In the Senate of the United States,

June 14, 2001.

Resolved, That the bill from the House of Representatives (H.R. 1) entitled ‘‘An Act to close the achievement gap

with accountability, flexibility, and choice, so that no child is

left behind.’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

2 (a) SHORT TITLE.—This Act may be cited as the ‘‘Bet3 ter Education for Students and Teachers Act’’.
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1 (b) TABLE OF CONTENTS.—The table of contents for

2 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. References.

Sec. 3. Elementary and Secondary Education Act of 1965: Short title; purpose;

definitions; uniform provisions.

TITLE I—BETTER RESULTS FOR DISADVANTAGED CHILDREN

Sec. 101. Policy and purpose.

Sec. 102. Authorization of appropriations.

Sec. 103. Reservation and allocation for school improvement.

PART A—BETTER RESULTS FOR DISADVANTAGED CHILDREN

Sec. 111. State plans.

Sec. 112. Local educational agency plans.

Sec. 113. Eligible school attendance areas.

Sec. 114. Schoolwide programs.

Sec. 115. Targeted assistance schools.

Sec. 116. Pupil safety and family school choice.

Sec. 117. Assessment and local educational agency and school improvement.

Sec. 118. Assistance for school support and improvement.

Sec. 118A. Grants for enhanced assessment instruments.

Sec. 119. Parental involvement.

Sec. 120. Professional development.

Sec. 120A. Participation of children enrolled in private schools.

Sec. 120B. Early childhood education.

Sec. 120C. Limitations on funds.

Sec. 120D. Allocations.

Sec. 120E. School year extension activities.

Sec. 120F. Adequacy of funding of targeted grants to local educational agencies

in fiscal years after fiscal year 2001.

PART B—LITERACY FOR CHILDREN AND FAMILIES

Sec. 121. Reading first.

Sec. 122. Early reading initiative.

PART C—EDUCATION OF MIGRATORY CHILDREN

Sec. 131. Program purpose.

Sec. 132. State application.

Sec. 133. Comprehensive plan.

Sec. 134. Coordination.

PART D—INITIATIVES FOR NEGLECTED, DELINQUENT, OR AT RISK YOUTH

Sec. 141. Initiatives for neglected, delinquent, or at risk youth.

PART E—NATIONAL ASSESSMENT OF TITLE I

Sec. 151. National assessment of title I.
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PART F—21ST CENTURY LEARNING CENTERS; COMPREHENSIVE SCHOOL

REFORM; SCHOOL DROPOUT PREVENTION

Sec. 161. 21st century learning centers; comprehensive school reform.

PART G—EDUCATION FOR HOMELESS CHILDREN AND YOUTH

Sec. 171. Statement of policy.

Sec. 172. Grants for State and local activities.

Sec. 173. Local educational agency grants.

Sec. 174. Secretarial responsibilities.

Sec. 175. Definitions.

Sec. 176. Authorization of appropriations.

Sec. 177. Conforming amendments.

Sec. 178. Local educational agency spending audits.

TITLE II—TEACHERS

Sec. 201. Teacher quality.

Sec. 202. Teacher mobility.

Sec. 203. Modification of troops-to-teachers program.

Sec. 204. Professional development.

Sec. 205. Close Up Fellowship Program and National Student/Parent Mock Election.

Sec. 206. Rural technology education academies and early childhood educator

professional development.

Sec. 207. Teachers and principals.

TITLE III—MOVING LIMITED ENGLISH PROFICIENT STUDENTS TO

ENGLISH FLUENCY

Sec. 301. Bilingual education.

TITLE IV—SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES

Sec. 401. Amendment to the Elementary and Secondary Education Act of 1965.

Sec. 402. Gun-free requirements.

Sec. 403. School safety and violence prevention.

Sec. 404. School safety enhancement.

Sec. 405. Amendments to the National Child Protection Act of 1993.

Sec. 406. Environmental tobacco smoke.

Sec. 407. Grants to reduce alcohol abuse.

Sec. 408. Mentoring programs.

Sec. 409. Study concerning the health and learning impacts of dilapidated or environmentally unhealthy public school buildings on America’s

children and the healthy and high performance schools program.

Sec. 410. Amendment to the Individuals with Disabilities Education Act.

TITLE V—PUBLIC SCHOOL CHOICE AND FLEXIBILITY

Sec. 501. Public school choice and flexibility.

Sec. 502. Empowering parents.

TITLE VI—PARENTAL INVOLVEMENT AND ACCOUNTABILITY

Sec. 601. Parental involvement and accountability.

Sec. 602. Guidelines for student privacy.
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TITLE VII—INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE

EDUCATION

Sec. 701. Programs.

Sec. 702. Conforming amendments.

TITLE VIII—IMPACT AID

Sec. 801. Eligibility under section 8003 for certain heavily impacted local educational agencies.

TITLE IX—REPEALS

Sec. 901. Repeals.

TITLE X—MISCELLANEOUS PROVISIONS

Sec. 1001. Independent evaluation.

Sec. 1002. Helping children succeed by fully funding the Individuals with Disabilities Education Act (IDEA).

Sec. 1003. Sense of the Senate; authorization of appropriations for title II of the

Elementary and Secondary Education Act of 1965.

Sec. 1004. Sense of the Senate regarding education opportunity tax relief.

Sec. 1005. Sense of the Senate regarding tax relief for elementary and secondary

educators.

Sec. 1006. Sense of the Senate; authorization of appropriations for title III of the

Elementary and Secondary Education Act of 1965.

Sec. 1007. Grants for the teaching of traditional American history as a separate

subject.

Sec. 1008. Study and information.

Sec. 1009. Sense of the Senate regarding transmittal of S. 27 to House of Representatives.

Sec. 1010. Sense of the Senate; authorization of appropriations for title I of the

Elementary and Secondary Education Act of 1965.

Sec. 1011. Excellence in economic education.

Sec. 1012. Loan forgiveness for Head Start teachers.

Sec. 1013. Sense of the Senate regarding the benefits of music and arts education.

Sec. 1014. Sense of the Senate concerning postal rates for educational materials.

Sec. 1015. The study of the Declaration of Independence, United States Constitution, and the Federalist Papers.

Sec. 1016. Study and recommendation with respect to sexual abuse in schools.

Sec. 1017. Sense of Senate on the percentage of Federal education funding that

is spent in the classroom.

Sec. 1018. Sense of the Senate regarding Bible teaching in public schools.

Sec. 1019. Senior opportunities.

Sec. 1020. Impact aid payments relating to Federal acquisition of real property.

Sec. 1021. Impact aid technical amendments.

Sec. 1022. Sense of the Senate regarding science education.

Sec. 1023. School facility modernization grants.

Sec. 1024. Department of Education campaign to promote access of Armed Forces

recruiters to student directory information.

Sec. 1025. Military recruiting on campus.

Sec. 1026. Maintaining funding for the Individuals with Disabilities Education

Act.

Sec. 1027. School resource officer projects.

Sec. 1028. Boys and Girls Clubs of America.

Sec. 1029. Federal income tax incentive study.
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Sec. 1030. Carl D. Perkins Vocational and Technical Education Act of 1998.

Sec. 1031. Sense of Congress on enhancing awareness of the contributions of veterans to the Nation.

Sec. 1032. Technical amendment to the Kids 2000 Act.

Sec. 1033. Pest management in schools.

TITLE XI—TEACHER PROTECTION

Sec. 1101. Teacher protection.

TITLE XII—NATIVE AMERICAN EDUCATION IMPROVEMENT

Sec. 1201. Short title.

Subtitle A—Amendments to the Education Amendments of 1978

Sec. 1211. Amendments to the Education Amendments of 1978.

Subtitle B—Tribally Controlled Schools Act of 1988

Sec. 1221. Tribally controlled schools.

Sec. 1222. Lease payments by the Ojibwa Indian School.

Sec. 1223. Enrollment and general assistance payments.

TITLE XIII—EQUAL ACCESS TO PUBLIC SCHOOL FACILITIES

Sec. 1301. Short title.

Sec. 1302. Equal access.

Sec. 1303. Effective date.

TITLE XIV—INDIVIDUALS WITH DISABILITIES

Sec. 1401. Discipline.

Sec. 1402. Procedural safeguards.

Sec. 1403. Alternative education for children with disabilities.

TITLE XV—EQUAL ACCESS TO PUBLIC SCHOOL FACILITIES

Sec. 1501. Short title.

Sec. 1502. Equal access.

TITLE XVI—EDUCATION PROGRAMS OF NATIONAL SIGNIFICANCE

Sec. 1601. Amendment to the Elementary and Secondary Education Act of 1965.

TITLE XVII—JOHN H. CHAFEE ENVIRONMENTAL EDUCATION ACT

Sec. 1701. Short title.

Sec. 1702. Office of Environmental Education.

Sec. 1703. Environmental education grants.

Sec. 1704. John H. Chafee Memorial Fellowship Program.

Sec. 1705. National environmental education awards.

Sec. 1706. Environmental Education Advisory Council and Task Force.

Sec. 1707. National Environmental Learning Foundation.

Sec. 1708. Theodore Roosevelt Environmental Stewardship Grant Program.

Sec. 1709. Information standards.

Sec. 1710. Authorization of appropriations.
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1 SEC. 2. REFERENCES.

2 Except as otherwise expressly provided, whenever in

3 this Act an amendment or repeal is expressed in terms of

4 an amendment to, or repeal of, a section or other provision,

5 the reference shall be considered to be made to a section or

6 other provision of the Elementary and Secondary Edu7 cation Act of 1965 (20 U.S.C. 6301 et seq.).

8 SEC. 3. ELEMENTARY AND SECONDARY EDUCATION ACT OF

9 1965: SHORT TITLE; PURPOSE; DEFINITIONS;

10 UNIFORM PROVISIONS.

11 The Act (20 U.S.C. 6301 et seq.) is amended—

12 (1) in the heading for section 1, by striking

13 ‘‘TABLE OF CONTENTS’’ and inserting ‘‘SHORT

14 TITLE’’; and

15 (2) by adding after section 1 the following:

16 ‘‘SEC. 2. PURPOSE.

17 ‘‘It is the purpose of this Act to support programs and

18 activities that will improve the Nation’s schools and enable

19 all children to achieve high standards.

20 ‘‘SEC. 3. DEFINITIONS.

21 ‘‘Except as otherwise provided, in this Act:

22 ‘‘(1) AVERAGE DAILY ATTENDANCE.—

23 ‘‘(A) IN GENERAL.—Except as provided oth24 erwise by State law or this paragraph, the term

25 ‘average daily attendance’ means—
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1 ‘‘(i) the aggregate number of days of

2 attendance of all students during a school

3 year; divided by

4 ‘‘(ii) the number of days school is in

5 session during such school year.

6 ‘‘(B) CONVERSION.—The Secretary shall

7 permit the conversion of average daily member8 ship (or other similar data) to average daily at9 tendance for local educational agencies in States

10 that provide State aid to local educational agen11 cies on the basis of average daily membership or

12 such other data.

13 ‘‘(C) SPECIAL RULE.—If the local edu14 cational agency in which a child resides makes

15 a tuition or other payment for the free public

16 education of the child in a school located in an17 other school district, the Secretary shall, for pur18 poses of this Act—

19 ‘‘(i) consider the child to be in attend20 ance at a school of the agency making such

21 payment; and

22 ‘‘(ii) not consider the child to be in at23 tendance at a school of the agency receiving

24 such payment.
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1 ‘‘(D) CHILDREN WITH DISABILITIES.—If a

2 local educational agency makes a tuition pay3 ment to a private school or to a public school of

4 another local educational agency for a child with

5 a disability, as defined in section 602 of the In6 dividuals with Disabilities Education Act, the

7 Secretary shall, for the purposes of this Act, con8 sider such child to be in attendance at a school

9 of the agency making such payment.

10 ‘‘(2) AVERAGE PER-PUPIL EXPENDITURE.—The

11 term ‘average per-pupil expenditure’ means, in the

12 case of a State or of the United States—

13 ‘‘(A) without regard to the source of

14 funds—

15 ‘‘(i) the aggregate current expenditures,

16 during the third fiscal year preceding the

17 fiscal year for which the determination is

18 made (or, if satisfactory data for that year

19 are not available, during the most recent

20 preceding fiscal year for which satisfactory

21 data are available) of all local educational

22 agencies in the State or, in the case of the

23 United States for all States (which, for the

24 purpose of this paragraph, means the 50

25 States and the District of Columbia); plus
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1 ‘‘(ii) any direct current expenditures

2 by the State for the operation of such agen3 cies; divided by

4 ‘‘(B) the aggregate number of children in

5 average daily attendance to whom such agencies

6 provided free public education during such pre7 ceding year.

8 ‘‘(3) CHILD.—The term ‘child’ means any person

9 within the age limits for which the State provides free

10 public education.

11 ‘‘(4) COMMUNITY-BASED ORGANIZATION.—The

12 term ‘community-based organization’ means a public

13 or private nonprofit organization of demonstrated ef14 fectiveness that—

15 ‘‘(A) is representative of a community or

16 significant segments of a community; and

17 ‘‘(B) provides educational or related services

18 to individuals in the community.

19 ‘‘(5) CONSOLIDATED LOCAL APPLICATION.—The

20 term ‘consolidated local application’ means an appli21 cation submitted by a local educational agency pursu22 ant to section 5505.

23 ‘‘(6) CONSOLIDATED LOCAL PLAN.—The term

24 ‘consolidated local plan’ means a plan submitted by

25 a local educational agency pursuant to section 5505.
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1 ‘‘(7) CONSOLIDATED STATE APPLICATION.—The

2 term ‘consolidated State application’ means an appli3 cation submitted by a State educational agency after

4 consultation with the Governor pursuant to section

5 5502.

6 ‘‘(8) CONSOLIDATED STATE PLAN.—The term

7 ‘consolidated State plan’ means a plan submitted by

8 a State educational agency after consultation with the

9 Governor pursuant to section 5502.

10 ‘‘(9) COUNTY.—The term ‘county’ means one of

11 the divisions of a State used by the Secretary of Com12 merce in compiling and reporting data regarding

13 counties.

14 ‘‘(10) COVERED PROGRAM.—The term ‘covered

15 program’ means each of the programs authorized

16 by—

17 ‘‘(A) part A of title I;

18 ‘‘(B) part C of title I;

19 ‘‘(C) part C of title II;

20 ‘‘(D) part A of title IV (other than section

21 4114); and

22 ‘‘(E) subpart 4 of part B of title V.

23 ‘‘(11) CURRENT EXPENDITURES.—The term ‘cur24 rent expenditures’ means expenditures for free public

25 education—
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1 ‘‘(A) including expenditures for administra2 tion, instruction, attendance and health services,

3 pupil transportation services, operation and

4 maintenance of plant, fixed charges, and net ex5 penditures to cover deficits for food services and

6 student body activities; but

7 ‘‘(B) not including expenditures for commu8 nity services, capital outlay, and debt service, or

9 any expenditures made from funds received

10 under subpart 4 of part B of title V.

11 ‘‘(12) DEPARTMENT.—The term ‘Department’

12 means the Department of Education.

13 ‘‘(13) EDUCATIONAL SERVICE AGENCY.—The

14 term ‘educational service agency’ means a regional

15 public multiservice agency authorized by State statute

16 to develop, manage, and provide services or programs

17 to local educational agencies.

18 ‘‘(14) ELEMENTARY SCHOOL.—The term ‘elemen19 tary school’ means a nonprofit institutional day or

20 residential school, including a public elementary

21 charter school, that provides elementary education, as

22 determined under State law.

23 ‘‘(15) FREE PUBLIC EDUCATION.—The term ‘free

24 public education’ means education that is provided—
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1 ‘‘(A) at public expense, under public super2 vision and direction, and without tuition charge;

3 and

4 ‘‘(B) as elementary school or secondary

5 school education as determined under applicable

6 State law, except that such term does not include

7 any education provided beyond grade 12.

8 ‘‘(16) GIFTED AND TALENTED.—The term ‘gifted

9 and talented’, when used with respect to students,

10 children or youth, means students, children or youth

11 who give evidence of high performance capability in

12 areas such as intellectual, creative, artistic, or leader13 ship capacity, or in specific academic fields, and who

14 require services or activities not ordinarily provided

15 by the school in order to fully develop such capabili16 ties.

17 ‘‘(17) INSTITUTION OF HIGHER EDUCATION.—

18 The term ‘institution of higher education’ has the

19 meaning given the term in section 101 of the Higher

20 Education Act of 1965.

21 ‘‘(18) LOCAL EDUCATIONAL AGENCY.—

22 ‘‘(A) IN GENERAL.—The term ‘local edu23 cational agency’ means a public board of edu24 cation or other public authority legally con25 stituted within a State for either administrative
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1 control or direction of, or to perform a service

2 function for, public elementary schools or sec3 ondary schools in a city, county, township,

4 school district, or other political subdivision of a

5 State, or for such combination of school districts

6 or counties as are recognized in a State as an

7 administrative agency for the State’s public ele8 mentary or secondary schools.

9 ‘‘(B) ADMINISTRATIVE CONTROL AND DI10 RECTION.—The term includes any other public

11 institution or agency having administrative con12 trol and direction of a public elementary school

13 or secondary school.

14 ‘‘(C) BIA SCHOOLS.—The term includes an

15 elementary school or secondary school funded by

16 the Bureau of Indian Affairs but only to the ex17 tent that such inclusion makes such school eligi18 ble for programs for which specific eligibility is

19 not provided to such school in another provision

20 of law and such school does not have a student

21 population that is smaller than the student pop22 ulation of the local educational agency receiving

23 assistance under this Act with the smallest stu24 dent population, except that such school shall not

25 be subject to the jurisdiction of any State edu-
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1 cational agency other than the Bureau of Indian

2 Affairs.

3 ‘‘(19) MENTORING.—The term ‘mentoring’, when

4 used with respect to mentoring other than teacher

5 mentoring, means a program in which an adult

6 works with a child or youth on a 1-to-1 basis, estab7 lishing a supportive relationship, providing academic

8 assistance, and introducing the child or youth to new

9 experiences that enhance the child or youth’s ability

10 to excel in school and become a responsible citizen.

11 ‘‘(20) OTHER STAFF.—The term ‘other staff’

12 means pupil services personnel, librarians, career

13 guidance and counseling personnel, education aides,

14 and other instructional and administrative personnel.

15 ‘‘(21) OUTLYING AREA.—The term ‘outlying

16 area’ means the United States Virgin Islands, Guam,

17 American Samoa, the Commonwealth of the Northern

18 Mariana Islands, and for the purpose of section 1121

19 and any other discretionary grant program under

20 this Act, the Republic of the Marshall Islands, the

21 Federated States of Micronesia, and the Republic of

22 Palau.

23 ‘‘(22) PARENT.—The term ‘parent’ includes a

24 legal guardian or other person standing in loco

25 parentis.
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1 ‘‘(23) PARENTAL INVOLVEMENT.—The term ‘pa2 rental involvement’ means the participation of par3 ents in regular, two-way, and meaningful commu4 nication, including ensuring—

5 ‘‘(A) that parenting skills are promoted and

6 supported;

7 ‘‘(B) that parents play an integral role in

8 assisting student learning;

9 ‘‘(C) that parents are welcome in the

10 schools;

11 ‘‘(D) that parents are included in decision12 making and advisory committees; and

13 ‘‘(E) the carrying out of other activities de14 scribed in section 1118.

15 ‘‘(24) PUBLIC TELECOMMUNICATIONS ENTITY.—

16 The term ‘public telecommunication entity’ has the

17 same meaning given to such term in section 397 of

18 the Communications Act of 1934.

19 ‘‘(25) PUPIL SERVICES PERSONNEL; PUPIL SERV20 ICES.—

21 ‘‘(A) PUPIL SERVICES PERSONNEL.—The

22 term ‘pupil services personnel’ means school

23 counselors, school social workers, school psycholo24 gists, and other qualified professional personnel

25 involved in providing assessment, diagnosis,
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1 counseling, educational, therapeutic, and other

2 necessary services (including related services as

3 such term is defined in section 602 of the Indi4 viduals with Disabilities Education Act) as part

5 of a comprehensive program to meet student

6 needs.

7 ‘‘(B) PUPIL SERVICES.—The term ‘pupil

8 services’ means the services provided by pupil

9 services personnel.

10 ‘‘(26) SCIENTIFICALLY BASED RESEARCH.—The

11 term ‘scientifically based research’ used with respect

12 to an activity or a program, means an activity based

13 on specific strategies and implementation of such

14 strategies that, based on theory, research and evalua15 tion, are effective in improving student achievement

16 and performance and other program objectives.

17 ‘‘(27) SECONDARY SCHOOL.—The term ‘sec18 ondary school’ means a nonprofit institutional day or

19 residential school, including a public secondary char20 ter school, that provides secondary education, as de21 termined under State law, except that such term does

22 not include any education beyond grade 12.

23 ‘‘(28) SECRETARY.—The term ‘Secretary’ means

24 the Secretary of Education.
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1 ‘‘(29) STATE.—The term ‘State’ means each of

2 the 50 States, the District of Columbia, the Common3 wealth of Puerto Rico, and each of the outlying areas.

4 ‘‘(30) STATE EDUCATIONAL AGENCY.—The term

5 ‘State educational agency’ means the agency pri6 marily responsible for the State supervision of public

7 elementary schools and secondary schools.

8 ‘‘(31) TEACHER MENTORING.—The term ‘teacher

9 mentoring’ means activities that—

10 ‘‘(A) consist of structured guidance and reg11 ular and ongoing support for beginning teachers,

12 that—

13 ‘‘(i) are designed to help the teachers

14 continue to improve their practice of teach15 ing and to develop their instructional skills;

16 and

17 ‘‘(ii) as part of a multiyear, develop18 mental induction process—

19 ‘‘(I) involve the assistance of a

20 mentor teacher and other appropriate

21 individuals from a school, local edu22 cational agency, or institution of high23 er education; and
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1 ‘‘(II) may include coaching, class2 room observation, team teaching, and

3 reduced teaching loads; and

4 ‘‘(B) may include the establishment of a

5 partnership by a local educational agency with

6 an institution of higher education, another local

7 educational agency, a teacher organization, or

8 another organization.

9 ‘‘(32) TECHNOLOGY.—The term ‘technology’

10 means state-of-the-art technology products and serv11 ices, such as closed circuit television systems, edu12 cational television and radio programs and services,

13 cable television, satellite, copper and fiber optic trans14 mission, computer hardware and software, servers

15 and storage devices, video and audio laser and CD–

16 ROM discs, video and audio tapes, web-based and

17 other digital learning resources, including online

18 classes, interactive tutorials, and interactive tools and

19 virtual learning environments, hand-held devices,

20 wireless technology, voice recognition systems, and

21 high-quality digital video, distance learning networks,

22 visualization, modeling, and simulation software, and

23 learning focused digital libraries and information re24 trieval systems.
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1 ‘‘SEC. 4. MAINTENANCE OF EFFORT.

2 ‘‘(a) IN GENERAL.—A local educational agency may

3 receive funds under a covered program for any fiscal year

4 only if the State educational agency finds that either the

5 combined fiscal effort per student or the aggregate expendi6 tures of such agency and the State with respect to the provi7 sion of free public education by such agency for the pre8 ceding fiscal year was not less than 90 percent of such com9 bined fiscal effort or aggregate expenditures for the second

10 preceding fiscal year.

11 ‘‘(b) REDUCTION IN CASE OF FAILURE TO MEET.—

12 ‘‘(1) IN GENERAL.—The State educational agen13 cy shall reduce the amount of the allocation of funds

14 under a covered program in any fiscal year in the

15 exact proportion to which a local educational agency

16 fails to meet the requirement of subsection (a) by fall17 ing below 90 percent of both the combined fiscal effort

18 per student and aggregate expenditures (using the

19 measure most favorable to such local agency).

20 ‘‘(2) SPECIAL RULE.—No such lesser amount

21 shall be used for computing the effort required under

22 subsection (a) for subsequent years.

23 ‘‘(c) WAIVER.—The Secretary may waive the require24 ments of this section if the Secretary determines that such

25 a waiver would be equitable due to—
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1 ‘‘(1) exceptional or uncontrollable circumstances

2 such as a natural disaster; or

3 ‘‘(2) a precipitous decline in the financial re4 sources of the local educational agency.

5 ‘‘SEC. 5. PROHIBITION REGARDING STATE AID.

6 ‘‘A State shall not take into consideration payments

7 under this Act (other than under title VIII) in determining

8 the eligibility of any local educational agency in such State

9 for State aid, or the amount of State aid, with respect to

10 free public education of children.

11 ‘‘SEC. 6. PARTICIPATION BY PRIVATE SCHOOL CHILDREN

12 AND TEACHERS.

13 ‘‘(a) PRIVATE SCHOOL PARTICIPATION.—

14 ‘‘(1) IN GENERAL.—Except as otherwise provided

15 in this Act, to the extent consistent with the number

16 of eligible children in a State educational agency,

17 local educational agency, or educational service agen18 cy or consortium of such agencies receiving financial

19 assistance under a program specified in subsection

20 (b), who are enrolled in private elementary and sec21 ondary schools in such agency or consortium, such

22 agency or consortium shall, after timely and mean23 ingful consultation with appropriate private school

24 officials provide, on an equitable basis, such children

25 special educational services or other benefits under
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1 such program, and provide their teachers and other

2 education personnel serving such children training

3 and professional development services under such pro4 gram.

5 ‘‘(2) SECULAR, NEUTRAL, AND NONIDEOLOGICAL

6 SERVICES OR BENEFITS.—Educational services or

7 other benefits, including materials and equipment,

8 provided under this section, shall be secular, neutral,

9 and nonideological.

10 ‘‘(3) SPECIAL RULE.—Educational services and

11 other benefits provided under this section for such pri12 vate school children, teachers, and other educational

13 personnel shall be equitable in comparison to services

14 and other benefits for public school children, teachers,

15 and other educational personnel participating in such

16 program.

17 ‘‘(4) EXPENDITURES.—Expenditures for edu18 cational services and other benefits provided under

19 this section to eligible private school children, their

20 teachers, and other educational personnel serving such

21 children shall be equal, taking into account the num22 ber and educational needs of the children to be served,

23 to the expenditures for participating public school

24 children.
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1 ‘‘(5) PROVISION OF SERVICES.—Such agency or

2 consortium described in subsection (a)(1) may pro3 vide such services directly or through contracts with

4 public and private agencies, organizations, and insti5 tutions.

6 ‘‘(b) APPLICABILITY.—

7 ‘‘(1) IN GENERAL.—This section applies to pro8 grams under—

9 ‘‘(A) subpart 2 of part B of title I;

10 ‘‘(B) part C of title I (migrant education);

11 ‘‘(C) parts A, (B) and C of title II;

12 ‘‘(D) title III; and

13 ‘‘(E) part A of title IV (other than section

14 4114).

15 ‘‘(2) DEFINITION.—For the purposes of this sec16 tion, the term ‘‘eligible children’’ means children eli17 gible for services under a program described in para18 graph (1).

19 ‘‘(c) CONSULTATION.—

20 ‘‘(1) IN GENERAL.—To ensure timely and mean21 ingful consultation, a State educational agency, local

22 educational agency, educational service agency or

23 consortium of such agencies shall consult with appro24 priate private school officials during the design and
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1 development of the programs under this Act, on issues

2 such as—

3 ‘‘(A) how the children’s needs will be identi4 fied;

5 ‘‘(B) what services will be offered;

6 ‘‘(C) how and where the services will be pro7 vided; and

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

9 ‘‘(2) TIMING.—Such consultation shall occur be10 fore the agency or consortium makes any decision

11 that affects the opportunities of eligible private school

12 children, teachers, and other educational personnel to

13 participate in programs under this Act.

14 ‘‘(3) DISCUSSION REQUIRED.—Such consultation

15 shall include a discussion of service delivery mecha16 nisms that the agency or consortium could use to pro17 vide equitable services to eligible private school chil18 dren, teachers, administrators, and other staff.

19 ‘‘(d) PUBLIC CONTROL OF FUNDS.—

20 ‘‘(1) IN GENERAL.—The control of funds used to

21 provide services under this section, and title to mate22 rials, equipment, and property purchased with such

23 funds, shall be in a public agency for the uses and

24 purposes provided in this Act, and a public agency

25 shall administer such funds and property.
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1 ‘‘(2) PROVISION OF SERVICES.—(A) The provi2 sion of services under this section shall be provided—

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

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

5 with an individual, association, agency, or orga6 nization.

7 ‘‘(B) In the provision of such services, such em8 ployee, person, association, agency, or organization

9 shall be independent of such private school and of any

10 religious organization, and such employment or con11 tract shall be under the control and supervision of

12 such public agency.

13 ‘‘(C) Funds used to provide services under this

14 section shall not be commingled with non-Federal

15 funds.

16 ‘‘SEC. 7. STANDARDS FOR BY-PASS.

17 ‘‘If, by reason of any provision of law, a State edu18 cational agency, local educational agency, educational serv19 ice agency or consortium of such agencies is prohibited from

20 providing for the participation in programs of children en21 rolled in, or teachers or other educational personnel from,

22 private elementary and secondary schools, on an equitable

23 basis, or if the Secretary determines that such agency or

24 consortium has substantially failed or is unwilling to pro-
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1 vide for such participation, as required by section 6, the

2 Secretary shall—

3 ‘‘(1) waive the requirements of that section for

4 such agency or consortium; and

5 ‘‘(2) arrange for the provision of equitable serv6 ices to such children, teachers, or other educational

7 personnel through arrangements that shall be subject

8 to the requirements of this section and of sections 6,

9 8, and 9.

10 ‘‘SEC. 8. COMPLAINT PROCESS FOR PARTICIPATION OF PRI11 VATE SCHOOL CHILDREN.

12 ‘‘(a) PROCEDURES FOR COMPLAINTS.—The Secretary

13 shall develop and implement written procedures for receiv14 ing, investigating, and resolving complaints from parents,

15 teachers, or other individuals and organizations concerning

16 violations of section 6 by a State educational agency, local

17 educational agency, educational service agency, or consor18 tium of such agencies. Such individual or organization

19 shall submit such complaint to the State educational agency

20 for a written resolution by the State educational agency

21 within a reasonable period of time.

22 ‘‘(b) APPEALS TO THE SECRETARY.—Such resolution

23 may be appealed by an interested party to the Secretary

24 not later than 30 days after the State educational agency

25 resolves the complaint or fails to resolve the complaint with-
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1 in a reasonable period of time. Such appeal shall be accom2 panied by a copy of the State educational agency’s resolu3 tion, and a complete statement of the reasons supporting

4 the appeal. The Secretary shall investigate and resolve each

5 such appeal not later than 120 days after receipt of the

6 appeal.

7 ‘‘SEC. 9. BY-PASS DETERMINATION PROCESS.

8 ‘‘(a) REVIEW.—

9 ‘‘(1) IN GENERAL.—(A) The Secretary shall not

10 take any final action under section 7 until the State

11 educational agency, local educational agency, edu12 cational service agency, or consortium of such agen13 cies affected by such action has had an opportunity,

14 for not less than 45 days after receiving written no15 tice thereof, to submit written objections and to ap16 pear before the Secretary to show cause why that ac17 tion should not be taken.

18 ‘‘(B) Pending final resolution of any investiga19 tion or complaint that could result in a determina20 tion under this section, the Secretary may withhold

21 from the allocation of the affected State or local edu22 cational agency the amount estimated by the Sec23 retary to be necessary to pay the cost of those services.

24 ‘‘(2) PETITION FOR REVIEW.—(A) If such af25 fected agency or consortium is dissatisfied with the
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1 Secretary’s final action after a proceeding under

2 paragraph (1), such agency or consortium may, with3 in 60 days after notice of such action, file with the

4 United States court of appeals for the circuit in

5 which such State is located a petition for review of

6 that action.

7 ‘‘(B) A copy of the petition shall be forthwith

8 transmitted by the clerk of the court to the Secretary.

9 ‘‘(C) The Secretary upon receipt of the copy of

10 the petition shall file in the court the record of the

11 proceedings on which the Secretary based this action,

12 as provided in section 2112 of title 28, United States

13 Code.

14 ‘‘(3) FINDINGS OF FACT.—(A) The findings of

15 fact by the Secretary, if supported by substantial evi16 dence, shall be conclusive, but the court, for good

17 cause shown, may remand the case to the Secretary

18 to take further evidence and the Secretary may then

19 make new or modified findings of fact and may mod20 ify the Secretary’s previous action, and shall file in

21 the court the record of the further proceedings.

22 ‘‘(B) Such new or modified findings of fact shall

23 likewise be conclusive if supported by substantial evi24 dence.
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1 ‘‘(4) JURISDICTION.—(A) Upon the filing of such

2 petition, the court shall have jurisdiction to affirm the

3 action of the Secretary or to set such action aside, in

4 whole or in part.

5 ‘‘(B) The judgment of the court shall be subject

6 to review by the Supreme Court of the United States

7 upon certiorari or certification as provided in section

8 1254 of title 28, United States Code.

9 ‘‘(b) DETERMINATION.—Any determination by the

10 Secretary under this section shall continue in effect until

11 the Secretary determines, in consultation with such agency

12 or consortium and representatives of the affected private

13 school children, teachers, or other educational personnel that

14 there will no longer be any failure or inability on the part

15 of such agency or consortium to meet the applicable require16 ments of section 6 or any other provision of this Act.

17 ‘‘(c) PAYMENT FROM STATE ALLOTMENT.—When the

18 Secretary arranges for services pursuant to this section, the

19 Secretary shall, after consultation with the appropriate

20 public and private school officials, pay the cost of such serv21 ices, including the administrative costs of arranging for

22 those services, from the appropriate allocation or allocations

23 under this Act.

24 ‘‘(d) PRIOR DETERMINATION.—Any by-pass deter25 mination by the Secretary under this Act as in effect on
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1 the day preceding the date of enactment of the Improving

2 America’s Schools Act of 1994 shall remain in effect to the

3 extent the Secretary determines that such determination is

4 consistent with the purpose of this section.

5 ‘‘SEC. 10. PROHIBITION AGAINST FUNDS FOR RELIGIOUS

6 WORSHIP OR INSTRUCTION.

7 ‘‘Nothing contained in this Act shall be construed to

8 authorize the making of any payment under this Act for

9 religious worship or instruction.

10 ‘‘SEC. 11. APPLICABILITY TO HOME SCHOOLS.

11 ‘‘Nothing in this Act shall be construed to affect home

12 schools.

13 ‘‘SEC. 12. GENERAL PROVISION REGARDING NONRECIPIENT

14 NONPUBLIC SCHOOLS.

15 ‘‘Nothing in this Act shall be construed to permit,

16 allow, encourage, or authorize any Federal control over any

17 aspect of any private, religious, or home school, whether or

18 not a home school is treated as a private school or home

19 school under State law. This section shall not be construed

20 to bar private, religious, or home schools from participation

21 in programs or services under this Act.

22 ‘‘SEC. 13. SCHOOL PRAYER.

23 ‘‘Any State or local educational agency that is ad24 judged by a Federal court of competent jurisdiction to have

25 willfully violated a Federal court order mandating that
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1 such local educational agency remedy a violation of the con2 stitutional right of any student with respect to prayer in

3 public schools, in addition to any other judicial remedies,

4 shall be ineligible to receive Federal funds under this Act

5 until such time as the local educational agency complies

6 with such order. Funds that are withheld under this section

7 shall not be reimbursed for the period during which the local

8 educational agency was in willful noncompliance.

9 ‘‘SEC. 14. GENERAL PROHIBITIONS.

10 ‘‘(a) PROHIBITION.—None of the funds authorized

11 under this Act shall be used—

12 ‘‘(1) to develop or distribute materials, or oper13 ate programs or courses of instruction directed at

14 youth that are designed to promote or encourage, sex15 ual activity, whether homosexual or heterosexual;

16 ‘‘(2) to distribute or to aid in the distribution by

17 any organization of legally obscene materials to mi18 nors on school grounds;

19 ‘‘(3) to provide sex education or HIV prevention

20 education in schools unless such instruction is age ap21 propriate and includes the health benefits of absti22 nence; or

23 ‘‘(4) to operate a program of condom distribu24 tion in schools.
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1 ‘‘(b) LOCAL CONTROL.—Nothing in this section shall

2 be construed to—

3 ‘‘(1) authorize an officer or employee of the Fed4 eral Government to mandate, direct, review, or con5 trol a State, local educational agency, or schools’ in6 structional content, curriculum, and related activities;

7 ‘‘(2) limit the application of the General Edu8 cation Provisions Act;

9 ‘‘(3) require the distribution of scientifically or

10 medically false or inaccurate materials or to prohibit

11 the distribution of scientifically or medically true or

12 accurate materials; or

13 ‘‘(4) create any legally enforceable right.

14 ‘‘SEC. 15. PROHIBITION ON FEDERAL MANDATES, DIREC15 TION, AND CONTROL.

16 ‘‘Nothing in this Act shall be construed to authorize

17 an officer or employee of the Federal Government to man18 date, direct, or control a State, local educational agency,

19 or school’s curriculum, program of instruction, or allocation

20 of State or local resources, or mandate a State or any sub21 division thereof to spend any funds or incur any costs not

22 paid for under this Act.

23 ‘‘SEC. 16. ADDITIONAL LIMITATIONS ON NATIONAL TEST24 ING.

25 ‘‘(a) NATIONAL TESTING.—
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1 ‘‘(1) IN GENERAL.—Notwithstanding any other

2 provision of this Act or any other provision of law,

3 and except as provided in paragraph (2), no funds

4 available to the Department or otherwise available

5 under this Act may be used for any purpose relating

6 to a nationwide test in reading, mathematics, or any

7 other subject, including test development, pilot testing,

8 field testing, test implementation, test administration,

9 test distribution, or any other purpose.

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

11 apply to the following:

12 ‘‘(A) The National Assessment of Edu13 cational Progress carried out under sections 411

14 through 413 of the Improving America’s Schools

15 Act of 1994 (20 U.S.C. 9010–9012).

16 ‘‘(B) The Third International Math and

17 Science Study (TIMSS).

18 ‘‘(b) MANDATORY NATIONAL TESTING OR CERTIFI19 CATION OF TEACHERS.—Notwithstanding any other provi20 sion of this Act or any other provision of law, no funds

21 available to the Department or otherwise available under

22 this Act may be used for any purpose relating to a manda23 tory nationwide test or certification of teachers or education

24 paraprofessionals, including any planning, development,
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1 implementation, or administration of such test or certifi2 cation.

3 ‘‘(c) DEVELOPMENT OF DATABASE OF PERSONALLY

4 IDENTIFIABLE INFORMATION.—Nothing in this Act (other

5 than section 1308(b)) shall be construed to authorize the de6 velopment of a nationwide database of personally identifi7 able information on individuals involved in studies or other

8 collections of data under this Act.

9 ‘‘SEC. 17. ADDITIONAL LIMITATIONS AND PROTECTIONS RE10 GARDING PRIVATE, RELIGIOUS, AND HOME

11 SCHOOLS.

12 ‘‘(a) APPLICABILITY TO HOME SCHOOLS.—(1) Nothing

13 in this Act shall be construed to affect home schools, whether

14 or not a home school is treated as a home school or a private

15 school under State law or to require any home schooled stu16 dent to participate in any assessment referenced in this Act.

17 ‘‘(2) CONSTRUCTION OF SUPERSEDED PROVISION.—

18 Section 11 shall have no force or effect.

19 ‘‘(b) APPILICABILITY TO PRIVATE SCHOOLS.—Nothing

20 in this Act shall be construed to affect any private school

21 that does not receive funds or services under this Act, or

22 to require any student who attends a private school that

23 does not receive funds or services under this Act to partici24 pate in any assessment referenced in this Act.
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1 ‘‘(c) APPLICABILITY TO PRIVATE, RELIGIONS, AND

2 HOME SCHOOLS OF GENERAL PROVISION REGARDING RE3 CIPIENT NONPUBLIC SCHOOLS.—

4 ‘‘(1) IN GENERAL.—Nothing in this Act or any

5 other Act administered by the Secretary shall be con6 strued to permit, allow, encourage, or authorize any

7 Federal control over any aspect of any private, reli8 gious, or home school, whether or not a home school

9 is treated as a private school or home school under

10 State law. This section shall not be construed to bar

11 private, religious, and home schools from participa12 tion in programs and services under this Act.

13 ‘‘(2) CONSTRUCTION OF SUPERSEDED PROVI14 SION.—Section 12 shall have no force or effect.

15 ‘‘(d) APPLICABILITY OF GUN-FREE SCHOOL PROVI16 SIONS TO HOME SCHOOLS.—Notwithstanding any provi17 sion of part B of title IV, for purposes of that part, the

18 term ‘school’ shall not include a home school, regardless of

19 whether or not a home school is treated as a private school

20 or home school under State law.

21 ‘‘(e) STATE AND LOCAL EDUCATIONAL AGENCY MAN22 DATES REGARDING PRIVATE AND HOME SCHOOL CUR23 RICULA.—Nothing in this Act shall be construed to require

24 any State or local educational agency that receives funds

25 under this Act from mandating, directing, or controlling
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1 the curriculum of a private or home school, regardless of

2 whether or not a home school is treated as a private school

3 or home school under State law, nor shall any funds under

4 this Act be used for this purpose.

5 ‘‘SEC. 18. PROHIBITION ON DISCRIMINATION.

6 ‘‘Nothing in this Act shall be construed to require, au7 thorize, or permit, the Secretary, or a State, local edu8 cational agency, or school to grant to a student, or deny

9 or impose upon a student, any financial or educational ben10 efit or burden, in violation of the fifth or 14th amendments

11 to the Constitution or other law relating to discrimination

12 in the provision of federally funded programs or activi13 ties.’’.

14 TITLE I—BETTER RESULTS FOR

15 DISADVANTAGED CHILDREN

16 SEC. 101. POLICY AND PURPOSE.

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

18 follows:

19 ‘‘SEC. 1001. STATEMENT OF PURPOSE.

20 ‘‘The purpose of this title is to enable schools to provide

21 opportunities for children served under this title to acquire

22 the knowledge and skills contained in the challenging State

23 content standards and to meet the challenging State student

24 performance standards developed for all children. This pur25 pose should be accomplished by—
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1 ‘‘(1) ensuring high standards for all children

2 and aligning the efforts of States, local educational

3 agencies, and schools to help children served under

4 this title to reach such standards;

5 ‘‘(2) providing children an enriched and acceler6 ated educational program, including the use of

7 schoolwide programs or additional services that in8 crease the amount and quality of instructional time

9 so that children served under this title receive at least

10 the classroom instruction that other children receive;

11 ‘‘(3) promoting schoolwide reform and ensuring

12 access of children (from the earliest grades, including

13 prekindergarten) to effective instructional strategies

14 and challenging academic content that includes inten15 sive complex thinking and problem-solving experi16 ences;

17 ‘‘(4) significantly elevating the quality of in18 struction by providing staff in participating schools

19 with substantial opportunities for professional devel20 opment;

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

22 title with each other, with other educational services,

23 and to the extent feasible, with other agencies pro24 viding services to youth, children, and families that

25 are funded from other sources;
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1 ‘‘(6) affording parents substantial and meaning2 ful opportunities to participate in the education of

3 their children at home and at school;

4 ‘‘(7) distributing resources in amounts sufficient

5 to make a difference to local educational agencies and

6 schools where needs are greatest;

7 ‘‘(8) improving and strengthening account8 ability, teaching, and learning by using State assess9 ment systems designed to measure how well children

10 served under this title are achieving challenging State

11 student performance standards expected of all chil12 dren; and

13 ‘‘(9) providing greater decisionmaking authority

14 and flexibility to schools and teachers in exchange for

15 greater responsibility for student performance.’’.

16 SEC. 102. AUTHORIZATION OF APPROPRIATIONS.

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

18 follows:

19 ‘‘SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.

20 ‘‘(a) LOCAL EDUCATIONAL AGENCY GRANTS.—

21 ‘‘(1) SHORT TITLE.—This subsection may be

22 cited as the ‘Equal Educational Opportunity Act’.

23 ‘‘(2) AUTHORIZATION.—For the purpose of car24 rying out part A, other than section 1120(e), there are

25 authorized to be appropriated—
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1 ‘‘(A) $15,000,000,000 for fiscal year 2002;

2 ‘‘(B) $18,240,000,000 for fiscal year 2003;

3 ‘‘(C) $21,480,000,000 for fiscal year 2004;

4 ‘‘(D) $24,720,000,000 for fiscal year 2005;

5 ‘‘(E) $27,960,000,000 for fiscal year 2006;

6 ‘‘(F) $31,200,000,000 for fiscal year 2007;

7 ‘‘(G) $34,440,000,000 for fiscal year 2008;

8 ‘‘(H) $37,680,000,000 for fiscal year 2009;

9 ‘‘(I) $40,920,000,000 for fiscal year 2010;

10 and

11 ‘‘(J) $44,164,000,000 for fiscal year 2011.

12 ‘‘(b) READING FIRST.—

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

14 out subpart 1 of part B, there are authorized to be

15 appropriated $250,000,000 for fiscal year 2002 and

16 such sums as may be necessary for each of the 6 suc17 ceeding fiscal years.

18 ‘‘(2) READING FIRST.—For the purpose of car19 rying out subpart 2 of part B, there are authorized

20 to be appropriated $900,000,000 for fiscal year 2002

21 and such sums as may be necessary for each of the

22 6 succeeding fiscal years.

23 ‘‘(3) EARLY READING FIRST.—For the purpose of

24 carrying out subpart 3 of part B, there are authorized

25 to be appropriated $75,000,000 for fiscal year 2002
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1 and such sums as may be necessary for each of the

2 6 succeeding fiscal years.

3 ‘‘(c) EDUCATION OF MIGRATORY CHILDREN.—For the

4 purpose of carrying out part C, there are authorized to be

5 appropriated $400,000,000 for fiscal year 2002 and such

6 sums as may be necessary for each of the 6 succeeding fiscal

7 years.

8 ‘‘(d) PREVENTION AND INTERVENTION PROGRAMS FOR

9 YOUTH WHO ARE NEGLECTED, DELINQUENT, OR AT RISK

10 OF DROPPING OUT.—For the purpose of carrying out part

11 D, there are authorized to be appropriated $50,000,000 for

12 fiscal year 2002 and such sums as may be necessary for

13 each of the 6 succeeding fiscal years.

14 ‘‘(e) CAPITAL EXPENSES.—For the purpose of carrying

15 out section 1120(e), there are authorized to be appropriated

16 $15,000,000 for fiscal year 2002, $15,000,000 for fiscal year

17 2003, and $5,000,000 for fiscal year 2004.

18 ‘‘(f) FEDERAL ACTIVITIES.—

19 ‘‘(1) SECTION 1501.—For the purpose of carrying

20 out section 1501, there are authorized to be appro21 priated $10,000,000 for fiscal year 2002 and such

22 sums as may be necessary for each of the 6 succeeding

23 fiscal years.

24 ‘‘(2) SECTION 1502.—For the purpose of carrying

25 out section 1502, there are authorized to be appro-
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1 priated $25,000,000 for fiscal year 2002 and such

2 sums as may be necessary for each of the 6 succeeding

3 fiscal years.

4 ‘‘(g) 21ST CENTURY LEARNING CENTERS.—For the

5 purpose of carrying out part F, there are authorized to be

6 appropriated $1,500,000,000 for fiscal year 2002 and such

7 sums as may be necessary for each of the 6 succeeding fiscal

8 years.

9 ‘‘(h) COMPREHENSIVE SCHOOL REFORM.—For the

10 purpose of carrying out part G, there are authorized to be

11 appropriated $250,000,000 for fiscal year 2002 and such

12 sums as may be necessary for each of the 6 succeeding fiscal

13 years.

14 ‘‘(i) SCHOOL DROPOUT PREVENTION.—For the pur15 pose of carrying out part H, there are authorized to be ap16 propriated $500,000,000 for fiscal year 2002 and such sums

17 as may be necessary for each of the 6 succeeding fiscal years,

18 of which—

19 ‘‘(1) 10 percent shall be available to carry out

20 subpart 1 of part H for each fiscal year; and

21 ‘‘(2) 90 percent shall be available to carry out

22 subpart 2 of part H for each fiscal year.’’.
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1 SEC. 103. RESERVATION AND ALLOCATION FOR SCHOOL IM2 PROVEMENT.

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

4 follows:

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

6 ‘‘(a) STATE RESERVATION.—Each State educational

7 agency shall reserve 3.5 percent of the amount the State

8 educational agency receives under subpart 2 of part A for

9 each of the fiscal years 2002 and 2003, and 5 percent of

10 that amount for each of the fiscal years 2004 through 2008,

11 to carry out subsection (b) and to carry out the State edu12 cational agency’s responsibilities under sections 1116 and

13 1117, including carrying out the State educational agency’s

14 statewide system of technical assistance and support for

15 local educational agencies.

16 ‘‘(b) USES.—Of the amount reserved under subsection

17 (a) for any fiscal year, the State educational agency shall

18 make available not less than 50 percent of that amount di19 rectly to local educational agencies for schools identified for

20 school improvement, corrective action, or reconstitution

21 under section 1116(c).

22 ‘‘(c) STATE PLAN.—Each State educational agency, in

23 consultation with the Governor, shall prepare a plan to

24 carry out the responsibilities of the State under sections

25 1116 and 1117, including carrying out the State edu-
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1 cational agency’s statewide system of technical assistance

2 and support for local educational agencies.’’.

3 PART A—BETTER RESULTS FOR DISADVANTAGED

4 CHILDREN

5 SEC. 111. STATE PLANS.

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

7 follows:

8 ‘‘SEC. 1111. STATE PLANS.

9 ‘‘(a) PLANS REQUIRED.—

10 ‘‘(1) IN GENERAL.—Any State desiring to receive

11 a grant under this part shall submit to the Secretary,

12 by March 1, 2002, a plan prepared by the chief State

13 school official, in consultation with the Governor, that

14 satisfies the requirements of this section and that is

15 coordinated with other programs under this Act, the

16 Individuals with Disabilities Education Act, the Carl

17 D. Perkins Vocational and Technical Education Act

18 of 1998, the Adult Education and Family Literacy

19 Act, and the Head Start Act.

20 ‘‘(2) CONSOLIDATION PLAN.—A State plan sub21 mitted under paragraph (1) may be submitted as

22 part of a consolidation plan under section 5506.

23 ‘‘(b) STANDARDS, ASSESSMENTS, AND ACCOUNT24 ABILITY.—
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1 ‘‘(1) CHALLENGING STANDARDS.—(A) Each

2 State plan shall demonstrate that the State has

3 adopted challenging content standards and chal4 lenging student performance standards that will be

5 used by the State, its local educational agencies, and

6 its schools to carry out this part, except that a State

7 shall not be required to submit such standards to the

8 Secretary.

9 ‘‘(B) The standards required by subparagraph

10 (A) shall be the same standards that the State applies

11 to all schools and children in the State.

12 ‘‘(C) The State shall have the standards de13 scribed in subparagraph (A) for all public elementary

14 school and secondary school children in subjects deter15 mined by the State, but including at least mathe16 matics, reading or language arts, history, and science,

17 except that—

18 ‘‘(i) any State which does not have stand19 ards in mathematics or reading or language

20 arts, for public elementary school and secondary

21 school children who are not served under this

22 part, on the date of enactment of the Better Edu23 cation for Students and Teachers Act shall apply

24 the standards described in subparagraph (A) to
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1 such students not later than the beginning of the

2 school year 2002–2003; and

3 ‘‘(ii) no State shall be required to meet the

4 requirements under this part relating to history

5 or science standards until the beginning of the

6 2005–2006 school year.

7 ‘‘(D) Standards under this paragraph shall

8 include—

9 ‘‘(i) challenging content standards in aca10 demic subjects that—

11 ‘‘(I) specify what children are expected

12 to know and be able to do;

13 ‘‘(II) contain coherent and rigorous

14 content; and

15 ‘‘(III) encourage the teaching of ad16 vanced skills; and

17 ‘‘(ii) challenging student performance

18 standards that—

19 ‘‘(I) are aligned with the State’s con20 tent standards; and

21 ‘‘(II) describe 2 levels of high perform22 ance, proficient and advanced, that deter23 mine how well children are mastering the

24 material in the State content standards.
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1 ‘‘(E) For the subjects in which students served

2 under this part will be taught, but for which a State

3 is not required by subparagraphs (A), (B), and (C)

4 to develop standards, and has not otherwise developed

5 standards, the State plan shall describe a strategy for

6 ensuring that such students are taught the same

7 knowledge and skills and held to the same expecta8 tions as are all children.

9 ‘‘(2) ACCOUNTABILITY.—(A) Each State plan

10 shall demonstrate that the State has developed and is

11 implementing a single, statewide State accountability

12 system that has been or will be effective in ensuring

13 that all local educational agencies, elementary schools,

14 and secondary schools make adequate yearly progress

15 as defined under subparagraphs (B) and (D). Each

16 State accountability system shall—

17 ‘‘(i) be based on the standards and assess18 ments adopted under paragraphs (1) and (3)

19 and take into account the performance of all stu20 dents;

21 ‘‘(ii) be used for all schools or all local edu22 cational agencies in the State, except that schools

23 and local educational agencies not participating

24 under this part are not subject to the require25 ments of section 1116(c);
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1 ‘‘(iii) include performance indicators for

2 local educational agencies and schools to measure

3 student performance consistent with subpara4 graph (B); and

5 ‘‘(iv) include sanctions and rewards, such

6 as bonuses or recognition, the State will use to

7 hold local educational agencies and schools ac8 countable for student achievement and perform9 ance and for ensuring that the agencies and

10 schools make adequate yearly progress in accord11 ance with the State’s definition under subpara12 graph (B).

13 ‘‘(B) Adequate yearly progress shall be defined in

14 accordance with subparagraph (D) and in a manner

15 that—

16 ‘‘(i) applies the same high standards of aca17 demic performance to all students in the State;

18 ‘‘(ii) is statistically valid and reliable;

19 ‘‘(iii) results in continuous and substantial

20 academic improvement for all students;

21 ‘‘(iv) measures the progress of schools and

22 local educational agencies based primarily on the

23 assessments described in paragraph (3);
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1 ‘‘(v) includes annual measurable objectives

2 for continuing and significant improvement

3 in—

4 ‘‘(I) the achievement of all students;

5 and

6 ‘‘(II) the achievement of economically

7 disadvantaged students, students with dis8 abilities, students with limited English pro9 ficiency, migrant students, students by ra10 cial and ethnic group, and students by gen11 der, except that such disaggregation shall

12 not be required in any case in which the

13 number of students in a category is insuffi14 cient to yield statistically reliable informa15 tion or the results would reveal individually

16 identifiable information about an indi17 vidual student;

18 ‘‘(vi) includes a timeline for meeting the

19 goal that each group of students described in

20 clause (v) will meet or exceed the State’s pro21 ficient level of performance on the State assess22 ment used for the purposes of this section and

23 section 1116 not later than 10 years after the

24 date of enactment of the Better Education for

25 Students and Teachers Act; and
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1 ‘‘(vii) includes school completion or gradua2 tion rates for secondary school students and at

3 least 1 other academic indicator, as determined

4 by the State, for elementary school students, ex5 cept that inclusion of such indicators shall not

6 decrease the number of schools or local edu7 cational agencies that would otherwise be subject

8 to identification for improvement or corrective

9 action if the indicators were not included.

10 ‘‘(C)(i) Each State plan shall include a detailed

11 description of an objective system or formula that in12 corporates and gives appropriate weight to each of the

13 elements described in subparagraph (B), including the

14 progress of each of the groups of students described in

15 subparagraph (B)(v)(II), in meeting the State’s an16 nual measurable objectives for continuing and signifi17 cant improvement under subparagraph (B)(v) and in

18 making progress toward the 10-year goal described in

19 subparagraph (B)(vi), and that is primarily based on

20 academic progress as demonstrated by the assessments

21 described in paragraph (3) in subjects for which as22 sessments are required under this section, except that

23 the State shall give greater weight to the groups—

24 ‘‘(I) performing at a level furthest from the

25 proficient level; and
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1 ‘‘(II) that make the greatest improvement.

2 ‘‘(ii) The system or formula shall be subject to

3 peer review and approval by the Secretary under sub4 section (e). The Secretary shall not approve the sys5 tem or formula unless the Secretary determines that

6 the system or formula is sufficiently rigorous and re7 liable to ensure continuous and significant progress

8 toward the goal of having all students proficient with9 in 10 years.

10 ‘‘(D) A State shall define adequate yearly

11 progress for the purpose of making determinations

12 under this Act so that—

13 ‘‘(i) a school, local educational agency, or

14 State, respectively, has failed to make adequate

15 yearly progress if the school, local educational

16 agency, or State, respectively, has not—

17 ‘‘(I) made adequate progress as deter18 mined by the system or formula described

19 in subparagraph (C); or

20 ‘‘(II) for each group of students de21 scribed in subparagraph (B)(v)(II) (other

22 than those groups formed by gender and mi23 grant status), achieved an increase of not

24 less than 1 percent, in the percentage of stu25 dents served by the school, local educational
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1 agency, or State, respectively, meeting the

2 State’s proficient level of performance in

3 reading or language arts and mathematics,

4 for a school year compared to the preceding

5 school year; and

6 ‘‘(ii) for the purpose of making determina7 tions under clause (i) (I) or (II), the State may

8 establish a uniform procedure for averaging data

9 from the school year for which the determination

10 is made and 1 or 2 school years preceding such

11 school year.

12 ‘‘(E) Each State shall ensure that in developing

13 its plan, the State diligently seeks public comment

14 from a range of institutions and individuals in the

15 State with an interest in improved student achieve16 ment and performance, including parents, teachers,

17 local educational agencies, pupil services personnel,

18 administrators (including those described in other

19 parts of this title), and other staff, and that the State

20 will continue to make a substantial effort to ensure

21 that information under this part is widely known

22 and understood by the public, parents, teachers, and

23 school administrators throughout the State. Such ef24 forts shall include, at a minimum, publication of such

25 information and explanatory text, broadly to the pub-
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1 lic through such means as the Internet, the media,

2 and public agencies.

3 ‘‘(F) If a State educational agency provides evi4 dence, which is satisfactory to the Secretary, that nei5 ther the State educational agency nor any other State

6 government official, agency, or entity has sufficient

7 authority, under State law, to adopt content and stu8 dent performance standards, and assessments aligned

9 with such standards, which will be applicable to all

10 students enrolled in the State’s public schools, the

11 State educational agency may meet the requirements

12 of this subsection by—

13 ‘‘(i) adopting standards and assessments

14 that meet the requirements of this subsection, on

15 a statewide basis, and limiting the applicability

16 of the standards and assessments to students

17 served under this part; or

18 ‘‘(ii) adopting and implementing policies

19 that ensure that each local educational agency in

20 the State which receives a grant under this part

21 will adopt content and student performance

22 standards, and assessments aligned with such

23 standards, which meet all of the criteria of this

24 subsection.
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1 ‘‘(G) Each State plan shall provide that in order

2 for a school to make adequate yearly progress under

3 subparagraph (B), not less than 95 percent of each

4 group of students described in subparagraph

5 (B)(v)(II), who are enrolled in the school at the time

6 of the administration of the assessments, shall take the

7 assessments (in accordance with paragraphs

8 (3)(H)(ii) and (3)(I), and with accommodations,

9 guidelines and alternate assessments provided in the

10 same manner as they are provided under section

11 612(a)(17)(A) of the Individuals with Disabilities

12 Education Act) on which adequate yearly progress is

13 based, except that nothing in this subparagraph shall

14 be construed to limit the requirement under para15 graph (3)(H)(i) to assess all students.

16 ‘‘(H) Each State plan shall provide an assur17 ance that the State’s accountability requirements for

18 charter schools (as defined in section 5120), such as

19 requirements established under the State’s charter

20 school law and overseen by the State’s authorized

21 chartering agencies for such schools, are at least as

22 rigorous as the accountability requirements estab23 lished under this Act, such as the requirements re24 garding standards, assessments, adequate yearly

25 progress, school identification, receipt of technical as-
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1 sistance, and corrective action, that are applicable to

2 other schools in the State under this Act.

3 ‘‘(3) ASSESSMENTS.—Each State plan shall

4 demonstrate that the State, in consultation with local

5 educational agencies, has a system of high-quality,

6 yearly student assessments in subjects that include, at

7 a minimum, mathematics, reading or language arts,

8 and science that will be used as the primary means

9 of determining the yearly performance of each local

10 educational agency and school in enabling all chil11 dren to meet the State’s student performance stand12 ards, except that no State shall be required to meet

13 the requirements of this part relating to science as14 sessments until the beginning of the 2007–2008 school

15 year. Such assessments shall—

16 ‘‘(A) be the same assessments used to meas17 ure the performance of all children;

18 ‘‘(B) be aligned with the State’s challenging

19 content and student performance standards and

20 provide coherent information about student at21 tainment of such standards;

22 ‘‘(C) be used for purposes for which such as23 sessments are valid and reliable, and be con24 sistent with relevant, nationally recognized pro25 fessional and technical standards for such assess-
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1 ments developed and used by national experts on

2 educational testing;

3 ‘‘(D) be used only if the State provides to

4 the Secretary evidence from the test publisher or

5 other relevant sources that the assessment used is

6 of adequate technical quality for each purpose re7 quired under this Act, and such evidence is made

8 public by the Secretary upon request;

9 ‘‘(E) involve multiple up-to-date measures

10 of student performance, including measures that

11 assess higher order thinking skills and under12 standing;

13 ‘‘(F)(i) beginning not later than school year

14 2001–2002, measure the proficiency of students

15 served under this part in mathematics and read16 ing or language arts and be administered not

17 less than one time during—

18 ‘‘(I) grades 3 through 5;

19 ‘‘(II) grades 6 through 9; and

20 ‘‘(III) grades 10 through 12;

21 ‘‘(ii) beginning not later than school year

22 2002–2003, measure the proficiency of all stu23 dents in mathematics and reading or language

24 arts and be administered not less than one time

25 during—
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1 ‘‘(I) grades 3 through 5;

2 ‘‘(II) grades 6 through 9; and

3 ‘‘(III) grades 10 through 12;

4 ‘‘(iii) beginning not later than school year

5 2007–2008, measure the proficiency of all stu6 dents in science and be administered not less

7 than one time during—

8 ‘‘(I) grades 3 through 5;

9 ‘‘(II) grades 6 through 9; and

10 ‘‘(III) grades 10 through 12;

11 ‘‘(G) beginning not later than school year

12 2005–2006, measure the performance of students

13 against the challenging State content and stu14 dent performance standards annually in grades

15 3 through 8, and at least once in grades 10

16 through 12, in at least mathematics and reading

17 or language arts, if the tests are aligned with

18 State standards, except that—

19 ‘‘(i) a State may defer the commence20 ment, or suspend the administration, of the

21 assessments described in this paragraph,

22 that were not required prior to the date of

23 enactment of the Better Education for Stu24 dents and Teachers Act, for 1 year, for each
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1 year for which the amount appropriated for

2 grants under section 6204(c) is less than—

3 ‘‘(I) $370,000,000 for fiscal year

4 2002;

5 ‘‘(II) $380,000,000 for fiscal year

6 2003;

7 ‘‘(III) $390,000,000 for fiscal year

8 2004;

9 ‘‘(IV) $400,000,000 for fiscal year

10 2005;

11 ‘‘(V) $410,000,000 for fiscal year

12 2006;

13 ‘‘(VI) $420,000,000 for fiscal year

14 2007; and

15 ‘‘(VII) $430,000,000 for fiscal

16 year 2008; and

17 ‘‘(ii) the Secretary may permit a State

18 to commence the assessments, that were re19 quired by amendments made to this para20 graph by the Better Education for Students

21 and Teachers Act, in school year 2006–

22 2007, if the State demonstrates to the Sec23 retary that exceptional or uncontrollable

24 circumstances, such as a natural disaster or

25 a precipitous or unforeseen decline in the fi-
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1 nancial resources of the local educational

2 agency or school, prevent full implementa3 tion of the assessments in school year 2005–

4 2006 and that the State will administer

5 such assessments during school year 2006–

6 2007;

7 ‘‘(H) at the discretion of the State, measure

8 the proficiency of students in academic subjects

9 not described in subparagraphs (E), (F), and

10 (G) in which the State has adopted challenging

11 content and student performance standards;

12 ‘‘(I) provide for—

13 ‘‘(i) the participation in such assess14 ments of all students;

15 ‘‘(ii) the reasonable adaptations and

16 accommodations for students with disabil17 ities defined under section 602(3) of the In18 dividuals with Disabilities Education Act

19 necessary to measure the achievement of

20 such students relative to State content and

21 State student performance standards;

22 ‘‘(iii) the inclusion of limited English

23 proficient students who shall be assessed, to

24 the extent practicable, in the language and

25 form most likely to yield accurate and reli-
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1 able information on what such students

2 know and can do in content areas; and

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

4 assessment (using tests written in English)

5 of reading or language arts of any student

6 who has attended school in the United

7 States (excluding the Commonwealth of

8 Puerto Rico) for 3 or more consecutive

9 years, except that if a local educational

10 agency demonstrates to the State edu11 cational agency that assessments in another

12 language and form is likely to yield more

13 accurate and reliable information on what

14 such a student knows and can do, then the

15 State educational agency, on a case-by-case

16 basis, may waive the requirement to use

17 tests written in English for those students

18 and permit those students to be assessed in

19 the appropriate language for one or more

20 additional years, but only if the total num21 ber of students so assessed does not exceed

22 one-third of the number of students in the

23 State who were not required to be assessed

24 using tests written in English in the pre25 vious year because the students were in the
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1 third year of the 3-year period described in

2 this clause;

3 ‘‘(J) beginning not later than school year

4 2002–2003, provide for the annual assessment of

5 the development of English proficiency (appro6 priate to students’ oral language, reading, and

7 writing skills in English) of students with lim8 ited English proficiency who are served under

9 this part or under title III and who do not par10 ticipate in the assessment described in clause (iv)

11 of subparagraph (I);

12 ‘‘(K) include students who have attended

13 schools in a local educational agency for a full

14 academic year but have not attended a single

15 school for a full academic year, except that the

16 performance of students who have attended more

17 than 1 school in the local educational agency in

18 any academic year shall be used only in deter19 mining the progress of the local educational

20 agency;

21 ‘‘(L) produce individual student interpre22 tive and descriptive reports to be provided to

23 parents of all students, which shall include per24 formance on assessments aligned with State

25 standards, and other information on the attain-
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1 ment of student performance standards, such as

2 measures of student course work over time, stu3 dent attendance rates, student dropout rates, and

4 student participation in advanced level courses;

5 ‘‘(M) enable results to be disaggregated

6 within each State, local educational agency, and

7 school by gender, by racial and ethnic group, by

8 English proficiency status, by migrant status, by

9 students with disabilities as compared to non10 disabled students, and by economically disadvan11 taged students as compared to students who are

12 not economically disadvantaged, except that in

13 the case of a local educational agency or a school

14 such disaggregation shall not be required in a

15 case in which the number of students in a cat16 egory is insufficient to yield statistically reliable

17 information or the results would reveal individ18 ually identifiable information about an indi19 vidual student; and

20 ‘‘(N) enable itemized score analyses to be re21 ported to schools and local educational agencies

22 in a way that parents, teachers, schools, and

23 local educational agencies can interpret and ad24 dress the specific academic needs of individual
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1 students as indicated by the students’ perform2 ance on assessment items.

3 ‘‘(4) SPECIAL RULES.—(A) Additional measures

4 that do not meet the requirements of paragraph

5 (3)(C) may be included in the assessments if a State

6 includes in the State plan information regarding the

7 State’s efforts to validate such measures, but such

8 measures shall not be the primary or sole indicator

9 of student progress toward meeting State standards.

10 ‘‘(B) Consistent with section 1112(b)(1)(D)

11 States may measure the proficiency of students in the

12 academic subjects in which a State has adopted chal13 lenging content and student performance standards 1

14 or more times during grades kindergarten through 2.

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

16 plan shall identify the languages other than English

17 that are present in the participating student popu18 lation and indicate the languages for which yearly

19 student assessments are not available and are needed.

20 The State shall make every effort to develop such as21 sessments and may request assistance from the Sec22 retary if linguistically accessible assessment measures

23 are needed. Upon request, the Secretary shall assist

24 with the identification of appropriate assessment
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1 measures in the needed languages but shall not man2 date a specific assessment or mode of instruction.

3 ‘‘(6) REQUIREMENT.—Each State plan shall

4 describe—

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

6 help each local educational agency and school af7 fected by the State plan to develop the capacity

8 to comply with each of the requirements of sec9 tions 1112(c)(4), 1114(b), and 1115(c) that is

10 applicable to such agency or school;

11 ‘‘(B) the specific steps the State educational

12 agency will take to ensure that both schoolwide

13 programs and targeted assistance schools provide

14 instruction by highly qualified instructional staff

15 as required by sections 1114(b)(1)(C) and

16 1115(c)(1)(F), including steps that the State

17 educational agency will take to ensure that poor

18 and minority children are not taught at higher

19 rates than other children by inexperienced, un20 qualified, or out of field teachers, and the meas21 ures that the State educational agency will use

22 to evaluate and publicly report the progress of

23 the State educational agency with respect to such

24 steps;
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1 ‘‘(C) how the State educational agency will

2 develop or identify high quality effective cur3 riculum models aligned with State standards

4 and how the State educational agency will dis5 seminate such models to each local educational

6 agency and school within the State; and

7 ‘‘(D) such other factors the State deems ap8 propriate to provide students an opportunity to

9 achieve the knowledge and skills described in the

10 challenging content standards adopted by the

11 State.

12 ‘‘(7) ED-FLEX.—A State shall not be eligible for

13 designation under the Ed-Flex Partnership Act of

14 1999 until the State develops assessments aligned

15 with the State’s content standards in at least mathe16 matics and reading or language arts.

17 ‘‘(8) FACTORS IMPACTING STUDENT ACHIEVE18 MENT.—Each State plan shall include a description

19 of the process that will be used with respect to any

20 school within the State that is identified for school

21 improvement or corrective action under section 1116

22 to identify the academic and other factors that have

23 significantly impacted student achievement at the

24 school.
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1 ‘‘(c) OTHER PROVISIONS TO SUPPORT TEACHING AND

2 LEARNING.—Each State plan shall contain assurances

3 that—

4 ‘‘(1) the State will meet the requirements of sub5 section (j)(1) and, beginning with the 2002–2003

6 school year, will produce the annual State report

7 cards described in such subsection;

8 ‘‘(2) the State will, beginning in school year

9 2002–2003, participate in annual State assessments

10 of 4th and 8th grade reading and mathematics under

11 the National Assessment of Educational Progress car12 ried out under section 411(b)(2) of the National Edu13 cation Statistics Act of 1994 if the Secretary pays the

14 costs of administering such assessments, except that a

15 State in which less than 0.25 percent of the total

16 number of poor, school-aged children in the United

17 States is located shall be required to comply with the

18 requirement of this paragraph on a biennial basis;

19 ‘‘(3) the State educational agency will work with

20 other agencies, including educational service agencies

21 or other local consortia, and institutions to provide

22 technical assistance to local educational agencies and

23 schools to carry out the State educational agency’s re24 sponsibilities under this part, including technical as25 sistance in providing professional development under
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1 section 1119, technical assistance under section 1117,

2 and parental involvement under section 1118;

3 ‘‘(4)(A) where educational service agencies exist,

4 the State educational agency will consider providing

5 professional development and technical assistance

6 through such agencies; and

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

8 exist, the State educational agency will consider pro9 viding professional development and technical assist10 ance through other cooperative agreements such as

11 through a consortium of local educational agencies;

12 ‘‘(5) the State educational agency will notify

13 local educational agencies and the public of the con14 tent and student performance standards and assess15 ments developed under this section, and of the author16 ity to operate schoolwide programs, and will fulfill

17 the State educational agency’s responsibilities regard18 ing local educational agency improvement and school

19 improvement under section 1116, including such cor20 rective actions as are necessary;

21 ‘‘(6) the State educational agency will provide

22 the least restrictive and burdensome regulations for

23 local educational agencies and individual schools par24 ticipating in a program assisted under this part;
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1 ‘‘(7) the State educational agency will inform

2 the Secretary and the public of how Federal laws, if

3 at all, hinder the ability of States to hold local edu4 cational agencies and schools accountable for student

5 academic performance;

6 ‘‘(8) the State educational agency will encourage

7 schools to consolidate funds from other Federal, State,

8 and local sources for schoolwide reform in schoolwide

9 programs under section 1114;

10 ‘‘(9) the State educational agency will modify or

11 eliminate State fiscal and accounting barriers so that

12 schools can easily consolidate funds from other Fed13 eral, State, and local sources for schoolwide programs

14 under section 1114;

15 ‘‘(10) the State educational agency has involved

16 the committee of practitioners established under sec17 tion 1903(b) in developing the plan and monitoring

18 its implementation;

19 ‘‘(11) the State educational agency will inform

20 local educational agencies of the local educational

21 agency’s authority to obtain waivers under subpart 3

22 of part B of title V and, if the State is an Ed-Flex

23 Partnership State, waivers under the Education

24 Flexibility Partnership Act of 1999; and
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1 ‘‘(12) the State will coordinate activities funded

2 under this part with other Federal activities as ap3 propriate.

4 ‘‘(d) PARENTAL INVOLVEMENT.—Each State plan shall

5 describe how the State will support the collection and dis6 semination to local educational agencies and schools of ef7 fective parental involvement practices. Such practices

8 shall—

9 ‘‘(1) be based on the most current research on ef10 fective parental involvement that fosters achievement

11 to high standards for all children; and

12 ‘‘(2) be geared toward lowering barriers to great13 er participation in school planning, review, and im14 provement experienced by parents.

15 ‘‘(e) PEER REVIEW AND SECRETARIAL APPROVAL.—

16 ‘‘(1) SECRETARIAL DUTIES.—The Secretary

17 shall—

18 ‘‘(A) establish a peer review process to assist

19 in the review of State plans;

20 ‘‘(B) appoint individuals to the peer review

21 process who are representative of parents, teach22 ers, State educational agencies, local educational

23 agencies, and who are familiar with educational

24 standards, assessments, accountability, and other

25 diverse educational needs of students;
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1 ‘‘(C) approve a State plan within 120 days

2 of its submission unless the Secretary determines

3 that the plan does not meet the requirements of

4 this section;

5 ‘‘(D) if the Secretary determines that the

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

8 State of such determination and the reasons for

9 such determination;

10 ‘‘(E) not decline to approve a State’s plan

11 before—

12 ‘‘(i) offering the State an opportunity

13 to revise its plan;

14 ‘‘(ii) providing technical assistance in

15 order to assist the State to meet the require16 ments under subsections (a), (b), and (c);

17 and

18 ‘‘(iii) providing a hearing; and

19 ‘‘(F) have the authority to disapprove a

20 State plan for not meeting the requirements of

21 this part, but shall not have the authority to re22 quire a State, as a condition of approval of the

23 State plan, to include in, or delete from, such

24 plan 1 or more specific elements of the State’s
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1 content standards or to use specific assessment

2 instruments or items.

3 ‘‘(2) STATE REVISIONS.—States shall revise their

4 plans if necessary to satisfy the requirements of this

5 section.

6 ‘‘(f) PROVISION OF TESTING RESULTS TO PARENTS

7 AND TEACHERS.—Each State plan shall demonstrate how

8 the State educational agency will assist local educational

9 agencies in assuring that results from the assessments re10 quired under this section will be provided to parents and

11 teachers as soon as is practicably possible after the test is

12 taken, in a manner and form that is understandable and

13 easily accessible to parents and teachers.

14 ‘‘(g) DURATION OF THE PLAN.—

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

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

17 State’s participation under this part; and

18 ‘‘(B) be periodically reviewed and revised

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

20 the State’s strategies and programs under this

21 part.

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

23 makes significant changes in its plan, such as the

24 adoption of new State content standards and State

25 student performance standards, new assessments, or a
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1 new definition of adequate progress, the State shall

2 submit such information to the Secretary.

3 ‘‘(h) LIMITATION ON CONDITIONS.—Nothing in this

4 part shall be construed to authorize an officer or employee

5 of the Federal Government to mandate, direct, or control

6 a State, local educational agency, or school’s specific in7 structional content or student performance standards and

8 assessments, curriculum, or program of instruction, as a

9 condition of eligibility to receive funds under this part.

10 ‘‘(i) PENALTY.—If a State fails to meet the statutory

11 deadlines for demonstrating that it has in place challenging

12 content standards and student performance standards, a set

13 of high quality annual student assessments aligned to the

14 standards, and a system for measuring and monitoring

15 adequate yearly progress, the Secretary shall withhold funds

16 for State administration and activities under section 1117

17 and take such other steps as are needed to assist the State

18 in coming into compliance with this section until the Sec19 retary determines that the State plan meets the require20 ments of this section.

21 ‘‘(j) REPORTS.—

22 ‘‘(1) ANNUAL STATE REPORT CARD.—

23 ‘‘(A) IN GENERAL.—Not later than the be24 ginning of the 2002–2003 school year, a State

25 that receives assistance under this Act shall pre-
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1 pare and disseminate an annual State report

2 card.

3 ‘‘(B) IMPLEMENTATION.—The State report

4 card shall be—

5 ‘‘(i) concise; and

6 ‘‘(ii) presented in a format and man7 ner that parents can understand, and

8 which, to the extent practicable, shall be in

9 a language the parents can understand.

10 ‘‘(C) PUBLIC DISSEMINATION.—The State

11 shall widely disseminate the information de12 scribed in subparagraph (D) to all schools and

13 local educational agencies in the State and make

14 the information broadly available through public

15 means, such as posting on the Internet, distribu16 tion to the media, and distribution through pub17 lic agencies.

18 ‘‘(D) REQUIRED INFORMATION.—The State

19 shall include in its annual State report card—

20 ‘‘(i) information, in the aggregate, on

21 student achievement and performance at

22 each proficiency level on the State assess23 ments described in subsection (b)(3)(G)

24 (disaggregated by race, ethnicity, gender,
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1 disability status, migrant status, English

2 proficiency, and socioeconomic status);

3 ‘‘(ii) the percentage of students not

4 tested (disaggregated by the same categories

5 described in clause (i));

6 ‘‘(iii) the most recent 2-year trend in

7 student performance in each subject area,

8 and for each grade level, for which assess9 ments under section 1111 are required;

10 ‘‘(iv) aggregate information included

11 in all other indicators used by the State to

12 determine the adequate yearly progress of

13 students in achieving State content and stu14 dent performance standards;

15 ‘‘(v) average 4-year graduation rates

16 and annual school dropout rates

17 disaggregated by race, ethnicity, gender,

18 disability status, migrant status, English

19 proficiency, and socioeconomic status, ex20 cept that such disaggregation shall not be

21 required in a case in which the number of

22 students in a category is insufficient to

23 yield statistically reliable information or

24 the results would reveal individually identi-
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1 fiable information about an individual stu2 dent;

3 ‘‘(vi) the percentage of teachers teach4 ing with emergency or provisional creden5 tials (disaggregated by high poverty and

6 low poverty schools which for purposes of

7 this clause means schools in which 50 per8 cent or more, or less than 50 percent, re9 spectively, of the students are from low-in10 come families), and the percentage of classes

11 not taught by highly qualified teachers in

12 such high poverty schools;

13 ‘‘(vii) the number and names of each

14 school identified for school improvement, in15 cluding schools identified under section

16 1116(c); and

17 ‘‘(viii) information on the performance

18 of local educational agencies in the State re19 garding making adequate yearly progress,

20 including the number and percentage of

21 schools in the State that did not make ade22 quate yearly progress.

23 ‘‘(E) PERMISSIVE INFORMATION.—The

24 State may include in its annual State report

25 card such other information as the State believes
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1 will best provide parents, students, and other

2 members of the public with information regard3 ing the progress of each of the State’s public ele4 mentary schools and secondary schools. Such in5 formation may include information regarding—

6 ‘‘(i) school attendance rates;

7 ‘‘(ii) average class size in each grade;

8 ‘‘(iii) academic achievement and gains

9 in English proficiency of limited English

10 proficient students;

11 ‘‘(iv) the incidence of school violence,

12 drug abuse, alcohol abuse, student suspen13 sions, and student expulsions;

14 ‘‘(v) the extent of parental participa15 tion in the schools;

16 ‘‘(vi) parental involvement activities;

17 ‘‘(vii) extended learning time programs

18 such as after-school and summer programs;

19 ‘‘(viii) the percentage of students com20 pleting advanced placement courses;

21 ‘‘(ix) the percentage of students com22 pleting college preparatory curricula; and

23 ‘‘(x) student access to technology in

24 school.
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1 ‘‘(F) PROTECTION OF PUPIL RIGHTS.—In

2 meeting the requirements of this section, States,

3 local educational agencies, and schools shall com4 ply with the provisions of section 445 of the Gen5 eral Education Provisions Act.

6 ‘‘(2) ANNUAL LOCAL EDUCATIONAL AGENCY RE7 PORT CARDS.—

8 ‘‘(A) IN GENERAL.—Not later than the be9 ginning of the 2002–2003 school year, a local

10 educational agency that receives assistance under

11 this Act shall prepare and disseminate an an12 nual local educational agency report card.

13 ‘‘(B) MINIMUM REQUIREMENTS.—The State

14 shall ensure that each local educational agency

15 collects appropriate data and includes in the

16 local educational agency’s annual report the in17 formation described in paragraph (1)(D) as ap18 plied to the local educational agency and each

19 school served by the local educational agency,

20 and—

21 ‘‘(i) in the case of a local educational

22 agency—

23 ‘‘(I) the number and percentage of

24 schools identified for school improve25 ment and how long they have been so
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1 identified, including schools identified

2 under section 1116(c); and

3 ‘‘(II) information that shows how

4 students served by the local educational

5 agency perform on the statewide assess6 ment compared to students in the State

7 as a whole; and

8 ‘‘(ii) in the case of a school—

9 ‘‘(I) whether the school has been

10 identified for school improvement; and

11 ‘‘(II) information that shows how

12 the school’s students performed on the

13 statewide assessment compared to stu14 dents in the local educational agency

15 and the State as a whole.

16 ‘‘(C) OTHER INFORMATION.—A local edu17 cational agency may include in its annual re18 ports any other appropriate information whether

19 or not such information is included in the an20 nual State report.

21 ‘‘(D) DATA.—A local educational agency or

22 school shall only include in its annual local edu23 cational agency report card data that is suffi24 cient to yield statistically reliable information,

25 as determined by the State, and does not reveal
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1 individually identifiable information about an

2 individual student.

3 ‘‘(E) PUBLIC DISSEMINATION.—The local

4 educational agency shall, not later than the be5 ginning of the 2002–2003 school year, publicly

6 disseminate the information described in this

7 paragraph to all schools in the school district

8 and to all parents of students attending those

9 schools, and make the information broadly avail10 able through public means, such as posting on

11 the Internet, distribution to the media, and dis12 tribution through public agencies, except that if

13 a local educational agency issues a report card

14 for all students, the local educational agency

15 may include the information under this section

16 as part of such report.

17 ‘‘(3) PREEXISTING REPORT CARDS.—A State or

18 local educational agency that was providing public

19 report cards on the performance of students, schools,

20 local educational agencies, or the State, may continue

21 to use those reports for the purpose of this subsection,

22 if such report is modified, as may be necessary, to

23 contain the information required by this subsection.

24 ‘‘(4) ANNUAL STATE REPORT TO THE SEC25 RETARY.—Each State receiving assistance under this
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1 Act shall report annually to the Secretary, and make

2 widely available within the State—

3 ‘‘(A) beginning with school year 2001–2002,

4 information on the State’s progress in developing

5 and implementing the assessments described in

6 subsection (b)(3);

7 ‘‘(B) beginning not later than school year

8 2004–2005, information on the achievement of

9 students on the assessments required by that sec10 tion, including the disaggregated results for the

11 categories of students identified in subsection

12 (b)(2)(B)(v)(II);

13 ‘‘(C) the number and names of each school

14 identified for school improvement, including

15 schools identified under section 1116(c), the rea16 son why each school was so identified, and the

17 measures taken to address the performance prob18 lems of such schools; and

19 ‘‘(D) in any year before the State begins to

20 provide the information described in subpara21 graph (B), information on the results of student

22 assessments (including disaggregated results) re23 quired under this section.

24 ‘‘(5) PARENTS RIGHT-TO-KNOW.—
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1 ‘‘(A) QUALIFICATIONS.—A local educational

2 agency that receives funds under this part shall

3 provide and notify the parents of each student

4 attending any school receiving funds under this

5 part that the parents may request, and will be

6 provided on request, information regarding the

7 professional qualifications of the student’s class8 room teachers, including, at a minimum, the fol9 lowing:

10 ‘‘(i) Whether the teacher has met State

11 qualification and licensing criteria for the

12 grade levels and subject areas in which the

13 teacher provides instruction.

14 ‘‘(ii) Whether the teacher is teaching

15 under emergency or other provisional status

16 through which State qualification or licens17 ing criteria have been waived.

18 ‘‘(iii) The baccalaureate degree major

19 of the teacher and any other graduate cer20 tification or degree held by the teacher, and

21 the field of discipline of the certification or

22 degree.

23 ‘‘(iv) Whether the child is provided

24 services by a paraprofessional and the

25 qualifications of such paraprofessional.
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1 ‘‘(B) ADDITIONAL INFORMATION.—A school

2 that receives funds under this part shall provide

3 to parents information on the level of perform4 ance, of the individual student for whom they

5 are the parent, in each of the State assessments

6 as required under this part.

7 ‘‘(C) FORMAT.—The notice and information

8 provided to parents shall be in an understand9 able and uniform format.

10 ‘‘(6) REPORT TO CONGRESS.—The Secretary

11 shall report annually to Congress—

12 ‘‘(A) beginning with school year 2001–2002,

13 information on the State’s progress in developing

14 and implementing the assessments described in

15 subsection (b)(3);

16 ‘‘(B) beginning not later than school year

17 2004–2005, information on the achievement of

18 students on the assessments described in sub19 section (b)(3), including the disaggregated results

20 for the categories of students described in sub21 section (b)(2)(B)(v)(II);

22 ‘‘(C) in any year before the States begin to

23 provide the information described in paragraph

24 (B) to the Secretary, information on the results
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1 of student assessments (including disaggregated

2 results) required under this section.

3 ‘‘(k) PRIVACY.—Information collected under this sec4 tion shall be collected and disseminated in a manner that

5 protects the privacy of individuals.

6 ‘‘(l) TECHNICAL ASSISTANCE.—The Secretary shall

7 provide a State educational agency, at the State edu8 cational agency’s request, technical assistance in meeting

9 the requirements of this section, including the provision of

10 advice by experts in the development of high-quality assess11 ments, the setting of State performance standards, the devel12 opment of measures of adequate yearly progress that are

13 valid and reliable, and other relevant areas.

14 ‘‘(m) VOLUNTARY PARTNERSHIPS.—A State may enter

15 into a voluntary partnership with another State to develop

16 and implement the assessments and standards required

17 under this section.’’.

18 SEC. 112. LOCAL EDUCATIONAL AGENCY PLANS.

19 Section 1112 (20 U.S.C. 6312) is amended—

20 (1) in subsection (a)—

21 (A) in paragraph (1), by striking ‘‘the

22 Goals’’ and all that follows through ‘‘section

23 14306’’ and inserting ‘‘the Individuals with Dis24 abilities Education Act, the Carl D. Perkins Vo25 cational and Technical Education Act of 1998,
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1 the Head Start Act, and other Acts, as appro2 priate’’; and

3 (B) in paragraph (2), by striking ‘‘14304’’

4 and inserting ‘‘5504’’;

5 (2) in subsection (b)—

6 (A) in paragraph (1)—

7 (i) in subparagraph (B), by striking

8 ‘‘and’’ after the semicolon;

9 (ii) in subparagraph (C), by inserting

10 ‘‘and’’ after the semicolon; and

11 (iii) by adding at the end the fol12 lowing:

13 ‘‘(D) determine the literacy levels of first

14 graders and their needs for interventions, includ15 ing a description of how the agency will ensure

16 that any such assessments—

17 ‘‘(i) are developmentally appropriate;

18 ‘‘(ii) use multiple measures to provide

19 information about the variety of skills that

20 research has identified as leading to early

21 reading; and

22 ‘‘(iii) are administered to students in

23 the language most likely to yield valid re24 sults;’’;
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1 (B) in paragraph (3), by inserting ‘‘, which

2 strategy shall be coordinated with activities

3 under title II if the local educational agency re4 ceives funds under title II’’ before the semicolon;

5 (C) in paragraph (4)—

6 (i) in subparagraph (A)—

7 (I) by striking ‘‘programs, voca8 tional’’ and inserting ‘‘programs and

9 vocational’’; and

10 (II) by striking ‘‘, and school-to11 work transition programs’’; and

12 (ii) in subparagraph (B)—

13 (I) by striking ‘‘served under part

14 C’’ and all that follows through

15 ‘‘1994’’; and

16 (II) by striking ‘‘served under

17 part D’’; and

18 (D) by striking paragraph (9) and insert19 ing the following:

20 ‘‘(9) where appropriate, a description of how the

21 local educational agency will use funds under this

22 part to support early childhood education programs

23 under section 1120B;
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1 ‘‘(10) a description of the strategy the local edu2 cational agency will use to implement effective paren3 tal involvement under section 1118;

4 ‘‘(11) a description of the process that will be

5 used with respect to any school identified for school

6 improvement or corrective action that is served by the

7 local educational agency to determine the academic

8 and other factors that have significantly impacted

9 student achievement at the school; and

10 ‘‘(12) where appropriate, a description of how

11 the local educational agency will use funds under this

12 part to support school year extension programs under

13 section 1120C for low-performing schools.’’;

14 (3) by amending subsection (c) to read as fol15 lows:

16 ‘‘(c) ASSURANCES.—Each local educational agency

17 plan shall provide assurances that the local educational

18 agency will—

19 ‘‘(1) inform eligible schools and parents of

20 schoolwide project authority;

21 ‘‘(2) provide technical assistance and support to

22 schoolwide programs;

23 ‘‘(3) work in consultation with schools as the

24 schools develop the schools’ plans pursuant to section

25 1114 and assist schools as the schools implement such
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1 plans or undertake activities pursuant to section 1115

2 so that each school can make adequate yearly progress

3 toward meeting the State content standards and State

4 student performance standards;

5 ‘‘(4) fulfill such agency’s school improvement re6 sponsibilities under section 1116, including taking

7 corrective actions under section 1116(c)(5);

8 ‘‘(5) work in consultation with schools as the

9 schools develop and implement their plans or activi10 ties under sections 1118 and 1119;

11 ‘‘(6) coordinate and collaborate, to the extent fea12 sible and necessary as determined by the local edu13 cational agency, with other agencies providing serv14 ices to children, youth, and families, including health

15 and social services;

16 ‘‘(7) provide services to eligible children attend17 ing private elementary and secondary schools in ac18 cordance with section 1120, and timely and meaning19 ful consultation with private school officials regarding

20 such services;

21 ‘‘(8) take into account the experience of model

22 programs for the educationally disadvantaged, and

23 the findings of relevant research indicating that serv24 ices may be most effective if focused on students in the
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1 earliest grades at schools that receive funds under this

2 part;

3 ‘‘(9) comply with the requirements of section

4 1119 regarding professional development;

5 ‘‘(10) inform eligible schools of the local edu6 cational agency’s authority to obtain waivers on the

7 school’s behalf under subpart 3 of part B of title V,

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

9 waivers under the Education Flexibility Partnership

10 Act of 1999;

11 ‘‘(11) ensure, through incentives for voluntary

12 transfers, the provision of professional development,

13 recruitment programs, or other effective strategies,

14 that low-income students and minority students are

15 not taught at higher rates than other students by un16 qualified, out-of-field, or inexperienced teachers;

17 ‘‘(12) use the results of the student assessments

18 required under section 1111(b)(3), and other measures

19 or indicators available to the agency, to review annu20 ally the progress of each school served by the agency

21 and receiving funds under this title to determine

22 whether or not all of the schools are making the an23 nual progress necessary to ensure that all students

24 will meet the State’s proficient level of performance

25 on the State assessments described in section
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1 1111(b)(3) within 10 years of the date of enactment

2 of the Better Education for Students and Teachers

3 Act;

4 ‘‘(13) ensure that the results from the assessments

5 required under section 1111 will be provided to par6 ents and teachers as soon as is practicably possible

7 after the test is taken, in a manner and form that is

8 understandable and easily accessible to parents and

9 teachers; and

10 ‘‘(14) make available to each school served by the

11 agency and assisted under this part models of high

12 quality, effective curriculum that are aligned with the

13 State’s standards and developed or identified by the

14 State.’’; and

15 (4) in subsection (e)—

16 (A) in paragraph (1), by striking ‘‘, except

17 that’’ and all that follows through ‘‘finally ap18 proved by the State educational agency’’; and

19 (B) in paragraph (3)—

20 (i) by striking ‘‘professional develop21 ment’’; and

22 (ii) by striking ‘‘section 1119’’ and in23 serting ‘‘sections 1118 and 1119’’.
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1 SEC. 113. ELIGIBLE SCHOOL ATTENDANCE AREAS.

2 Section 1113(b)(1) (20 U.S.C. 6313(b)(2)) is

3 amended—

4 (1) in subparagraph (B), by striking ‘‘and’’ after

5 the semicolon;

6 (2) in subparagraph (C)(iii), by striking the pe7 riod and inserting ‘‘; and’’; and

8 (3) by adding at the end the following:

9 ‘‘(D) designate and serve a school attend10 ance area or school that is not an eligible school

11 attendance area under subsection (a)(2), but that

12 was an eligible school attendance area and was

13 served in the fiscal year preceding the fiscal year

14 for which the determination is made, but only

15 for 1 additional fiscal year.’’.

16 SEC. 114. SCHOOLWIDE PROGRAMS.

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

18 (1) in subsection (a)—

19 (A) by striking paragraph (1) and inserting

20 the following:

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

22 may use funds under this part, together with other

23 Federal, State, and local funds, to upgrade the entire

24 educational program of a school that serves an eligible

25 school attendance area in which not less than 40 per26 cent of the children are from low-income families, or
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1 not less than 40 percent of the children enrolled in the

2 school are from such families, for the initial year of

3 the schoolwide program.’’; and

4 (B) in paragraph (4)—

5 (i) by amending the heading to read as

6 follows: ‘‘EXEMPTION FROM STATUTORY AND

7 REGULATORY REQUIREMENTS.—’’; and

8 (ii) by adding at the end the following:

9 ‘‘(C) A school that chooses to use funds from such

10 other programs under this section shall not be re11 quired to maintain separate fiscal accounting records,

12 by program, that identify the specific activities sup13 ported by those particular funds as long as the school

14 maintains records that demonstrate that the

15 schoolwide program, considered as a whole, addresses

16 the intent and purposes of each of the programs that

17 were consolidated to support the schoolwide pro18 gram.’’; and

19 (2) in subsection (b)—

20 (A) in paragraph (1)—

21 (i) in subparagraph (B)(vii), by strik22 ing ‘‘, if any, approved under title III of

23 the Goals 2000: Educate America Act’’;

24 (ii) in subparagraph (E), by striking

25 ‘‘, such as family literacy services’’ and in-
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1 serting ‘‘(including activities described in

2 section 1118), such as family literacy serv3 ices, in-school volunteer opportunities, or

4 parent membership on school-based leader5 ship or management teams.’’; and

6 (iii) by adding at the end the fol7 lowing:

8 ‘‘(I) Coordination and integration of Fed9 eral, State, and local services and programs, in10 cluding programs supported under this Act, vio11 lence prevention programs, nutrition programs,

12 housing programs, Head Start, adult education,

13 and job training.’’; and

14 (B) in paragraph (2)—

15 (i) in subparagraph (A)—

16 (I) in the matter preceding clause

17 (i), by striking ‘‘Improving America’s

18 Schools Act of 1994’’ and inserting

19 ‘‘Better Education for Students and

20 Teachers Act’’;

21 (II) in clause (iv), by inserting

22 ‘‘in a language the family can under23 stand’’ after ‘‘assessment results’’;

24 (III) in clause (vi), by striking

25 ‘‘and’’ after the semicolon;
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1 (IV) in clause (vii), by striking

2 the period and inserting ‘‘; and’’; and

3 (V) by adding at the end the fol4 lowing:

5 ‘‘(viii) describes how the school will co6 ordinate and collaborate with other agencies

7 providing services to children and families,

8 including programs supported under this

9 Act, violence prevention programs, nutrition

10 programs, housing programs, Head Start,

11 adult education, and job training.’’; and

12 (ii) in subparagraph (C)—

13 (I) in clause (i)(II), by striking

14 ‘‘Improving America’s Schools Act of

15 1994’’ and inserting ’’Better Education

16 for Students and Teachers Act’’; and

17 (II) in clause (v), by striking ‘‘the

18 School-to-Work Opportunities Act of

19 1994’’.

20 SEC. 115. TARGETED ASSISTANCE SCHOOLS.

21 Section 1115 (20 U.S.C. 6315) is amended—

22 (1) in subsection (b)—

23 (A) in paragraph (1)(A)(ii), by striking ‘‘,

24 yet’’ and all that follows through ‘‘setting’’; and

25 (B) in paragraph (2)—
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1 (i) in subparagraph (B), insert ‘‘or in

2 early childhood education services under

3 this title,’’ after ‘‘program,’’; and

4 (ii) in subparagraph (C)(i), by strik5 ing ‘‘under part D (or its predecessor au6 thority)’’; and

7 (2) in subsection (c)(1)—

8 (A) by amending subparagraph (G) to read

9 as follows:

10 ‘‘(G) provide opportunities for professional

11 development with resources provided under this

12 part, and to the extent practicable, from other

13 sources, for teachers, principals, administrators,

14 paraprofessionals, pupil services personnel, and

15 parents, who work with participating children

16 in programs under this section or in the regular

17 education program;’’;

18 (B) in subparagraph (H), by striking ‘‘,

19 such as family literacy services’’ and inserting

20 ‘‘(including activities described in section 1118),

21 such as family literacy services, in-school volun22 teer opportunities, or parent membership on

23 school-based leadership or management teams;

24 and’’; and

25 (C) by adding at the end the following:
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1 ‘‘(I) coordinate and integrate Federal,

2 State, and local services and programs, includ3 ing programs supported under this Act, violence

4 prevention programs, nutrition programs, hous5 ing programs, Head Start, adult education, and

6 job training.’’.

7 SEC. 116. PUPIL SAFETY AND FAMILY SCHOOL CHOICE.

8 Subpart 1 of part A of title I (20 U.S.C. 6311 et seq.)

9 is amended by inserting after section 1115A (20 U.S.C.

10 6316) the following:

11 ‘‘SEC. 1115B. PUPIL SAFETY AND FAMILY SCHOOL CHOICE.

12 ‘‘(a) IN GENERAL.—If a student is eligible to be served

13 under section 1115(b), or attends a school eligible for a

14 schoolwide program under section 1114, and—

15 ‘‘(1) becomes a victim of a violent criminal of16 fense while in or on the grounds of a public elemen17 tary school or secondary school that the student at18 tends and that receives assistance under this part,

19 then the local educational agency shall allow such stu20 dent to transfer to another public school or public

21 charter school in the same State as the school where

22 the criminal offense occurred, that is selected by the

23 student’s parent unless allowing such transfer is

24 prohibited—
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1 ‘‘(A) under the provisions of a State or local

2 law; or

3 ‘‘(B) by a local educational agency policy

4 that is approved by a local school board; or

5 ‘‘(2) the public school that the student attends

6 and that receives assistance under this part has been

7 designated as an unsafe public school, then the local

8 educational agency may allow such student to trans9 fer to another public school or public charter school

10 in the same State as the school where the criminal of11 fense occurred, that is selected by the student’s parent.

12 ‘‘(b) STATE EDUCATIONAL AGENCY DETERMINA13 TIONS.—

14 ‘‘(1) The State educational agency shall deter15 mine, based upon State law, what actions constitute

16 a violent criminal offense for purposes of this section.

17 ‘‘(2) The State educational agency shall deter18 mine which schools in the State are unsafe public

19 schools.

20 ‘‘(3) The term ‘unsafe public schools’ means a

21 public school that has serious crime, violence, illegal

22 drug, and discipline problems, as indicated by condi23 tions that may include high rates of—

24 ‘‘(A) expulsions and suspensions of students

25 from school;
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1 ‘‘(B) referrals of students to alternative

2 schools for disciplinary reasons, to special pro3 grams or schools for delinquent youth, or to juve4 nile court;

5 ‘‘(C) victimization of students or teachers

6 by criminal acts, including robbery, assault and

7 homicide;

8 ‘‘(D) enrolled students who are under court

9 supervision for past criminal behavior;

10 ‘‘(E) possession, use, sale or distribution of

11 illegal drugs;

12 ‘‘(F) enrolled students who are attending

13 school while under the influence of illegal drugs

14 or alcohol;

15 ‘‘(G) possession or use of guns or other

16 weapons;

17 ‘‘(H) participation in youth gangs; or

18 ‘‘(I) crimes against property, such as theft

19 or vandalism.

20 ‘‘(c) TRANSPORTATION COSTS.—The local educational

21 agency that serves the public school in which the violent

22 criminal offense occurred or that serves the designated un23 safe public school may use funds provided under this part

24 to provide transportation services or to pay the reasonable
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1 costs of transportation for the student to attend the school

2 selected by the student’s parent.

3 ‘‘(d) SPECIAL RULE.—Any school receiving assistance

4 provided under this section shall comply with title VI of

5 the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and

6 not discriminate on the basis of race, color, or national ori7 gin.

8 ‘‘(e) PART B OF THE INDIVIDUALS WITH DISABILITIES

9 EDUCATION ACT.—Nothing in this section shall be con10 strued to affect the requirements of part B of the Individ11 uals with Disabilities Education Act (20 U.S.C. 1411 et

12 seq.).’’.

13 SEC. 117. ASSESSMENT AND LOCAL EDUCATIONAL AGENCY

14 AND SCHOOL IMPROVEMENT.

15 Section 1116 (20 U.S.C. 6317) is amended to read as

16 follows:

17 ‘‘SEC. 1116. ASSESSMENT AND LOCAL EDUCATIONAL AGEN18 CY AND SCHOOL IMPROVEMENT.

19 ‘‘(a) LOCAL REVIEW.—Each local educational agency

20 receiving funds under this part shall—

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

22 State plan;

23 ‘‘(2) use any additional measures or indicators

24 described in the local educational agency’s plan to re25 view annually the progress of each school served under
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1 this part to determine whether the school is meeting,

2 or making adequate progress as defined in sections

3 1111(b)(2) (B) and (D) toward enabling its students

4 to meet the State’s student performance standards de5 scribed in the State plan;

6 ‘‘(3) provide the results of the local annual re7 view to schools so that the schools, principals, teach8 ers, and other staff in an instructionally useful man9 ner can continually refine the program of instruction

10 to help all children served under this part in those

11 schools meet the State’s student performance stand12 ards; and

13 ‘‘(4) annually review the effectiveness of the ac14 tions and activities the schools are carrying out under

15 this part with respect to parental involvement activi16 ties under section 1118, professional development ac17 tivities under section 1119, and other activities as18 sisted under this Act.

19 ‘‘(b) DESIGNATION OF DISTINGUISHED SCHOOLS.—

20 Each State educational agency and local educational agen21 cy receiving funds under this part shall designate distin22 guished schools in accordance with section 1117.

23 ‘‘(c) SCHOOL IMPROVEMENT.—

24 ‘‘(1) SCHOOL IMPROVEMENT.—(A) Subject to

25 subparagraph (B), a local educational agency shall
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1 identify for school improvement any elementary

2 school or secondary school served under this part that

3 fails, for any year, to make adequate yearly progress

4 as defined in the State’s plan under sections

5 1111(b)(2) (B) and (D).

6 ‘‘(B) Subparagraph (A) shall not apply to a

7 school if almost every student in such school is meet8 ing the State’s proficient level of performance.

9 ‘‘(C) To determine if an elementary school or a

10 secondary school that is conducting a targeted assist11 ance program under section 1115 should be identified

12 for school improvement under this subsection, a local

13 educational agency may choose to review the progress

14 of only the students in the school who are served, or

15 are eligible for services, under this part.

16 ‘‘(2) OPPORTUNITY TO REVIEW AND PRESENT

17 EVIDENCE; TIME LIMIT.—(A) Before identifying an el18 ementary school or a secondary school for school im19 provement under paragraph (1), for corrective action

20 under paragraph (7), or for reconstitution under

21 paragraph (8), the local educational agency shall pro22 vide the school with an opportunity to review the

23 school-level data, including assessment data, on which

24 such identification is based.
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1 ‘‘(B) If the principal of a school proposed for

2 identification under paragraph (1), (7), or (8) be3 lieves that the proposed identification is in error for

4 statistical or other substantive reasons, the principal

5 may provide supporting evidence to the local edu6 cational agency, which shall consider that evidence

7 before making a final determination.

8 ‘‘(C) Not later than 30 days after a local edu9 cational agency makes an initial determination con10 cerning identifying a school under paragraph (1), (7),

11 or (8), the local educational agency shall make public

12 a final determination on the status of the school.

13 ‘‘(3) SCHOOL PLAN.—(A) Each school identified

14 under paragraph (1) for school improvement shall,

15 not later than 3 months after being so identified, de16 velop or revise a school plan, in consultation with

17 parents, school staff, the local educational agency

18 serving the school, the local school board, and other

19 outside experts, for approval by such local educational

20 agency. The school plan shall cover a 2-year period

21 and—

22 ‘‘(i) incorporate scientifically based research

23 strategies that strengthen the core academic sub24 jects in the school and address the specific aca25 demic issues that caused the school to be identi-
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1 fied for school improvement and may include a

2 strategy for the implementation of a comprehen3 sive school reform model that meets each of the

4 components described in section 1706(a);

5 ‘‘(ii) adopt policies and practices con6 cerning the school’s core academic subjects that

7 have the greatest likelihood of ensuring that all

8 groups of students specified in section

9 1111(b)(2)(B)(v)(II) and enrolled in the school

10 will meet the State’s proficient level of perform11 ance on the State assessment described in section

12 1111(b)(3) within 10 years after the date of en13 actment of the Better Education for Students

14 and Teachers Act;

15 ‘‘(iii) provide an assurance that the school

16 will reserve not less than 10 percent of the funds

17 made available to the school under this part for

18 each fiscal year that the school is in school im19 provement status, for the purpose of providing to

20 the school’s teachers and principal high-quality

21 professional development that—

22 ‘‘(I) directly addresses the academic

23 performance problem that caused the school

24 to be identified for school improvement; and
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1 ‘‘(II) meets the requirements for profes2 sional development activities under section

3 1119;

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

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

6 school improvement status;

7 ‘‘(v) establish specific annual, objective

8 goals for continuous and significant progress by

9 each group of students specified in section 1111

10 (b)(2)(B)(v)(II) and enrolled in the school that

11 will ensure that all such groups of students will

12 make continuous and significant progress to13 wards meeting the goal of all students reaching

14 the State’s proficient level of performance on the

15 State assessment described in section 1111(b)(3)

16 within 10 years after the date of enactment of

17 the Better Education for Students and Teachers

18 Act;

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

20 written notification about the identification to

21 the parents of each student enrolled in such

22 school, in a format and, to the extent practicable,

23 in a language the parents can understand;

24 ‘‘(vii) specify the responsibilities of the

25 school, the local educational agency, and the
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1 State educational agency serving the school

2 under the plan, including the technical assist3 ance to be provided by the local educational

4 agency under paragraph (4); and

5 ‘‘(viii) include strategies to promote effective

6 parental involvement in the school.

7 ‘‘(B) The local educational agency may condi8 tion approval of a school plan on inclusion of 1 or

9 more of the corrective actions specified in paragraph

10 (7)(D)(ii).

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

12 (including a revised plan) expeditiously, but not later

13 than the beginning of the school year following the

14 school year in which the school was identified for

15 school improvement.

16 ‘‘(D) The local educational agency, within 45

17 days after receiving a school plan, shall—

18 ‘‘(i) establish a peer-review process to assist

19 with review of a school plan prepared by a

20 school served by the local educational agency;

21 and

22 ‘‘(ii) promptly review the school plan, work

23 with the school as necessary, and approve the

24 school plan if the plan meets the requirements of

25 this paragraph.
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1 ‘‘(4) TECHNICAL ASSISTANCE.—(A) For each

2 school identified for school improvement under para3 graph (1), the local educational agency serving the

4 school shall provide technical assistance as the school

5 develops and implements the school plan.

6 ‘‘(B) Such technical assistance—

7 ‘‘(i) shall include assistance in analyzing

8 data from the assessments required under section

9 1111(b)(3), and other samples of student work, to

10 identify and address instructional problems in11 cluding problems, if any, in implementing the

12 parental involvement requirements described in

13 section 1118, the professional development re14 quirements described in section 1119, and the re15 sponsibilities of the school and local educational

16 agency under the school plan and solutions;

17 ‘‘(ii) shall include assistance in identifying

18 and implementing instructional strategies and

19 methods that are tied to scientifically based re20 search and that have proven effective in address21 ing the specific instructional issues that caused

22 the school to be identified for school improve23 ment;

24 ‘‘(iii) shall include assistance in analyzing

25 and revising the school’s budget so that the school
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1 resources are more effectively allocated for the ac2 tivities most likely to increase student perform3 ance and to remove the school from school im4 provement status; and

5 ‘‘(iv) may be provided—

6 ‘‘(I) by the local educational agency,

7 through mechanisms authorized under sec8 tion 1117; or

9 ‘‘(II) by the State educational agency,

10 an institution of higher education (in full

11 compliance with all the reporting provisions

12 of title II of the Higher Education Act of

13 1965), a private not-for-profit organization

14 or for-profit organization, an educational

15 service agency, or another entity with expe16 rience in helping schools improve perform17 ance.

18 ‘‘(C) Technical assistance provided under this

19 section by a local educational agency or an entity ap20 proved by that agency shall be based on scientifically

21 based research.

22 ‘‘(5) FAILURE TO MAKE ADEQUATE YEARLY

23 PROGRESS AFTER IDENTIFICATION.—In the case of

24 any school served under this part that fails to make

25 adequate yearly progress, as defined by the State
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1 under sections 1111(b)(2) (B) and (D), at the end of

2 the first year after the school year for which the school

3 was identified under paragraph (1), the local edu4 cational agency serving such school—

5 ‘‘(A) shall provide all students enrolled in

6 the school with the option to transfer to another

7 public school within the local educational agen8 cy, including a public charter school, that has

9 not been identified for school improvement under

10 paragraph (1), unless—

11 ‘‘(i) such an option is prohibited by

12 State law or local law, which includes

13 school board approved local educational

14 agency policy; or

15 ‘‘(ii) the local educational agency dem16 onstrates to the satisfaction of the State

17 educational agency that the local edu18 cational agency lacks the capacity to pro19 vide that option to all students in the school

20 who request the option, in which case the

21 local educational agency shall permit as

22 many students as possible (selected by the

23 agency on an equitable basis and giving

24 priority to the lowest achieving students) to

25 make such a transfer, after giving notice to
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1 the parents of affected children that it is not

2 possible, consistent with State and local

3 law, to accommodate the transfer request of

4 every student;

5 ‘‘(B) may identify the school for, and take,

6 corrective action under paragraph (7); and

7 ‘‘(C) shall continue to provide technical as8 sistance while instituting any corrective action.

9 ‘‘(6) NOTIFICATION TO PARENTS.—A local edu10 cational agency shall promptly provide (in a format

11 and, to the extent practicable, in a language the par12 ents can understand) the parents of each student in

13 an elementary school or a secondary school identified

14 for school improvement under paragraph (1), for cor15 rective action under paragraph (7), or for reconstitu16 tion under paragraph (8)—

17 ‘‘(A) an explanation of what the identifica18 tion means, and how the school compares in

19 terms of academic performance to other elemen20 tary schools or secondary schools served by the

21 State educational agency and the local edu22 cational agency involved;

23 ‘‘(B) the reasons for the identification;

24 ‘‘(C) an explanation of what the school is

25 doing to address the problem of low performance;
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1 ‘‘(D) an explanation of what the State edu2 cational agency or local educational agency is

3 doing to help the school address the performance

4 problem;

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

7 addressing the academic issues that caused the

8 school to be identified; and

9 ‘‘(F) when the school is identified for correc10 tive action under paragraph (7) or for recon11 stitution under paragraph (8), an explanation of

12 the parents’ option to transfer their child to an13 other public school (with transportation provided

14 by the agency when required by paragraph (9))

15 or to obtain supplemental services for the child,

16 in accordance with those paragraphs.

17 ‘‘(7) CORRECTIVE ACTION.—(A) In this sub18 section, the term ‘corrective action’ means action, con19 sistent with State and local law, that—

20 ‘‘(i) substantially and directly responds

21 to—

22 ‘‘(I) the consistent academic failure of

23 a school that caused the local educational

24 agency to take such action; and
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1 ‘‘(II) any underlying staffing, cur2 riculum, or other problem in the school; and

3 ‘‘(ii) is designed to increase substantially

4 the likelihood that students enrolled in the school

5 identified for corrective action will perform at

6 the State’s proficient and advanced levels of per7 formance on the State assessment described in

8 section 1111(b)(3).

9 ‘‘(B) In order to help students served under this

10 part meet challenging State standards, each local edu11 cational agency shall implement a system of correc12 tive action in accordance with subparagraphs (C)

13 through (F) and paragraph (8).

14 ‘‘(C) In the case of any school served by the local

15 educational agency under this part that fails to make

16 adequate yearly progress, as defined by the State

17 under sections 1111(b)(2) (B) and (D), at the end of

18 the second year after the school year for which the

19 school was identified under paragraph (1), the local

20 educational agency shall—

21 ‘‘(i)(I) provide all students enrolled in the

22 school with the option to transfer to another pub23 lic school within the local educational agency,

24 including a public charter school, that has not
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1 been identified for school improvement under

2 paragraph (1); and

3 ‘‘(II) if all public schools in the local edu4 cational agency to which children may transfer

5 are identified under paragraph (1) or this para6 graph, the agency shall, to the extent practicable,

7 establish a cooperative agreement with other

8 local educational agencies in the area for the

9 transfer of as many of those children as possible,

10 selected by the agency on an equitable basis;

11 ‘‘(ii) make supplemental educational serv12 ices available, in accordance with subsection (f),

13 to children who remain in the school;

14 ‘‘(iii) identify the school for corrective ac15 tion and take at least one of the following correc16 tive actions:

17 ‘‘(I) Make alternative governance ar18 rangements, such as reopening the school as

19 a public charter school.

20 ‘‘(II) Replace the relevant school staff.

21 ‘‘(III) Institute and fully implement a

22 new curriculum, including providing ap23 propriate professional development for all

24 relevant staff, that is tied to scientifically

25 based research and offers substantial prom-
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1 ise of improving educational performance

2 for low-performing students; and

3 ‘‘(iv) continue to provide technical assist4 ance to the school.

5 ‘‘(D) A local educational agency may delay, for

6 a period not to exceed one year, implementation of

7 corrective action only if the school’s failure to make

8 adequate yearly progress was justified due to excep9 tional or uncontrollable circumstances, such as a nat10 ural disaster or a precipitous and unforeseen decline

11 in the financial resources of the local educational

12 agency or school.

13 ‘‘(E) The local educational agency shall publish

14 and disseminate information regarding any corrective

15 action the local educational agency takes under this

16 paragraph at a school to the public through such

17 means as the Internet, the media, and public agen18 cies.

19 ‘‘(8) RECONSTITUTION.—(A) If, after one year of

20 corrective action under paragraph (7), a school sub21 ject to such corrective action continues to fail to make

22 adequate yearly progress then the local educational

23 agency shall—

24 ‘‘(i) provide all students enrolled in the

25 school with the option to transfer to another pub-
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1 lic school in accordance with paragraph

2 (7)(C)(i);

3 ‘‘(ii) make supplemental educational serv4 ices available, in accordance with subsection (f),

5 to children who remain in the school; and

6 ‘‘(iii) prepare a plan and make necessary

7 arrangements to carry out subparagraph (B).

8 ‘‘(B)(i) Not later than the beginning of the school

9 year following the year in which the local educational

10 agency implements subparagraph (A), the local edu11 cational agency shall implement at least one of the

12 following alternative governance arrangements for the

13 school, consistent with State law:

14 ‘‘(I) Reopening the school as a public char15 ter school.

16 ‘‘(II) Replacing all or most of the school

17 staff.

18 ‘‘(III) Turning the operation of the school

19 over to another entity, such as a private con20 tractor, with a demonstrated record of success.

21 ‘‘(IV) Turning the operation of the school

22 over to the State, if agreed to by the State.

23 ‘‘(V) Any other major restructuring of the

24 school’s governance arrangement.
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1 ‘‘(ii) A rural local agency, as described in sec2 tion 5231(b), may apply to the Secretary for a waiver

3 of the requirements of this subparagraph if the agency

4 submits to the Secretary an alternative plan for mak5 ing significant changes to improve student perform6 ance in the school, such as providing an academically

7 focused after school program for all students, chang8 ing school administration, or implementing a re9 search based, proven effective, whole school reform

10 program. The Secretary shall approve or reject an ap11 plication for a waiver under this subparagraph not

12 later than 30 days after the submission of informa13 tion required by the Secretary to apply for the waiv14 er. If the Secretary fails to make a determination

15 with respect to the waiver application within such 30

16 days, the application shall be considered approved by

17 the Secretary.

18 ‘‘(C) The local educational agency shall provide

19 prompt notice to teachers and parents whenever sub20 paragraph (A) or (B) applies, shall provide the teach21 ers and parents an adequate opportunity to comment

22 before taking any action under those subparagraphs

23 and to participate in developing any plan under sub24 paragraph (A)(iii).
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1 ‘‘(9) TRANSPORTATION.—In any case described

2 in paragraph (7)(C), the local educational agency—

3 ‘‘(A) shall provide, or shall pay for the pro4 vision of, transportation for the student to the

5 school the child attends, notwithstanding sub6 section (f)(1)(C)(ii); and

7 ‘‘(B) may use not more than a total of 15

8 percent of the local educational agency’s alloca9 tion under this part for a fiscal year for that

10 transportation or for supplemental services

11 under subsection (f).

12 ‘‘(10) DURATION OF RECONSTITUTION.—If any

13 school identified for reconstitution under paragraph

14 (8) makes adequate yearly progress for two consecu15 tive years, the local educational agency need no longer

16 subject the school to corrective action or identify the

17 school as in need of improvement for the succeeding

18 school year.

19 ‘‘(11) SPECIAL RULES.—A local educational

20 agency shall permit a child who transferred to an21 other school under this subsection to remain in that

22 school, and shall continue to provide or provide for

23 transportation for the child to attend that school to

24 the extent required by paragraph (9)(B) until the

25 child leaves that school.
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1 ‘‘(12) SCHOOLS PREVIOUSLY IDENTIFIED FOR

2 SCHOOL IMPROVEMENT OR CORRECTIVE ACTION.—

3 ‘‘(A) SCHOOL IMPROVEMENT.—(i) Except as

4 provided in clauses (ii) and (iii), any school that

5 was in school improvement status under this

6 subsection on the day preceding the date of en7 actment of the Better Education for Students

8 and Teachers Act shall be treated by the local

9 educational agency, at the beginning of the next

10 school year following such day, as a school that

11 is in the first year of school improvement under

12 paragraph (1).

13 ‘‘(ii) Any school that was in school im14 provement status under this subsection for the

15 two school years preceding the date of enactment

16 of the Better Education for Students and Teach17 ers Act shall be treated by the local educational

18 agency, at the beginning of the next school year

19 following such day, as a school described in

20 paragraph (5).

21 ‘‘(iii) Any school described in clause (ii)

22 that fails to make adequate yearly progress for

23 the first full school year following the date of en24 actment of the Better Education for Students
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1 and Teachers Act shall be subject to paragraph

2 (7)(C) at the beginning of the next school year.

3 ‘‘(iv) Any school described in clause (iii)

4 that fails to make adequate yearly progress for

5 the second full school year following the date of

6 enactment of the Better Education for Students

7 and Teachers Act shall be subject to paragraph

8 (8) at the beginning of the next school year.

9 ‘‘(B) CORRECTIVE ACTION.—(i) Any school

10 that was in corrective action status under this

11 subsection on the day preceding the date of en12 actment of the Better Education for Students

13 and Teachers Act, and that fails to make ade14 quate yearly progress for the school year fol15 lowing such date, shall be subject to paragraph

16 (7)(C) at the beginning of the next school year.

17 ‘‘(ii) Any school described in clause (i) that

18 fails to make adequate yearly progress for the

19 second school year following such date shall be

20 subject to paragraph (8) at the beginning of the

21 next school year.

22 ‘‘(13) STATE EDUCATIONAL AGENCY RESPON23 SIBILITIES.—The State educational agency shall—

24 ‘‘(A) make technical assistance under sec25 tion 1117 available to all schools identified for
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1 school improvement and corrective action under

2 this subsection, to the extent possible with funds

3 reserved under section 1003;

4 ‘‘(B) if the State educational agency deter5 mines that a local educational agency failed to

6 carry out its responsibilities under this sub7 section, take such corrective actions as the State

8 educational agency determines appropriate and

9 in compliance with State law;

10 ‘‘(C) for each school in the State that is

11 identified for school improvement or corrective

12 action, notify the Secretary of academic and

13 other factors that were determined by the State

14 educational agency under section 1111(b)(8) as

15 significantly impacting student achievement;

16 and

17 ‘‘(D) if a school in the State is identified for

18 school improvement or corrective action, encour19 age appropriate State and local agencies and

20 community groups to develop a consensus plan

21 to address any factors that significantly im22 pacted student achievement.

23 ‘‘(d) STATE REVIEW AND LOCAL EDUCATIONAL AGEN24 CY IMPROVEMENT.—
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1 ‘‘(1) IN GENERAL.—A State educational agency

2 shall review annually—

3 ‘‘(A) the progress of each local educational

4 agency receiving funds under this part to deter5 mine whether schools receiving assistance under

6 this part are making adequate progress as de7 fined in sections 1111(b)(2) (B) and (D) toward

8 meeting the State’s student performance stand9 ards and to determine whether each local edu10 cational agency is carrying out its responsibil11 ities under section 1116 and section 1117; and

12 ‘‘(B) the effectiveness of the activities car13 ried out under this part by each local edu14 cational agency that receives funds under this

15 part and is served by the State educational agen16 cy with respect to parental involvement, profes17 sional development, and other activities assisted

18 under this part.

19 ‘‘(2) REWARDS.—In the case of a local edu20 cational agency that for 3 consecutive years has met

21 or exceeded the State’s definition of adequate progress

22 as defined in sections 1111(b)(2) (B) and (D), the

23 State may make institutional and individual rewards

24 of the kinds described for individual schools in para25 graph (2) of section 1117(c).
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1 ‘‘(3) IDENTIFICATION.—(A) A State educational

2 agency shall identify for improvement any local edu3 cational agency that for 2 consecutive years, is not

4 making adequate progress as defined in sections

5 1111(b)(2) (B) and (D) in schools served under this

6 part toward meeting the State’s student performance

7 standards, except that schools served by the local edu8 cational agency that are operating targeted assistance

9 programs may be reviewed on the basis of the progress

10 of only those students served under this part.

11 ‘‘(B) Before identifying a local educational agen12 cy for improvement under this paragraph, the State

13 educational agency shall provide the local educational

14 agency with an opportunity to review the school-level

15 data, including assessment data, on which such iden16 tification is based. If the local educational agency be17 lieves that such identification for improvement is in

18 error due to statistical or other substantive reasons,

19 such local educational agency may provide evidence

20 to the State educational agency to support such belief.

21 ‘‘(C) Not later than 30 days after a State edu22 cational agency makes an initial determination under

23 subparagraph (A), the State educational agency shall

24 make public a final determination regarding the im25 provement status of the local educational agency.
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1 ‘‘(4) LOCAL EDUCATIONAL AGENCY REVISIONS.—

2 (A) Each local educational agency identified under

3 paragraph (3) shall, not later than 3 months after

4 being so identified, revise and implement a local edu5 cational agency plan as described under section 1112.

6 The plan shall—

7 ‘‘(i) include specific State-determined year8 ly progress requirements in subjects and grades

9 to ensure that all students will make continuous

10 and significant progress towards meeting the

11 goal of all students reaching the proficient level

12 of performance within 10 years;

13 ‘‘(ii) address the fundamental teaching and

14 learning needs in the schools of that agency, and

15 the specific academic problems of low-performing

16 students including a determination of why the

17 local educational agency’s prior plan failed to

18 bring about increased student achievement and

19 performance;

20 ‘‘(iii) incorporate scientifically based re21 search strategies that strengthen the core aca22 demic program in the local educational agency;

23 ‘‘(iv) address the professional development

24 needs of the instructional staff by committing to

25 spend not less than 10 percent of the funds re-
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1 ceived by the local educational agency under this

2 part during 1 fiscal year for professional devel3 opment (including funds reserved for professional

4 development under subsection (c)(3)(A)(iii)),

5 which funds shall supplement and not supplant

6 professional development that instructional staff

7 would otherwise receive, and which professional

8 development shall increase the content knowledge

9 of teachers and build the capacity of the teachers

10 to align classroom instruction with challenging

11 content standards and to bring all students to

12 proficient or advanced levels of performance as

13 determined by the State;

14 ‘‘(v) identify specific goals and objectives

15 the local educational agency will undertake for

16 making adequate yearly progress, which goals

17 and objectives shall be consistent with State

18 standards;

19 ‘‘(vi) identify how the local educational

20 agency will provide written notification regard21 ing the identification to parents of students en22 rolled in elementary schools and secondary

23 schools served by the local educational agency in

24 a format, and to the extent practicable, in a lan25 guage that the parents can understand;
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1 ‘‘(vii) specify the responsibilities of the

2 State educational agency and the local edu3 cational agency under the plan, including tech4 nical assistance to be provided by the State edu5 cational agency under paragraph (5); and

6 ‘‘(viii) include strategies to promote effective

7 parental involvement in the school.

8 ‘‘(5) STATE EDUCATIONAL AGENCY RESPONSI9 BILITY.—(A) For each local educational agency iden10 tified under paragraph (3), the State educational

11 agency shall provide technical or other assistance, as

12 authorized under section 1117, to better enable the

13 local educational agency to—

14 ‘‘(i) develop and implement the local edu15 cational agency’s revised plan; and

16 ‘‘(ii) work with schools needing improve17 ment.

18 ‘‘(B) Technical assistance provided under this

19 section by the State educational agency or an entity

20 authorized by such agency shall be supported by effec21 tive methods and instructional strategies tied to sci22 entifically based research. Such technical assistance

23 shall address problems, if any, in implementing the

24 parental involvement activities described in section
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1 1118 and the professional development activities de2 scribed in section 1119.’’;

3 ‘‘(6) CORRECTIVE ACTION.—(A)(i) Except as

4 provided in subparagraph (E), after providing tech5 nical assistance pursuant to paragraph (5) and tak6 ing other remediation measures, the State educational

7 agency may take corrective action at any time with

8 respect to a local educational agency that has been

9 identified under paragraph (3), but shall take such

10 action, consistent with State and local law, with re11 spect to any local educational agency that continues

12 to fail to make adequate progress at the end of the sec13 ond year following identification under paragraph

14 (3).

15 ‘‘(ii) The State educational agency shall continue

16 to provide technical assistance while implementing

17 any corrective action.

18 ‘‘(B) Consistent with State and local law, in the

19 case of a local educational agency subject to corrective

20 action under this paragraph, the State educational

21 agency shall not take less than 1 of the following cor22 rective actions:

23 ‘‘(i) Instituting and fully implementing a

24 new curriculum that is based on State and local

25 standards, including appropriate professional
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1 development tied to scientifically based research

2 for all relevant staff that offers substantial prom3 ise of improving educational achievement for

4 low-performing students.

5 ‘‘(ii) Restructuring or abolishing the local

6 educational agency.

7 ‘‘(iii) Reconstituting school district per8 sonnel.

9 ‘‘(iv) Removal of particular schools from the

10 jurisdiction of the local educational agency and

11 establishment of alternative arrangements for

12 public governance and supervision of such

13 schools.

14 ‘‘(v) Appointment by the State educational

15 agency of a receiver or trustee to administer the

16 affairs of the local educational agency in place

17 of the superintendent and school board.

18 ‘‘(vi) Deferring, reducing, or withholding

19 funds.

20 ‘‘(C) HEARING.—Prior to implementing any cor21 rective action under this paragraph, the State edu22 cational agency shall provide notice and a hearing to

23 the affected local educational agency, if State law pro24 vides for such notice and hearing. The hearing shall
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1 take place not later than 45 days following the deci2 sion to implement corrective action.

3 ‘‘(D) NOTIFICATION TO PARENTS.—The State

4 educational agency shall publish, and disseminate to

5 parents and the public, any corrective action the

6 State educational agency takes under this paragraph

7 through a widely read or distributed medium.

8 ‘‘(E) DELAY.—A State educational agency may

9 delay, for a period not to exceed one year, implemen10 tation of corrective action under this paragraph only

11 if the local educational agency’s failure to make ade12 quate yearly progress was justified due to exceptional

13 or uncontrollable circumstances, such as a natural

14 disaster or a precipitous and unforeseen decline in the

15 financial resources of the local educational agency.

16 ‘‘(F) WAIVERS.—The State educational agency

17 shall review any waivers approved prior to the date

18 of enactment of the Better Education for Students

19 and Teachers Act for a local educational agency des20 ignated for improvement or corrective action and

21 shall terminate any waiver approved by the State

22 under the Educational Flexibility Partnership Act of

23 1999 if the State determines, after notice and an op24 portunity for a hearing, that the waiver is not help25 ing the local educational agency make yearly progress
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1 to meet the objectives and specific goals described in

2 the local educational agency’s improvement plan.

3 ‘‘(7) SPECIAL RULES.—If a local educational

4 agency makes adequate progress toward meeting the

5 State’s standards for two consecutive years following

6 identification under paragraph (6), the State edu7 cational agency need no longer subject the local edu8 cational agency to corrective action for the succeeding

9 school year.

10 ‘‘(e) CONSTRUCTION.—Nothing in this section shall be

11 construed to alter or otherwise affect the rights, remedies,

12 and procedures afforded school or school district employees

13 under Federal, State, or local laws (including applicable

14 regulations or court orders) or under the terms of collective

15 bargaining agreements, memoranda of understanding, or

16 other agreements between such employees and their employ17 ers.

18 ‘‘(f) SUPPLEMENTAL SERVICES.—

19 ‘‘(1) IN GENERAL.—

20 ‘‘(A) REQUIREMENT.—In the case of any

21 school described in subsection (c)(7)(C) or

22 (c)(8)(A), the local educational agency serving

23 such school shall, subject to subparagraphs (B)

24 through (E), arrange for the provision of supple25 mental educational services to children in the
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1 school whose parents request those services, from

2 providers approved for that purpose by the State

3 educational agency and selected by the parents.

4 ‘‘(B) MAXIMUM ALLOCATION.—The amount

5 that a local educational agency shall make avail6 able for supplemental educational services for

7 each child receiving those services under this sub8 section is equal to the lesser of—

9 ‘‘(i) the amount of the agency’s alloca10 tion under subpart 2 of this part, divided

11 by the number of children from low-income

12 families enrolled in the agency’s schools; or

13 ‘‘(ii) the actual costs of the supple14 mental educational services received by the

15 child.

16 ‘‘(C) FINANCIAL OBLIGATION OF LEA.—The

17 local educational agency shall enter into agree18 ments with such approved providers to provide

19 services under this subsection to all children

20 whose parents request the services, except that—

21 ‘‘(i) the local educational agency may

22 use not more than a total of 15 percent of

23 its allocation under this part for any fiscal

24 year to pay for services under this sub-
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1 section or to provide or provide for trans2 portation under subsection (c)(9); and

3 ‘‘(ii) the total amount described in

4 clause (i) is the maximum amount the local

5 educational agency is required to spend

6 under this part on those services.

7 ‘‘(D) INSUFFICIENT FUNDS.—If the amount

8 of funds described in subparagraph (C) available

9 to provide services under this subsection is insuf10 ficient to provide those services to each child

11 whose parents request the services, then the local

12 educational agency shall give priority to pro13 viding the services to the lowest-achieving chil14 dren.

15 ‘‘(E) PROHIBITION.—A local educational

16 agency shall not, as a result of the application

17 of this paragraph, reduce by more than 15 per18 cent the total amount made available under this

19 part to a school described in subsection (c)(7)(C)

20 or (c)(8)(A).

21 ‘‘(2) ADDITIONAL LOCAL EDUCATIONAL AGENCY

22 RESPONSIBILITIES.—Each local educational agency

23 subject to this subsection shall—
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1 ‘‘(A) provide annual notice to parents (in a

2 format and, to the extent practicable, in a lan3 guage the parents can understand) of—

4 ‘‘(i) the availability of services under

5 this subsection;

6 ‘‘(ii) the eligible providers of those

7 services that are within the school district

8 served by the agency or whose services are

9 reasonably available in neighboring school

10 districts; and

11 ‘‘(iii) a brief description of the services,

12 qualifications, and demonstrated effective13 ness of each such provider;

14 ‘‘(B) provide annual notice to potential pro15 viders of supplemental services in the school dis16 trict of the agency of the opportunity to provide

17 services under this subsection and of the applica18 ble procedures for obtaining approval from the

19 State educational agency to be a provider of

20 those services;

21 ‘‘(C) if requested, assist parents to choose a

22 provider from the list of approved providers

23 maintained by the State;
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1 ‘‘(D) apply fair and equitable procedures

2 for serving students if spaces at eligible providers

3 are not sufficient to serve all students;

4 ‘‘(E) enter into an agreement with each se5 lected provider that includes a statement for each

6 child, developed with the parents of the child and

7 the provider, of specific performance goals for the

8 student, how the student’s progress will be meas9 ured, and how the parents and the child’s teach10 ers will be regularly informed of the child’s

11 progress and that, in the case of a child with dis12 abilities, is consistent with the child’s individ13 ualized education program under section 614(d)

14 of the Individuals with Disabilities Education

15 Act; and

16 ‘‘(F) not disclose to the public the identity

17 of any child eligible for, or receiving, supple18 mental services under this subsection without the

19 written permission of the parents of the child.

20 ‘‘(3) ADDITIONAL STATE EDUCATIONAL AGENCY

21 RESPONSIBILITIES.—Each State educational agency

22 shall, in consultation with local educational agencies,

23 parents, teachers, and other interested members of the

24 public—
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1 ‘‘(A) promote maximum participation

2 under this subsection by service providers to en3 sure, to the extent practicable, that parents have

4 as many choices of those providers as possible;

5 ‘‘(B) develop and apply objective criteria to

6 potential service providers that are based on

7 demonstrated effectiveness in increasing the aca8 demic proficiency of students in subjects relevant

9 to meeting the State content and student per10 formance standards adopted under section

11 1111(b)(1);

12 ‘‘(C) maintain an updated list of approved

13 service providers in school districts served by

14 local educational agencies subject to this sub15 section, from which parents may select;

16 ‘‘(D) develop and implement standards and

17 techniques for monitoring, and publicly report18 ing on, the quality and effectiveness of the serv19 ices offered by service providers, and for with20 drawing approval from providers that fail, for

21 two consecutive years, to contribute to increasing

22 the academic proficiency of students served under

23 this subsection as described in subparagraph (B);

24 and
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1 ‘‘(E) ensure that all approved providers

2 meet applicable health and safety codes.

3 ‘‘(4) WAIVER.—A State educational agency may

4 waive the requirements of this subsection for a local

5 educational agency that demonstrates to the State

6 educational agency’s satisfaction that its list of ap7 proved service providers does not include any pro8 viders whose services are reasonably available geo9 graphically to children in that local educational agen10 cy.

11 ‘‘(5) SPECIAL RULE.—If State law prohibits a

12 State educational agency from carrying out any of its

13 responsibilities under this subsection, each local edu14 cational agency in the State shall carry out those pro15 hibited responsibilities with respect to those who pro16 vide, or seek approval to provide, services to students

17 who attend schools served by the local educational

18 agency.

19 ‘‘(6) DEFINITION.—In this subsection, the term

20 ‘supplemental educational services’ means tutoring

21 and other supplemental academic enrichment services

22 that—

23 ‘‘(A) are of high quality, research-based, fo24 cused on academic content, and directed exclu25 sively at raising student proficiency in meeting
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1 the State’s challenging content and student per2 formance standards; and

3 ‘‘(B) are provided outside of regular school

4 hours.

5 ‘‘(g) OTHER AGENCIES.—If a school is identified for

6 school improvement, the Secretary may notify other rel7 evant Federal agencies regarding the academic and other

8 factors determined by the State educational agency under

9 section 1111(b)(8) as significantly impacting student per10 formance.’’.

11 SEC. 118. ASSISTANCE FOR SCHOOL SUPPORT AND IM12 PROVEMENT.

13 Section 1117 (20 U.S.C. 6318) is amended—

14 (1) in subsection (a), by adding at the end the

15 following:

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

17 a State educational agency shall—

18 ‘‘(A) first, provide support and assistance to

19 local educational agencies subject to corrective

20 action described in section 1116 and assist

21 schools, in accordance with section 1116, for

22 which a local educational agency has failed to

23 carry out its responsibilities under section 1116;

24 ‘‘(B) second, provide support and assistance

25 to other local educational agencies and schools
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1 identified as in need of improvement under sec2 tion 1116; and

3 ‘‘(C) third, provide support and assistance

4 to other local educational agencies and schools

5 participating under this part that need support

6 and assistance in order to achieve the purpose of

7 this part.’’;

8 (2) in subsection (b), by striking ‘‘the com9 prehensive regional technical assistance centers under

10 part A of title XIII and’’ and inserting ‘‘comprehen11 sive regional technical assistance centers, and’’; and

12 (3) in subsection (c)—

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

14 follows:

15 ‘‘(1) APPROACHES.—

16 ‘‘(A) IN GENERAL.—In order to achieve the

17 purpose described in subsection (a), each such

18 system shall give priority to using funds made

19 available to carry out this section—

20 ‘‘(i) to establish school support teams

21 for assignment to and working in schools in

22 the State that are described in subsection

23 (a)(3)(A); and

24 ‘‘(ii) to provide such support as the

25 State educational agency determines to be
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1 necessary and available to assure the effec2 tiveness of such teams.

3 ‘‘(B) COMPOSITION.—Each school support

4 team shall be composed of persons knowledgeable

5 about successful schoolwide projects, school re6 form, and improving educational opportunities

7 for low-achieving students, including—

8 ‘‘(i) teachers;

9 ‘‘(ii) pupil services personnel;

10 ‘‘(iii) parents;

11 ‘‘(iv) distinguished teachers or prin12 cipals;

13 ‘‘(v) representatives of institutions of

14 higher education;

15 ‘‘(vi) regional educational laboratories

16 or research centers;

17 ‘‘(vii) outside consultant groups; or

18 ‘‘(viii) other individuals as the State

19 educational agency, in consultation with the

20 local educational agency, may determine

21 appropriate.

22 ‘‘(C) FUNCTIONS.—Each school support

23 team assigned to a school under this section

24 shall—
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1 ‘‘(i) review and analyze all facets of

2 the school’s operation, including the design

3 and operation of the instructional program,

4 and assist the school in developing rec5 ommendations for improving student per6 formances in that school;

7 ‘‘(ii) collaborate, with school staff and

8 the local educational agency serving the

9 school, in the design, implementation, and

10 monitoring of a plan that, if fully imple11 mented, can reasonably be expected to im12 prove student performance and help the

13 school meet its goals for improvement, in14 cluding adequate yearly progress under sec15 tion 1111(b)(2)(B);

16 ‘‘(iii) evaluate, at least semiannually,

17 the effectiveness of school personnel assigned

18 to the school, including identifying out19 standing teachers and principals, and make

20 findings and recommendations (including

21 the need for additional resources, profes22 sional development, or compensation) to the

23 school, the local educational agency, and,

24 where appropriate, the State educational

25 agency; and
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1 ‘‘(iv) make additional recommenda2 tions as the school implements the plan de3 scribed in clause (ii) to the local edu4 cational agency and the State educational

5 agency concerning additional assistance

6 and resources that are needed by the school

7 or the school support team.

8 ‘‘(D) CONTINUATION OF ASSISTANCE.—After

9 1 school year, the school support team may rec10 ommend that the school support team continue to

11 provide assistance to the school, or that the local

12 educational agency or the State educational

13 agency, as appropriate, take alternative actions

14 with regard to the school.’’;

15 (B) in paragraph (2)—

16 (i) in subparagraph (A), by striking

17 ‘‘part which’’ and all that follows through

18 the period and inserting ‘‘part.’’; and

19 (ii) in subparagraph (C)—

20 (I) by striking ‘‘and may’’ and

21 inserting ‘‘(and may’’; and

22 (II) by striking ‘‘exemplary per23 formance’’ and inserting ‘‘exemplary

24 performance)’’; and

25 (C) in paragraph (3)—
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1 (i) in the paragraph heading, by strik2 ing ‘‘EDUCATORS’’ and inserting ‘‘TEACH3 ERS AND PRINCIPALS’’;

4 (ii) by amending subparagraph (A) to

5 read as follows:

6 ‘‘(A) The State may also recognize and pro7 vide financial awards to teachers or principals

8 in a school described in paragraph (2) whose

9 students consistently make significant gains in

10 academic achievement.’’;

11 (iii) in subparagraph (B), by striking

12 ‘‘educators’’ and inserting ‘‘teachers or

13 principals’’; and

14 (iv) by striking subparagraph (C).

15 SEC. 118A. GRANTS FOR ENHANCED ASSESSMENT INSTRU16 MENTS.

17 Part A of title I (20 U.S.C. 6311 et seq.) is amended

18 by inserting after section 1117 (20 U.S.C. 6318) the fol19 lowing:

20 ‘‘SEC. 1117A. GRANTS FOR ENHANCED ASSESSMENT IN21 STRUMENTS.

22 ‘‘(a) PURPOSE.—The purpose of this section is to—

23 ‘‘(1) enable States (or consortia or States) and

24 local educational agencies (or consortia of local edu25 cational agencies) to collaborate with institutions of
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1 higher education, other research institutions, and

2 other organizations to improve the quality and fair3 ness of State assessment systems beyond the basic re4 quirements for assessment systems described in section

5 1111(b)(3);

6 ‘‘(2) characterize student achievement in terms of

7 multiple aspects of proficiency;

8 ‘‘(3) chart student progress over time;

9 ‘‘(4) closely track curriculum and instruction;

10 and

11 ‘‘(5) monitor and improve judgments based on

12 informed evaluations of student performance.

13 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There

14 are authorized to be appropriated to carry out this section

15 $200,000,000 for fiscal year 2002 and such sums as may

16 be necessary for each of the 6 succeeding fiscal years.

17 ‘‘(c) GRANTS AUTHORIZED.—The Secretary is author18 ized to award grants to States and local educational agen19 cies to enable the States and local educational agencies to

20 carry out the purpose described in subsection (a).

21 ‘‘(d) APPLICATION.—In order to receive a grant under

22 this section for any fiscal year, a State or local educational

23 agency shall submit an application to the Secretary at such

24 time and containing such information as the Secretary may

25 require.
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1 ‘‘(e) AUTHORIZED USE OF FUNDS.—A State or local

2 educational agency having an application approved under

3 subsection (d) shall use the grant funds received under this

4 section to collaborate with institutions of higher education

5 or other research institutions, experts on curriculum, teach6 ers, administrators, parents, and assessment developers for

7 the purpose of developing enhanced assessments that are

8 aligned with standards and curriculum, are valid and reli9 able for the purposes for which the assessments are to be

10 used, are grade-appropriate, include multiple measures of

11 student achievement from multiple sources, and otherwise

12 meet the requirements of section 1111(b)(3). Such assess13 ments shall strive to better measure higher order thinking

14 skills, understanding, analytical ability, and learning over

15 time through the development of assessment tools that in16 clude techniques such as performance, curriculum-, and

17 technology-based assessments.

18 ‘‘(f) ANNUAL REPORTS.—Each State or local edu19 cational agency receiving a grant under this section shall

20 report to the Secretary at the end of the fiscal year for which

21 the State or local educational agency received the grant on

22 the progress of the State or local educational agency in im23 proving the quality and fairness of assessments with respect

24 to the purpose described in subsection (a).’’.
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1 SEC. 119. PARENTAL INVOLVEMENT.

2 (a) IN GENERAL.—Section 1118 (20 U.S.C. 6319) is

3 amended—

4 (1) in subsection (a)(2)(B), by inserting ‘‘activi5 ties to improve student achievement and student and

6 school performance’’ after ‘‘involvement’’;

7 (2) in subsection (b)(1)—

8 (A) in the first sentence, by inserting ‘‘(in

9 a language parents can understand)’’ after ‘‘dis10 tribute’’; and

11 (B) in the second sentence, insert ‘‘shall be

12 made available to the local community and’’

13 after ‘‘Such policy’’;

14 (3) in subsection (e)—

15 (A) in paragraph (1), by striking ‘‘partici16 pating parents in such areas as understanding

17 the National Education Goals,’’ and inserting

18 ‘‘parents of children served by the school or local

19 educational agency, as appropriate, in under20 standing’’;

21 (B) in paragraph (2)—

22 (i) in subparagraph (A), by striking

23 ‘‘and’’ after the semicolon;

24 (ii) in subparagraph (B), by inserting

25 ‘‘and’’ after the semicolon; and
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1 (iii) by adding at the end the fol2 lowing:

3 ‘‘(C) using technology, as appropriate, to

4 foster parental involvement;’’;

5 (C) in paragraph (14), by striking ‘‘and’’

6 after the semicolon;

7 (D) by amending paragraph (15) to read as

8 follows:

9 ‘‘(15) may establish a school district wide parent

10 advisory council to advise the school and local edu11 cational agency on all matters related to parental in12 volvement in programs supported under this section;

13 and’’; and

14 (E) by adding at the end the following:

15 ‘‘(16) shall provide such other reasonable support

16 for parental involvement activities under this section

17 as parents may request, which may include emerging

18 technologies.’’;

19 (4) in subsection (f), by striking ‘‘or with’’ and

20 inserting ‘‘, parents of migratory children, or parents

21 with’’; and

22 (5) by striking subsection (g) and inserting the

23 following:

24 ‘‘(g) INFORMATION FROM PARENTAL INFORMATION

25 AND RESOURCE CENTERS.—In a State where a parental
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1 information and resource center is established to provide

2 training, information, and support to parents and individ3 uals who work with local parents, local educational agen4 cies, and schools receiving assistance under this part, each

5 school or local educational agency that receives assistance

6 under this part and is located in the State, shall assist par7 ents and parental organizations by informing such parents

8 and organizations of the existence and purpose of such cen9 ters, providing such parents and organizations with a de10 scription of the services and programs provided by such cen11 ters, advising parents on how to use such centers, and help12 ing parents to contact such centers.

13 ‘‘(h) REVIEW.—The State educational agency shall re14 view the local educational agency’s parental involvement

15 policies and practices to determine if the policies and prac16 tices meet the requirements of this section.’’.

17 (b) GRANTS.—Section 1118(a)(3) (20 U.S.C.

18 6319(a)(3)) is amended by adding at the end the following:

19 ‘‘(C)(i)(I) The Secretary is authorized to award

20 grants to local educational agencies to enable the local

21 educational agencies to supplement the implementa22 tion of the provisions of this section and to allow for

23 the expansion of other recognized and proven initia24 tives and policies to improve student achievement

25 through the involvement of parents.
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1 ‘‘(II) Each local educational agency desiring a

2 grant under this subparagraph shall submit to the

3 Secretary an application at such time, in such man4 ner, and containing such information as the Sec5 retary may require.

6 ‘‘(ii) Each application submitted under clause

7 (i)(II) shall describe the activities to be undertaken

8 using funds received under this subparagraph, shall

9 set forth the process by which the local educational

10 agency will annually evaluate the effectiveness of the

11 agency’s activities in improving student achievement

12 and increasing parental involvement shall include an

13 assurance that the local educational agency will no14 tify parents of the option to transfer their child to an15 other public school under section 1116(c)(7) or to ob16 tain supplemental services for their child under sec17 tion 1116(c)(8), in accordance with those sections.

18 ‘‘(iii) Each grant under this subparagraph shall

19 be awarded for a 5-year period.

20 ‘‘(iv) The Secretary shall conduct a review of the

21 activities carried out by each local educational agency

22 using funds received under this subparagraph to de23 termine whether the local educational agency dem24 onstrates improvement in student achievement and an

25 increase in parental involvement.
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1 ‘‘(v) The Secretary shall terminate grants to a

2 local educational agency under this subparagraph

3 after the fourth year if the Secretary determines that

4 the evaluations conducted by such agency and the re5 views conducted by the Secretary show no improve6 ment in the local educational agency’s student

7 achievement and no increase in such agency’s paren8 tal involvement.

9 ‘‘(vi) There are authorized to be appropriated to

10 carry out this subparagraph $100,000,000 for fiscal

11 year 2002, and such sums as may be necessary for

12 each subsequent fiscal year.’’.

13 SEC. 120. PROFESSIONAL DEVELOPMENT.

14 Section 1119 (20 U.S.C. 6320) is amended—

15 (1) in subsection (b)(1)—

16 (A) by amending subparagraph (A) to read

17 as follows:

18 ‘‘(A) support professional development ac19 tivities that give teachers, principals, adminis20 trators, paraprofessionals, pupil services per21 sonnel, and parents the knowledge and skills to

22 provide students with the opportunity to meet

23 challenging State or local content standards and

24 student performance standards;’’;
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1 (B) by redesignating subparagraphs (B)

2 through (E) as subparagraphs (D) through (G),

3 respectively;

4 (C) by inserting after subparagraph (A) the

5 following:

6 ‘‘(B) advance teacher understanding of ef7 fective instructional strategies, based on research

8 for improving student achievement, at a min9 imum in reading or language arts and mathe10 matics;

11 ‘‘(C) 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 class15 room, except that this subparagraph shall not

16 apply to an activity if such activity is 1 compo17 nent of a long-term comprehensive professional

18 development plan established by the teacher and

19 the teacher’s supervisor based upon an assess20 ment of the needs of the teacher, the needs of stu21 dents, and the needs of the local educational

22 agency;’’;

23 (D) in subparagraph (E) (as so redesig24 nated), by striking ‘‘title III of the Goals 2000:

25 Educate America Act,’’;
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1 (E) in subparagraph (F) (as so redesig2 nated), by striking ‘‘and’’ after the semicolon;

3 (F) in subparagraph (G) (as so redesig4 nated), by striking the period and inserting a

5 semicolon; and

6 (G) by adding at the end the following:

7 ‘‘(H) to the extent appropriate, provide

8 training for teachers in the use of technology and

9 the applications of technology that are effectively

10 used—

11 ‘‘(i) in the classroom to improve teach12 ing and learning in the curriculum; and

13 ‘‘(ii) in academic content areas in

14 which the teachers provide instruction;

15 ‘‘(I) be regularly evaluated for their impact

16 on increased teacher effectiveness and improved

17 student performance and achievement, with the

18 findings of such evaluations used to improve the

19 quality of professional development; and

20 ‘‘(J) provide assistance to teachers for the

21 purpose of meeting certification, licensing, or

22 other requirements needed to become highly

23 qualified as defined in section 2102(4).’’;
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1 (2) in subsection (g), by striking ‘‘title III of the

2 Goals 2000: Educate America Act,’’ and inserting

3 ‘‘other Acts’’; and

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

5 ‘‘(j) REQUIREMENT.—Each local educational agency

6 that receives funds under this part and serves a school in

7 which 50 percent or more of the children are from low in8 come families shall use not less than 5 percent of the funds

9 for each of fiscal years 2002 and fiscal year 2003, and not

10 less than 10 percent of the funds for each subsequent fiscal

11 year, for professional development activities to ensure that

12 teachers who are not highly qualified become highly quali13 fied within 4 years.’’.

14 SEC. 120A. PARTICIPATION OF CHILDREN ENROLLED IN

15 PRIVATE SCHOOLS.

16 (a) AMENDMENTS.—Section 1120 (20 U.S.C. 6321) is

17 amended—

18 (1) in subsection (a)—

19 (A) in paragraph (1), by inserting ‘‘that

20 address their needs, and shall ensure that teach21 ers and families of such children participate, on

22 an equitable basis, in services and activities

23 under sections 1118 and 1119’’ before the period;
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1 (B) in paragraph (3), by inserting ‘‘and

2 shall be provided in a timely manner’’ before the

3 period; and

4 (C) in paragraph (4), insert ‘‘as determined

5 by the local educational agency each year or

6 every 2 years’’ before the period;

7 (2) in subsection (b)—

8 (A) in paragraph (1)—

9 (i) in subparagraph (C), by striking

10 ‘‘and where’’ and inserting ‘‘, where, and by

11 whom’’;

12 (ii) by amending subparagraph (D) to

13 read as follows:

14 ‘‘(D) how the services will be assessed and

15 how the results of that assessment will be used to

16 improve those services;’’;

17 (iii) in subparagraph (E), by striking

18 the period and inserting ‘‘; and’’; and

19 (iv) by adding at the end the following:

20 ‘‘(F) how and when the local educational

21 agency will make decisions about the delivery of

22 services to eligible private school children, in23 cluding a thorough consideration and analysis of

24 the views of private school officials regarding the

25 provision of contract services through potential
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1 third party providers, and if the local edu2 cational agency disagrees with the views of the

3 private school officials on such provision of serv4 ices, the local educational agency shall provide

5 in writing to such private school officials an

6 analysis of the reasons why the local educational

7 agency has chosen not to so provide such serv8 ices.’’; and

9 (B) by adding at the end the following:

10 ‘‘(4) CONSULTATION.—Each local educational

11 agency shall provide to the State educational agency,

12 and maintain in the local educational agency’s

13 records, a written affirmation signed by officials of

14 each participating private school that the consultation

15 required by this section has occurred. If a private

16 school declines in writing to have eligible children in

17 the private school participate in services provided

18 under this section, the local educational agency is not

19 required to further consult with the private school of20 ficials or to document the local educational agency’s

21 consultation with the private school officials until the

22 private school officials request in writing such con23 sultation. The local educational agency shall inform

24 the private school each year of the opportunity for eli-
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1 gible children to participate in services provided

2 under this section.

3 ‘‘(5) COMPLIANCE.—A private school official

4 shall have the right to appeal to the State educational

5 agency the decision of a local educational agency as

6 to whether consultation provided for in this section

7 was meaningful and timely, and whether due consid8 eration was given to the views of the private school

9 official. If the private school official wishes to appeal

10 the decision, the basis of the claim of noncompliance

11 with this section by the local educational agencies

12 shall be provided to the State educational agency, and

13 the local educational agency shall forward the appro14 priate documentation to the State educational agen15 cy.’’;

16 (3) by redesignating subsections (c), (d), and (e)

17 as subsections (d), (e), and (f), respectively; and

18 (4) by inserting after subsection (b) the fol19 lowing:

20 ‘‘(c) ALLOCATION FOR EQUITABLE SERVICE TO PRI21 VATE SCHOOL STUDENTS.—

22 ‘‘(1) CALCULATION.—A local educational agency

23 shall have the final authority, consistent with this sec24 tion, to calculate the number of private school chil25 dren, ages 5 through 17, who are low-income by—
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1 ‘‘(A) using the same measure of low-income

2 used to count public school children;

3 ‘‘(B) using the results of a survey that, to

4 the extent possible, protects the identity of fami5 lies of private school students, and allowing such

6 survey results to be extrapolated if complete ac7 tual data are unavailable; or

8 ‘‘(C) applying the low-income percentage of

9 each participating public school attendance area,

10 determined pursuant to this section, to the num11 ber of private school children who reside in that

12 school attendance area.

13 ‘‘(2) COMPLAINT PROCESS.—Any dispute regard14 ing low-income data for private school students shall

15 be subject to the complaint process authorized in sec16 tion 8.’’;

17 (5) in subsection (e) (as so redesignated),

18 (A) in paragraph (2), by striking ‘‘14505

19 and 14506’’ and inserting ‘‘8 and 9’’;

20 (B) by redesignating paragraphs (1) and

21 (2) (as so amended) as subparagraphs (A) and

22 (B), respectively;

23 (C) by striking ‘‘If a’’ and inserting the fol24 lowing:

25 ‘‘(1) IN GENERAL.—If a’’; and
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1 (D) by adding at the end the following:

2 ‘‘(2) DETERMINATION.—In making the deter3 mination under paragraph (1), the Secretary shall

4 consider 1 or more factors, including the quality, size,

5 scope, or location of the program, or the opportunity

6 of eligible children to participate in the program.’’;

7 and

8 (6) by repealing subsection (f) (as so redesig9 nated).

10 (b) EFFECTIVE DATE.—The amendment made by sub11 section (a)(4) shall take effect on September 30, 2003.

12 (c) CONFORMING AMENDMENT.—Section 1120A(a) (20

13 U.S.C. 6322(a)) is amended by striking ‘‘14501 of this Act’’

14 and inserting ‘‘4’’.

15 SEC. 120B. EARLY CHILDHOOD EDUCATION.

16 Section 1120B (20 U.S.C. 6321) is amended—

17 (1) by amending the section heading to read as

18 follows:

19 ‘‘SEC. 1120B. COORDINATION REQUIREMENTS; EARLY

20 CHILDHOOD EDUCATION SERVICES.’’;

21 (2) in subsection (c), by striking ‘‘Head Start

22 Act Amendments of 1994’’ and inserting ‘‘Head Start

23 Amendments of 1998’’; and

24 (3) by adding at the end the following:
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1 ‘‘(d) EARLY CHILDHOOD SERVICES.—A local edu2 cational agency may use funds received under this part to

3 provide preschool services—

4 ‘‘(1) directly to eligible preschool children in all

5 or part of its school district;

6 ‘‘(2) through any school participating in the

7 local educational agency’s program under this part;

8 or

9 ‘‘(3) through a contract with a local Head Start

10 agency, an eligible entity operating an Even Start

11 program, a State-funded preschool program, or a

12 comparable public early childhood development pro13 gram.

14 ‘‘(e) EARLY CHILDHOOD EDUCATION PROGRAMS.—

15 Early childhood education programs operated with funds

16 provided under this part may be operated and funded joint17 ly with Even Start programs under part B of this title,

18 Head Start programs, or State-funded preschool programs.

19 Early childhood education programs funded under this part

20 shall—

21 ‘‘(1) focus on the developmental needs of partici22 pating children, including their social, cognitive, and

23 language-development needs, and use scientifically

24 based research approaches that build on competencies
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1 that lead to school success, particularly in language

2 and literacy development and in reading;

3 ‘‘(2) teach children to understand and use lan4 guage in order to communicate for various purposes;

5 ‘‘(3) enable children to develop and demonstrate

6 an appreciation of books; and

7 ‘‘(4) in the case of children with limited English

8 proficiency, enable the children to progress toward ac9 quisition of the English language.’’.

10 SEC. 120C. LIMITATIONS ON FUNDS.

11 Subpart 1 of part A of title I (20 U.S.C. 6311 et seq.)

12 is amended by inserting after section 1120B (20 U.S.C.

13 6323) the following:

14 ‘‘SEC. 1120C. LIMITATION ON FUNDS.

15 ‘‘A local educational agency may not use funds re16 ceived under this subpart for—

17 ‘‘(1) purchase or lease of privately owned facili18 ties;

19 ‘‘(2) purchase or provision of facilities mainte20 nance, gardening, landscaping, or janitorial services,

21 or the payment of utility costs;

22 ‘‘(3) the construction of facilities;

23 ‘‘(4) the acquisition of real property;
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1 ‘‘(5) the payment of travel and attendance costs

2 at conferences or other meetings other than travel and

3 attendance necessary for professional development; or

4 ‘‘(6) the purchase or lease of vehicles.’’.

5 SEC. 120D. ALLOCATIONS.

6 Subpart 2 of part A of title I (20 U.S.C. 6331 et seq.)

7 is amended to read as follows:

8 ‘‘Subpart 2—Allocations

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

10 SECRETARY OF THE INTERIOR.

11 ‘‘(a) RESERVATION OF FUNDS.—From the amount ap12 propriated for any fiscal year under section 1002(a), the

13 Secretary shall reserve a total of 1 percent to provide assist14 ance to—

15 ‘‘(1) the outlying areas on the basis of their re16 spective need for such assistance according to such

17 criteria as the Secretary determines will best carry

18 out the purpose of this part; and

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

20 necessary to make payments pursuant to subsection

21 (c).

22 ‘‘(b) ASSISTANCE TO THE OUTLYING AREAS.—

23 ‘‘(1) IN GENERAL.—From amounts made avail24 able under subsection (a)(1) in each fiscal year the
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1 Secretary shall make grants to local educational agen2 cies in the outlying areas.

3 ‘‘(2) COMPETITIVE GRANTS.—

4 ‘‘(A) IN GENERAL.—For fiscal year 2002

5 and each of the 6 succeeding fiscal years, the Sec6 retary shall reserve $5,000,000 from the amounts

7 made available under subsection (a)(1) to award

8 grants, on a competitive basis, to local edu9 cational agencies in the Freely Associated States.

10 The Secretary shall award such grants taking

11 into consideration the recommendations of the

12 Pacific Region Educational Laboratory which

13 shall conduct a competition for such grants.

14 ‘‘(B) USES.—Except as provided in sub15 paragraph (C), grant funds awarded under this

16 paragraph only may be used—

17 ‘‘(i) for programs described in this Act,

18 including teacher training, curriculum de19 velopment, instructional materials, or gen20 eral school improvement and reform; and

21 ‘‘(ii) to provide direct educational serv22 ices.

23 ‘‘(C) ADMINISTRATIVE COSTS.—The Sec24 retary may provide 5 percent of the amount

25 made available for grants under this paragraph
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1 to the Pacific Region Educational Laboratory to

2 pay the administrative costs of the Pacific Re3 gion Educational Laboratory regarding activi4 ties assisted under this paragraph.

5 ‘‘(c) ALLOTMENT TO THE SECRETARY OF THE INTE6 RIOR.—

7 ‘‘(1) IN GENERAL.—The amount reserved for

8 payments to the Secretary of the Interior under sub9 section (a)(2) for any fiscal year shall be, as deter10 mined pursuant to criteria established by the Sec11 retary, the amount necessary to meet the special edu12 cational needs of—

13 ‘‘(A) Indian children on reservations served

14 by elementary schools and secondary schools for

15 Indian children operated or supported by the De16 partment of the Interior; and

17 ‘‘(B) out-of-State Indian children in ele18 mentary schools and secondary schools in local

19 educational agencies under special contracts with

20 the Department of the Interior.

21 ‘‘(2) PAYMENTS.—From the amount reserved for

22 payments to the Secretary of the Interior under sub23 section (a)(2), the Secretary of the Interior shall make

24 payments to local educational agencies, upon such

25 terms as the Secretary determines will best carry out
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1 the purposes of this part, with respect to out-of-State

2 Indian children described in paragraph (1)(B). The

3 amount of such payment may not exceed, for each

4 such child, the greater of—

5 ‘‘(A) 40 percent of the average per-pupil ex6 penditure in the State in which the agency is lo7 cated; or

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

9 United States.

10 ‘‘SEC. 1122. AMOUNTS FOR BASIC GRANTS, CONCENTRA11 TION GRANTS, AND TARGETED GRANTS.

12 ‘‘(a) IN GENERAL.—For each of the fiscal years 2002

13 through 2008—

14 ‘‘(1) the amount appropriated to carry out this

15 part that is less than or equal to the amount appro16 priated to carry out section 1124 for fiscal year 2001,

17 shall be allocated in accordance with section 1124;

18 ‘‘(2) the amount appropriated to carry out this

19 part that is not used under paragraph (1) that equals

20 the amount appropriated to carry out section 1124A

21 for fiscal year 2001, shall be allocated in accordance

22 with section 1124A; and

23 ‘‘(3) any amount appropriated to carry out this

24 part for the fiscal year for which the determination

25 is made that is not used to carry out paragraphs (1)
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1 and (2) shall be allocated in accordance with section

2 1125.

3 ‘‘(b) ADJUSTMENTS WHERE NECESSITATED BY AP4 PROPRIATIONS.—

5 ‘‘(1) IN GENERAL.—If the sums made available

6 under this part for any fiscal year are insufficient to

7 pay the full amounts that all local educational agen8 cies in States are eligible to receive under sections

9 1124, 1124A, and 1125 for such year, the Secretary

10 shall ratably reduce the allocations to such local edu11 cational agencies, subject to subsections (c) and (d).

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

13 become available for making payments under sections

14 1124, 1124A, and 1125 for such fiscal year, alloca15 tions that were reduced under paragraph (1) shall be

16 increased on the same basis as the allocations were re17 duced.

18 ‘‘(c) HOLD-HARMLESS AMOUNTS.—

19 ‘‘(1) IN GENERAL.—For each fiscal year the

20 amount made available to each local educational

21 agency under each of sections 1124, 1124A, and 1125

22 shall be not less than:

23 ‘‘(A) IN GENERAL.—Notwithstanding any

24 other provision of this Act, the amount made

25 available for each local educational agency under
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1 sections 1124 and 1124A for the fiscal year shall

2 not be less than the greater of—

3 ‘‘(i) 100 percent of the amount the

4 local educational agency received for fiscal

5 year 2001 under sections 1124 and 1124A,

6 respectively; or

7 ‘‘(ii) 100 percent of the amount cal8 culated for the local educational agency for

9 the fiscal year under sections 1124 and

10 1124A, respectively, determined without ap11 plying the hold harmless provisions of this

12 subparagraph.

13 ‘‘(B) APPLICABILITY.—Notwithstanding

14 any other provision of law, the Secretary shall

15 not take into consideration the hold harmless

16 provisions of this subsection for any fiscal year

17 for purposes of calculating State or local alloca18 tions for the fiscal year under any program ad19 ministered by the Secretary other than a pro20 gram authorized under this part.

21 ‘‘(C) POPULATION UPDATES.—

22 ‘‘(i) IN GENERAL.—Notwithstanding

23 paragraph (4), in fiscal year 2001 and each

24 subsequent year, the Secretary shall use up25 dated data, for purposes of carrying out sec-
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1 tion 1124, on the number of children, aged

2 5 to 17, inclusive, from families below the

3 poverty level for counties or local edu4 cational agencies, published by the Depart5 ment of Commerce, unless the Secretary and

6 the Secretary of Commerce determine that

7 use of the updated population data would be

8 inappropriate or unreliable.

9 ‘‘(ii) INAPPROPRIATE OR UNRELIABLE

10 DATA.—If the Secretary and the Secretary

11 of Commerce determine that some or all of

12 the data referred to in this subparagraph

13 are inappropriate or unreliable, the Sec14 retary and the Secretary of Commerce

15 shall—

16 ‘‘(I) publicly disclose their rea17 sons;

18 ‘‘(II) provide an opportunity for

19 States to submit updated data on the

20 number of children described in clause

21 (i); and

22 ‘‘(III) review the data and, if the

23 data are appropriate and reliable, use

24 the data, for the purposes of section
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1 1124, to determine the number of chil2 dren described in clause (i).

3 ‘‘(iii) CRITERIA OF POVERTY.—In de4 termining the families that are below the

5 poverty level, the Secretary shall utilize the

6 criteria of poverty used by the Bureau of

7 the Census in compiling the most recent de8 cennial census, as the criteria have been up9 dated by increases in the Consumer Price

10 Index for All Urban Consumers, published

11 by the Bureau of Labor Statistics.

12 ‘‘(iv) AUTHORIZATION OF APPROPRIA13 TIONS.—There are authorized to be appro14 priated to the Department of Commerce for

15 each fiscal year such sums as may be nec16 essary to update the data described in

17 clause (i).

18 ‘‘(2) SPECIAL RULES.—If sufficient funds are

19 appropriated, the hold-harmless amounts described in

20 paragraph (1) shall be paid to all local educational

21 agencies that received grants under section 1124,

22 1124A, or 1125 for the preceding fiscal year, regard23 less of whether the local educational agency meets the

24 minimum eligibility criteria provided in section

25 1124(b), 1124A(a)(1)(A), or 1125(a), respectively, ex-
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1 cept that a local educational agency that does not

2 meet such minimum eligibility criteria for 5 consecu3 tive years shall no longer be eligible to receive a hold4 harmless amount under this subsection.

5 ‘‘(3) COUNTY CALCULATION BASIS.—For any fis6 cal year for which the Secretary calculates grants on

7 the basis of population data for counties, the Sec8 retary shall apply the hold-homeless percentages in

9 paragraphs (1) and (2) to counties, and if the Sec10 retary’s allocation for a county is not sufficient to

11 meet the hold-harmless requirements of this subsection

12 for every local educational agency within that county,

13 then the State educational agency shall reallocate

14 funds proportionately from all other local educational

15 agencies in the State that receive funds for the fiscal

16 year in excess of the hold-harmless amounts specified

17 in this paragraph.

18 ‘‘(d) RATABLE REDUCTIONS.—

19 ‘‘(1) IN GENERAL.—If the sums made available

20 under this part for any fiscal year are insufficient to

21 pay the full amounts that all States are eligible to re22 ceive under subsection (c) for such year, the Secretary

23 shall ratably reduce such amounts for such year.

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

25 become available for making payments under sub-
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1 section (c) for such fiscal year, amounts that were re2 duced under paragraph (1) shall be increased on the

3 same basis as such amounts were reduced.

4 ‘‘SEC. 1123. DEFINITIONS.

5 ‘‘In this subpart:

6 ‘‘(1) FREELY ASSOCIATED STATES.—The term

7 ‘Freely Associated States’ means the Republic of the

8 Marshall Islands, the Federated States of Micronesia,

9 and the Republic of Palau.

10 ‘‘(2) OUTLYING AREAS.—The term ‘outlying

11 areas’ means the United States Virgin Islands, Guam,

12 American Samoa, and the Commonwealth of the

13 Northern Mariana Islands.

14 ‘‘(3) STATE.—The term ‘State’ means each of the

15 several States of the United States, the District of Co16 lumbia, and the Commonwealth of Puerto Rico.

17 ‘‘SEC. 1124. BASIC GRANTS TO LOCAL EDUCATIONAL AGEN18 CIES.

19 ‘‘(a) AMOUNT OF GRANTS.—

20 ‘‘(1) GRANTS FOR LOCAL EDUCATIONAL AGEN21 CIES AND PUERTO RICO.—Except as provided in

22 paragraph (4) and in section 1126, the grant that a

23 local educational agency is eligible to receive under

24 this section for a fiscal year is the amount determined

25 by multiplying—
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1 ‘‘(A) the number of children counted under

2 subsection (c); and

3 ‘‘(B) 40 percent of the average per-pupil ex4 penditure in the State, except that the amount

5 determined under this subparagraph shall not be

6 less than 32 percent, and not more than 48 per7 cent, of the average per-pupil expenditure in the

8 United States.

9 ‘‘(2) CALCULATION OF GRANTS.—

10 ‘‘(A) ALLOCATIONS TO LOCAL EDUCATIONAL

11 AGENCIES.—The Secretary shall calculate grants

12 under this section on the basis of the number of

13 children counted under subsection (c) for local

14 educational agencies, unless the Secretary and

15 the Secretary of Commerce determine that some

16 or all of those data are unreliable or that their

17 use would be otherwise inappropriate, in which

18 case—

19 ‘‘(i) the Secretary and the Secretary of

20 Commerce shall publicly disclose the reasons

21 for their determination in detail; and

22 ‘‘(ii) paragraph (3) shall apply.

23 ‘‘(B) ALLOCATIONS TO LARGE AND SMALL

24 LOCAL EDUCATIONAL AGENCIES.—
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1 ‘‘(i) LARGE LOCAL EDUCATIONAL

2 AGENCIES.—In the case of an allocation

3 under this section to a large local edu4 cational agency, the amount of the grant

5 under this section for the large local edu6 cational agency shall be the amount deter7 mined under paragraph (1).

8 ‘‘(ii) SMALL LOCAL EDUCATIONAL

9 AGENCIES.—

10 ‘‘(I) IN GENERAL.—In the case of

11 an allocation under this section to a

12 small local educational agency the

13 State educational agency may—

14 ‘‘(aa) distribute grants under

15 this section in amounts deter16 mined by the Secretary under

17 paragraph (1); or

18 ‘‘(bb) use an alternative

19 method approved by the Secretary

20 to distribute the portion of the

21 State’s total grants under this sec22 tion that is based on those small

23 local educational agencies.

24 ‘‘(II) ALTERNATIVE METHOD.—

25 An alternative method under subclause
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1 (I)(bb) shall be based on population

2 data that the State educational agency

3 determines best reflect the current dis4 tribution of children in poor families

5 among the State’s small local edu6 cational agencies that meet the min7 imum number of children to qualify

8 described in subsection (b).

9 ‘‘(III) APPEAL.—If a small local

10 educational agency is dissatisfied with

11 the determination of the amount of its

12 grant by the State educational agency

13 under subclause (I)(bb), the small local

14 educational agency may appeal the de15 termination to the Secretary, who shall

16 respond within 45 days of receiving the

17 appeal.

18 ‘‘(iii) DEFINITIONS.—In this

19 subparagraph—

20 ‘‘(I) the term ‘large local edu21 cational agency’ means a local edu22 cational agency serving a school dis23 trict with a total population of 20,000

24 or more; and
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1 ‘‘(II) the term ‘small local edu2 cational agency’ means a local edu3 cational agency serving a school dis4 trict with a total population of less

5 than 20,000.

6 ‘‘(3) ALLOCATIONS TO COUNTIES.—

7 ‘‘(A) IN GENERAL.—For any fiscal year to

8 which this paragraph applies, the Secretary shall

9 calculate grants under this section on the basis

10 of the number of children counted under section

11 1124(c) for counties, and State educational agen12 cies shall allocate county amounts to local edu13 cational agencies, in accordance with regulations

14 promulgated by the Secretary.

15 ‘‘(B) APPLICATION.—In any State in which

16 a large number of local educational agencies

17 overlap county boundaries, or for which the

18 State believes the State has data that would bet19 ter target funds than allocating the funds by

20 county, the State educational agency may apply

21 to the Secretary for authority to make the alloca22 tions under this part for a particular fiscal year

23 directly to local educational agencies without re24 gard to counties.
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1 ‘‘(C) ALLOCATIONS TO LOCAL EDUCATIONAL

2 AGENCIES.—If the Secretary approves its appli3 cation under subparagraph (B), the State edu4 cational agency shall provide the Secretary an

5 assurance that the allocations will be made—

6 ‘‘(i) using precisely the same factors

7 for determining a grant as are used under

8 this section; or

9 ‘‘(ii) using data that the State edu10 cational agency submits to the Secretary for

11 approval that more accurately target pov12 erty.

13 ‘‘(D) APPEAL.—The State educational agen14 cy shall provide the Secretary an assurance that

15 a procedure is or will be established through

16 which local educational agencies that are dissat17 isfied with determinations under subparagraph

18 (B) may appeal directly to the Secretary for a

19 final determination.

20 ‘‘(4) PUERTO RICO.—For each fiscal year, the

21 Secretary shall determine the percentage which the

22 average per-pupil expenditure in the Commonwealth

23 of Puerto Rico is of the lowest average per-pupil ex24 penditure of any of the 50 States. The grant which

25 the Commonwealth of Puerto Rico shall be eligible to
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1 receive under this section for a fiscal year shall be the

2 amount arrived at by multiplying the number of chil3 dren counted under subsection (c) for the Common4 wealth of Puerto Rico by the product of—

5 ‘‘(A) the percentage determined under the

6 preceding sentence; and

7 ‘‘(B) 32 percent of the average per-pupil ex8 penditure in the United States.

9 ‘‘(b) MINIMUM NUMBER OF CHILDREN TO QUALIFY.—

10 A local educational agency is eligible for a basic grant

11 under this section for any fiscal year only if the number

12 of children counted under subsection (c) for that agency is—

13 ‘‘(1) 10 or more; and

14 ‘‘(2) more than 2 percent of the total school-age

15 population in the school district of the local edu16 cational agency.

17 ‘‘(c) CHILDREN TO BE COUNTED.—

18 ‘‘(1) CATEGORIES OF CHILDREN.—The number

19 of children to be counted for purposes of this section

20 is the aggregate of—

21 ‘‘(A) the number of children aged 5 to 17,

22 inclusive, in the school district of the local edu23 cational agency from families below the poverty

24 level as determined under paragraphs (2) and

25 (3);
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1 ‘‘(B) the number of children aged 5 to 17,

2 inclusive, in the school district of such agency

3 from families above the poverty level as deter4 mined under paragraph (4); and

5 ‘‘(C) the number of children determined

6 under paragraph (4) for the preceding year (as

7 described in that paragraph, or for the second

8 preceding year, as the Secretary finds appro9 priate) aged 5 to 17, inclusive, in the school dis10 trict of such agency in institutions for neglected

11 and delinquent children and youth (other than

12 such institutions operated by the United States),

13 but not counted pursuant to chapter 1 of subpart

14 1 of part D for the purposes of a grant to a

15 State agency, or being supported in foster homes

16 with public funds.

17 ‘‘(2) DETERMINATION OF NUMBER OF CHIL18 DREN.—For the purposes of this section, the Secretary

19 shall determine the number of children aged 5 to 17,

20 inclusive, from families below the poverty level on the

21 basis of the most recent satisfactory data, described in

22 paragraph (3), available from the Department of

23 Commerce. The District of Columbia and the Com24 monwealth of Puerto Rico shall be treated as indi25 vidual local educational agencies. If a local edu-
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1 cational agency contains 2 or more counties in their

2 entirety, then each county shall be treated as if such

3 county were a separate local educational agency for

4 purposes of calculating grants under this part. The

5 total of grants for such counties shall be allocated to

6 such a local educational agency, which local edu7 cational agency shall distribute to schools in each

8 county within such agency a share of the local edu9 cational agency’s total grant that is no less than the

10 county’s share of the population counts used to cal11 culate the local educational agency’s grant.

12 ‘‘(3) POPULATION UPDATES.—In fiscal year

13 2001 and every 2 years thereafter, the Secretary shall

14 use updated data on the number of children, aged 5

15 to 17, inclusive, from families below the poverty level

16 for counties or local educational agencies, published

17 by the Department of Commerce, unless the Secretary

18 and the Secretary of Commerce determine that use of

19 the updated population data would be inappropriate

20 or unreliable. If the Secretary and the Secretary of

21 Commerce determine that some or all of the data re22 ferred to in this paragraph are inappropriate or un23 reliable, the Secretary and the Secretary of Commerce

24 shall publicly disclose their reasons. In determining

25 the families which are below the poverty level, the Sec-
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1 retary shall utilize the criteria of poverty used by the

2 Bureau of the Census in compiling the most recent de3 cennial census, in such form as those criteria have

4 been updated by increases in the Consumer Price

5 Index for all urban consumers, published by the Bu6 reau of Labor Statistics.

7 ‘‘(4) OTHER CHILDREN TO BE COUNTED.—For

8 purposes of this section, the Secretary shall determine

9 the number of children aged 5 to 17, inclusive, from

10 families above the poverty level on the basis of the

11 number of such children from families receiving an

12 annual income, in excess of the current criteria of

13 poverty, from payments under a State program fund14 ed under part A of title IV of the Social Security Act.

15 In making such determinations the Secretary shall

16 utilize the criteria of poverty used by the Bureau of

17 the Census in compiling the most recent decennial

18 census for a family of 4 in such form as those criteria

19 have been updated by increases in the Consumer Price

20 Index for all urban consumers, published by the Bu21 reau of Labor Statistics. The Secretary shall deter22 mine the number of such children and the number of

23 children aged 5 through 17 living in institutions for

24 neglected or delinquent children, or being supported

25 in foster homes with public funds, on the basis of the
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1 caseload data for the month of October of the pre2 ceding fiscal year (using, in the case of children de3 scribed in the preceding sentence, the criteria of pov4 erty and the form of such criteria required by such

5 sentence which were determined for the calendar year

6 preceding such month of October) or, to the extent

7 that such data are not available to the Secretary be8 fore January of the calendar year in which the Sec9 retary’s determination is made, then on the basis of

10 the most recent reliable data available to the Sec11 retary at the time of such determination. The Sec12 retary of Health and Human Services shall collect

13 and transmit the information required by this sub14 paragraph to the Secretary not later than January 1

15 of each year. For the purpose of this section, the Sec16 retary shall consider all children who are in correc17 tional institutions to be living in institutions for de18 linquent children.

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 (as determined under paragraph (2)) in each

24 school district, and the Secretary is authorized to pay

25 (either in advance or by way of reimbursement) the
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1 Secretary of Commerce the cost of making this special

2 estimate. The Secretary of Commerce shall give con3 sideration to any request of the chief executive of a

4 State for the collection of additional census informa5 tion.

6 ‘‘(d) STATE MINIMUM.—Notwithstanding section 1122,

7 the aggregate amount allotted for all local educational agen8 cies within a State may not be less than the lesser of—

9 ‘‘(1) 0.25 percent of the total amount made

10 available to carry out this section for such fiscal year;

11 or

12 ‘‘(2) the average of—

13 ‘‘(A) 0.25 percent of the total amount made

14 available to carry out this section for such fiscal

15 year; and

16 ‘‘(B) the number of children in such State

17 counted under subsection (c) in the fiscal year

18 multiplied by 150 percent of the national aver19 age per-pupil payment made with funds avail20 able under this section for that fiscal year.

21 ‘‘SEC. 1124A. CONCENTRATION GRANTS TO LOCAL EDU22 CATIONAL AGENCIES.

23 ‘‘(a) ELIGIBILITY FOR AND AMOUNT OF GRANTS.—

24 ‘‘(1) ELIGIBILITY.—
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1 ‘‘(A) IN GENERAL.—Except as otherwise

2 provided in this paragraph, each local edu3 cational agency in a State that is eligible for a

4 grant under section 1124 for any fiscal year is

5 eligible for an additional grant under this sec6 tion for that fiscal year if the number of children

7 counted under section 1124(c) who are served by

8 the agency exceeds—

9 ‘‘(i) 6,500; or

10 ‘‘(ii) 15 percent of the total number of

11 children aged 5 through 17 served by the

12 agency.

13 ‘‘(B) MINIMUM.—Notwithstanding section

14 1122, no State shall receive under this section an

15 amount that is less than the lesser of—

16 ‘‘(i) 0.25 percent of the total amount

17 made available to carry out this section for

18 such fiscal year; or

19 ‘‘(ii) the average of—

20 ‘‘(I) 0.25 percent of the sums

21 available to carry out this section for

22 such fiscal year; and

23 ‘‘(II) the greater of—

24 ‘‘(aa) $340,000; or
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1 ‘‘(bb) the number of children

2 in such State counted for purposes

3 of this section in that fiscal year

4 multiplied by 150 percent of the

5 national average per-pupil pay6 ment made with funds available

7 under this section for that fiscal

8 year.

9 ‘‘(2) DETERMINATION.—For each county or local

10 educational agency eligible to receive an additional

11 grant under this section for any fiscal year the Sec12 retary shall determine the product of—

13 ‘‘(A) the number of children counted under

14 section 1124(c) for that fiscal year; and

15 ‘‘(B) the amount in section 1124(a)(1)(B)

16 for all States except the Commonwealth of Puerto

17 Rico, and the amount in section 1124(a)(3) for

18 the Commonwealth of Puerto Rico.

19 ‘‘(3) AMOUNT.—The amount of the additional

20 grant for which an eligible local educational agency

21 or county is eligible under this section for any fiscal

22 year shall be an amount that bears the same ratio to

23 the amount available to carry out this section for that

24 fiscal year as the product determined under para25 graph (2) for such local educational agency for that
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1 fiscal year bears to the sum of such products for all

2 local educational agencies in the United States for

3 that fiscal year.

4 ‘‘(4) LOCAL ALLOCATIONS.—

5 ‘‘(A) IN GENERAL.—Grant amounts under

6 this section shall be calculated in the same man7 ner as grant amounts are calculated under sec8 tion 1124(a) (2) and (3).

9 ‘‘(B) SPECIAL RULE.—For any fiscal year

10 for which the Secretary allocates funds under

11 this section on the basis of counties, a State may

12 reserve not more than 2 percent of the amount

13 made available to the State under this section for

14 any fiscal year to make grants to local edu15 cational agencies that meet the criteria in para16 graph (1)(A) (i) or (ii) but that are in ineligible

17 counties.

18 ‘‘(b) RATABLE REDUCTION RULE.—If the sums avail19 able under subsection (a) for any fiscal year for making

20 payments under this section are not sufficient to pay in

21 full the total amounts which all States are eligible to receive

22 under subsection (a) for such fiscal year, the maximum

23 amounts that all States are eligible to receive under sub24 section (a) for such fiscal year shall be ratably reduced. In

25 the case that additional funds become available for making
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1 such payments for any fiscal year during which the pre2 ceding sentence is applicable, such reduced amounts shall

3 be increased on the same basis as they were reduced.

4 ‘‘(c) STATES RECEIVING 0.25 PERCENT OR LESS.—In

5 States that receive 0.25 percent or less of the total amount

6 made available to carry out this section for a fiscal year,

7 the State educational agency shall allocate such funds

8 among the local educational agencies in the State—

9 ‘‘(1) in accordance with paragraphs (2) and (4)

10 of subsection (a); or

11 ‘‘(2) based on their respective concentrations and

12 numbers of children counted under section 1124(c),

13 except that only those local educational agencies with

14 concentrations or numbers of children counted under

15 section 1124(c) that exceed the statewide average per16 centage of such children or the statewide average

17 number of such children shall receive any funds on

18 the basis of this paragraph.

19 ‘‘SEC. 1125. TARGETED GRANTS TO LOCAL EDUCATIONAL

20 AGENCIES.

21 ‘‘(a) ELIGIBILITY OF LOCAL EDUCATIONAL AGEN22 CIES.—

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

24 in a State is eligible to receive a targeted grant under

25 this section for any fiscal year if—
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1 ‘‘(A) the number of children in the local

2 educational agency counted under section

3 1124(c), before application of the weighted child

4 count described in subsection (c), is at least 10;

5 and

6 ‘‘(B) if the number of children counted for

7 grants under section 1124(c), before application

8 of the weighted child count described in sub9 section (c), is at least 5 percent of the total num10 ber of children aged 5 to 17 years, inclusive, in

11 the school district of the local educational agen12 cy.

13 ‘‘(2) SPECIAL RULE.—For any fiscal year for

14 which the Secretary allocates funds under this section

15 on the basis of counties, funds made available as a re16 sult of applying this subsection shall be reallocated by

17 the State educational agency to other eligible local

18 educational agencies in the State in proportion to the

19 distribution of other funds under this section.

20 ‘‘(b) GRANTS FOR LOCAL EDUCATIONAL AGENCIES,

21 THE DISTRICT OF COLUMBIA, AND THE COMMONWEALTH

22 OF PUERTO RICO.—

23 ‘‘(1) IN GENERAL.—The amount of the grant

24 that a local educational agency in a State (other than

25 the Commonwealth of Puerto Rico) is eligible to re-
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1 ceive under this section for any fiscal year shall be

2 the product 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 the Commonwealth of Puerto

9 Rico is eligible to receive under this section shall be

10 equal to the number of children counted under sub11 section (c) for the Commonwealth of Puerto Rico,

12 multiplied by the amount determined in section

13 1124(a)(4) for the Commonwealth of Puerto Rico.

14 ‘‘(c) WEIGHTED CHILD COUNT.—

15 ‘‘(1) WEIGHTS FOR ALLOCATIONS TO COUN16 TIES.—

17 ‘‘(A) IN GENERAL.—For each fiscal year for

18 which the Secretary uses county population data

19 to calculate grants, the weighted child count used

20 to determine a county’s allocation under this sec21 tion is the larger of the 2 amounts determined

22 under subparagraphs (B) and (C).

23 ‘‘(B) BY PERCENTAGE OF CHILDREN.—The

24 amount referred to in subparagraph (A) is deter25 mined by adding—
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1 ‘‘(i) the number of children determined

2 under section 1124(c) for that county who

3 constitute not more than 15.00 percent, in4 clusive, of the county’s total population

5 aged 5 to 17, inclusive, multiplied by 1.0;

6 ‘‘(ii) the number of such children who

7 constitute more than 15.00 percent, but not

8 more than 19.00 percent, of such popu9 lation, multiplied by 1.75;

10 ‘‘(iii) the number of such children who

11 constitute more than 19.00 percent, but not

12 more than 24.20 percent, of such popu13 lation, multiplied by 2.5;

14 ‘‘(iv) the number of such children who

15 constitute more than 24.20 percent, but not

16 more than 29.20 percent, of such popu17 lation, multiplied by 3.25; and

18 ‘‘(v) the number of such children who

19 constitute more than 29.20 percent of such

20 population, multiplied by 4.0.

21 ‘‘(C) BY NUMBER OF CHILDREN.—The

22 amount referred to in subparagraph (A) is deter23 mined by adding—

24 ‘‘(i) the number of children determined

25 under section 1124(c) who constitute not
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1 more than 2,311, inclusive, of the county’s

2 total population aged 5 to 17, inclusive,

3 multiplied by 1.0;

4 ‘‘(ii) the number of such children be5 tween 2,312 and 7,913, inclusive, in such

6 population, multiplied by 1.5;

7 ‘‘(iii) the number of such children be8 tween 7,914 and 23,917, inclusive, in such

9 population, multiplied by 2.0;

10 ‘‘(iv) the number of such children be11 tween 23,918 and 93,810, inclusive, in such

12 population, multiplied by 2.5; and

13 ‘‘(v) the number of such children in ex14 cess of 93,811 in such population, multi15 plied by 3.0.

16 ‘‘(D) PUERTO RICO.—Notwithstanding sub17 paragraph (A), the weighting factor for the Com18 monwealth of Puerto Rico under this paragraph

19 shall not be greater than the total number of

20 children counted under section 1124(c) multi21 plied by 1.72.

22 ‘‘(2) WEIGHTS FOR ALLOCATIONS TO LOCAL EDU23 CATIONAL AGENCIES.—

24 ‘‘(A) IN GENERAL.—For each fiscal year for

25 which the Secretary uses local educational agen-
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1 cy data, the weighted child count used to deter2 mine a local educational agency’s grant under

3 this section is the larger of the 2 amounts deter4 mined under subparagraphs (B) and (C).

5 ‘‘(B) BY PERCENTAGE OF CHILDREN.—The

6 amount referred to in subparagraph (A) is deter7 mined by adding—

8 ‘‘(i) the number of children determined

9 under section 1124(c) for that local edu10 cational agency who constitute not more

11 than 15.233 percent, inclusive, of the agen12 cy’s total population aged 5 to 17, inclusive,

13 multiplied by 1.0;

14 ‘‘(ii) the number of such children who

15 constitute more than 15.233 percent, but not

16 more than 22.706 percent, of such popu17 lation, multiplied by 1.75;

18 ‘‘(iii) the number of such children who

19 constitute more than 22.706 percent, but not

20 more than 32.213 percent, of such popu21 lation, multiplied by 2.5;

22 ‘‘(iv) the number of such children who

23 constitute more than 32.213 percent, but not

24 more than 41.452 percent, of such popu25 lation, multiplied by 3.25; and
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1 ‘‘(v) the number of such children who

2 constitute more than 41.452 percent of such

3 population, multiplied by 4.0.

4 ‘‘(C) BY NUMBER OF CHILDREN.—The

5 amount referred to in subparagraph (A) is deter6 mined by adding—

7 ‘‘(i) the number of children determined

8 under section 1124(c) who constitute not

9 more than 710, inclusive, of the agency’s

10 total population aged 5 to 17, inclusive,

11 multiplied by 1.0;

12 ‘‘(ii) the number of such children be13 tween 711 and 2,384, inclusive, in such

14 population, multiplied by 1.5;

15 ‘‘(iii) the number of such children be16 tween 2,385 and 9,645, inclusive, in such

17 population, multiplied by 2.0;

18 ‘‘(iv) the number of such children be19 tween 9,646 and 54,600, inclusive, in such

20 population, multiplied by 2.5; and

21 ‘‘(v) the number of such children in ex22 cess of 54,600 in such population, multi23 plied by 3.0.

24 ‘‘(D) PUERTO RICO.—Notwithstanding sub25 paragraph (A), the weighting factor for the Com-
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1 monwealth of Puerto Rico under this paragraph

2 shall not be greater than the total number of

3 children counted under section 1124(c) multi4 plied by 1.72.

5 ‘‘(d) CALCULATION OF GRANT AMOUNTS.—Grant

6 amounts under this section shall be calculated in the same

7 manner as grant amounts are calculated under section

8 1124(a) (2) and (3).

9 ‘‘(e) STATE MINIMUM.—Notwithstanding any other

10 provision of this section or section 1122, from the total

11 amount available for any fiscal year to carry out this sec12 tion, each State shall be allotted not less than 0.5 percent

13 of the total amount made available to carry out this section

14 for such fiscal year.

15 ‘‘SEC. 1125A. EDUCATION FINANCE INCENTIVE PROGRAM.

16 ‘‘(a) GRANTS.—From funds appropriated under sub17 section (e) the Secretary is authorized to make grants to

18 States, from allotments under subsection (b), to carry out

19 the purposes of this part.

20 ‘‘(b) DISTRIBUTION BASED UPON FISCAL EFFORT AND

21 EQUITY.—

22 ‘‘(1) IN GENERAL.—

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

24 subparagraph (B), funds appropriated pursuant

25 to subsection (e) shall be allotted to each State
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1 based upon the number of children counted under

2 section 1124(c) in such State multiplied by the

3 product of—

4 ‘‘(i) such State’s effort factor described

5 in paragraph (2); multiplied by

6 ‘‘(ii) 1.30 minus such State’s equity

7 factor described in paragraph (3).

8 ‘‘(B) MINIMUM.—For each fiscal year no

9 State shall receive under this section less than

10 0.5 percent of the total amount appropriated

11 under subsection (e) for the fiscal year.

12 ‘‘(2) EFFORT FACTOR.—

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

14 subparagraph (B), the effort factor for a State

15 shall be determined in accordance with the suc16 ceeding sentence, except that such factor shall not

17 be less than 0.95 nor greater than 1.05. The ef18 fort factor determined under this sentence shall

19 be a fraction the numerator of which is the prod20 uct of the 3-year average per-pupil expenditure

21 in the State multiplied by the 3-year average per

22 capita income in the United States and the de23 nominator of which is the product of the 3-year

24 average per capita income in such State multi-
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1 plied by the 3-year average per-pupil expendi2 ture in the United States.

3 ‘‘(B) COMMONWEALTH OF PUERTO RICO.—

4 The effort factor for the Commonwealth of Puerto

5 Rico shall be equal to the lowest effort factor cal6 culated under subparagraph (A) for any State.

7 ‘‘(3) EQUITY FACTOR.—

8 ‘‘(A) DETERMINATION.—

9 ‘‘(i) IN GENERAL.—Except as provided

10 in subparagraph (B), the Secretary shall

11 determine the equity factor under this sec12 tion for each State in accordance with

13 clause (ii).

14 ‘‘(ii) COMPUTATION.—

15 ‘‘(I) IN GENERAL.—For each

16 State, the Secretary shall compute a

17 weighted coefficient of variation for the

18 per-pupil expenditures of local edu19 cational agencies in accordance with

20 subclauses (II), (III), and (IV).

21 ‘‘(II) VARIATION.—In computing

22 coefficients of variation, the Secretary

23 shall weigh the variation between per24 pupil expenditures in each local edu25 cational agency and the average per-
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1 pupil expenditures in the State accord2 ing to the number of pupils served by

3 the local educational agency.

4 ‘‘(III) NUMBER OF PUPILS.—In

5 determining the number of pupils

6 under this paragraph served by each

7 local educational agency and in each

8 State, the Secretary shall multiply the

9 number of children from low-income

10 families by a factor of 1.4.

11 ‘‘(IV) ENROLLMENT REQUIRE12 MENT.—In computing coefficients of

13 variation, the Secretary shall include

14 only those local educational agencies

15 with an enrollment of more than 200

16 students.

17 ‘‘(B) SPECIAL RULE.—The equity factor for

18 a State that meets the disparity standard de19 scribed in section 222.162 of title 34, Code of

20 Federal Regulations (as such section was in ef21 fect on the day preceding the date of enactment

22 of the Better Education for Students and Teach23 ers Act) or a State with only 1 local educational

24 agency shall be not greater than 0.10.
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1 ‘‘(C) REVISIONS.—The Secretary may revise

2 each State’s equity factor as necessary based on

3 the advice of independent education finance

4 scholars to reflect other need-based costs of local

5 educational agencies in addition to low-income

6 student enrollment, such as differing geographic

7 costs, costs associated with students with disabil8 ities, children with limited English-proficiency

9 or other meaningful educational needs, which de10 serve additional support. In addition, after ob11 taining the advice of independent education fi12 nance scholars, the Secretary may revise each

13 State’s equity factor to incorporate other valid

14 and accepted methods to achieve adequacy of

15 educational opportunity that may not be re16 flected in a coefficient of variation method.

17 ‘‘(c) USE OF FUNDS.—All funds awarded to each State

18 under this section shall be allocated to local educational

19 agencies and schools on a basis consistent with the distribu20 tion of other funds to such agencies and schools under sec21 tions 1124, 1124A, and 1125 to carry out activities under

22 this part.

23 ‘‘(d) MAINTENANCE OF EFFORT.—

24 ‘‘(1) IN GENERAL.—Except as provided in para25 graph (2), a State is entitled to receive its full allot-
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1 ment of funds under this section for any fiscal year

2 if the Secretary finds that either the combined fiscal

3 effort per student or the aggregate expenditures within

4 the State with respect to the provision of free public

5 education for the fiscal year preceding the fiscal year

6 for which the determination is made was not less

7 than 90 percent of such combined fiscal effort or ag8 gregate expenditures for the second fiscal year pre9 ceding the fiscal year for which the determination is

10 made.

11 ‘‘(2) REDUCTION OF FUNDS.—The Secretary

12 shall reduce the amount of funds awarded to any

13 State under this section in any fiscal year in the

14 exact proportion to which the State fails to meet the

15 requirements of paragraph (1) by falling below 90

16 percent of both the fiscal effort per student and aggre17 gate expenditures (using the measure most favorable

18 to the State), and no such lesser amount shall be used

19 for computing the effort required under paragraph (1)

20 for subsequent years.

21 ‘‘(3) WAIVERS.—The Secretary may waive, for 1

22 fiscal year only, the requirements of this subsection if

23 the Secretary determines that such a waiver would be

24 equitable due to exceptional or uncontrollable cir25 cumstances such as a natural disaster or a precipi-
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1 tous and unforeseen decline in the financial resources

2 of the State.

3 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are

4 authorized to be appropriated to carry out this section

5 $200,000,000 for fiscal year 2002 and such sums as may

6 be necessary for each of the 6 succeeding fiscal years.

7 ‘‘(f) STUDY, EVALUATION AND REPORT OF SCHOOL FI8 NANCE EQUALIZATION.—(1) The Secretary shall conduct a

9 study to evaluate and report to the Congress on the degree

10 of disparity in expenditures per pupil among local edu11 cational agencies within and across each of the fifty States

12 and the District of Columbia. The Secretary shall also ana13 lyze the trends in State school finance legislation and judi14 cial action requiring that States equalize resources. The

15 Secretary shall evaluate and report to the Congress whether

16 or not it can be determined if these actions have resulted

17 in an improvement in student performance.

18 ‘‘(2) In preparing this report, the Secretary may also

19 consider the following: Various measures of determining

20 disparity; the relationship between education expenditures

21 and student performance; the effect of Federal education as22 sistance programs on the equalization of school finance re23 sources; and the effects of school finance equalization on

24 local and State tax burdens.
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1 ‘‘(3) Such reports shall be submitted to the Congress

2 not later than one year after the date of enactment of the

3 Better Education for Students and Teachers Act.

4 ‘‘SEC. 1126. SPECIAL ALLOCATION PROCEDURES.

5 ‘‘(a) ALLOCATIONS FOR NEGLECTED CHILDREN.—

6 ‘‘(1) IN GENERAL.—If a State educational agen7 cy determines that a local educational agency in the

8 State is unable or unwilling to provide for the special

9 educational needs of children who are living in insti10 tutions for neglected or delinquent children as de11 scribed in section 1124(c)(1)(C), the State educational

12 agency shall, if such agency assumes responsibility for

13 the special educational needs of such children, receive

14 the portion of such local educational agency’s alloca15 tion under sections 1124, 1124A, and 1125 that is at16 tributable to such children.

17 ‘‘(2) SPECIAL RULE.—If the State educational

18 agency does not assume such responsibility, any other

19 State or local public agency that does assume such re20 sponsibility shall receive that portion of the local edu21 cational agency’s allocation.

22 ‘‘(b) ALLOCATIONS AMONG LOCAL EDUCATIONAL

23 AGENCIES.—The State educational agency may allocate the

24 amounts of grants under sections 1124, 1124A, and 1125

25 among the affected local educational agencies—
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1 ‘‘(1) if 2 or more local educational agencies

2 serve, in whole or in part, the same geographical

3 area;

4 ‘‘(2) if a local educational agency provides free

5 public education for children who reside in the school

6 district of another local educational agency; or

7 ‘‘(3) to reflect the merger, creation, or change of

8 boundaries of 1 or more local educational agencies.

9 ‘‘(c) REALLOCATION.—If a State educational agency

10 determines that the amount of a grant a local educational

11 agency would receive under sections 1124, 1124A, and 1125

12 is more than such local educational agency will use, the

13 State educational agency shall make the excess amount

14 available to other local educational agencies in the State

15 that need additional funds in accordance with criteria es16 tablished by the State educational agency.

17 ‘‘SEC. 1127. CARRYOVER AND WAIVER.

18 ‘‘(a) LIMITATION ON CARRYOVER.—Notwithstanding

19 section 421 of the General Education Provisions Act or any

20 other provision of law, not more than 15 percent of the

21 funds allocated to a local educational agency for any fiscal

22 year under this subpart (but not including funds received

23 through any reallocation under this subpart) may remain

24 available for obligation by such agency for one additional

25 fiscal year.
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1 ‘‘(b) WAIVER.—A State educational agency may, once

2 every 3 years, waive the percentage limitation in subsection

3 (a) if—

4 ‘‘(1) the agency determines that the request of a

5 local educational agency is reasonable and necessary;

6 or

7 ‘‘(2) supplemental appropriations for this sub8 part become available.

9 ‘‘(c) EXCLUSION.—The percentage limitation under

10 subsection (a) shall not apply to any local educational

11 agency that receives less than $50,000 under this subpart

12 for any fiscal year.’’.

13 SEC. 120E. SCHOOL YEAR EXTENSION ACTIVITIES.

14 Subpart 1 of part A of title I (20 U.S.C. 6311 et seq.)

15 is amended by adding at the end the following:

16 ‘‘SEC. 1120C. SCHOOL YEAR EXTENSION ACTIVITIES.

17 ‘‘(a) USE OF FUNDS.—

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

19 may use funds received under this part to—

20 ‘‘(A) to extend the length of the school year

21 to 210 days, including necessary increases in

22 compensation to employees;

23 ‘‘(B) conduct outreach to and consult with

24 community members, including parents, stu25 dents, and other stakeholders, to develop a plan
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1 to extend learning time within or beyond the

2 school day or year; and

3 ‘‘(C) research, develop, and implement

4 strategies, including changes in curriculum and

5 instruction.

6 ‘‘(b) APPLICATION.—A local educational agency desir7 ing to use funds under this section shall submit an applica8 tion to the State educational agency at such time, in such

9 manner, and accompanied by such information as the agen10 cy may require. Each application shall describe—

11 ‘‘(1) the activities to be carried out under this

12 section;

13 ‘‘(2) any study or other information-gathering

14 project for which funds will be used;

15 ‘‘(3) the strategies and methods the applicant

16 will use to enrich and extend learning time for all

17 students and to maximize high quality instruction in

18 the core academic areas during the school day, such

19 as block scheduling, team teaching, longer school days

20 or years, and extending learning time through new

21 distance-learning technologies;

22 ‘‘(4) the strategies and methods the applicant

23 will use, including changes in curriculum and in24 struction, to challenge and engage students and to

25 maximize the productiveness of common core learning
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1 time, as well as the total time students spend in

2 school and in school-related enrichment activities;

3 ‘‘(5) the strategies and methods the applicant in4 tends to employ to provide continuing financial sup5 port for the implementation of any extended school

6 day or school year;

7 ‘‘(6) with respect to any application to carry out

8 activities described in subsection (b)(1)(A), a descrip9 tion of any feasibility or other studies demonstrating

10 the sustainability of a longer school year;

11 ‘‘(7) the extent of involvement of teachers and

12 other school personnel in investigating, designing, im13 plementing and sustaining the activities assisted

14 under this section;

15 ‘‘(8) the process to be used for involving parents

16 and other stakeholders in the development and imple17 mentation of the activities assistance under this sec18 tion;

19 ‘‘(9) any cooperation or collaboration among

20 public housing authorities, libraries, businesses, muse21 ums, community-based organizations, and other com22 munity groups and organizations to extend engaging,

23 high-quality, standards-based learning time outside of

24 the school day or year, at the school or at some other

25 site;
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1 ‘‘(10) the training and professional development

2 activities that will be offered to teachers and others

3 involved in the activities assisted under this section;

4 ‘‘(11) the goals and objectives of the activities as5 sisted under this section, including a description of

6 how such activities will assist all students to reach

7 State standards;

8 ‘‘(12) the methods by which the applicant will

9 assess progress in meeting such goals and objectives;

10 and

11 ‘‘(13) how the applicant will use funds provided

12 under this section in coordination with funds pro13 vided under other Federal laws.

14 SEC. 120F. ADEQUACY OF FUNDING OF TARGETED GRANTS

15 TO LOCAL EDUCATIONAL AGENCIES IN FIS16 CAL YEARS AFTER FISCAL YEAR 2001.

17 (a) FINDINGS.—Congress makes the following findings:

18 (1) The current Basic Grant Formula for the

19 distribution of funds under part A of title I of the El20 ementary and Secondary Education Act of 1965 (20

21 U.S.C. 6311 et seq.), often does not provide funds for

22 the economically disadvantaged students for which

23 such funds are targeted.

24 (2) Any school district in which at least two per25 cent of the students live below the poverty level quali-
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1 fies for funding under the Basic Grant Formula. As

2 a result, 9 out of every 10 school districts in the coun3 try receive some form of aid under the Formula.

4 (3) Fifty-eight percent of all schools receive at

5 least some funding under title I of the Elementary

6 and Secondary Education Act of 1965, including

7 many suburban schools with predominantly well-off

8 students.

9 (4) One out of every 5 schools with concentra10 tions of poor students between 50 and 75 percent re11 ceive no funding at all under title I of the Elemen12 tary and Secondary Education Act of 1965.

13 (5) In passing the Improving America’s Schools

14 Act in 1994, Congress declared that grants under title

15 I of the Elementary and Secondary Education Act of

16 1965 would more sharply target high poverty schools

17 by using the Targeted Grant Formula, but annual

18 appropriation Acts have prevented the use of that

19 Formula.

20 (6) The advantage of the Targeted Grant For21 mula over other funding formulas under title I of the

22 Elementary and Secondary Education Act of 1965 is

23 that the Targeted Grant Formula provides increased

24 grants per poor child as the percentage of economi-
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1 cally disadvantaged children in a school district in2 creases.

3 (7) Studies have found that the poverty of a

4 child’s family is much more likely to be associated

5 with educational disadvantage if the family lives in

6 an area with large concentrations of poor families.

7 (8) States with large populations of high poverty

8 students would receive significantly more funding if

9 more funds under title I of the Elementary and Sec10 ondary Education Act of 1965 were allocated through

11 the Targeted Grant Formula.

12 (9) Congress has an obligation to allocate funds

13 under title I of the Elementary and Secondary Edu14 cation Act of 1965 so that such funds will positively

15 affect the largest number of economically disadvan16 taged students.

17 (b) LIMITATION ON ALLOCATION OF TITLE I FUNDS

18 CONTINGENT ON ADEQUATE FUNDING OF TARGETED

19 GRANTS.—Notwithstanding any other provision of law, the

20 total amount allocated in any fiscal year after fiscal year

21 2001 for programs and activities under part A of title I

22 of the Elementary and Secondary Education Act of 1965

23 (20 U.S.C. 6311 et seq.) may not exceed the amount allo24 cated in fiscal year 2001 for such programs and activities

25 unless the amount available for targeted grants to local edu-
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1 cational agencies under section 1125 of that Act (20 U.S.C.

2 6335) in the applicable fiscal year is sufficient to meet the

3 purposes of grants under that section.

4 PART B—LITERACY FOR CHILDREN AND

5 FAMILIES

6 SEC. 121. READING FIRST.

7 Part B of title I (20 U.S.C. 6361 et seq.) is amended—

8 (1) by striking the part heading and inserting

9 the following:

10 ‘‘PART B—LITERACY FOR CHILDREN AND

11 FAMILIES’’;

12 (2) by inserting after the part heading the fol13 lowing:

14 ‘‘Subpart 1—William F. Goodling Even Start Family

15 Literacy Programs’’;

16 (3) in sections 1201 through 1212, by striking

17 ‘‘this part’’ each place such term appears and insert18 ing ‘‘this subpart’’; and

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

20 ‘‘Subpart 2—Reading First’’

21 ‘‘SEC. 1221. PURPOSES.

22 ‘‘The purposes of this subpart are as follows:

23 ‘‘(1) To provide assistance to States and local

24 educational agencies in establishing reading programs

25 for students in grades kindergarten through 3 that are
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1 grounded in scientifically based reading research, in

2 order to ensure that every student can read at grade

3 level or above by the end of the third grade.

4 ‘‘(2) To provide assistance to States and local

5 educational agencies in preparing teachers, through

6 professional development and other support, so the

7 teachers can identify specific reading barriers facing

8 their students and so the teachers have the tools effec9 tively to help their student to learn to read.

10 ‘‘(3) To provide assistance to States and local

11 educational agencies in selecting or developing screen12 ing instruments, rigorous diagnostic reading assess13 ments, and classroom-based instructional assessments.

14 ‘‘(4) To provide assistance to States and local

15 educational agencies in selecting or developing effec16 tive instructional materials, programs, and strategies

17 to implement methods that have been proven to pre18 vent or remediate reading failure within a State or

19 States.

20 ‘‘(5) To strengthen coordination among schools,

21 early literacy programs, and family literacy pro22 grams in order to improve reading achievement for

23 all children.
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1 ‘‘SEC. 1222. FORMULA GRANTS TO STATES; COMPETITIVE

2 SUBGRANTS TO LOCAL AGENCIES.

3 ‘‘(a) IN GENERAL.—In the case of each State edu4 cational agency that in accordance with section 1224 sub5 mits to the Secretary an application for a 5-year period,

6 the Secretary, subject to the application’s approval, shall

7 make a grant to the State educational agency for the uses

8 specified in subsections (c) and (d). The grant shall consist

9 of the allotment determined for the State under subsection

10 (b).

11 ‘‘(b) DETERMINATION OF AMOUNT OF ALLOTMENT.—

12 ‘‘(1) IN GENERAL.—From the total amount made

13 available to carry out this subpart for any fiscal year

14 and not reserved under section 1226, the Secretary

15 shall allot among each of the 50 States, the District

16 of Columbia, and the Commonwealth of Puerto Rico,

17 in accordance with paragraph (2)—

18 ‘‘(A) 100 percent of such remaining amount

19 for each of the fiscal years 2002 and 2003; and

20 ‘‘(B) 75 percent of such remaining amount

21 for each of the fiscal years 2004 through 2008.

