IB 

Union Calendar No. 38 

107TH CONGRESS 

1ST SESSION H. R. 1 

[Report No. 107–63, Part I] 

To close the achievement gap with accountability, flexibility, and choice, 

so that no child is left behind. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 22, 2001 

Mr. BOEHNER (for himself, Mr. CASTLE, Mr. MCKEON, Mr. HASTERT, Mr. 

ARMEY, Mr. DELAY, Mr. WATTS of Oklahoma, Ms. PRYCE of Ohio, Mr. 

DREIER, Mr. PETRI, Mr. SCHAFFER, Mr. ISAKSON, Mr. BALLENGER, Mr. 

SAM JOHNSON of Texas, Mr. GREENWOOD, Mr. GRAHAM, Mr. NORWOOD, 

Mr. UPTON, Mr. HILLEARY, Mr. EHLERS, Mr. FLETCHER, Mr. DEMINT, 

Mrs. BIGGERT, Mr. TIBERI, Mr. KELLER, Mr. OSBORNE, Mr. 

CULBERSON, Mr. OXLEY, Mr. NUSSLE, Mr. WOLF, Mr. GEKAS, Mr. 

COMBEST, Mr. KOLBE, Mr. BAKER, Mr. WELDON of Pennsylvania, Mr. 

SHAYS, Mr. GILLMOR, Mr. GOSS, Mr. CAMP, Mr. CUNNINGHAM, Mr. 

HOBSON, Mr. BACHUS, Mr. CALVERT, Mr. COLLINS, Mr. DEAL of Georgia, Mr. DIAZ-BALART, Mr. HORN, Mr. KINGSTON, Mr. LINDER, Mr. 

MCINNIS, Mr. MILLER of Florida, Mr. ROYCE, Mr. PORTMAN, Mr. BARR

of Georgia, Mr. BURR of North Carolina, Mr. CHAMBLISS, Mr. EHRLICH, 

Mr. LATOURETTE, Mr. RADANOVICH, Mr. COOKSEY, Mrs. NORTHUP, Mr. 

PETERSON of Pennsylvania, Mr. PICKERING, Mr. SHIMKUS, Mr. 

SUNUNU, Mr. FOSSELLA, Mrs. BONO, Mr. GREEN of Wisconsin, Mr. 

HAYES, Mr. GARY MILLER of California, Mr. OSE, Mr. SWEENEY, Mr. 

CRENSHAW, Ms. HART, Mr. ISSA, Mr. PUTNAM, and Mr. SCHROCK) introduced the following bill; which was referred to the Committee on Education and the Workforce 


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MAY 14, 2001 

Additional sponsors: Ms. GRANGER, Mr. FRELINGHUYSEN, Mr. MICA, Mr. 

TIAHRT, Mr. BONILLA, Mr. TRAFICANT, Mr. BROWN of South Carolina, 

and Mrs. ROUKEMA

MAY 14, 2001 

Reported with an amendment and referred to the Committee on the Judiciary 

for a period ending not later than May 15, 2001, for consideration of 

such provisions of the bill and amendment as fall within the jurisdiction 

of that committee pursuant to clause 1(k), rule X 

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

MAY 15, 2001 

The Committee on the Judiciary discharged; committed to the Committee of 

the Whole House on the State of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on March 22, 2001] 

A BILL 

To close the achievement gap with accountability, flexibility, 

and choice, so that no child is left behind. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘No Child Left Behind 

5 Act of 2001’’. 

6 SEC. 2. REFERENCES. 

7 Except as otherwise specifically provided in this Act, 

8 whenever in this Act an amendment or repeal is expressed 

9 as the amendment or repeal of a section or other provision, 

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

11 other provision of the Elementary and Secondary Edu12 cation Act of 1965 (20 U.S.C. 6301 et seq.). 


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1 SEC. 3. TRANSITION. 

2 Except as otherwise specifically provided in this Act, 

3 or any amendment made by this Act, any person or agency 

4 that was awarded a grant under the Elementary and Sec5 ondary Education Act of 1965 (20 U.S.C. 6301 et seq.) 

6 prior to the date of the enactment of this Act shall continue 

7 to receive funds in accordance with the terms of such award, 

8 except that such funds may not be provided after the date 

9 that is one year after the effective date of this Act. 

10 SEC. 4. TABLE OF CONTENTS. 

11 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. References. 

Sec. 3. Transition. 

Sec. 4. Table of contents. 

Sec. 5. Effective date. 

TITLE I—IMPROVING THE ACADEMIC PERFORMANCE OF THE 

DISADVANTAGED 

PART A—BASIC PROGRAM

Sec. 101. Disadvantaged children meet high academic standards. 

Sec. 102. Authorization of appropriations. 

Sec. 103. Reservation for school improvement. 

Sec. 104. Basic programs. 

Sec. 105. School choice. 

Sec. 106. Academic assessment and local educational agency and school improvement. 

Sec. 107. State assistance for school support and improvement. 

Sec. 108. Academic achievement awards program. 

PART B—STUDENT READING SKILLS IMPROVEMENT GRANTS

Sec. 111. Reading first; early reading first. 

Sec. 112. Amendments to Even Start. 

Sec. 113. Inexpensive book distribution program. 

PART C—EDUCATION OF MIGRATORY CHILDREN

Sec. 121. State allocations. 

Sec. 122. State applications; services. 

Sec. 123. Authorized activities. 

Sec. 124. Coordination of migrant education activities. 


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PART D—NEGLECTED OR DELINQUENT YOUTH

Sec. 131. Neglected or delinquent youth. 

Sec. 132. Findings. 

Sec. 133. Allocation of funds. 

Sec. 134. State plan and State agency applications. 

Sec. 135. Use of funds. 

Sec. 136. Transition services. 

Sec. 137. Purpose. 

Sec. 138. Programs operated by local educational agencies. 

Sec. 139. Local educational agency applications. 

Sec. 140. Uses of funds. 

Sec. 141. Program requirements. 

Sec. 142. Program evaluations. 

PART E—FEDERAL EVALUATIONS AND DEMONSTRATIONS

Sec. 151. Evaluations. 

Sec. 152. Demonstrations of innovative practices. 

Sec. 153. Ellender-close up fellowship program; dropout reporting. 

PART F—COMPREHENSIVE SCHOOL REFORM

Sec. 161. School reform. 

PART G—RURAL EDUCATION FLEXIBILITY AND ASSISTANCE

Sec. 171. Rural education. 

PART H—GENERAL PROVISIONS OF TITLE I 

Sec. 181. General provisions. 

TITLE II—PREPARING, TRAINING, AND RECRUITING QUALITY 

TEACHERS 

Sec. 201. Teacher quality training and recruiting fund. 

Sec. 202. National writing project. 

Sec. 203. Civic education; teacher liability protection. 

TITLE III—EDUCATION OF LIMITED ENGLISH PROFICIENT AND 

IMMIGRANT CHILDREN; INDIAN AND ALASKA NATIVE EDUCATION 

PART A—EDUCATION OF LIMITED ENGLISH PROFICIENT AND IMMIGRANT

CHILDREN

Sec. 301. Programs authorized. 

Sec. 302. Conforming amendment to Department of Education Organization Act. 

PART B—INDIAN AND ALASKA NATIVE EDUCATION

Sec. 311. Elementary and Secondary Education Act of 1965. 

Sec. 312. Alaska Native education. 

Sec. 313. Amendments to the education amendments of 1978. 

Sec. 314. Tribally Controlled Schools Act of 1988. 


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TITLE IV—PROMOTING INFORMED PARENTAL CHOICE AND 

INNOVATIVE PROGRAMS 

PART A—INNOVATIVE PROGRAMS

Sec. 401. Promoting informed parental choice and innovative programs. 

Sec. 402. Continuation of awards. 

PART B—PUBLIC CHARTER SCHOOLS

Sec. 411. Public charter schools. 

Sec. 412. Continuation of awards. 

PART C—MAGNET SCHOOLS ASSISTANCE; WOMEN’S EDUCATIONAL EQUITY

Sec. 421. Magnet schools assistance. 

Sec. 422. Women’s educational equity. 

Sec. 423. Continuation of awards. 

TITLE V—21ST CENTURY SCHOOLS 

Sec. 501. Safe schools. 

TITLE VI—IMPACT AID PROGRAM 

Sec. 601. Payments under section 8002 with respect to fiscal years in which insufficient funds are appropriated. 

Sec. 602. Calculation of payment under section 8003 for small local educational 

agencies. 

Sec. 603. Construction. 

Sec. 604. State consideration of payments in providing State aid. 

Sec. 605. Authorization of appropriations. 

Sec. 606. Redesignation of program. 

TITLE VII—ACCOUNTABILITY 

Sec. 701. Flexibility and accountability. 

TITLE VIII—GENERAL PROVISIONS 

Sec. 801. General provisions. 

Sec. 802. Comprehensive regional assistance centers. 

Sec. 803. National diffusion network. 

Sec. 804. Eisenhower regional mathematics and science education consortia. 

Sec. 805. Technology-based technical assistance. 

Sec. 806. Regional technical support and professional development. 

TITLE IX—MISCELLANEOUS PROVISIONS 

PART A—AMENDMENTS TO OTHER ACTS

SUBPART 1—NATIONAL EDUCATION STATISTICS ACT

Sec. 901. Amendment to NESA. 

SUBPART 2—HOMELESS EDUCATION

Sec. 911. Short title. 

Sec. 912. Findings. 

Sec. 913. Purpose. 


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Sec. 914. Education for homeless children and youth. 

Sec. 915. Technical amendment. 

PART B—REPEALS

Sec. 921. Repeals. 

1 SEC. 5. EFFECTIVE DATE. 

2 Except as otherwise specifically provided in this Act, 

3 this Act, and the amendments made by this Act, shall take 

4 effect on October 1, 2001, or on the date of the enactment 

5 of this Act, whichever occurs later. 

6 TITLE I—IMPROVING THE ACA7 DEMIC PERFORMANCE OF 

8 THE DISADVANTAGED 

9 PART A—BASIC PROGRAM 

10 SEC. 101. DISADVANTAGED CHILDREN MEET HIGH ACA11 DEMIC STANDARDS. 

12 Section 1001 is amended to read as follows: 

13 ‘‘SEC. 1001. FINDINGS; STATEMENT OF PURPOSE; AND REC14 OGNITION OF NEED. 

15 ‘‘(a) FINDINGS.—Congress finds the following: 

16 ‘‘(1) The Constitution of the United States re17 serves to the States and to the people the responsi18 bility for the general supervision of public education 

19 in kindergarten through the twelfth grade. 

20 ‘‘(2) States, local educational agencies and 

21 schools should be given maximum flexibility in ex22 change for greater academic accountability, and be 


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1 given greater freedom to build upon existing innova2 tive approaches for education reform. 

3 ‘‘(3) The best education decisions are made by 

4 those who know the students and who are responsible 

5 for implementing the decisions. 

6 ‘‘(4) Educators and parents should retain the 

7 right and responsibility to educate their pupils and 

8 children free of excessive regulation by the Federal 

9 Government. 

10 ‘‘(5) The Supreme Court has regarded the right 

11 of parents to direct the upbringing of their children 

12 as a fundamental right implicit in the concept of or13 dered liberty within the 14th Amendment to the Con14 stitution, as specified in Meyer v. Nebraska, 262 U.S. 

15 390 (1923), and Pierce v. Society of Sisters, 268 U.S. 

16 510 (1925). 

17 ‘‘(6) Schools that enroll high concentrations of 

18 children living in poverty face the greatest challenges, 

19 but effective educational strategies based on scientif20 ically based research can succeed in educating chil21 dren to high academic standards. 

22 ‘‘(7) High-poverty schools are much more likely 

23 to be identified as failing to meet State academic 

24 standards for satisfactory progress. As a result, these 

25 schools are generally the most in need of additional 


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1 resources and technical assistance to build the capac2 ity of these schools to address the many needs of their 

3 students. 

4 ‘‘(8) The educational progress of children par5 ticipating in programs under this title is closely asso6 ciated with their being taught by a highly qualified 

7 staff, particularly in schools with the highest con8 centrations of poverty, where paraprofessionals, 

9 uncertified teachers, and teachers teaching out of field 

10 frequently provide instructional services. 

11 ‘‘(9) Congress and the public would benefit from 

12 additional data evaluating the efficacy of the Elemen13 tary and Secondary Education Act of 1965. 

14 ‘‘(10) Schools operating programs assisted under 

15 this part must be held accountable for the educational 

16 achievement of their students, when those students fail 

17 to demonstrate progress in achieving high academic 

18 standards, local educational agencies and States must 

19 take significant actions to improve the educational 

20 opportunities available to them. 

21 ‘‘(b) PURPOSE AND INTENT.—The purpose and intent 

22 of this title are to ensure that all children have a fair and 

23 equal opportunity to obtain a high-quality education. 

24 ‘‘(c) RECOGNITION OF NEED.—The Congress recognizes 

25 the following: 


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1 ‘‘(1) Educational needs are particularly great for 

2 low-achieving children in our Nation’s highest-poverty 

3 schools, children with limited English proficiency, 

4 children of migrant workers, children with disabil5 ities, Indian children, children who are neglected or 

6 delinquent, and young children who are in need of 

7 reading assistance and family literacy assistance. 

8 ‘‘(2) Despite more than 3 decades of Federal as9 sistance, a sizable achievement gap remains between 

10 minority and nonminority students, and between dis11 advantaged students and their more advantaged 

12 peers. 

13 ‘‘(3) Too many students attend local schools that 

14 fail to provide them with a quality education, and 

15 are given no alternatives to enable them to receive a 

16 quality education. 

17 ‘‘(4) States, local educational agencies, and 

18 schools need to be held accountable for improving the 

19 academic achievement of all students, and for identi20 fying and turning around low-performing schools. 

21 ‘‘(5) States and local educational agencies need 

22 to ensure that high quality academic assessments, ac23 countability systems, teacher preparation and train24 ing, curriculum, and instructional materials are 

25 aligned with challenging State academic standards so 


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1 that students, teachers, parents, and administrators 

2 can measure progress against common expectations 

3 for student academic achievement. 

4 ‘‘(6) Federal education assistance is intended not 

5 only to increase pupil achievement overall, but also 

6 more specifically and importantly, to help ensure that 

7 all students, especially the disadvantaged, meet chal8 lenging academic achievement standards. It can only 

9 be determined if schools, local educational agencies, 

10 and States are reaching this goal if student achieve11 ment results are reported specifically by disadvan12 taged and minority status.’’. 

13 SEC. 102. AUTHORIZATION OF APPROPRIATIONS. 

14 Section 1002 is amended to read as follows: 

15 ‘‘SEC. 1002. AUTHORIZATION OF APPROPRIATIONS. 

16 ‘‘(a) LOCAL EDUCATIONAL AGENCY GRANTS.—For the 

17 purpose of carrying out part A, other than section 1120(e), 

18 there are authorized to be appropriated $11,500,000,000 for 

19 fiscal year 2002, $13,000,000,000 for fiscal year 2003, 

20 $14,500,000,000 for fiscal year 2004, $16,000,000,000 for 

21 fiscal year 2005, and $17,200,000,000 for fiscal year 2006. 

22 ‘‘(b) STUDENT READING SKILLS IMPROVEMENT

23 GRANTS.— 

24 ‘‘(1) READING FIRST.—For the purpose of car25 rying out subpart 1 of part B, there are authorized 


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

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

3 4 succeeding fiscal years. 

4 ‘‘(2) EARLY READING FIRST.—For the purpose of 

5 carrying out subpart 2 of part B, there are authorized 

6 to be appropriated $75,000,000 for fiscal year 2002 

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

8 4 succeeding fiscal years. 

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

10 out subpart 3 of part B, there are authorized to be 

11 appropriated $275,000,000 for fiscal year 2002 and 

12 such sums as may be necessary for each of the 4 suc13 ceeding fiscal years. 

14 ‘‘(4) INEXPENSIVE BOOK DISTRIBUTION PRO15 GRAM.—For the purpose of carrying out subpart 4 of 

16 part B, there are authorized to be appropriated such 

17 sums as may be necessary for fiscal year 2002 and 

18 each of the 4 succeeding fiscal years. 

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

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

21 appropriated $420,000,000 for fiscal year 2002 and such 

22 sums as may be necessary for each of the 4 succeeding fiscal 

23 years. 

24 ‘‘(d) PREVENTION AND INTERVENTION PROGRAMS FOR

25 YOUTH WHO ARE NEGLECTED, DELINQUENT, OR AT RISK


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

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

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

4 each of the 4 succeeding fiscal years. 

5 ‘‘(e) COMPREHENSIVE SCHOOL REFORM.—For the 

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

7 appropriated $260,000,000 for fiscal year 2002 and such 

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

9 years. 

10 ‘‘(f) RURAL EDUCATION.—For the purpose of carrying 

11 out part G, there are authorized to be appropriated 

12 $300,000,000 for fiscal year 2002 and such sums as may 

13 be necessary for each of 4 succeeding fiscal years to be dis14 tributed equally between subparts 1 and 2. 

15 ‘‘(g) CAPITAL EXPENSES.—For the purpose of car16 rying out section 1120(e), there are authorized to be appro17 priated $6,000,000 for fiscal year 2002, and such sums as 

18 may be necessary for fiscal year 2003. 

19 ‘‘(h) FEDERAL ACTIVITIES.— 

20 ‘‘(1) SECTIONS 1501 AND 1502.—(A) For the pur21 pose of carrying out section 1501, there are author22 ized to be appropriated $9,000,000 for fiscal year 

23 2002 and such sums as may be necessary for each of 

24 the 4 succeeding fiscal years. 


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1 ‘‘(B) For the purpose of carrying out section 

2 1502, there are authorized to be appropriated such 

3 sums as may be necessary for fiscal year 2002 and 

4 for each of the 4 succeeding fiscal years. 

5 ‘‘(2) SECTION 1503.—For the purpose of carrying 

6 out section 1503, there are authorized to be appro7 priated such sums as may be necessary for fiscal year 

8 2002 and for each of the 4 succeeding fiscal years. 

9 ‘‘(i) STATE ADMINISTRATION.— 

10 ‘‘(1) STATE RESERVATION.—Each State may re11 serve, from the sum of the amounts it receives under 

12 parts A, C, and D of this title, an amount equal to 

13 the greater of 1 percent of the amount it received 

14 under such parts for fiscal year 2001, or $400,000 

15 ($50,000 for each outlying area), including any funds 

16 it receives under paragraph (2), to carry out admin17 istrative duties assigned under parts A, C, and D. 

18 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— 

19 There are authorized to be appropriated $10,000,000 

20 for fiscal year 2002 and such sums as may be nec21 essary for each of the 4 succeeding fiscal years for ad22 ditional State administration grants. Any such addi23 tional grants shall be allocated among the States in 

24 proportion to the sum of the amounts received by each 


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1 State for that fiscal year under parts A, C, and D of 

2 this title. 

3 ‘‘(3) SPECIAL RULE.—The amount received by 

4 each State under paragraphs (1) and (2) may not ex5 ceed the amount of State funds expended by the State 

6 educational agency to administer elementary and sec7 ondary education programs in such State. 

8 ‘‘(j) ASSISTANCE FOR LOCAL SCHOOL IMPROVE9 MENT.— 

10 ‘‘(1) PROGRAM AUTHORIZED.—The Secretary 

11 shall award grants to States to provide subgrants to 

12 local educational agencies for the purpose of pro13 viding assistance for school improvement consistent 

14 with section 1116. Such grants shall be allocated 

15 among States, the Bureau of Indian Affairs, and the 

16 outlying areas, in proportion to the grants received 

17 by the State, the Bureau of Indian Affairs, and the 

18 outlying areas for the fiscal year under parts A, C, 

19 and D of this title. The Secretary shall expeditiously 

20 allocate a portion of such funds to States for the pur21 pose of assisting local educational agencies and 

22 schools that were in school improvement status on the 

23 date preceding the date of the enactment of the No 

24 Child Left Behind Act of 2001. 


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1 ‘‘(2) REALLOCATIONS.—If a State does not apply 

2 for funds under this subsection, the Secretary shall re3 allocate such funds to other States in the same pro4 portion funds are allocated under paragraph (1). 

5 ‘‘(3) STATE APPLICATIONS.—Each State edu6 cational agency that desires to receive funds under 

7 this subsection shall submit an application to the Sec8 retary at such time, and containing such information 

9 as the Secretary shall reasonably require, except that 

10 such requirement shall be waived if a State edu11 cational agency has submitted such information as 

12 part of its State plan under this part. Each State 

13 plan shall describe how such funds will be allocated 

14 to ensure that the State educational agency and local 

15 educational agencies comply with school improve16 ment, corrective action, and restructuring require17 ments of section 1116. 

18 ‘‘(4) LOCAL EDUCATIONAL AGENCY GRANTS.—A 

19 grant to a local educational agency under this sub20 section shall be— 

21 ‘‘(A) of sufficient size and scope to support 

22 the activities required under sections 1116 and 

23 1117, but not less than $50,000 and not more 

24 than $500,000 to each participating school; 


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1 ‘‘(B) integrated with funds awarded by the 

2 State under this Act; and 

3 ‘‘(C) renewable for 2 additional 1-year peri4 ods if schools are making yearly progress con5 sistent with State and local educational agency 

6 plans developed under section 1116. 

7 ‘‘(5) PRIORITY.—The State, in awarding such 

8 grants, shall give priority to local educational agen9 cies with the lowest achieving schools, that dem10 onstrate the greatest need for such funds, and that 

11 demonstrate the strongest commitment to making sure 

12 such funds are used to provide adequate resources to 

13 enable the lowest achieving schools to meet the yearly 

14 progress goals under State and local school improve15 ment, corrective action, and restructuring plans 

16 under section 1116. 

17 ‘‘(6) ADMINISTRATIVE COSTS.—A State edu18 cational agency that receives a grant award under 

19 this subsection may reserve not more than 5 percent 

20 of such award for administration, evaluation, and 

21 technical assistance expenses. 

22 ‘‘(7) LOCAL AWARDS.—Each local educational 

23 agency that applies for assistance under this sub24 section shall describe how it will provide the lowest 

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1 ly progress goals under State and local school im2 provement, corrective action, and restructuring plans 

3 under section 1116. 

4 ‘‘(8) AUTHORIZATION OF APPROPRIATIONS.—For 

5 the purpose of carrying out this subsection, there are 

6 authorized to be appropriated $500,000,000 for fiscal 

7 year 2002 and such sums as may be necessary for 

8 each of the 4 succeeding fiscal years.’’. 

9 SEC. 103. RESERVATION FOR SCHOOL IMPROVEMENT. 

10 Section 1003 is amended to read as follows: 

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

12 ‘‘(a) STATE RESERVATIONS.—Each State shall reserve 

13 1 percent of the amount it receives under subpart 2 of part 

14 A for fiscal years 2002 and 2003, and 3 percent of the 

15 amount received under such subpart for fiscal years 2004 

16 through 2006, to carry out subsection (b) and to carry out 

17 the State’s responsibilities under sections 1116 and 1117, 

18 including carrying out the State educational agency’s state19 wide system of technical assistance and support for local 

20 educational agencies. 

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

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

23 allocate at least 95 percent of that amount directly to local 

24 educational agencies for schools identified for school im25 provement, corrective action, and restructuring under secVerDate Mar 15 2010 15:07 Jun 10, 2011 Jkt 223001 PO 00000 Frm 00017 Fmt 6652 Sfmt 6203 E:\ERIC\H1.RH2 H1

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1 tion 1116(c) that have the greatest need for that assistance 

2 in amounts sufficient to have a significant impact in im3 proving those schools. 

4 ‘‘(c) PRIORITY.—The State educational agency, in al5 locating funds to local educational agencies under this sec6 tion, shall give priority to local educational agencies that— 

7 ‘‘(1) have the lowest achieving schools; 

8 ‘‘(2) demonstrate the greatest need for such 

9 funds; and 

10 ‘‘(3) demonstrate the strongest commitment to 

11 ensuring that such funds are used to enable the lowest 

12 achieving schools to meet the yearly progress goals 

13 under section 1116(b)(3)(A)(v). 

14 ‘‘(d) UNUSED FUNDS.—If, after consultation with 

15 local educational agencies in the State, the State edu16 cational agency determines that the amount of funds re17 served to carry out subsection (b) is greater than the 

18 amount needed to provide the assistance described in that 

19 subsection, it may allocate the excess amount to local edu20 cational agencies in accordance with either or both— 

21 ‘‘(1) the relative allocations it made to those 

22 agencies for that fiscal year under subpart 2 of part 

23 A; or 

24 ‘‘(2) section 1126(c). 


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1 ‘‘(e) SPECIAL RULE.—Notwithstanding any other pro2 vision of this section, the amount of funds reserved by the 

3 State under subsection (a) in any given fiscal year shall 

4 not decrease the amount of State funds each local edu5 cational agency receives below the amount received by such 

6 agency under subpart 2 in the preceding fiscal year.’’. 

7 SEC. 104. BASIC PROGRAMS. 

8 The heading for part A of title I and sections 1111 

9 through 1115 are amended to read as follows: 

10 ‘‘PART A—IMPROVING BASIC PROGRAMS 

11 OPERATED BY LOCAL EDUCATIONAL AGENCIES 

12 ‘‘Subpart 1—Basic Program Requirements 

13 ‘‘SEC. 1111. STATE PLANS. 

14 ‘‘(a) PLANS REQUIRED.— 

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

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

17 by March 1, 2002, a plan, developed in consultation 

18 with local educational agencies, teachers, principals, 

19 pupil services personnel, administrators (including 

20 administrators of programs described in other parts 

21 of this title), other staff, and parents, that satisfies the 

22 requirements of this section and that is coordinated 

23 with other programs under this Act, the Individuals 

24 with Disabilities Education Act (20 U.S.C. 1400 et 

25 seq.), the Carl D. Perkins Vocational and Technical 


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1 Education Act of 1998 (20 U.S.C. 2301 et seq.), the 

2 Head Start Act (42 U.S.C. 9831 et seq.), and the 

3 McKinney-Vento Homeless Assistance Act (42 U.S.C. 

4 11431 et seq.). 

5 ‘‘(2) CONSOLIDATED PLAN.—A State plan sub6 mitted under paragraph (1) may be submitted as 

7 part of a consolidated plan under section 8302. 

8 ‘‘(b) ACADEMIC STANDARDS, ACADEMIC ASSESS9 MENTS, AND ACCOUNTABILITY.— 

10 ‘‘(1) CHALLENGING ACADEMIC STANDARDS.— 

11 ‘‘(A) Each State plan shall demonstrate 

12 that the State has adopted challenging academic 

13 content standards and challenging student aca14 demic achievement standards that will be used 

15 by the State, its local educational agencies, and 

16 its schools to carry out this part, except that a 

17 State shall not be required to submit such stand18 ards to the Secretary. 

19 ‘‘(B) The academic standards required by 

20 subparagraph (A) shall be the same academic 

21 standards that the State applies to all schools 

22 and children in the State. 

23 ‘‘(C) The State shall have such academic 

24 standards for all public elementary and sec25 ondary school children, including children served 


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1 under this part, in subjects determined by the 

2 State, but including at least mathematics, read3 ing or language arts, and science (beginning in 

4 the 2005–2006 school year), which shall include 

5 the same knowledge, skills, and levels of achieve6 ment expected of all children. 

7 ‘‘(D) Academic standards under this para8 graph shall include— 

9 ‘‘(i) challenging academic content 

10 standards in academic subjects that— 

11 ‘‘(I) specify what children are ex12 pected to know and be able to do; 

13 ‘‘(II) contain coherent and rig14 orous content; and 

15 ‘‘(III) encourage the teaching of 

16 advanced skills; and 

17 ‘‘(ii) challenging student academic 

18 achievement standards that— 

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

20 academic content standards; 

21 ‘‘(II) describe 2 levels of high per22 formance (proficient and advanced) 

23 that determine how well children are 

24 mastering the material in the State 

25 academic content standards; and 


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1 ‘‘(III) describe a third level of per2 formance (basic) to provide complete 

3 information about the progress of the 

4 lower performing children toward 

5 achieving to the proficient and ad6 vanced levels of performance. 

7 ‘‘(E) For the subjects in which students will 

8 be served under this part, but for which a State 

9 is not required by subparagraphs (A), (B), and 

10 (C) to develop, and has not otherwise developed 

11 such academic standards, the State plan shall 

12 describe a strategy for ensuring that students are 

13 taught the same knowledge and skills in such 

14 subjects and held to the same expectations as are 

15 all children. 

16 ‘‘(F) Nothing in this part shall prohibit a 

17 State from revising any standard adopted under 

18 this part before or after the date of enactment of 

19 the No Child Left Behind Act of 2001. 

20 ‘‘(2) ACCOUNTABILITY.— 

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

22 demonstrate that the State has developed and is 

23 implementing a statewide State accountability 

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1 ementary schools, and public secondary schools 

2 make adequate yearly progress as defined under 

3 subparagraph (B). Each State accountability 

4 system shall— 

5 ‘‘(i) be based on the academic stand6 ards and academic assessments adopted 

7 under paragraphs (1) and (4) and take into 

8 account the performance of all public school 

9 students; 

10 ‘‘(ii) be the same as the accountability 

11 system the State uses for all public schools 

12 or all local educational agencies in the 

13 State, except that public schools and local 

14 educational agencies not participating 

15 under this part are not subject to the re16 quirements of section 1116; and 

17 ‘‘(iii) include rewards and sanctions 

18 the State will use to hold local educational 

19 agencies and public schools accountable for 

20 student achievement and for ensuring that 

21 they make adequate yearly progress in ac22 cordance with the State’s definition under 

23 subparagraph (B). 

24 ‘‘(B) ADEQUATE YEARLY PROGRESS.—Each 

25 State plan shall demonstrate, based on academic 


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1 assessments described under paragraph (4), what 

2 constitutes adequate yearly progress of the State, 

3 and of public schools and local educational agen4 cies in the State, toward enabling all public 

5 school students to meet the State’s student aca6 demic achievement standards, while working to7 ward the goal of narrowing the achievement gaps 

8 in the State, local educational agency, and 

9 school. 

10 ‘‘(C) DEFINITION.—‘Adequate yearly 

11 progress’ shall be defined by the State in a man12 ner that— 

13 ‘‘(i) applies the same high academic 

14 standards of academic performance to all 

15 public school students in the State; 

16 ‘‘(ii) measures the progress of public 

17 schools and local educational agencies based 

18 primarily on the academic assessments de19 scribed in paragraph (4); 

20 ‘‘(iii) measures the student dropout 

21 rate, as defined for the Common Core of 

22 Data maintained by the National Center for 

23 Education Statistics established under sec24 tion 403 of the National Education Statis25 tics Act of 1994 (20 U.S.C. 9002); 


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1 ‘‘(iv) includes separate annual numer2 ical objectives for continuing and signifi3 cant improvement in each of the following 

4 (except that disaggregation of data under 

5 subclauses (II) and (III) shall not be re6 quired in a case in which the number of 

7 students in a category is insufficient to 

8 yield statistically reliable information or 

9 the results would reveal individually identi10 fiable information about an individual stu11 dent): 

12 ‘‘(I) The achievement of all public 

13 school students. 

14 ‘‘(II) The achievement of— 

15 ‘‘(aa) economically disadvan16 taged students; 

17 ‘‘(bb) students from major 

18 racial and ethnic groups; 

19 ‘‘(cc) students with disabil20 ities; and 

21 ‘‘(dd) students with limited 

22 English proficiency; 

23 ‘‘(III) solely for the purpose of deter24 mining adequate yearly progress of the 

25 State, the acquisition of English language 


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1 proficiency by children with limited 

2 English proficiency; 

3 ‘‘(v) at the State’s discretion, may also 

4 include other academic measures such as 

5 promotion, completion of college pre6 paratory courses, and high school comple7 tion (and for individual local educational 

8 agencies and schools, the acquisition of 

9 English language proficiency by children 

10 with limited English proficiency), except 

11 that inclusion of such other measures may 

12 not change which schools or local edu13 cational agencies would otherwise be subject 

14 to improvement or corrective action under 

15 section 1116 if the discretionary indicators 

16 were not included; and 

17 ‘‘(vi) includes a timeline that— 

18 ‘‘(I) uses as a baseline year the 

19 year following the date of enactment of 

20 the No Child Left Behind Act of 2001; 

21 ‘‘(II) establishes a target year by 

22 which all members of each group of 

23 students described in subclauses (I) 

24 and (II) of clause (iii) shall meet or 

25 exceed the State’s proficient level of 


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1 academic performance on the State 

2 academic assessment used for the pur3 poses of this section and section 1116, 

4 except that the target year shall not be 

5 more than 12 years from the baseline 

6 year; and 

7 ‘‘(III) for each year until and in8 cluding the target year, establishes an9 nual goals for the academic perform10 ance of each group of students de11 scribed in subclauses (I) and (II) of 

12 clause (iii) on the State academic as13 sessment that— 

14 ‘‘(aa) indicates a minimum 

15 percentage of students who must 

16 meet the proficient level on the 

17 academic assessment, such that 

18 the minimum percentage is the 

19 same for each group of students 

20 described in subclauses (I) and 

21 (II) of clause (iii); or 

22 ‘‘(bb) indicates an annual 

23 minimum amount by which the 

24 percentage of students who meet 

25 the proficient level among each 


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1 group of students described in 

2 subclauses (I) and (II) of clause 

3 (iii) shall increase, such that the 

4 minimum increase for each group 

5 is equal to or greater than 100 

6 percent minus the percentage of 

7 the group meeting the proficient 

8 level in the baseline year divided 

9 by the number of years from the 

10 baseline year to the target year es11 tablished under clause (I). 

12 ‘‘(D) ANNUAL IMPROVEMENT FOR

13 SCHOOLS.—For a school to make adequate yearly 

14 progress under subparagraph (A), not less than 

15 95 percent of each group of students described in 

16 subparagraph (C)(iii)(II) who are enrolled in the 

17 school are required to take the academic assess18 ments, consistent with section 612(a)(17)(A) of 

19 the Individuals with Disabilities Education Act 

20 (20 U.S.C. 1412(a)(17)(A)) and paragraph 

21 (4)(G)(ii), on which adequate yearly progress is 

22 based. 

23 ‘‘(E) PUBLIC NOTICE AND COMMENT.—Each 

24 State shall ensure that in developing its plan, it 

25 diligently seeks public comment from a range of 


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1 institutions and individuals in the State with 

2 an interest in improved student achievement and 

3 that the State makes and will continue to make 

4 a substantial effort to ensure that information 

5 under this part is widely known and understood 

6 by the public, parents, teachers, and school ad7 ministrators throughout the State. Such efforts 

8 shall include, at a minimum, publication of such 

9 information and explanatory text, broadly to the 

10 public through such means as the Internet, the 

11 media, and public agencies. 

12 ‘‘(3) STATE AUTHORITY.—If a State educational 

13 agency provides evidence, which is satisfactory to the 

14 Secretary, that neither the State educational agency 

15 nor any other State government official, agency, or 

16 entity has sufficient authority, under State law, to 

17 adopt curriculum content and student academic 

18 achievement standards, and academic assessments 

19 aligned with such academic standards, which will be 

20 applicable to all students enrolled in the State’s pub21 lic schools, then the State educational agency may 

22 meet the requirements of this subsection by— 

23 ‘‘(A) adopting academic standards and aca24 demic assessments that meet the requirements of 

25 this subsection, on a statewide basis, limiting 


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1 their applicability to students served under this 

2 part; or 

3 ‘‘(B) adopting and implementing policies 

4 that ensure that each local educational agency in 

5 the State which receives grants under this part 

6 will adopt curriculum content and student aca7 demic achievement standards, and academic as8 sessments aligned with such standards, which 

9 meet all of the criteria in this subsection and 

10 any regulations regarding such standards and 

11 assessments which the Secretary may publish, 

12 and which are applicable to all students served 

13 by each such local educational agency. 

14 ‘‘(4) ACADEMIC ASSESSMENTS.—Each State 

15 plan shall demonstrate that the State has imple16 mented a set of high-quality, yearly student academic 

17 assessments that include, at a minimum, academic 

18 assessments in mathematics, and reading or language 

19 arts, that will be used as the primary means of deter20 mining the yearly performance of the State and of 

21 each local educational agency and school in enabling 

22 all children to meet the State’s challenging student 

23 academic achievement standards. Such assessments 

24 shall— 


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1 ‘‘(A) be the same academic assessments used 

2 to measure the performance of all children; 

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

4 content and student academic achievement 

5 standards and provide coherent information 

6 about student attainment of such standards; 

7 ‘‘(C) be used for purposes for which such as8 sessments are valid and reliable, and be con9 sistent with relevant, recognized professional and 

10 technical standards for such assessments; 

11 ‘‘(D) for the purposes of this part, be scored 

12 to ensure the performance of each student is eval13 uated solely against the State’s challenging aca14 demic content standards and not relative to the 

15 score of other students; 

16 ‘‘(E) except as otherwise provided for grades 

17 3 through 8 under subparagraph (G), measure 

18 the proficiency of students in, at a minimum, 

19 mathematics and reading or language arts, and 

20 be administered not less than once during— 

21 ‘‘(i) grades 3 through 5; 

22 ‘‘(ii) grades 6 through 9; and 

23 ‘‘(iii) grades 10 through 12; 


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1 ‘‘(F) involve multiple up-to-date measures 

2 of student achievement, including measures that 

3 assess critical thinking skills and understanding; 

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

5 2004-2005, measure the performance of students 

6 against the challenging State content and stu7 dent academic achievement standards in each of 

8 grades 3 through 8 in, at a minimum, mathe9 matics, and reading or language arts, except that 

10 the Secretary may provide the State 1 additional 

11 year if the State demonstrates that exceptional 

12 or uncontrollable circumstances, such as a nat13 ural disaster or a precipitous and unforeseen de14 cline in the financial resources of the State, pre15 vented full implementation of the academic as16 sessments by that deadline and that it will com17 plete implementation within the additional 1- 

18 year period; 

19 ‘‘(H) provide for— 

20 ‘‘(i) the participation in such assess21 ments of all students; 

22 ‘‘(ii) the reasonable adaptations and 

23 accommodations for students with disabil24 ities defined under 602(3) of the Individuals 

25 with Disabilities Education Act (20 U.S.C. 


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1 1401(3)) necessary to measure the achieve2 ment of such students relative to State con3 tent and State student academic achieve4 ment standards; 

5 ‘‘(iii) the inclusion of limited English 

6 proficient students who shall be assessed, to 

7 the extent practicable, in the language and 

8 form most likely to yield accurate and reli9 able information on what such students 

10 know and can do in content areas; 

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

12 academic assessment (using tests written in 

13 English) of reading or language arts of any 

14 student who has attended school in the 

15 United States (not including Puerto Rico) 

16 for 3 or more consecutive school years, ex17 cept if the local educational agency deter18 mines, on a case-by-case individual basis, 

19 that academic assessments in another lan20 guage and form would likely yield more ac21 curate and reliable information on what 

22 such students know and can do, the local 

23 educational agency may assess such stu24 dents in the appropriate language other 

25 than English for 1 additional year; 


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1 ‘‘(I) include students who have attended 

2 schools in a local educational agency for a full 

3 academic year but have not attended a single 

4 school for a full academic year, except that the 

5 performance of students who have attended more 

6 than 1 school in the local educational agency in 

7 any academic year shall be used only in deter8 mining the progress of the local educational 

9 agency; 

10 ‘‘(J) produce individual student reports to 

11 be provided to parents, which include academic 

12 assessment scores, or other information on the at13 tainment of student academic achievement 

14 standards; and 

15 ‘‘(K) enable results to be disaggregated with16 in each State, local educational agency, and 

17 school by gender, by each major racial and eth18 nic group, by English proficiency status, by mi19 grant status, by students with disabilities as 

20 compared to nondisabled students, and by eco21 nomically disadvantaged students as compared 

22 to students who are not economically disadvan23 taged. 

24 ‘‘(5) SPECIAL RULE.—Academic assessment 

25 measures in addition to those in paragraph (4) that 


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1 do not meet the requirements of such paragraph may 

2 be included as additional measures, but may not be 

3 used in lieu of the academic assessments required in 

4 paragraph (4). Results on any additional measures 

5 under this paragraph shall not change which schools 

6 or local educational agencies would otherwise be sub7 ject to improvement or corrective action under section 

8 1116 if the additional measures were not included. 

9 ‘‘(6) LANGUAGE ASSESSMENTS.—Each State 

10 plan shall identify the languages other than English 

11 that are present in the participating student popu12 lation and indicate the languages for which yearly 

13 student academic assessments are not available and 

14 are needed. The State shall make every effort to de15 velop such assessments and may request assistance 

16 from the Secretary if linguistically accessible aca17 demic assessment measures are needed. Upon request, 

18 the Secretary shall assist with the identification of 

19 appropriate academic assessment measures in the 

20 needed languages, but shall not mandate a specific 

21 academic assessment or mode of instruction. 

22 ‘‘(7) ACADEMIC ASSESSMENTS OF ENGLISH LAN23 GUAGE PROFICIENCY.—Each State plan shall dem24 onstrate that local educational agencies in the State 

25 will, beginning no later than school year 2002–2003, 


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1 annually assess the English proficiency of all students 

2 with limited English proficiency in their schools. 

3 ‘‘(8) REQUIREMENT.—Each State plan shall de4 scribe— 

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

6 assist each local educational agency and school 

7 affected by the State plan to develop the capacity 

8 to comply with each of the requirements of sec9 tions 1112(c)(1)(D), 1114(c), and 1115(c) that is 

10 applicable to such agency or school; 

11 ‘‘(B) how the State educational agency will 

12 assist each local educational agency and school 

13 affected by the State plan to provide additional 

14 educational assistance to individual students as15 sessed as needing help to achieve the State’s chal16 lenging academic standards. 

17 ‘‘(C) such other factors as the State con18 siders appropriate to provide students an oppor19 tunity to achieve the knowledge and skills de20 scribed in the challenging academic content 

21 standards adopted by the State. 

22 ‘‘(9) USE OF ACADEMIC ASSESSMENT RESULTS

23 TO IMPROVE STUDENT ACHIEVEMENT.—Each State 

24 plan shall describe how the State will ensure that the 


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1 results of the State assessments described in para2 graph (4)— 

3 ‘‘(A) will be provided promptly, but not 

4 later than the end of the school year (consistent 

5 with 1116, to local educational agencies, schools, 

6 and teachers in a manner that is clear and easy 

7 to understand; and 

8 ‘‘(B) be used by those local educational 

9 agencies, schools, and teachers to improve the 

10 educational achievement of individual students. 

11 ‘‘(10) TECHNICAL ASSISTANCE ON ACADEMIC AS12 SESSMENT REQUIREMENTS.—The Secretary shall pro13 vide technical assistance to interested States regard14 ing how to meet the requirements of paragraph (4). 

15 ‘‘(c) OTHER PROVISIONS TO SUPPORT TEACHING AND

16 LEARNING.—Each State plan shall contain assurances 

17 that— 

18 ‘‘(1) the State shall produce, beginning with the 

19 2003–2004 school year, the annual State report cards 

20 described in subsection (h)(1); 

21 ‘‘(2) the State will participate, beginning in 

22 school year 2002–2003, in annual academic assess23 ments of 4th and 8th grade reading and mathematics 

24 under— 


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1 ‘‘(A) the State National Assessment of Edu2 cational Progress carried out under section 

3 411(b)(2) of the National Education Statistics 

4 Act of 1994 (20 U.S.C. 9010(b)(2)); or 

5 ‘‘(B) another academic assessment selected 

6 by the State which meets the criteria of section 

7 7101(b)(1)(B)(ii) of this Act; 

8 ‘‘(3) the State educational agency shall work 

9 with other agencies, including educational service 

10 agencies or other local consortia, and institutions to 

11 provide technical assistance to local educational agen12 cies and schools to carry out the State educational 

13 agency’s responsibilities under this part, including 

14 technical assistance in providing professional develop15 ment under section 1119A and technical assistance 

16 under section 1117; and 

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

18 the State educational agency shall consider providing 

19 professional development and technical assistance 

20 through such agencies; and 

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

22 exist, the State educational agency shall consider pro23 viding professional development and technical assist24 ance through other cooperative agreements such as 

25 through a consortium of local educational agencies; 


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1 ‘‘(5) the State educational agency shall notify 

2 local educational agencies and the public of the con3 tent and student academic achievement standards and 

4 academic assessments developed under this section, 

5 and of the authority to operate schoolwide programs, 

6 and will fulfill the State educational agency’s respon7 sibilities regarding local educational agency improve8 ment and school improvement under section 1116, in9 cluding such corrective actions as are necessary; 

10 ‘‘(6) the State educational agency shall provide 

11 the least restrictive and burdensome regulations for 

12 local educational agencies and individual schools par13 ticipating in a program assisted under this part; 

14 ‘‘(7) the State educational agency shall inform 

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

16 at all, hinder the ability of States to hold local edu17 cational agencies and schools accountable for student 

18 academic performance; 

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

20 schools to consolidate funds from other Federal, State, 

21 and local sources for schoolwide reform in schoolwide 

22 programs under section 1114; 

23 ‘‘(9) the State educational agency shall modify 

24 or eliminate State fiscal and accounting barriers so 

25 that schools can easily consolidate funds from other 


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1 Federal, State, and local sources for schoolwide pro2 grams under section 1114; 

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

4 the committee of practitioners established under sec5 tion 1603(b) in developing the plan and monitoring 

6 its implementation; 

7 ‘‘(11) the State educational agency shall inform 

8 local educational agencies of the local educational 

9 agency’s authority to transfer funds under title VII, 

10 to obtain waivers under title VIII and, if the State 

11 is an Ed-Flex Partnership State, to obtain waivers 

12 under the Education Flexibility Partnership Act of 

13 1999 (20 U.S.C. 5891a et seq.); and 

14 ‘‘(12) the State educational agency shall encour15 age local educational agencies and individual schools 

16 participating in a program assisted under this part 

17 to offer family literacy services (using funds under 

18 this part), if the agency or school determines that a 

19 substantial number of students served under this part 

20 by the agency or school have parents who do not have 

21 a high school diploma or its recognized equivalent or 

22 who have low levels of literacy. 

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

24 The Secretary shall— 


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

2 the review of State plans; 

3 ‘‘(2) approve a State plan within 120 days of its 

4 submission unless the Secretary determines that the 

5 plan does not meet the requirements of this section; 

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

7 plan does not meet the requirements of subsection (a), 

8 (b), or (c), immediately notify the State of such deter9 mination and the reasons for such determination; 

10 ‘‘(4) not decline to approve a State’s plan be11 fore— 

12 ‘‘(A) offering the State an opportunity to 

13 revise its plan; 

14 ‘‘(B) providing technical assistance in order 

15 to assist the State to meet the requirements 

16 under subsections (a), (b), and (c); and 

17 ‘‘(C) providing a hearing; and 

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

19 plan for not meeting the requirements of this part, 

20 but shall not have the authority to require a State, 

21 as a condition of approval of the State plan, to in22 clude in, or delete from, such plan 1 or more specific 

23 elements of the State’s academic content standards or 

24 to use specific academic assessment instruments or 

25 items. 


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1 ‘‘(e) DURATION OF THE PLAN.— 

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

3 ‘‘(A) be submitted for the first year for 

4 which this part is in effect after the date of the 

5 enactment of the No Child Left Behind Act of 

6 2001; 

7 ‘‘(B) remain in effect for the duration of the 

8 State’s participation under this part; and 

9 ‘‘(C) be periodically reviewed and revised by 

10 the State, as necessary, to reflect changes in the 

11 State’s strategies and programs under this part. 

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

13 makes significant changes in its plan, such as the 

14 adoption of new or revised State academic content 

15 standards and State student achievement standards, 

16 new academic assessments, or a new definition of ade17 quate yearly progress, the State shall submit such in18 formation to the Secretary. 

19 ‘‘(f) LIMITATION ON CONDITIONS.—Officers and em20 ployees of the Federal Government are prohibited from 

21 mandating, directing, or controlling a State, local edu22 cational agency, or school’s specific instructional content or 

23 student academic achievement standards and academic as24 sessments, curriculum, or program of instruction, as a con25 dition of eligibility to receive funds under this part. 


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1 ‘‘(g) PENALTIES.— 

2 ‘‘(1) FAILURE TO MEET DEADLINES ENACTED IN

3 1994.— 

4 ‘‘(A) IN GENERAL.—If a State fails to meet 

5 the deadlines established by the Improving Amer6 ica’s Schools Act of 1994 (or under any waiver 

7 granted by the Secretary or under any compli8 ance agreement with the Secretary) for dem9 onstrating that it has in place challenging aca10 demic content standards and student achieve11 ment standards, and a system for measuring and 

12 monitoring adequate yearly progress, the Sec13 retary shall withhold 25 percent of the funds that 

14 would otherwise be available for State adminis15 tration and activities in each year until the Sec16 retary determines that the State meets those re17 quirements; 

18 ‘‘(B) NO EXTENSION.—The Secretary shall 

19 not grant any additional waivers of, or enter 

20 into any additional compliance agreements to 

21 extend, the deadlines described in subparagraph 

22 (A) for any State. 

23 ‘‘(2) FAILURE TO MEET REQUIREMENTS EN24 ACTED IN 2001.—If a State fails to meet any of the 

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1 ments described in paragraph (1), the Secretary may 

2 withhold funds for State administration until the 

3 Secretary determines that the State has fulfilled those 

4 requirements. 

5 ‘‘(h) REPORTS.— 

6 ‘‘(1) ANNUAL STATE REPORT CARD.— 

7 ‘‘(A) IN GENERAL.—Not later than the be8 ginning of the 2003–2004 school year, a State 

9 that receives assistance under this Act shall pre10 pare and disseminate an annual State report 

11 card. 

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

13 card shall be— 

14 ‘‘(i) concise; and 

15 ‘‘(ii) presented in a format and man16 ner that parents can understand, and 

17 which, to the extent practicable, shall be in 

18 a language the parents can understand. 

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

20 shall widely disseminate the information de21 scribed in subparagraph (D) to all schools and 

22 local educational agencies in the State and make 

23 the information broadly available through public 

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1 tion to the media, and distribution through pub2 lic agencies. 

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

4 shall include in its annual State report card— 

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

6 student achievement at each proficiency 

7 level on the State academic assessments de8 scribed in subsection (b)(4)(F) 

9 (disaggregated by race, ethnicity, gender, 

10 disability status, migrant status, English 

11 proficiency, and status as economically dis12 advantaged, except that such disaggregation 

13 shall not be required in a case in which the 

14 number of students in a category is insuffi15 cient to yield statistically reliable informa16 tion or the results would reveal individually 

17 identifiable information about an indi18 vidual student); 

19 ‘‘(ii) the percentage of students not 

20 tested (disaggregated by the same categories 

21 and subject to the same exception described 

22 in clause (i)); 

23 ‘‘(iii) the percentage of students who 

24 graduate from high school within 4 years of 

25 starting high school; 


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1 ‘‘(iv) the percentage of students who 

2 take and complete advanced placement 

3 courses as compared to the population of the 

4 students eligible to take such courses, and 

5 the rate of passing of advanced placement 

6 tests; 

7 ‘‘(v) the professional qualifications of 

8 teachers in the aggregate, including the per9 centage of teachers teaching with emergency 

10 or provisional qualifications, and the per11 centage of class sections not taught by fully 

12 qualified teachers; and 

13 ‘‘(vi) such other information (such as 

14 dropout and school attendance rates; and 

15 average class size by grade level) as the 

16 State believes will best provide parents, stu17 dents, and other members of the public with 

18 information on the progress of each of the 

19 State’s public schools. 

20 ‘‘(2) CONTENT OF LOCAL EDUCATIONAL AGENCY

21 REPORT CARDS.— 

22 ‘‘(A) MINIMUM REQUIREMENTS.—The State 

23 shall ensure that each local educational agency 

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1 nual report for each of its schools, at a min2 imum— 

3 ‘‘(i) the information described in para4 graph (1)(D) for each local educational 

5 agency and school; and 

6 ‘‘(ii)(I) in the case of a local edu7 cational agency— 

8 ‘‘(aa) the number and percentage 

9 of schools identified for school improve10 ment and how long they have been so 

11 identified, including schools identified 

12 under section 1116(c) of this Act; and 

13 ‘‘(bb) information that shows how 

14 students in its schools perform on the 

15 statewide academic assessment com16 pared to students in the State as a 

17 whole; and 

18 ‘‘(II) in the case of a school— 

19 ‘‘(aa) whether it has been identi20 fied for school improvement; and 

21 ‘‘(bb) information that shows how 

22 its students performed on the statewide 

23 academic assessment compared to stu24 dents in the local educational agency 

25 and the State as a whole. 


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1 ‘‘(B) OTHER INFORMATION.—A local edu2 cational agency may include in its annual re3 ports any other appropriate information whether 

4 or not such information is included in the an5 nual State report. 

6 ‘‘(C) PUBLIC DISSEMINATION.—The local 

7 educational agency shall, not later than the be8 ginning of the 2003–2004 school year, publicly 

9 disseminate the information described in this 

10 paragraph to all schools in the district and to all 

11 parents of students attending those schools (to the 

12 extent practicable, in a language they can under13 stand), and make the information broadly avail14 able through public means, such as posting on 

15 the Internet, distribution to the media, and dis16 tribution through public agencies. 

17 ‘‘(3) PRE-EXISTING 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 prior to the 

21 enactment of the No Child Left Behind Act of 2001 

22 may use those reports for the purpose of this sub23 section, so long as any such report is modified, as 

24 may be needed, to contain the information required 

25 by this subsection. 


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1 ‘‘(4) ANNUAL STATE REPORT TO THE SEC2 RETARY.—Each State receiving assistance under this 

3 Act shall report annually to the Secretary, and make 

4 widely available within the State— 

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

6 information on the State’s progress in developing 

7 and implementing the academic assessment sys8 tem described in subsection (b)(4); 

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

10 2004–2005, information on the achievement of 

11 students on the academic assessments required by 

12 that subsection, including the disaggregated re13 sults for the categories of students identified in 

14 subsection (b)(2)(C)(iii)(II); 

15 ‘‘(C) beginning not later than school year 

16 2002–2003, information on the acquisition of 

17 English proficiency by children with limited 

18 English proficiency; 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 academic assessments (including disaggregated 

23 results) required under this section. 

24 ‘‘(5) PARENTS RIGHT-TO-KNOW.— 


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1 ‘‘(A) QUALIFICATIONS.—At the beginning of 

2 each school year, a local educational agency that 

3 receives funds under this part shall notify the 

4 parents of each student attending any school re5 ceiving funds under this part that they may re6 quest, and shall provide the parents upon request 

7 (and in a timely manner), information regard8 ing the professional qualifications of the stu9 dent’s classroom teachers, including, at a min10 imum, the following: 

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

12 qualification and licensing criteria for the 

13 grade levels and subject areas in which the 

14 teacher provides instruction. 

15 ‘‘(ii) Whether the teacher is teaching 

16 under emergency or other provisional status 

17 through which State qualification or licens18 ing criteria have been waived. 

19 ‘‘(iii) The baccalaureate degree major 

20 of the teacher and any other graduate cer21 tification or degree held by the teacher, and 

22 the field of discipline of the certification or 

23 degree. 


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1 ‘‘(iv) Whether the child is provided 

2 services by paraprofessionals and if so, their 

3 qualifications. 

4 ‘‘(B) ADDITIONAL INFORMATION.—In addi5 tion to the information which parents may re6 quest under subparagraph (A), a school which 

7 receives funds under this part shall provide to 

8 each individual parent— 

9 ‘‘(i) information on the level of per10 formance of the individual student for 

11 whom they are the parent in each of the 

12 State academic assessments as required 

13 under this part; and 

14 ‘‘(ii) timely notice that the student for 

15 whom they are the parent has been as16 signed, or has been taught for 4 or more 

17 consecutive weeks by, a teacher who is not 

18 fully qualified. 

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

20 provided to parents under this paragraph shall 

21 be in an understandable and uniform format 

22 and, to the extent practicable, provided in a lan23 guage that the parents can understand. 

24 ‘‘(6) PLAN CONTENT.—A State shall include in 

25 its plan under subsection (b) an assurance that it has 


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1 in effect a policy that meets the requirements of this 

2 section. 

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

5 protects the privacy of individuals. 

6 ‘‘SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS. 

7 ‘‘(a) PLANS REQUIRED.— 

8 ‘‘(1) SUBGRANTS.—A local educational agency 

9 may receive a subgrant under this part for any fiscal 

10 year only if such agency has on file with the State 

11 educational agency a plan, approved by the State 

12 educational agency, that is coordinated with other 

13 programs under this Act, the Individuals with Dis14 abilities Education Act (20 U.S.C. 1400 et seq.), the 

15 Carl D. Perkins Vocational and Technical Education 

16 Act of 1998 (20 U.S.C. 2301 et seq.), the Head Start 

17 Act (42 U.S.C. 9831 et seq.), the McKinney-Vento 

18 Homeless Assistance Act, and other Acts, as appro19 priate. 

20 ‘‘(2) CONSOLIDATED APPLICATION.—The plan 

21 may be submitted as part of a consolidated applica22 tion under section 8305. 

23 ‘‘(b) PLAN PROVISIONS.—In order to help low achiev24 ing children achieve high academic standards, each local 

25 educational agency plan shall include— 


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1 ‘‘(1) a description of additional high-quality stu2 dent academic assessments, if any, other than the aca3 demic assessments described in the State plan under 

4 section 1111, that the local educational agency and 

5 schools served under this part will use to— 

6 ‘‘(A) determine the success of children served 

7 under this part in meeting the State’s student 

8 academic achievement standards and provide in9 formation to teachers, parents, and students on 

10 the progress being made toward meeting the 

11 State student academic achievement standards 

12 described in section 1111(b)(1)(D)(ii); 

13 ‘‘(B) assist in diagnosis, teaching, and 

14 learning in the classroom in ways that best en15 able low-achieving children served under this 

16 title to meet State academic standards and do 

17 well in the local curriculum; and 

18 ‘‘(C) determine what revisions are needed to 

19 projects under this title so that such children 

20 meet the State’s student academic achievement 

21 standards; 

22 ‘‘(2) at the local educational agency’s discretion, 

23 a description of any other indicators that will be used 

24 in addition to the academic assessments described in 

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1 graph, except that results on any discretionary indi2 cators shall not change which schools would otherwise 

3 be subject to improvement of corrective action under 

4 section 1118 if the additional measures are not in5 cluded; 

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

7 agency will provide additional educational assistance 

8 to individual students assessed as needing help to 

9 achieve the State’s challenging academic standards; 

10 ‘‘(4) a description of the strategy the local edu11 cational agency will use to provide professional devel12 opment for teachers, and, if appropriate, pupil serv13 ices personnel, administrators, parents and other 

14 staff, including local educational agency level staff in 

15 accordance with section 1119A; 

16 ‘‘(5) a description of how the local educational 

17 agency will coordinate and integrate services provided 

18 under this part with other educational services at the 

19 local educational agency or individual school level, 

20 such as— 

21 ‘‘(A) Even Start, Head Start, Reading 

22 First, Early Reading First, and other preschool 

23 programs, including plans for the transition of 

24 participants in such programs to local elemen25 tary school programs; and 


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1 ‘‘(B) services for children with limited 

2 English proficiency or with disabilities, migra3 tory children served under part C, neglected or 

4 delinquent youth, Indian children served under 

5 part B of title III, homeless children, and immi6 grant children in order to increase program ef7 fectiveness, eliminate duplication, and reduce 

8 fragmentation of the instructional program; 

9 ‘‘(6) an assurance that the local educational 

10 agency will participate, if selected, in the State Na11 tional Assessment of Educational Progress in 4th and 

12 8th grade reading and mathematics carried out under 

13 section 411(b)(2) of the Education Statistics Act of 

14 1994 (20 U.S.C. 9010(b)(2)), or in another academic 

15 assessment pursuant to the State decision under sec16 tion 7101(b)(1)(B)(ii); 

17 ‘‘(7) a description of the poverty criteria that 

18 will be used to select school attendance areas under 

19 section 1113; 

20 ‘‘(8) a description of how teachers, in consulta21 tion with parents, administrators, and pupil services 

22 personnel, in targeted assistance schools under section 

23 1115, will identify the eligible children most in need 

24 of services under this part; 


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1 ‘‘(9) a general description of the nature of the 

2 programs to be conducted by such agency’s schools 

3 under sections 1114 and 1115 and, where appro4 priate, educational services outside such schools for 

5 children living in local institutions for neglected or 

6 delinquent children, for neglected and delinquent chil7 dren in community day school programs, and for 

8 homeless children; 

9 ‘‘(10) a description of how the local educational 

10 agency will ensure that migratory children and for11 merly migratory children who are eligible to receive 

12 services under this part are selected to receive such 

13 services on the same basis as other children who are 

14 selected to receive services under this part; 

15 ‘‘(11) if appropriate, a description of how the 

16 local educational agency will use funds under this 

17 part to support preschool programs for children, par18 ticularly children participating in Early Reading 

19 First, or in a Head Start or Even Start program, 

20 which services may be provided directly by the local 

21 educational agency or through a subcontract with the 

22 local Head Start agency designated by the Secretary 

23 of Health and Human Services under section 641 of 

24 the Head Start Act (42 U.S.C. 9836), agencies oper25 ating Even Start programs, Early Reading First, or 


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1 another comparable public early childhood develop2 ment program; 

3 ‘‘(12) a description of the actions the local edu4 cational agency will take to assist its low-performing 

5 schools, including schools identified under section 

6 1116 as in need of improvement; 

7 ‘‘(13) a description of the actions the local edu8 cational agency will take to implement public school 

9 choice, consistent with the requirements of section 

10 1116; 

11 ‘‘(14) a description how the local educational 

12 agency will meet the requirements of section 

13 1119(b)(1); and 

14 ‘‘(15) a description of the services the local edu15 cational agency will provide homeless children, in16 cluding services provided with funds reserved under 

17 section 1113(f)(3)(A). 

18 ‘‘(c) ASSURANCES.— 

19 ‘‘(1) IN GENERAL.—Each local educational agen20 cy plan shall provide assurances that the local edu21 cational agency will— 

22 ‘‘(A) inform eligible schools and parents of 

23 schoolwide program authority and the ability of 

24 such schools to consolidate funds from Federal, 

25 State, and local sources; 


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

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

4 the schools develop the schools’ plans pursuant to 

5 section 1114 and assist schools as the schools im6 plement such plans or undertake activities pur7 suant to section 1115 so that each school can 

8 make adequate yearly progress toward meeting 

9 the State student academic achievement stand10 ards; 

11 ‘‘(D) fulfill such agency’s school improve12 ment responsibilities under section 1116, includ13 ing taking corrective actions under paragraphs 

14 (6) and (7) of section 1116(b); 

15 ‘‘(E) provide services to eligible children at16 tending private elementary and secondary 

17 schools in accordance with section 1120, and 

18 timely and meaningful consultation with private 

19 school officials regarding such services; 

20 ‘‘(F) take into account the experience of 

21 model programs for the educationally disadvan22 taged, and the findings of relevant scientifically 

23 based research indicating that services may be 

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1 liest grades at schools that receive funds under 

2 this part; 

3 ‘‘(G) in the case of a local educational agen4 cy that chooses to use funds under this part to 

5 provide early childhood development services to 

6 low-income children below the age of compulsory 

7 school attendance, ensure that such services com8 ply with the academic achievement standards es9 tablished under section 641A(a) of the Head 

10 Start Act (42 U.S.C. 9836a(a)); 

11 ‘‘(H) comply with the requirements of sec12 tion 1119 regarding the qualifications of teachers 

13 and paraprofessionals; 

14 ‘‘(I) inform eligible schools of the local edu15 cational agency’s authority to obtain waivers on 

16 the school’s behalf under title VIII of this Act, 

17 and if the State is an Ed-Flex Partnership 

18 State, to obtain waivers under the Education 

19 Flexibility Partnership Act of 1999; and 

20 ‘‘(J) coordinate and collaborate, to the ex21 tent feasible and necessary as determined by the 

22 local educational agency, with other agencies 

23 providing services to children, youth, and fami24 lies. 


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1 ‘‘(2) SPECIAL RULE.—In carrying out subpara2 graph (G) of paragraph (1), the Secretary— 

3 ‘‘(A) shall consult with the Secretary of 

4 Health and Human Services on the implementa5 tion of such subparagraph and shall establish 

6 procedures (taking into consideration existing 

7 State and local laws, and local teacher contracts) 

8 to assist local educational agencies to comply 

9 with such subparagraph; and 

10 ‘‘(B) shall disseminate to local educational 

11 agencies the Head Start academic achievement 

12 standards as in effect under section 641A(a) of 

13 the Head Start Act (42 U.S.C. 9836a(a)), and 

14 such agencies affected by such subparagraph 

15 shall plan for the implementation of such sub16 paragraph (taking into consideration existing 

17 State and local laws, and local teacher con18 tracts), including pursuing the availability of 

19 other Federal, State, and local funding sources to 

20 assist in compliance with such subparagraph. 

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

22 subsection shall not apply to preschool programs 

23 using the Even Start model or to Even Start pro24 grams which are expanded through the use of funds 

25 under this part. 


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

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

3 agency plan shall be developed in consultation with 

4 teachers, principals, administrators (including ad5 ministrators of programs described in other parts of 

6 this title), and other appropriate school personnel, 

7 and with parents of children in schools served under 

8 this part. 

9 ‘‘(2) DURATION.—Each such plan shall be sub10 mitted for the first year for which this part is in ef11 fect following the date of the enactment of the No 

12 Child Left Behind Act of 2001 and shall remain in 

13 effect for the duration of the agency’s participation 

14 under this part. 

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

16 shall periodically review, and as necessary, revise its 

17 plan. 

18 ‘‘(e) STATE APPROVAL.— 

19 ‘‘(1) IN GENERAL.—Each local educational agen20 cy plan shall be filed according to a schedule estab21 lished by the State educational agency. 

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

23 shall approve a local educational agency’s plan only 

24 if the State educational agency determines that the 

25 local educational agency’s plan— 


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1 ‘‘(A) enables schools served under this part 

2 to substantially help children served under this 

3 part meet the academic standards expected of all 

4 children described in section 1111(b)(1); and 

5 ‘‘(B) meets the requirements of this section. 

6 ‘‘(f) PROGRAM RESPONSIBILITY.—The local edu7 cational agency plan shall reflect the shared responsibility 

8 of schools, teachers, and the local educational agency in 

9 making decisions regarding activities under sections 1114 

10 and 1115. 

11 ‘‘(g) PARENTAL NOTIFICATION AND CONSENT FOR

12 ENGLISH LANGUAGE INSTRUCTION.— 

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

14 agency uses funds under this part to provide English 

15 language instruction to limited English proficient 

16 children, the agency shall inform a parent or the par17 ents of a child participating in an English language 

18 instruction program for limited English proficient 

19 children assisted under this part of— 

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

21 child as being in need of English language in22 struction; 

23 ‘‘(B) the child’s level of English proficiency, 

24 how such level was assessed, and the status of the 

25 child’s academic achievement; 


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1 ‘‘(C) how the English language instruction 

2 program will specifically help the child acquire 

3 English and meet age-appropriate academic 

4 standards for grade promotion and graduation; 

5 ‘‘(D) what the specific exit requirements are 

6 for the program; 

7 ‘‘(E) the expected rate of transition from the 

8 program into a classroom that is not tailored for 

9 limited English proficient children; and 

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

11 high school for students in the program if funds 

12 under this part are used for children in sec13 ondary schools. 

14 ‘‘(2) CONSENT.— 

15 ‘‘(A) AGENCY REQUIREMENTS.— 

16 ‘‘(i) INFORMED CONSENT.—For a child 

17 who has been identified as limited English 

18 proficient prior to the beginning of a school 

19 year, each local educational agency that re20 ceives funds under this part shall make a 

21 reasonable and substantial effort to obtain 

22 informed parental consent prior to the 

23 placement of a child in an English lan24 guage instruction program for limited 

25 English proficient children funded under 


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1 this part if the program does not include 

2 classes which exclusively or almost exclu3 sively use the English language in instruc4 tion. 

5 ‘‘(ii) WRITTEN CONSENT NOT OB6 TAINED.—If written consent is not obtained, 

7 the local educational agency shall maintain 

8 a written record that includes the date and 

9 the manner in which such informed consent 

10 was sought, including the specific efforts 

11 made to obtain such consent. 

12 ‘‘(iii) PROOF OF EFFORT.—Notice, in 

13 an understandable form, of specific efforts 

14 made to obtain written consent and a copy 

15 of the written record required in clause (ii) 

16 shall be mailed or delivered in writing to a 

17 parent, parents, or guardian of a child 

18 prior to placing the child in a program de19 scribed in clause (i) and shall include a 

20 final request for parental consent for such 

21 services. After such notice has been mailed 

22 or delivered in writing, the local edu23 cational agency shall provide appropriate 

24 educational services. 


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1 ‘‘(iv) SPECIAL RULE APPLICABLE DUR2 ING SCHOOL YEAR.—For those children who 

3 have not been identified as limited English 

4 proficient prior to the beginning of the 

5 school year, the local educational agency 

6 shall make a reasonable and substantial ef7 fort to obtain parental consent under this 

8 clause. For such children, the agency shall 

9 document, in writing, its specific efforts 

10 made to obtain such consent prior to plac11 ing the child in a program described in 

12 clause (i). After such documentation has 

13 been made, the local educational agency 

14 shall provide appropriate educational serv15 ices to such child. The proof of documenta16 tion shall be mailed or delivered in writing 

17 to a parent or parents of the child in a 

18 timely manner and shall include informa19 tion on how to have their child immediately 

20 removed from the program upon their re21 quest. Nothing in this clause shall be con22 strued as exempting a local educational 

23 agency from complying with the notifica24 tion requirements of subsection (g)(1) and 

25 the consent requirements of this paragraph. 


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1 ‘‘(3) PARENTAL RIGHTS.—A parent or the par2 ents of a child participating in an English language 

3 instruction program for limited English proficient 

4 children assisted under this part shall— 

5 ‘‘(A) select among methods of instruction, if 

6 more than one method is offered in the program; 

7 and 

8 ‘‘(B) have the right to have their child im9 mediately removed from the program upon their 

10 request. 

11 ‘‘(4) RECEIPT OF INFORMATION.—A parent or 

12 the parents of a limited English proficient child who 

13 is identified for participation in an English language 

14 instruction program for limited English proficient 

15 children assisted under this part shall receive, in a 

16 manner and form understandable to the parent or 

17 parents, the information required by this subsection. 

18 At a minimum, the parent or parents shall receive— 

19 ‘‘(A) timely information about English lan20 guage instruction programs for limited English 

21 proficient children assisted under this part; 

22 ‘‘(B) if a parent or parents of a partici23 pating child so desires, notice of opportunities 

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1 lating and responding to recommendations from 

2 the parent or parents; and 

3 ‘‘(C) procedural information for removing a 

4 child from a program for limited English pro5 ficient children. 

6 ‘‘(5) BASIS FOR ADMISSION OR EXCLUSION.— 

7 Students shall not be admitted to, or excluded from, 

8 any federally-assisted education program on the basis 

9 of a surname or language-minority status. 

10 ‘‘SEC. 1113. ELIGIBLE SCHOOL ATTENDANCE AREAS. 

11 ‘‘(a) DETERMINATION.— 

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

13 shall use funds received under this part only in eligi14 ble school attendance areas. 

15 ‘‘(2) ELIGIBLE SCHOOL ATTENDANCE AREAS.— 

16 For the purposes of this part— 

17 ‘‘(A) the term ‘school attendance area’ 

18 means, in relation to a particular school, the 

19 geographical area in which the children who are 

20 normally served by that school reside; and 

21 ‘‘(B) the term ‘eligible school attendance 

22 area’ means a school attendance area in which 

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1 dren from low-income families in the local edu2 cational agency as a whole. 

3 ‘‘(3) LOCAL EDUCATIONAL AGENCY DISCRE4 TION.— 

5 ‘‘(A) IN GENERAL.—Notwithstanding para6 graph (2), a local educational agency may— 

7 ‘‘(i) designate as eligible any school at8 tendance area or school in which at least 35 

9 percent of the children are from low-income 

10 families; 

11 ‘‘(ii) use funds received under this part 

12 in a school that is not in an eligible school 

13 attendance area, if the percentage of chil14 dren from low-income families enrolled in 

15 the school is equal to or greater than the 

16 percentage of such children in a partici17 pating school attendance area of such agen18 cy; 

19 ‘‘(iii) designate and serve a school at20 tendance area or school that is not eligible 

21 under subsection (b), but that was eligible 

22 and that was served in the preceding fiscal 

23 year, but only for 1 additional fiscal year; 

24 and 


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1 ‘‘(iv) elect not to serve an eligible 

2 school attendance area or eligible school that 

3 has a higher percentage of children from 

4 low-income families if— 

5 ‘‘(I) the school meets the com6 parability requirements of section 

7 1120A(c); 

8 ‘‘(II) the school is receiving sup9 plemental funds from other State or 

10 local sources that are spent according 

11 to the requirements of section 1114 or 

12 1115; and 

13 ‘‘(III) the funds expended from 

14 such other sources equal or exceed the 

15 amount that would be provided under 

16 this part. 

17 ‘‘(B) SPECIAL RULE.—Notwithstanding sub18 paragraph (A)(iv), the number of children at19 tending private elementary and secondary 

20 schools who are to receive services, and the assist21 ance such children are to receive under this part, 

22 shall be determined without regard to whether 

23 the public school attendance area in which such 

24 children reside is assisted under subparagraph 

25 (A). 


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1 ‘‘(b) RANKING ORDER.—If funds allocated in accord2 ance with subsection (f) are insufficient to serve all eligible 

3 school attendance areas, a local educational agency— 

4 ‘‘(1) shall annually rank from highest to lowest 

5 according to the percentage of children from low-in6 come families in each agency’s eligible school attend7 ance areas in the following order— 

8 ‘‘(A) eligible school attendance areas in 

9 which the concentration of children from low-in10 come families exceeds 75 percent; and 

11 ‘‘(B) all remaining eligible school attend12 ance areas in which the concentration of children 

13 from low-income families is 75 percent or lower 

14 either by grade span or for the entire local edu15 cational agency; 

16 ‘‘(2) shall, within each category listed in para17 graph (1), serve schools in rank order from highest to 

18 lowest according to the ranking assigned under para19 graph (1); 

20 ‘‘(3) notwithstanding paragraph (2), may give 

21 priority, within each such category and in rank order 

22 from highest to lowest subject to paragraph (4), to eli23 gible school attendance areas that serve children in el24 ementary schools; and 


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1 ‘‘(4) not serve a school described in paragraph 

2 (1)(B) before serving a school described in paragraph 

3 (1)(A). 

4 ‘‘(c) LOW-INCOME MEASURES.—In determining the 

5 number of children ages 5 through 17 who are from low6 income families, the local educational agency shall apply 

7 the measures described in paragraphs (1) and (2) of this 

8 subsection: 

9 ‘‘(1) ALLOCATION TO PUBLIC SCHOOL ATTEND10 ANCE AREAS.—The local educational agency shall use 

11 the same measure of poverty, which measure shall be 

12 the number of children ages 5 through 17 in poverty 

13 counted in the most recent census data approved by 

14 the Secretary, the number of children eligible for free 

15 and reduced priced lunches under the Richard B. 

16 Russell National School Lunch Act (42 U.S.C. 1751 

17 et seq.), the number of children in families receiving 

18 assistance under the State program funded under 

19 part A of title IV of the Social Security Act, or the 

20 number of children eligible to receive medical assist21 ance under the Medicaid program, or a composite of 

22 such indicators, with respect to all school attendance 

23 areas in the local educational agency— 

24 ‘‘(A) to identify eligible school attendance 

25 areas; 


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1 ‘‘(B) to determine the ranking of each area; 

2 and 

3 ‘‘(C) to determine allocations under sub4 section (f). 

5 ‘‘(2) ALLOCATION FOR EQUITABLE SERVICE TO

6 PRIVATE SCHOOL STUDENTS.— 

7 ‘‘(A) CALCULATION.—A local educational 

8 agency shall have the final authority, consistent 

9 with section 1120 to calculate the number of pri10 vate school children, ages 5 through 17, who are 

11 low-income by— 

12 ‘‘(i) using the same measure of low-in13 come used to count public school children; 

14 ‘‘(ii) using the results of a survey that, 

15 to the extent possible, protects the identity 

16 of families of private school students and al17 lowing such survey results to be extrapo18 lated if complete actual data are not avail19 able; or 

20 ‘‘(iii) applying the low-income percent21 age of each participating public school at22 tendance area, determined pursuant to this 

23 section, to the number of private school chil24 dren who reside in that attendance area. 


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1 ‘‘(B) COMPLAINT PROCESS.—Any dispute 

2 regarding low-income data on private school stu3 dents shall be subject to the complaint process 

4 authorized in section 8505. 

5 ‘‘(d) EXCEPTION.—This section (other than subsections 

6 (a)(3) and (f)) shall not apply to a local educational agency 

7 with a total enrollment of less than 1,500 children. 

8 ‘‘(e) WAIVER FOR DESEGREGATION PLANS.—The Sec9 retary may approve a local educational agency’s written 

10 request for a waiver of the requirements of subsections (a) 

11 and (f), and permit such agency to treat as eligible, and 

12 serve, any school that children attend under a desegregation 

13 plan ordered by a State or court or approved by the Sec14 retary, or such a plan that the agency continues to imple15 ment after it has expired, if— 

16 ‘‘(1) the number of economically disadvantaged 

17 children enrolled in the school is not less than 25 per18 cent of the school’s total enrollment; and 

19 ‘‘(2) the Secretary determines on the basis of a 

20 written request from such agency and in accordance 

21 with such criteria as the Secretary establishes, that 

22 approval of that request would further the purposes of 

23 this part. 

24 ‘‘(f) ALLOCATIONS.— 


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

2 shall allocate funds received under this part to eligible 

3 school attendance areas or eligible schools, identified 

4 under subsection (b) in rank order on the basis of the 

5 total number of children from low-income families in 

6 each area or school. 

7 ‘‘(2) SPECIAL RULE.—(A) Except as provided in 

8 subparagraph (B), the per-pupil amount of funds al9 located to each school attendance area or school under 

10 paragraph (1) shall be at least 125 percent of the per11 pupil amount of funds a local educational agency re12 ceived for that year under the poverty criteria de13 scribed by the local educational agency in the plan 

14 submitted under section 1112, except that this para15 graph shall not apply to a local educational agency 

16 that only serves schools in which the percentage of 

17 such children is 35 percent or greater. 

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

19 amount of funds allocated under subparagraph (A) 

20 for a school attendance area or school by the amount 

21 of any supplemental State and local funds expended 

22 in that school attendance area or school for programs 

23 that meet the requirements of section 1114 or 1115. 

24 ‘‘(3) RESERVATION.—A local educational agency 

25 shall reserve such funds as are necessary under this 


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1 part to provide services comparable to those provided 

2 to children in schools funded under this part to 

3 serve— 

4 ‘‘(A) homeless children who do not attend 

5 participating schools, including providing educa6 tionally related support services to children in 

7 shelters and other locations where children may 

8 live; 

9 ‘‘(B) children in local institutions for ne10 glected children; and 

11 ‘‘(C) if appropriate, children in local insti12 tutions for delinquent children and neglected or 

13 delinquent children in community day school 

14 programs. 

15 ‘‘(4) SCHOOL IMPROVEMENT RESERVATION.—In 

16 addition to the funding a local educational agency re17 ceives under section 1003(b), a local educational agen18 cy may reserve such funds as are necessary under this 

19 part to meet such agency’s school improvement re20 sponsibilities under section 1116, including taking 

21 corrective actions under paragraphs (6) and (7) of 

22 section 1116(b). 

23 ‘‘(5) FINANCIAL INCENTIVES AND REWARDS RES24 ERVATION.—A local educational agency may reserve 

25 such funds as are necessary under this part to provide 


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1 financial incentives and rewards to teachers who serve 

2 in schools eligible under subsection (b)(1)(A) and 

3 identified for improvement under section 1116(b)(1) 

4 for the purpose of attracting and retaining qualified 

5 and effective teachers. 

6 ‘‘SEC. 1114. SCHOOLWIDE PROGRAMS. 

7 ‘‘(a) PURPOSE.—The purpose of a schoolwide program 

8 under this section is— 

9 ‘‘(1) to enable a local educational agency to con10 solidate funds under this part with other Federal, 

11 State, and local funds, to upgrade the entire edu12 cational program in a high poverty school; and 

13 ‘‘(2) to help ensure that all children in such a 

14 school meet challenging State academic standards for 

15 student achievement, particularly those children who 

16 are most at-risk of not meeting those standards. 

17 ‘‘(b) USE OF FUNDS FOR SCHOOLWIDE PROGRAMS.— 

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

19 may consolidate funds under this part, together with 

20 other Federal, State, and local funds, in order to up21 grade the entire educational program of a school that 

22 serves an eligible school attendance area in which not 

23 less than 40 percent of the children are from low-in24 come families, or not less than 40 percent of the chil25 dren enrolled in the school are from such families. 


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1 ‘‘(2) IDENTIFICATION OF STUDENTS NOT RE2 QUIRED.— 

3 ‘‘(A) IN GENERAL.—No school participating 

4 in a schoolwide program shall be required to 

5 identify particular children under this part as 

6 eligible to participate in a schoolwide program 

7 or to provide supplemental services to such chil8 dren. 

9 ‘‘(B) SUPPLEMENT FUNDS.—A school par10 ticipating in a schoolwide program shall use 

11 funds available to carry out this section only to 

12 supplement the amount of funds that would, in 

13 the absence of funds under this part, be made 

14 available from non-Federal sources for the school, 

15 including funds needed to provide services that 

16 are required by law for children with disabilities 

17 and children with limited English proficiency. 

18 ‘‘(3) EXEMPTION FROM STATUTORY AND REGU19 LATORY REQUIREMENTS.— 

20 ‘‘(A) EXEMPTION.—Except as provided in 

21 subsection (c), the Secretary may, through publi22 cation of a notice in the Federal Register, exempt 

23 schoolwide programs under this section from 

24 statutory or regulatory provisions of any other 

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1 tered by the Secretary (other than formula or 

2 discretionary grant programs under the Individ3 uals with Disabilities Education Act, except as 

4 provided in section 613(a)(2)(D) of such Act), or 

5 any discretionary grant program administered 

6 by the Secretary, to support schoolwide programs 

7 if the intent and purposes of such other pro8 grams are met. 

9 ‘‘(B) REQUIREMENTS.—A school that choos10 es to use funds from such other programs shall 

11 not be relieved of the requirements relating to 

12 health, safety, civil rights, student and parental 

13 participation and involvement, services to pri14 vate school children, maintenance of effort, uses 

15 of Federal funds to supplement, not supplant 

16 non-Federal funds, or the distribution of funds to 

17 State or local educational agencies that apply to 

18 the receipt of funds from such programs. 

19 ‘‘(C) RECORDS.—A school that consolidates 

20 funds from different Federal programs under this 

21 section shall not be required to maintain sepa22 rate fiscal accounting records, by program, that 

23 identify the specific activities supported by those 

24 particular funds as long as it maintains records 

25 that demonstrate that the schoolwide program, 


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1 considered as a whole addresses the intent and 

2 purposes of each of the Federal programs that 

3 were consolidated to support the schoolwide pro4 gram. 

5 ‘‘(4) PROFESSIONAL DEVELOPMENT.—Each 

6 school receiving funds under this part for any fiscal 

7 year shall devote sufficient resources to effectively 

8 carry out the activities described in subsection 

9 (c)(1)(D) in accordance with section 1119A for such 

10 fiscal year, except that a school may enter into a con11 sortium with another school to carry out such activi12 ties. 

13 ‘‘(c) COMPONENTS OF A SCHOOLWIDE PROGRAM.— 

14 ‘‘(1) IN GENERAL.—A schoolwide program shall 

15 include the following components: 

16 ‘‘(A) A comprehensive needs assessment of 

17 the entire school (including taking into account 

18 the needs of migratory children as defined in sec19 tion 1309(2)) that is based on information which 

20 includes the performance of children in relation 

21 to the State academic content standards and the 

22 State student academic achievement standards 

23 described in section 1111(b)(1). 

24 ‘‘(B) Schoolwide reform strategies that— 


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1 ‘‘(i) provide opportunities for all chil2 dren to meet the State’s proficient and ad3 vanced levels of student achievement de4 scribed in section 1111(b)(1)(D); 

5 ‘‘(ii) use effective methods and instruc6 tional strategies that are based upon sci7 entifically based research that— 

8 ‘‘(I) strengthen the core academic 

9 program in the school; 

10 ‘‘(II) increase the amount and 

11 quality of learning time, such as pro12 viding an extended school year and 

13 before- and after-school and summer 

14 programs and opportunities, and help 

15 provide an enriched and accelerated 

16 curriculum; and 

17 ‘‘(III) include strategies for meet18 ing the educational needs of histori19 cally underserved populations; 

20 ‘‘(iii)(I) address the needs of all chil21 dren in the school, but particularly the 

22 needs of low-achieving children and those at 

23 risk of not meeting the State student aca24 demic achievement standards who are mem25 bers of the target population of any proVerDate Mar 15 2010 15:07 Jun 10, 2011 Jkt 223001 PO 00000 Frm 00080 Fmt 6652 Sfmt 6203 E:\ERIC\H1.RH2 H1

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1 gram that is included in the schoolwide pro2 gram; and 

3 ‘‘(II) address how the school will deter4 mine if such needs have been met; and 

5 ‘‘(iv) are consistent with, and are de6 signed to implement, the State and local 

7 improvement plans, if any. 

8 ‘‘(C) Instruction by fully qualified (as de9 fined in section 8101) teachers. 

10 ‘‘(D) In accordance with section 1119A and 

11 subsection (b)(4), high quality and ongoing pro12 fessional development for teachers and para13 professionals, and, where appropriate, pupil 

14 services personnel, parents, principals, and other 

15 staff to enable all children in the school to meet 

16 the State’s student academic achievement stand17 ards. 

18 ‘‘(E) Strategies to attract high quality 

19 teachers to high need schools, such as differential 

20 pay systems or performance based pay. 

21 ‘‘(F) Strategies to increase parental involve22 ment in accordance with section 1118, such as 

23 family literary services. 

24 ‘‘(G) Plans for assisting preschool children 

25 in the transition from early childhood programs, 


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1 such as Head Start, Even Start, Early Reading 

2 First, or a State-run preschool program, to local 

3 elementary school programs. 

4 ‘‘(H) Measures to include teachers in the de5 cisions regarding the use of academic assessments 

6 described in section 1111(b)(4) in order to pro7 vide information on, and to improve, the per8 formance of individual students and the overall 

9 instructional program. 

10 ‘‘(I) Activities to ensure that students who 

11 experience difficulty mastering the proficient or 

12 advanced levels of academic achievement stand13 ards required by section 1111(b) shall be pro14 vided with effective, timely additional assistance 

15 which shall include measures to ensure that stu16 dents’ difficulties are identified on a timely basis 

17 and to provide sufficient information on which 

18 to base effective assistance. 

19 ‘‘(2) PLAN.—Any eligible school that desires to 

20 operate a schoolwide program shall first develop (or 

21 amend a plan for such a program that was in exist22 ence on the day before the effective date of the No 

23 Child Left Behind Act of 2001), a comprehensive plan 

24 for reforming the total instructional program in the 

25 school that— 


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1 ‘‘(A) incorporates the components described 

2 in paragraph (1); 

3 ‘‘(B) describes how the school will use re4 sources under this part and from other sources to 

5 implement those components; and 

6 ‘‘(C) includes a list of State and local edu7 cational agency programs and other Federal pro8 grams under subsection (b)(3) that will be con9 solidated in the schoolwide program. 

10 ‘‘(3) PLAN DEVELOPMENT.—The comprehensive 

11 plan shall be— 

12 ‘‘(A) developed during a 1-year period, un13 less— 

14 ‘‘(i) the local educational agency deter15 mines that less time is needed to develop 

16 and implement the schoolwide program; or 

17 ‘‘(ii) the school operated a schoolwide 

18 program on the day preceding the effective 

19 date of the No Child Left Behind Act of 

20 2001, in which case such school may con21 tinue to operate such program, but shall de22 velop amendments to its existing plan dur23 ing the first year of assistance after that 

24 date to reflect the provisions of this section; 


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1 ‘‘(B) developed with the involvement of par2 ents and other members of the community to be 

3 served and individuals who will carry out such 

4 plan, including teachers, principals, and admin5 istrators (including administrators of programs 

6 described in other parts of this title), and, if ap7 propriate, pupil services personnel, technical as8 sistance providers, school staff, and, if the plan 

9 relates to a secondary school, students from such 

10 school; 

11 ‘‘(C) in effect for the duration of the school’s 

12 participation under this part and reviewed and 

13 revised, as necessary, by the school; 

14 ‘‘(D) available to the local educational 

15 agency, parents, and the public, and the infor16 mation contained in such plan shall be provided 

17 in a format, and to the extent practicable, in a 

18 language that they can understand; and 

19 ‘‘(E) if appropriate, developed in coordina20 tion with programs under Reading First, Early 

21 Reading First, Even Start, Carl D. Perkins Vo22 cational and Technical Education Act of 1998, 

23 and the Head Start Act. 


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1 ‘‘(d) ACCOUNTABILITY.—A schoolwide program under 

2 this section shall be subject to the school improvement provi3 sions of section 1116. 

4 ‘‘(e) PREKINDERGARTEN PROGRAM.—A school that is 

5 eligible for a schoolwide program under this section may 

6 use funds made available under this title to establish or en7 hance prekindergarten programs for 3-, 4-, and 5-year-old 

8 children, such as Even Start programs or Early Reading 

9 First programs. 

10 ‘‘SEC. 1115. TARGETED ASSISTANCE SCHOOLS. 

11 ‘‘(a) IN GENERAL.—In all schools selected to receive 

12 funds under section 1113(f) that are ineligible for a 

13 schoolwide program under section 1114, or that choose not 

14 to operate such a schoolwide program, a local educational 

15 agency may use funds received under this part only for pro16 grams that provide services to eligible children under sub17 section (b) identified as having the greatest need for special 

18 assistance. 

19 ‘‘(b) ELIGIBLE CHILDREN.— 

20 ‘‘(1) ELIGIBLE POPULATION.—(A) The eligible 

21 population for services under this section is— 

22 ‘‘(i) children not older than age 21 who are 

23 entitled to a free public education through grade 

24 12; and 


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

2 level at which the local educational agency pro3 vides a free public education. 

4 ‘‘(B) From the population described in subpara5 graph (A), eligible children are children identified by 

6 the school as failing, or most at risk of failing, to 

7 meet the State’s challenging student academic achieve8 ment standards on the basis of academic assessments 

9 under this part, and, as appropriate, on the basis of 

10 multiple, educationally related, objective criteria es11 tablished by the local educational agency and supple12 mented by the school, except that children from pre13 school through grade 2 may be selected solely on the 

14 basis of such criteria as teacher judgment, interviews 

15 with parents, and other appropriate measures. 

16 ‘‘(2) CHILDREN INCLUDED.—(A)(i) Children 

17 with disabilities, migrant children, and children with 

18 limited English proficiency are eligible for services 

19 under this part on the same basis as other children. 

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

21 used to provide services that are otherwise required by 

22 law to be made available to such children but may be 

23 used to coordinate or supplement such services. 

24 ‘‘(B) A child who, at any time in the 2 years 

25 preceding the year for which the determination is 


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1 made, participated in a Head Start, Even Start, or 

2 Early Reading First program, or in preschool services 

3 under this title, is eligible for services under this part. 

4 ‘‘(C)(i) A child who, at any time in the 2 years 

5 preceding the year for which the determination is 

6 made, received services under part C is eligible for 

7 services under this part. 

8 ‘‘(ii) A child in a local institution for neglected 

9 or delinquent children or attending a community day 

10 program for such children is eligible for services 

11 under this part. 

12 ‘‘(D) A child who is homeless and attending any 

13 school in the local educational agency is eligible for 

14 services under this part. 

15 ‘‘(c) COMPONENTS OF A TARGETED ASSISTANCE

16 SCHOOL PROGRAM.— 

17 ‘‘(1) IN GENERAL.—To assist targeted assistance 

18 schools and local educational agencies to meet their 

19 responsibility to provide for all their students served 

20 under this title the opportunity to meet the State’s 

21 challenging student academic achievement standards 

22 in subjects as determined by the State, each targeted 

23 assistance program under this section shall— 

24 ‘‘(A) use such program’s resources under 

25 this part to help participating children meet 


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1 such State’s challenging student academic 

2 achievement standards expected for all children; 

3 ‘‘(B) ensure that planning for students 

4 served under this part is incorporated into exist5 ing school planning; 

6 ‘‘(C) use effective methods and instructional 

7 strategies that are based upon scientifically 

8 based research that strengthens the core academic 

9 program of the school and that— 

10 ‘‘(i) give primary consideration to pro11 viding extended learning time such as an 

12 extended school year, before- and after13 school, and summer programs and opportu14 nities; 

15 ‘‘(ii) help provide an accelerated, high16 quality curriculum, including applied 

17 learning; and 

18 ‘‘(iii) minimize removing children 

19 from the regular classroom during regular 

20 school hours for instruction provided under 

21 this part; 

22 ‘‘(D) coordinate with and support the reg23 ular education program, which may include 

24 services to assist preschool children in the transi25 tion from early childhood programs such as 


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1 Head Start, Even Start, Early Reading First or 

2 State-run preschool programs to elementary 

3 school programs; 

4 ‘‘(E) provide instruction by fully qualified 

5 teachers as defined in section 8101; 

6 ‘‘(F) in accordance with subsection (e)(3) 

7 and section 1119A, provide opportunities for 

8 professional development with resources provided 

9 under this part, and, to the extent practicable, 

10 from other sources, for teachers, principals, and 

11 administrators and other school staff, including, 

12 if appropriate, pupil services personnel, who 

13 work with participating children in programs 

14 under this section or in the regular education 

15 program; and 

16 ‘‘(G) provide strategies to increase parental 

17 involvement in accordance with section 1118, 

18 such as family literacy services. 

19 ‘‘(2) REQUIREMENTS.—Each school conducting a 

20 program under this section shall assist participating 

21 children selected in accordance with subsection (b) to 

22 meet the State’s proficient and advanced levels of 

23 achievement by— 

24 ‘‘(A) the coordination of resources provided 

25 under this part with other resources; and 


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1 ‘‘(B) reviewing, on an ongoing basis, the 

2 progress of participating children and revising 

3 the targeted assistance program, if necessary, to 

4 provide additional assistance to enable such chil5 dren to meet the State’s challenging student aca6 demic achievement standards, such as an ex7 tended school year, before- and after-school, and 

8 summer programs and opportunities, training 

9 for teachers regarding how to identify students 

10 that require additional assistance, and training 

11 for teachers regarding how to implement student 

12 academic achievement standards in the class13 room. 

14 ‘‘(d) INTEGRATION OF PROFESSIONAL DEVELOP15 MENT.—To promote the integration of staff supported with 

16 funds under this part, public school personnel who are paid 

17 with funds received under this part may participate in gen18 eral professional development and school planning activi19 ties. 

20 ‘‘(e) SPECIAL RULES.— 

21 ‘‘(1) SIMULTANEOUS SERVICE.—Nothing in this 

22 section shall be construed to prohibit a school from 

23 serving students served under this section simulta24 neously with students with similar educational needs, 

25 in the same educational settings where appropriate. 


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1 ‘‘(2) COMPREHENSIVE SERVICES.—If medical, 

2 nutrition, and other social services are not otherwise 

3 available to eligible children in a targeted assistance 

4 school and such school, if appropriate, has engaged in 

5 a comprehensive needs assessment and established a 

6 collaborative partnership with local service providers, 

7 and if funds are not reasonably available from other 

8 public or private sources to provide such services, then 

9 a portion of the funds provided under this part may 

10 be used as a last resort to provide such services, in11 cluding— 

12 ‘‘(A) the provision of basic medical equip13 ment, such as eyeglasses and hearing aids; and 

14 ‘‘(B) professional development necessary to 

15 assist teachers, pupil services personnel, other 

16 staff, and parents in identifying and meeting the 

17 comprehensive needs of eligible children. 

18 ‘‘(3) PROFESSIONAL DEVELOPMENT.—Each 

19 school receiving funds under this part for any fiscal 

20 year shall devote sufficient resources to carry out ef21 fectively the professional development activities de22 scribed in subparagraph (F) of subsection (c)(1) in 

23 accordance with section 1119A for such fiscal year, 

24 except that a school may enter into a consortium with 

25 another school to carry out such activities.’’. 


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1 SEC. 105. SCHOOL CHOICE. 

2 Section 1115A is amended to read as follows: 

3 ‘‘SEC. 1115A. SCHOOL CHOICE. 

4 ‘‘(a) CHOICE PROGRAMS.—A local educational agency 

5 may use funds under this part, in combination with State, 

6 local, and private funds, to develop and implement public 

7 school choice programs, for children eligible for assistance 

8 under this part, which permit parents to select the public 

9 school that their child will attend. 

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

11 chooses to implement a public school choice program shall 

12 first develop a plan that includes a description of how the 

13 local educational agency will use resources under this part 

14 and from other resources to implement the plan, and assur15 ances that— 

16 ‘‘(1) all eligible students across grade levels 

17 served under this part will have equal access to the 

18 program; 

19 ‘‘(2) the plan will be developed with the involve20 ment of parents and others in the community to be 

21 served and individuals who will carry out the plan, 

22 including administrators, teachers, principals, and 

23 other staff; 

24 ‘‘(3) parents of eligible students in the local edu25 cational agency will be given prompt notice of the ex26 istence of the public school choice program and its 


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1 availability to them, and a clear explanation of how 

2 the program will operate; 

3 ‘‘(4) the program will include charter schools 

4 and any other public school and shall not include a 

5 school that is or has been identified as a school in 

6 school improvement or is or has been in corrective ac7 tion for the past 2 consecutive years; and 

8 ‘‘(5) such local educational agency will comply 

9 with the other requirements of this part. 

10 ‘‘(c) TRANSPORTATION.—Transportation services or 

11 the costs of transportation may be provided by the local edu12 cational agency, except that such agency may not use more 

13 than a total of 15 percent of its allocation under this part 

14 for such purposes.’’. 

15 SEC. 106. ACADEMIC ASSESSMENT AND LOCAL EDU16 CATIONAL AGENCY AND SCHOOL IMPROVE17 MENT. 

18 The section heading and subsections (a) through (d) 

19 of section 1116 are amended to read as follows: 

20 ‘‘SEC. 1116. ACADEMIC ASSESSMENT AND LOCAL EDU21 CATIONAL AGENCY AND SCHOOL IMPROVE22 MENT. 

23 ‘‘(a) LOCAL REVIEW.—Each local educational agency 

24 receiving funds under this part shall— 


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1 ‘‘(1) use the State academic assessments de2 scribed in the State plan to review annually the 

3 progress of each school served under this part to deter4 mine whether the school is making adequate yearly 

5 progress as defined in section 1111(b)(2)(B); 

6 ‘‘(2) publicize and disseminate to teachers and 

7 other staff, parents, students, and the community, the 

8 results of the annual review under paragraph (2); 

9 ‘‘(3) review the effectiveness of the actions and 

10 activities the schools are carrying out under this part 

11 with respect to parental involvement assisted under 

12 this Act. 

13 ‘‘(b) SCHOOL IMPROVEMENT.— 

14 ‘‘(1) IN GENERAL.— 

15 ‘‘(A) IDENTIFICATION.—A local educational 

16 agency shall identify for school improvement any 

17 elementary or secondary school served under this 

18 part that— 

19 ‘‘(i) fails, for any year, to make ade20 quate yearly progress as defined in the 

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

22 ‘‘(ii) was in school improvement status 

23 under this section immediately before the ef24 fective date of the No Child Left Behind Act 

25 of 2001. 


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1 ‘‘(B) DEADLINE.—The identification de2 scribed in subparagraph (A) shall take place not 

3 later than the first day of the school year fol4 lowing such failure to make adequate yearly 

5 progress. 

6 ‘‘(C) APPLICATION.—This paragraph does 

7 not apply to a school if almost every student in 

8 the school is meeting the State’s advanced level 

9 of performance. 

10 ‘‘(D) REVIEW.—To determine if an elemen11 tary school or a secondary school that is con12 ducting a targeted assistance program under sec13 tion 1115 should be identified for school im14 provement under this subsection, a local edu15 cational agency may choose to review the 

16 progress of only the students in the school who 

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

18 part. 

19 ‘‘(E) PUBLIC SCHOOL CHOICE.—In the case 

20 of a school identified for school improvement 

21 under subparagraph (A), the local educational 

22 agency shall, not later than the first day of the 

23 school year following identification, provide all 

24 students enrolled in the school with the option to 

25 transfer to another public school within the local 


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1 educational agency, including a public charter 

2 school, that has not been identified for school im3 provement under subparagraph (A), unless such 

4 an option is prohibited by State law. 

5 ‘‘(F) TRANSFER.—Students who use the op6 tion to transfer under subparagraph (E) shall be 

7 enrolled in classes and other activities in the 

8 public school to which they transfer in the same 

9 manner as all other children at the public school. 

10 ‘‘(2) OPPORTUNITY TO REVIEW AND PRESENT

11 EVIDENCE; TIME LIMIT.— 

12 ‘‘(A) Before identifying an elementary 

13 school or a secondary school for school improve14 ment under paragraph (1), for corrective action 

15 under paragraph (6), or for restructuring under 

16 paragraph (7), the local educational agency shall 

17 provide the school with an opportunity to review 

18 the school-level data, including academic assess19 ment data, on which the proposed identification 

20 is based. 

21 ‘‘(B) EVIDENCE.—If the principal of a 

22 school proposed for identification under para23 graph (1), (6), or (7) believes, or a majority of 

24 the parents of the students enrolled in such school 

25 believe, that the proposed identification is in 


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1 error for statistical or other substantive reasons, 

2 the principal may provide supporting evidence 

3 to the local educational agency, which shall con4 sider that evidence before making a final deter5 mination. 

6 ‘‘(C) FINAL DETERMINATION.—Not later 

7 than 30 days after a local educational agency 

8 provides the school with the opportunity to re9 view such school level data, the local educational 

10 agency shall make public a final determination 

11 on the status of the school. 

12 ‘‘(3) SCHOOL PLAN.— 

13 ‘‘(A) REVISED PLAN.—After the resolution 

14 of a review under paragraph (2), each school 

15 identified under paragraph (1) for school im16 provement shall, not later than 3 months after 

17 being so identified, develop or revise a school 

18 plan, in consultation with parents, school staff, 

19 the local educational agency serving the school, 

20 the local school board, and other outside experts, 

21 for approval by such local educational agency. 

22 The school plan shall cover a 2-year period 

23 and— 

24 ‘‘(i) incorporate scientifically based re25 search strategies that strengthen the core 


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1 academic subjects in the school and address 

2 the specific academic issues that caused the 

3 school to be identified for school improve4 ment; 

5 ‘‘(ii) adopt policies and practices con6 cerning the school’s core academic subjects 

7 that have the greatest likelihood of ensuring 

8 that all groups of students specified in sec9 tion 1111(b)(2)(C)(iii)(I) and (II) and en10 rolled in the school will meet the State’s 

11 proficient level of achievement on the State 

12 academic assessment described in section 

13 1111(b)(4) not later than 10 years after the 

14 date of enactment of the No Child Left Be15 hind Act of 2001; 

16 ‘‘(iii) provide an assurance that the 

17 school shall reserve not less than 10 percent 

18 of the funds made available to the school 

19 under this part for each fiscal year that the 

20 school is in school improvement status, for 

21 the purpose of providing to the school’s 

22 teachers and principal high-quality profes23 sional development that— 

24 ‘‘(I) directly addresses the aca25 demic performance problem that 


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1 caused the school to be identified for 

2 school improvement; 

3 ‘‘(II) meets the requirements for 

4 professional development activities 

5 under section 1119A; and 

6 ‘‘(III) is provided in a manner 

7 that affords greater opportunity for 

8 participating in such professional de9 velopment; 

10 ‘‘(iv) specify how the funds described 

11 in clause (iii) will be used to remove the 

12 school from school improvement status; 

13 ‘‘(v) establish specific annual, measur14 able goals for continuous and significant 

15 progress by each group of students specified 

16 in section 1111(b)(2)(C)(iii)(I) and (II) 

17 and enrolled in the school that will ensure 

18 that all such groups of students shall meet 

19 the State’s proficient level of achievement on 

20 the State academic assessment described in 

21 section 1111(b)(4) not later than 10 years 

22 after the date of enactment of the No Child 

23 Left Behind Act of 2001; 

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1 fication to parents of each student enrolled 

2 in such school, in a format and, to the ex3 tent practicable, in a language the parents 

4 can understand; 

5 ‘‘(vii) specify the responsibilities of the 

6 school, the local educational agency, and the 

7 State educational agency serving the school 

8 under the plan, including the technical as9 sistance to be provided by the local edu10 cational agency under paragraph (4); and 

11 ‘‘(viii) incorporate, as appropriate, ex12 tended learning time for students, such as 

13 before school, after school, during the sum14 mer and extension of the school year. 

15 ‘‘(B) CONDITIONAL APPROVAL.—The local 

16 educational agency may condition approval of a 

17 school plan on— 

18 ‘‘(i) inclusion of 1 or more of the cor19 rective actions specified in paragraph 

20 (6)(D)(ii); or 

21 ‘‘(ii) feedback on the school improve22 ment plan from parents and community 

23 leaders. 

24 ‘‘(C) PLAN IMPLEMENTATION.—Except as 

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1 plement the school plan (including a revised 

2 plan) expeditiously, but not later than the begin3 ning of the school year following the school year 

4 in which the failure to make adequate yearly 

5 progress took place. 

6 ‘‘(D) Notwithstanding subparagraph (C), in 

7 a case in which a plan is not approved prior to 

8 the beginning of a school year, such plan shall 

9 be implemented immediately upon approval. 

10 ‘‘(E) LOCAL EDUCATIONAL AGENCY AP11 PROVAL.—The local educational agency shall— 

12 ‘‘(i) establish a peer-review process to 

13 assist with review of a school plan prepared 

14 by a school served by the local educational 

15 agency; and 

16 ‘‘(ii) promptly review the school plan, 

17 work with the school as necessary, and ap18 prove the school plan if it meets the require19 ments of this paragraph. 

20 ‘‘(4) TECHNICAL ASSISTANCE.— 

21 ‘‘(A) IN GENERAL.—For each school identi22 fied for school improvement under paragraph 

23 (1), the local educational agency serving the 

24 school shall provide technical assistance as the 


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1 school develops and implements the school plan 

2 throughout the duration of such plan. 

3 ‘‘(B) SPECIFIC ASSISTANCE.—Such tech4 nical assistance— 

5 ‘‘(i) shall include assistance in ana6 lyzing data from the academic assessments 

7 required under section 1111(b)(4), and other 

8 samples of student work, to identify and ad9 dress instructional problems and solutions; 

10 ‘‘(ii) shall include assistance in identi11 fying and implementing professional devel12 opment, instructional strategies, and meth13 ods of instruction that are based upon sci14 entifically based research and that have 

15 proven effective in addressing the specific 

16 instructional issues that caused the school to 

17 be identified for school improvement; 

18 ‘‘(iii) shall include assistance in ana19 lyzing and revising the school’s budget so 

20 that the school resources are more effectively 

21 allocated for the activities most likely to in22 crease student achievement and to remove 

23 the school from school improvement status; 

24 and 

25 ‘‘(iv) may be provided— 


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1 ‘‘(I) by the local educational agen2 cy, through mechanisms authorized 

3 under section 1117; or 

4 ‘‘(II) by the State educational 

5 agency, an institution of higher edu6 cation (in full compliance with all the 

7 reporting provisions of title II of the 

8 Higher Education Act of 1965), a pri9 vate not-for-profit organization or for10 profit organization, an educational 

11 service agency, or another entity with 

12 experience in helping schools improve 

13 performance. 

14 ‘‘(C) SCIENTIFICALLY BASED RESEARCH.— 

15 Technical assistance provided under this section 

16 by a local educational agency or an entity ap17 proved by that agency shall be based on scientif18 ically based research. 

19 ‘‘(5) NOTIFICATION TO PARENTS.—A local edu20 cational agency shall promptly provide parents (in a 

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

22 they can understand) of each student in an elemen23 tary school or a secondary school identified for school 

24 improvement— 


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1 ‘‘(A) an explanation of what the school im2 provement identification means, and how the 

3 school identified for school improvement com4 pares in terms of academic achievement to other 

5 elementary schools or secondary schools served by 

6 the local educational agency and the State edu7 cational agency involved; 

8 ‘‘(B) the reasons for the identification; 

9 ‘‘(C) an explanation of what the school 

10 identified for school improvement is doing to ad11 dress the problem of low achievement; 

12 ‘‘(D) an explanation of what the local edu13 cational agency or State educational agency is 

14 doing to help the school address the achievement 

15 problem; 

16 ‘‘(E) an explanation of how parents de17 scribed in this paragraph can become involved in 

18 addressing the academic issues that caused the 

19 school to be identified for school improvement; 

20 and 

21 ‘‘(F) an explanation regarding the option of 

22 their child to transfer to another public school, 

23 including a public charter school. 

24 ‘‘(6) CORRECTIVE ACTION.— 


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1 ‘‘(A) IN GENERAL.—In this subsection, the 

2 term ‘corrective action’ means action, consistent 

3 with State law, that— 

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

6 ‘‘(I) the consistent academic fail7 ure of a school that caused the local 

8 educational agency to take such action; 

9 and 

10 ‘‘(II) any underlying staffing, 

11 curriculum, or other problems in the 

12 school; and 

13 ‘‘(ii) is designed to increase substan14 tially the likelihood that students enrolled 

15 in the school identified for corrective action 

16 will perform at the State’s proficient and 

17 advanced levels of achievement on the State 

18 academic assessment described in section 

19 1111(b)(4). 

20 ‘‘(B) SYSTEM.—In order to help students 

21 served under this part meet challenging State 

22 academic standards, each local educational agen23 cy shall implement a system of corrective action 

24 in accordance with subparagraphs (C) through 

25 (F) and paragraphs (7) through (9). 


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1 ‘‘(C) ROLE OF LOCAL EDUCATIONAL AGEN2 CY.—The local educational agency— 

3 ‘‘(i) after providing public school 

4 choice under paragraph (1)(E) and tech5 nical assistance under paragraph (4), shall 

6 identify for corrective action and take cor7 rective action with respect to any school 

8 served by the local educational agency 

9 under this part that— 

10 ‘‘(I) fails to make adequate yearly 

11 progress, as defined by the State under 

12 section 1111(b)(2), at the end of the 

13 first full school year following identi14 fication under paragraph (1); or 

15 ‘‘(II) was in school-improvement 

16 status for 2 years or in corrective-ac17 tion status under this subsection imme18 diately before the effective date of the 

19 No Child Left Behind Act of 2001; and 

20 ‘‘(ii) shall continue to provide tech21 nical assistance consistent with paragraph 

22 (4) while instituting any corrective action 

23 under clause (i); and 


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1 ‘‘(D) REQUIREMENTS.—In the case of a 

2 school described in subparagraph (C)(i), the local 

3 educational agency shall both— 

4 ‘‘(i) continue to provide all students 

5 enrolled in the school with the option to 

6 transfer to another public school within the 

7 local educational agency, including a public 

8 charter school, that has not been identified 

9 for school improvement under paragraph 

10 (1), unless such an option is prohibited by 

11 State law; and 

12 ‘‘(ii) take at least 1 of the following 

13 corrective actions: 

14 ‘‘(I) Replace the school staff which 

15 are relevant to the failure to make ade16 quate yearly progress. 

17 ‘‘(II) Institute and fully imple18 ment a new curriculum, including pro19 viding appropriate professional devel20 opment for all relevant staff, that is 

21 based on scientifically based research 

22 and offers substantial promise of im23 proving educational performance for 

24 low-performing students and the school 

25 meeting adequate yearly progress. 


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1 ‘‘(III) Significantly decrease man2 agement authority at the school level. 

3 ‘‘(IV) Appoint an outside expert 

4 to advise the school on its progress to5 ward meeting adequate yearly 

6 progress, based on its school plan 

7 under this subsection. 

8 ‘‘(V) Extend the school year or 

9 school day. 

10 ‘‘(VI) Restructure the internal or11 ganizational structure of the school. 

12 ‘‘(E) DELAY.—A local educational agency 

13 may delay, for a period not to exceed 1 year, im14 plementation of corrective action only if the 

15 school’s failure to make adequate yearly progress 

16 was justified due to exceptional or uncontrollable 

17 circumstances, such as a natural disaster or a 

18 precipitous and unforeseen decline in the finan19 cial resources of the local educational agency or 

20 school. 

21 ‘‘(F) PUBLICATION AND DISSEMINATION.— 

22 The local educational agency shall publish and 

23 disseminate information regarding any correc24 tive action the local educational agency takes 

25 under this paragraph at a school— 


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1 ‘‘(i) to the public and to the parents of 

2 each student enrolled in the school subject to 

3 corrective action; 

4 ‘‘(ii) in a format and, to the extent 

5 practicable, in a language that the parents 

6 can understand; and 

7 ‘‘(iii) through such means as the Inter8 net, the media, and public agencies. 

9 ‘‘(7) RESTRUCTURING.— 

10 ‘‘(A) FAILURE TO MAKE ADEQUATE YEARLY

11 PROGRESS.—If— 

12 ‘‘(i) a school is subject to corrective ac13 tion under paragraph (6) for one full school 

14 year, and at the end of such year continues 

15 to fail to make adequate yearly progress 

16 and students in the school who are from eco17 nomically disadvantaged families are not 

18 making statistically significant progress in 

19 the subjects included in the State’s defini20 tion of adequate yearly progress; or 

21 ‘‘(ii) for 2 additional years a school 

22 subject to corrective action under paragraph 

23 (6) fails to make adequate yearly progress, 

24 the local educational agency shall— 


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1 ‘‘(I) provide all students enrolled 

2 in the school with the option to trans3 fer to another public school within the 

4 local educational agency, including a 

5 public charter school, that has not been 

6 identified for school improvement 

7 under paragraph (1), unless prohibited 

8 by State law; 

9 ‘‘(II) make supplemental instruc10 tional services available, consistent 

11 with subsection (d)(1); and 

12 ‘‘(III) prepare a plan and make 

13 necessary arrangements to carry out 

14 subparagraph (B). 

15 ‘‘(B) ALTERNATIVE GOVERNANCE.—Not 

16 later than the beginning of the school year fol17 lowing the year in which the local educational 

18 agency implements subparagraph (A), the local 

19 educational agency shall implement 1 of the fol20 lowing alternative governance arrangements for 

21 the school consistent with State law: 

22 ‘‘(i) Reopening the school as a public 

23 charter school. 

24 ‘‘(ii) Replacing the principal and all 

25 or most of the school staff that are relevant 


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1 to the failure to make adequate yearly 

2 progress. 

3 ‘‘(iii) Entering into a contract with an 

4 entity, such as a private management com5 pany, to operate the public school. 

6 ‘‘(iv) Turning the operation of the 

7 school over to the State, if permitted under 

8 State law and agreed to by the State. 

9 ‘‘(C) AVAILABLE RESULTS.—The State edu10 cational agency shall ensure that, for any school 

11 year in which a school is subject to school im12 provement under this subsection, the results of 

13 State academic assessments for that school are 

14 available to the local educational agency by the 

15 end of the school year in which the academic as16 sessments are administered. 

17 ‘‘(D) PROMPT NOTICE.—The local edu18 cational agency shall provide prompt notice to 

19 teachers and parents whenever subparagraph (A) 

20 or (B) applies, shall provide them adequate op21 portunity to comment before taking any action 

22 under those subparagraphs and to participate in 

23 developing any plan under subparagraph 

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1 nation of the options under subparagraph (A)(i) 

2 and (ii). 

3 ‘‘(8) TRANSPORTATION.—In any case described 

4 in paragraph (6)(D)(i) and (7)(A)(ii)(I) the local 

5 educational agency— 

6 ‘‘(A) shall provide, or shall pay for the pro7 vision of, transportation for the student to the 

8 public school the child attends; and 

9 ‘‘(B) may use not more than a total of 15 

10 percent of its allocation under this part for that 

11 purpose. 

12 ‘‘(9) COOPERATIVE AGREEMENT.—In any case 

13 described in paragraph (6)(D)(i) or (7)(A)(ii)(I), if 

14 all public schools in the local educational agency to 

15 which a child may transfer to, are identified for 

16 school improvement, the agency shall, to the extent 

17 practicable, establish a cooperative agreement with 

18 other local educational agencies in the area for a 

19 transfer. 

20 ‘‘(10) DURATION.—If any school identified for 

21 corrective action or restructuring— 

22 ‘‘(A) makes adequate yearly progress for 2 

23 consecutive years, the local educational agency 

24 need no longer subject it to corrective action or 


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1 restructuring nor identify it as in need of im2 provement; or 

3 ‘‘(B) fails to make adequate yearly progress, 

4 but children from low-income families in the 

5 school make statistically significant educational 

6 progress for 1 year, the local educational agency 

7 shall place or continue as appropriate the school 

8 in corrective action under paragraph (6). 

9 ‘‘(11) STATE RESPONSIBILITIES.—The State 

10 shall— 

11 ‘‘(A) make technical assistance under sec12 tion 1117 available to all schools identified for 

13 school improvement and restructuring under this 

14 subsection; 

15 ‘‘(B) if it determines that a local edu16 cational agency has failed to carry out its re17 sponsibilities under this subsection, take such 

18 corrective actions as the State finds appropriate 

19 and in compliance with State law; and 

20 ‘‘(C) ensure that academic assessment re21 sults under this part are provided to schools 

22 within the same school year in which the assess23 ment was given. 

24 ‘‘(c) STATE REVIEW AND LOCAL EDUCATIONAL AGEN25 CY IMPROVEMENT.— 


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1 ‘‘(1) IN GENERAL.—A State shall— 

2 ‘‘(A) annually review the progress of each 

3 local educational agency receiving funds under 

4 this part to determine whether schools receiving 

5 assistance under this part are making adequate 

6 yearly progress as defined in section 1111(b)(2) 

7 toward meeting the State’s student academic 

8 achievement standards; and 

9 ‘‘(B) publicize and disseminate to local edu10 cational agencies, teachers and other staff, par11 ents, students, and the community the results of 

12 the State review consistent with section 1111, in13 cluding statistically sound disaggregated results, 

14 as required by section 1111(b)(2). 

15 ‘‘(2) IDENTIFICATION OF LOCAL EDUCATIONAL

16 AGENCY FOR IMPROVEMENT.—A State shall identify 

17 for improvement any local educational agency that— 

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

19 adequate yearly progress as defined in the 

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

21 ‘‘(B) was in improvement status under this 

22 section as this section was in effect on the day 

23 preceding the date of the enactment of the No 

24 Child Left Behind Act of 2001. 


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

2 in paragraph (2)(A) shall include any continuous pe3 riod of time immediately preceding the date of the en4 actment of the No Child Left Behind Act of 2001, dur5 ing which a local educational agency did not make 

6 adequate yearly progress as defined in the State’s 

7 plan, as such plan was in effect on the day preceding 

8 the date of such enactment. 

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

10 purposes of targeted assistance schools in a local edu11 cational agency, a State educational agency may 

12 choose to review the progress of only the students in 

13 such schools who are served or are eligible for services 

14 under this part. 

15 ‘‘(5) OPPORTUNITY TO REVIEW AND PRESENT

16 EVIDENCE.— 

17 ‘‘(A) REVIEW.—Before identifying a local 

18 educational agency for improvement under para19 graph (2), a State educational agency shall pro20 vide the local educational agency with an oppor21 tunity to review the local educational agency 

22 data, including academic assessment data, on 

23 which that proposed identification is based. 

24 ‘‘(B) SUPPORTING EVIDENCE.—If the local 

25 educational agency believes that the proposed 


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1 identification is in error for statistical or other 

2 substantive reasons, it may provide supporting 

3 evidence to the State educational agency, which 

4 such agency shall consider before making a final 

5 determination not later than 30 days after the 

6 State educational agency provides the local edu7 cational agency with the opportunity to review 

8 such data under subparagraph (A). 

9 ‘‘(6) NOTIFICATION TO PARENTS.—The State 

10 educational agency shall promptly notify parents in 

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

12 they can understand, of each student enrolled in a 

13 school in a local educational agency identified for im14 provement, of the results of the review under para15 graph (1) and, if the agency is identified as in need 

16 of improvement, the reasons for that identification 

17 and how parents can participate in upgrading the 

18 quality of the local educational agency. 

19 ‘‘(7) LOCAL EDUCATIONAL AGENCY REVISIONS.— 

20 ‘‘(A) PLAN.—Each local educational agency 

21 identified under paragraph (2) shall, not later 

22 than 3 months after being so identified, develop 

23 or revise a local educational agency plan, in con24 sultation with parents, school staff, and others. 

25 Such plan shall— 


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1 ‘‘(i) incorporate scientifically based re2 search strategies that strengthen the core 

3 academic program in the local educational 

4 agency; 

5 ‘‘(ii) identify specific goals and objec6 tives the local educational agency will un7 dertake to make adequate yearly progress 

8 and which— 

9 ‘‘(I) have the greatest likelihood of 

10 improving the performance of partici11 pating children in meeting the State’s 

12 student academic achievement stand13 ards; 

14 ‘‘(II) address the professional de15 velopment needs of staff; and 

16 ‘‘(III) include specific measurable 

17 achievement goals and targets for each 

18 of the groups of students identified in 

19 the disaggregated data pursuant to sec20 tion 1111(b)(2)(C)(iii)(I) and (II); 

21 ‘‘(iii) incorporate, as appropriate, ex22 tended learning time for students such as 

23 before school, after school, during the sum24 mer, and extension of the school year. 


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1 ‘‘(iv) identify how the local educational 

2 agency will provide written notification to 

3 parents in a format, and to the extent prac4 ticable in a language, that they can under5 stand, pursuant to paragraph (6); and 

6 ‘‘(v) specify the responsibilities of the 

7 State educational agency and the local edu8 cational agency under the plan. 

9 ‘‘(B) IMPLEMENTATION.—The local edu10 cational agency shall implement its plan or re11 vised plan expeditiously, but not later than the 

12 beginning of the school year after which the 

13 school has been identified for improvement. 

14 ‘‘(8) STATE RESPONSIBILITY.— 

15 ‘‘(A) IN GENERAL.—For each local edu16 cational agency identified under paragraph (2), 

17 the State shall provide technical or other assist18 ance, if requested, as authorized under section 

19 1117, to better enable the local educational agen20 cy— 

21 ‘‘(i) to develop and implement its re22 vised plan as approved by the State edu23 cational agency consistent with the require24 ments of this section; and 


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1 ‘‘(ii) to work with schools needing im2 provement. 

3 ‘‘(B) TECHNICAL ASSISTANCE.—Technical 

4 assistance provided under this section by the 

5 State educational agency or an entity authorized 

6 by such agency shall be based upon scientifically 

7 based research. 

8 ‘‘(9) CORRECTIVE ACTION.—In order to help stu9 dents served under this part meet challenging State 

10 academic standards, each State shall implement a 

11 system of corrective action in accordance with the fol12 lowing: 

13 ‘‘(A) IN GENERAL.—After providing tech14 nical assistance under paragraph (8) and subject 

15 to subparagraph (D), the State— 

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

17 time with respect to a local educational 

18 agency that has been identified under para19 graph (2); 

20 ‘‘(ii) shall take corrective action with 

21 respect to any local educational agency that 

22 fails to make adequate yearly progress, as 

23 defined by the State, after the end of the sec24 ond year following its identification under 

25 paragraph (2); and 


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1 ‘‘(iii) shall continue to provide tech2 nical assistance while instituting any cor3 rective action under clause (i) or (ii). 

4 ‘‘(B) DEFINITION.—As used in this para5 graph, the term ‘corrective action’ means action, 

6 consistent with State law, that— 

7 ‘‘(i) substantially and directly re8 sponds to the consistent academic failure 

9 that caused the State to take such action 

10 and to any underlying staffing, curricular, 

11 or other problems in the school; and 

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

13 having all students served under this part 

14 perform at the proficient and advanced per15 formance levels. 

16 ‘‘(C) CERTAIN LOCAL EDUCATIONAL AGEN17 CIES.—In the case of a local educational agency 

18 described in this paragraph, the State edu19 cational agency shall take not less than 1 of the 

20 following corrective actions: 

21 ‘‘(i) Withhold funds from the local edu22 cational agency. 

23 ‘‘(ii) Replace the school district per24 sonnel who are relevant to the failure to 

25 make adequate year progress. 


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1 ‘‘(iii) Remove particular schools from 

2 the jurisdiction of the local educational 

3 agency and establish alternative arrange4 ments for public governance and super5 vision of such schools. 

6 ‘‘(iv) Appoint, through the State edu7 cational agency, a receiver or trustee to ad8 minister the affairs of the local educational 

9 agency in place of the superintendent and 

10 school board. 

11 ‘‘(v) Abolish or restructure the local 

12 educational agency. 

13 ‘‘(vi) Authorize students to transfer 

14 from a school operated by a local edu15 cational agency to a higher performing pub16 lic school operated by another local edu17 cational agency, or to a public charter 

18 school and provide such students transpor19 tation (or the costs of transportation to such 

20 schools), in conjunction with not less than 1 

21 additional action described under this para22 graph. 

23 ‘‘(D) HEARING.—Prior to implementing 

24 any corrective action, the State educational 

25 agency shall provide due process and a hearing 


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1 to the affected local educational agency, if State 

2 law provides for such process and hearing. 

