9 effect until such time as the school or local edu10 cational agency has made sufficient improvement, as

11 determined by the State educational agency, and is

12 no longer in corrective action.

13 ‘‘SEC. 6007. STATE AND LOCAL RESPONSIBILITIES.

14 ‘‘(a) DATA REVIEW.—

15 ‘‘(1) STATE AND LOCAL REVIEW.—A State edu16 cational agency shall jointly review with a local edu17 cational agency described in section 6006(d)(1) the

18 local educational agency’s data gathered from stu19 dent assessments and other measures required under

20 section 1111(b)(4), in order to determine how the

21 local educational agency shall spend the grant funds

22 pursuant to section 6006(d)(1)(A) in order to sub23 stantially increase student performance levels.

24 ‘‘(1) SCHOOL AND LOCAL REVIEW.—A local

25 educational agency shall jointly review with a school
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1 described in section 6006(d)(2) the school’s data

2 gathered from student assessments and other meas3 ures required under section 1111(b)(4), in order to

4 determine how the school shall spend grant funds

5 pursuant to section 6006(d)(2) in order to substan6 tially increase student performance levels.

7 ‘‘(b) TECHNICAL ASSISTANCE.—

8 ‘‘(1) STATE ASSISTANCE.—

9 ‘‘(A) A State educational agency shall pro10 vide, upon request by a local educational agency

11 receiving grant funds under this title, technical

12 assistance to the local educational agency and

13 schools served by the local educational agency,

14 including assistance in analyzing student per15 formance and the impact of programs assisted

16 under this title and identifying the best instruc17 tional strategies and methods for carrying out

18 such programs.

19 ‘‘(B) State assistance may be provided

20 by—

21 ‘‘(i) the State educational agency; or

22 ‘‘(ii) with the local educational agen23 cy’s approval, by an institution of higher

24 education, a private not-for-profit or for25 profit organization, an educational service
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1 agency, the recipient of a Federal contract

2 or cooperative agreement as described in

3 section 7005, a nontraditional entity such

4 as a corporation or consulting firm, or any

5 other entity with experience in the pro6 gram area for which the assistance is being

7 sought.

8 ‘‘(2) LOCAL ASSISTANCE.—

9 ‘‘(A) A local educational agency shall pro10 vide, upon request by an elementary school or

11 secondary school served by the agency, technical

12 assistance to such school, including assistance

13 in analyzing student performance and the im14 pact of programs assisted under this title, and

15 identifying the best instructional strategies and

16 methods for carrying out such programs.

17 ‘‘(B) Local assistance may be provided

18 by—

19 ‘‘(i) the State educational agency or

20 local educational agency; or

21 ‘‘(ii) with the school’s approval, by an

22 institution of higher education, a private

23 not-for-profit or for-profit organization, an

24 educational service agency, the recipient of

25 a Federal contract or cooperative agree-
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1 ment as described in section 7005, a non2 traditional entity such as a corporation or

3 consulting firm, or any other entity with

4 experience in the program area for which

5 the assistance is being sought.

6 ‘‘SEC. 6008. LOCAL REPORTS.

7 ‘‘Each local educational agency receiving funds under

8 this title shall annually publish and disseminate to the

9 public in a format and, to the extent practicable, in a lan10 guage that parents can understand, a report on—

11 ‘‘(1) information describing the use of funds in

12 the 4 category areas described in section 6006(b);

13 ‘‘(2) the impact of such programs and an as14 sessment of such programs’ effectiveness; and

15 ‘‘(3) the local educational agency’s progress to16 ward attaining the goals and objectives described

17 under section 6005(b), and the extent to which pro18 grams assisted under this title have increased stu19 dent achievement.

20 ‘‘SEC. 6009. AUTHORIZATION OF APPROPRIATIONS.