22 ‘‘(2) STATE ALLOTMENTS.—The Secretary shall

23 allot the amount made available under paragraph (1)

24 for a fiscal year among the States in proportion to

25 the amount all local educational agencies in a State

26 would receive under section 1124.
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1 ‘‘(3) REALLOTMENT.—If any State does not

2 apply for an allotment under this section for any fis3 cal year, or if the State’s application is not approved,

4 the Secretary shall reallot such amount to the remain5 ing States in accordance with paragraph (2).

6 ‘‘(4) RESERVATION FROM APPROPRIATIONS.—

7 From the amounts appropriated under section

8 1002(b)(2) to carry out this subpart for a fiscal year,

9 the Secretary shall—

‘‘(A) reserve 1 10 ⁄2 of 1 percent for allotments

11 for the Virgin Islands, Guam, American Samoa

12 and the Commonwealth of the Northern Mariana

13 Islands, to be distributed among these outlying

14 areas on the basis of their relative need, as deter15 mined by the Secretary in accordance with the

16 purposes of this subpart; and

‘‘(B) reserve 1 17 ⁄2 of 1 percent for allotments

18 for the Secretary of the Interior for programs

19 under this subpart in schools operated or funded

20 by the Bureau of Indian Affairs.

21 ‘‘(c) SUBGRANTS TO LOCAL EDUCATIONAL AGEN22 CIES.—

23 ‘‘(1) DISTRIBUTION OF SUBGRANTS.—The Sec24 retary may make a grant to a State under this sec25 tion only if the State agrees to expend at least 80 per-
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1 cent of the amount of the funds provided under the

2 grant for the purpose of making, in accordance with

3 this subsection, competitive subgrants to eligible local

4 educational agencies.

5 ‘‘(2) NOTICE.—A State receiving a grant under

6 this section shall provide notice to all eligible local

7 educational agencies in the State of the availability

8 of competitive subgrants under this subsection and of

9 the requirements for applying for the subgrants.

10 ‘‘(3) LOCAL APPLICATION.—To be eligible to re11 ceive a subgrant under this subsection, an eligible

12 local educational agency shall submit an application

13 to the State at such time, in such manner, and con14 taining such information as the State may reasonably

15 require.

16 ‘‘(4) DEFINITION OF ELIGIBLE LOCAL EDU17 CATIONAL AGENCY.—In this subpart the term ‘eligible

18 local educational agency’ means a local educational

19 agency that—

20 ‘‘(A) has a high number or percentage of

21 students in grades kindergarten through 3 read22 ing below grade level; and

23 ‘‘(B) has—

24 ‘‘(i) jurisdiction over a geographic area

25 that includes an area designated as an em-
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1 powerment zone, or an enterprise commu2 nity, under part I of subchapter U of chap3 ter 1 of the Internal Revenue Code of 1986;

4 ‘‘(ii) jurisdiction over at least 1 school

5 that is identified for school improvement

6 under section 1116(c); or

7 ‘‘(iii) a high number or percentage of

8 children who are counted under section

9 1124(c), in comparison to other local edu10 cational agencies in the State.

11 ‘‘(5) STATE REQUIREMENT.—In distributing

12 subgrant funds to local educational agencies, a State

13 shall—

14 ‘‘(A) provide the funds in sufficient

15 amounts to enable the local educational agencies

16 to improve reading; and

17 ‘‘(B) provide the funds in amounts related

18 to the number or percentage of students in kin19 dergarten through grade 3 who are reading below

20 grade level.

21 ‘‘(6) LOCAL ELIGIBILITY.—In distributing

22 subgrant funds under this subsection, a local edu23 cational agency shall provide funds only to schools

24 that—
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1 ‘‘(A) have a high percentage of students in

2 grades kindergarten through 3 reading below

3 grade level;

4 ‘‘(B) are identified for school improvement

5 under section 1116(c); or

6 ‘‘(C) have a high percentage of children

7 counted under section 1124(c).

8 ‘‘(7) LOCAL USES OF FUNDS.—Subject to para9 graph (8), a local educational agency that receives a

10 subgrant under this subsection shall use the funds

11 provided under the subgrant to carry out the fol12 lowing activities:

13 ‘‘(A) Selecting or developing, and admin14 istering, screening instruments, rigorous diag15 nostic reading assessments, and classroom-based

16 instructional assessments.

17 ‘‘(B) Selecting or developing, and imple18 menting, a program or programs of reading in19 struction grounded on scientifically based read20 ing research that—

21 ‘‘(i) includes the major components of

22 reading instruction; and

23 ‘‘(ii) provides such instruction to all

24 children, including children who—

25 ‘‘(I) may have reading difficulties;
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1 ‘‘(II) are at risk of being referred

2 to special education based on these dif3 ficulties;

4 ‘‘(III) have been evaluated under

5 section 614 of the Individuals with

6 Disabilities Education Act but, in ac7 cordance with section 614(b)(5) of such

8 Act, and have not been identified as

9 being a child with a disability (as de10 fined in section 602 of such Act);

11 ‘‘(IV) are being served under such

12 Act primarily due to being identified

13 as being a child with a specific learn14 ing disability (as defined in section

15 602 of such Act) related to reading; or

16 ‘‘(V) are identified as having lim17 ited English proficiency (as defined in

18 section 3501).

19 ‘‘(C) Procuring and implementing instruc20 tional materials, including education technology

21 such as software and other digital curricula,

22 grounded on scientifically based reading re23 search.

24 ‘‘(D) Providing professional development for

25 teachers of grades kindergarten through 3 that—
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1 ‘‘(i) will prepare these teachers in all

2 of the major components of reading instruc3 tion;

4 ‘‘(ii) shall include—

5 ‘‘(I) information on instructional

6 materials, programs, strategies, and

7 approaches grounded on scientifically

8 based reading research, including early

9 intervention and reading remediation

10 materials, programs, and approaches;

11 and

12 ‘‘(II) instruction in the use of rig13 orous diagnostic reading assessments

14 and other procedures that effectively

15 identify students who may be at risk

16 for reading failure or who are having

17 difficulty reading; and

18 ‘‘(iii) shall be provided by eligible pro19 fessional development providers.

20 ‘‘(E) Promoting reading and library pro21 grams that provide access to engaging reading

22 material.

23 ‘‘(F) Providing training to individuals who

24 volunteer to be reading tutors for students to en25 able the volunteers to support instructional prac-
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1 tices that are based on scientific reading research

2 and being used by the student’s teacher.

3 ‘‘(G) Assisting parents, through the use of

4 materials, programs, strategies and approaches

5 (including family literacy services), that are

6 based on scientific reading research, to help sup7 port their children’s reading development.

8 ‘‘(H) Collecting and summarizing data—

9 ‘‘(i) to document the effectiveness of

10 this subpart in individual schools and in

11 the local educational agency as a whole; and

12 ‘‘(ii) to stimulate and accelerate im13 provement by identifying the schools that

14 produce significant gains in reading

15 achievement.

16 ‘‘(I) Reporting data for all students and

17 categories of students identified under section

18 1111(b)(2)(B)(v).

19 ‘‘(9) LOCAL PLANNING AND ADMINISTRATION.—A local

20 educational agency that receives a subgrant under this sub21 section may use not more than 5 percent of the funds pro22 vided under the subgrant for planning and administration.

23 ‘‘(d) OTHER STATE USES OF FUNDS.—

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

25 that receives a grant under this section may expend
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1 not more than a total of 20 percent of the grant funds

2 to carry out the activities described in paragraphs

3 (3), (4), and (5).

4 ‘‘(2) PRIORITY.—A State shall give priority to

5 carrying out the activities described in paragraphs

6 (3), (4), and (5) for schools described in subsection

7 (c)(6).

8 ‘‘(3) PROFESSIONAL DEVELOPMENT.—A State

9 may expend not more than 100 percent of the amount

10 of the funds made available under paragraph (1) to

11 develop and implement a program of professional de12 velopment for teachers of grades kindergarten through

13 3 that—

14 ‘‘(A) will prepare these teachers in all of the

15 major components of reading instruction;

16 ‘‘(B) shall include—

17 ‘‘(i) information on instructional ma18 terials, programs, strategies, and ap19 proaches grounded on scientifically based

20 reading research, including early interven21 tion and reading remediation materials,

22 programs, and approaches; and

23 ‘‘(ii) instruction in the use of rigorous

24 diagnostic reading assessments and other

25 procedures that effectively identify students
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1 who may be at risk for reading failure or

2 who are having difficulty reading; and

3 ‘‘(C) shall be provided by eligible profes4 sional development providers.

5 ‘‘(4) TECHNICAL ASSISTANCE FOR LOCAL EDU6 CATIONAL AGENCIES AND SCHOOLS.—A State may ex7 pend not more than 25 percent of the amount of the

8 funds made available under paragraph (1) for one or

9 more of the following authorized State activities:

10 ‘‘(A) Assisting local educational agencies in

11 accomplishing the tasks required to design and

12 implement a program under this subpart,

13 including—

14 ‘‘(i) selecting and implementing a pro15 gram or programs of reading instruction

16 grounded on scientifically based reading re17 search;

18 ‘‘(ii) selecting or developing rigorous

19 diagnostic reading assessments; and

20 ‘‘(iii) identifying eligible professional

21 development providers to help prepare read22 ing teachers to teach students using the pro23 grams and assessments described in sub24 paragraphs (A) and (B).
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1 ‘‘(B) Providing expanded opportunities to

2 students in grades kindergarten through 3 within

3 eligible local educational agencies for receiving

4 reading assistance from alternative providers

5 that includes—

6 ‘‘(i) a rigorous diagnostic reading as7 sessment; and

8 ‘‘(ii) instruction in the major compo9 nents of reading that is based on scientific

10 reading research.

11 ‘‘(5) PLANNING, ADMINISTRATION, AND REPORT12 ING.—

13 ‘‘(A) IN GENERAL.—A State may expend

14 not more than 25 percent of the amount of the

15 funds made available under paragraph (1) for

16 the activities described in this paragraph.

17 ‘‘(B) PLANNING AND ADMINISTRATION.—A

18 State that receives a grant under this section

19 may expend funds made available under sub20 paragraph (A) for planning and administration

21 relating to the State uses of funds authorized

22 under this subpart, including the following:

23 ‘‘(i) Administering the distribution of

24 competitive subgrants to local educational

25 agencies under sections 1222 and 1223.
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1 ‘‘(ii) Collecting and summarizing

2 data—

3 ‘‘(I) to document the effectiveness

4 of this subpart in individual local edu5 cational agencies and in the State as a

6 whole; and

7 ‘‘(II) to stimulate and accelerate

8 improvement by identifying the local

9 educational agencies that produce sig10 nificant gains in reading achievement.

11 ‘‘(C) ANNUAL REPORTING.—

12 ‘‘(i) IN GENERAL.—A State that re13 ceives a grant under this section shall ex14 pend funds provided under the grant to pro15 vide the Secretary annually with a report

16 on the implementation of this subpart. The

17 report shall include evidence that the State

18 is fulfilling its obligations under this sub19 part. The report shall also include the data

20 required under subsections (c)(7) (H) and

21 (I) to be reported to the State by local edu22 cational agencies. The report shall include a

23 specific identification of those local edu24 cational agencies that report significant

25 gains in reading achievement overall and
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1 such gains based on disaggregated data, re2 ported in the same manner as data is re3 ported under subsection (c)(7)(I).

4 ‘‘(ii) PRIVACY PROTECTION.—Data in

5 the report shall be reported in a manner

6 that protects the privacy of individuals.

7 ‘‘(iii) CONTRACT.—To the extent prac8 ticable, a State shall enter into a contract

9 with an entity that conducts scientifically

10 based reading research, under which con11 tract the entity will assist the State in pro12 ducing the reports required to be submitted

13 under this subparagraph.

14 ‘‘(6) PRIME TIME FAMILY READING TIME.—A

15 State that receives a grant under this section may ex16 pend funds provided under the grant for a human17 ities-based family literacy program which bonds fam18 ilies around the acts of reading and using public li19 braries.

20 ‘‘SEC. 1223. COMPETITIVE GRANTS TO STATES; COMPETI21 TIVE SUBGRANTS TO LOCAL AGENCIES.

22 ‘‘(a) IN GENERAL.—For fiscal year 2004 and each suc23 ceeding fiscal year the Secretary is authorized to award

24 grants, on a competitive basis according to the criteria de25 scribed in subsection (b) (2) or (3), to any State educational
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1 agency that received a grant under section 1222, for the

2 use specified in subsection (c).

3 ‘‘(b) AMOUNT AVAILABLE FOR GRANTS; CRITERIA FOR

4 GRANTS.—

5 ‘‘(1) AMOUNT.—From the total amount made

6 available to carry out this subpart for fiscal year

7 2004 or any succeeding fiscal year that is not used

8 under section 1222 or reserved under section 1226, the

9 Secretary shall award grants under this section ac10 cording to the criteria described in paragraph (2) or

11 (3).

12 ‘‘(2) CRITERIA FOR AWARDING COMPETITIVE

13 GRANTS TO STATES.—In carrying out this section, the

14 Secretary shall award grants to those State edu15 cational agencies that—

16 ‘‘(A) for 2 consecutive years, make or exceed

17 adequate yearly progress in reading for all third

18 graders, in the aggregate, who attend schools

19 served by the local educational agencies receiving

20 funding under this subpart;

21 ‘‘(B) for each of the same such consecutive

22 2 years, demonstrate that an increasing percent23 age of third graders in each of the groups de24 scribed in section 1111(b)(2)(B)(v)(II) in the

25 schools served by the local educational agencies
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1 receiving funds under this subpart are reaching

2 the proficient level in reading; and

3 ‘‘(C) for each of the same such consecutive

4 2 years, demonstrate that schools receiving funds

5 under this subpart are improving the reading

6 skills of students in the first and second grades

7 based on screening, diagnostic, or classroom8 based instructional assessments.

9 ‘‘(3) INTERIM CRITERIA FOR AWARDING COM10 PETITIVE GRANTS TO STATES.—If a State has not de11 fined adequate yearly progress and implemented an

12 assessment of reading in grade 3 as required under

13 subsection 1111(b), then the Secretary shall award

14 grants to such State educational agency on the basis

15 of evidence supplied by the State that, for 2 consecu16 tive years, increasing percentages of students are

17 reading at grade level or above in grades 1 through

18 3 in schools receiving funds under this subpart.

19 ‘‘(4) CONTINUATION OF PERFORMANCE

20 AWARDS.—For any State that receives a competitive

21 grant under this section, the Secretary shall make an

22 award for each of the following, consecutive years that

23 the State demonstrates it is continuing to meet the

24 criteria described in paragraph (2) or (3).
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1 ‘‘(5) DISTRIBUTION OF PERFORMANCE

2 GRANTS.—

3 ‘‘(A) IN GENERAL.—The Secretary shall

4 make a grant to each State with an application

5 approved under this section in proportion to the

6 number of poor children determined under sec7 tion 1124(c)(1)(A) for the State as compared to

8 the number of such poor children in all States

9 with applications approved in that year.

10 ‘‘(B) APPLICATION CONTENTS.—A State

11 that desires to receive a grant under this section

12 shall submit an application to the Secretary at

13 such time, in such manner, and accompanied by

14 such information as the Secretary may require.

15 Each such application shall include the fol16 lowing:

17 ‘‘(i) Evidence that the State has car18 ried out its obligations under this subpart.

19 ‘‘(ii) Evidence that the State has met

20 the criteria described in paragraph (2) or

21 (3).

22 ‘‘(iii) The amount of funds being re23 quested by the State and a description of

24 the criteria the State intends to use in dis25 tributing subgrants to local educational
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1 agencies under this section to continue or

2 expand activities under this subpart.

3 ‘‘(iv) Any additional evidence that

4 demonstrates success in the implementation

5 of this subpart.

6 ‘‘(c) SUBGRANTS TO LOCAL EDUCATIONAL AGEN7 CIES.—

8 ‘‘(1) IN GENERAL.—The Secretary may make a

9 grant to a State under this section only if the State

10 agrees to expend 100 percent of the amount of the

11 funds provided under the grant for the purpose of

12 making competitive subgrants in accordance with this

13 subsection to local educational agencies.

14 ‘‘(2) NOTICE.—A State receiving a grant under

15 this section shall provide notice to all eligible local

16 educational agencies in the State of the availability

17 of competitive subgrants under this subsection and of

18 the requirements for applying for the subgrants.

19 ‘‘(3) APPLICATION.—To apply for a subgrant

20 under this subsection, an eligible local educational

21 agency shall submit an application to the State at

22 such time, in such manner, and containing such in23 formation as the State may reasonably require.
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1 ‘‘(4) DISTRIBUTION.—A State shall distribute

2 funds under this section, on a competitive basis, based

3 on the following criteria:

4 ‘‘(A) Evidence that a local educational

5 agency has carried out its obligations under this

6 subpart.

7 ‘‘(B) Evidence that a local educational

8 agency has, for 2 consecutive years, made or ex9 ceeded adequate yearly progress in reading for

10 all third graders, in the aggregate, who attend

11 schools receiving funds under this subpart.

12 ‘‘(C) Evidence that a local educational

13 agency has, for each of the same such consecutive

14 2 years, demonstrated that an increasing per15 centage of the third graders in each of the groups

16 described in section 1111(b)(2)(B)(v)(II) in

17 schools receiving funds under this subpart are

18 reaching the proficient level in reading.

19 ‘‘(D) Evidence that a local educational

20 agency has, for each of the same such consecutive

21 2 years, demonstrated that schools receiving

22 funds under this subpart are improving the

23 reading skills of students in the first and second

24 grades based on screening, diagnostic, or class25 room-based instructional assessments.
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1 ‘‘(E) The amount of funds being requested

2 by a local educational agency in its application

3 under paragraph (3) and the description in such

4 application of how such funds will be used to

5 support the continuation or expansion of the

6 agency’s programs under this subpart.

7 ‘‘(F) Evidence that the local educational

8 agency will work with other eligible local edu9 cational agencies in the State who have not re10 ceived a subgrant under this subsection to assist

11 such nonreceiving agencies in increasing the

12 reading achievement of students.

13 ‘‘(G) Any additional evidence in a local

14 educational agency’s application under para15 graph (3) that demonstrates success in the imple16 mentation of this subpart.

17 ‘‘(5) INTERIM CRITERIA FOR DISTRIBUTING

18 FUNDS.—If a State has not defined adequate yearly

19 progress or implemented an assessment of reading in

20 grade 3 as required under subsection 1111(b), then

21 such State shall award grants, on a competitive basis

22 according to the criteria described in paragraphs (4)

23 (A), (E), (F), and (G), to local educational agencies

24 that for 2 consecutive years increased the percentage

25 of students reading at grade level or above in grades
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1 1 through 3 in schools receiving funds under this sub2 part.

3 ‘‘(6) LOCAL USES OF FUNDS.—A local edu4 cational agency that receives a subgrant under this

5 subsection shall use the funds provided under the

6 subgrant to carry out the activities described in sub7 paragraphs (A) through (G) of section 1222(c)(7).

8 ‘‘SEC. 1224. STATE APPLICATIONS.

9 ‘‘(a) APPLICATIONS.—

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

11 that desires to receive a grant under section 1222

12 shall submit an application to the Secretary at such

13 time and in such form as the Secretary may require.

14 The application shall contain the information de15 scribed in subsection (b).

16 ‘‘(2) SPECIAL APPLICATION PROVISIONS.—For

17 those States that have received a grant under part C

18 of title II (as such part was in effect on the day pre19 ceding the date of enactment of the Better Education

20 for Students and Teachers Act), the Secretary shall

21 establish a modified set of requirements for an appli22 cation under this section that takes into account the

23 information already submitted and approved under

24 that program and minimizes the duplication of effort

25 on the part of such States.
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1 ‘‘(b) CONTENTS.—An application under this section

2 shall contain the following:

3 ‘‘(1) An assurance that the Governor of the

4 State, in consultation with the State educational

5 agency, has established a reading and literacy part6 nership described in subsection (d), and a description

7 of how such partnership—

8 ‘‘(A) coordinated the development of the ap9 plication; and

10 ‘‘(B) will assist in the oversight and evalua11 tion of the State’s activities under this subpart.

12 ‘‘(2) A description of a strategy to expand, con13 tinue, or modify activities commenced under part C

14 of title II of this Act (as such part was in effect on

15 the day before the date of the enactment of the Better

16 Education for Students and Teachers Act).

17 ‘‘(3) An assurance that the State will submit to

18 the Secretary, at such time and in such manner as

19 the Secretary may reasonably require, a State plan

20 containing a description of the following:

21 ‘‘(A) How the State will assist local edu22 cational agencies in identifying rigorous diag23 nostic reading assessments.

24 ‘‘(B) How the State will assist local edu25 cational agencies in identifying instructional
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1 materials, programs, strategies, and approaches,

2 grounded on scientifically based reading re3 search, including early intervention and reading

4 remediation materials, programs and ap5 proaches.

6 ‘‘(C) How the State educational agency will

7 ensure that professional development activities

8 related to reading instruction and provided

9 under this subpart are—

10 ‘‘(i) coordinated with other Federal,

11 State and local level funds and used effec12 tively to improve instructional practices for

13 reading; and

14 ‘‘(ii) based on scientifically based read15 ing research.

16 ‘‘(D) How the activities assisted under this

17 subpart will address the needs of teachers and

18 other instructional staff in schools receiving as19 sistance under this subpart and will effectively

20 teach students to read.

21 ‘‘(E) The extent to which the activities will

22 prepare teachers in all the major components of

23 reading instruction.

24 ‘‘(F) How subgrants made by the State edu25 cational agency under this subpart will meet the
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1 requirements of this subpart, including how the

2 State educational agency will ensure that local

3 educational agencies receiving subgrants under

4 this subpart will use practices based on scientif5 ically based reading research.

6 ‘‘(G) How the State educational agency

7 will, to the extent practicable, make grants to

8 subgrantees in both rural and urban areas.

9 ‘‘(H) How the State educational agency—

10 ‘‘(i) will build on, and promote coordi11 nation among, literacy programs in the

12 State (including federally funded programs

13 such as the Adult Education and Family

14 Literacy Act and the Individuals with Dis15 abilities Education Act), in order to in16 crease the effectiveness of the programs in

17 improving reading for adults and children

18 and to avoid duplication of the efforts of the

19 program; and

20 ‘‘(ii) will assess and evaluate, on a reg21 ular basis, local educational agency activi22 ties assisted under this subpart, with respect

23 to whether they have been effective in

24 achieving the purposes of this subpart.

25 ‘‘(c) APPROVAL OF APPLICATIONS.—
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1 ‘‘(1) IN GENERAL.—The Secretary shall approve

2 an application of a State under this section only if

3 such application meets the requirement of this section.

4 ‘‘(2) PEER REVIEW.—

5 ‘‘(A) IN GENERAL.—The Secretary, in con6 sultation with the National Institute for Lit7 eracy, shall convene a panel to evaluate applica8 tions under this section. At a minimum, the

9 panel shall include—

10 ‘‘(i) 3 individuals selected by the Sec11 retary;

12 ‘‘(ii) 3 individuals selected by the Na13 tional Institute for Literacy;

14 ‘‘(iii) 3 individuals selected by the Na15 tional Research Council of the National

16 Academy of Sciences; and

17 ‘‘(iv) 3 individuals selected by the Na18 tional Institute of Child Health and

19 Human Development.

20 ‘‘(B) EXPERTS.—The panel shall include

21 experts who are competent, by virtue of their

22 training, expertise, or experience, to evaluate ap23 plications under this section, and experts who

24 provide professional development to teachers of

25 reading to children and adults, and experts who
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1 provide professional development to other in2 structional staff, based on scientifically based

3 reading research.

4 ‘‘(C) RECOMMENDATIONS.—The panel shall

5 recommend grant applications from States under

6 this section to the Secretary for funding or for

7 disapproval.

8 ‘‘(d) READING AND LITERACY PARTNERSHIPS.—

9 ‘‘(1) REQUIRED PARTICIPANTS.—In order for a

10 State to receive a grant under this subpart, the Gov11 ernor of the State, in consultation with the State edu12 cational agency, shall establish a reading and literacy

13 partnership consisting of at least the following par14 ticipants:

15 ‘‘(A) The Governor of the State.

16 ‘‘(B) The chief State school officer.

17 ‘‘(C) The chairman and the ranking mem18 ber of each committee of the State legislature

19 that is responsible for education policy.

20 ‘‘(D) A representative, selected jointly by the

21 Governor and the chief State school officer, of at

22 least one local educational agency that is eligible

23 to receive a subgrant under section 1222.

24 ‘‘(E) A representative, selected jointly by the

25 Governor and the chief State school officer, of a
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1 community-based organization working with

2 children to improve their reading skills, particu3 larly a community-based organization using tu4 tors and scientifically based reading research.

5 ‘‘(F) State directors of appropriate Federal

6 or State programs with a strong reading compo7 nent.

8 ‘‘(G) A parent of a public or private school

9 student or a parent who educates their child or

10 children in their home, selected jointly by the

11 Governor and the chief State school officer.

12 ‘‘(H) A teacher who successfully teaches

13 reading and an instructional staff member, se14 lected jointly by the Governor and the chief State

15 school officer.

16 ‘‘(I) A family literacy service provider se17 lected jointly by the Governor and the chief State

18 school officer.

19 ‘‘(2) OPTIONAL PARTICIPANTS.—A reading and

20 literacy partnership may include additional partici21 pants, who shall be selected jointly by the Governor

22 and the chief State school officer, and who may in23 clude a representative of—

24 ‘‘(A) an institution of higher education op25 erating a program of teacher preparation based
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1 on scientifically based reading research in the

2 State;

3 ‘‘(B) a local educational agency;

4 ‘‘(C) a private nonprofit or for-profit eligi5 ble professional development provider providing

6 instruction based on scientifically based reading

7 research;

8 ‘‘(D) an adult education provider;

9 ‘‘(E) a volunteer organization that is in10 volved in reading programs; or

11 ‘‘(F) a school library or a public library

12 that offers reading or literacy programs for chil13 dren or families.

14 ‘‘(3) PREEXISTING PARTNERSHIP.—If, before the

15 date of the enactment of the Better Education for Stu16 dents and Teachers Act, a State established a consor17 tium, partnership, or any other similar body that

18 was considered a reading and literacy partnership for

19 purposes of part C of title II of this Act (as such part

20 was in effect on the day before the date of the enact21 ment of the Better Education for Students and Teach22 ers Act), that consortium, partnership, or body may

23 be considered a reading and literacy partnership for

24 purposes of this subpart notwithstanding that it does

25 not satisfy the requirements of paragraph (1).
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1 ‘‘SEC. 1225. ACCOUNTABILITY FOR RESULTS.

2 ‘‘(a) STATE ACCOUNTABILITY.—

3 ‘‘(1) REDUCTIONS.—If the Secretary makes the

4 determination described in paragraphs (2) or (3) for

5 2 consecutive years, then the Secretary shall reduce

6 the size of a State’s grant under this subpart for the

7 subsequent fiscal year.

8 ‘‘(2) DETERMINATION.—The determination re9 ferred to in paragraph (1) is the determination, made

10 on the basis of data from the State assessment system

11 described in section 1111, that a State—

12 ‘‘(A) failed to make adequate yearly

13 progress in reading (as defined in the State’s

14 plan under section 1111) for all third graders, in

15 the aggregate, who attend schools receiving funds

16 under this subpart; and

17 ‘‘(B) failed to increase the percentage of

18 third graders within each of the groups described

19 in section 1111(b)(2)(B)(v)(II) who attend

20 schools receiving funds under this subpart in

21 reaching the proficient level in reading as com22 pared to the previous school year.

23 ‘‘(3) INTERIM CRITERIA FOR DETERMINATION.—

24 If a State has not defined adequate yearly progress

25 and implemented an assessment of reading in grade

26 3 as required under subsection 1111(b), then the de-
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1 termination referred to in paragraph (1) is the deter2 mination that such State failed to increase the per3 centage of students reading at grade level or above in

4 grades 1 through 3 in schools receiving funds under

5 this subpart.

6 ‘‘(4) CONTINUED REDUCTIONS.—If the Secretary

7 makes the determination described in paragraph (2)

8 or (3) for a third or subsequent consecutive year, then

9 the Secretary shall continue to reduce a States’s grant

10 under this subpart in each such consecutive year.

11 ‘‘(b) LOCAL EDUCATIONAL AGENCY ACCOUNT12 ABILITY.—

13 ‘‘(1) REDUCTIONS.—If the State educational

14 agency makes the determination described in para15 graph (2) or (3) for a local educational agency receiv16 ing funds under this subpart for 2 consecutive years,

17 then the State shall make that local educational agen18 cy a priority for professional development and tech19 nical assistance provided under section 1222(d) (3)

20 and (4).

21 ‘‘(2) DETERMINATION.—The determination re22 ferred to in paragraph (1) is the determination, made

23 on the basis of data from the State assessment system

24 described in section 1111, that a local educational

25 agency—
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1 ‘‘(A) failed to make adequate yearly

2 progress in reading (as defined in the State plan

3 under section 1111) for all third graders, in the

4 aggregate, who attend schools that are served by

5 the agency and receive funds under this subpart;

6 and

7 ‘‘(B) failed to increase the percentage of

8 third graders, within each of the groups de9 scribed in section 1111(b)(2)(B)(v)(II), who at10 tend schools that are served by the agency and

11 receive funds under this subpart, reaching the

12 proficient level in reading as compared to the

13 previous school year.

14 ‘‘(3) INTERIM CRITERIA FOR DETERMINATION.—

15 If a State has not defined adequate yearly progress

16 and implemented an assessment of reading in grade

17 3 as required under subsection 1111(b), then the de18 termination referred to in paragraph (1) is the deter19 mination that a local educational agency failed to in20 crease the percentage of students reading at grade

21 level or above in grades 1 through 3 in schools receiv22 ing funds under this subpart.

23 ‘‘(4) CONTINUED REDUCTIONS.—If the State

24 makes the determination described in paragraph (2)

25 for a third or subsequent consecutive year, then the
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1 State shall continue to provide professional develop2 ment and technical assistance and may require the

3 local educational agency to institute a new reading

4 curriculum that has demonstrated success in improv5 ing the reading skills of students in kindergarten

6 through third grade, replace school district or school

7 staff involved in the planning or implementation of

8 the reading curriculum, or take some other action or

9 actions to address the cause or causes for such failure

10 to demonstrate progress. If the local educational agen11 cy refuses to take such action, then the State may re12 duce or eliminate the grant to that local educational

13 agency.

14 ‘‘SEC. 1226. RESERVATIONS FROM APPROPRIATIONS.

15 ‘‘From the amounts appropriated to carry out this

16 subpart for a fiscal year, the Secretary—

17 ‘‘(1) may reserve not more than 1 percent to

18 carry out section 1227 (relating to national activi19 ties); and

20 ‘‘(2) shall reserve $5,000,000 to carry out section

21 1228 (relating to information dissemination).

22 ‘‘SEC. 1227. NATIONAL ACTIVITIES.

23 ‘‘(a) IN GENERAL.—From funds reserved under section

24 1226, the Secretary—
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1 ‘‘(1) shall contract with an independent outside

2 organization for a 5-year, rigorous, scientifically

3 valid, quantitative evaluation of this subpart;

4 ‘‘(2) may provide technical assistance in achiev5 ing the purposes of this subpart to States, local edu6 cational agencies, and schools requesting such assist7 ance; and

8 ‘‘(3) shall, at a minimum, evaluate the impact

9 of services provided to children under this subpart

10 with respect to their referral to and eligibility for spe11 cial education services under the Individuals with

12 Disabilities Education Act (based on their difficulties

13 learning to read).

14 ‘‘(b) PROCESS.—Such evaluation shall be conducted by

15 an organization outside of the Department that is capable

16 of designing and carrying out an independent evaluation

17 that identifies the effects of specific activities carried out

18 by States and local educational agencies under this subpart

19 on improving reading instruction. Such evaluation shall

20 use only data relating to students served under this subpart

21 and shall take into account factors influencing student per22 formance that are not controlled by teachers or education

23 administrators.

24 ‘‘(c) ANALYSIS.—Such evaluation shall include the fol25 lowing:
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1 ‘‘(1) An analysis of the relationship between each

2 of the essential components of reading instruction and

3 overall reading proficiency.

4 ‘‘(2) An analysis of whether assessment tools

5 used by States and local educational agencies measure

6 the essential components of reading instruction.

7 ‘‘(3) An analysis of how State reading standards

8 correlate with the essential components of reading in9 struction.

10 ‘‘(4) An analysis of whether the receipt of a dis11 cretionary grant under this subpart results in an in12 crease in the number of children who read pro13 ficiently.

14 ‘‘(5) A measurement of the extent to which spe15 cific instructional materials improve reading pro16 ficiency.

17 ‘‘(6) A measurement of the extent to which spe18 cific rigorous diagnostic reading and screening assess19 ment tools assist teachers in identifying specific read20 ing deficiencies.

21 ‘‘(7) A measurement of the extent to which pro22 fessional development programs implemented by

23 States using funds received under this subpart im24 prove reading instruction.
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1 ‘‘(8) A measurement of how well students pre2 paring to enter the teaching profession are prepared

3 to teach the essential components of reading instruc4 tion.

5 ‘‘(9) An analysis of changes in students’ interest

6 in reading and time spent reading outside of school.

7 ‘‘(10) Any other analysis or measurement perti8 nent to this subpart that is determined to be appro9 priate by the Secretary.

10 ‘‘(d) PROGRAM IMPROVEMENT.—The findings of the

11 evaluation conducted under this section shall be provided

12 to States and local educational agencies on a periodic basis

13 for use in program improvement.

14 ‘‘SEC. 1228. INFORMATION DISSEMINATION.

15 ‘‘(a) IN GENERAL.—From funds reserved under section

16 1226(2), the National Institute for Literacy, in collabora17 tion with the Departments of Education and Health and

18 Human Services, including the National Institute for Child

19 Health and Human Development, shall—

20 ‘‘(1) disseminate information on scientifically

21 based reading research pertaining to children, youth,

22 and adults;

23 ‘‘(2) identify and disseminate information about

24 schools, local educational agencies, and States that ef25 fectively developed and implemented reading pro-
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1 grams that meet the requirements of this subpart, in2 cluding those effective States, local educational agen3 cies, and schools identified through the evaluation and

4 peer review provisions of this subpart; and

5 ‘‘(3) support the continued identification of sci6 entifically based reading research that can lead to im7 proved reading outcomes for children, youth, and

8 adults through evidenced-based assessments of the sci9 entific research literature.

10 ‘‘(b) DISSEMINATION AND COORDINATION.—At a min11 imum, the National Institute for Literacy shall disseminate

12 such information to recipients of Federal financial assist13 ance under titles I and III, the Head Start Act, the Individ14 uals With Disabilities Education Act, and the Adult Edu15 cation and Family Literacy Act. In carrying out this sec16 tion, the National Institute for Literacy shall, to the extent

17 practicable, utilize existing information and dissemination

18 networks developed and maintained through other public

19 and private entities including through the Department and

20 the National Center for Family Literacy.

21 ‘‘(c) USE OF FUNDS.—The National Institute for Lit22 eracy may use not more than 5 percent of the funds made

23 available under section 1226(2) for administrative purposes

24 directly related to carrying out of activities authorized by

25 this section.
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1 ‘‘SEC. 1229. IMPROVING LITERACY THROUGH SCHOOL LI2 BRARIES.

3 ‘‘(a) IN GENERAL.—From funds made available under

4 subsection (d) for a fiscal year, the Secretary shall allot to

5 each State educational agency having an application ap6 proved under subsection (c)(1) an amount that bears the

7 same relation to the funds as the amount the State edu8 cational agency received under part A for the preceding fis9 cal year bears to the amount all such State educational

10 agencies received under part A for the preceding fiscal year,

11 to increase literacy and reading skills by improving school

12 libraries.

13 ‘‘(b) WITHIN-STATE ALLOCATIONS.—Each State edu14 cational agency receiving an allotment under subsection (a)

15 for a fiscal year—

16 ‘‘(1) may reserve not more than 3 percent to pro17 vide technical assistance, disseminate information

18 about school library media programs that are effective

19 and based on scientifically based research, and pay

20 administrative costs, related to activities under this

21 section; and

22 ‘‘(2) shall allocate the allotted funds that remain

23 after making the reservation under paragraph (1) to

24 each local educational agency in the State having an

25 application approved under subsection (c)(2) (for ac26 tivities described in subsection (f)) in an amount that
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1 bears the same relation to such remainder as the

2 amount the local educational agency received under

3 part A for the fiscal year bears to the amount received

4 by all such local educational agencies in the State for

5 the fiscal year.

6 ‘‘(c) APPLICATIONS.—

7 ‘‘(1) STATE EDUCATIONAL AGENCY.—Each State

8 educational agency desiring assistance under this sec9 tion shall submit to the Secretary an application at

10 such time, in such manner, and containing such in11 formation as the Secretary shall require. The applica12 tion shall contain a description of—

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

14 assist local educational agencies in meeting the

15 requirements of this section and in using sci16 entifically based research to implement effective

17 school library media programs; and

18 ‘‘(B) the standards and techniques the State

19 educational agency will use to evaluate the qual20 ity and impact of activities carried out under

21 this section by local educational agencies to de22 termine the need for technical assistance and

23 whether to continue funding the agencies under

24 this section.
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1 ‘‘(2) LOCAL EDUCATIONAL AGENCY.—Each local

2 educational agency desiring assistance under this sec3 tion shall submit to the State educational agency an

4 application at such time, in such manner, and con5 taining such information as the State educational

6 agency shall require. The application shall contain a

7 description of—

8 ‘‘(A) a needs assessment relating to the need

9 for school library media improvement, based on

10 the age and condition of school library media re11 sources, including book collections, access of

12 school library media centers to advanced tech13 nology, and the availability of well-trained, pro14 fessionally certified school library media special15 ists, in schools served by the local educational

16 agency;

17 ‘‘(B) how the local educational agency will

18 extensively involve school library media special19 ists, teachers, administrators, and parents in the

20 activities assisted under this section, and the

21 manner in which the local educational agency

22 will carry out the activities described in sub23 section (f) using programs and materials that

24 are grounded in scientifically based research;
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1 ‘‘(C) the manner in which the local edu2 cational agency will effectively coordinate the

3 funds and activities provided under this section

4 with Federal, State, and local funds and activi5 ties under this subpart and other literacy, li6 brary, technology, and professional development

7 funds and activities; and

8 ‘‘(D) the manner in which the local edu9 cational agency will collect and analyze data on

10 the quality and impact of activities carried out

11 under this section by schools served by the local

12 educational agency.

13 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There

14 are authorized to be appropriated to carry out this section

15 $500,000,000 for fiscal year 2002 and such sums as may

16 be necessary for each of the 6 succeeding fiscal years.

17 ‘‘(e) WITHIN-LEA DISTRIBUTION.—Each local edu18 cational agency receiving funds under this section shall

19 distribute—

20 ‘‘(1) 50 percent of the funds to schools served by

21 the local educational agency that are in the top quar22 tile in terms of percentage of students enrolled from

23 families with incomes below the poverty line; and

24 ‘‘(2) 50 percent of the funds to schools that have

25 the greatest need for school library media improve-
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1 ment based on the needs assessment described in sub2 section (c)(2)(A).

3 ‘‘(f) LOCAL ACTIVITIES.—Funds under this section

4 may be used to—

5 ‘‘(1) acquire up-to-date school library media re6 sources, including books;

7 ‘‘(2) acquire and utilize advanced technology, in8 corporated into the curricula of the school, to develop

9 and enhance the information literacy, information re10 trieval, and critical thinking skills of students;

11 ‘‘(3) facilitate Internet links and other resource12 sharing networks among schools and school library

13 media centers, and public and academic libraries,

14 where possible;

15 ‘‘(4) provide professional development described

16 in 1222(c)(7)(D) for school library media specialists,

17 and activities that foster increased collaboration be18 tween school library media specialists, teachers, and

19 administrators; and

20 ‘‘(5) provide students with access to school li21 braries during nonschool hours, including the hours

22 before and after school, during weekends, and during

23 summer vacation periods.

24 ‘‘(g) ACCOUNTABILITY AND CONTINUATION OF

25 FUNDS.—Each local educational agency that receives fund-
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1 ing under this section for a fiscal year shall be eligible to

2 continue to receive the funding for a third or subsequent

3 fiscal year only if the local educational agency demonstrates

4 to the State educational agency that the local educational

5 agency has increased—

6 ‘‘(1) the availability of, and the access to, up-to7 date school library media resources in the elementary

8 schools and secondary schools served by the local edu9 cational agency; and

10 ‘‘(2) the number of well-trained, professionally

11 certified school library media specialists in those

12 schools.

13 ‘‘(h) APPLICABILITY.—The provisions of this subpart

14 (other than this section) shall not apply to this section.

15 ‘‘(i) SUPPLEMENT NOT SUPPLANT.—Funds made

16 available under this section shall be used to supplement and

17 not supplant other Federal, State, and local funds expended

18 to carry out activities relating to library, technology, or

19 professional development activities.

20 ‘‘(j) NATIONAL ACTIVITIES.—From the total amount

21 made available under subsection (d) for each fiscal year,

22 the Secretary shall reserve not more than 1 percent for an23 nual, independent, national evaluations of the activities as24 sisted under this section. The evaluations shall be conducted

25 not later than 3 years after the date of enactment of the
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1 Better Education for Students and Teachers Act, and each

2 year thereafter.

3 ‘‘SEC. 1230. DEFINITIONS.

4 ‘‘For purposes of this subpart:

5 ‘‘(1) ELIGIBLE PROFESSIONAL DEVELOPMENT

6 PROVIDER.—The term ‘eligible professional develop7 ment provider’ means a provider of professional devel8 opment in reading instruction to teachers that is

9 based on scientifically based reading research.

10 ‘‘(2) INSTRUCTIONAL STAFF.—The term ‘instruc11 tional staff’—

12 ‘‘(A) means individuals who have responsi13 bility for teaching children to read; and

14 ‘‘(B) includes principals, teachers, super15 visors of instruction, librarians, library school

16 media specialists, teachers of academic subjects

17 other than reading, and other individuals who

18 have responsibility for assisting children to learn

19 to read.

20 ‘‘(3) MAJOR COMPONENTS OF READING INSTRUC21 TION.—The term ‘major components of reading in22 struction’ means systematic instruction that

23 includes—

24 ‘‘(A) phonemic awareness;

25 ‘‘(B) phonics;
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1 ‘‘(C) vocabulary development;

2 ‘‘(D) reading fluency; and

3 ‘‘(E) reading comprehension strategies.

4 ‘‘(4) READING.—The term ‘reading’ means a

5 complex system of deriving meaning from print that

6 requires all of the following:

7 ‘‘(A) The skills and knowledge to under8 stand how phonemes, or speech sounds, are con9 nected to print.

10 ‘‘(B) The ability to decode unfamiliar

11 words.

12 ‘‘(C) The ability to read fluently.

13 ‘‘(D) Sufficient background information

14 and vocabulary to foster reading comprehension.

15 ‘‘(E) The development of appropriate active

16 strategies to construct meaning from print.

17 ‘‘(F) The development and maintenance of a

18 motivation to read.

19 ‘‘(5) RIGOROUS DIAGNOSTIC READING ASSESS20 MENT.—The term ‘rigorous diagnostic reading assess21 ment’ means a diagnostic reading assessment that—

22 ‘‘(A) is valid, reliable, and grounded in sci23 entifically based reading research;
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1 ‘‘(B) measures progress in phonemic aware2 ness and phonics, vocabulary development, read3 ing fluency, or reading comprehension; and

4 ‘‘(C) identifies students who may be at risk

5 for reading failure or who are having difficulty

6 reading.

7 ‘‘(6) SCIENTIFICALLY BASED READING RE8 SEARCH.—The term ‘scientifically based reading

9 research’—

10 ‘‘(A) means research that applies rigorous,

11 systematic, and objective procedures to obtain

12 valid knowledge relevant to reading development,

13 reading instruction, and reading difficulties; and

14 ‘‘(B) shall include research that—

15 ‘‘(i) employs systematic, empirical

16 methods that draw on observation or experi17 ment;

18 ‘‘(ii) involves rigorous data analyses

19 that are adequate to test the stated

20 hypotheses and justify the general conclu21 sions drawn;

22 ‘‘(iii) relies on measurements or obser23 vational methods that provide valid data

24 across evaluators and observers and across
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1 multiple measurements and observations;

2 and

3 ‘‘(iv) has been accepted by a peer-re4 viewed journal or approved by a panel of

5 independent experts through a comparably

6 rigorous, objective, and scientific review.’’.

7 SEC. 122. EARLY READING INITIATIVE.

8 Part B of title I (20 U.S.C. 6361 et seq.) is amended

9 further by adding at the end the following:

10 ‘‘Subpart 3—Early Reading First

11 ‘‘SEC. 1241. PURPOSES.

12 ‘‘The purposes of this subpart are as follows:

13 ‘‘(1) To support local efforts to enhance the early

14 language, literacy, and prereading development of

15 preschool age children, particularly those from low-in16 come families, through strategies and professional de17 velopment that are based on scientifically based re18 search.

19 ‘‘(2) To provide preschool age children with cog20 nitive learning opportunities in high-quality lan21 guage and literature-rich environments, so that the

22 children can attain the fundamental knowledge and

23 skills necessary for optimal reading development in

24 kindergarten and beyond.
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1 ‘‘(3) To demonstrate language and literacy ac2 tivities based on scientifically based research that

3 support the age-appropriate development of—

4 ‘‘(A) spoken language and oral comprehen5 sion abilities;

6 ‘‘(B) understanding that spoken language

7 can be analyzed into discrete words, and aware8 ness that words can be broken into sequences of

9 syllables and phonemes;

10 ‘‘(C) automatic recognition of letters of the

11 alphabet and understanding that letters or

12 groups of letters systematically represent the

13 component sounds of the language; and

14 ‘‘(D) knowledge of the purposes and conven15 tions of print.

16 ‘‘(4) To integrate these learning opportunities

17 with learning opportunities at preschools, child care

18 agencies, and Head Start agencies, and with family

19 literacy services.

20 ‘‘SEC. 1242. LOCAL EARLY READING FIRST GRANTS.

21 ‘‘(a) PROGRAM AUTHORIZED.—From amounts appro22 priated under section 1002(b)(3), the Secretary shall award

23 grants, on a competitive basis, for periods of not more than

24 5 years, to eligible applicants to enable the eligible appli-
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1 cants to carry out the authorized activities described in sub2 section (e).

3 ‘‘(b) DEFINITION OF ELIGIBLE APPLICANT.—In this

4 subpart the term ‘eligible applicant’ means—

5 ‘‘(1) one or more local educational agencies that

6 are eligible to receive a subgrant under subpart 2;

7 ‘‘(2) one or more public or private organizations

8 or agencies, acting on behalf of 1 or more programs

9 that serve preschool age children (such as a program

10 at a Head Start center, a child care program, or a

11 family literacy program), which organizations or

12 agencies shall be located in a community served by a

13 local educational agency described in paragraph (1);

14 or

15 ‘‘(3) one or more local educational agencies de16 scribed in paragraph (1) in collaboration with one or

17 more organizations or agencies described in para18 graph (2).

19 ‘‘(c) APPLICATIONS.—An eligible applicant that de20 sires to receive a grant under this section shall submit an

21 application to the Secretary which shall include a descrip22 tion of—

23 ‘‘(1) the programs to be served by the proposed

24 project, including demographic and socioeconomic in-
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1 formation on the preschool age children enrolled in

2 the programs;

3 ‘‘(2) how the proposed project will prepare and

4 provide ongoing assistance to staff in the programs,

5 through professional development and other support,

6 to provide high-quality language, literacy and

7 prereading activities using scientifically based re8 search, for preschool age children;

9 ‘‘(3) how the proposed project will provide serv10 ices and utilize materials that are based on scientif11 ically based research on early language acquisition,

12 prereading activities, and the development of spoken

13 language skills;

14 ‘‘(4) how the proposed project will help staff in

15 the programs to meet the diverse needs of preschool

16 age children in the community better, including such

17 children with limited English proficiency, disabilities,

18 or other special needs;

19 ‘‘(5) how the proposed project will help preschool

20 age children, particularly such children experiencing

21 difficulty with spoken language, prereading, and lit22 eracy skills, to make the transition from preschool to

23 formal classroom instruction in school;

24 ‘‘(6) if the eligible applicant has received a

25 subgrant under subpart 2, how the activities con-
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1 ducted under this subpart will be coordinated with

2 the eligible applicant’s activities under subpart 2 at

3 the kindergarten through third-grade level;

4 ‘‘(7) how the proposed project will evaluate the

5 success of the activities supported under this subpart

6 in enhancing the early language, literacy, and

7 prereading development of preschool age children

8 served by the project; and

9 ‘‘(8) such other information as the Secretary

10 may require.

11 ‘‘(d) APPROVAL OF APPLICATIONS.—The Secretary

12 shall select applicants for funding under this subpart on

13 the basis of the quality of the applications, in consultation

14 with the National Institute for Child Health and Human

15 Development, the National Institute for Literacy, and the

16 National Academy of Sciences. The Secretary shall select

17 applications for approval under this subpart on the basis

18 of a peer review process.

19 ‘‘(e) AUTHORIZED ACTIVITIES.— An eligible applicant

20 that receives a grant under this subpart shall use the funds

21 provided under the grant to carry out the following activi22 ties:

23 ‘‘(A) Providing preschool age children with

24 high-quality oral language and literature-rich
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1 environments in which to acquire language and

2 prereading skills.

3 ‘‘(B) Providing professional development

4 that is based on scientifically based research

5 knowledge of early language and reading devel6 opment for the staff of the eligible applicant and

7 that will assist in developing the preschool age

8 children’s—

9 ‘‘(i) spoken language (including vocab10 ulary, the contextual use of speech, and syn11 tax) and oral comprehension abilities;

12 ‘‘(ii) understanding that spoken lan13 guage can be analyzed into discrete words,

14 and awareness that words can be broken

15 into sequences of syllables and phonemes;

16 ‘‘(iii) automatic recognition of letters

17 of the alphabet and understanding that let18 ters or groups of letters systematically rep19 resent the component sounds of the lan20 guage; and

21 ‘‘(iv) knowledge of the purposes and

22 conventions of print.

23 ‘‘(C) Identifying and providing activities

24 and instructional materials that are based on

25 scientifically based research for use in developing
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1 the skills and abilities described in subparagraph

2 (B).

3 ‘‘(D) Acquiring, providing training for, and

4 implementing screening tools or other appro5 priate measures that are based on scientifically

6 based research to determine whether preschool

7 age children are developing the skills described in

8 this subsection.

9 ‘‘(E) Integrating such instructional mate10 rials, activities, tools, and measures into the pro11 grams offered by the eligible applicant.

12 ‘‘(f) AWARD AMOUNTS.—The Secretary may establish

13 a maximum award amount, or ranges of award amounts,

14 for grants under this subpart.

15 ‘‘SEC. 1243. FEDERAL ADMINISTRATION.

16 ‘‘The Secretary shall consult with the Secretary of

17 Health and Human Services in order to coordinate the ac18 tivities undertaken under this subpart with preschool age

19 programs administered by the Department of Health and

20 Human Services.

21 ‘‘SEC. 1244. INFORMATION DISSEMINATION.

22 ‘‘From the funds the National Institute for Literacy

23 receives under section 1228, the National Institute for Lit24 eracy, in consultation with the Secretary, shall disseminate
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1 information regarding projects assisted under this subpart

2 that have proven effective.

3 ‘‘SEC. 1245. REPORTING REQUIREMENTS.

4 ‘‘Each eligible applicant receiving a grant under this

5 subpart shall report annually to the Secretary regarding

6 the eligible applicant’s progress in addressing the purposes

7 of this subpart. Such report shall include, at a minimum,

8 a description of—

9 ‘‘(1) the activities, materials, tools, and measures

10 used by the eligible applicant;

11 ‘‘(2) the professional development activities of12 fered to the staff of the eligible applicant who serve

13 preschool age children and the amount of such profes14 sional development;

15 ‘‘(3) the types of programs and ages of children

16 served; and

17 ‘‘(4) the results of the evaluation described in sec18 tion 1242(c)(7).

19 ‘‘SEC. 1246. EVALUATIONS.

20 ‘‘From the total amount appropriated under section

21 1002(b)(3) for the period beginning October 1, 2002 and

22 ending September 30, 2008, the Secretary shall reserve not

23 more than $5,000,000 to conduct an independent evaluation

24 of the effectiveness of this subpart.
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1 ‘‘SEC. 1247. ADDITIONAL RESEARCH.

2 ‘‘From the amount appropriated under section

3 1002(b)(3) for each of the fiscal years 2002 through 2006,

4 the Secretary shall reserve not more than $3,000,000 to con5 duct, in consultation with National Institute for Child

6 Health and Human Development, the National Institute for

7 Literacy, and the Department of Health and Human Serv8 ices, additional research on language and literacy develop9 ment for preschool age children.’’.

10 PART C—EDUCATION OF MIGRATORY CHILDREN

11 SEC. 131. PROGRAM PURPOSE.

12 Section 1301 (20 U.S.C. 6391) is amended—

13 (1) by redesignating paragraphs (2) through (5)

14 as paragraphs (3) through (7), respectively;

15 (2) by inserting after paragraph (1) the fol16 lowing:

17 ‘‘(2) ensure that migratory children who move

18 among the States are not penalized in any manner

19 by disparities among the States in curriculum, grad20 uation requirements, and State student performance

21 and content standards;’’;

22 (3) in paragraph (5) (as so redesignated), by

23 striking ‘‘and’’ after the semicolon;

24 (4) in paragraph (6) (as so redesignated), by

25 striking the period and inserting ‘‘; and’’; and

26 (5) by adding at the end the following:
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1 ‘‘(7) ensure that migratory children receive full

2 and appropriate opportunities to meet the same chal3 lenging State content and student performance stand4 ards that all children are expected to meet.’’.

5 SEC. 132. STATE APPLICATION.

6 Section 1304 (20 U.S.C. 6394) is amended—

7 (1) in subsection (b)—

8 (A) in paragraph (1), by striking ‘‘a com9 prehensive’’ and all that follows through ‘‘1306;’’

10 and inserting ‘‘the full range of services that are

11 available for migratory children from appro12 priate local, State, and Federal educational pro13 grams;’’;

14 (B) by redesignating paragraphs (2)

15 through (6) as paragraphs (3) through (7), re16 spectively; and

17 (C) by inserting after paragraph (1) the fol18 lowing:

19 ‘‘(2) a description of joint planning efforts that

20 will be made with respect to programs assisted under

21 this Act, local, State, and Federal programs, and bi22 lingual education programs under subpart 1 of part

23 A of title III;’’; and

24 (2) in subsection (c), by amending paragraph

25 (3) to read as follows:
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1 ‘‘(3) in the planning and operation of programs

2 and projects at both the State and local agency oper3 ating level there is consultation with parent advisory

4 councils for programs of one school year in duration,

5 and that all such programs and projects are carried

6 out—

7 ‘‘(A) in a manner consistent with section

8 1118 unless extraordinary circumstances make

9 implementation with such section impractical;

10 and

11 ‘‘(B) in a format and language understand12 able to the parents;’’.

13 SEC. 133. COMPREHENSIVE PLAN.

14 (a) COMPREHENSIVE PLAN.—Section 1306(a)(1) (20

15 U.S.C. 6396(a)(1)) is amended—

16 (1) in subparagraph (A)—

17 (A) by striking ‘‘the Goals 2000: Educate

18 America Act,’’; and

19 (B) by striking ‘‘14306’’ and inserting

20 ‘‘5506’’; and

21 (2) in subparagraph (B), by striking ‘‘14302;’’

22 and inserting ‘‘5502, if—

23 ‘‘(i) the special needs of migratory

24 children are specifically addressed in the

25 comprehensive State plan;
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1 ‘‘(ii) the comprehensive State plan is

2 developed in collaboration with parents of

3 migratory children; and

4 ‘‘(iii) the comprehensive State plan5 ning is not used to supplant State efforts

6 regarding, or administrative funding for,

7 this part;’’.

8 (b) AUTHORIZED ACTIVITIES.—Section 1306(b)(3) (20

9 U.S.C. 6396(b)(3)) is amended by inserting ‘‘, and shall

10 meet the special educational needs of migrant children be11 fore using funds under this part for schoolwide programs

12 under section 1114’’ before the period.

13 SEC. 134. COORDINATION.

14 Section 1308 (20 U.S.C. 6398) is amended—

15 (1) by amending subsection (b) to read as fol16 lows:

17 ‘‘(b) ACCESS TO INFORMATION ON MIGRANT STU18 DENTS.—

19 ‘‘(1) INFORMATION SYSTEM.—(A) The Secretary

20 shall establish an information system for electroni21 cally exchanging, among the States, health and edu22 cational information regarding all students served

23 under this part. Such information may include—

24 ‘‘(i) immunization records and other health

25 information;
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1 ‘‘(ii) elementary and secondary academic

2 history (including partial credit), credit accrual,

3 and results from State assessments required

4 under this title;

5 ‘‘(iii) other academic information essential

6 to ensuring that migrant children achieve to

7 high standards; and

8 ‘‘(iv) eligibility for services under the Indi9 viduals with Disabilities Education Act.

10 ‘‘(B) The Secretary shall publish, not later than

11 120 days after the date of enactment of the Better

12 Education for Students and Teachers Act, a notice in

13 the Federal Register seeking public comment on the

14 proposed data elements that each State receiving

15 funds under this part shall be required to collect for

16 purposes of electronic transfer of migrant student in17 formation, the requirements for immediate electronic

18 access to such information, and the educational agen19 cies eligible to access such information.

20 ‘‘(C) Such system of electronic access to migrant

21 student information shall be operational not later

22 than 1 year after the date of enactment of the Better

23 Education for Students and Teachers Act.

24 ‘‘(D) For the purpose of carrying out this sub25 section in any fiscal year, the Secretary shall reserve
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1 not more than $10,000,000 of the amount appro2 priated to carry out this part for such year.

3 ‘‘(2) REPORT TO CONGRESS.—(A) Not later than

4 April 30, 2003, the Secretary shall report to the Com5 mittee on Health, Education, Labor, and Pensions of

6 the Senate and the Committee on Education and the

7 Workforce of the House of Representatives the Sec8 retary’s findings and recommendations regarding

9 services under this part, and shall include in this re10 port, recommendations for the interim measures that

11 may be taken to ensure continuity of services under

12 this part.

13 ‘‘(B) The Secretary shall assist States in devel14 oping effective methods for the transfer of student

15 records and in determining the number of students or

16 full-time equivalent students in each State if such in17 terim measures are required.’’.

18 (2) in subsection (c), by striking ‘‘$6,000,000’’

19 and inserting ‘‘$10,000,000’’;

20 (3) in subsection (d)(1), by striking

21 ‘‘$1,500,000’’ and inserting ‘‘$3,000,000’’; and

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

23 ‘‘(e) DATA COLLECTION.—The Secretary shall direct

24 the National Center for Education Statistics to collect data

25 on migratory children.’’.
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1 PART D—INITIATIVES FOR NEGLECTED,

2 DELINQUENT, OR AT RISK YOUTH

3 SEC. 141. INITIATIVES FOR NEGLECTED, DELINQUENT, OR

4 AT RISK YOUTH.

5 Part D of title I (20 U.S.C. 6421 et seq.) is amended

6 to read as follows:

7 ‘‘PART D—INITIATIVES FOR NEGLECTED,

8 DELINQUENT, OR AT RISK STUDENTS

9 ‘‘Subpart 1—Prevention and Intervention Programs

10 for Children and Youth Who Are Neglected, De11 linquent, or at Risk of Dropping Out

12 ‘‘SEC. 1401. PURPOSE; PROGRAM AUTHORIZED.

13 ‘‘(a) PURPOSE.—It is the purpose of this subpart—

14 ‘‘(1) to improve educational services for children

15 in local and State institutions for neglected or delin16 quent children and youth so that such children and

17 youth have the opportunity to meet the same chal18 lenging State content standards and challenging State

19 student performance standards that all children in

20 the State are expected to meet;

21 ‘‘(2) to provide such children and youth with the

22 services needed to make a successful transition from

23 institutionalization to further schooling or employ24 ment; and

25 ‘‘(3) to prevent at-risk youth from dropping out

26 of school and to provide dropouts and youth returning
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1 from institutions with a support system to ensure

2 their continued education.

3 ‘‘(b) PROGRAM AUTHORIZED.—In order to carry out

4 the purpose of this subpart the Secretary shall make grants

5 to State educational agencies to enable such agencies to

6 award subgrants to State agencies and local educational

7 agencies to establish or improve programs of education for

8 neglected or delinquent children and youth at risk of drop9 ping out of school before graduation.

10 ‘‘SEC. 1402. PAYMENTS FOR PROGRAMS UNDER THIS SUB11 PART.

12 ‘‘(a) AGENCY SUBGRANTS.—Based on the allocation

13 amount computed under section 1412, the Secretary shall

14 allocate to each State educational agency amounts nec15 essary to make subgrants to State agencies under chapter

16 1.

17 ‘‘(b) LOCAL SUBGRANTS.—Each State shall retain, for

18 purposes of carrying out chapter 2, funds generated

19 throughout the State under part A of title I based on youth

20 residing in local correctional facilities, or attending com21 munity day programs for delinquent children and youth.
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1 ‘‘Chapter 1—State Agency Programs

2 ‘‘SEC. 1411. ELIGIBILITY.

3 ‘‘A State agency is eligible for assistance under this

4 chapter if such State agency is responsible for providing

5 free public education for children—

6 ‘‘(1) in institutions for neglected or delinquent

7 children and youth;

8 ‘‘(2) attending community day programs for ne9 glected or delinquent children and youth; or

10 ‘‘(3) in adult correctional institutions.

11 ‘‘SEC. 1412. ALLOCATION OF FUNDS.

12 ‘‘(a) SUBGRANTS TO STATE AGENCIES.—

13 ‘‘(1) IN GENERAL.—Each State agency described

14 in section 1411 (other than an agency in the Com15 monwealth of Puerto Rico) is eligible to receive a

16 subgrant under this chapter, for each fiscal year, an

17 amount equal to the product of—

18 ‘‘(A) the number of neglected or delinquent

19 children and youth described in section 1411

20 who—

21 ‘‘(i) are enrolled for at least 15 hours

22 per week in education programs in adult

23 correctional institutions; and

24 ‘‘(ii) are enrolled for at least 20 hours

25 per week—
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1 ‘‘(I) in education programs in in2 stitutions for neglected or delinquent

3 children and youth; or

4 ‘‘(II) in community day programs

5 for neglected or delinquent children

6 and youth; and

7 ‘‘(B) 40 percent of the average per-pupil ex8 penditure in the State, except that the amount

9 determined under this subparagraph shall not be

10 less than 32 percent, nor more than 48 percent,

11 of the average per-pupil expenditure in the

12 United States.

13 ‘‘(2) SPECIAL RULE.—The number of neglected

14 or delinquent children and youth determined under

15 paragraph (1) shall—

16 ‘‘(A) be determined by the State agency by

17 a deadline set by the Secretary, except that no

18 State agency shall be required to determine the

19 number of such children and youth on a specific

20 date set by the Secretary; and

21 ‘‘(B) be adjusted, as the Secretary deter22 mines is appropriate, to reflect the relative

23 length of such agency’s annual programs.

24 ‘‘(b) SUBGRANTS TO STATE AGENCIES IN PUERTO

25 RICO.—For each fiscal year, the amount of the subgrant
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1 for which a State agency in the Commonwealth of Puerto

2 Rico is eligible under this chapter shall be equal to—

3 ‘‘(1) the number of children and youth counted

4 under subsection (a)(1)(A) for the Commonwealth of

5 Puerto Rico; multiplied by

6 ‘‘(2) the product of—

7 ‘‘(A) the percentage that the average per8 pupil expenditure in the Commonwealth of Puer9 to Rico is of the lowest average per-pupil expend10 iture of any of the 50 States; and

11 ‘‘(B) 32 percent of the average per-pupil ex12 penditure in the United States.

13 ‘‘(c) RATABLE REDUCTIONS IN CASE OF INSUFFICIENT

14 APPROPRIATIONS.—If the amount appropriated for any fis15 cal year for subgrants under subsections (a) and (b) is in16 sufficient to pay the full amount for which all State agen17 cies are eligible under such subsections, the Secretary shall

18 ratably reduce each such amount.

19 ‘‘SEC. 1413. STATE REALLOCATION OF FUNDS.

20 ‘‘If a State educational agency determines that a State

21 agency does not need the full amount of the subgrant for

22 which such State agency is eligible under this chapter for

23 any fiscal year, the State educational agency may reallocate

24 the amount that will not be needed to other eligible State

25 agencies that need additional funds to carry out the purpose
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1 of this subpart, in such amounts as the State educational

2 agency shall determine.

3 ‘‘SEC. 1414. STATE PLAN AND STATE AGENCY APPLICA4 TIONS.

5 ‘‘(a) STATE PLAN.—

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

7 agency that desires to receive a grant under this

8 chapter shall submit, for approval by the Secretary,

9 a plan for meeting the needs of neglected and delin10 quent children and youth and, where applicable, chil11 dren and youth at risk of dropping out of school, that

12 is integrated with other programs under this Act, or

13 other Acts, as appropriate, consistent with section

14 5506.

15 ‘‘(2) CONTENTS.—Each such State plan shall—

16 ‘‘(A) describe the program goals, objectives,

17 and performance measures established by the

18 State that will be used to assess the effectiveness

19 of the program in improving academic and voca20 tional skills of children in the program;

21 ‘‘(B) provide that, to the extent feasible,

22 such children will have the same opportunities to

23 learn as such children would have if such chil24 dren were in the schools of local educational

25 agencies in the State; and
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1 ‘‘(C) contain assurances that the State edu2 cational agency will—

3 ‘‘(i) ensure that programs assisted

4 under this subpart will be carried out in ac5 cordance with the State plan described in

6 this subsection;

7 ‘‘(ii) carry out the evaluation require8 ments of section 1431;

9 ‘‘(iii) ensure that the State agencies re10 ceiving subgrants under this chapter comply

11 with all applicable statutory and regulatory

12 requirements; and

13 ‘‘(iv) provide such other information as

14 the Secretary may reasonably require.

15 ‘‘(3) DURATION OF THE PLAN.—Each State plan

16 shall—

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

18 State’s participation under this subpart; and

19 ‘‘(B) be periodically reviewed and revised

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

21 the State’s strategies and programs under this

22 subpart.

23 ‘‘(b) SECRETARIAL APPROVAL; PEER REVIEW.—
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1 ‘‘(1) IN GENERAL.—The Secretary shall approve

2 each State plan that meets the requirements of this

3 part.

4 ‘‘(2) PEER REVIEW.—The Secretary may review

5 any State plan with the assistance and advice of in6 dividuals with relevant expertise.

7 ‘‘(c) STATE AGENCY APPLICATIONS.—Any State agen8 cy that desires to receive funds to carry out a program

9 under this chapter shall submit an application to the State

10 educational agency that—

11 ‘‘(1) describes the procedures to be used, con12 sistent with the State plan under section 1111, to as13 sess the educational needs of the children to be served;

14 ‘‘(2) provides assurances that in making services

15 available to youth in adult correctional institutions,

16 priority will be given to such youth who are likely to

17 complete incarceration within a 2-year period;

18 ‘‘(3) describes the program, including a budget

19 for the first year of the program, with annual updates

20 to be provided to the State educational agency;

21 ‘‘(4) describes how the program will meet the

22 goals and objectives of the State plan;

23 ‘‘(5) describes how the State agency will consult

24 with experts and provide the necessary training for

25 appropriate staff, to ensure that the planning and op-
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1 eration of institution-wide projects under section 1416

2 are of high quality;

3 ‘‘(6) describes how the agency will carry out

4 evaluation activities and how the results of the most

5 recent evaluation are used to plan and improve the

6 program;

7 ‘‘(7) includes data showing that the agency has

8 maintained the fiscal effort required of a local edu9 cational agency, in accordance with section 4;

10 ‘‘(8) describes how the programs will be coordi11 nated with other appropriate State and Federal pro12 grams, such as programs under title I of the Work13 force Investment Act of 1998, vocational education

14 programs, State and local dropout prevention pro15 grams, and special education programs;

16 ‘‘(9) describes how appropriate professional de17 velopment will be provided to teachers and other staff;

18 ‘‘(10) designates an individual in each affected

19 institution to be responsible for issues relating to the

20 transition of children and youth from the institution

21 to locally operated programs;

22 ‘‘(11) describes how the agency will, endeavor to

23 coordinate with businesses for training and men24 toring for participating children and youth;
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1 ‘‘(12) provides assurances that the agency will

2 assist in locating alternative programs through which

3 students can continue their education if students are

4 not returning to school after leaving the correctional

5 facility;

6 ‘‘(13) provides assurances that the agency will

7 work with parents to secure parents’ assistance in im8 proving the educational achievement of their children

9 and preventing their children’s further involvement in

10 delinquent activities;

11 ‘‘(14) provides assurances that the agency works

12 with special education youth in order to meet an ex13 isting individualized education program and an as14 surance that the agency will notify the youth’s local

15 school if the youth—

16 ‘‘(A) is identified as in need of special edu17 cation services while the youth is in the facility;

18 and

19 ‘‘(B) intends to return to the local school;

20 ‘‘(15) provides assurances that the agency will

21 work with youth who dropped out of school before en22 tering the facility to encourage the youth to reenter

23 school once the term of the youth has been completed

24 or provide the youth with the skills necessary to gain

25 employment, continue the education of the youth, or
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1 achieve a secondary school diploma or its recognized

2 equivalent if the youth does not intend to return to

3 school;

4 ‘‘(16) provides assurances that teachers and other

5 qualified staff are also trained to work with children

6 with disabilities and other students with special needs

7 taking into consideration the unique needs of such

8 students;

9 ‘‘(17) describes any additional services provided

10 to children and youth, such as career counseling, and

11 assistance in securing student loans and grants; and

12 ‘‘(18) provides assurances that the program

13 under this chapter will be coordinated with any pro14 grams operated under the Juvenile Justice and Delin15 quency Prevention Act of 1974 or other comparable

16 programs, if applicable.

17 ‘‘SEC. 1415. USE OF FUNDS.

18 ‘‘(a) USES.—

19 ‘‘(1) IN GENERAL.—A State agency shall use

20 funds received under this chapter only for programs

21 and projects that—

22 ‘‘(A) are consistent with the State plan

23 under section 1414(a); and

24 ‘‘(B) concentrate on providing participants

25 with the knowledge and skills needed to make a
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1 successful transition to secondary school comple2 tion, further education, or employment.

3 ‘‘(2) PROGRAMS AND PROJECTS.—Such programs

4 and projects—

5 ‘‘(A) may include the acquisition of equip6 ment;

7 ‘‘(B) shall be designed to support edu8 cational services that—

9 ‘‘(i) except for institution-wide projects

10 under section 1416, are provided to children

11 and youth identified by the State agency as

12 failing, or most at risk of failing, to meet

13 the State’s challenging State content stand14 ards and challenging State student perform15 ance standards;

16 ‘‘(ii) supplement and improve the

17 quality of the educational services provided

18 to such children and youth by the State

19 agency; and

20 ‘‘(iii) afford such children and youth

21 an opportunity to learn to such challenging

22 State standards;

23 ‘‘(C) shall be carried out in a manner con24 sistent with section 1120A and part H of title I;

25 and
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1 ‘‘(D) may include the costs of evaluation ac2 tivities.

3 ‘‘(b) SUPPLEMENT, NOT SUPPLANT.—A program

4 under this chapter that supplements the number of hours

5 of instruction students receive from State and local sources

6 shall be considered to comply with the supplement, not sup7 plant requirement of section 1120A without regard to the

8 subject areas in which instruction is given during those

9 hours.

10 ‘‘SEC. 1416. INSTITUTION-WIDE PROJECTS.

11 ‘‘A State agency that provides free public education

12 for children and youth in an institution for neglected or

13 delinquent children and youth (other than an adult correc14 tional institution) or attending a community-day program

15 for such children may use funds received under this part

16 to serve all children in, and upgrade the entire educational

17 effort of, that institution or program if the State agency

18 has developed, and the State educational agency has ap19 proved, a comprehensive plan for that institution or pro20 gram that—

21 ‘‘(1) provides for a comprehensive assessment of

22 the educational needs of all youth in the institution

23 or program serving juveniles;

24 ‘‘(2) provides for a comprehensive assessment of

25 the educational needs of youth aged 20 and younger
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1 in adult facilities who are expected to complete incar2 ceration within a two-year period;

3 ‘‘(3) describes the steps the State agency has

4 taken, or will take, to provide all youth under age 21

5 with the opportunity to meet challenging State con6 tent standards and challenging State student perform7 ance standards in order to improve the likelihood that

8 the youths will complete secondary school, attain a

9 secondary diploma or its recognized equivalent, or

10 find employment after leaving the institution;

11 ‘‘(4) describes the instructional program, pupil

12 services, and procedures that will be used to meet the

13 needs described in paragraph (1), including, to the

14 extent feasible, the provision of mentors for students;

15 ‘‘(5) specifically describes how such funds will be

16 used;

17 ‘‘(6) describes the measures and procedures that

18 will be used to assess student progress;

19 ‘‘(7) describes how the agency has planned, and

20 will implement and evaluate, the institution-wide or

21 program-wide project in consultation with personnel

22 providing direct instructional services and support

23 services in institutions or community-day programs

24 for neglected or delinquent children and personnel

25 from the State educational agency; and
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1 ‘‘(8) includes an assurance that the State agency

2 has provided for appropriate training for teachers

3 and other instructional and administrative personnel

4 to enable such teachers and personnel to carry out the

5 project effectively.

6 ‘‘SEC. 1417. THREE-YEAR PROGRAMS OR PROJECTS.

7 ‘‘If a State agency operates a program or project under

8 this chapter in which individual children are likely to par9 ticipate for more than 1 year, the State educational agency

10 may approve the State agency’s application for a subgrant

11 under this chapter for a period of not more than 3 years.

12 ‘‘SEC. 1418. TRANSITION SERVICES.

13 ‘‘(a) TRANSITION SERVICES.—Each State agency shall

14 reserve not less than 5 percent and not more than 30 percent

15 of the amount such agency receives under this chapter for

16 any fiscal year to support—

17 ‘‘(1) projects that facilitate the transition of chil18 dren and youth from State-operated institutions to

19 local educational agencies; or

20 ‘‘(2) the successful reentry of youth offenders,

21 who are age 20 or younger and have received a sec22 ondary school diploma or its recognized equivalent,

23 into postsecondary education and vocational training

24 programs through strategies designed to expose the

25 youth to, and prepare the youth for, postsecondary
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1 education and vocational training programs, such

2 as—

3 ‘‘(A) preplacement programs that allow ad4 judicated or incarcerated students to audit or at5 tend courses on college, university, or community

6 college campuses, or through programs provided

7 in institutional settings;

8 ‘‘(B) worksite schools, in which institutions

9 of higher education and private or public em10 ployers partner to create programs to help stu11 dents make a successful transition to postsec12 ondary education and employment;

13 ‘‘(C) essential support services to ensure the

14 success of the youth, such as—

15 ‘‘(i) personal, vocational, and aca16 demic counseling;

17 ‘‘(ii) placement services designed to

18 place the youth in a university, college, or

19 junior college program;

20 ‘‘(iii) health services;

21 ‘‘(iv) information concerning, and as22 sistance in obtaining, available student fi23 nancial aid;

24 ‘‘(v) exposure to cultural events; and

25 ‘‘(vi) job placement services.
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1 ‘‘(b) CONDUCT OF PROJECTS.—A project supported

2 under this section may be conducted directly by the State

3 agency, or through a contract or other arrangement with

4 one or more local educational agencies, other public agen5 cies, or private nonprofit organizations.

6 ‘‘(c) CONSTRUCTION.—Nothing in this section shall be

7 construed to prohibit a school that receives funds under sub8 section (a) from serving neglected and delinquent children

9 and youth simultaneously with students with similar edu10 cational needs, in the same educational settings where ap11 propriate.

12 ‘‘SEC. 1419. EVALUATION; TECHNICAL ASSISTANCE; ANNUAL

13 MODEL PROGRAM.

14 ‘‘The Secretary shall reserve not more than 5 percent

15 of the amount made available to carry out this chapter for

16 a fiscal year—

17 ‘‘(1) to develop a uniform model to evaluate the

18 effectiveness of programs assisted under this chapter;

19 ‘‘(2) to provide technical assistance to and sup20 port the capacity building of State agency programs

21 assisted under this chapter; and

22 ‘‘(3) to create an annual model correctional

23 youthful offender program event under which a na24 tional award is given to programs assisted under this

25 chapter which demonstrate program excellence in—
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1 ‘‘(A) transition services for reentry in and

2 completion of regular or other education pro3 grams operated by a local educational agency;

4 ‘‘(B) transition services to job training pro5 grams and employment, utilizing existing sup6 port programs such as One Stop Career Centers;

7 ‘‘(C) transition services for participation in

8 postsecondary education programs;

9 ‘‘(D) the successful reentry into the commu10 nity; and

11 ‘‘(E) the impact on recidivism reduction for

12 juvenile and adult programs.

13 ‘‘Chapter 2—Local Agency Programs

14 ‘‘SEC. 1421. PURPOSE.

15 ‘‘The purpose of this chapter is to support the oper16 ation of local educational agency programs that involve col17 laboration with locally operated correctional facilities to—

18 ‘‘(1) carry out high quality education programs

19 to prepare youth for secondary school completion,

20 training, and employment, or further education;

21 ‘‘(2) provide activities to facilitate the transition

22 of such youth from the correctional program to fur23 ther education or employment; and

24 ‘‘(3) operate dropout prevention programs in

25 local schools for youth at risk of dropping out of
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1 school and youth returning from correctional facili2 ties.

3 ‘‘SEC. 1422. PROGRAMS OPERATED BY LOCAL EDUCATIONAL

4 AGENCIES.

5 ‘‘(a) LOCAL SUBGRANTS.—With funds made available

6 under section 1412(b), the State educational agency shall

7 award subgrants to local educational agencies with high

8 numbers or percentages of youth residing in locally operated

9 (including county operated) correctional facilities for youth

10 (including facilities involved in community day programs).

11 ‘‘(b) SPECIAL RULE.—A local educational agency

12 which includes a correctional facility that operates a school

13 is not required to operate a dropout prevention program

14 if more than 30 percent of the youth attending such facility

15 will reside outside the boundaries of the local educational

16 agency upon leaving such facility.

17 ‘‘(c) NOTIFICATION.—A State educational agency shall

18 notify local educational agencies within the State of the eli19 gibility of such agencies to receive a subgrant under this

20 chapter.

21 ‘‘SEC. 1423. LOCAL EDUCATIONAL AGENCY APPLICATIONS.

22 ‘‘Eligible local educational agencies desiring assistance

23 under this chapter shall submit an application to the State

24 educational agency, containing such information as the
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1 State educational agency may require. Each such applica2 tion shall include—

3 ‘‘(1) a description of the program to be assisted;

4 ‘‘(2) a description of formal agreements

5 between—

6 ‘‘(A) the local educational agency; and

7 ‘‘(B) correctional facilities and alternative

8 school programs serving youth involved with the

9 juvenile justice system to operate programs for

10 delinquent youth;

11 ‘‘(3) as appropriate, a description of how par12 ticipating schools will coordinate with facilities work13 ing with delinquent youth to ensure that such youth

14 are participating in an education program com15 parable to one operating in the local school such

16 youth would attend;

17 ‘‘(4) as appropriate, a description of the dropout

18 prevention program operated by participating schools

19 and the types of services such schools will provide to

20 at-risk youth in participating schools and youth re21 turning from correctional facilities;

22 ‘‘(5) as appropriate, a description of the youth

23 expected to be served by the dropout prevention pro24 gram and how the school will coordinate existing edu25 cational programs to meet unique education needs;
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1 ‘‘(6) as appropriate, a description of how schools

2 will coordinate with existing social and health serv3 ices to meet the needs of students at risk of dropping

4 out of school and other participating students, includ5 ing prenatal health care and nutrition services related

6 to the health of the parent and child, parenting and

7 child development classes, child care, targeted re-entry

8 and outreach programs, referrals to community re9 sources, and scheduling flexibility;

10 ‘‘(7) as appropriate, a description of any part11 nerships with local businesses to develop training and

12 mentoring services for participating students;

13 ‘‘(8) as appropriate, a description of how the

14 program will involve parents in efforts to improve the

15 educational achievement of their children, assist in

16 dropout prevention activities, and prevent the involve17 ment of their children in delinquent activities;

18 ‘‘(9) a description of how the program under this

19 chapter will be coordinated with other Federal, State,

20 and local programs, such as programs under title I

21 of the Workforce Investment Act of 1998 and voca22 tional education programs serving at-risk youth;

23 ‘‘(10) a description of how the program will be

24 coordinated with programs operated under the Juve-
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1 nile Justice and Delinquency Prevention Act of 1974

2 and other comparable programs, if applicable;

3 ‘‘(11) as appropriate, a description of how

4 schools will work with probation officers to assist in

5 meeting the needs of youth returning from correc6 tional facilities;

7 ‘‘(12) a description of efforts participating

8 schools will make to ensure correctional facilities

9 working with youth are aware of a child’s existing in10 dividualized education program; and

11 ‘‘(13) as appropriate, a description of the steps

12 participating schools will take to find alternative

13 placements for youth interested in continuing their

14 education but unable to participate in a regular pub15 lic school program.

16 ‘‘SEC. 1424. USES OF FUNDS.

17 ‘‘Funds provided to local educational agencies under

18 this chapter may be used, where appropriate, for—

19 ‘‘(1) dropout prevention programs which serve

20 youth at educational risk, including pregnant and

21 parenting teens, youth who have come in contact with

22 the juvenile justice system, youth at least one year be23 hind their expected grade level, migrant youth, immi24 grant youth, students with limited-English pro25 ficiency and gang members;
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1 ‘‘(2) the coordination of health and social serv2 ices for such individuals if there is a likelihood that

3 the provision of such services, including day care and

4 drug and alcohol counseling, will improve the likeli5 hood such individuals will complete their education;

6 and

7 ‘‘(3) programs to meet the unique education

8 needs of youth at risk of dropping out of school, which

9 may include vocational education, special education,

10 career counseling, and assistance in securing student

11 loans or grants.

12 ‘‘SEC. 1425. PROGRAM REQUIREMENTS FOR CORRECTIONAL

13 FACILITIES RECEIVING FUNDS UNDER THIS

14 SECTION.

15 ‘‘Each correctional facility having an agreement with

16 a local educational agency under section 1423(2) to provide

17 services to youth under this chapter shall—

18 ‘‘(1) where feasible, ensure educational programs

19 in juvenile facilities are coordinated with the stu20 dent’s home school, particularly with respect to spe21 cial education students with an individualized edu22 cation program;

23 ‘‘(2) notify the local school of a youth if the

24 youth is identified as in need of special education

25 services while in the facility;
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1 ‘‘(3) where feasible, provide transition assistance

2 to help the youth stay in school, including coordina3 tion of services for the family, counseling, assistance

4 in accessing drug and alcohol abuse prevention pro5 grams, tutoring, and family counseling;

6 ‘‘(4) provide support programs which encourage

7 youth who have dropped out of school to reenter school

8 once their term has been completed or provide such

9 youth with the skills necessary for such youth to gain

10 employment or seek a secondary school diploma or its

11 recognized equivalent;

12 ‘‘(5) work to ensure such facilities are staffed

13 with teachers and other qualified staff who are

14 trained to work with children with disabilities and

15 other students with special needs taking into consider16 ation the unique needs of such children and students;

17 ‘‘(6) ensure educational programs in correctional

18 facilities are related to assisting students to meet high

19 educational standards;

20 ‘‘(7) use, to the extent possible, technology to as21 sist in coordinating educational programs between the

22 juvenile facility and the community school;

23 ‘‘(8) where feasible, involve parents in efforts to

24 improve the educational achievement of their children
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1 and prevent the further involvement of such children

2 in delinquent activities;

3 ‘‘(9) coordinate funds received under this pro4 gram with other local, State, and Federal funds avail5 able to provide services to participating youth, such

6 as funds made available under title I of the Workforce

7 Investment Act of 1998, and vocational education

8 funds;

9 ‘‘(10) coordinate programs operated under this

10 chapter with activities funded under the Juvenile Jus11 tice and Delinquency Prevention Act of 1974 and

12 other comparable programs, if applicable; and

13 ‘‘(11) if appropriate, work with local businesses

14 to develop training and mentoring programs for par15 ticipating youth.

16 ‘‘SEC. 1426. ACCOUNTABILITY.

17 ‘‘The State educational agency may—

18 ‘‘(1) reduce or terminate funding for projects

19 under this chapter if a local educational agency does

20 not show progress in reducing dropout rates for male

21 students and for female students over a 3-year period;

22 and

23 ‘‘(2) require juvenile facilities to demonstrate,

24 after receiving assistance under this chapter for 3

25 years, that there has been an increase in the number
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1 of youth returning to school, obtaining a secondary

2 school diploma or its recognized equivalent, or obtain3 ing employment after such youth are released.

4 ‘‘Chapter 3—General Provisions

5 ‘‘SEC. 1431. PROGRAM EVALUATIONS.

6 ‘‘(a) SCOPE OF EVALUATION.—Each State agency or

7 local educational agency that conducts a program under

8 chapter 1 or 2 shall evaluate the program, disaggregating

9 data on participation by sex, and if feasible, by race, eth10 nicity, and age, not less than once every 3 years to deter11 mine the program’s impact on the ability of participants

12 to—

13 ‘‘(1) maintain and improve educational achieve14 ment;

15 ‘‘(2) accrue school credits that meet State re16 quirements for grade promotion and secondary school

17 graduation;

18 ‘‘(3) make the transition to a regular program or

19 other education program operated by a local edu20 cational agency;

21 ‘‘(4) complete secondary school (or secondary

22 school equivalency requirements) and obtain employ23 ment after leaving the institution; and

24 ‘‘(5) participate in postsecondary education and

25 job training programs.
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1 ‘‘(b) EVALUATION MEASURES.—In conducting each

2 evaluation under subsection (a), a State agency or local

3 educational agency shall use multiple and appropriate

4 measures of student progress.

5 ‘‘(c) EVALUATION RESULTS.—Each State agency and

6 local educational agency shall—

7 ‘‘(1) submit evaluation results to the State edu8 cational agency and the Secretary; and

9 ‘‘(2) use the results of evaluations under this sec10 tion to plan and improve subsequent programs for

11 participating children and youth.

12 ‘‘SEC. 1432. DEFINITIONS.

13 ‘‘In this subpart:

14 ‘‘(1) ADULT CORRECTIONAL INSTITUTION.—The

15 term ‘adult correctional institution’ means a facility

16 in which persons are confined as a result of a convic17 tion for a criminal offense, including persons under

18 21 years of age.

19 ‘‘(2) AT-RISK YOUTH.—The term ‘at-risk youth’

20 means school aged youth who are at risk of academic

21 failure, have drug or alcohol problems, are pregnant

22 or are parents, have come into contact with the juve23 nile justice system in the past, are at least one year

24 behind the expected grade level for the age of the

25 youth, have limited-English proficiency, are gang
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1 members, have dropped out of school in the past, or

2 have high absenteeism rates at school.

3 ‘‘(3) COMMUNITY DAY PROGRAM.—The term

4 ‘community day program’ means a regular program

5 of instruction provided by a State agency at a com6 munity day school operated specifically for neglected

7 or delinquent children and youth.

8 ‘‘(4) INSTITUTION FOR NEGLECTED OR DELIN9 QUENT CHILDREN AND YOUTH.—The term ‘institution

10 for neglected or delinquent children and youth’

11 means—

12 ‘‘(A) a public or private residential facility,

13 other than a foster home, that is operated for the

14 care of children who have been committed to the

15 institution or voluntarily placed in the institu16 tion under applicable State law, due to abandon17 ment, neglect, or death of their parents or guard18 ians; or

19 ‘‘(B) a public or private residential facility

20 for the care of children who have been adju21 dicated to be delinquent or in need of super22 vision.’’.
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1 PART E—NATIONAL ASSESSMENT OF TITLE I

2 SEC. 151. NATIONAL ASSESSMENT OF TITLE I.

3 Section 1501 (20 U.S.C. 6491) is deleted and replaced

4 with the following:

5 ‘‘SEC. 1501. NATIONAL ASSESSMENT OF TITLE I.

6 ‘‘(a) NATIONAL ASSESSMENT.—The Secretary shall

7 conduct a national assessment of the impact of the policies

8 enacted into law under title I of the Better Education for

9 Students and Teachers Act on States, local educational

10 agencies, schools, and students.

11 ‘‘(1) Such assessment shall be planned, reviewed,

12 and conducted in consultation with an independent

13 panel of researchers, State practitioners, local practi14 tioners, and other appropriate individuals.

15 ‘‘(2) The assessment shall examine, at a min16 imum, how schools, local educational agencies, and

17 States have—

18 ‘‘(A) made progress towards the goal of all

19 students reaching the proficient level in at least

20 reading and math based on a State’s content and

21 performance standards and the State assessments

22 required under section 1111 and on the National

23 Assessment of Educational Progress;

24 ‘‘(B) implemented scientifically-based read25 ing instruction;
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1 ‘‘(C) implemented the requirements for the

2 development of assessments for students in grades

3 3–8 and administered such assessments, includ4 ing the time and cost required for their develop5 ment and how well they meet the requirements

6 for assessments described in this title;

7 ‘‘(D) defined adequate yearly progress and

8 what has been the impact of applying this stand9 ard for adequacy to schools, local educational

10 agencies, and the State in terms of the numbers

11 not meeting the standard and the year to year

12 changes in such identification for individual

13 schools and local educational agencies;

14 ‘‘(E) publicized and disseminated the local

15 educational agencies report cards to teachers,

16 school staff, students, and the community;

17 ‘‘(F) implemented the school improvement

18 requirements described in section 1116,

19 including—

20 ‘‘(i) the number of schools identified for

21 school improvement and how many years

22 schools remain in this status;

23 ‘‘(ii) the types of support provided by

24 the State and local educational agencies to

25 schools and local educational agencies iden-
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1 tified as in need of improvement and the

2 impact of such support on student achieve3 ment;

4 ‘‘(iii) the number of parents who take

5 advantage of the public school choice provi6 sions of this title, the costs associated with

7 implementing these provisions, and the im8 pact of attending another school on student

9 achievement;

10 ‘‘(iv) the number of parents who choose

11 to take advantage of the supplemental serv12 ices option, the criteria used by the States

13 to determine the quality of providers, the

14 kinds of services that are available and uti15 lized, the costs associated with imple16 menting this option, and the impact of re17 ceiving supplemental services on student

18 achievement; and

19 ‘‘(v) the kinds of actions that are taken

20 with regards to schools and local edu21 cational agencies identified for reconstitu22 tion.

23 ‘‘(G) used funds under this title to improve

24 student achievement, including how schools have

25 provided either schoolwide improvement or tar-
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1 geted assistance and provided professional devel2 opment to school personnel;

3 ‘‘(H) used funds made available under this

4 title to provide preschool and family literacy

5 services and the impact of these services on stu6 dents’ school readiness;

7 ‘‘(I) afforded parents meaningful opportuni8 ties to be involved in the education of their chil9 dren at school and at home;

10 ‘‘(J) distributed resources, including the

11 State reservation of funds for school improve12 ment, to target local educational agencies and

13 schools with the greatest need;

14 ‘‘(K) used State and local educational agen15 cy funds and resources to support schools and

16 provide technical assistance to turn around fail17 ing schools; and,

18 ‘‘(L) used State and local educational agen19 cy funds and resources to help schools with 50

20 percent or more students living in families below

21 the poverty line meet the requirement of having

22 all teachers fully qualified in four years.

23 ‘‘(b) STUDENT ACHIEVEMENT.—As part of the na24 tional assessment, the Secretary shall evaluate the effective25 ness of the programs and services carried out under this
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1 title, especially part A, in improving student achievement.

2 Such evaluation shall—

3 ‘‘(1) provide information on what types of pro4 grams and services are most likely to help students

5 reach the States’ performance standards for proficient

6 and advanced;

7 ‘‘(2) examine the effectiveness of comprehensive

8 school reform and improvement strategies for raising

9 student achievement;

10 ‘‘(3) to the extent possible, have a longitudinal

11 design that tracks a representative sample of students

12 over time; and

13 ‘‘(4) to the extent possible, report on the achieve14 ment of the groups of students described in section

15 1111(b)(2)(B)(v)(II).

16 ‘‘(c) DEVELOPMENTALLY APPROPRIATE MEASURES.—

17 In conducting the national assessment, the Secretary shall

18 use developmentally appropriate measures to assess student

19 performance.

20 ‘‘(d) STUDIES AND DATA COLLECTION.—The Secretary

21 may conduct studies and evaluations and collect such data

22 as is necessary to carry out this section either directly or

23 through grants and contracts to—

24 ‘‘(1) assess the implementation and effectiveness

25 of programs under this title;
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1 ‘‘(2) collect the data necessary to comply with the

2 Government Performance and Results Act of 1993.

3 ‘‘(e) REPORTING.—The Secretary shall provide to the

4 relevant committees of the Senate and House—

5 ‘‘(1) by December 30, 2004, an interim report on

6 the progress and any interim results of the national

7 assessment of title I; and

8 ‘‘(2) by December 30, 2007, a final report of the

9 results of the assessment.’’.

10 PART F—21st CENTURY LEARNING CENTERS;

11 COMPREHENSIVE SCHOOL REFORM; SCHOOL

12 DROPOUT PREVENTION

13 SEC. 161. 21st CENTURY LEARNING CENTERS; COMPREHEN14 SIVE SCHOOL REFORM.

15 Title I (20 U.S.C. 6301 et seq.) is amended—

16 (1) by redesignating part F as part I;

17 (2) by redesignating sections 1601 through 1604

18 as sections 1901 through 1904, respectively; and

19 (3) by inserting after part E the following:
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1 ‘‘PART F—21st CENTURY COMMUNITY LEARNING

2 CENTERS

3 ‘‘Subpart 1—21st Century Community Learning

4 Centers

5 ‘‘SEC. 1601. SHORT TITLE.

6 ‘‘This subpart may be cited as the ‘21st Century Com7 munity Learning Centers Act’.

8 ‘‘SEC. 1602. PURPOSE.

9 ‘‘The purpose of this subpart is to provide opportuni10 ties to communities to establish or expand activities in com11 munity learning centers that—

12 ‘‘(1) provide opportunities for academic enrich13 ment, including providing tutorial services to help

14 students, particularly students who attend low-per15 forming schools, to meet State and local student per16 formance standards in core academic subjects, such as

17 reading and mathematics;

18 ‘‘(2) offer students a broad array of additional

19 services, programs, and activities, such as youth de20 velopment activities, drug and violence prevention

21 programs, art, music, and recreation programs, tech22 nology education programs, and character education

23 programs, that are designed to reinforce and com24 plement the regular academic program of partici25 pating students; and
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1 ‘‘(3) offer families of students enrolled in com2 munity learning centers opportunities for lifelong

3 learning and literacy development.

4 ‘‘SEC. 1603. DEFINITIONS.

5 ‘‘In this subpart:

6 ‘‘(1) COMMUNITY LEARNING CENTER.—The term

7 ‘community learning center’ is an entity that—

8 ‘‘(A)(i) assists students to meet State con9 tent and student performance standards in core

10 academic subjects, such as reading and mathe11 matics, by primarily providing to the students,

12 during non-school hours or periods when school

13 is not in session, tutorial and other academic en14 richment services in addition to other activities

15 (such as youth development activities, drug and

16 violence prevention programs, art, music, and

17 recreation programs, technology education pro18 grams, and character education programs) that

19 reinforce and complement the regular academic

20 program of the students; and

21 ‘‘(ii) offers families of students enrolled in

22 such center opportunities for lifelong learning

23 and literacy development; and

24 ‘‘(B) is operated by 1 or more local edu25 cational agencies, community-based organiza-
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1 tions, units of general purpose local government,

2 or other public or private entities.

3 ‘‘(2) COVERED PROGRAM.—The term ‘covered

4 program’ means a program for which—

5 ‘‘(A) the Secretary made a grant under part

6 I of title X (as in effect on the day before the

7 date of enactment of the Better Education for

8 Students and Teachers Act); and

9 ‘‘(B) the grant period had not ended on that

10 date of enactment.

11 ‘‘(3) ELIGIBLE ORGANIZATION.—The term ‘eligi12 ble organization’ means—

13 ‘‘(A) a local educational agency, a commu14 nity-based organization, a unit of general pur15 pose local government, or another public or pri16 vate entity; or

17 ‘‘(B) a consortium of entities described in

18 subparagraph (A).

19 ‘‘(4) STATE.—The term ‘State’ means the State

20 educational agency of a State (as defined in section

21 3).

22 ‘‘(5) UNIT OF GENERAL PURPOSE LOCAL GOV23 ERNMENT.—The term ‘unit of general purpose local

24 government’ means any city, town, township, parish,

25 village, or other general purpose political subdivision.
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1 ‘‘SEC. 1604. PROGRAM AUTHORIZED.

2 ‘‘The Secretary is authorized to award grants to States

3 to make awards to eligible organizations to plan, imple4 ment, or expand community learning centers that serve—

5 ‘‘(1) students who primarily attend—

6 ‘‘(A) schools eligible for schoolwide pro7 grams under section 1114; or

8 ‘‘(B) schools that serve a high percentage of

9 students from low-income families; and

10 ‘‘(2) the families of students described in para11 graph (1).

12 ‘‘SEC. 1605. ALLOTMENTS TO STATES.

13 ‘‘(a) RESERVATION.—From the funds appropriated

14 under section 1002(g) for any fiscal year, the Secretary

15 shall reserve—

16 ‘‘(1) such amount as may be necessary to make

17 continuation awards for covered programs to grant

18 recipients under part I of title X (under the terms of

19 those grants), as in effect on the day before the effec20 tive date of the Better Education for Students and

21 Teachers Act;

22 ‘‘(2) not more than 1 percent for national activi23 ties, which the Secretary may carry out directly or

24 through grants and contracts, such as providing tech25 nical assistance to organizations carrying out pro-
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1 grams under this subpart or conducting a national

2 evaluation; and

3 ‘‘(3) not more than 1 percent for payments to the

4 outlying areas and the Bureau of Indian Affairs, to

5 be allotted in accordance with their respective needs

6 for assistance under this subpart, as determined by

7 the Secretary, to enable the areas and the Bureau to

8 carry out the objectives of this subpart.

9 ‘‘(b) STATE ALLOTMENTS.—

10 ‘‘(1) DETERMINATION.—

11 ‘‘(A) BASIS.—From the funds appropriated

12 under section 1002(g) for any fiscal year and re13 maining after the Secretary makes reservations

14 under subsection (a), the Secretary shall allot to

15 each State for the fiscal year an amount that

16 bears the same relationship to the remainder as

17 the amount the State received under subpart 2 of

18 part A for the preceding fiscal year bears to the

19 amount all States received under that subpart

20 for the preceding fiscal year, except as provided

21 in subparagraph (B).

22 ‘‘(B) EXCEPTION.—No State receiving an

23 allotment under subparagraph (A) may receive

less than 1 24 ⁄2 of 1 percent of the total amount al25 lotted under subparagraph (A) for a fiscal year.
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1 ‘‘(2) DEFINITION.—In this subsection, the term ‘State’

2 means each of the 50 States, the District of Columbia, and

3 the Commonwealth of Puerto Rico.

4 ‘‘SEC. 1606. STATE PLANS.

5 ‘‘Each State seeking a grant under this subpart shall

6 submit to the Secretary a plan, which may be submitted

7 as part of a State’s consolidated plan under section 5502,

8 at such time, in such manner, and containing such infor9 mation as the Secretary may reasonably require. At a min10 imum, the plan shall—

11 ‘‘(1) describe how the State will use funds re12 ceived under this subpart, including funds reserved

13 for State-level activities;

14 ‘‘(2) contain an assurance that the State will

15 make awards under this subpart for eligible organiza16 tions only to eligible organizations that propose to

17 serve—

18 ‘‘(A) students who primarily attend—

19 ‘‘(i) schools eligible for schoolwide pro20 grams under section 1114; or

21 ‘‘(ii) schools that serve a high percent22 age of students from low-income families;

23 and

24 ‘‘(B) the families of students described in

25 subparagraph (A);
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1 ‘‘(3) describe the procedures and criteria the

2 State will use for reviewing applications and award3 ing funds to eligible organizations on a competitive

4 basis, which shall include procedures and criteria that

5 take into consideration the likelihood that a proposed

6 center will help participating students meet local con7 tent and performance standards by increasing their

8 academic performance and achievement;

9 ‘‘(4) describe how the State will ensure that

10 awards made under this subpart are—

11 ‘‘(A) of sufficient size and scope to support

12 high-quality, effective programs that are con13 sistent with the purpose of this subpart; and

14 ‘‘(B) in amounts that are consistent with

15 section 1608(b);

16 ‘‘(5) contain an assurance that the State—

17 ‘‘(A) will not make awards for programs

18 that exceed 4 years;

19 ‘‘(B) will ensure an equitable distribution of

20 awards among urban and rural areas of the

21 State; and

22 ‘‘(C) will require each eligible organization

23 seeking such an award to submit a plan describ24 ing how the center to be funded through the
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1 award will continue after funding under this

2 subpart ends;

3 ‘‘(6) describe the State’s performance measures

4 for programs carried out under this subpart, includ5 ing measures relating to increased academic perform6 ance and achievement, and how the State will evalu7 ate the effectiveness of those programs;

8 ‘‘(7) contain an assurance that funds appro9 priated to carry out this subpart will be used to sup10 plement, and not supplant, other Federal, State, and

11 local public funds expended to provide programs and

12 activities authorized under this subpart; and

13 ‘‘(8) contain an assurance that the State will re14 quire eligible organizations to describe in their appli15 cations under section 1609 how the transportation

16 needs of participating students will be addressed.

17 ‘‘SEC. 1607. STATE-LEVEL ACTIVITIES.

18 ‘‘(a) IN GENERAL.—A State that receives an allotment

19 under section 1605 for a fiscal year shall use not more than

20 6 percent of the funds made available through the allotment

21 for State-level activities described in paragraphs (1) and

22 (2) of subsection (b).

23 ‘‘(b) ACTIVITIES.—

24 ‘‘(1) PLANNING, PEER REVIEW, AND SUPER25 VISION.—The State may use not more than 3 percent
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1 of the funds made available through the allotment to

2 pay for the costs of—

3 ‘‘(A) establishing and implementing a peer

4 review process for applications described in sec5 tion 1609 (including consultation with the Gov6 ernor and other State agencies responsible for

7 administering youth development programs and

8 adult learning activities);

9 ‘‘(B) supervising the awarding of funds to

10 eligible organizations (in consultation with the

11 Governor and other State agencies responsible for

12 administering youth development programs and

13 adult learning activities);

14 ‘‘(C) planning and supervising the use of

15 funds made available under this subpart, and

16 processing the funds; and

17 ‘‘(D) monitoring activities.

18 ‘‘(2) EVALUATION, TRAINING, AND TECHNICAL

19 ASSISTANCE.—The State may use not more than 3

20 percent of the funds made available through the allot21 ment to pay for the costs of—

22 ‘‘(A) comprehensive evaluation (directly, or

23 through a grant or contract) of the effectiveness

24 of programs and activities provided under this

25 subpart; and
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1 ‘‘(B) providing training and technical as2 sistance to eligible organizations who are appli3 cants or recipients of awards under this subpart.

4 ‘‘SEC. 1608. AWARDS TO ELIGIBLE ORGANIZATIONS.

5 ‘‘(a) AWARDS.—A State that receives an allotment

6 under section 1605 for a fiscal year shall use not less than

7 94 percent of the funds made available through the allot8 ment to make awards on a competitive basis to eligible or9 ganizations (including organizations and entities that

10 carry out projects described in section 1609(d)).

11 ‘‘(b) AMOUNTS.—The State shall make the awards in

12 amounts of not less than $50,000.

13 ‘‘SEC. 1609. LOCAL APPLICATION.

14 ‘‘(a) APPLICATION.—To be eligible to receive an award

15 under this subpart, an eligible organization shall submit

16 an application to the State at such time, in such manner,

17 and including such information as the State may reason18 ably require. Each such application shall include—

19 ‘‘(1) an evaluation of the needs, available re20 sources, and goals and objectives for the proposed

21 community learning center and a description of how

22 the program proposed to be carried out in the center

23 will address those needs (including the needs of work24 ing families); and
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1 ‘‘(2) a description of the proposed community

2 learning center, including—

3 ‘‘(A) a description of how the eligible orga4 nization will ensure that the program proposed

5 to be carried out at the center will reinforce and

6 complement the instructional programs of the

7 schools that students served by the program at8 tend;

9 ‘‘(B) an identification of Federal, State,

10 and local programs that will be combined or co11 ordinated with the proposed program in order to

12 make the most effective use of public resources;

13 ‘‘(C) an assurance that the proposed pro14 gram was developed, and will be carried out, in

15 active collaboration with the schools the students

16 attend;

17 ‘‘(D) evidence that the eligible organization

18 has experience, or demonstrates promise of suc19 cess, in providing educational and related activi20 ties that will complement and enhance the stu21 dents’ academic performance and achievement

22 and positive youth development;

23 ‘‘(E) an assurance that the program will

24 take place in a safe and easily accessible school

25 or other facility;
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1 ‘‘(F) a description of how students partici2 pating in the program carried out by the center

3 will travel safely to and from the center and

4 home;

5 ‘‘(G) a description of how the eligible orga6 nization will disseminate information about the

7 program to the community in a manner that is

8 understandable and accessible;

9 ‘‘(H) a description of a preliminary plan

10 for how the center will continue after funding

11 under this subpart ends; and

12 ‘‘(I) an assurance that the eligible organiza13 tion will, to the maximum extent practicable,

14 carry out the proposed program with commu15 nity-based organizations that have experience in

16 providing before and after school programs, such

17 as the Young Men’s Christian Association

18 (YMCA), the Police Athletic and Activities

19 Leagues, Boys and Girls Clubs, and Big Broth20 ers/Big Sisters of America.

21 ‘‘(b) PRIORITY.—In making awards under this sub22 part, the State shall give equal priority to applications—

23 ‘‘(1) submitted jointly by schools receiving fund24 ing under part A and community-based organizations

25 or other eligible organizations;
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1 ‘‘(2) submitted by such schools or consortia of

2 such schools; and

3 ‘‘(3) submitted by community-based organiza4 tions or other eligible organizations serving commu5 nities in which such schools are located.

6 ‘‘(c) APPROVAL OF CERTAIN APPLICATIONS.—The

7 State may approve an application under this subpart for

8 a program to be located in a facility other than an elemen9 tary school or secondary school, only if the program—

10 ‘‘(1) will be accessible to the students proposed in

11 the application to be served; and

12 ‘‘(2) will be as effective as the program would be

13 if the program were located in such a school.

14 ‘‘(d) AFTER SCHOOL SERVICES.—Grant funds award15 ed under this subpart may be used by organizations or enti16 ties to implement programs to provide after school services

17 for limited English proficient students that emphasize lan18 guage and life skills.

19 ‘‘Subpart 2—Community Technology Centers

20 ‘‘SEC. 1611. PURPOSE; PROGRAM AUTHORITY.

21 ‘‘(a) PURPOSE.—It is the purpose of this subpart to

22 assist eligible applicants to—

23 ‘‘(1) create or expand community technology cen24 ters that will provide disadvantaged residents of eco25 nomically distressed urban and rural communities
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1 with access to information technology and related

2 training; and

3 ‘‘(2) provide technical assistance and support to

4 community technology centers.

5 ‘‘(b) PROGRAM AUTHORITY.—

6 ‘‘(1) IN GENERAL.—The Secretary is authorized,

7 through the Office of Educational Technology, to

8 award grants, contracts, or cooperative agreements on

9 a competitive basis to eligible applicants in order to

10 assist such applicants in—

11 ‘‘(A) creating or expanding community

12 technology centers; or

13 ‘‘(B) providing technical assistance and

14 support to community technology centers.

15 ‘‘(2) PERIOD OF AWARD.—The Secretary may

16 award grants, contracts, or cooperative agreements

17 under this subpart for a period of not more than 3

18 years.

19 ‘‘(3) SERVICE OF AMERICORPS PARTICIPANTS.—

20 The Secretary may collaborate with the Chief Execu21 tive Officer of the Corporation for National and Com22 munity Service on the use of participants in National

23 Service programs carried out under subtitle C of title

24 I of the National and Community Service Act of 1990

25 in community technology centers.
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1 ‘‘SEC. 1612. ELIGIBILITY AND APPLICATION REQUIRE2 MENTS.

3 ‘‘(a) ELIGIBLE APPLICANTS.—In order to be eligible

4 to receive an award under this subpart, an applicant

5 shall—

6 ‘‘(1) have the capacity to expand significantly

7 access to computers and related services for disadvan8 taged residents of economically distressed urban and

9 rural communities (who would otherwise be denied

10 such access); and

11 ‘‘(2) be—

12 ‘‘(A) an entity such as a foundation, mu13 seum, library, for-profit business, public or pri14 vate nonprofit organization, or community-based

15 organization;

16 ‘‘(B) an institution of higher education;

17 ‘‘(C) a State educational agency;

18 ‘‘(D) a local education agency; or

19 ‘‘(E) a consortium of entities described in

20 subparagraphs (A), (B), (C), or (D).

21 ‘‘(b) APPLICATION REQUIREMENTS.—In order to re22 ceive an award under this subpart, an eligible applicant

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

24 and containing such information, as the Secretary may re25 quire. Such application shall include—
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1 ‘‘(1) a description of the proposed project, in2 cluding a description of the magnitude of the need for

3 the services and how the project would expand access

4 to information technology and related services to dis5 advantaged residents of an economically distressed

6 urban or rural community;

7 ‘‘(2) a demonstration of—

8 ‘‘(A) the commitment, including the finan9 cial commitment, of entities such as institutions,

10 organizations, business and other groups in the

11 community that will provide support for the cre12 ation, expansion, and continuation of the pro13 posed project; and

14 ‘‘(B) the extent to which the proposed

15 project establishes linkages with other appro16 priate agencies, efforts, and organizations pro17 viding services to disadvantaged residents of an

18 economically distressed urban or rural commu19 nity;

20 ‘‘(3) a description of how the proposed project

21 would be sustained once the Federal funds awarded

22 under this subpart end; and

23 ‘‘(4) a plan for the evaluation of the program,

24 which shall include benchmarks to monitor progress

25 toward specific project objectives.
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1 ‘‘(c) MATCHING REQUIREMENTS.—The Federal share

2 of the cost of any project funded under this subpart shall

3 not exceed 50 percent. The non-Federal share of such project

4 may be in cash or in kind, fairly evaluated, including serv5 ices.

6 ‘‘SEC. 1613. USES OF FUNDS.

7 ‘‘(a) REQUIRED USES.—A recipient shall use funds

8 under this subpart for—

9 ‘‘(1) creating or expanding community tech10 nology centers that expand access to information tech11 nology and related training for disadvantaged resi12 dents of distressed urban or rural communities; and

13 ‘‘(2) evaluating the effectiveness of the project.

14 ‘‘(b) PERMISSIBLE USES.—A recipient may use funds

15 under this subpart for activities, described in its applica16 tion, that carry out the purposes of this subpart, such as—

17 ‘‘(1) supporting a center coordinator, and staff,

18 to supervise instruction and build community part19 nerships;

20 ‘‘(2) acquiring equipment, networking capabili21 ties, and infrastructure to carry out the project; and

22 ‘‘(3) developing and providing services and ac23 tivities for community residents that provide access to

24 computers, information technology, and the use of

25 such technology in support of pre-school preparation,
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1 academic achievement, lifelong learning, and work2 force development, such as the following:

3 ‘‘(A) After-school activities in which chil4 dren and youths use software that provides aca5 demic enrichment and assistance with homework,

6 develop their technical skills, explore the Inter7 net, and participate in multimedia activities,

8 including web page design and creation.

9 ‘‘(B) Adult education and family literacy

10 activities through technology and the Internet,

11 including—

12 ‘‘(i) General Education Development,

13 English as a Second Language, and adult

14 basic education classes or programs;

15 ‘‘(ii) introduction to computers;

16 ‘‘(iii) intergenerational activities; and

17 ‘‘(iv) lifelong learning opportunities.

18 ‘‘(C) Career development and job prepara19 tion activities, such as—

20 ‘‘(i) training in basic and advanced

21 computer skills;

22 ‘‘(ii) resume writing workshops; and

23 ‘‘(iii) access to databases of employ24 ment opportunities, career information, and

25 other online materials.
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1 ‘‘(D) Small business activities, such as—

2 ‘‘(i) computer-based training for basic

3 entrepreneurial skills and electronic com4 merce; and

5 ‘‘(ii) access to information on business

6 start-up programs that is available online,

7 or from other sources.

8 ‘‘(E) Activities that provide home access to

9 computers and technology, such as assistance

10 and services to promote the acquisition, installa11 tion, and use of information technology in the

12 home through low-cost solutions such as

13 networked computers, web-based television de14 vices, and other technology.

15 ‘‘SEC. 1614. AUTHORIZATION OF APPROPRIATIONS.

16 ‘‘For purposes of carrying out this subpart, there is

17 authorized to be appropriated $100,000,000 for fiscal year

18 2002 and such sums as may be necessary for each of the

19 6 succeeding fiscal years.

20 ‘‘PART G—COMPREHENSIVE SCHOOL REFORM

21 ‘‘SEC. 1701. PURPOSE.

22 ‘‘The purpose of this part is to provide financial incen23 tives for schools to develop comprehensive school reforms

24 based upon promising and effective practices and scientif25 ically based research programs that emphasize basic aca-
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1 demics and parental involvement so that all children can

2 meet challenging State content and student performance

3 standards.

4 ‘‘SEC. 1702. PROGRAM AUTHORIZATION.

5 ‘‘(a) PROGRAM AUTHORIZED.—

6 ‘‘(1) IN GENERAL.—The Secretary is authorized

7 to award grants to State educational agencies, from

8 allotments under paragraph (2), to enable the State

9 educational agencies to award subgrants to local edu10 cational agencies to carry out the purpose described

11 in section 1701.

12 ‘‘(2) ALLOTMENTS.—

13 ‘‘(A) RESERVATIONS.—Of the amount ap14 propriated under section 1002(h) for a fiscal

15 year, the Secretary may reserve—

16 ‘‘(i) not more than 1 percent to provide

17 assistance to schools supported by the Bu18 reau of Indian Affairs and in the United

19 States Virgin Islands, Guam, American

20 Samoa, and the Commonwealth of the

21 Northern Mariana Islands according to

22 their respective needs for assistance under

23 this part;
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1 ‘‘(ii) not more than 1 percent to con2 duct national evaluation activities described

3 in section 1707; and

4 ‘‘(iii) 3 percent to promote quality ini5 tiatives described in section 1708.

6 ‘‘(B) IN GENERAL.—Of the amount appro7 priated under section 1002(h) that remains after

8 making the reservation under subparagraph (A)

9 for a fiscal year, the Secretary shall allot to each

10 State for the fiscal year an amount that bears

11 the same ratio to the remainder for that fiscal

12 year as the amount made available under section

13 1124 to the State for the preceding fiscal year

14 bears to the total amount made available under

15 section 1124 to all States for that year.

16 ‘‘(C) REALLOTMENT.—If a State does not

17 apply for funds under this section, the Secretary

18 shall reallot such funds to other States that do

19 not apply in proportion to the amount allotted

20 to such other States under subparagraph (B).

21 ‘‘SEC. 1703. STATE APPLICATIONS.

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

23 that desires to receive a grant under this section shall sub24 mit an application to the Secretary at such time, in such
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1 manner, and containing such information as the Secretary

2 may reasonably require.

3 ‘‘(b) CONTENTS.—Each such application shall

4 describe—

5 ‘‘(1) the process and selection criteria by which

6 the State educational agency, using expert review,

7 will select local educational agencies to receive sub8 grants under this section;

9 ‘‘(2) how the State educational agency will en10 sure that funds under this part are limited to com11 prehensive school reform programs that—

12 ‘‘(A) include each of the components de13 scribed in section 1706(a);

14 ‘‘(B) have the capacity to improve the aca15 demic achievement of all students in core aca16 demic subjects within participating schools; and

17 ‘‘(C) are supported by technical assistance

18 providers that have a successful track record and

19 the capacity to deliver high quality materials,

20 professional development for school personnel

21 and on-site support during the full implementa22 tion period of the reforms;

23 ‘‘(3) how the State educational agency will dis24 seminate information on comprehensive school re-
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1 forms that are based on promising and effective prac2 tices and scientifically based research programs;

3 ‘‘(4) how the State educational agency will an4 nually evaluate the implementation of such reforms

5 and measure the extent to which the reforms have re6 sulted in increased student academic performance;

7 and

8 ‘‘(5) how the State educational agency will make

9 available technical assistance to a local educational

10 agency or consortia of local educational agencies in

11 evaluating, developing, and implementing comprehen12 sive school reform.

13 ‘‘SEC. 1704. STATE USE OF FUNDS.

14 ‘‘(a) IN GENERAL.—Except as provided in subsection

15 (e), a State educational agency that receives a grant under

16 this part shall use the grant funds to award subgrants, on

17 a competitive basis, to local educational agencies or con18 sortia of local educational agencies in the State that receive

19 funds under part A to support comprehensive school reforms

20 in schools that are eligible for funds under part A.

21 ‘‘(b) SUBGRANT REQUIREMENTS.—A subgrant to a

22 local educational agency or consortium shall be—

23 ‘‘(1) of sufficient size and scope to support the

24 initial costs of comprehensive school reforms selected
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1 or designed by each school identified in the applica2 tion of the local educational agency or consortium;

3 ‘‘(2) in an amount not less than $50,000 for each

4 participating school; and

5 ‘‘(3) renewable for 2 additional 1-year periods

6 after the initial 1-year grant is made if the school is

7 making substantial progress in the implementation of

8 reforms.

9 ‘‘(c) PRIORITY.—A State educational agency, in

10 awarding subgrants under this part, shall give priority to

11 local educational agencies or consortia that—

12 ‘‘(1) plan to use the funds in schools identified

13 as being in need of improvement or corrective action

14 under section 1116(c); and

15 ‘‘(2) demonstrate a commitment to assist schools

16 with budget allocation, professional development, and

17 other strategies necessary to ensure the comprehensive

18 school reforms are properly implemented and are sus19 tained in the future.

20 ‘‘(d) GRANT CONSIDERATION.—In awarding subgrants

21 under this part, the State educational agency shall take into

22 consideration the equitable distribution of subgrants to dif23 ferent geographic regions within the State, including urban

24 and rural areas, and to schools serving elementary school

25 and secondary students.
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1 ‘‘(e) ADMINISTRATIVE COSTS.—A State educational

2 agency that receives a grant under this part may reserve

3 not more than 5 percent of the grant funds for administra4 tive, evaluation, and technical assistance expenses.

5 ‘‘(f) SUPPLEMENT.—Funds made available under this

6 part shall be used to supplement, and not supplant, any

7 other Federal, State, or local funds that would otherwise

8 be available to carry out the activities assisted under this

9 part.

10 ‘‘(g) REPORTING.—Each State educational agency

11 that receives a grant under this part shall provide to the

12 Secretary such information as the Secretary may require,

13 including the names of local educational agencies and

14 schools receiving assistance under this part, the amount of

15 the assistance, a description of the comprehensive school re16 forms selected and used, and a copy of the State’s evaluation

17 of the implementation of comprehensive school reforms sup18 ported under this part and the student results achieved.

19 ‘‘SEC. 1705. LOCAL APPLICATIONS.

20 ‘‘(a) IN GENERAL.—Each local educational agency or

21 consortium of local educational agencies desiring a

22 subgrant under this section shall submit an application to

23 the State educational agency at such time, in such manner,

24 and containing such information as the State educational

25 agency may reasonably require.
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1 ‘‘(b) CONTENTS.—Each such application shall—

2 ‘‘(1) identify the schools, that are eligible for as3 sistance under part A, that plan to implement a com4 prehensive school reform program, including the pro5 jected costs of such a program;

6 ‘‘(2) describe the comprehensive school reforms

7 based on scientifically-based research and effective

8 practices that such schools will implement;

9 ‘‘(3) describe how the local educational agency or

10 consortium will provide technical assistance and sup11 port for the effective implementation of the promising

12 and effective practices and scientifically based re13 search school reforms selected by such schools; and

14 ‘‘(4) describe how the local educational agency or

15 consortium will evaluate the implementation of such

16 comprehensive reforms and measure the results

17 achieved in improving student academic performance.

18 ‘‘SEC. 1706. LOCAL USE OF FUNDS.

19 ‘‘(a) USES OF FUNDS.—A local educational agency or

20 consortium that receives a subgrant under this section shall

21 provide the subgrant funds to schools, that are eligible for

22 assistance under part A and served by the agency, to enable

23 the schools to implement a comprehensive school reform pro24 gram for—
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1 ‘‘(1) employing proven strategies for student

2 learning, teaching, and school management that are

3 based on promising and effective practices and sci4 entifically based research programs and have been

5 replicated successfully in schools;

6 ‘‘(2) integrating a comprehensive design for effec7 tive school functioning, including instruction, assess8 ment, classroom management, professional develop9 ment, parental involvement, and school management,

10 that aligns the school’s curriculum, technology, and

11 professional development into a comprehensive reform

12 plan for schoolwide change designed to enable all stu13 dents to meet challenging State content and student

14 performance standards and addresses needs identified

15 through a school needs assessment;

16 ‘‘(3) providing high quality and continuous

17 teacher and staff professional development;

18 ‘‘(4) the inclusion of measurable goals for student

19 performance;

20 ‘‘(5) support for teachers, principals, adminis21 trators, and other school personnel staff;

22 ‘‘(6) meaningful community and parental in23 volvement initiatives that will strengthen school im24 provement activities;
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1 ‘‘(7) using high quality external technical sup2 port and assistance from an entity that has experi3 ence and expertise in schoolwide reform and improve4 ment, which may include an institution of higher

5 education;

6 ‘‘(8) evaluating school reform implementation

7 and student performance; and

8 ‘‘(9) identification of other resources, including

9 Federal, State, local, and private resources, that shall

10 be used to coordinate services that will support and

11 sustain the comprehensive school reform effort.

12 ‘‘(b) SPECIAL RULE.—A school that receives funds to

13 develop a comprehensive school reform program shall not

14 be limited to using nationally available approaches, but

15 may develop the school’s own comprehensive school reform

16 program for schoolwide change as described in subsection

17 (a).

18 ‘‘SEC. 1707. NATIONAL EVALUATION AND REPORTS.

19 ‘‘(a) IN GENERAL.—The Secretary shall develop a plan

20 for a national evaluation of the programs assisted under

21 this part.

22 ‘‘(b) EVALUATION.—The national evaluation shall—

23 ‘‘(1) evaluate the implementation and results

24 achieved by schools after 3 years of implementing

25 comprehensive school reforms; and
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1 ‘‘(2) assess the effectiveness of comprehensive

2 school reforms in schools with diverse characteristics.

3 ‘‘(c) REPORTS.—Prior to the completion of the na4 tional evaluation, the Secretary shall submit an interim re5 port describing implementation activities for the Com6 prehensive School Reform Program, which began in 1998,

7 to the Committee on Education and the Workforce, and the

8 Committee on Appropriations of the House of Representa9 tives, and the Committee on Health, Education, Labor, and

10 Pensions, and the Committee on Appropriations of the Sen11 ate.

12 ‘‘SEC. 1708. QUALITY INITIATIVES.

13 ‘‘The Secretary, through grants or contracts, shall

14 promote—

15 ‘‘(1) a public-private effort, in which funds are

16 matched by the private sector, to assist States, local

17 educational agencies, and schools, in making in18 formed decisions upon approving or selecting pro19 viders of comprehensive school reform, consistent with

20 the requirements described in section 1706(a); and

21 ‘‘(2) activities to foster the development of com22 prehensive school reform models and to provide effec23 tive capacity building for comprehensive school re24 form providers to expand their work in more schools,

25 assure quality, and promote financial stability.
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1 ‘‘PART H—SCHOOL DROPOUT PREVENTION

2 ‘‘SEC. 1801. SHORT TITLE.

3 ‘‘This part may be cited as the ‘Dropout Prevention

4 Act’.

5 ‘‘SEC. 1802. PURPOSE.

6 ‘‘The purpose of this part is to provide for school drop7 out prevention and reentry and to raise academic achieve8 ment levels by providing grants, to schools through State

9 educational agencies, that—

10 ‘‘(1) challenge all children to attain their highest

11 academic potential; and

12 ‘‘(2) ensure that all students have substantial

13 and ongoing opportunities to do so through

14 schoolwide programs proven effective in school drop15 out prevention.

16 ‘‘Subpart 1—Coordinated National Strategy

17 ‘‘SEC. 1811. NATIONAL ACTIVITIES.

18 ‘‘(a) IN GENERAL.—The Secretary is authorized—

19 ‘‘(1) to collect systematic data on the participa20 tion in the programs described in paragraph (2)(C)

21 of individuals disaggregated within each State, local

22 educational agency, and school by gender, by each

23 major racial and ethnic group, by English proficiency

24 status, by migrant status, by students with disabil25 ities as compared to nondisabled students, and by eco-
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1 nomically disadvantaged students as compared to stu2 dents who are not economically disadvantaged;

3 ‘‘(2) to establish and to consult with an inter4 agency working group that shall—

5 ‘‘(A) address inter- and intra-agency pro6 gram coordination issues at the Federal level

7 with respect to school dropout prevention and

8 middle school and secondary school reentry, and

9 assess the targeting of existing Federal services to

10 students who are most at risk of dropping out of

11 school, and the cost-effectiveness of various pro12 grams and approaches used to address school

13 dropout prevention;

14 ‘‘(B) describe the ways in which State and

15 local agencies can implement effective school

16 dropout prevention programs using funds from a

17 variety of Federal programs, including the pro18 grams under this title; and

19 ‘‘(C) address all Federal programs with

20 school dropout prevention or school reentry ele21 ments or objectives, including programs under

22 this title, programs under subtitle C of title I of

23 the Workforce Investment Act of 1998, and other

24 programs; and
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1 ‘‘(3) carry out a national recognition program

2 in accordance with subsection (b) that recognizes

3 schools that have made extraordinary progress in low4 ering school dropout rates under which a public mid5 dle school or secondary school from each State will be

6 recognized.

7 ‘‘(b) RECOGNITION PROGRAM.—

8 ‘‘(1) NATIONAL GUIDELINES.—The Secretary

9 shall develop uniform national guidelines for the rec10 ognition program that shall be used to recognize

11 schools from nominations submitted by State edu12 cational agencies.

13 ‘‘(2) ELIGIBLE SCHOOLS.—The Secretary may

14 recognize under the recognition program any public

15 middle school or secondary school (including a charter

16 school) that has implemented comprehensive reforms

17 regarding the lowering of school dropout rates for all

18 students at that school.

19 ‘‘(3) SUPPORT.—The Secretary may make mone20 tary awards to schools recognized under the recogni21 tion program in amounts determined by the Sec22 retary. Amounts received under this section shall be

23 used for dissemination activities within the school

24 district or nationally.

25 ‘‘(c) CAPACITY BUILDING.—
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1 ‘‘(1) IN GENERAL.—The Secretary, through a

2 contract with a non-Federal entity, may conduct a

3 capacity building and design initiative in order to

4 increase the types of proven strategies for dropout

5 prevention and reentry that address the needs of an

6 entire school population rather than a subset of stu7 dents.

8 ‘‘(2) NUMBER AND DURATION.—

9 ‘‘(A) NUMBER.—The Secretary may award

10 not more than 5 contracts under this subsection.

11 ‘‘(B) DURATION.—The Secretary may

12 award a contract under this subsection for a pe13 riod of not more than 5 years.

14 ‘‘(d) SUPPORT FOR EXISTING REFORM NETWORKS.—

15 ‘‘(1) IN GENERAL.—The Secretary may provide

16 appropriate support to eligible entities to enable the

17 eligible entities to provide training, materials, devel18 opment, and staff assistance to schools assisted under

19 this chapter.

20 ‘‘(2) DEFINITION OF ELIGIBLE ENTITY.—In this

21 subsection, the term ‘eligible entity’ means an entity

22 that, prior to the date of enactment of the Dropout

23 Prevention Act—
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1 ‘‘(A) provided training, technical assistance,

2 and materials to 100 or more elementary schools

3 or secondary schools; and

4 ‘‘(B) developed and published a specific

5 educational program or design for use by the

6 schools.

7 ‘‘Subpart 2—National School Dropout Prevention

8 Initiative

9 ‘‘SEC. 1821. PROGRAM AUTHORIZED.

10 ‘‘(a) GRANTS.—

11 ‘‘(1) DISCRETIONARY GRANTS.—If the sum ap12 propriated under section 1002(i) for a fiscal year is

13 less than $250,000,000, then the Secretary shall use

14 such sum to award grants, on a competitive basis, to

15 State educational agencies to enable the State edu16 cational agencies to award grants under subsection

17 (b).

18 ‘‘(2) FORMULA.—If the sum appropriated under

19 section 1002(i) for a fiscal year equals or exceeds

20 $250,000,000, then the Secretary shall use such sum

21 to make an allotment to each State in an amount

22 that bears the same relation to the sum as the amount

23 the State received under part A for the preceding fis24 cal year bears to the amount received by all States

25 under such part for the preceding fiscal year.
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1 ‘‘(3) DEFINITION OF STATE.—In this subpart,

2 the term ‘State’ means each of the several States of the

3 United States, the District of Columbia, the Common4 wealth of Puerto Rico, the United States Virgin Is5 lands, Guam, American Samoa, the Commonwealth of

6 the Northern Mariana Islands, the Republic of the

7 Marshall Islands, the Federated States of Micronesia,

8 Republic of Palau, and Bureau of Indian Affairs for

9 purposes of serving schools funded by the Bureau.

10 ‘‘(b) GRANTS.—From amounts made available to a

11 State under subsection (a), the State educational agency

12 may award grants to public middle schools or secondary

13 schools that serve students in grades 6 through 12, that have

14 school dropout rates that are the highest of all school drop15 out rates in the State, to enable the schools to pay only

16 the startup and implementation costs of effective, sustain17 able, coordinated, and whole school dropout prevention pro18 grams that involve activities such as—

19 ‘‘(1) professional development;

20 ‘‘(2) obtaining curricular materials;

21 ‘‘(3) release time for professional staff;

22 ‘‘(4) planning and research;

23 ‘‘(5) remedial education;

24 ‘‘(6) reduction in pupil-to-teacher ratios;
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1 ‘‘(7) efforts to meet State student achievement

2 standards;

3 ‘‘(8) counseling and mentoring for at-risk stu4 dents; and

5 ‘‘(9) comprehensive school reform models.

6 ‘‘(c) AMOUNT.—

7 ‘‘(1) IN GENERAL.—Subject to subsection (d) and

8 except as provided in paragraph (2), a grant under

9 this subpart shall be awarded—

10 ‘‘(A) in the first year that a school receives

11 a grant payment under this subpart, based on

12 factors such as—

13 ‘‘(i) school size;

14 ‘‘(ii) costs of the model or set of preven15 tion and reentry strategies being imple16 mented; and

17 ‘‘(iii) local cost factors such as poverty

18 rates;

19 ‘‘(B) in the second such year, in an amount

20 that is not less than 75 percent of the amount the

21 school received under this subpart in the first

22 such year;

23 ‘‘(C) in the third year, in an amount that

24 is not less than 50 percent of the amount the
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1 school received under this subpart in the first

2 such year; and

3 ‘‘(D) in each succeeding year in an amount

4 that is not less than 30 percent of the amount the

5 school received under this subpart in the first

6 such year.

7 ‘‘(2) INCREASES.—The Secretary shall increase

8 the amount awarded to a school under this subpart

9 by 10 percent if the school creates smaller learning

10 communities within the school and the creation is cer11 tified by the State educational agency.

12 ‘‘(d) DURATION.—A grant under this subpart shall be

13 awarded for a period of 3 years, and may be continued

14 for a period of 2 additional years if the State educational

15 agency determines, based on the annual reports described

16 in section 1827(a), that significant progress has been made

17 in lowering the school dropout rate for students partici18 pating in the program assisted under this subpart com19 pared to students at similar schools who are not partici20 pating in the program.

21 ‘‘SEC. 1822. STRATEGIES AND CAPACITY BUILDING.

22 ‘‘Each school receiving a grant under this subpart

23 shall implement scientifically based research, sustainable,

24 and widely replicated strategies for school dropout preven25 tion and reentry that address the needs of an entire school
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1 population rather than a subset of students. The strategies

2 may include—

3 ‘‘(1) specific strategies for targeted purposes,

4 such as—

5 ‘‘(A) effective early intervention programs

6 designed to identify at-risk students;

7 ‘‘(B) effective programs encompassing tradi8 tionally underserved students, including racial

9 and ethnic minorities and pregnant and par10 enting teenagers, designed to prevent such stu11 dents from dropping out of school; and

12 ‘‘(C) effective programs to identify and en13 courage youth who have already dropped out of

14 school to reenter school and complete their sec15 ondary education; and

16 ‘‘(2) approaches such as breaking larger schools

17 down into smaller learning communities and other

18 comprehensive reform approaches, creating alternative

19 school programs, developing clear linkages to career

20 skills and employment, and addressing specific gate21 keeper hurdles that often limit student retention and

22 academic success.

23 ‘‘SEC. 1823. SELECTION OF SCHOOLS.

24 ‘‘(a) SCHOOL APPLICATION.—
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1 ‘‘(1) IN GENERAL.—Each school desiring a grant

2 under this subpart shall submit an application to the

3 State educational agency at such time, in such man4 ner, and accompanied by such information as the

5 State educational agency may require.

6 ‘‘(2) CONTENTS.—Each application submitted

7 under paragraph (1) shall—

8 ‘‘(A) contain a certification from the local

9 educational agency serving the school that—

10 ‘‘(i) the school has the highest number

11 or rates of school dropouts in the age group

12 served by the local educational agency;

13 ‘‘(ii) the local educational agency is

14 committed to providing ongoing operational

15 support, for the school’s comprehensive re16 form plan to address the problem of school

17 dropouts, for a period of 5 years; and

18 ‘‘(iii) the local educational agency will

19 support the plan, including—

20 ‘‘(I) release time for teacher train21 ing;

22 ‘‘(II) efforts to coordinate activi23 ties for feeder schools; and
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1 ‘‘(III) encouraging other schools

2 served by the local educational agency

3 to participate in the plan;

4 ‘‘(B) demonstrate that the faculty and ad5 ministration of the school have agreed to apply

6 for assistance under this subpart, and provide

7 evidence of the school’s willingness and ability to

8 use the funds under this subpart, including pro9 viding an assurance of the support of 80 percent

10 or more of the professional staff at the school;

11 ‘‘(C) describe the instructional strategies to

12 be implemented, how the strategies will serve all

13 students, and the effectiveness of the strategies;

14 ‘‘(D) describe a budget and timeline for im15 plementing the strategies;

16 ‘‘(E) contain evidence of coordination with

17 existing resources;

18 ‘‘(F) provide an assurance that funds pro19 vided under this subpart will supplement and

20 not supplant other Federal, State, and local

21 funds available for dropout prevention programs;

22 ‘‘(G) describe how the activities to be as23 sisted conform with scientifically based research

24 knowledge about school dropout prevention and

25 reentry; and
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1 ‘‘(H) demonstrate that the school and local

2 educational agency have agreed to conduct a

3 schoolwide program under section 1114.

4 ‘‘(b) STATE AGENCY REVIEW AND AWARD.—The State

5 educational agency shall review applications and award

6 grants to schools under subsection (a) according to a review

7 by a panel of experts on school dropout prevention.

8 ‘‘(c) ELIGIBILITY.—A school is eligible to receive a

9 grant under this subpart if the school is—

10 ‘‘(1) a public school (including a public alter11 native school)—

12 ‘‘(A) that is eligible to receive assistance

13 under part A, including a comprehensive sec14 ondary school, a vocational or technical sec15 ondary school, or a charter school; and

16 ‘‘(B)(i) that serves students 50 percent or

17 more of whom are low-income individuals; or

18 ‘‘(ii) with respect to which the feeder schools

19 that provide the majority of the incoming stu20 dents to the school serve students 50 percent or

21 more of whom are low-income individuals; or

22 ‘‘(2) participating in a schoolwide program

23 under section 1114 during the grant period.

24 ‘‘(d) COMMUNITY-BASED ORGANIZATIONS.—A school

25 that receives a grant under this subpart may use the grant
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1 funds to secure necessary services from a community-based

2 organization, including private sector entities, if—

3 ‘‘(1) the school approves the use;

4 ‘‘(2) the funds are used to provide school dropout

5 prevention and reentry activities related to schoolwide

6 efforts; and

7 ‘‘(3) the community-based organization has dem8 onstrated the organization’s ability to provide effec9 tive services as described in section 122 of the Work10 force Investment Act of 1998.

11 ‘‘(e) COORDINATION.—Each school that receives a

12 grant under this subpart shall coordinate the activities as13 sisted under this subpart with other Federal programs, such

14 as programs assisted under chapter 1 of subpart 2 of part

15 A of title IV of the Higher Education Act of 1965.

16 ‘‘SEC. 1824. DISSEMINATION ACTIVITIES.

17 ‘‘Each school that receives a grant under this part

18 shall provide information and technical assistance to other

19 schools within the school district, including presentations,

20 document-sharing, and joint staff development.

21 ‘‘SEC. 1825. PROGRESS INCENTIVES.

22 ‘‘Notwithstanding any other provision of law, each

23 local educational agency that receives funds under this title

24 shall use such funds to provide assistance to schools served

25 by the agency that have not made progress toward lowering
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1 school dropout rates after receiving assistance under this

2 subpart for 2 fiscal years.

3 ‘‘SEC. 1826. SCHOOL DROPOUT RATE CALCULATION.

4 ‘‘For purposes of calculating a school dropout rate

5 under this subpart, a school shall use—

6 ‘‘(1) the annual event school dropout rate for stu7 dents leaving a school in a single year determined in

8 accordance with the National Center for Education

9 Statistics’ Common Core of Data, if available; or

10 ‘‘(2) in other cases, a standard method for calcu11 lating the school dropout rate as determined by the

12 State educational agency.

13 ‘‘SEC. 1827. REPORTING AND ACCOUNTABILITY.

14 ‘‘(a) REPORTING.—To receive funds under this subpart

15 for a fiscal year after the first fiscal year that a school re16 ceives funds under this subpart, the school shall provide,

17 on an annual basis, to the Secretary and the State edu18 cational agency a report regarding the status of the imple19 mentation of activities funded under this subpart, the out20 come data for students at schools assisted under this subpart

21 disaggregated in the same manner as information under

22 section 1811(a) (such as dropout rates), and a certification

23 of progress from the eligible entity whose strategies the

24 school is implementing.
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1 ‘‘(b) ACCOUNTABILITY.—On the basis of the reports

2 submitted under subsection (a), the Secretary shall evaluate

3 the effect of the activities assisted under this subpart on

4 school dropout prevention compared to a control group.

5 ‘‘SEC. 1828. STATE RESPONSIBILITIES.

6 ‘‘(a) UNIFORM DATA COLLECTION.—Within 1 year

7 after the date of enactment of the Dropout Prevention Act,

8 a State educational agency that receives funds under this

9 subpart shall report to the Secretary and statewide, all

10 school district and school data regarding school dropout

11 rates in the State disaggregated in the same manner as in12 formation under section 1811(a), according to procedures

13 that conform with the National Center for Education Sta14 tistics’ Common Core of Data.

15 ‘‘(b) ATTENDANCE-NEUTRAL FUNDING POLICIES.—

16 Within 2 years after the date of enactment of the Dropout

17 Prevention Act, a State educational agency that receives

18 funds under this subpart shall develop and implement edu19 cation funding formula policies for public schools that pro20 vide appropriate incentives to retain students in school

21 throughout the school year, such as—

22 ‘‘(1) a student count methodology that does not

23 determine annual budgets based on attendance on a

24 single day early in the academic year; and
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1 ‘‘(2) specific incentives for retaining enrolled stu2 dents throughout each year.

3 ‘‘(c) SUSPENSION AND EXPULSION POLICIES.—Within

4 2 years after the date of enactment of the Dropout Preven5 tion Act, a State educational agency that receives funds

6 under this subpart shall develop uniform, long-term suspen7 sion and expulsion policies (that in the case of a child with

8 a disability are consistent with the suspension and expul9 sion policies under the Individuals with Disabilities Edu10 cation Act) for serious infractions resulting in more than

11 10 days of exclusion from school per academic year so that

12 similar violations result in similar penalties.

13 ‘‘(d) REGULATIONS.—The Secretary shall promulgate

14 regulations implementing subsections (a) through (c).

15 ‘‘Subpart 3—Definitions; Authorization of

16 Appropriations

17 ‘‘SEC. 1831. DEFINITIONS.

18 ‘‘In this part:

19 ‘‘(1) LOW-INCOME.—The term ‘low-income’, used

20 with respect to an individual, means an individual

21 determined to be low-income in accordance with

22 measures described in section 1113(a)(5).

23 ‘‘(2) SCHOOL DROPOUT.—The term ‘school drop24 out’ means a youth who is no longer attending any
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1 school and who has not received a secondary school

2 diploma or its recognized equivalent.’’.

3 PART G—EDUCATION FOR HOMELESS CHILDREN

4 AND YOUTH

5 SEC. 171. STATEMENT OF POLICY.

6 Section 721(3) of the Stewart B. McKinney Homeless

7 Assistance Act (42 U.S.C. 11431(3)) is amended by striking

8 ‘‘should not be’’ and inserting ‘‘is not’’.

9 SEC. 172. GRANTS FOR STATE AND LOCAL ACTIVITIES.

10 Section 722 of such Act (42 U.S.C. 11432) is

11 amended—

12 (1) in subsection (c)—

13 (A) in paragraph (2)(A)—

14 (i) by inserting ‘‘and’’ after ‘‘Samoa,’’;

15 and

16 (ii) by striking ‘‘, and Palau’’ and all

17 that follows through ‘‘Palau)’’; and

18 (B) in paragraph (3)—

19 (i) by inserting ‘‘or’’ after ‘‘Samoa,’’;

20 and

21 (ii) by striking ‘‘, or Palau’’;

22 (2) in subsection (e), by adding at the end the

23 following:

24 ‘‘(3) PROHIBITION ON SEGREGATING HOMELESS

25 STUDENTS.—
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1 ‘‘(A) IN GENERAL.—Except as provided in

2 subparagraph (B) and section 723(a)(2)(B)(ii),

3 in providing a free public education to a home4 less child or youth, no State receiving funds

5 under this subtitle shall segregate such child or

6 youth, either in a separate school, or in a sepa7 rate program within a school, based on such

8 child’s or youth’s status as homeless.

9 ‘‘(B) EXCEPTION.—Notwithstanding sub10 paragraph (A), paragraphs (1)(H) and (3) of

11 subsection (g), section 723(a)(2), and any other

12 provision of this subtitle relating to the place13 ment of homeless children or youth in schools, a

14 State that has a separate school for homeless

15 children or youth that was operated in fiscal

16 year 2000 in a covered county shall be eligible

17 to receive funds under this subtitle for programs

18 carried out in such school if—

19 ‘‘(i) the school meets the requirements

20 of subparagraph (C);

21 ‘‘(ii) any local educational agency

22 serving a school that the homeless children

23 and youth enrolled in the separate school

24 are eligible to attend meets the requirements

25 of subparagraph (E); and
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1 ‘‘(iii) the State is otherwise eligible to

2 receive funds under this subtitle.

3 ‘‘(C) SCHOOL REQUIREMENTS.—For the

4 State to be eligible to receive the funds, the school

5 shall—

6 ‘‘(i) provide written notice, at the time

7 any child or youth seeks enrollment in such

8 school, and at least twice annually while the

9 child or youth is enrolled in such school, to

10 the parent or guardian of the child or youth

11 (or, in the case of an unaccompanied youth,

12 the youth) that—

13 ‘‘(I) shall be signed by the parent

14 or guardian (or, in the case of an un15 accompanied youth, the youth);

16 ‘‘(II) reviews the general rights

17 provided under this subtitle; and

18 ‘‘(III) specifically states—

19 ‘‘(aa) the choice of schools

20 homeless children and youth are

21 eligible to attend, as provided in

22 subsection (g)(3)(A);

23 ‘‘(bb) that no homeless child

24 or youth is required to attend a
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1 separate school for homeless chil2 dren or youth;

3 ‘‘(cc) that homeless children

4 and youth shall be provided com5 parable services described in sub6 section (g)(4), including transpor7 tation services, educational serv8 ices, and meals through school

9 meals programs;

10 ‘‘(dd) that homeless children

11 and youth should not be stig12 matized by school personnel; and

13 ‘‘(ee) contact information for

14 the local liaison for homeless chil15 dren and youth and State Coordi16 nator for Education of Homeless

17 Children and Youth;

18 ‘‘(ii)(aa) provide assistance to the par19 ent or guardian of each homeless child or

20 youth (or, in the case of an unaccompanied

21 youth, the youth) to exercise the right to at22 tend the parent’s or guardian’s (or youth’s)

23 choice of schools, as provided in subsection

24 (g)(3)(A); and
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1 ‘‘(bb) coordinate with the local edu2 cational agency with jurisdiction for the

3 school selected by the parent or guardian

4 (or youth), to provide transportation and

5 other necessary services;

6 ‘‘(iii) ensure that the parent or guard7 ian (or youth) shall receive the information

8 required by this subparagraph in a manner

9 and form understandable to such parent or

10 guardian (or youth), including, if necessary

11 and to the extent feasible, in the native lan12 guage of such parent or guardian (or

13 youth); and

14 ‘‘(iv) demonstrate in the school’s appli15 cation for funds under this subtitle that

16 such school—

17 ‘‘(I) is complying with clauses (i)

18 and (ii); and

19 ‘‘(II) is meeting (as of the date of

20 submission of the application) the

21 same Federal and State standards, reg22 ulations, and mandates as other public

23 schools in the State (such as complying

24 with sections 1111 and 1116 of the El25 ementary and Secondary Education
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1 Act of 1965 and providing a full range

2 of education and related services, in3 cluding services applicable to students

4 with disabilities).

5 ‘‘(D) SCHOOL INELIGIBILITY.—A separate

6 school described in subparagraph (B) that fails

7 to meet the standards, regulations, and mandates

8 described in subparagraph (C)(iv)(II) shall not

9 be eligible to receive funds under this subtitle for

10 programs carried out in such school after the

11 first date of such failure.

12 ‘‘(E) LOCAL EDUCATIONAL AGENCY RE13 QUIREMENTS.—For the State to be eligible to re14 ceive the funds described in subparagraph (B),

15 the local educational agency described in sub16 paragraph (B) shall—

17 ‘‘(i) implement a coordinated system

18 for ensuring that homeless children and

19 youth—

20 ‘‘(I) are advised of the choice of

21 schools provided in subsection

22 (g)(3)(A);

23 ‘‘(II) are immediately enrolled in

24 the school selected in accordance with

25 subsection (g)(3)(C); and
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1 ‘‘(III) are provided necessary

2 services, including transportation,

3 promptly to allow homeless children

4 and youth to exercise their choices of

5 schools in accordance with subsection

6 (g)(4);

7 ‘‘(ii) document that written notice has

8 been provided—

9 ‘‘(I) in accordance with subpara10 graph (C)(i) for each child or youth

11 enrolled in a separate school described

12 in subparagraph (B); and

13 ‘‘(II) in accordance with sub14 section (g)(1)(H)(ii);

15 ‘‘(iii) prohibit schools within the agen16 cy’s jurisdiction from referring homeless

17 children or youth to, or requiring homeless

18 children and youth to enroll in or attend, a

19 separate school described in subparagraph

20 (B);

21 ‘‘(iv) identify and remove any barriers

22 that exist in schools within the agency’s ju23 risdiction that may have contributed to the

24 creation or existence of separate schools de25 scribed in subparagraph (B); and
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1 ‘‘(v) not use funds received under this

2 subtitle to establish—

3 ‘‘(I) new or additional separate

4 schools for homeless children or youth,

5 other than schools described in sub6 paragraph (B); or

7 ‘‘(II) new or additional sites for

8 separate schools for homeless children

9 or youth, other than the sites occupied

10 by the schools described in subpara11 graph (B) in fiscal year 2000.

12 ‘‘(F) REPORT.—

13 ‘‘(i) PREPARATION.—

14 ‘‘(I) IN GENERAL.—The Secretary

15 shall prepare a report on the separate

16 schools and local educational agencies

17 described in subparagraph (B) that re18 ceive funds under this subtitle in ac19 cordance with this paragraph.

20 ‘‘(II) CONTENTS.—The report

21 shall contain, at a minimum, informa22 tion on—

23 ‘‘(aa) compliance with all re24 quirements of this paragraph;
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1 ‘‘(bb) barriers to school access

2 in the school districts served by

3 the local educational agencies; and

4 ‘‘(cc) the progress the sepa5 rate schools are making in inte6 grating homeless children and

7 youth into the mainstream school

8 environment, including the aver9 age length of student enrollment

10 in such schools.

11 ‘‘(ii) COMPLIANCE WITH INFORMATION

12 REQUESTS.—For purposes of enabling the

13 Secretary to prepare the report, the separate

14 schools and local educational agencies shall

15 cooperate with the Secretary and the State

16 Coordinators for the Education of Homeless

17 Children and Youth, and shall comply with

18 any requests for information by the Sec19 retary and State Coordinators.

20 ‘‘(iii) SUBMISSION.—Not later than 2

21 years after the date of enactment of the Bet22 ter Education for Students and Teachers

23 Act, the Secretary shall submit the report

24 described in clause (i) to—

25 ‘‘(I) the President;
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1 ‘‘(II) the Committee on Education

2 and the Workforce of the House of Rep3 resentatives; and

4 ‘‘(III) the Committee on Health,

5 Education, Labor, and Pensions of the

6 Senate.

7 ‘‘(G) DEFINITION.—In this paragraph, the

8 term ‘covered county’ means—

9 ‘‘(i) San Joaquin County, CA;

10 ‘‘(ii) Orange County, CA;

11 ‘‘(iii) San Diego County, CA; and

12 ‘‘(iv) Maricopa County, AZ.’’;

13 (3) by amending subsection (f) to read as follows:

14 ‘‘(f) FUNCTIONS OF THE OFFICE OF COORDINATOR.—

15 The Coordinator of Education of Homeless Children and

16 Youth established in each State shall—

17 ‘‘(1) gather reliable, valid, and comprehensive

18 information on the nature and extent of the problems

19 homeless children and youth have in gaining access to

20 public preschool programs and to public elementary

21 schools and secondary schools, the difficulties in iden22 tifying the special needs of such children and youth,

23 any progress made by the State educational agency

24 and local educational agencies in the State in ad25 dressing such problems and difficulties, and the suc-
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1 cess of the program under this subtitle in allowing

2 homeless children and youth to enroll in, attend, and

3 succeed in, school;

4 ‘‘(2) develop and carry out the State plan de5 scribed in subsection (g);

6 ‘‘(3) collect and transmit to the Secretary, at

7 such time and in such manner as the Secretary may

8 require, such information as the Secretary deems nec9 essary to assess the educational needs of homeless chil10 dren and youth within the State;

11 ‘‘(4) facilitate coordination between the State

12 educational agency, the State social services agency,

13 and other agencies providing services to homeless chil14 dren and youth, including homeless children and

15 youth who are preschool age, and families of such

16 children and youth;

17 ‘‘(5) in order to improve the provision of com18 prehensive education and related services to homeless

19 children and youth and their families, coordinate and

20 collaborate with—

21 ‘‘(A) educators, including child development

22 and preschool program personnel;

23 ‘‘(B) providers of services to homeless and

24 runaway children and youth and homeless fami25 lies (including domestic violence agencies, shelter
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1 operators, transitional housing facilities, run2 away and homeless youth centers, and transi3 tional living programs for homeless youth);

4 ‘‘(C) local educational agency liaisons for

5 homeless children and youth; and

6 ‘‘(D) community organizations and groups

7 representing homeless children and youth and

8 their families; and

9 ‘‘(6) provide technical assistance to local edu10 cational agencies in coordination with local liaisons

11 established under this subtitle, to ensure that local

12 educational agencies comply with the requirements of

13 section 722(e)(3).’’; and

14 (4) in subsection (g)—

15 (A) in paragraph (1)—

16 (i) in subparagraph (E)—

17 (I) by striking ‘‘the report’’ and

18 inserting ‘‘the information’’; and

19 (II) by striking ‘‘(f)(4)’’ and in20 serting ‘‘(f)(3)’’; and

21 (ii) by amending subparagraph (H) to

22 read as follows:

23 ‘‘(H) contain assurances that—

24 ‘‘(i) the State educational agency and

25 local educational agencies in the State will
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1 adopt policies and practices to ensure that

2 homeless children and youth are not seg3 regated on the basis of their status as home4 less or stigmatized; and

5 ‘‘(ii) local educational agencies serving

6 school districts in which homeless children

7 and youth reside or attend school will—

8 ‘‘(I) post public notice of the edu9 cational rights of such children and

10 youth where such children and youth

11 receive services under this Act (such as

12 family shelters and soup kitchens); and

13 ‘‘(II) designate an appropriate

14 staff person, who may also be a coordi15 nator for other Federal programs, as a

16 liaison for homeless children and

17 youth.’’;

18 (B) by amending paragraph (3) to read as

19 follows:

20 ‘‘(3) LOCAL EDUCATIONAL AGENCY REQUIRE21 MENTS.—

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

23 agency serving a homeless child or youth assisted

24 under this subtitle shall, according to the child’s

25 or youth’s best interest—
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1 ‘‘(i) continue the child’s or youth’s edu2 cation in the school of origin—

3 ‘‘(I) for the duration of their

4 homelessness;

5 ‘‘(II) if the child becomes perma6 nently housed, for the remainder of the

7 academic year; or

8 ‘‘(III) in any case in which a

9 family becomes homeless between aca10 demic years, for the following academic

11 year; or

12 ‘‘(ii) enroll the child or youth in any

13 school that nonhomeless students who live in

14 the attendance area in which the child or

15 youth is actually living are eligible to at16 tend.

17 ‘‘(B) BEST INTEREST.—In determining the

18 best interest of the child or youth under subpara19 graph (A), the local educational agency shall—

20 ‘‘(i) to the extent feasible, keep a home21 less child or youth in the school of origin,

22 except when doing so is contrary to the

23 wishes of the child’s or youth’s parent or

24 guardian, or in the case of an unaccom-
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1 panied youth, doing so is contrary to the

2 youth’s wish; and

3 ‘‘(ii) provide a written explanation to

4 the homeless child’s or youth’s parent or

5 guardian when the local educational agency

6 sends such child or youth to a school other

7 than the school of origin or a school re8 quested by the parent or guardian.

9 ‘‘(C) ENROLLMENT.—

10 ‘‘(i) DOCUMENTATION.—The school se11 lected in accordance with this paragraph

12 shall immediately enroll the homeless child

13 or youth even if the child or youth is unable

14 to produce records normally required for en15 rollment, such as previous academic records,

16 medical records, proof of residency, or other

17 documentation.

18 ‘‘(ii) SPECIAL RULE.—The enrolling

19 school immediately shall contact the school

20 last attended by the child or youth to obtain

21 relevant academic and other records. If the

22 child or youth needs to obtain immuniza23 tions, the enrolling school shall promptly

24 refer the child or youth to the appropriate

25 authorities for such immunizations.
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1 ‘‘(iii) DISPUTES.—If a dispute arises

2 over school selection or enrollment in a

3 school, the child or youth shall be admitted

4 immediately to the school in which the par5 ent or guardian (or in the case of an unac6 companied youth, the youth) seeks enroll7 ment pending resolution of the dispute.

8 ‘‘(D) DEFINITION OF SCHOOL OF ORIGIN.—

9 For purposes of this paragraph, the term ‘school

10 of origin’ means the school that the child or

11 youth attended when permanently housed, or the

12 school in which the child or youth was last en13 rolled.

14 ‘‘(E) PLACEMENT CHOICE.—The choice re15 garding placement shall be made regardless of

16 whether the child or youth lives with the home17 less parents or has been temporarily placed else18 where by the parents.’’;

19 (C) by amending paragraph (6) to read as

20 follows:

21 ‘‘(6) COORDINATION.—

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

23 agency serving homeless children and youth that

24 receives assistance under this subtitle shall co25 ordinate the provision of services under this sub-
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1 title with local services agencies and other agen2 cies or programs providing services to homeless

3 children and youth and their families, including

4 services and programs funded under the Run5 away and Homeless Youth Act (42 U.S.C. 5701

6 et seq.).

7 ‘‘(B) HOUSING ASSISTANCE.—If applicable,

8 each State and local educational agency that re9 ceives assistance under this subtitle shall coordi10 nate with State and local housing agencies re11 sponsible for developing the comprehensive hous12 ing affordability strategy described in section

13 105 of the Cranston-Gonzales National Afford14 able Housing Act (42 U.S.C. 12705) to minimize

15 educational disruption for children and youth

16 who become homeless.

17 ‘‘(C) COORDINATION PURPOSE.—The coordi18 nation required under subparagraphs (A) and

19 (B) shall be designed to—

20 ‘‘(i) ensure that homeless children and

21 youth have access to available education

22 and related support services; and

23 ‘‘(ii) raise the awareness of school per24 sonnel and service providers of the effects of

25 short-term stays in shelters and other chal-
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1 lenges associated with homeless children and

2 youth.’’;

3 (D) by amending paragraph (7) to read as

4 follows:

5 ‘‘(7) LIAISON.—

6 ‘‘(A) IN GENERAL.—Each local liaison for

7 homeless children and youth designated pursuant

8 to paragraph (1)(H)(ii)(II) shall ensure that—

9 ‘‘(i) homeless children and youth en10 roll, and have a full and equal opportunity

11 to succeed, in the schools of the local edu12 cational agency;

13 ‘‘(ii) homeless families, children, and

14 youth receive educational services for which

15 such families, children, and youth are eligi16 ble, including Head Start and Even Start

17 programs and preschool programs adminis18 tered by the local educational agency, and

19 referrals to health care services, dental serv20 ices, mental health services, and other ap21 propriate services;

22 ‘‘(iii) the parents or guardians of

23 homeless children and youth are informed of

24 the education and related opportunities

25 available to their children and are provided
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1 with meaningful opportunities to partici2 pate in the education of their children; and

3 ‘‘(iv) public notice of the educational

4 rights of homeless children and youth is

5 posted where such children and youth re6 ceive services under this Act (such as family

7 shelters and soup kitchens).

8 ‘‘(B) INFORMATION.—State coordinators in

9 States receiving assistance under this subtitle

10 and local educational agencies receiving assist11 ance under this subtitle shall inform school per12 sonnel, service providers, and advocates working

13 with homeless families of the duties of the liai14 sons for homeless children and youth.

15 ‘‘(C) LOCAL AND STATE COORDINATION.—

16 Liaisons for homeless children and youth shall,

17 as a part of their duties, coordinate and collabo18 rate with State coordinators and community

19 and school personnel responsible for the provision

20 of education and related services to homeless chil21 dren and youth.

22 ‘‘(D) DISPUTE RESOLUTION.—Unless an23 other individual is designated by State law, the

24 local liaison for homeless children and youth

25 shall provide resource information and assist in
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1 resolving a dispute under this subtitle if such a

2 dispute arises.’’; and

3 (E) by striking paragraph (9).

4 SEC. 173. LOCAL EDUCATIONAL AGENCY GRANTS.

5 Section 723 of such Act (42 U.S.C. 11433) is

6 amended—

7 (1) in subsection (a), by amending paragraph

8 (2) to read as follows:

9 ‘‘(2) SERVICES.—

10 ‘‘(A) IN GENERAL.—Services provided

11 under paragraph (1)—

12 ‘‘(i) may be provided through pro13 grams on school grounds or at other facili14 ties;

15 ‘‘(ii) shall, to the maximum extent

16 practicable, be provided through existing

17 programs and mechanisms that integrate

18 homeless individuals with nonhomeless indi19 viduals; and

20 ‘‘(iii) shall be designed to expand or

21 improve services provided as part of a

22 school’s regular academic program, but not

23 replace that program.
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1 ‘‘(B) SERVICES ON SCHOOL GROUNDS.—If

2 services under paragraph (1) are provided on

3 school grounds, schools—

4 ‘‘(i) may use funds under this subtitle

5 to provide the same services to other chil6 dren and youth who are determined by the

7 local educational agency to be at risk of

8 failing in, or dropping out of, schools, sub9 ject to clause (ii); and

10 ‘‘(ii) shall not provide services in set11 tings within a school that segregates home12 less children and youth from other children

13 and youth, except as is necessary for short

14 periods of time—

15 ‘‘(I) for health and safety emer16 gencies; or

17 ‘‘(II) to provide temporary, spe18 cial, supplementary services to meet

19 the unique needs of homeless children

20 and youth.’’;

21 (2) in subsection (b)—

22 (A) by redesignating paragraphs (1)

23 through (4) as paragraphs (2) through (5), re24 spectively;
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1 (B) by inserting before paragraph (2) (as so

2 redesignated) the following:

3 ‘‘(1) an assessment of the educational and related

4 needs of homeless children and youth in the school

5 district (which may be undertaken as a part of needs

6 assessments for other disadvantaged groups);’’; and

7 (C) in paragraph (4) (as so redesignated),

8 by striking ‘‘(9)’’ and inserting ‘‘(8)’’; and

9 (3) in subsection (c)—

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

11 follows:

12 ‘‘(1) IN GENERAL.—The State educational agen13 cy, in accordance with the requirements of this sub14 title and from amounts made available to the State

15 educational agency under section 726, shall award

16 grants, on a competitive basis, to local educational

17 agencies that submit applications under subsection

18 (b). Such grants shall be awarded on the basis of the

19 need of such agencies for assistance under this subtitle

20 and the quality of the applications submitted.’’;

21 (B) by redesignating paragraph (3) as

22 paragraph (4); and

23 (C) by inserting after paragraph (2) the fol24 lowing:
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1 ‘‘(3) QUALITY.—In determining the quality of

2 applications under paragraph (1), the State edu3 cational agency shall consider—

4 ‘‘(A) the local educational agency’s needs

5 assessment under subsection (b)(1) and the likeli6 hood that the program to be assisted will meet

7 the needs;

8 ‘‘(B) the types, intensity, and coordination

9 of services to be assisted under the program;

10 ‘‘(C) the involvement of parents or guard11 ians;

12 ‘‘(D) the extent to which homeless children

13 and youth will be integrated within the regular

14 education program;

15 ‘‘(E) the quality of the local educational

16 agency’s evaluation plan for the program;

17 ‘‘(F) the extent to which services provided

18 under this subtitle will be coordinated with other

19 available services;

20 ‘‘(G) the extent to which the local edu21 cational agency provides case management or re22 lated services to homeless children and youth who

23 are unaccompanied by a parent or guardian;

24 and
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1 ‘‘(H) such other measures as the State edu2 cational agency determines indicative of a high3 quality program.’’.

4 SEC. 174. SECRETARIAL RESPONSIBILITIES.

5 Section 724 of such Act (42 U.S.C. 11434) is

6 amended—

7 (1) in subsection (a), by striking ‘‘the State edu8 cational’’ and inserting ‘‘State educational’’;

9 (2) by striking subsection (f);

10 (3) by redesignating subsections (c) through (e)

11 as subsections (d) through (f), respectively;

12 (4) by inserting after subsection (b) the fol13 lowing:

14 ‘‘(c) GUIDELINES.—The Secretary shall develop, issue,

15 and publish in the Federal Register, not later than 60 days

16 after the date of enactment of the Better Education for Stu17 dents and Teachers Act, school enrollment guidelines for

18 States with respect to homeless children and youth. The

19 guidelines shall describe—

20 ‘‘(1) successful ways in which a State may assist

21 local educational agencies to enroll immediately

22 homeless children and youth in school; and

23 ‘‘(2) how a State can review the State’s require24 ments regarding immunization and medical or school

25 records and make revisions to the requirements as are
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1 appropriate and necessary in order to enroll homeless

2 children and youth in school more quickly.’’; and

3 (5) by adding at the end the following:

4 ‘‘(g) INFORMATION.—

5 ‘‘(1) IN GENERAL.—From funds appropriated

6 under section 726, the Secretary, directly or through

7 grants, contracts, or cooperative agreements, shall pe8 riodically collect and disseminate data and informa9 tion regarding—

10 ‘‘(A) the number and location of homeless

11 children and youth;

12 ‘‘(B) the education and related services

13 homeless children and youth receive;

14 ‘‘(C) the extent to which the needs of home15 less children and youth are met; and

16 ‘‘(D) such other data and information as

17 the Secretary determines necessary and relevant

18 to carry out this subtitle.

19 ‘‘(2) COORDINATION.—The Secretary shall co20 ordinate such collection and dissemination with other

21 agencies and entities that receive assistance and ad22 minister programs under this subtitle.

23 ‘‘(h) REPORT.—Not later than 4 years after the date

24 of enactment of the Better Education for Students and

25 Teachers Act, the Secretary shall prepare and submit to the
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1 President and the appropriate committees of the House of

2 Representatives and the Senate a report on the status of

3 the education of homeless children and youth, which shall

4 include information regarding—

5 ‘‘(1) the education of homeless children and

6 youth; and

7 ‘‘(2) the actions of the Department of Education

8 and the effectiveness of the programs supported under

9 this subtitle.’’.

10 SEC. 175. DEFINITIONS.

11 Section 725 of such Act (42 U.S.C. 11434a) is

12 amended—

13 (1) by redesignating paragraphs (1) and (2) as

14 paragraphs (4) and (5), respectively;

15 (2) by inserting before paragraph (4) (as so re16 designated) the following:

17 ‘‘(1) the term ‘homeless children and youth’—

18 ‘‘(A) means individuals who lack a fixed,

19 regular, and adequate nighttime residence (with20 in the meaning of section 103(a)(1)); and

21 ‘‘(B) includes—

22 ‘‘(i) children and youth who are shar23 ing the housing of other persons due to loss

24 of housing, economic hardship, or a similar

25 reason, are living in motels, hotels, trailer
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1 parks, or camping grounds due to the lack

2 of alternative adequate accommodations, are

3 living in emergency or transitional shelters,

4 are abandoned in hospitals, or are awaiting

5 foster care placement;

6 ‘‘(ii) children and youth who have a

7 primary nighttime residence that is a pub8 lic or private place not designed for or ordi9 narily used as a regular sleeping accommo10 dation for human beings (within the mean11 ing of section 103(a)(2)(C)); and

12 ‘‘(iii) children and youth who are liv13 ing in cars, parks, public spaces, abandoned

14 buildings, substandard housing, bus or

15 train stations, or similar settings; and

16 ‘‘(C) migratory children (as such term is

17 defined in section 1309(2) of the Elementary and

18 Secondary Education Act of 1965) who qualify

19 as homeless for the purposes of this subtitle be20 cause the children are living in circumstances

21 described in this paragraph;

22 ‘‘(2) the terms ‘enroll’ and ‘enrollment’ include

23 attending classes and participating fully in school ac24 tivities;
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1 ‘‘(3) the terms ‘local educational agency’ and

2 ‘State educational agency’ have the meanings given

3 the terms in section 3 of the Elementary and Sec4 ondary Education Act of 1965;’’;

5 (3) in paragraph (4) (as so redesignated), by

6 striking ‘‘and’’ after the semicolon;

7 (4) in paragraph (5) (as so redesignated), by

8 striking the period and inserting ‘‘; and’’; and

9 (5) by adding at the end the following:

10 ‘‘(6) the term ‘unaccompanied youth’ includes a

11 youth not in the physical custody of a parent or

12 guardian.’’.

13 SEC. 176. AUTHORIZATION OF APPROPRIATIONS.

14 Section 726 of such Act (42 U.S.C. 11435) is amended

15 to read as follows:

16 ‘‘SEC. 726. AUTHORIZATION OF APPROPRIATIONS.

17 ‘‘For the purpose of carrying out this subtitle, there

18 are authorized to be appropriated $70,000,000 for fiscal

19 year 2002 and such sums as may be necessary for each of

20 the 6 succeeding fiscal years.’’.

21 SEC. 177. CONFORMING AMENDMENTS.

22 (a) GRANTS FOR STATE AND LOCAL ACTIVITIES.—Sec23 tion 722 of the Stewart B. McKinney Homeless Assistance

24 Act (42 U.S.C. 11432) is amended—
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1 (1) in subsection (c)(1), by striking ‘‘section

2 724(c)’’ and inserting ‘‘section 724(d)’’; and

3 (2) in subsection (g)(2), by striking ‘‘paragraphs

4 (3) through (9)’’ and inserting ‘‘paragraphs (3)

5 through (8)’’.

6 (b) LOCAL EDUCATIONAL AGENCY GRANTS.—Section

7 723(b)(3) of such Act (42 U.S.C. 11433(b)(3)) is amended

8 by striking ‘‘paragraphs (3) through (9) of section 722(g)’’

9 and inserting ‘‘paragraphs (3) through (8) of section

10 722(g)’’.

11 (c) SECRETARIAL RESPONSIBILITIES.—Section 724(f)

12 of such Act (as amended by section 174(3)) is amended by

13 striking ‘‘subsection (d)’’ and inserting ‘‘subsection (e)’’.

14 SEC. 178. LOCAL EDUCATIONAL AGENCY SPENDING AUDITS.

15 (a) AUDITS.—The Office of the Inspector General of

16 the Department of Education shall conduct not less than

17 6 audits of local education agencies that receive funds under

18 part A of title I of the Elementary and Secondary Edu19 cation Act of 1965 in each fiscal year to more clearly deter20 mine specifically how local education agencies are expend21 ing such funds. Such audits shall be conducted in 6 local

22 educational agencies that represent the size, ethnic, eco23 nomic and geographic diversity of local educational agen24 cies and shall examine the extent to which funds have been

25 expended for academic instruction in the core curriculum
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1 and activities unrelated to academic instruction in the core

2 curriculum, such as the payment of janitorial, utility and

3 other maintenance services, the purchase and lease of vehi4 cles, and the payment for travel and attendance costs at

5 conferences.

6 (b) REPORT.—Not later than 3 months after the com7 pletion of the audits under subsection (a) in each year, the

8 Office of the Inspector General of the Department of Edu9 cation shall submit a report on each audit to the Committee

10 on Education and the Workforce of the House of Representa11 tives and the Committee on Health, Education, Labor and

12 Pensions of the Senate.

13 TITLE II—TEACHERS

14 SEC. 201. TEACHER QUALITY.

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

16 as follows:

17 ‘‘TITLE II—TEACHERS

18 ‘‘PART A—TEACHER QUALITY

19 ‘‘SEC. 2101. PURPOSE.

20 ‘‘The purpose of this part is to provide grants to State

21 educational agencies, local educational agencies, State

22 agencies for higher education, and eligible partnerships in

23 order to—

24 ‘‘(1) increase student academic achievement and

25 student performance through such strategies as im-
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1 proving teacher quality and increasing the number of

2 highly qualified teachers in the classroom;

3 ‘‘(2) hold local educational agencies and schools

4 accountable so that all teachers teaching core aca5 demic subjects in public elementary schools and sec6 ondary schools, in which not less than 50 percent of

7 the students are from low-income families, are highly

8 qualified; and

9 ‘‘(3) hold local educational agencies and schools

10 accountable for improvements in student academic

11 achievement and student performance.

12 ‘‘SEC. 2102. DEFINITIONS.

13 ‘‘In this part:

14 ‘‘(1) ALL STUDENTS.—The term ‘all students’

15 means students from a broad range of backgrounds

16 and circumstances, including economically disadvan17 taged students, students with diverse racial, ethnic,

18 and cultural backgrounds, students with disabilities,

19 students with limited English proficiency, and aca20 demically talented students.

21 ‘‘(2) CHARTER SCHOOL.—The term ‘charter

22 school’ has the meaning given the term in section

23 5120.

24 ‘‘(3) CORE ACADEMIC SUBJECTS.—The term ‘core

25 academic subjects’ means English, mathematics,
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1 science, foreign languages, civics and government, eco2 nomics, arts, history, and geography.

3 ‘‘(4) HIGHLY QUALIFIED.—The term ‘highly

4 qualified’ means—

5 ‘‘(A) with respect to an elementary school

6 teacher, a teacher—

7 ‘‘(i)(I) with an academic major in the

8 arts and sciences; or

9 ‘‘(II) who can demonstrate competence

10 through a high level of performance in core

11 academic subjects; and

12 ‘‘(ii) who is certified or licensed by the

13 State involved, except for a teacher in a

14 charter school in a State that has a charter

15 school law that exempts such a teacher from

16 State certification and licensing require17 ments;

18 ‘‘(B) with respect to a secondary school

19 teacher hired before the date of enactment of the

20 Better Education for Students and Teachers Act,

21 a teacher—

22 ‘‘(i)(I) with an academic major (or

23 courses totaling an equivalent number of

24 credit hours) in the academic subject that

25 the teacher teaches or a related field;
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1 ‘‘(II) who can demonstrate a high level

2 of competence through rigorous academic

3 subject tests and achievement of a high level

4 of competence as described in subclause

5 (III); or

6 ‘‘(III) who can demonstrate a high

7 level of competence through a high level of

8 performance in the academic subjects that

9 the teacher teaches, based on a high and ob10 jective uniform standard that is—

11 ‘‘(aa) set by the State for both

12 grade appropriate academic subject

13 knowledge and teaching skills;

14 ‘‘(bb) the same for all teachers in

15 the same academic subject and same

16 grade level throughout the State; and

17 ‘‘(cc) a written standard that is

18 developed in consultation with teach19 ers, parents, principals, and school ad20 ministrators and made available to the

21 public upon request; and

22 ‘‘(ii) who is certified or licensed by the

23 State, except for a teacher in a charter

24 school in a State that has a charter school

25 law that exempts such a teacher from State
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1 certification and licensing requirements;

2 and

3 ‘‘(C) with respect to a secondary school

4 teacher hired after the date of enactment of the

5 Better Education for Students and Teachers Act,

6 a teacher that meets the requirements of sub7 clause (I) or (II) of subparagraph (B)(i).

8 ‘‘(5) HIGH NEED LOCAL EDUCATIONAL AGEN9 CY.—The term ‘high need local educational agency’

10 has the meaning given the term in section 201(b) of

11 the Higher Education Act of 1965.

12 ‘‘(6) INSTITUTION OF HIGHER EDUCATION.—The

13 term ‘institution of higher education’ has the meaning

14 given the term in section 101(a) of the Higher Edu15 cation Act of 1965.

16 ‘‘(7) OUT-OF-FIELD TEACHER.—The term ‘out-of17 field teacher’ means a secondary school teacher who is

18 teaching an academic subject for which the teacher is

19 not highly qualified.

20 ‘‘(8) 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 ac23 cordance with section 673(2) of the Community Serv24 ices Block Grant Act) applicable to a family of the

25 size involved.
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1 ‘‘(9) PROFESSIONAL DEVELOPMENT.—The term

2 ‘professional development’ means activities that—

3 ‘‘(A) are an integral part of broad

4 schoolwide and districtwide educational improve5 ment plans;

6 ‘‘(B) enhance the ability of teachers and

7 other staff to—

8 ‘‘(i) help all students meet challenging

9 State and local content and student per10 formance standards;

11 ‘‘(ii) improve understanding and use

12 of student assessments by the teachers and

13 staff;

14 ‘‘(iii) improve classroom management

15 skills;

16 ‘‘(iv) as appropriate, integrate tech17 nology into the curriculum; and

18 ‘‘(v) encourage and provide instruction

19 on how to work with and involve parents to

20 foster student achievement;

21 ‘‘(C) are sustained, intensive, and school22 embedded;

23 ‘‘(D) are aligned with—
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1 ‘‘(i) State content standards, student

2 performance standards, and assessments;

3 and

4 ‘‘(ii) the curricula and programs tied

5 to the standards described in clause (i);

6 ‘‘(E) are of high quality and sufficient du7 ration to have a positive and lasting impact on

8 classroom instruction, and are not one-time

9 workshops; and

10 ‘‘(F) are based on the best available research

11 on teaching and learning.

12 ‘‘(10) TEACHER MENTORING.—The term ‘teacher

13 mentoring’ means activities that—

14 ‘‘(A) consist of structured guidance and reg15 ular and ongoing support for beginning teachers,

16 that—

17 ‘‘(i) are designed to help the teachers

18 continue to improve their practice of teach19 ing and to develop their instructional skills;

20 and

21 ‘‘(ii) as part of a multiyear, develop22 mental induction process—

23 ‘‘(I) involve the assistance of a

24 mentor teacher and other appropriate

25 individuals from a school, local edu-
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1 cational agency, or institution of high2 er education; and

3 ‘‘(II) may include coaching, class4 room observation, team teaching, and

5 reduced teaching loads; and

6 ‘‘(B) may include the establishment of a

7 partnership by a local educational agency with

8 an institution of higher education, another local

9 educational agency, a teacher organization, or

10 another organization.

11 ‘‘SEC. 2103. AUTHORIZATION OF APPROPRIATIONS.

12 ‘‘(a) GRANTS TO STATES, LOCAL EDUCATIONAL AGEN13 CIES, AND ELIGIBLE PARTNERSHIPS.—There are author14 ized to be appropriated to carry out this part (other than

15 subpart 5) $3,000,000,000 for fiscal year 2002 and such

16 sums as may be necessary for each of the 6 succeeding fiscal

17 years.

18 ‘‘(b) NATIONAL PROGRAMS.—There are authorized to

19 be appropriated to carry out subpart 5 (other than sub20 sections (b), (e), and (f)) $100,000,000 for fiscal year 2002

21 and such sums as may be necessary for each of the 6 suc22 ceeding fiscal years.
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1 ‘‘Subpart 1—Grants to States

2 ‘‘SEC. 2111. ALLOTMENTS TO STATES.

3 ‘‘(a) IN GENERAL.—The Secretary shall make grants

4 to States with applications approved under section 2112

5 to pay for the Federal share of carrying out the activities

6 specified in section 2113. Each grant shall consist of the

7 allotment determined for a State under subsection (b).

8 ‘‘(b) DETERMINATION OF ALLOTMENTS.—

9 ‘‘(1) RESERVATION OF FUNDS.—

10 ‘‘(A) IN GENERAL.—From the total amount

11 appropriated under section 2103(a) for a fiscal

12 year, the Secretary shall reserve—

‘‘(i) 1 13 ⁄2 of 1 percent for payments to the

14 outlying areas, to be distributed among the

15 outlying areas on the basis of their relative

16 need, as determined by the Secretary, for

17 activities authorized under this part relat18 ing to teacher quality, including profes19 sional development and teacher hiring; and

‘‘(ii) 1 20 ⁄2 of 1 percent for payments to

21 the Secretary of the Interior for activities

22 described in clause (i) in schools operated or

23 funded by the Bureau of Indian Affairs.

24 ‘‘(B) LIMITATION.—In reserving an amount

25 for the purposes described in clauses (i) and (ii)

26 of subparagraph (A) for a fiscal year, the Sec-
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1 retary shall not reserve more than the total

2 amount the outlying areas and the schools oper3 ated or funded by the Bureau of Indian Affairs

4 received for fiscal year 2001 under—

5 ‘‘(i) section 2202(b) of this Act (as in

6 effect on the day before the date of enact7 ment of the Better Education for Students

8 and Teachers Act); and

9 ‘‘(ii) section 306 of the Department of

10 Education Appropriations Act, 2001 (as en11 acted into law by section 1(a)(1) of Public

12 Law 106–554).

13 ‘‘(2) STATE ALLOTMENTS.—

14 ‘‘(A) HOLD HARMLESS.—

15 ‘‘(i) IN GENERAL.—Subject to subpara16 graph (B), from the total amount appro17 priated under section 2103(a) for any fiscal

18 year and not reserved under paragraph (1),

19 the Secretary shall allot to each of the 50

20 States, the District of Columbia, and the

21 Commonwealth of Puerto Rico an amount

22 equal to the total amount that such State

23 received for fiscal year 2001 under the au24 thorities described in paragraph (1)(B).
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1 ‘‘(ii) RATABLE REDUCTION.—If the

2 total amount appropriated under section

3 2103(a) for any fiscal year and not reserved

4 under paragraph (1) is insufficient to pay

5 the full amounts that all States are eligible

6 to receive under clause (i) for the fiscal

7 year, the Secretary shall ratably reduce

8 such amounts for the fiscal year.

9 ‘‘(B) ALLOTMENT OF ADDITIONAL FUNDS.—

10 ‘‘(i) IN GENERAL.—Subject to clause

11 (ii), for any fiscal year for which the total

12 amount appropriated under section 2103(a)

13 and not reserved under paragraph (1) ex14 ceeds the total amount made available to the

15 50 States, the District of Columbia, and the

16 Commonwealth of Puerto Rico for fiscal

17 year 2001 under the authorities described in

18 paragraph (1)(B), the Secretary shall allot

19 to each of those States the sum of—

20 ‘‘(I) an amount that bears the

21 same relationship to 35 percent of the

22 excess amount as the number of indi23 viduals age 5 through 17 in the State,

24 as determined by the Secretary on the

25 basis of the most recent satisfactory
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1 data, bears to the number of those indi2 viduals in all such States, as so deter3 mined; and

4 ‘‘(II) an amount that bears the

5 same relationship to 65 percent of the

6 excess amount as the number of indi7 viduals age 5 through 17 from families

8 with incomes below the poverty line in

9 the State, as determined by the Sec10 retary on the basis of the most recent

11 satisfactory data, bears to the number

12 of those individuals in all such States,

13 as so determined.

14 ‘‘(ii) EXCEPTION.—No State receiving

15 an allotment under clause (i) may receive

less than 1 16 ⁄2 of 1 percent of the total excess

17 amount allotted under clause (i) for a fiscal

18 year.

19 ‘‘(3) REALLOTMENT.—If any State does not

20 apply for an allotment under this subsection for any

21 fiscal year, the Secretary shall reallot the amount of

22 the allotment to the remaining States in accordance

23 with this subsection.
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1 ‘‘SEC. 2112. STATE APPLICATIONS.

2 ‘‘(a) IN GENERAL.—For a State to be eligible to receive

3 a grant under this part, the State educational agency shall

4 submit an application to the Secretary at such time, in

5 such manner, and containing such information as the Sec6 retary may reasonably require.

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

8 this section shall include the following:

9 ‘‘(1) A description of how the activities to be car10 ried out by the State educational agency under this

11 subpart will be based on a review of relevant research

12 and an explanation of why the activities are expected

13 to improve student performance and outcomes.

14 ‘‘(2) A description of how the State educational

15 agency will ensure that activities assisted under this

16 subpart are aligned with State content standards, stu17 dent performance standards, and assessments.

18 ‘‘(3) A description of how the State educational

19 agency will ensure that a local educational agency re20 ceiving a subgrant to carry out subpart 2 will comply

21 with the requirements of such subpart.

22 ‘‘(4) A description of how the State educational

23 agency will use funds made available under this part

24 to improve the quality of the State’s teaching force

25 and the educational opportunities for students.
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1 ‘‘(5) A description of how the State educational

2 agency will coordinate professional development ac3 tivities authorized under this part with professional

4 development activities provided under other Federal,

5 State, and local programs, including those authorized

6 under—

7 ‘‘(A) title I, part C of this title, part A of

8 title III, and title IV; and

9 ‘‘(B) where applicable, the Individuals with

10 Disabilities Education Act, the Carl D. Perkins

11 Vocational and Technical Education Act of 1998,

12 and title II of the Higher Education Act of 1965.

13 ‘‘(6) A description of how the activities to be car14 ried out by the State educational agency under this

15 subpart will be developed collaboratively based on the

16 input of teachers, principals, paraprofessionals, ad17 ministrators, other school personnel, and parents.

18 ‘‘(7) A description of how the State educational

19 agency will ensure that the professional development

20 (including teacher mentoring) needs of teachers will

21 be met using funds under this subpart and subpart 2.

22 ‘‘(8) A description of the State educational agen23 cy’s annual measurable performance objectives under

24 section 2141.
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1 ‘‘(9) A plan to ensure that all local educational

2 agencies in the State are meeting the performance ob3 jectives established by the State under section

4 2142(a)(1) so that all teachers in the State who are

5 teaching core academic subjects in public elementary

6 schools and secondary schools, in which not less than

7 50 percent of the students are from low-income fami8 lies, are highly qualified not later than the end of the

9 fourth year for which the State receives funds under

10 this part (as amended by the Better Education for

11 Students and Teachers Act).

12 ‘‘(10) An assurance that the State educational

13 agency will consistently monitor the progress of each

14 local educational agency and school in the State in

15 achieving the purpose of this part and meeting the

16 performance objectives described in section 2142.

17 ‘‘(11) In the case of a State that has a charter

18 school law that exempts teachers from State certifi19 cation and licensing requirements, a description of

20 the basis for the exemption.

21 ‘‘(12) An assurance that the State educational

22 agency will comply with section 6 (regarding partici23 pation by private school children and teachers).

24 ‘‘(c) APPROVAL.—The Secretary shall approve a State

25 application submitted to the Secretary under this section
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1 unless the Secretary makes a written determination, within

2 90 days after receiving the application, that the application

3 does not meet the requirements of this Act.

4 ‘‘SEC. 2113. STATE USE OF FUNDS.

5 ‘‘(a) IN GENERAL.—A State that receives a grant

6 under section 2111 shall—

7 ‘‘(1) reserve 2 percent of the funds made avail8 able through the grant for State activities described in

9 subsection (b);

10 ‘‘(2) reserve 95 percent of the funds to make sub11 grants to local educational agencies as described in

12 subpart 2; and

13 ‘‘(3) reserve 3 percent of the funds to make sub14 grants to local partnerships as described in subpart

15 3.

16 ‘‘(b) STATE ACTIVITIES.—The State educational agen17 cy for a State that receives a grant under section 2111 shall

18 use the funds reserved under subsection (a)(1) to carry out

19 1 or more of the following activities, including through a

20 grant or contract with a for-profit or nonprofit entity:

21 ‘‘(1) Reforming teacher certification (including

22 recertification) or licensing requirements to ensure

23 that—
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1 ‘‘(A) teachers have the necessary subject

2 matter knowledge and teaching skills in the aca3 demic subjects that the teachers teach;

4 ‘‘(B) the requirements are aligned with

5 challenging State content standards; and

6 ‘‘(C) teachers have the subject matter knowl7 edge and teaching skills, including technology lit8 eracy, necessary to help students meet chal9 lenging State student performance standards.

10 ‘‘(2) Carrying out programs that provide sup11 port during the initial teaching experience, such as

12 programs that provide teacher mentoring, team teach13 ing, reduced schedules, and intensive professional de14 velopment.

15 ‘‘(3) Carrying out programs that establish, ex16 pand, or improve alternative routes for State certifi17 cation of teachers for highly qualified individuals

18 with a baccalaureate degree, including mid-career

19 professionals from other occupations, paraprofes20 sionals, former military personnel, and recent college

21 or university graduates with records of academic dis22 tinction who demonstrate the potential to become

23 highly effective teachers.

24 ‘‘(4) Providing assistance to teachers to enable

25 teachers to meet certification, licensing, or other re-
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1 quirements needed to become highly qualified by the

2 end of the fourth year described in section 2112(b)(9).

3 ‘‘(5) Developing and implementing effective

4 mechanisms to assist local education agencies and

5 schools in effectively recruiting and retaining highly

6 qualified teachers and principals, and in cases in

7 which a State deems appropriate, pupil services per8 sonnel.

9 ‘‘(6) Developing and implementing effective

10 mechanisms to assist local educational agencies and

11 schools in effectively recruiting and retaining highly

12 qualified and effective teachers and principals, in13 cluding teaching specialists in core academic subjects.

14 ‘‘(7) Funding projects to promote reciprocity of

15 teacher certification or licensure between or among

16 States.

17 ‘‘(8) Testing new teachers for subject matter

18 knowledge, and testing the teachers for State certifi19 cation or licensing, consistent with title II of the

20 Higher Education Act of 1965.

21 ‘‘(9) Supporting activities that ensure that

22 teachers are able to use State content standards, stu23 dent performance standards, and assessments to im24 prove instructional practices and improve student

25 achievement and student performance.
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1 ‘‘(10) Establishing teacher compensation systems

2 based on merit and proven performance.

3 ‘‘(11) Reforming tenure systems.

4 ‘‘(12) Funding projects and carrying out pro5 grams to encourage men to become elementary school

6 teachers.

7 ‘‘(13) Establishing and operating a center that—

8 ‘‘(A) serves as a statewide clearinghouse for

9 the recruitment and placement of kindergarten,

10 elementary school, and secondary school teachers;

11 and

12 ‘‘(B) establishes and carries out programs to

13 improve teacher recruitment and retention with14 in the State.

15 ‘‘(14) Supporting the activities of education

16 councils and professional development schools, involv17 ing partnerships described in paragraphs (1) and (3)

18 of subsection (c), respectively, for the purpose of—

19 ‘‘(A) preparing out-of-field teachers to be

20 qualified to teach all of the classes that the teach21 ers are assigned to teach;

22 ‘‘(B) preparing paraprofessionals to become

23 fully qualified teachers in areas served by high

24 need local educational agencies;
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1 ‘‘(C) supporting teams of master teachers

2 and student teacher interns as a part of an ex3 tended teacher education program; and

4 ‘‘(D) supporting teams of master teachers to

5 serve in low-performing schools.

6 ‘‘(15) Providing professional development for

7 teachers and pupil services personnel.

8 ‘‘(16) Encouraging and supporting the training

9 of teachers and administrators to effectively integrate

10 technology into curricula and instruction, including

11 the ability to collect, manage, and analyze data to

12 improve teaching, decision making and school im13 provement efforts and accountability.

14 ‘‘(17) Developing or supporting programs that

15 encourage or expand the use of technology to provide

16 professional development, including through Internet17 based distance education and peer networks.

18 ‘‘(18) Fulfilling the State’s responsibilities con19 cerning proper and efficient administration of the

20 program carried out under this part.

21 ‘‘(c) COORDINATION.—A State that receives a grant to

22 carry out this subpart and a grant under section 202 of

23 the Higher Education Act of 1965 shall coordinate the ac24 tivities carried out under this subpart and the activities

25 carried out under that section 202.
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1 ‘‘Subpart 2—Subgrants to Local Educational

2 Agencies

3 ‘‘SEC. 2121. ALLOCATIONS TO LOCAL EDUCATIONAL AGEN4 CIES.

5 ‘‘(a) IN GENERAL.—A State that receives a grant

6 under section 2111 shall use the funds reserved under sec7 tion 2113(a)(2) to make subgrants to eligible local edu8 cational agencies to carry out the activities specified in sec9 tion 2123. Each subgrant shall consist of the allocation de10 termined for a local educational agency under subsection

11 (b).

12 ‘‘(b) DETERMINATION OF ALLOCATIONS.—From the

13 total amount made available through the grant, the State

14 shall allocate to each of the eligible local educational agen15 cies the sum of—

16 ‘‘(1) an amount that bears the same relationship

17 to 20 percent of the total amount as the number of

18 individuals age 5 through 17 in the geographic area

19 served by the agency, as determined by the Secretary

20 on the basis of the most recent satisfactory data, bears

21 to the number of those individuals in the geographic

22 areas served by all the local educational agencies in

23 the State, as so determined; and

24 ‘‘(2) an amount that bears the same relationship

25 to 80 percent of the total amount as the number of

26 individuals age 5 through 17 from families with in-
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1 comes below the poverty line, in the geographic area

2 served by the agency, as determined by the Secretary

3 on the basis of the most recent satisfactory data, bears

4 to the number of those individuals in the geographic

5 areas served by all the local educational agencies in

6 the State, as so determined.

7 ‘‘SEC. 2122. LOCAL APPLICATIONS AND NEEDS ASSESS8 MENT.

9 ‘‘(a) IN GENERAL.—To be eligible to receive a subgrant

10 under this subpart, a local educational agency shall submit

11 an application to the State educational agency at such

12 time, in such manner, and containing such information as

13 the State educational agency may reasonably require.

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

15 this section shall be based on the needs assessment required

16 in subsection (c) and shall include the following:

17 ‘‘(1)(A) A description of the activities to be car18 ried out by the local educational agency under this

19 subpart and how these activities will be aligned

20 with—

21 ‘‘(i) State content standards, performance

22 standards, and assessments; and

23 ‘‘(ii) the curricula and programs tied to the

24 standards described in clause (i).
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1 ‘‘(B) A description of how the activities will be

2 based on a review of relevant research and an expla3 nation of why the activities are expected to improve

4 student performance and outcomes.

5 ‘‘(2) A description of how the activities will have

6 a substantial, measurable, and positive impact on

7 student academic achievement and student perform8 ance and how the activities will be used as part of a

9 broader strategy to eliminate the achievement gap

10 that separates low-income and minority students from

11 other students.

12 ‘‘(3) An assurance that the local educational

13 agency will target funds to schools served by the local

14 educational agency that—

15 ‘‘(A) have the lowest proportions of highly

16 qualified teachers;

17 ‘‘(B) are identified for school improvement

18 under section 1116(c); or

19 ‘‘(C) are identified for school improvement

20 in accordance with other measures of school

21 quality as determined and documented by the

22 local educational agency.

23 ‘‘(4) A description of how the local educational

24 agency will coordinate professional development ac25 tivities authorized under this subpart with profes-
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1 sional development activities provided under other

2 Federal, State, and local programs, including those

3 authorized under—

4 ‘‘(A) title I, part C of this title, part A of

5 title III, and title IV; and

6 ‘‘(B) where applicable, the Individuals with

7 Disabilities Education Act, the Carl D. Perkins

8 Vocational and Technical Education Act of 1998,

9 and title II of the Higher Education Act of 1965.

10 ‘‘(5) A description of how the local educational

11 agency will ensure that the professional development

12 (including teacher mentoring) needs of teachers and

13 principals will be met using funds under this sub14 part.

15 ‘‘(6) A description of the professional develop16 ment (including teacher mentoring) activities that

17 will be made available to teachers under this subpart.

18 ‘‘(7) A description of how the local educational

19 agency, teachers, paraprofessionals, principals, other

20 relevant school personnel, and parents have collabo21 rated in the planning of activities to be carried out

22 under this subpart and in the preparation of the ap23 plication.

24 ‘‘(8) A description of the results of the needs as25 sessment described in subsection (c).
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1 ‘‘(9) A description of how the local educational

2 agency will address the ongoing professional develop3 ment (including teacher mentoring) needs of teachers,

4 principals, and administrators.

5 ‘‘(10) A description of local performance objec6 tives established under section 2142(a)(2).

7 ‘‘(11) A description of how the local educational

8 agency will provide training to enable teachers to—

9 ‘‘(A) address the needs of students with dis10 abilities, students with limited English pro11 ficiency, and other students with special needs;

12 ‘‘(B) involve parents in their child’s edu13 cation; and

14 ‘‘(C) understand and use data and assess15 ments to improve classroom practice and student

16 learning.

17 ‘‘(12) An assurance that the local educational

18 agency will comply with section 6 (regarding partici19 pation by private school children and teachers).

20 ‘‘(c) NEEDS ASSESSMENT.—

21 ‘‘(1) IN GENERAL.—To be eligible to receive a

22 subgrant under this subpart, a local educational

23 agency shall conduct an assessment of local needs for

24 professional development and hiring, as identified by

25 the local educational agency and school staff.
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1 ‘‘(2) REQUIREMENTS.—Such needs assessment

2 shall be conducted with the involvement of teachers,

3 including teachers receiving assistance under part A

4 of title I, and shall take into account the activities

5 that need to be conducted in order to give teachers

6 and, where appropriate, administrators, the means,

7 including subject matter knowledge and teaching

8 skills, to provide students with the opportunity to

9 meet challenging State and local student performance

10 standards.

11 ‘‘SEC. 2123. LOCAL USE OF FUNDS.

12 ‘‘(a) SPECIAL RULE.—

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

14 that receives a subgrant under section 2121 may use

15 the amount described in paragraph (2), of the funds

16 made available through the subgrant, to carry out ac17 tivities described in section 306 of the Department of

18 Education Appropriations Act, 2001 (as enacted into

19 law by section 1(a)(1) of Public Law 106–554).

20 ‘‘(2) AMOUNT.—The amount referred to in para21 graph (1) is the amount received by the agency under

22 that section 306.

23 ‘‘(b) LOCAL USE OF FUNDS.—A local educational

24 agency that receives a subgrant under section 2121 shall

25 use the funds made available through the subgrant to carry
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1 out 1 or more of the following activities, including through

2 a grant or contract with a for-profit or nonprofit entity:

3 ‘‘(1) Providing professional development activi4 ties that improve the knowledge of teachers and prin5 cipals concerning—

6 ‘‘(A) 1 or more of the core academic subjects

7 that the teachers and principals teach;

8 ‘‘(B) effective instructional strategies, meth9 ods, and skills for improving student academic

10 achievement and student performance, including

11 strategies to implement a year-round school

12 schedule that will allow the local educational

13 agency to increase pay for veteran teachers;

14 ‘‘(C) effective use of State content standards,

15 student performance standards, and assessments

16 to improve instructional practices and improve

17 student achievement and student performance;

18 ‘‘(D) effective integration of technology into

19 curricula and instruction to enhance the learn20 ing environment and improve student academic

21 achievement, performance, and technology lit22 eracy;

23 ‘‘(E) ability to collect, manage, and analyze

24 data, including through use of technology, to in25 form teaching;
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1 ‘‘(F) effective instructional practices that

2 involve collaborative groups of teachers and ad3 ministrators, using such strategies as—

4 ‘‘(i) provision of dedicated time for col5 laborative lesson planning and curriculum

6 development meetings;

7 ‘‘(ii) consultation with exemplary

8 teachers;

9 ‘‘(iii) team teaching, peer observation,

10 and coaching;

11 ‘‘(iv) provision of short-term and long12 term visits to classrooms and schools;

13 ‘‘(v) establishment and maintenance of

14 local professional development networks that

15 provide a forum for interaction among

16 teachers and administrators about content

17 knowledge and teaching and leadership

18 skills; and

19 ‘‘(vi) the provision of release time as

20 needed for the activities; and

21 ‘‘(G) teacher advancement initiatives that

22 promote professional growth and emphasize mul23 tiple career paths (such as career teacher, mentor

24 teacher, and master teacher career paths) and

25 pay differentiation.
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1 ‘‘(2) Teacher mentoring.

2 ‘‘(3) Providing teachers, principals, and, in cases

3 in which a local education agency deems appropriate,

4 pupil services personnel with opportunities for profes5 sional development through institutions of higher edu6 cation, other for profit or nonprofit entities, and

7 through distance education.

8 ‘‘(4) Providing induction and support for teach9 ers during their first 3 years of teaching.

10 ‘‘(5) Recruiting (including recruiting through

11 the use of scholarships, signing bonuses, or other fi12 nancial incentives, as well as accelerated paraprofes13 sional-to-teacher training programs and programs

14 that attract mid-career professionals from other pro15 fessions), hiring, and training regular and special

16 education teachers (which may include hiring special

17 education teachers to team-teach in classrooms that

18 contain both children with disabilities and non19 disabled children, and may include recruiting and

20 hiring certified or licensed teachers to reduce class

21 size), and teachers of special needs children, who are

22 highly qualified as well as teaching specialists in core

23 academic subjects who will provide increased individ24 ualized instruction to students served by the local
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1 educational agency participating in the eligible part2 nership.

3 ‘‘(6) Carrying out programs and activities re4 lated to—

5 ‘‘(A) reform of teacher tenure systems;

6 ‘‘(B) provision of merit pay for teachers;

7 and

8 ‘‘(C) testing of elementary school and sec9 ondary school teachers in the academic subjects

10 that the teachers teach.

11 ‘‘(7) Carrying out programs and activities re12 lated to master teachers:

13 ‘‘(A) MASTER TEACHER.—The term ‘master

14 teacher’ means a teacher who—

15 ‘‘(i) is licensed or credentialed under

16 State law in the subject or grade in which

17 the teacher teaches;

18 ‘‘(ii) has been teaching for at least 5

19 years in a public or private school or insti20 tution of higher education;

21 ‘‘(iii) is selected upon application, is

22 judged to be an excellent teacher, and is rec23 ommended by administrators and other

24 teachers who are knowledgeable of the indi25 vidual’s performance;
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1 ‘‘(iv) at the time of submission of such

2 application, is teaching and based in a

3 public school;

4 ‘‘(v) assists other teachers in improving

5 instructional strategies, improves the skills

6 of other teachers, performs mentoring, devel7 ops curriculum, and offers other profes8 sional development; and

9 ‘‘(vi) enters into a contract with the

10 local educational agency to continue to

11 teach and serve as a master teacher for at

12 least 5 additional years.

13 A contract described in clause (vi) shall include

14 stipends, employee benefits, a description of du15 ties and work schedule, and other terms of em16 ployment.

17 ‘‘(B) STUDY AND REPORT.—

18 ‘‘(i) IN GENERAL.—Not later than July

19 1, 2005, the Secretary shall conduct a study

20 and transmit a report to Congress per21 taining to the utilization of funds under

22 section 2123 for master teachers.

23 ‘‘(ii) CONTENTS OF REPORT.—The re24 port shall include—

25 ‘‘(I) an analysis of—
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1 ‘‘(aa) the recruitment and re2 tention of experienced teachers;

3 ‘‘(bb) the effect of master

4 teachers on teaching by less expe5 rienced teachers;

6 ‘‘(cc) the impact of men7 toring new teachers by master

8 teachers;

9 ‘‘(dd) the impact of master

10 teachers on student achievement;

11 and

12 ‘‘(ee) the reduction in the

13 rate of attrition of beginning

14 teachers; and

15 ‘‘(II) recommendations regarding

16 establishing activities to expand the

17 project to additional local educational

18 agencies and school districts.

19 ‘‘(8) Developing and implementing mechanisms

20 to assist schools in effectively recruiting and retaining

21 highly qualified teachers and principals, and, in cases

22 in which a local education agency deems appropriate,

23 pupil services personnel.
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1 ‘‘Subpart 3—Subgrants to Eligible Partnerships

2 ‘‘SEC. 2131. SUBGRANTS.

3 ‘‘(a) IN GENERAL.—The State agency for higher edu4 cation for a State that receives a grant under section 2111,

5 working in conjunction with the State educational agency

6 (if such agencies are separate) shall use the funds reserved

7 under section 2113(a)(3) to make subgrants, on a competi8 tive basis, to eligible partnerships to enable such partner9 ships to carry out the activities described in section 2133.

10 ‘‘(b) DISTRIBUTION.—The State agency for higher edu11 cation shall ensure that—

12 ‘‘(1) such subgrants are equitably distributed by

13 geographic area within a State; or

14 ‘‘(2) eligible partnerships in all geographic areas

15 within the State are served through the subgrants.

16 ‘‘(c) SPECIAL RULE.—No single participant in an eli17 gible partnership may use more than 50 percent of the funds

18 made available to the partnership under this section.

19 ‘‘SEC. 2132. APPLICATIONS.

20 ‘‘To be eligible to receive a subgrant under this sub21 part, an eligible partnership shall submit an application

22 to the State agency for higher education at such time, in

23 such manner, and containing such information as the agen24 cy may require.
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1 ‘‘SEC. 2133. USE OF FUNDS.

2 ‘‘(a) IN GENERAL.—An eligible partnership that re3 ceives a subgrant under section 2131 shall use the funds

4 made available through the subgrant for—

5 ‘‘(1) professional development activities in core

6 academic subjects to ensure that teachers, paraprofes7 sionals, and, if appropriate, principals have subject

8 matter knowledge in the academic subjects that the

9 teachers teach, including the use of computer related

10 technology to enhance student learning; and

11 ‘‘(2) developing and providing assistance to local

12 educational agencies and individuals who are teach13 ers, paraprofessionals, or principals of schools served

14 by such agencies, for sustained, high-quality profes15 sional development activities that—

16 ‘‘(A) ensure that the individuals are able to

17 use State content standards, performance stand18 ards, and assessments to improve instructional

19 practices and improve student academic achieve20 ment and student performance;

21 ‘‘(B) may include intensive programs de22 signed to prepare such individuals who will re23 turn to a school to provide instruction related to

24 the professional development described in sub25 paragraph (A) to other such individuals within

26 such school; and
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1 ‘‘(C) may include activities carried out

2 jointly with education councils and professional

3 development schools, involving partnerships de4 scribed in paragraphs (1) and (3) of subsection

5 (c), respectively, for the purpose of improving

6 teaching and learning at low-performing schools.

7 ‘‘(b) COORDINATION.—An eligible partnership that re8 ceives a subgrant to carry out this subpart and a grant

9 under section 203 of the Higher Education Act of 1965 shall

10 coordinate the activities carried out under this subpart and

11 the activities carried out under that section 203.

12 ‘‘(c) DEFINITIONS.—In this section:

13 ‘‘(1) EDUCATION COUNCIL.—The term ‘education

14 council’ means a partnership that—

15 ‘‘(A) is established between—

16 ‘‘(i) 1 or more local educational agen17 cies, acting on behalf of elementary schools

18 or secondary schools served by the agencies;

19 and

20 ‘‘(ii) 1 or more institutions of higher

21 education, including community colleges,

22 that meet the requirements applicable to the

23 institutions under title II of the Higher

24 Education Act of 1965 (20 U.S.C. 1021 et

25 seq.); and
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1 ‘‘(B) provides professional development to

2 teachers to ensure that the teachers are prepared

3 and meet high standards for teaching, particu4 larly by educating and preparing prospective

5 teachers in a classroom setting and enhancing

6 the knowledge of in-service teachers while im7 proving the education of the classroom students.

8 ‘‘(2) LOW-PERFORMING SCHOOL.—The term ‘low9 performing school’ means an elementary school or sec10 ondary school that is identified for school improve11 ment under section 1116(c).

12 ‘‘(3) PROFESSIONAL DEVELOPMENT SCHOOL.—

13 The term ‘professional development school’ means a

14 partnership that—

15 ‘‘(A) is established between—

16 ‘‘(i) 1 or more local educational agen17 cies, acting on behalf of elementary schools

18 or secondary schools served by the agencies;

19 and

20 ‘‘(ii) 1 or more institutions of higher

21 education, including community colleges,

22 that meet the requirements applicable to the

23 institutions under title II of the Higher

24 Education Act of 1965; and
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1 ‘‘(B)(i) provides sustained and high quality

2 preservice clinical experience, including the men3 toring of prospective teachers by veteran teachers;

4 ‘‘(ii) substantially increases interaction be5 tween faculty at institutions of higher education

6 described in subparagraph (A) and new and ex7 perienced teachers, principals, and other admin8 istrators at elementary schools or secondary

9 schools; and

10 ‘‘(iii) provides support, including prepara11 tion time, for such interaction.

12 ‘‘SEC. 2134. DEFINITION.

13 ‘‘In this subpart, the term ‘eligible partnership’ means

14 an entity that—

15 ‘‘(1) shall include—

16 ‘‘(A) a private or State institution of higher

17 education and the division of the institution that

18 prepares teachers;

19 ‘‘(B) a school of arts and sciences; and

20 ‘‘(C) a high need local educational agency;

21 and

22 ‘‘(2) may include another local educational agen23 cy, a public charter school, an elementary school or

24 secondary school, an educational service agency, a

25 nonprofit educational organization, another institu-
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1 tion of higher education, a school of arts and sciences

2 within such an institution, the division of such an in3 stitution that prepares teachers, a nonprofit cultural

4 organization, an entity carrying out a prekinder5 garten program, a teacher organization, or a business.

6 ‘‘Subpart 4—Accountability

7 ‘‘SEC. 2141. STATE PERFORMANCE OBJECTIVES AND AC8 COUNTABILITY.

9 ‘‘(a) REQUIRED ACTIVITIES.—Each State educational

10 agency receiving a grant under this part shall establish for

11 the State annual measurable performance objectives, with

12 respect to teachers teaching in the State, that, at a

13 minimum—

14 ‘‘(1) shall include an annual increase in the per15 centage of highly qualified teachers, to ensure that all

16 teachers teaching core academic subjects in public ele17 mentary schools and secondary schools, in which not

18 less than 50 percent of the students are from low-in19 come families, are highly qualified not later than the

20 end of the fourth year for which the State receives

21 funds under this part (as amended by the Better Edu22 cation for Students and Teachers Act);

23 ‘‘(2) shall include an annual increase in the per24 centage of teachers who are receiving high-quality
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1 professional development (including teacher men2 toring); and

3 ‘‘(3) may include incremental increases in teach4 er performance.

5 ‘‘(b) RULE OF APPLICATION.—For purposes of deter6 mining whether teachers in a State meet the criteria speci7 fied in the performance objectives referred to in subsection

8 (a), the requirements of subsection (a) shall not apply to

9 teachers in charter schools in the State if the State has a

10 charter school law that exempts such teachers from State

11 certification and licensing requirements.

12 ‘‘(c) REPORTS.—

13 ‘‘(1) INITIAL REPORTS.—Not later than the end

14 of the fourth year for which the State receives funds

15 under this part (as amended by the Better Education

16 for Students and Teachers Act), each State edu17 cational agency receiving a grant under this part

18 shall prepare and submit to the Secretary an initial

19 report describing the State’s progress with respect to

20 the performance objectives described in this section.

21 ‘‘(2) SUBSEQUENT REPORTS.—

22 ‘‘(A) STATES SUBJECT TO SANCTIONS.—The

23 State educational agency for a State that has re24 ceived sanctions under subsection (d) shall annu25 ally prepare and submit to the Secretary a re-
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1 port describing such progress, until the State is

2 no longer subject to the sanctions.

3 ‘‘(B) STATES NOT SUBJECT TO SANC4 TIONS.—A State educational agency that is not

5 required to submit annual reports under sub6 paragraph (A) shall periodically prepare and

7 submit to the Secretary a report describing such

8 progress, to ensure that the State is in compli9 ance with the requirements of this section.

10 ‘‘(d) ACCOUNTABILITY.—

11 ‘‘(1) REDUCTION OF FUNDS.—

12 ‘‘(A) FOURTH YEAR.—If the Secretary de13 termines that the State educational agency has

14 failed to meet the performance objectives estab15 lished under subsection (a), and has failed to

16 make adequate yearly progress as described

17 under section 1111(b)(2), by the end of the fourth

18 year for which the State receives funds under

19 this part (as amended by the Better Education

20 for Students and Teachers Act), the Secretary

21 shall withhold 15 percent of the amount of funds

22 that the State may reserve for State administra23 tion under this part for the fifth year for which

24 the State receives such funds.
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1 ‘‘(B) FIFTH OR SIXTH YEAR.—If the Sec2 retary determines that the State educational

3 agency has failed to meet the performance objec4 tives established under subsection (a), and has

5 failed to make adequate yearly progress as de6 scribed under section 1111(b)(2), by the end of

7 the fifth or sixth year for which the State re8 ceives funds under this part (as amended by the

9 Better Education for Students and Teachers

10 Act), the Secretary shall withhold 20 percent of

11 the amount of funds that the State may reserve

12 for State administration under this part for the

13 sixth or seventh year, respectively, for which the

14 State receives such funds.

15 ‘‘(2) EXEMPTION.—After making a determina16 tion for a year under paragraph (1), the Secretary

17 may provide the State 1 additional year to meet the

18 performance objectives described in subsection (a) or

19 make such adequate yearly progress, before using a

20 sanction described in paragraph (1), if the State dem21 onstrates that exceptional or uncontrollable cir22 cumstances have occurred, such as—

23 ‘‘(A) a natural disaster; or

24 ‘‘(B) a situation in which—
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1 ‘‘(i) a significant number of teachers

2 has resigned, with insufficient notice, from

3 employment with a local educational agency

4 in the State that has historically had dif5 ficulty recruiting and hiring teachers; and

6 ‘‘(ii) the remaining local educational

7 agencies in the State, collectively, have met

8 the performance objectives described in sub9 section (a) and have made such adequate

10 yearly progress by the end of the year for

11 which the Secretary makes the determina12 tion.