3 ‘‘(E) PUBLICATION.—The State educational 

4 agency shall publish, and disseminate to parents 

5 and the public any corrective action it takes 

6 under this paragraph through such means as the 

7 Internet, the media, and public agencies. 

8 ‘‘(F) DELAY.—A local educational agency 

9 may delay, for a period not to exceed 1 year, im10 plementation of corrective action if the failure to 

11 make adequate yearly progress was justified due 

12 to exceptional or uncontrollable circumstances 

13 such as a natural disaster or a precipitous and 

14 unforeseen decline in the financial resources of 

15 the local educational agency or school. 

16 ‘‘(10) SPECIAL RULE.—A local educational agen17 cy, that, for at least 2 of the 3 years following identi18 fication under paragraph (2), makes adequate yearly 

19 progress shall no longer be identified for improve20 ment. 

21 ‘‘(d) PARENTAL OPTIONS.— 

22 ‘‘(1) In any case described in subsection 

23 (b)(7)(A)(ii)(II), the local educational agency shall 

24 permit the parents of each eligible child to obtain 

25 supplemental educational services for such child from 


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1 a provider, as approved by the State educational 

2 agency in accordance with reasonable criteria that it 

3 shall adopt. Such criteria shall require a provider to 

4 demonstrate a record of effectiveness, or the potential 

5 of effectiveness, in providing supplemental instruc6 tional services to children, consistent with the instruc7 tional program of the local educational agency and 

8 the academic standards described under section 1111. 

9 ‘‘(2) SELECTION.—In obtaining services under 

10 this paragraph, a parent shall select a provider that 

11 meets the criteria described under paragraph (1). The 

12 local educational agency shall provide assistance, 

13 upon request, to parents in the selection of a provider 

14 to provide supplemental instructional services. 

15 ‘‘(3) CONTRACT.—In the case of the selection of 

16 a provider under paragraph (2) by a parent, the local 

17 educational agency shall enter into a contract with 

18 such provider. Such contract shall— 

19 ‘‘(A) require the local educational agency to 

20 develop, with parents (and the provider they 

21 have chosen), a statement of specific performance 

22 goals for the student, how the student’s progress 

23 will be measured, and a timetable for improving 

24 achievement; 


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1 ‘‘(B) provide for the termination of such 

2 contract with a provider that is unable to meet 

3 such goals and timetables; and 

4 ‘‘(C) contain provisions with respect to the 

5 making of payments to the provider by the local 

6 educational agency. 

7 ‘‘(4) ADDITIONAL LOCAL EDUCATIONAL AGENCY

8 RESPONSIBILITIES.—Each local educational agency 

9 subject to this paragraph shall provide annual notice 

10 to parents (if feasible, in the parents’ language) of the 

11 availability of services under this paragraph and the 

12 eligible providers of those services. 

13 ‘‘(5) STATE EDUCATIONAL AGENCY RESPONSIBIL14 ITIES.—Each State educational agency shall— 

15 ‘‘(A) consult with local educational agencies 

16 and promote maximum participation by pro17 viders to ensure, to the extent practicable, that 

18 parents have as many choices of those providers 

19 as possible; 

20 ‘‘(B) develop criteria consistent with para21 graph (6) and apply such criteria to potential 

22 providers to determine which, based on the qual23 ity and effectiveness of their services, are eligible 

24 to participate; 


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1 ‘‘(C) maintain an updated list of approved 

2 providers across the State, from which parents 

3 may select; 

4 ‘‘(D) develop and implement standards and 

5 techniques for monitoring the quality and effec6 tiveness of the services offered by providers, and 

7 withdraw approval from those that fail to meet 

8 those standards for two consecutive years; 

9 ‘‘(E) provide annual notice to potential 

10 providers of supplemental services of the oppor11 tunity to provide services under this paragraph 

12 and of the applicable procedures for obtaining 

13 approval from the State educational agency to be 

14 a provider of those services. 

15 ‘‘(6) CRITERIA FOR PROVIDERS.—In order for a 

16 provider to be included on the State list under para17 graph (5)(c), a provider shall agree to the following: 

18 ‘‘(A) Provide parents of children receiving 

19 supplemental instructional services under this 

20 paragraph and the appropriate local educational 

21 agency with information on the progress of their 

22 children in increasing achievement, in a format 

23 and, to the extent practicable, a language such 

24 parents can understand. 


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1 ‘‘(B) Ensure that instruction and content 

2 used by the provider is consistent with the in3 struction and content used by the local edu4 cational agency and State. 

5 ‘‘(C) Require a provider to meet all appli6 cable Federal, State, and local health, safety and 

7 civil rights laws. 

8 ‘‘(D) Ensure that all instruction and con9 tent under this paragraph shall be secular, neu10 tral, and nonideological. 

11 ‘‘(7) COSTS.— 

12 ‘‘(A) The costs of administration of this 

13 paragraph and the costs of providing such sup14 plemental instructional services shall be limited 

15 to the total of 40 percent of the per child alloca16 tion under subpart 2 of each school identified 

17 under subsection (b)(7)(A)(ii)(II); 

18 ‘‘(B) ADDITIONAL FUNDS.—If the allocation 

19 under subparagraph (A) is insufficient to pro20 vide services for all eligible students that have se21 lected a provider, a local educational agency 

22 may use funds under subpart 1 of part A of title 

23 IV to pay for additional costs; 

24 ‘‘(C) TRANSPORTATION COSTS.—A local 

25 educational agency may use up to 15 percent of 


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1 its allocation under subpart 2 for transportation 

2 costs. 

3 ‘‘(8) FUNDS PROVIDED BY STATE EDUCATIONAL

4 AGENCY.—Each State educational agency may use 

5 funds that it reserves under this part, and subpart 1 

6 of part A of title IV to provide local educational agen7 cies that do not have sufficient funds to provide serv8 ices under this paragraph for all eligible students re9 questing such services. 

10 ‘‘(9) DURATION.—The local educational agency 

11 shall continue to provide supplemental instructional 

12 services to enrolled children receiving such services 

13 under this paragraph until the child completes the 

14 grade corresponding to the highest grade offered at the 

15 public school which was identified for restructuring 

16 under subsection (b)(7), or until such school, so long 

17 as the child attends such school, is not identified 

18 under subsection (b)(1), (b)(6), or (b)(7), whichever 

19 comes earlier. 

20 ‘‘(10) DEFINITIONS.—As used in this subsection, 

21 the term— 

22 ‘‘(A) ‘eligible child’ means a child from a 

23 low-income family, as determined by the local 

24 educational agency for purposes of allocating 

25 funds to schools under section 1113(c)(1); 


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1 ‘‘(B) ‘supplemental instructional services’ 

2 means tutoring and other supplemental academic 

3 enrichment services that are in addition to in4 struction provided during the school day and are 

5 specifically designed to increase the academic 

6 achievement of eligible children on the academic 

7 assessments required under section 1111; and 

8 ‘‘(C) ‘provider’ means a non-profit or a for9 profit entity which has a demonstrated record of 

10 effectiveness or the potential of effectiveness— 

11 ‘‘(i) in providing supplemental in12 structional services that are consistent with 

13 the instructional program of the local edu14 cational agency and the academic standards 

15 described under section 1111; and 

16 ‘‘(ii) in sound fiscal management; 

17 ‘‘(D) ‘per child allocation’ means an 

18 amount that is equal to at least— 

19 ‘‘(i) the amount of the school’s alloca20 tion under subpart 2; divided by 

21 ‘‘(ii) the number of children from low22 income families enrolled in the school. 

23 ‘‘(11) PROHIBITION.—Nothing contained in this 

24 paragraph shall permit the making of any payment 


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1 under this paragraph for religious worship or in2 struction.’’. 

3 SEC. 107. STATE ASSISTANCE FOR SCHOOL SUPPORT AND 

4 IMPROVEMENT. 

5 Section 1117 is amended to read as follows: 

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

7 IMPROVEMENT. 

8 ‘‘(a) SYSTEM FOR SUPPORT.—Each State shall estab9 lish a statewide system of intensive and sustained support 

10 and improvement for local educational agencies and schools 

11 receiving funds under this part, in order to increase the 

12 opportunity for all students in those agencies and schools 

13 to meet the State’s academic content standards and student 

14 academic achievement standards. 

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

16 State shall— 

17 ‘‘(1) first, provide support and assistance to local 

18 educational agencies subject to corrective action under 

19 section 1116 and assist schools, in accordance with 

20 section 1116(b)(10), for which a local educational 

21 agency has failed to carry out its responsibilities 

22 under paragraphs (6) and (7) of section 1116(b); 

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

24 other local educational agencies identified as in need 

25 of improvement under section 1116(b); and 


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

2 other local educational agencies and schools partici3 pating under this part that need that support and as4 sistance in order to achieve the purpose of this part. 

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

6 described in subsection (a), each such system shall provide 

7 technical assistance and support through such approaches 

8 as— 

9 ‘‘(1) school support teams, composed of individ10 uals who are knowledgeable about scientifically based 

11 research and practice on teaching and learning, par12 ticularly about strategies for improving educational 

13 results for low-achieving children; and 

14 ‘‘(2) the designation and use of ‘‘Distinguished 

15 Educators’’, chosen from schools served under this 

16 part that have been especially successful in improving 

17 academic achievement. 

18 ‘‘(d) FUNDS.—Each State— 

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

20 1003(a); and 

21 ‘‘(2) may use State administrative funds author22 ized under section 1002(i) for such purpose to estab23 lish a Statewide system of support. 

24 ‘‘(e) ALTERNATIVES.—The State may devise addi25 tional approaches to providing the assistance described in 


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1 paragraphs (1) and (2) of subsection (c), such as providing 

2 assistance through institutions of higher education and edu3 cational service agencies or other local consortia, and pri4 vate providers of scientifically based technical assistance 

5 and the State may seek approval from the Secretary to use 

6 funds made available under section 1002(j) for such ap7 proaches as part of the State plan.’’. 

8 SEC. 108. ACADEMIC ACHIEVEMENT AWARDS PROGRAM. 

9 Sections 1118 through 1127 are amended to read as 

10 follows: 

11 ‘‘SEC. 1117A. ACADEMIC ACHIEVEMENT AWARDS PROGRAM. 

12 ‘‘(a) ESTABLISHMENT OF ACADEMIC ACHIEVEMENT

13 AWARDS PROGRAM.— 

14 ‘‘(1) IN GENERAL.—Each State receiving a grant 

15 under this part may establish a program for making 

16 academic achievement awards to recognize and finan17 cially reward schools served under this part that 

18 have— 

19 ‘‘(A) significantly closed the achievement 

20 gap between the groups of students defined in 

21 section 1111(b)(2); or 

22 ‘‘(B) exceeded their adequate yearly progress 

23 goals, consistent with section 1111(b)(2), for 2 or 

24 more consecutive years. 


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1 ‘‘(2) AWARDS TO TEACHERS.—A State program 

2 under paragraph (1) may also recognize and provide 

3 financial awards to teachers teaching in a school de4 scribed in such paragraph whose students consistently 

5 make significant gains in academic achievement in 

6 the areas in which the teacher provides instruction. 

7 ‘‘(b) FUNDING.— 

8 ‘‘(1) RESERVATION OF FUNDS BY STATE.—For 

9 the purpose of carrying out this section, each State re10 ceiving a grant under this part may reserve, from the 

11 amount (if any) by which the funds received by the 

12 State under this part for a fiscal year exceed the 

13 amount received by the State under this part for the 

14 preceding fiscal year, not more than 30 percent of 

15 such excess amount. 

16 ‘‘(2) USE WITHIN 3 YEARS.—Notwithstanding 

17 any other provision of law, the amount reserved 

18 under paragraph (1) by a State for each fiscal year 

19 shall remain available to the State until expended for 

20 a period not exceeding 3 years. 

21 ‘‘(3) SPECIAL ALLOCATION RULE FOR SCHOOLS

22 IN HIGH-POVERTY AREAS.— 

23 ‘‘(A) IN GENERAL.—Each State receiving a 

24 grant under this part shall distribute at least 75 

25 percent of the amount reserved under paragraph 


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1 (1) for each fiscal year to schools described in 

2 subparagraph (B), or to teachers teaching in 

3 such schools. 

4 ‘‘(B) SCHOOL DESCRIBED.—A school de5 scribed in subparagraph (A) is a school whose 

6 student population is in the highest quartile of 

7 schools statewide in terms of the percentage of 

8 children from low income families. 

9 ‘‘SEC. 1118. PARENTAL INVOLVEMENT. 

10 ‘‘(a) LOCAL EDUCATIONAL AGENCY POLICY.— 

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

12 may receive funds under this part only if such agency 

13 implements programs, activities, and procedures for 

14 the involvement of parents in programs assisted under 

15 this part consistent with the provisions of this section. 

16 Such activities shall be planned and implemented 

17 with meaningful consultation with parents of partici18 pating children. 

19 ‘‘(2) WRITTEN POLICY.—Each local educational 

20 agency that receives funds under this part shall de21 velop jointly with, agree upon with, and distribute to, 

22 parents of participating children a written parent in23 volvement policy that is incorporated into the local 

24 educational agency’s plan developed under section 

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1 ment, and describes how the local educational agency 

2 will— 

3 ‘‘(A) involve parents in the joint develop4 ment of the plan under section 1112, and the 

5 process of school review and improvement under 

6 section 1116; 

7 ‘‘(B) provide the coordination, technical as8 sistance, and other support necessary to assist 

9 participating schools in planning and imple10 menting effective parent involvement; 

11 ‘‘(C) build the schools’ and parents’ capac12 ity for strong parent involvement as described in 

13 subsection (e); 

14 ‘‘(D) coordinate and integrate parental in15 volvement strategies under this part with paren16 tal involvement strategies under other programs, 

17 such as Head Start, Early Reading First, Read18 ing First, Even Start, the Parents as Teachers 

19 Program, the Home Instruction Program for 

20 Preschool Youngsters, and State-run preschool 

21 programs; 

22 ‘‘(E) conduct, with the involvement of par23 ents, an annual evaluation of the content and ef24 fectiveness of the parental involvement policy in 


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1 improving the academic quality of the schools 

2 served under this part; and 

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

4 schools served under this part. 

5 ‘‘(3) RESERVATION.— 

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

7 agency shall reserve not less than 1 percent of 

8 such agency’s allocation under this part to carry 

9 out this section, including family literacy and 

10 parenting skills, except that this paragraph shall 

11 not apply if 1 percent of such agency’s allocation 

12 under this part (other than funds allocated 

13 under section 1002(g) for the fiscal year for 

14 which the determination is made is $5,000 or 

15 less. 

16 ‘‘(B) PARENTAL INPUT.—Parents of chil17 dren receiving services under this part shall be 

18 involved in the decisions regarding how funds re19 served under subparagraph (A) are allotted for 

20 parental involvement activities. 

21 ‘‘(C) DISTRIBUTION OF FUNDS.—Not less 

22 than 95 percent of the funds reserved under sub23 paragraph (A) shall be distributed to schools 

24 served under this part. 

25 ‘‘(b) SCHOOL PARENTAL INVOLVEMENT POLICY.— 


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1 ‘‘(1) IN GENERAL.—Each school served under 

2 this part shall jointly develop with, and distribute to, 

3 parents of participating children a written parental 

4 involvement policy, agreed upon by such parents, that 

5 shall describe the means for carrying out the require6 ments of subsections (c) through (f). Parents shall be 

7 notified of the policy in a format, and to the extent 

8 practicable in a language they can understand. Such 

9 policy shall be updated periodically to meet the 

10 changing needs of parents and the school. 

11 ‘‘(2) SPECIAL RULE.—If the school has a paren12 tal involvement policy that applies to all parents, 

13 such school may amend that policy, if necessary, to 

14 meet the requirements of this subsection. 

15 ‘‘(3) AMENDMENT.—If the local educational 

16 agency has a school district-level parental involve17 ment policy that applies to all parents, such agency 

18 may amend that policy, if necessary, to meet the re19 quirements of this subsection. 

20 ‘‘(4) PARENTAL COMMENTS.—If the plan under 

21 section 1112 is not satisfactory to the parents of par22 ticipating children, the local educational agency shall 

23 submit any parent comments with such plan when 

24 such local educational agency submits the plan to the 

25 State. 


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

2 this part shall— 

3 ‘‘(1) convene an annual meeting, at a convenient 

4 time, to which all parents of participating children 

5 shall be invited and encouraged to attend, to inform 

6 parents of their school’s participation under this part 

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

8 right to be involved; 

9 ‘‘(2) offer a flexible number of meetings, such as 

10 meetings in the morning or evening, and may pro11 vide, with funds provided under this part, transpor12 tation, child care, or home visits, as such services re13 late to parental involvement; 

14 ‘‘(3) involve parents, in an organized, ongoing, 

15 and timely way, in the planning, review, and im16 provement of programs under this part, including the 

17 school parental involvement policy and the joint de18 velopment of the schoolwide program plan under sec19 tion 1114(c)(2) and (c)(3), except that if a school has 

20 in place a process for involving parents in the joint 

21 planning and design of its programs, the school may 

22 use that process, if such process includes an adequate 

23 representation of parents of participating children; 

24 ‘‘(4) provide parents of participating children— 


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1 ‘‘(A) timely information about programs 

2 under this part; 

3 ‘‘(B) a description and explanation of the 

4 curriculum in use at the school, the forms of aca5 demic assessment used to measure student 

6 progress, and the proficiency levels students are 

7 expected to meet; and 

8 ‘‘(5) if the schoolwide program plan under sec9 tion 1114(c)(2) and (c)(3) is not satisfactory to the 

10 parents of participating children, submit any parent 

11 comments on the plan when the school makes the plan 

12 available to the local educational agency. 

13 ‘‘(d) SHARED RESPONSIBILITIES FOR HIGH STUDENT

14 PERFORMANCE.—As a component of the school-level paren15 tal involvement policy developed under subsection (b), each 

16 school served under this part shall agree with parents of 

17 children served under this part regarding how parents, the 

18 entire school staff, and students will share the responsibility 

19 for improved student achievement and the means by which 

20 the school and parents will build and develop a partnership 

21 to help children achieve the State’s high academic stand22 ards. 

23 ‘‘(e) BUILDING CAPACITY FOR INVOLVEMENT.—To en24 sure effective involvement of parents and to support a part25 nership among the school, parents, and the community to 


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1 improve student achievement, each school and local edu2 cational agency— 

3 ‘‘(1) shall provide assistance to participating 

4 parents in such areas as understanding the State’s 

5 academic content standards and State student aca6 demic achievement standards, State and local aca7 demic assessments, the requirements of this part, and 

8 how to monitor a child’s progress and work with edu9 cators to improve the performance of their children; 

10 ‘‘(2) shall provide materials and training to help 

11 parents to work with their children to improve their 

12 children’s achievement; 

13 ‘‘(3) shall educate teachers, pupil services per14 sonnel, principals and other staff, with the assistance 

15 of parents, in the value and utility of contributions 

16 of parents, and in how to reach out to, communicate 

17 with, and work with parents as equal partners, im18 plement and coordinate parent programs, and build 

19 ties between parents and the school; 

20 ‘‘(4) shall coordinate and integrate parent in21 volvement programs and activities with Head Start, 

22 Reading First, Early Reading First, Even Start, the 

23 Home Instruction Programs for Preschool Youngsters, 

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1 school programs and other programs, to the extent 

2 feasible and appropriate; 

3 ‘‘(5) shall ensure, to the extent possible, that in4 formation related to school and parent programs, 

5 meetings, and other activities is sent to the parents of 

6 participating children in the language used by such 

7 parents; 

8 ‘‘(6) may involve parents in the development of 

9 training for teachers, principals, and other educators 

10 to improve the effectiveness of such training in im11 proving instruction and services to the children of 

12 such parents in a format, and to the extent prac13 ticable, in a language the parent can understand; 

14 ‘‘(7) may provide necessary literacy training 

15 from funds received under this part if the local edu16 cational agency has exhausted all other reasonably 

17 available sources of funding for such activities; 

18 ‘‘(8) may pay reasonable and necessary expenses 

19 associated with local parental involvement activities, 

20 including transportation and child care costs, to en21 able parents to participate in school-related meetings 

22 and training sessions; 

23 ‘‘(9) may train parents to enhance the involve24 ment of other parents; 


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1 ‘‘(10) may arrange for teachers or other edu2 cators, who work directly with participating children, 

3 to conduct in-home conferences with parents who are 

4 unable to attend such conferences at school; 

5 ‘‘(11) may adopt and implement model ap6 proaches to improving parental involvement; 

7 ‘‘(12) may establish a districtwide parent advi8 sory council to provide advice on all matters related 

9 to parental involvement in programs supported under 

10 this part; 

11 ‘‘(13) may develop appropriate roles for commu12 nity-based organizations and businesses in parent in13 volvement activities; and 

14 ‘‘(14) may arrange for teachers or other edu15 cators, who work directly with participating children, 

16 to conduct in-home conferences with parents who are 

17 unable to attend such conferences at school. 

18 ‘‘(f) ACCESSIBILITY.—In carrying out the parental in19 volvement requirements of this part, local educational agen20 cies and schools, to the extent practicable, shall provide full 

21 opportunities for the participation of parents with limited 

22 English proficiency or with disabilities and parents of mi23 gratory children, including providing information and 

24 school reports required under section 1111 in a format, and 


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1 to the extent practicable, in a language such parents under2 stand. 

3 ‘‘SEC. 1119. QUALIFICATIONS FOR TEACHERS AND PARA4 PROFESSIONALS. 

5 ‘‘(a) TEACHERS.— 

6 ‘‘(1) IN GENERAL.—Each local educational agen7 cy receiving assistance under this part shall ensure 

8 that all teachers hired on or after the effective date of 

9 the No Child Left Behind Act of 2001 and teaching 

10 in a program supported with funds under this part 

11 are fully qualified. 

12 ‘‘(2) PLAN.—Each State receiving assistance 

13 under this part shall develop and submit to the Sec14 retary a plan to ensure that all teachers teaching 

15 within the State are fully qualified not later than De16 cember 31, 2005. Such plan shall include an assur17 ance that the State will require each local educational 

18 agency and school receiving funds under this part 

19 publicly to report their annual progress on the agen20 cy’s and the school’s performance in increasing the 

21 percentage of classes in core academic areas taught by 

22 fully qualified teachers. 

23 ‘‘(b) NEW PARAPROFESSIONALS.— 

24 ‘‘(1) IN GENERAL.—Each local educational agen25 cy receiving assistance under this part shall ensure 


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1 that all paraprofessionals hired 1 year or more after 

2 the effective date of the No Child Left Behind Act of 

3 2001 and working in a program supported with 

4 funds under this part shall— 

5 ‘‘(A) have completed at least 2 years of 

6 study at an institution of higher education; 

7 ‘‘(B) have obtained an associate’s (or high8 er) degree; or 

9 ‘‘(C) have met a rigorous standard of qual10 ity that demonstrates, through a formal aca11 demic assessment— 

12 ‘‘(i) knowledge of, and the ability to 

13 assist in instructing reading, writing, and 

14 math; or 

15 ‘‘(ii) knowledge of, and the ability to 

16 assist in instructing reading readiness, 

17 writing readiness, and math readiness, as 

18 appropriate. 

19 ‘‘(2) CLARIFICATION.—For purposes of para20 graph (1)(C), the receipt of a high school diploma (or 

21 its recognized equivalent) shall be necessary but not 

22 by itself sufficient to satisfy the requirements of such 

23 paragraph. 

24 ‘‘(c) EXISTING PARAPROFESSIONALS.—Each local edu25 cational agency receiving assistance under this part shall 


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1 ensure that all paraprofessionals hired before the date that 

2 is 1 year after the effective date of the No Child Left Behind 

3 Act of 2001 and working in a program supported with 

4 funds under this part shall, not later than 3 years after 

5 such effective date, satisfy the requirements of subsection 

6 (b). 

7 ‘‘(d) EXCEPTIONS FOR TRANSLATION AND PARENTAL

8 INVOLVEMENT ACTIVITIES.—Subsections (b) and (c) shall 

9 not apply to a paraprofessional— 

10 ‘‘(1) who is proficient in English and a language 

11 other than English and who provides services pri12 marily to enhance the participation of children in 

13 programs under this part by acting as a translator; 

14 or 

15 ‘‘(2) whose duties consist solely of conducting pa16 rental involvement activities consistent with section 

17 1118. 

18 ‘‘(e) GENERAL REQUIREMENT FOR ALL PARAPROFES19 SIONALS.—Each local educational agency receiving assist20 ance under this part shall ensure that all paraprofessionals 

21 working in a program supported with funds under this 

22 part, regardless of the paraprofessional’s hiring date, pos23 sess a high school diploma or its recognized equivalent. 

24 ‘‘(f) DUTIES OF PARAPROFESSIONALS.— 


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1 ‘‘(1) IN GENERAL.—Each local educational agen2 cy receiving assistance under this part shall ensure 

3 that a paraprofessional working in a program sup4 ported with funds under this part is not assigned a 

5 duty inconsistent with this subsection. 

6 ‘‘(2) RESPONSIBILITIES PARAPROFESSIONALS

7 MAY BE ASSIGNED.—A paraprofessional described in 

8 paragraph (1) may only be assigned— 

9 ‘‘(A) to provide one-on-one tutoring for eli10 gible students, if the tutoring is scheduled at a 

11 time when a student would not otherwise receive 

12 instruction from a teacher; 

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

14 such as organizing instructional and other mate15 rials; 

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

17 laboratory; 

18 ‘‘(D) to conduct parental involvement ac19 tivities; 

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

21 media center; 

22 ‘‘(F) to act as a translator; or 

23 ‘‘(G) to provide instructional services to stu24 dents. 


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1 ‘‘(3) ADDITIONAL LIMITATIONS.—A paraprofes2 sional described in paragraph (1)— 

3 ‘‘(A) may not provide any instructional 

4 service to a student unless the paraprofessional is 

5 working under the direct supervision of a fully 

6 qualified teacher; and 

7 ‘‘(B) may not provide instructional services 

8 to students in the area of reading, writing, or 

9 math unless the paraprofessional has dem10 onstrated, through a State or local academic as11 sessment, the ability to effectively carry out read12 ing, writing, or math instruction. 

13 ‘‘(g) USE OF FUNDS.— 

14 ‘‘(1) PROFESSIONAL DEVELOPMENT.—A local 

15 educational agency receiving funds under this part 

16 may use such funds to support ongoing training and 

17 professional development to assist teachers and para18 professionals in satisfying the requirements of this 

19 section. 

20 ‘‘(2) LIMITATION ON USE OF FUNDS FOR PARA21 PROFESSIONALS.— 

22 ‘‘(A) IN GENERAL.—Beginning on and after 

23 the effective date of the No Child Left Behind Act 

24 of 2001, a local educational agency may not use 

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1 professional hired after such date unless the hir2 ing is to fill a vacancy created by the departure 

3 of another paraprofessional funded under this 

4 part and such new paraprofessional satisfies the 

5 requirements of subsection (b), except as provided 

6 in subsection (d). 

7 ‘‘(B) EXCEPTION.—Subparagraph (A) shall 

8 not apply for a fiscal year to a local educational 

9 agency that can demonstrate to the State that all 

10 teachers under the jurisdiction of the agency are 

11 fully qualified. 

12 ‘‘(h) VERIFICATION OF COMPLIANCE.— 

13 ‘‘(1) IN GENERAL.—In verifying compliance with 

14 this section, each local educational agency at a min15 imum shall require that the principal of each school 

16 operating a program under section 1114 or 1115 an17 nually attest in writing as to whether such school is 

18 in compliance with the requirements of this section. 

19 ‘‘(2) AVAILABILITY OF INFORMATION.—Copies of 

20 attestations under paragraph (1)— 

21 ‘‘(A) shall be maintained at each school op22 erating a program under section 1114 or 1115 

23 and at the main office of the local educational 

24 agency; and 


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

2 the general public upon request. 

3 ‘‘SEC. 1119A. PROFESSIONAL DEVELOPMENT. 

4 ‘‘(a) PURPOSE.—The purpose of this section is to assist 

5 each local educational agency receiving assistance under 

6 this part in increasing the academic achievement of chil7 dren served under this part through improved teacher qual8 ity. 

9 ‘‘(b) PROFESSIONAL DEVELOPMENT ACTIVITIES.— 

10 Professional development activities under this section 

11 shall— 

12 ‘‘(1) give teachers, principals, and administra13 tors the knowledge and skills to provide students with 

14 the opportunity to meet challenging State or local 

15 academic content standards and student academic 

16 achievement standards; 

17 ‘‘(2) support the recruiting, hiring, and training 

18 of fully qualified teachers, including teachers fully 

19 qualified through State and local alternative routes; 

20 ‘‘(3) advance teacher understanding of effective 

21 instructional strategies based on scientifically based 

22 research for improving student achievement, at a 

23 minimum, in reading or language arts and mathe24 matics; 


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1 ‘‘(4) be directly related to the curriculum and 

2 content areas in which the teacher provides instruc3 tion, except this requirement does not apply to activi4 ties that instruct in methods of improving student be5 havior; 

6 ‘‘(5) be designed to enhance the ability of a 

7 teacher to understand and use the State’s academic 

8 standards for the subject area in which the teacher 

9 provides instruction; 

10 ‘‘(6) be tied to scientifically based research dem11 onstrating the effectiveness of such professional devel12 opment activities or programs in increasing student 

13 achievement or substantially increasing the knowledge 

14 and teaching skills of teachers; 

15 ‘‘(7) be of sufficient intensity and duration (not 

16 to include 1-day or short-term workshops and con17 ferences) to have a positive and lasting impact on the 

18 teacher’s performance in the classroom; 

19 ‘‘(8) be developed with extensive participation of 

20 teachers, principals, parents, and administrators of 

21 schools to be served under this part; 

22 ‘‘(9) be designed to give teachers of limited 

23 English proficient children, other teachers, and in24 structional staff the knowledge and skills to provide 

25 instruction and appropriate language and academic 


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1 support services to such children, including the ap2 propriate use of curriculum and academic assess3 ments; 

4 ‘‘(10) to the extent appropriate, provide training 

5 for teachers in the use of technology so that technology 

6 and its applications are effectively used in the class7 room to improve teaching and learning in the cur8 riculum and academic content areas in which the 

9 teachers provide instruction; and 

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

11 impact on increased teacher effectiveness and im12 proved student achievement, with the findings of such 

13 evaluations used to improve the quality of profes14 sional development. 

15 ‘‘(c) ADDITIONAL PROFESSIONAL DEVELOPMENT AC16 TIVITIES.—Such professional development activities may 

17 include— 

18 ‘‘(1) instruction in the use of data and academic 

19 assessments to inform and instruct classroom prac20 tice; 

21 ‘‘(2) instruction in ways that teachers, prin22 cipals, pupil services personnel, and school adminis23 trators may work more effectively with parents; 

24 ‘‘(3) the forming of partnerships with institu25 tions of higher education to establish school-based 


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1 teacher training programs that provide prospective 

2 teachers and novice teachers with an opportunity to 

3 work under the guidance of experienced teachers and 

4 college faculty; 

5 ‘‘(4) the creation of career ladder programs for 

6 paraprofessionals (assisting teachers under this part) 

7 to obtain the education necessary for such paraprofes8 sionals to become licensed and certified teachers; and 

9 ‘‘(5) instruction in ways to teach special needs 

10 children. 

11 ‘‘(d) PROGRAM PARTICIPATION.—Each local edu12 cational agency receiving assistance under this part may 

13 design professional development programs so that— 

14 ‘‘(1) all school staff in schools participating in 

15 a schoolwide program under section 1114 can partici16 pate in professional development activities; and 

17 ‘‘(2) all school staff in targeted assistance schools 

18 may participate in professional development activi19 ties if such participation will result in better address20 ing the needs of students served under this part. 

21 ‘‘(e) PARENTAL PARTICIPATION.—Parents may par22 ticipate in professional development activities under this 

23 part if the school determines that parental participation is 

24 appropriate. 


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1 ‘‘(f) CONSORTIA.—In carrying out such professional 

2 development programs, local educational agencies may pro3 vide services through consortia arrangements with other 

4 local educational agencies, educational service agencies or 

5 other local consortia, institutions of higher education, or 

6 other public or private institutions or organizations. 

7 ‘‘(g) CONSOLIDATION OF FUNDS.—Funds provided 

8 under this part that are used for professional development 

9 purposes may be consolidated with funds provided under 

10 title II of this Act and other sources. 

11 ‘‘(h) SPECIAL RULE.—No State educational agency 

12 shall require a school or a local educational agency to ex13 pend a specific amount of funds for professional develop14 ment activities under this part, except that this paragraph 

15 shall not apply with respect to requirements under section 

16 1116(b)(3)(A)(iii). 

17 ‘‘SEC. 1120. PARTICIPATION OF CHILDREN ENROLLED IN 

18 PRIVATE SCHOOLS. 

19 ‘‘(a) GENERAL REQUIREMENT.— 

20 ‘‘(1) IN GENERAL.—To the extent consistent with 

21 the number of eligible children identified under sec22 tion 1115(b) in a local educational agency who are 

23 enrolled in private elementary and secondary schools, 

24 a local educational agency shall, after timely and 

25 meaningful consultation with appropriate private 


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1 school officials, provide such children, on an equitable 

2 basis, special educational services or other benefits 

3 under this part (such as dual enrollment, educational 

4 radio and television, computer equipment and mate5 rials, other technology, and mobile educational serv6 ices and equipment) that address their needs, and 

7 shall ensure that teachers and families of these stu8 dents participate, on an equitable basis, in services 

9 and activities developed pursuant to sections 1118 

10 and 1119A. 

11 ‘‘(2) SECULAR, NEUTRAL, NONIDEOLOGICAL.— 

12 Such educational services or other benefits, including 

13 materials and equipment, shall be secular, neutral, 

14 and nonideological. 

15 ‘‘(3) EQUITY.—Educational services and other 

16 benefits for such private school children shall be equi17 table in comparison to services and other benefits for 

18 public school children participating under this part, 

19 and shall be provided in a timely manner. 

20 ‘‘(4) EXPENDITURES.—Expenditures for edu21 cational services and other benefits to eligible private 

22 school children shall be equal to the proportion of 

23 funds allocated to participating school attendance 

24 areas based on the number of children from low-in25 come families who attend private schools, which the 


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1 local educational agency may determine each year or 

2 every 2 years. 

3 ‘‘(5) PROVISION OF SERVICES.—The local edu4 cational agency shall provide services under this sec5 tion directly or through contracts with public and 

6 private agencies, organizations, and institutions. 

7 ‘‘(b) CONSULTATION.— 

8 ‘‘(1) IN GENERAL.—To ensure timely and mean9 ingful consultation, a local educational agency shall 

10 consult with appropriate private school officials dur11 ing the design and development of such agency’s pro12 grams under this part, on issues such as— 

13 ‘‘(A) how the children’s needs will be identi14 fied; 

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

16 ‘‘(C) how, where, and by whom the services 

17 will be provided; 

18 ‘‘(D) how the services will be academically 

19 assessed and how the results of that assessment 

20 will be used to improve those services; 

21 ‘‘(E) the size and scope of the equitable serv22 ices to be provided to the eligible private school 

23 children, and the amount of funds generated by 

24 low-income private school children in each par25 ticipating attendance area; 


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1 ‘‘(F) the method or sources of data that are 

2 used under subsection (a)(4) and section 

3 1113(c)(2) to determine the number of children 

4 from low-income families in participating school 

5 attendance areas who attend private schools; and 

6 ‘‘(G) how and when the agency will make 

7 decisions about the delivery of services to such 

8 children, including a thorough consideration and 

9 analysis of the views of the private school offi10 cials on the provision of contract services 

11 through potential third party providers. 

12 If the local educational agency disagrees with the 

13 views of the private school officials on the provision 

14 of services, through a contract, the local educational 

15 agency shall provide in writing to such private school 

16 officials, an analysis of the reasons why the local edu17 cational agency has chosen not to use a contractor. 

18 ‘‘(2) TIMING.—Such consultation shall include 

19 meetings of agency and private school officials and 

20 shall occur before the local educational agency makes 

21 any decision that affects the opportunities of eligible 

22 private school children to participate in programs 

23 under this part. Such meetings shall continue 

24 throughout implementation and assessment of services 

25 provided under this section. 


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1 ‘‘(3) DISCUSSION.—Such consultation shall in2 clude a discussion of service delivery mechanisms a 

3 local educational agency can use to provide equitable 

4 services to eligible private school children. 

5 ‘‘(4) DOCUMENTATION.—Each local educational 

6 agency shall maintain in its records and provide to 

7 the State educational agency a written affirmation 

8 signed by officials of each participating private school 

9 that the consultation required by this section has oc10 curred. 

11 ‘‘(5) COMPLIANCE.—Private school officials shall 

12 have the right to appeal to the State as to whether the 

13 consultation provided for in this section was mean14 ingful and timely, and that due consideration was 

15 given to the views of private school officials. If the 

16 private school wishes to appeal, the basis of the claim 

17 of noncompliance with this section by a local edu18 cational agency shall be provided to the State, and 

19 the local educational agency shall forward the docu20 mentation provided in subsection (b)(4) to the State. 

21 ‘‘(c) PUBLIC CONTROL OF FUNDS.— 

22 ‘‘(1) IN GENERAL.—The control of funds pro23 vided under this part, and title to materials, equip24 ment, and property purchased with such funds, shall 


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1 be in a public agency, and a public agency shall ad2 minister such funds and property. 

3 ‘‘(2) PROVISION OF SERVICES.—(A) The provi4 sion of services under this section shall be provided— 

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

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

7 with an individual, association, agency, or orga8 nization. 

9 ‘‘(B) In the provision of such services, such em10 ployee, person, association, agency, or organization 

11 shall be independent of such private school and of any 

12 religious organization, and such employment or con13 tract shall be under the control and supervision of 

14 such public agency. 

15 ‘‘(d) STANDARDS FOR A BYPASS.—If a local edu16 cational agency is prohibited by law from providing for the 

17 participation on an equitable basis of eligible children en18 rolled in private elementary and secondary schools or if the 

19 Secretary determines that a local educational agency has 

20 substantially failed or is unwilling to provide for such par21 ticipation, as required by this section, the Secretary shall— 

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

23 such local educational agency; 

24 ‘‘(2) arrange for the provision of services to such 

25 children through arrangements that shall be subject to 


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1 the requirements of this section and sections 8505 and 

2 8506; and 

3 ‘‘(3) in making the determination, consider 1 or 

4 more factors, including the quality, size, scope, and 

5 location of the program and the opportunity of eligi6 ble children to participate. 

7 ‘‘(e) CAPITAL EXPENSES.— 

8 ‘‘(1) IN GENERAL.—(A) From the amount appro9 priated for this subsection under section 1002(g) for 

10 any fiscal year, each State is eligible to receive an 

11 amount that bears the same ratio to the amount so 

12 appropriated as the number of private school children 

13 who received services under this part in the State in 

14 the most recent year for which data satisfactory to the 

15 Secretary are available bears to the number of such 

16 children in all States in that same year. 

17 ‘‘(B) The Secretary shall reallocate any amounts 

18 allocated under subparagraph (A) that are not used 

19 by a State for the purpose of this subsection to other 

20 States on the basis of their respective needs, as deter21 mined by the Secretary. 

22 ‘‘(2) CAPITAL EXPENSES.—(A) A local edu23 cational agency may apply to the State educational 

24 agency for payments for capital expenses consistent 

25 with this subsection. 


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1 ‘‘(B) State educational agencies shall distribute 

2 such funds under this subsection to local educational 

3 agencies based on the degree of need set forth in their 

4 respective applications for assistance under this sub5 section. 

6 ‘‘(3) USES OF FUNDS.—Any funds appropriated 

7 to carry out this subsection shall be used only for cap8 ital expenses incurred to provide equitable services for 

9 private school children under this section. 

10 ‘‘SEC. 1120A. FISCAL REQUIREMENTS. 

11 ‘‘(a) MAINTENANCE OF EFFORT.—A local educational 

12 agency may receive funds under this part for any fiscal 

13 year only if the State educational agency finds that the 

14 local educational agency has maintained its fiscal effort in 

15 accordance with section 8501 of this Act. 

16 ‘‘(b) FEDERAL FUNDS TO SUPPLEMENT, NOT SUP17 PLANT, NON-FEDERAL FUNDS.— 

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

19 agency shall use funds received under this part only 

20 to supplement the amount of funds that would, in the 

21 absence of such Federal funds, be made available from 

22 non-Federal sources for the education of pupils par23 ticipating in programs assisted under this part, and 

24 not to supplant such funds. 


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1 ‘‘(2) SPECIAL RULE.—No local educational agen2 cy shall be required to provide services under this 

3 part through a particular instructional method or in 

4 a particular instructional setting in order to dem5 onstrate such agency’s compliance with paragraph 

6 (1). 

7 ‘‘(c) COMPARABILITY OF SERVICES.— 

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

9 paragraphs (4) and (5), a local educational agency 

10 may receive funds under this part only if State and 

11 local funds will be used in schools served under this 

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

13 least comparable to services in schools that are not re14 ceiving funds under this part. 

15 ‘‘(B) If the local educational agency is serving 

16 all of such agency’s schools under this part, such 

17 agency may receive funds under this part only if such 

18 agency will use State and local funds to provide serv19 ices that, taken as a whole, are substantially com20 parable in each school. 

21 ‘‘(C) A local educational agency may meet the 

22 requirements of subparagraphs (A) and (B) on a 

23 grade-span by grade-span basis or a school-by-school 

24 basis. 


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1 ‘‘(2) WRITTEN ASSURANCE.—(A) A local edu2 cational agency shall be considered to have met the re3 quirements of paragraph (1) if such agency has filed 

4 with the State educational agency a written assur5 ance that such agency has established and imple6 mented— 

7 ‘‘(i) a local educational agency-wide salary 

8 schedule; 

9 ‘‘(ii) a policy to ensure equivalence among 

10 schools in teachers, administrators, and other 

11 staff; and 

12 ‘‘(iii) a policy to ensure equivalence among 

13 schools in the provision of curriculum materials 

14 and instructional supplies. 

15 ‘‘(B) For the purpose of subparagraph (A), in 

16 the determination of expenditures per pupil from 

17 State and local funds, or instructional salaries per 

18 pupil from State and local funds, staff salary dif19 ferentials for years of employment shall not be in20 cluded in such determinations. 

21 ‘‘(C) A local educational agency need not include 

22 unpredictable changes in student enrollment or per23 sonnel assignments that occur after the beginning of 

24 a school year in determining comparability of services 

25 under this subsection. 


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1 ‘‘(3) PROCEDURES AND RECORDS.—Each local 

2 educational agency assisted under this part shall— 

3 ‘‘(A) develop procedures for compliance with 

4 this subsection; and 

5 ‘‘(B) maintain records that are updated bi6 ennially documenting such agency’s compliance 

7 with this subsection. 

8 ‘‘(4) INAPPLICABILITY.—This subsection shall 

9 not apply to a local educational agency that does not 

10 have more than 1 building for each grade span. 

11 ‘‘(5) COMPLIANCE.—For the purpose of deter12 mining compliance with paragraph (1), a local edu13 cational agency may exclude State and local funds 

14 expended for— 

15 ‘‘(A) English language instruction for chil16 dren of limited English proficiency; and 

17 ‘‘(B) excess costs of providing services to 

18 children with disabilities as determined by the 

19 local educational agency. 

20 ‘‘(d) EXCLUSION OF FUNDS.—For the purpose of 

21 complying with subsections (b) and (c), a State or local 

22 educational agency may exclude supplemental State or 

23 local funds expended in any school attendance area or 

24 school for programs that meet the intent and purposes of 

25 this part. 


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1 ‘‘SEC. 1120B. COORDINATION REQUIREMENTS. 

2 ‘‘(a) IN GENERAL.—Each local educational agency re3 ceiving assistance under this part shall carry out the activi4 ties described in subsection (b) with Head Start Agencies, 

5 and if feasible, other early childhood development programs 

6 such as Early Reading First. 

7 ‘‘(b) ACTIVITIES.—The activities referred to in sub8 section (a) are activities that increase coordination between 

9 the local educational agency and a Head Start agency, and, 

10 if feasible, other early childhood development programs, 

11 such as Early Reading First serving children who will at12 tend the schools of such agency, including— 

13 ‘‘(1) developing and implementing a systematic 

14 procedure for receiving records regarding such chil15 dren transferred with parental consent from a Head 

16 Start program or, where applicable, other early child17 hood development programs such as Early Reading 

18 First; 

19 ‘‘(2) establishing channels of communication be20 tween school staff and their counterparts in such 

21 Head Start agencies (including teachers, social work22 ers, and health staff) or other early childhood develop23 ment programs such as Early Reading First, as ap24 propriate, to facilitate coordination of programs; 

25 ‘‘(3) conducting meetings involving parents, kin26 dergarten or elementary school teachers, and Head 


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1 Start teachers or, if appropriate, teachers from other 

2 early childhood development programs such as Early 

3 Reading First, to discuss the developmental and other 

4 needs of individual children; 

5 ‘‘(4) organizing and participating in joint tran6 sition related training of school staff, Head Start 

7 staff, Early Reading First staff and, where appro8 priate, other early childhood staff; and 

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

10 such local educational agency with the services pro11 vided in local Head Start agencies and Early Read12 ing First programs. 

13 ‘‘(c) COORDINATION OF REGULATIONS.—The Secretary 

14 shall work with the Secretary of Health and Human Serv15 ices to coordinate regulations promulgated under this part 

16 with regulations promulgated under the Head Start Act. 

17 ‘‘Subpart 2—Allocations 

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

19 SECRETARY OF THE INTERIOR. 

20 ‘‘(a) RESERVATION OF FUNDS.—From the amount ap21 propriated for payments to States for any fiscal year under 

22 section 1002(a), the Secretary shall reserve a total of 1 per23 cent to provide assistance to— 

24 ‘‘(1) the outlying areas in the amount deter25 mined in accordance with subsection (b); and 


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

2 necessary to make payments pursuant to subsection 

3 (d). 

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

5 ‘‘(1) FUNDS RESERVED.—From the amount 

6 made available for any fiscal year under subsection 

7 (a), the Secretary shall award grants to the outlying 

8 areas. 

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

10 years 2002 and 2003, the Secretary shall carry out 

11 the competition described in paragraph (3), except 

12 that the amount reserved to carry out such competi13 tion shall not exceed the amount reserved under this 

14 section for the freely associated states for fiscal year 

15 1999. 

16 ‘‘(3) LIMITATION FOR COMPETITIVE GRANTS.— 

17 ‘‘(A) COMPETITIVE GRANTS.—The Secretary 

18 shall use funds described in paragraph (2) to 

19 award grants, on a competitive basis, to the out20 lying areas and freely associated States to carry 

21 out the purposes of this part. 

22 ‘‘(B) AWARD BASIS.—The Secretary shall 

23 award grants under subparagraph (A) on a com24 petitive basis, pursuant to the recommendations 


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1 of the Pacific Region Educational Laboratory in 

2 Honolulu, Hawaii. 

3 ‘‘(C) ADMINISTRATIVE COSTS.—The Sec4 retary may provide not more than 5 percent of 

5 the amount reserved for grants under this para6 graph to pay the administrative costs of the Pa7 cific Region Educational Laboratory under sub8 paragraph (B). 

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

10 Law 95–134, permitting the consolidation of grants 

11 by the outlying areas, shall not apply to funds pro12 vided to the freely associated States under this sec13 tion. 

14 ‘‘(c) DEFINITIONS.—For the purposes of subsections 

15 (a) and (b)— 

16 ‘‘(1) the term ‘freely associated States’ means the 

17 Republic of the Marshall Islands, the Federated States 

18 of Micronesia, and the Republic of Palau; and 

19 ‘‘(2) the term ‘outlying area’ means the United 

20 States Virgin Islands, Guam, American Samoa, and 

21 the Commonwealth of the Northern Mariana Islands. 

22 ‘‘(d) ALLOTMENT TO THE SECRETARY OF THE INTE23 RIOR.— 

24 ‘‘(1) IN GENERAL.—The amount allotted for pay25 ments to the Secretary of the Interior under subVerDate Mar 15 2010 15:07 Jun 10, 2011 Jkt 223001 PO 00000 Frm 00166 Fmt 6652 Sfmt 6203 E:\ERIC\H1.RH2 H1

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1 section (a)(2) for any fiscal year shall be, as deter2 mined pursuant to criteria established by the Sec3 retary, the amount necessary to meet the special edu4 cational needs of— 

5 ‘‘(A) Indian children on reservations served 

6 by elementary and secondary schools for Indian 

7 children operated or supported by the Depart8 ment of the Interior; and 

9 ‘‘(B) out-of-State Indian children in ele10 mentary and secondary schools in local edu11 cational agencies under special contracts with 

12 the Department of the Interior. 

13 ‘‘(2) PAYMENTS.—From the amount allotted for 

14 payments to the Secretary of the Interior under sub15 section (a)(2), the Secretary of the Interior shall make 

16 payments to local educational agencies, upon such 

17 terms as the Secretary determines will best carry out 

18 the purposes of this part, with respect to out-of-State 

19 Indian children described in paragraph (1). The 

20 amount of such payment may not exceed, for each 

21 such child, the greater of— 

22 ‘‘(A) 40 percent of the average per-pupil ex23 penditure in the State in which the agency is lo24 cated; or 


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

2 United States. 

3 ‘‘SEC. 1122. AMOUNTS FOR BASIC GRANTS, CONCENTRA4 TION GRANTS, AND TARGETED GRANTS. 

5 ‘‘(a) ALLOCATION FORMULA.—Of the amount appro6 priated to carry out this part for each of fiscal years 2002 

7 through 2006 (referred to in this subsection as the current 

8 fiscal year)— 

9 ‘‘(1) an amount equal to the amount appro10 priated to carry out section 1124 for fiscal year 2001 

11 shall be allocated in accordance with section 1124; 

12 ‘‘(2) an amount equal to the amount appro13 priated to carry out section 1124A for fiscal year 

14 2001 shall be allocated in accordance with section 

15 1124A; and 

16 ‘‘(3) an amount equal to 100 percent of the 

17 amount, if any, by which the amount appropriated 

18 under section 1002(a) for the current fiscal year ex19 ceeds the amount appropriated under such section for 

20 fiscal year 2001 shall be allocated in accordance with 

21 section 1125. 

22 ‘‘(b) ADJUSTMENTS WHERE NECESSITATED BY AP23 PROPRIATIONS.— 

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

25 this part for any fiscal year are insufficient to pay 


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1 the full amounts that all local educational agencies in 

2 States are eligible to receive under sections 1124, 

3 1124A, and 1125 for such year, the Secretary shall 

4 ratably reduce the allocations to such local edu5 cational agencies, subject to subsections (c) and (d) of 

6 this section. 

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

8 become available for making payments under sections 

9 1124, 1124A, and 1125 for such fiscal year, alloca10 tions that were reduced under paragraph (1) shall be 

11 increased on the same basis as they were reduced. 

12 ‘‘(c) HOLD-HARMLESS AMOUNTS.— 

13 ‘‘(1) AMOUNTS FOR SECTIONS 1124 AND 1125.— 

14 For each fiscal year, the amount made available to 

15 each local educational agency under each of sections 

16 1124 and 1125 shall be— 

17 ‘‘(A) not less than 95 percent of the amount 

18 made available in the preceding fiscal year if the 

19 number of children counted for grants under sec20 tion 1124 is not less than 30 percent of the total 

21 number of children aged 5 to 17 years, inclusive, 

22 in the local educational agency; 

23 ‘‘(B) not less than 90 percent of the amount 

24 made available in the preceding fiscal year if the 


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1 percentage described in subparagraph (A) is be2 tween 15 percent and 30 percent; and 

3 ‘‘(C) not less than 85 percent of the amount 

4 made available in the preceding fiscal year if the 

5 percentage described in subparagraph (A) is 

6 below 15 percent. 

7 ‘‘(2) AMOUNT FOR SECTION 1124A.—The amount 

8 made available to each local educational agency 

9 under section 1124A shall be not less than 85 percent 

10 of the amount made available in the preceding fiscal 

11 year. 

12 ‘‘(3) PAYMENTS.—If sufficient funds are appro13 priated, the amounts described in paragraph (2) shall 

14 be paid to all local educational agencies that received 

15 grants under section 1124A for the preceding fiscal 

16 year, regardless of whether the local educational agen17 cy meets the minimum eligibility criteria for that fis18 cal year provided in section 1124A(a)(1)(A) except 

19 that a local educational agency that does not meet 

20 such minimum eligibility criteria for 4 consecutive 

21 years shall no longer be eligible to receive a hold 

22 harmless amount referred to in paragraph (2). 

23 ‘‘(4) POPULATION DATA.—In any fiscal year for 

24 which the Secretary calculates grants on the basis of 

25 population data for counties, the Secretary shall 


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1 apply the hold harmless percentages in paragraphs 

2 (1) and (2) to counties, and if the Secretary’s alloca3 tion for a county is not sufficient to meet the hold4 harmless requirements of this subsection for every 

5 local educational agency within that county, the State 

6 educational agency shall reallocate funds proportion7 ately from all other local educational agencies in the 

8 State that are receiving funds in excess of the hold 

9 harmless amounts specified in this subsection. 

10 ‘‘(d) RATABLE REDUCTIONS.— 

11 ‘‘(1) IN GENERAL.—If the sums made available 

12 under this part for any fiscal year are insufficient to 

13 pay the full amounts that all States are eligible to re14 ceive under subsection (c) for such year, the Secretary 

15 shall ratably reduce such amounts for such year. 

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

17 become available for making payments under sub18 section (c) for such fiscal year, amounts that were re19 duced under paragraph (1) shall be increased on the 

20 same basis as such amounts were reduced. 

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

22 sections 1124, 1124A, and 1125, the term ‘State’ means 

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

24 Commonwealth of Puerto Rico. 


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1 ‘‘SEC. 1124. BASIC GRANTS TO LOCAL EDUCATIONAL AGEN2 CIES. 

3 ‘‘(a) AMOUNT OF GRANTS.— 

4 ‘‘(1) GRANTS FOR LOCAL EDUCATIONAL AGEN5 CIES AND PUERTO RICO.—Except as provided in 

6 paragraph (4) and in section 1126, the grant that a 

7 local educational agency is eligible to receive under 

8 this section for a fiscal year is the amount determined 

9 by multiplying— 

10 ‘‘(A) the number of children counted under 

11 subsection (c); and 

12 ‘‘(B) 40 percent of the average per-pupil ex13 penditure in the State, except that the amount 

14 determined under this subparagraph shall not be 

15 less than 32 percent or more than 48 percent, of 

16 the average per-pupil expenditure in the United 

17 States. 

18 ‘‘(2) CALCULATION OF GRANTS.— 

19 ‘‘(A) ALLOCATIONS TO LOCAL EDUCATIONAL

20 AGENCIES.—The Secretary shall calculate grants 

21 under this section on the basis of the number of 

22 children counted under subsection (c) for local 

23 educational agencies, unless the Secretary and 

24 the Secretary of Commerce determine that some 

25 or all of those data are unreliable or that their 


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1 use would be otherwise inappropriate, in which 

2 case— 

3 ‘‘(i) the 2 Secretaries shall publicly 

4 disclose the reasons for their determination 

5 in detail; and 

6 ‘‘(ii) paragraph (3) shall apply. 

7 ‘‘(B) ALLOCATIONS TO LARGE AND SMALL

8 LOCAL EDUCATIONAL AGENCIES.—(i) For any 

9 fiscal year in which this paragraph applies, the 

10 Secretary shall calculate grants under this sec11 tion for each local educational agency. 

12 ‘‘(ii) The amount of a grant under this sec13 tion for each large local educational agency shall 

14 be the amount determined under clause (i). 

15 ‘‘(iii) For small local educational agencies, 

16 the State educational agency may either— 

17 ‘‘(I) distribute grants under this sec18 tion in amounts determined by the Sec19 retary under clause (i); or 

20 ‘‘(II) use an alternative method ap21 proved by the Secretary to distribute the 

22 portion of the State’s total grants under this 

23 section that is based on those small agen24 cies. 


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1 ‘‘(iv) An alternative method under clause 

2 (iii)(II) shall be based on population data that 

3 the State educational agency determines best re4 flect the current distribution of children in poor 

5 families among the State’s small local edu6 cational agencies that meet the eligibility criteria 

7 of subsection (b). 

8 ‘‘(v) If a small local educational agency is 

9 dissatisfied with the determination of its grant 

10 by the State educational agency under clause 

11 (iii)(II), it may appeal that determination to the 

12 Secretary, who shall respond not later than 45 

13 days after receipt of such appeal. 

14 ‘‘(vi) As used in this subparagraph— 

15 ‘‘(I) the term ‘large local educational 

16 agency’ means a local educational agency 

17 serving an area with a total population of 

18 20,000 or more; and 

19 ‘‘(II) the term ‘small local educational 

20 agency’ means a local educational agency 

21 serving an area with a total population of 

22 less than 20,000. 

23 ‘‘(3) ALLOCATIONS TO COUNTIES.— 

24 ‘‘(A) CALCULATION.—For any fiscal year to 

25 which this paragraph applies, the Secretary shall 


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1 calculate grants under this section on the basis 

2 of the number of children counted under section 

3 1124(c) for counties, and State educational agen4 cies shall suballocate county amounts to local 

5 educational agencies, in accordance with regula6 tions issued by the Secretary. 

7 ‘‘(B) DIRECT ALLOCATIONS.—In any State 

8 in which a large number of local educational 

9 agencies overlap county boundaries, or for which 

10 the State believes it has data that would better 

11 target funds than allocating them by county, the 

12 State educational agency may apply to the Sec13 retary for authority to make the allocations 

14 under this part for a particular fiscal year di15 rectly to local educational agencies without re16 gard to counties. 

17 ‘‘(C) ASSURANCES.—If the Secretary ap18 proves the State educational agency’s application 

19 under subparagraph (B), the State educational 

20 agency shall provide the Secretary an assurance 

21 that such allocations shall be made— 

22 ‘‘(i) using precisely the same factors 

23 for determining a grant as are used under 

24 this part; or 


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1 ‘‘(ii) using data that the State edu2 cational agency submits to the Secretary for 

3 approval that more accurately target pov4 erty. 

5 ‘‘(D) APPEAL.—The State educational agen6 cy shall provide the Secretary an assurance that 

7 it shall establish a procedure through which a 

8 local educational agency that is dissatisfied with 

9 its determinations under subparagraph (B) may 

10 appeal directly to the Secretary for a final deter11 mination. 

12 ‘‘(4) PUERTO RICO.— 

13 ‘‘(A) IN GENERAL.—For each fiscal year, 

14 the grant which the Commonwealth of Puerto 

15 Rico shall be eligible to receive under this section 

16 shall be the amount determined by multiplying 

17 the number of children counted under subsection 

18 (c) for the Commonwealth of Puerto Rico by the 

19 product of— 

20 ‘‘(i) the percentage which the average 

21 per-pupil expenditure in the Commonwealth 

22 of Puerto Rico is of the lowest average per23 pupil expenditure of any of the 50 States; 

24 and 


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1 ‘‘(ii) 32 percent of the average per2 pupil expenditure in the United States. 

3 ‘‘(B) MINIMUM PERCENTAGE.—The percent4 age in subparagraph (A)(i) shall not be less 

5 than— 

6 ‘‘(i) for fiscal year 2002, 77.5 percent; 

7 ‘‘(ii) for fiscal year 2003, 80.0 percent; 

8 ‘‘(iii) for fiscal year 2004, 82.5 per9 cent; and 

10 ‘‘(iv) for fiscal year 2005 and suc11 ceeding fiscal years, 85.0 percent. 

12 ‘‘(C) LIMITATION.—If the application of 

13 subparagraph (B) would result in any of the 50 

14 States or the District of Columbia receiving less 

15 under this part than it received under this part 

16 for the preceding fiscal year, the percentage in 

17 subparagraph (A) shall be the greater of the per18 centage in subparagraph (A)(i) or the percentage 

19 used for the preceding fiscal year. 

20 ‘‘(5) DEFINITION.—For purposes of this sub21 section, the term ‘State’ does not include Guam, 

22 American Samoa, the Virgin Islands, and the North23 ern Mariana Islands. 

24 ‘‘(b) MINIMUM NUMBER OF CHILDREN TO QUALIFY.— 

25 A local educational agency is eligible for a basic grant 


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1 under this section for any fiscal year only if the number 

2 of children counted under subsection (c) for that agency is 

3 both— 

4 ‘‘(1) 10 or more; and 

5 ‘‘(2) more than 2 percent of the total school-age 

6 population in the agency’s jurisdiction. 

7 ‘‘(c) CHILDREN TO BE COUNTED.— 

8 ‘‘(1) CATEGORIES OF CHILDREN.—The number 

9 of children to be counted for purposes of this section 

10 is the aggregate of— 

11 ‘‘(A) the number of children aged 5 to 17, 

12 inclusive, in the school district of the local edu13 cational agency from families below the poverty 

14 level as determined under paragraph (2); 

15 ‘‘(B) the number of children (determined 

16 under paragraph (4) for either the preceding 

17 year as described in that paragraph, or for the 

18 second preceding year, as the Secretary finds ap19 propriate) aged 5 to 17, inclusive, in the school 

20 district of such agency in institutions for ne21 glected and delinquent children (other than such 

22 institutions operated by the United States), but 

23 not counted pursuant to subpart 1 of part D for 

24 the purposes of a grant to a State agency, or 


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1 being supported in foster homes with public 

2 funds; and 

3 ‘‘(C) the number of children aged 5 to 17, 

4 inclusive, in the school district of such agency 

5 from families above the poverty level as deter6 mined under paragraph (4). 

7 ‘‘(2) DETERMINATION OF NUMBER OF CHIL8 DREN.—For the purposes of this section, the Secretary 

9 shall determine the number of children aged 5 to 17, 

10 inclusive, from families below the poverty level on the 

11 basis of the most recent satisfactory data, described in 

12 paragraph (3), available from the Department of 

13 Commerce. The District of Columbia and the Com14 monwealth of Puerto Rico shall be treated as indi15 vidual local educational agencies. If a local edu16 cational agency contains 2 or more counties in their 

17 entirety, then each county will be treated as if such 

18 county were a separate local educational agency for 

19 purposes of calculating grants under this part. The 

20 total of grants for such counties shall be allocated to 

21 such a local educational agency, which local edu22 cational agency shall distribute to schools in each 

23 county within such agency a share of the local edu24 cational agency’s total grant that is no less than the 


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1 county’s share of the population counts used to cal2 culate the local educational agency’s grant. 

3 ‘‘(3) POPULATION UPDATES.—In fiscal year 

4 2001 and every 2 years thereafter, the Secretary shall 

5 use updated data on the number of children, aged 5 

6 to 17, inclusive, from families below the poverty level 

7 for local educational agencies or counties, published 

8 by the Department of Commerce, unless the Secretary 

9 and the Secretary of Commerce determine that use of 

10 the updated population data would be inappropriate 

11 or unreliable. If the Secretary and the Secretary of 

12 Commerce determine that some or all of the data re13 ferred to in this paragraph are inappropriate or un14 reliable, they shall publicly disclose their reasons. In 

15 determining the families which are below the poverty 

16 level, the Secretary shall utilize the criteria of poverty 

17 used by the Bureau of the Census in compiling the 

18 most recent decennial census, in such form as those 

19 criteria have been updated by increases in the Con20 sumer Price Index for all urban consumers, published 

21 by the Bureau of Labor Statistics. 

22 ‘‘(4) OTHER CHILDREN TO BE COUNTED.—For 

23 the purposes of this section, the Secretary shall deter24 mine the number of children aged 5 to 17, inclusive, 

25 from families above the poverty level on the basis of 


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1 the number of such children from families receiving 

2 an annual income, in excess of the current criteria of 

3 poverty, from payments under a State program fund4 ed under part A of title IV of the Social Security Act; 

5 and in making such determinations the Secretary 

6 shall utilize the criteria of poverty used by the Bu7 reau of the Census in compiling the most recent de8 cennial census for a family of 4 in such form as those 

9 criteria have been updated by increases in the Con10 sumer Price Index for all urban consumers, published 

11 by the Bureau of Labor Statistics. The Secretary shall 

12 determine the number of such children and the num13 ber of children aged 5 through 17 living in institu14 tions for neglected or delinquent children, or being 

15 supported in foster homes with public funds, on the 

16 basis of the caseload data for the month of October of 

17 the preceding fiscal year (using, in the case of chil18 dren described in the preceding sentence, the criteria 

19 of poverty and the form of such criteria required by 

20 such sentence which were determined for the calendar 

21 year preceding such month of October) or, to the ex22 tent that such data are not available to the Secretary 

23 before January of the calendar year in which the Sec24 retary’s determination is made, then on the basis of 

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1 retary at the time of such determination. The Sec2 retary of Health and Human Services shall collect 

3 and transmit the information required by this sub4 paragraph to the Secretary not later than January 1 

5 of each year. For the purpose of this section, the Sec6 retary shall consider all children who are in correc7 tional institutions to be living in institutions for de8 linquent children. 

9 ‘‘(5) ESTIMATE.—When requested by the Sec10 retary, the Secretary of Commerce shall make a spe11 cial updated estimate of the number of children of 

12 such ages who are from families below the poverty 

13 level (as determined under subparagraph (A) of this 

14 paragraph) in each school district, and the Secretary 

15 is authorized to pay (either in advance or by way of 

16 reimbursement) the Secretary of Commerce the cost of 

17 making this special estimate. The Secretary of Com18 merce shall give consideration to any request of the 

19 chief executive of a State for the collection of addi20 tional census information. 

21 ‘‘(d) STATE MINIMUM.—Notwithstanding section 1122, 

22 the aggregate amount allotted for all local educational agen23 cies within a State may not be less than the lesser of— 

24 ‘‘(1) 0.25 percent of total grants under this sec25 tion; or 


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1 ‘‘(2) the average of— 

2 ‘‘(A) one-quarter of 1 percent of the total 

3 amount available for such fiscal year under this 

4 section; and 

5 ‘‘(B) the number of children in such State 

6 counted under subsection (c) in the fiscal year 

7 multiplied by 150 percent of the national aver8 age per-pupil payment made with funds avail9 able under this section for that year. 

10 ‘‘SEC. 1124A. CONCENTRATION GRANTS TO LOCAL EDU11 CATIONAL AGENCIES. 

12 ‘‘(a) ELIGIBILITY FOR AND AMOUNT OF GRANTS.— 

13 ‘‘(1) IN GENERAL.—(A) Except as otherwise pro14 vided in this paragraph, each local educational agen15 cy, in a State other than Guam, American Samoa, 

16 the Virgin Islands, and the Commonwealth of the 

17 Northern Mariana Islands, which is eligible for a 

18 grant under section 1124 for any fiscal year is eligi19 ble for an additional grant under this section for that 

20 fiscal year if the number of children counted under 

21 section 1124(c) in the agency exceeds either— 

22 ‘‘(i) 6,500; or 

23 ‘‘(ii) 15 percent of the total number of chil24 dren aged 5 through 17 in the agency. 


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1 ‘‘(B) Notwithstanding section 1122, no State de2 scribed in subparagraph (A) shall receive less than the 

3 lesser of— 

4 ‘‘(i) 0.25 percent of total grants; or 

5 ‘‘(ii) the average of— 

6 ‘‘(I) one-quarter of 1 percent of the 

7 sums available to carry out this section for 

8 such fiscal year; and 

9 ‘‘(II) the greater of— 

10 ‘‘(aa) $340,000; or 

11 ‘‘(bb) the number of children in 

12 such State counted for purposes of this 

13 section in that fiscal year multiplied 

14 by 150 percent of the national average 

15 per-pupil payment made with funds 

16 available under this section for that 

17 year. 

18 ‘‘(2) SPECIAL RULE.—For each county or local 

19 educational agency eligible to receive an additional 

20 grant under this section for any fiscal year the Sec21 retary shall determine the product of— 

22 ‘‘(A) the number of children counted under 

23 section 1124(c) for that fiscal year; and 

24 ‘‘(B) the quotient resulting from the divi25 sion of the amount determined for those agencies 


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1 under section 1124(a)(1) for the fiscal year for 

2 which the determination is being made divided 

3 by the total number of children counted under 

4 section 1124(c) for that agency for that fiscal 

5 year. 

6 ‘‘(3) AMOUNT.—The amount of the additional 

7 grant for which an eligible local educational agency 

8 or county is eligible under this section for any fiscal 

9 year shall be an amount which bears the same ratio 

10 to the amount available to carry out this section for 

11 that fiscal year as the product determined under 

12 paragraph (2) for such local educational agency for 

13 that fiscal year bears to the sum of such products for 

14 all local educational agencies in the United States for 

15 that fiscal year. 

16 ‘‘(4) LOCAL ALLOCATIONS.—(A) Grant amounts 

17 under this section shall be determined in accordance 

18 with section 1124(a)(2) and (3). 

19 ‘‘(B) For any fiscal year for which the Secretary 

20 allocates funds under this section on the basis of coun21 ties, a State may reserve not more than 2 percent of 

22 its allocation under this section to make grants to 

23 local educational agencies that meet the criteria of 

24 paragraph (1)(A)(i) or (ii) and are in ineligible 

25 counties that do not meet these criteria. 


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1 ‘‘(b) STATES RECEIVING MINIMUM GRANTS.—In 

2 States that receive the minimum grant under subsection 

3 (a)(1)(B), the State educational agency shall allocate such 

4 funds among the local educational agencies in each State 

5 either— 

6 ‘‘(1) in accordance with paragraphs (2) and (4) 

7 of subsection (a); or 

8 ‘‘(2) based on their respective concentrations and 

9 numbers of children counted under section 1124(c), 

10 except that only those local educational agencies with 

11 concentrations or numbers of children counted under 

12 section 1124(c) that exceed the statewide average per13 centage of such children or the statewide average 

14 number of such children shall receive any funds on 

15 the basis of this paragraph. 

16 ‘‘SEC. 1125. TARGETED GRANTS TO LOCAL EDUCATIONAL 

17 AGENCIES. 

18 ‘‘(a) ELIGIBILITY OF LOCAL EDUCATIONAL AGEN19 CIES.—A local educational agency in a State is eligible to 

20 receive a targeted grant under this section for any fiscal 

21 year if the number of children in the local educational agen22 cy counted under subsection 1124(c), before application of 

23 the weighting factor described in subsection (c), is at least 

24 10, and if the number of children counted for grants under 

25 section 1124 is at least 5 percent of the total population 


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1 aged 5 to 17 years, inclusive, in the local educational agen2 cy. For each fiscal year for which the Secretary uses county 

3 population data to calculate grants, funds made available 

4 as a result of applying this subsection shall be reallocated 

5 by the State educational agency to other eligible local edu6 cational agencies in the State in proportion to the distribu7 tion of other funds under this section. 

8 ‘‘(b) GRANTS FOR LOCAL EDUCATIONAL AGENCIES, 

9 THE DISTRICT OF COLUMBIA, AND PUERTO RICO.— 

10 ‘‘(1) IN GENERAL.—The amount of the grant 

11 that a local educational agency in a State or that the 

12 District of Columbia is eligible to receive under this 

13 section for any fiscal year shall be the product of— 

14 ‘‘(A) the weighted child count determined 

15 under subsection (c); and 

16 ‘‘(B) the amount in paragraph 

17 1124(a)(1)(B). 

18 ‘‘(2) PUERTO RICO.—For each fiscal year, the 

19 amount of the grant for which the Commonwealth of 

20 Puerto Rico is eligible under this section shall be 

21 equal to the number of children counted under sub22 section (c) for Puerto Rico, multiplied by the amount 

23 determined in subparagraph 1124(a)(4). 

24 ‘‘(c) WEIGHTED CHILD COUNT.— 


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1 ‘‘(1) WEIGHTS FOR ALLOCATIONS TO COUN2 TIES.— 

3 ‘‘(A) IN GENERAL.—For each fiscal year for 

4 which the Secretary uses county population data 

5 to calculate grants, the weighted child count used 

6 to determine a county’s allocation under this sec7 tion is the larger of the 2 amounts determined 

8 under clause (i) or (ii), as follows: 

9 ‘‘(i) BY PERCENTAGE OF CHILDREN.— 

10 This amount is determined by adding— 

11 ‘‘(I) the number of children deter12 mined under section 1124(c) for that 

13 county constituting up to 15 percent, 

14 inclusive, of the county’s total popu15 lation aged 5 to 17, inclusive, multi16 plied by 1.0; 

17 ‘‘(II) the number of such children 

18 constituting more than 15 percent, but 

19 not more than 19 percent, of such pop20 ulation, multiplied by 1.75; 

21 ‘‘(III) the number of such children 

22 constituting more than 19 percent, but 

23 not more than 24.20 percent, of such 

24 population, multiplied by 2.5; 


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1 ‘‘(IV) the number of such children 

2 constituting more than 24.20 percent, 

3 but not more than 29.20 percent, of 

4 such population, multiplied by 3.25; 

5 and 

6 ‘‘(V) the number of such children 

7 constituting more than 29.20 percent of 

8 such population, multiplied by 4.0. 

9 ‘‘(ii) BY NUMBER OF CHILDREN.—This 

10 amount is determined by adding— 

11 ‘‘(I) the number of children deter12 mined under section 1124(c) consti13 tuting up to 2,311, inclusive, of the 

14 county’s total population aged 5 to 17, 

15 inclusive, multiplied by 1.0; 

16 ‘‘(II) the number of such children 

17 between 2,312 and 7,913, inclusive, in 

18 such population, multiplied by 1.5; 

19 ‘‘(III) the number of such children 

20 between 7,914 and 23,917, inclusive, in 

21 such population, multiplied by 2.0; 

22 ‘‘(IV) the number of such children 

23 between 23,918 and 93,810, inclusive, 

24 in such population, multiplied by 2.5; 

25 and 


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1 ‘‘(V) the number of such children 

2 in excess of 93,811 in such population, 

3 multiplied by 3.0. 

4 ‘‘(B) PUERTO RICO.—Notwithstanding sub5 paragraph (A), the weighted child count for 

6 Puerto Rico under this paragraph shall not be 

7 greater than the total number of children counted 

8 under subsection 1124(c) multiplied by 1.72. 

9 ‘‘(2) WEIGHTS FOR ALLOCATIONS TO LOCAL EDU10 CATIONAL AGENCIES.— 

11 ‘‘(A) IN GENERAL.—For each fiscal year for 

12 which the Secretary uses local educational agen13 cy data, the weighted child count used to deter14 mine a local educational agency’s grant under 

15 this section is the larger of the 2 amounts deter16 mined under clauses (i) and (ii), as follows: 

17 ‘‘(i) BY PERCENTAGE OF CHILDREN.— 

18 This amount is determined by adding— 

19 ‘‘(I) the number of children deter20 mined under section 1124(c) for that 

21 local educational agency constituting 

22 up to 15.233 percent, inclusive, of the 

23 agency’s total population aged 5 to 17, 

24 inclusive, multiplied by 1.0; 


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1 ‘‘(II) the number of such children 

2 constituting more than 15.233 percent, 

3 but not more than 22.706 percent, of 

4 such population, multiplied by 1.75; 

5 ‘‘(III) the number of such children 

6 constituting more than 22.706 percent, 

7 but not more than 32.213 percent, of 

8 such population, multiplied by 2.5; 

9 ‘‘(IV) the number of such children 

10 constituting more than 32.213 percent, 

11 but not more than 41.452 percent, of 

12 such population, multiplied by 3.25; 

13 and 

14 ‘‘(V) the number of such children 

15 constituting more than 41.452 percent 

16 of such population, multiplied by 4.0. 

17 ‘‘(ii) BY NUMBER OF CHILDREN.—This 

18 amount is determined by adding— 

19 ‘‘(I) the number of children deter20 mined under section 1124(c) consti21 tuting up to 710, inclusive, of the 

22 agency’s total population aged 5 to 17, 

23 inclusive, multiplied by 1.0; 


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1 ‘‘(II) the number of such children 

2 between 711 and 2,384, inclusive, in 

3 such population, multiplied by 1.5; 

4 ‘‘(III) the number of such children 

5 between 2,385 and 9,645, inclusive, in 

6 such population, multiplied by 2.0; 

7 ‘‘(IV) the number of such children 

8 between 9,646 and 54,600, inclusive, in 

9 such population, multiplied by 2.5; 

10 and 

11 ‘‘(V) the number of such children 

12 in excess of 54,601 in such population, 

13 multiplied by 3.0. 

14 ‘‘(B) PUERTO RICO.—Notwithstanding sub15 paragraph (A), the weighted child count for 

16 Puerto Rico under this paragraph shall not be 

17 greater than the total number of children counted 

18 under section 1124(c) multiplied by 1.72. 

19 ‘‘(d) CALCULATION OF GRANT AMOUNTS.—Grants 

20 under this section shall be calculated in accordance with 

21 section 1124(a)(2) and (3). 

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

23 provision of this section or section 1122, from the total 

24 amount available for any fiscal year to carry out this sec25 tion, each State shall be allotted at least the lesser of— 


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1 ‘‘(1) 0.25 percent of total appropriations; or 

2 ‘‘(2) the average of— 

3 ‘‘(A) one-quarter of 1 percent of the total 

4 amount available to carry out this section; and 

5 ‘‘(B) 150 percent of the national average 

6 grant under this section per child described in 

7 section 1124(c), without application of a 

8 weighting factor, multiplied by the State’s total 

9 number of children described in section 1124(c), 

10 without application of a weighting factor. 

11 ‘‘SEC. 1126. SPECIAL ALLOCATION PROCEDURES. 

12 ‘‘(a) ALLOCATIONS FOR NEGLECTED CHILDREN.— 

13 ‘‘(1) IN GENERAL.—If a State educational agen14 cy determines that a local educational agency in the 

15 State is unable or unwilling to provide for the special 

16 educational needs of children who are living in insti17 tutions for neglected children as described in subpara18 graph (B) of section 1124(c)(1), the State educational 

19 agency shall, if such agency assumes responsibility for 

20 the special educational needs of such children, receive 

21 the portion of such local educational agency’s alloca22 tion under sections 1124, 1124A, and 1125 that is at23 tributable to such children. 

24 ‘‘(2) SPECIAL RULE.—If the State educational 

25 agency does not assume such responsibility, any other 


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1 State or local public agency that does assume such re2 sponsibility shall receive that portion of the local edu3 cational agency’s allocation. 

4 ‘‘(b) ALLOCATIONS AMONG LOCAL EDUCATIONAL

5 AGENCIES.—The State educational agency may allocate the 

6 amounts of grants under sections 1124, 1124A, and 1125 

7 among the affected local educational agencies— 

8 ‘‘(1) if 2 or more local educational agencies 

9 serve, in whole or in part, the same geographical 

10 area; 

11 ‘‘(2) if a local educational agency provides free 

12 public education for children who reside in the school 

13 district of another local educational agency; or 

14 ‘‘(3) to reflect the merger, creation, or change of 

15 boundaries of 1 or more local educational agencies. 

16 ‘‘(c) REALLOCATION.—If a State educational agency 

17 determines that the amount of a grant a local educational 

18 agency would receive under sections 1124, 1124A, and 1125 

19 is more than such local agency will use, the State edu20 cational agency shall make the excess amount available to 

21 other local educational agencies in the State that need addi22 tional funds in accordance with criteria established by the 

23 State educational agency. 


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1 ‘‘SEC. 1127. CARRYOVER AND WAIVER. 

2 ‘‘(a) LIMITATION ON CARRYOVER.—Notwithstanding 

3 section 421 of the General Education Provisions Act or any 

4 other provision of law, not more than 15 percent of the 

5 funds allocated to a local educational agency for any fiscal 

6 year under this subpart (but not including funds received 

7 through any reallocation under this subpart) may remain 

8 available for obligation by such agency for 1 additional fis9 cal year. 

10 ‘‘(b) WAIVER.—A State educational agency may, once 

11 every 3 years, waive the percentage limitation in subsection 

12 (a) if— 

13 ‘‘(1) the agency determines that the request of a 

14 local educational agency is reasonable and necessary; 

15 or 

16 ‘‘(2) supplemental appropriations for this sub17 part become available. 

18 ‘‘(c) EXCLUSION.—The percentage limitation under 

19 subsection (a) shall not apply to any local educational 

20 agency that receives less than $50,000 under this subpart 

21 for any fiscal year. 

22 ‘‘SEC. 1128. SECULAR, NEUTRAL, AND NONIDEOLOGICAL. 

23 ‘‘Any school that receives funds under this part shall 

24 ensure that educational services or other benefits provided 

25 under this part, including materials and equipment, shall 

26 be secular, neutral, and nonideological.’’. 


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1 PART B—STUDENT READING SKILLS 

2 IMPROVEMENT GRANTS 

3 SEC. 111. READING FIRST; EARLY READING FIRST. 

4 Part B of title I (20 U.S.C. 6361 et seq.) is amended— 

5 (1) by striking the part heading and inserting 

6 the following: 

7 ‘‘PART B—STUDENT READING SKILLS 

8 IMPROVEMENT GRANTS’’; 

9 (2) by redesignating sections 1201 through 1212 

10 as sections 1231 through 1242, respectively; and 

11 (3) by inserting after the part heading the fol12 lowing: 

13 ‘‘Subpart 1—Reading First 

14 ‘‘SEC. 1201. FINDINGS. 

15 ‘‘The Congress finds as follows: 

16 ‘‘(1) The 2000 National Assessment of Edu17 cational Progress found that 68 percent of fourth 

18 grade students in the United States are reading below 

19 the proficient level. 

20 ‘‘(2) According to the 2000 National Assessment 

21 of Educational Progress report on reading, 63 percent 

22 of African Americans, 58 percent of Hispanic Ameri23 cans, 60 percent of children living in poverty, and 47 

24 percent of children in urban schools scored ‘below 

25 basic’ in reading. 


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‘‘(3) More than 1 1 ⁄2 of the students placed in spe2 cial education classes are identified as learning dis3 abled and, for as many as 80 percent of the students 

4 so identified, reading is the primary difficulty. 

5 ‘‘(4) It is estimated that, at a minimum, 

6 10,000,000 children have difficulty learning to read. 

7 10 to 15 percent of those children eventually drop out 

8 of high school, and only 2 percent complete a 4-year 

9 program at an institution of higher education. 

10 ‘‘(5) It is estimated that the number of children 

11 who are typically identified as poor readers can be 

12 significantly reduced through the implementation of 

13 early identification and prevention programs that are 

14 based on scientifically based reading research. 

15 ‘‘(6) The report issued by the National Reading 

16 Panel in 2000 found that the course of reading in17 struction that obtains maximum benefits for students 

18 includes explicit and systematic instruction in pho19 nemic awareness, phonics, vocabulary development, 

20 reading fluency, and reading comprehension strate21 gies. 

22 ‘‘SEC. 1202. PURPOSES. 

23 ‘‘The purposes of this subpart are as follows: 

24 ‘‘(1) To provide assistance to States and local 

25 educational agencies in establishing reading programs 


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1 for students in grades kindergarten through 3 that are 

2 based on scientifically based reading research, in 

3 order to ensure that every student can read at grade 

4 level or above not later than the end of the third 

5 grade. 

6 ‘‘(2) To provide assistance to States and local 

7 educational agencies in preparing teachers, including 

8 special education teachers, through professional devel9 opment and other support, so the teachers can iden10 tify specific reading barriers facing their students 

11 and so the teachers have the tools to effectively help 

12 their students learn to read. 

13 ‘‘(3) To provide assistance to States and local 

14 educational agencies in selecting and administering 

15 rigorous diagnostic reading and screening assessment 

16 tools that are valid and reliable, document the effec17 tiveness of this subpart in improving the reading 

18 skills of students, and improve classroom instruction. 

19 ‘‘(4) To provide assistance to States and local 

20 educational agencies in selecting or developing effec21 tive classroom instructional materials, programs, and 

22 strategies to implement scientific research-based meth23 ods that have been proven to prevent or remediate 

24 reading failure. 


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1 ‘‘(5) To strengthen coordination among schools 

2 and early literacy programs in order to improve 

3 reading achievement for all children. 

4 ‘‘SEC. 1203. FORMULA GRANTS TO STATES. 

5 ‘‘(a) IN GENERAL.— 

6 ‘‘(1) AUTHORIZATION TO MAKE GRANTS.—In the 

7 case of each State that in accordance with section 

8 1204 submits to the Secretary an application for a 5- 

9 year period, the Secretary, subject to the application’s 

10 approval, shall make a grant to the State for the uses 

11 specified in subsections (c) and (d). For each fiscal 

12 year, the funds provided under the grant shall equal 

13 the allotment determined for the State under sub14 section (b). 

15 ‘‘(2) DURATION OF GRANTS.— 

16 ‘‘(A) IN GENERAL.—Subject to subpara17 graph (B), a grant under this section shall be 

18 awarded for a period of not more than 5 years. 

19 ‘‘(B) INTERIM REVIEW.— 

20 ‘‘(i) PROGRESS REPORT.— 

21 ‘‘(I) SUBMISSION.—Not later than 

22 60 days after the termination of the 

23 third year of the grant period, each 

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1 tion shall submit a progress report to 

2 the Secretary. 

3 ‘‘(II) INFORMATION INCLUDED.— 

4 The progress report shall include infor5 mation on the progress the State, and 

6 local educational agencies within the 

7 State, are making in reducing the 

8 number of students served under this 

9 subpart in the first and second grades 

10 who are reading below grade level, as 

11 demonstrated by such information as 

12 teacher reports and school evaluations 

13 of mastery of the essential components 

14 of reading instruction. The report shall 

15 also include evidence from the State 

16 and its local educational agencies that 

17 they have significantly increased the 

18 number of students reading at grade 

19 level or above, significantly increased 

20 the percentages of students in ethnic, 

21 racial, and low-income populations 

22 who are reading at grade level or 

23 above, and successfully implemented 

24 this subpart. 


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1 ‘‘(ii) PEER REVIEW.—The progress re2 port described in clause (i) shall be reviewed 

3 by the peer review panel convened under 

4 section 1204(c)(2). 

5 ‘‘(iii) CONSEQUENCES OF INSUFFI6 CIENT PROGRESS.—After the submission of 

7 the progress report described in clause (i), if 

8 the Secretary determines that the State is 

9 not making significant progress in meeting 

10 the purposes of this subpart, the Secretary 

11 may withhold from the State, in whole or in 

12 part, further payments under this section in 

13 accordance with section 455 of the General 

14 Education Provisions Act (20 U.S.C. 

15 1234d) or take such other action authorized 

16 by law as the Secretary deems necessary, 

17 including providing technical assistance 

18 upon request of the State. 

19 ‘‘(b) DETERMINATION OF AMOUNT OF ALLOTMENTS.— 

20 ‘‘(1) RESERVATIONS FROM APPROPRIATIONS.— 

21 From the total amount made available under section 

22 1002(b)(1) to carry out this subpart for a fiscal year, 

23 the Secretary— 

‘‘(A) shall reserve 1 24 ⁄2 of 1 percent for allot25 ments for the Virgin Islands, Guam, American 


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1 Samoa, and the Commonwealth of the Northern 

2 Mariana Islands, to be distributed among these 

3 outlying areas on the basis of their relative need, 

4 as determined by the Secretary in accordance 

5 with the purposes of this subpart; 

‘‘(B) shall reserve 1 6 ⁄2 of 1 percent for the 

7 Secretary of the Interior for programs under this 

8 subpart in schools operated or funded by the Bu9 reau of Indian Affairs; 

10 ‘‘(C) shall reserve not more than 3 percent 

11 or $30,000,000, whichever is less, to carry out 

12 section 1206; 

13 ‘‘(D) may reserve not more than 1 percent 

14 to carry out section 1207; and 

15 ‘‘(E) shall reserve $5,000,000 to carry out 

16 section 1208. 

17 ‘‘(2) STATE ALLOTMENTS.—From the total 

18 amount made available under section 1002(b)(1) to 

19 carry out this subpart for a fiscal year and not re20 served under paragraph (1), the Secretary shall allot 

21 80 percent under this section among each of the 50 

22 States, the District of Columbia, and the Common23 wealth of Puerto Rico. 

24 ‘‘(3) DETERMINATION OF STATE ALLOTMENT

25 AMOUNTS.— 


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1 ‘‘(A) IN GENERAL.—Subject to subpara2 graph (B), the Secretary shall allot the amount 

3 made available under paragraph (2) for a fiscal 

4 year among the States described in such para5 graph in proportion to the number of children, 

6 aged 5 to 17, who reside within the State from 

7 families with incomes below the poverty line (as 

8 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 

11 Act (42 U.S.C. 9902(2)) applicable to a family 

12 of the size involved for the most recent fiscal year 

13 for which satisfactory data are available, com14 pared to the number of such individuals who re15 side in all such States for that fiscal year. 

16 ‘‘(B) EXCEPTIONS.— 

17 ‘‘(i) IN GENERAL.—Subject to clause 

18 (ii), no State receiving an allotment under 

subparagraph (A) may receive less than 1 19 ⁄4

20 of 1 percent of the total amount allotted 

21 under such subparagraph. 

22 ‘‘(ii) PUERTO RICO.—The percentage of 

23 the amount allotted under subparagraph 

24 (A) that is allotted to the Commonwealth of 

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1 ceed the percentage that was received by the 

2 Commonwealth of Puerto Rico of the funds 

3 allocated to all States under subpart 2 of 

4 part A for the preceding fiscal year. 

5 ‘‘(4) REALLOTMENT.—If a State described in 

6 paragraph (2) does not apply for an allotment under 

7 this section for any fiscal year, or if the State’s appli8 cation is not approved, the Secretary shall reallot 

9 such amount to the remaining States in accordance 

10 with paragraph (3). 

11 ‘‘(c) SUBGRANTS TO LOCAL EDUCATIONAL AGEN12 CIES.— 

13 ‘‘(1) DISTRIBUTION OF SUBGRANTS.—The Sec14 retary may make a grant to a State under this sec15 tion only if the State agrees to expend at least 80 per16 cent of the amount of the funds provided under the 

17 grant for the purpose of making, in accordance with 

18 this subsection, competitive subgrants to local edu19 cational agencies. 

20 ‘‘(2) NOTICE.—A State receiving a grant under 

21 this section shall provide notice to all local edu22 cational agencies in the State of the availability of 

23 competitive subgrants under this subsection and of the 

24 requirements for applying for the subgrants. 


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1 ‘‘(3) LOCAL APPLICATIONS.—To be eligible to re2 ceive a subgrant under this subsection, a local edu3 cational agency shall submit an application to the 

4 State at such time, in such manner, and containing 

5 such information as the State may reasonably re6 quire. 

7 ‘‘(4) LIMITATION TO CERTAIN LOCAL AGEN8 CIES.—A State receiving a grant under this section 

9 may award subgrants under this subsection only to 

10 local educational agencies— 

11 ‘‘(A) that have the highest percentages of 

12 students in grades kindergarten through 3 read13 ing below grade level; and 

14 ‘‘(B) that— 

15 ‘‘(i) have jurisdiction over— 

16 ‘‘(I) a geographic area that in17 cludes an area designated as an em18 powerment zone, or an enterprise com19 munity, under part I of subchapter U 

20 of chapter 1 of the Internal Revenue 

21 Code of 1986; or 

22 ‘‘(II) a significant number of 

23 schools that are identified for school 

24 improvement under section 1116(b); or 


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1 ‘‘(ii) are located in areas having the 

2 greatest numbers or percentages of children 

3 aged 5 through 17 from low-income fami4 lies. 

5 ‘‘(5) STATE REQUIREMENT.—In distributing 

6 subgrant funds to local educational agencies under 

7 this subsection, a State shall provide funds in suffi8 cient size and scope to enable local educational agen9 cies to improve reading instruction, as determined by 

10 rigorous diagnostic reading and screening assessment 

11 tools. 

12 ‘‘(6) LIMITATION TO CERTAIN SCHOOLS.—In dis13 tributing subgrant funds under this subsection, a 

14 local educational agency may provide funds only to 

15 schools— 

16 ‘‘(A) that have the highest percentages of 

17 students in grades kindergarten through 3 read18 ing below grade level; and 

19 ‘‘(B) that— 

20 ‘‘(i) are identified for school improve21 ment under section 1116(b); or 

22 ‘‘(ii) have the greatest numbers or per23 centages of children aged 5 through 17 from 

24 low-income families. 

25 ‘‘(7) LOCAL USES OF FUNDS.— 


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1 ‘‘(A) REQUIRED USES.—Subject to para2 graph (8), a local educational agency that re3 ceives a subgrant under this subsection shall use 

4 the funds provided under the subgrant to carry 

5 out the following activities: 

6 ‘‘(i) Selecting and administering rig7 orous diagnostic reading and screening as8 sessment tools. 

9 ‘‘(ii) Selecting and implementing a 

10 program or programs of classroom reading 

11 instruction based on scientifically based 

12 reading research that— 

13 ‘‘(I) includes the essential compo14 nents of reading instruction; and 

15 ‘‘(II) provides such instruction to 

16 all children, including children who— 

17 ‘‘(aa) may have reading dif18 ficulties; 

19 ‘‘(bb) are at risk of being re20 ferred to special education based 

21 on these difficulties; 

22 ‘‘(cc) have been evaluated 

23 under section 614 of the Individ24 uals with Disabilities Education 

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1 tion 614(b)(5) of such Act, have 

2 not been identified as being a 

3 child with a disability (as defined 

4 in section 602 of such Act); 

5 ‘‘(dd) are being served under 

6 such Act primarily due to being 

7 identified as being a child with a 

8 specific learning disability (as de9 fined in section 602 of such Act) 

10 related to reading; 

11 ‘‘(ee) are deficient in their 

12 phonemic awareness, phonics 

13 skills, vocabulary development, 

14 oral reading fluency, or com15 prehension strategies; or 

16 ‘‘(ff) are identified as having 

17 limited English proficiency. 

18 ‘‘(iii) Procuring classroom instruc19 tional materials based on scientifically 

20 based reading research. 

21 ‘‘(iv) Providing professional develop22 ment for teachers of grades kindergarten 

23 through 3, and special education teachers of 

24 grades kindergarten through 12, that— 


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1 ‘‘(I) will prepare these teachers in 

2 all of the essential components of read3 ing instruction; 

4 ‘‘(II) shall include— 

5 ‘‘(aa) information, instruc6 tional materials, programs, strate7 gies, and approaches based on sci8 entifically based reading research, 

9 including early intervention and 

10 classroom reading materials and 

11 remedial programs and ap12 proaches; and 

13 ‘‘(bb) instruction in the use 

14 of rigorous diagnostic reading and 

15 screening assessment tools and 

16 other procedures that effectively 

17 identify students who may be at 

18 risk for reading failure or who are 

19 having difficulty reading; 

20 ‘‘(III) shall be provided by eligible 

21 professional development providers; 

22 and 

23 ‘‘(IV) will assist teachers in be24 coming fully qualified in accordance 

25 with the requirements of section 1119. 


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1 ‘‘(B) OPTIONAL USES.—Subject to para2 graph (8), a local educational agency that re3 ceives a subgrant under this subsection may use 

4 the funds provided under the subgrant to carry 

5 out the following activities: 

6 ‘‘(i) Providing training to parents and 

7 other individuals who volunteer to be read8 ing tutors in the essential components of 

9 reading instruction. 

10 ‘‘(ii) Providing family literacy serv11 ices, especially to parents enrolled in par12 ticipating schools, through the use of library 

13 materials and reading programs, strategies, 

14 and approaches that are based on scientif15 ically based reading research, to encourage 

16 reading and support their children’s read17 ing development. 

18 ‘‘(8) LOCAL PLANNING AND ADMINISTRATION.—A 

19 local educational agency that receives a subgrant 

20 under this subsection may use not more than 2 per21 cent of the funds provided under the subgrant for 

22 planning and administration. 

23 ‘‘(d) OTHER STATE USES OF FUNDS.— 

24 ‘‘(1) PROFESSIONAL DEVELOPMENT.— 


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1 ‘‘(A) IN GENERAL.—A State that receives a 

2 grant under this section may expend not more 

3 than 15 percent of the amount of the funds pro4 vided under the grant— 

5 ‘‘(i) to develop and implement a pro6 gram of in-service professional development 

7 for teachers of kindergarten through third 

8 grade, and special education teachers of 

9 grades kindergarten through 12, that— 

10 ‘‘(I) will prepare these teachers in 

11 all of the essential components of read12 ing instruction; 

13 ‘‘(II) shall include— 

14 ‘‘(aa) information on inter15 ventions, instructional materials, 

16 programs, and approaches based 

17 on scientifically based reading re18 search, including early interven19 tion and reading remediation ma20 terials, programs, and approaches; 

21 and 

22 ‘‘(bb) instruction in the use 

23 of rigorous diagnostic reading and 

24 screening assessment tools and 

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1 struction and effectively identify 

2 students who may be at risk for 

3 reading failure or who are having 

4 difficulty reading; and 

5 ‘‘(III) shall be provided by eligible 

6 professional development providers; 

7 ‘‘(ii) to strengthen and enhance profes8 sional development courses for students pre9 paring, at all public institutions of higher 

10 education in the State, to teach kinder11 garten through third grades by— 

12 ‘‘(I) reviewing such courses to de13 termine whether their content is con14 sistent with the findings of the most 

15 current scientifically based reading re16 search, including findings on the essen17 tial components of reading instruction; 

18 ‘‘(II) following up such reviews 

19 with recommendations to ensure that 

20 such institutions offer courses that 

21 meet the highest standards; and 

22 ‘‘(III) preparing a report on the 

23 results of such reviews, submitting it to 

24 the reading and literacy partnership 

25 for the State established under section 


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1 1204(d), and making it available for 

2 public review via the Internet; and 

3 ‘‘(iii) to make recommendations on 

4 how the State’s licensure and certification 

5 standards in the area of reading might be 

6 improved. 

7 ‘‘(B) FUNDS NOT USED FOR PROFESSIONAL

8 DEVELOPMENT.—Any portion of the funds de9 scribed in subparagraph (A) that a State does 

10 not expend in accordance with such subpara11 graph shall be expended for the purpose of mak12 ing subgrants in accordance with subsection (c). 

13 ‘‘(2) OTHER STATE-LEVEL ACTIVITIES.—A State 

14 that receives a grant under this section may expend 

15 not more than 3 percent of the amount of the funds 

16 provided under the grant for one or more of the fol17 lowing authorized State activities: 

18 ‘‘(A) Assisting local educational agencies in 

19 accomplishing the tasks required to design and 

20 implement a classroom reading program under 

21 this subpart, including— 

22 ‘‘(i) selecting and implementing a pro23 gram or programs of classroom reading in24 struction based on scientifically based read25 ing research; 


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1 ‘‘(ii) selecting rigorous diagnostic read2 ing and screening assessment tools; and 

3 ‘‘(iii) identifying eligible professional 

4 development providers to help prepare read5 ing teachers to teach students using the pro6 grams and assessments described in clauses 

7 (i) and (ii); 

8 ‘‘(B) Providing to students in kindergarten 

9 through third grades, through appropriate pro10 viders, reading instruction that includes— 

11 ‘‘(i) rigorous diagnostic reading and 

12 screening assessment tools; and 

13 ‘‘(ii) as need is indicated by such as14 sessments, instruction based on scientifically 

15 based reading research that includes the es16 sential components of reading instruction. 

17 ‘‘(3) PLANNING, ADMINISTRATION, AND REPORT18 ING.— 

19 ‘‘(A) IN GENERAL.—A State that receives a 

20 grant under this section shall expend not more 

21 than 2 percent of the amount of the funds pro22 vided under the grant for the activities described 

23 in this paragraph. 

24 ‘‘(B) PLANNING AND ADMINISTRATION.—A 

25 State that receives a grant under this section 


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1 may expend funds described in subparagraph 

2 (A) for— 

3 ‘‘(i) planning and administration re4 lating to the State uses of funds authorized 

5 under this subpart, including administering 

6 the distribution of competitive subgrants to 

7 local educational agencies under this section 

8 and section 1205; and 

9 ‘‘(ii) assessing and evaluating, on a 

10 regular basis, local educational agency ac11 tivities assisted under this subpart, with re12 spect to whether they have been effective in 

13 increasing the number of children in first 

14 and second grades served under this subpart 

15 who can read at or above grade level. 

16 ‘‘(C) ANNUAL REPORTING.— 

17 ‘‘(i) IN GENERAL.—A State that re18 ceives a grant under this section shall ex19 pend funds provided under the grant to pro20 vide the Secretary annually with a report 

21 on the implementation of this subpart. The 

22 report shall include evidence that the State 

23 is fulfilling its obligations under this sub24 part. The report shall include a specific 

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1 cational agencies that report the largest 

2 gains in reading achievement. 

3 ‘‘(ii) PRIVACY PROTECTION.—Data in 

4 the report shall be set forth in a manner 

5 that protects the privacy of individuals. 

6 ‘‘(iii) CONTRACT.—To the extent prac7 ticable, a State shall enter into a contract 

8 with an entity that conducts scientifically 

9 based reading research, under which con10 tract the entity will produce the reports re11 quired to be submitted under this subpara12 graph. 

13 ‘‘SEC. 1204. STATE FORMULA GRANT APPLICATIONS. 

14 ‘‘(a) IN GENERAL.—A State that desires to receive a 

15 grant under section 1203 shall submit an application to 

16 the Secretary at such time and in such form as the Sec17 retary may require. The application shall contain the infor18 mation described in subsection (b). 

19 ‘‘(b) CONTENTS.—An application under this section 

20 shall contain the following: 

21 ‘‘(1) An assurance that the Governor of the 

22 State, in consultation with the State educational 

23 agency, has established a reading and literacy part24 nership described in subsection (d), and a description 

25 of how such partnership— 


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1 ‘‘(A) coordinated the development of the ap2 plication; and 

3 ‘‘(B) will assist in the oversight and evalua4 tion of the State’s activities under this subpart. 

5 ‘‘(2) An assurance that the State will submit to 

6 the Secretary, at such time and in such manner as 

7 the Secretary may reasonably require, a State plan 

8 containing a description of a process— 

9 ‘‘(A) to evaluate programs carried out by 

10 local educational agencies under this subpart; 

11 ‘‘(B) to assist local educational agencies in 

12 identifying rigorous diagnostic reading and 

13 screening assessment tools; and 

14 ‘‘(C) to assist local educational agencies in 

15 identifying interventions, and instructional ma16 terials, programs and approaches, based on sci17 entifically based reading research, including 

18 early intervention and classroom reading mate19 rials and remedial programs and approaches. 

20 ‘‘(3) An assurance that the State, and local edu21 cational agencies in the State, will participate in all 

22 national evaluations under this subpart. 

23 ‘‘(c) APPROVAL OF APPLICATIONS.— 

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1 graph (2), shall approve an application of a State 

2 under this section if such application meets the re3 quirements 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) IN GENERAL.—In order for a State to re10 ceive a grant under section 1203, the Governor of the 

11 State, in consultation with the State educational 

12 agency, shall establish a reading and literacy part13 nership. 

14 ‘‘(2) REQUIRED PARTICIPANTS.—The reading 

15 and literacy partnership shall include the following 

16 participants: 

17 ‘‘(A) The Governor of the State. 

18 ‘‘(B) The chief State school officer. 

19 ‘‘(C) The chairman and the ranking mem20 ber of each committee of the State legislature 

21 that is responsible for education policy. 

22 ‘‘(D) A representative, selected jointly by the 

23 Governor and the chief State school officer, of at 

24 least one local educational agency that is eligible 

25 to receive a subgrant under section 1203. 


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1 ‘‘(E) A representative, selected jointly by the 

2 Governor and the chief State school officer, of a 

3 community-based organization working with 

4 children to improve their reading skills, particu5 larly a community-based organization using tu6 tors and scientifically based reading research. 

7 ‘‘(F) State directors of appropriate Federal 

8 or State programs with a strong reading compo9 nent. 

10 ‘‘(G) A parent of a public or private school 

11 student or a parent who educates their child or 

12 children in their home, selected jointly by the 

13 Governor and the chief State school officer. 

14 ‘‘(H) A teacher, who may be a special edu15 cation teacher, who successfully teaches reading 

16 and an instructional staff member, selected joint17 ly by the Governor and the chief State school of18 ficer. 

19 ‘‘(I) A family literacy service provider se20 lected jointly by the Governor and the chief state 

21 school officer. 

22 ‘‘(3) OPTIONAL PARTICIPANTS.—The reading and 

23 literacy partnership may include additional partici24 pants, who shall be selected jointly by the Governor 


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1 and the chief State school officer, and who may in2 clude a representative of— 

3 ‘‘(A) an institution of higher education op4 erating a program of teacher preparation based 

5 on scientifically based reading research in the 

6 State; 

7 ‘‘(B) a local educational agency; 

8 ‘‘(C) a private nonprofit or for-profit eligi9 ble professional development provider providing 

10 instruction based on scientifically based reading 

11 research; 

12 ‘‘(D) an adult education provider; 

13 ‘‘(E) a volunteer organization that is in14 volved in reading programs; or 

15 ‘‘(F) a school library or a public library 

16 that offers reading or literacy programs for chil17 dren or families. 

18 ‘‘SEC. 1205. DISCRETIONARY GRANTS TO STATES. 

19 ‘‘(a) IN GENERAL.—In the case of a State that, in ac20 cordance with sections 1203 and 1204, has received ap21 proval of an application for a 5-year formula grant, the 

22 Secretary may make additional 2-year discretionary grants 

23 to the State for the use specified in (d). For each fiscal year, 

24 the funds provided under the discretionary grant shall equal 

25 the allotment determined for the State under subsection (b). 


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1 ‘‘(b) DETERMINATION OF AMOUNT OF ALLOTMENTS.— 

2 From the total amount made available under section 

3 1002(b)(1) to carry out this subpart for a fiscal year and 

4 not reserved under paragraph (1), the Secretary, upon the 

5 recommendation of the peer review panel convened under 

6 section 1204(c)(2), shall allot 20 percent under this section 

7 among the States described in subsection (a)— 

8 ‘‘(1) for fiscal years 2002 and 2003, based upon 

9 a determination of such States’ relative likelihood of 

10 effectively implementing a program under this sub11 part; and 

12 ‘‘(2) for fiscal year 2004 and subsequent fiscal 

13 years, based upon such States’ applications under 

14 subsection (c). 

15 ‘‘(c) STATE DISCRETIONARY GRANT APPLICATIONS.— 

16 ‘‘(1) IN GENERAL.—A State that desires to re17 ceive a grant under this section for a grant period 

18 that includes any fiscal year after fiscal year 2003 

19 shall submit the information described in paragraph 

20 (3) to the Secretary at such time and in such form 

21 as the Secretary may require. 

22 ‘‘(2) PEER REVIEW.—The peer review panel con23 vened under section 1204(c)(2) shall review the infor24 mation submitted under this subsection. The panel 


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1 shall recommend such applications to the Secretary 

2 for funding or for disapproval. 

3 ‘‘(3) INFORMATION.—The information described 

4 in this paragraph is the following: 

5 ‘‘(A) An assurance that the State will 

6 award competitive subgrants to local educational 

7 agencies consistent with subsection (d)(4). 

8 ‘‘(B) An assurance that the State will en9 sure that local educational agencies that receive 

10 a subgrant under subsection (d) use the funds 

11 provided under the subgrant in accordance with 

12 subsection (d)(5). 

13 ‘‘(C) Evidence that the State has increased 

14 significantly the percentage of students reading 

15 at grade level or above. 

16 ‘‘(D) Evidence that the State has been suc17 cessful in increasing the percentage of students 

18 in ethnic, racial, and low-income populations 

19 who are reading at grade level or above. 

20 ‘‘(E) Any additional evidence that dem21 onstrates success in the implementation of this 

22 subpart. 

23 ‘‘(d) SUBGRANTS TO LOCAL EDUCATIONAL AGEN24 CIES.— 


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1 ‘‘(1) IN GENERAL.—The Secretary may make a 

2 grant to a State under this section only if the State 

3 agrees to expend 100 percent of the amount of the 

4 funds provided under the grant for the purpose of 

5 making competitive subgrants in accordance with this 

6 subsection to local educational agencies. 

7 ‘‘(2) NOTICE.—A State receiving a grant under 

8 this section shall provide notice to all local edu9 cational agencies in the State of the availability of 

10 competitive subgrants under this subsection and of the 

11 requirements for applying for the subgrants. 

12 ‘‘(3) APPLICATION.—To be eligible to receive a 

13 subgrant under this subsection, a local educational 

14 agency shall submit an application to the State at 

15 such time, in such manner, and containing such in16 formation as the State may reasonably require. 

17 ‘‘(4) DISTRIBUTION.— 

18 ‘‘(A) IN GENERAL.—A State shall distribute 

19 subgrants under this section through a competi20 tive process based on relative need and the evi21 dence described in this paragraph. 

22 ‘‘(B) EVIDENCE USED IN ALL YEARS.—For 

23 all fiscal years, a State shall distribute subgrants 

24 under this section based on evidence that a local 

25 educational agency— 


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1 ‘‘(i) satisfies the requirements of sec2 tion 1203(c)(4); 

3 ‘‘(ii) will carry out its obligations 

4 under this subpart, particularly paragraph 

5 (5); and 

6 ‘‘(iii) will work with other local edu7 cational agencies in the State that have not 

8 received a subgrant under this subsection to 

9 assist such non-receiving agencies in in10 creasing the reading achievement of stu11 dents. 

12 ‘‘(C) EVIDENCE USED IN FISCAL YEARS

13 AFTER 2003.—For fiscal year 2004 and subse14 quent fiscal years, a State shall distribute sub15 grants under this section based on the evidence 

16 described in subparagraph (B) and, in addition, 

17 evidence that a local educational agency— 

18 ‘‘(i) has significantly increased the 

19 percentage of all students reading at grade 

20 level or above; 

21 ‘‘(ii) has significantly increased the 

22 percentage of students in ethnic, racial, and 

23 low-income populations who are reading at 

24 grade level or above; and 


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1 ‘‘(iii) has demonstrated success in the 

2 implementation of this subpart. 

3 ‘‘(5) LOCAL USES OF FUNDS.—A local edu4 cational agency that receives a subgrant under this 

5 subsection— 

6 ‘‘(A) shall use the funds provided under the 

7 subgrant to carry out the activities described in 

8 section 1203(c)(7)(A); and 

9 ‘‘(B) may use such funds to carry out the 

10 activities described in section 1203(c)(7)(B). 

11 ‘‘(e) DEFINITION.—For purposes of this section, the 

12 term ‘State’ means each of the 50 States, the District of 

13 Columbia, and the Commonwealth of Puerto Rico. 

14 ‘‘SEC. 1206. EXTERNAL EVALUATION. 

15 ‘‘(a) IN GENERAL.—From funds reserved under section 

16 1203(b)(1)(C), the Secretary shall contract with an inde17 pendent outside organization for a 5-year, rigorous, sci18 entifically valid, quantitative evaluation of this subpart. 

19 ‘‘(b) PROCESS.—Such evaluation shall be conducted by 

20 an organization outside of the Department that is capable 

21 of designing and carrying out an independent evaluation 

22 that identifies the effects of specific activities carried out 

23 by States and local educational agencies under this subpart 

24 on improving reading instruction. Such evaluation shall 

25 use only data relating to students served under this subpart 


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1 and shall take into account factors influencing student per2 formance that are not controlled by teachers or education 

3 administrators. 

4 ‘‘(c) ANALYSIS.—Such evaluation shall include the fol5 lowing: 

6 ‘‘(1) An analysis of the relationship between each 

7 of the essential components of reading instruction and 

8 overall reading proficiency. 

9 ‘‘(2) An analysis of whether assessment tools 

10 used by States and local educational agencies measure 

11 the essential components of reading instruction. 

12 ‘‘(3) An analysis of how State reading standards 

13 correlate with the essential components of reading in14 struction. 

15 ‘‘(4) An analysis of whether the receipt of a dis16 cretionary grant under section 1205 results in an in17 crease in the number of children who read pro18 ficiently. 

19 ‘‘(5) A measurement of the extent to which spe20 cific instructional materials improve reading pro21 ficiency. 

22 ‘‘(6) A measurement of the extent to which spe23 cific rigorous diagnostic reading and screening assess24 ment tools assist teachers in identifying specific read25 ing deficiencies. 


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1 ‘‘(7) A measurement of the extent to which pro2 fessional development programs implemented by 

3 States using funds received under this subpart im4 prove reading instruction. 

5 ‘‘(8) A measurement of how well students pre6 paring to enter the teaching profession are prepared 

7 to teach the essential components of reading instruc8 tion. 

9 ‘‘(9) An analysis of changes in students’ interest 

10 in reading and time spent reading outside of school. 

11 ‘‘(10) Any other analysis or measurement perti12 nent to this subpart that is determined to be appro13 priate by the Secretary. 

14 ‘‘(d) PROGRAM IMPROVEMENT.—The findings of the 

15 evaluation conducted under this section shall be provided 

16 to States and local educational agencies on a periodic basis 

17 for use in program improvement. 

18 ‘‘SEC. 1207. NATIONAL ACTIVITIES. 

19 ‘‘From funds reserved under section 1203(b)(1)(D), the 

20 Secretary may provide technical assistance in achieving the 

21 purposes of this subpart to States, local educational agen22 cies, and schools requesting such assistance. 

23 ‘‘SEC. 1208. INFORMATION DISSEMINATION. 

24 ‘‘(a) IN GENERAL.—From funds reserved under section 

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1 laboration with the Secretary of Education, the Secretary 

2 of Health and Human Services, and the Director of the Na3 tional Institute for Child Health and Human Develop4 ment— 

5 ‘‘(1) shall disseminate information on scientif6 ically based reading research pertaining to children, 

7 youth, and adults; 

8 ‘‘(2) shall identify and disseminate information 

9 about schools, local educational agencies, and States 

10 that effectively developed and implemented classroom 

11 reading programs that meet the requirements of this 

12 subpart, including those effective States, local edu13 cational agencies, and schools identified through the 

14 evaluation and peer review provisions of this subpart; 

15 and 

16 ‘‘(3) shall support the continued identification 

17 and dissemination of information on reading pro18 grams that contain the essential components of read19 ing instruction as supported by scientifically based 

20 reading research, that can lead to improved reading 

21 outcomes for children, youth, and adults. 

22 ‘‘(b) DISSEMINATION.— 

23 ‘‘(1) IN GENERAL.—At a minimum, the National 

24 Institute for Literacy shall disseminate such informa25 tion to— 


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1 ‘‘(A) recipients of Federal financial assist2 ance under part A of this title, part A of title 

3 III, the Head Start Act, the Individuals with 

4 Disabilities Education Act, and the Adult Edu5 cation and Family Literacy Act; and 

6 ‘‘(B) each Bureau funded school (as defined 

7 in section 1141(3) of the Education Amendments 

8 of 1978). 

9 ‘‘(2) USE OF EXISTING NETWORKS.—In carrying 

10 out this section, the National Institute for Literacy 

11 shall, to the extent practicable, utilize existing infor12 mation and dissemination networks developed and 

13 maintained through other public and private entities. 

14 ‘‘SEC. 1209. DEFINITIONS. 

15 ‘‘For purposes of this subpart: 

16 ‘‘(1) ELIGIBLE PROFESSIONAL DEVELOPMENT

17 PROVIDER.—The term ‘eligible professional develop18 ment provider’ means a provider of professional devel19 opment in reading instruction to teachers, including 

20 special education teachers, that is based on scientif21 ically based reading research. 

22 ‘‘(2) ESSENTIAL COMPONENTS OF READING IN23 STRUCTION.—The term ‘essential components of read24 ing instruction’ means explicit and systematic in25 struction in— 


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1 ‘‘(A) phonemic awareness; 

2 ‘‘(B) phonics; 

3 ‘‘(C) vocabulary development; 

4 ‘‘(D) oral reading fluency; and 

5 ‘‘(E) reading comprehension strategies. 

6 ‘‘(3) INSTRUCTIONAL STAFF.—The term ‘instruc7 tional staff’— 

8 ‘‘(A) means individuals who have responsi9 bility for teaching children to read; and 

10 ‘‘(B) includes principals, teachers, super11 visors of instruction, librarians, library school 

12 media specialists, teachers of academic subjects 

13 other than reading, and other individuals who 

14 have responsibility for assisting children to learn 

15 to read. 

16 ‘‘(4) READING.—The term ‘reading’ means a 

17 complex system of deriving meaning from print that 

18 requires all of the following: 

19 ‘‘(A) The skills and knowledge to under20 stand how phonemes, or speech sounds, are con21 nected to print. 

22 ‘‘(B) The ability to decode unfamiliar 

23 words. 

24 ‘‘(C) The ability to read fluently. 


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1 ‘‘(D) Sufficient background information 

2 and vocabulary to foster reading comprehension. 

3 ‘‘(E) The development of appropriate active 

4 strategies to construct meaning from print. 

5 ‘‘(F) The development and maintenance of a 

6 motivation to read. 

7 ‘‘(5) RIGOROUS DIAGNOSTIC READING AND

8 SCREENING ASSESSMENT TOOLS.—The term ‘rigorous 

9 diagnostic reading and screening assessment tools’ 

10 means assessments that— 

11 ‘‘(A) are valid, reliable, and based on sci12 entifically based reading research; 

13 ‘‘(B) measure progress in developing pho14 nemic awareness and phonics skills, vocabulary, 

15 reading fluency, and reading comprehension; 

16 ‘‘(C) identify students who may be at risk 

17 for reading failure or who are having difficulty 

18 reading; and 

19 ‘‘(D) are used to improve instruction. 

20 ‘‘(6) SCIENTIFICALLY BASED READING RE21 SEARCH.—The term ‘scientifically based reading re22 search’— 

23 ‘‘(A) means the application of rigorous, sys24 tematic, and objective procedures to obtain valid 


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1 knowledge relevant to reading development, read2 ing instruction, and reading difficulties; and 

3 ‘‘(B) shall include research that— 

4 ‘‘(i) employs systematic, empirical 

5 methods that draw on observation or experi6 ment; 

7 ‘‘(ii) involves rigorous data analyses 

8 that are adequate to test the stated 

9 hypotheses and justify the general conclu10 sions drawn; 

11 ‘‘(iii) relies on measurements or obser12 vational methods that provide valid data 

13 across evaluators and observers and across 

14 multiple measurements and observations; 

15 and 

16 ‘‘(iv) has been accepted by a peer-re17 viewed journal or approved by a panel of 

18 independent experts through a comparably 

19 rigorous, objective, and scientific review. 

20 ‘‘Subpart 2—Early Reading First 

21 ‘‘SEC. 1221. PURPOSES. 

22 ‘‘The purposes of this subpart are as follows: 

23 ‘‘(1) To improve prereading skills in children 

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1 come families, in high-quality oral language and lit2 erature-rich environments. 

3 ‘‘(2) To provide professional development for 

4 early childhood teachers that prepares them with sci5 entific research-based knowledge of early reading de6 velopment to assist in developing the children’s— 

7 ‘‘(A) automatic recognition of the letters of 

8 the alphabet; 

9 ‘‘(B) understanding that spoken words are 

10 made up of small segments of speech sounds and 

11 that certain letters regularly represent such 

12 speech sounds; 

13 ‘‘(C) spoken vocabulary and oral com14 prehension abilities; and 

15 ‘‘(D) understanding of semiotic concepts. 

16 ‘‘(3) To use scientific research-based screening 

17 tools or other appropriate measures to determine 

18 whether preschool children are developing the skills 

19 identified in this section. 

20 ‘‘(4) To identify and provide scientific research21 based prereading language and literacy activities and 

22 instructional materials that can be used to assist in 

23 the development of prereading skills in children. 

24 ‘‘(5) To integrate such scientific research-based 

25 instructional materials and literacy activities with 


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1 existing programs of preschools, child care agencies, 

2 and Head Start centers, and with family literacy 

3 services. 

4 ‘‘SEC. 1222. LOCAL EARLY READING FIRST GRANTS. 

5 ‘‘(a) PROGRAM AUTHORIZED.—From amounts appro6 priated under section 1002(b)(2), the Secretary shall make 

7 awards, on a competitive basis and for periods of not more 

8 than 5 years, to eligible applicants to enable such appli9 cants to carry out activities that are consistent with the 

10 purposes of this subpart. 

11 ‘‘(b) DEFINITION OF ELIGIBLE APPLICANT.—In this 

12 subpart, the term ‘eligible applicant’ means— 

13 ‘‘(1) a local educational agency; 

14 ‘‘(2) one or more public or private organizations, 

15 acting on behalf of one or more programs that serve 

16 children aged 3 through 5 (such as a program at a 

17 child care agency or Head Start center or a family 

18 literacy program), which organizations shall be lo19 cated in a community served by a local educational 

20 agency; or 

21 ‘‘(3) one or more local educational agencies in 

22 collaboration with one or more organizations de23 scribed in paragraph (2). 

24 ‘‘(c) APPLICATIONS.—An eligible applicant that de25 sires to receive a grant under this subpart shall submit an 


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1 application to the Secretary, which shall include a descrip2 tion of— 

3 ‘‘(1) the programs to be served by the proposed 

4 project, including general demographic and socio5 economic information on the communities in which 

6 the proposed project will be administered; 

7 ‘‘(2) how the proposed project will enhance the 

8 school readiness of children aged 3 through 5 in high9 quality oral language and literature-rich environ10 ments; 

11 ‘‘(3) how the proposed project will provide early 

12 childhood teachers with scientific research-based 

13 knowledge of early reading development and assist 

14 such teachers in developing the children’s prereading 

15 skills; 

16 ‘‘(4) how the proposed project will provide serv17 ices and utilize instructional materials that are based 

18 on scientifically based reading research on early lan19 guage acquisition, prereading activities, and the de20 velopment of spoken vocabulary skills; 

21 ‘‘(5) how the proposed project will integrate such 

22 instructional materials and literacy activities with 

23 existing preschool programs and family literacy serv24 ices; 


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1 ‘‘(6) how the proposed project will help staff in 

2 the programs to meet the diverse needs of children in 

3 the community, including children with limited 

4 English proficiency and children with learning dis5 abilities; 

6 ‘‘(7) how the proposed project will help children, 

7 particularly children experiencing difficulty with spo8 ken language, prereading, and early reading skills, to 

9 make the transition from preschool to formal class10 room instruction in school; 

11 ‘‘(8) how the activities conducted under this sub12 part will be coordinated with the eligible applicant’s 

13 activities under subpart 1, if the applicant has re14 ceived a subgrant under such subpart, at the kinder15 garten through third grade levels; 

16 ‘‘(9) how the proposed project will evaluate the 

17 success of the activities supported under this subpart 

18 in enhancing the early language and reading develop19 ment of children served by the project; and 

20 ‘‘(10) such other information as the Secretary 

21 may require. 

22 ‘‘(d) APPROVAL OF LOCAL APPLICATIONS.—The Sec23 retary shall select applicants for funding under this subpart 

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1 ommendations of the peer review panel convened under sec2 tion 1204(c)(2). 

3 ‘‘(e) LOCAL USES OF FUNDS.— 

4 ‘‘(1) REQUIRED ACTIVITIES.—An eligible appli5 cant that receives a grant under this subpart shall use 

6 the funds provided under the grant to carry out the 

7 following activities: 

8 ‘‘(A) Providing children aged 3 through 5 

9 with high-quality oral language and literature10 rich environments in which to acquire 

11 prereading skills. 

12 ‘‘(B) Providing professional development for 

13 early childhood teachers that prepares them with 

14 scientific research-based knowledge of early read15 ing development to assist in developing the chil16 dren’s— 

17 ‘‘(i) automatic recognition of the letters 

18 of the alphabet; 

19 ‘‘(ii) understanding that spoken words 

20 are made up of small segments of speech 

21 sounds and that certain letters regularly 

22 represent such speech sounds; 

23 ‘‘(iii) spoken vocabulary and oral com24 prehension abilities; and 


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1 ‘‘(iv) understanding of semiotic con2 cepts. 

3 ‘‘(C) Identifying and providing scientific 

4 research-based prereading language and literacy 

5 activities and instructional materials for use in 

6 developing the children’s— 

7 ‘‘(i) automatic recognition of the letters 

8 of the alphabet; 

9 ‘‘(ii) understanding that spoken words 

10 are made up of small segments of speech 

11 sounds and that certain letters regularly 

12 represent such speech sounds; 

13 ‘‘(iii) spoken vocabulary and oral com14 prehension abilities; and 

15 ‘‘(iv) understanding of semiotic con16 cepts. 

17 ‘‘(2) OPTIONAL ACTIVITIES.—An eligible appli18 cant that receives a grant under this subpart may use 

19 the funds provided under the grant to carry out the 

20 following activities: 

21 ‘‘(A) Using scientific research-based screen22 ing tools or other appropriate measures to deter23 mine whether preschool children are developing 

24 the skills identified in this subsection. 


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1 ‘‘(B) Integrating such instructional mate2 rials and literacy activities with programs of ex3 isting child care agencies, preschools, and Head 

4 Start centers, and with family literacy services. 

5 ‘‘(f) AWARD AMOUNTS.—The Secretary may establish 

6 a maximum award amount, or ranges of award amounts, 

7 for grants under this subpart. 

8 ‘‘SEC. 1223. FEDERAL ADMINISTRATION. 

9 ‘‘The Secretary shall consult with the Secretary of 

10 Health and Human Services in order to coordinate the ac11 tivities undertaken under this subpart with programs under 

12 the Head Start Act (42 U.S.C. 9831 et seq.). 

13 ‘‘SEC. 1224. REPORTING REQUIREMENTS. 

14 ‘‘Each eligible applicant receiving a grant under this 

15 subpart shall report annually to the Secretary regarding 

16 the eligible applicant’s progress in addressing the purposes 

17 of this subpart. 

18 ‘‘SEC. 1225. EVALUATION. 