21 ‘‘There are authorized to be appropriated to carry out

22 this title $2,700,000,000 for fiscal year 2001, and such

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

24 fiscal years.’’.
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1 TITLE VII—ACCOUNTABILITY

2 SEC. 701. ACCOUNTABILITY.

3 Title VII of the Act (20 U.S.C. 7401 et seq.) is

4 amended to read as follows:

5 ‘‘TITLE VII—ACCOUNTABILITY

6 ‘‘SEC. 7001. SANCTIONS.

7 ‘‘(a) THIRD FISCAL YEAR.—If performance objec8 tives established under a covered provision have not been

9 met by a State receiving grant funds under such provision

10 by the end of the third fiscal year for which the State

11 receives such grant funds, the Secretary shall reduce by

12 50 percent the amount the State is entitled to receive for

13 administrative expenses under such provision.

14 ‘‘(b) FOURTH FISCAL YEAR.—If the State fails to

15 meet the performance objectives established under a cov16 ered provision by the end of the fourth fiscal year for

17 which the State receives grant funds under the covered

18 provision, the Secretary shall reduce the total amount the

19 State receives under title VI by 30 percent.

20 ‘‘(c) DURATION.—If the Secretary determines, under

21 subsection (a) or (b), that a State failed to meet the per22 formance objectives established under a covered provision

23 for a fiscal year, the Secretary shall reduce grant funds

24 in accordance with subsection (a) or (b) for the State for

25 each subsequent fiscal year until the State demonstrates
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1 that the State met the performance objectives for the fis2 cal year preceding the demonstration.

3 ‘‘(d) TECHNICAL ASSISTANCE.—The Secretary shall

4 provide technical assistance, if sought, to a State subjected

5 to sanctions under subsection (a) or (b).

6 ‘‘(e) LOCAL SANCTIONS.—

7 ‘‘(1) IN GENERAL.—Each State receiving assist8 ance under title I, II, III, or VI shall develop a sys9 tem to hold local educational agencies accountable

10 for meeting—

11 ‘‘(A) the performance objectives estab12 lished under part A of title II, part A of title

13 III, and title VI; and

14 ‘‘(B) the adequate yearly progress require15 ments established under part A of title I, and

16 required under part A of title III and title VI.

17 ‘‘(2) SANCTIONS.—A system developed under

18 paragraph (c) shall include a mechanism for sanc19 tioning local educational agencies for low perform20 ance with regard to failure to meet such perform21 ance objectives and adequate yearly progress levels.

22 ‘‘(f) DEFINITIONS.—In this section:

23 ‘‘(1) COVERED PROVISION.—The term ‘covered

24 provision’ means part A of title I, part A of title II,

25 part A of title III, and section 6005(b)(2)(C).
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1 ‘‘(2) PERFORMANCE OBJECTIVES.—The term

2 ‘performance objectives’ means in the case of—

3 ‘‘(A) part A of title I, the adequate yearly

4 progress levels established under subsections

5 (b)(2)(A)(iii) and (b)(2)(B) of section 1111;

6 ‘‘(B) part A of title II, the set of perform7 ance objectives established in section 2014;

8 ‘‘(C) part A of title III, the set of perform9 ance objectives established in section 3109; and

10 ‘‘(D) title VI, the set of performance objec11 tives set by each local educational agency in

12 section 6005(b)(2)(C).

13 ‘‘SEC. 7002. REWARDING HIGH PERFORMANCE.

14 ‘‘(a) STATE REWARDS.—

15 ‘‘(1) IN GENERAL.—From amounts appro16 priated under subsection (d), and from amounts

17 made available as a result of reductions under sec18 tion 7001, the Secretary shall make awards to

19 States that—

20 ‘‘(A) for 3 consecutive years have—

21 ‘‘(i) exceeded the States’ performance

22 objectives established for any title under

23 this Act;
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1 ‘‘(ii) exceeded their adequate yearly

2 progress levels established in section

3 1111(b);

4 ‘‘(iii) significantly narrowed the gaps

5 between minority and non-minority stu6 dents, and between economically disadvan7 taged and non-economically disadvantaged

8 students;

9 ‘‘(iv) raised all students to the pro10 ficient standard level prior to 10 years

11 from the date of enactment of the Public

12 Education Reinvention, Reinvestment, and

13 Responsibility Act; or

14 ‘‘(v) significantly increased the per15 centage of core classes being taught by

16 fully qualified teachers teaching in schools

17 receiving funds under part A of title I; or

18 ‘‘(B) by not later than fiscal year 2003,

19 ensure that all teachers teaching in the States’

20 public elementary schools and secondary schools

21 are fully qualified.

