I

107TH CONGRESS

1ST SESSION H. R. 1614

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

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

IN THE HOUSE OF REPRESENTATIVES

APRIL 26, 2001

Mr. HOEFFEL (for himself and Mr. MALONEY of Connecticut) introduced the

following bill; which was referred to the Committee on Education and the

Workforce

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 ‘‘Education Reform Act’’.

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

7 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. References.

Sec. 3. Declaration of priorities.
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TITLE I—STUDENT PERFORMANCE

Sec. 101. Heading.

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.

PART G—GENERAL PROVISIONS

Sec. 181. Federal regulations.

Sec. 182. State administration.
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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.

TITLE IX—TECHNOLOGY FOR EDUCATION

Sec. 901. Technology for education.

TITLE X—SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES

Sec. 1001. Safe and drug-free schools and communities.

TITLE XI—PROGRAMS OF NATIONAL SIGNIFICANCE

Sec. 1101. Programs of national significance.

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
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1 section or other provision of the Elementary and Sec2 ondary Education Act of 1965 (20 U.S.C. 6301 et seq.).

3 SEC. 3. DECLARATION OF PRIORITIES.

4 Congress declares that our national educational prior5 ities are to—

6 (1) introduce real accountability by making

7 public elementary school and secondary school edu8 cation funding performance-based rather than a

9 guaranteed source of revenue for States and local

10 educational agencies;

11 (2) require State educational agencies and local

12 educational agencies to establish high student per13 formance objectives, and to provide the State edu14 cational agencies and local educational agencies with

15 flexibility in using Federal resources to ensure that

16 the performance objectives are met;

17 (3) provide Federal support to vital national

18 priorities, including compensatory education for dis19 advantaged children and youth, teacher quality and

20 professional development, programs for limited

21 English proficient students, student safety, and the

22 incorporation of 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 2002 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 2002 and

6 $5,000,000 for fiscal year 2003.

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 2002 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 2002 and 2003, and 3.5 percent of that

20 amount for fiscal years 2004 through 2006, 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

25 of the Education Reform Act.
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1 ‘‘(C) ACCOUNTABILITY.—Each State plan

2 shall demonstrate that the State has developed

3 and is implementing a statewide accountability

4 system that has been or will be effective in en5 suring that all local educational agencies, ele6 mentary schools, and secondary schools are

7 making adequate yearly progress as defined in

8 section 1111(b)(2)(B). Each State account9 ability system shall—

10 ‘‘(i) be based on the standards and as11 sessments adopted under paragraphs (1)

12 and (4) and take into account the perform13 ance of all students required by law to be

14 included in such assessments;

15 ‘‘(ii) be the same accountability sys16 tem the State uses for all schools or all

17 local educational agencies, if the State has

18 an accountability system for all schools or

19 all local educational agencies;

20 ‘‘(iii) provide for the identification of

21 schools or local educational agencies receiv22 ing funds under this part that for 2 con23 secutive years have exceeded such schools’

24 or agencies’ adequate yearly progress goals

25 so that information about the practices
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1 and strategies of such schools or agencies

2 can be disseminated to other schools in the

3 local educational agency and in the State

4 and such schools can be considered for re5 wards provided under title VII of this Act;

6 ‘‘(iv) provide for the identification of

7 schools and local educational agencies in

8 need of improvement, as required by sec9 tion 1116, and for the provision of tech10 nical assistance, professional development,

11 and other capacity-building as needed, in12 cluding those measures specified in sec13 tions 1116(d)(9) and 1117, to ensure that

14 schools and local educational agencies so

15 identified have the resources, skills, and

16 knowledge needed to carry out their obliga17 tions under sections 1114 and 1115 and to

18 meet the requirements for annual improve19 ment described in paragraph (2); and

20 ‘‘(v) provide for the identification of

21 schools and local educational agencies for

22 corrective action or actions as required by

23 section 1116, and for the implementation

24 of corrective actions against school and
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1 school districts when such actions are re2 quired under such section.

3 ‘‘(D) ANNUAL IMPROVEMENT FOR

4 STATES.—For a State to make adequate yearly

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

6 than 80 percent of the local educational agen7 cies within the State shall meet the State’s cri8 teria for adequate yearly progress.

9 ‘‘(E) ANNUAL IMPROVEMENT FOR LOCAL

10 EDUCATIONAL AGENCIES.—For a local edu11 cational agency to make adequate yearly

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

13 than 80 percent of the schools served by the

14 local educational agency shall meet the State’s

15 criteria for adequate yearly progress, except

16 that this subparagraph shall not apply to a

17 local educational agency that serves 5 or fewer

18 schools.

19 ‘‘(F) ANNUAL IMPROVEMENT FOR

20 SCHOOLS.—For an elementary school or a sec21 ondary school to make adequate yearly progress

22 under subparagraph (A)(i), not less than 80

23 percent of each group of students described in

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

25 school shall take the assessments described in
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1 paragraph (4)(D) and in section 612(a)(17)(A)

2 of the Individuals with Disabilities Education

3 Act.

4 ‘‘(G) PUBLIC NOTICE AND COMMENT.—

5 ‘‘(i) IN GENERAL.—Each State shall

6 submit information in the State plan dem7 onstrating that in developing such plan—

8 ‘‘(I) the State diligently sought

9 public comment from a range of insti10 tutions and individuals in the State

11 with an interest in improved student

12 achievement; and

13 ‘‘(II) the State made and will

14 continue to make a substantial effort

15 to ensure that information regarding

16 content standards, performance stand17 ards, assessments, and the State ac18 countability system is widely known

19 and understood by the public, parents,

20 teachers, and school administrators

21 throughout the State.

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

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

24 annual publication of such information and

25 explanatory text to the public through such
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1 means as the Internet, the media, and pub2 lic agencies. Non-English language shall be

3 used to communicate with parents where

4 appropriate.

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

6 information from each State on the adequate

7 yearly progress of schools and local educational

8 agencies within the State required under sub9 paragraphs (A) and (B) for the purpose of de10 termining State and local compliance with sec11 tion 1116.

12 ‘‘(3) STATE AUTHORITY.—If a State edu13 cational agency provides evidence that is satisfactory

14 to the Secretary that neither the State educational

15 agency nor any other State government official,

16 agency, or entity has sufficient authority under

17 State law to adopt curriculum content and student

18 performance standards, and assessments aligned

19 with such standards, that will be applicable to all

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

21 the State educational agency may meet the require22 ments of this subsection by—

23 ‘‘(A) adopting curriculum content and stu24 dent performance standards and assessments

25 that meet the requirements of this subsection,
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1 on a statewide basis, and limiting the applica2 bility of such standards and assessments to stu3 dents served under this part; or

4 ‘‘(B) adopting and implementing policies

5 that ensure that each local educational agency

6 within a State receiving a grant under this part

7 will adopt curriculum content and student per8 formance standards and assessments—

9 ‘‘(i) that are aligned with the stand10 ards described in subparagraph (A); and

11 ‘‘(ii) that meet the criteria in this sub12 section and any regulations regarding such

13 standards and assessments that the Sec14 retary may publish and that are applicable

15 to all students served by each such local

16 educational agency.

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

18 demonstrate that the State has implemented a set of

19 high quality, yearly student assessments that in20 clude, at a minimum, assessments in mathematics,

21 science, and English language arts, that will be

22 used, starting not later than the 2001–2002 school

23 year as the primary means of determining the yearly

24 performance of each local educational agency and

25 school served by the State under this title in ena-
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1 bling all children to meet the State’s challenging

2 content and student performance standards. Such

3 assessments shall—

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

5 measure the performance of all children, if the

6 State measures the performance of all children;

7 ‘‘(B) be aligned with the State’s chal8 lenging content and student performance stand9 ards, and provide coherent information about

10 student attainment of such standards;

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

12 such assessments are valid and reliable, and be

13 consistent with relevant, nationally recognized

14 professional and technical standards for such

15 assessments;

16 ‘‘(D) measure the performance of students

17 against the challenging State content and stu18 dent performance standards, and be adminis19 tered not less than once during—

20 ‘‘(i) grades 3 through 5;

21 ‘‘(ii) grades 6 through 9; and

22 ‘‘(iii) grades 10 through 12;

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

24 of student performance, including measures
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1 that assess higher order thinking skills and un2 derstanding;

3 ‘‘(F) provide for—

4 ‘‘(i) the participation in such assess5 ments of all students;

6 ‘‘(ii) the reasonable adaptations and

7 accommodations for students with disabil8 ities as defined in 602(3) of the Individ9 uals with Disabilities Education Act nec10 essary to measure the achievement of such

11 students relative to State content and stu12 dent performance standards;

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

14 limited English proficiency, the assessment

15 of such student in the student’s native lan16 guage if such a native language assessment

17 is more likely than an English language

18 assessment to yield accurate and reliable

19 information on what that student knows

20 and is able to do; and

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

22 assessment (using tests written in English)

23 of English language arts of any student

24 who has attended school in the United

25 States (not including the Commonwealth of
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1 Puerto Rico) for 3 or more consecutive

2 school years, except if the local educational

3 agency determines, on a case-by-case indi4 vidual basis, that assessments in another

5 language and form would likely yield more

6 accurate and reliable information on what

7 such students know and can do, the local

8 educational agency may assess such stu9 dents in the appropriate language other

10 than English for 1 additional consecutive

11 year beyond the third consecutive year;

12 and

13 ‘‘(G) include students who have attended

14 schools in a local educational agency for a full

15 academic year but have not attended a single

16 school for a full academic year, except that the

17 performance of students who have attended

18 more than 1 school in the local educational

19 agency in any academic year shall be used only

20 in determining the progress of the local edu21 cational agency;

22 ‘‘(H) provide individual student reports to

23 be submitted to parents, including assessment

24 scores or other information on the attainment

25 of student performance standards; and
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1 ‘‘(I) enable results to be disaggregated

2 within each State, local educational agency, and

3 school by gender, by each major racial and eth4 nic group, by English proficiency status, and by

5 economically disadvantaged students as com6 pared to students who are not economically dis7 advantaged.

8 ‘‘(5) RIGOROUS CRITERIA.—States are encour9 aged to use rigorous criteria assessment measures.

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

11 addition to those assessments described in para12 graph (4), each State receiving funds under this

13 part shall describe in its State plan what reasonable

14 steps it is taking to assist and encourage local edu15 cational agencies—

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

17 graders in schools receiving funds under this

18 part by providing assessments of first graders

19 that are—

20 ‘‘(i) developmentally appropriate;

21 ‘‘(ii) aligned with State content and

22 student performance standards; and

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

24 ‘‘(B) to assist and encourage local edu25 cational agencies receiving funds under this
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1 part in identifying and taking developmentally

2 appropriate and effective interventions in any

3 school served under this part in which a sub4 stantial number of first graders have not dem5 onstrated grade-level literacy proficiency by the

6 end of the school year.

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

8 plan shall identify the languages other than English

9 and Spanish that are present in the participating

10 student populations in the State, and indicate the

11 languages for which yearly student assessments are

12 not available and are needed. The State may request

13 assistance from the Secretary if linguistically acces14 sible assessment measures are needed. Upon request,

15 the Secretary shall assist with the identification of

16 appropriate assessment measures in the needed lan17 guages, but shall not mandate a specific assessment

18 or mode of instruction.

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

20 shall develop and implement the State assessments,

21 including, at a minimum, mathematics and English

22 language arts, by the 2001–2002 school year.

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

24 describe—
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1 ‘‘(A) how the State educational agency will

2 assist each local educational agency and school

3 affected by the State plan to develop the capac4 ity to comply with each of the requirements of

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

6 applicable to such agency or school;

7 ‘‘(B) how the State educational agency

8 will—

9 ‘‘(i) hold each local educational agency

10 affected by the State plan accountable for

11 improved student performance, including a

12 procedure for—

13 ‘‘(I) identifying local educational

14 agencies and schools in need of im15 provement; and

16 ‘‘(II) assisting local educational

17 agencies and schools identified under

18 subclause (I) to address achievement

19 problems, including thorough descrip20 tions of the amounts and types of pro21 fessional development to be provided

22 instructional staff, the amount of any

23 financial assistance to be provided by

24 the State under section 1003, and the

25 amount of any funds to be provided
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1 by other sources and the activities to

2 be provided by those sources; and

3 ‘‘(ii) implementing corrective action if

4 assistance is not effective;

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

6 providing low-performing students additional

7 academic instruction, such as before- and after8 school programs and summer academic pro9 grams;

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

11 appropriate to provide students an opportunity

12 to achieve the knowledge and skills described in

13 the State’s challenging content standards;

14 ‘‘(E) the specific steps the State edu15 cational agency will take or the specific strate16 gies the State educational agency will use to en17 sure that—

18 ‘‘(i) all teachers in both schoolwide

19 programs and targeted assistance pro20 grams are fully qualified not later than

21 December 31, 2006; and

22 ‘‘(ii) low-income students and minor23 ity students are not taught at higher rates

24 than other students by unexperienced,

25 uncertified, or out-of-field teachers; and
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1 ‘‘(F) the measures the State educational

2 agency will use to evaluate and publicly report

3 the State’s progress in improving the quality of

4 instruction in the schools served by the State

5 educational agency and local educational agen6 cies receiving funding under this Act.

7 ‘‘(c) OTHER PROVISIONS TO SUPPORT TEACHING

8 AND LEARNING.—Each State plan shall contain assur9 ances that—

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

11 with other agencies, including educational service

12 agencies or other local consortia and institutions to

13 provide technical assistance to local educational

14 agencies and elementary schools and secondary

15 schools to carry out the State educational agency’s

16 responsibilities under this part, including technical

17 assistance in providing professional development

18 under section 1119(A) and technical assistance

19 under section 1117; and

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

21 exist, the State educational agency will consider pro22 viding professional development and technical assist23 ance through such agencies; and

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

25 exist, the State educational agency will consider pro-
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1 viding professional development and technical assist2 ance through other cooperative agreements, such as

3 through a consortium of local educational agencies;

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

5 disaggregated results of the student assessments re6 quired under subsection (b)(4), and other measures

7 or indicators available to the State, to review annu8 ally the progress of each local educational agency

9 and school served under this part to determine

10 whether each such agency and school is making the

11 annual progress necessary to ensure that all stu12 dents will meet the proficient level of performance

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

14 within 10 years of the date of enactment of the Edu15 cation Reform 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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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—
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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
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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 Education Reform

7 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
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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-
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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
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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
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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—
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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;
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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 Education Reform Act;

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

24 local educational agency accountable for meet25 ing annual numerical goals for improving the
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1 performance of all groups of students based on

2 the performance standards set by the State

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

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

5 school improvement responsibilities under sec6 tion 1116, including taking corrective actions

7 under section 1116(c)(9);

8 ‘‘(I) provide the State educational agency

9 with—

10 ‘‘(i) an annual, up-to-date, and accu11 rate list of all schools served by the local

12 educational agency that are eligible for

13 school improvement and corrective action;

14 ‘‘(ii) the reasons why each school de15 scribed in clause (i) was identified for

16 school improvement or corrective action;

17 and

18 ‘‘(iii) the specific plans for improving

19 student performance in each of the schools

20 described in clause (i), including the spe21 cific numerical achievement goals for the

22 succeeding 2 school years, for each group

23 of students specified in section

24 1111(b)(2)(B)(iv) enrolled in each such

25 school;
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1 ‘‘(J) provide services to eligible children at2 tending private elementary schools and sec3 ondary schools in accordance with section 1120,

4 and provide timely and meaningful consultation

5 with private school officials regarding such serv6 ices;

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

8 model programs for the educationally disadvan9 taged and the findings of relevant scientifically

10 based research when developing technical assist11 ance plans for, and delivering technical assist12 ance to, schools served by the local educational

13 agency that are receiving funds under this part

14 and are in school improvement or corrective ac15 tion;

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

17 agency that chooses to use funds under this

18 part to provide early childhood development

19 services to low-income children below the age of

20 compulsory school attendance, ensure that such

21 services comply with the performance standards

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

23 Start Act;
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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;
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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
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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-
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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 Education Reform

7 Act; and

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

9 this section.

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

11 agency shall at least annually review each local agen12 cy plan approved under this subsection against the

13 results of the disaggregated assessments required

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

15 agency to ensure that the progress of all students in

16 schools served by each local educational agency

17 under this part is adequate to ensure that all stu18 dents in the State will meet or exceed the proficient

19 standard level of performance on assessments within

20 10 years of the date of enactment of the Education

21 Reform Act.

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

23 agency will make publicly available each local edu24 cational agency plan.’’.
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1 SEC. 107. SCHOOLWIDE PROGRAMS.

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

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

4 (1) in paragraph (1), by striking ‘‘school de5 scribed in subparagraph (A)’’ and all that follows

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

7 and inserting ‘‘school that serves an eligible school

8 attendance area in which—

9 ‘‘(A) not less than 40 percent of the chil10 dren are from low-income families; or

11 ‘‘(B) not less than 40 percent of the chil12 dren enrolled in the school are from such fami13 lies.’’; and

14 (2) in paragraph (2)—

15 (A) in subparagraph (A), by striking ‘‘sub16 sections (c)(1) and (e) of’’; and

17 (B) in subparagraph (B), by striking ‘‘sub18 sections (c)(1) and (e) of’’.

19 (b) COMPONENTS OF A SCHOOLWIDE PROGRAM.—

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

21 (1) in paragraph (1)—

22 (A) in subparagraph (A), by striking ‘‘sec23 tion 1111(b)(1)’’ and inserting ‘‘section

24 1111(b)’’;

25 (B) in subparagraph (B)—
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1 (i) in clause (i), by striking ‘‘section

2 1111(b)(1)(D)’’ and inserting ‘‘1111(b)’’;

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

4 ‘‘and’’ after the semicolon;

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

6 and’’ and inserting a period; and

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

8 (C) in subparagraph (G), by striking ‘‘sec9 tion 1112(b)(1)’’ and inserting ‘‘section 1112’’;

10 and

11 (2) in paragraph (2)—

12 (A) in subparagraph (A)—

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

14 Schools Act of 1994’’ and inserting ‘‘Edu15 cation Reform Act’’;

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

17 and (e) of’’; and

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

19 1111(b)(3)’’ and inserting ‘‘section

20 1111(b)(4)’’;

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

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

23 and inserting ‘‘paragraphs (1) and (4) of sec24 tion 1111(b)’’; and

25 (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 ‘‘Education Reform Act’’.

6 SEC. 108. SCHOOL CHOICE.

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

8 as follows:

9 ‘‘SEC. 1115A. SCHOOL CHOICE.

10 ‘‘(a) CHOICE PROGRAMS.—A local educational agen11 cy may use funds under this part, in combination with

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

13 public school choice programs, for children eligible for as14 sistance under this part, that permit parents to select the

15 public school that their child will attend and are consistent

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

17 public school choice and local pupil transfer.

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

19 chooses to implement a public school choice program

20 under this section shall first develop a plan that—

21 ‘‘(1) contains an assurance that all eligible stu22 dents across grade levels served under this part will

23 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

9 Education Reform Act.

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

11 in paragraph (1)(A) shall include any continuous pe12 riod of time immediately preceding the date of the

13 enactment of the Education Reform Act during

14 which an elementary school or a secondary school

15 did not make adequate yearly progress as defined in

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

17 day preceding the date of enactment of the Edu18 cation Reform Act.

19 ‘‘(3) TARGETED ASSISTANCE SCHOOLS.—To de20 termine if an elementary school or a secondary

21 school that is conducting a targeted assistance pro22 gram under section 1115 should be identified as in

23 need of improvement under this subsection, a local

24 educational agency may choose to review the

25 progress of only those students in such school who
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1 are served, or are eligible for services, under this

2 part.

3 ‘‘(4) OPPORTUNITY TO REVIEW AND PRESENT

4 EVIDENCE.—(A) Before identifying an elementary

5 school or a secondary school for school improvement

6 under paragraph (1), the local educational agency

7 shall provide the school with an opportunity to re8 view the school level data, including assessment

9 data, on which the proposed identification is based.

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

11 identification as in need of school improvement be12 lieves that the proposed identification is in error for

13 statistical or other substantive reasons, the principal

14 may provide supporting evidence to the local edu15 cational agency, which the agency shall consider be16 fore making a final determination.

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

18 after a local educational agency makes its initial de19 termination that a school served by the agency and

20 receiving assistance under this part is eligible for

21 school improvement, the local educational agency

22 shall make public a final determination on the status

23 of the school.

24 ‘‘(6) NOTIFICATION TO PARENTS.—A local edu25 cational agency shall, in an easily understandable
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1 format, and in the 3 languages, other than English,

2 spoken by the greatest number of individuals in the

3 area served by the local educational agency, provide

4 in writing to parents of each student in an elemen5 tary school or a secondary school identified for

6 school improvement—

7 ‘‘(A) an explanation of what the school im8 provement identification means, and how the

9 school identified for improvement compares in

10 terms of academic performance to other elemen11 tary schools or secondary schools served by the

12 local educational agency and the State edu13 cational agency;

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

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

16 was based;

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

18 identified for improvement is doing to address

19 the problem of low achievement;

20 ‘‘(E) an explanation of what the local edu21 cational agency or State educational agency is

22 doing to help the school address its achievement

23 problems, including the amounts and types of

24 professional development being provided to the

25 instructional staff in such school, the amount of
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1 any financial assistance being provided by the

2 State educational agency under section 1003,

3 and the activities that are being provided with

4 such financial assistance;

5 ‘‘(F) an explanation of how parents de6 scribed in this paragraph can become involved

7 in addressing the academic issues that caused

8 the school to be identified as in need of im9 provement; and

10 ‘‘(G) an explanation of the right of par11 ents, pursuant to paragraph (7), to transfer

12 their child to a higher performing public school,

13 including a public charter school or magnet

14 school, that is not in school improvement, and

15 how such transfer shall operate.

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

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

18 ‘‘(i) SCHOOLS IN CORRECTIVE ACTION

19 ON OR BEFORE DATE OF ENACTMENT.—In

20 the case of a school identified for corrective

21 action on or before the date of enactment

22 of the Education Reform Act, a local edu23 cational agency shall not later than 18

24 months after such date of enactment pro25 vide all students enrolled in the school an
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1 option to transfer (consistent with State

2 and local law, policy, and practices related

3 to public school choice and local pupil

4 transfer) to any other higher performing

5 public school, including a public charter or

6 magnet school, that—

7 ‘‘(I) has not been identified for

8 school improvement or corrective ac9 tion;

10 ‘‘(II) is not at risk of being iden11 tified for school improvement or cor12 rective action within the succeeding

13 academic year; and

14 ‘‘(III) has not been in corrective

15 action at any time during the 2 pre16 ceding academic years.

17 ‘‘(ii) SCHOOLS IDENTIFIED AFTER

18 DATE OF ENACTMENT.—In the case of a

19 school identified for corrective action after

20 the date of enactment of the Education

21 Reform Act, a local educational agency

22 shall not later than 12 months after the

23 date on which a local educational agency

24 identifies the school for corrective action

25 provide all students enrolled in the school
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1 with the transfer option described in clause

2 (i).

3 ‘‘(B) COOPERATIVE AGREEMENT.—If all

4 public schools served by the local educational

5 agency to which a child may transfer under

6 clause (i) are identified for corrective action,

7 the local educational agency shall, to the extent

8 practicable, establish a cooperative agreement

9 with other local educational agencies that serve

10 geographic areas in proximity to the geographic

11 area served by the local educational agency, to

12 enable a child to transfer (consistent with State

13 and local law, policy, and practices related to

14 public school choice and local pupil transfer) to

15 a school served by such other local educational

16 agencies that meets the requirements described

17 in subparagraph (A)(i).

18 ‘‘(C) TRANSPORTATION.—A local edu19 cational agency that serves a school that has

20 been identified for corrective action shall pro21 vide transportation services or the costs of such

22 services for children of parents who choose to

23 transfer their children pursuant to this para24 graph to a different school. Not more than 10

25 percent of the funds allocated to a local edu-
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1 cational agency under this part may be used to

2 provide such transportation services or costs of

3 such services.

4 ‘‘(D) CONTINUATION OPTION.—Once a

5 school is no longer identified for or in corrective

6 action, the local educational agency shall con7 tinue to provide public school choice as an op8 tion to students in such schools for a period of

9 not less than 2 years.

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

11 under paragraph (1) for school improvement shall,

12 after being so identified, develop or revise a school

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

14 local educational agency serving the school, the local

15 school board, and other outside experts, for approval

16 by such local educational agency. The school plan

17 shall—

18 ‘‘(i) incorporate scientifically based re19 search strategies that strengthen the core aca20 demic programs in the school and address the

21 specific academic issues that caused the school

22 to be identified for school improvement;

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

24 school’s core academic program that have the

25 greatest likelihood of ensuring that all groups
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1 of students specified in section

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

3 meet or exceed the State’s proficient level of

4 performance on the assessment required in sec5 tion 1111(b)(4) within 10 years of the date of

6 enactment of the Education Reform Act;

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

8 not less than 10 percent of the funds made

9 available to it under this part for each fiscal

10 year that the school is in school improvement

11 for the purpose of providing the school’s teach12 ers and principal high quality professional de13 velopment that—

14 ‘‘(I) directly addresses the academic

15 achievement problem that caused the

16 school to be identified for school improve17 ment; and

18 ‘‘(II) meets the requirements for pro19 fessional development activities under sec20 tion 1119;

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

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

23 from school improvement status;

24 ‘‘(v) establish specific annual, numerical

25 progress goals for each group of students speci-
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1 fied in section 1111(b)(2)(B)(iv) enrolled in the

2 school that will ensure that all such groups of

3 students meet or exceed the State’s proficient

4 standard level of performance within 10 years

5 of the date of enactment of the Education Re6 form Act;

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

8 written notification to parents of each child en9 rolled in such school, in a format and, to the

10 extent practicable, in a language such parents

11 can understand; and

12 ‘‘(vii) specify the responsibilities of the

13 school, the local educational agency, and the

14 State educational agency serving such school

15 under the plan.

16 ‘‘(B) The local educational agency described in

17 subparagraph (A)(vi) may conditionally approve of a

18 school plan on inclusion of 1 or more of the correc19 tive actions specified in paragraph (10)(C).

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

21 or revised plan expeditiously, but not later than the

22 beginning of the school year following the school

23 year in which the school was identified for improve24 ment.
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1 ‘‘(D) The local educational agency described in

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

3 process to assist with review of a school improve4 ment plan prepared by the school served by the local

5 educational agency, promptly review the school plan,

6 work with the school as necessary, and approve the

7 school plan if the school plan meets the require8 ments of this paragraph.

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

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

12 school shall provide technical assistance as the

13 school develops and implements its school plan.

14 ‘‘(B) Such technical assistance—

15 ‘‘(i) shall include assistance in analyzing

16 data from the assessments required under sec17 tion 1111(b)(4), and other samples of student

18 work, to identify and address instructional

19 problems and solutions;

20 ‘‘(ii) shall include assistance in identifying

21 and implementing scientifically based instruc22 tional strategies and methods that have proven

23 effective in addressing the specific instructional

24 issues that caused the school to be identified for

25 school improvement;
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1 ‘‘(iii) shall include assistance in analyzing

2 and revising the school’s budget such that the

3 school resources are more effectively focused on

4 those activities most likely to increase student

5 achievement and to remove the school from

6 school improvement status;

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

8 educational agency, through mechanisms au9 thorized under section 1117, or with the local

10 educational agency’s approval, by the State edu11 cational agency, an institution of higher edu12 cation in full compliance with all the reporting

13 provisions of title II of the Higher Education

14 Act of 1965, a private not-for-profit organiza15 tion or for-profit organization, an educational

16 service agency, the recipient of a Federal con17 tract or cooperative agreement as described

18 under section 7005, or other entity with experi19 ence in helping schools improve achievement.

20 ‘‘(C) Technical assistance provided under this

21 section by a local educational agency or an entity

22 authorized by such agency shall be based upon sci23 entifically based research.

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

25 students served under this part meet challenging
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1 State standards, each local educational agency shall

2 implement a system of corrective action in accord3 ance with the following:

4 ‘‘(A) After providing technical assistance

5 under paragraph (9) and subject to subpara6 graph (F), the local educational agency—

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

8 time with respect to a school served by the

9 local educational agency that has been

10 identified under paragraph (1);

11 ‘‘(ii) shall take corrective action with

12 respect to any school served by the local

13 educational agency that fails to make ade14 quate yearly progress, as defined by the

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

16 the end of the second year following the

17 school year in which the school was identi18 fied under paragraph (1); and

19 ‘‘(iii) shall continue to provide tech20 nical assistance while instituting any cor21 rective action under clause (i) or (ii).

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

23 ‘corrective action’ means action, consistent with

24 State and local law, that—
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1 ‘‘(i) substantially and directly re2 sponds to—

3 ‘‘(I) the consistent academic fail4 ure of a school that caused the local

5 educational agency to take such ac6 tion; and

7 ‘‘(II) any underlying staffing,

8 curricula, or other problem in the

9 school; and

10 ‘‘(ii) is designed to increase substan11 tially the likelihood that students enrolled

12 in the school subject to corrective action

13 will perform at the proficient and advanced

14 performance levels.

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

16 subparagraph (A)(ii), the local educational

17 agency shall take not less than 1 of the fol18 lowing corrective actions:

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

20 ‘‘(ii) Make alternative governance ar21 rangements, including reopening the school

22 as a public charter school.

23 ‘‘(iii) Reconstitute the relevant school

24 staff.
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1 ‘‘(iv)(I) Authorize students to transfer

2 to other higher performing public schools

3 served by the local educational agency, in4 cluding public charter and magnet schools.

5 ‘‘(II) Provide such students transpor6 tation services, or the costs of transpor7 tation, to such schools (except that such

8 funds used to provide transportation serv9 ices or costs of transportation shall not ex10 ceed 10 percent of the amount authorized

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

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

13 action described under this subparagraph.

14 ‘‘(v) Institute and fully implement a

15 new curriculum, including appropriate pro16 fessional development for all relevant staff,

17 that is based upon scientifically based re18 search and offers substantial promise of

19 improving educational achievement for low20 performing students.

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

22 for a period not to exceed 1 year, implementa23 tion of corrective action only if the failure to

24 make adequate yearly progress was justified

25 due to exceptional or uncontrollable cir-
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1 cumstances, such as a natural disaster or a pre2 cipitous and unforeseen decline in the financial

3 resources of the local educational agency or

4 school.

5 ‘‘(E) The local educational agency shall

6 publish and disseminate to the public and to

7 the parents of each student enrolled in a school

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

9 the extent practicable, in a language that the

10 parents can understand, information regarding

11 any corrective action the local educational agen12 cy takes under this paragraph through such

13 means as the Internet, the media, and public

14 agencies.

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

16 with respect to any school under this para17 graph, a local educational agency shall provide

18 the school an opportunity to review the school

19 level data, including assessment data, on which

20 the proposed determination is made.

21 ‘‘(ii) If the school believes that the pro22 posed determination is in error for statistical or

23 other substantive reasons, the school principal

24 may provide supporting evidence to the local
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1 educational agency, which shall consider such

2 evidence before making a final determination.

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

4 days after the local educational agency makes

5 its initial determination that a school served by

6 the local educational agency and receiving as7 sistance under this part is eligible for corrective

8 action, the local educational agency shall make

9 a final and public determination on the status

10 of the school.

11 ‘‘(11) STATE EDUCATIONAL AGENCY RESPON12 SIBILITIES.—If a State educational agency deter13 mines that a local educational agency failed to carry

14 out its responsibilities under this section, or deter15 mines that, after 1 year of implementation of the

16 corrective action, such action has not resulted in suf17 ficient progress in increased student performance,

18 the State educational agency shall take such action

19 as the agency finds necessary, including designating

20 a course of corrective action described in paragraph

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

22 affected schools and to ensure that the local edu23 cational agency carries out the local educational

24 agency’s responsibilities under this section.
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1 ‘‘(12) SPECIAL RULES.—Schools that, for at

2 least 2 of the 3 years following identification under

3 paragraph (1), make adequate yearly progress to4 ward meeting the State’s proficient and advanced

5 levels of performance shall no longer be identified

6 for school improvement.’’.

7 (c) STATE REVIEW AND LOCAL EDUCATIONAL AGEN8 CY IMPROVEMENT.—Section 1116(d) (20 U.S.C. 6317(d))

9 is amended to read as follows:

10 ‘‘(d) STATE REVIEW AND LOCAL EDUCATIONAL

11 AGENCY IMPROVEMENT.—

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

13 shall annually review the progress of each local edu14 cational agency within the State receiving funds

15 under this part to determine whether schools served

16 by such agencies and receiving assistance under this

17 part are making adequate yearly progress, as de18 fined in section 1111(b)(2), toward meeting the

19 State’s student performance standards and to deter20 mine whether each local educational agency is car21 rying out its responsibilities under sections 1116 and

22 1117.

23 ‘‘(2) IDENTIFICATION OF LOCAL EDUCATIONAL

24 AGENCY FOR IMPROVEMENT.—A State educational
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1 agency shall identify for improvement any local edu2 cational agency that—

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

4 adequate yearly progress as defined in the

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

6 ‘‘(B) had been identified for, or was eligi7 ble for, improvement under this section as this

8 section was in effect on the day preceding the

9 date of enactment of the Education Reform

10 Act.

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

12 in paragraph (2)(A) shall include any continuous pe13 riod of time immediately preceding the date of the

14 enactment of the Education Reform Act during

15 which a local educational agency did not make ade16 quate yearly progress as defined in the State’s plan,

17 as such plan was in effect on the day preceding the

18 date of the enactment of the Education Reform Act.

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

20 purposes of targeted assistance schools within a local

21 educational agency, a State educational agency may

22 choose to review the progress of only the students in

23 such schools who are served under this part.

24 ‘‘(5) OPPORTUNITY TO REVIEW AND PRESENT

25 EVIDENCE.—(A) Before identifying a local edu-
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1 cational agency for improvement under paragraph

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

3 local educational agency with an opportunity to re4 view the local educational agency data, including as5 sessment data, on which the proposed identification

6 is based.

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

8 that the proposed identification is in error for statis9 tical or other substantive reasons, the local edu10 cational agency may provide supporting evidence to

11 the State educational agency, which the State edu12 cational agency shall consider before making a final

13 determination.

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

15 after the State educational agency makes its initial

16 determination that a local educational agency within

17 the State and receiving assistance under this part is

18 eligible for improvement, the State educational agen19 cy shall make public a final determination on the

20 status of the local educational agency.

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

22 educational agency shall promptly notify parents of

23 each student enrolled in a school served by a local

24 educational agency identified for improvement, in a

25 format, and to the extent practicable, in a language
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1 the parents can understand, of the reasons for such

2 agency’s identification and how parents can partici3 pate in upgrading the quality of the local edu4 cational agency.

5 ‘‘(8) LOCAL EDUCATIONAL AGENCY REVI6 SIONS.—

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

8 agency identified under paragraph (2) shall,

9 after being so identified, develop or revise a

10 local educational agency plan, in consultation

11 with the local school board, parents, teachers,

12 school staff, and others, for approval by the

13 State educational agency. Such plan shall—

14 ‘‘(i) incorporate scientifically based re15 search strategies that strengthen the core

16 academic program in the local educational

17 agency;

18 ‘‘(ii) identify specific annual numerical

19 academic achievement objectives in at least

20 the areas of mathematics and English lan21 guage arts that the local educational agen22 cy will meet, with such objectives being cal23 culated in a manner such that their

24 achievement will ensure that each group of

25 students enrolled in each school served by
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1 the local educational agency will meet or

2 exceed the proficient standard level of per3 formance in assessments required under

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

5 date of enactment of the Education Re6 form Act; and

7 ‘‘(iii) assure that the local educational

8 agency will—

9 ‘‘(I) reserve not less than 10 per10 cent of the funds made available to

11 the local educational agency under

12 this part for each fiscal year that the

13 agency is in improvement for the pur14 pose of providing high quality profes15 sional development to teachers and

16 principals at schools served by the

17 agency and receiving funds under this

18 part that directly address the aca19 demic achievement problem that

20 caused the local educational agency to

21 be identified for improvement and

22 shall be in keeping with the definition

23 of professional development provided

24 in section 1119; and
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1 ‘‘(II) the improvement plan shall

2 specify how these funds will be used

3 to remove the local educational agency

4 from improvement status;

5 ‘‘(iv) identify how the local edu6 cational agency will provide written notifi7 cation to parents described in paragraph

8 (7) in a format, and to the extent prac9 ticable in a language, that the parents can

10 understand, pursuant to paragraph (7);

11 ‘‘(v) specify the responsibilities of the

12 State educational agency and the local edu13 cational agency under the plan; and

14 ‘‘(vi) include a review of the local edu15 cational agency budget to ensure that re16 sources are focused on those activities that

17 are most likely to improve student achieve18 ment and to remove the agency from im19 provement status.

20 ‘‘(B) PEER REVIEW.—The State edu21 cational agency shall establish a peer review

22 process to assist with the review of the local

23 educational agency improvement plan, promptly

24 review the plan, work with the local educational

25 agency as necessary, and approve the plan if
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1 the plan meets the requirements of this para2 graph.

3 ‘‘(C) DEADLINE FOR IMPLEMENTATION.—

4 The local educational agency shall implement

5 the local educational agency plan or revised

6 plan expeditiously, but not later than the begin7 ning of the school year following the school year

8 in which the agency was identified for improve9 ment.

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

11 local educational agency budget fails to allocate

12 resources, consistent with, subparagraph

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

14 the local educational agency to reallocate re15 sources to more effective activities.

16 ‘‘(9) STATE EDUCATIONAL AGENCY RESPONSI17 BILITY.—For each local educational agency identi18 fied under paragraph (2), the State educational

19 agency shall provide technical or other assistance, if

20 requested, as authorized under section 1117, to bet21 ter enable the local educational agency—

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

23 educational agency plan or revised plan as ap24 proved by the State educational agency con-
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1 sistent with the requirements of this section;

2 and

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

4 local educational agency that are identified for

5 improvement.

6 ‘‘(10) TECHNICAL ASSISTANCE.—Technical as7 sistance provided by the State educational agency—

8 ‘‘(A) shall include assistance in analyzing

9 data from the assessments required under sec10 tion 1111(b)(4) to identify and address instruc11 tional problems and solutions;

12 ‘‘(B) shall include assistance in identifying

13 and implementing scientifically based instruc14 tional strategies and methods that have proven

15 effective in addressing the specific instructional

16 issues that caused the local educational agency

17 to be identified for improvement;

18 ‘‘(C) shall include assistance in analyzing

19 and revising the local educational agency’s

20 budget such that the agency’s resources are

21 more effectively focused on those activities most

22 likely to increase student achievement and to

23 remove the agency from improvement status;

24 and

25 ‘‘(D) may be provided by—
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1 ‘‘(i) the State educational agency; or

2 ‘‘(ii) with the local educational agen3 cy’s approval, by an institution of higher

4 education (in full compliance with all the

5 reporting provisions of title II of the High6 er Education Act of 1965), a private not7 for-profit or for-profit organization, an

8 educational service agency, the recipient of

9 a Federal contract or cooperative agree10 ment as described under section 7005, or

11 any other entity with experience in helping

12 schools improve achievement.

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

14 educational agency may, as a condition of providing

15 the local educational agency with technical assist16 ance and financial support in developing and car17 rying out an improvement plan, require that the

18 local educational agency reallocate resources away

19 from ineffective or inefficient activities to activities

20 that, through scientific research, have proven to

21 have the greatest impact on increasing student

22 achievement and closing the achievement gap be23 tween groups of students.

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

25 students served under this part meet challenging
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1 State standards, each State educational agency shall

2 implement a system of corrective action in accord3 ance with the following:

4 ‘‘(A) After providing technical assistance

5 under paragraph (10), and subject to subpara6 graph (D), the State educational agency—

7 ‘‘(i) shall take corrective action with

8 respect to any local educational agency

9 that fails to make adequate yearly

10 progress, as defined by the State, after the

11 end of the second year following its identi12 fication under paragraph (2); and

13 ‘‘(ii) shall continue to provide tech14 nical assistance while instituting any cor15 rective action under clause (i) or (ii).

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

17 ‘corrective action’ means action, consistent with

18 State law, that—

19 ‘‘(i) substantially and directly re20 sponds to—

21 ‘‘(I) the consistent academic fail22 ure of schools served by a local edu23 cational agency that caused the State

24 educational agency to take such action
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1 with respect to the local educational

2 agency; and

3 ‘‘(II) any underlying staffing,

4 curricular, or other problem in the

5 schools served by the local educational

6 agency; and

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

8 having all students served under this part

9 perform at the proficient and advanced

10 performance levels.

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

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

13 State educational agency shall take not less

14 than 1 of the following corrective actions:

15 ‘‘(i) Withhold funds from the local

16 educational agency.

17 ‘‘(ii) Reconstitute the relevant local

18 educational agency personnel.

19 ‘‘(iii) Remove particular schools from

20 the area served by the local educational

21 agency, and establish alternative arrange22 ments for public governance and super23 vision of such schools.

24 ‘‘(iv) Appoint, through the State edu25 cational agency, a receiver or trustee to ad-
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1 minister the affairs of the local educational

2 agency in place of the local educational

3 agency’s superintendent and school board.

4 ‘‘(v) Abolish or restructure the local

5 educational agency.

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

7 from a school operated by the local edu8 cational agency to a higher performing

9 public school, including a public charter or

10 magnet school, operated by another local

11 educational agency.

12 ‘‘(II) Provide students described in

13 subclause (I) transportation services, or

14 the costs of transportation, not to exceed

15 10 percent of the funds allocated to a local

16 educational agency under this part, to such

17 higher performing schools or public charter

18 schools.

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

20 action described under this subparagraph.

21 ‘‘(D) Prior to implementing any corrective

22 action, the State educational agency shall pro23 vide notice and an opportunity for a hearing to

24 the affected local educational agency, if State

25 law provides for such notice and opportunity.
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1 ‘‘(E) Not later than 45 days after the

2 State educational agency makes its initial deter3 mination that a local educational agency in the

4 State and receiving assistance under this part is

5 eligible for improvement, the State educational

6 agency shall make public a final determination

7 on the status of the local educational agency.

8 ‘‘(F) The State educational agency shall

9 publish and disseminate to parents described in

10 paragraph (7) and the public information re11 garding any corrective action the State edu12 cational agency takes under this paragraph

13 through such means as the Internet, the media,

14 and public agencies.

15 ‘‘(G) The State educational agency may

16 delay, for a period not to exceed 1 year, imple17 mentation of corrective action if the local edu18 cational agency’s failure to make adequate year19 ly progress was justified due to exceptional or

20 uncontrollable circumstances, such as a natural

21 disaster or a precipitous and unforeseen decline

22 in the financial resources of the local edu23 cational agency or schools served by the local

24 educational agency.’’.
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1 SEC. 110. STATE ASSISTANCE FOR SCHOOL SUPPORT AND

2 IMPROVEMENT.

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

4 as follows:

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

6 IMPROVEMENT.

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

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

9 shall establish a statewide system of intensive and sus10 tained support and improvement for local educational

11 agencies, elementary schools, and secondary schools re12 ceiving funds under this part, in order to ensure that all

13 groups of students specified in section 1111 and attending

14 such schools meet or exceed the proficient standard level

15 performance on the assessments required by section

16 1111(b)(4) within 10 years of the date of enactment of

17 the Education Reform Act.

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

19 State educational agency shall—

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

21 local educational agencies and schools identified as

22 in need of improvement under section 1116;

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

24 local educational agencies subject to corrective action

25 under section 1116, and assist elementary schools

26 and secondary schools, in accordance with section
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1 1116(c)(11), for which a local educational agency

2 has failed to carry out its responsibilities under sec3 tion 1116(c) (9) and (10); and

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

5 local educational agencies and schools that are at

6 risk of being identified as being in need of improve7 ment within the next academic year, participating

8 under this part.

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

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

11 provide technical assistance and support through ap12 proaches such as—

13 ‘‘(1) school support teams, composed of individ14 uals who are knowledgeable about scientifically

15 based research, teaching and learning practices, and

16 particularly about strategies for improving edu17 cational results for low-achieving children; and

18 ‘‘(2) designating and using Distinguished Edu19 cators, who are chosen from schools served under

20 this part that have been especially successful in im21 proving academic achievement.

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

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

24 1003(a)(1), but not used under section 1003(a)(2),

25 to carry out this section; and
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1 ‘‘(2) may use State administrative funds au2 thorized under section 1703(c) to carry out this sec3 tion.

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

5 may—

6 ‘‘(1) devise additional approaches to providing

7 the technical assistance and support described in

8 subsection (c), such as providing assistance through

9 institutions of higher education, educational service

10 agencies, or other local consortia; and

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

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

13 as part of the State plan.’’.

14 SEC. 111. PARENTAL INVOLVEMENT CHANGES.

15 (a) LOCAL EDUCATIONAL AGENCY POLICY.—Section

16 1118(a) (20 U.S.C. 6319(a)) is amended—

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

18 activities, and procedures’’ and inserting ‘‘activities

19 and procedures’’;

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

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

22 ‘‘(E) conduct, with the involvement of par23 ents, an annual evaluation of the content and

24 effectiveness of the parental involvement policy
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1 in improving the academic quality of the schools

2 served under this part;

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

4 schools served under this part; and

5 ‘‘(G) promote consumer friendly environ6 ments within the local educational agency and

7 schools served under this part.’’;

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

9 following new subparagraph:

10 ‘‘(C) Not less than 90 percent of the funds re11 served under subparagraph (A) shall be distributed

12 to schools served under this part.’’.

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

14 6319(b)(1)) is amended by inserting after the first sen15 tence ‘‘Parents shall be notified of the policy in a format,

16 and to the extent practicable in a language, that the par17 ents can understand.’’.

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

19 (20 U.S.C. 6319(c)(4)) is amended—

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

21 performance profiles required under section

22 1116(a)(3)’’ and inserting ‘‘school reports described

23 under section 4401’’;

24 (2) by redesignating subparagraphs (D) and

25 (E) as subparagraphs (F) and (G), respectively;
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1 (3) by inserting after subparagraph (C) the fol2 lowing:

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

4 a school in need of improvement under section

5 1116(b), if applicable, and a clear explanation

6 of what such designation means;

7 ‘‘(E) notice of corrective action taken

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

9 1116(d)(12), if applicable, and a clear expla10 nation of what such action means;’’; and

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

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

13 inserting ‘‘subparagraph (F)’’.

14 (d) BUILDING CAPACITY FOR INVOLVEMENT.—Sec15 tion 1118(e) (20 U.S.C 6319(e)) is amended—

16 (1) in paragraph (1), by striking ‘‘National

17 Educational Goals,’’;

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

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

20 (3) by inserting after paragraph (13) the fol21 lowing:

22 ‘‘(14) may establish a district wide parent advi23 sory council to advise on all matters related to pa24 rental involvement in programs supported under this

25 part;’’; and
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1 (4) by redesignating paragraph (5) as para2 graph (15) and transferring such paragraph to fol3 low paragraph 14 (as redesignated by paragraph

4 (3));

5 (5) by inserting after paragraph (4) the fol6 lowing:

7 ‘‘(5) shall expand the use of electronic commu8 nications among teachers, students, and parents,

9 such as through the use of websites and e-mail com10 munications;’’;

11 (6) in paragraph (8), by inserting ‘‘, to the ex12 tent practicable, in a language and format the par13 ent can understand’’ before the semicolon; and

14 (7) in paragraph (15) (as redesignated by para15 graph (4)), by striking ‘‘shall’’ and inserting ‘‘may’’.

16 (e) ACCESSIBILITY.—Section 1118(f) (20 U.S.C.

17 6319(f)) is amended by striking ‘‘, including’’ and all that

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

19 of migratory children, including providing information and

20 school reports required under section 1111 and described

21 in section 4401 in a language and form such parents un22 derstand.’’.
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1 SEC. 112. QUALIFICATIONS FOR TEACHERS AND PARA2 PROFESSIONALS.

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

4 amended—

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

6 6320) as section 1119A; and

7 (2) by inserting after section 1118 the fol8 lowing:

9 ‘‘SEC. 1119. QUALIFICATIONS FOR TEACHERS AND PARA10 PROFESSIONALS.

11 ‘‘(a) IN GENERAL.—

12 ‘‘(1) PLAN.—Each State educational agency re13 ceiving assistance under this part shall develop and

14 submit to the Secretary a plan to ensure that all

15 teachers teaching within the State are fully quali16 fied, as defined in section 2001(1), not later than

17 December 31, 2006. Such plan shall include an as18 surance that the State educational agency will re19 quire each local educational agency and school re20 ceiving funds under this part publicly to report the

21 annual progress with respect to the local educational

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

23 percentage of classes in core academic areas taught

24 by fully qualified teachers.

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

26 other provision of law, the provisions of this section
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1 governing teacher qualifications shall not supersede

2 State laws governing public charter schools.

3 ‘‘(b) NEW PARAPROFESSIONALS.—Each local edu4 cational agency receiving assistance under this part shall

5 ensure that each paraprofessional hired after December

6 31, 2004, and working in a program assisted under this

7 part—

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

9 courses at an institution of higher education in the

10 area of elementary education, or in the related sub11 ject area in which the paraprofessional is working,

12 for a minor degree at such institution;

13 ‘‘(2) has obtained an associate’s (or higher) de14 gree; or

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

16 that demonstrates, through formal State or local

17 certification (as established in subsection (h)),—

18 ‘‘(A) knowledge of, and the ability to pro19 vide tutorial assistance in, reading, writing, and

20 mathematics; or

21 ‘‘(B) knowledge of, and the ability to pro22 vide tutorial assistance in, reading readiness,

23 writing readiness, and mathematics readiness,

24 as appropriate.
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1 ‘‘(c) EXISTING PARAPROFESSIONALS.—Each local

2 educational agency receiving assistance under this part

3 shall ensure that each paraprofessional working in a pro4 gram assisted under this part shall, within 6 years after

5 the date of enactment of the Education Reform Act, sat6 isfy the requirements of subsection (b).

7 ‘‘(d) EXCEPTIONS FOR TRANSLATION AND PAREN8 TAL INVOLVEMENT ACTIVITIES.—Subsections (b) and (c)

9 shall not apply to a paraprofessional—

10 ‘‘(1) who is proficient in English and a lan11 guage other than English, and who provides services

12 primarily to enhance the participation of children in

13 programs under this part by acting as a translator;

14 or

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

16 parental involvement activities consistent with sec17 tion 1118 or other school readiness activities that

18 are noninstructional.

19 ‘‘(e) GENERAL REQUIREMENT FOR ALL PARA20 PROFESSIONALS.—Each local educational agency receiving

21 assistance under this part shall ensure that each para22 professional working in a program assisted under this

23 part, regardless of the paraprofessional’s hiring date, pos24 sesses a secondary school diploma or its recognized equiva25 lent.
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1 ‘‘(f) DUTIES OF PARAPROFESSIONALS.—

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

3 agency receiving assistance under this part shall en4 sure that a paraprofessional working in a program

5 assisted under this part is not assigned a duty in6 consistent with this subsection.

7 ‘‘(2) AUTHORIZED RESPONSIBILITIES.—A para8 professional described in paragraph (1) may be

9 assigned—

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

11 students under this part, if the tutoring is

12 scheduled at a time when the student would not

13 otherwise receive instruction from a teacher;

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

15 such as organizing instructional and other ma16 terials;

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

18 laboratory;

19 ‘‘(D) to conduct parental involvement ac20 tivities or school readiness activities that are

21 noninstructional;

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

23 media center;

24 ‘‘(F) to act as a translator;
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1 ‘‘(G) to provide assistance with extra cur2 ricular activities which are noninstructional; or

3 ‘‘(H) assist with instructional services to

4 students.

5 ‘‘(3) LIMITATIONS.—A paraprofessional de6 scribed in paragraph (1)—

7 ‘‘(A) shall not perform the duties of a cer8 tified teacher or a substitute; and

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

10 under paragraph (2) unless under the direct su11 pervision of a fully qualified teacher or other

12 appropriate professional.

13 ‘‘(g) USES OF FUNDS.—

14 ‘‘(1) PROFESSIONAL DEVELOPMENT.—Notwith15 standing subsection (h)(2), a local educational agen16 cy receiving funds under this part shall use such

17 funds to support ongoing training and professional

18 development to assist teachers and paraprofessionals

19 in satisfying the requirements of this section.

20 ‘‘(2) TRAINING.—Such training and profes21 sional development for paraprofessionals shall—

22 ‘‘(1) include training that is related directly to

23 skills and knowledge required to meet responsibilities

24 that a paraprofessional may be assigned;
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1 ‘‘(2) provide paraprofessionals the opportunity

2 to undertake a minimum of 15 hours of ongoing job

3 related training per year; and

4 ‘‘(3) integrate training provided paraprofes5 sionals with professional development activities for

6 teachers.

7 ‘‘(h) STATE CERTIFICATION.—Each State edu8 cational agency receiving assistance under this part

9 shall—

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

11 has in place State criteria for the certification of

12 paraprofessionals by December 31, 2003; and

13 ‘‘(2) ensure that paraprofessionals hired before

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

15 development activities that ensure that the para16 professional has the ability to provide tutorial assist17 ance in—

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

19 ‘‘(B) reading readiness, writing readiness,

20 and mathematics readiness, as appropriate.

21 ‘‘(i) VERIFICATION OF COMPLIANCE.—

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

23 with this section, each local educational agency, at

24 a minimum, shall require that the principal of each

25 elementary school and secondary school operating a
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1 program under section 1114 or 1115 annually attest

2 in writing as to whether each such school is in com3 pliance with the requirements of this section.

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

5 of the annual certification described in paragraph

6 (1)—

7 ‘‘(A) shall be maintained at each elemen8 tary school and secondary school operating a

9 program under section 1114 or 1115 and at the

10 main office of the local educational agency; and

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

12 the general public upon request.’’.

13 SEC. 113. PROFESSIONAL DEVELOPMENT.

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

15 amended—

16 (1) by amending subsection (a) to read as fol17 lows:

18 ‘‘(a) PURPOSE.—The purpose of this section is to as19 sist each local educational agency receiving assistance

20 under this part in increasing the academic achievement

21 of eligible children (as identified under section

22 1115(b)(1)(B)) (in this section referred to as eligible chil23 dren) through improved teacher quality.’’;

24 (2) in subsection (b)—
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1 (A) by amending paragraph (1) to read as

2 follows:

3 ‘‘(1) REQUIRED ACTIVITIES.—Each local edu4 cational agency receiving assistance under this part

5 shall provide professional development activities

6 under this section that shall—

7 ‘‘(A) give teachers, principals, paraprofes8 sionals, and administrators the knowledge and

9 skills to provide eligible children with the oppor10 tunity to meet challenging State or local con11 tent standards and student performance stand12 ards;

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

14 training of fully qualified teachers, including

15 teachers fully qualified through State and local

16 alternative routes;

17 ‘‘(C) advance teacher understanding of ef18 fective instructional strategies, based on sci19 entifically based research, for improving eligible

20 children achievement, at a minimum, in mathe21 matics, science, and English language arts;

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

23 and content areas in which the teacher provides

24 instruction;
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1 ‘‘(E) be designed to enhance the ability of

2 a teacher to understand and use the State’s

3 standards for the subject area in which the

4 teacher provides instruction;

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

6 that demonstrates the effectiveness of such pro7 fessional development activities or programs in

8 increasing eligible children achievement or sub9 stantially increasing the knowledge and teach10 ing skills of teachers;

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

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

13 and conferences) to have a positive and lasting

14 impact on the teacher’s performance in the

15 classroom, except that this subparagraph shall

16 not apply to an activity if such activity is one

17 component of a long-term comprehensive pro18 fessional development plan established by the

19 teacher and the teacher’s supervisor based upon

20 an assessment of their needs, their eligible chil21 dren’s needs, and the needs of the local edu22 cational agency;

23 ‘‘(H) be developed with extensive participa24 tion of teachers, principals, parents, administra-
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1 tors of schools, and local school boards of

2 schools to be served under this part;

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

4 training for teachers in the use of technology so

5 that technology and its applications are effec6 tively used in the classroom to improve teaching

7 and learning in the curricula and academic con8 tent areas in which the teachers provide in9 struction;

10 ‘‘(J) as a whole, be regularly evaluated for

11 such activities’ impact on increased teacher ef12 fectiveness and improved student achievement,

13 with the findings of such evaluations used to

14 improve the quality of professional development;

15 and

16 ‘‘(K) include strategies for identifying and

17 eliminating gender and racial bias in instruc18 tional materials, methods, and practices.’’;

19 (B) in paragraph (2)—

20 (i) in subparagraph (A), by inserting

21 ‘‘and data to inform and instruct class22 room practice’’ before the semicolon;

23 (ii) by striking subparagraphs (D)

24 and (G);
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1 (iii) by redesignating subparagraphs

2 (E), (F), (H), and (I), as subparagraphs

3 (D), (E), (F) and (G), respectively; and

4 (iv) by inserting after subparagraph

5 (G) (as redesignated by clause (iii)) the

6 following new subparagraph:

7 ‘‘(H) instruction in the ways that teachers,

8 principals, and guidance counselors can work

9 with parents and students from groups, such as

10 females and minorities, that are underrep11 resented in careers in mathematics, science, en12 gineering, and technology, to encourage and

13 maintain the interest of such students in those

14 careers.’’;

15 (3) by striking subsections (f) through (i); and

16 (4) by adding after subsection (e) the following:

17 ‘‘(f) CONSOLIDATION OF FUNDS.—Funds provided

18 under this part that are used for professional development

19 purposes may be consolidated with funds provided under

20 title II of this Act and other sources.

21 ‘‘(g) DEFINITION.—The term ‘fully qualified’ has the

22 same meaning given such term in section 2001(1).

23 ‘‘(h) SPECIAL RULE.—

24 ‘‘(1) IN GENERAL.—No State educational agen25 cy shall require a local educational agency or ele-
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1 mentary school or secondary school to expend a spe2 cific amount of funds for professional development

3 activities under this part.

4 ‘‘(2) EXCEPTION.—Paragraph (1) shall not

5 apply with respect to requirements under section

6 1116(d)(9).’’.

7 SEC. 114. FISCAL REQUIREMENTS.

8 Section 1120A(a) (20 U.S.C. 6322(a)) is amended by

9 striking ‘‘section 14501’’ and inserting ‘‘section 8501’’.

10 SEC. 115. COORDINATION REQUIREMENTS.

11 Section 1120B (20 U.S.C. 6323) is amended—

12 (1) in subsection (a), by striking ‘‘to the extent

13 feasible’’ and all that follows through the period and

14 inserting ‘‘in coordination with local Head Start

15 agencies, and if feasible, other early childhood devel16 opment programs.’’;

17 (2) in subsection (b)—

18 (A) in paragraph (3) by striking ‘‘and’’

19 after the semicolon;

20 (B) in paragraph (4) by striking the period

21 and inserting ‘‘; and’’; and

22 (C) by adding at the end, the following:

23 ‘‘(5) linking the educational services provided in

24 such local educational agency with the services pro25 vided in local Head Start agencies.’’.
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1 SEC. 116. GRANTS FOR THE OUTLYING AREAS AND THE

2 SECRETARY OF THE INTERIOR.

3 Section 1121 (20 U.S.C. 6331) is amended to read

4 as follows:

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

6 SECRETARY OF THE INTERIOR.

7 ‘‘(a) RESERVATION OF FUNDS.—From the amount

8 appropriated for payments to States for any fiscal year

9 under section 1002(a), the Secretary shall reserve a total

10 of 1 percent to provide assistance to—

11 ‘‘(1) the outlying areas in the amount deter12 mined in accordance with subsection (b); and

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

14 necessary to make payments pursuant to subsection

15 (d).

16 ‘‘(b) ASSISTANCE TO OUTLYING AREAS.—

17 ‘‘(1) GRANTS AUTHORIZED.—From the amount

18 made available for a fiscal year under subsection (a),

19 the Secretary shall award grants to the outlying

20 areas and freely associated States to carry out the

21 purposes of this part.

22 ‘‘(2) COMPETITIVE GRANTS.—For each of fiscal

23 years 2001 and 2002, the Secretary shall ensure

24 that grants are awarded under this subsection on a

25 competitive basis in accordance with paragraph (3).
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1 ‘‘(3) REQUIREMENTS AND LIMITATION FOR

2 COMPETITIVE GRANTS.—

3 ‘‘(A) RECOMMENDATIONS.—The Secretary

4 shall award grants under this subsection on the

5 basis of the recommendations of the Pacific Re6 gion Educational Laboratory in Honolulu, Ha7 waii.