13 ‘‘SEC. 2142. LOCAL PERFORMANCE OBJECTIVES AND AC14 COUNTABILITY.

15 ‘‘(a) REQUIRED ACTIVITIES.—

16 ‘‘(1) ESTABLISHMENT BY STATE EDUCATIONAL

17 AGENCIES.—Each State educational agency receiving

18 a grant under this part shall establish for local edu19 cational agencies in the State annual measurable per20 formance objectives, with respect to teachers serving

21 the local educational agencies, that, at a minimum—

22 ‘‘(A) shall include the increases described in

23 paragraphs (1) and (2) of section 2141(a); and

24 ‘‘(B) may include the increases described in

25 section 2141(a)(3).
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1 ‘‘(2) ESTABLISHMENT BY LOCAL EDUCATIONAL

2 AGENCIES.—Each local educational agency receiving

3 a subgrant under this part—

4 ‘‘(A) shall establish for the local educational

5 agency an annual measurable performance objec6 tive for increasing teacher retention among

7 teachers in the first 3 years of their teaching ca8 reers; and

9 ‘‘(B) may establish other annual measurable

10 performance objectives.

11 ‘‘(b) REPORTS.—Each local educational agency receiv12 ing a subgrant under this part shall annually prepare and

13 submit to the State educational agency a report describing

14 the progress of the local educational agency toward achiev15 ing the purpose of this part and meeting the performance

16 objectives described in subsection (a).

17 ‘‘(c) TECHNICAL ASSISTANCE.—If a State educational

18 agency determines that a local educational agency in the

19 State has failed to make substantial progress toward achiev20 ing the purpose and meeting the performance objectives de21 scribed in subsection (a) and has failed to make adequate

22 yearly progress as described under section 1111(b)(2) for

23 2 consecutive years for which the local educational agency

24 receives funds under this part (as amended by the Better
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1 Education for Students and Teachers Act), the State edu2 cational agency shall provide technical assistance—

3 ‘‘(1) to the local educational agency; and

4 ‘‘(2) if applicable, to schools served by the local

5 educational agency that need assistance to enable the

6 local educational agency to achieve the purpose and

7 meet the performance objectives.

8 ‘‘(d) ACCOUNTABILITY.—If the State educational agen9 cy determines that the local educational agency has failed

10 to make substantial progress toward achieving the purpose

11 and meeting the performance objectives described in sub12 section (a), and has failed to make adequate yearly progress

13 as described under section 1111(b)(2), for 3 consecutive

14 years for which the local educational agency receives funds

15 under this part (as amended by the Better Education for

16 Students and Teachers Act), the State educational agency

17 shall—

18 ‘‘(1) withhold the allocation described in section

19 2121(b) from the local educational agency for 2 fiscal

20 years; and

21 ‘‘(2) use the funds to carry out programs to as22 sist the local educational agency to achieve the pur23 pose and meet the performance objectives
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1 ‘‘SEC. 2143. GENERAL ACCOUNTING OFFICE STUDY.

2 ‘‘Not later than January 1, 2005, the Comptroller Gen3 eral of the United States shall prepare and submit to Con4 gress a report setting forth information regarding—

5 ‘‘(1) the progress of the States in achieving com6 pliance concerning increasing the percentage of highly

7 qualified teachers, for fiscal years 2001 through 2003,

8 so that, not later than the end of the fourth year for

9 which the States receive funds under this part (as

10 amended by the Better Education for Students and

11 Teachers Act), all teachers teaching core academic

12 subjects in public elementary schools or secondary

13 schools, in which not less than 50 percent of the stu14 dents are from low-income families, are highly quali15 fied;

16 ‘‘(2) any significant obstacles that States face in

17 achieving that compliance, such as teacher shortages

18 in particular academic subjects, grade levels, or geo19 graphic areas, district-to-district pay differentials,

20 and particular provisions of collective bargaining

21 agreements; and

22 ‘‘(3) the approximate percentage of Federal,

23 State, and local resources being expended to carry out

24 activities to provide professional development for

25 teachers, and recruit and retain highly qualified

26 teachers, especially in geographic areas and core aca-
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1 demic subjects in which a shortage of such teachers ex2 ists, so that, not later than the end of the fourth year

3 for which the States receive funds under this part (as

4 amended by the Better Education for Students and

5 Teachers Act), all teachers teaching core academic

6 subjects in public elementary schools or secondary

7 schools, in which not less than 50 percent of the stu8 dents qualify for free or reduced price lunches under

9 the school lunch program established under the Rich10 ard B. Russell National School Lunch Act (42 U.S.C.

11 1751 et seq.), are highly qualified.

12 ‘‘Subpart 5—National Programs

13 ‘‘SEC. 2151. NATIONAL PROGRAMS OF DEMONSTRATED EF14 FECTIVENESS.

15 ‘‘(a) IN GENERAL.—The Secretary shall use funds

16 made available under section 2103(b) to carry out each of

17 the activities described in subsections (c) through (d).

18 ‘‘(b) SCHOOL LEADERSHIP.—

19 ‘‘(1) DEFINITIONS.—

20 ‘‘(A) HIGH-NEED LOCAL EDUCATIONAL

21 AGENCY.—The term ‘high-need local educational

22 agency’ means a local educational agency for

23 which more than 30 percent of the students

24 served by the local educational agency are stu25 dents in poverty.
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1 ‘‘(B) POVERTY LINE.—The term ‘poverty

2 line’ means the income official poverty line (as

3 defined by the Office of Management and Budget,

4 and revised annually in accordance with section

5 673(2) of the Community Services Block Grant

6 Act (42 U.S.C. 9902(2)) applicable to a family

7 of the size involved.

8 ‘‘(C) STUDENT IN POVERTY.—The term ‘stu9 dent in poverty’ means a student from a family

10 with an income below the poverty line.

11 ‘‘(2) PROGRAM.—The Secretary shall establish

12 and carry out a national principal recruitment pro13 gram.

14 ‘‘(3) GRANTS.—

15 ‘‘(A) IN GENERAL.—In carrying out the

16 program, the Secretary shall make grants, on a

17 competitive basis, to high-need local educational

18 agencies that seek to recruit and train principals

19 (including assistant principals).

20 ‘‘(B) USE OF FUNDS.—An agency that re21 ceives a grant under subparagraph (A) may use

22 the funds made available through the grant to

23 carry out principal recruitment and training ac24 tivities that may include—
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1 ‘‘(i) providing stipends for master

2 principals who mentor new principals;

3 ‘‘(ii) using funds innovatively to re4 cruit new principals, including recruiting

5 the principals by providing pay incentives

6 or bonuses;

7 ‘‘(iii) developing career mentorship

8 and professional development ladders for

9 teachers who want to become principals;

10 and

11 ‘‘(iv) developing incentives, and profes12 sional development and instructional lead13 ership training programs, to attract indi14 viduals from other fields, including business

15 and law, to serve as principals.

16 ‘‘(C) APPLICATION AND PLAN.—To be eligi17 ble to receive a grant under this subsection, a

18 local educational agency shall submit an appli19 cation to the Secretary at such time, in such

20 manner, and containing such information as the

21 Secretary may require. The application shall

22 include—

23 ‘‘(i) a needs assessment concerning the

24 shortage of qualified principals in the school

25 district involved and an assessment of the
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1 potential for recruiting and retaining pro2 spective and aspiring leaders, including

3 teachers who are interested in becoming

4 principals; and

5 ‘‘(ii) a comprehensive plan for recruit6 ment and training of principals, including

7 plans for mentorship programs, ongoing

8 professional development, and instructional

9 leadership training, for high-need schools

10 served by the agency.

11 ‘‘(D) PRIORITY.—In making grants under

12 this subsection, the Secretary shall give priority

13 to local educational agencies that demonstrate

14 that the agencies will carry out the activities de15 scribed in subparagraph (B) in partnership with

16 nonprofit organizations and institutions of high17 er education.

18 ‘‘(E) SUPPLEMENT NOT SUPPLANT.—Funds

19 appropriated to carry out this subsection shall be

20 used to supplement and not supplant other Fed21 eral, State, and local public funds expended to

22 provide principal recruitment and retention ac23 tivities.

24 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—

25 There is authorized to be appropriated to carry out
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1 this subsection $50,000,000 for fiscal year 2002 and

2 each subsequent fiscal year.

3 ‘‘(c) ADVANCED CERTIFICATION OR ADVANCED

4 CREDENTIALING.—

5 ‘‘(1) IN GENERAL.—The Secretary shall support

6 activities to encourage and support teachers seeking

7 advanced certification or advanced credentialing

8 through high quality professional teacher enhance9 ment programs designed to improve teaching and

10 learning.

11 ‘‘(2) IMPLEMENTATION.—In carrying out para12 graph (1), the Secretary shall make grants to the Na13 tional Board for Professional Teaching Standards,

14 State educational agencies, local educational agencies,

15 or other recognized entities, to promote outreach,

16 teacher recruitment, teacher subsidy, or teacher sup17 port programs related to teacher certification by the

18 National Board for Professional Teaching Standards

19 and other nationally recognized certification organi20 zations.

21 ‘‘(d) TRANSITION TO TEACHING.—The Secretary shall

22 provide assistance for activities to support the development

23 and implementation of national or regional programs to—

24 ‘‘(1) recruit, prepare, place, and support mid-ca25 reer professionals who have knowledge and experience
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1 that will help the professionals become highly quali2 fied teachers, through alternative routes to certifi3 cation, for high need local educational agencies; and

4 ‘‘(2) help retain the professionals as classroom

5 teachers serving the local educational agencies for

6 more than 3 years.

7 ‘‘(e) CAREERS TO CLASSROOMS.—

8 ‘‘(1) PURPOSES.—The purposes of this subsection

9 are—

10 ‘‘(A) to establish a program to recruit and

11 retain highly qualified mid-career professionals,

12 recent graduates from an institution of higher

13 education, and certain paraprofessionals, as

14 teachers in high need schools, including recruit15 ing teachers through alternative routes to certifi16 cation; and

17 ‘‘(B) to encourage the development and ex18 pansion of alternative routes to certification

19 under State-approved programs that enable indi20 viduals to be eligible for teacher certification

21 within a reduced period of time, relying on the

22 experience, expertise, and academic qualifica23 tions of an individual, or other factors in lieu of

24 traditional course work in the field of education.

25 ‘‘(2) DEFINITIONS.—In this subsection:
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1 ‘‘(A) ELIGIBLE PARTICIPANT.—The term ‘el2 igible participant’ means—

3 ‘‘(i) an individual with substantial,

4 demonstrable career experience and com5 petence in a field for which there is a sig6 nificant shortage of qualified teachers, such

7 as mathematics, natural science, technology,

8 engineering, and special education;

9 ‘‘(ii) an individual who is a graduate

10 of an institution of higher education who—

11 ‘‘(I) has graduated not later than

12 3 years before applying to an agency

13 or consortium to teach under this sub14 section;

15 ‘‘(II) in the case of an individual

16 wishing to teach in a secondary school,

17 has completed an academic major (or

18 courses totaling an equivalent number

19 of credit hours) in the academic subject

20 that the individual will teach;

21 ‘‘(III) has graduated in the top 50

22 percent of the individual’s under23 graduate or graduate class;

24 ‘‘(IV) can demonstrate a high level

25 of competence through a high level of
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1 performance in the academic subject

2 that the individual will teach; and

3 ‘‘(V) meets any additional aca4 demic or other standards or qualifica5 tions established by the State; or

6 ‘‘(iii) a paraprofessional who—

7 ‘‘(I) has been working as a para8 professional in an instructional role in

9 an elementary school or secondary

10 school for at least 2 years;

11 ‘‘(II) can demonstrate that the

12 paraprofessional is capable of com13 pleting a bachelor’s degree in not more

14 than 2 years and is in the top 50 per15 cent of the individual’s undergraduate

16 class;

17 ‘‘(III) will work toward comple18 tion of an academic major (or courses

19 totaling an equivalent number of credit

20 hours) in the academic subject that the

21 paraprofessional will teach; and

22 ‘‘(IV) can demonstrate a high level

23 of competence through a high level of

24 performance in the academic subject

25 that the paraprofessional will teach.
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1 ‘‘(B) HIGH NEED LOCAL EDUCATIONAL

2 AGENCY.—The term ‘high need local educational

3 agency’ means a local educational agency that

4 serves—

5 ‘‘(i) a high need school district; and

6 ‘‘(ii) a high need school.

7 ‘‘(C) HIGH NEED SCHOOL.—The term ‘high

8 need school’ means a school that—

9 ‘‘(i)(I) is located in an area in which

10 the percentage of students from families

11 with incomes below the poverty line is 30

12 percent or more; or

13 ‘‘(II) is located in an area, other than

14 a metropolitan statistical area, that the

15 State determines has a high percentage of

16 students from families with incomes below

17 the poverty line or that has experienced

18 greater than normal difficulty in recruiting

19 or retaining teachers; and

20 ‘‘(ii) is located in an area in which

21 there is a high percentage of secondary

22 school teachers not teaching in the content

23 area in which teachers were trained to

24 teach, is within the top quartile of schools

25 statewide, as ranked by the number of un-
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1 filled, available teacher positions at the

2 schools, is located in an area in which there

3 is a high teacher turnover rate, or is located

4 in an area in which there is a high percent5 age of teachers who are not certified or li6 censed.

7 ‘‘(D) HIGH NEED SCHOOL DISTRICT.—The

8 term ‘high need school district’ means a school

9 district in which there is—

10 ‘‘(i)(I) a high need school; and

11 ‘‘(II) a high percentage of individuals

12 from families with incomes below the pov13 erty line; and

14 ‘‘(ii)(I) a high percentage of secondary

15 school teachers not teaching in the content

16 area in which the teachers were trained to

17 teach; or

18 ‘‘(II) a high teacher turnover rate.

19 ‘‘(E) POVERTY LINE.—The term ‘poverty

20 line’ means the income official poverty line (as

21 defined by the Office of Management and Budget,

22 and revised annually in accordance with section

23 673(2) of the Community Services Block Grant

24 Act (42 U.S.C. 9902(2)) applicable to a family

25 of the size involved.
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1 ‘‘(3) GRANT PROGRAM.—

2 ‘‘(A) IN GENERAL.—The Secretary shall es3 tablish a program to make grants on a competi4 tive basis to State educational agencies, regional

5 consortia of State educational agencies, high

6 need local educational agencies, and consortia of

7 high need local educational agencies, to develop

8 State and local teacher corps or other programs

9 to establish, expand, or enhance teacher recruit10 ment and retention efforts.

11 ‘‘(B) PRIORITY.—In making such a grant,

12 the Secretary shall give priority to an agency or

13 consortium of agencies that applies for the grant

14 in collaboration with an institution of higher

15 education or a nonprofit organization that has a

16 proven record of effectively recruiting and re17 taining highly qualified teachers in high need

18 school districts.

19 ‘‘(4) APPLICATION.—

20 ‘‘(A) IN GENERAL.—To be eligible to receive

21 a grant under this subsection, an agency or con22 sortium described in paragraph (3) shall submit

23 an application to the Secretary at such time, in

24 such manner, and containing such information

25 as the Secretary may require.
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1 ‘‘(B) CONTENTS.—The application shall—

2 ‘‘(i) describe how the agency or consor3 tium will use funds received under this sub4 section to develop a teacher corps or other

5 program to recruit and retain highly quali6 fied mid-career professionals, recent grad7 uates from an institution of higher edu8 cation, and paraprofessionals as teachers in

9 high need schools;

10 ‘‘(ii) explain how the agency or consor11 tium will determine that teacher candidates

12 seeking to participate in a program under

13 this section are eligible participants;

14 ‘‘(iii) explain how the program will

15 meet the relevant State laws (including reg16 ulations) related to teacher certification and

17 licensing;

18 ‘‘(iv) explain how the agency or con19 sortium will ensure that no paraprofes20 sional will be hired through the program as

21 a teacher until the paraprofessional has ob22 tained a bachelor’s degree and meets the re23 quirements of subclauses (II) through (V) of

24 paragraph (2)(A)(ii);
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1 ‘‘(v) include a determination of the

2 high need academic subjects in the jurisdic3 tion served by the agency or consortium and

4 how the agency or consortium will recruit

5 teachers for those subjects;

6 ‘‘(vi) describe how the grant will in7 crease the number of highly qualified teach8 ers in high need schools in high need school

9 districts that are urban or rural school dis10 tricts;

11 ‘‘(vii) describe how the agency or con12 sortium described in paragraph (3) has met

13 the requirements of subparagraph (C);

14 ‘‘(viii) describe how the agency or con15 sortium will coordinate the activities car16 ried out with the funds with activities car17 ried out with other Federal, State, and local

18 funds for teacher recruitment and retention;

19 ‘‘(ix) describe the plan of the agency or

20 consortium described in paragraph (3) to

21 recruit and retain highly qualified teachers

22 in the high need academic subjects and high

23 need schools and facilitate the certification

24 or licensing of such teachers; and
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1 ‘‘(x) describe how the agency or consor2 tium described in paragraph (3) will meet

3 the requirements of paragraph (7)(A).

4 ‘‘(C) COLLABORATION.—In developing the

5 application, the agency or consortium shall con6 sult with and seek input from—

7 ‘‘(i) in the case of a partnership estab8 lished by a State educational agency or con9 sortium of such agencies, representatives of

10 local educational agencies, including teach11 ers, principals, superintendents, and school

12 board members (including representatives of

13 their professional organizations if appro14 priate);

15 ‘‘(ii) in the case of a partnership estab16 lished by a local educational agency or a

17 consortium of such agencies, representatives

18 of a State educational agency;

19 ‘‘(iii) elementary school and secondary

20 school teachers, including representatives of

21 their professional organizations;

22 ‘‘(iv) institutions of higher education;

23 ‘‘(v) parents; and

24 ‘‘(vi) other interested individuals and

25 organizations, such as businesses, experts in
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1 curriculum development, and nonprofit or2 ganizations with a proven record of effec3 tively recruiting and retaining highly

4 qualified teachers in high need school dis5 tricts.

6 ‘‘(5) DURATION OF GRANTS.—The Secretary may

7 make grants under this subsection for periods of 5

8 years. At the end of the 5-year period for such a

9 grant, the grant recipient may apply for an addi10 tional grant under this subsection.

11 ‘‘(6) EQUITABLE DISTRIBUTION.—The Secretary

12 shall ensure an equitable geographic distribution of

13 grants among the regions of the United States.

14 ‘‘(7) REQUIREMENTS.—

15 ‘‘(A) TARGETING.—An agency or consor16 tium that receives a grant under this subsection

17 to carry out a program shall ensure that partici18 pants in the program recruited with funds made

19 available under this subsection are placed in

20 high need schools, within high need school dis21 tricts. In placing the participants in the schools,

22 the agency or consortium shall give priority to

23 the schools that are located in areas with the

24 highest percentage of students from families with

25 incomes below the poverty line.
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1 ‘‘(B) SUPPLEMENT NOT SUPPLANT.—Funds

2 made available under this subsection shall be

3 used to supplement and not supplant State and

4 local public funds expended for teacher recruit5 ment and retention programs, including pro6 grams to recruit the teachers through alternative

7 routes to certification.

8 ‘‘(C) PARTNERSHIPS ESTABLISHED BY

9 LOCAL EDUCATIONAL AGENCIES.—In the case of

10 a partnership established by a local educational

11 agency or a consortium of such agencies to carry

12 out a program under this section the local edu13 cational agency or consortium shall not be eligi14 ble to receive funds through a State program

15 under this section.

16 ‘‘(8) USES OF FUNDS.—

17 ‘‘(A) IN GENERAL.—An agency or consor18 tium that receives a grant under this subsection

19 shall use the funds made available through the

20 grant to develop a teacher corps or other pro21 gram in order to establish, expand, or enhance a

22 teacher recruitment and retention program for

23 highly qualified mid-career professionals, grad24 uates of institutions of higher education, and

25 paraprofessionals, who are eligible participants,
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1 including activities that provide alternative

2 routes to teacher certification.

3 ‘‘(B) SPECIFIC ACTIVITIES.—The agency or

4 consortium shall use the funds to carry out a

5 teacher corps or other program that includes 2 or

6 more activities that consist of—

7 ‘‘(i)(I) providing loans, scholarships,

8 stipends, bonuses, and other financial in9 centives, that are linked to participation in

10 activities that have proven effective in re11 taining teachers in higher need school dis12 tricts, to all eligible participants (in an

13 amount of not more than the lesser of

14 $5,000 per eligible participant) who—

15 ‘‘(aa) are enrolled in a program

16 under this section located in a State;

17 and

18 ‘‘(bb) agree to seek certification

19 through alternative routes to certifi20 cation in that State; and

21 ‘‘(II) giving a preference, in awarding

22 the loans, scholarships, stipends, bonuses,

23 and other financial incentives, to individ24 uals who the State determines have finan25 cial need for such loans, scholarships, sti-
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1 pends, bonuses, and other financial incen2 tives;

3 ‘‘(ii) making payments (in an amount

4 of not more than $5,000 per eligible partici5 pant) to schools to pay for costs associated

6 with accepting teachers recruited under this

7 subsection from among eligible participants

8 or to provide financial incentives to pro9 spective teachers who are eligible partici10 pants;

11 ‘‘(iii) providing mentoring;

12 ‘‘(iv) providing internships;

13 ‘‘(v) carrying out co-teaching arrange14 ments;

15 ‘‘(vi) providing high quality, sustained

16 in-service professional development opportu17 nities;

18 ‘‘(vii) offering opportunities for teacher

19 candidates to participate in preservice, high

20 quality course work;

21 ‘‘(viii) collaboration with institutions

22 of higher education in developing and im23 plementing programs to facilitate teacher

24 recruitment (including teacher
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1 credentialing) and teacher retention pro2 grams;

3 ‘‘(ix) providing accelerated paraprofes4 sional-to-teacher programs that provide a

5 paraprofessional with sufficient training

6 and development to enable the paraprofes7 sional to complete a bachelor’s degree and

8 fulfill other State certification or licensing

9 requirements and that provide full pay and

10 leave from paraprofessional duties for the

11 period necessary to complete the degree and

12 become certified or licensed; and

13 ‘‘(x) carrying out other programs,

14 projects, and activities that—

15 ‘‘(I) are designed and have proven

16 to be effective in recruiting and retain17 ing teachers; and

18 ‘‘(II) the Secretary determines to

19 be appropriate.

20 ‘‘(C) DEVELOPMENT OF LONG-TERM RE21 CRUITMENT AND RETENTION STRATEGIES.—In

22 addition to the activities authorized under sub23 paragraph (B), an agency or consortium that re24 ceives a grant under this subsection may use the

25 funds made available through the grant for—
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1 ‘‘(i) the establishment and operation,

2 or expansion and improvement, of a state3 wide or regionwide clearinghouse for the re4 cruitment and placement of preschool, ele5 mentary school, secondary school, and voca6 tional and technical school teachers (which

7 shall not be subject to the targeting require8 ments under paragraph (7)(A));

9 ‘‘(ii) the establishment of administra10 tive structures necessary for the development

11 and implementation of programs to provide

12 alternative routes to certification;

13 ‘‘(iii) the development of reciprocity

14 agreements between or among States for the

15 certification or licensure of teachers; and

16 ‘‘(iv) the implementation of other ac17 tivities designed to ensure the use of long18 term teacher recruitment and retention

19 strategies.

20 ‘‘(D) EFFECTIVE ACTIVITIES.—The agency

21 or consortium shall use the funds only for activi22 ties that have proven effective in both recruiting

23 and retaining teachers.

24 ‘‘(9) REPAYMENT.—The recipient of a loan

25 under this subsection shall immediately repay
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1 amounts received under such loan, and the recipient

2 of a scholarship, stipend, bonus, or other financial in3 centive under this subsection shall repay amounts re4 ceived under such scholarship, stipend, bonus, or other

5 financial incentive, to the agency or consortium from

6 which the loan, scholarship, stipend, bonus, or other

7 financial incentive was received if—

8 ‘‘(A) the recipient involved fails to complete

9 the applicable program providing alternative

10 routes to certification;

11 ‘‘(B) the recipient rejects a bona fide offer

12 of employment at a high need school served by

13 that agency or consortium during the 1-year pe14 riod beginning on the date on which the recipi15 ent completes such a program; or

16 ‘‘(C) the recipient fails to teach for at least

17 2 years in a high need school served by that

18 agency or consortium during the 5-year period

19 beginning on the date on which the individual

20 completes such a program.

21 ‘‘(10) ADMINISTRATIVE FUNDS.—No agency or

22 consortium that receives a grant under this subsection

23 shall use more than 5 percent of the funds made

24 available through the grant for the administration of
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1 a program under this section carried out under the

2 grant.

3 ‘‘(11) EVALUATION AND ACCOUNTABILITY FOR

4 RECRUITING AND RETAINING TEACHERS.—

5 ‘‘(A) EVALUATION.—Each agency or consor6 tium that receives a grant under this subsection

7 shall conduct—

8 ‘‘(i) an interim evaluation of the pro9 gram funded under the grant at the end of

10 the third year of the grant period; and

11 ‘‘(ii) a final evaluation of the program

12 at the end of the fifth year of the grant pe13 riod.

14 ‘‘(B) CONTENTS.—In conducting the evalua15 tion, the agency or consortium shall describe the

16 extent to which local educational agencies that

17 received funds through the grant have met those

18 goals relating to teacher recruitment and reten19 tion described in the application.

20 ‘‘(C) REPORTS.—The agency or consortium

21 shall prepare and submit to the Secretary and to

22 Congress interim and final reports containing

23 the results of the interim and final evaluations,

24 respectively.
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1 ‘‘(D) REVOCATION.—If the Secretary deter2 mines that the recipient of a grant under this

3 subsection has not made substantial progress in

4 meeting the goals and objectives of the grant by

5 the end of the third year of the grant period, the

6 Secretary—

7 ‘‘(i) shall revoke the payment made for

8 the fourth year of the grant period; and

9 ‘‘(ii) shall not make a payment for the

10 fifth year of the grant period.

11 ‘‘(12) AUTHORIZATION OF APPROPRIATIONS.—

12 There is authorized to be appropriated to carry out

13 this subsection $200,000,000 for fiscal year 2002 and

14 such sums as may be necessary for each of the 6 suc15 ceeding fiscal years.

16 ‘‘(f) NATIONAL TEACHER RECRUITMENT CAMPAIGN.—

17 ‘‘(1) GRANT.—The Secretary shall award a

18 grant, on a competitive basis, to a single national co19 alition of teacher and media organizations, including

20 the National Teacher Recruitment Clearinghouse, to

21 enable such organizations to jointly conduct a na22 tional public service campaign as described in para23 graph (2).

24 ‘‘(2) USE OF FUNDS.—A coalition that receives

25 a grant under paragraph (1) shall use amounts made
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1 available under the grant to conduct a national pub2 lic service campaign concerning the resources for and

3 routes to entering the field of teaching. In conducting

4 the campaign, the coalition shall focus on providing

5 information both to a national audience and in spe6 cific media markets, and shall specifically expand on,

7 promote, and link the coalition’s outreach efforts to,

8 the information referral activities and resources of the

9 National Teacher Recruitment Clearinghouse.

10 ‘‘(3) APPLICATION.—To be eligible to receive a

11 grant under this subsection, a coalition shall prepare

12 and submit to the Secretary an application at such

13 time, in such manner, and containing such informa14 tion as the Secretary may require.

15 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—

16 There is authorized to be appropriated to carry out

17 this subsection $3,000,000 for fiscal year 2002 and

18 each of the 6 succeeding fiscal years.

19 ‘‘PART B—MATHEMATICS AND SCIENCE

20 PARTNERSHIPS

21 ‘‘SEC. 2201. PURPOSE.

22 ‘‘The purpose of this part is to improve the perform23 ance of students in the areas of mathematics and science

24 by encouraging States, institutions of higher education, ele-
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1 mentary schools, and secondary schools to participate in

2 programs that—

3 ‘‘(1) upgrade the status and stature of mathe4 matics and science teaching by encouraging institu5 tions of higher education to assume greater responsi6 bility for improving mathematics and science teacher

7 education through the establishment of a comprehen8 sive, integrated system of recruiting and advising

9 such teachers;

10 ‘‘(2) focus on education of mathematics and

11 science teachers as a career-long process that should

12 continuously stimulate teachers’ intellectual growth

13 and upgrade teachers’ knowledge and skills;

14 ‘‘(3) bring mathematics and science teachers in

15 elementary schools and secondary schools together

16 with scientists, mathematicians, and engineers to in17 crease the subject matter knowledge and improve the

18 teaching skills of teachers through the use of more so19 phisticated laboratory equipment and space, com20 puting facilities, libraries, and other resources that

21 institutions of higher education are better able to pro22 vide than the schools;

23 ‘‘(4) develop more rigorous mathematics and

24 science curricula that are aligned with State and

25 local standards and with the standards expected for
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1 postsecondary study in engineering, mathematics and

2 science, respectively; and

3 ‘‘(5) improve and expand training of math and

4 science teachers, including in the effective integration

5 of technology into curricula and instruction.

6 ‘‘SEC. 2202. DEFINITIONS.

7 ‘‘In this part:

8 ‘‘(1) ELIGIBLE PARTNERSHIP.—The term ‘eligi9 ble partnership’ means a partnership that—

10 ‘‘(A) shall include—

11 ‘‘(i) a State educational agency;

12 ‘‘(ii) an engineering, mathematics or

13 science department of an institution of

14 higher education; and

15 ‘‘(iii) a local educational agency; and

16 ‘‘(B) may include—

17 ‘‘(i) another engineering, mathematics,

18 science, or teacher training department of

19 an institution of higher education;

20 ‘‘(ii) another local educational agency,

21 or an elementary school or secondary school;

22 ‘‘(iii) a business; or

23 ‘‘(iv) a nonprofit organization of dem24 onstrated effectiveness, including a museum

25 or high-impact public coalition composed of
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1 leaders from business, kindergarten through

2 grade 12 education, institutions of higher

3 education, and public policy organizations.

4 ‘‘(2) HIGH NEED LOCAL EDUCATIONAL AGEN5 CY.—The term ‘high need local educational agency’

6 has the meaning given the term in section 201(b) of

7 the Higher Education Act of 1965.

8 ‘‘(3) SUMMER WORKSHOP OR INSTITUTE.— The

9 term ‘summer workshop or institute’ means a work10 shop or institute, conducted during the summer,

11 that—

12 ‘‘(A) is conducted during a period of not

13 less than 2 weeks;

14 ‘‘(B) provides for a program that provides

15 direct interaction between students and faculty;

16 and

17 ‘‘(C) provides for followup training during

18 the academic year that—

19 ‘‘(i) except as provided in clause (ii) or

20 (iii), shall be conducted in the classroom for

21 a period of not less than 3 days, which may

22 or may not be consecutive;

23 ‘‘(ii) if the program described in sub24 paragraph (B) is for a period of not more
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1 than 2 weeks, shall be conducted for a pe2 riod of more than 3 days; or

3 ‘‘(iii) if the program is for teachers in

4 rural school districts, may be conducted

5 through distance education.

6 ‘‘Subpart 1—Grants to Partnerships

7 ‘‘SEC. 2211. GRANTS AUTHORIZED.

8 ‘‘(a) IN GENERAL.—The Secretary is authorized to

9 award grants, on a competitive basis, to eligible partner10 ships to enable the eligible partnerships to pay the Federal

11 share of the costs of carrying out the authorized activities

12 described in section 2213.

13 ‘‘(b) DURATION.—The Secretary shall award grants

14 under this section for a period of 5 years.

15 ‘‘(c) FEDERAL SHARE.—

16 ‘‘(1) IN GENERAL.—The Federal share of the

17 costs of the activities assisted under this subpart shall

18 be—

19 ‘‘(A) 75 percent of the costs for the first

20 year an eligible partnership receives a grant

21 payment under this subpart;

22 ‘‘(B) 65 percent of the costs for the second

23 such year; and

24 ‘‘(C) 50 percent of the costs for each of the

25 third, fourth, and fifth such years.
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1 ‘‘(2) NON-FEDERAL SHARE.—The non-Federal

2 share of the costs may be provided in cash or in kind,

3 fairly evaluated.

4 ‘‘(d) PRIORITY.—In awarding grants under this sub5 part the Secretary shall give priority to partnerships that

6 include high need local educational agencies or a consor7 tium of local educational agencies that include a high need

8 local education agency.

9 ‘‘SEC. 2212. APPLICATION REQUIREMENTS.

10 ‘‘(a) IN GENERAL.—Each eligible partnership desiring

11 a grant under this subpart shall submit an application to

12 the Secretary at such time, in such manner, and accom13 panied by such information as the Secretary may require.

14 ‘‘(b) CONTENTS.—Each such application shall

15 include—

16 ‘‘(1) the results of a comprehensive assessment of

17 the teacher quality and professional development

18 needs of all the schools and agencies participating in

19 the eligible partnership with respect to the teaching

20 and learning of mathematics and science, and such

21 assessment may include, but not be limited to, data

22 that accurately represents—

23 ‘‘(A) the participation of students in ad24 vanced courses in mathematics and science,
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1 ‘‘(B) the percentages of secondary school

2 classes in mathematics and science taught by

3 teachers with academic majors in mathematics

4 and science, respectively,

5 ‘‘(C) the number and percentage of mathe6 matics and science teachers who participate in

7 content-based professional development activities,

8 and

9 ‘‘(D) the extent to which elementary teach10 ers have the necessary content knowledge to teach

11 mathematics and science;

12 ‘‘(2) a description of how the activities to be car13 ried out by the eligible partnership will be aligned

14 with State and local standards and with other edu15 cational reform activities that promote student

16 achievement in mathematics and science;

17 ‘‘(3) a description of how the activities to be car18 ried out by the eligible partnership will be based on

19 a review of relevant research, and an explanation of

20 why the activities are expected to improve student

21 performance and to strengthen the quality of mathe22 matics and science instruction;

23 ‘‘(4) a description of—
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1 ‘‘(A) how the eligible partnership will carry

2 out the authorized activities described in section

3 2213; and

4 ‘‘(B) the eligible partnership’s evaluation

5 and accountability plan described in section

6 2214; and

7 ‘‘(5) a description of how the State educational

8 agency and local educational agency in the eligible

9 partnership will comply with section 6 (regarding

10 participation by private school children and teach11 ers).

12 ‘‘SEC. 2213. AUTHORIZED ACTIVITIES.

13 ‘‘An eligible partnership shall use the grant funds pro14 vided under this subpart for 1 or more of the following ac15 tivities related to elementary schools or secondary schools:

16 ‘‘(1) Developing or redesigning more rigorous

17 mathematics and science curricula that are aligned

18 with State and local standards and with the stand19 ards expected for postsecondary study in mathematics

20 and science, respectively.

21 ‘‘(2) Creating opportunities for enhanced and

22 ongoing professional development that improves the

23 subject matter knowledge of mathematics and science

24 teachers.
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1 ‘‘(3) Recruiting mathematics and science majors

2 to teaching through the use of—

3 ‘‘(A) recruiting individuals with dem4 onstrated professional experience in mathematics

5 or science through the use of signing incentives

6 and performance incentives for mathematics and

7 science teachers as long as those incentives are

8 linked to activities proven effective in retaining

9 teachers;

10 ‘‘(B) stipends to mathematics teachers and

11 science teachers for certification through alter12 native routes;

13 ‘‘(C) scholarships for teachers to pursue ad14 vanced course work in mathematics or science;

15 and

16 ‘‘(D) carrying out any other program that

17 the State believes to be effective in recruiting into

18 and retaining individuals with strong mathe19 matics or science backgrounds in the teaching

20 field.

21 ‘‘(4) Promoting strong teaching skills for mathe22 matics and science teachers and teacher educators, in23 cluding integrating reliable scientifically based re24 search teaching methods and technology-based teach25 ing methods into the curriculum.
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1 ‘‘(5) Establishing mathematics and science sum2 mer workshops or institutes (including followup

3 training) for teachers, using curricula that are exper4 iment-oriented, content-based, and grounded in re5 search that is current as of the date of the workshop

6 or institute involved.

7 ‘‘(6) Establishing distance learning programs for

8 mathematics and science teachers using curricula that

9 are innovative, content-based, and grounded in re10 search that is current as of the date of the program

11 involved.

12 ‘‘(7) Designing programs to prepare a teacher at

13 a school to provide professional development to other

14 teachers at the school and to assist novice teachers at

15 such school, including (if applicable) a mechanism to

16 integrate experiences from a summer workshop or in17 stitute.

18 ‘‘(8) Designing programs to bring teachers into

19 contact with working engineers and scientists.

20 ‘‘(9) Designing programs to identify and develop

21 mathematics and science master teachers in the kin22 dergarten through grade 8 classrooms.

23 ‘‘(10) Performing a statewide systemic needs as24 sessment of mathematics, science, and technology edu25 cation, analyzing the assessment, developing a stra-
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1 tegic plan based on the assessment and its analysis,

2 and engaging in activities to implement the strategic

3 plan consistent with the authorized activities in this

4 section.

5 ‘‘(11) Establishing a mastery incentive system

6 for elementary school or secondary school mathematics

7 or science teachers under which—

8 ‘‘(A) experienced mathematics or science

9 teachers who are licensed or certified to teach in

10 the State demonstrate their mathematics or

11 science knowledge and teaching expertise,

12 through objective means such as an advanced ex13 amination or professional evaluation of teaching

14 performance and classroom skill including a pro15 fessional video;

16 ‘‘(B) incentives shall be awarded to teachers

17 making the demonstration described in subpara18 graph (A);

19 ‘‘(C) priority for such incentives shall be

20 provided to teachers who teach in high need and

21 local educational agencies; and

22 ‘‘(D) the partnership shall devise a plan to

23 ensure that recipients of incentives under this

24 paragraph remain in the teaching profession.
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1 ‘‘(12) Training teachers and developing pro2 grams to encourage girls and young women to pursue

3 postsecondary degrees and careers in mathematics

4 and science, including engineering and technology.

5 ‘‘SEC. 2214. EVALUATION AND ACCOUNTABILITY PLAN.

6 ‘‘Each eligible partnership receiving a grant under

7 this subpart shall develop an evaluation and accountability

8 plan for activities assisted under this subpart that includes

9 strong performance objectives. The plan shall include objec10 tives and measures for—

11 ‘‘(1) improved student performance on State

12 mathematics and science assessments or the Third

13 International Math and Science Study assessment;

14 ‘‘(2) increased participation by students in ad15 vanced courses in mathematics and science;

16 ‘‘(3) increased percentages of secondary school

17 classes in mathematics and science taught by teachers

18 with academic majors in mathematics and science, re19 spectively; and

20 ‘‘(4) increased numbers of mathematics and

21 science teachers who participate in content-based pro22 fessional development activities.

23 ‘‘SEC. 2215. REPORT; REVOCATION OF GRANT.

24 ‘‘(a) REPORT.—Each eligible partnership receiving a

25 grant under this subpart annually shall report to the Sec-
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1 retary regarding the eligible partnership’s progress in meet2 ing the performance objectives described in section 2214.

3 ‘‘(b) REVOCATION.—If the Secretary determines that

4 an eligible partnership is not making substantial progress

5 in meeting the performance objectives described in section

6 2214 by the end of the third year of a grant under this

7 subpart, the grant payments shall not be made for the

8 fourth and fifth year of the grant.

9 ‘‘Subpart 2—Eisenhower Clearinghouse for

10 Mathematics and Science Education

11 ‘‘SEC. 2221. CLEARINGHOUSE.

12 ‘‘(a) GRANT OR CONTRACT.—

13 ‘‘(1) IN GENERAL.—The Secretary, in consulta14 tion with the Director of the National Science Foun15 dation, may award a grant or contract to an entity

16 to continue the operation of the Eisenhower National

17 Clearinghouse for Mathematics and Science Edu18 cation (referred to in this section as the ‘Clearing19 house’). The Secretary shall award the grant or con20 tract on a competitive basis, on the basis of merit.

21 ‘‘(2) DURATION.—The grant or contract awarded

22 under paragraph (1) shall be awarded for a period of

23 5 years.

24 ‘‘(b) CLEARINGHOUSE.—
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1 ‘‘(1) USE OF FUNDS.—An entity that receives a

2 grant or contract under subsection (a) shall use the

3 funds made available through the grant or contract

4 to—

5 ‘‘(A) maintain a permanent repository of

6 mathematics and science education instructional

7 materials and programs for elementary schools

8 and secondary schools, including middle schools;

9 ‘‘(B) compile information on all mathe10 matics and science education programs adminis11 tered by each Federal agency or department;

12 ‘‘(C) disseminate instructional materials,

13 programs, and information to the public and

14 dissemination networks, including information

15 on model engineering, science, technology, and

16 mathematics teacher mentoring programs;

17 ‘‘(D) coordinate activities with entities op18 erating identifiable databases containing mathe19 matics and science instructional materials and

20 programs, including Federal, non-Federal, and,

21 where feasible, international, databases;

22 ‘‘(E) gather qualitative and evaluative data

23 on submissions to the Clearinghouse;

24 ‘‘(F)(i) solicit and gather (in consultation

25 with the Department, national teacher associa-
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1 tions, professional associations, and other review2 ers and developers of instructional materials and

3 programs) qualitative and evaluative materials

4 and programs, including full text and graphics,

5 for the Clearinghouse;

6 ‘‘(ii) review the evaluation of the materials

7 and programs, and rank the effectiveness of the

8 materials and programs on the basis of the eval9 uations, except that nothing in this subpara10 graph shall be construed to permit the Clearing11 house to directly conduct an evaluation of the

12 materials or programs; and

13 ‘‘(iii) distribute to teachers, in an easily ac14 cessible manner, the results of the reviews (in a

15 short, standardized, and electronic format that

16 contains electronic links to an electronic version

17 of the qualitative and evaluative materials and

18 programs described in clause (i)), excerpts of the

19 materials and programs, links to Internet-based

20 sites, and information regarding on-line commu21 nities of persons who use the materials and pro22 grams; and

23 ‘‘(G) develop and establish an Internet24 based site offering a search mechanism to assist

25 site visitors in identifying information available
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1 through the Clearinghouse on engineering,

2 science, technology, and mathematics education

3 instructional materials and programs, including

4 electronic links to information on classroom

5 demonstrations and experiments, to teachers who

6 have used materials or participated in programs,

7 to vendors, to curricula, and to textbooks.

8 ‘‘(2) SUBMISSION TO CLEARINGHOUSE.—Each

9 Federal agency or department that develops mathe10 matics or science education instructional materials or

11 programs, including the National Science Foundation

12 and the Department, shall submit to the Clearing13 house copies of such materials or programs.

14 ‘‘(3) STEERING COMMITTEE.—The Secretary

15 may appoint a steering committee to recommend poli16 cies and activities for the Clearinghouse.

17 ‘‘(4) APPLICATION OF COPYRIGHT LAWS.—Noth18 ing in this section shall be construed to allow the use

19 or copying, in any medium, of any material collected

20 by the Clearinghouse that is protected under the copy21 right laws of the United States unless the Clearing22 house obtains the permission of the owner of the copy23 right. The Clearinghouse, in carrying out this sub24 section, shall ensure compliance with title 17, United

25 States Code.
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1 ‘‘(c) APPLICATION.—

2 ‘‘(1) IN GENERAL.—To be eligible to receive a

3 grant or contract under subsection (a) to operate the

4 Clearinghouse, an entity shall submit an application

5 to the Secretary at such time, in such manner, and

6 accompanied by such information as the Secretary

7 may reasonably require.

8 ‘‘(2) PEER REVIEW.—The Secretary shall estab9 lish a peer review process to review the applications

10 and select the recipient of the award under subsection

11 (a).

12 ‘‘(d) DISSEMINATION OF INFORMATION.—The Sec13 retary shall disseminate information concerning the grant

14 or contract awarded under this section to State educational

15 agencies, local educational agencies, and institutions of

16 higher education. The information disseminated shall in17 clude examples of exemplary national programs in mathe18 matics and science instruction and information on nec19 essary technical assistance for the establishment of similar

20 programs.

21 ‘‘(e) REPORT.—Not later than 2 years after the date

22 of enactment of the Better Education for Students and

23 Teachers Act, the National Academy of Sciences, in con24 junction with appropriate related associations and organi25 zations, shall—
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1 ‘‘(1) conduct a study on the Clearinghouse to

2 evaluate the effectiveness of the Clearinghouse in con3 ducting the activities described in subsection (b)(1);

4 and

5 ‘‘(2) submit to Congress a report on the results

6 of the study, including any recommendations of the

7 Academy regarding the Clearinghouse.

8 ‘‘Subpart 3—Preparing Tomorrow’s Teachers To Use

9 Technology

10 ‘‘SEC. 2231. PURPOSE; PROGRAM AUTHORITY.

11 ‘‘(a) PURPOSE.—It is the purpose of this subpart to

12 assist consortia of public and private entities in carrying

13 out programs that prepare prospective teachers to use ad14 vanced technology to foster learning environments condu15 cive to preparing all students to meet challenging State and

16 local content and student performance standards, and to

17 improve the ability of institutions of higher education to

18 carry out such programs.

19 ‘‘(b) PROGRAM AUTHORITY.—

20 ‘‘(1) IN GENERAL.—The Secretary, acting

21 through the Director of the Office of Educational

22 Technology, is authorized to award grants, contracts,

23 or cooperative agreements on a competitive basis to

24 eligible applicants in order to pay for the Federal

25 share of the cost of assisting applicants in carrying
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1 out projects to develop or redesign teacher preparation

2 programs to enable prospective teachers to use ad3 vanced technology effectively in their classrooms.

4 ‘‘(2) PERIOD OF AWARDS.—The Secretary may

5 award grants, contracts, or cooperative agreements

6 under this subpart for a period of not more than 5

7 years.

8 ‘‘SEC. 2232. ELIGIBILITY.

9 ‘‘(a) ELIGIBLE APPLICANTS.—In order to receive an

10 award under this subpart, an applicant shall be a consor11 tium that includes—

12 ‘‘(1) at least 1 institution of higher education

13 that offers a baccalaureate degree and prepares teach14 ers for their initial entry into teaching;

15 ‘‘(2) at least 1 State educational agency or local

16 educational agency; and

17 ‘‘(3) 1 or more entities consisting of—

18 ‘‘(A) an institution of higher education

19 (other than the institution described in para20 graph (1));

21 ‘‘(B) a school or department of education at

22 an institution of higher education;

23 ‘‘(C) a school or college of arts and sciences

24 at an institution of higher education;
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1 ‘‘(D) a professional association, foundation,

2 museum, library, for-profit business, public or

3 private nonprofit organization, community-based

4 organization, or other entity, with the capacity

5 to contribute to the technology-related reform of

6 teacher preparation programs.

7 ‘‘(b) APPLICATION REQUIREMENTS.—In order to re8 ceive an award under this subpart, an eligible applicant

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

10 in such manner, and containing such information as the

11 Secretary may require. Such application shall include—

12 ‘‘(1) a description of the proposed project, in13 cluding how the project would both ensure that indi14 viduals participating in the project would be pre15 pared to use advanced technology to create learning

16 environments conducive to preparing all students, in17 cluding girls and students who have economic and

18 educational disadvantages, to meet challenging State

19 and local content and student performance standards

20 and to improve the ability of at least 1 participating

21 institution of higher education as described in section

22 2232(a)(1) to ensure such preparation;

23 ‘‘(2) a demonstration of—
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1 ‘‘(A) the commitment, including the finan2 cial commitment, of each of the members of the

3 consortium for the proposed project; and

4 ‘‘(B) the active support of the leadership of

5 each organization that is a member of the con6 sortium for the proposed project;

7 ‘‘(3) a description of how each member of the

8 consortium will be included in project activities;

9 ‘‘(4) a description of how the proposed project

10 will be continued after Federal funds are no longer

11 awarded under this subpart; and

12 ‘‘(5) a plan for the evaluation of the project,

13 which shall include benchmarks to monitor progress

14 toward specific project objectives.

15 ‘‘(c) MATCHING REQUIREMENTS.—

16 ‘‘(1) IN GENERAL.—The Federal share of the cost

17 of any project funded under this subpart shall not ex18 ceed 50 percent. Except as provided in paragraph (2),

19 the non-Federal share of the cost of such project may

20 be provided in cash or in kind, fairly evaluated, in21 cluding services.

22 ‘‘(2) ACQUISITION OF EQUIPMENT.—Not more

23 than 10 percent of the funds awarded for a project

24 under this subpart may be used to acquire equipment,

25 networking capabilities, or infrastructure, and the
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1 non-Federal share of the cost of any such acquisition

2 shall be provided in cash.

3 ‘‘SEC. 2233. USE OF FUNDS.

4 ‘‘(a) REQUIRED USES.—A recipient of an award

5 under this subpart shall use funds made available under

6 this subpart for—

7 ‘‘(1) a project that creates programs that enable

8 prospective teachers to use advanced technology to cre9 ate learning environments conducive to preparing all

10 students, including girls and students who have eco11 nomic and educational disadvantages, to meet chal12 lenging State and local content and student perform13 ance standards; and

14 ‘‘(2) evaluating the effectiveness of the project.

15 ‘‘(b) PERMISSIBLE USES.—The recipient may use

16 funds made available under this subpart for activities, de17 scribed in the application submitted by the recipient under

18 this subpart, that carry out the purpose of this subpart,

19 such as—

20 ‘‘(1) developing and implementing high-quality

21 teacher preparation programs that enable educators

22 to—

23 ‘‘(A) learn the full range of resources that

24 can be accessed through the use of technology;
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1 ‘‘(B) integrate a variety of technologies into

2 the curricula and instruction in order to expand

3 students’ knowledge;

4 ‘‘(C) evaluate educational technologies and

5 their potential for use in instruction;

6 ‘‘(D) help students develop their technical

7 skills; and

8 ‘‘(E) use technology to collect, manage and

9 analyze data to inform their teaching and deci10 sion-making;

11 ‘‘(2) developing alternative teacher development

12 paths that provide elementary schools and secondary

13 schools with well-prepared, technology-proficient edu14 cators;

15 ‘‘(3) developing performance-based standards

16 and assessments aligned with the standards to meas17 ure the capacity of prospective teachers to use tech18 nology effectively in their classrooms;

19 ‘‘(4) providing technical assistance to entities

20 carrying out other teacher preparation programs;

21 ‘‘(5) developing and disseminating resources and

22 information in order to assist institutions of higher

23 education to prepare teachers to use technology effec24 tively in their classrooms; and
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1 ‘‘(6) subject to section 2232(c)(2), acquiring tech2 nology equipment, networking capabilities, infrastruc3 ture and software and digital curriculum to carry out

4 the project.

5 ‘‘Subpart 4—General Provisions

6 ‘‘SEC. 2241. CONSULTATION WITH NATIONAL SCIENCE

7 FOUNDATION.

8 ‘‘In carrying out the activities authorized by this part,

9 the Secretary shall consult and coordinate activities with

10 the Director of the National Science Foundation, particu11 larly with respect to the appropriate roles for the Depart12 ment and the Foundation in the conduct of summer work13 shops or institutes provided by the eligible partnerships to

14 improve mathematics and science teaching in elementary

15 schools and secondary schools.

16 ‘‘SEC. 2242. AUTHORIZATION OF APPROPRIATIONS.

17 ‘‘(a) GRANTS.—There are authorized to be appro18 priated to carry out subpart 1 $900,000,000 for fiscal year

19 2002 and such sums as may be necessary for each of the

20 6 succeeding fiscal years.

21 ‘‘(b) CLEARINGHOUSE.—There are authorized to be ap22 propriated to carry out subpart 2 $5,000,000 for fiscal year

23 2002 and such sums as may be necessary for each of the

24 6 succeeding fiscal years.
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1 ‘‘(c) TECHNOLOGY PREPARATION.—There are author2 ized to be appropriated to carry out subpart 3 $150,000,000

3 for fiscal year 2002 and such sums as may be necessary

4 for each of the 6 succeeding fiscal years.

5 ‘‘PART C—STATE AND LOCAL PROGRAMS FOR

6 TECHNOLOGY USE IN CLASSROOMS

7 ‘‘SEC. 2301. PURPOSE; GOAL.

8 ‘‘(a) PURPOSE.—The purpose of this part is to support

9 a comprehensive system to effectively use technology in ele10 mentary and secondary schools to improve student aca11 demic achievement and performance.

12 ‘‘(b) GOAL.—A goal of this part shall also be to assist

13 every student in crossing the digital divide by ensuring that

14 every child is technologically literate by the time the child

15 finishes the 8th grade, regardless of the child’s race, eth16 nicity, gender, income, geography, or disability. It shall be

17 a further goal of this part to encourage the effective integra18 tion of technology resources and systems with teacher train19 ing and curriculum development to establish research-based

20 methods that can be widely implemented into best practices

21 by State and local educational agencies.

22 ‘‘SEC. 2302. DEFINITIONS.

23 ‘‘In this part:

24 ‘‘(1) ADULT EDUCATION.—The term ‘adult edu25 cation’ has the meaning given the term in section
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1 312(2) of the Adult Education Act (20 U.S.C.

2 1201a(2)).

3 ‘‘(2) ALL STUDENTS.—The term ‘all students’

4 means students from a broad range of backgrounds

5 and circumstances, including disadvantaged students,

6 students with diverse racial, ethnic, and cultural

7 backgrounds, students with disabilities, students with

8 limited English proficiency, and academically tal9 ented students.

10 ‘‘(3) CHILD IN POVERTY.—The term ‘child in

11 poverty’ means a child from a family with a family

12 income below the poverty line (as defined in section

13 2102).

14 ‘‘(4) INFORMATION INFRASTRUCTURE.—The term

15 ‘information infrastructure’ means a network of com16 munication systems designed to exchange information

17 among all citizens and residents of the United States.

18 ‘‘(5) INTEROPERABLE; INTEROPERABILITY.—The

19 terms ‘interoperable’ and ‘interoperability’ mean the

20 ability to exchange data easily with, and connect to,

21 other hardware and software in order to provide the

22 greatest accessibility for all students and other users.

23 ‘‘(6) PUBLIC TELECOMMUNICATIONS ENTITY.—

24 The term ‘public telecommunications entity’ has the
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1 meaning given the term in section 397(12) of the

2 Communications Act of 1934 (47 U.S.C. 397(12)).

3 ‘‘(7) STATE EDUCATIONAL AGENCY.—The term

4 ‘State educational agency’ includes the Bureau of In5 dian Affairs for purposes of serving schools funded by

6 the Bureau of Indian Affairs in accordance with this

7 part.

8 ‘‘(8) STATE LIBRARY ADMINISTRATIVE AGEN9 CY.—The term ‘State library administrative agency’

10 has the meaning given the term in section 213(5) of

11 the Library Services and Technology Act (20 U.S.C.

12 9122(5)).

13 ‘‘SEC. 2303. ALLOTMENT AND REALLOTMENT.

14 ‘‘(a) LIMITATION.—

15 ‘‘(1) IN GENERAL.—From funds appropriated

16 under this part, the Secretary shall reserve such sums

17 as may be necessary for grants awarded under section

18 3136 and teacher training in technology under section

19 3122 prior to the date of enactment of the Better Edu20 cation for Students and Teacher Act.

21 ‘‘(2) BUREAU OF INDIAN AFFAIRS FUNDED

22 SCHOOLS.—From funds appropriated under this part,

23 the Secretary shall reserve 0.75 percent of such funds

24 for Bureau of Indian Affairs funded schools. Not later

25 than 6 months after the date of enactment of the Bet-
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1 ter Education for Students and Teacher Act, the Sec2 retary of the Interior shall establish rules for distrib3 uting such funds in accordance with a formula devel4 oped by the Secretary of the Interior, in consultation

5 with school boards of Bureau of Indian Affairs funded

6 schools taking into consideration whether a minimum

7 amount is needed to ensure small schools can utilize

8 funding effectively.

9 ‘‘(b) ALLOTMENT.—

10 ‘‘(1) IN GENERAL.—Except as provided in para11 graph (2), each State educational agency shall be eli12 gible to receive a grant under this part for a fiscal

13 year in an amount which bears the same relationship

14 to the amount made available under section 2312 for

15 such year as the amount such State received under

16 part A of title I for such year bears to the amount

17 received for such year under such part by all States.

18 ‘‘(2) MINIMUM.—No State educational agency

19 shall be eligible to receive a grant under paragraph

20 (1) in any fiscal year in an amount which is less

than 1 21 ⁄2 of 1 percent of the amount made available

22 under section 2312 for such year.

23 ‘‘(c) REALLOTMENT OF UNUSED FUNDS.—

24 ‘‘(1) IN GENERAL.—The amount of any State

25 educational agency’s allotment under subsection (b)
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1 for any fiscal year which the State determines will

2 not be required for such fiscal year to carry out this

3 part shall be available for reallotment from time to

4 time, on such dates during such year as the Secretary

5 may determine, to other State educational agencies in

6 proportion to the original allotments to such State

7 educational agencies under subsection (b) for such

8 year, but with such proportionate amount for any of

9 such other State educational agencies being reduced to

10 the extent such amount exceeds the sum the State esti11 mates such State needs and will be able to use for

12 such year.

13 ‘‘(2) OTHER REALLOTMENTS.—The total of re14 ductions under paragraph (1) shall be similarly real15 lotted among the State educational agencies whose

16 proportionate amounts were not so reduced. Any

17 amounts reallotted to a State educational agency

18 under this subsection during a year shall be deemed

19 a subpart of such agency’s allotment under subsection

20 (b) for such year.

21 ‘‘SEC. 2304. TECHNOLOGY GRANTS.

22 ‘‘(a) GRANTS TO STATES.—

23 ‘‘(1) IN GENERAL.—From amounts made avail24 able under section 2303, the Secretary, through the

25 Office of Educational Technology, shall award grants
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1 to State educational agencies having applications ap2 proved under section 2305. The Secretary shall give

3 priority when awarding grants under this paragraph

4 to State educational agencies whose applications sub5 mitted under section 2305 outline a strategy to carry

6 out part E.

7 ‘‘(2) USE OF GRANTS.—

8 ‘‘(A) AWARD TO AGENCIES.—Each State

9 educational agency receiving a grant under

10 paragraph (1) shall use such grant funds to

11 award grants, on a competitive basis, to local

12 educational agencies to enable such local edu13 cational agencies to carry out the activities de14 scribed in section 2306.

15 ‘‘(B) SUFFICIENCY.—In awarding grants

16 under subparagraph (A), each State educational

17 agency shall ensure that each such grant is of

18 sufficient duration, and of sufficient size, scope,

19 and quality, to carry out the purposes of this

20 part effectively.

21 ‘‘(C) PRIORITY.—In awarding the grants,

22 each State educational agency shall give priority

23 to the local educational agencies serving the

24 school districts that have the highest number or

25 percentage of children in poverty and have a
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1 substantial demonstrated need for assistance in

2 acquiring and integrating technology.

3 ‘‘(D) DISTRIBUTION.—In awarding the

4 grants, each State educational agency shall as5 sure an equitable distribution of assistance under

6 this part among urban and rural areas of the

7 State, according to the demonstrated need of the

8 local educational agencies serving the areas.

9 ‘‘(b) TECHNICAL ASSISTANCE.—Each State edu10 cational agency receiving a grant under subsection (a)

11 shall—

12 ‘‘(1) identify the local educational agencies

13 served by the State educational agency that—

14 ‘‘(A) have the highest number or percentage

15 of children in poverty; and

16 ‘‘(B) demonstrate to such State educational

17 agency the greatest need for technical assistance

18 in developing the application under 2307; and

19 ‘‘(2) offer such technical assistance to such local

20 educational agencies.

21 ‘‘SEC. 2305. STATE APPLICATION.

22 ‘‘To receive a grant under this part, each State edu23 cational agency shall submit an application to the Sec24 retary at such time, in such manner, and accompanied by

25 such information as the Secretary may reasonably require,
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1 including a systemic statewide educational technology plan

2 that—

3 ‘‘(1) outlines the long-term strategies for improv4 ing student performance, academic achievement, and

5 technology literacy, through the effective use of tech6 nology in classrooms throughout the State, including

7 through improving the capacity of teachers to effec8 tively integrate technology into the curricula and in9 struction;

10 ‘‘(2) outlines how the plan incorporates—

11 ‘‘(A) teacher education and professional de12 velopment;

13 ‘‘(B) curricular development; and

14 ‘‘(C) technology resources and systems for

15 the purpose of establishing best practices that

16 can be widely implemented by State and local

17 educational agencies;

18 ‘‘(3) outlines the strategies for increasing paren19 tal involvement in schools through the effective use of

20 technology;

21 ‘‘(4) outlines long-term strategies for financing

22 technology education in the State to ensure all stu23 dents, teachers, and classrooms will have access to

24 technology, describes how the State will use funds pro25 vided under this part to help ensure such access, and
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1 describes how business, industry, and other public

2 and private agencies, including libraries, library lit3 eracy programs, and institutions of higher education,

4 can participate in the implementation, ongoing plan5 ning, and support of the plan;

6 ‘‘(5) contains an assurance that the State edu7 cational agency will comply with section 6 (regarding

8 participation by private school children and teach9 ers);

10 ‘‘(6) provides assurance that financial assistance

11 provided under this part shall supplement, not sup12 plant, State and local funds;

13 ‘‘(7) meets such other criteria as the Secretary

14 may establish in order to enable such agency to pro15 vide assistance to local educational agencies that have

16 the highest numbers or percentages of children in pov17 erty and demonstrate the greatest need for technology,

18 in order to enable such local educational agencies, for

19 the benefit of school sites served by such local edu20 cational agencies, to improve student academic

21 achievement and student performance; and

22 ‘‘(8) outlines how the plan incorporates—

23 ‘‘(A) teacher education and professional de24 velopment;

25 ‘‘(B) curricular development; and
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1 ‘‘(C) technology resources and systems for

2 the purpose of establishing best practices that

3 can be widely implemented by the State and

4 local educational agencies.

5 ‘‘SEC. 2306. LOCAL USES OF FUNDS.

6 ‘‘(a) IN GENERAL.—Each local educational agency, to

7 the extent possible, shall use the funds made available under

8 section 2304(a)(2) for—

9 ‘‘(1) acquiring, adapting, expanding, imple10 menting and maintaining existing and new applica11 tions of technology, to support the school reform effort,

12 improve student academic achievement, performance,

13 and technology literacy;

14 ‘‘(2) providing ongoing professional development

15 in the integration of quality educational technologies

16 into school curriculum;

17 ‘‘(3) acquiring connectivity linkages, resources,

18 and services, including the acquisition of hardware

19 and software, for use by teachers, students, academic

20 counselors, and school library media personnel in the

21 classroom, in academic and college counseling centers,

22 or in school library media centers, in order to im23 prove student academic achievement and student per24 formance;
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1 ‘‘(4) acquiring connectivity with wide area net2 works for purposes of accessing information, edu3 cational programming sources and professional devel4 opment, particularly with institutions of higher edu5 cation and public libraries;

6 ‘‘(5) providing educational services for adults

7 and families;

8 ‘‘(6) repairing and maintaining school tech9 nology equipment;

10 ‘‘(7) acquiring, expanding, and implementing

11 technology to collect, manage, and analyze data, in12 cluding student achievement data, to inform teaching,

13 decision-making, and school improvement efforts, in14 cluding the training of teachers and administrators;

15 ‘‘(8) using technology to promote parent and

16 family involvement and support communications be17 tween parents, teachers, and students; and

18 ‘‘(9) acquiring connectivity linkages, resources,

19 and services, including the acquisition of hardware

20 and software, for use by teachers, students, academic

21 counselors, and school library media personnel in the

22 classroom, in academic and college counseling centers,

23 or in school library media centers, in order to im24 prove student academic achievement and student per25 formance.
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1 ‘‘(b) ALLOWABLE USES OF FUNDS.—Each local edu2 cational agency may use the funds made available under

3 section 2304(a)(2) for—

4 ‘‘(1) utilizing technology to develop or expand ef5 forts to connect schools and teachers with parents to

6 promote meaningful parental involvement and foster

7 increased communication about curriculum, assign8 ments, and assessments; and

9 ‘‘(2) providing support to help parents under10 stand the technology being applied in their child’s

11 education so that parents are able to reinforce their

12 child’s learning.

13 ‘‘(c) SPECIAL RULE.—A local educational agency re14 ceiving a grant under this part shall use at least 30 percent

15 of allocated funds for professional development.

16 ‘‘SEC. 2307. LOCAL APPLICATION.

17 ‘‘(a) APPLICATION.—Each local educational agency

18 desiring assistance from a State educational agency under

19 section 2304(a)(2) shall submit an application, consistent

20 with the objectives of the systemic statewide plan, to the

21 State educational agency at such time, in such manner, and

22 accompanied by such information as the State educational

23 agency may reasonably require. Such application, at a

24 minimum, shall include an updated version of a strategic,

25 long-range plan (3 to 5 years) that includes—
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1 ‘‘(1) a description of how the activities to be car2 ried out by the local educational agency under this

3 part will be based on a review of relevant research

4 and an explanation of why the activities are expected

5 to improve student achievement, and technology lit6 eracy;

7 ‘‘(2) an explanation of how the acquired tech8 nologies will be integrated into the curriculum to help

9 the local educational agency improve student aca10 demic achievement, student performance, and teach11 ing;

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

13 agency will ensure the effective use of technology to

14 promote parental involvement and increase commu15 nication with parents;

16 ‘‘(4) a description of how parents will be in17 formed of the use of technologies so that the parents

18 are able to reinforce at home the instruction their

19 child receives at school;

20 ‘‘(5) a description of the type of technologies to

21 be acquired, including services, software, and digital

22 curricula, including specific provisions for interoper23 ability among components of such technologies;

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

25 agency will ensure ongoing, sustained professional de-
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1 velopment for teachers, administrators, and school li2 brary media personnel served by the local educational

3 agency to further the effective use of technology in the

4 classroom or library media center, including a list of

5 those entities that will partner with the local edu6 cational agency in providing ongoing sustained pro7 fessional development;

8 ‘‘(7) the projected cost of technologies to be ac9 quired and related expenses needed to implement the

10 plan;

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

12 agency will coordinate the technology provided pursu13 ant to this part with other grant funds available for

14 technology from other Federal, State, and local

15 sources;

16 ‘‘(9) a description of a process for the ongoing

17 evaluation of how technologies acquired under this

18 part will be integrated into the school curriculum and

19 will affect technology literacy, student academic

20 achievement, and performance, as related to chal21 lenging State content standards and State student

22 performance standards in all subjects;

23 ‘‘(10) a description of how the local educational

24 agency will comply with section 6 (regarding partici25 pation by private school children and teachers); and
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1 ‘‘(11) a description of the evaluation plan that

2 the local educational agency will carry out pursuant

3 to section 2308(a).

4 ‘‘(b) FORMATION OF CONSORTIA.—A local educational

5 agency for any fiscal year may apply for financial assist6 ance as part of a consortium with other local educational

7 agencies, institutions of higher education, intermediate edu8 cational units, libraries, or other educational entities ap9 propriate to provide local programs. The State educational

10 agency may assist in the formation of consortia among local

11 educational agencies, providers of educational services for

12 adults and families, institutions of higher education, inter13 mediate educational units, libraries, or other appropriate

14 educational entities to provide services for the teachers and

15 students in a local educational agency at the request of such

16 local educational agency.

17 ‘‘(c) COORDINATION OF APPLICATION REQUIRE18 MENTS.—If a local educational agency submitting an ap19 plication for assistance under this section has developed a

20 comprehensive education improvement plan, the State edu21 cational agency may approve such plan, or a component

22 of such plan if the State educational agency determines that

23 such approval would further the purposes of this part.
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1 ‘‘SEC. 2308. ACCOUNTABILITY.

2 ‘‘(a) EVALUATION PLAN.—Each local educational

3 agency receiving funds under this part shall establish and

4 include in the agency’s application submitted under section

5 2307 an evaluation plan that requires evaluation of the

6 agency and the schools served by the agency with respect

7 to strong performance objectives and other measures

8 concerning—

9 ‘‘(1) increased professional development and in10 creased effective use of technology in educating stu11 dents;

12 ‘‘(2) increased technology literacy;

13 ‘‘(3) increased access to technology in the class14 room, especially in low-income schools; and

15 ‘‘(4) other indicators reflecting increased student

16 academic achievement or student performance, as a

17 result of technology.

18 ‘‘(b) REPORT.—Each local educational agency receiv19 ing a grant under this part shall annually prepare and

20 submit to the State educational agency a report regarding

21 the progress of the local educational agency and the schools

22 served by the local educational agency toward achieving the

23 purposes of this part and meeting the performance objectives

24 and measures described in this section.

25 ‘‘(c) SANCTION.—If after 3 years, the local educational

26 agency does not show measurable improvements, the local
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1 educational agency shall not receive funds for the remaining

2 grant years.

3 ‘‘(d) ASSISTANCE.—The State educational agency shall

4 provide technical assistance to the local educational agency

5 to assist them in meeting the performance objectives and

6 measures described in this section.

7 ‘‘SEC. 2309. NATIONAL EVALUATION OF TECHNOLOGY

8 PLANS.

9 ‘‘Not later than 36 months after the date of enactment

10 of this title, the Secretary, in consultation with other Fed11 eral departments or agencies, State and local educational

12 practitioners, and policy makers, including teachers, prin13 cipals and superintendents, and experts in technology and

14 the application of technology to education, shall report to

15 Congress on best practices in implementing technology effec16 tively consistent with the provisions of section 2305(2). The

17 report shall include recommendations for revisions to the

18 National Education Technology Plan for the purpose of es19 tablishing best practices that can be widely implemented

20 by State and local educational agencies.

21 ‘‘SEC. 2310. NATIONAL EDUCATION TECHNOLOGY PLAN.

22 ‘‘(a) IN GENERAL.—Not later than 12 months after the

23 date of enactment of this section, the Secretary shall prepare

24 the national long-range plan that supports the overall na-
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1 tional technology policy. The Secretary shall update such

2 plan periodically when appropriate.

3 ‘‘(b) CONSULTATION.—In preparing the plan described

4 in subsection (a), the Secretary shall consult with other

5 Federal departments or agencies, State and local education

6 practitioners, and policymakers, including teachers, prin7 cipals, and superintendents, experts in technology and the

8 applications of technology to education, representatives of

9 distance learning consortia, representatives of telecommuni10 cations partnerships receiving assistance under the Star

11 Schools Act or the Technology Challenge Fund program,

12 and providers of technology services and products.

13 ‘‘(c) SUBMISSION; PUBLICATION.—Upon completion of

14 the plan described in subsection (a), the Secretary shall—

15 ‘‘(1) submit such plan to the President and to

16 the appropriate committees of Congress; and

17 ‘‘(2) publish such plan in a form that is readily

18 accessible to the public, including on the Internet.

19 ‘‘(d) CONTENT OF THE PLAN.—The plan described in

20 subsection (a) shall describe the following:

21 ‘‘(1) EFFECTIVE USE.—The plan shall describe

22 the manner in which the Secretary will encourage the

23 effective use of technology to provide all students the

24 opportunity to achieve challenging State academic

25 content standards and challenging State student per-
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1 formance standards, especially through programs ad2 ministered by the Department.

3 ‘‘(2) JOINT ACTIVITIES.—The plan shall describe

4 joint activities in support of the overall national tech5 nology policy to be carried out with other Federal de6 partments or agencies, such as the Office of Science

7 and Technology Policy, the National Endowment for

8 the Humanities, the National Endowment for the

9 Arts, the National Institute for Literacy, the National

10 Aeronautics and Space Administration, the National

11 Science Foundation, the Bureau of Indian Affairs,

12 and the Departments of Commerce, Energy, Health

13 and Human Services, and Labor—

14 ‘‘(A) to promote the use of technology in

15 education, training, and lifelong learning, in16 cluding plans for the educational uses of a na17 tional information infrastructure; and

18 ‘‘(B) to ensure that the policies and pro19 grams of such departments or agencies facilitate

20 the use of technology for educational purposes, to

21 the extent feasible.

22 ‘‘(3) COLLABORATION.—The plan shall describe

23 the manner in which the Secretary will work with

24 educators, State and local educational agencies, and

25 appropriate representatives of the private sector, in-
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1 cluding the Universal Service Administrative Com2 pany, to facilitate the effective use of technology in

3 education.

4 ‘‘(4) PROMOTING ACCESS.—The plan shall de5 scribe the manner in which the Secretary will

6 promote—

7 ‘‘(A) higher academic achievement and per8 formance of all students through the integration

9 of technology into the curriculum;

10 ‘‘(B) increased access to the benefits of tech11 nology for teaching and learning for schools with

12 a high number or percentage of children from

13 low-income families;

14 ‘‘(C) the use of technology to assist in the

15 implementation of State systemic reform strate16 gies;

17 ‘‘(D) the application of technological ad18 vances to use in improving educational opportu19 nities;

20 ‘‘(E) increased access to high quality adult

21 and family education services through the use of

22 technology for instruction and professional devel23 opment;

24 ‘‘(F) increased parental involvement in

25 schools through the use of technology; and
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1 ‘‘(G) increased opportunities for the profes2 sional development of teachers in the use of new

3 technologies.

4 ‘‘(5) EXCHANGE.—The plan shall describe the

5 manner in which the Secretary will promote the ex6 change of information among States, local edu7 cational agencies, schools, consortia, and other entities

8 concerning the conditions and practices that support

9 effective use of technology in improving teaching and

10 student educational opportunities, academic achieve11 ment, and technology literacy.

12 ‘‘(6) GOALS.—The plan shall describe the Sec13 retary’s long-range measurable goals and objectives

14 relating to the purposes of this part.

15 ‘‘SEC. 2311. NATIONAL TECHNOLOGY INITIATIVES.

16 ‘‘(a) IN GENERAL.—The Secretary shall establish a

17 program to identify and disseminate the practices under

18 which technology is effectively integrated into education to

19 enhance teaching and learning and to improve student

20 achievement, performance and technology literacy.

21 ‘‘(b) USE OF FUNDS.—In carrying out the program

22 established under subsection (a), the Secretary shall—

23 ‘‘(1) conduct, through the Office of Educational

24 Research and Improvement, in consultation with the
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1 Office of Educational Technology, an independent,

2 longitudinal study on—

3 ‘‘(A) the conditions and practices under

4 which educational technology is effective in in5 creasing student academic achievement; and

6 ‘‘(B) the conditions and practices that in7 crease the ability of teachers to effectively inte8 grate technology into the curricula and instruc9 tion, enhance the learning environment and op10 portunities, and increase student performance,

11 technology literacy, and related 21st century

12 skills; and

13 ‘‘(2) make widely available, including through

14 dissemination on the Internet and to all State edu15 cational agencies and other grantees under this sec16 tion, the findings identified through the activities of

17 this section regarding the conditions and practices

18 under which education technology is effective.

19 ‘‘SEC. 2312. AUTHORIZATION OF APPROPRIATIONS.

20 ‘‘(a) IN GENERAL.—There are authorized to be appro21 priated to carry out this part $1,000,000,000 for fiscal year

22 2002 and such sums as may be necessary for each of the

23 6 succeeding fiscal years.

24 ‘‘(b) LIMITATION.—Not more than 5 percent of the

25 funds made available to a recipient under this part for any
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1 fiscal year may be used by such recipient for administrative

2 costs or technical assistance.

3 ‘‘(c) FUNDING FOR NATIONAL TECHNOLOGY INITIA4 TIVES.—Not more than .5 percent of the funds appropriated

5 under subsection (a) may be used for the activities of the

6 Secretary under section 2311.’’.

7 SEC. 202. TEACHER MOBILITY.

8 (a) SHORT TITLE.—This section may be cited as the

9 ‘‘Teacher Mobility Act’’.

10 (b) MOBILITY OF TEACHERS.—Title II of the Elemen11 tary and Secondary Education Act of 1965 (20 U.S.C. 6601

12 et seq.), as amended by section 201, is further amended by

13 adding at the end the following:

14 ‘‘PART D—TEACHER MOBILITY

15 ‘‘SEC. 2401. NATIONAL PANEL ON TEACHER MOBILITY.

16 ‘‘(a) ESTABLISHMENT.—There is established a panel

17 to be known as the National Panel on Teacher Mobility (re18 ferred to in this section as the ‘panel’).

19 ‘‘(b) MEMBERSHIP.—The panel shall be composed of

20 9 members appointed by the Secretary. The Secretary shall

21 appoint the members from among practitioners and experts

22 with experience relating to teacher mobility, such as teach23 ers, members of teacher certification or licensing bodies, fac24 ulty of institutions of higher education that prepare teach25 ers, and State policymakers with such experience.
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1 ‘‘(c) PERIOD OF APPOINTMENT; VACANCIES.—Members

2 shall be appointed for the life of the panel. Any vacancy

3 in the panel shall not affect the powers of the panel, but

4 shall be filled in the same manner as the original appoint5 ment.

6 ‘‘(d) DUTIES.—

7 ‘‘(1) STUDY.—

8 ‘‘(A) IN GENERAL.—The panel shall study

9 strategies for increasing mobility and employ10 ment opportunities for high quality teachers, es11 pecially for States with teacher shortages and

12 States with districts or schools that are difficult

13 to staff.

14 ‘‘(B) DATA AND ANALYSIS.—As part of the

15 study, the panel shall evaluate the desirability

16 and feasibility of State initiatives that support

17 teacher mobility by collecting data and con18 ducting effective analysis on—

19 ‘‘(i) teacher supply and demand;

20 ‘‘(ii) the development of recruitment

21 and hiring strategies that support teachers;

22 and

23 ‘‘(iii) increasing reciprocity of licenses

24 across States.
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1 ‘‘(2) REPORT.—Not later than 1 year after the

2 date on which all members of the panel have been ap3 pointed, the panel shall submit to the Secretary and

4 to the appropriate committees of Congress a report

5 containing the results of the study.

6 ‘‘(e) POWERS.—

7 ‘‘(1) HEARINGS.—The panel may hold such

8 hearings, sit and act at such times and places, take

9 such testimony, and receive such evidence as the panel

10 considers advisable to carry out the objectives of this

11 section.

12 ‘‘(2) INFORMATION FROM FEDERAL AGENCIES.—

13 The panel may secure directly from any Federal de14 partment or agency such information as the panel

15 considers necessary to carry out the provisions of this

16 section. Upon request of a majority of the members of

17 the panel, the head of such department or agency

18 shall furnish such information to the panel.

19 ‘‘(3) POSTAL SERVICES.—The panel may use the

20 United States mails in the same manner and under

21 the same conditions as other departments and agen22 cies of the Federal Government.

23 ‘‘(f) PERSONNEL.—

24 ‘‘(1) TRAVEL EXPENSES.—The members of the

25 panel shall not receive compensation for the perform-
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1 ance of services for the panel, but shall be allowed

2 travel expenses, including per diem in lieu of subsist3 ence, at rates authorized for employees of agencies

4 under subchapter I of chapter 57 of title 5, United

5 States Code, while away from their homes or regular

6 places of business in the performance of services for

7 the panel. Notwithstanding section 1342 of title 31,

8 United States Code, the Secretary may accept the vol9 untary and uncompensated services of members of the

10 panel.

11 ‘‘(2) DETAIL OF GOVERNMENT EMPLOYEES.—

12 Any Federal Government employee may be detailed to

13 the panel without reimbursement, and such detail

14 shall be without interruption or loss of civil service

15 status or privilege.

16 ‘‘(g) PERMANENT COMMITTEE.—Section 14 of the Fed17 eral Advisory Committee Act (5 U.S.C. App.) shall not

18 apply to the panel.

19 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—

20 ‘‘(1) IN GENERAL.—There is authorized to be ap21 propriated to carry out this section such sums as may

22 be necessary for fiscal year 2002.

23 ‘‘(2) AVAILABILITY.—Any sums appropriated

24 under the authorization contained in this subsection
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1 shall remain available, without fiscal year limitation,

2 until expended.’’.

3 SEC. 203. MODIFICATION OF TROOPS-TO-TEACHERS PRO4 GRAM.

5 (a) PURPOSE.—The purpose of this section is to au6 thorize a mechanism for the funding and administration

7 of the Troops-to-Teachers Program established by the

8 Troops-to-Teachers Program Act of 1999 (title XVII of the

9 National Defense Authorization Act for Fiscal Year 2000).

10 (b) DEFINITIONS.—Section 1701 of the Troops-to11 Teachers Program Act of 1999 (20 U.S.C. 9301) is

12 amended—

13 (1) in subsection (b)—

14 (A) in paragraph (1), by striking ‘‘means’’

15 and all that follows and inserting ‘‘means the

16 Secretary of Education’’;

17 (B) by striking paragraph (2);

18 (C) by redesignating paragraphs (3) and

19 (4), as paragraphs (2) and (3), respectively; and

20 (D) in paragraph (2) (as so redesignated),

21 by inserting before the period the following: ‘‘and

22 active and former members of the Coast Guard’’;

23 and

24 (2) by adding at the end the following:
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1 ‘‘(c) ADMINISTRATION.—To the extent that funds are

2 made available under this title, the administering Secretary

3 shall use such funds to enter into a memorandum of agree4 ment with the Defense Activity for Non-Traditional Edu5 cation Support (referred to in this subsection as

6 ‘DANTES’), of the Department of Defense. DANTES shall

7 use amounts made available under the memorandum of

8 agreement to administer the Troops-to-Teachers Program,

9 including the selection of participants in the Program in

10 accordance with section 1704. The administering Secretary

11 may retain a portion of the funds to identify local edu12 cational agencies with concentrations of children from low13 income families or with teacher shortages and States with

14 alternative certification or licensure requirements, as re15 quired by section 1702.’’.

16 (c) AUTHORIZATION.—Section 1702 of the Troops-to17 Teachers Program Act of 1999 (20 U.S.C. 9302) is

18 amended—

19 (1) in subsection (a)—

20 (A) in paragraph (1)—

21 (i) by striking ‘‘after their discharge or

22 release, or retirement,’’ and insert ‘‘who re23 tire’’; and

24 (ii) by striking ‘‘and’’ at the end;
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1 (B) by redesignating paragraph (2) as

2 paragraph (3); and

3 (C) by inserting after paragraph (1), the

4 following:

5 ‘‘(2) to assist members of the active reserve forces

6 to obtain certification or licensure as elementary or

7 secondary school teachers or as vocational or technical

8 teachers; and’’; and

9 (2) by adding at the end the following:

10 ‘‘(e) FUNDING.—The administering Secretary shall

11 provide appropriate funds to the Secretary of Defense to

12 enable the Secretary of Defense to manage and operate the

13 Troops-to-Teachers Program.’’.

14 (d) ELIGIBLE MEMBERS.—Section 1703 of the Troops15 to-Teachers Program Act of 1999 (20 U.S.C. 9303) is

16 amended—

17 (1) by striking subsection (a) and inserting the

18 following:

19 ‘‘(a) ELIGIBLE MEMBERS.—Subject to subsection (c),

20 any member of the Armed Forces who, during the period

21 beginning on October 1, 2000, and ending on September

22 30, 2006, retired from the active duty or who is a member

23 of the active reserve and who satisfies such other criteria

24 for the selection as the administering Secretary may re-
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1 quire, shall be eligible for selection to participate in the

2 Troops-to-Teachers Program.’’; and

3 (2) in subsection (d)—

4 (A) by striking ‘‘(1) The administering Sec5 retary’’ and inserting ‘‘Secretary of Defense’’;

6 and

7 (B) by striking paragraph (2); and

8 (3) by adding at the end the following:

9 ‘‘(e) PLACEMENT ASSISTANCE AND REFERRAL SERV10 ICES.—The administering Secretary may, with the agree11 ment of the Secretary of Defense, provide placement assist12 ance and referral services to members of the Armed Forces

13 who separated from active duty under honorable cir14 cumstances. Such members shall meet education qualifica15 tion requirements under subsection (b). Such members shall

16 not be eligible for financial assistance under subsections (a)

17 and (b) of section 1705.’’.

18 (e) SELECTION OF PARTICIPANTS.—Section 1704 of

19 the Troops-to-Teachers Program Act of 1999 (20 U.S.C.

20 9304) is amended—

21 (1) in subsection (a), by striking ‘‘on a timely

22 basis’’;

23 (2) by striking subsection (b);

24 (3) in subsection (e)—
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1 (A) in the matter preceding paragraph (1),

2 by inserting ‘‘and receives financial assistance’’

3 after ‘‘Program’’; and

4 (B) in paragraph (2), by striking ‘‘four

5 school’’ and all that follows and inserting ‘‘three

6 school years with a local educational agency, ex7 cept that the Secretary of Defense may waive the

8 3 year commitment if the Secretary determines

9 such waiver to be appropriate.’’;

10 (4) in subsection (f), by striking ‘‘subsection (e)’’

11 and inserting ‘‘subsection (d)’’; and

12 (5) by redesignating subsections (c) through (f)

13 as subsection (b) through (e), respectively.

14 (f) STIPENDS AND BONUSES.—Section 1705 of the

15 Troops-to-Teachers Program Act of 1999 (20 U.S.C. 9305)

16 is amended—

17 (1) in subsection (a)—

18 (A) by striking ‘‘(1) Subject’’ and inserting

19 ‘‘Subject’’; and

20 (B) by striking paragraph (2);

21 (2) in subsection (b)—

22 (A) by striking paragraph (2);

23 (B) in paragraph (3)—

24 (i) by striking subparagraphs (A)

25 through (D) and inserting the following:
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1 ‘‘(A) The school is in a low-income school

2 district as defined by the administering Sec3 retary.’’; and

4 (ii) by redesignating subparagraphs

5 (E) and (F), as subparagraphs (B) and (C),

6 respectively; and

7 (C) by redesignating paragraph (3) as

8 paragraph (2); and

9 (3) in subsection (d)—

10 (A) by striking ‘‘four years’’ each place that

11 such appears and inserting ‘‘three years’’; and

12 (B) in paragraph (2), by striking ‘‘1704(e)’’

13 and inserting ‘‘1704(d)’’.

14 (g) PARTICIPATION BY STATES.—Section 1706(b) of

15 the Troops-to-Teachers Program Act of 1999 (20 U.S.C.

16 9306(b)) is amended—

17 (1) by striking ‘‘(1) Subject to paragraph (2),

18 the’’ and inserting ‘‘The’’; and

19 (2) by striking paragraph (2).

20 (h) SUPPORT OF TEACHER CERTIFICATION PRO21 GRAMS.—The Troops-to-Teachers Program Act of 1999 (20

22 U.S.C. 9301 et seq.) is amended by striking 1707 through

23 1709 and inserting the following:
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1 ‘‘SEC. 1707. SUPPORT OF INNOVATIVE, PRE-RETIREMENT

2 TEACHER CERTIFICATION PROGRAMS.

3 ‘‘(a) IN GENERAL.—The administering Secretary may

4 enter into a memorandum of agreements with institutions

5 of higher education to develop, implement, and demonstrate

6 teacher certification programs for pre-retirement military

7 personnel for the purpose of preparing such personnel to

8 transition to teaching as a second career. Such program

9 shall—

10 ‘‘(1) provide for the recognition of military expe11 rience and training as related to licensure or certifi12 cation requirements;

13 ‘‘(2) provide courses of instruction that may be

14 provided at military installations;

15 ‘‘(3) incorporate alternative approaches to

16 achieve teacher certification such as innovative meth17 ods to gaining field based teaching experiences, and

18 assessments of background and experience as related

19 to skills, knowledge and abilities required of elemen20 tary or secondary school teachers; and

21 ‘‘(4) provide for the delivery of courses through

22 distance education methods.

23 ‘‘(b) APPLICATIONS PROCEDURES.—

24 ‘‘(1) IN GENERAL.—An institution of higher edu25 cation, or a consortia of such institutions, that desires

26 to enter into an memorandum under subsection (a)
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1 shall prepare and submit to the administering Sec2 retary a proposal, at such time, in such manner, and

3 containing such information as the administering

4 Secretary may require, including an assurance that

5 the institution is operating one or more programs

6 that lead to State approved teacher certification.

7 ‘‘(2) PREFERENCE.—The administering Sec8 retary shall give a preference to institutions (or con9 sortia) submitting proposals that provide for cost

10 sharing with respect to the program involved.

11 ‘‘(c) CONTINUATION OF PROGRAM.—An institution of

12 higher education that desires to continue a program that

13 is funded under this section after such funding is termi14 nated shall use amounts derived from tuition charges to

15 continue such program.

16 ‘‘SEC. 1708. AUTHORIZATION OF APPROPRIATIONS.

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

18 this title, $50,000,000 in fiscal year 2002, and such sums

19 as may be necessary in each subsequent fiscal year.’’.

20 SEC. 204. PROFESSIONAL DEVELOPMENT.

21 Section 3141(b)(2)(A) (20 U.S.C. 6861(b)(2)(A)) is

22 amended—

23 (1) in clause (i), by striking ‘‘and’’ at the end;

24 (2) in clause (ii)(V), by adding ‘‘and’’ after the

25 semicolon; and
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1 (3) by adding at the end the following:

2 ‘‘(iii) the provision of incentives, in3 cluding bonus payments, to recognized edu4 cators who achieve an information tech5 nology certification that is directly related

6 to the curriculum or content area in which

7 the teacher provides instruction;’’.

8 SEC. 205. CLOSE UP FELLOWSHIP PROGRAM AND NATIONAL

9 STUDENT/PARENT MOCK ELECTION.

10 Title II of the Elementary and Secondary Education

11 Act of 1965 (20 U.S.C. 6601 et seq.), as amended by section

12 202, is further amended by adding at the end the following:

13 ‘‘PART E—CLOSE UP FELLOWSHIP PROGRAM

14 ‘‘SEC. 2501. FINDINGS.

15 ‘‘Congress makes the following findings:

16 ‘‘(1) The strength of our democracy rests with the

17 willingness of our citizens to be active participants in

18 their governance. For young people to be such active

19 participants, it is essential that they develop a strong

20 sense of responsibility toward ensuring the common

21 good and general welfare of their local communities,

22 States and the Nation.

23 ‘‘(2) For the young people of our country to de24 velop a sense of responsibility for their fellow citizens,

25 communities and country, our educational system
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1 must assist them in the development of strong moral

2 character and values.

3 ‘‘(3) Civic education about our Federal Govern4 ment is an integral component in the process of edu5 cating young people to be active and productive citi6 zens who contribute to strengthening and promoting

7 our democratic form of government.

8 ‘‘(4) There are enormous pressures on teachers to

9 develop creative ways to stimulate the development of

10 strong moral character and appropriate value systems

11 among young people, and to educate young people

12 about their responsibilities and rights as citizens.

13 ‘‘(5) Young people who have economically dis14 advantaged backgrounds, or who are from other

15 under-served constituencies, have a special need for

16 educational programs that develop a strong a sense of

17 community and educate them about their rights and

18 responsibilities as citizens of the United States.

19 Under-served constituencies include those such as eco20 nomically disadvantaged young people in large met21 ropolitan areas, ethnic minorities, who are members

22 of recently immigrated or migrant families, Native

23 Americans or the physically disabled.

24 ‘‘(6) The Close Up Foundation has thirty years

25 of experience in providing economically disadvan-
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1 taged young people and teachers with a unique and

2 highly educational experience with how our federal

3 system of government functions through its programs

4 that bring young people and teachers to Washington,

5 D.C. for a first-hand view of our government in ac6 tion.

7 ‘‘(7) It is a worthwhile goal to ensure that eco8 nomically disadvantaged young people and teachers

9 have the opportunity to participate in Close Up’s

10 highly effective civic education program. Therefore, it

11 is fitting and appropriate to provide fellowships to

12 students of limited economic means and the teachers

13 who work with such students so that the students and

14 teachers may participate in the programs supported

15 by the Close Up Foundation. It is equally fitting and

16 appropriate to support the Close Up Foundation’s

17 ‘Great American Cities’ program that focuses on char18 acter and leadership development among economically

19 disadvantaged young people who reside in our Na20 tion’s large metropolitan areas.

21 ‘‘Subpart 1—Program for Middle and Secondary

22 School Students

23 ‘‘SEC. 2511. ESTABLISHMENT.

24 ‘‘(a) GENERAL AUTHORITY.—The Secretary is author25 ized to make grants in accordance with provisions of this
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1 subpart to the Close Up Foundation of Washington, District

2 of Columbia, a nonpartisan, nonprofit foundation, for the

3 purpose of assisting the Close Up Foundation in carrying

4 out its programs of increasing understanding of the Federal

5 Government among economically disadvantaged middle

6 and secondary school students.

7 ‘‘(b) USE OF FUNDS.—Grants under this subpart shall

8 be used only to provide financial assistance to economically

9 disadvantaged students who participate in the program de10 scribed in subsection (a). Financial assistance received pur11 suant to this subpart by such students shall be know as the

12 Close Up Fellowships.

13 ‘‘SEC. 2512. APPLICATIONS.

14 ‘‘(a) APPLICATION REQUIRED.—No grant under this

15 subpart may be made except upon an application at such

16 time, in such manner, and accompanied by such informa17 tion as the Secretary may reasonably require.

18 ‘‘(b) CONTENT OF APPLICATION.—Each such applica19 tion shall contain provisions to assure—

20 ‘‘(1) that fellowship grants are made to economi21 cally disadvantaged middle and secondary school stu22 dents;

23 ‘‘(2) that every effort shall be made to ensure the

24 participation of students from rural and small town

25 areas, as well as from urban areas, and that in
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1 awarding fellowships to economically disadvantaged

2 students, special consideration will be given to the

3 participation of students with special educational

4 needs, including students with disabilities, students

5 with migrant parents and ethnic minority students;

6 and

7 ‘‘(3) the proper disbursement of the funds re8 ceived under this subpart.

9 ‘‘Subpart 2—Program for Middle and Secondary

10 School Teachers

11 ‘‘SEC. 2521. ESTABLISHMENT.

12 ‘‘(a) GENERAL AUTHORITY.—The Secretary is author13 ized to make grants in accordance with provisions of this

14 subpart to the Close Up Foundation of Washington, District

15 of Columbia, a nonpartisan, nonprofit foundation, for the

16 purpose of assisting the Close Up Foundation in carrying

17 out its programs of teaching skills enhancement for middle

18 and secondary school teachers.

19 ‘‘(b) USE OF FUNDS.—Grants under this subpart shall

20 be used only to provide financial assistance to teachers who

21 participate in the program described in subsection (a). Fi22 nancial assistance received pursuant to this subpart by such

23 students shall be know as the Close Up Teacher Fellowships.
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1 ‘‘SEC. 2522. 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) CONTENT OF APPLICATION.—Each such applica7 tion shall contain provisions to assure—

8 ‘‘(1) that fellowship grants are made only to

9 teachers who have worked with at least one student

10 from such teacher’s school who participates in the

11 program described in section 2521(a);

12 ‘‘(2) that no teacher in each school participating

13 in the programs provided for in section (a) may re14 ceive more than one fellowship in any fiscal year; and

15 ‘‘(3) the proper disbursement of the funds re16 ceived under this subpart.

17 ‘‘Subpart 3—Program for New Americans

18 ‘‘SEC. 2531. ESTABLISHMENT.

19 ‘‘(a) GENERAL AUTHORITY.—The Secretary is author20 ized to make grants in accordance with provisions of this

21 subpart to the Close Up Foundation of Washington, District

22 of Columbia, a nonpartisan, nonprofit foundation, for the

23 purpose of assisting the Close Up Foundation in carrying

24 out its programs of increasing understanding of the Federal

25 Government among economically disadvantaged secondary

26 school students who are recent immigrants.
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1 ‘‘(b) DEFINITION.—For purposes of this subpart, the

2 term ‘recent immigrant student’ means a student of a fam3 ily that immigrated to the United states within five years

4 of the students participation in the program.

5 ‘‘(c) USE OF FUNDS.—Grants under this subpart shall

6 be used only to provide financial assistance to economically

7 disadvantaged recent immigrant students who participate

8 in the program described in subsection (a). Financial as9 sistance received pursuant to this subpart by such students

10 shall be know as the Close Up Fellowships for New Ameri11 cans.

12 ‘‘SEC. 2532. 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) CONTENT OF APPLICATION.—Each such applica18 tion shall contain provisions to assure—

19 ‘‘(1) that fellowship grants are made to economi20 cally disadvantaged secondary school students;

21 ‘‘(2) that every effort shall be made to ensure the

22 participation of recent immigrant students from

23 rural and small town areas, as well as from urban

24 areas, and that in awarding fellowships to economi25 cally disadvantaged recent immigrant students, spe-
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1 cial consideration will be given to the participation

2 of those students with special educational needs, in3 cluding students with disabilities, students with mi4 grant parents and ethnic minority students;

5 ‘‘(3) that activities permitted by subsection (a)

6 are fully described; and

7 ‘‘(4) the proper disbursement of the funds re8 ceived under this subpart.

9 ‘‘Subpart 4—General Provisions

10 ‘‘SEC. 2541. ADMINISTRATIVE PROVISIONS.

11 ‘‘(a) ACCOUNTABILITY.—In consultation with the Sec12 retary, the Close Up Foundation will devise and implement

13 procedures to measure the efficacy of the programs author14 ized in subparts 1, 2, and 3 in attaining objectives that

15 include: providing young people with an increased under16 standing of the Federal Government; heightening a sense of

17 civic responsibility among young people; and enhancing the

18 skills of educators in teaching young people about civic vir19 tue, citizenship competencies and the Federal Government.

20 ‘‘(b) GENERAL RULE.—Payments under this part may

21 be made in installments, in advance, or by way of reim22 bursement, with necessary adjustments on account of under23 payments or overpayments.

24 ‘‘(c) AUDIT RULE.—The Comptroller General of the

25 United States or any of the Comptroller General’s duly au-
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1 thorized representatives shall have access for the purpose of

2 audit and examination to any books, documents, papers,

3 and records that are pertinent to any grant under this part.

4 ‘‘SEC. 2542. AUTHORIZATION OF APPROPRIATIONS.

5 ‘‘(a) IN GENERAL.—There are authorized to be appro6 priated to carry out the provisions of subparts 1, 2, and

7 3 of this part $6,000,000 for fiscal year 2002 and such sums

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

9 years.

10 ‘‘(b) SPECIAL RULE.—Of the funds appropriated pur11 suant to subsection (a), not more than 30 percent may be

12 used for teachers associated with students participating in

13 the programs described in sections 2511, 2521 and 2531.

14 ‘‘PART F—NATIONAL STUDENT/PARENT MOCK

15 ELECTION

16 ‘‘SEC. 2601. NATIONAL STUDENT/PARENT MOCK ELECTION.

17 ‘‘(a) IN GENERAL.—The Secretary is authorized to

18 award grants to the National Student/Parent Mock Elec19 tion, a national nonprofit, nonpartisan organization that

20 works to promote voter participation in American elections

21 to enable it to carry out voter education activities for stu22 dents and their parents. Such activities may—

23 ‘‘(1) include simulated national elections at least

24 five days before the actual election that permit par25 ticipation by students and parents from all 50 States
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1 in the United States and its territories, Washington,

2 DC and American schools overseas; and

3 ‘‘(2) consist of—

4 ‘‘(A) school forums and local cable call-in

5 shows on the national issues to be voted upon in

6 an ‘issues forum’;

7 ‘‘(B) speeches and debates before students

8 and parents by local candidates or stand-ins for

9 such candidates;

10 ‘‘(C) quiz team competitions, mock press

11 conferences and speech writing competitions;

12 ‘‘(D) weekly meetings to follow the course of

13 the campaign; or

14 ‘‘(E) school and neighborhood campaigns to

15 increase voter turnout, including newsletters,

16 posters, telephone chains, and transportation.

17 ‘‘(b) REQUIREMENT.—The National Student/Parent

18 Mock Elections shall present awards to outstanding student

19 and parent mock election projects.

20 ‘‘SEC. 2602. AUTHORIZATION OF APPROPRIATIONS.

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

22 the provisions of this part $650,000 for fiscal year 2002

23 and such sums as may be necessary for each of the six suc24 ceeding fiscal years.’’.
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1 SEC. 206. RURAL TECHNOLOGY EDUCATION ACADEMIES

2 AND EARLY CHILDHOOD EDUCATOR PROFES3 SIONAL DEVELOPMENT.

4 Title II (20 U.S.C. 6601 et seq.), as amended by section

5 202, is further amended by adding at the end the following:

6 ‘‘PART G—RURAL TECHNOLOGY EDUCATION

7 ACADEMIES

8 ‘‘SEC. 2701. SHORT TITLE.

9 This part may be cited as the ‘Rural Technology Edu10 cation Academies Act’.

11 ‘‘SEC. 2702. FINDINGS AND PURPOSE.

12 ‘‘(a) FINDINGS.—Congress makes the following find13 ings:

14 ‘‘(1) Rural areas offer technology programs in

15 existing public schools, such as those in career and

16 technical education programs, but they are limited in

17 numbers and are not adequately funded. Further,

18 rural areas often cannot support specialized schools,

19 such as magnet or charter schools.

20 ‘‘(2) Technology can offer rural students edu21 cational and employment opportunities that they oth22 erwise would not have.

23 ‘‘(3) Schools in rural and small towns receive

24 disproportionately less funding than their urban

25 counterparts, necessitating that such schools receive
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1 additional assistance to implement technology cur2 riculum.

3 ‘‘(4) In the future, workers without technology

4 skills run the risk of being excluded from the new

5 global, technological economy.

6 ‘‘(5) Teaching technology in rural schools is vi7 tally important because it creates an employee pool

8 for employers sorely in need of information technology

9 specialists.

10 ‘‘(6) A qualified workforce can attract informa11 tion technology employers to rural areas and help

12 bridge the digital divide between rural and urban

13 American that is evidenced by the out-migration and

14 economic decline typical of many rural areas.

15 ‘‘(b) PURPOSE.—It is the purpose of this part to give

16 rural schools comprehensive assistance to train the tech17 nology literate workforce needed to bridge the rural-urban

18 digital divide.

19 ‘‘SEC. 2703. GRANTS TO STATES.

20 ‘‘(a) IN GENERAL.—The Secretary shall use amounts

21 made available under section 2312(a) to carry out this part

22 to make grants to eligible States for the development and

23 implementation of technology curriculum.

24 ‘‘(b) STATE ELIGIBILITY.—
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1 ‘‘(1) IN GENERAL.—To be eligible for a grant

2 under subsection (a), a State shall—

3 ‘‘(A) have in place a statewide educational

4 technology plan developed in consultation with

5 the State agency responsible for administering

6 programs under the Carl D. Perkins Vocational

7 and Applied Technology Education Act (20

8 U.S.C. 2301 et seq.); and

9 ‘‘(B) include eligible local educational agen10 cies (as defined in paragraph (2)) under the

11 plan.

12 ‘‘(2) DEFINITION.—In this part, the term ‘eligi13 ble local educational agency’ means a local edu14 cational agency—

15 ‘‘(A) with less than 600 total students in

16 average daily attendance at the schools served by

17 such agency; and

18 ‘‘(B) with respect to which all of the schools

19 served by the agency have a School Locale Code

20 of 7 or 8, as determined by the Secretary.

21 ‘‘(c) AMOUNT OF GRANT.—Of the amount made avail22 able under section 2312(a) to carry out this part for a fiscal

23 year and reduced by amounts used under section 2704, the

24 Secretary shall provide to each State under a grant under

25 subsection (a) an amount the bears that same ratio to such
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1 appropriated amount as the number of students in average

2 daily attendance at the schools served by eligible local edu3 cational agencies in the State bears to the number of all

4 such students at the schools served by eligible local edu5 cational agencies in all States in such fiscal year.

6 ‘‘(d) USE OF AMOUNTS.—

7 ‘‘(1) IN GENERAL.—A State that receives a grant

8 under subsection (a) shall use—

9 ‘‘(A) not less than 85 percent of the

10 amounts received under the grant to provide

11 funds to eligible local educational agencies in the

12 State for use as provided for in paragraph (2);

13 and

14 ‘‘(B) not to exceed 15 percent of the

15 amounts received under the grant to carry out

16 activities to develop or enhance and further the

17 implementation of technology curriculum,

18 including—

19 ‘‘(i) the development or enhancement of

20 technology courses in areas including com21 puter network technology, computer engi22 neering technology, computer design and re23 pair, software engineering, and program24 ming;
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1 ‘‘(ii) the development or enhancement

2 of high quality technology standards;

3 ‘‘(iii) the examination of the utility of

4 web-based technology courses, including col5 lege-level courses and instruction for both

6 students and teachers;

7 ‘‘(iv) the development or enhancement

8 of State advisory councils on technology

9 teacher training;

10 ‘‘(v) the addition of high-quality tech11 nology courses to teacher certification pro12 grams;

13 ‘‘(vi) the provision of financial re14 sources and incentives to eligible local edu15 cational agencies to enable such agencies to

16 implement a technology curriculum;

17 ‘‘(vii) the implementation of a central18 ized web-site for educators to exchange com19 puter-related curriculum and lesson plans;

20 and

21 ‘‘(viii) the provision of technical assist22 ance to local educational agencies.

23 ‘‘(2) LOCAL USE OF FUNDS.—Amounts received

24 by an eligible local educational agency under para25 graph (1)(A) shall be used for—
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1 ‘‘(A) the implementation of a technology

2 curriculum that is based on standards developed

3 by the State, if applicable;

4 ‘‘(B) professional development in the area of

5 technology, including for the certification of

6 teachers in information technology;

7 ‘‘(C) teacher-to-teacher technology men8 toring programs;

9 ‘‘(D) the provision of incentives to teachers

10 teaching in technology-related fields to persuade

11 such teachers to remain in rural areas;

12 ‘‘(E) the purchase of equipment needed to

13 implement a technology curriculum;

14 ‘‘(F) the provision of technology courses

15 through distance learning;

16 ‘‘(G) the development of, or entering into a,

17 consortium with other local educational agencies,

18 institutions of higher education, or for-profit

19 businesses, nonprofit organizations, community20 based organizations or other entities with the ca21 pacity to contribute to technology training for

22 the purposes of subparagraphs (A) through (F);

23 or

24 ‘‘(H) other activities consistent with the

25 purposes of this part.
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1 ‘‘(3) AMOUNT OF ASSISTANCE.—In providing as2 sistance to eligible local educational agencies under

3 this section, a State shall ensure that the amount pro4 vided to any eligible agency reflects the size and fi5 nancial need of the agency as evidenced by the num6 ber or percentage of children served by the agency who

7 are from families with incomes below the poverty line

8 (as defined by the Office of Management and Budget

9 and revised annually in accordance with section

10 673(2) of the Community Services Block Grant Act

11 (42 U.S.C. 9902(2)) applicable to a family of the size

12 involved.

13 ‘‘SEC. 2704. TECHNICAL ASSISTANCE.

14 ‘‘From amounts made available for a fiscal year under

15 section 2312(a) to carry out this part, the Secretary may

16 use not to exceed 5 percent of such amounts to—

17 ‘‘(1) establish a position within the Office of

18 Educational Technology of the Department of Edu19 cation for a specialist in rural schools;

20 ‘‘(2) identify and disseminate throughout the

21 United States information on best practices con22 cerning technology curricula; and

23 ‘‘(3) conduct seminars in rural areas on tech24 nology education.
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1 ‘‘PART H—EARLY CHILDHOOD EDUCATOR

2 PROFESSIONAL DEVELOPMENT

3 ‘‘SEC. 2801. PURPOSE.

4 ‘‘In support of the national effort to attain the first

5 of America’s Education Goals, the purpose of this part is

6 to enhance the school readiness of young children, particu7 larly disadvantaged young children, and to prevent them

8 from encountering difficulties once they enter school, by im9 proving the knowledge and skills of early childhood edu10 cators who work in communities that have high concentra11 tions of children living in poverty.

12 ‘‘SEC. 2802. PROGRAM AUTHORIZED.

13 ‘‘(a) GRANTS TO PARTNERSHIPS.—The Secretary shall

14 carry out the purpose of this part by awarding grants, on

15 a competitive basis, to partnerships consisting of—

16 ‘‘(1)(A) one or more institutions of higher edu17 cation that provide professional development for early

18 childhood educators who work with children from low19 income families in high-need communities; or

20 ‘‘(B) another public or private entity that pro21 vides such professional development;

22 ‘‘(2) one or more public agencies (including local

23 educational agencies, State educational agencies,

24 State human services agencies, and State and local

25 agencies administering programs under the Child
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1 Care and Development Block Grant Act of 1990),

2 Head Start agencies, or private organizations; and

3 ‘‘(3) to the extent feasible, an entity with dem4 onstrated experience in providing training to edu5 cators in early childhood education programs in iden6 tifying and preventing behavior problems or working

7 with children identified or suspected to be victims of

8 abuse.

9 ‘‘(b) DURATION AND NUMBER OF GRANTS.—

10 ‘‘(1) DURATION.—Each grant under this part

11 shall be awarded for not more than 4 years.

12 ‘‘(2) NUMBER.—No partnership may receive

13 more than 1 grant under this part.

14 ‘‘SEC. 2803. APPLICATIONS.

15 ‘‘(a) APPLICATIONS REQUIRED.—Any partnership

16 that desires to receive a grant under this part shall submit

17 an application to the Secretary at such time, in such man18 ner, and containing such information as the Secretary may

19 require.

20 ‘‘(b) CONTENTS.—Each such application shall

21 include—

22 ‘‘(1) a description of the high-need community to

23 be served by the project, including such demographic

24 and socioeconomic information as the Secretary may

25 request;
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1 ‘‘(2) information on the quality of the early

2 childhood educator professional development program

3 currently conducted by the institution of higher edu4 cation or other provider in the partnership;

5 ‘‘(3) the results of the needs assessment that the

6 entities in the partnership have undertaken to deter7 mine the most critical professional development needs

8 of the early childhood educators to be served by the

9 partnership and in the broader community, and a de10 scription of how the proposed project will address

11 those needs;

12 ‘‘(4) a description of how the proposed project

13 will be carried out, including—

14 ‘‘(A) how individuals will be selected to par15 ticipate;

16 ‘‘(B) the types of research-based professional

17 development activities that will be carried out;

18 ‘‘(C) how research on effective professional

19 development and on adult learning will be used

20 to design and deliver project activities;

21 ‘‘(D) how the project will coordinate with

22 and build on, and will not supplant or dupli23 cate, early childhood education professional de24 velopment activities that exist in the community;
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1 ‘‘(E) how the project will train early child2 hood educators to provide services that are based

3 on developmentally appropriate practices and

4 the best available research on child social, emo5 tional, physical and cognitive development and

6 on early childhood pedagogy;

7 ‘‘(F) how the program will train early

8 childhood educators to meet the diverse edu9 cational needs of children in the community, in10 cluding children who have limited English pro11 ficiency, disabilities, or other special needs; and

12 ‘‘(G) how the project will train early child13 hood educators in identifying and preventing be14 havioral problems or working with children iden15 tified as or suspected to be victims of abuse;

16 ‘‘(5) a description of—

17 ‘‘(A) the specific objectives that the partner18 ship will seek to attain through the project, and

19 how the partnership will measure progress to20 ward attainment of those objectives; and

21 ‘‘(B) how the objectives and the measure22 ment activities align with the performance indi23 cators established by the Secretary under section

24 2806(a);
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1 ‘‘(6) a description of the partnership’s plan for

2 continuing the activities carried out under the

3 project, so that the activities continue once Federal

4 funding ceases;

5 ‘‘(7) an assurance that, where applicable, the

6 project will provide appropriate professional develop7 ment to volunteers working directly with young chil8 dren, as well as to paid staff; and

9 ‘‘(8) an assurance that, in developing its appli10 cation and in carrying out its project, the partner11 ship has consulted with, and will consult with, rel12 evant agencies, early childhood educator organiza13 tions, and early childhood providers that are not

14 members of the partnership.

15 ‘‘SEC. 2804. SELECTION OF GRANTEES.

16 ‘‘(a) CRITERIA.—The Secretary shall select partner17 ships to receive funding on the basis of the community’s

18 need for assistance and the quality of the applications.

19 ‘‘(b) GEOGRAPHIC DISTRIBUTION.—In selecting part20 nerships, the Secretary shall seek to ensure that commu21 nities in different regions of the Nation, as well as both

22 urban and rural communities, are served.

23 ‘‘SEC. 2805. USES OF FUNDS.

24 ‘‘(a) IN GENERAL.—Each partnership receiving a

25 grant under this part shall use the grant funds to carry
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1 out activities that will improve the knowledge and skills of

2 early childhood educators who are working in early child3 hood programs that are located in high-need communities

4 and serve concentrations of children from low-income fami5 lies.

6 ‘‘(b) ALLOWABLE ACTIVITIES.—Such activities may

7 include—

8 ‘‘(1) professional development for individuals

9 working as early childhood educators, particularly to

10 familiarize those individuals with the application of

11 recent research on child, language, and literacy devel12 opment and on early childhood pedagogy;

13 ‘‘(2) professional development for early childhood

14 educators in working with parents, based on the best

15 current research on child social, emotional, physical

16 and cognitive development and parent involvement, so

17 that the educators can prepare their children to suc18 ceed in school;

19 ‘‘(3) professional development for early childhood

20 educators to work with children who have limited

21 English proficiency, disabilities, and other special

22 needs;

23 ‘‘(4) professional development to train early

24 childhood educators in identifying and preventing be-
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1 havioral problems in children or working with chil2 dren identified or suspected to be victims of abuse;

3 ‘‘(5) activities that assist and support early

4 childhood educators during their first three years in

5 the field;

6 ‘‘(6) development and implementation of early

7 childhood educator professional development programs

8 that make use of distance learning and other tech9 nologies;

10 ‘‘(7) professional development activities related

11 to the selection and use of screening and diagnostic

12 assessments to improve teaching and learning; and

13 ‘‘(8) data collection, evaluation, and reporting

14 needed to meet the requirements of this part relating

15 to accountability.

16 ‘‘SEC. 2806. ACCOUNTABILITY.

17 ‘‘(a) PERFORMANCE INDICATORS.—Simultaneously

18 with the publication of any application notice for grants

19 under this part, the Secretary shall announce performance

20 indicators for this part, which shall be designed to

21 measure—

22 ‘‘(1) the quality and accessibility of the profes23 sional development provided;
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1 ‘‘(2) the impact of that professional development

2 on the early childhood education provided by the in3 dividuals who are trained; and

4 ‘‘(3) such other measures of program impact as

5 the Secretary determines appropriate.

6 ‘‘(b) ANNUAL REPORTS; TERMINATION.—

7 ‘‘(1) ANNUAL REPORTS.—Each partnership re8 ceiving a grant under this part shall report annually

9 to the Secretary on the partnership’s progress against

10 the performance indicators.

11 ‘‘(2) TERMINATION.—The Secretary may termi12 nate a grant under this part at any time if the Sec13 retary determines that the partnership is not making

14 satisfactory progress against the indicators.

15 ‘‘SEC. 2807. COST-SHARING.

16 ‘‘(a) IN GENERAL.—Each partnership shall provide,

17 from other sources, which may include other Federal

18 sources—

19 ‘‘(1) at least 50 percent of the total cost of its

20 project for the grant period; and

21 ‘‘(2) at least 20 percent of the project cost in

22 each year.

23 ‘‘(b) ACCEPTABLE CONTRIBUTIONS.—A partnership

24 may meet the requirement of subsection (a) through cash

25 or in-kind contributions, fairly valued.
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1 ‘‘(c) WAIVERS.—The Secretary may waive or modify

2 the requirements of subsection (a) in cases of demonstrated

3 financial hardship.

4 ‘‘SEC. 2808. DEFINITIONS.

5 ‘‘In this part:

6 ‘‘(1) HIGH-NEED COMMUNITY.—

7 ‘‘(A) IN GENERAL.—The term ‘high-need

8 community’ means—

9 ‘‘(i) a municipality, or a portion of a

10 municipality, in which at least 50 percent

11 of the children are from low-income fami12 lies; or

13 ‘‘(ii) a municipality that is one of the

14 10 percent of municipalities within the

15 State having the greatest numbers of such

16 children.

17 ‘‘(B) DETERMINATION.—In determining

18 which communities are described in subpara19 graph (A), the Secretary shall use such data as

20 the Secretary determines are most accurate and

21 appropriate.

22 ‘‘(2) LOW-INCOME FAMILY.—The term ‘low-in23 come family’ means a family with an income below

24 the poverty line (as defined by the Office of Manage25 ment and Budget and revised annually in accordance
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1 with section 673(2) of the Community Services Block

2 Grant Act (42 U.S.C. 9902(2))) applicable to a fam3 ily of the size involved for the most recent fiscal year

4 for which satisfactory data are available.

5 ‘‘(3) EARLY CHILDHOOD EDUCATOR.—The term

6 ‘early childhood educator’ means a person providing

7 or employed by a provider of non-residential child

8 care services (including center-based, family-based,

9 and in-home child care services) that is legally oper10 ating under State law, and that complies with appli11 cable State and local requirements for the provision

12 of child care services to children at any age from

13 birth through kindergarten.

14 ‘‘SEC. 2809. FEDERAL COORDINATION.

15 ‘‘The Secretary and the Secretary of Health and

16 Human Services shall coordinate activities under this part

17 and other early childhood programs administered by the

18 two Secretaries.

19 ‘‘SEC. 2810. AUTHORIZATION OF APPROPRIATIONS.

20 ‘‘For the purpose of carrying out this part, there are

21 authorized to be appropriated $30,000,000 for fiscal year

22 2002 and such sums as may be necessary for each of the

23 6 succeeding fiscal years.’’.
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1 SEC. 207. TEACHERS AND PRINCIPALS.

2 Part A of title II (as amended in section 201) is fur3 ther amended—

4 (1) by striking the title heading and all that fol5 lows through the part heading for part A and insert6 ing the following:

7 ‘‘TITLE II—TEACHERS AND

8 PRINCIPALS

9 ‘‘PART A—TEACHER AND PRINCIPAL QUALITY’’;

10 (2) in section 2101(1)—

11 (A) by striking ‘‘teacher quality’’ and in12 serting ‘‘teacher and principal quality’’; and

13 (B) by inserting before the semicolon ‘‘and

14 highly qualified principals and assistant prin15 cipals in schools’’;

16 (3) in section 2102—

17 (A) in paragraph (4)—

18 (i) in subparagraph (B)(ii), by strik19 ing ‘‘and’’;

20 (ii) in subparagraph (C), by striking

21 the period and inserting ‘‘; and’’; and

22 (iii) by adding at the end the fol23 lowing:

24 ‘‘(D) with respect to an elementary school

25 or secondary school principal, a principal—
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1 ‘‘(i)(I) with at least a master’s degree

2 in educational administration and at least

3 3 years of classroom teaching experience; or

4 ‘‘(II) who has completed a rigorous al5 ternative certification program that in6 cludes instructional leadership courses, an

7 internship under the guidance of an accom8 plished principal, and classroom teaching

9 experience; and

10 ‘‘(ii) who is certified or licensed as a

11 principal by the State involved; and

12 ‘‘(iii) who can demonstrate a high level

13 of competence as an instructional leader

14 with knowledge of theories of learning, cur15 ricula design, supervision and evaluation of

16 teaching and learning, assessment design

17 and application, child and adolescent devel18 opment, and public reporting and account19 ability.’’; and

20 (B) in paragraph (9)(B), by striking

21 ‘‘teachers’’ each place it appears and inserting

22 ‘‘teachers, principals, and assistant principals,’’;

23 (4) in section 2112(b)(4), by striking ‘‘teaching

24 force’’ and inserting ‘‘teachers, principals, and assist25 ant principals’’;
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1 (5) in section 2113(b)—

2 (A) in paragraph (1)—

3 (i) in the matter preceding subpara4 graph (A), by striking ‘‘teacher’’ and insert5 ing ‘‘teacher and principal’’;

6 (ii) in subparagraph (A)—

7 (I) by inserting ‘‘(i)’’ after ‘‘(A)’’;

8 (II) by adding ‘‘and’’ after the

9 semicolon; and

10 (III) by adding at the end the fol11 lowing:

12 ‘‘(ii) principals have the instructional lead13 ership skills to help teachers teach and students

14 learn;’’; and

15 (iii) in subparagraph (C), by inserting

16 ‘‘, and principals have the instructional

17 leadership skills,’’ before ‘‘necessary’’;

18 (B) in paragraph (2), by striking ‘‘the ini19 tial teaching experience’’ and inserting ‘‘an ini20 tial experience as a teacher, principal, or an as21 sistant principal’’;

22 (C) in paragraph (3)—

23 (i) by striking ‘‘of teachers’’ and in24 serting ‘‘of teachers and principals’’;
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1 (ii) by striking ‘‘degree’’ and inserting

2 ‘‘or master’s degree’’; and

3 (iii) by striking ‘‘teachers.’’ and insert4 ing ‘‘teachers or principals.’’; and

5 (D) in paragraph (7), by striking ‘‘teacher’’

6 and inserting ‘‘teacher and principal’’;

7 (6) in section 2122(c)(2)—

8 (A) by striking ‘‘and, where appropriate,

9 administrators,’’; and

10 (B) by inserting ‘‘and to give principals

11 and assistant principals the instructional leader12 ship skills to help teachers,’’ after ‘‘skills,’’;

13 (7) in section 2123(b)—

14 (A) in paragraph (2), by inserting ‘‘and

15 principal’’ before ‘‘mentoring’’;

16 (B) in paragraph (3), striking the period

17 and inserting ‘‘, nonprofit organizations, local

18 educational agencies, or consortia of appropriate

19 educational entities.’’; and

20 (C) in paragraph (4)—

21 (i) by striking ‘‘teachers’’ and inserting

22 ‘‘teachers, principals, and assistant prin23 cipals’’; and
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1 (ii) by striking ‘‘teaching’’ and insert2 ing ‘‘employment as teachers, principals, or

3 assistant principals, respectively’’;

4 (8) in section 2133(a)(1)—

5 (A) by striking ‘‘, paraprofessionals, and, if

6 appropriate, principals’’ and inserting ‘‘and

7 paraprofessionals’’; and

8 (B) by striking the semicolon and inserting

9 the following: ‘‘and that principals and assistant

10 principals have the instructional leadership

11 skills that will help such principals and assist12 ant principals work most effectively with teach13 ers to help students master core academic sub14 jects;’’;

15 (9) in section 2134—

16 (A) in paragraph (1), by striking ‘‘teach17 ers’’ and inserting ‘‘teachers and principals’’;

18 and

19 (B) in paragraph (2)—

20 (i) by striking ‘‘teachers’’ and inserting

21 ‘‘teachers and principals’’; and

22 (ii) by inserting ‘‘a principal organi23 zation,’’ after ‘‘teacher organization,’’; and

24 (10) in section 2142(a)(2), by striking subpara25 graph (A) and inserting the following:
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1 ‘‘(A) shall establish for the local educational

2 agency an annual measurable performance objec3 tive for increasing retention of teachers, prin4 cipals, and assistant principals in the first 3

5 years of their careers as teachers, principals, and

6 assistant principals respectively; and’’.

7 TITLE III—MOVING LIMITED

8 ENGLISH PROFICIENT STU9 DENTS TO ENGLISH FLUENCY

10 SEC. 301. BILINGUAL EDUCATION.

11 Title III (20 U.S.C. 6511 et seq.) is amended to read

12 as follows:

13 ‘‘TITLE III—BILINGUAL EDU14 CATION, LANGUAGE EN15 HANCEMENT, AND LANGUAGE

16 ACQUISITION PROGRAMS

17 ‘‘PART A—BILINGUAL EDUCATION

18 ‘‘SEC. 3001. SHORT TITLE.

19 ‘‘This part may be cited as the ‘Bilingual Education

20 Act’.

21 ‘‘SEC. 3002. PURPOSE.

22 ‘‘The purpose of this part is to help ensure that limited

23 English proficient students master English and meet the

24 same rigorous standards for academic performance as all

25 children and youth are expected to meet, including meeting
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1 challenging State content standards and challenging State

2 student performance standards in academic subjects by—

3 ‘‘(1) promoting systemic improvement and re4 form of, and developing accountability systems for,

5 educational programs serving limited English pro6 ficient students;

7 ‘‘(2) developing bilingual skills and multicul8 tural understanding;

9 ‘‘(3) developing the English of limited English

10 proficient children and youth and, to the extent pos11 sible, the native language skills of such children and

12 youth;

13 ‘‘(4) providing similar assistance to Native

14 Americans with certain modifications relative to the

15 unique status of Native American languages under

16 Federal law;

17 ‘‘(5) developing data collection and dissemina18 tion, research, materials, and technical assistance that

19 are focused on school improvement for limited English

20 proficient students; and

21 ‘‘(6) developing programs that strengthen and

22 improve the professional training of educational per23 sonnel who work with limited English proficient stu24 dents.
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1 ‘‘SEC. 3003. AUTHORIZATION OF APPROPRIATIONS.

2 ‘‘(a) BILINGUAL EDUCATION.—There are authorized to

3 be appropriated to carry out this part $700,000,000 for fis4 cal year 2002 and such sums as may be necessary for each

5 of the 6 succeeding fiscal years.

6 ‘‘(b) STATE AND LOCAL GRANTS.—Notwithstanding

7 subsection (a), for any fiscal year for which the amount

8 of funds appropriated under subsection (a) is not less than

9 $700,000,000, the funds shall be used to carry out part D.

10 ‘‘SEC. 3004. NATIVE AMERICAN CHILDREN IN SCHOOL.

11 ‘‘(a) ELIGIBLE ENTITIES.—

12 ‘‘(1) IN GENERAL.—For the purpose of carrying

13 out programs under this part for individuals served

14 by elementary schools, secondary schools, and postsec15 ondary schools operated predominately for Native

16 American (including Alaska Native) children and

17 youth, an Indian tribe, a tribally sanctioned edu18 cational authority, a Native Hawaiian or Native

19 American Pacific Islander native language education

20 organization, or an elementary school or secondary

21 school that is operated or funded by the Bureau of In22 dian Affairs shall be considered to be a local edu23 cational agency.

24 ‘‘(2) DEFINITIONS.—In this section:

25 ‘‘(A) INDIAN TRIBE.—The term ‘Indian

26 tribe’ means any Indian tribe, band, nation, or
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1 other organized group or community, including

2 any Native village or Regional Corporation or

3 Village Corporation as defined in or established

4 pursuant to the Alaska Native Claims Settlement

5 Act, that is recognized as eligible for the special

6 programs and services provided by the United

7 States to Indians because of their status as Indi8 ans.

9 ‘‘(B) TRIBALLY SANCTIONED EDUCATIONAL

10 AUTHORITY.—The term ‘tribally sanctioned edu11 cational authority’ means—

12 ‘‘(i) any department or division of

13 education operating within the administra14 tive structure of the duly constituted gov15 erning body of an Indian tribe; and

16 ‘‘(ii) any nonprofit institution or orga17 nization that is—

18 ‘‘(I) chartered by the governing

19 body of an Indian tribe to operate any

20 school operated predominately for In21 dian children and youth or otherwise

22 to oversee the delivery of educational

23 services to members of that tribe; and

24 ‘‘(II) approved by the Secretary

25 for the purpose of this section.
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1 ‘‘(b) ELIGIBLE ENTITY APPLICATION.—Notwith2 standing any other provision of this part, each eligible enti3 ty described in subsection (a) shall submit any application

4 for assistance under this part directly to the Secretary

5 along with timely comments on the need for the program

6 proposed in the application.

7 ‘‘SEC. 3005. RESIDENTS OF THE TERRITORIES AND FREELY

8 ASSOCIATED STATES.

9 ‘‘For the purpose of carrying out programs under this

10 part in the outlying areas, the term ‘local educational agen11 cy’ includes public institutions or agencies whose mission

12 is the preservation and maintenance of native languages.

13 ‘‘Subpart 1—Bilingual Education Capacity and

14 Demonstration Grants

15 ‘‘SEC. 3101. FINANCIAL ASSISTANCE FOR BILINGUAL EDU16 CATION.

17 ‘‘The purpose of this subpart is to assist local edu18 cational agencies, institutions of higher education, and

19 community-based organizations, through the grants author20 ized under sections 3102 and 3103, to—

21 ‘‘(1) develop and enhance their capacity to pro22 vide high-quality instruction through bilingual edu23 cation or special alternative instruction programs to

24 children and youth of limited English proficiency;

25 and
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1 ‘‘(2) help such children and youth—

2 ‘‘(A) develop proficiency in English, and to

3 the extent possible, their native language; and

4 ‘‘(B) meet the same challenging State con5 tent standards and challenging State student

6 performance standards as all children and youth

7 are expected to meet under section 1111(b).

8 ‘‘SEC. 3102. PROGRAM ENHANCEMENT PROJECTS.

9 ‘‘(a) PURPOSE.—The purpose of this section is to—

10 ‘‘(1) provide grants to eligible entities to provide

11 innovative, locally designed, high quality instruction

12 to children and youth of limited English proficiency;

13 ‘‘(2) help children and youth develop proficiency

14 in the English language by expanding or strength15 ening instructional programs; and

16 ‘‘(3) help children and youth attain the stand17 ards established under section 1111(b).

18 ‘‘(b) PROGRAM AUTHORIZED.—

19 ‘‘(1) AUTHORITY.—

20 ‘‘(A) IN GENERAL.—The Secretary is au21 thorized to award grants to eligible entities hav22 ing applications approved under section 3104 to

23 enable such entities to carry out activities de24 scribed in paragraph (2).
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1 ‘‘(B) PERIOD.—Each grant awarded under

2 this section shall be awarded for a period of 3

3 years.

4 ‘‘(2) AUTHORIZED ACTIVITIES.—

5 ‘‘(A) MANDATORY ACTIVITIES.—Grants

6 awarded under this section shall be used for—

7 ‘‘(i) developing, implementing, expand8 ing, or enhancing comprehensive preschool,

9 elementary, or secondary education pro10 grams for limited English proficient chil11 dren and youth, that are—

12 ‘‘(I) aligned with State and local

13 content and student performance

14 standards, and local school reform ef15 forts; and

16 ‘‘(II) coordinated with related

17 services for children and youth;

18 ‘‘(ii) providing high quality profes19 sional development to classroom teachers,

20 administrators, and other school or commu21 nity-based organization personnel to im22 prove the instruction and assessment of lim23 ited English proficient students; and

24 ‘‘(iii) annually assessing the English

25 proficiency of all limited English proficient
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1 students served by activities carried out

2 under this section.

3 ‘‘(B) PERMISSIBLE ACTIVITIES.—Grants

4 awarded under this section may be used for—

5 ‘‘(i) implementing programs to up6 grade the reading and other academic skills

7 of limited English proficient students;

8 ‘‘(ii) developing accountability systems

9 to monitor the academic progress of limited

10 English proficient and formerly limited

11 English proficient students;

12 ‘‘(iii) implementing family education

13 programs and parent outreach and training

14 activities designed to assist parents to be15 come active participants in the education of

16 their children;

17 ‘‘(iv) improving the instructional pro18 grams for limited English proficient stu19 dents by identifying, acquiring, and apply20 ing effective curricula, instructional mate21 rials (including materials provided through

22 technology), and assessments that are all

23 aligned with State and local standards;

24 ‘‘(v) providing intensified instruction,

25 including tutorials and academic or career
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1 counseling, for children and youth who are

2 limited English proficient;

3 ‘‘(vi) adapting best practice models for

4 meeting the needs of limited English pro5 ficient students;

6 ‘‘(vii) assisting limited English pro7 ficient students with disabilities;

8 ‘‘(viii) implementing applied learning

9 activities such as service learning to en10 hance and support comprehensive elemen11 tary and secondary bilingual education pro12 grams; and

13 ‘‘(ix) carrying out such other activities

14 related to the purpose of this part as the

15 Secretary may approve.

16 ‘‘(c) PRIORITY.—In awarding grants under this sec17 tion, the Secretary may give priority to an entity that—

18 ‘‘(1) serves a school district—

19 ‘‘(A) that has a total district enrollment

20 that is less than 10,000 students; or

21 ‘‘(B) with a large percentage or number of

22 limited English proficient students; and

23 ‘‘(2) has limited or no experience in serving lim24 ited English proficient students.
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1 ‘‘(d) ELIGIBLE ENTITY.—In this section, the term ‘eli2 gible entity’ means—

3 ‘‘(1) 1 or more local educational agencies;

4 ‘‘(2) 1 or more local educational agencies in col5 laboration with an institution of higher education,

6 community-based organization, or State educational

7 agency; or

8 ‘‘(3) a community-based organization or an in9 stitution of higher education that has an application

10 approved by the local educational agency to partici11 pate in programs carried out under this subpart by

12 enhancing early childhood education or family edu13 cation programs or conducting instructional pro14 grams that supplement the educational services pro15 vided by a local educational agency.

16 ‘‘SEC. 3103. COMPREHENSIVE SCHOOL AND SYSTEMWIDE

17 IMPROVEMENT GRANTS.

18 ‘‘(a) PURPOSES.—The purposes of this section are—

19 ‘‘(1) to provide financial assistance to schools

20 and local educational agencies for implementing bi21 lingual education programs, in coordination with

22 programs carried out under this title, for children

23 and youth of limited English proficiency;
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1 ‘‘(2) to assist limited English proficient students

2 to meet the standards established under section

3 1111(b); and

4 ‘‘(3) to improve, reform, and upgrade relevant

5 instructional programs and operations, carried out by

6 schools and local educational agencies, that serve sig7 nificant percentages of students of limited English

8 proficiency or significant numbers of such students.

9 ‘‘(b) AUTHORIZED ACTIVITIES.—

10 ‘‘(1) AUTHORITY.—The Secretary may award

11 grants to eligible entities having applications ap12 proved under section 3104 to enable such entities to

13 carry out activities described in paragraphs (2) and

14 (3).

15 ‘‘(2) MANDATORY ACTIVITIES.—Grants awarded

16 under this section shall be used for—

17 ‘‘(A) improving instructional programs for

18 limited English proficient students by acquiring

19 and upgrading curricula and related instruc20 tional materials;

21 ‘‘(B) aligning the activities carried out

22 under this section with State and local school re23 form efforts;

24 ‘‘(C) providing training, aligned with State

25 and local standards, to school personnel and par-
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1 ticipating community-based organization per2 sonnel to improve the instruction and assessment

3 of limited English proficient students;

4 ‘‘(D) developing and implementing plans,

5 coordinated with plans for programs carried out

6 under title II of the Higher Education Act of

7 1965 (where applicable), and title II of this Act

8 (where applicable), to recruit teachers trained to

9 serve limited English proficient students;

10 ‘‘(E) implementing culturally and linguis11 tically appropriate family education programs,

12 or parent outreach and training activities, that

13 are designed to assist parents to become active

14 participants in the education of their children;

15 ‘‘(F) coordinating the activities carried out

16 under this section with other programs, such as

17 programs carried out under this title;

18 ‘‘(G) providing services to meet the full

19 range of the educational needs of limited English

20 proficient students;

21 ‘‘(H) annually assessing the English pro22 ficiency of all limited English proficient students

23 served by the activities carried out under this

24 section; and
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1 ‘‘(I) developing or improving accountability

2 systems to monitor the academic progress of lim3 ited English proficient students.

4 ‘‘(3) PERMISSIBLE ACTIVITIES.—Grants awarded

5 under this section may be used for—

6 ‘‘(A) implementing programs to upgrade

7 reading and other academic skills of limited

8 English proficient students;

9 ‘‘(B) developing and using educational tech10 nology to improve learning, assessments, and ac11 countability to meet the needs of limited English

12 proficient students;

13 ‘‘(C) implementing scientifically based re14 search programs to meet the needs of limited

15 English proficient students;

16 ‘‘(D) providing tutorials and academic or

17 career counseling for limited English proficient

18 children and youth;

19 ‘‘(E) developing and implementing State

20 and local content and student performance

21 standards for learning English as a second lan22 guage, as well as for learning other languages;

23 ‘‘(F) developing and implementing pro24 grams for limited English proficient students to
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1 meet the needs of changing populations of such

2 students;

3 ‘‘(G) implementing policies to ensure that

4 limited English proficient students have access to

5 other education programs (other than programs

6 designed to address limited English proficiency),

7 such as gifted and talented, vocational education,

8 and special education programs;

9 ‘‘(H) assisting limited English proficient

10 students with disabilities;

11 ‘‘(I) developing and implementing programs

12 to help all students become proficient in more

13 than 1 language; and

14 ‘‘(J) carrying out such other activities re15 lated to the purpose of this part as the Secretary

16 may approve.

17 ‘‘(4) SPECIAL RULE.—A recipient of a grant

18 under this section, before carrying out activities

19 under this section, shall plan, train personnel, develop

20 curricula, and acquire or develop materials, but shall

21 not use funds made available under this section for

22 planning purposes for more than 90 days. The recipi23 ent shall commence carrying out activities under this

24 section not later than 90 days after the date of receipt

25 of the grant.
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1 ‘‘(c) AVAILABILITY OF APPROPRIATIONS.—

2 ‘‘(1) RESERVATION OF FUNDS FOR CONTINUED

3 PAYMENTS.—

4 ‘‘(A) COVERED GRANT.—In this paragraph,

5 the term ‘covered grant’ means a grant—

6 ‘‘(i) that was awarded under section

7 7114 or 7115 (as such sections were in effect

8 on the day before the date of enactment of

9 the Better Education for Students and

10 Teachers Act); and

11 ‘‘(ii) for which the grant period has

12 not ended.

13 ‘‘(B) RESERVATION.—For any fiscal year

14 that is part of the grant period of a covered

15 grant, the Secretary shall reserve funds for the

16 payments described in subparagraph (C) from

17 the amount appropriated for the fiscal year

18 under section 3003 and made available for car19 rying out this section.

20 ‘‘(C) PAYMENTS.—The Secretary shall con21 tinue to make grant payments to each entity

22 that received a covered grant, for the duration of

23 the grant period of the grant, to carry out activi24 ties in accordance with the appropriate section

25 described in subparagraph (A)(i).
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1 ‘‘(2) AVAILABILITY.—Of the amount appro2 priated for a fiscal year under section 3003 that is

3 made available for carrying out this section, and that

4 remains after the Secretary reserves funds for pay5 ments under paragraph (1)—

‘‘(A) not less than 1 6 ⁄3 of the remainder shall

7 be used to award grants for activities carried out

8 within an entire school district; and

‘‘(B) not less than 2 9 ⁄3 of the remainder shall

10 be used to award grants for activities carried out

11 within individual schools.

12 ‘‘(d) ELIGIBLE ENTITIES.—In this section, the term

13 ‘eligible entity’ means—

14 ‘‘(1) 1 or more local educational agencies; or

15 ‘‘(2) 1 or more local educational agencies, in col16 laboration with an institution of higher education,

17 community-based organization, or State educational

18 agency.

19 ‘‘SEC. 3104. APPLICATIONS.

20 ‘‘(a) IN GENERAL.—

21 ‘‘(1) SECRETARY.—To receive a grant under this

22 subpart, an eligible entity shall submit an applica23 tion to the Secretary at such time, in such form, and

24 containing such information as the Secretary may re25 quire.
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1 ‘‘(2) STATE EDUCATIONAL AGENCY.—An eligible

2 entity, with the exception of schools funded by the Bu3 reau of Indian Affairs, shall submit a copy of the ap4 plication submitted by the entity under this section to

5 the State educational agency.

6 ‘‘(b) STATE REVIEW AND COMMENTS.—

7 ‘‘(1) DEADLINE.—The State educational agency,

8 not later than 45 days after receipt of an application

9 under this section, shall review the application and

10 submit the written comments of the agency regarding

11 the application to the Secretary.

12 ‘‘(2) COMMENTS.—

13 ‘‘(A) SUBMISSION OF COMMENTS.—Regard14 ing applications submitted under this subpart,

15 the State educational agency shall—

16 ‘‘(i) submit to the Secretary written

17 comments regarding all such applications;

18 and

19 ‘‘(ii) submit to each eligible entity the

20 comments that pertain to such entity.

21 ‘‘(B) SUBJECT.—For purposes of this sub22 part, such comments shall address—

23 ‘‘(i) how the activities to be carried out

24 under the grant will further the academic

25 achievement and English proficiency of lim-
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1 ited English proficient students served

2 under the grant; and

3 ‘‘(ii) how the grant application is con4 sistent with the State plan required under

5 section 1111.

6 ‘‘(c) ELIGIBLE ENTITY COMMENTS.—An eligible entity

7 may submit to the Secretary comments that address the

8 comments submitted by the State educational agency.

9 ‘‘(d) COMMENT CONSIDERATION.—In making grants

10 under this subpart, the Secretary shall take into consider11 ation comments made by State educational agencies.

12 ‘‘(e) WAIVER.—Notwithstanding subsection (b), the

13 Secretary is authorized to waive the review requirement

14 specified in subsection (b) if a State educational agency can

15 demonstrate that such review requirement may impede such

16 agency’s ability to fulfill the requirements of participation

17 in the program authorized in section 3124, particularly

18 such agency’s ability to carry out data collection efforts and

19 such agency’s ability to provide technical assistance to local

20 educational agencies not receiving funds under this Act.

21 ‘‘(f) REQUIRED DOCUMENTATION.—Such application

22 shall include documentation that—

23 ‘‘(1) the applicant has the qualified personnel re24 quired to develop, administer, and implement the pro25 gram proposed in the application; and
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1 ‘‘(2) the leadership personnel of each school par2 ticipating in the program have been involved in the

3 development and planning of the program in the

4 school.

5 ‘‘(g) CONTENTS.—

6 ‘‘(1) IN GENERAL.—An application for a grant

7 under this subpart shall contain the following:

8 ‘‘(A) A description of the need for the pro9 posed program, including—

10 ‘‘(i) data on the number of limited

11 English proficient students in the school or

12 school district to be served;

13 ‘‘(ii) information on the characteristics

14 of such students, including—

15 ‘‘(I) the native languages of the

16 students;

17 ‘‘(II) the proficiency of the stu18 dents in English and their native lan19 guage;

20 ‘‘(III) achievement data (current

21 as of the date of submission of the ap22 plication) for the limited English pro23 ficient students in—
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1 ‘‘(aa) reading or language

2 arts (in English and in the native

3 language, if applicable); and

4 ‘‘(bb) mathematics;

5 ‘‘(IV) a comparison of that data

6 for the students with that data for the

7 English proficient peers of the students;

8 and

9 ‘‘(V) the previous schooling experi10 ences of the students;

11 ‘‘(iii) the professional development

12 needs of the instructional personnel who

13 will provide services for the limited English

14 proficient students under the proposed pro15 gram; and

16 ‘‘(iv) how the services provided through

17 the grant will supplement the basic services

18 provided to limited English proficient stu19 dents.

20 ‘‘(B) A description of the program to be im21 plemented and how such program’s design—

22 ‘‘(i) relates to the linguistic and aca23 demic needs of the children and youth of

24 limited English proficiency to be served;
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1 ‘‘(ii) will ensure that the services pro2 vided through the program will supplement

3 the basic services the applicant provides to

4 limited English proficient students;

5 ‘‘(iii) will ensure that the program is

6 coordinated with other programs under this

7 Act and other Acts;

8 ‘‘(iv) involves the parents of the chil9 dren and youth of limited English pro10 ficiency to be served;

11 ‘‘(v) ensures accountability in achiev12 ing high academic standards; and

13 ‘‘(vi) promotes coordination of services

14 for the children and youth of limited

15 English proficiency to be served and their

16 families.

17 ‘‘(C) A description, if appropriate, of the

18 applicant’s collaborative activities with institu19 tions of higher education, community-based orga20 nizations, local educational agencies or State

21 educational agencies, private schools, nonprofit

22 organizations, or businesses in carrying out the

23 proposed program.

24 ‘‘(D) An assurance that the applicant will

25 not reduce the level of State and local funds that
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1 the applicant expends for bilingual education or

2 special alternative instruction programs if the

3 applicant receives an award under this subpart.

4 ‘‘(E) An assurance that the applicant will

5 employ teachers in the proposed program who,

6 individually or in combination, are proficient

7 in—

8 ‘‘(i) English, with respect to written,

9 as well as oral, communication skills; and

10 ‘‘(ii) the native language of the major11 ity of the students that the teachers teach, if

12 instruction in the program is in the native

13 language as well as English.

14 ‘‘(F) A budget for the grant funds.

15 ‘‘(2) ADDITIONAL INFORMATION.—Each applica16 tion for a grant under section 3103 shall—

17 ‘‘(A) describe—

18 ‘‘(i) current services (as of the date of

19 submission of the application) the applicant

20 provides to children and youth of limited

21 English proficiency;

22 ‘‘(ii) what services children and youth

23 of limited English proficiency will receive

24 under the grant that such children or youth

25 will not otherwise receive;
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1 ‘‘(iii) how funds received under this

2 subpart will be integrated with all other

3 Federal, State, local, and private resources

4 that may be used to serve children and

5 youth of limited English proficiency;

6 ‘‘(iv) specific achievement and school

7 retention goals for the children and youth to

8 be served by the proposed program and how

9 progress toward achieving such goals will be

10 measured; and

11 ‘‘(v) the current family education pro12 grams (as of the date of submission of the

13 application) of the eligible entity, if appli14 cable; and

15 ‘‘(B) provide assurances that—

16 ‘‘(i) the program funded with the grant

17 will be integrated with the overall edu18 cational program of the students served

19 through the proposed program; and

20 ‘‘(ii) the application has been devel21 oped in consultation with an advisory coun22 cil, the majority of whose members are par23 ents and other representatives of the chil24 dren and youth to be served in such pro25 gram.
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1 ‘‘(h) APPROVAL OF APPLICATIONS.—An application

2 for a grant under this subpart may be approved only if

3 the Secretary determines that—

4 ‘‘(1) the program proposed in the application

5 will use qualified personnel, including personnel who

6 are proficient in the language or languages used for

7 instruction;

8 ‘‘(2) in designing the program, the eligible entity

9 has, after consultation with appropriate private

10 school officials—

11 ‘‘(A) taken into account the needs of chil12 dren in nonprofit private elementary schools and

13 secondary schools; and

14 ‘‘(B) in a manner consistent with the num15 ber of such children enrolled in such schools in

16 the area to be served, whose educational needs

17 are of the type and whose language, and grade

18 levels are of a similar type to the needs, lan19 guage, and grade levels that the program is in20 tended to address, provided for the participation

21 of such children on a basis comparable to the

22 basis on which public school children participate;

23 ‘‘(3)(A) student evaluation and assessment proce24 dures in the program are valid, reliable, and fair for

25 limited English proficient students; and
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1 ‘‘(B) limited English proficient students with

2 disabilities will be identified and served through the

3 program in accordance with the requirements of the

4 Individuals with Disabilities Education Act;

5 ‘‘(4) Federal funds made available for the pro6 gram will be used to supplement the State and local

7 funds that, in the absence of such Federal funds,

8 would be expended for special programs for children

9 of limited English proficient individuals, and in no

10 case to supplant such State and local funds, except

11 that nothing in this paragraph shall be construed to

12 preclude a local educational agency from using funds

13 made available under this subpart—

14 ‘‘(A) for activities carried out under an

15 order of a Federal or State court respecting serv16 ices to be provided to such children; or

17 ‘‘(B) to carry out a plan approved by the

18 Secretary as adequate under title VI of the Civil

19 Rights Act of 1964 with respect to services to be

20 provided to such children;

21 ‘‘(5)(A) the assistance provided through the grant

22 will contribute toward building the capacity of the el23 igible entity to provide a program on a regular basis,

24 similar to the proposed program, that will be of suffi25 cient size, scope, and quality to promise significant
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1 improvement in the education of limited English pro2 ficient students; and

3 ‘‘(B) the eligible entity will have the resources

4 and commitment to continue the program of sufficient

5 size, scope, and quality when assistance under this

6 subpart is reduced or no longer available; and

7 ‘‘(6) the eligible entity will use State and na8 tional dissemination sources for program design and

9 dissemination of results and products.

10 ‘‘(i) PRIORITIES AND SPECIAL RULES.—

11 ‘‘(1) PRIORITY.—In approving applications for

12 grants for programs under this subpart, the Secretary

13 shall give priority to an applicant who—

14 ‘‘(A) experiences a dramatic increase in the

15 number or percentage of limited English pro16 ficient students enrolled in the applicant’s pro17 grams and has limited or no experience in serv18 ing limited English proficient students;

19 ‘‘(B) is a local educational agency that

20 serves a school district that has a total district

21 enrollment that is less than 10,000 students;

22 ‘‘(C) demonstrates that the applicant has a

23 proven record of success in helping limited

24 English proficient children and youth learn

25 English and meet high academic standards;
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1 ‘‘(D) proposes programs that provide for the

2 development of bilingual proficiency both in

3 English and another language for all partici4 pating students; or

5 ‘‘(E) serves a school district with a large

6 number or percentage of limited English pro7 ficient students.

8 ‘‘(2) CONSIDERATION.—In determining whether

9 to approve an application under this subpart, the

10 Secretary shall give consideration to the degree to

11 which the program for which assistance is sought in12 volves the collaborative efforts of institutions of higher

13 education, community-based organizations, the appro14 priate local educational agency and State educational

15 agency, or businesses.

16 ‘‘(3) DUE CONSIDERATION.—In determining

17 whether to approve an application under this sub18 part, the Secretary shall give due consideration to an

19 application that—

20 ‘‘(A) provides for training for personnel

21 participating in or preparing to participate in

22 the program that will assist such personnel in

23 meeting State and local certification require24 ments; and
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1 ‘‘(B) to the extent possible, describes how

2 credit at an institution of higher education will

3 be awarded for such training.

4 ‘‘SEC. 3105. CAPACITY BUILDING.

5 ‘‘Each recipient of a grant under this subpart shall

6 use the grant in ways that will build such recipient’s capac7 ity to continue to offer high-quality bilingual and special

8 alternative education programs and services to children and

9 youth of limited English proficiency after Federal assist10 ance is reduced or eliminated.

11 ‘‘SEC. 3106. PROGRAMS FOR NATIVE AMERICANS AND PUER12 TO RICO.

13 ‘‘Programs authorized under this subpart that serve

14 Native American children (including Native American Pa15 cific Islander children), and children in the Commonwealth

16 of Puerto Rico, notwithstanding any other provision of this

17 subpart, may include programs of instruction, teacher

18 training, curriculum development, evaluation, and testing

19 designed for Native American children and youth learning

20 and studying Native American languages and children and

21 youth of limited Spanish proficiency, except that 1 outcome

22 of such programs serving Native American children shall

23 be increased English proficiency among such children.
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1 ‘‘SEC. 3107. EVALUATIONS.

2 ‘‘(a) EVALUATION.—Each recipient of funds under this

3 subpart for a program shall annually conduct an evalua4 tion of the program and submit to the Secretary a report

5 concerning the evaluation, in the form prescribed by the

6 Secretary.

7 ‘‘(b) USE OF EVALUATION.—Such evaluation shall be

8 used by the grant recipient—

9 ‘‘(1) for program improvement;

10 ‘‘(2) to further define the program’s goals and

11 objectives; and

12 ‘‘(3) to determine program effectiveness.

13 ‘‘(c) EVALUATION REPORT COMPONENTS.—In pre14 paring the evaluation reports, the recipient shall—

15 ‘‘(1) use the data provided in the application

16 submitted by the recipient under section 3104 as base17 line data against which to report academic achieve18 ment and gains in English proficiency for students in

19 the program;

20 ‘‘(2) disaggregate the results of the evaluation by

21 gender, language groups, and whether the students

22 have disabilities;

23 ‘‘(3) include data on the progress of the recipient

24 in achieving the objectives of the program, including

25 data demonstrating the extent to which students

26 served by the program are meeting the State’s student
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1 performance standards, and including data com2 paring limited English proficient students with

3 English proficient students with regard to school re4 tention and academic achievement concerning—

5 ‘‘(A) reading and language arts;

6 ‘‘(B) English proficiency;

7 ‘‘(C) mathematics; and

8 ‘‘(D) the native language of the students if

9 the program develops native language pro10 ficiency;

11 ‘‘(4) include information on the extent that pro12 fessional development activities carried out through

13 the program have resulted in improved classroom

14 practices and improved student performance;

15 ‘‘(5) include a description of how the activities

16 carried out through the program are coordinated and

17 integrated with the other Federal, State, or local pro18 grams serving limited English proficient children and

19 youth; and

20 ‘‘(6) include such other information as the Sec21 retary may require.

22 ‘‘SEC. 3108. CONSTRUCTION.

23 ‘‘Nothing in this subpart shall be construed to prohibit

24 a local educational agency from serving limited English

25 proficient children and youth simultaneously with students
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1 with similar educational needs, in the same educational set2 tings where appropriate.

3 ‘‘Subpart 2—Research, Evaluation, and

4 Dissemination

5 ‘‘SEC. 3121. AUTHORITY.

6 ‘‘(a) IN GENERAL.—The Secretary is authorized to

7 conduct data collection, dissemination, research, and ongo8 ing program evaluation activities in accordance with the

9 provisions of this subpart for the purpose of improving bi10 lingual education and special alternative instruction pro11 grams for children and youth of limited English pro12 ficiency.

13 ‘‘(b) COMPETITIVE AWARDS.—Research and program

14 evaluation activities carried out under this subpart shall

15 be supported through competitive grants, contracts and co16 operative agreements awarded to institutions of higher edu17 cation, nonprofit organizations, State educational agencies,

18 and local educational agencies.

19 ‘‘(c) ADMINISTRATION.—The Secretary shall conduct

20 data collection, dissemination, and ongoing program eval21 uation activities authorized by this subpart through the Of22 fice of Bilingual Education and Minority Language Af23 fairs.
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1 ‘‘SEC. 3122. RESEARCH.

2 ‘‘(a) ADMINISTRATION.—The Secretary shall conduct

3 research activities authorized by this subpart through the

4 Office of Educational Research and Improvement in coordi5 nation and collaboration with the Office of Bilingual Edu6 cation and Minority Language Affairs.

7 ‘‘(b) REQUIREMENTS.—Such research activities—

8 ‘‘(1) shall have a practical application to teach9 ers, counselors, paraprofessionals, school administra10 tors, parents, and others involved in improving the

11 education of limited English proficient students and

12 their families;

13 ‘‘(2) may include research on effective instruc14 tional practices for multilingual classes, and on effec15 tive instruction strategies to be used by a teacher or

16 other staff member who does not know the native lan17 guage of a limited English proficient child or youth

18 in the teacher’s or staff member’s classroom;

19 ‘‘(3) may include establishing (through the Na20 tional Center for Education Statistics in consultation

21 with experts in bilingual education, second language

22 acquisition, and English-as-a-second-language) a

23 common definition of ‘limited English proficient stu24 dent’ for purposes of national data collection; and
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1 ‘‘(4) shall be administered by individuals with

2 expertise in bilingual education and the needs of lim3 ited English proficient students and their families.

4 ‘‘(c) FIELD-INITIATED RESEARCH.—

5 ‘‘(1) IN GENERAL.—The Secretary shall reserve

6 not less than 5 percent of the funds made available

7 to carry out this section for field-initiated research

8 conducted by recipients of grants under subpart 1 or

9 this subpart who have received such grants within the

10 previous 5 years. Such research may provide for lon11 gitudinal studies of students or teachers into bilingual

12 education, monitoring the education of such students

13 from entry into bilingual education through sec14 ondary school completion.

15 ‘‘(2) APPLICATIONS.—An applicant for assist16 ance under this subsection may submit an applica17 tion for such assistance to the Secretary at the same

18 time as the applicant submits another application

19 under subpart 1 or this subpart. The Secretary shall

20 complete a review of such applications on a timely

21 basis to allow the activities carried out under research

22 and program grants to be coordinated when recipients

23 are awarded 2 or more of such grants.

24 ‘‘(d) CONSULTATION.—The Secretary shall consult

25 with agencies and organizations that are engaged in bilin-
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1 gual education research and practice, or related research,

2 and bilingual education researchers and practitioners, to

3 identify areas of study and activities to be funded under

4 this section.

5 ‘‘(e) DATA COLLECTION.—The Secretary shall provide

6 for the collection of data on limited English proficient stu7 dents as part of the data systems operated by the Depart8 ment.

9 ‘‘SEC. 3123. ACADEMIC EXCELLENCE AWARDS.

10 ‘‘(a) AUTHORITY.—The Secretary may make grants to

11 State educational agencies to assist the agencies in recog12 nizing local educational agencies and other public and non13 profit entities whose programs have—

14 ‘‘(1) demonstrated significant progress in assist15 ing limited English proficient students to learn

16 English according to age appropriate and develop17 mentally appropriate standards; and

18 ‘‘(2) demonstrated significant progress in assist19 ing limited English proficient children and youth to

20 meet, according to age appropriate and develop21 mentally appropriate standards, the same challenging

22 State content standards as all children and youth are

23 expected to meet.

24 ‘‘(b) APPLICATIONS.—A State educational agency de25 siring a grant under this section shall include an applica-
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1 tion for such grant in the application submitted by the

2 agency under section 3124(e).

3 ‘‘SEC. 3124. STATE GRANT PROGRAM.

4 ‘‘(a) STATE GRANT PROGRAM.—The Secretary is au5 thorized to make an award to a State educational agency

6 that demonstrates, to the satisfaction of the Secretary, that

7 such agency, through such agency’s programs and other

8 Federal education programs, effectively provides for the

9 education of children and youth of limited English pro10 ficiency within the State.

11 ‘‘(b) PAYMENTS.—The amount paid to a State edu12 cational agency under subsection (a) shall not exceed 5 per13 cent of the total amount awarded to local educational agen14 cies and entities within the State under subpart 1 for the

15 previous fiscal year, except that in no case shall the amount

16 paid by the Secretary to any State educational agency

17 under this subsection for any fiscal year be less than

18 $200,000.

19 ‘‘(c) USE OF FUNDS.—

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

21 shall use funds awarded under this section to—

22 ‘‘(A) assist local educational agencies in the

23 State with activities that—

24 ‘‘(i) consist of program design, capac25 ity building, assessment of student perform-
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1 ance, program evaluation, and development

2 of data collection and accountability sys3 tems for limited English proficient students;

4 and

5 ‘‘(ii) are aligned with State reform ef6 forts; and

7 ‘‘(B) collect data on the State’s limited

8 English proficient populations and document the

9 services available to all such populations.

10 ‘‘(2) TRAINING.—The State educational agency

11 may also use funds provided under this section for the

12 training of State educational agency personnel in

13 educational issues affecting limited English proficient

14 children and youth.

15 ‘‘(3) SPECIAL RULE.—Recipients of funds under

16 this section shall not restrict the provision of services

17 under this section to federally funded programs.

18 ‘‘(d) STATE CONSULTATION.—A State educational

19 agency receiving funds under this section shall consult with

20 recipients of grants under this subpart and other individ21 uals or organizations involved in the development or oper22 ation of programs serving limited English proficient chil23 dren or youth to ensure that such funds are used in a man24 ner consistent with the requirements of this subpart.
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1 ‘‘(e) APPLICATIONS.—A State educational agency de2 siring to receive funds under this section shall submit an

3 application to the Secretary at such time, in such form,

4 and containing such information and assurances as the

5 Secretary may require.

6 ‘‘(f) SUPPLEMENT NOT SUPPLANT.—Federal funds

7 made available under this section for any fiscal year shall

8 be used by the State educational agency to supplement and,

9 to the extent practical, to increase the State funds that, in

10 the absence of such Federal funds, would be made available

11 for the purposes described in this section, and in no case

12 to supplant such State funds.

13 ‘‘(g) REPORT TO THE SECRETARY.—A State edu14 cational agency receiving an award under this section shall

15 provide for the annual submission of a summary report to

16 the Secretary describing such State’s use of the funds made

17 available through the award.

18 ‘‘SEC. 3125. NATIONAL CLEARINGHOUSE FOR BILINGUAL

19 EDUCATION.

20 ‘‘(a) ESTABLISHMENT.—The Secretary shall establish

21 and support the operation of a National Clearinghouse for

22 Bilingual Education, which shall collect, analyze, syn23 thesize, and disseminate information about bilingual edu24 cation and related programs.
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1 ‘‘(b) FUNCTIONS.—The National Clearinghouse for Bi2 lingual Education shall—

3 ‘‘(1) be administered as an adjunct clearinghouse

4 of the Educational Resources Information Center

5 Clearinghouses system of clearinghouses supported by

6 the Office of Educational Research and Improvement;

7 ‘‘(2) coordinate activities with Federal data and

8 information clearinghouses and entities operating

9 Federal dissemination networks and systems;

10 ‘‘(3) develop a database management and moni11 toring system for improving the operation and effec12 tiveness of federally funded bilingual education pro13 grams;

14 ‘‘(4) develop, maintain, and disseminate a list15 ing, by geographical area, of education professionals,

16 parents, teachers, administrators, community mem17 bers, and others, who are native speakers of languages

18 other than English, for use as a resource by local edu19 cational agencies and schools in the development and

20 implementation of bilingual education programs; and

21 ‘‘(5) publish, on an annual basis, a list of grant

22 recipients under this subpart.
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1 ‘‘SEC. 3126. INSTRUCTIONAL MATERIALS DEVELOPMENT.

2 ‘‘(a) IN GENERAL.—The Secretary may make grants

3 for the development, publication, and dissemination of high4 quality instructional materials—

5 ‘‘(1) in Native American languages (including

6 Native Hawaiian languages and the language of Na7 tive American Pacific Islanders), and the language of

8 natives of the outlying areas, for which instructional

9 materials are not readily available; and

10 ‘‘(2) in other low-incidence languages in the

11 United States for which instructional materials are

12 not readily available.

13 ‘‘(b) PRIORITY.—In making the grants, the Secretary

14 shall give priority to applicants for the grants who

15 propose—

16 ‘‘(1) to develop instructional materials in lan17 guages indigenous to the United States or the out18 lying areas; and

19 ‘‘(2) to develop and evaluate materials, in col20 laboration with entities carrying out activities as21 sisted under subpart 1 and this subpart, that are con22 sistent with voluntary national content standards and

23 challenging State content standards.
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1 ‘‘Subpart 3—Professional Development

2 ‘‘SEC. 3131. PURPOSE.

3 ‘‘The purpose of this subpart is to assist in preparing

4 educators to improve the educational services for limited

5 English proficient children and youth by supporting profes6 sional development programs and the dissemination of in7 formation on appropriate instructional practices for such

8 children and youth.

9 ‘‘SEC. 3132. TRAINING FOR ALL TEACHERS PROGRAM.

10 ‘‘(a) PURPOSE.—The purpose of this section is to pro11 vide for the incorporation of courses and curricula on ap12 propriate and effective instructional and assessment meth13 odologies, strategies, and resources specific to limited

14 English proficient students into preservice and inservice

15 professional development programs for individuals who are

16 teachers, pupil services personnel, administrators, or other

17 education personnel in order to prepare such individuals

18 to provide effective services to limited English proficient

19 students.

20 ‘‘(b) AUTHORIZATION.—

21 ‘‘(1) AUTHORITY.—The Secretary may award

22 grants under this section to—

23 ‘‘(A) local educational agencies; or

24 ‘‘(B) 1 or more local educational agencies

25 in a consortium with 1 or more State edu-
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1 cational agencies, institutions of higher edu2 cation, or nonprofit organizations.

3 ‘‘(2) DURATION.—Each grant awarded under

4 this section shall be awarded for a period of not more

5 than 5 years.

6 ‘‘(c) AUTHORIZED ACTIVITIES.—

7 ‘‘(1) PROFESSIONAL DEVELOPMENT ACTIVI8 TIES.—Grants awarded under this section shall be

9 used to conduct high-quality, long-term professional

10 development activities relating to meeting the needs of

11 limited English proficient students, which may

12 include—

13 ‘‘(A) developing and implementing induc14 tion programs for new teachers, including pro15 grams that provide mentoring and coaching by

16 trained teachers, and team teaching with experi17 enced teachers;

18 ‘‘(B) implementing school-based collabo19 rative efforts among teachers to improve instruc20 tion in core academic areas, including reading,

21 for students of limited English proficiency;

22 ‘‘(C) coordinating activities with entities

23 carrying out other programs, such as other pro24 grams carried out under this title, title II, and

25 the Head Start Act;
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1 ‘‘(D) implementing programs that support

2 effective teacher use of education technologies to

3 improve instruction and assessment;

4 ‘‘(E) establishing and maintaining local

5 professional networks;

6 ‘‘(F) developing curricular materials and

7 assessments for teachers that are aligned with

8 State and local standards and the needs of the

9 limited English proficient students to be served;

10 and

11 ‘‘(G) carrying out such other activities as

12 are consistent with the purpose of this section.

13 ‘‘(2) PERMISSIBLE ACTIVITIES.—Grants awarded

14 under this section may be used to conduct activities

15 that include the development of training programs in

16 collaboration with entities carrying out other pro17 grams, such as other programs authorized under this

18 title, title II, and the Head Start Act.

19 ‘‘SEC. 3133. BILINGUAL EDUCATION TEACHERS AND PER20 SONNEL GRANTS.

21 ‘‘(a) PURPOSE.—The purpose of this section is to pro22 vide for—

23 ‘‘(1) preservice and inservice professional devel24 opment for bilingual education teachers, administra25 tors, pupil services personnel, and other educational
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1 personnel who are either involved in, or preparing to

2 be involved in, the provision of educational services

3 for children and youth of limited English proficiency;

4 and

5 ‘‘(2) national professional development institutes

6 that assist schools or departments of education in in7 stitutions of higher education to improve the quality

8 of professional development programs for personnel

9 serving, preparing to serve, or who may serve, chil10 dren and youth of limited English proficiency.

11 ‘‘(b) PROGRAM AUTHORIZED.—

12 ‘‘(1) GRANTS TO INSTITUTIONS OF HIGHER EDU13 CATION.—The Secretary is authorized to award

14 grants for a period of not more than 5 years to insti15 tutions of higher education, in consortia with State

16 educational agencies or local educational agencies, to

17 achieve the purpose of this section.

18 ‘‘(2) GRANTS TO STATE AND LOCAL EDU19 CATIONAL AGENCIES.—The Secretary is authorized to

20 award grants for a period of not more than 5 years

21 to State educational agencies and local educational

22 agencies, for inservice professional development pro23 grams.

24 ‘‘(c) PRIORITY.—The Secretary shall give priority in

25 awarding grants under this section to institutions of higher
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1 education, in consortia with State educational agencies or

2 local educational agencies, that offer degree programs that

3 prepare new bilingual education teachers for teaching in

4 order to increase the availability of teachers to provide high5 quality education to limited English proficient students.

6 ‘‘SEC. 3134. BILINGUAL EDUCATION CAREER LADDER PRO7 GRAM.

8 ‘‘(a) PURPOSE.—The purpose of this section is—

9 ‘‘(1) to upgrade the qualifications and skills of

10 noncertified educational personnel, especially edu11 cational paraprofessionals, to enable the personnel to

12 meet high professional standards, including standards

13 for certification and licensure as bilingual education

14 teachers or for other types of educational personnel

15 who serve limited English proficient students, through

16 collaborative training programs operated by institu17 tions of higher education and State educational agen18 cies and local educational agencies; and

19 ‘‘(2) to help recruit and train secondary school

20 students as bilingual education teachers and other

21 types of educational personnel to serve limited

22 English proficient students.

23 ‘‘(b) AUTHORIZATION.—

24 ‘‘(1) IN GENERAL.—The Secretary is authorized

25 to award grants for bilingual education career ladder
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1 programs to institutions of higher education, in con2 sortia with State educational agencies or local edu3 cational agencies, which consortia may include com4 munity-based organizations or professional education

5 organizations.

6 ‘‘(2) DURATION.—Each grant awarded under

7 this section shall be awarded for a period of not more

8 than 5 years.

9 ‘‘(c) PERMISSIBLE ACTIVITIES.—Grants awarded

10 under this section may be used—

11 ‘‘(1) for the development of bilingual education

12 career ladder program curricula appropriate to the

13 needs of the consortium participants involved;

14 ‘‘(2) to provide assistance for stipends and costs

15 related to tuition, fees, and books for enrolling in

16 courses required to complete the degree, and certifi17 cation or licensing requirements for bilingual edu18 cation teachers; and

19 ‘‘(3) for programs to introduce secondary school

20 students to careers in bilingual education teaching

21 that are coordinated with other activities assisted

22 under this section.

23 ‘‘(d) SPECIAL CONSIDERATION.—In awarding the

24 grants, the Secretary shall give special consideration to an

25 applicant proposing a program that provides for—
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1 ‘‘(1) participant completion of teacher education

2 programs for a baccalaureate or master’s degree, and

3 certification requirements, which programs may in4 clude effective employment placement activities;

5 ‘‘(2) development of teacher proficiency in

6 English as a second language, including developing

7 proficiency in the instructional use of English and, as

8 appropriate, a second language in classroom contexts;

9 ‘‘(3) coordination with the Federal TRIO pro10 grams under chapter 1 of subpart 2 of part A of title

11 IV of the Higher Education Act of 1965, programs

12 under title I of the National and Community Service

13 Act of 1990, and other programs for the recruitment

14 and retention of bilingual students in secondary and

15 postsecondary programs to train the students to be16 come bilingual educators; and

17 ‘‘(4) the applicant’s contribution of additional

18 student financial aid to participating students.

19 ‘‘SEC. 3135. GRADUATE FELLOWSHIPS IN BILINGUAL EDU20 CATION PROGRAM.

21 ‘‘(a) AUTHORIZATION.—

22 ‘‘(1) IN GENERAL.—The Secretary may award

23 fellowships for master’s, doctoral, and post-doctoral

24 study related to instruction of children and youth of

25 limited English proficiency in such areas as teacher
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1 training, program administration, research and eval2 uation, and curriculum development, and for the sup3 port of dissertation research related to such study.

4 ‘‘(2) INFORMATION.—The Secretary shall include

5 information on the operation of, and the number of

6 fellowships awarded under, the fellowship program in

7 the evaluation required under section 3138.

8 ‘‘(b) FELLOWSHIP REQUIREMENTS.—

9 ‘‘(1) IN GENERAL.—Any person receiving a fel10 lowship under this section shall agree to—

11 ‘‘(A) work in an activity related to the pro12 gram or in an activity such as an activity au13 thorized under this part, including work as a bi14 lingual education teacher, for a period of time

15 equivalent to the period of time during which

16 such person receives assistance under this sec17 tion; or

18 ‘‘(B) repay such assistance.

19 ‘‘(2) REGULATIONS.—The Secretary shall estab20 lish in regulations such terms and conditions for such

21 agreement as the Secretary determines to be reason22 able and necessary and may waive the requirement of

23 paragraph (1) in extraordinary circumstances.

24 ‘‘(c) PRIORITY.—In awarding fellowships under this

25 section the Secretary may give priority to institutions of
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1 higher education that demonstrate experience in assisting

2 fellowship recipients to find employment in the field of bi3 lingual education.

4 ‘‘SEC. 3136. APPLICATION.

5 ‘‘(a) IN GENERAL.—

6 ‘‘(1) SECRETARY.—To receive an award under

7 this subpart, an eligible entity shall submit an appli8 cation to the Secretary at such time, in such form,

9 and containing such information as the Secretary

10 may require.

11 ‘‘(2) CONSULTATION AND ASSESSMENT.—Each

12 such application shall contain a description of how

13 the applicant has consulted with, and assessed the

14 needs of, public and private schools serving children

15 and youth of limited English proficiency to determine

16 such schools’ need for, and the design of, the program

17 for which funds are sought.

18 ‘‘(3) SPECIAL RULE.—

19 ‘‘(A) TRAINING PRACTICUM.—An eligible

20 entity who proposes to conduct a master’s- or

21 doctoral-level program with funds received under

22 this subpart shall submit an application under

23 this section that contains an assurance that such

24 program will include, as a part of the program,

25 a training practicum in a local school program
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1 serving children and youth of limited English

2 proficiency.

3 ‘‘(B) WAIVER.—A recipient of a grant

4 under this subpart for a program may waive the

5 requirement that a participant in the program

6 participate in the training practicum, for a de7 gree candidate with significant experience in a

8 local school program serving children and youth

9 of limited English proficiency.

10 ‘‘(4) STATE EDUCATIONAL AGENCY.—An eligible

11 entity that submits an application under this section,

12 with the exception of a school funded by the Bureau

13 of Indian Affairs, shall submit a copy of the applica14 tion to the appropriate State educational agency.

15 ‘‘(b) STATE REVIEW AND COMMENTS.—

16 ‘‘(1) DEADLINE.—The State educational agency,

17 not later than 45 days after receipt of such applica18 tion, shall review the application and transmit such

19 application to the Secretary.

20 ‘‘(2) COMMENTS.—

21 ‘‘(A) SUBMISSION OF COMMENTS.—Regard22 ing applications submitted under this subpart,

23 the State educational agency shall—
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1 ‘‘(i) submit to the Secretary written

2 comments regarding all such applications;

3 and

4 ‘‘(ii) submit to each eligible entity the

5 comments that pertain to such entity.

6 ‘‘(B) SUBJECT.—For purposes of this sub7 part, comments shall address—

8 ‘‘(i) how the activities to be carried out

9 under the award will further the academic

10 achievement and English proficiency of lim11 ited English proficient students served

12 under the award; and

13 ‘‘(ii) how the application is consistent

14 with the State plan required under section

15 1111.

16 ‘‘(c) ELIGIBLE ENTITY COMMENTS.—An eligible entity

17 may submit to the Secretary comments that address the

18 comments submitted by the State educational agency.

19 ‘‘(d) COMMENT CONSIDERATION.—In making awards

20 under this subpart, the Secretary shall take into consider21 ation comments made by State educational agencies.

22 ‘‘(e) WAIVER.—Notwithstanding subsection (b), the

23 Secretary is authorized to waive the review requirement

24 specified in subsection (b) if a State educational agency can

25 demonstrate that such review requirement may impede such
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1 agency’s ability to fulfill the requirements of participation

2 in the program authorized in section 3124, particularly

3 such agency’s ability to carry out data collection efforts,

4 and such agency’s ability to provide technical assistance to

5 local educational agencies not receiving funds under this

6 Act.

7 ‘‘(f) SPECIAL RULE.—

8 ‘‘(1) OUTREACH AND TECHNICAL ASSISTANCE.—

9 The Secretary shall provide for outreach and tech10 nical assistance to institutions of higher education el11 igible for assistance under title III of the Higher Edu12 cation Act of 1965 and institutions of higher edu13 cation that are operated or funded by the Bureau of

14 Indian Affairs to facilitate the participation of such

15 institutions in activities under this subpart.

16 ‘‘(2) DISTRIBUTION RULE.—In making awards

17 under this subpart, the Secretary, consistent with sub18 section (d), shall ensure adequate representation of

19 Hispanic-serving institutions that demonstrate com20 petence and experience concerning the programs and

21 activities authorized under this subpart and are oth22 erwise qualified.

23 ‘‘SEC. 3137. STIPENDS.

24 ‘‘The Secretary shall provide, for persons participating

25 in training programs under this subpart, for the payment
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1 of such stipends (including allowances for subsistence and

2 other expenses for such persons and their dependents), as

3 the Secretary determines to be appropriate.

4 ‘‘SEC. 3138. PROGRAM EVALUATIONS.

5 ‘‘Each recipient of funds under this subpart for a pro6 gram shall annually conduct an evaluation of the program

7 and submit to the Secretary a report containing the evalua8 tion. Such report shall include information on—

9 ‘‘(1) the number of participants served through

10 the program, the number of participants who com11 pleted program requirements, and the number of par12 ticipants who took positions in an instructional set13 ting with limited English proficient students;

14 ‘‘(2) the effectiveness of the program in impart15 ing the professional skills necessary for participants

16 to achieve the objectives of the program; and

17 ‘‘(3) the teaching effectiveness of graduates of the

18 program or other participants who have completed

19 the program.

20 ‘‘SEC. 3139. USE OF FUNDS FOR SECOND LANGUAGE COM21 PETENCE.

22 ‘‘Awards under this subpart may be used to develop

23 a program participant’s competence in a second language

24 for use in instructional programs.
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1 ‘‘PART B—FOREIGN LANGUAGE ASSISTANCE

2 PROGRAM

3 ‘‘SEC. 3201. SHORT TITLE.

4 ‘‘This part may be cited as the ‘Foreign Language As5 sistance Act of 1994’.

6 ‘‘SEC. 3202. PROGRAM AUTHORIZED.

7 ‘‘(a) PROGRAM AUTHORITY.—

8 ‘‘(1) IN GENERAL.—The Secretary shall make

9 grants, on a competitive basis, to State educational

10 agencies or local educational agencies to pay the Fed11 eral share of the cost of innovative model programs

12 providing for the establishment, improvement or ex13 pansion of foreign language study for elementary

14 school and secondary school students.

15 ‘‘(2) DURATION.—Each grant under paragraph

16 (1) shall be awarded for a period of 3 years.

17 ‘‘(b) REQUIREMENTS.—

18 ‘‘(1) GRANTS TO STATE EDUCATIONAL AGEN19 CIES.—In awarding a grant under subsection (a) to

20 a State educational agency, the Secretary shall sup21 port programs that promote systemic approaches to

22 improving foreign language learning in the State.

23 ‘‘(2) GRANTS TO LOCAL EDUCATIONAL AGEN24 CIES.—In awarding a grant under subsection (a) to

25 a local educational agency, the Secretary shall sup26 port programs that—
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1 ‘‘(A) show the promise of being continued

2 beyond the grant period;

3 ‘‘(B) demonstrate approaches that can be

4 disseminated and duplicated in other local edu5 cational agencies; and

6 ‘‘(C) may include a professional develop7 ment component.

8 ‘‘(c) FEDERAL SHARE.—

9 ‘‘(1) IN GENERAL.—The Federal share for each

10 fiscal year shall be 50 percent.

11 ‘‘(2) WAIVER.—The Secretary may waive the re12 quirement of paragraph (1) for any local educational

13 agency which the Secretary determines does not have

14 adequate resources to pay the non-Federal share of the

15 cost of the activities assisted under this part.

‘‘(3) SPECIAL RULE.—Not less than 3 16 ⁄4 of the

17 funds appropriated under section 3205 shall be used

18 for the expansion of foreign language learning in the

19 elementary grades.

20 ‘‘(4) RESERVATION.—The Secretary may reserve

21 not more than 5 percent of funds appropriated under

22 section 3205 to evaluate the efficacy of programs

23 under this part.
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1 ‘‘SEC. 3203. APPLICATIONS.

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

3 local educational agency desiring a grant under this part

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

5 in such form, and containing such information and assur6 ances as the Secretary may require.

7 ‘‘(b) SPECIAL CONSIDERATION.—The Secretary shall

8 give special consideration to applications describing pro9 grams that—

10 ‘‘(1) include intensive summer foreign language

11 programs for professional development;

12 ‘‘(2) link non-native English speakers in the

13 community with the schools in order to promote two14 way language learning;

15 ‘‘(3) promote the sequential study of a foreign

16 language for students, beginning in elementary

17 schools;

18 ‘‘(4) make effective use of technology, such as

19 computer-assisted instruction, language laboratories,

20 or distance learning, to promote foreign language

21 study;

22 ‘‘(5) promote innovative activities such as for23 eign language immersion, partial foreign language

24 immersion, or content-based instruction; and
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1 ‘‘(6) are carried out through a consortium com2 prised of the agency receiving the grant and an ele3 mentary school or secondary school.

4 ‘‘SEC. 3204. ELEMENTARY SCHOOL FOREIGN LANGUAGE IN5 CENTIVE PROGRAM.

6 ‘‘(a) INCENTIVE PAYMENTS.—From amounts appro7 priated under section 3205 the Secretary shall make an in8 centive payment for each fiscal year to each public elemen9 tary school that provides to students attending such school

10 a program designed to lead to communicative competency

11 in a foreign language.

12 ‘‘(b) AMOUNT.—The Secretary shall determine the

13 amount of the incentive payment under subsection (a) for

14 each public elementary school for each fiscal year on the

15 basis of the number of students participating in a program

16 described in such subsection at such school for such year

17 compared to the total number of such students at all such

18 schools in the United States for such year.

19 ‘‘(c) REQUIREMENT.—The Secretary shall consider a

20 program to be designed to lead to communicative com21 petency in a foreign language if such program is com22 parable to a program that provides not less than 45 minutes

23 of instruction in a foreign language not less than 4 days

24 per week throughout an academic year.
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1 ‘‘SEC. 3205. AUTHORIZATION OF APPROPRIATIONS.

2 ‘‘There are authorized to be appropriated $35,000,000

3 for the fiscal year 2002, and such sums as may be necessary

4 for each of the 6 succeeding fiscal years, to carry out this

5 part, of which not more than $20,000,000 may be used in

6 each fiscal year to carry out section 3204.

7 ‘‘PART C—EMERGENCY IMMIGRANT EDUCATION

8 PROGRAM

9 ‘‘SEC. 3301. PURPOSE.

10 ‘‘(a) FINDINGS.—The Congress finds that—

11 ‘‘(1) the education of our Nation’s children and

12 youth is 1 of the most sacred government responsibil13 ities;

14 ‘‘(2) local educational agencies have struggled to

15 fund adequately education services;

16 ‘‘(3) in the case of Plyler v. Doe, 457 U.S. 202

17 (1982), the Supreme Court held that States have a re18 sponsibility under the Equal Protection Clause of the

19 Constitution to educate all children, regardless of im20 migration status; and

21 ‘‘(4) immigration policy is solely a responsibility

22 of the Federal Government.

23 ‘‘(b) PURPOSE.—The purpose of this part is to assist

24 eligible local educational agencies that experience unexpect25 edly large increases in their student population due to im26 migration to—
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1 ‘‘(1) provide high-quality instruction to immi2 grant children and youth; and

3 ‘‘(2) help such children and youth—

4 ‘‘(A) with their transition into American

5 society; and

6 ‘‘(B) meet the same challenging State per7 formance standards expected of all children and

8 youth.

9 ‘‘SEC. 3302. STATE ADMINISTRATIVE COSTS.

10 ‘‘For any fiscal year, a State educational agency may

11 reserve not more than 1.5 percent (2 percent if the State

12 educational agency distributes funds received under this

13 part to local educational agencies on a competitive basis)

14 of the amount allocated to such agency under section 3304

15 to pay the costs of performing such agency’s administrative

16 functions under this part.

17 ‘‘SEC. 3303. WITHHOLDING.

18 ‘‘Whenever the Secretary, after providing reasonable

19 notice and opportunity for a hearing to any State edu20 cational agency, finds that there is a failure to meet the

21 requirement of any provision of this part, the Secretary

22 shall notify that agency that further payments will not be

23 made to the agency under this part, or in the discretion

24 of the Secretary, that the State educational agency shall not

25 make further payments under this part to specified local
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1 educational agencies whose actions cause or are involved in

2 such failure until the Secretary is satisfied that there is no

3 longer any such failure to comply. Until the Secretary is

4 so satisfied, no further payments shall be made to the State

5 educational agency under this part, or payments by the

6 State educational agency under this part shall be limited

7 to local educational agencies whose actions did not cause

8 or were not involved in the failure, as the case may be.

9 ‘‘SEC. 3304. STATE ALLOCATIONS.

10 ‘‘(a) PAYMENTS.—The Secretary shall, in accordance

11 with the provisions of this section, make payments to State

12 educational agencies for each of the fiscal years 2002

13 through 2008 for the purpose set forth in section 3301.

14 ‘‘(b) ALLOCATIONS.—

15 ‘‘(1) IN GENERAL.—Except as provided in sub16 sections (c) and (d), of the amount appropriated for

17 each fiscal year for this part, each State participating

18 in the program assisted under this part shall receive

19 an allocation equal to the proportion of such State’s

20 number of immigrant children and youth who are en21 rolled in public elementary schools or secondary

22 schools under the jurisdiction of each local edu23 cational agency described in paragraph (2) within

24 such State, and in nonpublic elementary schools or

25 secondary schools within the district served by each
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1 such local educational agency, relative to the total

2 number of immigrant children and youth so enrolled

3 in all the States participating in the program as4 sisted under this part.

5 ‘‘(2) ELIGIBLE LOCAL EDUCATIONAL AGEN6 CIES.—The local educational agencies referred to in

7 paragraph (1) are those local educational agencies in

8 which the sum of the number of immigrant children

9 and youth who are enrolled in public elementary

10 schools or secondary schools under the jurisdiction of

11 such agencies, and in nonpublic elementary schools or

12 secondary schools within the districts served by such

13 agencies, during the fiscal year for which the pay14 ments are to be made under this part, is equal to—

15 ‘‘(A) at least 500; or

16 ‘‘(B) at least 3 percent of the total number

17 of students enrolled in such public or nonpublic

18 schools during such fiscal year,

19 whichever is less.

20 ‘‘(c) DETERMINATIONS OF NUMBER OF CHILDREN AND

21 YOUTH.—

22 ‘‘(1) IN GENERAL.—Determinations by the Sec23 retary under this section for any period with respect

24 to the number of immigrant children and youth shall

25 be made on the basis of data or estimates provided to
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1 the Secretary by each State educational agency in ac2 cordance with criteria established by the Secretary,

3 unless the Secretary determines, after notice and op4 portunity for a hearing to the affected State edu5 cational agency, that such data or estimates are clear6 ly erroneous.

7 ‘‘(2) SPECIAL RULE.—No such determination

8 with respect to the number of immigrant children and

9 youth shall operate because of an underestimate or

10 overestimate to deprive any State educational agency

11 of the allocation under this section that such State

12 would otherwise have received had such determination

13 been made on the basis of accurate data.

14 ‘‘(d) REALLOCATION.—Whenever the Secretary deter15 mines that any amount of a payment made to a State

16 under this part for a fiscal year will not be used by such

17 State for carrying out the purpose for which the payment

18 was made, the Secretary shall make such amount available

19 for carrying out such purpose to 1 or more other States

20 to the extent the Secretary determines that such other States

21 will be able to use such additional amount for carrying out

22 such purpose. Any amount made available to a State from

23 any appropriation for a fiscal year in accordance with the

24 preceding sentence shall, for purposes of this part, be re25 garded as part of such State’s payment (as determined
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1 under subsection (b)) for such year, but shall remain avail2 able until the end of the succeeding fiscal year.

3 ‘‘(e) RESERVATION OF FUNDS.—

4 ‘‘(1) IN GENERAL.—Notwithstanding any other

5 provision of this part, if the amount appropriated to

6 carry out this part exceeds $50,000,000 for a fiscal

7 year, a State educational agency may reserve not

8 more than 20 percent of such agency’s payment under

9 this part for such year to award grants, on a com10 petitive basis, to local educational agencies within the

11 State as follows:

12 ‘‘(A) AGENCIES WITH IMMIGRANT CHILDREN

AND YOUTH.—At least 1 13 ⁄2 of such grants shall be

14 made available to eligible local educational agen15 cies (as described in subsection (b)(2)) within the

16 State with the highest numbers and percentages

17 of immigrant children and youth.

18 ‘‘(B) AGENCIES WITH A SUDDEN INFLUX OF

19 CHILDREN AND YOUTH.—Funds reserved under

20 this paragraph and not made available under

21 subparagraph (A) may be distributed to local

22 educational agencies within the State experi23 encing a sudden influx of immigrant children

24 and youth which are otherwise not eligible for

25 assistance under this part.
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1 ‘‘(2) USE OF GRANT FUNDS.—Each local edu2 cational agency receiving a grant under paragraph

3 (1) shall use such grant funds to carry out the activi4 ties described in section 3307.

5 ‘‘(3) INFORMATION.—Local educational agencies

6 with the highest number of immigrant children and

7 youth receiving funds under paragraph (1) may make

8 information available on serving immigrant children

9 and youth to local educational agencies in the State

10 with sparse numbers of such children.

11 ‘‘SEC. 3305. STATE APPLICATIONS.

12 ‘‘(a) SUBMISSION.—No State educational agency shall

13 receive any payment under this part for any fiscal year

14 unless such agency submits an application to the Secretary

15 at such time, in such manner, and containing or accom16 panied by such information, as the Secretary may reason17 ably require. Each such application shall—

18 ‘‘(1) provide that the educational programs, serv19 ices, and activities for which payments under this

20 part are made will be administered by or under the

21 supervision of the agency;

22 ‘‘(2) provide assurances that payments under

23 this part will be used for purposes set forth in sections

24 3301 and 3307, including a description of how local

25 educational agencies receiving funds under this part
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1 will use such funds to meet such purposes and will co2 ordinate with other programs assisted under this Act,

3 and other Acts as appropriate;

4 ‘‘(3) provide an assurance that local educational

5 agencies receiving funds under this part will coordi6 nate the use of such funds with programs assisted

7 under part A or title I;

8 ‘‘(4) provide assurances that such payments,

9 with the exception of payments reserved under section

10 3304(e), will be distributed among local educational

11 agencies within that State on the basis of the number

12 of immigrant children and youth counted with respect

13 to each such local educational agency under section

14 3304(b)(1);

15 ‘‘(5) provide assurances that the State edu16 cational agency will not finally disapprove in whole

17 or in part any application for funds received under

18 this part without first affording the local educational

19 agency submitting an application for such funds rea20 sonable notice and opportunity for a hearing;

21 ‘‘(6) provide for making such reports as the Sec22 retary may reasonably require to perform the Sec23 retary’s functions under this part;

24 ‘‘(7) provide assurances—
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1 ‘‘(A) that to the extent consistent with the

2 number of immigrant children and youth en3 rolled in the nonpublic elementary schools or sec4 ondary schools within the district served by a

5 local educational agency, such agency, after con6 sultation with appropriate officials of such

7 schools, shall provide for the benefit of such chil8 dren and youth secular, neutral, and nonideolog9 ical services, materials, and equipment necessary

10 for the education of such children and youth;

11 ‘‘(B) that the control of funds provided

12 under this part to any materials, equipment,

13 and property repaired, remodeled, or constructed

14 with those funds shall be in a public agency for

15 the uses and purpose provided in this part, and

16 a public agency shall administer such funds and

17 property; and

18 ‘‘(C) that the provision of services pursuant

19 to this paragraph shall be provided by employees

20 of a public agency or through contract by such

21 public agency with a person, association, agency,

22 or corporation who or which, in the provision of

23 such services, is independent of such nonpublic

24 elementary school or secondary school and of any

25 religious organization, and such employment or
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1 contract shall be under the control and super2 vision of such public agency, and the funds pro3 vided under this paragraph shall not be commin4 gled with State or local funds;

5 ‘‘(8) provide that funds reserved under section

6 3304(e) be awarded on a competitive basis based on

7 merit and need in accordance with such section; and

8 ‘‘(9) provide an assurance that State educational

9 agencies and local educational agencies receiving

10 funds under this part will comply with the require11 ments of section 1120(b).

12 ‘‘(b) APPLICATION REVIEW.—

13 ‘‘(1) IN GENERAL.—The Secretary shall review

14 all applications submitted pursuant to this section by

15 State educational agencies.

16 ‘‘(2) APPROVAL.—The Secretary shall approve

17 any application submitted by a State educational

18 agency that meets the requirements of this section.

19 ‘‘(3) DISAPPROVAL.—The Secretary shall dis20 approve any application submitted by a State edu21 cational agency which does not meet the requirements

22 of this section, but shall not finally disapprove an ap23 plication except after providing reasonable notice,

24 technical assistance, and an opportunity for a hear25 ing to the State.
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1 ‘‘SEC. 3306. ADMINISTRATIVE PROVISIONS.

2 ‘‘(a) NOTIFICATION OF AMOUNT.—The Secretary, not

3 later than June 1 of each year, shall notify each State edu4 cational agency that has an application approved under

5 section 3305 of the amount of such agency’s allocation

6 under section 3304 for the succeeding year.

7 ‘‘(b) SERVICES TO CHILDREN ENROLLED IN NON8 PUBLIC SCHOOLS.—If by reason of any provision of law

9 a local educational agency is prohibited from providing

10 educational services for children enrolled in nonpublic ele11 mentary schools and secondary schools, as required by sec12 tion 3305(a)(7), or if the Secretary determines that a local

13 educational agency has substantially failed or is unwilling

14 to provide for the participation on an equitable basis of

15 children enrolled in such schools, the Secretary may waive

16 such requirement and shall arrange for the provision of

17 services, subject to the requirements of this part, to such

18 children. Such waivers shall be subject to consultation,

19 withholding, notice, and judicial review requirements in ac20 cordance with the provisions of title I.

21 ‘‘SEC. 3307. USES OF FUNDS.

22 ‘‘(a) USE OF FUNDS.—Funds awarded under this part

23 shall be used to pay for enhanced instructional opportuni24 ties for immigrant children and youth, which may

25 include—
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1 ‘‘(1) family literacy, parent outreach, and train2 ing activities designed to assist parents to become ac3 tive participants in the education of their children;

4 ‘‘(2) salaries of personnel, including teacher

5 aides who have been specifically trained, or are being

6 trained, to provide services to immigrant children

7 and youth;

8 ‘‘(3) tutorials, mentoring, and academic or ca9 reer counseling for immigrant children and youth;

10 ‘‘(4) identification and acquisition of curricular

11 materials, educational software, and technologies to be

12 used in the program;

13 ‘‘(5) basic instructional services which are di14 rectly attributable to the presence in the school dis15 trict of immigrant children, including the costs of

16 providing additional classroom supplies, overhead

17 costs, costs of construction, acquisition or rental of

18 space, costs of transportation, or such other costs as

19 are directly attributable to such additional basic in20 structional services; and

21 ‘‘(6) such other activities, related to the purpose

22 of this part, as the Secretary may authorize.

23 ‘‘(b) CONSORTIA.—A local educational agency that re24 ceives a grant under this part may collaborate or form a

25 consortium with 1 or more local educational agencies, insti-
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1 tutions of higher education, and nonprofit organizations to

2 carry out the program described in an application ap3 proved under this part.

4 ‘‘(c) SUBGRANTS.—A local educational agency that re5 ceives a grant under this part may, with the approval of

6 the Secretary, make a subgrant to, or enter into a contract

7 with, an institution of higher education, a nonprofit orga8 nization, or a consortium of such entities to carry out a

9 program described in an application approved under this

10 part, including a program to serve out-of-school youth.

11 ‘‘(d) CONSTRUCTION.—Nothing in this part shall be

12 construed to prohibit a local educational agency from serv13 ing immigrant children simultaneously with students with

14 similar educational needs, in the same educational settings

15 where appropriate.

16 ‘‘SEC. 3308. REPORTS.

17 ‘‘(a) BIENNIAL REPORT.—Each State educational

18 agency receiving funds under this part shall submit, once

19 every 2 years, a report to the Secretary concerning the ex20 penditure of funds by local educational agencies under this

21 part. Each local educational agency receiving funds under

22 this part shall submit to the State educational agency such

23 information as may be necessary for such report.

24 ‘‘(b) REPORT TO CONGRESS.—The Secretary shall sub25 mit, once every 2 years, a report to the appropriate commit-
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1 tees of the Congress concerning programs assisted under this

2 part.

3 ‘‘SEC. 3309. AUTHORIZATION OF APPROPRIATIONS.

4 ‘‘For the purpose of carrying out this part, there are

5 authorized to be appropriated $200,000,000 for fiscal year

6 2002 and such sums as may be necessary for each of the

7 6 succeeding fiscal years.

8 ‘‘PART D—STATE AND LOCAL GRANTS FOR

9 LANGUAGE MINORITY STUDENTS

10 ‘‘SEC. 3321. POLICY AND PURPOSE.

11 ‘‘(a) POLICY.—It is the policy of the United States

12 that, in order to ensure equal educational opportunity for

13 all children and youth, and to promote educational excel14 lence, the Federal Government should—

15 ‘‘(1) assist States and, through the States, local

16 educational agencies and schools to build their capac17 ity to establish, implement, and sustain programs of

18 instruction and English language development for

19 limited English proficient students;

20 ‘‘(2) hold States and, through the States, local

21 educational agencies and schools accountable for in22 creases in English proficiency and core content

23 knowledge among limited English proficient students;

24 and
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1 ‘‘(3) promote parental and community partici2 pation in programs for limited English proficient

3 students.

4 ‘‘(b) PURPOSES.—The purposes of this part are—

5 ‘‘(1) to assist all limited English proficient stu6 dents, including recent immigrant students, to attain

7 English proficiency as quickly and as effectively as

8 possible;

9 ‘‘(2) to assist all limited English proficient stu10 dents, including recent immigrant students, to achieve

11 at high levels in the core academic subjects so that

12 those students can meet the same challenging State

13 content and student performance standards as all stu14 dents are expected to meet, as required by section

15 1111(b)(1); and

16 ‘‘(3) to provide the assistance described in para17 graphs (1) and (2) by—

18 ‘‘(A) streamlining language instruction edu19 cational programs into a program carried out

20 through performance-based grants for State and

21 local educational agencies to help limited

22 English proficient students, including recent im23 migrant students, develop proficiency in English

24 as quickly and as effectively as possible, while
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1 meeting State content and student performance

2 standards as required by section 1111(b)(1);

3 ‘‘(B) requiring States and, through the

4 States, local educational agencies and schools

5 to—

6 ‘‘(i) demonstrate improvements in the

7 English proficiency of limited English pro8 ficient students each fiscal year; and

9 ‘‘(ii) make adequate yearly progress

10 with limited English proficient students, in11 cluding recent immigrant students, as de12 scribed in section 1111(b)(2); and

13 ‘‘(C) providing State educational agencies

14 and local educational agencies with the flexi15 bility to implement the instructional programs,

16 tied to scientifically based research, that the

17 agencies believe to be the most effective for teach18 ing English.

19 ‘‘SEC. 3322. DEFINITIONS.

20 ‘‘Except as otherwise provided, in this part:

21 ‘‘(1) CORE ACADEMIC SUBJECTS.—The term ‘core

22 academic subjects’ has the meaning given the term in

23 section 2102.
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1 ‘‘(2) IMMIGRANT CHILDREN AND YOUTH.—The

2 term ‘immigrant children and youth’ means individ3 uals who—

4 ‘‘(A) are aged 3 through 21;

5 ‘‘(B) were not born in any State; and

6 ‘‘(C) have not been attending 1 or more

7 schools in any 1 or more States for more than

8 3 full academic years.

9 ‘‘(3) LANGUAGE INSTRUCTION EDUCATIONAL

10 PROGRAM.—The term ‘language instruction edu11 cational program’ means an instructional course—

12 ‘‘(A) in which a limited English proficient

13 student is placed for the purpose of developing

14 proficiency in English as quickly and as effec15 tively as possible, while meeting State content

16 and student performance standards as required

17 by section 1111(b)(1); and

18 ‘‘(B) which may make instructional use of

19 both English and a student’s native language to

20 develop English proficiency as quickly and as ef21 fectively as possible, and may include the par22 ticipation of English proficient students if such

23 course is designed to enable all participating stu24 dents to become proficient in English and a sec25 ond language.
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1 ‘‘(4) LIMITED ENGLISH PROFICIENT STUDENT.—

2 The term ‘limited English proficient student’ means

3 an individual—

4 ‘‘(A) who is aged 3 through 21;

5 ‘‘(B) who is enrolled or preparing to enroll

6 in an elementary school or secondary school;

7 ‘‘(C)(i) who was not born in the United

8 States or whose native language is a language

9 other than English, and who comes from an en10 vironment where a language other than English

11 is dominant;

12 ‘‘(ii)(I) who is a Native American or Alaska

13 Native, or a native resident of the outlying

14 areas; and

15 ‘‘(II) who comes from an environment

16 where a language other than English has had a

17 significant impact on such individual’s level of

18 English language proficiency; or

19 ‘‘(iii) who is migratory, whose native lan20 guage is a language other than English, and who

21 comes from an environment where a language

22 other than English is dominant; and

23 ‘‘(D) who has sufficient difficulty speaking,

24 reading, writing, or understanding the English
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1 language, and whose difficulties may deny the

2 individual—

3 ‘‘(i) the ability to meet the State’s pro4 ficient level of performance on State assess5 ments described in section 1111(b)(3);

6 ‘‘(ii) the opportunity to learn success7 fully in classrooms where the language of

8 instruction is English; or

9 ‘‘(iii) the opportunity to participate

10 fully in society.

11 ‘‘(5) LOCAL EDUCATIONAL AGENCY.—The term

12 ‘local educational agency’ includes a consortium of

13 such agencies.

14 ‘‘(6) NATIVE LANGUAGE.—The term ‘native lan15 guage’, used with reference to a limited English pro16 ficient student, means the language normally used by

17 the parents of the student.

18 ‘‘(7) SCIENTIFICALLY BASED RESEARCH.—The

19 term ‘scientifically based research’, used with respect

20 to an activity or program authorized under this part,

21 means an activity or program based on specific strat22 egies and implementation of such strategies that,

23 based on sound educational theory, research, and an

24 evaluation (including a comparison of program char25 acteristics), are effective in improving student
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1 achievement and performance and other program ob2 jectives.

3 ‘‘(8) SPECIALLY QUALIFIED AGENCY.—The term

4 ‘specially qualified agency’ means a local educational

5 agency in a State that does not participate in a pro6 gram under this part for a fiscal year.

7 ‘‘(9) STATE.—The term ‘State’ means each of the

8 50 States of the United States and the District of Co9 lumbia.

10 ‘‘SEC. 3323. PROGRAM AUTHORIZED.

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

12 award grants, from allotments under subsection (b), to each

13 State having a State plan approved under section 3325(c),

14 to enable the State to help limited English proficient stu15 dents become proficient in English.

16 ‘‘(b) RESERVATIONS AND ALLOTMENTS.—

17 ‘‘(1) RESERVATIONS.—From the amount appro18 priated under 3003(b) to carry out this part for each

19 fiscal year, the Secretary shall reserve—

‘‘(A) 1 20 ⁄2 of 1 percent of such amount for

21 payments to the Secretary of the Interior for ac22 tivities approved by the Secretary of Education,

23 consistent with this part, in schools operated or

24 supported by the Bureau of Indian Affairs, on

25 the basis of their respective needs;
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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;

‘‘(C) 1 7 ⁄2 of 1 percent of such amount for

8 payments to the Commonwealth of Puerto Rico,

9 for activities, approved by the Secretary, con10 sistent with this part;

11 ‘‘(D) 6 percent of such amount to carry out

12 national activities under section 3332; and

13 ‘‘(E) such sums as may be necessary to

14 make continuation awards under paragraph (4).

15 ‘‘(2) STATE ALLOTMENTS.—

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

17 subparagraph (B), from the amount appro18 priated under 3003(b) for any fiscal year that

19 remains after making reservations under para20 graph (1), the Secretary shall allot to each State

21 having a State plan approved under section

22 3325(c)—

23 ‘‘(i) an amount that bears the same re24 lationship to 67 percent of the remainder as

25 the number of limited English proficient
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1 students in the State bears to the number of

2 such students in all States; and

3 ‘‘(ii) an amount that bears the same

4 relationship to 33 percent of the remainder

5 as the number of immigrant children and

6 youth in the State bears to the number of

7 such children and youth in all States.

8 ‘‘(B) MINIMUM ALLOTMENTS.—No State

9 shall receive an allotment under this paragraph

that is less than 1 10 ⁄2 of 1 percent of the amount

11 available for allotments under this paragraph.

12 ‘‘(3) DATA.—For purposes of paragraph (2), for

13 the purpose of determining the number of limited

14 English proficient students in a State and in all

15 States, and the number of immigrant children and

16 youth in a State and in all States, for each fiscal

17 year, the Secretary shall use data that will yield the

18 most accurate, up-to-date numbers of such students,

19 which may include—

20 ‘‘(A) data available from the Bureau of the

21 Census; or

22 ‘‘(B) data submitted to the Secretary by the

23 States.

24 ‘‘(4) CONTINUATION AWARDS.—
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1 ‘‘(A) IN GENERAL.—Before making allot2 ments to States under paragraph (2) for any fis3 cal year, the Secretary shall use the sums re4 served under paragraph (1)(E) to make continu5 ation awards to recipients who received grants

6 or fellowships for the fiscal year before the first

7 fiscal year described in section 3003(b) under—

8 ‘‘(i) subparts 1 and 3 of part A of title

9 VII (as in effect on the day before the effec10 tive date of the Better Education for Stu11 dents and Teachers Act); or

12 ‘‘(ii) subparts 1 and 3 of part A.

13 ‘‘(B) USE OF FUNDS.—The Secretary shall

14 make the grants in order to allow such recipients

15 to receive awards for the complete period of their

16 grants or fellowships under the appropriate sub17 parts.

18 ‘‘(c) DIRECT AWARDS TO SPECIALLY QUALIFIED

19 AGENCIES.—

20 ‘‘(1) NONPARTICIPATING STATE.—If a State edu21 cational agency chooses not to participate in a pro22 gram under this part for a fiscal year, or fails to sub23 mit an approvable application under section 3325 for

24 a fiscal year, a specially qualified agency in such

25 State desiring a grant under this part for the fiscal
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1 year shall apply directly to the Secretary to receive

2 a grant under this subsection.

3 ‘‘(2) DIRECT AWARDS.—The Secretary may

4 award, on a competitive basis, the amount the State

5 educational agency is eligible to receive under sub6 section (b)(2) directly to specially qualified agencies

7 in the State desiring a grant under this part and

8 having an application approved under section

9 3325(c).

10 ‘‘(3) ADMINISTRATIVE FUNDS.—A specially

11 qualified agency that receives a direct grant under

12 this subsection may use not more than 1 percent of

13 the grant funds for a fiscal year for the administra14 tive costs of carrying out this part.

15 ‘‘(d) REALLOTMENT.—Whenever the Secretary deter16 mines that any amount of a payment made to a State or

17 specially qualified agency under this part for a fiscal year

18 will not be used by the State or agency for the purpose for

19 which the payment was made, the Secretary shall, in ac20 cordance with such rules as the Secretary determines to be

21 appropriate, make such amount available to other States

22 or specially qualified agencies for carrying out that pur23 pose.
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1 ‘‘SEC. 3324. WITHIN-STATE ALLOCATIONS.

2 ‘‘(a) GRANT AWARDS.—Each State educational agency

3 receiving a grant under this part for a fiscal year shall

4 use a portion equal to at least 95 percent of the agency’s

5 allotment under section 3323(b)(2)—

6 ‘‘(1) to award grants, from allocations under

7 subsection (b), to local educational agencies in the

8 State to carry out the activities described in section

9 3327(b); and

10 ‘‘(2) to make grants under subsection (c) to local

11 educational agencies in the State that are described

12 in that subsection to carry out the activities described

13 in section 3327(c).

14 ‘‘(b) ALLOCATION FORMULA.—

15 ‘‘(1) IN GENERAL.—After making the reserva16 tions under subsection (c), each State educational

17 agency receiving a grant under section 3323(b)(2)

18 shall award grants for a fiscal year by allocating to

19 each local educational agency in the State having a

20 plan approved under section 3326 an amount that

21 bears the same relationship to the portion described in

22 subsection (a)(1) and remaining after the reservations

23 as the population of limited English proficient stu24 dents in schools served by the local educational agency

25 bears to the population of limited English proficient
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1 students in schools served by all local educational

2 agencies in the State.

3 ‘‘(2) AMOUNT OF GRANTS.—A State shall not

4 award a grant from an allocation made under this

5 subsection in an amount of less than $10,000.

6 ‘‘(c) RESERVATIONS.—

7 ‘‘(1) GRANTS TO LOCAL EDUCATIONAL AGENCIES

8 THAT EXPERIENCE SUBSTANTIAL INCREASES IN IMMI9 GRANT CHILDREN AND YOUTH.—

10 ‘‘(A) IN GENERAL.—A State educational

11 agency receiving a grant under this part for a

12 fiscal year shall reserve a portion equal to not

13 more than 15 percent of the agency’s allotment

14 under section 3323(b)(2) to award grants to local

15 educational agencies in the State that experience

16 a substantial increase in the number of immi17 grant children and youth enrolled in public ele18 mentary schools and secondary schools under the

19 jurisdiction of the agencies.

20 ‘‘(B) SUBSTANTIAL INCREASE.—For the

21 purpose of this paragraph, the term ‘substantial

22 increase’, used with respect to the number of im23 migrant children and youth enrolled in schools

24 for a fiscal year, means—
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1 ‘‘(i) an increase of not less than 20

2 percent, or of not fewer than 50 individuals,

3 in the number of such children and youth so

4 enrolled, relative to the preceding year; or

5 ‘‘(ii) an increase of not less than 20

6 percent in such number, relative to the pre7 ceding year, in the case of a local edu8 cational agency that has limited or no expe9 rience in serving limited English proficient

10 students.

11 ‘‘(2) STATE ACTIVITIES.—Each State edu12 cational agency receiving a grant under this part

13 may reserve not more than 5 percent of the agency’s

14 allotment under section 3323(b)(2) to carry out State

15 activities described in the State plan submitted under

16 section 3325.