22 ‘‘(2) STATE USE OF FUNDS.—

23 ‘‘(A) DEMONSTRATION SITES.—Each State

24 receiving an award under paragraph (1) shall

25 use a portion of the award that is not distrib-
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1 uted under subsection (b) to establish dem2 onstration sites with respect to high-performing

3 schools (based on achievement or performance

4 levels) objectives and adequate yearly progress

5 in order to help low-performing schools.

6 ‘‘(B) IMPROVEMENT OF PERFORMANCE.—

7 Each State receiving an award under paragraph

8 (1) shall use the portion of the award that is

9 not used pursuant to subparagraph (A) or (C)

10 and is not distributed under subsection (b) for

11 the purpose of improving the level of perform12 ance of all elementary and secondary school

13 students in the State, based on State content

14 and performance standards.

15 ‘‘(C) RESERVATION FOR ADMINISTRATIVE

16 EXPENSES.—Each State receiving an award

17 under paragraph (1) may set aside not more

than 1 18 ⁄2 of 1 percent of the award for the plan19 ning and administrative costs of carrying out

20 this section, including the costs of distributing

21 awards to local educational agencies.

22 ‘‘(b) LOCAL EDUCATIONAL AGENCY AWARDS.—

23 ‘‘(1) IN GENERAL.—Each State receiving an

24 award under subsection (a)(1) shall distribute 80
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1 percent of the award funds to local educational

2 agencies in the State that—

3 ‘‘(A) for 3 consecutive years have—

4 ‘‘(i) exceeded the State-established

5 local educational agency performance ob6 jectives established for any title under this

7 Act;

8 ‘‘(ii) exceeded the adequate yearly

9 progress level established under section

10 1111(b)(2);

11 ‘‘(iii) significantly narrowed the gaps

12 between minority and nonminority stu13 dents, and between economically disadvan14 taged and noneconomically disadvantaged

15 students;

16 ‘‘(iv) raised all students enrolled in

17 schools within the local educational agency

18 to the proficient standard level prior to 10

19 years from the date of enactment of the

20 Public Education Reinvestment, Reinven21 tion, and Responsibility Act; or

22 ‘‘(v) significantly increased the per23 centage of core classes being taught by

24 fully qualified teachers teaching in schools

25 receiving funds under part A of title I; or
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1 ‘‘(B) not later than December 31, 2003,

2 ensured that all teachers teaching in the ele3 mentary schools and secondary schools served

4 by the local educational agencies are fully quali5 fied; or

6 ‘‘(C) have attained consistently high

7 achievement in another area that the State

8 deems appropriate to reward.

9 ‘‘(2) SCHOOL-BASED PERFORMANCE AWARDS.—

10 A local educational agency may use funds made

11 available under paragraph (1) for activities such as

12 school-based performance awards.

13 ‘‘(3) RESERVATION FOR ADMINISTRATIVE EX14 PENSES.—Each local educational agency receiving

15 an award under paragraph (1) may set aside not

more than 1 16 ⁄2 of 1 percent of the award for the plan17 ning and administrative costs of carrying out this

18 section, including the costs of distributing awards to

19 eligible elementary schools and secondary schools,

20 teachers, and principals.