8 ‘‘(B) TERMINATION OF ELIGIBILITY.—

9 Notwithstanding any other provision of law, the

10 freely associated States shall not be eligible to

11 receive funds under this part after September

12 30, 2001.

13 ‘‘(C) ADMINISTRATIVE COSTS.—The Sec14 retary may provide that not more than 5 per15 cent of the amount reserved for grants under

16 this subsection will be used to pay the adminis17 trative costs of the Pacific Region Educational

18 Laboratory for services provided under subpara19 graph (A).

20 ‘‘(4) SPECIAL RULE.—The provisions of Public

21 Law 95–134 (91 Stat. 1159) that permit the con22 solidation of grants by the outlying areas shall not

23 apply to funds provided to the freely associated

24 States under this subsection.
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1 ‘‘(5) FUNDING.—The amount reserved by the

2 Secretary to award grants under this subsection

3 shall not exceed the amount reserved under this sec4 tion (as this section existed on the day prior to the

5 date of enactment of the Education Reform Act) for

6 the freely associated States for fiscal year 1999.

7 ‘‘(6) DEFINITIONS.—In this subsection and

8 subsection (a):

9 ‘‘(A) FREELY ASSOCIATED STATES.—The

10 term ‘freely associated States’ means the Re11 public of the Marshall Islands, the Federated

12 States of Micronesia, and the Republic of

13 Palau.

14 ‘‘(B) OUTLYING AREA.—The term ‘out15 lying area’ means the United States Virgin Is16 lands, Guam, American Samoa, and the Com17 monwealth of the Northern Mariana Islands.

18 ‘‘(c) ALLOTMENT TO THE SECRETARY OF THE INTE19 RIOR.—

20 ‘‘(1) IN GENERAL.—The amount allotted for

21 payments to the Secretary of the Interior under sub22 section (a)(2) for any fiscal year shall be, as deter23 mined pursuant to criteria established by the Sec24 retary, the amount necessary to meet the special

25 educational needs of—
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1 ‘‘(A) Indian children on reservations served

2 by elementary and secondary schools for Indian

3 children operated or supported by the Depart4 ment of the Interior; and

5 ‘‘(B) out-of-State Indian children in ele6 mentary and secondary schools in local edu7 cational agencies under special contracts with

8 the Department of the Interior.

9 ‘‘(2) PAYMENTS.—From the amount allotted

10 for payments to the Secretary of the Interior under

11 subsection (a)(2), the Secretary of the Interior shall

12 make payments to local educational agencies, upon

13 such terms as the Secretary determines will best

14 carry out the purposes of this part, with respect to

15 out-of-State Indian children described in paragraph

16 (1). The amount of such payment may not exceed,

17 for each such child, the greater of—

18 ‘‘(A) 40 percent of the average per pupil

19 expenditure in the State in which the agency is

20 located; or

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

22 United States.’’.

23 SEC. 117. AMOUNTS FOR GRANTS.

24 Section 1122 (20 U.S.C. 6332) is amended to read

25 as follows:
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1 ‘‘SEC. 1122. AMOUNTS FOR BASIC GRANTS, CONCENTRA2 TION GRANTS, AND TARGETED GRANTS.

3 ‘‘(a) ALLOCATION FORMULA.—

4 ‘‘(1) ALLOCATION TO STATES.—Of the amount

5 appropriated to carry out this part for each of fiscal

6 years 2002 through 2006 (each such year, as appro7 priate, shall be referred to in this subsection as the

8 ‘current fiscal year’), the amount to be allocated to

9 States for a fiscal year based on population data for

10 local educational agencies in such States, shall be

11 equal to the sum of—

12 ‘‘(A) an amount equal to the sum of—

13 ‘‘(i) the amount made available to

14 carry out section 1124 (as such section ex15 isted on the day prior to the date of enact16 ment of the Education Reform Act) for fis17 cal year 1999; and

18 ‘‘(ii) 21.25 percent of the amount, if

19 any, by which the amount appropriated

20 under section 1002(a) for the current fis21 cal year exceeds the amount appropriated

22 under such section (as such section existed

23 on the day prior to the date of enactment

24 of the Education Reform Act) for fiscal

25 year 2000, to be allocated in accordance

26 with section 1124;
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1 ‘‘(B) an amount equal to the sum of—

2 ‘‘(i) the amount made available to

3 carry out section 1124A (as such section

4 existed on the day prior to the date of en5 actment of the Education Reform Act) for

6 fiscal year 2000; and

7 ‘‘(ii) 3.75 percent of the amount, if

8 any, by which the amount appropriated

9 under section 1002(a) for the current fis10 cal year exceeds the amount appropriated

11 under such section (as such section existed

12 on the day prior to the date of enactment

13 of the Education Reform Act) for fiscal

14 year 2000, to be allocated in accordance

15 with section 1124A; and

16 ‘‘(C) an amount equal to 75 percent of the

17 amount, if any, by which the amount appro18 priated under section 1002(a) for the current

19 fiscal year exceeds the amount appropriated

20 under such section (as such section existed on

21 the day prior to the date of enactment of the

22 Education Reform Act) for fiscal year 2000, to

23 be allocated in accordance with section 1125.

24 ‘‘(2) ALLOCATION TO LOCAL EDUCATIONAL

25 AGENCIES.—Of the total amounts allocated to a
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1 State under this part for each of fiscal years 2002

2 and 2003, 96.5 percent shall be allocated by the

3 State educational agency to local educational agen4 cies, and for each of fiscal years 2004 through 2006,

5 95.5 percent shall be allocated to local educational

6 agencies, of which—

7 ‘‘(A) 75 percent shall be allocated in ac8 cordance with section 1125;

9 ‘‘(B) 21.25 percent shall be allocated in ac10 cordance with section 1124; and

11 ‘‘(C) 3.75 percent shall be allocated in ac12 cordance with section 1124A.

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

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

16 this part for any fiscal year are insufficient to pay

17 the full amounts that all States and local edu18 cational agencies are eligible to receive under sec19 tions 1124, 1124A, and 1125 for such fiscal year,

20 the Secretary shall ratably reduce the allocations to

21 such States and local educational agencies, subject

22 to subsections (c) and (d).

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

24 become available for making payments under sec25 tions 1124, 1124A, and 1125 for such fiscal year,
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1 allocations that were reduced under paragraph (1)

2 shall be increased on the same basis as they were re3 duced.

4 ‘‘(c) HOLD-HARMLESS AMOUNTS.—

5 ‘‘(1) GRANTS TO STATES.—The total amount

6 allocated to each State under this part in each fiscal

7 year shall not be less than the amount allocated to

8 each State in the preceding fiscal year.

9 ‘‘(2) GRANTS TO LOCAL EDUCATIONAL AGEN10 CIES.—The total amount allocated to each local edu11 cational agency under this part in each fiscal year

12 shall not be less than the amount allocated to each

13 local educational 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 2001, 75.0 percent;

10 ‘‘(ii) for fiscal year 2002, 77.5 per11 cent;

12 ‘‘(iii) for fiscal year 2003, 80.0 per13 cent;

14 ‘‘(iv) for fiscal year 2004, 82.5 per15 cent; and

16 ‘‘(v) for fiscal year 2005, 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 2002,

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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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 Education Reform Act’’ after

25 ‘‘2252’’.
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1 SEC. 132. APPLICATIONS.

2 Section 1207(c)(1)(F) (20 U.S.C. 6367(c)(1)(F)) is

3 amended by striking ‘‘the Goals 2000’’ and all that follows

4 through the period and inserting ‘‘or other Acts, as appro5 priate, consistent with section 8305.’’.

6 SEC. 133. RESEARCH.

7 Section 1211(b) (20 U.S.C. 6396b(b)) is amended to

8 read as follows:

9 ‘‘(b) DISSEMINATION.—The Secretary shall dissemi10 nate, or designate another entity to disseminate, the re11 sults of the research described in subsection (a) to States

12 and recipients of subgrants under this part.’’.

13 PART C—EDUCATION OF MIGRATORY CHILDREN

14 SEC. 141. COMPREHENSIVE NEEDS ASSESSMENT AND SERV15 ICE-DELIVERY PLAN; AUTHORIZED ACTIVI16 TIES.

17 Section 1306(a)(1) (20 U.S.C. 6369(a)(1)) is

18 amended—

19 (1) in subparagraph (A), by striking ‘‘the Goals

20 2000’’ and all that follows through the period and

21 inserting ‘‘or other Acts, as appropriate, consistent

22 with section 8305;’’;

23 (2) in subparagraph (B), by striking ‘‘section

24 14302’’ and inserting ‘‘section 8302’’; and
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1 (3) in subparagraph (F), by striking ‘‘bilingual

2 education’’ and all that follows and inserting ‘‘lan3 guage instruction programs under title III; and’’.

4 PART D—PREVENTION AND INTERVENTION PRO5 GRAMS FOR CHILDREN AND YOUTH WHO

6 ARE NEGLECTED, DELINQUENT, OR AT RISK

7 OF DROPPING OUT

8 SEC. 151. STATE PLAN AND STATE AGENCY APPLICATIONS.

9 Section 1414 (20 U.S.C. 6434) is amended—

10 (1) in subsection (a)(1), by striking ‘‘the Goals

11 2000’’ and all that follows through the period and

12 inserting ‘‘or other Acts, as appropriate, consistent

13 with section 8305.’’; and

14 (2) in subsection (c)—

15 (A) in paragraph (6), by striking ‘‘section

16 14701’’ and inserting ‘‘section 8701’’; and

17 (B) in paragraph (7), by striking ‘‘section

18 14501’’ and inserting ‘‘section 8501’’.

19 SEC. 152. USE OF FUNDS.

20 Section 1415(a)(2)(D) (20 U.S.C. 6435(a)(2)(D)) is

21 amended by striking ‘‘section 14701’’ and inserting ‘‘sec22 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) RELATION TO OTHER FEDERAL FUNDING.—

19 Funds received under this part by a State educational

20 agency or an eligible local educational agency shall not be

21 taken into consideration in determining the eligibility for,

22 or amount of, any other Federal funding awarded to such

23 agencies.
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1 ‘‘SEC. 1604. APPLICATIONS.

2 ‘‘(a) IN GENERAL.—Each State educational agency

3 desiring a grant under section 1603 and eligible local edu4 cational agency desiring a grant under section 1603(c)

5 shall submit an application to the Secretary at such time,

6 in such manner, and accompanied by such information as

7 the Secretary may require.

8 ‘‘(b) CONTENTS.—Each application submitted under

9 subsection (a) shall—

10 ‘‘(1) specify annual, measurable performance

11 goals and objectives, at a minimum, with respect

12 to—

13 ‘‘(A) increased student academic achieve14 ment;

15 ‘‘(B) decreased gaps in achievement be16 tween minority and non-minority students, and

17 between economically disadvantaged and non18 economically disadvantaged students; and

19 ‘‘(C) other factors that the State edu20 cational agency or eligible local educational

21 agency may choose to measure;

22 ‘‘(2) describe how the State educational agency

23 or eligible local educational agency will hold local

24 educational agencies and elementary schools or sec25 ondary schools receiving funds under this part ac-
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1 countable for meeting the annual, measurable goals

2 and objectives;

3 ‘‘(3) describe how the State educational agency

4 or eligible local educational agency will provide tech5 nical assistance for a local educational agency, an el6 ementary school, or a secondary school that does not

7 meet the annual, measurable goals and objectives;

8 and

9 ‘‘(4) describe how the State educational agency

10 or eligible local educational agency will take action

11 against a local educational agency, an elementary

12 school, or a secondary school, if the local educational

13 agency or school fails, over 2 consecutive years, to

14 meet the annual, measurable goals and objectives.

15 ‘‘SEC. 1605. WITHIN-STATE ALLOCATIONS.

16 ‘‘(a) ALLOCATIONS.—A State educational agency

17 shall award grants under this part to eligible local edu18 cational agencies within the State according to a formula

19 developed by the State educational agency and approved

20 by the Secretary.

21 ‘‘(b) USES OF FUNDS.—Grant funds awarded to eli22 gible local educational agencies or made available to ele23 mentary schools and secondary schools under this section

24 shall be used for—
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1 ‘‘(1) educational technology, including software

2 and hardware;

3 ‘‘(2) professional development;

4 ‘‘(3) technical assistance;

5 ‘‘(4) recruitment and retention of fully qualified

6 teachers, as defined in title II, and highly qualified

7 principals;

8 ‘‘(5) parental involvement activities; or

9 ‘‘(6) academic enrichment or other education

10 programs.

11 ‘‘(c) RESERVATION OF ADMINISTRATIVE FUNDS.—

12 ‘‘(1) FIRST YEAR.—For the first year that a

13 State educational agency receives a grant under this

14 part, the agency—

15 ‘‘(A) shall use not less than 99 percent of

16 the grant funds to award grants to eligible local

17 educational agencies in the State; and

18 ‘‘(B) may use not more than 1 percent for

19 State activities and the administrative costs of

20 carrying out this part.

21 ‘‘(2) SUCCEEDING YEARS.—For the second and

22 each succeeding year that a State educational agen23 cy receives a grant under this part, the agency—
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1 ‘‘(A) shall use not less than 99.5 percent

2 of the grant funds to award grants to eligible

3 local educational agencies in the State; and

4 ‘‘(B) may use not more than 0.5 percent of

5 the grant funds for State activities and the ad6 ministrative costs of carrying out this part.

7 ‘‘SEC. 1606. ACCOUNTABILITY.

8 The Secretary, at the end of the third year that a

9 State educational agency or an eligible local educational

10 agency receiving a direct award under section 1603(c) par11 ticipates in the program under this part, shall permit only

12 those State educational agencies and eligible local edu13 cational agencies that meet their annual, measurable goals

14 and objectives for 2 consecutive years to receive grant

15 funds for the fourth or fifth fiscal years of the program

16 under this part.

17 ‘‘SEC. 1607. REPORTS.

18 ‘‘(a) STATE REPORTS.—Each State educational

19 agency that receives a grant under this part shall provide

20 an annual report to the Secretary. The report shall

21 describe—

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

23 used to award grants to eligible local educational

24 agencies and to provide assistance to elementary

25 schools and secondary schools under this part;
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1 ‘‘(2) how eligible local educational agencies and

2 elementary schools and secondary schools within the

3 State used the grant funds provided under this part;

4 and

5 ‘‘(3) the degree to which progress has been

6 made toward meeting the annual, measurable goals

7 and objectives described in the State application.

8 ‘‘(b) REPORTS FROM ELIGIBLE LOCAL EDU9 CATIONAL AGENCIES.—Each eligible local educational

10 agency receiving a grant under section 1603(c) shall pro11 vide an annual report to the Secretary. Such report shall

12 describe—

13 ‘‘(1) how such agency used the grant funds pro14 vided under this part;

15 ‘‘(2) the degree to which progress has been

16 made toward meeting the annual, measurable goals

17 and objectives described in the eligible local edu18 cational agency’s application; and

19 ‘‘(3) how the local educational agency coordi20 nated funds received under this part with other Fed21 eral, State, and local funds.

22 ‘‘(c) REPORT TO CONGRESS.—The Secretary shall

23 prepare and submit to Congress an annual report setting

24 forth the information provided to the Secretary pursuant

25 to subsections (a) and (b).
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1 ‘‘(d) STUDY.—The Comptroller General of the United

2 States shall conduct a study regarding the impact of as3 sistance provided under this part on student achievement,

4 and shall submit such study to Congress.

5 ‘‘SEC. 1608. AUTHORIZATION OF APPROPRIATIONS.

6 ‘‘There are authorized to be appropriated to carry out

7 this part $200,000,000 for fiscal year 2002 and such sums

8 as may be necessary for each of the 4 succeeding fiscal

9 years.’’.

10 PART G—GENERAL PROVISIONS

11 SEC. 181. FEDERAL REGULATIONS.

12 Section 1701(b)(4) (20 U.S.C. 6511(b)(4)) (as redes13 ignated by section 161(2)) is amended by striking ‘‘July

14 1, 1995’’ and inserting ‘‘May 1, 2000’’.

15 SEC. 182. STATE ADMINISTRATION.

16 Section 1703 (20 U.S.C. 6513) (as redesignated by

17 section 161(2)) is amended by striking subsection (c).

18 TITLE II—TEACHER AND PRIN19 CIPAL QUALITY, PROFES20 SIONAL DEVELOPMENT, AND

21 CLASS SIZE

22 SEC. 201. TEACHER AND PRINCIPAL QUALITY, PROFES23 SIONAL DEVELOPMENT, AND CLASS SIZE.

24 Title II (20 U.S.C. 6601 et seq.) is amended to read

25 as follows:
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1 ‘‘TITLE II—TEACHER AND PRIN2 CIPAL QUALITY, PROFES3 SIONAL DEVELOPMENT, AND

4 CLASS SIZE

5 ‘‘SEC. 2001. PURPOSE.

6 ‘‘The purpose of this title is to provide grants to

7 State educational agencies and local educational agencies

8 in order to assist their efforts to increase student academic

9 achievement through such strategies as improving teacher

10 and principal quality, increasing professional development,

11 and decreasing class size.

12 ‘‘SEC. 2002. DEFINITIONS.

13 ‘‘In this title:

14 ‘‘(1) FULLY QUALIFIED.—The term ‘fully quali15 fied’ means—

16 ‘‘(A) in the case of an elementary 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 subject matter

4 knowledge, teaching knowledge, and the

5 teaching skills required to teach effectively

6 reading, writing, mathematics, science, so7 cial studies, and other elements of a liberal

8 arts education; and

9 ‘‘(B) in the case of a secondary school

10 teacher (other than a teacher teaching in a pub11 lic charter school), a teacher who, at a

12 minimum—

13 ‘‘(i) has obtained State certification

14 (which may include certification obtained

15 through alternative means), or a State li16 cense, to teach in the State in which the

17 teacher teaches;

18 ‘‘(ii) holds a bachelor’s degree from

19 an institution of higher education; and

20 ‘‘(iii) demonstrates a high level of

21 competence in all subject areas in which

22 the teacher teaches through—

23 ‘‘(I) completion of an academic

24 major (or courses totaling an equiva25 lent number of credit hours) in each
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1 of the subject areas in which the

2 teacher provides instruction;

3 ‘‘(II) achievement of a high level

4 of performance in other professional

5 employment experience in subject

6 areas relevant to the subject areas in

7 which the teacher provides instruc8 tion; or

9 ‘‘(III) achievement of a high level

10 of performance on rigorous academic

11 subject area tests administered by the

12 State in which the teacher teaches.

13 ‘‘(2) INSTITUTION OF HIGHER EDUCATION.—

14 The term ‘institution of higher education’ means an

15 institution of higher education, as defined in section

16 101 of the Higher Education Act of 1965, that—

17 ‘‘(A) has not been identified as low per18 forming under section 208 of the Higher Edu19 cation Act of 1965; and

20 ‘‘(B) is in full compliance with the public

21 reporting requirements described in section 207

22 of the Higher Education Act of 1965.

23 ‘‘(3) OUTLYING AREA.—The term ‘outlying

24 area’ means the United States Virgin Islands,
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1 Guam, American Samoa, and the Commonwealth of

2 the Northern Mariana Islands.

3 ‘‘(4) POVERTY LINE.—The term ‘poverty line’

4 means the poverty line (as defined by the Office of

5 Management and Budget, and revised annually in

6 accordance with section 673(2) of the Community

7 Services Block Grant Act) applicable to a family of

8 the size involved, for the most recent year.

9 ‘‘(5) SCHOOL-AGE POPULATION.—The term

10 ‘school-age population’ means the population aged 5

11 through 17, as determined on the basis of the most

12 recent satisfactory data.

13 ‘‘(6) STATE.—The term ‘State’ means each of

14 the several States in the United States, the District

15 of Columbia, and the Commonwealth of Puerto Rico.

16 ‘‘PART A—TEACHER AND PRINCIPAL QUALITY

17 AND PROFESSIONAL DEVELOPMENT

18 ‘‘SEC. 2011. PROGRAM AUTHORIZED.

19 ‘‘(a) GRANTS AUTHORIZED.—The Secretary shall

20 award a grant, from allotments made under subsection

21 (b), to each State having a State plan approved under sec22 tion 2013, to enable the State to raise the quality of, and

23 provide professional development opportunities for, public

24 elementary school and secondary school teachers, prin25 cipals, and administrators.
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1 ‘‘(b) RESERVATIONS AND ALLOTMENTS.—

2 ‘‘(1) RESERVATIONS.—From the amount appro3 priated under section 2023 to carry out this part for

4 each fiscal year, the Secretary shall reserve—

‘‘(A) 1 5 ⁄2 of 1 percent of such amount for

6 payments to the Bureau of Indian Affairs for

7 activities, approved by the Secretary, consistent

8 with this part;

‘‘(B) 1 9 ⁄2 of 1 percent of such amount for

10 payments to outlying areas, to be allotted in ac11 cordance with their respective needs as deter12 mined by the Secretary, for activities, approved

13 by the Secretary, consistent with this part; and

14 ‘‘(C) such sums as may be necessary to

15 continue to support any multiyear partnership

16 program award made under parts A, C, and D

17 (as such parts were in effect on the day pre18 ceding the date of enactment of the Education

19 Reform Act) until the termination of the

20 multiyear award.

21 ‘‘(2) STATE ALLOTMENTS.—From the amount

22 appropriated under section 2023 for a fiscal year

23 and remaining after the Secretary makes reserva24 tions under paragraph (1), the Secretary shall allot
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1 to each State having a State plan approved under

2 section 2013 the sum of—

3 ‘‘(A) an amount that bears the same rela4 tionship to 50 percent of the remainder as the

5 school-age population from families with in6 comes below the poverty line in the State bears

7 to the school-age population from families with

8 incomes below the poverty line in all States; and

9 ‘‘(B) an amount that bears the same rela10 tionship to 50 percent of the remainder as the

11 school-age population in the State bears to the

12 school-age population in all States.

13 ‘‘(c) STATE MINIMUM.—For any fiscal year, no State

14 shall be allotted under this section an amount that is less

than 1 15 ⁄2 of 1 percent of the total amount allotted to all

16 States under subsection (b)(2).

17 ‘‘(d) HOLD-HARMLESS AMOUNTS.—For fiscal year

18 2002, notwithstanding subsection (b)(2), the amount al19 lotted to each State under this section shall be not less

20 than 100 percent of the total amount the State was allot21 ted under part B (as such part was in effect on the day

22 preceding the date of enactment of the Education Reform

23 Act) for the preceding fiscal year.

24 ‘‘(e) RATABLE REDUCTIONS.—If the sums made

25 available under subsection (b)(2) for any fiscal year are
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1 insufficient to pay the full amounts that all States are eli2 gible to receive under subsection (d) for such year, the

3 Secretary shall ratably reduce such amounts for such year.

4 ‘‘SEC. 2012. WITHIN STATE ALLOCATION.

5 ‘‘(a) IN GENERAL.—Each State educational agency

6 for a State receiving a grant under section 2011(a) shall—

7 ‘‘(1) set aside 10 percent of the grant funds to

8 award educator partnership grants under section

9 2021;

10 ‘‘(2) set aside not more than 5 percent of the

11 grant funds to carry out activities described the

12 State plan submitted under section 2013; and

13 ‘‘(3) using the remaining 85 percent of the

14 grant funds, make subgrants by allocating to each

15 local educational agency in the State the sum of—

16 ‘‘(A) an amount that bears the same rela17 tionship to 60 percent of the remainder as the

18 school-age population from families with in19 comes below the poverty line in the area served

20 by the local educational agency bears to the

21 school-age population from families with in22 comes below the poverty line in the area served

23 by all local educational agencies in the State;

24 and
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1 ‘‘(B) an amount that bears the same rela2 tionship to 40 percent of the remainder as the

3 school-age population in the area served by the

4 local educational agency bears to the school-age

5 population in the area served by all local edu6 cational agencies in the State.

7 ‘‘(b) HOLD-HARMLESS AMOUNTS.—

8 ‘‘(1) FISCAL YEAR 2002.—For fiscal year 2002,

9 notwithstanding subsection (a), the amount allocated

10 to each local educational agency under this section

11 shall be not less than 100 percent of the total

12 amount the local educational agency was allocated

13 under this title (as in effect on the day preceding the

14 date of enactment of the Education Reform Act) for

15 fiscal year 2001.

16 ‘‘(2) FISCAL YEAR 2003.—For fiscal year 2003,

17 notwithstanding subsection (a), the amount allocated

18 to each local educational agency under this section

19 shall be not less than 85 percent of the amount allo20 cated to the local educational agency under this sec21 tion for fiscal year 2002.

22 ‘‘(3) FISCAL YEARS 2004–2006.—For each of fis23 cal years 2004 through 2006, notwithstanding sub24 section (a), the amount allocated to each local edu25 cational agency under this section shall be not less
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1 than 70 percent of the amount allocated to the local

2 educational agency under this section for the pre3 vious fiscal year.

4 ‘‘(c) RATABLE REDUCTIONS.—If the sums made

5 available under subsection (a)(3) for any fiscal year are

6 insufficient to pay the full amounts that all local edu7 cational agencies are eligible to receive under subsection

8 (b) for such year, the State educational agency shall rat9 ably reduce such amounts for such year.

10 ‘‘SEC. 2013. STATE PLANS.

11 ‘‘(a) PLAN REQUIRED.—

12 ‘‘(1) COMPREHENSIVE STATE PLAN.—The enti13 ty or agency responsible for teacher certification or

14 licensing under the laws of the State desiring a

15 grant under this part shall submit a State plan to

16 the Secretary at such time, in such manner, and ac17 companied by such information as the Secretary may

18 require. If the State educational agency is not the

19 entity or agency designated under the laws of the

20 State as responsible for teacher certification or li21 censing in the State, then the plan shall be devel22 oped in consultation with the State educational

23 agency. The entity or agency shall provide annual

24 evidence of such consultation to the Secretary.
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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) CONTENTS.—Each plan submitted under sub5 section (a) shall—

6 ‘‘(1) describe how the State is taking reasonable

7 steps to—

8 ‘‘(A) reform teacher certification, recertifi9 cation, or licensure requirements to ensure

10 that—

11 ‘‘(i) teachers have the necessary

12 teaching skills and academic content

13 knowledge in the academic subjects in

14 which the teachers are assigned to teach;

15 ‘‘(ii) such requirements are aligned

16 with the challenging State content stand17 ards;

18 ‘‘(iii) teachers have the knowledge and

19 skills necessary to help students meet the

20 challenging State student performance

21 standards;

22 ‘‘(iv) such requirements take into ac23 count the need, as determined by the

24 State, for greater access to, and participa25 tion in, the teaching profession by individ-
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1 uals from historically underrepresented

2 groups; and

3 ‘‘(v) teachers have the necessary tech4 nological skills to integrate more effectively

5 technology in the teaching of content re6 quired by State and local standards in all

7 academic subjects in which the teachers

8 provide instruction;

9 ‘‘(B) develop and implement rigorous test10 ing procedures for teachers, as required in sec11 tion 2002(1)(A), to ensure that new teachers

12 have teaching skills and academic content

13 knowledge necessary to teach effectively the

14 content called for by State and local standards

15 in all academic subjects in which the teachers

16 provide instruction;

17 ‘‘(C) establish, expand, or improve alter18 native routes to State certification of teachers,

19 especially in the areas of mathematics and

20 science, for highly qualified individuals with a

21 baccalaureate degree, including mid-career pro22 fessionals form other occupations, paraprofes23 sionals, former military personnel, and recent

24 college or university graduates who have

25 records of academic distinction and who dem-
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1 onstrate the potential to become highly effective

2 teachers;

3 ‘‘(D) reduce emergency teacher certifi4 cation;

5 ‘‘(E) develop and implement effective pro6 grams, and provide financial assistance, to as7 sist local educational agencies, elementary

8 schools, and secondary schools in effectively re9 cruiting and retaining fully qualified teachers

10 and principals, particularly in schools that have

11 the lowest proportion of fully qualified teachers

12 or the highest proportion of low-performing stu13 dents;

14 ‘‘(F) provide professional development pro15 grams that meet the requirements described in

16 section 2019;

17 ‘‘(G) provide programs that are designed

18 to assist new teachers during their first 3 years

19 of teaching, such as mentoring programs that—

20 ‘‘(i) provide mentoring to new teach21 ers from veteran teachers with expertise in

22 the same subject matter as the new teach23 ers are teaching;

24 ‘‘(ii) provide mentors time for activi25 ties such as coaching, observing, and as-
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1 sisting teachers who are being mentored;

2 and

3 ‘‘(iii) use standards or assessments

4 that are consistent with the State’s student

5 performance standards and the require6 ments for professional development activi7 ties described in section 2019 in order to

8 guide the new teachers;

9 ‘‘(H) provide technical assistance to local

10 educational agencies in developing and imple11 menting activities described in section 2018;

12 and

13 ‘‘(I) ensure that programs in core aca14 demic subjects, particularly in mathematics and

15 science, will take into account the need for

16 greater access to, and participation in, such

17 core academic subjects by students from histori18 cally underrepresented groups, including fe19 males, minorities, individuals with limited

20 English proficiency, the economically disadvan21 taged, and individuals with disabilities, by in22 corporating pedagogical strategies and tech23 niques that meet such students’ educational

24 needs;
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1 ‘‘(2) describe the activities for which assistance

2 is sought under the grant, and how such activities

3 will improve students’ academic achievement and

4 close academic achievement gaps of low-income, mi5 nority, and limited English proficient students;

6 ‘‘(3) describe how the State will establish an7 nual numerical performance objectives under section

8 2014 for improving the qualifications of teachers

9 and the professional development of teachers, prin10 cipals, and administrators;

11 ‘‘(4) contain an assurance that the State con12 sulted with local educational agencies, education-re13 lated community groups, nonprofit organizations,

14 parents, teachers, school administrators, local school

15 boards, institutions of higher education in the State,

16 and content specialists in establishing the perform17 ance objectives described in section 2014;

18 ‘‘(5) describe how the State will hold local edu19 cational agencies, elementary schools, and secondary

20 schools accountable for meeting the performance ob21 jectives described in section 2014 and for reporting

22 annually on the local educational agencies’ and

23 schools’ progress in meeting the performance objec24 tives;
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1 ‘‘(6) describe how the State will ensure that a

2 local educational agency receiving a subgrant under

3 section 2012 will comply with the requirements of

4 this part;

5 ‘‘(7) provide an assurance that the State will

6 require each local educational agency, elementary

7 school, or secondary school receiving funds under

8 this part to report publicly the local educational

9 agency’s or school’s annual progress with respect to

10 the performance objectives described in section

11 2014; and

12 ‘‘(8) describe how the State will coordinate pro13 fessional development activities authorized under

14 this part with professional development activities

15 provided under other Federal, State, and local pro16 grams, including programs authorized under titles I

17 and III and, where appropriate, the Individuals with

18 Disabilities Education Act and the Carl D. Perkins

19 Vocational and Technical Education Act of 1998.

20 ‘‘(c) SECRETARY APPROVAL.—The Secretary shall,

21 using a peer review process, approve a State plan if the

22 plan meets the requirements of this section.

23 ‘‘(d) DURATION OF THE PLAN.—

24 ‘‘(1) IN GENERAL.—Each State plan shall—
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1 ‘‘(A) remain in effect for the duration of

2 the State’s participation under this part; and

3 ‘‘(B) be periodically reviewed and revised

4 by the State, as necessary, to reflect changes to

5 the State’s strategies and programs carried out

6 under this part.

7 ‘‘(2) ADDITIONAL INFORMATION.—If a State

8 receiving a grant under this part makes significant

9 changes to the State plan, such as the adoption of

10 new performance objectives, the State shall submit

11 information regarding the significant changes to the

12 Secretary.

13 ‘‘SEC. 2014. PERFORMANCE OBJECTIVES.

14 ‘‘(a) IN GENERAL.—Each State receiving a grant

15 under this part shall establish annual numerical perform16 ance objectives with respect to progress in improving the

17 qualifications of teachers and the professional development

18 of teachers, principals, and administrators. For each an19 nual numerical performance objective established, the

20 State shall specify an incremental percentage increase for

21 the objective to be attained for each of the fiscal years

22 for which the State receives a grant under this part, rel23 ative to the preceding fiscal year.

24 ‘‘(b) REQUIRED OBJECTIVES.—At a minimum, the

25 annual numerical performance objectives described in sub-
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1 section (a) shall include an incremental increase in the

2 percentage of—

3 ‘‘(1) classes in core academic subjects that are

4 being taught by fully qualified teachers;

5 ‘‘(2) new teachers and principals receiving pro6 fessional development support, including mentoring

7 for teachers, during the teachers’ first 3 years of

8 teaching;

9 ‘‘(3) teachers, principals, and administrators

10 participating in high quality professional develop11 ment programs that are consistent with section

12 2019; and

13 ‘‘(4) fully qualified teachers teaching in the

14 State, to ensure that all teachers teaching in such

15 State are fully qualified by December 31, 2006.

16 ‘‘(c) REQUIREMENT FOR FULLY QUALIFIED TEACH17 ERS.—Each State receiving a grant under this part shall

18 ensure that all public elementary school and secondary

19 school teachers in the State are fully qualified not later

20 than December 31, 2005.

21 ‘‘(d) ACCOUNTABILITY.—

22 ‘‘(1) IN GENERAL.—Each State receiving a

23 grant under this part shall be held accountable for—

24 ‘‘(A) meeting the State’s annual numerical

25 performance objectives; and
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1 ‘‘(B) meeting the reporting requirements

2 described in section 4401.

3 ‘‘(2) SANCTIONS.—Any State that fails to meet

4 the requirement described in paragraph (1)(A) shall

5 be subject to sanctions under section 7001.

6 ‘‘(e) COORDINATION.—Each State that receives a

7 grant under this part and a grant under section 202 of

8 the Higher Education Act of 1965 shall coordinate the

9 activities the State carries out under such section 202 with

10 the activities the State carries out under this section.

11 ‘‘SEC. 2015. OPTIONAL ACTIVITIES.

12 ‘‘Each State receiving a grant under section 2011(a)

13 may use the grant funds—

14 ‘‘(1) to develop and implement a system to

15 measure the effectiveness of specific professional de16 velopment programs and strategies;

17 ‘‘(2) to increase the portability of teacher pen18 sions and reciprocity of teaching certification or li19 censure among States, except that no reciprocity

20 agreement developed under this section may lead to

21 the weakening of any State teacher certification or

22 licensing requirement;

23 ‘‘(3) to develop or assist local educational agen24 cies in the development and utilization of proven, in25 novative strategies to deliver intensive professional
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1 development programs that are cost effective and

2 easily accessible, such as programs offered through

3 the use of technology and distance learning;

4 ‘‘(4) to provide assistance to local educational

5 agencies for the development and implementation of

6 innovative professional development programs that

7 train teachers to use technology to improve teaching

8 and learning and that are consistent with the re9 quirements of section 2019;

10 ‘‘(5) to provide professional development to en11 able teachers to ensure that female students, minor12 ity students, limited English proficient students, stu13 dents with disabilities, and economically disadvan14 taged students have the full opportunity to achieve

15 challenging State content and performance stand16 ards in the core academic subjects;

17 ‘‘(6) to increase the number of women, minori18 ties, and individuals with disabilities who teach in

19 the State and who are fully qualified and provide in20 struction in core academic subjects in which such in21 dividuals are underrepresented; and

22 ‘‘(7) to increase the number of highly qualified

23 women, minorities, and individuals from other

24 underrepresented groups who are involved in the ad-
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1 ministration of elementary schools and secondary

2 schools within the State.

3 ‘‘SEC. 2016. STATE ADMINISTRATIVE EXPENSES.

4 ‘‘Each State receiving a grant under section 2011(a)

5 may use not more than 5 percent of the amount set aside

6 in section 2012(a)(2) for the cost of—

7 ‘‘(1) planning and administering the activities

8 described in section 2013(b); and

9 ‘‘(2) making subgrants to local educational

10 agencies under section 2012.

11 ‘‘SEC. 2017. LOCAL PLANS.

12 ‘‘(a) IN GENERAL.—Each local educational agency

13 desiring a grant from the State under section 2012(a)(3)

14 shall submit a local plan to the State educational agency—

15 ‘‘(1) at such time, in such manner, and accom16 panied by such information as the State educational

17 agency may require; and

18 ‘‘(2) that describes how the local educational

19 agency will coordinate the activities for which assist20 ance is sought under this part with other programs

21 carried out under this Act, or other Acts, as appro22 priate.

23 ‘‘(b) LOCAL PLAN CONTENTS.—The local plan de24 scribed in subsection (a) shall, at a minimum—
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1 ‘‘(1) describe how the local educational agency

2 will use the grant funds to meet the State perform3 ance objectives for teacher qualifications and profes4 sional development described in section 2014;

5 ‘‘(2) describe how the local educational agency

6 will hold elementary schools and secondary schools

7 accountable for meeting the requirements described

8 in this part;

9 ‘‘(3) contain an assurance that the local edu10 cational agency will target funds to elementary

11 schools and secondary schools served by the local

12 educational agency that—

13 ‘‘(A) have the lowest proportion of fully

14 qualified teachers; and

15 ‘‘(B) are identified for school improvement

16 under section 1116;

17 ‘‘(4) describe how the local educational agency

18 will coordinate professional development activities

19 authorized under section 2018(a) with professional

20 development activities provided through other Fed21 eral, State, and local programs, including those au22 thorized under titles I and III and, where applicable,

23 the Individuals with Disabilities Education Act and

24 the Carl D. Perkins Vocational and Technical Edu25 cation Act of 1998; and
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1 ‘‘(5) describe how the local educational agency

2 has collaborated with teachers, principals, parents,

3 and administrators in the preparation of the local

4 plan.

5 ‘‘SEC. 2018. LOCAL ACTIVITIES.

6 ‘‘(a) IN GENERAL.—Each local educational agency

7 receiving a grant under section 2012(a)(3) shall use the

8 grant funds to—

9 ‘‘(1) support professional development activities,

10 consistent with section 2019, for—

11 ‘‘(A) teachers, in at least the areas of

12 reading, mathematics, and science; and

13 ‘‘(B) teachers, principals, and administra14 tors in order to provide such individuals with

15 the knowledge and skills to provide all students,

16 including female students, minority students,

17 limited English proficient students, students

18 with disabilities, and economically disadvan19 taged students, with the opportunity to meet

20 challenging State content and student perform21 ance standards;

22 ‘‘(2) provide professional development to teach23 ers, principals, and administrators to enhance the

24 use of technology within elementary schools and sec-
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1 ondary schools in order to deliver more effective cur2 ricula instruction;

3 ‘‘(3) recruit and retain fully qualified teachers

4 and highly qualified principals, particularly for ele5 mentary schools and secondary schools located in

6 areas with high percentages of low-performing stu7 dents and students from families below the poverty

8 line;

9 ‘‘(4) recruit and retain fully qualified teachers

10 and high quality principals to serve in the elemen11 tary schools and secondary schools with the highest

12 proportion of low-performing students, such as

13 through—

14 ‘‘(A) mentoring programs for newly hired

15 teachers, including programs provided by mas16 ter teachers, and for newly hired principals; and

17 ‘‘(B) programs that provide other incen18 tives, including financial incentives, to retain—

19 ‘‘(i) teachers who have a record of

20 success in helping low-performing students

21 improve those students’ academic success;

22 and

23 ‘‘(ii) principals who have a record of

24 improving the performance of all students,

25 or significantly narrowing the gaps be-
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1 tween minority students and nonminority

2 students, and economically disadvantaged

3 students and noneconomically disadvan4 taged students, within the elementary

5 schools or secondary schools served by the

6 principals; and

7 ‘‘(5) provide professional development that in8 corporates effective strategies, techniques, methods,

9 and practices for meeting the educational needs of

10 diverse groups of students, including female stu11 dents, minority students, students with disabilities,

12 limited English proficient students, and economically

13 disadvantaged students.

14 ‘‘(b) OPTIONAL ACTIVITIES.—Each local educational

15 agency receiving a grant under section 2012(a)(3) may

16 use the subgrant funds—

17 ‘‘(1) to provide a signing bonus or other finan18 cial incentive, such as differential pay for—

19 ‘‘(A) a teacher to teach in an academic

20 subject for which there exists a shortage of fully

21 qualified teachers within the elementary school

22 or secondary school in which the teacher teach23 es or within the elementary schools and sec24 ondary schools served by the local educational

25 agency; or
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1 ‘‘(B) a highly qualified principal in a

2 school in which there is a large percentage of

3 children—

4 ‘‘(i) from low-income families; or

5 ‘‘(ii) with high percentages of low-per6 formance scores on State assessments;

7 ‘‘(2) to establish programs that—

8 ‘‘(A) recruit professionals into teaching

9 from other fields and provide such professionals

10 with alternative routes to teacher certification,

11 especially in the areas of mathematics, science,

12 and English language arts; and

13 ‘‘(B) provide increased teaching and ad14 ministration opportunities for fully qualified fe15 males, minorities, individuals with disabilities,

16 and other individuals underrepresented in the

17 teaching or school administration professions;

18 ‘‘(3) to establish programs and activities that

19 are designed to improve the quality of the teacher

20 and principal force, such as innovative professional

21 development programs (which may be provided

22 through partnerships, including partnerships with

23 institutions of higher education), and including pro24 grams that—
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1 ‘‘(A) train teachers and principals to uti2 lize technology to improve teaching and learn3 ing; and

4 ‘‘(B) are consistent with the requirements

5 of section 2019;

6 ‘‘(4) to provide collaboratively designed per7 formance pay systems for teachers and principals

8 that encourage teachers and principals to work to9 gether to raise student performance;

10 ‘‘(5) to establish professional development pro11 grams that provide instruction in how to teach chil12 dren with different learning styles, particularly chil13 dren with disabilities and children with special learn14 ing needs (including children who are gifted and tal15 ented);

16 ‘‘(6) to establish professional development pro17 grams that provide instruction in how best to dis18 cipline children in the classroom, and to identify

19 early and appropriate interventions to help children

20 described in paragraph (5) learn;

21 ‘‘(7) to provide professional development pro22 grams that provide instruction in how to teach char23 acter education in a manner that—

24 ‘‘(A) reflects the values of parents, teach25 ers, and local communities; and
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1 ‘‘(B) incorporates elements of good char2 acter, including honesty, citizenship, courage,

3 justice, respect, personal responsibility, and

4 trustworthiness;

5 ‘‘(8) to provide scholarships or other incentives

6 to assist teachers in attaining national board certifi7 cation;

8 ‘‘(9) to support activities designed to provide ef9 fective professional development for teachers of lim10 ited English proficient students; and

11 ‘‘(10) to establish other activities designed—

12 ‘‘(A) to improve professional development

13 for teachers, principals, and administrators that

14 are consistent with section 2019; and

15 ‘‘(B) to recruit and retain fully qualified

16 teachers and highly qualified principals.

17 ‘‘(c) ADMINISTRATIVE EXPENSES.—Each local edu18 cational agency receiving a grant under section 2012(a)(3)

19 may use not more than 1.5 percent of the grant funds

20 for any fiscal year for the cost of administering activities

21 under this part.

22 ‘‘SEC. 2019. PROFESSIONAL DEVELOPMENT FOR TEACHERS.

23 ‘‘(a) LIMITATION RELATING TO CURRICULUM AND

24 CONTENT AREAS.—
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1 ‘‘(1) IN GENERAL.—Except as provided in para2 graph (2), a local educational agency may not use

3 grant funds allocated under section 2012(a)(3) to

4 support a professional development activity for a

5 teacher that is not—

6 ‘‘(A) directly related to the curriculum for

7 which and content areas in which the teacher

8 provides instruction; or

9 ‘‘(B) designed to enhance the ability of the

10 teacher to understand and use the State’s chal11 lenging content standards for the academic sub12 ject in which the teacher provides instruction.

13 ‘‘(2) EXCEPTION.—Paragraph (1) shall not

14 apply to professional development activities that pro15 vide instruction in methods of disciplining children.

16 ‘‘(b) PROFESSIONAL DEVELOPMENT ACTIVITY.—A

17 professional development activity carried out under this

18 part shall—

19 ‘‘(1) be measured, in terms of progress de20 scribed in section 2014(a), using the specific per21 formance indicators established by the State in ac22 cordance with section 2014;

23 ‘‘(2) be tied to challenging State or local con24 tent standards and student performance standards;
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1 ‘‘(3) be tied to scientifically based research

2 demonstrating the effectiveness of such activities in

3 increasing student achievement or substantially in4 creasing the knowledge and teaching skills of teach5 ers;

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

7 (such as not to include 1-day or short-term work8 shops and conferences) to have a positive and lasting

9 impact on teachers’ performance in the classroom,

10 except that this paragraph shall not apply to an ac11 tivity that is 1 component described in a long-term

12 comprehensive professional development plan estab13 lished by a teacher and the teacher’s supervisor, and

14 based upon an assessment of the needs of the teach15 er, the teacher’s students, and the local educational

16 agency;

17 ‘‘(5) be developed with extensive participation

18 of teachers, principals, parents, administrators, and

19 local school boards of elementary schools and sec20 ondary schools to be served under this part, and in21 stitutions of higher education in the State, and, with

22 respect to any professional development program de23 scribed in paragraph (6) or (7) of section 2018(b),

24 shall, if applicable, be developed with extensive co25 ordination with, and participation of, professionals
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1 with expertise in such type of professional develop2 ment;

3 ‘‘(6) to the extent appropriate, provide training

4 for teachers regarding using technology and applying

5 technology effectively in the classroom to improve

6 teaching and learning concerning the curriculum and

7 academic content areas, in which those teachers pro8 vide instruction; and

9 ‘‘(7) be directly related to the content areas in

10 which the teachers provide instruction and the State

11 content standards.

12 ‘‘(c) ACCOUNTABILITY.—

13 ‘‘(1) IN GENERAL.—A State shall notify a local

14 educational agency that the agency may be subject

15 to the action described in paragraph (3) if, after any

16 fiscal year, the State determines that the programs

17 or activities funded by the agency under this part

18 fail to meet the requirements of subsections (a) and

19 (b).

20 ‘‘(2) TECHNICAL ASSISTANCE.—A local edu21 cational agency that has received notification pursu22 ant to paragraph (1) may request technical assist23 ance from the State and an opportunity for such

24 local educational agency to comply with the require25 ments of subsections (a) and (b).
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1 ‘‘(3) STATE EDUCATIONAL AGENCY ACTION.—If

2 a State educational agency determines that a local

3 educational agency failed to carry out the local edu4 cational agency’s responsibilities under this section,

5 the State educational agency shall take such action

6 as the agency determines to be necessary, consistent

7 with this section, to provide, or direct the local edu8 cational agency to provide, high-quality professional

9 development for teachers, principals, and adminis10 trators.

11 ‘‘SEC. 2020. PARENTS’ RIGHT TO KNOW.

12 ‘‘Each local educational agency receiving a grant

13 under section 2012(a)(3) shall meet the reporting require14 ments with respect to teacher qualifications described in

15 section 4401(h).

16 ‘‘SEC. 2021. STATE REPORTS AND GAO STUDY.

17 ‘‘(a) STATE REPORTS.—Each State educational

18 agency receiving a grant under this part shall annually

19 provide a report to the Secretary describing—

20 ‘‘(1) the progress the State is making in in21 creasing the percentages of fully qualified teachers

22 in the State to ensure that all teachers are fully

23 qualified not later than December 31, 2006, includ24 ing information regarding—
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1 ‘‘(A) the percentage increase over the pre2 vious fiscal year in the number of fully qualified

3 teachers teaching in elementary schools and

4 secondary schools served by local educational

5 agencies receiving funds under title I; and

6 ‘‘(B) the percentage increase over the pre7 vious fiscal year in the number of core classes

8 being taught by fully qualified teachers in ele9 mentary schools and secondary schools being

10 served under title I;

11 ‘‘(2) the activities undertaken by the State edu12 cational agency and local educational agencies in the

13 State to attract and retain fully qualified teachers,

14 especially in geographic areas and content subject

15 areas in which a shortage of such teachers exist; and

16 ‘‘(3) the approximate percentage of Federal,

17 State, local, and nongovernmental resources being

18 expended to carry out activities described in para19 graph (2).

20 ‘‘(b) GAO STUDY.—Not later than September 30,

21 2005, the Comptroller General of the United States shall

22 prepare and submit to the Committee on Education and

23 the Workforce of the House of Representatives and the

24 Committee on Health, Education, Labor, and Pensions of

25 the Senate a study setting forth information regarding the
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1 progress of States’ compliance in increasing the percent2 age of fully qualified teachers, as defined in section

3 2002(1), for fiscal years 2001 through 2004.

4 ‘‘SEC. 2021. EDUCATOR PARTNERSHIP GRANTS.

5 ‘‘(a) SUBGRANTS.—

6 ‘‘(1) IN GENERAL.—A State receiving a grant

7 under section 2011(a) shall award subgrants, on a

8 competitive basis, from amounts made available

9 under section 2012(a)(1), to local educational agen10 cies, elementary schools, or secondary schools that

11 have formed educator partnerships, for the design

12 and implementation of programs that will enhance

13 professional development opportunities for teachers,

14 principals, and administrators, and will increase the

15 number of fully qualified teachers.

16 ‘‘(2) ALLOCATIONS.—A State awarding sub17 grants under this subsection shall allocate the

18 subgrant funds on a competitive basis and in a man19 ner that results in an equitable distribution of the

20 subgrant funds by geographic areas within the

21 State.

22 ‘‘(3) ADMINISTRATIVE EXPENSES.—Each edu23 cator partnership receiving a subgrant under this

24 subsection may use not more than 5 percent of the

25 subgrant funds for any fiscal year for the cost of
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1 planning and administering programs under this sec2 tion.

3 ‘‘(b) EDUCATOR PARTNERSHIPS.—An educator part4 nership described in subsection (a) includes a cooperative

5 arrangement between—

6 ‘‘(1) a public elementary school or secondary

7 school (including a charter school), or a local edu8 cational agency; and

9 ‘‘(2) 1 or more of the following:

10 ‘‘(A) An institution of higher education.

11 ‘‘(B) An educational service agency.

12 ‘‘(C) A public or private not-for-profit edu13 cation organization.

14 ‘‘(D) A for-profit education organization.

15 ‘‘(E) An entity from outside the traditional

16 education arena, including a corporation or con17 sulting firm.

18 ‘‘(c) USE OF FUNDS.—An educator partnership re19 ceiving a subgrant under this section shall use the

20 subgrant funds for—

21 ‘‘(1) developing and enhancing of professional

22 development activities for teachers in core academic

23 subjects to ensure that the teachers have content

24 knowledge in the academic subjects in which the

25 teachers provide instruction;
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1 ‘‘(2) developing and providing assistance to

2 local educational agencies and elementary schools

3 and secondary schools for sustained, high-quality

4 professional development activities for teachers, prin5 cipals, and administrators, that—

6 ‘‘(A) ensure that teachers, principals, and

7 administrators are able to use State content

8 standards, performance standards, and assess9 ments to improve instructional practices and

10 student achievement; and

11 ‘‘(B) may include intensive programs de12 signed to prepare a teacher who participates in

13 such a program to provide professional develop14 ment instruction to other teachers within the

15 participating teacher’s school;

16 ‘‘(3) increasing the number of fully qualified

17 teachers available to provide high-quality education

18 to limited English proficient students by—

19 ‘‘(A) working with institutions of higher

20 education that offer degree programs, to attract

21 more people into such programs, and to prepare

22 better new, English language teachers to pro23 vide effective language instruction to limited

24 English proficient students; and
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1 ‘‘(B) supporting development and imple2 mentation of professional development pro3 grams for language instruction teachers to im4 prove the language proficiency of limited

5 English proficient students;

6 ‘‘(4) developing and implementing professional

7 development activities for principals and administra8 tors to enable the principals and administrators to

9 be effective school leaders and to improve student

10 achievement on challenging State content and stu11 dent performance standards, including professional

12 development relating to—

13 ‘‘(A) leadership skills;

14 ‘‘(B) recruitment, assignment, retention,

15 and evaluation of teachers and other staff;

16 ‘‘(C) effective instructional practices, in17 cluding the use of technology; and

18 ‘‘(D) parental and community involvement;

19 and

20 ‘‘(5) providing activities that enhance profes21 sional development opportunities for teachers, prin22 cipals, and administrators or will increase the num23 ber of fully qualified teachers.

24 ‘‘(d) APPLICATION REQUIRED.—Each educator part25 nership desiring a subgrant under this section shall submit
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1 an application to the appropriate State educational agency

2 at such time, in such manner, and accompanied by such

3 information as the State educational agency may reason4 ably require.

5 ‘‘(e) COORDINATION.—Each educator partnership

6 that receives a subgrant under this section and a grant

7 under section 203 of the Higher Education Act of 1965

8 shall coordinate the activities carried out under such sec9 tion 203 with any related activities carried out under this

10 section.

11 ‘‘SEC. 2023. AUTHORIZATION OF APPROPRIATIONS.

12 ‘‘There are authorized to be appropriated to carry out

13 this part $1,700,000,000 for fiscal year 2002 and such

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

15 fiscal years.

16 ‘‘PART B—CLASS SIZE REDUCTION

17 ‘‘SEC. 2031. FINDINGS.

18 ‘‘Congress makes the following findings:

19 ‘‘(1) Rigorous research has shown that students

20 attending small classes in the early grades make

21 more rapid educational gains than students in larger

22 classes, and that those gains persist through at least

23 the eighth grade.

24 ‘‘(2) The benefits of smaller classes are greatest

25 for lower-achieving, minority, poor, and inner-city
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1 children, as demonstrated by a study that found that

2 urban fourth graders in smaller-than-average classes

were 3 3 ⁄4 of a school year ahead of their counterparts

4 in larger-than-average classes.

5 ‘‘(3) Teachers in small classes can provide stu6 dents with more individualized attention, spend more

7 time on instruction and less time on other tasks, and

8 cover more material effectively, and are better able

9 to work with parents to further their children’s edu10 cation, than teachers in large classes.

11 ‘‘(4) Smaller classes allow teachers to identify

12 and work with students who have learning disabil13 ities sooner than is possible with larger classes, po14 tentially reducing those students’ needs for special

15 education services in the later grades.

16 ‘‘(5) The National Research Council report,

17 ‘Preventing Reading Difficulties in Young Children’,

18 recommends reducing class sizes, accompanied by

19 providing high-quality professional development for

20 teachers, as a strategy for improving student

21 achievement in reading.

22 ‘‘(6) Efforts to improve educational outcomes

23 by reducing class sizes in the early grades are likely

24 to be successful only if well-qualified teachers are

25 hired to fill additional classroom positions, and if
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1 teachers receive intensive, ongoing professional de2 velopment.

3 ‘‘(7) Several States and school districts have

4 begun serious efforts to reduce class sizes in the

5 early elementary school grades, but those efforts

6 may be impeded by financial limitations or difficul7 ties in hiring highly qualified teachers.

8 ‘‘(8) The Federal Government can assist in

9 those efforts by providing funding for class size re10 ductions in grades 1 through 3, and by helping to

11 ensure that both new and current teachers who are

12 moving into smaller classrooms are well prepared.

13 ‘‘SEC. 2032. PURPOSE.

14 ‘‘The purpose of this part is to help States and local

15 educational agencies recruit, train, and hire 100,000 addi16 tional teachers in order to—

17 ‘‘(1) reduce nationally class size in grades 1

18 through 3 to an average of 18 students per regular

19 classroom; and

20 ‘‘(2) improve teaching in the early elementary

21 school grades so that all students can learn to read

22 independently and well by the end of the third

23 grade.
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1 ‘‘SEC. 2033. ALLOTMENTS TO STATES.

2 ‘‘(a) RESERVATIONS FOR THE OUTLYING AREAS AND

3 THE BUREAU OF INDIAN AFFAIRS.—From the amount

4 appropriated under section 2042 for any fiscal year, the

5 Secretary shall reserve a total of not more than 1 percent

6 to make payments to—

7 ‘‘(1) outlying areas, on the basis of their respec8 tive needs, for activities, approved by the Secretary,

9 consistent with this part; and

10 ‘‘(2) the Secretary of the Interior for activities

11 approved by the Secretary of Education, consistent

12 with this part, in schools operated or supported by

13 the Bureau of Indian Affairs, on the basis of their

14 respective needs.

15 ‘‘(b) ALLOTMENTS TO STATES.—

16 ‘‘(1) IN GENERAL.—From the amount appro17 priated under section 2042 for a fiscal year and re18 maining after the Secretary makes reservations

19 under subsection (a), the Secretary shall make

20 grants by allotting to each State having a State ap21 plication approved under section 2034(c) an amount

22 that bears the same relationship to the remainder as

23 the greater of the amounts that the State received

24 in the preceding fiscal year under sections 1122 and

25 2202(b) (as such sections were in effect on the day

26 preceding the date of enactment of the Education
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1 Reform Act) bears to the total of the greater

2 amounts that all States received under such sections

3 for the preceding fiscal year.

4 ‘‘(2) RATABLE REDUCTION.—If the sums made

5 available under paragraph (1) for any fiscal year are

6 insufficient to pay the full amounts that all States

7 are eligible to receive under paragraph (1) for such

8 year, the Secretary shall ratably reduce such

9 amounts for such year.

10 ‘‘(3) REALLOTMENT.—If any State chooses not

11 to participate in the program carried out under this

12 part, or fails to submit an approvable application

13 under this part, the Secretary shall reallot the

14 amount that such State would have received under

15 paragraphs (1) and (2) to States having applications

16 approved under section 2034(c), in accordance with

17 paragraphs (1) and (2).

18 ‘‘SEC. 2034. APPLICATIONS.

19 ‘‘(a) APPLICATIONS REQUIRED.—The State edu20 cational agency for each State desiring a grant under this

21 part shall submit an application to the Secretary at such

22 time, in such form, and containing such information as

23 the Secretary may require.

24 ‘‘(b) CONTENTS.—The application shall include—
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1 ‘‘(1) a description of the State’s goals for using

2 funds under this part to reduce average class sizes

3 in regular classrooms in grades 1 through 3, includ4 ing a description of class sizes in those classrooms,

5 for each local educational agency in the State (as of

6 the date of submission of the application);

7 ‘‘(2) a description of how the State educational

8 agency will allocate program funds made available

9 through the grant within the State;

10 ‘‘(3) a description of how the State will use

11 other funds, including other Federal funds, to re12 duce class sizes and to improve teacher quality and

13 reading achievement within the State; and

14 ‘‘(4) an assurance that the State educational

15 agency will submit to the Secretary such reports and

16 information as the Secretary may reasonably re17 quire.

18 ‘‘(c) APPROVAL OF APPLICATIONS.—The Secretary

19 shall approve a State application submitted under this sec20 tion if the application meets the requirements of this sec21 tion and holds reasonable promise of achieving the purpose

22 of this part.

23 ‘‘SEC. 2035. WITHIN-STATE ALLOCATIONS.

24 ‘‘(a) ALLOCATIONS TO LOCAL EDUCATIONAL AGEN25 CIES.—Each State receiving a grant under this part for
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1 any fiscal year may reserve not more than 1 percent of

2 the grant funds for the cost of administering this part

3 and, using the remaining funds, shall make subgrants by

4 allocating to each local educational agency in the State

5 the sum of—

6 ‘‘(1) an amount that bears the same relation7 ship to 80 percent of the remainder as the school8 age population from families with incomes below the

9 poverty line in the area served by the local edu10 cational agency bears to the school-age population

11 from families with incomes below the poverty line in

12 the area served by all local educational agencies in

13 the State; and

14 ‘‘(2) an amount that bears the same relation15 ship to 20 percent of the remainder as the enroll16 ment of the school-age population in public and pri17 vate nonprofit elementary schools and secondary

18 schools in the area served by the local educational

19 agency bears to the enrollment of the school-age

20 population in public and private nonprofit elemen21 tary schools and secondary schools in the area

22 served by all local educational agencies in the State.

23 ‘‘(b) REALLOCATION.—If any local educational agen24 cy chooses not to participate in the program carried out

25 under this part, or fails to submit an approvable applica-
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1 tion under this part, the State educational agency shall

2 reallocate the amount such local educational agency would

3 have received under subsection (a) to local educational

4 agencies having applications approved under section

5 2036(b), in accordance with subsection (a).

6 ‘‘SEC. 2036. LOCAL APPLICATIONS.