19 ‘‘From the total amount made available under section 

20 1002(b)(2) for the period beginning October 1, 2002, and 

21 ending September 30, 2006, the Secretary shall reserve not 

22 more than $1,000,000 to conduct an independent evaluation 

23 of the effectiveness of this subpart. 


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1 ‘‘SEC. 1226. ADDITIONAL RESEARCH. 

2 ‘‘From the amount made available under section 

3 1002(b)(2) 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 the 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 children aged 3 through 5.’’. 

10 SEC. 112. AMENDMENTS TO EVEN START. 

11 Part B of title I (20 U.S.C. 6361 et seq.), as amended 

12 by section 111, is further amended— 

13 (1) by inserting before section 1231 (as so redes14 ignated by section 111) the following: 

15 ‘‘Subpart 3—William F. Goodling Even Start Family 

16 Literacy Programs’’; 

17 (2) in each of sections 1231 through 1242 (as so 

18 redesignated by section 111)— 

19 (A) by striking ‘‘this part’’ each place such 

20 term appears and inserting ‘‘this subpart’’; and 

21 (B) by striking ‘‘1002(b)’’ each place such 

22 term appears and inserting ‘‘1002(b)(3)’’; 

23 (3) in section 1231(4), by striking ‘‘2252)’’ and 

24 inserting ‘‘1209)’’; 

25 (4) in section 1232— 

26 (A) in subsection (b)— 


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1 (i) in paragraph (1)(A), by striking 

2 ‘‘1209;’’ and inserting ‘‘1239;’’; and 

3 (ii) in paragraph (2), by striking 

4 ‘‘1211(b)’’ each place such term appears 

5 and inserting ‘‘1241(b)’’; and 

6 (B) in subsection (c)— 

7 (i) by amending paragraph (2)(C) to 

8 read as follows: 

9 ‘‘(C) COORDINATION WITH SUBPART 1.—The 

10 consortium shall coordinate its activities with 

11 the activities of the reading and literacy partner12 ship for the State established under section 

13 1204(d), if the State receives a grant under sec14 tion 1203.’’; and 

15 (ii) in paragraph (3), by striking 

16 ‘‘2252).’’ and inserting ‘‘1209).’’; 

17 (5) in section 1233— 

18 (A) by striking ‘‘1202(d)(1)’’ each place 

19 such term appears and inserting ‘‘1232(d)(1)’’; 

20 and 

21 (B) by striking ‘‘1210.’’ and inserting 

22 ‘‘1240.’’; 

23 (6) in section 1234— 

24 (A) in subsection (b)— 


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1 (i) in paragraph (1)(A), by moving the 

2 margins of clauses (v) and (vi) 2 ems to the 

3 right; and 

4 (ii) in paragraph (3), by striking 

5 ‘‘1202(a)(1)(C)’’ and inserting 

6 ‘‘1232(a)(1)(C)’’; and 

7 (B) in subsection (c)— 

8 (i) in paragraph (1)— 

9 (I) by striking ‘‘1203(a),’’ and in10 serting ‘‘1233(a),’’; and 

11 (II) by striking ‘‘1203(b)’’ and in12 serting ‘‘1233(b)’’; and 

13 (ii) in paragraph (2), by striking 

14 ‘‘1210.’’ and inserting ‘‘1240.’’; 

15 (7) in section 1235— 

16 (A) in paragraph (10), by striking ‘‘2252)’’ 

17 and inserting ‘‘1209)’’; 

18 (B) in paragraph (12), by striking ‘‘2252),’’ 

19 and inserting ‘‘1209),’’; and 

20 (C) in paragraph (15), by striking ‘‘pro21 gram.’’ and inserting ‘‘program to be used for 

22 program improvement.’’; 

23 (8) in section 1237— 

24 (A) in subsection (c)(1)— 


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

2 ‘‘1205;’’ and inserting ‘‘1235;’’; and 

3 (ii) in subparagraph (F), by striking 

4 ‘‘14306;’’ and inserting ‘‘8306;’’; and 

5 (B) in subsection (d), by striking ‘‘14302.’’ 

6 and inserting ‘‘8302.’’; 

7 (9) in section 1238— 

8 (A) in subsection (a)(1)— 

9 (i) in subparagraph (A)(ii), by strik10 ing ‘‘1205;’’ and inserting ‘‘1235;’’; and 

11 (ii) in subparagraph (F), by striking 

12 ‘‘1204(b);’’ and inserting ‘‘1234(b);’’; and 

13 (B) in subsection (b)— 

14 (i) in paragraph (3)— 

15 (I) by striking ‘‘1207(c)(1)(A)’’ 

16 and inserting ‘‘1237(c)(1)(A)’’; and 

17 (II) by striking ‘‘1210.’’ and in18 serting ‘‘1240.’’; 

19 (ii) in paragraph (4), by striking 

20 ‘‘1210,’’ and inserting ‘‘1240,’’; and 

21 (iii) in paragraph (5)(B), by striking 

22 ‘‘1204(b).’’ and inserting ‘‘1234(b).’’; 

23 (10) in section 1239— 

24 (A) by striking ‘‘1202(b)(1),’’ and inserting 

25 ‘‘1232(b)(1),’’; and 


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1 (B) by striking ‘‘1205(10)’’ and inserting 

2 ‘‘1235(10)’’; and 

3 (11) in section 1241— 

4 (A) in subsection (b)(1)— 

5 (i) by striking ‘‘1202(b)(2),’’ and in6 serting ‘‘1232(b)(2),’’; and 

7 (ii) by striking ‘‘2252);’’ and inserting 

8 ‘‘1209);’’; and 

9 (B) in subsection (c), by striking ‘‘2258,’’ 

10 and inserting ‘‘1208,’’. 

11 SEC. 113. INEXPENSIVE BOOK DISTRIBUTION PROGRAM. 

12 (a) TRANSFER AND REDESIGNATION.—Part E of title 

13 X (20 U.S.C. 8131) is transferred and redesignated as sub14 part 4 of part B of title I. Section 10501 is redesignated 

15 as section 1251. 

16 (b) PURPOSE.—Section 1251 (as so redesignated) is 

17 amended— 

18 (1) by striking subsection (e); 

19 (2) by redesignating subsection (d) as subsection 

20 (g); 

21 (3) by redesignating subsections (a) through (c) 

22 as subsections (b) through (d), respectively; and 

23 (4) by inserting before subsection (b) (as so re24 designated) the following: 


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1 ‘‘(a) PURPOSE.—The purpose of this program is to es2 tablish and implement a model partnership between a gov3 ernmental entity and a private entity, to help prepare 

4 young children for reading, and motivate older children to 

5 read, through the distribution of inexpensive books. Local 

6 reading motivation programs assisted under this section 

7 shall use such assistance to provide books, training for vol8 unteers, motivational activities, and other essential literacy 

9 resources, and shall assign the highest priority to serving 

10 the youngest and neediest children in the United States.’’. 

11 (c) AUTHORIZATION.—Section 1251(b) (as so redesig12 nated) is amended by striking ‘‘books to students, that moti13 vate children to read.’’ and inserting ‘‘books to young and 

14 school-aged children that motivate them to read.’’. 

15 (d) REQUIREMENTS OF CONTRACT.—Section 1251(c) 

16 (as so redesignated) is amended— 

17 (1) in the matter preceding paragraph (1), by 

18 striking ‘‘subsection (a)’’ and inserting ‘‘subsection 

19 (b)’’; and 

20 (2) in paragraph (4), by inserting ‘‘training 

21 and’’ before ‘‘technical’’. 

22 (e) SPECIAL RULES FOR CERTAIN SUBCONTRACTORS; 

23 MULTI-YEAR CONTRACTS.—Section 1251 (as so redesig24 nated) is amended by inserting after subsection (d) the fol25 lowing: 


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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 

14 subsection (c), the contractor may waive, in whole or 

15 in part, the requirement in subsection (c)(1) for a 

16 subcontractor, if the subcontractor demonstrates that 

17 it would otherwise not be able to participate in the 

18 program, 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 (f) CONTINUATION OF AWARDS.—Notwithstanding any 

7 other provision of this Act, any person or agency that was 

8 awarded a contract under part E of title X (20 U.S.C. 

9 8131) prior to the date of the enactment of this Act shall 

10 continue to receive funds in accordance with the terms of 

11 such contract until the date on which the contract period 

12 terminates under such terms. 

13 PART C—EDUCATION OF MIGRATORY CHILDREN 

14 SEC. 121. STATE ALLOCATIONS. 

15 Section 1303 (20 U.S.C. 6393) is amended— 

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

18 ‘‘(a) STATE ALLOCATIONS.— 

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

20 each State (other than the Commonwealth of Puerto 

21 Rico) is entitled to receive under this part an amount 

22 equal to— 

23 ‘‘(A) the sum of the estimated number of 

24 migratory children aged three through 21 who 

25 reside in the State full time and the full-time 


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1 equivalent of the estimated number of migratory 

2 children aged three through 21 who reside in the 

3 State part time, as determined in accordance 

4 with subsection (d); multiplied by 

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

7 determined under this paragraph shall not be 

8 less than 32 percent, nor more than 48 percent, 

9 of the average expenditure per pupil in the 

10 United States. 

11 ‘‘(2) SUBSEQUENT YEARS.— 

12 ‘‘(A) BASE AMOUNT.— 

13 ‘‘(i) IN GENERAL.—Except as provided 

14 in subsection (b) and clause (ii), each State 

15 (other than the Commonwealth of Puerto 

16 Rico) is entitled to receive under this part, 

17 for fiscal year 2003 and succeeding fiscal 

18 years, an amount equal to— 

19 ‘‘(I) the amount that such State 

20 received under this part for fiscal year 

21 2002; plus 

22 ‘‘(II) the amount allocated to the 

23 State under subparagraph (B). 

24 ‘‘(ii) NONPARTICIPATING STATES.—In 

25 the case of a State (other than the CommonVerDate Mar 15 2010 15:07 Jun 10, 2011 Jkt 223001 PO 00000 Frm 00249 Fmt 6652 Sfmt 6203 E:\ERIC\H1.RH2 H1

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1 wealth of Puerto Rico) that did not receive 

2 any funds for fiscal year 2002 under this 

3 part, the State shall receive, for fiscal year 

4 2003 and succeeding fiscal years, an 

5 amount equal to— 

6 ‘‘(I) the amount that such State 

7 would have received under this part for 

8 fiscal year 2002 if its application 

9 under section 1304 for the year had 

10 been approved; plus 

11 ‘‘(II) the amount allocated to the 

12 State under subparagraph (B). 

13 ‘‘(B) ALLOCATION OF ADDITIONAL

14 AMOUNT.—For fiscal year 2003 and succeeding 

15 fiscal years, the amount (if any) by which the 

16 funds appropriated to carry out this part for the 

17 year exceed such funds for fiscal year 2002 shall 

18 be allocated to a State (other than the Common19 wealth of Puerto Rico) so that the State receives 

20 an amount equal to— 

21 ‘‘(i) the sum of— 

22 ‘‘(I) the number of identified eligi23 ble migratory children, aged 3 through 

24 21, residing in the State during the 

25 previous year; and 


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1 ‘‘(II) the number of identified eli2 gible migratory children, aged 3 

3 through 21, who received services under 

4 this part in summer or intersession 

5 programs provided by the State during 

6 such year; multiplied by 

7 ‘‘(ii) 40 percent of the average per8 pupil expenditure in the State, except that 

9 the amount determined under this clause 

10 may not be less than 32 percent, or more 

11 than 48 percent, of the average per-pupil 

12 expenditure in the United States.’’; 

13 (2) by amending subsection (b) to read as fol14 lows: 

15 ‘‘(b) ALLOCATION TO PUERTO RICO.— 

16 ‘‘(1) IN GENERAL.—For each fiscal year, the 

17 grant which the Commonwealth of Puerto Rico shall 

18 be eligible to receive under this part shall be the 

19 amount determined by multiplying the number of 

20 children counted under subsection (a)(1)(A) for the 

21 Commonwealth of Puerto Rico by the product of— 

22 ‘‘(A) the percentage which the average per 

23 pupil expenditure in the Commonwealth of Puer24 to Rico is of the lowest average per pupil expend25 iture of any of the 50 States; and 


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1 ‘‘(B) 32 percent of the average per pupil ex2 penditure in the United States. 

3 ‘‘(2) MINIMUM PERCENTAGE.—The percentage in 

4 paragraph (1)(A) shall not be less than— 

5 ‘‘(A) for fiscal year 2002, 77.5 percent; 

6 ‘‘(B) for fiscal year 2003, 80.0 percent; 

7 ‘‘(C) for fiscal year 2004, 82.5 percent; and 

8 ‘‘(D) for fiscal year 2005 and succeeding 

9 fiscal years, 85.0 percent. 

10 ‘‘(3) LIMITATION.—If the application of para11 graph (2) would result in any of the 50 States or the 

12 District of Columbia receiving less under this part 

13 than it received under this part for the preceding fis14 cal year, the percentage in paragraph (1) shall be the 

15 greater of the percentage in paragraph (1)(A) or the 

16 percentage used for the preceding fiscal year.’’; and 

17 (3) by striking subsection (d) and redesignating 

18 subsection (e) as subsection (d). 

19 SEC. 122. STATE APPLICATIONS; SERVICES. 

20 (a) PROGRAM INFORMATION.—Section 1304(b) (20 

21 U.S.C. 6394(b)) is amended— 

22 (1) in paragraph (1), by striking ‘‘addressed 

23 through’’ and all that follows through the semicolon at 

24 the end and inserting the following: 

25 ‘‘addressed through— 


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1 ‘‘(A) the full range of services that are 

2 available for migratory children from appro3 priate local, State, and Federal educational pro4 grams; 

5 ‘‘(B) joint planning among local, State, and 

6 Federal educational programs serving migrant 

7 children, including programs under part A of 

8 title III; 

9 ‘‘(C) the integration of services available 

10 under this part with services provided by those 

11 other programs; and 

12 ‘‘(D) measurable program goals and out13 comes;’’; and 

14 (2) in paragraph (5), by striking ‘‘the require15 ments of paragraph (1);’’ and inserting ‘‘the numbers 

16 and needs of migratory children, the requirements of 

17 subsection (d), and the availability of funds from 

18 other Federal, State, and local programs;’’. 

19 (b) ASSURANCES.—Section 1304(c) (20 U.S.C. 

20 6394(c)) is amended— 

21 (1) in paragraph (1), by striking ‘‘1306(b)(1);’’ 

22 and inserting ‘‘1306(a);’’; 

23 (2) in paragraph (2), by striking ‘‘part F;’’ and 

24 inserting ‘‘part H;’’ 

25 (3) in paragraph (3)— 


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1 (A) by striking ‘‘appropriate’’; 

2 (B) by striking ‘‘out, to the extent feasible,’’ 

3 and inserting ‘‘out’’; and 

4 (C) by striking ‘‘1118;’’ and inserting 

5 ‘‘1118, unless extraordinary circumstances make 

6 implementation consistent with such section im7 practical;’’; and 

8 (4) in paragraph (7), by striking ‘‘section 

9 1303(e)’’ and inserting ‘‘paragraphs (1)(A) and 

10 (2)(B)(i) of section 1303(a)’’. 

11 SEC. 123. AUTHORIZED ACTIVITIES. 

12 Section 1306 (20 U.S.C. 6396) is amended to read as 

13 follows: 

14 ‘‘SEC. 1306. AUTHORIZED ACTIVITIES. 

15 ‘‘(a) IN GENERAL.— 

16 ‘‘(1) FLEXIBILITY.—Each State educational 

17 agency, through its local educational agencies, shall 

18 have the flexibility to determine the activities to be 

19 provided with funds made available under this part, 

20 except that such funds shall first be used to meet the 

21 identified needs of migratory children that result from 

22 their migratory lifestyle, and to permit these children 

23 to participate effectively in school. 

24 ‘‘(2) UNADDRESSED NEEDS.—Funds provided 

25 under this part shall be used to address the needs of 


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1 migratory children that are not addressed by services 

2 available from other Federal or non-Federal pro3 grams, except that migratory children who are eligible 

4 to receive services under part A of this title may re5 ceive those services through funds provided under that 

6 part, or through funds under this part that remain 

7 after the agency addresses the needs described in 

8 paragraph (1). 

9 ‘‘(b) CONSTRUCTION.—Nothing in this part shall be 

10 construed to prohibit a local educational agency from serv11 ing migratory children simultaneously with students with 

12 similar educational needs in the same educational settings, 

13 where appropriate. 

14 ‘‘(c) SPECIAL RULE.—Notwithstanding section 1114, 

15 a school that receives funds under this part shall continue 

16 to address the identified needs described in subsection 

17 (a)(1).’’. 

18 SEC. 124. COORDINATION OF MIGRANT EDUCATION ACTIVI19 TIES. 

20 (a) DURATION.—Section 1308(a)(2) (20 U.S.C. 

21 6398(a)(2)) is amended by striking ‘‘subpart’’ and inserting 

22 ‘‘subsection’’. 

23 (b) STUDENT RECORDS.—Section 1308(b) (20 U.S.C. 

24 6398(b)) is amended to read as follows: 

25 ‘‘(b) STUDENT RECORDS.— 


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1 ‘‘(1) ASSISTANCE.—The Secretary shall assist 

2 States in developing effective methods for the transfer 

3 of student records and in determining the number of 

4 migratory children in each State. The Secretary, in 

5 consultation with the States, shall determine the min6 imum data elements that each State receiving funds 

7 under this part shall collect and maintain. The Sec8 retary shall assist States to implement a system of 

9 linking their student record transfer systems for the 

10 purpose of electronic records maintenance and trans11 fer for migrant students. 

12 ‘‘(2) NO COST FOR CERTAIN TRANSFERS.—A 

13 State educational agency or local educational agency 

14 receiving assistance under this part shall make stu15 dent records available to another State or local edu16 cational agency that requests the records at no cost to 

17 the requesting agency, if the request is made in order 

18 to meet the needs of a migratory child.’’. 

19 (c) AVAILABILITY OF FUNDS.—Section 1308(c) (20 

20 U.S.C. 6398(c)) is amended by striking ‘‘$6,000,000’’ and 

21 inserting ‘‘$10,000,000’’. 

22 (d) INCENTIVE GRANTS.—Section 1308(d) (20 U.S.C. 

23 6398(d)) is amended to read as follows: 

24 ‘‘(d) INCENTIVE GRANTS.—From the amounts made 

25 available to carry out this section for any fiscal year, the 


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1 Secretary may reserve not more than $3,000,000 to award 

2 grants of not more than $250,000 on a competitive basis 

3 to State educational agencies that propose a consortium ar4 rangement with another State or other appropriate entity 

5 that the Secretary determines, pursuant to criteria that the 

6 Secretary shall establish, will improve the delivery of serv7 ices to migratory children whose education is interrupted.’’. 

8 PART D—NEGLECTED OR DELINQUENT YOUTH 

9 SEC. 131. NEGLECTED OR DELINQUENT YOUTH. 

10 The heading for part D of title I is amended to read 

11 as follows: 

12 ‘‘PART D—PREVENTION AND INTERVENTION PRO13 GRAMS FOR NEGLECTED OR DELINQUENT 

14 CHILDREN AND YOUTH’’. 

15 SEC. 132. FINDINGS. 

16 Section 1401(a) (20 U.S.C. 6421(a)) is amended by 

17 striking paragraphs (6) through (9) and inserting the fol18 lowing: 

19 ‘‘(6) Youth returning from correctional facilities 

20 need to be involved in programs that provide them 

21 with high-level skills and other support to help them 

22 stay in school and complete their education. 

23 ‘‘(7) Pregnant and parenting teenagers are a 

24 high-at-risk group for dropping out of school and 

25 should be targeted by dropout prevention programs.’’. 


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1 SEC. 133. ALLOCATION OF FUNDS. 

2 Section 1412(b) (20 U.S.C. 6432(b)) is amended to 

3 read as follows: 

4 ‘‘(b) SUBGRANTS TO STATE AGENCIES IN PUERTO

5 RICO.— 

6 ‘‘(1) IN GENERAL.—For each fiscal year, the 

7 amount of the subgrant which a State agency in the 

8 Commonwealth of Puerto Rico shall be eligible to re9 ceive under this part shall be the amount determined 

10 by multiplying the number of children counted under 

11 subparagraph (a)(1)(A) for the Commonwealth of 

12 Puerto Rico by the product of— 

13 ‘‘(A) the percentage which the average per14 pupil expenditure in the Commonwealth of Puer15 to Rico is of the lowest average per-pupil expend16 iture of any of the 50 States; and 

17 ‘‘(B) 32 percent of the average per-pupil ex18 penditure in the United States. 

19 ‘‘(2) MINIMUM PERCENTAGE.—The percentage in 

20 paragraph (1)(A) shall not be less than— 

21 ‘‘(A) for fiscal year 2002, 77.5 percent; 

22 ‘‘(B) for fiscal year 2003, 80.0 percent; 

23 ‘‘(C) for fiscal year 2004, 82.5 percent; and 

24 ‘‘(D) for fiscal year 2005 and succeeding 

25 fiscal years, 85.0 percent. 


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1 ‘‘(3) LIMITATION.—If the application of para2 graph (2) would result in any of the 50 States or the 

3 District of Columbia receiving less under this part 

4 than it received under this part for the preceding fis5 cal year, the percentage in paragraph (1) shall be the 

6 greater of the percentage in paragraph (1)(A) or the 

7 percentage used for the preceding fiscal year.’’. 

8 SEC. 134. STATE PLAN AND STATE AGENCY APPLICATIONS. 

9 Section 1414 (20 U.S.C. 6434) is amended to read as 

10 follows: 

11 ‘‘SEC. 1414. STATE PLAN AND STATE AGENCY APPLICA12 TIONS. 

13 ‘‘(a) STATE PLAN.— 

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

15 agency that desires to receive a grant under this part 

16 shall submit, for approval by the Secretary, a plan 

17 for meeting the educational needs of neglected and de18 linquent youth, for assisting in their transition from 

19 institutions to locally operated programs, and which 

20 is integrated with other programs under this Act or 

21 other Acts, as appropriate, consistent with section 

22 8306. 

23 ‘‘(2) CONTENTS.—Each such State plan shall— 

24 ‘‘(A) describe the program goals, objectives, 

25 and performance measures established by the 


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1 State that will be used to assess the effectiveness 

2 of the program in improving academic and voca3 tional and technical skills of children in the pro4 gram; 

5 ‘‘(B) provide that, to the extent feasible, 

6 such children will have the same opportunities to 

7 learn as such children would have if such chil8 dren were in the schools of local educational 

9 agencies in the State; and 

10 ‘‘(C) contain assurances that the State edu11 cational agency will— 

12 ‘‘(i) ensure that programs assisted 

13 under this part will be carried out in ac14 cordance with the State plan described in 

15 this subsection; 

16 ‘‘(ii) carry out the evaluation require17 ments of section 1416; 

18 ‘‘(iii) ensure that the State agencies re19 ceiving subgrants under this subpart com20 ply with all applicable statutory and regu21 latory requirements; and 

22 ‘‘(iv) provide such other information as 

23 the Secretary may reasonably require. 

24 ‘‘(3) DURATION OF THE PLAN.—Each such State 

25 plan shall— 


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

2 State’s participation under this part; and 

3 ‘‘(B) be periodically reviewed and revised 

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

5 the State’s strategies and programs under this 

6 part. 

7 ‘‘(b) SECRETARIAL APPROVAL AND PEER REVIEW.— 

8 ‘‘(1) SECRETARIAL APPROVAL.—The Secretary 

9 shall approve each State plan that meets the require10 ments of this part. 

11 ‘‘(2) PEER REVIEW.—The Secretary may review 

12 any State plan with the assistance and advice of in13 dividuals with relevant expertise. 

14 ‘‘(c) STATE AGENCY APPLICATIONS.—Any State agen15 cy that desires to receive funds to carry out a program 

16 under this part shall submit an application to the State 

17 educational agency that— 

18 ‘‘(1) describes the procedures to be used, con19 sistent with the State plan under section 1111, to as20 sess the educational needs of the children to be served; 

21 ‘‘(2) provides assurances that in making services 

22 available to youth in adult correctional facilities, pri23 ority will be given to such youth who are likely to 

24 complete incarceration within a 2-year period; 


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1 ‘‘(3) describes the program, including a budget 

2 for the first year of the program, with annual updates 

3 to be provided to the State educational agency; 

4 ‘‘(4) describes how the program will meet the 

5 goals and objectives of the State plan under this sub6 part; 

7 ‘‘(5) describes how the State agency will consult 

8 with experts and provide the necessary training for 

9 appropriate staff, to ensure that the planning and op10 eration of institution-wide projects under section 1416 

11 are of high quality; 

12 ‘‘(6) describes how the agency will carry out the 

13 evaluation requirements of section 8651 and how the 

14 results of the most recent evaluation are used to plan 

15 and improve the program; 

16 ‘‘(7) includes data showing that the agency has 

17 maintained fiscal effort required of a local edu18 cational agency, in accordance with section 8501; 

19 ‘‘(8) describes how the programs will be coordi20 nated with other appropriate State and Federal pro21 grams, such as job training programs, vocational and 

22 technical education programs, State and local drop23 out prevention programs, and special education pro24 grams; 


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1 ‘‘(9) describes how States will encourage correc2 tional facilities receiving funds under this subpart to 

3 coordinate with local educational agencies or alter4 native education programs attended by incarcerated 

5 youth prior to their incarceration to ensure that stu6 dent assessments and appropriate academic records 

7 are shared jointly between the correctional facility 

8 and the local educational agency or alternative edu9 cation program; 

10 ‘‘(10) describes how appropriate professional de11 velopment will be provided to teachers and other staff; 

12 ‘‘(11) designates an individual in each affected 

13 institution to be responsible for issues relating to the 

14 transition of children and youth from the institution 

15 to locally operated programs; 

16 ‘‘(12) describes how the agency will endeavor to 

17 coordinate with businesses for training and men18 toring for participating youth; 

19 ‘‘(13) provides assurances that the agency will 

20 assist in locating alternative programs through which 

21 students can continue their education if students are 

22 not returning to school after leaving the correctional 

23 facility; 

24 ‘‘(14) provides assurances that the agency will 

25 work with parents to secure parents’ assistance in imVerDate Mar 15 2010 15:07 Jun 10, 2011 Jkt 223001 PO 00000 Frm 00263 Fmt 6652 Sfmt 6203 E:\ERIC\H1.RH2 H1

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1 proving the educational achievement of their children 

2 and preventing their children’s further involvement in 

3 delinquent activities; 

4 ‘‘(15) provides assurances that the agency works 

5 with special education youth in order to meet an ex6 isting individualized education program and an as7 surance that the agency will notify the youth’s local 

8 school if such youth— 

9 ‘‘(A) is identified as in need of special edu10 cation services while the youth is in the facility; 

11 and 

12 ‘‘(B) intends to return to the local school; 

13 ‘‘(16) provides assurances that the agency will 

14 work with youth who dropped out of school before en15 tering the facility to encourage the youth to reenter 

16 school once the term of incarceration has been com17 pleted or provide the youth with the skills necessary 

18 to gain employment, continue the education of the 

19 youth, or achieve a secondary school diploma or the 

20 recognized equivalent if the youth does not intend to 

21 return to school; 

22 ‘‘(17) provides assurances that teachers and other 

23 qualified staff are also trained to work with children 

24 with disabilities and other students with special 


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1 needs, taking into consideration the unique needs of 

2 such students; 

3 ‘‘(18) describes any additional services to be pro4 vided to youth, such as career counseling, distance 

5 learning, and assistance in securing student loans 

6 and grants; and 

7 ‘‘(19) provides assurances that the program 

8 under this subpart will be coordinated with any pro9 grams operated under the Juvenile Justice and Delin10 quency Prevention Act of 1974 (42 U.S.C. 5601 et 

11 seq.) or other comparable programs, if applicable.’’. 

12 SEC. 135. USE OF FUNDS. 

13 Section 1415(a) (20 U.S.C. 6435(a)) is amended— 

14 (1) in paragraph (1)(B), by inserting ‘‘, voca15 tional and technical training’’ after ‘‘secondary school 

16 completion’’; 

17 (2) in paragraph (2)(B)— 

18 (A) in clause (i), by inserting ‘‘and’’ after 

19 the semicolon; 

20 (B) in clause (ii), by striking ‘‘; and’’ and 

21 inserting a semicolon; and 

22 (C) by striking clause (iii); 

23 (3) in paragraph (2)(C), by striking ‘‘part F of 

24 this title’’ and inserting ‘‘part H’’; and 


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1 (4) in paragraph (2)(D), by striking ‘‘section 

2 14701’’ and inserting ‘‘section 8651’’. 

3 SEC. 136. TRANSITION SERVICES. 

4 Section 1418(a) (20 U.S.C. 6438(a)) is amended by 

5 striking ‘‘10 percent’’ and inserting ‘‘15 percent’’. 

6 SEC. 137. PURPOSE. 

7 Section 1421(3) (20 U.S.C. 6451(3)) is amended to 

8 read as follows: 

9 ‘‘(3) operate programs in local schools for youth 

10 returning from correctional facilities and programs 

11 which may also serve youth at risk of dropping out 

12 of school.’’. 

13 SEC. 138. PROGRAMS OPERATED BY LOCAL EDUCATIONAL 

14 AGENCIES. 

15 Section 1422 (20 U.S.C. 6452) is amended— 

16 (1) in subsection (a), by striking ‘‘retained’’; 

17 (2) by amending subsection (b) to read as fol18 lows: 

19 ‘‘(b) SPECIAL RULE.—A local educational agency 

20 which includes a correctional facility that operates a school 

21 is not required to operate a program of support for children 

22 returning from such school to a school not operated by a 

23 correctional agency but served by such local educational 

24 agency if more than 30 percent of the youth attending the 

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1 side the boundaries of the local educational agency after 

2 leaving such facility.’’; and 

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

4 ‘‘(d) TRANSITIONAL AND ACADEMIC SERVICES.—Tran5 sitional and supportive programs operated in local edu6 cational agencies under this subpart shall be designed pri7 marily to meet the transitional and academic needs of stu8 dents returning to local educational agencies or alternative 

9 education programs from correctional facilities. Services to 

10 students at risk of dropping out of school shall not have 

11 a negative impact on meeting the transitional and aca12 demic needs of the students returning from correctional fa13 cilities.’’. 

14 SEC. 139. LOCAL EDUCATIONAL AGENCY APPLICATIONS. 

15 Section 1423 (20 U.S.C. 6453) is amended by striking 

16 paragraphs (4) through (9) and inserting the following: 

17 ‘‘(4) a description of the program operated by 

18 participating schools for children returning from cor19 rectional facilities and the types of services that such 

20 schools will provide such youth and other at-risk 

21 youth; 

22 ‘‘(5) a description of the characteristics (includ23 ing learning difficulties, substance abuse problems, 

24 and other special needs) of the youth who will be re25 turning from correctional facilities and, as approVerDate Mar 15 2010 15:07 Jun 10, 2011 Jkt 223001 PO 00000 Frm 00267 Fmt 6652 Sfmt 6203 E:\ERIC\H1.RH2 H1

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1 priate, other at-risk youth expected to be served by the 

2 program and how the school will coordinate existing 

3 educational programs to meet the unique educational 

4 needs of such youth; 

5 ‘‘(6) as appropriate, a description of how schools 

6 will coordinate with existing social, health, and other 

7 services to meet the needs of students returning from 

8 correctional facilities, students at risk of dropping out 

9 of school, and other participating students, including 

10 prenatal health care and nutrition services related to 

11 the health of the parent and child, parenting and 

12 child development classes, child care, targeted reentry 

13 and outreach programs, referrals to community re14 sources, and scheduling flexibility; 

15 ‘‘(7) as appropriate, a description of any part16 nerships with local businesses to develop training, 

17 curriculum-based youth entrepreneurship education, 

18 and mentoring services for participating students; 

19 ‘‘(8) as appropriate, a description of how pro20 grams will involve parents in efforts to improve the 

21 educational achievement of their children, prevent the 

22 involvement of their children in delinquent activities, 

23 and encourage their children to remain in school and 

24 complete their education; 


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1 ‘‘(9) a description of how the program under this 

2 subpart will be coordinated with other Federal, State, 

3 and local programs, such as job training programs 

4 and vocational and technical education programs 

5 serving this at-risk population of youth.’’. 

6 SEC. 140. USES OF FUNDS. 

7 Section 1424 (20 U.S.C. 6454) is amended by striking 

8 paragraphs (1) through (3) and inserting the following: 

9 ‘‘(1) programs that serve youth returning from 

10 correctional facilities to local schools, to assist in the 

11 transition of such youth to the school environment 

12 and help them remain in school in order to complete 

13 their education; 

14 ‘‘(2) providing assistance to other youth at risk 

15 of dropping out of school, including pregnant and 

16 parenting teenagers; 

17 ‘‘(3) the coordination of social, health, and other 

18 services, including day care, for participating youth, 

19 if the provision of such services will improve the like20 lihood that such youth will complete their education; 

21 ‘‘(4) special programs to meet the unique aca22 demic needs of participating youth, including voca23 tional and technical education, special education, ca24 reer counseling, curriculum-based youth entrepreneurVerDate Mar 15 2010 15:07 Jun 10, 2011 Jkt 223001 PO 00000 Frm 00269 Fmt 6652 Sfmt 6203 E:\ERIC\H1.RH2 H1

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1 ship education, and assistance in securing student 

2 loans or grants for postsecondary education; and 

3 ‘‘(5) programs providing mentoring and peer 

4 mediation.’’. 

5 SEC. 141. PROGRAM REQUIREMENTS. 

6 Section 1425 (20 U.S.C. 6455) is amended— 

7 (1) in the section heading, by striking ‘‘THIS

8 SECTION’’ and inserting ‘‘this subpart’’; 

9 (2) in the matter preceding paragraph (1), by 

10 striking ‘‘this section’’ and inserting ‘‘this subpart’’; 

11 (3) in paragraph (1), by striking ‘‘where feasible, 

12 ensure educational programs’’ and inserting ‘‘to the 

13 extent practicable, ensure that educational programs’’; 

14 (4) in paragraphs (3) and (8), by striking 

15 ‘‘where feasible,’’ and inserting ‘‘to the extent prac16 ticable,’’; 

17 (5) in paragraph (9)— 

18 (A) by striking ‘‘this program’’ and insert19 ing ‘‘this subpart’’; 

20 (B) by inserting ‘‘and technical’’ after ‘‘vo21 cational’’; and 

22 (C) by striking ‘‘title I of the Workforce In23 vestment Act of 1998’’ and inserting ‘‘other job 

24 training programs’’; 


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1 (6) in paragraph (10), by inserting ‘‘(42 U.S.C. 

2 5601 et seq.)’’ after ‘‘Juvenile Justice and Delin3 quency Prevention Act of 1974’’; and 

4 (7) by amending paragraph (11) to read as fol5 lows: 

6 ‘‘(11) if appropriate, work with local businesses 

7 to develop training, curriculum-based youth entrepre8 neurship education, and mentoring programs for 

9 youth.’’. 

10 SEC. 142. PROGRAM EVALUATIONS. 

11 Section 1431(a) (20 U.S.C. 6471(a)) is amended by 

12 striking ‘‘sex, and if feasible,’’ and inserting ‘‘gender,’’. 

13 PART E—FEDERAL EVALUATIONS AND 

14 DEMONSTRATIONS 

15 SEC. 151. EVALUATIONS. 

16 Section 1501 (20 U.S.C. 6491) is amended to read as 

17 follows: 

18 ‘‘SEC. 1501. EVALUATIONS. 

19 ‘‘(a) NATIONAL ASSESSMENT.— 

20 ‘‘(1) IN GENERAL.—In accordance with this sec21 tion, the Secretary shall conduct a national assess22 ment of programs assisted under this title. 

23 ‘‘(2) ISSUES TO BE EXAMINED.—In conducting 

24 the assessment under this subsection, the Secretary 

25 shall examine— 


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1 ‘‘(A) the implementation of programs as2 sisted under this title and the impact of such im3 plementation on increasing student academic 

4 achievement, particularly schools with high con5 centrations of children living in poverty; 

6 ‘‘(B) the implementation of State standards, 

7 assessments, and accountability systems devel8 oped under this title and the impact of such im9 plementation on educational programs and in10 struction at the local level; 

11 ‘‘(C) the impact of schoolwide programs and 

12 targeted assistance programs under this title on 

13 improving student academic achievement; 

14 ‘‘(D) the extent to which varying models of 

15 comprehensive school reform are funded under 

16 this title, and the effect of the implementation of 

17 such models on improving achievement of dis18 advantaged students; 

19 ‘‘(E) the costs as compared to the benefits of 

20 the activities assisted under this title; 

21 ‘‘(F) the impact of school choice options 

22 under section 1116 on the academic achievement 

23 of disadvantaged students, on schools in school 

24 improvement, and on schools from which stu25 dents have transferred under such options; 


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1 ‘‘(G) the extent to which actions authorized 

2 under section 1116 of this title are employed by 

3 State and local educational agencies to improve 

4 the academic achievement of students in low-per5 forming schools, and the effectiveness of the im6 plementation of such actions; 

7 ‘‘(H) the extent to which technical assist8 ance made available under this title is used to 

9 improve the achievement of students in low-per10 forming schools, and the impact of such assist11 ance on such achievement; 

12 ‘‘(I) the extent to which State and local fis13 cal accounting requirements under this title 

14 limit the flexibility of schoolwide programs; 

15 ‘‘(J) the impact of the professional develop16 ment activities assisted under this title on in17 struction and student performance; 

18 ‘‘(K) the extent to which the assistance 

19 made available under this title is targeted to dis20 advantaged students and schools that need them 

21 the most; 

22 ‘‘(L) the effectiveness of Federal administra23 tion assistance made available under this title, 

24 including monitoring and technical assistance; 

25 and 


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1 ‘‘(M) such other issues as the Secretary con2 siders appropriate. 

3 ‘‘(3) SOURCES OF INFORMATION.—In conducting 

4 the assessment under this subsection, the Secretary 

5 shall use information from a variety of sources, in6 cluding the National Assessment of Educational 

7 Progress (carried out under section 411 of the Na8 tional Education Statistics Act of 1994 (20 U.S.C. 

9 9010)), state evaluations, and other research studies. 

10 ‘‘(4) COORDINATION.—In carrying out this sub11 section, the Secretary shall— 

12 ‘‘(A) coordinate conducting the national as13 sessment with conducting the longitudinal study 

14 described in subsection (c); and 

15 ‘‘(B) ensure that the independent review 

16 panel described in subsection (d) participates in 

17 conducting the national assessment, including 

18 planning for and reviewing the assessment. 

19 ‘‘(5) REPORTS.— 

20 ‘‘(A) INTERIM REPORT.—Not later than 3 

21 years after the date of enactment of the Leave No 

22 Child Behind Act of 2001, the Secretary shall 

23 transmit to the President and the Congress an 

24 interim report on the national assessment con25 ducted under this subsection. 


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1 ‘‘(B) FINAL REPORT.—Not later than 4 

2 years after the date of enactment of the Leave No 

3 Child Behind Act of 2001, the Secretary shall 

4 transmit to the President and the Congress a 

5 final report on the national assessment con6 ducted under this subsection. 

7 ‘‘(b) STUDIES AND DATA COLLECTION.— 

8 ‘‘(1) IN GENERAL.—In addition to other activi9 ties described in this section, the Secretary may, di10 rectly or through the making of grants to or contracts 

11 with appropriate entities— 

12 ‘‘(A) conduct studies and evaluations of the 

13 need for, and effectiveness of, each program au14 thorized under this title; 

15 ‘‘(B) collect the data necessary to comply 

16 with the Government Performance and Results 

17 Act of 1993; and 

18 ‘‘(C) provide guidance and technical assist19 ance to State educational agencies and local edu20 cational agencies in developing and maintaining 

21 management information systems through which 

22 such agencies can develop program performance 

23 indicators in order to improve services and per24 formance. 


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1 ‘‘(2) MINIMUM INFORMATION.—Under this sub2 section, the Secretary shall collect, at a minimum, 

3 trend information on the effect of each program au4 thorized under this title, which shall complement the 

5 data collected and reported under subsections (a) and 

6 (c). 

7 ‘‘(c) NATIONAL LONGITUDINAL STUDY.— 

8 ‘‘(1) IN GENERAL.—The Secretary shall conduct 

9 a longitudinal study of schools receiving assistance 

10 under this title. 

11 ‘‘(2) ISSUES TO BE EXAMINED.—In carrying out 

12 this subsection, the Secretary shall ensure that the 

13 study referred to in paragraph (1) provides the Con14 gress and educators with each of the following: 

15 ‘‘(A) An accurate description and analysis 

16 of short-term and long-term effectiveness of the 

17 assistance made available under this title upon 

18 academic performance. 

19 ‘‘(B) Information that can be used to im20 prove the effectiveness of the assistance made 

21 available under this title in enabling students to 

22 meet challenging achievement standards. 

23 ‘‘(C) An analysis of educational practices or 

24 model programs that are effective in improving 

25 the achievement of disadvantaged children. 


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1 ‘‘(D) An analysis of the costs as compared 

2 to the benefits of the assistance made available 

3 under this title in improving the achievement of 

4 disadvantaged children. 

5 ‘‘(E) An analysis of the effects of the avail6 ability of school choice options under section 

7 1116 on the academic achievement of disadvan8 taged students, on schools in school improvement, 

9 and on schools from which students have trans10 ferred under such options. 

11 ‘‘(F) Such other information as the Sec12 retary considers appropriate. 

13 ‘‘(3) SCOPE.—In conducting the study referred to 

14 in paragraph (1), the Secretary shall ensure that the 

15 study— 

16 ‘‘(A) bases its analysis on a nationally rep17 resentative sample of schools participating in 

18 programs under this part; 

19 ‘‘(B) to the extent practicable, includes in 

20 its analysis students who transfer to different 

21 schools during the course of the study; and 

22 ‘‘(C) analyzes varying models or strategies 

23 for delivering school services, including— 

24 ‘‘(i) schoolwide and targeted services; 

25 and 


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1 ‘‘(ii) comprehensive school reform mod2 els. 

3 ‘‘(d) INDEPENDENT REVIEW PANEL.— 

4 ‘‘(1) IN GENERAL.—The Secretary shall establish 

5 an independent review panel (in this subsection re6 ferred to as the ‘Review Panel’) to advise the Sec7 retary on methodological and other issues that arise 

8 in carrying out subsections (a) and (c). 

9 ‘‘(2) APPOINTMENT OF MEMBERS.— 

10 ‘‘(A) IN GENERAL.—Subject to subpara11 graph (B), the Secretary shall appoint members 

12 of the Review Panel from among qualified indi13 viduals who are— 

14 ‘‘(i) specialists in statistics, evaluation, 

15 research, and assessment; 

16 ‘‘(ii) education practitioners, including 

17 teachers, principals, and local and State su18 perintendents; and 

19 ‘‘(iii) other individuals with technical 

20 expertise who would contribute to the over21 all rigor and quality of the program evalua22 tion. 

23 ‘‘(B) LIMITATIONS.—In appointing mem24 bers of the Review Panel under this subpara25 graph (A), the Secretary shall ensure that— 


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1 ‘‘(i) in order to ensure diversity, a ma2 jority of the number of individuals ap3 pointed under subparagraph (A)(i) rep4 resent disciplines or programs outside the 

5 field of education; and 

6 ‘‘(ii) the total number of the individ7 uals appointed under subparagraph (A)(ii) 

or (A)(iii) does not exceed 1 8 ⁄3 of the total 

9 number of the individuals appointed under 

10 this paragraph. 

11 ‘‘(3) FUNCTIONS.—The Review Panel shall con12 sult with and advise the Secretary— 

13 ‘‘(A) to ensure that the assessment con14 ducted under subsection (a) and the study con15 ducted under subsection (c)— 

16 ‘‘(i) adhere to the highest possible 

17 standards of quality with respect to research 

18 design, statistical analysis, and the dissemi19 nation of findings; and 

20 ‘‘(ii) use valid and reliable measures to 

21 document program implementation and im22 pacts; and 

23 ‘‘(B) to ensure— 

24 ‘‘(i) that the final report described in 

25 subsection (a)(5)(B) is reviewed not later 


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1 than 120 days after its completion by not 

2 less than 2 independent experts in program 

3 evaluation; 

4 ‘‘(ii) that such experts evaluate and 

5 comment on the degree to which the report 

6 complies with subsection (a); and 

7 ‘‘(iii) that the comments of such ex8 perts are transmitted with the report under 

9 subsection (a)(5)(B).’’. 

10 SEC. 152. DEMONSTRATIONS OF INNOVATIVE PRACTICES. 

11 (a) IN GENERAL.—Section 1502 (20 U.S.C. 6492) is 

12 amended— 

13 (1) by redesignating subsection (b) as subsection 

14 (c); 

15 (2) by striking in subsection (a) ‘‘(2) EVALUA16 TION.—The Secretary’’ and inserting ‘‘(b) EVALUA17 TION.—The Secretary’’ and by moving such sub18 section (b) 2 ems to the left; 

19 (3) by striking in subsection (a) ‘‘Such projects 

20 shall include promising’’ and all that follows through 

21 ‘‘career guidance opportunities.’’; 

22 (4) by striking ‘‘student performance standards’’ 

23 and inserting ‘‘student achievement standards’’; 

24 (5) by inserting ‘‘academic’’ after ‘‘to meet chal25 lenging State’’; and 


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1 (6) by striking ‘‘(a) DEMONSTRATION PRO2 GRAMS’’ and all that follows through ‘‘IN GENERAL.— 

3 From the’’ and inserting ‘‘(a) IN GENERAL.—From 

4 the’’. 

5 SEC. 153. ELLENDER-CLOSE UP FELLOWSHIP PROGRAM; 

6 DROPOUT REPORTING. 

7 (a) IN GENERAL.—Part E of title I (20 U.S.C. 6491 

8 et seq.) is further amended by adding at the end the fol9 lowing: 

10 ‘‘SEC. 1503. ELLENDER-CLOSE UP FELLOWSHIP PROGRAM 

11 ‘‘(a) FINDINGS.—Congress finds the following: 

12 ‘‘(1) It is a worthwhile goal to ensure that all 

13 students in America are prepared for responsible citi14 zenship and that all students should have the oppor15 tunity to be involved in activities that promote and 

16 demonstrate good citizenship. 

17 ‘‘(2) It is a worthwhile goal to ensure that Amer18 ica’s educators have access to programs for the contin19 ued improvement of their professional skills. 

20 ‘‘(3) Allen J. Ellender, a Senator from Lou21 isiana and President pro tempore of the United 

22 States Senate, had a distinguished career in public 

23 service characterized by extraordinary energy and 

24 real concern for young people. Senator Ellender pro25 vided valuable support and encouragement to the 


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1 Close Up Foundation, a nonpartisan, nonprofit foun2 dation promoting knowledge and understanding of the 

3 Federal Government among young people and edu4 cators. Therefore, it is a fitting and appropriate trib5 ute to Senator Ellender to provide fellowships in his 

6 name to students of limited economic means and the 

7 teachers who work with such students, so that such 

8 students and teachers may participate in the pro9 grams supported by the Close Up Foundation. 

10 ‘‘(4) The Close Up Foundation is a nonpartisan, 

11 nonprofit, education foundation promoting civic re12 sponsibility and knowledge and understanding of the 

13 Federal Government among young people and edu14 cators. The Congress has consistently supported the 

15 Close Up Foundation’s work with disadvantaged 

16 young people and their educators through the Allen J. 

17 Ellender Fellowship Program. Therefore, it is fitting 

18 and appropriate to continue support under the suc19 cessor Ellender-Close Up Fellowship Program to stu20 dents of limited economic means and the teachers who 

21 work with such students, so that such students and 

22 teachers may participate in the programs supported 

23 by the Close Up Foundation. 

24 ‘‘(b) PROGRAM FOR MIDDLE AND SECONDARY SCHOOL

25 STUDENTS.— 


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1 ‘‘(1) ESTABLISHMENT.— 

2 ‘‘(A) GENERAL AUTHORITY.—In accordance 

3 with this subsection, the Secretary may make 

4 grants to the Close Up Foundation of Wash5 ington, District of Columbia, a nonpartisan, 

6 nonprofit foundation, for the purpose of assisting 

7 the Close Up Foundation in carrying out its 

8 programs of increasing civic responsibility and 

9 understanding of the Federal Government among 

10 middle and secondary school students. 

11 ‘‘(B) USE OF FUNDS.—Grants under this 

12 subsection shall be used only to provide financial 

13 assistance to economically disadvantaged stu14 dents who participate in the program described 

15 in subparagraph (A). Financial assistance re16 ceived pursuant to this subsection by such stu17 dents shall be known as Ellender-Close Up fel18 lowships. 

19 ‘‘(2) APPLICATIONS.— 

20 ‘‘(A) APPLICATION REQUIRED.—No grant 

21 under this subsection may be made except upon 

22 an application at such time, in such manner, 

23 and accompanied by such information as the 

24 Secretary may reasonably require. 


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1 ‘‘(B) CONTENTS OF APPLICATION.—Each 

2 application submitted under this paragraph 

3 shall contain provisions to assure— 

4 ‘‘(i) that fellowship grants are made to 

5 economically disadvantaged middle and sec6 ondary school students; 

7 ‘‘(ii) that every effort will be made to 

8 ensure the participation of students from 

9 rural and small town areas, as well as from 

10 urban areas, and that in awarding fellow11 ships to economically disadvantaged stu12 dents, special consideration will be given to 

13 the participation of students with special 

14 educational needs, including students with 

15 disabilities, ethnic minority students, recent 

16 immigrants, and gifted and talented stu17 dents; and 

18 ‘‘(iii) the proper disbursement of the 

19 funds received under this subsection. 

20 ‘‘(c) PROGRAM FOR MIDDLE AND SECONDARY SCHOOL

21 TEACHERS.— 

22 ‘‘(1) ESTABLISHMENT.— 

23 ‘‘(A) GENERAL AUTHORITY.—In accordance 

24 with this subsection, the Secretary may make 

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1 ington, District of Columbia, a nonpartisan, 

2 nonprofit foundation, for the purpose of assisting 

3 the Close Up Foundation in carrying out its 

4 programs of professional development for middle 

5 and secondary school teachers and to promote 

6 greater civic understanding and responsibility 

7 among the students of such teachers. 

8 ‘‘(B) USE OF FUNDS.—Grants under this 

9 subsection shall be used only for financial assist10 ance to teachers who participate in the program 

11 described in subparagraph (A). Financial assist12 ance received pursuant to this subpart by such 

13 individuals shall be known as Ellender-Close Up 

14 fellowships. 

15 ‘‘(2) APPLICATIONS.— 

16 ‘‘(A) APPLICATION REQUIRED.—No grant 

17 under this subsection may be made except upon 

18 an application at such time, in such manner, 

19 and accompanied by such information as the 

20 Secretary may reasonably require. 

21 ‘‘(B) CONTENTS OF APPLICATION.—Each 

22 application submitted under this paragraph 

23 shall contain provisions to assure— 

24 ‘‘(i) that fellowship grants are made 

25 only to teachers who have worked with at 


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1 least one student from such teacher’s school 

2 who participates in the programs described 

3 in subsection (b); 

4 ‘‘(ii) that no teacher in each school 

5 participating in the programs assisted 

6 under subsection (b) may receive more than 

7 one fellowship in any fiscal year; and 

8 ‘‘(iii) the proper disbursement of the 

9 funds received under this subsection. 

10 ‘‘(d) PROGRAMS FOR RECENT IMMIGRANTS AND STU11 DENTS OF MIGRANT PARENTS.— 

12 ‘‘(1) ESTABLISHMENT.— 

13 ‘‘(A) GENERAL AUTHORITY.—In accordance 

14 with this subsection, the Secretary may make 

15 grants to the Close Up Foundation of Wash16 ington, District of Columbia, a nonpartisan, 

17 nonprofit foundation, for the purpose of assisting 

18 the Close Up Foundation in carrying out its 

19 programs of increasing understanding of the 

20 Federal Government among economically dis21 advantaged recent immigrants and students of 

22 migrant parents. 

23 ‘‘(B) USE OF FUNDS.—Grants under this 

24 subsection shall be used for financial assistance 

25 to economically disadvantaged older Americans, 


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1 recent immigrants and students of migrant par2 ents who participate in the program described in 

3 subsection (a). Financial assistance received pur4 suant to this subpart by such individuals shall 

5 be known as Ellender-Close Up fellowships. 

6 ‘‘(2) APPLICATIONS.— 

7 ‘‘(A) APPLICATION REQUIRED.—No grant 

8 under this subsection may be made except upon 

9 application at such time, in such manner, and 

10 accompanied by such information as the Sec11 retary may reasonably require. 

12 ‘‘(B) CONTENTS OF APPLICATION.—Each 

13 application submitted under this paragraph 

14 shall contain provisions— 

15 ‘‘(i) to assure that fellowship grants 

16 are made to economically disadvantaged re17 cent immigrants and students of migrant 

18 parents; 

19 ‘‘(ii) to assure that every effort will be 

20 made to ensure the participation of recent 

21 immigrants and students of migrant par22 ents from rural and small town areas, as 

23 well as from urban areas, and that in 

24 awarding fellowships, special consideration 

25 will be given to the participation of recent 


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1 immigrants and students of migrant par2 ents with special needs, including individ3 uals with disabilities, ethnic minorities, 

4 and gifted and talented students; 

5 ‘‘(iii) that fully describe the activities 

6 to be carried out with the proceeds of the 

7 grant; and 

8 ‘‘(iv) to assure the proper disbursement 

9 of the funds received under this subsection. 

10 ‘‘(e) GENERAL PROVISIONS.— 

11 ‘‘(1) ADMINISTRATIVE PROVISIONS.— 

12 ‘‘(A) GENERAL RULE.—Payments under 

13 this section may be made in installments, in ad14 vance, or by way of reimbursement, with nec15 essary adjustments on account of underpayment 

16 or overpayment. 

17 ‘‘(B) AUDIT RULE.—The Comptroller Gen18 eral of the United States or any of the Comp19 troller General’s duly authorized representatives 

20 shall have access for the purpose of audit and ex21 amination to any books, documents, papers, and 

22 records that are pertinent to any grant under 

23 this section. 

24 ‘‘(f) LIMITATION.—Of the funds appropriated to carry 

25 out this section under section 1002, the Secretary may use 


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1 not more than 30 percent to carry out subsection (c) of this 

2 section. 

3 ‘‘SEC. 1504. DROPOUT REPORTING. 

4 ‘‘State educational agencies receiving funds under this 

5 title shall annually report to the National Center on Edu6 cation Statistics (established under section 403 of the Na7 tional Education Statistics Act of 1994 (20 U.S.C. 9002)) 

8 on the dropout rate of students in the State, as defined for 

9 the Center’s Common Core of Data.’’. 

10 (b) CONTINUATION OF AWARDS.—Notwithstanding 

11 any other provision of this Act, any person or agency that 

12 was awarded a grant under part G of title X (20 U.S.C. 

13 8161 et seq.) prior to the date of the enactment of this Act 

14 shall continue to receive funds in accordance with the terms 

15 of such award until the date on which the award period 

16 terminates under such terms. 

17 PART F—COMPREHENSIVE SCHOOL REFORM 

18 SEC. 161. SCHOOL REFORM. 

19 Part F of title I is amended to read as follows: 

20 ‘‘PART F—COMPREHENSIVE SCHOOL REFORM 

21 ‘‘SEC. 1601. COMPREHENSIVE SCHOOL REFORM. 

22 ‘‘(a) FINDINGS AND PURPOSE.— 

23 ‘‘(1) FINDINGS.—Congress finds the following: 

24 ‘‘(A) A number of schools across the country 

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1 ance through the use of comprehensive models for 

2 schoolwide change that incorporate virtually all 

3 aspects of school operations. 

4 ‘‘(B) No single comprehensive school reform 

5 model may be suitable for every school, however, 

6 schools should be encouraged to examine success7 ful, externally developed comprehensive school re8 form approaches as they undertake comprehen9 sive school reform. 

10 ‘‘(C) Comprehensive school reform is an im11 portant means by which children are assisted in 

12 meeting challenging State student academic 

13 achievement standards. 

14 ‘‘(2) PURPOSE.—The purpose of this section is to 

15 provide financial incentives for schools to develop 

16 comprehensive school reforms, based upon scientif17 ically-based research and effective practices that in18 clude an emphasis on basic academics and parental 

19 involvement so that all children can meet challenging 

20 State content and academic achievement standards. 

21 ‘‘(b) PROGRAM AUTHORIZED.— 

22 ‘‘(1) IN GENERAL.—The Secretary is authorized 

23 to provide grants to State educational agencies to 

24 provide subgrants to local educational agencies to 

25 carry out the purpose described in subsection (a)(2). 


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1 ‘‘(2) ALLOCATION.— 

2 ‘‘(A) RESERVATION.—Of the amount appro3 priated under this section, the Secretary may re4 serve— 

5 ‘‘(i) not more than 1 percent for 

6 schools supported by the Bureau of Indian 

7 Affairs and in the United States Virgin Is8 lands, Guam, American Samoa, and the 

9 Commonwealth of the Northern Mariana Is10 lands; 

11 ‘‘(ii) not more than 1 percent to con12 duct national evaluation activities described 

13 under subsection (e); and 

14 ‘‘(iii) not more than 2 percent of the 

15 amount appropriated in fiscal year 2002 to 

16 carry out this part, for quality initiatives 

17 described under subsection (f). 

18 ‘‘(B) IN GENERAL.—Of the amount of funds 

19 remaining after the reservation under subpara20 graph (A), the Secretary shall allocate to each 

21 State for a fiscal year, an amount that bears the 

22 same ratio to the remainder for that fiscal year 

23 as the amount made available under section 

24 1124 to the State for the preceding fiscal year 


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1 bears to the total amount allocated under section 

2 1124 to all States for that year. 

3 ‘‘(C) REALLOCATION.—If a State does not 

4 apply for funds under this section, the Secretary 

5 shall reallocate such funds to other States that do 

6 apply in proportion to the amount allocated to 

7 such States under subparagraph (B). 

8 ‘‘(c) STATE AWARDS.— 

9 ‘‘(1) STATE APPLICATION.— 

10 ‘‘(A) IN GENERAL.—Each State educational 

11 agency that desires to receive a grant under this 

12 section shall submit an application to the Sec13 retary at such time, in such manner and con14 taining such other information as the Secretary 

15 may reasonably require. 

16 ‘‘(B) CONTENTS.—Each State application 

17 shall also describe— 

18 ‘‘(i) the process and selection criteria 

19 by which the State educational agency, 

20 using expert review, will select local edu21 cational agencies to receive subgrants under 

22 this section; 

23 ‘‘(ii) how the agency will ensure that 

24 funds under this part are used only for 


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1 comprehensive school reform programs 

2 that— 

3 ‘‘(I) include each of the compo4 nents described in subsection (d)(2); 

5 ‘‘(II) have the capacity to improve 

6 the academic achievement of all stu7 dents in core academic subjects within 

8 participating schools; and 

9 ‘‘(III) are supported by technical 

10 assistance providers that have a suc11 cessful track record, financial stability, 

12 and the capacity to deliver high-qual13 ity materials and professional develop14 ment for school personnel. 

15 ‘‘(iii) how the agency will disseminate 

16 materials regarding information on com17 prehensive school reforms that are based on 

18 scientifically-based research and effective 

19 practices; 

20 ‘‘(iv) how the agency will evaluate an21 nually the implementation of such reforms 

22 and measure the extent to which the reforms 

23 resulted in increased student academic per24 formance; and 


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1 ‘‘(v) how the agency will provide, tech2 nical assistance to the local educational 

3 agency or consortia of local educational 

4 agencies, and to participating schools, in 

5 evaluating, developing, and implementing 

6 comprehensive school reform. 

7 ‘‘(2) USES OF FUNDS.— 

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

9 subparagraph (E), a State educational agency 

10 that receives an award under this section shall 

11 use such funds to provide competitive grants to 

12 local educational agencies or consortia of local 

13 educational agencies in the State receiving funds 

14 under part A to support comprehensive school re15 forms in schools eligible for funds under such 

16 part. 

17 ‘‘(B) GRANT REQUIREMENTS.—A grant to a 

18 local educational agency or consortium shall 

19 be— 

20 ‘‘(i) of sufficient size and scope to sup21 port the initial costs of the comprehensive 

22 school reforms selected or designed by each 

23 school identified in the application of the 

24 local educational agency or consortium; 


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1 ‘‘(ii) in an amount not less than 

2 $50,000 to each participating school; and 

3 ‘‘(iii) renewable for two additional 1- 

4 year periods after the initial 1-year grant is 

5 made if schools are making substantial 

6 progress in the implementation of their re7 forms. 

8 ‘‘(C) PRIORITY.—The State, in awarding 

9 grants under this paragraph, shall give priority 

10 to local educational agencies that— 

11 ‘‘(i) plan to use the funds in schools 

12 identified as being in need of improvement 

13 or corrective action under section 1116(c); 

14 or 

15 ‘‘(ii) demonstrate a commitment to as16 sist schools with budget allocation, profes17 sional development, and other strategies 

18 necessary to ensure the comprehensive school 

19 reforms are properly implemented and are 

20 sustained in the future. 

21 ‘‘(D) GRANT CONSIDERATION.—In making 

22 subgrant awards under this part, the State edu23 cational agency shall take into account the equi24 table distribution of awards to different geo25 graphic regions within the State, including 


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1 urban and rural areas, and to schools serving el2 ementary and secondary students. 

3 ‘‘(E) ADMINISTRATIVE COSTS.—A State 

4 educational agency that receives a grant award 

5 under this section may reserve not more than 5 

6 percent of such award for administrative, eval7 uation, and technical assistance expenses. 

8 ‘‘(F) SUPPLEMENT.—Funds made available 

9 under this section shall be used to supplement, 

10 not supplant, any other Federal, State, or local 

11 funds that would otherwise be available to carry 

12 out this section. 

13 ‘‘(3) REPORTING.—Each State educational agen14 cy that receives an award under this section shall 

15 provide to the Secretary such information as the Sec16 retary may require, including the names of local edu17 cational agencies and schools selected to receive 

18 subgrant awards under this section, the amount of 

19 such award, a description of the comprehensive school 

20 reforms selected and in use and a copy of the State’s 

21 annual evaluation of the implementation of com22 prehensive school reforms supported under this part 

23 and student achievement results. 

24 ‘‘(d) LOCAL AWARDS.— 


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1 ‘‘(1) IN GENERAL.—Each local educational agen2 cy or consortium that applies for a subgrant under 

3 this section shall— 

4 ‘‘(A) identify which schools eligible for 

5 funds under part A plan to implement a com6 prehensive school reform program, including the 

7 projected costs of such a program; 

8 ‘‘(B) describe the comprehensive school re9 forms based on scientifically-based research and 

10 effective practices that such schools will imple11 ment; 

12 ‘‘(C) describe how the agency or consortium 

13 will provide technical assistance and support for 

14 the effective implementation of the school reforms 

15 based on scientifically-based research and effec16 tive practices selected by such schools; and 

17 ‘‘(D) describe how the agency or consortium 

18 will evaluate the implementation of such reforms 

19 and measure the results achieved in improving 

20 student academic performance. 

21 ‘‘(2) COMPONENTS OF THE PROGRAM.—A local 

22 educational agency that receives a subgrant award 

23 under this section shall provide such funds to schools 

24 that implement a comprehensive school reform pro25 gram that— 


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1 ‘‘(A) employs proven strategies and proven 

2 methods for student learning, teaching, and 

3 school management that are based on scientif4 ically-based research and effective practices and 

5 have been replicated successfully in similar 

6 schools; 

7 ‘‘(B) integrates a comprehensive design for 

8 effective school functioning, including instruc9 tion, assessment, classroom management, profes10 sional development, parental involvement, and 

11 school management, that aligns the school’s cur12 riculum, technology, and professional develop13 ment into a comprehensive reform plan for 

14 schoolwide change designed to enable all students 

15 to meet challenging State content and chal16 lenging student performance standards and ad17 dresses needs identified through a school needs 

18 assessment; 

19 ‘‘(C) provides high-quality and continuous 

20 teacher and staff professional development; 

21 ‘‘(D) includes measurable goals for student 

22 performance and benchmarks for meeting such 

23 goals; 

24 ‘‘(E) is supported by teachers, principals, 

25 administrators, and other professional staff; 


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1 ‘‘(F) provides for the meaningful involve2 ment of parents and the local community in 

3 planning and implementing school improvement 

4 activities; 

5 ‘‘(G) uses high quality external technical 

6 support and assistance from an entity, which 

7 may be an institution of higher education, with 

8 experience and expertise in schoolwide reform 

9 and improvement; 

10 ‘‘(H) includes a plan for the annual evalua11 tion of the implementation of school reforms and 

12 the student results achieved; 

13 ‘‘(I) identifies how other resources, includ14 ing Federal, State, local, and private resources, 

15 available to the school will be used to coordinate 

16 services to support and sustain the school reform 

17 effort; and 

18 ‘‘(J)(i) has been found, through rigorous 

19 field experiments in multiple sites, to signifi20 cantly improve the academic performance of stu21 dents participating in such activity or program 

22 as compared to similar students in similar 

23 schools, who have not participated in such activ24 ity or program; or 


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1 ‘‘(ii) has been found to have strong evidence 

2 that such model will significantly improve the 

3 performance of participating children. 

4 ‘‘(3) SPECIAL RULE.—A school that receives 

5 funds to develop a comprehensive school reform pro6 gram shall not be limited to using nationally avail7 able approaches, but may develop its own comprehen8 sive school reform program for schoolwide change that 

9 complies with paragraph (2). 

10 ‘‘(e) EVALUATION AND REPORT.— 

11 ‘‘(1) IN GENERAL.—The Secretary shall develop 

12 a plan for a national evaluation of the programs de13 veloped pursuant to this section. 

14 ‘‘(2) EVALUATION.—This national evaluation 

15 shall evaluate the implementation and results 

16 achieved by schools after 3 years of implementing 

17 comprehensive school reforms, and assess the effective18 ness of comprehensive school reforms in schools with 

19 diverse characteristics. 

20 ‘‘(3) REPORTS.—Prior to the completion of a na21 tional evaluation, the Secretary shall submit an in22 terim report outlining first year implementation ac23 tivities to the Committees on Education and the 

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1 cation, Labor, and Pensions and Appropriations of 

2 the Senate. 

3 ‘‘(f) QUALITY INITIATIVES.—The Secretary, through 

4 grants or contracts, shall provide funds for the following 

5 activities: 

6 ‘‘(1) TECHNICAL ASSISTANCE.—A joint public 

7 and private partnership that receives matching funds 

8 from private organizations, in order to assist States, 

9 local educational agencies, and schools in making in10 formed decisions when approving or selecting pro11 viders of comprehensive school reform, consistent with 

12 the requirements described in subsection (d)(3). 

13 ‘‘(2) OTHER ACTIVITIES.—Other activities 

14 that— 

15 ‘‘(A) encourage the development of com16 prehensive reform models; 

17 ‘‘(B) build the capacity of comprehensive 

18 school reform providers to increase the number of 

19 schools the providers can serve; and 

20 ‘‘(C) ensure that schools served receive high 

21 quality services that meet the needs of their 

22 teachers and students.’’. 


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1 PART G—RURAL EDUCATION FLEXIBILITY AND 

2 ASSISTANCE 

3 SEC. 171. RURAL EDUCATION. 

4 Title I is amended by adding at the end the following 

5 new part: 

6 ‘‘PART G—RURAL EDUCATION FLEXIBILITY AND 

7 ASSISTANCE 

8 ‘‘SEC. 1701. SHORT TITLE. 

9 ‘‘This part may be cited as the ‘Rural Education Ini10 tiative Act’. 

11 ‘‘SEC. 1702. FINDINGS. 

12 ‘‘Congress finds the following: 

13 ‘‘(1) While there are rural education initiatives 

14 identified at the State and local level, no Federal edu15 cation policy focuses on the specific and unique needs 

16 of rural school districts and schools. 

17 ‘‘(2) Small school districts often cannot use Fed18 eral grant funds distributed by formula because the 

19 formula allocation does not provide enough revenue to 

20 carry out the program the grant is intended to fund. 

21 ‘‘(3) Rural schools often cannot compete for Fed22 eral funding distributed by competitive grants because 

23 the schools lack the personnel needed to prepare grant 

24 applications and the resources to hire specialists in 

25 the writing of Federal grant proposals. 


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1 ‘‘(4) A critical problem for rural school districts 

2 involves the hiring and retention of qualified admin3 istrators and certified teachers (especially in reading, 

4 science, and mathematics). As a result, teachers in 

5 rural schools are almost twice as likely to provide in6 struction in three or more subject areas than teachers 

7 in urban schools. Rural schools also face other tough 

8 challenges, such as shrinking local tax bases, high 

9 transportation costs, aging buildings, limited course 

10 offerings, and limited resources. 

11 ‘‘Subpart 1—Rural Education Flexibility 

12 ‘‘SEC. 1711. FORMULA GRANT PROGRAM AUTHORIZED. 

13 ‘‘(a) ALTERNATIVE USES.— 

14 ‘‘(1) IN GENERAL.—Notwithstanding any other 

15 provision of law, an eligible local educational agency 

16 may use the applicable funding, that the agency is el17 igible to receive from the State educational agency for 

18 a fiscal year, to carry out local activities authorized 

19 in part A of title I, part A of title II, part A of title 

20 III, part A of title IV, or part A or B of title V. 

21 ‘‘(2) NOTIFICATION.—An eligible local edu22 cational agency shall notify the State educational 

23 agency of the local educational agency’s intention to 

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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.— 

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

5 shall be eligible to use the applicable funding in ac6 cordance with subsection (a) if— 

7 ‘‘(A)(i) the total number of students in aver8 age daily attendance at all of the schools served 

9 by the local educational agency is less than 600; 

10 and 

11 ‘‘(ii) all of the schools served by the local 

12 educational agency are designated with a school 

13 locale code of 7 or 8 as determined by the Sec14 retary of Education; or 

15 ‘‘(B) the agency meets the criteria estab16 lished in subparagraph (A)(i) and the Secretary, 

17 in accordance with paragraph (2), grants the 

18 local educational agency’s request to waive the 

19 criteria described in subparagraph (A)(ii). 

20 ‘‘(2) CERTIFICATION.—The Secretary shall deter21 mine whether or not to waive the criteria described in 

22 paragraph (1)(A)(ii) based on a demonstration by a 

23 local educational agency and concurrence by the State 

24 educational agency that the local educational agency 


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1 is located in an area defined as rural by a govern2 mental agency of the State. 

3 ‘‘(c) APPLICABLE FUNDING.—In this section, the term 

4 ‘applicable funding’ means funds provided under part A 

5 of title II, section 3106, part A of title IV, part A of title 

6 V, and section 5212(2)(A). 

7 ‘‘(d) DISBURSEMENT.—Each State educational agency 

8 that receives applicable funding for a fiscal year shall dis9 burse the applicable funding to local educational agencies 

10 for alternative uses under this section for the fiscal year 

11 at the same time that the State educational agency dis12 burses the applicable funding to local educational agencies 

13 that do not intend to use the applicable funding for such 

14 alternative uses for the fiscal year. 

15 ‘‘(e) SUPPLEMENT NOT SUPPLANT.—Funds used 

16 under this section shall be used to supplement and not sup17 plant any other Federal, State, or local education funds 

18 that would otherwise be available for the purpose of this 

19 subpart. 

20 ‘‘(f) APPLICABLE RULE.—Except as otherwise pro21 vided in this subpart, funds transferred under this subpart 

22 are subject to each of the rules and requirements applicable 

23 to the funds allocated by the Secretary under the provision 

24 to which the transferred funds are transferred. 


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1 ‘‘SEC. 1712. PROGRAM AUTHORIZED. 

2 ‘‘(a) IN GENERAL.—The Secretary is authorized to 

3 award grants to eligible local educational agencies under 

4 section 1711(b) to enable the local educational agencies to 

5 support local or statewide education reform efforts intended 

6 to improve the academic achievement of elementary school 

7 and secondary school students and the quality of instruction 

8 provided for the students. 

9 ‘‘(b) ALLOCATION.— 

10 ‘‘(1) IN GENERAL.—Except as provided in para11 graph (3), the Secretary shall award a grant to an 

12 eligible local educational agency under section 

13 1711(b) for a fiscal year in an amount equal to the 

14 initial amount determined under paragraph (2) for 

15 the fiscal year minus the total amount received under 

16 the provisions of law described under section 1711(c) 

17 for the preceding fiscal year. 

18 ‘‘(2) DETERMINATION OF THE INITIAL

19 AMOUNT.—The initial amount referred to in para20 graph (1) is equal to $100 multiplied by the total 

21 number of students, over 50 students, in average daily 

22 attendance in such eligible agency plus $20,000, ex23 cept that the initial amount may not exceed $60,000. 

24 ‘‘(3) RATABLE ADJUSTMENT.— 

25 ‘‘(A) IN GENERAL.—If the amount made 

26 available for this subpart for any fiscal year is 


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1 not sufficient to pay in full the amounts that 

2 local educational agencies are eligible to receive 

3 under paragraph (1) for such year, the Secretary 

4 shall ratably reduce such amounts for such year. 

5 ‘‘(B) ADDITIONAL AMOUNTS.—If additional 

6 funds become available for making payments 

7 under paragraph (1) for such fiscal year, pay8 ments that were reduced under subparagraph (A) 

9 shall be increased on the same basis as such pay10 ments were reduced. 

11 ‘‘(4) CENSUS DETERMINATION.— 

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

13 agency desiring a grant under this section shall 

14 conduct a census not later than December 1 of 

15 each year to determine the number of kinder16 garten through grade 12 students in average 

17 daily attendance at the schools served by the 

18 local educational agency. 

19 ‘‘(B) SUBMISSION.—Each local educational 

20 agency shall submit the number described in sub21 paragraph (A) to the Secretary not later than 

22 March 1 of each year. 

23 ‘‘(c) DISBURSAL.—The Secretary shall disburse the 

24 funds awarded to a local educational agency under this sec25 tion for a fiscal year not later than July 1 of that year. 


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1 ‘‘(d) SPECIAL RULE.—A local educational agency that 

2 is eligible to receive a grant under this subpart for a fiscal 

3 year shall be ineligible to receive funds for such fiscal year 

4 under subpart 2. 

5 ‘‘(e) SUPPLEMENT NOT SUPPLANT.—Funds made 

6 available under this section shall be used to supplement and 

7 not supplant any other Federal, State, or local education 

8 funds. 

9 ‘‘SEC. 1713. ACCOUNTABILITY. 

10 ‘‘(a) ACADEMIC ACHIEVEMENT.— 

11 ‘‘(1) IN GENERAL.—Each local educational agen12 cy that uses or receives funds under section 1711 or 

13 1712 for a fiscal year shall administer an assessment 

14 consistent with section 1111. 

15 ‘‘(2) SPECIAL RULE.—Each local educational 

16 agency that uses or receives funds under section 1711 

17 or 1712 shall use the same assessment described in 

18 paragraph (1) for each year of participation in the 

19 program under such section. 

20 ‘‘(b) STATE EDUCATIONAL AGENCY DETERMINATION

21 REGARDING CONTINUING PARTICIPATION.—Each State 

22 educational agency that receives funding under the provi23 sions of law described in section 1711(c) shall— 

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1 tion 1711 or 1712 and on the basis of the results of 

2 the assessments described in subsection (a), determine 

3 whether the schools served by the local educational 

4 agency participating in the program performed in ac5 cordance with section 1111; and 

6 ‘‘(2) only permit those local educational agencies 

7 that so participated and make adequate yearly 

8 progress, as described in section 1111(b)(2), to con9 tinue to so participate. 

10 ‘‘Subpart 2—Rural Education Assistance 

11 ‘‘SEC. 1721. PROGRAM AUTHORIZED. 

12 ‘‘(a) RESERVATIONS.—From amounts appropriated 

13 under section 1002(f) for this subpart for a fiscal year, the 

Secretary shall reserve 1 14 ⁄2 of 1 percent to make awards to 

15 elementary or secondary schools operated or supported by 

16 the Bureau of Indian Affairs to carry out the purpose of 

17 this subpart. 

18 ‘‘(b) GRANTS TO STATES.— 

19 ‘‘(1) IN GENERAL.—From amounts appropriated 

20 under section 1002(f) for this subpart that are not re21 served under subsection (a), the Secretary shall award 

22 grants for a fiscal year to State educational agencies 

23 that have applications approved under section 1723 

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1 grants to eligible local educational agencies for local 

2 authorized activities described in subsection (c)(2). 

3 ‘‘(2) ALLOCATION.—From amounts appropriated 

4 for this subpart, the Secretary shall allocate to each 

5 State educational agency for a fiscal year an amount 

6 that bears the same ratio to the amount of funds ap7 propriated under section 1002(f) for this subpart that 

8 are not reserved under subsection (a) as the number 

9 of students in average daily attendance served by eli10 gible local educational agencies in the State bears to 

11 the number of all such students served by eligible local 

12 educational agencies in all States for that fiscal year. 

13 ‘‘(3) DIRECT AWARDS TO SPECIALLY QUALIFIED

14 AGENCIES.— 

15 ‘‘(A) NONPARTICIPATING STATE.—If a State 

16 educational agency elects not to participate in 

17 the program under this subpart or does not have 

18 an application approved under section 1723 a 

19 specially qualified agency in such State desiring 

20 a grant under this subpart shall submit an ap21 plication under such section directly to the Sec22 retary to receive an award under this subpart. 

23 ‘‘(B) DIRECT AWARDS TO SPECIALLY QUALI24 FIED AGENCIES.—The Secretary may award, on 

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1 cational agency is eligible to receive under para2 graph (2) directly to specially qualified agencies 

3 in the State. 

4 ‘‘(c) LOCAL AWARDS.— 

5 ‘‘(1) ELIGIBILITY.—A local educational agency 

6 shall be eligible to receive funds under this subpart 

7 if— 

8 ‘‘(A) 20 percent or more of the children aged 

9 5 to 17, inclusive, served by the local educational 

10 agency are from families with incomes below the 

11 poverty line; and 

12 ‘‘(B) all of the schools served by the agency 

13 are designated with a school code of 6, 7, or 8 

14 as determined by the Secretary of Education. 

15 ‘‘(2) USES OF FUNDS.—Grant funds awarded to 

16 local educational agencies or made available to 

17 schools under this subpart shall be used for— 

18 ‘‘(A) teacher recruitment and retention, in19 cluding the use of signing bonuses and other fi20 nancial incentives; 

21 ‘‘(B) teacher professional development, in22 cluding programs that train teachers to utilize 

23 technology to improve teaching and to train spe24 cial needs teachers; 


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1 ‘‘(C) educational technology, including soft2 ware and hardware as described in part B of 

3 title V; 

4 ‘‘(D) parental involvement activities; or 

5 ‘‘(E) programs to improve student academic 

6 achievement. 

7 ‘‘SEC. 1722. STATE DISTRIBUTION OF FUNDS. 

8 ‘‘(a) AWARD BASIS.—A State educational agency shall 

9 award grants to eligible local educational agencies— 

10 ‘‘(1) on a competitive basis; or 

11 ‘‘(2) according to a formula based on the number 

12 of students in average daily attendance served by the 

13 eligible local educational agencies or schools (as ap14 propriate) in the State, as determined by the State. 

15 ‘‘(b) ADMINISTRATIVE COSTS.—A State educational 

16 agency receiving a grant under this subpart may not use 

17 more than 5 percent of the amount of the grant for State 

18 administrative costs. 

19 ‘‘SEC. 1723. APPLICATIONS. 

20 ‘‘Each State educational agency and specially quali21 fied agency desiring to receive a grant under this subpart 

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

23 in such manner, and accompanied by such information as 

24 the Secretary may require. Such application shall include 

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1 creased student academic achievement, decreased student 

2 dropout rates, or such other factors that the State edu3 cational agency or specially qualified agency may choose 

4 to measure. 

5 ‘‘SEC. 1724. REPORTS. 

6 ‘‘(a) STATE REPORTS.—Each State educational agen7 cy that receives a grant under this subpart shall provide 

8 an annual report to the Secretary. The report shall de9 scribe— 

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

11 used to award grants to eligible local educational 

12 agencies and to provide assistance to schools under 

13 this subpart; 

14 ‘‘(2) how local educational agencies and schools 

15 used funds provided under this subpart; and 

16 ‘‘(3) the degree to which progress has been made 

17 toward meeting the goals and objectives described in 

18 the application submitted under section 1723. 

19 ‘‘(b) SPECIALLY QUALIFIED AGENCY REPORT.—Each 

20 specially qualified agency that receives a grant under this 

21 subpart shall provide an annual report to the Secretary. 

22 Such report shall describe— 

23 ‘‘(1) how such agency uses funds provided under 

24 this subpart; and 


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1 ‘‘(2) the degree to which progress has been made 

2 toward meeting the goals and objectives described in 

3 the application submitted under section 1723. 

4 ‘‘(c) REPORT TO CONGRESS.—The Secretary shall pre5 pare and submit to the Committee on Education and the 

6 Workforce for the House of Representatives and the Com7 mittee on Health, Education, Labor, and Pensions for the 

8 Senate an annual report. The report shall describe— 

9 ‘‘(1) the methods the State educational agency 

10 used to award grants to eligible local educational 

11 agencies and to provide assistance to schools under 

12 this subpart; 

13 ‘‘(2) how eligible local educational agencies and 

14 schools used funds provided under this subpart; and 

15 ‘‘(3) progress made in meeting specific measur16 able educational goals and objectives. 

17 ‘‘SEC. 1725. PERFORMANCE REVIEW. 

18 ‘‘Three years after a State educational agency or spe19 cially qualified agency receives funds under this part, the 

20 Secretary shall review the progress of such agency toward 

21 achieving the goals and objectives included in its applica22 tion, to determine whether the agency has made progress 

23 toward meeting such goals and objectives. To review the per24 formance of each agency, the Secretary shall— 


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1 ‘‘(1) review the use of funds of such agency under 

2 section 1721(c)(2); and 

3 ‘‘(2) deny the provision of additional funds in 

4 subsequent fiscal years to an agency only if the Sec5 retary determines, after notice and an opportunity for 

6 a hearing, that the agency’s use of funds has been in7 adequate to justify continuation of such funding. 

8 ‘‘SEC. 1726. DEFINITIONS. 

9 ‘‘In this subpart— 

10 ‘‘(1) The term ‘poverty line’ means the poverty 

11 line (as defined by the Office of Management and 

12 Budget, and revised annually in accordance with sec13 tion 673(2) of the Community Services Block Grant 

14 Act (42 U.S.C. 9902(2))) applicable to a family of the 

15 size involved. 

16 ‘‘(2) The term ‘specially qualified agency’ means 

17 an eligible local educational agency, located in a 

18 State that does not participate in a program under 

19 this subpart in a fiscal year, that may apply directly 

20 to the Secretary for a grant in such year under sec21 tion 1721(b)(3)(A). 


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1 ‘‘Subpart 3—General Provisions 

2 ‘‘SEC. 1731. DEFINITION. 

3 ‘‘In this part, the term ‘State’ means each of the 50 

4 States, the District of Columbia, and the Commonwealth 

5 of Puerto Rico.’’. 

6 PART H—GENERAL PROVISIONS OF TITLE I 

7 SEC. 181. GENERAL PROVISIONS. 

8 Title I is amended further by adding at the end the 

9 following: 

10 ‘‘PART H—GENERAL PROVISIONS 

11 ‘‘SEC. 1801. FEDERAL REGULATIONS. 

12 ‘‘(a) IN GENERAL.—The Secretary is authorized to 

13 issue such regulations as are necessary to ensure reasonable 

14 compliance with this title. 

15 ‘‘(b) NEGOTIATED RULEMAKING PROCESS.— 

16 ‘‘(1) IN GENERAL.—Prior to publishing in the 

17 Federal Register proposed regulations to carry out 

18 this title, the Secretary shall obtain the advice and 

19 recommendations of representatives of Federal, State, 

20 and local administrators, parents, teachers, para21 professionals, and members of local boards of edu22 cation involved with the implementation and oper23 ation of programs under this title. 

24 ‘‘(2) MEETINGS AND ELECTRONIC EXCHANGE.— 

25 Such advice and recommendation may be obtained 


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1 through such mechanisms as regional meetings and 

2 electronic exchanges of information. 

3 ‘‘(3) PROPOSED REGULATIONS.—After obtaining 

4 such advice and recommendations, and prior to pub5 lishing proposed regulations, the Secretary shall— 

6 ‘‘(A) establish a negotiated rulemaking 

7 process on a minimum of three key issues, in8 cluding— 

9 ‘‘(i) accountability; 

10 ‘‘(ii) implementation of assessments; 

11 and 

12 ‘‘(iii) use of paraprofessionals; 

13 ‘‘(B) select individuals to participate in 

14 such process from among individuals or groups 

15 which provided advice and recommendations, in16 cluding representation from all geographic re17 gions of the United States; and 

18 ‘‘(C) prepare a draft of proposed regulations 

19 that shall be provided to the individuals selected 

20 by the Secretary under subparagraph (B) not 

21 less than 15 days prior to the first meeting 

22 under such process. 

23 ‘‘(4) PROCESS.—Such process— 

24 ‘‘(A) shall be conducted in a timely manner 

25 to ensure that final regulations are issued by the 


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1 Secretary not later than 1 year after the date of 

2 the enactment of the No Child Left Behind Act 

3 of 2001; and 

4 ‘‘(B) shall not be subject to the Federal Ad5 visory Committee Act but shall otherwise follow 

6 the provisions of the Negotiated Rulemaking Act 

7 of 1990 (5 U.S.C. 561 et seq.). 

8 ‘‘(5) EMERGENCY SITUATION.—In an emergency 

9 situation in which regulations to carry out this title 

10 must be issued within a very limited time to assist 

11 State and local educational agencies with the oper12 ation of a program under this title, the Secretary 

13 may issue proposed regulations without following 

14 such process but shall, immediately thereafter and 

15 prior to issuing final regulations, conduct regional 

16 meetings to review such proposed regulations. 

17 ‘‘(c) LIMITATION.—Regulations to carry out this part 

18 may not require local programs to follow a particular in19 structional model, such as the provision of services outside 

20 the regular classroom or school program. 

21 ‘‘SEC. 1802. AGREEMENTS AND RECORDS. 

22 ‘‘(a) AGREEMENTS.—All published proposed regula23 tions shall conform to agreements that result from nego24 tiated rulemaking described in section 1801 unless the Sec25 retary reopens the negotiated rulemaking process or proVerDate Mar 15 2010 15:07 Jun 10, 2011 Jkt 223001 PO 00000 Frm 00318 Fmt 6652 Sfmt 6203 E:\ERIC\H1.RH2 H1

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1 vides a written explanation to the participants involved in 

2 the process explaining why the Secretary decided to depart 

3 from and not adhere to such agreements. 

4 ‘‘(b) RECORDS.—The Secretary shall ensure that an 

5 accurate and reliable record of agreements reached during 

6 the negotiations process is maintained. 

7 ‘‘SEC. 1803. STATE ADMINISTRATION. 

8 ‘‘(a) RULEMAKING.— 

9 ‘‘(1) IN GENERAL.—Each State that receives 

10 funds under this title shall— 

11 ‘‘(A) ensure that any State rules, regula12 tions, and policies relating to this title conform 

13 to the purposes of this title and provide any such 

14 proposed rules, regulations, and policies to the 

15 committee of practitioners under subsection (b) 

16 for their review and comment; 

17 ‘‘(B) minimize such rules, regulations, and 

18 policies to which their local educational agencies 

19 and schools are subject; 

20 ‘‘(C) eliminate or modify State and local 

21 fiscal accounting requirements in order to facili22 tate the ability of schools to consolidate funds 

23 under schoolwide programs; and 

24 ‘‘(D) identify any such rule, regulation, or 

25 policy as a State-imposed requirement. 


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1 ‘‘(2) SUPPORT AND FACILITATION.—State rules, 

2 regulations, and policies under this title shall support 

3 and facilitate local educational agency and school4 level systemic reform designed to enable all children 

5 to meet the challenging State student academic 

6 achievement standards. 

7 ‘‘(b) COMMITTEE OF PRACTITIONERS.— 

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

9 agency shall create a State committee of practitioners 

10 to advise the State in carrying out its responsibilities 

11 under this title. 

12 ‘‘(2) MEMBERSHIP.—Each such committee shall 

13 include— 

14 ‘‘(A) as a majority of its members, rep15 resentatives from local educational agencies; 

16 ‘‘(B) administrators, including the admin17 istrators of programs described in other parts of 

18 this title; 

19 ‘‘(C) teachers, including vocational edu20 cators; 

21 ‘‘(D) parents; 

22 ‘‘(E) members of local boards of education; 

23 ‘‘(F) representatives of private school chil24 dren; and 

25 ‘‘(G) pupil services personnel. 


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1 ‘‘(3) DUTIES.—The duties of such committee 

2 shall include a review, prior to publication, of any 

3 proposed or final State rule or regulation pursuant to 

4 this title. In an emergency situation where such rule 

5 or regulation must be issued within a very limited 

6 time to assist local educational agencies with the op7 eration of the program under this title, the State edu8 cational agency may issue a regulation without prior 

9 consultation, but shall immediately thereafter convene 

10 the State committee of practitioners to review the 

11 emergency regulation prior to issuance in final form. 

12 ‘‘SEC. 1804. LOCAL ADMINISTRATIVE COST LIMITATION. 

13 ‘‘(a) LOCAL ADMINISTRATIVE COST LIMITATION.— 

14 Each local educational agency may use not more than 4 

15 percent of funds received under part A for administrative 

16 expenses. 

17 ‘‘(b) REGULATIONS.—The Secretary, after consulting 

18 with State and local officials and other experts in school 

19 finance, shall develop and issue regulations that define the 

20 term administrative cost for purposes of this title. Such def21 inition shall be consistent with generally accepted account22 ing principles. The Secretary shall publish final regulations 

23 on this section not later than 1 year after the date of the 

24 enactment of the No Child Left Behind Act of 2001. 


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1 ‘‘SEC. 1805. APPLICABILITY. 

2 ‘‘Nothing in this title shall be construed to affect home 

3 schools nor shall any home schooled student be required to 

4 participate in any assessment referenced in this title. 

5 ‘‘SEC. 1806. PRIVATE SCHOOLS. 

6 ‘‘Nothing in this title shall be construed to affect any 

7 private school that does not receive funds or services under 

8 this title, nor shall any student who attends a private school 

9 that does not receive funds or services under this title be 

10 required to participate in any assessment referenced in this 

11 title. 

12 ‘‘SEC. 1807. PRIVACY OF ASSESSMENT RESULTS. 

13 ‘‘Any results from individual assessments referenced in 

14 this title which become part of the education records of the 

15 student shall have the protections as provided in section 444 

16 of the General Education Provisions Act.’’. 

17 TITLE II—PREPARING, TRAIN18 ING, AND RECRUITING QUAL19 ITY TEACHERS 

20 SEC. 201. TEACHER QUALITY TRAINING AND RECRUITING 

21 FUND. 

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

23 as follows: 


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1 ‘‘TITLE II—PREPARING, TRAIN2 ING, AND RECRUITING QUAL3 ITY TEACHERS 

4 ‘‘PART A—TEACHER QUALITY TRAINING AND 

5 RECRUITING FUND 

6 ‘‘SEC. 2001. PURPOSE. 

7 ‘‘The purpose of this part is to provide grants to States 

8 and local educational agencies in order to assist their efforts 

9 to increase student academic achievement through such 

10 strategies as improving teacher and principal quality and 

11 increasing the number of highly qualified teachers in the 

12 classroom. 

13 ‘‘Subpart 1—Grants to States to Prepare, Train, and 

14 Recruit Qualified Teachers 

15 ‘‘SEC. 2011. FORMULA GRANTS TO STATES. 

16 ‘‘(a) IN GENERAL.—In the case of each State that in 

17 accordance with section 2013 submits to the Secretary an 

18 application for a fiscal year, the Secretary shall make a 

19 grant for the year to the State for the uses specified in sec20 tion 2012. The grant shall consist of the allotment deter21 mined for the State under subsection (b). 

22 ‘‘(b) DETERMINATION OF AMOUNT OF ALLOTMENTS.— 

23 ‘‘(1) RESERVATION OF FUNDS.—From the 

24 amount made available to carry out this subpart for 

25 any fiscal year, the Secretary shall reserve— 


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‘‘(A) 1 1 ⁄2 of 1 percent for allotments for the 

2 Virgin Islands, Guam, American Samoa, and 

3 the Commonwealth of the Northern Mariana Is4 lands, to be distributed among these outlying 

5 areas on the basis of their relative need, as deter6 mined by the Secretary in accordance with the 

7 purpose of this part; and 

‘‘(B) 1 8 ⁄2 of 1 percent for the Secretary of the 

9 Interior for programs under this subpart for pro10 fessional development activities for teachers, 

11 other staff, and administrators in schools oper12 ated or funded by the Bureau of Indian Affairs. 

13 ‘‘(2) STATE ALLOTMENTS.— 

14 ‘‘(A) HOLD HARMLESS.— 

15 ‘‘(i) IN GENERAL.—Subject to subpara16 graph (B), from the total amount made 

17 available to carry out this subpart for any 

18 fiscal year and not reserved under para19 graph (1), the Secretary shall allot to each 

20 of the 50 States, the District of Columbia, 

21 and the Commonwealth of Puerto Rico an 

22 amount equal to the total amount that such 

23 State received for fiscal year 2001 under— 

24 ‘‘(I) section 2202(b) of this Act 

25 (as in effect on the day before the date 


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1 of the enactment of the No Child Left 

2 Behind Act of 2001); and 

3 ‘‘(II) section 306 of the Depart4 ment of Education Appropriations Act, 

5 2001 (as enacted into law by section 

6 1(a)(1) of Public Law 106–554). 

7 ‘‘(ii) NONPARTICIPATING STATES.—In 

8 the case of a State that did not receive any 

9 funds for fiscal year 2001 under one or both 

10 of the provisions referred to in subclauses 

11 (I) and (II) of clause (i), the amount allot12 ted to the State under such clause shall be 

13 the total amount that the State would have 

14 received for fiscal year 2001 if it had elected 

15 to participate in all of the programs for 

16 which it was eligible under each of the pro17 visions referred to in such subclauses. 

18 ‘‘(iii) RATABLE REDUCTION.—If the 

19 total amount made available to carry out 

20 this subpart for any fiscal year and not re21 served under paragraph (1) is insufficient 

22 to pay the full amounts that all States are 

23 eligible to receive under clause (i) for any 

24 fiscal year, the Secretary shall ratably re25 duce such amounts for such fiscal year. 


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1 ‘‘(B) ALLOTMENT OF ADDITIONAL FUNDS.— 

2 ‘‘(i) IN GENERAL.—Subject to clause 

3 (ii), for any fiscal year for which the total 

4 amount made available to carry out this 

5 subpart and not reserved under paragraph 

6 (1) exceeds the total amount required to 

7 make allotments under subparagraph (A), 

8 the Secretary shall allot such excess amount 

9 among the 50 States, the District of Colum10 bia, and the Commonwealth of Puerto Rico 

11 as follows: 

12 ‘‘(I) 50 percent of such excess 

13 amount shall be allotted among such 

14 States on the basis of their relative 

15 populations of individuals aged 5 

16 through 17, as determined by the Sec17 retary on the basis of the most recent 

18 satisfactory data. 

19 ‘‘(II) 50 percent of such excess 

20 amount shall be allotted among such 

21 States in proportion to the number of 

22 children, aged 5 to 17, who reside 

23 within the State from families with in24 comes below the poverty line (as de25 fined by the Office of Management and 


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1 Budget and revised annually in ac2 cordance with section 673(2) of the 

3 Community Services Block Grant Act 

4 (42 U.S.C. 9902(2)) applicable to a 

5 family of the size involved for the most 

6 recent fiscal year for which satisfactory 

7 data are available, compared to the 

8 number of such individuals who reside 

9 in all such States for that fiscal year. 

10 ‘‘(ii) EXCEPTION.—No State receiving 

11 an allotment under clause (i) may receive 

less than 1 12 ⁄2 of 1 percent of the total excess 

13 amount allotted under such clause. 

14 ‘‘(3) REALLOTMENT.—If any State does not 

15 apply for an allotment under this subsection for any 

16 fiscal year, the Secretary shall reallot such amount to 

17 the remaining States in accordance with this sub18 section. 

19 ‘‘SEC. 2012. WITHIN-STATE ALLOCATIONS. 

20 ‘‘(a) USE OF FUNDS.—Each State receiving a grant 

21 under this subpart shall use the funds provided under the 

22 grant in accordance with this section to carry out activities 

23 for the improvement of teaching and learning. 

24 ‘‘(b) RESERVATION OF FUNDS.— 


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1 ‘‘(1) IN GENERAL.—A State that receives a grant 

2 under this subpart may reserve not more than 5 per3 cent of the amount of the funds provided under the 

4 grant for— 

5 ‘‘(A) one or more of the authorized State ac6 tivities described in subsection (e); and 

7 ‘‘(B) planning and administration related 

8 to carrying out such activities and making sub9 grants to local educational agencies under sub10 parts 2 and 3. 

11 ‘‘(2) LIMITATION ON ADMINISTRATIVE COSTS.— 

12 The amount reserved by a State under paragraph 

13 (1)(B) may not exceed 1 percent of the amount of the 

14 funds provided under the grant. 

15 ‘‘(c) SUBGRANTS TO LOCAL EDUCATIONAL AGEN16 CIES.— 

17 ‘‘(1) IN GENERAL.—The Secretary may make a 

18 grant to a State under this subpart only if the State 

19 agrees to distribute the funds described in this sub20 section as subgrants to local educational agencies 

21 under subpart 3. 

22 ‘‘(2) HOLD HARMLESS.— 

23 ‘‘(A) IN GENERAL.—From the funds that a 

24 State receives under this subpart for any fiscal 

25 year that are not reserved under subsection (b), 


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1 the State shall allot to each local educational 

2 agency an amount equal to the total amount that 

3 such agency received for fiscal year 2001 

4 under— 

5 ‘‘(i) section 2203(1)(B) of this Act (as 

6 in effect on the day before the date of the en7 actment of the No Child Left Behind Act of 

8 2001); 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 ‘‘(B) NONPARTICIPATING AGENCIES.—In the 

14 case of a local educational agency that did not 

15 receive any funds for fiscal year 2001 under one 

16 or both of the provisions referred to in clauses (i) 

17 and (ii) of subparagraph (A), the amount allot18 ted to the agency under such subparagraph shall 

19 be the total amount that the agency would have 

20 received for fiscal year 2001 if it had elected to 

21 participate in all of the programs for which it 

22 was eligible under each of the provisions referred 

23 to in such clauses. 

24 ‘‘(C) RATABLE REDUCTION.—If the funds 

25 described in subparagraph (A) are insufficient to 


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1 pay the full amounts that all local educational 

2 agencies are eligible to receive under such sub3 paragraph for any fiscal year, the State shall 

4 ratably reduce such amounts for such fiscal year. 

5 ‘‘(3) ALLOTMENT OF ADDITIONAL FUNDS.— 

6 ‘‘(A) IN GENERAL.—For any fiscal year for 

7 which the funds that a State receives under this 

8 subpart that are not reserved under subsection 

9 (b) exceed the total amount required to make al10 lotments under paragraph (2), the State shall 

11 distribute the amount described in subparagraph 

12 (B) through a formula under which— 

13 ‘‘(i) 20 percent is allocated to local 

14 educational agencies in accordance with the 

15 relative enrollment in public and private 

16 nonprofit elementary and secondary schools 

17 within the boundaries of such agencies; and 

18 ‘‘(ii) 80 percent is allocated to local 

19 educational agencies in proportion to the 

20 number of children, aged 5 to 17, who reside 

21 within the geographic area served by such 

22 agency from families with incomes below 

23 the poverty line (as defined by the Office of 

24 Management and Budget and revised annu25 ally in accordance with section 673(2) of 


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1 the Community Services Block Grant Act 

2 (42 U.S.C. 9902(2))) applicable to a family 

3 of the size involved for the most recent fiscal 

4 year for which satisfactory data are avail5 able, compared to the number of such indi6 viduals who reside in the geographic areas 

7 served by all the local educational agencies 

8 in the State for that fiscal year. 

9 ‘‘(B) CALCULATION OF AMOUNT.— 

10 ‘‘(i) IN GENERAL.—The amount de11 scribed in this subparagraph for a State for 

12 any fiscal year is the base amount for such 

13 State and year, plus any additional 

14 amount for such State and year. 

15 ‘‘(ii) BASE AMOUNT.—For purposes of 

16 this subparagraph, the term ‘base amount’ 

17 means 50 percent of the funds that remain 

18 to a State after a State makes the reserva19 tions described in subsection (b) and the al20 lotments described in paragraph (2). 

21 ‘‘(iii) ADDITIONAL AMOUNT.—For pur22 poses of this subparagraph, the term ‘addi23 tional amount’ means the amount (if any) 

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1 ceeds the maximum amount described in 

2 subsection (d)(2)(B). 

3 ‘‘(d) MATH AND SCIENCE PARTNERSHIPS.— 

4 ‘‘(1) IN GENERAL.—The Secretary may make a 

5 grant to a State under this subpart only if the State 

6 agrees to distribute the amount described in para7 graph (2) through a competitive subgrant process in 

8 accordance with subpart 2. 

9 ‘‘(2) AMOUNT DESCRIBED.— 

10 ‘‘(A) IN GENERAL.—The amount described 

11 in this paragraph for a State for any fiscal year 

12 is 50 percent of the funds that the State receives 

13 under this subpart for the year that remain after 

14 the State makes the reservations described in 

15 subsection (b) and the allotments described in 

16 subsection (c)(2). 

17 ‘‘(B) LIMITATION.—In no case may the 

18 amount described in this paragraph exceed a 

19 maximum amount calculated by multiplying the 

20 total amount of the funds that a State receives 

21 under this subpart for a fiscal year that the 

22 State does not reserve under subsection (b) by a 

23 percentage, selected by the State, that shall be 

24 not less than 15 nor more than 20 percent. 


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1 ‘‘(e) AUTHORIZED STATE ACTIVITIES.—The author2 ized State activities referred to in subsection (b)(1)(A) are 

3 the following: 

4 ‘‘(1) Reforming teacher certification, recertifi5 cation, or licensure requirements to ensure that— 

6 ‘‘(A) teachers have the necessary teaching 

7 skills and academic content knowledge in the 

8 subject areas in which they are assigned to teach; 

9 ‘‘(B) teacher certification, recertification, or 

10 licensure requirements are aligned with the 

11 State’s challenging State academic content 

12 standards; and 

13 ‘‘(C) teachers have the knowledge and skills 

14 necessary to help students meet challenging State 

15 student achievement standards. 

16 ‘‘(2) Carrying out programs that— 

17 ‘‘(A) include support during the initial 

18 teaching or leadership experience, such as men19 toring programs that— 

20 ‘‘(i) provide— 

21 ‘‘(I) mentoring to beginning 

22 teachers from veteran teachers with ex23 pertise in the same subject matter that 

24 the beginning teachers will be teaching; 

25 or 


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1 ‘‘(II) similar mentoring to prin2 cipals or superintendents; 

3 ‘‘(ii) provide mentors time for activi4 ties such as coaching, observing, and assist5 ing the teachers or school leaders who are 

6 mentored; and 

7 ‘‘(iii) use standards or assessments for 

8 guiding beginning teachers that are con9 sistent with the State’s student achievement 

10 standards and with the requirements for 

11 professional development activities under 

12 section 2033; and 

13 ‘‘(B) establish, expand, or improve alter14 native routes to State certification of teachers, 

15 especially in the areas of mathematics and 

16 science, for highly qualified individuals with a 

17 baccalaureate degree, including mid-career pro18 fessionals from other occupations, paraprofes19 sionals, former military personnel, and recent 

20 college or university graduates with records of 

21 academic distinction who demonstrate the poten22 tial to become highly effective teachers. 

23 ‘‘(3) Developing and implementing effective 

24 mechanisms to assist local educational agencies and 


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1 schools in effectively recruiting and retaining highly 

2 qualified and effective teachers and principals. 

3 ‘‘(4) Reforming tenure systems and imple4 menting teacher testing and other procedures to expe5 ditiously remove ineffective teachers from the class6 room. 

7 ‘‘(5) Developing enhanced performance systems 

8 to measure the effectiveness of specific professional de9 velopment programs and strategies. 

10 ‘‘(6) Providing technical assistance to local edu11 cational agencies consistent with this part. 

12 ‘‘(7) Funding projects to promote reciprocity of 

13 teacher certification or licensure between or among 

14 States, except that no reciprocity agreement developed 

15 under this paragraph or developed using funds pro16 vided under this part may lead to the weakening of 

17 any State teaching certification or licensing require18 ment. 

19 ‘‘(8) Developing or assisting local educational 

20 agencies in the development and utilization of proven, 

21 innovative strategies to deliver intensive professional 

22 development programs that are both cost-effective and 

23 easily accessible, such as through the use of technology 

24 and distance learning. 


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1 ‘‘(9) Providing assistance to local educational 

2 agencies for the development and implementation of 

3 innovative professional development programs that 

4 train teachers to use technology to improve teaching 

5 and learning and are consistent with the require6 ments of section 2033. 

7 ‘‘(10) Developing or assisting local educational 

8 agencies in developing merit-based performance sys9 tems, rigorous assessments for teachers, and strategies 

10 which provide differential and bonus pay for teachers 

11 in high-need subject areas such as reading, math, and 

12 science and in high-poverty schools and districts. 

13 ‘‘(11) Providing assistance to local educational 

14 agencies for the development and implementation of 

15 professional development programs for principals that 

16 enable them to be effective school leaders and prepare 

17 all students to achieve challenging State content and 

18 student achievement standards, including the develop19 ment and support of school leadership academies to 

20 help exceptionally talented aspiring or current prin21 cipals and superintendents become outstanding man22 agers and educational leaders. 

23 ‘‘(12) Developing, or assisting local educational 

24 agencies in developing, teacher advancement initia25 tives that promote professional growth and emphasize 


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1 multiple career paths, such as career teacher, mentor 

2 teacher, and master teacher career paths, with pay 

3 differentiation. 

4 ‘‘(f) COORDINATION.—States receiving grants under 

5 section 202 of the Higher Education Act of 1965 shall co6 ordinate the use of such funds with activities carried out 

7 under this section. 

8 ‘‘SEC. 2013. APPLICATIONS BY STATES. 

9 ‘‘(a) IN GENERAL.—To be eligible to receive a grant 

10 under this subpart, a State shall submit an application to 

11 the Secretary at such time, in such manner, and containing 

12 such information as the Secretary may reasonably require. 

13 ‘‘(b) CONTENTS.—Each application under this section 

14 shall include the following: 

15 ‘‘(1) A description of how the State will ensure 

16 that a local educational agency receiving a subgrant 

17 under subpart 3 will comply with the requirements of 

18 such subpart. 

19 ‘‘(2) A description of how the State will use 

20 funds under this part to meet the requirements of sec21 tion 1119(a)(2). 

22 ‘‘(3) A description of how the State will coordi23 nate professional development activities authorized 

24 under this part with professional development activi25 ties provided under other Federal, State, and local 


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1 programs, including those authorized under title I, 

2 part A of title III, parts A and B of title V, and 

3 (where applicable) the Individuals with Disabilities 

4 Education Act and the Carl D. Perkins Vocational 

5 and Technical Education Act. The application shall 

6 also describe the comprehensive strategy that the State 

7 will take as part of such coordination effort, to ensure 

8 that teachers are trained in the utilization of tech9 nology so that technology and its applications are ef10 fectively used in the classroom to improve teaching 

11 and learning in all curriculum and content areas, as 

12 appropriate. 

13 ‘‘(4) A description of how the State will encour14 age the development of proven, innovative strategies to 

15 deliver intensive professional development programs 

16 that are both cost-effective and easily accessible, such 

17 as through the use of technology and distance learn18 ing. 

19 ‘‘(5) A description of how the State will ensure 

20 that local educational agencies will comply with the 

21 requirements under section 2033, especially with re22 spect to ensuring the participation of teachers, prin23 cipals, and parents. 

24 ‘‘(c) APPLICATION APPROVAL.—A State application 

25 submitted to the Secretary under this section shall be 


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1 deemed approved by the Secretary unless the Secretary 

2 makes a written determination, within 90 days after receiv3 ing the application, that the application is in violation of 

4 the provisions of this subpart. The Secretary shall not fi5 nally disapprove a State application except after giving the 

6 State notice and opportunity for a hearing. 

7 ‘‘Subpart 2—Math and Science Partnerships 

8 ‘‘SEC. 2021. PURPOSE. 

9 ‘‘The purpose of this subpart is to improve the achieve10 ment of students in the areas of mathematics and science 

11 by encouraging States, institutions of higher education, and 

12 local educational agencies to participate in programs 

13 that— 

14 ‘‘(1) focus on education and training of mathe15 matics and science teachers that improves teachers’ 

16 knowledge and skills and encourages intellectual 

17 growth; 

18 ‘‘(2) improve mathematics and science teaching 

19 by encouraging institutions of higher education to as20 sume greater responsibility for improving mathe21 matics and science teacher education through the es22 tablishment of a comprehensive, integrated system of 

23 recruiting, training, and advising such teachers; and 

24 ‘‘(3) bring mathematics and science teachers in 

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1 entists, mathematicians, and engineers to increase the 

2 subject matter knowledge of teachers and improve 

3 their teaching skills through the use of sophisticated 

4 laboratory equipment and work space, computing fa5 cilities, libraries, and other resources that institutions 

6 of higher education are better able to provide than the 

7 schools. 

8 ‘‘SEC. 2022. APPLICATION REQUIREMENTS. 

9 ‘‘(a) IN GENERAL.—An eligible partnership seeking to 

10 receive a subgrant from a State under this subpart shall 

11 submit an application to the State at such time, in such 

12 manner, and accompanied by such information as the State 

13 may require. 

14 ‘‘(b) PARTNERSHIP APPLICATION CONTENTS.—Each 

15 such application shall include— 

16 ‘‘(1) an assessment of the teacher quality and 

17 professional development of all the schools and agen18 cies participating in the eligible partnership with re19 spect to the teaching and learning of mathematics 

20 and science; 

21 ‘‘(2) a description of how the activities to be car22 ried out by the eligible partnership will be aligned 

23 with State academic content standards in mathe24 matics and science and with other educational reform 


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1 activities that promote student achievement in mathe2 matics and science; 

3 ‘‘(3) a description of how the activities to be car4 ried out by the eligible partnership will be based on 

5 a review of relevant research, and an explanation of 

6 why the activities are expected to improve student 

7 achievement and to strengthen the quality of mathe8 matics and science instructions; and 

9 ‘‘(4) a description of— 

10 ‘‘(A) how the eligible partnership will carry 

11 out the activities described in section 2023(c); 

12 and 

13 ‘‘(B) the eligible partnership’s evaluation 

14 and accountability plan described in section 

15 2024. 

16 ‘‘SEC. 2023. MATH AND SCIENCE PARTNERSHIP SUBGRANTS. 

17 ‘‘(a) IN GENERAL.—From the amount described in sec18 tion 2012(d), the State educational agency, working in con19 junction with the State agency for higher education (if such 

20 agencies are separate), shall award subgrants on a competi21 tive basis to eligible partnerships to enable such partner22 ships to carry out activities described in subsection (c). 

23 ‘‘(b) DURATION.—The State shall award subgrants 

24 under this subpart for a period of not less than 2 and not 

25 more than 5 years. 


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1 ‘‘(c) AUTHORIZED ACTIVITIES.—A recipient of funds 

2 provided under this subpart may use the funds for the fol3 lowing activities related to elementary or secondary schools: 

4 ‘‘(1) Establishing and operating mathematics 

5 and science summer professional development work6 shops or institutes for elementary and secondary 

7 school teachers that— 

8 ‘‘(A) shall— 

9 ‘‘(i) directly relate to the curriculum 

10 and content areas in which the teacher pro11 vides instruction, and focus only second12 arily on pedagogy; 

13 ‘‘(ii) enhance the ability of a teacher to 

14 understand and use the State’s academic 

15 content standards for mathematics and 

16 science and to select appropriate curricula; 

17 ‘‘(iii) train teachers to use curricula 

18 that are— 

19 ‘‘(I) based on scientific research; 

20 ‘‘(II) aligned with State academic 

21 content standards; and 

22 ‘‘(III) object-centered, experiment23 oriented, and concept- and content24 based; and 


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1 ‘‘(iv) provide supplemental assistance 

2 and follow-up training during the school 

3 year for summer institute graduates; and 

4 ‘‘(B) may include— 

5 ‘‘(i) programs that provide prospective 

6 teachers and novice teachers opportunities 

7 to work under the guidance of experienced 

8 teachers and college faculty; 

9 ‘‘(ii) instruction in the use of data and 

10 assessments to inform and instruct class11 room practice; and 

12 ‘‘(iii) professional development activi13 ties, including supplemental and follow-up 

14 activities, such as curriculum alignment, 

15 distance learning, and activities that train 

16 teachers to utilize technology in the class17 room. 

18 ‘‘(2) Recruiting to the teaching profession— 

19 ‘‘(A) students studying mathematics, engi20 neering, and science; or 

21 ‘‘(B) mathematicians, engineers, and sci22 entists currently working in the field. 

23 ‘‘(3) Establishing and operating programs to 

24 bring teachers into contact with working scientists, 

25 mathematicians, and engineers, to expand teacher 


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1 content knowledge of and research in science and 

2 mathematics. 

3 ‘‘(d) PRIORITY.—In awarding subgrants under this 

4 subpart, States shall give priority to applications seeking 

5 funding for the activity described in subsection (c)(1). 

6 ‘‘(e) COORDINATION.—Partnerships receiving grants 

7 under section 203 of the Higher Education Act of 1965 (20 

8 U.S.C. 1023) shall coordinate the use of such funds with 

9 any related activities carried out by such partnership with 

10 funds made available under this subpart. 

11 ‘‘SEC. 2024. EVALUATION AND ACCOUNTABILITY PLAN. 

12 ‘‘(a) IN GENERAL.—Each eligible partnership receiv13 ing a subgrant under this subpart shall develop an evalua14 tion and accountability plan for activities assisted under 

15 this subpart that includes rigorous performance objectives 

16 that measure the impact of activities funded under this sub17 part. 

18 ‘‘(b) CONTENTS.—The plan— 

19 ‘‘(1) shall include measurable goals to increase 

20 the number of mathematics and science teachers who 

21 participate in content-based professional development 

22 activities; and 

23 ‘‘(2) may include objectives and measures for— 

24 ‘‘(A) improved student achievement on 

25 State mathematics and science assessments; 


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1 ‘‘(B) increased participation by students in 

2 advanced courses in mathematics and science; 

3 ‘‘(C) increased percentages of elementary 

4 school teachers with academic majors or minors, 

5 or group majors or minors, in mathematics, en6 gineering, or the sciences; and 

7 ‘‘(D) increased percentages of secondary 

8 school classes in mathematics and science taught 

9 by teachers with academic majors in mathe10 matics and science, respectively. 

11 ‘‘SEC. 2025. REPORTS; REVOCATION OF SUBGRANTS. 

12 ‘‘(a) REPORTS.—Each eligible partnership receiving a 

13 subgrant under this subpart annually shall report to the 

14 State regarding the eligible partnership’s progress in meet15 ing the performance objectives described in section 2024. 

16 ‘‘(b) REVOCATION.—If the State determines that an el17 igible partnership that receives a subgrant under this sub18 part for 5 years is not making substantial progress in meet19 ing the performance objectives described in section 2024 by 

20 the end of the third year of the subgrant, the subgrant pay21 ments shall not be made for the fourth and fifth years. 

22 ‘‘SEC. 2026. DEFINITIONS. 

23 ‘‘In this subpart: 

24 ‘‘(1) ELIGIBLE PARTNERSHIP.—The term ‘eligi25 ble partnership’ means a partnership that— 


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1 ‘‘(A) shall include— 

2 ‘‘(i) a State educational agency; 

3 ‘‘(ii) a mathematics or science depart4 ment of a private independent institution of 

5 higher education or a State-supported pub6 lic institution of higher education; and 

7 ‘‘(iii) a high need local educational 

8 agency; and 

9 ‘‘(B) may include— 

10 ‘‘(i) another institution of higher edu11 cation or the teacher training department of 

12 such an institution; 

13 ‘‘(ii) additional local educational agen14 cies, public charter schools, public or pri15 vate elementary or secondary schools, or a 

16 consortium of such schools; 

17 ‘‘(iii) a business; or 

18 ‘‘(iv) a nonprofit organization of dem19 onstrated effectiveness, including a museum 

20 or research institution. 

21 ‘‘(2) SUMMER PROFESSIONAL DEVELOPMENT

22 WORKSHOP OR INSTITUTE.—The term ‘summer pro23 fessional development workshop or institute’ means a 

24 workshop or institute that— 


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1 ‘‘(A) is conducted during a period of not 

2 less than 2 weeks; 

3 ‘‘(B) includes as a component a program 

4 that provides direct interaction between students 

5 and faculty; and 

6 ‘‘(C) provides for follow-up training during 

7 the academic year that is conducted in the class8 room for a period of not less than 3 consecutive 

9 or nonconsecutive days, except that— 

10 ‘‘(i) if the workshop or institute is con11 ducted during a two-week period, the follow12 up training shall be conducted for a period 

13 of at least 4 days; and 

14 ‘‘(ii) if the follow-up training is for 

15 teachers in rural school districts, it may be 

16 conducted through distance learning. 

17 ‘‘Subpart 3—Subgrants to Local Educational 

18 Agencies 

19 ‘‘SEC. 2031. LOCAL USE OF FUNDS. 

20 ‘‘(a) IN GENERAL.—Subject to subsection (b), each 

21 local educational agency that receives a subgrant under this 

22 subpart may use the subgrant to carry out the following 

23 activities: 


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1 ‘‘(1) Initiatives to assist in recruiting and hiring 

2 fully qualified teachers who will be assigned teaching 

3 positions within their field, including— 

4 ‘‘(A) providing signing bonuses or other fi5 nancial incentives, such as differential pay, for 

6 teachers to teach in academic subject areas in 

7 which there exists a shortage of such fully quali8 fied teachers within a school or the local edu9 cational agency; 

10 ‘‘(B) establishing programs that— 

11 ‘‘(i) recruit professionals from other 

12 fields and provide such professionals with 

13 alternative routes to teacher certification; 

14 and 

15 ‘‘(ii) provide increased opportunities 

16 for minorities, individuals with disabilities, 

17 and other individuals underrepresented in 

18 the teaching profession; and 

19 ‘‘(C) implementing hiring policies that en20 sure comprehensive recruitment efforts as a way 

21 to expand the applicant pool, such as through 

22 identifying teachers certified through alternative 

23 routes, coupled with a system of intensive screen24 ing designed to hire the most qualified applicant. 


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1 ‘‘(2) Initiatives to promote retention of highly 

2 qualified teachers and principals, particularly within 

3 elementary and secondary schools with a high per4 centage of low-achieving students, including programs 

5 that provide— 

6 ‘‘(A) mentoring to newly hired teachers, 

7 such as from master teachers, or principals or 

8 superintendents; 

9 ‘‘(B) incentives, including financial incen10 tives, to retain teachers who have a record of suc11 cess in helping low-achieving students improve 

12 their academic success; or 

13 ‘‘(C) incentives, including financial incen14 tives, to principals who have a record of improv15 ing the performance of all students, but particu16 larly students from economically disadvantaged 

17 families and students from racial and ethnic mi18 nority groups. 

19 ‘‘(3) Programs and activities that are designed 

20 to improve the quality of the teacher force, such as— 

21 ‘‘(A) innovative professional development 

22 programs (which may be through partnerships 

23 including institutions of higher education), in24 cluding programs that train teachers and prin25 cipals to utilize technology to improve teaching 


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1 and learning, are consistent with the require2 ments of section 2033, and are coordinated with 

3 part B of title V; 

4 ‘‘(B) development and utilization of proven, 

5 cost-effective strategies for the implementation of 

6 professional development activities, such as 

7 through the utilization of technology and dis8 tance learning; 

9 ‘‘(C) tenure reform; 

10 ‘‘(D) merit pay; 

11 ‘‘(E) testing of elementary and secondary 

12 school teachers in the subject areas taught by 

13 such teachers; 

14 ‘‘(F) professional development programs 

15 that provide instruction in how to teach children 

16 with different learning styles, particularly chil17 dren with disabilities and children with special 

18 learning needs (including those who are gifted 

19 and talented); and 

20 ‘‘(G) professional development programs 

21 that provide instruction in methods of improving 

22 student behavior in the classroom and how to 

23 identify early and appropriate interventions to 

24 help children described in subparagraph (F) 

25 learn. 


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1 ‘‘(4) Teacher opportunity payments, consistent 

2 with section 2034. 

3 ‘‘(5) Professional activities designed to improve 

4 the quality of principals and superintendents, includ5 ing the development and support of academies to help 

6 exceptionally talented aspiring or current principals 

7 and superintendents become outstanding managers 

8 and educational leaders. 

9 ‘‘(6) Hiring fully qualified teachers, including 

10 teachers who become fully qualified through State and 

11 local alternative routes, and special education teach12 ers, in order to reduce class size, particularly in the 

13 early grades. 

14 ‘‘(7) Teacher advancement initiatives that pro15 mote professional growth and emphasize multiple ca16 reer paths, such as career teacher, mentor teacher, 

17 and master teacher career paths, with pay differentia18 tion. 

19 ‘‘(b) SPECIAL RULE.— 

20 ‘‘(1) IN GENERAL.—For any fiscal year for 

21 which the amount described in section 2012(d)(2)(A) 

22 for a State is less than 15 percent of the total amount 

23 of the funds that the State receives under this subpart 

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1 ceives a subgrant under this subpart from the State 

2 shall use the funds to comply with paragraph (2). 

3 ‘‘(2) REQUIREMENT.—A local educational agency 

4 required to comply with this paragraph shall use not 

5 less than the amount expended by the agency under 

6 section 2206(b) of this Act (as in effect on the day be7 fore the date of the enactment of the No Child Left Be8 hind Act of 2001), for the fiscal year preceding the 

9 year in which such enactment occurs, to carry out 

10 professional development activities in mathematics 

11 and science. 

12 ‘‘SEC. 2032. LOCAL APPLICATIONS. 

13 ‘‘(a) IN GENERAL.—A local educational agency seeking 

14 to receive a subgrant from a State under this subpart shall 

15 submit an application to the State— 

16 ‘‘(1) at such time as the State shall require; and 

17 ‘‘(2) which is coordinated with other programs 

18 under this Act, or other Acts, as appropriate. 

19 ‘‘(b) LOCAL APPLICATION CONTENTS.—The local ap20 plication described in subsection (a), shall include, at a 

21 minimum, the following: 

22 ‘‘(1) An assurance that the local educational 

23 agency will target funds to schools within the juris24 diction of the local educational agency that— 


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1 ‘‘(A) have the lowest proportion of fully 

2 qualified teachers; 

3 ‘‘(B) have the largest average class size; or 

4 ‘‘(C) are identified for school improvement 

5 under section 1116(b). 

6 ‘‘(2) A description of how the local educational 

7 agency will coordinate professional development ac8 tivities authorized under this subpart with profes9 sional development activities provided through other 

10 Federal, State, and local programs, including those 

11 authorized under title I, part A of title III, parts A 

12 and B of title V, and (where applicable) the Individ13 uals with Disabilities Education Act and the Carl D. 

14 Perkins Vocational and Technical Education Act. 

15 ‘‘(3) A description of how the local educational 

16 agency will integrate funds under this subpart with 

17 funds received under part B of title V that are used 

18 for professional development to train teachers to uti19 lize technology to improve teaching and learning. 

20 ‘‘(4) A description of how the local educational 

21 agency has collaborated with teachers, principals, 

22 parents, and administrators in the preparation of the 

23 application. 


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1 ‘‘SEC. 2033. PROFESSIONAL DEVELOPMENT FOR TEACHERS. 

2 ‘‘(a) REQUIREMENTS FOR PROFESSIONAL DEVELOP3 MENT ACTIVITIES.—Professional development activities 

4 under this subpart shall— 

5 ‘‘(1) meet the requirements of section 1119(a)(2); 

6 ‘‘(2) support professional development activities 

7 that give teachers, principals, and administrators the 

8 knowledge and skills to provide students with the op9 portunity to meet challenging State academic content 

10 standards and student achievement standards; 

11 ‘‘(3) support the recruiting, hiring, and training 

12 of fully qualified teachers, including teachers fully 

13 qualified through State and local alternative routes; 

14 ‘‘(4) advance teacher understanding of effective 

15 instructional strategies based on scientifically based 

16 research for improving student achievement, at a 

17 minimum, in reading or language arts and mathe18 matics; 

19 ‘‘(5) be directly related to the curriculum and 

20 content areas in which the teacher provides instruc21 tion, except that this paragraph shall not apply to 

22 subparagraphs (F) and (G) of section 2031(3); 

23 ‘‘(6) be designed to enhance the ability of a 

24 teacher to understand and use the State’s standards 

25 for the subject area in which the teacher provides in26 struction; 


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1 ‘‘(7) be tied to scientifically based research dem2 onstrating the effectiveness of such professional devel3 opment activities or programs in increasing student 

4 achievement or substantially increasing the knowledge 

5 and teaching skills of teachers; 

6 ‘‘(8) be of sufficient intensity and duration (not 

7 to include 1-day or short-term workshops and con8 ferences) to have a positive and lasting impact on the 

9 teacher’s performance in the classroom; 

10 ‘‘(9) be developed with extensive participation of 

11 teachers, principals, parents, and administrators of 

12 schools to be served under this subpart; 

13 ‘‘(10) be designed to give teachers of limited 

14 English proficient children, and other teachers and 

15 instructional staff, the knowledge and skills to provide 

16 instruction and appropriate language and academic 

17 support services to such children, including the ap18 propriate use of curriculum and assessments; 

19 ‘‘(11) to the extent appropriate, provide training 

20 for teachers and principals in the use of technology so 

21 that technology and its applications are effectively 

22 used in the classroom to improve teaching and learn23 ing in the curriculum and academic content areas in 

24 which the teachers provide instruction; 


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1 ‘‘(12) as a whole, be regularly evaluated for their 

2 impact on increased teacher effectiveness and im3 proved student achievement, with the findings of such 

4 evaluations used to improve the quality of profes5 sional development; and 

6 ‘‘(13) provide instruction in methods of teaching 

7 children with special needs. 