21 ‘‘(c) SCHOOL REWARDS.—Each local educational

22 agency receiving an award under subsection (b) shall con23 sult with teachers and principals to develop a reward sys24 tem, and shall use the award funds—
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1 ‘‘(1) to reward individual schools that dem2 onstrate high performance with respect to—

3 ‘‘(A) increasing the academic achievement

4 of all students;

5 ‘‘(B) narrowing the academic achievement

6 gap described in section 1111(b)(2)(B)(vii);

7 ‘‘(C) improving teacher quality;

8 ‘‘(D) increasing high-quality professional

9 development for teachers, principals, and ad10 ministrators; or

11 ‘‘(E) improving the English proficiency of

12 limited English proficient students;

13 ‘‘(2) to reward collaborative teams of teachers,

14 or teams of teachers and principals, that—

15 ‘‘(A) significantly increase the annual per16 formance of low-performing students; or

17 ‘‘(B) significantly improve in a fiscal year

18 the English proficiency of limited English pro19 ficient students;

20 ‘‘(3) to reward principals who successfully raise

21 the performance of a substantial number of low-per22 forming students to high academic levels;

23 ‘‘(4) to develop or implement school district24 wide programs or policies to increase the level of
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1 student performance on State assessments that are

2 aligned with State content standards; and

3 ‘‘(5) to reward schools for consistently high

4 achievement in another area that the local edu5 cational agency deems appropriate to reward.

6 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There

7 are authorized to be appropriated to carry out this section

8 $200,000,000 for fiscal year 2001, and such sums as may

9 be necessary for each of the 4 succeeding fiscal years.

10 ‘‘(e) DEFINITION.—The term ‘low-performing stu11 dent’ means students who are below the basic State stand12 ard level.

13 ‘‘SEC. 7003. SUPPLEMENT NOT SUPPLANT.

14 ‘‘A State educational agency and local educational

15 agency shall use funds under this title to supplement, and,

16 not supplant, Federal, State, and local funds that, in the

17 absence of funds under this title, would otherwise be spent

18 for activities of the type described in section 7002.

19 ‘‘SEC. 7004. SECRETARY’S ACTIVITIES.

20 ‘‘(a) IN GENERAL.—Notwithstanding any other pro21 vision of this Act, from amounts appropriated under sub22 section (b) and not reserved under subsection (c), the Sec23 retary may—

24 ‘‘(1) support activities of the National Board

25 for Professional Teaching Standards;
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1 ‘‘(2) study and disseminate information regard2 ing model programs assisted under this Act;

3 ‘‘(3) provide training and technical assistance

4 to States, local educational agencies, elementary

5 schools and secondary schools, Indian tribes, and

6 other recipients of grant funds under this Act that

7 are carrying out activities assisted under this Act,

8 including entering into contracts or cooperative

9 agreements with public or private nonprofit entities

10 or consortia of such entities, in order to provide

11 comprehensive training and technical assistance re12 lated to the administration and implementation of

13 activities assisted under this Act;

14 ‘‘(4) support activities that will promote sys15 temic education reform at the State and local levels;

16 ‘‘(5) award grants or contracts to public or pri17 vate nonprofit entities to enable the entities—

18 ‘‘(A) to develop and disseminate exemplary

19 reading, mathematics, science, and technology

20 educational practices, and instructional mate21 rials to States, local educational agencies, and

22 elementary schools and secondary schools; and

23 ‘‘(B) to provide technical assistance for the

24 implementation of teaching methods and assess25 ment tools for use by elementary schools and
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1 secondary school students, teachers, and admin2 istrators;

3 ‘‘(6) disseminate information on models of

4 value-added assessments;

5 ‘‘(7) award a grant or contract to a public or

6 private nonprofit entity or consortium of such enti7 ties for the development and dissemination of exem8 plary programs and curricula for accelerated and ad9 vanced learning for all students, including gifted and

10 talented students;

11 ‘‘(8) award a grant or contract with Reading Is

12 Fundamental, Inc. and other public or private non13 profit entities to support and promote programs

14 which include the distribution of inexpensive books

15 to students and literacy activities that motivate chil16 dren to read; and

17 ‘‘(9) provide assistance to States—

18 ‘‘(A) by assisting in the development of

19 English language development standards and

20 high-quality assessments, if requested by a

21 State participating in activities under subtitle A

22 of title III; and

23 ‘‘(B) by developing native language tests

24 for limited English proficient students that a

25 State may administer to such students to assess
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1 student achievement in at least reading, science,

2 and mathematics, consistent with section 1111.