7 ‘‘(a) IN GENERAL.—Each local educational agency

8 desiring a subgrant under section 2035(a) shall submit an

9 application to the appropriate State educational agency at

10 such time, in such form, and containing such information

11 as the State educational agency may require, including a

12 description of the local educational agency’s program to

13 reduce class sizes by hiring additional highly qualified

14 teachers.

15 ‘‘(b) APPROVAL OF APPLICATIONS.—The State edu16 cational agency shall approve a local agency application

17 submitted under subsection (a) if the application meets

18 the requirements of subsection (a) and holds reasonable

19 promise of achieving the purpose of this part.

20 ‘‘SEC. 2037. USES OF FUNDS.

21 ‘‘(a) ADMINISTRATIVE EXPENSES.—Each local edu22 cational agency receiving a subgrant under section

23 2035(a) may use not more than 3 percent of the subgrant

24 funds for any fiscal year for the cost of administering this

25 part.
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1 ‘‘(b) RECRUITMENT, TEACHER TESTING, AND PRO2 FESSIONAL DEVELOPMENT.—

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

4 agency receiving subgrant funds under this section

5 shall use such subgrant funds to carry out effective

6 approaches to reducing class size with fully qualified

7 teachers who are certified within the State (includ8 ing teachers certified through State or local alter9 native routes) and who demonstrate competency in

10 the areas in which the teachers provide instruction,

11 to improve educational achievement for both regular

12 and special needs children, with particular consider13 ation given to reducing class size in the early ele14 mentary grades.

15 ‘‘(2) LOCAL ACTIVITIES.—

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

17 agency receiving subgrant funds under this sec18 tion may use such subgrant funds for—

19 ‘‘(i) recruiting (including through the

20 use of signing bonuses, and other financial

21 incentives), hiring, and training fully quali22 fied regular and special education teachers

23 (which may include hiring special edu24 cation teachers to team-teach with regular

25 teachers in classrooms that contain both
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1 children with disabilities and non-disabled

2 children) and teachers of special-needs

3 children, who are certified within the

4 State, including teachers who are certified

5 through State or local alternative routes,

6 have a bachelor’s degree, and demonstrate

7 the general knowledge, teaching skills, and

8 subject matter knowledge required to teach

9 in the content areas in which the teachers

10 provide instruction;

11 ‘‘(ii) testing new teachers for aca12 demic content knowledge and satisfaction

13 of State certification requirements con14 sistent with title II of the Higher Edu15 cation Act of 1965; and

16 ‘‘(iii) providing professional develop17 ment (which may include such activities as

18 promoting retention and mentoring) to

19 teachers, including special education teach20 ers and teachers of special-needs children,

21 in order to meet the goal of ensuring that

22 all instructional staff have the subject mat23 ter knowledge, teaching knowledge, and

24 teaching skills necessary to teach effec25 tively in the content area or areas in which
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1 they provide instruction, consistent with

2 title II of the Higher Education Act of

3 1965.

4 ‘‘(B) LIMITATIONS.—

5 ‘‘(i) IN GENERAL.—Except as pro6 vided in clause (ii), a local educational

7 agency may use not more than a total of

8 25 percent of the award received under

9 this section for activities described in sub10 paragraph (A)(ii) and (iii).

11 ‘‘(ii) ED-FLEX.—

12 ‘‘(I) WAIVER.—A local edu13 cational agency located in a State des14 ignated as an Ed-Flex Partnership

15 State under section 4(a)(1)(B) of the

16 Education Flexibility Partnership Act

17 of 1999, and in which 10 percent or

18 more of teachers in elementary

19 schools, as defined by section

20 8101(14), have not met applicable

21 State and local certification require22 ments (including certification through

23 State or local alternative routes), or if

24 such requirements have been waived,

25 may apply to the State educational
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1 agency for a waiver that would permit

2 the agency to use more than 25 per3 cent of the funds it receives under this

4 section for activities described in sub5 paragraph (A)(iii) for the purpose of

6 helping teachers to become certified.

7 ‘‘(II) APPROVAL.—If the State

8 educational agency approves the local

9 educational agency’s application for a

10 waiver under subclause (I), the local

11 educational agency may use the funds

12 subject to the waiver for activities de13 scribed in subparagraph (A)(iii) that

14 are needed to ensure that at least 90

15 percent of the teachers in elementary

16 schools within the State are certified.

17 ‘‘(C) ADDITIONAL USES.—

18 ‘‘(i) IN GENERAL.—A local edu19 cational agency that has already reduced

20 class size in the early grades to 18 or less

21 children (or has already reduced class size

22 to a State or local class size reduction goal

23 that was in effect on the day before the en24 actment of the Department of Education

25 Appropriations Act, 2000, if that State or
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1 local educational agency goal is 20 or

2 fewer children) may use funds received

3 under this section—

4 ‘‘(I) to make further class size

5 reductions in grades kindergarten

6 through 3;

7 ‘‘(II) to reduce class size in other

8 grades; or

9 ‘‘(III) to carry out activities to

10 improve teacher quality, including

11 professional development.

12 ‘‘(ii) PROFESSIONAL DEVELOP13 MENT.—If a local educational agency has

14 already reduced class size in the early

15 grades to 18 or fewer children and intends

16 to use funds provided under this Part to

17 carry out professional development activi18 ties, including activities to improve teacher

19 quality, then the State shall make the

20 award under section 2035 to the local edu21 cational agency.

22 ‘‘(c) SPECIAL RULE.—Notwithstanding subsection

23 (b), if the award to a local educational agency under sec24 tion 2035 is less than the starting salary for a new fully

25 qualified teacher teaching in a school served by that agen-
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1 cy, and such teacher is certified within the State (which

2 may include certification through State or local alternative

3 routes), has a bachelor’s degree, and demonstrates the

4 general knowledge, teaching skills, and subject matter

5 knowledge required to teach in the content areas the

6 teacher is assigned to provide instruction, then the agency

7 may use grant funds under this part to—

8 ‘‘(1) help pay the salary of a full- or part-time

9 teacher hired to reduce class size, which may be in

10 combination with other Federal, State, or local

11 funds; or

12 ‘‘(2) pay for activities described in subsection

13 (b), which may be related to teaching in smaller

14 classes.

15 ‘‘SEC. 2038. PRIVATE SCHOOLS.

16 ‘‘If a local educational agency uses funds made avail17 able under this Part for professional development activi18 ties, the local educational agency shall ensure the equitable

19 participation of private nonprofit elementary schools and

20 secondary schools in such activities.

21 ‘‘SEC. 2039. TEACHER SALARIES AND BENEFITS.

22 ‘‘A local educational agency may use grant funds pro23 vided under this part—

24 ‘‘(1) except as provided in paragraph (2), to in25 crease the salaries of, or provide benefits (other than
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1 participation in professional development and enrich2 ment programs) to, teachers only if such teachers

3 were hired under this part; and

4 ‘‘(2) to pay the salaries of teachers hired under

5 section 307 of the Department of Education Appro6 priations Act of 1999 who, not later than the begin7 ning of the 2001–2002 school year, are fully quali8 fied, as defined in section 2002(1).

9 ‘‘SEC. 2040. STATE REPORT REQUIREMENTS.

10 ‘‘(a) REPORT ON ACTIVITIES.—A State educational

11 agency receiving funds under this part shall submit a re12 port to the Secretary providing information about the ac13 tivities in the State assisted under this part.

14 ‘‘(b) REPORT TO PARENTS.—Each State educational

15 agency and local educational agency receiving funds under

16 this part shall publicly issue a report to parents of children

17 who attend schools assisted under this part describing—

18 ‘‘(1) the agency’s progress in reducing class

19 size;

20 ‘‘(2) the agency’s progress in increasing the

21 percentage of classes in core academic areas that are

22 taught by fully qualified teachers who are certified

23 within the State and demonstrate competency in the

24 content areas in which the teachers provide instruc25 tion; and
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1 ‘‘(3) the impact, if any, that hiring additional

2 highly qualified teachers and reducing class size has

3 had on increasing student academic achievement in

4 schools served by the agency.

5 ‘‘(c) PROFESSIONAL QUALIFICATIONS REPORT.—

6 Upon the request of a parent of a child attending a school

7 receiving assistance under this part, such school shall pro8 vide the parent with information regarding the profes9 sional qualifications of their child’s teacher.

10 ‘‘SEC. 2041. SUPPLEMENT NOT SUPPLANT.

11 ‘‘Each local educational agency receiving grant funds

12 under this part shall use such funds only to supplement,

13 and not to supplant, State and local funds that, in the

14 absence of such funds, would otherwise be spent for activi15 ties under this part.

16 ‘‘SEC. 2042. AUTHORIZATION OF APPROPRIATIONS.

17 ‘‘For the purpose of carrying out this part, there are

18 authorized to be appropriated $1,400,000,000 for fiscal

19 year 2001, and such sums as may be necessary for each

20 of the 4 succeeding fiscal years.’’.
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1 TITLE III—LANGUAGE MINORITY

2 STUDENTS AND INDIAN, NA3 TIVE HAWAIIAN, AND ALASKA

4 NATIVE EDUCATION

5 SEC. 301. LANGUAGE MINORITY STUDENTS.

6 Title III (20 U.S.C. 6801 et seq.) is amended—

7 (1) by amending the heading for title III to

8 read as follows:

9 ‘‘TITLE III—LANGUAGE MINOR10 ITY STUDENTS AND INDIAN,

11 NATIVE HAWAIIAN, AND ALAS12 KA NATIVE EDUCATION’’;

13 (2) by repealing section 3101 (20 U.S.C. 6801)

14 and part A (20 U.S.C. 6811 et seq.); and

15 (3) by inserting after the heading for title III

16 (as amended by paragraph (1)) the following:

17 ‘‘Subtitle A—Language Minority

18 Students

19 ‘‘SEC. 3101. FINDINGS, POLICY, AND PURPOSE.

20 ‘‘(a) FINDINGS.—Congress makes the following find21 ings:

22 ‘‘(1)(A) Educating limited English proficient

23 students is an urgent goal for many local edu24 cational agencies, but that goal is not being

25 achieved.
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1 ‘‘(B) Each year, 640,000 limited English pro2 ficient students are not served by any sort of pro3 gram targeted to the students’ unique needs.

4 ‘‘(C) In 1998, only 15 percent of local edu5 cational agencies that applied for funding under en6 hancement grants and comprehensive school grants

7 received such funding.

8 ‘‘(2)(A) The school dropout rate for Hispanic

9 students, the largest group of limited English pro10 ficient students, is approximately 25 percent, and is

11 approximately 46 percent for Hispanic students born

12 outside of the United States.

13 ‘‘(B) A United States Department of Education

14 report regarding school dropout rates states that

15 language difficulty ‘may be a barrier to participation

16 in United States schools’.

17 ‘‘(C) Reading ability is a key predictor of grad18 uation and academic success.

19 ‘‘(3) Through fiscal year 1999, bilingual edu20 cation capacity and demonstration grants—

21 ‘‘(A) have spread funding too broadly to

22 make an impact on language instruction edu23 cational programs implemented by State edu24 cational agencies and local educational agencies;

25 and
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1 ‘‘(B) have lacked concrete performance

2 measures.

3 ‘‘(4)(A) Since 1979, the number of limited

4 English proficient children in schools in the United

5 States has doubled, and demographic trends indicate

6 the population of limited English proficient children

7 will continue to increase.

8 ‘‘(B) Language-minority Americans speak vir9 tually all world languages plus many that are indige10 nous to the United States.

11 ‘‘(C) The rich linguistic diversity language-mi12 nority students bring to America’s classrooms en13 hances the learning environment for all students and

14 should be valued for the significant, positive impact

15 such diversity has on the entire school environment.

16 ‘‘(D) Parent and community participation in

17 educational language programs for limited English

18 proficient students contributes to program effective19 ness.

20 ‘‘(E) The Federal Government, as reflected in

21 title VI of the Civil Rights Act of 1964 (42 U.S.C.

22 2000d et seq.) and section 204(f) of the Equal Edu23 cation Opportunities Act of 1974 (20 U.S.C. 1703),

24 has a special and continuing obligation to ensure

25 that States and local educational agencies take ap-
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1 propriate action to provide equal educational oppor2 tunities to limited English proficient children and

3 youth.

4 ‘‘(F) The Federal Government also, as exempli5 fied by programs authorized under this title, has a

6 special and continuing obligation to assist States

7 and local educational agencies to develop the capac8 ity to provide programs of instruction that offer lim9 ited English proficient children and youth equal edu10 cational opportunities.

11 ‘‘(5) Limited English proficient children and

12 youth face a number of challenges in receiving an

13 education that will enable them to participate fully

14 in American society, including—

15 ‘‘(A) disproportionate attendance in high16 poverty schools, as demonstrated by the fact

17 that, in 1994, 75 percent of limited English

18 proficient students attended schools in which at

19 least half of all students were eligible for free

20 or reduced-price meals;

21 ‘‘(B) the limited ability of parents of such

22 children and youth to participate fully in the

23 education of their children because of the par24 ents’ own limited English proficiency;
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1 ‘‘(C) a shortage of teachers and other staff

2 who are professionally trained and qualified to

3 serve such children and youth; and

4 ‘‘(D) lack of appropriate performance and

5 assessment standards that distinguish between

6 language and academic achievement so that

7 there is equal accountability on the part of

8 State educational agencies and local educational

9 agencies for the achievement of limited English

10 proficient students in academic content while

11 acquiring English language skills.

12 ‘‘(b) POLICY.—Congress declares it to be the policy

13 of the United States that in order to ensure equal edu14 cational opportunity for all children and youth, and to pro15 mote educational excellence, the Federal Government

16 should—

17 ‘‘(1) assist State educational agencies, local

18 educational agencies, and community-based organi19 zations to build their capacity to establish, imple20 ment, and sustain programs of instruction and

21 English language development for children and

22 youth of limited English proficiency;

23 ‘‘(2) hold State educational agencies and local

24 educational agencies accountable for increases in
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1 English proficiency and core content knowledge

2 among limited English proficient students; and

3 ‘‘(3) promote parental and community partici4 pation in limited English proficiency programs.

5 ‘‘(c) PURPOSE.—The purpose of this subtitle is to as6 sist all limited English proficient students so that those

7 students can meet or exceed the State proficient standard

8 level for academic performance in core subject areas ex9 pected of all elementary school and secondary school stu10 dents, and succeed in our Nation’s society, by—

11 ‘‘(1) streamlining existing language instruction

12 programs into a performance-based grant for State

13 and local educational agencies to help limited

14 English proficient students become proficient in

15 English;

16 ‘‘(2) increasing significantly the amount of Fed17 eral assistance to local educational agencies serving

18 such students while requiring that State educational

19 agencies and local educational agencies demonstrate

20 annual improvements in the English proficiency of

21 such students from the preceding fiscal year; and

22 ‘‘(3) providing State educational agencies and

23 local educational agencies with the flexibility to im24 plement instructional programs based on scientific
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1 research that the agencies believe to be the most ef2 fective for teaching English.

3 ‘‘SEC. 3102. DEFINITIONS.

4 ‘‘Except as otherwise provided, for purposes of this

5 subtitle:

6 ‘‘(1) LIMITED ENGLISH PROFICIENT STU7 DENT.—The term ‘limited English proficient stu8 dent’ means an individual aged 5 through 17 en9 rolled in an elementary school or secondary school—

10 ‘‘(A) who—

11 ‘‘(i) was not born in the United States

12 or whose native language is a language

13 other than English; or

14 ‘‘(ii) is a Native American or Alaska

15 Native, or who is a native resident of the

16 outlying areas and comes from an environ17 ment where a language other than English

18 has had a significant impact on such indi19 vidual’s level of English language pro20 ficiency; or

21 ‘‘(iii) is migratory and whose native

22 language is other than English, and who

23 comes from an environment where a lan24 guage other than English is dominant; and
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1 ‘‘(B) who has sufficient difficulty speaking,

2 reading, writing, or understanding the English

3 language, and whose difficulties may deny such

4 individual the opportunity to learn successfully

5 in classrooms where the language of instruction

6 is English or to participate fully in our society.

7 ‘‘(2) LANGUAGE INSTRUCTION EDUCATIONAL

8 PROGRAM.—The term ‘language instruction edu9 cational program’ means an instructional course in

10 which a limited English proficient student is placed

11 for the purpose of becoming proficient in the

12 English language.

13 ‘‘(3) SPECIALLY QUALIFIED AGENCY.—The

14 term ‘specially qualified agency’ means a local edu15 cational agency in a State that does not participate

16 in a program under this subtitle for a fiscal year.

17 ‘‘(4) STATE.—The term ‘State’ means each of

18 the several States of the United States, the District

19 of Columbia, and the Commonwealth of Puerto Rico.

20 ‘‘SEC. 3103. PROGRAM AUTHORIZED.

21 ‘‘(a) GRANTS AUTHORIZED.—The Secretary shall

22 award grants, from allotments under subsection (b), to

23 each State having a State plan approved under section

24 3105(c), to enable the State to help limited English pro25 ficient students become proficient in English.
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1 ‘‘(b) RESERVATIONS AND ALLOTMENTS.—

2 ‘‘(1) RESERVATIONS.—From the amount appro3 priated under section 3110 to carry out this subtitle

4 for each fiscal year, the Secretary shall reserve—

‘‘(A) 1 5 ⁄2 of 1 percent of such amount for

6 payments to the Secretary of the Interior for

7 activities approved by the Secretary, consistent

8 with this subtitle, in schools operated or sup9 ported by the Bureau of Indian Affairs, on the

10 basis of their respective needs for assistance

11 under this subtitle; and

‘‘(B) 1 12 ⁄2 of 1 percent of such amount for

13 payments to outlying areas, to be allotted in ac14 cordance with their respective needs as deter15 mined by the Secretary, for activities, approved

16 by the Secretary, consistent with this subtitle.

17 ‘‘(2) STATE ALLOTMENTS.—From the amount

18 appropriated under section 3110 for any of the fiscal

19 years 2001 through 2005 that remains after making

20 reservations under paragraph (1), the Secretary

21 shall allot to each State having a State plan ap22 proved under section 3105(c) an amount that bears

23 the same relationship to the remainder as the num24 ber of limited English proficient students in the
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1 State bears to the number of limited English pro2 ficient students in all States.

3 ‘‘(3) DATA.—For the purpose of determining

4 the number of limited English proficient students in

5 a State and in all States for each fiscal year, the

6 Secretary shall use data that will yield the most ac7 curate, up-to-date, numbers of such students,

8 including—

9 ‘‘(A) data available from the Bureau of the

10 Census; or

11 ‘‘(B) data submitted to the Secretary by

12 the States to determine the number of limited

13 English proficient students in a State and in all

14 States.

15 ‘‘(4) HOLD-HARMLESS AMOUNTS.—For fiscal

16 year 2001, and for each of the 4 succeeding fiscal

17 years, notwithstanding paragraph (2), the total

18 amount allotted to each State under this subsection

19 shall be not less than 100 percent of the total

20 amount the State was allotted under parts A and B

21 of title VII (as such title was in effect on the day

22 preceding the date of enactment of the Education

23 Reform Act).

24 ‘‘(c) DIRECT AWARDS TO SPECIALLY QUALIFIED

25 AGENCIES.—
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1 ‘‘(1) NONPARTICIPATING STATE.—If a State

2 educational agency for a fiscal year elects not to par3 ticipate in a program under this subtitle, or does not

4 have an application approved under section 3105(c),

5 a specially qualified agency in such State desiring a

6 grant under this subtitle for the fiscal year shall

7 apply directly to the Secretary to receive a grant

8 under this subsection.

9 ‘‘(2) DIRECT AWARDS.—The Secretary may

10 award, on a competitive basis, the amount the State

11 educational agency is eligible to receive under sub12 section (b)(2) directly to specially qualified agencies

13 in the State desiring a grant under paragraph (1)

14 and having an application approved under section

15 3105(c).

16 ‘‘(3) ADMINISTRATIVE FUNDS.—A specially

17 qualified agency that receives a direct grant under

18 this subsection may use not more than 1 percent of

19 the grant funds for the administrative costs of car20 rying out this subtitle in the first year the agency

21 receives a grant under this subsection and 0.5 per22 cent for such costs in the second and each suc23 ceeding such year.
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1 ‘‘SEC. 3104. WITHIN-STATE ALLOCATIONS.

2 ‘‘(a) GRANT AWARDS.—Each State educational agen3 cy receiving a grant under section 3103(a) shall use 95

4 percent of the grant funds to award subgrants, from allot5 ments under subsection (b), to local educational agencies

6 in the State to carry out the activities described in section

7 3107.

8 ‘‘(b) ALLOTMENT FORMULA.—Each State edu9 cational agency receiving a grant under this subtitle shall

10 award a grant to each local educational agency in the

11 State having a plan approved under section 3106 in an

12 amount that bears the same relationship to the amount

13 of funds appropriated under section 3110 as the school14 age population of limited English proficient students in

15 schools served by the local educational agency bears to the

16 school-age population of limited English proficient stu17 dents in schools served by all local educational agencies

18 in the State.

19 ‘‘(c) RESERVATIONS.—

20 ‘‘(1) STATE ACTIVITIES.—Each State edu21 cational agency receiving a grant under this subtitle

22 may reserve not more than 5 percent of the grant

23 funds to carry out activities described in the State

24 plan submitted under section 3105.

25 ‘‘(2) ADMINISTRATIVE EXPENSES.—From the

26 amount reserved under paragraph (1), a State edu-
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1 cational agency may use not more than 2 percent for

2 the planning costs and administrative costs of car3 rying out the activities described in the State plan

4 and providing grants to local educational agencies.

5 ‘‘SEC. 3105. STATE AND SPECIALLY QUALIFIED AGENCY

6 PLAN.

7 ‘‘(a) PLAN REQUIRED.—Each State educational

8 agency and specially qualified agency desiring a grant

9 under this subtitle shall submit a plan to the Secretary

10 at such time, in such manner and accompanied by such

11 information as the Secretary may require.

12 ‘‘(b) CONTENTS.—Each State plan submitted under

13 subsection (a) shall—

14 ‘‘(1) describe how the State or specially quali15 fied agency will—

16 ‘‘(A) establish standards and benchmarks

17 for English language development that are

18 aligned with the State content and student per19 formance standards described in section 1111;

20 ‘‘(B) develop high-quality, annual assess21 ments to measure English language proficiency,

22 including proficiency in the 4 recognized do23 mains of speaking, listening, reading, and writ24 ing; and
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1 ‘‘(C) develop annual performance objec2 tives, based on the English language develop3 ment standards described in subparagraph (A),

4 to raise the level of English proficiency of each

5 limited English proficient student;

6 ‘‘(2) contain an assurance that the State edu7 cational agency or specially qualified agency con8 sulted with local educational agencies, education-re9 lated community groups and nonprofit organizations,

10 parents, teachers, school administrators, and

11 English language instruction specialists, in the set12 ting of the performance objectives;

13 ‘‘(3) describe how—

14 ‘‘(A) in the case of a State educational

15 agency, the State educational agency will hold

16 local educational agencies and elementary

17 schools and secondary schools accountable for—

18 ‘‘(i) meeting the English proficiency

19 performance objectives described in section

20 3109; and

21 ‘‘(ii) making adequate yearly progress

22 with limited English proficient students in

23 the subject areas of core content knowl24 edge as described in section 1111; and
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1 ‘‘(B) in the case of a specially qualified

2 agency, the agency will hold elementary schools

3 and secondary schools accountable for meeting

4 the English proficiency performance objectives

5 described in section 3109, and making adequate

6 yearly progress, including annual numerical

7 goals for improving the performance of limited

8 English proficient students on performance

9 standards described in section

10 1111(b)(1)(D)(ii);

11 ‘‘(4) describe the activities for which assistance

12 is sought, and how the activities will increase the

13 speed and effectiveness with which students learn

14 English;

15 ‘‘(5) in the case of a State educational agency,

16 describe how local educational agencies in the State

17 will be given the flexibility to teach English—

18 ‘‘(A) using language instruction curriculum

19 that is scientifically research based; and

20 ‘‘(B) in the manner the local educational

21 agencies determine to be the most effective; and

22 ‘‘(6) describe how—

23 ‘‘(A) in the case of a State educational

24 agency, the State educational agency will pro25 vide technical assistance to local educational
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1 agencies and elementary schools and secondary

2 schools for the purposes of identifying and im3 plementing English language instruction edu4 cational programs and curricula that are sci5 entifically research based; and

6 ‘‘(B) in the case of a specially qualified

7 agency, the specially qualified agency will pro8 vide technical assistance to elementary schools

9 and secondary schools served by the specially

10 qualified agency for the purposes of identifying

11 and implementing English language instruction

12 educational programs and curricula that are

13 scientifically research based.

14 ‘‘(c) APPROVAL.—The Secretary, using a peer review

15 process, shall approve a State plan or a specially qualified

16 agency plan if the plan meets the requirements of this sec17 tion, and holds reasonable promise of achieving the pur18 pose described in section 3101(c).

19 ‘‘(d) DURATION OF THE PLAN.—

20 ‘‘(1) IN GENERAL.—Each State plan or spe21 cially qualified agency plan shall—

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

23 the State’s or specially qualified agency’s par24 ticipation under this subtitle; and
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1 ‘‘(B) be periodically reviewed and revised

2 by the State or specially qualified agency, as

3 necessary, to reflect changes in the State’s or

4 specially qualified agency’s strategies and pro5 grams under this subtitle.

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

7 educational agency or specially qualified agency

8 makes significant changes in its plan, such as the

9 adoption of new performance objectives or assess10 ment measures, the State educational agency or spe11 cially qualified agency shall submit such information

12 to the Secretary.

13 ‘‘(e) CONSOLIDATED PLAN.—A State plan submitted

14 under subsection (a) may be submitted as part of a con15 solidated plan under section 8302.

16 ‘‘(f) SECRETARY ASSISTANCE.—Pursuant to section

17 7004(a)(3), the Secretary shall provide assistance, if re18 quired, in the development of English language develop19 ment standards and English language proficiency assess20 ments.

21 ‘‘SEC. 3106. LOCAL PLANS.

22 ‘‘(a) PLAN REQUIRED.—Each local educational agen23 cy desiring a grant from the State educational agency

24 under section 3104(a) shall submit a plan to the State

25 educational agency at such time, in such manner, and ac-
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1 companied by such information as the State educational

2 agency may require.

3 ‘‘(b) CONTENTS.—Each local educational agency plan

4 submitted under subsection (a) shall—

5 ‘‘(1) describe how the local educational agency

6 shall use the grant funds to meet the English pro7 ficiency performance objective described in section

8 3109;

9 ‘‘(2) describe how the local educational agency

10 will hold elementary schools and secondary schools

11 accountable for meeting the performance objectives;

12 ‘‘(3) contain an assurance that the local edu13 cational agency consulted with elementary schools

14 and secondary schools, education-related community

15 groups and nonprofit organizations, institutions of

16 higher education, parents, language instruction

17 teachers, school administrators, and English lan18 guage instruction specialists, in developing the local

19 educational agency plan; and

20 ‘‘(4) contain an assurance that the local edu21 cational agency will use the disaggregated results of

22 the student assessments required under section

23 1111(b)(4), and other measures or indicators avail24 able to the agency, to review annually the progress

25 of each school served by the agency under this part
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1 and under title I to determine whether the schools

2 are making the annual progress necessary to ensure

3 that limited English proficient students attending

4 the schools will meet the proficient State content

5 and student performance standard within 10 years

6 of enactment of the Education Reform Act.

7 ‘‘SEC. 3107. USES OF FUNDS.

8 ‘‘(a) ADMINISTRATIVE EXPENSES.—Each local edu9 cational agency receiving a grant under section 3104 may

10 use not more than 1 percent of the grant funds for any

11 fiscal year for the cost of administering this subtitle.

12 ‘‘(b) ACTIVITIES.—Each local educational agency re13 ceiving grant funds under section 3104 shall use the grant

14 funds that are not used under subsection (a)—

15 ‘‘(1) to increase limited English proficient stu16 dents’ proficiency in English by providing high-qual17 ity English language instruction programs, such as

18 bilingual education programs and transitional edu19 cation or English immersion education programs,

20 that are—

21 ‘‘(A) tied to scientifically based research

22 demonstrating the effectiveness of the programs

23 in increasing English proficiency; and

24 ‘‘(B) approved by the State educational

25 agency;
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1 ‘‘(2) to provide high-quality professional devel2 opment activities for teachers of limited English pro3 ficient students that are—

4 ‘‘(A) designed to enhance the ability of

5 such teachers to understand and use curricula,

6 assessment measures, and instructional strate7 gies for limited English proficient students;

8 ‘‘(B) tied to scientifically based research

9 demonstrating the effectiveness of such pro10 grams in increasing students’ English pro11 ficiency or substantially increasing the knowl12 edge and teaching skills of such teachers; and

13 ‘‘(C) of sufficient intensity and duration

14 (such as not to include 1-day or short-term

15 workshops and conferences) to have a positive

16 and lasting impact on the teacher’s perform17 ance in the classroom, except that this para18 graph shall not apply to an activity that is 1

19 component of a long-term, comprehensive pro20 fessional development plan established by a

21 teacher and the teacher’s supervisor based upon

22 an assessment of the teacher’s and supervisor’s

23 needs, the student’s needs, and the needs of the

24 local educational agency;
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1 ‘‘(3) to identify, acquire, and upgrade curricula,

2 instructional materials, educational software, and as3 sessment procedures; and

4 ‘‘(4) to provide parent and community partici5 pation programs to improve English language in6 struction programs for limited English proficient

7 students.

8 ‘‘SEC. 3108. PROGRAM REQUIREMENTS.

9 ‘‘(a) PROHIBITION.—In carrying out this subtitle the

10 Secretary shall neither mandate nor preclude a particular

11 curricular or pedagogical approach to educating limited

12 English proficient students.

13 ‘‘(b) TEACHER ENGLISH FLUENCY.—Each local edu14 cational agency receiving grant funds under section 3104

15 shall certify to the State educational agency that all teach16 ers in any language instruction program for limited

17 English proficient students funded under this subtitle are

18 fluent in English.

19 ‘‘SEC. 3109. PERFORMANCE OBJECTIVES.

20 ‘‘(a) IN GENERAL.—Each State educational agency

21 or specifically qualified agency receiving a grant under this

22 subtitle shall develop annual numerical performance objec23 tives with respect to helping limited English proficient stu24 dents become proficient in English. The objectives shall

25 include incremental percentage increases for each fiscal
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1 year a State receives a grant under this subtitle, including

2 increases in the number of limited English proficient stu3 dents demonstrating an increase in performance on annual

4 assessments in reading, writing, speaking, and listening

5 comprehension, from the preceding fiscal year.

6 ‘‘(b) ACCOUNTABILITY.—Each State educational

7 agency or specially qualified agency receiving a grant

8 under this subtitle shall be held accountable for meeting

9 the annual numerical performance objectives under this

10 subtitle and the adequate yearly progress levels for limited

11 English proficient students under section 1111(b)(2)(B)

12 (iv) and (vii). Any State educational agency or specially

13 qualified agency that fails to meet the annual performance

14 objectives shall be subject to sanctions under section 7001.

15 ‘‘SEC. 3110. AUTHORIZATION OF APPROPRIATIONS.

16 ‘‘There are authorized to be appropriated to carry out

17 this subtitle $620,000,000 for fiscal year 2002, and such

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

19 fiscal years.

20 ‘‘SEC. 3111. REGULATIONS AND NOTIFICATION.

21 ‘‘(a) REGULATION RULE.—In developing regulations

22 under this subtitle, the Secretary shall consult with State

23 educational agencies, local educational agencies, organiza24 tions representing limited English proficient individuals,

25 and organizations representing teachers and other per-
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1 sonnel involved in the education of limited English pro2 ficient students.

3 ‘‘(b) PARENTAL NOTIFICATION.—

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

5 agency shall notify parents of a student partici6 pating in a language instruction educational pro7 gram under this subtitle of—

8 ‘‘(A) the student’s level of English pro9 ficiency, how such level was assessed, the status

10 of the student’s academic achievement, and the

11 implications of the student’s educational

12 strengths and needs for age- and grade-appro13 priate academic attainment, promotion, and

14 graduation;

15 ‘‘(B) what programs are available to meet

16 the student’s educational strengths and needs,

17 and how such programs differ in content and

18 instructional goals from other language instruc19 tion educational programs and, in the case of a

20 student with a disability, how such program

21 meets the objectives of the individualized edu22 cation program of such a student; and

23 ‘‘(C) the instructional goals of the lan24 guage instruction educational program, and

25 how the program will specifically help the lim-
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1 ited English proficient student learn English

2 and meet age-appropriate standards for grade

3 promotion and graduation, including—

4 ‘‘(i) the characteristics, benefits, and

5 past academic results of the language in6 struction educational program and of in7 structional alternatives; and

8 ‘‘(ii) the reasons the student was iden9 tified as being in need of a language in10 struction educational program.

11 ‘‘(2) OPTION TO DECLINE.—

12 ‘‘(A) IN GENERAL.—Each parent described

13 in paragraph (1) shall also be informed that the

14 parent has the option of declining the enroll15 ment of their children or youth in a language

16 instruction educational program, and shall be

17 given an opportunity to decline such enrollment

18 if the parent so chooses.

19 ‘‘(B) OBLIGATIONS.—A local educational

20 agency shall not be relieved of any of the agen21 cy’s obligations under title VI of the Civil

22 Rights Act of 1964 (42 U.S.C. 2000d et seq.)

23 if a parent chooses not to enroll their child in

24 a language instruction educational program.
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1 ‘‘(3) RECEIPT OF INFORMATION.—A parent de2 scribed in paragraph (1) shall receive, in a manner

3 and form understandable to the parent including, if

4 necessary and to the extent feasible, in the native

5 language of the parent, the information required by

6 this subsection. At a minimum, the parent shall

7 receive—

8 ‘‘(A) timely information about projects

9 funded under this subtitle; and

10 ‘‘(B) if the parent of a participating child

11 so desires, notice of opportunities for regular

12 meetings for the purpose of formulating and re13 sponding to recommendations from parents of

14 children assisted under this subtitle.

15 ‘‘(4) SPECIAL RULE.—A student shall not be

16 admitted to, or excluded from, any Federally as17 sisted language instruction educational program

18 solely on the basis of a surname or language-minor19 ity status.

20 ‘‘(5) LIMITATIONS ON CONDITIONS.—Nothing

21 in this subtitle shall be construed to authorize an of22 ficer or employee of the Federal Government to

23 mandate, direct, or control a State’s, local edu24 cational agency’s, elementary school’s, or secondary

25 school’s specific challenging English language devel-
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1 opment standards or assessments, curricula, or pro2 gram of instruction, as a condition of eligibility to

3 receive grant funds under this subtitle.’’.

4 SEC. 302. EMERGENCY IMMIGRANT EDUCATION PROGRAM.

5 (a) REPEALS, TRANSFERS, AND REDESIGNATIONS.—

6 Title III (20 U.S.C. 6801 et seq.) is further amended—

7 (1) by repealing part B (20 U.S.C. 6891 et

8 seq.), part C (20 U.S.C. 6921 et seq.), part D (20

9 U.S.C. 6951 et seq.), and part E (20 U.S.C. 6971

10 et seq.);

11 (2) by transferring part C of title VII (20

12 U.S.C. 7541 et seq.) to title III and inserting such

13 part after subtitle A (as inserted by section 301(3));

14 (3) by redesignating the heading for part C of

15 title VII (as transferred by paragraph (2)) as the

16 heading for subtitle B, and redesignating accord17 ingly the references to such part as the references to

18 such subtitle; and

19 (4) by redesignating section 7301 through 7309

20 (20 U.S.C. 7541, 7549) (as transferred by para21 graph (2)) as sections 3201 through 3209, respec22 tively, and redesignating accordingly the references

23 to such sections.

24 (b) AMENDMENTS.—Subtitle B of title III (as so

25 transferred and redesignated) is amended—
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1 (1) in section 3205(a)(2) (as redesignated by

2 subsection (a)(4)), by striking ‘‘the Goals 2000:

3 Educate America Act,’’; and

4 (2) in section 3209 (as redesignated by sub5 section (a)(4)), by striking ‘‘$100,000,000’’ and all

6 that follows through ‘‘necessary for’’ and inserting

7 ‘‘such sums as may be necessary for fiscal year 2002

8 and’’.

9 SEC. 303. INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE

10 EDUCATION.

11 (a) REPEALS, TRANSFERS, AND REDESIGNATIONS.—

12 Title III (20 U.S.C 6801 et seq.) is further amended—

13 (1) by transferring title IX (20 U.S.C. 7801 et

14 seq.) to title III and inserting such title after sub15 title B (as inserted by section 302(a)(2));

16 (2) by redesignating the heading for title IX (as

17 transferred by paragraph (1)) as the heading for

18 subtitle C, and redesignating accordingly the ref19 erences to such title as the references to such sub20 title;

21 (3) by redesignating sections 9101 and 9102

22 (20 U.S.C. 7801, 7802) (as transferred by para23 graph (1)) as sections 3301 and 3302, respectively,

24 and redesignating accordingly the references to such

25 sections;
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1 (4) by redesignating sections 9111 through

2 9118 (20 U.S.C. 7811, 7818) (as transferred by

3 paragraph (1)) as sections 3311 through 3318, re4 spectively, and redesignating accordingly the ref5 erences to such sections;

6 (5) by redesignating sections 9121 through

7 9125 (20 U.S.C. 7831, 7835) (as transferred by

8 paragraph (1)) as sections 3321 through 3325, and

9 redesignating accordingly the references to such sec10 tion;

11 (6) by redesignating sections 9131 and 9141

12 (20 U.S.C. 7851, 7861) (as transferred by para13 graph (1)) as sections 3331 and 3341, respectively,

14 and redesignating accordingly the references to such

15 sections;

16 (7) by redesignating sections 9151 through

17 9154 (20 U.S.C. 7871, 7874) (as transferred by

18 paragraph (1)) as sections 3351 through 3354, re19 spectively, and redesignating accordingly the ref20 erences to such sections;

21 (8) by redesignating sections 9161 and 9162

22 (20 U.S.C. 7881, 7882) (as transferred by para23 graph (1)) as sections 3361 and 3362, respectively,

24 and redesignating accordingly the references to such

25 sections;
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1 (9) by redesignating sections 9201 through

2 9212 (20 U.S.C. 7901, 7912) (as transferred by

3 paragraph (1)) as sections 3401 through 3412, re4 spectively, and redesignating accordingly the ref5 erences to such sections; and

6 (10) by redesignating sections 9301 through

7 9308 (20 U.S.C. 7931, 7938) (as transferred by

8 paragraph (1)) as sections 3501 through 3508, and

9 redesignating accordingly the references to such sec10 tions.

11 (b) AMENDMENTS.—Subtitle C of title III (as so

12 transferred and redesignated) is amended—

13 (1) by amending section 3314(b)(2)(A) (as re14 designated by subsection (a)(4)) to read as follows:

15 ‘‘(2)(A) is consistent with, and promotes the

16 goals in, the State and local improvement plans

17 under sections 1111 and 1112’’;

18 (2) by amending section 3325(e) (as redesig19 nated by subsection (a)(5)) to read as follows:

20 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There

21 are authorized to be appropriated such sums as may be

22 necessary to carry out this subpart for fiscal year 2001

23 and each of the 4 succeeding years.’’;

24 (3) in section 3361(4)(E) (as redesignated by

25 subsection (a)(8)), by striking ‘‘the Act entitled the
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1 ‘Improving America’s Schools Act of 1994’’’ and in2 serting ‘‘the Education Reform Act’’;

3 (4) by amending section 3362 (as redesignated

4 by subsection (a)(8)) to read as follows:

5 ‘‘SEC. 3262. AUTHORIZATION OF APPROPRIATIONS.

6 ‘‘For the purpose of carrying out subparts 1 through

7 5 of this part, there are authorized to be appropriated to

8 the Department of Education such sums as may be nec9 essary for fiscal year 2002 and each of the 4 succeeding

10 years.’’;

11 (5) in section 3404 (as redesignated by sub12 section (a)(9))—

13 (A) in subsection (i), by striking ‘‘Improv14 ing America’s Schools Act of 1994’’ and insert15 ing ‘‘Education Reform Act’’; and

16 (B) in subsection (j), by striking

17 ‘‘$500,000 for fiscal year 1995, and such sums

18 as may be necessary’’ and inserting ‘‘such sums

19 as may be necessary for fiscal year 2002, and’’;

20 (6) in section 3405(c) (as redesignated by sub21 section (a)(9)), by striking ‘‘$6,000,000 for fiscal

22 year 1995, and such sums as may be necessary’’ and

23 inserting ‘‘such sums as may be necessary for fiscal

24 year 2002, and’’;
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1 (7) in section 3406(e) (as redesignated by sub2 section (a)(9)), 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 2002, and’’;

6 (8) in section 3407(e) (as redesignated by sub7 section (a)(9)), by striking ‘‘$1,500,000 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 2002, and’’;

11 (9) in section 3408(c) (as redesignated by sub12 section (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 2002, and’’;

16 (10) in section 3409(d) (as redesignated by

17 subsection (a)(9)), by striking ‘‘$2,000,000 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 2002, and’’;

21 (11) in section 3410(d) (as redesignated by

22 subsection (a)(9)), by striking ‘‘$1,000,000 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 2002, and’’;
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1 (12) in section 3504(c) (as redesignated by sub2 section (a)(10)), by striking ‘‘$5,000,000 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 2002, and’’;

6 (13) in section 3505(e) (as redesignated by sub7 section (a)(10)), 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 2002, and’’; and

11 (14) in section 3506(d) (as redesignated by

12 subsection (a)(10)), by striking ‘‘$1,000,000 for fis13 cal year 1995, and such sums as may be necessary’’

14 and inserting ‘‘such sums as may be necessary for

15 fiscal year 2002, and’’.

16 TITLE IV—PUBLIC SCHOOL

17 CHOICE

18 SEC. 401. PUBLIC SCHOOL CHOICE.

19 (a) MAGNET SCHOOLS AMENDMENTS.—Section

20 5113(a) (20 U.S.C. 7213(a)) is amended—

21 (1) by striking ‘‘$120,000,000’’ and inserting

22 ‘‘$130,000,000’’; and

23 (2) by striking ‘‘1995’’ and inserting ‘‘2002’’.

24 (b) CHARTER SCHOOLS AMENDMENTS.—
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1 (1) PARALLEL ACCOUNTABILITY.—Section

2 10302 (20 U.S.C. 8062) is amended by adding at

3 the end the following:

4 ‘‘(g) PARALLEL ACCOUNTABILITY.—Each State edu5 cational agency receiving a grant under this part shall

6 hold charter schools assisted under this part accountable

7 for adequate yearly progress for improving student per8 formance under title I and as established in the school’s

9 charter, including the use of the same standards and as10 sessments as established under title I.’’.

11 (2) AUTHORIZATION OF APPROPRIATIONS.—

12 Section 10311 (20 U.S.C. 8067) is amended.—

13 (A) by striking ‘‘$100,000,000’’ and in14 serting ‘‘$200,000,000’’; and

15 (B) by striking ‘‘1999’’ and inserting

16 ‘‘2001’’.

17 (c) REPEALS, TRANSFERS AND REDESIGNATIONS.—

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

19 (1) by amending the heading for title IV (20

20 U.S.C. 7101 et seq.) to read as follows:

21 ‘‘TITLE IV—PUBLIC SCHOOL

22 CHOICE’’;

23 (2) by amending section 4001 to read as fol24 lows:
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1 ‘‘SEC. 4001. FINDINGS, POLICY, AND PURPOSE.

2 ‘‘(a) FINDINGS.—Congress makes the following find3 ings:

4 ‘‘(1)(A) Charter schools and magnet schools are

5 an integral part of the educational system in the

6 United States.

7 ‘‘(1)(B) Thirty-four States and the District of

8 Columbia have established charter schools.

9 ‘‘(1)(C) Magnet schools have been established

10 throughout the United States.

11 ‘‘(1)(D) A Department of Education evaluation

12 of charter schools shows that 59 percent of charter

13 schools reported that lack of start-up funds posed a

14 difficult or very difficult challenge for the school.

15 ‘‘(2) State educational agencies and local edu16 cational agencies should hold all schools accountable

17 for the improved performance of all students, includ18 ing students attending charter schools and magnet

19 schools, under State standards and student assess20 ment measures.

21 ‘‘(3) School report cards constitute the key in22 formational component used by parents for effective

23 public school choice.

24 ‘‘(b) POLICY.—Congress declares it to be the policy

25 of the United States—
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1 ‘‘(1) to support and stimulate improved public

2 school performance through increased public elemen3 tary school and secondary school competition and in4 creased Federal financial assistance; and

5 ‘‘(2) to provide parents with more choices

6 among public school options.

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

8 follows:

9 ‘‘(1) To consolidate public school choice pro10 grams into 1 title.

11 ‘‘(2) To increase Federal assistance for magnet

12 schools and charter schools.

13 ‘‘(3) To help parents make better and more in14 formed choices by—

15 ‘‘(A) providing continued support and fi16 nancial assistance for magnet schools;

17 ‘‘(B) providing continued support and ex18 pansion of charter schools and charter school

19 districts; and

20 ‘‘(C) providing financial assistance to

21 States and local educational agencies for the de22 velopment of local educational agency and

23 school report cards.’’;
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1 (3) by repealing sections 4002 through 4004

2 (20 U.S.C. 7102, 7104), and part A (20 U.S.C.

3 7111 et seq.), of title IV;

4 (4) by transferring part A of title V (20 U.S.C.

5 7201 et seq.) (as amended by subsection (a)) to title

6 IV and inserting such part A after section 4001;

7 (5) by redesignating sections 5101 through

8 5113 (20 U.S.C. 7201, 7213) (as transferred by

9 paragraph (4)) as sections 4101 through 4113, re10 spectively, and by redesignating accordingly the ref11 erences to such sections in part A of title IV (as so

12 transferred);

13 (6) by transferring part C of title X (20 U.S.C.

14 8061 et seq.) (as amended by subsection (b)) to title

15 IV and inserting such part C after part A of title

16 IV (as transferred by paragraph (4));

17 (7) by redesignating part C of title IV (as

18 transferred by paragraph (6)) as part B of title IV;

19 and

20 (8) by redesignating sections 10301 through

21 10311 (20 U.S.C. 8061, 8067) (as transferred by

22 paragraph (6)) as sections 4201 through 4211, re23 spectively, and by redesignating accordingly the ref24 erences to such sections in such part B of title IV

25 (as so transferred and redesignated).
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1 SEC. 402. DEVELOPMENT OF PUBLIC SCHOOL CHOICE PRO2 GRAMS; REPORT CARDS.

3 Title IV (20 U.S.C. 7101 et seq.) is further amended

4 by adding at the end the following:

5 ‘‘PART C—DEVELOPMENT OF PUBLIC SCHOOL

6 CHOICE PROGRAMS

7 ‘‘SEC. 4301. GRANTS AUTHORIZED.

8 ‘‘(a) IN GENERAL.—From amounts made available to

9 carry out this part for a fiscal year under section 4305,

10 and not reserved under subsection (b), the Secretary is

11 authorized to award grants, on a competitive basis, to local

12 educational agencies to enable the local educational agen13 cies to develop local public school choice programs.

14 ‘‘(b) RESERVATION FOR EVALUATION, TECHNICAL

15 ASSISTANCE, AND DISSEMINATION.—From the amount

16 appropriated under section 4305 for any fiscal year, the

17 Secretary may reserve not more than 5 percent to carry

18 out evaluations under subsection (c), to provide technical

19 assistance, and to disseminate information.

20 ‘‘(c) EVALUATIONS.—The Secretary may use funds

21 reserved under subsection (b) to carry out 1 or more eval22 uations of programs assisted under this part, which shall,

23 at a minimum, address—

24 ‘‘(1) how, and the extent to which, the pro25 grams supported with funds under this part promote

26 educational equity and excellence; and
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1 ‘‘(2) the extent to which public schools of choice

2 supported with funds under this part are—

3 ‘‘(A) held accountable to the public;

4 ‘‘(B) effective in improving public edu5 cation; and

6 ‘‘(C) open and accessible to all students.

7 ‘‘(b) DURATION.—Grants under this part may be

8 awarded for a period not to exceed 3 years.

9 ‘‘SEC. 4302. DEFINITION OF HIGH-POVERTY LOCAL EDU10 CATIONAL AGENCY.

11 ‘‘In this part, the term ‘high-poverty local educational

12 agency’ means a local educational agency in which the per13 centage of children, ages 5 to 17, from families with in14 comes below the poverty line (as defined by the Office of

15 Management and Budget and revised annually in accord16 ance with section 673(2) of the Community Services Block

17 Grant Act (42 U.S.C. 9902(2))) applicable to a family of

18 the size involved for the most recent fiscal year for which

19 satisfactory data are available is 20 percent or greater.

20 ‘‘SEC. 4303. USES OF FUNDS.

21 ‘‘(a) IN GENERAL.—

22 ‘‘(1) PUBLIC SCHOOL CHOICE.—Funds under

23 this part may be used to demonstrate, develop, im24 plement, evaluate, and disseminate information on

25 innovative approaches to promote public school
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1 choice, including the design and development of new

2 public school choice options, the development of new

3 strategies for overcoming barriers to effective public

4 school choice, and the design and development of

5 public school choice systems that promote high

6 standards for all students and the continuous im7 provement of all public schools.

8 ‘‘(2) INNOVATIVE APPROACHES.—Such ap9 proaches at the school, local educational agency, and

10 State levels may include—

11 ‘‘(A) inter-district approaches to public

12 school choice, including approaches that in13 crease equal access to high-quality educational

14 programs and diversity in schools;

15 ‘‘(B) public elementary and secondary pro16 grams that involve partnerships with institu17 tions of higher education and that are located

18 on the campuses of those institutions;

19 ‘‘(C) programs that allow students in pub20 lic secondary schools to enroll in postsecondary

21 courses and to receive both secondary and post22 secondary academic credit;

23 ‘‘(D) worksite satellite schools, in which

24 State or local educational agencies form part25 nerships with public or private employers, to
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1 create public schools at parents’ places of em2 ployment; and

3 ‘‘(E) approaches to school desegregation

4 that provide students and parents choice

5 through strategies other than magnet schools.

6 ‘‘(b) LIMITATIONS.—Funds under this part—

7 ‘‘(1) shall supplement, and not supplant, non8 Federal funds expended for existing public school

9 choice programs; and

10 ‘‘(2) may be used for providing transportation

11 services or costs, except that not more than 10 per12 cent of the funds received under this part shall be

13 used by the local educational agency to provide such

14 services or costs.

15 ‘‘SEC. 4304. GRANT APPLICATION; PRIORITIES.

16 ‘‘(a) APPLICATION REQUIRED.—A State or local edu17 cational agency desiring to receive a grant under this part

18 shall submit an application to the Secretary.

19 ‘‘(b) APPLICATION CONTENTS.—Each application

20 shall include—

21 ‘‘(1) a description of the program for which

22 funds are sought and the goals for such program;

23 ‘‘(2) a description of how the program funded

24 under this part will be coordinated with, and will
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1 complement and enhance, programs under other re2 lated Federal and non-Federal projects;

3 ‘‘(3) if the program includes partners, the name

4 of each partner and a description of the partner’s

5 responsibilities;

6 ‘‘(4) a description of the policies and procedures

7 the applicant will use to ensure—

8 ‘‘(A) its accountability for results, includ9 ing its goals and performance indicators; and

10 ‘‘(B) that the program is open and acces11 sible to, and will promote high academic stand12 ards for, all students; and

13 ‘‘(5) such other information as the Secretary

14 may require.

15 ‘‘(c) PRIORITIES.—

16 ‘‘(1) HIGH-POVERTY AGENCIES.—The Secretary

17 shall give a priority to applications for projects that

18 would serve high-poverty local educational agencies.

19 ‘‘(2) PARTNERSHIPS.—The Secretary may give

20 a priority to applications demonstrating that the ap21 plicant will carry out the applicant’s project in part22 nership with 1 or more public and private agencies,

23 organizations, and institutions, including institutions

24 of higher education and public and private employ25 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 2002 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 2002;

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 2002 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 2002–2003 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 under part A of title I or

21 part A of title II shall provide, upon request, in an

22 understandable and uniform format, to any parent

23 of a student attending any school receiving funds

24 under part A of title I or part A of title II, informa25 tion regarding the professional qualifications of the
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1 student’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 2002 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 2002 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 2002 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 2002 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 2002 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 2002 and’’

4 after ‘‘necessary for’’; and

5 (7) in subsection (g), by striking ‘‘1998’’ and

6 inserting ‘‘2002’’.

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. DEFINITIONS OF STATE.

12 ‘‘In this title:

13 ‘‘(1) AUTHENTIC TASK.—The term ‘authentic

14 task’ means a real world task that—

15 ‘‘(A) is challenging, meaningful, multidisci16 plinary, and interactive;

17 ‘‘(B) involves reasoning, problem solving,

18 and composition; and

19 ‘‘(C) is not a discrete component skill that

20 has no obvious connection with students’ activi21 ties outside of school.

22 ‘‘(2) STATE.—The term ‘State’ means each of

23 the several States, the District of Columbia, and the

24 Commonwealth of Puerto Rico.
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1 ‘‘SEC. 6002. PROGRAMS AUTHORIZED.

2 ‘‘(a) GRANTS AUTHORIZED.—From the amount ap3 propriated under section 6009 for a fiscal year, the Sec4 retary shall award a grant to each State educational agen5 cy having a State plan approved under section 6005(a)(4)

6 to enable the State educational agency to award grants

7 to local educational agencies in the State.

8 ‘‘(b) RESERVATIONS AND ALLOTMENTS.—

9 ‘‘(1) RESERVATIONS.—From the amount appro10 priated under section 6009 for a fiscal year, the Sec11 retary shall reserve—

‘‘(A) not more than 1 12 ⁄2 of 1 percent of

13 such amount for payments to the Bureau of In14 dian Affairs for activities, approved by the Sec15 retary, consistent with this title;

‘‘(B) not more than 1 16 ⁄2 of 1 percent of

17 such amounts for payments to outlying areas,

18 to be allotted in accordance with their respec19 tive needs for assistance under this title as de20 termined by the Secretary, for activities, ap21 proved by the Secretary, consistent with this

22 title; and

23 ‘‘(C) such sums as may be necessary to

24 continue to support any multiyear award made

25 under titles III, IV, V (part B), or X (as such

26 titles were in effect on the day preceding the
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1 date of enactment of the Education Reform

2 Act) until the completion of the multiyear

3 award.

4 ‘‘(2) STATE ALLOTMENTS.—

5 ‘‘(A) IN GENERAL.—From the amount ap6 propriated under section 6009 for a fiscal year

7 and remaining after the Secretary makes res8 ervations under paragraph (1), the Secretary

9 shall allot to each State having a State plan ap10 proved under section 6005(a)(4) the sum of—

11 ‘‘(i) an amount that bears the same

12 relationship to 50 percent of the remainder

13 as the amount the State received under

14 part A of title I bears to the amount all

15 States received under such part; and

16 ‘‘(ii) an amount that bears the same

17 relationship to 50 percent of the remainder

18 as the school-age population in the State

19 bears to the school-age population in all

20 States.

21 ‘‘(B) DATA.—For the purposes of deter22 mining the school-age population in a State and

23 in all States, the Secretary shall use the latest

24 available Bureau of the Census data.
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1 ‘‘(c) STATE MINIMUM.—For any fiscal year, no State

2 shall be allotted under this section an amount that is less

3 than 0.4 percent of the total amount allotted to all States

4 under subsection (b)(2).

5 ‘‘(d) HOLD-HARMLESS AMOUNTS.—For fiscal year

6 2001, notwithstanding subsection (e), the amount allotted

7 to each State under this section shall be not less than 100

8 percent of the total amount the State was allotted in for9 mula grants under titles III, IV, and VI (as such titles

10 were in effect on the day preceding the date of enactment

11 of the Education Reform Act) for the preceding fiscal

12 year.

13 ‘‘(e) RATABLE REDUCTIONS.—If the sums made

14 available under subsection (b)(2)(A) for any fiscal year are

15 insufficient to pay the full amounts that all State edu16 cational agencies are eligible to receive under that sub17 section for such year, the Secretary shall ratably reduce

18 such amounts for such year.

19 ‘‘SEC. 6003. WITHIN STATE ALLOCATION.

20 ‘‘(a) SHORT TITLE.—Each State educational agency

21 for a State receiving a grant award under section

22 6003(b)(2) shall—

23 ‘‘(1) set aside not more than 1 percent of the

24 grant funds for the cost of administering the activi25 ties under this title;
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1 ‘‘(2) set aside not more than 4 percent of the

2 grant funds to—

3 ‘‘(A) provide for the establishment of high4 quality, internationally competitive content and

5 student performance standards and strategies

6 that all students will be expected to meet;

7 ‘‘(B) provide for the establishment of high8 quality, rigorous assessments that include mul9 tiple measures and demonstrate comprehensive

10 knowledge;

11 ‘‘(C) encourage and enable all State edu12 cational agencies and local educational agencies

13 to develop, implement, and strengthen com14 prehensive education improvement plans that

15 address student achievement, teacher quality,

16 parent involvement, and reliable measurement

17 and evaluation methods; and

18 ‘‘(D) encourage and enable all States to

19 develop and implement value-added assess20 ments, including model value-added assessments

21 identified by the Secretary under section

22 7004(a)(6); and

23 ‘‘(3) using the remaining 95 percent of the

24 grant funds, make grants by allocating to each local

25 educational agency in the State having a local edu-
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1 cational agency plan approved under section

2 6005(b)(3) the sum of—

3 ‘‘(A) an amount that bears the same rela4 tionship to 50 percent of such remainder as the

5 amount the local educational agency received

6 under part A of title I bears to the amount all

7 local educational agencies in the State received

8 under such part; and

9 ‘‘(B) an amount that bears the same rela10 tionship to 50 percent of such remainder as the

11 school-age population in the area served by the

12 local educational agency bears to the school-age

13 population in the area served by all local edu14 cational agencies in the State.

15 ‘‘(b) MATCHING REQUIREMENT.—

16 ‘‘(1) IN GENERAL.—Each eligible local edu17 cational agency receiving a grant under subsection

18 (a) shall contribute resources with respect to the

19 local authorized activities to be assisted under this

20 title in case or in-kind from non-Federal sources in

21 an amount equal to 25 percent of the Federal funds

22 awarded under the grant.

23 ‘‘(2) WAIVER.—A local educational agency may

24 apply to the State educational agency may grant a
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1 waiver of the requirements of paragraph (1) to a

2 local educational agency that—

3 ‘‘(A) applies for such a waiver; and

4 ‘‘(B) demonstrates extreme circumstances

5 for being unable to meet such requirements.

6 ‘‘SEC. 6004. PLANS.

7 ‘‘(a) STATE PLANS.—

8 ‘‘(1) IN GENERAL.—The State educational

9 agency for each State desiring a grant under this

10 title shall submit a State plan to the Secretary at

11 such time, in such manner, and accompanied by

12 such information as the Secretary may require.

13 ‘‘(2) CONSOLIDATED PLAN.—A State plan sub14 mitted under paragraph (1) may be submitted as

15 part of a consolidated plan under section 8302.

16 ‘‘(3) CONTENTS.—Each plan submitted under

17 paragraph (1) shall—

18 ‘‘(A) describe how the State educational

19 agency will assist each local educational agency

20 and school served under this title to comply

21 with the requirements described in section 6006

22 that are applicable to the local educational

23 agency or school;
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1 ‘‘(B) certify that the State has in place the

2 standards and assessments required under sec3 tion 1111;

4 ‘‘(C) certify that the State educational

5 agency has a system, as required under section

6 1111, for—

7 ‘‘(i) holding each local educational

8 agency and school accountable for ade9 quate yearly progress (as defined in section

10 1111(b)(2)(B));

11 ‘‘(ii) identifying local educational

12 agencies and schools that are in need of

13 improvement and corrective action (as re14 quired in sections 1116 and 1117);

15 ‘‘(iii) assisting local educational agen16 cies and schools that are identified for im17 provement with the development of im18 provement plans; and

19 ‘‘(iv) providing technical assistance,

20 professional development, and other capac21 ity building as needed to get such agencies

22 and schools out of improvement status;

23 ‘‘(D) certify that the State educational

24 agency shall use the disaggregated results of

25 student assessments required under section
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1 1111(b)(4), and other measures or indicators

2 available, to review annually the progress of

3 each local educational agency and school served

4 under this title to determine whether or not

5 each such agency and school is making ade6 quate yearly progress as required under section

7 1111;

8 ‘‘(E) certify that the State educational

9 agency will take action against a local edu10 cational agency that is in corrective action and

11 receiving funds under this title as described in

12 section 6006(d)(1);

13 ‘‘(F) describe what, if any, State and other

14 resources will be provided to local educational

15 agencies and schools served under this title to

16 carry out activities consistent with this title;

17 and

18 ‘‘(G) certify that the State educational

19 agency has a system to hold local educational

20 agencies accountable for meeting the annual

21 performance objectives required under sub22 section (b)(2)(C).