17 ‘‘(3) ADMINISTRATIVE EXPENSES.—From the

18 amount reserved under paragraph (2), a State edu19 cational agency may use not more than 2 percent for

20 the planning costs and administrative costs of car21 rying out the State activities described in the State

22 plan and providing grants to local educational agen23 cies.
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1 ‘‘SEC. 3325. STATE AND SPECIALLY QUALIFIED AGENCY

2 PLANS.

3 ‘‘(a) PLAN REQUIRED.—Each State educational agen4 cy and specially qualified agency desiring a grant under

5 this part shall submit a plan to the Secretary at such time,

6 in such manner, and containing such information as the

7 Secretary may require.

8 ‘‘(b) CONTENTS.—Each plan submitted under sub9 section (a) shall—

10 ‘‘(1) describe how the State or specially qualified

11 agency will establish standards and benchmarks for

12 English language proficiency that are derived from

13 the 4 recognized domains of speaking, listening, read14 ing, and writing, and that are aligned with achieve15 ment of the State content and student performance

16 standards described in section 1111(b)(1);

17 ‘‘(2) contain an assurance that the—

18 ‘‘(A) State educational agency consulted

19 with local educational agencies, education-related

20 community groups and nonprofit organizations,

21 parents, teachers, school administrators, and sec22 ond language acquisition specialists, in setting

23 the performance objectives; or

24 ‘‘(B) specially qualified agency consulted

25 with education-related community groups and

26 nonprofit organizations, parents, teachers, and
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1 second language acquisition specialists, in set2 ting the performance objectives described in sec3 tion 3329;

4 ‘‘(3) describe how—

5 ‘‘(A) in the case of a State educational

6 agency, the State educational agency will hold

7 local educational agencies and elementary schools

8 and secondary schools accountable for—

9 ‘‘(i) meeting all performance objectives

10 described in section 3329;

11 ‘‘(ii) making adequate yearly progress

12 with limited English proficient students as

13 described in section 1111(b)(2); and

14 ‘‘(iii) annually measuring the English

15 language proficiency of limited English pro16 ficient students, so that such students served

17 by the programs carried out under this part

18 develop proficiency in English as quickly

19 and as effectively as possible, while meeting

20 State content and student performance

21 standards as required by section 1111(b)(1);

22 and

23 ‘‘(B) in the case of a specially qualified

24 agency, the agency will hold elementary schools

25 and secondary schools accountable for—
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1 ‘‘(i) meeting all performance objectives

2 described in section 3329;

3 ‘‘(ii) making adequate yearly progress

4 with limited English proficient students as

5 described in section 1111(b)(2); and

6 ‘‘(iii) annually measuring the English

7 language proficiency of limited English pro8 ficient students, so that such students served

9 by the programs carried out under this part

10 develop proficiency in English as quickly

11 and as effectively as possible, while meeting

12 State content and student performance

13 standards as required by section 1111(b)(1);

14 ‘‘(4) in the case of a specially qualified agency,

15 describe the activities for which assistance is sought,

16 and how the activities will increase the effectiveness

17 with which students develop proficiency in English as

18 quickly and as effectively as possible, while meeting

19 State content and student performance standards as

20 required by section 1111(b)(1);

21 ‘‘(5) in the case of a State educational agency,

22 describe how local educational agencies in the State

23 will be given the flexibility to teach limited English

24 proficient students—
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1 ‘‘(A) using a language instruction cur2 riculum that is tied to scientifically based re3 search and has been demonstrated to be effective;

4 and

5 ‘‘(B) in the manner the local educational

6 agencies determine to be the most effective; and

7 ‘‘(6) describe how—

8 ‘‘(A) in the case of a State educational

9 agency, the State educational agency will, if

10 requested—

11 ‘‘(i) provide technical assistance to

12 local educational agencies and elementary

13 schools and secondary schools for the pur14 poses of identifying and implementing lan15 guage instruction educational programs and

16 curricula that are tied to scientifically

17 based research;

18 ‘‘(ii) provide technical assistance to

19 local educational agencies and elementary

20 schools and secondary schools for the pur21 poses of helping limited English proficient

22 students meet the same challenging State

23 content standards and challenging State

24 student performance standards as all stu25 dents are expected to meet;
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1 ‘‘(iii) provide technical assistance to

2 local educational agencies and elementary

3 schools and secondary schools to identify or

4 develop and implement measures of English

5 language proficiency; and

6 ‘‘(iv) provide technical assistance to

7 local educational agencies and elementary

8 schools and secondary schools for the pur9 poses of promoting parental and commu10 nity participation in programs that serve

11 limited English proficient students; and

12 ‘‘(B) in the case of a specially qualified

13 agency, the specially qualified agency will—

14 ‘‘(i) provide technical assistance to ele15 mentary schools and secondary schools

16 served by the specially qualified agency for

17 the purposes of identifying and imple18 menting programs and curricula that are

19 tied to scientifically based research; and

20 ‘‘(ii) provide technical assistance to el21 ementary schools and secondary schools

22 served by the specially qualified agency for

23 the purposes described in clauses (ii), (iii),

24 and (iv) of subparagraph (A).
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1 ‘‘(c) APPROVAL.—The Secretary, after using a peer re2 view process, shall approve a State plan or a specially

3 qualified agency plan if the plan meets the requirements

4 of this section, and holds reasonable promise of achieving

5 the purposes described in section 3321(b).

6 ‘‘(d) DURATION OF THE PLAN.—

7 ‘‘(1) IN GENERAL.—Each State plan or specially

8 qualified agency plan shall—

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

10 State educational agency’s or specially qualified

11 agency’s participation under this part; and

12 ‘‘(B) be periodically reviewed and revised

13 by the State educational agency or specially

14 qualified agency, as necessary, to reflect changes

15 to the State’s or specially qualified agency’s

16 strategies and programs carried out under this

17 part.

18 ‘‘(2) ADDITIONAL INFORMATION.—

19 ‘‘(A) SIGNIFICANT CHANGES.—If the State

20 educational agency or specially qualified agency

21 makes significant changes to the plan, such as

22 the adoption of new performance objectives or as23 sessment measures, the State educational agency

24 or specially qualified agency shall submit infor-
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1 mation regarding the significant changes to the

2 Secretary.

3 ‘‘(B) APPROVAL.—The Secretary shall ap4 prove such changes to an approved plan, unless

5 the Secretary determines that the changes will

6 not result in the State or specially qualified

7 agency meeting the requirements, or fulfilling the

8 purposes, of this part.

9 ‘‘(e) CONSOLIDATED PLAN.—A State plan submitted

10 under subsection (a) may be submitted as part of a consoli11 dated plan under section 5502.

12 ‘‘(f) SECRETARY ASSISTANCE.—The Secretary shall

13 provide technical assistance, if requested, in the develop14 ment of English language development standards and

15 English language proficiency assessments.

16 ‘‘SEC. 3326. LOCAL PLANS.

17 ‘‘(a) PLAN REQUIRED.—Each local educational agency

18 desiring a grant from the State educational agency under

19 section 3324 shall submit a plan to the State educational

20 agency at such time, in such manner, and containing such

21 information as the State educational agency may require.

22 ‘‘(b) CONTENTS.—Each plan submitted under sub23 section (a) shall—
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1 ‘‘(1) describe how the local educational agency

2 will use the grant funds to meet all performance ob3 jectives described in section 3329;

4 ‘‘(2) describe how the local educational agency

5 will hold elementary schools and secondary schools ac6 countable for—

7 ‘‘(A) meeting the performance objectives;

8 ‘‘(B) making adequate yearly progress with

9 limited English proficient students as described

10 in section 1111(b)(2); and

11 ‘‘(C) annually measuring the English lan12 guage proficiency of limited English proficient

13 students, so that such students served by the pro14 grams carried out under this part develop pro15 ficiency in English as quickly and as effectively

16 as possible, while meeting State content and stu17 dent performance standards as required by sec18 tion 1111(b)(1);

19 ‘‘(3) describe how the local educational agency

20 will promote parental and community participation

21 in programs for limited English proficient students;

22 ‘‘(4) contain an assurance that the local edu23 cational agency consulted with teachers (including

24 second language acquisition specialists), school ad25 ministrators, and parents, and, if appropriate, with
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1 education-related community groups and nonprofit

2 organizations, and institutions of higher education, in

3 developing the local educational agency plan;

4 ‘‘(5) describe how the local educational agency

5 will use the disaggregated results of the student assess6 ments required under section 1111(b)(3), and other

7 measures or indicators available to the agency, to re8 view annually the progress of each school served by

9 the agency under this part and under title I to deter10 mine whether the schools are making the adequate

11 yearly progress necessary to ensure that limited

12 English proficient students attending the schools will

13 meet the State’s proficient level of performance on the

14 State assessment described in section 1111(b)(3) with15 in 10 years after the date of enactment of the Better

16 Education for Students and Teachers Act; and

17 ‘‘(6) describe how language instruction edu18 cational programs will ensure that limited English

19 proficient students being served by the programs de20 velop English language proficiency as quickly and as

21 effectively as possible.

22 ‘‘SEC. 3327. USES OF FUNDS.

23 ‘‘(a) ADMINISTRATIVE EXPENSES.—Each local edu24 cational agency receiving grant funds under section 3324(b)

25 for a fiscal year may use, from those grant funds, not more
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1 than 1 percent of the grant funds the agency receives under

2 section 3324 for the fiscal year for the cost of administering

3 this part.

4 ‘‘(b) ACTIVITIES.—Each local educational agency re5 ceiving grant funds under section 3324(b)—

6 ‘‘(1) shall use the grant funds that are not used

7 under subsection (a)—

8 ‘‘(A) to increase limited English proficient

9 students’ proficiency in English by providing

10 high-quality language instruction educational

11 programs that are—

12 ‘‘(i) tied to scientifically based research

13 demonstrating the effectiveness of the pro14 grams in increasing English proficiency;

15 and

16 ‘‘(ii) tied to scientifically based re17 search demonstrating the effectiveness of the

18 programs in increasing student performance

19 in the core academic subjects; and

20 ‘‘(B) to provide high-quality professional

21 development activities for teachers of limited

22 English proficient students, including teachers in

23 classroom settings that are not the settings of

24 language instruction educational programs, that

25 are—
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1 ‘‘(i) designed to enhance the ability of

2 the teachers to understand and use cur3 ricula, assessment measures, and instruc4 tional strategies for limited English pro5 ficient students;

6 ‘‘(ii) tied to scientifically based re7 search demonstrating the effectiveness of

8 those activities in increasing students’

9 English proficiency or substantially in10 creasing the subject matter knowledge,

11 teaching knowledge, and teaching skills of

12 those teachers; and

13 ‘‘(iii) of sufficient intensity and dura14 tion (not to include activities such as 1-day

15 or short-term workshops and conferences) to

16 have a positive and lasting impact on the

17 teachers’ performance in the classroom, ex18 cept that this clause shall not apply to an

19 activity that is 1 component described in a

20 long-term, comprehensive professional devel21 opment plan established by a teacher and

22 the teacher’s supervisor based on an assess23 ment of the needs of the teacher, the super24 visor, the students of the teacher, and the

25 local educational agency; and
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1 ‘‘(2) may use the grant funds that are not used

2 under subsection (a) to provide parental and commu3 nity participation programs that are designed to im4 prove language instruction educational programs for

5 limited English proficient students, and to assist par6 ents to become active participants in the education of

7 their children.

8 ‘‘(c) ACTIVITIES BY AGENCIES EXPERIENCING SUB9 STANTIAL INCREASES IN IMMIGRANT CHILDREN AND

10 YOUTH.—Each local educational agency receiving grant

11 funds under section 3324(c)(1) shall use the grant funds to

12 pay for activities that provide enhanced instructional op13 portunities for such children and youth, which may

14 include—

15 ‘‘(1) family literacy, parent outreach, and train16 ing activities designed to assist parents to become ac17 tive participants in the education of their children;

18 ‘‘(2) payment of salaries of personnel, including

19 teacher aides who have been specifically trained, or

20 are being trained, to provide services to immigrant

21 children and youth;

22 ‘‘(3) provision of tutorials, mentoring, and aca23 demic or career counseling for immigrant children

24 and youth;
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1 ‘‘(4) identification and acquisition of curricular

2 materials, educational software, and technologies to be

3 used in the program carried out with the grant in4 volved;

5 ‘‘(5) basic instructional services that are directly

6 attributable to the presence in the school district in7 volved of immigrant children and youth, including

8 the payment of costs of providing additional class9 room supplies, overhead costs, costs of construction,

10 acquisition, or rental of space, costs of transportation,

11 or such other costs as are directly attributable to such

12 additional basic instructional services;

13 ‘‘(6) other instructional services that are de14 signed to assist immigrant students to achieve in ele15 mentary and secondary schools in the United States,

16 such as literacy programs, programs of introduction

17 to the educational system, and civics education; and

18 ‘‘(7) activities, coordinated with community19 based organizations, institutions of higher education,

20 private sector entities, or other entities with expertise

21 in working with immigrants, to assist parents of im22 migrant students by offering comprehensive commu23 nity social services, such as English as a second lan24 guage courses, health care, job training, child care,

25 and transportation services.
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1 ‘‘(d) SUPPLEMENT NOT SUPPLANT.—Funds appro2 priated to carry out this part shall be used to supplement

3 and not supplant other Federal, State, and local public

4 funds expended to provide services for eligible individuals.

5 ‘‘SEC. 3328. PROGRAM REQUIREMENTS.

6 ‘‘(a) PROHIBITION.—In carrying out this part, the

7 Secretary shall neither mandate nor preclude the use of a

8 particular curricular or pedagogical approach to educating

9 limited English proficient students.

10 ‘‘(b) TEACHER ENGLISH FLUENCY.—Each local edu11 cational agency receiving grant funds under section 3324

12 shall certify to the State educational agency that all teach13 ers in any language instruction educational program for

14 limited English proficient students funded under this part

15 are fluent in English and any other language used for in16 struction.

17 ‘‘SEC. 3329. PERFORMANCE OBJECTIVES.

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

19 specially qualified agency receiving a grant under this part

20 shall develop annual measurable performance objectives that

21 are research-based, and age- and developmentally appro22 priate, with respect to helping limited English proficient

23 students develop proficiency in English as quickly and as

24 effectively as possible, while meeting State content and stu25 dent performance standards as required by section
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1 1111(b)(1). For each annual measurable performance objec2 tive, the agency shall specify an incremental percentage in3 crease for the objective to be attained for each of the fiscal

4 years (after the first fiscal year) for which the agency re5 ceives a grant under this part, relative to the preceding fis6 cal year, including increases in the number of limited

7 English proficient students demonstrating an increase in

8 performance on annual assessments.

9 ‘‘(b) ACCOUNTABILITY.—

10 ‘‘(1) FOR STATES.—Each State educational

11 agency receiving a grant under this part shall be held

12 accountable for meeting the annual measurable per13 formance objectives under this part and the adequate

14 yearly progress levels for limited English proficient

15 students under section 1111(b)(2)(B). Any State edu16 cational agency that fails to meet the annual perform17 ance objectives shall be subject to sanctions under sec18 tion 6202.

19 ‘‘(2) FOR SPECIALLY QUALIFIED AGENCIES.—

20 Each specially qualified agency receiving a grant

21 under this part shall be held accountable for meeting

22 annual measurable performance objectives, be held ac23 countable for making yearly progress, and be subject

24 to sanctions, in a manner that the Secretary deter25 mines is appropriate and comparable to the manner
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1 used for State educational agencies specified in para2 graph (1).

3 ‘‘SEC. 3330. REGULATIONS AND NOTIFICATION.

4 ‘‘(a) REGULATION RULE.—In developing regulations

5 under this part, the Secretary shall consult with State edu6 cational agencies, local educational agencies, organizations

7 representing limited English proficient individuals, and or8 ganizations representing teachers and other personnel in9 volved in the education of limited English proficient stu10 dents.

11 ‘‘(b) PARENTAL NOTIFICATION.—

12 ‘‘(1) IN GENERAL.—Each local educational agen13 cy participating in a language instruction edu14 cational program under this part shall notify parents

15 of a student participating in the program of—

16 ‘‘(A) the student’s level of English pro17 ficiency, how that level was assessed, the status

18 of the student’s academic achievement, and the

19 implications of the student’s educational

20 strengths and needs for age- and grade-appro21 priate academic attainment, grade promotion,

22 and graduation;

23 ‘‘(B)(i) the programs that are available to

24 meet the student’s educational strengths and

25 needs, and how those programs differ in content
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1 and instructional goals from other language in2 struction educational programs that serve lim3 ited English proficient students; and

4 ‘‘(ii) in the case of a student with a dis5 ability who participates in the language instruc6 tion educational program, how the program

7 meets the objectives of the individualized edu8 cation program of the student;

9 ‘‘(C)(i) the instructional goals of the lan10 guage instruction educational program in which

11 the student participates, and how the program

12 will specifically help the limited English pro13 ficient student learn English and meet age-ap14 propriate standards for grade promotion and

15 graduation;

16 ‘‘(ii) the characteristics, benefits, and past

17 academic results of the language instruction edu18 cational program and of instructional alter19 natives; and

20 ‘‘(iii) the reasons the student was identified

21 as being in need of a language instruction edu22 cational program; and

23 ‘‘(D) how parents can participate and be

24 involved in the language instruction educational

25 program in order to help their children achieve.
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1 ‘‘(2) OPTION TO DECLINE.—

2 ‘‘(A) IN GENERAL.—Each parent described

3 in paragraph (1) shall also be informed that the

4 parent has the option of declining the enrollment

5 of the student in a language instruction edu6 cational program, and shall be given an oppor7 tunity to decline that enrollment if the parent so

8 chooses.

9 ‘‘(B) OBLIGATIONS.—A local educational

10 agency shall not be relieved of any of the agen11 cy’s obligations under title VI of the Civil Rights

12 Act of 1964 because a parent chooses not to en13 roll a student in a language instruction edu14 cational program.

15 ‘‘(3) RECEIPT OF INFORMATION.—A parent de16 scribed in paragraph (1) shall receive the information

17 required by this subsection in a manner and form un18 derstandable to the parent including, if necessary and

19 to the extent feasible, receiving the information in the

20 language normally used by the parent. The parent

21 shall receive—

22 ‘‘(A) timely information about programs

23 funded under this part; and

24 ‘‘(B) notice of opportunities, if applicable,

25 for regular meetings for the purpose of formu-
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1 lating and responding to recommendations from

2 parents of students assisted under this part.

3 ‘‘(4) SPECIAL RULE.—A student shall not be ad4 mitted to, or excluded from, any federally assisted

5 language instruction educational program solely on

6 the basis of a surname or language-minority status.

7 ‘‘(5) LIMITATIONS ON CONDITIONS.—Nothing in

8 this part shall be construed to authorize an officer or

9 employee of the Federal Government to mandate, di10 rect, or control a State’s, local educational agency’s,

11 elementary school’s, or secondary school’s specific

12 challenging English language development standards

13 or assessments, curriculum, or program of instruc14 tion, as a condition of eligibility to receive grant

15 funds under this part.

16 ‘‘SEC. 3331. ADMINISTRATION.

17 ‘‘(a) STATE AND LOCAL PROGRAMS.—This part shall

18 be in effect only in a fiscal year described in section

19 3003(b).

20 ‘‘(b) OTHER LAW.—In such a fiscal year—

21 ‘‘(1) parts A, C, E (other than section 3405),

22 and F shall not be in effect; and

23 ‘‘(2) section 3404 shall apply only with respect

24 to grants provided and activities carried out under

25 part B and this part.
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1 ‘‘(c) REFERENCES.—In such a fiscal year, references

2 in Federal law to part A shall be considered to be references

3 to this part.

4 ‘‘SEC. 3332. NATIONAL LEADERSHIP ACTIVITIES TO ENSURE

5 EDUCATIONAL EXCELLENCE FOR LIMITED

6 ENGLISH PROFICIENT STUDENTS.

7 ‘‘(a) IN GENERAL.—The Secretary shall use funds

8 made available under section 3323(b)(1)(D) to carry out

9 each of the activities described in subsections (b) and (c).

10 ‘‘(b) NATIONAL PROFESSIONAL DEVELOPMENT

11 PROJECT.—The Secretary shall award grants on a competi12 tive basis, for a period of not more than 5 years, to institu13 tions of higher education (in consortia with State edu14 cational agencies or local educational agencies) to provide

15 for professional development activities that will improve

16 classroom instruction for limited English proficient stu17 dents and assist educational personnel working with such

18 students to meet high professional standards, including

19 standards for certification and licensure as bilingual edu20 cation teachers. Grants awarded under this subsection may

21 be used—

22 ‘‘(1) for inservice professional development pro23 grams that serve teachers, administrators, pupil serv24 ices personnel, and other educational personnel who
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1 are either involved in, or preparing to be involved in,

2 a language instruction educational program;

3 ‘‘(2) for preservice professional development pro4 grams that will assist local schools and institutions of

5 higher education to upgrade the qualifications and

6 skills of educational personnel who are not certified or

7 licensed, especially educational paraprofessionals;

8 ‘‘(3) for the development of curricula appropriate

9 to the needs of the consortia participants involved;

10 and

11 ‘‘(4) for financial assistance and costs related to

12 tuition, fees, and books for enrolling in courses re13 quired to complete the degree involved, and meet cer14 tification or licensing requirements for bilingual edu15 cation teachers.

16 ‘‘(c) NATIONAL CLEARINGHOUSE.—The Secretary shall

17 establish and support the operation of a National Clearing18 house for Bilingual Education, which shall collect, analyze,

19 synthesize, and disseminate information about second lan20 guage acquisition programs for limited English proficient

21 students, and related programs. The National Clearing22 house shall—

23 ‘‘(1) be administered as an adjunct clearinghouse

24 of the Educational Resources Information Center
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1 Clearinghouses system supported by the Office of Edu2 cational Research and Improvement;

3 ‘‘(2) coordinate activities with Federal data and

4 information clearinghouses and entities operating

5 Federal dissemination networks and systems;

6 ‘‘(3) develop a database management and moni7 toring system for improving the operation and effec8 tiveness of federally funded language instruction edu9 cational programs;

10 ‘‘(4) disseminate information on best practices

11 related to—

12 ‘‘(A) the development of accountability sys13 tems that monitor the academic progress of lim14 ited English proficient students in language in15 struction educational programs; and

16 ‘‘(B) the development of standards and

17 English language proficiency assessments for

18 language instruction educational programs;

19 ‘‘(5) develop, maintain, and disseminate a list20 ing, by geographical area, of education professionals,

21 parents, teachers, administrators, community mem22 bers, and others, who are native speakers of languages

23 other than English, for use as a resource by local edu24 cational agencies and schools in the development and
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1 implementation of language instruction educational

2 programs; and

3 ‘‘(6) publish, on an annual basis, a list of grant

4 recipients under this section.

5 ‘‘PART E—ADMINISTRATION

6 ‘‘SEC. 3401. RELEASE TIME.

7 ‘‘The Secretary shall allow entities carrying out profes8 sional development programs funded under part A to use

9 funds provided under part A for professional release time

10 to enable individuals to participate in programs assisted

11 under part A.

12 ‘‘SEC. 3402. EDUCATION TECHNOLOGY.

13 ‘‘Funds made available under part A may be used to

14 provide for the acquisition or development of education

15 technology or instructional materials, including authentic

16 materials in languages other than English, access to and

17 participation in electronic networks for materials, training

18 and communications, and incorporation of such resources

19 in curricula and programs such as those funded under this

20 title.

21 ‘‘SEC. 3403. NOTIFICATION.

22 ‘‘The State educational agency, and when applicable,

23 the State board for postsecondary education, shall be noti24 fied within 3 working days of the date an award under

25 part A is made to an eligible entity within the State.
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1 ‘‘SEC. 3404. CONTINUED ELIGIBILITY.

2 ‘‘Entities receiving grants under this title shall remain

3 eligible for grants for subsequent activities which extend or

4 expand and do not duplicate those activities supported by

5 a previous grant under this title. In considering applica6 tions for grants under this title, the Secretary shall take

7 into consideration the applicant’s record of accomplish8 ments under previous grants under this title.

9 ‘‘SEC. 3405. COORDINATION AND REPORTING REQUIRE10 MENTS.

11 ‘‘(a) COORDINATION WITH RELATED PROGRAMS.—In

12 order to maximize Federal efforts aimed at serving the edu13 cational needs of children and youth of limited English pro14 ficiency, the Secretary shall coordinate and ensure close co15 operation with other programs serving language-minority

16 and limited English proficient students that are adminis17 tered by the Department and other agencies. The Secretary

18 shall consult with the Secretary of Labor, the Secretary of

19 Health and Human Services, the Secretary of Agriculture,

20 the Attorney General and the heads of other relevant agen21 cies to identify and eliminate barriers to appropriate co22 ordination of programs that affect language-minority and

23 limited English proficient students and their families. The

24 Secretary shall provide for continuing consultation and col25 laboration, between the Office and relevant programs oper26 ated by the Department, including programs under this
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1 title and other programs under this Act, in planning, con2 tracts, providing joint technical assistance, providing joint

3 field monitoring activities and in other relevant activities

4 to ensure effective program coordination to provide high

5 quality education opportunities to all language-minority

6 and limited English proficient students.

7 ‘‘(b) DATA.—The Secretary shall, to the extent feasible,

8 ensure that all data collected by the Department shall in9 clude the collection and reporting of data on limited

10 English proficient students.

11 ‘‘(c) PUBLICATION OF PROPOSALS.—The Secretary

12 shall publish and disseminate all requests for proposals for

13 programs funded under part A.

14 ‘‘(d) REPORT.—The Director shall prepare and, not

15 later than February 1 of every other year, shall submit to

16 the Secretary and to the Committee on Health, Education,

17 Labor, and Pensions of the Senate and to the Committee

18 on Education and the Workforce of the House of Representa19 tives a report on—

20 ‘‘(1) the activities carried out under this title

21 and the effectiveness of such activities in improving

22 the education provided to limited English proficient

23 children and youth;

24 ‘‘(2) a critical synthesis of data reported by the

25 States pursuant to section 3124;
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1 ‘‘(3) an estimate of the number of certified bilin2 gual education personnel in the field and an estimate

3 of the number of bilingual education teachers which

4 will be needed for the succeeding 5 fiscal years;

5 ‘‘(4) the major findings of research carried out

6 under this title; and

7 ‘‘(5) recommendations for further developing the

8 capacity of our Nation’s schools to educate effectively

9 limited English proficient students.

10 ‘‘PART F—GENERAL PROVISIONS

11 ‘‘SEC. 3501. DEFINITIONS.

12 ‘‘Except as otherwise provided, in this title:

13 ‘‘(1) BILINGUAL EDUCATION PROGRAM.—The

14 term ‘bilingual education program’ means an edu15 cational program for limited English proficient stu16 dents that—

17 ‘‘(A) makes instructional use of both

18 English and a student’s native language;

19 ‘‘(B) enables limited English proficient stu20 dents to achieve English proficiency and aca21 demic mastery of subject matter content and

22 higher order skills, including critical thinking, so

23 as to meet age-appropriate grade-promotion and

24 graduation standards;
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1 ‘‘(C) may also develop the native language

2 skills of limited English proficient students, or

3 ancestral language skills of American Indians

4 (within the meaning of part A of title VII), Alas5 ka Natives (as defined in section 7306), Native

6 Hawaiians (as defined in section 7207), and na7 tive residents of the outlying areas; and

8 ‘‘(D) may include the participation of

9 English proficient students if such program is

10 designed to enable all enrolled students to become

11 proficient in English and a second language.

12 ‘‘(2) CHILDREN AND YOUTH.—The term ‘children

13 and youth’ means individuals aged 3 through 21.

14 ‘‘(3) COMMUNITY-BASED ORGANIZATION.—The

15 term ‘community-based organization’ means a private

16 nonprofit organization of demonstrated effectiveness

17 or Indian tribe or tribally sanctioned educational au18 thority (as such terms are defined in section 3004)

19 that is representative of a community or significant

20 segments of a community and that provides edu21 cational or related services to individuals in the com22 munity. Such term includes Native Hawaiian organi23 zations including Native Hawaiian Educational Or24 ganizations as such term is defined in section 4009

25 of the Augustus F. Hawkins-Robert T. Stafford Ele-
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1 mentary and Secondary School Improvement Amend2 ments of 1988, as such section was in effect on the

3 day preceding the date of enactment of the Improving

4 America’s Schools Act of 1994.

5 ‘‘(4) COMMUNITY COLLEGE.—The term ‘commu6 nity college’ means an institution of higher education

7 as defined in section 101 of the Higher Education Act

8 of 1965 that provides not less than a 2-year program

9 that is acceptable for full credit toward a bachelor’s

10 degree, including institutions receiving assistance

11 under the Tribally Controlled College or University

12 Assistance Act of 1978.

13 ‘‘(5) DIRECTOR.—The term ‘Director’ means the

14 Director of the Office of Bilingual Education and Mi15 nority Languages Affairs established under section

16 209 of the Department of Education Organization

17 Act.

18 ‘‘(6) FAMILY EDUCATION PROGRAM.—

19 ‘‘(A) IN GENERAL.—The term ‘family edu20 cation program’ means a bilingual education or

21 special alternative instructional program that—

22 ‘‘(i) is designed—

23 ‘‘(I) to help limited English pro24 ficient adults and out-of-school youths
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1 achieve proficiency in the English lan2 guage; and

3 ‘‘(II) to provide instruction on

4 how parents and family members can

5 facilitate the educational achievement

6 of their children;

7 ‘‘(ii) when feasible, uses instructional

8 programs such as the models developed

9 under the Even Start Family Literacy Pro10 grams, which promote adult literacy and

11 train parents to support the educational

12 growth of their children, the Parents as

13 Teachers Program, and the Home Instruc14 tion Program for Preschool Youngsters; and

15 ‘‘(iii) gives preference to participation

16 by parents and immediate family members

17 of children attending school.

18 ‘‘(B) INSTRUCTION FOR HIGHER EDUCATION

19 AND EMPLOYMENT.—Such term may include

20 programs that provide instruction to facilitate

21 higher education and employment outcomes.

22 ‘‘(7) IMMIGRANT CHILDREN AND YOUTH.—The

23 term ‘immigrant children and youth’ means individ24 uals who—

25 ‘‘(A) are aged 3 through 21;
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1 ‘‘(B) were not born in any State; and

2 ‘‘(C) have not been attending 1 or more

3 schools in any 1 or more States for more than

4 3 full academic years.

5 ‘‘(8) LIMITED ENGLISH PROFICIENCY AND LIM6 ITED ENGLISH PROFICIENT.—The terms ‘limited

7 English proficiency’ and ‘limited English proficient’,

8 when used with reference to an individual, mean an

9 individual—

10 ‘‘(A)(i) who was not born in the United

11 States, or whose native language is a language

12 other than English, and who comes from an en13 vironment where a language other than English

14 is dominant;

15 ‘‘(ii) who is a Native American or Alaska

16 Native, or is a native resident of the outlying

17 areas, and comes from an environment where a

18 language other than English has had a signifi19 cant impact on such individual’s level of English

20 language proficiency; or

21 ‘‘(iii) who is migratory, whose native lan22 guage is a language other than English, and who

23 comes from an environment where a language

24 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 society.

7 ‘‘(9) NATIVE AMERICAN AND NATIVE AMERICAN

8 LANGUAGE.—The terms ‘Native American’ and ‘Na9 tive American language’ shall have the meanings

10 given such terms in section 103 of the Native Amer11 ican Languages Act.

12 ‘‘(10) NATIVE HAWAIIAN OR NATIVE AMERICAN

13 PACIFIC ISLANDER NATIVE LANGUAGE EDUCATIONAL

14 ORGANIZATION.—The term ‘Native Hawaiian or Na15 tive American Pacific Islander native language edu16 cational organization’ means a nonprofit organiza17 tion with a majority of its governing board and em18 ployees consisting of fluent speakers of the traditional

19 Native American languages used in the organization’s

20 educational programs and with not less than 5 years

21 successful experience in providing educational services

22 in traditional Native American languages.

23 ‘‘(11) NATIVE LANGUAGE.—The term ‘native lan24 guage’, when used with reference to an individual of

25 limited English proficiency, means the language nor-
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1 mally used by such individual, or in the case of a

2 child or youth, the language normally used by the

3 parents of the child or youth.

4 ‘‘(12) OFFICE.—The term ‘Office’ means the Of5 fice of Bilingual Education and Minority Languages

6 Affairs.

7 ‘‘(13) OTHER PROGRAMS FOR PERSONS OF LIM8 ITED ENGLISH PROFICIENCY.—The term ‘other pro9 grams for persons of limited English proficiency’

10 means any other programs administered by the Sec11 retary that serve persons of limited English pro12 ficiency.

13 ‘‘(14) PARAPROFESSIONAL.—The term ‘para14 professional’ means an individual who is employed in

15 a preschool, elementary school, or secondary school

16 under the supervision of a certified or licensed teach17 er, including individuals employed in bilingual edu18 cation, special education and migrant education.

19 ‘‘(15) SPECIAL ALTERNATIVE INSTRUCTIONAL

20 PROGRAM.—The term ‘special alternative instruc21 tional program’ means an educational program for

22 limited English proficient students that—

23 ‘‘(A) utilizes specially designed English lan24 guage curricula and services but does not use the
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1 student’s native language for instructional pur2 poses;

3 ‘‘(B) enables limited English proficient stu4 dents to achieve English proficiency and aca5 demic mastery of subject matter content and

6 higher order skills, including critical thinking, so

7 as to meet age-appropriate grade-promotion and

8 graduation standards; and

9 ‘‘(C) is particularly appropriate for schools

10 where the diversity of the limited English pro11 ficient students’ native languages and the small

12 number of students speaking each respective lan13 guage makes bilingual education impractical

14 and where there is a critical shortage of bilin15 gual education teachers.

16 ‘‘SEC. 3502. REGULATIONS AND NOTIFICATION.

17 ‘‘(a) REGULATION RULE.—In developing regulations

18 under this title, the Secretary shall consult with State edu19 cational agencies and local educational agencies, organiza20 tions representing limited English proficient individuals,

21 and organizations representing teachers and other personnel

22 involved in bilingual education.

23 ‘‘(b) PARENTAL NOTIFICATION.—
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1 ‘‘(1) IN GENERAL.—Parents of children and

2 youth participating in programs assisted under part

3 A shall be informed of—

4 ‘‘(A) a student’s level of English proficiency,

5 how such level was assessed, the status of a stu6 dent’s academic achievement, and the implica7 tions of a student’s educational strengths and

8 needs for age and grade appropriate academic

9 attainment, promotion, and graduation;

10 ‘‘(B) what programs are available to meet

11 the student’s educational strengths and needs

12 and how the programs differ in content and in13 structional goals, and in the case of a student

14 with a disability, how the program meets the ob15 jectives of a student’s individualized education

16 program; and

17 ‘‘(C) the instructional goals of the bilingual

18 education or special alternative instructional

19 program, and how the program will specifically

20 help the limited English proficient student ac21 quire English and meet age-appropriate stand22 ards for grade promotion and graduation,

23 including—

24 ‘‘(i) the benefits, nature, and past aca25 demic results of the bilingual educational
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1 program and of the instructional alter2 natives; and

3 ‘‘(ii) the reasons for the selection of

4 their child as being in need of bilingual

5 education.

6 ‘‘(2) OPTION TO DECLINE.—

7 ‘‘(A) IN GENERAL.—Such parents shall also

8 be informed that such parents have the option of

9 declining enrollment of their children and youth

10 in such programs and shall be given an oppor11 tunity to so decline if such parents so choose.

12 ‘‘(B) CIVIL RIGHTS OBLIGATIONS.—A local

13 educational agency shall not be relieved of any

14 of its obligations under title VI of the Civil

15 Rights Act of 1964 because parents choose not to

16 enroll their children in programs carried out

17 under part A.

18 ‘‘(3) RECEIPT OF INFORMATION.—Such parents

19 shall receive, in a manner and form understandable

20 to such parents, including, if necessary and to the ex21 tent feasible, in the native language of such parents,

22 the information required by this subsection. At a

23 minimum, such parents shall receive—

24 ‘‘(A) timely information about projects

25 funded under part A; and
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1 ‘‘(B) if the parents of participating children

2 so desire, notice of opportunities for regular

3 meetings for the purpose of formulating and re4 sponding to recommendations from such parents.

5 ‘‘(4) SPECIAL RULE.—Students shall not be ad6 mitted to or excluded from any federally assisted edu7 cation program merely on the basis of a surname or

8 language-minority status.’’.

9 TITLE IV—SAFE AND DRUG-FREE

10 SCHOOLS AND COMMUNITIES

11 SEC. 401. AMENDMENT TO THE ELEMENTARY AND SEC12 ONDARY EDUCATION ACT OF 1965.

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

14 as follows:

15 ‘‘TITLE IV—SAFE AND DRUG16 FREE SCHOOLS AND COMMU17 NITIES

18 ‘‘PART A—STATE GRANTS

19 ‘‘SEC. 4001. SHORT TITLE.

20 ‘‘This part may be cited as the ‘Safe and Drug-Free

21 Schools and Communities Act of 1994’.

22 ‘‘SEC. 4002. FINDINGS.

23 ‘‘Congress makes the following findings:

24 ‘‘(1) Every student should attend a school in a

25 drug- and violence-free learning environment.
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1 ‘‘(2) The widespread illegal use of alcohol and

2 drugs among the Nation’s secondary school students,

3 and increasingly by students in elementary schools as

4 well, constitutes a grave threat to such students’ phys5 ical and mental well-being, and significantly impedes

6 the learning process. For example, data show that stu7 dents who drink tend to receive lower grades and are

8 more likely to miss school because of illness than stu9 dents who do not drink.

10 ‘‘(3) Drug and violence prevention programs are

11 essential components of a comprehensive strategy to

12 promote school safety, youth development, positive

13 school outcomes, and to reduce the demand for and il14 legal use of alcohol, tobacco and drugs throughout the

15 Nation. Schools, local organizations, parents, stu16 dents, and communities throughout the Nation have a

17 special responsibility to work together to combat the

18 continuing epidemic of violence and illegal drug use

19 and should measure the success of their programs

20 against clearly defined goals and objectives.

21 ‘‘(4) Drug and violence prevention programs are

22 most effective when implemented within a scientif23 ically based research, drug and violence prevention

24 framework of proven effectiveness.
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1 ‘‘(5) Research clearly shows that community con2 texts contribute to substance abuse and violence.

3 ‘‘(6) Substance abuse and violence are intricately

4 related and must be dealt with in a holistic manner.

5 ‘‘(7) Research has documented that parental be6 havior and environment directly influence a child’s

7 inclination to use alcohol, tobacco or drugs.

8 ‘‘SEC. 4003. PURPOSE.

9 ‘‘The purpose of this part is to support programs that

10 prevent violence in and around schools and prevent the ille11 gal use of alcohol, tobacco, and drugs, involve parents, and

12 are coordinated with related Federal, State, school, and

13 community efforts and resources, through the provision of

14 Federal assistance to—

15 ‘‘(1) States for grants to local educational agen16 cies and educational service agencies and consortia of

17 such agencies to establish, operate, and improve local

18 programs of school drug and violence prevention,

19 early intervention, high quality alternative education

20 for chronically disruptive, drug-abusing, and violent

21 students that includes drug and violence prevention

22 programs, rehabilitation referral, and education in el23 ementary and secondary schools for the development

24 and implementation of policies that set clear and ap25 propriate standards regarding the illegal use of alco-
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1 hol, tobacco and drugs, and for violent behavior (in2 cluding intermediate and junior high schools);

3 ‘‘(2) States for grants to, and contracts with,

4 community-based organizations and public and pri5 vate enties for programs of drug and violence preven6 tion including community mobilization, early inter7 vention, rehabilitation referral, and education;

8 ‘‘(3) States for development, training, technical

9 assistance, and coordination activities; and

10 ‘‘(4) public and private entities to provide tech11 nical assistance, conduct training, demonstrations,

12 and evaluation, and to provide supplementary serv13 ices and community mobilization activities for the

14 prevention of drug use and violence among students

15 and youth.

16 ‘‘SEC. 4004. FUNDING.

17 ‘‘There are authorized to be appropriated—

18 ‘‘(1) $700,000,000 for fiscal year 2002, and such

19 sums as may be necessary for each of the 6 succeeding

20 fiscal years, for State grants under subpart 1;

21 ‘‘(2) $150,000,000 for fiscal year 2002, and such

22 sums as may be necessary for each of the 6 succeeding

23 fiscal years, for national programs under subpart 2;

24 ‘‘(3) $75,000,000 for fiscal year 2002, and such

25 sums as may be necessary for each of the 6 succeeding
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1 fiscal years, for the National Coordinator Initiative

2 under section 4122;

3 ‘‘(4) $5,000,000 for each of fiscal years 2002

4 through 2004 to carry out section 4125; and

5 ‘‘(5) $25,000,000 for fiscal year 2002, and such

6 sums as may be necessary for each of the 6 succeeding

7 fiscal years to carry out section 4126.

8 ‘‘Subpart 1—STATE GRANTS FOR DRUG AND

9 VIOLENCE PREVENTION PROGRAMS

10 ‘‘SEC. 4111. RESERVATIONS AND ALLOTMENTS.

11 ‘‘(a) RESERVATIONS.—From the amount made avail12 able under section 4004(1) to carry out this subpart for each

13 fiscal year, the Secretary—

14 ‘‘(1) shall reserve 1 percent of such amount for

15 grants under this subpart to Guam, American

16 Samoa, the Virgin Islands, and the Commonwealth of

17 the Northern Mariana Islands, to be allotted in ac18 cordance with the Secretary’s determination of their

19 respective needs;

20 ‘‘(2) shall reserve 1 percent of such amount for

21 the Secretary of the Interior to carry out programs

22 under this part for Indian youth;

23 ‘‘(3) may reserve not more than $2,000,000 for

24 the national impact evaluation required by section

25 4117(a); and
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1 ‘‘(4) shall reserve 0.2 percent of such amount for

2 programs for Native Hawaiians under section 4118.

3 ‘‘(b) STATE ALLOTMENTS.—

4 ‘‘(1) IN GENERAL.—Except as provided in para5 graph (2), the Secretary shall, for each fiscal year, al6 locate among the States—

7 ‘‘(A) one-half of the remainder not reserved

8 under subsection (a) according to the ratio be9 tween the school-aged population of each State

10 and the school-aged population of all the States;

11 and

12 ‘‘(B) one-half of such remainder according

13 to the ratio between the amount each State re14 ceived under section 1124A for the preceding

15 year and the sum of such amounts received by

16 all the States.

17 ‘‘(2) MINIMUM.—For any fiscal year, no State

18 shall be allotted under this subsection an amount that

19 is less than one-half of 1 percent of the total amount

20 allotted to all the States under this subsection.

21 ‘‘(3) REALLOTMENT.—The Secretary may reallot

22 any amount of any allotment to a State if the Sec23 retary determines that the State will be unable to use

24 such amount within 2 years of such allotment. Such
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1 reallotments shall be made on the same basis as allot2 ments are made under paragraph (1).

3 ‘‘(4) DEFINITIONS.—In this subsection:

4 ‘‘(A) STATE.—The term ‘State’ means each

5 of the 50 States, the District of Columbia, and

6 the Commonwealth of Puerto Rico.

7 ‘‘(B) LOCAL EDUCATIONAL AGENCY.—The

8 term ‘local educational agency’ includes edu9 cational service agencies and consortia of such

10 agencies.

11 ‘‘(c) LIMITATION.—Amounts appropriated under sec12 tion 4004(2) for a fiscal year may not be increased above

13 the amounts appropriated under such section for the pre14 vious fiscal year unless the amounts appropriated under

15 section 4004(1) for the fiscal year involved are at least 10

16 percent greater that the amounts appropriated under such

17 section 4004(1) for the previous fiscal year.

18 ‘‘SEC. 4112. STATE APPLICATIONS.

19 ‘‘(a) IN GENERAL.—In order to receive an allotment

20 under section 4111 for any fiscal year, a State shall submit

21 to the Secretary, at such time as the Secretary may require,

22 an application that—

23 ‘‘(1) contains a comprehensive plan for the use

24 of funds by the State educational agency and the chief
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1 executive officer to provide safe, orderly, and drug-free

2 schools and communities;

3 ‘‘(2) contains the results of the State’s needs as4 sessment for drug and violence prevention programs,

5 which shall be based on the results of on-going State

6 evaluation activities, including data on the incidence

7 and prevalence, age of onset, perception of health risk,

8 and perception of social disapproval of drug use and

9 violence by youth in schools and communities and the

10 prevalence of risk or protective factors, buffers or as11 sets or other scientifically based research variables in

12 the school and community;

13 ‘‘(3) contains assurances that the sections of the

14 application concerning the funds provided to the chief

15 executive officer and the State educational agency

16 were developed together, with each such officer or

17 State representative, in consultation and coordination

18 with appropriate State officials and others, including

19 the chief State school officer, the chief executive officer,

20 the head of the State alcohol and drug abuse agency,

21 the heads of the State health and mental health agen22 cies, the head of the State criminal justice planning

23 agency, the head of the State child welfare agency, the

24 head of the State board of education, or their des-
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1 ignees, and representatives of parents, students, and

2 community-based organizations;

3 ‘‘(4) contains an assurance that the State will

4 cooperate with, and assist, the Secretary in con5 ducting a national impact evaluation of programs re6 quired by section 4117(a);

7 ‘‘(5) contains assurances that the State education

8 agency and the Governor will develop their respective

9 applications in consultation with an advisory council

10 that includes, to the extent practicable, representatives

11 from school districts, businesses, parents, youth, teach12 ers, administrators, pupil services personnel, private

13 schools, appropriate State agencies, community-based

14 organizations, the medical profession, law enforce15 ment, the faith-based community and other groups

16 with interest and expertise in alcohol, tobacco, drug,

17 and violence prevention;

18 ‘‘(6) contains assurances that the State education

19 agency and the Governor involve the representatives

20 described in paragraph (5), on an ongoing basis, to

21 review program evaluations and other relevant mate22 rial and make recommendations to the State edu23 cation agency and the Governor on how to improve

24 their respective alcohol, tobacco, drug, and violence

25 prevention programs;
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1 ‘‘(7) contains a list of the State’s results-based

2 performance measures for drug and violence preven3 tion, that shall—

4 ‘‘(A) be focused on student behavior and at5 titudes and be derived from the needs assessment;

6 ‘‘(B) include targets and due dates for the

7 attainment of such performance measures; and

8 ‘‘(C) include a description of the procedures

9 that the State will use to inform local edu10 cational agencies of such performance measures

11 for assessing and publicly reporting progress to12 ward meeting such measures or revising them as

13 needed; and

14 ‘‘(8) includes any other information the Sec15 retary may require.

16 ‘‘(b) STATE EDUCATIONAL AGENCY FUNDS.—A State’s

17 application under this section shall also contain a com18 prehensive plan for the use of funds under section 4113(a)

19 by the State educational agency that includes—

20 ‘‘(1) a plan for monitoring the implementation

21 of, and providing technical assistance regarding, the

22 drug and violence prevention programs conducted by

23 local educational agencies in accordance with section

24 4116;
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1 ‘‘(2) a description of how the State educational

2 agency will use funds under section 4113(b), includ3 ing how the agency will receive input from parents

4 regarding the use of such funds;

5 ‘‘(3) a description of how the State educational

6 agency will coordinate such agency’s activities under

7 this subpart with the chief executive officer’s drug and

8 violence prevention programs under this subpart and

9 with the prevention efforts of other State agencies;

10 and

11 ‘‘(4) a description of the procedures the State

12 educational agency will use to review applications

13 from and allocate funding to local educational agen14 cies under section 4115 and how such review will re15 ceive input from parents.

16 ‘‘(c) GOVERNOR’S FUNDS.—A State’s application

17 under this section shall also contain a comprehensive plan

18 for the use of funds under section 4114(a) by the chief execu19 tive officer that includes, with respect to each activity to

20 be carried out by the State—

21 ‘‘(1) a description of how the chief executive offi22 cer will coordinate such officer’s activities under this

23 part with the State educational agency and other

24 State agencies and organizations involved with drug

25 and violence prevention efforts;
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1 ‘‘(2) a description of how funds reserved under

2 section 4114(a) will be used so as not to duplicate the

3 efforts of the State educational agency and local edu4 cational agencies with regard to the provision of

5 school-based prevention efforts and services and how

6 those funds will be used to serve populations not nor7 mally served by the State educational agency, such as

8 school dropouts, suspended and expelled students, and

9 youth in detention centers;

10 ‘‘(3) a description of how the chief executive offi11 cer will award funds under section 4114(a) and a

12 plan for monitoring the performance of, and pro13 viding technical assistance to, recipients of such

14 funds;

15 ‘‘(4) a description of the special outreach activi16 ties that will be carried out to maximize the partici17 pation of community-based nonprofit organizations of

18 demonstrated effectiveness which provide services in

19 low-income communities, such as mentoring pro20 grams;

21 ‘‘(5) a description of how funds will be used to

22 support community-wide comprehensive drug and vi23 olence prevention planning and community mobiliza24 tion activities; and
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1 ‘‘(6) a specific description of how input from

2 parents will be sought regarding the use of funds

3 under section 4114(a).

4 ‘‘(d) PEER REVIEW.—The Secretary shall use a peer

5 review process in reviewing State applications under this

6 section.

7 ‘‘(e) INTERIM APPLICATION.—Notwithstanding any

8 other provisions of this section, a State may submit for fis9 cal year 2002 a 1-year interim application and plan for

10 the use of funds under this subpart that are consistent with

11 the requirements of this section and contain such informa12 tion as the Secretary may specify in regulations. The pur13 pose of such interim application and plan shall be to afford

14 the State the opportunity to fully develop and review such

15 State’s application and comprehensive plan otherwise re16 quired by this section. A State may not receive a grant

17 under this subpart for a fiscal year subsequent to fiscal year

18 2002 unless the Secretary has approved such State’s appli19 cation and comprehensive plan in accordance with this sub20 part.

21 ‘‘SEC. 4113. STATE AND LOCAL EDUCATIONAL AGENCY PRO22 GRAMS.

23 ‘‘(a) USE OF FUNDS.—An amount equal to 80 percent

24 of the total amount allocated to a State under section 4111

25 for each fiscal year shall be used by the State educational
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1 agency and its local educational agencies for drug and vio2 lence prevention activities in accordance with this section.

3 ‘‘(b) STATE LEVEL PROGRAMS.—

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

5 shall use not more than 5 percent of the amount

6 available under subsection (a) for activities such as—

7 ‘‘(A) voluntary training and technical as8 sistance concerning drug and violence prevention

9 for local educational agencies and educational

10 service agencies, including teachers, administra11 tors, coaches and athletic directors, other staff,

12 parents, students, community leaders, health

13 service providers, mentoring providers, local law

14 enforcement officials, and judicial officials;

15 ‘‘(B) the development, identification, dis16 semination, and evaluation of the most readily

17 available, accurate, and up-to-date drug and vio18 lence prevention curriculum materials (including

19 videotapes, software, and other technology-based

20 learning resources), for consideration by local

21 educational agencies;

22 ‘‘(C) making available to local educational

23 agencies cost effective scientifically based re24 search programs for youth violence and drug

25 abuse prevention;
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1 ‘‘(D) demonstration projects in drug and vi2 olence prevention, including service-learning

3 projects and mentoring programs;

4 ‘‘(E) training, technical assistance, and

5 demonstration projects to address violence associ6 ated with prejudice and intolerance;

7 ‘‘(F) training, technical assistance and

8 demonstration projects to address the impact of

9 family violence on school violence and substance

10 abuse;

11 ‘‘(G) financial assistance to enhance re12 sources available for drug and violence preven13 tion in areas serving large numbers of economi14 cally disadvantaged children or sparsely popu15 lated areas, or to meet other special needs con16 sistent with the purposes of this subpart;

17 ‘‘(H) the evaluation of activities carried out

18 within the State under this part; and

19 ‘‘(I) alternative programs for the education

20 and discipline of chronically violent and disrup21 tive students as it relates to drug and violence

22 prevention.

23 ‘‘(2) SPECIAL RULE.—A State educational agen24 cy may carry out activities under this subsection di25 rectly, or through grants or contracts.
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1 ‘‘(c) STATE ADMINISTRATION.—

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

3 may use not more than 5 percent of the amount re4 served under subsection (a) for the administrative

5 costs of carrying out its responsibilities under this

6 part.

7 ‘‘(2) UNIFORM MANAGEMENT INFORMATION AND

8 REPORTING SYSTEM.—In carrying out its responsibil9 ities under this part, a State shall implement a uni10 form management information and reporting system

11 that includes information on the types of curricula,

12 programs and services provided by the State, Gov13 ernor, local education agencies, and other recipients of

14 funds under this title.

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

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

17 shall distribute not less than 91 percent of the amount

18 made available under subsection (a) for each fiscal

19 year to local educational agencies in accordance with

20 this subsection.

21 ‘‘(2) DISTRIBUTION.—A State educational agen22 cy shall distribute amounts under paragraph (1) in

23 accordance with any one of the following subpara24 graphs:
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1 ‘‘(A) ENROLLMENT AND COMBINATION AP2 PROACH.—Of the amount distributed under

3 paragraph (1), a State educational agency shall

4 distribute—

5 ‘‘(i) at least 70 percent of such amount

6 to local educational agencies, based on the

7 relative enrollments in public and private

8 nonprofit elementary and secondary schools

9 within the boundaries of such agencies; and

10 ‘‘(ii) not to exceed 30 percent of any

11 amounts remaining after amounts are dis12 tributed under clause (i)—

13 ‘‘(I) to each local educational

14 agency in an amount determined ap15 propriate by the State educational

16 agency; or

17 ‘‘(II) to local educational agencies

18 that the State education agency deter19 mines have the greatest need for addi20 tional funds to carry out drug and vio21 lence prevention programs authorized

22 by this subpart.

23 ‘‘(B) COMPETITIVE AND NEED APPROACH.—

24 Of the amount distributed under paragraph (1),

25 a State educational agency shall distribute—
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1 ‘‘(i) not to exceed 70 percent of such

2 amount to local educational agencies that

3 the State agency determines, through a com4 petitive process, have the greatest need for

5 funds to carry out drug and violence pre6 vention programs based on criteria estab7 lished by the State agency and authorized

8 under this subpart; and

9 ‘‘(ii) at least 30 percent of any

10 amounts remaining after amounts are dis11 tributed under clause (i) to local edu12 cational agencies that the State agency de13 termines have a need for additional funds to

14 carry out the program authorized under

15 this subpart.

16 ‘‘(3) CONSIDERATION OF OBJECTIVE DATA.—For

17 purposes of paragraph (2), in determining which

18 local educational agencies have the greatest need for

19 funds, the State educational agency shall consider ob20 jective data which may include—

21 ‘‘(A) high or increasing rates of alcohol or

22 drug use among youth;

23 ‘‘(B) high or increasing rates of victimiza24 tion of youth by violence and crime;
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1 ‘‘(C) high or increasing rates of arrests and

2 convictions of youth for violent or drug- or alco3 hol-related crime;

4 ‘‘(D) the extent of illegal gang activity;

5 ‘‘(E) high or increasing incidence of vio6 lence associated with prejudice and intolerance;

7 ‘‘(F) high or increasing rates of referrals of

8 youths to drug and alcohol abuse treatment and

9 rehabilitation programs;

10 ‘‘(G) high or increasing rates of referrals of

11 youths to juvenile court;

12 ‘‘(H) high or increasing rates of expulsions

13 and suspensions of students from schools;

14 ‘‘(I) high or increasing rates of reported

15 cases of child abuse and domestic violence; and

16 ‘‘(J) high or increasing rates of drug related

17 emergencies or deaths.

18 ‘‘(e) REALLOCATION OF FUNDS.—If a local edu19 cational agency chooses not to apply to receive the amount

20 allocated to such agency under subsection (d), or if such

21 agency’s application under section 4115 is disapproved by

22 the State educational agency, the State educational agency

23 shall reallocate such amount to one or more of its other local

24 educational agencies.
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1 ‘‘(f) RETURN OF FUNDS TO STATE EDUCATIONAL

2 AGENCY; REALLOCATION.—

3 ‘‘(1) RETURN.—Except as provided in para4 graph (2), upon the expiration of the 1-year period

5 beginning on the date that a local educational agency

6 or educational service agency under this title receives

7 its allocation under this title—

8 ‘‘(A) such agency shall return to the State

9 educational agency any funds from such alloca10 tion that remain unobligated; and

11 ‘‘(B) the State educational agency shall re12 allocate any such amount to local educational

13 agencies or educational service agencies that have

14 plans for using such amount for programs or ac15 tivities on a timely basis.

16 ‘‘(2) REALLOCATION.—In any fiscal year, a local

17 educational agency, may retain for obligation in the

18 succeeding fiscal year—

19 ‘‘(A) an amount equal to not more than 25

20 percent of the allocation it receives under this

21 title for such fiscal year; or

22 ‘‘(B) upon a demonstration of good cause by

23 such agency or consortium, a greater amount ap24 proved by the State educational agency.
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1 ‘‘SEC. 4114. GOVERNOR’S PROGRAMS.

2 ‘‘(a) USE OF FUNDS.—

3 ‘‘(1) IN GENERAL.—An amount equal to 20 per4 cent of the total amount allocated to a State under

5 section 4111(b)(1) for each fiscal year shall be used by

6 the chief executive officer of such State for drug and

7 violence prevention programs and activities in ac8 cordance with this section.

9 ‘‘(2) ADMINISTRATIVE COSTS.—A chief executive

10 officer may use not more than 5 percent of the 20 per11 cent described in paragraph (1) for the administra12 tive costs incurred in carrying out the duties of such

13 officer under this section. The chief executive officer of

14 a State may use amounts under this paragraph to

15 award grants to State, county, or local law enforce16 ment agencies, including district attorneys, in con17 sultation with local education agencies or community18 based agencies, for the purposes of carrying out drug

19 abuse and violence prevention activities.

20 ‘‘(b) STATE PLAN.—Amounts shall be used under this

21 section in accordance with a State plan submitted by the

22 chief executive office of the State. Such State plan shall

23 contain—

24 ‘‘(1) an objective analysis of the current use (and

25 consequences of such use) of alcohol, tobacco, and con26 trolled, illegal, addictive or harmful substances as well
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1 as the violence, safety, and discipline problems among

2 students who attend schools in the State (including

3 private school students who participate in the States’s

4 drug and violence prevention programs) that is based

5 on ongoing local assessment or evaluation activities

6 including administrative incident reports, anonymous

7 surveys of students or teachers, and focus groups;

8 ‘‘(2) an analysis, based on data reasonably

9 available at the time, of the prevalence of risk factors,

10 including high or increasing rates of reported cases of

11 child abuse and domestic violence, or protective fac12 tors, buffers or assets or other scientifically based re13 search variables in schools and communities in the

14 State;

15 ‘‘(3) a description of the scientifically based re16 search strategies and programs, which shall be used to

17 prevent or reduce drug use, violence, or disruptive be18 havior, which shall include—

19 ‘‘(A) a specification of the objectively meas20 urable goals, objectives, and activities for the

21 program;

22 ‘‘(B) a specification for how risk factors, if

23 any, which have been identified will be targeted

24 through scientifically based research programs;

25 and
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1 ‘‘(C) a specification for how protective fac2 tors, buffers, or assets, if any, will be targeted

3 through scientifically based research programs;

4 ‘‘(4) a specification for the method or methods by

5 which measurements of program goals will be

6 achieved; and

7 ‘‘(5) a specification for how the evaluation of the

8 effectiveness of the prevention program will be as9 sessed and how the results will be used to refine, im10 prove, and strengthen the program.

11 ‘‘(c) PROGRAMS AUTHORIZED.—

12 ‘‘(1) IN GENERAL.—A chief executive officer shall

13 use funds made available under subsection (a)(1) di14 rectly for grants to or contracts with parent groups,

15 schools, community action and job training agencies,

16 community-based organizations, community anti17 drug coalitions, law enforcement education partner18 ships, and public and private entities and consortia

19 thereof. In making such grants and contracts, a chief

20 executive officer shall give priority to programs and

21 activities described in subsection (d) for—

22 ‘‘(A) children and youth who are not nor23 mally served by State or local educational agen24 cies; or
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1 ‘‘(B) populations that need special services

2 or additional resources (such as preschoolers,

3 youth in juvenile detention facilities, runaway or

4 homeless children and youth, pregnant and par5 enting teenagers, and school dropouts).

6 ‘‘(2) PEER REVIEW.—Grants or contracts award7 ed under this subsection shall be subject to a peer re8 view process.

9 ‘‘(d) AUTHORIZED ACTIVITIES.—Grants and contracts

10 under subsection (c) shall be used to carry out the com11 prehensive State plan as required under section 4112(a)(1)

12 through programs and activities such as—

13 ‘‘(1) disseminating information about drug and

14 violence prevention;

15 ‘‘(2) the voluntary training of parents, law en16 forcement officials, judicial officials, social service

17 providers, health service providers and community

18 leaders about drug and violence prevention, health

19 education (as it relates to drug and violence preven20 tion), domestic violence and child abuse education (as

21 it relates to drug and violence prevention), early

22 intervention, pupil services, or rehabilitation referral;

23 ‘‘(3) developing and implementing comprehen24 sive, community-based drug and violence prevention

25 programs that link community resources with schools
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1 and integrate services involving education, vocational

2 and job skills training and placement, law enforce3 ment, health, mental health, family violence preven4 tion, community service, service-learning, mentoring,

5 and other appropriate services;

6 ‘‘(4) planning and implementing drug and vio7 lence prevention activities that coordinate the efforts

8 of State agencies with efforts of the State educational

9 agency and its local educational agencies;

10 ‘‘(5) activities to protect students traveling to

11 and from school;

12 ‘‘(6) before-and-after school recreational, instruc13 tional, cultural, and artistic programs that encourage

14 drug- and violence-free lifestyles;

15 ‘‘(7) activities that promote the awareness of and

16 sensitivity to alternatives to violence through courses

17 of study that include related issues of intolerance and

18 hatred in history;

19 ‘‘(8) developing and implementing activities to

20 prevent and reduce violence associated with prejudice

21 and intolerance;

22 ‘‘(9) developing and implementing activities to

23 prevent and reduce dating violence;

24 ‘‘(10) developing and implementing strategies to

25 prevent illegal gang activity;
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1 ‘‘(11) coordinating and conducting school and

2 community-wide violence and safety and drug abuse

3 assessments and surveys;

4 ‘‘(12) service-learning projects that encourage

5 drug- and violence-free lifestyles;

6 ‘‘(13) evaluating programs and activities as7 sisted under this section;

8 ‘‘(14) developing and implementing community

9 mobilization activities to undertake environmental

10 change strategies related to substance abuse and vio11 lence;

12 ‘‘(15) developing, establishing, or improving al13 ternative educational opportunities for chronically

14 disruptive, drug-abusing, and violent students that

15 are designed to promote drug and violence prevention,

16 reduce disruptive behavior, to reduce the need for re17 peat suspensions and expulsions, to enable students to

18 meet challenging State academic standards, and to

19 enable students to return to the regular classroom as

20 soon as possible;

21 ‘‘(16) training teachers, pupil services personnel,

22 and other appropriate school staff on effective strate23 gies for dealing with chronically disruptive, drug24 abusing, and violent students;
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1 ‘‘(17) partnerships between local law enforcement

2 agencies, including district attorneys, and local edu3 cation agencies or community-based agencies; and

4 ‘‘(18) alternative programs for the education and

5 discipline of chronically violent and disruptive stu6 dents as it relates to drug and violence prevention.

7 ‘‘SEC. 4115. LOCAL APPLICATIONS.

8 ‘‘(a) APPLICATION REQUIRED.—

9 ‘‘(1) IN GENERAL.—In order to be eligible to re10 ceive a distribution under section 4113(d) for any fis11 cal year, a local educational agency shall submit, at

12 such time as the State educational agency requires,

13 an application to the State educational agency for

14 approval. Such an application shall be amended, as

15 necessary, to reflect changes in the local educational

16 agency’s program.

17 ‘‘(2) DEVELOPMENT.—

18 ‘‘(A) CONSULTATION.—A local educational

19 agency shall develop its application under sub20 section (a)(1) in consultation with a local or

21 substate regional advisory council that includes,

22 to the extent possible, representatives of local gov23 ernment, business, parents, students, teachers,

24 pupil services personnel, appropriate State agen25 cies, private schools, the medical profession, law
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1 enforcement, community-based organizations,

2 and other groups with interest and expertise in

3 drug and violence prevention.

4 ‘‘(B) DUTIES OF ADVISORY COUNCIL.—In

5 addition to assisting the local educational agency

6 to develop an application under this section, the

7 advisory council established or designated under

8 subparagraph (A) shall, on an ongoing basis—

9 ‘‘(i) disseminate information about sci10 entifically based research drug and violence

11 prevention programs, projects, and activi12 ties conducted within the boundaries of the

13 local educational agency;

14 ‘‘(ii) advise the local educational agen15 cy regarding how best to coordinate such

16 agency’s activities under this subpart with

17 other related programs, projects, and activi18 ties;

19 ‘‘(iii) ensure that a mechanism is in

20 place to enable local educational agencies to

21 have access to up-to-date information con22 cerning the agencies that administer related

23 programs, projects, and activities and any

24 changes in the law that alter the duties of

25 the local educational agencies with respect
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1 to activities conducted under this subpart;

2 and

3 ‘‘(iv) review program evaluations and

4 other relevant material and make rec5 ommendations on an active and ongoing

6 basis to the local educational agency on how

7 to improve such agency’s drug and violence

8 prevention programs.

9 ‘‘(b) CONTENTS OF APPLICATIONS.—An application

10 under this section shall contain—

11 ‘‘(1) an objective analysis of the current use (and

12 consequences of such use) of alcohol, tobacco, and con13 trolled, illegal, addictive or harmful substances as well

14 as the violence, safety, and discipline problems among

15 students who attend the schools of the applicant (in16 cluding private school students who participate in the

17 applicant’s drug and violence prevention program)

18 that is based on ongoing local assessment or evalua19 tion activities;

20 ‘‘(2) an analysis, based on data reasonably

21 available at the time, of the prevalence of risk factors,

22 including high or increasing rates of reported cases of

23 child abuse and domestic violence, or protective fac24 tors, buffers or assets or other scientifically based re25 search variables in the school and community;
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1 ‘‘(3) a description of the scientifically based re2 search strategies and programs, which shall be used to

3 prevent or reduce drug use, violence, or disruptive be4 havior, which shall include—

5 ‘‘(A) a specification of the objectively meas6 urable goals, objectives, and activities for the

7 program, which shall include—

8 ‘‘(i) reductions in the use of alcohol, to9 bacco, and illicit drugs and violence by

10 youth;

11 ‘‘(ii) specific reductions in the preva12 lence of identified risk factors;

13 ‘‘(iii) specific increases in the preva14 lence of protective factors, buffers, or assets

15 if any have been identified; or

16 ‘‘(iv) other scientifically based research

17 goals, objectives, and activities that are

18 identified as part of the application that

19 are not otherwise covered under clauses (i)

20 through (iii);

21 ‘‘(B) a specification for how risk factors, if

22 any, which have been identified will be targeted

23 through scientifically based research programs;

24 and
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1 ‘‘(C) a specification for how protective fac2 tors, buffers, or assets, if any, will be targeted

3 through scientifically based research programs;

4 ‘‘(4) a specification for the method or methods by

5 which measurements of program goals will be

6 achieved;

7 ‘‘(5) a specification for how the evaluation of the

8 effectiveness of the prevention program will be as9 sessed and how the results will be used to refine, im10 prove, and strengthen the program;

11 ‘‘(6) an assurance that the applicant has, or the

12 schools to be served have, a plan for keeping schools

13 safe and drug-free that includes—

14 ‘‘(A) appropriate and effective discipline

15 policies that prohibit disorderly conduct, the pos16 session of firearms and other weapons, and the

17 illegal use, possession, distribution, and sale of

18 tobacco, alcohol, and other drugs by students;

19 ‘‘(B) security procedures at school and while

20 students are on the way to and from school;

21 ‘‘(C) prevention activities that are designed

22 to create and maintain safe, disciplined, and

23 drug-free environments; and
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1 ‘‘(D) a crisis management plan for respond2 ing to violent or traumatic incidents on school

3 grounds; and

4 ‘‘(7) such other information and assurances as

5 the State educational agency may reasonably require.

6 ‘‘(c) REVIEW OF APPLICATION.—

7 ‘‘(1) IN GENERAL.—In reviewing local applica8 tions under this section, a State educational agency

9 shall use a peer review process or other methods of as10 suring the quality of such applications.

11 ‘‘(2) CONSIDERATIONS.—

12 ‘‘(A) IN GENERAL.—In determining whether

13 to approve the application of a local educational

14 agency under this section, a State educational

15 agency shall consider the quality of the local edu16 cational agency’s comprehensive plan under sub17 section (b)(6) and the extent to which the pro18 posed plan provides a thorough assessment of the

19 substance abuse and violence problem, uses objec20 tive data and the knowledge of a wide range of

21 community members, develops measurable goals

22 and objectives, and implements scientifically

23 based research programs that have been shown to

24 be effective and meet identified needs.
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1 ‘‘(B) DISAPPROVAL.—A State educational

2 agency may disapprove a local educational agen3 cy application under this section in whole or in

4 part and may withhold, limit, or place restric5 tions on the use of funds allotted to such a local

6 educational agency in a manner the State edu7 cational agency determines will best promote the

8 purposes of this part, except that a local edu9 cational agency shall be afforded an opportunity

10 to appeal any such disapproval.

11 ‘‘SEC. 4116. LOCAL DRUG AND VIOLENCE PREVENTION PRO12 GRAMS.

13 ‘‘(a) PROGRAM REQUIREMENTS.—A local educational

14 agency shall use funds received under this subpart to adopt

15 and carry out a comprehensive drug and violence preven16 tion program which shall—

17 ‘‘(1) be designed, for all students and school em18 ployees, to—

19 ‘‘(A) prevent the use, possession, and dis20 tribution of tobacco, alcohol, and illegal drugs by

21 students and to prevent the illegal use, posses22 sion, and distribution of such substances by

23 school employees;

24 ‘‘(B) prevent violence and promote school

25 safety; and
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1 ‘‘(C) create a disciplined environment con2 ducive to learning;

3 ‘‘(2) include activities to promote the involve4 ment of parents and coordination with community

5 groups and agencies, including the distribution of in6 formation about the local educational agency’s needs,

7 goals, and programs under this subpart;

8 ‘‘(3) implement activities which shall include—

9 ‘‘(A) a thorough assessment of the substance

10 abuse and violence problems, using objective data

11 and the knowledge of a wide range of community

12 members;

13 ‘‘(B) the development of measurable goals

14 and objectives;

15 ‘‘(C) the implementation of scientifically

16 based research programs that have been shown to

17 be effective and meet identified goals; and

18 ‘‘(D) an evaluation of program activities;

19 and

20 ‘‘(4) implement prevention programming activi21 ties within the context of a scientifically based re22 search prevention framework.

23 ‘‘(b) USE OF FUNDS.—A comprehensive, age-appro24 priate, developmentally-, and scientifically based research
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1 drug and violence prevention program carried out under

2 this subpart may include—

3 ‘‘(1) drug or violence prevention and education

4 programs for all students, from the preschool level

5 through grade 12, that address the legal, social, per6 sonal and health consequences of the use of illegal

7 drugs or violence, promote a sense of individual re8 sponsibility, and provide information about effective

9 techniques for resisting peer pressure to use illegal

10 drugs;

11 ‘‘(2) programs of drug or violence prevention,

12 health education (as it relates to drug and violence

13 prevention), domestic violence and child abuse edu14 cation (as it relates to drug and violence prevention),

15 early intervention, pupil services, mentoring, or reha16 bilitation referral, which emphasize students’ sense of

17 individual responsibility and which may include—

18 ‘‘(A) the dissemination of information about

19 drug or violence prevention;

20 ‘‘(B) the professional development or vol21 untary training of school personnel, parents, stu22 dents, law enforcement officials, judicial officials,

23 health service providers and community leaders

24 in prevention, education, early intervention,
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1 pupil services, mentoring or rehabilitation refer2 ral; and

3 ‘‘(C) the implementation of strategies, in4 cluding strategies to integrate the delivery of

5 services from a variety of providers, to combat il6 legal alcohol, tobacco and drug use, and violence

7 such as—

8 ‘‘(i) family counseling; and

9 ‘‘(ii) activities, such as community

10 service and service-learning projects, that

11 are designed to increase students’ sense of

12 community;

13 ‘‘(3) age-appropriate, developmentally based vio14 lence prevention and education programs for all stu15 dents, from the preschool level through grade 12, that

16 address the legal, health, personal, and social con17 sequences of violent and disruptive behavior, includ18 ing sexual harassment and abuse, domestic violence

19 and child abuse, and victimization associated with

20 prejudice and intolerance, and that include activities

21 designed to help students develop a sense of individual

22 responsibility and respect for the rights of others, and

23 to resolve conflicts without violence, or otherwise de24 crease the prevalence of risk factors or increase the
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1 prevalence of protective factors, buffers, or assets in

2 the community;

3 ‘‘(4) violence prevention programs for school-aged

4 youth, which emphasize students’ sense of individual

5 responsibility and may include—

6 ‘‘(A) the dissemination of information about

7 school safety and discipline;

8 ‘‘(B) the professional development or vol9 untary training of school personnel, parents, stu10 dents, law enforcement officials, judicial officials,

11 and community leaders in designing and imple12 menting strategies to prevent school violence;

13 ‘‘(C) the implementation of strategies, such

14 as conflict resolution and peer mediation, stu15 dent outreach efforts against violence, anti-crime

16 youth councils (which work with school and com17 munity-based organizations to discuss and de18 velop crime prevention strategies), and the use of

19 mentoring programs, to combat school violence

20 and other forms of disruptive behavior, such as

21 sexual harassment and abuse; and

22 ‘‘(D) the development and implementation

23 of character education programs, as a component

24 of a comprehensive drug or violence prevention
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1 program, that are tailored by communities, par2 ents and schools;

3 ‘‘(E) alternative programs for the education

4 and discipline of chronically violent and disrup5 tive students as it relates to drug and violence

6 prevention; and

7 ‘‘(F) comprehensive, community-wide strat8 egies to prevent or reduce illegal gang activities

9 and drug use;

10 ‘‘(5) supporting ‘safe zones of passage’ for stu11 dents between home and school through such measures

12 as Drug- and Weapon-Free School Zones, enhanced

13 law enforcement, and neighborhood patrols;

14 ‘‘(6) administrative approaches to promote

15 school safety, including professional development for

16 principals and administrators to promote effectiveness

17 and innovation, implementing a school disciplinary

18 code, and effective communication of the school dis19 ciplinary code to both students and parents at the be20 ginning of the school year;

21 ‘‘(7) the acquisition or hiring of school security

22 equipment, technologies, personnel, or services such

23 as—

24 ‘‘(A) metal detectors;

25 ‘‘(B) electronic locks;
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1 ‘‘(C) surveillance cameras; and

2 ‘‘(D) other drug and violence prevention-re3 lated equipment and technologies;

4 ‘‘(8) professional development for teachers and

5 other staff and curricula that promote the awareness

6 of and sensitivity to alternatives to violence through

7 courses of study that include related issues of intoler8 ance and hatred in history;

9 ‘‘(9) the promotion of before-and-after school rec10 reational, instructional, cultural, and artistic pro11 grams in supervised community settings;

12 ‘‘(10) other scientifically based research preven13 tion programming that is—

14 ‘‘(A) effective in reducing the prevalence of

15 alcohol, tobacco or drug use, and violence in

16 youth;

17 ‘‘(B) effective in reducing the prevalence of

18 risk factors predictive of increased alcohol, to19 bacco or drug use, and violence; or

20 ‘‘(C) effective in increasing the prevalence of

21 protective factors, buffers, and assets predictive

22 of decreased alcohol, tobacco or drug use and vio23 lence among youth;

24 ‘‘(11) the collection of objective data used to as25 sess program needs, program implementation, or pro-
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1 gram success in achieving program goals and objec2 tives;

3 ‘‘(12) community involvement activities includ4 ing community mobilization;

5 ‘‘(13) voluntary parental involvement and train6 ing;

7 ‘‘(14) the evaluation of any of the activities au8 thorized under this subsection;

9 ‘‘(15) the provision of mental health counseling

10 (by qualified counselors) to students for drug or vio11 lence related problems;

12 ‘‘(16) the provision of educational supports, serv13 ices, and programs, including drug and violence pre14 vention and intervention programs, using trained

15 and qualified staff, for students who have been sus16 pended or expelled so such students make continuing

17 progress toward meeting the State’s challenging aca18 demic standards and to enable students to return to

19 the regular classroom as soon as possible;

20 ‘‘(17) training teachers, pupil services personnel,

21 and other appropriate school staff on effective strate22 gies for dealing with disruptive students;

23 ‘‘(18) consistent with the fourth amendment to

24 the Constitution of the United States, the testing of a

25 student for illegal drug use or inspecting a student’s
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1 locker for guns, explosives, other weapons, or illegal

2 drugs, including at the request of or with the consent

3 of a parent or legal guardian of the student, if the

4 local educational agency elects to so test or inspect;

5 and

6 ‘‘(19) the conduct of a nationwide background

7 check of each local educational agency employee (re8 gardless of when hired) and prospective employees for

9 the purpose of determining whether the employee or

10 prospective employee has been convicted of a crime

11 that bears upon the employee’s or prospective employ12 ee’s fitness—

13 ‘‘(A) to have responsibility for the safety or

14 well-being of children;

15 ‘‘(B) to serve in the particular capacity in

16 which the employee or prospective employee is or

17 will be employed; or

18 ‘‘(C) to otherwise be employed at all by the

19 local educational agency.

20 ‘‘(c) LIMITATIONS.—

21 ‘‘(1) IN GENERAL.—Not more than 20 percent of

22 the funds made available to a local educational agen23 cy under this subpart may be used to carry out the

24 activities described in paragraphs (5) and (6) of sub25 section (b).
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1 ‘‘(2) SPECIAL RULE.—A local educational agency

2 shall only use funds received under this subpart for

3 activities described in paragraphs (5) and (6) of sub4 section (b) if funding for such activities is not re5 ceived from other Federal agencies.

6 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec7 tion shall be construed to prohibit the use of funds under

8 this part by any local educational agency or school for the

9 establishment or implementation of a school uniform policy

10 so long as such policy is part of the overall comprehensive

11 drug and violence prevention plan of the State involved and

12 is supported by the State’s needs assessment and other sci13 entifically based research information.

14 ‘‘SEC. 4117. EVALUATION AND REPORTING.

15 ‘‘(a) IMPACT EVALUATION.—

16 ‘‘(1) BIENNIAL EVALUATION.—The Secretary, in

17 consultation with the National Advisory Committee,

18 shall conduct an independent biennial evaluation of

19 the impact of programs assisted under this subpart

20 and of other recent and new initiatives to combat vio21 lence in schools. The evaluation shall report on—

22 ‘‘(A) whether funded community and local

23 education agency programs—

24 ‘‘(i) provided a thorough assessment of

25 the substance abuse and violence problem;
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1 ‘‘(ii) used objective data and the

2 knowledge of a wide range of community

3 members;

4 ‘‘(iii) developed measurable goals and

5 objectives;

6 ‘‘(iv) implemented scientifically based

7 research programs that have been shown to

8 be effective and meet identified needs; and

9 ‘‘(v) conducted periodic program eval10 uations to assess progress made towards

11 achieving program goals and objectives and

12 whether they used evaluations to improve

13 program goals, objectives and activities;

14 ‘‘(B) whether funded community and local

15 education agency programs have been designed

16 and implemented in a manner that specifically

17 targets, if relevant to the program—

18 ‘‘(i) scientifically based research vari19 ables that are predictive of drug use or vio20 lence;

21 ‘‘(ii) risk factors that are predictive of

22 an increased likelihood that young people

23 will use drugs, alcohol or tobacco or engage

24 in violence or drop out of school; or
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1 ‘‘(iii) protective factors, buffers, or as2 sets that are known to protect children and

3 youth from exposure to risk, either by re4 ducing the exposure to risk factors or by

5 changing the way the young person re6 sponds to risk, and to increase the likelihood

7 of positive youth development;

8 ‘‘(C) whether funded community and local

9 education agency programs have appreciably re10 duced the level of drug, alcohol and tobacco use

11 and school violence and the presence of firearms

12 at schools; and

13 ‘‘(D) whether funded community and local

14 educational agency programs have conducted ef15 fective parent involvement and voluntary train16 ing programs.

17 ‘‘(2) DATA COLLECTION.—The National Center

18 for Education Statistics shall collect data, that is sub19 ject to independent review, to determine the incidence

20 and prevalence of drug use and violence in elemen21 tary and secondary schools in the States. The collected

22 data shall include incident reports by schools officials,

23 anonymous student surveys, and anonymous teacher

24 surveys.
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1 ‘‘(3) BIENNIAL REPORT.—Not later than Janu2 ary 1, 2003, and every 2 years thereafter, the Sec3 retary shall submit to the President and Congress a

4 report on the findings of the evaluation conducted

5 under paragraph (1) together with the data collected

6 under paragraph (2) and data available from other

7 sources on the incidence and prevalence, age of onset,

8 perception of health risk, and perception of social dis9 approval of drug use in elementary and secondary

10 schools in the States. The Secretary shall include data

11 submitted by the States pursuant to subsection

12 (b)(2)(B).

13 ‘‘(b) STATE REPORT.—

14 ‘‘(1) IN GENERAL.—By December 1, 2002, and

15 every 2 years thereafter, the chief executive officer of

16 the State, in cooperation with the State educational

17 agency, shall submit to the Secretary a report—

18 ‘‘(A) on the implementation and outcomes

19 of State programs under section 4114 and sec20 tion 4113(b) and local educational agency pro21 grams under section 4113(d), as well as an as22 sessment of their effectiveness;

23 ‘‘(B) on the State’s progress toward attain24 ing its goals for drug and violence prevention
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1 under subsections (b)(1) and (c)(1) of section

2 4112; and

3 ‘‘(C) on the State’s efforts to inform parents

4 of, and include parents in, violence and drug

5 prevention efforts.

6 ‘‘(2) SPECIAL RULE.—The report required by

7 this subsection shall be—

8 ‘‘(A) in the form specified by the Secretary;

9 ‘‘(B) based on the State’s ongoing evalua10 tion activities, and shall include data on the in11 cidence and prevalence, age of onset, perception

12 of health risk, and perception of social dis13 approval of drug use and violence by youth in

14 schools and communities; and

15 ‘‘(C) made readily available to the public.

16 ‘‘(c) LOCAL EDUCATIONAL AGENCY REPORT.—

17 ‘‘(1) IN GENERAL.—Each local educational agen18 cy receiving funds under this subpart shall submit to

19 the State educational agency such information that

20 the State requires to complete the State report re21 quired by subsection (b), including a description of

22 how parents were informed of, and participated in,

23 violence and drug prevention efforts.
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1 ‘‘(2) AVAILABILITY.—Information under para2 graph (1) shall be made readily available to the pub3 lic.

4 ‘‘(3) PROVISION OF DOCUMENTATION.—Not later

5 than January 1 of each year that a State is required

6 to report under subsection (b), the Secretary shall

7 provide to the State education agency all of the nec8 essary documentation required for compliance with

9 this section.

10 ‘‘SEC. 4118. PROGRAMS FOR NATIVE HAWAIIANS.

11 ‘‘(a) GENERAL AUTHORITY.—From the funds made

12 available pursuant to section 4111(a)(4) to carry out this

13 section, the Secretary shall make grants to or enter into

14 cooperative agreements or contracts with organizations pri15 marily serving and representing Native Hawaiians to plan,

16 conduct, and administer programs, or portions thereof,

17 which are authorized by and consistent with the provisions

18 of this title for the benefit of Native Hawaiians.

19 ‘‘(b) DEFINITION OF NATIVE HAWAIIAN.—For the pur20 poses of this section, the term ‘Native Hawaiian’ means any

21 individual any of whose ancestors were natives, prior to

22 1778, of the area which now comprises the State of Hawaii.
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1 ‘‘Subpart 2—National Programs

2 ‘‘SEC. 4121. FEDERAL ACTIVITIES.

3 ‘‘(a) PROGRAM AUTHORIZED.—From funds made

4 available to carry out this subpart under section 4004(2),

5 the Secretary, in consultation with the Secretary of Health

6 and Human Services, the Director of the Office of National

7 Drug Control Policy, and the Attorney General, shall carry

8 out programs to prevent the illegal use of drugs and violence

9 among, and promote safety and discipline for, students at

10 all educational levels from preschool through the post-sec11 ondary level. The Secretary shall carry out such programs

12 directly, or through grants, contracts, or cooperative agree13 ments with public and private entities and individuals, or

14 through agreements with other Federal agencies, and shall

15 coordinate such programs with other appropriate Federal

16 activities. Such programs may include—

17 ‘‘(1) the development and demonstration of inno18 vative strategies for the voluntary training of school

19 personnel, parents, and members of the community,

20 including the demonstration of model preservice

21 training programs for prospective school personnel;

22 ‘‘(2) demonstrations and rigorous evaluations of

23 innovative approaches to drug and violence preven24 tion;

25 ‘‘(3) the provision of information on drug abuse

26 education and prevention to the Secretary of Health
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1 and Human Services for dissemination by the clear2 inghouse for alcohol and drug abuse information es3 tablished under section 501(d)(16) of the Public

4 Health Service Act;

5 ‘‘(4) the provision of information on violence

6 prevention and education and school safety to the De7 partment of Justice, for dissemination by the Na8 tional Resource Center for Safe Schools as a national

9 clearinghouse on violence and school safety informa10 tion;

11 ‘‘(5) the development of curricula related to child

12 abuse prevention and education and the training of

13 personnel to teach child abuse education and preven14 tion to elementary and secondary schoolchildren;

15 ‘‘(6) program evaluations that address issues not

16 addressed under section 4117(a);

17 ‘‘(7) direct services to schools and school systems

18 afflicted with especially severe drug and violence

19 problems or to support crisis situations and appro20 priate response efforts;

21 ‘‘(8) activities in communities designated as em22 powerment zones or enterprise communities that will

23 connect schools to community-wide efforts to reduce

24 drug and violence problems;
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1 ‘‘(9) developing and disseminating drug and vio2 lence prevention materials, including video-based

3 projects and model curricula;

4 ‘‘(10) developing and implementing a com5 prehensive violence prevention strategy for schools and

6 communities, that may include administrative ap7 proaches, security services, conflict resolution, peer

8 mediation, mentoring, the teaching of law and legal

9 concepts, and other activities designed to stop vio10 lence;

11 ‘‘(11) the development of professional develop12 ment programs necessary for teachers, other educators,

13 and pupil services personnel to implement alternative

14 education supports, services, and programs for chron15 ically disruptive, drug-abusing, and violent students;

16 ‘‘(12) the development, establishment, or im17 provement of alternative education models, either es18 tablished within a school or separate and apart from

19 an existing school, that are designed to promote drug

20 and violence prevention, reduce disruptive behavior,

21 to reduce the need for repeat suspensions and expul22 sions, to enable students to meet challenging State

23 academic standards, and to enable students to return

24 to the regular classroom as soon as possible;
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1 ‘‘(13) the implementation of innovative activi2 ties, such as community service and service-learning

3 projects, designed to rebuild safe and healthy neigh4 borhoods and increase students’ sense of individual re5 sponsibility;

6 ‘‘(14) grants to noncommercial telecommuni7 cations entities for the production and distribution of

8 national video-based projects that provide young peo9 ple with models for conflict resolution and responsible

10 decisionmaking;

11 ‘‘(15) the development of education and training

12 programs, curricula, instructional materials, and

13 professional training and development for preventing

14 and reducing the incidence of crimes and conflicts

15 motivated by hate in localities most directly affected

16 by hate crimes; and

17 ‘‘(16) other activities that meet unmet national

18 needs related to the purposes of this title.

19 ‘‘(b) PEER REVIEW.—The Secretary shall use a peer

20 review process in reviewing applications for funds under

21 this section.

22 ‘‘SEC. 4122. NATIONAL COORDINATOR PROGRAM.

23 ‘‘(a) IN GENERAL.—From amounts available to carry

24 out this section under section 4004(3), the Secretary shall

25 provide for the establishment of a National Coordinator
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1 Program under which the Secretary shall award grants to

2 local educational agencies for the hiring of drug prevention

3 and school safety program coordinators.

4 ‘‘(b) USE OF FUNDS.—Amounts received under a

5 grant under subsection (a) shall be used by local edu6 cational agencies to recruit, hire, and train individuals to

7 serve as drug prevention and school safety program coordi8 nators in schools with significant drug and school safety

9 problems. Such coordinators shall be responsible for devel10 oping, conducting, and analyzing assessments of drug and

11 crime problems at their schools, and administering the safe

12 and drug free grant program at such schools.

13 ‘‘SEC. 4123. SAFE AND DRUG FREE SCHOOLS AND COMMU14 NITIES ADVISORY COMMITTEE.

15 ‘‘(a) ESTABLISHMENT.—

16 ‘‘(1) IN GENERAL.—There is hereby established

17 an advisory committee to be known as the ‘Safe and

18 Drug Free Schools and Communities Advisory Com19 mittee’ (referred to in this section as the ‘Advisory

20 Committee’) to—

21 ‘‘(A) consult with the Secretary under sub22 section (b);

23 ‘‘(B) coordinate Federal school- and com24 munity-based substance abuse and violence pre-
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1 vention programs and reduce duplicative re2 search or services;

3 ‘‘(C) develop core data sets and evaluation

4 protocols for safe and drug free school- and com5 munity-based programs;

6 ‘‘(D) provide technical assistance and train7 ing for safe and drug free school- and commu8 nity-based programs;

9 ‘‘(E) provide for the diffusion of scientif10 ically based research to safe and drug free school11 and community-based programs; and

12 ‘‘(F) review other regulations and standards

13 developed under this title.

14 ‘‘(2) COMPOSITION.—The Advisory Committee

15 shall be composed of representatives from—

16 ‘‘(A) the Department of Education;

17 ‘‘(B) the Centers for Disease Control and

18 Prevention;

19 ‘‘(C) the National Institute on Drug Abuse;

20 ‘‘(D) the National Institute on Alcoholism

21 and Alcohol Abuse;

22 ‘‘(E) the Center for Substance Abuse Pre23 vention;

24 ‘‘(F) the Center for Mental Health Services;
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1 ‘‘(G) the Office of Juvenile Justice and De2 linquency Prevention;

3 ‘‘(H) the Office of National Drug Control

4 Policy;

5 ‘‘(I) State and local governments, including

6 education agencies; and

7 ‘‘(J) researchers and expert practitioners.

8 ‘‘(3) CONSULTATION.—In carrying out its duties

9 under this section, the Advisory Committee shall an10 nually consult with interested State and local coordi11 nators of school- and community-based substance

12 abuse and violence prevention programs and other in13 terested groups.

14 ‘‘(b) PROGRAMS.—

15 ‘‘(1) IN GENERAL.—From amounts made avail16 able under section 4004(2) to carry out this subpart,

17 the Secretary, in consultation with the Advisory Com18 mittee, shall carry out scientifically based research

19 programs to strengthen the accountability and effec20 tiveness of the State, Governor’s, and national pro21 grams under this title.

22 ‘‘(2) GRANTS, CONTRACTS OR COOPERATIVE

23 AGREEMENTS.—The Secretary shall carry out para24 graph (1) directly or through grants, contracts, or co25 operative agreements with public and private entities
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1 and individuals or through agreements with other

2 Federal agencies.

3 ‘‘(3) COORDINATION.—The Secretary shall co4 ordinate programs under this section with other ap5 propriate Federal activities.

6 ‘‘(4) ACTIVITIES.—Activities that may be carried

7 out under programs funded under this section may

8 include—

9 ‘‘(A) the provision of technical assistance

10 and training, in collaboration with other Federal

11 agencies utilizing their expertise and national

12 and regional training systems, for Governors,

13 State educational agencies and local educational

14 agencies to support high quality, effective pro15 grams that—

16 ‘‘(i) provide a thorough assessment of

17 the substance abuse and violence problem;

18 ‘‘(ii) utilize objective data and the

19 knowledge of a wide range of community

20 members;

21 ‘‘(iii) develop measurable goals and ob22 jectives; and

23 ‘‘(iv) implement scientifically based re24 search activities that have been shown to be

25 effective and that meet identified needs;
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1 ‘‘(B) the provision of technical assistance

2 and training to foster program accountability;

3 ‘‘(C) the diffusion and dissemination of best

4 practices and programs;

5 ‘‘(D) the development of core data sets and

6 evaluation tools;

7 ‘‘(E) program evaluations;

8 ‘‘(F) the provision of information on drug

9 abuse education and prevention to the Secretary

10 of Health and Human Services for dissemination

11 by the clearinghouse for alcohol and drug abuse

12 information established under section 501(d)(16)

13 of the Public Health Service Act; and

14 ‘‘(G) other activities that meet unmet needs

15 related to the purposes of this title and that are

16 undertaken in consultation with the Advisory

17 Committee.

18 ‘‘SEC. 4124. HATE CRIME PREVENTION.

19 ‘‘(a) GRANT AUTHORIZATION.—From funds made

20 available to carry out this subpart under section 4004(2)

21 the Secretary may make grants to local educational agen22 cies and community-based organizations for the purpose of

23 providing assistance to localities most directly affected by

24 hate crimes.

25 ‘‘(b) USE OF FUNDS.—
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1 ‘‘(1) PROGRAM DEVELOPMENT.—Grants under

2 this section may be used to improve elementary and

3 secondary educational efforts, including—

4 ‘‘(A) development of education and training

5 programs designed to prevent and to reduce the

6 incidence of crimes and conflicts motivated by

7 hate;

8 ‘‘(B) development of curricula for the pur9 pose of improving conflict or dispute resolution

10 skills of students, teachers, and administrators;

11 ‘‘(C) development and acquisition of equip12 ment and instructional materials to meet the

13 needs of, or otherwise be part of, hate crime or

14 conflict programs; and

15 ‘‘(D) professional training and development

16 for teachers and administrators on the causes, ef17 fects, and resolutions of hate crimes or hate-based

18 conflicts.

19 ‘‘(2) IN GENERAL.—In order to be eligible to re20 ceive a grant under this section for any fiscal year,

21 a local educational agency, or a local educational

22 agency in conjunction with a community-based orga23 nization, shall submit an application to the Secretary

24 in such form and containing such information as the

25 Secretary may reasonably require.
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1 ‘‘(3) REQUIREMENTS.—Each application under

2 paragraph (2) shall include—

3 ‘‘(A) a request for funds for the purposes de4 scribed in this section;

5 ‘‘(B) a description of the schools and com6 munities to be served by the grants; and

7 ‘‘(C) assurances that Federal funds received

8 under this section shall be used to supplement,

9 not supplant, non-Federal funds.

10 ‘‘(4) COMPREHENSIVE PLAN.—Each application

11 shall include a comprehensive plan that contains—

12 ‘‘(A) a description of the hate crime or con13 flict problems within the schools or the commu14 nity targeted for assistance;

15 ‘‘(B) a description of the program to be de16 veloped or augmented by such Federal and

17 matching funds;

18 ‘‘(C) assurances that such program or activ19 ity shall be administered by or under the super20 vision of the applicant;

21 ‘‘(D) procedures for the proper and efficient

22 administration of such program; and

23 ‘‘(E) fiscal control and fund accounting

24 procedures as may be necessary to ensure pru-
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1 dent use, proper disbursement, and accurate ac2 counting of funds received under this section.

3 ‘‘(c) AWARD OF GRANTS.—

4 ‘‘(1) SELECTION OF RECIPIENTS.—The Secretary

5 shall consider the incidence of crimes and conflicts

6 motivated by bias in the targeted schools and commu7 nities in awarding grants under this section.

8 ‘‘(2) GEOGRAPHIC DISTRIBUTION.—The Sec9 retary shall attempt, to the extent practicable, to

10 achieve an equitable geographic distribution of grant

11 awards.

12 ‘‘(3) DISSEMINATION OF INFORMATION.—The

13 Secretary shall attempt, to the extent practicable, to

14 make available information regarding successful hate

15 crime prevention programs, including programs es16 tablished or expanded with grants under this section.

17 ‘‘(d) REPORTS.—The Secretary shall submit to the

18 Congress a report every two years which shall contain a

19 detailed statement regarding grants and awards, activities

20 of grant recipients, and an evaluation of programs estab21 lished under this section.
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1 ‘‘SEC. 4125. GRANTS TO COMBAT THE IMPACT OF EXPERI2 ENCING OR WITNESSING DOMESTIC VIO3 LENCE ON ELEMENTARY AND SECONDARY

4 SCHOOL CHILDREN.

5 ‘‘(a) GRANTS AUTHORIZED.—

6 ‘‘(1) AUTHORITY.—The Secretary is authorized

7 to award grants and contracts to elementary schools

8 and secondary schools that work with experts to en9 able the elementary schools and secondary schools—

10 ‘‘(A) to provide training to school adminis11 trators, faculty, and staff, with respect to issues

12 concerning children experiencing domestic vio13 lence in dating relationships and witnessing do14 mestic violence, and the impact of the violence

15 described in this subparagraph on children;

16 ‘‘(B) to provide educational programming

17 to students regarding domestic violence and the

18 impact of experiencing or witnessing domestic

19 violence on children;

20 ‘‘(C) to provide support services for students

21 and school personnel for the purpose of devel22 oping and strengthening effective prevention and

23 intervention strategies with respect to issues con24 cerning children experiencing domestic violence

25 in dating relationships and witnessing domestic
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1 violence, and the impact of the violence described

2 in this subparagraph on children; and

3 ‘‘(D) to develop and implement school sys4 tem policies regarding appropriate, safe re5 sponses identification and referral procedures for

6 students who are experiencing or witnessing do7 mestic violence.

8 ‘‘(2) AWARD BASIS.—The Secretary shall award

9 grants and contracts under this section—

10 ‘‘(A) on a competitive basis; and

11 ‘‘(B) in a manner that ensures that such

12 grants and contracts are equitably distributed

13 throughout a State among elementary schools

14 and secondary schools located in rural, urban,

15 and suburban areas in the State.

16 ‘‘(3) POLICY DISSEMINATION.—The Secretary

17 shall disseminate to elementary schools and secondary

18 schools any Department of Education policy guidance

19 regarding the prevention of domestic violence and the

20 impact of experiencing or witnessing domestic vio21 lence on children.

22 ‘‘(b) USES OF FUNDS.—Funds provided under this sec23 tion may be used for the following purposes:

24 ‘‘(1) To provide training for elementary school

25 and secondary school administrators, faculty, and
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1 staff that addresses issues concerning elementary

2 school and secondary school students who experience

3 domestic violence in dating relationships or witness

4 or experience family violence, and the impact of such

5 violence on the students.

6 ‘‘(2) To provide education programs for elemen7 tary school and secondary school students that are de8 velopmentally appropriate for the students’ grade lev9 els and are designed to meet any unique cultural and

10 language needs of the particular student populations.

11 ‘‘(3) To develop and implement elementary

12 school and secondary school system policies regarding

13 appropriate, safe responses, identification and refer14 ral procedures for students who are experiencing or

15 witnessing domestic violence and to develop and im16 plement policies on reporting and referral procedures

17 for these students.

18 ‘‘(4) To provide the necessary human resources

19 to respond to the needs of elementary school and sec20 ondary school students and personnel who are faced

21 with the issue of domestic violence, such as a resource

22 person who is either on-site or on-call, and who is an

23 expert.

24 ‘‘(5) To provide media center materials and edu25 cational materials to elementary schools and sec-
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1 ondary schools that address issues concerning children

2 who experience domestic violence in dating relation3 ships and witness domestic violence, and the impact

4 of the violence described in this paragraph on the

5 children.

6 ‘‘(6) To conduct evaluations to assess the impact

7 of programs and policies assisted under this section

8 in order to enhance the development of the programs.

9 ‘‘(c) CONFIDENTIALITY.—Policies, programs, training

10 materials, and evaluations developed and implemented

11 under subsection (b) shall address issues of safety and con12 fidentiality for the victim and the victim’s family in a

13 manner consistent with applicable Federal and State laws.

14 ‘‘(d) APPLICATION.—

15 ‘‘(1) IN GENERAL.—To be eligible to be awarded

16 a grant or contract under this section for any fiscal

17 year, an elementary school or secondary school, in

18 consultation with an expert, shall submit an applica19 tion to the Secretary at such time and in such man20 ner as the Secretary shall prescribe.

21 ‘‘(2) CONTENTS.—Each application submitted

22 under paragraph (1) shall—

23 ‘‘(A) describe the need for funds provided

24 under the grant or contract and the plan for im-
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1 plementation of any of the activities described in

2 subsection (b);

3 ‘‘(B) describe how the experts shall work in

4 consultation and collaboration with the elemen5 tary school or secondary school;

6 ‘‘(C) provide measurable goals for and ex7 pected results from the use of the funds provided

8 under the grant or contract; and

9 ‘‘(D) incorporate appropriate remuneration

10 for collaborating partners.

11 ‘‘(e) APPLICABILITY.—The provisions of this part

12 (other than this section) shall not apply to this section.

13 ‘‘(f) DEFINITIONS.—In this section:

14 ‘‘(1) DOMESTIC VIOLENCE.—The term ‘domestic

15 violence’ has the meaning given that term in section

16 2003 of title I of the Omnibus Crime Control and

17 Safe Streets Act of 1968 (42 U.S.C. 3796gg–2)).

18 ‘‘(2) EXPERTS.—The term ‘experts’ means—

19 ‘‘(A) experts on domestic violence, sexual as20 sault, and child abuse from the educational,

21 legal, youth, mental health, substance abuse, and

22 victim advocacy fields; and

23 ‘‘(B) State and local domestic violence coa24 litions and community-based youth organiza25 tions.
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1 ‘‘(3) WITNESS DOMESTIC VIOLENCE.—

2 ‘‘(A) IN GENERAL.—The term ‘witness do3 mestic violence’ means to witness—

4 ‘‘(i) an act of domestic violence that

5 constitutes actual or attempted physical as6 sault; or

7 ‘‘(ii) a threat or other action that

8 places the victim in fear of domestic vio9 lence.

10 ‘‘(B) WITNESS.—In subparagraph (A), the

11 term ‘witness’ means to—

12 ‘‘(i) directly observe an act, threat, or

13 action described in subparagraph (A), or

14 the aftermath of that act, threat, or action;

15 or

16 ‘‘(ii) be within earshot of an act,

17 threat, or action described in subparagraph

18 (A), or the aftermath of that act, threat, or

19 action.

20 ‘‘SEC. 4126. SUICIDE PREVENTION PROGRAMS.

21 ‘‘(a) GRANTS AUTHORIZED.—

22 ‘‘(1) AUTHORITY.—The Secretary is authorized

23 to award grants and contracts to elementary schools

24 and secondary schools for the purpose of—
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1 ‘‘(A) developing and implementing suicide

2 prevention programs; and

3 ‘‘(B) to provide training to school adminis4 trators, faculty, and staff, with respect to identi5 fying the warning signs of suicide and creating

6 a plan of action for helping those at risk.

7 ‘‘(2) AWARD BASIS.—The Secretary shall award

8 grants and contracts under this section—

9 ‘‘(A) on a competitive basis;

10 ‘‘(B) in a manner that complies with the re11 quirements under subsection (c) of section 520E

12 of the Public Health Service Act; and

13 ‘‘(C) in a manner that ensures that such

14 grants and contracts are equitably distributed

15 throughout a State among elementary schools

16 and secondary schools located in rural, urban,

17 and suburban areas in the State.

18 ‘‘(3) POLICY DISSEMINATION.—The Secretary

19 shall disseminate to elementary schools and secondary

20 schools any Department of Education policy guidance

21 regarding the prevention of suicide.

22 ‘‘(b) USES OF FUNDS.—Funds provided under this sec23 tion may be used for the following purposes:

24 ‘‘(1) To provide training for elementary school

25 and secondary school administrators, faculty, and
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1 staff with respect to identifying the warning signs of

2 suicide and creating a plan of action for helping

3 those at risk.

4 ‘‘(2) To provide education programs for elemen5 tary school and secondary school students that are de6 velopmentally appropriate for the students’ grade lev7 els and are designed to meet any unique cultural and

8 language needs of the particular student populations.

9 ‘‘(3) To conduct evaluations to assess the impact

10 of programs and policies assisted under this section

11 in order to enhance the development of the programs.

12 ‘‘(c) CONFIDENTIALITY.—Policies, programs, training

13 materials, and evaluations developed and implemented

14 under subsection (b) shall address issues of safety and con15 fidentiality for the victim and the victim’s family in a

16 manner consistent with applicable Federal and State laws.

17 ‘‘(d) APPLICATION.—

18 ‘‘(1) IN GENERAL.—To be eligible to be awarded

19 a grant or contract under this section for any fiscal

20 year, an elementary school or secondary school shall

21 submit an application to the Secretary at such time

22 and in such manner as the Secretary shall prescribe.

23 ‘‘(2) CONTENTS.—Each application submitted

24 under paragraph (1) shall—
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1 ‘‘(A) describe the need for funds provided

2 under the grant or contract and the plan for im3 plementation of any of the activities described in

4 subsection (b);

5 ‘‘(B) provide measurable goals for and ex6 pected results from the use of the funds provided

7 under the grant or contract; and

8 ‘‘(C) incorporate appropriate remuneration

9 for collaborating partners.

10 ‘‘(e) APPLICABILITY.—The provisions of this part

11 (other than this section) shall not apply to this section.

12 ‘‘SEC. 4127. GRANTS FOR THE INTEGRATION OF SCHOOLS

13 AND MENTAL HEALTH SYSTEMS.

14 ‘‘(a) IN GENERAL.—The Secretary shall award grants,

15 contracts, or cooperative agreements to State educational

16 agencies, local educational agencies, or Indian tribes, for

17 the purpose of increasing student access to quality mental

18 health care by developing innovative programs to link local

19 school systems with the local mental health system.

20 ‘‘(b) DURATION.—With respect to a grant, contract, or

21 cooperative agreement awarded under this section, the pe22 riod during which payments under such award are made

23 to the recipient may not exceed 5 years.

24 ‘‘(c) INTERAGENCY AGREEMENTS.—
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1 ‘‘(1) DESIGNATION OF LEAD AGENCY.—The re2 cipient of each grant, contract, or cooperative agree3 ment shall designate a lead agency to direct the estab4 lishment of an interagency agreement among local

5 educational agencies, juvenile justice authorities, men6 tal health agencies, and other relevant entities in the

7 State, in collaboration with local entities and parents

8 and guardians of students.

9 ‘‘(2) CONTENTS.—The interagency agreement

10 shall ensure the provision of the services to a student

11 described in subsection (e) specifying with respect to

12 each agency, authority or entity—

13 ‘‘(A) the financial responsibility for the

14 services;

15 ‘‘(B) the conditions and terms of responsi16 bility for the services, including quality, account17 ability, and coordination of the services; and

18 ‘‘(C) the conditions and terms of reimburse19 ment among the agencies, authorities or entities

20 that are parties to the interagency agreement,

21 including procedures for dispute resolution.

22 ‘‘(d) APPLICATION.—

23 ‘‘(1) IN GENERAL.—To be eligible to receive a

24 grant, contract, or cooperative agreement under this

25 section, a State educational agency, local educational
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1 agency, or Indian tribe shall submit an application

2 to the Secretary at such time, in such manner, and

3 accompanied by such information as the Secretary

4 may reasonably require.

5 ‘‘(2) CONTENT.—An application submitted under

6 this section shall—

7 ‘‘(A) describe the program to be funded

8 under the grant, contract, or cooperative agree9 ment;

10 ‘‘(B) explain how such program will in11 crease access to quality mental health services for

12 students;

13 ‘‘(C) explain how the applicant will estab14 lish a crisis intervention program to provide im15 mediate mental health services to the school com16 munity when necessary;

17 ‘‘(D) provide assurances that—

18 ‘‘(i) persons providing services under

19 the grant, contract or cooperative agreement

20 are adequately trained to provide such serv21 ices;

22 ‘‘(ii) the services will be provided in

23 accordance with subsection (e); and
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1 ‘‘(iii) teachers, principal administra2 tors, and other school personnel are aware

3 of the program;

4 ‘‘(E) explain how the applicant will sup5 port and integrate existing school-based services

6 with the program to provide appropriate mental

7 health services for students; and

8 ‘‘(F) explain how the applicant will estab9 lish a program that will support students and

10 the school in maintaining an environment con11 ducive to learning.

12 ‘‘(e) USE OF FUNDS.—A State educational agency,

13 local educational agency, or Indian tribe, that receives a

14 grant, contract, or cooperative agreement under this section

15 shall use amounts made available through such grant, con16 tract or cooperative agreement to—

17 ‘‘(1) enhance, improve, or develop collaborative

18 efforts between school-based service systems and men19 tal health service systems to provide, enhance, or im20 prove prevention, diagnosis, and treatment services to

21 students;

22 ‘‘(2) enhance the availability of crisis interven23 tion services, appropriate referrals for students poten24 tially in need of mental health services and on going

25 mental health services;
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1 ‘‘(3) provide training for the school personnel

2 and mental health professionals who will participate

3 in the program carried out under this section;

4 ‘‘(4) provide technical assistance and consulta5 tion to school systems and mental health agencies and

6 families participating in the program carried out

7 under this section;

8 ‘‘(5) provide linguistically appropriate and cul9 turally competent services; and

10 ‘‘(6) evaluate the effectiveness of the program

11 carried out under this section in increasing student

12 access to quality mental health services, and make

13 recommendations to the Secretary about sustain14 ability of the program.

15 ‘‘(f) DISTRIBUTION OF AWARDS.—The Secretary shall

16 ensure that grants, contracts, and cooperative agreements

17 awarded under subsection (a) are equitably distributed

18 among the geographical regions of the United States and

19 between urban and rural populations.

20 ‘‘(g) OTHER SERVICES.—Any services provided

21 through programs established under this section must sup22 plement and not supplant existing Mental Health Services,

23 including any services required to be provided under the

24 Individuals with Disabilities Education Act (20 U.S.C.

25 1400 et seq.).
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1 ‘‘(h) EVALUATION.—The Secretary shall evaluate each

2 program carried out by a State educational agency, local

3 educational agency, or Indian tribe, under this section and

4 shall disseminate the findings with respect to each such

5 evaluation to appropriate public and private entities.

6 ‘‘(i) REPORTING.—Nothing in Federal law shall be

7 construed—

8 ‘‘(1) to prohibit an entity involved with the pro9 gram from reporting a crime that is committed by a

10 student, to appropriate authorities; or

11 ‘‘(2) to prevent State law enforcement and judi12 cial authorities from exercising their responsibilities

13 with regard to the application of Federal and State

14 law to crimes committed by a student.

15 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There is

16 authorized to be appropriated to carry out this section,

17 $50,000,000 for fiscal year 2002, and such sums as may

18 be necessary for fiscal years 2003 through 2005.

19 ‘‘Subpart 3—General Provisions

20 ‘‘SEC. 4131. DEFINITIONS.

21 ‘‘In this part:

22 ‘‘(1) COMMUNITY-BASED ORGANIZATION.—The

23 term ‘community-based organization’ means a private

24 nonprofit organization which is representative of a

25 community or significant segments of a community
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1 and which provides educational or related services to

2 individuals in the community.

3 ‘‘(2) DRUG AND VIOLENCE PREVENTION.—The

4 term ‘drug and violence prevention’ means—

5 ‘‘(A) with respect to drugs, prevention, early

6 intervention, rehabilitation referral, or education

7 related to the illegal use of alcohol and the use

8 of controlled, illegal, addictive, or harmful sub9 stances, including inhalants and anabolic

10 steroids;

11 ‘‘(B) prevention, early intervention, smok12 ing cessation activities, or education, related to

13 the use of tobacco by children and youth eligible

14 for services under this title; and

15 ‘‘(C) with respect to violence, the promotion

16 of school safety, such that students and school

17 personnel are free from violent and disruptive

18 acts, including sexual harassment and abuse,

19 and victimization associated with prejudice and

20 intolerance, on school premises, going to and

21 from school, and at school-sponsored activities,

22 through the creation and maintenance of a school

23 environment that is free of weapons and fosters

24 individual responsibility and respect for the

25 rights of others.
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1 ‘‘(3) HATE CRIME.—The term ‘hate crime’ means

2 a crime as described in section 1(b) of the Hate Crime

3 Statistics Act of 1990.

4 ‘‘(4) NONPROFIT.—The term ‘nonprofit’, as ap5 plied to a school, agency, organization, or institution

6 means a school, agency, organization, or institution

7 owned and operated by one or more nonprofit cor8 porations or associations, no part of the net earnings

9 of which inures, or may lawfully inure, to the benefit

10 of any private shareholder or individual.

11 ‘‘(5) OBJECTIVELY MEASURABLE GOALS.—The

12 term ‘objectively measurable goals’ means prevention

13 programming goals defined through use of quan14 titative epidemiological data measuring the preva15 lence of alcohol, tobacco, and other drug use, violence,

16 and the prevalence of risk and protective factors pre17 dictive of these behaviors, collected through a variety

18 of methods and sources known to provide high quality

19 data.

20 ‘‘(6) PROTECTIVE FACTOR, BUFFER, OR ASSET.—

21 The terms ‘protective factor’, ‘buffer’, and ‘asset’ mean

22 any one of a number of the community, school, fam23 ily, or peer-individual domains that are known,

24 through prospective, longitudinal research efforts, or

25 which are grounded in a well-established theoretical
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1 model of prevention, and have been shown to prevent

2 alcohol, tobacco, or illicit drug use, as well as violent

3 behavior, by youth in the community, and which pro4 mote positive youth development.

5 ‘‘(7) RISK FACTOR.—The term ‘risk factor’

6 means any one of a number of characteristics of the

7 community, school, family, or peer-individual do8 mains that are known, through prospective, longitu9 dinal research efforts, to be predictive of alcohol, to10 bacco, and illicit drug use, as well as violent behavior,

11 by youth in the school and community.

12 ‘‘(8) SCHOOL-AGED POPULATION.—The term

13 ‘school-aged population’ means the population aged

14 five through 17, as determined by the Secretary on the

15 basis of the most recent satisfactory data available

16 from the Department of Commerce.

17 ‘‘(9) SCHOOL PERSONNEL.—The term ‘school

18 personnel’ includes teachers, administrators, coun19 selors, social workers, psychologists, therapists, nurses,

20 librarians, and other support staff who are employed

21 by a school or who perform services for the school on

22 a contractual basis.

23 ‘‘SEC. 4132. MATERIALS.

24 ‘‘(a) ‘ILLEGAL AND HARMFUL’ MESSAGE.—Drug pre25 vention programs supported under this part shall convey
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1 a clear and consistent message that the illegal use of alcohol

2 and other drugs is illegal and harmful.

3 ‘‘(b) CURRICULUM.—The Secretary shall not prescribe

4 the use of specific curricula for programs supported under

5 this part, but may evaluate the effectiveness of such cur6 ricula and other strategies in drug and violence prevention.

7 ‘‘SEC. 4133. PROHIBITED USES OF FUNDS.

8 ‘‘No funds under this part may be used for—

9 ‘‘(1) construction (except for minor remodeling

10 needed to accomplish the purposes of this part); and

11 ‘‘(2) medical services, drug treatment or rehabili12 tation, except for pupil services or referral to treat13 ment for students who are victims of or witnesses to

14 crime or who use alcohol, tobacco, or drugs.

15 ‘‘SEC. 4134. QUALITY RATING.

16 ‘‘(a) IN GENERAL.—The chief executive officer of each

17 State, or in the case of a State in which the constitution

18 or law of such State designates another individual, entity,

19 or agency in the State to be responsible for education activi20 ties, such individual, entity, or agency, is authorized and

21 encouraged—

22 ‘‘(1) to establish a standard of quality for drug,

23 alcohol, and tobacco prevention programs imple24 mented in public elementary schools and secondary
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1 schools in the State in accordance with subsection (b);

2 and

3 ‘‘(2) to identify and designate, upon application

4 by a public elementary school or secondary school,

5 any such school that achieves such standard as a

6 quality program school.

7 ‘‘(b) CRITERIA.—The standard referred to in sub8 section (a) shall address, at a minimum—

9 ‘‘(1) a comparison of the rate of illegal use of

10 drugs, alcohol, and tobacco by students enrolled in the

11 school for a period of time to be determined by the

12 chief executive officer of the State;

13 ‘‘(2) the rate of suspensions or expulsions of stu14 dents enrolled in the school for drug, alcohol, or to15 bacco-related offenses;

16 ‘‘(3) the effectiveness of the drug, alcohol, or to17 bacco prevention program as proven by research;

18 ‘‘(4) the involvement of parents and community

19 members in the design of the drug, alcohol, and to20 bacco prevention program; and

21 ‘‘(5) the extent of review of existing community

22 drug, alcohol, and tobacco prevention programs before

23 implementation of the public school program.

24 ‘‘(c) REQUEST FOR QUALITY PROGRAM SCHOOL DES25 IGNATION.—A school that wishes to receive a quality pro-
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1 gram school designation shall submit a request and docu2 mentation of compliance with this section to the chief execu3 tive officer of the State or the individual, entity, or agency

4 described in subsection (a), as the case may be.

5 ‘‘(d) PUBLIC NOTIFICATION.—Not less than once a

6 year, the chief executive officer of each State or the indi7 vidual, entity, or agency described in subsection (a), as the

8 case may be, shall make available to the public a list of

9 the names of each public school in the State that has re10 ceived a quality program school designation in accordance

11 with this section.

12 ‘‘Subpart 4—State Grants To Encourage Community

13 Service by Expelled and Suspended Students

14 ‘‘SEC. 4141. AUTHORIZATION OF APPROPRIATIONS.

15 ‘‘In addition to amounts authorized to be appropriated

16 under section 4004, there are authorized to be appropriated

17 $50,000,000 for fiscal year 2002 for State grants to encour18 age States to carry out programs under which students ex19 pelled or suspended from schools in the States are required

20 to perform community service.

21 ‘‘SEC. 4142. ALLOTMENTS.

22 ‘‘(a) IN GENERAL.—From the amount made available

23 under section 4141, the Secretary shall allocate among the

24 States—
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1 ‘‘(1) one-half according to the ratio between the

2 school-aged population of each State and the school3 aged population of all the States; and

4 ‘‘(2) one-half according to the ratio between the

5 amount each State received under section 1124A for

6 the preceding year and the sum of such amounts re7 ceived by all the States.

8 ‘‘(b) MINIMUM.—For any fiscal year, no State shall

9 be allotted under this section an amount that is less than

10 one-half of 1 percent of the total amount allotted to all the

11 States under this section.

12 ‘‘(c) REALLOTMENT.—The Secretary may reallot any

13 amount of any allotment to a State if the Secretary deter14 mines that the State will be unable to use such amount

15 within 2 years of such allotment. Such reallotments shall

16 be made on the same basis as allotments are made under

17 subsection (a).

18 ‘‘(d) DEFINITION.—In this section, the term ‘State’

19 means each of the 50 States, the District of Columbia, and

20 the Commonwealth of Puerto Rico.’’.

21 SEC. 402. GUN-FREE REQUIREMENTS.

22 Title IV (20 U.S.C. 7101 et seq.) is amended by adding

23 at the end the following:
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1 ‘‘PART B—GUN POSSESSION

2 ‘‘SEC. 4201. GUN-FREE REQUIREMENTS.

3 ‘‘(a) SHORT TITLE.—This part may be cited as the

4 ‘‘Gun-Free Schools Act of 1994’’.

5 ‘‘(b) REQUIREMENTS.—

6 ‘‘(1) IN GENERAL.—Each State receiving Federal

7 funds under this Act shall have in effect a State law

8 requiring local educational agencies to expel from

9 school for a period of not less than one year a student

10 who is determined to have brought a weapon to a

11 school, or to have possessed a weapon at a school,

12 under the jurisdiction of local educational agencies in

13 that State, except that such State law shall allow the

14 chief administering officer of a local educational

15 agency to modify such expulsion requirement for a

16 student on a case-by-case basis if such modification is

17 in writing.

18 ‘‘(2) CONSTRUCTION.—Nothing in this part shall

19 be construed to prevent a State from allowing a local

20 educational agency that has expelled a student from

21 such a student’s regular school setting from providing

22 educational services to such student in an alternative

23 setting.

24 ‘‘(3) DEFINITION.—For the purpose of this sec25 tion, the term ‘weapon’ means a firearm as such term
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1 is defined in section 921(a) of title 18, United States

2 Code.

3 ‘‘(c) SPECIAL RULE.—The provisions of this section

4 shall be construed in a manner consistent with the Individ5 uals with Disabilities Education Act.

6 ‘‘(d) REPORT TO STATE.—Each local educational

7 agency requesting assistance from the State educational

8 agency that is to be provided from funds made available

9 to the State under this Act shall provide to the State, in

10 the application requesting such assistance—

11 ‘‘(1) an assurance that such local educational

12 agency is in compliance with the State law required

13 by subsection (b); and

14 ‘‘(2) a description of the circumstances sur15 rounding any expulsions imposed under the State law

16 required by subsection (b), including—

17 ‘‘(A) the name of the school concerned;

18 ‘‘(B) the number of students expelled from

19 such school; and

20 ‘‘(C) the type of weapons concerned.

21 ‘‘(e) REPORTING.—Each State shall report the infor22 mation described in subsection (d) to the Secretary on an

23 annual basis.

24 ‘‘(f) DEFINITION.—In this section, the term ‘school’

25 means any setting that is under the control and supervision
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1 of the local educational agency for the purpose of student

2 activities approved and authorized by the local educational

3 agency.

4 ‘‘(g) EXCEPTION.—Nothing in this section shall apply

5 to a weapon that is lawfully stored inside a locked vehicle

6 on school property, or if it is for activities approved and

7 authorized by the local educational agency and the local

8 educational agency adopts appropriate safeguards to ensure

9 student safety.

10 ‘‘SEC. 4202. POLICY REGARDING CRIMINAL JUSTICE SYSTEM

11 REFERRAL.

12 ‘‘(a) IN GENERAL.—No funds shall be made available

13 under this Act to any local educational agency unless such

14 agency has a policy requiring referral to the criminal jus15 tice or juvenile delinquency system of any student who

16 brings a weapon to a school, or is found to have possessed

17 a weapon at a school, served by such agency.

18 ‘‘(b) DEFINITIONS.—For the purpose of this section:

19 ‘‘(1) SCHOOL.—The term ‘school’ has the mean20 ing given to such term by section 921(a) of title 18,

21 United States Code.

22 ‘‘(2) WEAPON.—The term ‘weapon’ has the

23 meaning given such term in section 4101(b)(3).’’.
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1 SEC. 403. SCHOOL SAFETY AND VIOLENCE PREVENTION.

2 (a) IN GENERAL.—Title IV (20 U.S.C. 7101 et seq.)

3 is further amended by adding at the end the following:

4 ‘‘PART C—SCHOOL SAFETY AND VIOLENCE

5 PREVENTION

6 ‘‘SEC. 4301. SCHOOL SAFETY AND VIOLENCE PREVENTION.

7 ‘‘Subject to this title, and subpart 4 of part B of title

8 V, funds made available under this title and such subpart

9 may be used for—

10 ‘‘(1) training, including in-service training, for

11 school personnel (including custodians and bus driv12 ers), with respect to—

13 ‘‘(A) the identification of potential threats,

14 such as illegal weapons and explosive devices;

15 ‘‘(B) crisis preparedness and intervention

16 procedures; and

17 ‘‘(C) emergency response;

18 ‘‘(2) training for parents, teachers, school per19 sonnel and other interested members of the commu20 nity regarding the identification and responses to

21 early warning signs of troubled and violent youth;

22 ‘‘(3) innovative scientifically based research de23 linquency and violence prevention programs,

24 including—

25 ‘‘(A) school antiviolence programs; and

26 ‘‘(B) mentoring programs;
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1 ‘‘(4) comprehensive security assessments;

2 ‘‘(5) in accordance with section 4116(c), the pur3 chase of school security equipment and technologies

4 such as—

5 ‘‘(A) metal detectors;

6 ‘‘(B) electronic locks; and

7 ‘‘(C) surveillance cameras;

8 ‘‘(6) collaborative efforts with community-based

9 organizations, including faith-based organizations,

10 statewide consortia, and law enforcement agencies,

11 that have demonstrated expertise in providing effec12 tive, scientifically based research violence prevention

13 and intervention programs for school-aged children;

14 ‘‘(7) providing assistance to States, local edu15 cation agencies, or schools to establish school uniform

16 policies;

17 ‘‘(8) school resource officers, including commu18 nity policing officers; and

19 ‘‘(9) other innovative, local responses that are

20 consistent with reducing incidents of school violence

21 and improving the educational atmosphere of the

22 classroom.
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1 ‘‘SEC. 4302. SCHOOL UNIFORMS.

2 ‘‘(a) CONSTRUCTION.—Nothing in this part shall be

3 construed to prohibit any State, local education agency, or

4 school from establishing a school uniform policy.

5 ‘‘(b) FUNDING.—Subject to this title and subpart 4 of

6 part B of title V, funds provided under this title and such

7 subpart may be used for establishing a uniform policy.

8 ‘‘SEC. 4303. TRANSFER OF SCHOOL DISCIPLINARY

9 RECORDS.

10 ‘‘(a) NONAPPLICATION OF PROVISIONS.—This section

11 shall not apply to any disciplinary records with respect to

12 a suspension or expulsion that are transferred from a pri13 vate, parochial or other nonpublic school, person, institu14 tion, or other entity, that provides education below the col15 lege level.

16 ‘‘(b) DISCIPLINARY RECORDS.—In accordance with the

17 Family Educational Rights and Privacy Act of 1974 (20

18 U.S.C. 1232g), not later than 2 years after the date of enact19 ment of this part, each State receiving Federal funds under

20 this Act shall provide an assurance to the Secretary that

21 the State has a procedure in place to facilitate the transfer

22 of disciplinary records, with respect to a suspension or ex23 pulsion, by local educational agencies to any private or

24 public elementary school or secondary school for any stu25 dent who is enrolled or seeks, intends, or is instructed to

26 enroll, on a full- or part-time basis, in the school.
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1 ‘‘SEC. 4304. CONFIDENTIAL REPORTING OF INDIVIDUALS

2 SUSPECTED OF IMMINENT SCHOOL VIO3 LENCE.

4 ‘‘Subject to the provisions of this title and subpart 4

5 of part B of title V, funds made available under such titles

6 may be used to—

7 ‘‘(1) support the independent State development

8 and operation of confidential, toll-free telephone hot9 lines that will operate 7 days per week, 24 hours per

10 day, in order to provide students, school officials, and

11 other individuals with the opportunity to report spe12 cific threats of imminent school violence or to report

13 other suspicious or criminal conduct by juveniles to

14 appropriate State and local law enforcement entities

15 for investigation;

16 ‘‘(2) ensure proper State training of personnel to

17 answer and respond to telephone calls to hotlines de18 scribed in paragraph (1);

19 ‘‘(3) assist in the acquisition of technology nec20 essary to enhance the effectiveness of hotlines described

21 in paragraph (1), including the utilization of Inter22 net web-pages or resources;

23 ‘‘(4) enhance State efforts to offer appropriate

24 counseling services to individuals who call hotlines

25 described in paragraph (1) threatening to do harm to

26 themselves or others; and
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1 ‘‘(5) further State effort to publicize services of2 fered by the hotlines described in paragraph (1) and

3 to encourage individuals to utilize those services.

4 ‘‘SEC. 4305. SCHOOL SECURITY TECHNOLOGY AND RE5 SOURCE CENTER.

6 ‘‘(a) CENTER.—The Attorney General, the Secretary of

7 Education, and the Secretary of Energy shall enter into an

8 agreement for the establishment at the Sandia National

9 Laboratories, in partnership with the National Law En10 forcement and Corrections Technology Center—Southeast

11 and the National Center for Rural Law Enforcement in

12 Little Rock, Arkansas, of a center to be known as the ‘School

13 Security Technology and Resource Center’.

14 ‘‘(b) ADMINISTRATION.—The center established under

15 subsection (a) shall be administered by the Attorney Gen16 eral.

17 ‘‘(c) FUNCTIONS.—The center established under sub18 section (a) shall be a resource to local educational agencies

19 for school security assessments, security technology develop20 ment, evaluation and implementation, and technical assist21 ance relating to improving school security. The center will

22 also conduct and publish school violence research, coalesce

23 data from victim communities, and monitor and report on

24 schools that implement school security strategies.
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1 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is

2 authorized to be appropriated to carry out this section,

3 $4,750,000 for each of the fiscal years 2002, 2003, and 2004,

4 of which $2,000,000 shall be for Sandia National Labora5 tories in each fiscal year, $2,000,000 shall be for the Na6 tional Center for Rural Law Enforcement in each fiscal

7 year, and $750,000 shall be for the National Law Enforce8 ment and Corrections Technology Center—Southeast in

9 each fiscal year.

10 ‘‘SEC. 4306. LOCAL SCHOOL SECURITY PROGRAMS.

11 ‘‘(a) IN GENERAL.—

12 ‘‘(1) GRANTS AUTHORIZED.—From amounts ap13 propriated under subsection (c), the Secretary shall

14 award grants on a competitive basis to local edu15 cational agencies to enable the agencies to acquire se16 curity technology for, or carry out activities related

17 to improving security at, the middle and secondary

18 schools served by the agencies, including obtaining

19 school security assessments, and technical assistance,

20 for the development of a comprehensive school security

21 plan from the School Security Technology and Re22 source Center.

23 ‘‘(2) APPLICATION.—To be eligible to receive a

24 grant under this section, a local educational agency

25 shall submit to the Secretary an application in such
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1 form and containing such information as the Sec2 retary may require, including information relating to

3 the security needs of the agency.

4 ‘‘(3) PRIORITY.—In awarding grants under this

5 section, the Secretary shall give priority to local edu6 cational agencies that demonstrate the highest secu7 rity needs, as reported by the agency in the applica8 tion submitted under paragraph (2).

9 ‘‘(b) APPLICABILITY.—The provisions of this part

10 (other than this section) shall not apply to this section.

11 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There is

12 authorized to be appropriated to carry out this section

13 $10,000,000 for each of fiscal years 2002, 2003, and 2004.

14 ‘‘SEC. 4307. SAFE AND SECURE SCHOOL ADVISORY REPORT.

15 ‘‘Not later than 1 year after the date of enactment of

16 this Act, the Attorney General, in consultation with the Sec17 retary of Education and the Secretary of Energy, or their

18 designees, shall—

19 ‘‘(1) develop a proposal to further improve school

20 security; and

21 ‘‘(2) submit that proposal to Congress.’’.

22 (b) BACKGROUND CHECKS.—Section 5(9) of the Na23 tional Child Protection Act of 1993 (42 U.S.C. 5119c(9))

24 is amended—
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1 (1) in subparagraph (A)(i), by inserting ‘‘(in2 cluding an individual who is employed by a school in

3 any capacity, including as a child care provider, a

4 teacher, or another member of school personnel)’’ be5 fore the semicolon; and

6 (2) in subparagraph (B)(i), by inserting ‘‘(in7 cluding an individual who seeks to be employed by a

8 school in any capacity, including as a child care pro9 vider, a teacher, or another member of school per10 sonnel)’’ before the semicolon.

11 SEC. 404. SCHOOL SAFETY ENHANCEMENT.

12 Title IV (20 U.S.C. 7101 et seq.) is further amended

13 by adding at the end the following:

14 ‘‘PART D—SCHOOL SAFETY ENHANCEMENT

15 ‘‘SEC. 4401. SHORT TITLE.

16 ‘‘This part may be cited as the ‘School Safety En17 hancement Act of 2001’.

18 ‘‘SEC. 4402. FINDINGS.

19 ‘‘Congress makes the following findings:

20 ‘‘(1) While our Nation’s schools are still rel21 atively safe, it is imperative that schools be provided

22 with adequate resources to prevent incidents of vio23 lence.

24 ‘‘(2) Approximately 10 percent of all public

25 schools reported at least 1 serious violent crime to a
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1 law enforcement agency over the course of the 1996–

2 1997 school year.

3 ‘‘(3) In 1996, approximately 225,000 students

4 between the ages of 12 and 18 were victims of

5 nonfatal violent crime in schools in the United States.

6 ‘‘(4) From 1992 through 1994, 76 students and

7 29 non-students were victims of murders or suicides

8 that were committed in schools in the United States.

9 ‘‘(5) The school violence incidents in several

10 States across the Nation in 1998 and 1999 caused

11 enormous damage to schools, families, and whole com12 munities.

13 ‘‘(6) Because of escalating school violence, the

14 children of the United States are increasingly afraid

15 that they will be attacked or harmed at school.

16 ‘‘(7) A report issued by the Department of Edu17 cation in August, 1998, entitled ‘Early Warning,

18 Early Response’ concluded that the reduction and

19 prevention of school violence is best achieved through

20 safety plans which involve the entire community,

21 policies which emphasize both prevention and inter22 vention, training school personnel, parents, students,

23 and community members to recognize the early warn24 ing signs of potential violent behavior and to share

25 their concerns or observations with trained personnel,
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1 establishing procedures which allow rapid response

2 and intervention when early warning signs of violent

3 behavior are identified, and providing adequate sup4 port and access to services for troubled students.

5 ‘‘SEC. 4403. NATIONAL CENTER FOR SCHOOL AND YOUTH

6 SAFETY.

7 ‘‘(a) ESTABLISHMENT.—The Secretary of Education

8 and the Attorney General shall jointly establish a National

9 Center for School and Youth Safety (in this section referred

10 to as the ‘Center’). The Secretary of Education and the At11 torney General may establish the Center at an existing fa12 cility, if the facility has a history of performing two or more

13 of the duties described in subsection (b). The Secretary of

14 Education and the Attorney General shall jointly appoint

15 a Director of the Center to oversee the operation of the Cen16 ter.

17 ‘‘(b) DUTIES.—The Center shall carry out emergency

18 response, anonymous student hotline, consultation, and in19 formation and outreach activities with respect to elemen20 tary and secondary school safety, including the following:

21 ‘‘(1) EMERGENCY RESPONSE.—The staff of the

22 Center, and such temporary contract employees as the

23 Director of the Center shall determine necessary, shall

24 offer emergency assistance to local communities to re25 spond to school safety crises. Such assistance shall in-
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1 clude counseling for victims and the community, as2 sistance to law enforcement to address short-term se3 curity concerns, and advice on how to enhance school

4 safety, prevent future incidents, and respond to future

5 incidents.

6 ‘‘(2) ANONYMOUS STUDENT HOTLINE.—The Cen7 ter shall establish a toll-free telephone number for stu8 dents to report criminal activity, threats of criminal

9 activity, and other high-risk behaviors such as sub10 stance abuse, gang or cult affiliation, depression, or

11 other warning signs of potentially violent behavior.

12 The Center shall relay the reports, without attribu13 tion, to local law enforcement or appropriate school

14 hotlines. The Director of the Center shall work with

15 the Attorney General to establish guidelines for Center

16 staff to work with law enforcement around the Nation

17 to relay information reported through the hotline.

18 ‘‘(3) CONSULTATION.—The Center shall establish

19 a toll-free number for the public to contact staff of the

20 Center for consultation regarding school safety. The

21 Director of the Center shall hire administrative staff

22 and individuals with expertise in enhancing school

23 safety, including individuals with backgrounds in

24 counseling and psychology, education, law enforce-
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1 ment and criminal justice, and community develop2 ment to assist in the consultation.

3 ‘‘(4) INFORMATION AND OUTREACH.—The Center

4 shall compile information about the best practices in

5 school violence prevention, intervention, and crisis

6 management, and shall serve as a clearinghouse for

7 model school safety program information. The staff of

8 the Center shall work to ensure local governments,

9 school officials, parents, students, and law enforce10 ment officials and agencies are aware of the resources,

11 grants, and expertise available to enhance school safe12 ty and prevent school crime. The staff of the Center

13 shall give special attention to providing outreach to

14 rural and impoverished communities.

15 ‘‘(c) FUNDING.—There is authorized to be appro16 priated to carry out this section, $25,000,000 for fiscal year

17 2002 and such sums as may be necessary for each of fiscal

18 years 2003 through 2005.’’.

19 ‘‘SEC. 4404. SAFE COMMUNITIES, SAFE SCHOOLS.

20 ‘‘(a) GRANTS AUTHORIZED.—Using funds made avail21 able under subsection (c), the Secretary of Education, the

22 Secretary of Health and Human Services, and the Attorney

23 General shall award grants, on a competitive basis, to help

24 communities develop community-wide safety programs in25 volving students, parents, educators, guidance counselors,
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1 psychologists, law enforcement officials or agencies, civic

2 leaders, and other organizations serving the community.

3 ‘‘(b) AUTHORIZED ACTIVITIES.—Funds provided

4 under this section may be used for activities that may in5 clude efforts to—

6 ‘‘(1) increase early intervention strategies;

7 ‘‘(2) expand parental involvement;

8 ‘‘(3) increase students’ awareness of warning

9 signs of violent behavior;

10 ‘‘(4) promote students’ responsibility to report

11 the warning signs to appropriate persons;

12 ‘‘(5) promote conflict resolution and peer medi13 ation programs;

14 ‘‘(6) increase the number of after-school pro15 grams;

16 ‘‘(7) expand the use of safety-related equipment

17 and technology; and

18 ‘‘(8) expand students’ access to mental health

19 services.

20 ‘‘(c) FUNDING.—There is authorized to be appro21 priated to carry out this section, $24,000,000 for fiscal year

22 2002 and such sums as may be necessary for each of fiscal

23 years 2003 through 2005.’’.
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1 SEC. 405. AMENDMENTS TO THE NATIONAL CHILD PROTEC2 TION ACT OF 1993.

3 Section 5(10) of the National Child Protection Act of

4 1993 (42 U.S.C. 5119c(10)) is amended to read as follows:

5 ‘‘(10) the term ‘qualified entity’ means—

6 ‘‘(A) a business or organization, whether

7 public, private, for-profit, not-for-profit, or vol8 untary, that provides care or care placement

9 services, including a business or organization

10 that licenses or certifies others to provide care or

11 care placement services; or

12 ‘‘(B) an elementary or secondary school.’’.

13 SEC. 406. ENVIRONMENTAL TOBACCO SMOKE.

14 Title IV (20 U.S.C. 7101 et seq.) is further amended

15 by adding at the end the following:

16 ‘‘PART E—ENVIRONMENTAL TOBACCO SMOKE

17 ‘‘SEC. 4501. SHORT TITLE.

18 ‘‘This part may be cited as the ‘Pro-Children Act of

19 2001’.

20 ‘‘SEC. 4502. DEFINITIONS.

21 ‘‘As used in this part:

22 ‘‘(1) CHILDREN.—The term ‘children’ means in23 dividuals who have not attained the age of 18.

24 ‘‘(2) CHILDREN’S SERVICES.—The term ‘chil25 dren’s services’ means the provision on a routine or
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1 regular basis of health, day care, education, or library

2 services—

3 ‘‘(A) that are funded, after the date of en4 actment of the Better Education for Students

5 and Teachers Act, directly by the Federal Gov6 ernment or through State or local governments,

7 by Federal grant, loan, loan guarantee, or con8 tract programs—

9 ‘‘(i) administered by either the Sec10 retary of Health and Human Services or

11 the Secretary of Education (other than serv12 ices provided and funded solely under titles

13 XVIII and XIX of the Social Security Act);

14 or

15 ‘‘(ii) administered by the Secretary of

16 Agriculture in the case of a clinic (as de17 fined in part 246.2 of title 7, Code of Fed18 eral Regulations (or any corresponding

19 similar regulation or ruling)) under section

20 17(b)(6) of the Child Nutrition Act of 1966;

21 or

22 ‘‘(B) that are provided in indoor facilities

23 that are constructed, operated, or maintained

24 with such Federal funds, as determined by the
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1 appropriate head of a Federal agency in any en2 forcement action carried out under this part,

3 except that nothing in clause (ii) of subparagraph (A)

4 is intended to include facilities (other than clinics)

5 where coupons are redeemed under the Child Nutri6 tion Act of 1966.

7 ‘‘(3) INDOOR FACILITY.—The term ‘indoor facil8 ity’ means a building that is enclosed.

9 ‘‘(4) PERSON.—The term ‘person’ means any

10 State or local subdivision of a State, agency of such

11 State or subdivision, corporation, or partnership that

12 owns or operates or otherwise controls and provides

13 children’s services or any individual who owns or op14 erates or otherwise controls and provides such serv15 ices.

16 ‘‘(5) SECRETARY.—The term ‘Secretary’ means

17 the Secretary of Health and Human Services.

18 ‘‘SEC. 4503. NONSMOKING POLICY FOR CHILDREN’S SERV19 ICES.

20 ‘‘(a) PROHIBITION.—After the date of enactment of the

21 Better Education for Students and Teachers Act, no person

22 receiving funds pursuant to this Act, shall permit smoking

23 within any indoor facility owned or leased or contracted

24 for, and utilized, by such person for provision of routine
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1 or regular kindergarten, elementary, or secondary education

2 or library services to children.

3 ‘‘(b) ADDITIONAL PROHIBITION.—

4 ‘‘(1) IN GENERAL.—After the date of enactment

5 of the Better Education for Students and Teachers

6 Act, no person receiving funds pursuant to this Act,

7 shall permit smoking within any indoor facility (or

8 portion of such a facility) owned or leased or con9 tracted for, and utilized by, such person for the provi10 sion of regular or routine health care or day care or

11 early childhood development (Head Start) services.

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

13 apply to—

14 ‘‘(A) any portion of such facility that is

15 used for inpatient hospital treatment of individ16 uals dependent on, or addicted to, drugs or alco17 hol; and

18 ‘‘(B) any private residence.

19 ‘‘(c) FEDERAL AGENCIES.—

20 ‘‘(1) KINDERGARTEN, ELEMENTARY, OR SEC21 ONDARY EDUCATION OR LIBRARY SERVICES.—After

22 the date of enactment of the Better Education for Stu23 dents and Teachers Act, no Federal agency shall per24 mit smoking within any indoor facility in the United

25 States operated by such agency, directly or by con-
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1 tract, to provide routine or regular kindergarten, ele2 mentary, or secondary education or library services to

3 children.

4 ‘‘(2) HEALTH OR DAY CARE OR EARLY CHILD5 HOOD DEVELOPMENT SERVICES.—

6 ‘‘(A) IN GENERAL.—After the date of enact7 ment of the Better Education for Students and

8 Teachers Act, no Federal agency shall permit

9 smoking within any indoor facility (or portion

10 of such facility) operated by such agency, di11 rectly or by contract, to provide routine or reg12 ular health or day care or early childhood devel13 opment (Head Start) services to children.

14 ‘‘(B) EXCEPTION.—Subparagraph (A) shall

15 not apply to—

16 ‘‘(i) any portion of such facility that is

17 used for inpatient hospital treatment of in18 dividuals dependent on, or addicted to,

19 drugs or alcohol; and

20 ‘‘(ii) any private residence.

21 ‘‘(3) APPLICATION OF PROVISIONS.—The provi22 sions of paragraph (2) shall also apply to the provi23 sion of such routine or regular kindergarten, elemen24 tary or secondary education or library services in the
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1 facilities described in paragraph (2) not subject to

2 paragraph (1).

3 ‘‘(d) NOTICE.—The prohibitions in subsections (a)

4 through (c) shall be published in a notice in the Federal

5 Register by the Secretary (in consultation with the heads

6 of other affected agencies) and by such agency heads in

7 funding arrangements involving the provision of children’s

8 services administered by such heads. Such prohibitions shall

9 be effective 90 days after such notice is published, or 270

10 days after the date of enactment of the Better Education

11 for Students and Teachers Act, whichever occurs first.

12 ‘‘(e) CIVIL PENALTIES.—

13 ‘‘(1) IN GENERAL.—Any failure to comply with

14 a prohibition in this section shall be considered to be

15 a violation of this section and any person subject to

16 such prohibition who commits such violation may be

17 liable to the United States for a civil penalty in an

18 amount not to exceed $1,000 for each violation, or

19 may be subject to an administrative compliance

20 order, or both, as determined by the Secretary. Each

21 day a violation continues shall constitute a separate

22 violation. In the case of any civil penalty assessed

23 under this section, the total amount shall not exceed

24 fifty percent of the amount of Federal funds received

25 under the Better Education for Students and Teachers
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1 Act by such person for the fiscal year in which the

2 continuing violation occurred. For the purpose of the

3 prohibition in subsection (c), the term ‘person’, as

4 used in this paragraph, shall mean the head of the

5 applicable Federal agency or the contractor of such

6 agency providing the services to children.

7 ‘‘(2) ADMINISTRATIVE PROCEEDING.—A civil

8 penalty may be assessed in a written notice, or an

9 administrative compliance order may be issued under

10 paragraph (1), by the Secretary only after an oppor11 tunity for a hearing in accordance with section 554

12 of title 5, United States Code. Before making such as13 sessment or issuing such order, or both, the Secretary

14 shall give written notice of the assessment or order to

15 such person by certified mail with return receipt and

16 provide information in the notice of an opportunity

17 to request in writing, not later than 30 days after the

18 date of receipt of such notice, such hearing. The notice

19 shall reasonably describe the violation and be accom20 panied with the procedures for such hearing and a

21 simple form that may be used to request such hearing

22 if such person desires to use such form. If a hearing

23 is requested, the Secretary shall establish by such cer24 tified notice the time and place for such hearing,

25 which shall be located, to the greatest extent possible,
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1 at a location convenient to such person. The Secretary

2 (or the Secretary’s designee) and such person may

3 consult to arrange a suitable date and location where

4 appropriate.

5 ‘‘(3) CIRCUMSTANCES AFFECTING PENALTY OR

6 ORDER.—In determining the amount of the civil pen7 alty or the nature of the administrative compliance

8 order, the Secretary shall take into account, as

9 appropriate—

10 ‘‘(A) the nature, circumstances, extent, and

11 gravity of the violation;

12 ‘‘(B) with respect to the violator, any good

13 faith efforts to comply, the importance of achiev14 ing early and permanent compliance, the ability

15 to pay or comply, the effect of the penalty or

16 order on the ability to continue operation, any

17 prior history of the same kind of violation, the

18 degree of culpability, and any demonstration of

19 willingness to comply with the prohibitions of

20 this section in a timely manner; and

21 ‘‘(C) such other matters as justice may re22 quire.

23 ‘‘(4) MODIFICATION.—The Secretary may, as ap24 propriate, compromise, modify, or remit, with or

25 without conditions, any civil penalty or administra-
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1 tive compliance order. In the case of a civil penalty,

2 the amount, as finally determined by the Secretary or

3 agreed upon in compromise, may be deducted from

4 any sums that the United States or the agencies or

5 instrumentalities of the United States owe to the per6 son against whom the penalty is assessed.

7 ‘‘(5) PETITION FOR REVIEW.—Any person ag8 grieved by a penalty assessed or an order issued, or

9 both, by the Secretary under this section may file a

10 petition for judicial review of the order with the

11 United States Court of Appeals for the District of Co12 lumbia Circuit or for any other circuit in which the

13 person resides or transacts business. Such person shall

14 provide a copy of the petition to the Secretary or the

15 Secretary’s designee. The petition shall be filed within

16 30 days after the Secretary’s assessment or order, or

17 both, are final and have been provided to such person

18 by certified mail. The Secretary shall promptly pro19 vide to the court a certified copy of the transcript of

20 any hearing held under this section and a copy of the

21 notice or order.

22 ‘‘(6) FAILURE TO COMPLY.—If a person fails to

23 pay an assessment of a civil penalty or comply with

24 an order, after the assessment or order, or both, are

25 final under this section, or after a court has entered
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1 a final judgment under paragraph (5) in favor of the

2 Secretary, the Attorney General, at the request of the

3 Secretary, shall recover the amount of the civil pen4 alty (plus interest at prevailing rates from the day

5 the assessment or order, or both, are final) or enforce

6 the order in an action brought in the appropriate dis7 trict court of the United States. In such action, the

8 validity and appropriateness of the penalty or order

9 or the amount of the penalty shall not be subject to

10 review.

11 ‘‘SEC. 4504. PREEMPTION.

12 ‘‘Nothing in this part is intended to preempt any pro13 vision of law of a State or political subdivision of a State

14 that is more restrictive than a provision of this part.’’.

15 SEC. 407. GRANTS TO REDUCE ALCOHOL ABUSE.

16 Title IV (20 U.S.C. 7101 et seq.) is further amended

17 by adding at the end the following:

18 ‘‘PART F—GRANTS TO REDUCE ALCOHOL ABUSE

19 ‘‘SEC. 4601. GRANTS TO REDUCE ALCOHOL ABUSE.

20 ‘‘(a) IN GENERAL.—The Secretary, in consultation

21 with the Administrator of the Substance Abuse and Mental

22 Health Services Administration, shall award grants, on a

23 competitive basis, to local educational agencies to enable

24 such agencies to develop and implement innovative and ef-
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1 fective programs to reduce alcohol abuse in secondary

2 schools.

3 ‘‘(b) ELIGIBILITY.—To be eligible to receive a grant

4 under subsection (a), a local educational agency shall pre5 pare and submit to the Secretary an application at such

6 time, in such manner, and containing such information as

7 the Secretary may require, including—

8 ‘‘(1) a description of the activities to be carried

9 out under the grant;

10 ‘‘(2) an assurance that such activities will in11 clude 1 or more of the proven strategies for reducing

12 underage alcohol abuse as determined by the Sub13 stance Abuse and Mental Health Services Administra14 tion;

15 ‘‘(3) an explanation of how activities to be car16 ried under the grant that are not described in para17 graph (2) will be effective in reducing underage alco18 hol abuse, including references to the past effectiveness

19 of such activities;

20 ‘‘(4) an assurance that the applicant will submit

21 to the Secretary an annual report concerning the ef22 fectiveness of the programs and activities funded

23 under the grant; and

24 ‘‘(5) such other information as the Secretary de25 termines appropriate.
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1 ‘‘(c) STREAMLINING OF PROCESS FOR LOW-INCOME

2 AND RURAL LEAS.—The Secretary, in consultation with

3 the Administrator of the Substance Abuse and Mental

4 Health Services Administration, shall develop procedures to

5 make the application process for grants under this section

6 more user-friendly, particularly for low-income and rural

7 local educational agencies.

8 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—

9 ‘‘(1) IN GENERAL.—There is authorized to be ap10 propriated to carry out this section, $25,000,000 for

11 fiscal year 2002, and such sums as may be necessary

12 in each of the 6 subsequent fiscal years.

13 ‘‘(2) RESERVATIONS.—

14 ‘‘(A) SAMHSA.—The Secretary shall reserve

15 20 percent of the amount appropriated for each

16 fiscal year under paragraph (1) to enable the

17 Administrator of the Substance Abuse and Men18 tal Health Services Administration to provide

19 alcohol abuse resources and start-up assistance to

20 local educational agencies receiving grants under

21 this section.

22 ‘‘(B) LOW-INCOME AND RURAL AREAS.—The

23 Secretary shall reserve 25 percent of the amount

24 appropriated for each fiscal year under para25 graph (1) to award grants under this section to
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1 low-income and rural local educational agen2 cies.’’.

3 SEC. 408. MENTORING PROGRAMS.

4 (a) IN GENERAL.—Title IV of Elementary and Sec5 ondary Education Act of 1965 is further amended by add6 ing at the end the following:

7 ‘‘PART G—MENTORING PROGRAMS

8 ‘‘SEC. 4701. DEFINITIONS.

9 ‘‘In this part:

10 ‘‘(1) CHILD WITH GREATEST NEED.—The term

11 ‘child with greatest need’ means a child at risk of

12 educational failure, dropping out of school, or involve13 ment in criminal or delinquent activities, or that has

14 lack of strong positive adult role models.

15 ‘‘(2) MENTOR.—The term ‘mentor’ means an in16 dividual who works with a child to provide a positive

17 role model for the child, to establish a supportive rela18 tionship with the child, and to provide the child with

19 academic assistance and exposure to new experiences

20 and examples of opportunity that enhance the ability

21 of the child to become a responsible adult.

22 ‘‘(3) STATE.—The term ‘State’ means each of the

23 several States, the District of Columbia, the Common24 wealth of Puerto Rico, the Virgin Islands, Guam,
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1 American Samoa, and the Commonwealth of the

2 Northern Mariana Islands.

3 ‘‘SEC. 4702. PURPOSES.

4 ‘‘The purposes of this part are to make assistance

5 available to promote mentoring programs for children with

6 greatest need—

7 ‘‘(1) to assist such children in receiving support

8 and guidance from a caring adult;

9 ‘‘(2) to improve the academic performance of

10 such children;

11 ‘‘(3) to improve interpersonal relationships be12 tween such children and their peers, teachers, other

13 adults, and family members;

14 ‘‘(4) to reduce the dropout rate of such children;

15 and

16 ‘‘(5) to reduce juvenile delinquency and involve17 ment in gangs by such children.

18 ‘‘SEC. 4703. GRANT PROGRAM.

19 ‘‘(a) IN GENERAL.—In accordance with this section,

20 the Secretary may make grants to eligible entities to assist

21 such entities in establishing and supporting mentoring pro22 grams and activities that—

23 ‘‘(1) are designed to link children with greatest

24 need (particularly such children living in rural areas,

25 high crime areas, or troubled home environments, or
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1 such children experiencing educational failure) with

2 responsible adults, who—

3 ‘‘(A) have received training and support in

4 mentoring;

5 ‘‘(B) have been screened using appropriate

6 reference checks, child and domestic abuse record

7 checks, and criminal background checks; and

8 ‘‘(C) are interested in working with youth;

9 and

10 ‘‘(2) are intended to achieve 1 or more of the fol11 lowing goals:

12 ‘‘(A) Provide general guidance to children

13 with greatest need.

14 ‘‘(B) Promote personal and social responsi15 bility among children with greatest need.

16 ‘‘(C) Increase participation by children

17 with greatest need in, and enhance their ability

18 to benefit from, elementary and secondary edu19 cation.

20 ‘‘(D) Discourage illegal use of drugs and al21 cohol, violence, use of dangerous weapons, pro22 miscuous behavior, and other criminal, harmful,

23 or potentially harmful activity by children with

24 greatest need.
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1 ‘‘(E) Encourage children with greatest need

2 to participate in community service and commu3 nity activities.

4 ‘‘(F) Encourage children with greatest need

5 to set goals for themselves or to plan for their fu6 tures, including encouraging such children to

7 make graduation from secondary school a goal

8 and to make plans for postsecondary education

9 or training.

10 ‘‘(G) Discourage involvement of children

11 with greatest need in gangs.

12 ‘‘(b) ELIGIBLE ENTITIES.—Each of the following is an

13 entity eligible to receive a grant under subsection (a):

14 ‘‘(1) A local educational agency.

15 ‘‘(2) A nonprofit, community-based organization.

16 ‘‘(3) A partnership between an agency referred to

17 in paragraph (1) and an organization referred to in

18 paragraph (2).

19 ‘‘(c) USE OF FUNDS.—

20 ‘‘(1) IN GENERAL.—Each entity receiving a

21 grant under this section shall use the grant funds for

22 activities that establish or implement a mentoring

23 program, including—

24 ‘‘(A) hiring of mentoring coordinators and

25 support staff;
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1 ‘‘(B) providing for the professional develop2 ment of mentoring coordinators and support

3 staff;

4 ‘‘(C) recruitment, screening, and training of

5 adult mentors;

6 ‘‘(D) reimbursement of schools, if appro7 priate, for the use of school materials or supplies

8 in carrying out the program;

9 ‘‘(E) dissemination of outreach materials;

10 ‘‘(F) evaluation of the program using sci11 entifically based methods; and

12 ‘‘(G) such other activities as the Secretary

13 may reasonably prescribe by rule.

14 ‘‘(2) PROHIBITED USES.—Notwithstanding para15 graph (1), an entity receiving a grant under this sec16 tion may not use the grant funds—

17 ‘‘(A) to directly compensate mentors;

18 ‘‘(B) to obtain educational or other mate19 rials or equipment that would otherwise be used

20 in the ordinary course of the entity’s operations;

21 ‘‘(C) to support litigation of any kind; or

22 ‘‘(D) for any other purpose reasonably pro23 hibited by the Secretary by rule.
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1 ‘‘(d) TERM OF GRANT.—Each grant made under this

2 section shall be available for expenditure for a period of

3 3 years.

4 ‘‘(e) APPLICATION.—Each eligible entity seeking a

5 grant under this section shall submit to the Secretary an

6 application that includes—

7 ‘‘(1) a description of the mentoring plan the ap8 plicant proposes to carry out with such grant;

9 ‘‘(2) information on the children expected to be

10 served by the mentoring program for which such

11 grant is sought;

12 ‘‘(3) a description of the mechanism that appli13 cant will use to match children with mentors based

14 on the needs of the children;

15 ‘‘(4) an assurance that no mentor will be as16 signed to mentor so many children that the assign17 ment would undermine either the mentor’s ability to

18 be an effective mentor or the mentor’s ability to estab19 lish a close relationship (a one-on-one relationship,

20 where practicable) with each mentored child;

21 ‘‘(5) an assurance that mentoring programs will

22 provide children with a variety of experiences and

23 support, including—

24 ‘‘(A) emotional support;

25 ‘‘(B) academic assistance; and
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1 ‘‘(C) exposure to experiences that children

2 might not otherwise encounter on their own;

3 ‘‘(6) an assurance that mentoring programs will

4 be monitored to ensure that each child assigned a

5 mentor benefits from that assignment and that there

6 will be a provision for the assignment of a new men7 tor if the relationship between the original mentor is

8 not beneficial to the child;

9 ‘‘(7) information on the method by which men10 tors and children will be recruited to the mentor pro11 gram;

12 ‘‘(8) information on the method by which pro13 spective mentors will be screened;

14 ‘‘(9) information on the training that will be

15 provided to mentors; and

16 ‘‘(10) information on the system that the appli17 cant will use to manage and monitor information re18 lating to the program’s reference checks, child and do19 mestic abuse record checks, and criminal background

20 checks and to its procedure for matching children

21 with mentors.

22 ‘‘(f) SELECTION.—

23 ‘‘(1) COMPETITIVE BASIS.—In accordance with

24 this subsection, the Secretary shall select grant recipi-
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1 ents from among qualified applicants on a competi2 tive basis.

3 ‘‘(2) PRIORITY.—In selecting grant recipients

4 under paragraph (1), the Secretary shall give priority

5 to each applicant that—

6 ‘‘(A) serves children with greatest need liv7 ing in rural areas, high crime areas, or troubled

8 home environments, or who attend schools with

9 violence problems;

10 ‘‘(B) provides background screening of men11 tors, training of mentors, and technical assist12 ance in carrying out mentoring programs;

13 ‘‘(C) proposes a mentoring program under

14 which each mentor will be assigned to not more

15 children than the mentor can serve effectively; or

16 ‘‘(D) proposes a school-based mentoring pro17 gram.

18 ‘‘(3) OTHER CONSIDERATIONS.—In selecting

19 grant recipients under paragraph (1), the Secretary

20 shall also consider—

21 ‘‘(A) the degree to which the location of the

22 programs proposed by each applicant contributes

23 to a fair distribution of programs with respect to

24 urban and rural locations;
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1 ‘‘(B) the quality of the mentoring programs

2 proposed by each applicant, including—

3 ‘‘(i) the resources, if any, the applicant

4 will dedicate to providing children with op5 portunities for job training or postsec6 ondary education;

7 ‘‘(ii) the degree to which parents,

8 teachers, community-based organizations,

9 and the local community have participated,

10 or will participate, in the design and im11 plementation of the applicant’s mentoring

12 program;

13 ‘‘(iii) the degree to which the applicant

14 can ensure that mentors will develop long15 standing relationships with the children

16 they mentor;

17 ‘‘(iv) the degree to which the applicant

18 will serve children with greatest need in the

19 4th, 5th, 6th, 7th, and 8th grades; and

20 ‘‘(v) the degree to which the program

21 will continue to serve children from the 4th

22 grade through graduation from secondary

23 school; and

24 ‘‘(C) the capability of each applicant to ef25 fectively implement its mentoring program.
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1 ‘‘(4) GRANT TO EACH STATE.—Notwithstanding

2 any other provision of this subsection, in selecting

3 grant recipients under paragraph (1), the Secretary

4 shall select not less than 1 grant recipient from each

5 State for which there is a qualified applicant.

6 ‘‘(g) MODEL SCREENING GUIDELINES.—

7 ‘‘(1) IN GENERAL.—Based on model screening

8 guidelines developed by the Office of Juvenile Pro9 grams of the Department of Justice, the Secretary

10 shall develop and distribute to program participants

11 specific model guidelines for the screening of mentors

12 who seek to participate in programs to be assisted

13 under this part.

14 ‘‘(2) BACKGROUND CHECKS.—The guidelines de15 veloped under this subsection shall include, at a min16 imum, a requirement that potential mentors be sub17 ject to reference checks, child and domestic abuse

18 record checks, and criminal background checks.

19 ‘‘SEC. 4704. STUDY BY GENERAL ACCOUNTING OFFICE.

20 ‘‘(a) IN GENERAL.—The Comptroller General of the

21 United States shall conduct a study to identify successful

22 school-based mentoring programs, and the elements, poli23 cies, or procedures of such programs that can be replicated.

24 ‘‘(b) REPORT.—Not later than 3 years after the date

25 of the enactment of this part, the Comptroller General shall
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1 submit a report to the Secretary and Congress containing

2 the results of the study conducted under this section.

3 ‘‘(c) USE OF INFORMATION.—The Secretary shall use

4 information contained in the report referred to in sub5 section (b)—

6 ‘‘(1) to improve the quality of existing mentoring

7 programs assisted under this part and other men8 toring programs assisted under this Act; and

9 ‘‘(2) to develop models for new programs to be

10 assisted or carried out under this Act.

11 ‘‘SEC. 4705. AUTHORIZATION OF APPROPRIATIONS.

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

13 section 4703 $50,000,000 for fiscal year 2002 and such

14 sums as may be necessary for each of fiscal years 2003

15 through 2006.’’.

16 (b) GRANT FOR TRAINING AND TECHNICAL SUP17 PORT.—

18 (1) IN GENERAL.—The Secretary of Education

19 shall make a grant, in such amount as the Secretary

20 considers appropriate, to Big Brothers Big Sisters of

21 America for the purpose of providing training and

22 technical support to grant recipients under part E of

23 title IV of the Elementary and Secondary Education

24 Act of 1965, as added by subsection (a), through the
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1 existing system regional mentoring development cen2 ters specified in paragraph (2).

3 (2) REGIONAL MENTORING DEVELOPMENT CEN4 TERS.—The regional mentoring development centers

5 referred to in this paragraph are regional mentoring

6 development centers located as follows:

7 (A) In Phoenix, Arizona.

8 (B) In Atlanta, Georgia.

9 (C) In Boston, Massachusetts.

10 (D) In St. Louis, Missouri.

11 (E) In Columbus, Ohio.

12 (F) In Philadelphia, Pennsylvania.

13 (G) In Dallas, Texas.

14 (H) In Seattle, Washington.

15 (3) PURPOSE.—The purpose of the training and

16 technical support provided through the grant under

17 this subsection is to enable grant recipients to design,

18 develop, and implement quality mentoring programs

19 with the capacity to be sustained beyond the term of

20 the grant.

21 (4) SERVICES.—The training and technical sup22 port provided through the grant under this subsection

23 shall include—

24 (A) professional training for staff;

25 (B) program development and management;
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1 (C) strategic fund development;

2 (D) mentor development; and

3 (E) marketing and communications.

4 (5) FUNDING.—Amounts the grant under this

5 subsection shall be derived from the amount author6 ized to be appropriated by section 4705 of the Ele7 mentary and Secondary Education Act of 1965, as

8 added by subsection (a), for fiscal year 2002.

9 SEC. 409. STUDY CONCERNING THE HEALTH AND LEARN10 ING IMPACTS OF DILAPIDATED OR ENVIRON11 MENTALLY UNHEALTHY PUBLIC SCHOOL

12 BUILDINGS ON AMERICA’S CHILDREN AND

13 THE HEALTHY AND HIGH PERFORMANCE

14 SCHOOLS PROGRAM.

15 Title IV, as amended by this title, is further amended

16 by adding at the end the following:

17 ‘‘PART H—MISCELLANEOUS PROVISIONS

18 ‘‘SEC. 4801. STUDY CONCERNING THE HEALTH AND LEARN19 ING IMPACTS OF DILAPIDATED OR ENVIRON20 MENTALLY UNHEALTHY PUBLIC SCHOOL

21 BUILDINGS ON AMERICA’S CHILDREN.

22 ‘‘(a) STUDY AUTHORIZED.—The Secretary of Edu23 cation, in conjunction with the Director of the Centers for

24 Disease Control and Prevention and in consultation with

25 the Administrator of the Environmental Protection Agency
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1 and the Secretary of Energy, shall conduct a study on the

2 health and learning impacts of dilapidated or environ3 mentally unhealthy public school buildings on children that

4 have attended or are attending such schools.

5 ‘‘(b) STUDY SPECIFICATIONS.—The following informa6 tion shall be included in the study conducted under sub7 section (a):

8 ‘‘(1) The characteristics of public elementary and

9 secondary school buildings that contribute to

10 unhealthy school environments, including the preva11 lence of such characteristics in public elementary and

12 secondary school buildings. Such characteristics may

13 include school buildings that—

14 ‘‘(A) have been built on contaminated prop15 erty;

16 ‘‘(B) have poor in-door air quality;

17 ‘‘(C) have high occurrences of mold;

18 ‘‘(D) have ineffective ventilation, heating or

19 cooling systems, inadequate lighting, drinking

20 water that does not meet health-based standards,

21 infestations of rodents, insects, or other animals

22 that may carry or cause disease;

23 ‘‘(E) have dust or debris from crumbling

24 structures or construction efforts; and
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1 ‘‘(F) have been subjected to use of pesticides,

2 insecticides, chemicals, or cleaners, lead-based

3 paint, or asbestos or have radon or other haz4 ardous substances prohibited by Federal or State

5 codes.

6 ‘‘(2) The health and learning impacts of dilapi7 dated or environmental unhealthy public school build8 ings on students that are attending or that have at9 tended a school described in subsection (a), including

10 information on the rates of such impacts where avail11 able. Such health impacts may include higher than

12 expected incidence of injury, infectious disease, or

13 chronic disease, such as asthma, allergies, elevated

14 blood lead levels, behavioral disorders, or ultimately

15 cancer. Such learning impacts may include lower lev16 els of student achievement, inability of students to

17 concentrate, and other educational indicators.

18 ‘‘(3) Recommendations to Congress on how to as19 sist schools that are out of compliance with Federal

20 or State codes or in need of assistance to achieve

21 healthy and safe school environments, how to improve

22 the overall monitoring of public school building

23 health, and a cost estimate of bringing all public

24 schools up to such standards.
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1 ‘‘(4) The identification of the existing gaps in

2 information regarding the health of public elementary

3 and secondary school buildings and the health and

4 learning impacts on students that attend dilapidated

5 or environmentally unhealthy public schools, includ6 ing recommendations for obtaining such information.

7 ‘‘(5) The capacity (such as the district bonded

8 indebtedness or the indebtedness authorized by the dis9 trict electorate and payable from the general property

10 taxes levied by the district) of public schools that are

11 dilapidated or environmentally unhealthy to provide

12 additional funds to meet some or all of the school’s

13 renovation, repair, or construction needs.

14 ‘‘(6) The degree to which funds expended by pub15 lic schools to implement improvements or to address

16 the conditions examined under this study are, or have

17 been, appropriately managed by the legally respon18 sible entities.

19 ‘‘(c) STUDY COMPLETION.—The study under sub20 section (a) shall be completed by the earlier of—

21 ‘‘(1) not later than 18 months after the date of

22 enactment of this Act; or

23 ‘‘(2) not later than December 31, 2002.

24 ‘‘(d) PUBLIC DISSEMINATION.—The Secretary shall

25 make the study under this section available for public con-
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1 sumption through the Educational Resources Information

2 Center National Clearinghouse for Educational Facilities

3 of the Department of Education.

4 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is

5 authorized to be appropriated $2,000,000 for fiscal year

6 2002 for the conduct of the study under subsection (a).

7 ‘‘SEC. 4802. HEALTHY AND HIGH PERFORMANCE SCHOOLS

8 PROGRAM.

9 ‘‘(a) SHORT TITLE.—This section may be cited as the

10 ‘Healthy and High Performance Schools Act of 2001’.

11 ‘‘(b) PURPOSE.—It is the purpose of this section to as12 sist local educational agencies in the production of high per13 formance elementary school and secondary school buildings

14 that are energy-efficient, and environmentally healthy.

15 ‘‘(c) PROGRAM ESTABLISHMENT AND ADMINISTRA16 TION.—

17 ‘‘(1) PROGRAM.—There is established in the De18 partment of Education the High Performance Schools

19 Program (in this section referred to as the ‘Program’).

20 ‘‘(2) GRANTS.—The Secretary, in consultation

21 with the Secretary of Energy and the Administrator

22 of the Environmental Protection Agency, may,

23 through the Program, award grants to State edu24 cational agencies to permit such State educational

25 agencies to carry out paragraph (3).
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1 ‘‘(3) STATE USE OF FUNDS.—

2 ‘‘(A) SUBGRANTS.—

3 ‘‘(i) IN GENERAL.—A State edu4 cational agency receiving a grant under

5 this section shall use the grant funds made

6 available under subsection (d)(1)(A) to

7 award subgrants to local educational agen8 cies to permit such local educational agen9 cies to carry out the activities described in

10 paragraph (4).

11 ‘‘(ii) LIMITATION.—A State edu12 cational agency shall award subgrants

13 under clause (i) to the neediest local edu14 cational agencies as determined by the State

15 and that have made a commitment to use

16 the subgrant funds to develop healthy, high

17 performance school buildings in accordance

18 with the plan developed and approved pur19 suant to clause (iii)(I).

20 ‘‘(iii) IMPLEMENTATION.—

21 ‘‘(I) PLANS.—A State educational

22 agency shall award subgrants under

23 subparagraph (A) only to local edu24 cational agencies that, in consultation

25 with the State educational agency and
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1 State offices with responsibilities relat2 ing to energy and health, have devel3 oped plans that the State educational

4 agency determines to be feasible and

5 appropriate in order to achieve the

6 purposes for which such subgrants are

7 made.

8 ‘‘(II) SUPPLEMENTING GRANT

9 FUNDS.—The State educational agency

10 shall encourage qualifying local edu11 cational agencies to supplement their

12 subgrant funds with funds from other

13 sources in the implementation of their

14 plans.

15 ‘‘(B) ADMINISTRATION.—A State edu16 cational agency receiving a grant under this sec17 tion shall use the grant funds made available

18 under subsection (d)(1)(B)—

19 ‘‘(i) to evaluate compliance by local

20 educational agencies with the requirements

21 of this section;

22 ‘‘(ii) to distribute information and

23 materials on healthy, high performance

24 school buildings for both new and existing

25 facilities;
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1 ‘‘(iii) to organize and conduct pro2 grams for school board members, school dis3 trict personnel, and others to disseminate

4 information on healthy, high performance

5 school buildings;

6 ‘‘(iv) to obtain technical services and

7 assistance in planning and designing

8 healthy, high performance school buildings;

9 and

10 ‘‘(v) to collect and monitor information

11 pertaining to the healthy, high performance

12 school building projects funded under this

13 section.

14 ‘‘(4) LOCAL USE OF FUNDS.—

15 ‘‘(A) IN GENERAL.—A subgrant received by

16 a local educational agency under paragraph

17 (3)(A) shall be used for renovation projects

18 that—

19 ‘‘(i) achieve energy-efficiency perform20 ance that reduces energy use to at least 30

21 percent below that of a school constructed in

22 compliance with standards prescribed in

23 Chapter 8 of the 2000 International Energy

24 Conservation Code, or a similar State code
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1 intended to achieve substantially equivalent

2 results; and

3 ‘‘(ii) achieve environmentally healthy

4 schools in compliance with Federal and

5 State codes intended to achieve healthy and

6 safe school environments.

7 ‘‘(B) EXISTING BUILDINGS.—A local edu8 cational agency receiving a subgrant under

9 paragraph (3)(A) for renovation of existing

10 school buildings shall use such subgrant funds—

11 ‘‘(i) to achieve energy efficiency per12 formance that reduces energy use below the

13 school’s baseline consumption, assuming a

14 3-year, weather-normalized average for cal15 culating such baseline; and

16 ‘‘(ii) to help bring schools into compli17 ance with Federal and State health and

18 safety standards.

19 ‘‘(d) ALLOCATION OF FUNDS.—

20 ‘‘(1) IN GENERAL.—A State receiving a grant

21 under this section shall use—

22 ‘‘(A) not less than 70 percent of such grant

23 funds to carry out subsection (c)(3)(A); and

24 ‘‘(B) not less than 15 percent of such grant

25 funds to carry out subsection (c)(3)(B).
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1 ‘‘(2) RESERVATION.—The Secretary may reserve

2 up to 1 percent per year from amounts appropriated

3 under subsection (f) to assist State educational agen4 cies in coordinating and implementing the Program.

5 ‘‘(e) REPORT TO CONGRESS.—

6 ‘‘(1) IN GENERAL.—The Secretary shall conduct

7 a biennial review of State actions implementing this

8 section, and shall report to Congress on the results of

9 such reviews.

10 ‘‘(2) REVIEWS.—In conducting such reviews, the

11 Secretary shall assess the effectiveness of the calcula12 tion procedures used by State educational agencies in

13 establishing eligibility of local educational agencies

14 for subgrants under this section, and may assess other

15 aspects of the Program to determine whether the as16 pects have been effectively implemented.

17 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are

18 authorized to be appropriated to the Secretary to carry out

19 this section—

20 ‘‘(1) $50,000,000 for fiscal year 2002; and

21 ‘‘(2) such sums as may be necessary for each of

22 fiscal years 2003 through 2011.

23 ‘‘(g) DEFINITIONS.—In this section:

24 ‘‘(1) HEALTHY, HIGH PERFORMANCE SCHOOL

25 BUILDING.—The term ‘healthy, high performance
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1 school building’ means a school building which, in its

2 design, construction, operation, and maintenance,

3 maximizes use of renewable energy and energy-effi4 cient practices, is cost-effective, uses affordable, envi5 ronmentally preferable, durable materials, enhances

6 indoor environmental quality, and protects and con7 serves water.

8 ‘‘(2) RENEWABLE ENERGY.—The term ‘renewable

9 energy’ means energy produced by solar, wind, geo10 thermal, hydroelectric, or biomass power.

11 ‘‘(h) LIMITATIONS.—No funds received under this sec12 tion may be used for—

13 ‘‘(1) payment of maintenance of costs in connec14 tion with any projects constructed in whole or in part

15 with Federal funds provided under this Act;

16 ‘‘(2) the construction of new school facilities;

17 ‘‘(3) stadiums or other facilities primarily used

18 for athletic contests or exhibitions or other events for

19 which admission is charged to the general public.

20 SEC. 410. AMENDMENT TO THE INDIVIDUALS WITH DISABIL21 ITIES EDUCATION ACT.

22 Part D of the Individuals with Disabilities Education

23 Act (20 U.S.C. 1451 et seq.) is amended by adding at the

24 end the following:
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1 ‘‘Chapter 3—Improving Early Intervention, Edu2 cational, and Transitional Services and Results

3 for Children with Disabilities Through the Provi4 sion of Certain Services

5 ‘‘SEC. 691. FINDINGS.

6 ‘‘Congress makes the following findings:

7 ‘‘(1) Approximately 1,000,000 children and

8 youth in the United States have low-incidence disabil9 ities which affects the hearing, vision, movement, emo10 tional, and intellectual capabilities of such children

11 and youth.

12 ‘‘(2) There are 15 States that do not offer or

13 maintain teacher training programs for any of the 3

14 categories of low-incidence disabilities. The 3 cat15 egories are deafness, blindness, and severe disabilities.

16 ‘‘(3) There are 38 States in which teacher train17 ing programs are not offered or maintained for 1 or

18 more of the 3 categories of low-incidence disabilities.

19 ‘‘(4) The University of Northern Colorado is in

20 a unique position to provide expertise, materials, and

21 equipment to other schools and educators across the

22 Nation to train current and future teachers to educate

23 individuals that are challenged by low-incidence dis24 abilities.
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1 ‘‘SEC. 692. NATIONAL CENTER FOR LOW-INCIDENCE DIS2 ABILITIES.

3 ‘‘In order to fill the national need for teachers trained

4 to educate children who are challenged with low-incidence

5 disabilities, the University of Northern Colorado shall be

6 designated as a National Center for Low-Incidence Disabil7 ities.

8 ‘‘SEC. 693. SPECIAL EDUCATION TEACHER TRAINING PRO9 GRAMS.

10 ‘‘(a) GRANT.—The Secretary shall award a grant to

11 the University of Northern Colorado to enable such univer12 sity to provide to institutions of higher education across

13 the Nation such services that are offered under the special

14 education teacher training program carried out by such

15 university, such as providing educational materials or other

16 information necessary in order to aid in such teacher train17 ing.

18 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There

19 are authorized to be appropriated to carry out this section,

20 $2,000,000 for fiscal year 2002, and $1,000,000 for each

21 of the fiscal years 2003 through 2005.’’.

22 TITLE V—PUBLIC SCHOOL

23 CHOICE AND FLEXIBILITY

24 SEC. 501. PUBLIC SCHOOL CHOICE AND FLEXIBILITY.

25 Title V (20 U.S.C. 7301 et seq.) is amended to read

26 as follows:
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1 ‘‘TITLE V—PUBLIC SCHOOL

2 CHOICE AND FLEXIBILITY

3 ‘‘PART A—PUBLIC SCHOOL CHOICE

4 ‘‘Subpart 1—Charter Schools

5 ‘‘SEC. 5111. PURPOSE.

6 ‘‘It is the purpose of this subpart to increase national

7 understanding of the charter schools model by—

8 ‘‘(1) providing financial assistance for the plan9 ning, program design and initial implementation of

10 charter schools;

11 ‘‘(2) evaluating the effects of such schools, includ12 ing the effects on students, student achievement, staff,

13 and parents; and

14 ‘‘(3) expanding the number of high-quality char15 ter schools available to students across the Nation.

16 ‘‘SEC. 5112. PROGRAM AUTHORIZED.

17 ‘‘(a) IN GENERAL.—The Secretary may award grants

18 to State educational agencies having applications approved

19 pursuant to section 5113 to enable such agencies to conduct

20 a charter school grant program in accordance with this sub21 part.

22 ‘‘(b) SPECIAL RULE.—If a State educational agency

23 elects not to participate in the program authorized by this

24 subpart or does not have an application approved under

25 section 5113, the Secretary may award a grant to an eligi-
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1 ble applicant that serves such State and has an application

2 approved pursuant to section 5113(c).

3 ‘‘(c) PROGRAM PERIODS.—

4 ‘‘(1) GRANTS TO STATES.—Grants awarded to

5 State educational agencies under this subpart shall be

6 awarded for a period of not more than 3 years.

7 ‘‘(2) GRANTS TO ELIGIBLE APPLICANTS.—Grants

8 awarded by the Secretary to eligible applicants or

9 subgrants awarded by State educational agencies to

10 eligible applicants under this subpart shall be award11 ed for a period of not more than 3 years, of which

12 the eligible applicant may use—

13 ‘‘(A) not more than 18 months for planning

14 and program design;

15 ‘‘(B) not more than 2 years for the initial

16 implementation of a charter school; and

17 ‘‘(C) not more than 2 years to carry out

18 dissemination activities described in section

19 5114(f)(6)(B).

20 ‘‘(d) LIMITATION.—A charter school may not receive—

21 ‘‘(1) more than one grant for activities described

22 in subparagraphs (A) and (B) of subsection (c)(2); or

23 ‘‘(2) more than one grant for activities under

24 subparagraph (C) of subsection (c)(2).

25 ‘‘(e) PRIORITY TREATMENT.—
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1 ‘‘(1) IN GENERAL.—In awarding grants under

2 this subpart for fiscal year 2002 or any succeeding

3 fiscal year from any funds appropriated under sec4 tion 5121, the Secretary shall give priority to States

5 to the extent that the States meet the criteria de6 scribed in paragraph (2) and one or more of the cri7 teria described in subparagraph (A), (B), or (C) of

8 paragraph (3).

9 ‘‘(2) REVIEW AND EVALUATION PRIORITY CRI10 TERIA.—The criteria referred to in paragraph (1) is

11 that the State provides for periodic review and eval12 uation by the authorized public chartering agency of

13 each charter school, at least once every 5 years unless

14 required more frequently by State law, to determine

15 whether the charter school is meeting the terms of the

16 school’s charter, and is meeting or exceeding the aca17 demic performance requirements and goals for charter

18 schools as set forth under State law or the school’s

19 charter.

20 ‘‘(3) PRIORITY CRITERIA.—The criteria referred

21 to in paragraph (1) are the following:

22 ‘‘(A) The State has demonstrated progress,

23 in increasing the number of high quality charter

24 schools that are held accountable in the terms of

25 the schools’ charters for meeting clear and meas-
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1 urable objectives for the educational progress of

2 the students attending the schools, in the period

3 prior to the period for which a State educational

4 agency or eligible applicant applies for a grant

5 under this subpart.

6 ‘‘(B) The State—

7 ‘‘(i) provides for one authorized public

8 chartering agency that is not a local edu9 cational agency, such as a State chartering

10 board, for each individual or entity seeking

11 to operate a charter school pursuant to such

12 State law; or

13 ‘‘(ii) in the case of a State in which

14 local educational agencies are the only au15 thorized public chartering agencies, allows

16 for an appeals process for the denial of an

17 application for a charter school.

18 ‘‘(C) The State ensures that each charter

19 school has a high degree of autonomy over the

20 charter school’s budgets and expenditures.

21 ‘‘(f) AMOUNT CRITERIA.—In determining the amount

22 of a grant to be awarded under this subpart to a State edu23 cational agency, the Secretary shall take into consideration

24 the number of charter schools that are operating, or are ap25 proved to open, in the State.
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1 ‘‘SEC. 5113. APPLICATIONS.

2 ‘‘(a) APPLICATIONS FROM STATE AGENCIES.—Each

3 State educational agency desiring a grant from the Sec4 retary under this subpart shall submit to the Secretary an

5 application at such time, in such manner, and containing

6 or accompanied by such information as the Secretary may

7 require.

8 ‘‘(b) CONTENTS OF A STATE EDUCATIONAL AGENCY

9 APPLICATION.—Each application submitted pursuant to

10 subsection (a) shall—

11 ‘‘(1) describe the objectives of the State edu12 cational agency’s charter school grant program and a

13 description of how such objectives will be fulfilled, in14 cluding steps taken by the State educational agency

15 to inform teachers, parents, and communities of the

16 State educational agency’s charter school grant pro17 gram; and

18 ‘‘(2) describe how the State educational agency—

19 ‘‘(A) will inform each charter school in the

20 State regarding—

21 ‘‘(i) Federal funds that the charter

22 school is eligible to receive; and

23 ‘‘(ii) Federal programs in which the

24 charter school may participate;

25 ‘‘(B) will ensure that each charter school in

26 the State receives the charter school’s commensu-
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1 rate share of Federal education funds that are

2 allocated by formula each year, including during

3 the first year of operation of the charter school;

4 and

5 ‘‘(C) will disseminate best or promising

6 practices of charter schools to each local edu7 cational agency in the State; and

8 ‘‘(3) contain assurances that the State edu9 cational agency will require each eligible applicant

10 desiring to receive a subgrant to submit an applica11 tion to the State educational agency containing—

12 ‘‘(A) a description of the educational pro13 gram to be implemented by the proposed charter

14 school, including—

15 ‘‘(i) how the program will enable all

16 students to meet challenging State student

17 performance standards;

18 ‘‘(ii) the grade levels or ages of children

19 to be served; and

20 ‘‘(iii) the curriculum and instructional

21 practices to be used;

22 ‘‘(B) a description of how the charter school

23 will be managed;

24 ‘‘(C) a description of—
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1 ‘‘(i) the objectives of the charter school;

2 and

3 ‘‘(ii) the methods by which the charter

4 school will determine its progress toward

5 achieving those objectives;

6 ‘‘(D) a description of the administrative re7 lationship between the charter school and the au8 thorized public chartering agency;

9 ‘‘(E) a description of how parents and other

10 members of the community will be involved in

11 the planning, program design and implementa12 tion of the charter school;

13 ‘‘(F) a description of how the authorized

14 public chartering agency will provide for contin15 ued operation of the school once the Federal

16 grant has expired, if such agency determines that

17 the school has met the objectives described in sub18 paragraph (C)(i);

19 ‘‘(G) a request and justification for waivers

20 of any Federal statutory or regulatory provisions

21 that the applicant believes are necessary for the

22 successful operation of the charter school, and a

23 description of any State or local rules, generally

24 applicable to public schools, that will be waived

25 for, or otherwise not apply to, the school;
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1 ‘‘(H) a description of how the subgrant

2 funds or grant funds, as appropriate, will be

3 used, including a description of how such funds

4 will be used in conjunction with other Federal

5 programs administered by the Secretary;

6 ‘‘(I) a description of how students in the

7 community will be—

8 ‘‘(i) informed about the charter school;

9 and

10 ‘‘(ii) given an equal opportunity to at11 tend the charter school;

12 ‘‘(J) an assurance that the eligible appli13 cant will annually provide the Secretary and the

14 State educational agency such information as

15 may be required to determine if the charter

16 school is making satisfactory progress toward

17 achieving the objectives described in subpara18 graph (C)(i);

19 ‘‘(K) an assurance that the applicant will

20 cooperate with the Secretary and the State edu21 cational agency in evaluating the program as22 sisted under this subpart;

23 ‘‘(L) a description of how a charter school

24 that is considered a local educational agency

25 under State law, or a local educational agency
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1 in which a charter school is located, will comply

2 with sections 613(a)(5) and 613(e)(1)(B) of the

3 Individuals with Disabilities Education Act;

4 ‘‘(M) if the eligible applicant desires to use

5 subgrant funds for dissemination activities

6 under section 5112(c)(2)(C), a description of

7 those activities and how those activities will in8 volve charter schools and other public schools,

9 local educational agencies, developers, and poten10 tial developers; and

11 ‘‘(N) such other information and assurances

12 as the Secretary and the State educational agen13 cy may require.

14 ‘‘(c) CONTENTS OF ELIGIBLE APPLICANT APPLICA15 TION.—Each eligible applicant desiring a grant pursuant

16 to section 5112(b) shall submit an application to the State

17 educational agency or Secretary, respectively, at such time,

18 in such manner, and accompanied by such information as

19 the State educational agency or Secretary, respectively,

20 may reasonably require.

21 ‘‘(d) CONTENTS OF APPLICATION.—Each application

22 submitted pursuant to subsection (c) shall contain—

23 ‘‘(1) the information and assurances described in

24 subparagraphs (A) through (N) of subsection (b)(3),

25 except that for purposes of this subsection subpara-
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1 graphs (J), (K), and (N) of such subsection shall be

2 applied by striking ‘and the State educational agen3 cy’ each place such term appears; and

4 ‘‘(2) assurances that the State educational

5 agency—

6 ‘‘(A) will grant, or will obtain, waivers of

7 State statutory or regulatory requirements; and

8 ‘‘(B) will assist each subgrantee in the State

9 in receiving a waiver under section 5114(e).

10 ‘‘SEC. 5114. ADMINISTRATION.

11 ‘‘(a) SELECTION CRITERIA FOR STATE EDUCATIONAL

12 AGENCIES.—The Secretary shall award grants to State edu13 cational agencies under this subpart on the basis of the

14 quality of the applications submitted under section 5113(b),

15 after taking into consideration such factors as—

16 ‘‘(1) the contribution that the charter schools

17 grant program will make to assisting educationally

18 disadvantaged and other students to achieving State

19 content standards and State student performance

20 standards and, in general, a State’s education im21 provement plan;

22 ‘‘(2) the degree of flexibility afforded by the State

23 educational agency to charter schools under the

24 State’s charter schools law;
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1 ‘‘(3) the ambitiousness of the objectives for the

2 State charter school grant program;

3 ‘‘(4) the quality of the strategy for assessing

4 achievement of those objectives;

5 ‘‘(5) the likelihood that the charter school grant

6 program will meet those objectives and improve edu7 cational results for students;

8 ‘‘(6) the number of high quality charter schools

9 created under this subpart in the State; and

10 ‘‘(7) in the case of State educational agencies

11 that propose to use grant funds to support dissemina12 tion activities under section 5112(c)(2)(C), the qual13 ity of those activities and the likelihood that those ac14 tivities will improve student achievement.

15 ‘‘(b) SELECTION CRITERIA FOR ELIGIBLE APPLI16 CANTS.—The Secretary shall award grants to eligible appli17 cants under this subpart on the basis of the quality of the

18 applications submitted under section 5113(c), after taking

19 into consideration such factors as—

20 ‘‘(1) the quality of the proposed curriculum and

21 instructional practices;

22 ‘‘(2) the degree of flexibility afforded by the State

23 educational agency and, if applicable, the local edu24 cational agency to the charter school;
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1 ‘‘(3) the extent of community support for the ap2 plication;

3 ‘‘(4) the ambitiousness of the objectives for the

4 charter school;

5 ‘‘(5) the quality of the strategy for assessing

6 achievement of those objectives;

7 ‘‘(6) the likelihood that the charter school will

8 meet those objectives and improve educational results

9 for students; and

10 ‘‘(7) in the case of an eligible applicant that pro11 poses to use grant funds to support dissemination ac12 tivities under section 5112(c)(2)(C), the quality of

13 those activities and the likelihood that those activities

14 will improve student achievement.

15 ‘‘(c) PEER REVIEW.—The Secretary, and each State

16 educational agency receiving a grant under this subpart,

17 shall use a peer review process to review applications for

18 assistance under this subpart.

19 ‘‘(d) DIVERSITY OF PROJECTS.—The Secretary and

20 each State educational agency receiving a grant under this

21 subpart, shall award subgrants under this subpart in a

22 manner that, to the extent possible, ensures that such grants

23 and subgrants—
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1 ‘‘(1) are distributed throughout different areas of

2 the Nation and each State, including urban and rural

3 areas; and

4 ‘‘(2) will assist charter schools representing a va5 riety of educational approaches, such as approaches

6 designed to reduce school size.

7 ‘‘(e) WAIVERS.—The Secretary may waive any statu8 tory or regulatory requirement over which the Secretary ex9 ercises administrative authority except any such require10 ment relating to the elements of a charter school described

11 in section 5120(1), if—

12 ‘‘(1) the waiver is requested in an approved ap13 plication under this subpart; and

14 ‘‘(2) the Secretary determines that granting such

15 a waiver will promote the purpose of this subpart.

16 ‘‘(f) USE OF FUNDS.—

17 ‘‘(1) STATE EDUCATIONAL AGENCIES.—Each

18 State educational agency receiving a grant under this

19 subpart shall use such grant funds to award sub20 grants to one or more eligible applicants in the State

21 to enable such applicant to plan and implement a

22 charter school in accordance with this subpart, except

23 that the State educational agency may reserve not

24 more than 10 percent of the grant funds to support

25 dissemination activities described in paragraph (6).
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1 ‘‘(2) ELIGIBLE APPLICANTS.—Each eligible ap2 plicant receiving funds from the Secretary or a State

3 educational agency shall use such funds to plan and

4 implement a charter school, or to disseminate infor5 mation about the charter school and successful prac6 tices in the charter school, in accordance with this

7 subpart.

8 ‘‘(3) ALLOWABLE ACTIVITIES.—An eligible appli9 cant receiving a grant or subgrant under this subpart

10 may use the grant or subgrant funds only for—

11 (A) post-award planning and design of the

12 educational program, which may include—

13 ‘‘(i) refinement of the desired edu14 cational results and of the methods for

15 measuring progress toward achieving those

16 results; and

17 ‘‘(ii) professional development of teach18 ers and other staff who will work in the

19 charter school; and

20 ‘‘(B) initial implementation of the charter

21 school, which may include—

22 ‘‘(i) informing the community about

23 the school;

24 ‘‘(ii) acquiring necessary equipment

25 and educational materials and supplies;
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1 ‘‘(iii) acquiring or developing cur2 riculum materials; and

3 ‘‘(iv) other initial operational costs

4 that cannot be met from State or local

5 sources.

6 ‘‘(4) ADMINISTRATIVE EXPENSES.—Each State

7 educational agency receiving a grant pursuant to this

8 subpart may reserve not more than 5 percent of such

9 grant funds for administrative expenses associated

10 with the charter school grant program assisted under

11 this subpart.

12 ‘‘(5) REVOLVING LOAN FUNDS.—Each State edu13 cational agency receiving a grant pursuant to this

14 subpart may reserve not more than 10 percent of the

15 grant amount for the establishment of a revolving

16 loan fund. Such fund may be used to make loans to

17 eligible applicants that have received a subgrant

18 under this subpart, under such terms as may be deter19 mined by the State educational agency, for the initial

20 operation of the charter school grant program of such

21 recipient until such time as the recipient begins re22 ceiving ongoing operational support from State or

23 local financing sources.

24 ‘‘(6) DISSEMINATION.—
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1 ‘‘(A) IN GENERAL.—A charter school may

2 apply for funds under this subpart, whether or

3 not the charter school has applied for or received

4 funds under this subpart for planning, program

5 design, or implementation, to carry out the ac6 tivities described in subparagraph (B) if the

7 charter school has been in operation for at least

8 3 consecutive years and has demonstrated overall

9 success, including—

10 ‘‘(i) substantial progress in improving

11 student achievement;

12 ‘‘(ii) high levels of parent satisfaction;

13 and

14 ‘‘(iii) the management and leadership

15 necessary to overcome initial start-up prob16 lems and establish a thriving, financially

17 viable charter school.

18 ‘‘(B) ACTIVITIES.—A charter school de19 scribed in subparagraph (A) may use funds re20 served under paragraph (1) to assist other

21 schools in adapting the charter school’s program

22 (or certain aspects of the charter school’s pro23 gram), or to disseminate information about the

24 charter school, through such activities as—
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1 ‘‘(i) assisting other individuals with

2 the planning and start-up of one or more

3 new public schools, including charter

4 schools, that are independent of the assist5 ing charter school and the assisting charter

6 school’s developers, and that agree to be held

7 to at least as high a level of accountability

8 as the assisting charter school;

9 ‘‘(ii) developing partnerships with

10 other public schools, including charter

11 schools, designed to improve student per12 formance in each of the schools partici13 pating in the partnership;

14 ‘‘(iii) developing curriculum materials,

15 assessments, and other materials that pro16 mote increased student achievement and are

17 based on successful practices within the as18 sisting charter school; and

19 ‘‘(iv) conducting evaluations and devel20 oping materials that document the success21 ful practices of the assisting charter school

22 and that are designed to improve student

23 performance in other schools.

24 ‘‘(g) TRIBALLY CONTROLLED SCHOOLS.—Each State

25 that receives a grant under this subpart and designates a
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1 tribally controlled school as a charter school shall not con2 sider payments to a school under the Tribally Controlled

3 Schools Act of 1988 (25 U.S.C. 2507) in determining—

4 ‘‘(1) the eligibility of the school to receive any

5 other Federal, State, or local aid; or

6 ‘‘(2) the amount of such aid.

7 ‘‘SEC. 5115. NATIONAL ACTIVITIES.

8 ‘‘(a) IN GENERAL.—The Secretary shall reserve for

9 each fiscal year the greater of 5 percent or $5,000,000 of

10 the amount appropriated to carry out this subpart, except

11 that in no fiscal year shall the total amount so reserved

12 exceed $8,000,000, to carry out the following activities:

13 ‘‘(1) To provide charter schools, either directly or

14 through State educational agencies, with—

15 ‘‘(A) information regarding—

16 ‘‘(i) Federal funds that charter schools

17 are eligible to receive; and

18 ‘‘(ii) other Federal programs in which

19 charter schools may participate; and

20 ‘‘(B) assistance in applying for Federal

21 education funds that are allocated by formula,

22 including assistance with filing deadlines and

23 submission of applications.
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1 ‘‘(2) To provide for the completion of the 4-year

2 national study (which began in 1995) of charter

3 schools.

4 ‘‘(3) To provide for other evaluations or studies

5 that include the evaluation of the impact of charter

6 schools on student achievement, including information

7 regarding—

8 ‘‘(A) students attending charter schools re9 ported on the basis of race, age, disability, gen10 der, limited English proficiency, and previous

11 enrollment in public school; and

12 ‘‘(B) the professional qualifications of teach13 ers within a charter school and the turnover of

14 the teaching force.

15 ‘‘(4) To provide—

16 ‘‘(A) information to applicants for assist17 ance under this subpart;

18 ‘‘(B) assistance to applicants for assistance

19 under this subpart with the preparation of ap20 plications under section 5113;

21 ‘‘(C) assistance in the planning and startup

22 of charter schools;

23 ‘‘(D) training and technical assistance to

24 existing charter schools; and
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1 ‘‘(E) for the dissemination to other public

2 schools of best or promising practices in charter

3 schools.

4 ‘‘(5) To provide (including through the use of one

5 or more contracts that use a competitive bidding

6 process) for the collection of information regarding the

7 financial resources available to charter schools, in8 cluding access to private capital, and to widely dis9 seminate to charter schools any such relevant infor10 mation and model descriptions of successful pro11 grams.

12 ‘‘(b) CONSTRUCTION.—Nothing in this section shall be

13 construed to require charter schools to collect any data de14 scribed in subsection (a).

15 ‘‘SEC. 5116. FEDERAL FORMULA ALLOCATION DURING

16 FIRST YEAR AND FOR SUCCESSIVE ENROLL17 MENT EXPANSIONS.

18 ‘‘(a) IN GENERAL.—For purposes of the allocation to

19 schools by the States or their agencies of funds under part

20 A of title I, and any other Federal funds which the Sec21 retary allocates to States on a formula basis, the Secretary

22 and each State educational agency shall take such measures

23 not later than 6 months after the date of the enactment of

24 the Charter School Expansion Act of 1998 as are necessary

25 to ensure that every charter school receives the Federal fund-
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1 ing for which the charter school is eligible not later than

2 5 months after the charter school first opens, notwith3 standing the fact that the identity and characteristics of

4 the students enrolling in that charter school are not fully

5 and completely determined until that charter school actu6 ally opens. The measures similarly shall ensure that every

7 charter school expanding its enrollment in any subsequent

8 year of operation receives the Federal funding for which the

9 charter school is eligible not later than 5 months after such

10 expansion.

11 ‘‘(b) ADJUSTMENT AND LATE OPENINGS.—

12 ‘‘(1) IN GENERAL.—The measures described in

13 subsection (a) shall include provision for appropriate

14 adjustments, through recovery of funds or reduction of

15 payments for the succeeding year, in cases where pay16 ments made to a charter school on the basis of esti17 mated or projected enrollment data exceed the

18 amounts that the school is eligible to receive on the

19 basis of actual or final enrollment data.

20 ‘‘(2) RULE.—For charter schools that first open

21 after November 1 of any academic year, the State, in

22 accordance with guidance provided by the Secretary

23 and applicable Federal statutes and regulations, shall

24 ensure that such charter schools that are eligible for

25 the funds described in subsection (a) for such aca-
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1 demic year have a full and fair opportunity to receive

2 those funds during the charter schools’ first year of

3 operation.

4 ‘‘SEC. 5117. SOLICITATION OF INPUT FROM CHARTER

5 SCHOOL OPERATORS.

6 ‘‘To the extent practicable, the Secretary shall ensure

7 that administrators, teachers, and other individuals di8 rectly involved in the operation of charter schools are con9 sulted in the development of any rules or regulations re10 quired to implement this subpart, as well as in the develop11 ment of any rules or regulations relevant to charter schools

12 that are required to implement part A of title I, the Individ13 uals with Disabilities Education Act (20 U.S.C. 1400 et

14 seq.), or any other program administered by the Secretary

15 that provides education funds to charter schools or regulates

16 the activities of charter schools.

17 ‘‘SEC. 5118. RECORDS TRANSFER.

18 ‘‘State educational agencies and local educational

19 agencies, to the extent practicable, shall ensure that a stu20 dent’s records and, if applicable, a student’s individualized

21 education program as defined in section 602(11) of the In22 dividuals with Disabilities Education Act, are transferred

23 to a charter school upon the transfer of the student to the

24 charter school, and to another public school upon the trans-
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1 fer of the student from a charter school to another public

2 school, in accordance with applicable State law.

3 ‘‘SEC. 5119. PAPERWORK REDUCTION.

4 ‘‘To the extent practicable, the Secretary and each au5 thorized public chartering agency shall ensure that imple6 mentation of this subpart results in a minimum of paper7 work for any eligible applicant or charter school.

8 ‘‘SEC. 5120. DEFINITIONS.

9 ‘‘In this subpart:

10 ‘‘(1) CHARTER SCHOOL.—The term ‘charter

11 school’ means a public school that—

12 ‘‘(A) in accordance with a specific State

13 statute authorizing the granting of charters to

14 schools, is exempted from significant State or

15 local rules that inhibit the flexible operation and

16 management of public schools, but not from any

17 rules relating to the other requirements of this

18 paragraph;

19 ‘‘(B) is created by a developer as a public

20 school, or is adapted by a developer from an ex21 isting public school, and is operated under pub22 lic supervision and direction;

23 ‘‘(C) operates in pursuit of a specific set of

24 educational objectives determined by the school’s
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1 developer and agreed to by the authorized public

2 chartering agency;

3 ‘‘(D) provides a program of elementary or

4 secondary education, or both;

5 ‘‘(E) is nonsectarian in its programs, ad6 missions policies, employment practices, and all

7 other operations, and is not affiliated with a sec8 tarian school or religious institution;

9 ‘‘(F) does not charge tuition;

10 ‘‘(G) complies with the Age Discrimination

11 Act of 1975, title VI of the Civil Rights Act of

12 1964, title IX of the Education Amendments of

13 1972, section 504 of the Rehabilitation Act of

14 1973, and part B of the Individuals with Dis15 abilities Education Act;

16 ‘‘(H) is a school to which parents choose to

17 send their children, and that admits students on

18 the basis of a lottery, if more students apply for

19 admission than can be accommodated;

20 ‘‘(I) agrees to comply with the same Federal

21 and State audit requirements as do other elemen22 tary schools and secondary schools in the State,

23 unless such requirements are specifically waived

24 for the purpose of this program;
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1 ‘‘(J) meets all applicable Federal, State,

2 and local health and safety requirements;

3 ‘‘(K) operates in accordance with State law;

4 and

5 ‘‘(L) has a written performance contract

6 with the authorized public chartering agency in

7 the State that includes a description of how stu8 dent performance will be measured in charter

9 schools pursuant to State assessments that are

10 required of other schools and pursuant to any

11 other assessments mutually agreeable to the au12 thorized public chartering agency and the char13 ter school.

14 ‘‘(2) DEVELOPER.—The term ‘developer’ means

15 an individual or group of individuals (including a

16 public or private nonprofit organization), which may

17 include teachers, administrators and other school

18 staff, parents, or other members of the local commu19 nity in which a charter school project will be carried

20 out.

21 ‘‘(3) ELIGIBLE APPLICANT.—The term ‘eligible

22 applicant’ means an authorized public chartering

23 agency participating in a partnership with a devel24 oper to establish a charter school in accordance with

25 this subpart.
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1 ‘‘(4) AUTHORIZED PUBLIC CHARTERING AGEN2 CY.—The term ‘authorized public chartering agency’

3 means a State educational agency, local educational

4 agency, or other public entity that has the authority

5 pursuant to State law and approved by the Secretary

6 to authorize or approve a charter school.

7 ‘‘SEC. 5121. AUTHORIZATION OF APPROPRIATIONS.

8 ‘‘For the purpose of carrying out this subpart, there

9 are authorized to be appropriated $190,000,000 for fiscal

10 year 2002 and such sums as may be necessary for each of

11 the 6 succeeding fiscal years.

12 ‘‘Subpart 2—Magnet Schools Assistance

13 ‘‘SEC. 5131. FINDINGS AND STATEMENT OF PURPOSE.

14 ‘‘(a) FINDINGS.—Congress makes the following find15 ings:

16 ‘‘(1) Magnet schools are a significant part of our

17 Nation’s effort to achieve voluntary desegregation of

18 our Nation’s schools.

19 ‘‘(2) It is in the national interest to continue the

20 Federal Government’s support of school districts that

21 are implementing court-ordered desegregation plans

22 and school districts that are voluntarily seeking to

23 foster meaningful interaction among students of dif24 ferent racial and ethnic backgrounds.
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1 ‘‘(3) Desegregation can help ensure that all stu2 dents have equitable access to high-quality education

3 that will prepare them to function well in a techno4 logically oriented and highly competitive society com5 prised of people from many different racial and eth6 nic backgrounds.

7 ‘‘(4) It is in the national interest to desegregate

8 and diversify those schools in our Nation that are ra9 cially, economically, linguistically, or ethnically seg10 regated. Such segregation exists between minority and

11 non-minority students as well as among students of

12 different minority groups.

13 ‘‘(b) STATEMENT OF PURPOSE.—The purpose of this

14 subpart is to assist in the desegregation of schools served

15 by local educational agencies by providing financial assist16 ance to eligible local educational agencies for—

17 ‘‘(1) the elimination, reduction, or prevention of

18 minority group isolation in elementary schools and

19 secondary schools with substantial proportions of mi20 nority students which shall assist in the efforts of the

21 United States to achieve voluntary desegregation in

22 public schools;

23 ‘‘(2) the development and implementation of

24 magnet school projects that will assist local edu25 cational agencies in achieving systemic reforms and
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1 providing all students the opportunity to meet chal2 lenging State and local content standards and chal3 lenging State and local student performance stand4 ards;

5 ‘‘(3) the development and design of innovative

6 educational methods and practices;

7 ‘‘(4) courses of instruction within magnet schools

8 that will substantially strengthen the knowledge of

9 academic subjects and the grasp of tangible and mar10 ketable vocational, technological and career skills of

11 students attending such schools;

12 ‘‘(5) improving the capacity of local educational

13 agencies, including through professional development,

14 to continue operating magnet schools at a high per15 formance level after Federal funding is terminated;

16 and

17 ‘‘(6) ensuring that all students enrolled in the

18 magnet school program have equitable access to high

19 quality education that will enable the students to suc20 ceed academically and continue with post secondary

21 education or productive employment.

22 ‘‘SEC. 5132. PROGRAM AUTHORIZED.

23 ‘‘The Secretary, in accordance with this subpart, is au24 thorized to make grants to eligible local educational agen25 cies, and consortia of such agencies where appropriate, to
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1 carry out the purpose of this subpart for magnet schools

2 that are—

3 ‘‘(1) part of an approved desegregation plan;

4 and

5 ‘‘(2) designed to bring students from different so6 cial, economic, ethnic, and racial backgrounds to7 gether.

8 ‘‘SEC. 5133. DEFINITION.

9 ‘‘For the purpose of this subpart, the term ‘magnet

10 school’ means a public elementary school or secondary

11 school or a public elementary or secondary education center

12 that offers a special curriculum capable of attracting sub13 stantial numbers of students of different racial backgrounds.

14 ‘‘SEC. 5134. ELIGIBILITY.

15 ‘‘A local educational agency, or consortium of such

16 agencies where appropriate, is eligible to receive assistance

17 under this subpart to carry out the purposes of this subpart

18 if such agency or consortium—

19 ‘‘(1) is implementing a plan undertaken pursu20 ant to a final order issued by a court of the United

21 States, or a court of any State, or any other State

22 agency or official of competent jurisdiction, that re23 quires the desegregation of minority-group-segregated

24 children or faculty in the elementary schools and sec25 ondary schools of such agency; or
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1 ‘‘(2) without having been required to do so, has

2 adopted and is implementing, or will, if assistance is

3 made available to such local educational agency or

4 consortium of such agencies under this subpart, adopt

5 and implement a plan that has been approved by the

6 Secretary as adequate under title VI of the Civil

7 Rights Act of 1964 for the desegregation of minority8 group-segregated children or faculty in such schools.

9 ‘‘SEC. 5135. APPLICATIONS AND REQUIREMENTS.

10 ‘‘(a) APPLICATIONS.—An eligible local educational

11 agency or consortium of such agencies desiring to receive

12 assistance under this subpart shall submit an application

13 to the Secretary at such time, in such manner, and con14 taining such information and assurances as the Secretary

15 may reasonably require.

16 ‘‘(b) INFORMATION AND ASSURANCES.—Each such ap17 plication shall include—

18 ‘‘(1) a description of—

19 ‘‘(A) how assistance made available under

20 this subpart will be used to promote desegrega21 tion, including how the proposed magnet school

22 project will increase interaction among students

23 of different social, economic, ethnic, and racial

24 backgrounds;
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1 ‘‘(B) the manner and extent to which the

2 magnet school project will increase student

3 achievement in the instructional area or areas

4 offered by the school;

5 ‘‘(C) how an applicant will continue the

6 magnet school project after assistance under this

7 subpart is no longer available, including, if ap8 plicable, an explanation of why magnet schools

9 established or supported by the applicant with

10 funds under this subpart cannot be continued

11 without the use of funds under this subpart;

12 ‘‘(D) how funds under this subpart will be

13 used to implement services and activities that

14 are consistent with other programs under this

15 Act, and other Acts, as appropriate, in accord16 ance with the provisions of section 5506; and

17 ‘‘(E) the criteria to be used in selecting stu18 dents to attend the proposed magnet school

19 project; and

20 ‘‘(2) assurances that the applicant will—

21 ‘‘(A) use funds under this subpart for the

22 purposes specified in section 5131(b);

23 ‘‘(B) employ State certified or licensed

24 teachers in the courses of instruction assisted

25 under this subpart to teach or supervise others
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1 who are teaching the subject matter of the courses

2 of instruction;

3 ‘‘(C) not engage in discrimination based on

4 race, religion, color, national origin, sex, or dis5 ability in—

6 ‘‘(i) the hiring, promotion, or assign7 ment of employees of the agency or other

8 personnel for whom the agency has any ad9 ministrative responsibility;

10 ‘‘(ii) the assignment of students to

11 schools, or to courses of instruction within

12 the school, of such agency, except to carry

13 out the approved plan; and

14 ‘‘(iii) designing or operating extra15 curricular activities for students;

16 ‘‘(D) carry out a high-quality education

17 program that will encourage greater parental de18 cisionmaking and involvement; and

19 ‘‘(E) give students residing in the local at20 tendance area of the proposed magnet school

21 project equitable consideration for placement in

22 the project, consistent with desegregation guide23 lines and the capacity of the project to accommo24 date these students.
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1 ‘‘(c) SPECIAL RULE.—No application may be ap2 proved under this section unless the Assistant Secretary of

3 Education for Civil Rights determines that the assurances

4 described in subsection (b)(2)(C) will be met.

5 ‘‘SEC. 5136. PRIORITY.

6 ‘‘In approving applications under this subpart, the

7 Secretary shall give priority to applicants that—

8 ‘‘(1) demonstrate the greatest need for assistance,

9 based on the expense or difficulty of effectively car10 rying out an approved desegregation plan and the

11 projects for which assistance is sought;

12 ‘‘(2) propose to carry out new magnet school

13 projects, or significantly revise existing magnet school

14 projects;

15 ‘‘(3) propose to select students to attend magnet

16 school projects by methods such as lottery, rather than

17 through academic examination;

18 ‘‘(4) propose to implement innovative edu19 cational approaches that are consistent with the State

20 and local content and student performance standards;

21 and

22 ‘‘(5) propose activities, which may include pro23 fessional development, that will build local capacity

24 to operate the magnet school program once Federal

25 assistance has terminated.
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1 ‘‘SEC. 5137. USE OF FUNDS.

2 ‘‘(a) IN GENERAL.—Grant funds made available under

3 this subpart may be used by an eligible local educational

4 agency or consortium of such agencies—

5 ‘‘(1) for planning and promotional activities di6 rectly related to the development, expansion, continu7 ation, or enhancement of academic programs and

8 services offered at magnet schools;

9 ‘‘(2) for the acquisition of books, materials, and

10 equipment, including computers and the maintenance

11 and operation thereof, necessary for the conduct of

12 programs in magnet schools;

13 ‘‘(3) for the payment, or subsidization of the

14 compensation, of elementary school and secondary

15 school teachers who are certified or licensed by the

16 State, and instructional staff where applicable, who

17 are necessary for the conduct of programs in magnet

18 schools;

19 ‘‘(4) with respect to a magnet school program of20 fered to less than the entire student population of a

21 school, for instructional activities that—

22 ‘‘(A) are designed to make available the spe23 cial curriculum that is offered by the magnet

24 school project to students who are enrolled in the

25 school but who are not enrolled in the magnet

26 school program; and
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1 ‘‘(B) further the purposes of this subpart;

2 ‘‘(5) to include professional development, which

3 professional development shall build the agency’s or

4 consortium’s capacity to operate the magnet school

5 once Federal assistance has terminated;

6 ‘‘(6) to enable the local educational agency or

7 consortium to have more flexibility in the administra8 tion of a magnet school program in order to serve stu9 dents attending a school who are not enrolled in a

10 magnet school program; and

11 ‘‘(7) to enable the local educational agency or

12 consortium to have flexibility in designing magnet

13 schools for students at all grades.

14 ‘‘(b) SPECIAL RULE.—Grant funds under this subpart

15 may be used in accordance with paragraphs (2) and (3)

16 of subsection (a) only if the activities described in such

17 paragraphs are directly related to improving the students’

18 reading skills or knowledge of mathematics, science, history,

19 geography, English, foreign languages, art, or music, or to

20 improving vocational, technological and career skills.