3 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There

4 are authorized to be appropriated to carry out this section

5 $150,000,000 for fiscal year 2001, and such sums as may

6 be necessary for each of the 4 succeeding fiscal years.

7 ‘‘(c) RESERVATION.—From the amounts appro8 priated under subsection (b) the Secretary shall reserve

9 $10,000,000 for the purposes of carrying out activities

10 under section 1202(c).’’.

11 TITLE VIII—GENERAL

12 PROVISIONS AND REPEALS

13 SEC. 801. REPEALS, TRANSFERS, AND REDESIGNATIONS RE14 GARDING TITLES VIII AND XIV.

15 (a) IN GENERAL.—The Act (20 U.S.C. 6301 et seq.)

16 is amended—

17 (1) by inserting after title VII the following:

18 ‘‘TITLE VIII—GENERAL

19 PROVISIONS’’;

20 (2) by repealing sections 14514 and 14603 (20

21 U.S.C. 8904, 8923);

22 (3)(A) by transferring title XIV (20 U.S.C.

23 8801 et seq.) to title VIII and inserting such title

24 after the title heading for title VIII; and

25 (B) by striking the title heading for title XIV;
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1 (4)(A) by redesignating part H of title VIII (as

2 redesignated by paragraph (3)) as part I of title

3 VIII; and

4 (B) by redesignating the references to part H

5 of title VIII as references to part I of title VIII;

6 (5) by inserting after part G of title VIII the

7 following:

8 ‘‘PART H—SUPPLEMENT, NOT SUPPLANT

9 ‘‘SEC. 8801. SUPPLEMENT, NOT SUPPLANT.

10 ‘‘A State educational agency or local educational

11 agency shall use funds received under the Act to supple12 ment, and not supplant, State and local funds that, in the

13 absence of funds under this Act, would otherwise be spent

14 for activities under this Act.’’;

15 (6) by redesignating the references to title XIV

16 as references to title VIII;

17 (7)(A) by redesignating sections 14101 through

18 14103 (20 U.S.C. 8801, 8803) (as transferred by

19 paragraph (3)) as sections 8101 through 8103, re20 spectively; and

21 (B) by redesignating the references to such sec22 tions 14101 through 14103 as references to sections

23 8101 through 8103, respectively;

24 (8)(A) by redesignating sections 14201 through

25 14206 (20 U.S.C. 8821, 8826) (as transferred by
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1 paragraph (3)) as sections 8201 through 8206, re2 spectively; and

3 (B) by redesignating the references to such sec4 tions 14201 through 14206 as references to sections

5 8201 through 8206, respectively;

6 (9)(A) by redesignating sections 14301 through

7 14307 (20 U.S.C. 8851, 8857) (as transferred by

8 paragraph (3)) as sections 8301 through 8307, re9 spectively; and

10 (B) by redesignating the references to such sec11 tions 14301 through 14307 as references to sections

12 8301 through 8307, respectively;

13 (10)(A) by redesignating section 14401 (20

14 U.S.C. 8881) (as transferred by paragraph (3)) as

15 section 8401; and

16 (B) by redesignating the references to such sec17 tion 14401 as references to section 8401;

18 (11)(A) by redesignating sections 14501

19 through 14513 (20 U.S.C. 8891, 8903) (as trans20 ferred by paragraph (3)) as sections 8501 through

21 8513, respectively; and

22 (B) by redesignating the references to such sec23 tions 14501 through 14513 as references to sections

24 8501 through 8513, respectively;
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1 (12)(A) by redesignating sections 14601 and