23 ‘‘(4) APPROVAL.—The Secretary, using a peer

24 review process, shall approve a State plan if the
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1 State plan meets the requirements of this sub2 section.

3 ‘‘(5) DURATION OF THE PLAN.—Each State

4 plan shall remain in effect for the duration of the

5 State’s participation under this title.

6 ‘‘(6) REQUIREMENT.—A State shall not be eli7 gible to receive funds under this title unless the

8 State has established the standards and assessments

9 required under section 1111.

10 ‘‘(b) LOCAL PLANS.—

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

12 agency shall annually submit a local educational

13 agency plan to the State educational agency at such

14 time, in such manner, and accompanied by such in15 formation as the State educational agency may re16 quire.

17 ‘‘(2) CONTENTS.—Each local educational agen18 cy shall—

19 ‘‘(A) describe the programs for which

20 funds allocated under section 6004(3) will be

21 used and the reasons for the selection of such

22 programs;

23 ‘‘(B) describe the methods the local edu24 cational agency will use to measure the annual

25 impact of programs described under subpara-
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1 graph (A) and the extent to which such pro2 grams will increase student academic perform3 ance;

4 ‘‘(C) describe the annual, quantifiable, and

5 measurable performance goals and objectives

6 for each program described under subparagraph

7 (A) and the extent to which such goals and ob8 jectives are aligned with State content and stu9 dent performance standards;

10 ‘‘(D) describe how the local educational

11 agency will hold schools accountable for meeting

12 the intended performance objectives for each

13 program described under subparagraph (C);

14 ‘‘(E) provide an assurance that the local

15 educational agency has met the local plan re16 quirements described in section 1112 for—

17 ‘‘(i) holding schools accountable for

18 adequate yearly progress, including meet19 ing annual numerical goals for improving

20 the performance of all groups of students

21 based on the student performance stand22 ards set by the State under section

23 1111(b)(1)(D)(ii);

24 ‘‘(ii) identifying schools for school im25 provement or corrective action;
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1 ‘‘(iii) fulfilling the local educational

2 agency’s school improvement responsibil3 ities described in section 1116, including

4 taking corrective actions under section

5 1116(c)(10); and

6 ‘‘(iv) providing technical assistance,

7 professional development, or other capacity

8 building to schools served by the agency;

9 ‘‘(F) certify that the local educational

10 agency will take action against a school that is

11 in corrective action and receiving funds under

12 this title as described under section 6006(d)(2);

13 ‘‘(G) describe what State and local re14 sources will be contributed to carrying out pro15 grams described under subparagraph (A);

16 ‘‘(H) provide assurances that the local edu17 cational agency consulted, at a minimum, with

18 parents, school board members, teachers, ad19 ministrators, business partners, education orga20 nizations, and community groups to develop the

21 local educational plan and select the programs

22 to be assisted under this title; and

23 ‘‘(I) provide assurances that the local edu24 cational agency will continue such consultation
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1 on a regular basis and will provide the State

2 with annual evidence of such consultation.

3 ‘‘(3) APPROVAL.—The State, using a peer re4 view process, shall approve a local educational agen5 cy plan if the plan meets the requirements of this

6 subsection.

7 ‘‘(4) DURATION OF THE PLAN.—Each local

8 educational agency plan shall remain in effect for

9 the duration of the local educational agency’s par10 ticipation under this title.

11 ‘‘(5) PUBLIC REVIEW.—Each State educational

12 agency will make publicly available each local edu13 cational agency plan approved under paragraph (3).

14 ‘‘SEC. 6005. LOCAL USES OF FUNDS AND ACCOUNTABILITY.

15 ‘‘(a) ADMINISTRATIVE EXPENSES.—Each local edu16 cational agency receiving a grant award under section

17 6004(3) may use not more than 1 percent of the grant

18 funds for any fiscal year for the cost of administering this

19 title.

20 ‘‘(b) REQUIRED ACTIVITIES.—Each local educational

21 agency that receives a grant award under this title shall

22 use grant funds remaining after the reservation under

23 paragraph (a) in accordance with its local plan submitted

24 under section 6004(b).
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1 ‘‘(c) LIMITATIONS FOR SCHOOLS AND LOCAL EDU2 CATIONAL AGENCIES IN CORRECTIVE ACTION.—

3 ‘‘(1) LOCAL EDUCATIONAL AGENCIES IN COR4 RECTIVE ACTION.—If a local educational agency is

5 identified for corrective action under section

6 1116(d), the State educational agency shall—

7 ‘‘(A) notwithstanding any other provision

8 of law, specify how the local educational agency

9 shall spend the grant funds in order to focus

10 the local educational agency on activities that

11 will be the most effective in raising student per12 formance levels; and

13 ‘‘(B) implement corrective action in ac14 cordance with the provisions for corrective ac15 tion described in section 1116(d).

16 ‘‘(2) SCHOOLS IN CORRECTIVE ACTION.—If a

17 school is identified for corrective action under sec18 tion 1116(c), the local educational agency shall—

19 ‘‘(A) specify how the school shall spend

20 grant funds received under this section in order

21 to focus on activities that will be the most effec22 tive in raising student performance levels; and

23 ‘‘(B) implement corrective action in ac24 cordance with the provisions for corrective ac25 tion described in section 1116(c)(10).
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1 ‘‘(3) DURATION.—Limitations imposed on

2 schools and local educational agencies in corrective

3 action under paragraphs (1) and (2) shall remain in

4 effect until such time as the school or local edu5 cational agency has made sufficient improvement, as

6 determined by the State educational agency, and is

7 no longer in corrective action.

8 ‘‘SEC. 6006. STATE AND LOCAL RESPONSIBILITIES.

9 ‘‘(a) DATA REVIEW.—

10 ‘‘(1) STATE AND LOCAL REVIEW.—A State edu11 cational agency shall jointly review with a local edu12 cational agency described in section 6006(d)(1) the

13 local educational agency’s data gathered from stu14 dent assessments and other measures required under

15 section 1111(b)(4), in order to determine how the

16 local educational agency shall spend the grant funds

17 pursuant to section 6006(d)(1)(A) in order to sub18 stantially increase student performance levels.

19 ‘‘(1) SCHOOL AND LOCAL REVIEW.—A local

20 educational agency shall jointly review with a school

21 described in section 6006(d)(2) the school’s data

22 gathered from student assessments and other meas23 ures required under section 1111(b)(4), in order to

24 determine how the school shall spend grant funds
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1 pursuant to section 6006(d)(2) in order to substan2 tially increase student performance levels.

3 ‘‘(b) TECHNICAL ASSISTANCE.—

4 ‘‘(1) STATE ASSISTANCE.—

5 ‘‘(A) A State educational agency shall pro6 vide, upon request by a local educational agency

7 receiving grant funds under this title, technical

8 assistance to the local educational agency and

9 schools served by the local educational agency,

10 including assistance in analyzing student per11 formance and the impact of programs assisted

12 under this title and identifying the best instruc13 tional strategies and methods for carrying out

14 such programs.

15 ‘‘(B) State assistance may be provided

16 by—

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

18 ‘‘(ii) with the local educational agen19 cy’s approval, by an institution of higher

20 education, a private not-for-profit or for21 profit organization, an educational service

22 agency, the recipient of a Federal contract

23 or cooperative agreement as described in

24 section 7005, a nontraditional entity such

25 as a corporation or consulting firm, or any
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1 other entity with experience in the pro2 gram area for which the assistance is being

3 sought.

4 ‘‘(2) LOCAL ASSISTANCE.—

5 ‘‘(A) A local educational agency shall pro6 vide, upon request by an elementary school or

7 secondary school served by the agency, technical

8 assistance to such school, including assistance

9 in analyzing student performance and the im10 pact of programs assisted under this title, and

11 identifying the best instructional strategies and

12 methods for carrying out such programs.

13 ‘‘(B) Local assistance may be provided

14 by—

15 ‘‘(i) the State educational agency or

16 local educational agency; or

17 ‘‘(ii) with the school’s approval, by an

18 institution of higher education, a private

19 not-for-profit or for-profit organization, an

20 educational service agency, the recipient of

21 a Federal contract or cooperative agree22 ment as described in section 7005, a non23 traditional entity such as a corporation or

24 consulting firm, or any other entity with
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1 experience in the program area for which

2 the assistance is being sought.

3 ‘‘SEC. 6007. LOCAL REPORTS.

4 ‘‘Each local educational agency receiving funds under

5 this title shall annually publish and disseminate to the

6 public in a format and, to the extent practicable, in a lan7 guage that parents can understand, a report on—

8 ‘‘(1) information describing the use of funds in

9 the 4 category areas described in section 6006(b);

10 ‘‘(2) the impact of such programs and an as11 sessment of such programs’ effectiveness; and

12 ‘‘(3) the local educational agency’s progress to13 ward attaining the goals and objectives described

14 under section 6005(b), and the extent to which pro15 grams assisted under this title have increased stu16 dent achievement.

17 ‘‘SEC. 6008. AUTHORIZATION OF APPROPRIATIONS.

18 ‘‘There are authorized to be appropriated to carry out

19 this title $1,000,000,000 for fiscal year 2001, and such

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

21 fiscal years.’’.

22 TITLE VII—ACCOUNTABILITY

23 SEC. 701. ACCOUNTABILITY.

24 Title VII of the Act (20 U.S.C. 7401 et seq.) is

25 amended to read as follows:
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1 ‘‘TITLE VII—ACCOUNTABILITY

2 ‘‘SEC. 7001. SANCTIONS.

3 ‘‘(a) THIRD FISCAL YEAR.—If performance objec4 tives established under a covered provision have not been

5 met by a State receiving grant funds under such provision

6 by the end of the third fiscal year for which the State

7 receives such grant funds, the Secretary shall reduce by

8 50 percent the amount the State is entitled to receive for

9 administrative expenses under such provision.

10 ‘‘(b) FOURTH FISCAL YEAR.—If the State fails to

11 meet the performance objectives established under a cov12 ered provision by the end of the fourth fiscal year for

13 which the State receives grant funds under the covered

14 provision, the Secretary shall reduce the total amount the

15 State receives under title VI by 30 percent.

16 ‘‘(c) DURATION.—If the Secretary determines, under

17 subsection (a) or (b), that a State failed to meet the per18 formance objectives established under a covered provision

19 for a fiscal year, the Secretary shall reduce grant funds

20 in accordance with subsection (a) or (b) for the State for

21 each subsequent fiscal year until the State demonstrates

22 that the State met the performance objectives for the fis23 cal year preceding the demonstration.
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1 ‘‘(d) TECHNICAL ASSISTANCE.—The Secretary shall

2 provide technical assistance, if sought, to a State subjected

3 to sanctions under subsection (a) or (b).

4 ‘‘(e) LOCAL SANCTIONS.—

5 ‘‘(1) IN GENERAL.—Each State receiving assist6 ance under title I, II, III, or VI shall develop a sys7 tem to hold local educational agencies accountable

8 for meeting—

9 ‘‘(A) the performance objectives estab10 lished under part A of title II, part A of title

11 III, and title VI; and

12 ‘‘(B) the adequate yearly progress require13 ments established under part A of title I, and

14 required under part A of title III and title VI.

15 ‘‘(2) SANCTIONS.—A system developed under

16 paragraph (c) shall include a mechanism for sanc17 tioning local educational agencies for low perform18 ance with regard to failure to meet such perform19 ance objectives and adequate yearly progress levels.

20 ‘‘(f) DEFINITIONS.—In this section:

21 ‘‘(1) COVERED PROVISION.—The term ‘covered

22 provision’ means part A of title I, part A of title II,

23 part A of title III, and section 6005(b)(2)(C).

24 ‘‘(2) PERFORMANCE OBJECTIVES.—The term

25 ‘performance objectives’ means in the case of—
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1 ‘‘(A) part A of title I, the adequate yearly

2 progress levels established under subsections

3 (b)(2)(A)(iii) and (b)(2)(B) of section 1111;

4 ‘‘(B) part A of title II, the set of perform5 ance objectives established in section 2014;

6 ‘‘(C) part A of title III, the set of perform7 ance objectives established in section 3109; and

8 ‘‘(D) title VI, the set of performance objec9 tives set by each local educational agency in

10 section 6005(b)(2)(C).

11 ‘‘SEC. 7002. REWARDING HIGH PERFORMANCE.

12 ‘‘(a) STATE REWARDS.—

13 ‘‘(1) IN GENERAL.—From amounts appro14 priated under subsection (d), and from amounts

15 made available as a result of reductions under sec16 tion 7001, the Secretary shall make awards to

17 States that—

18 ‘‘(A) for 3 consecutive years have—

19 ‘‘(i) exceeded the States’ performance

20 objectives established for any title under

21 this Act;

22 ‘‘(ii) exceeded their adequate yearly

23 progress levels established in section

24 1111(b);
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1 ‘‘(iii) significantly narrowed the gaps

2 between minority and non-minority stu3 dents, and between economically disadvan4 taged and non-economically disadvantaged

5 students;

6 ‘‘(iv) raised all students to the pro7 ficient standard level prior to 10 years

8 from the date of enactment of the Edu9 cation Reform Act; or

10 ‘‘(v) significantly increased the per11 centage of core classes being taught by

12 fully qualified teachers teaching in schools

13 receiving funds under part A of title I; or

14 ‘‘(B) by not later than fiscal year 2003,

15 ensure that all teachers teaching in the States’

16 public elementary schools and secondary schools

17 are fully qualified.

18 ‘‘(2) STATE USE OF FUNDS.—

19 ‘‘(A) DEMONSTRATION SITES.—Each State

20 receiving an award under paragraph (1) shall

21 use a portion of the award that is not distrib22 uted under subsection (b) to establish dem23 onstration sites with respect to high-performing

24 schools (based on achievement or performance
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1 levels) objectives and adequate yearly progress

2 in order to help low-performing schools.

3 ‘‘(B) IMPROVEMENT OF PERFORMANCE.—

4 Each State receiving an award under paragraph

5 (1) shall use the portion of the award that is

6 not used pursuant to subparagraph (A) or (C)

7 and is not distributed under subsection (b) for

8 the purpose of improving the level of perform9 ance of all elementary and secondary school

10 students in the State, based on State content

11 and performance standards.

12 ‘‘(C) RESERVATION FOR ADMINISTRATIVE

13 EXPENSES.—Each State receiving an award

14 under paragraph (1) may set aside not more

than 1 15 ⁄2 of 1 percent of the award for the plan16 ning and administrative costs of carrying out

17 this section, including the costs of distributing

18 awards to local educational agencies.

19 ‘‘(b) LOCAL EDUCATIONAL AGENCY AWARDS.—

20 ‘‘(1) IN GENERAL.—Each State receiving an

21 award under subsection (a)(1) shall distribute 80

22 percent of the award funds to local educational

23 agencies in the State that—

24 ‘‘(A) for 3 consecutive years have—
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1 ‘‘(i) exceeded the State-established

2 local educational agency performance ob3 jectives established for any title under this

4 Act;

5 ‘‘(ii) exceeded the adequate yearly

6 progress level established under section

7 1111(b)(2);

8 ‘‘(iii) significantly narrowed the gaps

9 between minority and nonminority stu10 dents, and between economically disadvan11 taged and noneconomically disadvantaged

12 students;

13 ‘‘(iv) raised all students enrolled in

14 schools within the local educational agency

15 to the proficient standard level prior to 10

16 years from the date of enactment of the

17 Education Reform Act; or

18 ‘‘(v) significantly increased the per19 centage of core classes being taught by

20 fully qualified teachers teaching in schools

21 receiving funds under part A of title I; or

22 ‘‘(B) not later than December 31, 2003,

23 ensured that all teachers teaching in the ele24 mentary schools and secondary schools served
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1 by the local educational agencies are fully quali2 fied; or

3 ‘‘(C) have attained consistently high

4 achievement in another area that the State

5 deems appropriate to reward.

6 ‘‘(2) SCHOOL-BASED PERFORMANCE AWARDS.—

7 A local educational agency may use funds made

8 available under paragraph (1) for activities such as

9 school-based performance awards.

10 ‘‘(3) RESERVATION FOR ADMINISTRATIVE EX11 PENSES.—Each local educational agency receiving

12 an award under paragraph (1) may set aside not

more than 1 13 ⁄2 of 1 percent of the award for the plan14 ning and administrative costs of carrying out this

15 section, including the costs of distributing awards to

16 eligible elementary schools and secondary schools,

17 teachers, and principals.

18 ‘‘(c) SCHOOL REWARDS.—Each local educational

19 agency receiving an award under subsection (b) shall con20 sult with teachers and principals to develop a reward sys21 tem, and shall use the award funds—

22 ‘‘(1) to reward individual schools that dem23 onstrate high performance with respect to—

24 ‘‘(A) increasing the academic achievement

25 of all students;
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1 ‘‘(B) narrowing the academic achievement

2 gap described in section 1111(b)(2)(B)(vii);

3 ‘‘(C) improving teacher quality;

4 ‘‘(D) increasing high-quality professional

5 development for teachers, principals, and ad6 ministrators; or

7 ‘‘(E) improving the English proficiency of

8 limited English proficient students;

9 ‘‘(2) to reward collaborative teams of teachers,

10 or teams of teachers and principals, that—

11 ‘‘(A) significantly increase the annual per12 formance of low-performing students; or

13 ‘‘(B) significantly improve in a fiscal year

14 the English proficiency of limited English pro15 ficient students;

16 ‘‘(3) to reward principals who successfully raise

17 the performance of a substantial number of low-per18 forming students to high academic levels;

19 ‘‘(4) to develop or implement school district20 wide programs or policies to increase the level of

21 student performance on State assessments that are

22 aligned with State content standards; and

23 ‘‘(5) to reward schools for consistently high

24 achievement in another area that the local edu25 cational agency deems appropriate to reward.
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1 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There

2 are authorized to be appropriated to carry out this section

3 $200,000,000 for fiscal year 2001, and such sums as may

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

5 ‘‘(e) DEFINITION.—The term ‘low-performing stu6 dent’ means students who are below the basic State stand7 ard level.

8 ‘‘SEC. 7003. SUPPLEMENT NOT SUPPLANT.

9 ‘‘A State educational agency and local educational

10 agency shall use funds under this title to supplement, and,

11 not supplant, Federal, State, and local funds that, in the

12 absence of funds under this title, would otherwise be spent

13 for activities of the type described in section 7002.

14 ‘‘SEC. 7004. SECRETARY’S ACTIVITIES.

15 ‘‘(a) IN GENERAL.—Notwithstanding any other pro16 vision of this Act, from amounts appropriated under sub17 section (b) and not reserved under subsection (c), the Sec18 retary may—

19 ‘‘(1) support activities of the National Board

20 for Professional Teaching Standards;

21 ‘‘(2) study and disseminate information regard22 ing model programs assisted under this Act;

23 ‘‘(3) provide training and technical assistance

24 to States, local educational agencies, elementary

25 schools and secondary schools, Indian tribes, and
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1 other recipients of grant funds under this Act that

2 are carrying out activities assisted under this Act,

3 including entering into contracts or cooperative

4 agreements with public or private nonprofit entities

5 or consortia of such entities, in order to provide

6 comprehensive training and technical assistance re7 lated to the administration and implementation of

8 activities assisted under this Act;

9 ‘‘(4) support activities that will promote sys10 temic education reform at the State and local levels;

11 ‘‘(5) award grants or contracts to public or pri12 vate nonprofit entities to enable the entities—

13 ‘‘(A) to develop and disseminate exemplary

14 reading, mathematics, science, and technology

15 educational practices, and instructional mate16 rials to States, local educational agencies, and

17 elementary schools and secondary schools; and

18 ‘‘(B) to provide technical assistance for the

19 implementation of teaching methods and assess20 ment tools for use by elementary schools and

21 secondary school students, teachers, and admin22 istrators;

23 ‘‘(6) disseminate information on models of

24 value-added assessments;
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1 ‘‘(7) award a grant or contract to a public or

2 private nonprofit entity or consortium of such enti3 ties for the development and dissemination of exem4 plary programs and curricula for accelerated and ad5 vanced learning for all students, including gifted and

6 talented students;

7 ‘‘(8) award a grant or contract with Reading Is

8 Fundamental, Inc. and other public or private non9 profit entities to support and promote programs

10 which include the distribution of inexpensive books

11 to students and literacy activities that motivate chil12 dren to read; and

13 ‘‘(9) provide assistance to States—

14 ‘‘(A) by assisting in the development of

15 English language development standards and

16 high-quality assessments, if requested by a

17 State participating in activities under subtitle A

18 of title III; and

19 ‘‘(B) by developing native language tests

20 for limited English proficient students that a

21 State may administer to such students to assess

22 student achievement in at least reading, science,

23 and mathematics, consistent with section 1111.

24 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There

25 are authorized to be appropriated to carry out this section
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1 $150,000,000 for fiscal year 2002, and such sums as may

2 be necessary for each of the 4 succeeding fiscal years.

3 ‘‘(c) RESERVATION.—From the amounts appro4 priated under subsection (b) the Secretary shall reserve

5 $10,000,000 for the purposes of carrying out activities

6 under section 1202(c).’’.

7 TITLE VIII—GENERAL

8 PROVISIONS AND REPEALS

9 SEC. 801. REPEALS, TRANSFERS, AND REDESIGNATIONS RE10 GARDING TITLES VIII AND XIV.

11 (a) IN GENERAL.—The Act (20 U.S.C. 6301 et seq.)

12 is amended—

13 (1) by inserting after title VII the following:

14 ‘‘TITLE VIII—GENERAL

15 PROVISIONS’’;

16 (2) by repealing sections 14514 and 14603 (20

17 U.S.C. 8904, 8923);

18 (3)(A) by transferring title XIV (20 U.S.C.

19 8801 et seq.) to title VIII and inserting such title

20 after the title heading for title VIII; and

21 (B) by striking the title heading for title XIV;

22 (4)(A) by redesignating part H of title VIII (as

23 redesignated by paragraph (3)) as part I of title

24 VIII; and
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1 (B) by redesignating the references to part H

2 of title VIII as references to part I of title VIII;

3 (5) by inserting after part G of title VIII the

4 following:

5 ‘‘PART H—SUPPLEMENT, NOT SUPPLANT

6 ‘‘SEC. 8801. SUPPLEMENT, NOT SUPPLANT.

7 ‘‘A State educational agency or local educational

8 agency shall use funds received under the Act to supple9 ment, and not supplant, State and local funds that, in the

10 absence of funds under this Act, would otherwise be spent

11 for activities under this Act.’’;

12 (6) by redesignating the references to title XIV

13 as references to title VIII;

14 (7)(A) by redesignating sections 14101 through

15 14103 (20 U.S.C. 8801, 8803) (as transferred by

16 paragraph (3)) as sections 8101 through 8103, re17 spectively; and

18 (B) by redesignating the references to such sec19 tions 14101 through 14103 as references to sections

20 8101 through 8103, respectively;

21 (8)(A) by redesignating sections 14201 through

22 14206 (20 U.S.C. 8821, 8826) (as transferred by

23 paragraph (3)) as sections 8201 through 8206, re24 spectively; and
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1 (B) by redesignating the references to such sec2 tions 14201 through 14206 as references to sections

3 8201 through 8206, respectively;

4 (9)(A) by redesignating sections 14301 through

5 14307 (20 U.S.C. 8851, 8857) (as transferred by

6 paragraph (3)) as sections 8301 through 8307, re7 spectively; and

8 (B) by redesignating the references to such sec9 tions 14301 through 14307 as references to sections

10 8301 through 8307, respectively;

11 (10)(A) by redesignating section 14401 (20

12 U.S.C. 8881) (as transferred by paragraph (3)) as

13 section 8401; and

14 (B) by redesignating the references to such sec15 tion 14401 as references to section 8401;

16 (11)(A) by redesignating sections 14501

17 through 14513 (20 U.S.C. 8891, 8903) (as trans18 ferred by paragraph (3)) as sections 8501 through

19 8513, respectively; and

20 (B) by redesignating the references to such sec21 tions 14501 through 14513 as references to sections

22 8501 through 8513, respectively;

23 (12)(A) by redesignating sections 14601 and

24 14602 (20 U.S.C. 8921, 8922) (as transferred by
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1 paragraph (3)) as sections 8601 and 8602, respec2 tively; and

3 (B) by redesignating the references to such sec4 tions 14601 and 14602 as references to sections

5 8601 and 8602, respectively;

6 (13)(A) by redesignating section 14701 (20

7 U.S.C. 8941) (as transferred by paragraph (3)) as

8 section 8701; and

9 (B) by redesignating the references to such sec10 tion 14701 as references to section 8701; and

11 (14)(A) by redesignating sections 14801 and

12 14802 (20 U.S.C. 8961, 8962) (as transferred by

13 paragraph (3)) as sections 8901 and 8902, respec14 tively; and

15 (B) by redesignating the references to such sec16 tions 14801 and 14802 as references to sections

17 8901 and 8902, respectively.

18 (b) AMENDMENTS.—Title VIII (as so transferred and

19 redesignated) is amended—

20 (1) in section 8101(10) (as redesignated by

21 subsection (a)(7))—

22 (A) by striking subparagraphs (C) through

23 (F); and

24 (B) by adding after subparagraph (B) the

25 following:
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1 ‘‘(C) part A of title II;

2 ‘‘(D) part A of title III; and

3 ‘‘(E) title IV.’’;

4 (2) in section 8102 (as redesignated by sub5 section (a)(7)), by striking ‘‘VIII’’ and inserting

6 ‘‘V’’;

7 (3) in section 8201 (as redesignated by sub8 section (a)(8))—

9 (A) in subsection (a)(2), by striking ‘‘, and

10 administrative funds under section 308(c) of

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

12 (B) by striking subsection (f);

13 (4) in section 8203(b) (as redesignated by sub14 section (a)(8)), by striking ‘‘Improving America’s

15 Schools Act of 1994’’ and inserting ‘‘Education Re16 form Act’’;

17 (5) in section 8204 (as redesignated by sub18 section (a)(8))—

19 (A) by striking subsection (b); and

20 (B) in subsection (a)—

21 (i) in paragraph (2)—

22 (I) in the matter preceding sub23 paragraph (A), by striking ‘‘1995’’

24 and inserting ‘‘2001’’;
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1 (II) in subparagraph (B), by in2 serting ‘‘professional development,’’

3 after ‘‘curriculum development,’’; and

4 (ii) in paragraph (4)—

5 (I) by striking ‘‘and section

6 410(b) of the Improving America’s

7 Schools Act of 1994’’; and

8 (II) by striking ‘‘paragraph (2)’’

9 and inserting ‘‘subsection (a)(2)’’;

10 (III) by striking the following:

11 ‘‘(4) RESULTS.—’’ and inserting the following:

12 ‘‘(b) RESULTS.—’’;

13 (IV) by striking the following:

14 ‘‘(A) develop’’ and inserting the following:

15 ‘‘(1) develop’’; and

16 (V) by striking the following:

17 ‘‘(B) within’’ and inserting the following:

18 ‘‘(2) within’’;

19 (6) in section 8205(a)(1) (as redesignated by

20 subsection (a)(8)), by striking ‘‘part A of title IX’’

21 and inserting ‘‘part B of title III’’;

22 (7) in section 8206 (as redesignated by sub23 section (a)(8))—

24 (A) by striking ‘‘(a) UNNEEDED PROGRAM

25 FUNDS.—’’; and
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1 (B) by striking subsection (b);

2 (8) in section 8302(a)(2) (as redesignated by

3 subsection (a)(9))—

4 (A) by striking subparagraph (C); and

5 (B) by redesignating subparagraphs (D)

6 and (E) as subparagraphs (C) and (D), respec7 tively;

8 (9) in section 8304(b) (as redesignated by sub9 section (a)(9)), by striking ‘‘Improving America’s

10 Schools Act of 1994’’ and inserting ‘‘Education Re11 form Act’’;

12 (10) in section 8401 (as redesignated by sub13 section (a)(10))—

14 (A) in subsection (a), by striking ‘‘Except

15 as provided in subsection (c),’’ and inserting

16 ‘‘Notwithstanding any other provision regarding

17 waivers in this Act and except as provided in

18 subsection (c),’’; and

19 (B) in subsection (c)(8), by striking ‘‘part

20 C of title X’’ and inserting ‘‘part B of title IV’’;

21 (11) in section 8502 (as redesignated by sub22 section (a)(11)), by striking ‘‘VIII’’ and inserting

23 ‘‘V’’;

24 (12) in section 8503(b)(1) (as redesignated by

25 subsection (a)(11))—
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1 (A) by striking subparagraphs (B) through

2 (E);

3 (B) by redesignating subparagraph (A) as

4 subparagraph (B);

5 (C) by inserting before subparagraph (B)

6 the following:

7 ‘‘(A) part A of title I;’’; and

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

9 ‘‘(C) title II;

10 ‘‘(D) title III;

11 ‘‘(E) title VI.’’; and

12 (13) in section 8506(d) (as redesignated by

13 subsection (a)(11)), by striking ‘‘Improving Amer14 ica’s Schools Act of 1994’’ and inserting ‘‘Education

15 Reform Act’’;

16 (14) in section 8513 (as redesignated by sub17 section (a)(11)), by striking ‘‘Improving America’s

18 Schools Act of 1994’’ each place it appears and in19 serting ‘‘Education Reform Act’’;

20 (15) in section 8601 (as redesignated by sub21 section (a)(12))—

22 (A) in subsection (b)(3)—

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

24 ‘‘Improving America’s Schools Act of
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1 1994’’ and inserting ‘‘Education Reform

2 Act’’; and

3 (ii) in subparagraph (B), by striking

4 ‘‘Improving America’s Schools Act’’ and

5 inserting ‘‘Education Reform Act’’; and

6 (B) in subsection (f), by striking ‘‘Improv7 ing America’s Schools Act of 1994’’ and insert8 ing ‘‘Education Reform Act’’; and

9 (16) in section 8701(b) (as redesignated by

10 subsection (a)(13))—

11 (A) in paragraph (1)—

12 (i) in subparagraph (B)—

13 (I) in clause (i), by striking ‘‘Im14 proving America’s Schools Act of

15 1994’’ and inserting ‘‘Education Re16 form Act’’;

17 (II) in clause (ii), by striking

18 ‘‘such as the initiatives under the

19 Goals 2000: Educate America Act,

20 and’’ and inserting ‘‘under’’; and

21 (III) in clause (v), by striking ‘‘,

22 the Advisory Council on Education

23 Statistics, and the National Education

24 Goals Panel’’ and inserting ‘‘and the
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1 Advisory Council on Education Statis2 tics’’; and

3 (ii) in subparagraph (C)(ii), by strik4 ing ‘‘the School-to-Work Opportunities Act

5 of 1994, and the Goals 2000: Educate

6 America Act’’ and inserting ‘‘and the

7 School-to-Work Opportunities Act of

8 1994’’; and

9 (B) in paragraph (3), by striking ‘‘1998’’

10 and inserting ‘‘2004’’.

11 SEC. 802. OTHER REPEALS.

12 Titles V and XIII (20 U.S.C. 7201 et seq., and 8601

13 et seq.) and the Goals 2000: Educate America Act (20

14 U.S.C. 5801 et seq.) are repealed.

15 TITLE IX—TECHNOLOGY FOR

16 EDUCATION

17 SEC. 901. TECHNOLOGY FOR EDUCATION.

18 Title X (20 U.S.C. 8001 et seq.) is amended to read

19 as follows:

20 ‘‘SEC. 10101. SHORT TITLE.

21 ‘‘This title may be cited as the ‘Technology for Edu22 cation Act of 2000’.
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1 ‘‘PART A—TECHNOLOGY FOR EDUCATION OF ALL

2 STUDENTS

3 ‘‘SEC. 10111. FINDINGS.

4 ‘‘The Congress finds that—

5 ‘‘(1) technology can produce far greater oppor6 tunities for all students to learn to high standards,

7 promote efficiency and effectiveness in education,

8 and help propel our Nation’s school systems into

9 very immediate and dramatic reform, without which

10 our Nation will not meet the National Education

11 Goals by the target year 2000;

12 ‘‘(2) the use of technology as a tool in the

13 teaching and learning process is essential to the de14 velopment and maintenance of a technologically lit15 erate citizenry and an internationally competitive

16 workforce;

17 ‘‘(3) the acquisition and use of technology in

18 education throughout the United States has been in19 hibited by—

20 ‘‘(A) the absence of Federal leadership;

21 ‘‘(B) the inability of many State and local

22 educational agencies to invest in and support

23 needed technologies;

24 ‘‘(C) the limited exposure of students and

25 teachers to the power of technology as a cost-
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1 effective tool to improve student learning and

2 achievement;

3 ‘‘(D) the lack of appropriate electrical and

4 telephone connections in the classroom; and

5 ‘‘(E) the limited availability of appropriate

6 technology-enhanced curriculum, instruction,

7 professional development, and administrative

8 support resources and services in the edu9 cational marketplace;

10 ‘‘(4) policies at the Federal, State, and local

11 levels concerning technology in education must ad12 dress disparities in the availability of technology to

13 different groups of students, give priority to serving

14 students in greatest need, and recognize that edu15 cational telecommunications and technology can ad16 dress educational equalization concerns and school

17 restructuring needs by providing universal access to

18 high-quality teaching and programs, particularly in

19 urban and rural areas;

20 ‘‘(5) the increasing use of new technologies and

21 telecommunications systems in business has in22 creased the gap between schooling and work force

23 preparation, and underscores the need for tech24 nology policies at the Federal, State, tribal, and
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1 local levels that address preparation for school-to2 work transitions;

3 ‘‘(6) technology can enhance the ongoing pro4 fessional development of teachers and administrators

5 by providing constant access to updated research in

6 teaching and learning by means of telecommuni7 cations, and, through exposure to technology ad8 vancements, keep teachers and administrators ex9 cited and knowledgeable about unfolding opportuni10 ties for the classroom;

11 ‘‘(7) planned and creative uses of technology,

12 combined with teachers adequately trained in the

13 use of technology, can reshape our Nation’s tradi14 tional method of providing education and empower

15 teachers to create an environment in which students

16 are challenged through rigorous, rich classroom in17 struction provided at a pace suited to each student’s

18 learning style, and in which students have increased

19 opportunities to develop higher order thinking and

20 technical skills;

21 ‘‘(8) schools need new ways of financing the ac22 quisition and maintenance of educational technology;

23 ‘‘(9) the needs for educational technology differ

24 from State to State;
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1 ‘‘(10) technology can provide students, parents,

2 teachers, other education professionals, communities,

3 and industry with increased opportunities for part4 nerships and with increased access to information,

5 instruction, and educational services in schools and

6 other settings, including homes, libraries, preschool

7 and child-care facilities, adult and family education

8 programs, and postsecondary institutions;

9 ‘‘(11) the Department, consistent with the over10 all national technology policy established by the

11 President, must assume a vital leadership and co12 ordinating role in developing the national vision and

13 strategy to infuse advanced technology throughout

14 all educational programs;

15 ‘‘(12) Federal support can ease the burden at

16 the State and local levels by enabling the acquisition

17 of advanced technology and initiating the develop18 ment of teacher training and support as well as new

19 educational products;

20 ‘‘(13) leadership at the Federal level should

21 consider guidelines to ensure that educational tech22 nology is accessible to all users with maximum inter23 operability nationwide;
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1 ‘‘(14) the rapidly changing nature of technology

2 requires coordination and flexibility in Federal lead3 ership; and

4 ‘‘(15) technology has the potential to assist and

5 support the improvement of teaching and learning in

6 schools and other settings.

7 ‘‘SEC. 10112. STATEMENT OF PURPOSE.

8 ‘‘The purpose of this part is to support a comprehen9 sive system for the acquisition and use by elementary and

10 secondary schools in the United States of technology and

11 technology-enhanced curricula, instruction, and adminis12 trative support resources and services to improve the deliv13 ery of educational services. Such system shall include—

14 ‘‘(1) national leadership with respect to the

15 need for, and the provision of, appropriate tech16 nology-enhanced curriculum, instruction, and admin17 istrative programs to improve learning in the United

18 States, and to promote equal access for all students

19 to educational opportunities in order to achieve the

20 National Education Goals by the year 2000;

21 ‘‘(2) funding mechanisms which will support the

22 development, interconnection, implementation, im23 provement, and maintenance of an effective edu24 cational technology infrastructure, including activi25 ties undertaken by State and local educational agen-
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1 cies to promote and provide equipment, training for

2 teachers and school library and media personnel,

3 and technical support;

4 ‘‘(3) support for technical assistance, profes5 sional development, information and resource dis6 semination, in order to help States, local educational

7 agencies, teachers, school library and media per8 sonnel, and administrators successfully integrate

9 technology into kindergarten through 12th grade

10 classrooms and library media centers;

11 ‘‘(4) support for the development of educational

12 and instructional programming in core subject areas,

13 which shall address the National Education Goals;

14 ‘‘(5) strengthening and building upon, but not

15 duplicating, existing telecommunications infrastruc16 tures dedicated to educational purposes;

17 ‘‘(6) development and evaluation of new and

18 emerging educational technologies, telecommuni19 cations networks, and state-of-the-art educational

20 technology products that promote the use of ad21 vanced technologies in the classroom and school li22 brary media center;

23 ‘‘(7) assessment data regarding state-of-the-art

24 uses of technologies in United States education upon

25 which commercial and noncommercial telecommuni-
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1 cations entities, and governments can rely for deci2 sionmaking about the need for, and provision of, ap3 propriate technologies for education in the United

4 States;

5 ‘‘(8) ensuring that uses of educational tech6 nology are consistent with the overall national tech7 nology policy established by the President, and en8 suring that Federal technology-related policies and

9 programs will facilitate the use of technology in edu10 cation;

11 ‘‘(9) ensuring that activities supported under

12 this part will form the basis for sound State and

13 local decisions about investing in, sustaining, and ex14 panding uses of technology in education;

15 ‘‘(10) establishing working guidelines to ensure

16 maximum interoperability nationwide and ease of ac17 cess for the emerging technologies so that no school

18 system will be excluded from the technological revo19 lution;

20 ‘‘(11) ensuring that, as technological advances

21 are made, the educational uses of these advances are

22 considered and their applications are developed; and

23 ‘‘(12) encouragement of collaborative relation24 ships among the State agency for higher education,

25 the State library administrative agency, the State
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1 telecommunications agency, and the State edu2 cational agency, in the area of technology support to

3 strengthen the system of education.

4 ‘‘SEC. 10113. DEFINITIONS.

5 ‘‘For purposes of this title—

6 ‘‘(1) the term ‘adult education’ has the same

7 meaning given such term by section 203 of the

8 Adult Education and Family Literacy Act;

9 ‘‘(2) the term ‘all students’ means students

10 from a broad range of backgrounds and cir11 cumstances, including disadvantaged students, stu12 dents with diverse racial, ethnic, and cultural back13 grounds, students with disabilities, students with

14 limited English proficiency, students who have

15 dropped out of school, and academically talented

16 students;

17 ‘‘(3) the term ‘information infrastructure’

18 means a network of communication systems de19 signed to exchange information among all citizens

20 and residents of the United States;

21 ‘‘(4) the term ‘instructional programming’

22 means the full range of audio and video data, text,

23 graphics, or additional state-of-the-art communica24 tions, including multimedia based resources distrib25 uted through interactive, command and control, or
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1 passive methods for the purpose of education and

2 instruction;

3 ‘‘(5) the terms ‘interoperable’ and ‘interoper4 ability’ mean the ability to exchange easily data

5 with, and connect to, other hardware and software

6 in order to provide the greatest accessibility for all

7 students and other users;

8 ‘‘(6) the term ‘Office’ means the Office of Edu9 cational Technology;

10 ‘‘(7) the term ‘public telecommunications entity’

11 has the same meaning given to such term by section

12 397(12) of the Communications Act of 1934;

13 ‘‘(8) the term ‘regional educational laboratory’

14 means a regional educational laboratory supported

15 under section 941(h) of the Educational, Research,

16 Development, Dissemination, and Improvement Act

17 of 1994;

18 ‘‘(9) the term ‘State educational agency’ in19 cludes the Bureau of Indian Affairs for purposes of

20 serving schools funded by the Bureau of Indian Af21 fairs in accordance with this part;

22 ‘‘(10) the term ‘State library administrative

23 agency’ has the same meaning given to such term in

24 section 3 of the Library Services and Construction

25 Act; and
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1 ‘‘(11) the term ‘technology’ means state-of-the2 art technology products and services, such as closed

3 circuit television systems, educational television and

4 radio programs and services, cable television, sat5 ellite, copper and fiber optic transmission, computer

6 hardware and software, video and audio laser and

7 CD–ROM discs, and video and audio tapes.

8 ‘‘SEC. 10114. AUTHORIZATION OF APPROPRIATIONS; FUND9 ING RULE.

10 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—

11 ‘‘(1) SUBPARTS 1, 2, AND 3.—There are author12 ized to be appropriated $200,000,000 for fiscal year

13 2002 and such sums as may be necessary for each

14 of the four succeeding fiscal years to carry out sub15 parts 1, 2, and 3, of which—

16 ‘‘(A)(i) $3,000,000 shall be available to

17 carry out subpart 1 (National Programs for

18 Technology in Education) for any such year for

19 which the amount appropriated under this sub20 section is less than $75,000,000; and

21 ‘‘(ii) $5,000,000 shall be available to carry

22 out subpart 1 for any such year for which the

23 amount appropriated under this subsection is

24 equal to or greater than $75,000,000;
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1 ‘‘(B) $10,000,000 shall be available to

2 carry out subpart 3 (Regional Technical Sup3 port and Professional Development) for each

4 such year; and

5 ‘‘(C) the remainder shall be available to

6 carry out subpart 2 (State and Local Programs

7 for School Technology Resources) for each such

8 year.

9 ‘‘(2) SUBPART 4.—For the purpose of carrying

10 out subpart 4, there are authorized to be appro11 priated $50,000,000 for fiscal year 2001 and such

12 sums as may be necessary for each of the four suc13 ceeding fiscal years.

14 ‘‘(b) FUNDING RULE.—

15 ‘‘(1) APPROPRIATIONS OF LESS THAN

16 $75,000,000.—For any fiscal year for which the

17 amount appropriated under subsection (a)(1) is less

18 than $75,000,000, from the remainder of funds

19 made available under subsection (a)(1)(C) the Sec20 retary shall award grants for the National Challenge

21 Grants in accordance with section 10136.

22 ‘‘(2) APPROPRIATIONS EQUAL TO OR GREATER

23 THAN $75,000,000.—For any fiscal year for which the

24 amount appropriated under subsection (a)(1) is

25 equal to or greater than $75,000,000, from the re-
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1 mainder of funds made available under subsection

2 (a)(1)(C) the Secretary shall award grants to State

3 educational agencies from allotments under section

4 10131, except that the Secretary may reserve, from

5 such remainder, such funds as the Secretary deter6 mines necessary to meet outstanding obligations for

7 such fiscal year to continue the National Challenge

8 Grants for Technology awarded under section

9 10136.

10 ‘‘SEC. 10115. LIMITATION ON COSTS.

11 ‘‘Not more than 5 percent of the funds under this

12 part that are made available to a recipient of funds under

13 this part for any fiscal year may be used by such recipient

14 for administrative costs or technical assistance.

15 ‘‘Subpart 1—National Programs for Technology in

16 Education

17 ‘‘SEC. 10121. NATIONAL LONG-RANGE TECHNOLOGY PLAN.

18 ‘‘(a) IN GENERAL.—The Secretary shall develop and

19 publish not later than 12 months after the date of the

20 enactment of the Education Reform Act, and update when

21 the Secretary determines appropriate, a national long22 range plan that supports the overall national technology

23 policy and carries out the purposes of this part.

24 ‘‘(b) PLAN REQUIREMENTS.—The Secretary shall—
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1 ‘‘(1) develop the national long-range plan in

2 consultation with other Federal departments or

3 agencies, State and local education practitioners and

4 policymakers, experts in technology and the applica5 tions of technology to education, representatives of

6 distance learning consortia, representatives of tele7 communications partnerships receiving assistance

8 under the Star Schools Act, and providers of tech9 nology services and products;

10 ‘‘(2) transmit such plan to the President and to

11 the appropriate committees of the Congress; and

12 ‘‘(3) publish such plan in a form that is readily

13 accessible to the public.

14 ‘‘(c) CONTENTS OF THE PLAN.—The national long15 range plan shall describe the Secretary’s activities to pro16 mote the purposes of this title, including—

17 ‘‘(1) how the Secretary will encourage the effec18 tive use of technology to provide all students the op19 portunity to achieve State content standards and

20 State student performance standards, especially

21 through programs administered by the Department;

22 ‘‘(2) joint activities in support of the overall na23 tional technology policy with other Federal depart24 ments or agencies, such as the Office of Science and

25 Technology Policy, the National Endowment for the
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1 Humanities, the National Endowment for the Arts,

2 the National Institute for Literacy, the National

3 Aeronautics and Space Administration, the National

4 Science Foundation, the Bureau of Indian Affairs,

5 and the Departments of Commerce, Energy, Health

6 and Human Services, and Labor—

7 ‘‘(A) to promote the use of technology in

8 education, training, and lifelong learning, in9 cluding plans for the educational uses of a na10 tional information infrastructure; and

11 ‘‘(B) to ensure that the policies and pro12 grams of such departments or agencies facili13 tate the use of technology for educational pur14 poses, to the extent feasible;

15 ‘‘(3) how the Secretary will work with edu16 cators, State and local educational agencies, and ap17 propriate representatives of the private sector to fa18 cilitate the effective use of technology in education;

19 ‘‘(4) how the Secretary will promote—

20 ‘‘(A) higher achievement of all students

21 through the integration of technology into the

22 curriculum;

23 ‘‘(B) increased access to the benefits of

24 technology for teaching and learning for schools
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1 with a high number or percentage of children

2 from low-income families;

3 ‘‘(C) the use of technology to assist in the

4 implementation of State systemic reform strate5 gies;

6 ‘‘(D) the application of technological ad7 vances to use in education;

8 ‘‘(E) increased access to high quality adult

9 and family education services through the use

10 of technology for instruction and professional

11 development; and

12 ‘‘(F) increased opportunities for the pro13 fessional development of teachers in the use of

14 new technologies;

15 ‘‘(5) how the Secretary will determine, in con16 sultation with appropriate individuals, organizations,

17 industries, and agencies, the feasibility and desir18 ability of establishing guidelines to facilitate an easy

19 exchange of data and effective use of technology in

20 education;

21 ‘‘(6) how the Secretary will promote the ex22 change of information among States, local edu23 cational agencies, schools, consortia, and other enti24 ties concerning the effective use of technology in

25 education;
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1 ‘‘(7) how the Secretary will utilize the outcomes

2 of the evaluation undertaken pursuant to section

3 10123 to promote the purposes of this part; and

4 ‘‘(8) the Secretary’s long-range measurable

5 goals and objectives relating to the purposes of this

6 part.

7 ‘‘SEC. 10122. FEDERAL LEADERSHIP.

8 ‘‘(a) PROGRAM AUTHORIZED.—In order to provide

9 Federal leadership in promoting the use of technology in

10 education, the Secretary, in consultation with the National

11 Science Foundation, the Department of Commerce, the

12 United States National Commission on Libraries and In13 formation Sciences, and other appropriate Federal agen14 cies, may carry out activities designed to achieve the pur15 poses of this part directly or by awarding grants or con16 tracts competitively and pursuant to a peer review process

17 to, or entering into contracts with, State educational agen18 cies, local educational agencies, institutions of higher edu19 cation, or other public and private nonprofit or for-profit

20 agencies and organizations.

21 ‘‘(b) ASSISTANCE.—

22 ‘‘(1) IN GENERAL.—The Secretary shall provide

23 assistance to the States to enable such States to

24 plan effectively for the use of technology in all

25 schools throughout the State in accordance with the
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1 purpose and requirements of section 317 of the

2 Goals 2000: Educate America Act.

3 ‘‘(2) OTHER FEDERAL AGENCIES.—For the

4 purpose of carrying out coordinated or joint activi5 ties consistent with the purposes of this part, the

6 Secretary may accept funds from, and transfer

7 funds to, other Federal agencies.

8 ‘‘(c) USES OF FUNDS.—The Secretary shall use

9 funds made available to carry out this section for activities

10 designed to carry out the purpose of this part, such as—

11 ‘‘(1) providing assistance to technical assistance

12 providers to enable such providers to improve sub13 stantially the services such providers offer to edu14 cators regarding the uses of technology for edu15 cation, including professional development;

16 ‘‘(2) providing development grants to technical

17 assistance providers, to enable such providers to im18 prove substantially the services such providers offer

19 to educators on the educational uses of technology,

20 including professional development;

21 ‘‘(3) consulting with representatives of industry,

22 elementary and secondary education, higher edu23 cation, adult and family education, and appropriate

24 experts in technology and educational applications of
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1 technology in carrying out activities under this sub2 part;

3 ‘‘(4) research on, and the development of,

4 guidelines to facilitate maximum interoperability, ef5 ficiency and easy exchange of data for effective use

6 of technology in education;

7 ‘‘(5) research on, and the development of, appli8 cations for education of the most advanced and

9 newly emerging technologies which research shall be

10 coordinated, when appropriate, with the Office of

11 Educational Research and Improvement, and other

12 Federal agencies;

13 ‘‘(6) the development, demonstration, and eval14 uation of the educational aspects of high perform15 ance computing and communications technologies

16 and of the national information infrastructure, in

17 providing professional development for teachers,

18 school librarians, and other educators; enriching aca19 demic curricula for elementary and secondary

20 schools; facilitating communications among schools,

21 local educational agencies, libraries, parents, and

22 local communities and in other such areas as the

23 Secretary deems appropriate;

24 ‘‘(7) the development, demonstration, and eval25 uation of applications of existing technology in pre-
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1 school education, elementary and secondary edu2 cation, training and lifelong learning, and profes3 sional development of educational personnel;

4 ‘‘(8) the development and evaluation of software

5 and other products, including multimedia television

6 programming, that incorporate advances in tech7 nology and help achieve the National Education

8 Goals, State content standards and State student

9 performance standards;

10 ‘‘(9) the development, demonstration, and eval11 uation of model strategies for preparing teachers

12 and other personnel to use technology effectively to

13 improve teaching and learning;

14 ‘‘(10) the development of model programs that

15 demonstrate the educational effectiveness of tech16 nology in urban and rural areas and economically

17 distressed communities;

18 ‘‘(11) research on, and the evaluation of, the ef19 fectiveness and benefits of technology in education;

20 ‘‘(12) a biennial assessment of, and report to

21 the public regarding, the uses of technology in ele22 mentary and secondary education throughout the

23 United States upon which private businesses and

24 Federal, State, tribal, and local governments may

25 rely for decisionmaking about the need for, and pro-
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1 vision of, appropriate technologies in schools, which

2 assessment and report shall use, to the extent pos3 sible, existing information and resources;

4 ‘‘(13) conferences on, and dissemination of in5 formation regarding, the uses of technology in edu6 cation;

7 ‘‘(14) the development of model strategies to

8 promote gender equity concerning access to, and the

9 use of, technology in the classroom;

10 ‘‘(15) encouraging collaboration between the

11 Department and other Federal agencies in the devel12 opment, implementation, evaluation and funding of

13 applications of technology for education, as appro14 priate; and

15 ‘‘(16) such other activities as the Secretary de16 termines will meet the purposes of this subpart.

17 ‘‘(d) NON-FEDERAL SHARE.—

18 ‘‘(1) IN GENERAL.—Subject to paragraphs (2)

19 and (3), the Secretary may require any recipient of

20 a grant or contract under this section to share in the

21 cost of the activities assisted under such grant or

22 contract, which non-Federal share shall be an23 nounced through a notice in the Federal Register

24 and may be in the form of cash or in-kind contribu25 tions, fairly valued.
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1 ‘‘(2) INCREASE.—The Secretary may increase

2 the non-Federal share that is required of a recipient

3 of a grant or contract under this section after the

4 first year such recipient receives funds under such

5 grant or contract.

6 ‘‘(3) MAXIMUM.—The non-Federal share re7 quired under this section shall not exceed 50 percent

8 of the cost of the activities assisted pursuant to a

9 grant or contract under this section.

10 ‘‘SEC. 10123. STUDY, EVALUATION AND REPORT OF FUND11 ING ALTERNATIVES.

12 ‘‘The Secretary, through the Office of Educational

13 Technology, shall conduct a study to evaluate, and report

14 to the Congress on, the feasibility of several alternative

15 models for providing sustained and adequate funding for

16 schools throughout the United States so that such schools

17 are able to acquire and maintain technology-enhanced cur18 riculum, instruction, and administrative support resources

19 and services. Such report shall be submitted to the Con20 gress not later than one year after the date of enactment

21 of the Education Reform Act.

22 ‘‘Subpart 2—State and Local Programs for School

23 Technology Resources

24 ‘‘SEC. 10131. ALLOTMENT AND REALLOTMENT.

25 ‘‘(a) ALLOTMENT.—
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1 ‘‘(1) IN GENERAL.—Except as provided in para2 graph (2), each State educational agency shall be el3 igible to receive a grant under this subpart for a fis4 cal year in an amount which bears the same rela5 tionship to the amount made available under section

6 10114(a)(1)(C) for such year as the amount such

7 State received under part A of title I for such year

8 bears to the amount received for such year under

9 such part by all States.

10 ‘‘(2) MINIMUM.—No State educational agency

11 shall be eligible to receive a grant under paragraph

12 (1) in any fiscal year in an amount which is less

13 than one-half of one percent of the amount made

14 available under section 10115(a)(1)(C) for such

15 year.

16 ‘‘(b) REALLOTMENT OF UNUSED FUNDS.—

17 ‘‘(1) IN GENERAL.—The amount of any State

18 educational agency’s allotment under subsection (a)

19 for any fiscal year which the Secretary determines

20 will not be required for such fiscal year to carry out

21 this subpart shall be available for reallotment from

22 time to time, on such dates during such year as the

23 Secretary may determine, to other State educational

24 agencies in proportion to the original allotments to

25 such State educational agencies under subsection (a)
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1 for such year, but with such proportionate amount

2 for any of such other State educational agencies

3 being reduced to the extent such amount exceeds the

4 sum the Secretary estimates such State needs and

5 will be able to use for such year.

6 ‘‘(2) OTHER REALLOTMENTS.—The total of re7 ductions under paragraph (1) shall be similarly real8 lotted among the State educational agencies whose

9 proportionate amounts were not so reduced. Any

10 amounts reallotted to a State educational agency

11 under this subsection during a year shall be deemed

12 a subpart of such agencies allotment under sub13 section (a) for such year.

14 ‘‘SEC. 10132. SCHOOL TECHNOLOGY RESOURCE GRANTS.

15 ‘‘(a) GRANTS TO STATES.—

16 ‘‘(1) IN GENERAL.—From amounts made avail17 able under section 10131, the Secretary, through the

18 Office of Educational Technology, shall award

19 grants to State educational agencies having applica20 tions approved under section 10133.

21 ‘‘(2) USE OF GRANTS.—(A) Each State edu22 cational agency receiving a grant under paragraph

23 (1) shall use such grant funds to award grants, on

24 a competitive basis, to local educational agencies to
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1 enable such local educational agencies to carry out

2 the activities described in section 10134.

3 ‘‘(B) In awarding grants under subparagraph

4 (A), each State educational agency shall ensure that

5 each such grant is of sufficient duration, and of suf6 ficient size, scope, and quality, to carry out the pur7 poses of this part effectively.

8 ‘‘(b) TECHNICAL ASSISTANCE.—Each State edu9 cational agency receiving a grant under paragraph (1)

10 shall—

11 ‘‘(1) identify the local educational agencies

12 served by the State educational agency that—

13 ‘‘(A) have the highest number or percent14 age of children in poverty; and

15 ‘‘(B) demonstrate to such State edu16 cational agency the greatest need for technical

17 assistance in developing the application under

18 section 10133; and

19 ‘‘(2) offer such technical assistance to such

20 local educational agencies.

21 ‘‘SEC. 10133. STATE APPLICATION.

22 ‘‘To receive funds under this subpart, each State edu23 cational agency shall submit a statewide educational tech24 nology plan which may include plans submitted under the

25 Goals 2000: Educate America Act or other statewide tech-
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1 nology plans which meet the requirements of this section.

2 Such application shall be submitted to the Secretary at

3 such time, in such manner, and accompanied by such in4 formation as the Secretary may reasonably require. Each

5 such application shall contain a systemic statewide plan

6 that—

7 ‘‘(1) outlines long-term strategies for financing

8 technology education in the State and describes how

9 business, industry, and other public and private

10 agencies, including libraries, library literacy pro11 grams, and institutions of higher education, can par12 ticipate in the implementation, ongoing planning,

13 and support of the plan; and

14 ‘‘(2) meets such other criteria as the Secretary

15 may establish in order to enable such agency to pro16 vide assistance to local educational agencies that

17 have the highest numbers or percentages of children

18 in poverty and demonstrate the greatest need for

19 technology, in order to enable such local educational

20 agencies, for the benefit of school sites served by

21 such local educational agencies, to carry out activi22 ties such as—

23 ‘‘(A) purchasing quality technology re24 sources;
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1 ‘‘(B) installing various linkages necessary

2 to acquire connectivity;

3 ‘‘(C) integrating technology into the cur4 riculum in order to improve student learning

5 and achievement;

6 ‘‘(D) providing teachers and library media

7 personnel with training or access to training;

8 ‘‘(E) providing administrative and tech9 nical support and services that improve student

10 learning through enriched technology-enhanced

11 resources, including library media resources;

12 ‘‘(F) promoting in individual schools the

13 sharing, distribution, and application of edu14 cational technologies with demonstrated effec15 tiveness;

16 ‘‘(G) assisting schools in promoting parent

17 involvement;

18 ‘‘(H) assisting the community in providing

19 literacy-related services;

20 ‘‘(I) establishing partnerships with private

21 or public educational providers or other entities

22 to serve the needs of children in poverty; and

23 ‘‘(J) providing assurances that financial

24 assistance provided under this part shall supple25 ment, not supplant, State and local funds.
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1 ‘‘SEC. 10134. LOCAL USES OF FUNDS.

2 ‘‘Each local educational agency, to the extent pos3 sible, shall use the funds made available under section

4 10132(a)(2) for—

5 ‘‘(1) developing, adapting, or expanding existing

6 and new applications of technology to support the

7 school reform effort;

8 ‘‘(2) funding projects of sufficient size and

9 scope to improve student learning and, as appro10 priate, support professional development, and pro11 vide administrative support;

12 ‘‘(3) acquiring connectivity linkages, resources,

13 and services, including the acquisition of hardware

14 and software, for use by teachers, students and

15 school library media personnel in the classroom or in

16 school library media centers, in order to improve

17 student learning by supporting the instructional pro18 gram offered by such agency to ensure that students

19 in schools will have meaningful access on a regular

20 basis to such linkages, resources and services;

21 ‘‘(4) providing ongoing professional develop22 ment in the integration of quality educational tech23 nologies into school curriculum and long-term plan24 ning for implementing educational technologies;

25 ‘‘(5) acquiring connectivity with wide area net26 works for purposes of accessing information and
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1 educational programming sources, particularly with

2 institutions of higher education and public libraries;

3 and

4 ‘‘(6) providing educational services for adults

5 and families.

6 ‘‘SEC. 10135. LOCAL APPLICATIONS.