21 ‘‘SEC. 5138. PROHIBITION.

22 ‘‘Grants under this subpart may not be used for trans23 portation or any activity that does not augment academic

24 improvement.
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1 ‘‘SEC. 5139. LIMITATIONS.

2 ‘‘(a) DURATION OF AWARDS.—A grant under this sub3 part shall be awarded for a period that shall not exceed

4 3 fiscal years.

5 ‘‘(b) LIMITATION ON PLANNING FUNDS.—A local edu6 cational agency may expend for planning (professional de7 velopment shall not be considered as planning for purposes

8 of this subsection) not more than 50 percent of the funds

9 received under this subpart for the first year of the project,

10 25 percent of such funds for the second such year, and 15

11 percent of such funds for the third such year.

12 ‘‘(c) AMOUNT.—No local educational agency or consor13 tium awarded a grant under this subpart shall receive more

14 than $4,000,000 under this subpart in any 1 fiscal year.

15 ‘‘(d) TIMING.—To the extent practicable, the Secretary

16 shall award grants for any fiscal year under this subpart

17 not later than June 1 of the applicable fiscal year.

18 ‘‘SEC. 5140. INNOVATIVE PROGRAMS.

19 ‘‘(a) IN GENERAL.—From amounts reserved under

20 subsection (d) for each fiscal year, the Secretary shall award

21 grants to local educational agencies or consortia of such

22 agencies described in section 5134 to enable such agencies

23 or consortia to conduct innovative programs that—

24 ‘‘(1) involve innovative strategies other than

25 magnet schools, such as neighborhood or community
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1 model schools, to support desegregation of schools and

2 to reduce achievement gaps;

3 ‘‘(2) assist in achieving systemic reforms and

4 providing all students the opportunity to meet chal5 lenging State and local content standards and chal6 lenging State and local student performance stand7 ards; and

8 ‘‘(3) include innovative educational methods and

9 practices that—

10 ‘‘(A) are organized around a special empha11 sis, theme, or concept; and

12 ‘‘(B) involve extensive parent and commu13 nity involvement.

14 ‘‘(b) APPLICABILITY.—Sections 5131(b), 5132, 5135,

15 5136, and 5137, shall not apply to grants awarded under

16 subsection (a).

17 ‘‘(c) APPLICATIONS.—Each local educational agency

18 or consortia of such agencies desiring a grant under this

19 section shall submit an application to the Secretary at such

20 time, in such manner, and containing such information

21 and assurances as the Secretary may reasonably require.

22 ‘‘(d) INNOVATIVE PROGRAMS.—The Secretary shall re23 serve not more than 5 percent of the funds appropriated

24 under section 5142(a) for each fiscal year to award grants

25 under this section.
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1 ‘‘SEC. 5141. EVALUATIONS.

2 ‘‘(a) RESERVATION.—The Secretary may reserve not

3 more than 2 percent of the funds appropriated under section

4 5142(a) for any fiscal year to carry out evaluations of

5 projects assisted under this subpart and to provide technical

6 assistance for grant recipients under this subpart.

7 ‘‘(b) CONTENTS.—Each evaluation described in sub8 section (a), at a minimum, shall address—

9 ‘‘(1) how and the extent to which magnet school

10 programs lead to educational quality and improve11 ment;

12 ‘‘(2) the extent to which magnet school programs

13 enhance student access to quality education;

14 ‘‘(3) the extent to which magnet school programs

15 lead to the elimination, reduction, or prevention of

16 minority group isolation in elementary schools and

17 secondary schools with substantial proportions of mi18 nority students;

19 ‘‘(4) the extent to which magnet school programs

20 differ from other school programs in terms of the or21 ganizational characteristics and resource allocations

22 of such magnet school programs; and

23 ‘‘(5) the extent to which magnet school programs

24 continue once grant assistance under this subpart is

25 terminated.
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1 ‘‘(c) DISSEMINATION.—The Secretary shall collect and

2 disseminate to the general public information on successful

3 magnet school programs.

4 ‘‘SEC. 5142. AUTHORIZATION OF APPROPRIATIONS; RES5 ERVATION.

6 ‘‘(a) AUTHORIZATION.—For the purpose of carrying

7 out this subpart, there are authorized to be appropriated

8 $125,000,000 for fiscal year 2002 and such sums as may

9 be necessary for each of the 6 succeeding fiscal years.

10 ‘‘(b) AVAILABILITY OF FUNDS FOR GRANTS TO AGEN11 CIES NOT PREVIOUSLY ASSISTED.—In any fiscal year for

12 which the amount appropriated pursuant to subsection (a)

13 exceeds $75,000,000, the Secretary shall give priority to

14 using such amounts in excess of $75,000,000 to award

15 grants to local educational agencies or consortia of such

16 agencies that did not receive a grant under this subpart

17 in the preceding fiscal year.

18 ‘‘Subpart 3—Public School Choice

19 ‘‘SEC. 5151. PUBLIC SCHOOL CHOICE.

20 ‘‘(a) ALLOTMENT TO STATE.—From the amount ap21 propriated under subsection (e) for a fiscal year, the Sec22 retary shall allot to each State an amount that bears the

23 same relation to the amount as the amount the State re24 ceived under section 1122 for the preceding year bears to
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1 the amount received by all States under section 1122 for

2 the preceding year.

3 ‘‘(b) STATE USE OF FUNDS.—Each State receiving an

4 allotment under subsection (a) shall use 100 percent of the

5 allotted funds for allocations to local educational agencies

6 to enable the local educational agencies to carry out school

7 improvement under section 1116(c).

8 ‘‘(c) PUBLIC SCHOOL CHOICE.—Subject to subsection

9 (d), each local educational agency receiving an allocation

10 under subsection (b), and each local educational agency that

11 is within a State that receives funds under part A of title

12 I (other than a local educational agency within a State that

13 receives a minimum grant under section 1124(d) or

14 1124A(a)(1)(B) of such Act), shall provide all students en15 rolled in a school identified under section 1116(c) and

16 served by the local educational agency with the option to

17 transfer to another public school within the school district

18 served by the local educational agency, including a public

19 charter school, that has not been identified for school im20 provement under section 1116(c), unless such option to

21 transfer is prohibited by State law or local law (which in22 cludes school board-approved local educational agency pol23 icy).

24 ‘‘(d) SPECIAL RULE.—If a local educational agency

25 demonstrates to the satisfaction of the State educational
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1 agency that the local educational agency lacks the capacity

2 to provide all students with the option to transfer to another

3 public school within the school district served by the local

4 educational agency in accordance with subsection (c), and

5 gives notice (consistent with State and local law) to the par6 ents of children affected that it is not possible to accommo7 date the transfer request of every student, then the local edu8 cational agency shall permit as many students as possible

9 (who shall be selected by the local educational agency on

10 an equitable basis) to transfer to a public school within such

11 school district that has not been identified for school im12 provement under section 1116(c).

13 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are

14 authorized to be appropriated to carry out this section

15 $225,000,000 for fiscal year 2002 and each of the 6 suc16 ceeding fiscal years.’’.

17 ‘‘PART B—FLEXIBILITY

18 ‘‘Subpart 1—Education Flexibility Partnerships

19 ‘‘SEC. 5201. SHORT TITLE.

20 ‘‘This subpart may be cited as the ‘Education Flexi21 bility Partnership Act of 2001’.

22 ‘‘SEC. 5202. DEFINITIONS.

23 ‘‘In this subpart:

24 ‘‘(1) ELIGIBLE SCHOOL ATTENDANCE AREA;

25 SCHOOL ATTENDANCE AREA.—The terms ‘eligible
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1 school attendance area’ and ‘school attendance area’

2 have the meanings given the terms in section

3 1113(a)(2).

4 ‘‘(2) STATE.—The term ‘State’ means each of the

5 several States of the United States, the District of Co6 lumbia, the Commonwealth of Puerto Rico, and each

7 outlying area.

8 ‘‘SEC. 5203. EDUCATION FLEXIBILITY PARTNERSHIP.

9 ‘‘(a) EDUCATIONAL FLEXIBILITY PROGRAM.—

10 ‘‘(1) PROGRAM AUTHORIZED.—

11 ‘‘(A) IN GENERAL.—The Secretary may

12 carry out an educational flexibility program

13 under which the Secretary authorizes a State

14 educational agency that serves an eligible State

15 to waive statutory or regulatory requirements

16 applicable to one or more programs described in

17 subsection (b), other than requirements described

18 in subsection (c), for any local educational agen19 cy or school within the State.

20 ‘‘(B) DESIGNATION.—Each eligible State

21 participating in the program described in sub22 paragraph (A) shall be known as an ‘Ed-Flex

23 Partnership State’.

24 ‘‘(2) ELIGIBLE STATE.—For the purpose of this

25 section the term ‘eligible State’ means a State that—
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1 ‘‘(A) has—

2 ‘‘(i) developed and implemented the

3 challenging State content standards, chal4 lenging State student performance stand5 ards, and aligned assessments described in

6 section 1111(b), and for which local edu7 cational agencies in the State are producing

8 the individual school performance profiles

9 required by section 1116(a)(3); or

10 ‘‘(ii)(I) developed and implemented the

11 content standards described in clause (i);

12 ‘‘(II) developed and implemented in13 terim assessments; and

14 ‘‘(III) made substantial progress (as

15 determined by the Secretary) toward devel16 oping and implementing the performance

17 standards and final aligned assessments de18 scribed in clause (i), and toward having

19 local educational agencies in the State

20 produce the profiles described in clause (i);

21 ‘‘(B) holds local educational agencies and

22 schools accountable for meeting the educational

23 goals described in the local applications sub24 mitted under paragraph (4), and for engaging in

25 technical assistance and corrective actions con-
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1 sistent with section 1116, for the local edu2 cational agencies and schools that do not make

3 adequate yearly progress as described in section

4 1111(b)(2); and

5 ‘‘(C) waives State statutory or regulatory

6 requirements relating to education while holding

7 local educational agencies or schools within the

8 State that are affected by such waivers account9 able for the performance of the students who are

10 affected by such waivers.

11 ‘‘(3) STATE APPLICATION.—

12 ‘‘(A) IN GENERAL.—Each State educational

13 agency desiring to participate in the educational

14 flexibility program under this section shall sub15 mit an application to the Secretary at such time,

16 in such manner, and containing such informa17 tion as the Secretary may reasonably require.

18 Each such application shall demonstrate that the

19 eligible State has adopted an educational flexi20 bility plan for the State that includes—

21 ‘‘(i) a description of the process the

22 State educational agency will use to evalu23 ate applications from local educational

24 agencies or schools requesting waivers of—
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1 ‘‘(I) Federal statutory or regu2 latory requirements as described in

3 paragraph (1)(A); and

4 ‘‘(II) State statutory or regulatory

5 requirements relating to education;

6 ‘‘(ii) a detailed description of the State

7 statutory and regulatory requirements relat8 ing to education that the State educational

9 agency will waive;

10 ‘‘(iii) a description of clear educational

11 objectives the State intends to meet under

12 the educational flexibility plan;

13 ‘‘(iv) a description of how the edu14 cational flexibility plan is consistent with

15 and will assist in implementing the State

16 comprehensive reform plan or, if a State

17 does not have a comprehensive reform plan,

18 a description of how the educational flexi19 bility plan is coordinated with activities de20 scribed in section 1111(b);

21 ‘‘(v) a description of how the State

22 educational agency will evaluate, consistent

23 with the requirements of title I, the per24 formance of students in the schools and local
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1 educational agencies affected by the waivers;

2 and

3 ‘‘(vi) a description of how the State

4 educational agency will meet the require5 ments of paragraph (8).

6 ‘‘(B) APPROVAL AND CONSIDERATIONS.—

7 The Secretary may approve an application de8 scribed in subparagraph (A) only if the Sec9 retary determines that such application dem10 onstrates substantial promise of assisting the

11 State educational agency and affected local edu12 cational agencies and schools within the State in

13 carrying out comprehensive educational reform,

14 after considering—

15 ‘‘(i) the eligibility of the State as de16 scribed in paragraph (2);

17 ‘‘(ii) the comprehensiveness and qual18 ity of the educational flexibility plan de19 scribed in subparagraph (A);

20 ‘‘(iii) the ability of the educational

21 flexibility plan to ensure accountability for

22 the activities and goals described in such

23 plan;
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1 ‘‘(iv) the degree to which the State’s ob2 jectives described in subparagraph

3 (A)(iii)—

4 ‘‘(I) are clear and have the ability

5 to be assessed; and

6 ‘‘(II) take into account the per7 formance of local educational agencies

8 or schools, and students, particularly

9 those affected by waivers;

10 ‘‘(v) the significance of the State statu11 tory or regulatory requirements relating to

12 education that will be waived; and

13 ‘‘(vi) the quality of the State edu14 cational agency’s process for approving ap15 plications for waivers of Federal statutory

16 or regulatory requirements as described in

17 paragraph (1)(A) and for monitoring and

18 evaluating the results of such waivers.

19 ‘‘(4) LOCAL APPLICATION.—

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

21 agency or school requesting a waiver of a Federal

22 statutory or regulatory requirement as described

23 in paragraph (1)(A) and any relevant State

24 statutory or regulatory requirement from a State

25 educational agency shall submit an application
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1 to the State educational agency at such time, in

2 such manner, and containing such information

3 as the State educational agency may reasonably

4 require. Each such application shall—

5 ‘‘(i) indicate each Federal program af6 fected and each statutory or regulatory re7 quirement that will be waived;

8 ‘‘(ii) describe the purposes and overall

9 expected results of waiving each such re10 quirement;

11 ‘‘(iii) describe, for each school year,

12 specific, measurable, educational goals for

13 each local educational agency or school af14 fected by the proposed waiver, and for the

15 students served by the local educational

16 agency or school who are affected by the

17 waiver;

18 ‘‘(iv) explain why the waiver will as19 sist the local educational agency or school

20 in reaching such goals; and

21 ‘‘(v) in the case of an application from

22 a local educational agency, describe how the

23 local educational agency will meet the re24 quirements of paragraph (8).
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1 ‘‘(B) EVALUATION OF APPLICATIONS.—A

2 State educational agency shall evaluate an ap3 plication submitted under subparagraph (A) in

4 accordance with the State’s educational flexi5 bility plan described in paragraph (3)(A).

6 ‘‘(C) APPROVAL.—A State educational

7 agency shall not approve an application for a

8 waiver under this paragraph unless—

9 ‘‘(i) the local educational agency or

10 school requesting such waiver has developed

11 a local reform plan that is applicable to

12 such agency or school, respectively;

13 ‘‘(ii) the waiver of Federal statutory or

14 regulatory requirements as described in

15 paragraph (1)(A) will assist the local edu16 cational agency or school in reaching its

17 educational goals, particularly goals with

18 respect to school and student performance;

19 and

20 ‘‘(iii) the State educational agency is

21 satisfied that the underlying purposes of the

22 statutory requirements of each program for

23 which a waiver is granted will continue to

24 be met.
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1 ‘‘(D) TERMINATION.—The State educational

2 agency shall annually review the performance of

3 any local educational agency or school granted a

4 waiver of Federal statutory or regulatory re5 quirements as described in paragraph (1)(A) in

6 accordance with the evaluation requirement de7 scribed in paragraph (3)(A)(v), and shall termi8 nate any waiver granted to the local educational

9 agency or school if the State educational agency

10 determines, after notice and an opportunity for

11 a hearing, that the local educational agency or

12 school’s performance with respect to meeting the

13 accountability requirement described in para14 graph (2)(C) and the goals described in para15 graph (4)(A)(iii)—

16 ‘‘(i) has been inadequate to justify con17 tinuation of such waiver; or

18 ‘‘(ii) has decreased for two consecutive

19 years, unless the State educational agency

20 determines that the decrease in performance

21 was justified due to exceptional or uncon22 trollable circumstances.

23 ‘‘(5) OVERSIGHT AND REPORTING.—

24 ‘‘(A) OVERSIGHT.—Each State educational

25 agency participating in the educational flexi-
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1 bility program under this section shall annually

2 monitor the activities of local educational agen3 cies and schools receiving waivers under this sec4 tion.

5 ‘‘(B) STATE REPORTS.—

6 ‘‘(i) ANNUAL REPORTS.—The State

7 educational agency shall submit to the Sec8 retary an annual report on the results of

9 such oversight and the impact of the waiv10 ers on school and student performance.

11 ‘‘(ii) PERFORMANCE DATA.—Not later

12 than 2 years after the date a State is des13 ignated an Ed-Flex Partnership State, each

14 such State shall include, as part of the

15 State’s annual report submitted under

16 clause (i), data demonstrating the degree to

17 which progress has been made toward meet18 ing the State’s educational objectives. The

19 data, when applicable, shall include—

20 ‘‘(I) information on the total

21 number of waivers granted for Federal

22 and State statutory and regulatory re23 quirements under this section, includ24 ing the number of waivers granted for

25 each type of waiver;
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1 ‘‘(II) information describing the

2 effect of the waivers on the implemen3 tation of State and local educational

4 reforms pertaining to school and stu5 dent performance;

6 ‘‘(III) information describing the

7 relationship of the waivers to the per8 formance of schools and students af9 fected by the waivers; and

10 ‘‘(IV) an assurance from State

11 program managers that the data re12 ported under this section are reliable,

13 complete, and accurate, as defined by

14 the State, or a description of a plan

15 for improving the reliability, complete16 ness, and accuracy of such data as de17 fined by the State.

18 ‘‘(C) SECRETARY’S REPORTS.—The Sec19 retary, not later than 2 years after the date of

20 enactment of the Education Flexibility Partner21 ship Act of 1999 and annually thereafter, shall—

22 ‘‘(i) make each State report submitted

23 under subparagraph (B) available to Con24 gress and the public; and
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1 ‘‘(ii) submit to Congress a report that

2 summarizes the State reports and describes

3 the effects that the educational flexibility

4 program under this section had on the im5 plementation of State and local educational

6 reforms and on the performance of students

7 affected by the waivers.

8 ‘‘(6) DURATION OF FEDERAL WAIVERS.—

9 ‘‘(A) IN GENERAL.—The Secretary shall not

10 approve the application of a State educational

11 agency under paragraph (3) for a period exceed12 ing 5 years, except that the Secretary may ex13 tend such period if the Secretary determines that

14 such agency’s authority to grant waivers—

15 ‘‘(i) has been effective in enabling such

16 State or affected local educational agencies

17 or schools to carry out their State or local

18 reform plans and to continue to meet the

19 accountability requirement described in

20 paragraph (2)(C); and

21 ‘‘(ii) has improved student perform22 ance.

23 ‘‘(B) PERFORMANCE REVIEW.—Three years

24 after the date a State is designated an Ed-Flex

25 Partnership State, the Secretary shall review the
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1 performance of the State educational agency in

2 granting waivers of Federal statutory or regu3 latory requirements as described in paragraph

4 (1)(A) and shall terminate such agency’s author5 ity to grant such waivers if the Secretary deter6 mines, after notice and an opportunity for a

7 hearing, that such agency’s performance (includ8 ing performance with respect to meeting the ob9 jectives described in paragraph (3)(A)(iii)) has

10 been inadequate to justify continuation of such

11 authority.

12 ‘‘(C) RENEWAL.—In deciding whether to ex13 tend a request for a State educational agency’s

14 authority to issue waivers under this section, the

15 Secretary shall review the progress of the State

16 educational agency to determine if the State edu17 cational agency—

18 ‘‘(i) has made progress toward achiev19 ing the objectives described in the applica20 tion submitted pursuant to paragraph

21 (3)(A)(iii); and

22 ‘‘(ii) demonstrates in the request that

23 local educational agencies or schools affected

24 by the waiver authority or waivers have

25 made progress toward achieving the desired
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1 results described in the application sub2 mitted pursuant to paragraph (4)(A)(iii).

3 ‘‘(7) AUTHORITY TO ISSUE WAIVERS.—Notwith4 standing any other provision of law, the Secretary is

5 authorized to carry out the educational flexibility

6 program under this section for each of the fiscal years

7 2002 through 2008.

8 ‘‘(8) PUBLIC NOTICE AND COMMENT.—Each

9 State educational agency seeking waiver authority

10 under this section and each local educational agency

11 seeking a waiver under this section—

12 ‘‘(A) shall provide the public with adequate

13 and efficient notice of the proposed waiver au14 thority or waiver, consisting of a description of

15 the agency’s application for the proposed waiver

16 authority or waiver in a widely read or distrib17 uted medium, including a description of any im18 proved student performance that is expected to

19 result from the waiver authority or waiver;

20 ‘‘(B) shall provide the opportunity for par21 ents, educators, and all other interested members

22 of the community to comment regarding the pro23 posed waiver authority or waiver;

24 ‘‘(C) shall provide the opportunity described

25 in subparagraph (B) in accordance with any ap-
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1 plicable State law specifying how the comments

2 may be received, and how the comments may be

3 reviewed by any member of the public; and

4 ‘‘(D) shall submit the comments received

5 with the agency’s application to the Secretary or

6 the State educational agency, as appropriate.

7 ‘‘(b) INCLUDED PROGRAMS.—The statutory or regu8 latory requirements referred to in subsection (a)(1)(A) are

9 any such requirements for programs carried out under the

10 following provisions:

11 ‘‘(1) Title I (other than subsections (a) and (c)

12 of section 1116, subpart 2 of part B, and part F).

13 ‘‘(2) Subparts 1, 2, and 3 of part A of title II.

14 ‘‘(3) Part C of title II.

15 ‘‘(4) Part C of title III.

16 ‘‘(5) Part A of title IV.

17 ‘‘(6) Subpart 4 of this part.

18 ‘‘(7) The Carl D. Perkins Vocational and Tech19 nical Education Act of 1998.

20 ‘‘(c) WAIVERS NOT AUTHORIZED.—The Secretary and

21 the State educational agency may not waive under sub22 section (a)(1)(A) any statutory or regulatory requirement—

23 ‘‘(1) relating to—

24 ‘‘(A) maintenance of effort;

25 ‘‘(B) comparability of services;
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1 ‘‘(C) equitable participation of students and

2 professional staff in private schools;

3 ‘‘(D) parental participation and involve4 ment;

5 ‘‘(E) distribution of funds to States or to

6 local educational agencies;

7 ‘‘(F) serving eligible school attendance areas

8 in rank order under section 1113(a)(3);

9 ‘‘(G) the selection of a school attendance

10 area or school under subsections (a) and (b) of

11 section 1113, except that a State educational

12 agency may grant a waiver to allow a school at13 tendance area or school to participate in activi14 ties under part A of title I if the percentage of

15 children from low-income families in the school

16 attendance area of such school or who attend

17 such school is not less than 10 percentage points

18 below the lowest percentage of such children for

19 any school attendance area or school of the local

20 educational agency that meets the requirements

21 of such subsections (a) and (b);

22 ‘‘(H) use of Federal funds to supplement,

23 not supplant, non-Federal funds; and

24 ‘‘(I) applicable civil rights requirements;

25 and
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1 ‘‘(2) unless the underlying purposes of the statu2 tory requirements of the program for which a waiver

3 is granted continue to be met to the satisfaction of the

4 Secretary.

5 ‘‘(d) TREATMENT OF EXISTING ED-FLEX PARTNER6 SHIP STATES.—

7 ‘‘(1) IN GENERAL.—Except as provided in para8 graphs (3) and (4), this section shall not apply to a

9 State educational agency that has been granted waiv10 er authority under the provisions of law described in

11 paragraph (2) (as such provisions were in effect on

12 the day before the date of enactment of the Better

13 Education for Students and Teachers Act) for the du14 ration of the waiver authority.

15 ‘‘(2) APPLICABLE PROVISIONS.—The provisions

16 of law referred to in paragraph (1) are as follows:

17 ‘‘(A) Section 311(e) of the Goals 2000: Edu18 cate America Act (as such section was in effect

19 on the day before the date of enactment of the

20 Better Education for Students and Teachers

21 Act).

22 ‘‘(B) The proviso referring to such section

23 311(e) under the heading ‘EDUCATION REFORM’

24 in the Department of Education Appropriations
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1 Act, 1996 (Public Law 104–134; 110 Stat. 1321–

2 229).

3 ‘‘(3) SPECIAL RULE.—If a State educational

4 agency granted waiver authority pursuant to the pro5 visions of law described in subparagraph (A) or (B)

6 of paragraph (2) applies to the Secretary for waiver

7 authority under this section—

8 ‘‘(A) the Secretary shall review the progress

9 of the State educational agency in achieving the

10 objectives set forth in the application submitted

11 pursuant to section 311(e) of the Goals 2000:

12 Educate America Act (as such section was in ef13 fect on the day before the date of enactment of

14 the Better Education for Students and Teachers

15 Act); and

16 ‘‘(B) the Secretary shall administer the

17 waiver authority granted under this section in

18 accordance with the requirements of this section.

19 ‘‘(4) TECHNOLOGY.—In the case of a State edu20 cational agency granted waiver authority under the

21 provisions of law described in subparagraph (A) or

22 (B) of paragraph (2), the Secretary shall permit a

23 State educational agency to expand, on or after the

24 date of enactment of the Better Education for Stu-
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1 dents and Teachers Act, the waiver authority to in2 clude programs under part C of title II.

3 ‘‘(e) PUBLICATION.—A notice of the Secretary’s deci4 sion to authorize State educational agencies to issue waivers

5 under this section, including a description of the rationale

6 the Secretary used to approve applications under subsection

7 (a)(3)(B), shall be published in the Federal Register and

8 the Secretary shall provide for the dissemination of such

9 notice to State educational agencies, interested parties (in10 cluding educators, parents, students, and advocacy and

11 civil rights organizations), and the public.

12 ‘‘Subpart 2—Rural Education Initiative

13 ‘‘SEC. 5221. SHORT TITLE.

14 ‘‘This subpart may be cited as the ‘Rural Education

15 Achievement Program’.

16 ‘‘SEC. 5222. PURPOSE.

17 ‘‘It is the purpose of this subpart to address the unique

18 needs of rural school districts that frequently—

19 ‘‘(1) lack the personnel and resources needed to

20 compete for Federal competitive grants; and

21 ‘‘(2) receive formula allocations in amounts too

22 small to be effective in meeting their intended pur23 poses.
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1 ‘‘SEC. 5223. AUTHORIZATION OF APPROPRIATIONS.

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

3 this subpart—

4 ‘‘(1) to carry out chapter 1—

5 ‘‘(A) $150,000,000 for fiscal year 2002; and

6 ‘‘(B) such sums as may be necessary for

7 each of the 6 succeeding fiscal years; and

8 ‘‘(2) to carry out chapter 2—

9 ‘‘(A) $150,000,000 for fiscal year 2002; and

10 ‘‘(B) such sums as may be necessary for

11 each of the 6 succeeding fiscal years.

12 ‘‘Chapter 1—Small, Rural School Achievement

13 Program

14 ‘‘SEC. 5231. FORMULA GRANT PROGRAM AUTHORIZED.

15 ‘‘(a) ALTERNATIVE USES.—

16 ‘‘(1) IN GENERAL.—Notwithstanding any other

17 provision of law, an eligible local educational agency

18 may use the applicable funding, that the agency is el19 igible to receive from the State educational agency for

20 a fiscal year, to carry out activities described in sec21 tion 1114, 1115, 1116, 2123, 4116, or 5331(b).

22 ‘‘(2) NOTIFICATION.—An eligible local edu23 cational agency shall notify the State educational

24 agency of the local educational agency’s intention to

25 use the applicable funding in accordance with para-
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1 graph (1) not later than a date that is established by

2 the State educational agency for the notification.

3 ‘‘(b) ELIGIBILITY.—A local educational agency shall be

4 eligible to use the applicable funding in accordance with

5 subsection (a) if—

6 ‘‘(1)(A) the total number of students in average

7 daily attendance at all of the schools served by the

8 local educational agency is less than 600; or

9 ‘‘(B) each county in which a school served by the

10 local educational agency is located has a total popu11 lation density of less than 10 persons per square mile;

12 and

13 ‘‘(2) all of the schools served by the local edu14 cational agency are designated with a School Locale

15 Code of 7 or 8, as determined by the Secretary, except

16 that the Secretary may waive the School Locale Code

17 requirement of this paragraph if the Secretary deter18 mines, based on certification provided by the local

19 educational agency or the State educational agency

20 on behalf of the local educational agency, that the

21 local educational agency is located in an area defined

22 as rural by a governmental agency of the State.

23 ‘‘(c) APPLICABLE FUNDING.—In this section, the term

24 ‘applicable funding’ means funds provided under each of

25 titles II and IV, and subpart 4 of this part.
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1 ‘‘(d) DISBURSAL.—Each State educational agency that

2 receives applicable funding for a fiscal year shall disburse

3 the applicable funding to local educational agencies for al4 ternative uses under this section for the fiscal year at the

5 same time that the State educational agency disburses the

6 applicable funding to local educational agencies that do not

7 intend to use the applicable funding for such alternative

8 uses for the fiscal year.

9 ‘‘(e) SUPPLEMENT NOT SUPPLANT.—Funds made

10 available under this section shall be used to supplement and

11 not supplant any other Federal, State, or local education

12 funds.

13 ‘‘(f) SPECIAL RULE.—References in Federal law to

14 funds for the provisions of law set forth in subsection (c)

15 may be considered to be references to funds for this section.

16 ‘‘(g) CONSTRUCTION.—Nothing in this chapter shall be

17 construed to prohibit a local educational agency that enters

18 into cooperative arrangements with other local educational

19 agencies for the provision of special, compensatory, or other

20 education services pursuant to State law or a written agree21 ment from entering into similar arrangements for the use

22 or the coordination of the use of the funds made available

23 under this section.
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1 ‘‘SEC. 5232. COMPETITIVE GRANT PROGRAM AUTHORIZED.

2 ‘‘(a) IN GENERAL.—The Secretary is authorized to

3 award grants to eligible local educational agencies to enable

4 the local educational agencies to carry out activities de5 scribed in section 1114, 1115, 1116, 2123, 2213, 2306, 4116,

6 or 5331(b).

7 ‘‘(b) ELIGIBILITY.—A local educational agency shall be

8 eligible to receive a grant under this section if—

9 ‘‘(1)(A) the total number of students in average

10 daily attendance at all of the schools served by the

11 local educational agency is less than 600; or

12 ‘‘(B) each county in which a school served by the

13 local educational agency is located has a total popu14 lation density of less than 10 persons per square mile;

15 and

16 ‘‘(2) all of the schools served by the local edu17 cational agency are designated with a School Locale

18 Code of 7 or 8, as determined by the Secretary, except

19 that the Secretary may waive the School Locale Code

20 requirement of this paragraph if the Secretary deter21 mines, based on certification provided by the local

22 educational agency or the State educational agency

23 on behalf of the local educational agency, that the

24 local educational agency is located in an area defined

25 as rural by a governmental agency of the State.

26 ‘‘(c) AMOUNT.—
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1 ‘‘(1) IN GENERAL.—The Secretary shall award a

2 grant to a local educational agency under this section

3 for a fiscal year in an amount equal to the amount

4 determined under paragraph (2) for the fiscal year

5 minus the total amount received under the provisions

6 of law described under section 5231(c) for the fiscal

7 year.

8 ‘‘(2) DETERMINATION.—The amount referred to

9 in paragraph (1) is equal to $100 multiplied by the

10 total number of students in excess of 50 students that

11 are in average daily attendance at the schools served

12 by the local educational agency, plus $20,000, except

13 that the amount may not exceed $60,000.

14 ‘‘(3) CENSUS DETERMINATION.—

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

16 agency desiring a grant under this section shall

17 conduct a census not later than December 1 of

18 each year to determine the number of kinder19 garten through grade 12 students in average

20 daily attendance at the schools served by the

21 local educational agency.

22 ‘‘(B) SUBMISSION.—Each local educational

23 agency shall submit the number described in sub24 paragraph (A) to the Secretary not later than

25 March 1 of each year.
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1 ‘‘(4) PENALTY.—If the Secretary determines that

2 a local educational agency has knowingly submitted

3 false information under paragraph (3) for the pur4 pose of gaining additional funds under this section,

5 then the local educational agency shall be fined an

6 amount equal to twice the difference between the

7 amount the local educational agency received under

8 this section, and the correct amount the local edu9 cational agency would have received under this sec10 tion if the agency had submitted accurate information

11 under paragraph (3).

12 ‘‘(d) DISBURSAL.—The Secretary shall disburse the

13 funds awarded to a local educational agency under this sec14 tion for a fiscal year not later than July 1 of that year.

15 ‘‘(e) SUPPLEMENT NOT SUPPLANT.—Funds made

16 available under this section shall be used to supplement and

17 not supplant any other Federal, State, or local education

18 funds.

19 ‘‘(f) CONSTRUCTION.—Nothing in this chapter shall be

20 construed to prohibit a local educational agency that enters

21 into cooperative arrangements with other local educational

22 agencies for the provision of special, compensatory, or other

23 education services pursuant to State law or a written agree24 ment from entering into similar arrangements for the use
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1 or the coordination of the use of the funds made available

2 under this section.

3 ‘‘SEC. 5233. ACCOUNTABILITY.

4 ‘‘(a) ACADEMIC ACHIEVEMENT.—

5 ‘‘(1) IN GENERAL.—Each local educational agen6 cy that uses or receives funds under section 5231 or

7 5232 for a fiscal year shall—

8 ‘‘(A) administer an assessment that is used

9 statewide and is consistent with the assessment

10 described in section 1111(b), to assess the aca11 demic achievement of students in the schools

12 served by the local educational agency; or

13 ‘‘(B) in the case of a local educational agen14 cy for which there is no statewide assessment de15 scribed in subparagraph (A), administer a test,

16 that is selected by the local educational agency,

17 to assess the academic achievement of students in

18 the schools served by the local educational agen19 cy.

20 ‘‘(2) SPECIAL RULE.—Each local educational

21 agency that uses or receives funds under section 5231

22 or 5232 shall use the same assessment or test de23 scribed in paragraph (1) for each year of participa24 tion in the program carried out under such section.
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1 ‘‘(b) STATE EDUCATIONAL AGENCY DETERMINATION

2 REGARDING CONTINUING PARTICIPATION.—Each State

3 educational agency that receives funding under the provi4 sions of law described in section 5231(c) shall—

5 ‘‘(1) after the 3rd year that a local educational

6 agency in the State participates in a program au7 thorized under section 5231 or 5232 and on the basis

8 of the results of the assessments or tests described in

9 subsection (a), determine whether the students served

10 by the local educational agency participating in the

11 program performed better on the assessments or tests

12 after the 3rd year of the participation than the stu13 dents performed on the assessments or tests after the

14 1st year of the participation;

15 ‘‘(2) permit only the local educational agencies

16 that participated in the program and served students

17 that performed better on the assessments or tests, as

18 described in paragraph (1), to continue to participate

19 in the program for an additional period of 3 years;

20 and

21 ‘‘(3) prohibit the local educational agencies that

22 participated in the program and served students that

23 did not perform better on the assessments or tests, as

24 described in paragraph (1), from participating in the
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1 program, for a period of 3 years from the date of the

2 determination.

3 ‘‘SEC. 5234. RATABLE REDUCTIONS IN CASE OF INSUFFI4 CIENT APPROPRIATIONS.

5 ‘‘(a) IN GENERAL.—If the amount appropriated for

6 any fiscal year and made available for grants under this

7 chapter is insufficient to pay the full amount for which all

8 agencies are eligible under this chapter, the Secretary shall

9 ratably reduce each such amount.

10 ‘‘(b) ADDITIONAL AMOUNTS.—If additional funds be11 come available for making payments under paragraph (1)

12 for such fiscal year, payments that were reduced under sub13 section (a) shall be increased on the same basis as such pay14 ments were reduced.

15 ‘‘Chapter 2—Low-Income and Rural School Program

16 ‘‘SEC. 5241. DEFINITIONS.

17 ‘‘In this chapter:

18 ‘‘(1) POVERTY LINE.—The term ‘poverty line’

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

20 Management and Budget, and revised annually in ac21 cordance with section 673(2) of the Community Serv22 ices Block Grant Act (42 U.S.C. 9902(2))) applicable

23 to a family of the size involved.

24 ‘‘(2) SPECIALLY QUALIFIED AGENCY.—The term

25 ‘specially qualified agency’ means an eligible local
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1 educational agency, located in a State that does not

2 participate in a program carried out under this

3 chapter for a fiscal year, which may apply directly

4 to the Secretary for a grant for such year in accord5 ance with section 5242(b).

6 ‘‘SEC. 5242. PROGRAM AUTHORIZED.

7 ‘‘(a) GRANTS TO STATES.—

8 ‘‘(1) IN GENERAL.—From the sum appropriated

9 under section 5223 for a fiscal year and made avail10 able to carry out this chapter, the Secretary shall

11 award grants, from allotments made under paragraph

12 (2), to State educational agencies that have applica13 tions approved under section 5244 to enable the State

14 educational agencies to award grants to eligible local

15 educational agencies for innovative assistance activi16 ties described in section 5331(b).

17 ‘‘(2) ALLOTMENT.—From the sum appropriated

18 under section 5223 for a fiscal year and made avail19 able to carry out this chapter, the Secretary shall

20 allot to each State educational agency an amount

21 that bears the same ratio to the sum as the number

22 of students in average daily attendance at the schools

23 served by eligible local educational agencies in the

24 State for that fiscal year bears to the number of all
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1 such students at the schools served by eligible local

2 educational agencies in all States for that fiscal year.

3 ‘‘(b) DIRECT GRANTS TO SPECIALLY QUALIFIED

4 AGENCIES.—

5 ‘‘(1) NONPARTICIPATING STATE.—If a State edu6 cational agency elects not to participate in the pro7 gram carried out under this chapter or does not have

8 an application approved under section 5244, a spe9 cially qualified agency in such State desiring a grant

10 under this chapter shall apply directly to the Sec11 retary under section 5244 to receive a grant under

12 this chapter.

13 ‘‘(2) DIRECT AWARDS TO SPECIALLY QUALIFIED

14 AGENCIES.—The Secretary may award, on a competi15 tive basis, the amount the State educational agency is

16 eligible to receive under subsection (a)(2) directly to

17 specially qualified agencies in the State.

18 ‘‘(c) ADMINISTRATIVE COSTS.—A State educational

19 agency that receives a grant under this chapter may not

20 use more than 5 percent of the amount of the grant for State

21 administrative costs.

22 ‘‘SEC. 5243. STATE DISTRIBUTION OF FUNDS.

23 ‘‘(a) IN GENERAL.—A State educational agency that

24 receives a grant under this chapter may use the funds made

25 available through the grant to award grants to eligible local
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1 educational agencies to enable the local educational agencies

2 to carry out innovative assistance activities described in

3 section 5331(b).

4 ‘‘(b) LOCAL AWARDS.—

5 ‘‘(1) ELIGIBILITY.—A local educational agency

6 shall be eligible to receive a grant under this chapter

7 if—

8 ‘‘(A) 20 percent or more of the children age

9 5 through 17 that are served by the local edu10 cational agency are from families with incomes

11 below the poverty line; and

12 ‘‘(B) all of the schools served by the agency

13 are located in a community with a Locale Code

14 of 6, 7, or 8, as determined by the Secretary of

15 Education.

16 ‘‘(c) AWARD BASIS.—The State educational agency

17 shall award the grants to eligible local educational

18 agencies—

19 ‘‘(1) on a competitive basis; or

20 ‘‘(2) according to a formula based on the number

21 of students in average daily attendance at schools

22 served by the eligible local educational agencies.

23 ‘‘SEC. 5244. APPLICATIONS.

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

25 and specially qualified agency desiring to receive a grant
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1 under this chapter shall submit an application to the Sec2 retary at such time, in such manner, and accompanied by

3 such information as the Secretary may require.

4 ‘‘(b) CONTENTS.—At a minimum, such application

5 shall include information on specific measurable goals and

6 objectives to be achieved through the activities carried out

7 through the grant, which may include specific educational

8 goals and objectives relating to—

9 ‘‘(1) increased student academic achievement;

10 ‘‘(2) decreased student dropout rates; or

11 ‘‘(3) such other factors as the State educational

12 agency or specially qualified agency may choose to

13 measure.

14 ‘‘SEC. 5245. ACCOUNTABILITY.

15 ‘‘(a) STATE REPORTS.—Each State educational agen16 cy that receives a grant under this chapter shall prepare

17 and submit to the Secretary an annual report. The report

18 shall describe—

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

20 used to award grants to eligible local educational

21 agencies under this chapter;

22 ‘‘(2) how the local educational agencies used the

23 funds provided under this chapter; and
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1 ‘‘(3) the degree to which the State made progress

2 toward meeting the goals and objectives described in

3 the application submitted under section 5244.

4 ‘‘(b) SPECIALLY QUALIFIED AGENCY REPORT.—Each

5 specially qualified agency that receives a grant under this

6 chapter shall prepare and submit to the Secretary an an7 nual report. The report shall describe—

8 ‘‘(1) how such agency used the funds provided

9 under this chapter; and

10 ‘‘(2) the degree to which the agency made

11 progress toward meeting the goals and objectives de12 scribed in the application submitted under section

13 5244.

14 ‘‘(c) ACADEMIC ACHIEVEMENT.—

15 ‘‘(1) IN GENERAL.—Each local educational agen16 cy that receives a grant under this chapter for a fiscal

17 year shall—

18 ‘‘(A) administer an assessment that is used

19 statewide and is consistent with the assessment

20 described in section 1111(b), to assess the aca21 demic achievement of students in the schools

22 served by the local educational agency; or

23 ‘‘(B) in the case of a local educational agen24 cy for which there is no statewide assessment de25 scribed in subparagraph (A), administer a test,
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1 that is selected by the local educational agency,

2 to assess the academic achievement of students in

3 the schools served by the local educational agen4 cy.

5 ‘‘(2) SPECIAL RULE.—Each local educational

6 agency that receives a grant under this chapter shall

7 use the same assessment or test described in para8 graph (1) for each year of participation in the pro9 gram carried out under this chapter.

10 ‘‘(d) STATE EDUCATIONAL AGENCY DETERMINATION

11 REGARDING CONTINUING PARTICIPATION.—Each State

12 educational agency that receives a grant under this chapter

13 shall—

14 ‘‘(1) after the 3rd year that a local educational

15 agency in the State participates in the program au16 thorized under this chapter and on the basis of the re17 sults of the assessments or tests described in subsection

18 (c), determine whether the students served by the local

19 educational agency participating in the program per20 formed better on the assessments or tests after the 3rd

21 year of the participation than the students performed

22 on the assessments or tests after the 1st year of the

23 participation;

24 ‘‘(2) permit only the local educational agencies

25 that participated in the program and served students
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1 that performed better on the assessments or tests, as

2 described in paragraph (1), to continue to participate

3 in the program for an additional period of 3 years;

4 and

5 ‘‘(3) prohibit the local educational agencies that

6 participated in the program and served students that

7 did not perform better on the assessments or tests, as

8 described in paragraph (1), from participating in the

9 program for a period of 3 years from the date of the

10 determination.

11 ‘‘SEC. 5246. SUPPLEMENT NOT SUPPLANT.

12 ‘‘Funds made available under this chapter shall be

13 used to supplement and not supplant any other Federal,

14 State, or local education funds.

15 ‘‘SEC. 5247. SPECIAL RULE.

16 ‘‘No local educational agency may concurrently par17 ticipate in activities carried out under chapter 1 and ac18 tivities carried out under this chapter.

19 ‘‘Subpart 3—Waivers

20 ‘‘SEC. 5251. WAIVERS OF STATUTORY AND REGULATORY RE21 QUIREMENTS.

22 ‘‘(a) IN GENERAL.—Except as provided in subsection

23 (c), the Secretary may waive any statutory or regulatory

24 requirement of this Act for a State educational agency, local
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1 educational agency, Indian tribe, or school through a local

2 educational agency, that—

3 ‘‘(1) receives funds under a program authorized

4 by this Act; and

5 ‘‘(2) requests a waiver under subsection (b).

6 ‘‘(b) REQUEST FOR WAIVER.—

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

8 local educational agency, or Indian tribe which de9 sires a waiver shall submit a waiver request to the

10 Secretary that—

11 ‘‘(A) identifies the Federal programs af12 fected by such requested waiver;

13 ‘‘(B) describes which Federal requirements

14 are to be waived and how the waiving of such re15 quirements will—

16 ‘‘(i) increase the quality of instruction

17 for students; or

18 ‘‘(ii) improve the academic perform19 ance of students;

20 ‘‘(C) if applicable, describes which similar

21 State and local requirements will be waived and

22 how the waiving of such requirements will assist

23 the local educational agencies, Indian tribes or

24 schools, as appropriate, to achieve the objectives
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1 described in clauses (i) and (ii) of subparagraph

2 (B);

3 ‘‘(D) describes specific, measurable edu4 cational improvement goals and expected out5 comes for all affected students;

6 ‘‘(E) describes the methods to be used to

7 measure progress in meeting such goals and out8 comes; and

9 ‘‘(F) describes how schools will continue to

10 provide assistance to the same populations served

11 by programs for which waivers are requested.

12 ‘‘(2) ADDITIONAL INFORMATION.—Such

13 requests—

14 ‘‘(A) may provide for waivers of require15 ments applicable to State educational agencies,

16 local educational agencies, Indian tribes, and

17 schools; and

18 ‘‘(B) shall be developed and submitted—

19 ‘‘(i)(I) by local educational agencies

20 (on behalf of such agencies and schools) to

21 State educational agencies; and

22 ‘‘(II) by State educational agencies (on

23 behalf of, and based upon the requests of,

24 local educational agencies) to the Secretary;

25 or
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1 ‘‘(ii) by Indian tribes (on behalf of

2 schools operated by such tribes) to the Sec3 retary.

4 ‘‘(3) GENERAL REQUIREMENTS.—

5 ‘‘(A) STATE EDUCATIONAL AGENCIES.—In

6 the case of a waiver request submitted by a State

7 educational agency acting in its own behalf, the

8 State educational agency shall—

9 ‘‘(i) provide all interested local edu10 cational agencies in the State with notice

11 and a reasonable opportunity to comment

12 on the request;

13 ‘‘(ii) submit the comments to the Sec14 retary; and

15 ‘‘(iii) provide notice and information

16 to the public regarding the waiver request

17 in the manner that the applying agency

18 customarily provides similar notices and

19 information to the public.

20 ‘‘(B) LOCAL EDUCATIONAL AGENCIES.—In

21 the case of a waiver request submitted by a local

22 educational agency that receives funds under this

23 Act—

24 ‘‘(i) such request shall be reviewed by

25 the State educational agency and be accom-
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1 panied by the comments, if any, of such

2 State educational agency; and

3 ‘‘(ii) notice and information regarding

4 the waiver request shall be provided to the

5 public by the agency requesting the waiver

6 in the manner that such agency customarily

7 provides similar notices and information to

8 the public.

9 ‘‘(c) RESTRICTIONS.—The Secretary shall not waive

10 under this section any statutory or regulatory requirements

11 relating to—

12 ‘‘(1) the allocation or distribution of funds to

13 States, local educational agencies, or other recipients

14 of funds under this Act;

15 ‘‘(2) maintenance of effort;

16 ‘‘(3) comparability of services;

17 ‘‘(4) use of Federal funds to supplement, not sup18 plant, non-Federal funds;

19 ‘‘(5) equitable participation of private school stu20 dents and teachers;

21 ‘‘(6) parental participation and involvement;

22 ‘‘(7) applicable civil rights requirements;

23 ‘‘(8) the requirement for a charter school under

24 subpart 1 of part A;

25 ‘‘(9) the prohibitions regarding—
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1 ‘‘(A) State aid in section 5; or

2 ‘‘(B) use of funds for religious worship or

3 instruction in section 10; or

4 ‘‘(10) the selection of a school attendance area or

5 school under subsections (a) and (b) of section 1113,

6 except that the Secretary may grant a waiver to allow

7 a school attendance area or school to participate in

8 activities under part A of title I if the percentage of

9 children from low-income families in the school at10 tendance area of such school or who attend such school

11 is not less than 10 percentage points below the lowest

12 percentage of such children for any school attendance

13 area or school of the local educational agency that

14 meets the requirements of such subsections (a) and

15 (b).

16 ‘‘(d) DURATION AND EXTENSION OF WAIVER.—

17 ‘‘(1) IN GENERAL.—Except as provided in para18 graph (2), the duration of a waiver approved by the

19 Secretary under this section may be for a period not

20 to exceed 3 years.

21 ‘‘(2) EXTENSION.—The Secretary may extend the

22 period described in paragraph (1) if the Secretary de23 termines that—

24 ‘‘(A) the waiver has been effective in ena25 bling the State or affected recipients to carry out
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1 the activities for which the waiver was requested

2 and the waiver has contributed to improved stu3 dent performance; and

4 ‘‘(B) such extension is in the public interest.

5 ‘‘(e) REPORTS.—

6 ‘‘(1) LOCAL WAIVER.—A local educational agen7 cy that receives a waiver under this section shall at

8 the end of the second year for which a waiver is re9 ceived under this section, and each subsequent year,

10 submit a report to the State educational agency

11 that—

12 ‘‘(A) describes the uses of such waiver by

13 such agency or by schools;

14 ‘‘(B) describes how schools continued to pro15 vide assistance to the same populations served by

16 the programs for which waivers are requested;

17 and

18 ‘‘(C) evaluates the progress of such agency

19 and of schools in improving the quality of in20 struction or the academic performance of stu21 dents.

22 ‘‘(2) STATE WAIVER.—A State educational agen23 cy that receives reports required under paragraph (1)

24 shall annually submit a report to the Secretary that
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1 is based on such reports and contains such informa2 tion as the Secretary may require.

3 ‘‘(3) INDIAN TRIBE WAIVER.—An Indian tribe

4 that receives a waiver under this section shall annu5 ally submit a report to the Secretary that—

6 ‘‘(A) describes the uses of such waiver by

7 schools operated by such tribe; and

8 ‘‘(B) evaluates the progress of such schools

9 in improving the quality of instruction or the

10 academic performance of students.

11 ‘‘(4) REPORT TO CONGRESS.—Beginning in fis12 cal year 2002 and each subsequent year, the Secretary

13 shall submit to the Committee on Education and the

14 Workforce of the House of Representatives and the

15 Committee on Health, Education, Labor, and Pen16 sions of the Senate a report—

17 ‘‘(A) summarizing the uses of waivers by

18 State educational agencies, local educational

19 agencies, Indian tribes, and schools; and

20 ‘‘(B) describing whether such waivers—

21 ‘‘(i) increased the quality of instruc22 tion to students; or

23 ‘‘(ii) improved the academic perform24 ance of students.
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1 ‘‘(f) TERMINATION OF WAIVERS.—The Secretary shall

2 terminate a waiver under this section if the Secretary deter3 mines that the performance of the State or other recipient

4 affected by the waiver has been inadequate to justify a con5 tinuation of the waiver or if the waiver is no longer nec6 essary to achieve its original purposes.

7 ‘‘(g) PUBLICATION.—A notice of the Secretary’s deci8 sion to grant each waiver under subsection (a) shall be pub9 lished in the Federal Register and the Secretary shall pro10 vide for the dissemination of such notice to State edu11 cational agencies, interested parties, including educators,

12 parents, students, advocacy and civil rights organizations,

13 and the public.

14 ‘‘Subpart 4—Innovative Education Program

15 Strategies

16 ‘‘SEC. 5301. PURPOSE; STATE AND LOCAL RESPONSIBILITY.

17 ‘‘(a) PURPOSE.—The purpose of this subpart is—

18 ‘‘(1) to support local education reform efforts

19 that are consistent with and support statewide edu20 cation reform efforts;

21 ‘‘(2) to provide funding to enable State and local

22 educational agencies to implement promising edu23 cational reform strategies;

24 ‘‘(3) to provide a continuing source of innova25 tion and educational improvement, including support
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1 for library services and instructional and media ma2 terials; and

3 ‘‘(4) to develop and implement education pro4 grams to improve school, student, and teacher per5 formance, including professional development activi6 ties and class size reduction programs.

7 ‘‘(b) STATE AND LOCAL RESPONSIBILITY.—The basic

8 responsibility for the administration of funds made avail9 able under this subpart is within the State educational

10 agencies, but it is the intent of Congress that the responsi11 bility be carried out with a minimum of paperwork and

12 that the responsibility for the design and implementation

13 of programs assisted under this subpart will be mainly that

14 of local educational agencies, school superintendents and

15 principals, and classroom teachers and supporting per16 sonnel, because such agencies and individuals have the most

17 direct contact with students and are most likely to be able

18 to design programs to meet the educational needs of students

19 in their own school districts.

20 ‘‘SEC. 5302. AUTHORIZATION OF APPROPRIATIONS; DURA21 TION OF ASSISTANCE.

22 ‘‘(a) AUTHORIZATION.—To carry out the purposes of

23 this subpart, there are authorized to be appropriated

24 $850,000,000 for fiscal year 2002 and such sums as may

25 be necessary for each of the 6 succeeding fiscal years.
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1 ‘‘(b) DURATION OF ASSISTANCE.—During the period

2 beginning October 1, 2002, and ending September 30, 2008,

3 the Secretary, in accordance with the provisions of this sub4 part, shall make payments to State educational agencies for

5 the purpose of this subpart.

6 ‘‘SEC. 5303. DEFINITION OF EFFECTIVE SCHOOLS PROGRAM.

7 ‘‘In this subpart the term ‘effective schools program’

8 means a school-based program that—

9 ‘‘(1) may encompass preschool through secondary

10 school levels; and

11 ‘‘(2) has the objectives of—

12 ‘‘(A) promoting school-level planning, in13 structional improvement, and staff development

14 for all personnel;

15 ‘‘(B) increasing the academic performance

16 levels of all children and particularly education17 ally disadvantaged children; and

18 ‘‘(C) achieving as an ongoing condition in

19 the school the following factors identified through

20 effective schools research:

21 ‘‘(i) Strong and effective administra22 tive and instructional leadership.

23 ‘‘(ii) A safe and orderly school environ24 ment that enables teachers and students to

25 focus on academic performance.
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1 ‘‘(iii) Continuous assessment of stu2 dents and initiatives to evaluate instruc3 tional techniques.

4 ‘‘Chapter 1—State and Local Programs

5 ‘‘SEC. 5311. ALLOTMENT TO STATES.

6 ‘‘(a) RESERVATIONS.—From the sums appropriated to

7 carry out this subpart in any fiscal year, the Secretary

8 shall reserve not more than 1 percent for payments to out9 lying areas to be allotted in accordance with their respective

10 needs.

11 ‘‘(b) ALLOTMENT.—From the remainder of such sums,

12 the Secretary shall allot to each State an amount which

13 bears the same ratio to the amount of such remainder as

14 the school-age population of the State bears to the school15 age population of all States, except that no State shall receive less than an amount equal to 1 16 ⁄2 of 1 percent of such

17 remainder.

18 ‘‘(c) DEFINITIONS.—In this chapter:

19 ‘‘(1) SCHOOL-AGE POPULATION.—The term

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

21 through 17.

22 ‘‘(2) STATE.—The term ‘State’ includes the 50

23 States of the United States, the District of Columbia,

24 and the Commonwealth of Puerto Rico.
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1 ‘‘SEC. 5312. ALLOCATION TO LOCAL EDUCATIONAL AGEN2 CIES.

3 ‘‘(a) FORMULA.—From the sums made available each

4 year to carry out this subpart, the State educational agency

5 shall distribute not less than 85 percent to local educational

6 agencies within such State according to the relative enroll7 ments in public and private elementary schools and sec8 ondary schools within the school districts of such agencies,

9 adjusted, in accordance with criteria approved by the Sec10 retary, to provide higher per pupil allocations to local edu11 cational agencies serving the greatest numbers or percent12 ages of children whose education imposes a higher than av13 erage cost per child, such as—

14 ‘‘(1) children living in areas with high con15 centrations of low-income families;

16 ‘‘(2) children from low-income families; and

17 ‘‘(3) children living in sparsely populated areas.

18 ‘‘(b) CALCULATION OF ENROLLMENTS.—

19 ‘‘(1) IN GENERAL.—The calculation of relative

20 enrollments under subsection (a) shall be on the basis

21 of the total of—

22 ‘‘(A) the number of children enrolled in

23 public schools; and

24 ‘‘(B) the number of children enrolled in pri25 vate nonprofit schools that desire that their chil26 dren participate in programs or projects assisted
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1 under this subpart, for the fiscal year preceding

2 the fiscal year for which the determination is

3 made.

4 ‘‘(2) CONSTRUCTION.—Nothing in this subsection

5 shall diminish the responsibility of local educational

6 agencies to contact, on an annual basis, appropriate

7 officials from private nonprofit schools within the

8 areas served by such agencies in order to determine

9 whether such schools desire that their children partici10 pate in programs assisted under this subpart.

11 ‘‘(3) ADJUSTMENTS.—

12 ‘‘(A) IN GENERAL.—Relative enrollments

13 under subsection (a) shall be adjusted, in accord14 ance with criteria approved by the Secretary

15 under subparagraph (B), to provide higher per

16 pupil allocations only to local educational agen17 cies which serve the greatest numbers or percent18 ages of—

19 ‘‘(i) children living in areas with high

20 concentrations of low-income families;

21 ‘‘(ii) children from low-income fami22 lies; or

23 ‘‘(iii) children living in sparsely popu24 lated areas.
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1 ‘‘(B) CRITERIA.—The Secretary shall review

2 criteria submitted by a State educational agency

3 for adjusting allocations under subparagraph (A)

4 and shall approve such criteria only if the Sec5 retary determines that such criteria are reason6 ably calculated to produce an adjusted allocation

7 that reflects the relative needs within the State’s

8 local educational agencies based on the factors set

9 forth in subparagraph (A).

10 ‘‘(c) PAYMENT OF ALLOCATIONS.—

11 ‘‘(1) DISTRIBUTION.—From the funds paid to a

12 State educational agency pursuant to section 5311 for

13 a fiscal year, a State educational agency shall dis14 tribute to each eligible local educational agency which

15 has submitted an application as required in section

16 5333 the amount of such local educational agency’s

17 allocation as determined under subsection (a).

18 ‘‘(2) ADDITIONAL FUNDS.—

19 ‘‘(A) IN GENERAL.—Additional funds re20 sulting from higher per pupil allocations pro21 vided to a local educational agency on the basis

22 of adjusted enrollments of children described in

23 subsection (a), may, at the discretion of the local

24 educational agency, be allocated for expenditures

25 to provide services for children enrolled in public
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1 and private nonprofit schools in direct propor2 tion to the number of children described in sub3 section (a) and enrolled in such schools within

4 the local educational agency.

5 ‘‘(B) REQUIREMENT.—In any fiscal year,

6 any local educational agency that elects to allo7 cate such additional funds in the manner de8 scribed in subparagraph (A) shall allocate all

9 additional funds to schools within the local edu10 cational agency in such manner.

11 ‘‘(C) CONSTRUCTION.—The provisions of

12 subparagraphs (A) and (B) may not be con13 strued to require any school to limit the use of

14 such additional funds to the provision of services

15 to specific students or categories of students.

16 ‘‘Chapter 2—State Programs

17 ‘‘SEC. 5321. STATE USES OF FUNDS.

18 ‘‘(a) AUTHORIZED ACTIVITIES.—A State educational

19 agency may use funds made available for State use under

20 this subpart only for—

21 ‘‘(1) State administration of programs under

22 this subpart, including—

23 ‘‘(A) supervision of the allocation of funds

24 to local educational agencies;
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1 ‘‘(B) planning, supervision, and processing

2 of State funds; and

3 ‘‘(C) monitoring and evaluation of pro4 grams and activities under this subpart;

5 ‘‘(2) support for planning, designing, and initial

6 implementation of charter schools as described in sub7 part 1 of part A;

8 ‘‘(3) support for designing and implementation

9 of high-quality yearly student assessments;

10 ‘‘(4) support for implementation of State and

11 local standards;

12 ‘‘(5) technical assistance and direct grants to

13 local educational agencies, and statewide education

14 reform activities, including effective schools programs

15 which assist local educational agencies to provide tar16 geted assistance; and

17 ‘‘(6) support for arrangements that provide for

18 independent analysis to measure and report on school

19 district achievement.

20 ‘‘(b) LIMITATIONS AND REQUIREMENTS.—Not more

21 than 15 percent of funds available for State programs under

22 this subpart in any fiscal year may be used for State ad23 ministration under subsection (a)(1).
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1 ‘‘SEC. 5322. STATE APPLICATIONS.

2 ‘‘(a) APPLICATION REQUIREMENTS.—Any State which

3 desires to receive assistance under this subpart shall submit

4 to the Secretary an application which—

5 ‘‘(1) designates the State educational agency as

6 the State agency responsible for administration and

7 supervision of programs assisted under this subpart;

8 ‘‘(2) provides for a biennial submission of data

9 on the use of funds, the types of services furnished,

10 and the students served under this subpart;

11 ‘‘(3) sets forth the allocation of such funds re12 quired to implement section 5342;

13 ‘‘(4) provides that the State educational agency

14 will keep such records and provide such information

15 to the Secretary as may be required for fiscal audit

16 and program evaluation (consistent with the respon17 sibilities of the Secretary under this section);

18 ‘‘(5) provides assurances that, apart from tech19 nical and advisory assistance and monitoring compli20 ance with this subpart, the State educational agency

21 has not exercised and will not exercise any influence

22 in the decisionmaking processes of local educational

23 agencies as to the expenditure made pursuant to an

24 application under section 5333;

25 ‘‘(6) contains assurances that there is compliance

26 with the specific requirements of this subpart; and
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1 ‘‘(7) provides for timely public notice and public

2 dissemination of the information provided pursuant

3 to paragraph (2).

4 ‘‘(b) PERIOD OF APPLICATION.—An application filed

5 by the State under subsection (a) shall be for a period not

6 to exceed 3 years, and may be amended annually as may

7 be necessary to reflect changes without filing a new applica8 tion.

9 ‘‘(c) AUDIT RULE.—A local educational agency that

10 receives less than an average of $10,000 under this subpart

11 for 3 fiscal years shall not be audited more frequently than

12 once every 5 years.

13 ‘‘Chapter 3—Local Innovative Education Programs

14 ‘‘SEC. 5331. TARGETED USE OF FUNDS.

15 ‘‘(a) GENERAL RULE.—Funds made available to local

16 educational agencies under section 5312 shall be used for

17 innovative assistance described in subsection (b).

18 ‘‘(b) INNOVATIVE ASSISTANCE.—

19 ‘‘(1) IN GENERAL.—The innovative assistance

20 programs referred to in subsection (a) include—

21 ‘‘(A) programs for the acquisition and use

22 of instructional and educational materials, in23 cluding library services and materials (including

24 media materials), assessments, and other cur25 ricular materials;
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1 ‘‘(B) programs to improve teaching and

2 learning, including professional development ac3 tivities, that are consistent with comprehensive

4 State and local systemic education reform efforts;

5 ‘‘(C) activities that encourage and expand

6 improvements throughout the local educational

7 agency that are designed to advance student per8 formance;

9 ‘‘(D) initiatives to generate, maintain, and

10 strengthen parental and community involvement,

11 including initiatives creating activities for

12 school-age children and activities to meet the

13 educational needs of children aged birth through

14 5;

15 ‘‘(E) programs to recruit, hire, and train

16 certified teachers (including teachers certified

17 through State and local alternative routes) in

18 order to reduce class size;

19 ‘‘(F) programs to improve the academic

20 performance of educationally disadvantaged ele21 mentary school and secondary school students,

22 including activities to prevent students from

23 dropping out of school;

24 ‘‘(G) programs and activities that expand

25 learning opportunities through best practice
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1 models designed to improve classroom learning

2 and teaching;

3 ‘‘(H) programs to improve the literacy skills

4 of adults, especially the parents of children

5 served by the local educational agency, including

6 adult education and family literacy programs;

7 ‘‘(I) technology activities related to the im8 plementation of school-based reform efforts, in9 cluding professional development to assist teach10 ers and other school personnel (including school

11 library media personnel) regarding how to effec12 tively use technology in the classrooms and the

13 school library media centers involved;

14 ‘‘(J) school improvement programs or ac15 tivities under section 1116 or 1117;

16 ‘‘(K) programs to provide for the edu17 cational needs of gifted and talented children;

18 ‘‘(L) programs to provide same gender

19 schools and classrooms, consistent with applica20 ble law;

21 ‘‘(M) service learning activities;

22 ‘‘(N) school safety programs;

23 ‘‘(O) activities to promote consumer, eco24 nomic, and personal finance education, such as

25 disseminating and encouraging the use of the
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1 best practices for teaching the basic principles of

2 economics and promoting the concept of achiev3 ing financial literacy through the teaching of

4 personal financial management skills (including

5 the basic principles involved in earning, spend6 ing, saving, and investing);

7 ‘‘(P) programs that employ research-based

8 cognitive and perceptual development approaches

9 and rely on a diagnostic-prescriptive model to

10 improve students’ learning of academic content

11 at the preschool, elementary, and secondary lev12 els; and

13 ‘‘(Q) supplemental educational services as

14 defined in section 1116(f)(6).

15 ‘‘(2) REQUIREMENTS.—The innovative assistance

16 programs referred to in subsection (a) shall be—

17 ‘‘(A) tied to promoting high academic

18 standards;

19 ‘‘(B) used to improve student performance;

20 and

21 ‘‘(C) part of an overall education reform

22 strategy.

23 ‘‘(c) AWARD CRITERIA AND OTHER GUIDELINES.—Not

24 later than 120 days after the date of enactment of the Better

25 Education for Students and Teachers Act, the Secretary
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1 shall issue specific award criteria and other guidelines for

2 local educational agencies seeking funding for activities

3 under subsection (b)(1)(L).

4 ‘‘SEC. 5332. ADMINISTRATIVE AUTHORITY.

5 ‘‘In order to conduct the activities authorized by this

6 subpart, each State or local educational agency may use

7 funds made available under this subpart to make grants

8 to and to enter into contracts with local educational agen9 cies, institutions of higher education, libraries, museums,

10 and other public and private nonprofit agencies, organiza11 tions, and institutions.

12 ‘‘SEC. 5333. LOCAL APPLICATIONS.

13 ‘‘(a) CONTENTS OF APPLICATION.—A local educational

14 agency or consortium of such agencies may receive an allo15 cation of funds under this subpart for any year for which

16 an application is submitted to the State educational agency

17 and such application is certified to meet the requirements

18 of this section. The State educational agency shall certify

19 any such application if such application—

20 ‘‘(1)(A) sets forth the planned allocation of funds

21 among innovative assistance programs described in

22 section 5331 and describes the programs, projects, and

23 activities designed to carry out such innovative assist24 ance which the local educational agency intends to
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1 support, together with the reasons for the selection of

2 such programs, projects, and activities; and

3 ‘‘(B) sets forth the allocation of such funds re4 quired to implement section 5342;

5 ‘‘(2) describes how assistance under this subpart

6 will contribute to improving student achievement or

7 improving the quality of education for students;

8 ‘‘(3) provides assurances of compliance with the

9 provisions of this subpart, including the participation

10 of children enrolled in private, nonprofit schools in

11 accordance with section 5342;

12 ‘‘(4) provides an assurance that the local edu13 cational agency will keep such records, and provide

14 such information to the State educational agency, as

15 reasonably may be required for fiscal audit and pro16 gram evaluation, consistent with the responsibilities

17 of the State educational agency under this subpart;

18 and

19 ‘‘(5) provides in the allocation of funds for the

20 assistance authorized by this subpart, and in the de21 sign, planning, and implementation of such pro22 grams, for systematic consultation with parents of

23 children attending elementary schools and secondary

24 schools in the area served by the local educational

25 agency, with teachers and administrative personnel
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1 in such schools, and with other groups involved in the

2 implementation of this subpart (such as librarians,

3 school counselors, and other pupil services personnel)

4 as may be considered appropriate by the local edu5 cational agency.

6 ‘‘(b) PERIOD OF APPLICATION.—An application filed

7 by a local educational agency under subsection (a) shall be

8 for a period not to exceed 3 fiscal years, may provide for

9 the allocation of funds to programs for a period of 3 years,

10 and may be amended annually as may be necessary to re11 flect changes without filing a new application.

12 ‘‘(c) LOCAL EDUCATIONAL AGENCY DISCRETION.—

13 Subject to the limitations and requirements of this subpart,

14 a local educational agency shall have complete discretion

15 in determining how funds under this chapter shall be di16 vided among the areas of targeted assistance. In exercising

17 such discretion, a local educational agency shall ensure that

18 expenditures under this chapter carry out the purposes of

19 this subpart and are used to meet the educational needs

20 within the schools of such local educational agency.

21 ‘‘Chapter 4—General Administrative Provisions

22 ‘‘SEC. 5341. MAINTENANCE OF EFFORT; FEDERAL FUNDS

23 SUPPLEMENTARY.

24 ‘‘(a) MAINTENANCE OF EFFORT.—
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1 ‘‘(1) IN GENERAL.—Except as provided in para2 graph (2), a State is entitled to receive its full alloca3 tion of funds under this subpart for any fiscal year

4 if the Secretary finds that either the combined fiscal

5 effort per student or the aggregate expenditures within

6 the State with respect to the provision of free public

7 education for the fiscal year preceding the fiscal year

8 for which the determination is made was not less

9 than 90 percent of such combined fiscal effort or ag10 gregate expenditures for the second fiscal year pre11 ceding the fiscal year for which the determination is

12 made.

13 ‘‘(2) REDUCTION OF FUNDS.—The Secretary

14 shall reduce the amount of the allocation of funds

15 under this subpart in any fiscal year in the exact

16 proportion to which the State fails to meet the re17 quirements of paragraph (1) by falling below 90 per18 cent of both the fiscal effort per student and aggregate

19 expenditures (using the measure most favorable to the

20 State), and no such lesser amount shall be used for

21 computing the effort required under paragraph (1) for

22 subsequent years.

23 ‘‘(3) WAIVERS.—The Secretary may waive, for 1

24 fiscal year only, the requirements of this section if the

25 Secretary determines that such a waiver would be eq-
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1 uitable due to exceptional or uncontrollable cir2 cumstances such as a natural disaster or a precipi3 tous and unforeseen decline in the financial resources

4 of the State.

5 ‘‘(b) FEDERAL FUNDS SUPPLEMENTARY.—A State or

6 local educational agency may use and allocate funds re7 ceived under this subpart only so as to supplement and,

8 to the extent practical, increase the level of funds that

9 would, in the absence of Federal funds made available under

10 this subpart, be made available from non-Federal sources,

11 and in no case may such funds be used so as to supplant

12 funds from non-Federal sources.

13 ‘‘SEC. 5342. PARTICIPATION OF CHILDREN ENROLLED IN

14 PRIVATE SCHOOLS.

15 ‘‘(a) PARTICIPATION ON EQUITABLE BASIS.—

16 ‘‘(1) IN GENERAL.—To the extent consistent with

17 the number of children in the school district of a local

18 educational agency which is eligible to receive funds

19 under this subpart or which serves the area in which

20 a program or project assisted under this subpart is lo21 cated who are enrolled in private nonprofit elemen22 tary and secondary schools, or with respect to instruc23 tional or personnel training programs funded by the

24 State educational agency from funds made available

25 for State use, such agency, after consultation with ap-
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1 propriate private school officials, shall provide for the

2 benefit of such children in such schools secular, neu3 tral, and nonideological services, materials, and

4 equipment, including the participation of the teachers

5 of such children (and other educational personnel

6 serving such children) in training programs, and the

7 repair, minor remodeling, or construction of public

8 facilities as may be necessary for their provision (con9 sistent with subsection (c) of this section), or, if such

10 services, materials, and equipment are not feasible or

11 necessary in one or more such private schools as de12 termined by the local educational agency after con13 sultation with the appropriate private school officials,

14 shall provide such other arrangements as will assure

15 equitable participation of such children in the pur16 poses and benefits of this subpart.

17 ‘‘(2) OTHER PROVISIONS FOR SERVICES.—If no

18 program or project is carried out under paragraph

19 (1) in the school district of a local educational agen20 cy, the State educational agency shall make arrange21 ments, such as through contracts with nonprofit agen22 cies or organizations, under which children in private

23 schools in such district are provided with services and

24 materials to the extent that would have occurred if the
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1 local educational agency had received funds under

2 this subpart.

3 ‘‘(3) APPLICATION OF REQUIREMENTS.—The re4 quirements of this section relating to the participa5 tion of children, teachers, and other personnel serving

6 such children shall apply to programs and projects

7 carried out under this subpart by a State or local

8 educational agency, whether directly or through

9 grants to or contracts with other public or private

10 agencies, institutions, or organizations.

11 ‘‘(b) EQUAL EXPENDITURES.—Expenditures for pro12 grams pursuant to subsection (a) shall be equal (consistent

13 with the number of children to be served) to expenditures

14 for programs under this subpart for children enrolled in

15 the public schools of the local educational agency, taking

16 into account the needs of the individual children and other

17 factors which relate to such expenditures, and when funds

18 available to a local educational agency under this subpart

19 are used to concentrate programs or projects on a particular

20 group, attendance area, or grade or age level, children en21 rolled in private schools who are included within the group,

22 attendance area, or grade or age level selected for such con23 centration shall, after consultation with the appropriate

24 private school officials, be assured equitable participation

25 in the purposes and benefits of such programs or projects.
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1 ‘‘(c) FUNDS.—

2 ‘‘(1) ADMINISTRATION OF FUNDS AND PROP3 ERTY.—The control of funds provided under this sub4 part, and title to materials, equipment, and property

5 repaired, remodeled, or constructed with such funds,

6 shall be in a public agency for the uses and purposes

7 provided in this subpart, and a public agency shall

8 administer such funds and property.

9 ‘‘(2) PROVISION OF SERVICES.—The provision of

10 services pursuant to this subpart shall be provided by

11 employees of a public agency or through contract by

12 such public agency with a person, an association,

13 agency, or corporation who or which, in the provision

14 of such services, is independent of such private school

15 and of any religious organizations, and such employ16 ment or contract shall be under the control and super17 vision of such public agency, and the funds provided

18 under this subpart shall not be commingled with

19 State or local funds.

20 ‘‘(d) STATE PROHIBITION WAIVER.—If by reason of

21 any provision of law a State or local educational agency

22 is prohibited from providing for the participation in pro23 grams of children enrolled in private elementary schools

24 and secondary schools, as required by this section, the Sec25 retary shall waive such requirements and shall arrange for
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1 the provision of services to such children through arrange2 ments which shall be subject to the requirements of this sec3 tion.

4 ‘‘(e) WAIVER AND PROVISION OF SERVICES.—

5 ‘‘(1) FAILURE TO COMPLY.—If the Secretary de6 termines that a State or a local educational agency

7 has substantially failed or is unwilling to provide for

8 the participation on an equitable basis of children en9 rolled in private elementary schools and secondary

10 schools as required by this section, the Secretary may

11 waive such requirements and shall arrange for the

12 provision of services to such children through arrange13 ments which shall be subject to the requirements of

14 this section.

15 ‘‘(2) WITHHOLDING OF ALLOCATION.—Pending

16 final resolution of any investigation or complaint

17 that could result in a determination under this sub18 section or subsection (d), the Secretary may withhold

19 from the allocation of the affected State or local edu20 cational agency the amount estimated by the Sec21 retary to be necessary to pay the cost of those services.

22 ‘‘(f) DETERMINATION.—Any determination by the Sec23 retary under this section shall continue in effect until the

24 Secretary determines that there will no longer be any fail-
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1 ure or inability on the part of the State or local educational

2 agency to meet the requirements of subsections (a) and (b).

3 ‘‘(g) PAYMENT FROM STATE ALLOTMENT.—When the

4 Secretary arranges for services pursuant to this section, the

5 Secretary shall, after consultation with the appropriate

6 public and private school officials, pay the cost of such serv7 ices, including the administrative costs of arranging for

8 those services, from the appropriate allotment of the State

9 under this subpart.

10 ‘‘(h) REVIEW.—

11 ‘‘(1) WRITTEN OBJECTIONS.—The Secretary shall

12 not take any final action under this section until the

13 State educational agency and the local educational

14 agency affected by such action have had an oppor15 tunity, for not less than 45 days after receiving writ16 ten notice thereof, to submit written objections and to

17 appear before the Secretary or the Secretary’s des18 ignee to show cause why that action should not be

19 taken.

20 ‘‘(2) COURT ACTION.—If a State or local edu21 cational agency is dissatisfied with the Secretary’s

22 final action after a proceeding under paragraph (1),

23 such agency may, not later than 60 days after notice

24 of such action, file with the United States court of ap25 peals for the circuit in which such State is located a
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1 petition for review of that action. A copy of the peti2 tion shall be transmitted by the clerk of the court to

3 the Secretary. The Secretary thereupon shall file in

4 the court the record of the proceedings on which the

5 Secretary based this action, as provided in section

6 2112 of title 28, United States Code.

7 ‘‘(3) REMAND TO SECRETARY.—The findings of

8 fact by the Secretary, if supported by substantial evi9 dence, shall be conclusive; but the court, for good

10 cause shown, may remand the case to the Secretary

11 to take further evidence and the Secretary may make

12 new or modified findings of fact and may modify the

13 Secretary’s previous action, and shall file in the court

14 the record of the further proceedings. Such new or

15 modified findings of fact shall likewise be conclusive

16 if supported by substantial evidence.

17 ‘‘(4) COURT REVIEW.—Upon the filing of such

18 petition, the court shall have jurisdiction to affirm the

19 action of the Secretary or to set such action aside, in

20 whole or in part. The judgment of the court shall be

21 subject to review by the Supreme Court of the United

22 States upon certiorari or certification as provided in

23 section 1254 of title 28, United States Code.

24 ‘‘(i) PRIOR DETERMINATION.—Any bypass determina25 tion by the Secretary under chapter 2 of part I of this Act
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1 (as such chapter was in effect on the day preceding the date

2 of enactment of the Improving America’s Schools Act of

3 1994) shall, to the extent consistent with the purposes of

4 this subpart, apply to programs under this subpart.

5 ‘‘SEC. 5343. FEDERAL ADMINISTRATION.

6 ‘‘(a) TECHNICAL ASSISTANCE.—The Secretary, upon

7 request, shall provide technical assistance to State and local

8 educational agencies under this subpart.

9 ‘‘(b) RULEMAKING.—The Secretary shall issue regula10 tions under this subpart to the extent that such regulations

11 are necessary to ensure that there is compliance with the

12 specific requirements and assurances required by this sub13 part.

14 ‘‘(c) AVAILABILITY OF APPROPRIATIONS.—Notwith15 standing any other provision of law, unless expressly in

16 limitation of this subsection, funds appropriated in any fis17 cal year to carry out activities under this subpart shall be18 come available for obligation on July 1 of such fiscal year

19 and shall remain available for obligation until the end of

20 the subsequent fiscal year.

21 ‘‘Chapter 5—School Construction

22 ‘‘SEC. 5351. DEFINITIONS.

23 ‘‘In this chapter:

24 ‘‘(1) CONSTRUCTION.—
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1 ‘‘(A) IN GENERAL.—Subject to subpara2 graph (B), the term ‘construction’ means—

3 ‘‘(i) preparation of drawings and spec4 ifications for school facilities;

5 ‘‘(ii) building new school facilities, or

6 acquiring, remodeling, demolishing, ren7 ovating, improving, or repairing facilities

8 to establish new school facilities; and

9 ‘‘(iii) inspection and supervision of the

10 construction of new school facilities.

11 ‘‘(B) RULE.—An activity described in sub12 paragraph (A) shall be considered to be construc13 tion only if the labor standards described in sec14 tion 439 of the General Education Provisions

15 Act (20 U.S.C. 1232b) are applied with respect

16 to such activity.

17 ‘‘(2) SCHOOL FACILITY.—The term ‘school facil18 ity’ means a public structure suitable for use as a

19 classroom, laboratory, library, media center, or re20 lated facility the primary purpose of which is the in21 struction of public elementary school or secondary

22 school students. The term does not include an athletic

23 stadium or any other structure or facility intended

24 primarily for athletic exhibitions, contests, or games

25 for which admission is charged to the general public.
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1 ‘‘SEC. 5352. PROGRAM AUTHORIZED.

2 ‘‘(a) IN GENERAL.—Funds made available to local

3 educational agencies under section 5312 may, notwith4 standing section 5331(a), be used to enable the local edu5 cational agencies to carry out the construction of new public

6 elementary school and secondary school facilities.

7 ‘‘(b) NONAPPLICATION OF PROVISIONS.—The provi8 sions of chapter 4 shall not apply to this chapter.

9 ‘‘SEC. 5353. CONDITIONS FOR USE OF FUNDS.

10 ‘‘In order to use funds for construction under this

11 chapter a local educational agency shall meet the following

12 requirements:

13 ‘‘(1) Reduce school sizes for public elementary

14 schools and secondary schools served by the local edu15 cational agency to—

16 ‘‘(A) not more than 500 students in the case

17 of a school serving kindergarten through grade 5

18 students;

19 ‘‘(B) not more than 750 students in the case

20 of a school serving grade 6 through grade 8 stu21 dents; and

22 ‘‘(C) not more than 1,000 students in the

23 case of a school serving grade 9 through grade 12

24 students.

25 ‘‘(2) Provide matching funds, with respect to the

26 cost to be incurred in carrying out the activities for
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1 which the grant is awarded, from non-Federal sources

2 in an amount equal to the Federal funds provided

3 under the grant.

4 ‘‘SEC. 5354. APPLICATIONS.

5 ‘‘(a) IN GENERAL.—Each local educational agency de6 siring to use funds under this chapter shall submit an ap7 plication to the State educational agency at such time and

8 in such manner as the State educational agency may re9 quire.

10 ‘‘(b) CONTENTS.—Each application shall contain—

11 ‘‘(1) an assurance that the grant funds will be

12 used in accordance with this chapter;

13 ‘‘(2) a brief description of the construction to be

14 conducted;

15 ‘‘(3) a cost estimate of the activities to be con16 ducted; and

17 ‘‘(4) a description of available non-Federal

18 matching funds.

19 ‘‘PART C—FLEXIBILITY IN THE USE OF

20 ADMINISTRATIVE AND OTHER FUNDS

21 ‘‘SEC. 5401. CONSOLIDATION OF STATE ADMINISTRATIVE

22 FUNDS FOR ELEMENTARY AND SECONDARY

23 EDUCATION PROGRAMS.

24 ‘‘(a) CONSOLIDATION OF ADMINISTRATIVE FUNDS.—
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1 ‘‘(1) IN GENERAL.—A State educational agency

2 may consolidate the amounts specifically made avail3 able to such agency for State administration under

4 one or more of the programs specified under para5 graph (2) if such State educational agency can dem6 onstrate that the majority of such agency’s resources

7 come from non-Federal sources.

8 ‘‘(2) APPLICABILITY.—This section applies to

9 programs under title I, those covered programs de10 scribed in subparagraphs (C), (D), (E), and (F) of

11 section 3(10).

12 ‘‘(b) USE OF FUNDS.—

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

14 shall use the amount available under this section for

15 the administration of the programs included in the

16 consolidation under subsection (a).

17 ‘‘(2) ADDITIONAL USES.—A State educational

18 agency may also use funds available under this sec19 tion for administrative activities designed to enhance

20 the effective and coordinated use of funds under the

21 programs included in the consolidation under sub22 section (a), such as—

23 ‘‘(A) the coordination of such programs

24 with other Federal and non-Federal programs;
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1 ‘‘(B) the establishment and operation of

2 peer-review mechanisms under this Act;

3 ‘‘(C) the administration of this part, part

4 D, and sections 3 through 17;

5 ‘‘(D) the dissemination of information re6 garding model programs and practices; and

7 ‘‘(E) technical assistance under programs

8 specified in subsection (a)(2).

9 ‘‘(c) RECORDS.—A State educational agency that con10 solidates administrative funds under this section shall not

11 be required to keep separate records, by individual program,

12 to account for costs relating to the administration of pro13 grams included in the consolidation under subsection (a).

14 ‘‘(d) REVIEW.—To determine the effectiveness of State

15 administration under this section, the Secretary may peri16 odically review the performance of State educational agen17 cies in using consolidated administrative funds under this

18 section and take such steps as the Secretary finds appro19 priate to ensure the effectiveness of such administration.

20 ‘‘(e) UNUSED ADMINISTRATIVE FUNDS.—If a State

21 educational agency does not use all of the funds available

22 to such agency under this section for administration, such

23 agency may use such funds during the applicable period

24 of availability as funds available under one or more pro25 grams included in the consolidation under subsection (a).
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1 ‘‘(f) CONSOLIDATION OF FUNDS FOR STANDARDS AND

2 ASSESSMENT DEVELOPMENT.—In order to develop chal3 lenging State standards and assessments, a State edu4 cational agency may consolidate the amounts made avail5 able to such agency for such purposes under title I of this

6 Act.

7 ‘‘SEC. 5402. SINGLE LOCAL EDUCATIONAL AGENCY STATES.

8 ‘‘A State educational agency that also serves as a local

9 educational agency, in such agency’s applications or plans

10 under this Act, shall describe how such agency will elimi11 nate duplication in the conduct of administrative functions.

12 ‘‘SEC. 5403. CONSOLIDATION OF FUNDS FOR LOCAL ADMIN13 ISTRATION.

14 ‘‘(a) GENERAL AUTHORITY.—In accordance with regu15 lations of the Secretary, a local educational agency, with

16 the approval of its State educational agency, may consoli17 date and use for the administration of one or more covered

18 programs for any fiscal year not more than the percentage,

19 established in each covered program, of the total amount

20 available to the local educational agency under such covered

21 programs.

22 ‘‘(b) STATE PROCEDURES.—Within one year from the

23 date of enactment of the Improving America’s Schools Act

24 of 1994, a State educational agency shall, in collaboration

25 with local educational agencies in the State, establish proce-
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1 dures for responding to requests from local educational

2 agencies to consolidate administrative funds under sub3 section (a) and for establishing limitations on the amount

4 of funds under covered programs that may be used for ad5 ministration on a consolidated basis.

6 ‘‘(c) CONDITIONS.—A local educational agency that

7 consolidates administrative funds under this section for any

8 fiscal year shall not use any other funds under the programs

9 included in the consolidation for administration for that

10 fiscal year.

11 ‘‘(d) USES OF ADMINISTRATIVE FUNDS.—A local edu12 cational agency that consolidates administrative funds

13 under this section may use such consolidated funds for the

14 administration of covered programs and for the uses de15 scribed in section 5401(b)(2).

16 ‘‘(e) RECORDS.—A local educational agency that con17 solidates administrative funds under this section shall not

18 be required to keep separate records, by individual covered

19 program, to account for costs relating to the administration

20 of covered programs included in the consolidation.

21 ‘‘SEC. 5404. ADMINISTRATIVE FUNDS STUDIES.

22 ‘‘(a) FEDERAL FUNDS STUDY.—

23 ‘‘(1) IN GENERAL.—The Secretary shall conduct

24 a study of the use of funds under this Act for the ad25 ministration, by State and local educational agencies,
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1 of all covered programs, including the percentage of

2 grant funds used for such purpose in all covered pro3 grams.

4 ‘‘(2) STATE DATA.—Beginning in fiscal year

5 1995 and each succeeding fiscal year thereafter, each

6 State educational agency which receives funds under

7 title I shall submit to the Secretary a report on the

8 use of title I funds for the State administration of ac9 tivities assisted under title I. Such report shall in10 clude the proportion of State administrative funds

11 provided under section 1903 that are expended for—

12 ‘‘(A) basic program operation and compli13 ance monitoring;

14 ‘‘(B) statewide program services such as de15 velopment of standards and assessments, cur16 riculum development, and program evaluation;

17 and

18 ‘‘(C) technical assistance and other direct

19 support to local educational agencies and schools.

20 ‘‘(3) FEDERAL FUNDS REPORT.—The Secretary

21 shall complete the study conducted under this section

22 not later than July 1, 1997, and shall submit to the

23 President and the appropriate committees of the Con24 gress a report regarding such study within 30 days

25 of the completion of such study.
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1 ‘‘(4) RESULTS.—Based on the results of the

2 study described in subsection (a)(1), which may in3 clude collection and analysis of the data under para4 graph (2) and section 410(b) of the Improving Amer5 ica’s Schools Act of 1994, the Secretary shall—

6 ‘‘(A) develop a definition of what types of

7 activities constitute the administration of pro8 grams under this Act by State and local edu9 cational agencies; and

10 ‘‘(B) within one year of the completion of

11 such study, promulgate final regulations or

12 guidelines regarding the use of funds for admin13 istration under all programs, including the use

14 of such funds on a consolidated basis and limita15 tions on the amount of such funds that may be

16 used for administration where such limitation is

17 not otherwise specified in law.

18 ‘‘(b) GENERAL ADMINISTRATIVE FUNDS STUDY AND

19 REPORT.—Upon the date of completion of the pilot model

20 data system described in section 410(b) of the Improving

21 America’s Schools Act of 1994, the Secretary shall study

22 the information obtained through the use of such data sys23 tem and other relevant information, as well as any other

24 data systems which are in use on such date that account

25 for administrative expenses at the school, local educational
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1 agency, and State educational agency level, and shall report

2 to the Congress not later than July 1, 1997, regarding—

3 ‘‘(1) the potential for the reduction of adminis4 trative expenses at the school, local educational agen5 cy, and State educational agency levels;

6 ‘‘(2) the potential usefulness of such data system

7 to reduce such administrative expenses;

8 ‘‘(3) any other methods which may be employed

9 by schools, local educational agencies or State edu10 cational agencies to reduce administrative expenses

11 and maximize the use of funds for functions directly

12 affecting student learning; and

13 ‘‘(4) if appropriate, steps which may be taken to

14 assist schools, local educational agencies and State

15 educational agencies to account for and reduce ad16 ministrative expenses.

17 ‘‘SEC. 5405. CONSOLIDATED SET-ASIDE FOR DEPARTMENT

18 OF THE INTERIOR FUNDS.

19 ‘‘(a) GENERAL AUTHORITY.—

20 ‘‘(1) TRANSFER.—The Secretary shall transfer to

21 the Department of the Interior, as a consolidated

22 amount for covered programs, the Indian education

23 programs under part A of title VII of this Act, and

24 the education for homeless children and youth pro25 gram under subtitle B of title VII of the Stewart B.
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1 McKinney Homeless Assistance Act, the amounts al2 lotted to the Department of the Interior under those

3 programs.

4 ‘‘(2) AGREEMENT.—(A) The Secretary and the

5 Secretary of the Interior shall enter into an agree6 ment, consistent with the requirements of the pro7 grams specified in paragraph (1), for the distribution

8 and use of those program funds under terms that the

9 Secretary determines best meet the purposes of those

10 programs.

11 ‘‘(B) The agreement shall—

12 ‘‘(i) set forth the plans of the Secretary of

13 the Interior for the use of the amount trans14 ferred, and set forth performance measures to as15 sess program effectiveness, including measurable

16 goals and objectives; and

17 ‘‘(ii) be developed in consultation with In18 dian tribes.

19 ‘‘(b) ADMINISTRATION.—The Department of the Inte20 rior may use not more than 1.5 percent of the funds consoli21 dated under this section for such department’s costs related

22 to the administration of the funds transferred under this

23 section.
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1 ‘‘SEC. 5406. AVAILABILITY OF UNNEEDED PROGRAM FUNDS.

2 ‘‘With the approval of its State educational agency,

3 a local educational agency that determines for any fiscal

4 year that funds under a covered program (other than part

5 A of title I) are not needed for the purpose of that covered

6 program, may use such funds, not to exceed five percent

7 of the total amount of such local educational agency’s funds

8 under that covered program, for the purpose of another cov9 ered program.

10 ‘‘PART D—COORDINATION OF PROGRAMS; CON11 SOLIDATED STATE AND LOCAL PLANS AND

12 APPLICATIONS

13 ‘‘SEC. 5501. PURPOSE.

14 ‘‘It is the purpose of this part to improve teaching and

15 learning by encouraging greater cross-program coordina16 tion, planning, and service delivery under this Act and en17 hanced integration of programs under this Act with edu18 cational activities carried out with State and local funds.

19 ‘‘SEC. 5502. OPTIONAL CONSOLIDATED STATE PLANS OR AP20 PLICATIONS.

21 ‘‘(a) GENERAL AUTHORITY.—

22 ‘‘(1) SIMPLIFICATION.—In order to simplify ap23 plication requirements and reduce the burden for

24 State educational agencies under this Act, the Sec25 retary, in accordance with subsection (b), shall estab26 lish procedures and criteria under which, after con-
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1 sultation with the Governor, a State educational

2 agency may submit a consolidated State plan or a

3 consolidated State application meeting the require4 ments of this section for—

5 ‘‘(A) each of the covered programs in which

6 the State participates; and

7 ‘‘(B) the additional programs described in

8 paragraph (2).

9 ‘‘(2) ADDITIONAL PROGRAMS.—After consulta10 tion with the Governor, a State educational agency

11 may also include in its consolidated State plan or

12 consolidated State application—

13 ‘‘(A) the Even Start program under part B

14 of title I;

15 ‘‘(B) the Prevention and Intervention Pro16 grams for Youth Who Are Neglected, Delinquent,

17 or At-Risk of Dropping Out under part D of

18 title I; and

19 ‘‘(C) such other programs as the Secretary

20 may designate.

21 ‘‘(3) CONSOLIDATED APPLICATIONS AND

22 PLANS.—After consultation with the Governor, a

23 State educational agency that submits a consolidated

24 State plan or a consolidated State application under

25 this section shall not be required to submit separate
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1 State plans or applications under any of the pro2 grams to which the consolidated State plan or consoli3 dated State application under this section applies.

4 ‘‘(b) COLLABORATION.—

5 ‘‘(1) IN GENERAL.—In establishing criteria and

6 procedures under this section, the Secretary shall col7 laborate with State educational agencies and, as ap8 propriate, with other State agencies, local educational

9 agencies, public and private nonprofit agencies, orga10 nizations, and institutions, private schools, and rep11 resentatives of parents, students, and teachers.

12 ‘‘(2) CONTENTS.—Through the collaborative

13 process described in subsection (b)(1), the Secretary

14 shall establish, for each program under the Act to

15 which this section applies, the descriptions, informa16 tion, assurances, and other material required to be in17 cluded in a consolidated State plan or consolidated

18 State application.

19 ‘‘(3) NECESSARY MATERIALS.—The Secretary

20 shall require only descriptions, information, assur21 ances (including assurances of compliance with appli22 cable provisions regarding participation by private

23 school children and teachers), and other materials

24 that are absolutely necessary for the consideration of
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1 the consolidated State plan or consolidated State ap2 plication.

3 ‘‘SEC. 5503. GENERAL APPLICABILITY OF STATE EDU4 CATIONAL AGENCY ASSURANCES.

5 ‘‘(a) ASSURANCES.—A State educational agency that

6 submits a consolidated State plan or consolidated State ap7 plication under this Act, whether separately or under sec8 tion 5502, shall have on file with the Secretary a single

9 set of assurances, applicable to each program for which such

10 plan or application is submitted, that provides that—

11 ‘‘(1) each such program will be administered in

12 accordance with all applicable statutes, regulations,

13 program plans, and applications;

14 ‘‘(2)(A) the control of funds provided under each

15 such program and title to property acquired with

16 program funds will be in a public agency, in a non17 profit private agency, institution, or organization, or

18 in an Indian tribe if the law authorizing the program

19 provides for assistance to such entities; and

20 ‘‘(B) the public agency, nonprofit private agen21 cy, institution, or organization, or Indian tribe will

22 administer such funds and property to the extent re23 quired by the authorizing law;

24 ‘‘(3) the State will adopt and use proper methods

25 of administering each such program, including—
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1 ‘‘(A) the enforcement of any obligations im2 posed by law on agencies, institutions, organiza3 tions, and other recipients responsible for car4 rying out each program;

5 ‘‘(B) the correction of deficiencies in pro6 gram operations that are identified through au7 dits, monitoring, or evaluation; and

8 ‘‘(C) the adoption of written procedures for

9 the receipt and resolution of complaints alleging

10 violations of law in the administration of such

11 programs;

12 ‘‘(4) the State will cooperate in carrying out any

13 evaluation of each such program conducted by or for

14 the Secretary or other Federal officials;

15 ‘‘(5) the State will use such fiscal control and

16 fund accounting procedures as will ensure proper dis17 bursement of, and accounting for, Federal funds paid

18 to the State under each such program;

19 ‘‘(6) the State will—

20 ‘‘(A) make reports to the Secretary as may

21 be necessary to enable the Secretary to perform

22 the Secretary’s duties under each such program;

23 and

24 ‘‘(B) maintain such records, provide such

25 information to the Secretary, and afford access
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1 to the records as the Secretary may find nec2 essary to carry out the Secretary’s duties; and

3 ‘‘(7) before the plan or application was sub4 mitted to the Secretary, the State has afforded a rea5 sonable opportunity for public comment on the plan

6 or application and has considered such comment.

7 ‘‘(b) GEPA PROVISION.—Section 441 of the General

8 Education Provisions Act shall not apply to programs

9 under this Act.

10 ‘‘SEC. 5504. ADDITIONAL COORDINATION.

11 ‘‘(a) ADDITIONAL COORDINATION.—In order to explore

12 ways for State educational agencies to reduce administra13 tive burdens and promote the coordination of the education

14 services of this Act with other health and social service pro15 grams administered by such agencies, the Secretary is di16 rected to seek agreements with other Federal agencies (in17 cluding the Departments of Health and Human Services,

18 Justice, Labor and Agriculture) for the purpose of estab19 lishing procedures and criteria under which a State edu20 cational agency would submit a consolidated State plan or

21 consolidated State application that meets the requirements

22 of the covered programs.

23 ‘‘(b) REPORT.—The Secretary shall report to the rel24 evant committees 6 months after the date of enactment of

25 the Improving America’s Schools Act of 1994.
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1 ‘‘SEC. 5505. CONSOLIDATED LOCAL PLANS OR APPLICA2 TIONS.

3 ‘‘(a) GENERAL AUTHORITY.—A local educational

4 agency receiving funds under more than one covered pro5 gram may submit plans or applications to the State edu6 cational agency under such programs on a consolidated

7 basis.

8 ‘‘(b) REQUIRED CONSOLIDATED PLANS OR APPLICA9 TIONS.—A State educational agency that has submitted and

10 had approved a consolidated State plan or application

11 under section 5502 may require local educational agencies

12 in the State receiving funds under more than one program

13 included in the consolidated State plan or consolidated

14 State application to submit consolidated local plans or ap15 plications under such programs.

16 ‘‘(c) COLLABORATION.—A State educational agency

17 shall collaborate with local educational agencies in the State

18 in establishing procedures for the submission of the consoli19 dated State plans or consolidated State applications under

20 this section.

21 ‘‘(d) NECESSARY MATERIALS.—The State educational

22 agency shall require only descriptions, information, assur23 ances, and other material that are absolutely necessary for

24 the consideration of the local educational agency plan or

25 application.
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1 ‘‘SEC. 5506. OTHER GENERAL ASSURANCES.

2 ‘‘(a) ASSURANCES.—Any applicant other than a State

3 educational agency that submits a plan or application

4 under this Act, whether separately or pursuant to section

5 5504, shall have on file with the State educational agency

6 a single set of assurances, applicable to each program for

7 which a plan or application is submitted, that provides

8 that—

9 ‘‘(1) each such program will be administered in

10 accordance with all applicable statutes, regulations,

11 program plans, and applications;

12 ‘‘(2)(A) the control of funds provided under each

13 such program and title to property acquired with

14 program funds will be in a public agency or in a

15 nonprofit private agency, institution, organization, or

16 Indian tribe, if the law authorizing the program pro17 vides for assistance to such entities; and

18 ‘‘(B) the public agency, nonprofit private agen19 cy, institution, or organization, or Indian tribe will

20 administer such funds and property to the extent re21 quired by the authorizing statutes;

22 ‘‘(3) the applicant will adopt and use proper

23 methods of administering each such program,

24 including—

25 ‘‘(A) the enforcement of any obligations im26 posed by law on agencies, institutions, organiza-
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1 tions, and other recipients responsible for car2 rying out each program; and

3 ‘‘(B) the correction of deficiencies in pro4 gram operations that are identified through au5 dits, monitoring, or evaluation;

6 ‘‘(4) the applicant will cooperate in carrying out

7 any evaluation of each such program conducted by or

8 for the State educational agency, the Secretary or

9 other Federal officials;

10 ‘‘(5) the applicant will use such fiscal control

11 and fund accounting procedures as will ensure proper

12 disbursement of, and accounting for, Federal funds

13 paid to such applicant under each such program;

14 ‘‘(6) the applicant will—

15 ‘‘(A) make reports to the State educational

16 agency and the Secretary as may be necessary to

17 enable such agency and the Secretary to perform

18 their duties under each such program; and

19 ‘‘(B) maintain such records, provide such

20 information, and afford access to the records as

21 the State educational agency or the Secretary

22 may find necessary to carry out the State edu23 cational agency’s or the Secretary’s duties; and

24 ‘‘(7) before the application was submitted, the

25 applicant afforded a reasonable opportunity for pub-
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1 lic comment on the application and has considered

2 such comment.

3 ‘‘(b) GEPA PROVISION.—Section 442 of the General

4 Education Provisions Act does not apply to programs under

5 this Act.

6 ‘‘PART E—ADVANCED PLACEMENT PROGRAMS

7 ‘‘SEC. 5601. SHORT TITLE.

8 ‘‘This part may be cited as the ‘Access to High Stand9 ards Act’.

10 ‘‘SEC. 5602. FINDINGS AND PURPOSES.

11 ‘‘(a) FINDINGS.—Congress finds that—

12 ‘‘(1) far too many students are not being pro13 vided sufficient academic preparation in secondary

14 school, which results in limited employment opportu15 nities, college dropout rates of over 25 percent for the

16 first year of college, and remediation for almost one17 third of incoming college freshmen;

18 ‘‘(2) there is a growing consensus that raising

19 academic standards, establishing high academic ex20 pectations, and showing concrete results are at the

21 core of improving public education;

22 ‘‘(3) modeling academic standards on the well23 known program of advanced placement courses is an

24 approach that many education leaders and almost

25 half of all States have endorsed;
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1 ‘‘(4) advanced placement programs already are

2 providing 30 different college-level courses, serving al3 most 60 percent of all secondary schools, reaching

4 over 1,000,000 students (of whom 80 percent attend

5 public schools, 55 percent are females, and 30 percent

6 are minorities), and providing test scores that are ac7 cepted for college credit at over 3,000 colleges and

8 universities, every university in Germany, France,

9 and Austria, and most institutions in Canada and

10 the United Kingdom;

11 ‘‘(5) 24 States are now funding programs to in12 crease participation in advanced placement pro13 grams, including 19 States that provide funds for ad14 vanced placement teacher professional development, 3

15 States that require that all public secondary schools

16 offer advanced placement courses, 10 States that pay

17 the fees for advanced placement tests for some or all

18 students, and 4 States that require that their public

19 universities grant uniform academic credit for scores

20 of 3 or better on advanced placement tests; and

21 ‘‘(6) the State programs described in paragraph

22 (5) have shown the responsiveness of schools and stu23 dents to such programs, raised the academic stand24 ards both for students participating in such programs

25 and for other children taught by teachers who are in-
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1 volved in advanced placement courses, and have

2 shown tremendous success in increasing enrollment,

3 achievement, and minority participation in advanced

4 placement programs.

5 ‘‘(b) PURPOSES.—The purposes of this part are—

6 ‘‘(1) to encourage more of the 600,000 students

7 who take advanced placement courses but do not take

8 advanced placement exams each year to demonstrate

9 their achievements through taking the exams;

10 ‘‘(2) to build on the many benefits of advanced

11 placement programs for students, which benefits may

12 include the acquisition of skills that are important to

13 many employers, Scholastic Aptitude Tests (SAT)

14 scores that are 100 points above the national aver15 ages, and the achievement of better grades in sec16 ondary school and in college than the grades of stu17 dents who have not participated in the programs;

18 ‘‘(3) to support State and local efforts to raise

19 academic standards through advanced placement pro20 grams, and thus further increase the number of stu21 dents who participate and succeed in advanced place22 ment programs;

23 ‘‘(4) to increase the availability and broaden the

24 range of schools that have advanced placement pro25 grams, which programs are still often distributed un-
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1 evenly among regions, States, and even secondary

2 schools within the same school district, while also in3 creasing and diversifying student participation in the

4 programs;

5 ‘‘(5) to build on the State programs described in

6 subsection (a)(5) and demonstrate that larger and

7 more diverse groups of students can participate and

8 succeed in advanced placement programs;

9 ‘‘(6) to provide greater access to advanced place10 ment courses for low-income and other disadvantaged

11 students;

12 ‘‘(7) to provide access to advanced placement

13 courses for secondary school juniors at schools that do

14 not offer advanced placement programs, increase the

15 rate of secondary school juniors and seniors who par16 ticipate in advanced placement courses to 25 percent

17 of the secondary school student population, and in18 crease the numbers of students who receive advanced

19 placement test scores for which college academic credit

20 is awarded; and

21 ‘‘(8) to increase the participation of low-income

22 individuals in taking advanced placement tests

23 through the payment or partial payment of the costs

24 of the advanced placement test fees.
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1 ‘‘SEC. 5603. FUNDING DISTRIBUTION RULE.

2 ‘‘From amounts appropriated under section 5608 for

3 a fiscal year, the Secretary shall give first priority to fund4 ing activities under section 5606, and shall distribute any

5 remaining funds not so applied according to the following

6 ratio:

7 ‘‘(1) Seventy percent of the remaining funds

8 shall be available to carry out section 5604.

9 ‘‘(2) Thirty percent of the remaining funds shall

10 be available to carry out section 5605.

11 ‘‘SEC. 5604. ADVANCED PLACEMENT PROGRAM GRANTS.

12 ‘‘(a) GRANTS AUTHORIZED.—

13 ‘‘(1) IN GENERAL.—From amounts appropriated

14 under section 5608 and made available under section

15 5603(1) for a fiscal year, the Secretary shall award

16 grants, on a competitive basis, to eligible entities to

17 enable the eligible entities to carry out the authorized

18 activities described in subsection (c).

19 ‘‘(2) DURATION AND PAYMENTS.—

20 ‘‘(A) DURATION.—The Secretary shall

21 award a grant under this section for a period of

22 3 years.

23 ‘‘(B) PAYMENTS.—The Secretary shall make

24 grant payments under this section on an annual

25 basis.
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1 ‘‘(3) DEFINITION OF ELIGIBLE ENTITY.—In this

2 section, the term ‘eligible entity’ means a State edu3 cational agency or a local educational agency in the

4 State.

5 ‘‘(b) PRIORITY.—In awarding grants under this sec6 tion the Secretary shall give priority to eligible entities sub7 mitting applications under subsection (d) that

8 demonstrate—

9 ‘‘(1) a pervasive need for access to advanced

10 placement incentive programs;

11 ‘‘(2) the involvement of business and community

12 organizations in the activities to be assisted;

13 ‘‘(3) the availability of matching funds from

14 State or local sources to pay for the cost of activities

15 to be assisted;

16 ‘‘(4) a focus on developing or expanding ad17 vanced placement programs and participation in the

18 core academic areas of English, mathematics, and

19 science; and

20 ‘‘(5)(A) in the case of an eligible entity that is

21 a State educational agency, the State educational

22 agency carries out programs in the State that

23 target—
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1 ‘‘(i) local educational agencies serving

2 schools with a high concentration of low-income

3 students; or

4 ‘‘(ii) schools with a high concentration of

5 low-income students; or

6 ‘‘(B) in the case of an eligible entity that is a

7 local educational agency, the local educational agency

8 serves schools with a high concentration of low-income

9 students.

10 ‘‘(c) AUTHORIZED ACTIVITIES.—An eligible entity

11 may use grant funds under this section to expand access

12 for low-income individuals to advanced placement incentive

13 programs that involve—

14 ‘‘(1) teacher training;

15 ‘‘(2) preadvanced placement course development;

16 ‘‘(3) curriculum coordination and articulation

17 between grade levels that prepare students for ad18 vanced placement courses;

19 ‘‘(4) curriculum development;

20 ‘‘(5) books and supplies; and

21 ‘‘(6) any other activity directly related to ex22 panding access to and participation in advanced

23 placement incentive programs particularly for low-in24 come individuals.
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1 ‘‘(d) APPLICATION.—Each eligible entity desiring a

2 grant under this section shall submit an application to the

3 Secretary at such time, in such manner, and accompanied

4 by such information as the Secretary may require.

5 ‘‘(e) DATA COLLECTION AND REPORTING.—

6 ‘‘(1) DATA COLLECTION.—Each eligible entity re7 ceiving a grant under this section shall annually re8 port to the Secretary—

9 ‘‘(A) the number of students taking ad10 vanced placement courses who are served by the

11 eligible entity;

12 ‘‘(B) the number of advanced placement

13 tests taken by students served by the eligible enti14 ty;

15 ‘‘(C) the scores on the advanced placement

16 tests; and

17 ‘‘(D) demographic information regarding

18 individuals taking the advanced placement

19 courses and tests disaggregated by race, eth20 nicity, sex, English proficiency status, and socio21 economic status.

22 ‘‘(2) REPORT.—The Secretary shall annually

23 compile the information received from each eligible

24 entity under paragraph (1) and report to Congress

25 regarding the information.
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1 ‘‘SEC. 5605. ONLINE ADVANCED PLACEMENT COURSES.

2 ‘‘(a) GRANTS AUTHORIZED.—From amounts appro3 priated under section 5608 and made available under sec4 tion 5603(2) for a fiscal year, the Secretary shall award

5 grants to State educational agencies to enable such agencies

6 to award grants to local educational agencies to provide

7 students with online advanced placement courses.

8 ‘‘(b) STATE EDUCATIONAL AGENCY APPLICATIONS.—

9 ‘‘(1) APPLICATION REQUIRED.—Each State edu10 cational agency desiring a grant under this section

11 shall submit an application to the Secretary at such

12 time, in such manner, and accompanied by such in13 formation as the Secretary may require.

14 ‘‘(2) AWARD BASIS.—The Secretary shall award

15 grants under this section on a competitive basis.

16 ‘‘(c) GRANTS TO LOCAL EDUCATIONAL AGENCIES.—

17 Each State educational agency receiving a grant under sub18 section (b) shall award grants to local educational agencies

19 within the State to carry out activities described in sub20 section (e). In awarding grants under this subsection, the

21 State educational agency shall give priority to local edu22 cational agencies that—

23 ‘‘(1) serve high concentrations of low-income stu24 dents;

25 ‘‘(2) serve rural areas; and
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1 ‘‘(3) the State educational agency determines

2 will not have access to online advanced placement

3 courses without assistance provided under this sec4 tion.

5 ‘‘(d) CONTRACTS.—A local educational agency that re6 ceives a grant under this section may enter into a contract

7 with a nonprofit or for-profit organization to provide the

8 online advanced placement courses, including contracting

9 for necessary support services.

10 ‘‘(e) USES.—Grant funds provided under this section

11 may be used to purchase the online curriculum, to train

12 teachers with respect to the use of online curriculum, and

13 to purchase course materials.

14 ‘‘SEC. 5606. ADVANCED PLACEMENT INCENTIVE PROGRAM.

15 ‘‘(a) GRANTS AUTHORIZED.—From amounts appro16 priated under section 5608 and made available under sec17 tion 5603 for a fiscal year, the Secretary shall award grants

18 to State educational agencies having applications approved

19 under subsection (c) to enable the State educational agencies

20 to reimburse low-income individuals to cover part or all

21 of the costs of advanced placement test fees, if the low-in22 come individuals—

23 ‘‘(1) are enrolled in an advanced placement

24 class; and

25 ‘‘(2) plan to take an advanced placement test.
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1 ‘‘(b) AWARD BASIS.—In determining the amount of

2 the grant awarded to each State educational agency under

3 this section for a fiscal year, the Secretary shall consider

4 the number of children eligible to be counted under section

5 1124(c) in the State in relation to the number of such chil6 dren so counted in all the States.

7 ‘‘(c) INFORMATION DISSEMINATION.—A State edu8 cational agency shall disseminate information regarding

9 the availability of advanced placement test fee payments

10 under this section to eligible individuals through secondary

11 school teachers and guidance counselors.

12 ‘‘(d) APPLICATIONS.—Each State educational agency

13 desiring a grant under this section shall submit an applica14 tion to the Secretary at such time, in such manner, and

15 accompanied by such information as the Secretary may re16 quire. At a minimum, each State educational agency appli17 cation shall—

18 ‘‘(1) describe the advanced placement test fees the

19 State educational agency will pay on behalf of low20 income individuals in the State from grant funds

21 made available under this section;

22 ‘‘(2) provide an assurance that any grant funds

23 received under this section, other than funds used in

24 accordance with subsection (e), shall be used only to

25 pay for advanced placement test fees; and
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1 ‘‘(3) contain such information as the Secretary

2 may require to demonstrate that the State will ensure

3 that a student is eligible for payments under this sec4 tion, including documentation required under chapter

5 1 of subpart 2 of part A of title IV of the Higher

6 Education Act of 1965.

7 ‘‘(e) ADDITIONAL USES OF FUNDS.—If each eligible

8 low-income individual in a State pays not more than a

9 nominal fee to take an advanced placement test in a core

10 subject, then a State educational agency may use grant

11 funds made available under this section that remain after

12 advanced placement test fees have been paid on behalf of

13 all eligible low-income individuals in the State, for activi14 ties directly related to increasing—

15 ‘‘(1) the enrollment of low-income individuals in

16 advanced placement courses;

17 ‘‘(2) the participation of low-income individuals

18 in advanced placement courses; and

19 ‘‘(3) the availability of advanced placement

20 courses in schools serving high-poverty areas.

21 ‘‘(f) SUPPLEMENT, NOT SUPPLANT.—Grant funds pro22 vided under this section shall supplement, and not sup23 plant, other non-federal funds that are available to assist

24 low-income individuals in paying for the cost of advanced

25 placement test fees.
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1 ‘‘(g) REGULATIONS.—The Secretary shall prescribe

2 such regulations as are necessary to carry out this section.

3 ‘‘(h) REPORT.—Each State educational agency annu4 ally shall report to the Secretary information regarding—

5 ‘‘(1) the number of low-income individuals in the

6 State who received assistance under this section; and

7 ‘‘(2) any activities carried out pursuant to sub8 section (e).

9 ‘‘(i) DEFINITIONS.—In this section:

10 ‘‘(1) ADVANCED PLACEMENT TEST.—The term

11 ‘advanced placement test’ includes only an advanced

12 placement test approved by the Secretary for the pur13 poses of this section.

14 ‘‘(2) LOW-INCOME INDIVIDUAL.—The term ‘low15 income individual’ has the meaning given the term in

16 section 402A(g)(2) of the Higher Education Act of

17 1965.

18 ‘‘SEC. 5607. DEFINITIONS.

19 ‘‘In this part:

20 ‘‘(1) ADVANCED PLACEMENT INCENTIVE PRO21 GRAM.—The term ‘advanced placement incentive pro22 gram’ means a program that provides advanced

23 placement activities and services to low-income indi24 viduals.
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1 ‘‘(2) ADVANCED PLACEMENT TEST.—The term

2 ‘advanced placement test’ means an advanced place3 ment test administered by the College Board or ap4 proved by the Secretary.

5 ‘‘(3) HIGH CONCENTRATION OF LOW-INCOME

6 STUDENTS.—The term ‘high concentration of low-in7 come students’, used with respect to a State edu8 cational agency, local educational agency or school,

9 means an agency or school, as the case may be, that

10 serves a student population 40 percent or more of

11 whom are from families with incomes below the pov12 erty level, as determined in the same manner as the

13 determination is made under section 1124(c)(2).

14 ‘‘(4) LOW-INCOME INDIVIDUAL.—The term ‘low15 income individual’ means, other than for purposes of

16 section 5606, a low-income individual (as defined in

17 section 402A(g)(2) of the Higher Education Act of

18 1965) who is academically prepared to take success19 fully an advanced placement test as determined by a

20 school teacher or advanced placement coordinator tak21 ing into consideration factors such as enrollment and

22 performance in an advanced placement course or su23 perior academic ability.

24 ‘‘(5) INSTITUTION OF HIGHER EDUCATION.—The

25 term ‘institution of higher education’ has the meaning
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1 given the term in section 101(a) of the Higher Edu2 cation Act of 1965.

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

4 several States of the United States, the District of Co5 lumbia, the Commonwealth of Puerto Rico, Guam,

6 American Samoa, the United States Virgin Islands,

7 the Republic of the Marshall Islands, the Federated

8 States of Micronesia, and the Republic of Palau.

9 ‘‘SEC. 5608. AUTHORIZATION OF APPROPRIATIONS.

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

11 this part $50,000,000 for fiscal year 2002, and such sums

12 as may be necessary for each of the 6 succeeding fiscal years.

13 ‘‘PART F—PERFORMANCE AGREEMENTS

14 ‘‘SEC. 5701. SHORT TITLE.

15 ‘‘This part may be cited as the ‘Performance Agree16 ments Act’.

17 ‘‘SEC. 5702. PURPOSE.

18 ‘‘The purpose of this part is to create options for se19 lected State educational agencies and local educational

20 agencies—

21 ‘‘(1) to improve the academic achievement of all

22 students served by State educational agencies and

23 local educational agencies, and to focus the resources

24 of the Federal Government on that achievement;
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1 ‘‘(2) to better empower parents, educators, ad2 ministrators, and schools to effectively address the

3 needs of their children and students;

4 ‘‘(3) to give participating State educational

5 agencies and local educational agencies greater flexi6 bility in determining how to increase their students’

7 academic achievement and implement education re8 forms in their schools;

9 ‘‘(4) to eliminate barriers to implementing effec10 tive State and local education reform, while pre11 serving the goals of equality of opportunity for all

12 students and accountability for student progress;

13 ‘‘(5) to hold participating State educational

14 agencies and local educational agencies accountable

15 for increasing the academic achievement of all stu16 dents, especially disadvantaged students; and

17 ‘‘(6) to narrow achievement gaps between the

18 lowest and highest performing groups of students,

19 particularly low-income and minority students, so

20 that no child is left behind.

21 ‘‘SEC. 5703. PROGRAM AUTHORITY; SELECTION OF STATE

22 EDUCATIONAL AGENCIES AND LOCAL EDU23 CATIONAL AGENCIES.

24 ‘‘(a) PROGRAM AUTHORITY.—
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1 ‘‘(1) IN GENERAL.—Except as otherwise provided

2 in this part, the Secretary shall enter into perform3 ance agreements—

4 ‘‘(A) with State educational agencies and

5 local educational agencies that submit approv6 able performance agreement proposals and are

7 selected under paragraph (2); and

8 ‘‘(B) under which the agencies may consoli9 date and use funds as described in section 5705.

10 ‘‘(2) SELECTION OF STATE EDUCATIONAL AGEN11 CIES AND LOCAL EDUCATIONAL AGENCIES FOR PAR12 TICIPATION.—

13 ‘‘(A) IN GENERAL.—Subject to subpara14 graphs (C) and (D), the Secretary shall select not

15 more than 7 State educational agencies and 25

16 local educational agencies to enter into perform17 ance agreements under this part. The State edu18 cational agencies and local educational agencies

19 shall be selected from among those State edu20 cational agencies and local educational agencies

21 that—

22 ‘‘(i) demonstrate, to the satisfaction of

23 the Secretary, that the proposed perform24 ance agreement of the agency—
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1 ‘‘(I) has substantial promise of

2 meeting the requirements of this part;

3 and

4 ‘‘(II) describes a plan to combine

5 and use funds (as described in section

6 5705(a)(1)) under the agreement to ex7 ceed, by a statistically significant

8 amount, the State’s definition of ade9 quate yearly progress (as described in

10 subparagraph (B)) while meeting the

11 requirements of sections 1111 and

12 1116;

13 ‘‘(ii) have developed, and are admin14 istering, the assessments described in section

15 1111(b)(3);

16 ‘‘(iii) provide information in the pro17 posed performance agreement regarding how

18 the State educational agency—

19 ‘‘(I) has notified the local edu20 cational agencies within the State of

21 the State educational agency’s intent to

22 submit a proposed performance agree23 ment; and
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1 ‘‘(II) consulted with the Governor

2 of the State about the terms of the pro3 posed performance agreement;

4 ‘‘(iv) consulted and involved parents

5 and educators in the development of the

6 proposal; and

7 ‘‘(v) provide such other information, at

8 such time and in such manner, as the Sec9 retary may reasonably require.

10 ‘‘(B) DEFINITION OF ADEQUATE YEARLY

11 PROGRESS.—In this part the term ‘adequate

12 yearly progress’ means the adequate yearly

13 progress determined by the State pursuant to

14 section 1111(b)(2)(B).

15 ‘‘(C) GEOGRAPHIC DISTRIBUTION.—If more

16 than 7 State educational agencies or 25 local

17 educational agencies submit approvable perform18 ance agreements under this part, then the Sec19 retary shall select agencies for performance

20 agreements under this part in a manner that en21 sures, to the greatest extent possible, an equitable

22 geographic distribution of such agencies selected

23 for performance agreements. In addition, if more

24 than 25 local educational agencies submit ap25 provable performance agreements under this
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1 part, then the Secretary shall select local edu2 cational agencies for performance agreements

3 under this part in a manner that ensures an eq4 uitable distribution of such agencies selected for

5 performance agreements among such agencies

6 serving urban and rural areas.

7 ‘‘(D) LOCAL EDUCATIONAL AGENCY PARTICI8 PATION.—

9 ‘‘(i) IN GENERAL.—If a local edu10 cational agency is located in a State that

11 does not enter into a performance agreement

12 under subparagraph (A), then the local edu13 cational agency may be selected to enter

14 into a performance agreement with the Sec15 retary under subparagraph (A), but only if

16 the local educational agency—

17 ‘‘(I) meets the requirements of this

18 part that are applicable to the local

19 educational agency pursuant to clause

20 (iii), except as provided under clause

21 (v);

22 ‘‘(II) notifies the State edu23 cational agency of the local educational

24 agency’s intent to enter into a perform25 ance agreement under this part; and
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1 ‘‘(III) notifies the Governor of the

2 State regarding the terms of the pro3 posed performance agreement.

4 ‘‘(ii) PROHIBITION.—In the event that

5 a local educational agency enters into a

6 performance agreement under this part, the

7 State educational agency serving the State

8 in which the local educational agency is lo9 cated may not enter into a performance

10 agreement under this part unless—

11 ‘‘(I) the State educational agency

12 has consulted the local educational

13 agency; and

14 ‘‘(II) the term of the local edu15 cational agency’s original performance

16 agreement has ended.

17 ‘‘(iii) APPLICABILITY.—Except as pro18 vided in clauses (iv) and (v), each require19 ment and limitation under this part that is

20 applicable to a State educational agency

21 with respect to a performance agreement

22 under this part shall be applicable to a

23 local educational agency with respect to a

24 performance agreement under this section,
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1 to the extent the Secretary determines ap2 propriate.

3 ‘‘(iv) LOCAL EDUCATIONAL AGENCY

4 WAIVER.—

5 ‘‘(I) WAIVER.—If a local edu6 cational agency does not wish to par7 ticipate in the State educational agen8 cy’s performance agreement, then the

9 local educational agency shall apply to

10 the State educational agency for a

11 waiver within 45 days of notification

12 from the State educational agency of

13 the State educational agency’s desire to

14 participate in a performance agree15 ment.

16 ‘‘(II) RESPONSE.—A State edu17 cational agency that receives a waiver

18 application under subclause (I) shall

19 respond to the waiver application

20 within 45 days of receipt of the appli21 cation. In order to obtain the waiver,

22 the local educational agency shall rea23 sonably demonstrate to the State edu24 cational agency that the local edu25 cational agency would be better able to
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1 exceed adequate yearly progress by opt2 ing out of the performance agreement

3 and remaining subject to the require4 ments of the affected Federal programs.

5 If the State educational agency denies

6 the waiver, the State educational agen7 cy shall explain to the local edu8 cational agency the State educational

9 agency’s reasons for the denial.

10 ‘‘(III) APPLICABILITY.—If a local

11 educational agency receives a waiver

12 under this clause, then the agency shall

13 receive funds and be subject to the pro14 visions of Federal law governing each

15 Federal program included in the State

16 educational agency’s performance

17 agreement.

18 ‘‘(v) INAPPLICABILITY.—The following

19 provisions shall not apply to a local edu20 cational agency with respect to a perform21 ance agreement under this part:

22 ‘‘(I) The provisions of section

23 5703(a)(2)(A)(iii) relating to State

24 educational agency information.
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1 ‘‘(II) The provisions of section

2 5704(a)(3)(B) limiting the use of funds

3 other than those funds provided under

4 part A of title I.

5 ‘‘(III) The provisions of section

6 5705(b), to the extent that those provi7 sions permit the consolidation of funds

8 that are awarded by a State on a com9 petitive basis.

10 ‘‘(IV) The provisions relating to

11 distribution of funds under section

12 5706.

13 ‘‘(V) The provisions limiting

14 State use of funds for administrative

15 purposes under section 5708(a).

16 ‘‘(VI) The provisions of section

17 5709(e)(1) regarding State sanctions.

18 ‘‘(b) ED-FLEX PROHIBITION.—Each State or local

19 educational agency that enters into a performance agree20 ment under this part shall be ineligible to receive a waiver

21 under part B for the term of the performance agreement.

22 ‘‘SEC. 5704. PERFORMANCE AGREEMENT.

23 ‘‘(a) TERMS OF PERFORMANCE AGREEMENT.—

24 ‘‘(1) REQUIRED PROVISIONS.—Each performance

25 agreement entered into by the Secretary and a State
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1 educational agency or a local educational agency

2 under this part shall—

3 ‘‘(A) be for a term of 5 years, except as pro4 vided in section 5709(a);

5 ‘‘(B) provide that no requirements of any

6 program described in section 5705(b) and in7 cluded in the scope of the agreement shall apply,

8 except as otherwise provided in this part;

9 ‘‘(C) list which of the programs described in

10 section 5705(b) are included in the scope of the

11 performance agreement;

12 ‘‘(D) contain a 5-year plan describing how

13 the State educational agency will—

14 ‘‘(i) ensure compliance with sections

15 1003, 1111 (other than subsections (c) (3)

16 and (10)), 1112 (other than subsections (b)

17 (3) and (9), (c) (5), (7), and (9), and

18 (d)(3)), 1114, 1115, 1116, 1117, and 1118

19 (c), (d), and (e) (1), (3), and (7), except

20 that section 1114(a)(1) shall be applied sub21 stituting ‘35 percent’ for ‘40 percent’;

22 ‘‘(ii) address professional development

23 under the performance agreement;

24 ‘‘(iii) combine and use the funds from

25 programs included in the scope of the per-
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1 formance agreement to exceed, by a statis2 tically significant amount, the State’s defi3 nition of adequate yearly progress;

4 ‘‘(iv) if title II is included in the per5 formance agreement, ensure compliance

6 with sections 2141(a) and 2142(a), as ap7 plicable; and

8 ‘‘(v) if title III is included in the per9 formance agreement, ensure compliance

10 with section 3329;

11 ‘‘(E) contain an assurance that the State

12 educational agency has provided parents, teach13 ers, schools, and local educational agencies in the

14 State, with notice and an opportunity to com15 ment on the proposed terms of the performance

16 agreement, including the distribution and use of

17 funds to be consolidated, in accordance with

18 State law;

19 ‘‘(F) provide that the State educational

20 agency will use fiscal control and fund-account21 ing procedures that will ensure proper disburse22 ment of, and accounting for, Federal funds con23 solidated and used under the performance agree24 ment;
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1 ‘‘(G) contain an assurance that the State

2 educational agency will meet the requirements of

3 all applicable Federal civil rights laws in car4 rying out the performance agreement and in con5 solidating and using the funds under the per6 formance agreement;

7 ‘‘(H) require that, in consolidating and

8 using funds under the performance agreement,

9 the State educational agency will comply with

10 the equitable participation requirements de11 scribed in section 5705(c);

12 ‘‘(I) provide that the State educational

13 agency will, for the duration of the performance

14 agreement, use funds consolidated and used

15 under section 5705 only to supplement the

16 amount of funds that would, in the absence of

17 those Federal funds, be made available from non18 Federal sources for the education of students par19 ticipating in programs assisted with the consoli20 dated funds and used under section 5705, and

21 not to supplant those funds;

22 ‘‘(J) contain an assurance that the State

23 educational agency will comply with the mainte24 nance of effort requirements of paragraph (2);
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1 ‘‘(K) provide that, not later than 1 year

2 after the date on which the Secretary and the

3 State educational agency enter into the perform4 ance agreement, and annually thereafter during

5 the term of the agreement, the State educational

6 agency will disseminate widely to parents (in a

7 format and, to the extent practicable, in a lan8 guage the parents can understand) and the gen9 eral public, transmit to the Secretary, distribute

10 to print and broadcast media, and post on the

11 Internet, a report that includes—

12 ‘‘(i) the data as described in section

13 1111(j);

14 ‘‘(ii) a detailed description of how the

15 State educational agency used the funds

16 consolidated under the performance agree17 ment to exceed, by a statistically significant

18 amount, its definition of adequate yearly

19 progress; and

20 ‘‘(iii) whether the State educational

21 agency has met the teacher quality goals es22 tablished under title II; and

23 ‘‘(L) in the case of an agency that includes

24 subpart 1 of part A of title IV in its performance

25 agreement, contain an assurance that—
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1 ‘‘(i) the agency will not diminish its

2 ability to provide a drug and violence free

3 learning environment as a result of entering

4 into the performance agreement, except that

5 nothing in this clause shall be construed to

6 limit the ability of the agency to participate

7 in a program under title IV due to an un8 foreseen event involving drugs or violence;

9 ‘‘(ii) the agency will prepare the needs

10 assessment described in section 4112(a)(2)

11 and the report described in section 4117 (b)

12 and (c), as appropriate, for each school

13 year; and

14 ‘‘(iii) the agency will use the informa15 tion in the assessment and report described

16 in clause (ii) to ensure compliance with

17 clause (i).

18 ‘‘(2) MAINTENANCE OF STATE FINANCIAL SUP19 PORT.—

20 ‘‘(A) IN GENERAL.—Each State entering

21 into a performance agreement under this part

22 shall not reduce the amount of State financial

23 support for education for a fiscal year below the

24 amount of such support for the preceding fiscal

25 year.
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1 ‘‘(B) REDUCTION OF FUNDS FOR FAILURE

2 TO MAINTAIN EFFORT.—The Secretary shall re3 duce the allotment of funds to a State pursuant

4 to the terms of the performance agreement for

5 any fiscal year following a fiscal year in which

6 the State fails to comply with subparagraph (A)

7 by the same amount by which the State fails to

8 meet the requirements of subparagraph (A).

9 ‘‘(C) WAIVERS FOR EXCEPTIONAL OR UN10 CONTROLLABLE CIRCUMSTANCES.—The Secretary

11 may waive the requirement of subparagraph (A)

12 for a State, for one fiscal year at a time, if the

13 Secretary determines that granting a waiver

14 would be equitable due to exceptional or uncon15 trollable circumstances such as a natural dis16 aster or a precipitous and unforeseen decline in

17 the financial resources of the State.

18 ‘‘(D) SUBSEQUENT YEARS.—If, for any

19 year, a State fails to meet the requirement of

20 subparagraph (A), including any year for which

21 the State is granted a waiver under subpara22 graph (C), then the financial support required of

23 the State in future years under subparagraph

24 (A) shall be the amount that would have been re-
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1 quired in the absence of that failure and not the

2 reduced level of the State’s support.

3 ‘‘(3) MAINTENANCE OF LOCAL FINANCIAL SUP4 PORT.—

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

6 agency entering into a performance agreement

7 under this part shall not reduce the amount of

8 local educational agency financial support for

9 education for a fiscal year below 90 percent of

10 the amount of that support for the preceding fis11 cal year.

12 ‘‘(B) REDUCTION OF FUNDS FOR FAILURE

13 TO MAINTAIN SUPPORT.—The Secretary shall re14 duce the amount made available to a local edu15 cational agency under a performance agreement

16 under this part for any fiscal year following the

17 fiscal year in which the local educational agency

18 fails to comply with subparagraph (A) by the

19 same amount by which the local educational

20 agency fails to meet the requirements of subpara21 graph (A).

22 ‘‘(C) WAIVERS FOR EXCEPTIONAL OR UN23 CONTROLLABLE CIRCUMSTANCES.—The Secretary

24 may waive the requirement of subparagraph (A)

25 for a local educational agency if the Secretary
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1 determines that granting a waiver would be eq2 uitable due to exceptional or uncontrollable cir3 cumstances such as a natural disaster or a pre4 cipitous and unforeseen decline in the financial

5 resources of the local educational agency, or to

6 permit the local educational agency to adjust for

7 changes in student population within the schools

8 served by the local educational agency.

9 ‘‘(D) SUBSEQUENT YEARS.—If, for any

10 year, a local educational agency fails to meet the

11 requirement of subparagraph (A), including any

12 year for which the local educational agency is

13 granted a waiver under subparagraph (C), then

14 the financial support required of the local edu15 cational agency in future years under subpara16 graph (A) shall be the amount that would have

17 been required in the absence of that failure and

18 not the reduced level of the local educational

19 agency’s support.

20 ‘‘(4) PROGRAM-SPECIFIC PROVISIONS.—

21 ‘‘(A) PART A OF TITLE I FUNDS.—If part A

22 of title I is included in the scope of the perform23 ance agreement, the performance agreement shall

24 provide that sections 1113, and 1124 through

25 1127, shall apply to the allocation of funds
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1 under such part, unless the State educational

2 agency demonstrates, to the satisfaction of the

3 Secretary and prior to approval of the perform4 ance agreement, that the State educational agen5 cy will use an alternative allocation method that

6 will better target poverty or educational need.

7 Any alternative method shall result in the per8 centage of such funds allocated to each local edu9 cational agency served by the State educational

10 agency that meets the eligibility criteria for a

11 concentration grant according to section 1124A

12 exceeding the percentage of such funds allocated

13 to such local educational agency under part A of

14 title I. Such alternative allocation methods may

15 include implementation of a State’s weighted for16 mula, use of a State’s most current census data

17 to better target poor children, or a State setting

18 higher thresholds for poverty so that funding is

19 more targeted to schools with higher concentra20 tions of poverty.

21 ‘‘(B) NONTITLE I FUNDS.—The performance

22 agreement shall provide that, for funds other

23 than those under part A of title I that are con24 solidated and used under section 5705(b), the

25 State educational agency will demonstrate, to the
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1 satisfaction of the Secretary and prior to ap2 proval of the performance agreement, that the

3 State educational agency will allocate the funds

4 in a manner that, each year, allocates funds to

5 serve high concentrations of children from low6 income families at a level proportional to or

7 higher than the level that would occur without

8 such consolidation or use.

9 ‘‘(b) APPROVAL OF PERFORMANCE AGREEMENT.—

10 ‘‘(1) IN GENERAL.—Subject to section 5703(a),

11 not later than 90 days after the deadline established

12 by the Secretary for receipt of a complete proposed

13 performance agreement, the Secretary shall approve

14 the performance agreement, or provide the State edu15 cational agency with a written explanation for not

16 approving the performance agreement.

17 ‘‘(2) PEER REVIEW.—The Secretary shall—

18 ‘‘(A) establish a peer review process to assist

19 in the review of proposed performance agree20 ments under this part; and

21 ‘‘(B) appoint individuals to the peer review

22 process who are representative of parents, teach23 ers, State educational agencies, and local edu24 cational agencies, and who are familiar with

25 educational standards, assessments, account-
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1 ability, curriculum, instruction and staff devel2 opment, and other diverse educational needs of

3 students.

4 ‘‘(c) AMENDMENT TO PERFORMANCE AGREEMENT.—

5 ‘‘(1) IN GENERAL.—Not later than 1 year after

6 entering into a performance agreement under this

7 part, a State educational agency may amend its

8 agreement to—

9 ‘‘(A) remove from the scope of the agreement

10 any program described in section 5705(b); or

11 ‘‘(B) include in the scope of the agreement

12 any additional program described in section

13 5705(b), or any additional achievement indica14 tors for which the State educational agency will

15 be held accountable.

16 ‘‘(2) APPROVAL OF AMENDMENT.—

17 ‘‘(A) IN GENERAL.—Not later than 90 days

18 after the receipt of a complete proposed amend19 ment described in paragraph (1), the Secretary

20 shall approve the amendment unless the Sec21 retary, by that deadline, provides the State edu22 cational agency with a written determination

23 that the plan, as amended, would no longer have

24 substantial promise of meeting the requirements

25 of this part and meeting the State educational
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1 agency’s objective to exceed adequate yearly

2 progress.

3 ‘‘(B) TREATMENT AS APPROVED.—Each

4 amendment for which the Secretary fails to take

5 the action required under subparagraph (A) in

6 the time period described in that subparagraph

7 shall be considered to be approved.

8 ‘‘(3) ADDITIONAL AMENDMENTS.—In addition to

9 the amendments described in paragraph (1), the State

10 educational agency, at any time, may amend its per11 formance agreement if the State educational agency

12 demonstrates, to the satisfaction of the Secretary,

13 that—

14 ‘‘(A) the plan, as amended, will continue to

15 have substantial promise of meeting the require16 ments of this part; and

17 ‘‘(B) the amendment sought by the State

18 will not substantially alter the original agree19 ment.

20 ‘‘(4) TREATMENT OF PROGRAM FUNDS WITH21 DRAWN FROM AGREEMENT.—The addition, or re22 moval, of a program to or from the scope of a per23 formance agreement under paragraph (1) shall take

24 effect with respect to the participating agency’s use of

25 funds made available under that program beginning
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1 on the first day of the first full academic year fol2 lowing the approval of the amendment.

3 ‘‘SEC. 5705. CONSOLIDATION AND USE OF FUNDS.

4 ‘‘(a) IN GENERAL.—

5 ‘‘(1) AUTHORITY.—Under a performance agree6 ment entered into under this part, a State edu7 cational agency may consolidate, subject to subsection

8 (c), Federal funds made available to the State edu9 cational agency under the provisions listed in sub10 section (b) and use those funds for any purpose or use

11 permitted under any of the eligible programs listed in

12 section 5705(b), subject to paragraph (3).

13 ‘‘(2) PROGRAM REQUIREMENTS.—Except as oth14 erwise provided in this part, a State educational

15 agency may use funds under paragraph (1) notwith16 standing the requirements of the program under

17 which the funds were made available to the State edu18 cational agency.

19 ‘‘(3) CONTINUATION AWARDS.—A State edu20 cational agency shall make continuation awards for

21 the duration of the grants to recipients of multiyear

22 competitive grants under any of the programs de23 scribed in subsection (b) that were initially awarded

24 prior to entering into the performance agreement, and

25 shall not consolidate any funds under subsection (b)
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1 for any year until after those continuation awards

2 are made.

3 ‘‘(b) ELIGIBLE PROGRAMS.—Only funds made avail4 able for fiscal year 2002 or any succeeding fiscal year to

5 State educational agencies under programs under any of

6 the following provisions of law may be consolidated and

7 used under subsection (a):

8 ‘‘(1) Part A (other than section 1003), subpart

9 1 of part B, part F or G, or subpart 2 of part H (but

10 only if appropriations for such subpart exceed

11 $250,000,000 and the program becomes a State for12 mula grant program), of title I.

13 ‘‘(2) Subpart 1 or 2 of part A, or part C, of title

14 II.

15 ‘‘(3) Part A or D, as appropriate, of title III

16 (other than grant funds made available under section

17 3324(c)(1)).

18 ‘‘(4) Subpart 1 of part A of title IV.

19 ‘‘(5) Subpart 3 of part A, or subpart 4 of part

20 B, of title V.

21 ‘‘(6) Any appropriation subsequent to fiscal year

22 2001 for the purposes described in section 310 of the

23 Department of Education Appropriations Act, 2000.

24 ‘‘(7) Any appropriation subsequent to fiscal year

25 2001 for the purposes described in section 321(b)(2)
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1 of the Department of Education Appropriations Act,

2 2001.

3 ‘‘(8) Any other program under this Act that is

4 enacted after the date of enactment of the Better Edu5 cation for Students and Teachers Act under which the

6 Secretary provides grants to State educational agen7 cies to assist elementary and secondary education on

8 the basis of a formula.

9 ‘‘(c) EQUITABLE PARTICIPATION REQUIREMENTS.—If

10 a State educational agency or local educational agency in11 cludes in the scope of its performance agreement programs

12 described in subsection (b) that have requirements relating

13 to the equitable participation of private schools, then—

14 ‘‘(1) each local educational agency in the State,

15 or the local educational agency, as appropriate, shall

16 determine the amount of consolidated funds to be used

17 for services and benefits for private school students

18 and teachers by—

19 ‘‘(A) calculating separately the amount of

20 funds for services and benefits for private school

21 students and teachers under each program that

22 is consolidated and to which those requirements

23 apply; and

24 ‘‘(B) totaling the amounts calculated under

25 subparagraph (A);
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1 ‘‘(2) except as described in paragraph (3), all eq2 uitable participation requirements, including any by3 pass requirements, applicable to the program that is

4 consolidated shall continue to apply to the funds con5 solidated under the agreement from that program;

6 and

7 ‘‘(3) the agency may use the amount of funds de8 termined under paragraph (1) only for those services

9 and benefits for private school students and teachers

10 in accordance with any of the consolidated programs

11 to which the equitable participation requirements

12 apply, but may not provide any additional benefits

13 or services beyond those allowable under the applica14 ble equitable participation requirements under this

15 Act.

16 ‘‘SEC. 5706. STATE RESERVATION FOR STATE-LEVEL ACTIVI17 TIES.

18 ‘‘(a) STATE-LEVEL ACTIVITIES.—In order to carry out

19 State-level activities under the purposes described in section

20 5705(a)(1) to exceed, by a statistically significant amount,

21 the State’s definition of adequate yearly progress, a State

22 educational agency that—

23 ‘‘(1) includes part A of title I in the scope of its

24 performance agreement, may reserve not more than 5
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1 percent of the funds under that part to carry out such

2 activities; and

3 ‘‘(2) includes programs other than part A of title

4 I in the scope of its performance agreement, may re5 serve not more than 10 percent of the funds under

6 those other programs to carry out such activities.

7 ‘‘(b) DISTRIBUTION OF REMAINDER.—A State edu8 cational agency shall distribute the consolidated funds not

9 used under subsection (a) to local educational agencies in

10 the State in a manner determined by the State educational

11 agency in accordance with section 5707.

12 ‘‘SEC. 5707. DISTRIBUTION OF FUNDS UNDER AGREEMENT.

13 ‘‘The distribution of funds consolidated under a per14 formance agreement shall be determined by the State edu15 cational agency in consultation with the Governor of the

16 State, subject to the requirements of this part.

17 ‘‘SEC. 5708. LIMITATIONS ON ADMINISTRATIVE EXPENDI18 TURES.

19 ‘‘(a) STATE EDUCATIONAL AGENCY.—Subject to sec20 tion 5709(e)(1), each State educational agency that has en21 tered into a performance agreement under this part may

22 reserve for administrative purposes not more than 1 percent

23 of the total amount of funds made available to the State

24 educational agency under the programs included in the

25 scope of the performance agreement.
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1 ‘‘(b) LOCAL EDUCATIONAL AGENCY.—Subject to sec2 tion 5709(e)(2), each local educational agency that has en3 tered into a performance agreement with the Secretary

4 under this part may use for administrative purposes not

5 more than 4 percent of the total amount of funds made

6 available to the local educational agency under the pro7 grams included in the scope of the performance agreement.

8 ‘‘SEC. 5709. PERFORMANCE REVIEW AND PENALTIES.

9 ‘‘(a) EARLY TERMINATION OF AGREEMENT.—

10 ‘‘(1) PERFORMANCE GOAL FAILURE.—Beginning

11 with the first full academic year after a State edu12 cational agency enters into a performance agreement

13 under this part, and after providing the State edu14 cational agency with notice and an opportunity for

15 a hearing (including the opportunity to provide infor16 mation as provided in paragraph (3)), if the State

17 educational agency fails to meet its definition of ade18 quate yearly progress for 2 consecutive years, or fails

19 to exceed, by a statistically significant amount, its

20 definition of adequate yearly progress for 3 consecu21 tive years, then the Secretary shall terminate prompt22 ly the performance agreement.

23 ‘‘(2) NONCOMPLIANCE.—The Secretary may,

24 after providing notice and an opportunity for a hear25 ing (including the opportunity to provide information
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1 as provided in paragraph (3)), terminate a perform2 ance agreement if there is evidence that the State edu3 cational agency has failed to comply with the terms

4 of the performance agreement.

5 ‘‘(3) INFORMATION.—If a State educational

6 agency believes that the Secretary’s determination

7 under this subsection is in error for statistical or

8 other substantive reasons, the State educational agen9 cy may provide supporting evidence to the Secretary,

10 and the Secretary shall consider that evidence before

11 making a final early termination determination.

12 ‘‘(b) NO RENEWAL IF PERFORMANCE UNSATISFAC13 TORY.—If, at the end of the 5-year term of a performance

14 agreement entered into under this part, a State educational

15 agency has not substantially met the State’s definition of

16 adequate yearly progress, then the Secretary shall not renew

17 the agreement under section 5710.

18 ‘‘(c) TWO-YEAR WAIT-OUT PERIOD.—A State edu19 cational agency whose performance agreement was termi20 nated under subsection (a), or was not renewed in accord21 ance with subsection (b), may not enter into another per22 formance agreement under this part until after the State

23 educational agency meets its definition of adequate yearly

24 progress for 2 consecutive years following the termination

25 or nonrenewal.
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1 ‘‘(d) PROGRAM REQUIREMENTS IN EFFECT AFTER

2 TERMINATION OR NONRENEWAL OF THE AGREEMENT.—Be3 ginning on the first day of the first full academic year fol4 lowing the end of a performance agreement under this part

5 (including through termination under subsection (a)) the

6 State educational agency shall comply with each of the pro7 gram requirements in effect on that date for each program

8 included in the performance agreement.

9 ‘‘(e) SANCTIONS.—

10 ‘‘(1) STATE SANCTIONS.—If, beginning with the

11 first full academic year after a State educational

12 agency enters into a performance agreement under

13 this part—

14 ‘‘(A) the Secretary determines, on the basis

15 of data from the State assessment system de16 scribed in section 1111 and data from State as17 sessments under the National Assessment of Edu18 cational Progress of 4th and 8th grade reading

19 and mathematics skills, for 2 consecutive years,

20 that—

21 ‘‘(i) the State educational agency has

22 failed to exceed, by a statistically signifi23 cant amount, the State’s definition of ade24 quate yearly progress; and
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1 ‘‘(ii) students who are racial and eth2 nic minorities, and economically disadvan3 taged students, in the State failed to make

4 statistically significant progress in the aca5 demic subjects for which the State has devel6 oped State content and student performance

7 standards,

8 then the amount that the State educational agen9 cy may use for administrative expenses in ac10 cordance with section 5708 shall be reduced by

11 30 percent;

12 ‘‘(B) the Secretary determines that a State

13 educational agency which included title II in its

14 performance agreement failed to comply with

15 section 2141(a), then the Secretary shall with16 hold funds as described in section 2141(d); and

17 ‘‘(C) the Secretary determines that a State

18 educational agency which included title III in

19 its performance agreement failed to comply with

20 section 3329, then the Secretary shall withhold

21 funds as described in section 3329(b).

22 ‘‘(2) LOCAL EDUCATIONAL AGENCIES.—If, begin23 ning with the first full academic year after a local

24 educational agency enters into a performance agree25 ment under this part, the Secretary determines, on
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1 the basis of data from the State assessment system de2 scribed in section 1111 that a local educational agen3 cy failed to exceed, by a statistically significant

4 amount, the State’s definition of adequate yearly

5 progress for 2 consecutive years, then the amount that

6 the local educational agency may use for administra7 tive expenses in accordance with section 5708 shall be

8 reduced by 30 percent.

9 ‘‘SEC. 5710. RENEWAL OF PERFORMANCE AGREEMENT.

10 ‘‘(a) IN GENERAL.—Except as provided in section

11 5709 (a) and (b), and in accordance with this section, the

12 Secretary shall renew for 1 additional 5-year term a per13 formance agreement under this part if the Secretary deter14 mines, on the basis of the information reported under sec15 tion 5704(a)(1)(K), that the adequate yearly progress de16 scribed in the performance agreement has been exceeded by

17 a statistically significant amount.

18 ‘‘(b) NOTIFICATION.—The Secretary shall not renew a

19 performance agreement under this part unless the State

20 educational agency seeking the renewal notifies the Sec21 retary of the agency’s intention to renew the performance

22 agreement not less than 6 months prior to the end of the

23 original term of the performance agreement.

24 ‘‘(c) EFFECTIVE DATE.—A renewal under this section

25 shall be effective at the end of the original term of the per-
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1 formance agreement or on the date on which the State edu2 cational agency provides to the Secretary all data and in3 formation required under the performance agreement,

4 whichever is later, except that in no case may there be a

5 renewal under this section unless that data and information

6 is provided to the Secretary not later than 60 days after

7 the end of the original term of the performance agreement.

8 ‘‘SEC. 5711. EVALUATION.

9 ‘‘(a) STUDY.—The Secretary is authorized to award

10 a grant to the Comptroller General to conduct a study ex11 amining the effectiveness of the demonstration program

12 under this part. The study shall examine—

13 ‘‘(1) the performance of the disaggregated groups

14 of students described in section 1111(b)(3)(K) prior to

15 entering into the performance agreement as compared

16 to the performance of such groups after completion of

17 the performance agreement on State assessments and

18 the National Assessment of Educational Progress;

19 ‘‘(2) the dropout data (as required by section

20 1111(j)) prior to entering into the performance agree21 ment as compared to the dropout data after comple22 tion of the performance agreement;

23 ‘‘(3) the ways in which the State educational

24 agencies and local educational agencies entering into

25 performance agreements distributed and used Federal
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1 education resources as compared to the ways in which

2 such agencies distributed and used Federal education

3 resources prior to entering the performance agree4 ment;

5 ‘‘(4) a comparison of the data described in para6 graphs (1), (2), and (3) between State educational

7 agencies and local educational agencies entering into

8 performance agreements compared to other State edu9 cational agencies and local educational agencies to

10 determine the effectiveness of the program; and

11 ‘‘(5) any other factors that are relevant to evalu12 ating the effectiveness of the program.

13 ‘‘(b) REPORT.—The Secretary shall make public the

14 results of the evaluation carried out under subsection (a)

15 and shall report the results of the study to the Committee

16 on Health, Education, Labor, and Pensions of the Senate

17 and the Committee on Education and the Workforce of the

18 House of Representatives.

19 ‘‘SEC. 5712. TRANSMITTAL OF REPORTS TO CONGRESS.

20 ‘‘Not later than 60 days after the Secretary receives

21 an annual report described in section 5704(a)(1)(K), the

22 Secretary shall make the report available to the Committee

23 on Education and the Workforce of the House of Representa24 tives and the Committee on Health, Education, Labor, and

25 Pensions of the Senate.’’.
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1 SEC. 502. EMPOWERING PARENTS.

2 (a) SHORT TITLE.—This section may be cited as the

3 ‘‘Empowering Parents Act of 2001’’.

4 (b) PUBLIC SCHOOL CHOICE.—

5 (1) SHORT TITLE OF SUBSECTION.—This sub6 section may be referred to as the ‘‘Enhancing Public

7 Education Through Choice Act’’.

8 (2) PURPOSES.—The purposes of this subsection

9 are—

10 (A) to prevent children from being con11 signed to, or left trapped in, failing schools;

12 (B) to ensure that parents of children in

13 failing public schools have the choice to send

14 their children to higher performing public

15 schools, including public charter schools;

16 (C) to support and stimulate improved pub17 lic school performance through increased public

18 school competition and increased Federal finan19 cial assistance;

20 (D) to provide parents with more choices

21 among public school options; and

22 (E) to assist local educational agencies with

23 low-performing schools to implement districtwide

24 public school choice programs or enter into part25 nerships with other local educational agencies to
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1 offer students interdistrict or statewide public

2 school choice programs.

3 (3) PUBLIC SCHOOL CHOICE PROGRAMS.—Part

4 A of title V, as amended in section 501, is further

5 amended by adding at the end the following:

6 ‘‘Subpart 4—Voluntary Public School Choice

7 Programs

8 ‘‘SEC. 5161. DEFINITIONS.

9 ‘‘In this subpart:

10 ‘‘(1) CHARTER SCHOOL.—The term ‘charter

11 school’ has the meaning given such term in section

12 5120.

13 ‘‘(2) LOWEST PERFORMING SCHOOL.—The term

14 ‘lowest performing school’ means a public school that

15 has failed to make adequate yearly progress, as de16 scribed in section 1111, for 2 or more years.

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

18 means the income official poverty line (as defined by

19 the Office of Management and Budget, and revised

20 annually in accordance with section 673(2) of the

21 Community Services Block Grant Act (42 U.S.C.

22 9902(2))) applicable to a family of the size involved,

23 for the most recent fiscal year for which satisfactory

24 data are available.
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1 ‘‘(4) PUBLIC SCHOOL.—The term ‘public school’

2 means a charter school, a public elementary school,

3 and a public secondary school.

4 ‘‘(5) STUDENT IN POVERTY.—The term ‘student

5 in poverty’ means a student from a family with an

6 income below the poverty line.

7 ‘‘SEC. 5162. GRANTS.

8 ‘‘The Secretary shall make grants, on a competitive

9 basis, to State educational agencies and local educational

10 agencies, to enable the agencies, including the agencies serv11 ing the lowest performing schools, to implement programs

12 of universal public school choice.

13 ‘‘SEC. 5163. USE OF FUNDS.

14 ‘‘(a) IN GENERAL.—An agency that receives a grant

15 under this subpart shall use the funds made available

16 through the grant to pay for the expenses of implementing

17 a public school choice program, including—

18 ‘‘(1) the expenses of providing transportation

19 services or the cost of transportation to eligible chil20 dren;

21 ‘‘(2) the cost of making tuition transfer pay22 ments to public schools to which students transfer

23 under the program;
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1 ‘‘(3) the cost of capacity-enhancing activities

2 that enable high-demand public schools to accommo3 date transfer requests under the program;

4 ‘‘(4) the cost of carrying out public education

5 campaigns to inform students and parents about the

6 program;

7 ‘‘(5) administrative costs; and

8 ‘‘(6) other costs reasonably necessary to imple9 ment the program.

10 ‘‘(b) SUPPLEMENT, NOT SUPPLANT.—Funds made

11 available under this subpart shall supplement, and not sup12 plant, State and local public funds expended to provide

13 public school choice programs for eligible individuals.

14 ‘‘SEC. 5164. REQUIREMENTS.

15 ‘‘(a) INCLUSION IN PROGRAM.—In carrying out a pub16 lic school choice program under this subpart, a State edu17 cational agency or local educational agency shall—

18 ‘‘(1) allow all students attending public schools

19 within the State or school district involved to attend

20 the public school of their choice within the State or

21 school district, respectively;

22 ‘‘(2) provide all eligible students in all grade lev23 els equal access to the program;
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1 ‘‘(3) include in the program charter schools and

2 any other public school in the State or school district,

3 respectively; and

4 ‘‘(4) develop the program with the involvement of

5 parents and others in the community to be served,

6 and individuals who will carry out the program, in7 cluding administrators, teachers, principals, and

8 other staff.

9 ‘‘(b) NOTICE.—In carrying out a public school choice

10 program under this subpart, a State educational agency or

11 local educational agency shall give parents of eligible stu12 dents prompt notice of the existence of the program and

13 the program’s availability to such parents, and a clear ex14 planation of how the program will operate.

15 ‘‘(c) TRANSPORTATION.—In carrying out a public

16 school choice program under this subpart, a State edu17 cational agency or local educational agency shall provide

18 eligible students with transportation services or the cost of

19 transportation to and from the public schools, including

20 charter schools, that the students choose to attend under this

21 program.

22 ‘‘(d) NONDISCRIMINATION.—Notwithstanding sub23 section (a)(3), no public school may discriminate on the

24 basis of race, color, religion, sex, national origin, sexual ori-
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1 entation, or disability in providing programs and activities

2 under this subpart.

3 ‘‘(e) PARALLEL ACCOUNTABILITY.—Each State edu4 cational agency or local educational agency receiving a

5 grant under this subpart for a program through which a

6 charter school receives assistance shall hold the school ac7 countable for adequate yearly progress in improving stu8 dent performance as described in title I and as established

9 in the school’s charter, including the use of the standards

10 and assessments established under title I.

11 ‘‘SEC. 5165. APPLICATIONS.

12 ‘‘(a) IN GENERAL.—To be eligible to receive a grant

13 under this subpart, a State educational agency or local edu14 cational agency shall submit an application to the Sec15 retary at such time, in such manner, and containing such

16 information as the Secretary may require.

17 ‘‘(b) CONTENTS.—Each application for a grant under

18 this subpart shall include—

19 ‘‘(1) a description of the program for which the

20 agency seeks funds and the goals for such program;

21 ‘‘(2) a description of how the program will be co22 ordinated with, and will complement and enhance,

23 other related Federal and non-Federal projects;
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1 ‘‘(3) if the program is carried out by a partner2 ship, the name of each partner and a description of

3 the partner’s responsibilities;

4 ‘‘(4) a description of the policies and procedures

5 the agency will use to ensure—

6 ‘‘(A) accountability for results, including

7 goals and performance indicators; and

8 ‘‘(B) that the program is open and acces9 sible to, and will promote high academic stand10 ards for, all students; and

11 ‘‘(5) such other information as the Secretary

12 may require.

13 ‘‘SEC. 5166. PRIORITIES.

14 ‘‘In making grants under this subpart, the Secretary

15 shall give priority to—

16 ‘‘(1) first, those State educational agencies and

17 local educational agencies serving the lowest per18 forming schools;

19 ‘‘(2) second, those State educational agencies and

20 local educational agencies serving the highest percent21 age of students in poverty; and

22 ‘‘(3) third, those State educational agencies or

23 local educational agencies forming a partnership that

24 seeks to implement an interdistrict approach to car25 rying out a public school choice program.
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1 ‘‘SEC. 5167. EVALUATIONS, TECHNICAL ASSISTANCE, AND

2 DISSEMINATION.

3 ‘‘(a) IN GENERAL.—From the amount made available

4 to carry out this subpart for any fiscal year, the Secretary

5 may reserve not more than 5 percent to carry out evalua6 tions, to provide technical assistance, and to disseminate

7 information.

8 ‘‘(b) EVALUATIONS.—In carrying out evaluations

9 under subsection (a), the Secretary may use the amount re10 served under subsection (a) to carry out 1 or more evalua11 tions of State and local programs assisted under this sub12 part, which shall, at a minimum, address—

13 ‘‘(1) how, and the extent to which, the programs

14 promote educational equity and excellence; and

15 ‘‘(2) the extent to which public schools carrying

16 out the programs are—

17 ‘‘(A) held accountable to the public;

18 ‘‘(B) effective in improving public edu19 cation; and

20 ‘‘(C) open and accessible to all students.

21 ‘‘SEC. 5168. AUTHORIZATION OF APPROPRIATIONS.

22 ‘‘There is authorized to be appropriated to carry out

23 this subpart $125,000,000 for fiscal year 2002 and each

24 subsequent fiscal year.’’.

25 (c) PUBLIC CHARTER SCHOOL FACILITIES FINANC26 ING.—
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1 (1) SHORT TITLE OF SUBSECTION.—This sub2 section may be cited as the ‘‘Charter Schools Equity

3 Act’’.

4 (2) PURPOSES.—The purposes of this subsection

5 are—

6 (A) to help eliminate the barriers that pre7 vent charter school developers from accessing the

8 credit markets, by encouraging lending institu9 tions to lend funds to charter schools on terms

10 more similar to the terms typically extended to

11 traditional public schools; and

12 (B) to encourage the States to provide sup13 port to charter schools for facilities financing in

14 an amount more nearly commensurate to the

15 amount the States have typically provided for

16 traditional public schools.

17 (3) CHARTER SCHOOLS.—

18 (A) CONFORMING AMENDMENT.—Section

19 5112(e)(1), as amended in section 501, is further

20 amended by inserting ‘‘(other than funds re21 served to carry out section 5115(b))’’ after ‘‘sec22 tion 5121’’.

23 (B) MATCHING GRANTS TO STATES.—Sec24 tion 5115, as amended in section 501, is further

25 amended—
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1 (i) in subsection (a), by inserting

2 ‘‘(other than funds reserved to carry out

3 subsection (b))’’ after ‘‘this subpart’’;

4 (ii) by redesignating subsection (b) as

5 subsection (c); and

6 (iii) by inserting after subsection (a)

7 the following:

8 ‘‘(b) PER-PUPIL FACILITIES AID PROGRAMS.—

9 ‘‘(1) GRANTS.—

10 ‘‘(A) IN GENERAL.—From the amount made

11 available to carry out this subsection under sec12 tion 5121 for any fiscal year, the Secretary shall

13 make grants, on a competitive basis, to States to

14 pay for the Federal share of the cost of estab15 lishing or enhancing, and administering, pro16 grams in which the States make payments, on a

17 per-pupil basis, to charter schools to assist the

18 schools in financing school facilities (referred to

19 in this subsection as ‘per-pupil facilities aid pro20 grams’).

21 ‘‘(B) PERIOD.—The Secretary shall award

22 grants under this subsection for periods of not

23 more than 5 years.

24 ‘‘(C) FEDERAL SHARE.—The Federal share

25 of the cost described in subparagraph (A) for a
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1 per-pupil facilities aid program shall be not

2 more than—

3 ‘‘(i) 90 percent of the cost, for the first

4 fiscal year for which the program receives

5 assistance under this subsection or its pred6 ecessor authority;

7 ‘‘(ii) 80 percent in the second such

8 year;

9 ‘‘(iii) 60 percent in the third such

10 year;

11 ‘‘(iv) 40 percent in the fourth such

12 year; and

13 ‘‘(v) 20 percent in the fifth such year.

14 ‘‘(2) USE OF FUNDS.—

15 ‘‘(A) IN GENERAL.—A State that receives a

16 grant under this subsection shall use the funds

17 made available through the grant to establish or

18 enhance, and administer, a per-pupil facilities

19 aid program for charter schools in the State.

20 ‘‘(B) EVALUATIONS; TECHNICAL ASSIST21 ANCE; DISSEMINATION.—From the amount made

22 available to a State through a grant under this

23 subsection for a fiscal year, the State may re24 serve not more than 5 percent of the amount to
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1 carry out evaluations, to provide technical assist2 ance, and to disseminate information.

3 ‘‘(C) SUPPLEMENT, NOT SUPPLANT.—Funds

4 made available under this subsection shall sup5 plement, and not supplant, State and local pub6 lic funds expended to provide per-pupil facilities

7 aid programs, operations financing programs, or

8 other programs, for charter schools.

9 ‘‘(3) REQUIREMENTS.—

10 ‘‘(A) VOLUNTARY PARTICIPATION.—No State

11 may be required to participate in a program

12 carried out under this subsection.

13 ‘‘(B) STATE LAW.—To be eligible to receive

14 a grant under this subsection, a State shall es15 tablish or enhance, and administer, a per-pupil

16 facilities aid program for charter schools in the

17 State, that—

18 ‘‘(i) is specified in State law;

19 ‘‘(ii) provides annual financing, on a

20 per-pupil basis, for charter school facilities;

21 and

22 ‘‘(iii) provides financing that is dedi23 cated solely for funding the facilities.

24 ‘‘(4) APPLICATIONS.—To be eligible to receive a

25 grant under this subsection, a State shall submit an
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1 application to the Secretary at such time, in such

2 manner, and containing such information as the Sec3 retary may require.

4 ‘‘(5) PRIORITIES.—In making grants under this

5 subsection, the Secretary shall give priority to States

6 that meet the criteria described in paragraph (2), and

7 subparagraphs (A), (B), and (C) of paragraph (3), of

8 section 5112(e).

9 ‘‘(6) EVALUATIONS, TECHNICAL ASSISTANCE,

10 AND DISSEMINATION.—

11 ‘‘(A) IN GENERAL.—From the amount made

12 available to carry out this subsection under sec13 tion 5121 for any fiscal year, the Secretary may

14 carry out evaluations, provide technical assist15 ance, and disseminate information.

16 ‘‘(B) EVALUATIONS.—In carrying out eval17 uations under subparagraph (A), the Secretary

18 may carry out 1 or more evaluations of State

19 programs assisted under this subsection, which

20 shall, at a minimum, address—

21 ‘‘(i) how, and the extent to which, the

22 programs promote educational equity and

23 excellence; and

24 ‘‘(ii) the extent to which charter schools

25 supported through the programs are—
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1 ‘‘(I) held accountable to the pub2 lic;

3 ‘‘(II) effective in improving public

4 education; and

5 ‘‘(III) open and accessible to all

6 students.’’.

7 (C) AUTHORIZATION OF APPROPRIA8 TIONS.—Section 5121, as amended in section

9 501, is further amended to read as follows:

10 ‘‘SEC. 5121. AUTHORIZATION OF APPROPRIATIONS.

11 ‘‘(a) IN GENERAL.—There are authorized to be appro12 priated to carry out this subpart $400,000,000 for fiscal

13 year 2002 and such sums as may be necessary for each of

14 the 4 succeeding fiscal years.

15 ‘‘(b) RESERVATION.—For fiscal year 2002, the Sec16 retary shall reserve, from the amount appropriated under

17 subsection (a)—

18 ‘‘(1) $200,000,000 to carry out this subpart,

19 other than section 5115(b); and

20 ‘‘(2) the remainder to carry out section

21 5115(b).’’.

22 (4) CREDIT ENHANCEMENT INITIATIVES.—Sub23 part 1 of part A of title V, as amended in section 501,

24 is further amended—
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1 (A) by inserting after the subpart heading

2 the following:

3 ‘‘CHAPTER I—CHARTER SCHOOL PROGRAMS’’;

4 (B) by striking ‘‘this subpart’’ each place it

5 appears and inserting ‘‘this chapter’’; and

6 (C) by adding at the end the following:

7 ‘‘CHAPTER II—CREDIT ENHANCEMENT INITIA8 TIVES TO PROMOTE CHARTER SCHOOL FA9 CILITY ACQUISITION, CONSTRUCTION, AND

10 RENOVATION

11 ‘‘SEC. 5126. PURPOSE.

12 ‘‘The purpose of this chapter is to provide grants to

13 eligible entities to permit the entities to establish or improve

14 innovative credit enhancement initiatives that assist char15 ter schools to address the cost of acquiring, constructing,

16 and renovating facilities.

17 ‘‘SEC. 5126A. GRANTS TO ELIGIBLE ENTITIES.

18 ‘‘(a) GRANTS FOR INITIATIVES.—

19 ‘‘(1) IN GENERAL.—The Secretary shall use 100

20 percent of the amount available to carry out this

21 chapter to eligible entities having applications ap22 proved under this chapter to carry out innovative ini23 tiatives for assisting charter schools to address the

24 cost of acquiring, constructing, and renovating facili-
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1 ties by enhancing the availability of loans or bond fi2 nancing.

3 ‘‘(2) NUMBER OF GRANTS.—The Secretary shall

4 award not fewer than 3 of the grants.

5 ‘‘(b) GRANTEE SELECTION.—

6 ‘‘(1) DETERMINATION.—The Secretary shall

7 evaluate each application submitted, and shall deter8 mine which applications are of sufficient quality to

9 merit approval and which are not.

10 ‘‘(2) MINIMUM GRANTS.—The Secretary shall

11 award at least—

12 ‘‘(A) 1 grant to an eligible entity described

13 in section 5126I(2)(A);

14 ‘‘(B) 1 grant to an eligible entity described

15 in section 5126I(2)(B); and

16 ‘‘(C) 1 grant to an eligible entity described

17 in section 5126I(2)(C),

18 if applications are submitted that permit the Sec19 retary to award the grants without approving an ap20 plication that is not of sufficient quality to merit ap21 proval.

22 ‘‘(c) GRANT CHARACTERISTICS.—Grants under this

23 chapter shall be in sufficient amounts, and for initiatives

24 of sufficient scope and quality, so as to effectively enhance
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1 credit for the financing of charter school acquisition, con2 struction, or renovation.

3 ‘‘(d) SPECIAL RULE.—In the event the Secretary deter4 mines that the funds available to carry out this chapter are

5 insufficient to permit the Secretary to award not fewer than

6 3 grants in accordance with subsections (a) through (c)—

7 ‘‘(1) subsections (a)(2) and (b)(2) shall not

8 apply; and

9 ‘‘(2) the Secretary may determine the appro10 priate number of grants to be awarded in accordance

11 with subsections (a)(1), (b)(1), and (c).

12 ‘‘SEC. 5126B. APPLICATIONS.

13 ‘‘(a) IN GENERAL.—To receive a grant under this

14 chapter, an eligible entity shall submit to the Secretary an

15 application in such form as the Secretary may reasonably

16 require.

17 ‘‘(b) CONTENTS.—An application submitted under

18 subsection (a) shall contain—

19 ‘‘(1) a statement identifying the activities pro20 posed to be undertaken with funds received under this

21 chapter, including how the applicant will determine

22 which charter schools will receive assistance, and how

23 much and what types of assistance the charter schools

24 will receive;
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1 ‘‘(2) a description of the involvement of charter

2 schools in the application’s development and the de3 sign of the proposed activities;

4 ‘‘(3) a description of the applicant’s expertise in

5 capital market financing;

6 ‘‘(4) a description of how the proposed activities

7 will—

8 ‘‘(A) leverage private sector financing cap9 ital, to obtain the maximum amount of private

10 sector financing capital, relative to the amount

11 of government funding used, to assist charter

12 schools; and

13 ‘‘(B) otherwise enhance credit available to

14 charter schools;

15 ‘‘(5) a description of how the applicant possesses

16 sufficient expertise in education to evaluate the likeli17 hood of success of a charter school program for which

18 facilities financing is sought;

19 ‘‘(6) in the case of an application submitted by

20 a State governmental entity, a description of the ac21 tions that the entity has taken, or will take, to ensure

22 that charter schools within the State receive the fund23 ing the schools need to have adequate facilities; and

24 ‘‘(7) such other information as the Secretary

25 may reasonably require.
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1 ‘‘SEC. 5126C. CHARTER SCHOOL OBJECTIVES.

2 ‘‘An eligible entity receiving a grant under this chap3 ter shall use the funds received through the grant, and de4 posited in the reserve account established under section

5 5126D(a), to assist 1 or more charter schools to access pri6 vate sector capital to accomplish 1 or more of the following

7 objectives:

8 ‘‘(1) The acquisition (by purchase, lease, dona9 tion, or otherwise) of an interest (including an inter10 est held by a third party for the benefit of a charter

11 school) in improved or unimproved real property that

12 is necessary to commence or continue the operation of

13 a charter school.

14 ‘‘(2) The construction of new facilities, or the

15 renovation, repair, or alteration of existing facilities,

16 necessary to commence or continue the operation of a

17 charter school.

18 ‘‘(3) The payment of start-up costs, including the

19 costs of training teachers and purchasing materials

20 and equipment, including instructional materials and

21 computers, for a charter school.

22 ‘‘SEC. 5126D. RESERVE ACCOUNT.

23 ‘‘(a) IN GENERAL.—For the purpose of assisting char24 ter schools to accomplish the objectives described in section

25 5126C, an eligible entity receiving a grant under this chap26 ter shall deposit the funds received through the grant (other
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1 than funds used for administrative costs in accordance with

2 section 5126E) in a reserve account established and main3 tained by the entity for that purpose. The entity shall make

4 the deposit in accordance with State and local law and may

5 make the deposit directly or indirectly, and alone or in col6 laboration with others.

7 ‘‘(b) USE OF FUNDS.—Amounts deposited in such ac8 count shall be used by the entity for 1 or more of the fol9 lowing purposes:

10 ‘‘(1) Guaranteeing, insuring, and reinsuring

11 bonds, notes, evidences of debt, loans, and interests

12 therein, the proceeds of which are used for an objective

13 described in section 5126C.

14 ‘‘(2) Guaranteeing and insuring leases of per15 sonal and real property for such an objective.

16 ‘‘(3) Facilitating financing for such an objective

17 by identifying potential lending sources, encouraging

18 private lending, and carrying out other similar ac19 tivities that directly promote lending to, or for the

20 benefit of, charter schools.

21 ‘‘(4) Facilitating the issuance of bonds by char22 ter schools, or by other public entities for the benefit

23 of charter schools, for such an objective, by providing

24 technical, administrative, and other appropriate as25 sistance (including the recruitment of bond counsel,
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1 underwriters, and potential investors and the consoli2 dation of multiple charter school projects within a

3 single bond issue).

4 ‘‘(c) INVESTMENT.—Funds received under this chapter

5 and deposited in the reserve account shall be invested in

6 obligations issued or guaranteed by the United States or

7 a State, or in other similarly low-risk securities.

8 ‘‘(d) REINVESTMENT OF EARNINGS.—Any earnings on

9 funds received under this chapter shall be deposited in the

10 reserve account established under subsection (a) and used

11 in accordance with subsection (b).

12 ‘‘SEC. 5126E. LIMITATION ON ADMINISTRATIVE COSTS.

13 ‘‘An eligible entity that receives a grant under this

14 chapter may use not more than 0.25 percent of the funds

15 received through the grant for the administrative costs of

16 carrying out the entity’s responsibilities under this chapter.

17 ‘‘SEC. 5126F. AUDITS AND REPORTS.

18 ‘‘(a) FINANCIAL RECORD MAINTENANCE AND AUDIT.—

19 The financial records of each eligible entity receiving a

20 grant under this chapter shall be maintained in accordance

21 with generally accepted accounting principles and shall be

22 subject to an annual audit by an independent public ac23 countant.

24 ‘‘(b) REPORTS.—
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1 ‘‘(1) GRANTEE ANNUAL REPORTS.—Each eligible

2 entity receiving a grant under this chapter annually

3 shall submit to the Secretary a report of the entity’s

4 operations and activities under this chapter.

5 ‘‘(2) CONTENTS.—Each such annual report shall

6 include—

7 ‘‘(A) a copy of the most recent financial

8 statements, and any accompanying opinion on

9 such statements, prepared by the independent

10 public accountant auditing the financial records

11 of the eligible entity;

12 ‘‘(B) a copy of any report made on an

13 audit of the financial records of the eligible enti14 ty that was conducted under subsection (a) dur15 ing the reporting period;

16 ‘‘(C) an evaluation by the eligible entity of

17 the effectiveness of the entity’s use of the Federal

18 funds provided under this chapter in leveraging

19 private funds;

20 ‘‘(D) a listing and description of the charter

21 schools served by the entity with such Federal

22 funds during the reporting period;

23 ‘‘(E) a description of the activities carried

24 out by the eligible entity to assist charter schools
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1 in meeting the objectives set forth in section

2 5126C; and

3 ‘‘(F) a description of the characteristics of

4 lenders and other financial institutions partici5 pating in the activities undertaken by the eligi6 ble entity under this chapter during the report7 ing period.

8 ‘‘(3) SECRETARIAL REPORT.—The Secretary

9 shall review the reports submitted under paragraph

10 (1) and shall provide a comprehensive annual report

11 to Congress on the activities conducted under this

12 chapter.

13 ‘‘SEC. 5126G. NO FULL FAITH AND CREDIT FOR GRANTEE

14 OBLIGATIONS.

15 ‘‘No financial obligation of an eligible entity entered

16 into pursuant to this chapter (such as an obligation under

17 a guarantee, bond, note, evidence of debt, or loan) shall be

18 an obligation of, or guaranteed in any respect by, the

19 United States. The full faith and credit of the United States

20 is not pledged to the payment of funds that may be required

21 to be paid under any obligation made by an eligible entity

22 pursuant to any provision of this chapter.

23 ‘‘SEC. 5126H. RECOVERY OF FUNDS.

24 ‘‘(a) IN GENERAL.—The Secretary, in accordance with

25 chapter 37 of title 31, United States Code, shall collect—
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1 ‘‘(1) all of the funds in a reserve account estab2 lished by an eligible entity under section 5126D(a) if

3 the Secretary determines, not earlier than 2 years

4 after the date on which the entity first received funds

5 under this chapter, that the entity has failed to make

6 substantial progress in carrying out the purposes de7 scribed in section 5126D(b); or

8 ‘‘(2) all or a portion of the funds in a reserve ac9 count established by an eligible entity under section

10 5126D(a) if the Secretary determines that the eligible

11 entity has permanently ceased to use all or a portion

12 of the funds in such account to accomplish any pur13 pose described in section 5126D(b).

14 ‘‘(b) EXERCISE OF AUTHORITY.—The Secretary shall

15 not exercise the authority provided in subsection (a) to col16 lect from any eligible entity any funds that are being prop17 erly used to achieve 1 or more of the purposes described

18 in section 5126D(b).

19 ‘‘(c) PROCEDURES.—The provisions of sections 451,

20 452, and 458 of the General Education Provisions Act (20

21 U.S.C. 1234 et seq.) shall apply to the recovery of funds

22 under subsection (a).

23 ‘‘(d) CONSTRUCTION.—This section shall not be con24 strued to impair or affect the authority of the Secretary
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1 to recover funds under part D of the General Education

2 Provisions Act (20 U.S.C. 1234 et seq.).

3 ‘‘SEC. 5126I. DEFINITIONS.

4 ‘‘In this chapter:

5 ‘‘(1) CHARTER SCHOOL.—The term ‘charter

6 school’ has the meaning given such term in section

7 5120.

8 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible enti9 ty’ means—

10 ‘‘(A) a public entity, such as a State or

11 local governmental entity;

12 ‘‘(B) a private nonprofit entity; or

13 ‘‘(C) a consortium of entities described in

14 subparagraphs (A) and (B).

15 ‘‘SEC. 5126J. AUTHORIZATION OF APPROPRIATIONS.

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

17 this chapter $200,000,000 for fiscal year 2002 and each sub18 sequent fiscal year.’’.

19 TITLE VI—PARENTAL INVOLVE20 MENT AND ACCOUNTABILITY

21 SEC. 601. PARENTAL INVOLVEMENT AND ACCOUNTABILITY.

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

23 as follows:
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1 ‘‘TITLE VI—PARENTAL INVOLVE2 MENT AND ACCOUNTABILITY

3 ‘‘PART A—PARENTAL ASSISTANCE

4 ‘‘SEC. 6101. PARENTAL INFORMATION AND RESOURCE CEN5 TERS.

6 ‘‘(a) PURPOSE.—The purpose of this part is—

7 ‘‘(1) to provide leadership, technical assistance,

8 and financial support to nonprofit organizations (in9 cluding statewide nonprofit organizations) and local

10 educational agencies to help the organizations and

11 agencies implement successful and effective parental

12 involvement policies, programs, and activities that

13 lead to improvements in student performance;

14 ‘‘(2) to strengthen partnerships among parents

15 (including parents of children from birth through age

16 5), teachers, principals, administrators, and other

17 school personnel in meeting the educational needs of

18 children;

19 ‘‘(3) to develop and strengthen the relationship

20 between parents and the school;

21 ‘‘(4) to further the developmental progress pri22 marily of children assisted under this part;

23 ‘‘(5) to coordinate activities funded under this

24 part with parental involvement initiatives funded
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1 under section 1118 and other provisions of this Act;

2 and

3 ‘‘(6) to provide a comprehensive approach to im4 proving student learning through coordination and

5 integration of Federal, State, and local services and

6 programs.

7 ‘‘(b) GRANTS AUTHORIZED.—

8 ‘‘(1) IN GENERAL.—The Secretary is authorized

9 to award grants in each fiscal year to nonprofit orga10 nizations (including statewide nonprofit organiza11 tions), and nonprofit organizations in consortia with

12 local educational agencies, to establish school-linked

13 or school-based parental information and resource

14 centers that provide comprehensive training, informa15 tion, and support to—

16 ‘‘(A) parents of children enrolled in elemen17 tary schools and secondary schools;

18 ‘‘(B) individuals who work with the parents

19 described in subparagraph (A);

20 ‘‘(C) State educational agencies, local edu21 cational agencies, schools, organizations that

22 support family-school partnerships (such as par23 ent-teacher associations and Parents as Teachers

24 organizations), and other organizations that
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1 carry out parent education and family involve2 ment programs; and

3 ‘‘(D) parents of children from birth through

4 age 5.

5 ‘‘(2) AWARD RULE.—In awarding grants under

6 this part, the Secretary shall ensure that such grants

7 are distributed in all geographic regions of the United

8 States.

9 ‘‘(c) CONSTRUCTION.—Nothing in this section shall be

10 construed to prohibit a parental information and resource

11 center from—

12 ‘‘(1) having its employees or agents meet with a

13 parent at a site that is not on school grounds; or

14 ‘‘(2) working with another agency that serves

15 children.

16 ‘‘SEC. 6102. APPLICATIONS.

17 ‘‘(a) GRANTS APPLICATIONS.—

18 ‘‘(1) IN GENERAL.—Each nonprofit organization

19 (including a statewide nonprofit organization) or

20 nonprofit organization in consortium with a local

21 educational agency that desires a grant under this

22 part shall submit an application to the Secretary at

23 such time and in such manner as the Secretary shall

24 require.
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1 ‘‘(2) CONTENTS.—Each application submitted

2 under paragraph (1), at a minimum, shall include

3 assurances that the organization or consortium will—

4 ‘‘(A)(i) be governed by a board of directors

5 the membership of which includes parents; or

6 ‘‘(ii) be an organization or consortium that

7 represents the interests of parents;

8 ‘‘(B) establish a special advisory committee

9 the membership of which includes—

10 ‘‘(i) parents described in section

11 6101(b)(1)(A), who shall constitute a major12 ity of the members of the special advisory

13 committee;

14 ‘‘(ii) representatives of education pro15 fessionals with expertise in improving serv16 ices for disadvantaged children; and

17 ‘‘(iii) representatives of local elemen18 tary schools and secondary schools who may

19 include students and representatives from

20 local youth organizations;

‘‘(C) use at least 1 21 ⁄2 of the funds provided

22 under this part in each fiscal year to serve areas

23 with high concentrations of low-income families

24 in order to serve parents who are severely educa25 tionally or economically disadvantaged;
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1 ‘‘(D) operate a center of sufficient size,

2 scope, and quality to ensure that the center is

3 adequate to serve the parents in the area;

4 ‘‘(E) serve both urban and rural areas;

5 ‘‘(F) design a center that meets the unique

6 training, information, and support needs of par7 ents described in section 6101(b)(1)(A), particu8 larly such parents who are educationally or eco9 nomically disadvantaged;

10 ‘‘(G) demonstrate the capacity and expertise

11 to conduct the effective training, information

12 and support activities for which assistance is

13 sought;

14 ‘‘(H) network with—

15 ‘‘(i) local educational agencies and

16 schools;

17 ‘‘(ii) parents of children enrolled in el18 ementary schools and secondary schools;

19 ‘‘(iii) parent training and information

20 centers assisted under section 682 of the In21 dividuals with Disabilities Education Act;

22 ‘‘(iv) clearinghouses; and

23 ‘‘(v) other organizations and agencies;

24 ‘‘(I) focus on serving parents described in

25 section 6101(b)(1)(A) who are parents of low-in-
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1 come, minority, and limited English proficient,

2 children;

‘‘(J) use at least 1 3 ⁄2 of the funds received

4 under this part to establish, expand, or operate

5 Parents as Teachers programs or Home Instruc6 tion for Preschool Youngsters programs or other

7 early childhood parent education programs;

8 ‘‘(K) provide assistance to parents in such

9 areas as understanding State and local stand10 ards and measures of student and school per11 formance;

12 ‘‘(L) work with State and local educational

13 agencies to determine parental needs and deliv14 ery of services;

15 ‘‘(M) identify and coordinate Federal,

16 State, and local services and programs that sup17 port improved student learning, including pro18 grams supported under this Act, violence preven19 tion programs, nutrition programs, housing pro20 grams, Head Start, adult education, and job

21 training; and

22 ‘‘(N) work with and foster partnerships

23 with other agencies that provide programs and

24 deliver services described in subparagraph (M) to
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1 make such programs and services more accessible

2 to children and families.

3 ‘‘(b) GRANT RENEWAL.—For each fiscal year after the

4 first fiscal year an organization or consortium receives as5 sistance under this part, the organization or consortium

6 shall demonstrate in the application submitted for such fis7 cal year after the first fiscal year that a portion of the serv8 ices provided by the organization or consortium is sup9 ported through non-Federal contributions, which contribu10 tions may be in cash or in kind.

11 ‘‘SEC. 6103. USES OF FUNDS.

12 ‘‘(a) IN GENERAL.—Grant funds received under this

13 part shall be used—

14 ‘‘(1) to assist parents in participating effectively

15 in their children’s education and to help their chil16 dren meet State and local standards, such as assisting

17 parents—

18 ‘‘(A) to engage in activities that will im19 prove student performance, including under20 standing the accountability systems in place

21 within their State educational agency and local

22 educational agency and understanding their

23 children’s educational performance in compari24 son to State and local standards;
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1 ‘‘(B) to provide followup support for their

2 children’s educational achievement;

3 ‘‘(C) to communicate effectively with teach4 ers, principals, counselors, administrators, and

5 other school personnel;

6 ‘‘(D) to become active participants in the

7 development, implementation, and review of

8 school-parent compacts, parent involvement poli9 cies, and school planning and improvement;

10 ‘‘(E) to participate in the design and provi11 sion of assistance to students who are not mak12 ing adequate educational progress;

13 ‘‘(F) to participate in State and local deci14 sionmaking; and

15 ‘‘(G) to train other parents (such as train16 ing related to Parents as Teachers activities);

17 ‘‘(2) to obtain information about the range of op18 tions, programs, services, and resources available at

19 the national, State, and local levels to assist parents

20 and school personnel who work with parents;

21 ‘‘(3) to help the parents learn and use the tech22 nology applied in their children’s education;

23 ‘‘(4) to plan, implement, and fund activities for

24 parents that coordinate the education of their children
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1 with other Federal, State, and local services and pro2 grams that serve their children or their families;

3 ‘‘(5) to provide support for State or local edu4 cational personnel if the participation of such per5 sonnel will further the activities assisted under the

6 grant; and

7 ‘‘(6) to coordinate and integrate early childhood

8 programs with school age programs.

9 ‘‘(b) PERMISSIVE ACTIVITIES.—Grant funds received

10 under this part may be used to assist schools with activities

11 such as—

12 ‘‘(1) developing and implementing their plans or

13 activities under sections 1118 and 1119; and

14 ‘‘(2) developing and implementing school im15 provement plans, including addressing problems that

16 develop in the implementation of sections 1118 and

17 1119.

18 ‘‘(3) providing information about assessment

19 and individual results to parents in a manner and

20 a language the family can understand;

21 ‘‘(4) coordinating the efforts of Federal, State,

22 and local parent education and family involvement

23 initiatives; and

24 ‘‘(5) providing training, information, and sup25 port to—
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1 ‘‘(A) State educational agencies;

2 ‘‘(B) local educational agencies and schools,

3 especially those local educational agencies and

4 schools that are low performing; and

5 ‘‘(C) organizations that support family6 school partnerships.

7 ‘‘(c) GRANDFATHER CLAUSE.—The Secretary shall use

8 funds made available under this part to continue to make

9 grant or contract payments to each entity that was awarded

10 a multiyear grant or contract under title IV of the Goals

11 2000: Educate America Act (as such title was in effect on

12 the day before the date of enactment of the Better Education

13 for Students and Teachers Act) for the duration of the grant

14 or contract award.

15 ‘‘SEC. 6104. TECHNICAL ASSISTANCE.

16 ‘‘The Secretary shall provide technical assistance, by

17 grant or contract, for the establishment, development, and

18 coordination of parent training, information, and support

19 programs and parental information and resource centers.

20 ‘‘SEC. 6105. REPORTS.

21 ‘‘(a) INFORMATION.—Each organization or consortium

22 receiving assistance under this part shall submit to the Sec23 retary, on an annual basis, information concerning the pa24 rental information and resource centers assisted under this

25 part, including—
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1 ‘‘(1) the number of parents (including the num2 ber of minority and limited English proficient par3 ents) who receive information and training;

4 ‘‘(2) the types and modes of training, informa5 tion, and support provided under this part;

6 ‘‘(3) the strategies used to reach and serve par7 ents of minority and limited English proficient chil8 dren, parents with limited literacy skills, and other

9 parents in need of the services provided under this

10 part;

11 ‘‘(4) the parental involvement policies and prac12 tices used by the center and an evaluation of whether

13 such policies and practices are effective in improving

14 home-school communication, student achievement, stu15 dent and school performance, and parental involve16 ment in school planning, review, and improvement;

17 and

18 ‘‘(5) the effectiveness of the activities that local

19 educational agencies and schools are carrying out

20 with regard to parental involvement and other activi21 ties assisted under this Act that lead to improved stu22 dent achievement and improved student and school

23 performance.

24 ‘‘(b) DISSEMINATION.—The Secretary annually shall

25 disseminate, widely to the public and to Congress, the infor-
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1 mation that each organization or consortium submits under

2 subsection (a) to the Secretary.

3 ‘‘SEC. 6106. GENERAL PROVISIONS.

4 ‘‘Notwithstanding any other provision of this part—

5 ‘‘(1) no person, including a parent who educates

6 a child at home, a public school parent, or a private

7 school parent, shall be required to participate in any

8 program of parent education or developmental screen9 ing pursuant to the provisions of this part; and

10 ‘‘(2) no program or center assisted under this

11 part shall take any action that infringes in any man12 ner on the right of a parent to direct the education

13 of their children.

14 ‘‘SEC. 6106A. LOCAL FAMILY INFORMATION CENTERS.

15 ‘‘(a) CENTERS AUTHORIZED.—The Secretary shall

16 award grants to, and enter into contracts and cooperative

17 agreements with, local nonprofit parent organizations to

18 enable the organizations to support local family informa19 tion centers that help ensure that parents of students in

20 schools assisted under this part have the training, informa21 tion, and support the parents need to enable the parents

22 to participate effectively in their children’s early childhood

23 education, in their children’s elementary and secondary

24 education and in helping their children to meet challenging

25 State standards.
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1 ‘‘(b) DEFINITION OF LOCAL NONPROFIT PARENT OR2 GANIZATION.—In this section, the term ‘local nonprofit par3 ent organization’ means a private nonprofit organization

4 (other than an institution of higher education) that—

5 ‘‘(1) has a demonstrated record of working with

6 low-income individuals and parents;

7 ‘‘(2)(A) has a board of directors the majority of

8 whom are parents of students in schools that are as9 sisted under this part and located in the geographic

10 area to be served by the center; or

11 ‘‘(B) has a special governing committee to direct

12 and implement the center, a majority of the members

13 of whom are parents of students in schools assisted

14 under this part; and

15 ‘‘(3) is located in a community with schools that

16 receive funds under this part, and is accessible to the

17 families of students in those schools.

18 ‘‘SEC. 6107. PARENTAL ASSISTANCE AND LOCAL FAMILY IN19 FORMATION CENTERS.

20 ‘‘(a) IN GENERAL.—For the purpose of carrying out

21 this part, there are authorized to be appropriated

22 $80,000,000 for fiscal year 2002 and such sums as may be

23 necessary for each of the 6 succeeding fiscal years.

24 ‘‘(b) RESERVATION.—Of the amount appropriated

25 under subsection (a) for a fiscal year—
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1 ‘‘(1) the Secretary shall reserve $50,000,000 to

2 carry out this part, other than section 6106A; and

3 ‘‘(2) in the case of any amounts appropriated in

4 excess of $50,000,000 for such fiscal year, the Sec5 retary shall allocate an amount equal to—

6 ‘‘(A) 50 percent of such excess to carry out

7 section 6106A; and

8 ‘‘(B) 50 percent of such excess to carry out

9 parent information and resource centers under

10 this part.

11 ‘‘PART B—IMPROVING ACADEMIC ACHIEVEMENT

12 ‘‘SEC. 6201. EDUCATION AWARDS.

13 ‘‘(a) ACHIEVEMENT IN EDUCATION AWARDS.—

14 ‘‘(1) IN GENERAL.—The Secretary may make

15 awards, to be known as ‘Achievement in Education

16 Awards’, using a peer review process, to the States

17 that, beginning with the 2002–2003 school year, make

18 the most progress in improving educational achieve19 ment.

20 ‘‘(2) CRITERIA.—

21 ‘‘(A) IN GENERAL.—The Secretary shall

22 make the awards on the basis of criteria con23 sisting of—
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1 ‘‘(i) the progress of each of the cat2 egories of students described in section

3 1111(b)(2)(B)(v)(II)—

4 ‘‘(I) towards the goal of all such

5 students reaching the proficient level of

6 performance; and

7 ‘‘(II) beginning with the 2nd year

8 for which data are available for all

9 States, on State assessments under the

10 National Assessment of Educational

11 Progress of 4th and 8th grade reading

12 and mathematics skills;

13 ‘‘(ii) the progress of all students in the

14 State towards the goal of all students reach15 ing the proficient level of performance, and

16 (beginning with the 2nd year for which

17 data are available for all States) the

18 progress of all students on the assessments

19 described in clause (i)(II);

20 ‘‘(iii) the progress of the State in im21 proving the English proficiency of students

22 who enter school with limited English pro23 ficiency;
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1 ‘‘(iv) the progress of the State in in2 creasing the percentage of students who

3 graduate from secondary school; and

4 ‘‘(v) the progress of the State in in5 creasing the percentage of students who take

6 advanced coursework, such as advanced

7 placement and international baccalaureate

8 courses, and who pass advanced placement

9 and international baccalaureate tests.

10 ‘‘(B) WEIGHT.—In applying the criteria de11 scribed in subparagraph (A), the Secretary shall give

12 the greatest weight to the criterion described in sub13 paragraph (A)(i).

14 ‘‘(b) ASSESSMENT COMPLETION BONUSES.—

15 ‘‘(1) IN GENERAL.—At the end of school year

16 2006–2007, the Secretary shall make 1-time bonus

17 payments to States that develop State assessments by

18 the deadline established under section 1111(b)(3)(F)

19 and as required under section 1111(b)(3)(F) that are

20 of particularly high quality in terms of assessing the

21 performance of students in grades 3 through 8. The

22 Secretary shall make the awards to States that de23 velop assessments that most successfully assess the

24 range and depth of student knowledge and proficiency

25 in meeting State performance standards, in each aca-
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1 demic subject in which the State is required to con2 duct the assessments.

3 ‘‘(2) PEER REVIEW.—In making awards under

4 paragraph (1), the Secretary shall use a peer review

5 process.

6 ‘‘(c) NO CHILD LEFT BEHIND AWARDS.—The Sec7 retary may make awards, to be known as ‘No Child Left

8 Behind Awards’ to the schools that—

9 ‘‘(1) are nominated by the States in which the

10 schools are located or, in the case of a Bureau of In11 dian Affairs funded school, by the Secretary of the In12 terior; and

13 ‘‘(2) have made the greatest progress in improv14 ing the educational achievement of economically dis15 advantaged students.

16 ‘‘(d) FUND TO IMPROVE EDUCATION ACHIEVEMENT.—

17 The Secretary may make awards for activities other than

18 the activities described in subsections (a) through (c), such

19 as character education and the identification and recogni20 tion of exemplary schools and programs such as Blue Rib21 bon Schools, that are designed to promote the improvement

22 of elementary and secondary education nationally.

23 ‘‘(e) BLUE RIBBON SCHOOLS DISSEMINATION DEM24 ONSTRATION.—
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1 ‘‘(1) IN GENERAL.—The Secretary shall conduct

2 demonstration projects to evaluate the effectiveness of

3 using the best practices of Blue Ribbon Schools to im4 prove the educational outcomes of elementary and sec5 ondary schools that fail to make adequate yearly

6 progress, as defined in the plan of the State under

7 section 1111(b)(2)(B).

8 ‘‘(2) REPORT TO CONGRESS.—Not later than 3

9 years after the date on which the Secretary imple10 ments the initial demonstration projects under sub11 section (a), the Secretary shall submit to Congress a

12 report regarding the effectiveness of the demonstration

13 projects.

14 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—

15 There is authorized to be appropriated to carry out

16 this subsection $7,500,000 for fiscal year 2002, and

17 such sums as may be necessary in each of the 7 fiscal

18 years thereafter.

19 ‘‘SEC. 6202. LOSS OF ADMINISTRATIVE FUNDS.

20 ‘‘(a) 2 YEARS OF INSUFFICIENT PROGRESS.—

21 ‘‘(1) REDUCTION.—If the Secretary makes the

22 determinations described in paragraph (2) for 2 con23 secutive years, the Secretary shall reduce, by not more

24 than 30 percent, the amount of funds that the State

25 may reserve for the subsequent fiscal year for State
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1 administration under the programs authorized by this

2 Act that the Secretary determines are formula grant

3 programs.

4 ‘‘(2) DETERMINATIONS.—The determinations re5 ferred to in paragraph (1) are determinations, made

6 primarily on the basis of data from the State assess7 ment system described in section 1111 and data from

8 State assessments under the National Assessment of

9 Educational Progress of 4th and 8th grade reading

10 and mathematics skills, that—

11 ‘‘(A) the State has failed to make adequate

12 yearly progress as defined under section

13 1111(b)(2) (B) and (D) for all students and for

14 each of the categories of students described in sec15 tion 1111(b)(2)(B)(v)(II);

16 ‘‘(B) beginning with the 2nd year for which

17 data are available on State assessments under

18 the National Assessment of Educational Progress

19 of 4th and 8th grade reading and mathematics,

20 the State has failed to demonstrate an increase

21 in the achievement of each of the categories of

22 students described in section

23 1111(b)(2)(B)(v)(II); and

24 ‘‘(C) the State has failed to meet its annual

25 measurable performance objectives, for helping
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1 limited English proficient students develop pro2 ficiency in English, that are required to be devel3 oped under section 3329.

4 ‘‘(b) THREE OR MORE YEARS OF INSUFFICIENT

5 PROGRESS.—If the Secretary makes the determinations de6 scribed in subsection (a)(2) for a third or subsequent con7 secutive year, the Secretary shall reduce, by not more than

8 75 percent, the amount of funds that the State may reserve

9 for the subsequent fiscal year for State administration

10 under the programs authorized by this Act that the Sec11 retary determines are formula grant programs.

12 ‘‘(c) SMALL STATES.—For the purpose of carrying out

13 subsection (a)(2) and section 6201(a)(2)(A)(i)(II), with re14 spect to any year for which a small State described in sec15 tion 1111(c)(2) does not participate in the assessments de16 scribed in section 1111(c)(2), the Secretary shall use the

17 most recent data from those assessments for that State.

18 ‘‘SEC. 6203. STUDY OF ASSESSMENT COSTS.

19 ‘‘(a) STUDY.—

20 ‘‘(1) IN GENERAL.—The Comptroller General of

21 the United States shall conduct a study of the costs

22 of conducting student assessments under section 1111.

23 ‘‘(2) CONTENTS.—In conducting the study, the

24 Comptroller General of the United States shall—
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1 ‘‘(A) draw on and use the best available data,

2 including cost data from each State that has devel3 oped or administered statewide student assessments

4 under section 1111 and cost or pricing data from

5 companies that develop student assessments described

6 in such section;

7 ‘‘(B) determine the aggregate cost for all States

8 to develop the student assessments required under sec9 tion 1111, and the portion of that cost that is ex10 pected to be incurred in each of fiscal years 2002

11 through 2008;

12 ‘‘(C) determine the aggregate cost for all States

13 to administer the student assessments required under

14 section 1111 and the portion of that cost that is ex15 pected to be incurred in each of fiscal years 2002

16 through 2008; and

17 ‘‘(D) determine the costs and portions described

18 in subparagraphs (B) and (C) for each State, and the

19 factors that may explain variations in the costs and

20 portions among States.

21 ‘‘(b) REPORT.—

22 ‘‘(1) IN GENERAL.—The Comptroller General of

23 the United States shall, not later than May 31, 2002,

24 submit a report containing the results of the study de25 scribed in subsection (a) to—
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1 ‘‘(A) the Committee on Appropriations of

2 the House of Representatives and the Sub3 committee on Labor, Health and Human Serv4 ices, and Education of that Committee;

5 ‘‘(B) the Committee on Appropriations of

6 the Senate and the Subcommittee on Labor,

7 Health and Human Services, and Education of

8 that Committee;

9 ‘‘(C) the Committee on Education and the

10 Workforce of the House of Representatives; and

11 ‘‘(D) the Committee on Health, Education,

12 Labor, and Pensions of the Senate.

13 ‘‘(2) CONTENTS.—The report shall include—

14 ‘‘(A) a thorough description of the method15 ology employed in conducting the study; and

16 ‘‘(B) the determinations of costs and por17 tions described in subparagraphs (B) through

18 (D) of subsection (a)(2).

19 ‘‘(c) DEFINITION.—In this section, the term ‘State’

20 means 1 of the several States of the United States.

21 ‘‘SEC. 6204. GRANTS FOR STATE ASSESSMENTS AND RE22 LATED ACTIVITIES.

23 ‘‘(a) STATE GRANTS AUTHORIZED.—From amounts

24 appropriated under subsection (c) the Secretary shall
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1 award grants to States to enable the States to pay the costs

2 of—

3 ‘‘(1) developing assessments and standards re4 quired by amendments made to this Act by the Better

5 Education for Students and Teachers Act;

6 ‘‘(2) working in voluntary partnerships with

7 other States to develop such assessments and stand8 ards; and

9 ‘‘(3) other activities described in this part or re10 lated to ensuring accountability for results in the

11 State’s public elementary schools or secondary schools,

12 and local educational agencies, such as—

13 ‘‘(A) developing content and performance

14 standards, and aligned assessments, in subjects

15 other than those assessments that were required

16 by amendments made to section 1111 by the Bet17 ter Education for Students and Teachers Act;

18 and

19 ‘‘(B) administering the assessments required

20 by amendments made to section 1111 by the Bet21 ter Education for Students and Teachers Act.

22 ‘‘(b) ALLOCATIONS TO STATES.—

23 ‘‘(1) IN GENERAL.—From the amount appro24 priated to carry out this section for any fiscal year,
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1 the Secretary first shall allocate $3,000,000 to each

2 State.

3 ‘‘(2) REMAINDER.—The Secretary shall allocate

4 any remaining funds among the States on the basis

5 of their respective numbers of children enrolled in

6 grades 3 through 8 in public elementary schools and

7 secondary schools.

8 ‘‘(3) DEFINITION OF STATE.—For the purpose of

9 this subsection, the term ‘State’ means each of the 50

10 States, the District of Columbia, and the Common11 wealth of Puerto Rico.

12 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—For the

13 purposes of carrying out this section, there are authorized

14 to be appropriated $400,000,000 for fiscal year 2002, and

15 such sums as may be necessary for each of the succeeding

16 6 fiscal years.

17 ‘‘SEC. 6205. AUTHORIZATION OF APPROPRIATIONS.

18 ‘‘(a) GRANTS FOR STATE ASSESSMENTS AND RELATED

19 ACTIVITIES.—

20 ‘‘(1) STATE GRANTS AUTHORIZED.—From

21 amounts appropriated under paragraph (3) the Sec22 retary shall award grants to States to enable the

23 States to pay the costs of—

24 ‘‘(A) developing assessments and standards

25 required by amendments made to this Act by the
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1 Better Education for Students and Teachers Act;

2 and

3 ‘‘(B) other activities described in this part

4 or related to ensuring accountability for results

5 in the State’s public elementary schools or sec6 ondary schools, and local educational agencies,

7 such as—

8 ‘‘(i) developing content and perform9 ance standards, and aligned assessments, in

10 subjects other than those assessments that

11 were required by amendments made to sec12 tion 1111 by the Better Education for Stu13 dents and Teachers Act; and

14 ‘‘(ii) administering the assessments re15 quired by amendments made to section 1111

16 by the Better Education for Students and

17 Teachers Act.

18 ‘‘(2) ALLOCATIONS TO STATES.—

19 ‘‘(A) IN GENERAL.—From the amount ap20 propriated to carry out this subsection for any

21 fiscal year, the Secretary shall first allocate

22 $3,000,000 to each State.

23 ‘‘(B) REMAINDER.—The Secretary shall al24 locate any remaining funds among the States on

25 the basis of their respective numbers of children
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1 enrolled in grades 3 through 8 in public elemen2 tary schools and secondary schools.

3 ‘‘(C) DEFINITION OF STATE.—For the pur4 pose of this subsection, the term ‘State’ means

5 each of the 50 States, the District of Columbia,

6 and the Commonwealth of Puerto Rico.

7 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—For

8 the purposes of carrying out paragraph (1), there are

9 authorized to be appropriated $400,000,000 for fiscal

10 year 2002, and such sums as may be necessary for

11 each of the succeeding 6 fiscal years.

12 ‘‘(b) NATIONAL ASSESSMENT OF EDUCATIONAL

13 PROGRESS.—For the purpose of administering the State as14 sessments under the National Assessment of Educational

15 Progress, there are authorized to be appropriated

16 $110,000,000 for fiscal year 2002, and such sums as may

17 be necessary for each of the 6 succeeding fiscal years.

18 ‘‘(c) EDUCATION AWARDS.—For the purpose of car19 rying out section 6201, there are authorized to be appro20 priated $50,000,000 for fiscal year 2002, and such sums

21 as may be necessary for each of the 6 succeeding fiscal years.

22 ‘‘PART C—STUDENT EDUCATION ENRICHMENT

23 ‘‘SEC. 6301. SHORT TITLE.

24 ‘‘This part may be cited as the ‘Student Education

25 Enrichment Demonstration Act’.
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1 ‘‘SEC. 6302. PURPOSE.

2 ‘‘The purpose of this part is to establish a demonstra3 tion program that provides Federal support to States and

4 local educational agencies to provide high quality summer

5 academic enrichment programs, for public school students

6 who are struggling academically, that are implemented as

7 part of statewide education accountability programs.

8 ‘‘SEC. 6303. DEFINITION.

9 ‘‘In this part, the term ‘student’ means an elementary

10 school or secondary school student.

11 ‘‘SEC. 6304. GRANTS TO STATES.

12 ‘‘(a) IN GENERAL.—The Secretary shall establish a

13 demonstration program through which the Secretary shall

14 make grants to State educational agencies, on a competitive

15 basis, to enable the agencies to assist local educational agen16 cies in carrying out high quality summer academic enrich17 ment programs as part of statewide education account18 ability programs.

19 ‘‘(b) ELIGIBILITY.—For a State educational agency to

20 be eligible to receive a grant under subsection (a), the State

21 served by the State educational agency shall—

22 ‘‘(1) have in effect all standards and assessments

23 required under section 1111; and

24 ‘‘(2) compile and annually distribute to parents

25 a public school report card that, at a minimum, in26 cludes information on student and school performance
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1 for each of the assessments required under section

2 1111.

3 ‘‘(c) APPLICATION.—

4 ‘‘(1) IN GENERAL.—To be eligible to receive a

5 grant under this section, a State educational agency

6 shall submit an application to the Secretary at such

7 time, in such manner, and containing such informa8 tion as the Secretary may require.

9 ‘‘(2) CONTENTS.—Such application shall

10 include—

11 ‘‘(A) information describing specific meas12 urable goals and objectives to be achieved in the

13 State through the summer academic enrichment

14 programs carried out under this part, which

15 may include specific measurable annual edu16 cational goals and objectives relating to—

17 ‘‘(i) increased student academic

18 achievement;

19 ‘‘(ii) decreased student dropout rates;

20 or

21 ‘‘(iii) such other factors as the State

22 educational agency may choose to measure;

23 and

24 ‘‘(B) information on criteria, established or

25 adopted by the State, that—
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1 ‘‘(i) the State will use to select local

2 educational agencies for participation in

3 the summer academic enrichment programs

4 carried out under this part; and

5 ‘‘(ii) at a minimum, will assure that

6 grants provided under this part are pro7 vided to—

8 ‘‘(I) the local educational agencies

9 in the State that—

10 ‘‘(aa) are serving more than

11 1 school identified for school im12 provement under section 1116(c);

13 and

14 ‘‘(bb) have the highest per15 centages of students not achieving

16 a proficient level of performance

17 on State assessments required

18 under section 1111;

19 ‘‘(II) local educational agencies

20 that submit grant applications under

21 section 6305 describing programs that

22 the State determines would be both

23 highly successful and replicable; and
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1 ‘‘(III) an assortment of local edu2 cational agencies serving urban, subur3 ban, and rural areas.

4 ‘‘SEC. 6305. GRANTS TO LOCAL EDUCATIONAL AGENCIES.

5 ‘‘(a) IN GENERAL.—

6 ‘‘(1) FIRST YEAR.—

7 ‘‘(A) IN GENERAL.—For the first year that

8 a State educational agency receives a grant

9 under this part, the State educational agency

10 shall use the funds made available through the

11 grant to make grants to eligible local educational

12 agencies in the State to pay for the Federal share

13 of the cost of carrying out the summer academic

14 enrichment programs, except as provided in sub15 paragraph (B).

16 ‘‘(B) TECHNICAL ASSISTANCE AND PLAN17 NING ASSISTANCE.—The State educational agen18 cy may use not more than 5 percent of the

19 funds—

20 ‘‘(i) to provide to the local educational

21 agencies technical assistance that is aligned

22 with the curriculum of the agencies for the

23 programs;

24 ‘‘(ii) to enable the agencies to obtain

25 such technical assistance from entities other
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1 than the State educational agency that have

2 demonstrated success in using the cur3 riculum; and

4 ‘‘(iii) to assist the agencies in plan5 ning activities to be carried out under this

6 part.

7 ‘‘(2) SUCCEEDING YEARS.—

8 ‘‘(A) IN GENERAL.—For the second and

9 third year that a State educational agency re10 ceives a grant under this part, the State edu11 cational agency shall use the funds made avail12 able through the grant to make grants to eligible

13 local educational agencies in the State to pay for

14 the Federal share of the cost of carrying out the

15 summer academic enrichment programs, except

16 as provided in subparagraph (B).

17 ‘‘(B) TECHNICAL ASSISTANCE AND PLAN18 NING ASSISTANCE.—The State educational agen19 cy may use not more than 5 percent of the

20 funds—

21 ‘‘(i) to provide to the local educational

22 agencies technical assistance that is aligned

23 with the curriculum of the agencies for the

24 programs;
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1 ‘‘(ii) to enable the agencies to obtain

2 such technical assistance from entities other

3 than the State educational agency that have

4 demonstrated success in using the cur5 riculum; and

6 ‘‘(iii) to assist the agencies in evalu7 ating activities carried out under this part.

8 ‘‘(b) APPLICATION.—

9 ‘‘(1) IN GENERAL.—To be eligible to receive a

10 grant under this section, a local educational agency

11 shall submit an application to the State educational

12 agency at such time, in such manner, and containing

13 by such information as the Secretary or the State

14 may require.