2 14602 (20 U.S.C. 8921, 8922) (as transferred by

3 paragraph (3)) as sections 8601 and 8602, respec4 tively; and

5 (B) by redesignating the references to such sec6 tions 14601 and 14602 as references to sections

7 8601 and 8602, respectively;

8 (13)(A) by redesignating section 14701 (20

9 U.S.C. 8941) (as transferred by paragraph (3)) as

10 section 8701; and

11 (B) by redesignating the references to such sec12 tion 14701 as references to section 8701; and

13 (14)(A) by redesignating sections 14801 and

14 14802 (20 U.S.C. 8961, 8962) (as transferred by

15 paragraph (3)) as sections 8901 and 8902, respec16 tively; and

17 (B) by redesignating the references to such sec18 tions 14801 and 14802 as references to sections

19 8901 and 8902, respectively.

20 (b) AMENDMENTS.—Title VIII (as so transferred and

21 redesignated) is amended—

22 (1) in section 8101(10) (as redesignated by

23 subsection (a)(7))—

24 (A) by striking subparagraphs (C) through

25 (F); and
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1 (B) by adding after subparagraph (B) the

2 following:

3 ‘‘(C) part A of title II;

4 ‘‘(D) part A of title III; and

5 ‘‘(E) title IV.’’;

6 (2) in section 8102 (as redesignated by sub7 section (a)(7)), by striking ‘‘VIII’’ and inserting

8 ‘‘V’’;

9 (3) in section 8201 (as redesignated by sub10 section (a)(8))—

11 (A) in subsection (a)(2), by striking ‘‘, and

12 administrative funds under section 308(c) of

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

14 (B) by striking subsection (f);

15 (4) in section 8203(b) (as redesignated by sub16 section (a)(8)), by striking ‘‘Improving America’s

17 Schools Act of 1994’’ and inserting ‘‘Public Edu18 cation Reinvestment, Reinvention, and Responsibility

19 Act’’;

20 (5) in section 8204 (as redesignated by sub21 section (a)(8))—

22 (A) by striking subsection (b); and

23 (B) in subsection (a)—

24 (i) in paragraph (2)—
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1 (I) in the matter preceding sub2 paragraph (A), by striking ‘‘1995’’

3 and inserting ‘‘2001’’;

4 (II) in subparagraph (B), by in5 serting ‘‘professional development,’’

6 after ‘‘curriculum development,’’; and

7 (ii) in paragraph (4)—

8 (I) by striking ‘‘and section

9 410(b) of the Improving America’s

10 Schools Act of 1994’’; and

11 (II) by striking ‘‘paragraph (2)’’

12 and inserting ‘‘subsection (a)(2)’’;

13 (III) by striking the following:

14 ‘‘(4) RESULTS.—’’ and inserting the following:

15 ‘‘(b) RESULTS.—’’;

16 (IV) by striking the following:

17 ‘‘(A) develop’’ and inserting the following:

18 ‘‘(1) develop’’; and

19 (V) by striking the following:

20 ‘‘(B) within’’ and inserting the following:

21 ‘‘(2) within’’;

22 (6) in section 8205(a)(1) (as redesignated by

23 subsection (a)(8)), by striking ‘‘part A of title IX’’

24 and inserting ‘‘part B of title III’’;
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1 (7) in section 8206 (as redesignated by sub2 section (a)(8))—

3 (A) by striking ‘‘(a) UNNEEDED PROGRAM

4 FUNDS.—’’; and

5 (B) by striking subsection (b);

6 (8) in section 8302(a)(2) (as redesignated by

7 subsection (a)(9))—

8 (A) by striking subparagraph (C); and

9 (B) by redesignating subparagraphs (D)

10 and (E) as subparagraphs (C) and (D), respec11 tively;

12 (9) in section 8304(b) (as redesignated by sub13 section (a)(9)), by striking ‘‘Improving America’s