8 ‘‘(b) PROFESSIONAL DEVELOPMENT ACTIVITIES.— 

9 Professional development activities under this subpart may 

10 include— 

11 ‘‘(1) instruction in the use of data and assess12 ments to inform and instruct classroom practice; 

13 ‘‘(2) instruction in ways that teachers, prin14 cipals, pupil services personnel, and school adminis15 trators may work more effectively with parents; 

16 ‘‘(3) the forming of partnerships with institu17 tions of higher education to establish school-based 

18 teacher training programs that provide prospective 

19 teachers and novice teachers with an opportunity to 

20 work under the guidance of experienced teachers and 

21 college faculty; 

22 ‘‘(4) the creation of programs for paraprofes23 sionals (assisting teachers employed by a local edu24 cational agency receiving assistance under this part) 


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1 to obtain the education necessary for such paraprofes2 sionals to become licensed and certified teachers; and 

3 ‘‘(5) activities that provide follow-up training to 

4 teachers who have participated in professional devel5 opment activities which are designed to ensure that 

6 the knowledge and skills learned by the teacher are 

7 implemented in the classroom. 

8 ‘‘(c) ACCOUNTABILITY.— 

9 ‘‘(1) IN GENERAL.—If, after any fiscal year, a 

10 State determines that the programs or activities fund11 ed by a local educational agency fail to meet the re12 quirements of subsection (a), the State shall notify the 

13 agency that— 

14 ‘‘(A) it may be subject to paragraph (2); 

15 and 

16 ‘‘(B) technical assistance is available from 

17 the State to help the agency meet those require18 ments. 

19 ‘‘(2) REQUIREMENT TO PROVIDE TEACHER OP20 PORTUNITY PAYMENTS.—A local educational agency 

21 that has been notified by a State for 2 consecutive 

22 years under paragraph (1) shall expend under section 

23 2034 for the succeeding fiscal year a proportion of the 

24 amount the agency receives under this subpart that is 

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1 ceived under this part for the preceding fiscal year 

2 that the agency used for professional development. 

3 ‘‘SEC. 2034. TEACHER OPPORTUNITY PAYMENTS. 

4 ‘‘(a) IN GENERAL.—A local educational agency receiv5 ing funds under this subpart may (or, in the case of a local 

6 educational agency described in section 2033(c)(2), shall) 

7 provide funds directly to a teacher or a group of teachers 

8 seeking opportunities to participate in a professional devel9 opment activity of their choice that meets the requirements 

10 of section 2033(a) and is selected in consultation with the 

11 principal in order to coordinate such professional develop12 ment with other reform efforts at the school. 

13 ‘‘(b) NOTICE TO TEACHERS.—Local educational agen14 cies distributing funds under this section shall establish and 

15 implement a timely process through which proper notice of 

16 availability of funds will be given to all teachers within 

17 schools identified by the agency and shall develop a process 

18 whereby teachers will have regular consultation with and 

19 be specifically recommended by principals to participate in 

20 such program by virtue of— 

21 ‘‘(1) a teacher not being fully qualified to teach 

22 in the subject or subjects in which they teach; or 

23 ‘‘(2) a teacher’s need for additional assistance to 

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1 ward meeting challenging State academic content 

2 standards and student achievement standards. 

3 ‘‘(c) SELECTION OF TEACHERS.—If adequate funding 

4 is not available to provide payments under this section to 

5 all teachers seeking such assistance or identified as needing 

6 such assistance pursuant to subsection (b), a local edu7 cational agency shall establish procedures for selecting 

8 teachers that give priority to teachers described in para9 graph (1) or (2) of subsection (b). 

10 ‘‘Subpart 4—Mid-Career Transitions to Teaching 

11 ‘‘CHAPTER 1—TROOPS-TO-TEACHERS 

12 PROGRAM 

13 ‘‘SEC. 2041. AUTHORIZATION OF TROOPS-TO-TEACHERS 

14 PROGRAM. 

15 ‘‘(a) PROGRAM AUTHORIZED.—The Secretary may 

16 carry out a program (to be known as the ‘Troops-to-Teach17 ers Program’)— 

18 ‘‘(1) to assist eligible members and former mem19 bers of the Armed Forces described in section 2042 to 

20 obtain certification or licensure as fully qualified ele21 mentary school teachers, secondary school teachers, or 

22 vocational or technical teachers; and 

23 ‘‘(2) to facilitate the employment of such mem24 bers in elementary schools or secondary schools or as 

25 vocational or technical teachers. 


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1 ‘‘(b) ADMINISTRATION OF PROGRAM.—The Secretary 

2 shall enter into a memorandum of agreement with the Sec3 retary of Defense under which the Secretary of Defense, act4 ing through the Defense Activity for Non-Traditional Edu5 cation Support of the Department of Defense, will perform 

6 the actual administration of the Program, other than sec7 tion 2045. Using funds appropriated to the Secretary to 

8 carry out this chapter, the Secretary shall transfer to the 

9 Secretary of Defense such amounts as may be necessary to 

10 administer the Program pursuant to the memorandum of 

11 agreement. 

12 ‘‘(c) INFORMATION REGARDING PROGRAM.—The Sec13 retary shall provide to the Secretary of Defense, for dis14 tribution as part of preseparation counseling provided 

15 under section 1142 of title 10, United States Code, to mem16 bers of the Armed Forces described in section 2042, informa17 tion regarding the Troops-to-Teachers Program and appli18 cations to participate in the program. 

19 ‘‘(d) PLACEMENT ASSISTANCE AND REFERRAL SERV20 ICES.—As part of the Troops-to-Teachers Program, the Sec21 retary may, with the agreement of the Secretary of Defense, 

22 provide placement assistance and referral services regarding 

23 employment opportunities with local educational agencies 

24 to members of the Armed Forces who are discharged or re25 leased from active duty under other than adverse conditions. 


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1 Unless the member is also selected to participate in the Pro2 gram under section 2042, a member receiving placement as3 sistance and referral services under the authority of this 

4 subsection is not eligible for financial assistance under sec5 tion 2043. 

6 ‘‘SEC. 2042. RECRUITMENT AND SELECTION OF PROGRAM 

7 PARTICIPANTS. 

8 ‘‘(a) ELIGIBLE MEMBERS.—The following members 

9 and former members of the Armed Forces are eligible for 

10 selection to participate in the Troops-to-Teachers Program: 

11 ‘‘(1) Any member who— 

12 ‘‘(A) on or after October 1, 1999, becomes 

13 entitled to retired or retainer pay in the manner 

14 provided in title 10 or title 14, United States 

15 Code; or 

16 ‘‘(B) on or after the date of the enactment 

17 of the No Child Left Behind Act of 2001, has an 

18 approved date of voluntary retirement and, as of 

19 the date the member submits an application to 

20 participate in the Program, has one year or less 

21 of active duty remaining before retirement. 

22 ‘‘(2) Any member who, on or after the date of the 

23 enactment of the No Child Left Behind Act of 2001— 

24 ‘‘(A) is separated or released from active 

25 duty after six or more years of continuous active 


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1 duty immediately before the separation or re2 lease; and 

3 ‘‘(B) executes a reserve commitment agree4 ment for a period of three years under subsection 

5 (e)(2). 

6 ‘‘(3) Any member who, on or after the date of the 

7 enactment of the No Child Left Behind Act of 2001, 

8 is retired or separated for physical disability under 

9 chapter 61 of title 10, United States Code. 

10 ‘‘(4) Any member who— 

11 ‘‘(A) during the period beginning on Octo12 ber 1, 1990, and ending on September 30, 1999, 

13 was involuntarily discharged or released from 

14 active duty for purposes of a reduction of force 

15 after six or more years of continuous active duty 

16 immediately before the discharge or release; or 

17 ‘‘(B) applied for the teacher placement pro18 gram administered under section 1151 of title 

19 10, United States Code, before its repeal, and 

20 who satisfied the eligibility criteria specified in 

21 subsection (c) of such section 1151. 

22 ‘‘(b) SUBMISSION OF APPLICATIONS.— 

23 ‘‘(1) FORM AND SUBMISSION.—Selection of eligi24 ble members and former members of the Armed Forces 

25 to participate in the Troops-to-Teachers Program 


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1 shall be made on the basis of applications submitted 

2 to the Secretary within the time periods specified in 

3 paragraph (2). An application shall be in such form 

4 and contain such information as the Secretary may 

5 require. 

6 ‘‘(2) TIME FOR SUBMISSION.—An application 

7 shall be considered to be submitted on a timely basis 

8 under paragraph (1) if— 

9 ‘‘(A) in the case of a member or former 

10 member of the Armed Forces described in para11 graph (1), (2), or (3) of subsection (a), the appli12 cation is submitted not later than four years 

13 after the date on which the member is retired or 

14 separated or released from active duty, whichever 

15 applies to the member; or 

16 ‘‘(B) in the case of a member or former 

17 member described in subsection (a)(4), the appli18 cation is submitted not later than September 30, 

19 2003. 

20 ‘‘(c) SELECTION CRITERIA.— 

21 ‘‘(1) ESTABLISHMENT.—Subject to paragraphs 

22 (2) and (3), the Secretary shall prescribe the criteria 

23 to be used to select eligible members and former mem24 bers of the Armed Forces to participate in the Troops25 to-Teachers Program. 


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1 ‘‘(2) EDUCATIONAL BACKGROUND.—If a member 

2 or former member of the Armed Forces described in 

3 paragraph (1), (2), or (3) of subsection (a) is apply4 ing for assistance for placement as an elementary or 

5 secondary school teacher, the Secretary shall require 

6 the member to have received a baccalaureate or ad7 vanced degree from an accredited institution of higher 

8 education. If such a member is applying for assist9 ance for placement as a vocational or technical teach10 er, the Secretary shall require the member— 

11 ‘‘(A) to have received the equivalent of one 

12 year of college from an accredited institution of 

13 higher education and have six or more years of 

14 military experience in a vocational or technical 

15 field; or 

16 ‘‘(B) to otherwise meet the certification or 

17 licensure requirements for a vocational or tech18 nical teacher in the State in which the member 

19 seeks assistance for placement under the Pro20 gram. 

21 ‘‘(3) HONORABLE SERVICE.—A member or 

22 former member of the Armed Forces is eligible to par23 ticipate in the Troops-to-Teachers Program only if the 

24 member’s last period of service in the Armed Forces 

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1 lected to participate in the Program before the retire2 ment of the member or the separation or release of the 

3 member from active duty, the member may continue 

4 to participate in the Program only if, upon the retire5 ment or separation or release from active duty, the 

6 member’s last period of service is characterized as 

7 honorable. 

8 ‘‘(d) SELECTION PRIORITIES.—In selecting eligible 

9 members and former members of the Armed Forces to re10 ceive assistance for placement as elementary or secondary 

11 school teachers or vocational or technical teachers, the Sec12 retary shall give priority to members who have educational 

13 or military experience in science, mathematics, special edu14 cation, or vocational or technical subjects and agree to seek 

15 employment as science, mathematics, or special education 

16 teachers in elementary or secondary schools or in other 

17 schools under the jurisdiction of a local educational agency. 

18 ‘‘(e) OTHER CONDITIONS ON SELECTION.— 

19 ‘‘(1) SELECTION SUBJECT TO FUNDING.—The 

20 Secretary may not select an eligible member or former 

21 member of the Armed Forces to participate in the 

22 Troops-to-Teachers Program under this section and 

23 receive financial assistance under section 2043 unless 

24 the Secretary has sufficient appropriations for the 

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1 isfy the obligations to be incurred by the United 

2 States under section 2043 with respect to the member. 

3 ‘‘(2) RESERVE COMMITMENT AGREEMENT.—The 

4 Secretary may not select an eligible member or former 

5 member of the Armed Forces described in subsection 

6 (a)(2)(A) to participate in the Troops-to-Teachers 

7 Program under this section and receive financial as8 sistance under section 2043 unless— 

9 ‘‘(A) the Secretary notifies the Secretary 

10 concerned and the member that the Secretary has 

11 reserved a full stipend or bonus under section 

12 2043 for the member; and 

13 ‘‘(B) the member executes a written agree14 ment with the Secretary concerned to serve as a 

15 member of the Selected Reserve of a reserve com16 ponent of the Armed Forces for a period of three 

17 years (in addition to any other reserve commit18 ment the member may have). 

19 ‘‘SEC. 2043. PARTICIPATION AGREEMENT AND FINANCIAL 

20 ASSISTANCE. 

21 ‘‘(a) PARTICIPATION AGREEMENT.—An eligible mem22 ber or former member of the Armed Forces selected to par23 ticipate in the Troops-to-Teachers Program under section 

24 2042 and receive financial assistance under this section 


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1 shall be required to enter into an agreement with the Sec2 retary in which the member agrees— 

3 ‘‘(1) to obtain, within such time as the Secretary 

4 may require, certification or licensure as a fully 

5 qualified elementary school teacher, secondary school 

6 teacher, or vocational or technical teacher; and 

7 ‘‘(2) to accept an offer of full-time employment 

8 as a fully qualified elementary school teacher, sec9 ondary school teacher, or vocational or technical 

10 teacher for not less than three school years with a 

11 local educational agency or public charter school, to 

12 begin the school year after obtaining that certification 

13 or licensure. 

14 ‘‘(b) VIOLATION OF PARTICIPATION AGREEMENT; EX15 CEPTIONS.—A participant in the Troops-to-Teachers Pro16 gram shall not be considered to be in violation of the par17 ticipation agreement entered into under subsection (a) dur18 ing any period in which the participant— 

19 ‘‘(1) is pursuing a full-time course of study re20 lated to the field of teaching at an institution of high21 er education; 

22 ‘‘(2) is serving on active duty as a member of the 

23 Armed Forces; 


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1 ‘‘(3) is temporarily totally disabled for a period 

2 of time not to exceed three years as established by 

3 sworn affidavit of a qualified physician; 

4 ‘‘(4) is unable to secure employment for a period 

5 not to exceed 12 months by reason of the care required 

6 by a spouse who is disabled; 

7 ‘‘(5) is seeking and unable to find full-time em8 ployment as a fully qualified teacher in an elemen9 tary or secondary school or as a vocational or tech10 nical teacher for a single period not to exceed 27 

11 months; or 

12 ‘‘(6) satisfies the provisions of additional reim13 bursement exceptions that may be prescribed by the 

14 Secretary. 

15 ‘‘(c) STIPEND FOR PARTICIPANTS.— 

16 ‘‘(1) STIPEND AUTHORIZED.—Subject to para17 graph (2), the Secretary may pay to a participant in 

18 the Troops-to-Teachers Program selected under section 

19 2042 a stipend in an amount up to $5,000. 

20 ‘‘(2) LIMITATION.—The total number of stipends 

21 that may be paid under paragraph (1) in any fiscal 

22 year may not exceed 3,000. 

23 ‘‘(d) BONUS FOR PARTICIPANTS.— 

24 ‘‘(1) BONUS AUTHORIZED.—Subject to para25 graph (2), the Secretary may, in lieu of paying a stiVerDate Mar 15 2010 15:07 Jun 10, 2011 Jkt 223001 PO 00000 Frm 00368 Fmt 6652 Sfmt 6203 E:\ERIC\H1.RH2 H1

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1 pend under subsection (c), pay a bonus of $10,000 to 

2 a participant in the Troops-to-Teachers Program se3 lected under section 2042 who agrees in the participa4 tion agreement under subsection (a) to accept full5 time employment as a fully qualified elementary 

6 school teacher, secondary school teacher, or vocational 

7 or technical teacher for not less than three years in 

8 a high need school. 

9 ‘‘(2) LIMITATION.—The total number of bonuses 

10 that may be paid under paragraph (1) in any fiscal 

11 year may not exceed 1,000. 

12 ‘‘(3) HIGH NEED SCHOOL DEFINED.—For pur13 poses of this subsection, the term ‘high need school’ 

14 means a public elementary school, public secondary 

15 school, or public charter school that meets one or more 

16 of the following criteria: 

17 ‘‘(A) At least 50 percent of the students en18 rolled in the school were children counted under 

19 subsection (c) of section 1124 for purposes of 

20 making grants under such section to local edu21 cational agencies, when such counting was most 

22 recently performed. 

23 ‘‘(B) The school has a large percentage of 

24 students who qualify for assistance under part B 


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1 of the Individuals with Disabilities Education 

2 Act (20 U.S.C. 1411 et seq.). 

3 ‘‘(C) The school meets any other criteria es4 tablished by the Secretary in consultation with 

5 the National Assessment Governing Board. 

6 ‘‘(e) TREATMENT OF STIPEND AND BONUS.—A stipend 

7 or bonus paid under this section to a participant in the 

8 Troops-to-Teachers Program shall be taken into account in 

9 determining the eligibility of the participant for Federal 

10 student financial assistance provided under title IV of the 

11 Higher Education Act of 1965 (20 U.S.C. 1070 et seq.). 

12 ‘‘(f) REIMBURSEMENT UNDER CERTAIN CIR13 CUMSTANCES.— 

14 ‘‘(1) REIMBURSEMENT REQUIRED.—A partici15 pant in the Troops-to-Teachers Program who is paid 

16 a stipend or bonus under this section shall be required 

17 to repay the stipend or bonus under the following cir18 cumstances: 

19 ‘‘(A) The participant fails to obtain teacher 

20 certification or licensure or employment as a 

21 fully qualified elementary school teacher, sec22 ondary school teacher, or vocational or technical 

23 teacher as required by the participation agree24 ment under subsection (a). 


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1 ‘‘(B) The participant voluntarily leaves, or 

2 is terminated for cause, from employment as an 

3 elementary school teacher, secondary school 

4 teacher, or vocational or technical teacher during 

5 the three years of required service in violation of 

6 the participation agreement. 

7 ‘‘(C) The participant executed a written 

8 agreement with the Secretary concerned under 

9 section 2042(e)(2) to serve as a member of a re10 serve component of the Armed Forces for a pe11 riod of three years and fails to complete the re12 quired term of service. 

13 ‘‘(2) AMOUNT OF REIMBURSEMENT.—A partici14 pant required to reimburse the Secretary for a sti15 pend or bonus paid to the participant under this sec16 tion shall pay an amount that bears the same ratio 

17 to the amount of the stipend or bonus as the unserved 

18 portion of required service bears to the three years of 

19 required service. Any amount owed by the participant 

20 shall bear interest at the rate equal to the highest rate 

21 being paid by the United States on the day on which 

22 the reimbursement is determined to be due for securi23 ties having maturities of ninety days or less and shall 

24 accrue from the day on which the participant is first 

25 notified of the amount due. 


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1 ‘‘(3) TREATMENT OF OBLIGATION.—The obliga2 tion to reimburse the Secretary under this subsection 

3 is, for all purposes, a debt owing the United States. 

4 A discharge in bankruptcy under title 11, United 

5 States Code, shall not release a participant from the 

6 obligation to reimburse the Secretary. 

7 ‘‘(4) EXCEPTIONS TO REIMBURSEMENT REQUIRE8 MENT.—A participant shall be excused from reim9 bursement under this subsection if the participant be10 comes permanently totally disabled as established by 

11 sworn affidavit of a qualified physician. The Sec12 retary may also waive reimbursement in cases of ex13 treme hardship to the participant, as determined by 

14 the Secretary. 

15 ‘‘(g) RELATIONSHIP TO EDUCATIONAL ASSISTANCE

16 UNDER MONTGOMERY GI BILL.—The receipt by a partici17 pant in the Troops-to-Teachers Program of a stipend or 

18 bonus under this section shall not reduce or otherwise affect 

19 the entitlement of the participant to any benefits under 

20 chapter 30 of title 38, United States Code, or chapter 1606 

21 of title 10, United States Code. 

22 ‘‘SEC. 2044. PARTICIPATION BY STATES. 

23 ‘‘(a) DISCHARGE OF STATE ACTIVITIES THROUGH

24 CONSORTIA OF STATES.—The Secretary may permit States 

25 participating in the Troops-to-Teachers Program to carry 


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1 out activities authorized for such States under the Program 

2 through one or more consortia of such States. 

3 ‘‘(b) ASSISTANCE TO STATES.— 

4 ‘‘(1) GRANTS AUTHORIZED.—Subject to para5 graph (2), the Secretary may make grants to States 

6 participating in the Troops-to-Teachers Program, or 

7 to consortia of such States, in order to permit such 

8 States or consortia of States to operate offices for pur9 poses of recruiting eligible members and former mem10 bers of the Armed Forces for participation in the Pro11 gram and facilitating the employment of participants 

12 in the Program as elementary school teachers, sec13 ondary school teachers, and vocational or technical 

14 teachers. 

15 ‘‘(2) LIMITATION.—The total amount of grants 

16 under paragraph (1) in any fiscal year may not ex17 ceed $4,000,000. 

18 ‘‘SEC. 2045. SUPPORT OF INNOVATIVE PRERETIREMENT 

19 TEACHER CERTIFICATION PROGRAMS. 

20 ‘‘(a) DEVELOPMENT, IMPLEMENTATION AND DEM21 ONSTRATION.—The Secretary may enter into a memo22 randum of agreement with a State, an institution of higher 

23 education, or a consortia of States or institutions of higher 

24 education, to develop, implement, and demonstrate teacher 

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1 scribed in section 2042(a)(1)(B) for the purpose of assisting 

2 such members to consider and prepare for a career as a 

3 fully qualified elementary school teacher, secondary school 

4 teacher, or vocational or technical teacher upon their retire5 ment from the Armed Forces. 

6 ‘‘(b) PROGRAM ELEMENTS.—A teacher certification 

7 program under subsection (a) must— 

8 ‘‘(1) provide recognition of military experience 

9 and training as related to licensure or certification 

10 requirements; 

11 ‘‘(2) provide courses of instruction that may be 

12 conducted on or near a military installation; 

13 ‘‘(3) incorporate alternative approaches to 

14 achieve teacher certification, such as innovative meth15 ods to gaining field-based teaching experiences, and 

16 assessment of background and experience as related to 

17 skills, knowledge, and abilities required of elementary 

18 school teachers, secondary school teachers, or voca19 tional or technical teachers; 

20 ‘‘(4) provide for courses to also be delivered via 

21 distance education methods; and 

22 ‘‘(5) address any additional requirements or 

23 specifications as established by the Secretary. 

24 ‘‘(c) APPLICATION PROCEDURES.—A State or institu25 tion of higher education (or a consortia of States or instituVerDate Mar 15 2010 15:07 Jun 10, 2011 Jkt 223001 PO 00000 Frm 00374 Fmt 6652 Sfmt 6203 E:\ERIC\H1.RH2 H1

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1 tions of higher education) that has a program leading to 

2 State approved teacher certification programs may submit 

3 a proposal to the Secretary for consideration under sub4 section (a). The Secretary shall give preference to proposals 

5 that provide for a sharing of the costs to carry out the teach6 er certification program. 

7 ‘‘(d) CONTINUATION OF PROGRAMS.—The purpose of 

8 this section is to provide funding to develop, implement, 

9 and demonstrate teacher certification programs under sub10 section (a). Upon successful completion of the demonstra11 tion phase, the continued operation of the teacher certifi12 cation programs shall not be the responsibility of the Sec13 retary. 

14 ‘‘(e) FUNDING LIMITATION.—The total amount obli15 gated by the Secretary under this section in any fiscal year 

16 may not exceed $5,000,000. 

17 ‘‘SEC. 2046. REPORTING REQUIREMENTS. 

18 ‘‘(a) REPORT REQUIRED.—Not later than March 31 

19 of each year, the Secretary (in consultation with the Sec20 retary of Defense and the Secretary of Transportation) and 

21 the Comptroller General shall each submit to Congress a 

22 report on the effectiveness of the Troops-to-Teachers Pro23 gram in the recruitment and retention of qualified per24 sonnel by local educational agencies and public charter 

25 schools. 


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1 ‘‘(b) ELEMENTS OF REPORT.—The report under sub2 section (a) shall include information on the following: 

3 ‘‘(1) The number of participants in the Troops4 to-Teachers Program. 

5 ‘‘(2) The schools in which the participants are 

6 employed. 

7 ‘‘(3) The grade levels at which the participants 

8 teach. 

9 ‘‘(4) The subject matters taught by the partici10 pants. 

11 ‘‘(5) The rates of retention of the participants by 

12 the local educational agencies and public charter 

13 schools employing the participants. 

14 ‘‘(6) Such other matters as the Secretary or the 

15 Comptroller General, as the case may be, considers 

16 appropriate. 

17 ‘‘(c) RECOMMENDATIONS.—The report of the Comp18 troller General under this section shall also include any rec19 ommendations of the Comptroller General regarding any 

20 means of improving the Troops-to-Teachers Program, in21 cluding means of enhancing the recruitment and retention 

22 of participants in the Program. 

23 ‘‘SEC. 2047. DEFINITIONS. 

24 ‘‘For purposes of this chapter: 


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1 ‘‘(1) ARMED FORCES.—The term ‘Armed Forces’ 

2 means the Army, Navy, Air Force, Marine Corps, and 

3 Coast Guard. 

4 ‘‘(2) PROGRAM.—The term ‘Program’ means the 

5 Troops-to-Teachers Program authorized by this sub6 part. 

7 ‘‘(3) RESERVE COMPONENT.—The term ‘reserve 

8 component’ means— 

9 ‘‘(A) the Army National Guard of the 

10 United States; 

11 ‘‘(B) the Army Reserve; 

12 ‘‘(C) the Naval Reserve; 

13 ‘‘(D) the Marine Corps Reserve; 

14 ‘‘(E) the Air National Guard of the United 

15 States; 

16 ‘‘(F) the Air Force Reserve; and 

17 ‘‘(G) the Coast Guard Reserve. 

18 ‘‘(4) SECRETARY CONCERNED.—The term ‘Sec19 retary concerned’ means— 

20 ‘‘(A) the Secretary of the Army, with respect 

21 to matters concerning a reserve component of the 

22 Army; 

23 ‘‘(B) the Secretary of the Navy, with respect 

24 to matters concerning a reserve component of the 

25 Navy; 


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1 ‘‘(C) the Secretary of the Air Force, with re2 spect to matters concerning a reserve component 

3 of the Air Force; and 

4 ‘‘(D) the Secretary of Transportation, with 

5 respect to matters concerning the Coast Guard 

6 Reserve. 

7 ‘‘CHAPTER 2—TRANSITION TO TEACHING 

8 ‘‘SEC. 2048. PROFESSIONALS SEEKING TO CHANGE CA9 REERS. 

10 ‘‘(a) PURPOSE.—The purpose of this section is to ad11 dress the need of high-need local educational agencies for 

12 highly qualified teachers in particular subject areas, such 

13 as mathematics, science, foreign languages, bilingual edu14 cation, and special education, needed by those agencies, fol15 lowing the model of the program under chapter 1, by re16 cruiting, preparing, placing, and supporting career-chang17 ing professionals who have knowledge and experience that 

18 will help them become such teachers. 

19 ‘‘(b) PROGRAM AUTHORIZED.—The Secretary may 

20 award grants, contracts, or cooperative agreements to insti21 tutions of higher education and public and private non22 profit agencies or organizations to carry out programs au23 thorized by this section. 

24 ‘‘(c) APPLICATION.—Each applicant that desires an 

25 award under subsection (b) shall submit an application to 


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1 the Secretary containing such information as the Secretary 

2 requires, including— 

3 ‘‘(1) a description of the target group of career4 changing professionals upon which the applicant will 

5 focus its recruitment efforts in carrying out its pro6 gram under this section, including a description of 

7 the characteristics of that target group that shows how 

8 the knowledge and experience of its members are rel9 evant to meeting the purpose of this section; 

10 ‘‘(2) a description of the training that program 

11 participants will receive and how that training will 

12 relate to their certification as teachers; 

13 ‘‘(3) a description of how the applicant will col14 laborate, as needed, with other institutions, agencies, 

15 or organizations to recruit, train, place, support, and 

16 provide teacher induction programs to program par17 ticipants under this section, including evidence of the 

18 commitment of those institutions, agencies, or organi19 zations to the applicant’s program; 

20 ‘‘(4) a description of how the applicant will 

21 evaluate the progress and effectiveness of its program, 

22 including— 

23 ‘‘(A) the program’s goals and objectives; 


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1 ‘‘(B) the performance indicators the appli2 cant will use to measure the program’s progress; 

3 and 

4 ‘‘(C) the outcome measures that will be used 

5 to determine the program’s effectiveness; and 

6 ‘‘(5) such other information and assurances as 

7 the Secretary may require. 

8 ‘‘(d) USES OF FUNDS AND PERIOD OF SERVICE.— 

9 ‘‘(1) AUTHORIZED ACTIVITIES.—Funds under 

10 this section may be used for— 

11 ‘‘(A) recruiting program participants, in12 cluding informing them of opportunities under 

13 the program and putting them in contact with 

14 other institutions, agencies, or organizations that 

15 would train, place, and support them; 

16 ‘‘(B) training stipends and other financial 

17 incentives for program participants, not to ex18 ceed $5,000 per participant; 

19 ‘‘(C) assisting institutions of higher edu20 cation or other providers of teacher training to 

21 tailor their training to meet the particular needs 

22 of professionals who are changing their careers to 

23 teaching; 

24 ‘‘(D) placement activities, including identi25 fying high-need local educational agencies with a 


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1 need for the particular skills and characteristics 

2 of the newly trained program participants and 

3 assisting those participants to obtain employ4 ment in those local educational agencies; and 

5 ‘‘(E) post-placement induction or support 

6 activities for program participants. 

7 ‘‘(2) PERIOD OF SERVICE.—A program partici8 pant in a program under this section who completes 

9 his or her training shall serve in a high-need local 

10 educational agency for at least 3 years. 

11 ‘‘(3) REPAYMENT.—The Secretary shall establish 

12 such requirements as the Secretary determines appro13 priate to ensure that program participants who re14 ceive a training stipend or other financial incentive 

15 under paragraph (1)(B), but fail to complete their 

16 service obligation under paragraph (2), repay all or 

17 a portion of such stipend or other incentive. 

18 ‘‘(e) EQUITABLE DISTRIBUTION.—To the extent prac19 ticable, the Secretary shall make awards under this section 

20 that support programs in different geographic regions of the 

21 United States. 

22 ‘‘(f) DEFINITION.—As used in this section, the term 

23 ‘program participants’ means career-changing professionals 

24 who— 

25 ‘‘(1) hold at least a baccalaureate degree; 


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1 ‘‘(2) demonstrate interest in, and commitment 

2 to, becoming a teacher; and 

3 ‘‘(3) have knowledge and experience that are rel4 evant to teaching a high-need subject area in a high5 need local educational agency. 

6 ‘‘Subpart 5—Funding 

7 ‘‘SEC. 2051. AUTHORIZATIONS OF APPROPRIATIONS. 

8 ‘‘(a) IN GENERAL.—For the purpose of carrying out 

9 this part, other than subpart 4, there are authorized to be 

10 appropriated $3,600,000,000 for fiscal year 2002 and such 

11 sums as may be necessary for each of fiscal years 2003 

12 through 2006. 

13 ‘‘(b) SUBPART 4.—For the purpose of carrying out 

14 subpart 4, there are authorized to be appropriated 

15 $50,000,000 for fiscal year 2002 and such sums as may be 

16 necessary for each of fiscal years 2003 through 2006. 

17 ‘‘Subpart 6—General Provisions 

18 ‘‘SEC. 2061. DEFINITIONS. 

19 ‘‘For purposes of this part— 

20 ‘‘(1) ARTS AND SCIENCES.—The term ‘arts and 

21 sciences’ means— 

22 ‘‘(A) when referring to an organizational 

23 unit of an institution of higher education, any 

24 academic unit that offers one or more academic 

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1 responding to the academic subject matter areas 

2 in which teachers provide instruction; and 

3 ‘‘(B) when referring to a specific academic 

4 subject matter area, the disciplines or content 

5 areas in which academic majors are offered by 

6 the arts and sciences organizational unit. 

7 ‘‘(2) BEGINNING TEACHER.—The term ‘begin8 ning teacher’ means an educator in a public school 

9 who has not yet been teaching 3 full school years. 

10 ‘‘(3) MENTORING PROGRAM.—The term ‘men11 toring program’ means to provide professional sup12 port and development, instruction, and guidance to 

13 beginning teachers, but does not include a teacher or 

14 individual who begins to work in a supervisory posi15 tion. 

16 ‘‘(4) PUBLICLY REPORT.—The term ‘publicly re17 port’, when used with respect to the dissemination of 

18 information, means that the information is made 

19 widely available to the public, including parents and 

20 students, through such means as the Internet and 

21 major print and broadcast media outlets.’’. 

22 SEC. 202. NATIONAL WRITING PROJECT. 

23 (a) TRANSFER AND REDESIGNATION.—Part K of title 

24 X (20 U.S.C. 8331 et seq.) is transferred and redesignated 


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1 as part B of title II. Sections 10991 and 10992 are redesig2 nated as sections 2101 and 2102, respectively. 

3 (b) EVALUATION.—Section 2102(g) (as so redesig4 nated) is amended— 

5 (1) in paragraph (1), by striking ‘‘14701.’’ and 

6 inserting ‘‘8651.’’; and 

7 (2) in paragraph (2), by striking ‘‘1994’’ and in8 serting ‘‘2002’’. 

9 (c) REAUTHORIZATION.—Section 2102(i) (as so redes10 ignated) is amended by striking ‘‘$4,000,000 for fiscal year 

11 1995, and such sums as may be necessary for each of the 

12 four succeeding fiscal years,’’ and inserting ‘‘such sums as 

13 may be necessary for fiscal year 2002 and the four suc14 ceeding fiscal years,’’. 

15 (d) CONTINUATION OF AWARDS.—Notwithstanding 

16 any other provision of this Act, any person or agency that 

17 was awarded a grant or contract under part K of title X 

18 (20 U.S.C. 8331 et seq.) prior to the date of the enactment 

19 of this Act shall continue to receive funds in accordance 

20 with the terms of such award until the date on which the 

21 award period terminates under such terms. 


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1 SEC. 203. CIVIC EDUCATION; TEACHER LIABILITY PROTEC2 TION. 

3 (a) IN GENERAL.—Title II, as amended by sections 

4 201 and 202, is further amended by adding at the end the 

5 following: 

6 ‘‘PART C—CIVIC EDUCATION 

7 ‘‘SEC. 2201. SHORT TITLE. 

8 ‘‘This part may be cited as the ‘Education for Democ9 racy Act’. 

10 ‘‘SEC. 2202. FINDINGS. 

11 ‘‘The Congress finds that— 

12 ‘‘(1) college freshmen surveyed in 1999 by the 

13 Higher Education Research Institute at the Univer14 sity of California at Los Angeles demonstrated higher 

15 levels of disengagement, both academically and politi16 cally, than any previous entering class of students; 

17 ‘‘(2) college freshmen in 1999 demonstrated the 

18 lowest levels of political interest in the 20-year history 

19 of surveys conducted by the Higher Education Re20 search Institute at the University of California at Los 

21 Angeles; 

22 ‘‘(3) United States secondary school students ex23 pressed relatively low levels of interest in politics and 

24 economics in a 1999 Harris survey; 

25 ‘‘(4) the 32d Annual Phi Delta Kappa/Gallup 

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1 come responsible citizens was the most important pur2 pose of public schools; 

3 ‘‘(5) Americans surveyed by the Organization of 

4 Economic Cooperation and Development indicated 

5 that only 59 percent had confidence that schools have 

6 a major effect on the development of good citizenship; 

7 ‘‘(6) teachers too often do not have sufficient ex8 pertise in the subjects that they teach, and 50 percent 

9 of all secondary school history students in America 

10 are being taught by teachers with neither a major nor 

11 a minor in history; 

12 ‘‘(7) secondary school students correctly answered 

13 fewer than 50 percent of the questions on a national 

14 test of economic knowledge in a 1999 Harris survey; 

15 ‘‘(8) the 1998 National Assessment of Edu16 cational Progress indicated that students have only 

17 superficial knowledge of, and lacked a depth of under18 standing regarding, civics; 

19 ‘‘(9) civics and economic education are impor20 tant not only to developing citizenship competencies 

21 in the United States but also are critical to sup22 porting political stability and economic health in 

23 other democracies, particularly emerging democratic 

24 market economies; 


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1 ‘‘(10) more than 75 percent of Americans sur2 veyed by the National Constitution Center in 1997 

3 admitted that they knew only some or very little 

4 about the Constitution of the United States; and 

5 ‘‘(11) the Constitution of the United States is too 

6 often viewed within the context of history and not as 

7 a living document that shapes current events. 

8 ‘‘SEC. 2203. PURPOSE. 

9 ‘‘It is the purpose of this part— 

10 ‘‘(1) to improve the quality of civics and govern11 ment education by educating students about the his12 tory and principles of the Constitution of the United 

13 States, including the Bill of Rights; 

14 ‘‘(2) to foster civic competence and responsi15 bility; and 

16 ‘‘(3) to improve the quality of civic education 

17 and economic education through cooperative civic 

18 education and economic education exchange programs 

19 with emerging democracies. 

20 ‘‘SEC. 2204. AUTHORITY. 

21 ‘‘The Secretary may make grants to, or enter into con22 tracts with— 

23 ‘‘(1) the Center for Civic Education to carry out 

24 civic education activities in accordance with sections 

25 2205 and 2206; and 


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1 ‘‘(2) the National Council on Economic Edu2 cation to carry out economic education activities in 

3 accordance with section 2206. 

4 ‘‘SEC. 2205. WE THE PEOPLE PROGRAM. 

5 ‘‘(a) USE OF FUNDS.—The Center for Civic Education 

6 may use funds made available under grants or contracts 

7 under section 2204(1) only to carry out activities— 

8 ‘‘(1) under the Citizen and the Constitution pro9 gram in accordance with subsection (b); and 

10 ‘‘(2) under the Project Citizen program in ac11 cordance with subsection (c). 

12 ‘‘(b) CITIZEN AND THE CONSTITUTION PROGRAM.— 

13 ‘‘(1) EDUCATIONAL ACTIVITIES.—The Center for 

14 Civic Education— 

15 ‘‘(A) shall use funds made available under 

16 grants or contracts under section 2204(1)— 

17 ‘‘(i) to continue and expand the edu18 cational activities of the program entitled 

19 the ‘We the People . . . The Citizen and the 

20 Constitution’ administered by the Center for 

21 Civic Education; 

22 ‘‘(ii) to carry out activities to enhance 

23 student attainment of challenging academic 

24 content standards in civics and government; 


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1 ‘‘(iii) to provide a course of instruction 

2 on the basic principles of the Nation’s con3 stitutional democracy and the history of the 

4 Constitution of the United States, including 

5 the Bill of Rights; 

6 ‘‘(iv) to provide, at the request of a 

7 participating school, school and community 

8 simulated congressional hearings following 

9 the course of instruction described in clause 

10 (iii); and 

11 ‘‘(v) to provide an annual national 

12 competition of simulated congressional hear13 ings for secondary school students who wish 

14 to participate in such a program; and 

15 ‘‘(B) may use assistance made available 

16 under section 2204(1)— 

17 ‘‘(i) to provide advanced sustained and 

18 ongoing training of teachers about the Con19 stitution of the United States and the polit20 ical system of the United States; 

21 ‘‘(ii) to provide materials and methods 

22 of instruction, including teacher training, 

23 that utilize the latest advancements in edu24 cational technology; and 


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1 ‘‘(iii) to provide civic education mate2 rials and services to address specific prob3 lems such as the prevention of school vio4 lence and the abuse of drugs and alcohol. 

5 ‘‘(2) AVAILABILITY OF PROGRAM.—As a condi6 tion of receipt of funds under grants or contracts 

7 under section 2204(1), the Secretary shall require the 

8 Center for Civic Education to make the education 

9 program authorized under this subsection available to 

10 public and private elementary schools and secondary 

11 schools, including Bureau-funded schools, in each of 

12 the 435 congressional districts, and in the District of 

13 Columbia, the Commonwealth of Puerto Rico, the Vir14 gin Islands, Guam, American Samoa, and the Com15 monwealth of the Northern Mariana Islands. 

16 ‘‘(c) PROJECT CITIZEN.— 

17 ‘‘(1) EDUCATIONAL ACTIVITIES.—The Center for 

18 Civic Education— 

19 ‘‘(A) shall use funds made available under 

20 grants or contracts under section 2204(1)— 

21 ‘‘(i) to continue and expand the edu22 cational activities of the program entitled 

23 the ‘We the People . . . Project Citizen’ pro24 gram administered by the Center; 


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1 ‘‘(ii) to carry out activities to enhance 

2 student attainment of challenging academic 

3 content standards in civics and government; 

4 ‘‘(iii) to provide a course of instruction 

5 at the middle school level on the roles of 

6 State and local governments in the Federal 

7 system established by the Constitution of the 

8 United States; and 

9 ‘‘(iv) to provide an annual national 

10 showcase or competition; and 

11 ‘‘(B) may use funds made available under 

12 grants or contracts under section 2204(1)— 

13 ‘‘(i) to provide optional school and 

14 community simulated State legislative hear15 ings; 

16 ‘‘(ii) to provide advanced sustained 

17 and ongoing training of teachers on the 

18 roles of State and local governments in the 

19 Federal system established by the Constitu20 tion of the United States; 

21 ‘‘(iii) to provide materials and meth22 ods of instruction, including teacher train23 ing, that utilize the latest advancements in 

24 educational technology; and 


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1 ‘‘(iv) to provide civic education mate2 rials and services to address specific prob3 lems such as the prevention of school vio4 lence and the abuse of drugs and alcohol. 

5 ‘‘(2) AVAILABILITY OF PROGRAM.—As a condi6 tion of receipt of funds under grants or contracts 

7 under section 2204(1), the Secretary shall require the 

8 Center for Civic Education to make the education 

9 program authorized under this subsection available to 

10 public and private middle schools, including Bureau11 funded schools, in each of the 50 States, the District 

12 of Columbia, the Commonwealth of Puerto Rico, the 

13 Virgin Islands, Guam, American Samoa, and the 

14 Commonwealth of the Northern Mariana Islands. 

15 ‘‘(d) BUREAU-FUNDED SCHOOL DEFINED.—In this 

16 section, the term ‘Bureau-funded school’ has the meaning 

17 given such term in section 1146 of the Education Amend18 ments of 1978 (25 U.S.C. 2026). 

19 ‘‘SEC. 2206. COOPERATIVE CIVIC EDUCATION AND ECO20 NOMIC EDUCATION EXCHANGE PROGRAMS. 

21 ‘‘(a) USE OF FUNDS.—The Center for Civic Education 

22 and the National Council on Economic Education may use 

23 funds made available under grants or contracts under sec24 tion 2204(2) only to carry out cooperative education ex25 change programs that— 


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1 ‘‘(1) make available to educators from eligible 

2 countries exemplary curriculum and teacher training 

3 programs in civics and government education, and ec4 onomics education, developed in the United States; 

5 ‘‘(2) assist eligible countries in the adaptation, 

6 implementation, and institutionalization of programs 

7 described in paragraph (1); 

8 ‘‘(3) create and implement programs for civics 

9 and government education, and economic education, 

10 for students that draw upon the experiences of the 

11 participating eligible countries; 

12 ‘‘(4) provide means for the exchange of ideas and 

13 experiences in civics and government education, and 

14 economic education, among political, educational, 

15 governmental, and private sector leaders of partici16 pating eligible countries; and 

17 ‘‘(5) provide support for— 

18 ‘‘(A) independent research and evaluation 

19 to determine the effects of educational programs 

20 on students’ development of the knowledge, skills, 

21 and traits of character essential for the preserva22 tion and improvement of constitutional democ23 racy; and 


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1 ‘‘(B) effective participation in and the pres2 ervation and improvement of an efficient market 

3 economy. 

4 ‘‘(b) ACTIVITIES.—In carrying out the cooperative 

5 education exchange programs assisted under this section, 

6 the Center for Civic Education and the National Council 

7 on Economic Education shall— 

8 ‘‘(1) provide to the participants from eligible 

9 countries— 

10 ‘‘(A) seminars on the basic principles of 

11 United States constitutional democracy and eco12 nomic system, including seminars on the major 

13 governmental and economic institutions and sys14 tems in the United States, and visits to such in15 stitutions; 

16 ‘‘(B) visits to school systems, institutions of 

17 higher education, and nonprofit organizations 

18 conducting exemplary programs in civics and 

19 government education, and economic education, 

20 in the United States; 

21 ‘‘(C) translations and adaptations with re22 spect to United States civics and government 

23 education, and economic education, curricular 

24 programs for students and teachers, and in the 

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1 lations and adaptations into forms useful in 

2 schools in eligible countries, and joint research 

3 projects in such areas; and 

4 ‘‘(D) independent research and evaluation 

5 assistance— 

6 ‘‘(i) to determine the effects of the coop7 erative education exchange programs on 

8 students’ development of the knowledge, 

9 skills, and traits of character essential for 

10 the preservation and improvement of con11 stitutional democracy; and 

12 ‘‘(ii) to identify effective participation 

13 in and the preservation and improvement of 

14 an efficient market economy; 

15 ‘‘(2) provide to the participants from the United 

16 States— 

17 ‘‘(A) seminars on the histories, economies, 

18 and systems of government of eligible countries; 

19 ‘‘(B) visits to school systems, institutions of 

20 higher education, and organizations conducting 

21 exemplary programs in civics and government 

22 education, and economic education, located in el23 igible countries; 

24 ‘‘(C) assistance from educators and scholars 

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1 ricular materials on the history, government, 

2 and economy of such countries that are useful in 

3 United States classrooms; 

4 ‘‘(D) opportunities to provide onsite dem5 onstrations of United States curricula and peda6 gogy for educational leaders in eligible countries; 

7 and 

8 ‘‘(E) independent research and evaluation 

9 assistance to determine— 

10 ‘‘(i) the effects of the cooperative edu11 cation exchange programs assisted under 

12 this section on students’ development of the 

13 knowledge, skills, and traits of character es14 sential for the preservation and improve15 ment of constitutional democracy; and 

16 ‘‘(ii) effective participation in and im17 provement of an efficient market economy; 

18 and 

19 ‘‘(3) assist participants from eligible countries 

20 and the United States to participate in international 

21 conferences on civics and government education, and 

22 economic education, for educational leaders, teacher 

23 trainers, scholars in related disciplines, and edu24 cational policymakers. 


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1 ‘‘(c) PARTICIPANTS.—The primary participants in the 

2 cooperative education exchange programs assisted under 

3 this section shall be educational leaders in the areas of 

4 civics and government education, and economic education, 

5 including teachers, curriculum and teacher training spe6 cialists, scholars in relevant disciplines, and educational 

7 policymakers, and government and private sector leaders 

8 from the United States and eligible countries. 

9 ‘‘(d) CONSULTATION.—The Secretary may make a 

10 grant, or enter into a contract, under section 2204(2) only 

11 if the Secretary of State concurs with the Secretary that 

12 such grant, or contract, is consistent with the foreign policy 

13 of the United States. 

14 ‘‘(e) AVOIDANCE OF DUPLICATION.—With the concur15 rence of the Secretary of State, the Secretary shall ensure 

16 that— 

17 ‘‘(1) the activities carried out under the pro18 grams assisted under this section are not duplicative 

19 of other activities conducted in eligible countries; and 

20 ‘‘(2) any institutions in eligible countries, with 

21 which the Center for Civic Education or the National 

22 Council on Economic Education may work in con23 ducting such activities, are creditable. 

24 ‘‘(f) ELIGIBLE COUNTRY DEFINED.—In this section, 

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1 try, an Eastern European country, Lithuania, Latvia, Es2 tonia, the independent states of the former Soviet Union 

3 as defined in section 3 of the FREEDOM Support Act (22 

4 U.S.C. 5801), the Republic of Ireland, the province of 

5 Northern Ireland in the United Kingdom, and any devel6 oping country (as such term is defined in section 209(d) 

7 of the Education for the Deaf Act) if the Secretary, with 

8 the concurrence of the Secretary of State, determines that 

9 such developing country has a democratic form of govern10 ment. 

11 ‘‘SEC. 2207. FUNDING. 

12 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— 

13 ‘‘(1) WE THE PEOPLE PROGRAM.—There are au14 thorized to be appropriated to carry out sections 

15 2204(1) and 2205 such sums as may be necessary for 

16 each of fiscal years 2002 through 2006. 

17 ‘‘(2) COOPERATIVE CIVIC EDUCATION AND ECO18 NOMIC EDUCATION EXCHANGE PROGRAMS.—There are 

19 authorized to be appropriated to carry out sections 

20 2204(2) and 2206 such sums as may be necessary for 

21 each of fiscal years 2002 through 2006. 

22 ‘‘(b) LIMITATION.—In each fiscal year, the Secretary 

23 may use not more than 50 percent of the amount appro24 priated under subsection (a)(2) for assistance for economic 

25 educational activities. 


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1 ‘‘PART D—TEACHER LIABILITY PROTECTION 

2 ‘‘SEC. 2301. TEACHER IMMUNITY. 

3 ‘‘(a) IMMUNITY.—Notwithstanding any other provi4 sion of law, no school board member of, or teacher or admin5 istrator in, a local educational agency that receives funds 

6 under this Act shall be liable for monetary damages in his 

7 or her personal capacity for an action that was taken in 

8 carrying out his or her official duties and intended to main9 tain school discipline, so long as that action was not prohib10 ited under State or local law and did not constitute reckless 

11 or criminal misconduct. 

12 ‘‘(b) LIMITATION.—The immunity established under 

13 subsection (a) shall apply only to liability arising under 

14 Federal law.’’. 

15 (b) CONTINUATION OF AWARDS.—Notwithstanding 

16 any other provision of this Act, any person or agency that 

17 was awarded a grant under part F of title X (20 U.S.C. 

18 8141 et seq.) prior to the date of the enactment of this Act 

19 shall continue to receive funds in accordance with the terms 

20 of such award until the date on which the award period 

21 terminates under such terms. 


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1 TITLE III—EDUCATION OF LIM2 ITED ENGLISH PROFICIENT 

3 AND IMMIGRANT CHILDREN; 

4 INDIAN AND ALASKA NATIVE 

5 EDUCATION 

6 PART A—EDUCATION OF LIMITED ENGLISH 

7 PROFICIENT AND IMMIGRANT CHILDREN 

8 SEC. 301. PROGRAMS AUTHORIZED. 

9 (a) TITLE HEADING.—The heading for title III is 

10 amended to read as follows: 

11 ‘‘TITLE III—EDUCATION OF LIM12 ITED ENGLISH PROFICIENT 

13 AND IMMIGRANT CHILDREN; 

14 INDIAN AND ALASKA NATIVE 

15 EDUCATION’’. 

16 (b) SHORT TITLE.—Section 3101 (20 U.S.C. 6801) is 

17 repealed. 

18 (c) LIMITATION ON AVAILABILITY OF CERTAIN FUNDS

19 FOR SCHOOLS.— 

20 (1) IN GENERAL.—Section 3601 (20 U.S.C. 

21 7001)— 

22 (A) is transferred to part B of title V (as 

23 amended by section 501) and inserted after sec24 tion 5204 (as so amended); 

25 (B) is redesignated as section 5205; and 


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1 (C) is amended by striking ‘‘this title’’ each 

2 place such term appears and inserting ‘‘this 

3 part’’. 

4 (2) PART HEADING REPEAL.—The part heading 

5 for part F of title III is repealed. 

6 (d) LIMITED ENGLISH PROFICIENT AND IMMIGRANT

7 CHILDREN.—Parts A through E of title III (20 U.S.C. 6811 

8 et seq.) are amended to read as follows: 

9 ‘‘PART A—EDUCATION OF LIMITED ENGLISH 

10 PROFICIENT AND IMMIGRANT CHILDREN 

11 ‘‘Subpart 1—English Language and Academic 

12 Instructional Programs 

13 ‘‘SEC. 3101. SHORT TITLE. 

14 ‘‘This subpart may be cited as the ‘English Language 

15 Proficiency and Academic Achievement Act’. 

16 ‘‘SEC. 3102. FINDINGS AND PURPOSES. 

17 ‘‘(a) FINDINGS.—The Congress finds as follows: 

18 ‘‘(1) English is the common language of the 

19 United States and every citizen and other person re20 siding in the United States should have a command 

21 of the English language in order to develop to their 

22 full potential. 

23 ‘‘(2) Limited English proficient children, includ24 ing recent immigrant children, must overcome a 

25 number of challenges in receiving an education in 


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1 order to participate fully in American society, includ2 ing— 

3 ‘‘(A) segregated educational programs; 

4 ‘‘(B) disproportionate and improper place5 ment in special education and other special pro6 grams due to the use of inappropriate evaluation 

7 procedures; 

8 ‘‘(C) the limited English proficiency of their 

9 parents, which hinders the parents’ ability to 

10 fully participate in the education of their chil11 dren; and 

12 ‘‘(D) a need for additional teachers and 

13 other staff who are professionally trained and 

14 qualified to serve such children. 

15 ‘‘(3) States and local educational agencies need 

16 assistance in developing the capacity to provide pro17 grams of instruction that offer and provide an equal 

18 educational opportunity to children who need special 

19 assistance because English is not their dominant lan20 guage. 

21 ‘‘(4) Since 1979, the number of limited English 

22 proficient children attending school in the United 

23 States has more than doubled to greater than 

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1 lation of limited English proficient children will con2 tinue to increase. 

3 ‘‘(5) Native Americans, including native resi4 dents of the outlying areas, and Native American lan5 guages (as such terms are defined in section 103 of 

6 the Native American Languages Act) have a unique 

7 status under Federal law that requires special policies 

8 within the broad purposes of this part to serve the 

9 educational needs of language minority students in 

10 the United States. 

11 ‘‘(6) Research, evaluation, and data collection 

12 capabilities in the field of instruction for limited 

13 English proficient children need to be strengthened so 

14 that educators and other staff teaching limited 

15 English proficient children in the classroom can bet16 ter identify and promote programs, program imple17 mentation strategies, and instructional practices that 

18 result in the effective education of limited English 

19 proficient children. 

20 ‘‘(7) The Federal Government has a special and 

21 continuing obligation to ensure that States and local 

22 educational agencies provide children of limited 

23 English proficiency the same educational opportuni24 ties afforded other children. 

25 ‘‘(b) PURPOSES.—The purposes of this part are— 


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1 ‘‘(1) to help ensure that children who are limited 

2 English proficient, including recent immigrant chil3 dren, attain English proficiency, develop high levels of 

4 academic attainment in English, and meet the same 

5 challenging State academic content standards and 

6 challenging State student academic achievement 

7 standards expected of all children; 

8 ‘‘(2) to develop high-quality programs designed 

9 to assist local educational agencies in teaching lim10 ited English proficient children; 

11 ‘‘(3) to assist local educational agencies to de12 velop and enhance their capacity to provide high13 quality instructional programs designed to prepare 

14 limited English proficient students, including recent 

15 immigrant students, to enter all-English instructional 

16 settings within 3 years; and 

17 ‘‘(4) to provide State educational agencies and 

18 local educational agencies with the flexibility to im19 plement instructional programs, tied to scientifically 

20 based reading research and sound research and theory 

21 on teaching limited English proficient children, that 

22 the agencies believe to be the most effective for teach23 ing English. 


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1 ‘‘SEC. 3103. PARENTAL NOTIFICATION AND CONSENT FOR 

2 ENGLISH LANGUAGE INSTRUCTION. 

3 ‘‘(a) NOTIFICATION.—If a local educational agency 

4 uses funds under this subpart to provide English language 

5 instruction to limited English proficient children, the agen6 cy shall inform a parent or the parents of a child partici7 pating in an English language instruction program for 

8 limited English proficient children assisted under this sub9 part of— 

10 ‘‘(1) the reasons for the identification of the child 

11 as being in need of English language instruction; 

12 ‘‘(2) the child’s level of English proficiency, how 

13 such level was assessed, and the status of the child’s 

14 academic achievement; 

15 ‘‘(3) how the English language instruction pro16 gram will specifically help the child acquire English 

17 and meet age-appropriate standards for grade pro18 motion and graduation; 

19 ‘‘(4) what the specific exit requirements are for 

20 the program; 

21 ‘‘(5) the expected rate of transition from the pro22 gram into a classroom that is not tailored for limited 

23 English proficient children; and 

24 ‘‘(6) the expected rate of graduation from high 

25 school for the program if funds under this subpart are 

26 used for children in secondary schools. 


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1 ‘‘(b) CONSENT.— 

2 ‘‘(1) AGENCY REQUIREMENTS.— 

3 ‘‘(A) INFORMED CONSENT.—For a child 

4 who has been identified as limited English pro5 ficient prior to the beginning of the school year, 

6 each local educational agency that receives funds 

7 under this subpart shall make a reasonable and 

8 substantial effort to obtain informed parental 

9 consent prior to the placement of a child in an 

10 English language instruction program for lim11 ited English proficient children funded under 

12 this subpart, if the program does not include 

13 classes which exclusively or almost exclusively 

14 use the English language in instruction. 

15 ‘‘(B) WRITTEN CONSENT NOT OBTAINED.— 

16 ‘‘(i) IN GENERAL.—If written consent 

17 is not obtained, the local educational agency 

18 shall maintain a written record that in19 cludes the date and the manner in which 

20 such informed consent was sought, includ21 ing the specific efforts made to obtain such 

22 consent. 

23 ‘‘(ii) PROOF OF EFFORT.—Notice, in 

24 an understandable form, of specific efforts 

25 made to obtain written consent and a copy 


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1 of the written record described in clause (i) 

2 shall be mailed or delivered in writing to a 

3 parent or the parents of a child prior to 

4 placing the child in a program described in 

5 subparagraph (A), and shall include a final 

6 request for parental consent for such serv7 ices. After such notice has been mailed or 

8 delivered in writing, the local educational 

9 agency shall provide appropriate edu10 cational services. 

11 ‘‘(iii) SPECIAL RULE APPLICABLE DUR12 ING SCHOOL YEAR.—For those children who 

13 have not been identified as limited English 

14 proficient prior to the beginning of the 

15 school year, the local educational agency 

16 shall make a reasonable and substantial ef17 fort to obtain parental consent under this 

18 clause. For such children, the agency shall 

19 document, in writing, its specific efforts to 

20 obtain such consent prior to placing the 

21 child in a program described in subpara22 graph (A). After such documentation has 

23 been made, the local educational agency 

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1 tion shall be mailed or delivered in writing 

2 to a parent or the parents of the child in a 

3 timely manner and shall include informa4 tion on how to have their child immediately 

5 removed from the program upon their re6 quest. Nothing in this clause shall be con7 strued as exempting a local educational 

8 agency from complying with the notifica9 tion requirements of subsection (a) and the 

10 consent requirements of this paragraph. 

11 ‘‘(2) PARENTAL RIGHTS.—A parent or the par12 ents of a child participating in an English language 

13 instruction program for limited English proficient 

14 children assisted under this subpart— 

15 ‘‘(A) shall select among methods of instruc16 tion, if more than one method is offered in the 

17 program; and 

18 ‘‘(B) shall have the right to have their child 

19 immediately removed from the program upon 

20 their request. 

21 ‘‘(c) RECEIPT OF INFORMATION.—A parent or the par22 ents of a child identified for participation in an English 

23 language instruction program for limited English pro24 ficient children assisted under this subpart shall receive, in 

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1 ents, the information required by this subsection. At a min2 imum, the parent or parents shall receive— 

3 ‘‘(1) timely information about English language 

4 instruction programs for limited English proficient 

5 children assisted under this part; 

6 ‘‘(2) if a parent or the parents of a participating 

7 child so desire, notice of opportunities for regular 

8 meetings for the purpose of formulating and respond9 ing to recommendations from the parent or parents; 

10 and 

11 ‘‘(3) procedural information for removing a child 

12 from a program for limited English proficient chil13 dren. 

14 ‘‘(d) BASIS FOR ADMISSION OR EXCLUSION.—Students 

15 shall not be admitted to, or excluded from, any federally 

16 assisted education program on the basis of a surname or 

17 language-minority status. 

18 ‘‘SEC. 3104. TESTING OF LIMITED ENGLISH PROFICIENT 

19 CHILDREN. 

20 ‘‘(a) IN GENERAL.—Assessments of limited English 

21 proficient children participating in programs funded under 

22 this subpart, to the extent practicable, shall be in the lan23 guage and form most likely to yield accurate and reliable 

24 information on what such students know and can do in con25 tent areas. 


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1 ‘‘(b) SPECIAL RULE.—Notwithstanding subsection (a), 

2 in the case of an assessment of reading or language arts 

3 of any student who has attended school in the United States 

4 (excluding Puerto Rico) for 3 or more consecutive school 

5 years, the assessment shall be in the form of a test written 

6 in English, except that, if the entity administering the as7 sessment determines, on a case-by-case individual basis, 

8 that assessments in another language or form would likely 

9 yield more accurate and reliable information on what such 

10 student knows and can do, the entity may assess such stu11 dent in such language or form for 1 additional year. 

12 ‘‘SEC. 3105. FORMULA GRANTS TO STATES. 

13 ‘‘(a) IN GENERAL.—In the case of each State that in 

14 accordance with section 3107 submits to the Secretary an 

15 application for a fiscal year, the Secretary shall make a 

16 grant for the year to the State for the purposes specified 

17 in subsection (b). The grant shall consist of the allotment 

18 determined for the State under subsection (c). 

19 ‘‘(b) PURPOSES OF GRANTS.— 

20 ‘‘(1) REQUIRED EXPENDITURES.—The Secretary 

21 may make a grant under subsection (a) only if the 

22 State involved agrees that the State will expend at 

23 least 95 percent of its allotment under subsection (c) 

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1 ties to provide assistance to limited English proficient 

2 children in accordance with sections 3108 and 3109. 

3 ‘‘(2) AUTHORIZED EXPENDITURES.—Subject to 

4 paragraph (3), a State that receives a grant under 

5 subsection (a) may expend not more than 5 percent 

6 of its allotment under subsection (c) for one or more 

7 of the following purposes: 

8 ‘‘(A) Carrying out— 

9 ‘‘(i) professional development activi10 ties, and other activities, that assist per11 sonnel in meeting State and local certifi12 cation requirements for teaching limited 

13 English proficient children; and 

14 ‘‘(ii) other activities that provide such 

15 personnel with the skills and knowledge nec16 essary to educate limited English proficient 

17 children. 

18 ‘‘(B) Providing scholarships and fellowships 

19 to students who agree to teach limited English 

20 proficient children once they graduate. 

21 ‘‘(C) Planning, administration, and inter22 agency coordination related to the subgrants re23 ferred to in paragraph (1). 


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1 ‘‘(D) Providing technical assistance and 

2 other forms of assistance to local educational 

3 agencies that— 

4 ‘‘(i) educate limited English proficient 

5 children; and 

6 ‘‘(ii) are not receiving a subgrant from 

7 a State under this subpart. 

8 ‘‘(E) Providing bonuses to subgrantees 

9 whose performance has been exceptional in terms 

10 of the speed with which children enrolled in the 

11 subgrantee’s programs and activities attain 

12 English language proficiency and meet chal13 lenging State academic content standards and 

14 challenging State student academic achievement 

15 standards. 

16 ‘‘(3) LIMITATION ON ADMINISTRATIVE COSTS.— 

17 In carrying out paragraph (2), a State that receives 

18 a grant under subsection (a) may expend not more 

19 than 2 percent of its allotment under subsection (c) 

20 for the purposes described in paragraph (2)(C). 

21 ‘‘(c) DETERMINATION OF ALLOTMENT AMOUNTS.— 

22 ‘‘(1) RESERVATIONS.—From the amount appro23 priated under section 3110 to carry out this subpart 

24 for each fiscal year, the Secretary shall reserve— 


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1 ‘‘(A) .5 percent of such amount for pay2 ments to entities that are considered to be local 

3 educational agencies under section 3106(a) for 

4 activities approved by the Secretary; 

5 ‘‘(B) .5 percent of such amount for pay6 ments to outlying areas, to be allotted in accord7 ance with their respective needs for assistance 

8 under this subpart, as determined by the Sec9 retary, for activities, approved by the Secretary, 

10 consistent with this part; and 

‘‘(C) 1 11 ⁄2 of 1 percent of such amount for 

12 evaluation of the programs under this part and 

13 for dissemination of best practices. 

14 ‘‘(2) CONTINUATION AWARDS.—Before making 

15 awards to States under paragraph (3) for any fiscal 

16 year, the Secretary shall make continuation awards 

17 to recipients of grants under subpart 1 of part A of 

18 the Bilingual Education Act, as that Act was in effect 

19 on the day before the effective date of the No Child 

20 Left Behind Act of 2001, in order to allow such re21 cipients to continue to receive funds in accordance 

22 with the terms of their grant until the date on which 

23 the grant period otherwise would have terminated if 

24 the No Child Left Behind Act of 2001 had not been 

25 enacted. 


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1 ‘‘(3) STATE ALLOTMENTS.— 

2 ‘‘(A) IN GENERAL.—From the amount ap3 propriated under section 3110 to carry out this 

4 subpart for each fiscal year that remains after 

5 carrying out paragraphs (1) and (2), the Sec6 retary shall allot to each of the 50 States, the 

7 District of Columbia, and the Commonwealth of 

8 Puerto Rico an amount which bears the same 

9 ratio to such amount as the total number of chil10 dren and youth who are limited English pro11 ficient and who reside in such State bears to the 

12 total number of such children and youth residing 

13 in all such States that, in accordance with sec14 tion 3107, submit to the Secretary an applica15 tion for the year. 

16 ‘‘(B) REALLOTMENT.— 

17 ‘‘(i) IN GENERAL.—If any State de18 scribed in subparagraph (A) does not sub19 mit to the Secretary an application for a 

20 fiscal year, or submits an application (or 

21 any modification to an application) that 

22 the Secretary, after reasonable notice and 

23 opportunity for a hearing, determines does 

24 not satisfy the requirements of this subpart, 

25 the Secretary— 


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1 ‘‘(I) shall endeavor to make the 

2 State’s allotment available on a com3 petitive basis to specially qualified 

4 agencies within the State that satisfy 

5 the requirements applicable to eligible 

6 entities under section 3108 and any 

7 additional requirements that may be 

8 imposed by the Secretary; and 

9 ‘‘(II) shall reallot any portion of 

10 such allotment remaining after the ap11 plication of subclause (I) to the re12 maining States in accordance with 

13 subparagraph (A). 

14 ‘‘(ii) REQUIREMENTS ON SPECIALLY

15 QUALIFIED AGENCIES.—If a specially quali16 fied agency receives funds under this sub17 paragraph, the requirements of subsection 

18 (b) shall not apply to the agency. In lieu of 

19 those requirements, the specially qualified 

20 agency shall expend the funds for the au21 thorized activities described in section 

22 3108(b) and otherwise shall satisfy the re23 quirements of section 3108. 

24 ‘‘(C) SPECIAL RULE FOR PUERTO RICO.— 

25 The total amount allotted to Puerto Rico for any 


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1 fiscal year under subparagraph (A) shall not ex2 ceed .5 percent of the total amount allotted to all 

3 States for that fiscal year. 

4 ‘‘(4) USE OF DATA FOR DETERMINATIONS.— 

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

6 subparagraph (B), for the purpose of deter7 mining the number of children and youth who 

8 are limited English proficient and reside in a 

9 State and in all States for each fiscal year, the 

10 Secretary shall use the most recent satisfactory 

11 data available from the Bureau of the Census 

12 and the American Community Survey available 

13 from the Department of Commerce. 

14 ‘‘(B) EXCEPTION.—If the data described in 

15 subparagraph (A) are more than 4 years old or 

16 unavailable, the Secretary shall use the most re17 cent satisfactory data provided by the States, 

18 such as enrollment data and data that reflect the 

19 number of students taking the English pro20 ficiency assessments in the States. 

21 ‘‘(5) NO REDUCTION PERMITTED BASED ON

22 TEACHING METHOD.—The Secretary may not reduce 

23 a State’s allotment based on the State’s selection of 

24 any method of instruction as its preferred method of 


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1 teaching the English language to children who are 

2 limited English proficient. 

3 ‘‘SEC. 3106. NATIVE AMERICAN AND ALASKA NATIVE CHIL4 DREN IN SCHOOL. 

5 ‘‘(a) ELIGIBLE ENTITIES.—For the purpose of car6 rying out programs under this part for individuals served 

7 by elementary, secondary, and postsecondary schools oper8 ated predominately for Native American or Alaska Native 

9 children, the following shall be considered to be a local edu10 cational agency: 

11 ‘‘(1) An Indian tribe. 

12 ‘‘(2) A tribally sanctioned educational authority. 

13 ‘‘(3) A Native Hawaiian or Native American 

14 Pacific Islander native language educational organi15 zation. 

16 ‘‘(4) An elementary or secondary school that is 

17 operated or funded by the Bureau of Indian Affairs, 

18 or a consortium of such schools. 

19 ‘‘(5) An elementary or secondary school operated 

20 under a contract with or grant from the Bureau of 

21 Indian Affairs, in consortium with another such 

22 school or a tribal or community organization. 

23 ‘‘(6) An elementary or secondary school operated 

24 by the Bureau of Indian Affairs and an institution 

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1 tary or secondary school operated under a contract 

2 with or grant from the Bureau of Indian Affairs or 

3 a tribal or community organization. 

4 ‘‘(b) SUBMISSION OF APPLICATIONS FOR ASSIST5 ANCE.—Notwithstanding any other provision of this part, 

6 an entity that is considered to be a local educational agency 

7 under subsection (a), and that desires to submit an applica8 tion for Federal financial assistance under this subpart, 

9 shall submit the application to the Secretary. In all other 

10 respects, such an entity shall be eligible for a subgrant 

11 under this subpart on the same basis as any other local 

12 educational agency. 

13 ‘‘SEC. 3107. APPLICATIONS BY STATES. 

14 ‘‘For purposes of section 3105, an application sub15 mitted by a State for a grant under such section for a fiscal 

16 year is in accordance with this section if the application— 

17 ‘‘(1) describes the process that the State will use 

18 in making competitive subgrants to eligible entities 

19 under section 3109(c); 

20 ‘‘(2) contains an agreement that, in carrying out 

21 this subpart, the State will address the needs of school 

22 systems of all sizes and in all geographic areas, in23 cluding rural and urban schools; 

24 ‘‘(3) contains an agreement that competitive sub25 grants to eligible entities under section 3109(c) shall 


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1 be of sufficient size and scope to allow such entities 

2 to carry out high quality education programs for lim3 ited English proficient children; 

4 ‘‘(4) contains an agreement that the State will 

5 coordinate its programs and activities under this sub6 part with its other programs and activities under this 

7 Act and other Acts, as appropriate; 

8 ‘‘(5) contains an agreement that the State— 

9 ‘‘(A) shall monitor the progress of students 

10 enrolled in programs and activities receiving as11 sistance under this subpart in attaining English 

12 proficiency and in attaining challenging State 

13 academic content standards and challenging 

14 State student academic achievement standards; 

15 ‘‘(B) shall establish standards and bench16 marks for English language development that are 

17 aligned with State academic content and 

18 achievement standards; and 

19 ‘‘(C) will ensure that eligible entities com20 ply with section 3104 to annually test children 

21 in English who have been in the United States 

22 for 3 or more consecutive years; 

23 ‘‘(6) contains an assurance that the State will 

24 develop high-quality annual assessments to measure 

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1 tities receiving a subgrant under this subpart annu2 ally to assess the English proficiency of all children 

3 with limited English proficiency participating in a 

4 program funded under this subpart; 

5 ‘‘(7) contains an agreement that the State will 

6 develop annual performance objectives for raising the 

7 level of English proficiency of each limited English 

8 proficient student, and that these objectives shall in9 clude percentage increases in performance on annual 

10 assessments in reading, writing, speaking, and listen11 ing comprehension as compared to the preceding 

12 school year; and 

13 ‘‘(8) contains an agreement that the State will 

14 require eligible entities receiving a subgrant under 

15 this subpart to use the subgrant in ways that will 

16 build such recipient’s capacity to continue to offer 

17 high-quality English language instruction and pro18 grams which assist limited English proficient chil19 dren in attaining challenging State academic content 

20 standards and challenging State student academic 

21 achievement standards once assistance under this sub22 part is no longer available. 

23 ‘‘SEC. 3108. SUBGRANTS TO ELIGIBLE ENTITIES. 

24 ‘‘(a) PURPOSES OF SUBGRANTS.—A State may make 

25 a subgrant to an eligible entity from funds received by the 


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1 State under this subpart only if the entity agrees to expend 

2 the funds to improve the education of limited English pro3 ficient children and their families, through the acquisition 

4 of English and the attainment of challenging State aca5 demic content standards and challenging State student aca6 demic achievement standards, using approaches and meth7 odologies based on scientifically based reading research and 

8 sound research and theory on teaching limited English pro9 ficient children, by— 

10 ‘‘(1) developing and implementing new English 

11 language and academic content instructional pro12 grams for children who are limited English pro13 ficient, including programs of early childhood edu14 cation and kindergarten through 12th grade edu15 cation; 

16 ‘‘(2) carrying out highly focused, innovative, lo17 cally designed projects to expand or enhance existing 

18 English language and academic content instruction 

19 programs for limited English proficient children; 

20 ‘‘(3) implementing, within an individual school, 

21 schoolwide programs for restructuring, reforming, and 

22 upgrading all relevant programs and operations re23 lating to English language and academic content in24 struction for limited English proficient students; or 


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1 ‘‘(4) implementing, within the entire jurisdiction 

2 of a local educational agency, agencywide programs 

3 for restructuring, reforming, and upgrading all rel4 evant programs and operations relating to English 

5 language and academic content instruction for lim6 ited English proficient students. 

7 ‘‘(b) AUTHORIZED SUBGRANTEE ACTIVITIES.— 

8 ‘‘(1) IN GENERAL.—Subject to paragraph (2), a 

9 State may make a subgrant to an eligible entity from 

10 funds received by the State under this subpart in 

11 order that the eligible entity may achieve one of the 

12 purposes described in subsection (a) by undertaking 

13 one or more of the following activities to improve the 

14 understanding, and use, of the English language, 

15 based on a child’s learning skills and attainment of 

16 challenging State academic content standards and 

17 challenging State student academic achievement 

18 standards: 

19 ‘‘(A) Upgrading program objectives and ef20 fective instructional strategies. 

21 ‘‘(B) Improving the instruction program for 

22 limited English proficient students by identi23 fying, acquiring, and upgrading curricula, in24 structional materials, educational software, and 

25 assessment procedures. 


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1 ‘‘(C) Providing— 

2 ‘‘(i) tutorials and academic or voca3 tional education for limited English pro4 ficient children; and 

5 ‘‘(ii) intensified instruction. 

6 ‘‘(D) Developing and implementing elemen7 tary or secondary school English language in8 structional programs that are coordinated with 

9 other relevant programs and services. 

10 ‘‘(E) Providing professional development to 

11 classroom teachers, principals, administrators, 

12 and other school or community-based organiza13 tional personnel to improve the instruction and 

14 assessment of children who are limited English 

15 proficient children. 

16 ‘‘(F) Improving the English language pro17 ficiency and academic performance of limited 

18 English proficient children. 

19 ‘‘(G) Improving the instruction of limited 

20 English proficient children by providing for the 

21 acquisition or development of education tech22 nology or instructional materials, access to and 

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1 poration of such resources in curricula and pro2 grams, such as those funded under this subpart. 

3 ‘‘(H) Developing tutoring programs for lim4 ited English proficient children that provide 

5 early intervention and intensive instruction in 

6 order to improve academic achievement, to in7 crease graduation rates among limited English 

8 proficient children, and to prepare students for 

9 transition as soon as possible into classrooms 

10 where instruction is not tailored for limited 

11 English proficient children. 

12 ‘‘(I) Providing family literacy services and 

13 parent outreach and training activities to lim14 ited English proficient children and their fami15 lies to improve their English language skills and 

16 assist parents in helping their children to im17 prove their academic performance. 

18 ‘‘(J) Other activities that are consistent 

19 with the purposes of this part. 

20 ‘‘(2) MOVING CHILDREN OUT OF SPECIALIZED

21 CLASSROOMS.—Any program or activity undertaken 

22 by an eligible entity using a subgrant from a State 

23 under this subpart shall be designed to assist students 

24 enrolled in the program or activity to attain English 

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1 tent standards and challenging State student aca2 demic achievement standards as soon as possible, but 

3 not later than after 3 consecutive years of attendance 

4 in United States schools (excluding schools in Puerto 

5 Rico), and to move into a classroom where instruction 

6 is not tailored for limited English proficient children. 

7 ‘‘(c) SELECTION OF METHOD OF INSTRUCTION.—To 

8 receive a subgrant from a State under this subpart, an eligi9 ble entity shall select one or more methods or forms of in10 struction to be used in the programs and activities under11 taken by the entity to assist limited English proficient chil12 dren to attain English proficiency and meet challenging 

13 State academic content standards and challenging State 

14 student academic achievement standards. Such selection 

15 shall be consistent with sections 3134 and 3135. 

16 ‘‘(d) DURATION OF SUBGRANTS.—The duration of a 

17 competitive subgrant made by a State under section 3109(c) 

18 shall be determined by the State in its discretion. 

19 ‘‘(e) APPLICATIONS BY ELIGIBLE ENTITIES.— 

20 ‘‘(1) IN GENERAL.—To receive a subgrant from 

21 a State under this subpart, an eligible entity shall 

22 submit an application to the State at such time, in 

23 such form, and containing such information as the 

24 State may require. 


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1 ‘‘(2) REQUIRED DOCUMENTATION.—The applica2 tion shall— 

3 ‘‘(A) describe the programs and activities 

4 proposed to be developed, implemented, and ad5 ministered under the subgrant; 

6 ‘‘(B) describe how the eligible entity will use 

7 the subgrant funds to satisfy the requirement in 

8 subsection (b)(2); and 

9 ‘‘(C) describe how the eligible entity, using 

10 the disaggregated results of the student assess11 ments required under section 1111(b)(4) and 

12 other measures available, will annually review 

13 the progress of elementary and secondary schools 

14 within its jurisdiction, or served by it, to deter15 mine if such schools are making the adequate 

16 yearly progress necessary to ensure that limited 

17 English proficient students attending the schools 

18 will meet the State’s proficient level of perform19 ance on the State assessment described in section 

20 1111(b)(4), and will hold such schools account21 able for making such progress. 

22 ‘‘(3) REQUIREMENTS FOR APPROVAL.—The ap23 plication shall contain assurances that— 

24 ‘‘(A) the eligible entity will use qualified 

25 personnel who have appropriate training and 


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1 professional credentials in teaching English to 

2 children who are limited English proficient, and 

3 who are proficient in English, including written 

4 and oral communication skills; 

5 ‘‘(B) if the eligible entity includes one or 

6 more local educational agencies, each such agen7 cy is complying with section 3103(b) prior to, 

8 and throughout, each school year; 

9 ‘‘(C) the eligible entity annually will assess 

10 the English proficiency of all children with lim11 ited English proficiency participating in pro12 grams funded under this subpart; 

13 ‘‘(D) the eligible entity has based its pro14 posal on scientifically based reading research 

15 and sound research and theory on teaching lim16 ited English proficient children; 

17 ‘‘(E) the eligible entity has described in the 

18 application how students enrolled in the pro19 grams and activities proposed in the application 

20 will be proficient in English after 3 academic 

21 years of enrollment; 

22 ‘‘(F) the eligible entity will ensure that pro23 grams will enable children to speak, read, write, 

24 and comprehend the English language and meet 

25 challenging State academic content standards 


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1 and challenging State student academic achieve2 ment standards; and 

3 ‘‘(G) the eligible entity is not in violation 

4 of any State law, including State constitutional 

5 law, regarding the education of limited English 

6 proficient children, consistent with sections 3134 

7 and 3135. 

8 ‘‘(4) QUALITY.—For the purposes of awarding 

9 competitive subgrants under section 3109(c), a State 

10 shall consider the quality of each application and en11 sure that it is of sufficient size and scope to meet the 

12 purposes of this subpart. 

13 ‘‘SEC. 3109. DISTRIBUTION OF SUBGRANTS TO ELIGIBLE EN14 TITIES. 

15 ‘‘(a) IN GENERAL.—A State shall expend at least 95 

16 percent of its allotment under section 3105(c) each fiscal 

17 year for the purpose of making subgrants to eligible entities 

18 within the State that have approved applications, in ac19 cordance with subsections (b) and (c). 

20 ‘‘(b) FORMULA SUBGRANTS.— 

21 ‘‘(1) RESERVATION.—75 percent of the amount 

22 expended by a State for subgrants under this subpart 

23 shall be reserved for subgrants to eligible entities de24 scribed in subsection (a) in which, during the fiscal 

25 year for which the subgrant is to be made, the number 


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1 of limited English proficient children and youth who 

2 are enrolled in public and nonpublic elementary or 

3 secondary schools located in geographic areas under 

4 the jurisdiction of, or served by, such entities is equal 

5 to at least 500 students, or 3 percent of the total num6 ber of children and youth enrolled in such schools 

7 during such fiscal year, whichever is less. 

8 ‘‘(2) ALLOTMENT.—From the amount reserved 

9 under paragraph (1), the State shall allot to each eli10 gible entity described in such paragraph a percentage 

11 based on the ratio of— 

12 ‘‘(A) the number of limited English pro13 ficient children and youth who are enrolled in 

14 public and nonpublic elementary or secondary 

15 schools located in geographic areas under the ju16 risdiction of, or served by, such entity during the 

17 fiscal year for which the allotment is to be made; 

18 to 

19 ‘‘(B) the number of such children and youth 

20 in all such eligible entities. 

21 ‘‘(3) REALLOTMENT.—Whenever a State deter22 mines that an allotment made to an eligible entity 

23 under this subsection for a fiscal year will not be used 

24 by the entity for the purpose for which it was made, 

25 the State shall, in accordance with such rules as it 


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1 deems appropriate, reallot such amount, consistent 

2 with paragraph (2), to other eligible entities in the 

3 State for carrying out that purpose. 

4 ‘‘(c) COMPETITIVE SUBGRANTS.—25 percent of the 

5 amount expended by a State for subgrants under this sub6 part shall be reserved for competitive subgrants to eligible 

7 entities described in subsection (a) that the State deter8 mines— 

9 ‘‘(1) have experienced significant increases, as 

10 compared to the previous 2 years, in the percentage 

11 or number of children and youth with limited English 

12 proficiency, including recent immigrant children, 

13 that have enrolled in public and nonpublic elemen14 tary or secondary schools in the geographic areas 

15 under the jurisdiction of, or served by, such entities 

16 during the fiscal year for which the subgrant is to be 

17 made; or 

18 ‘‘(2) do not satisfy the requirements of subsection 

19 (b)(1) but have significant needs for programs under 

20 this subpart. 

21 ‘‘SEC. 3110. AUTHORIZATION OF APPROPRIATIONS. 

22 ‘‘For the purpose of carrying out this subpart, there 

23 are authorized to be appropriated $750,000,000 for fiscal 

24 year 2002 and such sums as may be necessary for each of 

25 the 4 succeeding fiscal years. 


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1 ‘‘Subpart 2—Administration 

2 ‘‘SEC. 3121. EVALUATIONS. 

3 ‘‘(a) IN GENERAL.—Each eligible entity that receives 

4 a subgrant from a State under subpart 1 shall provide the 

5 State, at the conclusion of every second fiscal year during 

6 which the subgrant is received, with an evaluation, in a 

7 form prescribed by the State, of— 

8 ‘‘(1) the programs and activities conducted by 

9 the entity with funds received under subpart 1 during 

10 the 2 immediately preceding fiscal years; 

11 ‘‘(2) the progress made by students in learning 

12 the English language and meeting challenging State 

13 academic content standards and challenging State 

14 student academic achievement standards; 

15 ‘‘(3) the number and percentage of students in 

16 the programs and activities attaining English lan17 guage proficiency by the end of each school year, as 

18 determined by a valid and reliable assessment of 

19 English proficiency; and 

20 ‘‘(4) the progress made by students in meeting 

21 challenging State academic content standards and 

22 challenging State student academic achievement 

23 standards for each of the 2 years after such students 

24 are no longer receiving services under this part. 


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1 ‘‘(b) USE OF EVALUATION.—An evaluation provided 

2 by an eligible entity under subsection (a) shall be used by 

3 the entity and the State— 

4 ‘‘(1) for improvement of programs and activities; 

5 ‘‘(2) to determine the effectiveness of programs 

6 and activities in assisting children who are limited 

7 English proficient to attain English proficiency (as 

8 measured consistent with subsection (d)) and meet 

9 challenging State academic content standards and 

10 challenging State student academic achievement 

11 standards; and 

12 ‘‘(3) in determining whether or not to continue 

13 funding for specific programs or projects. 

14 ‘‘(c) EVALUATION COMPONENTS.—An evaluation pro15 vided by an eligible entity under subsection (a) shall in16 clude— 

17 ‘‘(1) an evaluation of whether students enrolling 

18 in a program or activity conducted by the entity with 

19 funds received under subpart 1— 

20 ‘‘(A) have attained English proficiency and 

21 are meeting challenging State academic content 

22 academic and challenging State student aca23 demic achievement standards; and 

24 ‘‘(B) have achieved a working knowledge of 

25 the English language that is sufficient to permit 


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1 them to perform, in English, in a classroom that 

2 is not tailored to limited English proficient chil3 dren; and 

4 ‘‘(2) such other information as the State may re5 quire. 

6 ‘‘(d) EVALUATION MEASURES.—In prescribing the 

7 form of an evaluation provided by an entity under sub8 section (a), a State shall approve evaluation measures, as 

9 applicable, for use under subsection (c) that are designed 

10 to assess— 

11 ‘‘(1) oral language proficiency in kindergarten; 

12 ‘‘(2) oral language proficiency, including speak13 ing and listening skills, in first grade; 

14 ‘‘(3) both oral language proficiency, including 

15 speaking and listening skills, and reading and writ16 ing proficiency in grades 2 and higher; and 

17 ‘‘(4) attainment of challenging State student 

18 academic achievement standards. 

19 ‘‘SEC. 3122. REPORTING REQUIREMENTS. 

20 ‘‘(a) STATES.—Based upon the evaluations provided 

21 to a State under section 3121, each State that receives a 

22 grant under subpart 1 shall prepare and submit every sec23 ond year to the Secretary a report on programs and activi24 ties undertaken by the State under such subpart and the 

25 effectiveness of such programs and activities in improving 


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1 the education provided to children who are limited English 

2 proficient. 

3 ‘‘(b) SECRETARY.—Every second year, the Secretary 

4 shall prepare and submit to the Committee on Education 

5 and the Workforce of the House of Representatives and the 

6 Committee on Health, Education, Labor, and Pensions of 

7 the Senate a report on— 

8 ‘‘(1) programs and activities undertaken by 

9 States under subpart 1 and the effectiveness of such 

10 programs and activities in improving the education 

11 provided to children who are limited English pro12 ficient; 

13 ‘‘(2) the types of instructional programs used 

14 under subpart 1 to teach limited English proficient 

15 children; 

16 ‘‘(3) the number of programs or projects, if any, 

17 that were terminated because they were not able to 

18 reach program goals; 

19 ‘‘(4) the number of limited English proficient 

20 children served under subpart 1 who were 

21 transitioned out of special instructional programs 

22 funded under such subpart into classrooms where in23 struction is not tailored for limited English proficient 

24 children; and 


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1 ‘‘(5) other information gathered from the reports 

2 submitted under subsection (a). 

3 ‘‘SEC. 3123. COORDINATION WITH RELATED PROGRAMS. 

4 ‘‘In order to maximize Federal efforts aimed at serving 

5 the educational needs of children and youth of limited 

6 English proficiency, the Secretary shall coordinate and en7 sure close cooperation with other programs serving lan8 guage-minority and limited English proficient students 

9 that are administered by the Department and other agen10 cies. 

11 ‘‘Subpart 3—General Provisions 

12 ‘‘SEC. 3131. DEFINITIONS. 

13 ‘‘For purposes of this part: 

14 ‘‘(1) CHILDREN AND YOUTH.—The term ‘children 

15 and youth’ means individuals aged 3 through 21. 

16 ‘‘(2) COMMUNITY-BASED ORGANIZATION.—The 

17 term ‘community-based organization’ means a private 

18 nonprofit organization of demonstrated effectiveness 

19 or Indian tribe or tribally sanctioned educational au20 thority which is representative of a community or sig21 nificant segments of a community and which provides 

22 educational or related services to individuals in the 

23 community. Such term includes a Native Hawaiian 

24 or Native American Pacific Islander native language 

25 educational organization. 


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1 ‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible enti2 ty’ means— 

3 ‘‘(A) one or more local educational agencies; 

4 or 

5 ‘‘(B) one or more local educational agencies 

6 in collaboration with an institution of higher 

7 education, community-based organization, or 

8 State educational agency. 

9 ‘‘(4) NATIVE HAWAIIAN OR NATIVE AMERICAN PA10 CIFIC ISLANDER NATIVE LANGUAGE EDUCATIONAL OR11 GANIZATION.—The term ‘Native Hawaiian or Native 

12 American Pacific Islander native language edu13 cational organization’ means a nonprofit organiza14 tion with a majority of its governing board and em15 ployees consisting of fluent speakers of the traditional 

16 Native American languages used in their educational 

17 programs and with not less than 5 years successful 

18 experience in providing educational services in tradi19 tional Native American languages. 

20 ‘‘(5) NATIVE LANGUAGE.—The term ‘native lan21 guage’, when used with reference to an individual 

22 who is limited English proficient, means the language 

23 normally used by such individual. 

24 ‘‘(6) SPECIALLY QUALIFIED AGENCY.—The term 

25 ‘specially qualified agency’, when used with respect to 


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1 a fiscal year, means an eligible entity located in a 

2 State that, for that year— 

3 ‘‘(A) does not submit to the Secretary an 

4 application under sections 3105(a) and 3107; or 

5 ‘‘(B) submits an application (or any modi6 fication to an application) that the Secretary, 

7 after reasonable notice and opportunity for a 

8 hearing, determines does not satisfy the require9 ments of subpart 1. 

10 ‘‘(7) TRIBALLY SANCTIONED EDUCATIONAL AU11 THORITY.—The term ‘tribally sanctioned educational 

12 authority’ means— 

13 ‘‘(A) any department or division of edu14 cation operating within the administrative 

15 structure of the duly constituted governing body 

16 of an Indian tribe; and 

17 ‘‘(B) any nonprofit institution or organiza18 tion that is— 

19 ‘‘(i) chartered by the governing body of 

20 an Indian tribe to operate a school de21 scribed in section 3106(a) or otherwise to 

22 oversee the delivery of educational services 

23 to members of the tribe; and 

24 ‘‘(ii) approved by the Secretary for the 

25 purpose of carrying out programs under 


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1 subpart 1 for individuals served by a school 

2 described in section 3106(a). 

3 ‘‘SEC. 3132. RULES OF CONSTRUCTION. 

4 ‘‘Nothing in subpart 1 shall be construed— 

5 ‘‘(1) to prohibit a local educational agency from 

6 serving limited English proficient children and youth 

7 simultaneously with students with similar edu8 cational needs, in the same educational settings where 

9 appropriate; 

10 ‘‘(2) to require a State or a local educational 

11 agency to establish, continue, or eliminate any par12 ticular type of instructional program for limited 

13 English proficient children; or 

14 ‘‘(3) to limit the preservation or use of Native 

15 American languages as defined in the Native Amer16 ican Languages Act of 1990. 

17 ‘‘SEC. 3133. LIMITATION ON FEDERAL REGULATIONS. 

18 ‘‘The Secretary shall issue regulations under this part 

19 only to the extent that such regulations are necessary to 

20 ensure compliance with the specific requirements of this 

21 part. 

22 ‘‘SEC. 3134. LEGAL AUTHORITY UNDER STATE LAW. 

23 ‘‘Nothing in this part shall be construed to negate or 

24 supersede State law, or the legal authority under State law 

25 of any State agency, State entity, or State public official, 


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1 over programs that are under the jurisdiction of the State 

2 agency, entity, or official. 

3 ‘‘SEC. 3135. CIVIL RIGHTS. 

4 ‘‘Nothing in this part shall be construed in a manner 

5 inconsistent with any Federal law guaranteeing a civil 

6 right. 

7 ‘‘SEC. 3136. PROGRAMS FOR NATIVE AMERICANS AND PUER8 TO RICO. 

9 ‘‘Programs authorized under subpart 1 that serve Na10 tive American children, Native Pacific Island children, and 

11 children in the Commonwealth of Puerto Rico, notwith12 standing any other provision of subpart 1, may include 

13 programs of instruction, teacher training, curriculum devel14 opment, evaluation, and testing designed for Native Amer15 ican children learning and studying Native American lan16 guages and children of limited Spanish proficiency, except 

17 that a primary outcome of programs serving such children 

18 shall be increased English proficiency among such chil19 dren.’’. 

20 SEC. 302. CONFORMING AMENDMENT TO DEPARTMENT OF 

21 EDUCATION ORGANIZATION ACT. 

22 (a) IN GENERAL.— 

23 (1) RENAMING OF OFFICE.—The Department of 

24 Education Organization Act is amended by striking 

25 ‘‘Office of Bilingual Education and Minority LanVerDate Mar 15 2010 15:07 Jun 10, 2011 Jkt 223001 PO 00000 Frm 00439 Fmt 6652 Sfmt 6203 E:\ERIC\H1.RH2 H1

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1 guages Affairs’’ each place such term appears in the 

2 text and inserting ‘‘Office of Educational Services for 

3 Limited English Proficient Children’’. 

4 (2) CONFORMING AMENDMENT.—Section 209 of 

5 the Department of Education Organization Act is 

6 amended by striking ‘‘Director of Bilingual Edu7 cation and Minority Languages Affairs,’’ and insert8 ing ‘‘Director of Educational Services for Limited 

9 English Proficient Children,’’. 

10 (b) CLERICAL AMENDMENTS.— 

11 (1) SECTION 209.—The section heading for sec12 tion 209 of the Department of Education Organiza13 tion Act is amended to read as follows: 

14 ‘‘OFFICE OF EDUCATIONAL SERVICES FOR LIMITED

15 ENGLISH PROFICIENT CHILDREN’’. 

16 (2) SECTION 216.—The section heading for sec17 tion 216 of the Department of Education Organiza18 tion Act is amended to read as follows: 

19 ‘‘SEC. 216. OFFICE OF EDUCATIONAL SERVICES FOR LIM20 ITED ENGLISH PROFICIENT CHILDREN.’’. 

21 (3) TABLE OF CONTENTS.— 

22 (A) SECTION 209.—The table of contents of 

23 the Department of Education Organization Act 

24 is amended by amending the item relating to sec25 tion 209 to read as follows: 


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‘‘Sec. 209. Office of Educational Services for Limited English Proficient Children.’’. 

1 (B) SECTION 216.—The table of contents of 

2 the Department of Education Organization Act 

3 is amended by amending the item relating to sec4 tion 216 to read as follows: 

‘‘Sec. 216. Office of Educational Services for Limited English Proficient Children.’’. 

5 PART B—INDIAN AND ALASKA NATIVE 

6 EDUCATION 

7 SEC. 311. ELEMENTARY AND SECONDARY EDUCATION ACT 

8 OF 1965. 

9 (a) IN GENERAL.—Title III (as amended by section 

10 301 of this Act) is further amended by adding at the end 

11 the following new part: 

12 ‘‘PART B—INDIAN AND ALASKA NATIVE 

13 EDUCATION 

14 ‘‘Subpart 1—Indian Education 

15 ‘‘SEC. 3201. FINDINGS. 

16 ‘‘Congress finds that— 

17 ‘‘(1) the Federal Government has a special re18 sponsibility to ensure that educational programs for 

19 all American Indian and Alaska Native children and 

20 adults— 

21 ‘‘(A) are based on high-quality, internation22 ally competitive academic content standards and 

23 student academic achievement standards and 


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1 build on Indian culture and the Indian commu2 nity; 

3 ‘‘(B) assist local educational agencies, In4 dian tribes, and other entities and individuals in 

5 providing Indian students the opportunity to 

6 achieve such standards; and 

7 ‘‘(C) meet the unique educational and cul8 turally related academic needs of American In9 dian and Alaska Native students; 

10 ‘‘(2) since the date of the enactment of the initial 

11 Indian Education Act in 1972, the level of involve12 ment of Indian parents in the planning, development, 

13 and implementation of educational programs that af14 fect such parents and their children has increased sig15 nificantly, and schools should continue to foster such 

16 involvement; 

17 ‘‘(3) although the number of Indian teachers, ad18 ministrators, and university professors has increased 

19 since 1972, teacher training programs are not recruit20 ing, training, or retraining a sufficient number of In21 dian individuals as educators to meet the needs of a 

22 growing Indian student population in elementary, 

23 secondary, vocational, adult, and higher education; 

24 ‘‘(4) the dropout rate for Indian students is un25 acceptably high; 9 percent of Indian students who 


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1 were eighth graders in 1988 had dropped out of school 

2 by 1990; 

3 ‘‘(5) during the period from 1980 to 1990, the 

4 percentage of Indian individuals living at or below 

5 the poverty level increased from 24 percent to 31 per6 cent, and the readiness of Indian children to learn is 

7 hampered by the high incidence of poverty, unemploy8 ment, and health problems among Indian children 

9 and their families; and 

10 ‘‘(6) research related specifically to the education 

11 of Indian children and adults is very limited, and 

12 much of the research is of poor quality or is focused 

13 on limited local or regional issues. 

14 ‘‘SEC. 3202. PURPOSE. 

15 ‘‘(a) PURPOSE.—It is the purpose of this subpart to 

16 support the efforts of local educational agencies, Indian 

17 tribes and organizations, postsecondary institutions, and 

18 other entities to meet the unique educational and culturally 

19 related academic needs of American Indians and Alaska 

20 Natives, so that such students can achieve to the same chal21 lenging State academic achievement standards expected of 

22 all other students. 

23 ‘‘(b) PROGRAMS.—this subpart carries out the purpose 

24 described in subsection (a) by authorizing programs of di25 rect assistance for— 


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1 ‘‘(1) meeting the unique educational and cul2 turally related academic needs of American Indians 

3 and Alaska Natives; 

4 ‘‘(2) the education of Indian children and adults; 

5 ‘‘(3) the training of Indian persons as educators 

6 and counselors, and in other professions serving In7 dian people; and 

8 ‘‘(4) research, evaluation, data collection, and 

9 technical assistance. 

10 ‘‘CHAPTER 1—FORMULA GRANTS TO 

11 LOCAL EDUCATIONAL AGENCIES 

12 ‘‘SEC. 3211. PURPOSE. 

13 ‘‘It is the purpose of this chapter to support local edu14 cational agencies in their efforts to reform elementary and 

15 secondary school programs that serve Indian students in 

16 order to ensure that such programs— 

17 ‘‘(1) are based on challenging State academic 

18 content standards and State student academic 

19 achievement standards that are used for all students; 

20 and 

21 ‘‘(2) are designed to assist Indian students in 

22 meeting those standards and assist the Nation in 

23 reaching the National Education Goals. 

24 ‘‘SEC. 3212. GRANTS TO LOCAL EDUCATIONAL AGENCIES. 

25 ‘‘(a) IN GENERAL.— 


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1 ‘‘(1) ENROLLMENT REQUIREMENTS.—A local 

2 educational agency shall be eligible for a grant under 

3 this chapter for any fiscal year if the number of In4 dian children eligible under section 3217 and who 

5 were enrolled in the schools of the agency, and to 

6 whom the agency provided free public education, dur7 ing the preceding fiscal year— 

8 ‘‘(A) was at least 10; or 

9 ‘‘(B) constituted not less than 25 percent of 

10 the total number of individuals enrolled in the 

11 schools of such agency. 

12 ‘‘(2) EXCLUSION.—The requirement of para13 graph (1) shall not apply in Alaska, California, or 

14 Oklahoma, or with respect to any local educational 

15 agency located on, or in proximity to, a reservation. 

16 ‘‘(b) INDIAN TRIBES.— 

17 ‘‘(1) IN GENERAL.—If a local educational agency 

18 that is eligible for a grant under this chapter does not 

19 establish a parent committee under section 3214(c)(4) 

20 for such grant, an Indian tribe that represents not 

21 less than one-half of the eligible Indian children who 

22 are served by such local educational agency may 

23 apply for such grant. 

24 ‘‘(2) SPECIAL RULE.—The Secretary shall treat 

25 each Indian tribe applying for a grant pursuant to 


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1 paragraph (1) as if such Indian tribe were a local 

2 educational agency for purposes of this chapter, ex3 cept that any such tribe is not subject to section 

4 3214(c)(4), section 3218(c), or section 3219. 

5 ‘‘SEC. 3213. AMOUNT OF GRANTS. 

6 ‘‘(a) AMOUNT OF GRANT AWARDS.— 

7 ‘‘(1) IN GENERAL.—Except as provided in sub8 section (b) and paragraph (2), the Secretary shall al9 locate to each local educational agency which has an 

10 approved application under this chapter an amount 

11 equal to the product of— 

12 ‘‘(A) the number of Indian children who are 

13 eligible under section 3217 and served by such 

14 agency; and 

15 ‘‘(B) the greater of— 

16 ‘‘(i) the average per pupil expenditure 

17 of the State in which such agency is located; 

18 or 

19 ‘‘(ii) 80 percent of the average per 

20 pupil expenditure in the United States. 

21 ‘‘(2) REDUCTION.—The Secretary shall reduce 

22 the amount of each allocation determined under para23 graph (1) in accordance with subsection (e). 

24 ‘‘(b) MINIMUM GRANT.— 


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1 ‘‘(1) IN GENERAL.—Notwithstanding subsection 

2 (e), a local educational agency or an Indian tribe (as 

3 authorized under section 3212(b)) that is eligible for 

4 a grant under section 3212, and a school that is oper5 ated or supported by the Bureau of Indian Affairs 

6 that is eligible for a grant under subsection (d), that 

7 submits an application that is approved by the Sec8 retary, shall, subject to appropriations, receive a 

9 grant under this chapter in an amount that is not 

10 less than $3,000. 

11 ‘‘(2) CONSORTIA.—Local educational agencies 

12 may form a consortium for the purpose of obtaining 

13 grants under this chapter. 

14 ‘‘(3) INCREASE.—The Secretary may increase 

15 the minimum grant under paragraph (1) to not more 

16 than $4,000 for all grantees if the Secretary deter17 mines such increase is necessary to ensure the quality 

18 of the programs provided. 

19 ‘‘(c) DEFINITION.—For the purpose of this section, the 

20 term ‘average per pupil expenditure of a State’ means an 

21 amount equal to— 

22 ‘‘(1) the sum of the aggregate current expendi23 tures of all the local educational agencies in the State, 

24 plus any direct current expenditures by the State for 

25 the operation of such agencies, without regard to the 


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1 sources of funds from which such local or State ex2 penditures were made, during the second fiscal year 

3 preceding the fiscal year for which the computation is 

4 made; divided by 

5 ‘‘(2) the aggregate number of children who were 

6 included in average daily attendance for whom such 

7 agencies provided free public education during such 

8 preceding fiscal year. 

9 ‘‘(d) SCHOOLS OPERATED OR SUPPORTED BY THE BU10 REAU OF INDIAN AFFAIRS.—(1) Subject to subsection (e), 

11 in addition to the grants awarded under subsection (a), the 

12 Secretary shall allocate to the Secretary of the Interior an 

13 amount equal to the product of— 

14 ‘‘(A) the total number of Indian children en15 rolled in schools that are operated by— 

16 ‘‘(i) the Bureau of Indian Affairs; or 

17 ‘‘(ii) an Indian tribe, or an organization 

18 controlled or sanctioned by an Indian tribal gov19 ernment, for the children of that tribe under a 

20 contract with, or grant from, the Department of 

21 the Interior under the Indian Self-Determination 

22 Act or the Tribally Controlled Schools Act of 

23 1988; and 

24 ‘‘(B) the greater of— 


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1 ‘‘(i) the average per pupil expenditure of the 

2 State in which the school is located; or 

3 ‘‘(ii) 80 percent of the average per pupil ex4 penditure in the United States. 

5 ‘‘(2) Any school described in paragraph (1)(A) that 

6 wishes to receive an allocation under this chapter shall sub7 mit an application in accordance with section 3214, and 

8 shall otherwise be treated as a local educational agency for 

9 the purpose of this chapter, except that such school shall 

10 not be subject to section 3214(c)(4), section 3218(c), or sec11 tion 3219. 

12 ‘‘(e) RATABLE REDUCTIONS.—If the sums appro13 priated for any fiscal year under section 3252(a) are insuf14 ficient to pay in full the amounts determined for local edu15 cational agencies under subsection (a)(1) and for the Sec16 retary of the Interior under subsection (d), each of those 

17 amounts shall be ratably reduced. 

18 ‘‘SEC. 3214. APPLICATIONS. 

19 ‘‘(a) APPLICATION REQUIRED.—Each local edu20 cational agency that desires to receive a grant under this 

21 chapter shall submit an application to the Secretary at such 

22 time, in such manner, and containing such information as 

23 the Secretary may reasonably require. 

24 ‘‘(b) COMPREHENSIVE PROGRAM REQUIRED.—Each 

25 application submitted under subsection (a) shall include a 


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1 comprehensive program for meeting the needs of Indian 

2 children served by the local educational agency, including 

3 the language and cultural needs of the children, that— 

4 ‘‘(1) provides programs and activities to meet the 

5 culturally related academic needs of American Indian 

6 and Alaska Native students; 

7 ‘‘(2)(A) is consistent with State and local plans 

8 under other provisions of this Act; and 

9 ‘‘(B) includes academic content and student per10 formance goals for such children, and benchmarks for 

11 attaining such goals, that are based on the chal12 lenging State standards under title I; 

13 ‘‘(3) explains how Federal, State, and local pro14 grams, especially under title I, will meet the needs of 

15 such students; 

16 ‘‘(4) demonstrates how funds made available 

17 under this chapter will be used for activities described 

18 in section 3215; 

19 ‘‘(5) describes the professional development op20 portunities that will be provided, as needed, to ensure 

21 that— 

22 ‘‘(A) teachers and other school professionals 

23 who are new to the Indian community are pre24 pared to work with Indian children; and 


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1 ‘‘(B) all teachers who will be involved in 

2 programs assisted under this chapter have been 

3 properly trained to carry out such programs; 

4 and 

5 ‘‘(6) describes how the local educational agen6 cy— 

7 ‘‘(A) will periodically assess the progress of 

8 all Indian children enrolled in the schools of the 

9 local educational agency, including Indian chil10 dren who do not participate in programs as11 sisted under this chapter, in meeting the goals 

12 described in paragraph (2); 

13 ‘‘(B) will provide the results of each assess14 ment referred to in subparagraph (A) to— 

15 ‘‘(i) the committee of parents described 

16 in subsection (c)(4); and 

17 ‘‘(ii) the community served by the local 

18 educational agency; and 

19 ‘‘(C) is responding to findings of any pre20 vious assessments that are similar to the assess21 ments described in subparagraph (A). 

22 ‘‘(c) ASSURANCES.—Each application submitted 

23 under subsection (a) shall include assurances that— 

24 ‘‘(1) the local educational agency will use funds 

25 received under this chapter only to supplement the 


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1 level of funds that, in the absence of the Federal funds 

2 made available under this chapter, such agency would 

3 make available for the education of Indian children, 

4 and not to supplant such funds; 

5 ‘‘(2) the local educational agency will submit 

6 such reports to the Secretary, in such form and con7 taining such information, as the Secretary may re8 quire to— 

9 ‘‘(A) carry out the functions of the Sec10 retary under this chapter; and 

11 ‘‘(B) determine the extent to which funds 

12 provided to the local educational agency under 

13 this chapter are effective in improving the edu14 cational achievement of Indian students served 

15 by such agency; 

16 ‘‘(3) the program for which assistance is 

17 sought— 

18 ‘‘(A) is based on a comprehensive local as19 sessment and prioritization of the unique edu20 cational and culturally related academic needs of 

21 the American Indian and Alaska Native students 

22 to whom the local educational agency is pro23 viding an education; 


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1 ‘‘(B) will use the best available talents and 

2 resources, including individuals from the Indian 

3 community; and 

4 ‘‘(C) was developed by such agency in open 

5 consultation with parents of Indian children and 

6 teachers, and, if appropriate, Indian students 

7 from secondary schools, including public hear8 ings held by such agency to provide the individ9 uals described in this subparagraph a full oppor10 tunity to understand the program and to offer 

11 recommendations regarding the program; and 

12 ‘‘(4) the local educational agency developed the 

13 program with the participation and written approval 

14 of a committee— 

15 ‘‘(A) that is composed of, and selected by— 

16 ‘‘(i) parents of Indian children in the 

17 local educational agency’s schools and 

18 teachers; and 

19 ‘‘(ii) if appropriate, Indian students 

20 attending secondary schools; 

21 ‘‘(B) a majority of whose members are par22 ents of Indian children; 

23 ‘‘(C) that sets forth such policies and proce24 dures, including policies and procedures relating 

25 to the hiring of personnel, as will ensure that the 


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1 program for which assistance is sought will be 

2 operated and evaluated in consultation with, and 

3 with the involvement of, parents of the children, 

4 and representatives of the area, to be served; 

5 ‘‘(D) with respect to an application describ6 ing a schoolwide program in accordance with 

7 section 3215(c), that has— 

8 ‘‘(i) reviewed in a timely fashion the 

9 program; and 

10 ‘‘(ii) determined that the program will 

11 not diminish the availability of culturally 

12 related activities for American Indian and 

13 Alaskan Native students; and 

14 ‘‘(E) that has adopted reasonable bylaws for 

15 the conduct of the activities of the committee and 

16 abides by such bylaws. 

17 ‘‘SEC. 3215. AUTHORIZED SERVICES AND ACTIVITIES. 

18 ‘‘(a) GENERAL REQUIREMENTS.—Each local edu19 cational agency that receives a grant under this chapter 

20 shall use the grant funds, in a manner consistent with the 

21 purpose specified in section 3211, for services and activities 

22 that— 

23 ‘‘(1) are designed to carry out the comprehensive 

24 program of the local educational agency for Indian 

25 students, and described in the application of the local 


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1 educational agency submitted to the Secretary under 

2 section 3214(b); 

3 ‘‘(2) are designed with special regard for the lan4 guage and cultural needs of the Indian students; and 

5 ‘‘(3) supplement and enrich the regular school 

6 program of such agency. 

7 ‘‘(b) PARTICULAR ACTIVITIES.—The services and ac8 tivities referred to in subsection (a) may include— 

9 ‘‘(1) culturally related activities that support the 

10 program described in the application submitted by 

11 the local educational agency; 

12 ‘‘(2) early childhood and family programs that 

13 emphasize school readiness; 

14 ‘‘(3) enrichment programs that focus on problem 

15 solving and cognitive skills development and directly 

16 support the attainment of challenging State academic 

17 content standards and State student academic 

18 achievement standards; 

19 ‘‘(4) integrated educational services in combina20 tion with other programs that meet the needs of In21 dian children and their families; 

22 ‘‘(5) career preparation activities to enable In23 dian students to participate in programs such as the 

24 programs supported by the Carl D. Perkins Voca25 tional and Technical Education Act of 1998, includVerDate Mar 15 2010 15:07 Jun 10, 2011 Jkt 223001 PO 00000 Frm 00455 Fmt 6652 Sfmt 6203 E:\ERIC\H1.RH2 H1

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1 ing programs for tech-prep, mentoring, and appren2 ticeship; 

3 ‘‘(6) activities to educate individuals concerning 

4 substance abuse and to prevent substance abuse; 

5 ‘‘(7) the acquisition of equipment, but only if the 

6 acquisition of the equipment is essential to meet the 

7 purposes described in section 3211; and 

8 ‘‘(8) family literacy services. 

9 ‘‘(c) SCHOOLWIDE PROGRAMS.—Notwithstanding any 

10 other provision of law, a local educational agency may use 

11 funds made available to such agency under this chapter to 

12 support a schoolwide program under section 1114 if— 

13 ‘‘(1) the committee composed of parents estab14 lished pursuant to section 3214(c)(4) approves the use 

15 of the funds for the schoolwide program; and 

16 ‘‘(2) the schoolwide program is consistent with 

17 the purposes described in section 3211. 

18 ‘‘(d) LIMITATION ON ADMINISTRATIVE COSTS.—Not 

19 more than 5 percent of the funds provided to a grantee 

20 under this chapter for any fiscal year may be used for ad21 ministrative purposes. 

22 ‘‘SEC. 3216. INTEGRATION OF SERVICES AUTHORIZED. 

23 ‘‘(a) PLAN.—An entity receiving funds under this 

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1 tion of education and related services provided to Indian 

2 students. 

3 ‘‘(b) COORDINATION OF PROGRAMS.—Upon the receipt 

4 of an acceptable plan, the Secretary, in cooperation with 

5 each Federal agency providing grants for the provision of 

6 education and related services to the applicant, shall au7 thorize the applicant to coordinate, in accordance with such 

8 plan, its federally funded education and related services 

9 programs, or portions thereof, serving Indian students in 

10 a manner that integrates the program services involved into 

11 a single, coordinated, comprehensive program and reduces 

12 administrative costs by consolidating administrative func13 tions. 

14 ‘‘(c) PROGRAMS AFFECTED.—The funds that may be 

15 consolidated in a demonstration project under any such 

16 plan referred to in subsection (b) shall include funds for 

17 any Federal program exclusively serving Indian children 

18 or the funds reserved under any program to exclusively 

19 serve Indian children under which the applicant is eligible 

20 for receipt of funds under a statutory or administrative for21 mula for the purposes of providing education and related 

22 services which would be used to serve Indian students. 

23 ‘‘(d) PLAN REQUIREMENTS.—For a plan to be accept24 able pursuant to subsection (b), it shall— 


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1 ‘‘(1) identify the programs or funding sources to 

2 be consolidated; 

3 ‘‘(2) be consistent with the purposes of this sec4 tion authorizing the services to be integrated in a 

5 demonstration project; 

6 ‘‘(3) describe a comprehensive strategy which 

7 identifies the full range of potential educational op8 portunities and related services to be provided to as9 sist Indian students to achieve the goals set forth in 

10 this chapter; 

11 ‘‘(4) describe the way in which services are to be 

12 integrated and delivered and the results expected from 

13 the plan; 

14 ‘‘(5) identify the projected expenditures under 

15 the plan in a single budget; 

16 ‘‘(6) identify the local, State, or tribal agency or 

17 agencies to be involved in the delivery of the services 

18 integrated under the plan; 

19 ‘‘(7) identify any statutory provisions, regula20 tions, policies, or procedures that the applicant be21 lieves need to be waived in order to implement its 

22 plan; 

23 ‘‘(8) set forth measures of student achievement 

24 and performance goals designed to be met within a 

25 specified period of time; and 


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1 ‘‘(9) be approved by a parent committee formed 

2 in accordance with section 3214(c)(4), if such a com3 mittee exists. 

4 ‘‘(e) PLAN REVIEW.—Upon receipt of the plan from 

5 an eligible entity, the Secretary shall consult with the Sec6 retary of each Federal department providing funds to be 

7 used to implement the plan, and with the entity submitting 

8 the plan. The parties so consulting shall identify any waiv9 ers of statutory requirements or of Federal departmental 

10 regulations, policies, or procedures necessary to enable the 

11 applicant to implement its plan. Notwithstanding any 

12 other provision of law, the Secretary of the affected depart13 ment or departments shall have the authority to waive any 

14 regulation, policy, or procedure promulgated by that de15 partment that has been so identified by the applicant or 

16 department, unless the Secretary of the affected department 

17 determines that such a waiver is inconsistent with the in18 tent of this chapter or those provisions of the statute from 

19 which the program involved derives its authority which are 

20 specifically applicable to Indian students. 

21 ‘‘(f) PLAN APPROVAL.—Within 90 days after the re22 ceipt of an applicant’s plan by the Secretary, the Secretary 

23 shall inform the applicant, in writing, of the Secretary’s 

24 approval or disapproval of the plan. If the plan is dis25 approved, the applicant shall be informed, in writing, of 


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1 the reasons for the disapproval and shall be given an oppor2 tunity to amend its plan or to petition the Secretary to 

3 reconsider such disapproval. 

4 ‘‘(g) RESPONSIBILITIES OF DEPARTMENT OF EDU5 CATION.—Not later than 180 days after the date of the en6 actment of the No Child Left Behind Act of 2001, the Sec7 retary of Education, the Secretary of the Interior, and the 

8 head of any other Federal department or agency identified 

9 by the Secretary of Education, shall enter into an inter10 departmental memorandum of agreement providing for the 

11 implementation of the demonstration projects authorized 

12 under this section. The lead agency head for a demonstra13 tion program under this section shall be— 

14 ‘‘(1) the Secretary of the Interior, in the case of 

15 applicant meeting the definition of contract or grant 

16 school under title XI of the Education Amendments of 

17 1978; or 

18 ‘‘(2) the Secretary of Education, in the case of 

19 any other applicant. 

20 ‘‘(h) RESPONSIBILITIES OF LEAD AGENCY.—The re21 sponsibilities of the lead agency shall include— 

22 ‘‘(1) the use of a single report format related to 

23 the plan for the individual project which shall be used 

24 by an eligible entity to report on the activities under25 taken under the project; 


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1 ‘‘(2) the use of a single report format related to 

2 the projected expenditures for the individual project 

3 which shall be used by an eligible entity to report on 

4 all project expenditures; 

5 ‘‘(3) the development of a single system of Fed6 eral oversight for the project, which shall be imple7 mented by the lead agency; and 

8 ‘‘(4) the provision of technical assistance to an 

9 eligible entity appropriate to the project, except that 

10 an eligible entity shall have the authority to accept or 

11 reject the plan for providing such technical assistance 

12 and the technical assistance provider. 

13 ‘‘(i) REPORT REQUIREMENTS.—A single report format 

14 shall be developed by the Secretary, consistent with the re15 quirements of this section. Such report format, together with 

16 records maintained on the consolidated program at the local 

17 level, shall contain such information as will allow a deter18 mination that the eligible entity has complied with the re19 quirements incorporated in its approved plan, including 

20 the demonstration of student achievement, and will provide 

21 assurances to each Secretary that the eligible entity has 

22 complied with all directly applicable statutory requirements 

23 and with those directly applicable regulatory requirements 

24 which have not been waived. 


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1 ‘‘(j) NO REDUCTION IN AMOUNTS.—In no case shall 

2 the amount of Federal funds available to an eligible entity 

3 involved in any demonstration project be reduced as a re4 sult of the enactment of this section. 

5 ‘‘(k) INTERAGENCY FUND TRANSFERS AUTHORIZED.— 

6 The Secretary is authorized to take such action as may be 

7 necessary to provide for an interagency transfer of funds 

8 otherwise available to an eligible entity in order to further 

9 the purposes of this section. 

10 ‘‘(l) ADMINISTRATION OF FUNDS.— 

11 ‘‘(1) IN GENERAL.—Program funds shall be ad12 ministered in such a manner as to allow for a deter13 mination that funds from specific a program or pro14 grams are spent on allowable activities authorized 

15 under such program, except that the eligible entity 

16 shall determine the proportion of the funds granted 

17 which shall be allocated to such program. 

18 ‘‘(2) SEPARATE RECORDS NOT REQUIRED.— 

19 Nothing in this section shall be construed as requiring 

20 the eligible entity to maintain separate records trac21 ing any services or activities conducted under its ap22 proved plan to the individual programs under which 

23 funds were authorized, nor shall the eligible entity be 

24 required to allocate expenditures among such indi25 vidual programs. 


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1 ‘‘(m) OVERAGE.—All administrative costs may be 

2 commingled and participating entities shall be entitled to 

3 the full amount of such costs (under each program or de4 partment’s regulations), and no overage shall be counted for 

5 Federal audit purposes, provided that the overage is used 

6 for the purposes provided for under this section. 

7 ‘‘(n) FISCAL ACCOUNTABILITY.—Nothing in this sub8 part shall be construed so as to interfere with the ability 

9 of the Secretary or the lead agency to fulfill the responsibil10 ities for the safeguarding of Federal funds pursuant to the 

11 Single Audit Act of 1984. 

12 ‘‘(o) REPORT ON STATUTORY OBSTACLES TO PROGRAM

13 INTEGRATION.— 

14 ‘‘(1) PRELIMINARY REPORT.—Not later than 2 

15 years after the date of the enactment of the No Child 

16 Left Behind Act of 2001, the Secretary of Education 

17 shall submit a preliminary report to the Committee 

18 on Health, Education, Labor, and Pensions of the 

19 Senate and the Committee on Education and the 

20 Workforce of the House of Representatives on the sta21 tus of the implementation of the demonstration pro22 gram authorized under this section. 

23 ‘‘(2) FINAL REPORT.—Not later than 5 years 

24 after the date of the enactment of the No Child Left 

25 Behind Act of 2001, the Secretary of Education shall 


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1 submit a report to the Committee on Health, Edu2 cation, Labor, and Pensions of the Senate and the 

3 Committee on Education and the Workforce of the 

4 House of Representatives on the results of the imple5 mentation of the demonstration program authorized 

6 under this section. Such report shall identify statu7 tory barriers to the ability of participants to inte8 grate more effectively their education and related 

9 services to Indian students in a manner consistent 

10 with the purposes of this section. 

11 ‘‘(p) DEFINITIONS.—For the purposes of this section, 

12 the term ‘Secretary’ means— 

13 ‘‘(1) the Secretary of the Interior, in the case of 

14 applicant meeting the definition of contract or grant 

15 school under title XI of the Education Amendments of 

16 1978; or 

17 ‘‘(2) the Secretary of Education, in the case of 

18 any other applicant. 

19 ‘‘SEC. 3217. STUDENT ELIGIBILITY FORMS. 

20 ‘‘(a) IN GENERAL.—The Secretary shall require that, 

21 as part of an application for a grant under this chapter, 

22 each applicant shall maintain a file, with respect to each 

23 Indian child for whom the local educational agency pro24 vides a free public education, that contains a form that sets 

25 forth information establishing the status of the child as an 


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1 Indian child eligible for assistance under this chapter and 

2 that otherwise meets the requirements of subsection (b). 

3 ‘‘(b) FORMS.— 

4 ‘‘(1) IN GENERAL.—The form described in sub5 section (a) shall include— 

6 ‘‘(A) either— 

7 ‘‘(i)(I) the name of the tribe or band of 

8 Indians (as described in section 3251(3)) 

9 with respect to which the child claims mem10 bership; 

11 ‘‘(II) the enrollment number estab12 lishing the membership of the child (if read13 ily available); and 

14 ‘‘(III) the name and address of the or15 ganization that maintains updated and ac16 curate membership data for such tribe or 

17 band of Indians; or 

18 ‘‘(ii) if the child is not a member of a 

19 tribe or band of Indians, the name, the en20 rollment number (if readily available), and 

21 the organization (and address thereof) re22 sponsible for maintaining updated and ac23 curate membership rolls of the tribe of any 

24 parent or grandparent of the child from 

25 whom the child claims eligibility; 


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1 ‘‘(B) a statement of whether the tribe or 

2 band of Indians with respect to which the child, 

3 parent, or grandparent of the child claims mem4 bership is federally recognized; 

5 ‘‘(C) the name and address of the parent or 

6 legal guardian of the child; 

7 ‘‘(D) a signature of the parent or legal 

8 guardian of the child that verifies the accuracy 

9 of the information supplied; and 

10 ‘‘(E) any other information that the Sec11 retary considers necessary to provide an accurate 

12 program profile. 

13 ‘‘(2) MINIMUM INFORMATION.—In order for a 

14 child to be eligible to be counted for the purpose of 

15 computing the amount of a grant award made under 

16 section 3213, an eligibility form prepared pursuant to 

17 this section for a child shall include— 

18 ‘‘(A) the name of the child; 

19 ‘‘(B) the name of the tribe or band of Indi20 ans (as described in section 3251(3)) with re21 spect to which the child claims eligibility; and 

22 ‘‘(C) the dated signature of the parent or 

23 guardian of the child. 

24 ‘‘(3) FAILURE.—The failure of an applicant to 

25 furnish any information described in this subsection 


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1 other than the information described in paragraph 

2 (2) with respect to any child shall have no bearing on 

3 the determination of whether the child is an eligible 

4 Indian child for the purposes of determining the 

5 amount of a grant award made under section 3213. 

6 ‘‘(c) STATUTORY CONSTRUCTION.—Nothing in this sec7 tion shall be construed to affect a definition contained in 

8 section 3251. 

9 ‘‘(d) FORMS AND STANDARDS OF PROOF.—The forms 

10 and the standards of proof (including the standard of good 

11 faith compliance) that were in use during the 1985–1986 

12 academic year to establish the eligibility of a child for enti13 tlement under the Indian Elementary and Secondary 

14 School Assistance Act shall be the forms and standards of 

15 proof used— 

16 ‘‘(1) to establish such eligibility; and 

17 ‘‘(2) to meet the requirements of subsection (a). 