7 ‘‘Each local educational agency desiring assistance

8 from a State educational agency under section

9 10132(a)(2) shall submit an application, consistent with

10 the objectives of the systemic statewide plan, to the State

11 educational agency at such time, in such manner and ac12 companied by such information as the State educational

13 agency may reasonably require. Such application, at a

14 minimum, shall—

15 ‘‘(1) include a strategic, long-range (three- to

16 five-year), plan that includes—

17 ‘‘(A) a description of the type of tech18 nologies to be acquired, including specific provi19 sions for interoperability among components of

20 such technologies and, to the extent practicable,

21 with existing technologies;

22 ‘‘(B) an explanation of how the acquired

23 technologies will be integrated into the cur24 riculum to help the local educational agency en-
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1 hance teaching, training, and student achieve2 ment;

3 ‘‘(C) an explanation of how programs will

4 be developed in collaboration with existing adult

5 literacy services providers to maximize the use

6 of such technologies;

7 ‘‘(D)(i) a description of how the local edu8 cational agency will ensure ongoing, sustained

9 professional development for teachers, adminis10 trators, and school library media personnel

11 served by the local educational agency to fur12 ther the use of technology in the classroom or

13 library media center; and

14 ‘‘(ii) a list of the source or sources of ongo15 ing training and technical assistance available

16 to schools, teachers and administrators served

17 by the local educational agency, such as State

18 technology offices, intermediate educational

19 support units, regional educational laboratories

20 or institutions of higher education;

21 ‘‘(E) a description of the supporting re22 sources, such as services, software and print re23 sources, which will be acquired to ensure suc24 cessful and effective use of technologies ac25 quired under this section;
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1 ‘‘(F) the projected timetable for imple2 menting such plan in schools;

3 ‘‘(G) the projected cost of technologies to

4 be acquired and related expenses needed to im5 plement such plan; and

6 ‘‘(H) a description of how the local edu7 cational agency will coordinate the technology

8 provided pursuant to this subpart with other

9 grant funds available for technology from State

10 and local sources;

11 ‘‘(2) describe how the local educational agency

12 will involve parents, public libraries, business leaders

13 and community leaders in the development of such

14 plan;

15 ‘‘(3) describe how the acquired instructionally

16 based technologies will help the local educational

17 agency—

18 ‘‘(A) promote equity in education in order

19 to support State content standards and State

20 student performance standards that may be de21 veloped; and

22 ‘‘(B) provide access for teachers, parents

23 and students to the best teaching practices and

24 curriculum resources through technology; and
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1 ‘‘(4) describe a process for the ongoing evalua2 tion of how technologies acquired under this

3 section—

4 ‘‘(A) will be integrated into the school cur5 riculum; and

6 ‘‘(B) will affect student achievement and

7 progress toward meeting the National Edu8 cation Goals and any challenging State content

9 standards and State student performance

10 standards that may be developed.

11 ‘‘(d) FORMATION OF CONSORTIA.—A local edu12 cational agency for any fiscal year may apply for financial

13 assistance as part of a consortium with other local edu14 cational agencies, institutions of higher education, inter15 mediate educational units, libraries, or other educational

16 entities appropriate to provide local programs. The State

17 educational agency may assist in the formation of con18 sortia among local educational agencies, providers of edu19 cational services for adults and families, institutions of

20 higher education, intermediate educational units, libraries,

21 or other appropriate educational entities to provide serv22 ices for the teachers and students in a local educational

23 agency at the request of such local educational agency.

24 ‘‘(e) COORDINATION OF APPLICATION REQUIRE25 MENTS.—If a local educational agency submitting an ap-
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1 plication for assistance under this section has developed

2 a comprehensive education improvement plan, in conjunc3 tion with requirements under this Act or the Goals 2000:

4 Educate America Act, the State educational agency may

5 approve such plan, or a component of such plan, notwith6 standing the requirements of subsection (e) if the State

7 educational agency determines that such approval would

8 further the purposes of this subpart.

9 ‘‘SEC. 10136. NATIONAL CHALLENGE GRANTS FOR TECH10 NOLOGY IN EDUCATION.

11 ‘‘(a) GRANTS AUTHORIZED.—

12 ‘‘(1) IN GENERAL.—From amounts made avail13 able under section 10115(b)(1) for any fiscal year

14 the Secretary is authorized to award grants, on a

15 competitive basis, to consortia having applications

16 approved under subsection (d), which consortia shall

17 include at least one local educational agency with a

18 high percentage or number of children living below

19 the poverty line and may include other local edu20 cational agencies, State educational agencies, institu21 tions of higher education, businesses, academic con22 tent experts, software designers, museums, libraries,

23 or other appropriate entities.

24 ‘‘(2) DURATION.—Grants under this section

25 shall be awarded for a period of 5 years.
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1 ‘‘(b) USE OF GRANTS.—Grants awarded under sub2 section (a) shall be used for activities similar to the activi3 ties described in section 10134.

4 ‘‘(c) PRIORITY.—In awarding grants under this sec5 tion, the Secretary shall give priority to consortia which

6 demonstrate in the application submitted under subsection

7 (d) that—

8 ‘‘(1) the project for which assistance is sought

9 is designed to serve areas with a high number or

10 percentage of disadvantaged students or the greatest

11 need for educational technology;

12 ‘‘(2) the project will directly benefit students

13 by, for example, integrating the acquired tech14 nologies into curriculum to help the local educational

15 agency enhance teaching, training, and student

16 achievement;

17 ‘‘(3) the project will ensure ongoing, sustained

18 professional development for teachers, administra19 tors, and school library media personnel served by

20 the local educational agency to further the use of

21 technology in the classroom or library media center;

22 ‘‘(4) the project will ensure successful, effective,

23 and sustainable use of technologies acquired under

24 this subsection; and
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1 ‘‘(5) members of the consortia or other appro2 priate entities will contribute substantial financial

3 and other resources to achieve the goals of the

4 project.

5 ‘‘(d) APPLICATION.—Each local educational agency

6 desiring a grant under this section shall submit an appli7 cation to the Secretary at such time, in such manner, and

8 accompanied by such information as the Secretary may

9 reasonably require.

10 ‘‘SEC. 10137. FEDERAL ADMINISTRATION.

11 ‘‘(a) EVALUATION PROCEDURES.—The Secretary

12 shall develop procedures for State and local evaluations

13 of the programs under this subpart.

14 ‘‘(b) EVALUATION SUMMARY.—The Secretary shall

15 submit to the Congress four years after the enactment of

16 the Education Reform Act a summary of the State evalua17 tions of programs under this subpart in accordance with

18 the provisions of section 14701.

19 ‘‘Subpart 3—Regional Technical Support and

20 Professional Development

21 ‘‘SEC. 10141. REGIONAL TECHNICAL SUPPORT AND PROFES22 SIONAL DEVELOPMENT.

23 ‘‘(a) GRANTS AUTHORIZED.—

24 ‘‘(1) AUTHORITY.—The Secretary, through the

25 Office of Educational Technology, shall make grants
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1 in accordance with the provisions of this section, to

2 regional entities such as the Eisenhower Mathe3 matics and Science Regional Consortia under part C

4 of title XIII, the regional education laboratories, the

5 comprehensive regional assistance centers, or such

6 other regional entities as may be designated or es7 tablished by the Secretary. In awarding grants

8 under this section, the Secretary shall give priority

9 to such consortia and shall ensure that each geo10 graphic region of the United States shall be served

11 by such a consortium.

12 ‘‘(2) REQUIREMENTS.—Each consortium receiv13 ing a grant under this section shall—

14 ‘‘(A) be composed of State educational

15 agencies, institutions of higher education, non16 profit organizations, or a combination thereof;

17 ‘‘(B) in cooperation with State and local

18 educational agencies, develop a regional pro19 gram that addresses professional development,

20 technical assistance, and information resource

21 dissemination, with special emphasis on meeting

22 the documented needs of educators and learners

23 in the region; and

24 ‘‘(C) foster regional cooperation and re25 source and coursework sharing.
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1 ‘‘(b) FUNCTIONS.—

2 ‘‘(1) TECHNICAL ASSISTANCE.—Each consor3 tium receiving a grant under this section shall, to

4 the extent practicable—

5 ‘‘(A) collaborate with State educational

6 agencies and local educational agencies request7 ing collaboration, particularly in the develop8 ment of strategies for assisting those schools

9 with the highest numbers or percentages of dis10 advantaged students with little or no access to

11 technology in the classroom;

12 ‘‘(B) provide information, in coordination

13 with information available from the Secretary,

14 to State educational agencies, local educational

15 agencies, schools and adult education programs,

16 on the types and features of various educational

17 technology equipment and software available,

18 evaluate and make recommendations on equip19 ment and software that support the National

20 Education Goals and are suited for a school’s

21 particular needs, and compile and share infor22 mation regarding creative and effective applica23 tions of technology in the classroom and school

24 library media centers in order to support the

25 purposes of this part;
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1 ‘‘(C) collaborate with such State edu2 cational agencies, local educational agencies, or

3 schools requesting to participate in the tailoring

4 of software programs and other supporting ma5 terials to meet challenging State content stand6 ards or challenging State student performance

7 standards that may be developed; and

8 ‘‘(D) provide technical assistance to facili9 tate use of the electronic dissemination net10 works by State and local educational agencies

11 and schools throughout the region.

12 ‘‘(2) PROFESSIONAL DEVELOPMENT.—Each

13 consortium receiving a grant under this section

14 shall, to the extent practicable—

15 ‘‘(A) develop and implement, in collabora16 tion with State educational agencies and insti17 tutions of higher education, technology-specific,

18 ongoing professional development, such as—

19 ‘‘(i) intensive school year and summer

20 workshops that use teachers, school librar21 ians, and school library personnel to train

22 other teachers, school librarians, and other

23 school library media personnel; and

24 ‘‘(ii) distance professional develop25 ment, including—
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1 ‘‘(I) interactive training tele2 courses using researchers, educators,

3 and telecommunications personnel

4 who have experience in developing,

5 implementing, or operating edu6 cational and instructional technology

7 as a learning tool;

8 ‘‘(II) onsite courses teaching

9 teachers to use educational and in10 structional technology and to develop

11 their own instructional materials for

12 effectively incorporating technology

13 and programming in their own class14 rooms;

15 ‘‘(III) methods for successful in16 tegration of instructional technology

17 into the curriculum in order to im18 prove student learning and achieve19 ment;

20 ‘‘(IV) video conferences and sem21 inars which offer professional develop22 ment through peer interaction with

23 experts as well as other teachers using

24 technologies in their classrooms; and
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1 ‘‘(V) mobile education technology

2 and training resources;

3 ‘‘(B) develop training resources that—

4 ‘‘(i) are relevant to the needs of the

5 region and schools within the region;

6 ‘‘(ii) are relevant to the needs of adult

7 literacy staff and volunteers, including on8 site courses on how to—

9 ‘‘(I) use instructional technology;

10 and

11 ‘‘(II) develop instructional mate12 rials for adult learning; and

13 ‘‘(iii) are aligned with the needs of

14 teachers and administrators in the region;

15 ‘‘(C) establish a repository of professional

16 development and technical assistance resources;

17 ‘‘(D) identify and link technical assistance

18 providers to State and local educational agen19 cies, as needed;

20 ‘‘(E) ensure that training, professional de21 velopment, and technical assistance meet the

22 needs of educators, parents, and students

23 served by the region;

24 ‘‘(F) assist colleges and universities within

25 the region to develop and implement preservice
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1 training programs for students enrolled in

2 teacher education programs; and

3 ‘‘(G) assist local educational agencies and

4 schools in working with community members

5 and parents to develop support from commu6 nities and parents for educational technology

7 programs and projects.

8 ‘‘(3) INFORMATION AND RESOURCE DISSEMINA9 TION.—Each consortium receiving a grant under

10 this section shall, to the extent practicable—

11 ‘‘(A) assist State and local educational

12 agencies in the identification and procurement

13 of financial, technological and human resources

14 needed to implement technology plans;

15 ‘‘(B) provide outreach and, at the request

16 of a State or local educational agency, work

17 with such agency to assist in the development

18 and validation of instructionally based tech19 nology education resources; and

20 ‘‘(C) coordinate activities and establish

21 partnerships with organizations and institutions

22 of higher education that represent the interests

23 of the region as such interests pertain to the

24 application of technology in teaching, learning,

25 instructional management, dissemination, col-
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1 lection and distribution of educational statistics,

2 and the transfer of student information.

3 ‘‘(4) COORDINATION.—Each consortium receiv4 ing a grant under this section shall work collabo5 ratively, and coordinate the services the consortium

6 provides, with appropriate regional and other enti7 ties assisted in whole or in part by the Department.

8 ‘‘Subpart 4—Product Development

9 ‘‘SEC. 10151. EDUCATIONAL TECHNOLOGY PRODUCT DE10 VELOPMENT.

11 ‘‘(a) PURPOSE.—It is the purpose of this subpart

12 to—

13 ‘‘(1) support development of curriculum-based

14 learning resources using state-of-the-art technologies

15 and techniques designed to improve student learn16 ing; and

17 ‘‘(2) support development of long-term com18 prehensive instructional programming and associated

19 support resources that ensure maximum access by

20 all educational institutions.

21 ‘‘(b) FEDERAL ASSISTANCE AUTHORIZED.—

22 ‘‘(1) IN GENERAL.—The Secretary shall provide

23 assistance, on a competitive basis, to eligible con24 sortia to enable such entities to develop, produce,

25 and distribute state-of-the-art technology-enhanced
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1 instructional resources and programming for use in

2 the classroom or to support professional development

3 for teachers.

4 ‘‘(2) GRANTS AND LOANS AUTHORIZED.—In

5 carrying out the purposes of this section, the Sec6 retary is authorized to pay the Federal share of the

7 cost of the development, production, and distribution

8 of state-of-the-art technology enhanced instructional

9 resources and programming—

10 ‘‘(A) by awarding grants to, or entering

11 into contracts or cooperative agreements with,

12 eligible consortia; or

13 ‘‘(B) by awarding loans to eligible con14 sortia which—

15 ‘‘(i) shall be secured in such manner

16 and be repaid within such period, not ex17 ceeding 20 years, as may be determined by

18 the Secretary;

19 ‘‘(ii) shall bear interest at a rate de20 termined by the Secretary which shall be

21 not more than the total of one-quarter of

22 1 percent per annum added to the rate of

23 interest paid by the Secretary on funds ob24 tained from the Secretary of the Treasury;

25 and
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1 ‘‘(iii) may be forgiven by the Sec2 retary, in an amount not to exceed 25 per3 cent of the total loan, under such terms

4 and conditions as the Secretary may con5 sider appropriate.

6 ‘‘(3) MATCHING REQUIREMENT.—The Sec7 retary may require any recipient of a grant or con8 tract under this subpart to share in the cost of the

9 activities assisted under such grant or contract,

10 which non-Federal share shall be announced through

11 a notice in the Federal Register and may be in the

12 form of cash or in-kind contributions, fairly valued.

13 ‘‘(4) ELIGIBLE CONSORTIUM.—For the purpose

14 of this subsection, the term ‘eligible consortium’

15 means a consortium—

16 ‘‘(A) that shall include—

17 ‘‘(i) a State or local educational agen18 cy; and

19 ‘‘(ii) a business, industry, or tele20 communications entity; and

21 ‘‘(B) that may include—

22 ‘‘(i) a public or private nonprofit orga23 nization; or

24 ‘‘(ii) a postsecondary institution.
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1 ‘‘(5) PRIORITIES.—In awarding assistance

2 under this section, the Secretary shall give priority

3 to applications describing programs or systems

4 that—

5 ‘‘(A) promote the acquisition of higher6 order thinking skills and promise to raise the

7 achievement levels of all students, particularly

8 disadvantaged students who are not realizing

9 their potential;

10 ‘‘(B) are aligned with challenging State

11 content standards and State and local cur12 riculum frameworks;

13 ‘‘(C) may be adapted and applied nation14 ally at a reasonable cost over a broad tech15 nology platform;

16 ‘‘(D) convert technology resources devel17 oped with support from the Department of De18 fense and other Federal agencies for effective

19 use in the classroom;

20 ‘‘(E) show promise of reducing the costs of

21 providing high-quality instruction;

22 ‘‘(F) show promise of expanding access to

23 high-quality instruction in content areas which

24 would otherwise not be available to students in

25 rural and urban communities or who are served
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1 by other educational agencies with limited fi2 nancial resources;

3 ‘‘(G) are developed in consultation with

4 classroom teachers;

5 ‘‘(H) are developed through consultation

6 and collaboration with appropriate education

7 entities in designing the product to ensure rel8 evance to the voluntary national content stand9 ards, the voluntary national student perform10 ance standards and State curriculum frame11 works; and

12 ‘‘(I) are developed so that the product can

13 be adapted for use by adults in need of literacy

14 services, including English as a second language

15 and preparation for a secondary school diploma

16 or its recognized equivalent.

17 ‘‘(6) REQUIREMENTS FOR FEDERAL ASSIST18 ANCE.—Each eligible consortium desiring Federal

19 assistance under this section shall submit an appli20 cation to the Secretary at such time and in such

21 manner as the Secretary may prescribe. Each appli22 cation shall include—

23 ‘‘(A) a description of how the product will

24 improve the achievement levels of students;
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1 ‘‘(B) a description of how the activities as2 sisted under this section will promote profes3 sional development of teachers and administra4 tors in the uses and applications of the product,

5 including the development of training materials;

6 ‘‘(C) a description of design, development,

7 field testing, evaluation, and distribution of

8 products, where appropriate;

9 ‘‘(D) an assurance that the product shall

10 effectively serve a significant number or per11 centage of economically disadvantaged students;

12 ‘‘(E) plans for dissemination of products to

13 a wide audience of learners;

14 ‘‘(F) a description of how the product can

15 be adapted for use by students with disabilities

16 including provisions for closed captioning or de17 scriptive video, where appropriate;

18 ‘‘(G) a description of how ownership and

19 rights to the use and marketing of any product

20 developed by the consortium, including intellec21 tual property rights, will be allocated among

22 consortium participants; and

23 ‘‘(H) a description of the contributions, in24 cluding services and funds, to be made by each

25 member of the consortium, and how any reve-
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1 nues derived from the sale of any product devel2 oped by the consortium shall be distributed.

3 ‘‘(c) CONSUMER REPORT.—The Secretary shall pro4 vide for the independent evaluation of products developed

5 under this section and shall disseminate information about

6 products developed pursuant to provisions of this section

7 to State and local educational agencies, and other organi8 zations or individuals that the Secretary determines to be

9 appropriate, through print and electronic media that are

10 accessible to the education community at large.

11 ‘‘(d) PROCEEDS.—The Secretary shall not prohibit

12 an eligible consortium or any of the members of such con13 sortium from receiving financial benefits from the dis14 tribution of any products resulting from the assistance re15 ceived under this section. Notwithstanding any other pro16 vision of law, any profits or royalties received by a State

17 educational agency, local educational agency, or other non18 profit member of an eligible consortium receiving assist19 ance under this section shall be used to support further

20 development of curriculum-based learning resources, serv21 ices, and programming or to provide access to such prod22 ucts for a wider audience.

23 ‘‘PART B—STAR SCHOOLS PROGRAM

24 ‘‘SEC. 10201. SHORT TITLE.

25 ‘‘This part may be cited as the ‘Star Schools Act’.
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1 ‘‘SEC. 10202. FINDINGS.

2 ‘‘The Congress finds that—

3 ‘‘(1) the Star Schools program has helped to

4 encourage the use of distance learning strategies to

5 serve multi-State regions primarily by means of sat6 ellite and broadcast television;

7 ‘‘(2) in general, distance learning programs

8 have been used effectively to provide students in

9 small, rural, and isolated schools with courses and

10 instruction, such as science and foreign language in11 struction, that the local educational agency is not

12 otherwise able to provide; and

13 ‘‘(3) distance learning programs may also be

14 used to—

15 ‘‘(A) provide students of all ages in all

16 types of schools and educational settings with

17 greater access to high-quality instruction in the

18 full range of core academic subjects that will

19 enable such students to meet challenging, inter20 nationally competitive, educational standards;

21 ‘‘(B) expand professional development op22 portunities for teachers;

23 ‘‘(C) contribute to achievement of the Na24 tional Education Goals; and

25 ‘‘(D) expand learning opportunities for ev26 eryone.
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1 ‘‘SEC. 10203. PURPOSE.

2 ‘‘It is the purpose of this part to encourage improved

3 instruction in mathematics, science, and foreign languages

4 as well as other subjects, such as literacy skills and voca5 tional education, and to serve underserved populations, in6 cluding the disadvantaged, illiterate, limited-English pro7 ficient, and individuals with disabilities, through a star

8 schools program under which grants are made to eligible

9 telecommunication partnerships to enable such partner10 ships to—

11 ‘‘(1) develop, construct, acquire, maintain and

12 operate telecommunications audio and visual facili13 ties and equipment;

14 ‘‘(2) develop and acquire educational and in15 structional programming; and

16 ‘‘(3) obtain technical assistance for the use of

17 such facilities and instructional programming.

18 ‘‘SEC. 10204. GRANTS AUTHORIZED.

19 ‘‘(a) AUTHORITY.—The Secretary, through the Office

20 of Educational Technology, is authorized to make grants,

21 in accordance with the provisions of this part, to eligible

22 entities to pay the Federal share of the cost of—

23 ‘‘(1) the development, construction, acquisition,

24 maintenance and operation of telecommunications

25 facilities and equipment;
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1 ‘‘(2) the development and acquisition of live,

2 interactive instructional programming;

3 ‘‘(3) the development and acquisition of

4 preservice and inservice teacher training programs

5 based on established research regarding teacher-to6 teacher mentoring, effective skill transfer, and ongo7 ing, in-class instruction;

8 ‘‘(4) the establishment of teleconferencing facili9 ties and resources for making interactive training

10 available to teachers;

11 ‘‘(5) obtaining technical assistance; and

12 ‘‘(6) the coordination of the design and

13 connectivity of telecommunications networks to

14 reach the greatest number of schools.

15 ‘‘(b) DURATION.—

16 ‘‘(1) IN GENERAL.—The Secretary shall award

17 grants pursuant to subsection (a) for a period of 5

18 years.

19 ‘‘(2) RENEWAL.—Grants awarded pursuant to

20 subsection (a) may be renewed for one additional

21 three-year period.

22 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—

23 ‘‘(1) IN GENERAL.—There are authorized to be

24 appropriated $60,000,000 for fiscal year 2002, and
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1 such sums as may be necessary for each of the four

2 succeeding fiscal years, to carry out this part.

3 ‘‘(2) AVAILABILITY.—Funds appropriated pur4 suant to the authority of subsection (a) shall remain

5 available until expended.

6 ‘‘(d) LIMITATIONS.—

7 ‘‘(1) IN GENERAL.—A grant under this section

8 shall not exceed—

9 ‘‘(A) five years in duration; and

10 ‘‘(B) $10,000,000 in any one fiscal year.

11 ‘‘(2) INSTRUCTIONAL PROGRAMMING.—Not less

12 than 25 percent of the funds available to the Sec13 retary in any fiscal year under this part shall be

14 used for the cost of instructional programming.

15 ‘‘(3) SPECIAL RULE.—Not less than 50 percent

16 of the funds available in any fiscal year under this

17 part shall be used for the cost of facilities, equip18 ment, teacher training or retraining, technical assist19 ance, or programming, for local educational agencies

20 which are eligible to receive asssistance under part

21 A of title I.

22 ‘‘(e) FEDERAL SHARE.—

23 ‘‘(1) IN GENERAL.—The Federal share of the

24 cost of projects funded under this section shall not

25 exceed—
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1 ‘‘(A) 75 percent for the first and second

2 years for which an eligible telecommunications

3 partnership receives a grant under this part;

4 ‘‘(B) 60 percent for the third and fourth

5 such years; and

6 ‘‘(C) 50 percent for the fifth such year.

7 ‘‘(2) REDUCTION OR WAIVER.—The Secretary

8 may reduce or waive the requirement of the non9 Federal share under paragraph (1) upon a showing

10 of financial hardship.

11 ‘‘(f) AUTHORITY TO ACCEPT FUNDS FROM OTHER

12 AGENCIES.—The Secretary is authorized to accept funds

13 from other Federal departments or agencies to carry out

14 the purposes of this section, including funds for the pur15 chase of equipment.

16 ‘‘(g) COORDINATION.—The Department, the Na17 tional Science Foundation, the Department of Agriculture,

18 the Department of Commerce, and any other Federal de19 partment or agency operating a telecommunications net20 work for educational purposes, shall coordinate the activi21 ties assisted under this part with the activities of such de22 partment or agency relating to a telecommunications net23 work for educational purposes.
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1 ‘‘(h) CLOSED CAPTIONING AND DESCRIPTIVE

2 VIDEO.—Each entity receiving funds under this part is

3 encouraged to provide—

4 ‘‘(1) closed captioning of the verbal content of

5 such program, where appropriate, to be broadcast by

6 way of line 21 of the vertical blanking interval, or

7 by way of comparable successor technologies; and

8 ‘‘(2) descriptive video of the visual content of

9 such program, as appropriate.

10 ‘‘SEC. 10205. ELIGIBLE ENTITIES.

11 ‘‘(a) ELIGIBLE ENTITIES.—

12 ‘‘(1) REQUIRED PARTICIPATION.—The Sec13 retary may make a grant under section 10204 to

14 any eligible entity, if at least one local educational

15 agency is participating in the proposed project.

16 ‘‘(2) ELIGIBLE ENTITY.—For the purpose of

17 this part, the term ‘eligible entity’ may include—

18 ‘‘(A) a public agency or corporation estab19 lished for the purpose of developing and oper20 ating telecommunications networks to enhance

21 educational opportunities provided by edu22 cational institutions, teacher training centers,

23 and other entities, except that any such agency

24 or corporation shall represent the interests of

25 elementary and secondary schools that are eligi-
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1 ble to participate in the program under part A

2 of title I; or

3 ‘‘(B) a partnership that will provide tele4 communications services and which includes 3

5 or more of the following entities, at least 1 of

6 which shall be an agency described in clause (i)

7 or (ii):

8 ‘‘(i) a local educational agency that

9 serves a significant number of elementary

10 and secondary schools that are eligible for

11 assistance under part A of title I, or ele12 mentary and secondary schools operated or

13 funded for Indian children by the Depart14 ment of the Interior eligible under section

15 1121(b)(2);

16 ‘‘(ii) a State educational agency;

17 ‘‘(iii) adult and family education pro18 grams;

19 ‘‘(iv) an institution of higher edu20 cation or a State higher education agency;

21 ‘‘(v) a teacher training center or acad22 emy that—

23 ‘‘(I) provides teacher pre-service

24 and in-service training; and
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1 ‘‘(II) receives Federal financial

2 assistance or has been approved by a

3 State agency;

4 ‘‘(vi) (I) a public or private entity

5 with experience and expertise in the plan6 ning and operation of a telecommuni7 cations network, including entities involved

8 in telecommunications through satellite,

9 cable, telephone, or computer; or

10 ‘‘(II) a public broadcasting entity with

11 such experience; or

12 ‘‘(vii) a public or private elementary

13 or secondary school.

14 ‘‘(b) SPECIAL RULE.—An eligible entity receiving as15 sistance under this part shall be organized on a statewide

16 or multistate basis.

17 ‘‘SEC. 10206. APPLICATIONS.

18 ‘‘(a) APPLICATIONS REQUIRED.—Each eligible entity

19 which desires to receive a grant under section 10204 shall

20 submit an application to the Secretary, at such time, in

21 such manner, and containing or accompanied by such in22 formation as the Secretary may reasonably require.

23 ‘‘(b) STAR SCHOOL AWARD APPLICATIONS.—Each

24 application submitted pursuant to subsection (a) shall—
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1 ‘‘(1) describe how the proposed project will as2 sist in achieving the National Education Goals, how

3 such project will assist all students to have an op4 portunity to learn to challenging State standards,

5 how such project will assist State and local edu6 cational reform efforts, and how such project will

7 contribute to creating a high quality system of life8 long learning;

9 ‘‘(2) describe the telecommunications facilities

10 and equipment and technical assistance for which

11 assistance is sought, which may include—

12 ‘‘(A) the design, development, construction,

13 acquisition, maintenance and operation of State

14 or multistate educational telecommunications

15 networks and technology resource centers;

16 ‘‘(B) microwave, fiber optics, cable, and

17 satellite transmission equipment or any com18 bination thereof;

19 ‘‘(C) reception facilities;

20 ‘‘(D) satellite time;

21 ‘‘(E) production facilities;

22 ‘‘(F) other telecommunications equipment

23 capable of serving a wide geographic area;

24 ‘‘(G) the provision of training services to

25 instructors who will be using the facilities and
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1 equipment for which assistance is sought, in2 cluding training in using such facilities and

3 equipment and training in integrating programs

4 into the classroom curriculum; and

5 ‘‘(H) the development of educational and

6 related programming for use on a telecommuni7 cations network;

8 ‘‘(3) in the case of an application for assistance

9 for instructional programming, describe the types of

10 programming which will be developed to enhance in11 struction and training and provide assurances that

12 such programming will be designed in consultation

13 with professionals (including classroom teachers)

14 who are experts in the applicable subject matter and

15 grade level;

16 ‘‘(4) describe how the eligible entity has en17 gaged in sufficient survey and analysis of the area

18 to be served to ensure that the services offered by

19 the eligible entity will increase the availability of

20 courses of instruction in English, mathematics,

21 science, foreign languages, arts, history, geography,

22 or other disciplines;

23 ‘‘(5) describe the professional development poli24 cies for teachers and other school personnel to be

25 implemented to ensure the effective use of the tele-
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1 communications facilities and equipment for which

2 assistance is sought;

3 ‘‘(6) describe the manner in which historically

4 underserved students (such as students from low-in5 come families, limited English proficient students,

6 students with disabilities, or students who have low

7 literacy skills) and their families, will participate in

8 the benefits of the telecommunications facilities,

9 equipment, technical assistance, and programming

10 assisted under this part;

11 ‘‘(7) describe how existing telecommunications

12 equipment, facilities, and services, where available,

13 will be used;

14 ‘‘(8) provide assurances that the financial inter15 est of the United States in the telecommunications

16 facilities and equipment will be protected for the

17 useful life of such facilities and equipment;

18 ‘‘(9) provide assurances that a significant por19 tion of any facilities and equipment, technical assist20 ance, and programming for which assistance is

21 sought for elementary and secondary schools will be

22 made available to schools or local educational agen23 cies that have a high number or percentage of chil24 dren eligible to be counted under part A of title I;
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1 ‘‘(10) provide assurances that the applicant will

2 use the funds provided under this part to supple3 ment and not supplant funds otherwise available for

4 the purposes of this part;

5 ‘‘(11) if any member of the consortia receives

6 assistance under subpart 3 of part A, describe how

7 funds received under this part will be coordinated

8 with funds received for educational technology in the

9 classroom under such section;

10 ‘‘(12) describe the activities or services for

11 which assistance is sought, such as—

12 ‘‘(A) providing facilities, equipment, train13 ing services, and technical assistance;

14 ‘‘(B) making programs accessible to stu15 dents with disabilities through mechanisms such

16 as closed captioning and descriptive video serv17 ices;

18 ‘‘(C) linking networks around issues of na19 tional importance (such as elections) or to pro20 vide information about employment opportuni21 ties, job training, or student and other social

22 service programs;

23 ‘‘(D) sharing curriculum resources between

24 networks and development of program guides

25 which demonstrate cooperative, cross-network
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1 listing of programs for specific curriculum

2 areas;

3 ‘‘(E) providing teacher and student sup4 port services including classroom and training

5 support materials which permit student and

6 teacher involvement in the live interactive dis7 tance learning telecasts;

8 ‘‘(F) incorporating community resources

9 such as libraries and museums into instruc10 tional programs;

11 ‘‘(G) providing professional development

12 for teachers, including, as appropriate, training

13 to early childhood development and Head Start

14 teachers and staff and vocational education

15 teachers and staff, and adult and family edu16 cators;

17 ‘‘(H) providing programs for adults to

18 maximize the use of telecommunications facili19 ties and equipment;

20 ‘‘(I) providing teacher training on proposed

21 or established voluntary national content stand22 ards in mathematics and science and other dis23 ciplines as such standards are developed; and

24 ‘‘(J) providing parent education programs

25 during and after the regular school day which
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1 reinforce a student’s course of study and ac2 tively involve parents in the learning process;

3 ‘‘(13) describe how the proposed project as a

4 whole will be financed and how arrangements for fu5 ture financing will be developed before the project

6 expires;

7 ‘‘(14) provide an assurance that a significant

8 portion of any facilities, equipment, technical assist9 ance, and programming for which assistance is

10 sought for elementary and secondary schools will be

11 made available to schools in local educational agen12 cies that have a high percentage of children counted

13 for the purpose of part A of title I;

14 ‘‘(15) provide an assurance that the applicant

15 will provide such information and cooperate in any

16 evaluation that the Secretary may conduct under

17 this part; and

18 ‘‘(16) include such additional assurances as the

19 Secretary may reasonably require.

20 ‘‘(c) PRIORITIES.—The Secretary, in approving appli21 cations for grants authorized under section 10204, shall

22 give priority to applications describing projects that—

23 ‘‘(1) propose high-quality plans to assist in

24 achieving one or more of the National Education

25 Goals, will provide instruction consistent with State
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1 content standards, or will otherwise provide signifi2 cant and specific assistance to States and local edu3 cational agencies undertaking systemic education re4 form;

5 ‘‘(2) will provide services to programs serving

6 adults, especially parents, with low levels of literacy;

7 ‘‘(3) will serve schools with significant numbers

8 of children counted for the purposes of part A of

9 title I;

10 ‘‘(4) ensure that the eligible entity will—

11 ‘‘(A) serve the broadest range of institu12 tions, programs providing instruction outside of

13 the school setting, programs serving adults, es14 pecially parents, with low levels of literacy, in15 stitutions of higher education, teacher training

16 centers, research institutes, and private indus17 try;

18 ‘‘(B) have substantial academic and teach19 ing capabilities, including the capability of

20 training, retraining, and inservice upgrading of

21 teaching skills and the capability to provide pro22 fessional development;

23 ‘‘(C) provide a comprehensive range of

24 courses for educators to teach instructional

25 strategies for students with different skill levels;
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1 ‘‘(D) provide training to participating edu2 cators in ways to integrate telecommunications

3 courses into existing school curriculum;

4 ‘‘(E) provide instruction for students,

5 teachers, and parents;

6 ‘‘(F) serve a multistate area; and

7 ‘‘(G) give priority to the provision of equip8 ment and linkages to isolated areas; and

9 ‘‘(5) involve a telecommunications entity (such

10 as a satellite, cable, telephone, computer, or public

11 or private television stations) participating in the eli12 gible entity and donating equipment or in-kind serv13 ices for telecommunications linkages.

14 ‘‘(d) GEOGRAPHIC DISTRIBUTION.—In approving ap15 plications for grants authorized under section 10204, the

16 Secretary shall, to the extent feasible, ensure an equitable

17 geographic distribution of services provided under this

18 part.

19 ‘‘SEC. 10207. LEADERSHIP AND EVALUATION ACTIVITIES.

20 ‘‘(a) RESERVATION.—From the amount appropriated

21 pursuant to the authority of section 10204(c)(1) in each

22 fiscal year, the Secretary may reserve not more than 5

23 percent of such amount for national leadership, evalua24 tion, and peer review activities.
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1 ‘‘(b) METHOD OF FUNDING.—The Secretary may

2 fund the activities described in subsection (a) directly or

3 through grants, contracts, and cooperative agreements.

4 ‘‘(c) USES OF FUNDS.—

5 ‘‘(1) LEADERSHIP.—Funds reserved for leader6 ship activities under subsection (a) may be used

7 for—

8 ‘‘(A) disseminating information, including

9 lists and descriptions of services available from

10 grant recipients under this part; and

11 ‘‘(B) other activities designed to enhance

12 the quality of distance learning activities na13 tionwide.

14 ‘‘(2) EVALUATION.—Funds reserved for evalua15 tion activities under subsection (a) may be used to

16 conduct independent evaluations of the activities as17 sisted under this part and of distance learning in

18 general, including—

19 ‘‘(A) analyses of distance learning efforts,

20 including such efforts that are assisted under

21 this part and such efforts that are not assisted

22 under this part; and

23 ‘‘(B) comparisons of the effects, including

24 student outcomes, of different technologies in

25 distance learning efforts.
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1 ‘‘(3) PEER REVIEW.—Funds reserved for peer

2 review activities under subsection (a) may be used

3 for peer review of—

4 ‘‘(A) applications for grants under this

5 part; and

6 ‘‘(B) activities assisted under this part.

7 ‘‘SEC. 10208. DEFINITIONS.

8 ‘‘As used in this part—

9 ‘‘(1) the term ‘educational institution’ means an

10 institution of higher education, a local educational

11 agency, or a State educational agency;

12 ‘‘(2) the term ‘instructional programming’

13 means courses of instruction and training courses

14 for elementary and secondary students, teachers,

15 and others, and materials for use in such instruction

16 and training that have been prepared in audio and

17 visual form on tape, disc, film, or live, and presented

18 by means of telecommunications devices; and

19 ‘‘(3) the term ‘public broadcasting entity’ has

20 the same meaning given such term in section 397 of

21 the Communications Act of 1934.

22 ‘‘SEC. 10209. ADMINISTRATIVE PROVISIONS.

23 ‘‘(a) CONTINUING ELIGIBILITY.—

24 ‘‘(1) IN GENERAL.—In order to be eligible to

25 receive a grant under section 10204 for a second 3-
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1 year grant period an eligible entity shall demonstrate

2 in the application submitted pursuant to section

3 10206 that such partnership shall—

4 ‘‘(A) continue to provide services in the

5 subject areas and geographic areas assisted

6 with funds received under this part for the pre7 vious 5-year grant period; and

8 ‘‘(B) use all grant funds received under

9 this part for the second 3-year grant period to

10 provide expanded services by—

11 ‘‘(i) increasing the number of stu12 dents, schools or school districts served by

13 the courses of instruction assisted under

14 this part in the previous fiscal year;

15 ‘‘(ii) providing new courses of instruc16 tion; and

17 ‘‘(iii) serving new populations of un18 derserved individuals, such as children or

19 adults who are disadvantaged, have lim20 ited-English proficiency, are individuals

21 with disabilities, are illiterate, or lack sec22 ondary school diplomas or their recognized

23 equivalent.

24 ‘‘(2) SPECIAL RULE.—Grant funds received

25 pursuant to paragraph (1) shall be used to supple-
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1 ment and not supplant services provided by the

2 grant recipient under this part in the previous fiscal

3 year.

4 ‘‘(b) FEDERAL ACTIVITIES.—The Secretary may as5 sist grant recipients under section 10204 in acquiring sat6 ellite time, where appropriate, as economically as possible.

7 ‘‘SEC. 10210. OTHER ASSISTANCE.

8 ‘‘(a) SPECIAL STATEWIDE NETWORK.—

9 ‘‘(1) IN GENERAL.—The Secretary, through the

10 Office of Educational Technology, may provide as11 sistance to a statewide telecommunications network

12 under this subsection if such network—

13 ‘‘(A) provides 2-way full motion interactive

14 video and audio communications;

15 ‘‘(B) links together public colleges and uni16 versities and secondary schools throughout the

17 State; and

18 ‘‘(C) meets any other requirements deter19 mined appropriate by the Secretary.

20 ‘‘(2) STATE CONTRIBUTION.—A statewide tele21 communications network assisted under paragraph

22 (1) shall contribute, either directly or through pri23 vate contributions, non-Federal funds equal to not

24 less than 50 percent of the cost of such network.

25 ‘‘(b) SPECIAL LOCAL NETWORK.—
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1 ‘‘(1) IN GENERAL.—The Secretary may provide

2 assistance, on a competitive basis, to a local edu3 cational agency or consortium thereof to enable such

4 agency or consortium to establish a high technology

5 demonstration program.

6 ‘‘(2) PROGRAM REQUIREMENTS.—A high tech7 nology demonstration program assisted under para8 graph (1) shall—

9 ‘‘(A) include 2-way full motion interactive

10 video, audio and text communications;

11 ‘‘(B) link together elementary and sec12 ondary schools, colleges, and universities;

13 ‘‘(C) provide parent participation and fam14 ily programs;

15 ‘‘(D) include a staff development program;

16 and

17 ‘‘(E) have a significant contribution and

18 participation from business and industry.

19 ‘‘(3) SPECIAL RULE.—Each high technology

20 demonstration program assisted under paragraph

21 (1) shall be of sufficient size and scope to have an

22 effect on meeting the National Education Goals.

23 ‘‘(4) MATCHING REQUIREMENT.—A local edu24 cational agency or consortium receiving a grant

25 under paragraph (1) shall provide, either directly or
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1 through private contributions, non-Federal matching

2 funds equal to not less than 50 percent of the

3 amount of the grant.

4 ‘‘(c) TELECOMMUNICATIONS PROGRAMS FOR CON5 TINUING EDUCATION.—

6 ‘‘(1) AUTHORITY.—The Secretary is authorized

7 to award grants, on a competitive basis, to eligible

8 entities to enable such partnerships to develop and

9 operate one or more programs which provide on-line

10 access to educational resources in support of con11 tinuing education and curriculum requirements rel12 evant to achieving a secondary school diploma or its

13 recognized equivalent. The program authorized by

14 this section shall be designed to advance adult lit15 eracy, secondary school completion and the acquisi16 tion of specified competency by the end of the 12th

17 grade, as envisioned by the Goals 2000: Educate

18 America Act.

19 ‘‘(2) APPLICATION.—Each eligible entity desir20 ing a grant under this section shall submit an appli21 cation to the Secretary. Each such application

22 shall—

23 ‘‘(A) demonstrate that the applicant will

24 use publicly funded or free public telecommuni25 cations infrastructure to deliver video, voice and
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1 data in an integrated service to support and as2 sist in the acquisition of a secondary school di3 ploma or its recognized equivalent;

4 ‘‘(B) assure that the content of the mate5 rials to be delivered is consistent with the ac6 creditation requirements of the State for which

7 such materials are used;

8 ‘‘(C) incorporate, to the extent feasible,

9 materials developed in the Federal departments

10 and agencies and under appropriate federally

11 funded projects and programs;

12 ‘‘(D) assure that the applicant has the

13 technological and substantive experience to

14 carry out the program; and

15 ‘‘(E) contain such additional assurances as

16 the Secretary may reasonably require.

17 ‘‘PART C—READY-TO-LEARN TELEVISION

18 ‘‘SEC. 10301. READY-TO-LEARN.

19 ‘‘(a) IN GENERAL.—The Secretary is authorized to

20 award grants to or enter into contracts or cooperative

21 agreements with eligible entities described in section

22 10302(b) to develop, produce, and distribute educational

23 and instructional video programming for preschool and el24 ementary school children and their parents in order to fa25 cilitate the achievement of the National Education Goals.
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1 ‘‘(b) AVAILABILITY.—In making such grants, con2 tracts, or cooperative agreements, the Secretary shall en3 sure that recipients make programming widely available

4 with support materials as appropriate to young children,

5 their parents, child care workers, and Head Start pro6 viders to increase the effective use of such programming.

7 ‘‘SEC. 10302. EDUCATIONAL PROGRAMMING.

8 ‘‘(a) AWARDS.—The Secretary shall award grants,

9 contracts, or cooperative agreements to eligible entities

10 to—

11 ‘‘(1) facilitate the development directly or

12 through contracts with producers of children and

13 family educational television programming, edu14 cational programming for preschool and elementary

15 school children, and accompanying support materials

16 and services that promote the effective use of such

17 programming; and

18 ‘‘(2) enable such entities to contract with enti19 ties (such as public telecommunications entities and

20 those funded under the Star Schools Act) so that

21 programs developed under this section are dissemi22 nated and distributed to the widest possible audience

23 appropriate to be served by the programming by the

24 most appropriate distribution technologies.
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1 ‘‘(b) ELIGIBLE ENTITIES.—To be eligible to receive

2 a grant, contract, or cooperative agreement under sub3 section (a), an entity shall be—

4 ‘‘(1) a nonprofit entity (including a public tele5 communications entity) able to demonstrate a capac6 ity for the development and distribution of edu7 cational and instructional television programming of

8 high quality for preschool and elementary school

9 children; and

10 ‘‘(2) able to demonstrate a capacity to contract

11 with the producers of children’s television program12 ming for the purpose of developing educational tele13 vision programming of high quality for preschool

14 and elementary school children.

15 ‘‘(c) CULTURAL EXPERIENCES.—Programming de16 veloped under this section shall reflect the recognition of

17 diverse cultural experiences and the needs and experiences

18 of both boys and girls in engaging and preparing young

19 children for schooling.

20 ‘‘SEC. 10303. DUTIES OF SECRETARY.

21 ‘‘The Secretary is authorized—

22 ‘‘(1) to establish and administer a Special

23 Projects of National Significance program to award

24 grants, contracts, or cooperative agreements to pub25 lic and nonprofit private entities, or local public tele-
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1 vision stations or such public television stations that

2 are part of a consortium with one or more State

3 educational agencies, local educational agencies, local

4 schools, institutions of higher education, or commu5 nity-based organizations of demonstrated effective6 ness, for the purpose of—

7 ‘‘(A) addressing the learning needs of

8 young children in limited English proficient

9 households, and developing appropriate edu10 cational and instructional television program11 ming to foster the school readiness of such chil12 dren;

13 ‘‘(B) developing programming and support

14 materials to increase family literacy skills

15 among parents to assist parents in teaching

16 their children and utilizing educational tele17 vision programming to promote school readi18 ness; and

19 ‘‘(C) identifying, supporting, and enhanc20 ing the effective use and outreach of innovative

21 programs that promote school readiness;

22 ‘‘(2) to establish within the Department a clear23 inghouse to compile and provide information, refer24 rals and model program materials and programming

25 obtained or developed under this part to parents,
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1 child care providers, and other appropriate individ2 uals or entities to assist such individuals and entities

3 in accessing programs and projects under this part;

4 and

5 ‘‘(3) to develop and disseminate training mate6 rials, including—

7 ‘‘(A) interactive programs and programs

8 adaptable to distance learning technologies that

9 are designed to enhance knowledge of children’s

10 social and cognitive skill development and posi11 tive adult-child interactions; and

12 ‘‘(B) support materials to promote the ef13 fective use of materials developed under para14 graph (2);

15 among parents, Head Start providers, in-home and

16 center based day care providers, early childhood de17 velopment personnel, and elementary school teach18 ers, public libraries, and after school program per19 sonnel caring for preschool and elementary school

20 children;

21 ‘‘(4) coordinate activities with the Secretary of

22 Health and Human Services in order to—

23 ‘‘(A) maximize the utilization of quality

24 educational programming by preschool and ele25 mentary school children, and make such pro-
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1 gramming widely available to federally funded

2 programs serving such populations; and

3 ‘‘(B) provide information to recipients of

4 funds under Federal programs that have major

5 training components for early childhood devel6 opment, including Head Start, Even Start, and

7 State training activities funded under the Child

8 Care Development Block Grant Act of 1990 re9 garding the availability and utilization of mate10 rials developed under paragraph (3) to enhance

11 parent and child care provider skills in early

12 childhood development and education.

13 ‘‘SEC. 10304. APPLICATIONS.

14 ‘‘Each eligible entity desiring a grant, contract, or co15 operative agreement under section 10301 or 10303 shall

16 submit an application to the Secretary at such time, in

17 such manner, and accompanied by such information as the

18 Secretary may reasonably require.

19 ‘‘SEC. 10305. REPORTS AND EVALUATION.

20 ‘‘(a) ANNUAL REPORT TO SECRETARY.—An entity

21 receiving funds under section 10301 shall prepare and

22 submit to the Secretary an annual report which contains

23 such information as the Secretary may require. At a min24 imum, the report shall describe the program activities un-
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1 dertaken with funds received under this section,

2 including—

3 ‘‘(1) the programming that has been developed

4 directly or indirectly by the entity, and the target

5 population of the programs developed;

6 ‘‘(2) the support materials that have been de7 veloped to accompany the programming, and the

8 method by which such materials are distributed to

9 consumers and users of the programming;

10 ‘‘(3) the means by which programming devel11 oped under this section has been distributed, includ12 ing the distance learning technologies that have been

13 utilized to make programming available and the geo14 graphic distribution achieved through such tech15 nologies; and

16 ‘‘(4) the initiatives undertaken by the entity to

17 develop public-private partnerships to secure non18 Federal support for the development and distribu19 tion and broadcast of educational and instructional

20 programming.

21 ‘‘(b) REPORT TO CONGRESS.—The Secretary shall

22 prepare and submit to the relevant committees of Con23 gress a biannual report which includes—

24 ‘‘(1) a summary of the information made avail25 able under section 10302(a); and
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1 ‘‘(2) a description of the training materials

2 made available under section 10303(3), the manner

3 in which outreach has been conducted to inform par4 ents and child care providers of the availability of

5 such materials, and the manner in which such mate6 rials have been distributed in accordance with such

7 section.

8 ‘‘SEC. 10306. ADMINISTRATIVE COSTS.

9 ‘‘With respect to the implementation of section

10 10302, entities receiving a grant, contract, or cooperative

11 agreement from the Secretary may use not more than 5

12 percent of the amounts received under such section for

13 the normal and customary expenses of administering the

14 grant, contract, or cooperative agreement.

15 ‘‘SEC. 10307. DEFINITION.

16 ‘‘For the purposes of this part, the term ‘distance

17 learning’ means the transmission of educational or in18 structional programming to geographically dispersed indi19 viduals and groups via telecommunications.

20 ‘‘SEC. 10308. AUTHORIZATION OF APPROPRIATIONS.

21 ‘‘(a) IN GENERAL.—There are authorized to be ap22 propriated to carry out this part, $16,000,000 for fiscal

23 year 2002, and such sums as may be necessary for each

24 of the four succeeding fiscal years. Not less than 60 per25 cent of the amounts appropriated under this subsection
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1 for each fiscal year shall be used to carry out section

2 10302.

3 ‘‘(b) SPECIAL PROJECTS.—Of the amount appro4 priated under subsection (b) for each fiscal year, at least

5 10 percent of such amount shall be used for each such

6 fiscal year for activities under section 10303(1)(C).

7 ‘‘PART D—TELECOMMUNICATIONS

8 DEMONSTRATION PROJECT FOR MATHEMATICS

9 ‘‘SEC. 10401. PROJECT AUTHORIZED.

10 ‘‘The Secretary is authorized to make grants to a

11 nonprofit telecommunications entity, or partnership of

12 such entities, for the purpose of carrying out a national

13 telecommunications-based demonstration project to im14 prove the teaching of mathematics. The demonstration

15 project authorized by this part shall be designed to assist

16 elementary and secondary school teachers in preparing all

17 students for achieving State content standards.

18 ‘‘SEC. 10402. APPLICATION REQUIRED.

19 ‘‘(a) IN GENERAL.—Each nonprofit telecommuni20 cations entity, or partnership of such entities, desiring a

21 grant under this part shall submit an application to the

22 Secretary. Each such application shall—

23 ‘‘(1) demonstrate that the applicant will use the

24 existing publicly funded telecommunications infra25 structure to deliver video, voice and data in an inte-
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1 grated service to train teachers in the use of new

2 standards-based curricula materials and learning

3 technologies;

4 ‘‘(2) assure that the project for which assist5 ance is sought will be conducted in cooperation with

6 appropriate State educational agencies, local edu7 cational agencies, State or local nonprofit public

8 telecommunications entities, and a national mathe9 matics education professional association that has

10 developed content standards;

11 ‘‘(3) assure that a significant portion of the

12 benefits available for elementary and secondary

13 schools from the project for which assistance is

14 sought will be available to schools of local edu15 cational agencies which have a high percentage of

16 children counted for the purpose of part A of title

17 I; and

18 ‘‘(4) contain such additional assurances as the

19 Secretary may reasonably require.

20 ‘‘(b) APPROVAL OF APPLICATIONS; NUMBER OF

21 DEMONSTRATION SITES.—In approving applications

22 under this section, the Secretary shall assure that the

23 demonstration project authorized by this part is conducted

24 at elementary and secondary school sites in at least 15

25 States.
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1 ‘‘SEC. 10403. AUTHORIZATION OF APPROPRIATIONS.

2 ‘‘There are authorized to be appropriated to carry out

3 this part, $5,000,000 for the fiscal year 2002, and such

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

5 fiscal years.

6 ‘‘PART E—ELEMENTARY MATHEMATICS AND

7 SCIENCE EQUIPMENT PROGRAM

8 ‘‘SEC. 10501. SHORT TITLE.

9 ‘‘This part may be cited as the ‘Elementary Mathe10 matics and Science Equipment Act’.

11 ‘‘SEC. 10502. STATEMENT OF PURPOSE.

12 ‘‘It is the purpose of this part to raise the quality

13 of instruction in mathematics and science in the Nation’s

14 elementary schools by providing equipment and materials

15 necessary for hands-on instruction through assistance to

16 State and local educational agencies.

17 ‘‘SEC. 10503. PROGRAM AUTHORIZED.

18 ‘‘The Secretary is authorized to make allotments to

19 State educational agencies under section 10504 to enable

20 such agencies to award grants to local educational agen21 cies for the purpose of providing equipment and materials

22 to elementary schools to improve mathematics and science

23 education in such schools.
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1 ‘‘SEC. 10504. ALLOTMENTS OF FUNDS.

2 ‘‘(a) IN GENERAL.—From the amount appropriated

3 under section 10509 for any fiscal year, the Secretary

4 shall reserve—

5 ‘‘(1) not more than one-half of 1 percent for al6 lotment among Guam, American Samoa, the Virgin

7 Islands, and the Northern Mariana Islands accord8 ing to their respective needs for assistance under

9 this part; and

10 ‘‘(2) one-half of 1 percent for programs for In11 dian students served by schools funded by the Sec12 retary of the Interior which are consistent with the

13 purposes of this part.

14 ‘‘(b) ALLOTMENT.—

15 ‘‘(1) IN GENERAL.—The remainder of the

16 amount so appropriated (after meeting requirements

17 in subsection (a)) shall be allotted among State edu18 cational agencies so that—

19 ‘‘(A) one-half of such remainder shall be

20 distributed by allotting to each State edu21 cational agency an amount which bears the

22 same ratio to such one-half of such remainder

23 as the number of children aged 5 to 17, inclu24 sive, in the State bears to the number of such

25 children in all States; and
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1 ‘‘(B) one-half of such remainder shall be

2 distributed according to each State’s share of

3 allocations under part A of title I.

4 ‘‘(2) MINIMUM.—Except as provided in para5 graph (3), no State educational agency shall receive

6 an allotment under this subsection for any fiscal

7 year in an amount that is—

8 ‘‘(A) less than one-half of 1 percent of the

9 amount made available under this subsection

10 for such fiscal year; or

11 ‘‘(B) less than the amount allotted to such

12 State for fiscal year 1988 under title II of the

13 Education for Economic Security Act.

14 ‘‘(3) RATABLE REDUCTIONS.—(A) If the sums

15 made available under this part for any fiscal year

16 are insufficient to pay the full amounts that all

17 State educational agencies are eligible to receive

18 under paragraph (2)(B) for such year, the Secretary

19 shall ratably reduce the allotment to such agencies

20 for such year.

21 ‘‘(B) If additional funds become available for

22 making payments under paragraph (2)(B) for such

23 fiscal year, allotments that were reduced under sub24 paragraph (A) shall be increased on the same basis

25 as such allotments were reduced.
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1 ‘‘(c) REALLOTMENT OF UNUSED FUNDS.—The

2 amount of any State educational agency’s allotment under

3 subsection (b) for any fiscal year to carry out this part

4 which the Secretary determines will not be required for

5 that fiscal year to carry out this part shall be available

6 for reallotment from time to time, on such dates during

7 that year as the Secretary may determine, to other State

8 educational agencies in proportion to the original allot9 ments to those State educational agencies under sub10 section (b) for that year but with such proportionate

11 amount for any of those other State educational agencies

12 being reduced to the extent it exceeds the sum the Sec13 retary estimates that the State educational agency needs

14 and will be able to use for that year, and the total of those

15 reductions shall be similarly reallotted among the State

16 educational agencies whose proportionate amounts were

17 not so reduced. Any amounts reallotted to a State edu18 cational agency under this subsection during a year shall

19 be deemed a part of the State educational agency’s allot20 ment under subsection (b) for that year.

21 ‘‘(d) DEFINITION.—For the purposes of this part the

22 term ‘State’ means each of the 50 States, the District of

23 Columbia, and the Commonwealth of Puerto Rico.

24 ‘‘(e) DATA.—The number of children aged 5 to 17,

25 inclusive, in the State and in all States shall be determined
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1 by the Secretary on the basis of the most recent satisfac2 tory data available to the Secretary.

3 ‘‘SEC. 10505. STATE APPLICATION.

4 ‘‘(a) APPLICATION.—Each State educational agency

5 desiring to receive an allotment under this part shall file

6 an application with the Secretary which covers a period

7 of 5 fiscal years. Such application shall be filed at such

8 time, in such manner, and containing or accompanied by

9 such information as the Secretary may reasonably require.

10 ‘‘(b) CONTENTS OF APPLICATION.—Each application

11 described in subsection (a) shall—

12 ‘‘(1) provide assurances that—

13 ‘‘(A) the State educational agency shall use

14 the allotment provided under this part to award

15 grants to local educational agencies within the

16 State to enable such local educational agencies

17 to provide assistance to schools served by such

18 agency to carry out the purpose of this part;

19 ‘‘(B) the State educational agency will pro20 vide such fiscal control and funds accounting as

21 the Secretary may require;

22 ‘‘(C) every public elementary school in the

23 State is eligible to receive assistance under this

24 part once over the 5-year duration of the pro25 gram assisted under this part;
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1 ‘‘(D) funds provided under this part will

2 supplement, not supplant, State and local funds

3 made available for activities authorized under

4 this part;

5 ‘‘(E) during the 5-year period described in

6 the application, the State educational agency

7 will evaluate its standards and programs for

8 teacher preparation and inservice professional

9 development for elementary mathematics and

10 science;

11 ‘‘(F) the State educational agency will take

12 into account the needs for greater access to and

13 participation in mathematics and science by

14 students and teachers from historically under15 represented groups, including females, minori16 ties, individuals with limited English pro17 ficiency, the economically disadvantaged, and

18 individuals with disabilities; and

19 ‘‘(G) that the needs of teachers and stu20 dents in areas with high concentrations of low21 income students and sparsely populated areas

22 will be given priority in awarding assistance

23 under this part;

24 ‘‘(2) provide, if appropriate, a description of

25 how funds paid under this part will be coordinated
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1 with State and local funds and other Federal re2 sources, particularly with respect to programs for

3 the professional development and inservice training

4 of elementary school teachers in science and mathe5 matics; and

6 ‘‘(3) describe procedures—

7 ‘‘(A) for submitting applications for pro8 grams described in section 10506 for distribu9 tion of assistance under this part within the

10 State; and

11 ‘‘(B) for approval of applications by the

12 State educational agency, including appropriate

13 procedures to assure that such agency will not

14 disapprove an application without notice and

15 opportunity for a hearing.

16 ‘‘(c) STATE ADMINISTRATION.—Not more than 5

17 percent of the funds allotted to each State educational

18 agency under this part shall be used for the administrative

19 costs of such agency associated with carrying out the pro20 gram assisted under this part.

21 ‘‘SEC. 10506. LOCAL APPLICATION.

22 ‘‘(a) APPLICATION.—A local educational agency that

23 desires to receive a grant under this part shall submit an

24 application to the State educational agency. Each such ap25 plication shall contain assurances that each school served
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1 by the local educational agency shall be eligible for assist2 ance under this part only once.

3 ‘‘(b) CONTENTS OF APPLICATION.—Each application

4 described in subsection (a) shall—

5 ‘‘(1) describe how the local educational agency

6 plans to set priorities on the use and distribution

7 among schools of grant funds received under this

8 part to meet the purpose of this part;

9 ‘‘(2) include assurances that the local edu10 cational agency has made every effort to match on

11 a dollar-for-dollar basis from private or public

12 sources the funds received under this part, except

13 that no such application shall be penalized or denied

14 assistance under this part based on failure to pro15 vide such matching funds;

16 ‘‘(3) describe, if applicable, how funds under

17 this part will be coordinated with State, local, and

18 other Federal resources, especially with respect to

19 programs for the professional development and in20 service training of elementary school teachers in

21 science and mathematics; and

22 ‘‘(4) describe the process which will be used to

23 determine different levels of assistance to be award24 ed to schools with different needs.
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1 ‘‘(c) PRIORITY.—In awarding grants under this part,

2 the State educational agency shall give priority to applica3 tions that—

4 ‘‘(1) assign highest priority to providing assist5 ance to schools which—

6 ‘‘(A) are most seriously underequipped; or

7 ‘‘(B) serve large numbers or percentages of

8 economically disadvantaged students;

9 ‘‘(2) are attentive to the needs of underrep10 resented groups in science and mathematics;

11 ‘‘(3) demonstrate how science and mathematics

12 equipment will be part of a comprehensive plan of

13 curriculum planning or implementation and teacher

14 training supporting hands-on laboratory activities;

15 and

16 ‘‘(4) assign priority to providing equipment and

17 materials for students in grades 1 through 6.