15 ‘‘(2) CONTENTS.—The State shall require that

16 such an application shall include, to the greatest ex17 tent practicable—

18 ‘‘(A) information that—

19 ‘‘(i) demonstrates that the local edu20 cational agency will carry out a summer

21 academic enrichment program funded under

22 this section—

23 ‘‘(I) that provides intensive high

24 quality programs that are aligned with

25 challenging State content and student
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1 performance standards and that are fo2 cused on reinforcing and boosting the

3 core academic skills and knowledge of

4 students who are struggling academi5 cally, as determined by the State;

6 ‘‘(II) that focuses on accelerated

7 learning so that students served

8 through the program will master the

9 high level skills and knowledge needed

10 to meet the highest State standards or

11 to perform at high levels on all State

12 assessments required under section

13 1111;

14 ‘‘(III) that is based on, and incor15 porates best practices developed from,

16 research-based enrichment methods and

17 practices;

18 ‘‘(IV) that has a proposed cur19 riculum that is directly aligned with

20 State content and student performance

21 standards;

22 ‘‘(V) for which only teachers who

23 are certified and licensed, and are oth24 erwise fully qualified teachers, provide
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1 academic instruction to students en2 rolled in the program;

3 ‘‘(VI) that offers to staff in the

4 program professional development and

5 technical assistance that are aligned

6 with the approved curriculum for the

7 program; and

8 ‘‘(VII) that incorporates a paren9 tal involvement component that seeks

10 to involve parents in the program’s

11 topics and students’ daily activities;

12 ‘‘(ii) may include—

13 ‘‘(I) the proposed curriculum for

14 the summer academic enrichment pro15 gram;

16 ‘‘(II) the local educational agen17 cy’s plan for recruiting highly quali18 fied and highly effective teachers to

19 participate in the program; and

20 ‘‘(III) a schedule for the program

21 that indicates that the program is of

22 sufficient duration and intensity to

23 achieve the State’s goals and objectives

24 described in section 6304(c)(2)(A); and
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1 ‘‘(iii) shall include an explanation of

2 how the local educational agency will de3 velop and utilize individualized learning

4 plans that outline the steps to be taken to

5 help each student successfully meet that

6 State’s academic standards upon completion

7 of the summer academic enrichment pro8 gram;

9 ‘‘(B) an outline indicating how the local

10 educational agency will utilize other applicable

11 Federal, State, local, or other funds, other than

12 funds made available through the grant, to sup13 port the program;

14 ‘‘(C) an explanation of how the local edu15 cational agency will ensure that only highly

16 qualified personnel who volunteer to work with

17 the type of student targeted for the program will

18 work with the program and that the instruction

19 provided through the program will be provided

20 by qualified teachers;

21 ‘‘(D) an explanation of the types of inten22 sive training or professional development,

23 aligned with the curriculum of the program, that

24 will be provided for staff of the program;
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1 ‘‘(E) an explanation of the facilities to be

2 used for the program;

3 ‘‘(F) an explanation regarding the duration

4 of the periods of time that students and teachers

5 in the program will have contact for instruc6 tional purposes (such as the hours per day and

7 days per week of that contact, and the total

8 length of the program);

9 ‘‘(G) an explanation of the proposed stu10 dent/teacher ratio for the program, analyzed by

11 grade level;

12 ‘‘(H) an explanation of the grade levels that

13 will be served by the program;

14 ‘‘(I) an explanation of the approximate cost

15 per student for the program;

16 ‘‘(J) an explanation of the salary costs for

17 teachers in the program;

18 ‘‘(K) a description of a method for evalu19 ating the effectiveness of the program at the local

20 level;

21 ‘‘(L) information describing specific meas22 urable goals and objectives, for each academic

23 subject in which the program will provide in24 struction, that are consistent with, or more rig25 orous than, the annual measurable objectives for
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1 adequate yearly progress established by the State

2 under section 1111;

3 ‘‘(M) a description of how the local edu4 cational agency will involve parents and the

5 community in the program in order to raise aca6 demic achievement;

7 ‘‘(N) a description of how the local edu8 cational agency will acquire any needed tech9 nical assistance that is aligned with the cur10 riculum of the agency for the program, from the

11 State educational agency or other entities with

12 demonstrated success in using the curriculum;

13 and

14 ‘‘(O) a description of the supplemental edu15 cational and related services that the local edu16 cational agency will provide to students not

17 meeting State academic standards and a de18 scription of the additional or alternative pro19 grams (other than summer academic enrichment

20 programs) that the local educational agency will

21 provide to students who continue to fail to meet

22 State academic standards, after participating in

23 such programs.

24 ‘‘(c) PRIORITY.—In making grants under this section,

25 the State educational agency shall give priority to appli-
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1 cants who demonstrate a high level of need for the summer

2 academic enrichment programs.

3 ‘‘(d) FEDERAL SHARE.—

4 ‘‘(1) IN GENERAL.—The Federal share of the cost

5 described in subsection (a) is 50 percent.

6 ‘‘(2) NON-FEDERAL SHARE.—The non-Federal

7 share of the cost may be provided in cash or in kind,

8 fairly evaluated, including plant, equipment, or serv9 ices.

10 ‘‘SEC. 6306. SUPPLEMENT NOT SUPPLANT.

11 ‘‘Funds appropriated pursuant to the authority of this

12 part shall be used to supplement and not supplant other

13 Federal, State, and local public or private funds expended

14 to provide academic enrichment programs.

15 ‘‘SEC. 6307. REPORTS.

16 ‘‘(a) STATE REPORTS.—Each State educational agen17 cy that receives a grant under this part shall annually pre18 pare and submit to the Secretary a report. The report shall

19 describe—

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

21 used to make grants to eligible local educational agen22 cies and to provide assistance to schools under this

23 part;

24 ‘‘(2) the specific measurable goals and objectives

25 described in section 6304(c)(2)(A) for the State as a
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1 whole and the extent to which the State met each of

2 the goals and objectives in the year preceding the sub3 mission of the report;

4 ‘‘(3) the specific measurable goals and objectives

5 described in section 6305(b)(2)(L) for each of the local

6 educational agencies receiving a grant under this

7 part in the State and the extent to which each of the

8 agencies met each of the goals and objectives in that

9 preceding year;

10 ‘‘(4) the steps that the State will take to ensure

11 that any such local educational agency who did not

12 meet the goals and objectives in that year will meet

13 the goals and objectives in the year following the sub14 mission of the report or the plan that the State has

15 for revoking the grant of such an agency and redis16 tributing the grant funds to existing or new pro17 grams;

18 ‘‘(5) how eligible local educational agencies and

19 schools used funds provided by the State educational

20 agency under this part; and

21 ‘‘(6) the degree to which progress has been made

22 toward meeting the goals and objectives described in

23 section 6304(c)(2)(A).
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1 ‘‘(b) REPORT TO CONGRESS.—The Secretary shall an2 nually prepare and submit to Congress a report. The report

3 shall describe—

4 ‘‘(1) the methods the State educational agencies

5 used to make grants to eligible local educational agen6 cies and to provide assistance to schools under this

7 part;

8 ‘‘(2) how eligible local educational agencies and

9 schools used funds provided under this part; and

10 ‘‘(3) the degree to which progress has been made

11 toward meeting the goals and objectives described in

12 sections 6304(c)(2)(A) and 6305(b)(2)(L).

13 ‘‘(c) GOVERNMENT ACCOUNTING OFFICE REPORT TO

14 CONGRESS.—The Comptroller General of the United States

15 shall conduct a study regarding the demonstration program

16 carried out under this part and the impact of the program

17 on student achievement. The Comptroller General shall pre18 pare and submit to Congress a report containing the results

19 of the study.

20 ‘‘SEC. 6308. ADMINISTRATION.

21 ‘‘The Secretary shall develop program guidelines for

22 and oversee the demonstration program carried out under

23 this part.
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1 ‘‘SEC. 6309. AUTHORIZATION OF APPROPRIATIONS.

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

3 this part $25,000,000 for each of fiscal years 2002 through

4 2004.

5 ‘‘SEC. 6310. TERMINATION.

6 ‘‘The authority provided by this part terminates 3

7 years after the date of enactment of the Better Education

8 for Students and Teachers Act.

9 ‘‘PART D—INCREASING PARENTAL INVOLVEMENT

10 AND PROTECTING STUDENT PRIVACY

11 ‘‘SEC. 6401. INTENT.

12 ‘‘It is the purpose of this part to provide parents with

13 notice of and opportunity to make informed decisions re14 garding the collection of information for commercial pur15 poses occurring in their children’s classrooms.

16 ‘‘SEC. 6402. COMMERCIALIZATION POLICIES AND PRIVACY

17 FOR STUDENTS.

18 ‘‘(a) PROHIBITION.—Except as provided in subsection

19 (b), no State educational agency or local educational agency

20 that is a recipient of funds under this Act may—

21 ‘‘(1) disclose data or information the agency

22 gathered from a student to a person or entity that

23 seeks disclosure of the data or information for the

24 purpose of benefiting the person or entity’s commer25 cial interests; or
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1 ‘‘(2) permit a person or entity to gather from a

2 student, or assist a person or entity in gathering from

3 a student, data or information, if the purpose of gath4 ering the data or information is to benefit the com5 mercial interests of the person or entity.

6 ‘‘(b) PARENTAL CONSENT.—

7 ‘‘(1) DISCLOSURE.—A State educational agency

8 or local educational agency that is a recipient of

9 funds under this Act may disclose data or informa10 tion under subsection (a)(1) if the agency, prior to the

11 disclosure—

12 ‘‘(A) explains to the student’s parent, in

13 writing, what data or information will be dis14 closed, to which person or entity the data or in15 formation will be disclosed, the amount of class

16 time, if any, that will be consumed by the disclo17 sure, and how the person or entity will use the

18 data or information; and

19 ‘‘(B) obtains the parent’s written permis20 sion for the disclosure.

21 ‘‘(2) GATHERING.—A State educational agency

22 or local educational agency that is a recipient of

23 funds under this Act may permit or assist a person

24 or entity with the gathering of data or information
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1 under subsection (a)(2) if the agency, prior to the

2 gathering—

3 ‘‘(A) explains to the student’s parent, in

4 writing, what data or information will be gath5 ered including whether any of the information is

6 personally identifiable, which person or entity

7 will gather the data or information, the amount

8 of class time if any, that will be consumed by the

9 gathering, and how the person or entity will use

10 the data or information; and

11 ‘‘(B) obtains the parent’s written permis12 sion for the gathering.

13 ‘‘(c) DEFINITIONS.—In this part:

14 ‘‘(1) STUDENT.—The term ‘student’ means a stu15 dent under the age of 18.

16 ‘‘(2) COMMERCIAL INTEREST.—The term ‘com17 mercial interest’ does not include the interest of a per18 son or entity in developing, evaluating, or providing

19 educational products or services for or to students or

20 educational institutions, such as—

21 ‘‘(A) college and other post-secondary edu22 cation recruiting;

23 ‘‘(B) book clubs and other programs pro24 viding access to low cost books or other related

25 literary products;
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1 ‘‘(C) curriculum and instructional mate2 rials used by elementary and secondary schools

3 to teach if—

4 ‘‘(i) the information is not used to sell

5 or advertise another product;

6 ‘‘(ii) the information is not used to de7 velop another product that is not covered by

8 the exemption from commercial interest in

9 this paragraph; and

10 ‘‘(iii) the curriculum and instructional

11 materials are used in accordance with ap12 plicable Federal, State, and local policies, if

13 any; and

14 ‘‘(D) the development and administration of

15 tests and assessments used by elementary and

16 secondary schools to provide cognitive, evalua17 tive, diagnostic, clinical, aptitude, or achieve18 ment information about students (or to generate

19 other statistically useful data for the purpose of

20 securing such tests and assessments) and the sub21 sequent analysis and public release of aggregate

22 data if—

23 ‘‘(i) the information is not used to sell

24 or advertise another product;
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1 ‘‘(ii) the information is not used to de2 velop another product that is not covered by

3 the exemption from commercial interest in

4 this paragraph; and

5 ‘‘(iii) the tests are conducted in accord6 ance with applicable Federal, State, and

7 local policies, if any.

8 ‘‘(d) LOCALLY DEVELOPED EXCEPTIONS.—A local

9 educational agency, in consultation with parents, may de10 velop appropriate exceptions to the consent requirements

11 contained in this part if—

12 ‘‘(1) the information to be collected is not person13 ally identifiable;

14 ‘‘(2) the local educational agency provides writ15 ten notice to all parents of its policy regarding data

16 or information collection activities for commercial

17 purposes; and

18 ‘‘(3) with respect to any particular data or in19 formation gathering or disclosure, the agency provides

20 written notice to all parents of—

21 ‘‘(A) the data or information to be collected;

22 ‘‘(B) the person or entity to whom the data

23 or information will be disclosed;

24 ‘‘(C) the amount of class time, if any, that

25 will be consumed by the collection activities; and
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1 ‘‘(D) the manner in which the person or en2 tity will use the data or information.

3 ‘‘(e) FUNDING.—A State educational agency or local

4 educational agency may use funds provided under subpart

5 4 of part B of title V to enhance parental involvement in

6 areas affecting children’s in-school privacy.

7 ‘‘(f) TECHNICAL ASSISTANCE.—Upon the request of a

8 State educational agency or local educational agency, the

9 Secretary shall provide technical assistance to such an

10 agency concerning compliance with this part.

11 ‘‘(g) ENFORCEMENT.—The Secretary shall take appro12 priate actions to enforce, and address violations of, this sec13 tion, in accordance with this chapter.

14 ‘‘(h) OFFICE, FUNCTIONS.—The Secretary shall des15 ignate an office to enforce this section and to provide tech16 nical assistance.

17 ‘‘(i) RULE OF CONSTRUCTION.—Nothing in this sec18 tion shall be construed to supersede the Family Educational

19 Rights and Privacy Act (20 U.S.C. 1232g).’’.

20 SEC. 602. GUIDELINES FOR STUDENT PRIVACY.

21 (a) DEVELOPMENT OF STUDENT PRIVACY GUIDE22 LINES.—A State or local educational agency that receives

23 funds under this Act shall develop and adopt guidelines re24 garding arrangements to protect student privacy that are
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1 entered into by the agency with public and private entities

2 that are not schools.

3 (b) NOTIFICATION OF PARENTS OF PRIVACY GUIDE4 LINES.—The guidelines developed by an educational agency

5 under subsection (a) shall provide for a reasonable notice

6 of the adoption of such guidelines to be given, by the agency

7 or a school under the agency’s supervision, to the parents

8 and guardians of students under the jurisdiction of such

9 agency or school. Such notice shall be provided at least an10 nually and within a reasonable period of time after any

11 change in such guidelines.

12 (c) EXCEPTIONS.—This section shall not apply to the

13 development, evaluation, or provision of educational prod14 ucts or services for or to students or educational institu15 tions, such as the following:

16 (1) College or other post-secondary education re17 cruitment or military recruitment.

18 (2) Book clubs, magazines, and programs pro19 viding access to other literary products.

20 (3) Curriculum and instructional materials used

21 by elementary and secondary schools to teach.

22 (4) The development and administration of tests

23 and assessments used by elementary and secondary

24 schools to provide cognitive, evaluative, diagnostic,

25 clinical, aptitude, or achievement information about
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1 students (or to generate other statistically useful data

2 for the purpose of securing such tests and assessments)

3 and the subsequent analysis and public release of ag4 gregate data.

5 (5) The sale by students of products or services

6 to raise funds for school- or education-related activi7 ties.

8 (6) Student recognition programs.

9 (d) INFORMATION ACTIVITIES BY THE SECRETARY.—

10 Once each year, the Secretary shall inform each State edu11 cational agency and each local educational agency of the

12 educational agency’s obligations under section 438 of the

13 General Education Provisions Act (added by the Family

14 Educational Rights and Privacy Act of 1974; 20 U.S.C.

15 1232g) and the Children’s Online Privacy Protection Act

16 of 1998 (15 U.S.C. 6501 et seq.).

17 (e) FUNDING.—A State educational agency or local

18 educational agency may use funds provided under subpart

19 4 of part B of title V of the Elementary and Secondary

20 Education Act of 1965 to enhance parental involvement in

21 areas affecting children’s in-school privacy.

22 (f) DEFINITIONS.—In this section, the terms ‘‘elemen23 tary school’’, ‘‘local educational agency’’, ‘‘secondary

24 school’’, ‘‘Secretary’’, and ‘‘State educational agency’’ have
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1 the meanings given those terms in section 3 of the Elemen2 tary and Secondary Education Act of 1965.

3 TITLE VII—INDIAN, NATIVE HA4 WAIIAN, AND ALASKA NATIVE

5 EDUCATION

6 SEC. 701. PROGRAMS.

7 Title VII (20 U.S.C. 7401 et seq.) is amended to read

8 as follows:

9 ‘‘TITLE VII—INDIAN, NATIVE HA10 WAIIAN, AND ALASKA NATIVE

11 EDUCATION

12 ‘‘PART A—INDIAN EDUCATION

13 ‘‘SEC. 7101. FINDINGS.

14 ‘‘Congress finds that—

15 ‘‘(1) the Federal Government has a special re16 sponsibility to ensure that educational programs for

17 all American Indian and Alaska Native children and

18 adults—

19 ‘‘(A) are based on high-quality, internation20 ally competitive content standards and student

21 performance standards, and build on Indian cul22 ture and the Indian community;

23 ‘‘(B) assist local educational agencies, In24 dian tribes, and other entities and individuals in

25 providing Indian students the opportunity to
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1 achieve the standards described in subparagraph

2 (A); and

3 ‘‘(C) meet the unique educational and cul4 turally related academic needs of American In5 dian and Alaska Native students;

6 ‘‘(2) since the date of enactment of the Indian

7 Education Act in 1972, the level of involvement of In8 dian parents in the planning, development, and im9 plementation of educational programs that affect such

10 parents and their children has increased significantly,

11 and schools should continue to foster such involve12 ment;

13 ‘‘(3) although the number of Indian teachers, ad14 ministrators, and university professors has increased

15 since 1972, teacher training programs are not recruit16 ing, training, or retraining a sufficient number of In17 dian individuals as educators to meet the needs of a

18 growing Indian student population in elementary,

19 secondary, vocational, adult, and higher education;

20 ‘‘(4) the dropout rate for Indian students is un21 acceptably high: 9 percent of Indian students who

22 were eighth graders in 1988 had already dropped out

23 of school by 1990;

24 ‘‘(5) during the period from 1980 to 1990, the

25 percentage of Indian individuals living at or below
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1 the poverty level increased from 24 percent to 31 per2 cent, and the readiness of Indian children to learn is

3 hampered by the high incidence of poverty, unemploy4 ment, and health problems among Indian children

5 and their families; and

6 ‘‘(6) research related specifically to the education

7 of Indian children and adults is very limited, and

8 much of the research is of poor quality or is focused

9 on limited local or regional issues.

10 ‘‘SEC. 7102. PURPOSE.

11 ‘‘(a) PURPOSE.—The purpose of this part is to support

12 the efforts of local educational agencies, Indian tribes and

13 organizations, postsecondary institutions, and other entities

14 to meet the unique educational and culturally related aca15 demic needs of American Indian and Alaska Native stu16 dents, so that such students can meet the same challenging

17 State performance standards as are expected for all stu18 dents.

19 ‘‘(b) PROGRAMS.—This part carries out the purpose

20 described in subsection (a) by authorizing programs of di21 rect assistance for—

22 ‘‘(1) meeting the unique educational and cul23 turally related academic needs of American Indians

24 and Alaska Natives;

25 ‘‘(2) the education of Indian children and adults;
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1 ‘‘(3) the training of Indian persons as educators

2 and counselors, and in other professions serving In3 dian people; and

4 ‘‘(4) research, evaluation, data collection, and

5 technical assistance.

6 ‘‘Subpart 1—Formula Grants to Local Educational

7 Agencies

8 ‘‘SEC. 7111. PURPOSE.

9 ‘‘The purpose of this subpart is to support local edu10 cational agencies in their efforts to reform elementary school

11 and secondary school programs that serve Indian students

12 in order to ensure that such programs—

13 ‘‘(1) are based on challenging State content

14 standards and State student performance standards

15 that are used for all students; and

16 ‘‘(2) are designed to assist Indian students to

17 meet those standards.

18 ‘‘SEC. 7112. GRANTS TO LOCAL EDUCATIONAL AGENCIES.

19 ‘‘(a) IN GENERAL.—The Secretary may make grants

20 to local educational agencies and Indian tribes in accord21 ance with this section.

22 ‘‘(b) LOCAL EDUCATIONAL AGENCIES.—

23 ‘‘(1) ENROLLMENT REQUIREMENTS.—A local

24 educational agency shall be eligible for a grant under

25 this subpart for any fiscal year if the number of In-
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1 dian children who are eligible under section 7117,

2 and who were enrolled in the schools of the agency,

3 and to whom the agency provided free public edu4 cation, during the preceding fiscal year—

5 ‘‘(A) was at least 10; or

6 ‘‘(B) constituted not less than 25 percent of

7 the total number of individuals enrolled in the

8 schools of such agency.

9 ‘‘(2) EXCLUSION.—The requirement of para10 graph (1) shall not apply in Alaska, California, or

11 Oklahoma, or with respect to any local educational

12 agency located on, or in proximity to, a reservation.

13 ‘‘(c) INDIAN TRIBES.—

14 ‘‘(1) IN GENERAL.—If a local educational agency

15 that is otherwise eligible for a grant under this sub16 part does not establish a parent committee under sec17 tion 7114(c)(4), an Indian tribe that represents not

less than 1 18 ⁄2 of the eligible Indian children who are

19 served by such local educational agency may apply

20 for such grant by submitting an application in ac21 cordance with section 7114.

22 ‘‘(2) SPECIAL RULE.—The Secretary shall treat

23 each Indian tribe applying for a grant pursuant to

24 paragraph (1) as if such Indian tribe were a local

25 educational agency for purposes of this subpart, ex-
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1 cept that any such tribe shall not be subject to section

2 7114(c)(4) (relating to a parent committee), section

3 7118(c) (relating to maintenance of effort), or section

4 7119 (relating to State review of applications).

5 ‘‘SEC. 7113. AMOUNT OF GRANTS.

6 ‘‘(a) AMOUNT OF GRANT AWARDS.—

7 ‘‘(1) IN GENERAL.—Except as provided in sub8 sections (c) and (d), for purposes of making grants

9 under this subpart the Secretary shall allocate to each

10 local educational agency that has an approved appli11 cation under this subpart an amount equal to the

12 product of—

13 ‘‘(A) the number of Indian children who are

14 eligible under section 7117 and served by such

15 agency; and

16 ‘‘(B) the greater of—

17 ‘‘(i) the average per-pupil expenditure

18 of the State in which such agency is located;

19 or

20 ‘‘(ii) 80 percent of the average per21 pupil expenditure of all the States.

22 ‘‘(2) REDUCTION.—The Secretary shall reduce

23 the amount of each allocation determined under para24 graph (1) or subsection (b) in accordance with sub25 section (c).
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1 ‘‘(b) SCHOOLS OPERATED OR SUPPORTED BY THE BU2 REAU OF INDIAN AFFAIRS.—

3 ‘‘(1) IN GENERAL.—In addition to the grants

4 awarded under subsection (a), and subject to para5 graph (2), for purposes of making grants under this

6 subpart the Secretary shall allocate to the Secretary

7 of the Interior an amount equal to the product of—

8 ‘‘(A) the total number of Indian children

9 enrolled in schools that are operated by—

10 ‘‘(i) the Bureau of Indian Affairs; or

11 ‘‘(ii) an Indian tribe, or an organiza12 tion controlled or sanctioned by an Indian

13 tribal government, for the children of such

14 tribe under a contract with, or grant from,

15 the Department of the Interior under the

16 Indian Self-Determination Act or the Trib17 ally Controlled Schools Act of 1988; and

18 ‘‘(B) the greater of—

19 ‘‘(i) the average per-pupil expenditure

20 of the State in which the school is located;

21 or

22 ‘‘(ii) 80 percent of the average per23 pupil expenditure of all the States.

24 ‘‘(2) SPECIAL RULE.—Any school described in

25 paragraph (1) may apply for an allocation under
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1 this subpart by submitting an application in accord2 ance with section 7114. The Secretary shall treat the

3 school as if the school were a local educational agency

4 for purposes of this subpart, except that any such

5 school shall not be subject to section 7114(c)(4),

6 7118(c), or 7119.

7 ‘‘(c) RATABLE REDUCTIONS.—If the sums appro8 priated for any fiscal year under section 7162(a) are insuf9 ficient to pay in full the amounts determined for local edu10 cational agencies under subsection (a) and for the Secretary

11 of the Interior under subsection (b), each of those amounts

12 shall be ratably reduced.

13 ‘‘(d) MINIMUM GRANT.—

14 ‘‘(1) IN GENERAL.—Notwithstanding subsection

15 (c), a local educational agency (including an Indian

16 tribe as authorized under section 7112(b)) that is eli17 gible for a grant under section 7112, and a school

18 that is operated or supported by the Bureau of Indian

19 Affairs that is eligible for a grant under subsection

20 (b), that submits an application that is approved by

21 the Secretary, shall, subject to appropriations, receive

22 a grant under this subpart in an amount that is not

23 less than $3,000.
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1 ‘‘(2) CONSORTIA.—Local educational agencies

2 may form a consortium for the purpose of obtaining

3 grants under this subpart.

4 ‘‘(3) INCREASE.—The Secretary may increase

5 the minimum grant under paragraph (1) to not more

6 than $4,000 for all grant recipients if the Secretary

7 determines such increase is necessary to ensure qual8 ity programs.

9 ‘‘(e) DEFINITION.—In this section, the term ‘average

10 per-pupil expenditure’, for a State, means an amount equal

11 to—

12 ‘‘(1) the sum of the aggregate current expendi13 tures of all the local educational agencies in the State,

14 plus any direct current expenditures by the State for

15 the operation of such agencies, without regard to the

16 sources of funds from which such local or State ex17 penditures were made, during the second fiscal year

18 preceding the fiscal year for which the computation is

19 made; divided by

20 ‘‘(2) the aggregate number of children who were

21 included in average daily attendance and for whom

22 such agencies provided free public education during

23 such preceding fiscal year.
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1 ‘‘SEC. 7114. APPLICATIONS.

2 ‘‘(a) APPLICATION REQUIRED.—Each local edu3 cational agency that desires to receive a grant under this

4 subpart shall submit an application to the Secretary at

5 such time, in such manner, and containing such informa6 tion as the Secretary may reasonably require.

7 ‘‘(b) COMPREHENSIVE PROGRAM REQUIRED.—Each

8 application submitted under subsection (a) shall include a

9 description of a comprehensive program for meeting the

10 needs of Indian children served by the local educational

11 agency, including the language and cultural needs of the

12 children, that—

13 ‘‘(1) describes how the comprehensive program

14 will offer programs and activities to meet the cul15 turally related academic needs of American Indian

16 and Alaska Native students;

17 ‘‘(2)(A) is consistent with the State and local

18 plans submitted under other provisions of this Act;

19 and

20 ‘‘(B) includes academic content and student per21 formance goals for such children, and benchmarks for

22 attaining such goals, that are based on the chal23 lenging State standards adopted under title I for all

24 children;
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1 ‘‘(3) explains how Federal, State, and local pro2 grams, especially programs carried out under title I,

3 will meet the needs of such students;

4 ‘‘(4) demonstrates how funds made available

5 under this subpart will be used for activities described

6 in section 7115;

7 ‘‘(5) describes the professional development op8 portunities that will be provided, as needed, to ensure

9 that—

10 ‘‘(A) teachers and other school professionals

11 who are new to the Indian community are pre12 pared to work with Indian children; and

13 ‘‘(B) all teachers who will be involved in

14 programs assisted under this subpart have been

15 properly trained to carry out such programs;

16 and

17 ‘‘(6) describes how the local educational

18 agency—

19 ‘‘(A) will periodically assess the progress of

20 all Indian children enrolled in the schools of the

21 local educational agency, including Indian chil22 dren who do not participate in programs as23 sisted under this subpart, in meeting the goals

24 described in paragraph (2);
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1 ‘‘(B) will provide the results of each assess2 ment referred to in subparagraph (A) to—

3 ‘‘(i) the committee of parents described

4 in subsection (c)(4); and

5 ‘‘(ii) the community served by the local

6 educational agency; and

7 ‘‘(C) is responding to findings of any pre8 vious assessments that are similar to the assess9 ments described in subparagraph (A).

10 ‘‘(c) ASSURANCES.—Each application submitted

11 under subsection (a) shall include assurances that—

12 ‘‘(1) the local educational agency will use funds

13 received under this subpart only to supplement the

14 funds that, in the absence of the Federal funds made

15 available under this subpart, such agency would make

16 available for the education of Indian children, and

17 not to supplant such funds;

18 ‘‘(2) the local educational agency will prepare

19 and submit to the Secretary such reports, in such

20 form and containing such information, as the Sec21 retary may require to—

22 ‘‘(A) carry out the functions of the Sec23 retary under this subpart; and

24 ‘‘(B) determine the extent to which activi25 ties carried out with funds provided to the local
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1 educational agency under this subpart are effec2 tive in improving the educational achievement of

3 Indian students served by such agency;

4 ‘‘(3) the program for which assistance is

5 sought—

6 ‘‘(A) is based on a comprehensive local as7 sessment and prioritization of the unique edu8 cational and culturally related academic needs of

9 the American Indian and Alaska Native students

10 for whom the local educational agency is pro11 viding an education;

12 ‘‘(B) will use the best available talents and

13 resources, including individuals from the Indian

14 community; and

15 ‘‘(C) was developed by such agency in open

16 consultation with parents of Indian children and

17 teachers, and, if appropriate, Indian students

18 from secondary schools, including through public

19 hearings held by such agency to provide to the

20 individuals described in this subparagraph a full

21 opportunity to understand the program and to

22 offer recommendations regarding the program;

23 and
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1 ‘‘(4) the local educational agency developed the

2 program with the participation and written approval

3 of a committee—

4 ‘‘(A) that is composed of, and selected by—

5 ‘‘(i) parents of Indian children in the

6 local educational agency’s schools and

7 teachers in the schools; and

8 ‘‘(ii) if appropriate, Indian students

9 attending secondary schools of the agency;

10 ‘‘(B) a majority of whose members are par11 ents of Indian children;

12 ‘‘(C) that has set forth such policies and

13 procedures, including policies and procedures re14 lating to the hiring of personnel, as will ensure

15 that the program for which assistance is sought

16 will be operated and evaluated in consultation

17 with, and with the involvement of, parents of the

18 children, and representatives of the area, to be

19 served;

20 ‘‘(D) with respect to an application describ21 ing a schoolwide program carried out in accord22 ance with section 7115(c), that has—

23 ‘‘(i) reviewed in a timely fashion the

24 program; and
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1 ‘‘(ii) determined that the program will

2 enhance the availability of culturally re3 lated activities for American Indian and

4 Alaska Native students; and

5 ‘‘(E) that has adopted reasonable bylaws for

6 the conduct of the activities of the committee and

7 abides by such bylaws.

8 ‘‘SEC. 7115. AUTHORIZED SERVICES AND ACTIVITIES.

9 ‘‘(a) GENERAL REQUIREMENTS.—Each local edu10 cational agency that receives a grant under this subpart

11 shall use the grant funds, in a manner consistent with the

12 purpose specified in section 7111, for services and activities

13 that—

14 ‘‘(1) are designed to carry out the comprehensive

15 program of the local educational agency for Indian

16 students, and described in the application of the local

17 educational agency submitted to the Secretary under

18 section 7114;

19 ‘‘(2) are designed with special regard for the lan20 guage and cultural needs of the Indian students; and

21 ‘‘(3) supplement and enrich the regular school

22 program of such agency.

23 ‘‘(b) PARTICULAR SERVICES AND ACTIVITIES.—The

24 services and activities referred to in subsection (a) may

25 include—
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1 ‘‘(1) culturally related activities that support the

2 program described in the application submitted by

3 the local educational agency;

4 ‘‘(2) early childhood and family programs that

5 emphasize school readiness;

6 ‘‘(3) enrichment programs that focus on problem7 solving and cognitive skills development and directly

8 support the attainment of challenging State content

9 standards and State student performance standards;

10 ‘‘(4) integrated educational services in combina11 tion with other programs that meet the needs of In12 dian children and their families;

13 ‘‘(5) career preparation activities to enable In14 dian students to participate in programs such as the

15 programs supported by Public Law 103–239 and

16 Public Law 88–210, including programs for tech17 prep, mentoring, and apprenticeship activities;

18 ‘‘(6) activities to educate individuals concerning

19 substance abuse and to prevent substance abuse;

20 ‘‘(7) the acquisition of equipment, but only if the

21 acquisition of the equipment is essential to meet the

22 purpose described in section 7111;

23 ‘‘(8) activities that promote the incorporation of

24 culturally responsive teaching and learning strategies
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1 into the educational program of the local educational

2 agency;

3 ‘‘(9) activities that incorporate American Indian

4 and Alaska Native specific curriculum content, con5 sistent with State standards, into the curriculum used

6 by the local educational agency;

7 ‘‘(10) activities to promote coordination and col8 laboration between tribal, Federal, and State public

9 schools in areas that will improve American Indian

10 and Alaska Native student achievement; and

11 ‘‘(11) family literacy services.

12 ‘‘(c) SCHOOLWIDE PROGRAMS.—Notwithstanding any

13 other provision of law, a local educational agency may use

14 funds made available to such agency under this subpart to

15 support a schoolwide program under section 1114 if—

16 ‘‘(1) the committee composed of parents estab17 lished pursuant to section 7114(c)(4) approves the use

18 of the funds for the schoolwide program; and

19 ‘‘(2) the schoolwide program is consistent with

20 the purpose described in section 7111.

21 ‘‘(d) ADMINISTRATIVE COSTS.—Not more than 5 per22 cent of the funds made available to a local educational agen23 cy through a grant made under this subpart for a fiscal

24 year may be used to pay for administrative costs.
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1 ‘‘SEC. 7116. INTEGRATION OF SERVICES AUTHORIZED.

2 ‘‘(a) PLAN.—An entity receiving funds under this sub3 part may submit a plan to the Secretary for a demonstra4 tion project for the integration of education and related

5 services provided to Indian students.

6 ‘‘(b) CONSOLIDATION OF PROGRAMS.—Upon the re7 ceipt of an acceptable plan under subsection (a), the Sec8 retary, in cooperation with each Federal agency providing

9 grants for the provision of education and related services

10 to the applicant, shall authorize the applicant to consoli11 date, in accordance with such plan, the federally funded

12 education and related services programs of the applicant

13 and the agencies, or portions of the programs, serving In14 dian students in a manner that integrates the program

15 services involved into a single, coordinated, comprehensive

16 program and reduces administrative costs by consolidating

17 administrative functions.

18 ‘‘(c) PROGRAMS AFFECTED.—The funds that may be

19 consolidated in a demonstration project under any such

20 plan referred to in subsection (b) shall include funds for

21 any Federal program exclusively serving Indian children,

22 or the funds reserved exclusively to serve Indian children

23 under any program, for which the applicant is eligible for

24 receipt of funds under a statutory or administrative for25 mula for the purposes of providing education and related

26 services for Indian students.
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1 ‘‘(d) PLAN REQUIREMENTS.—For a plan to be accept2 able pursuant to subsection (b), the plan shall—

3 ‘‘(1) identify the programs or funding sources to

4 be consolidated;

5 ‘‘(2) be consistent with the objectives of this sec6 tion authorizing the program services to be integrated

7 in a demonstration project;

8 ‘‘(3) describe a comprehensive strategy that iden9 tifies the full range of potential educational opportu10 nities and related services to be provided to assist In11 dian students to achieve the objectives set forth in this

12 subpart;

13 ‘‘(4) describe the way in which the services are

14 to be integrated and delivered and the results expected

15 from the plan;

16 ‘‘(5) identify the projected expenditures under

17 the plan in a single budget;

18 ‘‘(6) identify the State, tribal, or local agencies

19 to be involved in the delivery of the services integrated

20 under the plan;

21 ‘‘(7) identify any statutory provisions, regula22 tions, policies, or procedures that the applicant be23 lieves need to be waived in order to implement the

24 plan;
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1 ‘‘(8) set forth measures of student achievement

2 and performance goals designed to be met within a

3 specified period of time for activities provided under

4 the plan; and

5 ‘‘(9) be approved by a parent committee formed

6 in accordance with section 7114(c)(4), if such a com7 mittee exists, in consultation with the Committee on

8 Resources of the House of Representatives and the

9 Committee on Indian Affairs of the Senate.

10 ‘‘(e) PLAN REVIEW.—Upon receipt of the plan from

11 an eligible entity, the Secretary shall consult with the head

12 of each Federal agency providing funds to be used to imple13 ment the plan, and with the entity submitting the plan.

14 The parties so consulting shall identify any waivers of stat15 utory requirements or of Federal regulations, policies, or

16 procedures necessary to enable the applicant to implement

17 the plan. Notwithstanding any other provision of law, the

18 Secretary of the affected agency shall have the authority to

19 waive, for the applicant, any regulation, policy, or proce20 dure promulgated by that agency that has been so identified

21 by the applicant or agency, unless the head of the affected

22 agency determines that such a waiver is inconsistent with

23 the objectives of this subpart or the provisions of the statute

24 from which the program involved derives authority that are

25 specifically applicable to Indian students.
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1 ‘‘(f) PLAN APPROVAL.—Within 90 days after the re2 ceipt of an applicant’s plan by the Secretary under sub3 section (a), the Secretary shall inform the applicant, in

4 writing, of the Secretary’s approval or disapproval of the

5 plan. If the plan is disapproved, the applicant shall be in6 formed, in writing, of the reasons for the disapproval and

7 shall be given an opportunity to amend the plan or to peti8 tion the Secretary to reconsider such disapproval.

9 ‘‘(g) RESPONSIBILITIES OF DEPARTMENT OF EDU10 CATION.—Not later than 180 days after the date of enact11 ment of the Better Education for Students and Teachers

12 Act, the Secretary of Education, the Secretary of the Inte13 rior, and the head of any other Federal agency identified

14 by the Secretary of Education, shall enter into an inter15 agency memorandum of agreement providing for the imple16 mentation of the demonstration projects authorized under

17 this section. The lead agency for a demonstration project

18 authorized under this section shall be—

19 ‘‘(1) the Department of the Interior, in the case

20 of an applicant that is a contract or grant school, as

21 defined in section 1146 of the Education Amendments

22 of 1978; or

23 ‘‘(2) the Department of Education, in the case of

24 any other applicant.
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1 ‘‘(h) RESPONSIBILITIES OF LEAD AGENCY.—The re2 sponsibilities of the lead agency for a demonstration project

3 shall include—

4 ‘‘(1) the use of a single report format related to

5 the plan for the individual project, which shall be

6 used by an eligible entity to report on the activities

7 undertaken under the project;

8 ‘‘(2) the use of a single report format related to

9 the projected expenditures for the individual project,

10 which shall be used by an eligible entity to report on

11 all project expenditures;

12 ‘‘(3) the development of a single system of Fed13 eral oversight for the project, which shall be imple14 mented by the lead agency; and

15 ‘‘(4) the provision of technical assistance to an

16 eligible entity appropriate to the project, except that

17 an eligible entity shall have the authority to accept or

18 reject the plan for providing such technical assistance

19 and the technical assistance provider.

20 ‘‘(i) REPORT REQUIREMENTS.—

21 ‘‘(1) IN GENERAL.—The Secretary shall develop,

22 consistent with the requirements of this section, a sin23 gle report format for the reports described in sub24 section (h).
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1 ‘‘(2) REPORT INFORMATION.—Such report for2 mat shall require that the reports shall—

3 ‘‘(A) contain such information as will allow

4 a determination that the eligible entity has com5 plied with the requirements incorporated in the

6 entity’s approved plan, including the demonstra7 tion of student achievement; and

8 ‘‘(B) provide assurances to the Secretary of

9 Education and the Secretary of the Interior that

10 the eligible entity has complied with all directly

11 applicable statutory requirements and with those

12 directly applicable regulatory requirements that

13 have not been waived.

14 ‘‘(3) RECORD INFORMATION.—The Secretary

15 shall require that records maintained at the local level

16 on the programs consolidated for the project shall con17 tain the information and provide the assurances de18 scribed in paragraph (2).

19 ‘‘(j) NO REDUCTION IN AMOUNTS.—In no case shall

20 the amount of Federal funds available to an eligible entity

21 involved in any demonstration project be reduced as a re22 sult of the enactment of this section.

23 ‘‘(k) INTERAGENCY FUND TRANSFERS AUTHORIZED.—

24 The Secretary is authorized to take such action as may be

25 necessary to provide for an interagency transfer of funds
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1 otherwise available to an eligible entity in order to further

2 the objectives of this section.

3 ‘‘(l) ADMINISTRATION OF FUNDS.—

4 ‘‘(1) IN GENERAL.—An eligible entity shall ad5 minister the program funds for the consolidated pro6 grams in such a manner as to allow for a determina7 tion that funds from a specific program are spent on

8 allowable activities authorized under such program,

9 except that the eligible entity shall determine the pro10 portion of the funds that shall be allocated to such

11 program.

12 ‘‘(2) SEPARATE RECORDS NOT REQUIRED.—

13 Nothing in this section shall be construed as requiring

14 the eligible entity to maintain separate records trac15 ing any services or activities conducted under the ap16 proved plan to the individual programs under which

17 funds were authorized for the services or activities,

18 nor shall the eligible entity be required to allocate ex19 penditures among such individual programs.

20 ‘‘(m) OVERAGE.—The eligible entity may commingle

21 all administrative funds from the consolidated programs

22 and shall be entitled to the full amount of such funds (under

23 each program’s or agency’s regulations). The overage (de24 fined as the difference between the amount of the commin25 gled funds and the actual administrative cost of the pro-
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1 grams) shall be considered to be properly spent for Federal

2 audit purposes, if the overage is used for the purposes pro3 vided for under this section.

4 ‘‘(n) FISCAL ACCOUNTABILITY.—Nothing in this part

5 shall be construed so as to interfere with the ability of the

6 Secretary or the lead agency to fulfill responsibilities for

7 safeguarding Federal funds pursuant to chapter 75 of title

8 31, United States Code.

9 ‘‘(o) REPORT ON STATUTORY OBSTACLES TO PROGRAM

10 INTEGRATION.—

11 ‘‘(1) PRELIMINARY REPORT.—Not later than 2

12 years after the date of enactment of the Better Edu13 cation for Students and Teachers Act, the Secretary

14 of Education shall submit a preliminary report to the

15 Committee on Education and the Workforce and the

16 Committee on Resources of the House of Representa17 tives and the Committee on Health, Education,

18 Labor, and Pensions and the Committee on Indian

19 Affairs of the Senate on the status of the implementa20 tion of the demonstration projects authorized under

21 this section.

22 ‘‘(2) FINAL REPORT.—Not later than 5 years

23 after the date of enactment of the Better Education

24 for Students and Teachers Act, the Secretary of Edu25 cation shall submit a report to the Committee on
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1 Education and the Workforce and the Committee on

2 Resources of the House of Representatives and the

3 Committee on Health, Education, Labor, and Pen4 sions and the Committee on Indian Affairs of the

5 Senate on the results of the implementation of the

6 demonstration projects authorized under this section.

7 Such report shall identify statutory barriers to the

8 ability of participants to integrate more effectively

9 their education and related services to Indian stu10 dents in a manner consistent with the objectives of

11 this section.

12 ‘‘(p) DEFINITION.—In this section, the term ‘Sec13 retary’ means—

14 ‘‘(1) the Secretary of the Interior, in the case of

15 an applicant that is a contract or grant school, as de16 fined in section 1146 of the Education Amendments

17 of 1978; or

18 ‘‘(2) the Secretary of Education, in the case of

19 any other applicant.

20 ‘‘SEC. 7117. STUDENT ELIGIBILITY FORMS.

21 ‘‘(a) IN GENERAL.—The Secretary shall require that,

22 as part of an application for a grant under this subpart,

23 each applicant shall maintain a file, with respect to each

24 Indian child for whom the local educational agency pro25 vides a free public education, that contains a form that sets
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1 forth information establishing the status of the child as an

2 Indian child eligible for assistance under this subpart, and

3 that otherwise meets the requirements of subsection (b).

4 ‘‘(b) FORMS.—The form described in subsection (a)

5 shall include—

6 ‘‘(1) either—

7 ‘‘(A)(i) the name of the tribe or band of In8 dians (as defined in section 7161(3)) with re9 spect to which the child claims membership;

10 ‘‘(ii) the enrollment number establishing the

11 membership of the child (if readily available);

12 and

13 ‘‘(iii) the name and address of the organiza14 tion that maintains updated and accurate mem15 bership data for such tribe or band of Indians;

16 or

17 ‘‘(B) if the child is not a member of the

18 tribe or band of Indians (as so defined), the

19 name, the enrollment number (if readily avail20 able), and the name and address of the organiza21 tion responsible for maintaining updated and

22 accurate membership rolls, of any parent or

23 grandparent of the child from whom the child

24 claims eligibility under this subpart;
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1 ‘‘(2) a statement of whether the tribe or band of

2 Indians (as so defined) with respect to which the

3 child, or parent or grandparent of the child, claims

4 membership is federally recognized;

5 ‘‘(3) the name and address of the parent or legal

6 guardian of the child;

7 ‘‘(4) a signature of the parent or legal guardian

8 of the child that verifies the accuracy of the informa9 tion supplied; and

10 ‘‘(5) any other information that the Secretary

11 considers necessary to provide an accurate program

12 profile.

13 ‘‘(c) STATUTORY CONSTRUCTION.—Nothing in this sec14 tion shall be construed to affect a definition contained in

15 section 7161.

16 ‘‘(d) FORMS AND STANDARDS OF PROOF.—The forms

17 and the standards of proof (including the standard of good

18 faith compliance) that were in use during the 1985–86 aca19 demic year to establish the eligibility of a child for entitle20 ment under the Indian Elementary and Secondary School

21 Assistance Act shall be the forms and standards of proof

22 used—

23 ‘‘(1) to establish eligibility under this subpart;

24 and

25 ‘‘(2) to meet the requirements of subsection (a).
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1 ‘‘(e) DOCUMENTATION.—For purposes of determining

2 whether a child is eligible to be counted for the purpose of

3 computing the amount of a grant award under section

4 7113, the membership of the child, or any parent or grand5 parent of the child, in a tribe or band of Indians (as so

6 defined) may be established by proof other than an enroll7 ment number, notwithstanding the availability of an enroll8 ment number for a member of such tribe or band.

9 ‘‘(f) MONITORING AND EVALUATION REVIEW.—

10 ‘‘(1) IN GENERAL.—

11 ‘‘(A) REVIEW.—For each fiscal year, in

12 order to provide such information as is necessary

13 to carry out the responsibility of the Secretary to

14 provide technical assistance under this subpart,

15 the Secretary shall conduct a monitoring and

16 evaluation review of a sampling of the local edu17 cational agencies that are recipients of grants

18 under this subpart. The sampling conducted

19 under this paragraph shall take into account the

20 size of such a local educational agency and the

21 geographic location of such agency.

22 ‘‘(B) EXCEPTION.—A local educational

23 agency may not be held liable to the United

24 States or be subject to any penalty by reason of

25 the findings of an audit that relates to the date
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1 of completion, or the date of submission, of any

2 forms used to establish, before April 28, 1988, the

3 eligibility of a child for entitlement under the

4 Indian Elementary and Secondary School As5 sistance Act.

6 ‘‘(2) FALSE INFORMATION.—Any local edu7 cational agency that provides false information in an

8 application for a grant under this subpart shall—

9 ‘‘(A) be ineligible to apply for any other

10 grant under this subpart; and

11 ‘‘(B) be liable to the United States for any

12 funds from the grant that have not been ex13 pended.

14 ‘‘(3) EXCLUDED CHILDREN.—A student who pro15 vides false information for the form required under

16 subsection (a) shall not be counted for the purpose of

17 computing the amount of a grant award under sec18 tion 7113.

19 ‘‘(g) TRIBAL GRANT AND CONTRACT SCHOOLS.—Not20 withstanding any other provision of this section, the Sec21 retary, in computing the amount of a grant award under

22 section 7113 to a tribal school that receives a grant or con23 tract from the Bureau of Indian Affairs, shall use only 1

24 of the following, as selected by the school:
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1 ‘‘(1) A count, certified by the Bureau, of the

2 number of students in the school.

3 ‘‘(2) A count of the number of students for whom

4 the school has eligibility forms that comply with this

5 section.

6 ‘‘(h) TIMING OF CHILD COUNTS.—For purposes of de7 termining the number of children to be counted in com8 puting the amount of a local educational agency’s grant

9 award under section 7113 (other than in the case described

10 in subsection (g)(1)), the local educational agency shall—

11 ‘‘(1) establish a date on, or a period not longer

12 than 31 consecutive days during which, the agency

13 counts those children, if that date or period occurs be14 fore the deadline established by the Secretary for sub15 mitting an application under section 7114; and

16 ‘‘(2) determine that each such child was enrolled,

17 and receiving a free public education, in a school of

18 the agency on that date or during that period, as the

19 case may be.

20 ‘‘SEC. 7118. PAYMENTS.

21 ‘‘(a) IN GENERAL.—Subject to subsections (b) and (c),

22 the Secretary shall pay to each local educational agency

23 that submits an application that is approved by the Sec24 retary under this subpart the amount computed under sec25 tion 7113. The Secretary shall notify the local educational
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1 agency of the amount of the payment not later than June

2 1 of the year for which the Secretary makes the payment.

3 ‘‘(b) PAYMENTS TAKEN INTO ACCOUNT BY THE

4 STATE.—The Secretary may not make a grant under this

5 subpart to a local educational agency for a fiscal year if,

6 for such fiscal year, the State in which the local educational

7 agency is located takes into consideration payments made

8 under this subpart in determining the eligibility of the local

9 educational agency for State aid, or the amount of the State

10 aid, with respect to the free public education of children

11 during such fiscal year or the preceding fiscal year.

12 ‘‘(c) REDUCTION OF PAYMENT FOR FAILURE TO MAIN13 TAIN FISCAL EFFORT.—

14 ‘‘(1) IN GENERAL.—The Secretary may not pay

15 a local educational agency in a State the full amount

16 of a grant award computed under section 7113 for

17 any fiscal year unless the State educational agency

18 notifies the Secretary, and the Secretary determines,

19 that with respect to the provision of free public edu20 cation by the local educational agency for the pre21 ceding fiscal year, that the combined fiscal effort of

22 the local educational agency and the State, computed

23 on either a per student or aggregate expenditure basis

24 was not less than 90 percent of the amount of the
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1 combined fiscal effort, computed on the same basis, for

2 the second preceding fiscal year.

3 ‘‘(2) FAILURE.—If, for any fiscal year, the Sec4 retary determines that a local educational agency and

5 State failed to maintain the combined fiscal effort at

6 the level specified in paragraph (1), the Secretary

7 shall—

8 ‘‘(A) reduce the amount of the grant that

9 would otherwise be made to such agency under

10 this subpart in the exact proportion of the fail11 ure to maintain the fiscal effort at such level;

12 and

13 ‘‘(B) not use the reduced amount of the

14 combined fiscal effort for the year to determine

15 compliance with paragraph (1) for any suc16 ceeding fiscal year, but shall use the amount of

17 expenditures that would have been required to

18 comply with paragraph (1) during the fiscal

19 year for which the determination is made.

20 ‘‘(3) WAIVER.—

21 ‘‘(A) IN GENERAL.—The Secretary may

22 waive the requirement of paragraph (1) for a

23 local educational agency, for not more than 1

24 year at a time, if the Secretary determines that

25 the failure to comply with such requirement is
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1 due to exceptional or uncontrollable cir2 cumstances, such as a natural disaster or a pre3 cipitous and unforeseen decline in the agency’s

4 financial resources.

5 ‘‘(B) FUTURE DETERMINATIONS.—The Sec6 retary shall not use the reduced amount of the

7 combined fiscal effort for the year for which the

8 waiver is granted to determine compliance with

9 paragraph (1) for any succeeding fiscal year, but

10 shall use the amount of expenditures that would

11 have been required to comply with paragraph (1)

12 in the absence of the waiver during the fiscal

13 year for which the waiver is granted.

14 ‘‘(d) REALLOCATIONS.—The Secretary may reallocate,

15 in a manner that the Secretary determines will best carry

16 out the purpose of this subpart, any amounts that—

17 ‘‘(1) based on estimates made by local edu18 cational agencies or other information, the Secretary

19 determines will not be needed by such agencies to

20 carry out approved programs under this subpart; or

21 ‘‘(2) otherwise become available for reallocation

22 under this subpart.

23 ‘‘SEC. 7119. STATE EDUCATIONAL AGENCY REVIEW.

24 ‘‘Before submitting an application to the Secretary

25 under section 7114, a local educational agency shall submit
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1 the application to the State educational agency, which may

2 comment on the application. If the State educational agen3 cy comments on the application, the agency shall comment

4 on each such application submitted by a local educational

5 agency in the State and shall provide the comment to the

6 appropriate local educational agency, with an opportunity

7 to respond.

8 ‘‘Subpart 2—Special Programs and Projects To Im9 prove Educational Opportunities for Indian Chil10 dren

11 ‘‘SEC. 7121. IMPROVEMENT OF EDUCATIONAL OPPORTUNI12 TIES FOR INDIAN CHILDREN.

13 ‘‘(a) PURPOSE.—

14 ‘‘(1) IN GENERAL.—The purpose of this section is

15 to support projects to develop, test, and demonstrate

16 the effectiveness of services and programs to improve

17 educational opportunities and achievement of Indian

18 children.

19 ‘‘(2) COORDINATION.—The Secretary shall take

20 such actions as are necessary to achieve the coordina21 tion of activities assisted under this subpart with—

22 ‘‘(A) other programs funded under this Act;

23 and
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1 ‘‘(B) other Federal programs operated for

2 the benefit of American Indian and Alaska Na3 tive children.

4 ‘‘(b) ELIGIBLE ENTITIES.—In this section, the term

5 ‘eligible entity’ means a State educational agency, local

6 educational agency, Indian tribe, Indian organization, fed7 erally supported elementary school or secondary school for

8 Indian students, Indian institution (including an Indian

9 institution of higher education) or a consortium of such en10 tities.

11 ‘‘(c) GRANTS AUTHORIZED.—

12 ‘‘(1) IN GENERAL.—The Secretary shall award

13 grants to eligible entities to enable such entities to

14 carry out activities that meet the purpose specified in

15 subsection (a)(1), including—

16 ‘‘(A) innovative programs related to the

17 educational needs of educationally disadvantaged

18 children;

19 ‘‘(B) educational services that are not avail20 able to such children in sufficient quantity or

21 quality, including remedial instruction, to raise

22 the achievement of Indian children in 1 or more

23 of the core academic subjects of English, mathe24 matics, science, foreign languages, art, history,

25 and geography;
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1 ‘‘(C) bilingual and bicultural programs and

2 projects;

3 ‘‘(D) special health and nutrition services,

4 and other related activities, that address the spe5 cial health, social, and psychological problems of

6 Indian children;

7 ‘‘(E) special compensatory and other pro8 grams and projects designed to assist and en9 courage Indian children to enter, remain in, or

10 reenter school, and to increase the rate of sec11 ondary school graduation for Indian children;

12 ‘‘(F) comprehensive guidance, counseling,

13 and testing services;

14 ‘‘(G) early childhood and kindergarten pro15 grams, including family-based preschool pro16 grams that emphasize school readiness and pa17 rental skills, and the provision of services to In18 dian children with disabilities;

19 ‘‘(H) partnership projects between local edu20 cational agencies and institutions of higher edu21 cation that allow secondary school students to

22 enroll in courses at the postsecondary level to aid

23 such students in the transition from secondary

24 school to postsecondary education;
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1 ‘‘(I) partnership projects between schools

2 and local businesses for school-to-work transition

3 programs designed to provide Indian youth with

4 the knowledge and skills the youth need to make

5 an effective transition from school to a first job

6 in a high-skill, high-wage career;

7 ‘‘(J) programs designed to encourage and

8 assist Indian students to work toward, and gain

9 entrance into, an institution of higher education;

10 ‘‘(K) family literacy services; or

11 ‘‘(L) other services that meet the purpose de12 scribed in subsection (a)(1).

13 ‘‘(2) PRE-SERVICE OR IN-SERVICE TRAINING.—

14 Pre-service or in-service training of professional and

15 paraprofessional personnel may be a part of any pro16 gram assisted under this section.

17 ‘‘(d) GRANT REQUIREMENTS AND APPLICATIONS.—

18 ‘‘(1) GRANT REQUIREMENTS.—

19 ‘‘(A) IN GENERAL.—The Secretary may

20 make multiyear grants under subsection (c) for

21 the planning, development, pilot operation, or

22 demonstration of any activity described in sub23 section (c). The Secretary shall make the grants

24 for periods of not more than 5 years.
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1 ‘‘(B) PRIORITY.—In making multiyear

2 grants described in this paragraph, the Secretary

3 shall give priority to entities submitting applica4 tions that present a plan for combining 2 or

5 more of the activities described in subsection (c)

6 over a period of more than 1 year.

7 ‘‘(C) PROGRESS.—The Secretary shall make

8 a payment for a grant described in this para9 graph to an eligible entity after the initial year

10 of the multiyear grant period only if the Sec11 retary determines that the eligible entity has

12 made substantial progress in carrying out the

13 activities assisted under the grant in accordance

14 with the application submitted under paragraph

15 (3) and any subsequent modifications to such

16 application.

17 ‘‘(2) DISSEMINATION GRANTS.—

18 ‘‘(A) IN GENERAL.—In addition to award19 ing the multiyear grants described in paragraph

20 (1), the Secretary may award grants under sub21 section (c) to eligible entities for the dissemina22 tion of exemplary materials or programs assisted

23 under this section.

24 ‘‘(B) DETERMINATION.—The Secretary may

25 award a dissemination grant described in this
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1 paragraph if, prior to awarding the grant, the

2 Secretary determines that the material or pro3 gram to be disseminated—

4 ‘‘(i) has been adequately reviewed;

5 ‘‘(ii) has demonstrated educational

6 merit; and

7 ‘‘(iii) can be replicated.

8 ‘‘(3) APPLICATION.—

9 ‘‘(A) IN GENERAL.—Any eligible entity that

10 desires to receive a grant under this section shall

11 submit an application to the Secretary at such

12 time and in such manner as the Secretary may

13 require.

14 ‘‘(B) CONTENTS.—Each application sub15 mitted to the Secretary under subparagraph (A),

16 other than an application for a dissemination

17 grant under paragraph (2), shall contain—

18 ‘‘(i) a description of how parents of In19 dian children and representatives of Indian

20 tribes have been, and will be, involved in

21 developing and implementing the activities

22 for which assistance is sought;

23 ‘‘(ii) assurances that the applicant will

24 participate, at the request of the Secretary,
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1 in any national evaluation of activities as2 sisted under this section;

3 ‘‘(iii) information demonstrating that

4 the proposed program for the activities is a

5 scientifically based research program, which

6 may include a program that has been modi7 fied to be culturally appropriate for stu8 dents who will be served;

9 ‘‘(iv) a description of how the appli10 cant will incorporate the proposed activities

11 into the ongoing school program involved

12 once the grant period is over; and

13 ‘‘(v) such other assurances and infor14 mation as the Secretary may reasonably re15 quire.

16 ‘‘(e) ADMINISTRATIVE COSTS.—Not more than 5 per17 cent of the funds provided to a grant recipient under this

18 subpart for any fiscal year may be used to pay for adminis19 trative costs.

20 ‘‘SEC. 7122. PROFESSIONAL DEVELOPMENT.

21 ‘‘(a) PURPOSES.—The purposes of this section are—

22 ‘‘(1) to increase the number of qualified Indian

23 individuals in teaching or other education professions

24 that serve Indian people;
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1 ‘‘(2) to provide training to qualified Indian in2 dividuals to enable such individuals to become teach3 ers, administrators, teacher aides, social workers, and

4 ancillary educational personnel; and

5 ‘‘(3) to improve the skills of qualified Indian in6 dividuals who serve in the capacities described in

7 paragraph (2).

8 ‘‘(b) ELIGIBLE ENTITIES.—In this section, the term

9 ‘eligible entity’ means a consortium of—

10 ‘‘(1) a State or local educational agency; and

11 ‘‘(2) an institution of higher education (includ12 ing an Indian institution of higher education) or an

13 Indian tribe or organization.

14 ‘‘(c) PROGRAM AUTHORIZED.—The Secretary is au15 thorized to award grants to eligible entities with applica16 tions approved under subsection (e) to enable such entities

17 to carry out the activities described in subsection (d).

18 ‘‘(d) AUTHORIZED ACTIVITIES.—

19 ‘‘(1) IN GENERAL.—Grant funds made available

20 under subsection (c) shall be used for activities to pro21 vide support and training for Indian individuals in

22 a manner consistent with the purposes of this section.

23 Such activities may include continuing programs,

24 symposia, workshops, conferences, and direct finan25 cial support.
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1 ‘‘(2) SPECIAL RULES.—

2 ‘‘(A) TYPE OF TRAINING.—For education

3 personnel, the training received pursuant to a

4 grant awarded under subsection (c) may be in5 service or pre-service training.

6 ‘‘(B) PROGRAM.—For individuals who are

7 being trained to enter any field other than edu8 cation, the training received pursuant to a grant

9 awarded under subsection (c) shall be in a pro10 gram that results in a graduate degree.

11 ‘‘(e) APPLICATION.—Each eligible entity desiring a

12 grant under subsection (c) shall submit an application to

13 the Secretary at such time, in such manner, and accom14 panied by such information, as the Secretary may reason15 ably require.

16 ‘‘(f) SPECIAL RULE.—In awarding grants under sub17 section (c), the Secretary—

18 ‘‘(1) shall consider the prior performance of an

19 eligible entity; and

20 ‘‘(2) may not limit eligibility to receive a grant

21 under subsection (c) on the basis of—

22 ‘‘(A) the number of previous grants the Sec23 retary has awarded such entity; or

24 ‘‘(B) the length of any period during which

25 such entity received such grants.
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1 ‘‘(g) GRANT PERIOD.—Each grant awarded under sub2 section (c) shall be awarded for a program of activities of

3 not more than 5 years.

4 ‘‘(h) SERVICE OBLIGATION.—

5 ‘‘(1) IN GENERAL.—The Secretary shall require,

6 by regulation, that an individual who receives pre7 service training pursuant to a grant awarded under

8 subsection (c)—

9 ‘‘(A) perform work—

10 ‘‘(i) related to the training received

11 under this section; and

12 ‘‘(ii) that benefits Indian people; or

13 ‘‘(B) repay all or a prorated part of the as14 sistance received for the training.

15 ‘‘(2) REPORTING.—The Secretary shall establish,

16 by regulation, a reporting procedure under which a

17 recipient of the pre-service training shall, not later

18 than 12 months after the date of completion of the

19 training, and periodically thereafter, provide infor20 mation concerning the compliance of such recipient

21 with the work requirement described in paragraph

22 (1).

23 ‘‘(i) INSERVICE TRAINING FOR TEACHERS OF INDIAN

24 CHILDREN.—
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1 ‘‘(1) GRANTS AUTHORIZED.—In addition to the

2 grants authorized by subsection (c), the Secretary

3 may make grants to eligible consortia for the provi4 sion of high quality in-service training. The Secretary

5 may make such a grant to—

6 ‘‘(A) a consortium of a tribal college and an

7 institution of higher education that awards a de8 gree in education; or

9 ‘‘(B) a consortium of—

10 ‘‘(i) a tribal college;

11 ‘‘(ii) an institution of higher education

12 that awards a degree in education; and

13 ‘‘(iii) 1 or more elementary schools or

14 secondary schools operated by the Bureau of

15 Indian Affairs, local educational agencies

16 serving Indian children, or tribal edu17 cational agencies.

18 ‘‘(2) USE OF FUNDS.—

19 ‘‘(A) IN-SERVICE TRAINING.—A consortium

20 that receives a grant under paragraph (1) shall

21 use the grant funds only to provide high quality

22 in-service training to teachers, including teachers

23 who are not Indians, in schools of local edu24 cational agencies with substantial numbers of
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1 Indian children enrolled in their schools, in

2 order to better meet the needs of those children.

3 ‘‘(B) COMPONENTS.—The training described

4 in subparagraph (A) shall include such activities

5 as preparing teachers to use the best available

6 scientifically based research practices and learn7 ing strategies, and to make the most effective use

8 of curricula and materials, to respond to the

9 unique needs of Indian children in their class10 rooms.

11 ‘‘(3) PREFERENCE FOR INDIAN APPLICANTS.—In

12 applying section 7153 to this subsection, the Sec13 retary shall give a preference to any consortium that

14 includes 1 or more of the entities described in that

15 section.

16 ‘‘SEC. 7123. FELLOWSHIPS FOR INDIAN STUDENTS.

17 ‘‘(a) FELLOWSHIPS.—

18 ‘‘(1) AUTHORITY.—The Secretary is authorized

19 to award fellowships to Indian students to enable such

20 students to study in graduate and professional pro21 grams at institutions of higher education.

22 ‘‘(2) REQUIREMENTS.—The fellowships described

23 in paragraph (1) shall be awarded to Indian students

24 to enable such students to pursue a course of study—
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1 ‘‘(A) of not more than 4 academic years;

2 and

3 ‘‘(B) that leads—

4 ‘‘(i) toward a postbaccalaureate degree

5 in medicine, clinical psychology, psy6 chology, law, education, or a related field;

7 or

8 ‘‘(ii) to an undergraduate or graduate

9 degree in engineering, business administra10 tion, natural resources, or a related field.

11 ‘‘(b) STIPENDS.—The Secretary shall pay to Indian

12 students awarded fellowships under subsection (a) such sti13 pends (including allowances for subsistence of such students

14 and dependents of such students) as the Secretary deter15 mines to be consistent with prevailing practices under com16 parable federally supported programs.

17 ‘‘(c) PAYMENTS TO INSTITUTIONS IN LIEU OF TUI18 TION.—The Secretary shall pay to the institution of higher

19 education at which such a fellowship recipient is pursuing

20 a course of study, in lieu of tuition charged to such recipi21 ent, such amounts as the Secretary may determine to be

22 necessary to cover the cost of education provided to such

23 recipient.

24 ‘‘(d) SPECIAL RULES.—
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1 ‘‘(1) IN GENERAL.—If a fellowship awarded

2 under subsection (a) is vacated prior to the end of the

3 period for which the fellowship is awarded, the Sec4 retary may award an additional fellowship for the

5 unexpired portion of the period of the first fellowship.

6 ‘‘(2) WRITTEN NOTICE.—Not later than 45 days

7 before the commencement of an academic term, the

8 Secretary shall provide to each individual who is

9 awarded a fellowship under subsection (a) for such

10 academic term written notice of—

11 ‘‘(A) the amount of the funding for the fel12 lowship; and

13 ‘‘(B) any stipends or other payments that

14 will be made under this section to, or for the ben15 efit of, the individual for the academic term.

16 ‘‘(3) PRIORITY.—Not more than 10 percent of the

17 fellowships awarded under subsection (a) shall be

18 awarded, on a priority basis, to persons receiving

19 training in guidance counseling with a specialty in

20 the area of alcohol and substance abuse counseling

21 and education.

22 ‘‘(e) SERVICE OBLIGATION.—

23 ‘‘(1) IN GENERAL.—The Secretary shall require,

24 by regulation, that an individual who receives finan25 cial assistance under this section—
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1 ‘‘(A) perform work—

2 ‘‘(i) related to the training for which

3 the individual receives the assistance under

4 this section; and

5 ‘‘(ii) that benefits Indian people; or

6 ‘‘(B) repay all or a prorated portion of such

7 assistance.

8 ‘‘(2) REPORTING.—The Secretary shall establish,

9 by regulation, a reporting procedure under which a

10 recipient of assistance under this section shall, not

11 later than 12 months after the date of completion of

12 the training, and periodically thereafter, provide in13 formation concerning the compliance of such recipient

14 with the work requirement described in paragraph

15 (1).

16 ‘‘(f) ADMINISTRATION OF FELLOWSHIPS.—The Sec17 retary may administer the fellowships authorized under

18 this section through a grant to, or contract or cooperative

19 agreement with, an Indian organization with demonstrated

20 qualifications to administer all facets of the program as21 sisted under this section.

22 ‘‘SEC. 7124. GIFTED AND TALENTED INDIAN STUDENTS.

23 ‘‘(a) PROGRAM AUTHORIZED.—The Secretary is au24 thorized to—
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1 ‘‘(1) establish 2 centers for gifted and talented

2 Indian students at tribally controlled community col3 leges in accordance with this section; and

4 ‘‘(2) support demonstration projects described in

5 subsection (c).

6 ‘‘(b) ELIGIBLE ENTITIES.—The Secretary shall make

7 grants, or enter into contracts, for the activities described

8 in subsection (a), to or with—

9 ‘‘(1) 2 tribally controlled community colleges

10 that—

11 ‘‘(A) are eligible for funding under the Trib12 ally Controlled College or University Assistance

13 Act of 1978; and

14 ‘‘(B) are fully accredited; or

15 ‘‘(2) if the Secretary does not receive applica16 tions that the Secretary determines to be approvable

17 from 2 colleges that meet the requirements of para18 graph (1), the American Indian Higher Education

19 Consortium.

20 ‘‘(c) USE OF FUNDS.—

21 ‘‘(1) IN GENERAL.—Funds made available

22 through the grants made, or contracts entered into, by

23 the Secretary under subsection (b) shall be used for—

24 ‘‘(A) the establishment of centers described

25 in subsection (a); and
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1 ‘‘(B) carrying out demonstration projects

2 designed to—

3 ‘‘(i) address the special needs of Indian

4 students in elementary schools and sec5 ondary schools who are gifted and talented;

6 and

7 ‘‘(ii) provide such support services to

8 the families of the students described in

9 clause (i) as are needed to enable such stu10 dents to benefit from the projects.

11 ‘‘(2) SUBCONTRACTS.—Each recipient of a grant

12 or contract under subsection (b) to carry out a dem13 onstration project under subsection (a) may enter into

14 a contract with any other entity, including the Chil15 dren’s Television Workshop, to carry out the dem16 onstration project.

17 ‘‘(3) DEMONSTRATION PROJECTS.—Demonstra18 tion projects assisted under subsection (b) may

19 include—

20 ‘‘(A) the identification of the special needs

21 of gifted and talented Indian students, particu22 larly at the elementary school level, giving atten23 tion to—

24 ‘‘(i) identifying the emotional and psy25 chosocial needs of such students; and
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1 ‘‘(ii) providing such support services to

2 the families of such students as are needed

3 to enable such students to benefit from the

4 project;

5 ‘‘(B) the conduct of educational, psycho6 social, and developmental activities that the Sec7 retary determines hold a reasonable promise of

8 resulting in substantial progress toward meeting

9 the educational needs of such gifted and talented

10 children, including—

11 ‘‘(i) demonstrating and exploring the

12 use of Indian languages and exposure to In13 dian cultural traditions; and

14 ‘‘(ii) carrying out mentoring and ap15 prenticeship programs;

16 ‘‘(C) the provision of technical assistance

17 and the coordination of activities at schools that

18 receive grants under subsection (d) with respect

19 to the activities assisted under such grants, the

20 evaluation of programs assisted under such

21 grants, or the dissemination of such evaluations;

22 ‘‘(D) the use of public television in meeting

23 the special educational needs of such gifted and

24 talented children;
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1 ‘‘(E) leadership programs designed to rep2 licate programs for such children throughout the

3 United States, including disseminating informa4 tion derived from the demonstration projects con5 ducted under subsection (a); and

6 ‘‘(F) appropriate research, evaluation, and

7 related activities pertaining to the needs of such

8 children and to the provision of such support

9 services to the families of such children as are

10 needed to enable such children to benefit from the

11 project.

12 ‘‘(4) APPLICATION.—Each entity desiring a

13 grant or contract under subsection (b) shall submit an

14 application to the Secretary at such time and in such

15 manner as the Secretary may prescribe.

16 ‘‘(d) ADDITIONAL GRANTS.—

17 ‘‘(1) IN GENERAL.—The Secretary, in consulta18 tion with the Secretary of the Interior, shall award

19 5 grants to schools funded by the Bureau of Indian

20 Affairs (referred to individually in this section as a

21 ‘Bureau school’) for program research and develop22 ment and the development and dissemination of cur23 riculum and teacher training material, regarding—

24 ‘‘(A) gifted and talented students;
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1 ‘‘(B) college preparatory studies (including

2 programs for Indian students with an interest in

3 pursuing teaching careers);

4 ‘‘(C) students with special culturally related

5 academic needs, including students with social,

6 lingual, and cultural needs; or

7 ‘‘(D) mathematics and science education.

8 ‘‘(2) APPLICATIONS.—Each Bureau school desir9 ing a grant to conduct 1 or more of the activities de10 scribed in paragraph (1) shall submit an application

11 to the Secretary at such time and in such manner as

12 the Secretary may prescribe.

13 ‘‘(3) SPECIAL RULE.—Each application de14 scribed in paragraph (2) shall be developed, and each

15 grant under this subsection shall be administered,

16 jointly by the supervisor of the Bureau school and the

17 local educational agency serving such school.

18 ‘‘(4) REQUIREMENTS.—In awarding grants

19 under paragraph (1), the Secretary shall achieve a

20 mixture of the programs described in paragraph (1)

21 that ensures that Indian students at all grade levels

22 and in all geographic areas of the United States are

23 able to participate in a program assisted under this

24 subsection.
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1 ‘‘(5) GRANT PERIOD.—Subject to the availability

2 of appropriations, a grant awarded under paragraph

3 (1) shall be awarded for a 3-year period and may be

4 renewed by the Secretary for additional 3-year peri5 ods if the Secretary determines that the performance

6 of the grant recipient has been satisfactory.

7 ‘‘(6) DISSEMINATION.—

8 ‘‘(A) COOPERATIVE EFFORTS.—The dissemi9 nation of any materials developed from activities

10 assisted under paragraph (1) shall be carried out

11 in cooperation with entities that receive funds

12 pursuant to subsection (b).

13 ‘‘(B) REPORT.—The Secretary shall prepare

14 and submit to the Secretary of the Interior and

15 to Congress a report concerning any results from

16 activities described in this subsection.

17 ‘‘(7) EVALUATION COSTS.—

18 ‘‘(A) DIVISION.—The costs of evaluating

19 any activities assisted under paragraph (1) shall

20 be divided between the Bureau schools conducting

21 such activities and the recipients of grants or

22 contracts under subsection (b) who conduct dem23 onstration projects under subsection (a).

24 ‘‘(B) GRANTS AND CONTRACTS.—If no funds

25 are provided under subsection (b) for—
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1 ‘‘(i) the evaluation of activities assisted

2 under paragraph (1);

3 ‘‘(ii) technical assistance and coordina4 tion with respect to such activities; or

5 ‘‘(iii) the dissemination of the evalua6 tions referred to in clause (i),

7 the Secretary shall make such grants, or enter

8 into such contracts, as are necessary to provide

9 for the evaluations, technical assistance, and co10 ordination of such activities, and the dissemina11 tion of the evaluations.

12 ‘‘(e) INFORMATION NETWORK.—The Secretary shall

13 encourage each recipient of a grant or contract under this

14 section to work cooperatively as part of a national network

15 to ensure that the information developed by the grant or

16 contract recipient is readily available to the entire edu17 cational community.

18 ‘‘SEC. 7125. GRANTS TO TRIBES FOR EDUCATION ADMINIS19 TRATIVE PLANNING AND DEVELOPMENT.

20 ‘‘(a) IN GENERAL.—The Secretary may make grants

21 to Indian tribes, and tribal organizations approved by In22 dian tribes, to plan and develop a centralized tribal admin23 istrative entity to—
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1 ‘‘(1) coordinate all education programs operated

2 by the tribe or within the territorial jurisdiction of

3 the tribe;

4 ‘‘(2) develop education codes for schools within

5 the territorial jurisdiction of the tribe;

6 ‘‘(3) provide support services and technical as7 sistance to schools serving children of the tribe; and

8 ‘‘(4) perform child-find screening services for the

9 preschool-aged children of the tribe to—

10 ‘‘(A) ensure placement in appropriate edu11 cational facilities; and

12 ‘‘(B) coordinate the provision of any needed

13 special services for conditions such as disabilities

14 and English language skill deficiencies.

15 ‘‘(b) PERIOD OF GRANT.—Each grant awarded under

16 this section may be awarded for a period of not more than

17 3 years. Such grant may be renewed upon the termination

18 of the initial period of the grant if the grant recipient dem19 onstrates to the satisfaction of the Secretary that renewing

20 the grant for an additional 3-year period is necessary to

21 carry out the objectives of the grant described in subsection

22 (c)(2)(A).

23 ‘‘(c) APPLICATION FOR GRANT.—

24 ‘‘(1) IN GENERAL.—Each Indian tribe and tribal

25 organization desiring a grant under this section shall
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1 submit an application to the Secretary at such time,

2 in such manner, containing such information, and

3 consistent with such criteria, as the Secretary may

4 prescribe in regulations.

5 ‘‘(2) CONTENTS.—Each application described in

6 paragraph (1) shall contain—

7 ‘‘(A) a statement describing the activities to

8 be conducted, and the objectives to be achieved,

9 under the grant; and

10 ‘‘(B) a description of the method to be used

11 for evaluating the effectiveness of the activities

12 for which assistance is sought and for deter13 mining whether such objectives are achieved.

14 ‘‘(3) APPROVAL.—The Secretary may approve an

15 application submitted by a tribe or tribal organiza16 tion pursuant to this section only if the Secretary is

17 satisfied that such application, including any docu18 mentation submitted with the application—

19 ‘‘(A) demonstrates that the applicant has

20 consulted with other education entities, if any,

21 within the territorial jurisdiction of the appli22 cant who will be affected by the activities to be

23 conducted under the grant;

24 ‘‘(B) provides for consultation with such

25 other education entities in the operation and
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1 evaluation of the activities conducted under the

2 grant; and

3 ‘‘(C) demonstrates that there will be ade4 quate resources provided under this section or

5 from other sources to complete the activities for

6 which assistance is sought, except that the avail7 ability of such other resources shall not be a

8 basis for disapproval of such application.

9 ‘‘(d) RESTRICTION.—A tribe may not receive funds

10 under this section if such tribe receives funds under section

11 1144 of the Education Amendments of 1978.

12 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are

13 authorized to be appropriated to the Secretary of Education

14 to carry out this section $3,000,000 for each of fiscal years

15 2002 through 2008.

16 ‘‘Subpart 3—Special Programs Relating to Adult

17 Education for Indians

18 ‘‘SEC. 7131. IMPROVEMENT OF EDUCATIONAL OPPORTUNI19 TIES FOR ADULT INDIANS.

20 ‘‘(a) IN GENERAL.—The Secretary shall make grants

21 to State and local educational agencies and to Indian

22 tribes, institutions, and organizations—

23 ‘‘(1) to support planning, pilot, and demonstra24 tion projects that are designed to test and demonstrate

25 the effectiveness of programs for improving employ-
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1 ment and educational opportunities for adult Indi2 ans;

3 ‘‘(2) to assist in the establishment and operation

4 of programs that are designed to stimulate—

5 ‘‘(A) the provision of basic literacy opportu6 nities for all nonliterate Indian adults; and

7 ‘‘(B) the provision of opportunities to all

8 Indian adults to qualify for a secondary school

9 diploma, or its recognized equivalent, in the

10 shortest period of time feasible;

11 ‘‘(3) to support a major research and develop12 ment program to develop more innovative and effec13 tive techniques for achieving literacy and secondary

14 school equivalency for Indians;

15 ‘‘(4) to provide for basic surveys and evaluations

16 to define accurately the extent of the problems of illit17 eracy and lack of secondary school completion among

18 Indians; and

19 ‘‘(5) to encourage the dissemination of informa20 tion and materials relating to, and the evaluation of,

21 the effectiveness of education programs that may offer

22 educational opportunities to Indian adults.

23 ‘‘(b) EDUCATIONAL SERVICES.—The Secretary may

24 make grants to Indian tribes, institutions, and organiza25 tions to develop and establish educational services and pro-
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1 grams specifically designed to improve educational oppor2 tunities for Indian adults.

3 ‘‘(c) INFORMATION AND EVALUATION.—The Secretary

4 may make grants to, and enter into contracts with, public

5 agencies and institutions and Indian tribes, institutions,

6 and organizations, for—

7 ‘‘(1) the dissemination of information concerning

8 educational programs, services, and resources avail9 able to Indian adults, including evaluations of the

10 programs, services, and resources; and

11 ‘‘(2) the evaluation of federally assisted programs

12 in which Indian adults may participate to determine

13 the effectiveness of the programs in achieving the pur14 poses of the programs with respect to Indian adults.

15 ‘‘(d) APPLICATIONS.—

16 ‘‘(1) IN GENERAL.—Each entity desiring a grant

17 or contract under this section shall submit to the Sec18 retary an application at such time, in such manner,

19 containing such information, and consistent with

20 such criteria, as the Secretary may prescribe in regu21 lations.

22 ‘‘(2) CONTENTS.—Each application described in

23 paragraph (1) shall contain—
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1 ‘‘(A) a statement describing the activities to

2 be conducted and the objectives to be achieved

3 under the grant or contract; and

4 ‘‘(B) a description of the method to be used

5 for evaluating the effectiveness of the activities

6 for which assistance is sought and determining

7 whether the objectives of the grant or contract are

8 achieved.

9 ‘‘(3) APPROVAL.—The Secretary shall not ap10 prove an application described in paragraph (1) un11 less the Secretary determines that such application,

12 including any documentation submitted with the ap13 plication, indicates that—

14 ‘‘(A) there has been adequate participation,

15 by the individuals to be served and the appro16 priate tribal communities, in the planning and

17 development of the activities to be assisted; and

18 ‘‘(B) the individuals and tribal commu19 nities referred to in subparagraph (A) will par20 ticipate in the operation and evaluation of the

21 activities to be assisted.

22 ‘‘(4) PRIORITY.—In approving applications

23 under paragraph (1), the Secretary shall give priority

24 to applications from Indian educational agencies, or25 ganizations, and institutions.
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1 ‘‘(e) ADMINISTRATIVE COSTS.—Not more than 5 per2 cent of the funds made available to an entity through a

3 grant or contract made or entered into under this section

4 for a fiscal year may be used to pay for administrative

5 costs.

6 ‘‘Subpart 4—National Research Activities

7 ‘‘SEC. 7141. NATIONAL ACTIVITIES.

8 ‘‘(a) AUTHORIZED ACTIVITIES.—The Secretary may

9 use funds made available under section 7162(b) for each

10 fiscal year to—

11 ‘‘(1) conduct research related to effective ap12 proaches for the education of Indian children and

13 adults;

14 ‘‘(2) evaluate federally assisted education pro15 grams from which Indian children and adults may

16 benefit;

17 ‘‘(3) collect and analyze data on the educational

18 status and needs of Indians; and

19 ‘‘(4) carry out other activities that are consistent

20 with the purpose of this part.

21 ‘‘(b) ELIGIBILITY.—The Secretary may carry out any

22 of the activities described in subsection (a) directly or

23 through grants to, or contracts or cooperative agreements

24 with, Indian tribes, Indian organizations, State edu25 cational agencies, local educational agencies, institutions of
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1 higher education, including Indian institutions of higher

2 education, and other public and private agencies and insti3 tutions.

4 ‘‘(c) COORDINATION.—Research activities supported

5 under this section—

6 ‘‘(1) shall be carried out in consultation with the

7 Office of Educational Research and Improvement to

8 assure that such activities are coordinated with and

9 enhance the research and development activities sup10 ported by the Office of Educational Research and Im11 provement; and

12 ‘‘(2) may include collaborative research activities

13 that are jointly funded and carried out by the Office

14 of Indian Education and the Office of Educational

15 Research and Improvement.

16 ‘‘(d) ADMINISTRATIVE COSTS.—Not more than 5 per17 cent of the funds made available to an entity through a

18 grant, contract, or agreement made or entered into under

19 this subpart for a fiscal year may be used to pay for admin20 istrative costs.
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1 ‘‘Subpart 5—Federal Administration

2 ‘‘SEC. 7151. NATIONAL ADVISORY COUNCIL ON INDIAN EDU3 CATION.

4 ‘‘(a) MEMBERSHIP.—There is established a National

5 Advisory Council on Indian Education (referred to in this

6 section as the ‘Council’), which shall—

7 ‘‘(1) consist of 15 Indian members, who shall be

8 appointed by the President from lists of nominees fur9 nished, from time to time, by Indian tribes and In10 dian organizations; and

11 ‘‘(2) represent different geographic areas of the

12 United States.

13 ‘‘(b) DUTIES.—The Council shall—

14 ‘‘(1) advise the Secretary concerning the funding

15 and administration (including the development of

16 regulations and administrative policies and practices)

17 of any program, including any program established

18 under this part—

19 ‘‘(A) with respect to which the Secretary has

20 jurisdiction; and

21 ‘‘(B)(i) that includes Indian children or

22 adults as participants; or

23 ‘‘(ii) that may benefit Indian children or

24 adults;
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1 ‘‘(2) make recommendations to the Secretary for

2 filling the position of Director of Indian Education

3 whenever a vacancy occurs; and

4 ‘‘(3) prepare and submit to Congress, not later

5 than June 30 of each year, a report on the activities

6 of the Council, including—

7 ‘‘(A) any recommendations that the Council

8 considers to be appropriate for the improvement

9 of Federal education programs that include In10 dian children or adults as participants, or that

11 may benefit Indian children or adults; and

12 ‘‘(B) recommendations concerning the fund13 ing of any program described in subparagraph

14 (A).

15 ‘‘SEC. 7152. PEER REVIEW.

16 ‘‘The Secretary may use a peer review process to re17 view applications submitted to the Secretary under subpart

18 2, 3, or 4.

19 ‘‘SEC. 7153. PREFERENCE FOR INDIAN APPLICANTS.

20 ‘‘In making grants and entering into contracts or co21 operative agreements under subpart 2, 3, or 4, the Secretary

22 shall give a preference to Indian tribes, organizations, and

23 institutions of higher education under any program with

24 respect to which Indian tribes, organizations, and institu-
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1 tions are eligible to apply for grants, contracts, or coopera2 tive agreements.

3 ‘‘SEC. 7154. MINIMUM GRANT CRITERIA.

4 ‘‘The Secretary may not approve an application for

5 a grant, contract, or cooperative agreement under subpart

6 2 or 3 unless the application is for a grant, contract, or

7 cooperative agreement that is—

8 ‘‘(1) of sufficient size, scope, and quality to

9 achieve the purpose or objectives of such grant, con10 tract, or cooperative agreement; and

11 ‘‘(2) based on relevant research findings.

12 ‘‘Subpart 6—Definitions; Authorizations of

13 Appropriations

14 ‘‘SEC. 7161. DEFINITIONS.

15 ‘‘In this part:

16 ‘‘(1) ADULT.—The term ‘adult’ means an indi17 vidual who—

18 ‘‘(A) has attained age 16; or

19 ‘‘(B) has attained an age that is greater

20 than the age of compulsory school attendance

21 under an applicable State law.

22 ‘‘(2) FREE PUBLIC EDUCATION.—The term ‘free

23 public education’ means education that is—
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1 ‘‘(A) provided at public expense, under pub2 lic supervision and direction, and without tui3 tion charge; and

4 ‘‘(B) provided as elementary or secondary

5 education in the applicable State or to preschool

6 children.

7 ‘‘(3) INDIAN.—The term ‘Indian’ means an indi8 vidual who is—

9 ‘‘(A) a member of an Indian tribe or band,

10 as membership is defined by the tribe or band,

11 including—

12 ‘‘(i) any tribe or band terminated since

13 1940; and

14 ‘‘(ii) any tribe or band recognized by

15 the State in which the tribe or band resides;

16 ‘‘(B) a descendant, in the first or second de17 gree, of an individual described in subparagraph

18 (A);

19 ‘‘(C) an individual who is considered by the

20 Secretary of the Interior to be an Indian for any

21 purpose;

22 ‘‘(D) an Eskimo, Aleut, or other Alaska Na23 tive (as defined in section 7306); or

24 ‘‘(E) a member of an organized Indian

25 group that received a grant under the Indian
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1 Education Act of 1988 as in effect the day pre2 ceding the date of enactment of the ‘Improving

3 America’s Schools Act of 1994’ (108 Stat. 3518).

4 ‘‘SEC. 7162. AUTHORIZATIONS OF APPROPRIATIONS.

5 ‘‘(a) SUBPART 1.—There are authorized to be appro6 priated to the Secretary of Education to carry out subpart

7 1 $93,000,000 for fiscal year 2002 and such sums as may

8 be necessary for each of the 6 succeeding fiscal years.

9 ‘‘(b) SUBPARTS 2 THROUGH 4.—There are authorized

10 to be appropriated to the Secretary of Education to carry

11 out subparts 2, 3, and 4 $20,000,000 for fiscal year 2002

12 and such sums as may be necessary for each of the 6 suc13 ceeding fiscal years.

14 ‘‘PART B—NATIVE HAWAIIAN EDUCATION

15 ‘‘SEC. 7201. SHORT TITLE.

16 ‘‘This part may be cited as the ‘Native Hawaiian Edu17 cation Act’.

18 ‘‘SEC. 7202. FINDINGS.

19 ‘‘Congress finds the following:

20 ‘‘(1) Native Hawaiians are a distinct and

21 unique indigenous people with a historical continuity

22 to the original inhabitants of the Hawaiian archi23 pelago, whose society was organized as a nation and

24 internationally recognized as a nation by the United

25 States, Britain, France, and Japan, as evidenced by
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1 treaties governing friendship, commerce, and naviga2 tion.

3 ‘‘(2) At the time of the arrival of the first non4 indigenous people in Hawai‘i in 1778, the Native

5 Hawaiian people lived in a highly organized, self-suf6 ficient subsistence social system based on a communal

7 land tenure system with a sophisticated language,

8 culture, and religion.

9 ‘‘(3) A unified monarchal government of the Ha10 waiian Islands was established in 1810 under Kame11 hameha I, the first King of Hawai‘i.

12 ‘‘(4) From 1826 until 1893, the United States

13 recognized the sovereignty and independence of the

14 Kingdom of Hawai‘i, which was established in 1810

15 under Kamehameha I, extended full and complete

16 diplomatic recognition to the Kingdom of Hawai‘i,

17 and entered into treaties and conventions with the

18 Kingdom of Hawai‘i to govern friendship, commerce

19 and navigation in 1826, 1842, 1849, 1875, and 1887.

20 ‘‘(5) In 1893, the sovereign, independent, inter21 nationally recognized, and indigenous government of

22 Hawai‘i, the Kingdom of Hawai‘i, was overthrown by

23 a small group of non-Hawaiians, including United

24 States citizens, who were assisted in their efforts by

25 the United States Minister, a United States naval
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1 representative, and armed naval forces of the United

2 States. Because of the participation of United States

3 agents and citizens in the overthrow of the Kingdom

4 of Hawai‘i, in 1993 the United States apologized to

5 Native Hawaiians for the overthrow and the depriva6 tion of the rights of Native Hawaiians to self-deter7 mination through Public Law 103–150 (107 Stat.

8 1510).

9 ‘‘(6) In 1898, the joint resolution entitled ‘Joint

10 Resolution to provide for annexing the Hawaiian Is11 lands to the United States’, approved July 7, 1898

12 (30 Stat. 750), ceded absolute title of all lands held

13 by the Republic of Hawai‘i, including the government

14 and crown lands of the former Kingdom of Hawai‘i,

15 to the United States, but mandated that revenue gen16 erated from the lands be used ‘solely for the benefit of

17 the inhabitants of the Hawaiian Islands for edu18 cational and other public purposes’.

19 ‘‘(7) By 1919, the Native Hawaiian population

20 had declined from an estimated 1,000,000 in 1778 to

21 an alarming 22,600, and in recognition of this severe

22 decline, Congress enacted the Hawaiian Homes Com23 mission Act, 1920 (42 Stat. 108), which designated

24 approximately 200,000 acres of ceded public lands for

25 homesteading by Native Hawaiians.
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1 ‘‘(8) Through the enactment of the Hawaiian

2 Homes Commission Act, 1920, Congress affirmed the

3 special relationship between the United States and the

4 Native Hawaiians, which was described by then Sec5 retary of the Interior Franklin K. Lane, who said:

6 ‘One thing that impressed me . . . was the fact that

7 the natives of the island who are our wards, I should

8 say, and for whom in a sense we are trustees, are fall9 ing off rapidly in numbers and many of them are in

10 poverty.’.

11 ‘‘(9) In 1938, Congress again acknowledged the

12 unique status of the Hawaiian people by including in

13 the Act of June 20, 1938 (52 Stat. 781, chapter 530;

14 16 U.S.C. 391b, 391b–1, 392b, 392c, 396, 396a), a

15 provision to lease lands within the National Parks ex16 tension to Native Hawaiians and to permit fishing in

17 the area ‘only by native Hawaiian residents of said

18 area or of adjacent villages and by visitors under

19 their guidance.’.

20 ‘‘(10) Under the Act entitled ‘An Act to provide

21 for the admission of the State of Hawai‘i into the

22 Union’, approved March 18, 1959 (73 Stat. 4), the

23 United States transferred responsibility for the ad24 ministration of the Hawaiian Home Lands to the

25 State of Hawai‘i but reaffirmed the trust relationship
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1 between the United States and the Hawaiian people

2 by retaining the exclusive power to enforce the trust,

3 including the power to approve land exchanges and

4 amendments to such Act affecting the rights of bene5 ficiaries under such Act.

6 ‘‘(11) In 1959, under the Act entitled ‘An Act to

7 provide for the admission of the State of Hawai‘i into

8 the Union’, the United States also ceded to the State

9 of Hawai‘i title to the public lands formerly held by

10 the United States, but mandated that such lands be

11 held by the State ‘in public trust’ and reaffirmed the

12 special relationship that existed between the United

13 States and the Hawaiian people by retaining the

14 legal responsibility to enforce the public trust respon15 sibility of the State of Hawai‘i for the betterment of

16 the conditions of Native Hawaiians, as defined in sec17 tion 201(a) of the Hawaiian Homes Commission Act,

18 1920.

19 ‘‘(12) The United States has recognized and re20 affirmed that—

21 ‘‘(A) Native Hawaiians have a cultural,

22 historic, and land-based link to the indigenous

23 people who exercised sovereignty over the Hawai24 ian Islands, and that group has never relin-
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1 quished its claims to sovereignty or its sovereign

2 lands;

3 ‘‘(B) Congress does not extend services to

4 Native Hawaiians because of their race, but be5 cause of their unique status as the indigenous

6 people of a once sovereign nation as to whom the

7 United States has established a trust relation8 ship;

9 ‘‘(C) Congress has also delegated broad au10 thority to administer a portion of the Federal

11 trust responsibility to the State of Hawai‘i;

12 ‘‘(D) the political status of Native Hawai13 ians is comparable to that of American Indians

14 and Alaska Natives; and

15 ‘‘(E) the aboriginal, indigenous people of

16 the United States have—

17 ‘‘(i) a continuing right to autonomy in

18 their internal affairs; and

19 ‘‘(ii) an ongoing right of self-deter20 mination and self-governance that has never

21 been extinguished.

22 ‘‘(13) The political relationship between the

23 United States and the Native Hawaiian people has

24 been recognized and reaffirmed by the United States,
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1 as evidenced by the inclusion of Native Hawaiians

2 in—

3 ‘‘(A) the Native American Programs Act of

4 1974 (42 U.S.C. 2991 et seq.);

5 ‘‘(B) the American Indian Religious Free6 dom Act (42 U.S.C. 1996);

7 ‘‘(C) the National Museum of the American

8 Indian Act (20 U.S.C. 80q et seq.);

9 ‘‘(D) the Native American Graves Protec10 tion and Repatriation Act (25 U.S.C. 3001 et

11 seq.);

12 ‘‘(E) the National Historic Preservation Act

13 (16 U.S.C. 470 et seq.);

14 ‘‘(F) the Native American Languages Act

15 (25 U.S.C. 2901 et seq.);

16 ‘‘(G) the American Indian, Alaska Native,

17 and Native Hawaiian Culture and Art Develop18 ment Act (20 U.S.C. 4401 et seq.);

19 ‘‘(H) the Workforce Investment Act of 1998

20 (29 U.S.C. 2801 et seq.); and

21 ‘‘(I) the Older Americans Act of 1965 (42

22 U.S.C. 3001 et seq.).

23 ‘‘(14) In 1981, Congress instructed the Office of

24 Education to submit to Congress a comprehensive re25 port on Native Hawaiian education. The report, enti-
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1 tled the ‘Native Hawaiian Educational Assessment

2 Project’, was released in 1983 and documented that

3 Native Hawaiians scored below parity with regard to

4 national norms on standardized achievement tests,

5 were disproportionately represented in many negative

6 social and physical statistics indicative of special

7 educational needs, and had educational needs that

8 were related to their unique cultural situation, such

9 as different learning styles and low self-image.

10 ‘‘(15) In recognition of the educational needs of

11 Native Hawaiians, in 1988, Congress enacted title IV

12 of the Augustus F. Hawkins-Robert T. Stafford Ele13 mentary and Secondary School Improvement Amend14 ments of 1988 (102 Stat. 130) to authorize and de15 velop supplemental educational programs to address

16 the unique conditions of Native Hawaiians.

17 ‘‘(16) In 1993, the Kamehameha Schools Bishop

18 Estate released a 10-year update of findings of the

19 Native Hawaiian Educational Assessment Project,

20 which found that despite the successes of the programs

21 established under title IV of the Augustus F. Haw22 kins-Robert T. Stafford Elementary and Secondary

23 School Improvement Amendments of 1988, many of

24 the same educational needs still existed for Native

25 Hawaiians. Subsequent reports by the Kamehameha
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1 Schools Bishop Estate and other organizations have

2 generally confirmed those findings. For example—

3 ‘‘(A) educational risk factors continue to

4 start even before birth for many Native Hawai5 ian children, including—

6 ‘‘(i) late or no prenatal care;

7 ‘‘(ii) high rates of births by Native Ha8 waiian women who are unmarried; and

9 ‘‘(iii) high rates of births to teenage

10 parents;

11 ‘‘(B) Native Hawaiian students continue to

12 begin their school experience lagging behind other

13 students in terms of readiness factors such as vo14 cabulary test scores;

15 ‘‘(C) Native Hawaiian students continue to

16 score below national norms on standardized edu17 cation achievement tests at all grade levels;

18 ‘‘(D) both public and private schools con19 tinue to show a pattern of lower percentages of

20 Native Hawaiian students in the uppermost

21 achievement levels and in gifted and talented

22 programs;

23 ‘‘(E) Native Hawaiian students continue to

24 be overrepresented among students qualifying for

25 special education programs provided to students
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1 with learning disabilities, mild mental retarda2 tion, emotional impairment, and other such dis3 abilities;

4 ‘‘(F) Native Hawaiians continue to be

5 underrepresented in institutions of higher edu6 cation and among adults who have completed 4

7 or more years of college;

8 ‘‘(G) Native Hawaiians continue to be dis9 proportionately represented in many negative so10 cial and physical statistics indicative of special

11 educational needs, as demonstrated by the fact

12 that—

13 ‘‘(i) Native Hawaiian students are

14 more likely to be retained in grade level and

15 to be excessively absent in secondary school;

16 ‘‘(ii) Native Hawaiian students have

17 the highest rates of drug and alcohol use in

18 the State of Hawai‘i; and

19 ‘‘(iii) Native Hawaiian children con20 tinue to be disproportionately victimized by

21 child abuse and neglect; and

22 ‘‘(H) Native Hawaiians now comprise over

23 23 percent of the students served by the State of

24 Hawai‘i Department of Education, and there are

25 and will continue to be geographically rural, iso-
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1 lated areas with a high Native Hawaiian popu2 lation density.

3 ‘‘(17) In the 1998 National Assessment of Edu4 cational Progress, Hawaiian fourth-graders ranked

5 39th among groups of students from 39 States in

6 reading. Given that Hawaiian students rank among

7 the lowest groups of students nationally in reading,

8 and that Native Hawaiian students rank the lowest

9 among Hawaiian students in reading, it is impera10 tive that greater focus be placed on beginning reading

11 and early education and literacy in Hawai‘i.

12 ‘‘(18) The findings described in paragraphs (16)

13 and (17) are inconsistent with the high rates of lit14 eracy and integration of traditional culture and

15 Western education historically achieved by Native

16 Hawaiians through a Hawaiian language-based pub17 lic school system established in 1840 by Kamehameha

18 III.

19 ‘‘(19) Following the overthrow of the Kingdom of

20 Hawai‘i in 1893, Hawaiian medium schools were

21 banned. After annexation, throughout the territorial

22 and statehood period of Hawai‘i, and until 1986, use

23 of the Hawaiian language as an instructional me24 dium in education in public schools was declared un25 lawful. The declaration caused incalculable harm to a
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1 culture that placed a very high value on the power of

2 language, as exemplified in the traditional saying: ‘I

3 ka ‘o ̄lelo no ̄ ke ola; I ka ‘o ̄lelo no ̄ ka make. In the lan4 guage rests life; In the language rests death.’.

5 ‘‘(20) Despite the consequences of over 100 years

6 of nonindigenous influence, the Native Hawaiian peo7 ple are determined to preserve, develop, and transmit

8 to future generations their ancestral territory and

9 their cultural identity in accordance with their own

10 spiritual and traditional beliefs, customs, practices,

11 language, and social institutions.

12 ‘‘(21) The State of Hawai‘i, in the constitution

13 and statutes of the State of Hawai‘i—

14 ‘‘(A) reaffirms and protects the unique right

15 of the Native Hawaiian people to practice and

16 perpetuate their culture and religious customs,

17 beliefs, practices, and language;

18 ‘‘(B) recognizes the traditional language of

19 the Native Hawaiian people as an official lan20 guage of the State of Hawai‘i, which may be

21 used as the language of instruction for all sub22 jects and grades in the public school system; and

23 ‘‘(C) promotes the study of the Hawaiian

24 culture, language, and history by providing a

25 Hawaiian education program and using commu-
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1 nity expertise as a suitable and essential means

2 to further the program.

3 ‘‘SEC. 7203. PURPOSES.

4 ‘‘The purposes of this part are to—

5 ‘‘(1) authorize and develop innovative edu6 cational programs to assist Native Hawaiians;

7 ‘‘(2) provide direction and guidance to appro8 priate Federal, State, and local agencies to focus re9 sources, including resources made available under this

10 part, on Native Hawaiian education, and to provide

11 periodic assessment and data collection;

12 ‘‘(3) supplement and expand programs and au13 thorities in the area of education to further the pur14 poses of this title; and

15 ‘‘(4) encourage the maximum participation of

16 Native Hawaiians in planning and management of

17 Native Hawaiian education programs.

18 ‘‘SEC. 7204. NATIVE HAWAIIAN EDUCATION COUNCIL AND

19 ISLAND COUNCILS.

20 ‘‘(a) ESTABLISHMENT OF NATIVE HAWAIIAN EDU21 CATION COUNCIL.—In order to better effectuate the purposes

22 of this part through the coordination of educational and

23 related services and programs available to Native Hawai24 ians, including those programs receiving funding under this

25 part, the Secretary is authorized to establish a Native Ha-
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1 waiian Education Council (referred to in this part as the

2 ‘Education Council’).

3 ‘‘(b) COMPOSITION OF EDUCATION COUNCIL.—The

4 Education Council shall consist of not more than 21 mem5 bers, unless otherwise determined by a majority of the coun6 cil.

7 ‘‘(c) CONDITIONS AND TERMS.—

8 ‘‘(1) CONDITIONS.—At least 10 members of the

9 Education Council shall be Native Hawaiian edu10 cation service providers and 10 members of the Edu11 cation Council shall be Native Hawaiians or Native

12 Hawaiian education consumers. In addition, a rep13 resentative of the State of Hawai‘i Office of Hawai14 ian Affairs shall serve as a member of the Education

15 Council.

16 ‘‘(2) APPOINTMENTS.—The members of the Edu17 cation Council shall be appointed by the Secretary

18 based on recommendations received from the Native

19 Hawaiian community.

20 ‘‘(3) TERMS.—Members of the Education Council

21 shall serve for staggered terms of 3 years, except as

22 provided in paragraph (4).

23 ‘‘(4) COUNCIL DETERMINATIONS.—Additional

24 conditions and terms relating to membership on the

25 Education Council, including term lengths and term
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1 renewals, shall be determined by a majority of the

2 Education Council.

3 ‘‘(d) NATIVE HAWAIIAN EDUCATION COUNCIL

4 GRANT.—The Secretary shall make a direct grant to the

5 Education Council in order to enable the Education Coun6 cil to—

7 ‘‘(1) coordinate the educational and related serv8 ices and programs available to Native Hawaiians, in9 cluding the programs assisted under this part;

10 ‘‘(2) assess the extent to which such services and

11 programs meet the needs of Native Hawaiians, and

12 collect data on the status of Native Hawaiian edu13 cation;

14 ‘‘(3) provide direction and guidance, through the

15 issuance of reports and recommendations, to appro16 priate Federal, State, and local agencies in order to

17 focus and improve the use of resources, including re18 sources made available under this part, relating to

19 Native Hawaiian education, and serve, where appro20 priate, in an advisory capacity; and

21 ‘‘(4) make direct grants, if such grants enable the

22 Education Council to carry out the duties of the Edu23 cation Council, as described in paragraphs (1)

24 through (3).
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1 ‘‘(e) ADDITIONAL DUTIES OF THE EDUCATION COUN2 CIL.—

3 ‘‘(1) IN GENERAL.—The Education Council shall

4 provide copies of any reports and recommendations

5 issued by the Education Council, including any infor6 mation that the Education Council provides to the

7 Secretary pursuant to subsection (i), to the Secretary,

8 the Committee on Education and the Workforce of the

9 House of Representatives, and the Committee on In10 dian Affairs of the Senate.

11 ‘‘(2) ANNUAL REPORT.—The Education Council

12 shall prepare and submit to the Secretary an annual

13 report on the Education Council’s activities.

14 ‘‘(3) ISLAND COUNCIL SUPPORT AND ASSIST15 ANCE.—The Education Council shall provide such ad16 ministrative support and financial assistance to the

17 island councils established pursuant to subsection (f)

18 as the Secretary determines to be appropriate, in a

19 manner that supports the distinct needs of each island

20 council.

21 ‘‘(f) ESTABLISHMENT OF ISLAND COUNCILS.—

22 ‘‘(1) IN GENERAL.—In order to better effectuate

23 the purposes of this part and to ensure the adequate

24 representation of island and community interests

25 within the Education Council, the Secretary is au-
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1 thorized to facilitate the establishment of Native Ha2 waiian education island councils (referred to individ3 ually in this part as an ‘island council’) for the fol4 lowing islands:

5 ‘‘(A) Hawai‘i.

6 ‘‘(B) Maui.

7 ‘‘(C) Moloka‘i.

8 ‘‘(D) Lana‘i.

9 ‘‘(E) O‘ahu.

10 ‘‘(F) Kaua‘i.

11 ‘‘(G) Ni‘ihau.

12 ‘‘(2) COMPOSITION OF ISLAND COUNCILS.—Each

13 island council shall consist of parents, students, and

14 other community members who have an interest in

15 the education of Native Hawaiians, and shall be rep16 resentative of individuals concerned with the edu17 cational needs of all age groups, from children in preschool through adults. At least 3 18 ⁄4 of the members of

19 each island council shall be Native Hawaiians.

20 ‘‘(g) ADMINISTRATIVE PROVISIONS RELATING TO EDU21 CATION COUNCIL AND ISLAND COUNCILS.—The Education

22 Council and each island council shall meet at the call of

23 the chairperson of the appropriate council, or upon the re24 quest of the majority of the members of the appropriate

25 council, but in any event not less often than 4 times during
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1 each calendar year. The provisions of the Federal Advisory

2 Committee Act shall not apply to the Education Council

3 and each island council.

4 ‘‘(h) COMPENSATION.—Members of the Education

5 Council and each island council shall not receive any com6 pensation for service on the Education Council and each

7 island council, respectively.

8 ‘‘(i) REPORT.—Not later than 4 years after the date

9 of enactment of the Better Education for Students and

10 Teachers Act, the Secretary shall prepare and submit to the

11 Committee on Education and the Workforce of the House

12 of Representatives and the Committee on Indian Affairs of

13 the Senate a report that summarizes the annual reports of

14 the Education Council, describes the allocation and use of

15 funds under this part, and contains recommendations for

16 changes in Federal, State, and local policy to advance the

17 purposes of this part.

18 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There are

19 authorized to be appropriated to carry out this section

20 $300,000 for fiscal year 2002 and such sums as may be

21 necessary for each of the 6 succeeding fiscal years. Funds

22 appropriated under this subsection shall remain available

23 until expended.

24 ‘‘SEC. 7205. PROGRAM AUTHORIZED.

25 ‘‘(a) GENERAL AUTHORITY.—
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1 ‘‘(1) GRANTS AND CONTRACTS.—The Secretary is

2 authorized to make direct grants to, or enter into con3 tracts with—

4 ‘‘(A) Native Hawaiian educational organi5 zations;

6 ‘‘(B) Native Hawaiian community-based

7 organizations;

8 ‘‘(C) public and private nonprofit organiza9 tions, agencies, and institutions with experience

10 in developing or operating Native Hawaiian

11 programs or programs of instruction in the Na12 tive Hawaiian language; and

13 ‘‘(D) consortia of the organizations, agen14 cies, and institutions described in subparagraphs

15 (A) through (C),

16 to carry out programs that meet the purposes of this

17 part.

18 ‘‘(2) PRIORITIES.—In awarding grants or con19 tracts to carry out activities described in paragraph

20 (3), the Secretary shall give priority to entities pro21 posing projects that are designed to address—

22 ‘‘(A) beginning reading and literacy among

23 students in kindergarten through third grade;

24 ‘‘(B) the needs of at-risk children and

25 youth;
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1 ‘‘(C) needs in fields or disciplines in which

2 Native Hawaiians are underemployed; and

3 ‘‘(D) the use of the Hawaiian language in

4 instruction.

5 ‘‘(3) AUTHORIZED ACTIVITIES.—Activities pro6 vided through programs carried out under this part

7 may include—

8 ‘‘(A) the development and maintenance of a

9 statewide Native Hawaiian early education and

10 care system to provide a continuum of services

11 for Native Hawaiian children from the prenatal

12 period of the children through age 5;

13 ‘‘(B) the operation of family-based edu14 cation centers that provide such services as—

15 ‘‘(i) programs for Native Hawaiian

16 parents and their infants from the prenatal

17 period of the infants through age 3;

18 ‘‘(ii) preschool programs for Native

19 Hawaiians; and

20 ‘‘(iii) research on, and development

21 and assessment of, family-based, early child22 hood, and preschool programs for Native

23 Hawaiians;

24 ‘‘(C) activities that enhance beginning read25 ing and literacy in either the Hawaiian or the
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1 English language among Native Hawaiian stu2 dents in kindergarten through third grade and

3 assistance in addressing the distinct features of

4 combined English and Hawaiian literacy for

5 Hawaiian speakers in fifth and sixth grade;

6 ‘‘(D) activities to meet the special needs of

7 Native Hawaiian students with disabilities,

8 including—

9 ‘‘(i) the identification of such students

10 and their needs;

11 ‘‘(ii) the provision of support services

12 to the families of those students; and

13 ‘‘(iii) other activities consistent with

14 the requirements of the Individuals with

15 Disabilities Education Act;

16 ‘‘(E) activities that address the special

17 needs of Native Hawaiian students who are gift18 ed and talented, including—

19 ‘‘(i) educational, psychological, and de20 velopmental activities designed to assist in

21 the educational progress of those students;

22 and

23 ‘‘(ii) activities that involve the parents

24 of those students in a manner designed to

25 assist in the students’ educational progress;
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1 ‘‘(F) the development of academic and voca2 tional curricula to address the needs of Native

3 Hawaiian children and adults, including cur4 riculum materials in the Hawaiian language

5 and mathematics and science curricula that in6 corporate Native Hawaiian tradition and cul7 ture;

8 ‘‘(G) professional development activities for

9 educators, including—

10 ‘‘(i) the development of programs to

11 prepare prospective teachers to address the

12 unique needs of Native Hawaiian students

13 within the context of Native Hawaiian cul14 ture, language, and traditions;

15 ‘‘(ii) in-service programs to improve

16 the ability of teachers who teach in schools

17 with concentrations of Native Hawaiian

18 students to meet those students’ unique

19 needs; and

20 ‘‘(iii) the recruitment and preparation

21 of Native Hawaiians, and other individuals

22 who live in communities with a high con23 centration of Native Hawaiians, to become

24 teachers;
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1 ‘‘(H) the operation of community-based

2 learning centers that address the needs of Native

3 Hawaiian families and communities through the

4 coordination of public and private programs and

5 services, including—

6 ‘‘(i) preschool programs;

7 ‘‘(ii) after-school programs; and

8 ‘‘(iii) vocational and adult education

9 programs;

10 ‘‘(I) activities to enable Native Hawaiians

11 to enter and complete programs of postsecondary

12 education, including—

13 ‘‘(i) provision of full or partial schol14 arships for undergraduate or graduate

15 study that are awarded to students based on

16 their academic promise and financial need,

17 with a priority, at the graduate level, given

18 to students entering professions in which

19 Native Hawaiians are underrepresented;

20 ‘‘(ii) family literacy services;

21 ‘‘(iii) counseling and support services

22 for students receiving scholarship assistance;

23 ‘‘(iv) counseling and guidance for Na24 tive Hawaiian secondary students who have

25 the potential to receive scholarships; and
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1 ‘‘(v) faculty development activities de2 signed to promote the matriculation of Na3 tive Hawaiian students;

4 ‘‘(J) research and data collection activities

5 to determine the educational status and needs of

6 Native Hawaiian children and adults;

7 ‘‘(K) other research and evaluation activi8 ties related to programs carried out under this

9 part;

10 ‘‘(L) construction, renovation, and mod11 ernization of any elementary school, secondary

12 school, or structure related to an elementary

13 school or secondary school, run by the Depart14 ment of Education of the State of Hawaii, that

15 serves a predominantly Native Hawaiian stu16 dent body; and

17 ‘‘(M) other activities, consistent with the

18 purposes of this part, to meet the educational

19 needs of Native Hawaiian children and adults.

20 ‘‘(4) SPECIAL RULE AND CONDITIONS.—

21 ‘‘(A) INSTITUTIONS OUTSIDE HAWAII.—The

22 Secretary shall not establish a policy under this

23 section that prevents a Native Hawaiian student

24 enrolled at a 2- or 4-year degree granting insti25 tution of higher education outside of the State of
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1 Hawai‘i from receiving a scholarship pursuant

2 to paragraph (3)(I).

3 ‘‘(B) SCHOLARSHIP CONDITIONS.—The Sec4 retary shall establish conditions for receipt of a

5 scholarship awarded under paragraph (3)(I).

6 The conditions shall require that an individual

7 seeking such a scholarship enter into a contract

8 to provide professional services, either during the

9 scholarship period or upon completion of a pro10 gram of postsecondary education, to the Native

11 Hawaiian community.

12 ‘‘(b) ADMINISTRATIVE COSTS.—Not more than 5 per13 cent of funds provided to a grant recipient under this sec14 tion for any fiscal year may be used for administrative pur15 poses.

16 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are

17 authorized to be appropriated to carry out this section

18 $35,000,000 for fiscal year 2002 and such sums as may be

19 necessary for each of the 6 succeeding fiscal years. Funds

20 appropriated under this subsection shall remain available

21 until expended.

22 ‘‘SEC. 7206. ADMINISTRATIVE PROVISIONS.

23 ‘‘(a) APPLICATION REQUIRED.—No grant may be

24 made under this part, and no contract may be entered into

25 under this part, unless the entity seeking the grant or con-
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1 tract submits an application to the Secretary at such time,

2 in such manner, and containing such information as the

3 Secretary may determine to be necessary to carry out the

4 provisions of this part.

5 ‘‘(b) SPECIAL RULE.—Each applicant for a grant or

6 contract under this part shall submit the application for

7 comment to the local educational agency serving students

8 who will participate in the program to be carried out under

9 the grant or contract, and include those comments, if any,

10 with the application to the Secretary.

11 ‘‘SEC. 7207. DEFINITIONS.

12 ‘‘In this part:

13 ‘‘(1) NATIVE HAWAIIAN.—The term ‘Native Ha14 waiian’ means any individual who is—

15 ‘‘(A) a citizen of the United States; and

16 ‘‘(B) a descendant of the aboriginal people

17 who, prior to 1778, occupied and exercised sov18 ereignty in the area that now comprises the

19 State of Hawai‘i, as evidenced by—

20 ‘‘(i) genealogical records;

21 ‘‘(ii) Kupuna (elders) or Kama‘aina

22 (long-term community residents)

23 verification; or

24 ‘‘(iii) certified birth records.
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1 ‘‘(2) NATIVE HAWAIIAN COMMUNITY-BASED ORGA2 NIZATION.—The term ‘Native Hawaiian community3 based organization’ means any organization that is

4 composed primarily of Native Hawaiians from a spe5 cific community and that assists in the social, cul6 tural, and educational development of Native Hawai7 ians in that community.

8 ‘‘(3) NATIVE HAWAIIAN EDUCATIONAL ORGANIZA9 TION.—The term ‘Native Hawaiian educational orga10 nization’ means a private nonprofit organization

11 that—

12 ‘‘(A) serves the interests of Native Hawai13 ians;

14 ‘‘(B) has Native Hawaiians in substantive

15 and policymaking positions within the organiza16 tion;

17 ‘‘(C) incorporates Native Hawaiian per18 spective, values, language, culture, and tradi19 tions into the core function of the organization;

20 ‘‘(D) has demonstrated expertise in the edu21 cation of Native Hawaiian youth; and

22 ‘‘(E) has demonstrated expertise in research

23 and program development.

24 ‘‘(4) NATIVE HAWAIIAN LANGUAGE.—The term

25 ‘Native Hawaiian language’ means the single Native
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1 American language indigenous to the original inhab2 itants of the State of Hawai‘i.

3 ‘‘(5) NATIVE HAWAIIAN ORGANIZATION.—The

4 term ‘Native Hawaiian organization’ means a pri5 vate nonprofit organization that—

6 ‘‘(A) serves the interests of Native Hawai7 ians;

8 ‘‘(B) has Native Hawaiians in substantive

9 and policymaking positions within the organiza10 tions; and

11 ‘‘(C) is recognized by the Governor of

12 Hawai‘i for the purpose of planning, conducting,

13 or administering programs (or portions of pro14 grams) for the benefit of Native Hawaiians.

15 ‘‘(6) OFFICE OF HAWAIIAN AFFAIRS.—The term

16 ‘Office of Hawaiian Affairs’ means the office of Ha17 waiian Affairs established by the Constitution of the

18 State of Hawai‘i.

19 ‘‘PART C—ALASKA NATIVE EDUCATION

20 ‘‘SEC. 7301. SHORT TITLE.

21 ‘‘This part may be cited as the ‘Alaska Native Edu22 cational Equity, Support, and Assistance Act’.

23 ‘‘SEC. 7302. FINDINGS.

24 ‘‘Congress finds the following:
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1 ‘‘(1) The attainment of educational success is

2 critical to the betterment of the conditions, long-term

3 well-being, and preservation of the culture of Alaska

4 Natives.

5 ‘‘(2) It is the policy of the Federal Government

6 to encourage the maximum participation by Alaska

7 Natives in the planning and the management of Alas8 ka Native education programs.

9 ‘‘(3) Alaska Native children enter and exit school

10 with serious educational handicaps.

11 ‘‘(4) The educational achievement of Alaska Na12 tive children is far below national norms. Native per13 formance on standardized tests is low, Native student

14 dropout rates are high, and Natives are significantly

15 underrepresented among holders of baccalaureate de16 grees in the State of Alaska. As a result, Native stu17 dents are being denied their opportunity to become

18 full participants in society by grade school and high

19 school educations that are condemning an entire gen20 eration to an underclass status and a life of limited

21 choices.

22 ‘‘(5) The programs authorized in this title, com23 bined with expanded Head Start, infant learning and

24 early childhood education programs, and parent edu-
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1 cation programs are essential if educational handi2 caps are to be overcome.

3 ‘‘(6) The sheer magnitude of the geographic bar4 riers to be overcome in delivering educational services

5 in rural Alaska and Alaska villages should be ad6 dressed through the development and implementation

7 of innovative, model programs in a variety of areas.

8 ‘‘(7) Congress finds that Native children should

9 be afforded the opportunity to begin their formal edu10 cation on a par with their non-Native peers. The Fed11 eral Government should lend support to efforts devel12 oped by and undertaken within the Alaska Native

13 community to improve educational opportunity for

14 all students.

15 ‘‘SEC. 7303. PURPOSES.

16 ‘‘The purposes of this part are to—

17 ‘‘(1) recognize the unique educational needs of

18 Alaska Natives;

19 ‘‘(2) authorize the development of supplemental

20 educational programs to benefit Alaska Natives;

21 ‘‘(3) supplement programs and authorities in the

22 area of education to further the objectives of this part;

23 and

24 ‘‘(4) provide direction and guidance to appro25 priate Federal, State, and local agencies to focus re-
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1 sources, including resources made available under this

2 part, on meeting the educational needs of Alaska Na3 tives.

4 ‘‘SEC. 7304. PROGRAM AUTHORIZED.

5 ‘‘(a) GENERAL AUTHORITY.—

6 ‘‘(1) GRANTS AND CONTRACTS.—The Secretary is

7 authorized to make grants to, or enter into contracts

8 with, Alaska Native organizations, educational enti9 ties with experience in developing or operating Alaska

10 Native programs or programs of instruction con11 ducted in Alaska Native languages, cultural and com12 munity-based organizations with experience in devel13 oping or operating programs to benefit Alaska Na14 tives, and consortia of organizations and entities de15 scribed in this paragraph to carry out programs that

16 meet the purposes of this part.

17 ‘‘(2) PERMISSIBLE ACTIVITIES.—Activities pro18 vided through programs carried out under this part

19 may include—

20 ‘‘(A) the development and implementation

21 of plans, methods, and strategies to improve the

22 education of Alaska Natives;

23 ‘‘(B) the development of curricula and edu24 cational programs that address the educational

25 needs of Alaska Native students, including—
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1 ‘‘(i) curriculum materials that reflect

2 the cultural diversity or the contributions of

3 Alaska Natives;

4 ‘‘(ii) instructional programs that make

5 use of Native Alaskan languages; and

6 ‘‘(iii) networks that introduce success7 ful programs, materials, and techniques to

8 urban and rural schools;

9 ‘‘(C) professional development activities for

10 educators, including—

11 ‘‘(i) programs to prepare teachers to

12 address the cultural diversity and unique

13 needs of Alaska Native students;

14 ‘‘(ii) in-service programs to improve

15 the ability of teachers to meet the unique

16 needs of Alaska Native students; and

17 ‘‘(iii) recruitment and preparation of

18 teachers who are Alaska Native, reside in

19 communities with high concentrations of

20 Alaska Native students, or are likely to suc21 ceed as teachers in isolated, rural commu22 nities and engage in cross-cultural instruc23 tion in Alaska;

24 ‘‘(D) the development and operation of home

25 instruction programs for Alaska Native preschool
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1 children, the purpose of which is to ensure the

2 active involvement of parents in their children’s

3 education from the earliest ages;

4 ‘‘(E) family literacy services;

5 ‘‘(F) the development and operation of stu6 dent enrichment programs in science and mathe7 matics that—

8 ‘‘(i) are designed to prepare Alaska

9 Native students from rural areas, who are

10 preparing to enter secondary school, to excel

11 in science and math; and

12 ‘‘(ii) provide appropriate support serv13 ices to the families of such students that are

14 needed to enable such students to benefit

15 from the programs;

16 ‘‘(G) research and data collection activities

17 to determine the educational status and needs of

18 Alaska Native children and adults;

19 ‘‘(H) other research and evaluation activi20 ties related to programs carried out under this

21 part;

22 ‘‘(I) remedial and enrichment programs to

23 assist Alaska Native students in performing at a

24 high level on standardized tests;
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1 ‘‘(J) education and training of Alaska Na2 tive students enrolled in a degree program that

3 will lead to certification or licensing as teachers;

4 ‘‘(K) parenting education for parents and

5 caregivers of Alaska Native children to improve

6 parenting and caregiving skills (including skills

7 relating to discipline and cognitive develop8 ment), including parenting education provided

9 through in-home visitation of new mothers;

10 ‘‘(L) cultural education programs operated

11 by the Alaska Native Heritage Center and de12 signed to share the Alaska Native culture with

13 students;

14 ‘‘(M) a cultural exchange program operated

15 by the Alaska Humanities Forum and designed

16 to share Alaska Native culture with urban stu17 dents in a rural setting, which shall be known as

18 the Rose Cultural Exchange Program;

19 ‘‘(N) activities carried out through Even

20 Start programs carried out under subpart 1 of

21 part B of title I and Head Start programs car22 ried out under the Head Start Act, including the

23 training of teachers for programs described in

24 this subparagraph;
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1 ‘‘(O) other early learning and preschool

2 programs;

3 ‘‘(P) dropout prevention programs such as

4 the Cook Inlet Tribal Council’s Partners for Suc5 cess program;

6 ‘‘(Q) an Alaska Initiative for Community

7 Engagement program;

8 ‘‘(R) career preparation activities to enable

9 Alaska Native children and adults to prepare for

10 meaningful employment, including programs

11 providing tech-prep, mentoring, training, and

12 apprenticeship activities;

13 ‘‘(S) provision of operational support and

14 construction funding, and purchasing of equip15 ment, to develop regional vocational schools in

16 rural areas of Alaska, including boarding

17 schools, for Alaska Native students in grades 9 to

18 12, and higher levels of education, to provide the

19 students with necessary resources to prepare for

20 skilled employment opportunities; and

21 ‘‘(T) other activities, consistent with the

22 purposes of this part, to meet the educational

23 needs of Alaska Native children and adults.

24 ‘‘(3) HOME INSTRUCTION PROGRAMS.—Home in25 struction programs for Alaska Native preschool chil-
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1 dren carried out under paragraph (2)(D) may

2 include—

3 ‘‘(A) programs for parents and their in4 fants, from the prenatal period of the infant

5 through age 3;

6 ‘‘(B) preschool programs; and

7 ‘‘(C) training, education, and support for

8 parents in such areas as reading readiness, ob9 servation, story telling, and critical thinking.

10 ‘‘(b) ADMINISTRATIVE COSTS.—Not more than 5 per11 cent of funds provided to a grant recipient under this sec12 tion for any fiscal year may be used for administrative pur13 poses.

14 ‘‘(c) PRIORITIES.—In awarding grants or contracts to

15 carry out activities described in subsection (a)(2), except

16 for activities listed in subsection (d)(2), the Secretary shall

17 give priority to applications from Alaska Native regional

18 nonprofit organizations, or consortia that include at least

19 1 Alaska Native regional nonprofit organization.

20 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—

21 ‘‘(1) IN GENERAL.—For fiscal year 2002 and

22 each of the 6 succeeding fiscal years, there is author23 ized to be appropriated to carry out this section the

24 same amount as is authorized to be appropriated
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1 under section 7205 for activities under that section

2 for that fiscal year.

3 ‘‘(2) AVAILABILITY OF FUNDS.—Of the funds ap4 propriated and made available under this section for

5 a fiscal year, the Secretary shall make available—

6 ‘‘(A) not less than $1,000,000 to support ac7 tivities described in subsection (a)(2)(K);

8 ‘‘(B) not less than $1,000,000 to support ac9 tivities described in subsection (a)(2)(L);

10 ‘‘(C) not less than $1,000,000 to support ac11 tivities described in subsection (a)(2)(M);

12 ‘‘(D) not less than $2,000,000 to support ac13 tivities described in subsection (a)(2)(P); and

14 ‘‘(E) not less than $2,000,000 to support ac15 tivities described in subsection (a)(2)(Q).

16 ‘‘SEC. 7305. ADMINISTRATIVE PROVISIONS.

17 ‘‘(a) APPLICATION REQUIRED.—No grant may be

18 made under this part, and no contract may be entered into

19 under this part, unless the entity seeking the grant or con20 tract submits an application to the Secretary at such time,

21 in such manner, and containing such information as the

22 Secretary may determine to be necessary to carry out the

23 provisions of this part.

24 ‘‘(b) APPLICATIONS.—A State educational agency or

25 local educational agency may apply for a grant or contract
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1 under this part only as part of a consortium involving an

2 Alaska Native organization. The consortium may include

3 other eligible applicants.

4 ‘‘(c) CONSULTATION REQUIRED.—Each applicant for

5 a grant or contract under this part shall provide for ongo6 ing advice from and consultation with representatives of the

7 Alaska Native community.

8 ‘‘(d) LOCAL EDUCATIONAL AGENCY COORDINATION.—

9 Each applicant for a grant or contract under this part shall

10 inform each local educational agency serving students who

11 will participate in the program to be carried out under the

12 grant or contract about the application.

13 ‘‘(e) REPORTING REQUIREMENTS.—Each recipient of

14 a grant or contract under this part shall, not later than

15 March 15 of each fiscal year in which the organization ex16 pends funds under the grant or contract, prepare and sub17 mit to the Committee on Appropriations of the House of

18 Representatives and the Committee on Appropriations of

19 the Senate, summary reports, of not more than 2 pages in

20 length. Such reports shall describe activities undertaken

21 under the grant or contract, and progress made toward the

22 overall objectives of the activities to be carried out under

23 the grant or contract.

24 ‘‘SEC. 7306. DEFINITIONS.

25 ‘‘In this part:
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1 ‘‘(1) ALASKA NATIVE.—The term ‘Alaska Native’

2 has the meaning given the term ‘Native’ in section

3 3(b) of the Alaska Native Claims Settlement Act.

4 ‘‘(2) ALASKA NATIVE ORGANIZATION.—The term

5 ‘Alaska Native organization’ means a federally recog6 nized tribe, consortium of tribes, regional nonprofit

7 Native association, or another organization that—

8 ‘‘(A) has or commits to acquire expertise in

9 the education of Alaska Natives; and

10 ‘‘(B) has Alaska Natives in substantive and

11 policymaking positions within the organization.

12 SEC. 702. CONFORMING AMENDMENTS.

13 (a) HIGHER EDUCATION ACT OF 1965.—Section

14 317(b) of the Higher Education Act of 1965 (20 U.S.C.

15 1059d(b)) is amended—

16 (1) in paragraph (1), by striking ‘‘section 9308’’

17 and inserting ‘‘section 7306’’; and

18 (2) in paragraph (3), by striking ‘‘section 9212’’

19 and inserting ‘‘section 7207’’.

20 (b) PUBLIC LAW 88–210.—Section 116 of Public Law

21 88–210 (as added by section 1 of Public Law 105–332 (112

22 Stat. 3076)) is amended by striking ‘‘section 9212 of the

23 Native Hawaiian Education Act (20 U.S.C. 7912)’’ and in24 serting ‘‘section 7207 of the Native Hawaiian Education

25 Act’’.
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1 (c) CARL D. PERKINS VOCATIONAL AND TECHNICAL

2 EDUCATION ACT OF 1998.—Section 116(a)(5) of the Carl

3 D. Perkins Vocational and Technical Education Act of 1998

4 (20 U.S.C. 2326(a)(5)) is amended by striking ‘‘section

5 9212’’ and all that follows and inserting ‘‘section 7207 of

6 the Native Hawaiian Education Act’’.

7 (d) MUSEUM AND LIBRARY SERVICES ACT.—Section

8 261 of the Museum and Library Services Act (20 U.S.C.

9 9161) is amended by striking ‘‘section 9212 of the Native

10 Hawaiian Education Act (20 U.S.C. 7912)’’ and inserting

11 ‘‘section 7207 of the Native Hawaiian Education Act’’.

12 (e) ACT OF APRIL 16, 1934.—Section 5 of the Act of

13 April 16, 1934 (commonly known as the ‘‘Johnson-O’Malley

14 Act’’) (88 Stat. 2213; 25 U.S.C. 456) is amended by strik15 ing ‘‘section 9104(c)(4)’’ and inserting ‘‘section 7114(c)(4)’’.

16 (f) NATIVE AMERICAN LANGUAGES ACT.—Section 103

17 of the Native American Languages Act (25 U.S.C. 2902)

18 is amended—

19 (1) in paragraph (2), by striking ‘‘section

20 9161(4) of the Elementary and Secondary Education

21 Act of 1965 (20 U.S.C. 7881(4))’’ and inserting ‘‘sec22 tion 7161(3) of the Elementary and Secondary Edu23 cation Act of 1965’’; and

24 (2) in paragraph (3), by striking ‘‘section

25 9212(1) of the Elementary and Secondary Education
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1 Act of 1965 (20 U.S.C. 7912(1))’’ and inserting ‘‘sec2 tion 7207 of the Elementary and Secondary Edu3 cation Act of 1965’’.

4 (g) WORKFORCE INVESTMENT ACT OF 1998.—Section

5 166(b)(3) of the Workforce Investment Act of 1998 (29

6 U.S.C. 2911(b)(3)) is amended by striking ‘‘paragraphs (1)

7 and (3), respectively, of section 9212 of the Native Hawai8 ian Education Act (20 U.S.C. 7912)’’ and inserting ‘‘sec9 tion 7207 of the Native Hawaiian Education Act’’.

10 (h) ASSETS FOR INDEPENDENCE ACT.—Section

11 404(11) of the Assets for Independence Act (42 U.S.C. 604

12 note) is amended by striking ‘‘section 9212 of the Native

13 Hawaiian Education Act (20 U.S.C. 7912)’’ and inserting

14 ‘‘section 7207 of the Native Hawaiian Education Act’’.

15 TITLE VIII—IMPACT AID

16 SEC. 801. ELIGIBILITY UNDER SECTION 8003 FOR CERTAIN

17 HEAVILY IMPACTED LOCAL EDUCATIONAL

18 AGENCIES.

19 (a) ELIGIBILITY.—Section 8003(b)(2)(C) (20 U.S.C.

20 7703(b)(2)(C)) is amended—

21 (1) in clauses (i) and (ii) by inserting after

22 ‘‘Federal military installation’’ each place it appears

23 the following: ‘‘(or the agency is a qualified local edu24 cational agency as described in clause (iv))’’; and

25 (2) by adding at the end the following:
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1 ‘‘(iv) QUALIFIED LOCAL EDUCATIONAL

2 AGENCY.—A qualified local educational

3 agency described in this clause is an agency

4 that meets the following requirements:

5 ‘‘(I) The boundaries are the same

6 as island property designated by the

7 Secretary of the Interior to be property

8 that is held in trust by the Federal

9 Government.

10 ‘‘(II) The agency has no taxing

11 authority.

12 ‘‘(III) The agency received a pay13 ment under paragraph (1) for fiscal

14 year 2001.’’.

15 (b) EFFECTIVE DATE.—The Secretary shall consider

16 an application for a payment under section 8003(b)(2) for

17 fiscal year 2002 from a qualified local educational agency

18 described in section 8003(b)(2)(C)(iv), as added by sub19 section (a), as meeting the requirements of section

20 8003(b)(2)(C)(iii), and shall provide a payment under sec21 tion 8003(b)(2) for fiscal year 2002, if the agency submits

22 to the Secretary an application for payment under such sec23 tion not later than 60 days after the date of enactment of

24 this Act.
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1 TITLE IX—REPEALS

2 SEC. 901. REPEALS.

3 (a) ELEMENTARY AND SECONDARY EDUCATION ACT

4 OF 1965.—Titles IX through XIV (20 U.S.C. 7801 et seq.,

5 8801 et seq.) are repealed.

6 (b) GOALS 2000: EDUCATE AMERICA ACT.—The Goals

7 2000: Educate America Act (20 U.S.C. 5801 et seq.) is re8 pealed.

9 TITLE X—MISCELLANEOUS

10 PROVISIONS

11 SEC. 1001. INDEPENDENT EVALUATION.

12 The Act (20 U.S.C. 6301 et seq.) (as amended by sec13 tion 901(a)) is amended further by adding at the end the

14 following:

15 ‘‘TITLE IX—MISCELLANEOUS

16 PROVISIONS

17 ‘‘PART A—INDEPENDENT EVALUATION

18 ‘‘SEC. 9101. IN GENERAL.

19 ‘‘The Secretary is authorized to award a grant to the

20 Board on Testing and Assessment of the National Research

21 Council of the National Academy of Sciences to enable the

22 Board to conduct, in consultation with the Department

23 (and others that the Board determines appropriate), an on24 going evaluation, not to exceed 4 years in duration, of a

25 representative sample of State and local educational agen-
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1 cies regarding high stakes assessments used by the State and

2 local educational agencies. The evaluation shall be based on

3 a research design determined by the Board, in consultation

4 with others, that includes existing data, and the develop5 ment of new data as feasible and advisable. The evaluation

6 shall address, at a minimum, the 3 components described

7 in section 9102.

8 ‘‘SEC. 9102. COMPONENTS EVALUATED.

9 ‘‘The 3 components of the evaluation described in sec10 tion 9101 are as follows:

11 ‘‘(1) STUDENTS, TEACHERS, PARENTS, FAMILIES,

12 SCHOOLS, AND SCHOOL DISTRICTS.—The intended

13 and unintended consequences of the assessments on in14 dividual students, teachers, parents, families, schools,

15 and school districts, including—

16 ‘‘(A) overall improvement or decline in

17 what students are learning based on independent

18 measures;

19 ‘‘(B) changes in course offerings, teaching

20 practices, course content, and instructional mate21 rial;

22 ‘‘(C) measures of teacher satisfaction with

23 the assessments;

24 ‘‘(D) changes in rates of teacher and ad25 ministrator turnover;
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1 ‘‘(E) changes in dropout, grade retention,

2 and graduation rates for students;

3 ‘‘(F) the relationship of student performance

4 on the assessments to school resources, teacher

5 and instructional quality, or such factors as lan6 guage barriers or construct-irrelevant disabil7 ities;

8 ‘‘(G) changes in the frequency of referrals

9 for enrichment opportunities, remedial measures,

10 and other consequences;

11 ‘‘(H) changes in student post-graduation

12 outcomes, including admission to, and signs of

13 success (such as reduced need for remediation

14 services) at, colleges, community colleges, or tech15 nical school training programs;

16 ‘‘(I) cost of preparing for, conducting, and

17 grading the assessments in terms of dollars ex18 pended by the school district and time expended

19 by students and teachers;

20 ‘‘(J) changes in funding levels and distribu21 tion of instructional and staffing resources for

22 schools based on the results of the assessments;

23 ‘‘(K) purposes for which the assessments or

24 components of the assessments are used beyond

25 what is required under part A of title I, and the
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1 consequences for students and teachers because of

2 those uses;

3 ‘‘(L) differences in the areas studied under

4 this section between high poverty and high con5 centration minority schools and school districts,

6 and schools and school districts with lower rates

7 of poverty and minority students; and

8 ‘‘(M) the level of involvement of parents and

9 families in the development and implementation

10 of the assessments and the extent to which the

11 parents and families are informed of assessment

12 results and consequences.

13 ‘‘(2) STUDENTS WITH DISABILITIES.—The in14 tended and unintended consequences of the assess15 ments for students with disabilities, including—

16 ‘‘(A) the overall improvement or decline in

17 academic achievement for students with disabil18 ities;

19 ‘‘(B) the numbers and characteristics of stu20 dents with disabilities who are excluded from the

21 assessments, and the number and type of modi22 fications and accommodations extended;

23 ‘‘(C) changes in the rate of referral of stu24 dents to special education;
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1 ‘‘(D) changes in attendance patterns and

2 dropout, retention, and graduation rates for stu3 dents with disabilities;

4 ‘‘(E) changes in rates at which students

5 with disabilities are retained in grade level;

6 ‘‘(F) changes in rates of transfers of stu7 dents with disabilities to other schools or institu8 tions; and

9 ‘‘(G) the level of involvement of parents and

10 families of students with disabilities in the devel11 opment and implementation of the assessments

12 and the extent to which the parents and families

13 are informed of assessment results and con14 sequences.

15 ‘‘(3) LOW SOCIO-ECONOMIC STUDENTS, LIMITED

16 ENGLISH PROFICIENT STUDENTS, AND MINORITY STU17 DENTS.—The intended and unintended consequences

18 of the assessments for low socio-economic status stu19 dents, limited English proficient students, and racial

20 and ethnic minority students, independently and as

21 compared to middle or high socio-economic status stu22 dents, nonlimited English proficient students, and

23 white students, including—

24 ‘‘(A) the overall improvement or decline in

25 academic achievement for such students;
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1 ‘‘(B) the numbers and characteristics of

2 such students excused from taking the assess3 ments, and the number and type of modifications

4 and accommodations extended to such students;

5 ‘‘(C) changes in the rate of referral of such

6 students to special education;

7 ‘‘(D) changes in attendance patterns and

8 dropout and graduation rates for such students;

9 ‘‘(E) changes in rates at which such stu10 dents are retained in grade level;

11 ‘‘(F) changes in rates of transfer of such

12 students to other schools or institutions; and

13 ‘‘(G) the level of involvement of parents and

14 families of low socio-economic students, limited

15 English proficient students, and racial and eth16 nic minority students in the development and

17 implementation of the assessments and the extent

18 to which the parents and families are informed

19 of assessment results and consequences.

20 ‘‘SEC. 9103. REPORTING.

21 ‘‘The Secretary shall make public annually the results

22 of the evaluation carried out under this part and shall re23 port the findings of the evaluation to Congress and to the

24 States not later than 2 months after the completion of the

25 evaluation.
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1 ‘‘SEC. 9104. DEFINITIONS.

2 ‘‘In this part:

3 ‘‘(1) HIGH STAKES ASSESSMENT.—The term

4 ‘high stakes assessment’ means a standardized test

5 that is one of the mandated determining factors in

6 making decisions concerning a student’s promotion,

7 graduation, or tracking.

8 ‘‘(2) STANDARDIZED TEST.—The term ‘standard9 ized test’ means a test that is administered and scored

10 under conditions uniform to all students so that the

11 test scores are comparable across individuals.

12 ‘‘SEC. 9105. AUTHORIZATION OF APPROPRIATIONS.

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

14 this part $4,000,000 for fiscal year 2002. Such funds shall

15 remain available until expended.’’.

16 ‘‘PART B—TRANSITION PROVISION

17 ‘‘SEC. 9201. CERTAIN MULTIYEAR GRANTS AND CONTRACTS.

18 ‘‘(a) IN GENERAL.—Notwithstanding any other provi19 sion of this Act, from funds appropriated under subsection

20 (b) the Secretary shall continue to fund any multiyear

21 grant or contract awarded under section 3141 or part A

22 or C of title XIII (as such section or part was in effect

23 on the day preceding the date of the enactment of the Better

24 Education for Students and Teachers Act) for the duration

25 of the multiyear award.
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1 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There

2 are authorized to be appropriated for each fiscal year such

3 sums as may be necessary to carry out subsection (a).

4 ‘‘(c) REPEAL.—This section is repealed on the date of

5 enactment of a law that—

6 ‘‘(1) reauthorizes a provision of the Educational

7 Research, Development, Dissemination, and Improve8 ment Act of 1994; and

9 ‘‘(2) is enacted after the date of enactment of the

10 Better Education for Students and Teachers Act.’’.

11 SEC. 1002. HELPING CHILDREN SUCCEED BY FULLY FUND12 ING THE INDIVIDUALS WITH DISABILITIES

13 EDUCATION ACT (IDEA).

14 (a) FINDINGS.—Congress makes the following findings:

15 (1) All children deserve a quality education.

16 (2) In Pennsylvania Association for Retarded

17 Children vs. Commonwealth of Pennsylvania (334 F.

18 Supp. 1247)(E. Dist. Pa. 1971), and Mills vs. Board

19 of Education of the District of Columbia (348 F.

20 Supp. 866)(Dist. D.C. 1972), the courts found that

21 children with disabilities are entitled to an equal op22 portunity to an education under the 14th amendment

23 of the Constitution.

24 (3) In 1975, Congress passed what is now known

25 as the Individuals with Disabilities Education Act
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1 (referred to in this section as ‘‘IDEA’’) (20 U.S.C.

2 1400 et seq.) to help States provide all children with

3 disabilities a free, appropriate public education in the

4 least restrictive environment. At full funding, Con5 gress contributes 40 percent of the average per pupil

6 expenditure for each child with a disability served.

(4) Before 1975, only 1 7 ⁄5 of the children with dis8 abilities received a formal education. At that time,

9 many States had laws that specifically excluded

10 many children with disabilities, including children

11 who were blind, deaf, or emotionally disturbed, from

12 receiving such an education.

13 (5) IDEA currently serves an estimated 200,000

14 infants and toddlers, 600,000 preschoolers, and

15 5,400,000 children 6 to 21 years of age.

16 (6) IDEA enables children with disabilities to be

17 educated in their communities, and thus, has assisted

18 in dramatically reducing the number of children with

19 disabilities who must live in State institutions away

20 from their families.

21 (7) The number of children with disabilities who

22 complete high school has grown significantly since the

23 enactment of IDEA.
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1 (8) The number of children with disabilities who

2 enroll in college as freshmen has more than tripled

3 since the enactment of IDEA.

4 (9) The overall effectiveness of IDEA depends

5 upon well trained special education and general edu6 cation teachers, related services personnel, and other

7 school personnel. Congress recognizes concerns about

8 the nationwide shortage of personnel serving students

9 with disabilities and the need for improvement in the

10 qualifications of such personnel.

11 (10) IDEA has raised the Nation’s awareness

12 about the abilities and capabilities of children with

13 disabilities.

14 (11) Improvements to IDEA in the 1997 amend15 ments increased the academic achievement of children

16 with disabilities and helped them to lead productive,

17 independent lives.

18 (12) Changes made in 1997 also addressed the

19 needs of those children whose behavior impedes learn20 ing by implementing behavioral assessments and

21 intervention strategies to ensure that they receive ap22 propriate supports in order to receive a quality edu23 cation.

24 (13) IDEA requires a full partnership between

25 parents of children with disabilities and education
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1 professionals in the design and implementation of the

2 educational services provided to children with disabil3 ities.

4 (14) While the Federal Government has more

5 than doubled funding for part B of IDEA since 1995,

6 the Federal Government has never provided more

7 than 15 percent of the maximum State grant alloca8 tion for educating children with disabilities.

9 (15) By fully funding IDEA, Congress will

10 strengthen the ability of States and localities to im11 plement the requirements of IDEA.

12 (b) LOCAL EDUCATIONAL AGENCY ELIGIBILITY.—

13 Clauses (i) and (ii) of section 613(a)(2)(C) of the Individ14 uals with Disabilities Education Act (20 U.S.C.

15 1413(a)(2)(C)) is amended to read as follows:

16 ‘‘(i) Notwithstanding clauses (ii) and

17 (iii) of subparagraph (A), for any fiscal

18 year for which amounts appropriated to

19 carry out section 611 exceeds

20 $4,100,000,000, a local educational agency

21 may treat as local funds, for the purpose of

22 such clauses, up to 55 percent of the amount

23 of funds it receives under this part that ex24 ceeds the amount it received under this part

25 for fiscal year 2001, except where a local
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1 educational agency shows that it is meeting

2 the requirements of this part, the local edu3 cational agency may petition the State to

4 waive, in whole or in part, the 55 percent

5 cap under this clause.

6 ‘‘(ii) Notwithstanding clause (i), if the

7 Secretary determines that a local edu8 cational agency is not meeting the require9 ments of this part, the Secretary may pro10 hibit the local educational agency from

11 treating funds received under this part as

12 local funds under clause (i) for any fiscal

13 year, and may redirect the use of those

14 funds to other educational programs within

15 the local educational agency.’’.

16 (c) FUNDING.—Section 611(j) of the Individuals with

17 Disabilities Education Act (20 U.S.C. 1411(j)) is amended

18 to read as follows:

19 ‘‘(j) FUNDING.—For the purpose of carrying out this

20 part, other than section 619, there are authorized to be ap21 propriated, and there are appropriated—

22 ‘‘(1) $8,823,685,000 for fiscal year 2002;

23 ‘‘(2) $11,323,685,000 for fiscal year 2003;

24 ‘‘(3) $13,823,685,000 for fiscal year 2004;

25 ‘‘(4) $16,323,685,000 for fiscal year 2005;
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1 ‘‘(5) $18,823,685,000 for fiscal year 2006;

2 ‘‘(6) not more than $21,067,600,000, or the sum

3 of the maximum amount that all States may receive

4 under subsection (a)(2), whichever is lower, for fiscal

5 year 2007;

6 ‘‘(7) not more than $21,742,019,000, or the sum

7 of the maximum amount that all States may receive

8 under subsection (a)(2), whichever is lower, for fiscal

9 year 2008;

10 ‘‘(8) not more than $22,423,068,000, or the sum

11 of the maximum amount that all States may receive

12 under subsection (a)(2), whichever is lower, for fiscal

13 year 2009;

14 ‘‘(9) not more than $23,095,622,000, or the sum

15 of the maximum amount that all States may receive

16 under subsection (a)(2), whichever is lower, for fiscal

17 year 2010; and

18 ‘‘(10) not more than $23,751,456,000, or the sum

19 of the maximum amount that all States may receive

20 under subsection (a)(2), whichever is lower, for fiscal

21 year 2011.’’.
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1 SEC. 1003. SENSE OF THE SENATE; AUTHORIZATION OF AP2 PROPRIATIONS FOR TITLE II OF THE ELE3 MENTARY AND SECONDARY EDUCATION ACT

4 OF 1965.

5 (a) SENSE OF THE SENATE.—It is the sense of the Sen6 ate that Congress should appropriate $3,000,000,000 for fis7 cal year 2002 to carry out part A of title II of the Elemen8 tary and Secondary Education Act of 1965 and thereby—

9 (1) provide that schools, local educational agen10 cies, and States have the resources they need to put

11 a highly qualified teacher in every classroom in each

12 school in which 50 percent or more of the children are

13 from low income families, over the next 4 years;

14 (2) provide 125,000 new teachers with mentors

15 and year-long supervised internships; and

16 (3) provide high quality pedagogical training for

17 every teacher in every school.

18 (b) AUTHORIZATION OF APPROPRIATIONS.—There are

19 authorized to be appropriated to carry out part A of title

20 II of the Elementary and Secondary Education Act of

21 1965—

22 (1) $3,500,000,000 for fiscal year 2003;

23 (2) $4,000,000,000 for fiscal year 2004;

24 (3) $4,500,000,000 for fiscal year 2005;

25 (4) $5,000,000,000 for fiscal year 2006;

26 (5) $5,500,000,000 for fiscal year 2007; and
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1 (6) $6,000,000,000 for fiscal year 2008.

2 SEC. 1004. SENSE OF THE SENATE REGARDING EDUCATION

3 OPPORTUNITY TAX RELIEF.

4 (a) FINDINGS.—The Senate finds the following:

5 (1) Improving the education of our children is

6 an essential and important responsibility facing this

7 country.

8 (2) Strong parental involvement is a cornerstone

9 for academic success; it is parents who know and un10 derstand the special, individual needs of their own

11 children.

12 (3) Advanced technology has fueled unprece13 dented economic growth and positively transformed

14 the way Americans conduct business and commu15 nicate with each other.

16 (4) Families will need ready access to the tech17 nical tools and skills necessary for their school age

18 children to succeed in the classroom and the increas19 ingly competitive international marketplace.

20 (5) Studies have shown that the presence of a

21 computer in the home has a positive impact on a stu22 dent’s level of academic achievement and performance

23 in school.

24 (6) Tax relief, enabling the purchase of tech25 nology and tutorial services for K–12 education pur-
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1 poses, would significantly help defray the cost of edu2 cation expenses by: Empowering families financially

3 and increasing education spending; allowing families

4 to provide their children access to a far greater range

5 of educational opportunities suited to their individual

6 needs; and bridging the digital divide.

7 (b) SENSE OF THE SENATE.—It is the sense of the Sen8 ate that Congress and the President should—

9 (1) act expeditiously to pass legislation in the

10 First Session of the One Hundred Seventh Congress

11 that provides tax relief to parents of K–12 students

12 for the cost of their children’s education-related ex13 penses, specifically, computers, peripherals and com14 puter-related technology, educational software, Inter15 net access and tutoring services; and

16 (2) that such tax relief would not apply toward

17 the cost of private school tuition.

18 SEC. 1005. SENSE OF THE SENATE REGARDING TAX RELIEF

19 FOR ELEMENTARY AND SECONDARY EDU20 CATORS.

21 (a) FINDINGS.—The Senate finds the following:

22 (1) The average salary for an elementary and

23 secondary school teacher in the United States with a

24 Master’s degree and 16 years of experience is approxi25 mately $40,582.
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1 (2) The average starting salary for teachers in

2 the United States is $26,000.

3 (3) Our educators make many personal and fi4 nancial sacrifices to educate our youth.

5 (4) Teachers spend on average $408 a year, out

6 of their own money, to bring educational supplies

7 into their classrooms.

8 (5) Educators spend significant money out of

9 their own pocket every year on professional develop10 ment expenses so they can better educate our youth.

11 (6) Many educators accrue significant higher

12 education student loans that must be repaid and

13 whereas these loans are accrued by educators in order

14 for them to obtain degrees necessary to become quali15 fied to serve in our Nation’s schools.

16 (7) As a result of these numerous out of pocket

17 expenses that our teachers spend every year, and other

18 factors, 6 percent of the Nation’s teaching force leaves

19 the profession every year, and 20 percent of all new

20 hires leave the teaching profession within three years.

21 (8) This country is in the midst of a teacher

22 shortage, with estimates that 2.4 million new teachers

23 will be needed by 2009 because of teacher attrition,

24 teacher retirement, and increased student enrollment.
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1 (9) The Federal Government can and should

2 play a role to help alleviate the Nation’s teaching

3 shortage.

4 (10) The current tax code provides little recogni5 tion of the fact that our educators spend significant

6 money out of their own pocket to better the education

7 of our children.

8 (11) President Bush has recognized the impor9 tance of providing teachers with additional tax relief,

10 in recognition of the many financial sacrifices our

11 teachers make.

12 (b) SENSE OF THE SENATE.—It is the sense of the Sen13 ate that Congress should pass legislation providing elemen14 tary and secondary level educators with additional tax re15 lief in recognition of the many out of pocket, unreimbursed

16 expenses educators incur to improve the education of our

17 Nation’s students.

18 SEC. 1006. SENSE OF THE SENATE; AUTHORIZATION OF AP19 PROPRIATIONS FOR TITLE III OF THE ELE20 MENTARY AND SECONDARY EDUCATION ACT

21 OF 1965.

22 (a) SENSE OF THE SENATE.—It is the sense of the Sen23 ate that Congress should appropriate $750,000,000 for fis24 cal year 2002 to carry out part A and part D of title III
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1 of the Elementary and Secondary Education Act of 1965

2 and thereby—

3 (1) provide that schools, local educational agen4 cies, and States have the resources they need to assist

5 all limited English proficient students in attaining

6 proficiency in the English language, and meeting the

7 same challenging State content and student perform8 ance standards that all students are expected to meet

9 in core academic subjects;

10 (2) provide for the development and implementa11 tion of bilingual education programs and language

12 instruction educational programs that are tied to sci13 entifically based research, and that effectively serve

14 limited English proficient students; and

15 (3) provide for the development of programs that

16 strengthen and improve the professional training of

17 educational personnel who work with limited English

18 proficient students.

19 (b) AUTHORIZATION OF APPROPRIATIONS.—There are

20 authorized to be appropriated to carry out part A and part

21 D of title III of the Elementary and Secondary Education

22 Act of 1965—

23 (1) $1,100,000,000 for fiscal year 2003;

24 (2) $1,400,000,000 for fiscal year 2004;

25 (3) $1,700,000,000 for fiscal year 2005;
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1 (4) $2,100,000,000 for fiscal year 2006;

2 (5) $2,400,000,000 for fiscal year 2007; and

3 (6) $2,800,000,000 for fiscal year 2008.

4 SEC. 1007. GRANTS FOR THE TEACHING OF TRADITIONAL

5 AMERICAN HISTORY AS A SEPARATE SUB6 JECT.

7 Title IX (as added by section 1001) is amended by

8 adding at the end the following:

9 ‘‘PART C—TEACHING OF TRADITIONAL AMERICAN

10 HISTORY

11 ‘‘SEC. 9301. GRANTS FOR THE TEACHING OF TRADITIONAL

12 AMERICAN HISTORY AS A SEPARATE SUB13 JECT.

14 ‘‘(a) IN GENERAL.—There are authorized to be appro15 priated $100,000,000 to enable the Secretary to establish

16 and implement a program to be known as the ‘Teaching

17 American History Grant Program’ under which the Sec18 retary shall award grants on a competitive basis to local

19 educational agencies—

20 ‘‘(1) to carry out activities to promote the teach21 ing of traditional American history in schools as a

22 separate subject; and

23 ‘‘(2) for the development, implementation, and

24 strengthening of programs to teach American history

25 as a separate subject (not as a component of social
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1 studies) within the school curricula, including the im2 plementation of activities to improve the quality of

3 instruction and to provide professional development

4 and teacher education activities with respect to Amer5 ican history.

6 ‘‘(b) REQUIRED PARTNERSHIP.—A local educational

7 agency that receives a grant under subsection (a) shall

8 carry out activities under the grant in partnership with

9 1 or more of the following:

10 ‘‘(1) An institution of higher education.

11 ‘‘(2) A non-profit history or humanities organi12 zation.

13 ‘‘(3) A library or museum.’’.

14 SEC. 1008. STUDY AND INFORMATION.

15 (a) STUDY.—

16 (1) IN GENERAL.—The Director of the National

17 Institutes of Health and the Secretary of Education

18 jointly shall—

19 (A) conduct a study regarding how exposure

20 to violent entertainment (such as movies, music,

21 television, Internet content, video games, and ar22 cade games) affects children’s cognitive develop23 ment and educational achievement; and

24 (B) submit a final report to Congress re25 garding the study.
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1 (2) PLAN.—The Director and the Secretary

2 jointly shall submit to Congress, not later than 6

3 months after the date of enactment of this Act, a plan

4 for the conduct of the study.

5 (3) INTERIM REPORTS.—The Director and the

6 Secretary jointly shall submit to Congress annual in7 terim reports regarding the study until the final re8 port is submitted under paragraph (1)(B).

9 (b) INFORMATION.—Section 411(b)(3) of the National

10 Education Statistics Act of 1994 (20 U.S.C. 9010(b)(3) et

11 seq.) is amended by adding at the end the following: ‘‘Not12 withstanding the preceding sentence, in carrying out the

13 National Assessment the Commissioner shall gather data re14 garding how much time children spend on various forms

15 of entertainment, such as movies, music, television, Internet

16 content, video games, and arcade games.’’.

17 SEC. 1009. SENSE OF THE SENATE REGARDING TRANS18 MITTAL OF S. 27 TO HOUSE OF REPRESENTA19 TIVES.

20 (a) FINDINGS.—The Senate finds that—

21 (1) on April 2, 2001, the Senate of the United

22 States passed S. 27, the Bipartisan Campaign Re23 form Act of 2001, by a vote of 59 to 41;

24 (2) it has been over 30 days since the Senate

25 moved to third reading and final passage of S. 27;
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1 (3) it was then in order for the bill to be en2 grossed and officially delivered to the House of Rep3 resentatives of the United States;

4 (4) the precedents and traditions of the Senate

5 dictate that bills passed by the Senate are routinely

6 sent in a timely manner to the House of Representa7 tives;

8 (5) the will of the majority of the Senate, having

9 voted in favor of campaign finance reform is being

10 unduly thwarted;

11 (6) the American people are taught that when a

12 bill passes one body of Congress, it is routinely sent

13 to the other body for consideration; and

14 (7) the delay in sending S. 27 to the House of

15 Representatives appears to be an arbitrary action

16 taken to deliberately thwart the will of the majority

17 of the Senate.

18 (b) SENSE OF THE SENATE.—It is the sense of the Sen19 ate that the Secretary of the Senate should properly engross

20 and deliver S. 27 to the House of Representatives without

21 any intervening delay.
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1 SEC. 1010. SENSE OF THE SENATE; AUTHORIZATION OF AP2 PROPRIATIONS FOR TITLE I OF THE ELEMEN3 TARY AND SECONDARY EDUCATION ACT OF

4 1965.

5 (a) SENSE OF THE SENATE.—Congress finds that—

6 (1) Congress should continue toward the goal of

7 providing the necessary funding for afterschool pro8 grams by appropriating the authorized level of

9 $1,500,000,000 for fiscal year 2002 to carry out part

10 F of title I of the Elementary and Secondary Edu11 cation Act of 1965;

12 (2) this funding should be the benchmark for fu13 ture years in order to reach the goal of providing aca14 demically enriched activities during after school hours

15 for the 7,000,000 children in need.

16 (b) AUTHORIZATION OF APPROPRIATIONS.—There are

17 authorized to be appropriated to carry out part F of title

18 I of the Elementary and Secondary Education Act of

19 1965—

20 (1) $2,000,000,000 for fiscal year 2003;

21 (2) $2,500,000,000 for fiscal year 2004;

22 (3) $3,000,000,000 for fiscal year 2005;

23 (4) $3,500,000,000 for fiscal year 2006;

24 (5) $4,000,000,000 for fiscal year 2007; and

25 (6) $4,500,000,000 for fiscal year 2008.
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1 SEC. 1011. EXCELLENCE IN ECONOMIC EDUCATION.

2 Title IX, as amended by section 1001, is further

3 amended by adding at the end the following:

4 ‘‘PART D—EXCELLENCE IN ECONOMIC

5 EDUCATION

6 ‘‘SEC. 9401. SHORT TITLE; FINDINGS.

7 ‘‘(a) SHORT TITLE.—This part may be cited as the

8 ‘‘Excellence in Economic Education Act of 2001’’.

9 ‘‘(b) FINDINGS.—Congress makes the following find10 ings:

11 ‘‘(1) The need for economic literacy in the

12 United States has grown exponentially in the 1990’s

13 as a result of rapid technological advancements and

14 increasing globalization, giving individuals in the

15 United States more numerous and complex economic

16 and financial choices than ever before as members of

17 the workforce, managers of their families’ resources,

18 and voting citizens.

19 ‘‘(2) Studies show that many individuals in the

20 United States lack essential knowledge in personal fi21 nance and economic literacy.

22 ‘‘(3) A 1998-1999 test conducted by the National

23 Council on Economic Education pointed out that

24 many individuals in the United States believe that

25 there is a need for our Nation’s youth to possess an

26 understanding of personal finance and economic
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1 principles, with 96 percent of adults tested believing

2 that basic economics should be taught in secondary

3 school.

4 ‘‘SEC. 9402. EXCELLENCE IN ECONOMIC EDUCATION.

5 ‘‘(a) PURPOSE.—The purpose of this part is to pro6 mote economic and financial literacy among all United

7 States students in kindergarten through grade 12 by award8 ing a competitive grant to a national nonprofit educational

9 organization that has as its primary purpose the improve10 ment of the quality of student understanding of personal

11 finance and economics.

12 ‘‘(b) GOALS.—The goals of this part are—

13 ‘‘(1) to increase students’ knowledge of and

14 achievement in economics to enable the students to be15 come more productive and informed citizens;

16 ‘‘(2) to strengthen teachers’ understanding of and

17 competency in economics to enable the teachers to in18 crease student mastery of economic principles and

19 their practical application;

20 ‘‘(3) to encourage economic education research

21 and development, to disseminate effective instruc22 tional materials, and to promote replication of best

23 practices and exemplary programs that foster eco24 nomic literacy;
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1 ‘‘(4) to assist States in measuring the impact of

2 education in economics, which is 1 of 9 national core

3 content areas described in section 306(c) of the Goals

4 2000: Educate America Act (20 U.S.C. 5886(c)); and

5 ‘‘(5) to leverage and expand private and public

6 support for economic education partnerships at na7 tional, State, and local levels.

8 ‘‘SEC. 9403. GRANT PROGRAM AUTHORIZED.

9 ‘‘(a) COMPETITIVE GRANT PROGRAM FOR EXCEL10 LENCE IN ECONOMIC EDUCATION.—

11 ‘‘(1) IN GENERAL.—The Secretary is authorized

12 to award a competitive grant to a national nonprofit

13 educational organization that has as its primary pur14 pose the improvement of the quality of student under15 standing of personal finance and economics through

16 effective teaching of economics in the Nation’s class17 rooms (referred to in this section as the ‘grantee’).

18 ‘‘(2) USE OF GRANT FUNDS.—

19 ‘‘(A) ONE-QUARTER.—The grantee shall use

1 20 ⁄4 of the funds made available through the grant

21 and not reserved under subsection (f) for a fiscal

22 year—

23 ‘‘(i) to strengthen and expand the

24 grantee’s relationships with State and local
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1 personal finance, entrepreneurial, and eco2 nomic education organizations;

3 ‘‘(ii) to support and promote training,

4 of teachers who teach a grade from kinder5 garten through grade 12, regarding econom6 ics, including the dissemination of informa7 tion on effective practices and research find8 ings regarding the teaching of economics;

9 ‘‘(iii) to support research on effective

10 teaching practices and the development of

11 assessment instruments to document student

12 performance; and

13 ‘‘(iv) to develop and disseminate ap14 propriate materials to foster economic lit15 eracy.

16 ‘‘(B) THREE-QUARTERS.—The grantee shall

use 3 17 ⁄4 of the funds made available through the

18 grant for a fiscal year to award grants to State

19 or local school boards, and State or local eco20 nomic, personal finance, or entrepreneurial edu21 cation organizations (which shall be referred to

22 in this section as a ‘recipient’). The grantee shall

23 award such a grant to pay for the Federal share

24 of the cost of enabling the recipient to work in

25 partnership with 1 or more of the entities de-
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1 scribed in paragraph (3) for 1 or more of the fol2 lowing purposes:

3 ‘‘(i) Collaboratively establishing and

4 conducting teacher training programs that

5 use effective and innovative approaches to

6 the teaching of economics, personal finance,

7 and entrepreneurship.

8 ‘‘(ii) Providing resources to school dis9 tricts that want to incorporate economics

10 and personal finance into the curricula of

11 the schools in the districts.

12 ‘‘(iii) Conducting evaluations of the

13 impact of economic and financial literacy

14 education on students.

15 ‘‘(iv) Conducting economic and finan16 cial literacy education research.

17 ‘‘(v) Creating and conducting school18 based student activities to promote con19 sumer, economic, and personal finance edu20 cation, such as saving, investing, and entre21 preneurial education, and to encourage

22 awareness and student achievement in eco23 nomics.
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1 ‘‘(vi) Encouraging replication of best

2 practices to encourage economic and finan3 cial literacy.

4 ‘‘(C) ADDITIONAL REQUIREMENTS AND

5 TECHNICAL ASSISTANCE.—The grantee shall—

6 ‘‘(i) meet such other requirements as

7 the Secretary determines to be necessary to

8 assure compliance with this section; and

9 ‘‘(ii) provide such technical assistance

10 as may be necessary to carry out this sec11 tion.

12 ‘‘(3) PARTNERSHIP ENTITIES.—The entities re13 ferred to in paragraph (2)(B) are the following:

14 ‘‘(A) A private sector entity.

15 ‘‘(B) A State educational agency.

16 ‘‘(C) A local educational agency.

17 ‘‘(D) An institution of higher education.

18 ‘‘(E) Another organization promoting eco19 nomic development.

20 ‘‘(F) Another organization promoting edu21 cational excellence.

22 ‘‘(G) Another organization promoting per23 sonal finance or entrepreneurial education.

24 ‘‘(4) ADMINISTRATIVE COSTS.—The grantee and

25 each recipient receiving a grant under this section for
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1 a fiscal year may use not more than 25 percent of the

2 funds made available through the grant for adminis3 trative costs.

4 ‘‘(b) TEACHER TRAINING PROGRAMS.—In carrying

5 out the teacher training programs described in subsection

6 (a)(2)(B) a recipient shall—

7 ‘‘(1) train teachers who teach a grade from kin8 dergarten through grade 12; and

9 ‘‘(2) encourage teachers from disciplines other

10 than economics and financial literacy to participate

11 in such teacher training programs, if the training

12 will promote the economic and financial literacy of

13 their students.

14 ‘‘(c) INVOLVEMENT OF BUSINESS COMMUNITY.—In

15 carrying out the activities assisted under this part the

16 grantee and recipients are strongly encouraged to—

17 ‘‘(1) include interactions with the local business

18 community to the fullest extent possible, to reinforce

19 the connection between economic and financial lit20 eracy and economic development; and

21 ‘‘(2) work with private businesses to obtain

22 matching contributions for Federal funds and assist

23 recipients in working toward self-sufficiency.

24 ‘‘(d) FEDERAL SHARE.—
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1 ‘‘(1) IN GENERAL.—The Federal share of the cost

2 described in subsection (a)(2)(B) shall be 50 percent.

3 ‘‘(2) NON-FEDERAL SHARE.—The non-Federal

4 share may be paid in cash or in kind, fairly evalu5 ated, including plant, equipment, or services.

6 ‘‘(e) APPLICATIONS.—

7 ‘‘(1) GRANTEE.—To be eligible to receive a grant

8 under this section, the grantee shall submit to the Sec9 retary an application at such time, in such manner,

10 and accompanied by such information as the Sec11 retary may require.

12 ‘‘(2) RECIPIENTS.—

13 ‘‘(A) IN GENERAL.—To be eligible to receive

14 a grant under this section, a recipient shall sub15 mit an application to the grantee at such time,

16 in such manner, and accompanied by such infor17 mation as the grantee may require.

18 ‘‘(B) REVIEW.—The grantee shall invite the

19 individuals described in subparagraph (C) to re20 view all applications from recipients for a grant

21 under this section and to make recommendations

22 to the grantee regarding the funding of the appli23 cations.

24 ‘‘(C) INDIVIDUALS.—The individuals re25 ferred to in subparagraph (B) are the following:
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1 ‘‘(i) Leaders in the fields of economics

2 and education.

3 ‘‘(ii) Such other individuals as the

4 grantee determines to be necessary, espe5 cially members of the State and local busi6 ness, banking, and finance community.

7 ‘‘(f) SUPPLEMENT AND NOT SUPPLANT.—Funds ap8 propriated under this section shall be used to supplement

9 and not supplant other Federal, State, and local funds ex10 pended for the purpose described in section 9302(a).

11 ‘‘(g) REPORT.—The Secretary shall prepare and sub12 mit to the appropriate committees of Congress a report re13 garding activities assisted under this section not later than

14 2 years after the date funds are first appropriated under

15 subsection (h) and every 2 years thereafter.

16 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There

17 are authorized to be appropriated to carry out this part

18 $10,000,000 for fiscal year 2002, and such sums as may

19 be necessary for each of the 4 succeeding fiscal years.’’.

20 SEC. 1012. LOAN FORGIVENESS FOR HEAD START TEACH21 ERS.

22 (a) SHORT TITLE.—This section may be cited as the

23 ‘‘Loan Forgiveness for Head Start Teachers Act of 2001’’.
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1 (b) HEAD START TEACHERS.—Section 428J of the

2 Higher Education Act of 1965 (20 U.S.C 1078–10) is

3 amended—

4 (1) in subsection (b), by amending paragraph

5 (1) to read as follows:

6 ‘‘(1)(A) has been employed—

7 ‘‘(i) as a full-time teacher for 5 consecutive

8 complete school years in a school that qualifies

9 under section 465(a)(2)(A) for loan cancellation

10 for Perkins loan recipients who teach in such a

11 school; or

12 ‘‘(ii) as a Head Start teacher for 5 consecu13 tive complete program years under the Head

14 Start Act; and

15 ‘‘(B)(i) if employed as a secondary school teach16 er, is teaching a subject area that is relevant to the

17 borrower’s academic major as certified by the chief

18 administrative officer of the public or nonprofit pri19 vate secondary school in which the borrower is em20 ployed;

21 ‘‘(ii) if employed as an elementary school teach22 er, has demonstrated, as certified by the chief admin23 istrative officer of the public or nonprofit private ele24 mentary school in which the borrower is employed,

25 knowledge and teaching skills in reading, writing,
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1 mathematics, and other areas of the elementary school

2 curriculum; and

3 ‘‘(iii) if employed as a Head Start teacher, has

4 demonstrated knowledge and teaching skills in read5 ing, writing, early childhood development, and other

6 areas of a preschool curriculum, with a focus on cog7 nitive learning; and’’;

8 (2) in subsection (g), by adding at the end the

9 following:

10 ‘‘(3) HEAD START.—An individual shall be eligi11 ble for loan forgiveness under this section for service

12 described in clause (ii) of subsection (b)(1)(A) only if

13 such individual received a baccalaureate or graduate

14 degree on or after the date of enactment of the Loan

15 Forgiveness for Head Start Teachers Act of 2001.’’;

16 and

17 (3) by adding at the end the following:

18 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are

19 authorized to be appropriated such sums as may be nec20 essary for fiscal year 2007 and succeeding fiscal years to

21 carry out loan repayment under this section for service de22 scribed in clause (ii) of subsection (b)(1)(A).’’.

23 (c) CONFORMING AMENDMENTS.—Section 428J of such

24 Act (20 U.S.C. 1078–10) is amended—
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1 (1) in subsection (c)(1), by inserting ‘‘or fifth

2 complete program year’’ after ‘‘fifth complete school

3 year of teaching’’;

4 (2) in subsection (f), by striking ‘‘subsection (b)’’

5 and inserting ‘‘subsection (b)(1)(A)(i)’’;

6 (3) in subsection (g)(1)(A), by striking ‘‘sub7 section (b)(1)(A)’’ and inserting ‘‘subsection

8 (b)(1)(A)(i)’’; and

9 (4) in subsection (h), by inserting ‘‘except as

10 part of the term ‘program year’,’’ before ‘‘where’’.

11 (d) DIRECT STUDENT LOAN FORGIVENESS.—

12 (1) IN GENERAL.—Section 460 of the Higher

13 Education Act of 1965 (20 U.S.C 1087j) is

14 amended—

15 (A) in subsection (b)(1), by amending sub16 paragraph (A) to read as follows:

17 ‘‘(A)(i) has been employed—

18 ‘‘(I) as a full-time teacher for 5 con19 secutive complete school years in a school

20 that qualifies under section 465(a)(2)(A) for

21 loan cancellation for Perkins loan recipients

22 who teach in such a school; or

23 ‘‘(II) as a Head Start teacher for 5

24 consecutive complete program years under

25 the Head Start Act; and
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1 ‘‘(ii)(I) if employed as a secondary school

2 teacher, is teaching a subject area that is rel3 evant to the borrower’s academic major as cer4 tified by the chief administrative officer of the

5 public or nonprofit private secondary school in

6 which the borrower is employed;

7 ‘‘(II) if employed as an elementary school

8 teacher, has demonstrated, as certified by the

9 chief administrative officer of the public or non10 profit private elementary school in which the

11 borrower is employed, knowledge and teaching

12 skills in reading, writing, mathematics, and

13 other areas of the elementary school curriculum;

14 and

15 ‘‘(III) if employed as a Head Start teacher,

16 has demonstrated knowledge and teaching skills

17 in reading, writing, early childhood development,

18 and other areas of a preschool curriculum, with

19 a focus on cognitive learning; and’’;

20 (B) in subsection (g), by adding at the end

21 the following:

22 ‘‘(3) HEAD START.—An individual shall be eligi23 ble for loan forgiveness under this section for service

24 described in subclause (II) of subsection (b)(1)(A)(i)

25 only if such individual received a baccalaureate or
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1 graduate degree on or after the date of enactment of

2 the Loan Forgiveness for Head Start Teachers Act of

3 2001.’’; and

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

5 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are

6 authorized to be appropriated such sums as may be nec7 essary for fiscal year 2007 and succeeding fiscal years to

8 carry out loan repayment under this section for service de9 scribed in subclause (II) of subsection (b)(1)(A)(i).’’.

10 (2) CONFORMING AMENDMENTS.—Section 460 of

11 such Act (20 U.S.C. 1087j) is amended—

12 (A) in subsection (c)(1), by inserting ‘‘or

13 fifth complete program year’’ after ‘‘fifth com14 plete school year of teaching’’;

15 (B) in subsection (f), by striking ‘‘subsection

16 (b)’’ and inserting ‘‘subsection (b)(1)(A)(i)(I)’’;

17 (C) in subsection (g)(1)(A), by striking

18 ‘‘subsection (b)(1)(A)’’ and inserting ‘‘subsection

19 (b)(1)(A)(i)(I)’’; and

20 (D) in subsection (h), by inserting ‘‘except

21 as part of the term ‘program year’,’’ before

22 ‘‘where’’.

23 SEC. 1013. SENSE OF THE SENATE REGARDING THE BENE24 FITS OF MUSIC AND ARTS EDUCATION.

25 (a) FINDINGS.—The Senate finds that—
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1 (1) there is a growing body of scientific research

2 demonstrating that children who receive music in3 struction perform better on spatial-temporal rea4 soning tests and proportional math problems;

5 (2) music education grounded in rigorous aca6 demic instruction is an important component of a

7 well-rounded academic program;

8 (3) opportunities in music and the arts have en9 abled children with disabilities to participate more

10 fully in school and community activities;

11 (4) music and the arts can motive at-risk stu12 dents to stay in school and become active participants

13 in the educational process;

14 (5) according to the College Board, college-bound

15 high school seniors in 1998 who received music or

16 arts instruction scored 57 points higher on the verbal

17 portion of the Scholastic Aptitude test and 43 points

18 higher on the math portion of the test than college19 bound seniors without any music or arts instruction;

20 (6) a 1999 report by the Texas Commission on

21 Drug and Alcohol Abuse states that individuals who

22 participated in band, choir, or orchestra reported the

23 lowest levels of current and lifelong use of alcohol, to24 bacco, and illicit drugs; and
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1 (7) comprehensive sequential music education in2 struction enhances early brain development and im3 proves cognitive and communicative skills, self-dis4 cipline, and creativity.

5 (b) SENSE OF THE SENATE.—It is the sense of the Sen6 ate that—

7 (1) music and arts education enhances intellec8 tual development and enriches the academic environ9 ment for children of all ages; and

10 (2) music and arts educators greatly contribute

11 to the artistic, intellectual, and social development of

12 the children of our Nation, and play a key role in

13 helping children to succeed in school.

14 SEC. 1014. SENSE OF THE SENATE CONCERNING POSTAL

15 RATES FOR EDUCATIONAL MATERIALS.

16 (a) FINDINGS.—The Senate finds that—

17 (1) the President and Congress both agree that

18 education is of the highest domestic priority;

19 (2) access to education is a basic right for all

20 Americans regardless of age, race, economic status or

21 geographic boundary;

22 (3) reading is the foundation of all educational

23 pursuits;

24 (4) the objective of schools, libraries, literacy pro25 grams, and early childhood development programs is
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1 to promote reading skills and prepare individuals for

2 a productive role in our society;

3 (5) individuals involved in the activities de4 scribed in paragraph (4) are less likely to be drawn

5 into negative social behavior such as alcohol and drug

6 abuse and criminal activity;

7 (6) a highly educated workforce in America is

8 directly tied to a strong economy and our national se9 curity;

10 (7) the increase in postal rates by the United

11 States Postal Service in the year 2000 for such read12 ing materials sent for these purposes was substan13 tially more than the increase for any other class of

14 mail and threatens the affordability and future dis15 tribution of such materials;

16 (8) failure to provide affordable access to reading

17 materials would seriously limit the fair and universal

18 distribution of books and classroom publications to

19 schools, libraries, literacy programs and early child20 hood development programs; and

21 (9) the Postal Service has the discretionary au22 thority to set postal rates.

23 (b) SENSE OF THE SENATE.—It is the sense of the Sen24 ate that, since educational materials sent to schools, librar25 ies, literacy programs, and early childhood development
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1 programs received the highest postal rate increase in the

2 year 2000 rate case, the United States Postal Service should

3 freeze the rates for those materials.

4 SEC. 1015. THE STUDY OF THE DECLARATION OF INDE5 PENDENCE, UNITED STATES CONSTITUTION,

6 AND THE FEDERALIST PAPERS.

7 It is the sense of Congress that—

8 (1) State and local governments and local edu9 cational agencies are encouraged to dedicate at least

10 1 day of learning to the study and understanding of

11 the significance of the Declaration of Independence,

12 the United States Constitution, and the Federalist

13 Papers; and

14 (2) State and local governments and local edu15 cational agencies are encouraged to include a require16 ment that, before receiving a certificate or diploma of

17 graduation from secondary school, students be tested

18 on the competency in understanding the Declaration

19 of Independence, the United States Constitution, and

20 the Federalist Papers.

21 SEC. 1016. STUDY AND RECOMMENDATION WITH RESPECT

22 TO SEXUAL ABUSE IN SCHOOLS.

23 (a) FINDINGS.—Congress finds that—
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1 (1) sexual abuse in schools between a student and

2 a member of the school staff or a student and another

3 student is a cause for concern in the United States;

4 (2) relatively few studies have been conducted on

5 sexual abuse in schools and the extent of this problem

6 is unknown;

7 (3) according to the Child Abuse and Neglect Re8 porting Act, a school administrator is required to re9 port any allegation of sexual abuse to the appropriate

10 authorities;

11 (4) an individual who is falsely accused of sex12 ual misconduct with a student deserves appropriate

13 legal and professional protections;

14 (5) it is estimated that many cases of sexual

15 abuse in schools are not reported; and

16 (6) many of the accused staff quietly resign at

17 their present school district and are then rehired at

18 a new district which has no knowledge of their alleged

19 abuse.

20 (b) STUDY AND RECOMMENDATIONS.—The Secretary

21 of Education in conjunction with the Attorney General

22 shall provide for the conduct of a comprehensive study of

23 the prevalence of sexual abuse in schools. Not later than

24 May 1, 2002, the Secretary and the Attorney General shall

25 prepare and submit to the appropriate committees of Con-
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1 gress and to State and local governments, a report con2 cerning the study conducted under this subsection, includ3 ing recommendations and legislative remedies for the prob4 lem of sexual abuse in schools.

5 SEC. 1017. SENSE OF SENATE ON THE PERCENTAGE OF FED6 ERAL EDUCATION FUNDING THAT IS SPENT

7 IN THE CLASSROOM.

8 (a) FINDINGS.—The Senate makes the following find9 ings:

10 (1) Effective and meaningful teaching begins by

11 helping children master basic academics, holding chil12 dren to high academic standards, using sound re13 search based methods of instruction in the classroom,

14 engaging and involving parents, establishing and

15 maintaining safe and orderly classrooms, and getting

16 funds to the classroom.

17 (2) America’s children deserve an educational

18 system that provides them with numerous opportuni19 ties to excel.

20 (3) States and localities spend a significant

21 amount of education tax dollars on bureaucratic red

22 tape by applying for and administering Federal edu23 cation dollars.

24 (4) Several States have reported that although

25 they receive less than 10 percent of their education
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1 funding from the Federal Government, more than 50

2 percent of their education paperwork and administra3 tion efforts are associated with those Federal funds.

4 (5) According to the Department of Education,

5 in 1998, 84 percent of the funds allocated by the De6 partment for elementary and secondary education

7 were allocated to local educational agencies and used

8 for instruction and instructional support.

9 (6) The remainder of the funds allocated by the

10 Department of Education for elementary and sec11 ondary education in 1998 was allocated to States,

12 universities, national programs, and other service

13 providers.

14 (7) The total spent by the Department of Edu15 cation for elementary and secondary education does

16 not take into account what States spend to receive

17 Federal funds and comply with Federal requirements

18 for elementary and secondary education, nor does it

19 reflect the percentage of Federal funds allocated to

20 school districts that is spent on students in the class21 room.

22 (8) American students are not performing up to

23 their full academic potential, despite significant Fed24 eral education initiatives and funding from a variety

25 of Federal agencies.
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1 (9) According to the Digest of Education Statis2 tics, only 54 percent of $278,965,657,000 spent on ele3 mentary and secondary education during the 1995–96

4 school year was spent on ‘‘instruction’’.

5 (10) According to the National Center for Edu6 cation Statistics, only 52 percent of staff employed in

7 public elementary and secondary school systems in

8 1996 were teachers, and, according to the General Ac9 counting Office, Federal education dollars funded

10 13,397 full-time equivalent positions in State edu11 cational agencies in fiscal year 1993.

12 (11) In fiscal year 1998, the paperwork and data

13 reporting requirements of the Department of Edu14 cation amounted to 40,000,000 so-called ‘‘burden

15 hours’’, which is equivalent to nearly 20,000 people

16 working 40 hours a week for one full year, time and

17 energy which would be better spent teaching children

18 in the classroom.

19 (12) Too large a percentage of Federal education

20 funds is spent on bureaucracy, special interests, and

21 ineffective programs, and too little is effectively and

22 efficiently spent on our America’s youth.

23 (13) Requiring an allocation of 95 percent of all

24 Federal elementary and secondary education funds to
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1 classrooms would provide substantial additional fund2 ing per classroom across the United States.

3 (14) More education funding should be put in

4 the hands of someone in a classroom who knows the

5 children personally and frequently interacts with the

6 children.

7 (15) Burdensome regulations, requirements, and

8 mandates should be refined, consolidated or removed

9 so that school districts can devote more resources to

10 educating children in classrooms.

11 (b) SENSE OF THE SENATE.—It is the sense of the Sen12 ate to urge the Department of Education, the States, and

13 local educational agencies to work together to ensure that

14 not less than 95 percent of all funds appropriated for car15 rying out elementary and secondary education programs

16 administered by the Department be spent to improve the

17 academic achievement of our children in their classrooms.

18 SEC. 1018. SENSE OF THE SENATE REGARDING BIBLE

19 TEACHING IN PUBLIC SCHOOLS.

20 (a) FINDINGS.—The Senate finds that—

21 (1) the Bible is the best selling, most widely read,

22 and most influential book in history;

23 (2) familiarity with the nature of religious be24 liefs is necessary to understanding history and con25 temporary events;
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1 (3) the Bible is worthy of study for its literary

2 and historic qualities;

3 (4) many public schools throughout America are

4 currently teaching the Bible as literature and/or his5 tory.

6 (b) SENSE OF SENATE.—It is the sense of the Senate

7 that nothing in this Act or any provision of law shall dis8 courage the teaching of the Bible in any public school.

9 SEC. 1019. SENIOR OPPORTUNITIES.

10 (a) TWENTY-FIRST CENTURY COMMUNITY LEARNING

11 CENTERS.—Section 1609(a)(2) (as amended in section 161)

12 is further amended—

13 (1) in subparagraph (G), by striking ‘‘and’’ after

14 the semicolon;

15 (2) in subparagraph (H), by striking the period

16 and inserting ‘‘; and’’; and

17 (3) by adding at the end the following:

18 ‘‘(I) if the organization plans to use seniors

19 as volunteers in activities carried out through

20 the center, a description of how the organization

21 will encourage and use appropriately qualified

22 seniors to serve as the volunteers.’’.

23 (b) SAFE AND DRUG-FREE SCHOOLS AND COMMU24 NITIES; GOVERNOR’S PROGRAMS.—Section 4114(d) (as

25 amended in section 401) is further amended—
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1 (1) in paragraph (14), by striking ‘‘and’’ after

2 the semicolon;

3 (2) in paragraph (15), by striking the period

4 and inserting ‘‘; and’’; and

5 (3) by adding at the end the following:

6 ‘‘(16) drug and violence prevention activities

7 that use the services of appropriately qualified sen8 iors.’’.

9 (c) SAFE AND DRUG-FREE SCHOOLS AND COMMU10 NITIES; LOCAL DRUG AND VIOLENCE PREVENTION PRO11 GRAMS.—Section 4116(b) (as amended in section 401) is

12 further amended—

13 (1) in paragraph (2)—

14 (A) in the matter preceding subparagraph

15 (A), by inserting ‘‘(including mentoring by ap16 propriately qualified seniors)’’ after ‘‘men17 toring’’; and

18 (B) in subparagraph (C)—

19 (i) in clause (i), by striking ‘‘and’’

20 after the semicolon;

21 (ii) in clause (ii), by inserting ‘‘and’’

22 after the semicolon; and

23 (iii) by adding at the end the fol24 lowing:
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1 ‘‘(iii) drug and violence prevention ac2 tivities that use the services of appro3 priately qualified seniors;’’;

4 (2) in paragraph (4)(C), by inserting ‘‘(includ5 ing mentoring by appropriately qualified seniors)’’

6 after ‘‘mentoring programs’’; and

7 (3) in paragraph (8), by inserting ‘‘, which may

8 involve appropriately qualified seniors working with

9 students’’ after ‘‘settings’’.

10 (d) SAFE AND DRUG-FREE SCHOOLS AND COMMU11 NITIES; FEDERAL ACTIVITIES.—Section 4121(a) (as

12 amended in section 401) is further amended—

13 (1) in paragraph (10), by inserting ‘‘, including

14 projects and activities that promote the interaction of

15 youth and appropriately qualified seniors’’ after ‘‘re16 sponsibility’’; and

17 (2) in paragraph (13), by inserting ‘‘, including

18 activities that integrate appropriately qualified sen19 iors in activities’’ after ‘‘title’’.

20 (e) INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE

21 EDUCATION; FORMULA GRANTS.—Section 7115(b) (as

22 amended in section 701) is further amended—

23 (1) in paragraph (10), by striking ‘‘and’’ after

24 the semicolon;
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1 (2) in paragraph (11), by striking the period

2 and inserting ‘‘; and’’; and

3 (3) by adding at the end the following:

4 ‘‘(12) activities that recognize and support the

5 unique cultural and educational needs of Indian chil6 dren, and incorporate appropriately qualified tribal

7 elders and seniors.’’.

8 (f) INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE

9 EDUCATION; SPECIAL PROGRAMS AND PROJECTS.—Section

10 7121(c)(1) (as amended in section 701) is further

11 amended—

12 (1) in subparagraph (K), by striking ‘‘or’’ after

13 the semicolon;

14 (2) in subparagraph (L), by striking ‘‘(L)’’ and

15 inserting ‘‘(M)’’; and

16 (3) by inserting after subparagraph (K) the fol17 lowing:

18 ‘‘(L) activities that recognize and support

19 the unique cultural and educational needs of In20 dian children, and incorporate appropriately

21 qualified tribal elders and seniors; or’’.

22 (g) INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE

23 EDUCATION; PROFESSIONAL DEVELOPMENT.—The second

24 sentence of section 7122(d)(1) (as amended in section 701)

25 is further amended by striking the period and inserting ‘‘,
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1 and may include programs designed to train tribal elders

2 and seniors.’’.

3 (h) INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE

4 EDUCATION; NATIVE HAWAIIAN PROGRAMS.—Section

5 7205(a)(3)(H) (as amended in section 701) is further

6 amended—

7 (1) in clause (ii), by striking ‘‘and’’ after the

8 semicolon;

9 (2) in clause (iii), by inserting ‘‘and’’ at the end;

10 and

11 (3) by adding at the end the following:

12 ‘‘(iv) programs that recognize and sup13 port the unique cultural and educational

14 needs of Native Hawaiian children, and in15 corporate appropriately qualified Native

16 Hawaiian elders and seniors;’’.

17 (i) INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE

18 EDUCATION; ALASKA NATIVE PROGRAMS.—Section

19 7304(a)(2)(F) (as amended in section 701) is further

20 amended—

21 (1) in clause (i), by striking ‘‘and’’ after the

22 semicolon;

23 (2) in clause (ii), by inserting ‘‘and’’ after the

24 semicolon; and

25 (3) by adding at the end the following:
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1 ‘‘(iii) may include activities that rec2 ognize and support the unique cultural and

3 educational needs of Alaskan Native chil4 dren, and incorporate appropriately quali5 fied Alaskan Native elders and seniors;’’.

6 SEC. 1020. IMPACT AID PAYMENTS RELATING TO FEDERAL

7 ACQUISITION OF REAL PROPERTY.

8 Section 8002 (20 U.S.C. 7702), as amended by section

9 1803 of the Floyd D. Spence National Defense Authoriza10 tion Act for Fiscal Year 2001 (as enacted into law by Public

11 Law 106–398), is amended—

12 (1) in subsection (h)(4), by striking subpara13 graph (B) and inserting the following:

14 ‘‘(B) the Secretary shall make a payment to

15 each local educational agency that is eligible to

16 receive a payment under this section for the fis17 cal year involved in an amount that bears the

18 same relation to 75 percent of the remainder as

19 a percentage share determined for the local edu20 cational agency (as determined by dividing the

21 maximum amount that such agency is eligible to

22 receive under subsection (b) by the total max23 imum amounts that all such local educational

24 agencies are eligible to receive under such sub25 section) bears to the percentage share determined
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1 (in the same manner) for all local educational

2 agencies eligible to receive a payment under this

3 section for the fiscal year involved, except that

4 for purposes of calculating a local educational

5 agency’s maximum payment under subsection

6 (b), data from the most current fiscal year shall

7 be used.’’; and

8 (2) by adding at the end the following:

9 ‘‘(n) LOSS OF ELIGIBILITY.—

10 ‘‘(1) IN GENERAL.—Notwithstanding any other

11 provision of this section, the Secretary shall make a

12 minimum payment to a local educational agency de13 scribed in paragraph (2), for the first fiscal year that

14 the agency loses eligibility for assistance under this

15 section as a result of property located within the

16 school district served by the agency failing to meet the

17 definition of Federal property under section

18 8013(5)(C)(iii), in an amount equal to 90 percent of

19 the amount received by the agency under this section

20 in the preceding year.

21 ‘‘(2) ELIGIBLE LOCAL EDUCATIONAL AGEN22 CIES.—A local educational agency described in this

23 paragraph is an agency that—

24 ‘‘(A) was eligible for, and received, a pay25 ment under this section for fiscal year 2002; and
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1 ‘‘(B) beginning in fiscal year 2003 or a

2 subsequent fiscal year, is no longer eligible for

3 payments under this section as provided for in

4 subsection (a)(1)(C) as a result of the transfer of

5 the Federal property involved to a non-Federal

6 entity.’’.

7 SEC. 1021. IMPACT AID TECHNICAL AMENDMENTS.

8 (a) FEDERAL PROPERTY PAYMENTS.—Section 8002(h)

9 (20 U.S.C. 7702(h)) (as amended by section 1803(c) of the

10 Impact Aid Reauthorization Act of 2000 (as enacted into

11 law by section 1 of Public Law 106-398)) is amended—

12 (1) in paragraph (1)—

13 (A) in subparagraph (A), by striking ‘‘and

14 was eligible to receive a payment under section

15 2 of the Act of September 30, 1950’’ and insert16 ing ‘‘and that filed, or has been determined pur17 suant to law to have filed, a timely application

18 and met, or has been determined pursuant to

19 law to meet, the eligibility requirements of sec20 tion 2(a)(1)(C) of the Act of September 30,

21 1950’’; and

22 (B) in subparagraph (B), by striking ‘‘(or

23 if the local educational agency was not eligible

24 to receive a payment under such section 2 for fis25 cal year 1994,’’ and inserting ‘‘(or if the local
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1 educational agency did not meet, or has not been

2 determined pursuant to law to meet, the eligi3 bility requirements under section 2(a)(1)(C) of

4 the Act Of September 20, 1950, for fiscal year

5 1994,’’.

6 (2) in paragraph (2)—

7 (A) in subparagraph (A), by inserting be8 fore the period the following: ‘‘, or whose appli9 cation for fiscal year 1995 was deemed by law

10 to be timely filed for the purpose of payments for

11 later years’’; and

12 (B) in subparagraph (B)(ii), by striking

13 ‘‘for each local educational agency that received

14 a payment under this section for fiscal year

15 1995’’ and inserting ‘‘for each local educational

16 agency described in subparagraph (A)’’; and

17 (3) in paragraph (4)(B)—

18 (A) by striking ‘‘(in the same manner as

19 percentage shares are determined for local edu20 cational agencies under paragraph (2)(B)(ii)’’

21 and inserting ‘‘(by dividing the maximum

22 amount that the agency is eligible to receive

23 under subsection (b) by the total of the max24 imum amounts for all such agencies’’; and
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1 (B) by striking ‘‘, except that for the pur2 pose of calculating a local educational agency’s

3 assessed value of the Federal property,’’ and in4 serting ‘‘, except that, for the purpose of calcu5 lating a local educational agency’s maximum

6 amount under subsection (b),’’.

7 (b) CALCULATION OF PAYMENT UNDER SECTION 8003

8 FOR SMALL LOCAL EDUCATIONAL AGENCIES.—Section

9 8003(b)(3)(B)(iv) (20 U.S.C. 7703(b)(3)(B)(iv)) (as amend10 ed by section 1806(b)(2)(C) of the Impact Aid Reauthoriza11 tion Act of 2000 (as enacted into law by section 1 of Public

12 Law 106-398)) is amended by inserting after ‘‘of the State

13 in which the agency is located’’ the following: ‘‘or less than

14 the average per pupil expenditure of all the States’’.

15 (c) STATE CONSIDERATION OF PAYMENTS IN PRO16 VIDING STATE AID.—Section 8009(b)(1) (20 U.S.C. 7709

17 (b)(1)) (as amended by section 1812(b)(1) of the Impact Aid

18 Reauthorization Act of 2000 (as enacted into law by section

19 1 of Public Law 106-398)) is amended by inserting after

20 ‘‘section 8003(a)(2)(B))’’ the following: ‘‘and, with respect

21 to a local educational agency that receives a payment under

22 section 8003(b)(2), the amount in excess of the amount that

23 the agency would receive if the agency were deemed to be

24 an agency eligible to receive a payment under paragraph

25 (1) of section 8003(b)’’.
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1 (d) EXTENSION OF AUTHORIZATION OF APPROPRIA2 TIONS.—Section 8014 (20 U.S.C. 7714) (as amended by sec3 tion 1817(b)(1) of the Impact Aid Reauthorization Act of

4 2000 (as enacted into law by section 1 of Public Law 106-

5 398)) is amended—

6 (1) in subsection (a), by striking ‘‘three suc7 ceeding’’ and inserting ‘‘six succeeding’’’;

8 (2) in subsection (b), by striking ‘‘three suc9 ceeding’’ and inserting ‘‘′′six succeeding’’;

10 (3) in subsection (c), by striking ‘‘three suc11 ceeding’’ and inserting ‘‘six succeeding’’;

12 (4) in subsection (e), by striking ‘‘three suc13 ceeding’’ and inserting ‘‘six succeeding’’;

14 (5) in subsection (f), by striking ‘‘three suc15 ceeding’’ and inserting ‘‘six succeeding’’; and

16 (6) in subsection (g), by striking ‘‘three suc17 ceeding’’ and inserting ‘‘six succeeding’’.

18 SEC. 1022. SENSE OF THE SENATE REGARDING SCIENCE

19 EDUCATION.

20 It is the sense of the Senate that—

21 (1) good science education should prepare stu22 dents to distinguish the data or testable theories of

23 science from philosophical or religious claims that are

24 made in the name of science; and
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1 (2) where biological evolution is taught, the cur2 riculum should help students to understand why this

3 subject generates so much continuing controversy, and

4 should prepare the students to be informed partici5 pants in public discussions regarding the subject.

6 SEC. 1023. SCHOOL FACILITY MODERNIZATION GRANTS.

7 Subsection (b) of section 8007 (20 U.S.C. 7707(b)) (as

8 amended by section 1811 of the Impact Aid Reauthorization

9 Act of 2000 (as enacted into law by section 1 of Public Law

10 106-398)) is amended to read as follows:

11 ‘‘(b) SCHOOL FACILITY MODERNIZATION GRANTS AU12 THORIZED.—

13 ‘‘(1) FUNDING AND ALLOCATION.—

14 ‘‘(A) FUNDING.—From 60 percent of the

15 amount appropriated for each fiscal year under

16 section 8014(e), the Secretary shall award grants

17 in accordance with this subsection to eligible

18 local educational agencies to enable the local edu19 cational agencies to carry out modernization of

20 school facilities.

21 ‘‘(B) ALLOCATION.—From amounts made

22 available for a fiscal year under subparagraph

23 (A), the Secretary shall allocate—
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1 ‘‘(i) 10 percent of such amount for

2 grants to local educational agencies de3 scribed in paragraph (2)(A);

4 ‘‘(ii) 45 percent of such amount for

5 grants to local educational agencies de6 scribed in paragraph (2)(B), of which, 10

7 percent shall be available for emergency

8 grants that shall not be subject to the re9 quirements of subparagraphs (A) and (B) of

10 paragraph (4); and

11 ‘‘(iii) 45 percent of such amount for

12 grants to local educational agencies de13 scribed in paragraph (2)(C), of which, 10

14 percent shall be available for emergency

15 grants that shall not be subject to the re16 quirements of subparagraphs (A) and (B) of

17 paragraph (4).

18 ‘‘(C) SPECIAL RULE.—A local educational

19 agency described in clauses (ii) and (iii) of sub20 paragraph (B) may use grant funds made avail21 able under this subsection for a school facility lo22 cated on or near Federal property only if the

23 school facility is located at a school where not

24 less than 25 percent of the children in average

25 daily attendance in the school for the preceding
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1 school year are children for which a determina2 tion is made under section 8003(a)(1).

3 ‘‘(2) ELIGIBILITY REQUIREMENTS.—A local edu4 cational agency is eligible to receive funds under this

5 subsection only if—

6 ‘‘(A) such agency received assistance under

7 section 8002(a) for the fiscal year and has an as8 sessed value of taxable property per student in

9 the school district that is less than the average of

10 the assessed value of taxable property per student

11 in the State in which the local educational agen12 cy is located;

13 ‘‘(B) such agency had an enrollment of chil14 dren determined under section 8003(a)(1)(C)

15 which constituted at least 25 percent of the num16 ber of children who were in average daily attend17 ance in the schools of such agency during the

18 school year preceding the school year for which

19 the determination is made; or

20 ‘‘(C) such agency had an enrollment of chil21 dren determined under subparagraphs (A), (B),

22 and (D) of section 8003(a)(1) which constituted

23 at least 25 percent of the number of children who

24 were in average daily attendance in the schools

25 of such agency during the school year preceding
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1 the school year for which the determination is

2 made.

3 ‘‘(3) AWARD CRITERIA.—In awarding grants

4 under this subsection, the Secretary shall review ap5 plications submitted with respect to each type of

6 agency represented by local educational agencies that

7 qualify under each of subparagraphs (A), (B), and

8 (C) of paragraph (2). In evaluating an application,

9 the Secretary shall consider the following criteria:

10 ‘‘(A) The extent to which the local edu11 cational agency lacks the fiscal capacity to un12 dertake the modernization project without Fed13 eral assistance.

14 ‘‘(B) The extent to which property in the

15 local educational agency is nontaxable due to the

16 presence of the Federal Government.

17 ‘‘(C) The extent to which the local edu18 cational agency serves high numbers or percent19 ages of children described in subparagraphs (A),

20 (B), (C), and (D) of section 8003(a)(1).

21 ‘‘(D) The need for modernization to meet—

22 ‘‘(i) the threat that the condition of the

23 school facility poses to the health, safety,

24 and well-being of students;
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1 ‘‘(ii) overcrowding conditions as evi2 denced by the use of trailers and portable

3 buildings and the potential for future over4 crowding because of increased enrollment;

5 and

6 ‘‘(iii) facility needs resulting from ac7 tions of the Federal Government.

8 ‘‘(E) The age of the school facility to be

9 modernized.

10 ‘‘(4) OTHER AWARD PROVISIONS.—

11 ‘‘(A) AMOUNT.—In determining the amount

12 of a grant awarded under this subsection; the

13 Secretary shall consider the cost of the mod14 ernization and the ability of the local edu15 cational agency to produce sufficient funds to

16 carry out the activities for which assistance is

17 sought.

18 ‘‘(B) FEDERAL SHARE.—The Federal funds

19 provided under this subsection to a local edu20 cational agency shall not exceed 50 percent of the

21 total cost of the project to be assisted under this

22 subsection. A local educational agency may use

23 in-kind contributions, excluding land contribu24 tions, to meet the matching requirement of the

25 preceding sentence.
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1 ‘‘(C) MAXIMUM GRANT.—A local edu2 cational agency described in this subsection may

3 not receive a grant under this subsection in an

4 amount that exceeds $5,000,000 during any 2-

5 year period.

6 ‘‘(5) APPLICATIONS.—A local educational agency

7 that desires to receive a grant under this subsection

8 shall submit an application to the Secretary, at such

9 time, in such manner, and accompanied by such in10 formation as the Secretary may require. Each appli11 cation shall contain—

12 ‘‘(A) a listing of the school facilities to be

13 modernized, including the number and percent14 age of children determined under section

15 8003(a)(1) in average daily attendance in each

16 school facility;

17 ‘‘(B) a description of the ownership of the

18 property on which the current school facility is

19 located or on which the planned school facility

20 will be located;

21 ‘‘(C) a description of how the local edu22 cational agency meets the award criteria under

23 paragraph (3);
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1 ‘‘(D) a description of the modernization to

2 be supported with funds provided under this sub3 section;

4 ‘‘(E) a cost estimate of the proposed mod5 ernization; and

6 ‘‘(F) such other information and assurances

7 as the Secretary may reasonably require.

8 ‘‘(6) EMERGENCY GRANTS.—

9 ‘‘(A) APPLICATIONS.—Each local edu10 cational agency applying for a grant under

11 paragraph (1)(B)(ii) or (1)(b)(iii) that desires a

12 grant under this subsection shall include in the

13 application submitted under paragraph (5) a

14 signed statement from an appropriate local offi15 cial certifying that a health or safety emergency

16 exists.

17 ‘‘(B) SPECIAL RULES.—The Secretary shall

18 make every effort to meet fully the school facility

19 needs of local educational agencies applying for

20 a grant under paragraph (1)(B)(ii) or

21 (1)(B)(iii).

22 ‘‘(C) PRIORITY.—If the Secretary receives

23 more than one application from local edu24 cational agencies described in paragraph

25 (1)(B)(ii) or (1)(B)(iii) for grants under this
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1 subsection for any fiscal year, the Secretary shall

2 give priority to local educational agencies based

3 on the severity of the emergency, as determined

4 by the peer review group and the Secretary, and

5 when the application was received.

6 ‘‘(D) CONSIDERATION FOR FOLLOWING

7 YEAR.—A local educational agency described in

8 paragraph (2) that applies for a grant under

9 this subsection for any fiscal year and does not

10 receive the grant shall have the application for

11 the grant considered for the following fiscal year,

12 subject to the priority described in subparagraph

13 (C).

14 ‘‘(7) GENERAL LIMITATIONS.—

15 ‘‘(A) REAL PROPERTY.—No grant funds

16 awarded under this subsection shall be used for

17 the acquisition of any interest in real property.

18 ‘‘(B) MAINTENANCE.—Nothing in this sub19 section shall be construed to authorize the pay20 ment of maintenance costs in connection with

21 any school facility modernized in whole or in

22 part with Federal funds provided under this sub23 section.

24 ‘‘(C) ENVIRONMENTAL SAFEGUARDS.—All

25 projects carried out with Federal funds provided
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1 under this subsection shall comply with all rel2 evant Federal, State, and local environmental

3 laws and regulations.

4 ‘‘(D) ATHLETIC AND SIMILAR SCHOOL FA5 CILITIES.—No Federal funds received under this

6 subsection shall be used for outdoor stadiums or

7 other school facilities that are primarily used for

8 athletic contests or exhibitions, or other events,

9 for which admission is charged to the general

10 public.

11 ‘‘(8) SUPPLEMENT NOT SUPPLANT.—An eligible

12 local educational agency shall use funds received

13 under this subsection only to supplement the amount

14 of funds that would, in the absence of such Federal

15 funds, be made available from non-Federal sources for

16 the modernization of school facilities used for edu17 cational purposes, and not to supplant such funds.’’.

18 SEC. 1024. DEPARTMENT OF EDUCATION CAMPAIGN TO

19 PROMOTE ACCESS OF ARMED FORCES RE20 CRUITERS TO STUDENT DIRECTORY INFOR21 MATION.

22 (a) FINDINGS.—The Senate makes the following find23 ings:

24 (1) Service in the Armed Forces of the United

25 States is voluntary.
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1 (2) Recruiting quality persons in the numbers

2 necessary to maintain the strengths of the Armed

3 Forces authorized by Congress is vital to the United

4 States national defense.

5 (3) Recruiting quality servicemembers is very

6 challenging, and as a result, Armed Forces recruiters

7 must devote extraordinary time and effort to their

8 work in order to fill monthly requirements for imme9 diate accessions.

10 (4) In meeting goals for recruiting high quality

11 men and women, each of the Armed Forces faces in12 tense competition from the other Armed Forces, from

13 the private sector, and from institutions offering post14 secondary education.

15 (5) Despite a variety of innovative approaches

16 taken by recruiters, and the extensive benefits that are

17 available to those who join the Armed Forces, it is be18 coming increasingly difficult for the Armed Forces to

19 meet recruiting goals.

20 (6) A number of high schools across the country

21 have denied recruiters access to students or to student

22 directory information.

23 (7) In 1999, the Army was denied access to stu24 dents or student directories on 4,515 occasions, the

25 Navy was denied access to students or student direc-
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1 tories on 4,364 occasions, the Marine Corps was de2 nied access to students or student directories on 4,884

3 occasions, and the Air Force was denied access to stu4 dents or student directories on 5,465 occasions.

5 (8) As of the beginning of 2000, nearly 25 per6 cent of all high schools in the United States did not

7 release student directory information requested by

8 Armed Forces recruiters.

9 (9) In testimony presented to the Committee on

10 Armed Services of the Senate, recruiters stated that

11 the single biggest obstacle to carrying out the recruit12 ing mission was denial of access to student directory

13 information, as the student directory is the basic tool

14 of the recruiter.

15 (10) Denying recruiters direct access to students

16 and to student directory information unfairly hurts

17 the youth of the United States, as it prevents students

18 from receiving important information on the edu19 cation and training benefits offered by the Armed

20 Forces and impairs students’ decisionmaking on ca21 reers by limiting the information on the options

22 available to them.

23 (11) Denying recruiters direct access to students

24 and to student directory information undermines

25 United States national defense, and makes it more
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1 difficult to recruit high quality young Americans in

2 numbers sufficient to maintain the readiness of the

3 Armed Forces and to provide for the national secu4 rity.

5 (12) Section 503 of title 10, United States Code,

6 requires local educational agencies, as of July 1,

7 2002, to provide recruiters access to secondary schools

8 on the same basis that those agencies provide access

9 to representatives of colleges, universities, and private

10 sector employers.

11 (b) CAMPAIGN TO PROMOTE ACCESS.—

12 (1) REPORT.—Not later than 30 days after the

13 date of enactment of this Act, each State shall trans14 mit to the Secretary of Education a list of each

15 school, if any, in that State that—

16 (A) during the 12 months preceding the

17 date of enactment of this Act, has denied access

18 to students or to student directory information to

19 a military recruiter; or

20 (B) has in effect a policy to deny access to

21 students or to student directory information to

22 military recruiters.

23 (2) EDUCATION PROGRAM.—

24 (A) IN GENERAL.—The Secretary of Edu25 cation, in consultation with the Secretary of De-
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1 fense, shall, not later than 90 days after the date

2 of enactment of this Act, make awards to States

3 and schools using no more than $3,000,000 of

4 funds available under section 6205(c) of the Ele5 mentary and Secondary Education Act to edu6 cate principals, school administrators, and other

7 educators regarding career opportunities in the

8 Armed Forces, and the access standard required

9 under section 503 of title 10, United States Code.

10 (B) TARGETED SCHOOLS.—In selecting

11 schools for awards required under subparagraph

12 (A), the Secretary shall give priority to selecting

13 schools that are included on the lists transmitted

14 to Congress under paragraph (1).