18 ‘‘(e) DOCUMENTATION.—For purposes of determining 

19 whether a child is eligible to be counted for the purpose of 

20 computing the amount of a grant under section 3213, the 

21 membership of the child, or any parent or grandparent of 

22 the child, in a tribe or band of Indians may be established 

23 by proof other than an enrollment number, notwithstanding 

24 the availability of an enrollment number for a member of 


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1 such tribe or band. Nothing in subsection (b) shall be con2 strued to require the furnishing of an enrollment number. 

3 ‘‘(f) MONITORING AND EVALUATION REVIEW.— 

4 ‘‘(1) IN GENERAL.—(A) For each fiscal year, in 

5 order to provide such information as is necessary to 

6 carry out the responsibility of the Secretary to pro7 vide technical assistance under this chapter, the Sec8 retary shall conduct a monitoring and evaluation re9 view of a sampling of the recipients of grants under 

10 this chapter. The sampling conducted under this sub11 paragraph shall take into account the size of the local 

12 educational agency and the geographic location of 

13 such agency. 

14 ‘‘(B) A local educational agency may not be held 

15 liable to the United States or be subject to any pen16 alty, by reason of the findings of an audit that relates 

17 to the date of completion, or the date of submission, 

18 of any forms used to establish, before April 28, 1988, 

19 the eligibility of a child for entitlement under the In20 dian Elementary and Secondary School Assistance 

21 Act. 

22 ‘‘(2) FALSE INFORMATION.—Any local edu23 cational agency that provides false information in an 

24 application for a grant under this chapter shall— 


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1 ‘‘(A) be ineligible to apply for any other 

2 grant under this subpart; and 

3 ‘‘(B) be liable to the United States for any 

4 funds that have not been expended. 

5 ‘‘(3) EXCLUDED CHILDREN.—A student who pro6 vides false information for the form required under 

7 subsection (a) shall not be counted for the purpose of 

8 computing the amount of a grant under section 3213. 

9 ‘‘(g) TRIBAL GRANT AND CONTRACT SCHOOLS.—Not10 withstanding any other provision of this section, in award11 ing funds under this chapter to a tribal school that receives 

12 a grant or contract from the Bureau of Indian Affairs, the 

13 Secretary shall use only one of the following, as selected by 

14 the school: 

15 ‘‘(1) A count of the number of students in those 

16 schools certified by the Bureau. 

17 ‘‘(2) A count of the number of students for whom 

18 the school has eligibility forms that comply with this 

19 section. 

20 ‘‘(h) TIMING OF CHILD COUNTS.—For purposes of de21 termining the number of children to be counted in calcu22 lating the amount of a local educational agency’s grant 

23 under this chapter (other than in the case described in sub24 section (g)(1)), the local educational agency shall— 


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1 ‘‘(1) establish a date on, or a period not longer 

2 than 31 consecutive days during which, the agency 

3 counts those children, so long as that date or period 

4 occurs before the deadline established by the Secretary 

5 for submitting an application under section 3214; 

6 and 

7 ‘‘(2) determine that each such child was enrolled, 

8 and receiving a free public education, in a school of 

9 the agency on that date or during that period, as the 

10 case may be. 

11 ‘‘SEC. 3218. PAYMENTS. 

12 ‘‘(a) IN GENERAL.—Subject to subsections (b) and (c), 

13 the Secretary shall pay to each local educational agency 

14 that submits an application that is approved by the Sec15 retary under this chapter the amount determined under sec16 tion 3213. The Secretary shall notify the local educational 

17 agency of the amount of the payment not later than June 

18 1 of the year for which the Secretary makes the payment. 

19 ‘‘(b) PAYMENTS TAKEN INTO ACCOUNT BY THE

20 STATE.—The Secretary may not make a grant under this 

21 chapter to a local educational agency for a fiscal year if, 

22 for such fiscal year, the State in which the local educational 

23 agency is located takes into consideration payments made 

24 under this chapter in determining the eligibility of the local 

25 educational agency for State aid, or the amount of the State 


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1 aid, with respect to the free public education of children 

2 during such fiscal year or the preceding fiscal year. 

3 ‘‘(c) REDUCTION OF PAYMENT FOR FAILURE TO MAIN4 TAIN FISCAL EFFORT.— 

5 ‘‘(1) IN GENERAL.—The Secretary may not pay 

6 a local educational agency the full amount of a grant 

7 award determined under section 3213 for any fiscal 

8 year unless the State educational agency notifies the 

9 Secretary, and the Secretary determines that, with re10 spect to the provision of free public education by the 

11 local educational agency for the preceding fiscal year, 

12 the combined fiscal effort of the local educational 

13 agency and the State, computed on either a per stu14 dent or aggregate expenditure basis, was not less than 

15 90 percent of the amount of the combined fiscal effort, 

16 computed on the same basis, for the second preceding 

17 fiscal year. 

18 ‘‘(2) FAILURE TO MAINTAIN EFFORT.—If, for any 

19 fiscal year, the Secretary determines that a local edu20 cational agency failed to maintain the fiscal effort of 

21 such agency at the level specified in paragraph (1), 

22 the Secretary shall— 

23 ‘‘(A) reduce the amount of the grant that 

24 would otherwise be made to such agency under 

25 this chapter in the exact proportion of such 


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1 agency’s failure to maintain its fiscal effort at 

2 such level; and 

3 ‘‘(B) not use the reduced amount of the 

4 agency’s expenditures for the preceding year to 

5 determine compliance with paragraph (1) for 

6 any succeeding fiscal year, but shall use the 

7 amount of expenditures that would have been re8 quired to comply with paragraph (1). 

9 ‘‘(3) WAIVER.—(A) The Secretary may waive the 

10 requirement of paragraph (1), for not more than 1 

11 year at a time, if the Secretary determines that the 

12 failure to comply with such requirement is due to ex13 ceptional or uncontrollable circumstances, such as a 

14 natural disaster or a precipitous and unforeseen de15 cline in the agency’s financial resources. 

16 ‘‘(B) The Secretary shall not use the reduced 

17 amount of such agency’s expenditures for the fiscal 

18 year preceding the fiscal year for which a waiver is 

19 granted to determine compliance with paragraph (1) 

20 for any succeeding fiscal year, but shall use the 

21 amount of expenditures that would have been required 

22 to comply with paragraph (1) in the absence of the 

23 waiver. 


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1 ‘‘(d) REALLOCATIONS.—The Secretary may reallocate, 

2 in a manner that the Secretary determines will best carry 

3 out the purpose of this chapter, any amounts that— 

4 ‘‘(1) based on estimates made by local edu5 cational agencies or other information, the Secretary 

6 determines will not be needed by such agencies to 

7 carry out approved programs under this chapter; or 

8 ‘‘(2) otherwise become available for reallocation 

9 under this chapter. 

10 ‘‘SEC. 3219. STATE EDUCATIONAL AGENCY REVIEW. 

11 ‘‘Before submitting an application to the Secretary 

12 under section 3214, a local educational agency shall submit 

13 the application to the State educational agency, which may 

14 comment on such application. If the State educational 

15 agency comments on the application, it shall comment on 

16 all applications submitted by local educational agencies in 

17 the State and shall provide those comments to the respective 

18 local educational agencies, with an opportunity to respond. 

19 ‘‘CHAPTER 2—SPECIAL PROGRAMS AND 

20 PROJECTS TO IMPROVE EDUCATIONAL 

21 OPPORTUNITIES FOR INDIAN CHIL22 DREN 

23 ‘‘SEC. 3221. IMPROVEMENT OF EDUCATIONAL OPPORTUNI24 TIES FOR INDIAN CHILDREN. 

25 ‘‘(a) PURPOSE.— 


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1 ‘‘(1) IN GENERAL.—It is the purpose of this sec2 tion to support projects to develop, test, and dem3 onstrate the effectiveness of services and programs to 

4 improve educational opportunities and achievement of 

5 Indian children. 

6 ‘‘(2) COORDINATION.—The Secretary shall take 

7 such actions as are necessary to achieve the coordina8 tion of activities assisted under this chapter with— 

9 ‘‘(A) other programs funded under this Act; 

10 and 

11 ‘‘(B) other Federal programs operated for 

12 the benefit of American Indian and Alaska Na13 tive children. 

14 ‘‘(b) ELIGIBLE ENTITIES.—For the purpose of this sec15 tion, the term ‘eligible entity’ means a State educational 

16 agency, local educational agency, Indian tribe, Indian or17 ganization, federally supported elementary and secondary 

18 school for Indian students, Indian institution, including an 

19 Indian institution of higher education, or a consortium of 

20 such institutions. 

21 ‘‘(c) GRANTS AUTHORIZED.— 

22 ‘‘(1) IN GENERAL.—The Secretary shall award 

23 grants to eligible entities to enable such entities to 

24 carry out activities that meet the purpose specified in 

25 subsection (a)(1), including— 


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1 ‘‘(A) innovative programs related to the 

2 educational needs of educationally disadvantaged 

3 children; 

4 ‘‘(B) educational services that are not avail5 able to such children in sufficient quantity or 

6 quality, including remedial instruction, to raise 

7 the achievement of Indian children in one or 

8 more of the core academic subjects of English, 

9 mathematics, science, foreign languages, art, his10 tory, and geography; 

11 ‘‘(C) bilingual and bicultural programs and 

12 projects; 

13 ‘‘(D) special health and nutrition services, 

14 and other related activities, that address the 

15 unique health, social, and psychological problems 

16 of Indian children; 

17 ‘‘(E) special compensatory and other pro18 grams and projects designed to assist and en19 courage Indian children to enter, remain in, or 

20 reenter school, and to increase the rate of sec21 ondary school graduation; 

22 ‘‘(F) comprehensive guidance, counseling, 

23 and testing services; 

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1 grams that emphasize school readiness and pa2 rental skills, and the provision of services to In3 dian children with disabilities; 

4 ‘‘(H) partnership projects between local edu5 cational agencies and institutions of higher edu6 cation that allow secondary school students to 

7 enroll in courses at the postsecondary level to aid 

8 such students in the transition from secondary 

9 school to postsecondary education; 

10 ‘‘(I) partnership projects between schools 

11 and local businesses for career preparation pro12 grams designed to provide Indian youth with the 

13 knowledge and skills such youth need to make an 

14 effective transition from school to a high-skill, 

15 high-wage career; 

16 ‘‘(J) programs designed to encourage and 

17 assist Indian students to work toward, and gain 

18 entrance into, an institution of higher education; 

19 ‘‘(K) family literacy services; or 

20 ‘‘(L) other services that meet the purpose de21 scribed in subsection (a)(1). 

22 ‘‘(2) PROFESSIONAL DEVELOPMENT.—Profes23 sional development of teaching professionals and 

24 paraprofessional may be a part of any program as25 sisted under this section. 


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1 ‘‘(d) GRANT REQUIREMENTS AND APPLICATIONS.— 

2 ‘‘(1) GRANT REQUIREMENTS.—(A) The Secretary 

3 may make multiyear grants under this section for the 

4 planning, development, pilot operation, or demonstra5 tion of any activity described in subsection (c) for a 

6 period not to exceed 5 years. 

7 ‘‘(B) In making multiyear grants under this sec8 tion, the Secretary shall give priority to applications 

9 that present a plan for combining two or more of the 

10 activities described in subsection (c) over a period of 

11 more than 1 year. 

12 ‘‘(C) The Secretary shall make a grant payment 

13 to an eligible entity after the initial year of the 

14 multiyear grant only if the Secretary determines that 

15 the eligible entity has made substantial progress in 

16 carrying out the activities assisted under the grant in 

17 accordance with the application submitted under 

18 paragraph (2) and any subsequent modifications to 

19 such application. 

20 ‘‘(D)(i) In addition to awarding the multiyear 

21 grants described in subparagraph (A), the Secretary 

22 may award grants to eligible entities for the dissemi23 nation of exemplary materials or programs assisted 

24 under this section. 


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1 ‘‘(ii) The Secretary may award a dissemination 

2 grant under this subparagraph if, prior to awarding 

3 the grant, the Secretary determines that the material 

4 or program to be disseminated has been adequately 

5 reviewed and has demonstrated— 

6 ‘‘(I) educational merit; and 

7 ‘‘(II) the ability to be replicated. 

8 ‘‘(2) APPLICATION.—(A) Any eligible entity that 

9 desires to receive a grant under this section shall sub10 mit an application to the Secretary at such time and 

11 in such manner as the Secretary may require. 

12 ‘‘(B) Each application submitted to the Sec13 retary under subparagraph (A), other than an appli14 cation for a dissemination grant under paragraph 

15 (1)(D), shall contain— 

16 ‘‘(i) a description of how parents of Indian 

17 children and representatives of Indian tribes 

18 have been, and will be, involved in developing 

19 and implementing the activities for which assist20 ance is sought; 

21 ‘‘(ii) assurances that the applicant will par22 ticipate, at the request of the Secretary, in any 

23 national evaluation of activities assisted under 

24 this section; 


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1 ‘‘(iii) information demonstrating that the 

2 proposed program is either a research-based pro3 gram (which may be a research-based program 

4 that has been modified to be culturally appro5 priate for the students who will be served); 

6 ‘‘(iv) a description of how the applicant 

7 will incorporate the proposed services into the 

8 ongoing school program once the grant period is 

9 over; and 

10 ‘‘(v) such other assurances and information 

11 as the Secretary may reasonably require. 

12 ‘‘(e) ADMINISTRATIVE COSTS.—Not more than 5 per13 cent of the funds provided to a grantee under this chapter 

14 for any fiscal year may be used for administrative pur15 poses. 

16 ‘‘SEC. 3222. PROFESSIONAL DEVELOPMENT FOR TEACHERS 

17 AND EDUCATION PROFESSIONALS. 

18 ‘‘(a) PURPOSES.—The purposes of this section are— 

19 ‘‘(1) to increase the number of qualified Indian 

20 individuals in teaching or other education professions 

21 that serve Indian people; 

22 ‘‘(2) to provide training to qualified Indian in23 dividuals to enable such individuals to become teach24 ers, administrators, teacher aides, social workers, and 

25 ancillary educational personnel; and 


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1 ‘‘(3) to improve the skills of qualified Indian in2 dividuals who serve in the capacities described in 

3 paragraph (2). 

4 ‘‘(b) ELIGIBLE ENTITIES.—For the purpose of this sec5 tion, the term ‘eligible entity’ means— 

6 ‘‘(1) an institution of higher education, includ7 ing an Indian institution of higher education; 

8 ‘‘(2) a State or local educational agency, in con9 sortium with an institution of higher education; and 

10 ‘‘(3) an Indian tribe or organization, in consor11 tium with an institution of higher education. 

12 ‘‘(c) PROGRAM AUTHORIZED.—The Secretary is au13 thorized to award grants to eligible entities having applica14 tions approved under this section to enable such entities to 

15 carry out the activities described in subsection (d). 

16 ‘‘(d) AUTHORIZED ACTIVITIES.— 

17 ‘‘(1) IN GENERAL.—Grant funds under this sec18 tion shall be used to provide support and training for 

19 Indian individuals in a manner consistent with the 

20 purposes of this section. Such activities may include 

21 but are not limited to, continuing programs, 

22 symposia, workshops, conferences, and direct finan23 cial support. 

24 ‘‘(2) SPECIAL RULES.—(A) For education per25 sonnel, the training received pursuant to a grant 


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1 under this section may be inservice or preservice 

2 training. 

3 ‘‘(B) For individuals who are being trained to 

4 enter any field other than teaching, the training re5 ceived pursuant to a grant under this section shall be 

6 in a program that results in a graduate degree. 

7 ‘‘(e) APPLICATION.—Each eligible entity desiring a 

8 grant under this section shall submit an application to the 

9 Secretary at such time, in such manner and accompanied 

10 by such information, as the Secretary may reasonably re11 quire. 

12 ‘‘(f) SPECIAL RULE.—In making grants under this 

13 section, the Secretary— 

14 ‘‘(1) shall consider the prior performance of the 

15 eligible entity; and 

16 ‘‘(2) may not limit eligibility to receive a grant 

17 under this section on the basis of— 

18 ‘‘(A) the number of previous grants the Sec19 retary has awarded such entity; or 

20 ‘‘(B) the length of any period during which 

21 such entity received such grants. 

22 ‘‘(g) GRANT PERIOD.—Each grant under this section 

23 shall be awarded for a period of not more than 5 years. 

24 ‘‘(h) SERVICE OBLIGATION.— 


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1 ‘‘(1) IN GENERAL.—The Secretary shall require, 

2 by regulation, that an individual who receives train3 ing pursuant to a grant made under this section— 

4 ‘‘(A) perform work— 

5 ‘‘(i) related to the training received 

6 under this section; and 

7 ‘‘(ii) that benefits Indian people; or 

8 ‘‘(B) repay all or a prorated part of the as9 sistance received. 

10 ‘‘(2) REPORTING.—The Secretary shall establish, 

11 by regulation, a reporting procedure under which a 

12 grant recipient under this section shall, not later than 

13 12 months after the date of completion of the train14 ing, and periodically thereafter, provide information 

15 concerning the compliance of such recipient with the 

16 work requirement under paragraph (1). 

17 ‘‘CHAPTER 3—NATIONAL RESEARCH 

18 ACTIVITIES 

19 ‘‘SEC. 3231. NATIONAL ACTIVITIES. 

20 ‘‘(a) AUTHORIZED ACTIVITIES.—The Secretary may 

21 use funds made available under section 3252(b) for each 

22 fiscal year to— 

23 ‘‘(1) conduct research related to effective ap24 proaches for the education of Indian children and 

25 adults; 


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1 ‘‘(2) evaluate federally assisted education pro2 grams from which Indian children and adults may 

3 benefit; 

4 ‘‘(3) collect and analyze data on the educational 

5 status and needs of Indians; and 

6 ‘‘(4) carry out other activities that are consistent 

7 with the purpose of this subpart. 

8 ‘‘(b) ELIGIBILITY.—The Secretary may carry out any 

9 of the activities described in subsection (a) directly or 

10 through grants to, or contracts or cooperative agreements 

11 with Indian tribes, Indian organizations, State educational 

12 agencies, local educational agencies, institutions of higher 

13 education, including Indian institutions of higher edu14 cation, and other public and private agencies and 

15 institutions. 

16 ‘‘(c) COORDINATION.—Research activities supported 

17 under this section— 

18 ‘‘(1) shall be carried out in consultation with the 

19 Office of Educational Research and Improvement to 

20 assure that such activities are coordinated with and 

21 enhance the research and development activities sup22 ported by the Office; and 

23 ‘‘(2) may include collaborative research activities 

24 which are jointly funded and carried out by the Office 


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1 of Indian Education Programs and the Office of Edu2 cational Research and Improvement. 

3 ‘‘CHAPTER 4—FEDERAL ADMINISTRATION 

4 ‘‘SEC. 3241. NATIONAL ADVISORY COUNCIL ON INDIAN EDU5 CATION. 

6 ‘‘(a) MEMBERSHIP.—There is established a National 

7 Advisory Council on Indian Education (hereafter in this 

8 section referred to as the ‘Council’), which shall— 

9 ‘‘(1) consist of 15 Indian members, who shall be 

10 appointed by the President from lists of nominees fur11 nished, from time-to-time, by Indian tribes and orga12 nizations; and 

13 ‘‘(2) represent different geographic areas of the 

14 United States. 

15 ‘‘(b) DUTIES.—The Council shall— 

16 ‘‘(1) advise the Secretary concerning the funding 

17 and administration (including the development of 

18 regulations and administrative policies and practices) 

19 of any program, including any program established 

20 under this subpart— 

21 ‘‘(A) with respect to which the Secretary has 

22 jurisdiction; and 

23 ‘‘(B)(i) that includes Indian children or 

24 adults as participants; or 


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1 ‘‘(ii) that may benefit Indian children or 

2 adults; 

3 ‘‘(2) make recommendations to the Secretary for 

4 filling the position of Director of Indian Education 

5 whenever a vacancy occurs; and 

6 ‘‘(3) submit to the Congress, not later than June 

7 30 of each year, a report on the activities of the Coun8 cil, including— 

9 ‘‘(A) any recommendations that the Council 

10 considers appropriate for the improvement of 

11 Federal education programs that include Indian 

12 children or adults as participants, or that may 

13 benefit Indian children or adults; and 

14 ‘‘(B) recommendations concerning the fund15 ing of any program described in subparagraph 

16 (A). 

17 ‘‘SEC. 3242. PEER REVIEW. 

18 ‘‘The Secretary may use a peer review process to re19 view applications submitted to the Secretary under chapter 

20 2 or 3. 

21 ‘‘SEC. 3243. PREFERENCE FOR INDIAN APPLICANTS. 

22 ‘‘In making grants under chapter 2 or 3, the Secretary 

23 shall give a preference to Indian tribes, organizations, and 

24 institutions of higher education under any program with 


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1 respect to which Indian tribes, organizations, and institu2 tions are eligible to apply for grants. 

3 ‘‘SEC. 3244. MINIMUM GRANT CRITERIA. 

4 ‘‘The Secretary may not approve an application for 

5 a grant under subpart 2 unless the application is for a 

6 grant that is— 

7 ‘‘(1) of sufficient size, scope, and quality to 

8 achieve the purpose or objectives of such grant; and 

9 ‘‘(2) based on relevant research findings. 

10 ‘‘CHAPTER 5—DEFINITIONS; 

11 AUTHORIZATIONS OF APPROPRIATIONS 

12 ‘‘SEC. 3251. DEFINITIONS. 

13 ‘‘For the purposes of this subpart: 

14 ‘‘(1) ADULT.—The term ‘adult’ means an indi15 vidual who— 

16 ‘‘(A) has attained the age of 16 years; or 

17 ‘‘(B) has attained an age that is greater 

18 than the age of compulsory school attendance 

19 under an applicable State law. 

20 ‘‘(2) FREE PUBLIC EDUCATION.—The term ‘free 

21 public education’ means education that is— 

22 ‘‘(A) provided at public expense, under pub23 lic supervision and direction, and without tui24 tion charge; and 


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1 ‘‘(B) provided as elementary or secondary 

2 education in the applicable State or to preschool 

3 children. 

4 ‘‘(3) INDIAN.—The term ‘Indian’ means an indi5 vidual who is— 

6 ‘‘(A) a member of an Indian tribe or band, 

7 as membership is defined by the tribe or band, 

8 including— 

9 ‘‘(i) any tribe or band terminated since 

10 1940; and 

11 ‘‘(ii) any tribe or band recognized by 

12 the State in which the tribe or band resides; 

13 ‘‘(B) a descendant, in the first or second de14 gree, of an individual described in subparagraph 

15 (A); 

16 ‘‘(C) considered by the Secretary of the Inte17 rior to be an Indian for any purpose; 

18 ‘‘(D) an Eskimo, Aleut, or other Alaska Na19 tive; or 

20 ‘‘(E) a member of an organized Indian 

21 group that received a grant under the Indian 

22 Education Act of 1988 as it was in effect the day 

23 preceding the date of the enactment of the Im24 proving America’s Schools Act of 1994. 


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1 ‘‘SEC. 3252. AUTHORIZATIONS OF APPROPRIATIONS. 

2 ‘‘(a) CHAPTER 1.—For the purpose of carrying out 

3 chapter 1 of this subpart, there are authorized to be appro4 priated $100,000,000 for fiscal year 2002, and such sums 

5 as may be necessary for each of fiscal years 2003 through 

6 2006. 

7 ‘‘(b) CHAPTERS 2 AND 3.—For the purpose of carrying 

8 out chapters 2 and 3 of this subpart, there are authorized 

9 to be appropriated $25,000,000 for fiscal year 2002, and 

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

11 2003 through 2006.’’. 

12 (b) SAVINGS PROVISION.—Funds appropriated for 

13 part A of title IX of the Elementary and Secondary Edu14 cation Act of 1965 (as in effect on the day before the date 

15 of the enactment of this Act) shall be available for use under 

16 subpart 1 of part B of title III of such Act, as added by 

17 this section. 

18 SEC. 312. ALASKA NATIVE EDUCATION. 

19 (a) IN GENERAL.—Part B of title III (as added by 

20 section 311 of this Act) is further amended by adding at 

21 the end the following new subpart: 

22 ‘‘Subpart 2—Alaska Native Education 

23 ‘‘SEC. 3301. SHORT TITLE. 

24 ‘‘This subpart may be cited as the ‘Alaska Native Edu25 cational Equity, Support, and Assistance Act’. 


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1 ‘‘SEC. 3302. FINDINGS. 

2 ‘‘The Congress finds and declares: 

3 ‘‘(1) The attainment of educational success is 

4 critical to the betterment of the conditions, long-term 

5 well-being and preservation of the culture of Alaska 

6 Natives. 

7 ‘‘(2) It is the policy of the Federal Government 

8 to encourage the maximum participation by Alaska 

9 Natives in the planning and the management of Alas10 ka Native education programs. 

11 ‘‘(3) Alaska Native children enter and exit school 

12 with serious educational handicaps. 

13 ‘‘(4) The educational achievement of Alaska Na14 tive children is far below national norms. In addition 

15 to low Native performance on standardized tests, Na16 tive student dropout rates are high, and Natives are 

17 significantly underrepresented among holders of bac18 calaureate degrees in the State of Alaska. As a result, 

19 Native students are being denied their opportunity to 

20 become full participants in society by grade school 

21 and high school educations that are condemning an 

22 entire generation to an underclass status and a life 

23 of limited choices. 

24 ‘‘(5) The programs authorized herein, combined 

25 with expanded Head Start, infant learning and early 

26 childhood education programs, and parent education 


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1 programs are essential if educational handicaps are 

2 to be overcome. 

3 ‘‘(6) The sheer magnitude of the geographic bar4 riers to be overcome in delivering educational services 

5 in rural and village Alaska should be addressed 

6 through the development and implementation of inno7 vative, 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. 3303. PURPOSE. 

16 ‘‘It is the purpose of this subpart 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 existing programs and authori22 ties in the area of education to further the purposes 

23 of this subpart; and 

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1 sources, including resources made available under this 

2 subpart, on meeting the educational needs of Alaska 

3 Natives. 

4 ‘‘SEC. 3304. PROGRAM AUTHORIZED. 

5 ‘‘(a) GENERAL AUTHORITY.— 

6 ‘‘(1) PROGRAM AUTHORIZED.—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, and consortia of 

12 such organizations and entities to carry out programs 

13 that meet the purpose of this subpart. 

14 ‘‘(2) PERMISSIBLE ACTIVITIES.—Programs under 

15 this subpart may include— 

16 ‘‘(A) the development and implementation 

17 of plans, methods, and strategies to improve the 

18 education of Alaska Natives; 

19 ‘‘(B) the development of curricula and edu20 cational programs that address the educational 

21 needs of Alaska Native students, including— 

22 ‘‘(i) curriculum materials that reflect 

23 the cultural diversity or the contributions of 

24 Alaska Natives; 


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1 ‘‘(ii) instructional programs that make 

2 use of Native Alaskan languages; and 

3 ‘‘(iii) networks that introduce success4 ful programs, materials, and techniques to 

5 urban and rural schools; 

6 ‘‘(C) professional development activities for 

7 educators, including— 

8 ‘‘(i) programs to prepare teachers to 

9 address the cultural diversity and unique 

10 needs of Alaska Native students; 

11 ‘‘(ii) in-service programs to improve 

12 the ability of teachers to meet the unique 

13 needs of Alaska Native students; and 

14 ‘‘(iii) recruiting and preparing teach15 ers who are Alaska Natives, reside in com16 munities with high concentrations of Alaska 

17 Native students, or are likely to succeed as 

18 teachers in isolated, rural communities and 

19 engage in cross-cultural instruction; 

20 ‘‘(D) the development and operation of home 

21 instruction programs for Alaska Native preschool 

22 children, the purpose of which is to ensure the 

23 active involvement of parents in their children’s 

24 education from the earliest ages; 

25 ‘‘(E) family literacy services; 


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1 ‘‘(F) the development and operation of stu2 dent enrichment programs in science and mathe3 matics that— 

4 ‘‘(i) are designed to prepare Alaska 

5 Native students from rural areas, who are 

6 preparing to enter high school, to excel in 

7 science and math; and 

8 ‘‘(ii) provide appropriate support serv9 ices to the families of such students that are 

10 needed to enable such students to benefit 

11 from the program; 

12 ‘‘(G) research and data collection activities 

13 to determine the educational status and needs of 

14 Alaska Native children and adults; 

15 ‘‘(H) other research and evaluation activi16 ties related to programs under this subpart; and 

17 ‘‘(I) other activities, consistent with the 

18 purposes of this subpart, to meet the educational 

19 needs of Alaska Native children and adults. 

20 ‘‘(3) HOME INSTRUCTION PROGRAMS.—Home in21 struction programs for Alaska Native preschool chil22 dren under paragraph (2)(D) may include— 

23 ‘‘(A) programs for parents and their in24 fants, from prenatal through age three; 

25 ‘‘(B) preschool programs; and 


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1 ‘‘(C) training, education, and support for 

2 parents in such areas as reading readiness, ob3 servation, story-telling, and critical thinking. 

4 ‘‘(b) LIMITATION ON ADMINISTRATIVE COSTS.—Not 

5 more than 5 percent of funds provided to a grantee under 

6 this section for any fiscal year may be used for administra7 tive purposes. 

8 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are 

9 authorized to be appropriated $15,000,000 for fiscal year 

10 2002, and such sums as may be necessary for each of the 

11 fiscal years 2003 through 2006 to carry out this subpart. 

12 ‘‘SEC. 3305. ADMINISTRATIVE PROVISIONS. 

13 ‘‘(a) APPLICATION REQUIRED.—No grant may be 

14 made under this subpart, nor any contract be entered into 

15 under this subpart, unless an application is submitted to 

16 the Secretary in such form, in such manner, and containing 

17 such information as the Secretary may determine necessary 

18 to carry out the provisions of this subpart. 

19 ‘‘(b) APPLICATIONS.—State and local educational 

20 agencies may apply for an award under this subpart only 

21 as subpart of a consortium involving an Alaska Native or22 ganization. This consortium may include other eligible ap23 plicants. 


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1 ‘‘(c) CONSULTATION REQUIRED.—Each applicant for 

2 funding shall provide for ongoing advice from and consulta3 tion with representatives of the Alaska Native community. 

4 ‘‘(d) LOCAL EDUCATIONAL AGENCY COORDINATION.— 

5 Each applicant for an award under this subpart shall in6 form each local educational agency serving students who 

7 would participate in the project about its application. 

8 ‘‘SEC. 3306. DEFINITIONS. 

9 ‘‘For purposes of this subpart— 

10 ‘‘(1) the term ‘Alaska Native’ has the same 

11 meaning as the term ‘Native’ has in section 3(b) of 

12 the Alaska Native Claims Settlement Act; and 

13 ‘‘(2) the term ‘Alaska Native organization’ 

14 means a federally recognized tribe, consortium of 

15 tribes, regional nonprofit Native association, and 

16 other Alaska Native organizations that— 

17 ‘‘(A) has or commits to acquire expertise in 

18 the education of Alaska Natives; and 

19 ‘‘(B) has Alaska Natives in substantive and 

20 policy-making positions within the organiza21 tion.’’. 

22 (b) SAVINGS PROVISION.—Funds appropriated for 

23 part C of title IX of the Elementary and Secondary Edu24 cation Act of 1965 (as in effect on the day before the date 

25 of the enactment of this Act) shall be available for use under 


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1 subpart 2 of part B of title III of such Act, as added by 

2 this section. 

3 SEC. 313. AMENDMENTS TO THE EDUCATION AMENDMENTS 

4 OF 1978. 

5 Part B of title XI of the Education Amendments of 

6 1978 (25 U.S.C. 2001 et seq.) is amended to read as follows: 

7 ‘‘PART B—BUREAU OF INDIAN AFFAIRS 

8 PROGRAMS 

9 ‘‘SEC. 1120. FINDING AND POLICY. 

10 ‘‘(a) FINDING.—Congress finds and recognizes that the 

11 Federal Government has the sole responsibility for the oper12 ation and financial support of the Bureau of Indian Affairs 

13 funded school system that it has established on or near In14 dian reservations and Indian trust lands throughout the 

15 Nation for Indian children. 

16 ‘‘(b) POLICY.—It is the policy of the United States to 

17 work in full cooperation with Indian tribes toward the goal 

18 of assuring that the programs of the Bureau of Indian Af19 fairs funded school system are of the highest quality and 

20 meet the unique educational and cultural needs of Indian 

21 children. 


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1 ‘‘SEC. 1121. ACCREDITATION AND STANDARDS FOR THE 

2 BASIC EDUCATION OF INDIAN CHILDREN IN 

3 BUREAU OF INDIAN AFFAIRS SCHOOLS. 

4 ‘‘(a) PURPOSE.—The purpose of the standards imple5 mented under this section shall be to afford Indian students 

6 being served by a school funded by the Bureau of Indian 

7 Affairs the same opportunities as all other students in the 

8 United States to achieve the same challenging State aca9 demic achievement standards expected of all students. 

10 ‘‘(b) STUDIES AND SURVEYS RELATING TO STAND11 ARDS.—Not later than 1 year after the date of the enact12 ment of the No Child Left Behind Act of 2001, the Sec13 retary, in consultation with the Secretary of Education, 

14 consortia of education organizations, and Indian organiza15 tions and tribes, and making the fullest use possible of other 

16 existing studies, surveys, and plans, shall carry out by con17 tract with an Indian organization, studies and surveys to 

18 establish and revise standards for the basic education of In19 dian children attending Bureau funded schools. Such stud20 ies and surveys shall take into account factors such as aca21 demic needs, local cultural differences, type and level of lan22 guage skills, geographic isolation, and appropriate teacher23 student ratios for such children, and shall be directed to24 ward the attainment of equal educational opportunity for 

25 such children. 

26 ‘‘(c) REVISION OF MINIMUM ACADEMIC STANDARDS.— 


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1 ‘‘(1) IN GENERAL.—Not later than 2 years after 

2 the date of the enactment of the No Child Left Behind 

3 Act of 2001, the Secretary shall— 

4 ‘‘(A) propose revisions to the minimum aca5 demic standards published in the Federal Reg6 ister on September 9, 1995 (50 Fed. Reg. 174) 

7 for the basic education of Indian children at8 tending Bureau funded schools in accordance 

9 with the purpose described in subsection (a) and 

10 the findings of the studies and surveys conducted 

11 under subsection (b); 

12 ‘‘(B) publish such proposed revisions to such 

13 standards in the Federal Register for the purpose 

14 of receiving comments from the tribes, tribal 

15 school boards, Bureau funded schools, and other 

16 interested parties; and 

17 ‘‘(C) consistent with the provisions of this 

18 section and section 1131, take such actions as 

19 are necessary to coordinate standards imple20 mented under this section with the Comprehen21 sive School Reform Plan developed by the Bu22 reau and— 

23 ‘‘(i) with the standards of the improve24 ment plans for the States in which any 


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1 school operated by the Bureau of Indian Af2 fairs is located; or 

3 ‘‘(ii) in the case where schools operated 

4 by the Bureau are within the boundaries of 

5 reservation land of one tribe but within the 

6 boundaries of more than one State, with the 

7 standards of the State improvement plan of 

8 one such State selected by the tribe. 

9 ‘‘(2) FURTHER REVISIONS.—Not later that 6 

10 months after the close of the comment period, the Sec11 retary shall establish final standards, distribute such 

12 standards to all tribes and publish such final stand13 ards in the Federal Register. The Secretary shall re14 vise such standards periodically as necessary. Prior to 

15 any revision of such final standards, the Secretary 

16 shall distribute such proposed revision to all the 

17 tribes, and publish such proposed revision in the Fed18 eral Register, for the purpose of receiving comments 

19 from the tribes and other interested parties. 

20 ‘‘(3) APPLICABILITY OF STANDARDS.—Except as 

21 provided in subsection (e), the final standards pub22 lished under paragraph (2) shall apply to all Bureau 

23 funded schools not accredited under subsection (f), 

24 and may also serve as a model for educational pro25 grams for Indian children in public schools. 


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1 ‘‘(4) CONSIDERATIONS WHEN ESTABLISHING AND

2 REVISING STANDARDS.—In establishing and revising 

3 such standards, the Secretary shall take into account 

4 the unique needs of Indian students and support and 

5 reinforcement of the specific cultural heritage of each 

6 tribe. 

7 ‘‘(d) ALTERNATIVE OR MODIFIED STANDARDS.—The 

8 Secretary shall provide alternative or modified standards 

9 in lieu of the standards established under subsection (c), 

10 where necessary, so that the programs of each school are 

11 in compliance with the minimum accreditation standards 

12 required for schools in the State or region where the school 

13 is located. 

14 ‘‘(e) WAIVER OF STANDARDS; ALTERNATIVE STAND15 ARDS.—A tribal governing body, or the local school board 

16 so designated by the tribal governing body, shall have the 

17 local authority to waive, in part or in whole, the standards 

18 established under subsections (c) and (d) if such standards 

19 are deemed by such body to be inappropriate. The tribal 

20 governing body or designated school board shall, not later 

21 than 60 days after a waiver under this subsection, submit 

22 to the Secretary a proposal for alternative standards that 

23 take into account the specific needs of the tribe’s children. 

24 Such alternative standards shall be established by the Sec25 retary unless specifically rejected by the Secretary for good 


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1 cause and in writing to the affected tribes or local school 

2 board, which rejection shall be final and not subject to re3 view. 

4 ‘‘(f) ACCREDITATION AND IMPLEMENTATION OF

5 STANDARDS.— 

6 ‘‘(1) DEADLINE FOR MEETING STANDARDS.—Not 

7 later the second academic year after publication of the 

8 standards, to the extent necessary funding is pro9 vided, all Bureau funded schools shall meet the stand10 ards established under subsections (c) and (d) or shall 

11 be accredited— 

12 ‘‘(A) by a tribal accrediting body, if the ac13 creditation standards of the tribal accrediting 

14 body have been accepted by formal action of the 

15 tribal governing body and are equal to or exceed 

16 the accreditation standards of the State or region 

17 in which the school is located; 

18 ‘‘(B) by a regional accreditation agency; or 

19 ‘‘(C) by State accreditation standards for 

20 the State in which it is located. 

21 ‘‘(2) DETERMINATION OF STANDARDS TO BE AP22 PLIED.—The accreditation type or standards applied 

23 for each school shall be determined by the school board 

24 of the school, in consultation with the Administrator 

25 of the school, provided that in the case where the 


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1 School Board and the Administrator fail to agree on 

2 the type of accreditation and standards to apply, the 

3 decision of the school board with the approval of the 

4 tribal governing body shall be final. 

5 ‘‘(3) ASSISTANCE TO SCHOOL BOARDS.—The Sec6 retary, through contracts and grants, shall assist 

7 school boards of contract or grant schools in imple8 mentation of the standards established under sub9 sections (c) and (d), if the school boards request that 

10 such standards, in part or in whole, be implemented. 

11 ‘‘(4) FISCAL CONTROL AND FUND ACCOUNTING

12 STANDARDS.—The Bureau shall, either directly or 

13 through contract with an Indian organization, estab14 lish a consistent system of reporting standards for fis15 cal control and fund accounting for all contract and 

16 grant schools. Such standards shall provide data com17 parable to those used by Bureau operated schools. 

18 ‘‘(g) ANNUAL PLAN FOR MEETING OF STANDARDS.— 

19 Except as provided in subsections (e) and (f), the Secretary 

20 shall begin to implement the standards established under 

21 this section immediately upon the date of their establish22 ment. On an annual basis, the Secretary shall submit to 

23 the appropriate committees of Congress, all Bureau funded 

24 schools, and the tribal governing bodies of such schools a 

25 detailed plan to bring all Bureau schools and contract or 


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1 grant schools up to the level required by the applicable 

2 standards established under this section. Such plan shall 

3 include detailed information on the status of each school’s 

4 educational program in relation to the applicable standards 

5 established under this section, specific cost estimates for 

6 meeting such standards at each school and specific timelines 

7 for bringing each school up to the level required by such 

8 standards. 

9 ‘‘(h) CLOSURE OR CONSOLIDATION OF SCHOOLS.— 

10 ‘‘(1) IN GENERAL.—Except as specifically re11 quired by statute, no school or peripheral dormitory 

12 operated by the Bureau on or after January 1, 1992, 

13 may be closed or consolidated or have its program 

14 substantially curtailed unless done according to the 

15 requirements of this subsection. 

16 ‘‘(2) EXCEPTIONS.—This subsection shall not 

17 apply— 

18 ‘‘(A) in those cases where the tribal gov19 erning body, or the local school board concerned 

20 (if so designated by the tribal governing body), 

21 requests closure or consolidation; or 

22 ‘‘(B) when a temporary closure, consolida23 tion, or substantial curtailment is required by 

24 plant conditions which constitute an immediate 

25 hazard to health and safety. 


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1 ‘‘(3) REGULATIONS.—The Secretary shall, by 

2 regulation, promulgate standards and procedures for 

3 the closure, transfer to another authority, consolida4 tion, or substantial curtailment of Bureau schools, in 

5 accordance with the requirements of this subsection. 

6 ‘‘(4) NOTICE.—Whenever closure, transfer to an7 other authority, consolidation, or substantial curtail8 ment of a school is under active consideration or re9 view by any division of the Bureau or the Depart10 ment of the Interior, the affected tribe, tribal gov11 erning body, and designated local school board, will 

12 be notified immediately, kept fully and currently in13 formed, and afforded an opportunity to comment with 

14 respect to such consideration or review. When a for15 mal decision is made to close, transfer to another au16 thority, consolidate, or substantially curtail a school, 

17 the affected tribe, tribal governing body, and des18 ignated school board shall be notified at least 6 

19 months prior to the end of the school year preceding 

20 the proposed closure date. Copies of any such notices 

21 and information shall be transmitted promptly to the 

22 appropriate committees of Congress and published in 

23 the Federal Register. 

24 ‘‘(5) REPORT.—The Secretary shall make a re25 port to the appropriate committees of Congress, the 


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1 affected tribe, and the designated school board describ2 ing the process of the active consideration or review 

3 referred to in paragraph (4). The report shall include 

4 a study of the impact of such action on the student 

5 population, identify those students with particular 

6 educational and social needs, and ensure that alter7 native services are available to such students. Such 

8 report shall include the description of the consultation 

9 conducted between the potential service provider, cur10 rent service provider, parents, tribal representatives 

11 and the tribe or tribes involved, and the Director of 

12 the Office of Indian Education Programs within the 

13 Bureau regarding such students. 

14 ‘‘(6) LIMITATION ON CERTAIN ACTIONS.—No ir15 revocable action may be taken in furtherance of any 

16 such proposed school closure, transfer to another au17 thority, consolidation, or substantial curtailment (in18 cluding any action which would prejudice the per19 sonnel or programs of such school) prior to the end 

20 of the first full academic year after such report is 

21 made. 

22 ‘‘(7) TRIBAL GOVERNING BODY APPROVAL RE23 QUIRED FOR CERTAIN ACTIONS.—The Secretary may 

24 terminate, contract, transfer to any other authority, 


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1 consolidate, or substantially curtail the operation or 

2 facilities of— 

3 ‘‘(A) any Bureau funded school that is oper4 ated on or after of January 1, 1999; 

5 ‘‘(B) any program of such a school that is 

6 operated on or after January 1, 1999; or 

7 ‘‘(C) any school board of a school operated 

8 under a grant under the Tribally Controlled 

9 Schools Act of 1988, 

10 only if the tribal governing body approves such ac11 tion. 

12 ‘‘(i) APPLICATION FOR CONTRACTS OR GRANTS FOR

13 NON-BUREAU FUNDED SCHOOLS OR EXPANSION OF BU14 REAU FUNDED SCHOOLS.— 

15 ‘‘(1) IN GENERAL.—(A)(i) The Secretary shall 

16 only consider the factors described in subparagraph 

17 (B) in reviewing— 

18 ‘‘(I) applications from any tribe for the 

19 awarding of a contract or grant for a school that 

20 is not a Bureau funded school; and 

21 ‘‘(II) applications from any tribe or school 

22 board of any Bureau funded school for— 

23 ‘‘(aa) a school which is not a Bureau 

24 funded school; or 


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1 ‘‘(bb) the expansion of a Bureau fund2 ed school which would increase the amount 

3 of funds received by the Indian tribe or 

4 school board under section 1127. 

5 ‘‘(ii) With respect to applications described in 

6 this subparagraph, the Secretary shall give consider7 ation to all the factors described in subparagraph (B), 

8 but no such application shall be denied based pri9 marily upon the geographic proximity of comparable 

10 public education. 

11 ‘‘(B) With respect to applications described in 

12 subparagraph (A) the Secretary shall consider the fol13 lowing factors relating to the program and services 

14 that are the subject of the application: 

15 ‘‘(i) The adequacy of the facilities or the po16 tential to obtain or provide adequate facilities. 

17 ‘‘(ii) Geographic and demographic factors 

18 in the affected areas. 

19 ‘‘(iii) The adequacy of the applicant’s pro20 gram plans or, in the case of a Bureau funded 

21 school, of projected needs analysis done either by 

22 the tribe or the Bureau. 

23 ‘‘(iv) Geographic proximity of comparable 

24 public education. 


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1 ‘‘(v) The stated needs of all affected parties, 

2 including students, families, tribal governments 

3 at both the central and local levels, and school 

4 organizations. 

5 ‘‘(vi) Adequacy and comparability of pro6 grams already available. 

7 ‘‘(vii) Consistency of available programs 

8 with tribal educational codes or tribal legislation 

9 on education. 

10 ‘‘(viii) The history and success of these serv11 ices for the proposed population to be served, as 

12 determined from all factors, including but not 

13 limited to standardized examination perform14 ance. 

15 ‘‘(2) DETERMINATION ON APPLICATION.—(A) The 

16 Secretary shall make a determination of whether to 

17 approve any application described in paragraph 

18 (1)(A) not later than 180 days after such application 

19 is submitted to the Secretary. 

20 ‘‘(B) If the Secretary fails to make the deter21 mination with respect to an application by the date 

22 described in subparagraph (A), the application shall 

23 be treated a having been approved by the Secretary. 

24 ‘‘(3) REQUIREMENTS FOR APPLICATIONS.—(A) 

25 Notwithstanding paragraph (2)(B), an application 


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1 described in paragraph (1)(A) may be approved by 

2 the Secretary only if— 

3 ‘‘(i) the application has been approved by 

4 the tribal governing body of the students served 

5 by (or to be served by) the school or program 

6 that is the subject of the application; and 

7 ‘‘(ii) written evidence of such approval is 

8 submitted with the application. 

9 ‘‘(B) Each application described in paragraph 

10 (1)(A) shall provide information concerning each of 

11 the factors described in paragraph (1)(B). 

12 ‘‘(4) DENIAL OF APPLICATIONS.—Whenever the 

13 Secretary makes a determination to deny approval of 

14 any application described in paragraph (1)(A), the 

15 Secretary shall— 

16 ‘‘(A) state the objections in writing to the 

17 applicant not later 180 days after the applica18 tion is submitted to the Secretary; 

19 ‘‘(B) provide assistance to the applicant to 

20 overcome stated objections; and 

21 ‘‘(C) provide the applicant a hearing, under 

22 the same rules and regulations pertaining to the 

23 Indian Self-Determination and Education As24 sistance Act and an opportunity to appeal the 

25 objections raised by the Secretary. 


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1 ‘‘(5) EFFECTIVE DATE OF A SUBJECT APPLICA2 TION.—(A) Except as otherwise provided in this 

3 paragraph, the action which is the subject of any ap4 plication described in paragraph (1)(A) that is ap5 proved by the Secretary shall become effective at the 

6 beginning of the academic year following the fiscal 

7 year in which the application is approved, or at an 

8 earlier date determined by the Secretary. 

9 ‘‘(B) If an application is treated as having been 

10 approved by the Secretary under paragraph (2)(B), 

11 the action that is the subject of the application shall 

12 become effective on the date that is 18 months after 

13 the date on which the application is submitted to the 

14 Secretary, or at an earlier date determined by the 

15 Secretary. 

16 ‘‘(6) STATUTORY CONSTRUCTION.—Nothing in 

17 this section shall be read so as to preclude the expan18 sion of grades and related facilities at a Bureau fund19 ed school where such expansion and the maintenance 

20 of such expansion is occasioned or paid for with non21 Bureau funds. 

22 ‘‘(j) GENERAL USE OF FUNDS.—Funds received by 

23 Bureau funded schools from the Bureau of Indian Affairs 

24 and under any program from the Department of Education 

25 or any other Federal agency for the purpose of providing 


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1 education or related services may be used for schoolwide 

2 projects to improve the educational program for all Indian 

3 students. 

4 ‘‘(k) STUDY ON ADEQUACY OF FUNDS AND FOR5 MULAS.—The Comptroller General shall conduct a study, 

6 in consultation with Indian tribes and local school boards, 

7 to determine the adequacy of funding, and formulas used 

8 by the Bureau to determine funding, for programs operated 

9 by Bureau funded schools, taking into account unique cir10 cumstances applicable to Bureau funded schools, as well as 

11 expenditures for comparable purposes in public schools na12 tionally. Upon completion of the study, the Secretary of the 

13 Interior shall take such action as necessary to ensure dis14 tribution of the findings of the study to all affected Indian 

15 tribes, local school boards, and associations of local school 

16 boards. 

17 ‘‘SEC. 1122. NATIONAL CRITERIA FOR HOME-LIVING SITUA18 TIONS. 

19 ‘‘(a) IN GENERAL.—The Secretary, in consultation 

20 with the Secretary of Education, Indian organizations and 

21 tribes, and Bureau funded schools, shall revise the national 

22 standards for home-living (dormitory) situations to include 

23 such factors as heating, lighting, cooling, adult-child ratios, 

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1 peutic programs, space, and privacy. Such standards shall 

2 be implemented in Bureau operated schools, and shall serve 

3 as minimum standards for contract or grant schools. Once 

4 established, any revisions of such standards shall be devel5 oped according to the requirements established under section 

6 1138A. 

7 ‘‘(b) IMPLEMENTATION.—The Secretary shall imple8 ment the revised standards established under this section 

9 immediately upon their completion. 

10 ‘‘(c) PLAN.—At the time of each annual budget submis11 sion for Bureau educational services is presented, the Sec12 retary shall submit to the appropriate committees of Con13 gress, the tribes, and the affected schools, and publish in 

14 the Federal Register, a detailed plan to bring all Bureau 

15 funded schools that provide home-living (dormitory) situa16 tions up to the standards established under this section. 

17 Such plan shall include a statement of the relative needs 

18 of each Bureau funded home-living (dormitory) school, pro19 jected future needs of each Bureau funded home-living (dor20 mitory) school, detailed information on the status of each 

21 school in relation to the standards established under this 

22 section, specific cost estimates for meeting each standard for 

23 each such school, aggregate cost estimates for bringing all 

24 such schools into compliance with the criteria established 


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1 under this section, and specific timelines for bringing each 

2 school into compliance with such standards. 

3 ‘‘(d) WAIVER.—The criteria established under this sec4 tion may be waived in the same manner as the standards 

5 provided under section 1121(c) may be waived. 

6 ‘‘(e) CLOSURE FOR FAILURE TO MEET STANDARDS

7 PROHIBITED.—No school in operation on or before January 

8 1, 1987 (regardless of compliance or noncompliance with 

9 the criteria established under this section), may be closed, 

10 transferred to another authority, consolidated, or have its 

11 program substantially curtailed for failure to meet the cri12 teria. 

13 ‘‘SEC. 1123. CODIFICATION OF REGULATIONS. 

14 ‘‘(a) PART 32 OF TITLE 25 OF CODE OF FEDERAL

15 REGULATIONS.—The provisions of part 32 of title 25 of the 

16 Code of Federal Regulations, as in effect on January 1, 

17 1987, are incorporated into this Act and shall be treated 

18 as though such provisions are set forth in this subsection. 

19 Such provisions may be altered only by means of an Act 

20 of Congress. To the extent that such provisions of part 32 

21 do not conform with this Act or any statutory provision 

22 of law enacted before November 1, 1978, the provisions of 

23 this Act and the provisions of such other statutory law shall 

24 govern. 


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1 ‘‘(b) REGULATION DEFINED.—For purposes of this 

2 part, the term ‘regulation’ means any rules, regulations, 

3 guidelines, interpretations, orders, or requirements of gen4 eral applicability prescribed by any officer or employee of 

5 the executive branch. 

6 ‘‘SEC. 1124. SCHOOL BOUNDARIES. 

7 ‘‘(a) ESTABLISHMENT BY SECRETARY.—The Secretary 

8 shall establish, by regulation, separate geographical attend9 ance areas for each Bureau funded school. 

10 ‘‘(b) ESTABLISHMENT BY TRIBAL BODY.—In any case 

11 where there is more than one Bureau funded school located 

12 on an Indian reservation, at the direction of the tribal gov13 erning body, the relevant school boards of the Bureau fund14 ed schools on the reservation may, by mutual consent, estab15 lish the relevant attendance areas for such schools, subject 

16 to the approval of the tribal governing body. Any such 

17 boundaries so established shall be accepted by the Secretary. 

18 ‘‘(c) BOUNDARY REVISIONS.— 

19 ‘‘(1) IN GENERAL.—On or after July 1, 2001, no 

20 geographical attendance area shall be revised or estab21 lished with respect to any Bureau funded school un22 less the tribal governing body or the local school board 

23 concerned (if so designated by the tribal governing 

24 body) has been afforded— 


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1 ‘‘(A) at least 6 months notice of the inten2 tion of the Bureau to revise or establish such at3 tendance area; and 

4 ‘‘(B) the opportunity to propose alternative 

5 boundaries. 

6 Any tribe may petition the Secretary for revision of 

7 existing attendance area boundaries. The Secretary 

8 shall accept such proposed alternative or revised 

9 boundaries unless the Secretary finds, after consulta10 tion with the affected tribe or tribes, that such revised 

11 boundaries do not reflect the needs of the Indian stu12 dents to be served or do not provide adequate stability 

13 to all of the affected programs. The Secretary shall 

14 cause such revisions to be published in the Federal 

15 Register. 

16 ‘‘(2) TRIBAL RESOLUTION DETERMINATION.— 

17 Nothing in this section shall be interpreted as denying 

18 a tribal governing body the authority, on a con19 tinuing basis, to adopt a tribal resolution allowing 

20 parents the choice of the Bureau funded school their 

21 children may attend, regardless of the attendance 

22 boundaries established under this section. 

23 ‘‘(d) FUNDING RESTRICTIONS.—The Secretary shall 

24 not deny funding to a Bureau funded school for any eligible 

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1 dent’s home or domicile is outside of the geographical at2 tendance area established for that school under this section. 

3 No funding shall be made available without tribal author4 ization to enable a school to provide transportation for any 

5 student to or from the school and a location outside the ap6 proved attendance area of the school. 

7 ‘‘(e) RESERVATION AS BOUNDARY.—In any case where 

8 there is only one Bureau funded program located on an In9 dian reservation, the attendance area for the program shall 

10 be the boundaries (established by treaty, agreement, legisla11 tion, court decisions, or executive decisions and as accepted 

12 by the tribe) of the reservation served, and those students 

13 residing near the reservation shall also receive services from 

14 such program. 

15 ‘‘(f) OFF-RESERVATION HOME-LIVING (DORMITORY) 

16 SCHOOLS.—Notwithstanding any geographical attendance 

17 areas, attendance at off-reservation home-living (dormitory) 

18 schools shall include students requiring special emphasis 

19 programs to be implemented at each off-reservation home20 living (dormitory) school. Such attendance shall be coordi21 nated between education line officers, the family, and the 

22 referring and receiving programs. 

23 ‘‘SEC. 1125. FACILITIES CONSTRUCTION. 

24 ‘‘(a) COMPLIANCE WITH HEALTH AND SAFETY STAND25 ARDS.—The Secretary shall immediately begin to bring all 


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1 schools, dormitories, and other Indian education-related fa2 cilities operated by the Bureau or under contract or grant 

3 with the Bureau into compliance with all applicable tribal, 

4 Federal, or State health and safety standards, whichever 

5 provides greater protection (except that the tribal standards 

6 to be applied shall be no greater than any otherwise appli7 cable Federal or State standards), with section 504 of the 

8 Rehabilitation Act of 1973, and with the Americans with 

9 Disabilities Act of 1990. Nothing in this section shall re10 quire termination of the operations of any facility which 

11 does not comply with such provisions and which is in use 

12 on the date of the enactment of the No Child Left Behind 

13 Act of 2001. 

14 ‘‘(b) COMPLIANCE PLAN.—At the time that the annual 

15 budget request for Bureau educational services is presented, 

16 the Secretary shall submit to the appropriate committees 

17 of Congress a detailed plan to bring all facilities covered 

18 under subsection (a) of this section into compliance with 

19 the standards referred to in subsection (a). Such plan shall 

20 include detailed information on the status of each facility’s 

21 compliance with such standards, specific cost estimates for 

22 meeting such standards at each school, and specific 

23 timelines for bringing each school into compliance with 

24 such standards. 

25 ‘‘(c) CONSTRUCTION PRIORITIES.— 


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1 ‘‘(1) SYSTEM TO ESTABLISH PRIORITIES.—On 

2 an annual basis the Secretary shall submit to the ap3 propriate committees of Congress and cause to be pub4 lished in the Federal Register, the system used to es5 tablish priorities for replacement and construction 

6 projects for Bureau funded schools and home-living 

7 schools, including boarding schools and dormitories. 

8 At the time any budget request for education is pre9 sented, the Secretary shall publish in the Federal Reg10 ister and submit with the budget request the current 

11 list of all Bureau funded school construction prior12 ities. 

13 ‘‘(2) LONG-TERM CONSTRUCTION AND REPLACE14 MENT LIST.—In addition to the plan submitted under 

15 subsection (b), the Secretary shall— 

16 ‘‘(A) not later than 18 months after the date 

17 of the enactment of the No Child Left Behind Act 

18 of 2001, establish a long-term construction and 

19 replacement list for all Bureau funded schools; 

20 ‘‘(B) using the list prepared under subpara21 graph (A), propose a list for the orderly replace22 ment of all Bureau funded education-related fa23 cilities over a period of 40 years to enable plan24 ning and scheduling of budget requests; 


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1 ‘‘(C) cause the list prepared under sub2 section (B) to be published in the Federal Reg3 ister and allow a period of not less than 120 

4 days for public comment; 

5 ‘‘(D) make such revisions to the list pre6 pared under subparagraph (B) as are appro7 priate based on the comments received; and 

8 ‘‘(E) cause the final list to be published in 

9 the Federal Register. 

10 ‘‘(3) EFFECT ON OTHER LIST.—Nothing in this 

11 section shall be construed as interfering with or 

12 changing in any way the construction priority list as 

13 it exists on the date of the enactment of the No Child 

14 Left Behind Act of 2001. 

15 ‘‘(d) HAZARDOUS CONDITION AT BUREAU SCHOOL.— 

16 ‘‘(1) CLOSURE OR CONSOLIDATION.—A Bureau 

17 funded school may be closed or consolidated, and the 

18 programs of a Bureau funded school may be substan19 tially curtailed by reason of plant conditions that 

20 constitute an immediate hazard to health and safety 

21 only if a health and safety officer of the Bureau deter22 mines that such conditions exist at the Bureau funded 

23 school. 

24 ‘‘(2) INSPECTION.—(A) After making a deter25 mination described in paragraph (1), the Bureau 


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1 health and safety officer shall conduct an inspection 

2 of the condition of such plant accompanied by an ap3 propriate tribal, county, municipal, or State health 

4 and safety officer in order to determine whether con5 ditions at such plant constitute an immediate hazard 

6 to health and safety. Such inspection shall be com7 pleted by not later than the date that is 30 days after 

8 the date on which the action described in paragraph 

9 (1) is taken. No further negative action may be taken 

10 unless the findings are concurred in by the second, 

11 non-Bureau of Indian Affairs inspector. 

12 ‘‘(B) If the health and safety officer conducting 

13 the inspection of a plant required under subpara14 graph (A) determines that conditions at the plant do 

15 not constitute an immediate hazard to health and 

16 safety, any consolidation or curtailment that was 

17 made under paragraph (1) shall immediately cease 

18 and any school closed by reason of conditions at the 

19 plant shall be reopened immediately. 

20 ‘‘(C) If a Bureau funded school is temporarily 

21 closed or consolidated or the programs of a Bureau 

22 funded school are substantially curtailed under this 

23 subsection and the Secretary determines that the clo24 sure, consolidation, or curtailment will exceed 1 year, 

25 the Secretary shall submit to the Congress, by not 


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1 later than 6 months after the date on which the clo2 sure, consolidation, or curtailment was initiated, a 

3 report which sets forth the reasons for such temporary 

4 actions, the actions the Secretary is taking to elimi5 nate the conditions that constitute the hazard, and an 

6 estimated date by which such actions will be con7 cluded. 

8 ‘‘(e) FUNDING REQUIREMENT.— 

9 ‘‘(1) DISTRIBUTION OF FUNDS.—Beginning with 

10 the fiscal year following the year of the date of the en11 actment of the No Child Left Behind Act of 2001, all 

12 funds appropriated for the operations and mainte13 nance of Bureau funded schools shall be distributed by 

14 formula to the schools. No funds from this account 

15 may be retained or segregated by the Bureau to pay 

16 for administrative or other costs of any facilities 

17 branch or office, at any level of the Bureau. 

18 ‘‘(2) REQUIREMENTS FOR CERTAIN USES.—No 

19 funds shall be withheld from the distribution to the 

20 budget of any school operated under contract or grant 

21 by the Bureau for maintenance or any other facilities 

22 or road related purpose, unless such school has con23 sented, as a modification to the contract or in writing 

24 for grants schools, to the withholding of such funds, 

25 including the amount thereof, the purpose for which 


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1 the funds will be used, and the timeline for the serv2 ices to be provided. The school may, at the end of any 

3 fiscal year, cancel an agreement under this paragraph 

4 upon giving the Bureau 30 days notice of its intent 

5 to do so. 

6 ‘‘(f) NO REDUCTION IN FEDERAL FUNDING.—Nothing 

7 in this section shall be construed to diminish any Federal 

8 funding due to the receipt by the school of funding for facili9 ties improvement or construction from a State or any other 

10 source. 

11 ‘‘SEC. 1126. BUREAU OF INDIAN AFFAIRS EDUCATION FUNC12 TIONS. 

13 ‘‘(a) FORMULATION AND ESTABLISHMENT OF POLICY

14 AND PROCEDURE; SUPERVISION OF PROGRAMS AND EX15 PENDITURES.—The Secretary shall vest in the Assistant 

16 Secretary for Indian Affairs all functions with respect to 

17 formulation and establishment of policy and procedure and 

18 supervision of programs and expenditures of Federal funds 

19 for the purpose of Indian education administered by the 

20 Bureau. The Assistant Secretary shall carry out such func21 tions through the Director of the Office of Indian Education 

22 Programs. 

23 ‘‘(b) DIRECTION AND SUPERVISION OF PERSONNEL

24 OPERATIONS.—Not later than 6 months after the date of 

25 the enactment of the No Child Left Behind Act of 2001, the 


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1 Director of the Office of Indian Education Programs shall 

2 direct and supervise the operations of all personnel directly 

3 and substantially involved in the provision of education 

4 services by the Bureau, including school or institution cus5 todial or maintenance personnel, facilities management, 

6 contracting, procurement, and finance personnel. The As7 sistant Secretary for Indian Affairs shall coordinate the 

8 transfer of functions relating to procurement, contracts, op9 eration, and maintenance of schools and other support func10 tions to the Director. 

11 ‘‘(c) EVALUATION OF PROGRAMS; SERVICES AND SUP12 PORT FUNCTIONS; TECHNICAL AND COORDINATING ASSIST13 ANCE.—Education personnel who are under the direction 

14 and supervision of the Director of the Office of Indian Edu15 cation Programs in accordance with the first sentence of 

16 subsection (b) shall— 

17 ‘‘(1) monitor and evaluate Bureau education 

18 programs; 

19 ‘‘(2) provide all services and support functions 

20 for education programs with respect to personnel mat21 ters involving staffing actions and functions; and 

22 ‘‘(3) provide technical and coordinating assist23 ance in areas such as procurement, contracting, budg24 eting, personnel, curriculum, and operation and 

25 maintenance of school facilities. 


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1 ‘‘(d) CONSTRUCTION, IMPROVEMENT, OPERATION, AND

2 MAINTENANCE OF FACILITIES.— 

3 ‘‘(1) PLAN FOR CONSTRUCTION.—The Assistant 

4 Secretary shall submit in the annual budget a plan— 

5 ‘‘(A) for school facilities to be constructed 

6 under section 1125(c); 

7 ‘‘(B) for establishing priorities among 

8 projects and for the improvement and repair of 

9 educational facilities, which together shall form 

10 the basis for the distribution of appropriated 

11 funds; and 

12 ‘‘(C) for capital improvements to be made 

13 over the five succeeding years. 

14 ‘‘(2) PROGRAM FOR OPERATION AND MAINTE15 NANCE.— 

16 ‘‘(A) ESTABLISHMENT.—The Assistant Sec17 retary shall establish a program, including the 

18 distribution of appropriated funds, for the oper19 ation and maintenance of education facilities. 

20 Such program shall include— 

21 ‘‘(i) a method of computing the 

22 amount necessary for each educational facil23 ity; 

24 ‘‘(ii) similar treatment of all Bureau 

25 funded schools; 


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1 ‘‘(iii) a notice of an allocation of ap2 propriated funds from the Director of the 

3 Office of Indian Education Programs di4 rectly to the education line officers and ap5 propriate school officials; 

6 ‘‘(iv) a method for determining the 

7 need for, and priority of, facilities repair 

8 and maintenance projects, both major and 

9 minor. In making such determination, the 

10 Assistant Secretary shall cause to be con11 ducted a series of meetings at the agency 

12 and area level with representatives of the 

13 Bureau funded schools in those areas and 

14 agencies to receive comment on the lists and 

15 prioritization of such projects; and 

16 ‘‘(v) a system for the conduct of routine 

17 preventive maintenance. 

18 ‘‘(B) LOCAL SUPERVISORS.—The appro19 priate education line officers shall make arrange20 ments for the maintenance of education facilities 

21 with the local supervisors of the Bureau mainte22 nance personnel. The local supervisors of Bureau 

23 maintenance personnel shall take appropriate 

24 action to implement the decisions made by the 

25 appropriate education line officers, except that 


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1 no funds under this chapter may be authorized 

2 for expenditure unless such appropriate edu3 cation line officer is assured that the necessary 

4 maintenance has been, or will be, provided in a 

5 reasonable manner. 

6 ‘‘(3) IMPLEMENTATION.—The requirements of 

7 this subsection shall be implemented as soon as prac8 ticable after the date of the enactment of the No Child 

9 Left Behind Act of 2001. 

10 ‘‘(e) ACCEPTANCE OF GIFTS AND BEQUESTS.—Not11 withstanding any other provision of law, the Director shall 

12 promulgate guidelines for the establishment of mechanisms 

13 for the acceptance of gifts and bequests for the use and ben14 efit of particular schools or designated Bureau operated 

15 education programs, including, where appropriate, the es16 tablishment and administration of trust funds. When a Bu17 reau operated program is the beneficiary of such a gift or 

18 bequest, the Director shall make provisions for monitoring 

19 its use and shall report to the appropriate committees of 

20 Congress the amount and terms of such gift or bequest, the 

21 manner in which such gift or bequest shall be used, and 

22 any results achieved by such action. 

23 ‘‘(f) FUNCTIONS CLARIFIED.—For the purpose of this 

24 section, the term ‘functions’ includes powers and duties. 


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1 ‘‘SEC. 1127. ALLOTMENT FORMULA. 

2 ‘‘(a) FACTORS CONSIDERED; REVISION TO REFLECT

3 STANDARDS.— 

4 ‘‘(1) FORMULA.—The Secretary shall establish, 

5 by regulation adopted in accordance with section 

6 1138A, a formula for determining the minimum an7 nual amount of funds necessary to sustain each Bu8 reau funded school. In establishing such formula, the 

9 Secretary shall consider— 

10 ‘‘(A) the number of eligible Indian students 

11 served and total student population of the school; 

12 ‘‘(B) special cost factors, such as— 

13 ‘‘(i) the isolation of the school; 

14 ‘‘(ii) the need for special staffing, 

15 transportation, or educational programs; 

16 ‘‘(iii) food and housing costs; 

17 ‘‘(iv) maintenance and repair costs as18 sociated with the physical condition of the 

19 educational facilities; 

20 ‘‘(v) special transportation and other 

21 costs of isolated and small schools; 

22 ‘‘(vi) the costs of home-living (dor23 mitory) arrangements, where determined 

24 necessary by a tribal governing body or des25 ignated school board; 


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1 ‘‘(vii) costs associated with greater 

2 lengths of service by education personnel; 

3 ‘‘(viii) the costs of therapeutic pro4 grams for students requiring such programs; 

5 and 

6 ‘‘(ix) special costs for gifted and tal7 ented students; 

8 ‘‘(C) the cost of providing academic services 

9 which are at least equivalent to those provided 

10 by public schools in the State in which the school 

11 is located; and 

12 ‘‘(D) such other relevant factors as the Sec13 retary determines are appropriate. 

14 ‘‘(2) REVISION OF FORMULA.—Upon the estab15 lishment of the standards required in sections 1121 

16 and 1122, the Secretary shall revise the formula es17 tablished under this subsection to reflect the cost of 

18 funding such standards. Not later than January 1, 

19 2003, the Secretary shall review the formula estab20 lished under this section and shall take such steps as 

21 are necessary to increase the availability of coun22 seling and therapeutic programs for students in off23 reservation home-living (dormitory) schools and other 

24 Bureau operated residential facilities. Concurrent 

25 with such action, the Secretary shall review the standVerDate Mar 15 2010 15:07 Jun 10, 2011 Jkt 223001 PO 00000 Frm 00528 Fmt 6652 Sfmt 6203 E:\ERIC\H1.RH2 H1

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1 ards established under section 1122 to be certain that 

2 adequate provision is made for parental notification 

3 regarding, and consent for, such counseling and 

4 therapeutic programs. 

5 ‘‘(b) PRO RATA ALLOTMENT.—Notwithstanding any 

6 other provision of law, Federal funds appropriated for the 

7 general local operation of Bureau funded schools shall be 

8 allotted pro rata in accordance with the formula established 

9 under subsection (a). 

10 ‘‘(c) ANNUAL ADJUSTMENT; RESERVATION OF AMOUNT

11 FOR SCHOOL BOARD ACTIVITIES.— 

12 ‘‘(1) ANNUAL ADJUSTMENT.—For fiscal year 

13 2003, and for each subsequent fiscal year, the Sec14 retary shall adjust the formula established under sub15 section (a) to ensure that the formula does the fol16 lowing: 

17 ‘‘(A) Uses a weighted unit of 1.2 for each el18 igible Indian student enrolled in the seventh and 

19 eighth grades of the school in considering the 

20 number of eligible Indian students served by the 

21 school. 

22 ‘‘(B) Considers a school with an enrollment 

23 of less than 50 eligible Indian students as having 

24 an average daily attendance of 50 eligible Indian 


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1 students for purposes of implementing the adjust2 ment factor for small schools. 

3 ‘‘(C) Takes into account the provision of 

4 residential services on less than a 9-month basis 

5 at a school when the school board and supervisor 

6 of the school determine that a less than 9-month 

7 basis will be implemented for the school year in8 volved. 

9 ‘‘(D) Uses a weighted unit of 2.0 for each 

10 eligible Indian student that— 

11 ‘‘(i) is gifted and talented; and 

12 ‘‘(ii) is enrolled in the school on a full13 time basis, 

14 in considering the number of eligible Indian stu15 dents served by the school. 

16 ‘‘(E) Uses a weighted unit of 0.25 for each 

17 eligible Indian student who is enrolled in a year18 long credit course in an Indian or Native lan19 guage as part of the regular curriculum of a 

20 school, in considering the number of eligible In21 dian students served by such school. The adjust22 ment required under this subparagraph shall be 

23 used for such school after— 

24 ‘‘(i) the certification of the Indian or 

25 Native language curriculum by the school 


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1 board of such school to the Secretary, to2 gether with an estimate of the number of 

3 full-time students expected to be enrolled in 

4 the curriculum in the second school year for 

5 which the certification is made; and 

6 (ii) the funds appropriated for allot7 ment under this section are designated by 

8 the appropriations Act appropriating such 

9 funds as the amount necessary to implement 

10 such adjustment at such school without re11 ducing allotments made under this section 

12 to any school by virtue of such adjustment. 

13 ‘‘(2) RESERVATION OF AMOUNT.— 

14 ‘‘(A) IN GENERAL.—From the funds allotted 

15 in accordance with the formula established under 

16 subsection (a) for each Bureau school, the local 

17 school board of such school may reserve an 

18 amount which does not exceed the greater of— 

19 ‘‘(i) $8,000; or 

20 ‘‘(ii) the lesser of— 

21 ‘‘(I) $15,000; or 

22 ‘‘(II) 1 percent of such allotted 

23 funds, 

24 for school board activities for such school, includ25 ing (notwithstanding any other provision of law) 


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1 meeting expenses and the cost of membership in, 

2 and support of, organizations engaged in activi3 ties on behalf of Indian education. 

4 ‘‘(B) TRAINING.—Each school board shall 

5 see that each new member of the school board re6 ceives, within 12 months of the individual’s as7 suming a position on the school board, 40 hours 

8 of training relevant to that individual’s service 

9 on the board. Such training may include legal 

10 issues pertaining to schools funded by the Bu11 reau, legal issues pertaining to school boards, 

12 ethics, and other topics deemed appropriate by 

13 the school board. 

14 ‘‘(d) RESERVATION OF AMOUNT FOR EMERGENCIES.— 

15 The Secretary shall reserve from the funds available for dis16 tribution for each fiscal year under this section an amount 

17 which, in the aggregate, shall equal 1 percent of the funds 

18 available for such purpose for that fiscal year. Such funds 

19 shall be used, at the discretion of the Director of the Office 

20 of Indian Education Programs, to meet emergencies and 

21 unforeseen contingencies affecting the education programs 

22 funded under this section. Funds reserved under this sub23 section may only be expended for education services or pro24 grams, including emergency repairs of educational facili25 ties, at a schoolsite (as defined by section 5204(c)(2) of the 


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1 Tribally Controlled Schools Act of 1988). Funds reserved 

2 under this subsection shall remain available without fiscal 

3 year limitation until expended. However, the aggregate 

4 amount available from all fiscal years may not exceed 1 

5 percent of the current year funds. Whenever, the Secretary 

6 makes funds available under this subsection, the Secretary 

7 shall report such action to the appropriate committees of 

8 Congress within the annual budget submission. 

9 ‘‘(e) SUPPLEMENTAL APPROPRIATIONS.—Supple10 mental appropriations enacted to meet increased pay costs 

11 attributable to school level personnel shall be distributed 

12 under this section. 

13 ‘‘(f) ELIGIBLE INDIAN STUDENT DEFINED.—For the 

14 purpose of this section, the term ‘eligible Indian student’ 

15 means a student who— 

16 ‘‘(1) is a member of or is at least one-fourth de17 gree Indian blood descendant of a member of an In18 dian tribe which is eligible for the special programs 

19 and services provided by the United States through 

20 the Bureau because of their status as Indians; and 

21 ‘‘(2) resides on or near an Indian reservation or 

22 meets the criteria for attendance at a Bureau off-res23 ervation home-living (dormitory) school. 

24 ‘‘(g) TUITION.— 


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1 ‘‘(1) IN GENERAL.—An eligible Indian student 

2 may not be charged tuition for attendance at a Bu3 reau school or contract or grant school. A student at4 tending a Bureau school under paragraph (2)(C) may 

5 not be charged tuition for attendance at such a school. 

6 ‘‘(2) ATTENDANCE OF NON-INDIAN STUDENTS AT

7 BUREAU SCHOOLS.—The Secretary may permit the 

8 attendance at a Bureau school of a student who is not 

9 an eligible Indian student if— 

10 ‘‘(A) the Secretary determines that the stu11 dent’s attendance will not adversely affect the 

12 school’s program for eligible Indian students be13 cause of cost, overcrowding, or violation of stand14 ards or accreditation; 

15 ‘‘(B) the school board consents; 

16 ‘‘(C) the student is a dependent of a Bu17 reau, Indian Health Service, or tribal govern18 ment employee who lives on or near the 

19 schoolsite; or 

20 ‘‘(D) a tuition is paid for the student that 

21 is not more than that charged by the nearest 

22 public school district for out-of-district students, 

23 and shall be in addition to the school’s allocation 

24 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 under this subsection 

5 to attend its contract school or grant school and any 

6 tuition collected for those students shall be in addition 

7 to funding received under this section. 

8 ‘‘(h) FUNDS AVAILABLE WITHOUT FISCAL YEAR LIMI9 TATION.—Notwithstanding any other provision of law, at 

10 the election of the school board of a Bureau school made 

11 at any time during the fiscal year, a portion equal to not 

12 more than 15 percent of the funds allocated with respect 

13 to a school under this section for any fiscal year shall re14 main available to the school for expenditure without fiscal 

15 year limitation. The Assistant Secretary shall take steps as 

16 may be necessary to implement this provision. 

17 ‘‘(i) STUDENTS AT RICHFIELD DORMITORY, RICH18 FIELD, UTAH.—Tuition for out-of-State Indian students in 

19 home-living (dormitory) arrangements at the Richfield dor20 mitory in Richfield, Utah, who attend Sevier County high 

21 schools in Richfield, Utah, shall be paid from the Indian 

22 school equalization program funds authorized in this sec23 tion and section 1130 at a rate not to exceed the amounts 

24 per weighted student unit for that year for the instruction 


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1 of such students. No additional administrative cost funds 

2 shall be added to the grant. 

3 ‘‘SEC. 1128. ADMINISTRATIVE COST GRANTS. 

4 ‘‘(a) GRANTS; EFFECT UPON APPROPRIATED

5 AMOUNTS.— 

6 ‘‘(1) GRANTS.—Subject to the availability of ap7 propriated funds, the Secretary shall provide grants 

8 to each tribe or tribal organization operating a con9 tract school or grant school in the amount determined 

10 under this section with respect to the tribe or tribal 

11 organization for the purpose of paying the adminis12 trative and indirect costs incurred in operating con13 tract or grant schools, provided that no school oper14 ated as a stand-alone institution shall receive less 

15 than $200,000 per year for these purposes, in order 

16 to— 

17 ‘‘(A) enable tribes and tribal organizations 

18 operating such schools, without reducing direct 

19 program services to the beneficiaries of the pro20 gram, to provide all related administrative over21 head services and operations necessary to meet 

22 the requirements of law and prudent manage23 ment practice; and 

24 ‘‘(B) carry out other necessary support 

25 functions which would otherwise be provided by 


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1 the Secretary or other Federal officers or employ2 ees, from resources other than direct program 

3 funds, in support of comparable Bureau operated 

4 programs. 

5 ‘‘(2) EFFECT UPON APPROPRIATED AMOUNTS.— 

6 Amounts appropriated to fund the grants provided 

7 under this section shall be in addition to, and shall 

8 not reduce, the amounts appropriated for the program 

9 being administered by the contract or grant school. 

10 ‘‘(b) DETERMINATION OF GRANT AMOUNT.— 

11 ‘‘(1) IN GENERAL.—The amount of the grant 

12 provided to each tribe or tribal organization under 

13 this section for each fiscal year shall be determined by 

14 applying the administrative cost percentage rate of 

15 the tribe or tribal organization to the aggregate of the 

16 Bureau elementary and secondary functions operated 

17 by the tribe or tribal organization for which funds are 

18 received from or through the Bureau. The administra19 tive cost percentage rate determined under subsection 

20 (c) does not apply to other programs operated by the 

21 tribe or 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 an Indian tribe or tribal organiza3 tion under any Federal education program in4 cluded in the direct cost base of the tribe or trib5 al organization; 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 for the portion 

9 of grants made under this section for the costs of 

10 administering any program for Indians that is 

11 funded by appropriations made to such other de12 partment or agency. 

13 ‘‘(c) ADMINISTRATIVE COST PERCENTAGE RATE.— 

14 ‘‘(1) IN GENERAL.—For purposes of this section, 

15 the administrative cost percentage rate for a contract 

16 or grant school for a fiscal year is equal to the per17 centage determined by dividing— 

18 ‘‘(A) the sum of— 

19 ‘‘(i) the amount equal to— 

20 ‘‘(I) the direct cost base of the 

21 tribe or tribal organization for the fis22 cal year, multiplied by 

23 ‘‘(II) the minimum base rate; plus 

24 ‘‘(ii) the amount equal to— 


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1 ‘‘(I) the standard direct cost base; 

2 multiplied by 

3 ‘‘(II) the maximum base rate; by 

4 ‘‘(B) the sum of— 

5 ‘‘(i) the direct cost base of the tribe or 

6 tribal organization for the fiscal year; plus 

7 ‘‘(ii) the standard direct cost base. 

8 ‘‘(2) ROUNDING.—The administrative cost percentage rate shall be determined to the 1 9 ⁄100 of a dec10 imal point. 

11 ‘‘(d) COMBINING FUNDS.— 

12 ‘‘(1) IN GENERAL.—Funds received by a tribe or 

13 contract or grant school as grants under this section 

14 for tribal elementary or secondary educational pro15 grams may be combined by the tribe or contract or 

16 grant school into a single administrative cost account 

17 without the necessity of maintaining separate funding 

18 source accounting. 

19 ‘‘(2) INDIRECT COST FUNDS.—Indirect cost funds 

20 for programs at the school which share common ad21 ministrative services with tribal elementary or sec22 ondary educational programs may be included in the 

23 administrative cost account described in paragraph 

24 (1). 


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1 ‘‘(e) AVAILABILITY OF FUNDS.—Funds received as 

2 grants under this section with respect to tribal elementary 

3 or secondary education programs shall remain available to 

4 the contract or grant school without fiscal year limitation 

5 and without diminishing the amount of any grants other6 wise payable to the school under this section for any fiscal 

7 year beginning after the fiscal year for which the grant is 

8 provided. 

9 ‘‘(f) TREATMENT OF FUNDS.—Funds received as 

10 grants under this section for Bureau funded programs oper11 ated by a tribe or tribal organization under a contract or 

12 agreement shall not be taken into consideration for purposes 

13 of indirect cost underrecovery and overrecovery determina14 tions by any Federal agency for any other funds, from 

15 whatever source derived. 

16 ‘‘(g) TREATMENT OF ENTITY OPERATING OTHER PRO17 GRAMS.—In applying this section and section 105 of the 

18 Indian Self-Determination and Education Assistance Act 

19 with respect to an Indian tribe or tribal organization 

20 that— 

21 ‘‘(1) receives funds under this section for admin22 istrative costs incurred in operating a contract or 

23 grant school or a school operated under the Tribally 

24 Controlled Schools Act of 1988; and 


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1 ‘‘(2) operates one or more other programs under 

2 a contract or grant provided under the Indian Self3 Determination and Education Assistance Act, 

4 the Secretary shall ensure that the Indian tribe or tribal 

5 organization is provided with the full amount of the admin6 istrative costs that are associated with operating the con7 tract or grant school, and of the indirect costs, that are asso8 ciated with all of such other programs, provided that funds 

9 appropriated for implementation of this section shall be 

10 used only to supply the amount of the grant required to 

11 be provided by this section. 

12 ‘‘(h) DEFINITIONS.—For purposes of this section: 

13 ‘‘(1) ADMINISTRATIVE COST.—(A) The term ‘ad14 ministrative cost’ means the costs of necessary admin15 istrative functions which— 

16 ‘‘(i) the tribe or tribal organization incurs 

17 as a result of operating a tribal elementary or 

18 secondary educational program; 

19 ‘‘(ii) are not customarily paid by com20 parable Bureau operated programs out of direct 

21 program funds; and 

22 ‘‘(iii) are either— 

23 ‘‘(I) normally provided for comparable 

24 Bureau programs by Federal officials using 


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1 resources other than Bureau direct program 

2 funds; or 

3 ‘‘(II) are otherwise required of tribal 

4 self-determination program operators by 

5 law or prudent management practice. 

6 ‘‘(B) The term ‘administrative cost’ may in7 clude— 

8 ‘‘(i) contract or grant (or other agreement) 

9 administration; 

10 ‘‘(ii) executive, policy, and corporate leader11 ship and decisionmaking; 

12 ‘‘(iii) program planning, development, and 

13 management; 

14 ‘‘(iv) fiscal, personnel, property, and pro15 curement management; 

16 ‘‘(v) related office services and record keep17 ing; and 

18 ‘‘(vi) costs of necessary insurance, auditing, 

19 legal, safety and security services. 

20 ‘‘(2) BUREAU ELEMENTARY AND SECONDARY

21 FUNCTIONS.—The term ‘Bureau elementary and sec22 ondary functions’ means— 

23 ‘‘(A) all functions funded at Bureau schools 

24 by the Office; 

25 ‘‘(B) all programs— 


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1 ‘‘(i) funds for which are appropriated 

2 to other agencies of the Federal Government; 

3 and 

4 ‘‘(ii) which are administered for the 

5 benefit of Indians through Bureau schools; 

6 and 

7 ‘‘(C) all operation, maintenance, and repair 

8 funds for facilities and government quarters used 

9 in the operation or support of elementary and 

10 secondary education functions for the benefit of 

11 Indians, from whatever source derived. 

12 ‘‘(3) DIRECT COST BASE.—(A) Except as other13 wise provided in subparagraph (B), the direct cost 

14 base of a tribe or tribal organization for the fiscal 

15 year is the aggregate direct cost program funding for 

16 all tribal elementary or secondary educational pro17 grams operated by the tribe or tribal organization 

18 during— 

19 ‘‘(i) the second fiscal year preceding such 

20 fiscal year; or 

21 ‘‘(ii) if such programs have not been oper22 ated by the tribe or tribal organization during 

23 the two preceding fiscal years, the first fiscal 

24 year preceding such fiscal year. 


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1 ‘‘(B) In the case of Bureau elementary or sec2 ondary education functions which have not previously 

3 been operated by a tribe or tribal organization under 

4 contract, grant, or agreement with the Bureau, the di5 rect cost base for the initial year shall be the projected 

6 aggregate direct cost program funding for all Bureau 

7 elementary and secondary functions to be operated by 

8 the tribe or tribal organization during that fiscal 

9 year. 

10 ‘‘(4) MAXIMUM BASE RATE.—The term ‘max11 imum base rate’ means 50 percent. 

12 ‘‘(5) MINIMUM BASE RATE.—The term ‘min13 imum base rate’ means 11 percent. 

14 ‘‘(6) STANDARD DIRECT COST BASE.—The term 

15 ‘standard direct cost base’ means $600,000. 

16 ‘‘(7) TRIBAL ELEMENTARY OR SECONDARY EDU17 CATIONAL PROGRAMS.—The term ‘tribal elementary 

18 or secondary educational programs’ means all Bureau 

19 elementary and secondary functions, together with 

20 any other Bureau programs or portions of programs 

21 (excluding funds for social services that are appro22 priated to agencies other than the Bureau and are ex23 pended through the Bureau, funds for major sub24 contracts, construction, and other major capital ex25 penditures, and unexpended funds carried over from 


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1 prior years) which share common administrative cost 

2 functions, that are operated directly by a tribe or 

3 tribal organization under a contract, grant, or agree4 ment with the Bureau. 

5 ‘‘(i) STUDIES FOR DETERMINATION OF FACTORS AF6 FECTING COSTS; BASE RATES LIMITS; STANDARD DIRECT

7 COST BASE; REPORT TO CONGRESS.— 

8 ‘‘(1) STUDIES.—Not later than 120 days after 

9 the date of the enactment of the No Child Left Behind 

10 Act of 2001, the Director of the Office of Indian Edu11 cation Programs shall— 

12 ‘‘(A) conduct such studies as may be needed 

13 to establish an empirical basis for determining 

14 relevant factors substantially affecting required 

15 administrative costs of tribal elementary and 

16 secondary education programs, using the for17 mula set forth in subsection (c); and 

18 ‘‘(B) conduct a study to determine— 

19 ‘‘(i) a maximum base rate which ensures 

20 that the amount of the grants provided under 

21 this section will provide adequate (but not exces22 sive) funding of the administrative costs of the 

23 smallest tribal elementary or secondary edu24 cational programs; 


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1 ‘‘(ii) a minimum base rate which ensures 

2 that the amount of the grants provided under 

3 this section will provide adequate (but not exces4 sive) funding of the administrative costs of the 

5 largest tribal elementary or secondary edu6 cational programs; and 

7 ‘‘(iii) a standard direct cost base which is 

8 the aggregate direct cost funding level for which 

9 the percentage determined under subsection (c) 

10 will— 

11 ‘‘(I) be equal to the median between the 

12 maximum base rate and the minimum base 

13 rate; and 

14 ‘‘(II) ensure that the amount of the 

15 grants provided under this section will pro16 vide adequate (but not excessive) funding of 

17 the administrative costs of tribal elementary 

18 or secondary educational programs closest 

19 to the size of the program. 

20 ‘‘(2) GUIDELINES.—The studies required under 

21 paragraph (1) shall— 

22 ‘‘(A) be conducted in full consultation (in 

23 accordance with section 1131) with— 


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1 ‘‘(i) the tribes and tribal organizations 

2 that are affected by the application of the 

3 formula set forth in subsection (c); and 

4 ‘‘(ii) all national and regional Indian 

5 organizations of which such tribes and trib6 al organizations are typically members; 

7 ‘‘(B) be conducted onsite with a representa8 tive statistical sample of the tribal elementary or 

9 secondary educational programs under a con10 tract entered into with a nationally reputable 

11 public accounting and business consulting firm; 

12 ‘‘(C) take into account the availability of 

13 skilled labor; commodities, business and auto14 matic data processing services, related Indian 

15 preference and Indian control of education re16 quirements, and any other market factors found 

17 substantially to affect the administrative costs 

18 and efficiency of each such tribal elementary or 

19 secondary educational program studied in order 

20 to assure that all required administrative activi21 ties can reasonably be delivered in a cost effective 

22 manner for each such program, given an admin23 istrative cost allowance generated by the values, 

24 percentages, or other factors found in the studies 

25 to be relevant in such formula; 


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1 ‘‘(D) identify, and quantify in terms of per2 centages of direct program costs, any general fac3 tors arising from geographic isolation, or num4 bers of programs administered, independent of 

5 program size factors used to compute a base ad6 ministrative cost percentage in such formula; 

7 and 

8 ‘‘(E) identify any other incremental cost 

9 factors substantially affecting the costs of re10 quired administrative cost functions at any of 

11 the tribal elementary or secondary educational 

12 programs studied and determine whether the fac13 tors are of general applicability to other such 

14 programs, and (if so) how the factors may effec15 tively be incorporated into such formula. 

16 ‘‘(3) CONSULTATION WITH INSPECTOR GEN17 ERAL.—In carrying out the studies required under 

18 this subsection, the Director shall obtain the input of, 

19 and afford an opportunity to participate to, the In20 spector General of the Department of the Interior. 

21 ‘‘(4) CONSIDERATION OF DELIVERY OF ADMINIS22 TRATIVE SERVICES.—Determinations described in 

23 paragraph (2)(C) shall be based on what is prac24 ticable at each location studied, given prudent man25 agement practice, irrespective of whether required adVerDate Mar 15 2010 15:07 Jun 10, 2011 Jkt 223001 PO 00000 Frm 00548 Fmt 6652 Sfmt 6203 E:\ERIC\H1.RH2 H1

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1 ministrative services were actually or fully delivered 

2 at these sites, or whether other services were delivered 

3 instead, during the period of the study. 

4 ‘‘(5) REPORT.—Upon completion of the studies 

5 conducted under paragraph (1), the Director shall 

6 submit to Congress a report on the findings of the 

7 studies, together with determinations based upon such 

8 studies that would affect the definitions set forth 

9 under subsection (e) that are used in the formula set 

10 forth in subsection (c). 

11 ‘‘(6) PROJECTION OF COSTS.—The Secretary 

12 shall include in the Bureau’s justification for each 

13 appropriations request beginning in the first fiscal 

14 year after the completion of the studies conducted 

15 under paragraph (1), a projection of the overall costs 

16 associated with the formula set forth in subsection (c) 

17 for all tribal elementary or secondary education pro18 grams which the Secretary expects to be funded in the 

19 fiscal year for which the appropriations are sought. 

20 ‘‘(7) DETERMINATION OF PROGRAM SIZE.—For 

21 purposes of this subsection, the size of tribal elemen22 tary or secondary educational programs is determined 

23 by the aggregate direct cost program funding level for 

24 all Bureau funded programs which share common ad25 ministrative cost functions. 


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1 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— 

2 ‘‘(1) IN GENERAL.—There are authorized to be 

3 appropriated such sums as necessary to carry out this 

4 section. 

5 ‘‘(2) REDUCTIONS.—If the total amount of funds 

6 necessary to provide grants to tribes and tribal orga7 nizations in the amounts determined under subsection 

8 (b) for a fiscal year exceeds the amount of funds ap9 propriated to carry out this section for such fiscal 

10 year, the Secretary shall reduce the amount of each 

11 grant determined under subsection (b) for such fiscal 

12 year by an amount that bears the same relationship 

13 to such excess as the amount of such grants deter14 mined under subsection (b) bears to the total of all 

15 grants determined under subsection (b) section for all 

16 tribes and tribal organizations for such fiscal year. 

17 ‘‘(k) APPLICABILITY TO SCHOOLS OPERATING UNDER

18 TRIBALLY CONTROLLED SCHOOLS ACT OF 1988.—The pro19 visions of this section shall also apply to those schools oper20 ating under the Tribally Controlled Schools Act of 1988. 

21 ‘‘SEC. 1129. DIVISION OF BUDGET ANALYSIS. 

22 ‘‘(a) ESTABLISHMENT.—Not later than 12 months 

23 after the date of the enactment of the No Child Left Behind 

24 Act of 2001, the Secretary shall establish within the Office 

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1 ysis (hereinafter referred to as the ‘Division’). Such Divi2 sion shall be under the direct supervision and control of 

3 the Director of the Office. 

4 ‘‘(b) FUNCTIONS.—In consultation with the tribal gov5 erning bodies and tribal school boards, the Director of the 

6 Office, through the Division, shall conduct studies, surveys, 

7 or other activities to gather demographic information on 

8 Bureau funded schools and project the amount necessary to 

9 provide Indian students in such schools the educational pro10 gram set forth in this part. 

11 ‘‘(c) ANNUAL REPORTS.—Not later than the date that 

12 the Assistant Secretary for Indian Affairs makes the annual 

13 budget submission, for each fiscal year after the date of the 

14 enactment of the No Child Left Behind Act of 2001, the Di15 rector of the Office shall submit to the appropriate commit16 tees of Congress (including the Appropriations committees), 

17 all Bureau funded schools, and the tribal governing bodies 

18 of such schools, a report which shall contain— 

19 ‘‘(1) projections, based upon the information 

20 gathered pursuant to subparagraph (b) and any other 

21 relevant information, of amounts necessary to provide 

22 Indian students in Bureau funded schools the edu23 cational program set forth in this part; 


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1 ‘‘(2) a description of the methods and formulas 

2 used to calculate the amounts projected pursuant to 

3 paragraph (1); and 

4 ‘‘(3) such other information as the Director of 

5 the Office considers appropriate. 

6 ‘‘(d) USE OF REPORTS.—The Director of the Office 

7 and the Assistant Secretary for Indian Affairs shall use the 

8 annual report required by subsection (c) when preparing 

9 their annual budget submissions. 

10 ‘‘SEC. 1130. UNIFORM DIRECT FUNDING AND SUPPORT. 

11 ‘‘(a) ESTABLISHMENT OF SYSTEM AND FORWARD

12 FUNDING.— 

13 ‘‘(1) IN GENERAL.—The Secretary shall establish, 

14 by regulation adopted in accordance with section 

15 1138, a system for the direct funding and support of 

16 all Bureau funded schools. Such system shall allot 

17 funds in accordance with section 1127. All amounts 

18 appropriated for distribution under this section may 

19 be made available under paragraph (2). 

20 ‘‘(2) TIMING FOR USE OF FUNDS.—(A) For the 

21 purposes of affording adequate notice of funding 

22 available pursuant to the allotments made under sec23 tion 1127, amounts appropriated in an appropria24 tions Act for any fiscal year shall become available 

25 for obligation by the affected schools on July 1 of the 


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1 fiscal year in which such amounts are appropriated 

2 without further action by the Secretary, and shall re3 main available for obligation through the succeeding 

4 fiscal year. 

5 ‘‘(B) The Secretary shall, on the basis of the 

6 amount appropriated in accordance with this para7 graph— 

8 ‘‘(i) publish, not later than July 1 of the 

9 fiscal year for which the funds are appropriated, 

10 allotments to each affected school made under 

11 section 1127 of 85 percent of such appropriation; 

12 and 

13 ‘‘(ii) publish, not later than September 30 

14 of such fiscal year, the allotments to be made 

15 under section 1127 of the remaining 15 percent 

16 of such appropriation, adjusted to reflect the ac17 tual student attendance. 

18 ‘‘(3) LIMITATION.—(A) Notwithstanding any 

19 other provision of law or regulation, the supervisor of 

20 a Bureau funded school may expend an aggregate of 

21 not more than $50,000 of the amount allotted the 

22 school under section 1127 to acquire materials, sup23 plies, equipment, services, operation, and mainte24 nance for the school without competitive bidding if— 


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1 ‘‘(i) the cost for any single item purchased 

2 does not exceed $15,000; 

3 ‘‘(ii) the school board approves the procure4 ment; 

5 ‘‘(iii) the supervisor certifies that the cost is 

6 fair and reasonable; 

7 ‘‘(iv) the documents relating to the procure8 ment executed by the supervisor or other school 

9 staff cite this paragraph as authority for the 

10 procurement; and 

11 ‘‘(v) the transaction is documented in a 

12 journal maintained at the school clearly identi13 fying when the transaction occurred, what was 

14 acquired and from whom, the price paid, the 

15 quantities acquired, and any other information 

16 the supervisor or school board considers relevant. 

17 ‘‘(B) Not later than 6 months after the date of 

18 the enactment of the No Child Left Behind Act of 

19 2001, the Secretary shall cause to be sent to each su20 pervisor of a Bureau operated program and school 

21 board chairperson, the education line officer or offi22 cers of each agency and area, and the Bureau Divi23 sion in charge of procurement, at both the local and 

24 national levels, notice of this paragraph. 


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1 ‘‘(C) The Director shall be responsible for deter2 mining the application of this paragraph, including 

3 the authorization of specific individuals to carry out 

4 this paragraph, and shall be responsible for the provi5 sion of guidelines on the use of this paragraph and 

6 adequate training on such guidelines. 

7 ‘‘(4) EFFECT OF SEQUESTRATION ORDER.—If a 

8 sequestration order issued under the Balanced Budget 

9 and Emergency Deficit Control Act of 1985 reduces 

10 the amount of funds available for allotment under sec11 tion 1127 for any fiscal year by more than 7 percent 

12 of the amount of funds available for allotment under 

13 such section during the preceding fiscal year— 

14 ‘‘(A) to fund allotments under section 1127, 

15 the Secretary, notwithstanding any other law, 

16 may use— 

17 ‘‘(i) funds appropriated for the oper18 ation of any Bureau school that is closed or 

19 consolidated; and 

20 ‘‘(ii) funds appropriated for any pro21 gram that has been curtailed at any Bureau 

22 school; and 

23 ‘‘(B) the Secretary may waive the applica24 tion of the provisions of section 1121(h) with re25 spect to the closure or consolidation of a school, 


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1 or the curtailment of a program at a school, dur2 ing such fiscal year if the funds described in 

3 clauses (i) and (ii) of subparagraph (A) with re4 spect to such school are used to fund allotments 

5 made under section 1127 for such fiscal year. 

6 ‘‘(b) LOCAL FINANCIAL PLANS FOR EXPENDITURE OF

7 FUNDS.— 

8 ‘‘(1) PLAN REQUIRED.—In the case of all Bureau 

9 operated schools, allotted funds shall be expended on 

10 the basis of local financial plans which ensure meet11 ing the accreditation requirements or standards for 

12 the school established pursuant to section 1121 and 

13 which shall be prepared by the local school supervisor 

14 in active consultation with the local school board for 

15 each school. The local school board for each school 

16 shall have the authority to ratify, reject, or amend 

17 such financial plan, and expenditures thereunder, 

18 and, on its own determination or in response to the 

19 supervisor of the school, to revise such financial plan 

20 to meet needs not foreseen at the time of preparation 

21 of the financial plan. 

22 ‘‘(2) The supervisor— 

23 ‘‘(A) shall put into effect the decisions of the 

24 school board; 


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1 ‘‘(B) shall provide the appropriate local 

2 union representative of the education employees 

3 with copies of proposed draft financial plans 

4 and all amendments or modifications thereto, at 

5 the same time such copies are submitted to the 

6 local school board; and 

7 ‘‘(C) may appeal any such action of the 

8 local school board to the appropriate education 

9 line officer of the Bureau agency by filing a 

10 written statement describing the action and the 

11 reasons the supervisor believes such action should 

12 be overturned. A copy of such statement shall be 

13 submitted to the local school board and such 

14 board shall be afforded an opportunity to re15 spond, in writing, to such appeal. After review16 ing such written appeal and response, the appro17 priate education line officer may, for good cause, 

18 overturn the action of the local school board. The 

19 appropriate education line officer shall transmit 

20 the determination of such appeal in the form of 

21 a written opinion to such board and to such su22 pervisor identifying the reasons for overturning 

23 such action. 

24 ‘‘(c) USE OF SELF-DETERMINATION GRANTS

25 FUNDS.—Funds for self-determination grants under section 


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1 103(a)(2) of the Indian Self-Determination and Education 

2 Assistance Act shall not be used for providing technical as3 sistance and training in the field of education by the Bu4 reau unless such services are provided in accordance with 

5 a plan, agreed to by the tribe or tribes affected and the Bu6 reau, under which control of education programs is in7 tended to be transferred to such tribe or tribes within a spe8 cific period of time negotiated under such agreement. The 

9 Secretary may approve applications for funding tribal di10 visions of education and development of tribal codes of edu11 cation from funds appropriated pursuant to section 104(a) 

12 of such Act. 

13 ‘‘(d) TECHNICAL ASSISTANCE AND TRAINING.—In the 

14 exercise of its authority under this section, a local school 

15 board may request technical assistance and training from 

16 the Secretary, and the Secretary shall, to the greatest extent 

17 possible, provide such services, and make appropriate provi18 sions in the budget of the Office for such services. 

19 ‘‘(e) SUMMER PROGRAM OF ACADEMIC AND SUPPORT

20 SERVICES.— 

21 ‘‘(1) IN GENERAL.—A financial plan under sub22 section (b) for a school may include, at the discretion 

23 of the local administrator and the school board of 

24 such school, a provision for a summer program of 

25 academic and support services for students of the 


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1 school. Any such program may include activities re2 lated to the prevention of alcohol and substance abuse. 

3 The Assistant Secretary for Indian Affairs shall pro4 vide for the utilization of any such school facility 

5 during any summer in which such utilization is re6 quested. 

7 ‘‘(2) USE OF OTHER FUNDS.—Notwithstanding 

8 any other provision of law, funds authorized under 

9 the Act of April 16, 1934, and this Act may be used 

10 to augment the services provided in each summer pro11 gram at the option, and under the control, of the tribe 

12 or Indian controlled school receiving such funds. 

13 ‘‘(3) TECHNICAL ASSISTANCE AND PROGRAM CO14 ORDINATION.—The Assistant Secretary for Indian Af15 fairs, acting through the Director of the Office, shall 

16 provide technical assistance and coordination for any 

17 program described in paragraph (1) and shall, to the 

18 extent possible, encourage the coordination of such 

19 programs with any other summer programs that 

20 might benefit Indian youth, regardless of the funding 

21 source or administrative entity of any such program. 

22 ‘‘(f) COOPERATIVE AGREEMENTS.— 

23 ‘‘(1) IN GENERAL.—From funds allotted to a Bu24 reau school under section 1127, the Secretary shall, if 

25 specifically requested by the tribal governing body (as 


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1 defined in section 1141), implement any cooperative 

2 agreement entered into between the tribe, the Bureau 

3 school board, and the local public school district 

4 which meets the requirements of paragraph (2) and 

5 involves the school. The tribe, the Bureau school 

6 board, and the local public school district shall deter7 mine the terms of the agreement. Such agreement may 

8 encompass coordination of all or any part of the fol9 lowing: 

10 ‘‘(A) Academic program and curriculum, 

11 unless the Bureau school is currently accredited 

12 by a State or regional accrediting entity and 

13 would not continue to be so accredited. 

14 ‘‘(B) Support services, including procure15 ment and facilities maintenance. 

16 ‘‘(C) Transportation. 

17 ‘‘(2) EQUAL BENEFIT AND BURDEN.—Each 

18 agreement entered into pursuant to the authority pro19 vided in paragraph (1) shall confer a benefit upon the 

20 Bureau school commensurate with the burden as21 sumed, though this requirement shall not be construed 

22 so as to require equal expenditures or an exchange of 

23 similar services. 

24 ‘‘(g) PRODUCT OR RESULT OF STUDENT PROJECTS.— 

25 Notwithstanding any other provision of law, where there 


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1 is agreement on action between the superintendent and the 

2 school board of a Bureau funded school, the product or re3 sult of a project conducted in whole or in major part by 

4 a student may be given to that student upon the completion 

5 of such project. 

6 ‘‘(h) NOT CONSIDERED FEDERAL FUNDS FOR MATCH7 ING REQUIREMENTS.—Notwithstanding any other provi8 sion of law, funds received by a Bureau funded school under 

9 this part shall not be considered Federal funds for the pur10 poses of meeting a matching funds requirement for any Fed11 eral program. 

12 ‘‘SEC. 1131. POLICY FOR INDIAN CONTROL OF INDIAN EDU13 CATION. 

14 ‘‘(a) FACILITATION OF INDIAN CONTROL.—It shall be 

15 the policy of the Secretary and the Bureau, in carrying out 

16 the functions of the Bureau, to facilitate tribal control of 

17 Indian affairs in all matters relating to education. 

18 ‘‘(b) CONSULTATION WITH TRIBES.— 

19 ‘‘(1) IN GENERAL.—All actions under this Act 

20 shall be done with active consultation with tribes. 

21 ‘‘(2) REQUIREMENTS.—The consultation re22 quired under paragraph (1) means a process involv23 ing the open discussion and joint deliberation of all 

24 options with respect to potential issues or changes be25 tween the Bureau and all interested parties. During 


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1 such discussions and joint deliberations, interested 

2 parties (including tribes and school officials) shall be 

3 given an opportunity to present issues including pro4 posals regarding changes in current practices or pro5 grams which will be considered for future action by 

6 the Bureau. All interested parties shall be given an 

7 opportunity to participate and discuss the options 

8 presented or to present alternatives, with the views 

9 and concerns of the interested parties given effect un10 less the Secretary determines, from information avail11 able from or presented by the interested parties dur12 ing one or more of the discussions and deliberations, 

13 that there is a substantial reason for another course 

14 of action. The Secretary shall submit to any Member 

15 of Congress, within 18 days of the receipt of a written 

16 request by such Member, a written explanation of any 

17 decision made by the Secretary which is not con18 sistent with the views of the interested parties. 

19 ‘‘SEC. 1132. INDIAN EDUCATION PERSONNEL. 

20 ‘‘(a) IN GENERAL.—Chapter 51, subchapter III of 

21 chapter 53, and chapter 63 of title 5, United States Code, 

22 relating to classification, pay and leave, respectively, and 

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1 ees, shall not apply to educators or to education positions 

2 (as defined in subsection (p)). 

3 ‘‘(b) REGULATIONS.—Not later than 60 days after the 

4 date of the enactment of the No Child Left Behind Act of 

5 2001, the Secretary shall prescribe regulations to carry out 

6 this section. Such regulations shall include— 

7 ‘‘(1) the establishment of education positions; 

8 ‘‘(2) the establishment of qualifications for edu9 cators and education personnel; 

10 ‘‘(3) the fixing of basic compensation for edu11 cators and education positions; 

12 ‘‘(4) the appointment of educators; 

13 ‘‘(5) the discharge of educators; 

14 ‘‘(6) the entitlement of educators to compensa15 tion; 

16 ‘‘(7) the payment of compensation to educators; 

17 ‘‘(8) the conditions of employment of educators; 

18 ‘‘(9) the leave system for educators; 

19 ‘‘(10) the annual leave and sick leave for edu20 cators; and 

21 ‘‘(11) such matters as may be appropriate. 

22 ‘‘(c) QUALIFICATIONS OF EDUCATORS.— 

23 ‘‘(1) REQUIREMENTS.—In prescribing regula24 tions to govern the qualifications of educators, the 

25 Secretary shall require— 


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1 ‘‘(A)(i) that lists of qualified and inter2 viewed applicants for education positions be 

3 maintained in each agency and area office of the 

4 Bureau from among individuals who have ap5 plied at the agency or area level for an education 

6 position or who have applied at the national 

7 level and have indicated in such application an 

8 interest in working in certain areas or agencies; 

9 and 

10 ‘‘(ii) that a list of qualified and interviewed 

11 applicants for education positions be maintained 

12 in the Office from among individuals who have 

13 applied at the national level for an education 

14 position and who have expressed interest in 

15 working in an education position anywhere in 

16 the United States; 

17 ‘‘(B) that a local school board shall have the 

18 authority to waive on a case-by-case basis, any 

19 formal education or degree qualifications estab20 lished by regulation pursuant to subsection 

21 (b)(2), in order for a tribal member to be hired 

22 in an education position to teach courses on trib23 al culture and language and that subject to sub24 section (e)(2), a determination by a school board 


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1 that such a person be hired shall be instituted 

2 supervisor; and 

3 ‘‘(C) that it shall not be a prerequisite to 

4 the employment of an individual in an edu5 cation position at the local level that such indi6 vidual’s name appear on the national list main7 tained pursuant to subparagraph (A)(ii) or that 

8 such individual has applied at the national level 

9 for an education position. 

10 ‘‘(2) EXCEPTION FOR CERTAIN TEMPORARY EM11 PLOYMENT.—The Secretary may authorize the tem12 porary employment in an education position of an 

13 individual who has not met the certification stand14 ards established pursuant to regulations, if the Sec15 retary determines that failure to do so would result 

16 in that position remaining vacant. 

17 ‘‘(d) HIRING OF EDUCATORS.— 

18 ‘‘(1) REQUIREMENTS.—In prescribing regula19 tions to govern the appointment of educators, the Sec20 retary shall require— 

21 ‘‘(A)(i) that educators employed in a Bu22 reau operated school (other than the supervisor of 

23 the school) shall be hired by the supervisor of the 

24 school. In cases where there are no qualified ap25 plicants available, such supervisor may consult 


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1 the national list maintained pursuant to sub2 section (c)(1)(A)(ii); 

3 ‘‘(ii) each school supervisor shall be hired by 

4 the education line officer of the agency office of 

5 the Bureau in which the school is located; 

6 ‘‘(iii) educators employed in an agency of7 fice of the Bureau shall be hired by the super8 intendent for education of the agency office; and 

9 ‘‘(iv) each education line officer and edu10 cators employed in the Office of the Director of 

11 Indian Education Programs shall be hired by 

12 the Director; 

13 ‘‘(B) that before an individual is employed 

14 in an education position in a school by the su15 pervisor of a school (or with respect to the posi16 tion of supervisor, by the appropriate agency 

17 education line officer), the local school board for 

18 the school shall be consulted. A determination by 

19 such school board that such individual should or 

20 should not be so employed shall be instituted by 

21 the supervisor (or with respect to the position of 

22 supervisor, by the agency superintendent for edu23 cation); 

24 ‘‘(C) that before an individual may be em25 ployed in an education position at the agency 


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1 level, the appropriate agency school board shall 

2 be consulted, and that a determination by such 

3 school board that such individual should or 

4 should not be employed shall be instituted by the 

5 agency superintendent for education; and 

6 ‘‘(D) that before an individual may be em7 ployed in an education position in the Office of 

8 the Director (other than the position of Director), 

9 the national school boards representing all Bu10 reau schools shall be consulted. 

11 ‘‘(2) INFORMATION REGARDING APPLICATION AT

12 NATIONAL LEVEL.—Any individual who applies at the 

13 local level for an education position shall state on 

14 such individual’s application whether or not such in15 dividual has applied at the national level for an edu16 cation position in the Bureau. If such individual is 

17 employed at the local level, such individual’s name 

18 shall be immediately forwarded to the Secretary, who 

19 shall, as soon as practicable but in no event in more 

20 than 30 days, ascertain the accuracy of the statement 

21 made by such individual pursuant to the first sen22 tence of this paragraph. Notwithstanding subsection 

23 (e), if the individual’s statement is found to have been 

24 false, such individual, at the Secretary’s discretion, 

25 may be disciplined or discharged. If the individual 


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1 has applied at the national level for an education po2 sition in the Bureau, the appointment of such indi3 vidual at the local level shall be conditional for a pe4 riod of 90 days, during which period the Secretary 

5 may appoint a more qualified individual (as deter6 mined by the Secretary) from the list maintained at 

7 the national level pursuant to subsection (c)(1)(A)(ii) 

8 to the position to which such individual was ap9 pointed. 

10 ‘‘(3) STATUTORY CONSTRUCTION.—Except as ex11 pressly provided, nothing in this section shall be con12 strued as conferring upon local school boards author13 ity over, or control of, educators at Bureau funded 

14 schools or the authority to issue management deci15 sions. 

16 ‘‘(e) DISCHARGE AND CONDITIONS OF EMPLOYMENT

17 OF EDUCATORS.— 

18 ‘‘(1) REGULATIONS.—In prescribing regulations 

19 to govern the discharge and conditions of employment 

20 of educators, the Secretary shall require— 

21 ‘‘(A) that procedures be established for the 

22 rapid and equitable resolution of grievances of 

23 educators; 

24 ‘‘(B) that no educator may be discharged 

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1 portunity for a hearing under procedures that 

2 comport with the requirements of due process; 

3 and 

4 ‘‘(C) that educators employed in Bureau 

5 schools be notified 30 days prior to the end of the 

6 school year whether their employment contract 

7 will be renewed for the following year. 

8 ‘‘(2) PROCEDURES FOR DISCHARGE.—The super9 visor of a Bureau school may discharge (subject to 

10 procedures established under paragraph (1)(B)) for 

11 cause (as determined under regulations prescribed by 

12 the Secretary) any educator employed in such school. 

13 Upon giving notice of proposed discharge to an educa14 tor, the supervisor involved shall immediately notify 

15 the local school board for the school of such action. A 

16 determination by the local school board that such edu17 cator shall not be discharged shall be followed by the 

18 supervisor. The supervisor shall have the right to ap19 peal such action to the education line officer of the 

20 appropriate agency office of the Bureau. Upon such 

21 an appeal, the agency education line officer may, for 

22 good cause and in writing to the local school board, 

23 overturn the determination of the local school board 

24 with respect to the employment of such individual. 


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1 ‘‘(3) RECOMMENDATIONS OF SCHOOL BOARDS

2 FOR DISCHARGE.—Each local school board for a Bu3 reau school shall have the right— 

4 ‘‘(A) to recommend to the supervisor of such 

5 school that an educator employed in the school be 

6 discharged; and 

7 ‘‘(B) to recommend to the education line of8 ficer of the appropriate agency office of the Bu9 reau and to the Director of the Office, that the 

10 supervisor of the school be discharged. 

11 ‘‘(f) APPLICABILITY OF INDIAN PREFERENCE LAWS.— 

12 ‘‘(1) IN GENERAL.—Notwithstanding any provi13 sion of the Indian preference laws, such laws shall not 

14 apply in the case of any personnel action under this 

15 section respecting an applicant or employee not enti16 tled to Indian preference if each tribal organization 

17 concerned grants a written waiver of the application 

18 of such laws with respect to such personnel action and 

19 states that such waiver is necessary. This paragraph 

20 shall not relieve the Bureau’s responsibility to issue 

21 timely and adequate announcements and advertise22 ments concerning any such personnel action if such 

23 action is intended to fill a vacancy (no matter how 

24 such vacancy is created). 


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1 ‘‘(2) TRIBAL ORGANIZATION DEFINED.—For pur2 poses of this subsection, the term ‘tribal organization’ 

3 means— 

4 ‘‘(A) the recognized governing body of any 

5 Indian tribe, band, nation, pueblo, or other orga6 nized community, including a Native village (as 

7 defined in section 3(c) of the Alaska Native 

8 Claims Settlement Act); or 

9 ‘‘(B) in connection with any personnel ac10 tion referred to in this subsection, any local 

11 school board as defined in section 1141 which 

12 has been delegated by such governing body the 

13 authority to grant a waiver under this sub14 section with respect to personnel action. 

15 ‘‘(3) INDIAN PREFERENCE LAW DEFINED.—The 

16 term ‘Indian preference laws’ means section 12 of the 

17 Act of June 18, 1934, or any other provision of law 

18 granting a preference to Indians in promotions and 

19 other personnel actions. Such term shall not include 

20 section 7(b) of the Indian Self-Determination and 

21 Education Assistance Act. 

22 ‘‘(g) COMPENSATION OR ANNUAL SALARY.— 

23 ‘‘(1) IN GENERAL.—(A) Except as otherwise pro24 vided in this section, the Secretary shall fix the basic 

25 compensation for educators and education positions 


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1 at rates in effect under the General Schedule for indi2 viduals with comparable qualifications, and holding 

3 comparable positions, to whom chapter 51 of title 5, 

4 United States Code, is applicable or on the basis of 

5 the Federal Wage System schedule in effect for the lo6 cality, and for the comparable positions, the rates of 

7 compensation in effect for the senior executive service. 

8 ‘‘(B) The Secretary shall establish the rate of 

9 basic compensation, or annual salary rates, for the 

10 positions of teachers and counselors (including dor11 mitory counselors and home-living counselors) at the 

12 rates of basic compensation applicable (on the date of 

13 the enactment of the No Child Left Behind Act of 

14 2001 and thereafter) to comparable positions in the 

15 overseas schools under the Defense Department Over16 seas Teachers Pay Act. The Secretary shall allow the 

17 local school boards authority to implement only the 

18 aspects of the Defense Department Overseas Teacher 

19 pay provisions that are considered essential for re20 cruitment and retention. Implementation of such pro21 visions shall not be construed to require the imple22 mentation of the Act in its entirety. 

23 ‘‘(C)(i) Beginning with the fiscal year following 

24 the date of the enactment of the No Child Left Behind 

25 Act of 2001, each school board may set the rate of 


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1 compensation or annual salary rate for teachers and 

2 counselors (including academic counselors) who are 

3 new hires at the school and who have not worked at 

4 the school on the date of implementation of this provi5 sion, at rates consistent with the rates paid for indi6 viduals in the same positions, with the same tenure 

7 and training, in any other school within whose 

8 boundaries the Bureau school lies. In instances where 

9 the adoption of such rates cause a reduction in the 

10 payment of compensation from that which was in ef11 fect for the fiscal year following the date of the enact12 ment of the No Child Left Behind Act of 2001, the 

13 new rate may be applied to the compensation of em14 ployees of the school who worked at the school on of 

15 the date of the enactment of that Act by applying 

16 those rates to each contract renewal such that the re17 duction takes effect in three equal installments. Where 

18 adoption of such rates lead to an increase in the pay19 ment of compensation from that which was in effect 

20 for the fiscal year following the date of the enactment 

21 of the No Child Left Behind Act of 2001, the school 

22 board may make such rates applicable at the next 

23 contract renewal such that either— 

24 ‘‘(I) the increase occurs in its entirety; or 


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1 ‘‘(II) the increase is applied in three equal 

2 installments. 

3 ‘‘(ii) The establishment of rates of basic com4 pensation and annual salary rates under subpara5 graphs (B) and (C) shall not preclude the use of regu6 lations and procedures used by the Bureau prior to 

7 April 28, 1988, in making determinations regarding 

8 promotions and advancements through levels of pay 

9 that are based on the merit, education, experience, or 

10 tenure of the educator. 

11 ‘‘(D) The establishment of rates of basic com12 pensation and annual salary rates under subpara13 graphs (B) and (C) shall not affect the continued em14 ployment or compensation of an educator who was 

15 employed in an education position on October 31, 

16 1979, and who did not make an election under sub17 section (p) is in effect on January 1, 1990. 

18 ‘‘(2) POST-DIFFERENTIAL RATES.—(A) The Sec19 retary may pay a post-differential rate not to exceed 

20 25 percent of the rate of basic compensation, on the 

21 basis of conditions of environment or work which 

22 warrant additional pay as a recruitment and reten23 tion incentive. 

24 ‘‘(B)(i) Upon the request of the supervisor and 

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1 retary shall grant the supervisor of the school author2 ization to provide one or more post-differentials under 

3 subparagraph (A) unless the Secretary determines for 

4 clear and convincing reasons (and advises the board 

5 in writing of those reasons) that certain of the re6 quested post-differentials should be disapproved or de7 creased because there is no disparity of compensation 

8 for the involved employees or positions in the Bureau 

9 school, as compared with the nearest public school, 

10 that is either— 

11 ‘‘(I) at least 5 percent; or 

12 ‘‘(II) less than 5 percent and affects the re13 cruitment or retention of employees at the school. 

14 ‘‘(ii) A request under clause (i) shall be deemed 

15 granted at the end of the 60th day after the request 

16 is received in the Central Office of the Bureau unless 

17 before that time the request is approved, approved 

18 with modification, or disapproved by the Secretary. 

19 ‘‘(iii) The Secretary or the supervisor of a Bu20 reau school may discontinue or decrease a post-dif21 ferential authorized under this subparagraph at the 

22 beginning of a school year if— 

23 ‘‘(I) the local school board requests that such 

24 differential be discontinued or decreased; or 


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1 ‘‘(II) the Secretary or the supervisor deter2 mines for clear and convincing reasons (and ad3 vises the board in writing of those reasons) that 

4 there is no disparity of compensation that would 

5 affect the recruitment or retention of employees 

6 at the school after the differential is discontinued 

7 or decreased. 

8 ‘‘(iv) On or before February 1 of each year, the 

9 Secretary shall submit to Congress a report describing 

10 the requests and grants of authority under this sub11 paragraph during the previous year and listing the 

12 positions contracted under those grants of authority. 

13 ‘‘(h) 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 (b)(10) 

20 of this section shall not be so liquidated. 

21 ‘‘(i) TRANSFER OF REMAINING SICK LEAVE UPON

22 TRANSFER, PROMOTION, OR REEMPLOYMENT.—In the case 

23 of any educator who is transferred, promoted, or re24 appointed, without break in service, to a position in the 

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1 maining leave to the credit of such person earned or credited 

2 under the regulations prescribed pursuant to subsection 

3 (b)(10) shall be transferred to such person’s credit in the 

4 employing agency on an adjusted basis in accordance with 

5 regulations which shall be prescribed by the Office of Per6 sonnel Management. 

7 ‘‘(j) INELIGIBILITY FOR EMPLOYMENT OF VOLUN8 TARILY TERMINATED EDUCATORS.—An educator who vol9 untarily terminates employment with the Bureau before the 

10 expiration of the existing employment contract between such 

11 educator and the Bureau shall not be eligible to be employed 

12 in another education position in the Bureau during the re13 mainder of the term of such contract. 

14 ‘‘(k) DUAL COMPENSATION.—In the case of any educa15 tor employed in an education position described in sub16 section (l)(1)(A) who— 

17 ‘‘(1) is employed at the close of a school year; 

18 ‘‘(2) agrees in writing to serve in such position 

19 for the next school year; and 

20 ‘‘(3) is employed in another position during the 

21 recess period immediately preceding such next school 

22 year, or during such recess period receives additional 

23 compensation referred to in section 5533 of title 5, 

24 United States Code, relating to dual compensation, 


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1 shall not apply to such educator by reason of any such em2 ployment during a recess period for any receipt of addi3 tional compensation. 

4 ‘‘(l) VOLUNTARY SERVICES.—Notwithstanding section 

5 1342 of title 31, United States Code, the Secretary may, 

6 subject to the approval of the local school board concerned, 

7 accept voluntary services on behalf of Bureau schools. Noth8 ing in this part shall be construed to require Federal em9 ployees to work without compensation or to allow the use 

10 of volunteer services to displace or replace Federal employ11 ees. An individual providing volunteer services under this 

12 section is a Federal employee only for purposes of chapter 

13 81 of title 5, United States Code, and chapter 171 of title 

14 28, United States Code. 

15 ‘‘(m) PRORATION OF PAY.— 

16 ‘‘(1) ELECTION OF EMPLOYEE.—Notwithstanding 

17 any other provision of law, including laws relating to 

18 dual compensation, the Secretary, at the election of 

19 the employee, shall prorate the salary of an employee 

20 employed in an education position for the academic 

21 school year over the entire 12-month period. Each ed22 ucator employed for the academic school year shall 

23 annually elect to be paid on a 12-month basis or for 

24 those months while school is in session. No educator 

25 shall suffer a loss of pay or benefits, including benefits 


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1 under unemployment or other Federal or federally as2 sisted programs, because of such election. 

3 ‘‘(2) CHANGE OF ELECTION.—During the course 

4 of such year the employee may change election once. 

5 ‘‘(3) LUMP SUM PAYMENT.—That portion of the 

6 employee’s pay which would be paid between aca7 demic school years may be paid in a lump sum at 

8 the election of the employee. 

9 ‘‘(4) DEFINITIONS.—For purposes of this sub10 section, the terms ‘educator’ and ‘education position’ 

11 have the meanings contained in paragraphs (1) and 

12 (2) of subsection (o). This subsection applies to those 

13 individuals employed under the provisions of section 

14 1132 of this title or title 5, United States Code. 