18 ‘‘SEC. 10507. PROGRAM REQUIREMENTS.

19 ‘‘(a) COORDINATION.—Each State educational agen20 cy receiving an allotment under this part shall—

21 ‘‘(1) disseminate information to school districts

22 and schools, including private nonprofit elementary

23 schools, regarding the program assisted under this

24 part;
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1 ‘‘(2) evaluate applications of local educational

2 agencies;

3 ‘‘(3) award grants to local educational agencies

4 based on the priorities described in section 10506(c);

5 and

6 ‘‘(4) evaluate local educational agencies’ end-of7 year summaries and submit such evaluation to the

8 Secretary.

9 ‘‘(b) LIMITATIONS ON USE OF FUNDS.—

10 ‘‘(1) IN GENERAL.—Except as provided in para11 graph (2), grant funds and matching funds under

12 this part only shall be used to purchase science

13 equipment, science materials, or mathematical ma14 nipulative materials and shall not be used for com15 puters, computer peripherals, software, textbooks, or

16 staff development costs.

17 ‘‘(2) CAPITAL IMPROVEMENTS.—Grant funds

18 under this part may not be used for capital improve19 ments. Not more than 50 percent of any matching

20 funds provided by the local educational agency may

21 be used for capital improvements of classroom

22 science facilities to support the hands-on instruction

23 that this part is intended to support, such as the in24 stallation of electrical outlets, plumbing, lab tables

25 or counters, or ventilation mechanisms.
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1 ‘‘SEC. 10508. FEDERAL ADMINISTRATION.

2 ‘‘(a) TECHNICAL ASSISTANCE AND EVALUATION

3 PROCEDURES.—The Secretary shall provide technical as4 sistance and, in consultation with State and local rep5 resentatives of the program assisted under this part, shall

6 develop procedures for State and local evaluations of the

7 programs assisted under this part.

8 ‘‘(b) REPORT.—The Secretary shall report to the

9 Congress each year on the program assisted under this

10 part in accordance with section 10701.

11 ‘‘SEC. 10509. AUTHORIZATION OF APPROPRIATIONS.

12 ‘‘There are authorized to be appropriated

13 $30,000,000 for fiscal year 2002, and such sums as may

14 be necessary for each of the four succeeding fiscal years,

15 to carry out this part.’’.

16 TITLE X—SAFE AND DRUG-FREE

17 SCHOOLS AND COMMUNITIES

18 SEC. 1001. SAFE AND DRUG-FREE SCHOOLS AND COMMU19 NITIES.

20 Title XI (20 U.S.C. 8401 et seq.) is amended to read

21 as follows:
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1 ‘‘TITLE XI—SAFE AND DRUG2 FREE SCHOOLS AND COMMU3 NITIES

4 ‘‘SEC. 11001. SHORT TITLE.

5 ‘‘This title may be cited as the ‘Safe and Drug-Free

6 Schools and Communities Act of 2000’.

7 ‘‘SEC. 11002. FINDINGS.

8 ‘‘The Congress finds as follows:

9 ‘‘(1) The seventh National Education Goal pro10 vides that by the year 2000, all schools in America

11 will be free of drugs and violence and the unauthor12 ized presence of firearms and alcohol, and offer a

13 disciplined environment that is conducive to learn14 ing.

15 ‘‘(2) The widespread illegal use of alcohol and

16 other drugs among the Nation’s secondary school

17 students, and increasingly by students in elementary

18 schools as well, constitutes a grave threat to such

19 students’ physical and mental well-being, and signifi20 cantly impedes the learning process. For example,

21 data show that students who drink tend to receive

22 lower grades and are more likely to miss school be23 cause of illness than students who do not drink.

24 ‘‘(3) Our Nation’s schools and communities are

25 increasingly plagued by violence and crime. Approxi-
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1 mately 3,000,000 thefts and violent crimes occur in

2 or near our Nation’s schools every year, the equiva3 lent of more than 16,000 incidents per school day.

4 ‘‘(4) Violence that is linked to prejudice and in5 tolerance victimizes entire communities leading to

6 more violence and discrimination.

7 ‘‘(5) The tragic consequences of violence and

8 the illegal use of alcohol and drugs by students are

9 felt not only by students and such students’ families,

10 but by such students’ communities and the Nation,

11 which can ill afford to lose such students’ skills, tal12 ents, and vitality.

13 ‘‘(6) While use of illegal drugs is a serious

14 problem among a minority of teenagers, alcohol use

15 is far more widespread. The proportion of high

16 school students using alcohol, though lower than a

17 decade ago, remains unacceptably high. By the 8th

18 grade, 70 percent of youth report having tried alco19 hol and by the 12th grade, about 88 percent have

20 used alcohol. Alcohol use by young people can and

21 does have adverse consequences for users, their fam22 ilies, communities, schools, and colleges.

23 ‘‘(7) Alcohol and tobacco are widely used by

24 young people. Such use can, and does, have adverse

25 consequences for young people, their families, com-
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1 munities, schools, and colleges. Drug prevention pro2 grams for youth that address only controlled drugs

3 send an erroneous message that alcohol and tobacco

4 do not present significant problems, or that society

5 is willing to overlook their use. To be credible, mes6 sages opposing illegal drug use by youth should ad7 dress alcohol and tobacco as well.

8 ‘‘(8) Every day approximately 3,000 children

9 start smoking. Thirty percent of all secondary school

10 seniors are smokers. Half of all new smokers begin

11 smoking before the age of 14, 90 percent of such

12 smokers begin before the age of 21, and the average

13 age of the first use of smokeless tobacco is under the

14 age of 10. Use of tobacco products has been linked

15 to serious health problems. Drug education and pre16 vention programs that include tobacco have been ef17 fective in reducing teenage use of tobacco.

18 ‘‘(9) Drug and violence prevention programs

19 are essential components of a comprehensive strat20 egy to promote school safety and to reduce the de21 mand for and use of drugs throughout the Nation.

22 Schools and local organizations in communities

23 throughout the Nation have a special responsibility

24 to work together to combat the growing epidemic of

25 violence and illegal drug use and should measure the
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1 success of their programs against clearly defined

2 goals and objectives.

3 ‘‘(10) Students must take greater responsibility

4 for their own well-being, health, and safety if schools

5 and communities are to achieve the goals of pro6 viding a safe, disciplined, and drug-free learning en7 vironment.

8 ‘‘SEC. 11003. PURPOSE.

9 ‘‘The purpose of this title is to support programs to

10 meet the seventh National Education Goal by preventing

11 violence in and around schools and by strengthening pro12 grams that prevent the illegal use of alcohol, tobacco, and

13 drugs, involve parents, and are coordinated with related

14 Federal, State, and community efforts and resources,

15 through the provision of Federal assistance to—

16 ‘‘(1) States for grants to local educational agen17 cies and educational service agencies and consortia

18 of such agencies to establish, operate, and improve

19 local programs of school drug and violence preven20 tion, early intervention, rehabilitation referral, and

21 education in elementary and secondary schools (in22 cluding intermediate and junior high schools);

23 ‘‘(2) States for grants to, and contracts with,

24 community-based organizations and other public and

25 private nonprofit agencies and organizations for pro-
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1 grams of drug and violence prevention, early inter2 vention, rehabilitation referral, and education;

3 ‘‘(3) States for development, training, technical

4 assistance, and coordination activities;

5 ‘‘(4) public and private nonprofit organizations

6 to conduct training, demonstrations, and evaluation,

7 and to provide supplementary services for the pre8 vention of drug use and violence among students

9 and youth; and

10 ‘‘(5) institutions of higher education to estab11 lish, operate, expand, and improve programs of

12 school drug and violence prevention, education, and

13 rehabilitation referral for students enrolled in col14 leges and universities.

15 ‘‘SEC. 11004. FUNDING.

16 ‘‘There are authorized to be appropriated—

17 ‘‘(1) $440,000,000 for fiscal year 2002, and

18 such sums as may be necessary for each of the four

19 succeeding fiscal years, for State grants under sub20 part 1; and

21 ‘‘(2) $155,000,000 for fiscal year 2002, and

22 such sums as may be necessary for each of the four

23 succeeding fiscal years, for national programs under

24 subpart 2.
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1 ‘‘PART A—STATE GRANTS FOR DRUG AND

2 VIOLENCE PREVENTION PROGRAMS

3 ‘‘Subpart 1—State Grants for Drug and Violence

4 Prevention Programs

5 ‘‘SEC. 11011. RESERVATIONS AND ALLOTMENTS.

6 ‘‘(a) RESERVATIONS.—From the amount made avail7 able under section 11004(a) to carry out this subpart for

8 each fiscal year, the Secretary—

9 ‘‘(1) shall reserve 1 percent of such amount for

10 grants under this subpart to Guam, American

11 Samoa, the Virgin Islands, and the Commonwealth

12 of the Northern Mariana Islands, to be allotted in

13 accordance with the Secretary’s determination of

14 their respective needs;

15 ‘‘(2) shall reserve 1 percent of such amount for

16 the Secretary of the Interior to carry out programs

17 under this part for Indian youth;

18 ‘‘(3) may reserve not more than $1,000,000 for

19 the national impact evaluation required by section

20 11117(a); and

21 ‘‘(4) shall reserve 0.2 percent of such amount

22 for programs for Native Hawaiians under section

23 11118.

24 ‘‘(b) STATE ALLOTMENTS.—
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1 ‘‘(1) IN GENERAL.—Except as provided in para2 graph (2), the Secretary shall, for each fiscal year,

3 allocate among the States—

4 ‘‘(A) one-half of the remainder not re5 served under subsection (a) according to the

6 ratio between the school-aged population of

7 each State and the school-aged population of all

8 the States; and

9 ‘‘(B) one-half of such remainder according

10 to the ratio between the amount each State re11 ceived under part A of title I for the preceding

12 year and the sum of such amounts received by

13 all the States.

14 ‘‘(2) MINIMUM.—For any fiscal year, no State

15 shall be allotted under this subsection an amount

16 that is less than one-half of 1 percent of the total

17 amount allotted to all the States under this sub18 section.

19 ‘‘(3) REALLOTMENT.—The Secretary may

20 reallot any amount of any allotment to a State if the

21 Secretary determines that the State will be unable to

22 use such amount within two years of such allotment.

23 Such reallotments shall be made on the same basis

24 as allotments are made under paragraph (1).
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1 ‘‘(4) DEFINITIONS.—For the purpose of this

2 subsection—

3 ‘‘(A) the term ‘State’ means each of the 50

4 States, the District of Columbia, and the Com5 monwealth of Puerto Rico; and

6 ‘‘(B) the term ‘local educational agency’

7 includes educational service agencies and con8 sortia of such agencies.

9 ‘‘SEC. 11112. STATE APPLICATIONS.

10 ‘‘(a) IN GENERAL.—In order to receive an allotment

11 under section 11111 for any fiscal year, a State shall sub12 mit to the Secretary, at such time as the Secretary may

13 require, an application that—

14 ‘‘(1) describes how funds under this subpart

15 will be coordinated with programs under this Act,

16 the Goals 2000: Educate America Act, and other

17 Acts, as appropriate, in accordance with the provi18 sions of section 14306;

19 ‘‘(2) contains the results of the State’s needs

20 assessment for drug and violence prevention pro21 grams, which shall be based on the results of on22 going State evaluation activities, including data on

23 the prevalence of drug use and violence by youth in

24 schools and communities;
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1 ‘‘(3) contains assurances that the sections of

2 the application concerning the funds provided to the

3 chief executive officer and the State educational

4 agency were developed separately by such officer or

5 agency, respectively, but in consultation and coordi6 nation with appropriate State officials and others,

7 including the chief State school officer, the chief ex8 ecutive officer, the head of the State alcohol and

9 drug abuse agency, the heads of the State health

10 and mental health agencies, the head of the State

11 criminal justice planning agency, the head of the

12 State child welfare agency, the head of the State

13 board of education, or their designees, and rep14 resentatives of parents, students, and community15 based organizations;

16 ‘‘(4) contains an assurance that the State will

17 cooperate with, and assist, the Secretary in con18 ducting a national impact evaluation of programs re19 quired by section 11117(a); and

20 ‘‘(5) includes any other information the Sec21 retary may require.

22 ‘‘(b) STATE EDUCATIONAL AGENCY FUNDS.—A

23 State’s application under this section shall also contain a

24 comprehensive plan for the use of funds under section

25 11113(a) by the State educational agency that includes—
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1 ‘‘(1) a statement of the State educational agen2 cy’s measurable goals and objectives for drug and vi3 olence prevention and a description of the proce4 dures such agency will use for assessing and publicly

5 reporting progress toward meeting those goals and

6 objectives;

7 ‘‘(2) a plan for monitoring the implementation

8 of, and providing technical assistance regarding, the

9 drug and violence prevention programs conducted by

10 local educational agencies in accordance with section

11 11116;

12 ‘‘(3) a description of how the State educational

13 agency will use funds under section 11113(b);

14 ‘‘(4) a description of how the State educational

15 agency will coordinate such agency’s activities under

16 this subpart with the chief executive officer’s drug

17 and violence prevention programs under this subpart

18 and with the prevention efforts of other State agen19 cies;

20 ‘‘(5) an explanation of the criteria the State

21 educational agency will use to identify which local

22 educational agencies receive supplemental funds

23 under section 11113(d)(2)(A)(ii) and how the sup24 plemental funds will be allocated among such local

25 educational agencies; and
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1 ‘‘(6) a description of the procedures the State

2 educational agency will use to review applications

3 from local educational agencies under section 11115.

4 ‘‘(c) GOVERNOR’S FUNDS.—A State’s application

5 under this section shall also contain a comprehensive plan

6 for the use of funds under section 11114(a) by the chief

7 executive officer that includes—

8 ‘‘(1) a statement of the chief executive officer’s

9 measurable goals and objectives for drug and vio10 lence prevention and a description of the procedures

11 to be used for assessing and publicly reporting

12 progress toward meeting such goals and objectives;

13 ‘‘(2) a description of how the chief executive of14 ficer will coordinate such officer’s activities under

15 this part with the State educational agency and

16 other State agencies and organizations involved with

17 drug and violence prevention efforts;

18 ‘‘(3) a description of how funds reserved under

19 section 11114(a) will be used so as not to duplicate

20 the efforts of the State educational agency and local

21 educational agencies with regard to the provision of

22 school-based prevention efforts and services and how

23 those funds will be used to serve populations not

24 normally served by the State educational agency,
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1 such as school dropouts and youth in detention cen2 ters;

3 ‘‘(4) a description of how the chief executive of4 ficer will award funds under section 11114(a) and a

5 plan for monitoring the performance of, and pro6 viding technical assistance to, recipients of such

7 funds;

8 ‘‘(5) a description of the special outreach activi9 ties that will be carried out to maximize the partici10 pation of community-based organizations of dem11 onstrated effectiveness which provide services in low12 income communities; and

13 ‘‘(6) a description of how funds will be used to

14 support community-wide comprehensive drug and vi15 olence prevention planning.

16 ‘‘(d) PEER REVIEW.—The Secretary shall use a peer

17 review process in reviewing State applications under this

18 section.

19 ‘‘(e) INTERIM APPLICATION.—Notwithstanding any

20 other provisions of this section, a State may submit for

21 fiscal year 2002 a one-year interim application and plan

22 for the use of funds under this subpart that are consistent

23 with the requirements of this section and contain such in24 formation as the Secretary may specify in regulations. The

25 purpose of such interim application and plan shall be to
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1 afford the State the opportunity to fully develop and re2 view such State’s application and comprehensive plan oth3 erwise required by this section. A State may not receive

4 a grant under this subpart for a fiscal year subsequent

5 to fiscal year 2001 unless the Secretary has approved such

6 State’s application and comprehensive plan in accordance

7 with this subpart.

8 ‘‘SEC. 11113. STATE AND LOCAL EDUCATIONAL AGENCY

9 PROGRAMS.

10 ‘‘(a) USE OF FUNDS.—

11 ‘‘(1) IN GENERAL.—Except as provided in para12 graph (2), an amount equal to 80 percent of the

13 total amount allocated to a State under section

14 11111 for each fiscal year shall be used by the State

15 educational agency and its local educational agencies

16 for drug and violence prevention activities in accord17 ance with this section.

18 ‘‘(2) EXCEPTION.—(A) If a State has, on or be19 fore January 1, 2002, established an independent

20 State agency for the purpose of administering all of

21 the funds described in section 5121 of this Act (as

22 such section was in effect on the day preceding the

23 date of the enactment of the Improving America’s

24 Schools Act of 1994), then—
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1 ‘‘(i) an amount equal to 80 percent of the

2 total amount allocated to such State under sec3 tion 11111 for each fiscal year shall be used by

4 the State educational agency and its local edu5 cational agencies for drug and violence preven6 tion activities in accordance with this section;

7 and

8 ‘‘(ii) an amount equal to 20 percent of

9 such total amount shall be used by such inde10 pendent State agency for drug and violence pre11 vention activities in accordance with this sec12 tion.

13 ‘‘(B) Not more than 5 percent of the amount

14 reserved under subparagraph (A)(ii) may be used for

15 administrative costs of the independent State agency

16 incurred in carrying out the activities described in

17 such subparagraph.

18 ‘‘(C) For purposes of this paragraph, the term

19 ‘independent State agency’ means an independent

20 agency with a board of directors or a cabinet level

21 agency whose chief executive officer is appointed by

22 the chief executive officer of the State and confirmed

23 with the advice and consent of the senate of such

24 State.

25 ‘‘(b) STATE LEVEL PROGRAMS.—
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1 ‘‘(1) IN GENERAL.—A State educational agency

2 shall use not more than 5 percent of the amount

3 available under subsection (a) for activities such

4 as—

5 ‘‘(A) training and technical assistance con6 cerning drug and violence prevention for local

7 educational agencies and educational service

8 agencies, including teachers, administrators,

9 coaches and athletic directors, other staff, par10 ents, students, community leaders, health serv11 ice providers, local law enforcement officials,

12 and judicial officials;

13 ‘‘(B) the development, identification, dis14 semination, and evaluation of the most readily

15 available, accurate, and up-to-date curriculum

16 materials (including videotapes, software, and

17 other technology-based learning resources), for

18 consideration by local educational agencies;

19 ‘‘(C) making available to local educational

20 agencies cost effective programs for youth vio21 lence and drug abuse prevention;

22 ‘‘(D) demonstration projects in drug and

23 violence prevention;
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1 ‘‘(E) training, technical assistance, and

2 demonstration projects to address violence asso3 ciated with prejudice and intolerance;

4 ‘‘(F) financial assistance to enhance re5 sources available for drug and violence preven6 tion in areas serving large numbers of economi7 cally disadvantaged children or sparsely popu8 lated areas, or to meet other special needs con9 sistent with the purposes of this subpart; and

10 ‘‘(G) the evaluation of activities carried out

11 within the State under this part.

12 ‘‘(2) SPECIAL RULE.—A State educational

13 agency may carry out activities under this subsection

14 directly, or through grants or contracts.

15 ‘‘(c) STATE ADMINISTRATION.—A State educational

16 agency may use not more than 4 percent of the amount

17 reserved under subsection (a) for the administrative costs

18 of carrying out its responsibilities under this part.

19 ‘‘(d) LOCAL EDUCATIONAL AGENCY PROGRAMS.—

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

21 shall distribute not less than 91 percent of the

22 amount made available under subsection (a) for each

23 fiscal year to local educational agencies in accord24 ance with this subsection.
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1 ‘‘(2) DISTRIBUTION.—(A) Of the amount dis2 tributed under paragraph (1), a State educational

3 agency shall distribute—

4 ‘‘(i) 70 percent of such amount to local

5 educational agencies, based on the relative en6 rollments in public and private nonprofit ele7 mentary and secondary schools within the

8 boundaries of such agencies; and

9 ‘‘(ii) 30 percent of such amount to local

10 educational agencies that the State educational

11 agency determines have the greatest need for

12 additional funds to carry out drug and violence

13 prevention programs authorized by this subpart.

14 ‘‘(B) Where appropriate and to the extent con15 sistent with the needs assessment conducted by the

16 State, not less than 25 percent of the amount dis17 tributed under subparagraph (A)(ii) for a fiscal year

18 shall be distributed to local educational agencies lo19 cated in rural and urban areas.

20 ‘‘(C)(i) A State educational agency shall dis21 tribute funds under subparagraph (A)(ii) to not

22 more than 10 percent of the local educational agen23 cies in the State, or five such agencies, whichever is

24 greater.
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1 ‘‘(ii) In determining which local educational

2 agencies have the greatest need for additional funds,

3 the State educational agency shall consider objective

4 data such as—

5 ‘‘(I) high rates of alcohol or drug use

6 among youth;

7 ‘‘(II) high rates of victimization of youth

8 by violence and crime;

9 ‘‘(III) high rates of arrests and convictions

10 of youth for violent or drug- or alcohol-related

11 crime;

12 ‘‘(IV) the extent of illegal gang activity;

13 ‘‘(V) high incidence of violence associated

14 with prejudice and intolerance;

15 ‘‘(VI) high rates of referrals of youths to

16 drug and alcohol abuse treatment and rehabili17 tation programs;

18 ‘‘(VII) high rates of referrals of youths to

19 juvenile court;

20 ‘‘(VIII) high rates of expulsions and sus21 pensions of students from schools; and

22 ‘‘(IX) high rates of reported cases of child

23 abuse and domestic violence.

24 ‘‘(e) REALLOCATION OF FUNDS.—If a local edu25 cational agency chooses not to apply to receive the amount
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1 allocated to such agency under subsection (d), or if such

2 agency’s application under section 11115 is disapproved

3 by the State educational agency, the State educational

4 agency shall reallocate such amount to one or more of the

5 local educational agencies determined by the State edu6 cational agency under subsection (d)(2)(C)(ii) to have the

7 greatest need for additional funds.

8 ‘‘(f) RETURN OF FUNDS TO STATE EDUCATIONAL

9 AGENCY; REALLOCATION.—

10 ‘‘(1) RETURN.—Except as provided in para11 graph (2), upon the expiration of the 1-year period

12 beginning on the date that a local educational agen13 cy or educational service agency under this title re14 ceives its allocation under this title—

15 ‘‘(A) such agency shall return to the State

16 educational agency any funds from such alloca17 tion that remain unobligated; and

18 ‘‘(B) the State educational agency shall re19 allocate any such amount to local educational

20 agencies or educational service agencies that

21 have plans for using such amount for programs

22 or activities on a timely basis.

23 ‘‘(2) REALLOCATION.—In any fiscal year, a

24 local educational agency, may retain for obligation in

25 the succeeding fiscal year—
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1 ‘‘(A) an amount equal to not more than 25

2 percent of the allocation it receives under this

3 title for such fiscal year; or

4 ‘‘(B) upon a demonstration of good cause

5 by such agency or consortium, a greater

6 amount approved by the State educational

7 agency.

8 ‘‘SEC. 11114. GOVERNOR’S PROGRAMS.

9 ‘‘(a) USE OF FUNDS.—

10 ‘‘(1) IN GENERAL.—An amount equal to 20

11 percent of the total amount allocated to a State

12 under section 11111(1) for each fiscal year shall be

13 used by the chief executive officer of such State for

14 drug and violence prevention programs and activities

15 in accordance with this section.

16 ‘‘(2) LAW ENFORCEMENT EDUCATION PART17 NERSHIPS.—A chief executive officer shall use not

18 less than 10 percent of the 20 percent of the total

19 amount described in paragraph (1) for each fiscal

20 year for law enforcement education partnerships in

21 accordance with subsection (d).

22 ‘‘(3) ADMINISTRATIVE COSTS.—A chief execu23 tive officer may use not more than 5 percent of the

24 20 percent of the total amount described in para25 graph (1) for the administrative costs incurred in
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1 carrying out the duties of such officer under this

2 section.

3 ‘‘(b) PROGRAMS AUTHORIZED.—

4 ‘‘(1) IN GENERAL.—A chief executive officer

5 shall use funds made available under subsection

6 (a)(1) for grants to or contracts with parent groups,

7 community action and job training agencies, commu8 nity-based organizations, and other public entities

9 and private nonprofit organizations and consortia

10 thereof. In making such grants and contracts, a

11 chief executive officer shall give priority to programs

12 and activities described in subsection (c) for—

13 ‘‘(A) children and youth who are not nor14 mally served by State or local educational agen15 cies; or

16 ‘‘(B) populations that need special services

17 or additional resources (such as preschoolers,

18 youth in juvenile detention facilities, runaway

19 or homeless children and youth, pregnant and

20 parenting teenagers, and school dropouts).

21 ‘‘(2) PEER REVIEW.—Grants or contracts

22 awarded under this subsection shall be subject to a

23 peer review process.
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1 ‘‘(c) AUTHORIZED ACTIVITIES.—Grants and con2 tracts under subsection (b) shall be used for programs and

3 activities such as—

4 ‘‘(1) disseminating information about drug and

5 violence prevention;

6 ‘‘(2) training parents, law enforcement officials,

7 judicial officials, social service providers, health serv8 ice providers and community leaders about drug and

9 violence prevention, comprehensive health education,

10 early intervention, pupil services, or rehabilitation

11 referral;

12 ‘‘(3) developing and implementing comprehen13 sive, community-based drug and violence prevention

14 programs that link community resources with

15 schools and integrate services involving education,

16 vocational and job skills training and placement, law

17 enforcement, health, mental health, community serv18 ice, mentoring, and other appropriate services;

19 ‘‘(4) planning and implementing drug and vio20 lence prevention activities that coordinate the efforts

21 of State agencies with efforts of the State edu22 cational agency and its local educational agencies;

23 ‘‘(5) activities to protect students traveling to

24 and from school;
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1 ‘‘(6) before-and-after school recreational, in2 structional, cultural, and artistic programs that en3 courage drug- and violence-free lifestyles;

4 ‘‘(7) activities that promote the awareness of

5 and sensitivity to alternatives to violence through

6 courses of study that include related issues of intol7 erance and hatred in history;

8 ‘‘(8) developing and implementing activities to

9 prevent and reduce violence associated with preju10 dice and intolerance;

11 ‘‘(9) developing and implementing strategies to

12 prevent illegal gang activity;

13 ‘‘(10) coordinating and conducting community14 wide violence and safety assessments and surveys;

15 ‘‘(11) service-learning projects that encourage

16 drug- and violence-free lifestyles; and

17 ‘‘(12) evaluating programs and activities as18 sisted under this section.

19 ‘‘(d) LAW ENFORCEMENT EDUCATION PARTNER20 SHIPS.—A chief executive officer shall use funds under

21 subsection (a)(2) to award grants to State, county or local

22 law enforcement agencies (including district attorneys) in

23 consortium with local educational agencies or community24 based agencies for the purposes of carrying out drug abuse

25 and violence prevention activities, such as—
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1 ‘‘(1) Project Drug Abuse Resistance Education

2 and other programs which provide classroom instruc3 tion by uniformed law enforcement officials that is

4 designed to teach students to recognize and resist

5 pressures to experiment that influence such children

6 to use controlled substances or alcohol;

7 ‘‘(2) Project Legal Lives and other programs in

8 which district attorneys provide classroom instruc9 tion in the law and legal system which emphasizes

10 interactive learning techniques, such as mock trial

11 competitions;

12 ‘‘(3) partnerships between law enforcement and

13 child guidance professionals; and

14 ‘‘(4) before- and after-school activities.

15 ‘‘SEC. 11115. LOCAL APPLICATIONS.

16 ‘‘(a) APPLICATION REQUIRED.—

17 ‘‘(1) IN GENERAL.—In order to be eligible to

18 receive a distribution under section 11113(d) for any

19 fiscal year, a local educational agency shall submit,

20 at such time as the State educational agency re21 quires, an application to the State educational agen22 cy for approval. Such an application shall be amend23 ed, as necessary, to reflect changes in the local edu24 cational agency’s program.
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1 ‘‘(2) DEVELOPMENT.—(A) A local educational

2 agency shall develop its application under subsection

3 (a)(1) in consultation with a local or substate re4 gional advisory council that includes, to the extent

5 possible, representatives of local government, busi6 ness, parents, students, teachers, pupil services per7 sonnel, appropriate State agencies, private schools,

8 the medical profession, law enforcement, community9 based organizations, and other groups with interest

10 and expertise in drug and violence prevention.

11 ‘‘(B) In addition to assisting the local edu12 cational agency to develop an application under this

13 section, the advisory council established or des14 ignated under subparagraph (A) shall, on an ongo15 ing basis—

16 ‘‘(i) disseminate information about drug

17 and violence prevention programs, projects, and

18 activities conducted within the boundaries of

19 the local educational agency;

20 ‘‘(ii) advise the local educational agency

21 regarding—

22 ‘‘(I) how best to coordinate such agen23 cy’s activities under this subpart with

24 other related programs, projects, and ac25 tivities; and
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1 ‘‘(II) the agencies that administer

2 such programs, projects, and activities;

3 and

4 ‘‘(iii) review program evaluations and other

5 relevant material and make recommendations to

6 the local educational agency on how to improve

7 such agency’s drug and violence prevention pro8 grams.

9 ‘‘(b) CONTENTS OF APPLICATIONS.—An application

10 under this section shall contain—

11 ‘‘(1) an objective analysis of the current use

12 (and consequences of such use) of alcohol, tobacco,

13 and controlled, illegal, addictive or harmful sub14 stances as well as the violence, safety, and discipline

15 problems among students who attend the schools of

16 the applicant (including private school students who

17 participate in the applicant’s drug and violence pre18 vention program) that is based on ongoing local as19 sessment or evaluation activities;

20 ‘‘(2) a detailed explanation of the local edu21 cational agency’s comprehensive plan for drug and

22 violence prevention, which shall include a description

23 of—

24 ‘‘(A) how the plan will be coordinated with

25 programs under this Act, the Goals 2000: Edu-
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1 cate America Act, and other Acts, as appro2 priate, in accordance with the provisions of sec3 tion 14306;

4 ‘‘(B) the local educational agency’s meas5 urable goals for drug and violence prevention,

6 and a description of how such agency will as7 sess and publicly report progress toward attain8 ing these goals;

9 ‘‘(C) how the local educational agency will

10 use its distribution under this subpart;

11 ‘‘(D) how the local educational agency will

12 coordinate such agency’s programs and projects

13 with community-wide efforts to achieve such

14 agency’s goals for drug and violence prevention;

15 and

16 ‘‘(E) how the local educational agency will

17 coordinate such agency’s programs and projects

18 with other Federal, State, and local programs

19 for drug-abuse prevention, including health pro20 grams; and

21 ‘‘(3) such other information and assurances as

22 the State educational agency may reasonably re23 quire.

24 ‘‘(c) REVIEW OF APPLICATION.—
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1 ‘‘(1) IN GENERAL.—In reviewing local applica2 tions under this section, a State educational agency

3 shall use a peer review process or other methods of

4 assuring the quality of such applications.

5 ‘‘(2) CONSIDERATIONS.—(A) In determining

6 whether to approve the application of a local edu7 cational agency under this section, a State edu8 cational agency shall consider the quality of the local

9 educational agency’s comprehensive plan under sub10 section (b)(2) and the extent to which such plan is

11 coordinated with programs under this Act, the Goals

12 2000: Educate America Act, in accordance with the

13 provisions of section 14306.

14 ‘‘(B) A State educational agency may dis15 approve a local educational agency application under

16 this section in whole or in part and may withhold,

17 limit, or place restrictions on the use of funds allot18 ted to such a local educational agency in a manner

19 the State educational agency determines will best

20 promote the purposes of this part, except that a

21 local educational agency shall be afforded an oppor22 tunity to appeal any such disapproval.
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1 ‘‘SEC. 11116. LOCAL DRUG AND VIOLENCE PREVENTION

2 PROGRAMS.

3 ‘‘(a) PROGRAM REQUIREMENTS.—A local educational

4 agency shall use funds received under this subpart to

5 adopt and carry out a comprehensive drug and violence

6 prevention program which shall—

7 ‘‘(1) be designed, for all students and employ8 ees, to—

9 ‘‘(A) prevent the use, possession, and dis10 tribution of tobacco, alcohol, and illegal drugs

11 by students and to prevent the illegal use, pos12 session, and distribution of such substances by

13 employees;

14 ‘‘(B) prevent violence and promote school

15 safety; and

16 ‘‘(C) create a disciplined environment con17 ducive to learning; and

18 ‘‘(2) include activities to promote the involve19 ment of parents and coordination with community

20 groups and agencies, including the distribution of in21 formation about the local educational agency’s

22 needs, goals, and programs under this subpart.

23 ‘‘(b) AUTHORIZED ACTIVITIES.—A comprehensive

24 drug and violence prevention program carried out under

25 this subpart may include—
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1 ‘‘(1) age-appropriate, developmentally based

2 drug prevention and education programs for all stu3 dents, from the preschool level through grade 12,

4 that address the legal, social, personal and health

5 consequences of the use of illegal drugs, promote a

6 sense of individual responsibility, and provide infor7 mation about effective techniques for resisting peer

8 pressure to use illegal drugs;

9 ‘‘(2) programs of drug prevention, comprehen10 sive health education, early intervention, pupil serv11 ices, mentoring, or rehabilitation referral, which em12 phasize students’ sense of individual responsibility

13 and which may include—

14 ‘‘(A) the dissemination of information

15 about drug prevention;

16 ‘‘(B) the professional development of

17 school personnel, parents, students, law enforce18 ment officials, judicial officials, health service

19 providers and community leaders in prevention,

20 education, early intervention, pupil services or

21 rehabilitation referral; and

22 ‘‘(C) the implementation of strategies, in23 cluding strategies to integrate the delivery of

24 services from a variety of providers, to combat

25 illegal alcohol, tobacco and drug use, such as—
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1 ‘‘(i) family counseling;

2 ‘‘(ii) early intervention activities that

3 prevent family dysfunction, enhance school

4 performance, and boost attachment to

5 school and family; and

6 ‘‘(iii) activities, such as community

7 service and service-learning projects, that

8 are designed to increase students’ sense of

9 community;

10 ‘‘(3) age-appropriate, developmentally based vi11 olence prevention and education programs for all

12 students, from the preschool level through grade 12,

13 that address the legal, health, personal, and social

14 consequences of violent and disruptive behavior, in15 cluding sexual harassment and abuse, and victimiza16 tion associated with prejudice and intolerance, and

17 that include activities designed to help students de18 velop a sense of individual responsibility and respect

19 for the rights of others, and to resolve conflicts with20 out violence;

21 ‘‘(4) violence prevention programs for school22 aged youth, which emphasize students’ sense of indi23 vidual responsibility and may include—

24 ‘‘(A) the dissemination of information

25 about school safety and discipline;
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1 ‘‘(B) the professional development of

2 school personnel, parents, students, law enforce3 ment officials, judicial officials, and community

4 leaders in designing and implementing strate5 gies to prevent school violence;

6 ‘‘(C) the implementation of strategies, such

7 as conflict resolution and peer mediation, stu8 dent outreach efforts against violence, anti9 crime youth councils (which work with school

10 and community-based organizations to discuss

11 and develop crime prevention strategies), and

12 the use of mentoring programs, to combat

13 school violence and other forms of disruptive

14 behavior, such as sexual harassment and abuse;

15 and

16 ‘‘(D) the development and implementation

17 of character education programs, as a compo18 nent of a comprehensive drug or violence pre19 vention program, that are tailored by commu20 nities, parents and schools; and

21 ‘‘(E) comprehensive, community-wide

22 strategies to prevent or reduce illegal gang ac23 tivities;

24 ‘‘(5) supporting ‘‘safe zones of passage’’ for

25 students between home and school through such
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1 measures as Drug- and Weapon-Free School Zones,

2 enhanced law enforcement, and neighborhood pa3 trols;

4 ‘‘(6) acquiring and installing metal detectors

5 and hiring security personnel;

6 ‘‘(7) professional development for teachers and

7 other staff and curricula that promote the awareness

8 of and sensitivity to alternatives to violence through

9 courses of study that include related issues of intol10 erance and hatred in history;

11 ‘‘(8) the promotion of before-and-after school

12 recreational, instructional, cultural, and artistic pro13 grams in supervised community settings;

14 ‘‘(9) drug abuse resistance education programs,

15 designed to teach students to recognize and resist

16 pressures to use alcohol or other drugs, which may

17 include activities such as classroom instruction by

18 uniformed law enforcement officers, resistance tech19 niques, resistance to peer pressure and gang pres20 sure, and provision for parental involvement; and

21 ‘‘(10) the evaluation of any of the activities au22 thorized under this subsection.

23 ‘‘(c) LIMITATIONS.—

24 ‘‘(1) IN GENERAL.—Not more than 20 percent

25 of the funds made available to a local educational
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1 agency under this subpart may be used to carry out

2 the activities described in paragraphs (5) and (6) of

3 subsection (b).

4 ‘‘(2) SPECIAL RULE.—A local educational agen5 cy shall only be able to use funds received under this

6 subpart for activities described in paragraphs (5)

7 and (6) of subsection (b) if funding for such activi8 ties is not received from other Federal agencies.

9 ‘‘SEC. 11117. EVALUATION AND REPORTING.

10 ‘‘(a) NATIONAL IMPACT EVALUATION.—

11 ‘‘(1) BIENNIAL EVALUATION.—The Secretary,

12 in consultation with the Secretary of Health and

13 Human Services, the Director of the Office of Na14 tional Drug Control Policy, and the Attorney Gen15 eral, shall conduct an independent biennial evalua16 tion of the national impact of programs assisted

17 under this subpart and of other recent and new ini18 tiatives to combat violence in schools and submit a

19 report of the findings of such evaluation to the

20 President and the Congress.

21 ‘‘(2) DATA COLLECTION.—(A) The National

22 Center for Education Statistics shall collect data to

23 determine the frequency, seriousness, and incidence

24 of violence in elementary and secondary schools in

25 the States. The Secretary shall collect the data
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1 using, wherever appropriate, data submitted by the

2 States pursuant to subsection (b)(2)(B).

3 ‘‘(B) Not later than January 1, 2004, the Sec4 retary shall submit to the Congress a report on the

5 data collected under this subsection, together with

6 such recommendations as the Secretary determines

7 appropriate, including estimated costs for imple8 menting any recommendation.

9 ‘‘(b) STATE REPORT.—

10 ‘‘(1) IN GENERAL.—By October 1, 2003, and

11 every third year thereafter, the chief executive offi12 cer of the State, in cooperation with the State edu13 cational agency, shall submit to the Secretary a

14 report—

15 ‘‘(A) on the implementation and outcomes

16 of State programs under section 11114 and sec17 tion 11113(b) and local educational agency pro18 grams under section 11113(d), as well as an as19 sessment of their effectiveness; and

20 ‘‘(B) on the State’s progress toward at21 taining its goals for drug and violence preven22 tion under subsections (b)(1) and (c)(1) of sec23 tion 11112.

24 ‘‘(2) SPECIAL RULE.—The report required by

25 this subsection shall be—
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1 ‘‘(A) in the form specified by the Sec2 retary;

3 ‘‘(B) based on the State’s ongoing evalua4 tion activities, and shall include data on the

5 prevalence of drug use and violence by youth in

6 schools and communities; and

7 ‘‘(C) made readily available to the public.

8 ‘‘(c) LOCAL EDUCATIONAL AGENCY REPORT.—Each

9 local educational agency receiving funds under this sub10 part shall submit to the State educational agency such in11 formation, and at such intervals, that the State requires

12 to complete the State report required by subsection (b),

13 including information on the prevalence of drug use and

14 violence by youth in the schools and the community. Such

15 information shall be made readily available to the public.

16 ‘‘SEC. 11118. PROGRAMS FOR NATIVE HAWAIIANS.

17 ‘‘(a) GENERAL AUTHORITY.—From the funds made

18 available pursuant to section 11111(a)(4) to carry out this

19 section, the Secretary shall make grants to or enter into

20 cooperative agreements or contracts with organizations

21 primarily serving and representing Native Hawaiians

22 which are recognized by the Governor of the State of Ha23 waii to plan, conduct, and administer programs, or por24 tions thereof, which are authorized by and consistent with
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1 the provisions of this title for the benefit of Native Hawai2 ians.

3 ‘‘(b) DEFINITION OF NATIVE HAWAIIAN.—For the

4 purposes of this section, the term ‘Native Hawaiian’

5 means any individual any of whose ancestors were natives,

6 prior to 1778, of the area which now comprises the State

7 of Hawaii.

8 ‘‘Subpart 2—National Programs

9 ‘‘SEC. 11121. FEDERAL ACTIVITIES.

10 ‘‘(a) PROGRAM AUTHORIZED.—From funds made

11 available to carry out this subpart under section 11004(2),

12 the Secretary, in consultation with the Secretary of Health

13 and Human Services, the Director of the Office of Na14 tional Drug Control Policy, the Chair of the Ounce of Pre15 vention Council, and the Attorney General, shall carry out

16 programs to prevent the illegal use of drugs and violence

17 among, and promote safety and discipline for, students at

18 all educational levels from preschool through the postsec19 ondary level. The Secretary shall carry out such programs

20 directly, or through grants, contracts, or cooperative

21 agreements with public and private nonprofit organiza22 tions and individuals, or through agreements with other

23 Federal agencies, and shall coordinate such programs with

24 other appropriate Federal activities. Such programs may

25 include—
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1 ‘‘(1) the development and demonstration of in2 novative strategies for training school personnel,

3 parents, and members of the community, including

4 the demonstration of model preservice training pro5 grams for prospective school personnel;

6 ‘‘(2) demonstrations and rigorous evaluations of

7 innovative approaches to drug and violence preven8 tion;

9 ‘‘(3) the provision of information on drug abuse

10 education and prevention to the Secretary of Health

11 and Human Services for dissemination by the clear12 inghouse for alcohol and drug abuse information es13 tablished under section 501(d)(16) of the Public

14 Health Service Act;

15 ‘‘(4) the development of curricula related to

16 child abuse prevention and education and the train17 ing of personnel to teach child abuse education and

18 prevention to elementary and secondary school19 children;

20 ‘‘(5) program evaluations in accordance with

21 section 14701 that address issues not addressed

22 under section 11117(a);

23 ‘‘(6) direct services to schools and school sys24 tems afflicted with especially severe drug and vio25 lence problems;
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1 ‘‘(7) activities in communities designated as

2 empowerment zones or enterprise communities that

3 will connect schools to community-wide efforts to re4 duce drug and violence problems;

5 ‘‘(8) developing and disseminating drug and vi6 olence prevention materials, including video-based

7 projects and model curricula;

8 ‘‘(9) developing and implementing a comprehen9 sive violence prevention strategy for schools and

10 communities, that may include conflict resolution,

11 peer mediation, the teaching of law and legal con12 cepts, and other activities designed to stop violence;

13 ‘‘(10) the implementation of innovative activi14 ties, such as community service projects, designed to

15 rebuild safe and healthy neighborhoods and increase

16 students’ sense of individual responsibility;

17 ‘‘(11) grants to noncommercial telecommuni18 cations entities for the production and distribution

19 of national video-based projects that provide young

20 people with models for conflict resolution and re21 sponsible decisionmaking;

22 ‘‘(12) the development of education and train23 ing programs, curricula, instructional materials, and

24 professional training and development for preventing

25 and reducing the incidence of crimes and conflicts
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1 motivated by hate in localities most directly affected

2 by hate crimes; and

3 ‘‘(13) other activities that meet unmet national

4 needs related to the purposes of this title.

5 ‘‘(b) PEER REVIEW.—The Secretary shall use a peer

6 review process in reviewing applications for funds under

7 this section.

8 ‘‘SEC. 11123. HATE CRIME PREVENTION.

9 ‘‘(a) GRANT AUTHORIZATION.—From funds made

10 available to carry out this subpart under section 11004(1)

11 the Secretary may make grants to local educational agen12 cies and community-based organizations for the purpose

13 of providing assistance to localities most directly affected

14 by hate crimes.

15 ‘‘(b) USE OF FUNDS.—

16 ‘‘(1) PROGRAM DEVELOPMENT.—Grants under

17 this section may be used to improve elementary and

18 secondary educational efforts, including—

19 ‘‘(A) development of education and train20 ing programs designed to prevent and to reduce

21 the incidence of crimes and conflicts motivated

22 by hate;

23 ‘‘(B) development of curricula for the pur24 pose of improving conflict or dispute resolution

25 skills of students, teachers, and administrators;
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1 ‘‘(C) development and acquisition of equip2 ment and instructional materials to meet the

3 needs of, or otherwise be part of, hate crime or

4 conflict programs; and

5 ‘‘(D) professional training and develop6 ment for teachers and administrators on the

7 causes, effects, and resolutions of hate crimes

8 or hate-based conflicts.

9 ‘‘(2) IN GENERAL.—In order to be eligible to

10 receive a grant under this section for any fiscal year,

11 a local educational agency, or a local educational

12 agency in conjunction with a community-based orga13 nization, shall submit an application to the Secretary

14 in such form and containing such information as the

15 office may reasonably require.

16 ‘‘(3) REQUIREMENTS.—Each application under

17 paragraph (2) shall include—

18 ‘‘(A) a request for funds for the purposes

19 described in this section;

20 ‘‘(B) a description of the schools and com21 munities to be served by the grants; and

22 ‘‘(C) assurances that Federal funds re23 ceived under this section shall be used to sup24 plement, not supplant, non-Federal funds.
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1 ‘‘(4) COMPREHENSIVE PLAN.—Each application

2 shall include a comprehensive plan that contains—

3 ‘‘(A) a description of the hate crime or

4 conflict problems within the schools or the com5 munity targeted for assistance;

6 ‘‘(B) a description of the program to be

7 developed or augmented by such Federal and

8 matching funds;

9 ‘‘(C) assurances that such program or ac10 tivity shall be administered by or under the su11 pervision of the applicant;

12 ‘‘(D) proper and efficient administration of

13 such program; and

14 ‘‘(E) fiscal control and fund accounting

15 procedures as may be necessary to ensure pru16 dent use, proper disbursement, and accurate ac17 counting of funds received under this section.

18 ‘‘(c) AWARD OF GRANTS.—

19 ‘‘(1) SELECTION OF RECIPIENTS.—The Sec20 retary shall consider the incidence of crimes and

21 conflicts motivated by bias in the targeted schools

22 and communities in awarding grants under this sec23 tion.

24 ‘‘(2) GEOGRAPHIC DISTRIBUTION.—The Sec25 retary shall attempt, to the extent practicable, to
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1 achieve an equitable geographic distribution of grant

2 awards.

3 ‘‘(3) DISSEMINATION OF INFORMATION.—The

4 Secretary shall attempt, to the extent practicable, to

5 make available information regarding successful hate

6 crime prevention programs, including programs es7 tablished or expanded with grants under this section.

8 ‘‘(d) REPORTS.—The Secretary shall submit to the

9 Congress a report every two years which shall contain a

10 detailed statement regarding grants and awards, activities

11 of grant recipients, and an evaluation of programs estab12 lished under this section.

13 ‘‘Subpart 3—General Provisions

14 ‘‘SEC. 11131. DEFINITIONS.

15 ‘‘For the purposes of this part:

16 ‘‘(1) COMMUNITY-BASED ORGANIZATION.—The

17 term ‘community-based organization’ means a pri18 vate nonprofit organization which is representative

19 of a community or significant segments of a commu20 nity and which provides educational or related serv21 ices to individuals in the community.

22 ‘‘(2) DRUG AND VIOLENCE PREVENTION.—The

23 term ‘drug and violence prevention’ means—

24 ‘‘(A) with respect to drugs, prevention,

25 early intervention, rehabilitation referral, or
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1 education related to the illegal use of alcohol

2 and the use of controlled, illegal, addictive, or

3 harmful substances, including inhalants and an4 abolic steroids;

5 ‘‘(B) prevention, early intervention, smok6 ing cessation activities, or education, related to

7 the use of tobacco by children and youth eligible

8 for services under this title; and

9 ‘‘(C) with respect to violence, the pro10 motion of school safety, such that students and

11 school personnel are free from violent and dis12 ruptive acts, including sexual harassment and

13 abuse, and victimization associated with preju14 dice and intolerance, on school premises, going

15 to and from school, and at school-sponsored ac16 tivities, through the creation and maintenance

17 of a school environment that is free of weapons

18 and fosters individual responsibility and respect

19 for the rights of others.

20 ‘‘(3) HATE CRIME.—The term ‘hate crime’

21 means a crime as described in section 1(b) of the

22 Hate Crime Statistics Act of 1990.

23 ‘‘(4) NONPROFIT.—The term ‘nonprofit’, as ap24 plied to a school, agency, organization, or institution

25 means a school, agency, organization, or institution
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1 owned and operated by one or more nonprofit cor2 porations or associations, no part of the net earnings

3 of which inures, or may lawfully inure, to the benefit

4 of any private shareholder or individual.

5 ‘‘(5) SCHOOL-AGED POPULATION.—The term

6 ‘school-aged population’ means the population aged

7 five through 17, as determined by the Secretary on

8 the basis of the most recent satisfactory data avail9 able from the Department of Commerce.

10 ‘‘(6) SCHOOL PERSONNEL.—The term ‘school

11 personnel’ includes teachers, administrators, guid12 ance counselors, social workers, psychologists,

13 nurses, librarians, and other support staff who are

14 employed by a school or who perform services for the

15 school on a contractual basis.

16 ‘‘SEC. 11132. MATERIALS.

17 ‘‘(a) ‘WRONG AND HARMFUL’ MESSAGE.—Drug pre18 vention programs supported under this part shall convey

19 a clear and consistent message that the illegal use of alco20 hol and other drugs is wrong and harmful.

21 ‘‘(b) CURRICULUM.—The Secretary shall not pre22 scribe the use of specific curricula for programs supported

23 under this part, but may evaluate the effectiveness of such

24 curricula and other strategies in drug and violence preven25 tion.
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1 ‘‘SEC. 11133. PROHIBITED USES OF FUNDS.

2 ‘‘No funds under this part may be used for—

3 ‘‘(1) construction (except for minor remodeling

4 needed to accomplish the purposes of this part); and

5 ‘‘(2) medical services, drug treatment or reha6 bilitation, except for pupil services or referral to

7 treatment for students who are victims of or wit8 nesses to crime or who use alcohol, tobacco, or

9 drugs.

10 ‘‘SEC. 11134. QUALITY RATING.

11 ‘‘(a) IN GENERAL.—The chief executive officer of

12 each State, or in the case of a State in which the constitu13 tion or law of such State designates another individual,

14 entity, or agency in the State to be responsible for edu15 cation activities, such individual, entity, or agency, is au16 thorized and encouraged—

17 ‘‘(1) to establish a standard of quality for drug,

18 alcohol, and tobacco prevention programs imple19 mented in public elementary schools and secondary

20 schools in the State in accordance with subsection

21 (b); and

22 ‘‘(2) to identify and designate, upon application

23 by a public elementary school or secondary school,

24 any such school that achieves such standard as a

25 quality program school.
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1 ‘‘(b) CRITERIA.—The standard referred to in sub2 section (a) shall address, at a minimum—

3 ‘‘(1) a comparison of the rate of illegal use of

4 drugs, alcohol, and tobacco by students enrolled in

5 the school for a period of time to be determined by

6 the chief executive officer of the State;

7 ‘‘(2) the rate of suspensions or expulsions of

8 students enrolled in the school for drug, alcohol, or

9 tobacco-related offenses;

10 ‘‘(3) the effectiveness of the drug, alcohol, or

11 tobacco prevention program as proven by research;

12 ‘‘(4) the involvement of parents and community

13 members in the design of the drug, alcohol, and to14 bacco prevention program; and

15 ‘‘(5) the extent of review of existing community

16 drug, alcohol, and tobacco prevention programs be17 fore implementation of the public school program.

18 ‘‘(c) REQUEST FOR QUALITY PROGRAM SCHOOL

19 DESIGNATION.—A school that wishes to receive a quality

20 program school designation shall submit a request and

21 documentation of compliance with this section to the chief

22 executive officer of the State or the individual, entity, or

23 agency described in subsection (a), as the case may be.

24 ‘‘(d) PUBLIC NOTIFICATION.—Not less than once a

25 year, the chief executive officer of each State or the indi-
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1 vidual, entity, or agency described in subsection (a), as

2 the case may be, shall make available to the public a list

3 of the names of each public school in the State that has

4 received a quality program school designation in accord5 ance with this section.’’.

6 TITLE XI—PROGRAMS OF

7 NATIONAL SIGNIFICANCE

8 SEC. 1101. PROGRAMS OF NATIONAL SIGNIFICANCE.

9 Title XII (20 U.S.C. 8501 et seq.) is amended to read

10 as follows:

11 ‘‘TITLE XII—PROGRAMS OF

12 NATIONAL SIGNIFICANCE

13 ‘‘PART A—FUND FOR THE IMPROVEMENT OF

14 EDUCATION

15 ‘‘SEC. 12101. FUND FOR THE IMPROVEMENT OF EDU16 CATION.

17 ‘‘(a) FUND AUTHORIZED.—From funds appropriated

18 under subsection (d), the Secretary is authorized to sup19 port nationally significant programs and projects to im20 prove the quality of education, assist all students to meet

21 challenging State content standards and challenging State

22 student performance standards, and contribute to achieve23 ment of the National Education Goals. The Secretary is

24 authorized to carry out such programs and projects di25 rectly or through grants to, or contracts with, State and
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1 local educational agencies, institutions of higher edu2 cation, and other public and private agencies, organiza3 tions, and institutions.

4 ‘‘(b) USES OF FUNDS.—

5 ‘‘(1) IN GENERAL.—Funds under this section

6 may be used for—

7 ‘‘(A) activities that will promote systemic

8 education reform at the State and local levels,

9 such as—

10 ‘‘(i) research and development related

11 to challenging State content and chal12 lenging State student performance stand13 ards;

14 ‘‘(ii) the development and evaluation

15 of model strategies for—

16 ‘‘(I) assessment of student learn17 ing;

18 ‘‘(II) professional development

19 for teachers and administrators;

20 ‘‘(III) parent and community in21 volvement; and

22 ‘‘(IV) other aspects of systemic

23 reform;

24 ‘‘(iii) developing and evaluating strat25 egies for eliminating ability-grouping prac-
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1 tices, and developing policies and programs

2 that place all students on a college-pre3 paratory path of study, particularly in aca4 demic fields such as mathematics, science,

5 English, and social studies, including com6 prehensive inservice programs for teachers

7 and pupil services personnel and academic

8 enrichment programs that supplement reg9 ular courses for students;

10 ‘‘(iv) developing and evaluating pro11 grams that directly involve parents and

12 family members in the academic progress

13 of their children;

14 ‘‘(v) developing and evaluating strate15 gies for integrating instruction and assess16 ment such that teachers and administra17 tors can focus on what students should

18 know and be able to do at particular grade

19 levels, which instruction shall promote the

20 synthesis of knowledge, encourage the de21 velopment of problem-solving skills drawing

22 on a vast range of disciplines, and promote

23 the development of higher order thinking

24 by all students; and
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1 ‘‘(vi) developing and evaluating strate2 gies for supporting professional develop3 ment for teachers across all disciplines and

4 for pupil services personnel, guidance coun5 selors, and administrators, including in6 service training that improves the skills of

7 pupil services personnel, counselors and

8 administrators for working with students

9 from diverse populations;

10 ‘‘(B) demonstrations at the State and local

11 levels that are designed to yield nationally sig12 nificant results, including approaches to public

13 school choice and school-based decisionmaking;

14 ‘‘(C) joint activities with other agencies to

15 assist the effort to achieve the National Edu16 cation Goals, including activities related to im17 proving the transition from preschool to school

18 and from school to work, as well as activities

19 related to the integration of education and

20 health and social services;

21 ‘‘(D) activities to promote and evaluate

22 counseling and mentoring for students, includ23 ing intergenerational mentoring;

24 ‘‘(E) activities to promote and evaluate co25 ordinated pupil services programs;
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1 ‘‘(F) activities to promote comprehensive

2 health education;

3 ‘‘(G) activities to promote environmental

4 education;

5 ‘‘(H) activities to promote consumer, eco6 nomic, and personal finance education, such as

7 saving, investing, and entrepreneurial edu8 cation;

9 ‘‘(I) activities to promote programs to as10 sist students to demonstrate competence in for11 eign languages;

12 ‘‘(J) studies and evaluation of various edu13 cation reform strategies and innovations being

14 pursued by the Federal Government, States,

15 and local educational agencies;

16 ‘‘(K) activities to promote metric edu17 cation;

18 ‘‘(L) the identification and recognition of

19 exemplary schools and programs, such as Blue

20 Ribbon Schools;

21 ‘‘(M) programs designed to promote gen22 der equity in education by evaluating and elimi23 nating gender bias in instruction and edu24 cational materials, identifying, and analyzing

25 gender inequities in educational practices, and
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1 implementing and evaluating educational poli2 cies and practices designed to achieve gender

3 equity;

4 ‘‘(N) programs designed to reduce exces5 sive student mobility, retain students who move

6 within a school district at the same school, edu7 cate parents about the effect of mobility on a

8 child’s education and encourage parents to par9 ticipate in school activities;

10 ‘‘(O) experiential-based learning, such as

11 service-learning;

12 ‘‘(P) the development and expansion of

13 public-private partnership programs which ex14 tend the learning experience, via computers, be15 yond the classroom environment into student

16 homes through such programs as the Buddy

17 System Computer Project;

18 ‘‘(Q) other programs and projects that

19 meet the purposes of this section;

20 ‘‘(R) activities to promote child abuse edu21 cation and prevention programs;

22 ‘‘(S) activities to raise standards and ex23 pectations for academic achievement among all

24 students, especially disadvantaged students tra25 ditionally underserved in schools;
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1 ‘‘(T) activities to provide the academic

2 support, enrichment and motivation to enable

3 all students to reach such standards;

4 ‘‘(U) demonstrations relating to the plan5 ning and evaluations of the effectiveness of

6 projects under which local educational agencies

7 or schools contract with private management

8 organizations to reform a school or schools;

9 ‘‘(V) demonstrations that are designed to

10 test whether prenatal and counseling provided

11 to pregnant students may have a positive effect

12 on pregnancy outcomes, with such education

13 and counseling emphasizing the importance of

14 prenatal care, the value of sound diet and nutri15 tion habits, and the harmful effects of smoking,

16 alcohol, and substance abuse on fetal develop17 ment;

18 ‘‘(W) programs under section 12102;

19 ‘‘(X) programs under section 12103;

20 ‘‘(Y) programs under section 12104; and

21 ‘‘(Z) programs under section 12105;

22 ‘‘(2) ADDITIONAL USES.—The Secretary may

23 also use funds under this section to complete the

24 project periods for direct grants or contracts award25 ed under the provisions of this Act, the Fund for the
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1 Improvement and Reform of Schools and Teaching

2 Act, or title III of the Education for Economic Secu3 rity Act, as such Acts were in effect on the day pre4 ceding the date of the enactment of the Improving

5 America’s Schools Act of 1994.

6 ‘‘(3) SPECIAL RULE.—The Secretary shall not

7 make available more than $1,000,000 to carry out

8 paragraph (1)(R), nor more than $1,000,000 to

9 carry out paragraph (1)(V) during the period begin10 ning on October 1, 2002, through September 30,

11 2007.

12 ‘‘(c) AWARDS.—

13 ‘‘(1) IN GENERAL.—The Secretary may—

14 ‘‘(A) make awards under this section on

15 the basis of competitions announced by the Sec16 retary; and

17 ‘‘(B) support meritorious unsolicited pro18 posals.

19 ‘‘(2) SPECIAL RULE.—The Secretary shall en20 sure that programs, projects, and activities sup21 ported under this section are designed so that the ef22 fectiveness of such programs, projects, and activities

23 is readily ascertainable.

24 ‘‘(3) PEER REVIEW.—The Secretary shall use a

25 peer review process in reviewing applications for as-
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1 sistance under this section and may use funds ap2 propriated under subsection (d) for the cost of such

3 peer review.