14 Schools Act of 1994’’ and inserting ‘‘Public Edu15 cation Reinvestment, Reinvention, and Responsibility

16 Act’’;

17 (10) in section 8401 (as redesignated by sub18 section (a)(10))—

19 (A) in subsection (a), by striking ‘‘Except

20 as provided in subsection (c),’’ and inserting

21 ‘‘Notwithstanding any other provision regarding

22 waivers in this Act and except as provided in

23 subsection (c),’’; and

24 (B) in subsection (c)(8), by striking ‘‘part

25 C of title X’’ and inserting ‘‘part B of title IV’’;
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1 (11) in section 8502 (as redesignated by sub2 section (a)(11)), by striking ‘‘VIII’’ and inserting

3 ‘‘V’’;

4 (12) in section 8503(b)(1) (as redesignated by

5 subsection (a)(11))—

6 (A) by striking subparagraphs (B) through

7 (E);

8 (B) by redesignating subparagraph (A) as

9 subparagraph (B);

10 (C) by inserting before subparagraph (B)

11 the following:

12 ‘‘(A) part A of title I;’’; and

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

14 ‘‘(C) title II;

15 ‘‘(D) title III;

16 ‘‘(E) title VI.’’; and

17 (13) in section 8506(d) (as redesignated by

18 subsection (a)(11)), by striking ‘‘Improving Amer19 ica’s Schools Act of 1994’’ and inserting ‘‘Public

20 Education Reinvestment, Reinvention, and Responsi21 bility Act’’;

22 (14) in section 8513 (as redesignated by sub23 section (a)(11)), by striking ‘‘Improving America’s

24 Schools Act of 1994’’ each place it appears and in-
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1 serting ‘‘Public Education Reinvestment, Reinven2 tion, and Responsibility Act’’;

3 (15) in section 8601 (as redesignated by sub4 section (a)(12))—

5 (A) in subsection (b)(3)—

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

7 ‘‘Improving America’s Schools Act of

8 1994’’ and inserting ‘‘Public Education

9 Reinvestment, Reinvention, and Responsi10 bility Act’’; and

11 (ii) in subparagraph (B), by striking

12 ‘‘Improving America’s Schools Act’’ and

13 inserting ‘‘Public Education Reinvestment,

14 Reinvention, and Responsibility Act’’; and

15 (B) in subsection (f), by striking ‘‘Improv16 ing America’s Schools Act of 1994’’ and insert17 ing ‘‘Public Education Reinvestment, Reinven18 tion, and Responsibility Act’’; and

19 (16) in section 8701(b) (as redesignated by

20 subsection (a)(13))—

21 (A) in paragraph (1)—

22 (i) in subparagraph (B)—

23 (I) in clause (i), by striking ‘‘Im24 proving America’s Schools Act of

25 1994’’ and inserting ‘‘Public Edu-
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1 cation Reinvestment, Reinvention, and

2 Responsibility Act’’;

3 (II) in clause (ii), by striking

4 ‘‘such as the initiatives under the

5 Goals 2000: Educate America Act,

6 and’’ and inserting ‘‘under’’; and

7 (III) in clause (v), by striking ‘‘,

8 the Advisory Council on Education

9 Statistics, and the National Education

10 Goals Panel’’ and inserting ‘‘and the

11 Advisory Council on Education Statis12 tics’’; and

13 (ii) in subparagraph (C)(ii), by strik14 ing ‘‘the School-to-Work Opportunities Act

15 of 1994, and the Goals 2000: Educate

16 America Act’’ and inserting ‘‘and the

17 School-to-Work Opportunities Act of

18 1994’’; and

19 (B) in paragraph (3), by striking ‘‘1998’’

20 and inserting ‘‘2004’’.

21 SEC. 802. OTHER REPEALS.

22 Titles V, X, XI, XII, and XIII (20 U.S.C. 7201 et

23 seq., 8001 et seq., 8401 et seq., 8501 et seq., 8601 et
320

•S 2254 IS

1 seq.) and the Goals 2000: Educate America Act (20

2 U.S.C. 5801 et seq.) are repealed.

Æ