15 ‘‘(n) EXTRACURRICULAR ACTIVITIES.— 

16 ‘‘(1) STIPEND.—Notwithstanding any other pro17 vision of law, the Secretary may provide, for each 

18 Bureau area, a stipend in lieu of overtime premium 

19 pay or compensatory time off. Any employee of the 

20 Bureau who performs additional activities to provide 

21 services to students or otherwise support the school’s 

22 academic and social programs may elect to be com23 pensated for all such work on the basis of the stipend. 

24 Such stipend shall be paid as a supplement to the em25 ployee’s base pay. 


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1 ‘‘(2) ELECTION NOT TO RECEIVE STIPEND.—If 

2 an employee elects not to be compensated through the 

3 stipend established by this subsection, the appropriate 

4 provisions of title 5, United States Code, shall apply. 

5 ‘‘(3) APPLICABILITY OF SUBSECTION.—This sub6 section applies to all Bureau employees, whether em7 ployed under section 1132 of this title or title 5, 

8 United States Code. 

9 ‘‘(o) DEFINITIONS.—For the purpose of this section— 

10 ‘‘(1) EDUCATION POSITION.—The term ‘edu11 cation position’ means a position in the Bureau the 

12 duties and responsibilities of which— 

13 ‘‘(A) are performed on a school-year basis 

14 principally in a Bureau school and involve— 

15 ‘‘(i) classroom or other instruction or 

16 the supervision or direction of classroom or 

17 other instruction; 

18 ‘‘(ii) any activity (other than teaching) 

19 which requires academic credits in edu20 cational theory and practice equal to the 

21 academic credits in educational theory and 

22 practice required for a bachelor’s degree in 

23 education from an accredited institution of 

24 higher education; 


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1 ‘‘(iii) any activity in or related to the 

2 field of education notwithstanding that aca3 demic credits in educational theory and 

4 practice are not a formal requirement for 

5 the conduct of such activity; or 

6 ‘‘(iv) support services at, or associated 

7 with, the site of the school; or 

8 ‘‘(B) are performed at the agency level of 

9 the Bureau and involve the implementation of 

10 education-related programs other than the posi11 tion for agency superintendent for education. 

12 ‘‘(2) EDUCATOR.—The term ‘educator’ means an 

13 individual whose services are required, or who is em14 ployed, in an education position. 

15 ‘‘(p) COVERED INDIVIDUALS; ELECTION.—This section 

16 shall apply with respect to any educator hired after Novem17 ber 1, 1979 (and to any educator who elected for coverage 

18 under that provision after November 1, 1979) and to the 

19 position in which such individual is employed. The enact20 ment of this section shall not affect the continued employ21 ment of an individual employed on October 31, 1979 in 

22 an education position, or such person’s right to receive the 

23 compensation attached to such position. 


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1 ‘‘SEC. 1133. COMPUTERIZED MANAGEMENT INFORMATION 

2 SYSTEM. 

3 ‘‘(a) ESTABLISHMENT OF SYSTEM.—Not later than 

4 July 1, 2003, the Secretary shall establish within the Office, 

5 a computerized management information system, which 

6 shall provide processing and information to the Office. The 

7 information provided shall include information regard8 ing— 

9 ‘‘(1) student enrollment; 

10 ‘‘(2) curriculum; 

11 ‘‘(3) staffing; 

12 ‘‘(4) facilities; 

13 ‘‘(5) community demographics; 

14 ‘‘(6) student assessment information; 

15 ‘‘(7) information on the administrative and pro16 gram costs attributable to each Bureau program, di17 vided into discreet elements; 

18 ‘‘(8) relevant reports; 

19 ‘‘(9) personnel records; 

20 ‘‘(10) finance and payroll; and 

21 ‘‘(11) such other items as the Secretary deems 

22 appropriate. 

23 ‘‘(b) IMPLEMENTATION OF SYSTEM.—Not later than 

24 July 1, 2004, the Secretary shall complete implementation 

25 of such a system at each field office and Bureau funded 

26 school. 


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1 ‘‘SEC. 1134. UNIFORM EDUCATION PROCEDURES AND PRAC2 TICES. 

3 ‘‘The Secretary shall cause the various divisions of the 

4 Bureau to formulate uniform procedures and practices with 

5 respect to such concerns of those divisions as relate to edu6 cation, and shall report such practices and procedures to 

7 the Congress. 

8 ‘‘SEC. 1135. 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 opportunities for acquiring work experience prior 

13 to actual work assignment. 

14 ‘‘SEC. 1136. BIENNIAL REPORT; AUDITS. 

15 ‘‘(a) BIENNIAL 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 biennial report on the state of education 

19 within the Bureau and any problems encountered in Indian 

20 education during the 2-year period covered by the report. 

21 Such report shall contain suggestions for the improvement 

22 of the Bureau educational system and for increasing tribal 

23 or local Indian control of such system. Such report shall 

24 also include the current status of tribally controlled commu25 nity colleges. The annual budget submission for the Bu26 reau’s education programs shall include— 


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1 ‘‘(1) information on the funds provided to pre2 viously private schools under section 208 of the In3 dian Self-Determination and Education Assistance 

4 Act, and recommendations with respect to the future 

5 use of such funds; 

6 ‘‘(2) the needs and costs of operations and main7 tenance of tribally controlled community colleges eli8 gible for assistance under the Tribally Controlled 

9 Community College Assistance Act of 1978 and rec10 ommendations with respect to meeting such needs and 

11 costs; and 

12 ‘‘(3) the plans required by sections 1121 (g), 

13 1122(c), and 1125(b). 

14 ‘‘(b) FINANCIAL AND COMPLIANCE AUDITS.—The In15 spector General of the Department of the Interior shall es16 tablish a system to ensure that financial and compliance 

17 audits are conducted of each Bureau operated school at least 

18 once in every 3 years. Audits of Bureau schools shall be 

19 based upon the extent to which such school has complied 

20 with its local financial plan under section 1130. 

21 ‘‘SEC. 1137. RIGHTS OF INDIAN STUDENTS. 

22 ‘‘The Secretary shall prescribe such rules and regula23 tions as are necessary to ensure the constitutional and civil 

24 rights of Indian students attending Bureau funded schools, 

25 including such students’ right to privacy under the laws 


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1 of the United States, such students’ right to freedom of reli2 gion and expression, and such students’ right to due process 

3 in connection with disciplinary actions, suspensions, and 

4 expulsions. 

5 ‘‘SEC. 1138. REGULATIONS. 

6 ‘‘(a) IN GENERAL.—The Secretary is authorized to 

7 issue only such regulations as are necessary to ensure com8 pliance with the specific provision of this Act. The Sec9 retary shall publish proposed regulations in the Federal 

10 Register, shall provide a period of not less than 90 days 

11 for public comment thereon, and shall place in parentheses 

12 after each regulatory section the citation to any statutory 

13 provision providing authority to promulgate such regu14 latory provision. 

15 ‘‘(b) MISCELLANEOUS.— 

16 ‘‘(1) CONSTRUCTION.—The provisions of this Act 

17 shall supersede any conflicting provisions of law (in18 cluding any conflicting regulations) in effect on the 

19 day before the date of the enactment of this Act and 

20 the Secretary is authorized to repeal any regulation 

21 inconsistent with the provisions of this Act. 

22 ‘‘(2) LEGAL AUTHORITY TO BE STATED.—Regu23 lations issued to implement this Act shall contain, 

24 immediately following each substantive provision of 

25 such regulations, citations to the particular section or 


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1 sections of statutory law or other legal authority upon 

2 which provision is based. 

3 ‘‘SEC. 1138A. REGIONAL MEETINGS AND NEGOTIATED RULE4 MAKING. 

5 ‘‘(a) MEETINGS.— 

6 ‘‘(1) IN GENERAL.—The Secretary shall obtain 

7 tribal involvement in the development of proposed reg8 ulations under this part and the Tribally Controlled 

9 Schools Act of 1988. The Secretary shall obtain the 

10 advice of and recommendations from representatives 

11 of Indian tribes with Bureau funded schools on their 

12 reservations, Indian tribes whose children attend Bu13 reau funded off-reservation boarding schools, school 

14 boards, administrators or employees of Bureau funded 

15 schools, and parents and teachers of students enrolled 

16 in Bureau funded schools. 

17 ‘‘(2) ISSUES.—The Secretary shall provide for a 

18 comprehensive discussion and exchange of informa19 tion concerning the implementation of this part and 

20 the Tribally Controlled Schools Act of 1988 through 

21 such mechanisms as regional meetings and electronic 

22 exchanges of information. The Secretary shall take 

23 into account the information received through such 

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1 tion in the Federal Register together with such pro2 posed regulations. 

3 ‘‘(b) DRAFT REGULATIONS.— 

4 ‘‘(1) IN GENERAL.—After obtaining the advice 

5 and recommendations described in subsection (a)(1) 

6 and before publishing proposed regulations in the 

7 Federal Register, the Secretary shall prepare draft 

8 regulations implementing this part and the Tribally 

9 Controlled Schools Act of 1988 and shall submit such 

10 regulations to a negotiated rulemaking process. Par11 ticipants in the negotiations process shall be chosen 

12 by the Secretary from individuals nominated by the 

13 entities described in subsection (a)(1). To the max14 imum extent possible, the Secretary shall ensure that 

15 the tribal representative membership chosen pursuant 

16 to the preceding sentence reflects the proportionate 

17 share of students from tribes served by the Bureau 

18 funded school system. The negotiation process shall be 

19 conducted in a timely manner in order that the final 

20 regulations may issued by the Secretary no later than 

21 18 months after the enactment of this section. 

22 ‘‘(2) NOTIFICATION TO CONGRESS.—If draft reg23 ulations implementing this part and the Tribally 

24 Controlled Schools Act of 1988 are not issued in final 

25 form by the deadline provided in paragraph (1), the 


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1 Secretary shall notify the appropriate committees of 

2 Congress of which draft regulations were not issued in 

3 final form by the deadline and the reason such final 

4 regulations were not issued. 

5 ‘‘(3) EXPANSION OF NEGOTIATED RULE6 MAKING.—All regulations pertaining to this part and 

7 the Tribally Controlled Schools Act of 1988 that are 

8 promulgated after the date of the enactment of this 

9 subsection shall be subject to a negotiated rulemaking 

10 (including the selection of the regulations to be nego11 tiated), unless the Secretary determines that applying 

12 such a requirement with respect to given regulations 

13 is impracticable, unnecessary, or contrary to the pub14 lic interest (within the meaning of section 

15 553(b)(3)(B) of title 5), and publishes the basis for 

16 such determination in the Federal Register at the 

17 same time as the proposed regulations in question are 

18 first published. All published proposed regulations 

19 shall conform to agreements resulting from such nego20 tiated rulemaking unless the Secretary reopens the ne21 gotiated rulemaking process or provides a written ex22 planation to the participants in that process why the 

23 Secretary has decided to depart from such agreements. 

24 Such negotiated rulemaking shall be conducted in ac25 cordance with the provisions of subsection (a), and 


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1 the Secretary shall ensure that a clear and reliable 

2 record of agreements reached during the negotiation 

3 process is maintained. 

4 ‘‘(c) APPLICABILITY OF FEDERAL ADVISORY COM5 MITTEE ACT.—The Federal Advisory Committee Act shall 

6 apply to activities carried out under this section. 

7 ‘‘SEC. 1139. EARLY CHILDHOOD DEVELOPMENT PROGRAM. 

8 ‘‘(a) IN GENERAL.—The Secretary shall provide grants 

9 to tribes, tribal organizations, and consortia of tribes and 

10 tribal organizations to fund early childhood development 

11 programs that are operated by such tribes, organizations, 

12 or consortia. 

13 ‘‘(b) AMOUNT OF GRANTS.— 

14 ‘‘(1) IN GENERAL.—The total amount of the 

15 grants provided under subsection (a) with respect to 

16 each tribe, tribal organization, or consortium of tribes 

17 or tribal organizations for each fiscal year shall be 

18 equal to the amount which bears the same relation19 ship to the total amount appropriated under the au20 thority of subsection (g) for such fiscal year (less 

21 amounts provided under subsection (f)) as— 

22 ‘‘(A) the total number of children under 6 

23 years of age who are members of— 

24 ‘‘(i) such tribe; 


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1 ‘‘(ii) the tribe that authorized such 

2 tribal organization; or 

3 ‘‘(iii) any tribe that— 

4 ‘‘(I) is a member of such consor5 tium; or 

6 ‘‘(II) authorizes any tribal orga7 nization that is a member of such con8 sortium; bears to 

9 ‘‘(B) the total number of all children under 

10 6 years of age who are members of any tribe 

11 that— 

12 ‘‘(i) is eligible to receive funds under 

13 subsection (a); 

14 ‘‘(ii) is a member of a consortium that 

15 is eligible to receive such funds; or 

16 ‘‘(iii) authorizes a tribal organization 

17 that is eligible to receive such funds. 

18 ‘‘(2) LIMITATION.—No grant may be provided 

19 under subsection (a)— 

20 ‘‘(A) to any tribe that has less than 500 

21 members; 

22 ‘‘(B) to any tribal organization which is 

23 authorized— 

24 ‘‘(i) by only one tribe that has less 

25 than 500 members; or 


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1 ‘‘(ii) by one or more tribes that have a 

2 combined total membership of less than 500 

3 members; or 

4 ‘‘(C) to any consortium composed of tribes, 

5 or tribal organizations authorized by tribes, that 

6 have a combined total tribal membership of less 

7 than 500 members. 

8 ‘‘(c) APPLICATION. 

9 ‘‘(1) IN GENERAL.—A grant may be provided 

10 under subsection (a) to a tribe, tribal organization, or 

11 consortia of tribes and tribal organizations only if the 

12 tribe, organization, or consortia submits to the Sec13 retary an application for the grant at such time and 

14 in such form as the Secretary shall prescribe. 

15 ‘‘(2) CONTENTS.—Applications submitted under 

16 paragraph (1) shall set forth the early childhood de17 velopment program that the applicant desires to oper18 ate. 

19 ‘‘(d) REQUIREMENT OF PROGRAMS FUNDED.—The 

20 early childhood development programs that are funded by 

21 grants provided under subsection (a)— 

22 ‘‘(1) shall coordinate existing programs and may 

23 provide services that meet identified needs of parents 

24 and children under 6 years of age which are not being 

25 met by existing programs, including— 


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1 ‘‘(A) prenatal care; 

2 ‘‘(B) nutrition education; 

3 ‘‘(C) health education and screening; 

4 ‘‘(D) family literacy services; 

5 ‘‘(E) educational testing; and 

6 ‘‘(F) other educational services; 

7 ‘‘(2) may include instruction in the language, 

8 art, and culture of the tribe; and 

9 ‘‘(3) shall provide for periodic assessment of the 

10 program. 

11 ‘‘(e) COORDINATION OF FAMILY LITERACY PRO12 GRAMS.—Family literacy programs operated under this 

13 section and other family literacy programs operated by the 

14 Bureau of Indian Affairs shall be coordinated with family 

15 literacy programs for Indian children under part B of title 

16 I of the Elementary and Secondary Education Act of 1965 

17 in order to avoid duplication and to encourage the dissemi18 nation of information on quality family literacy programs 

19 serving Indians. 

20 ‘‘(f) ADMINISTRATIVE COSTS.—The Secretary shall, 

21 out of funds appropriated under subsection (g), include in 

22 the grants provided under subsection (a) amounts for ad23 ministrative costs incurred by the tribe, tribal organization, 

24 or consortium of tribes in establishing and maintaining the 

25 early childhood development program. 


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1 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—For the 

2 purpose of carrying out the provisions of this section, there 

3 are authorized to be appropriated $10,000,000 for fiscal 

4 year 2002 and such sums as may be necessary for each of 

5 the fiscal years 2003, 2004, 2005, and 2006. 

6 ‘‘SEC. 1140. TRIBAL DEPARTMENTS OR DIVISIONS OF EDU7 CATION. 

8 ‘‘(a) IN GENERAL.—Subject to the availability of ap9 propriations, the Secretary shall provide grants and tech10 nical assistance to tribes for the development and operation 

11 of tribal departments of education for the purpose of plan12 ning and coordinating all educational programs of the 

13 tribe. 

14 ‘‘(b) GRANTS.—Grants provided under this section 

15 shall— 

16 ‘‘(1) be based on applications from the governing 

17 body of the tribe; 

18 ‘‘(2) reflect factors such as geographic and popu19 lation diversity; 

20 ‘‘(3) facilitate tribal control in all matters relat21 ing to the education of Indian children on Indian res22 ervations (and on former Indian reservations in 

23 Oklahoma); 

24 ‘‘(4) provide for the development of coordinated 

25 educational programs on Indian reservations (and on 


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1 former Indian reservations in Oklahoma) (including 

2 all preschool, elementary, secondary, and higher or 

3 vocational educational programs funded by tribal, 

4 Federal, or other sources) by encouraging tribal ad5 ministrative support of all Bureau funded edu6 cational programs as well as encouraging tribal co7 operation and coordination with all educational pro8 grams receiving financial support from State agen9 cies, other Federal agencies, or private entities; 

10 ‘‘(5) provide for the development and enforce11 ment of tribal educational codes, including tribal edu12 cational policies and tribal standards applicable to 

13 curriculum, personnel, students, facilities, and sup14 port programs; and 

15 ‘‘(6) otherwise comply with regulations for 

16 grants under section 103(a) of the Indian Self-Deter17 mination and Educational Assistance Act that are in 

18 effect on the date that application for such grants are 

19 made. 

20 ‘‘(c) PRIORITIES.— 

21 ‘‘(1) IN GENERAL.—In making grants under this 

22 section, the Secretary shall give priority to any appli23 cation that— 

24 ‘‘(A) includes assurances from the majority 

25 of Bureau funded schools located within the 


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1 boundaries of the reservation of the applicant 

2 that the tribal department of education to be 

3 funded under this section will provide coordi4 nating services and technical assistance to all of 

5 such schools, including the submission to each 

6 applicable agency of a unified application for 

7 funding for all of such schools which provides 

8 that— 

9 ‘‘(i) no administrative costs other than 

10 those attributable to the individual pro11 grams of such schools will be associated 

12 with the unified application; and 

13 ‘‘(ii) the distribution of all funds re14 ceived under the unified application will be 

15 equal to the amount of funds provided by 

16 the applicable agency to which each of such 

17 schools is entitled under law; 

18 ‘‘(B) includes assurances from the tribal 

19 governing body that the tribal department of 

20 education funded under this section will admin21 ister all contracts or grants (except those covered 

22 by the other provisions of this title and the Trib23 ally Controlled Community College Assistance 

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1 tered by the tribe and will coordinate all of the 

2 programs to the greatest extent possible; 

3 ‘‘(C) includes assurances for the monitoring 

4 and auditing by or through the tribal depart5 ment of education of all education programs for 

6 which funds are provided by contract or grant to 

7 ensure that the programs meet the requirements 

8 of law; and 

9 ‘‘(D) provides a plan and schedule for— 

10 ‘‘(i) the assumption over the term of 

11 the grant by the tribal department of edu12 cation of all assets and functions of the Bu13 reau agency office associated with the tribe, 

14 insofar as those responsibilities relate to 

15 education; and 

16 ‘‘(ii) the termination by the Bureau of 

17 such operations and office at the time of 

18 such assumption, 

19 except that when mutually agreeable between the 

20 tribal governing body and the Assistant Sec21 retary, the period in which such assumption is 

22 to occur may be modified, reduced, or extended 

23 after the initial year of the grant. 

24 ‘‘(2) TIME PERIOD OF GRANT.—Subject to the 

25 availability of appropriated funds, grants provided 


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1 under this section shall be provided for a period of 3 

2 years and the grant may, if performance by the 

3 grantee is satisfactory to the Secretary, be renewed for 

4 additional 3-year terms. 

5 ‘‘(d) TERMS, CONDITIONS, OR REQUIREMENTS.—The 

6 Secretary shall not impose any terms, conditions, or re7 quirements on the provision of grants under this section 

8 that are not specified in this section. 

9 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—For the 

10 purpose of carrying out the provisions of this section, there 

11 are authorized to be appropriated $2,000,000 for fiscal year 

12 2002 and such sums as may be necessary for each of the 

13 fiscal years 2003, 2004, 2005, and 2006. 

14 ‘‘SEC. 1141. DEFINITIONS. 

15 ‘‘For the purposes of this part, unless otherwise speci16 fied: 

17 ‘‘(1) AGENCY SCHOOL BOARD.—The term ‘agency 

18 school board’ means a body, the members of which are 

19 appointed by all of the school boards of the schools lo20 cated within an agency, including schools operated 

21 under contract or grant, and the number of such 

22 members shall be determined by the Secretary in con23 sultation with the affected tribes, except that, in agen24 cies serving a single school, the school board of such 

25 school shall fulfill these duties, and in agencies having 


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1 schools or a school operated under contract or grant, 

2 one such member at least shall be from such a school. 

3 ‘‘(2) BUREAU.—The term ‘Bureau’ means the 

4 Bureau of Indian Affairs of the Department of the In5 terior. 

6 ‘‘(3) BUREAU FUNDED SCHOOL.—The term ‘Bu7 reau funded school’ means— 

8 ‘‘(A) a Bureau school; 

9 ‘‘(B) a contract or grant school; or 

10 ‘‘(C) a school for which assistance is pro11 vided under the Tribally Controlled Schools Act 

12 of 1988. 

13 ‘‘(4) BUREAU SCHOOL.—The term ‘Bureau 

14 school’ means a Bureau operated elementary or sec15 ondary day or boarding school or a Bureau operated 

16 dormitory for students attending a school other than 

17 a Bureau school. 

18 ‘‘(5) CONTRACT OR GRANT SCHOOL.—The term 

19 ‘contract or grant school’ means an elementary or sec20 ondary school or dormitory which receives financial 

21 assistance for its operation under a contract, grant or 

22 agreement with the Bureau under section 102, 103(a), 

23 or 208 of the Indian Self-Determination and Edu24 cation Assistance Act, or under the Tribally Con25 trolled Schools Act of 1988. 


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1 ‘‘(6) EDUCATION LINE OFFICER.—The term ‘edu2 cation line officer’ means education personnel under 

3 the supervision of the Director, whether located in the 

4 central, area, or agency offices. 

5 ‘‘(7) FAMILY LITERACY SERVICES.—The term 

6 ‘family literacy services’ has the meaning given that 

7 term in section 8101 of the Elementary and Sec8 ondary Education Act of 1965 (20 U.S.C. 8801). 

9 ‘‘(8) FINANCIAL PLAN.—The term ‘financial 

10 plan’ means a plan of services provided by each Bu11 reau school. 

12 ‘‘(9) INDIAN ORGANIZATION.—the term ‘Indian 

13 organization’ means any group, association, partner14 ship, corporation, or other legal entity owned or con15 trolled by a federally recognized Indian tribe or 

16 tribes, or a majority of whose members are members 

17 of federally recognized tribes. 

18 ‘‘(10) LOCAL EDUCATIONAL AGENCY.—The term 

19 ‘local educational agency’ means a board of education 

20 or other legally constituted local school authority hav21 ing administrative control and direction of free public 

22 education in a county, township, independent, or 

23 other school district located within a State, and in24 cludes any State agency which directly operates and 


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1 maintains facilities for providing free public edu2 cation. 

3 ‘‘(11) LOCAL SCHOOL BOARD.—The term ‘local 

4 school board’, when used with respect to a Bureau 

5 school, means a body chosen in accordance with the 

6 laws of the tribe to be served or, in the absence of such 

7 laws, elected by the parents of the Indian children at8 tending the school, except that in schools serving a 

9 substantial number of students from different tribes, 

10 the members shall be appointed by the governing bod11 ies of the tribes affected, and the number of such 

12 members shall be determined by the Secretary in con13 sultation with the affected tribes. 

14 ‘‘(12) OFFICE.—The term ‘Office’ means the Of15 fice of Indian Education Programs within the Bu16 reau. 

17 ‘‘(13) SECRETARY.—The term ‘Secretary’ means 

18 the Secretary of the Interior. 

19 ‘‘(14) SUPERVISOR.—The term ‘supervisor’ 

20 means the individual in the position of ultimate au21 thority at a Bureau school. 

22 ‘‘(15) 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 ‘‘(16) TRIBE.—The term ‘tribe’ means any In4 dian tribe, band, nation, or other organized group or 

5 community, including any Alaska Native village or 

6 regional or village corporation as defined in or estab7 lished pursuant to the Alaska Native Claims Settle8 ment Act, which is recognized as eligible for the spe9 cial programs and services provided by the United 

10 States to Indians because of their status as Indians.’’. 

11 SEC. 314. TRIBALLY CONTROLLED SCHOOLS ACT OF 1988. 

12 Sections 5202 through 5212 of the Tribally Controlled 

13 Schools Act of 1988 (25 U.S.C. 2501 et seq.) are amended 

14 to read as follows: 

15 ‘‘SEC. 5202. FINDINGS. 

16 ‘‘Congress, after careful review of the Federal Govern17 ment’s historical and special legal relationship with, and 

18 resulting responsibilities to, Indians, finds that— 

19 ‘‘(1) the Indian Self-Determination and Edu20 cation Assistance Act, which was a product of the le21 gitimate aspirations and a recognition of the inherent 

22 authority of Indian nations, was and is a crucial 

23 positive step towards tribal and community control; 

24 ‘‘(2) the Bureau of Indian Affairs’ administra25 tion and domination of the contracting process under 


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1 such Act has not provided the full opportunity to de2 velop leadership skills crucial to the realization of 

3 self-government and has denied Indians an effective 

4 voice in the planning and implementation of pro5 grams for the benefit of Indians which are responsive 

6 to the true needs of Indian communities; 

7 ‘‘(3) Indians will never surrender their desire to 

8 control their relationships both among themselves and 

9 with non-Indian governments, organizations, and 

10 persons; 

11 ‘‘(4) true self-determination in any society of 

12 people is dependent upon an educational process 

13 which will ensure the development of qualified people 

14 to fulfill meaningful leadership roles; 

15 ‘‘(5) the Federal administration of education for 

16 Indian children has not effected the desired level of 

17 educational achievement or created the diverse oppor18 tunities and personal satisfaction that education can 

19 and should provide; 

20 ‘‘(6) true local control requires the least possible 

21 Federal interference; and 

22 ‘‘(7) the time has come to enhance the concepts 

23 made manifest in the Indian Self-Determination and 

24 Education Assistance Act. 


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1 ‘‘SEC. 5203. DECLARATION OF POLICY. 

2 ‘‘(a) RECOGNITION.—Congress recognizes the obliga3 tion of the United States to respond to the strong expression 

4 of the Indian people for self-determination by assuring 

5 maximum Indian participation in the direction of edu6 cational services so as to render such services more respon7 sive to the needs and desires of those communities. 

8 ‘‘(b) COMMITMENT.—Congress declares its commitment 

9 to the maintenance of the Federal Government’s unique and 

10 continuing trust relationship with and responsibility to the 

11 Indian people through the establishment of a meaningful 

12 Indian self-determination policy for education which will 

13 deter further perpetuation of Federal bureaucratic domina14 tion of programs. 

15 ‘‘(c) NATIONAL GOAL.—Congress declares that a major 

16 national goal of the United States is to provide the re17 sources, processes, and structure which will enable tribes 

18 and local communities to effect the quantity and quality 

19 of educational services and opportunities which will permit 

20 Indian children to compete and excel in the life areas of 

21 their choice and to achieve the measure of self-determination 

22 essential to their social and economic well-being. 

23 ‘‘(d) EDUCATIONAL NEEDS.—Congress affirms the re24 ality of the special and unique educational needs of Indian 

25 peoples, including the need for programs to meet the linVerDate Mar 15 2010 15:07 Jun 10, 2011 Jkt 223001 PO 00000 Frm 00603 Fmt 6652 Sfmt 6203 E:\ERIC\H1.RH2 H1

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1 guistic and cultural aspirations of Indian tribes and com2 munities. These may best be met through a grant process. 

3 ‘‘(e) FEDERAL RELATIONS.—Congress declares its 

4 commitment to these policies and its support, to the full 

5 extent of its responsibility, for Federal relations with the 

6 Indian Nations. 

7 ‘‘(f) TERMINATION.—Congress hereby repudiates and 

8 rejects House Resolution 108 of the 83d Congress and any 

9 policy of unilateral termination of Federal relations with 

10 any Indian Nation. 

11 ‘‘SEC. 5204. GRANTS AUTHORIZED. 

12 ‘‘(a) IN GENERAL.— 

13 ‘‘(1) ELIGIBILITY.—The Secretary shall provide 

14 grants to Indian tribes, and tribal organizations 

15 that— 

16 ‘‘(A) operate contract schools under title XI 

17 of the Education Amendments of 1978 and no18 tify the Secretary of their election to operate the 

19 schools with assistance under this part rather 

20 than continuing as contract school; 

21 ‘‘(B) operate other tribally controlled schools 

22 eligible for assistance under this part and submit 

23 applications (which are approved by their tribal 

24 governing bodies) to the Secretary for such 

25 grants; or 


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1 ‘‘(C) elect to assume operation of Bureau 

2 funded schools with the assistance under this 

3 part and submit applications (which are ap4 proved by their tribal governing bodies) to the 

5 Secretary for such grants. 

6 ‘‘(2) DEPOSIT OF FUNDS.—Grants provided 

7 under this part shall be deposited into the general op8 erating fund of the tribally controlled school with re9 spect to which the grant is made. 

10 ‘‘(3) USE OF FUNDS.—(A) Except as otherwise 

11 provided in this paragraph, grants provided under 

12 this part shall be used to defray, at the discretion of 

13 the school board of the tribally controlled school with 

14 respect to which the grant is provided, any expendi15 tures for education related activities for which any 

16 funds that compose the grant may be used under the 

17 laws described in section 5205(a), including, but not 

18 limited to, expenditures for— 

19 ‘‘(i) school operations, academic, edu20 cational, residential, guidance and counseling, 

21 and administrative purposes; and 

22 ‘‘(ii) support services for the school, includ23 ing transportation. 

24 ‘‘(B) Grants provided under this part may, at 

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1 trolled school with respect to which such grant is pro2 vided, be used to defray operations and maintenance 

3 expenditures for the school if any funds for the oper4 ation and maintenance of the school are allocated to 

5 the school under the provisions of any of the laws de6 scribed in section 5205(a). 

7 ‘‘(b) LIMITATIONS.— 

8 ‘‘(1) ONE GRANT PER TRIBE OR ORGANIZATION

9 PER FISCAL YEAR.—Not more than one grant may be 

10 provided under this part with respect to any Indian 

11 tribe or tribal organization for any fiscal year. 

12 ‘‘(2) NONSECTARIAN USE.—Funds provided 

13 under any grant made under this part may not be 

14 used in connection with religious worship or sec15 tarian instruction. 

16 ‘‘(3) ADMINISTRATIVE COSTS LIMITATION.— 

17 Funds provided under any grant under this part may 

18 not be expended for administrative costs (as defined 

19 in section 1128(h)(1) of the Education Amendments 

20 of 1978) in excess of the amount generated for such 

21 costs under section 1128 of such Act. 

22 ‘‘(c) LIMITATION ON TRANSFER OF FUNDS AMONG

23 SCHOOLSITES.— 


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1 ‘‘(1) IN GENERAL.—In the case of a grantee that 

2 operates schools at more than one schoolsite, the 

3 grantee may expend not more than the lesser of— 

4 ‘‘(A) 10 percent of the funds allocated for 

5 such schoolsite under section 1128 of the Edu6 cation Amendments of 1978; or 

7 ‘‘(B) $400,000 of such funds, at any other 

8 schoolsite. 

9 ‘‘(2) DEFINITION OF SCHOOLSITE.—For purposes 

10 of this subsection, the term ‘schoolsite’ means the 

11 physical location and the facilities of an elementary 

12 or secondary educational or residential program oper13 ated by, or under contract or grant with, the Bureau 

14 for which a discreet student count is identified under 

15 the funding formula established under section 1127 of 

16 the Education Amendments of 1978. 

17 ‘‘(d) NO REQUIREMENT TO ACCEPT GRANTS.—Noth18 ing in this part may be construed— 

19 ‘‘(1) to require a tribe or tribal organization to 

20 apply for or accept; or 

21 ‘‘(2) to allow any person to coerce any tribe or 

22 tribal organization to apply for, or accept, 

23 a grant under this part to plan, conduct, and administer 

24 all of, or any portion of, any Bureau program. Such appli25 cations and the timing of such applications shall be strictly 


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1 voluntary. Nothing in this part may be construed as allow2 ing or requiring any grant with any entity other than the 

3 entity to which the grant is provided. 

4 ‘‘(e) NO EFFECT ON FEDERAL RESPONSIBILITY.— 

5 Grants provided under this part shall not terminate, mod6 ify, suspend, or reduce the responsibility of the Federal Gov7 ernment to provide a program. 

8 ‘‘(f) RETROCESSION.— 

9 ‘‘(1) IN GENERAL.—Whenever a tribal governing 

10 body requests retrocession of any program for which 

11 assistance is provided under this part, such retroces12 sion shall become effective upon a date specified by 

13 the Secretary that is not later than 120 days after the 

14 date on which the tribal governing body requests the 

15 retrocession. A later date as may be specified if mutu16 ally agreed upon by the Secretary and the tribal gov17 erning body. If such a program is retroceded, the Sec18 retary shall provide to any Indian tribe served by 

19 such program at least the same quantity and quality 

20 of services that would have been provided under such 

21 program at the level of funding provided under this 

22 part prior to the retrocession. 

23 ‘‘(2) STATUS AFTER RETROCESSION.—The tribe 

24 requesting retrocession shall specify whether the ret25 rocession is to status as a Bureau operated school or 


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1 as a school operated under contract under title XI of 

2 the Education Amendments of 1978. 

3 ‘‘(3) TRANSFER OF EQUIPMENT AND MATE4 RIALS.—Except as otherwise determined by the Sec5 retary, the tribe or tribal organization operating the 

6 program to be retroceded must transfer to the Sec7 retary (or to the tribe or tribal organization which 

8 will operate the program as a contract school) the ex9 isting equipment and materials which were ac10 quired— 

11 ‘‘(A) with assistance under this part; or 

12 ‘‘(B) upon assumption of operation of the 

13 program under this part if the school was a Bu14 reau funded school under title XI of the Edu15 cation Amendments of 1978 before receiving as16 sistance under this part. 

17 ‘‘(g) PROHIBITION OF TERMINATION FOR ADMINISTRA18 TIVE CONVENIENCE.—Grants provided under this part may 

19 not be terminated, modified, suspended, or reduced solely 

20 for the convenience of the administering agency. 

21 ‘‘SEC. 5205. COMPOSITION OF GRANTS. 

22 ‘‘(a) IN GENERAL.—The grant provided under this 

23 part to an Indian tribe or tribal organization for any fiscal 

24 year shall consist of— 


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1 ‘‘(1) the total amount of funds allocated for such 

2 fiscal year under sections 1127 and 1128 of the Edu3 cation Amendments of 1978 with respect to the trib4 ally controlled schools eligible for assistance under 

5 this part which are operated by such Indian tribe or 

6 tribal organization, including, but not limited to, 

7 funds provided under such sections, or under any 

8 other provision of law, for transportation costs; 

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 Act, or any other provision of law, other fa14 cilities accounts for such schools for such fiscal year 

15 (including but not limited to those referenced under 

16 section 1126(d) of the Education Amendments of 1978 

17 or any other law); and 

18 ‘‘(3) the total amount of funds that are allocated 

19 to such schools 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, that 

25 are allocated to such schools for such fiscal year. 


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1 ‘‘(b) SPECIAL RULES.— 

2 ‘‘(1) IN GENERAL.—(A) Funds allocated to a 

3 tribally controlled school by reason of paragraph (1) 

4 or (2) of subsection (a) shall be subject to the provi5 sions of this part and shall not be subject to any ad6 ditional restriction, priority, or limitation that is im7 posed by the Bureau with respect to funds provided 

8 under— 

9 ‘‘(i) title I of the Elementary and Sec10 ondary Education Act of 1965; 

11 ‘‘(ii) the Individuals with Disabilities Edu12 cation Act; or 

13 ‘‘(iii) any Federal education law other than 

14 title XI of the Education Amendments of 1978. 

15 ‘‘(B) Indian tribes and tribal organizations to 

16 which grants are provided under this part, and trib17 ally controlled schools for which such grants are pro18 vided, shall not be subject to any requirements, obliga19 tions, restrictions, or limitations imposed by the Bu20 reau that would otherwise apply solely by reason of 

21 the receipt of funds provided under any law referred 

22 to in clause (i), (ii), or (iii) of subparagraph (A). 

23 ‘‘(2) SCHOOLS CONSIDERED CONTRACT

24 SCHOOLS.—Tribally controlled schools for which 

25 grants are provided under this part shall be treated 


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1 as contract schools for the purposes of allocation of 

2 funds under sections 1126(d), 1127, and 1128 of the 

3 Education Amendments of 1978. 

4 ‘‘(3) SCHOOLS CONSIDERED BUREAU

5 SCHOOLS.—Tribally controlled schools for which 

6 grants are provided under this chapter shall be treat7 ed as Bureau schools for the purposes of allocation of 

8 funds provided under— 

9 ‘‘(A) title I of the Elementary and Sec10 ondary Education Act of 1965; 

11 ‘‘(B) the Individuals with Disabilities Edu12 cation Act; and 

13 ‘‘(C) any other Federal education law, that 

14 are distributed through the Bureau. 

15 ‘‘(4) ACCOUNTS; USE OF CERTAIN FUNDS.—(A) 

16 Notwithstanding section 5204(a)(2), with respect to 

17 funds from facilities improvement and repair, alter18 ation and renovation (major or minor), health and 

19 safety, or new construction accounts included in the 

20 grant under section 5204(a), the grantee shall main21 tain a separate account for such funds. At the end of 

22 the period designated for the work covered by the 

23 funds received, the grantee shall submit to the Sec24 retary a separate accounting of the work done and the 

25 funds expended to the Secretary. Funds received from 


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1 these accounts may only be used for the purpose for 

2 which they were appropriated and for the work en3 compassed by the application or submission under 

4 which they were received. 

5 ‘‘(B) Notwithstanding subparagraph (A), a 

6 school receiving a grant under this part for facilities 

7 improvement and repair may use such grant funds 

8 for new construction if the tribal government or other 

9 organization provides funding for the new construc10 tion equal to at least 25 percent of the total cost of 

11 such new construction. 

12 ‘‘(C) Where the appropriations measure or the 

13 application submission does not stipulate a period for 

14 the work covered by the funds so designated, the Sec15 retary and the grantee shall consult and determine 

16 such a period prior to the transfer of the funds. A pe17 riod so determined may be extended upon mutual 

18 agreement of the Secretary and the grantee. 

19 ‘‘(5) ENFORCEMENT OF REQUEST TO INCLUDE

20 FUNDS.—If the Secretary fails to carry out a request 

21 made under subsection (a)(2) within 180 days of a 

22 request filed by an Indian tribe or tribal organization 

23 to include in such tribe or organization’s grant the 

24 funds described in subsection (a)(2), the Secretary 

25 shall be deemed to have approved such request and the 


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1 Secretary shall immediately amend the grant accord2 ingly. Such tribe or organization may enforce its 

3 rights under subsection (a)(2) and this paragraph, in4 cluding any denial or failure to act on such tribe or 

5 organization’s request, pursuant to the disputes au6 thority described in section 5209(e). 

7 ‘‘SEC. 5206. ELIGIBILITY FOR GRANTS. 

8 ‘‘(a) RULES.— 

9 ‘‘(1) IN GENERAL.—A tribally controlled school 

10 is eligible for assistance under this part if the 

11 school— 

12 ‘‘(A) on April 28, 1988, was a contract 

13 school under title XI of the Education Amend14 ments of 1978 and the tribe or tribal organiza15 tion operating the school submits to the Sec16 retary a written notice of election to receive a 

17 grant under this part; 

18 ‘‘(B) was a Bureau operated school under 

19 title XI of the Education Amendments of 1978 

20 and has met the requirements of subsection (b); 

21 ‘‘(C) is a school for which the Bureau has 

22 not provided funds, but which has met the re23 quirements of subsection (c); or 


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1 ‘‘(D) is a school with respect to which an 

2 election has been made under paragraph (2) and 

3 which has met the requirements of subsection (b). 

4 ‘‘(2) NEW SCHOOLS.—Any application which 

5 has been submitted under the Indian Self-Determina6 tion and Education Assistance Act by an Indian tribe 

7 for a school which is not in operation on the date of 

8 the enactment of the No Child Left Behind Act of 

9 2001 shall be reviewed under the guidelines and regu10 lations for applications submitted under the Indian 

11 Self-Determination and Education Assistance Act 

12 that were in effect at the time the application was 

13 submitted, unless the Indian tribe or tribal organiza14 tion elects to have the application reviewed under the 

15 provisions of subsection (b). 

16 ‘‘(b) ADDITIONAL REQUIREMENTS FOR BUREAU FUND17 ED SCHOOLS AND CERTAIN ELECTING SCHOOLS.— 

18 ‘‘(1) BUREAU FUNDED SCHOOLS.—A school that 

19 was a Bureau funded school under title XI of the 

20 Education Amendments of 1978 on the date of the en21 actment of the No Child Left Behind Act of 2001, and 

22 any school with respect to which an election is made 

23 under subsection (a)(2), meets the requirements of this 

24 subsection if— 


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1 ‘‘(A) the Indian tribe or tribal organization 

2 that operates, or desires to operate, the school 

3 submits to the Secretary an application request4 ing that the Secretary— 

5 ‘‘(i) transfer operation of the school to 

6 the Indian tribe or tribal organization, if 

7 the Indian tribe or tribal organization is 

8 not already operating the school; and 

9 ‘‘(ii) make a determination as to 

10 whether the school is eligible for assistance 

11 under this part; and 

12 ‘‘(B) the Secretary makes a determination 

13 that the school is eligible for assistance under 

14 this part. 

15 ‘‘(2) CERTAIN ELECTING SCHOOLS.—(A) By not 

16 later than the date that is 120 days after the date on 

17 which an application is submitted to the Secretary 

18 under paragraph (1)(A), the Secretary shall deter19 mine— 

20 ‘‘(i) in the case of a school which is not 

21 being operated by the Indian tribe or tribal or22 ganization, whether to transfer operation of the 

23 school to the Indian tribe or tribal organization; 

24 and 


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1 ‘‘(ii) whether the school is eligible for assist2 ance under this part. 

3 ‘‘(B) In considering applications submitted 

4 under paragraph (1)(A), the Secretary— 

5 ‘‘(i) shall transfer operation of the school to 

6 the Indian tribe or tribal organization, if the 

7 tribe or tribal organization is not already oper8 ating the school; and 

9 ‘‘(ii) shall determine that the school is eligi10 ble for assistance under this part, unless the Sec11 retary finds by clear and convincing evidence 

12 that the services to be provided by the Indian 

13 tribe or tribal organization will be deleterious to 

14 the welfare of the Indians served by the school. 

15 ‘‘(C) In considering applications submitted 

16 under paragraph (1)(A), the Secretary shall consider 

17 whether the Indian tribe or tribal organization would 

18 be deficient in operating the school with respect to— 

19 ‘‘(i) equipment; 

20 ‘‘(ii) bookkeeping and accounting proce21 dures; 

22 ‘‘(iii) ability to adequately manage a school; 

23 or 

24 ‘‘(iv) adequately trained personnel. 


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1 ‘‘(c) ADDITIONAL REQUIREMENTS FOR A SCHOOL

2 WHICH IS NOT A BUREAU FUNDED SCHOOL.— 

3 ‘‘(1) IN GENERAL.—A school which is not a Bu4 reau funded school under title XI of the Education 

5 Amendments of 1978 meets the requirements of this 

6 subsection if— 

7 ‘‘(A) the Indian tribe or tribal organization 

8 that operates, or desires to operate, the school 

9 submits to the Secretary an application request10 ing a determination by the Secretary as to 

11 whether the school is eligible for assistance under 

12 this part; and 

13 ‘‘(B) the Secretary makes a determination 

14 that a school is eligible for assistance under this 

15 part. 

16 ‘‘(2) DEADLINE FOR DETERMINATION BY SEC17 RETARY.—(A) By not later than the date that is 180 

18 days after the date on which an application is sub19 mitted to the Secretary under paragraph (1)(A), the 

20 Secretary shall determine whether the school is eligible 

21 for assistance under this part. 

22 ‘‘(B) In making the determination under sub23 paragraph (A), the Secretary shall give equal consid24 eration to each of the following factors: 


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1 ‘‘(i) with respect to the applicant’s pro2 posal— 

3 ‘‘(I) the adequacy of facilities or the 

4 potential to obtain or provide adequate fa5 cilities; 

6 ‘‘(II) geographic and demographic fac7 tors in the affected areas; 

8 ‘‘(III) adequacy of the applicant’s pro9 gram plans; 

10 ‘‘(IV) geographic proximity of com11 parable public education; and 

12 ‘‘(V) the needs as expressed by all af13 fected parties, including but not limited to 

14 students, families, tribal governments at 

15 both the central and local levels, and school 

16 organizations; and 

17 ‘‘(ii) with respect to all education services 

18 already available— 

19 ‘‘(I) geographic and demographic fac20 tors in the affected areas; 

21 ‘‘(II) adequacy and comparability of 

22 programs already available; 

23 ‘‘(III) consistency of available pro24 grams with tribal education codes or tribal 

25 legislation on education; and 


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1 ‘‘(IV) the history and success of these 

2 services for the proposed population to be 

3 served, as determined from all factors in4 cluding, if relevant, standardized examina5 tion performance. 

6 ‘‘(C) The Secretary may not make a deter7 mination under this paragraph that is pri8 marily based upon the geographic proximity of 

9 comparable public education. 

10 ‘‘(D) Applications submitted under para11 graph (1)(A) shall include information on the 

12 factors described in subparagraph (B)(i), but the 

13 applicant may also provide the Secretary such 

14 information relative to the factors described in 

15 subparagraph (B)(ii) as the applicant considers 

16 appropriate. 

17 ‘‘(E) If the Secretary fails to make a deter18 mination under subparagraph (A) with respect 

19 to an application within 180 days after the date 

20 on which the Secretary received the application, 

21 the Secretary shall be treated as having made a 

22 determination that the tribally controlled school 

23 is eligible for assistance under the title and the 

24 grant shall become effective 18 months after the 

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1 tion, or on an earlier date, at the Secretary’s 

2 discretion. 

3 ‘‘(d) FILING OF APPLICATIONS AND REPORTS.— 

4 ‘‘(1) IN GENERAL.—All applications and reports 

5 submitted to the Secretary under this part, and any 

6 amendments to such applications or reports, shall be 

7 filed with the education line officer designated by the 

8 Director of the Office of Indian Education Programs 

9 of the Bureau of Indian Affairs. The date on which 

10 such filing occurs shall, for purposes of this part, be 

11 treated as the date on which the application or 

12 amendment was submitted to the Secretary. 

13 ‘‘(2) SUPPORTING DOCUMENTATION.—Any appli14 cation that is submitted under this chapter shall be 

15 accompanied by a document indicating the action 

16 taken by the tribal governing body in authorizing 

17 such application. 

18 ‘‘(e) EFFECTIVE DATE FOR APPROVED APPLICA19 TIONS.—Except as provided by subsection (c)(2)(E), a 

20 grant provided under this part, and any transfer of the op21 eration of a Bureau school made under subsection (b), shall 

22 become effective beginning the academic year succeeding the 

23 fiscal year in which the application for the grant or transfer 

24 is made, or at an earlier date determined by the Secretary. 

25 ‘‘(f) DENIAL OF APPLICATIONS.— 


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1 ‘‘(1) IN GENERAL.—Whenever the Secretary re2 fuses to approve a grant under this chapter, to trans3 fer operation of a Bureau school under subsection (b), 

4 or determines that a school is not eligible for assist5 ance under this part, the Secretary shall— 

6 ‘‘(A) state the objections in writing to the 

7 tribe or tribal organization within the allotted 

8 time; 

9 ‘‘(B) provide assistance to the tribe or tribal 

10 organization to overcome all stated objections. 

11 ‘‘(C) at the request of the tribe or tribal or12 ganization, provide the tribe or tribal organiza13 tion a hearing on the record under the same 

14 rules and regulations that apply under the In15 dian Self-Determination and Education Assist16 ance Act; and 

17 ‘‘(D) provide an opportunity to appeal the 

18 objection raised. 

19 ‘‘(2) TIMELINE FOR RECONSIDERATION OF

20 AMENDED APPLICATIONS.—The Secretary shall recon21 sider any amended application submitted under this 

22 part within 60 days after the amended application is 

23 submitted to the Secretary. 

24 ‘‘(g) REPORT.—The Bureau shall submit an annual 

25 report to the Congress on all applications received, and acVerDate Mar 15 2010 15:07 Jun 10, 2011 Jkt 223001 PO 00000 Frm 00622 Fmt 6652 Sfmt 6203 E:\ERIC\H1.RH2 H1

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1 tions taken (including the costs associated with such ac2 tions), under this section at the same time that the Presi3 dent is required to submit to Congress the budget under sec4 tion 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 shall complete an annual re17 port which shall be limited to— 

18 ‘‘(A) an annual financial statement report19 ing revenue and expenditures as defined by the 

20 cost accounting established by the grantee; 

21 ‘‘(B) an annual financial audit conducted 

22 pursuant to the standards of the Single Audit 

23 Act of 1984; 

24 ‘‘(C) an annual submission to the Secretary 

25 of the number of students served and a brief deVerDate Mar 15 2010 15:07 Jun 10, 2011 Jkt 223001 PO 00000 Frm 00623 Fmt 6652 Sfmt 6203 E:\ERIC\H1.RH2 H1

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1 scription of programs offered under the grant; 

2 and 

3 ‘‘(D) a program evaluation conducted by an 

4 impartial evaluation review team, to be based on 

5 the standards established for purposes of sub6 section (c)(1)(A)(ii). 

7 ‘‘(2) EVALUATION REVIEW TEAMS.—Where ap8 propriate, other tribally controlled schools and rep9 resentatives of tribally controlled community colleges 

10 shall make up members of the evaluation review 

11 teams. 

12 ‘‘(3) EVALUATIONS.—In the case of a school 

13 which is accredited, evaluations will be conducted at 

14 intervals under the terms of accreditation. 

15 ‘‘(4) SUBMISSION OF REPORT.— 

16 ‘‘(A) TO TRIBALLY GOVERNING BODY.— 

17 Upon completion of the report required under 

18 paragraph (a), the recipient of the grant shall 

19 send (via first class mail, return receipt re20 quested) a copy of such annual report to the trib21 al governing body (as defined in section 1132(f) 

22 of the Education Amendments of 1978) of the 

23 tribally controlled school. 

24 ‘‘(B) TO SECRETARY.—Not later than 30 

25 days after receiving written confirmation that 


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1 the tribal governing body has received the report 

2 send pursuant to subsection (A), the recipient of 

3 the grant shall send a copy of the report to the 

4 Secretary. 

5 ‘‘(c) REVOCATION OF ELIGIBILITY.— 

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

7 revoke a determination that a school is eligible for as8 sistance under this part if— 

9 ‘‘(i) the Indian tribe or tribal organization 

10 submits the reports required under subsection (b) 

11 with respect to the school; and 

12 ‘‘(ii) at least one of the following subclauses 

13 applies with respect to the school: 

14 ‘‘(I) The school is certified or accred15 ited by a State or regional accrediting asso16 ciation or is a candidate in good standing 

17 for such accreditation under the rules of the 

18 State or regional accrediting association, 

19 showing that credits achieved by the stu20 dents within the education programs are, or 

21 will be, accepted at grade level by a State 

22 certified or regionally accredited institution. 

23 ‘‘(II) A determination made by the 

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1 clause (I), or the candidacy in good stand2 ing for such accreditation, will be reached 

3 by the school within 3 years and that the 

4 program offered by the school is beneficial to 

5 the Indian students. 

6 ‘‘(III) The school is accredited by a 

7 tribal department of education if such ac8 creditation is accepted by a generally recog9 nized regional or State accreditation agen10 cy. 

11 ‘‘(IV) The schools accept the standards 

12 promulgated under section 1121 of the Edu13 cation Amendments of 1978 and an evalua14 tion of performance is conducted under this 

15 section in conformance with the regulations 

16 pertaining to Bureau operated schools by 

17 an impartial evaluator chosen by the grant18 ee, but no grantee shall be required to com19 ply with these standards to a higher degree 

20 than a comparable Bureau operated school. 

21 ‘‘(V) A positive evaluation of the school 

22 is conducted by an impartial evaluator 

23 agreed upon by the Secretary and the grant24 ee every 2 years under standards adopted 

25 by the contractor under a contract for a 


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1 school entered into under the Indian Self2 Determination and Education Assistance 

3 Act (or revisions of such standards agreed to 

4 by the Secretary and the grantee) prior to 

5 the date of the enactment of this Act. If the 

6 Secretary and the grantee other than the 

7 tribal governing body fail to agree on such 

8 an evaluator, the tribal governing body 

9 shall choose the evaluator or perform the 

10 evaluation. If the Secretary and a grantee 

11 which is the tribal governing body fail to 

12 agree on such an evaluator, this subclause 

13 shall not apply. 

14 ‘‘(B) The choice of standards employed for the 

15 purpose of subparagraph (A)(ii) shall be consistent 

16 with section 1121(e) of the Education Amendments of 

17 1978. 

18 ‘‘(2) NOTICE REQUIREMENTS FOR REVOCA19 TION.—The Secretary shall not revoke a determina20 tion that a school is eligible for assistance under this 

21 part, or reassume control of a school that was a Bu22 reau school prior to approval of an application sub23 mitted under section 5206(b)(1)(A) until the Sec24 retary— 


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1 ‘‘(A) provides notice to the tribally con2 trolled school and the tribal governing body 

3 (within the meaning of section 1141(14) of the 

4 Education Amendments of 1978) of the tribally 

5 controlled school which states— 

6 ‘‘(i) the specific deficiencies that led to 

7 the revocation or resumption determination; 

8 and 

9 ‘‘(ii) the actions that are needed to 

10 remedy such deficiencies; and 

11 ‘‘(B) affords such authority an opportunity 

12 to effect the remedial actions. 

13 ‘‘(3) TECHNICAL ASSISTANCE.—The Secretary 

14 shall provide such technical assistance as is prac15 ticable to effect such remedial actions. Such notice 

16 and technical assistance shall be in addition to a 

17 hearing and appeal to be conducted pursuant to the 

18 regulations described in section 5206(f)(1)(C). 

19 ‘‘(d) APPLICABILITY OF SECTION PURSUANT TO ELEC20 TION UNDER SECTION 5209(b).—With respect to a tribally 

21 controlled school which receives assistance under this part 

22 pursuant to an election made under section 5209(b)— 

23 ‘‘(1) subsection (b) of this section shall apply; 

24 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) of this section. 

4 ‘‘SEC. 5208. PAYMENT OF GRANTS; INVESTMENT OF FUNDS. 

5 ‘‘(a) PAYMENTS.— 

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

7 in this subsection, the Secretary shall make payments 

8 to grantees under this part in two payments, of 

9 which— 

10 ‘‘(A) the first payment shall be made not 

11 later than July 15 of each year in an amount 

12 equal to 85 percent of the amount which the 

13 grantee was entitled to receive during the pre14 ceding academic year; and 

15 ‘‘(B) the second payment, consisting of the 

16 remainder to which the grantee is entitled for the 

17 academic year, shall be made not later than De18 cember 1 of each year. 

19 ‘‘(2) NEWLY FUNDED SCHOOLS.—For any school 

20 for which no payment under this part was made from 

21 Bureau funds in the preceding academic year, full 

22 payment of the amount computed for the first aca23 demic year of eligibility under this part shall be made 

24 not later than December 1 of the academic year. 


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1 ‘‘(3) LATE FUNDING.—With regard to funds for 

2 grantees that become available for obligation on Octo3 ber 1 of the fiscal year for which such funds are ap4 propriated, the Secretary shall make payments to 

5 grantees not later than December 1 of the fiscal year. 

6 ‘‘(4) APPLICABILITY OF CERTAIN TITLE 31 PROVI7 SIONS.—The provisions of chapter 39 of Title 31, 

8 United States Code, shall apply to the payments re9 quired to be made by paragraphs (1), (2), and (3). 

10 ‘‘(5) RESTRICTIONS.—Paragraphs (1), (2), and 

11 (3) shall be subject to any restriction on amounts of 

12 payments under this part that are imposed by a con13 tinuing resolution or other Act appropriating the 

14 funds involved. 

15 ‘‘(b) INVESTMENT OF FUNDS.— 

16 ‘‘(1) TREATMENT OF INTEREST AND INVESTMENT

17 INCOME.—Notwithstanding any other provision of 

18 law, any interest or investment income that accrues 

19 to any funds provided under this part after such 

20 funds are paid to the Indian tribe or tribal organiza21 tion and before such funds are expended for the pur22 pose for which such funds were provided under this 

23 part shall be the property of the Indian tribe or tribal 

24 organization and shall not be taken into account by 

25 any officer or employee of the Federal Government in 


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1 determining whether to provide assistance, or the 

2 amount of assistance, under any provision of Federal 

3 law. Such interest income shall be spent on behalf of 

4 the school. 

5 ‘‘(2) PERMISSIBLE INVESTMENTS.—Funds pro6 vided under this part may be invested by the Indian 

7 tribe or tribal organization before such funds are ex8 pended for the purposes of this part so long as such 

9 funds are— 

10 ‘‘(A) invested by the Indian tribe or tribal 

11 organization only in obligations of the United 

12 States, or in obligations or securities that are 

13 guaranteed or insured by the United States, or 

14 mutual (or other) funds registered with the Secu15 rities and Exchange Commission and which only 

16 invest in obligations of the United States, or se17 curities that are guaranteed or insured by the 

18 United States; or 

19 ‘‘(B) deposited only into accounts that are 

20 insure by and agency or instrumentality of the 

21 United States, or are fully collateralized to en22 sure protection of the funds, even in the event of 

23 a bank failure. 

24 ‘‘(c) RECOVERIES.—For the purposes of underrecovery 

25 and overrecovery determinations by any Federal agency for 


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1 any other funds, from whatever source derived, funds re2 ceived under this part shall not be taken into consideration. 

3 ‘‘SEC. 5209. APPLICATION WITH RESPECT TO INDIAN SELF4 DETERMINATION AND EDUCATION ASSIST5 ANCE ACT. 

6 ‘‘(a) CERTAIN PROVISIONS TO APPLY TO GRANTS.— 

7 The following provisions of the Indian Self-Determination 

8 and Education Assistance Act (and any subsequent revi9 sions thereto or renumbering thereof), shall apply to grants 

10 provided under this part: 

11 ‘‘(1) Section 5(f) (relating to single agency 

12 audit). 

13 ‘‘(2) Section 6 (relating to criminal activities; 

14 penalties). 

15 ‘‘(3) Section 7 (relating to wage and labor stand16 ards). 

17 ‘‘(4) Section 104 (relating to retention of Federal 

18 employee coverage). 

19 ‘‘(5) Section 105(f) (relating to Federal prop20 erty). 

21 ‘‘(6) Section 105(k) (relating to access to Federal 

22 sources of supply). 

23 ‘‘(7) Section 105(l) (relating to lease of facility 

24 used for administration and delivery of services). 


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1 ‘‘(8) Section 106(e) (relating to limitation on 

2 remedies relating to cost allowances). 

3 ‘‘(9) Section 106(i) (relating to use of funds for 

4 matching or cost participation requirements). 

5 ‘‘(10) Section 106(j) (relating to allowable uses 

6 of funds). 

7 ‘‘(11) Section 108(c) (Model Agreements provi8 sions (1)(a)(5) (relating to limitations of costs), 

9 (1)(a)(7) (relating to records and monitoring), 

10 (1)(a)(8) (relating to property), and (a)(1)(9) (relat11 ing to availability of funds). 

12 ‘‘(12) Section 109 (relating to reassumption). 

13 ‘‘(13) Section 111 (relating to sovereign immu14 nity and trusteeship rights unaffected). 

15 ‘‘(b) ELECTION FOR GRANT IN LIEU OF CONTRACT.— 

16 ‘‘(1) IN GENERAL.—Contractors for activities to 

17 which this part applies who have entered into a con18 tract under the Indian Self-Determination and Edu19 cation Assistance Act that is in effect upon the date 

20 of the enactment of the No Child Left Behind Act of 

21 2001 may, by giving notice to the Secretary, elect to 

22 have the provisions of this part apply to such activity 

23 in lieu of such contract. 


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1 ‘‘(2) EFFECTIVE DATE OF ELECTION.—Any elec2 tion made under paragraph (1) shall take effect on 

3 the later of— 

4 ‘‘(A) October 1 of the fiscal year succeeding 

5 the fiscal year in which such election is made; or 

6 ‘‘(B) 60 days after the date of such election. 

7 ‘‘(3) EXCEPTION.—In any case in which the 60- 

8 day period referred to in paragraph (2)(B) is less 

9 than 60 days before the beginning of the succeeding 

10 fiscal year, such election shall not take effect until the 

11 fiscal year after the fiscal year succeeding the election. 

12 ‘‘(c) NO DUPLICATION.—No funds may be provided 

13 under any contract entered into under the Indian Self-De14 termination and Education Assistance Act to pay any ex15 penses incurred in providing any program or services if 

16 a grant has been made under this part to pay such expenses. 

17 ‘‘(d) TRANSFERS AND CARRYOVERS.— 

18 ‘‘(1) BUILDINGS, EQUIPMENT, SUPPLIES, MATE19 RIALS.—A tribe or tribal organization assuming the 

20 operation of— 

21 ‘‘(A) a Bureau school with assistance under 

22 this part shall be entitled to the transfer or use 

23 of buildings, equipment, supplies, and materials 

24 to the same extent as if it were contracting under 


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1 the Indian Self-Determination and Education 

2 Assistance Act; or 

3 ‘‘(B) a contract school with assistance under 

4 this part shall be entitled to the transfer or use 

5 of buildings, equipment, supplies and materials 

6 that were used in the operation of the contract 

7 school to the same extent as if it were contracting 

8 under the Indian Self-Determination and Edu9 cation Assistance Act. 

10 ‘‘(2) FUNDS.—Any tribe or tribal organization 

11 which assumes operation of a Bureau school with as12 sistance under this part and any tribe or tribal orga13 nization which elects to operate a school with assist14 ance under this part rather that to continue as a con15 tract school shall be entitled to any funds which 

16 would carryover from the previous fiscal year as if 

17 such school were operated as a contract school. 

18 ‘‘(e) EXCEPTIONS, PROBLEMS, AND DISPUTES.—Any 

19 exception or problem cited in an audit conducted pursuant 

20 to section 5207(b)(2), any dispute regarding a grant au21 thorized to be made pursuant to this part or any amend22 ment to such grant, and any dispute involving an adminis23 trative cost grant under section 1128 of the Education 

24 Amendments of 1978 shall be administered under the provi25 sions governing such exceptions, problems, or disputes in 


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1 the case of contracts under the Indian Self-Determination 

2 and Education Assistance Act of 1975. The Equal Access 

3 to Justice Act shall apply to administrative appeals filed 

4 after September 8, 1988, by grantees regarding a grant 

5 under this part, including an administrative cost grant. 

6 ‘‘SEC. 5210. ROLE OF THE DIRECTOR. 

7 ‘‘Applications for grants under this part, and all ap8 plication modifications, shall be reviewed and approved by 

9 personnel under the direction and control of the Director 

10 of the Office of Indian Education Programs. Required re11 ports shall be submitted to education personnel under the 

12 direction and control of the Director of such Office. 

13 ‘‘SEC. 5211. REGULATIONS. 

14 ‘‘The Secretary is authorized to issue regulations relat15 ing to the discharge of duties specifically assigned to the 

16 Secretary by this part. In all other matters relating to the 

17 details of planning, development, implementing, and evalu18 ating grants under this part, the Secretary shall not issue 

19 regulations. Regulations issued pursuant to this part shall 

20 not have the standing of a Federal statute for the purposes 

21 of judicial review. 

22 ‘‘SEC. 5212. THE TRIBALLY CONTROLLED GRANT SCHOOL 

23 ENDOWMENT PROGRAM. 

24 ‘‘(a) IN GENERAL.— 


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1 ‘‘(1) TRUST FUNDS.—Each school receiving 

2 grants under this part may establish, at a Federally 

3 insured banking and savings institution, a trust fund 

4 for the purposes of this section. 

5 ‘‘(2) AUTHORITY OF SCHOOLS REGARDING TRUST

6 FUNDS.—The school may provide— 

7 ‘‘(A) for the deposit into the trust fund, only 

8 funds from non-Federal sources, except that the 

9 interest on funds received from grants under this 

10 part may be used for this purpose; 

11 ‘‘(B) for the deposit in the account of any 

12 earnings on funds deposited in the account; and 

13 ‘‘(C) for the sole use of the school any 

14 noncash, in-kind contributions of real or per15 sonal property, such property may at any time 

16 be converted to cash. 

17 ‘‘(b) INTEREST.—Interest from the fund established 

18 under subsection (a) may periodically be withdrawn and 

19 used, at the discretion of the school, to defray any expenses 

20 associated with the operation of the school. 

21 ‘‘SEC. 5213. DEFINITIONS. 

22 ‘‘For the purposes of this part: 

23 ‘‘(1) BUREAU.—The term ‘Bureau’ means the 

24 Bureau of Indian Affairs of the Department of the In25 terior. 


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1 ‘‘(2) ELIGIBLE INDIAN STUDENT.—The term ‘eli2 gible Indian student’ has the meaning of such term in 

3 section 1127(f) of the Education Amendments of 1978. 

4 ‘‘(3) INDIAN TRIBE.—The term ‘Indian tribe’ 

5 means any Indian tribe, band, nation, or other orga6 nized group or community, including Alaska Native 

7 Village or regional corporations (as defined in or es8 tablished pursuant to the Alaskan Native Claims Set9 tlement Act, which is recognized as eligible for the 

10 special programs and services provided by the United 

11 States to Indians because of their status as Indians. 

12 ‘‘(4) 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 or secondary schools in a city, county, 

18 township, school district, or other political subdivi19 sion of a State or such combination of school districts 

20 or counties as are recognized in a State as an admin21 istrative agency for its public elementary or sec22 ondary schools. Such term includes any other public 

23 institution or agency having administrative control 

24 and direction of a public elementary or secondary 

25 school. 


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1 ‘‘(5) SECRETARY.—The term ‘Secretary’ means 

2 the Secretary of the Interior. 

3 ‘‘(6) TRIBAL ORGANIZATION.—(A) The term 

4 ‘tribal organization’ means— 

5 ‘‘(i) the recognized governing body of any 

6 Indian tribe; or 

7 ‘‘(ii) any legally established organization of 

8 Indians which— 

9 ‘‘(I) is controlled, sanctioned, or char10 tered by such governing body or is demo11 cratically elected by the adult members of 

12 the Indian community to be served by such 

13 organization; and 

14 ‘‘(II) includes the maximum participa15 tion of Indians in all phases of its activi16 ties. 

17 ‘‘(B) In any case in which a grant is provided 

18 under this part to an organization to provide services 

19 benefiting more than one Indian tribe, the approval 

20 of the governing bodies of Indian tribes representing 

21 80 percent of those students attending the tribally 

22 controlled school shall be considered a sufficient tribal 

23 authorization for such grant. 

24 ‘‘(7) TRIBALLY CONTROLLED SCHOOL.—The term 

25 ‘tribally controlled school’ means a school operated by 


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1 a tribe or a tribal organization, enrolling students in 

2 kindergarten through grade 12, including preschools, 

3 which is not a local educational agency and which is 

4 not directly administered by the Bureau of Indian Af5 fairs.’’. 

6 TITLE IV—PROMOTING IN7 FORMED PARENTAL CHOICE 

8 AND INNOVATIVE PROGRAMS 

9 PART A—INNOVATIVE PROGRAMS 

10 SEC. 401. INNOVATIVE PROGRAMS. 

11 Title IV is amended to read as follows: 

12 ‘‘TITLE IV—PROMOTING IN13 FORMED PARENTAL CHOICE 

14 AND INNOVATIVE PROGRAMS 

15 ‘‘PART A—INNOVATIVE PROGRAMS 

16 ‘‘Subpart 1—State and Local Innovative Programs 

17 ‘‘SEC. 4101. FINDINGS AND STATEMENT OF PURPOSE. 

18 ‘‘(a) FINDINGS.—Congress finds that this subpart— 

19 ‘‘(1) provides flexibility to meet local needs; 

20 ‘‘(2) promotes local and State education reforms; 

21 ‘‘(3) contributes to the improvement of academic 

22 achievement for all students; 

23 ‘‘(4) provides funding for critical activities; and 

24 ‘‘(5) provides services for private school students. 


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1 ‘‘(b) STATEMENT OF PURPOSE.—It is the purpose of 

2 programs under this subpart— 

3 ‘‘(1) to provide funding to enable States and 

4 local educational agencies to implement promising 

5 educational reform programs and school improvement 

6 initiatives based on scientifically based research; 

7 ‘‘(2) to provide a continuing source of innova8 tion and educational improvement, including support 

9 for library services and instructional and media ma10 terials; and 

11 ‘‘(3) to meet the educational needs of all stu12 dents, including at-risk youth. 

13 ‘‘(c) STATE AND LOCAL RESPONSIBILITY.— 

14 ‘‘(1) IN GENERAL.—The States shall have the 

15 basic responsibility for the administration of funds 

16 made available under this subpart, but such adminis17 tration shall be carried out with a minimum of pa18 perwork. 

19 ‘‘(2) DESIGN AND IMPLEMENTATION.—Notwith20 standing paragraph (1), local educational agencies, 

21 school superintendents and principals, and classroom 

22 teachers and supporting personnel shall be mainly re23 sponsible for the design and implementation of pro24 grams assisted under this subpart, because such agen25 cies and individuals have the most direct contact with 


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1 students and are most likely to be able to design pro2 grams to meet the educational needs of students in 

3 their own school districts. 

4 ‘‘CHAPTER 1—STATE AND LOCAL 

5 PROGRAMS 

6 ‘‘SEC. 4111. ALLOCATION TO STATES. 

7 ‘‘(a) RESERVATIONS.—From the sums appropriated to 

8 carry out this subpart for each fiscal year, the Secretary 

9 shall reserve not more than 1 percent for payments to out10 lying areas to be allotted in accordance with their respective 

11 needs. 

12 ‘‘(b) ALLOCATION OF REMAINDER.—From the remain13 der of such sums, the Secretary shall allocate, and make 

14 available in accordance with this subpart, to each State an 

15 amount which bears the same ratio to the amount of such 

16 remainder as the school-age population of the State bears 

17 to the school-age population of all States, except that no 

State shall receive less than an amount equal to 1 18 ⁄2 of 1 

19 percent of such remainder. 

20 ‘‘SEC. 4112. ALLOCATION TO LOCAL EDUCATIONAL AGEN21 CIES. 

22 ‘‘(a) DISTRIBUTION RULE.— 

23 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

24 from the sums made available each year to carry out 

25 this subpart, the State shall distribute not less than 


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1 85 percent to local educational agencies within such 

2 State according to the relative enrollments in public 

3 and private, nonprofit schools within the jurisdictions 

4 of such agencies, adjusted, in accordance with criteria 

5 approved by the Secretary, to provide higher per6 pupil allocations to local educational agencies that 

7 have the greatest numbers or percentages of children 

8 whose education imposes a higher than average cost 

9 per child, such as— 

10 ‘‘(A) children living in areas with high con11 centrations of economically disadvantaged fami12 lies; 

13 ‘‘(B) children from economically disadvan14 taged families; and 

15 ‘‘(C) children living in sparsely populated 

16 areas. 

17 ‘‘(2) EXCEPTION.—100 percent of any amount 

18 by which the funds paid to a State under this subpart 

19 for a fiscal year exceed the amount of such funds paid 

20 to the State for fiscal year 2001 shall be distributed 

21 to local educational agencies and used locally for in22 novative assistance described in section 4131(b). 

23 ‘‘(3) LIMITATION ON USE OF FUNDS FOR ADMIN24 ISTRATION.—In each fiscal year, a State may use not 

25 more than 25 percent of the funds available for State 


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1 programs under this subpart for State administration 

2 under section 4121. 

3 ‘‘(b) CALCULATION OF ENROLLMENTS.— 

4 ‘‘(1) IN GENERAL.—The calculation of relative 

5 enrollments under subsection (a)(1) shall be on the 

6 basis of the total of— 

7 ‘‘(A) the number of children enrolled in 

8 public schools; and 

9 ‘‘(B) the number of children enrolled in pri10 vate, nonprofit schools whose parents would like 

11 their children to participate in programs or 

12 projects assisted under this subpart, for the fiscal 

13 year preceding the fiscal year for which the de14 termination is made. 

15 ‘‘(2) CONSTRUCTION.—Nothing in this subsection 

16 shall diminish the responsibility of each local edu17 cational agency to contact, on an annual basis, ap18 propriate officials from private nonprofit schools 

19 within the areas served by such agencies in order to 

20 determine whether such schools desire that their chil21 dren participate in programs assisted under this 

22 chapter. 

23 ‘‘(3) ADJUSTMENTS.— 

24 ‘‘(A) IN GENERAL.—Relative enrollments 

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1 justed, in accordance with criteria approved by 

2 the Secretary under subparagraph (B), to pro3 vide higher per-pupil allocations only to local 

4 educational agencies that serve the greatest num5 bers or percentages of— 

6 ‘‘(i) children living in areas with high 

7 concentrations of economically disadvan8 taged families; 

9 ‘‘(ii) children from economically dis10 advantaged families; or 

11 ‘‘(iii) children living in sparsely popu12 lated areas. 

13 ‘‘(B) CRITERIA.—The Secretary shall review 

14 criteria submitted by a State for adjusting allo15 cations under paragraph (1) and shall approve 

16 such criteria only if the Secretary determines 

17 that such criteria are reasonably calculated to 

18 produce an adjusted allocation that reflects the 

19 relative needs of the State’s local educational 

20 agencies based on the factors set forth in sub21 paragraph (A). 

22 ‘‘(c) PAYMENT OF ALLOCATIONS.— 

23 ‘‘(1) DISTRIBUTION.—From the funds paid to a 

24 State under this subpart for a fiscal year, a State 

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1 cy that has submitted an application as required in 

2 section 4133 the amount of such local educational 

3 agency’s allocation, as determined under subsection 

4 (a). 

5 ‘‘(2) ADDITIONAL FUNDS.— 

6 ‘‘(A) IN GENERAL.—Additional funds re7 sulting from higher per-pupil allocations pro8 vided to a local educational agency on the basis 

9 of adjusted enrollments of children described in 

10 subsection (a)(1) may, in the discretion of the 

11 local educational agency, be allocated for expend12 itures to provide services for children enrolled in 

13 public and private, nonprofit schools in direct 

14 proportion to the number of children described in 

15 subsection (a)(1) and enrolled in such schools 

16 within the local educational agency. 

17 ‘‘(B) ELECTION.—In any fiscal year, any 

18 local educational agency that elects to allocate 

19 such additional funds in the manner described 

20 in subparagraph (A) shall allocate all additional 

21 funds to schools within the local educational 

22 agency in such manner. 

23 ‘‘(C) CONSTRUCTION.—Subparagraphs (A) 

24 and (B) may not be construed to require any 

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1 scribed in subparagraph (A) to the provision of 

2 services to specific students or categories of stu3 dents. 

4 ‘‘CHAPTER 2—STATE PROGRAMS 

5 ‘‘SEC. 4121. STATE USE OF FUNDS. 

6 ‘‘A State may use funds made available for State use 

7 under this subpart only for— 

8 ‘‘(1) State administration of programs under 

9 this subpart including— 

10 ‘‘(A) supervision of the allocation of funds 

11 to local educational agencies; 

12 ‘‘(B) planning, supervision, and processing 

13 of State funds; and 

14 ‘‘(C) monitoring and evaluation of pro15 grams and activities under this subpart; 

16 ‘‘(2) support for planning, designing, and initial 

17 implementation of charter schools as described in part 

18 B; 

19 ‘‘(3) statewide education reform and school im20 provement activities and technical assistance and di21 rect grants to local educational agencies which assist 

22 such agencies under section 4131; and 

23 ‘‘(4) support for arrangements that provide for 

24 independent analysis to measure and report on school 

25 district achievement. 


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1 ‘‘SEC. 4122. STATE APPLICATIONS. 

2 ‘‘(a) APPLICATION REQUIREMENTS.—If a State seeks 

3 to receive assistance under this subpart, the individual, en4 tity, or agency responsible for public elementary and sec5 ondary education policy under the State constitution or 

6 State law shall submit to the Secretary an application 

7 that— 

8 ‘‘(1) provides for an annual statewide summary 

9 of how assistance under this subpart is contributing 

10 toward improving student achievement or improving 

11 the quality of education for students; 

12 ‘‘(2) provides information setting forth the allo13 cation of such funds required to implement section 

14 4142; 

15 ‘‘(3) provides that the State will keep such 

16 records and provide such information to the Secretary 

17 as may be required for fiscal audit and program eval18 uation (consistent with the responsibilities of the Sec19 retary under this section); 

20 ‘‘(4) provides assurance that, apart from tech21 nical and advisory assistance and monitoring compli22 ance with this subpart, the State has not exercised 

23 and will not exercise any influence in the decision24 making processes of local educational agencies as to 

25 the expenditure made pursuant to an application 

26 under section 4133; 


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1 ‘‘(5) contains assurances that there is compliance 

2 with the specific requirements of this subpart; and 

3 ‘‘(6) provides for timely public notice and public 

4 dissemination of the information provided under 

5 paragraph (2). 

6 ‘‘(b) STATEWIDE SUMMARY.—The statewide summary 

7 referred to in subsection (a)(1) shall be submitted to the Sec8 retary and shall be derived from the evaluation information 

9 submitted by local educational agencies to the State under 

10 section 4133(a)(2)(H). The format and content of such sum11 mary shall be in the discretion of the State and may include 

12 statistical measures such as the number of students served 

13 by each type of innovative assistance described in section 

14 4131(b), including the number of teachers trained. 

15 ‘‘(c) PERIOD OF APPLICATION.—An application filed 

16 by the State under subsection (a) shall be for a period not 

17 to exceed 3 years, and may be amended annually as may 

18 be necessary to reflect changes without filing a new applica19 tion. 

20 ‘‘(d) AUDIT LIMITATION.—Each local educational 

21 agency receiving less than an average of $5,000 under this 

22 subpart may not be audited more frequently than once every 

23 5 years. 


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1 ‘‘CHAPTER 3—LOCAL INNOVATIVE 

2 EDUCATION PROGRAMS 

3 ‘‘SEC. 4131. USE OF FUNDS. 

4 ‘‘(a) IN GENERAL.—Funds made available to local 

5 educational agencies under section 4112 shall be used for 

6 innovative assistance programs described in subsection (b). 

7 ‘‘(b) INNOVATIVE ASSISTANCE.—The innovative assist8 ance programs referred to in subsection (a) may include— 

9 ‘‘(1) professional development activities and the 

10 hiring of teachers, including activities carried out in 

11 accordance with title II, that give teachers, prin12 cipals, and administrators the knowledge and skills to 

13 provide students with the opportunity to meet chal14 lenging State or local academic content standards 

15 and student achievement standards; 

16 ‘‘(2) technology related to the implementation of 

17 school-based reform programs, including professional 

18 development to assist teachers, and other school offi19 cials, regarding how to use effectively such equipment 

20 and software; 

21 ‘‘(3) programs for the development or acquisition 

22 and use of instructional and educational materials, 

23 including library services and materials (including 

24 media materials), academic assessments, reference 

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1 structional use, and other curricular materials that 

2 are tied to high academic standards, that will be used 

3 to improve student achievement, and that are part of 

4 an overall education reform program; 

5 ‘‘(4) promising education reform projects, in6 cluding effective schools and magnet schools; 

7 ‘‘(5) programs to improve the academic skills of 

8 disadvantaged elementary and secondary school stu9 dents and to prevent students from dropping out of 

10 school; 

11 ‘‘(6) programs to combat illiteracy; 

12 ‘‘(7) programs to provide for the educational 

13 needs of gifted and talented children; 

14 ‘‘(8) planning, designing, and initial implemen15 tation of charter schools as described in part B; 

16 ‘‘(9) school improvement programs or activities 

17 under sections 1116 and 1117; 

18 ‘‘(10) community service programs that use 

19 qualified school personnel to train and mobilize 

20 young people to measurably strengthen their commu21 nities through nonviolence, responsibility, compassion, 

22 respect, and moral courage; 

23 ‘‘(11) activities to promote consumer, economic, 

24 and personal finance education, such as dissemi25 nating and encouraging the best practices for teaching 


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1 the basic principles of economics and promoting the 

2 concept of achieving financial literacy through the 

3 teaching of personal financial management skills (in4 cluding the basic principles involved with earning, 

5 spending, saving, and investing); 

6 ‘‘(12) activities to promote, implement, or ex7 pand public school choice; 

8 ‘‘(13) programs to hire and support school 

9 nurses; 

10 ‘‘(14) expanding and improving school-based 

11 mental health services, including early identification 

12 of drug use and violence, assessment, and direct indi13 vidual or group counseling services provided to stu14 dents, parents, and school personnel by qualified 

15 school based mental health services personnel; and 

16 ‘‘(15) alternative educational programs for those 

17 students who have been expelled or suspended from 

18 their regular educational setting, including programs 

19 to assist students to reenter the regular educational 

20 setting upon return from treatment or alternative 

21 educational programs. 

22 ‘‘SEC. 4132. ADMINISTRATIVE AUTHORITY. 

23 ‘‘In order to conduct the activities authorized by this 

24 subpart, each State or local educational agency may use 

25 funds made available under this subpart to make grants 


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1 to, and to enter into contracts with, local educational agen2 cies, institutions of higher education, libraries, museums, 

3 and other public and private nonprofit agencies, organiza4 tions, and institutions, including religious organizations. 

5 ‘‘SEC. 4133. LOCAL APPLICATIONS. 

6 ‘‘(a) CERTIFICATION.— 

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

8 or a consortium of such agencies may receive an allo9 cation of funds under this subpart for any year for 

10 which the agency or consortium submits an applica11 tion under this section that is certified by the State 

12 to meet the requirements of this section. 

13 ‘‘(2) CONTENTS OF APPLICATION.—The State 

14 shall certify each application that— 

15 ‘‘(A) describes locally identified needs rel16 ative to the purposes of this subpart and to the 

17 innovative assistance described in section 

18 4131(b); 

19 ‘‘(B) based on the needs identified in sub20 paragraph (A), sets forth the planned allocation 

21 of funds among innovative assistance programs 

22 described in section 4131 and describes the pro23 grams, projects, and activities designed to carry 

24 out such innovative assistance programs that the 

25 local educational agency intends to support; 


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1 ‘‘(C) contains information setting forth the 

2 allocation of such funds required to implement 

3 section 4142; 

4 ‘‘(D) describes how assistance under this 

5 subpart will contribute to improving student 

6 academic achievement; 

7 ‘‘(E) provides assurances of compliance 

8 with the provisions of this subpart, including the 

9 participation of children enrolled in private, 

10 nonprofit schools in accordance with section 

11 4142; 

12 ‘‘(F) provides assurance that the local edu13 cational agency will keep such records, and pro14 vide such information to the State as may be 

15 reasonably required for fiscal audit and program 

16 evaluation, consistent with the responsibilities of 

17 the State under this subpart; 

18 ‘‘(G) provides in the allocation of funds for 

19 the assistance authorized by this subpart, and in 

20 the design, planning, and implementation of 

21 such programs, for systematic consultation with 

22 parents of children attending elementary and 

23 secondary schools in the area served by the local 

24 educational agency, with teachers and adminis25 trative personnel in such schools, and with other 


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1 groups involved in the implementation of this 

2 subpart (such as librarians, school counselors, 

3 and other pupil services personnel) as may be 

4 considered appropriate by the local educational 

5 agency; and 

6 ‘‘(H) provides assurance that— 

7 ‘‘(i) programs, services, and activities 

8 will be evaluated annually; 

9 ‘‘(ii) such evaluation will be used to 

10 determine and implement appropriate 

11 changes in program services and activities 

12 for the subsequent year; 

13 ‘‘(iii) such evaluation will describe how 

14 assistance under this subpart contributed 

15 toward improving student academic 

16 achievement; and 

17 ‘‘(iv) such evaluation will be submitted 

18 to the State in the time and manner re19 quested by the State. 

20 ‘‘(b) TIME PERIOD TO WHICH APPLICATION RE21 LATES.—An application submitted by a local educational 

22 agency under subsection (a) may seek allocations under this 

23 part for a period of time not to exceed 3 fiscal years and 

24 may be amended annually as may be necessary to reflect 

25 changes without the filing of a new application. 


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1 ‘‘(c) LOCAL EDUCATIONAL AGENCY DISCRETION.— 

2 ‘‘(1) IN GENERAL.—Subject to the limitations 

3 and requirements of this subpart, a local educational 

4 agency shall have complete discretion in determining 

5 how funds made available under this chapter will be 

6 divided among programs and activities described in 

7 section 4131. 

8 ‘‘(2) LIMITATION.—In exercising the discretion 

9 described in paragraph (1), a local educational agen10 cy shall ensure that expenditures under this chapter 

11 carry out the purposes of this subpart and are used 

12 to meet the educational needs within the schools of 

13 such local educational agency. 

14 ‘‘CHAPTER 4—GENERAL PROVISIONS 

15 ‘‘SEC. 4141. MAINTENANCE OF EFFORT; FEDERAL FUNDS 

16 SUPPLEMENTARY. 

17 ‘‘(a) MAINTENANCE OF EFFORT.— 

18 ‘‘(1) IN GENERAL.—Except as provided in para19 graph (2), a State is entitled to receive its full alloca20 tion of funds under this subpart for any fiscal year 

21 only if the Secretary determines that either the com22 bined fiscal effort per student or the aggregate expend23 itures within the State with respect to the provision 

24 of free public education for the fiscal year preceding 

25 the fiscal year for which the determination is made 


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1 was not less than 90 percent of such combined fiscal 

2 effort or aggregate expenditures for the fiscal year 

3 that is 2 fiscal years before the fiscal year for which 

4 the determination is made. 

5 ‘‘(2) REDUCTION OF FUNDS.—The Secretary 

6 shall reduce the amount of the allocation of funds 

7 under this subpart in any fiscal year in the exact 

8 proportion to which the State fails to meet the re9 quirements of paragraph (1) by falling below 90 per10 cent of both the fiscal effort per student and aggregate 

11 expenditures (using the measure most favorable to the 

12 State), and no such lesser amount shall be used for 

13 computing the effort required under paragraph (1) for 

14 subsequent years. 

15 ‘‘(3) WAIVER.—The Secretary may waive, for 1 

16 fiscal year only, the requirements of this section if the 

17 Secretary determines that such a waiver would be eq18 uitable due to exceptional or uncontrollable cir19 cumstances such as a natural disaster or a precipi20 tous and unforeseen decline in the financial resources 

21 of the State. 

22 ‘‘(b) FEDERAL FUNDS SUPPLEMENTARY.—A State or 

23 local educational agency may use and allocate funds re24 ceived under this subpart only to supplement and, to the 

25 extent practical, to increase the level of funds that would, 


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1 in the absence of Federal funds made available under this 

2 subpart, be made available from non-Federal sources, and 

3 in no case may such funds be used so as to supplant funds 

4 from non-Federal sources. 

5 ‘‘SEC. 4142. PARTICIPATION OF CHILDREN ENROLLED IN 

6 PRIVATE SCHOOLS. 

7 ‘‘(a) PARTICIPATION ON EQUITABLE BASIS.— 

8 ‘‘(1) IN GENERAL.—To the extent consistent with 

9 the number of children in the school district of a local 

10 educational agency which is eligible to receive funds 

11 under this subpart or which serves the area in which 

12 a program or project assisted under this subpart is lo13 cated, who are enrolled in private nonprofit elemen14 tary and secondary schools, or with respect to instruc15 tional or personnel training programs funded by the 

16 State from funds made available for State use, such 

17 agency, after consultation with appropriate private 

18 school officials— 

19 ‘‘(A) shall provide for the benefit of such 

20 children in such schools secular, neutral, and 

21 nonideological services, materials, and equip22 ment, including the participation of the teachers 

23 of such children (and other educational personnel 

24 serving such children) in training programs, and 

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1 ties as may be necessary for their provision (con2 sistent with subsection (c) of this section); or 

3 ‘‘(B) if such services, materials, and equip4 ment are not feasible or necessary in 1 or more 

5 such private schools as determined by the local 

6 educational agency after consultation with the 

7 appropriate private school officials, shall provide 

8 such other arrangements as will assure equitable 

9 participation of such children in the purposes 

10 and benefits of this subpart. 

11 ‘‘(2) OTHER PROVISIONS FOR SERVICES.—If no 

12 program or project is carried out under paragraph 

13 (1) in the school district of a local educational agen14 cy, the State shall make arrangements, such as 

15 through contracts with nonprofit agencies or organi16 zations, under which children in private schools in 

17 such district are provided with services and materials 

18 to the extent that would have occurred if the local 

19 educational agency had received funds under this sub20 part. 

21 ‘‘(3) APPLICATION OF REQUIREMENTS.—The re22 quirements of this section relating to the participa23 tion of children, teachers, and other personnel serving 

24 such children shall apply to programs and projects 

25 carried out under this subpart by a State or local 


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1 educational agency, whether directly or through 

2 grants to or contracts with other public or private 

3 agencies, institutions, or organizations. 

4 ‘‘(b) EQUAL EXPENDITURES.— 

5 ‘‘(1) IN GENERAL.—Expenditures for programs 

6 pursuant to subsection (a) shall be equal (consistent 

7 with the number of children to be served) to expendi8 tures for programs under this subpart for children en9 rolled in the public schools of the local educational 

10 agency. 

11 ‘‘(2) CONCENTRATED PROGRAMS.—Taking into 

12 account the needs of the individual children and other 

13 factors which relate to the expenditures referred to in 

14 paragraph (1), and when funds available to a local 

15 educational agency under this subpart are used to 

16 concentrate programs or projects on a particular 

17 group, attendance area, or grade or age level, children 

18 enrolled in private schools who are included within 

19 the group, attendance area, or grade or age level se20 lected for such concentration shall, after consultation 

21 with the appropriate private school officials, be as22 sured equitable participation in the purposes and 

23 benefits of such programs or projects. 

24 ‘‘(c) ADMINISTRATIVE RULES.— 


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1 ‘‘(1) FUNDS AND PROPERTY.—The control of 

2 funds provided under this subpart, and title to mate3 rials, equipment, and property repaired, remodeled, 

4 or constructed with such funds, shall be in a public 

5 agency for the uses and purposes provided in this sub6 part, and a public agency shall administer such funds 

7 and property. 

8 ‘‘(2) PROVISION OF SERVICES.—The provision of 

9 services pursuant to this subpart shall be provided by 

10 employees of a public agency or through contract by 

11 such public agency with a person, an association, 

12 agency, or corporation who or which, in the provision 

13 of such services, is independent of such private school 

14 and of any religious organizations, and such employ15 ment or contract shall be under the control and super16 vision of such public agency, and the funds provided 

17 under this subpart shall not be commingled with 

18 State or local funds. 

19 ‘‘(d) WAIVER.— 

20 ‘‘(1) STATE PROHIBITION WAIVER.—If by reason 

21 of any provision of law a State or local educational 

22 agency is prohibited from providing for the participa23 tion in programs of children enrolled in private ele24 mentary and secondary schools, as required by this 

25 section, the Secretary shall waive such requirements 


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1 and shall arrange for the provision of services to such 

2 children through arrangements which shall be subject 

3 to the requirements of this section. 

4 ‘‘(2) FAILURE TO COMPLY.—If the Secretary de5 termines that a State or a local educational agency 

6 has substantially failed or is unwilling to provide for 

7 the participation on an equitable basis of children en8 rolled in private elementary and secondary schools as 

9 required by this section, the Secretary may waive 

10 such requirements and shall arrange for the provision 

11 of services to such children through arrangements 

12 which shall be subject to the requirements of this sec13 tion. 

14 ‘‘(e) WITHHOLDING OF ALLOCATION.—Pending final 

15 resolution of any investigation or complaint that could re16 sult in a waiver under subsection (d)(1) or (d)(2), the Sec17 retary may withhold from the allocation of the affected 

18 State or local educational agency the amount estimated by 

19 the Secretary to be necessary to pay the cost of services to 

20 be provided by the Secretary under such subsection. 

21 ‘‘(f) TERM OF DETERMINATIONS.—Any determination 

22 by the Secretary under this section shall continue in effect 

23 until the Secretary determines that there will no longer be 

24 any failure or inability on the part of the State or local 


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1 educational agency to meet the requirements of subsections 

2 (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 and the local educational agency affected by 

14 such action have had an opportunity, for not less 

15 than 45 days after receiving written notice thereof, to 

16 submit written objections and to appear before the 

17 Secretary or the Secretary’s designee to show cause 

18 why that action should not be taken. 

19 ‘‘(2) COURT ACTION.—If a State or local edu20 cational agency is dissatisfied with the Secretary’s 

21 final action after a proceeding under paragraph (1), 

22 such agency may, not later than 60 days after notice 

23 of such action, file with the United States court of ap24 peals for the circuit in which such State is located a 

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1 tion shall be transmitted by the clerk of the court to 

2 the Secretary. The Secretary thereupon shall file in 

3 the court the record of the proceedings on which the 

4 Secretary based this action, as provided in section 

5 2112 of title 28, United States Code. 

6 ‘‘(3) REMAND TO SECRETARY.—The findings of 

7 fact by the Secretary, if supported by substantial evi8 dence, shall be conclusive; but the court, for good 

9 cause shown, may remand the case to the Secretary 

10 to take further evidence and the Secretary may make 

11 new or modified findings of fact and may modify the 

12 Secretary’s previous action, and shall file in the court 

13 the record of the further proceedings. Such new or 

14 modified findings of fact shall likewise be conclusive 

15 if supported by substantial evidence. 

16 ‘‘(4) COURT REVIEW.—Upon the filing of such 

17 petition, the court shall have jurisdiction to affirm the 

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

19 whole or in part. The judgment of the court shall be 

20 subject to review by the Supreme Court of the United 

21 States upon certiorari or certification as provided in 

22 section 1254 of title 28, United States Code. 

23 ‘‘(i) PRIOR DETERMINATION.—Any bypass determina24 tion by the Secretary under chapter 2 of title I of this Act 

25 (as such chapter was in effect on the day preceding the date 


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1 of enactment of the Improving America’s Schools Act of 

2 1994) shall, to the extent consistent with the purposes of 

3 this title, apply to programs under this title. 

4 ‘‘SEC. 4143. FEDERAL ADMINISTRATION. 

5 ‘‘(a) TECHNICAL ASSISTANCE.—The Secretary, upon 

6 request, shall provide technical assistance to States and 

7 local educational agencies under this subpart. 

8 ‘‘(b) RULEMAKING.—The Secretary shall issue regula9 tions under this subpart only to the extent that such regula10 tions are necessary to ensure that there is compliance with 

11 the specific requirements and assurances required by this 

12 subpart. 

13 ‘‘(c) AVAILABILITY OF APPROPRIATIONS.—Notwith14 standing any other provision of law, unless expressly in 

15 limitation of this subsection, funds appropriated in any fis16 cal year to carry out activities under this subpart shall be17 come available for obligation on July 1 of such fiscal year 

18 and shall remain available for obligation until the end of 

19 the subsequent fiscal year. 

20 ‘‘SEC. 4144. DEFINITIONS. 

21 ‘‘In this subpart, the following definitions apply: 

22 ‘‘(1) SCHOOL-AGE POPULATION.—The term 

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

24 through 17. 


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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. 4145. AUTHORIZATION OF APPROPRIATIONS. 

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

6 this subpart $450,000,000 for fiscal year 2002 and such 

7 sums as may be necessary for each of fiscal years 2003 

8 through 2006. 

9 ‘‘Subpart 2—Arts Education 

10 ‘‘SEC. 4151. ASSISTANCE FOR ARTS EDUCATION. 

11 ‘‘(a) FINDINGS.—The Congress finds that— 

12 ‘‘(1) every student can benefit from an education 

13 in the arts; 

14 ‘‘(2) a growing body of research indicates that 

15 education in the arts may provide cognitive benefits 

16 and bolster academic achievement, beginning at an 

17 early age and continuing through secondary school; 

18 ‘‘(3) qualified arts teachers and a sequential cur19 riculum are the basis and core for substantive arts 

20 education for students; 

21 ‘‘(4) the arts should be taught according to rig22 orous academic standards under arts education pro23 grams that provide mechanisms under which edu24 cators are accountable to parents, school officials, and 

25 the community; 


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1 ‘‘(5) opportunities to participate in the arts have 

2 enabled individuals with disabilities of all ages to 

3 participate more fully in school and community ac4 tivities; and 

5 ‘‘(6) arts education is a valuable part of the ele6 mentary and secondary school curriculum. 

7 ‘‘(b) PURPOSES.—The purposes of this subpart are 

8 to— 

9 ‘‘(1) support systemic education reform by 

10 strengthening arts education as an integral part of 

11 the elementary and secondary school curriculum; and 

12 ‘‘(2) help ensure that all students meet chal13 lenging State academic content standards and chal14 lenging State student academic achievement stand15 ards in the arts. 

16 ‘‘(c) AUTHORITY.—In accordance with this subpart, 

17 the Secretary may make grants to, or enter into contracts 

18 or cooperative agreements with, eligible entities described 

19 in subsection (d). 

20 ‘‘(d) ELIGIBLE ENTITIES.—The Secretary may make 

21 assistance available under subsection (c) to each of the fol22 lowing entities: 

23 ‘‘(1) States. 

24 ‘‘(2) Local educational agencies. 

25 ‘‘(3) Institutions of higher education. 


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1 ‘‘(4) Museums or other cultural institutions. 

2 ‘‘(5) Any other public or private agencies, insti3 tutions, and organizations. 

4 ‘‘(e) USE OF FUNDS.—Assistance made available 

5 under this subpart may be used only for— 

6 ‘‘(1) research on arts education; 

7 ‘‘(2) planning, developing, acquiring, expanding, 

8 improving, or disseminating model school-based arts 

9 education programs; 

10 ‘‘(3) the development of model State arts edu11 cation assessments based on State academic stand12 ards; 

13 ‘‘(4) the development and implementation of cur14 riculum frameworks for arts education; 

15 ‘‘(5) the development of model inservice profes16 sional development programs for arts educators and 

17 other instructional staff; 

18 ‘‘(6) supporting collaborative activities with Fed19 eral agencies or institutions, arts educators, and orga20 nizations representing the arts, including State and 

21 local arts agencies involved in arts education; 

22 ‘‘(7) supporting model projects or programs in 

23 the performing arts for children and youth or pro24 grams which assure the participation in mainstream 

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1 uals with disabilities through arrangements made 

2 with organizations such as the John F. Kennedy Cen3 ter for the Performing Arts and VSA arts; 

4 ‘‘(8) supporting model projects or programs to 

5 integrate arts education into the regular elementary 

6 and secondary school curriculum; or 

7 ‘‘(9) other activities that further the purposes of 

8 this subpart. 

9 ‘‘(f) CONDITIONS.—As conditions of receiving assist10 ance made available under this subpart, the Secretary shall 

11 require each entity receiving such assistance— 

12 ‘‘(1) to coordinate, to the extent practicable, each 

13 project or program carried out with such assistance 

14 with appropriate activities of public or private cul15 tural agencies, institutions, and organizations, in16 cluding museums, arts education associations, librar17 ies, and theaters; and 

18 ‘‘(2) to use such assistance only to supplement 

19 and not to supplant any other assistance or funds 

20 made available from non-Federal sources for the ac21 tivities assisted under this subpart. 

22 ‘‘(g) CONSULTATION.—In carrying out this part, the 

23 Secretary shall consult with Federal agencies or institu24 tions, arts educators (including professional arts education 

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1 cluding State and local arts agencies involved in arts edu2 cation. 

3 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated to carry out this subpart 

5 such sums as may be necessary for each of fiscal years 2002 

6 through 2006. 

7 ‘‘Subpart 3—Gifted and Talented Children 

8 ‘‘SEC. 4161. SHORT TITLE. 

9 ‘‘This subpart may be cited as the ‘Jacob K. Javits 

10 Gifted and Talented Students Education Act of 2001’. 

11 ‘‘SEC. 4162. FINDINGS AND PURPOSE. 

12 ‘‘(a) FINDINGS.—Congress finds the following: 

13 ‘‘(1) While the families and communities of some 

14 gifted and talented students can provide private edu15 cational programs with appropriately trained staff to 

16 supplement public educational offerings, most gifted 

17 and talented students, especially those from inner cit18 ies, rural communities, or low-income families, must 

19 rely on the services and personnel available in public 

20 schools. In order to ensure that there are equal edu21 cational opportunities for all gifted and talented stu22 dents in the United States, the public schools should 

23 provide gifted and talented education programs car24 ried out by qualified professionals. 


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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, it is the Federal Govern4 ment that can most effectively and appropriately con5 duct scientifically based research and development to 

6 ensure that there is a national capacity to educate 

7 students who are gifted and talented in the 21st cen8 tury. 

9 ‘‘(3) Many State and local educational agencies 

10 lack the specialized resources and trained personnel 

11 necessary to consistently plan and implement effective 

12 programs for the identification of gifted and talented 

13 students and for the provision of educational services 

14 and programs appropriate for the needs of such stu15 dents. 

16 ‘‘(4) Because gifted and talented students are 

17 generally more advanced academically, are generally 

18 able to learn more quickly, and generally study in 

19 more depth and complexity than others their age, they 

20 require educational opportunities and experiences 

21 that are different from those usually available to other 

22 students. 

23 ‘‘(5) A typical elementary school student who is 

24 academically gifted and talented has already mas25 tered 35 to 50 percent of the content to be learned in 


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1 several subjects in any school year before that year be2 gins. Without an advanced and challenging cur3 riculum, such a student may lose motivation and de4 velop poor study habits that are difficult to break. 

5 ‘‘(6) Classes in elementary and secondary schools 

6 in the United States consist of students with a wide 

7 variety of traits, characteristics, and needs. Although 

8 most teachers receive some training to meet the needs 

9 of students with limited English proficiency, students 

10 with disabilities, and students from diverse cultural 

11 and racial backgrounds, few receive training to meet 

12 the needs of students who are gifted and talented. 

13 ‘‘(b) PURPOSE.—The purpose of this subpart is to ini14 tiate a coordinated program of scientifically based research, 

15 demonstration projects, innovative strategies, and similar 

16 activities designed to build and enhance the ability of ele17 mentary and secondary schools nationwide to meet the spe18 cial educational needs of gifted and talented students. 

19 ‘‘SEC. 4163. RULE OF CONSTRUCTION. 

20 Nothing in this subpart shall be construed to prohibit 

21 a recipient of funds under this subpart from serving gifted 

22 and talented students simultaneously with students with 

23 similar educational needs, in the same educational settings 

24 where appropriate. 


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1 ‘‘SEC. 4164. AUTHORIZED PROGRAMS. 

2 ‘‘(a) ESTABLISHMENT OF PROGRAM.— 

3 ‘‘(1) IN GENERAL.—From the sums available to 

4 carry out this subpart in any fiscal year, the Sec5 retary (after consultation with experts in the field of 

6 the education of gifted and talented students) shall 

7 make grants to, or enter into contracts with, State 

8 educational agencies, local educational agencies, insti9 tutions of higher education, other public agencies, and 

10 other private agencies and organizations (including 

11 Indian tribes and Indian organizations (as such 

12 terms are defined in section 4 of the Indian Self-De13 termination and Education Assistance Act (25 U.S.C. 

14 450b)) and Native Hawaiian organizations) to assist 

15 such agencies, institutions, and organizations in car16 rying out programs or projects authorized by this sub17 part that are designed to meet the educational needs 

18 of gifted and talented students, including the training 

19 of personnel in the education of gifted and talented 

20 students and in the use, where appropriate, of gifted 

21 and talented services, materials, and methods for all 

22 students. 

23 ‘‘(2) APPLICATION.— 

24 ‘‘(A) IN GENERAL.—Each entity seeking as25 sistance under this subpart shall submit an ap26 plication to the Secretary at such time, in such 


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1 manner, and containing such information as the 

2 Secretary may reasonably require. 

3 ‘‘(B) CONTENTS.—Each application sub4 mitted under this paragraph shall describe 

5 how— 

6 ‘‘(i) the proposed gifted and talented 

7 services, materials, and methods can be 

8 adapted, if appropriate, for use by all stu9 dents; and 

10 ‘‘(ii) the proposed programs can be 

11 evaluated. 

12 ‘‘(b) USE OF FUNDS.—Programs and projects assisted 

13 under this section may include each of the following: 

14 ‘‘(1) Conducting— 

15 ‘‘(A) scientifically based research on meth16 ods and techniques for identifying and teaching 

17 gifted and talented students, and for using gifted 

18 and talented programs and methods to serve all 

19 students; and 

20 ‘‘(B) program evaluations, surveys, and the 

21 collection, analysis, and development of informa22 tion needed to accomplish the purpose of this 

23 subpart. 

24 ‘‘(2) Professional development (including fellow25 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 ‘‘(c) ESTABLISHMENT OF NATIONAL CENTER.— 

20 ‘‘(1) IN GENERAL.—The Secretary (after con21 sultation with experts in the field of the education of 

22 gifted and talented students) shall establish a Na23 tional Center for Research and Development in the 

24 Education of Gifted and Talented Children and Youth 

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1 tutions of higher education or State educational agen2 cies, or a combination or consortium of such institu3 tions and agencies and other public or private agen4 cies and organizations, for the purpose of carrying 

5 out activities described in paragraph (1) of subsection 

6 (b). 

7 ‘‘(2) DIRECTOR.—The National Center estab8 lished under paragraph (1) shall be headed by a Di9 rector. The Secretary may authorize the Director to 

10 carry out such functions of the National Center as 

11 may be agreed upon through arrangements with insti12 tutions of higher education, State or local educational 

13 agencies, or other public or private agencies and orga14 nizations. 

15 ‘‘(d) LIMITATION.—Not more than 30 percent of the 

16 funds available in any fiscal year to carry out the programs 

17 and projects authorized by this section may be used to con18 duct activities pursuant to subsection (b)(1) or subsection 

19 (c). 

20 ‘‘(e) COORDINATION.—Scientifically based research ac21 tivities supported under this subpart— 

22 ‘‘(1) shall be carried out in consultation with the 

23 Office of Educational Research and Improvement to 

24 ensure that such activities are coordinated with and 


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1 enhance the research and development activities sup2 ported by such Office; and 

3 ‘‘(2) may include collaborative scientifically 

4 based research activities which are jointly funded and 

5 carried out with such Office. 

6 ‘‘SEC. 4165. PROGRAM PRIORITIES. 

7 ‘‘(a) GENERAL PRIORITY.—In carrying out this sub8 part, the Secretary shall give highest priority to programs 

9 and projects designed to develop new information that— 

10 ‘‘(1) improves the capability of schools to plan, 

11 conduct, and improve programs to identify and serve 

12 gifted and talented students; and 

13 ‘‘(2) assists schools in the identification of, and 

14 provision of services to, gifted and talented students 

15 who may not be identified and served through tradi16 tional assessment methods (including economically 

17 disadvantaged individuals, individuals of limited 

18 English proficiency, and individuals with disabil19 ities). 

20 ‘‘(b) SERVICE PRIORITY.—In approving applications 

21 for assistance under section 4164(a)(2), the Secretary shall 

22 ensure that in each fiscal year not less than 50 percent of 

23 the applications approved under such section address the 

24 priority described in subsection (a)(2) of this section. 


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1 ‘‘SEC. 4166. GENERAL PROVISIONS. 

2 ‘‘(a) PARTICIPATION OF PRIVATE SCHOOL CHILDREN

3 AND TEACHERS.—In making grants and entering into con4 tracts under this subpart, the Secretary shall ensure, where 

5 appropriate, that provision is made for the equitable par6 ticipation of students and teachers in private nonprofit ele7 mentary and secondary schools, including the participation 

8 of teachers and other personnel in professional development 

9 programs serving such children. 

10 ‘‘(b) REVIEW, DISSEMINATION, AND EVALUATION.— 

11 The Secretary shall— 

12 ‘‘(1) use a peer review process in reviewing ap13 plications under this subpart; 

14 ‘‘(2) ensure that information on the activities 

15 and results of programs and projects funded under 

16 this subpart is disseminated to appropriate State and 

17 local educational agencies and other appropriate or18 ganizations, including nonprofit private organiza19 tions; and 

20 ‘‘(3) evaluate the effectiveness of programs under 

21 this subpart in accordance with section 8651, both in 

22 terms of the impact on students traditionally served 

23 in separate gifted and talented programs and on 

24 other students, and submit the results of such evalua25 tion to the Congress not later than 2 years after the 


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1 date of the enactment of the No Child Left Behind Act 

2 of 2001. 

3 ‘‘(c) PROGRAM OPERATIONS.—The Secretary shall en4 sure that the programs under this subpart are administered 

5 within the Department by a person who has recognized pro6 fessional qualifications and experience in the field of the 

7 education of gifted and talented students and who shall— 

8 ‘‘(1) administer and coordinate the programs au9 thorized under this subpart; 

10 ‘‘(2) serve as a focal point of national leadership 

11 and information on the educational needs of gifted 

12 and talented students and the availability of edu13 cational services and programs designed to meet such 

14 needs; and 

15 ‘‘(3) assist the Assistant Secretary of the Office 

16 of Educational Research and Improvement in identi17 fying research priorities which reflect the needs of 

18 gifted and talented students. 

19 ‘‘SEC. 4167. AUTHORIZATION OF APPROPRIATIONS. 

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

21 this subpart such sums as may be necessary for each of fis22 cal years 2002 through 2006.’’. 

23 SEC. 402. CONTINUATION OF AWARDS. 

24 Notwithstanding any other provision of this Act, any 

25 person or agency that was awarded a grant under part B 


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1 or D of title X (20 U.S.C. 8031 et seq., 8091 et seq.) prior 

2 to the date of the enactment of this Act shall continue to 

3 receive funds in accordance with the terms of such award 

4 until the date on which the award period terminates under 

5 such terms. 

6 PART B—PUBLIC CHARTER SCHOOLS 

7 SEC. 411. PUBLIC CHARTER SCHOOLS. 

8 Title IV, as amended by section 401, is further amend9 ed by adding at the end the following: 

10 ‘‘PART B—PUBLIC CHARTER SCHOOLS 

11 ‘‘SEC. 4201. FINDINGS AND PURPOSE. 

12 ‘‘(a) FINDINGS.—The Congress finds that— 

13 ‘‘(1) enhancement of parent and student choices 

14 among public schools can assist in promoting com15 prehensive educational reform and give more students 

16 the opportunity to meet challenging State academic 

17 content standards and State student academic 

18 achievement standards, if sufficiently diverse and 

19 high-quality choices, and genuine opportunities to 

20 take advantage of such choices, are available to all 

21 students; 

22 ‘‘(2) useful examples of such choices can come 

23 from States and communities that experiment with 

24 methods of offering teachers and other educators, par25 ents, and other members of the public the opportunity 


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1 to design and implement new public schools and to 

2 transform existing public schools; 

3 ‘‘(3) charter schools are a mechanism for testing 

4 a variety of educational approaches and should, there5 fore, be exempted from restrictive rules and regula6 tions if the leadership of such schools commits to at7 taining specific and ambitious educational results for 

8 educationally disadvantaged students consistent with 

9 challenging State academic content standards and 

10 State student academic achievement standards for all 

11 students; 

12 ‘‘(4) charter schools can embody the necessary 

13 mixture of enhanced choice, exemption from restric14 tive regulations, and a focus on learning gains; 

15 ‘‘(5) charter schools, including charter schools 

16 that are schools-within-schools, can help reduce school 

17 size, and this reduction can have a significant effect 

18 on student achievement; 

19 ‘‘(6) the Federal Government should test, evalu20 ate, and disseminate information on a variety of 

21 charter school models in order to help demonstrate the 

22 benefits of this promising educational reform; and 

23 ‘‘(7) there is a strong documented need for cash24 flow assistance to charter schools that are starting up, 


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1 because State and local operating revenue streams are 

2 not immediately available. 

3 ‘‘(b) PURPOSE.—It is the purpose of this part to in4 crease national understanding of the charter schools model 

5 by— 

6 ‘‘(1) providing financial assistance for the plan7 ning, program design and initial implementation of 

8 charter schools; 

9 ‘‘(2) evaluating the effects of such schools, includ10 ing the effects on students, student achievement, staff, 

11 and parents; and 

12 ‘‘(3) expanding the number of high-quality char13 ter schools available to students across the Nation. 

14 ‘‘SEC. 4202. PROGRAM AUTHORIZED. 

15 ‘‘(a) IN GENERAL.—The Secretary may award grants 

16 to State educational agencies having applications approved 

17 pursuant to section 4203 to enable such agencies to conduct 

18 a charter school grant program in accordance with this 

19 part. 

20 ‘‘(b) SPECIAL RULE.—If a State educational agency 

21 elects not to participate in the program authorized by this 

22 part or does not have an application approved under sec23 tion 4203, the Secretary may award a grant to an eligible 

24 applicant that serves such State and has an application 

25 approved pursuant to section 4203(c). 


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1 ‘‘(c) PROGRAM PERIODS.— 

2 ‘‘(1) GRANTS TO STATES.—Grants awarded to 

3 State educational agencies under this part shall be 

4 awarded for a period of not more than 3 years. 

5 ‘‘(2) GRANTS TO ELIGIBLE APPLICANTS.—Grants 

6 awarded by the Secretary to eligible applicants or 

7 subgrants awarded by State educational agencies to 

8 eligible applicants under this part shall be awarded 

9 for a period of not more than 3 years, of which the 

10 eligible applicant may use— 

11 ‘‘(A) not more than 18 months for planning 

12 and program design; 

13 ‘‘(B) not more than 2 years for the initial 

14 implementation of a charter school; and 

15 ‘‘(C) not more than 2 years to carry out 

16 dissemination activities described in section 

17 4204(f)(6)(B). 

18 ‘‘(d) LIMITATION.—A charter school may not receive— 

19 ‘‘(1) more than one grant for activities described 

20 in subparagraphs (A) and (B) of subsection (c)(2); or 

21 ‘‘(2) more than one grant for activities under 

22 subparagraph (C) of subsection (c)(2). 

23 ‘‘(e) PRIORITY TREATMENT..— 

24 ‘‘(1) IN GENERAL.—In awarding grants under 

25 this part from any funds appropriated under section 


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1 4211, the Secretary shall give priority to States to the 

2 extent that the States meet the criteria described in 

3 paragraph (2) and one or more of the criteria de4 scribed in subparagraph (A), (B), or (C) of para5 graph (3). 

6 ‘‘(2) REVIEW AND EVALUATION PRIORITY CRI7 TERIA.—The criteria referred to in paragraph (1) is 

8 that the State provides for periodic review and eval9 uation by the authorized public chartering agency of 

10 each charter school, at least once every 5 years unless 

11 required more frequently by State law, to determine 

12 whether the charter school is meeting the terms of the 

13 school’s charter, and is meeting or exceeding the aca14 demic performance requirements and goals for charter 

15 schools as set forth under State law or the school’s 

16 charter. 

17 ‘‘(3) PRIORITY CRITERIA.—The criteria referred 

18 to in paragraph (1) are the following: 

19 ‘‘(A) The State has demonstrated progress, 

20 in increasing the number of high quality charter 

21 schools that are held accountable in the terms of 

22 the schools’ charters for meeting clear and meas23 urable objectives for the educational progress of 

24 the students attending the schools, in the period 

25 prior to the period for which a State educational 


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1 agency or eligible applicant applies for a grant 

2 under this part. 

3 ‘‘(B) The State— 

4 ‘‘(i) provides for one authorized public 

5 chartering agency that is not a local edu6 cational agency, such as a State chartering 

7 board, for each individual or entity seeking 

8 to operate a charter school pursuant to such 

9 State law; or 

10 ‘‘(ii) in the case of a State in which 

11 local educational agencies are the only au12 thorized public chartering agencies, allows 

13 for an appeals process for the denial of an 

14 application for a charter school. 

15 ‘‘(C) The State ensures that each charter 

16 school has a high degree of autonomy over the 

17 charter school’s budgets and expenditures. 

18 ‘‘(f) AMOUNT CRITERIA.—In determining the amount 

19 of a grant to be awarded under this part to a State edu20 cational agency, the Secretary shall take into consideration 

21 the number of charter schools that are operating, or are ap22 proved to open, in the State. 

23 ‘‘SEC. 4203. APPLICATIONS. 

24 ‘‘(a) APPLICATIONS FROM STATE AGENCIES.—Each 

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1 retary under this part shall submit to the Secretary an ap2 plication at such time, in such manner, and containing or 

3 accompanied by such information as the Secretary may re4 quire. 

5 ‘‘(b) CONTENTS OF A STATE EDUCATIONAL AGENCY

6 APPLICATION.—Each application submitted pursuant to 

7 subsection (a) shall— 

8 ‘‘(1) describe the objectives of the State edu9 cational agency’s charter school grant program and 

10 how such objectives will be fulfilled, including steps 

11 taken by the State educational agency to inform 

12 teachers, parents, and communities of the State edu13 cational agency’s charter school grant program; and 

14 ‘‘(2) describe how the State educational agency— 

15 ‘‘(A) will inform each charter school in the 

16 State regarding— 

17 ‘‘(i) Federal funds that the charter 

18 school is eligible to receive; and 

19 ‘‘(ii) Federal programs in which the 

20 charter school may participate; 

21 ‘‘(B) will ensure that each charter school in 

22 the State receives the charter school’s commensu23 rate share of Federal education funds that are 

24 allocated by formula each year, including during 


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1 the first year of operation of the charter school; 

2 and 

3 ‘‘(C) will disseminate best or promising 

4 practices of charter schools to each local edu5 cational agency in the State; and 

6 ‘‘(3) contain assurances that the State edu7 cational agency will require each eligible applicant 

8 desiring to receive a subgrant to submit an applica9 tion to the State educational agency containing— 

10 ‘‘(A) a description of the educational pro11 gram to be implemented by the proposed charter 

12 school, including— 

13 ‘‘(i) how the program will enable all 

14 students to meet challenging State student 

15 academic achievement standards; 

16 ‘‘(ii) the grade levels or ages of children 

17 to be served; and 

18 ‘‘(iii) the curriculum and instructional 

19 practices to be used; 

20 ‘‘(B) a description of how the charter school 

21 will be managed; 

22 ‘‘(C) a description of— 

23 ‘‘(i) the objectives of the charter school; 

24 and 


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1 ‘‘(ii) the methods by which the charter 

2 school will determine its progress toward 

3 achieving those objectives; 

4 ‘‘(D) a description of the administrative re5 lationship between the charter school and the au6 thorized public chartering agency; 

7 ‘‘(E) a description of how parents and other 

8 members of the community will be involved in 

9 the planning, program design and implementa10 tion of the charter school; 

11 ‘‘(F) a description of how the authorized 

12 public chartering agency will provide for contin13 ued operation of the school once the Federal 

14 grant has expired, if such agency determines that 

15 the school has met the objectives described in sub16 paragraph (C)(i); 

17 ‘‘(G) a request and justification for waivers 

18 of any Federal statutory or regulatory provisions 

19 that the applicant believes are necessary for the 

20 successful operation of the charter school, and a 

21 description of any State or local rules, generally 

22 applicable to public schools, that will be waived 

23 for, or otherwise not apply to, the school; 

24 ‘‘(H) a description of how the subgrant 

25 funds or grant funds, as appropriate, will be 


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1 used, including a description of how such funds 

2 will be used in conjunction with other Federal 

3 programs administered by the Secretary; 

4 ‘‘(I) a description of how students in the 

5 community will be— 

6 ‘‘(i) informed about the charter school; 

7 and 

8 ‘‘(ii) given an equal opportunity to at9 tend the charter school; 

10 ‘‘(J) an assurance that the eligible appli11 cant will annually provide the Secretary and the 

12 State educational agency such information as 

13 may be required to determine if the charter 

14 school is making satisfactory progress toward 

15 achieving the objectives described in subpara16 graph (C)(i); 

17 ‘‘(K) an assurance that the applicant will 

18 cooperate with the Secretary and the State edu19 cational agency in evaluating the program as20 sisted under this part; 

21 ‘‘(L) a description of how a charter school 

22 that is considered a local educational agency 

23 under State law, or a local educational agency 

24 in which a charter school is located, will comply 


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1 with sections 613(a)(5) and 613(e)(1)(B) of the 

2 Individuals with Disabilities Education Act; 

3 ‘‘(M) if the eligible applicant desires to use 

4 subgrant funds for dissemination activities 

5 under section 4202(c)(2)(C), a description of 

6 those activities and how those activities will in7 volve charter schools and other public schools, 

8 local educational agencies, developers, and poten9 tial developers; and 

10 ‘‘(N) such other information and assurances 

11 as the Secretary and the State educational agen12 cy may require. 

13 ‘‘(c) CONTENTS OF ELIGIBLE APPLICANT APPLICA14 TION.—Each eligible applicant desiring a grant pursuant 

15 to section 4202(b) shall submit an application to the State 

16 educational agency or Secretary, respectively, at such time, 

17 in such manner, and accompanied by such information as 

18 the State educational agency or Secretary, respectively, 

19 may reasonably require. 

20 ‘‘(d) CONTENTS OF APPLICATION.—Each application 

21 submitted pursuant to subsection (c) shall contain— 

22 ‘‘(1) the information and assurances described in 

23 subparagraphs (A) through (N) of subsection (b)(3), 

24 except that for purposes of this subsection subpara25 graphs (J), (K), and (N) of such subsection shall be 


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1 applied by striking ‘and the State educational agen2 cy’ each place such term appears; 

3 ‘‘(2) assurances that the State educational agen4 cy— 

5 ‘‘(A) will grant, or will obtain, waivers of 

6 State statutory or regulatory requirements; and 

7 ‘‘(B) will assist each subgrantee in the State 

8 in receiving a waiver under section 4204(e); and 

9 ‘‘(3) assurances that the eligible applicant has 

10 provided its authorized public chartering authority 

11 timely notice, and a copy, of the application, except 

12 that the State educational agency (or the Secretary, 

13 in the case of an application submitted to the Sec14 retary) may waive this requirement in the case of an 

15 application for a precharter planning grant or 

16 subgrant if the authorized public chartering authority 

17 to which a charter school proposal will be submitted 

18 has not been determined at the time the grant or 

19 subgrant application is submitted. 

20 ‘‘SEC. 4204. ADMINISTRATION. 

21 ‘‘(a) SELECTION CRITERIA FOR STATE EDUCATIONAL

22 AGENCIES.—The Secretary shall award grants to State edu23 cational agencies under this part on the basis of the quality 

24 of the applications submitted under section 4203(b), after 

25 taking into consideration such factors as— 


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1 ‘‘(1) the contribution that the charter schools 

2 grant program will make to assisting educationally 

3 disadvantaged and other students to achieving State 

4 academic content standards and State student aca5 demic achievement standards and, in general, a 

6 State’s education improvement plan; 

7 ‘‘(2) the degree of flexibility afforded by the State 

8 educational agency to charter schools under the 

9 State’s charter schools law; 

10 ‘‘(3) the ambitiousness of the objectives for the 

11 State charter school grant program; 

12 ‘‘(4) the quality of the strategy for assessing 

13 achievement of those objectives; 

14 ‘‘(5) the likelihood that the charter school grant 

15 program will meet those objectives and improve edu16 cational results for students; 

17 ‘‘(6) the number of high quality charter schools 

18 created under this part in the State; and 

19 ‘‘(7) in the case of State educational agencies 

20 that propose to use grant funds to support dissemina21 tion activities under section 4202(c)(2)(C), the qual22 ity of those activities and the likelihood that those ac23 tivities will improve student academic achievement. 

24 ‘‘(b) SELECTION CRITERIA FOR ELIGIBLE APPLI25 CANTS.—The Secretary shall award grants to eligible appliVerDate Mar 15 2010 15:07 Jun 10, 2011 Jkt 223001 PO 00000 Frm 00692 Fmt 6652 Sfmt 6203 E:\ERIC\H1.RH2 H1

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1 cants under this part on the basis of the quality of the ap2 plications submitted under section 4203(c), after taking 

3 into consideration such factors as— 

4 ‘‘(1) the quality of the proposed curriculum and 

5 instructional practices; 

6 ‘‘(2) the degree of flexibility afforded by the State 

7 educational agency and, if applicable, the local edu8 cational agency to the charter school; 

9 ‘‘(3) the extent of community support for the ap10 plication; 

11 ‘‘(4) the ambitiousness of the objectives for the 

12 charter school; 

13 ‘‘(5) the quality of the strategy for assessing 

14 achievement of those objectives; 

15 ‘‘(6) the likelihood that the charter school will 

16 meet those objectives and improve educational results 

17 for students; and 

18 ‘‘(7) in the case of an eligible applicant that pro19 poses to use grant funds to support dissemination ac20 tivities under section 4202(c)(2)(C), the quality of 

21 those activities and the likelihood that those activities 

22 will improve student achievement. 

23 ‘‘(c) PEER REVIEW.—The Secretary, and each State 

24 educational agency receiving a grant under this part, shall 


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1 use a peer review process to review applications for assist2 ance under this part. 

3 ‘‘(d) DIVERSITY OF PROJECTS.—The Secretary and 

4 each State educational agency receiving a grant under this 

5 part, shall award subgrants under this part in a manner 

6 that, to the extent possible, ensures that such grants and 

7 subgrants— 

8 ‘‘(1) are distributed throughout different areas of 

9 the Nation and each State, including urban and rural 

10 areas; and 

11 ‘‘(2) will assist charter schools representing a va12 riety of educational approaches, such as approaches 

13 designed to reduce school size. 