15 SEC. 1025. MILITARY RECRUITING ON CAMPUS.

16 (a) DENIAL OF FUNDS.—

17 (1) PROHIBITION.—No funds available to the De18 partment of Defense may be provided by grant or

19 contract to any institution of higher education (in20 cluding any school of law, whether or not accredited

21 by the American Bar Association) that has a policy

22 of denying, or which effectively prevents, the Sec23 retary of Defense from obtaining for military recruit24 ing purposes—
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1 (A) entry to campuses or access to students

2 on campuses; or

3 (B) access to directory information per4 taining to students.

5 (2) EXEMPTION.—Institutions in paragraph (1)

6 shall be exempt if they have a long-standing policy of

7 pacifism based on historical religious affiliation.

8 (3) COVERED STUDENTS.—Students referred to

9 in paragraph (1) are individuals who are 17 years of

10 age or older.

11 (b) PROCEDURES FOR DETERMINATION.—The Sec12 retary of Defense, in consultation with the Secretary of

13 Education, shall prescribe regulations that contain proce14 dures for determining if and when an educational institu15 tion has denied or prevented access to students or informa16 tion described in subsection (a).

17 (c) DEFINITION.—For purposes of this section, the

18 term ‘‘directory information’’ means, with respect to a stu19 dent, the student’s name, address, telephone listing, date

20 and place of birth, level of education, degrees received, and

21 the most recent previous educational institution enrolled in

22 by the student.
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1 SEC. 1026. MAINTAINING FUNDING FOR THE INDIVIDUALS

2 WITH DISABILITIES EDUCATION ACT.

3 Section 611 of the Individuals with Disabilities Edu4 cation Act is amended to add the following new subsection:

5 ‘‘(k) CONTINUATION OF AUTHORIZATION.—For fiscal

6 year 2012 and each fiscal year thereafter, there are author7 ized to be appropriated such sums as may be necessary for

8 the purpose of carrying out this part, other than section

9 619.’’.

10 SEC. 1027. SCHOOL RESOURCE OFFICER PROJECTS.

11 (a) COPS PROGRAM.—Section 1701(d) of title I of the

12 Omnibus Crime Control and Safe Streets Act of 1968 (42

13 U.S.C. 3796dd(d)) is amended—

14 (1) in paragraph (7) by inserting ‘‘school offi15 cials,’’ after ‘‘enforcement officers’’; and

16 (2) by striking paragraph (8) and inserting the

17 following:

18 ‘‘(8) establish school-based partnerships between local

19 law enforcement agencies and local school systems, by

20 using school resource officers who operate in and

21 around elementary and secondary schools to serve as

22 a law enforcement liaison with other Federal, State,

23 and local law enforcement and regulatory agencies,

24 combat school-related crime and disorder problems,

25 gang membership and criminal activity, firearms and

26 explosives-related incidents, illegal use and possession
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1 of alcohol, and the illegal possession, use, and dis2 tribution of drugs;’’.

3 (b) SCHOOL RESOURCE OFFICER.—Section 1709(4) of

4 title I of the Omnibus Crime Control and Safe Streets Act

5 of 1968 (42 U.S.C. 3796dd–8) is amended—

6 (1) by striking subparagraph (A) and inserting

7 the following:

8 ‘‘(A) to serve as a law enforcement liaison with

9 other Federal, State, and local law enforcement

10 and regulatory agencies, to address and docu11 ment crime and disorder problems including

12 gangs and drug activities, firearms and explo13 sives-related incidents, and the illegal use and

14 possession of alcohol affecting or occurring in or

15 around an elementary or secondary school;

16 (2) by striking subparagraph (E) and inserting

17 the following:

18 ‘‘(E) to train students in conflict resolution, re19 storative justice, and crime awareness, and to

20 provide assistance to and coordinate with other

21 officers, mental health professionals, and youth

22 counselors who are responsible for the implemen23 tation of prevention/intervention programs with24 in the schools;’’; and

25 (3) by adding at the end the following:
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1 ‘‘(H) to work with school administrators,

2 members of the local parent teacher associations,

3 community organizers, law enforcement, fire de4 partments, and emergency medical personnel in

5 the creation, review, and implementation of a

6 school violence prevention plan;

7 ‘‘(I) to assist in documenting the full de8 scription of all firearms found or taken into cus9 tody on school property and to initiate a fire10 arms trace and ballistics examination for each

11 firearm with the local office of the Bureau of Al12 cohol, Tobacco, and Firearms;

13 ‘‘(J) to document the full description of all

14 explosives or explosive devices found or taken

15 into custody on school property and report to the

16 local office of the Bureau of Alcohol, Tobacco,

17 and Firearms; and

18 ‘‘(K) to assist school administrators with

19 the preparation of the Department of Education,

20 Annual Report on State Implementation of the

21 Gun-Free Schools Act which tracks the number of

22 students expelled per year for bringing a weap23 on, firearm, or explosive to school.’’.

24 (c) AUTHORIZATION OF APPROPRIATIONS.—Section

25 1001(a)(11) of title I of the Omnibus Crime Control and
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1 Safe Streets Act of 1968 (42 U.S.C. 3793(a)(11)) is amend2 ed by adding at the end the following:

3 ‘‘(C) There are authorized to be appropriated to carry

4 out school resource officer activities under sections

5 1701(d)(8) and 1709(4), to remain available until expended

6 $180,000,000 for each of fiscal year 2002 through 2007.’’.

7 SEC. 1028. BOYS AND GIRLS CLUBS OF AMERICA.

8 Section 401 of the Economic Espionage Act of 1966

9 (42 U.S.C. 13751 note) is amended—

10 (1) in subsection (a)(2)—

11 (A) by striking ‘‘1,000’’ and inserting

12 ‘‘1,200’’;

13 (B) by striking ‘‘2,500’’ and inserting

14 ‘‘4,000’’; and

15 (C) by striking ‘‘December 31, 1999’’ and

16 inserting ‘‘December 31, 2006, serving not less

17 than 6,000,000 young people’’;

18 (2) in subsection (c)—

19 (A) in paragraph (1), by striking ‘‘1997,

20 1998, 1999, 2000, and 2001’’ and inserting

21 ‘‘2002, 2003, 2004, 2005, and 2006’’; and

22 (B) in paragraph (2)—

23 (i) in the matter preceding subpara24 graph (A), by striking ‘‘90 days’’ and in25 serting ‘‘30 days’’;
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1 (ii) in subparagraph (A), by striking

2 ‘‘1,000’’ and inserting ‘‘1,200’’; and

3 (iii) in subparagraph (B), by striking

4 ‘‘2,500 Boys and Girls Clubs of America fa5 cilities in operation before January 1,

6 2000’’ and inserting ‘‘4,000 Boys and Girls

7 Clubs of America facilities in operation be8 fore January 1, 2007’’; and

9 (3) in subsection (e), by striking paragraph (1)

10 and inserting the following:

11 ‘‘(1) IN GENERAL.—There are authorized to be

12 appropriated to carry out this section—

13 ‘‘(A) $60,000,000 for fiscal year 2002;

14 ‘‘(B) $60,000,000 for fiscal year 2003;

15 ‘‘(C) $60,000,000 for fiscal year 2004;

16 ‘‘(D) $60,000,000 for fiscal year 2005; and

17 ‘‘(E) $60,000,000 for fiscal year 2006.’’.

18 SEC. 1029. FEDERAL INCOME TAX INCENTIVE STUDY.

19 (a) IN GENERAL.—The Secretary of Education shall

20 provide for the conduct of a study to examine whether Fed21 eral income tax incentives that provide education assistance

22 affect higher education tuition rates.

23 (b) DATE.—The study described in subsection (a) shall

24 be conducted not later than 6 months after the date of enact25 ment of this Act and every 4 years thereafter.
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1 (c) REPORT.—The Secretary shall report to Congress

2 the results of each study conducted under this section.

3 SEC. 1030. CARL D. PERKINS VOCATIONAL AND TECHNICAL

4 EDUCATION ACT OF 1998.

5 (a) IN GENERAL.—Section 117 of the Carl D. Perkins

6 Vocational and Technical Education Act of 1998 (20 U.S.C.

7 2327) is amended—

8 (1) in subsection (a), by inserting ‘‘that are not

9 receiving Federal support under the Tribally Con10 trolled College or University Assistance Act of 1978

11 (25 U.S.C. 1801 et seq.) or the Navajo Community

12 College Act (25 U.S.C. 640a et seq.)’’ after ‘‘institu13 tions’’;

14 (2) in subsection (b), by adding ‘‘institutional

15 support of’’ after ‘‘for’’;

16 (3) in subsection (d), by inserting ‘‘that is not

17 receiving Federal support under the Tribally Con18 trolled College or University Assistance Act of 1978

19 (25 U.S.C. 1801 et seq.) or the Navajo Community

20 College Act (25 U.S.C. 640a et seq.)’’ after ‘‘institu21 tion’’; and

22 (4) in subsection (e)(1)—

23 (A) by striking ‘‘and’’ at the end of sub24 paragraph (B);
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1 (B) by striking the period at the end of sub2 paragraph (C) and inserting ‘‘; and’’; and

3 (C) by adding at the end the following:

4 ‘‘(D) institutional support of vocational

5 and technical education.’’.

6 (b) EFFECTIVE DATE.—

7 (1) IN GENERAL.—The amendments made by

8 subsection (a) shall take effect on the date of enact9 ment of this Act.

10 (2) APPLICATION.—The amendments made by

11 subsection (a) shall apply to grants made for fiscal

12 year 2001 only if this Act is enacted before September

13 30, 2001.

14 SEC. 1031. SENSE OF CONGRESS ON ENHANCING AWARE15 NESS OF THE CONTRIBUTIONS OF VETERANS

16 TO THE NATION.

17 (a) FINDINGS.—Congress makes the following findings

18 (1) Tens of millions of Americans have served in

19 the Armed Forces of the United States during the past

20 century.

21 (2) Hundreds of thousands of Americans have

22 given their lives while serving in the Armed Forces

23 during the past century.
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1 (3) The contributions and sacrifices of the men

2 and women who served in the Armed Forces have been

3 vital in maintaining our freedoms and way of life.

4 (4) The advent of the all-volunteer Armed Forces

5 has resulted in a sharp decline in the number of indi6 viduals and families who have had any personal con7 nection with the Armed Forces.

8 (5) This reduction in familiarity with the Armed

9 Forces has resulted in a marked decrease in the

10 awareness by young people of the nature and impor11 tance of the accomplishments of those who have served

12 in our Armed Forces, despite the current educational

13 efforts of the Department of Veterans Affairs and the

14 veterans service organizations.

15 (6) Our system of civilian control of the Armed

16 Forces makes it essential that the Nation’s future

17 leaders understand the history of military action and

18 the contributions and sacrifices of those who conduct

19 such actions.

20 (7) Senate Resolution 304 of the 106th Congress,

21 adopted on September 25, 2000, designated the week

22 that includes Veterans Day as ‘‘National Veterans

23 Awareness Week’’ to focus attention on educating ele24 mentary and secondary school students about the con25 tributions of veterans to the Nation.
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1 (b) SENSE OF CONGRESS.—It is the sense of the Con2 gress that the Secretary of Education should work with the

3 Secretary of Veterans Affairs, the Veterans Day National

4 Committee, and the veterans service organizations to en5 courage, prepare, and disseminate educational materials

6 and activities for elementary and secondary school students

7 aimed at increasing awareness of the contributions of vet8 erans to the prosperity and freedoms enjoyed by United

9 States citizens.

10 SEC. 1032. TECHNICAL AMENDMENT TO THE KIDS 2000 ACT.

11 Amounts appropriated pursuant to section 112(f)(1)

12 of the Kids 2000 Act (42 U.S.C. 13751 note) and the initia13 tive to be carried out under such Act shall be administered

14 by the Secretary of Education.

15 SEC. 1033. PEST MANAGEMENT IN SCHOOLS.

16 (a) SHORT TITLE.—This section may be cited as the

17 ‘‘School Environment Protection Act of 2001’’.

18 (b) PEST MANAGEMENT.—The Federal Insecticide,

19 Fungicide, and Rodenticide Act is amended—

20 (1) by redesignating sections 33 and 34 (7

21 U.S.C. 136x, 136y) as sections 34 and 35, respec22 tively; and

23 (2) by inserting after section 32 (7 U.S.C. 136w–

24 7) the following:
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1 ‘‘SEC. 33. PEST MANAGEMENT IN SCHOOLS.

2 ‘‘(a) DEFINITIONS.—In this section:

3 ‘‘(1) BAIT.—The term ‘bait’ means a pesticide

4 that contains an ingredient that serves as a feeding

5 stimulant, odor, pheromone, or other attractant for a

6 target pest.

7 ‘‘(2) CONTACT PERSON.—The term ‘contact per8 son’ means an individual who is—

9 ‘‘(A) knowledgeable about school pest man10 agement plans; and

11 ‘‘(B) designated by a local educational

12 agency to carry out implementation of the school

13 pest management plan of a school.

14 ‘‘(3) EMERGENCY.—The term ‘emergency’ means

15 an urgent need to mitigate or eliminate a pest that

16 threatens the health or safety of a student or staff

17 member.

18 ‘‘(4) LOCAL EDUCATIONAL AGENCY.—The term

19 ‘local educational agency’ has the meaning given the

20 term in section 3 of the Elementary and Secondary

21 Education Act of 1965.

22 ‘‘(5) SCHOOL.—

23 ‘‘(A) IN GENERAL.—The term ‘school’ means

24 a public—
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1 ‘‘(i) elementary school (as defined in

2 section 3 of the Elementary and Secondary

3 Education Act of 1965);

4 ‘‘(ii) secondary school (as defined in

5 section 3 of the Act);

6 ‘‘(iii) kindergarten or nursery school

7 that is part of an elementary school or sec8 ondary school; or

9 ‘‘(iv) tribally-funded school.

10 ‘‘(B) INCLUSIONS.—The term ‘school’ in11 cludes any school building, and any area outside

12 of a school building (including a lawn, play13 ground, sports field, and any other property or

14 facility), that is controlled, managed, or owned

15 by the school or school district.

16 ‘‘(6) SCHOOL PEST MANAGEMENT PLAN.—The

17 term ‘school pest management plan’ means a pest

18 management plan developed under subsection (b).

19 ‘‘(7) STAFF MEMBER.—

20 ‘‘(A) IN GENERAL.—The term ‘staff member’

21 means a person employed at a school or local

22 educational agency.

23 ‘‘(B) EXCLUSIONS.—The term ‘staff mem24 ber’ does not include—
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1 ‘‘(i) a person hired by a school, local

2 educational agency, or State to apply a pes3 ticide; or

4 ‘‘(ii) a person assisting in the applica5 tion of a pesticide.

6 ‘‘(8) STATE AGENCY.—The term ‘State agency’

7 means the an agency of a State, or an agency of an

8 Indian tribe or tribal organization (as those terms

9 are defined in section 4 of the Indian Self-Determina10 tion and Education Assistance Act (25 U.S.C. 450b)),

11 that exercises primary jurisdiction over matters relat12 ing to pesticide regulation.

13 ‘‘(9) UNIVERSAL NOTIFICATION.—The term ‘uni14 versal notification’ means notice provided by a local

15 educational agency or school to—

16 ‘‘(A) parents, legal guardians, or other per17 sons with legal standing as parents of each child

18 attending the school; and

19 ‘‘(B) staff members of the school.

20 ‘‘(b) SCHOOL PEST MANAGEMENT PLANS.—

21 ‘‘(1) STATE PLANS.—

22 ‘‘(A) GUIDANCE.—As soon as practicable

23 (but not later than 180 days) after the date of

24 enactment of the School Environment Protection
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1 Act of 2001, the Administrator shall develop, in

2 accordance with this section—

3 ‘‘(i) guidance for a school pest manage4 ment plan; and

5 ‘‘(ii) a sample school pest management

6 plan.

7 ‘‘(B) PLAN.—As soon as practicable (but

8 not later than 1 year) after the date of enact9 ment of the School Environment Protection Act

10 of 2001, each State agency shall develop and sub11 mit to the Administrator for approval, as part

12 of the State cooperative agreement under section

13 23, a school pest management plan for local edu14 cational agencies in the State.

15 ‘‘(C) COMPONENTS.—A school pest manage16 ment plan developed under subparagraph (B)

17 shall, at a minimum—

18 ‘‘(i) implement a system that—

19 ‘‘(I) eliminates or mitigates health

20 risks, or economic or aesthetic damage,

21 caused by pests;

22 ‘‘(II) employs—

23 ‘‘(aa) integrated methods;

24 ‘‘(bb) site or pest inspection;
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1 ‘‘(cc) pest population moni2 toring; and

3 ‘‘(dd) an evaluation of the

4 need for pest management; and

5 ‘‘(III) is developed taking into

6 consideration pest management alter7 natives (including sanitation, struc8 tural repair, and mechanical, biologi9 cal, cultural, and pesticide strategies)

10 that minimize health and environ11 mental risks;

12 ‘‘(ii) require, for pesticide applications

13 at the school, universal notification to be

14 provided—

15 ‘‘(I) at the beginning of the school

16 year;

17 ‘‘(II) at the midpoint of the school

18 year; and

19 ‘‘(III) at the beginning of any

20 summer session, as determined by the

21 school;

22 ‘‘(iii) establish a registry of staff mem23 bers of a school, and of parents, legal guard24 ians, or other persons with legal standing as

25 parents of each child attending the school,
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1 that have requested to be notified in ad2 vance of any pesticide application at the

3 school;

4 ‘‘(iv) establish guidelines that are con5 sistent with the definition of a school pest

6 management plan under subsection (a);

7 ‘‘(v) require that each local educational

8 agency use a certified applicator or a per9 son authorized by the State agency to im10 plement the school pest management plans;

11 ‘‘(vi) be consistent with the State coop12 erative agreement under section 23; and

13 ‘‘(vii) require the posting of signs in

14 accordance with paragraph (4)(G).

15 ‘‘(D) APPROVAL BY ADMINISTRATOR.—Not

16 later than 90 days after receiving a school pest

17 management plan submitted by a State agency

18 under subparagraph (B), the Administrator

19 shall—

20 ‘‘(i) determine whether the school pest

21 management plan, at a minimum, meets

22 the requirements of subparagraph (C); and

23 ‘‘(ii)(I) if the Administrator deter24 mines that the school pest management plan

25 meets the requirements, approve the school
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1 pest management plan as part of the State

2 cooperative agreement; or

3 ‘‘(II) if the Administrator determines

4 that the school pest management plan does

5 not meet the requirements—

6 ‘‘(aa) disapprove the school pest

7 management plan;

8 ‘‘(bb) provide the State agency

9 with recommendations for and assist10 ance in revising the school pest man11 agement plan to meet the requirements;

12 and

13 ‘‘(cc) provide a 90-day deadline

14 by which the State agency shall resub15 mit the revised school pest management

16 plan to obtain approval of the plan, in

17 accordance with the State cooperative

18 agreement.

19 ‘‘(E) DISTRIBUTION OF STATE PLAN TO

20 SCHOOLS.—On approval of the school pest man21 agement plan of a State agency, the State agency

22 shall make the school pest management plan

23 available to each local educational agency in the

24 State.
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1 ‘‘(F) EXCEPTION FOR EXISTING STATE

2 PLANS.—If, on the date of enactment of the

3 School Environment Protection Act of 2001, a

4 State has implemented a school pest management

5 plan that, at a minimum, meets the require6 ments under subparagraph (C) (as determined

7 by the Administrator), the State agency may

8 maintain the school pest management plan and

9 shall not be required to develop a new school pest

10 management plan under subparagraph (B).

11 ‘‘(2) IMPLEMENTATION BY LOCAL EDUCATIONAL

12 AGENCIES.—

13 ‘‘(A) IN GENERAL.—Not later than 1 year

14 after the date on which a local educational agen15 cy receives a copy of a school pest management

16 plan of a State agency under paragraph (1)(E),

17 the local educational agency shall develop and

18 implement in each of the schools under the juris19 diction of the local educational agency a school

20 pest management plan that meets the standards

21 and requirements under the school pest manage22 ment plan of the State agency, as determined by

23 the Administrator.

24 ‘‘(B) EXCEPTION FOR EXISTING PLANS.—If,

25 on the date of enactment of the School Environ-
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1 ment Protection Act of 2001, a State maintains

2 a school pest management plan that, at a min3 imum, meets the standards and criteria estab4 lished under this section (as determined by the

5 Administrator), and a local educational agency

6 in the State has implemented the State school

7 pest management plan, the local educational

8 agency may maintain the school pest manage9 ment plan and shall not be required to develop

10 and implement a new school pest management

11 plan under subparagraph (A).

12 ‘‘(C) APPLICATION OF PESTICIDES AT

13 SCHOOLS.—A school pest management plan shall

14 prohibit—

15 ‘‘(i) the application of a pesticide to

16 any area or room at a school while the area

17 or room is occupied or in use by students

18 or staff members (except students and staff

19 participating in regular or vocational agri20 cultural instruction involving the use of

21 pesticides); and

22 ‘‘(ii) the use by students or staff mem23 bers of an area or room treated with a pes24 ticide by broadcast spraying, baseboard

25 spraying, tenting, or fogging during—
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1 ‘‘(I) the period specified on the

2 label of the pesticide during which a

3 treated area or room should remain

4 unoccupied; or

5 ‘‘(II) if there is no period speci6 fied on the label, the 24-hour period be7 ginning at the end of the treatment.

8 ‘‘(3) CONTACT PERSON.—

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

10 agency shall designate a contact person to carry

11 out a school pest management plan in schools

12 under the jurisdiction of the local educational

13 agency.

14 ‘‘(B) DUTIES.—The contact person of a

15 local educational agency shall—

16 ‘‘(i) maintain information about the

17 scheduling of pesticide applications in each

18 school under the jurisdiction of the local

19 educational agency;

20 ‘‘(ii) act as a contact for inquiries, and

21 disseminate information requested by par22 ents or guardians, about the school pest

23 management plan;

24 ‘‘(iii) maintain and make available to

25 parents, legal guardians, or other persons
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1 with legal standing as parents of each child

2 attending the school, before and during the

3 notice period and after application—

4 ‘‘(I) copies of material safety data

5 sheet for pesticides applied at the

6 school, or copies of material safety data

7 sheets for end-use dilutions of pes8 ticides applied at the school, if data

9 sheets are available;

10 ‘‘(II) labels and fact sheets ap11 proved by the Administrator for all

12 pesticides that may be used by the local

13 educational agency; and

14 ‘‘(III) any final official informa15 tion related to the pesticide, as pro16 vided to the local educational agency

17 by the State agency; and

18 ‘‘(iv) for each school, maintain all pes19 ticide use data for each pesticide used at the

20 school (other than antimicrobial pesticides

21 (as defined in clauses (i) and (ii) of section

22 2(mm)(1)(A))) for at least 3 years after the

23 date on which the pesticide is applied; and

24 ‘‘(v) make that data available for in25 spection on request by any person.
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1 ‘‘(4) NOTIFICATION.—

2 ‘‘(A) UNIVERSAL NOTIFICATION.—At the be3 ginning of each school year, at the midpoint of

4 each school year, and at the beginning of any

5 summer session (as determined by the school), a

6 local educational agency or school shall provide

7 to staff members of a school, and to parents, legal

8 guardians, and other persons with legal standing

9 as parents of students enrolled at the school, a

10 notice describing the school pest management

11 plan that includes—

12 ‘‘(i) a summary of the requirements

13 and procedures under the school pest man14 agement plan;

15 ‘‘(ii) a description of any potential

16 pest problems that the school may experi17 ence (including a description of the proce18 dures that may be used to address those

19 problems);

20 ‘‘(iii) the address, telephone number,

21 and website address of the Office of Pes22 ticide Programs of the Environmental Pro23 tection Agency; and
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1 ‘‘(iv) the following statement (includ2 ing information to be supplied by the school

3 as indicated in brackets):

4 ‘As part of a school pest management plan, lllll

5 (insert school name) may use pesticides to control pests. The

6 Environmental Protection Agency (EPA) and lllll

7 (insert name of State agency exercising jurisdiction over

8 pesticide registration and use) registers pesticides for that

9 use. EPA continues to examine registered pesticides to de10 termine that use of the pesticides in accordance with in11 structions printed on the label does not pose unreasonable

12 risks to human health and the environment. Nevertheless,

13 EPA cannot guarantee that registered pesticides do not pose

14 risks, and unnecessary exposure to pesticides should be

15 avoided. Based in part on recommendations of a 1993 study

16 by the National Academy of Sciences that reviewed reg17 istered pesticides and their potential to cause unreasonable

18 adverse effects on human health, particularly on the health

19 of pregnant women, infants, and children, Congress enacted

20 the Food Quality Protection Act of 1996. That law requires

21 EPA to reevaluate all registered pesticides and new pes22 ticides to measure their safety, taking into account the

23 unique exposures and sensitivity that pregnant women, in24 fants, and children may have to pesticides. EPA review

25 under that law is ongoing. You may request to be notified
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1 at least 24 hours in advance of pesticide applications to

2 be made and receive information about the applications by

3 registering with the school. Certain pesticides used by the

4 school (including baits, pastes, and gels) are exempt from

5 notification requirements. If you would like more informa6 tion concerning any pesticide application or any product

7 used at the school, contact lllll (insert name and

8 phone number of contact person)’.

9 ‘‘(B) NOTIFICATION TO PERSONS ON REG10 ISTRY.—

11 ‘‘(i) IN GENERAL.—Except as provided

12 in clause (ii) and paragraph (5)—

13 ‘‘(I) notice of an upcoming pes14 ticide application at a school shall be

15 provided to each person on the registry

16 of the school not later than 24 hours

17 before the end of the last business day

18 during which the school is in session

19 that precedes the day on which the ap20 plication is to be made; and

21 ‘‘(II) the application of a pes22 ticide for which a notice is given under

23 subclause (I) shall not commence before

24 the end of the business day.
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1 ‘‘(ii) NOTIFICATION CONCERNING PES2 TICIDES USED IN CURRICULA.—If pesticides

3 are used as part of a regular vocational ag4 ricultural curriculum of the school, a notice

5 containing the information described in

6 subclauses (I), (IV), (VI), and (VII) of

7 clause (iii) for all pesticides that may be

8 used as a part of that curriculum shall be

9 provided to persons on the registry only

10 once at the beginning of each academic term

11 of the school.

12 ‘‘(iii) CONTENTS OF NOTICE.—A notice

13 under clause (i) shall contain—

14 ‘‘(I) the trade name, common

15 name (if applicable), and Environ16 mental Protection Agency registration

17 number of each pesticide to be applied;

18 ‘‘(II) a description of each loca19 tion at the school at which a pesticide

20 is to be applied;

21 ‘‘(III) a description of the date

22 and time of application, except that, in

23 the case of an outdoor pesticide appli24 cation, a notice shall include at least 3

25 dates, in chronological order, on which
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1 the outdoor pesticide application may

2 take place if the preceding date is can3 celed;

4 ‘‘(IV) all information supplied to

5 the local educational agency by the

6 State agency, including a description

7 of potentially acute and chronic effects

8 that may result from exposure to each

9 pesticide to be applied based on—

10 ‘‘(aa) a description of poten11 tially acute and chronic effects

12 that may result from exposure to

13 each pesticide to be applied, as

14 stated on the label of the pesticide

15 approved by the Administrator;

16 ‘‘(bb) information derived

17 from the material safety data

18 sheet for the end-use dilution of

19 the pesticide to be applied (if

20 available) or the material safety

21 data sheets; and

22 ‘‘(cc) final, official informa23 tion related to the pesticide pre24 pared by the Administrator and
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1 provided to the local educational

2 agency by the State agency;

3 ‘‘(V) a description of the purpose

4 of the application of the pesticide;

5 ‘‘(VI) the address, telephone num6 ber, and website address of the Office of

7 Pesticide Programs of the Environ8 mental Protection Agency; and

9 ‘‘(VII) the statement described in

10 subparagraph (A)(iv) (other than the

11 ninth sentence of that statement).

12 ‘‘(C) NOTIFICATION AND POSTING EXEMP13 TION.—A notice or posting of a sign under sub14 paragraph (A), (B), or (G) shall not be required

15 for the application at a school of—

16 ‘‘(i) an antimicrobial pesticide;

17 ‘‘(ii) a bait, gel, or paste that is

18 placed—

19 ‘‘(I) out of reach of children or in

20 an area that is not accessible to chil21 dren; or

22 ‘‘(II) in a tamper-resistant or

23 child-resistant container or station;

24 and
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1 ‘‘(iii) any pesticide that, as of the date

2 of enactment of the School Environment

3 Protection Act of 2001, is exempt from the

4 requirements of this Act under section 25(b)

5 (including regulations promulgated at sec6 tion 152 of title 40, Code of Federal Regula7 tions (or any successor regulation)).

8 ‘‘(D) NEW STAFF MEMBERS AND STU9 DENTS.—After the beginning of each school year,

10 a local educational agency or school within a

11 local educational agency shall provide each no12 tice required under subparagraph (A) to—

13 ‘‘(i) each new staff member who is em14 ployed during the school year; and

15 ‘‘(ii) the parent or guardian of each

16 new student enrolled during the school year.

17 ‘‘(E) METHOD OF NOTIFICATION.—A local

18 educational agency or school may provide a no19 tice under this subsection, using information de20 scribed in paragraph (4), in the form of—

21 ‘‘(i) a written notice sent home with

22 the students and provided to staff members;

23 ‘‘(ii) a telephone call;

24 ‘‘(iii) direct contact;
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1 ‘‘(iv) a written notice mailed at least

2 1 week before the application; or

3 ‘‘(v) a notice delivered electronically

4 (such as through electronic mail or fac5 simile).

6 ‘‘(F) REISSUANCE.—If the date of the appli7 cation of the pesticide needs to be extended be8 yond the period required for notice under this

9 paragraph, the school shall issue a notice con10 taining only the new date and location of appli11 cation.

12 ‘‘(G) POSTING OF SIGNS.—

13 ‘‘(i) IN GENERAL.—Except as provided

14 in paragraph (5)—

15 ‘‘(I) a school shall post a sign not

16 later than the last business day during

17 which school is in session preceding the

18 date of application of a pesticide at the

19 school; and

20 ‘‘(II) the application for which a

21 sign is posted under subclause (I) shall

22 not commence before the time that is

23 24 hours after the end of the business

24 day on which the sign is posted.
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1 ‘‘(ii) LOCATION.—A sign shall be post2 ed under clause (i)—

3 ‘‘(I) at a central location notice4 able to individuals entering the build5 ing; and

6 ‘‘(II) at the proposed site of appli7 cation.

8 ‘‘(iii) ADMINISTRATION.—A sign re9 quired to be posted under clause (i) shall—

10 ‘‘(I) remain posted for at least 24

11 hours after the end of the application;

12 ‘‘(II) be—

‘‘(aa) at least 81 13 ⁄2 inches by

14 11 inches for signs posted inside

15 the school; and

16 ‘‘(bb) at least 4 inches by 5

17 inches for signs posted outside the

18 school; and

19 ‘‘(III) contain—

20 ‘‘(aa) information about the

21 pest problem for which the appli22 cation is necessary;

23 ‘‘(bb) the name of each pes24 ticide to be used;

25 ‘‘(cc) the date of application;
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1 ‘‘(dd) the name and tele2 phone number of the designated

3 contact person; and

4 ‘‘(ee) the statement contained

5 in subparagraph (A)(iv).

6 ‘‘(iv) OUTDOOR PESTICIDE APPLICA7 TIONS.—

8 ‘‘(I) IN GENERAL.—In the case of

9 an outdoor pesticide application at a

10 school, each sign shall include at least

11 3 dates, in chronological order, on

12 which the outdoor pesticide application

13 may take place if the preceding date is

14 canceled.

15 ‘‘(II) DURATION OF POSTING.—A

16 sign described in subclause (I) shall be

17 posted after an outdoor pesticide appli18 cation in accordance with clauses (ii)

19 and (iii).

20 ‘‘(5) EMERGENCIES.—

21 ‘‘(A) IN GENERAL.—A school may apply a

22 pesticide at the school without complying with

23 this part in an emergency, subject to subpara24 graph (B).
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1 ‘‘(B) SUBSEQUENT NOTIFICATION OF PAR2 ENTS, GUARDIANS, AND STAFF MEMBERS.—Not

3 later than the earlier of the time that is 24 hours

4 after a school applies a pesticide under this

5 paragraph or on the morning of the next busi6 ness day, the school shall provide to each parent

7 or guardian of a student listed on the registry,

8 a staff member listed on the registry, and the

9 designated contact person, notice of the applica10 tion of the pesticide in an emergency that

11 includes—

12 ‘‘(i) the information required for a no13 tice under paragraph (4)(G); and

14 ‘‘(ii) a description of the problem and

15 the factors that required the application of

16 the pesticide to avoid a threat to the health

17 or safety of a student or staff member.

18 ‘‘(C) METHOD OF NOTIFICATION.—The

19 school may provide the notice required by para20 graph (B) by any method of notification de21 scribed in paragraph (4)(E).

22 ‘‘(D) POSTING OF SIGNS.—Immediately

23 after the application of a pesticide under this

24 paragraph, a school shall post a sign warning of
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1 the pesticide application in accordance with

2 clauses (ii) through (iv) of paragraph (4)(B).

3 ‘‘(c) RELATIONSHIP TO STATE AND LOCAL REQUIRE4 MENTS.—Nothing in this section (including regulations

5 promulgated under this section)—

6 ‘‘(1) precludes a State or political subdivision of

7 a State from imposing on local educational agencies

8 and schools any requirement under State or local law

9 (including regulations) that is more stringent than

10 the requirements imposed under this section; or

11 ‘‘(2) establishes any exception under, or affects

12 in any other way, section 24(b).

13 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There

14 are authorized to be appropriated such sums as are nec15 essary to carry out this section.’’.

16 (c) CONFORMING AMENDMENT.—The table of contents

17 in section 1(b) of the Federal Insecticide, Fungicide, and

18 Rodenticide Act (7 U.S.C. prec. 121) is amended by striking

19 the items relating to sections 30 through 32 and inserting

20 the following:

‘‘Sec. 30. Minimum requirements for training of maintenance applicators and

service technicians.

‘‘Sec. 31. Environmental Protection Agency minor use program.

‘‘Sec. 32. Department of Agriculture minor use program.

‘‘(a) In general.

‘‘(b)(1) Minor use pesticide data.

‘‘(2) Minor Use Pesticide Data Revolving Fund.

‘‘Sec. 33. Pest management in schools.

‘‘(a) Definitions.

‘‘(1) Bait.

‘‘(2) Contact person.

‘‘(3) Emergency.
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‘‘(4) Local educational agency.

‘‘(5) School.

‘‘(6) Staff member.

‘‘(7) State agency.

‘‘(8) Universal notification.

‘‘(b) School pest management plans.

‘‘(1) State plans.

‘‘(2) Implementation by local educational agencies.

‘‘(3) Contact person.

‘‘(4) Notification.

‘‘(5) Emergencies.

‘‘(c) Relationship to State and local requirements.

‘‘(d) Authorization of appropriations.

‘‘Sec. 34. Severability.

‘‘Sec. 35. Authorization of appropriations.’’.

1 (d) EFFECTIVE DATE.—This section and the amend2 ments made by this section take effect on October 1, 2001.

3 TITLE XI—TEACHER

4 PROTECTION

5 SEC. 1101. TEACHER PROTECTION.

6 The Act (20 U.S.C. 6301 et seq.) is amended by adding

7 at the end the following:

8 ‘‘TITLE X—TEACHER

9 PROTECTION

10 ‘‘SEC. 10001. SHORT TITLE.

11 ‘‘This title may be cited as the ‘Paul D. Coverdell

12 Teacher Protection Act of 2001’.

13 ‘‘SEC. 10002. FINDINGS AND PURPOSE.

14 ‘‘(a) FINDINGS.—Congress makes the following find15 ings:

16 ‘‘(1) The ability of teachers, principals and other

17 school professionals to teach, inspire and shape the in18 tellect of our Nation’s elementary and secondary
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1 school students is deterred and hindered by frivolous

2 lawsuits and litigation.

3 ‘‘(2) Each year more and more teachers, prin4 cipals and other school professionals face lawsuits for

5 actions undertaken as part of their duties to provide

6 millions of school children quality educational oppor7 tunities.

8 ‘‘(3) Too many teachers, principals and other

9 school professionals face increasingly severe and ran10 dom acts of violence in the classroom and in schools.

11 ‘‘(4) Providing teachers, principals and other

12 school professionals a safe and secure environment is

13 an important part of the effort to improve and ex14 pand educational opportunities, which are critical for

15 the continued economic development of the United

16 States.

17 ‘‘(5) Frivolous lawsuits against teachers main18 taining order in the classroom impose significant fi19 nancial burdens on local educational agencies, and

20 deprive the agencies of funds that would best be used

21 for educating students.

22 ‘‘(6) Clarifying and limiting the liability of

23 teachers, principals and other school professionals

24 who undertake reasonable actions to maintain order,

25 discipline and an appropriate educational environ-
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1 ment is an appropriate subject of Federal legislation

2 because—

3 ‘‘(A) the scope of the problems created by the

4 legitimate fears of teachers, principals and other

5 school professionals about frivolous, arbitrary or

6 capricious lawsuits against teachers is of na7 tional importance; and

8 ‘‘(B) millions of children and their families

9 across the Nation depend on teachers, principals

10 and other school professionals for the intellectual

11 development of children.

12 ‘‘(b) PURPOSE.—The purpose of this title is to provide

13 teachers, principals and other school professionals the tools

14 they need to undertake reasonable actions to maintain

15 order, discipline, and an appropriate educational environ16 ment.

17 ‘‘SEC. 10003. PREEMPTION AND ELECTION OF STATE NON18 APPLICABILITY.

19 ‘‘(a) PREEMPTION.—This title preempts the laws of

20 any State to the extent that such laws are inconsistent with

21 this title, except that this title shall not preempt any State

22 law that provides additional protection from liability relat23 ing to teachers.

24 ‘‘(b) ELECTION OF STATE REGARDING NONAPPLICA25 BILITY.—This title shall not apply to any civil action in
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1 a State court against a teacher with respect to claims aris2 ing within that State if such State enacts a statute in ac3 cordance with State requirements for enacting legislation—

4 ‘‘(1) citing the authority of this subsection;

5 ‘‘(2) declaring the election of such State that this

6 title shall not apply, as of a date certain, to such civil

7 action in the State; and

8 ‘‘(3) containing no other provisions.

9 ‘‘SEC. 10004. LIMITATION ON LIABILITY FOR TEACHERS.

10 ‘‘(a) LIABILITY PROTECTION FOR TEACHERS.—Except

11 as provided in subsections (b) through (d), no teacher in

12 a school shall be liable for harm caused by an act or omis13 sion of the teacher on behalf of the school if—

14 ‘‘(1) the teacher was acting within the scope of

15 the teacher’s employment or responsibilities related to

16 providing educational services;

17 ‘‘(2) the actions of the teacher were carried out

18 in conformity with local, State, and Federal laws (in19 cluding rules and regulations) in furtherance of ef20 forts to control, discipline, expel, or suspend a student

21 or maintain order or control in the classroom or

22 school;

23 ‘‘(3) if appropriate or required, the teacher was

24 properly licensed, certified, or authorized by the ap25 propriate authorities for the activities or practice in
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1 the State in which the harm occurred, where the ac2 tivities were or practice was undertaken within the

3 scope of the teacher’s responsibilities;

4 ‘‘(4) the harm was not caused by willful or

5 criminal misconduct, gross negligence, reckless mis6 conduct, or a conscious, flagrant indifference to the

7 rights or safety of the individual harmed by the teach8 er; and

9 ‘‘(5) the harm was not caused by the teacher op10 erating a motor vehicle, vessel, aircraft, or other vehi11 cle for which the State requires the operator or the

12 owner of the vehicle, craft, or vessel to—

13 ‘‘(A) possess an operator’s license; or

14 ‘‘(B) maintain insurance.

15 ‘‘(b) CONCERNING RESPONSIBILITY OF TEACHERS TO

16 SCHOOLS AND GOVERNMENTAL ENTITIES.—Nothing in this

17 section shall be construed to affect any civil action brought

18 by any school or any governmental entity against any

19 teacher of such school.

20 ‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec21 tion shall be construed to affect any State or local law (in22 cluding a rule or regulation) or policy pertaining to the

23 use of corporal punishment.

24 ‘‘(d) EXCEPTIONS TO TEACHER LIABILITY PROTEC25 TION.—If the laws of a State limit teacher liability subject
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1 to 1 or more of the following conditions, such conditions

2 shall not be construed as inconsistent with this section:

3 ‘‘(1) A State law that requires a school or gov4 ernmental entity to adhere to risk management proce5 dures, including mandatory training of teachers.

6 ‘‘(2) A State law that makes the school or gov7 ernmental entity liable for the acts or omissions of its

8 teachers to the same extent as an employer is liable

9 for the acts or omissions of its employees.

10 ‘‘(3) A State law that makes a limitation of li11 ability inapplicable if the civil action was brought by

12 an officer of a State or local government pursuant to

13 State or local law.

14 ‘‘(e) LIMITATION ON PUNITIVE DAMAGES BASED ON

15 THE ACTIONS OF TEACHERS.—

16 ‘‘(1) GENERAL RULE.—Punitive damages may

17 not be awarded against a teacher in an action

18 brought for harm based on the action or omission of

19 a teacher acting within the scope of the teacher’s re20 sponsibilities to a school or governmental entity un21 less the claimant establishes by clear and convincing

22 evidence that the harm was proximately caused by an

23 action or omission of such teacher which constitutes

24 willful or criminal misconduct, or a conscious, fla-
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1 grant indifference to the rights or safety of the indi2 vidual harmed.

3 ‘‘(2) CONSTRUCTION.—Paragraph (1) does not

4 create a cause of action for punitive damages and

5 does not preempt or supersede any Federal or State

6 law to the extent that such law would further limit

7 the award of punitive damages.

8 ‘‘(f) EXCEPTIONS TO LIMITATIONS ON LIABILITY.—

9 ‘‘(1) IN GENERAL.—The limitations on the liabil10 ity of a teacher under this title shall not apply to any

11 misconduct that—

12 ‘‘(A) constitutes a crime of violence (as that

13 term is defined in section 16 of title 18, United

14 States Code) or act of international terrorism (as

15 that term is defined in section 2331 of title 18,

16 United States Code) for which the defendant has

17 been convicted in any court;

18 ‘‘(B) involves a sexual offense, as defined by

19 applicable State law, for which the defendant has

20 been convicted in any court;

21 ‘‘(C) involves misconduct for which the de22 fendant has been found to have violated a Fed23 eral or State civil rights law; or

24 ‘‘(D) where the defendant was under the in25 fluence (as determined pursuant to applicable
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1 State law) of intoxicating alcohol or any drug at

2 the time of the misconduct.

3 ‘‘(2) HIRING.—The limitations on the liability of

4 a teacher under this title shall not apply to mis5 conduct during background investigations, or during

6 other actions, involved in the hiring of a teacher.

7 ‘‘SEC. 10005. LIABILITY FOR NONECONOMIC LOSS.

8 ‘‘(a) GENERAL RULE.—In any civil action against a

9 teacher, based on an action or omission of a teacher acting

10 within the scope of the teacher’s responsibilities to a school

11 or governmental entity, the liability of the teacher for non12 economic loss shall be determined in accordance with sub13 section (b).

14 ‘‘(b) AMOUNT OF LIABILITY.—

15 ‘‘(1) IN GENERAL.—Each defendant who is a

16 teacher, shall be liable only for the amount of non17 economic loss allocated to that defendant in direct

18 proportion to the percentage of responsibility of that

19 defendant (determined in accordance with paragraph

20 (2)) for the harm to the claimant with respect to

21 which that defendant is liable. The court shall render

22 a separate judgment against each defendant in an

23 amount determined pursuant to the preceding sen24 tence.
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1 ‘‘(2) PERCENTAGE OF RESPONSIBILITY.—For

2 purposes of determining the amount of noneconomic

3 loss allocated to a defendant who is a teacher under

4 this section, the trier of fact shall determine the per5 centage of responsibility of each person responsible for

6 the claimant’s harm, whether or not such person is a

7 party to the action.

8 ‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec9 tion shall be construed to preempt or supersede any Federal

10 or State law that further limits the application of joint li11 ability in a civil action described in subsection (a), beyond

12 the limitations established in this section.

13 ‘‘SEC. 10006. DEFINITIONS.

14 ‘‘For purposes of this title:

15 ‘‘(1) ECONOMIC LOSS.—The term ‘economic loss’

16 means any pecuniary loss resulting from harm (in17 cluding the loss of earnings or other benefits related

18 to employment, medical expense loss, replacement

19 services loss, loss due to death, burial costs, and loss

20 of business or employment opportunities) to the extent

21 recovery for such loss is allowed under applicable

22 State law.

23 ‘‘(2) HARM.—The term ‘harm’ includes physical,

24 nonphysical, economic, and noneconomic losses.
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1 ‘‘(3) NONECONOMIC LOSSES.—The term ‘non2 economic losses’ means losses for physical and emo3 tional pain, suffering, inconvenience, physical im4 pairment, mental anguish, disfigurement, loss of en5 joyment of life, loss of society and companionship,

6 loss of consortium (other than loss of domestic serv7 ice), hedonic damages, injury to reputation and all

8 other nonpecuniary losses of any kind or nature.

9 ‘‘(4) SCHOOL.—The term ‘school’ means a public

10 or private kindergarten, a public or private elemen11 tary school or secondary school (as defined in section

12 14101, or a home school.

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

14 several States of the United States, the District of Co15 lumbia, the Commonwealth of Puerto Rico, the

16 United States Virgin Islands, Guam, American

17 Samoa, the Commonwealth of the Northern Mariana

18 Islands, any other territory or possession of the

19 United States, or any political subdivision of any

20 such State, territory, or possession.

21 ‘‘(6) TEACHER.—The term ‘teacher’ means a

22 teacher, instructor, principal, administrator, other

23 educational professional that works in a school, or an

24 individual member of a school board (as distinct from

25 the board itself).
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1 ‘‘SEC. 10007. EFFECTIVE DATE.

2 ‘‘(a) IN GENERAL.—This title shall take effect 90 days

3 after the date of the enactment of the Paul D. Coverdell

4 Teacher Protection Act of 2001.

5 ‘‘(b) APPLICATION.—This title applies to any claim for

6 harm caused by an act or omission of a teacher if that claim

7 is filed on or after the effective date of the Paul D. Coverdell

8 Teacher Protection Act of 2001, without regard to whether

9 the harm that is the subject of the claim or the conduct

10 that caused the harm occurred before such effective date.’’.

11 TITLE XII—NATIVE AMERICAN

12 EDUCATION IMPROVEMENT

13 SEC. 1201. SHORT TITLE.

14 This title may be cited as the ‘‘Native American Edu15 cation Improvement Act of 2001’’.

16 Subtitle A—Amendments to the

17 Education Amendments of 1978

18 SEC. 1211. AMENDMENTS TO THE EDUCATION AMEND19 MENTS OF 1978.

20 Part B of title XI of the Education Amendments of

21 1978 (25 U.S.C. 2001 et seq.) is amended to read as follows:

22 ‘‘PART B—BUREAU OF INDIAN AFFAIRS

23 PROGRAMS

24 ‘‘SEC. 1120. FINDING AND POLICY.

25 ‘‘(a) FINDING.—Congress finds and recognizes that—
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1 ‘‘(1) the Federal Government’s unique and con2 tinuing trust relationship with and responsibility to

3 the Indian people includes the education of Indian

4 children; and

5 ‘‘(2) the Federal Government has the responsi6 bility for the operation and financial support of the

7 Bureau of Indian Affairs funded school system that

8 the Federal Government has established on or near

9 reservations and Indian trust lands throughout the

10 Nation for Indian children.

11 ‘‘(b) POLICY.—It is the policy of the United States to

12 work in full cooperation with tribes toward the goal of as13 suring that the programs of the Bureau of Indian Affairs

14 funded school system are of the highest quality and provide

15 for the basic elementary and secondary educational needs

16 of Indian children, including meeting the unique edu17 cational and cultural needs of these children.

18 ‘‘SEC. 1121. ACCREDITATION FOR THE BASIC EDUCATION

19 OF INDIAN CHILDREN IN BUREAU OF INDIAN

20 AFFAIRS SCHOOLS.

21 ‘‘(a) PURPOSE; DECLARATIONS OF PURPOSE.—

22 ‘‘(1) PURPOSE.—The purpose of the accredita23 tion required under this section shall be to ensure that

24 Indian students being served by a school funded by

25 the Bureau of Indian Affairs are provided with edu-
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1 cational opportunities that equal or exceed those for

2 all other students in the United States.

3 ‘‘(2) DECLARATIONS OF PURPOSE.—

4 ‘‘(A) IN GENERAL.—Local school boards for

5 schools operated by the Bureau of Indian Affairs,

6 in cooperation and consultation with the appro7 priate tribal governing bodies and their commu8 nities, are encouraged to adopt declarations of

9 purpose for education for their communities, tak10 ing into account the implications of such dec11 larations on education in their communities and

12 for their schools. In adopting such declarations of

13 purpose, the school boards shall consider the ef14 fect the declarations may have on the motivation

15 of students and faculties.

16 ‘‘(B) CONTENTS.—A declaration of purpose

17 for a community shall—

18 ‘‘(i) represent the aspirations of the

19 community for the kinds of people the com20 munity would like the community’s children

21 to become; and

22 ‘‘(ii) contain an expression of the com23 munity’s desires that all students in the

24 community shall—
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1 ‘‘(I) become accomplished in

2 things and ways important to the stu3 dents and respected by their parents

4 and community;

5 ‘‘(II) shape worthwhile and satis6 fying lives for themselves;

7 ‘‘(III) exemplify the best values of

8 the community and humankind; and

9 ‘‘(IV) become increasingly effective

10 in shaping the character and quality of

11 the world all students share.

12 ‘‘(b) ACCREDITATION.—

13 ‘‘(1) DEADLINE.—

14 ‘‘(A) IN GENERAL.—Not later than 12

15 months after the date of enactment of the Native

16 American Education Improvement Act of 2001,

17 each Bureau funded school shall, to the extent

18 that necessary funds are provided, be a can19 didate for accreditation or be accredited—

20 ‘‘(i) by a tribal department of edu21 cation if such accreditation is accepted by a

22 generally recognized State certification or

23 regional accrediting agency;

24 ‘‘(ii) by a regional accreditation agen25 cy;
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1 ‘‘(iii) in accordance with State accred2 itation standards for the State in which the

3 school is located; or

4 ‘‘(iv) in the case of a school that is lo5 cated on a reservation that is located in

6 more than 1 State, in accordance with the

7 State accreditation standards of 1 State as

8 selected by the tribal government.

9 ‘‘(B) FEASIBILITY STUDY.—Not later than

10 12 months after the date of enactment of the Na11 tive American Education Improvement Act of

12 2001, the Secretary of the Interior and the Sec13 retary of Education shall, in conjunction with

14 Indian tribes, Indian education organizations,

15 and accrediting agencies, develop and submit to

16 the appropriate Committees of Congress a report

17 on the desirability and feasibility of establishing

18 a National Tribal Accreditation Agency that

19 would serve as an accrediting body for Bureau

20 funded schools.

21 ‘‘(2) DETERMINATION OF ACCREDITATION TO BE

22 APPLIED.—The accreditation type applied for each

23 school shall be determined by the tribal governing

24 body, or the school board, if authorized by the tribal

25 governing body.
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1 ‘‘(3) ASSISTANCE TO SCHOOL BOARDS.—The Sec2 retary, through contracts and grants, shall provide

3 technical and financial assistance to Bureau funded

4 schools, to the extent that necessary amounts are made

5 available, to enable such schools to obtain the accredi6 tation required under this subsection, if the school

7 boards request that such assistance, in part or in

8 whole, be provided. The Secretary may provide such

9 assistance directly or through the Department of Edu10 cation, an institution of higher education, a private

11 not-for profit organization or for-profit organization,

12 an educational service agency, or another entity with

13 demonstrated experience in assisting schools in ob14 taining accreditation.

15 ‘‘(4) APPLICATION OF CURRENT STANDARDS

16 DURING ACCREDITATION.—A Bureau funded school

17 that is seeking accreditation shall remain subject to

18 the standards issued under section 1121 of the Edu19 cation Amendments of 1978 and in effect on the date

20 of enactment of the Native American Education Im21 provement Act of 2001 until such time as the school

22 is accredited, except that if any of such standards are

23 in conflict with the standards of the accrediting agen24 cy, the standards of such agency shall apply in such

25 case.
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1 ‘‘(5) ANNUAL REPORT ON UNACCREDITED

2 SCHOOLS.—Not later than 90 days after the end of

3 each school year, the Secretary shall prepare and sub4 mit to the Committees on Appropriations and the

5 Committee on Resources of the House of Representa6 tives and the Committees on Appropriations and the

7 Committee on Indian Affairs of the Senate, a report

8 concerning unaccredited Bureau funded schools

9 that—

10 ‘‘(A) identifies those Bureau funded schools

11 that fail to be accredited or to be candidates for

12 accreditation within the period provided for in

13 paragraph (1);

14 ‘‘(B) with respect to each Bureau funded

15 school identified under subparagraph (A), identi16 fies the reasons that each such school is not ac17 credited or a candidate for accreditation, as de18 termined by the appropriate accreditation agen19 cy, and a description of any possible way in

20 which to remedy such nonaccreditation; and

21 ‘‘(C) with respect to each Bureau funded

22 school for which the reported reasons for the lack

23 of accreditation under subparagraph (B) are a

24 result of the school’s inadequate basic resources,

25 contains information and funding requests for
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1 the full funding needed to provide such schools

2 with accreditation, such funds if provided shall

3 be applied to such unaccredited school under this

4 paragraph.

5 ‘‘(6) OPPORTUNITY TO REVIEW AND PRESENT

6 EVIDENCE.—

7 ‘‘(A) IN GENERAL.—Prior to including a

8 Bureau funded school in an annual report re9 quired under paragraph (5), the Secretary

10 shall—

11 ‘‘(i) ensure that the school has ex12 hausted all administrative remedies pro13 vided by the accreditation agency; and

14 ‘‘(ii) provide the school with an oppor15 tunity to review the data on which such in16 clusion is based.

17 ‘‘(B) PROVISION OF ADDITIONAL INFORMA18 TION.—If the school board of a school that the

19 Secretary has proposed for inclusion in an an20 nual report under paragraph (5) believes that

21 such inclusion is in error, the school board may

22 provide to the Secretary such information as the

23 board believes is in conflict with the information

24 and conclusions of the Secretary with respect to

25 the determination to include the school in such
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1 annual report. The Secretary shall consider such

2 information provided by the school board before

3 making a final determination concerning the in4 clusion of the school in any such report.

5 ‘‘(C) PUBLICATION OF ACCREDITATION STA6 TUS.—Not later than 30 days after making an

7 initial determination to include a school in an

8 annual report under paragraph (5), the Sec9 retary shall make public the final determination

10 on the accreditation status of the school.

11 ‘‘(7) SCHOOL PLAN.—

12 ‘‘(A) IN GENERAL.—Not later than 120

13 days after the date on which a school is included

14 in an annual report under paragraph (5), the

15 school shall develop a school plan, in consulta16 tion with interested parties including parents,

17 school staff, the school board, and other outside

18 experts (if appropriate), that shall be submitted

19 to the Secretary for approval. The school plan

20 shall cover a 3-year period and shall—

21 ‘‘(i) incorporate strategies that address

22 the specific issues that caused the school to

23 fail to be accredited or fail to be a can24 didate for accreditation;
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1 ‘‘(ii) incorporate policies and practices

2 concerning the school that have the greatest

3 likelihood of ensuring that the school will

4 obtain accreditation during the 3 year-pe5 riod beginning on the date on which the

6 plan is implemented;

7 ‘‘(iii) contain an assurance that the

8 school will reserve the necessary funds, from

9 the funds described in paragraph (3), for

10 each fiscal year for the purpose of obtaining

11 accreditation;

12 ‘‘(iv) specify how the funds described

13 in clause (iii) will be used to obtain accred14 itation;

15 ‘‘(v) establish specific annual, objective

16 goals for measuring continuous and signifi17 cant progress made by the school in a man18 ner that will ensure the accreditation of the

19 school within the 3-year period described in

20 clause (ii);

21 ‘‘(vi) identify how the school will pro22 vide written notification about the lack of

23 accreditation to the parents of each student

24 enrolled in such school, in a format and, to
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1 the extent practicable, in a language the

2 parents can understand; and

3 ‘‘(vii) specify the responsibilities of the

4 school board and any assistance to be pro5 vided by the Secretary under paragraph

6 (3).

7 ‘‘(B) IMPLEMENTATION.—A school shall im8 plement the school plan under subparagraph (A)

9 expeditiously, but in no event later than the be10 ginning of the school year following the school

11 year in which the school was included in the an12 nual report under paragraph (5) so long as the

13 necessary resources have been provided to the

14 school.

15 ‘‘(C) REVIEW OF PLAN.—Not later than 45

16 days after receiving a school plan, the Secretary

17 shall—

18 ‘‘(i) establish a peer-review process to

19 assist with the review of the plan; and

20 ‘‘(ii) promptly review the school plan,

21 work with the school as necessary, and ap22 prove the school plan if the plan meets the

23 requirements of this paragraph.

24 ‘‘(8) CORRECTIVE ACTION.—
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1 ‘‘(A) DEFINITION.—In this subsection, the

2 term ‘corrective action’ means action that—

3 ‘‘(i) substantially and directly re4 sponds to—

5 ‘‘(I) the failure of a school to

6 achieve accreditation; and

7 ‘‘(II) any underlying staffing,

8 curriculum, or other programmatic

9 problem in the school that contributed

10 to the lack of accreditation; and

11 ‘‘(ii) is designed to increase substan12 tially the likelihood that the school will be

13 accredited.

14 ‘‘(B) CORRECTIVE ACTION INAPPLICABLE.—

15 The Secretary shall grant a waiver to any school

16 that fails to be accredited for reasons that are be17 yond the control of the school board, as deter18 mined by the Secretary, including a significant

19 decline in financial resources, the poor condition

20 of facilities, vehicles or other property, or a nat21 ural disaster. Such a waiver shall exempt such

22 school from any or all of the requirements of this

23 paragraph and paragraph (7), but such school

24 shall be required to comply with the standards

25 contained in part 36 of title 25, Code of Federal
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1 Register, as in effect on the date of enactment of

2 the Native American Education Improvement

3 Act of 2001.

4 ‘‘(C) DUTIES OF SECRETARY.—After pro5 viding assistance to a school under paragraph

6 (3), the Secretary shall—

7 ‘‘(i) annually review the progress of the

8 school under the applicable school plan, to

9 determine whether the school is meeting, or

10 making adequate progress towards, achiev11 ing the goals described in paragraph

12 (7)(A)(v) with respect to reaccreditation or

13 becoming a candidate for accreditation;

14 ‘‘(ii) except as provided in subpara15 graph (B), continue to provide assistance

16 while implementing the school’s plan, and,

17 if determined appropriate by the Secretary,

18 take corrective action with respect to the

19 school if it fails to be accredited at the end

20 of the third year of the school’s plan;

21 ‘‘(iii) promptly notify the parents of

22 children enrolled in the school of the option

23 to transfer their child to another school;

24 ‘‘(iv) provide all students enrolled in

25 the school with the option to transfer to an-
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1 other school, including a public or charter

2 school, that is accredited; and

3 ‘‘(v) provide, or pay for the provision

4 of, transportation for each student described

5 in clause (iv) to the school to which the stu6 dent elects to be transferred.

7 ‘‘(D) FAILURE OF SCHOOL PLAN.—With re8 spect to a Bureau operated school that fails to be

9 accredited at the end of the 3-year period during

10 which the school’s plan is in effect under para11 graph (7), the Secretary may take 1 or more of

12 the following corrective actions:

13 ‘‘(i) Institute and fully implement ac14 tions suggested by the accrediting agency.

15 ‘‘(ii) Consult with the tribe involved to

16 determine the causes for the lack of accredi17 tation including potential staffing and ad18 ministrative changes that are or may be

19 necessary.

20 ‘‘(iii) Set aside a certain amount of

21 funds that may only be used by the school

22 to obtain accreditation.

23 ‘‘(iv)(I) Provide the tribe with a 60-

24 day period in which to determine whether

25 the tribe desires to operate the school as a
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1 contract or grant school, before meeting the

2 accreditation requirements in section 5207

3 of the Tribally Controlled Schools Act, at

4 the beginning of the next school year fol5 lowing the determination to take corrective

6 action. If the tribe agrees to operate the

7 school as a contract or grant school, the

8 tribe shall prepare a plan, pursuant to

9 paragraph (7), for approval by the Sec10 retary in accordance with paragraph (7), to

11 achieve accreditation.

12 ‘‘(II) If the tribe declines to assume

13 control of the school, the Secretary, in con14 sultation with the tribe, may contract with

15 an outside entity, consistent with applicable

16 law, or appoint a receiver or trustee to op17 erate and administer the affairs of the

18 school until the school is accredited. The

19 outside entity, receiver or trustee shall pre20 pare a plan, pursuant to paragraph (7), for

21 approval by the Secretary in accordance

22 with paragraph (7).

23 ‘‘(III) Upon accreditation of the school,

24 the Secretary shall allow the tribe to con25 tinue to operate the school as a grant or
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1 contract school, or if being controlled by an

2 outside entity, provide the tribe with the op3 tion to assume operation of the school as a

4 contract school, in accordance with the In5 dian Self Determination Act, or as a grant

6 school in accordance with the Tribally Con7 trolled Schools Act, at the beginning of the

8 school year following the school year in

9 which the school obtains accreditation. If

10 the tribe declines, the Secretary may allow

11 the outside entity, receiver or trustee to con12 tinue the operation of the school or re13 assume control of the school.

14 ‘‘(v)(I) With respect to—

15 ‘‘(aa) a school that is a grant

16 school, comply with section 5207 of the

17 Tribally Controlled Schools Act;

18 ‘‘(bb) a school that is a contract

19 school, comply with the Indian Self

20 Determination Act;

21 ‘‘(cc) a school described in item

22 (aa) or (bb), take any corrective ac23 tions described in clauses (i) through

24 (iii); or
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1 ‘‘(dd) a school described in item

2 (aa) or (bb), the Secretary, after com3 plying with the notice and hearing re4 quirements of the reassumption provi5 sions of the Indian Self Determination

6 Act, may assume the operation and ad7 ministration of the school at the begin8 ning of the school year following the

9 revocation of the school’s determination

10 of eligibility and shall adopt a plan in

11 accordance with paragraph (7).

12 ‘‘(II) With respect to a school described

13 in subclause (I), if, at the end of the 3-year

14 period during which the school’s plan is in

15 effect under paragraph (7), the school is still

16 not accredited, the Secretary in consultation

17 with the tribe may contract with an outside

18 entity or appoint a receiver or trustee,

19 which shall adopt a plan in accordance

20 with paragraph (7), to operate and admin21 ister the affairs of the school until the school

22 is accredited.

23 ‘‘(III) Upon accreditation of the school,

24 the tribe shall have the option to assume the

25 operation and administration of the school
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1 as a contract school after complying with

2 the Indian Self Determination Act, or as a

3 grant school, after complying with the Trib4 ally Controlled Schools Act, at the begin5 ning of the school year following the year in

6 which the school obtains accreditation.

7 ‘‘(IV) The provisions of this clause

8 shall be construed consistent with the provi9 sions of the Tribally Controlled Schools Act

10 and the Indian Self Determination Act as

11 in effect on the date of enactment of the Na12 tive American Education Improvement Act

13 of 2001, and shall not be construed as ex14 panding the authority of the Secretary

15 under any other law.

16 ‘‘(E) HEARING.—With respect to a school

17 that is operated pursuant to a grant, or a school

18 that is operated under a contract under the In19 dian Self Determination Act, prior to imple20 menting any corrective action under this para21 graph, the Secretary shall provide notice and an

22 opportunity for a hearing to the affected school

23 pursuant to section 5207 of the Tribally Con24 trolled Schools Act.
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1 ‘‘(9) STATUTORY CONSTRUCTION.—Nothing in

2 this section shall be construed to alter or otherwise af3 fect the rights, remedies, and procedures afforded to

4 school employees under applicable law (including ap5 plicable regulations or court orders) or under the

6 terms of any collective bargaining agreement, memo7 randum of understanding, or other agreement between

8 such employees and their employers.

9 ‘‘(c) ANNUAL PLAN.—

10 ‘‘(1) IN GENERAL.—Except as provided in sub11 section (b), the Secretary shall implement the Bureau

12 standards in effect on the date of enactment of the

13 Native American Education Improvement Act of

14 2001.

15 ‘‘(2) PLAN.—On an annual basis, the Secretary

16 shall submit to the appropriate committees of Con17 gress, all Bureau funded schools, and the tribal gov18 erning bodies of such schools a detailed plan to ensure

19 that all Bureau funded schools are accredited, or if

20 such school are in the process of obtaining accredita21 tion that such school meet the Bureau standards in ef22 fect on the date of enactment of the Native American

23 Education Improvement Act of 2001 to the extent that

24 such standards do not conflict with the standards of

25 the accrediting agency. Such plan shall include de-
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1 tailed information on the status of each school’s edu2 cational program in relation to the applicable stand3 ards, specific cost estimates for meeting such stand4 ards at each school, and specific timelines for bring5 ing each school up to the level required by such stand6 ards.

7 ‘‘(d) CLOSURE OR CONSOLIDATION OF SCHOOLS.—

8 ‘‘(1) IN GENERAL.—Except as specifically re9 quired by law, no Bureau funded school or dormitory

10 operated on or after January 1, 1992, may be closed,

11 consolidated, or transferred to another authority and

12 no program of such a school may be substantially

13 curtailed except in accordance with the requirements

14 of this subsection.

15 ‘‘(2) EXCEPTIONS.—This subsection (other than

16 this paragraph) shall not apply—

17 ‘‘(A) in those cases in which the tribal gov18 erning body for a school, or the local school

19 board concerned (if designated by the tribal gov20 erning body to act under this paragraph), re21 quests the closure, consolidation, or substantial

22 curtailment; or

23 ‘‘(B) if a temporary closure, consolidation,

24 or substantial curtailment is required by facility
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1 conditions that constitute an immediate hazard

2 to health and safety.

3 ‘‘(3) REGULATIONS.—The Secretary shall, by

4 regulation, promulgate standards and procedures for

5 the closure, transfer to another authority, consolida6 tion, or substantial curtailment of school programs of

7 Bureau schools, in accordance with the requirements

8 of this subsection.

9 ‘‘(4) NOTIFICATION.—

10 ‘‘(A) CONSIDERATION.—Whenever closure,

11 transfer to another authority, consolidation, or

12 substantial curtailment of a school program of a

13 Bureau school is under active consideration or

14 review by any division of the Bureau or the De15 partment of the Interior, the head of the division

16 or the Secretary shall ensure that the affected

17 tribe, tribal governing body, and local school

18 board, are notified (in writing) immediately,

19 kept fully and currently informed, and afforded

20 an opportunity to comment with respect to such

21 consideration or review.

22 ‘‘(B) FORMAL DECISION.—When the head of

23 any division of the Bureau or the Secretary

24 makes a formal decision to close, transfer to an25 other authority, consolidate, or substantially cur-
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1 tail a school program of a Bureau school, the

2 head of the division or the Secretary shall notify

3 (in writing) the affected tribes, tribal governing

4 body, and local school board at least 6 months

5 prior to the end of the academic year preceding

6 the date of the proposed action.

7 ‘‘(C) COPIES OF NOTIFICATIONS AND INFOR8 MATION.—The Secretary shall transmit copies of

9 the notifications described in this paragraph

10 promptly to the appropriate committees of Con11 gress and publish such notifications copies in the

12 Federal Register.

13 ‘‘(5) REPORT.—

14 ‘‘(A) IN GENERAL.—The Secretary shall

15 submit a report to the appropriate committees of

16 Congress, the affected tribal governing body and

17 the designated local school board, describing the

18 process of the active consideration or review re19 ferred to in paragraph (4).

20 ‘‘(B) CONTENTS.—The report shall include

21 the results of a study of the impact of the action

22 under consideration or review on the student

23 population of the school involved, identify those

24 students at the school with particular edu25 cational and social needs, and ensure that alter-
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1 native services are available to such students.

2 Such report shall include a description of con3 sultation conducted between the potential service

4 provider and current service provider of such

5 services, parents, tribal representatives, the tribe

6 involved, and the Director regarding such stu7 dents.

8 ‘‘(6) LIMITATION ON CERTAIN ACTIONS.—No ir9 reversible action may be taken to further any pro10 posed school closure, transfer to another authority,

11 consolidation, or substantial curtailment described in

12 this subsection concerning a school (including any ac13 tion that would prejudice the personnel or programs

14 of such school) prior to the end of the first full aca15 demic year after the report described in paragraph

16 (5) is submitted.

17 ‘‘(7) TRIBAL GOVERNING BODY APPROVAL RE18 QUIRED FOR CERTAIN ACTIONS.—The Secretary may

19 terminate, contract, transfer to any other authority,

20 consolidate, or substantially curtail the operation or

21 facilities of—

22 ‘‘(A) any Bureau funded school that is oper23 ated on or after January 1, 1999;

24 ‘‘(B) any program of such a school that is

25 operated on or after January 1, 1999; or
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1 ‘‘(C) any school board of a school operated

2 under a grant under the Tribally Controlled

3 Schools Act of 1988,

4 only if the tribal governing body for the school in5 volved approves such action.

6 ‘‘(e) APPLICATION FOR CONTRACTS OR GRANTS FOR

7 NON-BUREAU FUNDED SCHOOLS OR EXPANSION OF BU8 REAU FUNDED SCHOOLS.—

9 ‘‘(1) IN GENERAL.—

10 ‘‘(A) APPLICATIONS.—

11 ‘‘(i) TRIBES; SCHOOL BOARDS.—The

12 Secretary shall only consider the factors de13 scribed in subparagraph (B) in reviewing—

14 ‘‘(I) applications from any tribe

15 for the awarding of a contract or grant

16 for a school that is not a Bureau fund17 ed school; and

18 ‘‘(II) applications from any tribe

19 or school board associated with any

20 Bureau funded school for the awarding

21 of a contract or grant for the expan22 sion of a Bureau funded school that

23 would increase the amount of funds re24 ceived by the tribe or school board

25 under section 1126.
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1 ‘‘(ii) LIMITATION.—With respect to ap2 plications described in this subparagraph,

3 the Secretary shall give consideration to all

4 the factors described in subparagraph (B),

5 but no such application shall be denied

6 based primarily upon the geographic prox7 imity of comparable public education.

8 ‘‘(B) FACTORS.—With respect to applica9 tions described in subparagraph (A) the Sec10 retary shall consider the following factors relat11 ing to the program and services that are the sub12 ject of the application:

13 ‘‘(i) The adequacy of existing facilities

14 to support the proposed program and serv15 ices or the applicant’s ability to obtain or

16 provide adequate facilities.

17 ‘‘(ii) Geographic and demographic fac18 tors in the affected areas.

19 ‘‘(iii) The adequacy of the applicant’s

20 program plans or, in the case of a Bureau

21 funded school, of a projected needs analysis

22 conducted either by the tribe or the Bureau.

23 ‘‘(iv) Geographic proximity of com24 parable public education.
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1 ‘‘(v) The stated needs of all affected

2 parties, including students, families, tribal

3 governing bodies at both the central and

4 local levels, and school organizations.

5 ‘‘(vi) Adequacy and comparability of

6 programs and services already available.

7 ‘‘(vii) Consistency of the proposed pro8 gram and services with tribal educational

9 codes or tribal legislation on education.

10 ‘‘(viii) The history and success of these

11 services for the proposed population to be

12 served, as determined from all factors, in13 cluding standardized examination perform14 ance.

15 ‘‘(2) DETERMINATION ON APPLICATION.—

16 ‘‘(A) PERIOD.—The Secretary shall make a

17 determination concerning whether to approve

18 any application described in paragraph (1)(A)

19 not later than 180 days after the date such ap20 plication is submitted to the Secretary.

21 ‘‘(B) FAILURE TO MAKE DETERMINATION.—

22 If the Secretary fails to make the determination

23 with respect to an application by the date de24 scribed in subparagraph (A), the application
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1 shall be treated as having been approved by the

2 Secretary.

3 ‘‘(3) REQUIREMENTS FOR APPLICATIONS.—

4 ‘‘(A) APPROVAL.—Notwithstanding para5 graph (2)(B), an application described in para6 graph (1)(A) may be approved by the Secretary

7 only if—

8 ‘‘(i) the application has been approved

9 by the tribal governing body of the students

10 served by (or to be served by) the school or

11 program that is the subject of the applica12 tion; and

13 ‘‘(ii) the tribe or designated school

14 board involved submits written evidence of

15 such approval with the application.

16 ‘‘(B) INFORMATION.—Each application de17 scribed in paragraph (1)(A) shall contain infor18 mation discussing each of the factors described in

19 paragraph (1)(B).

20 ‘‘(4) DENIAL OF APPLICATIONS.—If the Secretary

21 denies an application described in paragraph (1)(A),

22 the Secretary shall—

23 ‘‘(A) state the objections to the application

24 in writing to the applicant not later than 180
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1 days after the date the application is submitted

2 to the Secretary;

3 ‘‘(B) provide assistance to the applicant to

4 overcome the stated objections;

5 ‘‘(C) provide to the applicant a hearing on

6 the record regarding the denial, under the same

7 rules and regulations as apply under the Indian

8 Self-Determination and Education Assistance

9 Act; and

10 ‘‘(D) provide to the applicant a notice of the

11 applicant’s appeals rights and an opportunity to

12 appeal the decision resulting from the hearing

13 under subparagraph (D).

14 ‘‘(5) EFFECTIVE DATE OF A SUBJECT APPLICA15 TION.—

16 ‘‘(A) IN GENERAL.—Except as otherwise

17 provided in this paragraph, the action that is

18 the subject of any application described in para19 graph (1)(A) that is approved by the Secretary

20 shall become effective—

21 ‘‘(i) on the first day of the academic

22 year following the fiscal year in which the

23 application is approved; or

24 ‘‘(ii) on an earlier date determined by

25 the Secretary.
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1 ‘‘(B) APPLICATION TREATED AS AP2 PROVED.—If an application is treated as having

3 been approved by the Secretary under paragraph

4 (2)(B), the action that is the subject of the appli5 cation shall become effective—

6 ‘‘(i) on the date that is 18 months after

7 the date on which the application is sub8 mitted to the Secretary; or

9 ‘‘(ii) on an earlier date determined by

10 the Secretary.

11 ‘‘(6) STATUTORY CONSTRUCTION.—Nothing in

12 this section, or any other provision of law, shall be

13 construed to preclude the expansion of grades and re14 lated facilities at a Bureau funded school, if such ex15 pansion is paid for with non-Bureau funds.

16 ‘‘(f) JOINT ADMINISTRATION.—Administrative, trans17 portation, and program cost funds received by Bureau

18 funded schools, and any program from the Department of

19 Education or any other Federal agency for the purpose of

20 providing education or related services, and other funds re21 ceived for such education and related services from non-Fed22 erally funded programs, shall be apportioned and the funds

23 shall be retained at the school.

24 ‘‘(g) GENERAL USE OF FUNDS.—Funds received by

25 Bureau funded schools from the Bureau of Indian Affairs
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1 and under any program from the Department of Education

2 or any other Federal agency for the purpose of providing

3 education or related services may be used for schoolwide

4 projects to improve the educational program of the schools

5 for all Indian students.

6 ‘‘(h) STUDY ON ADEQUACY OF FUNDS AND FOR7 MULAS.—

8 ‘‘(1) STUDY.—The Comptroller General of the

9 United States shall conduct a study to include an

10 analysis of the information contained in the General

11 Accounting Office study evaluating and comparing

12 school systems of the Department of Defense and the

13 Bureau of Indian Affairs, in consultation with tribes

14 and local school boards, to determine the adequacy of

15 funding, and formulas used by the Bureau to deter16 mine funding, for programs operated by Bureau

17 funded schools, taking into account unique cir18 cumstances applicable to Bureau funded schools.

19 ‘‘(2) FINDINGS.—On completion of the study

20 under paragraph (1), the Secretary shall take such

21 action as may be necessary to ensure distribution of

22 the findings of the study to the appropriate author23 izing and appropriating committees of Congress, all

24 affected tribes, local school boards, and associations of

25 local school boards.
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1 ‘‘SEC. 1122. NATIONAL STANDARDS FOR HOME LIVING SITU2 ATIONS.

3 ‘‘(a) IN GENERAL.—The Secretary, in accordance with

4 section 1136, shall revise the national standards for home5 living (dormitory) situations to include such factors as

6 heating, lighting, cooling, adult-child ratios, need for coun7 selors (including special needs related to off-reservation

8 home-living (dormitory) situations), therapeutic programs,

9 space, and privacy. Such standards shall be implemented

10 in Bureau schools. Any subsequent revisions shall also be

11 in accordance with such section 1136.

12 ‘‘(b) IMPLEMENTATION.—The Secretary shall imple13 ment the revised standards established under this section

14 immediately upon their issuance.

15 ‘‘(c) PLAN.—

16 ‘‘(1) IN GENERAL.—Upon the submission of each

17 annual budget request for Bureau educational services

18 (as contained in the President’s annual budget re19 quest under section 1105 of title 31, United States

20 Code), the Secretary shall submit to the appropriate

21 committees of Congress, the tribes, and the affected

22 schools, and publish in the Federal Register, a de23 tailed plan to bring all Bureau funded schools that

24 have dormitories or provide home-living (dormitory)

25 situations into compliance with the standards estab26 lished under this section.
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1 ‘‘(2) CONTENTS.—Each plan under paragraph

2 (1) shall include—

3 ‘‘(A) a statement of the relative needs of

4 each of the home-living schools and projected fu5 ture needs of each of the home-living schools;

6 ‘‘(B) detailed information on the status of

7 each of the schools in relation to the standards

8 established under this section;

9 ‘‘(C) specific cost estimates for meeting each

10 standard for each such school;

11 ‘‘(D) aggregate cost estimates for bringing

12 all such schools into compliance with the stand13 ards established under this section; and

14 ‘‘(E) specific timelines for bringing each

15 school into compliance with such standards.

16 ‘‘(d) WAIVER.—

17 ‘‘(1) IN GENERAL.—A tribal governing body or

18 local school board may, in accordance with this sub19 section, waive the standards established under this

20 section for a school described in subsection (a).

21 ‘‘(2) INAPPROPRIATE STANDARDS.—

22 ‘‘(A) IN GENERAL.—A tribal governing

23 body, or the local school board so designated by

24 the tribal governing body, may waive, in whole

25 or in part, the standards established under this
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1 section if such standards are determined by such

2 body or board to be inappropriate for the needs

3 of students from that tribe.

4 ‘‘(B) ALTERNATIVE STANDARDS.—The trib5 al governing body or school board involved shall,

6 not later than 60 days after providing a waiver

7 under subparagraph (A) for a school, submit to

8 the Director a proposal for alternative standards

9 that take into account the specific needs of the

10 tribe’s children. Such alternative standards shall

11 be established by the Director for the school in12 volved unless specifically rejected by the Director

13 for good cause and in writing provided to the af14 fected tribes or local school board.

15 ‘‘(e) CLOSURE FOR FAILURE TO MEET STANDARDS

16 PROHIBITED.—No school in operation on or before July 1,

17 1999 (regardless of compliance or noncompliance with the

18 standards established under this section), may be closed,

19 transferred to another authority, or consolidated, and no

20 program of such a school may be substantially curtailed,

21 because the school failed to meet such standards.

22 ‘‘SEC. 1123. SCHOOL BOUNDARIES.

23 ‘‘(a) ESTABLISHMENT BY SECRETARY.—Except as de24 scribed in subsection (b), the Secretary shall establish, by
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1 regulation, separate geographical attendance areas for each

2 Bureau funded school.

3 ‘‘(b) ESTABLISHMENT BY TRIBAL BODY.—In any case

4 in which there is more than 1 Bureau funded school located

5 on a reservation of a tribe, at the direction of the tribal

6 governing body, the relevant school boards of the Bureau

7 funded schools on the reservation may, by mutual consent,

8 establish the boundaries of the relevant geographical attend9 ance areas for such schools, subject to the approval of the

10 tribal governing body. Any such boundaries so established

11 shall be accepted by the Secretary.

12 ‘‘(c) BOUNDARY REVISIONS.—

13 ‘‘(1) IN GENERAL.—Effective on July 1, 1999,

14 the Secretary may not establish or revise boundaries

15 of a geographical attendance area with respect to any

16 Bureau funded school unless the tribal governing body

17 concerned and the school board concerned has been

18 afforded—

19 ‘‘(A) at least 6 months notice of the inten20 tion of the Secretary to establish or revise such

21 boundaries; and

22 ‘‘(B) the opportunity to propose alternative

23 boundaries.

24 ‘‘(2) PETITIONS.—Any tribe may submit a peti25 tion to the Secretary requesting a revision of the geo-
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1 graphical attendance area boundaries referred to in

2 paragraph (1).

3 ‘‘(3) BOUNDARIES.—The Secretary shall accept

4 proposed alternative boundaries described in para5 graph (1)(B) or revised boundaries described in a pe6 tition submitted under paragraph (2) unless the Sec7 retary finds, after consultation with the affected tribe,

8 that such alternative or revised boundaries do not re9 flect the needs of the Indian students to be served or

10 do not provide adequate stability to all of the affected

11 programs. On accepting the boundaries, the Secretary

12 shall publish information describing the boundaries

13 in the Federal Register.

14 ‘‘(4) TRIBAL RESOLUTION DETERMINATION.—

15 Nothing in this section shall be interpreted as denying

16 a tribal governing body the authority, on a con17 tinuing basis, to adopt a tribal resolution allowing

18 parents a choice of the Bureau funded school their

19 child may attend, regardless of the geographical at20 tendance area boundaries established under this sec21 tion.

22 ‘‘(d) FUNDING RESTRICTIONS.—The Secretary shall

23 not deny funding to a Bureau funded school for any eligible

24 Indian student attending the school solely because that stu25 dent’s home or domicile is outside of the boundaries of the
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1 geographical attendance area established for that school

2 under this section. No funding shall be made available for

3 transportation without tribal authorization to enable the

4 school to provide transportation for any student to or from

5 the school and a location outside the approved attendance

6 area of the school.

7 ‘‘(e) RESERVATION AS BOUNDARY.—In any case in

8 which there is only 1 Bureau funded school located on a

9 reservation, the boundaries of the geographical attendance

10 area for the school shall be the boundaries (as established

11 by treaty, agreement, legislation, court decision, or execu12 tive decision and as accepted by the tribe involved) of the

13 reservation served, and those students residing near the res14 ervation shall also receive services from such school.

15 ‘‘(f) OFF-RESERVATION HOME-LIVING SCHOOLS.—

16 Notwithstanding the boundaries of the geographical attend17 ance areas established under this section, each Bureau fund18 ed school that is an off-reservation home-living school shall

19 implement special emphasis programs and permit the at20 tendance of students requiring the programs. The programs

21 provided for such students shall be coordinated among edu22 cation line officers, the families of the students, the schools,

23 and the entities operating programs that referred the stu24 dents to the schools.
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1 ‘‘SEC. 1124. FACILITIES CONSTRUCTION.

2 ‘‘(a) NATIONAL SURVEY OF FACILITIES CONDI3 TIONS.—

4 ‘‘(1) IN GENERAL.—Not later than 12 months

5 after the date of enactment of the Native American

6 Education Improvement Act of 2001, the General Ac7 counting Office shall compile, collect, and secure the

8 data that is needed to prepare a national survey of

9 the physical conditions of all Bureau funded school

10 facilities.

11 ‘‘(2) DATA AND METHODOLOGIES.—In preparing

12 the national survey required under paragraph (1), the

13 General Accounting Office shall use the following data

14 and methodologies:

15 ‘‘(A) The existing Department of Defense

16 formula for determining the condition and ade17 quacy of Department of Defense facilities.

18 ‘‘(B) Data related to conditions of Bureau

19 funded schools that has previously been compiled,

20 collected, or secured from whatever source derived

21 so long as the data is relevant, timely, and nec22 essary to the survey.

23 ‘‘(C) The methodologies of the American In24 stitute of Architects, or other accredited and rep25 utable architecture or engineering associations.

26 ‘‘(3) CONSULTATIONS.—
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1 ‘‘(A) IN GENERAL.—In carrying out the

2 survey required under paragraph (1), the Gen3 eral Accounting Office shall, to the maximum ex4 tent practicable, consult (and if necessary con5 tract) with national, regional, and tribal Indian

6 education organizations to ensure that a com7 plete and accurate national survey is achieved.

8 ‘‘(B) REQUESTS FOR INFORMATION.—All

9 Bureau funded schools shall comply with reason10 able requests for information by the General Ac11 counting Office and shall respond to such re12 quests in a timely fashion.

13 ‘‘(4) SUBMISSION TO CONGRESS.—Not later than

14 24 months after the date of enactment of the Native

15 American Education Improvement Act of 2001, the

16 General Accounting Office shall submit the results of

17 the national survey conducted under paragraph (1) to

18 the Committee on Indian Affairs and Committee on

19 Appropriations of the Senate, and the Committee on

20 Resources, Committee on Education and the Work21 force, and Committee on Appropriations of the House

22 and to the Secretary, who, in turn shall submit the

23 results of the national survey to school boards of Bu24 reau-funded schools and their respective Tribes.

25 ‘‘(5) NEGOTIATED RULEMAKING COMMITTEE.—
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1 ‘‘(A) IN GENERAL.—Not later than 6

2 months after the date on which the submission is

3 made under paragraph (4), the Secretary shall

4 establish a negotiated rule making committee

5 pursuant to section 1136(c). The negotiated rule6 making committee shall prepare and submit to

7 the Secretary the following:

8 ‘‘(i) A catalogue of the condition of

9 school facilities at all Bureau funded schools

10 that—

11 ‘‘(I) incorporates the findings

12 from the General Accounting Office

13 study evaluating and comparing school

14 systems of the Department of Defense

15 and the Bureau of Indian Affairs;

16 ‘‘(II) rates such facilities with re17 spect to the rate of deterioration and

18 useful life of structures and major sys19 tems;

20 ‘‘(III) establishes a routine main21 tenance schedule for each facility;

22 ‘‘(IV) identifies the complemen23 tary educational facilities that do not

24 exist but that are needed; and
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1 ‘‘(V) makes projections on the

2 amount of funds needed to keep each

3 school viable, consistent with the ac4 creditation standards required pursu5 ant to this Act.

6 ‘‘(ii) A school replacement and new

7 construction report that determines replace8 ment and new construction need, and a for9 mula for the equitable distribution of funds

10 to address such need, for Bureau funded

11 schools. Such formula shall utilize necessary

12 factors in determining an equitable dis13 tribution of funds, including—

14 ‘‘(I) the size of school;

15 ‘‘(II) school enrollment;

16 ‘‘(III) the age of the school;

17 ‘‘(IV) the condition of the school;

18 ‘‘(V) environmental factors at the

19 school; and

20 ‘‘(VI) school isolation.

21 ‘‘(iii) A renovation repairs report that

22 determines renovation need (major and

23 minor), and a formula for the equitable dis24 tribution of funds to address such need, for

25 Bureau funded schools. Such report shall
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1 identify needed repairs or renovations with

2 respect to a facility, or a part of a facility,

3 or the grounds of the facility, to remedy a

4 need based on disabilities access or health

5 and safety changes to a facility. The for6 mula developed shall utilize necessary fac7 tors in determining an equitable distribu8 tion of funds, including the factors described

9 in subparagraph (B).

10 ‘‘(B) SUBMISSION OF REPORTS.—Not later

11 than 24 months after the negotiated rulemaking

12 committee is established under subparagraph

13 (A), the reports described in clauses (ii) and (iii)

14 of subparagraph (A) shall be submitted to the

15 committees of Congress referred to in paragraph

16 (4), the national and regional Indian education

17 organizations, and to all school boards of Bu18 reau-funded schools and their respective Tribes.

19 ‘‘(6) FACILITIES INFORMATION SYSTEMS SUP20 PORT DATABASE.—The Secretary shall develop a Fa21 cilities Information Systems Support Database to

22 maintain and update the information contained in

23 the reports under clauses (ii) and (iii) of paragraph

24 (5)(A) and the information contained in the survey

25 conducted under paragraph (1). The system shall be
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1 updated every 3 years by the Bureau of Indian Af2 fairs and monitored by General Accounting Office,

3 and shall be made available to school boards of Bu4 reau-funded schools and their respective Tribes, and

5 Congress.

6 ‘‘(b) COMPLIANCE WITH HEALTH AND SAFETY STAND7 ARDS.—The Secretary shall immediately begin to bring all

8 schools, dormitories, and other Indian education-related fa9 cilities operated by the Bureau or under contract or grant

10 with the Bureau into compliance with all applicable tribal,

11 Federal, or State health and safety standards, whichever

12 provides greater protection (except that the tribal standards

13 to be applied shall be no greater than any otherwise appli14 cable Federal or State standards), with section 504 of the

15 Rehabilitation Act of 1973, and with the Americans with

16 Disabilities Act of 1990. Nothing in this section shall re17 quire termination of the operations of any facility which

18 does not comply with such provisions and which is in use

19 on the date of the enactment of the Native American Edu20 cation Improvement Act of 2001.

21 ‘‘(c) COMPLIANCE PLAN.—At the time that the annual

22 budget request for Bureau educational services is presented,

23 the Secretary shall submit to the appropriate committees

24 of Congress a detailed plan to bring all facilities covered

25 under subsection (b) of this section into compliance with
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1 the standards referred to in subsection (b). Such plan shall

2 include detailed information on the status of each facility’s

3 compliance with such standards, specific cost estimates for

4 meeting such standards at each school, and specific

5 timelines for bringing each school into compliance with

6 such standards.

7 ‘‘(d) CONSTRUCTION PRIORITIES.—

8 ‘‘(1) SYSTEM TO ESTABLISH PRIORITIES.—The

9 Secretary shall annually prepare and submit to the

10 appropriate committees of Congress, and publish in

11 the Federal Register, information describing the sys12 tem used by the Secretary to establish priorities for

13 replacement and construction projects for Bureau

14 funded schools and home-living schools, including

15 boarding schools, and dormitories. On making each

16 budget request described in subsection (c), the Sec17 retary shall publish in the Federal Register and sub18 mit with the budget request a list of all of the Bureau

19 funded school construction priorities, as described in

20 paragraph (2).

21 ‘‘(2) LONG-TERM CONSTRUCTION AND REPLACE22 MENT LIST.—In addition to submitting the plan de23 scribed in subsection (c), the Secretary shall—

24 ‘‘(A) not later than 18 months after the date

25 of enactment of the Native American Education
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1 Improvement Act of 2001, establish a long-term

2 construction and replacement priority list for all

3 Bureau funded schools;

4 ‘‘(B) using the list prepared under subpara5 graph (A), propose a list for the orderly replace6 ment of all Bureau funded education-related fa7 cilities over a period of 40 years to facilitate

8 planning and scheduling of budget requests;

9 ‘‘(C) publish the list prepared under sub10 paragraph (B) in the Federal Register and allow

11 a period of not less than 120 days for public

12 comment;

13 ‘‘(D) make such revisions to the list pre14 pared under subparagraph (B) as are appro15 priate based on the comments received; and

16 ‘‘(E) publish a final list in the Federal Reg17 ister.

18 ‘‘(3) EFFECT ON OTHER LIST.—Nothing in this

19 section shall be construed as interfering with or

20 changing in any way the construction and replace21 ment priority list established by the Secretary, as the

22 list exists on the date of enactment of the Native

23 American Education Improvement Act of 2001.

24 ‘‘(e) HAZARDOUS CONDITION AT BUREAU FUNDED

25 SCHOOL.—
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1 ‘‘(1) CLOSURE, CONSOLIDATION, OR CURTAIL2 MENT.—

3 ‘‘(A) IN GENERAL.—A Bureau funded school

4 may be closed or consolidated, and the programs

5 of a Bureau funded school may be substantially

6 curtailed by reason of facility conditions that

7 constitute an immediate hazard to health and

8 safety only if a health and safety officer of the

9 Bureau and an individual designated by the

10 tribe involved under subparagraph (B), deter11 mine that such conditions exist at a facility of

12 the Bureau funded school.

13 ‘‘(B) DESIGNATION OF INDIVIDUAL BY

14 TRIBE.—To be designated by a tribe for purposes

15 of subparagraph (A), an individual shall—

16 ‘‘(i) be a licensed or certified facilities

17 safety inspector;

18 ‘‘(ii) have demonstrated experience in

19 the inspection of facilities for health and

20 safety purposes with respect to occupancy;

21 or

22 ‘‘(iii) have a significant educational

23 background in the health and safety of fa24 cilities with respect to occupancy.
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1 ‘‘(C) INSPECTION.—In making a determina2 tion described in subparagraph (A), the Bureau

3 health and safety officer and the individual des4 ignated by the tribe shall conduct an inspection

5 of the conditions of such facility in order to de6 termine whether conditions at such facility con7 stitute an immediate hazard to health and safe8 ty.

9 ‘‘(D) FAILURE TO CONCUR.—If the Bureau

10 health and safety officer, and the individual des11 ignated by the tribe, conducting the inspection of

12 a facility required under subparagraph (A) do

13 not concur that conditions at the facility con14 stitute an immediate hazard to health and safe15 ty, such officer and individual shall immediately

16 notify the tribal governing body and provide

17 written information related to their determina18 tions.

19 ‘‘(E) CONSIDERATION BY TRIBAL GOV20 ERNING BODY.—Not later than 10 days after a

21 tribal governing body received notice under sub22 paragraph (D), the tribal governing body shall

23 consider all information related to the deter24 minations of the Bureau health and safety officer

25 and the individual designated by the tribe and
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1 make a determination regarding the closure, con2 solidation, or curtailment involved.

3 ‘‘(F) AGREEMENT TO CLOSE, CONSOLIDATE,

4 OR CURTAIL.—If the Bureau health and safety

5 officer, and the individual designated by the

6 tribe, conducting the inspection of a facility re7 quired under subparagraph (A), concur that con8 ditions at the facility constitute an immediate

9 hazard to health and safety, or if the tribal gov10 erning body makes such a determination under

11 subparagraph (E) the facility involved shall be

12 closed immediately.

13 ‘‘(G) GENERAL CLOSURE REPORT.—If a

14 Bureau funded school is temporarily closed or

15 consolidated or the programs of a Bureau funded

16 school are temporarily substantially curtailed

17 under this subsection and the Secretary deter18 mines that the closure, consolidation, or curtail19 ment will exceed 1 year, the Secretary shall sub20 mit to the appropriate committees of Congress,

21 the affected tribe, and the local school board, not

22 later than 3 months after the date on which the

23 closure, consolidation, or curtailment was initi24 ated, a report that specifies—
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1 ‘‘(i) the reasons for such temporary ac2 tion;

3 ‘‘(ii) the actions the Secretary is tak4 ing to eliminate the conditions that con5 stitute the hazard;

6 ‘‘(iii) an estimated date by which the

7 actions described in clause (ii) will be con8 cluded; and

9 ‘‘(iv) a plan for providing alternate

10 education services for students enrolled at

11 the school that is to be closed.

12 ‘‘(2) NONAPPLICATION OF CERTAIN STANDARDS

13 FOR TEMPORARY FACILITY USE.—

14 ‘‘(A) CLASSROOM ACTIVITIES.—The Sec15 retary shall permit the local school board to tem16 porarily utilize facilities adjacent to the school,

17 or satellite facilities, if such facilities are suit18 able for conducting classroom activities. In per19 mitting the use of facilities under the preceding

20 sentence, the Secretary may waive applicable

21 minor standards under section 1121 relating to

22 such facilities (such as the required number of

23 exit lights or configuration of restrooms) so long

24 as such waivers do not result in the creation of

25 an environment that constitutes an immediate
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1 and substantial threat to the health, safety, and

2 life of students and staff.

3 ‘‘(B) ADMINISTRATIVE ACTIVITIES.—The

4 provisions of subparagraph (A) shall apply with

5 respect to administrative personnel if the facili6 ties involved are suitable for activities performed

7 by such personnel.

8 ‘‘(C) TEMPORARY.—In this paragraph, the

9 term ‘temporary’ means—

10 ‘‘(i) with respect to a school that is to

11 be closed for not more than 1 year, 3

12 months or less; and

13 ‘‘(ii) with respect to a school that is to

14 be closed for not less than 1 year, a time pe15 riod determined appropriate by the Bureau.

16 ‘‘(3) TREATMENT OF CLOSURE.—Any closure of

17 a Bureau funded school under this subsection for a

18 period that exceeds 1 month but is less than 1 year,

19 shall be treated by the Bureau as an emergency facil20 ity improvement and repair project.

21 ‘‘(4) USE OF FUNDS.—With respect to a Bureau

22 funded school that is closed under this subsection, the

23 tribal governing body, or the designated local school

24 board of each Bureau funded school, involved may au25 thorize the use of funds allocated pursuant to section
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1 1126, to abate the hazardous conditions without fur2 ther action by Congress.

3 ‘‘(f) FUNDING REQUIREMENT.—

4 ‘‘(1) DISTRIBUTION OF FUNDS.—Beginning with

5 the first fiscal year following the date of enactment of

6 the Native American Education Improvement Act of

7 2001, all funds appropriated to the budget accounts

8 for the operations and maintenance of Bureau funded

9 schools shall be distributed by formula to the schools.

10 No funds from these accounts may be retained or seg11 regated by the Bureau to pay for administrative or

12 other costs of any facilities branch or office, at any

13 level of the Bureau.

14 ‘‘(2) REQUIREMENTS FOR CERTAIN USES.—

15 ‘‘(A) AGREEMENT.—The Secretary shall not

16 withhold funds that would be distributed under

17 paragraph (1) to any grant or contract school,

18 in order to use the funds for maintenance or any

19 other facilities or road-related purposes, unless

20 such school—

21 ‘‘(i) has consented to the withholding of

22 such funds, including the amount of the

23 funds, the purpose for which the funds will

24 be used, and the timeline for the services to

25 be provided with the funds; and
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1 ‘‘(ii) has provided the consent by enter2 ing into an agreement that is—

3 ‘‘(I) a modification to the con4 tract; and

5 ‘‘(II) in writing (in the case of a

6 school that receives a grant).

7 ‘‘(B) CANCELLATION.—The school may, at

8 the end of any fiscal year, cancel an agreement

9 entered into under this paragraph, on giving the

10 Bureau 30 days notice of the intent of the school

11 to cancel the agreement.

12 ‘‘(g) NO REDUCTION IN FEDERAL FUNDING.—Nothing

13 in this section shall be construed to reduce any Federal

14 funding for a school because the school received funding for

15 facilities improvement or construction from a State or any

16 other source.

17 ‘‘SEC. 1125. BUREAU OF INDIAN AFFAIRS EDUCATION FUNC18 TIONS.

19 ‘‘(a) FORMULATION AND ESTABLISHMENT OF POLICY

20 AND PROCEDURE; SUPERVISION OF PROGRAMS AND EX21 PENDITURES.—The Secretary shall vest in the Assistant

22 Secretary for Indian Affairs all functions with respect to

23 formulation and establishment of policy and procedure, and

24 supervision of programs and expenditures of Federal funds

25 for the purpose of Indian education administered by the
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1 Bureau. The Assistant Secretary shall carry out such func2 tions through the Director of the Office of Indian Education

3 Programs.

4 ‘‘(b) DIRECTION AND SUPERVISION OF PERSONNEL

5 OPERATIONS.—

6 ‘‘(1) IN GENERAL.—Not later than 6 months

7 after the date of the enactment of the Native Amer8 ican Education Improvement Act of 2001, the Direc9 tor of the Office shall direct and supervise the oper10 ations of all personnel directly and substantially in11 volved in the provision of education program services

12 by the Bureau, including school or institution custo13 dial or maintenance personnel, and personnel respon14 sible for contracting, a procurement, and finance

15 functions connected with school operation programs.

16 ‘‘(2) TRANSFERS.—The Assistant Secretary for

17 Indian Affairs shall, not later than 6 months after the

18 date of enactment of the Native American Education

19 Improvement Act of 2001, coordinate the transfer of

20 functions relating to procurements for, contracts of,

21 operation of, and maintenance of schools and other

22 support functions to the Director.

23 ‘‘(c) INHERENT FEDERAL FUNCTION.—For purposes of

24 this Act, all functions relating to education that are located

25 at the Area or Agency level and performed by an education
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1 line officer shall be subject to contract under the Indian

2 Self-Determination and Education Assistance Act, unless

3 determined by the Secretary to be inherently Federal func4 tions as defined in section 1139(9).

5 ‘‘(d) EVALUATION OF PROGRAMS; SERVICES AND SUP6 PORT FUNCTIONS; TECHNICAL AND COORDINATION ASSIST7 ANCE.—Education personnel who are under the direction

8 and supervision of the Director of the Office in accordance

9 with subsection (b)(1) shall—

10 ‘‘(1) monitor and evaluate Bureau education

11 programs;

12 ‘‘(2) provide all services and support functions

13 for education programs with respect to personnel mat14 ters involving staffing actions and functions; and

15 ‘‘(3) provide technical and coordination assist16 ance in areas such as procurement, contracting, budg17 eting, personnel, curricula, and operation and main18 tenance of school facilities.

19 ‘‘(e) CONSTRUCTION, IMPROVEMENT, OPERATION, AND

20 MAINTENANCE OF FACILITIES.—

21 ‘‘(1) PLAN FOR CONSTRUCTION.—The Assistant

22 Secretary for Indian Affairs shall submit as part of

23 the annual budget request for educational services (as

24 contained in the President’s annual budget request
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1 under section 1105 of title 31, United States Code) a

2 plan—

3 ‘‘(A) for the construction of school facilities

4 in accordance with section 1124(d);

5 ‘‘(B) for the improvement and repair of

6 education facilities and for establishing prior7 ities among the improvement and repair projects

8 involved, which together shall form the basis for

9 the distribution of appropriated funds; and

10 ‘‘(C) for capital improvements to education

11 facilities to be made over the 5 years succeeding

12 the year covered by the plan.

13 ‘‘(2) PROGRAM FOR OPERATION AND MAINTE14 NANCE.—

15 ‘‘(A) IN GENERAL.—

16 ‘‘(i) PROGRAM.—The Assistant Sec17 retary shall establish a program, including

18 a program for the distribution of funds ap19 propriated under this part, for the oper20 ation and maintenance of education facili21 ties. Such program shall include—

22 ‘‘(I) a method of computing the

23 amount necessary for the operation

24 and maintenance of each education fa25 cility;
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1 ‘‘(II) a requirement of similar

2 treatment of all Bureau funded schools;

3 ‘‘(III) a notice of an allocation of

4 the appropriated funds from the Direc5 tor of the Office directly to the appro6 priate education line officers and

7 school officials;

8 ‘‘(IV) a method for determining

9 the need for, and priority of, facilities

10 improvement and repair projects, both

11 major and minor; and

12 ‘‘(V) a system for conducting rou13 tine preventive maintenance.

14 ‘‘(ii) MEETINGS.—In making the deter15 mination referred to in clause (i)(IV), the

16 Assistant Secretary shall cause a series of

17 meetings to be conducted at the area and

18 agency level with representatives of the Bu19 reau funded schools in the corresponding

20 areas and served by corresponding agencies,

21 to receive comment on the projects described

22 in clause (i)(IV) and prioritization of such

23 projects.

24 ‘‘(B) MAINTENANCE.—The appropriate edu25 cation line officers shall make arrangements for
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1 the maintenance of the education facilities with

2 the local supervisors of the Bureau maintenance

3 personnel. The local supervisors of Bureau main4 tenance personnel shall take appropriate action

5 to implement the decisions made by the appro6 priate education line officers. No funds made

7 available under this part may be authorized for

8 expenditure for maintenance of such an edu9 cation facility unless the appropriate education

10 line officer is assured that the necessary mainte11 nance has been, or will be, provided in a reason12 able manner.

13 ‘‘(3) IMPLEMENTATION.—The requirements of

14 this subsection shall be implemented as soon as prac15 ticable after the date of enactment of the Native

16 American Education Improvement Act of 2001.

17 ‘‘(f) ACCEPTANCE OF GIFTS AND BEQUESTS.—

18 ‘‘(1) GUIDELINES.—Notwithstanding any other

19 provision of law, the Director of the Office shall pro20 mulgate guidelines for the establishment and adminis21 tration of mechanisms for the acceptance of gifts and

22 bequests for the use and benefit of particular schools

23 or designated Bureau operated education programs,

24 including, in appropriate cases, the establishment and

25 administration of trust funds.
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1 ‘‘(2) MONITORING AND REPORTS.—Except as

2 provided in paragraph (3), in a case in which a Bu3 reau operated education program is the beneficiary of

4 such a gift or bequest, the Director shall—

5 ‘‘(A) make provisions for monitoring use of

6 the gift or bequest; and

7 ‘‘(B) submit a report to the appropriate

8 committees of Congress that describes the amount

9 and terms of such gift or bequest, the manner in

10 which such gift or bequest shall be used, and any

11 results achieved by such use.

12 ‘‘(3) EXCEPTION.—The requirements of para13 graph (2) shall not apply in the case of a gift or be14 quest that is valued at $5,000 or less.

15 ‘‘(g) FUNCTIONS CLARIFIED.—In this section, the term

16 ‘functions’ includes powers and duties.

17 ‘‘SEC. 1126. ALLOTMENT FORMULA.

18 ‘‘(a) FACTORS CONSIDERED; REVISION TO REFLECT

19 STANDARDS.—

20 ‘‘(1) FORMULA.—The Secretary shall establish,

21 by regulation adopted in accordance with section

22 1136, a formula for determining the minimum an23 nual amount of funds necessary to operate each Bu24 reau funded school. In establishing such formula, the

25 Secretary shall consider—
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1 ‘‘(A) the number of eligible Indian students

2 served by the school and the total student popu3 lation of the school;

4 ‘‘(B) special cost factors, such as—

5 ‘‘(i) the isolation of the school;

6 ‘‘(ii) the need for special staffing,

7 transportation, or educational programs;

8 ‘‘(iii) food and housing costs;

9 ‘‘(iv) maintenance and repair costs as10 sociated with the physical condition of the

11 educational facilities;

12 ‘‘(v) special transportation and other

13 costs of an isolated or small school;

14 ‘‘(vi) the costs of home-living (dor15 mitory) arrangements, where determined

16 necessary by a tribal governing body or des17 ignated school board;

18 ‘‘(vii) costs associated with greater

19 lengths of service by education personnel;

20 ‘‘(viii) the costs of therapeutic pro21 grams for students requiring such programs;

22 and

23 ‘‘(ix) special costs for gifted and tal24 ented students;
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1 ‘‘(C) the costs of providing academic serv2 ices that are at least equivalent to the services

3 provided by public schools in the State in which

4 the school is located;

5 ‘‘(D) whether the available funding will en6 able the school involved to comply with the ac7 creditation standards applicable to the school

8 under section 1121; and

9 ‘‘(E) such other relevant factors as the Sec10 retary determines are appropriate including the

11 information contained in the General Accounting

12 Office study evaluating and comparing school

13 systems of the Department of Defense and the

14 Bureau of Indian Affairs.

15 ‘‘(2) REVISION OF FORMULA.—On the establish16 ment of the standards required in section 1122, the

17 Secretary shall—

18 ‘‘(A) revise the formula established under

19 paragraph (1) to reflect the cost of compliance

20 with such standards; and

21 ‘‘(B)(i) after the formula has been estab22 lished under paragraph (1), take such action as

23 may be necessary to increase the availability of

24 counseling and therapeutic programs for students
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1 in off-reservation home-living schools and other

2 Bureau operated residential facilities; and

3 ‘‘(ii) concurrently with any actions taken

4 under clause (i), review the standards established

5 under section 1122 to ensure that such standards

6 adequately provide for parental notification re7 garding, and consent for, such counseling and

8 therapeutic programs.

9 ‘‘(b) PRO RATA ALLOTMENT.—Notwithstanding any

10 other provision of law, Federal funds appropriated for the

11 general local operation of Bureau funded schools shall be

12 allotted on a pro rata basis in accordance with the formula

13 established under subsection (a).

14 ‘‘(c) ANNUAL ADJUSTMENT; RESERVATION OF AMOUNT

15 FOR SCHOOL BOARD ACTIVITIES.—

16 ‘‘(1) ANNUAL ADJUSTMENT.—

17 ‘‘(A) IN GENERAL.—For fiscal year 2002,

18 and for each subsequent fiscal year, the Secretary

19 shall adjust the formula established under sub20 section (a) to—

21 ‘‘(i) use a weighted factor of 1.2 for

22 each eligible Indian student enrolled in the

23 seventh and eighth grades of the school in

24 considering the number of eligible Indian

25 students served by the school;
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1 ‘‘(ii) consider a school with an enroll2 ment of fewer than 50 eligible Indian stu3 dents as having an average daily attend4 ance of 50 eligible Indian students for pur5 poses of implementing the adjustment factor

6 for small schools;

7 ‘‘(iii) take into account the provision

8 of residential services on less than a 9-

9 month basis at a school in a case in which

10 the school board and supervisor of the school

11 determine that the school will provide the

12 services for fewer than 9 months for the aca13 demic year involved;

14 ‘‘(iv) use a weighted factor of 2.0 for

15 each eligible Indian student that—

16 ‘‘(I) is gifted and talented; and

17 ‘‘(II) is enrolled in the school on

18 a full-time basis,

19 in considering the number of eligible Indian

20 students served by the school; and

21 ‘‘(v) use a weighted factor of 0.25 for

22 each eligible Indian student who is enrolled

23 in a year long credit course in an Indian

24 or Native language as part of the regular

25 curriculum of a school, in considering the
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1 number of eligible Indian students served by

2 such school.

3 ‘‘(B) TIMING.—The Secretary shall make

4 the adjustment required under subparagraph

5 (A)(v) for such school after—

6 ‘‘(i) the school board of such school pro7 vides a certification of the Indian or Native

8 language curriculum of the school to the

9 Secretary, together with an estimate of the

10 number of full-time students expected to be

11 enrolled in the curriculum in the second

12 academic year after the academic year for

13 which the certification is made; and

14 ‘‘(ii) the funds appropriated for allot15 ments under this section are designated, in

16 the appropriations Act appropriating such

17 funds, as the funds necessary to implement

18 such adjustment at such school without re19 ducing an allotment made under this sec20 tion to any school by virtue of such adjust21 ment.

22 ‘‘(2) RESERVATION OF AMOUNT.—

23 ‘‘(A) IN GENERAL.—From the funds allotted

24 in accordance with the formula established under

25 subsection (a) for each Bureau school, the local
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1 school board of such school may reserve an

2 amount which does not exceed the greater of—

3 ‘‘(i) $8,000; or

4 ‘‘(ii) the lesser of—

5 ‘‘(I) $15,000; or

6 ‘‘(II) 1 percent of such allotted

7 funds,

8 for school board activities for such school, includ9 ing (notwithstanding any other provision of law)

10 meeting expenses and the cost of membership in,

11 and support of, organizations engaged in activi12 ties on behalf of Indian education.

13 ‘‘(B) TRAINING.—Each local school board,

14 and any agency school board that serves as a

15 local school board for any grant or contract

16 school, shall ensure that each individual who is

17 a new member of the school board receives, with18 in 12 months after the individual becomes a

19 member of the school board, 40 hours of training

20 relevant to that individual’s service on the board.

21 Such training may include training concerning

22 legal issues pertaining to Bureau funded schools,

23 legal issues pertaining to school boards, ethics,

24 and other topics determined to be appropriate by

25 the school board. The training described in this
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1 subparagraph shall not be required but is rec2 ommended for a tribal governing body that

3 serves in the capacity of a school board.

4 ‘‘(d) RESERVATION OF AMOUNT FOR EMERGENCIES.—

5 ‘‘(1) IN GENERAL.—The Secretary shall reserve

6 from the funds available for allotment for each fiscal

7 year under this section an amount that, in the aggre8 gate, equals 1 percent of the funds available for allot9 ment for that fiscal year.

10 ‘‘(2) USE OF FUNDS.—Amounts reserved under

11 paragraph (1) shall be used, at the discretion of the

12 Director of the Office, to meet emergencies and unfore13 seen contingencies affecting the education programs

14 funded under this section. Funds reserved under this

15 subsection may only be expended for education serv16 ices or programs, including emergency repairs of edu17 cation facilities, at a school site (as defined in section

18 5204(c)(2) of the Tribally Controlled Schools Act of

19 1988).

20 ‘‘(3) FUNDS REMAINING AVAILABLE.—Funds re21 served under this subsection shall remain available

22 without fiscal year limitation until expended. The ag23 gregate amount of such funds, from all fiscal years,

24 that is available for expenditure in a fiscal year may

25 not exceed an amount equal to 1 percent of the funds
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1 available for allotment under this section for that fis2 cal year.

3 ‘‘(4) REPORTS.—If the Secretary makes funds

4 available under this subsection, the Secretary shall

5 submit a report describing such action to the appro6 priate committees of Congress as part of the Presi7 dent’s next annual budget request under section 1105

8 of title 31, United States Code.

9 ‘‘(e) SUPPLEMENTAL APPROPRIATIONS.—Any funds

10 provided in a supplemental appropriations Act to meet in11 creased pay costs attributable to school level personnel of

12 Bureau funded schools shall be allotted under this section.

13 ‘‘(f) ELIGIBLE INDIAN STUDENT DEFINED.—In this

14 section, the term ‘eligible Indian student’ means a student

15 who—

‘‘(1) is a member of, or is at least 1 16 ⁄4 degree In17 dian blood descendant of a member of, a tribe that is

18 eligible for the special programs and services provided

19 by the United States through the Bureau to Indians

20 because of their status as Indians;

21 ‘‘(2) resides on or near a reservation or meets the

22 criteria for attendance at a Bureau off-reservation

23 home-living school; and

24 ‘‘(3) is enrolled in a Bureau funded school.

25 ‘‘(g) TUITION.—
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1 ‘‘(1) IN GENERAL.—A Bureau school or contract

2 or grant school may not charge an eligible Indian

3 student tuition for attendance at the school. A Bureau

4 school may not charge a student attending the school

5 under the circumstances described in paragraph

6 (2)(B) tuition for attendance at the school.

7 ‘‘(2) ATTENDANCE OF NON-INDIAN STUDENTS AT

8 BUREAU SCHOOLS.—The Secretary may permit the

9 attendance at a Bureau school of a student who is not

10 an eligible Indian student if—

11 ‘‘(A)(i) the Secretary determines that the

12 student’s attendance will not adversely affect the

13 school’s program for eligible Indian students be14 cause of cost, overcrowding, or violation of stand15 ards or accreditation requirements; and

16 ‘‘(ii) the local school board consents; and

17 ‘‘(B)(i) the student is a dependent of a Bu18 reau, Indian Health Service, or tribal govern19 ment employee who lives on or near the school

20 site; or

21 ‘‘(ii) tuition is paid for the student in an

22 amount that is not more than the amount of tui23 tion charged by the nearest public school district

24 for out-of-district students, and is paid in addi25 tion to the school’s allotment under this section.
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1 ‘‘(3) ATTENDANCE OF NON-INDIAN STUDENTS AT

2 CONTRACT AND GRANT SCHOOLS.—The school board of

3 a contract or grant school may permit students who

4 are not eligible Indian students to attend the contract

5 or grant school. Any tuition collected for those stu6 dents shall be in addition to the amount the school re7 ceived under this section.

8 ‘‘(h) FUNDS AVAILABLE WITHOUT FISCAL YEAR LIMI9 TATION.—Notwithstanding any other provision of law, at

10 the election of the local school board of a Bureau school

11 made at any time during a fiscal year, a portion equal

12 to not more than 15 percent of the funds allotted for the

13 school under this section for the fiscal year shall remain

14 available to the school for expenditure without fiscal year

15 limitation. The Assistant Secretary for Indian Affairs shall

16 take such steps as may be necessary to implement this sub17 section.

18 ‘‘(i) STUDENTS AT RICHFIELD DORMITORY, RICH19 FIELD, UTAH.—Tuition for the instruction of each out-of20 State Indian student in a home-living situation at the

21 Richfield dormitory in Richfield, Utah, who attends Sevier

22 County high schools in Richfield, Utah, for an academic

23 year, shall be paid from Indian school equalization pro24 gram funds authorized in this section and section 1129, at

25 a rate not to exceed the weighted amount provided for under
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1 subsection (b) for a student for that year. No additional

2 administrative cost funds shall be provided under this part

3 to pay for administrative costs relating to the instruction

4 of the students.

5 ‘‘SEC. 1127. ADMINISTRATIVE COST GRANTS.

6 ‘‘(a) DEFINITIONS.—In this section:

7 ‘‘(1) ADMINISTRATIVE COST.—

8 ‘‘(A) IN GENERAL.—The term ‘administra9 tive cost’ means the cost of necessary administra10 tive functions which—

11 ‘‘(i) the tribe or tribal organization incurs

12 as a result of operating a tribal elementary or

13 secondary educational program;

14 ‘‘(ii) are not customarily paid by com15 parable Bureau operated programs out of direct

16 program funds; and

17 ‘‘(iii) are either—

18 ‘‘(I) normally provided for comparable

19 Bureau programs by Federal officials using

20 resources other than Bureau direct program

21 funds; or

22 ‘‘(II) are otherwise required of tribal

23 self-determination program operators by

24 law or prudent management practice.
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1 ‘‘(B) INCLUSIONS.—The term ‘administra2 tive cost’ may include—

3 ‘‘(i) contract or grant (or other agreement)

4 administration;

5 ‘‘(ii) executive, policy, and corporate leader6 ship and decisionmaking;

7 ‘‘(iii) program planning, development, and

8 management;

9 ‘‘(iv) fiscal, personnel, property, and pro10 curement management;

11 ‘‘(v) related office services and record keep12 ing; and

13 ‘‘(vi) costs of necessary insurance, auditing,

14 legal, safety and security services.

15 ‘‘(2) BUREAU ELEMENTARY AND SECONDARY

16 FUNCTIONS.—The term ‘Bureau elementary and sec17 ondary functions’ means—

18 ‘‘(A) all functions funded at Bureau schools

19 by the Office;

20 ‘‘(B) all programs—

21 ‘‘(i) funds for which are appropriated

22 to other agencies of the Federal Government;

23 and
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1 ‘‘(ii) which are administered for the

2 benefit of Indians through Bureau schools;

3 and

4 ‘‘(C) all operation, maintenance, and repair

5 funds for facilities and government quarters used

6 in the operation or support of elementary and

7 secondary education functions for the benefit of

8 Indians, from whatever source derived.

9 ‘‘(3) DIRECT COST BASE.—

10 ‘‘(A) IN GENERAL.—Except as otherwise

11 provided in subparagraph (B), the direct cost

12 base of a tribe or tribal organization for the fis13 cal year is the aggregate direct cost program

14 funding for all tribal elementary or secondary

15 educational programs operated by the tribe or

16 tribal organization during—

17 ‘‘(i) the second fiscal year preceding such

18 fiscal year; or

19 ‘‘(ii) if such programs have not been oper20 ated by the tribe or tribal organization during

21 the two preceding fiscal years, the first fiscal

22 year preceding such fiscal year.

23 ‘‘(B) FUNCTIONS NOT PREVIOUSLY OPER24 ATED.—In the case of Bureau elementary or sec25 ondary education functions which have not pre-
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1 viously been operated by a tribe or tribal organi2 zation under contract, grant, or agreement with

3 the Bureau, the direct cost base for the initial

4 year shall be the projected aggregate direct cost

5 program funding for all Bureau elementary and

6 secondary functions to be operated by the tribe or

7 tribal organization during that fiscal year.

8 ‘‘(4) MAXIMUM BASE RATE.—The term ‘max9 imum base rate’ means 50 percent.

10 ‘‘(5) MINIMUM BASE RATE.—The term ‘min11 imum base rate’ means 11 percent.

12 ‘‘(6) STANDARD DIRECT COST BASE.—The term

13 ‘standard direct cost base’ means $600,000.

14 ‘‘(7) TRIBAL ELEMENTARY OR SECONDARY EDU15 CATIONAL PROGRAMS.—The term ‘tribal elementary

16 or secondary educational programs’ means all Bureau

17 elementary and secondary functions, together with

18 any other Bureau programs or portions of programs

19 (excluding funds for social services that are appro20 priated to agencies other than the Bureau and are ex21 pended through the Bureau, funds for major sub22 contracts, construction, and other major capital ex23 penditures, and unexpended funds carried over from

24 prior years) which share common administrative cost

25 functions, that are operated directly by a tribe or
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1 tribal organization under a contract, grant, or agree2 ment with the Bureau.

3 ‘‘(b) GRANTS; EFFECT UPON APPROPRIATED

4 AMOUNTS.—

5 ‘‘(1) GRANTS.—

6 ‘‘(A) IN GENERAL.—The Secretary shall

7 provide a grant to each tribe or tribal organiza8 tion operating a contract or grant school, in an

9 amount determined under this section, for the

10 purpose of paying the administrative and indi11 rect costs incurred in operating the contract or

12 grant school, in order to—

13 ‘‘(i) enable the tribe or tribal organiza14 tion operating the school, without reducing

15 direct program services to the beneficiaries

16 of the program, to provide all related ad17 ministrative overhead services and oper18 ations necessary to meet the requirements of

19 law and prudent management practice; and

20 ‘‘(ii) carry out other necessary support

21 functions that would otherwise be provided

22 by the Secretary or other Federal officers or

23 employees, from resources other than direct

24 program funds, in support of comparable

25 Bureau operated programs.
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1 ‘‘(B) AMOUNT.—No school operated as a

2 stand-alone institution shall receive less than

3 $200,000 per year under this paragraph.

4 ‘‘(2) EFFECT UPON APPROPRIATED AMOUNTS.—

5 Amounts appropriated to fund the grants provided for

6 under this section shall be in addition to, and shall

7 not reduce, the amounts appropriated for the program

8 being administered by the contract or grant school.

9 ‘‘(c) DETERMINATION OF GRANT AMOUNT.—

10 ‘‘(1) IN GENERAL.—The amount of the grant

11 provided to each tribe or tribal organization under

12 this section for each fiscal year shall be determined by

13 applying the administrative cost percentage rate de14 termined under subsection (d) of the tribe or tribal or15 ganization to the aggregate cost of the Bureau elemen16 tary and secondary functions operated by the tribe or

17 tribal organization for which funds are received from

18 or through the Bureau. The administrative cost per19 centage rate does not apply to programs not relating

20 to such functions that are operated by the tribe or

21 tribal organization.

22 ‘‘(2) DIRECT COST BASE FUNDS.—The Secretary

23 shall—

24 ‘‘(A) reduce the amount of the grant deter25 mined under paragraph (1) to the extent that
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1 payments for administrative costs are actually

2 received by a tribe or tribal organization under

3 any Federal education program that is included

4 in the direct cost base of the tribe or tribal orga5 nization; and

6 ‘‘(B) take such actions as may be necessary

7 to be reimbursed by any other department or

8 agency of the Federal Government (other than

9 the Department of the Interior) for the portion

10 of grants made under this section for the costs of

11 administering any program for Indians that is

12 funded by appropriations made to such other de13 partment or agency.

14 ‘‘(3) REDUCTIONS.—If the total amount of funds

15 necessary to provide grants to tribes and tribal orga16 nizations in the amounts determined under para17 graph (1) and (2) for a fiscal year exceeds the amount

18 of funds appropriated to carry out this section for

19 such fiscal year, the Secretary shall reduce the

20 amount of each grant determined under this sub21 section for such fiscal year by an amount that bears

22 the same relationship to such excess as the amount of

23 such grants determined under this subsection bears to

24 the total of all grants determined under this sub-
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1 section for all tribes and tribal organizations for such

2 fiscal year.

3 ‘‘(d) ADMINISTRATIVE COST PERCENTAGE RATE.—

4 ‘‘(1) IN GENERAL.—For purposes of this section,

5 the administrative cost percentage rate for a contract

6 or grant school for a fiscal year is equal to the per7 centage determined by dividing—

8 ‘‘(A) the sum of—

9 ‘‘(i) the amount equal to—

10 ‘‘(I) the direct cost base of the

11 tribe or tribal organization for the fis12 cal year; multiplied by

13 ‘‘(II) the minimum base rate; plus

14 ‘‘(ii) the amount equal to—

15 ‘‘(I) the standard direct cost base;

16 multiplied by

17 ‘‘(II) the maximum base rate; by

18 ‘‘(B) the sum of—

19 ‘‘(i) the direct cost base of the tribe or

20 tribal organization for the fiscal year; and

21 ‘‘(ii) the standard direct cost base.

22 ‘‘(2) ROUNDING.—The administrative cost percentage rate shall be determined to 1 23 ⁄100 of a percent.

24 ‘‘(e) COMBINING FUNDS.—
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1 ‘‘(1) IN GENERAL.—Funds received by a tribe,

2 tribal organization, or contract or grant school

3 through grants made under this section for tribal ele4 mentary or secondary educational programs may be

5 combined by the tribe, tribal organization, or contract

6 or grant school and placed into a single administra7 tive cost account without the necessity of maintaining

8 separate funding source accounting.

9 ‘‘(2) INDIRECT COST FUNDS.—Indirect cost funds

10 for programs at the school that share common admin11 istrative services with the tribal elementary or sec12 ondary educational programs may be included in the

13 administrative cost account described in paragraph

14 (1).

15 ‘‘(f) AVAILABILITY OF FUNDS.—Funds received

16 through a grant made under this section with respect to

17 tribal elementary or secondary educational programs at a

18 contract or grant school shall remain available to the con19 tract or grant school—

20 ‘‘(1) without fiscal year limitation; and

21 ‘‘(2) without reducing the amount of any grants

22 otherwise payable to the school under this section for

23 any fiscal year after the fiscal year for which the

24 grant is provided.
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1 ‘‘(g) TREATMENT OF FUNDS.—Funds received through

2 a grant made under this section for Bureau funded pro3 grams operated by a tribe or tribal organization under a

4 contract or grant shall not be taken into consideration for

5 purposes of indirect cost underrecovery and overrecovery de6 terminations by any Federal agency for any other funds,

7 from whatever source derived.

8 ‘‘(h) TREATMENT OF ENTITY OPERATING OTHER PRO9 GRAMS.—In applying this section and section 106 of the

10 Indian Self-Determination and Education Assistance Act

11 with respect to an Indian tribe or tribal organization

12 that—

13 ‘‘(1) receives funds under this section for admin14 istrative costs incurred in operating a contract or

15 grant school or a school operated under the Tribally

16 Controlled Schools Act of 1988; and

17 ‘‘(2) operates one or more other programs under

18 a contract or grant provided under the Indian Self19 Determination and Education Assistance Act,

20 the Secretary shall ensure that the Indian tribe or tribal

21 organization is provided with the full amount of the admin22 istrative costs that are associated with operating the con23 tract or grant school, and of the indirect costs, that are asso24 ciated with all of such other programs, except that funds

25 appropriated for implementation of this section shall be
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1 used only to supply the amount of the grant required to

2 be provided by this section.

3 ‘‘(i) APPLICABILITY TO SCHOOLS OPERATING UNDER

4 TRIBALLY CONTROLLED SCHOOLS ACT OF 1988.—The pro5 visions of this section that apply to contract or grant schools

6 shall also apply to those schools receiving assistance under

7 the Tribally Controlled Schools Act of 1988.

8 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There are

9 authorized to be appropriated such sums as may be nec10 essary to carry out this section.

11 ‘‘(k) ADMINISTRATIVE COST GRANT BUDGET RE12 QUESTS.—

13 ‘‘(1) IN GENERAL.—Beginning with President’s

14 annual budget request under section 1105 of title 31,

15 United States Code for fiscal year 2002, and with re16 spect to each succeeding budget request, the Secretary

17 shall submit to the appropriate committees of Con18 gress information and funding requests for the full

19 funding of administrative costs grants required to be

20 paid under this section.

21 ‘‘(2) REQUIREMENTS.—

22 ‘‘(A) FUNDING FOR NEW CONVERSIONS TO

23 CONTRACT OR GRANT SCHOOL OPERATIONS.—

24 With respect to a budget request under para25 graph (1), the amount required to provide full
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1 funding for an administrative cost grant for

2 each tribe or tribal organization expected to

3 begin operation of a Bureau-funded school as

4 contract or grant school in the academic year

5 funded by such annual budget request, the

6 amount so required shall not be less than 10 per7 cent of the amount required for subparagraph

8 (B).

9 ‘‘(B) FUNDING FOR CONTINUING CONTRACT

10 AND GRANT SCHOOL OPERATIONS.—With respect

11 to a budget request under paragraph (1), the

12 amount required to provide full funding for an

13 administrative cost grant for each tribe or tribal

14 organization operating a contract or grant school

15 at the time the annual budget request is sub16 mitted, which amount shall include the amount

17 of funds required to provide full funding for an

18 administrative cost grant for each tribe or tribal

19 organization which began operation of a contract

20 or grant school with administrative cost grant

21 funds supplied from the amount described in

22 subparagraph (A).

23 ‘‘SEC. 1128. DIVISION OF BUDGET ANALYSIS.

24 ‘‘(a) ESTABLISHMENT.—Not later than 12 months

25 after the date of enactment of the Native American Edu-
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1 cation Improvement Act of 2001, the Secretary shall estab2 lish within the Office of Indian Education Programs a Di3 vision of Budget Analysis (referred to in this section as the

4 ‘Division’). Such Division shall be under the direct super5 vision and control of the Director of the Office.

6 ‘‘(b) FUNCTIONS.—In consultation with the tribal gov7 erning bodies and local school boards the Director of the

8 Office, through the head of the Division, shall conduct stud9 ies, surveys, or other activities to gather demographic infor10 mation on Bureau funded schools and project the amounts

11 necessary to provide to Indian students in such schools the

12 educational program set forth in this part.

13 ‘‘(c) ANNUAL REPORTS.—Not later than the date that

14 the Assistant Secretary for Indian Affairs submits the an15 nual budget request as part of the President’s annual budget

16 request under section 1105 of title 31, United States Code

17 for each fiscal year after the date of enactment of the Native

18 American Education Improvement Act of 2001, the Director

19 of the Office shall submit to the appropriate committees of

20 Congress (including the Committee on Appropriations of

21 the House of Representatives and the Committee on Appro22 priations of the Senate), all Bureau funded schools, and the

23 tribal governing bodies relating to such schools, a report

24 that shall contain—
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1 ‘‘(1) projections, based on the information gath2 ered pursuant to subsection (b) and any other rel3 evant information, of amounts necessary to provide to

4 Indian students in Bureau funded schools the edu5 cational program set forth in this part;

6 ‘‘(2) a description of the methods and formulas

7 used to calculate the amounts projected pursuant to

8 paragraph (1); and

9 ‘‘(3) such other information as the Director of

10 the Office considers to be appropriate.

11 ‘‘(d) USE OF REPORTS.—The Director of the Office

12 and the Assistant Secretary for Indian Affairs shall use the

13 information contained in the annual report required by

14 subsection (c) in preparing their annual budget requests.

15 ‘‘SEC. 1129. UNIFORM DIRECT FUNDING AND SUPPORT.

16 ‘‘(a) ESTABLISHMENT OF SYSTEM AND FORWARD

17 FUNDING.—

18 ‘‘(1) IN GENERAL.—The Secretary shall establish,

19 by regulation adopted in accordance with section

20 1136, a system for the direct funding and support of

21 all Bureau funded schools. Such system shall allot

22 funds in accordance with section 1126. All amounts

23 appropriated for distribution in accordance with this

24 section shall be made available in accordance with

25 paragraph (2).
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1 ‘‘(2) TIMING FOR USE OF FUNDS.—

2 ‘‘(A) AVAILABILITY.—For the purposes of

3 affording adequate notice of funding available

4 pursuant to the allotments made under section

5 1126 and the allotments of funds for operation

6 and maintenance of facilities, amounts appro7 priated in an appropriations Act for any fiscal

8 year for such allotments shall become available

9 for obligation by the affected schools on July 1

10 of the fiscal year for which such allotments are

11 appropriated without further action by the Sec12 retary, and shall remain available for obligation

13 through the succeeding fiscal year.

14 ‘‘(B) PUBLICATIONS.—The Secretary shall,

15 on the basis of the amounts appropriated as de16 scribed in this paragraph—

17 ‘‘(i) publish, not later than July 1 of

18 the fiscal year for which the amounts are

19 appropriated, information indicating the

20 amount of the allotments to be made to each

21 affected school under section 1126, of 80

22 percent of such appropriated amounts; and

23 ‘‘(ii) publish, not later than September

24 30 of such fiscal year, information indi25 cating the amount of the allotments to be
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1 made under section 1126, from the remain2 ing 20 percent of such appropriated

3 amounts, adjusted to reflect the actual stu4 dent attendance.

5 Any overpayments made to tribal schools shall be

6 returned to the Secretary not later than 30 days

7 after the final determination that the school was

8 overpaid pursuant to this section.

9 ‘‘(3) LIMITATION.—

10 ‘‘(A) EXPENDITURES.—Notwithstanding

11 any other provision of law (including a regula12 tion), the supervisor of a Bureau school may ex13 pend an aggregate of not more than $50,000 of

14 the amount allotted to the school under section

15 1126 to acquire materials, supplies, equipment,

16 operation services, maintenance services, and

17 other services for the school, and amounts re18 ceived as operations and maintenance funds,

19 funds received from the Department of Edu20 cation, or funds received from other Federal

21 sources, without competitive bidding if—

22 ‘‘(i) the cost for any single item ac23 quired does not exceed $15,000;

24 ‘‘(ii) the school board approves the ac25 quisition;
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1 ‘‘(iii) the supervisor certifies that the

2 cost is fair and reasonable;

3 ‘‘(iv) the documents relating to the ac4 quisition executed by the supervisor of the

5 school or other school staff cite this para6 graph as authority for the acquisition; and

7 ‘‘(v) the acquisition transaction is doc8 umented in a journal maintained at the

9 school that clearly identifies when the trans10 action occurred, the item that was acquired

11 and from whom, the price paid, the quan12 tities acquired, and any other information

13 the supervisor or the school board considers

14 to be relevant.

15 ‘‘(B) NOTICE.—Not later than 6 months

16 after the date of enactment of the Native Amer17 ican Education Improvement Act of 2001, the

18 Secretary shall send notice of the provisions of

19 this paragraph to each supervisor of a Bureau

20 school and associated school board chairperson,

21 the education line officer of each agency and

22 area, and the Bureau division in charge of pro23 curement, at both the local and national levels.

24 ‘‘(C) APPLICATION AND GUIDELINES.—The

25 Director of the Office shall be responsible for—
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1 ‘‘(i) determining the application of this

2 paragraph, including the authorization of

3 specific individuals to carry out this para4 graph;

5 ‘‘(ii) ensuring that there is at least 1

6 such individual at each Bureau facility;

7 and

8 ‘‘(iii) the provision of guidelines on the

9 use of this paragraph and adequate train10 ing on such guidelines.

11 ‘‘(b) LOCAL FINANCIAL PLANS FOR EXPENDITURE OF

12 FUNDS.—

13 ‘‘(1) PLAN REQUIRED.—

14 ‘‘(A) IN GENERAL.—Each Bureau school

15 that receives an allotment under section 1126

16 shall prepare a local financial plan that specifies

17 the manner in which the school will expend the

18 funds made available under the allotment and

19 ensures that the school will meet the accredita20 tion requirements or standards for the school

21 pursuant to section 1121.

22 ‘‘(B) REQUIREMENT.—A local financial

23 plan under subparagraph (A) shall comply with

24 all applicable Federal and tribal laws.
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1 ‘‘(C) PREPARATION AND REVISION.—The fi2 nancial plan for a school under subparagraph

3 (A) shall be prepared by the supervisor of the

4 school in active consultation with the local school

5 board for the school. The local school board for

6 each school shall have the authority to ratify, re7 ject, or amend such financial plan and, at the

8 initiative of the local school board or in response

9 to the supervisor of the school, to revise such fi10 nancial plan to meet needs not foreseen at the

11 time of preparation of the financial plan.

12 ‘‘(D) ROLE OF SUPERVISOR.—The super13 visor of the school—

14 ‘‘(i) shall put into effect the decisions

15 of the school board relating to the financial

16 plan under subparagraph (A); and

17 ‘‘(ii) shall provide the appropriate

18 local union representative of the education

19 employees of the school with copies of pro20 posed financial plans relating to the school

21 and all modifications and proposed modi22 fications to the plans, and at the same time

23 submit such copies to the local school board.

24 ‘‘(iii) may appeal any such action of

25 the local school board to the appropriate
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1 education line officer of the Bureau agency

2 by filing a written statement describing the

3 action and the reasons the supervisor be4 lieves such action should be overturned.

5 A copy of the statement under clause (iii) shall

6 be submitted to the local school board and such

7 board shall be afforded an opportunity to re8 spond, in writing, to such appeal. After review9 ing such written appeal and response, the appro10 priate education line officer may, for good cause,

11 overturn the action of the local school board. The

12 appropriate education line officer shall transmit

13 the determination of such appeal in the form of

14 a written opinion to such board and to such su15 pervisor identifying the reasons for overturning

16 such action.

17 ‘‘(2) REQUIREMENT.—A Bureau school shall ex18 pend amounts received under an allotment under sec19 tion 1126 in accordance with the local financial plan

20 prepared under paragraph (1).

21 ‘‘(c) TRIBAL DIVISION OF EDUCATION, SELF-DETER22 MINATION GRANT AND CONTRACT FUNDS.—The Secretary

23 may approve applications for funding tribal divisions of

24 education and developing tribal codes of education, from
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1 funds made available pursuant to section 103(a) of the In2 dian Self-Determination and Education Assistance Act.

3 ‘‘(d) TECHNICAL ASSISTANCE AND TRAINING.—A local

4 school board may, in the exercise of the authority of the

5 school board under this section, request technical assistance

6 and training from the Secretary. The Secretary shall, to

7 the greatest extent possible, provide such assistance and

8 training, and make appropriate provision in the budget of

9 the Office for such assistance and training.

10 ‘‘(e) SUMMER PROGRAM OF ACADEMIC AND SUPPORT

11 SERVICES.—

12 ‘‘(1) IN GENERAL.—A financial plan prepared

13 under subsection (b) for a school may include, at the

14 discretion of the supervisor and the local school board

15 of such school, a provision for funding a summer pro16 gram of academic and support services for students of

17 the school. Any such program may include activities

18 related to the prevention of alcohol and substance

19 abuse. The Assistant Secretary for Indian Affairs

20 shall provide for the utilization of facilities of the

21 school for such program during any summer in which

22 such utilization is requested.

23 ‘‘(2) USE OF OTHER FUNDS.—Notwithstanding

24 any other provision of law, funds authorized under

25 the Act of April 16, 1934 (commonly known as the
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1 ‘Johnson-O’Malley Act’; 48 Stat. 596, chapter 147)

2 and this Act may be used to augment the services pro3 vided in each summer program referred to in para4 graph (1) at the option of the tribe or school receiving

5 such funds. The augmented services shall be under the

6 control of the tribe or school.

7 ‘‘(3) TECHNICAL ASSISTANCE AND PROGRAM CO8 ORDINATION.—The Assistant Secretary for Indian Af9 fairs, acting through the Director of the Office, shall

10 provide technical assistance and coordination of ac11 tivities for any program described in paragraph (1)

12 and shall, to the extent possible, encourage the coordi13 nation of such programs with any other summer pro14 grams that might benefit Indian youth, regardless of

15 the funding source or administrative entity of such

16 programs.

17 ‘‘(f) COOPERATIVE AGREEMENTS.—

18 ‘‘(1) IN GENERAL.—From funds allotted to a Bu19 reau school under section 1126, the Secretary shall, if

20 specifically requested by the appropriate tribal gov21 erning body, implement a cooperative agreement that

22 is entered into between the tribe, the Bureau, the local

23 school board, and a local public school district that

24 meets the requirements of paragraph (2) and involves

25 the school. The tribe, the Bureau, the school board,
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1 and the local public school district shall determine the

2 terms of the agreement.

3 ‘‘(2) COORDINATION PROVISIONS.—An agreement

4 under paragraph (1) may, with respect to the Bureau

5 school and schools in the school district involved, en6 compass coordination of all or any part of the fol7 lowing:

8 ‘‘(A) The academic program and cur9 riculum, unless the Bureau school is accredited

10 by a State or regional accrediting entity and

11 would not continue to be so accredited if the

12 agreement encompassed the program and cur13 riculum.

14 ‘‘(B) Support services, including procure15 ment and facilities maintenance.

16 ‘‘(C) Transportation.

17 ‘‘(3) EQUAL BENEFIT AND BURDEN.—

18 ‘‘(A) IN GENERAL.—Each agreement entered

19 into pursuant to the authority provided in para20 graph (1) shall confer a benefit upon the Bureau

21 school commensurate with the burden assumed

22 by the school.

23 ‘‘(B) LIMITATION.—Subparagraph (A) shall

24 not be construed to require equal expenditures, or
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1 an exchange of similar services, by the Bureau

2 school and schools in the school district.

3 ‘‘(g) PRODUCT OR RESULT OF STUDENT PROJECTS.—

4 Notwithstanding any other provision of law, where there

5 is agreement on action between the superintendent and the

6 school board of a Bureau funded school, the product or re7 sult of a project conducted in whole or in major part by

8 a student may be given to that student upon the completion

9 of such project.

10 ‘‘(h) MATCHING FUND REQUIREMENTS.—

11 ‘‘(1) NOT CONSIDERED FEDERAL FUNDS.—Not12 withstanding any other provision of law, funds re13 ceived by a Bureau funded school under this title for

14 education-related activities (not including funds for

15 construction, maintenance, and facilities improve16 ment or repair) shall not be considered Federal funds

17 for the purposes of a matching funds requirement for

18 any Federal program.

19 ‘‘(2) NONAPPLICATION OF REQUIREMENTS.—

20 ‘‘(A) IN GENERAL.—Notwithstanding any

21 other provision of law, no requirement relating

22 to the provision of matching funds or the provi23 sion of services or in-kind activity as a condition

24 of participation in a program or project or re25 ceipt of a grant, shall apply to a Bureau funded
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1 school unless the provision of law authorizing

2 such requirement specifies that such requirement

3 applies to such a school.

4 ‘‘(B) LIMITATION.—In considering an ap5 plication from a Bureau funded school for par6 ticipation in a program or project that has a re7 quirement described in subparagraph (A), the

8 entity administering such program or project or

9 awarding such grant shall not give positive or

10 negative weight to such application based solely

11 on the provisions of this paragraph. Such an ap12 plication shall be considered as if it fully met

13 any matching requirement.

14 ‘‘SEC. 1130. POLICY FOR INDIAN CONTROL OF INDIAN EDU15 CATION.

16 ‘‘(a) FACILITATION OF INDIAN CONTROL.—It shall be

17 the policy of the United States acting through the Secretary,

18 in carrying out the functions of the Bureau, to facilitate

19 Indian control of Indian affairs in all matters relating to

20 education.

21 ‘‘(b) CONSULTATION WITH TRIBES.—

22 ‘‘(1) IN GENERAL.—All actions under this Act

23 shall be done with active consultation with tribes. The

24 United States acting through the Secretary, and

25 tribes shall work in a government-to-government rela-
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1 tionship to ensure quality education for all tribal

2 members.

3 ‘‘(2) REQUIREMENTS.—The consultation re4 quired under paragraph (1) means a process involv5 ing the open discussion and joint deliberation of all

6 options with respect to potential issues or changes be7 tween the Bureau and all interested parties. During

8 such discussions and joint deliberations, interested

9 parties (including tribes and school officials) shall be

10 given an opportunity to present issues including pro11 posals regarding changes in current practices or pro12 grams which will be considered for future action by

13 the Secretary. All interested parties shall be given an

14 opportunity to participate and discuss the options

15 presented or to present alternatives, with the views

16 and concerns of the interested parties given effect un17 less the Secretary determines, from information avail18 able from or presented by the interested parties dur19 ing one or more of the discussions and deliberations,

20 that there is a substantial reason for another course

21 of action. The Secretary shall submit to any Member

22 of Congress, within 18 days of the receipt of a written

23 request by such Member, a written explanation of any

24 decision made by the Secretary which is not con25 sistent with the views of the interested parties.
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1 ‘‘SEC. 1131. INDIAN EDUCATION PERSONNEL.

2 ‘‘(a) DEFINITIONS.—In this section:

3 ‘‘(1) EDUCATION POSITION.—The term ‘edu4 cation position’ means a position in the Bureau the

5 duties and responsibilities of which—

6 ‘‘(A) are performed on a school-year basis

7 principally in a Bureau school and involve—

8 ‘‘(i) classroom or other instruction or

9 the supervision or direction of classroom or

10 other instruction;

11 ‘‘(ii) any activity (other than teaching)

12 that requires academic credits in edu13 cational theory and practice equal to the

14 academic credits in educational theory and

15 practice required for a bachelor’s degree in

16 education from an accredited institution of

17 higher education;

18 ‘‘(iii) any activity in or related to the

19 field of education, whether or not academic

20 credits in educational theory and practice

21 are a formal requirement for the conduct of

22 such activity; or

23 ‘‘(iv) provision of support services at,

24 or associated with, the site of the school; or

25 ‘‘(B) are performed at the agency level of

26 the Bureau and involve the implementation of
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1 education-related programs, other than the posi2 tion of agency superintendent for education.

3 ‘‘(2) EDUCATOR.—The term ‘educator’ means an

4 individual whose services are required, or who is em5 ployed, in an education position.

6 ‘‘(b) CIVIL SERVICE AUTHORITIES INAPPLICABLE.—

7 Chapter 51, subchapter III of chapter 53, and chapter 63

8 of title 5, United States Code, relating to classification, pay,

9 and leave, respectively, and the sections of such title relating

10 to the appointment, promotion, hours of work, and removal

11 of civil service employees, shall not apply to educators or

12 to education positions.

13 ‘‘(c) REGULATIONS.—Not later than 60 days after the

14 date of enactment of the Native American Education Im15 provement Act of 2001, the Secretary shall prescribe regula16 tions to carry out this section. Such regulations shall in17 clude provisions relating to—

18 ‘‘(1) the establishment of education positions;

19 ‘‘(2) the establishment of qualifications for edu20 cators and education personnel;

21 ‘‘(3) the fixing of basic compensation for edu22 cators and education positions;

23 ‘‘(4) the appointment of educators;

24 ‘‘(5) the discharge of educators;
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1 ‘‘(6) the entitlement of educators to compensa2 tion;

3 ‘‘(7) the payment of compensation to educators;

4 ‘‘(8) the conditions of employment of educators;

5 ‘‘(9) the leave system for educators;

6 ‘‘(10) the length of the school year applicable to

7 education positions described in subsection (a)(1)(A);

8 and

9 ‘‘(11) such matters as may be appropriate.

10 ‘‘(d) QUALIFICATIONS OF EDUCATORS.—

11 ‘‘(1) REQUIREMENTS.—In prescribing regula12 tions to govern the qualifications of educators, the

13 Secretary shall require—

14 ‘‘(A) that lists of qualified and interviewed

15 applicants for education positions be maintained

16 in the appropriate agency or area office of the

17 Bureau or, in the case of individuals applying

18 at the national level, the Office;

19 ‘‘(B)(i) that a local school board have the

20 authority to waive, on a case-by-case basis, any

21 formal education or degree qualification estab22 lished by regulation, in order for a tribal mem23 ber to be hired in an education position to teach

24 courses on tribal culture and language; and
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1 ‘‘(ii) that a determination by a local school

2 board that such a tribal member be hired shall

3 be instituted by the supervisor of the school in4 volved; and

5 ‘‘(C) that it shall not be a prerequisite to

6 the employment of an individual in an edu7 cation position at the local level—

8 ‘‘(i) that such individual’s name ap9 pear on a list maintained pursuant to sub10 paragraph (A); or

11 ‘‘(ii) that such individual have applied

12 at the national level for an education posi13 tion.

14 ‘‘(2) EXCEPTION FOR CERTAIN TEMPORARY EM15 PLOYMENT.—The Secretary may authorize the tem16 porary employment in an education position of an

17 individual who has not met the certification stand18 ards established pursuant to regulations, if the Sec19 retary determines that failure to authorize the em20 ployment would result in that position remaining va21 cant.

22 ‘‘(e) HIRING OF EDUCATORS.—

23 ‘‘(1) REQUIREMENTS.—In prescribing regula24 tions to govern the appointment of educators, the Sec25 retary shall require—
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1 ‘‘(A)(i)(I) that educators employed in a Bu2 reau school (other than the supervisor of the

3 school) shall be hired by the supervisor of the

4 school; and

5 ‘‘(II) that, in a case in which there are no

6 qualified applicants available to fill a vacancy

7 at a Bureau school, the supervisor may consult

8 a list maintained pursuant to subsection

9 (d)(1)(A);

10 ‘‘(ii) each supervisor of a Bureau school

11 shall be hired by the education line officer of the

12 agency office of the Bureau for the jurisdiction

13 in which the school is located;

14 ‘‘(iii) each educator employed in an agency

15 office of the Bureau shall be hired by the super16 intendent for education of the agency office; and

17 ‘‘(iv) each education line officer and educa18 tor employed in the office of the Director of the

19 Office shall be hired by the Director;

20 ‘‘(B)(i) that, before an individual is em21 ployed in an education position in a Bureau

22 school by the supervisor of the school (or, with re23 spect to the position of supervisor, by the appro24 priate agency education line officer), the local

25 school board for the school shall be consulted; and
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1 ‘‘(ii) that a determination by such school

2 board, as evidenced by school board records, that

3 such individual should or should not be so em4 ployed shall be instituted by the supervisor (or

5 with respect to the position of supervisor, by the

6 superintendent for education of the agency of7 fice);

8 ‘‘(C)(i) that, before an individual is em9 ployed in an education position in an agency or

10 area office of the Bureau, the appropriate agency

11 school board shall be consulted; and

12 ‘‘(ii) that a determination by such school

13 board, as evidenced by school board records, that

14 such individual should or should not be employed

15 shall be instituted by the superintendent for edu16 cation of the agency office; and

17 ‘‘(D) that all employment decisions or ac18 tions be in compliance with all applicable Fed19 eral, State and tribal laws.

20 ‘‘(2) INFORMATION REGARDING APPLICATION AT

21 NATIONAL LEVEL.—

22 ‘‘(A) IN GENERAL.—Any individual who

23 applies at the local level for an education posi24 tion shall state on such individual’s application
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1 whether or not such individual has applied at

2 the national level for an education position.

3 ‘‘(B) EFFECT OF INACCURATE STATE4 MENT.—If an individual described in subpara5 graph (A) is employed at the local level, such in6 dividual’s name shall be immediately forwarded

7 to the Secretary by the local employer. The Sec8 retary shall, as soon as practicable but in no

9 event later than 30 days after the receipt of the

10 name, ascertain the accuracy of the statement

11 made by such individual pursuant to subpara12 graph (A). Notwithstanding subsection (g), if the

13 Secretary finds that the individual’s statement

14 was false, such individual, at the Secretary’s dis15 cretion, may be disciplined or discharged.

16 ‘‘(C) EFFECT OF APPLICATION AT NATIONAL

17 LEVEL.—If an individual described in subpara18 graph (A) has applied at the national level for

19 an education position, the appointment of such

20 individual at the local level shall be conditional

21 for a period of 90 days. During that period, the

22 Secretary may appoint a more qualified indi23 vidual (as determined by the Secretary) from a

24 list maintained pursuant to subsection (e)(1)(A)
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1 to the position to which such individual was ap2 pointed.

3 ‘‘(3) STATUTORY CONSTRUCTION.—Except as ex4 pressly provided, nothing in this section shall be con5 strued as conferring upon local school boards author6 ity over, or control of, educators at Bureau funded

7 schools or the authority to issue management deci8 sions.

9 ‘‘(4) APPEALS.—

10 ‘‘(A) BY SUPERVISOR.—The supervisor of a

11 school may appeal to the appropriate agency

12 education line officer any determination by the

13 local school board for the school that an indi14 vidual be employed, or not be employed, in an

15 education position in the school (other than that

16 of supervisor) by filing a written statement de17 scribing the determination and the reasons the

18 supervisor believes such determination should be

19 overturned. A copy of such statement shall be

20 submitted to the local school board and such

21 board shall be afforded an opportunity to re22 spond, in writing, to such appeal. After review23 ing such written appeal and response, the edu24 cation line officer may, for good cause, overturn

25 the determination of the local school board. The
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1 education line officer shall transmit the deter2 mination of such appeal in the form of a written

3 opinion to such board and to such supervisor

4 identifying the reasons for overturning such de5 termination.

6 ‘‘(B) BY EDUCATION LINE OFFICER.—The

7 education line officer of an agency office of the

8 Bureau may appeal to the Director of the Office

9 any determination by the local school board for

10 the school that an individual be employed, or not

11 be employed, as the supervisor of a school by fil12 ing a written statement describing the deter13 mination and the reasons the supervisor believes

14 such determination should be overturned. A copy

15 of such statement shall be submitted to the local

16 school board and such board shall be afforded. an

17 opportunity to respond, in writing, to such ap18 peal. After reviewing such written appeal and

19 response, the Director may, for good cause, over20 turn the determination of the local school board.

21 The Director shall transmit the determination of

22 such appeal in the form of a written opinion to

23 such board and to such education line officer

24 identifying the reasons for overturning such de25 termination.
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1 ‘‘(5) OTHER APPEALS.—The education line offi2 cer of an agency office of the Bureau may appeal to

3 the Director of the Office any determination by the

4 agency school board that an individual be employed,

5 or not be employed, in an education position in such

6 agency office by filing a written statement describing

7 the determination and the reasons the supervisor be8 lieves such determination should be overturned. A

9 copy of such statement shall be submitted to the agen10 cy school board and such board shall be afforded an

11 opportunity to respond, in writing, to such appeal.

12 After reviewing such written appeal and response, the

13 Director may, for good cause, overturn the determina14 tion of the agency school board. The Director shall

15 transmit the determination of such appeal in the form

16 of a written opinion to such board and to such edu17 cation line officer identifying the reasons for over18 turning such determination.

19 ‘‘(f) DISCHARGE AND CONDITIONS OF EMPLOYMENT OF

20 EDUCATORS.—

21 ‘‘(1) REGULATIONS.—In prescribing regulations

22 to govern the discharge and conditions of employment

23 of educators, the Secretary shall require—
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1 ‘‘(A) that procedures shall be established for

2 the rapid and equitable resolution of grievances

3 of educators;

4 ‘‘(B) that no educator may be discharged

5 without notice of the reasons for the discharge

6 and an opportunity for a hearing under proce7 dures that comport with the requirements of due

8 process; and

9 ‘‘(C) that each educator employed in a Bu10 reau school shall be notified 30 days prior to the

11 end of an academic year whether the employ12 ment contract of the individual will be renewed

13 for the following year.

14 ‘‘(2) PROCEDURES FOR DISCHARGE.—

15 ‘‘(A) DETERMINATIONS.—The supervisor of

16 a Bureau school may discharge (subject to proce17 dures established under paragraph (1)(B)) for

18 cause (as determined under regulations pre19 scribed by the Secretary) any educator employed

20 in such school. On giving notice to an educator

21 of the supervisor’s intention to discharge the edu22 cator, the supervisor shall immediately notify the

23 local school board of the proposed discharge. A

24 determination by the local school board that such
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1 educator shall not be discharged shall be followed

2 by the supervisor.

3 ‘‘(B) APPEALS.—The supervisor shall have

4 the right to appeal a determination by a local

5 school board under subparagraph (A), as evi6 denced by school board records, not to discharge

7 an educator to the education line officer of the

8 appropriate agency office of the Bureau. Upon

9 hearing such an appeal, the agency education

10 line officer may, for good cause, issue a decision

11 overturning the determination of the local school

12 board with respect to the employment of such in13 dividual. The education line officer shall make

14 the decision in writing and submit the decision

15 to the local school board.

16 ‘‘(3) RECOMMENDATIONS OF SCHOOL BOARDS

17 FOR DISCHARGE.—Each local school board for a Bu18 reau school shall have the right—

19 ‘‘(A) to recommend to the supervisor that

20 an educator employed in the school be dis21 charged; and

22 ‘‘(B) to recommend to the education line of23 ficer of the appropriate agency office of the Bu24 reau and to the Director of the Office, that the

25 supervisor of the school be discharged.
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1 ‘‘(g) APPLICABILITY OF INDIAN PREFERENCE LAWS.—

2 ‘‘(1) IN GENERAL.—Notwithstanding any provi3 sion of the Indian preference laws, such laws shall not

4 apply in the case of any personnel action carried out

5 under this section with respect to an applicant or em6 ployee not entitled to an Indian preference if each

7 tribal organization concerned grants a written waiver

8 of the application of such laws with respect to such

9 personnel action and states that such waiver is nec10 essary. This paragraph shall not be construed to re11 lieve the Bureau’s responsibility to issue timely and

12 adequate announcements and advertisements con13 cerning any such personnel action if such action is

14 intended to fill a vacancy (no matter how such va15 cancy is created).

16 ‘‘(2) DEFINITIONS.—In this subsection:

17 ‘‘(A) INDIAN PREFERENCE LAWS.—The term

18 ‘Indian preference laws’ means section 12 of the

19 Act of June 18, 1934 (48 Stat. 986, chapter 576)

20 or any other provision of law granting a pref21 erence to Indians in promotions and other per22 sonnel actions. Such term shall not include sec23 tion 7(b) of the Indian Self-Determination and

24 Education Assistance Act.
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1 ‘‘(B) TRIBAL ORGANIZATION.—The term

2 ‘tribal organization’ means—

3 ‘‘(i) the recognized governing body of

4 any Indian tribe, band, nation, pueblo, or

5 other organized community, including a

6 Native village (as defined in section 3(c) of

7 the Alaska Native Claims Settlement Act);

8 or

9 ‘‘(ii) in connection with any personnel

10 action referred to in this subsection, any

11 local school board to which the governing

12 body has delegated the authority to grant a

13 waiver under this subsection with respect to

14 a personnel action.

15 ‘‘(h) COMPENSATION OR ANNUAL SALARY.—

16 ‘‘(1) IN GENERAL.—

17 ‘‘(A) COMPENSATION FOR EDUCATORS AND

18 EDUCATION POSITIONS.—Except as otherwise

19 provided in this section, the Secretary shall es20 tablish the compensation or annual salary rate

21 for educators and education positions—

22 ‘‘(i) at rates in effect under the General

23 Schedule for individuals with comparable

24 qualifications, and holding comparable po-
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1 sitions, to whom chapter 51 of title 5,

2 United States Code, is applicable; or

3 ‘‘(ii) on the basis of the Federal Wage

4 System schedule in effect for the locality in5 volved, and for the comparable positions, at

6 the rates of compensation in effect for the

7 senior executive service.

8 ‘‘(B) COMPENSATION OR SALARY FOR

9 TEACHERS AND COUNSELORS.—The Secretary

10 shall establish the rate of compensation, or an11 nual salary rate, for the positions of teachers

12 and counselors (including dormitory counselors

13 and home-living counselors) at the rate of com14 pensation applicable (on the date of enactment of

15 the Native American Education Improvement

16 Act of 2001 and thereafter) for comparable posi17 tions in the overseas schools under the Defense

18 Department Overseas Teachers Pay and Per19 sonnel Practices Act. The Secretary shall allow

20 the local school boards involved authority to im21 plement only the aspects of the Defense Depart22 ment Overseas Teachers Pay and Personnel

23 Practices Act pay provisions that are considered

24 essential for recruitment and retention of teach25 ers and counselors. Implementation of such pro-
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1 visions shall not be construed to require the im2 plementation of that entire Act.

3 ‘‘(C) RATES FOR NEW HIRES.—

4 ‘‘(i) IN GENERAL.—Beginning with the

5 first fiscal year following the date of enact6 ment of the Native American Education

7 Improvement Act of 2001, each local school

8 board of a Bureau school may establish a

9 rate of compensation or annual salary rate

10 described in clause (ii) for teachers and

11 counselors (including academic counselors)

12 who are new hires at the school and who

13 had not worked at the school, as of the first

14 day of such fiscal year.

15 ‘‘(ii) CONSISTENT RATES.—The rates

16 established under clause (i) shall be con17 sistent with the rates paid for individuals

18 in the same positions, with the same tenure

19 and training, as the teachers and coun20 selors, in any other school within whose

21 boundaries the Bureau school is located.

22 ‘‘(iii) DECREASES.—In an instance in

23 which the establishment of rates under

24 clause (i) causes a reduction in compensa25 tion at a school from the rate of compensa-
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1 tion that was in effect for the first fiscal

2 year following the date of enactment of the

3 Native American Education Improvement

4 Act of 2001, the new rates of compensation

5 may be applied to the compensation of em6 ployees of the school who worked at the

7 school as of such date of enactment by ap8 plying those rates at each contract renewal

9 for the employees so that the reduction takes

10 effect in 3 equal installments.

11 ‘‘(iv) INCREASES.—In an instance in

12 which the establishment of such rates at a

13 school causes an increase in compensation

14 from the rate of compensation that was in

15 effect for the first fiscal year following the

16 date of enactment of the Native American

17 Education Improvement Act of 2001, the

18 school board may apply the new rates at the

19 next contract renewal so that either—

20 ‘‘(I) the entire increase occurs on

21 1 date; or

22 ‘‘(II) the increase takes effect in 3

23 equal installments.

24 ‘‘(D) ESTABLISHED REGULATIONS, PROCE25 DURES, AND ARRANGEMENTS.—
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1 ‘‘(i) PROMOTIONS AND ADVANCE2 MENTS.—The establishment of rates of com3 pensation and annual salary rates under

4 subparagraphs (B) and (C) shall not pre5 clude the use of regulations and procedures

6 used by the Bureau prior to April 28, 1988,

7 in making determinations regarding pro8 motions and advancements through levels of

9 pay that are based on the merit, education,

10 experience, or tenure of an educator.

11 ‘‘(ii) CONTINUED EMPLOYMENT OR

12 COMPENSATION.—The establishment of rates

13 of compensation and annual salary rates

14 under subparagraphs (B) and (C) shall not

15 affect the continued employment or com16 pensation of an educator who was employed

17 in an education position on October 31,

18 1979, and who did not make an election

19 under subsection (o), as in effect on Janu20 ary 1, 1990.

21 ‘‘(2) POST DIFFERENTIAL RATES.—

22 ‘‘(A) IN GENERAL.—The Secretary may pay

23 a post differential rate not to exceed 25 percent

24 of the rate of compensation, for educators or edu25 cation positions, on the basis of conditions of en-
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1 vironment or work that warrant additional pay,

2 as a recruitment and retention incentive.

3 ‘‘(B) SUPERVISOR’S AUTHORITY.—

4 ‘‘(i) IN GENERAL.—Except as provided

5 in clause (ii) on the request of the super6 visor and the local school board of a Bureau

7 school, the Secretary shall grant the super8 visor of the school authorization to provide

9 1 or more post differential rates under sub10 paragraph (A).

11 ‘‘(ii) EXCEPTION.—The Secretary shall

12 disapprove, or approve with a modification,

13 a request for authorization to provide a post

14 differential rate if the Secretary determines

15 for clear and convincing reasons (and ad16 vises the board in writing of those reasons)

17 that the rate should be disapproved or de18 creased because the disparity of compensa19 tion between the appropriate educators or

20 positions in the Bureau school, and the

21 comparable educators or positions at the

22 nearest public school, is—

23 ‘‘(I)(aa) at least 5 percent; or

24 ‘‘(bb) less than 5 percent; and
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1 ‘‘(II) does not affect the recruit2 ment or retention of employees at the

3 school.

4 ‘‘(iii) APPROVAL OF REQUESTS.—A re5 quest made under clause (i) shall be consid6 ered to be approved at the end of the 60th

7 day after the request is received in the Cen8 tral Office of the Bureau unless before that

9 time the request is approved, approved with

10 a modification, or disapproved by the Sec11 retary.

12 ‘‘(iv) DISCONTINUATION OF OR DE13 CREASE IN RATES.—The Secretary or the

14 supervisor of a Bureau school may dis15 continue or decrease a post differential rate

16 provided for under this paragraph at the

17 beginning of an academic year if—

18 ‘‘(I) the local school board requests

19 that such differential be discontinued

20 or decreased; or

21 ‘‘(II) the Secretary or the super22 visor, respectively, determines for clear

23 and convincing reasons (and advises

24 the board in writing of those reasons)

25 that there is no disparity of compensa-
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1 tion that would affect the recruitment

2 or retention of employees at the school

3 after the differential is discontinued or

4 decreased.

5 ‘‘(v) REPORTS.—On or before February

6 1 of each year, the Secretary shall submit to

7 Congress a report describing the requests

8 and approvals of authorization made under

9 this paragraph during the previous year

10 and listing the positions receiving post dif11 ferential rates under contracts entered into

12 under those authorizations.

13 ‘‘(i) LIQUIDATION OF REMAINING LEAVE UPON TER14 MINATION.—Upon termination of employment with the Bu15 reau, any annual leave remaining to the credit of an indi16 vidual within the purview of this section shall be liquidated

17 in accordance with sections 5551(a) and 6306 of title 5,

18 United States Code, except that leave earned or accrued

19 under regulations prescribed pursuant to subsection (c)(9)

20 shall not be so liquidated.

21 ‘‘(j) TRANSFER OF REMAINING LEAVE UPON TRANS22 FER, PROMOTION, OR REEMPLOYMENT.—In the case of any

23 educator who—

24 ‘‘(1) is transferred, promoted, or reappointed,

25 without a break in service, to a position in the Fed-
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1 eral Government under a different leave system than

2 the system for leave described in subsection (c)(9);

3 and

4 ‘‘(2) earned or was credited with leave under the

5 regulations prescribed under subsection (c)(9) and has

6 such leave remaining to the credit of such educator;

7 such leave shall be transferred to such educator’s credit in

8 the employing agency for the position on an adjusted basis

9 in accordance with regulations that shall be prescribed by

10 the Director of the Office of Personnel Management.

11 ‘‘(k) INELIGIBILITY FOR EMPLOYMENT OF VOLUN12 TARILY TERMINATED EDUCATORS.—An educator who vol13 untarily terminates employment under an employment con14 tract with the Bureau before the expiration of the employ15 ment contract shall not be eligible to be employed in another

16 education position in the Bureau during the remainder of

17 the term of such contract.

18 ‘‘(l) DUAL COMPENSATION.—In the case of any educa19 tor employed in an education position described in sub20 section (a)(1)(A) who—

21 ‘‘(1) is employed at the end of an academic year;

22 ‘‘(2) agrees in writing to serve in such position

23 for the next academic year; and

24 ‘‘(3) is employed in another position during the

25 recess period immediately preceding such next aca-
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1 demic year, or during such recess period receives ad2 ditional compensation referred to in section 5533 of

3 title 5, United States Code, relating to dual com4 pensation;

5 such section 5533 shall not apply to such educator by reason

6 of any such employment during the recess period with re7 spect to any receipt of additional compensation.

8 ‘‘(m) VOLUNTARY SERVICES.—Notwithstanding sec9 tion 1342 of title 31, United States Code, the Secretary

10 may, subject to the approval of the local school boards con11 cerned, accept voluntary services on behalf of Bureau

12 schools. Nothing in this part shall be construed to require

13 Federal employees to work without compensation or to

14 allow the use of volunteer services to displace or replace Fed15 eral employees. An individual providing volunteer services

16 under this section shall be considered to be a Federal em17 ployee only for purposes of chapter 81 of title 5, United

18 States Code, and chapter 171 of title 28, United States

19 Code.

20 ‘‘(n) PRORATION OF PAY.—

21 ‘‘(1) ELECTION OF EMPLOYEE.—Notwithstanding

22 any other provision of law, including laws relating to

23 dual compensation, the Secretary, at the election of

24 an educator, shall prorate the salary of the educator

25 for an academic year over a 12-month period. Each
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1 educator employed for the academic year shall annu2 ally elect to be paid on a 12-month basis or for those

3 months while school is in session. No educator shall

4 suffer a loss of pay or benefits, including benefits

5 under unemployment or other Federal or federally as6 sisted programs, because of such election.

7 ‘‘(2) CHANGE OF ELECTION.—During the course

8 of such academic year, the employee may change the

9 election made under paragraph (1) once.

10 ‘‘(3) LUMP-SUM PAYMENT.—That portion of the

11 employee’s pay that would be paid between academic

12 years may be paid in a lump sum at the election of

13 the employee.

14 ‘‘(4) APPLICATION.—This subsection applies to

15 educators, whether employed under this section or

16 title 5, United States Code.

17 ‘‘(o) EXTRACURRICULAR ACTIVITIES.—

18 ‘‘(1) STIPEND.—Notwithstanding any other pro19 vision of law, the Secretary may provide, for Bureau

20 employees in each Bureau area, a stipend in lieu of

21 overtime premium pay or compensatory time off for

22 overtime work. Any employee of the Bureau who per23 forms overtime work that consists of additional activi24 ties to provide services to students or otherwise sup25 port the school’s academic and social programs may
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1 elect to be compensated for all such work on the basis

2 of the stipend. Such stipend shall be paid as a supple3 ment to the employee’s base pay.

4 ‘‘(2) ELECTION NOT TO RECEIVE STIPEND.—If

5 an employee elects not to be compensated through the

6 stipend established by this subsection, the appropriate

7 provisions of title 5, United States Code, shall apply

8 with respect to the work involved.

9 ‘‘(3) APPLICATION.—This subsection applies to

10 Bureau employees, whether employed under this sec11 tion or title 5, United States Code.

12 ‘‘(p) COVERED INDIVIDUALS; ELECTION.—This section

13 shall apply with respect to any educator hired after Novem14 ber 1, 1979 (and to any educator who elected to be covered

15 under this section or a corresponding provision after No16 vember 1, 1979) and to the position in which such educator

17 is employed. The enactment of this section shall not affect

18 the continued employment of an individual employed on

19 October 31, 1979 in an education position, or such person’s

20 right to receive the compensation attached to such position.

21 ‘‘(q) FURLOUGH WITHOUT CONSENT.—

22 ‘‘(1) IN GENERAL.—An educator who was em23 ployed in an education position on October 31, 1979,

24 who was eligible to make an election under subsection

25 (p) at that time, and who did not make the election
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1 under such subsection, may not be placed on furlough

2 (within the meaning of section 7511(a)(5) of title 5,

3 United States Code, without the consent of such edu4 cator for an aggregate of more than 4 weeks within

5 the same calendar year, unless—

6 ‘‘(A) the supervisor, with the approval of

7 the local school board (or of the education line of8 ficer upon appeal under paragraph (2)), of the

9 Bureau school at which such educator provides

10 services determines that a longer period of fur11 lough is necessary due to an insufficient amount

12 of funds available for personnel compensation at

13 such school, as determined under the financial

14 plan process as determined under section

15 1129(b); and

16 ‘‘(B) all educators (other than principals

17 and clerical employees) providing services at

18 such Bureau school are placed on furloughs of

19 equal length, except that the supervisor, with the

20 approval of the local school board (or of the

21 agency education line officer upon appeal under

22 paragraph (2)), may continue 1 or more edu23 cators in pay status if—

24 ‘‘(i) such educators are needed to oper25 ate summer programs, attend summer
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1 training sessions, or participate in special

2 activities including curriculum development

3 committees; and

4 ‘‘(ii) such educators are selected based

5 upon such educator’s qualifications after

6 public notice of the minimum qualifications

7 reasonably necessary and without discrimi8 nation as to supervisory, nonsupervisory, or

9 other status of the educators who apply.

10 ‘‘(2) APPEALS.—The supervisor of a Bureau

11 school may appeal to the appropriate agency edu12 cation line officer any refusal by the local school

13 board to approve any determination of the supervisor

14 that is described in paragraph (1)(A) by filing a

15 written statement describing the determination and

16 the reasons the supervisor believes such determination

17 should be approved. A copy of such statement shall be

18 submitted to the local school board and such board

19 shall be afforded an opportunity to respond, in writ20 ing, to such appeal. After reviewing such written ap21 peal and response, the education line officer may, for

22 good cause, approve the determination of the super23 visor. The educational line officer shall transmit the

24 determination of such appeal in the form of a written

25 opinion to such local school board and to the super-
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1 visor identifying the reasons for approving such deter2 mination.

3 ‘‘(r) STIPENDS.—The Secretary is authorized to pro4 vide annual stipends to teachers who become certified by

5 the National Board of Professional Teaching Standards.

6 ‘‘SEC. 1132. COMPUTERIZED MANAGEMENT INFORMATION

7 SYSTEM.

8 ‘‘(a) IN GENERAL.—Not later than 12 months after the

9 date of enactment of the Native American Education Im10 provement Act of 2001, the Secretary shall update the com11 puterized management information system within the Of12 fice. The information to be updated shall include informa13 tion regarding—

14 ‘‘(1) student enrollment;

15 ‘‘(2) curricula;

16 ‘‘(3) staffing;

17 ‘‘(4) facilities;

18 ‘‘(5) community demographics;

19 ‘‘(6) student assessment information;

20 ‘‘(7) information on the administrative and pro21 gram costs attributable to each Bureau program, di22 vided into discrete elements;

23 ‘‘(8) relevant reports;

24 ‘‘(9) personnel records;

25 ‘‘(10) finance and payroll; and
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1 ‘‘(11) such other items as the Secretary deter2 mines to be appropriate.

3 ‘‘(b) IMPLEMENTATION OF SYSTEM.—Not later than

4 July 1 2003, the Secretary shall complete the implementa5 tion of the updated computerized management information

6 system at each Bureau field office and Bureau funded

7 school.

8 ‘‘SEC. 1133. RECRUITMENT OF INDIAN EDUCATORS.

9 ‘‘The Secretary shall institute a policy for the recruit10 ment of qualified Indian educators and a detailed plan to

11 promote employees from within the Bureau. Such plan shall

12 include provisions for opportunities for acquiring work ex13 perience prior to receiving an actual work assignment.

14 ‘‘SEC. 1134. ANNUAL REPORT; AUDITS.

15 ‘‘(a) ANNUAL REPORTS.—The Secretary shall submit

16 to each appropriate committee of Congress, all Bureau

17 funded schools, and the tribal governing bodies of such

18 schools, a detailed annual report on the state of education

19 within the Bureau and any problems encountered in Indian

20 education during the period covered by the report. Such re21 port shall contain suggestions for the improvement of the

22 Bureau educational system and for increasing tribal or

23 local Indian control of such system. Such report shall also

24 include information on the status of tribally controlled com25 munity colleges.
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1 ‘‘(b) BUDGET REQUEST.—The annual budget request

2 for the Bureau’s education programs, as submitted as part

3 of the President’s next annual budget request under section

4 1105 of title 31, United States Code shall include the plans

5 required by sections 1121(c), 1122(c), and 1124(c).

6 ‘‘(c) FINANCIAL AND COMPLIANCE AUDITS.—The In7 spector General of the Department of the Interior shall es8 tablish a system to ensure that financial and compliance

9 audits are conducted for each Bureau school at least once

10 in every 3 years. Such an audit of a Bureau school shall

11 examine the extent to which such school has complied with

12 the local financial plan prepared by the school under section

13 1129(b).

14 ‘‘(d) ADMINISTRATIVE EVALUATION OF SCHOOLS.—

15 The Director shall, at least once every 3 to 5 years, conduct

16 a comprehensive evaluation of Bureau operated schools.

17 Such evaluation shall be in addition to any other program

18 review or evaluation that may be required under Federal

19 law.

20 ‘‘SEC. 1135. RIGHTS OF INDIAN STUDENTS.

21 ‘‘The Secretary shall prescribe such rules and regula22 tions as may be necessary to ensure the protection of the

23 constitutional and civil rights of Indian students attending

24 Bureau funded schools, including such students’ right to

25 privacy under the laws of the United States, such students’
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1 right to freedom of religion and expression, and such stu2 dents’ right to due process in connection with disciplinary

3 actions, suspensions, and expulsions.

4 ‘‘SEC. 1136. REGULATIONS.

5 ‘‘(a) IN GENERAL.—The Secretary may issue only

6 such regulations as may be necessary to ensure compliance

7 with the specific provisions of this part and only such regu8 lations as the Secretary is authorized to issue pursuant to

9 section 5211 of the Tribally Controlled Schools Act of 1988

10 (25 U.S.C. 2510). In issuing the regulations, the Secretary

11 shall publish proposed regulations in the Federal Register,

12 and shall provide a period of not less than 120 days for

13 public comment and consultation on the regulations. The

14 regulations shall contain, immediately following each regu15 latory section, a citation to any statutory provision pro16 viding authority to issue such regulatory section.

17 ‘‘(b) REGIONAL MEETINGS.—Prior to publishing any

18 proposed regulations under subsection (a) and prior to es19 tablishing the negotiated rulemaking committee under sub20 section (c), the Secretary shall convene regional meetings

21 to consult with personnel of the Office of Indian Education

22 Programs, educators at Bureau schools, and tribal officials,

23 parents, teachers, administrators, and school board mem24 bers of tribes served by Bureau funded schools to provide

25 guidance to the Secretary on the content of regulations au-
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1 thorized to be issued under this part and the Tribally Con2 trolled Schools Act of 1988.

3 ‘‘(c) NEGOTIATED RULEMAKING.—

4 ‘‘(1) IN GENERAL.—Notwithstanding sections

5 563(a) and 565(a) of title 5, United States Code, the

6 Secretary shall promulgate regulations authorized

7 under subsection (a) and under the Tribally Con8 trolled Schools Act of 1988, in accordance with the

9 negotiated rulemaking procedures provided for under

10 subchapter III of chapter 5 of title 5, United States

11 Code, and shall publish final regulations in the Fed12 eral Register.

13 ‘‘(2) EXPIRATION OF AUTHORITY.—The author14 ity of the Secretary to promulgate regulations under

15 this part and under the Tribally Controlled Schools

16 Act of 1988, shall expire on the date that is 18

17 months after the date of enactment of this part. If the

18 Secretary determines that an extension of the deadline

19 under this paragraph is appropriate, the Secretary

20 may submit proposed legislation to Congress for an

21 extension of such deadline.

22 ‘‘(3) RULEMAKING COMMITTEE.—The Secretary

23 shall establish a negotiated rulemaking committee to

24 carry out this subsection. In establishing such com25 mittee, the Secretary shall—
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1 ‘‘(A) apply the procedures provided for

2 under subchapter III of chapter 5 of title 5,

3 United States Code, in a manner that reflects the

4 unique government-to-government relationship

5 between Indian tribes and the United States;

6 ‘‘(B) ensure that the membership of the

7 committee includes only representatives of the

8 Federal Government and of tribes served by Bu9 reau-funded schools;

10 ‘‘(C) select the tribal representatives of the

11 committee from among individuals nominated

12 by the representatives of the tribal and tribally13 operated schools;

14 ‘‘(D) ensure, to the maximum extent pos15 sible, that the tribal representative membership

16 on the committee reflects the proportionate share

17 of students from tribes served by the Bureau

18 funded school system; and

19 ‘‘(E) comply with the Federal Advisory

20 Committee Act (5 U.S.C. App. 2).

21 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—

22 There is authorized to be appropriated such sums as

23 necessary to carry out the negotiated rulemaking pro24 vided for under this section. In the absence of a spe25 cific appropriation to carry out this subsection, the
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1 Secretary shall pay the costs of the negotiated rule2 making proceedings from the general administrative

3 funds of the Department of the Interior.

4 ‘‘(d) APPLICATION OF SECTION.—

5 ‘‘(1) SUPREMACY OF PROVISIONS.—The provi6 sions of this section shall supersede any conflicting

7 provisions of law (including any conflicting regula8 tions) in effect on the day before the date of enactment

9 of this part, and the Secretary may repeal any regu10 lation that is inconsistent with the provisions of this

11 part.

12 ‘‘(2) MODIFICATIONS.—The Secretary may mod13 ify regulations promulgated under this section or the

14 Tribally Controlled Schools Act of 1988, only in ac15 cordance with this section.

16 ‘‘SEC. 1137. EARLY CHILDHOOD DEVELOPMENT PROGRAM.

17 ‘‘(a) GRANTS.—The Secretary shall make grants to

18 tribes, tribal organizations, and consortia of tribes and trib19 al organizations to fund early childhood development pro20 grams that are operated by such tribes, organizations, or

21 consortia.

22 ‘‘(b) AMOUNT OF GRANTS.—

23 ‘‘(1) IN GENERAL.—The amount of the grant

24 made under subsection (a) to each eligible tribe, tribal

25 organization, or consortium of tribes or tribal organi-
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1 zations for each fiscal year shall be equal to the

2 amount that bears the same relationship to the total

3 amount appropriated under subsection (g) for such

4 fiscal year (other than amounts reserved under sub5 section (f)) as—

6 ‘‘(A) the total number of children under age

7 6 who are members of—

8 ‘‘(i) such tribe;

9 ‘‘(ii) the tribe that authorized such

10 tribal organization; or

11 ‘‘(iii) any tribe that—

12 ‘‘(I) is a member of such consor13 tium; or

14 ‘‘(II) so authorizes any tribal or15 ganization that is a member of such

16 consortium; bears to

17 ‘‘(B) the total number of all children under

18 age 6 who are members of any tribe that—

19 ‘‘(i) is eligible to receive funds under

20 subsection (a);

21 ‘‘(ii) is a member of a consortium that

22 is eligible to receive such funds; or

23 ‘‘(iii) is authorized by any tribal orga24 nization that is eligible to receive such

25 funds.
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1 ‘‘(2) LIMITATION.—No grant may be made under

2 subsection (a)—

3 ‘‘(A) to any tribe that has fewer than 500

4 members;

5 ‘‘(B) to any tribal organization that is au6 thorized to act—

7 ‘‘(i) on behalf of only 1 tribe that has

8 fewer than 500 members; or

9 ‘‘(ii) on behalf of 1 or more tribes that

10 have a combined total membership of fewer

11 than 500 members; or

12 ‘‘(C) to any consortium composed of tribes,

13 or tribal organizations authorized by tribes to

14 act on behalf of the tribes, that have a combined

15 total tribal membership of fewer than 500 mem16 bers.

17 ‘‘(c) APPLICATIONS.—

18 ‘‘(1) IN GENERAL.—To be eligible to receive a

19 grant under subsection (a), a tribe, tribal organiza20 tion, or consortium shall submit to the Secretary an

21 application for the grant at such time, in such man22 ner, and containing such information as the Sec23 retary shall prescribe.

24 ‘‘(2) CONTENTS.—An application submitted

25 under paragraph (1) shall describe the early child-
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1 hood development program that the applicant desires

2 to operate.

3 ‘‘(d) REQUIREMENT OF PROGRAMS FUNDED.—In op4 erating an early childhood development program that is

5 funded through a grant made under subsection (a), a tribe,

6 tribal organization, or consortium—

7 ‘‘(1) shall coordinate the program with other

8 childhood development programs and may provide

9 services that meet identified needs of parents, and

10 children under age 6, that are not being met by the

11 programs, including needs for—

12 ‘‘(A) prenatal care;

13 ‘‘(B) nutrition education;

14 ‘‘(C) health education and screening;

15 ‘‘(D) family literacy services;

16 ‘‘(E) educational testing; and

17 ‘‘(F) other educational services;

18 ‘‘(2) may include, in the early childhood develop19 ment program funded through the grant, instruction

20 in the language, art, and culture of the tribe served

21 by the program; and

22 ‘‘(3) shall provide for periodic assessments of the

23 program.

24 ‘‘(e) COORDINATION OF FAMILY LITERACY PRO25 GRAMS.—An entity that operates a family literacy program
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1 under this section or another similar program funded by

2 the Bureau shall coordinate the program involved with fam3 ily literacy programs for Indian children carried out under

4 part B of title I of the Elementary and Secondary Edu5 cation Act of 1965 in order to avoid duplication and to

6 encourage the dissemination of information on quality fam7 ily literacy programs serving Indians.

8 ‘‘(f) ADMINISTRATIVE COSTS.—The Secretary shall re9 serve funds appropriated under subsection (g) to include in

10 each grant made under subsection (a) an amount for ad11 ministrative costs incurred by the tribe, tribal organization,

12 or consortium involved in establishing and maintaining the

13 early childhood development program.

14 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—For the

15 purpose of carrying out this section, there are authorized

16 to be appropriated such sums as may be necessary for each

17 of fiscal years 2002, 2003, 2004, 2005, and 2006.

18 ‘‘SEC. 1138. TRIBAL DEPARTMENTS OR DIVISIONS OF EDU19 CATION.

20 ‘‘(a) IN GENERAL.—Subject to the availability of ap21 propriations, the Secretary shall make grants and provide

22 technical assistance to tribes for the development and oper23 ation of tribal departments or divisions of education for the

24 purpose of planning and coordinating all educational pro25 grams of the tribe.
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1 ‘‘(b) APPLICATIONS.—For a tribe to be eligible to re2 ceive a grant under this section, the governing body of the

3 tribe shall submit an application to the Secretary at such

4 time, in such manner, and containing such information as

5 the Secretary may require.

6 ‘‘(c) DIVERSITY.—The Secretary shall award grants

7 under this section in a manner that fosters geographic and

8 population diversity.

9 ‘‘(d) USE.—Tribes that receive grants under this sec10 tion shall use the funds made available through the

11 grants—

12 ‘‘(1) to facilitate tribal control in all matters re13 lating to the education of Indian children on reserva14 tions (and on former Indian reservations in Okla15 homa);

16 ‘‘(2) to provide for the development of coordi17 nated educational programs (including all preschool,

18 elementary, secondary, and higher or vocational edu19 cational programs funded by tribal, Federal, or other

20 sources) on reservations (and on former Indian res21 ervations in Oklahoma) by encouraging tribal admin22 istrative support of all Bureau funded educational

23 programs as well as encouraging tribal cooperation

24 and coordination with entities carrying out all edu25 cational programs receiving financial support from
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1 other Federal agencies, State agencies, or private enti2 ties; and

3 ‘‘(3) to provide for the development and enforce4 ment of tribal educational codes, including tribal edu5 cational policies and tribal standards applicable to

6 curriculum, personnel, students, facilities, and sup7 port programs.

8 ‘‘(e) PRIORITIES.—In making grants under this sec9 tion, the Secretary shall give priority to any application

10 that—

11 ‘‘(1) includes—

12 ‘‘(A) assurances that the applicant serves 3

13 or more separate Bureau funded schools; and

14 ‘‘(B) assurances from the applicant that the

15 tribal department of education to be funded

16 under this section will provide coordinating serv17 ices and technical assistance to all of such

18 schools; and

19 ‘‘(2) includes assurances that all education pro20 grams for which funds are provided by such a con21 tract or grant will be monitored and audited, by or

22 through the tribal department of education, to ensure

23 that the programs meet the requirements of law; and

24 ‘‘(3) provides a plan and schedule that—

25 ‘‘(A) provides for—
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1 ‘‘(i) the assumption, by the tribal de2 partment of education, of all assets and

3 functions of the Bureau agency office associ4 ated with the tribe, to the extent the assets

5 and functions relate to education; and

6 ‘‘(ii) the termination by the Bureau of

7 such functions and office at the time of such

8 assumption; and

9 ‘‘(B) provides that the assumption shall

10 occur over the term of the grant made under this

11 section, except that, when mutually agreeable to

12 the tribal governing body and the Assistant Sec13 retary, the period in which such assumption is

14 to occur may be modified, reduced, or extended

15 after the initial year of the grant.

16 ‘‘(e) TIME PERIOD OF GRANT.—Subject to the avail17 ability of appropriated funds, a grant provided under this

18 section shall be provided for a period of 3 years. If the per19 formance of the grant recipient is satisfactory to the Sec20 retary, the grant may be renewed for additional 3-year

21 terms.

22 ‘‘(f) TERMS, CONDITIONS, OR REQUIREMENTS.—A

23 tribe that receives a grant under this section shall comply

24 with regulations relating to grants made under section

25 103(a) of the Indian Self-Determination and Education As-
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1 sistance Act that are in effect on the date that the tribal

2 governing body submits the application for the grant under

3 subsection (c). The Secretary shall not impose any terms,

4 conditions, or requirements on the provision of grants under

5 this section that are not specified in this section.

6 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—For the

7 purpose of carrying out this section, there are authorized

8 to be appropriated $2,000,000 for fiscal year 2002 and such

9 sums as may be necessary for each of fiscal years 2003,

10 2004, 2005, and 2006.

11 ‘‘SEC. 1139. DEFINITIONS.

12 ‘‘In this part, unless otherwise specified:

13 ‘‘(1) AGENCY SCHOOL BOARD.—

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

15 subparagraph (B), the term ‘agency school board’

16 means a body, for which—

17 ‘‘(i) the members are appointed by all

18 of the school boards of the schools located

19 within an agency, including schools oper20 ated under contracts or grants; and

21 ‘‘(ii) the number of such members shall

22 be determined by the Secretary in consulta23 tion with the affected tribes.

24 ‘‘(B) EXCEPTIONS.—In the case of an agen25 cy serving a single school, the school board of
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1 such school shall be considered to be the agency

2 school board. In the case of an agency serving a

3 school or schools operated under a contract or

4 grant, at least 1 member of the body described in

5 subparagraph (A) shall be from such a school.

6 ‘‘(2) BUREAU.—The term ‘Bureau’ means the

7 Bureau of Indian Affairs of the Department of the In8 terior.

9 ‘‘(3) BUREAU FUNDED SCHOOL.—The term ‘Bu10 reau funded school’ means—

11 ‘‘(A) a Bureau school;

12 ‘‘(B) a contract or grant school; or

13 ‘‘(C) a school for which assistance is pro14 vided under the Tribally Controlled Schools Act

15 of 1988.

16 ‘‘(4) BUREAU SCHOOL.—The term ‘Bureau

17 school’ means—

18 ‘‘(A) a Bureau operated elementary school

19 or secondary school that is a day or boarding

20 school; or

21 ‘‘(B) a Bureau operated dormitory for stu22 dents attending a school other than a Bureau

23 school.

24 ‘‘(5) COMPLEMENTARY EDUCATIONAL FACILI25 TIES.—The term ‘complementary educational facili-
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1 ties’ means educational program functional spaces in2 cluding a library, gymnasium, and cafeteria.

3 ‘‘(6) CONTRACT OR GRANT SCHOOL.—The term

4 ‘contract or grant school’ means an elementary school,

5 secondary school, or dormitory that receives financial

6 assistance for its operation under a contract, grant,

7 or agreement with the Bureau under section 102,

8 103(a), or 208 of the Indian Self-Determination and

9 Education Assistance Act, or under the Tribally Con10 trolled Schools Act of 1988.

11 ‘‘(7) DIRECTOR.—The term ‘Director’ means the

12 Director of the Office of Indian Education Programs.

13 ‘‘(8) EDUCATION LINE OFFICER.—The term ‘edu14 cation line officer’ means a member of the education

15 personnel under the supervision of the Director of the

16 Office, whether located in a central, area, or agency

17 office.

18 ‘‘(9) FINANCIAL PLAN.—The term ‘financial

19 plan’ means a plan of services provided by each Bu20 reau school.

21 ‘‘(10) INDIAN ORGANIZATION.—The term ‘Indian

22 organization’ means any group, association, partner23 ship, corporation, or other legal entity owned or con24 trolled by a federally recognized Indian tribe or
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1 tribes, or a majority of whose members are members

2 of federally recognized tribes.

3 ‘‘(11) INHERENTLY FEDERAL FUNCTIONS.—The

4 term ‘inherently Federal functions’ means functions

5 and responsibilities which, under section 1125(c), are

6 non-contractible, including—

7 ‘‘(A) the allocation and obligation of Fed8 eral funds and determinations as to the amounts

9 of expenditures;

10 ‘‘(B) the administration of Federal per11 sonnel laws for Federal employees;

12 ‘‘(C) the administration of Federal con13 tracting and grant laws, including the moni14 toring and auditing of contracts and grants in

15 order to maintain the continuing trust, pro16 grammatic, and fiscal responsibilities of the Sec17 retary;

18 ‘‘(D) the conducting of administrative hear19 ings and deciding of administrative appeals;

20 ‘‘(E) the determination of the Secretary’s

21 views and recommendations concerning adminis22 trative appeals or litigation and the representa23 tion of the Secretary in administrative appeals

24 and litigation;
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1 ‘‘(F) the issuance of Federal regulations and

2 policies as well as any documents published in

3 the Federal Register;

4 ‘‘(G) reporting to Congress and the Presi5 dent;

6 ‘‘(H) the formulation of the Secretary’s and

7 the President’s policies and their budgetary and

8 legislative recommendations and views; and

9 ‘‘(I) the non-delegable statutory duties of the

10 Secretary relating to trust resources.

11 ‘‘(12) LOCAL EDUCATIONAL AGENCY.—The term

12 ‘local educational agency’ means a board of education

13 or other legally constituted local school authority hav14 ing administrative control and direction of free public

15 education in a county, township, or independent or

16 other school district located within a State, and in17 cludes any State agency that directly operates and

18 maintains facilities for providing free public edu19 cation.

20 ‘‘(13) LOCAL SCHOOL BOARD.—The term ‘local

21 school board’, when used with respect to a Bureau

22 school, means a body chosen in accordance with the

23 laws of the tribe to be served or, in the absence of such

24 laws, elected by the parents of the Indian children at-
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1 tending the school, except that, for a school serving a

2 substantial number of students from different tribes—

3 ‘‘(A) the members of the body shall be ap4 pointed by the tribal governing bodies of the

5 tribes affected; and

6 ‘‘(B) the number of such members shall be

7 determined by the Secretary in consultation with

8 the affected tribes.

9 ‘‘(14) OFFICE.—The term ‘Office’ means the Of10 fice of Indian Education Programs within the Bu11 reau.

12 ‘‘(15) REGULATION.—The term ‘‘regulation’’

13 means any part of a statement of general or par14 ticular applicability of the Secretary designed to

15 carry out, interpret, or prescribe law or policy in car16 rying out this Act.

17 ‘‘(16) SECRETARY.—The term ‘Secretary’ means

18 the Secretary of the Interior.

19 ‘‘(17) SUPERVISOR.—The term ‘supervisor’

20 means the individual in the position of ultimate au21 thority at a Bureau school.

22 ‘‘(18) TRIBAL GOVERNING BODY.—The term

23 ‘tribal governing body’ means, with respect to any

24 school, the tribal governing body, or tribal governing
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1 bodies, that represent at least 90 percent of the stu2 dents served by such school.

3 ‘‘(19) TRIBE.—The term ‘tribe’ means any In4 dian tribe, band, nation, or other organized group or

5 community, including an Alaska Native Regional

6 Corporation or Village Corporation (as defined in or

7 established pursuant to the Alaska Native Claims Set8 tlement Act), which is recognized as eligible for the

9 special programs and services provided by the United

10 States to Indians because of their status as Indians.’’.

11 Subtitle B—Tribally Controlled

12 Schools Act of 1988

13 SEC. 1221. TRIBALLY CONTROLLED SCHOOLS.

14 Sections 5202 through 5213 of the Tribally Controlled

15 Schools Act of 1988 (25 U.S.C. 2501 et seq.) are amended

16 to read as follows:

17 ‘‘SEC. 5202. FINDINGS.

18 ‘‘Congress, after careful review of the Federal Govern19 ment’s historical and special legal relationship with, and

20 resulting responsibilities to, Indians, finds that—

21 ‘‘(1) the Indian Self-Determination and Edu22 cation Assistance Act, which was a product of the le23 gitimate aspirations and a recognition of the inherent

24 authority of Indian nations, was and is a crucial

25 positive step towards tribal and community control;
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1 ‘‘(2) because of the Bureau of Indian Affairs’ ad2 ministration and domination of the contracting proc3 ess under such Act, Indians have not been provided

4 with the full opportunity to develop leadership skills

5 crucial to the realization of self-government and have

6 been denied an effective voice in the planning and im7 plementation of programs for the benefit of Indians

8 that are responsive to the true needs of Indian com9 munities;

10 ‘‘(3) Indians will never surrender their desire to

11 control their relationships both among themselves and

12 with non-Indian governments, organizations, and

13 persons;

14 ‘‘(4) true self-determination in any society of

15 people is dependent upon an educational process that

16 will ensure the development of qualified people to ful17 fill meaningful leadership roles;

18 ‘‘(5) the Federal administration of education for

19 Indian children have not effected the desired level of

20 educational achievement or created the diverse oppor21 tunities and personal satisfaction that education can

22 and should provide;

23 ‘‘(6) true local control requires the least possible

24 Federal interference; and
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1 ‘‘(7) the time has come to enhance the concepts

2 made manifest in the Indian Self-Determination and

3 Education Assistance Act.

4 ‘‘SEC. 5203. DECLARATION OF POLICY.

5 ‘‘(a) RECOGNITION.—Congress recognizes the obliga6 tion of the United States to respond to the strong expression

7 of the Indian people for self-determination by assuring

8 maximum Indian participation in the direction of edu9 cational services so as to render the persons administering

10 such services and the services themselves more responsive to

11 the needs and desires of Indian communities.

12 ‘‘(b) COMMITMENT.—Congress declares its commitment

13 to the maintenance of the Federal Government’s unique and

14 continuing trust relationship with and responsibility to the

15 Indian people through the establishment of a meaningful

16 Indian self-determination policy for education that will

17 deter further perpetuation of Federal bureaucratic domina18 tion of programs.

19 ‘‘(c) NATIONAL GOAL.—Congress declares that a major

20 national goal of the United States is to provide the re21 sources, processes, and structure that will enable tribes and

22 local communities to obtain the quantity and quality of

23 educational services and opportunities that will permit In24 dian children—
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1 ‘‘(1) to compete and excel in the life areas of

2 their choice; and

3 ‘‘(2) to achieve the measure of self-determination

4 essential to their social and economic well-being.

5 ‘‘(d) EDUCATIONAL NEEDS.—Congress affirms—

6 ‘‘(1) the reality of the special and unique edu7 cational needs of Indian people, including the need

8 for programs to meet the linguistic and cultural aspi9 rations of Indian tribes and communities; and

10 ‘‘(2) that the needs may best be met through a

11 grant process.

12 ‘‘(e) FEDERAL RELATIONS.—Congress declares a com13 mitment to the policies described in this section and sup14 port, to the full extent of congressional responsibility, for

15 Federal relations with the Indian nations.

16 ‘‘(f) TERMINATION.—Congress repudiates and rejects

17 House Concurrent Resolution 108 of the 83d Congress and

18 any policy of unilateral termination of Federal relations

19 with any Indian Nation.

20 ‘‘SEC. 5204. GRANTS AUTHORIZED.

21 ‘‘(a) IN GENERAL.—

22 ‘‘(1) ELIGIBILITY.—The Secretary shall provide

23 grants to Indian tribes and tribal organizations

24 that—
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1 ‘‘(A) operate contract schools under title XI

2 of the Education Amendments of 1978 and no3 tify the Secretary of their election to operate the

4 schools with assistance under this part rather

5 than continuing to operate such schools as con6 tract schools under such title;

7 ‘‘(B) operate other tribally controlled schools

8 eligible for assistance under this part and submit

9 applications (which are approved by their tribal

10 governing bodies) to the Secretary for such

11 grants; or

12 ‘‘(C) elect to assume operation of Bureau

13 funded schools with the assistance provided

14 under this part and submit applications (which

15 are approved by their tribal governing bodies) to

16 the Secretary for such grants.

17 ‘‘(2) DEPOSIT OF FUNDS.—Funds made avail18 able through a grant provided under this part shall

19 be deposited into the general operating fund of the

20 tribally controlled school with respect to which the

21 grant is made.

22 ‘‘(3) USE OF FUNDS.—

23 ‘‘(A) EDUCATION RELATED ACTIVITIES.—

24 Except as otherwise provided in this paragraph,

25 funds made available through a grant provided
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1 under this part shall be used to defray, at the

2 discretion of the school board of the tribally con3 trolled school with respect to which the grant is

4 provided, any expenditures for education related

5 activities for which the grant may be used under

6 the laws described in section 5205(a), or any

7 similar activities, including expenditures for—

8 ‘‘(i) school operations, and academic,

9 educational, residential, guidance and coun10 seling, and administrative purposes; and

11 ‘‘(ii) support services for the school, in12 cluding transportation.

13 ‘‘(B) OPERATIONS AND MAINTENANCE EX14 PENDITURES.—Funds made available through a

15 grant provided under this part may, at the dis16 cretion of the school board of the tribally con17 trolled school with respect to which such grant is

18 provided, be used to defray operations and main19 tenance expenditures for the school if any funds

20 for the operation and maintenance of the school

21 are allocated to the school under the provisions

22 of any of the laws described in section 5205(a).

23 ‘‘(4) WAIVER OF FEDERAL TORT CLAIMS ACT.—

24 Notwithstanding section 314 of the Department of In25 terior and Related Agencies Appropriations Act, 1991
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1 (Public Law 101–512), the Federal Tort Claims Act

2 shall not apply to a program operated by a tribally

3 controlled school if the program is not funded by the

4 Federal agency. Nothing in the preceding sentence

5 shall be construed to apply to—

6 ‘‘(A) the employees of the school involved;

7 and

8 ‘‘(B) any entity that enters into a contract

9 with a grantee under this section.

10 ‘‘(b) LIMITATIONS.—

11 ‘‘(1) 1 GRANT PER TRIBE OR ORGANIZATION PER

12 FISCAL YEAR.—Not more than 1 grant may be pro13 vided under this part with respect to any Indian

14 tribe or tribal organization for any fiscal year.

15 ‘‘(2) NONSECTARIAN USE.—Funds made avail16 able through any grant provided under this part may

17 not be used in connection with religious worship or

18 sectarian instruction.

19 ‘‘(3) ADMINISTRATIVE COSTS LIMITATION.—

20 Funds made available through any grant provided

21 under this part may not be expended for administra22 tive cost (as defined in section 1127(a) of the Edu23 cation Amendments of 1978) in excess of the amount

24 generated for such cost under the formula established

25 in section 1127 of such Act.
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1 ‘‘(c) LIMITATION ON TRANSFER OF FUNDS AMONG

2 SCHOOL SITES.—

3 ‘‘(1) IN GENERAL.—In the case of a recipient of

4 a grant under this part that operates schools at more

5 than 1 school site, the grant recipient may expend not

6 more than the lesser of—

7 ‘‘(A) 10 percent of the funds allocated for

8 such school site, under section 1126 of the Edu9 cation Amendments of 1978; or

10 ‘‘(B) $400,000 of such funds;

11 at any other school site.

12 ‘‘(2) DEFINITION OF SCHOOL SITE.—In this sub13 section, the term ‘school site’ means the physical loca14 tion and the facilities of an elementary or secondary

15 educational or residential program operated by, or

16 under contract or grant with, the Bureau for which

17 a discrete student count is identified under the fund18 ing formula established under section 1126 of the

19 Education Amendments of 1978.

20 ‘‘(d) NO REQUIREMENT TO ACCEPT GRANTS.—Noth21 ing in this part may be construed—

22 ‘‘(1) to require a tribe or tribal organization to

23 apply for or accept; or

24 ‘‘(2) to allow any person to coerce any tribe or

25 tribal organization to apply for, or accept,
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1 a grant under this part to plan, conduct, and administer

2 all of, or any portion of, any Bureau program. The submis3 sion of such applications and the timing of such applica4 tions shall be strictly voluntary. Nothing in this part may

5 be construed as allowing or requiring the grant recipient

6 to make any grant under this part to any other entity.

7 ‘‘(e) NO EFFECT ON FEDERAL RESPONSIBILITY.—

8 Grants provided under this part shall not terminate, mod9 ify, suspend, or reduce the responsibility of the Federal Gov10 ernment to provide an educational program.

11 ‘‘(f) RETROCESSION.—

12 ‘‘(1) IN GENERAL.—Whenever a tribal governing

13 body requests retrocession of any program for which

14 assistance is provided under this part, such retroces15 sion shall become effective on a date specified by the

16 Secretary that is not later than 120 days after the

17 date on which the tribal governing body requests the

18 retrocession. A later date may be specified if mutually

19 agreed upon by the Secretary and the tribal governing

20 body. If such a program is retroceded, the Secretary

21 shall provide to any Indian tribe served by such pro22 gram at least the same quantity and quality of serv23 ices that would have been provided under such pro24 gram at the level of funding provided under this part

25 prior to the retrocession.
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1 ‘‘(2) STATUS AFTER RETROCESSION.—The tribe

2 requesting retrocession shall specify whether the ret3 rocession relates to status as a Bureau operated school

4 or as a school operated under a contract under the In5 dian Self-Determination Act.

6 ‘‘(g) TRANSFER OF EQUIPMENT AND MATERIALS.—

7 Except as otherwise determined by the Secretary, the tribe

8 or tribal organization operating the program to be

9 retroceded shall transfer to the Secretary (or to the tribe

10 or tribal organization that will operate the program as a

11 contract school) the existing property and equipment that

12 were acquired—

13 ‘‘(1) with assistance under this part; or

14 ‘‘(2) upon assumption of operation of the pro15 gram under this part if the school was a Bureau

16 funded school before receiving assistance under this

17 part.

18 ‘‘(h) PROHIBITION OF TERMINATION FOR ADMINISTRA19 TIVE CONVENIENCE.—Grants provided under this part may

20 not be terminated, modified, suspended, or reduced solely

21 for the convenience of the administering agency.

22 ‘‘SEC. 5205. COMPOSITION OF GRANTS.

23 ‘‘(a) IN GENERAL.—The funds made available through

24 a grant provided under this part to an Indian tribe or trib25 al organization for any fiscal year shall consist of—
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1 ‘‘(1) the total amount of funds allocated for such

2 fiscal year under sections 1126 and 1127 of the Edu3 cation Amendments of 1978 with respect to the trib4 ally controlled school eligible for assistance under this

5 part that is operated by such Indian tribe or tribal

6 organization, including funds provided under such

7 sections, or under any other provision of law, for

8 transportation costs for such school;

9 ‘‘(2) to the extent requested by such Indian tribe

10 or tribal organization, the total amount of funds pro11 vided from operations and maintenance accounts and,

12 notwithstanding section 105 of the Indian Self-Deter13 mination and Education Assistance Act or any other

14 provision of law, other facilities accounts for such

15 school for such fiscal year (including accounts for fa16 cilities referred to in section 1125(e) of the Education

17 Amendments of 1978 or any other law); and

18 ‘‘(3) the total amount of funds that are allocated

19 to such school for such fiscal year under—

20 ‘‘(A) title I of the Elementary and Sec21 ondary Education Act of 1965;

22 ‘‘(B) the Individuals with Disabilities Edu23 cation Act; and

24 ‘‘(C) any other Federal education law.

25 ‘‘(b) SPECIAL RULES.—
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1 ‘‘(1) IN GENERAL.—

2 ‘‘(A) APPLICABLE PROVISIONS.—Funds al3 located to a tribally controlled school by reason

4 of paragraph (1) or (2) of subsection (a) shall be

5 subject to the provisions of this part and shall

6 not be subject to any additional restriction, pri7 ority, or limitation that is imposed by the Bu8 reau with respect to funds provided under—

9 ‘‘(i) title I of the Elementary and Sec10 ondary Education Act of 1965;

11 ‘‘(ii) the Individuals with Disabilities

12 Education Act; or

13 ‘‘(iii) any Federal education law other

14 than title XI of the Education Amendments

15 of 1978.

16 ‘‘(B) OTHER BUREAU REQUIREMENTS.—In17 dian tribes and tribal organizations to which

18 grants are provided under this part, and tribally

19 controlled schools for which such grants are pro20 vided, shall not be subject to any requirements,

21 obligations, restrictions, or limitations imposed

22 by the Bureau that would otherwise apply solely

23 by reason of the receipt of funds provided under

24 any law referred to in clause (i), (ii) or (iii) of

25 subparagraph (A).
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1 ‘‘(2) SCHOOLS CONSIDERED CONTRACT

2 SCHOOLS.—Tribally controlled schools for which

3 grants are provided under this part shall be treated

4 as contract schools for the purposes of allocation of

5 funds under sections 1125(e), 1126, and 1127 of the

6 Education Amendments of 1978.

7 ‘‘(3) SCHOOLS CONSIDERED BUREAU

8 SCHOOLS.—Tribally controlled schools for which

9 grants are provided under this part shall be treated

10 as Bureau schools for the purposes of allocation of

11 funds provided under—

12 ‘‘(A) title I of the Elementary and Sec13 ondary Education Act of 1965;

14 ‘‘(B) the Individuals with Disabilities Edu15 cation Act; and

16 ‘‘(C) any other Federal education law, that

17 are distributed through the Bureau.

18 ‘‘(4) ACCOUNTS; USE OF CERTAIN FUNDS.—

19 ‘‘(A) SEPARATE ACCOUNT.—Notwith20 standing section 5204(a)(2), with respect to

21 funds from facilities improvement and repair,

22 alteration and renovation (major or minor),

23 health and safety, or new construction accounts

24 included in the grant provided under section

25 5204(a), the grant recipient shall maintain a
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1 separate account for such funds. At the end of the

2 period designated for the work covered by the

3 funds received, the grant recipient shall submit

4 to the Secretary a separate accounting of the

5 work done and the funds expended. Funds re6 ceived from those accounts may only be used for

7 the purpose for which the funds were appro8 priated and for the work encompassed by the ap9 plication or submission for which the funds were

10 received.

11 ‘‘(B) REQUIREMENTS FOR PROJECTS.—

12 ‘‘(i) REGULATORY REQUIREMENTS.—

13 With respect to a grant to a tribally con14 trolled school under this part for new con15 struction or facilities improvements and re16 pair in excess of $100,000, such grant shall

17 be subject to the Administrative and Audit

18 Requirements and Cost Principles for As19 sistance Programs contained in part 12 of

20 title 43, Code of Federal Regulations.

21 ‘‘(ii) EXCEPTION.—Notwithstanding

22 clause (i), grants described in such clause

23 shall not be subject to section 12.61 of title

24 43, Code of Federal Regulations. The Sec25 retary and the grantee shall negotiate and
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1 determine a schedule of payments for the

2 work to be performed.

3 ‘‘(iii) APPLICATIONS.—In considering

4 applications for a grant described in clause

5 (i), the Secretary shall consider whether the

6 Indian tribe or tribal organization involved

7 would be deficient in assuring that the con8 struction projects under the proposed grant

9 conform to applicable building standards

10 and codes and Federal, tribal, or State

11 health and safety standards as required

12 under section 1124 of the Education

13 Amendments of 1978 (25 U.S.C. 2005(a))

14 with respect to organizational and financial

15 management capabilities.

16 ‘‘(iv) DISPUTES.—Any disputes be17 tween the Secretary and any grantee con18 cerning a grant described in clause (i) shall

19 be subject to the dispute provisions con20 tained in section 5209(e).

21 ‘‘(C) NEW CONSTRUCTION.—Notwith22 standing subparagraph (A), a school receiving a

23 grant under this part for facilities improvement

24 and repair may use such grant funds for new

25 construction if the tribal governing body or trib-
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1 al organization that submits the application for

2 the grant provides funding for the new construc3 tion equal to at least 25 percent of the total cost

4 of such new construction.

5 ‘‘(D) PERIOD.—Where the appropriations

6 measure under which the funds described in sub7 paragraph (A) are made available or the appli8 cation submitted for the funds does not stipulate

9 a period for the work covered by the funds, the

10 Secretary and the grant recipient shall consult

11 and determine such a period prior to the transfer

12 of the funds. A period so determined may be ex13 tended upon mutual agreement of the Secretary

14 and the grant recipient.