4 ‘‘(d) AUTHORIZATION.—For the purpose of carrying

5 out this section, there are authorized to be appropriated

6 $250,000,000 for fiscal year 2002 and such sums as may

7 be necessary for each of the four succeeding fiscal years.

8 ‘‘SEC. 12102. ELEMENTARY SCHOOL COUNSELING DEM9 ONSTRATION.

10 ‘‘(a) COUNSELING DEMONSTRATION.—

11 ‘‘(1) IN GENERAL.—The Secretary may award

12 grants under this section to establish or expand ele13 mentary school counseling programs.

14 ‘‘(2) PRIORITY.—In awarding grants under this

15 section, the Secretary shall give special consideration

16 to applications describing programs that—

17 ‘‘(A) demonstrate the greatest need for

18 new or additional counseling services among the

19 children in the elementary schools served by the

20 applicant;

21 ‘‘(B) propose the most promising and inno22 vative approaches for initiating or expanding el23 ementary school counseling; and

24 ‘‘(C) show the greatest potential for rep25 lication and dissemination.
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1 ‘‘(3) EQUITABLE DISTRIBUTION.—In awarding

2 grants under this section, the Secretary shall ensure

3 an equitable geographic distribution among the re4 gions of the United States and among urban, subur5 ban, and rural areas.

6 ‘‘(4) DURATION.—A grant under this section

7 shall be awarded for a period not to exceed three

8 years.

9 ‘‘(5) MAXIMUM GRANT.—A grant under this

10 section shall not exceed $400,000 for any fiscal year.

11 ‘‘(b) APPLICATIONS.—

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

13 agency desiring a grant under this section shall sub14 mit an application to the Secretary at such time, in

15 such manner, and accompanied by such information

16 as the Secretary may reasonably require.

17 ‘‘(2) CONTENTS.—Each application for a grant

18 under this section shall—

19 ‘‘(A) describe the elementary school popu20 lation to be targeted by the program, the par21 ticular personal, social, emotional, educational,

22 and career development needs of such popu23 lation, and the current school counseling re24 sources available for meeting such needs;
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1 ‘‘(B) describe the activities, services, and

2 training to be provided by the program and the

3 specific approaches to be used to meet the

4 needs described in subparagraph (A);

5 ‘‘(C) describe the methods to be used to

6 evaluate the outcomes and effectiveness of the

7 program;

8 ‘‘(D) describe the collaborative efforts to

9 be undertaken with institutions of higher edu10 cation, businesses, labor organizations, commu11 nity groups, social service agencies, and other

12 public or private entities to enhance the pro13 gram and promote school-linked services inte14 gration;

15 ‘‘(E) describe collaborative efforts with in16 stitutions of higher education which specifically

17 seek to enhance or improve graduate programs

18 specializing in the preparation of elementary

19 school counselors, school psychologists, and

20 school social workers;

21 ‘‘(F) document that the applicant has the

22 personnel qualified to develop, implement, and

23 administer the program;
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1 ‘‘(G) describe how any diverse cultural

2 populations, if applicable, would be served

3 through the program;

4 ‘‘(H) assure that the funds made available

5 under this part for any fiscal year will be used

6 to supplement and, to the extent practicable, in7 crease the level of funds that would otherwise

8 be available from non-Federal sources for the

9 program described in the application, and in no

10 case supplant such funds from non-Federal

11 sources; and

12 ‘‘(I) assure that the applicant will appoint

13 an advisory board composed of parents, school

14 counselors, school psychologists, school social

15 workers, other pupil services personnel, teach16 ers, school administrators, and community lead17 ers to advise the local educational agency on the

18 design and implementation of the program.

19 ‘‘(c) USE OF FUNDS.—

20 ‘‘(1) IN GENERAL.—Grant funds under this sec21 tion shall be used to initiate or expand elementary

22 school counseling programs that comply with the re23 quirements in paragraph (2).

24 ‘‘(2) PROGRAM REQUIREMENTS.—Each pro25 gram assisted under this section shall—
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1 ‘‘(A) be comprehensive in addressing the

2 personal, social, emotional, and educational

3 needs of all students;

4 ‘‘(B) use a developmental, preventive ap5 proach to counseling;

6 ‘‘(C) increase the range, availability, quan7 tity, and quality of counseling services in the el8 ementary schools of the local educational agen9 cy;

10 ‘‘(D) expand counseling services only

11 through qualified school counselors, school psy12 chologists, and school social workers;

13 ‘‘(E) use innovative approaches to increase

14 children’s understanding of peer and family re15 lationships, work and self, decisionmaking, aca16 demic and career planning, or to improve social

17 functioning;

18 ‘‘(F) provide counseling services that are

19 well-balanced among classroom group and small

20 group counseling, individual counseling, and

21 consultation with parents, teachers, administra22 tors, and other pupil services personnel;

23 ‘‘(G) include inservice training for school

24 counselors, school social workers, school psy-
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1 chologists, other pupil services personnel, teach2 ers, and instructional staff;

3 ‘‘(H) involve parents of participating stu4 dents in the design, implementation, and eval5 uation of a counseling program;

6 ‘‘(I) involve collaborative efforts with insti7 tutions of higher education, businesses, labor

8 organizations, community groups, social service

9 agencies, or other public or private entities to

10 enhance the program and promote school-linked

11 services integration; and

12 ‘‘(J) evaluate annually the effectiveness

13 and outcomes of the counseling services and ac14 tivities assisted under this section.

15 ‘‘(3) REPORT.—The Secretary shall issue a re16 port evaluating the programs assisted pursuant to

17 each grant under this subsection at the end of each

18 grant period in accordance with section 14701, but

19 in no case later than January 30, 2005.

20 ‘‘(4) DISSEMINATION.—The Secretary shall

21 make the programs assisted under this section avail22 able for dissemination, either through the National

23 Diffusion Network or other appropriate means.

24 ‘‘(5) LIMIT ON ADMINISTRATION.—Not more

25 than five percent of the amounts made available
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1 under this section in any fiscal year shall be used

2 for administrative costs to carry out this section.

3 ‘‘(d) DEFINITIONS.—For purposes of this section—

4 ‘‘(1) the term ‘school counselor’ means an indi5 vidual who has documented competence in coun6 seling children and adolescents in a school setting

7 and who—

8 ‘‘(A) possesses State licensure or certifi9 cation granted by an independent professional

10 regulatory authority;

11 ‘‘(B) in the absence of such State licensure

12 or certification, possesses national certification

13 in school counseling or a specialty of counseling

14 granted by an independent professional organi15 zation; or

16 ‘‘(C) holds a minimum of a master’s de17 gree in school counseling from a program ac18 credited by the Council for Accreditation of

19 Counseling and Related Educational Programs

20 or the equivalent;

21 ‘‘(2) the term ‘school psychologist’ means an in22 dividual who—

23 ‘‘(A) possesses a minimum of 60 graduate

24 semester hours in school psychology from an in25 stitution of higher education and has completed
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1 1,200 clock hours in a supervised school psy2 chology internship, of which 600 hours shall be

3 in the school setting;

4 ‘‘(B) possesses State licensure or certifi5 cation in the State in which the individual

6 works; or

7 ‘‘(C) in the absence of such State licensure

8 or certification, possesses national certification

9 by the National School Psychology Certification

10 Board;

11 ‘‘(3) the term ‘school social worker’ means an

12 individual who holds a master’s degree in social

13 work and is licensed or certified by the State in

14 which services are provided or holds a school social

15 work specialist credential; and

16 ‘‘(4) the term ‘supervisor’ means an individual

17 who has the equivalent number of years of profes18 sional experience in such individual’s respective dis19 cipline as is required of teaching experience for the

20 supervisor or administrative credential in the State

21 of such individual.

22 ‘‘SEC. 12103. PARTNERSHIPS IN CHARACTER EDUCATION

23 PILOT PROJECT.

24 ‘‘(a) PROGRAM AUTHORIZED.—
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1 ‘‘(1) IN GENERAL.—The Secretary is authorized

2 to make up to a total of ten grants annually to part3 nerships of State educational agencies and local edu4 cational agencies for the design and implementation

5 of character education programs that incorporate

6 the elements of character listed in subsection (d), as

7 well as other character elements identified by appli8 cants.

9 ‘‘(2) MAXIMUM AMOUNT OF GRANT.—No State

10 educational agency shall receive more than a total of

11 $1,000,000 in grants under this part.

12 ‘‘(3) DURATION.—Each grant under this sec13 tion shall be awarded for a period not to exceed five

14 years, of which the State educational agency shall

15 not use more than one year for planning and pro16 gram design.

17 ‘‘(b) STATE EDUCATIONAL AGENCY APPLICA18 TIONS.—

19 ‘‘(1) REQUIREMENT.—Each State educational

20 agency desiring a grant under this section shall sub21 mit an application to the Secretary at such time and

22 in such manner as the Secretary may require.

23 ‘‘(2) PARTNERSHIPS.—Each State educational

24 agency desiring a grant under this section shall form

25 a partnership with at least one local educational
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1 agency to be eligible for funding. The partnership

2 shall pursue State and local initiatives to meet the

3 objectives of this section.

4 ‘‘(3) APPLICATION.—Each application under

5 this section shall include—

6 ‘‘(A) a list of the local educational agencies

7 entering into the partnership with the State

8 educational agency;

9 ‘‘(B) a description of the goals of the part10 nership;

11 ‘‘(C) a description of activities that will be

12 pursued by the participating local educational

13 agencies, including—

14 ‘‘(i) how parents, students, and other

15 members of the community, including

16 members of private and nonprofit organi17 zations, will be involved in the design and

18 implementation of the program;

19 ‘‘(ii) curriculum and instructional

20 practices;

21 ‘‘(iii) methods of teacher training and

22 parent education that will be used or devel23 oped; and

24 ‘‘(iv) examples of activities that will

25 be carried out under this part;
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1 ‘‘(D) a description of how the State edu2 cational agency will provide technical and pro3 fessional assistance to its local educational

4 agency partners in the development and imple5 mentation of character education programs;

6 ‘‘(E) a description of how the State edu7 cational agency will evaluate the success of local

8 programs and how local educational agencies

9 will evaluate the progress of their own pro10 grams;

11 ‘‘(F) a description of how the State edu12 cational agency will assist other interested local

13 educational agencies that are not members of

14 the original partnership in designing and estab15 lishing programs;

16 ‘‘(G) a description of how the State edu17 cational agency will establish a clearinghouse

18 for information on model programs, materials,

19 and other information the State and local edu20 cational agencies determine to be appropriate;

21 ‘‘(H) an assurance that the State edu22 cational agency will annually provide to the Sec23 retary such information as may be required to

24 determine the effectiveness of the program; and
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1 ‘‘(I) any other information that the Sec2 retary may require.

3 ‘‘(4) NON-PARTNER LOCAL EDUCATIONAL

4 AGENCIES.—Any local educational agency that was

5 not a partner with the State when the application

6 was submitted may become a partner by submitting

7 an application for partnership to the State edu8 cational agency, containing such information that

9 the State educational agency may require.

10 ‘‘(c) EVALUATION AND PROGRAM DEVELOPMENT.—

11 ‘‘(1) REQUIREMENT.—Each State educational

12 agency receiving a grant under this section shall

13 submit to the Secretary a comprehensive evaluation

14 of the program assisted under this part, including

15 the impact on students, teachers, administrators,

16 parents, and others—

17 ‘‘(A) by the mid-term of the program; and

18 ‘‘(B) not later than one year after comple19 tion of such program.

20 ‘‘(2) CONTRACTS FOR EVALUATION.—Each

21 State educational agency receiving a grant under

22 this section may contract with outside sources, in23 cluding institutions of higher education, and private

24 and nonprofit organizations, for purposes of evalu25 ating their program and measuring the success of
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1 the program toward fostering in students the ele2 ments of character listed in subsection (b).

3 ‘‘(3) FACTORS.—Factors which may be consid4 ered in evaluating the success of the program may

5 include—

6 ‘‘(A) discipline problems;

7 ‘‘(B) students’ grades;

8 ‘‘(C) participation in extracurricular activi9 ties;

10 ‘‘(D) parental and community involvement;

11 ‘‘(E) faculty and administration involve12 ment; and

13 ‘‘(F) student and staff morale.

14 ‘‘(4) MATERIALS AND PROGRAM DEVELOP15 MENT.—Local educational agencies, after consulting

16 with the State educational agency, may contract

17 with outside sources, including institutions of higher

18 education, and private and nonprofit organizations,

19 for assistance in developing curriculum, materials,

20 teacher training, and other activities related to char21 acter education.

22 ‘‘(d) ELEMENTS OF CHARACTER.—

23 ‘‘(1) IN GENERAL.—Applicants desiring funding

24 under this part shall develop character education
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1 programs that incorporate the following elements of

2 character:

3 ‘‘(A) Caring.

4 ‘‘(B) Civic virtue and citizenship.

5 ‘‘(C) Justice and fairness.

6 ‘‘(D) Respect.

7 ‘‘(E) Responsibility.

8 ‘‘(F) Trustworthiness.

9 ‘‘(G) Any other elements deemed appro10 priate by the members of the partnership.

11 ‘‘(2) ADDITIONAL ELEMENTS OF CHARACTER.—

12 A local educational agency participating under this

13 section may, after consultation with schools and

14 communities of such agency, define additional ele15 ments of character that the agency determines to be

16 important to the schools and communities of such

17 agency.

18 ‘‘(e) USE OF FUNDS.—Of the total funds received by

19 a State educational agency in any fiscal year under this

20 section—

21 ‘‘(1) not more than 30 percent of such funds

22 may be retained by the State educational agency, of

23 which—
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1 ‘‘(A) not more than 10 percent of such

2 funds may be used for administrative purposes;

3 and

4 ‘‘(B) the remainder of such funds may be

5 used for—

6 ‘‘(i) collaborative initiatives with local

7 educational agencies;

8 ‘‘(ii) the establishment of the clearing9 house, preparation of materials, teacher

10 training; and

11 ‘‘(iii) other appropriate activities; and

12 ‘‘(2) the remaining of such funds shall be used

13 to award subgrants to local educational agencies, of

14 which—

15 ‘‘(A) not more than 10 percent of such

16 funds may be retained for administrative pur17 poses; and

18 ‘‘(B) the remainder of such funds may be

19 used to—

20 ‘‘(i) award subgrants to schools within

21 the local educational agency; and

22 ‘‘(ii) pursue collaborative efforts with

23 the State educational agency.

24 ‘‘(f) SELECTION OF GRANTEES.—
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1 ‘‘(1) CRITERIA.—The Secretary shall select,

2 through peer review, partnerships to receive grants

3 under this section on the basis of the quality of the

4 applications submitted under subsection (b), taking

5 into consideration such factors as—

6 ‘‘(A) the quality of the activities proposed

7 by local educational agencies;

8 ‘‘(B) the extent to which the program fos9 ters in students the elements of character;

10 ‘‘(C) the extent of parental, student, and

11 community involvement;

12 ‘‘(D) the number of local educational agen13 cies involved in the effort;

14 ‘‘(E) the quality of the plan for measuring

15 and assessing success; and

16 ‘‘(F) the likelihood that the goals of the

17 program will be realistically achieved.

18 ‘‘(2) DIVERSITY OF PROJECTS.—The Secretary

19 shall approve applications under this section in a

20 manner that ensures, to the extent practicable, that

21 programs assisted under this section—

22 ‘‘(A) serve different areas of the Nation,

23 including urban, suburban, and rural areas; and
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1 ‘‘(B) serve schools that serve minorities,

2 Native Americans, students of limited-English

3 proficiency, and disadvantaged students.

4 ‘‘SEC. 12104. PROMOTING SCHOLAR-ATHLETE COMPETI5 TIONS.

6 ‘‘(a) IN GENERAL.—The Secretary is authorized to

7 award a grant to a nonprofit organization to reimburse

8 such organizations for the costs of conducting scholar-ath9 lete games.

10 ‘‘(b) PRIORITY.—In awarding the grant under sub11 section (a), the Secretary shall give priority to a nonprofit

12 organization that—

13 ‘‘(1) is described in section 501(c)(3) of, and

14 exempt from taxation under section 501(a) of, the

15 Internal Revenue Code of 1986, and is affiliated

16 with a university capable of hosting a large edu17 cational, cultural, and athletic event that will serve

18 as a national model;

19 ‘‘(2) has the capability and experience in ad20 ministering federally funded scholar-athlete games;

21 ‘‘(3) has the ability to provide matching funds,

22 on a dollar-for-dollar basis, from foundations and

23 the private sector for the purpose of conducting a

24 scholar-athlete program;
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1 ‘‘(4) has the organizational structure and capa2 bility to administer a model scholar-athlete program;

3 ‘‘(5) has the organizational structure and exper4 tise to replicate the scholar-athlete program in var5 ious venues throughout the United States inter6 nationally; and

7 ‘‘(6) has plans for conducting scholar-athlete

8 games without Federal assistance.

9 ‘‘SEC. 12105. SMALLER LEARNING COMMUNITIES.

10 ‘‘(a) IN GENERAL.—Each local educational agency

11 desiring a grant under this section shall submit an appli12 cation to the Secretary at such time, in such manner, and

13 accompanied by such information as the Secretary may

14 require. Each such application shall describe—

15 ‘‘(1) strategies and methods the applicant will

16 use to create the smaller learning community or

17 communities;

18 ‘‘(2) curriculum and instructional practices, in19 cluding any particular themes or emphases, to be

20 used in the learning environment;

21 ‘‘(3) the extent of involvement of teachers and

22 other school personnel in investigating, designing,

23 implementing and sustaining the smaller learning

24 community or communities;
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1 ‘‘(4) the process to be used for involving stu2 dents, parents and other stakeholders in the develop3 ment and implementation of the smaller learning

4 community or communities;

5 ‘‘(5) any cooperation or collaboration among

6 community agencies, organizations, businesses, and

7 others to develop or implement a plan to create the

8 smaller learning community or communities;

9 ‘‘(6) the training and professional development

10 activities that will be offered to teachers and others

11 involved in the activities assisted under this part;

12 ‘‘(7) the goals and objectives of the activities

13 assisted under this part, including a description of

14 how such activities will better enable all students to

15 reach challenging State content standards and State

16 student performance standards;

17 ‘‘(8) the methods by which the applicant will

18 assess progress in meeting such goals and objectives;

19 ‘‘(9) if the smaller learning community or com20 munities exist as a school-within-a-school, the rela21 tionship, including governance and administration,

22 of the smaller learning community to the rest of the

23 school;

24 ‘‘(10) a description of the administrative and

25 managerial relationship between the local edu-
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1 cational agency and the smaller learning community

2 or communities, including how such agency will dem3 onstrate a commitment to the continuity of the

4 smaller learning community or communities, includ5 ing the continuity of student and teacher assignment

6 to a particular learning community;

7 ‘‘(11) how the applicant will coordinate or use

8 funds provided under this part with other funds pro9 vided under this Act or other Federal laws;

10 ‘‘(12) grade levels or ages of students who will

11 participate in the smaller learning community or

12 communities; and

13 ‘‘(13) the method of placing students in the

14 smaller learning community or communities, such

15 that students are not placed according to ability,

16 performance or any other measure, so that students

17 are placed at random or by their own choice, not

18 pursuant to testing or other judgments.

19 ‘‘(b) AUTHORIZED ACTIVITIES.—Funds under this

20 section may be used—

21 ‘‘(1) to study the feasibility of creating the

22 smaller learning community or communities as well

23 as effective and innovative organizational and in24 structional strategies that will be used in the smaller

25 learning community or communities;
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1 ‘‘(2) to research, develop and implement strate2 gies for creating the smaller learning community or

3 communities, as well as effective and innovative

4 changes in curriculum and instruction, geared to

5 high State content standards and State student per6 formance standards;

7 ‘‘(3) to provide professional development for

8 school staff in innovative teaching methods that

9 challenge and engage students to be used in the

10 smaller learning community or communities; and

11 ‘‘(4) to develop and implement strategies to in12 clude parents, business representatives, local institu13 tions of higher education, community-based organi14 zations, and other community members in the small15 er learning communities, as facilitators of activities

16 that enable teachers to participate in professional

17 development activities, as well as to provide links be18 tween students and their community.

19 ‘‘SEC. 12106. NATIONAL STUDENT AND PARENT MOCK ELEC20 TION.

21 ‘‘(a) IN GENERAL.—The Secretary is authorized to

22 award grants to national nonprofit, nonpartisan organiza23 tions that work to promote voter participation in American

24 elections to enable such organizations to carry out voter
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1 education activities for students and their parents. Such

2 activities shall—

3 ‘‘(1) be limited to simulated national elections

4 that permit participation by students and parents

5 from all 50 States in the United States; and

6 ‘‘(2) consist of—

7 ‘‘(A) school forums and local cable call-in

8 shows on the national issues to be voted upon

9 in an ‘issue forum’;

10 ‘‘(B) speeches and debates before students

11 and parents by local candidates or stand-ins for

12 such candidates;

13 ‘‘(C) quiz team competitions, mock press

14 conferences and speechwriting competitions;

15 ‘‘(D) weekly meetings to follow the course

16 of the campaign; or

17 ‘‘(E) school and neighborhood campaigns

18 to increase voter turnout, including newsletters,

19 posters, telephone chains, and transportation.

20 ‘‘(b) REQUIREMENT.—Each organization receiving a

21 grant under this section shall present awards to out22 standing student and parent mock election projects.

23 ‘‘SEC. 12107. MODEL PROJECTS.

24 ‘‘(a) PROGRAM AUTHORIZED.—The Secretary is au25 thorized to award grants to cultural institutions to enable
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1 such institutions to develop and expand model projects of

2 outreach activities for at-risk children in the communities

3 served by such institutions, including activities which inte4 grate such institution’s cultural programming with other

5 disciplines, including environmental, mathematics, and

6 science programs.

7 ‘‘(b) PRIORITY.—In awarding grants under this sec8 tion the Secretary shall give priority to activities that are

9 part of an overall State, local, and private commitment,

10 seek to improve learning for at-risk youth, and are sub11 stantially funded by State, local, or private funds.

12 ‘‘PART B—GIFTED AND TALENTED CHILDREN

13 ‘‘SEC. 12201. SHORT TITLE.

14 ‘‘This part may be cited as the ‘Jacob K. Javits Gift15 ed and Talented Students Education Act of 2000’.

16 ‘‘SEC. 12202. FINDINGS AND PURPOSES.

17 ‘‘(a) FINDINGS.—The Congress finds and declares

18 that—

19 ‘‘(1) all students can learn to high standards

20 and must develop their talents and realize their po21 tential if the United States is to prosper;

22 ‘‘(2) gifted and talented students are a national

23 resource vital to the future of the Nation and its se24 curity and well-being;
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1 ‘‘(3) too often schools fail to challenge students

2 to do their best work, and students who are not

3 challenged will not learn to challenging State content

4 standards and challenging State student perform5 ance standards, fully develop their talents, and real6 ize their potential;

7 ‘‘(4) unless the special abilities of gifted and

8 talented students are recognized and developed dur9 ing such students’ elementary and secondary school

10 years, much of such students’ special potential for

11 contributing to the national interest is likely to be

12 lost;

13 ‘‘(5) gifted and talented students from economi14 cally disadvantaged families and areas, and students

15 of limited-English proficiency are at greatest risk of

16 being unrecognized and of not being provided ade17 quate or appropriate educational services;

18 ‘‘(6) State and local educational agencies and

19 private nonprofit schools often lack the necessary

20 specialized resources to plan and implement effective

21 programs for the early identification of gifted and

22 talented students and for the provision of edu23 cational services and programs appropriate to their

24 special needs;
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1 ‘‘(7) the Federal Government can best carry out

2 the limited but essential role of stimulating research

3 and development and personnel training and pro4 viding a national focal point of information and

5 technical assistance that is necessary to ensure that

6 the Nation’s schools are able to meet the special

7 educational needs of gifted and talented students,

8 and thereby serve a profound national interest; and

9 ‘‘(8) the experience and knowledge gained in

10 developing and implementing programs for gifted

11 and talented students can and should be used as a

12 basis to—

13 ‘‘(A) develop a rich and challenging cur14 riculum for all students; and

15 ‘‘(B) provide all students with important

16 and challenging subject matter to study and en17 courage the habits of hard work.

18 ‘‘(b) STATEMENT OF PURPOSE.—It is the purpose of

19 this part—

20 ‘‘(1) to provide financial assistance to State and

21 local educational agencies, institutions of higher edu22 cation, and other public and private agencies and or23 ganizations, to initiate a coordinated program of re24 search, demonstration projects, personnel training,

25 and similar activities designed to build a nationwide
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1 capability in elementary and secondary schools to

2 meet the special educational needs of gifted and tal3 ented students;

4 ‘‘(2) to encourage the development of rich and

5 challenging curricula for all students through the

6 appropriate application and adaptation of materials

7 and instructional methods developed under this part;

8 and

9 ‘‘(3) to supplement and make more effective the

10 expenditure of State and local funds, for the edu11 cation of gifted and talented students.

12 ‘‘SEC. 12203. CONSTRUCTION.

13 ‘‘Nothing in this part shall be construed to prohibit

14 a recipient of funds under this part from serving gifted

15 and talented students simultaneously with students with

16 similar educational needs, in the same educational settings

17 where appropriate.

18 ‘‘SEC. 12204. AUTHORIZED PROGRAMS.

19 ‘‘(a) ESTABLISHMENT OF PROGRAM.—

20 ‘‘(1) IN GENERAL.—From the sums appro21 priated under section 12207 in any fiscal year the

22 Secretary (after consultation with experts in the

23 field of the education of gifted and talented stu24 dents) shall make grants to or enter into contracts

25 with State educational agencies, local educational
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1 agencies, institutions of higher education, or other

2 public agencies and private agencies and organiza3 tions (including Indian tribes and Indian organiza4 tions (as such terms are defined by the Indian Self5 Determination and Education Assistance Act) and

6 Native Hawaiian organizations) to assist such agen7 cies, institutions, and organizations which submit

8 applications in carrying out programs or projects au9 thorized by this part that are designed to meet the

10 educational needs of gifted and talented students, in11 cluding the training of personnel in the education

12 of gifted and talented students and in the use, where

13 appropriate, of gifted and talented services, mate14 rials, and methods for all students.

15 ‘‘(2) APPLICATION.—Each entity desiring as16 sistance under this part shall submit an application

17 to the Secretary at such time, in such manner, and

18 containing such information as the Secretary may

19 reasonably require. Each such application shall de20 scribe how—

21 ‘‘(A) the proposed gifted and talented serv22 ices, materials, and methods can be adapted, if

23 appropriate, for use by all students; and

24 ‘‘(B) the proposed programs can be evalu25 ated.
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1 ‘‘(b) USES OF FUNDS.—Programs and projects as2 sisted under this section may include—

3 ‘‘(1) professional development (including fellow4 ships) for personnel (including leadership personnel)

5 involved in the education of gifted and talented stu6 dents;

7 ‘‘(2) establishment and operation of model

8 projects and exemplary programs for serving gifted

9 and talented students, including innovative methods

10 for identifying and educating students who may not

11 be served by traditional gifted and talented pro12 grams, summer programs, mentoring programs,

13 service learning programs, and cooperative programs

14 involving business, industry, and education;

15 ‘‘(3) training of personnel and parents involved

16 in gifted and talented programs with respect to the

17 impact of gender role socialization on the edu18 cational needs of gifted and talented children and in

19 gender equitable education methods, techniques and

20 practices;

21 ‘‘(4) implementing innovative strategies, such

22 as cooperative learning, peer tutoring and service

23 learning;

24 ‘‘(5) strengthening the capability of State edu25 cational agencies and institutions of higher edu-
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1 cation to provide leadership and assistance to local

2 educational agencies and nonprofit private schools in

3 the planning, operation, and improvement of pro4 grams for the identification and education of gifted

5 and talented students and the appropriate use of

6 gifted and talented programs and methods to serve

7 all students;

8 ‘‘(6) programs of technical assistance and infor9 mation dissemination, including how gifted and tal10 ented programs and methods, where appropriate,

11 may be adapted for use by all students; and

12 ‘‘(7) carrying out—

13 ‘‘(A) research on methods and techniques

14 for identifying and teaching gifted and talented

15 students, and for using gifted and talented pro16 grams and methods to serve all students; and

17 ‘‘(B) program evaluations, surveys, and the

18 collection, analysis, and development of infor19 mation needed to accomplish the purposes of

20 this part.

21 ‘‘(c) ESTABLISHMENT OF NATIONAL CENTER.—

22 ‘‘(1) IN GENERAL.—The Secretary (after con23 sultation with experts in the field of the education

24 of gifted and talented students) shall establish a Na25 tional Center for Research and Development in the
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1 Education of Gifted and Talented Children and

2 Youth through grants to or contracts with one or

3 more institutions of higher education or State edu4 cational agency, or a combination or consortium of

5 such institutions and agencies, for the purpose of

6 carrying out activities described in paragraph (7) of

7 subsection (b).

8 ‘‘(2) DIRECTOR.—Such National Center shall

9 have a Director. The Secretary may authorize the

10 Director to carry out such functions of the National

11 Center as may be agreed upon through arrange12 ments with other institutions of higher education,

13 State or local educational agencies, or other public

14 or private agencies and organizations.

15 ‘‘(d) LIMITATION.—Not more than 30 percent of the

16 funds available in any fiscal year to carry out the pro17 grams and projects authorized by this section may be used

18 to conduct activities pursuant to subsection (b)(7) or (c).

19 ‘‘(e) COORDINATION.—Research activities supported

20 under this section—

21 ‘‘(1) shall be carried out in consultation with

22 the Office of Educational Research and Improve23 ment to ensure that such activities are coordinated

24 with and enhance the research and development ac25 tivities supported by such Office; and
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1 ‘‘(2) may include collaborative research activi2 ties which are jointly funded and carried out with

3 such Office.

4 ‘‘SEC. 12205. PROGRAM PRIORITIES.

5 ‘‘(a) GENERAL PRIORITY.—In the administration of

6 this part the Secretary shall give highest priority—

7 ‘‘(1) to the identification of and the provision of

8 services to gifted and talented students who may not

9 be identified and served through traditional assess10 ment methods (including economically disadvantaged

11 individuals, individuals of limited-English pro12 ficiency, and individuals with disabilities); and

13 ‘‘(2) to programs and projects designed to de14 velop or improve the capability of schools in an en15 tire State or region of the Nation through coopera16 tive efforts and participation of State and local edu17 cational agencies, institutions of higher education,

18 and other public and private agencies and organiza19 tions (including business, industry, and labor), to

20 plan, conduct, and improve programs for the identi21 fication of and service to gifted and talented stu22 dents, such as mentoring and apprenticeship pro23 grams.

24 ‘‘(b) SERVICE PRIORITY.—In approving applications

25 for assistance under section 12204(a)(2), the Secretary
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1 shall assure that in each fiscal year at least one-half of

2 the applications approved under such section address the

3 priority described in subsection (a)(1).

4 ‘‘SEC. 12206. GENERAL PROVISIONS.

5 ‘‘(a) PARTICIPATION OF PRIVATE SCHOOL CHILDREN

6 AND TEACHERS.—In making grants and entering into

7 contracts under this part, the Secretary shall ensure,

8 where appropriate, that provision is made for the equitable

9 participation of students and teachers in private nonprofit

10 elementary and secondary schools, including the participa11 tion of teachers and other personnel in professional devel12 opment programs serving such children.

13 ‘‘(b) REVIEW, DISSEMINATION, AND EVALUATION.—

14 The Secretary shall—

15 ‘‘(1) use a peer review process in reviewing ap16 plications under this part;

17 ‘‘(2) ensure that information on the activities

18 and results of programs and projects funded under

19 this part is disseminated to appropriate State and

20 local agencies and other appropriate organizations,

21 including nonprofit private organizations; and

22 ‘‘(3) evaluate the effectiveness of programs

23 under this part in accordance with section 14701,

24 both in terms of the impact on students traditionally

25 served in separate gifted and talented programs and
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1 on other students, and submit the results of such

2 evaluation to Congress not later than January 1,

3 2005.

4 ‘‘(c) PROGRAM OPERATIONS.—The Secretary shall

5 ensure that the programs under this part are administered

6 within the Department by a person who has recognized

7 professional qualifications and experience in the field of

8 the education of gifted and talented students and who

9 shall—

10 ‘‘(1) administer the programs authorized by

11 this part;

12 ‘‘(2) coordinate all programs for gifted and tal13 ented students administered by the Department;

14 ‘‘(3) serve as a focal point of national leader15 ship and information on the educational needs of

16 gifted and talented students and the availability of

17 educational services and programs designed to meet

18 such needs; and

19 ‘‘(4) assist the Assistant Secretary of the Office

20 of Educational Research and Improvement in identi21 fying research priorities which reflect the needs of

22 gifted and talented students.

23 ‘‘SEC. 12207. AUTHORIZATION OF APPROPRIATIONS.

24 ‘‘There are authorized to be appropriated $7,500,000

25 for fiscal year 2002 and such sums as may be necessary
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1 for each of the four succeeding fiscal years to carry out

2 the provisions of this part.

3 ‘‘PART D—ARTS IN EDUCATION

4 ‘‘Subpart 1—Arts Education

5 ‘‘SEC. 12401. SUPPORT FOR ARTS EDUCATION.

6 ‘‘(a) FINDINGS.—The Congress finds that—

7 ‘‘(1) the arts are forms of understanding and

8 ways of knowing that are fundamentally important

9 to education;

10 ‘‘(2) the arts are important to excellent edu11 cation and to effective school reform;

12 ‘‘(3) the most significant contribution of the

13 arts to education reform is the transformation of

14 teaching and learning;

15 ‘‘(4) such transformation is best realized in the

16 context of comprehensive, systemic education reform;

17 ‘‘(5) demonstrated competency in the arts for

18 American students is among the National Education

19 Goals;

20 ‘‘(6) participation in performing arts activities

21 has proven to be an effective strategy for promoting

22 the inclusion of persons with disabilities in main23 stream settings;
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1 ‘‘(7) opportunities in the arts have enabled per2 sons of all ages with disabilities to participate more

3 fully in school and community activities;

4 ‘‘(8) the arts can motivate at-risk students to

5 stay in school and become active participants in the

6 educational process; and

7 ‘‘(9) arts education should be an integral part

8 of the elementary and secondary school curriculum.

9 ‘‘(b) PURPOSES.—The purposes of this subpart are

10 to—

11 ‘‘(1) support systemic education reform by

12 strengthening arts education as an integral part of

13 the elementary and secondary school curriculum;

14 ‘‘(2) help ensure that all students have the op15 portunity to learn to challenging State content

16 standards and challenging State student perform17 ance standards in the arts; and

18 ‘‘(3) support the national effort to enable all

19 students to demonstrate competence in the arts in

20 accordance with the National Education Goals.

21 ‘‘(c) ELIGIBLE RECIPIENTS.—In order to carry out

22 the purposes of this subpart, the Secretary is authorized

23 to award grants to, or enter into contracts or cooperative

24 agreements with—

25 ‘‘(1) State educational agencies;
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1 ‘‘(2) local educational agencies;

2 ‘‘(3) institutions of higher education;

3 ‘‘(4) museums and other cultural institutions;

4 and

5 ‘‘(5) other public and private agencies, institu6 tions, and organizations.

7 ‘‘(d) AUTHORIZED ACTIVITIES.—Funds under this

8 subpart may be used for—

9 ‘‘(1) research on arts education;

10 ‘‘(2) the development of, and dissemination of

11 information about, model arts education programs;

12 ‘‘(3) the development of model arts education

13 assessments based on high standards;

14 ‘‘(4) the development and implementation of

15 curriculum frameworks for arts education;

16 ‘‘(5) the development of model preservice and

17 inservice professional development programs for arts

18 educators and other instructional staff;

19 ‘‘(6) supporting collaborative activities with

20 other Federal agencies or institutions involved in

21 arts education, such as the National Endowment for

22 the Arts, the Institute of Museum and Library Serv23 ices, the John F. Kennedy Center for the Per24 forming Arts, Very Special Arts, and the National

25 Gallery of Art;
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1 ‘‘(7) supporting model projects and programs in

2 the performing arts for children and youth through

3 arrangements made with the John F. Kennedy Cen4 ter for the Performing Arts;

5 ‘‘(8) supporting model projects and programs

6 by Very Special Arts which assure the participation

7 in mainstream settings in arts and education pro8 grams of individuals with disabilities;

9 ‘‘(9) supporting model projects and programs to

10 integrate arts education into the regular elementary

11 and secondary school curriculum; and

12 ‘‘(10) other activities that further the purposes

13 of this subpart.

14 ‘‘(e) COORDINATION.—

15 ‘‘(1) IN GENERAL.—A recipient of funds under

16 this subpart shall, to the extent possible, coordinate

17 projects assisted under this subpart with appropriate

18 activities of public and private cultural agencies, in19 stitutions, and organizations, including museums,

20 arts education associations, libraries, and theaters.

21 ‘‘(2) SPECIAL RULE.—In carrying out this sub22 part, the Secretary shall coordinate with the Na23 tional Endowment for the Arts, the Institute of Mu24 seum and Library Services, the John F. Kennedy
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1 Center for the Performing Arts, Very Special Arts,

2 and the National Gallery of Art.

3 ‘‘(f) AUTHORIZATION.—

4 ‘‘(1) IN GENERAL.—For the purpose of car5 rying out this subpart, there are authorized to be

6 appropriated $28,000,000 for fiscal year 2002 and

7 such sums as may be necessary for each of the four

8 succeeding fiscal years.

9 ‘‘(2) SPECIAL RULE.—If the amount appro10 priated under paragraph (1) for any fiscal year is

11 $9,000,000 or less, then such amount shall only be

12 available to carry out the activities described in

13 paragraphs (7) and (8) of subsection (d).

14 ‘‘Subpart 2—Cultural Partnerships for At-Risk

15 Children and Youth

16 ‘‘SEC. 12411. FINDINGS AND PURPOSE.

17 ‘‘(a) FINDINGS.—The Congress finds:

18 ‘‘(1) With local school budget cuts there are in19 adequate arts and cultural programs available for

20 children and youth in schools, especially at the ele21 mentary school level.

22 ‘‘(2) The arts promote progress in academic

23 subjects as shown by research conducted by the Na24 tional Endowment for the Arts.
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1 ‘‘(3) Children and youth who receive instruction

2 in the arts and humanities, or who are involved in

3 cultural activities, remain in school longer and are

4 more successful than children who do not receive

5 such instruction.

6 ‘‘(4) Learning in the arts and humanities pro7 motes progress in other academic subjects, and gen8 erates positive self-esteem and a greater sense of ac9 complishment in young people.

10 ‘‘(5) School-university and school-cultural insti11 tution partnerships that upgrade teacher training in

12 the arts and humanities have significantly contrib13 uted to improved instruction and achievement levels

14 of school-aged children.

15 ‘‘(6) Museum outreach, cultural activities and

16 informal education for at-risk children and youth

17 have contributed significantly to the educational

18 achievement and enhanced interest in learning of at19 risk children and youth.

20 ‘‘(7) The Goals 2000: Educate America Act,

21 other legislation and local, State and national re22 sources support the integration of the arts and hu23 manities into the regular curriculum and school day

24 for all children.
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1 ‘‘(8) While all children benefit from instruction

2 in the arts and the humanities, at-risk children and

3 youth have a special, additional need for arts and

4 cultural programs both in school and after school.

5 ‘‘(b) PURPOSE.—The purpose of this subpart is to

6 make demonstration grants to eligible entities to improve

7 the educational performance and future potential of at8 risk children and youth by providing comprehensive and

9 coordinated educational and cultural services.

10 ‘‘SEC. 12412. PROGRAM AUTHORIZED.

11 ‘‘(a) IN GENERAL.—The Secretary is authorized to

12 award grants to eligible entities to pay the Federal share

13 of the costs of the activities described in section 12413.

14 ‘‘(b) SPECIAL REQUIREMENTS.—

15 ‘‘(1) IN GENERAL.—The Secretary shall award

16 grants under this subpart only to programs designed

17 to—

18 ‘‘(A) promote and enhance educational and

19 cultural activities;

20 ‘‘(B) provide multi-year services to at-risk

21 children and youth and to integrate community

22 cultural resources into in-school and after23 school educational programs;
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1 ‘‘(C) provide integration of community cul2 tural resources into the regular curriculum and

3 school day;

4 ‘‘(D) focus school and cultural resources in

5 the community on coordinated cultural services

6 to address the needs of at-risk children and

7 youth;

8 ‘‘(E) provide effective cultural programs to

9 facilitate the transition from preschool pro10 grams to elementary school programs, including

11 programs under the Head Start Act and part H

12 of the Individuals with Disabilities Education

13 Act;

14 ‘‘(F) facilitate school-to-work transition

15 from secondary schools and alternative schools

16 to job training, higher education and employ17 ment through educational programs and activi18 ties that utilize school resources;

19 ‘‘(G) increase parental and community in20 volvement in the educational, social, and cul21 tural development of at-risk children and youth;

22 or

23 ‘‘(H)(i) develop programs and strategies

24 that provide high-quality coordinated edu25 cational and cultural services; and
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1 ‘‘(ii) provide a model to replicate such

2 services in other schools and communities.

3 ‘‘(2) PARTNERSHIP.—An interagency partner4 ship comprised of the Secretary of Education, the

5 Chairman of the National Endowment for the Hu6 manities, the Chairman of the National Endowment

7 for the Arts, and the Director of the Institute of

8 Museum and Library Services, or their designees,

9 shall establish criteria and procedures for awarding

10 grants, including the establishment of panels to re11 view the applications, and shall administer the

12 grants program authorized by this section. The Sec13 retary shall publish such criteria and procedures in

14 the Federal Register.

15 ‘‘(3) COORDINATION.—Grants may only be

16 awarded under this subpart to eligible entities that

17 agree to coordinate activities carried out under other

18 Federal, State, and local grants, received by the

19 members of the partnership for purposes and target

20 populations described in this subpart, into an inte21 grated service delivery system located at a school,

22 cultural, or other community-based site accessible to

23 and utilized by at-risk youth.
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1 ‘‘(4) ELIGIBLE ENTITIES.—For purposes of this

2 subpart, the term ‘eligible entity’ means a partner3 ship between—

4 ‘‘(A) a local educational agency or an indi5 vidual school that is eligible to participate in a

6 schoolwide program under section 1114; and

7 ‘‘(B) at least one institution of higher edu8 cation, museum, local arts agency, or cultural

9 entity that is accessible to individuals within the

10 school district of such local educational agency

11 or school, and that has a history of providing

12 quality services to the community, which may

13 include—

14 ‘‘(i) nonprofit institutions of higher

15 education, museums, libraries, performing,

16 presenting and exhibiting arts organiza17 tions, literary arts organizations, State and

18 local arts organizations, cultural institu19 tions, and zoological and botanical organi20 zations; or

21 ‘‘(ii) private for-profit entities with a

22 history of training children and youth in

23 the arts.

24 ‘‘(5) GEOGRAPHIC DISTRIBUTION.—In awarding

25 grants under this subpart the Secretary, to the ex-
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1 tent feasible, shall ensure an equitable geographic

2 distribution of such grants.

3 ‘‘(6) DURATION.—Grants made under this sub4 part may be renewable for a maximum of five years

5 if the Secretary determines that the eligible recipient

6 has made satisfactory progress toward the achieve7 ment of the program objectives described in the ap8 plication.

9 ‘‘(7) MODELS.—The Secretary, in consultation

10 with the Chairman of the National Endowment for

11 the Humanities, the Chairman of the National En12 dowment for the Arts and the director of the Insti13 tute of Museum and Library Services, or their des14 ignees, shall submit successful models under this

15 title to the National Diffusion Network for review.

16 ‘‘(c) TARGET POPULATION.—To be eligible for a

17 grant under this subpart, an eligible entity shall serve—

18 ‘‘(1) students enrolled in schools participating

19 in a schoolwide program under section 1114 and the

20 families of such students to the extent practicable;

21 ‘‘(2) out-of-school children and youth at risk of

22 disadvantages resulting from teenage parenting, sub23 stance abuse, recent migration, disability, limited24 English proficiency, illiteracy, being the child of a
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1 teenage parent, living in a single parent household,

2 or dropping out of school; or

3 ‘‘(3) any combination of in-school and out-of4 school at-risk children and youth.

5 ‘‘SEC. 12413. AUTHORIZED ACTIVITIES.

6 ‘‘(a) IN GENERAL.—Grants awarded under this sub7 part may be used—

8 ‘‘(1) to plan, develop, acquire, expand, and im9 prove school-based or community-based coordinated

10 educational and cultural programs to strengthen the

11 educational performance and future potential of in12 school or out-of-school at-risk children and youth

13 through grants, cooperative agreements, contracts

14 for services, or administrative coordination;

15 ‘‘(2) to provide at-risk students with integrated

16 cultural activities designed to develop a love of learn17 ing that fosters the smooth transition of preschool

18 children to elementary school;

19 ‘‘(3) to design collaborative cultural activities

20 for students in secondary or alternative schools that

21 ensure the smooth transition to job training, higher

22 education, or full employment;

23 ‘‘(4) to provide child care for children of at-risk

24 students who would not otherwise be able to partici25 pate in the program;
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1 ‘‘(5) to provide transportation necessary for

2 participation in the program;

3 ‘‘(6) to work with existing school personnel to

4 develop curriculum materials and programs in the

5 arts;

6 ‘‘(7) to work with existing school personnel on

7 staff development activities that encourage the inte8 gration of the arts into the curriculum;

9 ‘‘(8) for stipends that allow local artists to work

10 with at-risk children and youth in schools;

11 ‘‘(9) for training individuals who are not

12 trained to work with children and youth;

13 ‘‘(10) for cultural programs that encourage the

14 active participation of parents in the education of

15 their children;

16 ‘‘(11) for programs that use the arts and cul17 ture to reform current school practices, including

18 lengthening the school day or academic year;

19 ‘‘(12) for equipment or supplies that the Sec20 retary determines appropriate; and

21 ‘‘(13) for evaluation, administration, and super22 vision.

23 ‘‘(b) PLANNING GRANTS.—

24 ‘‘(1) APPLICATION.—An eligible entity may

25 submit an application to the Secretary for a plan-
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1 ning grant for an amount not to exceed $50,000.

2 Such grants shall be for periods of not more than

3 one year.

4 ‘‘(2) LIMIT ON PLANNING GRANTS.—Not more

5 than 10 percent of the amounts appropriated in each

6 fiscal year under this subpart shall be used for

7 grants under this subsection, and an eligible entity

8 may receive not more than one such planning grant.

9 ‘‘(c) GENERAL PROVISIONS.—

10 ‘‘(1) IN GENERAL.—Each eligible entity desir11 ing a grant under this subpart shall submit an appli12 cation to the Secretary at such time, in such man13 ner, and accompanied by such information as the

14 Secretary may reasonably require.

15 ‘‘(2) CONTENTS.—Each application submitted

16 pursuant to paragraph (1) shall—

17 ‘‘(A) describe the cultural entity or entities

18 that will participate in the partnership;

19 ‘‘(B) describe the target population to be

20 served;

21 ‘‘(C) describe the services to be provided;

22 ‘‘(D) describe a plan for evaluating the

23 success of the program;

24 ‘‘(E) in the case of each local educational

25 agency or school participating in the eligible re-
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1 cipient partnership, describe how the activities

2 assisted under this subpart will be perpetuated

3 beyond the duration of the grant;

4 ‘‘(F) describe the manner in which the eli5 gible entity will improve the educational

6 achievement or future potential of at-risk youth

7 through more effective coordination of cultural

8 services in the community;

9 ‘‘(G) describe the overall and operational

10 goals of the program;

11 ‘‘(H) describe the nature and location of

12 all planned sites where services will be delivered

13 and a description of services which will be pro14 vided at each site; and

15 ‘‘(I) describe training that will be provided

16 to individuals who are not trained to work with

17 children and youth, and how teachers will be in18 volved.

19 ‘‘SEC. 12414. PAYMENTS; AMOUNTS OF AWARD; COST

20 SHARE; LIMITATIONS.

21 ‘‘(a) PAYMENTS.—

22 ‘‘(1) IN GENERAL.—The Secretary shall pay to

23 each eligible recipient having an application ap24 proved under section 12413(c) the Federal share of

25 the cost of the activities described in the application.
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1 ‘‘(2) SPECIAL RULE.—(A) Grants awarded

2 under this subpart shall be of sufficient size, scope,

3 and quality to be effective.

4 ‘‘(B) The Secretary shall award grants under

5 this subpart so as to ensure nonduplication of serv6 ices provided by grant recipients and services pro7 vided by—

8 ‘‘(i) the National Endowment for the Hu9 manities;

10 ‘‘(ii) the National Endowment for the Arts;

11 and

12 ‘‘(iii) the Institute of Museum and Library

13 Services.

14 ‘‘(b) COST SHARE.—

15 ‘‘(1) FEDERAL SHARE.—The Federal share of a

16 grant under this subpart shall be 80 percent of the

17 cost of carrying out the activities described in the

18 application.

19 ‘‘(2) NON-FEDERAL SHARE.—The non-Federal

20 share of a grant under this subpart shall be 20 per21 cent of the cost of carrying out the activities de22 scribed in the application and may be in cash or in

23 kind, fairly evaluated, including the provision of

24 equipment, services, or facilities.

25 ‘‘(c) LIMITATIONS.—
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1 ‘‘(1) NONINSTRUCTIONAL SERVICES.—Not

2 more than 25 percent of the grant funds provided in

3 any fiscal year under this subpart may be used for

4 noninstructional activities such as the activities de5 scribed in paragraphs (4), (5), and (12) of section

6 12413(a).

7 ‘‘(2) SUPPLEMENT AND NOT SUPPLANT.—

8 Grant funds awarded under this part shall be used

9 to supplement not supplant the amount of funds

10 made available from non-Federal sources, for the ac11 tivities assisted under this subpart, in amounts that

12 exceed the amounts expended for such activities in

13 the year preceding the year for which the grant is

14 awarded.

15 ‘‘(3) ADMINISTRATIVE COSTS.—(A) The Sec16 retary may reserve not more than five percent of the

17 grant funds received under this subpart in each fis18 cal year for the costs of administration.

19 ‘‘(B) Each eligible recipient may reserve not

20 more than 5 percent of any grant funds received

21 under this subpart in each fiscal year for the costs

22 of administration.

23 ‘‘SEC. 12415. AUTHORIZATION OF APPROPRIATIONS.

24 ‘‘There are authorized to be appropriated to carry out

25 this subpart, $45,000,000 for fiscal year 2002, and such
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1 sums as may be necessary for each of the four succeeding

2 fiscal years.

3 ‘‘PART E—INEXPENSIVE BOOK DISTRIBUTION

4 PROGRAM

5 ‘‘SEC. 12501. INEXPENSIVE BOOK DISTRIBUTION PROGRAM

6 FOR READING MOTIVATION.

7 ‘‘(a) AUTHORIZATION.—The Secretary is authorized

8 to enter into a contract with Reading is Fundamental

9 (RIF) (hereafter in this section referred to as ‘‘the con10 tractor’’) to support and promote programs, which include

11 the distribution of inexpensive books to students, that mo12 tivate children to read.

13 ‘‘(b) REQUIREMENTS OF CONTRACT.—Any contract

14 entered into under subsection (a) shall—

15 ‘‘(1) provide that the contractor will enter into

16 subcontracts with local private nonprofit groups or

17 organizations, or with public agencies, under which

18 each subcontractor will agree to establish, operate,

19 and provide the non-Federal share of the cost of

20 reading motivation programs that include the dis21 tribution of books, by gift, to the extent feasible, or

22 loan, to children from birth through secondary

23 school age, including those in family literacy pro24 grams;
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1 ‘‘(2) provide that funds made available to sub2 contractors will be used only to pay the Federal

3 share of the cost of such programs;

4 ‘‘(3) provide that in selecting subcontractors for

5 initial funding, the contractor will give priority to

6 programs that will serve a substantial number or

7 percentage of children with special needs, such as—

8 ‘‘(A) low-income children, particularly in

9 high-poverty areas;

10 ‘‘(B) children at risk of school failure;

11 ‘‘(C) children with disabilities;

12 ‘‘(D) foster children;

13 ‘‘(E) homeless children;

14 ‘‘(F) migrant children;

15 ‘‘(G) children without access to libraries;

16 ‘‘(H) institutionalized or incarcerated chil17 dren; and

18 ‘‘(I) children whose parents are institu19 tionalized or incarcerated;

20 ‘‘(4) provide that the contractor will provide

21 such technical assistance to subcontractors as may

22 be necessary to carry out the purpose of this section;

23 ‘‘(5) provide that the contractor will annually

24 report to the Secretary the number of, and describe,

25 programs funded under paragraph (3); and
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1 ‘‘(6) include such other terms and conditions as

2 the Secretary determines to be appropriate to ensure

3 the effectiveness of such programs.

4 ‘‘(c) RESTRICTION ON PAYMENTS.—The Secretary

5 shall make no payment of the Federal share of the cost

6 of acquiring and distributing books under any contract

7 under this section unless the Secretary determines that

8 the contractor or subcontractor, as the case may be, has

9 made arrangements with book publishers or distributors

10 to obtain books at discounts at least as favorable as dis11 counts that are customarily given by such publisher or dis12 tributor for book purchases made under similar cir13 cumstances in the absence of Federal assistance.

14 ‘‘(d) DEFINITION OF ‘FEDERAL SHARE’.—For the

15 purpose of this section, the term ‘Federal share’ means,

16 with respect to the cost to a subcontractor of purchasing

17 books to be paid under this section, 75 percent of such

18 costs to the subcontractor, except that the Federal share

19 for programs serving children of migrant or seasonal

20 farmworkers shall be 100 percent of such costs to the sub21 contractor.

22 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—For the

23 purpose of carrying out this section, there are authorized

24 to be appropriated $10,300,000 for fiscal year 2002 and
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1 such sums as may be necessary for each of the four suc2 ceeding fiscal years.

3 ‘‘PART F—CIVIC EDUCATION

4 ‘‘SEC. 12601. INSTRUCTION ON THE HISTORY AND PRIN5 CIPLES OF DEMOCRACY IN THE UNITED

6 STATES.

7 ‘‘(a) GENERAL AUTHORITY.—

8 ‘‘(1) PROGRAM ESTABLISHED.—(A) The Sec9 retary is authorized to carry out a program to en10 hance the attainment of the third and sixth National

11 Education Goals by educating students about the

12 history and principles of the Constitution of the

13 United States, including the Bill of Rights, and to

14 foster civic competence and responsibility.

15 ‘‘(B) Such program shall be known as ‘We the

16 People . . . The Citizen and the Constitution’.

17 ‘‘(2) EDUCATIONAL ACTIVITIES.—The program

18 required by paragraph (1) shall—

19 ‘‘(A) continue and expand the educational

20 activities of the ‘We the People . . . The Cit21 izen and the Constitution’ program adminis22 tered by the Center for Civic Education; and

23 ‘‘(B) enhance student attainment of chal24 lenging content standards in civics and govern25 ment.
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1 ‘‘(3) CONTRACT OR GRANT AUTHORIZED.—The

2 Secretary is authorized to award a grant or enter

3 into a contract with the Center for Civic Education

4 to carry out the program described in paragraph (1).

5 ‘‘(b) PROGRAM CONTENT.—The education program

6 authorized by this section shall provide—

7 ‘‘(1) a course of instruction on the basic prin8 ciples of our Nation’s constitutional democracy and

9 the history of the Constitution and the Bill of

10 Rights;

11 ‘‘(2) at the request of a participating school,

12 school and community simulated congressional hear13 ings following the course of study; and

14 ‘‘(3) an annual national competition of simu15 lated congressional hearings for secondary students

16 who wish to participate in such program.

17 ‘‘(c) AVAILABILITY OF PROGRAM.—The education

18 program authorized by this section shall be made available

19 to public and private elementary and secondary schools in

20 the 435 congressional districts, the Commonwealth of

21 Puerto Rico, the Virgin Islands, Guam, American Samoa,

22 and the District of Columbia.

23 ‘‘(d) SPECIAL RULE.—After the provisions of sub24 section (b) have been implemented, funds provided under

25 this section may be used for—
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1 ‘‘(1) advanced training of teachers about the

2 United States Constitution and the political system

3 the United States created; or

4 ‘‘(2) a course of instruction at the middle

5 school level on the roles of State and local govern6 ments in the Federal system established by the Con7 stitution, which course shall provide for—

8 ‘‘(A) optional school and community simu9 lated State legislative hearings;

10 ‘‘(B) an annual competition of simulated

11 legislative hearings at the State legislative dis12 trict, State, and national levels for middle

13 school students who wish to participate in the

14 program; and

15 ‘‘(C) participation by public and private

16 middle schools in the 50 States, the District of

17 Columbia, the Commonwealth of Puerto Rico,

18 Guam, American Samoa, the Virgin Islands,

19 and the Commonwealth of the Northern Mar20 iana Islands.

21 ‘‘SEC. 12602. INSTRUCTION IN CIVICS, GOVERNMENT, AND

22 THE LAW.

23 ‘‘(a) PROGRAM ESTABLISHED.—The Secretary is au24 thorized to carry out a program of awarding grants and

25 contracts to assist State and local educational agencies
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1 and other public and private nonprofit agencies, organiza2 tions, and institutions to enhance—

3 ‘‘(1) attainment by students of challenging

4 State content standards and challenging State stu5 dent performance standards in civics, government,

6 and the law; and

7 ‘‘(2) attainment by the Nation of the third and

8 the sixth National Education Goals.

9 ‘‘(b) AUTHORIZED ACTIVITIES.—Assistance under

10 this section may support new and ongoing programs in

11 elementary and secondary schools that provide for—

12 ‘‘(1) the development and implementation of

13 curricular programs that enhance student under14 standing of—

15 ‘‘(A) the values and principles which un16 derlie, and the institutions and processes which

17 comprise, our Nation’s system of government;

18 ‘‘(B) the role of law in our constitutional

19 democracy, including activities to promote—

20 ‘‘(i) legal literacy;

21 ‘‘(ii) a dedication by students to the

22 use of nonviolent means of conflict resolu23 tion such as arbitration, mediation, nego24 tiation, trials, and appellate hearings; and
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1 ‘‘(iii) respect for cultural diversity and

2 acceptance of cultural differences; and

3 ‘‘(C) the rights and responsibilities of citi4 zenship;

5 ‘‘(2) professional development for teachers, in6 cluding preservice and inservice training;

7 ‘‘(3) outside-the-classroom learning experiences

8 for students, including community service activities;

9 ‘‘(4) the active participation of community lead10 ers, from the public and private sectors, in the

11 schools; and

12 ‘‘(5) the provision of technical assistance to

13 State and local educational agencies and other insti14 tutions and organizations working to further the

15 progress of the Nation in attaining the third and

16 sixth National Education Goals regarding civics and

17 government.

18 ‘‘(c) APPLICATIONS, PEER REVIEW AND PRIORITY.—

19 ‘‘(1) SUBMISSION OF APPLICATIONS.—A State

20 or local educational agency, other public or private

21 nonprofit agency, organization, or institution that

22 desires to receive a grant or enter into a contract

23 under this section shall submit an application to the

24 Secretary at such time, in such manner, and con-
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1 taining or accompanied by such information as the

2 Secretary may reasonably require.

3 ‘‘(2) PEER REVIEW.—(A) The Secretary shall

4 convene a panel of individuals for purpose of review5 ing and rating applications submitted under para6 graph (1).

7 ‘‘(B) Such individuals shall have experience

8 with education programs in civics, government, and

9 the law.

10 ‘‘(3) PRIORITY.—In awarding grants or award11 ing contracts under this section, the Secretary shall

12 give priority consideration to applications which pro13 pose the operation of statewide programs.

14 ‘‘(d) DURATION OF GRANTS AND EXCEPTION.—

15 ‘‘(1) DURATION.—Except as provided in para16 graph (2), the Secretary shall award grants and con17 tracts under this section for periods of two or three

18 years.

19 ‘‘(2) EXCEPTION.—The Secretary may award a

20 grant or a contract under this section for a period

21 of less than 2 years if the Secretary determines that

22 special circumstances exist which warrant a 1-year

23 grant or contract award.
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1 ‘‘SEC. 12603. REPORT; AUTHORIZATION OF APPROPRIA2 TIONS.

3 ‘‘(a) REPORT.—The Secretary shall report, on a bien4 nial basis to the Committee on Education and Labor of

5 the House of Representatives and to the Committee on

6 Labor and Human Resources of the Senate regarding the

7 distribution and use of funds authorized under this part.