14 ‘‘(e) WAIVERS.—The Secretary may waive any statu15 tory or regulatory requirement over which the Secretary ex16 ercises administrative authority except any such require17 ment relating to the elements of a charter school described 

18 in section 4210(1), if— 

19 ‘‘(1) the waiver is requested in an approved ap20 plication under this part; and 

21 ‘‘(2) the Secretary determines that granting such 

22 a waiver will promote the purpose of this part. 

23 ‘‘(f) USE OF FUNDS.— 

24 ‘‘(1) STATE EDUCATIONAL AGENCIES.—Each 

25 State educational agency receiving a grant under this 


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1 part shall use such grant funds to award subgrants 

2 to one or more eligible applicants in the State to en3 able such applicant to plan and implement a charter 

4 school in accordance with this part, except that the 

5 State educational agency may reserve not more than 

6 10 percent of the grant funds to support dissemina7 tion activities described in paragraph (6). 

8 ‘‘(2) ELIGIBLE APPLICANTS.—Each eligible ap9 plicant receiving funds from the Secretary or a State 

10 educational agency shall use such funds to plan and 

11 implement a charter school, or to disseminate infor12 mation about the charter school and successful prac13 tices in the charter school, in accordance with this 

14 part. 

15 ‘‘(3) ALLOWABLE ACTIVITIES.—An eligible appli16 cant receiving a grant or subgrant under this part 

17 may use the grant or subgrant funds only for— 

18 ‘‘(A) post-award planning and design of the 

19 educational program, which may include— 

20 ‘‘(i) refinement of the desired edu21 cational results and of the methods for 

22 measuring progress toward achieving those 

23 results; and 


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1 ‘‘(ii) professional development of teach2 ers and other staff who will work in the 

3 charter school; and 

4 ‘‘(B) initial implementation of the charter 

5 school, which may include— 

6 ‘‘(i) informing the community about 

7 the school; 

8 ‘‘(ii) acquiring necessary equipment 

9 and educational materials and supplies; 

10 ‘‘(iii) acquiring or developing cur11 riculum materials; and 

12 ‘‘(iv) other initial operational costs 

13 that cannot be met from State or local 

14 sources. 

15 ‘‘(4) ADMINISTRATIVE EXPENSES.—Each State 

16 educational agency receiving a grant pursuant to this 

17 part may reserve not more than 5 percent of such 

18 grant funds for administrative expenses associated 

19 with the charter school grant program assisted under 

20 this part. A local educational agency may not deduct 

21 funds for administrative fees or expenses from a 

22 subgrant awarded to an eligible applicant. 

23 ‘‘(5) REVOLVING LOAN FUNDS.—Each State edu24 cational agency receiving a grant pursuant to this 

25 part may reserve not more than 10 percent of the 


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1 grant amount for the establishment of a revolving 

2 loan fund. Such fund may be used to make loans to 

3 eligible applicants that have received a subgrant 

4 under this part, under such terms as may be deter5 mined by the State educational agency, for the initial 

6 operation of the charter school grant program of such 

7 recipient until such time as the recipient begins re8 ceiving ongoing operational support from State or 

9 local financing sources. 

10 ‘‘(6) DISSEMINATION.— 

11 ‘‘(A) IN GENERAL.—A charter school may 

12 apply for funds under this part, whether or not 

13 the charter school has applied for or received 

14 funds under this part for planning, program de15 sign, or implementation, to carry out the activi16 ties described in subparagraph (B) if the charter 

17 school has been in operation for at least 3 con18 secutive years and has demonstrated overall suc19 cess, including— 

20 ‘‘(i) substantial progress in improving 

21 student academic achievement; 

22 ‘‘(ii) high levels of parent satisfaction; 

23 and 

24 ‘‘(iii) the management and leadership 

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1 lems and establish a thriving, financially 

2 viable charter school. 

3 ‘‘(B) ACTIVITIES.—A charter school de4 scribed in subparagraph (A) may use funds re5 served under paragraph (1) to assist other 

6 schools in adapting the charter school’s program 

7 (or certain aspects of the charter school’s pro8 gram), or to disseminate information about the 

9 charter school, through such activities as— 

10 ‘‘(i) assisting other individuals with 

11 the planning and start-up of one or more 

12 new public schools, including charter 

13 schools, that are independent of the assist14 ing charter school and the assisting charter 

15 school’s developers, and that agree to be held 

16 to at least as high a level of accountability 

17 as the assisting charter school; 

18 ‘‘(ii) developing partnerships with 

19 other public schools, including charter 

20 schools, designed to improve student aca21 demic achievement in each of the schools 

22 participating in the partnership; 

23 ‘‘(iii) developing curriculum materials, 

24 academic assessments, and other materials 

25 that promote increased student academic 


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1 achievement and are based on successful 

2 practices within the assisting charter school; 

3 and 

4 ‘‘(iv) conducting evaluations and devel5 oping materials that document the success6 ful practices of the assisting charter school 

7 and that are designed to improve student 

8 academic achievement in other schools. 

9 ‘‘(g) TRIBALLY CONTROLLED SCHOOLS.—Each State 

10 that receives a grant under this part and designates a trib11 ally controlled school as a charter school shall not consider 

12 payments to a school under the Tribally Controlled Schools 

13 Act of 1988 (25 U.S.C. 2507) in determining— 

14 ‘‘(1) the eligibility of the school to receive any 

15 other Federal, State, or local aid; or 

16 ‘‘(2) the amount of such aid. 

17 ‘‘SEC. 4205. NATIONAL ACTIVITIES. 

18 ‘‘(a) IN GENERAL.—The Secretary shall reserve for 

19 each fiscal year the greater of 5 percent or $5,000,000 of 

20 the amount appropriated to carry out this part, except that 

21 in no fiscal year shall the total amount so reserved exceed 

22 $8,000,000, to carry out the following activities: 

23 ‘‘(1) To provide charter schools, either directly or 

24 through State educational agencies, with— 

25 ‘‘(A) information regarding— 


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1 ‘‘(i) Federal funds that charter schools 

2 are eligible to receive; and 

3 ‘‘(ii) other Federal programs in which 

4 charter schools may participate; and 

5 ‘‘(B) assistance in applying for Federal 

6 education funds that are allocated by formula, 

7 including assistance with filing deadlines and 

8 submission of applications. 

9 ‘‘(2) To provide for other evaluations or studies 

10 that include the evaluation of the impact of charter 

11 schools on student academic achievement, including 

12 information regarding— 

13 ‘‘(A) students attending charter schools re14 ported on the basis of race, age, disability, gen15 der, limited English proficiency, and previous 

16 enrollment in public school; and 

17 ‘‘(B) the professional qualifications of teach18 ers within a charter school and the turnover of 

19 the teaching force. 

20 ‘‘(3) To provide— 

21 ‘‘(A) information to applicants for assist22 ance under this part; 

23 ‘‘(B) assistance to applicants for assistance 

24 under this part with the preparation of applica25 tions under section 4203; 


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1 ‘‘(C) assistance in the planning and startup 

2 of charter schools; 

3 ‘‘(D) training and technical assistance to 

4 existing charter schools; and 

5 ‘‘(E) for the dissemination to other public 

6 schools of best or promising practices in charter 

7 schools. 

8 ‘‘(4) To provide (including through the use of one 

9 or more contracts that use a competitive bidding 

10 process) for the collection of information regarding the 

11 financial resources available to charter schools, in12 cluding access to private capital, and to widely dis13 seminate to charter schools any such relevant infor14 mation and model descriptions of successful pro15 grams. 

16 ‘‘(b) CONSTRUCTION.—Nothing in this section shall be 

17 construed to require charter schools to collect any data de18 scribed in subsection (a). 

19 ‘‘SEC. 4206. FEDERAL FORMULA ALLOCATION DURING 

20 FIRST YEAR AND FOR SUCCESSIVE ENROLL21 MENT EXPANSIONS. 

22 ‘‘(a) IN GENERAL.—For purposes of the allocation to 

23 schools by the States or their agencies of funds under part 

24 A of title I, and any other Federal funds which the Sec25 retary allocates to States on a formula basis, the Secretary 


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1 and each State educational agency shall take such measures 

2 as are necessary to ensure that every charter school receives 

3 the Federal funding for which the charter school is eligible 

4 not later than 5 months after the charter school first opens, 

5 notwithstanding the fact that the identity and characteris6 tics of the students enrolling in that charter school are not 

7 fully and completely determined until that charter school 

8 actually opens. The measures similarly shall ensure that 

9 every charter school expanding its enrollment in any subse10 quent year of operation receives the Federal funding for 

11 which the charter school is eligible not later than 5 months 

12 after such expansion. 

13 ‘‘(b) ADJUSTMENT AND LATE OPENINGS.— 

14 ‘‘(1) IN GENERAL.—The measures described in 

15 subsection (a) shall include provision for appropriate 

16 adjustments, through recovery of funds or reduction of 

17 payments for the succeeding year, in cases where pay18 ments made to a charter school on the basis of esti19 mated or projected enrollment data exceed the 

20 amounts that the school is eligible to receive on the 

21 basis of actual or final enrollment data. 

22 ‘‘(2) RULE.—For charter schools that first open 

23 after November 1 of any academic year, the State, in 

24 accordance with guidance provided by the Secretary 

25 and applicable Federal statutes and regulations, shall 


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1 ensure that such charter schools that are eligible for 

2 the funds described in subsection (a) for such aca3 demic year have a full and fair opportunity to receive 

4 those funds during the charter schools’ first year of 

5 operation. 

6 ‘‘SEC. 4207. SOLICITATION OF INPUT FROM CHARTER 

7 SCHOOL OPERATORS. 

8 ‘‘To the extent practicable, the Secretary shall ensure 

9 that administrators, teachers, and other individuals di10 rectly involved in the operation of charter schools are con11 sulted in the development of any rules or regulations re12 quired to implement this part, as well as in the development 

13 of any rules or regulations relevant to charter schools that 

14 are required to implement part A of title I, the Individuals 

15 with Disabilities Education Act (20 U.S.C. 1400 et seq.), 

16 or any other program administered by the Secretary that 

17 provides education funds to charter schools or regulates the 

18 activities of charter schools. 

19 ‘‘SEC. 4208. RECORDS TRANSFER. 

20 ‘‘State educational agencies and local educational 

21 agencies, to the extent practicable, shall ensure that a stu22 dent’s records and, if applicable, a student’s individualized 

23 education program as defined in section 602(11) of the In24 dividuals with Disabilities Education Act (20 U.S.C. 

25 1401(11)), are transferred to a charter school upon the 


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1 transfer of the student to the charter school, to another pub2 lic school upon the transfer of the student from a charter 

3 school to another public school, and to a private school upon 

4 the transfer of the student from a charter or public school 

5 to the private school (with the written consent of a parent 

6 of the student), in accordance with applicable State law. 

7 ‘‘SEC. 4209. PAPERWORK REDUCTION. 

8 ‘‘To the extent practicable, the Secretary and each au9 thorized public chartering agency shall ensure that imple10 mentation of this part results in a minimum of paperwork 

11 for any eligible applicant or charter school. 

12 ‘‘SEC. 4210. DEFINITIONS. 

13 ‘‘As used in this part: 

14 ‘‘(1) The term ‘charter school’ means a public 

15 school that— 

16 ‘‘(A) in accordance with a specific State 

17 statute authorizing the granting of charters to 

18 schools, is exempted from significant State or 

19 local rules that inhibit the flexible operation and 

20 management of public schools, but not from any 

21 rules relating to the other requirements of this 

22 paragraph; 

23 ‘‘(B) is created by a developer as a public 

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1 isting public school, and is operated under pub2 lic supervision and direction; 

3 ‘‘(C) operates in pursuit of a specific set of 

4 educational objectives determined by the school’s 

5 developer and agreed to by the authorized public 

6 chartering agency; 

7 ‘‘(D) provides a program of elementary or 

8 secondary education, or both; 

9 ‘‘(E) is nonsectarian in its programs, ad10 missions policies, employment practices, and all 

11 other operations, and is not affiliated with a sec12 tarian school or religious institution; 

13 ‘‘(F) does not charge tuition; 

14 ‘‘(G) complies with the Age Discrimination 

15 Act of 1975, title VI of the Civil Rights Act of 

16 1964, title IX of the Education Amendments of 

17 1972, section 504 of the Rehabilitation Act of 

18 1973, and part B of the Individuals with Dis19 abilities Education Act; 

20 ‘‘(H) is a school to which parents choose to 

21 send their children, and that admits students on 

22 the basis of a lottery, or in another nondiscrim23 inatory manner consistent with State law, if 

24 more students apply for admission than can be 

25 accommodated; 


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1 ‘‘(I) agrees to comply with the same Federal 

2 and State audit requirements as do other elemen3 tary and secondary schools in the State, unless 

4 such requirements are specifically waived for the 

5 purpose of this program; 

6 ‘‘(J) meets all applicable Federal, State, 

7 and local health and safety requirements; 

8 ‘‘(K) operates in accordance with State law; 

9 and 

10 ‘‘(L) has a written performance contract 

11 with the authorized public chartering agency in 

12 the State that includes a description of how stu13 dent academic achievement will be measured in 

14 charter schools pursuant to State academic as15 sessments that are required of other schools and 

16 pursuant to any other assessments mutually 

17 agreeable to the authorized public chartering 

18 agency and the charter school. 

19 ‘‘(2) The term ‘developer’ means an individual 

20 or group of individuals (including a public or private 

21 nonprofit organization), which may include teachers, 

22 administrators and other school staff, parents, or 

23 other members of the local community in which a 

24 charter school project will be carried out. 


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1 ‘‘(3) The term ‘eligible applicant’ means a devel2 oper that has— 

3 ‘‘(A) applied to an authorized public char4 tering authority; and 

5 ‘‘(B) provided adequate and timely notice to 

6 that authority under section 4203(d)(3). 

7 ‘‘(4) The term ‘authorized public chartering 

8 agency’ means a State educational agency, local edu9 cational agency, or other public entity that has the 

10 authority pursuant to State law and approved by the 

11 Secretary to authorize or approve a charter school. 

12 ‘‘SEC. 4211. AUTHORIZATION OF APPROPRIATIONS. 

13 ‘‘For the purpose of carrying out this part, there are 

14 authorized to be appropriated $225,000,000 for fiscal year 

15 2002 and such sums as may be necessary for each of the 

16 4 succeeding fiscal years.’’. 

17 SEC. 412. CONTINUATION OF AWARDS. 

18 Notwithstanding any other provision of this Act, any 

19 person or agency that was awarded a grant or subgrant 

20 under subpart 1 of part C of title X (20 U.S.C. 8061 et 

21 seq.) prior to the date of the enactment of this Act shall 

22 continue to receive funds in accordance with the terms of 

23 such award until the date on which the award period termi24 nates under such terms. 


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1 PART C—MAGNET SCHOOLS ASSISTANCE; 

2 WOMEN’S EDUCATIONAL EQUITY 

3 SEC. 421. MAGNET SCHOOLS ASSISTANCE. 

4 Title IV, as amended by sections 401 and 411, is fur5 ther amended by adding at the end the following: 

6 ‘‘PART C—MAGNET SCHOOLS ASSISTANCE; 

7 WOMEN’S EDUCATIONAL EQUITY 

8 ‘‘Subpart 1—Magnet Schools Assistance 

9 ‘‘SEC. 4301. FINDINGS. 

10 ‘‘The Congress finds as follows: 

11 ‘‘(1) Magnet schools are a significant part of the 

12 Nation’s efforts to achieve voluntary desegregation in 

13 our schools. 

14 ‘‘(2) The use of magnet schools has increased 

15 dramatically since the inception of the magnet schools 

16 assistance program under this Act, with approxi17 mately 2,000,000 students nationwide attending such 

18 schools, of whom more than 65 percent are non-white. 

19 ‘‘(3) Magnet schools offer a wide range of distinc20 tive programs that have served as models for school 

21 improvement efforts. 

22 ‘‘(4) It is in the best interests of the United 

23 States— 

24 ‘‘(A) to continue the Federal Government’s 

25 support of local educational agencies that are 

26 implementing court-ordered desegregation plans 


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1 and local educational agencies that are volun2 tarily seeking to foster meaningful interaction 

3 among students of different racial and ethnic 

4 backgrounds, beginning at the earliest stage of 

5 such students’ education; 

6 ‘‘(B) to ensure that all students have equi7 table access to a quality education that will pre8 pare them to function well in a highly competi9 tive economy; 

10 ‘‘(C) to maximize the ability of local edu11 cational agencies to plan, develop, implement, 

12 and continue effective and innovative magnet 

13 schools that contribute to State and local sys14 temic reform; and 

15 ‘‘(D) to ensure that grant recipients provide 

16 adequate data that demonstrate an ability to im17 prove student academic achievement. 

18 ‘‘SEC. 4302. STATEMENT OF PURPOSE. 

19 ‘‘The purpose of this part is to assist in the desegrega20 tion of schools served by local educational agencies by pro21 viding financial assistance to eligible local educational 

22 agencies for— 

23 ‘‘(1) the elimination, reduction, or prevention of 

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1 ondary schools with substantial proportions of minor2 ity students; 

3 ‘‘(2) the development and implementation of 

4 magnet school projects that will assist local edu5 cational agencies in achieving systemic reforms and 

6 providing all students the opportunity to meet chal7 lenging State academic content standards and student 

8 academic achievement standards; 

9 ‘‘(3) the development and design of innovative 

10 educational methods and practices that promote di11 versity and increase choices in public elementary and 

12 secondary schools and educational programs; and 

13 ‘‘(4) courses of instruction within magnet schools 

14 that will substantially strengthen the knowledge of 

15 academic subjects and the grasp of tangible and mar16 ketable vocational and technical skills of students at17 tending such schools. 

18 ‘‘SEC. 4303. PROGRAM AUTHORIZED. 

19 ‘‘The Secretary, in accordance with this part, is au20 thorized to make grants to eligible local educational agen21 cies, and consortia of such agencies where appropriate, to 

22 carry out the purpose of this part for magnet schools that 

23 are— 

24 ‘‘(1) part of an approved desegregation plan; 

25 and 


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1 ‘‘(2) designed to bring students from different so2 cial, economic, ethnic, and racial backgrounds to3 gether. 

4 ‘‘SEC. 4304. DEFINITION. 

5 ‘‘For the purpose of this part, the term ‘magnet school’ 

6 means a public elementary or secondary school or public 

7 elementary or secondary education center that offers a spe8 cial curriculum capable of attracting substantial numbers 

9 of students of different racial backgrounds. 

10 ‘‘SEC. 4305. ELIGIBILITY. 

11 ‘‘A local educational agency, or consortium of such 

12 agencies where appropriate, is eligible to receive assistance 

13 under this part to carry out the purpose of this part if such 

14 agency or consortium— 

15 ‘‘(1) is implementing a plan undertaken pursu16 ant to a final order issued by a court of the United 

17 States, or a court of any State, or any other State 

18 agency or official of competent jurisdiction, that re19 quires the desegregation of minority-group-segregated 

20 children or faculty in the elementary and secondary 

21 schools of such agency; or 

22 ‘‘(2) without having been required to do so, has 

23 adopted and is implementing, or will, if assistance is 

24 made available to such local educational agency or 

25 consortium of such agencies under this part, adopt 


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1 and implement a plan that has been approved by the 

2 Secretary as adequate under title VI of the Civil 

3 Rights Act of 1964 for the desegregation of minority4 group-segregated children or faculty in such schools. 

5 ‘‘SEC. 4306. APPLICATIONS AND REQUIREMENTS. 

6 ‘‘(a) APPLICATIONS.—An eligible local educational 

7 agency, or consortium of such agencies, desiring to receive 

8 assistance under this part shall submit an application to 

9 the Secretary at such time, in such manner, and containing 

10 such information and assurances as the Secretary may rea11 sonably require. 

12 ‘‘(b) INFORMATION AND ASSURANCES.—Each such ap13 plication shall include— 

14 ‘‘(1) a description of— 

15 ‘‘(A) how assistance made available under 

16 this part will be used to promote desegregation, 

17 including how the proposed magnet school project 

18 will increase interaction among students of dif19 ferent social, economic, ethnic, and racial back20 grounds; 

21 ‘‘(B) the manner and extent to which the 

22 magnet school project will increase student aca23 demic achievement in the instructional area or 

24 areas offered by the school; 


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1 ‘‘(C) how an applicant will continue the 

2 magnet school project after assistance under this 

3 part is no longer available, including, if applica4 ble, an explanation of why magnet schools estab5 lished or supported by the applicant with funds 

6 under this part cannot be continued without the 

7 use of funds under this part; 

8 ‘‘(D) how funds under this part will be used 

9 to improve student academic performance for all 

10 students attending the magnet schools; and 

11 ‘‘(E) the criteria to be used in selecting stu12 dents to attend the proposed magnet school 

13 projects; and 

14 ‘‘(2) assurances that the applicant will— 

15 ‘‘(A) use funds under this part for the pur16 pose specified in section 4302; 

17 ‘‘(B) employ fully qualified teachers in the 

18 courses of instruction assisted under this part; 

19 ‘‘(C) not engage in discrimination based on 

20 race, religion, color, national origin, sex, or dis21 ability in— 

22 ‘‘(i) the hiring, promotion, or assign23 ment of employees of the agency or other 

24 personnel for whom the agency has any ad25 ministrative responsibility; 


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1 ‘‘(ii) the assignment of students to 

2 schools, or to courses of instruction within 

3 the school, of such agency, except to carry 

4 out the approved plan; and 

5 ‘‘(iii) designing or operating extra6 curricular activities for students; 

7 ‘‘(D) carry out a high-quality education 

8 program that will encourage greater parental de9 cisionmaking and involvement; and 

10 ‘‘(E) give students residing in the local at11 tendance area of the proposed magnet school 

12 projects equitable consideration for placement in 

13 those projects. 

14 ‘‘SEC. 4307. PRIORITY. 

15 ‘‘In approving applications under this part, the Sec16 retary shall give priority to applicants that— 

17 ‘‘(1) demonstrate the greatest need for assistance, 

18 based on the expense or difficulty of effectively car19 rying out an approved desegregation plan and the 

20 projects for which assistance is sought; 

21 ‘‘(2) propose to carry out new magnet school 

22 projects, or significantly revise existing magnet school 

23 projects; and 


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1 ‘‘(3) propose to select students to attend magnet 

2 school projects by methods such as lottery, rather than 

3 through academic examination. 

4 ‘‘SEC. 4308. USE OF FUNDS. 

5 ‘‘(a) IN GENERAL.—Grant funds made available under 

6 this part may be used by an eligible local educational agen7 cy or consortium of such agencies— 

8 ‘‘(1) for planning and promotional activities di9 rectly related to the development, expansion, continu10 ation, or enhancement of academic programs and 

11 services offered at magnet schools; 

12 ‘‘(2) for the acquisition of books, materials, and 

13 equipment, including computers and the maintenance 

14 and operation thereof, necessary for the conduct of 

15 programs in magnet schools; 

16 ‘‘(3) for the payment, or subsidization of the 

17 compensation, of elementary and secondary school 

18 teachers who are fully qualified, and instructional 

19 staff where applicable, who are necessary for the con20 duct of programs in magnet schools; 

21 ‘‘(4) with respect to a magnet school program of22 fered to less than the entire student population of a 

23 school, for instructional activities that— 

24 ‘‘(A) are designed to make available the spe25 cial curriculum that is offered by the magnet 


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1 school project to students who are enrolled in the 

2 school but who are not enrolled in the magnet 

3 school program; and 

4 ‘‘(B) further the purpose of this part; and 

5 ‘‘(5) for activities, which may include profes6 sional development, that will build the recipient’s ca7 pacity to operate magnet school programs once the 

8 grant period has ended. 

9 ‘‘(b) SPECIAL RULE.—Grant funds under this part 

10 may be used in accordance with paragraphs (2) and (3) 

11 of subsection (a) only if the activities described in such 

12 paragraphs are directly related to improving the students’ 

13 academic performance based on the State’s challenging aca14 demic content standards and student academic achievement 

15 standards or directly related to improving the students’ 

16 reading skills or knowledge of mathematics, science, history, 

17 geography, English, foreign languages, art, or music, or to 

18 improving vocational and technical skills. 

19 ‘‘SEC. 4309. PROHIBITIONS. 

20 ‘‘(a) TRANSPORTATION.—Grants under this part may 

21 not be used for transportation or any activity that does not 

22 augment academic improvement. 

23 ‘‘(b) PLANNING.—A local educational agency shall not 

24 expend funds under this part after the third year that such 

25 agency receives funds under this part for such project. 


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1 ‘‘SEC. 4310. LIMITATIONS. 

2 ‘‘(a) DURATION OF AWARDS.—A grant under this part 

3 shall be awarded for a period that shall not exceed three 

4 fiscal years. 

5 ‘‘(b) LIMITATION ON PLANNING FUNDS.—A local edu6 cational agency may expend for planning not more than 

7 50 percent of the funds received under this part for the first 

8 year of the project, 15 percent of such funds for the second 

9 such year, and 10 percent of such funds for the third such 

10 year. 

11 ‘‘(c) AMOUNT.—No local educational agency or consor12 tium awarded a grant under this part shall receive more 

13 than $4,000,000 under this part in any one fiscal year. 

14 ‘‘(d) TIMING.—To the extent practicable, the Secretary 

15 shall award grants for any fiscal year under this part not 

16 later than July 1 of the applicable fiscal year. 

17 ‘‘SEC. 4311. EVALUATIONS. 

18 ‘‘(a) RESERVATION.—The Secretary may reserve not 

19 more than 2 percent of the funds appropriated under section 

20 4312(a) for any fiscal year to carry out evaluations, tech21 nical assistance, and dissemination projects with respect to 

22 magnet school projects and programs assisted under this 

23 part. 

24 ‘‘(b) CONTENTS.—Each evaluation described in sub25 section (a), at a minimum, shall address— 


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1 ‘‘(1) how and the extent to which magnet school 

2 programs lead to educational quality and improve3 ment; 

4 ‘‘(2) the extent to which magnet school programs 

5 enhance student access to quality education; 

6 ‘‘(3) the extent to which magnet school programs 

7 lead to the elimination, reduction, or prevention of 

8 minority group isolation in elementary and sec9 ondary schools with substantial proportions of minor10 ity students; and 

11 ‘‘(4) the extent to which magnet school programs 

12 differ from other school programs in terms of the or13 ganizational characteristics and resource allocations 

14 of such magnet school programs. 

15 ‘‘SEC. 4312. AUTHORIZATION OF APPROPRIATIONS; RES16 ERVATION. 

17 ‘‘(a) AUTHORIZATION.—For the purpose of carrying 

18 out this part, there are authorized to be appropriated 

19 $125,000,000 for fiscal year 2002 and such sums as may 

20 be necessary for each of the 4 succeeding fiscal years. 

21 ‘‘(b) AVAILABILITY OF FUNDS FOR GRANTS TO AGEN22 CIES NOT PREVIOUSLY ASSISTED.—In any fiscal year for 

23 which the amount appropriated pursuant to subsection (a) 

24 exceeds $75,000,000, the Secretary shall give priority to 

25 using such amounts in excess of $75,000,000 to award 


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1 grants to local educational agencies or consortia of such 

2 agencies that did not receive a grant under this part in 

3 the preceding fiscal year.’’. 

4 SEC. 422. WOMEN’S EDUCATIONAL EQUITY. 

5 (a) TRANSFER AND REDESIGNATION.—Part B of title 

6 V (20 U.S.C. 7231 et seq.) is transferred and redesignated 

7 as subpart 2 of part C of title IV. Sections 5201 through 

8 5208 are redesignated as sections 4321 through 4328, re9 spectively. 

10 (b) REPORT.—Section 4326 (as so redesignated) is 

11 amended by striking ‘‘January 1, 1999,’’ and inserting 

12 ‘‘January 1, 2005,’’. 

13 (c) EVALUATION AND DISSEMINATION.—Section 

14 4327(a) (as so redesignated) is amended— 

15 (1) by striking ‘‘14701,’’ and inserting ‘‘8651,’’; 

16 and 

17 (2) by striking ‘‘January 1, 1998.’’ and insert18 ing ‘‘January 1, 2004.’’. 

19 (d) REAUTHORIZATION.—Section 4328 (as so redesig20 nated) is amended by striking ‘‘$5,000,000 for fiscal year 

21 1995 and such sums as may be necessary for each of the 

22 four succeeding fiscal years,’’ and inserting ‘‘$3,000,000 for 

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

24 each of the four succeeding fiscal years,’’. 

25 (e) OTHER CONFORMING AMENDMENTS.— 


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1 (1) SHORT TITLE.—Section 4321(a) (as so redes2 ignated) is amended to read as follows: 

3 ‘‘(a) SHORT TITLE.—This subpart may be cited as the 

4 ‘Women’s Educational Equity Act of 2001’.’’. 

5 (2) REFERENCES.—Subpart 2 of part C of title 

6 IV (as so redesignated) is amended— 

7 (A) by striking ‘‘this part’’ each place such 

8 term appears and inserting ‘‘this subpart’’; and 

9 (B) by striking ‘‘5203(b)’’ each place such 

10 term appears and inserting ‘‘4423(b)’’. 

11 SEC. 423. CONTINUATION OF AWARDS. 

12 Notwithstanding any other provision of this Act, any 

13 person or agency that was awarded a grant under part A 

14 of title V (20 U.S.C. 7201 et seq.), or a grant, contract, 

15 or cooperative agreement under part B of such title (20 

16 U.S.C. 7231 et seq.), prior to the date of the enactment of 

17 this Act shall continue to receive funds in accordance with 

18 the terms of such award until the date on which the award 

19 period terminates under such terms. 

20 TITLE V—21ST CENTURY 

21 SCHOOLS 

22 SEC. 501. SAFE SCHOOLS. 

23 Title V, except part B (which is transferred and redes24 ignated as subpart 2 of part C of title IV by section 422(a) 

25 of this Act) is amended to read as follows: 


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1 ‘‘TITLE V—21ST CENTURY 

2 SCHOOLS 

3 ‘‘PART A—SUPPORTING VIOLENCE AND DRUG 

4 PREVENTION AND ACADEMIC ENRICHMENT 

5 ‘‘SEC. 5001. SHORT TITLE. 

6 ‘‘This part may be cited as the ‘21st Century Schools 

7 Act of 2001’. 

8 ‘‘SEC. 5002. PURPOSE. 

9 ‘‘The purpose of this part is to support programs that 

10 prevent the use of illegal drugs, prevent violence, provide 

11 quality before and after school activities and supervision 

12 for school age youth, involve parents and communities, and 

13 are coordinated with related Federal, State, and community 

14 efforts and resources to foster a safe and drug-free learning 

15 environment in which students increase their academic 

16 achievement, through the provision of Federal assistance 

17 to— 

18 ‘‘(1) States for grants to local educational agen19 cies and consortia of such agencies to establish, oper20 ate, and improve local programs of drug and violence 

21 prevention in elementary and secondary schools; 

22 ‘‘(2) States for grants to local educational agen23 cies, community-based organizations, and other public 

24 entities and private organizations, for before and 

25 after school programs for youth; and 


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1 ‘‘(3) States and public and private nonprofit 

2 and for-profit organizations to conduct training, dem3 onstrations, and evaluations. 

4 ‘‘SEC. 5003. AUTHORIZATION OF APPROPRIATIONS. 

5 ‘‘There are authorized to be appropriated— 

6 ‘‘(1) $475,000,000 for fiscal year 2002, and such 

7 sums as may be necessary for each of the 4 succeeding 

8 fiscal years, for State grants under subpart 1; 

9 ‘‘(2) $900,000,000 for fiscal year 2002, and such 

10 sums as may be necessary for each of the four suc11 ceeding fiscal years, for State grants under subpart 2; 

12 and 

13 ‘‘(3) $60,000,000 for fiscal year 2002, and for 

14 each of the 4 succeeding fiscal years, for national pro15 grams under subpart 3. 

16 ‘‘Subpart 1—Safe Schools 

17 ‘‘SEC. 5111. RESERVATIONS AND ALLOTMENTS. 

18 ‘‘(a) RESERVATIONS.—From the amount made avail19 able under section 5003(1) to carry out this subpart for each 

20 fiscal year, the Secretary— 

21 ‘‘(1) shall reserve 1 percent or $4,750,000 

22 (whichever is greater) of such amount for grants to 

23 Guam, American Samoa, the United States Virgin Is24 lands, and the Commonwealth of the Northern Mar25 iana Islands, to be allotted in accordance with the 


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1 Secretary’s determination of their respective needs 

2 and to carry out programs described in this subpart; 

3 ‘‘(2) shall reserve 1 percent or $4,750,000 

4 (whichever is greater) of such amount for the Sec5 retary of the Interior to carry out programs described 

6 in this subpart for Indian youth; 

7 ‘‘(3) shall reserve 0.2 percent of such amount for 

8 Native Hawaiians to be used to carry out programs 

9 described in this subpart; 

10 ‘‘(4) notwithstanding section 3 of the Leave No 

11 Child Behind Act of 2001, shall reserve an amount 

12 necessary to make continuation grants to grantees 

13 under part I of title X of this Act (under the terms 

14 of those grants), as such part existed on the day before 

15 the effective date of the Leave No Child Behind Act 

16 of 2001; and 

17 ‘‘(5) notwithstanding section 3 of the Leave No 

18 Child Behind Act of 2001, shall reserve an amount 

19 necessary to make continuation grants to grantees 

20 under the Safe Schools/Healthy Students initiative 

21 (under the terms of those grants), as it existed on the 

22 day before the date of the effective date of the Leave 

23 No Child Behind Act of 2001. 

24 ‘‘(b) STATE ALLOTMENTS.— 


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1 ‘‘(1) IN GENERAL.—Except as provided in para2 graph (2), the Secretary, for each fiscal year, shall al3 locate among the States— 

4 ‘‘(A) one-half of the remainder not reserved 

5 under subsection (a) according to the ratio be6 tween the school-aged population of each State 

7 and the school-aged population of all the States; 

8 and 

9 ‘‘(B) one-half of such remainder according 

10 to the ratio between the amount each State re11 ceived under part A of title I for the preceding 

12 year and the sum of such amounts received by 

13 all the States. 

14 ‘‘(2) MINIMUM.—For any fiscal year, no State 

15 shall be allotted under this subsection an amount that 

16 is less than one-half of 1 percent of the total amount 

17 allotted to all the States under this subsection. 

18 ‘‘(c) REALLOTMENT OF UNUSED FUNDS.—If any State 

19 does not apply for an allotment under this subpart for a 

20 fiscal year, the Secretary shall reallot the amount of the 

21 State’s allotment to the remaining States in accordance 

22 with this section. 

23 ‘‘(d) DEFINITION.—For the purposes of this section, the 

24 term ‘Native Hawaiian’ means any individual any of 


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1 whose ancestors were natives, prior to 1778, of the area 

2 which now comprises the State of Hawaii. 

3 ‘‘SEC. 5112. RESERVATION OF STATE FUNDS FOR SAFE 

4 SCHOOLS. 

5 ‘‘(a) STATE RESERVATION FOR THE GOVERNOR.— 

6 ‘‘(1) IN GENERAL.—The chief executive officer of 

7 a State may reserve not more than 20 percent of the 

8 total amount allocated to a State under section 

9 5111(b) for each fiscal year to award competitive 

10 grants and contracts to local educational agencies, 

11 community-based organizations, and other public en12 tities and private organizations for programs or ac13 tivities to support community efforts that complement 

14 activities of local educational agencies described in 

15 section 5115. Such officer shall award grants based 

16 on— 

17 ‘‘(A) the quality of the activity or program 

18 proposed; and 

19 ‘‘(B) how the program or activity is aligned 

20 with the appropriate principles of effectiveness 

21 described in section 5114(a). 

22 ‘‘(2) SPECIAL CONSIDERATION.—In awarding 

23 funds under subparagraph (A), a chief executive offi24 cer shall give special consideration to grantees that 

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1 lence prevention by providing and incorporating 

2 mental health services in their programs. 

3 ‘‘(3) ADMINISTRATIVE COSTS.—The chief execu4 tive officer of a State may use not more than 1 per5 cent of the amount described in subparagraph (A) for 

6 the administrative costs incurred in carrying out the 

7 duties of such officer under this section. 

8 ‘‘(b) STATE FUNDS.— 

9 ‘‘(1) ADDITIONAL RESERVATIONS.—Each State 

10 shall reserve an amount equal to the total amount al11 lotted to a State under section 5111(b), less the 

12 amount reserved under subsection (a) and paragraphs 

13 (2) and (3) of this subsection, for each fiscal year for 

14 its local educational agencies. 

15 ‘‘(2) STATE ACTIVITIES.—A State may use not 

16 more than 4 percent of the total amount available 

17 under subsection (a) for State activities described in 

18 subsection (c). 

19 ‘‘(3) STATE ADMINISTRATION.—A State may use 

20 not more than 1 percent of the amount made avail21 able under subsection (a) for the administrative costs 

22 of carrying out its responsibilities under this subpart. 

23 ‘‘(c) ACTIVITIES.— 

24 ‘‘(1) IN GENERAL.—A State shall use a portion 

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1 rectly, or through grants and contracts, to plan, de2 velop, and implement capacity building, technical as3 sistance, evaluation, program improvement services, 

4 and coordination activities for local educational agen5 cies, community-based organizations, other public en6 tities, and private organizations that are designed to 

7 support the implementation of programs and activi8 ties under this subpart. 

9 ‘‘(2) DATA COLLECTION.— 

10 ‘‘(A) STATISTICS.—A State may use a por11 tion of the funds, not to exceed 20 percent, de12 scribed in subsection (b)(2), either directly or 

13 through grants and contracts, to establish and 

14 implement a statewide system of collecting data 

15 regarding statistics on— 

16 ‘‘(i) truancy rates; and 

17 ‘‘(ii) the frequency, seriousness, and in18 cidence of violence and drug related offenses 

19 resulting in suspensions and expulsion in 

20 elementary and secondary schools in States. 

21 ‘‘(B) COMPILATION OF STATISTICS.—The 

22 statistics shall be compiled in accordance with 

23 definitions as determined in the State criminal 

24 code, but shall not identify victims of crimes or 

25 persons accused of crimes. The collected data 


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1 shall include, incident reports by school officials, 

2 anonymous student surveys, and anonymous 

3 teacher surveys. 

4 ‘‘(C) REPORTING.—Such data and statistics 

5 shall be reported to the public and shall be re6 ported on a school-by-school basis. 

7 ‘‘(D) LIMITATION.—Nothing in this sub8 section shall be construed to authorize the Sec9 retary to require particular policies, procedures, 

10 or practices with respect to crimes on school 

11 property or school security. 

12 ‘‘(3) SAFE SCHOOLS.—The State shall establish 

13 and implement a statewide policy requiring that stu14 dents attending persistently dangerous public elemen15 tary and secondary schools, as determined by the 

16 State, or who become a victim of a violent criminal 

17 offense, as defined by State law, while in or on the 

18 grounds of a public elementary school or secondary 

19 school that the student attends, be allowed to attend 

20 a safe public elementary or secondary school, within 

21 the local educational agency, including a public char22 ter school and allowing payment of reasonable trans23 portation costs and tuition costs for such students. 


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1 ‘‘SEC. 5113. STATE APPLICATION. 

2 ‘‘(a) IN GENERAL.—In order to receive an allotment 

3 under section 5111 for any fiscal year, a State shall submit 

4 to the Secretary, at such time as the Secretary may require, 

5 an application that— 

6 ‘‘(1) describes the activities to be funded under 

7 section 5112(c); 

8 ‘‘(2) describes how activities funded under this 

9 subpart will support State academic achievement 

10 standards in accordance with section 1111; 

11 ‘‘(3) describes how funds under this subpart will 

12 be coordinated with programs under this Act, and 

13 other programs, as appropriate, in accordance with 

14 the provisions of section 8306; 

15 ‘‘(4) provides an assurance that the application 

16 was developed in consultation and coordination with 

17 appropriate State officials and others, including the 

18 chief executive officer, the chief State school officer, the 

19 head of the State alcohol and drug abuse agency, the 

20 heads of the State health and mental health agencies, 

21 the head of the State criminal justice planning agen22 cy, the head of the State child welfare agency, the 

23 head of the State board of education, or their des24 ignees, and representatives of parents, students, and 

25 community-based organizations; 


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1 ‘‘(5) provides an assurance that the State will 

2 cooperate with, and assist, the Secretary in con3 ducting data collection as required by section 5116(a); 

4 ‘‘(6) provides an assurance that the local edu5 cational agencies in the State will comply with the 

6 provisions of section 8503 pertaining to the partici7 pation of private school children and teachers in the 

8 programs and activities under this subpart; 

9 ‘‘(7) provides an assurance that funds under this 

10 subpart will be used to increase the level of State, 

11 local, and other non-Federal funds that would, in the 

12 absence of funds under this subpart, be made avail13 able for programs and activities authorized under this 

14 subpart, and in no case supplant such State, local, 

15 and other non-Federal funds; 

16 ‘‘(8) describes the results of the State’s needs and 

17 resources assessment for violence and illegal drug use 

18 prevention which shall be based on the results of on19 going evaluation (which may include data on the in20 cidence and prevalence, age of onset, perception of 

21 health risk and perception of social disapproval of vi22 olence and illegal drug use by youth in schools and 

23 communities and the prevalence of risk and protective 

24 factors or other scientifically based research variables 

25 in the school and community); 


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1 ‘‘(9)(A) provides a statement of the State’s per2 formance measures for drug and violence prevention 

3 programs and activities to be funded under this part 

4 that shall be developed in consultation between the 

5 State and local officials and that consist of— 

6 ‘‘(i) performance indicators for drug and 

7 violence prevention programs and activities; and 

8 ‘‘(ii) levels of performance for each perform9 ance indicator; 

10 ‘‘(B) a description of the procedures the State 

11 will use for assessing and publicly reporting progress 

12 toward meeting those performance measures; and 

13 ‘‘(C) a plan for monitoring the implementation 

14 of, and providing technical assistance regarding, the 

15 activities and programs conducted by local edu16 cational agencies, community-based organizations, 

17 other public entities, and private organizations under 

18 this subpart; 

19 ‘‘(10) provides an assurance that the State will 

20 consult with a representative sample of local edu21 cational agencies in the development of the definition 

22 of ‘persistently dangerous school’ for the purposes of 

23 section 5112(c)(3); 


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1 ‘‘(11) provides a description of how the State de2 fines ‘persistently dangerous school’ for the purposes 

3 of section 5112(c)(3); and 

4 ‘‘(12) provides an assurance that the State ap5 plication will be available for public review after sub6 mission of the application. 

7 ‘‘(b) GENERAL APPROVAL.—A State application sub8 mitted pursuant to subsection (a) shall be deemed to be ap9 proved by the Secretary unless the Secretary makes a writ10 ten determination, prior to the expiration of the 90-day pe11 riod beginning on the date that the Secretary receives the 

12 application, that the application is in violation of this sub13 part. 

14 ‘‘(c) DISAPPROVAL.—The Secretary shall not finally 

15 disapprove a State application, except after giving the 

16 State notice and opportunity for a hearing. 

17 ‘‘SEC. 5114. FORMULA GRANT PROGRAM. 

18 ‘‘(a) IN GENERAL.— 

19 ‘‘(1) FUNDS TO LOCAL EDUCATIONAL AGEN20 CIES.—A State shall provide the amount made avail21 able to the State under this subpart, less the amounts 

22 reserved under sections 5111 and 5112 to local edu23 cational agencies for drug and violence prevention 

24 and education as follows: 


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1 ‘‘(A) 60 percent of such amount based on 

2 the relative amount such agencies received under 

3 part A of title I for the preceding fiscal year. 

4 ‘‘(B) 40 percent of such amount to local 

5 educational agencies based on the relative enroll6 ments in public and private nonprofit elemen7 tary and secondary schools within the bound8 aries of such agencies. 

9 ‘‘(2) ADMINISTRATIVE COSTS.—Of the amount 

10 received under paragraph (1), a local educational 

11 agency may use not more than 1 percent for the ad12 ministrative costs of carrying out its responsibilities 

13 under this subpart. 

14 ‘‘(3) RETURN OF FUNDS TO STATE; REALLOCA15 TION.— 

16 ‘‘(A) RETURN.—Except as provided in sub17 paragraph (B), upon the expiration of the 1-year 

18 period beginning on the date that a local edu19 cational agency receives its allocation— 

20 ‘‘(i) such agency shall return to the 

21 State any funds from such allocation that 

22 remain unobligated; and 

23 ‘‘(ii) the State shall reallocate any such 

24 amount to local educational agencies that 


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1 have submitted plans for using such amount 

2 for programs or activities on a timely basis. 

3 ‘‘(B) CARRYOVER.—In any fiscal year, a 

4 local educational agency, may retain for obliga5 tion in the succeeding fiscal year— 

6 ‘‘(i) an amount equal to not more than 

7 25 percent of the allocation it received 

8 under this subpart for such fiscal year; or 

9 ‘‘(ii) upon a demonstration of good 

10 cause by such agency and approval by the 

11 State, an amount that exceeds 25 percent of 

12 such allocation. 

13 ‘‘(b) ELIGIBILITY.—To be eligible to receive a subgrant 

14 under this subpart, a local educational agency desiring a 

15 subgrant shall submit an application to the State. Such an 

16 application shall be amended, as necessary, to reflect 

17 changes in the activities and programs of the local edu18 cational agency. 

19 ‘‘(c) DEVELOPMENT.— 

20 ‘‘(1) CONSULTATION.— 

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

22 agency shall develop its application through 

23 timely and meaningful consultation with State 

24 and local government representatives, representa25 tives of schools to be served, school personnel, and 


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1 community organizations with relevant and 

2 demonstrated expertise in drug and violence pre3 vention activities, students and parents. 

4 ‘‘(B) CONTINUED CONSULTATION.—On an 

5 ongoing basis, the local educational agency shall 

6 consult with such representatives and organiza7 tions in order to seek advice regarding how best 

8 to coordinate such agency’s activities under this 

9 subpart with other related strategies, programs, 

10 and activities being conducted in the commu11 nity. 

12 ‘‘(2) DESIGN AND DEVELOPMENT.—To ensure 

13 timely and meaningful consultation, a local edu14 cational agency at the initial stages of design and de15 velopment of a program or activity shall consult, in 

16 accordance with this subsection, with appropriate en17 tities and persons on issues regarding the design and 

18 development of the program or activity, including ef19 forts to meet the principles of effectiveness described 

20 in section 5115(a). 

21 ‘‘(d) CONTENTS OF APPLICATIONS.— 

22 ‘‘(1) IN GENERAL.—An application submitted by 

23 a local educational agency under this section shall 

24 contain— 


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1 ‘‘(A) an assurance that the activities or pro2 grams to be funded support State academic 

3 achievement goals in accordance with section 

4 1111; 

5 ‘‘(B) a detailed explanation of the local edu6 cational agency’s comprehensive plan for drug 

7 and violence prevention, which shall include a 

8 description of— 

9 ‘‘(i) how the plan will be coordinated 

10 with programs under this Act, other Fed11 eral, State, and local programs for drug 

12 and violence prevention, in accordance with 

13 the provisions of section 8306; 

14 ‘‘(ii) the local educational agency’s 

15 performance measures for drug and violence 

16 prevention programs and activities, that 

17 shall consist of— 

18 ‘‘(I) performance indicators for 

19 drug and violence prevention programs 

20 and activities; and 

21 ‘‘(II) levels of performance for 

22 each performance indicator; 

23 ‘‘(iii) how such agency will assess and 

24 publicly report progress toward attaining 

25 its performance measures; 


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1 ‘‘(iv) the drug and violence prevention 

2 activity or program to be funded, including 

3 how the activity or program will meet the 

4 principles of effectiveness described in sec5 tion 5115(a), and the means of evaluating 

6 such activity or program; and 

7 ‘‘(v) how the services will be targeted to 

8 schools and students with the greatest need; 

9 ‘‘(C) a certification that a meaningful as10 sessment has been conducted to determine com11 munity needs (including consultation with com12 munity leaders, businesses, and school officials), 

13 available resources and capacity in the public 

14 and private sector (which may include an anal15 ysis based on data reasonably available at the 

16 time on the incidence and prevalence, age of 

17 onset, perception of health risk, and perception of 

18 social disapproval of drug use and violence by 

19 youth in schools and communities, prevalence of 

20 risk and protective factors, buffers or assets, or 

21 other scientifically based research variables in 

22 the school and community), the findings of such 

23 assessments; 

24 ‘‘(D) an assurance that funds under this 

25 subpart will be used to increase the level of State, 


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1 local, and other non-Federal funds that would, 

2 in the absence of funds under this subpart, be 

3 made available for programs and activities au4 thorized under this subpart, and in no case sup5 plant such State, local, and other non-Federal 

6 funds; 

7 ‘‘(E) a description of the mechanisms used 

8 to provide effective notice to the community of 

9 an intention to submit an application under this 

10 title; 

11 ‘‘(F) an assurance that drug prevention 

12 programs supported under this part convey a 

13 clear and consistent message that the illegal use 

14 of drugs is wrong and harmful; 

15 ‘‘(G) an assurance that the local edu16 cational agency has established and implemented 

17 a student code of conduct policy that clearly 

18 states responsibilities of students, teachers, and 

19 administrators in maintaining a classroom envi20 ronment that allows a teacher to communicate 

21 effectively with all students in the class, that al22 lows all students in the class to learn, has con23 sequences that are fair and appropriate for vio24 lations, and is enforced equitably; 


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1 ‘‘(H) an assurance that the application and 

2 any waiver request will be available for public 

3 review after submission of the application; and 

4 ‘‘(I) such other information and assurances 

5 as the State may reasonably require. 

6 ‘‘(2) GENERAL APPROVAL.—A local educational 

7 agency’s application submitted to the State under this 

8 subpart shall be deemed to be approved by the State 

9 unless the State makes a written determination, prior 

10 to the expiration of the 90-day period beginning on 

11 the date that the State receives the application, that 

12 the application is in violation of this subpart. 

13 ‘‘(3) DISAPPROVAL.—The State shall not finally 

14 disapprove a local educational agency application, 

15 except after giving such agency notice and an oppor16 tunity for a hearing. 

17 ‘‘SEC. 5115. AUTHORIZED ACTIVITIES. 

18 ‘‘(a) PRINCIPLES OF EFFECTIVENESS.— 

19 ‘‘(1) IN GENERAL.—For a program or activity 

20 developed pursuant to this subpart to meet the prin21 ciples of effectiveness, such program or activity 

22 shall— 

23 ‘‘(A) be based upon an assessment of objec24 tive data regarding the incidence of violence and 

25 illegal drug use in the elementary and secondary 


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1 schools and communities to be served, including 

2 an objective analysis of the current conditions 

3 and consequences regarding violence and illegal 

4 drug use, including delinquency and serious dis5 cipline problems, among students who attend 

6 such schools (including private school students 

7 who participate in the drug and violence preven8 tion program) that is based on ongoing local as9 sessment or evaluation activities; 

10 ‘‘(B) be based upon an established set of 

11 performance measures aimed at ensuring that 

12 the elementary and secondary schools and com13 munities to be served by the program have a 

14 drug-free, safe, and orderly learning environ15 ment; and 

16 ‘‘(C) be based upon scientifically based re17 search that provides evidence that the program to 

18 be used will reduce violence and illegal drug use. 

19 ‘‘(2) PERIODIC EVALUATION.—The program or 

20 activity shall undergo a periodic evaluation to assess 

21 its progress toward reducing violence and illegal drug 

22 use in schools to be served based on performance 

23 measures described in section 5114(d)(1)(B)(ii) The 

24 results shall be used to refine, improve, and strength25 en the program, and to refine the performance measVerDate Mar 15 2010 15:07 Jun 10, 2011 Jkt 223001 PO 00000 Frm 00740 Fmt 6652 Sfmt 6203 E:\ERIC\H1.RH2 H1

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1 ures. The results shall also be made available to the 

2 public upon request, with public notice of such avail3 ability provided. 

4 ‘‘(3) WAIVER.—A local educational agency may 

5 apply to the State for a waiver of the requirement of 

6 paragraph (1)(C) to allow innovative activities or 

7 programs that demonstrate substantial likelihood of 

8 success. 

9 ‘‘(b) LOCAL EDUCATIONAL AGENCY ACTIVITIES.— 

10 ‘‘(1) PROGRAM REQUIREMENTS.—A local edu11 cational agency shall use funds made available under 

12 section 5114 to develop, implement, and evaluate com13 prehensive programs and activities, which are coordi14 nated with other school and community-based services 

15 and programs, that shall— 

16 ‘‘(A) support State academic achievement 

17 goals in accordance with section 1111; 

18 ‘‘(B) be consistent with the principles of ef19 fectiveness described in subsection (a); 

20 ‘‘(C) be designed to— 

21 ‘‘(i) prevent or reduce violence and ille22 gal drug use, delinquency, serious discipline 

23 problems, and poor academic achievement 

24 and illegal drug use; and 


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1 ‘‘(ii) create a well disciplined environ2 ment conducive to learning, which includes 

3 consultation between teachers, principals, 

4 and other school personnel to identify early 

5 warning signs of drug use and violence and 

6 to provide behavioral interventions as part 

7 of classroom management efforts; and 

8 ‘‘(D) include activities to promote the in9 volvement of parents in the activity or program, 

10 to promote coordination with community groups 

11 and coalitions, and government agencies, and to 

12 distribute information about the local edu13 cational agency’s needs, goals, and programs 

14 under this subpart. 

15 ‘‘(2) AUTHORIZED ACTIVITIES.—Each local edu16 cational agency or consortium of such agencies, that 

17 receives a subgrant under this subpart may use such 

18 funds to carry out activities, such as— 

19 ‘‘(A) developmentally appropriate drug and 

20 violence prevention programs in both elementary 

21 and secondary schools that incorporate a variety 

22 of prevention strategies and activities, which 

23 may include— 

24 ‘‘(i) teaching students that most people 

25 do not use illegal drugs; 


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1 ‘‘(ii) teaching students to recognize so2 cial and peer pressure to use illegal drugs 

3 and the skills for resisting illegal drug use; 

4 ‘‘(iii) teaching students about the dan5 gers of emerging drugs; 

6 ‘‘(iv) engaging students in the learning 

7 process; 

8 ‘‘(v) incorporating activities in sec9 ondary schools that reinforce prevention ac10 tivities implemented in elementary schools; 

11 and 

12 ‘‘(vi) involving families and commu13 nities in setting clear expectations against 

14 violence and illegal drug use and enforcing 

15 appropriate consequences for violence and 

16 illegal drug use; 

17 ‘‘(B) training of school personnel and par18 ents in youth drug and violence prevention, in19 cluding training in early identification, inter20 vention, and prevention of threatening behavior; 

21 ‘‘(C) community-wide strategies for reduc22 ing violence and illegal drug use, and illegal 

23 gang activity; 

24 ‘‘(D) to the extent that expenditures do not 

25 exceed 20 percent of the amount made available 


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1 to a local educational agency under this subpart, 

2 law enforcement and security activities, includ3 ing— 

4 ‘‘(i) acquisition and installation of 

5 metal detectors; 

6 ‘‘(ii) hiring and training of security 

7 personnel, that are related to youth drug 

8 and violence prevention; 

9 ‘‘(iii) reporting of criminal offenses on 

10 school property; and 

11 ‘‘(iv) development of comprehensive 

12 school security assessments; 

13 ‘‘(E) expanding and improving school-based 

14 mental health services, including early identi15 fication of violence and illegal drug use, assess16 ment, and direct individual or group counseling 

17 services provided to students, parents, and school 

18 personnel by qualified school based mental health 

19 services personnel; 

20 ‘‘(F) establishing and maintaining peer me21 diation programs that include educating and 

22 training peer mediators and a designated faculty 

23 supervisor and purchasing necessary materials 

24 to facilitate training and the mediation process; 


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1 ‘‘(G) alternative education programs or 

2 services that reduce the need for suspensions or 

3 expulsions or programs or services for students 

4 who have been expelled or suspended from the 

5 regular educational settings, including programs 

6 or services to assist students to reenter the reg7 ular education setting upon return from treat8 ment or alternative education programs; 

9 ‘‘(H) counseling, mentoring, and referral 

10 services, and other student assistance practices 

11 and programs, including assistance provided by 

12 qualified school based mental health services per13 sonnel and the training of teachers by school14 based mental health service providers in appro15 priate identification and intervention techniques 

16 for students, at risk of violent behavior and drug 

17 use; 

18 ‘‘(I) activities that reduce truancy; 

19 ‘‘(J) age appropriate, developmentally based 

20 violence prevention and education programs that 

21 address the legal, health, personal, and social 

22 consequences of illegal drug use and violent and 

23 disruptive behavior and that include activities 

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1 vidual responsibility and respect for the rights of 

2 others, and to resolve conflicts without violence; 

3 ‘‘(K) providing guidance to students that 

4 encourages students to seek advice for anxiety, 

5 threats of violence, or actual violence and to con6 fide in a trusted adult regarding an uncomfort7 able or threatening situation; 

8 ‘‘(L) the development of educational pro9 grams that prevent school based crime, including 

10 preventing crimes motivated by hate that result 

11 in acts of physical violence at school and any 

12 programs or published materials that address 

13 school based crime shall not recommend or re14 quire any action that abridges or infringes upon 

15 the constitutionally protected rights of free 

16 speech, religion, and equal protection of students, 

17 their parents, or legal guardians; 

18 ‘‘(M) testing students for illegal drug use or 

19 conducting student locker searches for illegal 

20 drugs or drug paraphernalia consistent with the 

21 4th amendment to the Constitution; 

22 ‘‘(N) emergency intervention services fol23 lowing traumatic crisis events, such as a shoot24 ing, major accident, or a drug-related incident, 

25 that has disrupted the learning environment; 


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1 ‘‘(O) establishing and implementing a sys2 tem for transferring suspension and expulsion 

3 records by a local educational agency to any 

4 public or private elementary or secondary school; 

5 ‘‘(P) allowing students attending a persist6 ently dangerous public elementary or secondary 

7 school, as determined by the State, or who be8 come a victim of a violent criminal offense, as 

9 defined by State law, while in or on the grounds 

10 of a public elementary school or secondary school 

11 that the student attends, to attend a safe public 

12 elementary or secondary school, within the local 

13 educational agency, including a public charter 

14 school, and allowing payment of reasonable 

15 transportation costs and tuition costs for such 

16 students; 

17 ‘‘(Q) the development and implementation 

18 of character education and training programs 

19 that reflect values, that take into account the 

20 views of parents or guardians of the student for 

21 whom the program is intended, which may in22 clude honesty, citizenship, courage, justice, re23 spect, personal responsibility, and trust24 worthiness; 


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1 ‘‘(R) establishing and maintaining a school 

2 violence hotline; 

3 ‘‘(S) activities to ensure students’ safe travel 

4 to and from school, including pedestrian and bi5 cycle safety education; and 

6 ‘‘(T) the evaluation of any of the activities 

7 authorized under this subsection and the collec8 tion of any data required by this part. 

9 ‘‘SEC. 5116. EVALUATION AND REPORTING. 

10 ‘‘(a) DATA COLLECTION.— 

11 ‘‘(1) IN GENERAL.—The National Center for 

12 Education Statistics shall report, and when appro13 priate, collect data to determine the frequency, seri14 ousness, and incidence of illegal drug use and violence 

15 by youth in schools and communities in the States, 

16 using if appropriate, data submitted by the States 

17 pursuant to subsection (b). 

18 ‘‘(2) REPORT.—The Secretary shall submit to the 

19 Congress a report on the data collected under this 

20 subsection. 

21 ‘‘(b) STATE REPORT.— 

22 ‘‘(1) IN GENERAL.—Not later than October 1, 

23 2004, and every third year thereafter, the chief execu24 tive officer of a State, in consultation with the State 

25 educational agency, shall submit to the Secretary a 


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1 report on the implementation and effectiveness of 

2 State and local programs under this subpart. 

3 ‘‘(2) SPECIAL RULE.—The report required by 

4 this subsection shall be— 

5 ‘‘(A) based on the State’s ongoing evalua6 tion activities, and shall include data on the 

7 prevalence of violence and illegal drug use by 

8 youth in schools and communities; and 

9 ‘‘(B) made available to the public upon re10 quest, with public notice of such availability pro11 vided. 

12 ‘‘(c) LOCAL EDUCATIONAL AGENCY REPORT.—Each 

13 local educational agency receiving funds under this subpart 

14 shall submit to the State such information, and at such in15 tervals as the State reasonably requires to complete the 

16 State report required by subsection (b), information on the 

17 prevalence of violence and illegal drug use by youth in the 

18 schools and the community and the progress of the local 

19 educational agency toward meeting its performance meas20 ures. The report shall be made available to the public upon 

21 request, with public notice of such availability provided. 

22 ‘‘Subpart 2—21st Century Schools 

23 ‘‘SEC. 5121. STATE ALLOTMENTS FOR 21ST CENTURY 

24 SCHOOLS. 

25 ‘‘(a) STATE ALLOTMENTS.— 


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1 ‘‘(1) IN GENERAL.—Except as provided in para2 graph (2), from the amount made available under sec3 tion 5003(2) to carry out this subpart for each fiscal 

4 year, the Secretary shall allocate among the States— 

5 ‘‘(A) one-half of such amount according to 

6 the ratio between the school-aged population of 

7 each State and the school-aged population of all 

8 the States; and 

9 ‘‘(B) one-half of such amount according to 

10 the ratio between the amount each State received 

11 under part A of title I for the preceding year 

12 and the sum of such amounts received by all the 

13 States. 

14 ‘‘(2) MINIMUM.—For any fiscal year, no State 

15 shall be allotted under this subsection an amount that 

16 is less than one-half of 1 percent of the total amount 

17 allotted to all the States under this subsection. 

18 ‘‘(b) REALLOTMENT OF UNUSED FUNDS.—If any State 

19 does not apply for an allotment under this subpart for a 

20 fiscal year, the Secretary shall reallot the amount of the 

21 State’s allotment to the remaining States in accordance 

22 with this section. 

23 ‘‘(c) STATE FUNDS.— 

24 ‘‘(1) IN GENERAL.—Each State that receives a 

25 grant under this subpart shall reserve an amount 


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1 equal to the amount allotted to such State under sub2 section (a), less the amount reserved under para3 graphs (2) and (3) of this subsection, for each fiscal 

4 year for its local educational agencies. 

5 ‘‘(2) STATE ADMINISTRATION.—A State may use 

6 not more than 1 percent of the amount made avail7 able under subsection (a) for the administrative costs 

8 of carrying out its responsibilities under this subpart. 

9 ‘‘(3) STATE ACTIVITIES.—A State may use not 

10 more than 4 percent of the amount made available 

11 under subsection (a) for the following activities: 

12 ‘‘(A) Monitoring and evaluation of pro13 grams and activities assisted under this subpart. 

14 ‘‘(B) Providing capacity building, training, 

15 and technical assistance under this subpart. 

16 ‘‘SEC. 5122. STATE APPLICATION. 

17 ‘‘(a) IN GENERAL.—In order to receive an allotment 

18 under section 5121(a) for any fiscal year, a State shall sub19 mit to the Secretary, at such time as the Secretary may 

20 require, an application that— 

21 ‘‘(1) designates the State educational agency as 

22 the agency responsible for the administration and su23 pervision of programs assisted under this subpart; 

24 ‘‘(2) describes the competitive procedures and 

25 criteria the State will use to ensure that grants under 


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1 this subpart will support quality extended learning 

2 opportunities; 

3 ‘‘(3) an assurance that the program will pri4 marily target schools eligible for schoolwide programs 

5 under section 1114; 

6 ‘‘(4) describes the steps the State will take to en7 sure that programs implement effective strategies, in8 cluding providing ongoing technical assistance and 

9 training, evaluation, and dissemination of promising 

10 practices; 

11 ‘‘(5) describe how activities funded under this 

12 subpart will support State academic achievement 

13 goals in accordance with section 1111; 

14 ‘‘(6) describe how funds under this subpart will 

15 be coordinated with programs under this Act, and 

16 other programs; as appropriate, in accordance with 

17 the provisions of section 8306; 

18 ‘‘(7) provides an assurance that funds under this 

19 subpart will be used to increase the level of State, 

20 local, and other non-Federal funds that would, in the 

21 absence of funds under this subpart, be made avail22 able for programs and activities authorized under this 

23 subpart; and in no case supplant such State, local, 

24 and other non-Federal funds: 


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1 ‘‘(8) provides an assurance that the application 

2 was developed in consultation and coordination with 

3 appropriate State officials, including the chief State 

4 school officer, the heads of the State health and mental 

5 health agencies or their designees, representatives of 

6 teachers, parents, students, the business community, 

7 and community-based organizations, including reli8 gious organizations; 

9 ‘‘(9) describes the results of the State’s needs and 

10 resources assessment for before and after school activi11 ties, which shall be based on the results of on-going 

12 State evaluation activities; 

13 ‘‘(10) describes how the State will evaluate the 

14 effectiveness of programs and activities carried out 

15 under this subpart which shall include at a min16 imum— 

17 ‘‘(A) a description of the performance indi18 cators and performance measures that will be 

19 used to evaluate programs and activities; and 

20 ‘‘(B) public dissemination of the evaluations 

21 of programs and activities carried out under this 

22 subpart; and 

23 ‘‘(11) provides for timely public notice of intent 

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1 tion will be available for public review after submis2 sion of the application. 

3 ‘‘(b) GENERAL APPROVAL.—A State application sub4 mitted pursuant to subsection (a) shall be deemed to be ap5 proved by the Secretary unless the Secretary makes a writ6 ten determination, prior to the expiration of the 90-day pe7 riod beginning on the date that the Secretary receives the 

8 application, that the application is in violation of this sub9 part. 

10 ‘‘(c) DISAPPROVAL.—The Secretary shall not finally 

11 disapprove a State application, except after giving the 

12 State notice and opportunity for a hearing. 

13 ‘‘SEC. 5123. COMPETITIVE GRANT PROGRAM. 

14 ‘‘(a) IN GENERAL.—A State that receives funds under 

15 this subpart shall provide the amount made available under 

16 section 5121 to eligible entities for 21st century community 

17 learning programs in accordance with this subpart. 

18 ‘‘(b) ELIGIBILITY.— 

19 ‘‘(1) IN GENERAL.—To be eligible to receive a 

20 subgrant under this subpart, an eligible entity desir21 ing a subgrant shall submit an application to the 

22 State that contains— 

23 ‘‘(A) a description of the before and after 

24 school activity to be funded including— 


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1 ‘‘(i) an assurance that the program 

2 will take place in a safe and easily acces3 sible facility; 

4 ‘‘(ii) a description of how students 

5 participating in the center will travel safely 

6 to and from the community learning center 

7 and back home; and 

8 ‘‘(iii) a description of how the eligible 

9 applicant will disseminate information 

10 about the project (including its location) to 

11 the community in a manner that is under12 standable and accessible. 

13 ‘‘(B) a description of how the activity is ex14 pected to improve student academic performance; 

15 ‘‘(C) a description of how the activity will 

16 meet the principles of effectiveness described in 

17 section 5124; 

18 ‘‘(D) an assurance that the program will 

19 primarily target students who attend schools eli20 gible for schoolwide programs under section 

21 1114; 

22 ‘‘(E) provides an assurance that funds 

23 under this subpart will be used to increase the 

24 level of State, local, and other non-Federal funds 

25 that would, in the absence of funds under this 


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1 subpart, be made available for programs and ac2 tivities authorized under this subpart; and in no 

3 case supplant such State, local, and other non4 Federal funds; 

5 ‘‘(F) a description of the partnership with 

6 local educational agency, a community-based or7 ganization, and another public entity or private 

8 organization, if appropriate; 

9 ‘‘(G) a certification that a meaningful as10 sessment has been conducted to determine com11 munity needs, available resources and capacity 

12 in the findings of such assessments, and a de13 scription of the mechanisms used to provide ef14 fective notice to the community of an intention 

15 to submit an application under this subpart; 

16 ‘‘(H) a description of the applicants experi17 ence, or promise of success, in providing edu18 cational or related activities that will com19 pliment and enhance the student’s academic 

20 achievement; 

21 ‘‘(I) an assurance that the applicant will 

22 develop a plan to continue the activity after 

23 funding under this subpart ends; 


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1 ‘‘(J) an assurance that the application and 

2 any waiver request will be available for public 

3 review after submission of the application; and 

4 ‘‘(K) such other information and assurances 

5 as the State may reasonably require. 

6 ‘‘(2) ELIGIBLE ENTITY.—An eligible entity under 

7 this subpart is a local educational agency, commu8 nity-based organization, and other public entity or 

9 private organization or a consortium of two or more 

10 of such groups. 

11 ‘‘(c) PEER REVIEW.—In reviewing local applications 

12 under this section, a State shall use a peer review process 

13 or other methods of assuring the quality of such applica14 tions. 

15 ‘‘(d) GEOGRAPHIC DIVERSITY.—To the extent prac16 ticable, a State shall distribute funds equitably among geo17 graphic areas within the State. 

18 ‘‘(e) DURATION OF AWARDS.—Grants under this sub19 part may be awarded for a period of not less than 3 years 

20 and not more than 5 years. 

21 ‘‘(f) AMOUNT OF AWARDS.—A grant awarded under 

22 this subpart may not be made in an amount of less than 

23 $50,000. 

24 ‘‘(g) PRIORITY.—In making awards under this sub25 part, the State shall give priority to applications submitted 


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1 by applicants proposing to target services to students who 

2 attend schools that have been identified as in need of im3 provement under section 1116. 

4 ‘‘(h) PERMISSIVE LOCAL MATCH.— 

5 ‘‘(1) IN GENERAL.—A State may require an eli6 gible entity to match funds awarded under this sub7 part, except that such match may not exceed the 

8 amount of the grant award. 

9 ‘‘(2) SLIDING SCALE.—The amount of a match 

10 under paragraph (1) shall be established based on a 

11 sliding fee scale that takes into account— 

12 ‘‘(A) the relative poverty of the population 

13 to be targeted by the eligible entity; and 

14 ‘‘(B) the ability of the eligible entity to ob15 tain such matching funds. 

16 ‘‘(3) CONSIDERATION.—Notwithstanding this 

17 subsection, a State shall not consider an eligible enti18 ty’s ability to match funds when determining which 

19 eligible entities will receive subgrants under this sub20 part. 

21 ‘‘SEC. 5124. LOCAL ACTIVITIES. 

22 ‘‘(a) PRINCIPLES OF EFFECTIVENESS.— 

23 ‘‘(1) IN GENERAL.—For a program or activity 

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1 ciples of effectiveness, such program or activity 

2 shall— 

3 ‘‘(A) be based upon an assessment of objec4 tive data regarding the need for before and after 

5 school programs and activities in such schools 

6 and communities; 

7 ‘‘(B) be based upon an established set of 

8 performance measures aimed at ensuring the 

9 availability of quality extended learning oppor10 tunities; and 

11 ‘‘(C) if appropriate, be based upon scientif12 ically based research that provides evidence that 

13 the program will help students meet State and 

14 local performance standards to be used. 

15 ‘‘(2) PERIODIC EVALUATION.—The program or 

16 activity shall undergo a periodic evaluation to assess 

17 its progress toward achieving its goal of providing 

18 quality extended learning opportunities. The results 

19 shall be used to refine, improve, and strengthen the 

20 program, and to refine the performance measures. The 

21 results shall also be made available to the public upon 

22 request, with public notice of such availability pro23 vided. 

24 ‘‘(3) WAIVER.—A local educational agency may 

25 apply to the State for a waiver of the requirement of 


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1 paragraph (1)(C) to allow innovative activities or 

2 programs that demonstrate substantial likelihood of 

3 success. 

4 ‘‘(b) SERVICES.—Each eligible entity that receives a 

5 subgrant under this subpart shall use such funds to establish 

6 or expand activities in community learning centers that— 

7 ‘‘(1) provide quality extended learning opportu8 nities to help students, particularly students who at9 tend low-performing schools, to meet State and local 

10 student performance standards in the core academic 

11 subjects, such as reading and mathematics; and 

12 ‘‘(2) provide students with additional activities, 

13 such as drug and violence prevention programs, art 

14 and music programs, technology education programs, 

15 recreational activity, and character education pro16 grams that are linked to, and reinforce, the regular 

17 academic program of schools those students attend. 

18 ‘‘(c) AUTHORIZED ACTIVITIES.—Each eligible entity 

19 that receives a subgrant under this subpart may use such 

20 funds to carry out activities, such as— 

21 ‘‘(1) before and after school activities that ad22 vance student achievement, including— 

23 ‘‘(A) remedial education activities and aca24 demic enrichment learning programs, including 

25 providing additional assistance to students in 


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1 order to allow them to improve their academic 

2 achievement; 

3 ‘‘(B) math and science education activities; 

4 ‘‘(C) arts and music education activities; 

5 ‘‘(D) entrepreneurial education programs; 

6 ‘‘(E) tutoring services (including those pro7 vided by senior citizen volunteers) and men8 toring programs; 

9 ‘‘(F) recreational activities; 

10 ‘‘(G) telecommunications and technology 

11 education programs; 

12 ‘‘(H) expanded library service hours; 

13 ‘‘(I) programs that promote parental in14 volvement; and 

15 ‘‘(J) programs that provide assistance to 

16 students who have been truant, suspended, or ex17 pelled to allow them to improve their academic 

18 achievement; and 

19 ‘‘(2) establishing or enhancing programs or ini20 tiatives that improve academic achievement. 

21 ‘‘(d) DEFINITION.—For the purpose of this section, a 

22 ‘community learning center’ is an entity that assists stu23 dents to meet State and local content and student perform24 ance standards in core academic subjects, such as reading 

25 and mathematics, by providing them with quality extended 


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1 learning opportunities and related activities (such as drug 

2 and violence-prevention programs, art and music pro3 grams, recreational programs, technology education pro4 grams, and character education programs) that are linked 

5 to, and reinforce, the regular academic program of schools 

6 attended by the students served and is operated by a local 

7 educational agency, community-based organization, other 

8 public entity or private organization or a consortium of 

9 two or more such groups. Community learning centers shall 

10 operate outside school hours, such as before or after school 

11 or when school is not in session. 

12 ‘‘Subpart 3—National Programs 

13 ‘‘SEC. 5131. FEDERAL ACTIVITIES. 

14 ‘‘(a) PROGRAM AUTHORIZED.— 

15 ‘‘(1) IN GENERAL.—From funds made available 

16 to carry out this part under section 5003(3), the Sec17 retary, in consultation with the Secretary of Health 

18 and Human Services, the Director of the Office of Na19 tional Drug Control Policy, and the Attorney Gen20 eral, shall evaluate the effectiveness of programs and 

21 activities that prevent violence and the illegal use of 

22 drugs by youth, that promote safety and discipline for 

23 students in elementary and secondary schools, and 

24 that provide before and after school supervision and 


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1 academic enrichment, based on the needs reported by 

2 States and local educational agencies. 

3 ‘‘(2) COORDINATION.—The Secretary shall carry 

4 out activities described in paragraph (1) directly, or 

5 through grants, contracts, or cooperative agreements 

6 with public and private nonprofit and for-profit orga7 nizations, and individuals, or through agreements 

8 with other Federal agencies, and shall coordinate such 

9 activities with other appropriate Federal activities. 

10 ‘‘(3) PROGRAMS.—Activities described in para11 graph (1) may include— 

12 ‘‘(A) demonstrations and rigorous scientif13 ically based evaluations of innovative approaches 

14 to drug and violence prevention and before and 

15 after school activities based on needs reported by 

16 State and local educational agencies; 

17 ‘‘(B) the provision of information on drug 

18 abuse education and prevention to the Secretary 

19 of Health and Human Services for dissemination 

20 by the clearinghouse for alcohol and drug abuse 

21 information established under section 501(d)(16) 

22 of the Public Health Service Act; 

23 ‘‘(C) the provision of information on vio24 lence prevention and school safety to the Attor25 ney General for dissemination; and 


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1 ‘‘(D) continuing technical assistance to chief 

2 executive officers, State agencies, and local edu3 cational agencies to build capacity to develop 

4 and implement high-quality, effective programs 

5 consistent with the principles of effectiveness. 

6 ‘‘(b) PEER REVIEW.—The Secretary shall use a peer 

7 review process in reviewing applications for funds under 

8 this section. 

9 ‘‘Subpart 4—Gun Possession 

10 ‘‘SEC. 5141. GUN-FREE SCHOOL REQUIREMENTS. 

11 ‘‘(a) REQUIREMENTS.— 

12 ‘‘(1) STATE LAW.—Each State receiving funds 

13 under this Act shall— 

14 ‘‘(A) have in effect a State law requiring 

15 each local educational agency to expel from 

16 school for a period of not less than one year a 

17 student who is determined to have possessed a 

18 firearm in or at a school or on school grounds 

19 under the jurisdiction of a local educational 

20 agency in that State, except that such State law 

21 shall allow the chief administering officer of such 

22 local educational agency to modify such expul23 sion requirement for a student on a case-by-case 

24 basis; and 


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1 ‘‘(B) require each local educational agency 

2 to adopt a policy requiring each elementary and 

3 secondary school to refer to the criminal justice 

4 or juvenile delinquency system any student who 

5 possesses a firearm in school. 

6 ‘‘(2) CONSTRUCTION.—Nothing in this part shall 

7 be construed to prevent a State from allowing a local 

8 educational agency that has expelled a student from 

9 such student’s regular school setting from providing 

10 educational services to such student in an alternative 

11 setting. 

12 ‘‘(b) REPORT TO STATE.—Each local educational 

13 agency requesting assistance from the State educational 

14 agency that is to be provided from funds made available 

15 to the State under this Act shall provide to the State, in 

16 the application requesting such assistance— 

17 ‘‘(1) an assurance that such local educational 

18 agency is in compliance with the requirements of sub19 section (a); and 

20 ‘‘(2) a description of the circumstances sur21 rounding incidents of possessions and any expulsions 

22 imposed under the State law required by subsection 

23 (a)(1), including— 

24 ‘‘(A) the name of the school concerned; 


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1 ‘‘(B) the number of students expelled from 

2 such school for firearm possession; and 

3 ‘‘(C) the type of firearm concerned. 

4 ‘‘(c) SPECIAL RULE.—The provisions of this section 

5 shall be construed in a manner consistent with the Individ6 uals with Disabilities Education Act. 

7 ‘‘(d) DEFINITIONS.—For the purpose of this subpart— 

8 ‘‘(1) the term ‘firearm’ has the same meaning 

9 given to such term under section 921(a)(3) of title 18, 

10 United States Code; and 

11 ‘‘(2) the term ‘school’ does not include a home 

12 school, regardless of whether a home school is treated 

13 as a private school under State law. 

14 ‘‘Subpart 5—General Provisions 

15 ‘‘SEC. 5151. DEFINITIONS. 

16 ‘‘For the purposes of this part, the following terms have 

17 the following meanings: 

18 ‘‘(1) BEFORE AND AFTER SCHOOL ACTIVITIES.— 

19 The term ‘before and after school activities’ means 

20 academic, recreational, and enrichment activities for 

21 school-age youth outside of the regular school hours or 

22 school year. 

23 ‘‘(2) CONTROLLED SUBSTANCE.—The term ‘con24 trolled substance’ means a drug or other substance 

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1 tion 202(c) of the Controlled Substances Act (21 

2 U.S.C. 812(c)). 

3 ‘‘(3) DRUG.—The term ‘drug’ includes controlled 

4 substances; the illegal use of alcohol and tobacco; and 

5 the harmful, abusive, or addictive use of substances, 

6 including inhalants and anabolic steroids. 

7 ‘‘(4) DRUG AND VIOLENCE PREVENTION.—The 

8 term ‘drug and violence prevention’ means— 

9 ‘‘(A) with respect to drugs, prevention, early 

10 intervention, rehabilitation referral, or education 

11 related to the illegal use of drugs; and 

12 ‘‘(B) with respect to violence, the promotion 

13 of school safety, such that students and school 

14 personnel are free from violent and disruptive 

15 acts, on school premises, going to and from 

16 school, and at school-sponsored activities, 

17 through the creation and maintenance of a school 

18 environment that is free of weapons and fosters 

19 individual responsibility and respect for the 

20 rights of others. 

21 ‘‘(5) NONPROFIT.—The term ‘nonprofit,’ as ap22 plied to a school, agency, organization, or institution 

23 means a school, agency, organization, or institution 

24 owned and operated by one or more nonprofit cor25 porations or associations, no part of the net earnings 


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1 of which inures, or may lawfully inure, to the benefit 

2 of any private shareholder or individual. 

3 ‘‘(6) SCHOOL-AGED POPULATION.—The term 

4 ‘school-aged population’ means the population aged 5 

5 through 17, as determined by the Secretary on the 

6 basis of the most recent satisfactory data available 

7 from the Department of Commerce. 

8 ‘‘(7) SCHOOL BASED MENTAL HEALTH SERVICES

9 PROVIDER.—The term ‘school based mental health 

10 services provider’ includes a State licensed or State 

11 certified school counselor, school psychologist, school 

12 social worker, or other State licensed or certified men13 tal health professional qualified under State law to 

14 provide such services to children and adolescents. 

15 ‘‘(8) SCHOOL PERSONNEL.—The term ‘school 

16 personnel’ includes teachers, principals, administra17 tors, guidance counselors, social workers, psycholo18 gists, nurses, librarians, and other support staff who 

19 are employed by a school or who perform services for 

20 the school on a contractual basis. 

21 ‘‘(9) STATE.—The term ‘State’ means each of the 

22 50 States, the District of Columbia, and the Common23 wealth of Puerto Rico. 


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1 ‘‘SEC. 5152. MESSAGE AND MATERIALS. 

2 ‘‘(a) ‘WRONG AND HARMFUL’ MESSAGE.—Drug pre3 vention programs supported under this title shall convey 

4 a clear and consistent message that the illegal use of drugs 

5 is wrong and harmful. 

6 ‘‘(b) CURRICULUM.—The Secretary shall not prescribe 

7 the use of specific curricula for programs supported under 

8 this part. 

9 ‘‘SEC. 5153. PARENTAL CONSENT. 

10 ‘‘Upon receipt of written notification from the parents 

11 or legal guardians of a student, the local educational agency 

12 shall withdraw such student from any program or activity 

13 funded under this title. The local educational agency shall 

14 make reasonable efforts to inform parents or legal guardians 

15 of the content of such programs or activities funded under 

16 this title, other than classroom instruction. 

17 ‘‘SEC. 5154. PROHIBITED USES OF FUNDS. 

18 ‘‘No funds under this part may be used for— 

19 ‘‘(1) construction (except for minor remodeling 

20 needed to accomplish the purposes of this part); or 

21 ‘‘(2) medical services, drug treatment or rehabili22 tation, except for pupil services or referral to treat23 ment for students who are victims of, or witnesses to, 

24 use of drugs or crime. 


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1 ‘‘PART B—ENHANCING EDUCATION THROUGH 

2 TECHNOLOGY 

3 ‘‘SEC. 5201. SHORT TITLE. 

4 ‘‘This part may be cited as the ‘Enhancing Education 

5 Through Technology Act of 2001’. 

6 ‘‘SEC. 5202. PURPOSES. 

7 ‘‘The purposes of this part are as follows: 

8 ‘‘(1) To provide assistance to States and local9 ities for implementing innovative technology initia10 tives that lead to increased student academic achieve11 ment and that may be evaluated for effectiveness and 

12 replicated if successful. 

13 ‘‘(2) To encourage the establishment or expan14 sion of initiatives, including those involving public15 private partnerships, designed to increase access to 

16 technology, particularly in high-need local edu17 cational agencies. 

18 ‘‘(3) To assist States and localities in the acqui19 sition, development, interconnection, implementation, 

20 improvement, and maintenance of an effective edu21 cational technology infrastructure in a manner that 

22 expands access to technology for students (particu23 larly for disadvantaged students) and teachers. 

24 ‘‘(4) To promote initiatives that provide school 

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1 riculum that is aligned with challenging State aca2 demic content and student academic achievement 

3 standards, through such means as high quality profes4 sional development programs. 

5 ‘‘(5) To enhance the ongoing professional devel6 opment of teachers, principals, and administrators by 

7 providing constant access to updated research in 

8 teaching and learning via electronic means. 

9 ‘‘(6) To support the development of electronic 

10 networks and other innovative methods, such as dis11 tance learning, of delivering challenging courses and 

12 curricula for students who would otherwise not have 

13 access to such courses and curricula, particularly in 

14 geographically remote regions. 

15 ‘‘(7) To support the rigorous evaluation of pro16 grams funded under this part, particularly the im17 pact of such initiatives on student academic perform18 ance, and ensure that timely information on the re19 sults of such evaluations is widely accessible through 

20 electronic means. 

21 ‘‘(8) To support local efforts for the use of tech22 nology to promote parent and family involvement in 

23 education and communication among students, par24 ents, teachers, principals, and administrators. 


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1 ‘‘SEC. 5203. AUTHORIZATION OF APPROPRIATIONS; FUND2 ING RULE. 

3 ‘‘(a) IN GENERAL.—There are authorized to be appro4 priated— 

5 ‘‘(1) to carry out subparts 1 and 2 of this part— 

6 ‘‘(A) $1,000,000,000 for fiscal year 2002; 

7 and 

8 ‘‘(B) such sums as may be necessary for 

9 each of fiscal years 2003 through 2006; and 

10 ‘‘(2) to carry out subpart 3 of this part— 

11 ‘‘(A) $24,500,000 for fiscal year 2002; and 

12 ‘‘(B) such sums as may be necessary for 

13 each of fiscal years 2003 through 2006. 

14 ‘‘(b) ALLOCATION OF FUNDS BETWEEN NATIONAL AND

15 STATE AND LOCAL INITIATIVES.—The amount of funds 

16 made available under subsection (a) shall be allocated as 

17 follows: 

18 ‘‘(1) Not less than 95 percent shall be made 

19 available for State and local technology initiatives 

20 under subpart 1. 

21 ‘‘(2) Not more than 5 percent may be made 

22 available for activities of the Secretary under subpart 

23 2, of which not more than $15,000,000 may be used 

24 for the study required by section 5221(a)(1). 

25 ‘‘SEC. 5204. DEFINITIONS. 

26 ‘‘In this part: 


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1 ‘‘(1) The term ‘distance learning’ means the 

2 transmission of educational or instructional program3 ming to geographically dispersed individuals and 

4 groups via telecommunications. 

5 ‘‘(2) The term ‘eligible local entity’ means— 

6 ‘‘(A) a high-need local educational agency; 

7 or 

8 ‘‘(B) an eligible local partnership. 

9 ‘‘(3) The term ‘eligible local partnership’ means 

10 a partnership that includes at least one high-need 

11 local educational agency and at least one— 

12 ‘‘(A) local educational agency that can dem13 onstrate that teachers in schools served by that 

14 agency are effectively integrating technology and 

15 proven teaching practices into instruction, based 

16 on scientifically based research, that result in 

17 improvement in— 

18 ‘‘(i) classroom instruction in the core 

19 academic subject areas; and 

20 ‘‘(ii) the preparation of students to 

21 meet challenging State academic content 

22 and student academic achievement stand23 ards; 

24 ‘‘(B) institution of higher education that is 

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1 ments of section 207(f) of the Higher Education 

2 Act of 1965 (20 U.S.C. 1027(f)) and that has not 

3 been identified by its State as low-performing 

4 under section 208 of such Act (20 U.S.C. 1028); 

5 ‘‘(C) for-profit business or organization that 

6 develops, designs, manufactures, or produces 

7 technology products or services, or has substan8 tial expertise in the application of technology; or 

9 ‘‘(D) public or private nonprofit organiza10 tion with demonstrated experience in the appli11 cation of educational technology. 

12 ‘‘(4) The term ‘high-need local educational agen13 cy’ means a local educational agency that— 

14 ‘‘(A) is among the local educational agen15 cies in the State with the highest numbers or 

16 percentages of children from families with in17 comes below the poverty line, as defined by the 

18 Office of Management and Budget and revised 

19 annually in accordance with section 673(2) of 

20 the Community Services Block Grant Act (42 

21 U.S.C. 9902(2)); 

22 ‘‘(B) includes one or more schools identified 

23 under section 1116; and 

24 ‘‘(C) has a substantial need for assistance 

25 in acquiring and using technology. 


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1 ‘‘Subpart 1—State and Local Technology for Success 

2 Grants 

3 ‘‘SEC. 5211. DETERMINATION OF AMOUNT OF STATE ALLOT4 MENT. 

5 ‘‘(a) IN GENERAL.—Except as otherwise provided in 

6 this subpart, each State shall be eligible to receive a grant 

7 under this subpart for a fiscal year in an allotment deter8 mined as follows: 

9 ‘‘(1) 50 percent shall bear the same relationship 

10 to the amount made available under section 

11 5203(b)(1) for such year as the amount such State re12 ceived under part A for title I for such year bears to 

13 the amount received for such year under such part by 

14 all States. 

15 ‘‘(2) 50 percent shall be determined on the basis 

16 of the State’s relative population of individuals age 5 

17 through 17, as determined by the Secretary on the 

18 basis of the most recent satisfactory data. 

19 ‘‘(b) RESERVATION OF FUNDS FOR BUREAU OF INDIAN

20 AFFAIRS AND OUTLYING AREAS.—Of the amount made 

21 available to carry out this subpart under section 5203(b)(1) 

22 for a fiscal year— 

‘‘(1) the Secretary shall reserve 1 23 ⁄2 of 1 percent 

24 for the Secretary of the Interior for programs under 

25 this subpart for schools operated or funded by the Bu26 reau of Indian Affairs; and 


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‘‘(2) the Secretary shall reserve 1 1 ⁄2 of 1 percent 

2 to provide assistance under this subpart to the out3 lying areas. 

4 ‘‘(c) MINIMUM ALLOTMENT.—The amount of any 

5 State’s allotment under subsection (a) for any fiscal year 

may not be less than 1 6 ⁄2 of 1 percent of the amount made 

7 available under section 5203(b)(1) for such year. 

8 ‘‘(d) REALLOTMENT OF UNUSED FUNDS.—If any 

9 State does not apply for an allotment under this subpart 

10 for a fiscal year, or does not use its entire allotment for 

11 that fiscal year, the Secretary shall reallot the amount of 

12 the State’s allotment, or the unused portion thereof, to the 

13 remaining States in accordance with this section. 

14 ‘‘SEC. 5212. USE OF ALLOTMENT BY STATE. 

15 ‘‘(a) IN GENERAL.—Of the amount provided to a State 

16 from its allotment under section 5211— 

17 ‘‘(1) the State may use not more than 5 percent 

18 to carry out activities under section 5215; and 

19 ‘‘(2) subject to subsection (b), not less than 95 

20 percent shall be distributed by the State as follows: 

21 ‘‘(A) 60 percent of such amount shall— 

22 ‘‘(i) be awarded to local educational 

23 agencies that have submitted applications to 

24 the State under section 5214 (which, in the 

25 case of a local educational agency that is an 


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1 eligible local entity, may be combined with 

2 an application for funds awarded under 

3 subparagraph (B)), in an amount that 

4 bears the same relationship to the amount 

5 made available under section 5211(a) for 

6 such year as the amount such local edu7 cational agency received under part A of 

8 title I for such year bears to the amount re9 ceived for such year under such part by all 

10 local educational agencies within the State; 

11 and 

12 ‘‘(ii) be used for the activities described 

13 in section 5216. 

14 ‘‘(B) 40 percent of such amount shall be 

15 awarded through a State-determined competitive 

16 process to eligible local entities that have sub17 mitted applications to the State under section 

18 5214 (which, in the case of an eligible local enti19 ty that is a local educational agency, may be 

20 combined with an application for funds provided 

21 under subparagraph (A)), to be used to carry out 

22 activities consistent with activities described in 

23 section 5216. 

24 ‘‘(b) CONTINUATION OF AWARDS.—Notwithstanding 

25 section 3 of the No Child Left Behind Act of 2001, a State 


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1 shall make continuation awards on multiyear grants 

2 awarded by the State under section 3132(a)(2) (as in effect 

3 on the day preceding the date of enactment of such Act) 

4 from the funds described in subsection (a)(2) for the shorter 

5 of— 

6 ‘‘(1) the duration of the original grant period; or 

7 ‘‘(2) two years after the date of enactment of 

8 such Act. 

9 ‘‘SEC. 5213. STATE APPLICATIONS. 

10 ‘‘(a) IN GENERAL.—To be eligible to receive a grant 

11 under this subpart, a State shall submit an application to 

12 the Secretary containing a new or updated statewide, long13 range strategic educational technology plan (which shall 

14 consider the educational technology needs of local edu15 cational agencies), and such other information as the Sec16 retary may reasonably require, at such time and in such 

17 manner as the Secretary may specify. 

18 ‘‘(b) CONTENTS.—Each State application submitted 

19 under this section shall include the following: 

20 ‘‘(1) A description of how the State will use 

21 funds provided under this subpart to improve the aca22 demic achievement of all students and to improve the 

23 capacity of all teachers to provide instruction in the 

24 State through the use of education technology. 


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1 ‘‘(2) A description of the State’s goals for using 

2 advanced technology to improve student achievement 

3 aligned to challenging State academic content and 

4 student academic achievement standards. 

5 ‘‘(3) A description of how the State will take 

6 steps (including through public and private partner7 ships) to ensure that all students and teachers in the 

8 State, particularly those residing or teaching in dis9 tricts served by high-need local educational agencies, 

10 will have increased access to educational technology. 

11 ‘‘(4) A description of— 

12 ‘‘(A) how the State will ensure that ongoing 

13 integration of technology into instructional strat14 egies and school curricula in all schools in the 

15 State so that technology will be fully integrated 

16 into those schools by December 31, 2006; and 

17 ‘‘(B) the process and accountability meas18 ures the State will use for the evaluation of such 

19 integration, including whether such integra20 tion— 

21 ‘‘(i) has increased the ability of teach22 ers to teach effectively; and 

23 ‘‘(ii) has enabled students to meet chal24 lenging State academic content and student 

25 academic achievement standards. 


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1 ‘‘(5) A description of how the State will encour2 age the development and utilization of innovative 

3 strategies for the delivery of specialized or rigorous 

4 academic courses and curricula through the use of 

5 technology and distance learning, particularly for 

6 those areas of the State that would not otherwise have 

7 access to such courses and curricula due to geo8 graphical isolation or insufficient resources. 

9 ‘‘(6) An assurance that financial assistance pro10 vided under this subpart shall supplement, not sup11 plant, State and local funds. 

12 ‘‘(7) A description of how the State will ensure 

13 that every teacher and principal within a school 

14 funded under this subpart will be computer-literate 

15 and proficient (as determined by the State) by De16 cember 31, 2006. 

17 ‘‘(8) A description of how the State will ensure 

18 that each grant under section 5212(a)(2)(B) to an eli19 gible local applicant is of sufficient duration, size, 

20 scope, and quality to carry out the purposes of this 

21 part effectively. 

22 ‘‘(9) A description of how the State educational 

23 agency will provide technical assistance to eligible 

24 local applicants, and its capacity for providing such 


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1 assistance, including developing public and private 

2 partnerships under this part. 

3 ‘‘(c) DEEMED APPROVAL.—A State application sub4 mitted to the Secretary under this section shall be deemed 

5 to be approved by the Secretary unless the Secretary makes 

6 a written determination, prior to the expiration of the 90- 

7 day period that begins on the date the Secretary receives 

8 the complete application, that the application does not rea9 sonably meet the purposes of this subpart. 

10 ‘‘(d) DISAPPROVAL.—The Secretary may issue a final 

11 disapproval of a State’s application under this subpart 

12 only after giving the State notice and an opportunity for 

13 a hearing. 

14 ‘‘(e) DISSEMINATION OF INFORMATION ON STATE AP15 PLICATIONS.—The Secretary shall make information on 

16 State applications under this subpart widely available to 

17 schools and the general public, including through dissemi18 nation on the Internet, in a timely and user-friendly man19 ner. 

20 ‘‘SEC. 5214. LOCAL APPLICATIONS. 

21 ‘‘(a) IN GENERAL.—An applicant seeking to receive 

22 funds from a State under this subpart shall submit to the 

23 State an application containing a new or updated long24 range local strategic educational technology plan consistent 

25 with the objectives of the statewide education technology 


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1 plan described in section 5213(a), and such other informa2 tion as the State may reasonably require, at such time, and 

3 in such manner as the State may specify. 

4 ‘‘(b) CONTENTS OF LOCAL APPLICATION.—Each local 

5 application described in this section shall include the fol6 lowing: 

7 ‘‘(1) A description of how the applicant will use 

8 Federal funds provided under this subpart to improve 

9 the academic achievement of all students and to im10 prove the capacity of all teachers to provide instruc11 tion through the use of education technology. 

12 ‘‘(2) A description of the applicant’s specific 

13 goals for using advanced technology to improve stu14 dent achievement aligned to challenging State aca15 demic content and student academic achievement 

16 standards. 

17 ‘‘(3) A description of— 

18 ‘‘(A) how the applicant will take steps to 

19 ensure that all students and teachers in schools 

20 served by the local educational agency (particu21 larly those in high-poverty and high-need 

22 schools) have increased access to educational 

23 technology; and 


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1 ‘‘(B) how such technology will be used to 

2 improve the academic achievement for such stu3 dents. 

4 ‘‘(4) A description of how the applicant will pro5 mote— 

6 ‘‘(A) the utilization of teaching strategies 

7 and curricula, based on scientifically based re8 search, which effectively integrate technology into 

9 instruction, leading to improvements in student 

10 academic achievement as measured by chal11 lenging State academic content and student aca12 demic achievement standards; and 

13 ‘‘(B) sustained and intensive, high-quality 

14 professional development consistent with section 

15 2033 (as applicable), based on scientifically 

16 based research, which increases teacher and prin17 cipal capacity to create improved learning envi18 ronments through the integration of technology 

19 into instruction through proven strategies and 

20 improved content as described in subparagraph 

21 (A). 

22 ‘‘(5) A description of how the applicant will in23 tegrate technology across the curriculum and a time 

24 line for such integration, including a description of 

25 how the applicant will make effective use of new and 


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1 emerging technologies and teaching practices that are 

2 linked to such emerging technologies to provide chal3 lenging content and improved classroom instruction. 

4 ‘‘(6) A description of how the applicant will co5 ordinate education technology activities funded under 

6 this subpart, including professional development, with 

7 any such activities provided under other Federal, 

8 State, and local programs, including those authorized 

9 under title I, title II, title IV, and the Individuals 

10 with Disabilities Education Act (20 U.S.C. 1400 et 

11 seq.) and the Carl D. Perkins Vocational and Tech12 nical Education Act of 1998 (20 U.S.C. 2301 et seq.). 

13 ‘‘(7) A description of the accountability measures 

14 and process the applicant will use for the evaluation 

15 of the extent to which funds provided under this sub16 part were effective in integrating technology into 

17 school curriculum, increasing the ability of teachers to 

18 teach, and enabling students to meet challenging State 

19 academic content and student academic achievement 

20 standards. 

21 ‘‘(8) A description of how the applicant will en22 courage the development and utilization of innovative 

23 strategies for the delivery of specialized or rigorous 

24 academic courses and curricula through the use of 

25 technology and distance learning, particularly for 


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1 those areas that would not otherwise have access to 

2 such courses and curricula due to geographical isola3 tion or insufficient resources. 

4 ‘‘(9) A description of what steps the applicant 

5 has taken, or will take, to comply with section 

6 5205(a)(1). 

7 ‘‘(10) If requested by the State— 

8 ‘‘(A) a description of how the applicant will 

9 use funds provided under this subpart in a man10 ner that is consistent with any statewide edu11 cation technology priorities that may be estab12 lished by the State consistent with this subpart; 

13 and 

14 ‘‘(B) an assurance that any technology ob15 tained with funds provided under this subpart 

16 will have compatibility and interconnectivity 

17 with technology obtained with funds provided 

18 previously under title III (as in effect on the day 

19 preceding the date of enactment of the No Child 

20 Left Behind Act of 2001), as appropriate. 

21 ‘‘SEC. 5215. STATE ACTIVITIES. 

22 ‘‘(a) IN GENERAL.—From funds made available under 

23 section 5212(a)(1), a State shall carry out activities and 

24 assist local efforts to carry out the purposes of this subpart, 

25 which may include the following activities: 


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1 ‘‘(1) Developing, or assisting applicants in the 

2 development and utilization of, innovative strategies 

3 to deliver rigorous academic programs through the use 

4 of technology and distance learning, and providing 

5 other technical assistance to such applicants through6 out the State, with a priority to high-need local edu7 cational agencies. 

8 ‘‘(2) Establishing or supporting public-private 

9 initiatives, such as interest-free or reduced-cost loans 

10 for the acquisition of educational technology for high11 need local educational agencies and students attend12 ing schools served by such agencies. 

13 ‘‘(3) Assisting applicants in providing sustained 

14 and intensive, high-quality professional development 

15 based on scientifically based research in the integra16 tion of advanced technologies (including emerging 

17 technologies) into curriculum and in using those tech18 nologies to create new learning environments, includ19 ing training in the use of technology to— 

20 ‘‘(A) access data and resources to develop 

21 curricula and instructional materials; 

22 ‘‘(B) enable teachers— 

23 ‘‘(i) to use the Internet to communicate 

24 with parents, other teachers, principals, and 

25 administrators; and 


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1 ‘‘(ii) to retrieve Internet-based learning 

2 resources; and 

3 ‘‘(C) lead to improvements in classroom in4 struction in the core academic subject areas, 

5 which effectively prepare students to meet chal6 lenging State academic content and student aca7 demic achievement standards. 

8 ‘‘(4) Assisting applicants in providing all stu9 dents (including students with disabilities and stu10 dents with limited English proficiency) and teachers 

11 with access to educational technology. 

12 ‘‘(5) Establishing or expanding access to tech13 nology in areas served by high-need local educational 

14 agencies, with special emphasis on access provided 

15 through technology centers in partnership with librar16 ies and with the support of the private sector. 

17 ‘‘(6) Developing enhanced performance measure18 ment systems to determine the effectiveness of edu19 cation technology programs funded under this sub20 part, particularly in determining the extent to which 

21 education technology funded under this subpart has 

22 been successfully integrated into teaching strategies 

23 and school curriculum, has increased the ability of 

24 teachers to teach, and has enabled students to meet 


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1 challenging State academic content and student aca2 demic achievement standards. 

3 ‘‘(7) Collaborating with other States on distance 

4 learning, including making advanced courses avail5 able to students who would otherwise not have access 

6 to such courses. 

7 ‘‘(b) LIMITATION ON ADMINISTRATIVE COSTS.—Of the 

8 5 percent of the State’s allotment under section 5211 which 

9 may be used to carry out activities under this section, not 

10 more than 40 percent may be used by the State for adminis11 trative costs. 

12 ‘‘SEC. 5216. LOCAL ACTIVITIES. 

13 ‘‘(a) PROFESSIONAL DEVELOPMENT.—A recipient of 

14 funds made available under section 5212(a)(2)(A) shall use 

15 not less than 20 percent of such funds to provide sustained 

16 and intensive, high-quality professional development, con17 sistent with section 2033 (as applicable), based on scientif18 ically based research in the integration of advanced tech19 nologies (including emerging technologies) into curriculum 

20 and in using those technologies to create new learning envi21 ronments, including professional development in the use of 

22 technology to— 

23 ‘‘(1) access data and resources to develop cur24 ricula and instructional materials; 

25 ‘‘(2) enable teachers— 


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1 ‘‘(i) to use the Internet to communicate 

2 with parents, other teachers, principals, and ad3 ministrators; and 

4 ‘‘(ii) to retrieve Internet-based learning re5 sources; and 

6 ‘‘(3) lead to improvements in classroom instruc7 tion in the core academic subject areas, which effec8 tively prepare students to meet challenging State aca9 demic content and student academic achievement 

10 standards. 

11 ‘‘(b) WAIVER.—Subsection (a) does not apply to a re12 cipient of funds under section 5212(a)(2)(A) that dem13 onstrates, to the satisfaction of the State, that such recipient 

14 already provides sustained and intensive, high-quality pro15 fessional development based on scientifically based research 

16 in the integration of technology (including emerging tech17 nologies) into the curriculum. 

18 ‘‘(c) OTHER ACTIVITIES.—In addition to the activities 

19 described in subsection (a), a recipient of funds distributed 

20 by a State under section 5212(a)(2)(A) shall use such funds 

21 to carry out other activities consistent with this subpart, 

22 which may include the following: 

23 ‘‘(1) Adapting or expanding existing and new 

24 applications of technology to enable teachers to in25 crease student academic achievement through the use 


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1 of teaching practices and advanced technologies that 

2 are based on scientifically based research and are de3 signed to prepare students to meet challenging State 

4 academic content and student academic achievement 

5 standards, and for developing and utilizing innova6 tive strategies to deliver rigorous academic programs. 

7 ‘‘(2) Expanding, acquiring, implementing, ap8 plying, and maintaining education technology as a 

9 means to improve the academic achievement of all 

10 students. 

11 ‘‘(3) The establishment or expansion of initia12 tives, particularly those involving public-private part13 nerships, designed to increase access to technology for 

14 students and teachers, with special emphasis on the 

15 access of high-need local educational agencies to tech16 nology. 

17 ‘‘(4) Using technology to promote parent and 

18 family involvement, and support communications be19 tween students, parents, and teachers. 

20 ‘‘(5) Acquiring proven and effective curricula 

21 that include integrated technology and are designed to 

22 help students achieve challenging State academic con23 tent and student academic achievement standards. 

24 ‘‘(6) Using technology to collect, manage, and 

25 analyze data to inform school improvement efforts. 


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1 ‘‘(7) Implementing enhanced performance meas2 urement systems to determine the effectiveness of edu3 cation technology programs funded under this sub4 part, particularly in determining the extent to which 

5 education technology funded under this subpart has 

6 been successfully integrated into teaching strategies 

7 and school curriculum, has increased the ability of 

8 teachers to teach, and has enabled students to meet 

9 challenging State academic content and student aca10 demic achievement standards. 

11 ‘‘(8) Preparing one or more teachers in elemen12 tary and secondary schools as technology leaders who 

13 are provided with the means to serve as experts and 

14 train other teachers in the effective use of technology. 

15 ‘‘(9) Establishing or expanding access to tech16 nology in areas served by high-need local educational 

17 agencies, with special emphasis for access provided 

18 through technology centers in partnership with librar19 ies and with the support of the private sector. 

20 ‘‘Subpart 2—National Technology Activities 

21 ‘‘SEC. 5221. NATIONAL ACTIVITIES. 

22 ‘‘(a) IN GENERAL.—Using funds made available under 

23 section 5203(b)(2), the Secretary— 

24 ‘‘(1) shall— 


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1 ‘‘(A) conduct an independent, long-term 

2 study, utilizing scientifically based research 

3 methods and control groups, on the effect of edu4 cational technology on improving student aca5 demic achievement; 

6 ‘‘(B) include in the study an identification 

7 of uses of educational technology (including how 

8 teachers can integrate technology into the cur9 ricula) that have a measurable positive impact 

10 on student achievement; 

11 ‘‘(C) establish an independent review panel 

12 to advise the Secretary on methodological and 

13 other issues that arise in conducting this long14 term study; and 

15 ‘‘(D) submit to the Congress interim re16 ports, when appropriate, and a final report, to 

17 be submitted not later than 6 months before the 

18 end of fiscal year 2006, on the findings of the 

19 study; 

20 ‘‘(2) may fund national technology initiatives 

21 that are supported by scientifically based research 

22 and utilize technology in education, through the com23 petitive award of grants or contracts, pursuant to a 

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1 cation, public agencies, and private nonprofit or for2 profit agencies; and 

3 ‘‘(3) may provide technical assistance (directly 

4 or through the competitive award of grants or con5 tracts) to States, local educational agencies, and other 

6 recipients of funds under this part in order to assist 

7 such States, local educational agencies, and other re8 cipients to achieve the purposes of this part. 

9 ‘‘(b) NATIONAL TECHNOLOGY INITIATIVES.— 

10 ‘‘(1) USE OF FUNDS.—In funding national tech11 nology initiatives under subsection (a)(2), the Sec12 retary— 

13 ‘‘(A) shall place a priority on projects 

14 that— 

15 ‘‘(i) develop innovative models using 

16 electronic networks or other forms of dis17 tance learning to provide challenging 

18 courses that are otherwise not readily avail19 able to students in a particular school dis20 trict, particularly in rural areas; or 

21 ‘‘(ii) increase access to technology to 

22 students served by high-need local edu23 cational agencies; and 

24 ‘‘(B) shall, in order to identify effective uses 

25 of educational technology that have a measurable 


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1 positive impact on student achievement and as 

2 specified in paragraph (3)— 

3 ‘‘(i) develop tools and provide resources 

4 and support, including technical assistance, 

5 for recipients of funds under subsection 

6 (a)(2) to effectively evaluate their activities; 

7 and 

8 ‘‘(ii) disseminate the evaluations made 

9 under paragraph (2)(A)(ii). 

10 ‘‘(2) REQUIREMENTS FOR RECIPIENTS OF

11 FUNDS.— 

12 ‘‘(A) APPLICATION.—In order to receive a 

13 grant or contract under subsection (a)(2), an en14 tity shall submit an application to the Secretary 

15 (at such time and in such form as the Secretary 

16 may require), and shall include in the applica17 tion— 

18 ‘‘(i) a description of the project pro19 posed to be carried out with the grant or 

20 contract and how it would carry out the 

21 purposes of subsection (a)(2); and 

22 ‘‘(ii) a detailed plan for an inde23 pendent evaluation, supported by scientif24 ically based research principles, of the 

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1 demic achievement of students served under 

2 such project, as measured by challenging 

3 State academic content and student aca4 demic achievement standards. 

5 ‘‘(B) NON-FEDERAL SHARE.— 

6 ‘‘(i) IN GENERAL.—Subject to clauses 

7 (ii) and (iii), the Secretary may require 

8 any recipient of a grant or contract under 

9 subsection (a)(2) to share in the cost of the 

10 activities assisted under such grant or con11 tract, which may be in the form of cash or 

12 in-kind contributions, fairly valued. 

13 ‘‘(ii) INCREASE.—The Secretary may 

14 increase the non-Federal share required of a 

15 recipient of a grant or contract under sub16 section (a)(2) after the first year such re17 cipient receives funds under such grant or 

18 contract. 

19 ‘‘(iii) MAXIMUM.—The non-Federal 

20 share required under this subsection may 

21 not exceed 50 percent of the cost of the ac22 tivities assisted under a grant or contract 

23 under this subpart. 

24 ‘‘(iv) NOTICE.—The Secretary shall 

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1 Federal share required under this subpara2 graph. 

3 ‘‘(3) EVALUATION AND DISSEMINATION.—The 

4 Secretary shall make information on each project 

5 funded with a grant or contract under subsection 

6 (a)(2) widely available to schools and the general 

7 public, including through dissemination on the Inter8 net, in a timely and user-friendly manner. This in9 formation shall, at a minimum, include— 

10 ‘‘(A) upon the awarding of such a grant or 

11 contract under subsection (a)(2), the identifica12 tion of the grant or contract recipient, the 

13 amount of the grant or contract, the stated goals 

14 of the grant or contract, the methods by which 

15 the grant or contract will be evaluated in meet16 ing such stated goals, and the timeline for meet17 ing such goals; 

18 ‘‘(B) not later than 3 months after the com19 pletion of the first year of the project period, in20 formation on the progress of the grant or con21 tract recipient in carrying out the grant or con22 tract, including a detailed description of the use 

23 of the funds provided, the extent to which the 

24 stated goals have been reached, and the results 

25 (or progress of) the evaluation of the project; and 


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1 ‘‘(C) not later than 3 months after the com2 pletion of the second year of the project period 

3 (and updated thereafter as appropriate), a fol4 lowup to the information described in subpara5 graph (B). 

6 ‘‘Subpart 3—Ready to Learn, Ready to Teach 

7 ‘‘SEC. 5231. READY TO LEARN TELEVISION. 

8 ‘‘(a) PROGRAM AUTHORIZED.— 

9 ‘‘(1) IN GENERAL.—The Secretary shall award 

10 grants to or enter into contracts or cooperative agree11 ments with eligible entities described in paragraph 

12 (3) to— 

13 ‘‘(A) develop, produce, and distribute edu14 cational and instructional video programming 

15 for preschool and elementary school children and 

16 their parents in order to facilitate student aca17 demic achievement; 

18 ‘‘(B) facilitate the development (directly or 

19 through contracts with producers of children and 

20 family educational television programming) of 

21 educational programming for preschool and ele22 mentary school children and accompanying sup23 port materials and services that directly promote 

24 the effective use of such programming; 


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1 ‘‘(C) facilitate the development of program2 ming and digital content especially designed for 

3 nationwide distribution over digital broadcasting 

4 channels and the Internet, containing Ready to 

5 Learn-based children’s programming and re6 sources for parents and caregivers; 

7 ‘‘(D) enable such entities to contract with 

8 other entities (such as public telecommunications 

9 entities) so that programs under this section are 

10 disseminated and distributed by the most appro11 priate distribution technologies to the widest pos12 sible audience appropriate to be served by the 

13 programming; and 

14 ‘‘(E) develop and disseminate training and 

15 support materials, including interactive pro16 grams and programs adaptable to distance 

17 learning technologies which are designed to— 

18 ‘‘(i) promote school readiness; and 

19 ‘‘(ii) promote the effective use of program20 ming developed under subparagraphs (B) and 

21 (C) among parents, Head Start providers, Even 

22 Start and providers of family literacy services, 

23 child care providers, early childhood development 

24 personnel, and elementary school teachers, public 

25 libraries, and after school program personnel 


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1 caring for preschool and elementary school chil2 dren. 

3 ‘‘(2) AVAILABILITY.—In making grants, con4 tracts, or cooperative agreements under this sub5 section, the Secretary shall ensure that recipients in6 crease the effective use of the programming under this 

7 section by making it widely available with support 

8 materials, as appropriate, to young children, their 

9 parents, child care workers, Head Start providers, 

10 Even Start and providers of family literacy services. 

11 ‘‘(3) ELIGIBLE ENTITIES DESCRIBED.—In this 

12 section, an ‘eligible entity’ means a nonprofit entity 

13 (including a public telecommunications entity) which 

14 is able— 

15 ‘‘(A) to demonstrate a capacity for the de16 velopment and national distribution of edu17 cational and instructional television program18 ming of high quality which is accessible by a 

19 large majority of disadvantaged preschool and el20 ementary school children; and 

21 ‘‘(B) to demonstrate— 

22 ‘‘(i) a capacity to contract with the 

23 producers of children’s television program24 ming for the purpose of developing edu25 cational television programming of high 


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1 quality which is accessible by a large major2 ity of disadvantaged preschool and elemen3 tary school children, and 

4 ‘‘(ii) consistent with the entity’s mis5 sion and nonprofit nature, a capacity to ne6 gotiate such contracts in a manner which 

7 returns to the entity an appropriate share 

8 of any ancillary income from sales of any 

9 program-related products. 

10 ‘‘(4) CAP ON ADMINISTRATIVE COSTS.—An entity 

11 receiving a grant, contract, or cooperative agreement 

12 from the Secretary under this subsection may not use 

13 more than 5 percent of the amounts received under 

14 the grant, contract, or cooperative agreement for the 

15 expenses of administering the grant, contract, or coop16 erative agreement. 

17 ‘‘(5) COORDINATION OF ACTIVITIES.—An entity 

18 receiving a grant, contract, or cooperative agreement 

19 from the Secretary under this subsection shall work 

20 with the Secretary and the Secretary of Health and 

21 Human Services to— 

22 ‘‘(A) maximize the utilization by preschool 

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1 gramming widely available to federally funded 

2 programs serving such populations; and 

3 ‘‘(B) coordinate with Federal programs that 

4 have major training components for early child5 hood development (including Head Start, Even 

6 Start, family literacy services, and State train7 ing activities funded under the Child Care Devel8 opment Block Grant Act of 1990 (42 U.S.C. 

9 9858 et seq.)) regarding the availability and uti10 lization of materials developed with funds pro11 vided under this section to enhance parent and 

12 child care provider skills in early childhood de13 velopment and education. 

14 ‘‘(b) APPLICATIONS.—Any entity desiring a grant, 

15 contract, or cooperative agreement under subsection (a) 

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

17 in such manner, and accompanied by such information as 

18 the Secretary may reasonably require. 

19 ‘‘(c) REPORT AND EVALUATION..— 

20 ‘‘(1) ANNUAL REPORT BY GRANT RECIPIENTS TO

21 SECRETARY.—Each entity receiving funds under this 

22 section shall prepare and submit to the Secretary an 

23 annual report which contains such information as the 

24 Secretary may require. At a minimum, the report 

25 shall describe the program activities undertaken with 


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1 funds received under this section, including informa2 tion regarding— 

3 ‘‘(A) the programming that has been devel4 oped directly or indirectly by the entity and the 

5 target population of the programs developed; 

6 ‘‘(B) the support and training materials 

7 that have been developed to accompany the pro8 gramming and the method by which such mate9 rials are distributed to consumers and users of 

10 the programming; 

11 ‘‘(C) the means by which the programming 

12 has been distributed, including the distance 

13 learning technologies that have been utilized to 

14 make programming available and the geographic 

15 distribution achieved through such technologies; 

16 and 

17 ‘‘(D) the initiatives undertaken by the enti18 ty to develop public-private partnerships to se19 cure non-Federal support for the development 

20 and distribution and broadcast of educational 

21 and instructional programming. 

22 ‘‘(2) REPORT TO CONGRESS.—The Secretary 

23 shall prepare and submit to the relevant committees 

24 of Congress a biannual report on the activities funded 


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1 and carried out under this section, and shall include 

2 in the report— 

3 ‘‘(A) a summary of the programming devel4 oped using funds provided under this section; 

5 and 

6 ‘‘(B) a description of the training materials 

7 developed using funds provided under this sec8 tion, the manner in which outreach has been 

9 conducted to inform parents and child care pro10 viders of the availability of such materials, and 

11 the manner in which such materials have been 

12 distributed. 

13 ‘‘(d) FUNDING RULE.—Not less than 60 percent of the 

14 amounts authorized to be appropriated under section 5233 

15 for any fiscal year shall be used to carry out subparagraphs 

16 (B) and (C) of subsection (a)(1). 

17 ‘‘SEC. 5232. TELECOMMUNICATIONS PROGRAM. 

18 ‘‘(a) IN GENERAL.—The Secretary may carry out any 

19 of the following activities: 

20 ‘‘(1) Awarding grants to a nonprofit tele21 communications entity (or a partnership of such enti22 ties) for the purpose of carrying out a national tele23 communications-based program to improve the teach24 ing of core academic subjects and to assist elementary 


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1 and secondary school teachers in preparing all stu2 dents to achieve State academic content standards. 

3 ‘‘(2) Awarding grants to or entering into con4 tracts or cooperative agreements with a local public 

5 telecommunications entity to develop, produce, and 

6 distribute educational and instructional video pro7 gramming which is designed for use by elementary 

8 and secondary school students, created for or adapt9 able to State academic content standards, and capable 

10 of distribution through digital broadcasting and 

11 school digital networks. 

12 ‘‘(b) APPLICATIONS.— 

13 ‘‘(1) IN GENERAL.—Any telecommunications en14 tity or partnership of such entities desiring a grant 

15 under this section shall submit an application to the 

16 Secretary. 

17 ‘‘(2) SPECIFIC REQUIREMENTS FOR NATIONAL

18 TELECOMMUNICATIONS-BASED PROGRAM.—Each ap19 plication for a grant under subsection (a)(1) shall— 

20 ‘‘(A) demonstrate that the applicant will 

21 use the existing publicly funded telecommuni22 cations infrastructure, the Internet, and school 

23 digital networks (where available) to deliver 

24 video, voice, and data in an integrated service to 

25 train teachers in the use of materials and learnVerDate Mar 15 2010 15:07 Jun 10, 2011 Jkt 223001 PO 00000 Frm 00804 Fmt 6652 Sfmt 6203 E:\ERIC\H1.RH2 H1

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1 ing technologies for achieving State academic 

2 content standards; 

3 ‘‘(B) assure that the program for which as4 sistance is sought will be conducted in coopera5 tion with States as appropriate, local edu6 cational agencies, and State or local nonprofit 

7 public telecommunications entities; 

8 ‘‘(C) assure that a significant portion of the 

9 benefits available for elementary and secondary 

10 schools from the program for which assistance is 

11 sought will be available to schools of local edu12 cational agencies which have a high percentage 

13 of children counted for the purpose of part A of 

14 title I; and 

15 ‘‘(D) contain such additional assurances as 

16 the Secretary may reasonably require. 

17 ‘‘(c) APPROVAL OF APPLICATIONS; NUMBER OF DEM18 ONSTRATION SITES.—In approving applications under this 

19 section, the Secretary shall assure that— 

20 ‘‘(1) the national telecommunications-based pro21 gram under subsection (a)(1) is conducted at elemen22 tary and secondary school sites in at least 15 States; 

23 and 


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1 ‘‘(2) grants under subsection (a)(2) are awarded 

2 on a competitive basis and for a period of 3 years to 

3 entities which— 

4 ‘‘(A) enter into multiyear collaborative ar5 rangements for content development with State 

6 educational agencies, local educational agencies, 

7 institutions of higher education, businesses, or 

8 other agencies and organizations, and 

9 ‘‘(B) contribute non-Federal matching funds 

10 (including funds provided for transitions to dig11 ital broadcasting as well as in-kind contribu12 tions) to the activities assisted with the grant in 

13 an amount not less than 100 percent of the 

14 amount of the grant. 

15 ‘‘PART C—CHARACTER EDUCATION 

16 ‘‘SEC. 5301. CHARACTER EDUCATION PROGRAM. 

17 ‘‘(a) PROGRAM AUTHORIZED.— 

18 ‘‘(1) IN GENERAL.—The Secretary may make 

19 grants to State educational agencies, local educational 

20 agencies, or consortia of such agencies for the design 

21 and implementation of character education programs 

22 that— 

23 ‘‘(A) can be integrated into State academic 

24 content standards for the core academic subjects; 

25 and 


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1 ‘‘(B) can be carried out in conjunction with 

2 other educational reform efforts. 

3 ‘‘(2) DURATION.—Each grant under this section 

4 shall be made for a period not to exceed 5 years, of 

5 which the grant recipient may not use more than 1 

6 year for planning and program design. 

7 ‘‘(b) CONTRACTS UNDER PROGRAM.— 

8 ‘‘(1) EVALUATION.—Each agency or consortium 

9 receiving assistance under this section may contract 

10 with outside sources, including institutions of higher 

11 education and private and nonprofit organizations 

12 (including religious organizations), for the purposes 

13 of— 

14 ‘‘(A) evaluating the program for which the 

15 assistance is made available; 

16 ‘‘(B) measuring the integration of such pro17 gram into the curriculum and teaching methods 

18 of schools where the program is carried out; and 

19 ‘‘(C) measuring the success of such program 

20 in fostering the elements of character selected by 

21 the recipient under subsection (c)(1). 

22 ‘‘(2) MATERIALS AND PROGRAM DEVELOP23 MENT.—Each agency or consortium receiving assist24 ance under this section may contract with outside 

25 sources, including institutions of higher education 


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1 and private and nonprofit organizations (including 

2 religious organizations), for assistance in— 

3 ‘‘(A) developing secular curricula, mate4 rials, teacher training, and other activities re5 lated to character education; and 

6 ‘‘(B) integrating secular character edu7 cation into the curriculum and teaching methods 

8 of schools where the program is carried out. 

9 ‘‘(c) ELEMENTS OF CHARACTER.— 

10 ‘‘(1) SELECTION.— 

11 ‘‘(A) IN GENERAL.—Each agency or consor12 tium receiving assistance under this section may 

13 select the elements of character that will be 

14 taught under the program for which the assist15 ance is made available. 

16 ‘‘(B) CONSIDERATION OF VIEWS.—In select17 ing elements of character under paragraph (1), 

18 the agency or consortium shall consider the views 

19 of the parents or guardians of the students to be 

20 taught under the program. 

21 ‘‘(2) EXAMPLE ELEMENTS.—Elements of char22 acter selected under this subsection may include any 

23 of the following: 

24 ‘‘(A) Trustworthiness. 

25 ‘‘(B) Respect. 


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1 ‘‘(C) Responsibility. 

2 ‘‘(D) Fairness. 

3 ‘‘(E) Caring. 

4 ‘‘(F) Citizenship. 

5 ‘‘(G) Giving. 

6 ‘‘(d) APPLICATION.— 

7 ‘‘(1) IN GENERAL.—Each agency or consortium 

8 seeking assistance under this section shall submit an 

9 application to the Secretary at such time and in such 

10 manner as the Secretary may require. 

11 ‘‘(2) REQUIRED INFORMATION.—Each applica12 tion for assistance under this section shall include in13 formation that— 

14 ‘‘(A) demonstrates that the program for 

15 which the assistance is sought has clear goals 

16 and objectives that are based on scientifically 

17 based research; 

18 ‘‘(B) describes the activities that will be car19 ried out with the assistance and how such activi20 ties will meet the goals and objectives described 

21 in paragraph (1); and 

22 ‘‘(C) describes how the program for which 

23 the assistance is sought will be linked to other ef24 forts to improve educational achievement, includ25 ing— 


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1 ‘‘(i) broader educational reforms that 

2 are being instituted by the applicant or its 

3 partners; and 

4 ‘‘(ii) applicable State academic content 

5 standards for student achievement. 

6 ‘‘(e) SELECTION OF RECIPIENTS.— 

7 ‘‘(1) PEER REVIEW.— 

8 ‘‘(A) IN GENERAL.—In selecting agencies or 

9 consortia to receive assistance under this section 

10 from among the applicants for such assistance, 

11 the Secretary shall use a peer review process that 

12 includes the participation of experts in the field 

13 of character education. 