15 ‘‘(5) ENFORCEMENT OF REQUEST TO INCLUDE

16 FUNDS.—

17 ‘‘(A) IN GENERAL.—If the Secretary fails to

18 carry out a request filed by an Indian tribe or

19 tribal organization to include in such tribe or

20 organization’s grant under this part the funds

21 described in subsection (a)(2) within 180 days

22 after the filing of the request, the Secretary

23 shall—

24 ‘‘(i) be deemed to have approved such

25 request; and
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1 ‘‘(ii) immediately upon the expiration

2 of such 180-day period amend the grant ac3 cordingly.

4 ‘‘(B) RIGHTS.—A tribe or organization de5 scribed in subparagraph (A) may enforce its

6 rights under subsection (a)(2) and this para7 graph, including rights relating to any denial or

8 failure to act on such tribe’s or organization’s re9 quest, pursuant to the dispute authority de10 scribed in section 5209(e).

11 ‘‘SEC. 5206. ELIGIBILITY FOR GRANTS.

12 ‘‘(a) RULES.—

13 ‘‘(1) IN GENERAL.—A tribally controlled school

14 is eligible for assistance under this part if the

15 school—

16 ‘‘(A) on April 28, 1988, was a contract

17 school under title XI of the Education Amend18 ments of 1978 and the tribe or tribal organiza19 tion operating the school submits to the Sec20 retary a written notice of election to receive a

21 grant under this part;

22 ‘‘(B) was a Bureau operated school under

23 title XI of the Education Amendments of 1978

24 and has met the requirements of subsection (b);
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1 ‘‘(C) is not a Bureau funded school, but has

2 met the requirements of subsection (c); or

3 ‘‘(D) is a school with respect to which an

4 election has been made under paragraph (2) and

5 that has met the requirements of subsection (b).

6 ‘‘(2) NEW SCHOOLS.—Notwithstanding para7 graph (1), for purposes of determining eligibility for

8 assistance under this part, any application that has

9 been submitted under the Indian Self-Determination

10 and Education Assistance Act by an Indian tribe or

11 tribal organization for a school that is not in oper12 ation on the date of enactment of the Native Amer13 ican Education Improvement Act of 2001 shall be re14 viewed under the guidelines and regulations for appli15 cations submitted under the Indian Self-Determina16 tion and Education Assistance Act that were in effect

17 at the time the application was submitted, unless the

18 Indian tribe or tribal organization elects to have the

19 application reviewed under the provisions of sub20 section (b).

21 ‘‘(b) ADDITIONAL REQUIREMENTS FOR BUREAU FUND22 ED SCHOOLS AND CERTAIN ELECTING SCHOOLS.—

23 ‘‘(1) BUREAU FUNDED SCHOOLS.—A school that

24 was a Bureau funded school under title XI of the

25 Education Amendments of 1978 on the date of enact-
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1 ment of the Native American Education Improvement

2 Act of 2001, and any school with respect to which an

3 election is made under subsection (a)(2), meets the re4 quirements of this subsection if—

5 ‘‘(A) the Indian tribe or tribal organization

6 that operates, or desires to operate, the school

7 submits to the Secretary an application request8 ing that the Secretary—

9 ‘‘(i) transfer operation of the school to

10 the Indian tribe or tribal organization, if

11 the Indian tribe or tribal organization is

12 not already operating the school; and

13 ‘‘(ii) make a determination as to

14 whether the school is eligible for assistance

15 under this part; and

16 ‘‘(B) the Secretary makes a determination

17 that the school is eligible for assistance under

18 this part.

19 ‘‘(2) CERTAIN ELECTING SCHOOLS.—

20 ‘‘(A) DETERMINATION.—By not later than

21 120 days after the date on which an application

22 is submitted to the Secretary under paragraph

23 (1)(A), the Secretary shall determine—

24 ‘‘(i) in the case of a school that is not

25 being operated by the Indian tribe or tribal
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1 organization, whether to transfer operation

2 of the school to the Indian tribe or tribal or3 ganization; and

4 ‘‘(ii) whether the school is eligible for

5 assistance under this part.

6 ‘‘(B) CONSIDERATION; TRANSFERS AND ELI7 GIBILITY.—In considering applications sub8 mitted under paragraph (1)(A), the Secretary—

9 ‘‘(i) shall transfer operation of the

10 school to the Indian tribe or tribal organi11 zation, if the tribe or tribal organization is

12 not already operating the school; and

13 ‘‘(ii) shall determine that the school is

14 eligible for assistance under this part, un15 less the Secretary finds by clear and con16 vincing evidence that the services to be pro17 vided by the Indian tribe or tribal organi18 zation will be deleterious to the welfare of

19 the Indians served by the school and will

20 not carry out the purposes of this Act.

21 ‘‘(C) CONSIDERATION; POSSIBLE DEFI22 CIENCIES.—In considering applications sub23 mitted under paragraph (1)(A), the Secretary

24 shall only consider whether the Indian tribe or
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1 tribal organization would be deficient in oper2 ating the school with respect to—

3 ‘‘(i) equipment;

4 ‘‘(ii) bookkeeping and accounting pro5 cedures;

6 ‘‘(iii) ability to adequately manage a

7 school; or

8 ‘‘(iv) adequately trained personnel.

9 ‘‘(c) ADDITIONAL REQUIREMENTS FOR A SCHOOL

10 THAT IS NOT A BUREAU FUNDED SCHOOL.—

11 ‘‘(1) IN GENERAL.—A school that is not a Bu12 reau funded school under title XI of the Education

13 Amendments of 1978 meets the requirements of this

14 subsection if—

15 ‘‘(A) the Indian tribe or tribal organization

16 that operates, or desires to operate, the school

17 submits to the Secretary an application request18 ing a determination by the Secretary as to

19 whether the school is eligible for assistance under

20 this part; and

21 ‘‘(B) the Secretary makes a determination

22 that the school is eligible for assistance under

23 this part.

24 ‘‘(2) DEADLINE FOR DETERMINATION BY SEC25 RETARY.—
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1 ‘‘(A) DETERMINATION.—By not later than

2 180 days after the date on which an application

3 is submitted to the Secretary under paragraph

4 (1)(A), the Secretary shall determine whether the

5 school is eligible for assistance under this part.

6 ‘‘(B) FACTORS.—In making the determina7 tion under subparagraph (A), the Secretary shall

8 give equal consideration to each of the following

9 factors:

10 ‘‘(i) With respect to the applicant’s

11 proposal—

12 ‘‘(I) the adequacy of facilities or

13 the potential to obtain or provide ade14 quate facilities;

15 ‘‘(II) geographic and demographic

16 factors in the affected areas;

17 ‘‘(III) adequacy of the applicant’s

18 program plans;

19 ‘‘(IV) geographic proximity of

20 comparable public education; and

21 ‘‘(V) the needs to be met by the

22 school, as expressed by all affected par23 ties, including but not limited to stu24 dents, families, tribal governments at
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1 both the central and local levels, and

2 school organizations.

3 ‘‘(ii) With respect to all education serv4 ices already available—

5 ‘‘(I) geographic and demographic

6 factors in the affected areas;

7 ‘‘(II) adequacy and comparability

8 of programs already available;

9 ‘‘(III) consistency of available

10 programs with tribal education codes

11 or tribal legislation on education; and

12 ‘‘(IV) the history and success of

13 those services for the proposed popu14 lation to be served, as determined from

15 all factors including, if relevant, stand16 ardized examination performance.

17 ‘‘(C) EXCEPTION REGARDING PROXIMITY.—

18 The Secretary may not make a determination

19 under this paragraph that is primarily based

20 upon the geographic proximity of comparable

21 public education.

22 ‘‘(D) INFORMATION ON FACTORS.—An ap23 plication submitted under paragraph (1)(A)

24 shall include information on the factors described

25 in subparagraph (B)(i), but the applicant may
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1 also provide the Secretary such information rel2 ative to the factors described in subparagraph

3 (B)(ii) as the applicant considers to be appro4 priate.

5 ‘‘(E) TREATMENT OF LACK OF DETERMINA6 TION.—If the Secretary fails to make a deter7 mination under subparagraph (A) with respect

8 to an application within 180 days after the date

9 on which the Secretary received the

10 application—

11 ‘‘(i) the Secretary shall be deemed to

12 have made a determination that the tribally

13 controlled school is eligible for assistance

14 under this part; and

15 ‘‘(ii) the grant shall become effective 18

16 months after the date on which the Sec17 retary received the application, or on an

18 earlier date, at the Secretary’s discretion.

19 ‘‘(d) FILING OF APPLICATIONS AND REPORTS.—

20 ‘‘(1) IN GENERAL.—Each application or report

21 submitted to the Secretary under this part, and any

22 amendment to such application or report, shall be

23 filed with the education line officer designated by the

24 Director of the Office of Indian Education Programs

25 of the Bureau of Indian Affairs. The date on which
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1 the filing occurs shall, for purposes of this part, be

2 treated as the date on which the application, report,

3 or amendment was submitted to the Secretary.

4 ‘‘(2) SUPPORTING DOCUMENTATION.—

5 ‘‘(A) IN GENERAL.—Any application that is

6 submitted under this part shall be accompanied

7 by a document indicating the action taken by the

8 appropriate tribal governing body concerning

9 authorizing such application.

10 ‘‘(B) AUTHORIZATION ACTION.—The Sec11 retary shall administer the requirement of sub12 paragraph (A) in a manner so as to ensure that

13 the tribe involved, through the official action of

14 the tribal governing body, has approved of the

15 application for the grant.

16 ‘‘(C) RULE OF CONSTRUCTION.—Nothing in

17 this paragraph shall be construed as making a

18 tribal governing body (or tribe) that takes an ac19 tion described in subparagraph (A) a party to

20 the grant (unless the tribal governing body or the

21 tribe is the grantee) or as making the tribal gov22 erning body or tribe financially or program23 matically responsible for the actions of the grant24 ee.
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1 ‘‘(3) RULES OF CONSTRUCTION.—Nothing in this

2 subsection shall be construed as making a tribe act as

3 a surety for the performance of a grantee under a

4 grant under this part.

5 ‘‘(4) CLARIFICATION.—The provisions of para6 graphs (2) and (3) shall be construed as a clarifica7 tion of policy in existence on the date of enactment

8 of the Native American Education Improvement Act

9 of 2001 with respect to grants under this part and

10 shall not be construed as altering such policy or as

11 a new policy.

12 ‘‘(e) EFFECTIVE DATE FOR APPROVED APPLICA13 TIONS.—Except as provided in subsection (c)(2)(E), a grant

14 provided under this part shall be made, and any transfer

15 of the operation of a Bureau school made under subsection

16 (b) shall become effective, beginning on the first day of the

17 academic year succeeding the fiscal year in which the appli18 cation for the grant or transfer is made, or on an earlier

19 date determined by the Secretary.

20 ‘‘(f) DENIAL OF APPLICATIONS.—

21 ‘‘(1) IN GENERAL.—If the Secretary disapproves

22 a grant under this part, disapproves the transfer of

23 operations of a Bureau school under subsection (b), or

24 determines that a school is not eligible for assistance

25 under this part, the Secretary shall—
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1 ‘‘(A) state the objections in writing to the

2 tribe or tribal organization involved within the

3 allotted time;

4 ‘‘(B) provide assistance to the tribe or tribal

5 organization to cure all stated objections;

6 ‘‘(C) at the request of the tribe or tribal or7 ganization, provide to the tribe or tribal organi8 zation a hearing on the record regarding the re9 fusal or determination involved, under the same

10 rules and regulations as apply under the Indian

11 Self-Determination and Education Assistance

12 Act; and

13 ‘‘(D) provide to the tribe or tribal organiza14 tion an opportunity to appeal the decision re15 sulting from the hearing.

16 ‘‘(2) TIMELINE FOR RECONSIDERATION OF

17 AMENDED APPLICATIONS.—The Secretary shall recon18 sider any amended application submitted under this

19 part within 60 days after the amended application is

20 submitted to the Secretary and shall submit the deter21 minations of the Secretary with respect to such recon22 sideration to the tribe or the tribal organization.

23 ‘‘(g) REPORT.—The Bureau shall prepare and submit

24 to Congress an annual report on all applications received,

25 and actions taken (including the costs associated with such
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1 actions), under this section on the same date as the date

2 on which the President is required to submit to Congress

3 a budget of the United States Government under section

4 1105 of title 31, United States Code.

5 ‘‘SEC. 5207. DURATION OF ELIGIBILITY DETERMINATION.

6 ‘‘(a) IN GENERAL.—If the Secretary determines that

7 a tribally controlled school is eligible for assistance under

8 this part, the eligibility determination shall remain in effect

9 until the determination is revoked by the Secretary, and

10 the requirements of subsection (b) or (c) of section 5206,

11 if applicable, shall be considered to have been met with re12 spect to such school until the eligibility determination is

13 revoked by the Secretary.

14 ‘‘(b) ANNUAL REPORTS.—

15 ‘‘(1) IN GENERAL.—Each recipient of a grant

16 provided under this part for a school shall prepare an

17 annual report concerning the school involved, the con18 tents of which shall be limited to—

19 ‘‘(A) an annual financial statement report20 ing revenue and expenditures as defined by the

21 cost accounting standards established by the

22 grant recipient;

23 ‘‘(B) an annual financial audit conducted

24 pursuant to the standards of chapter 71 of title

25 31, United States Code;
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1 ‘‘(C) a biennial compliance audit of the

2 procurement of personal property during the pe3 riod for which the report is being prepared that

4 shall be in compliance with written procurement

5 standards that are developed by the local school

6 board;

7 ‘‘(D) an annual submission to the Secretary

8 containing information on the number of stu9 dents served and a brief description of programs

10 offered through the grant; and

11 ‘‘(E) a program evaluation conducted by an

12 impartial evaluation review team, to be based on

13 the standards established for purposes of sub14 section (c)(1)(A)(ii).

15 ‘‘(2) EVALUATION REVIEW TEAMS.—In appro16 priate cases, representatives of other tribally con17 trolled schools and representatives of tribally con18 trolled community colleges shall be members of the

19 evaluation review teams.

20 ‘‘(3) EVALUATIONS.—In the case of a school that

21 is accredited, the evaluations required under this sub22 section shall be conducted at intervals under the terms

23 of the accreditation.

24 ‘‘(4) SUBMISSION OF REPORT.—
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1 ‘‘(A) TO TRIBAL GOVERNING BODY.—Upon

2 completion of the annual report required under

3 paragraph (1), the recipient of the grant shall

4 send (via first class mail, return receipt re5 quested) a copy of such annual report to the trib6 al governing body.

7 ‘‘(B) TO SECRETARY.—Not later than 30

8 days after receiving written confirmation that

9 the tribal governing body has received the report

10 sent pursuant to subparagraph (A), the recipient

11 of the grant shall send a copy of the report to the

12 Secretary.

13 ‘‘(c) REVOCATION OF ELIGIBILITY.—

14 ‘‘(1) IN GENERAL.—The Secretary may not re15 voke a determination that a school is eligible for as16 sistance under this part if—

17 ‘‘(A) the Indian tribe or tribal organization

18 submits the reports required under subsection (b)

19 with respect to the school; and

20 ‘‘(B) at least 1 of the following conditions

21 applies with respect to the school:

22 ‘‘(i) The school is certified or accred23 ited by a State certification or regional ac24 crediting association or is a candidate in

25 good standing for such certification or ac-
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1 creditation under the rules of the State cer2 tification or regional accrediting associa3 tion, showing that credits achieved by the

4 students within the education programs of

5 the school are, or will be, accepted at grade

6 level by a State certified or regionally ac7 credited institution.

8 ‘‘(ii) The Secretary determines that

9 there is a reasonable expectation that the

10 certification or accreditation described in

11 clause (i), or candidacy in good standing

12 for such certification or accreditation, will

13 be achieved by the school within 3 years.

14 The school seeking accreditation shall re15 main under the standards of the Bureau in

16 effect on the date of enactment of the Native

17 American Education Improvement Act of

18 2001 until such time as the school is accred19 ited, except that if the Bureau standards

20 are in conflict with the standards of the ac21 crediting agency, the standards of such

22 agency shall apply in such case.

23 ‘‘(iii) The school is accredited by a

24 tribal department of education if such ac25 creditation is accepted by a generally recog-
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1 nized State certification or regional accred2 iting agency.

3 ‘‘(iv)(I) With respect to a school that

4 lacks accreditation, or that is not a can5 didate for accreditation, based on cir6 cumstances that are not beyond the control

7 of the school board, every 3 years an impar8 tial evaluator agreed upon by the Secretary

9 and the grant recipient conducts evalua10 tions of the school, and the school receives a

11 positive assessment under such evaluations.

12 The evaluations are conducted under stand13 ards adopted by a contractor under a con14 tract for the school entered into under the

15 Indian Self-Determination and Education

16 Assistance Act (or revisions of such stand17 ards agreed to by the Secretary and the

18 grant recipient) prior to the date of enact19 ment of the Native American Education

20 Improvement Act of 2001.

21 ‘‘(II) If the Secretary and a grant re22 cipient other than a tribal governing body

23 fail to agree on such an evaluator, the tribal

24 governing body shall choose the evaluator or

25 perform the evaluation. If the Secretary and
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1 a grant recipient that is a tribal governing

2 body fail to agree on such an evaluator,

3 subclause (I) shall not apply.

4 ‘‘(III) A positive assessment by an im5 partial evaluator under this clause shall not

6 affect the revocation of a determination of

7 eligibility by the Secretary where such rev8 ocation is based on circumstances that were

9 within the control of the school board.

10 ‘‘(2) NOTICE REQUIREMENTS FOR REVOCA11 TION.—The Secretary may not revoke a determina12 tion that a school is eligible for assistance under this

13 part, or reassume control of a school that was a Bu14 reau school prior to approval of an application sub15 mitted under section 5206(b)(1)(A), until the

16 Secretary—

17 ‘‘(A) provides notice, to the tribally con18 trolled school involved and the appropriate tribal

19 governing body (within the meaning of section

20 1139 of the Education Amendments of 1978) for

21 the tribally controlled school, which notice

22 identifies—

23 ‘‘(i) the specific deficiencies that led to

24 the revocation or reassumption determina25 tion; and
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1 ‘‘(ii) the specific actions that are need2 ed to remedy such deficiencies; and

3 ‘‘(B) affords such school and governing body

4 an opportunity to implement the remedial ac5 tions.

6 ‘‘(3) TECHNICAL ASSISTANCE.—The Secretary

7 shall provide such technical assistance to enable the

8 school and governing body to carry out such remedial

9 actions.

10 ‘‘(4) HEARING AND APPEAL.—In addition to no11 tice and technical assistance under this subsection, the

12 Secretary shall provide to the school and governing

13 body—

14 ‘‘(A) at the request of the school or gov15 erning body, a hearing on the record regarding

16 the revocation or reassumption determination, to

17 be conducted under the rules and regulations de18 scribed in section 5206(f)(1)(C); and

19 ‘‘(B) an opportunity to appeal the decision

20 resulting from the hearing.

21 ‘‘(d) APPLICABILITY OF SECTION PURSUANT TO ELEC22 TION UNDER SECTION 5209(b).—With respect to a tribally

23 controlled school that receives assistance under this part

24 pursuant to an election made under section 5209(b)—

25 ‘‘(1) subsection (b) shall apply; and
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1 ‘‘(2) the Secretary may not revoke eligibility for

2 assistance under this part except in conformance with

3 subsection (c).

4 ‘‘SEC. 5208. PAYMENT OF GRANTS; INVESTMENT OF FUNDS;

5 STATE PAYMENTS TO SCHOOLS.

6 ‘‘(a) PAYMENTS.—

7 ‘‘(1) MANNER OF PAYMENTS.—

8 ‘‘(A) IN GENERAL.—Except as otherwise

9 provided in this subsection, the Secretary shall

10 make payments to grant recipients under this

11 part in 2 payments, of which—

12 ‘‘(i) the first payment shall be made

13 not later than July 1 of each year in an

14 amount equal to 80 percent of the amount

15 that the grant recipient was entitled to re16 ceive during the preceding academic year;

17 and

18 ‘‘(ii) the second payment, consisting of

19 the remainder to which the grant recipient

20 was entitled for the academic year, shall be

21 made not later than December 1 of each

22 year.

23 ‘‘(B) EXCESS FUNDING.—In a case in

24 which the amount provided to a grant recipient

25 under subparagraph (A)(i) is in excess of the
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1 amount that the recipient is entitled to receive

2 for the academic year involved, the recipient

3 shall return to the Secretary such excess amount

4 not later than 30 days after the final determina5 tion that the school was overpaid pursuant to

6 this section. The amount returned to the Sec7 retary under this subparagraph shall be distrib8 uted equally to all schools in the system.

9 ‘‘(2) NEWLY FUNDED SCHOOLS.—For any school

10 for which no payment under this part was made from

11 Bureau funds in the academic year preceding the

12 year for which the payments are being made, full

13 payment of the amount computed for the school for

14 the first academic year of eligibility under this part

15 shall be made not later than December 1 of the aca16 demic year.

17 ‘‘(3) LATE FUNDING.—With regard to funds for

18 grant recipients under this part that become available

19 for obligation on October 1 of the fiscal year for which

20 such funds are appropriated, the Secretary shall make

21 payments to the grant recipients not later than De22 cember 1 of the fiscal year.

23 ‘‘(4) APPLICABILITY OF CERTAIN TITLE 31 PROVI24 SIONS.—The provisions of chapter 39 of title 31,
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1 United States Code, shall apply to the payments re2 quired to be made under paragraphs (1), (2), and (3).

3 ‘‘(5) RESTRICTIONS.—Payments made under

4 paragraphs (1), (2), and (3) shall be subject to any

5 restriction on amounts of payments under this part

6 that is imposed by a continuing resolution or other

7 Act appropriating the funds involved.

8 ‘‘(b) INVESTMENT OF FUNDS.—

9 ‘‘(1) TREATMENT OF INTEREST AND INVESTMENT

10 INCOME.—Notwithstanding any other provision of

11 law, any interest or investment income that accrues

12 on or is derived from any funds provided under this

13 part for a school after such funds are paid to an In14 dian tribe or tribal organization and before such

15 funds are expended for the purpose for which such

16 funds were provided under this part shall be the prop17 erty of the Indian tribe or tribal organization. The

18 interest or income shall not be taken into account by

19 any officer or employee of the Federal Government in

20 determining whether to provide assistance, or the

21 amount of assistance to be provided, under any provi22 sion of Federal law.

23 ‘‘(2) PERMISSIBLE INVESTMENTS.—Funds pro24 vided under this part may be invested by an Indian

25 tribe or tribal organization, as approved by the
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1 grantee, before such funds are expended for the objec2 tives of this part if such funds are—

3 ‘‘(A) invested by the Indian tribe or tribal

4 organization only—

5 ‘‘(i) in obligations of the United States;

6 ‘‘(ii) in obligations or securities that

7 are guaranteed or insured by the United

8 States; or

9 ‘‘(iii) in mutual (or other) funds that

10 are registered with the Securities and Ex11 change Commission and that only invest in

12 obligations of the United States, or securi13 ties that are guaranteed or insured by the

14 United States; or

15 ‘‘(B) deposited only into accounts that are

16 insured by an agency or instrumentality of the

17 United States, or are fully supported by collat18 eral to ensure protection of the funds, even in the

19 event of a bank failure.

20 ‘‘(c) RECOVERIES.—Funds received under this part

21 shall not be taken into consideration by any Federal agency

22 for the purposes of making underrecovery and overrecovery

23 determinations for any other funds, from whatever source

24 derived.

25 ‘‘(d) PAYMENTS BY STATES.—
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1 ‘‘(1) IN GENERAL.—With respect to a school that

2 receives assistance under this part, a State shall

3 not—

4 ‘‘(A) take into account the amount of such

5 assistance in determining the amount of funds

6 that such school is eligible to receive under appli7 cable State law; or

8 ‘‘(B) reduce any State payments that such

9 school is eligible to receive under applicable

10 State law because of the assistance received by

11 the school under this part.

12 ‘‘(2) VIOLATIONS.—

13 ‘‘(A) IN GENERAL.—Upon receipt of any in14 formation from any source that a State is in

15 violation of paragraph (1), the Secretary shall

16 immediately, but in no case later than 90 days

17 after the receipt of such information, conduct an

18 investigation and make a determination of

19 whether such violation has occurred.

20 ‘‘(B) DETERMINATION.—If the Secretary

21 makes a determination under subparagraph (A)

22 that a State has violated paragraph (1), the Sec23 retary shall inform the Secretary of Education of

24 such determination and the basis for the deter25 mination. The Secretary of Education shall, in
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1 an expedient manner, pursue penalties under

2 paragraph (3) with respect to the State.

3 ‘‘(3) PENALTIES.—A State determined to have

4 violated paragraph (1) shall be subject to penalties

5 similar to the penalties described in section 8809(e)

6 of the Elementary and Secondary Education Act of

7 1965 for a violation of title VIII of such Act.

8 ‘‘SEC. 5209. APPLICATION WITH RESPECT TO INDIAN SELF9 DETERMINATION AND EDUCATION ASSIST10 ANCE ACT.

11 ‘‘(a) CERTAIN PROVISIONS TO APPLY TO GRANTS.—

12 The following provisions of the Indian Self-Determination

13 and Education Assistance Act (and any subsequent revi14 sions thereto or renumbering thereof), shall apply to grants

15 provided under this part and the schools funded under such

16 grants:

17 ‘‘(1) Section 5(f) (relating to single agency au18 dits).

19 ‘‘(2) Section 6 (relating to criminal activities;

20 penalties).

21 ‘‘(3) Section 7 (relating to wage and labor stand22 ards).

23 ‘‘(4) Section 104 (relating to retention of Federal

24 employee coverage).
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1 ‘‘(5) Section 105(f) (relating to Federal prop2 erty).

3 ‘‘(6) Section 105(k) (relating to access to Federal

4 sources of supply).

5 ‘‘(7) Section 105(l) (relating to lease of facility

6 used for administration and delivery of services).

7 ‘‘(8) Section 106(f) (relating to limitation on

8 remedies relating to cost disallowances).

9 ‘‘(9) Section 106(j) (relating to use of funds for

10 matching or cost participation requirements).

11 ‘‘(10) Section 106(k) (relating to allowable uses

12 of funds).

13 ‘‘(11) The portions of section 108(c) that consist

14 of model agreements provisions 1(b)(5) (relating to

15 limitations of costs), 1(b)(7) (relating to records and

16 monitoring), 1(b)(8) (relating to property), and

17 1(b)(9) (relating to availability of funds).

18 ‘‘(12) Section 109 (relating to reassumption).

19 ‘‘(13) Section 111 (relating to sovereign immu20 nity and trusteeship rights unaffected).

21 ‘‘(b) ELECTION FOR GRANT IN LIEU OF CONTRACT.—

22 ‘‘(1) IN GENERAL.—A contractor that carries out

23 an activity to which this part applies and who has

24 entered into a contract under the Indian Self-Deter25 mination and Education Assistance Act that is in ef-
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1 fect on the date of enactment of the Native American

2 Education Improvement Act of 2001 may, by giving

3 notice to the Secretary, elect to receive a grant under

4 this part in lieu of such contract and to have the pro5 visions of this part apply to such activity.

6 ‘‘(2) EFFECTIVE DATE OF ELECTION.—Any elec7 tion made under paragraph (1) shall take effect on

8 the first day of July immediately following the date

9 of such election.

10 ‘‘(3) EXCEPTION.—In any case in which the first

11 day of July immediately following the date of an elec12 tion under paragraph (1) is less than 60 days after

13 such election, such election shall not take effect until

14 the first day of July of year following the year in

15 which the election is made.

16 ‘‘(c) NO DUPLICATION.—No funds may be provided

17 under any contract entered into under the Indian Self-De18 termination and Education Assistance Act to pay any ex19 penses incurred in providing any program or services if

20 a grant has been made under this part to pay such expenses.

21 ‘‘(d) TRANSFERS AND CARRYOVERS.—

22 ‘‘(1) BUILDINGS, EQUIPMENT, SUPPLIES, MATE23 RIALS.—A tribe or tribal organization assuming the

24 operation of—
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1 ‘‘(A) a Bureau school with assistance under

2 this part shall be entitled to the transfer or use

3 of buildings, equipment, supplies, and materials

4 to the same extent as if the tribe or tribal orga5 nization were contracting under the Indian Self6 Determination and Education Assistance Act; or

7 ‘‘(B) a contract school with assistance under

8 this part shall be entitled to the transfer or use

9 of buildings, equipment, supplies, and materials

10 that were used in the operation of the contract

11 school to the same extent as if the tribe or tribal

12 organization were contracting under such Act.

13 ‘‘(2) FUNDS.—Any tribe or tribal organization

14 that assumes operation of a Bureau school with as15 sistance under this part and any tribe or tribal orga16 nization that elects to operate a school with assistance

17 under this part rather than to continue to operate the

18 school as a contract school shall be entitled to any

19 funds that would remain available from the previous

20 fiscal year if such school remained a Bureau school

21 or was operated as a contract school, respectively.

22 ‘‘(3) FUNDING FOR SCHOOL IMPROVEMENT.—

23 Any tribe or tribal organization that assumes oper24 ation of a Bureau school or a contract school with as25 sistance under this part shall be eligible for funding
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1 for the improvement, alteration, replacement, and re2 pair of facilities to the same extent as a Bureau

3 school.

4 ‘‘(e) EXCEPTIONS, PROBLEMS, AND DISPUTES.—

5 ‘‘(1) IN GENERAL.—Any exception or problem

6 cited in an audit conducted pursuant to section

7 5207(b)(1)(B), any dispute regarding a grant author8 ized to be made pursuant to this part or any modi9 fication of such grant, and any dispute involving an

10 administrative cost grant under section 1127 of the

11 Education Amendments of 1978, shall be adminis12 tered under the provisions governing such exceptions,

13 problems, or disputes described in this paragraph in

14 the case of contracts under the Indian Self-Deter15 mination and Education Assistance Act.

16 ‘‘(2) ADMINISTRATIVE APPEALS.—The Equal Ac17 cess to Justice Act (as amended) and the amendments

18 made by such Act, including section 504 of title 5,

19 and section 2412 of title 28, United States Code, shall

20 apply to an administrative appeal filed after Sep21 tember 8, 1988, by a grant recipient regarding a

22 grant provided under this part, including an admin23 istrative cost grant.
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1 ‘‘SEC. 5210. ROLE OF THE DIRECTOR.

2 ‘‘Applications for grants under this part, and all

3 modifications to the applications, shall be reviewed and ap4 proved by personnel under the direction and control of the

5 Director of the Office of Indian Education Programs. Re6 ports required under this part shall be submitted to edu7 cation personnel under the direction and control of the Di8 rector of such Office.

9 ‘‘SEC. 5211. REGULATIONS.

10 ‘‘The Secretary is authorized to issue regulations relat11 ing to the discharge of duties specifically assigned to the

12 Secretary in this part. For all other matters relating to the

13 details of planning, developing, implementing, and evalu14 ating grants under this part, the Secretary shall not issue

15 regulations.

16 ‘‘SEC. 5212. THE TRIBALLY CONTROLLED GRANT SCHOOL

17 ENDOWMENT PROGRAM.

18 ‘‘(a) IN GENERAL.—

19 ‘‘(1) ESTABLISHMENT.—Each school receiving a

20 grant under this part may establish, at a federally

21 insured financial institution, a trust fund for the

22 purposes of this section.

23 ‘‘(2) DEPOSITS AND USE.—The school may

24 provide—

25 ‘‘(A) for deposit into the trust fund, only

26 funds from non-Federal sources, except that the
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1 interest on funds received from grants provided

2 under this part may be used for that purpose;

3 ‘‘(B) for deposit into the trust fund, any

4 earnings on funds deposited in the fund; and

5 ‘‘(C) for the sole use of the school any

6 noncash, in-kind contributions of real or per7 sonal property, which may at any time be used,

8 sold, or otherwise disposed of.

9 ‘‘(b) INTEREST.—Interest from the fund established

10 under subsection (a) may periodically be withdrawn and

11 used, at the discretion of the school, to defray any expenses

12 associated with the operation of the school consistent with

13 the purposes of this Act.

14 ‘‘SEC. 5213. DEFINITIONS.

15 ‘‘In this part:

16 ‘‘(1) BUREAU.—The term ‘Bureau’ means the

17 Bureau of Indian Affairs of the Department of the In18 terior.

19 ‘‘(2) ELIGIBLE INDIAN STUDENT.—The term ‘eli20 gible Indian student’ has the meaning given such

21 term in section 1126(f) of the Education Amendments

22 of 1978.

23 ‘‘(3) INDIAN.—The term ‘Indian’ means a mem24 ber of an Indian tribe, and includes individuals who
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1 are eligible for membership in a tribe, and the child

2 or grandchild of such an individual.

3 ‘‘(4) INDIAN TRIBE.—The term ‘Indian tribe’

4 means any Indian tribe, band, nation, or other orga5 nized group or community, including an Alaska Na6 tive Village Corporation or Regional Corporation (as

7 defined in or established pursuant to the Alaskan Na8 tive Claims Settlement Act), which is recognized as el9 igible for the special programs and services provided

10 by the United States to Indians because of their sta11 tus as Indians.

12 ‘‘(5) LOCAL EDUCATIONAL AGENCY.—The term

13 ‘local educational agency’ means a public board of

14 education or other public authority legally constituted

15 within a State for either administrative control or di16 rection of, or to perform a service function for, public

17 elementary schools or secondary schools in a city,

18 county, township, school district, or other political

19 subdivision of a State or such combination of school

20 districts or counties as are recognized in a State as

21 an administrative agency for the State’s public ele22 mentary schools or secondary schools. Such term in23 cludes any other public institution or agency having

24 administrative control and direction of a public ele25 mentary school or secondary school.
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1 ‘‘(6) SECRETARY.—The term ‘Secretary’ means

2 the Secretary of the Interior.

3 ‘‘(7) TRIBAL GOVERNING BODY.—The term ‘trib4 al governing body’ means, with respect to any school

5 that receives assistance under this Act, the recognized

6 governing body of the Indian tribe involved.

7 ‘‘(8) TRIBAL ORGANIZATION.—

8 ‘‘(A) IN GENERAL.—The term ‘tribal orga9 nization’ means—

10 ‘‘(i) the recognized governing body of

11 any Indian tribe; or

12 ‘‘(ii) any legally established organiza13 tion of Indians that—

14 ‘‘(I) is controlled, sanctioned, or

15 chartered by such governing body or is

16 democratically elected by the adult

17 members of the Indian community to

18 be served by such organization; and

19 ‘‘(II) includes the maximum par20 ticipation of Indians in all phases of

21 the organization’s activities.

22 ‘‘(B) AUTHORIZATION.—In any case in

23 which a grant is provided under this part to an

24 organization to provide services through a trib25 ally controlled school benefiting more than 1 In-
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1 dian tribe, the approval of the governing bodies

2 of Indian tribes representing 80 percent of the

3 students attending the tribally controlled school

4 shall be considered a sufficient tribal authoriza5 tion for such grant.

6 ‘‘(9) TRIBALLY CONTROLLED SCHOOL.—The term

7 ‘tribally controlled school’ means a school that—

8 ‘‘(A) is operated by an Indian tribe or a

9 tribal organization, enrolling students in kinder10 garten through grade 12, including a preschool;

11 ‘‘(B) is not a local educational agency; and

12 ‘‘(C) is not directly administered by the Bu13 reau of Indian Affairs.’’.

14 SEC. 1222. LEASE PAYMENTS BY THE OJIBWA INDIAN

15 SCHOOL.

16 (a) IN GENERAL.—Notwithstanding the Tribally Con17 trolled Schools Act of 1988 (25 U.S.C. 2501 et seq.), or the

18 regulations promulgated under such Act, the Ojibwa Indian

19 School located in Belcourt, North Dakota, may use amounts

20 received under such Act to enter into, and make payments

21 under, a lease described in subsection (b).

22 (b) LEASE.—A lease described in this subsection is a

23 lease that—
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1 (1) is entered into by the Ojibwa Indian School

2 for the use of facilities owned by St. Ann’s Catholic

3 Church located in Belcourt, North Dakota;

4 (2) is entered into in the 2001–2002 school year,

5 or any other school year in which the Ojibwa Indian

6 School will use such facilities for school purposes;

7 (3) requires lease payments in an amount deter8 mined appropriate by an independent lease appraiser

9 that is selected by the parties to the lease, except that

10 such amount may not exceed the maximum amount

11 per square foot that is being paid by the Bureau of

12 Indian Affairs for other similarly situated Indian

13 schools under the Indian Self-Determination and

14 Education Assistance Act (Public Law 93–638); and

15 (4) contains a waiver of the right of St. Ann’s

16 Catholic Church to bring an action against the Ojib17 wa Indian School, the Turtle Mountain Band of

18 Chippewa, or the Federal Government for the recovery

19 of any amounts remaining unpaid under leases en20 tered into prior to the date of enactment of this Act.

21 (c) METHOD OF FUNDING.—Amounts shall be made

22 available by the Bureau of Indian Affairs to make lease

23 payments under this section in the same manner as

24 amounts are made available to make payments under leases

25 entered into by Indian schools under the Indian Self-Deter-
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1 mination and Education Assistance Act (Public Law 93–

2 638).

3 (d) OPERATION AND MAINTENANCE FUNDING.—The

4 Bureau of Indian Affairs shall provide funding for the oper5 ation and maintenance of the facilities and property used

6 by the Ojibwa Indian School under the lease entered into

7 under subsection (a) so long as such facilities and property

8 are being used by the School for educational purposes.

9 SEC. 1223. ENROLLMENT AND GENERAL ASSISTANCE PAY10 MENTS.

11 Section 5404(a) of the Augustus F. Hawkins-Robert T.

12 Stafford Elementary and Secondary School Improvement

13 Amendments Act of 1988 (25 U.S.C. 13d–2(a)) is

14 amended—

15 (1) by striking the matter preceding paragraph

16 (1) and inserting the following:

17 ‘‘(a) IN GENERAL.—The Secretary of the Interior shall

18 not disqualify from continued receipt of general assistance

19 payments from the Bureau of Indian Affairs an otherwise

20 eligible Indian for whom the Bureau is making or may

21 make general assistance payments (or exclude such an indi22 vidual from continued consideration in determining the

23 amount of general assistance payments for a household) be24 cause the individual is enrolled (and is making satisfactory

25 progress toward completion of a program or training that
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1 can reasonably be expected to lead to gainful employment)

2 for at least half-time study or training

3 in—’’; and

4 (2) by striking paragraph (4), and inserting the

5 following:

6 ‘‘(4) other programs or training approved by the

7 Secretary or by tribal education, employment or

8 training programs.’’.

9 TITLE XIII—EQUAL ACCESS TO

10 PUBLIC SCHOOL FACILITIES

11 SEC. 1301. SHORT TITLE.

12 This title may be cited as the ‘‘Boy Scouts of America

13 Equal Access Act’’.

14 SEC. 1302. EQUAL ACCESS.

15 (a) IN GENERAL.—Notwithstanding any other provi16 sion of law, no funds made available through the Depart17 ment of Education shall be provided to any public elemen18 tary school, public secondary school, local educational agen19 cy, or State educational agency, if the school or a school

20 served by the agency—

21 (1) has a designated open forum; and

22 (2) denies equal access or a fair opportunity to

23 meet to, or discriminates against, any group affili24 ated with the Boy Scouts of America or any other

25 youth group listed in title 36 of the United States
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1 Code as a patriotic society, that wishes to conduct a

2 meeting within that designated open forum, on the

3 basis of the membership or leadership criteria of the

4 Boy Scouts of America or of the youth group that

5 prohibit the acceptance of homosexuals, or individuals

6 who reject the Boy Scouts’ or the youth group’s oath

7 of allegiance to God and country, as members or lead8 ers.

9 (b) TERMINATION OF ASSISTANCE AND OTHER AC10 TION.—

11 (1) DEPARTMENTAL ACTION.—The Secretary is

12 authorized and directed to effectuate subsection (a) by

13 issuing, and securing compliance with, rules or orders

14 with respect to a public school or agency that receives

15 funds made available through the Department of Edu16 cation and that denies equal access, or a fair oppor17 tunity to meet, or discriminates, as described in sub18 section (a).

19 (2) PROCEDURE.—The Secretary shall issue and

20 secure compliance with the rules or orders, under

21 paragraph (1), in a manner consistent with the pro22 cedure used by a Federal department or agency under

23 section 602 of the Civil Rights Act of 1964 (42 U.S.C.

24 2000d–1).
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1 (3) JUDICIAL REVIEW.—Any action taken by the

2 Secretary under paragraph (1) shall be subject to the

3 judicial review described in section 603 of that Act

4 (42 U.S.C. 2000d–2). Any person aggrieved by the ac5 tion may obtain that judicial review in the manner,

6 and to the extent, provided in section 603 of that Act.

7 (c) DEFINITIONS AND RULE.—

8 (1) DEFINITIONS.—In this section:

9 (A) ELEMENTARY SCHOOL; LOCAL EDU10 CATIONAL AGENCY; SECONDARY SCHOOL; STATE

11 EDUCATIONAL AGENCY.—The terms ‘‘elementary

12 school’’, ‘‘local educational agency’’, ‘‘secondary

13 school’’, and ‘‘State educational agency’’ have the

14 meanings given the terms in section 3 of the Ele15 mentary and Secondary Education Act of 1965.

16 (B) SECRETARY.—The term ‘‘Secretary’’

17 means the Secretary of Education, acting

18 through the Assistant Secretary for Civil Rights

19 of the Department of Education.

20 (C) YOUTH GROUP.—The term ‘‘youth

21 group’’ means any group or organization in22 tended to serve young people under the age of 21

23 and which is listed in title 36 of the United

24 States Code as a patriotic society.
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1 (2) RULE.—For purposes of this section, an ele2 mentary school or secondary school has a designated

3 open forum whenever the school involved grants an of4 fering to or opportunity for 1 or more youth or com5 munity groups to meet on school premises or in school

6 facilities before or after the hours during which at7 tendance at the school is compulsory.

8 SEC. 1303. EFFECTIVE DATE.

9 This title takes effect 1 day after the date of enactment

10 of this Act.

11 TITLE XIV—INDIVIDUALS WITH

12 DISABILITIES

13 SEC. 1401. DISCIPLINE.

14 Section 615 of the Individuals with Disabilities Edu15 cation Act (20 U.S.C. 1415) is amended by adding at the

16 end the following:

17 ‘‘(n) UNIFORM POLICIES.—

18 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

19 and notwithstanding any other provision of this Act,

20 a State educational agency or local educational agen21 cy may establish and implement uniform policies re22 garding discipline and order applicable to all chil23 dren under the jurisdiction of the agency to ensure the

24 safety of such children and an appropriate edu-
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1 cational atmosphere in the schools under the jurisdic2 tion of the agency.

3 ‘‘(2) LIMITATION.—

4 ‘‘(A) IN GENERAL.—A child with a dis5 ability who is removed from the child’s regular

6 educational placement under paragraph (1) shall

7 receive a free appropriate public education which

8 may be provided in an alternative educational

9 setting if the behavior that led to the child’s re10 moval is a manifestation of the child’s disability,

11 as determined under subparagraphs (B) and (C)

12 of subsection (k)(4).

13 ‘‘(B) MANIFESTATION DETERMINATION.—

14 The manifestation determination shall be made

15 immediately, if possible, but in no case later

16 than 10 school days after school personnel decide

17 to remove the child with a disability from the

18 child’s regular educational placement.

19 ‘‘(C) DETERMINATION THAT BEHAVIOR WAS

20 NOT MANIFESTATION OF DISABILITY.—If the re21 sult of the manifestation review is a determina22 tion that the behavior of the child with a dis23 ability was not a manifestation of the child’s

24 disability, appropriate school personnel may

25 apply to the child the same relevant disciplinary
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1 procedures as would apply to children without a

2 disability.’’ .

3 SEC. 1402. PROCEDURAL SAFEGUARDS.

4 Section 615 of the Individuals with Disabilities Edu5 cation Act (20 U.S.C. 1415) (as amended by section 1401)

6 is amended by adding at the end the following:

7 ‘‘(o) DISCIPLINE DETERMINATIONS BY LOCAL AU8 THORITY.—

9 ‘‘(1) INDIVIDUAL DETERMINATIONS.—In car10 rying out any disciplinary policy described in sub11 section (n)(1), school personnel shall have discretion

12 to consider all germane factors in each individual

13 case and modify any disciplinary action on a case14 by-case basis.

15 ‘‘(2) DEFENSE.—Nothing in subsection (n) pre16 cludes a child with a disability who is disciplined

17 under such subsection from asserting a defense that

18 the alleged act was unintentional or innocent.

19 ‘‘(3) LIMITATION.—

20 ‘‘(A) REVIEW OF MANIFESTATION DETER21 MINATION.—If the parents or the local edu22 cational agency disagree with a manifestation

23 determination under subsection (n)(2), the par24 ents or the agency may request a review of that
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1 determination through the procedures described

2 in subsections (f) through (i).

3 ‘‘(B) PLACEMENT DURING REVIEW.—Dur4 ing the course of any review proceedings under

5 subparagraph (A), the child shall receive a free

6 appropriate public education which may be pro7 vided in an alternative educational placement.’’.

8 SEC. 1403. ALTERNATIVE EDUCATION FOR CHILDREN WITH

9 DISABILITIES.

10 (a) IN GENERAL.—At the written request of a parent

11 (as defined in section 602(19)(A) of the Individuals with

12 Disabilities Education Act) of a child with a disability (as

13 defined in section 602(3) of such Act), a local educational

14 agency in which the child resides, or a State educational

15 agency that is responsible for educating the child, may

16 transfer the child to any accredited school that—

17 (1) is specifically designed to serve children with

18 disabilities;

19 (2) is selected by the child’s parents;

20 (3) agrees to accept the child; and

21 (4) carries out a program that the local edu22 cational agency, or State educational agency, if ap23 propriate, determines will benefit the child.

24 (b) PAYMENT TO SCHOOL; LIMITATION ON FURTHER

25 RESPONSIBILITY.—
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1 (1) IN GENERAL.—For each year for which a

2 child with a disability attends a school pursuant to

3 subsection (a), the local educational agency or State

4 educational agency shall pay the school, from

5 amounts available to the agency under part B of the

6 Individuals with Disabilities Education Act, an

7 amount equal to the per-pupil expenditure for all

8 children in its public elementary and secondary

9 schools, or, in the case of a State educational agency,

10 the average per-pupil expenditure for the State, as de11 fined in section 3(2) of the Elementary and Sec12 ondary Education Act of 1965.

13 (2) TRANSFER.—Notwithstanding any other pro14 vision of law, a local educational agency or State

15 educational agency that transfers a child with a dis16 ability to a school under subsection (a) shall have no

17 other responsibility for the education of the child

18 while the child attends that school.

19 (c) USE OF FUNDS; ADDITIONAL CHARGES TO PAR20 ENTS.—A school receiving funds under subsection (b)(1)—

21 (1) shall use the funds only to meet the costs of

22 the child’s attendance at the school; and

23 (2) may, notwithstanding any other provision of

24 law, charge the child’s parents for the costs of the
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1 child’s attendance at the school that exceed the

2 amount of those funds.

3 TITLE XV—EQUAL ACCESS TO

4 PUBLIC SCHOOL FACILITIES

5 SEC. 1501. SHORT TITLE.

6 This title may be cited as the ‘‘Equal Access to Public

7 School Facilities Act’’.

8 SEC. 1502. EQUAL ACCESS.

9 No public elementary school, public secondary school,

10 local educational agency, or State educational agency may

11 deny equal access or a fair opportunity to meet after school

12 in a designated open forum to any youth group listed in

13 title 36 of the United States Code as a patriotic society,

14 including the Boy Scouts of America, based on that group’s

15 favorable or unfavorable position concerning sexual orienta16 tion.

17 TITLE XVI—EDUCATION PRO18 GRAMS OF NATIONAL SIG19 NIFICANCE

20 SEC. 1601. AMENDMENT TO THE ELEMENTARY AND SEC21 ONDARY EDUCATION ACT OF 1965.

22 The Act (20 U.S.C. 6301 et seq.) is amended by adding

23 at the end the following:
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1 ‘‘TITLE XI—EDUCATION PRO2 GRAMS OF NATIONAL SIG3 NIFICANCE

4 ‘‘PART A—READING IS FUNDAMENTAL—

5 INEXPENSIVE BOOK DISTRIBUTION PROGRAM

6 ‘‘SEC. 11101. INEXPENSIVE BOOK DISTRIBUTION PROGRAM

7 FOR READING MOTIVATION.

8 ‘‘(a) PURPOSE.—The purpose of this section is to es9 tablish and implement a model partnership between a gov10 ernmental entity and a private entity, to help prepare

11 young children for reading and motivate older children to

12 read, through the distribution of inexpensive books. Local

13 reading motivation programs assisted under this section

14 shall use such assistance to provide books, training for vol15 unteers, motivational activities, and other essential literacy

16 resources, and shall assign the highest priority to serving

17 the youngest and neediest children in the United States.

18 ‘‘(b) AUTHORIZATION.—The Secretary is authorized to

19 enter into a contract with Reading Is Fundamental (RIF)

20 (hereafter in this section referred to as ‘the contractor’) to

21 support and promote programs, which include the distribu22 tion of inexpensive books to young and school age children,

23 that motivate children to read.

24 ‘‘(c) REQUIREMENTS OF CONTRACT.—Any contract en25 tered into under subsection (b) shall—
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1 ‘‘(1) provide that the contractor will enter into

2 subcontracts with local private nonprofit groups or

3 organizations, or with public agencies, under which

4 each subcontractor will agree to establish, operate,

5 and provide the non-Federal share of the cost of read6 ing motivation programs that include the distribution

7 of books, by gift, to the extent feasible, or loan, to chil8 dren from birth through secondary school age, includ9 ing those in family literacy programs;

10 ‘‘(2) provide that funds made available to sub11 contractors will be used only to pay the Federal share

12 of the cost of such programs;

13 ‘‘(3) provide that in selecting subcontractors for

14 initial funding, the contractor will give priority to

15 programs that will serve a substantial number or per16 centage of children with special needs, such as—

17 ‘‘(A) low-income children, particularly in

18 high-poverty areas;

19 ‘‘(B) children at risk of school failure;

20 ‘‘(C) children with disabilities;

21 ‘‘(D) foster children;

22 ‘‘(E) homeless children;

23 ‘‘(F) migrant children;

24 ‘‘(G) children without access to libraries;
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1 ‘‘(H) institutionalized or incarcerated chil2 dren; and

3 ‘‘(I) children whose parents are institu4 tionalized or incarcerated;

5 ‘‘(4) provide that the contractor will provide

6 such training and technical assistance to subcontrac7 tors as may be necessary to carry out the purpose of

8 this section;

9 ‘‘(5) provide that the contractor will annually

10 report to the Secretary the number of, and describe,

11 programs funded under paragraph (3); and

12 ‘‘(6) include such other terms and conditions as

13 the Secretary determines to be appropriate to ensure

14 the effectiveness of such programs.

15 ‘‘(d) RESTRICTION ON PAYMENTS.—The Secretary

16 shall make no payment of the Federal share of the cost of

17 acquiring and distributing books under any contract under

18 this section unless the Secretary determines that the con19 tractor or subcontractor, as the case may be, has made ar20 rangements with book publishers or distributors to obtain

21 books at discounts at least as favorable as discounts that

22 are customarily given by such publisher or distributor for

23 book purchases made under similar circumstances in the

24 absence of Federal assistance.
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1 ‘‘(e) SPECIAL RULES FOR CERTAIN SUBCONTRAC2 TORS.—

3 ‘‘(1) FUNDS FROM OTHER FEDERAL SOURCES.—

4 Subcontractors operating programs under this section

5 in low-income communities with a substantial num6 ber or percentage of children with special needs, as

7 described in subsection (c)(3), may use funds from

8 other Federal sources to pay the non-Federal share of

9 the cost of the program, if those funds do not comprise

10 more than 50 percent of the non-Federal share of the

11 funds used for the cost of acquiring and distributing

12 books.

13 ‘‘(2) WAIVER AUTHORITY.—Notwithstanding sub14 section (c), the contractor may waive, in whole or in

15 part, the requirement in subsection (c)(1) for a sub16 contractor, if the subcontractor demonstrates that it

17 would otherwise not be able to participate in the pro18 gram, and enters into an agreement with the con19 tractor with respect to the amount of the non-Federal

20 share to which the waiver will apply. In a case in

21 which such a waiver is granted, the requirement in

22 subsection (c)(2) shall not apply.

23 ‘‘(f) MULTI-YEAR CONTRACTS.—The contractor may

24 enter into a multi-year subcontract under this section, if—
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1 ‘‘(1) the contractor believes that such subcontract

2 will provide the subcontractor with additional lever3 age in seeking local commitments; and

4 ‘‘(2) the subcontract does not undermine the fi5 nances of the national program.

6 ‘‘(g) DEFINITION OF FEDERAL SHARE.—For the pur7 pose of this section, the term ‘Federal share’ means, with

8 respect to the cost to a subcontractor of purchasing books

9 to be paid under this section, 75 percent of such costs to

10 the subcontractor, except that the Federal share for pro11 grams serving children of migrant or seasonal farmworkers

12 shall be 100 percent of such costs to the subcontractor.

13 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—For the

14 purpose of carrying out this section, there are authorized

15 to be appropriated $25,000,000 for fiscal year 2002 and

16 such sums as may be necessary for each of the 6 succeeding

17 fiscal years.

18 ‘‘PART B—NATIONAL WRITING PROJECT

19 ‘‘SEC. 11151. FINDINGS AND PURPOSES.

20 ‘‘(a) FINDINGS.—Congress finds that—

21 ‘‘(1) the United States faces a continuing crisis

22 in writing in schools and in the workplace;

23 ‘‘(2) the writing problem has been magnified by

24 the rapidly changing student population, the growing

25 number of at-risk students due to limited English
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1 proficiency, the shortage of adequately trained teach2 ers, and the specialized knowledge required of teachers

3 to teach students with special needs who are now part

4 of mainstream classrooms;

5 ‘‘(3) nationwide reports from universities and

6 colleges show that entering students are unable to

7 meet the demands of college level writing, almost all

8 2-year institutions of higher education offer remedial

9 writing courses, and three-quarters of public 4-year

10 institutions of higher education and half of all pri11 vate 4-year institutions of higher education must pro12 vide remedial courses in writing;

13 ‘‘(4) American businesses and corporations are

14 concerned about the limited writing skills of both

15 entry-level workers and executives whose promotions

16 are denied due to inadequate writing abilities;

17 ‘‘(5) writing is fundamental to learning, includ18 ing learning to read, yet writing has been neglected

19 historically in schools and in teacher training institu20 tions;

21 ‘‘(6) writing is a central feature in State and

22 school district education standards in all disciplines;

23 ‘‘(7) since 1973, the only national program to

24 address the writing problem in the Nation’s schools

25 has been the National Writing Project, a network of
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1 collaborative university-school programs, the goals of

2 which are to improve student achievement in writing

3 and student learning through improving the teaching

4 and uses of writing at all grade levels and in all dis5 ciplines;

6 ‘‘(8) the National Writing Project is a nationally

7 recognized and honored nonprofit organization that

8 improves the quality of teaching and teachers through

9 developing teacher-leaders who teach other teachers in

10 summer and school year programs;

11 ‘‘(9) evaluations of the National Writing Project

12 document the positive impact the project has had on

13 improving the teaching of writing, student perform14 ance in writing, and student learning;

15 ‘‘(10) the National Writing Project has become a

16 model for programs to improve teaching in such other

17 fields as mathematics, science, history, reading and

18 literature, performing arts, and foreign languages;

19 ‘‘(11) each year, over 150,000 participants ben20 efit from National Writing Project programs in 1 of

21 156 United States sites located in 46 States and the

22 Commonwealth of Puerto Rico; and

23 ‘‘(12) the National Writing Project is a cost-ef24 fective program and leverages over 6 dollars for every

25 1 Federal dollar.
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1 ‘‘(b) PURPOSE.—It is the purpose of this part—

2 ‘‘(1) to support and promote the expansion of the

3 National Writing Project network of sites so that

4 teachers in every region of the United States will have

5 access to a National Writing Project program;

6 ‘‘(2) to ensure the consistent high quality of the

7 sites through ongoing review, evaluation and technical

8 assistance;

9 ‘‘(3) to support and promote the establishment of

10 programs to disseminate effective practices and re11 search findings about the teaching of writing; and

12 ‘‘(4) to coordinate activities assisted under this

13 part with activities assisted under this Act.

14 ‘‘SEC. 11152. NATIONAL WRITING PROJECT.

15 ‘‘(a) AUTHORIZATION.—The Secretary is authorized to

16 award a grant to the National Writing Project, a nonprofit

17 educational organization that has as its primary purpose

18 the improvement of the quality of student writing and

19 learning (hereafter in this section referred to as the ‘grant20 ee’) to improve the teaching of writing and the use of writ21 ing as a part of the learning process in our Nation’s class22 rooms.

23 ‘‘(b) REQUIREMENTS OF GRANT.—The grant shall pro24 vide that—
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1 ‘‘(1) the grantee will enter into contracts with

2 institutions of higher education or other nonprofit

3 educational providers (hereafter in this section re4 ferred to as ‘contractors’) under which the contractors

5 will agree to establish, operate, and provide the non6 Federal share of the cost of teacher training programs

7 in effective approaches and processes for the teaching

8 of writing;

9 ‘‘(2) funds made available by the Secretary to

10 the grantee pursuant to any contract entered into

11 under this section will be used to pay the Federal

12 share of the cost of establishing and operating teacher

13 training programs as provided in paragraph (1); and

14 ‘‘(3) the grantee will meet such other conditions

15 and standards as the Secretary determines to be nec16 essary to assure compliance with the provisions of

17 this section and will provide such technical assistance

18 as may be necessary to carry out the provisions of

19 this section.

20 ‘‘(c) TEACHER TRAINING PROGRAMS.—The teacher

21 training programs authorized in subsection (a) shall—

22 ‘‘(1) be conducted during the school year and

23 during the summer months;

24 ‘‘(2) train teachers who teach grades kinder25 garten through college;
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1 ‘‘(3) select teachers to become members of a Na2 tional Writing Project teacher network whose mem3 bers will conduct writing workshops for other teachers

4 in the area served by each National Writing Project

5 site; and

6 ‘‘(4) encourage teachers from all disciplines to

7 participate in such teacher training programs.

8 ‘‘(d) FEDERAL SHARE.—

9 ‘‘(1) IN GENERAL.—Except as provided in para10 graph (2) or (3) and for purposes of subsection (a),

11 the term ‘Federal share’ means, with respect to the

12 costs of teacher training programs authorized in sub13 section (a), 50 percent of such costs to the contractor.

14 ‘‘(2) WAIVER.—The Secretary may waive the

15 provisions of paragraph (1) on a case-by-case basis if

16 the National Advisory Board described in subsection

17 (e) determines, on the basis of financial need, that

18 such waiver is necessary.

19 ‘‘(3) MAXIMUM.—The Federal share of the costs

20 of teacher training programs conducted pursuant to

21 subsection (a) may not exceed $100,000 for any one

22 contractor, or $200,000 for a statewide program ad23 ministered by any one contractor in at least 5 sites

24 throughout the State.

25 ‘‘(e) 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 determines necessary.

11 ‘‘(3) DUTIES.—The National Advisory Board es12 tablished pursuant to paragraph (1) shall—

13 ‘‘(A) advise the National Writing Project on

14 national issues related to student writing and

15 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 ‘‘(f) EVALUATION.—

21 ‘‘(1) IN GENERAL.—The Secretary shall conduct

22 an independent evaluation by grant or contract of the

23 teacher training programs administered pursuant to

24 this part. Such evaluation shall specify the amount of

25 funds expended by the National Writing Project and
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1 each contractor receiving assistance under this section

2 for administrative costs. The results of such evalua3 tion shall be made available to the appropriate com4 mittees of Congress.

5 ‘‘(2) FUNDING LIMITATION.—The Secretary shall

6 reserve not more than $150,000 from the total amount

7 appropriated pursuant to the authority of subsection

8 (h) for fiscal year 2002 and the 6 succeeding fiscal

9 years to conduct the evaluation described in para10 graph (1).

11 ‘‘(g) APPLICATION REVIEW.—

12 ‘‘(1) REVIEW BOARD.—The National Writing

13 Project shall establish and operate a National Review

14 Board that shall consist of—

15 ‘‘(A) leaders in the field of research in writ16 ing; and

17 ‘‘(B) such other individuals as the National

18 Writing Project deems necessary.

19 ‘‘(2) DUTIES.—The National Review Board

20 shall—

21 ‘‘(A) review all applications for assistance

22 under this subsection; and

23 ‘‘(B) recommend applications for assistance

24 under this subsection for funding by the National

25 Writing Project.
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1 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There

2 are authorized to be appropriated for the grant to the Na3 tional Writing Project, $15,000,000 for fiscal year 2002,

4 and such sums as may be necessary for each of the 6 suc5 ceeding fiscal years, to carry out the provisions of this sec6 tion.

7 ‘‘PART C—READY TO LEARN; READY TO TEACH

8 ‘‘Subpart 1—Ready to Learn

9 ‘‘SEC. 11201. SHORT TITLE; FINDINGS.

10 ‘‘(a) SHORT TITLE.—This part may be cited as the

11 ‘Ready to Learn, Ready to Teach Act of 2001’.

12 ‘‘(b) FINDINGS.—Congress makes the following find13 ings:

14 ‘‘(1) In 1994, Congress and the Department col15 laborated to make a long-term, meaningful and public

16 investment in the principle that high quality pre17 school television programming will help children be

18 ready to learn by the time the children entered first

19 grade.

20 ‘‘(2) The Ready to Learn Television Program

21 through the Public Broadcasting Service (PBS) and

22 local public television stations has proven to be an ex23 tremely cost-effective national response to improving

24 early childhood cognitive development and helping

25 parents, caregivers, and professional child care pro-
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1 viders learn how to use television as a means to help

2 children learn and develop social skills and values.

3 ‘‘(3) Independent research shows that parents

4 who participate in Ready to Learn workshops are

5 more selective of the programs that they choose for

6 their children, limit the number of hours of television

7 viewing of their children, and use the television pro8 grams as a catalyst for learning.

9 ‘‘(4) The Ready to Learn (RTL) Television Pro10 gram is supporting and creating commercial-free

11 broadcast programs for young children that are of the

12 highest possible educational quality.

13 ‘‘(5) Through the Nation’s 350 local public tele14 vision stations, these programs and other program15 ming elements reach tens of millions of children, their

16 parents, and caregivers without regard to their eco17 nomic circumstances, location, or access to cable. Pub18 lic television is a partner with Federal policy to make

19 television an instrument of preschool children’s edu20 cation and early development.

21 ‘‘(6) The Ready to Learn Television Program

22 supports thousands of local workshops organized and

23 run by local public television stations, child care serv24 ice providers, Head Start Centers, Even Start family

25 literacy centers and schools. These workshops have
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1 trained 630,587 parents and professionals who, in

2 turn, serve and support over 6,312,000 children across

3 the Nation.

4 ‘‘(7) The Ready to Learn Television Program

5 has published and distributed a periodic magazine

6 entitled ‘PBS Families’ that contains developmentally

7 appropriate material to strengthen reading skills and

8 enhance family literacy.

9 ‘‘(8) Ready to Learn Television stations also

10 have distributed millions of age-appropriate books in

11 their communities. Each station receives a minimum

12 of 300 books each month for free local distribution.

13 Some stations are now distributing more than 1,000

14 books per month. Nationwide, more than 653,494

15 books have been distributed in low-income and dis16 advantaged neighborhoods free of charge.

17 ‘‘(9) Demand for Ready To Learn Television

18 Program outreach and training has increased from

19 10 Public Broadcasting Service stations to 133 sta20 tions in 5 years. This growth has put a strain on

21 available resources resulting in an inability to meet

22 the demand for the service and to reach all the chil23 dren who would benefit from the service.

24 ‘‘(10) Federal policy played a crucial role in the

25 evolution of analog television by funding the tele-
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1 vision program entitled ‘Sesame Street’ in the 1960’s.

2 Federal policy should continue to play an equally

3 crucial role for children in the digital television age.

4 ‘‘SEC. 11202. READY TO LEARN.

5 ‘‘(a) IN GENERAL.—The Secretary is authorized to

6 award grants to eligible entities described in section

7 11203(b) to develop, produce, and distribute educational

8 and instructional video programming for preschool and ele9 mentary school children and their parents in order to facili10 tate the achievement of the National Education Goals.

11 ‘‘(b) AVAILABILITY.—In making such grants, the Sec12 retary shall ensure that eligible entities make programming

13 widely available, with support materials as appropriate, to

14 young children, their parents, child care workers, and Head

15 Start providers to increase the effective use of such program16 ming.

17 ‘‘SEC. 11203. EDUCATIONAL PROGRAMMING.

18 ‘‘(a) AWARDS.—The Secretary shall award grants

19 under section 11202 to eligible entities to—

20 ‘‘(1) facilitate the development directly, or

21 through contracts with producers of children and fam22 ily educational television programming, of—

23 ‘‘(A) educational programming for preschool

24 and elementary school children; and
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1 ‘‘(B) accompanying support materials and

2 services that promote the effective use of such

3 programming;

4 ‘‘(2) facilitate the development of programming

5 and digital content especially designed for nationwide

6 distribution over public television stations’ digital

7 broadcasting channels and the Internet, containing

8 Ready to Learn-based children’s programming and

9 resources for parents and caregivers; and

10 ‘‘(3) enable eligible entities to contract with enti11 ties (such as public telecommunications entities) so

12 that programs developed under this section are dis13 seminated and distributed—

14 (A) to the widest possible audience appro15 priate to be served by the programming; and

16 (B) by the most appropriate distribution

17 technologies.

18 ‘‘(b) ELIGIBLE ENTITIES.—To be eligible to receive a

19 grant under subsection (a), an entity shall be—

20 ‘‘(1) a public telecommunications entity that is

21 able to demonstrate a capacity for the development

22 and national distribution of educational and instruc23 tional television programming of high quality for pre24 school and elementary school children;
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1 ‘‘(2) able to demonstrate a capacity to contract

2 with the producers of children’s television program3 ming for the purpose of developing educational tele4 vision programming of high quality for preschool and

5 elementary school children; and

6 ‘‘(3) able to demonstrate a capacity to localize

7 programming and materials to meet specific State

8 and local needs and provide educational outreach at

9 the local level.

10 ‘‘(c) CULTURAL EXPERIENCES.—Programming devel11 oped under this section shall reflect the recognition of rural

12 and urban cultural and ethnic diversity of the Nation’s

13 children and the needs of both boys and girls in preparing

14 young children for success in school.

15 ‘‘SEC. 11204. DUTIES OF SECRETARY.

16 ‘‘The Secretary is authorized—

17 ‘‘(1) to award grants to eligible entities described

18 in section 11203(b), local public television stations, or

19 such public television stations that are part of a con20 sortium with 1 or more State educational agencies,

21 local educational agencies, local schools, institutions

22 of higher education, or community-based organiza23 tions of demonstrated effectiveness, for the purpose

24 of—
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1 ‘‘(A) addressing the learning needs of young

2 children in limited English proficient house3 holds, and developing appropriate educational

4 and television programming to foster the school

5 readiness of such children;

6 ‘‘(B) developing programming and support

7 materials to increase family literacy skills

8 among parents to assist parents in teaching their

9 children and utilizing educational television pro10 gramming to promote school readiness; and

11 ‘‘(C) identifying, supporting, and enhanc12 ing the effective use and outreach of innovative

13 programs that promote school readiness;

14 ‘‘(D) developing and disseminating edu15 cation and training materials, including—

16 ‘‘(i) interactive programs and pro17 grams adaptable to distance learning tech18 nologies that are designed to enhance knowl19 edge of children’s social and cognitive skill

20 development and positive adult-child inter21 actions;

22 ‘‘(ii) teacher training and professional

23 development to ensure qualified caregivers;

24 and
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1 ‘‘(iii) support materials to promote the

2 effective use of materials developed under

3 subparagraph (B) among parents, Head

4 Start providers, in-home and center-based

5 daycare providers, early childhood develop6 ment personnel, elementary school teachers,

7 public libraries, and after-school program

8 personnel caring for preschool and elemen9 tary school children; and

10 ‘‘(E) distributing books to low-income indi11 viduals to leverage high-quality television pro12 gramming;

13 ‘‘(2) to establish within the Department a clear14 inghouse to compile and provide information, refer15 rals, and model program materials and programming

16 obtained or developed under this subpart to parents,

17 child care providers, and other appropriate individ18 uals or entities to assist such individuals and entities

19 in accessing programs and projects under this sub20 part; and

21 ‘‘(3) to coordinate activities assisted under this

22 subpart with the Secretary of Health and Human

23 Services in order to—

24 ‘‘(A) maximize the utilization of quality

25 educational programming by preschool and ele-
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1 mentary school children, and make such pro2 gramming widely available to federally funded

3 programs serving such populations; and

4 ‘‘(B) provide information to recipients of

5 funds under Federal programs that have major

6 training components for early childhood develop7 ment, including programs under the Head Start

8 Act and Even Start, and State training activi9 ties funded under the Child Care Development

10 Block Grant Act of 1990, regarding the avail11 ability and utilization of materials developed

12 under paragraph (1)(D) to enhance parent and

13 child care provider skills in early childhood de14 velopment and education.

15 ‘‘SEC. 11205. APPLICATIONS.

16 ‘‘Each entity desiring a grant under section 11202 or

17 11204 shall submit an application to the Secretary at such

18 time, in such manner, and accompanied by such informa19 tion as the Secretary may reasonably require.

20 ‘‘SEC. 11206. REPORTS AND EVALUATION.

21 ‘‘(a) ANNUAL REPORT TO SECRETARY.—An eligible

22 entity receiving funds under section 11202 shall prepare

23 and submit to the Secretary an annual report which con24 tains such information as the Secretary may require. At

25 a minimum, the report shall describe the program activities
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1 undertaken with funds received under section 11202,

2 including—

3 ‘‘(1) the programming that has been developed

4 directly or indirectly by the eligible entity, and the

5 target population of the programs developed;

6 ‘‘(2) the support materials that have been devel7 oped to accompany the programming, and the method

8 by which such materials are distributed to consumers

9 and users of the programming;

10 ‘‘(3) the means by which programming developed

11 under this section has been distributed, including the

12 distance learning technologies that have been utilized

13 to make programming available and the geographic

14 distribution achieved through such technologies; and

15 ‘‘(4) the initiatives undertaken by the eligible en16 tity to develop public-private partnerships to secure

17 non-Federal support for the development, distribution,

18 and broadcast of educational and instructional pro19 gramming.

20 ‘‘(b) REPORT TO CONGRESS.—The Secretary shall pre21 pare and submit to the relevant committees of Congress a

22 biannual report which includes—

23 ‘‘(1) a summary of activities assisted under sec24 tion 11203(a); and
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1 ‘‘(2) a description of the training materials

2 made available under section 11204(1)(D), the man3 ner in which outreach has been conducted to inform

4 parents 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. 11207. ADMINISTRATIVE COSTS.

9 ‘‘With respect to the implementation of section 11203,

10 eligible entities receiving a grant from the Secretary may

11 use not more than 5 percent of the amounts received under

12 such section for the normal and customary expenses of ad13 ministering the grant.

14 ‘‘SEC. 11208. DEFINITION.

15 ‘‘For the purposes of this subpart, the term ‘distance

16 learning’ means the transmission of educational or instruc17 tional programming to geographically dispersed individ18 uals and groups via telecommunications.

19 ‘‘SEC. 11209. AUTHORIZATION OF APPROPRIATIONS.

20 ‘‘(a) IN GENERAL.—There are authorized to be appro21 priated to carry out this subpart, $50,000,000 for fiscal

22 year 2002, and such sums as may be necessary for each

23 of the 6 succeeding fiscal years.
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1 ‘‘(b) FUNDING RULE.—Not less than 60 percent of the

2 amounts appropriated under subsection (a) for each fiscal

3 year shall be used to carry out section 11203.

4 ‘‘Subpart 2—Ready to Teach

5 ‘‘SEC. 11251. FINDINGS.

6 ‘‘Congress makes the following findings:

7 ‘‘(1) Since 1995, the Telecommunications Dem8 onstration Project for Mathematics (as established

9 under this part pursuant to the Improving America’s

10 Schools Act of 1994) has allowed the Public Broad11 casting Service to pioneer and refine a new model of

12 teacher professional development for kindergarten

13 through grade 12 teachers. Video modeling of stand14 ards-based lessons, combined with professionally fa15 cilitated online learning communities of teachers has

16 been proven to help mathematics teachers adopt and

17 implement standards-based practices. This integrated,

18 self-paced approach breaks down the isolation of class19 room teaching while making standards-based best

20 practices available to all participants.

21 ‘‘(2) More than 5,800 teachers have participated

22 over the last 3 years in the demonstration. These

23 teachers have taught more than 1,500,000 students cu24 mulatively.
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1 ‘‘(3) Independent evaluations indicate that

2 teaching improves and students benefit as a result of

3 the program.

4 ‘‘(4) The demonstration program should be ex5 panded to reach more teachers in more subject areas

6 under the title of Teacherline. The Teacherline Pro7 gram will link the digitized public broadcasting in8 frastructure with education networks by working with

9 the program’s digital membership, and Federal and

10 State agencies, to expand and build upon the success11 ful model and take advantage of greatly expanded ac12 cess to the Internet and technology in schools, includ13 ing digital television. The Teacherline Program will

14 leverage the Public Broadcasting Service’s historic re15 lationships with higher education to improve

16 preservice teacher training.

17 ‘‘(5) Over the past several years tremendous

18 progress has been made in wiring classrooms, equip19 ping the classrooms with multimedia computers, and

20 connecting the classrooms to the Internet.

21 ‘‘(6) There is a great need for high quality, cur22 riculum-based digital content for teachers and stu23 dents to easily access and use in order to meet State

24 and local standards for student performance.
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1 ‘‘(7) The congressionally appointed Web-based

2 Education Commission called for the development of

3 high quality public-private online educational content

4 that meets the highest standards of educational excel5 lence.

6 ‘‘(8) Most local public television stations and

7 State networks provide high-quality video programs,

8 and teacher professional development, as a part of

9 their mission to serve local schools. Programs distrib10 uted by public broadcast stations are used by more

11 classroom teachers than any other because of their

12 high quality and relevance to the curriculum.

13 ‘‘(9) Digital broadcasting can dramatically in14 crease and improve the types of services public broad15 casting stations can offer kindergarten through grade

16 12 schools.

17 ‘‘SEC. 11252. PROJECT AUTHORIZED.

18 ‘‘(a) GRANTS AUTHORIZED.—The Secretary is author19 ized to make grants to a nonprofit telecommunications enti20 ty, or partnership of such entities, for the purpose of car21 rying out a national telecommunications-based program to

22 improve teaching in core curriculum areas. The program

23 shall be designed to assist elementary school and secondary

24 school teachers in preparing all students for achieving State

25 and local content standards in core curriculum areas.
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1 ‘‘(b) PROGRAMMING.—The Secretary is also authorized

2 to award grants to eligible entities described in section

3 11254(b) to develop, produce, and distribute innovative edu4 cational and instructional video programming that is de5 signed for use by kindergarten through grade 12 schools and

6 based on State and local standards. In making the grants,

7 the Secretary shall ensure that eligible entities enter into

8 multiyear content development collaborative arrangements

9 with State educational agencies, local educational agencies,

10 institutions of higher education, businesses, or other agen11 cies and organizations.

12 ‘‘SEC. 11253. APPLICATION REQUIRED.

13 ‘‘(a) IN GENERAL.—Each nonprofit telecommuni14 cations entity, or partnership of such entities, desiring a

15 grant under section 11252(a) shall submit an application

16 to the Secretary. Each such application shall—

17 ‘‘(1) demonstrate that the applicant will use the

18 public broadcasting infrastructure and school digital

19 networks, where available, to deliver video and data

20 in an integrated service to train teachers in the use

21 of standards-based curricula materials and learning

22 technologies;

23 ‘‘(2) ensure that the project for which assistance

24 is sought will be conducted in cooperation with ap25 propriate State educational agencies, local edu-
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1 cational agencies, national, State or local nonprofit

2 public telecommunications entities, and national edu3 cation professional associations that have developed

4 content standards in the subject areas;

5 ‘‘(3) ensure that a significant portion of the ben6 efits available for elementary schools and secondary

7 schools from the project for which assistance is sought

8 will be available to schools of local educational agen9 cies which have a high percentage of children counted

10 for the purpose of part A of title I; and

11 ‘‘(4) contain such additional assurances as the

12 Secretary may reasonably require.

13 ‘‘(b) SITES.—In approving applications under section

14 11252(a), the Secretary shall ensure that the program au15 thorized by section 11252(a) is conducted at elementary

16 school and secondary school sites across the Nation.

17 ‘‘(c) APPLICATION.—Each eligible entity desiring a

18 grant under section 11252(b) shall submit an application

19 to the Secretary at such time, in such manner, and accom20 panied by such information as the Secretary may reason21 ably require.

22 ‘‘SEC. 11254. REPORTS AND EVALUATION.

23 ‘‘An eligible entity receiving funds under section

24 11252(a) shall prepare and submit to the Secretary an an25 nual report which contains such information as the Sec-
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1 retary may require. At a minimum, the report shall de2 scribed the program activities undertaken with funds re3 ceived under section 11252(a), including—

4 ‘‘(1) the core curriculum areas for which pro5 gram activities have been undertaken and the number

6 of teachers using the program in each core curriculum

7 area; and

8 ‘‘(2) the States in which teachers using the pro9 gram are located.

10 ‘‘SEC. 11255. EDUCATIONAL PROGRAMMING.

11 ‘‘(a) AWARDS.—The Secretary shall award grants

12 under section 11252(b) to eligible entities to facilitate the

13 development of educational programming that shall—

14 ‘‘(1) include student assessment tools to give feed15 back on student performance;

16 ‘‘(2) include built-in teacher utilization and sup17 port components to ensure that teachers understand

18 and can easily use the content of the programming

19 with group instruction or for individual student use;

20 ‘‘(3) be created for, or adaptable to, State and

21 local content standards; and

22 ‘‘(4) be capable of distribution through digital

23 broadcasting and school digital networks.

24 ‘‘(b) ELIGIBLE ENTITIES.—To be eligible to receive a

25 grant under section 11252(b), an entity shall be a local pub-
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1 lic telecommunications entity as defined by section 397(12)

2 of the Communications Act of 1934 that is able to dem3 onstrate a capacity for the development and distribution

4 of educational and instructional television programming of

5 high quality.

6 ‘‘(c) COMPETITIVE BASIS.—Grants under section

7 11252(b) shall be awarded on a competitive basis as deter8 mined by the Secretary.

9 ‘‘(d) DURATION.—Each grant under section 11252(b)

10 shall be awarded for a period of 3 years in order to allow

11 time for the creation of a substantial body of significant

12 content.

13 ‘‘SEC. 11256. MATCHING REQUIREMENT.

14 ‘‘Each eligible entity desiring a grant under section

15 11252(b) shall contribute to the activities assisted under sec16 tion 11252(b) non-Federal matching funds equal to not less

17 than 100 percent of the amount of the grant. Matching

18 funds may include funds provided for the transition to dig19 ital broadcasting, as well as in-kind contributions.

20 ‘‘SEC. 11257. ADMINISTRATIVE COSTS.

21 ‘‘With respect to the implementation of section

22 11252(b), entities receiving a grant from the Secretary may

23 use not more than 5 percent of the amounts received under

24 the grant for the normal and customary expenses of admin25 istering the grant.
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1 ‘‘SEC. 11258. AUTHORIZATION OF APPROPRIATIONS; FUND2 ING RULES.

3 ‘‘(a) IN GENERAL.—There are authorized to be appro4 priated to carry out this subpart, $45,000,000 for the fiscal

5 year 2002, and such sums as may be necessary for each

6 of the 6 succeeding fiscal years.

7 ‘‘(b) FUNDING RULE.—For any fiscal year in which

8 appropriations for section 11252 exceed the amount appro9 priated for such section for the preceding fiscal year, the

10 Secretary shall only award the amount of such excess minus

11 at least $500,000 to applicants under section 11252(b).

12 ‘‘PART D—EDUCATION FOR DEMOCRACY

13 ‘‘SEC. 11301. SHORT TITLE.

14 ‘‘This part may be cited as the ‘Education for Democ15 racy Act’.

16 ‘‘SEC. 11302. FINDINGS.

17 ‘‘Congress finds that—

18 ‘‘(1) college freshmen surveyed in 1999 by the

19 Higher Education Research Institute at the Univer20 sity of California at Los Angeles demonstrated higher

21 levels of disengagement, both academically and politi22 cally, than any previous entering class of students;

23 ‘‘(2) college freshmen in 1999 demonstrated the

24 lowest levels of political interest in the 20-year history

25 of surveys conducted by the Higher Education Re-
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1 search Institute at the University of California at Los

2 Angeles;

3 ‘‘(3) United States secondary school students ex4 pressed relatively low levels of interest in politics and

5 economics in a 1999 Harris survey;

6 ‘‘(4) the 32d Annual Phi Delta Kappa/Gallup

7 Poll of 2000 indicated that preparing students to be8 come responsible citizens was the most important pur9 pose of public schools;

10 ‘‘(5) Americans surveyed by the Organization of

11 Economic Cooperation and Development indicated

12 that only 59 percent had confidence that schools have

13 a major effect on the development of good citizenship;

14 ‘‘(6) teachers too often do not have sufficient ex15 pertise in the subjects that they teach, and half of all

16 secondary school history students in America are

17 being taught by teachers with neither a major nor a

18 minor in history;

19 ‘‘(7) secondary school students correctly answered

20 less than half of the questions on a national test of

21 economic knowledge in a 1999 Harris survey;

22 ‘‘(8) the 1998 National Assessment of Edu23 cational Progress indicated that students have only

24 superficial knowledge of, and lacked a depth of under25 standing regarding, civics;
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1 ‘‘(9) civic and economic education are important

2 not only to developing citizenship competencies in the

3 United States but also are critical to supporting po4 litical stability and economic health in other democ5 racies, particularly emerging democratic market

6 economies;

7 ‘‘(10) more than three quarters of Americans

8 surveyed by the National Constitution Center in 1997

9 admitted that they knew only some or very little

10 about the Constitution of the United States; and

11 ‘‘(11) the Constitution of the United States is too

12 often viewed within the context of history and not as

13 a living document that shapes current events.

14 ‘‘SEC. 11303. PURPOSE.

15 ‘‘It is the purpose of this part—

16 ‘‘(1) to improve the quality of civics and govern17 ment education by educating students about the his18 tory and principles of the Constitution of the United

19 States, including the Bill of Rights;

20 ‘‘(2) to foster civic competence and responsi21 bility; and

22 ‘‘(3) to improve the quality of civic education

23 and economic education through cooperative civic

24 education and economic education exchange programs

25 with emerging democracies.
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1 ‘‘SEC. 11304. GENERAL AUTHORITY.

2 ‘‘(a) GRANTS AND CONTRACTS.—

3 ‘‘(1) IN GENERAL.—The Secretary is authorized

4 to award grants to or enter into contracts with—

5 ‘‘(A) the Center for Civic Education to

6 carry out civic education activities under sec7 tions 11305 and 11306; and

8 ‘‘(B) the National Council on Economic

9 Education to carry out economic education ac10 tivities under section 11306.

11 ‘‘(2) CONSULTATION.—The Secretary shall

12 award the grants and contracts under this part in

13 consultation with the Secretary of State.

14 ‘‘(b) DISTRIBUTION.—The Secretary shall use not more

15 than 50 percent of the amount appropriated under section

16 11307(b) for each fiscal year to carry out economic edu17 cation activities under section 11306.

18 ‘‘SEC. 11305. WE THE PEOPLE PROGRAM.

19 ‘‘(a) THE CITIZEN AND THE CONSTITUTION.—

20 ‘‘(1) IN GENERAL.—The Center for Civic Edu21 cation shall use funds awarded under section

22 11304(a)(1)(A) to carry out The Citizen and the Con23 stitution program in accordance with this subsection.

24 ‘‘(2) EDUCATIONAL ACTIVITIES.—The Citizen

25 and the Constitution program—
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1 ‘‘(A) shall continue and expand the edu2 cational activities of the ‘We the

3 People... The Citizen and the Constitution’

4 program administered by the Center for Civic

5 Education;

6 ‘‘(B) shall enhance student attainment of

7 challenging content standards in civics and gov8 ernment;

9 ‘‘(C) shall provide a course of instruction on

10 the basic principles of our Nation’s constitu11 tional democracy and the history of the Constitu12 tion of the United States and the Bill of Rights;

13 ‘‘(D) shall provide, at the request of a par14 ticipating school, school and community simu15 lated congressional hearings following the course

16 of study;

17 ‘‘(E) shall provide an annual national com18 petition of simulated congressional hearings for

19 secondary school students who wish to partici20 pate in such a program; and

21 ‘‘(F) shall provide—

22 ‘‘(i) advanced sustained and ongoing

23 training of teachers about the Constitution

24 of the United States and the political sys25 tem the United States created;
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1 ‘‘(ii) materials and methods of instruc2 tion, including teacher training, that utilize

3 the latest advancements in educational tech4 nology; and

5 ‘‘(iii) civic education materials and

6 services to address specific problems such as

7 the prevention of school violence and the

8 abuse of drugs and alcohol.

9 ‘‘(3) AVAILABILITY OF PROGRAM.—The education

10 program authorized under this subsection shall be

11 made available to public and private elementary

12 schools and secondary schools, including Bureau

13 funded schools, in the 435 congressional districts, and

14 in the District of Columbia, the Commonwealth of

15 Puerto Rico, the United States Virgin Islands, Guam,

16 American Samoa, and the Commonwealth of the

17 Northern Mariana Islands.

18 ‘‘(b) PROJECT CITIZEN.—

19 ‘‘(1) IN GENERAL.—The Center for Civic Edu20 cation shall use funds awarded under section

21 11304(a)(1)(A) to carry out The Project Citizen pro22 gram in accordance with this subsection.

23 ‘‘(2) EDUCATIONAL ACTIVITIES.—The Project

24 Citizen program—
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1 ‘‘(A) shall continue and expand the edu2 cational activities of the ‘We the

3 People... Project Citizen’ program adminis4 tered by the Center for Civic Education;

5 ‘‘(B) shall enhance student attainment of

6 challenging content standards in civics and gov7 ernment;

8 ‘‘(C) shall provide a course of instruction at

9 the middle school level on the roles of State and

10 local governments in the Federal system estab11 lished by the Constitution of the United States;

12 ‘‘(D) shall provide an annual national

13 showcase or competition; and

14 ‘‘(E) shall provide—

15 ‘‘(i) optional school and community

16 simulated State legislative hearings;

17 ‘‘(ii) advanced sustained and ongoing

18 training of teachers on the roles of State

19 and local governments in the Federal system

20 established by the Constitution of the United

21 States;

22 ‘‘(iii) materials and methods of in23 struction, including teacher training, that

24 utilize the latest advancements in edu25 cational technology; and
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1 ‘‘(iv) civic education materials and

2 services to address specific problems such as

3 the prevention of school violence and the

4 abuse of drugs and alcohol.

5 ‘‘(3) AVAILABILITY OF PROGRAM.—The education

6 program authorized under this subsection shall be

7 made available to public and private middle schools,

8 including Bureau funded schools, in the 50 States of

9 the United States, the District of Columbia, the Com10 monwealth of Puerto Rico, the United States Virgin

11 Islands, Guam, American Samoa, and the Common12 wealth of the Northern Mariana Islands.

13 ‘‘(c) DEFINITION OF BUREAU FUNDED SCHOOL.—In

14 this section, the term ‘Bureau funded school’ has the mean15 ing given the term in section 1146 of the Education Amend16 ments of 1978.

17 ‘‘SEC. 11306. COOPERATIVE CIVIC EDUCATION AND ECO18 NOMIC EDUCATION EXCHANGE PROGRAMS.

19 ‘‘(a) COOPERATIVE EDUCATION EXCHANGE PRO20 GRAMS.—The Center for Civic Education and the National

21 Council on Economic Education shall use funds awarded

22 under section 11304(a)(1) to carry out Cooperative Edu23 cation Exchange programs in accordance with this section.
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1 ‘‘(b) PURPOSE.—The purpose of the Cooperative Edu2 cation Exchange programs provided under this section shall

3 be to—

4 ‘‘(1) make available to educators from eligible

5 countries exemplary curriculum and teacher training

6 programs in civics and government education, and ec7 onomics education, developed in the United States;

8 ‘‘(2) assist eligible countries in the adaptation,

9 implementation, and institutionalization of such pro10 grams;

11 ‘‘(3) create and implement civics and govern12 ment education, and economic education, programs

13 for students that draw upon the experiences of the

14 participating eligible countries;

15 ‘‘(4) provide a means for the exchange of ideas

16 and experiences in civics and government education,

17 and economic education, among political, edu18 cational, governmental, and private sector leaders of

19 participating eligible countries; and

20 ‘‘(5) provide support for—

21 ‘‘(A) independent research and evaluation

22 to determine the effects of educational programs

23 on students’ development of the knowledge, skills,

24 and traits of character essential for the preserva-
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1 tion and improvement of constitutional democ2 racy; and

3 ‘‘(B) effective participation in and the pres4 ervation and improvement of an efficient market

5 economy.

6 ‘‘(c) AVOIDANCE OF DUPLICATION.—The Secretary

7 shall consult with the Secretary of State to ensure that—

8 ‘‘(1) activities under this section are not duplica9 tive of other efforts in the eligible countries; and

10 ‘‘(2) partner institutions in the eligible countries

11 are creditable.

12 ‘‘(d) ACTIVITIES.—The Cooperative Education Ex13 change programs shall—

14 ‘‘(1) provide eligible countries with—

15 ‘‘(A) seminars on the basic principles of

16 United States constitutional democracy and eco17 nomics, including seminars on the major govern18 mental and economic institutions and systems in

19 the United States, and visits to such institutions;

20 ‘‘(B) visits to school systems, institutions of

21 higher education, and nonprofit organizations

22 conducting exemplary programs in civics and

23 government education, and economic education,

24 in the United States;
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1 ‘‘(C) translations and adaptations regard2 ing United States civic and government edu3 cation, and economic education, curricular pro4 grams for students and teachers, and in the case

5 of training programs for teachers translations

6 and adaptations into forms useful in schools in

7 eligible countries, and joint research projects in

8 such areas; and

9 ‘‘(D) independent research and evaluation

10 assistance to determine—

11 ‘‘(i) the effects of the Cooperative Edu12 cation Exchange programs on students’ de13 velopment of the knowledge, skills, and

14 traits of character essential for the preserva15 tion and improvement of constitutional de16 mocracy; and

17 ‘‘(ii) effective participation in and the

18 preservation and improvement of an effi19 cient market economy;

20 ‘‘(2) provide United States participants with—

21 ‘‘(A) seminars on the histories, economies,

22 and systems of government of eligible countries;

23 ‘‘(B) visits to school systems, institutions of

24 higher education, and organizations conducting

25 exemplary programs in civics and government
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1 education, and economic education, located in el2 igible countries;

3 ‘‘(C) assistance from educators and scholars

4 in eligible countries in the development of cur5 ricular materials on the history, government,

6 and economy of such countries that are useful in

7 United States classrooms;

8 ‘‘(D) opportunities to provide onsite dem9 onstrations of United States curricula and peda10 gogy for educational leaders in eligible countries;

11 and

12 ‘‘(E) independent research and evaluation

13 assistance to determine—

14 ‘‘(i) the effects of the Cooperative Edu15 cation Exchange programs on students’ de16 velopment of the knowledge, skills, and

17 traits of character essential for the preserva18 tion and improvement of constitutional de19 mocracy; and

20 ‘‘(ii) effective participation in and im21 provement of an efficient market economy;

22 and

23 ‘‘(3) assist participants from eligible countries

24 and the United States to participate in conferences on

25 civics and government education, and economic edu-
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1 cation, for educational leaders, teacher trainers, schol2 ars in related disciplines, and educational policy3 makers.

4 ‘‘(e) PARTICIPANTS.—The primary participants in the

5 Cooperative Education Exchange programs assisted under

6 this section shall be educational leaders in the areas of

7 civics and government education, and economic education,

8 including teachers, curriculum and teacher training spe9 cialists, scholars in relevant disciplines, and educational

10 policymakers, and government and private sector leaders

11 from the United States and eligible countries.

12 ‘‘(f) DEFINITION OF ELIGIBLE COUNTRY.—For the

13 purpose of this section, the term ‘eligible country’ means

14 a Central European country, an Eastern European coun15 try, Lithuania, Latvia, Estonia, the independent states of

16 the former Soviet Union as defined in section 3 of the

17 FREEDOM Support Act (22 U.S.C. 5801), and may in18 clude the Republic of Ireland, the province of Northern Ire19 land in the United Kingdom, and any developing country,

20 as defined in section 209(d) of the Education for the Deaf

21 Act, that has a democratic form of government as deter22 mined by the Secretary in consultation with the Secretary

23 of State.
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1 ‘‘SEC. 11307. AUTHORIZATION OF APPROPRIATIONS.

2 ‘‘(a) SECTION 11304.—There are authorized to be ap3 propriated to carry out section 11304, $15,000,000 for fiscal

4 year 2002 and such sums as may be necessary for each of

5 the fiscal years 2003 through 2008.

6 ‘‘(b) SECTION 11305.—There are authorized to be ap7 propriated to carry out section 11305, $12,000,000 for fiscal

8 year 2002, and such sums as may be necessary for each

9 of the fiscal years 2003 through 2008.

10 ‘‘PART E—GIFTED AND TALENTED CHILDREN

11 ‘‘SEC. 11401. SHORT TITLE.

12 ‘‘This part may be cited as the ‘Jacob K. Javits Gifted

13 and Talented Students Education Act of 2001’.

14 ‘‘SEC. 11402. FINDINGS.

15 ‘‘Congress finds the following:

16 ‘‘(1) While the families or communities of some

17 gifted students can provide private programs with ap18 propriately trained staff to supplement public edu19 cational offerings, most high-ability students, espe20 cially those from inner cities, rural communities, or

21 low-income families, must rely on the services and

22 personnel provided by public schools. Therefore, gifted

23 education programs, provided by qualified profes24 sionals in the public schools, are needed to provide

25 equal educational opportunities.
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1 ‘‘(2) Due to the wide dispersal of students who

2 are gifted and talented and the national interest in

3 a well-educated populace, the Federal Government can

4 most effectively and appropriately conduct research

5 and development to provide an infrastructure for, and

6 to ensure that there is, a national capacity to educate

7 students who are gifted and talented to meet the needs

8 of the 21st century.

9 ‘‘(3) State and local educational agencies often

10 lack the specialized resources and trained personnel to

11 consistently plan and implement effective programs

12 for the identification of gifted and talented students

13 and for the provision of educational services and pro14 grams appropriate for their needs.

15 ‘‘(4) Because gifted and talented students gen16 erally are more advanced academically, are able to

17 learn more quickly, and study in more depth and

18 complexity than others their age, their educational

19 needs require opportunities and experiences that are

20 different from those generally available in regular

21 education programs.

22 ‘‘(5) Typical elementary school students who are

23 academically gifted and talented already have mas24 tered 35 to 50 percent of the school year’s content in

25 several subject areas before the year begins. Without
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1 an advanced and challenging curriculum, they often

2 lose their motivation and develop poor study habits

3 that are difficult to break.

4 ‘‘(6) Elementary school and secondary school

5 teachers have students in their classrooms with a wide

6 variety of traits, characteristics, and needs. Most

7 teachers receive some training to meet the needs of

8 these students, such as students with limited English

9 proficiency, students with disabilities, and students

10 from diverse cultural and racial backgrounds. How11 ever, most teachers do not receive training on meeting

12 the needs of students who are gifted and talented.

13 ‘‘SEC. 11403. CONDITIONS ON EFFECTIVENESS OF SUBPART

14 2.

15 ‘‘(a) IN GENERAL.—Subpart 2 shall be in effect only

16 for—

17 ‘‘(1) the first fiscal year for which the amount

18 appropriated to carry out this part equals or exceeds

19 $50,000,000; and

20 ‘‘(2) all succeeding fiscal years.

21 ‘‘Subpart 1—National Research Program

22 ‘‘SEC. 11411. PURPOSE.

23 ‘‘The purpose of this subpart is to initiate a coordi24 nated program of research, demonstration projects, innova25 tive strategies, and similar activities designed to build a
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1 nationwide capability in elementary schools and secondary

2 schools to meet the special educational needs of gifted and

3 talented students.

4 ‘‘SEC. 11412. GRANTS TO MEET EDUCATIONAL NEEDS OF

5 GIFTED AND TALENTED STUDENTS.

6 ‘‘(a) ESTABLISHMENT OF PROGRAM.—

7 ‘‘(1) IN GENERAL.—Subject to section 11403,

8 from the sums available to carry out this subpart in

9 any fiscal year, the Secretary shall make grants to,

10 or enter into contracts with, State educational agen11 cies, local educational agencies, institutions of higher

12 education, other public agencies, and other private

13 agencies and organizations (including Indian tribes

14 and Indian organizations (as such terms are defined

15 in section 4 of the Indian Self-Determination and

16 Education Assistance Act) and Native Hawaiian or17 ganizations) to assist such agencies, institutions, and

18 organizations in carrying out programs or projects

19 authorized by this subpart that are designed to meet

20 the educational needs of gifted and talented students,

21 including the training of personnel in the education

22 of gifted and talented students and in the use, where

23 appropriate, of gifted and talented services, materials,

24 and methods for all students.
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1 ‘‘(2) APPLICATION.—Each entity desiring assist2 ance under this subpart shall submit an application

3 to the Secretary at such time, in such manner, and

4 containing such information as the Secretary may

5 reasonably require. Each such application shall de6 scribe how—

7 ‘‘(A) the proposed gifted and talented serv8 ices, materials, and methods can be adapted, if

9 appropriate, for use by all students; and

10 ‘‘(B) the proposed programs can be evalu11 ated.

12 ‘‘(b) USES OF FUNDS.—Programs and projects as13 sisted under this subpart may include the following:

14 ‘‘(1) Carrying out—

15 ‘‘(A) research on methods and techniques for

16 identifying and teaching gifted and talented stu17 dents, and for using gifted and talented pro18 grams and methods to serve all students; and

19 ‘‘(B) program evaluations, surveys, and the

20 collection, analysis, and development of informa21 tion needed to accomplish the purpose of this

22 subpart.

23 ‘‘(2) Professional development (including fellow24 ships) for personnel (including leadership personnel)
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1 involved in the education of gifted and talented stu2 dents.

3 ‘‘(3) Establishment and operation of model

4 projects and exemplary programs for serving gifted

5 and talented students, including innovative methods

6 for identifying and educating students who may not

7 be served by traditional gifted and talented programs,

8 including summer programs, mentoring programs,

9 service learning programs, and cooperative programs

10 involving business, industry, and education.

11 ‘‘(4) Implementing innovative strategies, such as

12 cooperative learning, peer tutoring, and service learn13 ing.

14 ‘‘(5) Programs of technical assistance and infor15 mation dissemination, including assistance and infor16 mation with respect to how gifted and talented pro17 grams and methods, where appropriate, may be

18 adapted for use by all students.

19 ‘‘SEC. 11413. PROGRAM PRIORITIES.

20 ‘‘(a) GENERAL PRIORITY.—In the administration of

21 this subpart, the Secretary shall give highest priority to

22 programs and projects designed to develop new information

23 that—
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1 ‘‘(1) improves the capability of schools to plan,

2 conduct, and improve programs to identify and serve

3 gifted and talented students; and

4 ‘‘(2) assists schools in the identification of, and

5 provision of services to, gifted and talented students

6 who may not be identified and served through tradi7 tional assessment methods (including economically

8 disadvantaged individuals, individuals of limited

9 English proficiency, and individuals with disabil10 ities).

11 ‘‘(b) SERVICE PRIORITY.—In approving applications

12 for assistance under section 11412(a)(2), the Secretary shall

ensure that in each fiscal year at least 1 13 ⁄2 of the applications

14 approved under such section address the priority described

15 in subsection (a)(2).

16 ‘‘SEC. 11414. CENTER FOR RESEARCH AND DEVELOPMENT.

17 ‘‘(a) IN GENERAL.—The Secretary (after consultation

18 with experts in the field of the education of gifted and tal19 ented students) shall establish a National Research Center

20 in the Education of Gifted and Talented Children and

21 Youth through grants to or contracts with 1 or more institu22 tions of higher education or State educational agencies, or

23 a combination or consortium of such institutions and agen24 cies and other public or private agencies and organizations,
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1 for the purpose of carrying out activities described in sec2 tion 11412.

3 ‘‘(b) DIRECTOR.—Such National Center shall have a

4 Director. The Secretary may authorize the Director to carry

5 out such functions of the National Center as may be agreed

6 upon through arrangements with institutions of higher edu7 cation, State or local educational agencies, or other public

8 or private agencies and organizations.

9 ‘‘(c) FUNDING.—The Secretary may use not more than

10 30 percent of the funds made available under this subpart

11 for any fiscal year to carry out this section.

12 ‘‘SEC. 11415. GENERAL PROVISIONS FOR SUBPART.

13 ‘‘(a) REVIEW, DISSEMINATION, AND EVALUATION.—

14 The Secretary—

15 ‘‘(1) shall use a peer review process in reviewing

16 applications under sections 11415(d) and 11412;

17 ‘‘(2) shall ensure that information on the activi18 ties and results of programs and projects funded

19 under this subpart is disseminated to appropriate

20 State and local educational agencies and other appro21 priate organizations, including nonprofit private or22 ganizations; and

23 ‘‘(3) shall evaluate the effectiveness of programs

24 under this subpart, both in terms of the impact on

25 students traditionally served in separate gifted and
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1 talented programs and on other students, and submit

2 the results of such evaluation to Congress not later

3 than 2 years after the date of enactment of the Better

4 Education for Students and Teachers Act.

5 ‘‘(b) PROGRAM OPERATIONS.—The Secretary shall en6 sure that the programs under this subpart are administered

7 within the Department by a person who has recognized pro8 fessional qualifications and experience in the field of the

9 education of gifted and talented students and who—

10 ‘‘(1) shall serve as a focal point of national lead11 ership and information on the educational needs of

12 gifted and talented students and the availability of

13 educational services and programs designed to meet

14 such needs;

15 ‘‘(2) shall assist the Assistant Secretary of the

16 Office of Educational Research and Improvement in

17 identifying research priorities which reflect the needs

18 of gifted and talented students; and

19 ‘‘(3) shall disseminate and consult on the infor20 mation developed under this subpart with other offices

21 within the Department.

22 ‘‘(c) COORDINATION.—Research activities supported

23 under this subpart—

24 ‘‘(1) shall be carried out in consultation with the

25 Office of Educational Research and Improvement to
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1 ensure that such activities are coordinated with and

2 enhance the research and development activities sup3 ported by such Office; and

4 ‘‘(2) may include collaborative research activities

5 which are jointly funded and carried out with such

6 Office.

7 ‘‘(d) GRANTS TO STATE EDUCATIONAL AGENCIES FOR

8 AUTHORIZED ACTIVITIES.—

9 ‘‘(1) IN GENERAL.—For fiscal year 2002 and

10 succeeding fiscal years, the Secretary shall use the ex11 cess amount of funds under subpart 1 to award

12 grants, on a competitive basis, to State educational

13 agencies to begin implementing activities described in

14 section 11422(b).

15 ‘‘(2) EXCESS AMOUNT.—For purposes of para16 graph (1), the excess amount described in this sub17 section is the amount (if any) by which the funds ap18 propriated to carry out this subpart for the fiscal

19 year exceed such funds appropriated for fiscal year

20 2001.

21 ‘‘(3) APPLICATION.—Each State educational

22 agency desiring a grant under this section shall sub23 mit an application to the Secretary that contains the

24 assurances described in section 11424(b), with respect

25 to the implementing activities.
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1 ‘‘Subpart 2—Formula Grant Program

2 ‘‘SEC. 11421. PURPOSE.

3 ‘‘The purpose of this subpart is to provide grants to

4 States to support programs, teacher preparation, and other

5 services designed to meet the needs of the Nation’s gifted

6 and talented students in elementary schools and secondary

7 schools.

8 ‘‘SEC. 11422. ESTABLISHMENT OF PROGRAM; USE OF FUNDS.

9 ‘‘(a) IN GENERAL.—In the case of each State that in

10 accordance with section 11424 submits to the Secretary an

11 application for a fiscal year, subject to section 11403, the

12 Secretary shall make a grant for the fiscal year to the State

13 for the uses specified in subsection (b). The grant shall con14 sist of the allotment determined for the State under section

15 11423.

16 ‘‘(b) AUTHORIZED ACTIVITIES.—Each State receiving

17 a grant under this subpart shall use the funds provided

18 under the grant to assist local educational agencies in the

19 State to develop or expand gifted and talented education

20 programs through 1 or more of the following activities:

21 ‘‘(1) Development and implementation of pro22 grams to address State and local needs for in-service

23 training programs for general educators, specialists

24 in gifted and talented education, administrators, or

25 other personnel at the elementary school and sec26 ondary school levels.
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1 ‘‘(2) Making materials and services available

2 through State regional educational service centers, in3 stitutions of higher education, or other entities.

4 ‘‘(3) Supporting innovative approaches and cur5 ricula used by local educational agencies (or consortia

6 of such agencies) or schools (or consortia of schools).

7 ‘‘(4) Providing funds for challenging, high-level

8 course work, disseminated through new and emerging

9 technologies (including distance learning), for indi10 vidual students or groups of students in schools and

11 local educational agencies that do not have the re12 sources otherwise to provide such course work.

13 ‘‘(c) COMPETITIVE PROCESS.—Funds provided under

14 this subpart shall be distributed to local educational agen15 cies through a competitive process that results in an equi16 table distribution by geographic area within the State.

17 ‘‘(d) LIMITATIONS ON USE OF FUNDS.—

18 ‘‘(1) COURSE WORK PROVIDED THROUGH

19 EMERGING TECHNOLOGIES.—Activities under sub20 section (b)(4) may include development of curriculum

21 packages, compensation of distance-learning edu22 cators, or other relevant activities, but funds provided

23 under this subpart may not be used for the purchase

24 or upgrading of technological hardware.

25 ‘‘(2) STATE USE OF FUNDS.—
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1 ‘‘(A) IN GENERAL.—A State educational

2 agency receiving a grant under this subpart may

3 not use more than 10 percent of the grant funds

4 for—

5 ‘‘(i) dissemination of general program

6 information;

7 ‘‘(ii) providing technical assistance

8 under this subpart;

9 ‘‘(iii) monitoring and evaluation of

10 programs and activities assisted under this

11 subpart;

12 ‘‘(iv) providing support for parental

13 education; and

14 ‘‘(v) creating a State gifted education

15 advisory board.

16 ‘‘(B) ADMINISTRATIVE COSTS.—A State

17 educational agency may use not more than 50

18 percent of the funds made available to the State

19 educational agency under subparagraph (A) for

20 administrative costs.

21 ‘‘(C) EDUCATION, INFORMATION, AND SUP22 PORT.—A State educational agency receiving a

23 grant under this subpart may use not more than

24 2 percent of the grant funds to provide informa25 tion, education, and support to parents and
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1 caregivers of gifted and talented children to en2 hance their ability to participate in decisions re3 garding their children’s educational programs.

4 Such education, information, and support shall

5 be developed and carried out by parents and

6 caregivers or by parents and caregivers in part7 nership with the State.

8 ‘‘SEC. 11423. ALLOTMENTS TO STATES.

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

10 made available to carry out this subpart for any fiscal year,

the Secretary shall reserve 1 11 ⁄2 of 1 percent for the Secretary

12 of the Interior for programs under this subpart for teachers,

13 other staff, and administrators in schools operated or fund14 ed by the Bureau of Indian Affairs.

15 ‘‘(b) STATE ALLOTMENTS.—

16 ‘‘(1) IN GENERAL.—Except as provided in para17 graph (2), the Secretary shall allot the total amount

18 made available to carry out this subpart for any fis19 cal year and not reserved under subsection (a) to the

20 50 States, the District of Columbia, and the Common21 wealth of Puerto Rico on the basis of their relative

22 populations of individuals aged 5 through 17, as de23 termined by the Secretary on the basis of the most re24 cent satisfactory data.
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1 ‘‘(2) MINIMUM GRANT AMOUNT.—No State re2 ceiving an allotment under paragraph (1) may receive less than 1 3 ⁄2 of 1 percent of the total amount al4 lotted under such paragraph.

5 ‘‘(c) REALLOTMENT.—If any State does not apply for

6 an allotment under this section for any fiscal year, the Sec7 retary shall reallot such amount to the remaining States

8 in accordance with this section.

9 ‘‘SEC. 11424. STATE APPLICATION.

10 ‘‘(a) IN GENERAL.—To be eligible to receive a grant

11 under this subpart, a State educational agency shall submit

12 an application to the Secretary at such time, in such man13 ner, and containing such information as the Secretary may

14 reasonably require.

15 ‘‘(b) CONTENTS.—Each application under this section

16 shall include assurances that—

17 ‘‘(1) funds received under this subpart will be

18 used to support gifted and talented students in public

19 schools and public charter schools, including students

20 from all economic, ethnic, and racial backgrounds,

21 students of limited English proficiency, students with

22 disabilities, and highly gifted students;

23 ‘‘(2) the funds not retained by the State edu24 cational agency shall be used for the purpose of mak-
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1 ing, in accordance with this subpart and on a com2 petitive basis, grants to local educational agencies;

3 ‘‘(3) funds received under this subpart shall be

4 used only to supplement, but not supplant, the

5 amount of State and local funds expended for special6 ized education and related services provided for the

7 education of gifted and talented students;

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

9 matching funds for the activities to be assisted under

10 this subpart in an amount equal to not less than 20

11 percent of the grant funds to be received; and

12 ‘‘(5) the State educational agency shall develop

13 and implement program assessment models to ensure

14 program accountability and to evaluate educational

15 effectiveness.

16 ‘‘(c) APPROVAL.—To the extent funds are made avail17 able for this subpart, the Secretary shall approve an appli18 cation of a State if such application meets the requirements

19 of this section.

20 ‘‘SEC. 11425. DISTRIBUTION TO LOCAL EDUCATIONAL AGEN21 CIES.

22 ‘‘(a) GRANT COMPETITION.—A State educational

23 agency shall use not less than 88 percent of the funds made

24 available to the State educational agency under this subpart

25 to award grants, on a competitive basis, to local educational
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1 agencies (including consortia of local educational agencies)

2 to support programs, classes, and other services designed to

3 meet the needs of gifted and talented students.

4 ‘‘(b) SIZE OF GRANT.—A State educational agency

5 shall award a grant under subsection (a) for any fiscal year

6 in an amount sufficient to meet the needs of the students

7 to be served under the grant.

8 ‘‘SEC. 11426. LOCAL APPLICATIONS.

9 ‘‘(a) APPLICATION.—To be eligible to receive a grant

10 under this subpart, a local educational agency (including

11 a consortium of local educational agencies) shall submit an

12 application to the State educational agency.

13 ‘‘(b) CONTENTS.—Each such application shall

14 include—

15 ‘‘(1) an assurance that the funds received under

16 this subpart will be used to identify and support gift17 ed and talented students, including gifted and tal18 ented students from all economic, ethnic, and racial

19 backgrounds, such students of limited English pro20 ficiency, and such students with disabilities;

21 ‘‘(2) a description of how the local educational

22 agency will meet the educational needs of gifted and

23 talented students, including the training of personnel

24 in the education of gifted and talented students; and
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1 ‘‘(3) an assurance that funds received under this

2 subpart will be used to supplement, not supplant, the

3 amount of funds the local educational agency expends

4 for the education of, and related services for, gifted

5 and talented students.

6 ‘‘SEC. 11427. ANNUAL REPORTING.

7 ‘‘Beginning 1 year after the date of enactment of the

8 Better Education for Students and Teachers Act and for

9 each subsequent year thereafter, the State educational agen10 cy shall submit an annual report to the Secretary that de11 scribes the number of students served and the activities sup12 ported with funds provided under this subpart. The report

13 shall include a description of the measures taken to comply

14 with paragraphs (1) and (4) of section 11424(b).

15 ‘‘Subpart 3—General Provisions

16 ‘‘SEC. 11431. CONSTRUCTION.

17 ‘‘Nothing in this subpart shall be construed to prohibit

18 a recipient of funds under this subpart from serving gifted

19 and talented students simultaneously with students with

20 similar educational needs, in the same educational settings

21 where appropriate.

22 ‘‘SEC. 11432. PARTICIPATION OF PRIVATE SCHOOL CHIL23 DREN AND TEACHERS.

24 ‘‘In making grants and entering into contracts under

25 this subpart, the Secretary shall ensure, where appropriate,
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1 that provision is made for the equitable participation of

2 students and teachers in private nonprofit elementary

3 schools and secondary schools, including the participation

4 of teachers and other personnel in professional development

5 programs serving such children.

6 ‘‘SEC. 11433. DEFINITIONS.

7 ‘‘For purposes of this subpart:

8 ‘‘(1) GIFTED AND TALENTED.—

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

10 subparagraph (B), the term ‘gifted and talented’

11 when used with respect to a person or

12 program—

13 ‘‘(i) has the meaning given the term

14 under applicable State law; or

15 ‘‘(ii) in the case of a State that does

16 not have a State law defining the term, has

17 the meaning given such term by definition

18 of the State educational agency or local edu19 cational agency involved.

20 ‘‘(B) SPECIAL RULE.—In the case of a State

21 that does not have a State law that defines the

22 term, and the State educational agency or local

23 educational agency has not defined the term, the

24 term has the meaning given the term in section

25 3.
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1 ‘‘(2) STATE.—The term ‘State’ means each of the

2 50 States, the District of Columbia, and the Common3 wealth of Puerto Rico.

4 ‘‘SEC. 11434. AUTHORIZATION OF APPROPRIATIONS.

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

6 this subpart $170,000,000 for each of fiscal years 2002

7 through 2008.

8 ‘‘PART F—LOCAL INNOVATIONS FOR EDUCATION

9 (LIFE) FUND

10 ‘‘Subpart 1—Fund for the Improvement of Education

11 ‘‘SEC. 11501. FUND FOR THE IMPROVEMENT OF EDUCATION.

12 ‘‘(a) FUNDS AUTHORIZED.—From funds appropriated

13 under subpart 9, the Secretary is authorized to support na14 tionally significant programs and projects to improve the

15 quality of education, assist all students to meet challenging

16 State content standards and challenging State student per17 formance standards, and carry out activities to raise stand18 ards and expectations for academic achievement among all

19 students, especially disadvantaged students traditionally

20 underserved in schools. The Secretary is authorized to carry

21 out such programs and projects directly or through grants

22 to, or contracts with, State and local educational agencies,

23 institutions of higher education, and other public and pri24 vate agencies, organizations, and institutions.
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1 ‘‘(b) USES OF FUNDS.—Funds under this section may

2 be used for—

3 ‘‘(1) joint efforts with other agencies and commu4 nity organizations, including activities related to im5 proving the transition from preschool to school and

6 from school to work, as well as activities related to the

7 integration of educational, recreational, cultural,

8 health and social services programs within a local

9 community;

10 ‘‘(2) activities to promote and evaluate coun11 seling and mentoring for students, including

12 intergenerational mentoring;

13 ‘‘(3) activities to promote and evaluate coordi14 nated student support services;

15 ‘‘(4) activities to promote comprehensive health

16 education;

17 ‘‘(5) activities to promote environmental edu18 cation;

19 ‘‘(6) activities to promote consumer, economic,

20 and personal finance education, such as saving, in21 vesting, and entrepreneurial education;

22 ‘‘(7) studies and evaluation of various education

23 reform strategies and innovations being pursued by

24 the Federal Government, States, and local educational

25 agencies;
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1 ‘‘(8) the identification and recognition of exem2 plary schools and programs, such as Blue Ribbon

3 Schools;

4 ‘‘(9) programs designed to promote gender equity

5 in education by evaluating and eliminating gender

6 bias in instruction and educational materials, identi7 fying, and analyzing gender inequities in educational

8 practices, and implementing and evaluating edu9 cational policies and practices designed to achieve

10 gender equity;

11 ‘‘(10) programs designed to encourage parents to

12 participate in school activities;

13 ‘‘(11) experiential-based learning, such as serv14 ice-learning;

15 ‘‘(12) developing, adapting, or expanding exist16 ing and new applications of technology to support the

17 school reform effort;

18 ‘‘(13) acquiring connectivity linkages, resources,

19 and services, including the acquisition of hardware

20 and software, for use by teachers, students and school

21 library media personnel in the classroom or in school

22 library media centers, in order to improve student

23 learning to ensure that students in schools will have

24 meaningful access on a regular basis to such linkages,

25 resources and services;
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1 ‘‘(14) providing ongoing professional develop2 ment in the integration of quality educational tech3 nologies into school curriculum and long-term plan4 ning for implementing educational technologies;

5 ‘‘(15) acquiring connectivity with wide area net6 works for purposes of accessing information and edu7 cational programming sources, particularly with in8 stitutions of higher education and public libraries;

9 ‘‘(16) providing educational services for adults

10 and families;

11 ‘‘(17) demonstrations relating to the planning

12 and evaluations of the effectiveness of projects under

13 which local educational agencies or schools contract

14 with private management organizations to reform a

15 school or schools; and

16 ‘‘(18) other programs and projects that meet the

17 purposes of this section.

18 ‘‘(c) AWARDS.—

19 ‘‘(1) IN GENERAL.—The Secretary may—

20 ‘‘(A) make awards under this section on the

21 basis of competitions announced by the Sec22 retary; and

23 ‘‘(B) support meritorious unsolicited pro24 posals.
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1 ‘‘(2) SPECIAL RULE.—The Secretary shall ensure

2 that programs, projects, and activities supported

3 under this section are designed so that the effective4 ness of such programs, projects, and activities is read5 ily ascertainable.

6 ‘‘(3) PEER REVIEW.—The Secretary shall use a

7 peer review process in reviewing applications for as8 sistance under this section and may use funds appro9 priated under section 11801 for the cost of such peer

10 review.

11 ‘‘SEC. 11502. PROMOTING SCHOLAR-ATHLETE COMPETI12 TIONS.

13 ‘‘(a) IN GENERAL.—The Secretary is authorized to

14 award a grant to a nonprofit organization to reimburse

15 such organization for the costs of conducting scholar-athlete

16 games.

17 ‘‘(b) PRIORITY.—In awarding the grant under sub18 section (a), the Secretary shall give priority to a nonprofit

19 organization that—

20 ‘‘(1) is described in section 501(c)(3) of, and ex21 empt from taxation under section 501(a) of, the Inter22 nal Revenue Code of 1986, and is affiliated with a

23 university capable of hosting a large educational, cul24 tural, and athletic event that will serve as a national

25 model;
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1 ‘‘(2) has the capability and experience in admin2 istering federally funded scholar-athlete games;

3 ‘‘(3) has the ability to provide matching funds,

4 on a dollar-for-dollar basis, from foundations and the

5 private sector for the purpose of conducting a scholar6 athlete program;

7 ‘‘(4) has the organizational structure and capa8 bility to administer a model scholar-athlete program;

9 and

10 ‘‘(5) has the organizational structure and exper11 tise to replicate the scholar-athlete program in var12 ious venues throughout the United States internation13 ally.

14 ‘‘Subpart 2—Star Schools Program

15 ‘‘SEC. 11551. SHORT TITLE.

16 ‘‘This subpart may be cited as the ‘Star Schools Act’.

17 ‘‘SEC. 11552. FINDINGS.

18 ‘‘Congress finds that—

19 ‘‘(1) the Star Schools program has helped to en20 courage the use of distance learning strategies to serve

21 multistate regions primarily by means of satellite and

22 broadcast television;

23 ‘‘(2) in general, distance learning programs have

24 been used effectively to provide students in small,

25 rural, and isolated schools with courses and instruc-
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1 tion, such as science and foreign language instruction,

2 that the local educational agency is not otherwise able

3 to provide; and

4 ‘‘(3) distance learning programs may also be

5 used to—

6 ‘‘(A) provide students of all ages in all

7 types of schools and educational settings with

8 greater access to high-quality instruction in the

9 full range of core academic subjects that will en10 able such students to meet challenging, inter11 nationally competitive, educational standards;

12 ‘‘(B) expand professional development op13 portunities for teachers;

14 ‘‘(C) contribute to achievement of the Na15 tional Education Goals; and

16 ‘‘(D) expand learning opportunities for ev17 eryone.

18 ‘‘SEC. 11553. PURPOSE.

19 ‘‘It is the purpose of this subpart to encourage im20 proved instruction in mathematics, science, and foreign

21 languages as well as other subjects, such as literacy skills

22 and vocational education, and to serve underserved popu23 lations, including the disadvantaged, illiterate, limited

24 English proficient, and individuals with disabilities,

25 through a Star Schools program under which grants are
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1 made to eligible telecommunication partnerships to enable

2 such partnerships to—

3 ‘‘(1) develop, construct, acquire, maintain, and

4 operate telecommunications audio and visual facili5 ties and equipment;

6 ‘‘(2) develop and acquire educational and in7 structional programming; and

8 ‘‘(3) obtain technical assistance for the use of

9 such facilities and instructional programming.

10 ‘‘SEC. 11554. GRANTS AUTHORIZED.

11 ‘‘(a) AUTHORITY.—The Secretary, through the Office

12 of Educational Technology, is authorized to make grants,

13 in accordance with the provisions of this subpart, to eligible

14 entities to pay the Federal share of the cost of—

15 ‘‘(1) the development, construction, acquisition,

16 maintenance, and operation of telecommunications

17 facilities and equipment;

18 ‘‘(2) the development and acquisition of live,

19 interactive instructional programming;

20 ‘‘(3) the development and acquisition of

21 preservice and inservice teacher training programs

22 based on established research regarding teacher-to23 teacher mentoring, effective skill transfer, and ongo24 ing, in-class instruction;
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1 ‘‘(4) the establishment of teleconferencing facili2 ties and resources for making interactive training

3 available to teachers;

4 ‘‘(5) obtaining technical assistance; and

5 ‘‘(6) the coordination of the design and

6 connectivity of telecommunications networks to reach

7 the greatest number of schools.

8 ‘‘(b) DURATION.—

9 ‘‘(1) IN GENERAL.—The Secretary shall award

10 grants pursuant to subsection (a) for a period of 5

11 years.

12 ‘‘(2) RENEWAL.—Grants awarded pursuant to

13 subsection (a) may be renewed for 1 additional 3-year

14 period.

15 ‘‘(c) AVAILABILITY OF FUNDS.—Funds made available

16 to carry out this subpart shall remain available until ex17 pended.

18 ‘‘(d) LIMITATIONS.—

19 ‘‘(1) IN GENERAL.—A grant under this section

20 shall not exceed—

21 (A) 5 years in duration; or

22 (B) $10,000,000 in any 1 fiscal year.

23 ‘‘(2) INSTRUCTIONAL PROGRAMMING.—Not less

24 than 25 percent of the funds available to the Sec-
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1 retary in any fiscal year under this subpart shall be

2 used for the cost of instructional programming.

3 ‘‘(3) SPECIAL RULE.—Not less than 50 percent of

4 the funds available in any fiscal year under this sub5 part shall be used for the cost of facilities, equipment,

6 teacher training or retraining, technical assistance, or

7 programming, for local educational agencies which

8 are eligible to receive assistance under part A of title

9 I.

10 ‘‘(e) FEDERAL SHARE.—

11 ‘‘(1) IN GENERAL.—The Federal share of the cost

12 of projects funded under this section shall not

13 exceed—

14 ‘‘(A) 75 percent for the first and second

15 years for which an eligible telecommunications

16 partnership receives a grant under this subpart;

17 ‘‘(B) 60 percent for the third and fourth

18 such years; and

19 ‘‘(C) 50 percent for the fifth such year.

20 ‘‘(2) REDUCTION OR WAIVER.—The Secretary

21 may reduce or waive the requirement of the non-Fed22 eral share under paragraph (1) upon a showing of fi23 nancial hardship.

24 ‘‘(f) AUTHORITY TO ACCEPT FUNDS FROM OTHER

25 AGENCIES.—The Secretary is authorized to accept funds
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1 from other Federal departments or agencies to carry out

2 the purposes of this section, including funds for the pur3 chase of equipment.

4 ‘‘(g) COORDINATION.—The Department, the National

5 Science Foundation, the Department of Agriculture, the De6 partment of Commerce, and any other Federal department

7 or agency operating a telecommunications network for edu8 cational purposes, shall coordinate the activities assisted

9 under this subpart with the activities of such department

10 or agency relating to a telecommunications network for edu11 cational purposes.

12 ‘‘(h) CLOSED CAPTIONING AND DESCRIPTIVE VIDEO.—

13 Each entity receiving funds under this subpart is encour14 aged to provide—

15 ‘‘(1) closed captioning of the verbal content of

16 such program, where appropriate, to be broadcast by

17 way of line 21 of the vertical blanking interval, or by

18 way of comparable successor technologies; and

19 ‘‘(2) descriptive video of the visual content of

20 such program, as appropriate.

21 ‘‘SEC. 11555. ELIGIBLE ENTITIES.

22 ‘‘(a) ELIGIBLE ENTITIES.—

23 ‘‘(1) REQUIRED PARTICIPATION.—The Secretary

24 may make a grant under section 11554 to any eligible
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1 entity, if at least 1 local educational agency is par2 ticipating in the proposed project.

3 ‘‘(2) ELIGIBLE ENTITY.—For the purpose of this

4 subpart, the term ‘eligible entity’ may include—

5 ‘‘(A) a public agency or corporation estab6 lished for the purpose of developing and oper7 ating telecommunications networks to enhance

8 educational opportunities provided by edu9 cational institutions, teacher training centers,

10 and other entities, except that any such agency

11 or corporation shall represent the interests of ele12 mentary schools and secondary schools that are

13 eligible to participate in the program under part

14 A of title I; or

15 ‘‘(B) a partnership that will provide tele16 communications services and which includes 3 or

17 more of the following entities, at least 1 of which

18 shall be an agency described in clause (i) or (ii):

19 ‘‘(i) a local educational agency that

20 serves a significant number of elementary

21 schools and secondary schools that are eligi22 ble for assistance under part A of title I, or

23 elementary schools and secondary schools

24 operated or funded for Indian children by
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1 the Department of the Interior eligible

2 under section 1121(c)(1)(A);

3 ‘‘(ii) a State educational agency;

4 ‘‘(iii) adult and family education pro5 grams;

6 ‘‘(iv) an institution of higher education

7 or a State higher education agency;

8 ‘‘(v) a teacher training center or acad9 emy that—

10 ‘‘(I) provides teacher preservice

11 and inservice training; and

12 ‘‘(II) receives Federal financial

13 assistance or has been approved by a

14 State agency;

15 ‘‘(vi)(I) a public or private entity with

16 experience and expertise in the planning

17 and operation of a telecommunications net18 work, including entities involved in tele19 communications through satellite, cable,

20 telephone, or computer; or

21 ‘‘(II) a public broadcasting entity with

22 such experience; or

23 ‘‘(vii) a public or private elementary

24 school or secondary school.
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1 ‘‘(b) SPECIAL RULE.—An eligible entity receiving as2 sistance under this subpart shall be organized on a state3 wide or multistate basis.

4 ‘‘SEC. 11556. APPLICATIONS.

5 ‘‘(a) APPLICATIONS REQUIRED.—Each eligible entity

6 which desires to receive a grant under section 11554 shall

7 submit an application to the Secretary, at such time, in

8 such manner, and containing or accompanied by such in9 formation as the Secretary may reasonably require.

10 ‘‘(b) STAR SCHOOL AWARD APPLICATION.—Each ap11 plication submitted pursuant to subsection (a) shall—

12 ‘‘(1) describe how the proposed project will assist

13 in achieving the National Education Goals, how such

14 project will assist all students to have an opportunity

15 to learn to challenging State standards, how such

16 project will assist State and local educational reform

17 efforts, and how such project will contribute to cre18 ating a high-quality system of lifelong learning;

19 ‘‘(2) describe the telecommunications facilities

20 and equipment and technical assistance for which as21 sistance is sought, which may include—

22 ‘‘(A) the design, development, construction,

23 acquisition, maintenance, and operation of State

24 or multistate educational telecommunications

25 networks and technology resource centers;
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1 ‘‘(B) microwave, fiber optics, cable, and sat2 ellite transmission equipment or any combina3 tion thereof;

4 ‘‘(C) reception facilities;

5 ‘‘(D) satellite time;

6 ‘‘(E) production facilities;

7 ‘‘(F) other telecommunications equipment

8 capable of serving a wide geographic area;

9 ‘‘(G) the provision of training services to

10 instructors who will be using the facilities and

11 equipment for which assistance is sought, includ12 ing training in using such facilities and equip13 ment and training in integrating programs into

14 the classroom curriculum; and

15 ‘‘(H) the development of educational and re16 lated programming for use on a telecommuni17 cations network;

18 ‘‘(3) in the case of an application for assistance

19 for instructional programming, describe the types of

20 programming which will be developed to enhance in21 struction and training and provide assurances that

22 such programming will be designed in consultation

23 with professionals (including classroom teachers) who

24 are experts in the applicable subject matter and grade

25 level;
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1 ‘‘(4) describe how the eligible entity has engaged

2 in sufficient survey and analysis of the area to be

3 served to ensure that the services offered by the eligible

4 entity will increase the availability of courses of in5 struction in English, mathematics, science, foreign

6 languages, arts, history, geography, or other dis7 ciplines;

8 ‘‘(5) describe the professional development poli9 cies for teachers and other school personnel to be im10 plemented to ensure the effective use of the tele11 communications facilities and equipment for which

12 assistance is sought;

13 ‘‘(6) describe the manner in which historically

14 underserved students (such as students from low-in15 come families, limited English proficient students,

16 students with disabilities, or students who have low

17 literacy skills) and their families, will participate in

18 the benefits of the telecommunications facilities,

19 equipment, technical assistance, and programming

20 assisted under this subpart;

21 ‘‘(7) describe how existing telecommunications

22 equipment, facilities, and services, where available,

23 will be used;

24 ‘‘(8) provide assurances that the financial inter25 est of the United States in the telecommunications fa-
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1 cilities and equipment will be protected for the useful

2 life of such facilities and equipment;

3 ‘‘(9) provide assurances that a significant por4 tion of any facilities and equipment, technical assist5 ance, and programming for which assistance is sought

6 for elementary schools and secondary schools will be

7 made available to schools or local educational agen8 cies that have a high number or percentage of chil9 dren eligible to be counted under part A of title I;

10 ‘‘(10) provide assurances that the applicant will

11 use the funds provided under this subpart to supple12 ment and not supplant funds otherwise available for

13 the purposes of this subpart;

14 ‘‘(11) describe how funds received under this sub15 part will be coordinated with funds received for edu16 cational technology in the classroom;

17 ‘‘(12) describe the activities or services for which

18 assistance is sought, such as—

19 ‘‘(A) providing facilities, equipment, train20 ing services, and technical assistance;

21 ‘‘(B) making programs accessible to stu22 dents with disabilities through mechanisms such

23 as closed captioning and descriptive video serv24 ices;
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1 ‘‘(C) linking networks around issues of na2 tional importance (such as elections) or to pro3 vide information about employment opportuni4 ties, job training, or student and other social

5 service programs;

6 ‘‘(D) sharing curriculum resources between

7 networks and development of program guides

8 which demonstrate cooperative, cross-network

9 listing of programs for specific curriculum areas;

10 ‘‘(E) providing teacher and student support

11 services including classroom and training sup12 port materials which permit student and teacher

13 involvement in the live interactive distance

14 learning telecasts;

15 ‘‘(F) incorporating community resources

16 such as libraries and museums into instructional

17 programs;

18 ‘‘(G) providing professional development for

19 teachers, including, as appropriate, training to

20 early childhood development and Head Start

21 teachers and staff and vocational education

22 teachers and staff, and adult and family edu23 cators;
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1 ‘‘(H) providing programs for adults to

2 maximize the use of telecommunications facilities

3 and equipment;

4 ‘‘(I) providing teacher training on proposed

5 or established voluntary national content stand6 ards in mathematics and science and other dis7 ciplines as such standards are developed; and

8 ‘‘(J) providing parent education programs

9 during and after the regular school day which

10 reinforce a student’s course of study and actively

11 involve parents in the learning process;

12 ‘‘(13) describe how the proposed project as a

13 whole will be financed and how arrangements for fu14 ture financing will be developed before the project ex15 pires;

16 ‘‘(14) provide an assurance that a significant

17 portion of any facilities, equipment, technical assist18 ance, and programming for which assistance is sought

19 for elementary schools and secondary schools will be

20 made available to schools in local educational agen21 cies that have a high percentage of children counted

22 for the purpose of part A of title I;

23 ‘‘(15) provide an assurance that the applicant

24 will provide such information and cooperate in any
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1 evaluation that the Secretary may conduct under this

2 subpart; and

3 ‘‘(16) include such additional assurances as the

4 Secretary may reasonably require.

5 ‘‘(c) PRIORITIES.—The Secretary, in approving appli6 cations for grants authorized under section 11554, shall give

7 priority to applications describing projects that—

8 ‘‘(1) propose high-quality plans to assist in

9 achieving 1 or more of the National Education Goals,

10 will provide instruction consistent with State content

11 standards, or will otherwise provide significant and

12 specific assistance to States and local educational

13 agencies undertaking systemic education reform;

14 ‘‘(2) will provide services to programs serving

15 adults, especially parents, with low levels of literacy;

16 ‘‘(3) will serve schools with significant numbers

17 of children counted for the purposes of part A of title

18 I;

19 ‘‘(4) ensure that the eligible entity will—

20 ‘‘(A) serve the broadest range of institutions,

21 programs providing instruction outside of the

22 school setting, programs serving adults, espe23 cially parents, with low levels of literacy, insti24 tutions of higher education, teacher training cen25 ters, research institutes, and private industry;
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1 ‘‘(B) have substantial academic and teach2 ing capabilities, including the capability of

3 training, retraining, and inservice upgrading of

4 teaching skills and the capability to provide pro5 fessional development;

6 ‘‘(C) provide a comprehensive range of

7 courses for educators to teach instructional strat8 egies for students with different skill levels;

9 ‘‘(D) provide training to participating edu10 cators in ways to integrate telecommunications

11 courses into existing school curriculum;

12 ‘‘(E) provide instruction for students, teach13 ers, and parents;

14 ‘‘(F) serve a multistate area; and

15 ‘‘(G) give priority to the provision of equip16 ment and linkages to isolated areas; and

17 ‘‘(5) involve a telecommunications entity (such

18 as a satellite, cable, telephone, computer, or public or

19 private television stations) participating in the eligi20 ble entity and donating equipment or in-kind services

21 for telecommunications linkages.

22 ‘‘(d) GEOGRAPHIC DISTRIBUTION.—In approving ap23 plications for grants authorized under section 11554, the

24 Secretary shall, to the extent feasible, ensure an equitable
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1 geographic distribution of services provided under this sub2 part.

3 ‘‘SEC. 11557. LEADERSHIP AND EVALUATION.

4 ‘‘(a) RESERVATION.—From the amount made avail5 able to carry out this subpart in each fiscal year, the Sec6 retary may reserve not more than 5 percent of such amount

7 for national leadership, evaluation, and peer review activi8 ties.

9 ‘‘(b) METHOD OF FUNDING.—The Secretary may fund

10 the activities described in subsection (a) directly or through

11 grants, contracts, and cooperative agreements.

12 ‘‘(c) USES OF FUNDS.—

13 ‘‘(1) LEADERSHIP.—Funds reserved for leader14 ship activities under subsection (a) may be used for—

15 ‘‘(A) disseminating information, including

16 lists and descriptions of services available from

17 grant recipients under this subpart; and

18 ‘‘(B) other activities designed to enhance the

19 quality of distance learning activities nation20 wide.

21 ‘‘(2) EVALUATION.—Funds reserved for evalua22 tion activities under subsection (a) may be used to

23 conduct independent evaluations of the activities as24 sisted under this subpart and of distance learning in

25 general, including—
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1 ‘‘(A) analyses of distance learning efforts,

2 including such efforts that are assisted under

3 this subpart and such efforts that are not as4 sisted under this subpart; and

5 ‘‘(B) comparisons of the effects, including

6 student outcomes, of different technologies in dis7 tance learning efforts.

8 ‘‘(3) PEER REVIEW.—Funds reserved for peer re9 view activities under subsection (a) may be used for

10 peer review of—

11 ‘‘(A) applications for grants under this sub12 part; and

13 ‘‘(B) activities assisted under this subpart.

14 ‘‘SEC. 11558. DEFINITIONS.

15 ‘‘In this subpart:

16 ‘‘(1) EDUCATIONAL INSTITUTION.—The term

17 ‘educational institution’ means an institution of high18 er education, a local educational agency, or a State

19 educational agency.

20 ‘‘(2) INSTRUCTIONAL PROGRAMMING.—The term

21 ‘instructional programming’ means courses of in22 struction and training courses for elementary and

23 secondary students, teachers, and others, and mate24 rials for use in such instruction and training that

25 have been prepared in audio and visual form on tape,
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1 disc, film, or live, and presented by means of tele2 communications devices.

3 ‘‘(3) PUBLIC BROADCASTING ENTITY.—The term

4 ‘public broadcasting entity’ has the same meaning

5 given such term in section 397 of the Communica6 tions Act of 1934.

7 ‘‘SEC. 11559. ADMINISTRATIVE PROVISIONS.

8 ‘‘(a) CONTINUING ELIGIBILITY.—

9 ‘‘(1) IN GENERAL.—In order to be eligible to re10 ceive a grant under section 11554 for a second 3-year

11 grant period an eligible entity shall demonstrate in

12 the application submitted pursuant to section 11556

13 that such partnership shall—

14 ‘‘(A) continue to provide services in the sub15 ject areas and geographic areas assisted with

16 funds received under this subpart for the pre17 vious 5-year grant period; and

18 ‘‘(B) use all grant funds received under this

19 subpart for the second 3-year grant period to

20 provide expanded services by—

21 ‘‘(i) increasing the number of students,

22 schools, or school districts served by the

23 courses of instruction assisted under this

24 part in the previous fiscal year;
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1 ‘‘(ii) providing new courses of instruc2 tion; and

3 ‘‘(iii) serving new populations of un4 derserved individuals, such as children or

5 adults who are disadvantaged, have limited

6 English proficiency, are individuals with

7 disabilities, are illiterate, or lack secondary

8 school diplomas or their recognized equiva9 lent.

10 ‘‘(2) SPECIAL RULE.—Grant funds received pur11 suant to paragraph (1) shall be used to supplement

12 and not supplant services provided by the grant re13 cipient under this subpart in the previous fiscal year.

14 ‘‘(b) FEDERAL ACTIVITIES.—The Secretary may assist

15 grant recipients under section 11554 in acquiring satellite

16 time, where appropriate, as economically as possible.

17 ‘‘SEC. 11560. OTHER ASSISTANCE.

18 ‘‘(a) SPECIAL STATEWIDE NETWORK.—

19 ‘‘(1) IN GENERAL.—The Secretary, through the

20 Office of Educational Technology, may provide assist21 ance to a statewide telecommunications network

22 under this subsection if such network—

23 ‘‘(A) provides 2-way full motion interactive

24 video and audio communications;
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1 ‘‘(B) links together public colleges and uni2 versities and secondary schools throughout the

3 State; and

4 ‘‘(C) meets any other requirements deter5 mined appropriate by the Secretary.

6 ‘‘(2) STATE CONTRIBUTION.—A statewide tele7 communications network assisted under paragraph

8 (1) shall contribute, either directly or through private

9 contributions, non-Federal funds equal to not less

10 than 50 percent of the cost of such network.

11 ‘‘(b) SPECIAL LOCAL NETWORK.—

12 ‘‘(1) IN GENERAL.—The Secretary may provide

13 assistance, on a competitive basis, to a local edu14 cational agency or consortium thereof to enable such

15 agency or consortium to establish a high technology

16 demonstration program.

17 ‘‘(2) PROGRAM REQUIREMENTS.—A high tech18 nology demonstration program assisted under para19 graph (1) shall—

20 ‘‘(A) include 2-way full motion interactive

21 video, audio, and text communications;

22 ‘‘(B) link together elementary schools and

23 secondary schools, colleges, and universities;

24 ‘‘(C) provide parent participation and fam25 ily programs;
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1 ‘‘(D) include a staff development program;

2 and

3 ‘‘(E) have a significant contribution and

4 participation from business and industry.

5 ‘‘(3) MATCHING REQUIREMENT.—A local edu6 cational agency or consortium receiving a grant

7 under paragraph (1) shall provide, either directly or

8 through private contributions, non-Federal matching

9 funds equal to not less than 50 percent of the amount

10 of the grant.

11 ‘‘(c) TELECOMMUNICATIONS PROGRAMS FOR CON12 TINUING EDUCATION.—

13 ‘‘(1) AUTHORITY.—The Secretary is authorized

14 to award grants, on a competitive basis, to eligible

15 entities to develop and operate 1 or more programs

16 which provide online access to educational resources

17 in support of continuing education and curriculum

18 requirements relevant to achieving a secondary school

19 diploma or its recognized equivalent. The program

20 authorized by this section shall be designed to advance

21 adult literacy, secondary school completion, and the

22 acquisition of specified competency by the end of the

23 12th grade.
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1 ‘‘(2) APPLICATION.—Each eligible entity desiring

2 a grant under this section shall submit an applica3 tion to the Secretary. Each such application shall—

4 ‘‘(A) demonstrate that the applicant will

5 use publicly funded or free public telecommuni6 cations infrastructure to deliver video, voice, and

7 data in an integrated service to support and as8 sist in the acquisition of a secondary school di9 ploma or its recognized equivalent;

10 ‘‘(B) assure that the content of the materials

11 to be delivered is consistent with the accredita12 tion requirements of the State for which such

13 materials are used;

14 ‘‘(C) incorporate, to the extent feasible, ma15 terials developed in the Federal departments and

16 agencies and under appropriate federally funded

17 projects and programs;

18 ‘‘(D) assure that the applicant has the tech19 nological and substantive experience to carry out

20 the program; and

21 ‘‘(E) contain such additional assurances as

22 the Secretary may reasonably require.

23 ‘‘Subpart 3—Arts in Education

24 ‘‘SEC. 11571. FINDINGS AND PURPOSE.

25 ‘‘(a) FINDINGS.—Congress finds that—
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1 ‘‘(1) the arts are forms of understanding and

2 ways of knowing that are fundamentally important to

3 education;

4 ‘‘(2) the arts are important to excellent edu5 cation and to effective school reform;

6 ‘‘(3) the most significant contribution of the arts

7 to education reform is the transformation of teaching

8 and learning;

9 ‘‘(4) such transformation is best realized in the

10 context of comprehensive, systemic education reform;

11 ‘‘(5) a growing body of research indicates that

12 arts education provides significant cognitive benefits

13 and can bolster academic achievement for all stu14 dents;

15 ‘‘(6) participation in performing arts activities

16 has proven to be an effective strategy for promoting

17 the inclusion of persons with disabilities in main18 stream settings;

19 ‘‘(7) opportunities in the arts have enabled per20 sons of all ages with disabilities to participate more

21 fully in school and community activities;

22 ‘‘(8) the arts can motivate at-risk students to

23 stay in school and become active participants in the

24 educational process; and
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1 ‘‘(9) arts education should be an integral part of

2 the elementary school and secondary school cur3 riculum.

4 ‘‘(b) PURPOSES.—The purposes of this section are to—

5 ‘‘(1) support systemic education reform by

6 strengthening arts education as an integral part of

7 the elementary school and secondary school cur8 riculum;

9 ‘‘(2) help ensure that all students have the oppor10 tunity to learn to challenging State content standards

11 and challenging State student performance standards

12 in the arts; and

13 ‘‘(3) support the national effort to enable all stu14 dents to demonstrate competence in the arts.

15 ‘‘(c) ELIGIBLE RECIPIENTS.—In order to carry out the

16 purposes of this section, the Secretary is authorized to

17 award grants to, or enter into contracts or cooperative

18 agreements with—

19 ‘‘(1) State educational agencies;

20 ‘‘(2) local educational agencies;

21 ‘‘(3) institutions of higher education;

22 ‘‘(4) museums and other cultural institutions;

23 and

24 ‘‘(5) other public and private agencies, institu25 tions, and organizations.
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1 ‘‘(d) AUTHORIZED ACTIVITIES.—Funds under this sec2 tion may be used for—

3 ‘‘(1) research on arts education;

4 ‘‘(2) the development of, and dissemination of in5 formation about, model arts education programs;

6 ‘‘(3) the development of model arts education as7 sessments based on high standards;

8 ‘‘(4) the development and implementation of cur9 riculum frameworks for arts education;

10 ‘‘(5) the development of model preservice and in11 service professional development programs for arts

12 educators and other instructional staff;

13 ‘‘(6) supporting collaborative activities with

14 other Federal agencies or institutions involved in arts

15 education, such as the National Endowment for the

16 Arts, the Institute of Museum and Library Services,

17 the John F. Kennedy Center for the Performing Arts,

18 VSA Arts, and the National Gallery of Art;

19 ‘‘(7) supporting model projects and programs in

20 the performing arts for children and youth through

21 arrangements made with the John F. Kennedy Center

22 for the Performing Arts;

23 ‘‘(8) supporting model projects and programs by

24 VSA Arts which assure the participation in main-
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1 stream settings in arts and education programs of in2 dividuals with disabilities;

3 ‘‘(9) supporting model projects and programs to

4 integrate arts education into the regular elementary

5 school and secondary school curriculum; and

6 ‘‘(10) other activities that further the purposes of

7 this section.

8 ‘‘(e) COORDINATION.—

9 ‘‘(1) IN GENERAL.—A recipient of funds under

10 this section shall, to the extent possible, coordinate

11 projects assisted under this section with appropriate

12 activities of public and private cultural agencies, in13 stitutions, and organizations, including museums,

14 arts education associations, libraries, and theaters.

15 ‘‘(2) SPECIAL RULE.—In carrying out this sec16 tion, the Secretary shall coordinate with the National

17 Endowment for the Arts, the Institute of Museum and

18 Library Services, the John F. Kennedy Center for the

19 Performing Arts, VSA Arts, and the National Gallery

20 of Art.

21 ‘‘(f) SPECIAL RULE.—If the amount made available

22 to the Secretary to carry out this subpart for any fiscal

23 year is $15,000,000 or less, then such amount shall only

24 be available to carry out the activities described in para25 graphs (7) and (8) of subsection (d).
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1 ‘‘Subpart 4—School Counseling

2 ‘‘SEC. 11601. ELEMENTARY SCHOOL AND SECONDARY

3 SCHOOL COUNSELING DEMONSTRATION.

4 ‘‘(a) COUNSELING DEMONSTRATION.—

5 ‘‘(1) IN GENERAL.—The Secretary may award

6 grants under this section to local educational agencies

7 to enable the local educational agencies to establish or

8 expand elementary school and secondary school coun9 seling programs.

10 ‘‘(2) PRIORITY.—In awarding grants under this

11 section, the Secretary shall give special consideration

12 to applications describing programs that—

13 ‘‘(A) demonstrate the greatest need for new

14 or additional counseling services among the chil15 dren in the schools served by the applicant;

16 ‘‘(B) propose the most promising and inno17 vative approaches for initiating or expanding

18 school counseling; and

19 ‘‘(C) show the greatest potential for replica20 tion and dissemination.

21 ‘‘(3) EQUITABLE DISTRIBUTION.—In awarding

22 grants under this section, the Secretary shall ensure

23 an equitable geographic distribution among the re24 gions of the United States and among urban, subur25 ban, and rural areas.
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1 ‘‘(4) DURATION.—A grant under this section

2 shall be awarded for a period not to exceed three

3 years.

4 ‘‘(5) MAXIMUM GRANT.—A grant under this sec5 tion shall not exceed $400,000 for any fiscal year.

6 ‘‘(b) APPLICATIONS.—

7 ‘‘(1) IN GENERAL.—Each local educational agen8 cy desiring a grant under this section shall submit an

9 application to the Secretary at such time, in such

10 manner, and accompanied by such information as the

11 Secretary may reasonably require.

12 ‘‘(2) CONTENTS.—Each application for a grant

13 under this section shall—

14 ‘‘(A) describe the school population to be

15 targeted by the program, the particular personal,

16 social, emotional, educational, and career devel17 opment needs of such population, and the cur18 rent school counseling resources available for

19 meeting such needs;

20 ‘‘(B) describe the activities, services, and

21 training to be provided by the program and the

22 specific approaches to be used to meet the needs

23 described in subparagraph (A);
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1 ‘‘(C) describe the methods to be used to

2 evaluate the outcomes and effectiveness of the

3 program;

4 ‘‘(D) describe the collaborative efforts to be

5 undertaken with institutions of higher education,

6 businesses, labor organizations, community

7 groups, social service agencies, and other public

8 or private entities to enhance the program and

9 promote school-linked services integration;

10 ‘‘(E) describe collaborative efforts with in11 stitutions of higher education which specifically

12 seek to enhance or improve graduate programs

13 specializing in the preparation of school coun14 selors, school psychologists, and school social

15 workers;

16 ‘‘(F) document that the applicant has the

17 personnel qualified to develop, implement, and

18 administer the program;

19 ‘‘(G) describe how any diverse cultural pop20 ulations, if applicable, would be served through

21 the program;

22 ‘‘(H) assure that the funds made available

23 under this subpart for any fiscal year will be

24 used to supplement and, to the extent prac25 ticable, increase the level of funds that would oth-
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1 erwise be available from non-Federal sources for

2 the program described in the application, and in

3 no case supplant such funds from non-Federal

4 sources; and

5 ‘‘(I) assure that the applicant will appoint

6 an advisory board composed of parents, school

7 counselors, school psychologists, school social

8 workers, other pupil services personnel, teachers,

9 school administrators, and community leaders to

10 advise the local educational agency on the design

11 and implementation of the program.

12 ‘‘(c) USE OF FUNDS.—

13 ‘‘(1) IN GENERAL.—From amounts made avail14 able to carry out this section, the Secretary shall

15 award grants to local education agencies to be used

16 to initiate or expand elementary or secondary school

17 counseling programs that comply with the require18 ments of paragraph (2).

19 ‘‘(2) PROGRAM REQUIREMENTS.—Each program

20 assisted under this section shall—

21 ‘‘(A) be comprehensive in addressing the

22 personal, social, emotional, and educational

23 needs of all students;

24 ‘‘(B) use a developmental, preventive ap25 proach to counseling;
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1 ‘‘(C) increase the range, availability, quan2 tity, and quality of counseling services in the

3 schools of the local educational agency;

4 ‘‘(D) expand counseling services only

5 through qualified school counselors, school psy6 chologists, and school social workers;

7 ‘‘(E) use innovative approaches to increase

8 children’s understanding of peer and family re9 lationships, work and self, decisionmaking, or

10 academic and career planning, or to improve so11 cial functioning;

12 ‘‘(F) provide counseling services that are

13 well-balanced among classroom group and small

14 group counseling, individual counseling, and

15 consultation with parents, teachers, administra16 tors, and other pupil services personnel;

17 ‘‘(G) include inservice training for school

18 counselors, school social workers, school psycholo19 gists, other pupil services personnel, teachers,

20 and instructional staff;

21 ‘‘(H) involve parents of participating stu22 dents in the design, implementation, and evalua23 tion of a counseling program;

24 ‘‘(I) involve collaborative efforts with insti25 tutions of higher education, businesses, labor or-
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1 ganizations, community groups, social service

2 agencies, or other public or private entities to en3 hance the program and promote school-linked

4 services integration; and

5 ‘‘(J) evaluate annually the effectiveness and

6 outcomes of the counseling services and activities

7 assisted under this section.

8 ‘‘(3) REPORT.—The Secretary shall issue a re9 port evaluating the programs assisted pursuant to

10 each grant under this subpart at the end of each

11 grant period.

12 ‘‘(4) DISSEMINATION.—The Secretary shall make

13 the programs assisted under this section available for

14 dissemination, either through the National Diffusion

15 Network or other appropriate means.

16 ‘‘(5) LIMIT ON ADMINISTRATION.—Not more than

17 5 percent of the amounts made available under this

18 section in any fiscal year shall be used for adminis19 trative costs to carry out this section.

20 ‘‘(d) DEFINITIONS.—For purposes of this section:

21 ‘‘(1) SCHOOL COUNSELOR.—The term ‘school

22 counselor’ means an individual who has documented

23 competence in counseling children and adolescents in

24 a school setting and who—
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1 ‘‘(A) possesses State licensure or certifi2 cation granted by an independent professional

3 regulatory authority;

4 ‘‘(B) in the absence of such State licensure

5 or certification, possesses national certification

6 in school counseling or a specialty of counseling

7 granted by an independent professional organi8 zation; or

9 ‘‘(C) holds a minimum of a master’s degree

10 in school counseling from a program accredited

11 by the Council for Accreditation of Counseling

12 and Related Educational Programs or the equiv13 alent.

14 ‘‘(2) SCHOOL PSYCHOLOGIST.—The term ‘school

15 psychologist’ means an individual who—

16 ‘‘(A) possesses a minimum of 60 graduate

17 semester hours in school psychology from an in18 stitution of higher education and has completed

19 1,200 clock hours in a supervised school psy20 chology internship, of which 600 hours shall be

21 in the school setting;

22 ‘‘(B) possesses State licensure or certifi23 cation in the State in which the individual

24 works; or
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1 ‘‘(C) in the absence of such State licensure

2 or certification, possesses national certification

3 by the National School Psychology Certification

4 Board.

5 ‘‘(3) SCHOOL SOCIAL WORKER.—The term ‘school

6 social worker’ means an individual who—

7 ‘‘(A)(i) holds a master’s degree in social

8 work from a program accredited by the Council

9 on Social Work Education; and

10 ‘‘(ii) is licensed or certified by the State in

11 which services are provided; or

12 ‘‘(B) in the absence of such licensure or cer13 tification, possesses a national certification or

14 credential as a school social work specialist that

15 has been awarded by an independent profes16 sional organization.

17 ‘‘(4) SUPERVISOR.—The term ‘supervisor’ means

18 an individual who has the equivalent number of years

19 of professional experience in such individual’s respec20 tive discipline as is required of teaching experience

21 for the supervisor or administrative credential in the

22 State of such individual.

23 ‘‘SEC. 11602. SPECIAL RULE.

24 ‘‘For any fiscal year in which the amount made avail25 able to carry out this subpart is at least $60,000,000, then
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1 at least $60,000,000 shall be made available in such fiscal

2 year to establish or expand elementary school counseling

3 programs.

4 ‘‘Subpart 5—Partnerships in Character Education

5 ‘‘SEC. 11651. SHORT TITLE.

6 ‘‘This subpart may be cited as the ‘Strong Character

7 for Strong Schools Act’.

8 ‘‘SEC. 11652. PARTNERSHIPS IN CHARACTER EDUCATION

9 PROGRAM.

10 ‘‘(a) PROGRAM AUTHORIZED.—

11 ‘‘(1) IN GENERAL.—The Secretary is authorized

12 to award grants to eligible entities for the design and

13 implementation of character education programs that

14 may incorporate the elements of character described

15 in subsection (d).

16 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible enti17 ty’ means—

18 ‘‘(A) a State educational agency in partner19 ship with 1 or more local educational agencies;

20 ‘‘(B) a State educational agency in partner21 ship with—

22 ‘‘(i) one or more local educational

23 agencies; and
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1 ‘‘(ii) one or more nonprofit organiza2 tions or entities, including institutions of

3 higher education;

4 ‘‘(C) a local educational agency or consor5 tium of local educational agencies; or

6 ‘‘(D) a local educational agency in partner7 ship with another nonprofit organization or en8 tity, including institutions of higher education.

9 ‘‘(3) DURATION.—Each grant under this section

10 shall be awarded for a period not to exceed 3 years,

11 of which the eligible entity shall not use more than 1

12 year for planning and program design.

13 ‘‘(4) AMOUNT OF GRANTS FOR STATE EDU14 CATIONAL AGENCIES.—Subject to the availability of

15 appropriations, the amount of grant made by the Sec16 retary to a State educational agency in a partnership

17 described in subparagraph (A) or (B) of paragraph

18 (2), that submits an application under subsection (b)

19 and that meets such requirements as the Secretary

20 may establish under this section, shall not be less than

21 $500,000.

22 ‘‘(b) APPLICATIONS.—

23 ‘‘(1) REQUIREMENT.—Each eligible entity desir24 ing a grant under this section shall submit an appli-
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1 cation to the Secretary at such time and in such

2 manner as the Secretary may require.

3 ‘‘(2) CONTENTS OF APPLICATION.—Each appli4 cation submitted under this section shall include—

5 ‘‘(A) a description of any partnerships or

6 collaborative efforts among the organizations and

7 entities of the eligible entity;

8 ‘‘(B) a description of the goals and objec9 tives of the program proposed by the eligible en10 tity;

11 ‘‘(C) a description of activities that will be

12 pursued and how those activities will contribute

13 to meeting the goals and objectives described in

14 subparagraph (B), including—

15 ‘‘(i) how parents, students (including

16 students with physical and mental disabil17 ities), and other members of the community,

18 including members of private and nonprofit

19 organizations, will be involved in the design

20 and implementation of the program and

21 how the eligible entity will work with the

22 larger community to increase the reach and

23 promise of the program;

24 ‘‘(ii) curriculum and instructional

25 practices that will be used or developed;
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1 ‘‘(iii) methods of teacher training and

2 parent education that will be used or devel3 oped; and

4 ‘‘(iv) how the program will be linked to

5 other efforts in the schools to improve stu6 dent performance;

7 ‘‘(D) in the case of an eligible entity that is

8 a State educational agency—

9 ‘‘(i) a description of how the State edu10 cational agency will provide technical and

11 professional assistance to its local edu12 cational agency partners in the development

13 and implementation of character education

14 programs; and

15 ‘‘(ii) a description of how the State

16 educational agency will assist other inter17 ested local educational agencies that are not

18 members of the original partnership in de19 signing and establishing character edu20 cation programs;

21 ‘‘(E) a description of how the eligible entity

22 will evaluate the success of its program—

23 ‘‘(i) based on the goals and objectives

24 described in subparagraph (B); and
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1 ‘‘(ii) in cooperation with the national

2 evaluation conducted pursuant to subsection

3 (c)(2)(B)(iii);

4 ‘‘(F) an assurance that the eligible entity

5 annually will provide to the Secretary such in6 formation as may be required to determine the

7 effectiveness of the program; and

8 ‘‘(G) any other information that the Sec9 retary may require.

10 ‘‘(c) EVALUATION AND PROGRAM DEVELOPMENT.—

11 ‘‘(1) EVALUATION AND REPORTING.—

12 ‘‘(A) STATE AND LOCAL REPORTING AND

13 EVALUATION.—Each eligible entity receiving a

14 grant under this section shall submit to the Sec15 retary a comprehensive evaluation of the pro16 gram assisted under this section, including the

17 impact on students (including students with

18 physical and mental disabilities), teachers, ad19 ministrators, parents, and others—

20 ‘‘(i) by the second year of the program;

21 and

22 ‘‘(ii) not later than 1 year after com23 pletion of the grant period.

24 ‘‘(B) CONTRACTS FOR EVALUATION.—Each

25 eligible entity receiving a grant under this sec-
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1 tion may contract with outside sources, includ2 ing institutions of higher education, and private

3 and nonprofit organizations, for purposes of

4 evaluating its program and measuring the suc5 cess of the program toward fostering character in

6 students.

7 ‘‘(2) NATIONAL RESEARCH, DISSEMINATION, AND

8 EVALUATION.—

9 ‘‘(A) IN GENERAL.—The Secretary is au10 thorized to make grants to, or enter into con11 tracts or cooperative agreements with, State or

12 local educational agencies, institutions of higher

13 education, tribal organizations, or other public

14 or private agencies or organizations to carry out

15 research, development, dissemination, technical

16 assistance, and evaluation activities that support

17 or inform State and local character education

18 programs. The Secretary shall reserve not more

19 than 5 percent of the funds made available under

20 this section to carry out this paragraph.

21 ‘‘(B) USES.—Funds made available under

22 subparagraph (A) may be used—

23 ‘‘(i) to conduct research and develop24 ment activities that focus on matters such

25 as—
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1 ‘‘(I) the effectiveness of instruc2 tional models for all students, includ3 ing students with physical and mental

4 disabilities;

5 ‘‘(II) materials and curricula that

6 can be used by programs in character

7 education;

8 ‘‘(III) models of professional de9 velopment in character education; and

10 ‘‘(IV) the development of measures

11 of effectiveness for character education

12 programs which may include the fac13 tors described in paragraph (3);

14 ‘‘(ii) to provide technical assistance to

15 State and local programs, particularly on

16 matters of program evaluation;

17 ‘‘(iii) to conduct a national evaluation

18 of State and local programs receiving fund19 ing under this section; and

20 ‘‘(iv) to compile and disseminate,

21 through various approaches (such as a na22 tional clearinghouse)—

23 ‘‘(I) information on model char24 acter education programs;
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1 ‘‘(II) character education mate2 rials and curricula;

3 ‘‘(III) research findings in the

4 area of character education and char5 acter development; and

6 ‘‘(IV) any other information that

7 will be useful to character education

8 program participants, educators, par9 ents, administrators, and others na10 tionwide.

11 ‘‘(C) PRIORITY.—In carrying out national

12 activities under this paragraph related to devel13 opment, dissemination, and technical assistance,

14 the Secretary shall seek to enter into partner15 ships with national, nonprofit character edu16 cation organizations with expertise and success17 ful experience in implementing local character

18 education programs that have had an effective

19 impact on schools, students (including students

20 with disabilities), and teachers.

21 ‘‘(3) FACTORS.—Factors which may be consid22 ered in evaluating the success of programs funded

23 under this section may include—

24 ‘‘(A) discipline issues;

25 ‘‘(B) student performance;
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1 ‘‘(C) participation in extracurricular ac2 tivities;

3 ‘‘(D) parental and community involvement;

4 ‘‘(E) faculty and administration involve5 ment;

6 ‘‘(F) student and staff morale; and

7 ‘‘(G) overall improvements in school climate

8 for all students, including students with physical

9 and mental disabilities.

10 ‘‘(d) ELEMENTS OF CHARACTER.—Each eligible entity

11 desiring funding under this section shall develop character

12 education programs that may incorporate elements of char13 acter such as—

14 ‘‘(1) caring;

15 ‘‘(2) civic virtue and citizenship;

16 ‘‘(3) justice and fairness;

17 ‘‘(4) respect;

18 ‘‘(5) responsibility;

19 ‘‘(6) trustworthiness; and

20 ‘‘(7) any other elements deemed appropriate by

21 the members of the eligible entity.

22 ‘‘(e) USE OF FUNDS BY STATE EDUCATIONAL AGENCY

23 RECIPIENTS.—Of the total funds received in any fiscal year

24 under this section by an eligible entity that is a State edu25 cational agency—
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1 ‘‘(1) not more than 10 percent of such funds may

2 be used for administrative purposes; and

3 ‘‘(2) the remainder of such funds may be used

4 for—

5 ‘‘(A) collaborative initiatives with and be6 tween local educational agencies and schools;

7 ‘‘(B) the preparation or purchase of mate8 rials, and teacher training;

9 ‘‘(C) grants to local educational agencies,

10 schools, or institutions of higher education; and

11 ‘‘(D) technical assistance and evaluation.

12 ‘‘(f) SELECTION OF GRANTEES.—

13 ‘‘(1) CRITERIA.—The Secretary shall select,

14 through peer review, eligible entities to receive grants

15 under this section on the basis of the quality of the

16 applications submitted under subsection (b), taking

17 into consideration such factors as—

18 ‘‘(A) the quality of the activities proposed to

19 be conducted;

20 ‘‘(B) the extent to which the program fosters

21 character in students and the potential for im22 proved student performance;

23 ‘‘(C) the extent and ongoing nature of pa24 rental, student, and community involvement;
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1 ‘‘(D) the quality of the plan for measuring

2 and assessing success; and

3 ‘‘(E) the likelihood that the goals of the pro4 gram will be realistically achieved.

5 ‘‘(2) DIVERSITY OF PROJECTS.—The Secretary

6 shall approve applications under this section in a

7 manner that ensures, to the extent practicable, that

8 programs assisted under this section—

9 ‘‘(A) serve different areas of the Nation, in10 cluding urban, suburban, and rural areas; and

11 ‘‘(B) serve schools that serve minorities, Na12 tive Americans, students of limited-English pro13 ficiency, disadvantaged students, and students

14 with disabilities.

15 ‘‘(g) PARTICIPATION BY PRIVATE SCHOOL CHILDREN

16 AND TEACHERS.—Grantees under this section shall provide,

17 to the extent feasible and appropriate, for the participation

18 of students and teachers in private elementary and sec19 ondary schools in programs and activities under this sec20 tion.

21 ‘‘Subpart 6—Women’s Educational Equity Act

22 ‘‘SEC. 11701. SHORT TITLE; FINDINGS.

23 ‘‘(a) SHORT TITLE.—This subpart may be cited as the

24 ‘Women’s Educational Equity Act of 2001’.

25 ‘‘(b) FINDINGS.—Congress finds that—
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1 ‘‘(1) since the enactment of title IX of the Edu2 cation Amendments of 1972, women and girls have

3 made strides in educational achievement and in their

4 ability to avail themselves of educational opportuni5 ties;

6 ‘‘(2) because of funding provided under the

7 Women’s Educational Equity Act, more curricula,

8 training, and other educational materials concerning

9 educational equity for women and girls are available

10 for national dissemination;

11 ‘‘(3) teaching and learning practices in the

12 United States are frequently inequitable as such prac13 tices relate to women and girls, for example—

14 ‘‘(A) sexual harassment, particularly that

15 experienced by girls, undermines the ability of

16 schools to provide a safe and equitable learning

17 or workplace environment;

18 ‘‘(B) classroom textbooks and other edu19 cational materials do not sufficiently reflect the

20 experiences, achievements, or concerns of women

21 and, in most cases, are not written by women or

22 persons of color;

23 ‘‘(C) girls do not take as many mathematics

24 and science courses as boys, girls lose confidence

25 in their mathematics and science ability as girls
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1 move through adolescence, and there are few

2 women role models in the sciences; and

3 ‘‘(D) pregnant and parenting teenagers are

4 at high risk for dropping out of school and exist5 ing dropout prevention programs do not ade6 quately address the needs of such teenagers;

7 ‘‘(4) efforts to improve the quality of public edu8 cation also must include efforts to ensure equal access

9 to quality education programs for all women and

10 girls;

11 ‘‘(5) Federal support should address not only re12 search and development of innovative model curricula

13 and teaching and learning strategies to promote gen14 der equity, but should also assist schools and local

15 communities implement gender equitable practices;

16 ‘‘(6) Federal assistance for gender equity must be

17 tied to systemic reform, involve collaborative efforts to

18 implement effective gender practices at the local level,

19 and encourage parental participation; and

20 ‘‘(7) excellence in education, high educational

21 achievements and standards, and the full participa22 tion of women and girls in American society, cannot

23 be achieved without educational equity for women

24 and girls.
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1 ‘‘SEC. 11702. STATEMENT OF PURPOSES.

2 ‘‘It is the purpose of this subpart—

3 ‘‘(1) to promote gender equity in education in

4 the United States;

5 ‘‘(2) to provide financial assistance to enable

6 educational agencies and institutions to meet the re7 quirements of title IX of the Educational Amend8 ments of 1972; and

9 ‘‘(3) to promote equity in education for women

10 and girls who suffer from multiple forms of discrimi11 nation based on sex, race, ethnic origin, limited

12 English proficiency, disability, or age.

13 ‘‘SEC. 11703. PROGRAMS AUTHORIZED.

14 ‘‘(a) IN GENERAL.—The Secretary is authorized—

15 ‘‘(1) to promote, coordinate, and evaluate gender

16 equity policies, programs, activities, and initiatives

17 in all Federal education programs and offices;

18 ‘‘(2) to develop, maintain, and disseminate ma19 terials, resources, analyses, and research relating to

20 education equity for women and girls;

21 ‘‘(3) to provide information and technical assist22 ance to assure the effective implementation of gender

23 equity programs;

24 ‘‘(4) to coordinate gender equity programs and

25 activities with other Federal agencies with jurisdic26 tion over education and related programs;
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1 ‘‘(5) to assist the Assistant Secretary of the Of2 fice of Educational Research and Improvement in

3 identifying research priorities related to education eq4 uity for women and girls; and

5 ‘‘(6) to perform any other activities consistent

6 with achieving the purposes of this subpart.

7 ‘‘(b) GRANTS AUTHORIZED.—

8 ‘‘(1) IN GENERAL.—The Secretary is authorized

9 to make grants to, and enter into contracts and coop10 erative agreements with, public agencies, private non11 profit agencies, organizations, institutions, student

12 groups, community groups, and individuals, for a pe13 riod not to exceed 4 years, to—

14 ‘‘(A) provide grants to develop model equity

15 programs; and

16 ‘‘(B) provide funds for the implementation

17 of equity programs in schools throughout the Na18 tion.

19 ‘‘(2) SUPPORT AND TECHNICAL ASSISTANCE.—To

20 achieve the purposes of this subpart, the Secretary is

21 authorized to provide support and technical

22 assistance—

23 ‘‘(A) to implement effective gender-equity

24 policies and programs at all educational levels,

25 including—
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1 ‘‘(i) assisting educational agencies and

2 institutions to implement policies and prac3 tices to comply with title IX of the Edu4 cation Amendments of 1972;

5 ‘‘(ii) training for teachers, counselors,

6 administrators, and other school personnel,

7 especially preschool and elementary school

8 personnel, in gender equitable teaching and

9 learning practices;

10 ‘‘(iii) leadership training for women

11 and girls to develop professional and mar12 ketable skills to compete in the global mar13 ketplace, improve self-esteem, and benefit

14 from exposure to positive role models;

15 ‘‘(iv) school-to-work transition pro16 grams, guidance and counseling activities,

17 and other programs to increase opportuni18 ties for women and girls to enter a techno19 logically demanding workplace and, in par20 ticular, to enter highly skilled, high paying

21 careers in which women and girls have been

22 underrepresented;

23 ‘‘(v) enhancing educational and career

24 opportunities for those women and girls

25 who suffer multiple forms of discrimination,
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1 based on sex, and on race, ethnic origin,

2 limited English proficiency, disability, so3 cioeconomic status, or age;

4 ‘‘(vi) assisting pregnant students and

5 students rearing children to remain in or to

6 return to secondary school, graduate, and

7 prepare their preschool children to start

8 school;

9 ‘‘(vii) evaluating exemplary model pro10 grams to assess the ability of such programs

11 to advance educational equity for women

12 and girls;

13 ‘‘(viii) introduction into the classroom

14 of textbooks, curricula, and other materials

15 designed to achieve equity for women and

16 girls;

17 ‘‘(ix) programs and policies to address

18 sexual harassment and violence against

19 women and girls and to ensure that edu20 cational institutions are free from threats to

21 the safety of students and personnel;

22 ‘‘(x) nondiscriminatory tests of apti23 tude and achievement and of alternative as24 sessments that eliminate biased assessment

25 instruments from use;
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1 ‘‘(xi) programs to increase educational

2 opportunities, including higher education,

3 vocational training, and other educational

4 programs for low-income women, including

5 underemployed and unemployed women,

6 and women receiving assistance under a

7 State program funded under part A of title

8 IV of the Social Security Act;

9 ‘‘(xii) programs to improve representa10 tion of women in educational administra11 tion at all levels; and

12 ‘‘(xiii) planning, development, and ini13 tial implementation of—

14 ‘‘(I) comprehensive institution15 wide or districtwide evaluation to as16 sess the presence or absence of gender

17 equity in educational settings;

18 ‘‘(II) comprehensive plans for im19 plementation of equity programs in

20 State and local educational agencies

21 and institutions of higher education,

22 including community colleges; and

23 ‘‘(III) innovative approaches to

24 school-community partnerships for

25 educational equity;
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1 ‘‘(B) for research and development, which

2 shall be coordinated with each of the research in3 stitutes of the Office of Educational Research

4 and Improvement to avoid duplication of re5 search efforts, designed to advance gender equity

6 nationwide and to help make policies and prac7 tices in educational agencies and institutions,

8 and local communities, gender equitable,

9 including—

10 ‘‘(i) research and development of inno11 vative strategies and model training pro12 grams for teachers and other education per13 sonnel;

14 ‘‘(ii) the development of high-quality

15 and challenging assessment instruments

16 that are nondiscriminatory;

17 ‘‘(iii) the development and evaluation

18 of model curricula, textbooks, software, and

19 other educational materials to ensure the

20 absence of gender stereotyping and bias;

21 ‘‘(iv) the development of instruments

22 and procedures that employ new and inno23 vative strategies to assess whether diverse

24 educational settings are gender equitable;
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1 ‘‘(v) the development of instruments

2 and strategies for evaluation, dissemination,

3 and replication of promising or exemplary

4 programs designed to assist local edu5 cational agencies in integrating gender eq6 uity in their educational policies and prac7 tices;

8 ‘‘(vi) updating high-quality edu9 cational materials previously developed

10 through awards made under this subpart;

11 ‘‘(vii) the development of policies and

12 programs to address and prevent sexual

13 harassment and violence to ensure that edu14 cational institutions are free from threats to

15 safety of students and personnel;

16 ‘‘(viii) the development and improve17 ment of programs and activities to increase

18 opportunity for women, including con19 tinuing educational activities, vocational

20 education, and programs for low-income

21 women, including underemployed and un22 employed women, and women receiving as23 sistance under the State program funded

24 under part A of title IV of the Social Secu25 rity Act; and
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1 ‘‘(ix) the development of guidance and

2 counseling activities, including career edu3 cation programs, designed to ensure gender

4 equity.

5 ‘‘SEC. 11704. APPLICATIONS.

6 ‘‘An application under this subpart shall—

7 ‘‘(1) set forth policies and procedures that will

8 ensure a comprehensive evaluation of the activities as9 sisted under this subpart, including an evaluation of

10 the practices, policies, and materials used by the ap11 plicant and an evaluation or estimate of the contin12 ued significance of the work of the project following

13 completion of the award period;

14 ‘‘(2) demonstrate how the applicant will address

15 perceptions of gender roles based on cultural dif16 ferences or stereotypes;

17 ‘‘(3) for applications for assistance under section

18 11703(b)(1), demonstrate how the applicant will fos19 ter partnerships and, where applicable, share re20 sources with State educational agencies, local edu21 cational agencies, institutions of higher education,

22 community-based organizations (including organiza23 tions serving women), parent, teacher, and student

24 groups, businesses, or other recipients of Federal edu-
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1 cational funding which may include State literacy re2 source centers;

3 ‘‘(4) for applications for assistance under section

4 11703(b)(1), demonstrate how parental involvement

5 in the project will be encouraged; and

6 ‘‘(5) for applications for assistance under section

7 11703(b)(1), describe plans for continuation of the ac8 tivities assisted under this subpart with local support

9 following completion of the grant period and termi10 nation of Federal support under this subpart.

11 ‘‘SEC. 11705. CRITERIA AND PRIORITIES.

12 ‘‘(a) CRITERIA AND PRIORITIES.—

13 ‘‘(1) IN GENERAL.—The Secretary shall establish

14 separate criteria and priorities for awards under

15 paragraphs (1) and (2) of section 11703(b) to ensure

16 that funds under this subpart are used for programs

17 that most effectively will achieve the purposes of this

18 part.

19 ‘‘(2) CRITERIA.—The criteria described in sub20 section (a) may include the extent to which the activi21 ties assisted under this part—

22 ‘‘(A) address the needs of women and girls

23 of color and women and girls with disabilities;

24 ‘‘(B) meet locally defined and documented

25 educational equity needs and priorities, includ-
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1 ing compliance with title IX of the Education

2 Amendments of 1972;

3 ‘‘(C) are a significant component of a com4 prehensive plan for educational equity and com5 pliance with title IX of the Education Amend6 ments of 1972 in the particular school district,

7 institution of higher education, vocational-tech8 nical institution, or other educational agency or

9 institution; and

10 ‘‘(D) implement an institutional change

11 strategy with long-term impact that will con12 tinue as a central activity of the applicant after

13 the grant under this subpart has terminated.

14 ‘‘(b) PRIORITIES.—In approving applications under

15 this subpart, the Secretary may give special consideration

16 to applications—

17 ‘‘(1) submitted by applicants that have not re18 ceived assistance under this subpart or this subpart’s

19 predecessor authorities;

20 ‘‘(2) for projects that will contribute signifi21 cantly to directly improving teaching and learning

22 practices in the local community; and

23 ‘‘(3) for projects that will—
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1 ‘‘(A) provide for a comprehensive approach

2 to enhancing gender equity in educational insti3 tutions and agencies;

4 ‘‘(B) draw on a variety of resources, includ5 ing the resources of local educational agencies,

6 community-based organizations, institutions of

7 higher education, and private organizations;

8 ‘‘(C) implement a strategy with long-term

9 impact that will continue as a central activity

10 of the applicant after the grant under this sub11 part has terminated;

12 ‘‘(D) address issues of national significance

13 that can be duplicated; and

14 ‘‘(E) address the educational needs of

15 women and girls who suffer multiple or com16 pound discrimination based on sex and on race,

17 ethnic origin, disability, or age.

18 ‘‘(c) SPECIAL RULE.—To the extent feasible, the Sec19 retary shall ensure that grants awarded under this subpart

20 for each fiscal year address—

21 ‘‘(1) all levels of education, including preschool,

22 elementary and secondary education, higher edu23 cation, vocational education, and adult education;

24 ‘‘(2) all regions of the United States; and
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1 ‘‘(3) urban, rural, and suburban educational in2 stitutions.

3 ‘‘(d) COORDINATION.—Research activities supported

4 under this subpart—

5 ‘‘(1) shall be carried out in consultation with the

6 Office of Educational Research and Improvement to

7 ensure that such activities are coordinated with and

8 enhance the research and development activities sup9 ported by the Office; and

10 ‘‘(2) may include collaborative research activities

11 which are jointly funded and carried out with the Of12 fice of Educational Research and Improvement.

13 ‘‘(e) LIMITATION.—Nothing in this subpart shall be

14 construed as prohibiting men and boys from participating

15 in any programs or activities assisted with funds under this

16 subpart.

17 ‘‘SEC. 11706. REPORT.

18 ‘‘The Secretary, not later than January 1, 2007, shall

19 submit to the President and Congress a report on the status

20 of educational equity for girls and women in the Nation.

21 ‘‘SEC. 11707. ADMINISTRATION.

22 ‘‘(a) EVALUATION AND DISSEMINATION.—The Sec23 retary shall evaluate and disseminate materials and pro24 grams developed under this subpart and shall report to Con-
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1 gress regarding such evaluation materials and programs

2 not later than January 1, 2006.

3 ‘‘(b) PROGRAM OPERATIONS.—The Secretary shall en4 sure that the activities assisted under this subpart are ad5 ministered within the Department by a person who has rec6 ognized professional qualifications and experience in the

7 field of gender equity education.

8 ‘‘SEC. 11708. AMOUNT.

9 ‘‘From amounts made available to carry out this subpart for a fiscal year, not less than 2 10 ⁄3 of such amount shall

11 be used to carry out the activities described in section

12 11703(b)(1).

13 ‘‘Subpart 7—Physical Education for Progress

14 ‘‘SEC. 11751. SHORT TITLE.

15 ‘‘This subpart may be cited as the ‘Physical Education

16 for Progress Act’.

17 ‘‘SEC. 11752. PURPOSE.

18 ‘‘The purpose of this subpart is to award grants and

19 contracts to initiate, expand and improve physical edu20 cation programs for all kindergarten through 12th grade

21 students.

22 ‘‘SEC. 11753. FINDINGS.

23 ‘‘Congress makes the following findings:

24 ‘‘(1) Physical education is essential to the devel25 opment of growing children.
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1 ‘‘(2) Physical education helps improve the over2 all health of children by improving their cardio3 vascular endurance, muscular strength and power,

4 and flexibility, and by enhancing weight regulation,

5 bone development, posture, skillful moving, active life6 style habits, and constructive use of leisure time.

7 ‘‘(3) Physical education helps improve the self es8 teem, interpersonal relationships, responsible behav9 ior, and independence of children.

10 ‘‘(4) Children who participate in high quality

11 daily physical education programs tend to be more

12 healthy and physically fit.

13 ‘‘(5) The percentage of young people who are

14 overweight has more than doubled in the 30 years

15 preceding 1999.

16 ‘‘(6) Low levels of activity contribute to the high

17 prevalence of obesity among children in the United

18 States.

19 ‘‘(7) Obesity related diseases cost the United

20 States economy more than $100,000,000,000 every

21 year.

22 ‘‘(8) Inactivity and poor diet cause at least

23 300,000 deaths a year in the United States.

24 ‘‘(9) Physically fit adults have significantly re25 duced risk factors for heart attacks and stroke.
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1 ‘‘(10) Children are not as active as they should

2 be and fewer than one in four children get 20 minutes

3 of vigorous activity every day of the week.

4 ‘‘(11) The Surgeon General’s 1996 Report on

5 Physical Activity and Health, and the Centers for

6 Disease Control and Prevention, recommend daily

7 physical education for all students in kindergarten

8 through grade 12.

9 ‘‘(12) Twelve years after Congress passed House

10 Concurrent Resolution 97, 100th Congress, agreed to

11 December 11, 1987, encouraging State and local gov12 ernments and local educational agencies to provide

13 high quality daily physical education programs for

14 all children in kindergarten through grade 12, little

15 progress has been made.

16 ‘‘(13) Every student in our Nation’s schools,

17 from kindergarten through grade 12, should have the

18 opportunity to participate in quality physical edu19 cation. It is the unique role of quality physical edu20 cation programs to develop the health-related fitness,

21 physical competence, and cognitive understanding

22 about physical activity for all students so that the

23 students can adopt healthy and physically active life24 styles.
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1 ‘‘SEC. 11754. PROGRAM AUTHORIZED.

2 ‘‘The Secretary is authorized to award grants to, and

3 enter into contracts with, local educational agencies and

4 community based organizations such as Boys and Girls

5 Clubs, Boy Scouts and Girl Scouts, and YMCA and YWCA,

6 to pay the Federal share of the costs of initiating, expand7 ing, and improving physical education programs, including

8 after school programs for kindergarten through grade 12

9 students by—

10 ‘‘(1) providing equipment and support to enable

11 students to actively participate in physical education

12 activities; and

13 ‘‘(2) providing funds for staff and teacher train14 ing and education.

15 ‘‘SEC. 11755. APPLICATIONS; PROGRAM ELEMENTS.

16 ‘‘(a) APPLICATIONS.—Each local educational agency

17 and community based organization desiring a grant or con18 tract under this subpart shall submit to the Secretary an

19 application that contains a plan to initiate, expand, or im20 prove physical education programs in order to make

21 progress toward meeting State standards for physical edu22 cation.

23 ‘‘(b) PROGRAM ELEMENTS.—A physical education

24 program described in any application submitted under sub25 section (a) may provide—
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1 ‘‘(1) fitness education and assessment to help

2 children understand, improve, or maintain their

3 physical well-being;

4 ‘‘(2) instruction in a variety of motor skills and

5 physical activities designed to enhance the physical,

6 mental, and social or emotional development of every

7 child;

8 ‘‘(3) development of cognitive concepts about

9 motor skill and physical fitness that support a life10 long healthy lifestyle;

11 ‘‘(4) opportunities to develop positive social and

12 cooperative skills through physical activity participa13 tion;

14 ‘‘(5) instruction in healthy eating habits and

15 good nutrition; and

16 ‘‘(6) teachers of physical education the oppor17 tunity for professional development to stay abreast of

18 the latest research, issues, and trends in the field of

19 physical education.

20 ‘‘(c) SPECIAL RULE.—For the purpose of this subpart,

21 extracurricular activities such as team sports and Reserve

22 Officers’ Training Corps (ROTC) program activities shall

23 not be considered as part of the curriculum of a physical

24 education program assisted under this subpart.
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1 ‘‘SEC. 11756. PROPORTIONALITY.

2 ‘‘The Secretary shall ensure that grants awarded and

3 contracts entered into under this subpart shall be equitably

4 distributed between local educational agencies and commu5 nity based organizations serving urban and rural areas,

6 and between local educational agencies and community

7 based organizations serving large and small numbers of stu8 dents.

9 ‘‘SEC. 11757. PRIVATE SCHOOL STUDENTS AND HOME10 SCHOOLED STUDENTS.

11 ‘‘An application for funds under this subpart may

12 provide for the participation, in the activities funded under

13 this subpart, of—

14 ‘‘(1) home-schooled children, and their parents

15 and teachers; or

16 ‘‘(2) children enrolled in private nonprofit ele17 mentary schools or secondary schools, and their par18 ents and teachers.

19 ‘‘SEC. 11758. REPORT REQUIRED FOR CONTINUED FUNDING.

20 ‘‘As a condition to continue to receive grant or con21 tract funding after the first year of a multiyear grant or

22 contract under this subpart, the administrator of the grant

23 or contract for the local educational agency or community

24 based organization shall submit to the Secretary an annual

25 report that describes the activities conducted during the pre-
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1 ceding year and demonstrates that progress has been made

2 toward meeting State standards for physical education.

3 ‘‘SEC. 11759. REPORT TO CONGRESS.

4 ‘‘The Secretary shall submit a report to Congress not

5 later than June 1, 2003, that describes the programs as6 sisted under this subpart, documents the success of such pro7 grams in improving physical fitness, and makes such rec8 ommendations as the Secretary determines appropriate for

9 the continuation and improvement of the programs assisted

10 under this subpart.

11 ‘‘SEC. 11760. ADMINISTRATIVE COSTS.

12 ‘‘Not more than 5 percent of the grant or contract

13 funds made available to a local educational agency or com14 munity based organization under this subpart for any fiscal

15 year may be used for administrative costs.

16 ‘‘SEC. 11761. FEDERAL SHARE; SUPPLEMENT NOT SUP17 PLANT.

18 ‘‘(a) FEDERAL SHARE.—The Federal share under this

19 subpart may not exceed—

20 ‘‘(1) 90 percent of the total cost of a project for

21 the first year for which the project receives assistance

22 under this subpart; and

23 ‘‘(2) 75 percent of such cost for the second and

24 each subsequent such year.
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1 ‘‘(b) SUPPLEMENT NOT SUPPLANT.—Funds made

2 available under this subpart shall be used to supplement

3 and not supplant other Federal, State and local funds

4 available for physical education activities.

5 ‘‘SEC. 11762. AVAILABILITY OF AMOUNTS.

6 ‘‘Amounts made available to the Secretary to carry out

7 this subpart shall remain available until expended.

8 ‘‘Subpart 8—Smaller Learning Communities

9 ‘‘SEC. 11801. SMALLER LEARNING COMMUNITIES.

10 ‘‘(a) IN GENERAL.—Each local educational agency de11 siring a grant under this section shall submit an applica12 tion to the Secretary at such time, in such manner, and

13 accompanied by such information as the Secretary may re14 quire. Each such application shall describe—

15 ‘‘(1) strategies and methods the applicant will

16 use to create the smaller learning community or com17 munities;

18 ‘‘(2) curriculum and instructional practices, in19 cluding any particular themes or emphases, to be used

20 in the learning environment;

21 ‘‘(3) the extent of involvement of teachers and

22 other school personnel in investigating, designing, im23 plementing and sustaining the smaller learning com24 munity or communities;
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1 ‘‘(4) the process to be used for involving students,

2 parents and other stakeholders in the development

3 and implementation of the smaller learning commu4 nity 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 as13 sisted under this part, including a description of how

14 such activities will better enable all students to reach

15 challenging State content standards and State student

16 performance standards;

17 ‘‘(8) the methods by which the applicant will as18 sess 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, of

22 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 educational
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1 agency and the smaller learning community or com2 munities, including how such agency will demonstrate

3 a commitment to the continuity of the smaller learn4 ing community or communities, including the con5 tinuity of student and teacher assignment to a par6 ticular 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, per16 formance or any other measure, so that students are

17 placed at random or by their own choice, not pursu18 ant to testing or other judgments.

19 ‘‘(b) AUTHORIZED ACTIVITIES.—Funds under this sec20 tion may be used—

21 ‘‘(1) to study the feasibility of creating the small22 er learning community or communities as well as ef23 fective and innovative organizational and instruc24 tional 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 high

5 State content standards and State student perform6 ance standards;

7 ‘‘(3) to provide professional development for

8 school staff in innovative teaching methods that chal9 lenge and engage students to be used in the smaller

10 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 organiza14 tions, and other community members in the smaller

15 learning communities, as facilitators of activities that

16 enable teachers to participate in professional develop17 ment activities, as well as to provide links between

18 students and their community.

19 ‘‘Subpart 9—Authorization of Appropriations

20 ‘‘SEC. 11901. AUTHORIZATION OF APPROPRIATIONS.

21 ‘‘For the purpose of carrying out this part, there are

22 authorized to be appropriated such sums as may be nec23 essary for fiscal year 2002 and for each of the 6 succeeding

24 fiscal years.’’.
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1 TITLE XVII—JOHN H. CHAFEE

2 ENVIRONMENTAL EDUCATION

3 ACT

4 SEC. 1701. SHORT TITLE.

5 (a) THIS TITLE.—This title may be cited as the ‘‘John

6 H. Chafee Environmental Education Act of 2001’’.

7 (b) NATIONAL ENVIRONMENTAL EDUCATION ACT.—

8 Section 1(a) of the National Environmental Education Act

9 (20 U.S.C. 5501 note) is amended by striking ‘‘National

10 Environmental Education Act’’ and inserting ‘‘John H.

11 Chafee Environmental Education Act’’.

12 SEC. 1702. OFFICE OF ENVIRONMENTAL EDUCATION.

13 Section 4 of the John H. Chafee Environmental Edu14 cation Act (20 U.S.C. 5503) is amended—

15 (1) in subsection (b)—

16 (A) in paragraph (1), by inserting ‘‘objec17 tive and scientifically sound’’ after ‘‘support’’;

18 (B) by striking paragraph (6);

19 (C) by redesignating paragraphs (7)

20 through (13) as paragraphs (6) through (12), re21 spectively; and

22 (D) in paragraph (12) (as so redesignated),

23 by inserting before the period at the end the fol24 lowing: ‘‘through the headquarters and the re25 gional offices of the Agency’’; and
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1 (2) by striking subsection (c) and inserting the

2 following:

3 ‘‘(c) STAFF.—The Office of Environmental Education

4 shall—

5 ‘‘(1) include a headquarters staff of not more

6 than 10 full-time equivalent employees; and

7 ‘‘(2) be supported by 1 full-time equivalent em8 ployee in each regional office of the Agency.

9 ‘‘(d) ACTIVITIES.—The Administrator may carry out

10 the activities described in subsection (b) directly or through

11 awards of grants, cooperative agreements, or contracts.’’.

12 SEC. 1703. ENVIRONMENTAL EDUCATION GRANTS.

13 Section 6 of the John H. Chafee Environmental Edu14 cation Act (20 U.S.C. 5505) is amended—

15 (1) in the second sentence of subsection (i), by

16 striking ‘‘25 percent’’ and inserting ‘‘15 percent’’; and

17 (2) by adding at the end the following:

18 ‘‘(j) LOBBYING ACTIVITIES.—A grant under this sec19 tion may not be used to support a lobbying activity (as

20 described in the documents issued by the Office of Manage21 ment and Budget and designated as OMB Circulars No.

22 A–21 and No. A–122).

23 ‘‘(k) GUIDANCE REVIEW.—Before the Administrator

24 issues any guidance to grant applicants, the guidance shall

25 be reviewed and approved by the Science Advisory Board
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1 of the Agency established by section 8 of the Environmental

2 Research, Development, and Demonstration Authorization

3 Act of 1978 (42 U.S.C. 4365).’’.

4 SEC. 1704. JOHN H. CHAFEE MEMORIAL FELLOWSHIP PRO5 GRAM.

6 (a) IN GENERAL.—Section 7 of the John H. Chafee

7 Environmental Education Act (20 U.S.C. 5506) is amended

8 to read as follows:

9 ‘‘SEC. 7. JOHN H. CHAFEE MEMORIAL FELLOWSHIP PRO10 GRAM.

11 ‘‘(a) ESTABLISHMENT.—There is established the John

12 H. Chafee Memorial Fellowship Program for the award and

13 administration of 5 annual 1-year higher education fellow14 ships in environmental sciences and public policy, to be

15 known as ‘John H. Chafee Fellowships’.

16 ‘‘(b) PURPOSE.—The purpose of the John H. Chafee

17 Memorial Fellowship Program is to stimulate innovative

18 graduate level study and the development of expertise in

19 complex, relevant, and important environmental issues and

20 effective approaches to addressing those issues through orga21 nized programs of guided independent study and environ22 mental research.

23 ‘‘(c) AWARD.—Each John H. Chafee Fellowship

24 shall—
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1 ‘‘(1) be made available to individual candidates

2 through a sponsoring institution and in accordance

3 with an annual competitive selection process estab4 lished under subsection (f)(3); and

5 ‘‘(2) be in the amount of $25,000.

6 ‘‘(d) FOCUS.—Each John H. Chafee Fellowship shall

7 focus on an environmental, natural resource, or public

8 health protection issue that a sponsoring institution deter9 mines to be appropriate.

10 ‘‘(e) SPONSORING INSTITUTIONS.—The John H. Chafee

11 Fellowships may be applied for through any sponsoring in12 stitution.

13 ‘‘(f) PANEL.—

14 ‘‘(1) IN GENERAL.—The National Environmental

15 Education Advisory Council established by section

16 9(a) shall administer the John H. Chafee Fellowship

17 Panel.

18 ‘‘(2) MEMBERSHIP.—The Panel shall consist of 5

19 members, appointed by a majority vote of members of

20 the National Environmental Education Advisory

21 Council, of whom—

22 ‘‘(A) 2 members shall be professional edu23 cators in higher education;

24 ‘‘(B) 2 members shall be environmental sci25 entists; and
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1 ‘‘(C) 1 member shall be a public environ2 mental policy analyst.

3 ‘‘(3) DUTIES.—The Panel shall—

4 ‘‘(A) establish criteria for a competitive se5 lection process for recipients of John H. Chafee

6 Fellowships;

7 ‘‘(B) receive applications for John H.

8 Chafee Fellowships; and

9 ‘‘(C) annually review applications and se10 lect recipients of John H. Chafee Fellowships.

11 ‘‘(g) DISTRIBUTION OF FUNDS.—The amount of each

12 John H. Chafee Fellowship shall be provided directly to

13 each recipient selected by the Panel upon receipt of a certifi14 cation from the recipient that the recipient will adhere to

15 a specific and detailed plan of study and research.

16 ‘‘(h) FUNDING.—From amounts made available under

17 section 13(b)(1)(C) for each fiscal year, the Office of Envi18 ronmental Education shall make available—

19 ‘‘(1) $125,000 for John H. Chafee Memorial Fel20 lowships; and

21 ‘‘(2) $12,500 to pay administrative expenses in22 curred in carrying out the John H. Chafee Memorial

23 Fellowship Program.’’.
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1 (b) DEFINITIONS.—Section 3 of the John H. Chafee

2 Environmental Education Act (20 U.S.C. 5502) is

3 amended—

4 (1) in paragraph (12), by striking ‘‘and’’ at the

5 end;

6 (2) in paragraph (13), by striking the period at

7 the end and inserting a semicolon; and

8 (3) by adding at the end the following:

9 ‘‘(14) ‘Panel’ means the John H. Chafee Fellow10 ship Panel established under section 7(f);

11 ‘‘(15) ‘sponsoring institution’ means an institu12 tion of higher education;’’.

13 (c) CONFORMING AMENDMENT.—The table of contents

14 in section 1(b) of the John H. Chafee Environmental Edu15 cation Act (20 U.S.C. prec. 5501) is amended by striking

16 the item relating to section 7 and inserting the following:

‘‘Sec. 7. John H. Chafee Memorial Fellowship Program.’’.

17 SEC. 1705. NATIONAL ENVIRONMENTAL EDUCATION

18 AWARDS.

19 (a) IN GENERAL.—Section 8 of the John H. Chafee

20 Environmental Education Act (20 U.S.C. 5507) is amended

21 to read as follows:

22 ‘‘SEC. 8. NATIONAL ENVIRONMENTAL EDUCATION AWARDS.

23 ‘‘(a) PRESIDENT’S ENVIRONMENTAL YOUTH

24 AWARDS.—The Administrator may establish a program for

25 the granting and administration of awards, to be known
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1 as ‘President’s Environmental Youth Awards’, to young

2 people in grades kindergarten through 12 to recognize out3 standing projects to promote local environmental aware4 ness.

5 ‘‘(b) TEACHERS’ AWARDS.—

6 ‘‘(1) IN GENERAL.—The Chairman of the Coun7 cil on Environmental Quality, on behalf of the Presi8 dent, may establish a program for the granting and

9 administration of awards to recognize—

10 ‘‘(A) teachers in elementary schools and sec11 ondary schools who demonstrate excellence in ad12 vancing objective and scientifically sound envi13 ronmental education through innovative ap14 proaches; and

15 ‘‘(B) the local educational agencies of the

16 recognized teachers.

17 ‘‘(2) ELIGIBILITY.—One teacher, and the local

18 education agency employing the teacher, from each

19 State, the District of Columbia, and the Common20 wealth of Puerto Rico, shall be eligible to be selected

21 for an award under this subsection.

22 ‘‘(3) AUTHORIZATION.—The Chairman is au23 thorized to provide a cash award of up to $2,500 to

24 each teacher selected to receive an award pursuant to

25 this section, which shall be used to further the recipi-
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1 ent’s professional development in environmental edu2 cation. The Chairman is also authorized to provide a

3 cash award of up to $2,500 to the local educational

4 agency employing any teacher selected to receive an

5 award pursuant to this section, which shall be used

6 to fund environmental educational activities and pro7 grams. Such awards may not be used for construction

8 costs, general expenses, salaries, bonuses, or other ad9 ministrative expenses.

10 ‘‘(4) ADMINISTRATION.—The Chairman of the

11 Council on Environmental Quality may administer

12 this awards program through a cooperative agreement

13 with the National Environmental Learning Founda14 tion.’’.

15 (b) DEFINITIONS.—Section 3 of the John H. Chafee

16 Environmental Education Act (20 U.S.C. 5502) (as amend17 ed by section 1704(b)) is amended by adding at the end

18 the following:

19 ‘‘(16) ‘elementary school’ has the meaning given

20 the term in section 14101 of the Elementary and Sec21 ondary Education Act of 1965 (20 U.S.C. 8801);

22 ‘‘(17) ‘secondary school’ has the meaning given

23 the term in section 14101 of the Elementary and Sec24 ondary Education Act of 1965 (20 U.S.C. 8801);’’.
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1 (c) CONFORMING AMENDMENT.—The table of contents

2 in section 1(b) of the John H. Chafee Environmental Edu3 cation Act (20 U.S.C. prec. 5501) is amended by striking

4 the item relating to section 8 and inserting the following:

‘‘Sec. 8. National environmental education awards.’’.

5 SEC. 1706. ENVIRONMENTAL EDUCATION ADVISORY COUN6 CIL AND TASK FORCE.

7 Section 9 of the John H. Chafee Environmental Edu8 cation Act (20 U.S.C. 5508) is amended—

9 (1) in subsection (b)(2)—

10 (A) by striking ‘‘(2) The’’ and all that fol11 lows through the end of the second sentence and

12 inserting the following:

13 ‘‘(2) MEMBERSHIP.—

14 ‘‘(A) IN GENERAL.—The Advisory Council

15 shall consist of not more than 11 members ap16 pointed by the Administrator after consultation

17 with the Secretary.

18 ‘‘(B) REPRESENTATIVES OF SECTORS.—To

19 the maximum extent practicable, the Adminis20 trator shall appoint to the Advisory Council at

21 least 2 members to represent each of—

22 ‘‘(i) elementary schools and secondary

23 schools;

24 ‘‘(ii) colleges and universities;
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1 ‘‘(iii) not-for-profit organizations in2 volved in environmental education;

3 ‘‘(iv) State departments of education

4 and natural resources; and

5 ‘‘(v) business and industry.’’;

6 (B) in the third sentence, by striking ‘‘A

7 representative’’ and inserting the following:

8 ‘‘(C) REPRESENTATIVE OF THE SEC9 RETARY.—A representative’’; and

10 (C) in the last sentence, by striking ‘‘The

11 conflict’’ and inserting the following:

12 ‘‘(D) CONFLICTS OF INTEREST.—The con13 flict’’;

14 (2) in subsection (c), by striking paragraph (2)

15 and inserting the following:

16 ‘‘(2) MEMBERSHIP.—Membership on the Task

17 Force shall be open to representatives of any Federal

18 agency actively engaged in environmental edu19 cation.’’; and

20 (3) in subsection (d), by striking ‘‘(d)(1)’’ and

21 all that follows through ‘‘(2) The’’ and inserting the

22 following:

23 ‘‘(d) MEETINGS AND REPORTS.—

24 ‘‘(1) IN GENERAL.—The Advisory Council

25 shall—
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1 ‘‘(A) hold biennial meetings on timely issues

2 regarding environmental education; and

3 ‘‘(B) issue a report describing the pro4 ceedings of each meeting and recommendations

5 resulting from the meeting.

6 ‘‘(2) REVIEW AND COMMENT ON DRAFT RE7 PORTS.—The’’.

8 SEC. 1707. NATIONAL ENVIRONMENTAL LEARNING FOUN9 DATION.

10 (a) CHANGE IN NAME.—

11 (1) IN GENERAL.—Section 10 of the John H.

12 Chafee Environmental Education Act (20 U.S.C.

13 5509) is amended—

14 (A) by striking the section heading and in15 serting the following:

16 ‘‘SEC. 10. NATIONAL ENVIRONMENTAL LEARNING FOUNDA17 TION.’’;

18 and

19 (B) in the first sentence of subsection

20 (a)(1)(A), by striking ‘‘National Environmental

21 Education and Training Foundation’’ and in22 serting ‘‘National Environmental Learning

23 Foundation’’.

24 (2) CONFORMING AMENDMENTS.—
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1 (A) The table of contents in section 1(b) of

2 the John H. Chafee Environmental Education

3 Act (20 U.S.C. prec. 5501) is amended by strik4 ing the item relating to section 10 and inserting

5 the following:

‘‘Sec. 10. National Environmental Learning Foundation.’’.

6 (B) Section 3 of the John H. Chafee Envi7 ronmental Education Act (20 U.S.C. 5502) (as

8 amended by section 1704(b)) is amended—

9 (i) by striking paragraph (12) and in10 serting the following:

11 ‘‘(12) ‘Foundation’ means the National Environ12 mental Learning Foundation established by section

13 10;’’; and

14 (ii) in paragraph (13), by striking

15 ‘‘National Environmental Education and

16 Training Foundation’’ and inserting

17 ‘‘Foundation’’.

18 (b) NUMBER OF DIRECTORS.—Section 10(b)(1)(A) of

19 the John H. Chafee Environmental Education Act (20

20 U.S.C. 5509(b)(1)(A)) is amended in the first sentence by

21 striking ‘‘13’’ and inserting ‘‘19’’.

22 (c) ACKNOWLEDGMENT OF DONORS.—Section 10(d) of

23 the John H. Chafee Environmental Education Act (20

24 U.S.C. 5509(d)) is amended by striking paragraph (3) and

25 inserting the following:
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1 ‘‘(3) ACKNOWLEDGMENT OF DONORS.—The

2 Foundation may acknowledge receipt of donations by

3 means of a listing of the names of donors in materials

4 distributed by the Foundation, except that any such

5 acknowledgment—

6 ‘‘(A) shall not appear in educational mate7 rial presented to students; and

8 ‘‘(B) shall not identify a donor by means of

9 a logo, letterhead, or other corporate commercial

10 symbol, slogan, or product.’’.

11 (d) ADMINISTRATIVE SERVICES AND SUPPORT.—Sec12 tion 10(e) of the John H. Chafee Environmental Education

13 Act (20 U.S.C. 5509(e)) is amended in the first sentence

14 by striking ‘‘for a period of up to 4 years from the date

15 of enactment of this Act,’’.

16 SEC. 1708. THEODORE ROOSEVELT ENVIRONMENTAL STEW17 ARDSHIP GRANT PROGRAM.

18 (a) IN GENERAL.—The John H. Chafee Environ19 mental Education Act is amended—

20 (1) by redesignating section 11 (20 U.S.C. 5510)

21 as section 13; and

22 (2) by inserting after section 10 the following:

23 ‘‘SEC. 11. THEODORE ROOSEVELT ENVIRONMENTAL STEW24 ARDSHIP GRANT PROGRAM.

25 ‘‘(a) ESTABLISHMENT.—
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1 ‘‘(1) IN GENERAL.—There is established a grant

2 program to be known as the ‘Theodore Roosevelt En3 vironmental Stewardship Grant Program’ (referred to

4 in this section as the ‘Program’) for the award and

5 administration of grants to consortia of institutions

6 of higher education to pay the Federal share of the

7 cost of carrying out collaborative student, campus,

8 and community-based environmental stewardship ac9 tivities.

10 ‘‘(2) FEDERAL SHARE.—The Federal share shall

11 be 75 percent.

12 ‘‘(b) PURPOSE.—The purpose of the Program is to

13 build awareness of, encourage commitment to, and promote

14 participation in environmental stewardship—

15 ‘‘(1) among students at institutions of higher

16 education; and

17 ‘‘(2) in the relationship between—

18 ‘‘(A) such students and campuses; and

19 ‘‘(B) the communities in which the students

20 and campuses are located.

21 ‘‘(c) AWARD.—Grants under the Program shall be

22 made available to consortia of institutions of higher edu23 cation in accordance with an annual competitive selection

24 process established under subsection (d)(2)(A).

25 ‘‘(d) ADMINISTRATION.—
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1 ‘‘(1) IN GENERAL.—The Office of Environmental

2 Education established under section 4 shall admin3 ister the Program.

4 ‘‘(2) DUTIES.—The Office of Environmental

5 Education shall—

6 ‘‘(A) establish criteria for a competitive se7 lection process for recipients of grants under the

8 Program;

9 ‘‘(B) receive applications for grants under

10 the Program; and

11 ‘‘(C) annually review applications and se12 lect recipients of grants under the Program.

13 ‘‘(3) CRITERIA.—In establishing criteria for a

14 competitive selection process for recipients of grants

15 under the Program, the Office of Environmental Edu16 cation shall include, at a minimum, as criteria, the

17 extent to which a grant will—

18 ‘‘(A) directly facilitate environmental stew19 ardship activities, including environmental pro20 tection, preservation, or improvement activities;

21 and

22 ‘‘(B) stimulate the availability of other

23 funds for those activities.
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1 ‘‘(e) CONDITIONS ON USE OF FUNDS.—With respect to

2 the funds made available to carry out this section under

3 section 13(a)(1)—

4 ‘‘(1) not fewer than 6 grants each year shall be

5 awarded using those funds; and

6 ‘‘(2) no grant made using those funds shall be in

7 an amount that exceeds $500,000.’’.

8 (b) DEFINITIONS.—Section 3 of the John H. Chafee

9 Environmental Education Act (20 U.S.C. 5502) (as amend10 ed by section 1705(b)) is amended by adding at the end

11 the following:

12 ‘‘(18) ‘consortium of institutions of higher edu13 cation’ means a cooperative arrangement among 2 or

14 more institutions of higher education; and

15 ‘‘(19) ‘institution of higher education’ has the

16 meaning given the term in section 101 of the Higher

17 Education Act of 1965 (20 U.S.C. 1001).’’.

18 SEC. 1709. INFORMATION STANDARDS.

19 (a) IN GENERAL.—The John H. Chafee Environ20 mental Education Act is amended by inserting after section

21 11 (as added by section 1708(a)(2)) the following:

22 ‘‘SEC. 12. INFORMATION STANDARDS.

23 ‘‘In disseminating information under this Act, the Of24 fice of Environmental Education shall comply with the

25 guidelines issued by the Administrator under section 515
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1 of the Treasury and General Government Appropriations

2 Act, 2001 (44 U.S.C. 3516 note; 114 Stat. 2763A–153).’’.

3 (b) CONFORMING AMENDMENT.—The table of contents

4 in section 1(b) of the John H. Chafee Environmental Edu5 cation Act (20 U.S.C. prec. 5501) is amended by striking

6 the item relating to section 11 and inserting the following:

‘‘Sec. 11. Theodore Roosevelt Environmental Stewardship Grant Program.

‘‘Sec. 12. Information standards.

‘‘Sec. 13. Authorization of appropriations.’’.

7 SEC. 1710. AUTHORIZATION OF APPROPRIATIONS.

8 Section 13 of the John H. Chafee Environmental Edu9 cation Act (20 U.S.C. 5510) (as redesignated by section

10 1708(a)(1)) is amended—

11 (1) by redesignating subsection (c) as subsection

12 (d);

13 (2) by striking the section heading and sub14 sections (a) and (b) and inserting the following:

15 ‘‘SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

16 ‘‘(a) IN GENERAL.—There is authorized to be appro17 priated to the Environmental Protection Agency to carry

18 out this Act $13,000,000 for each of fiscal years 2002

19 through 2007, of which—

20 ‘‘(1) $3,000,000 for each fiscal year shall be used

21 to carry out section 11; and

22 ‘‘(2) $10,000,000 for each fiscal year shall be al23 located in accordance with subsection (b).

24 ‘‘(b) LIMITATIONS.—
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1 ‘‘(1) IN GENERAL.—Subject to paragraph (2), of

2 the amounts made available under subsection (a)(2)

3 for each fiscal year—

4 ‘‘(A) not more than 25 percent may be used

5 for the activities of the Office of Environmental

6 Education established under section 4;

7 ‘‘(B) not more than 25 percent may be used

8 for the operation of the environmental education

9 and training program under section 5;

10 ‘‘(C) not less than 38 percent shall be used

11 for environmental education grants under section

12 6 and for the John H. Chafee Memorial Fellow13 ship Program under section 7; and

14 ‘‘(D) 10 percent shall be used for the activi15 ties of the Foundation under section 10; and

16 ‘‘(E) not less than 2 percent shall be avail17 able to support Teachers’ Awards under section

18 8(b).

19 ‘‘(2) ADMINISTRATIVE EXPENSES.—Of the

20 amounts made available under paragraph (1)(A) for

21 each fiscal year, not more than 10 percent may be

22 used for administrative expenses of the Office of Envi23 ronmental Education.

24 ‘‘(c) EXPENSE REPORT.—As soon as practicable after

25 the end of each fiscal year, the Administrator shall submit
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1 to Congress a report describing in detail the activities for

2 which funds appropriated for the fiscal year were ex3 pended.’’; and

4 (3) in subsection (d) (as redesignated by para5 graph (1))—

6 (A) by striking ‘‘National Environmental

7 Education and Training Foundation’’ and in8 serting ‘‘Foundation’’; and

9 (B) in paragraph (2), by striking ‘‘section

10 10(d) of this Act’’ and inserting ‘‘section 10(e)’’.

Attest:

Secretary.
107TH CONGRESS

1ST SESSION H. R. 1

AMENDMENT







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