8 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—

9 ‘‘(1) IN GENERAL.—There are authorized to be

10 appropriated to carry out this part $15,000,000 for

11 fiscal year 2001 and such sums as may be necessary

12 for each of the four succeeding fiscal years.

13 ‘‘(2) ALLOCATION.—Except as provided in

14 paragraph (3), from the amount appropriated under

15 subsection (a), the Secretary shall allocate—

16 ‘‘(A) 40 percent of such amount to carry

17 out section 12601; and

18 ‘‘(B) 60 percent of such amount to carry

19 out section 12602.

20 ‘‘(3) SPECIAL RULE.—From funds appropriated

21 under paragraph (1), the Secretary shall make avail22 able for fiscal year 2001 and each succeeding fiscal

23 year thereafter for the programs under sections

24 12101 and 12102 not less than the amount made

25 available for fiscal year 1994 to carry out such pro26 grams under sections 4609 and 1562, respectively,
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1 of this Act (as such sections were in effect on the

2 day preceding the date of enactment of the Improv3 ing America’s Schools Act of 1994).

4 ‘‘PART G—ALLEN J. ELLENDER FELLOWSHIP

5 PROGRAM

6 ‘‘SEC. 12701. FINDINGS.

7 ‘‘The Congress finds as follows:

8 ‘‘(1) It is a worthwhile goal to ensure that all

9 students in America are prepared for responsible

10 citizenship and that all students should have the op11 portunity to be involved in activities that promote

12 and demonstrate good citizenship.

13 ‘‘(2) It is a worthwhile goal to ensure that

14 America’s educators have access to programs for the

15 continued improvement of their professional skills.

16 ‘‘(3) Allen J. Ellender, a Senator from Lou17 isiana and President pro tempore of the United

18 States Senate, had a distinguished career in public

19 service characterized by extraordinary energy and

20 real concern for young people. Senator Ellender pro21 vided valuable support and encouragement to the

22 Close Up Foundation, a nonpartisan, nonprofit foun23 dation promoting knowledge and understanding of

24 the Federal Government among young people and

25 educators. Therefore, it is a fitting and appropriate
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1 tribute to Senator Ellender to provide fellowships in

2 his name to students of limited economic means, the

3 teachers who work with such students, and older

4 Americans, so that such students, teachers, and

5 older Americans may participate in the programs

6 supported by the Close Up Foundation.

7 ‘‘Subpart 1—Program for Middle and Secondary

8 School Students

9 ‘‘SEC. 12711. ESTABLISHMENT.

10 ‘‘(a) GENERAL AUTHORITY.—The Secretary is au11 thorized to make grants in accordance with the provisions

12 of this subpart to the Close Up Foundation of Wash13 ington, District of Columbia, a nonpartisan, nonprofit

14 foundation, for the purpose of assisting the Close Up

15 Foundation in carrying out its programs of increasing un16 derstanding of the Federal Government among middle and

17 secondary school students.

18 ‘‘(b) USE OF FUNDS.—Grants under this subpart

19 shall be used only to provide financial assistance to eco20 nomically disadvantaged students who participate in the

21 program described in subsection (a). Financial assistance

22 received pursuant to this subpart by such students shall

23 be known as Allen J. Ellender fellowships.
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1 ‘‘SEC. 12712. APPLICATIONS.

2 ‘‘(a) APPLICATION REQUIRED.—No grant under this

3 subpart may be made except upon an application at such

4 time, in such manner, and accompanied by such informa5 tion as the Secretary may reasonably require.

6 ‘‘(b) CONTENTS OF APPLICATION.—Each such appli7 cation shall contain provisions to assure—

8 ‘‘(1) that fellowship grants are made to eco9 nomically disadvantaged middle and secondary

10 school students;

11 ‘‘(2) that every effort will be made to ensure

12 the participation of students from rural and small

13 town areas, as well as from urban areas, and that

14 in awarding fellowships to economically disadvan15 taged students, special consideration will be given to

16 the participation of students with special educational

17 needs, including student with disabilities, ethnic mi18 nority students, and gifted and talented students;

19 and

20 ‘‘(3) the proper disbursement of the funds re21 ceived under this subpart.

22 ‘‘Subpart 2—Program for Middle and Secondary

23 School Teachers

24 ‘‘SEC. 12721. ESTABLISHMENT.

25 ‘‘(a) GENERAL AUTHORITY.—The Secretary is au26 thorized to make grants in accordance with the provisions
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1 of this subpart to the Close Up Foundation of Wash2 ington, District of Columbia, a nonpartisan, nonprofit

3 foundation, for the purpose of assisting the Close Up

4 Foundation in carrying out its programs of teaching skills

5 enhancement for middle and secondary school teachers.

6 ‘‘(b) USE OF FUNDS.—Grants under this subpart

7 shall be used only for financial assistance to teachers who

8 participate in the program described in subsection (a). Fi9 nancial assistance received pursuant to this subpart by

10 such individuals shall be known as Allen J. Ellender fel11 lowships.

12 ‘‘SEC. 12722. APPLICATIONS.

13 ‘‘(a) APPLICATION REQUIRED.—No grant under this

14 subpart may be made except upon an application at such

15 time, in such manner, and accompanied by such informa16 tion as the Secretary may reasonably require.

17 ‘‘(b) CONTENTS OF APPLICATION.—Each such appli18 cation shall contain provisions to assure—

19 ‘‘(1) that fellowship grants are made only to

20 teachers who have worked with at least one student

21 from such teacher’s school who participates in the

22 programs described in section 12711(a);

23 ‘‘(2) that not more than one teacher in each

24 school participating in the programs provided for in
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1 section 12711(a) may receive a fellowship in any fis2 cal year; and

3 ‘‘(3) the proper disbursement of the funds re4 ceived under this subpart.

5 ‘‘Subpart 3—Programs for Recent Immigrants,

6 Students of Migrant Parents and Older Americans

7 ‘‘SEC. 12731. ESTABLISHMENT.

8 ‘‘(a) GENERAL AUTHORITY.—

9 ‘‘(1) IN GENERAL.—The Secretary is authorized

10 to make grants in accordance with the provisions of

11 this subpart to the Close Up Foundation of Wash12 ington, District of Columbia, a nonpartisan, non13 profit foundation, for the purpose of assisting the

14 Close Up Foundation in carrying out its programs

15 of increasing understanding of the Federal Govern16 ment among economically disadvantaged older Amer17 icans, recent immigrants and students of migrant

18 parents.

19 ‘‘(2) DEFINITION.—For the purpose of this

20 subpart, the term ‘older American’ means an indi21 vidual who has attained 55 years of age.

22 ‘‘(b) USE OF FUNDS.—Grants under this subpart

23 shall be used for financial assistance to economically dis24 advantaged older Americans, recent immigrants and stu25 dents of migrant parents who participate in the program
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1 described in subsection (a). Financial assistance received

2 pursuant to this subpart by such individuals shall be

3 known as Allen J. Ellender fellowships.

4 ‘‘SEC. 12732. APPLICATIONS.

5 ‘‘(a) APPLICATION REQUIRED.—No grant under this

6 subpart may be made except upon application at such

7 time, in such manner, and accompanied by such informa8 tion as the Secretary may reasonably require.

9 ‘‘(b) CONTENTS OF APPLICATION.—Except such ap10 plication shall contain provisions to assure—

11 ‘‘(1) that fellowship grants are made to eco12 nomically disadvantaged older Americans, recent im13 migrants and students of migrant parents;

14 ‘‘(2) that every effort will be made to ensure

15 the participation of older Americans, recent immi16 grants and students of migrant parents from rural

17 and small town areas, as well as from urban areas,

18 and that in awarding fellowships, special consider19 ation will be given to the participation of older

20 Americans, recent immigrants and students of mi21 grant parents with special needs, including individ22 uals with disabilities, ethnic minorities, and gifted

23 and talented students;

24 ‘‘(3) that activities permitted by subsection (a)

25 are fully described; and
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1 ‘‘(4) the proper disbursement of the funds re2 ceived under this subpart.

3 ‘‘Subpart 4—General Provisions

4 ‘‘SEC. 12741. ADMINISTRATIVE PROVISIONS.

5 ‘‘(a) GENERAL RULE.—Payments under this part

6 may be made in installments, in advance, or by way of

7 reimbursement, with necessary adjustments on account of

8 underpayment or overpayment.

9 ‘‘(b) AUDIT RULE.—The Comptroller General of the

10 United States or any of the Comptroller General’s duly

11 authorized representatives shall have access for the pur12 pose of audit and examination to any books, documents,

13 papers, and records that are pertinent to any grant under

14 this part.

15 ‘‘SEC. 12742. AUTHORIZATION OF APPROPRIATIONS.

16 ‘‘(a) IN GENERAL.—There are authorized to be ap17 propriated to carry out the provisions of subparts 1, 2,

18 and 3 of this part $4,400,000 for fiscal year 2002 and

19 such sums as may be necessary of each of the four suc20 ceeding fiscal years.

21 ‘‘(b) SPECIAL RULE.—Of the funds appropriated

22 pursuant to subsection (a), not more than 30 percent may

23 be used for teachers associated with students participating

24 in the programs described in section 12711(a).
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1 ‘‘PART H—21ST CENTURY COMMUNITY LEARNING

2 CENTERS

3 ‘‘SEC. 12801. SHORT TITLE.

4 ‘‘This part may be cited as the ‘21st Century Com5 munity Learning Centers Act’.

6 ‘‘SEC. 12802. FINDINGS.

7 ‘‘The Congress finds that—

8 ‘‘(1) a local public school often serves as a cen9 ter for the delivery of education and human re10 sources for all members of a community;

11 ‘‘(2) public schools, primarily in rural and inner

12 city communities, should collaborate with other pub13 lic and nonprofit agencies and organizations, local

14 businesses, educational entities (such as vocational

15 and adult education programs, school-to-work pro16 grams, community colleges, and universities), rec17 reational, cultural, and other community and human

18 service entities, for the purpose of meeting the needs

19 of, and expanding the opportunities available to, the

20 residents of the communities served by such schools;

21 ‘‘(3) by using school facilities, equipment, and

22 resources, communities can promote a more efficient

23 use of public education facilities, especially in rural

24 and inner city areas where limited financial re25 sources have enhanced the necessity for local public

26 schools to become social service centers;
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1 ‘‘(4) the high technology, global economy of the

2 21st century will require lifelong learning to keep

3 America’s workforce competitive and successful, and

4 local public schools should provide centers for life5 long learning and educational opportunities for indi6 viduals of all ages; and

7 ‘‘(5) 21st Century Community Learning Cen8 ters enable the entire community to develop an edu9 cation strategy that addresses the educational needs

10 of all members of local communities.

11 ‘‘SEC. 12803. PROGRAM AUTHORIZATION.

12 ‘‘(a) GRANTS BY THE SECRETARY.—The Secretary is

13 authorized, in accordance with the provisions of this part,

14 to award grants to rural and inner-city public elementary

15 or secondary schools, or consortia of such schools, to en16 able such schools or consortia to plan, implement, or to

17 expand projects that benefit the educational, health, social

18 service, cultural, and recreational needs of a rural or

19 inner-city community.

20 ‘‘(b) EQUITABLE DISTRIBUTION.—In awarding

21 grants under this part, the Secretary shall assure an equi22 table distribution of assistance among the States, among

23 urban and rural areas of the United States, and among

24 urban and rural areas of a State.
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1 ‘‘(c) GRANT PERIOD.—The Secretary shall award

2 grants under this part for a period not to exceed 3 years.

3 ‘‘(d) AMOUNT.—The Secretary shall not award a

4 grant under this part in any fiscal year in an amount less

5 than $35,000.

6 ‘‘SEC. 12804. APPLICATION REQUIRED.

7 ‘‘(a) APPLICATION.—To be eligible to receive a grant

8 under this part, an elementary or secondary school or con9 sortium shall submit an application to the Secretary at

10 such time, in such manner, and accompanied by such in11 formation as the Secretary may reasonably prescribe.

12 Each such application shall include—

13 ‘‘(1) a comprehensive local plan that enables

14 the school or consortium to serve as a center for the

15 delivery of education and human resources for mem16 bers of a community;

17 ‘‘(2) an evaluation of the needs, available re18 sources, and goals and objectives for the proposed

19 project in order to determine which activities will be

20 undertaken to address such needs; and

21 ‘‘(3) a description of the proposed project,

22 including—

23 ‘‘(A) a description of the mechanism that

24 will be used to disseminate information in a
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1 manner that is understandable and accessible to

2 the community;

3 ‘‘(B) identification of Federal, State, and

4 local programs to be merged or coordinated so

5 that public resources may be maximized;

6 ‘‘(C) a description of the collaborative ef7 forts to be undertaken by community-based or8 ganizations, related public agencies, businesses,

9 or other appropriate organizations;

10 ‘‘(D) a description of how the school or

11 consortium will serve as a delivery center for

12 existing and new services, especially for inter13 active telecommunication used for education

14 and professional training; and

15 ‘‘(E) an assurance that the school or con16 sortium will establish a facility utilization policy

17 that specifically states—

18 ‘‘(i) the rules and regulations applica19 ble to building and equipment use; and

20 ‘‘(ii) supervision guidelines.

21 ‘‘(b) PRIORITY.—The Secretary shall give priority to

22 applications describing projects that offer a broad selec23 tion of services which address the needs of the community.
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1 ‘‘SEC. 12805. USES OF FUNDS.

2 ‘‘Grants awarded under this part may be used to

3 plan, implement, or expand community learning centers

4 which include not less than four of the following activities:

5 ‘‘(1) Literacy education programs.

6 ‘‘(2) Senior citizen programs.

7 ‘‘(3) Children’s day care services.

8 ‘‘(4) Integrated education, health, social service,

9 recreational, or cultural programs.

10 ‘‘(5) Summer and weekend school programs in

11 conjunction with recreation programs.

12 ‘‘(6) Nutrition and health programs.

13 ‘‘(7) Expanded library service hours to serve

14 community needs.

15 ‘‘(8) Telecommunications and technology edu16 cation programs for individuals of all ages.

17 ‘‘(9) Parenting skills education programs.

18 ‘‘(10) Support and training for child day care

19 providers.

20 ‘‘(11) Employment counseling, training, and

21 placement.

22 ‘‘(12) Services for individuals who leave school

23 before graduating from secondary school, regardless

24 of the age of such individual.

25 ‘‘(13) Services for individuals with disabilities.
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1 ‘‘SEC. 12806. DEFINITION.

2 ‘‘For the purpose of this part, the term ‘community

3 learning center’ means an entity within a public elemen4 tary or secondary school building that—

5 ‘‘(1) provides educational, recreational, health,

6 and social service programs for residents of all ages

7 within a local community; and

8 ‘‘(2) is operated by a local educational agency

9 in conjunction with local governmental agencies,

10 businesses, vocational education programs, institu11 tions of higher education, community colleges, and

12 cultural, recreational, and other community and

13 human service entities.

14 ‘‘SEC. 12807. AUTHORIZATION OF APPROPRIATIONS.

15 ‘‘There are authorized to be appropriated

16 $850,000,000 for fiscal year 2002, and such sums as may

17 be necessary for each of the four succeeding fiscal years,

18 to carry out this part.

19 ‘‘PART I—URBAN AND RURAL EDUCATION

20 ASSISTANCE

21 ‘‘SEC. 12851. AUTHORIZATION OF APPROPRIATIONS.

22 ‘‘(a) DEMONSTRATION GRANTS.—

23 ‘‘(1) IN GENERAL.—There are authorized to be

24 appropriated $125,000,000 for fiscal year 2002, and

25 such sums as may be necessary for each of the four
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1 succeeding fiscal years, to carry out subparts 1 and

2 2 (other than section 12875).

3 ‘‘(2) RESERVATION FOR SUBPART 1.—The Sec4 retary shall reserve 50 percent of the amount appro5 priated under paragraph (1) to carry out subpart 1.

6 ‘‘(3) RESERVATION FOR SUBPART 2.—The Sec7 retary shall reserve 50 percent of the amount appro8 priated under paragraph (1) to carry out subpart 2

9 (other than section 12875).

10 ‘‘(b) HIGHER EDUCATION GRANTS.—There are au11 thorized to be appropriated $25,000,000 for fiscal year

12 2002 and such sums as may be necessary for each of the

13 four succeeding fiscal years to carry out section 12875.

14 ‘‘(c) FEDERAL FUNDS TO SUPPLEMENT NOT SUP15 PLANT NON-FEDERAL FUNDS.—An eligible local edu16 cational agency may use funds received under this part

17 only to supplement and, to the extent practicable, increase

18 the level of funds that would, in the absence of such Fed19 eral funds, be made available from non-Federal sources

20 for the education of students participating in activities as21 sisted under this part, and in no such case may such funds

22 be used to supplant funds from non-Federal sources.

23 ‘‘SEC. 12852. DEFINITIONS.

24 ‘‘Except as otherwise provided, for the purposes of

25 this part:
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1 ‘‘(1) CENTRAL CITY.—The term ‘central city’

2 has the same meaning used by the Bureau of the

3 Census.

4 ‘‘(2) METROPOLITAN STATISTICAL AREA.—The

5 term ‘metropolitan statistical area’ has the same

6 meaning used by the Bureau of the Census.

7 ‘‘(3) POVERTY LEVEL.—The term ‘poverty

8 level’ means the criteria of poverty used by the Bu9 reau of the Census in compiling the most recent de10 cennial census.

11 ‘‘(4) RURAL ELIGIBLE LOCAL EDUCATIONAL

12 AGENCY.—The term ‘rural eligible local educational

13 agency’ means a local educational agency—

14 ‘‘(A)(i) in which at least 15 percent of the

15 children enrolled in the schools served by such

16 agency are eligible to be counted under part A

17 of title I; and

18 ‘‘(ii) which is not in a metropolitan statis19 tical area; or

20 ‘‘(B) in which the total enrollment in the

21 schools served by such agency is less than 2,500

22 students and that does not serve schools located

23 in a metropolitan statistical area.
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1 ‘‘(5) URBAN ELIGIBLE LOCAL EDUCATIONAL

2 AGENCY.—The term ‘urban eligible local educational

3 agency’ means a local educational agency that—

4 ‘‘(A) serves the largest central city in a

5 State;

6 ‘‘(B) enrolls more than 30,000 students

7 and serves a central city with a population of

8 at least 200,000 in a metropolitan statistical

9 area; or

10 ‘‘(C) enrolls between 25,000 and 30,000

11 students and serves a central city with a popu12 lation of at least 140,000 in a metropolitan sta13 tistical area.

14 ‘‘Subpart 1—Urban Education Demonstration Grants

15 ‘‘SEC. 12861. FINDINGS.

16 ‘‘The Congress finds that—

17 ‘‘(1) the ability of the Nation’s major urban

18 public school systems to meet the Nation’s edu19 cational goals will determine the country’s economic

20 competitiveness and academic standing in the world

21 community;

22 ‘‘(2) the quality of public education in the Na23 tion’s major urban areas has a direct effect on the

24 economic development of the Nation’s inner-cities;
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1 ‘‘(3) the success of urban public schools in

2 boosting the achievement of its minority youth at3 tending such schools will determine the ability of the

4 Nation to close the gap between the ‘haves and the

5 have-nots’ in society;

6 ‘‘(4) the cost to America’s businesses to provide

7 remedial education to high school graduates is ap8 proximately $21,000,000,000 per year;

9 ‘‘(5) approximately one-third of the Nation’s

10 workforce will be members of minority groups by the

11 year 2000;

12 ‘‘(6) urban schools enroll a disproportionately

13 large share of the Nation’s poor and ‘at-risk’ youth;

14 ‘‘(7) urban schools enroll approximately one15 third of the Nation’s poor, 40 percent of the Na16 tion’s African American children, and 30 percent of

17 the Nation’s Hispanic youth;

18 ‘‘(8) nearly 20 percent of the Nation’s limited19 English-proficient children and 15 percent of the

20 Nation’s disabled youth are enrolled in urban public

21 schools;

22 ‘‘(9) the academic performance of students in

23 the average inner-city public school system is below

24 that of students in most other kinds of school sys25 tems;
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1 ‘‘(10) urban public school systems have higher

2 dropout rates, more problems with health care, and

3 less parental participation than other kinds of school

4 systems;

5 ‘‘(11) urban preschoolers have one-half the ac6 cess to early childhood development programs as do

7 other children;

8 ‘‘(12) shortages of teachers in urban public

9 school systems are 2.5 times greater than such

10 shortages in other kinds of school systems;

11 ‘‘(13) declining numbers of urban minority high

12 school graduates are pursuing postsecondary edu13 cational opportunities;

14 ‘‘(14) urban public school systems have greater

15 problems with teenage pregnancy, discipline, drug

16 abuse, and gangs than do other kinds of school sys17 tems;

18 ‘‘(15) 75 percent of urban public school build19 ings are over 25 years old, 33 percent of such build20 ings are over 50 years old, and such buildings are

21 often in serious disrepair and create poor and de22 moralizing working and learning conditions;

23 ‘‘(16) solving the challenges facing our Nation’s

24 urban schools will require the concerted and collabo-
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1 rative efforts of all levels of government and all sec2 tors of the community;

3 ‘‘(17) Federal and State funding of urban pub4 lic schools has not adequately reflected need; and

5 ‘‘(18) Federal funding that is well-targeted,

6 flexible, and accountable would contribute signifi7 cantly to addressing the comprehensive needs of

8 inner-city public schools.

9 ‘‘SEC. 12862. PURPOSE.

10 ‘‘It is the purpose of this subpart to provide financial

11 assistance to—

12 ‘‘(1) assist urban public schools in meeting the

13 National Education Goals;

14 ‘‘(2) improve the educational and social well15 being of urban public school children;

16 ‘‘(3) close the achievement gap between urban

17 and nonurban public school children, while improv18 ing the achievement level of all children nationally;

19 ‘‘(4) conduct coordinated research on urban

20 public education problems, solutions, and promising

21 practices;

22 ‘‘(5) improve the Nation’s global economic and

23 educational competitiveness by improving the Na24 tion’s urban schools; and
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1 ‘‘(6) encourage community, parental, and busi2 ness collaboration in the improvement of urban

3 schools.

4 ‘‘SEC. 12863. URBAN SCHOOL GRANTS.

5 ‘‘(a) AUTHORITY.—The Secretary is authorized to

6 make grants to eligible local educational agencies serving

7 an urban area or State educational agencies in the case

8 where the State educational agency is the local educational

9 agency for activities designed to assist in local school im10 provement efforts and school reform, and to assist the

11 schools of such agencies in meeting the National Edu12 cation Goals.

13 ‘‘(b) AUTHORIZED ACTIVITIES.—Funds under this

14 section may be used to—

15 ‘‘(1) increase the academic achievement of

16 urban public school children to at least the national

17 average, such as—

18 ‘‘(A) effective public schools programs;

19 ‘‘(B) tutoring, mentoring, and other activi20 ties to improve academic achievement directly;

21 ‘‘(C) activities designed to increase the

22 participation of minority and female students in

23 entry level and advanced courses in mathe24 matics and science;

25 ‘‘(D) supplementary academic instruction;
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1 ‘‘(E) efforts to improve problem-solving

2 and higher-order thinking skills;

3 ‘‘(F) programs to increase student motiva4 tion for learning; and

5 ‘‘(G) efforts to lengthen the school day or

6 school year, or to reduce class sizes;

7 ‘‘(2) ensure the readiness of all urban public

8 school children for school, such as—

9 ‘‘(A) full workday, full calendar-year com10 prehensive early childhood development pro11 grams;

12 ‘‘(B) parenting classes and parent involve13 ment activities;

14 ‘‘(C) activities designed to coordinate pre15 kindergarten and child care programs;

16 ‘‘(D) efforts to integrate developmentally

17 appropriate prekindergarten services into the

18 overall public school program;

19 ‘‘(E) upgrading the qualifications of early

20 childhood education staff and standards for

21 programs;

22 ‘‘(F) collaborative efforts with health and

23 social service agencies to provide comprehensive

24 services and to facilitate the transition from

25 home to school;
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1 ‘‘(G) establishment of comprehensive child

2 care centers in public secondary schools for stu3 dents who are parents and their children; and

4 ‘‘(H) augmenting early childhood develop5 ment programs to meet the special educational

6 and cultural needs of limited-English-proficient

7 preschool children;

8 ‘‘(3) increase the graduation rates of urban

9 public school students to at least the national aver10 age, such as—

11 ‘‘(A) dropout prevention activities and sup12 port services for public school students at-risk

13 of dropping out of school;

14 ‘‘(B) reentry, outreach, and support activi15 ties to recruit students who have dropped out of

16 school to return to school;

17 ‘‘(C) development of systemwide policies

18 and practices that encourage students to stay in

19 school;

20 ‘‘(D) efforts to provide individualized stu21 dent support, such as mentoring programs;

22 ‘‘(E) collaborative activities between

23 schools, parents, community groups, agencies,

24 and institutions of higher education aimed at
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1 preventing individuals from dropping out of

2 school;

3 ‘‘(F) programs to increase student attend4 ance; and

5 ‘‘(G) alternative programs for students, es6 pecially bilingual and special education stu7 dents, who have dropped out of school or are at

8 risk of dropping out of school;

9 ‘‘(4) prepare urban public school students to

10 enter higher education, pursue careers, and exercise

11 their responsibilities as citizens, such as—

12 ‘‘(A) activities designed to increase the

13 number and percentages of students, particu14 larly minority students, enrolling in postsec15 ondary educational institutions after graduation

16 from public secondary schools;

17 ‘‘(B) in-school youth employment, voca18 tional education, and career education programs

19 that improve the transition from school to work;

20 ‘‘(C) activities designed in collaboration

21 with colleges and universities to assist urban

22 public school graduates in completing higher

23 education;

24 ‘‘(D) efforts to increase voter registration

25 among eligible public secondary school students;
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1 ‘‘(E) activities designed to promote com2 munity service and volunteerism among stu3 dents, parents, teachers, and the community;

4 and

5 ‘‘(F) civic education and other programs

6 designed to enhance responsible citizenship and

7 understanding of the political process;

8 ‘‘(5) recruit and retain qualified teachers, such

9 as—

10 ‘‘(A) school-based management projects

11 and activities;

12 ‘‘(B) programs designed to test efforts to

13 increase the professionalization of teachers or to

14 bring teachers up to national voluntary stand15 ards;

16 ‘‘(C) alternative routes to certification for

17 qualified individuals from business, the military,

18 and other fields;

19 ‘‘(D) efforts to recruit and retain teachers,

20 particularly minority teachers, specializing in

21 critical shortage areas, including early child22 hood teachers, mathematics and science teach23 ers, and special education and bilingual teach24 ers;
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1 ‘‘(E) upgrading the skills of teacher aides

2 and paraprofessionals to permit such individ3 uals to become certified teachers;

4 ‘‘(F) activities specifically designed to in5 crease the number of minority teachers in

6 urban schools;

7 ‘‘(G) incentives for teachers to work in

8 inner-city public schools; and

9 ‘‘(H) collaborative activities with urban

10 universities to revise and upgrade teacher train11 ing programs;

12 ‘‘(6) provide for ongoing staff development to

13 increase the professional capacities of the teaching

14 staff and the skills of teacher aides and paraprofes15 sionals;

16 ‘‘(7) decrease the use of drugs and alcohol

17 among urban public school students and enhance the

18 physical and emotional health of such students, such

19 as—

20 ‘‘(A) activities designed to improve the

21 self-esteem and self-worth of urban public

22 school students;

23 ‘‘(B) the provision of health care services

24 and other social services and the coordination of

25 such services with other health care providers;
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1 ‘‘(C) programs designed to improve safety

2 and discipline and reduce in-school violence,

3 vandalism, and gang activity;

4 ‘‘(D) activities that begin in the early

5 grades and are designed to prevent drug and al6 cohol abuse and smoking among students and

7 teachers;

8 ‘‘(E) collaborative activities with other

9 agencies, businesses, and community groups to

10 discourage the advertisement and glorification

11 of drugs and alcohol;

12 ‘‘(F) efforts to enhance health education

13 and nutrition education; and

14 ‘‘(G) alternative public schools, and

15 schools-within-schools programs, including bilin16 gual and special education programs for public

17 school students with special needs; or

18 ‘‘(8) plan, develop, operate, or expand programs

19 and activities that are designed to assist urban pub20 lic schools in meeting the National Education Goals,

21 including—

22 ‘‘(A) training of teachers and other edu23 cational personnel in subject areas, or in in24 structional technology and methods that will

25 improve the delivery of services in urban set-
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1 tings and assist in the achievement of the Na2 tional Education Goals, including staff develop3 ment efforts that emphasize multicultural and

4 gender and disability bias-free curricula;

5 ‘‘(B) coordination and collaboration with

6 other municipal agencies, child care organiza7 tions, universities, or the private sector;

8 ‘‘(C) parental involvement and outreach ef9 forts and other activities designed to enhance

10 parental encouragement of student learning;

11 ‘‘(D) pupil services and other support serv12 ices that contribute to progress in achieving

13 National Education Goals;

14 ‘‘(E) efforts to acquire and improve access

15 to educational technology;

16 ‘‘(F) assist the schools most in need of

17 services by replicating successful efforts of

18 other urban local educational agencies and ex19 panding successful programs within the eligible

20 agency; or

21 ‘‘(G) efforts to improve and strengthen the

22 curriculum and coordinate services across grade

23 levels.

24 ‘‘(c) APPLICATIONS.—
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1 ‘‘(1) IN GENERAL.—An eligible local edu2 cational agency desiring to receive a grant under

3 this section shall submit an application to the Sec4 retary at such time, in such manner, and accom5 panied by such information as the Secretary may

6 reasonably require, consistent with this section.

7 ‘‘(2) DURATION.—An application submitted

8 pursuant to paragraph (1) may be for a period of

9 not more than five years.

10 ‘‘(d) PAYMENTS.—The Secretary shall make an

11 award only to urban eligible local educational agencies

12 that—

13 ‘‘(1) comply with the provisions of section

14 12866; and

15 ‘‘(2) demonstrate to the satisfaction of the Sec16 retary that the data submitted pursuant to section

17 12861 shows progress toward meeting National

18 Education Goals.

19 ‘‘(e) ADMINISTRATIVE COSTS.—Not more than five

20 percent of any award made under this subpart may be

21 used for administrative costs.

22 ‘‘SEC. 12864. SPECIAL RULES.

23 ‘‘(a) SPECIAL CONSIDERATION.—In making awards

24 under this subpart, the Secretary shall give special consid-
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1 eration to urban eligible local educational agencies in

2 which there is—

3 ‘‘(1) low achievement;

4 ‘‘(2) high poverty; and

5 ‘‘(3) racial isolation.

6 ‘‘(b) FLEXIBILITY.—Each urban eligible local edu7 cational agency shall have the flexibility to serve homeless

8 children, children in schools undergoing desegregation, im9 migrants, migrants, or other highly mobile populations

10 within the program assisted under this subpart.

11 ‘‘Subpart 2—Rural Education Demonstration Grants

12 ‘‘SEC. 12871. FINDINGS.

13 ‘‘The Congress finds that—

14 ‘‘(1) the ability of America’s rural public school

15 systems to meet the National Education Goals will

16 contribute to the economic competitiveness and aca17 demic standing of the Nation in the world commu18 nity;

19 ‘‘(2) approximately 60 percent of the Nation’s

20 public school districts are rural with a population of

21 less than 2,500;

22 ‘‘(3) about 1 out of every 4 of America’s rural

23 school children are living below the poverty line;

24 ‘‘(4) the quality of public education in the rural

25 areas of the Nation has a direct effect on the eco-
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1 nomic development of the rural communities of the

2 Nation;

3 ‘‘(5) the success of rural public schools in

4 boosting the achievement of minority youth attend5 ing such schools will determine the ability of the Na6 tion to close the gap between the haves and the

7 have-nots in society;

8 ‘‘(6) the academic performance of students in

9 the average rural school system is below that of stu10 dents in most other suburban school systems;

11 ‘‘(7) the average age of rural public school

12 buildings is more than 45 years old and such build13 ings are often in serious disrepair, creating poor and

14 demoralizing working and learning conditions;

15 ‘‘(8) shortages of teachers for rural public

16 school systems is greater than in other kinds of

17 school systems;

18 ‘‘(9) solving the challenges facing the Nation’s

19 rural public schools will require the concerted and

20 collaborative efforts of all levels of government and

21 all sectors of the community;

22 ‘‘(10) additional Federal funding would con23 tribute significantly to addressing the comprehensive

24 needs of rural schools;
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1 ‘‘(11) rural public schools enroll a dispropor2 tionately large share of the Nation’s poor and at-risk

3 youth;

4 ‘‘(12) a declining number of rural public sec5 ondary school graduates are pursuing postsecondary

6 education opportunities;

7 ‘‘(13) rural preschoolers have less access to

8 early childhood development programs than other

9 children; and

10 ‘‘(14) Federal and State funding of rural public

11 schools has not adequately reflected need.

12 ‘‘SEC. 12872. PURPOSE.

13 ‘‘It is the purpose of this subpart to provide financial

14 assistance to rural public schools most in need, to encour15 age the comprehensive restructuring of America’s rural

16 schools, the appropriate use of telecommunications tech17 nologies for learning, and to support innovative programs

18 which improve performance through programs and

19 projects designed to—

20 ‘‘(1) assist rural public schools in meeting Na21 tional Education Goals;

22 ‘‘(2) encourage rural public schools to engage in

23 school reform;
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1 ‘‘(3) develop pilot projects that experiment with

2 innovative ways to teach rural public school children

3 more effectively;

4 ‘‘(4) improve the educational and social well5 being of rural public school children;

6 ‘‘(5) close the achievement gap between children

7 attending rural public schools and other children,

8 while improving the achievement level of all children

9 nationally;

10 ‘‘(6) conduct coordinated research on rural edu11 cation problems, solutions, promising practices, and

12 distance learning technologies;

13 ‘‘(7) improve the Nation’s global economic and

14 educational competitiveness by improving the Na15 tion’s rural public schools;

16 ‘‘(8) encourage community, parental, and busi17 ness collaboration in the improvement of rural public

18 schools;

19 ‘‘(9) encourage rural school consortia for the

20 purpose of increasing efficiency and course offerings;

21 ‘‘(10) encourage a positive role for rural public

22 schools in local rural entrepreneurship and the iden23 tification of rural community economic development

24 opportunities;
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1 ‘‘(11) encourage community-as-school concepts,

2 which include the role public schools can play to as3 sist with rural community economic revitalization;

4 and

5 ‘‘(12) provide for the recruitment and meaning6 ful inservice opportunities for rural public school

7 teachers.

8 ‘‘SEC. 12873. RURAL SCHOOL GRANTS.

9 ‘‘(a) AUTHORITY.—The Secretary is authorized to

10 make grants to rural eligible local educational agencies,

11 or State educational agencies in the case where the State

12 educational agency is the local educational agency, for ac13 tivities designed to assist in local school improvement ef14 forts.

15 ‘‘(b) AWARD RULES.—

16 ‘‘(1) LESS THAN $50,000,000.—If the amount

17 made available to carry out this subpart for any fis18 cal year is less than $50,000,000, the Secretary

19 shall award grants under this section on a competi20 tive basis.

21 ‘‘(2) EQUAL TO OR GREATER THAN

22 $50,000,000.—If the amount made available to carry

23 out this subpart for any fiscal year is equal to or

24 greater than $50,000,000, the Secretary shall award

25 grants under this section so that a rural eligible
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1 local educational agency in each State receives such

2 a grant.

3 ‘‘(c) ADMINISTRATIVE COSTS.—Not more than five

4 percent of a grant awarded under section 12573 shall be

5 used for administrative costs.

6 ‘‘(d) DURATION.—Each grant under this section shall

7 be awarded for a period of not more than five years.

8 ‘‘SEC. 12874. USES OF FUNDS.

9 ‘‘(a) IN GENERAL.—Grant funds made available

10 under section 12873 may be used by rural eligible local

11 educational agencies to meet the National Education

12 Goals through programs designed to—

13 ‘‘(1) increase the academic achievement of rural

14 public school children to at least the national aver15 age of such achievement, including education reform

16 initiatives, such as—

17 ‘‘(A) effective public schools programs;

18 ‘‘(B) tutoring, mentoring, and other activi19 ties to improve academic achievement directly;

20 ‘‘(C) supplementary academic instruction;

21 ‘‘(D) efforts to improve problem-solving

22 and higher-order critical thinking skills; and

23 ‘‘(E) efforts to lengthen the school day,

24 school year, or reduce class sizes;
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1 ‘‘(2) develop pilot projects that experiment with

2 innovative ways to teach rural public school children

3 more effectively;

4 ‘‘(3) encourage the formation of rural school

5 consortia for the purpose of increasing efficiency and

6 course offerings;

7 ‘‘(4) provide meaningful inservice training op8 portunities for rural public school teachers;

9 ‘‘(5) assist rural schools in acquiring and im10 proving access to educational technology, including

11 distance learning technologies;

12 ‘‘(6) ensure the readiness of all rural children

13 for school, such as—

14 ‘‘(A) full workday, full calendar-year com15 prehensive early childhood development pro16 grams;

17 ‘‘(B) parenting classes, including parenting

18 classes for teenage parents, and parent involve19 ment activities;

20 ‘‘(C) activities designed to coordinate pre21 kindergarten and child care programs;

22 ‘‘(D) efforts to integrate developmentally

23 appropriate prekindergarten services into the

24 overall public school program;
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1 ‘‘(E) improving the skills of early child2 hood education staff and standards for pro3 grams;

4 ‘‘(F) collaborative efforts with health and

5 social service agencies to provide comprehensive

6 services and to facilitate the transition from

7 home to school;

8 ‘‘(G) establishment of comprehensive child

9 care centers in public secondary schools for stu10 dent parents and their children; and

11 ‘‘(H) augmenting early childhood develop12 ment programs to meet the special educational

13 and cultural needs of limited-English proficient

14 children, children with disabilities, and migrant

15 preschool children;

16 ‘‘(7) increase the graduation rates of rural pub17 lic school students to at least the national average

18 of such rate, when funds are used to serve secondary

19 schools, such as—

20 ‘‘(A) dropout prevention activities and sup21 port services for students at-risk of dropping

22 out of school;

23 ‘‘(B) reentry, outreach and support activi24 ties to recruit students who have dropped out of

25 school to return to school;
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1 ‘‘(C) development of systemwide policies

2 and practices that encourage students to stay in

3 school;

4 ‘‘(D) efforts to provide individualized stu5 dent support;

6 ‘‘(E) collaborative activities between

7 schools, parents, community groups, agencies,

8 and institutions of higher education aimed at

9 preventing individuals from dropping out of

10 school;

11 ‘‘(F) programs to increase student attend12 ance; and

13 ‘‘(G) alternative programs for students, es14 pecially bilingual, special education, and mi15 grant students, who have dropped out of school

16 or are at risk of dropping out of school;

17 ‘‘(8) prepare rural public school students to

18 enter higher education, pursue careers, and exercise

19 their responsibilities as citizens, such as—

20 ‘‘(A) activities designed to increase the

21 number and percentages of students, enrolling

22 in postsecondary educational institutions after

23 graduation from secondary schools;
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1 ‘‘(B) in-school youth employment, voca2 tional education, and career education programs

3 that improve the transition from school to work;

4 ‘‘(C) activities designed in collaboration

5 with colleges and universities to assist rural

6 public school graduates in completing higher

7 education;

8 ‘‘(D) activities designed in conjunction

9 with community colleges to provide a kinder10 garten through grade 14 experience for rural

11 public school secondary school students;

12 ‘‘(E) efforts to increase voter registration

13 among eligible public secondary school students

14 attending schools served by rural eligible local

15 educational agencies;

16 ‘‘(F) activities designed to promote com17 munity service and volunteerism among stu18 dents, parents, teachers, and the community;

19 ‘‘(G) civic education, law-related education,

20 and other programs designed to enhance re21 sponsible citizenship and understanding of the

22 political process; and

23 ‘‘(H) encouraging a positive role for rural

24 public schools in local rural entrepreneurship
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1 and the identification of rural community eco2 nomic development opportunities;

3 ‘‘(9) recruit and retain qualified teachers, such

4 as—

5 ‘‘(A) school-based management projects

6 and activities;

7 ‘‘(B) programs designed to increase the

8 status of the teaching profession;

9 ‘‘(C) alternative routes to certification for

10 qualified individuals from business, the military,

11 and other fields;

12 ‘‘(D) efforts to recruit and retain teachers

13 in critical shortage areas, including early child14 hood teachers, mathematics and science teach15 ers, foreign language teachers, and special edu16 cation and bilingual teachers;

17 ‘‘(E) upgrading the skills of existing class18 room teachers through the use of year-round,

19 systematic, comprehensive inservice training

20 programs;

21 ‘‘(F) upgrading the skills of teacher aides

22 and paraprofessionals to assist such individuals

23 in becoming certified teachers;
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1 ‘‘(G) efforts specifically designed to in2 crease the number of minority teachers in rural

3 public schools;

4 ‘‘(H) programs designed to encourage par5 ents and students to enter the teaching profes6 sion;

7 ‘‘(I) incentives for teachers to work in

8 rural public schools;

9 ‘‘(J) collaborative activities with colleges

10 and universities to revise and upgrade teacher

11 training programs to meet the needs of rural

12 public school students; and

13 ‘‘(K) training activities for the purpose of

14 incorporating distance learning technologies; or

15 ‘‘(10) decrease the use of drugs and alcohol

16 among rural public school students, and to enhance

17 the physical and emotional health of such students,

18 such as—

19 ‘‘(A) activities designed to improve the

20 self-esteem and self-worth of rural students;

21 ‘‘(B) the provision of health care services

22 and other social services and the coordination of

23 such services with other health care providers;
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1 ‘‘(C) programs designed to improve safety

2 and discipline and reduce in-school violence and

3 vandalism;

4 ‘‘(D) activities that begin in the early

5 grades and are designed to prevent drug and al6 cohol abuse and smoking among students;

7 ‘‘(E) collaborative activities with other

8 agencies, businesses, and community groups;

9 ‘‘(F) efforts to enhance health education

10 and nutrition education; and

11 ‘‘(G) alternative public schools, and

12 schools-within-schools programs, including bilin13 gual, migrant, and special education programs

14 for students with special needs.

15 ‘‘(b) APPLICATIONS.—Each eligible entity desiring a

16 grant under section 12873 shall submit an application to

17 the Secretary at such time, in such manner, and accom18 panied by such information as the Secretary may reason19 ably require. Each grant awarded under section 12873

20 shall be of sufficient size and scope to achieve significant

21 rural school improvement.

22 ‘‘SEC. 12875. HIGHER EDUCATION GRANTS.

23 ‘‘(a) GRANTS.—The Secretary is authorized to make

24 grants to institutions of higher education, consortia of

25 such institutions, or partnerships between institutions of
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1 higher education and local educational agencies to assist

2 rural schools and rural eligible local educational agencies

3 in undertaking local school improvement activities.

4 ‘‘(b) AUTHORIZED ACTIVITIES.—Grant funds under

5 this section may be used to—

6 ‘‘(1) assist rural schools in meeting National

7 Education Goals;

8 ‘‘(2) assist in the recruitment and training of

9 teachers in rural schools;

10 ‘‘(3) assist rural schools in the development of

11 appropriate innovative school improvement initia12 tives;

13 ‘‘(4) provide inservice training opportunities for

14 teachers in rural schools; and

15 ‘‘(5) provide technical assistance in the use and

16 installation of innovative telecommunications tech17 nology.

18 ‘‘(c) APPLICATIONS.—Each eligible entity desiring a

19 grant under this section shall submit an application to the

20 Secretary at such time, in such manner, and accompanied

21 by such information as the Secretary may reasonably re22 quire.
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1 ‘‘Subpart 3—White House Conferences

2 ‘‘SEC. 12881. WHITE HOUSE CONFERENCE ON URBAN EDU3 CATION.

4 ‘‘(a) AUTHORIZATION TO CALL CONFERENCE.—

5 ‘‘(1) IN GENERAL.—The President is author6 ized to call and conduct a White House Conference

7 on Urban Education (referred to in this section as

8 the ‘Conference’) which shall be held not earlier than

9 November 1, 2002, and not later than October 30,

10 2004.

11 ‘‘(2) PURPOSE.—The purpose of the Conference

12 shall be to—

13 ‘‘(A) develop recommendations and strate14 gies for the improvement of urban education;

15 ‘‘(B) marshal the forces of the private sec16 tor, governmental agencies at all levels, parents,

17 teachers, communities, and education officials

18 to assist urban public schools in achieving Na19 tional Education Goals; and

20 ‘‘(C) conduct the initial planning for a per21 manent national advisory commission on urban

22 education.

23 ‘‘(b) COMPOSITION OF CONFERENCE.—

24 ‘‘(1) IN GENERAL.—The Conference shall be

25 comprised of 12 individuals, including—
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1 ‘‘(A) representatives of urban public school

2 systems, including members of the governing

3 body of local educational agencies, and school

4 superintendents;

5 ‘‘(B) representatives of the Congress, the

6 Department of Education, and other Federal

7 agencies;

8 ‘‘(C) State elected officials and representa9 tives from State educational agencies; and

10 ‘‘(D) individuals with special knowledge of

11 and expertise in urban education.

12 ‘‘(2) SELECTION.—The President shall select

13 one-third of the participants of the Conference, the

14 majority leader of the Senate, in consultation with

15 the minority leader of the Senate, shall select one16 third of such participants, and the Speaker of the

17 House of Representatives, in consultation with the

18 minority leader of the House, shall select the re19 maining one-third of such participants.

20 ‘‘(3) REPRESENTATION.—In selecting the par21 ticipants of the Conference, the President, the ma22 jority leader of the Senate, and the Speaker of the

23 House of Representatives shall ensure that the par24 ticipants are as representative of the ethnic, racial,

25 and linguistic diversity of cities as is practicable.
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1 ‘‘(c) REPORT.—

2 ‘‘(1) IN GENERAL.—Not later than 120 days

3 following the termination of the Conference, a final

4 report of the Conference, containing such findings

5 and recommendations as may be made by the Con6 ference, shall be submitted to the President. The

7 final report shall be made public and, not later than

8 90 days after receipt by the President, transmitted

9 to the Congress together with a statement of the

10 President containing recommendations for imple11 menting the report.

12 ‘‘(2) PUBLICATION AND DISTRIBUTION.—The

13 Conference is authorized to publish and distribute

14 the report described in this section. Copies of the re15 port shall be provided to the Federal depository li16 braries and made available to local urban public

17 school leaders.

18 ‘‘SEC. 12882. WHITE HOUSE CONFERENCE ON RURAL EDU19 CATION.

20 ‘‘(a) AUTHORIZATION TO CALL CONFERENCE.—

21 ‘‘(1) IN GENERAL.—The President is author22 ized to call and conduct a White House Conference

23 on Rural Education (hereafter in this section re24 ferred to as the ‘Conference’).
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1 ‘‘(2) DATE.—The Conference shall be held not

2 earlier than November 1, 2001, and not later than

3 October 30, 2002.

4 ‘‘(3) PURPOSE.—The purposes of the Con5 ference shall be to—

6 ‘‘(A) develop recommendations and strate7 gies for the improvement of rural public edu8 cation;

9 ‘‘(B) marshal the forces of the private sec10 tor, governmental agencies at all levels, parents,

11 teachers, communities, and education officials

12 to assist rural public schools in achieving Na13 tional Education Goals, and make recommenda14 tions on the roles rural public schools can play

15 to assist with local rural community economic

16 revitalization; and

17 ‘‘(C) conduct the initial planning for a per18 manent national commission on rural public

19 education.

20 ‘‘(b) COMPOSITION OF CONFERENCE.—

21 ‘‘(1) IN GENERAL.—The Conference shall be

22 comprised of—

23 ‘‘(A) representatives of eligible public

24 school systems, including members of the gov-
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1 erning body of local educational agencies, school

2 superintendents, and classroom teachers;

3 ‘‘(B) representatives of the Congress, the

4 Department, and other Federal agencies;

5 ‘‘(C) State elected officials and representa6 tives from State educational agencies;

7 ‘‘(D) individuals with special knowledge of,

8 and expertise in, rural education, including in9 dividuals involved with rural postsecondary edu10 cation; and

11 ‘‘(E) individuals with special knowledge of,

12 and expertise in, rural business.

13 ‘‘(2) SELECTION.—The President shall select

14 one-third of the participants of the Conference, the

15 majority leader of the Senate, in consultation with

16 the minority leader of the Senate, shall select one17 third of such participants, and the Speaker of the

18 House of Representatives, in consultation with the

19 minority leader of the House, shall select the re20 maining one-third of such participants.

21 ‘‘(3) REPRESENTATION.—In selecting the par22 ticipants of the Conference, the President, the ma23 jority leader of the Senate, and the Speaker of the

24 House of Representatives shall ensure that the par25 ticipants are as representative of the ethnic, racial,
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1 and language diversity of rural areas as is prac2 ticable.

3 ‘‘(c) REPORT.—

4 ‘‘(1) IN GENERAL.—Not later than 120 days

5 following the termination of the Conference, a final

6 report of the Conference, containing such findings

7 and recommendations as may be made by the Con8 ference, shall be submitted to the President. The

9 final report shall be made public and, not later than

10 90 days after receipt by the President, transmitted

11 to the Congress together with a statement of the

12 President containing recommendations for imple13 menting the report.

14 ‘‘(2) PUBLICATION AND DISTRIBUTION.—The

15 Conference is authorized to publish and distribute

16 the report described in this section. Copies of the re17 port shall be provided to the Federal depository li18 braries and made available to local rural school lead19 ers and teachers.

20 ‘‘PART J—NATIONAL WRITING PROJECT

21 ‘‘SEC. 12891. FINDINGS.

22 ‘‘The Congress finds that—

23 ‘‘(1) the United States faces a crisis in writing

24 in schools and in the workplace;
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1 ‘‘(2) the writing problem has been magnified by

2 the rapidly changing student populations and the

3 growing number of at-risk students due to limited

4 English proficiency;

5 ‘‘(3) over the past two decades, universities and

6 colleges across the country have reported increasing

7 numbers of entering freshmen who are unable to

8 write at a level equal to the demands of college

9 work;

10 ‘‘(4) American businesses and corporations are

11 concerned about the limited writing skills of entry12 level workers, and a growing number of executives

13 are reporting that advancement was denied to them

14 due to inadequate writing abilities;

15 ‘‘(5) the writing problem has been magnified by

16 the rapidly changing student populations in the Na17 tion’s schools and the growing number of students

18 who are at risk because of limited English pro19 ficiency;

20 ‘‘(6) writing and reading are both fundamental

21 to learning, yet writing has been historically ne22 glected in the schools and colleges, and most teach23 ers in the United States elementary schools, sec24 ondary schools, and colleges have not been trained to

25 teach writing;
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1 ‘‘(7) since 1973, the only national program to

2 address the writing problem in the Nation’s schools

3 has been the National Writing Project, a network of

4 collaborative university-school programs whose goal

5 is to improve the quality of student writing and the

6 teaching of writing at all grade levels and to extend

7 the uses of writing as a learning process through all

8 disciplines;

9 ‘‘(8) the National Writing Project offers sum10 mer and school year inservice teacher training pro11 grams and a dissemination network to inform and

12 teach teachers of developments in the field of writ13 ing;

14 ‘‘(9) the National Writing Project is a nation15 ally recognized and honored nonprofit organization

16 that recognizes that there are teachers in every re17 gion of the country who have developed successful

18 methods for teaching writing and that such teachers

19 can be trained and encouraged to train other teach20 ers;

21 ‘‘(10) the National Writing Project has become

22 a model for programs to improve teaching in such

23 other fields as mathematics, science, history, lit24 erature, performing arts, and foreign languages;
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1 ‘‘(11) the National Writing Project teacher2 teaching-teachers program identifies and promotes

3 what is working in the classrooms of the Nation’s

4 best teachers;

5 ‘‘(12) the National Writing Project teacher6 teaching-teachers project is a positive program that

7 celebrates good teaching practices and good teachers

8 and through its work with schools increases the Na9 tion’s corps of successful classroom teachers;

10 ‘‘(13) evaluations of the National Writing

11 Project document the positive impact the project has

12 had on improving the teaching of writing, student

13 performance, and student thinking and learning abil14 ity;

15 ‘‘(14) the National Writing Project programs

16 offer career-long education to teachers, and teachers

17 participating in the National Writing Project receive

18 graduate academic credit;

19 ‘‘(15) each year over 100,000 teachers volun20 tarily seek training in National Writing Project in21 tensive summer institutes and workshops and school

22 year in-service programs through one of the 154 re23 gional sites located in 45 States, the Commonwealth

24 of Puerto Rico, and in 4 sites that serve United
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1 States teachers in United States dependent and

2 independent schools;

3 ‘‘(16) 250 National Writing Project sites are

4 needed to establish regional sites to serve all teach5 ers;

6 ‘‘(17) private foundation resources, although

7 generous in the past, are inadequate to fund all of

8 the National Writing Project sites needed and the

9 future of the program is in jeopardy without secure

10 financial support;

11 ‘‘(18) independent evaluation studies have

12 found the National Writing Project to be highly cost

13 effective compared to other professional development

14 programs for teachers; and

15 ‘‘(19) during 1991, the first year of Federal

16 support for the National Writing Project, the Na17 tional Writing Project matched the $1,951,975 in

18 Federal support with $9,485,504 in matching funds

19 from State, local, and other sources.

20 ‘‘SEC. 12892. NATIONAL WRITING PROJECT.

21 ‘‘(a) AUTHORIZATION.—The Secretary is authorized

22 to make a grant to the National Writing Project (hereafter

23 in this section referred to as the ‘grantee’), a nonprofit

24 educational organization which has as its primary purpose

25 the improvement of the quality of student writing and
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1 learning, and the teaching of writing as a learning process

2 in the Nation’s classrooms—

3 ‘‘(1) to support and promote the establishment

4 of teacher training programs, including the dissemi5 nation of effective practices and research findings

6 regarding the teaching of writing and administrative

7 activities;

8 ‘‘(2) to support classroom research on effective

9 teaching practice and to document student perform10 ance;

11 ‘‘(3) to coordinate activities assisted under this

12 section with activities assisted under title II; and

13 ‘‘(4) to pay the Federal share of the cost of

14 such programs.

15 ‘‘(b) REQUIREMENTS OF GRANT.—The grant shall

16 provide that—

17 ‘‘(1) the grantee will enter into contracts with

18 institutions of higher education or other nonprofit

19 educational providers (hereafter in this section re20 ferred to as ‘contractors’) under which the contrac21 tors will agree to establish, operate, and provide the

22 non-Federal share of the cost of teacher training

23 programs in effective approaches and processes for

24 the teaching of writing;
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1 ‘‘(2) funds made available by the Secretary to

2 the grantee pursuant to any contract entered into

3 under this section will be used to pay the Federal

4 share of the cost of establishing and operating teach5 er training programs as provided in paragraph (1);

6 and

7 ‘‘(3) the grantee will meet such other conditions

8 and standards as the Secretary determines to be

9 necessary to assure compliance with the provisions

10 of this section and will provide such technical assist11 ance as may be necessary to carry out the provisions

12 of this section.

13 ‘‘(c) TEACHER TRAINING PROGRAMS.—The teacher

14 training programs authorized in subsection (a) shall—

15 ‘‘(1) be conducted during the school year and

16 during the summer months;

17 ‘‘(2) train teachers who teach grades kinder18 garten through college;

19 ‘‘(3) select teachers to become members of a

20 National Writing Project teacher network whose

21 members will conduct writing workshops for other

22 teachers in the area served by each National Writing

23 Project site; and

24 ‘‘(4) encourage teachers from all disciplines to

25 participate in such teacher training programs.
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1 ‘‘(d) FEDERAL SHARE.—

2 ‘‘(1) IN GENERAL.—Except as provided in para3 graph (2) or (3) and for purposes of subsection (a),

4 the term ‘Federal share’ means, with respect to the

5 costs of teacher training programs authorized in

6 subsection (a), 50 percent of such costs to the con7 tractor.

8 ‘‘(2) WAIVER.—The Secretary may waive the

9 provisions of paragraph (1) on a case-by-case basis

10 if the National Advisory Board described in sub11 section (f) determines, on the basis of financial need,

12 that such waiver is necessary.

13 ‘‘(3) MAXIMUM.—The Federal share of the

14 costs of teacher training programs conducted pursu15 ant to subsection (a) may not exceed $40,000 for

16 any one contractor, or $200,000 for a statewide pro17 gram administered by any one contractor in at least

18 five sites throughout the State.

19 ‘‘(e) CLASSROOM TEACHER GRANTS.—

20 ‘‘(1) IN GENERAL.—The National Writing

21 Project may reserve an amount not to exceed 5 per22 cent of the amount appropriated pursuant to the au23 thority of this section to make grants, on a competi24 tive basis, to elementary and secondary school teach-
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1 ers to pay the Federal share of the cost of enabling

2 such teachers to—

3 ‘‘(A) conduct classroom research;

4 ‘‘(B) publish models of student writing;

5 ‘‘(C) conduct research regarding effective

6 practices to improve the teaching of writing;

7 and

8 ‘‘(D) conduct other activities to improve

9 the teaching and uses of writing.

10 ‘‘(2) SUPPLEMENT AND NOT SUPPLANT.—

11 Grants awarded pursuant to paragraph (1) shall be

12 used to supplement and not supplant State and local

13 funds available for the purposes set forth in para14 graph (1).

15 ‘‘(3) MAXIMUM GRANT AMOUNT.—Each grant

16 awarded pursuant to this subsection shall not exceed

17 $2,000.

18 ‘‘(4) FEDERAL SHARE.—For the purpose of

19 this subsection the term ‘Federal share’ means, with

20 respect to the costs of activities assisted under this

21 subsection, 50 percent of such costs to the elemen22 tary or secondary school teacher.

23 ‘‘(f) NATIONAL ADVISORY BOARD.—
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1 ‘‘(1) ESTABLISHMENT.—The National Writing

2 Project shall establish and operate a National Advi3 sory Board.

4 ‘‘(2) COMPOSITION.—The National Advisory

5 Board established pursuant to paragraph (1) shall

6 consist of—

7 ‘‘(A) national educational leaders;

8 ‘‘(B) leaders in the field of writing; and

9 ‘‘(C) such other individuals as the National

10 Writing Project deems necessary.

11 ‘‘(3) DUTIES.—The National Advisory Board

12 established pursuant to paragraph (1) shall—

13 ‘‘(A) advise the National Writing Project

14 on national issues related to student writing

15 and the teaching of writing;

16 ‘‘(B) review the activities and programs of

17 the National Writing Project; and

18 ‘‘(C) support the continued development of

19 the National Writing Project.

20 ‘‘(g) EVALUATION.—

21 ‘‘(1) IN GENERAL.—The Secretary shall con22 duct an independent evaluation by grant or contract

23 of the teacher training programs administered pur24 suant to this Act in accordance with section 14701.

25 Such evaluation shall specify the amount of funds
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1 expended by the National Writing Project and each

2 contractor receiving assistance under this section for

3 administrative costs. The results of such evaluation

4 shall be made available to the appropriate commit5 tees of the Congress.

6 ‘‘(2) FUNDING LIMITATION.—The Secretary

7 shall reserve not more than $150,000 from the total

8 amount appropriated pursuant to the authority of

9 subsection (i) for fiscal year 2001 and the four suc10 ceeding fiscal years to conduct the evaluation de11 scribed in paragraph (1).

12 ‘‘(h) APPLICATION REVIEW.—

13 ‘‘(1) REVIEW BOARD.—The National Writing

14 Project shall establish and operate a National Re15 view Board that shall consist of—

16 ‘‘(A) leaders in the field of research in

17 writing; and

18 ‘‘(B) such other individuals as the Na19 tional Writing Project deems necessary.

20 ‘‘(2) DUTIES.—The National Review Board

21 shall—

22 ‘‘(A) review all applications for assistance

23 under this subsection; and
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1 ‘‘(B) recommend applications for assist2 ance under this subsection for funding by the

3 National Writing Project.

4 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There

5 are authorized to be appropriated for the grant to the Na6 tional Writing Project, $4,000,000 for fiscal year 2002,

7 and such sums as may be necessary for each of the four

8 succeeding fiscal years, to carry out the provisions of this

9 section.’’.

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