14 ‘‘(B) USE OF FUNDS.—The Secretary may 

15 use funds appropriated under this section for the 

16 cost of carrying out peer reviews under this 

17 paragraph. 

18 ‘‘(2) SELECTION CRITERIA.—Each selection 

19 under paragraph (1) shall be made on the basis of the 

20 quality of the application submitted, taking into con21 sideration such factors as— 

22 ‘‘(A) the extent of parental, student, and 

23 community involvement in the program; and 

24 ‘‘(B) the likelihood that the goals of the pro25 gram will be realistically achieved. 


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1 ‘‘(3) EQUITABLE DISTRIBUTION.—In making se2 lections under this subsection, the Secretary shall en3 sure, to the extent practicable under paragraph (2), 

4 that the programs assisted under this section are eq5 uitably distributed among the geographic regions of 

6 the United States, and among urban, suburban, and 

7 rural areas. 

8 ‘‘(f) EVALUATIONS.— 

9 ‘‘(1) IN GENERAL.—As a condition of receiving 

10 assistance under this section, the Secretary shall re11 quire each agency or consortium receiving such assist12 ance to transmit to the Secretary, not later than 5 

13 years after such receipt, a report containing an eval14 uation of each program assisted. 

15 ‘‘(2) ATTAINMENT OF GOALS AND OBJECTIVES.— 

16 In conducting an evaluation referred to in paragraph 

17 (1), each agency or consortium shall evaluate the de18 gree to which each program for which assistance was 

19 made available attained the goals and objectives for 

20 the program as described in the application for assist21 ance submitted under subsection (d). 

22 ‘‘(3) DISSEMINATION.—The Secretary shall— 

23 ‘‘(A) make each evaluation received under 

24 this subsection publicly available; and 


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1 ‘‘(B) provide public notice (through such 

2 means as the Internet, the media, and public 

3 agencies) of the availability of each such evalua4 tion after it is received by the Secretary. 

5 ‘‘(g) MATCHING FUNDS.—As a condition of receiving 

6 assistance under this section, the Secretary may require 

7 that each agency or consortium receiving such assistance 

8 provide matching funds from non-Federal sources. 

9 ‘‘SEC. 5302. AUTHORIZATION OF APPROPRIATIONS. 

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

11 this part $25,000,000 for fiscal year 2002 and such sums 

12 as may be necessary for each of fiscal years 2003 through 

13 2006.’’. 

14 ‘‘PART D—ELEMENTARY AND SECONDARY 

15 SCHOOL COUNSELING PROGRAMS 

16 ‘‘SEC. 5401. ELEMENTARY AND SECONDARY SCHOOL COUN17 SELING PROGRAMS. 

18 ‘‘(a) FINDINGS.—Congress finds as follows: 

19 ‘‘(1) The Surgeon General reported in January 

20 2001 that 1 in 10 children suffer from mental ill21 nesses severe enough to impair development and fewer 

22 than 1 in 5 children get treatment for mental ill23 nesses. 

24 ‘‘(2) The Surgeon General reported that the bur25 den of suffering by children with mental health needs 


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1 and their families has created a health crisis in this 

2 country. Growing numbers of children are suffering 

3 needlessly because their emotional, behavioral, and de4 velopmental needs are not being met by the very insti5 tutions and systems that were created to take care of 

6 them. 

7 ‘‘(3) As a result of the concern about the failure 

8 of the healthcare system to reach children and adoles9 cents with mental illnesses, there is currently great 

10 interest in developing new models for the delivery of 

11 mental health and counseling services that can reach 

12 underserved groups efficiently. 

13 ‘‘(4) Schools are a sensible point of intervention 

14 because of their central position in many children’s 

15 lives and development, especially when families are 

16 unable to assume a leading role. 

17 ‘‘(5) School-based mental health and counseling 

18 services allow for the identification of children in 

19 need of treatment much earlier in their development. 

20 ‘‘(6) Establishing mental health and counseling 

21 services in schools provides access to underserved 

22 youth with or at risk of emotional or behavioral prob23 lems. 

24 ‘‘(7) The Surgeon General’s 2000 report on youth 

25 violence concludes that effective treatment can divert 


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1 a significant proportion of delinquent and violent 

2 youths from future violence and crime. 

3 ‘‘(8) Mental health and counseling services can 

4 play an important role in violence prevention on all 

5 levels, including preventing problem behaviors from 

6 developing; identifying and serving specific, at-risk 

7 populations; and reducing the deleterious effects of vi8 olence on victims and witnesses. 

9 ‘‘(9) An evaluation of the model program for the 

10 elementary school counseling demonstration program 

11 established pursuant to this section prior to the date 

12 of enactment of the Elementary and Secondary Coun13 seling Improvement Act of 2001 found that the num14 ber of referrals to the principal’s office decreased by 

15 nearly half, the use of force, weapons, and threatening 

16 of others also decreased, school suspensions were re17 duced, and students felt safer. 

18 ‘‘(10) The report produced by the Institute of 

19 Medicine, ‘Schools and Health: Our Nation’s Invest20 ment’, recommended a student-to-school counselor 

21 ratio of 250:1, student-to-school psychologist ratio of 

22 1000:1, and a student-to-school social worker ratio of 

23 800:1. The United States average student-to-counselor 

24 ratio is 551:1. Ratios for school psychologists and 


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1 school social workers also exceed the recommended lev2 els. 

3 ‘‘(b) GRANTS AUTHORIZED.— 

4 ‘‘(1) IN GENERAL.—The Secretary may use funds 

5 provided under this section to award grants to local 

6 educational agencies to enable such agencies to estab7 lish or expand elementary and secondary school coun8 seling programs which meet the requirements of sub9 section (c). 

10 ‘‘(2) PRIORITY.—In awarding grants under this 

11 section, the Secretary shall give special consideration 

12 to applications describing programs which— 

13 ‘‘(A) demonstrate the greatest need for new 

14 or additional counseling services among children 

15 in the schools served by the applicant, in part, 

16 by providing information on current ratios of 

17 students to school counselors, students to school 

18 social workers, and students to school psycholo19 gists; 

20 ‘‘(B) propose the most promising and inno21 vative approaches for initiating or expanding 

22 school counseling; and 

23 ‘‘(C) show the greatest potential for replica24 tion and dissemination. 


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1 ‘‘(3) EQUITABLE DISTRIBUTION.—In awarding 

2 grants under this section, the Secretary shall ensure 

3 an equitable geographic distribution among the re4 gions of the United States and among urban, subur5 ban, and rural local educational agencies. 

6 ‘‘(4) DURATION.—A grant under this section 

7 shall be awarded for a period not to exceed 3 years. 

8 ‘‘(5) MAXIMUM GRANT.—A grant awarded under 

9 this program shall not exceed $400,000 for any fiscal 

10 year. 

11 ‘‘(6) SUPPLEMENT.—Assistance made available 

12 under this section shall be used to supplement, and 

13 may not supplant, other Federal, State, or local funds 

14 used for providing school-based counseling and mental 

15 health services to students. 

16 ‘‘(c) REQUIREMENTS FOR COUNSELING PROGRAMS.— 

17 Each program funded under this section shall— 

18 ‘‘(1) be comprehensive in addressing the coun19 seling and educational needs of all students; 

20 ‘‘(2) use a developmental, preventive approach to 

21 counseling; 

22 ‘‘(3) increase the range, availability, quantity, 

23 and quality of counseling services in the elementary 

24 and secondary schools of the local educational agency; 


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1 ‘‘(4) expand counseling services through qualified 

2 school counselors, school psychologists, school social 

3 workers, and child and adolescent psychiatrists; 

4 ‘‘(5) use innovative approaches to increase chil5 dren’s understanding of peer and family relation6 ships, work and self, decisionmaking, or academic 

7 and career planning, or to improve peer interaction; 

8 ‘‘(6) provide counseling services in settings that 

9 meet the range of needs of students; 

10 ‘‘(7) include inservice training, including train11 ing for teachers in appropriate identification and 

12 intervention techniques for disciplining and teaching 

13 students at risk of violent behavior, by school coun14 selors, school psychologists, school social workers, and 

15 child and adolescent psychiatrists; 

16 ‘‘(8) involve parents of participating students in 

17 the design, implementation, and evaluation of a coun18 seling program; 

19 ‘‘(9) involve community groups, social service 

20 agencies, or other public or private entities in collabo21 rative efforts to enhance the program; 

22 ‘‘(10) evaluate annually the effectiveness and 

23 outcomes of the counseling services and activities as24 sisted under this section; 


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1 ‘‘(11) ensure a team approach to school coun2 seling in the elementary and secondary schools of the 

3 local educational agency by working toward ratios 

4 recommended by the American School Health Associa5 tion of one school counselor to 250 students, one school 

6 social worker to 800 students, and one school psychol7 ogist to 1,000 students; and 

8 ‘‘(12) ensure that school counselors, school psy9 chologists, school social workers, or child and adoles10 cent psychiatrists paid from funds made available 

11 under this section spend a majority of their time at 

12 the school in activities directly related to the coun13 seling process. 

14 ‘‘(d) LIMITATION ON ADMINISTRATIVE COSTS.—Not 

15 more than 3 percent of the amounts made available under 

16 this section in any fiscal year may be used for administra17 tive costs to carry out this section. 

18 ‘‘(e) DEFINITIONS.—For purposes of this section— 

19 ‘‘(1) the term ‘school counselor’ means an indi20 vidual who has documented competence in counseling 

21 children and adolescents in a school setting and 

22 who— 

23 ‘‘(A) possesses State licensure or certifi24 cation granted by an independent professional 

25 regulatory authority; 


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1 ‘‘(B) in the absence of such State licensure 

2 or certification, possesses national certification 

3 in school counseling or a specialty of counseling 

4 granted by an independent professional organi5 zation; or 

6 ‘‘(C) holds a minimum of a master’s degree 

7 in school counseling from a program accredited 

8 by the Council for Accreditation of Counseling 

9 and Related Educational Programs or the equiv10 alent; 

11 ‘‘(2) the term ‘school psychologist’ means an in12 dividual who— 

13 ‘‘(A) possesses a minimum of 60 graduate 

14 semester hours in school psychology from an in15 stitution of higher education and has completed 

16 1,200 clock hours in a supervised school psy17 chology internship, of which 600 hours shall be 

18 in the school setting; 

19 ‘‘(B) possesses State licensure or certifi20 cation in the State in which the individual 

21 works; or 

22 ‘‘(C) in the absence of such State licensure 

23 or certification, possesses national certification 

24 by the National School Psychology Certification 

25 Board; 


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1 ‘‘(3) the term ‘school social worker’ means an in2 dividual who— 

3 ‘‘(A) holds a master’s degree in social work 

4 from a program accredited by the Council on So5 cial Work Education; and 

6 ‘‘(B) is licensed or certified by the State in 

7 which services are provided; or 

8 ‘‘(C) in the absence of such State licensure 

9 or certification, possesses a national credential 

10 or certification as a ‘school social work spe11 cialist’ granted by an independent professional 

12 organization; and 

13 ‘‘(4) the term ‘child and adolescent psychiatrist’ 

14 means an individual who— 

15 ‘‘(A) possesses State medical licensure; and 

16 ‘‘(B) has completed residency training pro17 grams in general and child and adolescent psy18 chiatry. 

19 ‘‘(f) REPORT.—Not later than 1 year after assistance 

20 is made available under this section, the Secretary shall 

21 make publicly available the information from applicants re22 garding the ratios of students to school counselors, students 

23 to school social workers, and students to school psycholo24 gists. 


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1 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to carry out this section 

3 such sums as may be necessary for each of fiscal years 2002 

4 through 2006. 

5 ‘‘PART E—MENTORING PROGRAMS 

6 ‘‘SEC. 5501. DEFINITIONS. 

7 ‘‘In this part, the following definitions apply: 

8 ‘‘(1) CHILD WITH GREATEST NEED.—The term 

9 ‘child with greatest need’ means a child at risk of 

10 educational failure, dropping out of school, or involve11 ment in criminal or delinquent activities, or that has 

12 lack of strong positive adult role models. 

13 ‘‘(2) MENTOR.—The term ‘mentor’ means an in14 dividual who works with a child to provide a positive 

15 role model for the child, to establish a supportive rela16 tionship with the child, and to provide the child with 

17 academic assistance and exposure to new experiences 

18 and examples of opportunity that enhance the ability 

19 of the child to become a responsible adult. 

20 ‘‘(3) STATE.—The term ‘State’ means each of the 

21 several States, the District of Columbia, the Common22 wealth of Puerto Rico, the Virgin Islands, Guam, 

23 American Samoa, and the Commonwealth of the 

24 Northern Mariana Islands. 


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1 ‘‘SEC. 5502. PURPOSES. 

2 ‘‘The purposes of this part are to make assistance 

3 available to promote mentoring programs for children with 

4 greatest need— 

5 ‘‘(1) to assist such children in receiving support 

6 and guidance from a caring adult; 

7 ‘‘(2) to improve the academic performance of 

8 such children; 

9 ‘‘(3) to improve interpersonal relationships be10 tween such children and their peers, teachers, other 

11 adults, and family members; 

12 ‘‘(4) to reduce the dropout rate of such children; 

13 and 

14 ‘‘(5) to reduce juvenile delinquency and involve15 ment in gangs by such children. 

16 ‘‘SEC. 5503. GRANT PROGRAM. 

17 ‘‘(a) IN GENERAL.—In accordance with this section, 

18 the Secretary may make grants to eligible entities to assist 

19 such entities in establishing and supporting mentoring pro20 grams and activities that— 

21 ‘‘(1) are designed to link children with greatest 

22 need (particularly such children living in rural areas, 

23 high crime areas, or troubled home environments, or 

24 such children experiencing educational failure) with 

25 responsible adults, who— 


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1 ‘‘(A) have received training and support in 

2 mentoring; 

3 ‘‘(B) have been screened using appropriate 

4 reference checks, child and domestic abuse record 

5 checks, and criminal background checks; and 

6 ‘‘(C) are interested in working with youth; 

7 and 

8 ‘‘(2) are intended to achieve 1 or more of the fol9 lowing goals: 

10 ‘‘(A) Provide general guidance to children 

11 with greatest need. 

12 ‘‘(B) Promote personal and social responsi13 bility among children with greatest need. 

14 ‘‘(C) Increase participation by children 

15 with greatest need in, and enhance their ability 

16 to benefit from, elementary and secondary edu17 cation. 

18 ‘‘(D) Discourage illegal use of drugs and al19 cohol, violence, use of dangerous weapons, pro20 miscuous behavior, and other criminal, harmful, 

21 or potentially harmful activity by children with 

22 greatest need. 

23 ‘‘(E) Encourage children with greatest need 

24 to participate in community service and commu25 nity activities. 


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1 ‘‘(F) Encourage children with greatest need 

2 to set goals for themselves or to plan for their fu3 tures, including encouraging such children to 

4 make graduation from secondary school a goal 

5 and to make plans for postsecondary education 

6 or training. 

7 ‘‘(G) Discourage involvement of children 

8 with greatest need in gangs. 

9 ‘‘(b) ELIGIBLE ENTITIES.—Each of the following is an 

10 entity eligible to receive a grant under subsection (a): 

11 ‘‘(1) A local educational agency. 

12 ‘‘(2) A nonprofit, community-based organization. 

13 ‘‘(3) A partnership between an agency referred to 

14 in paragraph (1) and an organization referred to in 

15 paragraph (2). 

16 ‘‘(c) USE OF FUNDS.— 

17 ‘‘(1) IN GENERAL.—Each entity receiving a 

18 grant under this section shall use the grant funds for 

19 activities that establish or implement a mentoring 

20 program, including— 

21 ‘‘(A) hiring of mentoring coordinators and 

22 support staff; 

23 ‘‘(B) providing for the professional develop24 ment of mentoring coordinators and support 

25 staff; 


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1 ‘‘(C) recruitment, screening, and training of 

2 adult mentors; 

3 ‘‘(D) reimbursement of schools, if appro4 priate, for the use of school materials or supplies 

5 in carrying out the program; 

6 ‘‘(E) dissemination of outreach materials; 

7 ‘‘(F) evaluation of the program using sci8 entifically based methods; and 

9 ‘‘(G) such other activities as the Secretary 

10 may reasonably prescribe by rule. 

11 ‘‘(2) PROHIBITED USES.—Notwithstanding para12 graph (1), an entity receiving a grant under this sec13 tion may not use the grant funds— 

14 ‘‘(A) to directly compensate mentors; 

15 ‘‘(B) to obtain educational or other mate16 rials or equipment that would otherwise be used 

17 in the ordinary course of the entity’s operations; 

18 ‘‘(C) to support litigation of any kind; or 

19 ‘‘(D) for any other purpose reasonably pro20 hibited by the Secretary by rule. 

21 ‘‘(d) TERM OF GRANT.—Each grant made under this 

22 section shall be available for expenditure for a period of 

23 3 years. 


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1 ‘‘(e) APPLICATION.—Each eligible entity seeking a 

2 grant under this section shall submit to the Secretary an 

3 application that includes— 

4 ‘‘(1) a description of the mentoring plan the ap5 plicant proposes to carry out with such grant; 

6 ‘‘(2) information on the children expected to be 

7 served by the mentoring program for which such 

8 grant is sought; 

9 ‘‘(3) a description of the mechanism that appli10 cant will use to match children with mentors based 

11 on the needs of the children; 

12 ‘‘(4) an assurance that no mentor will be as13 signed to mentor so many children that the assign14 ment would undermine either the mentor’s ability to 

15 be an effective mentor or the mentor’s ability to estab16 lish a close relationship (a one-on-one relationship, 

17 where practicable) with each mentored child; 

18 ‘‘(5) an assurance that mentoring programs will 

19 provide children with a variety of experiences and 

20 support, including— 

21 ‘‘(A) emotional support; 

22 ‘‘(B) academic assistance; and 

23 ‘‘(C) exposure to experiences that children 

24 might not otherwise encounter on their own; 


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1 ‘‘(6) an assurance that mentoring programs will 

2 be monitored to ensure that each child assigned a 

3 mentor benefits from that assignment and that there 

4 will be a provision for the assignment of a new men5 tor if the relationship between the original mentor is 

6 not beneficial to the child; 

7 ‘‘(7) information on the method by which men8 tors and children will be recruited to the mentor pro9 gram; 

10 ‘‘(8) information on the method by which pro11 spective mentors will be screened; 

12 ‘‘(9) information on the training that will be 

13 provided to mentors; and 

14 ‘‘(10) information on the system that the appli15 cant will use to manage and monitor information re16 lating to the program’s reference checks, child and do17 mestic abuse record checks, and criminal background 

18 checks and to its procedure for matching children 

19 with mentors. 

20 ‘‘(f) SELECTION.— 

21 ‘‘(1) COMPETITIVE BASIS.—In accordance with 

22 this subsection, the Secretary shall select grant recipi23 ents from among qualified applicants on a competi24 tive basis. 


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1 ‘‘(2) PRIORITY.—In selecting grant recipients 

2 under paragraph (1), the Secretary shall give priority 

3 to each applicant that— 

4 ‘‘(A) serves children with greatest need liv5 ing in rural areas, high crime areas, or troubled 

6 home environments, or who attend schools with 

7 violence problems; 

8 ‘‘(B) provides background screening of men9 tors, training of mentors, and technical assist10 ance in carrying out mentoring programs; 

11 ‘‘(C) proposes a mentoring program under 

12 which each mentor will be assigned to not more 

13 children than the mentor can serve effectively; or 

14 ‘‘(D) proposes a school-based mentoring pro15 gram. 

16 ‘‘(3) OTHER CONSIDERATIONS.—In selecting 

17 grant recipients under paragraph (1), the Secretary 

18 shall also consider— 

19 ‘‘(A) the degree to which the location of the 

20 programs proposed by each applicant contributes 

21 to a fair distribution of programs with respect to 

22 urban and rural locations; 

23 ‘‘(B) the quality of the mentoring programs 

24 proposed by each applicant, including— 


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1 ‘‘(i) the resources, if any, the applicant 

2 will dedicate to providing children with op3 portunities for job training or postsec4 ondary education; 

5 ‘‘(ii) the degree to which parents, 

6 teachers, community-based organizations, 

7 and the local community have participated, 

8 or will participate, in the design and im9 plementation of the applicant’s mentoring 

10 program; 

11 ‘‘(iii) the degree to which the applicant 

12 can ensure that mentors will develop long13 standing relationships with the children 

14 they mentor; 

15 ‘‘(iv) the degree to which the applicant 

16 will serve children with greatest need in the 

17 4th, 5th, 6th, 7th, and 8th grades; and 

18 ‘‘(v) the degree to which the program 

19 will continue to serve children from the 4th 

20 grade through graduation from secondary 

21 school; and 

22 ‘‘(C) the capability of each applicant to ef23 fectively implement its mentoring program. 

24 ‘‘(4) GRANT TO EACH STATE.—Notwithstanding 

25 any other provision of this subsection, in selecting 


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1 grant recipients under paragraph (1), the Secretary 

2 shall select not less than 1 grant recipient from each 

3 State for which there is a qualified applicant. 

4 ‘‘(g) MODEL SCREENING GUIDELINES.— 

5 ‘‘(1) IN GENERAL.—Based on model screening 

6 guidelines developed by the Office of Juvenile Pro7 grams of the Department of Justice, the Secretary 

8 shall develop and distribute to program participants 

9 specific model guidelines for the screening of mentors 

10 who seek to participate in programs to be assisted 

11 under this part. 

12 ‘‘(2) BACKGROUND CHECKS.—The guidelines de13 veloped under this subsection shall include, at a min14 imum, a requirement that potential mentors be sub15 ject to reference checks, child and domestic abuse 

16 record checks, and criminal background checks. 

17 ‘‘SEC. 5504. STUDY BY GENERAL ACCOUNTING OFFICE. 

18 ‘‘(a) IN GENERAL.—The Comptroller General of the 

19 United States shall conduct a study to identify successful 

20 school-based mentoring programs, and the elements, poli21 cies, or procedures of such programs that can be replicated. 

22 ‘‘(b) REPORT.—Not later than 3 years after the date 

23 of enactment of the Mentoring for Success Act, the Comp24 troller General shall submit a report to the Secretary and 


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1 Congress containing the results of the study conducted 

2 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. 5505. AUTHORIZATION OF APPROPRIATIONS. 

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

13 section 5503 $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 TITLE VI—IMPACT AID PROGRAM 

17 SEC. 601. PAYMENTS UNDER SECTION 8002 WITH RESPECT 

18 TO FISCAL YEARS IN WHICH INSUFFICIENT 

19 FUNDS ARE APPROPRIATED. 

20 (a) FOUNDATION PAYMENTS FOR PRE-1995 RECIPI21 ENTS.—Section 8002(h)(1) (20 U.S.C. 7702(h)(1)) is 

22 amended— 

23 (1) in subparagraph (A), by striking ‘‘and was 

24 eligible to receive a payment under section 2 of the 

25 Act of September 30, 1950’’ and inserting ‘‘and that 


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1 filed, or has been determined pursuant to statute to 

2 have filed a timely application, and met, or has been 

3 determined pursuant to statute to meet, the eligibility 

4 requirements of section 2(a)(1)(C) of the Act of Sep5 tember 30, 1950’’; and 

6 (2) in subparagraph (B), by striking ‘‘(or if the 

7 local educational agency was not eligible to receive a 

8 payment under such section 2 for fiscal year 1994’’ 

9 and inserting ‘‘(or if the local educational agency did 

10 not meet, or has not been determined pursuant to 

11 statute to meet, the eligibility requirements of section 

12 2(a)(1)(C) of the Act of September 30, 1950 for fiscal 

13 year 1994’’. 

14 (b) PAYMENTS FOR 1995 RECIPIENTS.—Section 

15 8002(h)(2) (20 U.S.C. 7702(h)(2)) is amended— 

16 (1) in subparagraph (A), by adding at the end 

17 before the period ‘‘, or whose application for fiscal 

18 year 1995 was determined pursuant to statute to be 

19 timely filed for purposes of payments for subsequent 

20 fiscal years’’; and 

21 (2) in subparagraph (B)(ii), by striking ‘‘for 

22 each local educational agency that received a payment 

23 under this section for fiscal year 1995’’ and inserting 

24 ‘‘for each local educational agency described in sub25 paragraph (A)’’. 


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1 (c) REMAINING FUNDS.—Section 8002(h)(4)(B) (20 

2 U.S.C. 7702(h)(4)(B)) is amended— 

3 (1) by striking ‘‘(in the same manner as percent4 age shares are determined for local educational agen5 cies under paragraph (2)(B)(ii))’’ and inserting ‘‘(by 

6 dividing the maximum amount that the agency is eli7 gible to receive under subsection (b) by the total of the 

8 maximum amounts for all such agencies)’’; and 

9 (2) by striking ‘‘, except that for the purpose of 

10 calculating a local educational agency’s assessed value 

11 of the Federal property’’ and inserting ‘‘, except that, 

12 for purposes of calculating a local educational agen13 cy’s maximum amount under subsection (b)’’. 

14 (d) APPLICATION FOR PAYMENT.—Notwithstanding 

15 any other provision of law, the Secretary shall treat as 

16 timely filed an application under section 8002 (20 U.S.C. 

17 7702) from Academy School District 20, Colorado, for a 

18 payment for fiscal year 1999, and shall process that appli19 cation from funds appropriated for that section for fiscal 

20 year 2001. 

21 SEC. 602. CALCULATION OF PAYMENT UNDER SECTION 8003 

22 FOR SMALL LOCAL EDUCATIONAL AGENCIES. 

23 Section 8003(b)(3)(B)(iv) (20 U.S.C. 

24 7703(b)(3)(B)(iv)) is amended by inserting after ‘‘of the 


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1 State in which the agency is located’’ the following: ‘‘or less 

2 than the average per pupil expenditure of all the States’’. 

3 SEC. 603. CONSTRUCTION. 

4 (a) SCHOOL FACILITY EMERGENCY AND MODERNIZA5 TION GRANTS.—Section 8007(b) (20 U.S.C. 7707(b)) is 

6 amended to read as follows: 

7 ‘‘(b) SCHOOL FACILITY EMERGENCY AND MODERNIZA8 TION GRANTS AUTHORIZED.— 

9 ‘‘(1) IN GENERAL.—From 60 percent of the 

10 amount appropriated for each fiscal year under sec11 tion 8014(e), the Secretary— 

12 ‘‘(A) shall award emergency grants in ac13 cordance with this subsection to eligible local 

14 educational agencies to enable the agencies to 

15 carry out emergency repairs of school facilities; 

16 and 

17 ‘‘(B) shall award modernization grants in 

18 accordance with this subsection to eligible local 

19 educational agencies to enable the agencies to 

20 carry out the modernization of school facilities. 

21 ‘‘(2) PRIORITY.—In approving applications from 

22 local educational agencies for emergency grants and 

23 modernization grants under this subsection, the Sec24 retary shall give priority to applications for emer25 gency grants and, among such applications for emerVerDate Mar 15 2010 15:07 Jun 10, 2011 Jkt 223001 PO 00000 Frm 00834 Fmt 6652 Sfmt 6203 E:\ERIC\H1.RH2 H1

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1 gency grants, shall give priority to those applications 

2 of local educational agencies based on the severity of 

3 the emergency. 

4 ‘‘(3) ELIGIBILITY REQUIREMENTS.— 

5 ‘‘(A) EMERGENCY GRANTS.—A local edu6 cational agency is eligible to receive an emer7 gency grant under this subsection only if— 

8 ‘‘(i) the agency (or in the case of a 

9 local educational agency that does not have 

10 the authority to tax or issue bonds, the 

11 agency’s fiscal agent)— 

12 ‘‘(I) has no practical capacity to 

13 issue bonds; 

14 ‘‘(II) has minimal capacity to 

15 issue bonds and is at 75 percent of the 

16 agency’s limit of bonded indebtedness; 

17 or 

18 ‘‘(III) does not meet the require19 ments of subclauses (I) and (II) but is 

20 eligible to receive funds under section 

21 8003(b)(2) for the fiscal year; and 

22 ‘‘(ii) the agency is eligible to receive 

23 assistance under subsection (a) for the fiscal 

24 year and has a school facility emergency, as 

25 determined by the Secretary, that poses a 


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1 health or safety hazard to the students and 

2 school personnel assigned to the school facil3 ity. 

4 ‘‘(B) MODERNIZATION GRANTS.—A local 

5 educational agency is eligible to receive a mod6 ernization grant under this subsection only if— 

7 ‘‘(i) the agency (or in the case of a 

8 local educational agency that does not have 

9 the authority to tax or issue bonds, the 

10 agency’s fiscal agent) meets the require11 ments of subclause (I), (II), or (III) of sub12 paragraph (A)(i); 

13 ‘‘(ii) the agency is eligible to receive 

14 assistance under section 8002 for the fiscal 

15 year and has an assessed value of real prop16 erty per student that may be taxed for 

17 school purposes that is less than the average 

18 of the assessed value of real property per 

19 student that may be taxed for school pur20 poses in the State in which the local edu21 cational agency is located; and 

22 ‘‘(iii) the agency has facility needs re23 sulting from actions of the Federal Govern24 ment, such as enrollment increases due to 

25 the expansion of Federal activities, housing 


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1 privatization, or the acquisition of Federal 

2 property. 

3 ‘‘(C) RULE OF CONSTRUCTION.—For pur4 poses of subparagraph (A)(i), a local educational 

5 agency— 

6 ‘‘(i) has no practical capacity to issue 

7 bonds if the total assessed value of real 

8 property that may be taxed for school pur9 poses is less than $25,000,000; and 

10 ‘‘(ii) has minimal capacity to issue 

11 bonds if the total assessed value of real 

12 property that may be taxed for school pur13 poses is not less than $25,000,000 but not 

14 more than $50,000,000. 

15 ‘‘(4) AWARD CRITERIA.—In awarding emergency 

16 grants and modernization grants under this sub17 section, the Secretary shall consider the following fac18 tors: 

19 ‘‘(A) The ability of the local educational 

20 agency to respond to the emergency, or to pay for 

21 the modernization project, as the case may be, as 

22 measured by— 

23 ‘‘(i) the agency’s level of bonded indebt24 edness; 


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1 ‘‘(ii) the assessed value of real property 

2 per student that may be taxed for school 

3 purposes compared to the average of the as4 sessed value of real property per student 

5 that may be taxed for school purposes in the 

6 State in which the agency is located; 

7 ‘‘(iii) the agency’s total tax rate for 

8 school purposes (or, if applicable, for cap9 ital expenditures) compared to the average 

10 total tax rate for school purposes (or the av11 erage capital expenditure tax rate, if appli12 cable) in the State in which the agency is 

13 located; and 

14 ‘‘(iv) funds that are available to the 

15 agency, from any other source, including 

16 section 8007(a), that may be used for cap17 ital expenditures. 

18 ‘‘(B) The percentage of property in the 

19 agency that is nontaxable due to the presence of 

20 the Federal Government. 

21 ‘‘(C) The number and percentages of chil22 dren described in subparagraphs (A), (B), (C), 

23 and (D) of section 8003(a)(1) served in the 

24 school facility with the emergency or served in 


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1 the school facility proposed for modernization, as 

2 the case may be. 

3 ‘‘(D) In the case of an emergency grant, the 

4 severity of the emergency, as measured by the 

5 threat that the condition of the school facility 

6 poses to the health, safety, and well-being of stu7 dents. 

8 ‘‘(E) In the case of a modernization 

9 grant— 

10 ‘‘(i) the severity of the need for mod11 ernization, as measured by such factors 

12 as— 

13 ‘‘(I) overcrowding, as evidenced by 

14 the use of portable classrooms; or 

15 ‘‘(II) the agency’s inability to 

16 maximize the use of technology or offer 

17 a curriculum in accordance with con18 temporary State standards due to the 

19 physical limitations of the current 

20 school facility; and 

21 ‘‘(ii) the age of the school facility pro22 posed for modernization. 

23 ‘‘(5) OTHER AWARD PROVISIONS.— 

24 ‘‘(A) GENERAL PROVISIONS.— 


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1 ‘‘(i) LIMITATIONS ON AMOUNT OF

2 FUNDS.— 

3 ‘‘(I) IN GENERAL.—The amount of 

4 funds provided under an emergency 

5 grant or a modernization grant award6 ed under this subsection to a local edu7 cational agency that meets the require8 ments of subclause (II) or (III) of 

9 paragraph (3)(A)(i)— 

10 ‘‘(aa) shall not exceed 50 per11 cent of the total cost of the project 

12 to be assisted under this sub13 section; and 

14 ‘‘(bb) shall not exceed 

15 $3,000,000 during any 5-year pe16 riod. 

17 ‘‘(II) IN-KIND CONTRIBUTIONS.— 

18 A local educational agency may use in19 kind contributions to meet the match20 ing requirement of subclause (I)(aa). 

21 ‘‘(ii) PROHIBITIONS ON USE OF

22 FUNDS.—A local educational agency may 

23 not use funds provided under an emergency 

24 grant or modernization grant awarded 

25 under this subsection for— 


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1 ‘‘(I) a project for a school facility 

2 for which the agency does not have full 

3 title or other interest; or 

4 ‘‘(II) stadiums or other facilities 

5 primarily used for athletic contests, ex6 hibitions, or other events for which ad7 mission is charged to the general pub8 lic. 

9 ‘‘(iii) SUPPLEMENT NOT SUPPLANT.— 

10 A local educational agency shall use funds 

11 provided under an emergency grant or mod12 ernization grant awarded under this sub13 section only to supplement the amount of 

14 funds that would, in the absence of the Fed15 eral funds provided under the grant, be 

16 made available from non-Federal sources to 

17 carry out emergency repairs of school facili18 ties or to carry out the modernization of 

19 school facilities, as the case may be, and not 

20 to supplant such funds. 

21 ‘‘(B) EMERGENCY GRANTS.— 

22 ‘‘(i) PROHIBITION ON USE OF

23 FUNDS.—A local educational agency that is 

24 awarded an emergency grant under this 

25 subsection may not use amounts under the 


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1 grant for the complete or partial replace2 ment of an existing school facility unless 

3 such replacement is less expensive or more 

4 cost-effective to correct the identified emer5 gency. 

6 ‘‘(ii) CARRY-OVER OF CERTAIN APPLI7 CATIONS.—In the case of a local educational 

8 agency that applies for an emergency grant 

9 under this subsection for a fiscal year and 

10 does not receive the grant for the fiscal year, 

11 the Secretary— 

12 ‘‘(I) shall, upon the request of the 

13 agency, treat the application as an ap14 plication for an emergency grant 

15 under this subsection for the subsequent 

16 fiscal year in accordance with the pri17 ority requirements of paragraph (2); 

18 and 

19 ‘‘(II) shall allow the agency to 

20 amend or otherwise update the appli21 cation, as appropriate. 

22 ‘‘(6) APPLICATION.—A local educational agency 

23 that desires to receive an emergency grant or a mod24 ernization grant under this subsection shall submit 

25 an application to the Secretary at such time, in such 


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1 manner, and accompanied by such information as the 

2 Secretary may require. Each application shall con3 tain the following: 

4 ‘‘(A) The information described in clauses 

5 (i) through (iv) of paragraph (4)(A) and sub6 paragraphs (B) and (C) of paragraph (4). 

7 ‘‘(B) In the case of an application for an 

8 emergency grant— 

9 ‘‘(i) a description of the school facility 

10 deficiency that poses a health or safety haz11 ard to the occupants of the facility and a 

12 description of how the deficiency will be re13 paired; and 

14 ‘‘(ii) a signed statement from an ap15 propriate local official certifying that a de16 ficiency in the school facility threatens the 

17 health or safety of the occupants of the facil18 ity or that prevents the use of all or a por19 tion of the building. 

20 ‘‘(C) In the case of an application for a 

21 modernization grant— 

22 ‘‘(i) an explanation of the need for the 

23 school facility modernization project; and 


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1 ‘‘(ii) the date on which original con2 struction of the facility to be modernized 

3 was completed. 

4 ‘‘(D) A description of the project for which 

5 a grant under this subsection would be used, in6 cluding a cost estimate for the project. 

7 ‘‘(E) A description of the interest in, or au8 thority over, the school facility involved, such as 

9 an ownership interest or a lease arrangement. 

10 ‘‘(F) Such other information and assur11 ances as the Secretary may reasonably require. 

12 ‘‘(7) REPORT.— 

13 ‘‘(A) IN GENERAL.—Not later than January 

14 1 of each year, the Secretary shall prepare and 

15 submit to the appropriate congressional commit16 tees a report that contains a justification for 

17 each grant awarded under this subsection for the 

18 prior fiscal year. 

19 ‘‘(B) DEFINITION.—In this paragraph, the 

20 term ‘appropriate congressional committees’ 

21 means— 

22 ‘‘(i) the Committee on Appropriations 

23 and the Committee on Education and the 

24 Workforce of the House of Representatives; 

25 and 


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1 ‘‘(ii) the Committee on Appropriations 

2 and the Committee on Health, Education, 

3 Labor and Pensions of the Senate.’’. 

4 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

5 8014(e) (20 U.S.C. 7714(e)) is amended by striking ‘‘for 

6 each of the three succeeding fiscal years’’ and inserting ‘‘for 

7 fiscal year 2001, $150,000,000 for fiscal year 2002, and 

8 such sums as may be necessary for each of the four suc9 ceeding fiscal years’’. 

10 SEC. 604. STATE CONSIDERATION OF PAYMENTS IN PRO11 VIDING STATE AID. 

12 Section 8009(b)(1) (20 U.S.C. 7709(b)(1)) is amended 

13 by inserting after ‘‘section 8003(a)(2)(B)’’ the following: 

14 ‘‘and, with respect to a local educational agency that re15 ceives a payment under section 8003(b)(2), the amount in 

16 excess of the amount that the agency would receive if the 

17 agency were deemed to be an agency eligible to receive a 

18 payment under section 8003(b)(1) and not section 

19 8003(b)(2)’’. 

20 SEC. 605. AUTHORIZATION OF APPROPRIATIONS. 

21 Section 8014 (20 U.S.C. 7714) is amended by striking 

22 ‘‘three succeeding fiscal years’’ each place it appears and 

23 inserting ‘‘six succeeding fiscal years’’. 


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1 SEC. 606. REPEAL OF EXISTING TITLE VI; TRANSFER AND 

2 REDESIGNATION OF PROGRAM. 

3 (a) REPEAL OF EXISTING TITLE VI.—Title VI (20 

4 U.S.C. 7301 et seq.) is repealed. 

5 (b) TRANSFER AND REDESIGNATION OF PROGRAM.— 

6 (1) Title VIII (20 U.S.C. 7701 et seq.)— 

7 (A) is transferred from the current placement of 

8 the title and inserted after title V; and 

9 (B) is redesignated as title VI. 

10 (2) Title VI (as redesignated by paragraph (1)(B)) is 

11 amended— 

12 (A) by redesignating sections 8001 through 8005 

13 (20 U.S.C. 7701–7705) as sections 6001 through 

14 6005, respectively; and 

15 (B) by redesignating sections 8007 through 8014 

16 (20 U.S.C. 7707–7714) as sections 6006 through 

17 6013, respectively. 

18 (c) CONFORMING AMENDMENTS.—(1) Title VI (as re19 designated by subsection (b)) is amended by striking 

20 ‘‘8002’’, ‘‘8003’’, ‘‘8004’’, ‘‘8005’’, ‘‘8008’’, ‘‘8009’’, ‘‘8011’’, 

21 ‘‘8013’’, and ‘‘8014’’ each place such terms appear and in22 serting ‘‘6002’’, ‘‘6003’’, ‘‘6004’’, ‘‘6005’’, ‘‘6007’’, ‘‘6008’’, 

23 ‘‘6010’’, ‘‘6012’’, and ‘‘6013’’, respectively. 

24 (2) Section 6005 (as redesignated by subsection (b)) 

25 is amended in the heading by striking ‘‘8002 AND 8003’’ 

26 and inserting ‘‘6002 AND 6003’’. 


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1 (3) Section 6009(c)(1) (as redesignated by subsection 

2 (b)) is amended in the heading by striking ‘‘8003’’ and in3 serting ‘‘6003’’. 

4 (d) SAVINGS PROVISION.—Funds appropriated for 

5 title VIII of the Elementary and Secondary Education Act 

6 of 1965 (as in effect on the day before the date of the enact7 ment of this Act) shall be available for use under title VI 

8 of such Act, as added by this section. 

9 TITLE VII—ACCOUNTABILITY 

10 SEC. 701. FLEXIBILITY AND ACCOUNTABILITY. 

11 Title VII is amended to read as follows: 

12 ‘‘TITLE VII—FLEXIBILITY AND 

13 ACCOUNTABILITY 

14 ‘‘PART A—STATE ACCOUNTABILITY FOR 

15 IMPROVING ACADEMIC ACHIEVEMENT 

16 ‘‘SEC. 7101. STATE FINANCIAL AWARDS. 

17 ‘‘(a) IN GENERAL.—Beginning in the 2002–2003 

18 school year, the Secretary shall make in accordance with 

19 this section financial awards, to be known as ‘Achievement 

20 in Education Awards’, to States that have made significant 

21 progress in improving educational achievement. 

22 ‘‘(b) CRITERIA OF PROGRESS.—For the purposes of 

23 subsection (a), the Secretary shall judge progress using each 

24 of the following criteria, giving the greatest weight to the 

25 criterion described in paragraph (1): 


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1 ‘‘(1) The progress of the State’s students from 

2 economically disadvantaged families and students 

3 from racial and ethnic minority groups— 

4 ‘‘(A) on the assessments administered by the 

5 State under section 1111; and 

6 ‘‘(B) beginning in the 2003–2004 school 

7 year, on assessments of 4th and 8th grade read8 ing and mathematics under— 

9 ‘‘(i) the State assessments carried out 

10 as part of the National Assessment of Edu11 cational Progress under section 411 of the 

12 National Education Statistics Act of 1994 

13 (20 U.S.C. 9010); or 

14 ‘‘(ii) an assessment selected by the 

15 State that— 

16 ‘‘(I) is administered annually; 

17 ‘‘(II) yields high quality data that 

18 are valid and reliable; 

19 ‘‘(III) meets widely recognized 

20 professional and technical standards, 

21 including specific and rigorous test se22 curity procedures; 

23 ‘‘(IV) is developed by an entity 

24 independent from each State and local 

25 government agency in the State in a 


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1 manner that protects against any con2 flict of interest ; 

3 ‘‘(V) has no test questions that are 

4 identical to the test questions used by 

5 the assessment used to meet the State 

6 assessment requirements under section 

7 1111; 

8 ‘‘(VI) provides results in such a 

9 form that they may be expressed in 

10 terms of achievement levels that are 

11 consistent with the achievement levels 

12 (basic, proficient, and advanced) set 

13 forth in section 1111; 

14 ‘‘(VII) provides results in such a 

15 form that they may be disaggregated, 

16 at a minimum, according to income 

17 level and major racial and ethnic 

18 group; and 

19 ‘‘(VIII) is administered to all stu20 dents or to a representative sample of 

21 students in the 4th and 8th grades 

22 statewide, with a sample size that is 

23 sufficiently large to produce statis24 tically significant estimates of state25 wide student achievement. 


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1 ‘‘(2) The overall improvement in the achievement 

2 of all of the State’s students, as measured by— 

3 ‘‘(A) the assessments administered by the 

4 State under section 1111; and 

5 ‘‘(B) beginning in the 2003–2004 school 

6 year, the assessments described in paragraph 

7 (1)(B). 

8 ‘‘(3) The progress of the State in improving the 

9 English proficiency of students who enter school with 

10 limited English proficiency. 

11 ‘‘(c) OTHER CONSIDERATIONS.—In judging a State’s 

12 progress under subsection (a), the Secretary may also con13 sider— 

14 ‘‘(1) the progress of the State in increasing the 

15 percentage of students who graduate from secondary 

16 schools; and 

17 ‘‘(2) the progress of the State in increasing the 

18 percentage of students who take advanced coursework 

19 (such as Advanced Placement or International Bacca20 laureate courses) and who pass the exams associated 

21 with such coursework. 

22 ‘‘(d) AMOUNT.—The Secretary shall determine the 

23 amount of an award under subsection (a) based on— 

24 ‘‘(1) the school-age population of the State; and 


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1 ‘‘(2) the degree of progress shown by a State with 

2 respect to the criteria set forth in subsections (b) and 

3 (c). 

4 ‘‘(e) USE OF FUNDS.— 

5 ‘‘(1) IN GENERAL.—A State receiving a financial 

6 award under this section shall use the proceeds of 

7 such award only to make financial awards to public 

8 elementary and secondary schools in the State that 

9 have made the most significant progress with respect 

10 to the criteria described in subsection (b). 

11 ‘‘(2) USE BY SCHOOLS.—In consultation with 

12 the school’s teachers, the principal of each elementary 

13 or secondary school that receives a financial award 

14 from a State under this section shall use the proceeds 

15 of such award at the school for any educational pur16 pose permitted under State law. 

17 ‘‘(3) RESPONSIBLE STATE AGENCY.—The State 

18 educational agency for each State shall be the agency 

19 responsible for making awards under this subsection. 

20 ‘‘(f) PEER REVIEW.—In selecting States for awards 

21 under subsection (a), the Secretary shall use a peer-review 

22 process. 

23 ‘‘(g) COSTS OF INDEPENDENT ASSESSMENTS.— 

24 ‘‘(1) IN GENERAL.—Subject to paragraph (2), the 

25 Secretary shall make grants to States to offset the 


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1 costs of administering assessments administered by 

2 the States to meet the requirements of (b)(1)(B)(ii). 

3 ‘‘(2) LIMITATIONS.—Grants made by the Sec4 retary in any year to a State under paragraph (1)— 

5 ‘‘(A) may be awarded only to offset the costs 

6 of a single administration of an assessment de7 scribed in such paragraph in the State for that 

8 year; and 

9 ‘‘(B) may not exceed the costs of admin10 istering in the State for that year the State as11 sessments that would be carried out under the 

12 National Assessment of Educational Progress de13 scribed in subsection (b)(1)(B). 

14 ‘‘(3) ALLOCATION.—The Secretary may deter15 mine the appropriate methodology of allocating 

16 grants to States under this subsection. 

17 ‘‘SEC. 7102. STATE SANCTIONS. 

18 ‘‘(a) FAILURE TO MAKE PROGRESS.— 

19 ‘‘(1) LOSS OF ADMINISTRATIVE FUNDS.—The 

20 Secretary shall reduce, by 30 percent, the amount of 

21 funding that a State may reserve for State adminis22 tration under the State formula grant programs au23 thorized by this Act if the Secretary determines that, 

24 for 2 consecutive years— 


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1 ‘‘(A) the State’s students from economically 

2 disadvantaged families and students from racial 

3 and ethnic minority groups failed to make ade4 quate yearly progress on the assessments admin5 istered by the State under section 1111; and 

6 ‘‘(B) the State’s students from economically 

7 disadvantaged families and students from racial 

8 and ethnic minority groups failed to make meas9 urable progress in reading and mathematics, as 

10 measured by the 4th and 8th grade assessments 

11 described in subsection (b)(1)(B). 

12 ‘‘(2) FURTHER REDUCTIONS.—In each of the first 2 

13 years after the years described in paragraph (1), the Sec14 retary may increase the reduction described in such para15 graph by any amount not more than a total of an addi16 tional 45 percent. 

17 ‘‘(b) OTHER FAILURES.—In addition to any action 

18 taken under subsection (a)(1) or (a)(2), the Secretary shall 

19 reduce, by 20 percent, the amount of funding that a State 

20 may reserve for State administration under the State for21 mula grant programs authorized by this Act if the Sec22 retary determines that, for 2 consecutive years, the State 

23 failed to make adequate yearly progress— 


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1 ‘‘(1) with respect to the achievement of children 

2 with limited English proficiency under section 

3 1111(b)(2)(C)(iii)(II)(dd); or 

4 ‘‘(2) with respect to the acquisition of English 

5 language proficiency by children with limited English 

6 proficiency under section 1111(b)(2)(C)(iii)(III). 

7 ‘‘(c) USE OF FUNDS FOR IMPROVEMENT.— 

8 ‘‘(1) IN GENERAL.—The Secretary shall require 

9 that any funds reduced under this section be allocated 

10 by the State to local educational agencies in the State 

11 for school improvement purposes described in section 

12 1116. 

13 ‘‘(2) TREATMENT OF FUNDS.—Funds described 

14 in paragraph (1) shall not count toward the amounts 

15 that are required to be reserved by a State for school 

16 improvement under section 1003. 

17 ‘‘SEC. 7103. DEVELOPMENT OF STATE STANDARDS AND AS18 SESSMENTS. 

19 ‘‘(a) IN GENERAL.—The Secretary shall make finan20 cial awards to States to enable the States— 

21 ‘‘(1) to pay the costs of the development of the 

22 additional State assessments and standards required 

23 by section 1111(b), including the costs of working in 

24 voluntary partnerships with other States, at the sole 

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1 sessments and standards if a State chooses to do so; 

2 and 

3 ‘‘(2) if a State has developed the assessments and 

4 standards referred to in paragraph (1), to administer 

5 such assessments or to carry out other activities de6 scribed in this title and other activities related to en7 suring accountability for results in the State’s schools 

8 and local educational agencies, such as— 

9 ‘‘(A) developing academic content and 

10 achievement standards and aligned assessments 

11 in other subjects not required by Section 1111; 

12 ‘‘(B) developing assessments of English lan13 guage proficiency necessary to comply with sec14 tion 1111(b)(7); 

15 ‘‘(C) assuring the continued validity and 

16 reliability of State assessments; 

17 ‘‘(D) refining State assessments to ensure 

18 their continued alignment with the State’s aca19 demic content standards and to improve the 

20 alignment of curricula and instruction mate21 rials; 

22 ‘‘(E) providing for multiple measures to in23 crease the reliability and validity of student and 

24 school classifications; 


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1 ‘‘(F) strengthening the capacity of local 

2 educational agencies and schools to provide all 

3 students the opportunity to increase educational 

4 achievement; 

5 ‘‘(G) expanding the range of accommoda6 tions available to students with limited English 

7 proficiency and students with disabilities to im8 prove the rates of inclusion of such students; and 

9 ‘‘(H) improving the dissemination of infor10 mation on student achievement and school per11 formance to parents and the community. 

12 ‘‘(b) BONUSES.—The Secretary shall make a one-time 

13 bonus payment to each State that completes the development 

14 of the assessments described in subsection (a) ahead of the 

15 deadline set forth in section 1111. 

16 ‘‘SEC. 7104. FUNDING. 

17 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— 

18 ‘‘(1) AWARDS AND BONUS PAYMENTS.—For the 

19 purposes of making awards under section 7101 and 

20 bonus payments under section 7103(b), there are au21 thorized to be appropriated $40,000,000 for fiscal 

22 year 2002 and such sums as may be necessary for 

23 each of fiscal years 2003 through 2006. 

24 ‘‘(2) GRANTS FOR INDEPENDENT ASSESSMENTS; 

25 ADMINISTRATION OF STATE ASSESSMENTS UNDER


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1 NAEP.—For the purposes of making grants to offset 

2 the costs of independent assessments under section 

3 7101(g) and for the purposes of administering the 

4 State assessments carried out under the National As5 sessment of Educational Progress referred to in sec6 tion 7101(b)(1)(B)(i), there are authorized to be ap7 propriated to the Secretary $69,000,000 for fiscal 

8 year 2002 and such sums as may be necessary for 

9 each of fiscal years 2003 through 2006. 

10 ‘‘(3) DEVELOPMENT AND ADMINISTRATION OF

11 STATE STANDARDS AND ASSESSMENTS.—For the pur12 poses of carrying out subsection 7103(a), there are au13 thorized to be appropriated $400,000,000 for fiscal 

14 year 2002 and such sums as may be necessary for 

15 each of the fiscal years 2003 through 2005. 

16 ‘‘(b) ALLOCATION OF APPROPRIATED FUNDS.—From 

17 each of the amounts appropriated under subsection (a), the 

18 Secretary shall allocate to the States— 

19 ‘‘(1) 50 percent based on the relative number of 

20 children aged 5 to 17 in each State; and 

21 ‘‘(2) 50 percent allocated equally among the 

22 States. 


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1 ‘‘PART B—FUNDING FLEXIBILITY FOR STATE AND 

2 LOCAL EDUCATIONAL AGENCIES 

3 ‘‘SEC. 7201. SHORT TITLE. 

4 ‘‘This part may be cited as the ‘State and Local Trans5 ferability Act’. 

6 ‘‘SEC. 7202. PURPOSE. 

7 ‘‘The purpose of this part is to allow States and local 

8 educational agencies the flexibility— 

9 ‘‘(1) to target Federal funds to Federal programs 

10 that most effectively address the unique needs of 

11 States and localities; and 

12 ‘‘(2) to transfer Federal funds allocated to other 

13 activities to allocations for activities authorized under 

14 title I programs. 

15 ‘‘SEC. 7203. TRANSFERABILITY OF FUNDS. 

16 ‘‘(a) TRANSFERS BY STATES.— 

17 ‘‘(1) IN GENERAL.—In accordance with this 

18 part, a State may transfer up 50 percent of the non19 administrative State funds allocated to the State for 

20 use for State-level activities under each of the fol21 lowing provisions to 1 or more of the State’s alloca22 tions under any other of such provisions: 

23 ‘‘(A) Part A of Title II. 

24 ‘‘(B) Subpart 1 of part A of title IV. 

25 ‘‘(C) Part A or B of title V. 


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1 ‘‘(2) SUPPLEMENTAL FUNDS FOR TITLE I.—In 

2 accordance with this part, a State may transfer any 

3 funds allocated to the State under a provision listed 

4 in paragraph (1) to its allocation under title I. 

5 ‘‘(b) TRANSFERS BY LOCAL EDUCATIONAL AGEN6 CIES.— 

7 ‘‘(1) AUTHORITY TO TRANSFER FUNDS.— 

8 ‘‘(A) IN GENERAL.—In accordance with this 

9 part, a local educational agency (except a local 

10 educational agency identified for improvement 

11 under section 1116(c)(2) or subject to corrective 

12 action under section 1116(c)(9)) may transfer 

13 not more than 50 percent of the funds allocated 

14 to it under each of the provisions listed in para15 graph (2) for a fiscal year to 1 or more of its 

16 allocations for such fiscal year under any other 

17 provision listed in paragraph (2). 

18 ‘‘(B) AGENCIES IDENTIFIED FOR IMPROVE19 MENT.—A local educational agency identified for 

20 improvement under section 1116(c)(2) may 

21 transfer in accordance with this part not more 

22 than 30 percent of the funds allocated to it under 

23 each of the provisions listed in paragraph (2)— 

24 ‘‘(i) to its allocation for school im25 provement under section 1003; 


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1 ‘‘(ii) to any other allocation if such 

2 transferred funds are used only for local 

3 educational agency improvement activities 

4 consistent with section 1116(d). 

5 ‘‘(C) SUPPLEMENTAL FUNDS FOR TITLE

6 I.—In accordance with this part, a local edu7 cational agency may transfer funds allocated to 

8 such agency under a provision listed in para9 graph (2) to its allocation under title I. 

10 ‘‘(2) APPLICABLE PROVISIONS.—A local edu11 cational agency may transfer funds under subpara12 graph (A) or (B) from allocations made under each 

13 of the following provisions: 

14 ‘‘(A) Title II. 

15 ‘‘(B) Subpart 1 of Part A of title IV. 

16 ‘‘(C) Part A of title V or section 5212(2)(A). 

17 ‘‘(c) NO TRANSFER OF TITLE I FUNDS.—A State or 

18 a local educational agency may not transfer under this part 

19 to any other program any funds allocated to it under title 

20 I. 

21 ‘‘(d) MODIFICATION OF PLANS AND APPLICATIONS; NO22 TIFICATION.— 

23 ‘‘(1) STATE TRANSFERS.—Each State that makes 

24 a transfer of funds under this section shall— 


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1 ‘‘(A) modify to account for such transfer 

2 each State plan, or application submitted by the 

3 State, to which such funds relate; 

4 ‘‘(B) not later than 30 days after the date 

5 of such transfer, submit a copy of such modified 

6 plan or application to the Secretary; and 

7 ‘‘(C) not later than 30 days before the effec8 tive date of such transfer, notify the Secretary of 

9 such transfer. 

10 ‘‘(2) LOCAL TRANSFERS.—Each local educational 

11 agency that makes a transfer under this section 

12 shall— 

13 ‘‘(A) modify to account for such transfer 

14 each local plan, or application submitted by the 

15 agency, to which such funds relate; 

16 ‘‘(B) not later than 30 days after the date 

17 of such transfer, submit a copy of such modified 

18 plan or application to the State; and 

19 ‘‘(C) not later than 30 days before the effec20 tive date of such transfer, notify the State of such 

21 transfer. 

22 ‘‘(e) APPLICABLE RULES.— 

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

24 in this part, funds transferred under this section are 

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1 ble to the funds allocated by the Secretary under the 

2 provision to which the transferred funds are trans3 ferred. 

4 ‘‘(2) CONSULTATION.—Each State educational 

5 agency or local educational agency that transfers 

6 funds under this section shall conduct consultations 

7 in accordance with section 8503(c), if such transfer 

8 transfers funds from a program that provides for the 

9 participation of students, teachers, or other edu10 cational personnel, from private schools.’’. 

11 TITLE VIII—GENERAL 

12 PROVISIONS 

13 SEC. 801. GENERAL PROVISIONS. 

14 The Elementary and Secondary Education Act of 

15 1965, as amended by this Act, is further amended by adding 

16 at the end of title VII the following: 

17 ‘‘TITLE VIII—GENERAL 

18 PROVISIONS 

19 ‘‘PART A—DEFINITIONS 

20 ‘‘SEC. 8101. DEFINITIONS. 

21 ‘‘Except as otherwise provided, for the purposes of this 

22 Act, the following terms have the following meanings: 

23 ‘‘(1) Average daily attendance— 


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1 ‘‘(A) Except as provided otherwise by State 

2 law or this paragraph, the term ‘average daily 

3 attendance’ means— 

4 ‘‘(i) the aggregate number of days of 

5 attendance of all students during a school 

6 year; divided by 

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

8 session during such school year. 

9 ‘‘(B) The Secretary shall permit the conver10 sion of average daily membership (or other simi11 lar data) to average daily attendance for local 

12 educational agencies in States that provide State 

13 aid to local educational agencies on the basis of 

14 average daily membership or such other data. 

15 ‘‘(C) If the local educational agency in 

16 which a child resides makes a tuition or other 

17 payment for the free public education of the child 

18 in a school located in another school district, the 

19 Secretary shall, for purposes of this Act— 

20 ‘‘(i) consider the child to be in attend21 ance at a school of the agency making such 

22 payment; and 

23 ‘‘(ii) not consider the child to be in at24 tendance at a school of the agency receiving 

25 such payment. 


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1 ‘‘(D) If a local educational agency makes a 

2 tuition payment to a private school or to a pub3 lic school of another local educational agency for 

4 a child with disabilities, as defined in paragraph 

5 (5), the Secretary shall, for the purposes of this 

6 Act, consider such child to be in attendance at 

7 a school of the agency making such payment. 

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

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

10 case of a State or of the United States— 

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

12 funds— 

13 ‘‘(i) the aggregate current expenditures, 

14 during the third fiscal year preceding the 

15 fiscal year for which the determination is 

16 made (or, if satisfactory data for that year 

17 are not available, during the most recent 

18 preceding fiscal year for which satisfactory 

19 data are available) of all local educational 

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

21 United States for all States (which, for the 

22 purpose of this paragraph, means the 50 

23 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) BEGINNING TEACHER.—The term ‘begin9 ning teacher’ means an educator in a public school 

10 who has been teaching less than a total of 3 complete 

11 school years. 

12 ‘‘(4) CHILD.—The term ‘child’ means any person 

13 within the age limits for which the State provides free 

14 public education. 

15 ‘‘(5) CHILD WITH DISABILITY.—The term ‘child 

16 with a disability’ means a child— 

17 ‘‘(A) with mental retardation, hearing im18 pairments (including deafness), speech or lan19 guage impairments, visual impairments (includ20 ing blindness), serious emotional disturbance 

21 (hereinafter referred to as ‘emotional disturb22 ance’), orthopedic impairments, autism, trau23 matic brain injury, other health impairments, or 

24 specific learning disabilities; and 


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1 ‘‘(B) who, by reason thereof, needs special 

2 education and related services. 

3 ‘‘(6) COMMUNITY-BASED ORGANIZATION.—The 

4 term ‘community-based organization’ means a public 

5 or private nonprofit organization of demonstrated ef6 fectiveness that— 

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

8 significant segments of a community; and 

9 ‘‘(B) provides educational or related services 

10 to individuals in the community. 

11 ‘‘(7) CONSOLIDATED LOCAL APPLICATION.—The 

12 term ‘consolidated local application’ means an appli13 cation submitted by a local educational agency pursu14 ant to section 14305. 

15 ‘‘(8) CONSOLIDATED LOCAL PLAN.—The term 

16 ‘consolidated local plan’ means a plan submitted by 

17 a local educational agency pursuant to section 14305. 

18 ‘‘(9) CONSOLIDATED STATE APPLICATION.—The 

19 term ‘consolidated State application’ means an appli20 cation submitted by a State educational agency pur21 suant to section 14302. 

22 ‘‘(10) CONSOLIDATED STATE PLAN.—The term 

23 ‘consolidated State plan’ means a plan submitted by 

24 a State educational agency pursuant to section 

25 14302. 


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1 ‘‘(11) COUNTY.—The term ‘county’ means one of 

2 the divisions of a State used by the Secretary of Com3 merce in compiling and reporting data regarding 

4 counties. 

5 ‘‘(12) COVERED PROGRAM.—The term ‘covered 

6 program’ means each of the programs authorized 

7 by— 

8 ‘‘(A) part A of title I; 

9 ‘‘(B) part B of title I; 

10 ‘‘(C) part C of title I; 

11 ‘‘(D) part D of title I; 

12 ‘‘(E) part F of title I; 

13 ‘‘(F) part G of title I; 

14 ‘‘(G) part A of title II; 

15 ‘‘(H) part A of title III; 

16 ‘‘(I) part A of title V; 

17 ‘‘(J) part B of title V; and 

18 ‘‘(K) part A of title IV: 

19 ‘‘(13) CURRENT EXPENDITURES.—The term ‘cur20 rent expenditures’ means expenditures for free public 

21 education— 

22 ‘‘(A) including expenditures for administra23 tion, instruction, attendance, pupil transpor24 tation services, operation and maintenance of 

25 plant, fixed charges, and net expenditures to 


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1 cover deficits for food services and student body 

2 activities; but 

3 ‘‘(B) not including expenditures for commu4 nity services, capital outlay, and debt service, or 

5 any expenditures made from funds received 

6 under title I and part A of title IV. 

7 ‘‘(14) DEPARTMENT.—The term ‘Department’ 

8 means the Department of Education. 

9 ‘‘(15) EDUCATIONAL SERVICE AGENCY.—The 

10 term ‘educational service agency’ means a regional 

11 public multiservice agency authorized by State statute 

12 to develop, manage, and provide services or programs 

13 to local educational agencies. 

14 ‘‘(16) EFFECTIVE SCHOOLS PROGRAM.—The term 

15 ‘effective schools program’ means a school-based pro16 gram that may encompass preschool through sec17 ondary school levels and that has the objectives of— 

18 ‘‘(A) promoting school-level planning, in19 structional improvement, and staff development; 

20 ‘‘(B) increasing the academic achievement 

21 levels of all children and particularly education22 ally disadvantaged children; and 

23 ‘‘(C) achieving as ongoing conditions in the 

24 school the following factors identified through 


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1 scientifically based research as distinguishing ef2 fective from ineffective schools: 

3 ‘‘(i) Strong and effective administra4 tive and instructional leadership that cre5 ates consensus on instructional goals and 

6 organizational capacity for instructional 

7 problem solving. 

8 ‘‘(ii) Emphasis on the acquisition of 

9 basic and advanced academic skills. 

10 ‘‘(iii) A safe and orderly school envi11 ronment that allows teachers and pupils to 

12 focus their energies on academic achieve13 ment. 

14 ‘‘(iv) Continuous review of students 

15 and programs to evaluate the effects of in16 struction. 

17 ‘‘(17) ELEMENTARY SCHOOL.—The term ‘elemen18 tary school’ means a nonprofit institutional day or 

19 residential school, including a public elementary 

20 charter school, that provides elementary education, as 

21 determined under State law. 

22 ‘‘(18) ESSENTIAL COMPONENTS OF READING IN23 STRUCTION.—The term ‘essential components of read24 ing instruction’ means explicit and systematic in25 struction in— 


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1 ‘‘(A) phonemic awareness; 

2 ‘‘(B) phonics; 

3 ‘‘(C) vocabulary development; 

4 ‘‘(D) reading fluency; and 

5 ‘‘(E) reading comprehension strategies. 

6 ‘‘(19) FAMILY LITERACY SERVICES.—The term 

7 ‘family literacy services’ means services provided to 

8 participants on a voluntary basis that are of suffi9 cient intensity in terms of hours, and of sufficient du10 ration, to make sustainable changes in a family, and 

11 that integrate all of the following activities: 

12 ‘‘(A) Interactive literacy activities between 

13 parents and their children. 

14 ‘‘(B) Training for parents regarding how to 

15 be the primary teacher for their children and full 

16 partners in the education of their children. 

17 ‘‘(C) Parent literacy training that leads to 

18 economic self-sufficiency. 

19 ‘‘(D) An age-appropriate education to pre20 pare children for success in school and life expe21 riences. 

22 ‘‘(20) FREE PUBLIC EDUCATION.—The term ‘free 

23 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 or secondary school edu5 cation as determined under applicable State law, 

6 except that such term does not include any edu7 cation provided beyond grade 12. 

8 ‘‘(21) FULLY QUALIFIED.—The term ‘fully quali9 fied’— 

10 ‘‘(A) when used with respect to a public ele11 mentary or secondary school teacher means that 

12 the teacher has obtained State certification as a 

13 teacher (including certification obtained through 

14 alternative routes to certification) or passed the 

15 State teacher licensing exam and holds a license 

16 to teach in such State, except that when used 

17 with respect to any teacher teaching in a public 

18 charter school, means that the teacher meets the 

19 requirements set forth in the State’s public char20 ter school law; and 

21 ‘‘(B) when used with respect to— 

22 ‘‘(i) an elementary school teacher, 

23 means that the teacher holds a bachelor’s de24 gree and demonstrates knowledge and teach25 ing skills in reading, writing, mathematics, 


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1 science, and other areas of the elementary 

2 school curriculum; and 

3 ‘‘(ii) a middle or secondary school 

4 teacher, means that the teacher holds a 

5 bachelor’s degree and demonstrates a high 

6 level of competency in all subject areas in 

7 which he or she teaches through— 

8 ‘‘(I) a passing level of perform9 ance on a rigorous State or local aca10 demic subject areas test; or 

11 ‘‘(II) completion of an academic 

12 major in each of the subject areas in 

13 which he or she provides instruction. 

14 ‘‘(22) GIFTED AND TALENTED.—The term ‘gifted 

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

16 children or youth, means students, children or youth 

17 who give evidence of high performance capability in 

18 areas such as intellectual, creative, artistic, or leader19 ship capacity, or in specific academic fields, and who 

20 require services or activities not ordinarily provided 

21 by the school in order to fully develop such capabili22 ties. 

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

24 The term ‘institution of higher education’ has the 


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1 meaning given that term in section 101 of the Higher 

2 Education Act of 1965. 

3 ‘‘(24) LIMITED ENGLISH PROFICIENT STU4 DENT.—The term ‘limited English proficient student’ 

5 means an individual aged 5 through 17 enrolled in 

6 an elementary school or secondary school— 

7 ‘‘(A) who— 

8 ‘‘(i) was not born in the United States 

9 or whose native language is a language 

10 other than English; 

11 ‘‘(ii)(I) is a Native American or Alas12 ka Native, or a native resident of the out13 lying areas; and 

14 ‘‘(II) comes from an environment 

15 where a language other than English has 

16 had a significant impact on such individ17 ual’s level of English language proficiency; 

18 or 

19 ‘‘(iii) is migratory, whose native lan20 guage is a language other than English, and 

21 who comes from an environment where a 

22 language other than English is dominant; 

23 and 

24 ‘‘(B) who has sufficient difficulty speaking, 

25 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)(4) in 

6 core academic subjects; or 

7 ‘‘(ii) the opportunity to participate 

8 fully in society. 

9 ‘‘(25) LOCAL EDUCATIONAL AGENCY.—(A) The 

10 term ‘local educational agency’ means a public board 

11 of education or other public authority legally con12 stituted within a State for either administrative con13 trol or direction of, or to perform a service function 

14 for, public elementary or secondary schools in a city, 

15 county, township, school district, or other political 

16 subdivision of a State, or for such combination of 

17 school districts or counties as are recognized in a 

18 State as an administrative agency for its public ele19 mentary or secondary schools. 

20 ‘‘(B) The term includes any other public institu21 tion or agency having administrative control and di22 rection of a public elementary or secondary school. 

23 ‘‘(C) The term includes an elementary or sec24 ondary school funded by the Bureau of Indian Affairs 

25 but only to the extent that such inclusion makes such 


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1 school eligible for programs for which specific eligi2 bility is not provided to such school in another provi3 sion of law and such school does not have a student 

4 population that is smaller than the student popu5 lation of the local educational agency receiving assist6 ance under this Act with the smallest student popu7 lation, except that such school shall not be subject to 

8 the jurisdiction of any State educational agency other 

9 than the Bureau of Indian Affairs. 

10 ‘‘(D) The term includes educational service agen11 cies and consortia of such agencies. 

12 ‘‘(26) MENTORING.—The term ‘mentoring’ means 

13 a program in which an adult works with a child or 

14 youth on a 1-to-1 basis, establishing a supportive re15 lationship, providing academic assistance, and intro16 ducing the child or youth to new experiences that en17 hance the child or youth’s ability to excel in school 

18 and become a responsible citizen. 

19 ‘‘(27) NATIVE AMERICAN AND NATIVE AMERICAN

20 LANGUAGE.—The terms ‘Native American’ and ‘Na21 tive American language’ shall have the same meaning 

22 given such terms in section 103 of the Native Amer23 ican Languages Act of 1990. 

24 ‘‘(28) OTHER STAFF.—The term ‘other staff’ 

25 means pupil services personnel, librarians, career 


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1 guidance and counseling personnel, education aides, 

2 and other instructional and administrative personnel. 

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

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

5 American Samoa, and the Commonwealth of the 

6 Northern Mariana Islands, and through fiscal year 

7 2003 and for the purpose of any discretionary grant 

8 program, includes the freely associated states of the 

9 Republic of the Marshall Islands, the Federated States 

10 of Micronesia, and the Republic of Palau. 

11 ‘‘(30) PARENT.—The term ‘parent’ includes a 

12 legal guardian, or other person standing in loco 

13 parentis (such as a grandparent or stepparent with 

14 whom the child lives, or a person who is legally re15 sponsible for the child’s welfare). 

16 ‘‘(31) PUPIL SERVICES PERSONNEL; PUPIL SERV17 ICES.—(A) The term ‘pupil services personnel’ means 

18 school counselors, school social workers, school psy19 chologists, and other qualified professional personnel 

20 involved in providing assessment, diagnosis, coun21 seling, educational, therapeutic, and other necessary 

22 services (including related services as such term is de23 fined in section 602(22) of the Individuals with Dis24 abilities Education Act) as part of a comprehensive 

25 program to meet student needs. 


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1 ‘‘(B) The term ‘pupil services’ means the services 

2 provided by pupil services personnel. 

3 ‘‘(32) READING.—The term ‘reading’ means a 

4 complex system of deriving meaning from print that 

5 requires all of the following: 

6 ‘‘(A) Skills and knowledge to understand 

7 how phonemes, or speech sounds are connected in 

8 print. 

9 ‘‘(B) Ability to decode unfamiliar words. 

10 ‘‘(C) Ability to read fluently. 

11 ‘‘(D) Sufficient background information 

12 and vocabulary to foster reading comprehensions. 

13 ‘‘(E) Development of appropriate active 

14 strategies to construct meaning from print. 

15 ‘‘(F) Development and maintenance of a 

16 motivation to read. 

17 ‘‘(33) RIGOROUS DIAGNOSTIC READING AND

18 SCREENING ASSESSMENT TOOLS.—The term ‘rigorous 

19 diagnostic reading and screening assessment tools’ 

20 means a diagnostic reading assessment that— 

21 ‘‘(A) is valid, reliable, and grounded on sci22 entifically based reading research; 

23 ‘‘(B) measures progress in developing pho24 nemic awareness and phonics skills, vocabulary, 

25 reading fluency, and reading comprehension; 


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1 ‘‘(C) identifies students who may be at risk 

2 for reading failure or who are having difficulty 

3 reading; and 

4 ‘‘(D) are used to improve instruction. 

5 ‘‘(34) SCIENTIFICALLY BASED RESEARCH.—The 

6 term ‘scientifically based research’— 

7 ‘‘(A) means the application of rigorous, sys8 tematic, and objective procedures to obtain valid 

9 knowledge relevant to education activities and 

10 programs; and 

11 ‘‘(B) shall include research that— 

12 ‘‘(i) employs systematic, empirical 

13 methods that draw on observation or experi14 ment; 

15 ‘‘(ii) involves rigorous data analyses 

16 that are adequate to test the stated 

17 hypotheses and justify the general conclu18 sions drawn; 

19 ‘‘(iii) relies on measurements or obser20 vational methods that provide valid data 

21 across evaluators and observers and across 

22 multiple measurements and observations; 

23 ‘‘(iv) is evaluated using randomized 

24 experiments in which individuals, entities, 

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1 signed to different variations (including a 

2 control condition) to compare the relative 

3 effects of the variations; and 

4 ‘‘(v) has been accepted by a peer-re5 viewed journal or approved by a panel of 

6 independent experts through a comparably 

7 rigorous, objective, and scientific review. 

8 ‘‘(35) SECONDARY SCHOOL.—The term ‘sec9 ondary school’ means a nonprofit institutional day or 

10 residential school, including a public secondary char11 ter school, that provides secondary education, as de12 termined under State law, except that such term does 

13 not include any education beyond grade 12. 

14 ‘‘(36) SECRETARY.—The term ‘Secretary’ means 

15 the Secretary of Education. 

16 ‘‘(37) STATE.—The term ‘State’ means each of 

17 the 50 States, the District of Columbia, the Common18 wealth of Puerto Rico, and each of the outlying areas. 

19 ‘‘(38) STATE EDUCATIONAL AGENCY.—The term 

20 ‘State educational agency’ means the agency pri21 marily responsible for the State supervision of public 

22 elementary and secondary schools. 

23 ‘‘(39) TECHNOLOGY.—The term ‘technology’ 

24 means the latest state-of-the-art technology products 

25 and services. 


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1 ‘‘SEC. 8102. APPLICABILITY OF TITLE. 

2 ‘‘Parts B, C, D, and E of this title do not apply to 

3 title VI of this Act. 

4 ‘‘SEC. 8103. APPLICABILITY TO BUREAU OF INDIAN AFFAIRS 

5 OPERATED SCHOOLS. 

6 ‘‘For purposes of any competitive program under this 

7 Act, a consortia of schools operated by the Bureau of Indian 

8 Affairs, a school operated under a contract or grant with 

9 the Bureau of Indian Affairs in consortia with another con10 tract or grant school or tribal or community organization, 

11 or a Bureau of Indian Affairs school in consortia with an 

12 institution of higher education, a contract or grant school 

13 and tribal or community organization shall be given the 

14 same consideration as a local educational agency. 

15 ‘‘PART B—FLEXIBILITY IN THE USE OF 

16 ADMINISTRATIVE AND OTHER FUNDS 

17 ‘‘SEC. 8201. CONSOLIDATION OF STATE ADMINISTRATIVE 

18 FUNDS FOR ELEMENTARY AND SECONDARY 

19 EDUCATION PROGRAMS. 

20 ‘‘(a) CONSOLIDATION OF ADMINISTRATIVE FUNDS.— 

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

22 may consolidate the amounts specifically made avail23 able to such agency for State administration under 

24 one or more of the programs under paragraph (2) if 

25 such State educational agency can demonstrate that 


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1 the majority of such agency’s resources are derived 

2 from non-Federal sources. 

3 ‘‘(2) APPLICABILITY.—This section applies to 

4 any program under this Act under which funds are 

5 authorized to be used for administration, and such 

6 other programs as the Secretary may designate. 

7 ‘‘(b) USE OF FUNDS.— 

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

9 shall use the amount available under this section for 

10 the administration of the programs included in the 

11 consolidation under subsection (a). 

12 ‘‘(2) ADDITIONAL USES.—A State educational 

13 agency may also use funds available under this sec14 tion for administrative activities designed to enhance 

15 the effective and coordinated use of funds under pro16 grams included in the consolidation under subsection 

17 (a), such as— 

18 ‘‘(A) the coordination of such programs 

19 with other Federal and non-Federal programs; 

20 ‘‘(B) the establishment and operation of 

21 peer-review mechanisms under this Act; 

22 ‘‘(C) the administration of this title; 

23 ‘‘(D) the dissemination of information re24 garding model programs and practices; 


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1 ‘‘(E) technical assistance under any pro2 gram under this Act; 

3 ‘‘(F) State level activities designed to carry 

4 out this title; 

5 ‘‘(G) training personnel engaged in audit 

6 and other monitoring activities; and 

7 ‘‘(H) implementation of the Cooperative 

8 Audit Resolution and Oversight Initiative of the 

9 Department of Education. 

10 ‘‘(c) RECORDS.—A State educational agency that con11 solidates administrative funds under this section shall not 

12 be required to keep separate records, by individual program, 

13 to account for costs relating to the administration of pro14 grams included in the consolidation under subsection (a). 

15 ‘‘(d) REVIEW.—To determine the effectiveness of State 

16 administration under this section, the Secretary may peri17 odically review the performance of State educational agen18 cies in using consolidated administrative funds under this 

19 section and take such steps as the Secretary finds appro20 priate to ensure the effectiveness of such administration. 

21 ‘‘(e) UNUSED ADMINISTRATIVE FUNDS.—If a State 

22 educational agency does not use all of the funds available 

23 to such agency under this section for administration, such 

24 agency may use such funds during the applicable period 


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1 of availability as funds available under one or more pro2 grams included in the consolidation under subsection (a). 

3 ‘‘SEC. 8202. SINGLE LOCAL EDUCATIONAL AGENCY STATES. 

4 ‘‘A State educational agency that also serves as a local 

5 educational agency, in such agency’s applications or plans 

6 under this Act, shall describe how such agency will elimi7 nate duplication in the conduct of administrative functions. 

8 ‘‘SEC. 8203. CONSOLIDATION OF FUNDS FOR LOCAL ADMIN9 ISTRATION. 

10 ‘‘(a) GENERAL AUTHORITY.—In accordance with regu11 lations of the Secretary and for any fiscal year, a local edu12 cational agency, with the approval of its State educational 

13 agency, may consolidate and use for the administration of 

14 one or more programs under this Act (or such other pro15 grams as the Secretary shall designate) not more than the 

16 percentage, established in each such program, of the total 

17 available for the local educational agency under such pro18 grams. 

19 ‘‘(b) STATE PROCEDURES.—Within one-year from the 

20 date of enactment of the No Child Left Behind Act of 2001, 

21 a State educational agency shall, in collaboration with local 

22 educational agencies in the State, establish procedures for 

23 responding to requests from local educational agencies to 

24 consolidate administrative funds under subsection (a) and 

25 for establishing limitations on the amount of funds under 


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1 such programs that may be used for administration on a 

2 consolidated basis. 

3 ‘‘(c) CONDITIONS.—A local educational agency that 

4 consolidates administrative funds under this section for any 

5 fiscal year shall not use any other funds under the programs 

6 included in the consolidation for administration for that 

7 fiscal year. 

8 ‘‘(d) USES OF ADMINISTRATIVE FUNDS.—A local edu9 cational agency that consolidates administrative funds 

10 under this section may use such consolidated funds for the 

11 administration of such programs and for uses, at the school 

12 district and school levels, comparable to those described in 

13 section 8201(b)(2). 

14 ‘‘(e) RECORDS.—A local educational agency that con15 solidates administrative funds under this section shall not 

16 be required to keep separate records, by individual program, 

17 to account for costs relating to the administration of such 

18 programs included in the consolidation. 

19 ‘‘SEC. 8204. CONSOLIDATED SET-ASIDE FOR DEPARTMENT 

20 OF THE INTERIOR FUNDS. 

21 ‘‘(a) GENERAL AUTHORITY.— 

22 ‘‘(1) TRANSFER.—The Secretary shall transfer to 

23 the Department of the Interior, as a consolidated 

24 amount for covered programs, the Indian education 

25 programs under subpart 1 of part B of title III, and 


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1 the education for homeless children and youth pro2 gram under subtitle B of title VII of the Stewart B. 

3 McKinney Homeless Assistance Act, the amounts al4 lotted to the Department of the Interior under those 

5 programs. 

6 ‘‘(2) AGREEMENT.—(A) The Secretary and the 

7 Secretary of the Interior shall enter into an agree8 ment, consistent with the requirements of the pro9 grams specified in paragraph (1), for the distribution 

10 and use of those program funds under terms that the 

11 Secretary determines best meet the purposes of those 

12 programs. 

13 ‘‘(B) The agreement shall— 

14 ‘‘(i) set forth the plans of the Secretary of 

15 the Interior for the use of the amount transferred 

16 and the performance measures to assess program 

17 effectiveness, including measurable goals and ob18 jectives; and 

19 ‘‘(ii) be developed in consultation with In20 dian tribes. 

21 ‘‘(b) ADMINISTRATION.—The Department of the Inte22 rior may use not more than 1.5 percent of the funds consoli23 dated under this section for such department’s costs related 

24 to the administration of the funds transferred under this 

25 section. 


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1 ‘‘PART C—COORDINATION OF PROGRAMS; CON2 SOLIDATED STATE AND LOCAL PLANS AND 

3 APPLICATIONS 

4 ‘‘SEC. 8301. PURPOSE. 

5 ‘‘The purposes of this part are to improve teaching and 

6 learning through greater coordination between programs 

7 and to provide greater flexibility to State and local authori8 ties by allowing the consolidation of State and local plans, 

9 applications, and reporting. 

10 ‘‘SEC. 8302. OPTIONAL CONSOLIDATED STATE PLANS OR AP11 PLICATIONS. 

12 ‘‘(a) GENERAL AUTHORITY.— 

13 ‘‘(1) SIMPLIFICATION.—In order to simplify ap14 plication requirements and reduce the burden for 

15 States under this Act, the Secretary, in accordance 

16 with subsection (b), shall establish procedures and cri17 teria under which a State educational agency, in con18 sultation with the State’s Governor, may submit a 

19 consolidated State plan or a consolidated State appli20 cation meeting the requirements of this section for— 

21 ‘‘(A) any programs under this Act in which 

22 the State participates; and 

23 ‘‘(B) such other programs as the Secretary 

24 may designate. 

25 ‘‘(2) CONSOLIDATED APPLICATIONS AND

26 PLANS.—A State educational agency, in consultation 


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1 with the State’s Governor, that submits a consolidated 

2 State plan or a consolidated State application under 

3 this section shall not be required to submit a separate 

4 State plan or application for a program included in 

5 the consolidated State plan or application. 

6 ‘‘(b) COLLABORATION.— 

7 ‘‘(1) IN GENERAL.—In establishing criteria and 

8 procedures under this section, the Secretary shall col9 laborate with Governors, State educational agencies 

10 and, as appropriate, with other State agencies, local 

11 educational agencies, public and private nonprofit 

12 agencies, organizations, and institutions, private 

13 schools, and representatives of parents, students, and 

14 teachers. 

15 ‘‘(2) CONTENTS.—Through the collaborative 

16 process described in paragraph (1), the Secretary 

17 shall establish, for each program under the Act to 

18 which this section applies, the descriptions, informa19 tion, assurances, and other material required to be in20 cluded in a consolidated State plan or consolidated 

21 State application. 

22 ‘‘(3) NECESSARY MATERIALS.—The Secretary 

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1 essary for the consideration of the consolidated State 

2 plan or consolidated State application. 

3 ‘‘SEC. 8303. CONSOLIDATED REPORTING. 

4 ‘‘In order to simplify reporting requirements and re5 duce reporting burdens, the Secretary shall establish proce6 dures and criteria under which a State educational agency, 

7 in consultation with the State’s Governor, may submit a 

8 consolidated State annual report. Such report shall contain 

9 information about the programs included in the report, in10 cluding the State’s performance under those programs, and 

11 other matters as the Secretary determines, such as moni12 toring activities. Such a report shall take the place of sepa13 rate individual annual reports for the programs subject to 

14 it. 

15 ‘‘SEC. 8304. GENERAL APPLICABILITY OF STATE EDU16 CATIONAL AGENCY ASSURANCES. 

17 ‘‘(a) ASSURANCES.—A State educational agency, in 

18 consultation with the State’s Governor, that submits a con19 solidated State plan or consolidated State application 

20 under this Act, whether separately or under section 8302, 

21 shall have on file with the Secretary a single set of assur22 ances, applicable to each program for which such plan or 

23 application is submitted, that provides that— 


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1 ‘‘(1) each such program will be administered in 

2 accordance with all applicable statutes, regulations, 

3 program plans, and applications; 

4 ‘‘(2)(A) the control of funds provided under each 

5 such program and title to property acquired with 

6 program funds will be in a public agency, in a non7 profit private agency, institution, or organization, or 

8 in an Indian tribe if the law authorizing the program 

9 provides for assistance to such entities; and 

10 ‘‘(B) the public agency, nonprofit private agen11 cy, institution, or organization, or Indian tribe will 

12 administer such funds and property to the extent re13 quired by the authorizing law; 

14 ‘‘(3) the State will adopt and use proper methods 

15 of administering each such program, including— 

16 ‘‘(A) the enforcement of any obligations im17 posed by law on agencies, institutions, organiza18 tions, and other recipients responsible for car19 rying out each program; 

20 ‘‘(B) the correction of deficiencies in pro21 gram operations that are identified through au22 dits, monitoring, or evaluation; and 

23 ‘‘(C) the adoption of written procedures for 

24 the receipt and resolution of complaints alleging 


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1 violations of law in the administration of such 

2 programs; 

3 ‘‘(4) the State will cooperate in carrying out any 

4 evaluation of each such program conducted by or for 

5 the Secretary or other Federal officials; 

6 ‘‘(5) the State will use such fiscal control and 

7 fund accounting procedures as will ensure proper dis8 bursement of, and accounting for, Federal funds paid 

9 to the State under each such program; 

10 ‘‘(6) the State will— 

11 ‘‘(A) make reports to the Secretary as may 

12 be necessary to enable the Secretary to perform 

13 the Secretary’s duties under each such program; 

14 and 

15 ‘‘(B) maintain such records, provide such 

16 information to the Secretary, and afford access 

17 to the records as the Secretary may find nec18 essary to carry out the Secretary’s duties; and 

19 ‘‘(7) before the plan or application was sub20 mitted to the Secretary, the State has afforded a rea21 sonable opportunity for public comment on the plan 

22 or application and has considered such comment. 

23 ‘‘(b) GEPA PROVISION.—Section 441 of the General 

24 Education Provisions Act shall not apply to programs 

25 under this Act. 


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1 ‘‘SEC. 8305. CONSOLIDATED LOCAL PLANS OR APPLICA2 TIONS. 

3 ‘‘(a) GENERAL AUTHORITY.—A local educational 

4 agency receiving funds under more than one program under 

5 this Act may submit plans or applications to the Governor 

6 and State educational agency under such programs on a 

7 consolidated basis. 

8 ‘‘(b) REQUIRED CONSOLIDATED PLANS OR APPLICA9 TIONS.—A State that has an approved consolidated State 

10 plan or application under section 8302 may require local 

11 educational agencies in the State receiving funds under 

12 more than one program included in the consolidated State 

13 plan or consolidated State application to submit consoli14 dated local plans or applications under such programs, but 

15 may not require such agencies to submit separate plans. 

16 ‘‘(c) COLLABORATION.—A Governor and State edu17 cational agency shall collaborate with local educational 

18 agencies in the State in establishing procedures for the sub19 mission of the consolidated State plans or consolidated 

20 State applications under this section. 

21 ‘‘(d) NECESSARY MATERIALS.—The State shall require 

22 only descriptions, information, assurances, and other mate23 rial that are absolutely necessary for the consideration of 

24 the local educational agency plan or application. 


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1 ‘‘SEC. 8306. OTHER GENERAL ASSURANCES. 

2 ‘‘(a) ASSURANCES.—Any applicant other than a State 

3 that submits a plan or application under this Act, shall 

4 have on file with the State a single set of assurances, appli5 cable to each program for which a plan or application is 

6 submitted, that provides that— 

7 ‘‘(1) each such program will be administered in 

8 accordance with all applicable statutes, regulations, 

9 program plans, and applications; 

10 ‘‘(2)(A) the control of funds provided under each 

11 such program and title to property acquired with 

12 program funds will be in a public agency or in a 

13 nonprofit private agency, institution, organization, or 

14 Indian tribe, if the law authorizing the program pro15 vides for assistance to such entities; and 

16 ‘‘(B) the public agency, nonprofit private agen17 cy, institution, or organization, or Indian tribe will 

18 administer such funds and property to the extent re19 quired by the authorizing statutes; 

20 ‘‘(3) the applicant will adopt and use proper 

21 methods of administering each such program, includ22 ing— 

23 ‘‘(A) the enforcement of any obligations im24 posed by law on agencies, institutions, organiza25 tions, and other recipients responsible for car26 rying out each program; and 


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1 ‘‘(B) the correction of deficiencies in pro2 gram operations that are identified through au3 dits, monitoring, or evaluation; 

4 ‘‘(4) the applicant will cooperate in carrying out 

5 any evaluation of each such program conducted by or 

6 for the State educational agency, the Secretary or 

7 other Federal officials; 

8 ‘‘(5) the applicant will use such fiscal control 

9 and fund accounting procedures as will ensure proper 

10 disbursement of, and accounting for, Federal funds 

11 paid to such applicant under each such program; 

12 ‘‘(6) the applicant will— 

13 ‘‘(A) make reports to the Governor and 

14 State educational agency and the Secretary as 

15 may be necessary to enable such agency and the 

16 Secretary to perform their duties under each 

17 such program; and 

18 ‘‘(B) maintain such records, provide such 

19 information, and afford access to the records as 

20 the Governor and State educational agency or 

21 the Secretary may find necessary to carry out 

22 the State’s or the Secretary’s duties; and 

23 ‘‘(7) before the application was submitted, the 

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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 shall not apply to programs 

5 under this Act. 

6 ‘‘PART D—WAIVERS 

7 ‘‘SEC. 8401. WAIVERS OF STATUTORY AND REGULATORY RE8 QUIREMENTS. 

9 ‘‘(a) IN GENERAL.—Except as provided in subsection 

10 (c), the Secretary may waive any statutory or regulatory 

11 requirement of this Act or the Carl D. Perkins Vocational 

12 and Technical Education Act of 1998 for a State edu13 cational agency, local educational agency, Indian tribe, or 

14 school through a local educational agency, that— 

15 ‘‘(1) receives funds under a program authorized 

16 by this Act; and 

17 ‘‘(2) requests a waiver under subsection (b). 

18 ‘‘(b) REQUEST FOR WAIVER.— 

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

20 local educational agency, or Indian tribe which de21 sires a waiver shall submit a waiver application to 

22 the Secretary that— 

23 ‘‘(A) indicates each Federal program af24 fected and each statutory or regulatory require25 ment requested to be waived; 


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1 ‘‘(B) describes the purpose and overall ex2 pected results of waiving each such requirement; 

3 ‘‘(C) describes, for each school year, specific, 

4 measurable, educational goals for the State edu5 cational agency and for each local educational 

6 agency, Indian tribe, or school that would be af7 fected by the waiver; and 

8 ‘‘(D) explains why the waiver will assist the 

9 State educational agency and each affected local 

10 educational agency, Indian tribe, or school in 

11 reaching such goals. 

12 ‘‘(2) ADDITIONAL INFORMATION.—Such re13 quests— 

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) In the case of a waiver request sub6 mitted by a State educational agency acting in 

7 its own behalf, the State educational agency 

8 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) In the case of a waiver request sub21 mitted by a local educational agency that re22 ceives funds under this Act— 

23 ‘‘(i) such request shall be reviewed by 

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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 part B of title IV; or 

25 ‘‘(9) the prohibitions regarding— 


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1 ‘‘(A) State aid in section 8502; 

2 ‘‘(B) use of funds for religious worship or 

3 instruction in section 8507; and 

4 ‘‘(C) activities in section 8513. 

5 ‘‘(d) DURATION AND EXTENSION OF WAIVER.— 

6 ‘‘(1) IN GENERAL.—Except as provided in para7 graph (2), the duration of a waiver approved by the 

8 Secretary under this section may be for a period not 

9 to exceed 5 years. 

10 ‘‘(2) EXTENSION.—The Secretary may extend the 

11 period described in paragraph (1) if the Secretary de12 termines that— 

13 ‘‘(A) the waiver has been effective in ena14 bling the State or affected recipients to carry out 

15 the activities for which the waiver was requested 

16 and the waiver has contributed to improved stu17 dent performance; and 

18 ‘‘(B) such extension is in the public interest. 

19 ‘‘(e) REPORTS.— 

20 ‘‘(1) LOCAL WAIVER.—A local educational agen21 cy that receives a waiver under this section shall at 

22 the end of the second year for which a waiver is re23 ceived under this section, and each subsequent year, 

24 submit a report to the State educational agency 

25 that— 


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1 ‘‘(A) describes the uses of such waiver by 

2 such agency or by schools; 

3 ‘‘(B) describes how schools continued to pro4 vide assistance to the same populations served by 

5 the programs for which waivers are requested; 

6 and 

7 ‘‘(C) evaluates the progress of such agency 

8 and of schools in improving the quality of in9 struction or the academic performance of stu10 dents. 

11 ‘‘(2) STATE WAIVER.—A State educational agen12 cy that receives reports required under paragraph (1) 

13 shall annually submit a report to the Secretary that 

14 is based on such reports and contains such informa15 tion as the Secretary may require. 

16 ‘‘(3) INDIAN TRIBE WAIVER.—An Indian tribe 

17 that receives a waiver under this section shall annu18 ally submit a report to the Secretary that— 

19 ‘‘(A) describes the uses of such waiver by 

20 schools operated by such tribe; and 

21 ‘‘(B) evaluates the progress of such schools 

22 in improving the quality of instruction or the 

23 academic performance of students. 

24 ‘‘(4) REPORT TO CONGRESS.—Beginning in fis25 cal year 2002 and each subsequent year, the Secretary 


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1 shall submit to the Committee on Education and the 

2 Workforce of the House of Representatives and the 

3 Committee on Health, Education, Labor and Pen4 sions of the Senate a report— 

5 ‘‘(A) summarizing the uses of waivers by 

6 State educational agencies, local educational 

7 agencies, Indian tribes, and schools; and 

8 ‘‘(B) describing whether such waivers— 

9 ‘‘(i) increased the quality of instruc10 tion to students; or 

11 ‘‘(ii) improved the academic perform12 ance of students. 

13 ‘‘(f) TERMINATION OF WAIVERS.—The Secretary shall 

14 terminate a waiver under this section if the Secretary deter15 mines, after notice and an opportunity for a hearing, that 

16 the performance of the State or other recipient affected by 

17 the waiver has been inadequate to justify a continuation 

18 of the waiver or if the waiver is no longer necessary to 

19 achieve its original purposes. 

20 ‘‘(g) PUBLICATION.—A notice of the Secretary’s deci21 sion to grant each waiver under subsection (a) shall be pub22 lished in the Federal Register and the Secretary shall pro23 vide for the dissemination of such notice to State edu24 cational agencies, interested parties, including educators, 


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1 parents, students, advocacy and civil rights organizations, 

2 and the public. 

3 ‘‘PART E—UNIFORM PROVISIONS 

4 ‘‘SEC. 8501. MAINTENANCE OF EFFORT. 

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

6 receive funds under a covered program for any fiscal year 

7 only if the State educational agency finds that either the 

8 combined fiscal effort per student or the aggregate expendi9 tures of such agency and the State with respect to the provi10 sion of free public education by such agency for the pre11 ceding fiscal year was not less than 90 percent of such com12 bined fiscal effort or aggregate expenditures for the second 

13 preceding fiscal year. 

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

15 ‘‘(1) IN GENERAL.—The State educational agen16 cy shall reduce the amount of the allocation of funds 

17 under a covered program in any fiscal year in the 

18 exact proportion to which a local educational agency 

19 fails to meet the requirement of subsection (a) of this 

20 section by falling below 90 percent of both the com21 bined fiscal effort per student and aggregate expendi22 tures (using the measure most favorable to such local 

23 agency). 


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

2 shall be used for computing the effort required under 

3 subsection (a) of this section for subsequent years. 

4 ‘‘(c) WAIVER.—The Secretary may waive the require5 ments of this section if the Secretary determines that such 

6 a waiver would be equitable due to— 

7 ‘‘(1) exceptional or uncontrollable circumstances 

8 such as a natural disaster; or 

9 ‘‘(2) a precipitous decline in the financial re10 sources of the local educational agency. 

11 ‘‘SEC. 8502. PROHIBITION REGARDING STATE AID. 

12 ‘‘A State shall not take into consideration payments 

13 under this Act (other than under title VI) in determining 

14 the eligibility of any local educational agency in such State 

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

16 free public education of children. 

17 ‘‘SEC. 8503. PARTICIPATION BY PRIVATE SCHOOL CHIL18 DREN AND TEACHERS. 

19 ‘‘(a) PRIVATE SCHOOL PARTICIPATION.— 

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

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

22 of eligible children in areas served by a State edu23 cational agency, local educational agency, educational 

24 service agency, consortium of such agencies, or an25 other entity receiving financial assistance under a 


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1 program specified in subsection (b), who are enrolled 

2 in private elementary and secondary schools in areas 

3 served by such agency, consortium or entity, such 

4 agency, consortium or entity shall, after timely and 

5 meaningful consultation with appropriate private 

6 school officials, provide such children and their teach7 ers or other educational personnel, on an equitable 

8 basis, special educational services or other benefits 

9 that address their needs under such program. 

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

11 SERVICES OR BENEFITS.—Educational services or 

12 other benefits, including materials and equipment, 

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

14 and nonideological. 

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

16 other benefits provided under this section for such pri17 vate school children, teachers, and other educational 

18 personnel shall be equitable in comparison to services 

19 and other benefits for public school children, teachers, 

20 and other educational personnel participating in such 

21 program and shall be provided in a timely manner. 

22 ‘‘(4) EXPENDITURES.—Expenditures for edu23 cational services and other benefits provided under 

24 this section to eligible private school children, their 

25 teachers, and other educational personnel serving such 


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1 children shall be equal, taking into account the num2 ber and educational needs of the children to be served, 

3 to the expenditures for participating public school 

4 children. 

5 ‘‘(5) PROVISION OF SERVICES.—Such agency, 

6 consortium or entity described in subsection (a)(1) of 

7 this section may provide such services directly or 

8 through contracts with public and private agencies, 

9 organizations, and institutions. 

10 ‘‘(b) APPLICABILITY.— 

11 ‘‘(1) IN GENERAL.—This section applies to pro12 grams under— 

13 ‘‘(A) part B, subpart 1 of title I; 

14 ‘‘(B) part C of title I; 

15 ‘‘(C) part A of title II; 

16 ‘‘(D) part A of title III. 

17 ‘‘(E) part A of title V; and 

18 ‘‘(F) part B of title V; 

19 ‘‘(2) DEFINITION.—For the purposes of this sec20 tion, the term ‘eligible children’ means children eligi21 ble for services under a program described in para22 graph (1). 

23 ‘‘(c) CONSULTATION.— 

24 ‘‘(1) IN GENERAL.—To ensure timely and mean25 ingful consultation, a State educational agency, local 


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1 educational agency, educational service agency, con2 sortium of such agencies or entity shall consult with 

3 appropriate private school officials during the design 

4 and development of the programs under this Act, on 

5 issues such as— 

6 ‘‘(A) how the children’s needs will be identi7 fied; 

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

9 ‘‘(C) how, where, and by whom the services 

10 will be provided; 

11 ‘‘(D) how the services will be assessed and 

12 how the results of the assessment will be used to 

13 improve such services; 

14 ‘‘(E) the size and scope of the equitable serv15 ices to be provided to the eligible private school 

16 children, teachers, and other educational per17 sonnel and the amount of funds available for 

18 such services; and 

19 ‘‘(F) how and when the agency, consortium, 

20 or entity will make decisions about the delivery 

21 of services, including a thorough consideration 

22 and analysis of the views of the private school of23 ficials on the provision of contract services 

24 through potential third party providers. 


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1 ‘‘(2) DISAGREEMENT.—If the agency, consortium 

2 or entity disagrees with the views of the private school 

3 officials on the provision of services through a con4 tract, the agency, consortium, or entity shall provide 

5 in writing to such private school officials an analysis 

6 of the reasons why the local educational agency has 

7 chosen not to use a contractor. 

8 ‘‘(3) TIMING.—Such consultation shall occur be9 fore the agency, consortium, or entity makes any deci10 sion that affects the opportunities of eligible private 

11 school children, teachers, and other educational per12 sonnel to participate in programs under this Act, and 

13 shall continue throughout the implementation and as14 sessment of activities under this section. 

15 ‘‘(4) DISCUSSION REQUIRED.—Such consultation 

16 shall include a discussion of service delivery mecha17 nisms that the agency, consortium, or entity could use 

18 to provide equitable services to eligible private school 

19 children, teachers, administrators, and other staff. 

20 ‘‘(d) PUBLIC CONTROL OF FUNDS.— 

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

22 provide services under this section, and title to mate23 rials, equipment, and property purchased with such 

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


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1 purposes provided in this Act, and a public agency 

2 shall administer such funds and property. 

3 ‘‘(2) PROVISION OF SERVICES.— 

4 ‘‘(A) The provision of services under this 

5 section shall be provided— 

6 ‘‘(i) by employees of a public agency; 

7 or 

8 ‘‘(ii) through contract by such public 

9 agency with an individual, association, 

10 agency, organization, or other entity. 

11 ‘‘(B) In the provision of such services, such 

12 employee, person, association, agency, organiza13 tion or other entity shall be independent of such 

14 private school and of any religious organization, 

15 and such employment or contract shall be under 

16 the control and supervision of such public agen17 cy. 

18 ‘‘(C) Funds used to provide services under 

19 this section shall not be commingled with non20 Federal funds. 

21 ‘‘SEC. 8504. STANDARDS FOR BY-PASS. 

22 ‘‘If, by reason of any provision of law, a State edu23 cational agency, local educational agency, educational serv24 ice agency, consortium, or other entity of such agencies, is 

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1 grams of children enrolled in, or teachers or other edu2 cational personnel from, private elementary and secondary 

3 schools, on an equitable basis, or if the Secretary determines 

4 that such agency consortium or entity has substantially 

5 failed or is unwilling to provide for such participation, as 

6 required by section 8503, the Secretary shall— 

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

8 such agency, consortium, or entity; 

9 ‘‘(2) arrange for the provision of equitable serv10 ices to such children, teachers, or other educational 

11 personnel through arrangements that shall be subject 

12 to the requirements of this section and of sections 

13 8503, 8505, and 8506; and 

14 ‘‘(3) in making the determination, consider one 

15 or more factors, including the quality, size, scope, lo16 cation of the program and the opportunity of private 

17 school children, teachers, and other educational per18 sonnel to participate. 

19 ‘‘SEC. 8505. COMPLAINT PROCESS FOR PARTICIPATION OF 

20 PRIVATE SCHOOL CHILDREN. 

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

22 shall develop and implement written procedures for receiv23 ing, investigating, and resolving complaints from parents, 

24 teachers, or other individuals and organizations concerning 

25 violations of section 8503 by a State educational agency, 


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1 local educational agency, educational service agency, con2 sortium of such agencies or entity. Such individual or orga3 nization shall submit such complaint to the State edu4 cational agency for a written resolution by the State edu5 cational agency within a reasonable period of time. 

6 ‘‘(b) APPEALS TO SECRETARY.—Such resolution may 

7 be appealed by an interested party to the Secretary not later 

8 than 30 days after the State educational agency resolves 

9 the complaint or fails to resolve the complaint within a rea10 sonable period of time. Such appeal shall be accompanied 

11 by a copy of the State educational agency’s resolution, and 

12 a complete statement of the reasons supporting the appeal. 

13 The Secretary shall investigate and resolve each such appeal 

14 not later than 120 days after receipt of the appeal. 

15 ‘‘SEC. 8506. BY-PASS DETERMINATION PROCESS. 

16 ‘‘(a) REVIEW.— 

17 ‘‘(1) IN GENERAL.— 

18 ‘‘(A) The Secretary shall not take any final 

19 action under section 8504 until the State edu20 cational agency, local educational agency, edu21 cational service agency, consortium of such agen22 cies or entity affected by such action has had an 

23 opportunity, for not less than 45 days after re24 ceiving written notice thereof, to submit written 


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1 objections and to appear before the Secretary to 

2 show cause why that action should not be taken. 

3 ‘‘(B) Pending final resolution of any inves4 tigation or complaint that could result in a de5 termination under this section, the Secretary 

6 may withhold from the allocation of the affected 

7 State or local educational agency the amount es8 timated by the Secretary to be necessary to pay 

9 the cost of those services. 

10 ‘‘(2) PETITION FOR REVIEW.— 

11 ‘‘(A) If such affected agency consortium or 

12 entity is dissatisfied with the Secretary’s final 

13 action after a proceeding under paragraph (1), 

14 such agency consortium or entity may, within 

15 60 days after notice of such action, file with the 

16 United States court of appeals for the circuit in 

17 which such State is located a petition for review 

18 of that action. 

19 ‘‘(B) A copy of the petition shall be forth20 with transmitted by the clerk of the court to the 

21 Secretary. 

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

23 of the petition shall file in the court the record 

24 of the proceedings on which the Secretary based 


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1 this action, as provided in section 2112 of title 

2 28, United States Code. 

3 ‘‘(3) FINDINGS OF FACT.— 

4 ‘‘(A) The findings of fact by the Secretary, 

5 if supported by substantial evidence, shall be 

6 conclusive, but the court, for good cause shown, 

7 may remand the case to the Secretary to take 

8 further evidence and the Secretary may then 

9 make new or modified findings of fact and may 

10 modify the Secretary’s previous action, and shall 

11 file in the court the record of the further pro12 ceedings. 

13 ‘‘(B) Such new or modified findings of fact 

14 shall likewise be conclusive if supported by sub15 stantial evidence. 

16 ‘‘(4) JURISDICTION.— 

17 ‘‘(A) Upon the filing of such petition, the 

18 court shall have jurisdiction to affirm the action 

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

20 whole or in part. 

21 ‘‘(B) The judgment of the court shall be sub22 ject to review by the Supreme Court of the 

23 United States upon certiorari or certification as 

24 provided in section 1254 of title 28, United 

25 States Code. 


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

2 Secretary under this section shall continue in effect until 

3 the Secretary determines, in consultation with such agency, 

4 consortium or entity and representatives of the affected pri5 vate school children, teachers, or other educational personnel 

6 that there will no longer be any failure or inability on the 

7 part of such agency or consortium to meet the applicable 

8 requirements of section 8503 or any other provision of this 

9 Act. 

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

11 Secretary arranges for services pursuant to this section, the 

12 Secretary shall, after consultation with the appropriate 

13 public and private school officials, pay the cost of such serv14 ices, including the administrative costs of arranging for 

15 those services, from the appropriate allocation or allocations 

16 under this Act. 

17 ‘‘(d) PRIOR DETERMINATION.—Any by-pass deter18 mination by the Secretary under this Act as in effect on 

19 the day preceding the date of enactment of the No Child 

20 Left Behind Act of 2001 shall remain in effect to the extent 

21 the Secretary determines that such determination is con22 sistent with the purpose of this section. 


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1 ‘‘SEC. 8507. PROHIBITION AGAINST FUNDS FOR RELIGIOUS 

2 WORSHIP OR INSTRUCTION. 

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

4 authorize the making of any payment under this Act for 

5 religious worship or instruction. 

6 ‘‘SEC. 8508. APPLICABILITY. 

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

8 schools, whether or not a home school is treated as a home 

9 school or a private school under State law (consistent with 

10 section 8509), nor shall any home schooled student be re11 quired to participate in any assessment referenced in this 

12 Act. 

13 ‘‘SEC. 8509. PRIVATE SCHOOLS. 

14 ‘‘Nothing in this Act shall be construed to affect any 

15 private school that does not receive funds or services under 

16 this Act nor shall any student who attends a private school 

17 that does not receive funds or services under this Act be 

18 required to participate in any assessment referenced in this 

19 Act. 

20 ‘‘SEC. 8510. PRIVACY OF ASSESSMENT RESULTS. 

21 ‘‘Any results from individual assessments referenced in 

22 this Act which become part of the education records of the 

23 student shall have the protections as provided in section 444 

24 of the General Education Provisions Act. 


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1 ‘‘SEC. 8511. GENERAL PROVISION REGARDING NON2 RECIPIENT NONPUBLIC SCHOOLS. 

3 ‘‘Nothing in this Act, or any other Act administered 

4 by the Department, shall be construed to permit, allow, en5 courage, or authorize any Federal control over any aspect 

6 of any private, religious, or home school, whether or not 

7 a home school is treated as a private school or home school 

8 under State law. This section shall not be construed to bar 

9 private, religious, or home schools from participation in 

10 programs or services under this Act. 

11 ‘‘SEC. 8512. SCHOOL PRAYER. 

12 ‘‘As a condition for receipt of funds under this Act, 

13 a local educational agency shall certify in writing to the 

14 Secretary that no policy of the agency prevents or otherwise 

15 denies participation in constitutionally protected prayer in 

16 public schools. 

17 ‘‘SEC. 8513. GENERAL PROHIBITIONS. 

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

19 under this Act shall be used— 

20 ‘‘(1) to develop or distribute materials, or oper21 ate programs or courses of instruction directed at 

22 youth that are designed to promote or encourage, sex23 ual activity, whether homosexual or heterosexual; 

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

25 any organization of legally obscene materials to mi26 nors on school grounds; 


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

2 education in schools unless such instruction is age ap3 propriate and emphasizes the health benefits of absti4 nence; or 

5 ‘‘(4) to operate a program of contraceptive dis6 tribution in schools. 

7 ‘‘(b) LOCAL CONTROL.—Nothing in this section shall 

8 be construed to— 

9 ‘‘(1) authorize an officer or employee of the Fed10 eral Government to direct, review, or control a State, 

11 local educational agency, or schools’ instructional 

12 content, curriculum, and related activities; 

13 ‘‘(2) limit the application of the General Edu14 cation Provisions Act (20 U.S.C.A. 1221 et seq.); 

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

16 medically false or inaccurate materials or to prohibit 

17 the distribution of scientifically or medically true or 

18 accurate materials; or 

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

20 ‘‘SEC. 8514. PROHIBITION ON FEDERAL MANDATES, DIREC21 TION, AND CONTROL. 

22 ‘‘(a) GENERAL PROHIBITION.—Officers and employees 

23 of the Federal Government are prohibited from mandating, 

24 directing, or controlling a State, local educational agency, 

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


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1 of State or local resources, or mandating a State or any 

2 subdivision thereof to spend any funds or incur any costs 

3 not paid for under this Act. 

4 ‘‘(b) PROHIBITION OF FEDERAL MANDATES, DIREC5 TION, OR CONTROL.—Nothing in this Act shall be construed 

6 to authorize an officer or employee of the Federal Govern7 ment to mandate, direct, or control a State, local edu8 cational agency, or school’s specific instructional content or 

9 academic achievement standards and assessments, cur10 riculum, or program of instruction as a condition of eligi11 bility to receive funds under this Act. 

12 ‘‘(c) EQUALIZED SPENDING.—Nothing in this Act 

13 shall be construed to mandate equalized spending per pupil 

14 for a State, local educational agency, or school. 

15 ‘‘(d) BUILDING STANDARDS.—Nothing in this Act 

16 shall be construed to mandate national school building 

17 standards for a State, local agency, or school. 

18 ‘‘SEC. 8515. RULEMAKING. 

19 ‘‘The Secretary shall issue regulations under this Act 

20 only to the extent that such regulations are necessary to 

21 ensure that there is compliance with the specific require22 ments and assurances required by this Act. 

23 ‘‘SEC. 8516. REPORT. 

24 ‘‘The Secretary shall report to the Congress not later 

25 than 180 days after the date of enactment of the No Child 


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1 Left Behind Act of 2001 regarding how the Secretary shall 

2 ensure that audits conducted by Department employees of 

3 activities assisted under this Act comply with changes to 

4 this Act made by the No Child Left Behind Act of 2001, 

5 particularly with respect to permitting children with simi6 lar educational needs to be served in the same educational 

7 settings, where appropriate. 

8 ‘‘SEC. 8517. REQUIRED APPROVAL OR CERTIFICATION PRO9 HIBITED. 

10 ‘‘(a) IN GENERAL.—Notwithstanding any other provi11 sion of Federal law, no State shall be required to have aca12 demic content standards or student academic achievement 

13 standards approved or certified by the Federal Government, 

14 in order to receive assistance under this Act. 

15 ‘‘(b) CONSTRUCTION.—Nothing in this section shall be 

16 construed to affect requirements under title I of this Act. 

17 ‘‘SEC. 8518. PROHIBITION ON ENDORSEMENT OF CUR18 RICULUM. 

19 ‘‘Notwithstanding any other prohibition of Federal 

20 law, no funds provided to the Department of Education or 

21 to any applicable program may be used by the Department 

22 to endorse, approve, or sanction any curriculum designed 

23 to be used in an elementary or secondary school. 


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1 ‘‘SEC. 8519. RULE OF CONSTRUCTION ON PERSONALLY 

2 IDENTIFIABLE INFORMATION. 

3 ‘‘Nothing in this Act shall be construed to permit the 

4 development of a national database of personally identifi5 able information on individuals involved in studies or in 

6 data collection efforts under this Act. 

7 ‘‘SEC. 8520. SEVERABILITY. 

8 ‘‘If any provision of this Act is held invalid, the re9 mainder of this Act shall be unaffected thereby. 

10 ‘‘PART F—SENSE OF CONGRESS 

11 ‘‘SEC. 8601. PAPERWORK REDUCTION. 

12 ‘‘(a) FINDINGS.—The Congress finds that— 

13 ‘‘(1) instruction and other classroom activities 

14 provide the greatest opportunity for students, espe15 cially at-risk and disadvantaged students, to attain 

16 high standards and achieve academic success; 

17 ‘‘(2) one of the greatest obstacles to establishing 

18 an effective, classroom-centered education system is 

19 the cost of paperwork compliance; 

20 ‘‘(3) paperwork places a burden on teachers and 

21 administrators who must complete Federal and State 

22 forms to apply for Federal funds and absorbs time 

23 and money which otherwise would be spent on stu24 dents; 

25 ‘‘(4) the Education at a Crossroads Report re26 leased in 1998 by the Education Subcommittee on 


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1 Oversight and Investigations states that requirements 

2 by the Department of Education result in more than 

3 48,600,000 hours of paperwork per year; and 

4 ‘‘(5) paperwork distracts from the mission of 

5 schools, encumbers teachers, and administrators with 

6 nonacademic responsibilities, and competes with 

7 teaching and classroom activities which promote 

8 learning and achievement. 

9 ‘‘(b) SENSE OF CONGRESS.—It is the sense of Congress 

10 that Federal and State educational agencies should reduce 

11 the paperwork requirements placed on schools, teachers, 

12 principles, and other administrators. 

13 ‘‘SEC. 8602. PROHIBITION ON MANDATORY NATIONAL CER14 TIFICATION OF TEACHERS AND PARAPROFES15 SIONALS. 

16 ‘‘(a) PROHIBITION ON MANDATORY TESTING OR CER17 TIFICATION.—Notwithstanding any other provision of law, 

18 the Secretary is prohibited from using Federal funds to 

19 plan, develop, implement, or administer any mandatory 

20 national teacher or paraprofessional test or certification. 

21 ‘‘(b) PROHIBITION ON WITHHOLDING FUNDS.—The 

22 Secretary is prohibited from withholding funds from any 

23 State or local educational agency if such State or local edu24 cational agency fails to adopt a specific method of teacher 

25 or paraprofessional certification. 


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1 ‘‘SEC. 8603. PROHIBITION ON FEDERALLY SPONSORED 

2 TESTING. 

3 ‘‘Notwithstanding any other provision of Federal law, 

4 no funds provided under this Act to the Secretary or to the 

5 recipient of any award may be used to develop, pilot test, 

6 field test, implement, administer, or distribute any feder7 ally sponsored national test in reading, mathematics, or 

8 any other subject, unless specifically and explicitly author9 ized by law. 

10 ‘‘SEC. 8604. SENSE OF CONGRESS REGARDING MEMORIALS. 

11 ‘‘It is the sense of Congress that— 

12 ‘‘(1) the saying of a prayer, the reading of a 

13 scripture, or the performance of religious music, as 

14 part of a memorial service that is held on the campus 

15 of a public elementary or secondary school in order 

16 to honor the memory of any person slain on that 

17 campus is not objectionable under this Act; and 

18 ‘‘(2) the design and construction of any memo19 rial which includes religious symbols, motifs, or 

20 sayings that is placed on the campus of a public ele21 mentary or secondary school in order to honor the 

22 memory of any person slain on that campus is not 

23 objectionable under this Act. 


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1 ‘‘PART G—EVALUATIONS 

2 ‘‘SEC. 8651. EVALUATIONS. 

3 ‘‘(a) RESERVATION OF FUNDS.—Except as provided in 

4 subsections (b) and (c), the Secretary may reserve not more 

5 than 0.5 percent of the amount appropriated to carry out 

6 each categorical program and demonstration project au7 thorized under this Act— 

8 ‘‘(1) to conduct— 

9 ‘‘(A) comprehensive evaluations of the pro10 gram or project; and 

11 ‘‘(B) studies of the effectiveness of the pro12 grams or project and its administrative impact 

13 on schools and local educational agencies; 

14 ‘‘(2) to evaluate the aggregate short- and long15 term effects and cost efficiencies across Federal pro16 grams assisted or authorized under this Act and re17 lated Federal preschool, elementary and secondary 

18 programs under any other Federal law; and 

19 ‘‘(3) to increase the usefulness of evaluations of 

20 grant recipients in order to ensure the continuous 

21 progress of the program or project by improving the 

22 quality, timeliness, efficiency, and utilization of in23 formation relating to performance under the program 

24 or project. 


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1 ‘‘(b) TITLE I EXCLUDED.—The Secretary may not re2 serve under subsection (a) funds appropriated to carry out 

3 any program authorized under title I. 

4 ‘‘(c) EVALUATION ACTIVITIES AUTHORIZED ELSE5 WHERE.—If, under any other provision of this Act (other 

6 than title I), funds are authorized to be reserved or used 

7 for evaluation activities with respect to a program or 

8 project, the Secretary may not reserve additional funds 

9 under this section for the evaluation of such program or 

10 project.’’. 

11 SEC. 802. COMPREHENSIVE REGIONAL ASSISTANCE CEN12 TERS. 

13 (a) IN GENERAL.—Part A of title XIII (20 U.S.C. 

14 8621 et seq.)— 

15 (1) is transferred to the end of title VIII, as 

16 amended by section 801; and 

17 (2) is redesignated as part H. 

18 (b) REDESIGNATION OF SECTIONS.—Sections 13101 

19 through 13105 are redesignated as sections 8701 through 

20 8705, respectively. 

21 (c) CONFORMING AMENDMENTS.— 

22 (1) REQUIREMENTS.—Section 8702(a) (as redes23 ignated by subsection (b)) is amended— 

24 (A) by striking ‘‘section 13101(a)’’ and in25 serting ‘‘section 8701(a)’’; and 


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

2 13201’’ and inserting ‘‘section 8751’’. 

3 (2) MAINTENANCE OF SERVICE.—Section 8703(b) 

4 (as redesignated by subsection (b)) is amended— 

5 (A) in paragraph (1), by striking ‘‘section 

6 13102’’ and inserting ‘‘section 8702’’; and 

7 (B) in paragraph (2)— 

8 (i) by striking ‘‘section 13201’’ and in9 serting ‘‘section 8751’’; and 

10 (ii) by striking ‘‘section 13401’’ and 

11 inserting ‘‘section 8851’’. 

12 (3) TRANSITION.—Section 8704(b)(1) (as redes13 ignated by subsection (b)) is amended by striking 

14 ‘‘section 13105’’ and inserting ‘‘section 8705’’. 

15 SEC. 803. NATIONAL DIFFUSION NETWORK. 

16 (a) IN GENERAL.—Part B of title XIII (20 U.S.C. 

17 8651 et seq.)— 

18 (1) is transferred to the end of title VIII, as 

19 amended by section 802; and 

20 (2) is redesignated as part I. 

21 (b) REDESIGNATION OF SECTIONS.—Sections 13201 

22 and 13202 are redesignated as sections 8751 and 8752, re23 spectively. 

24 (c) CONFORMING AMENDMENT.—Section 8751 (as re25 designated by subsection (b)) is amended— 


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1 (1) in subsection (e)(3), by striking ‘‘under part 

2 C’’ through the end thereof and inserting ‘‘under part 

3 F; and’’; and 

4 (2) in subsection (f)(4), by striking ‘‘section 

5 13401’’ and inserting ‘‘section 8851’’. 

6 SEC. 804. EISENHOWER REGIONAL MATHEMATICS AND 

7 SCIENCE EDUCATION CONSORTIA. 

8 (a) IN GENERAL.—Part C of title XIII (20 U.S.C. 

9 8671 et seq.)— 

10 (1) is transferred to the end of title VIII, as 

11 amended by section 803; and 

12 (2) is redesignated as part J. 

13 (b) REDESIGNATION OF SECTIONS.—Sections 13301 

14 through 13308 are redesignated as sections 8801 through 

15 8808, respectively. 

16 (c) CONFORMING AMENDMENTS.— 

17 (1) GRANT AUTHORIZATION.—Section 8801(a)(3) 

18 (as redesignated by subsection (b)) is amended by 

19 striking ‘‘section 13308’’ and inserting ‘‘section 

20 8808’’. 

21 (2) USE OF FUNDS.—Section 8802 (as redesig22 nated by subsection (b)) is amended— 

23 (A) by striking ‘‘section 13304’’ and insert24 ing ‘‘section 8804’’; 


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

2 ‘‘13301(a)(1)’’ and inserting ‘‘8801(a)(1)’’; and 

3 (C) in paragraph (3), by striking 

4 ‘‘13301(a)(1)’’ and inserting ‘‘8801(a)(1)’’. 

5 (3) PAYMENTS.—Section 8805 (as redesignated 

6 by subsection (b)) is amended in each of subsections 

7 (a) and (c) by striking ‘‘section 13303’’ and inserting 

8 ‘‘section 8803’’. 

9 (4) EVALUATION.—Section 8806(a) (as redesig10 nated by subsection (b)) is amended by striking ‘‘sec11 tion 14701’’ and inserting ‘‘section 8651’’. 

12 (5) DEFINITIONS.—Section 8807(4) (as redesig13 nated by subsection (b)) is amended by striking ‘‘sec14 tion 13301’’ and inserting ‘‘section 8801’’. 

15 SEC. 805. TECHNOLOGY-BASED TECHNICAL ASSISTANCE. 

16 (a) IN GENERAL.—Part D of title XIII (20 U.S.C. 

17 8701)— 

18 (1) is transferred to the end of title VIII, as 

19 amended by section 804; and 

20 (2) is redesignated as part K. 

21 (b) REDESIGNATION OF SECTION.—Section 13401 is 

22 redesignated as section 8851. 


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1 SEC. 806. REGIONAL TECHNICAL SUPPORT AND PROFES2 SIONAL DEVELOPMENT. 

3 (a) IN GENERAL.—Subpart 3 of part A of title III (20 

4 U.S.C. 6861 et seq.)— 

5 (1) is transferred to the end of title VIII, as 

6 amended by section 805; and 

7 (2) is redesignated as part L. 

8 (b) REDESIGNATION OF SECTION.—Section 3141 is re9 designated as section 8901. 

10 (c) CONFORMING AMENDMENT.—Section 8901 (as re11 designated by subsection (b)) is amended by striking ‘‘part 

12 C of title XIII’’ and inserting ‘‘part J’’. 

13 TITLE IX—MISCELLANEOUS 

14 PROVISIONS 

15 PART A—AMENDMENTS TO OTHER ACTS 

16 Subpart 1—National Education Statistics Act 

17 SEC. 901. AMENDMENT TO NESA. 

18 Section 411 of the National Education Statistics Act 

19 of 1994 (20 U.S.C. 9010) is amended— 

20 (1) by amending subsection (b)(2) to read as fol21 lows: 

22 ‘‘(2) STATE ASSESSMENTS.—(A) The Commis23 sioner, in carrying out the National Assessment— 

24 ‘‘(i) may conduct State assessments of stu25 dent achievement in grades 4, 8, and 12; and 


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1 ‘‘(ii) shall conduct annual State assessments 

2 of student achievement in reading and mathe3 matics in grades 4 and 8 in order for States to 

4 carry out section 1111(c)(2) of the Elementary 

5 and Secondary Education Act of 1965. 

6 ‘‘(B)(i) Except as provided in clause (ii), a par7 ticipating State shall review and give permission for 

8 the release of results from any test of its students ad9 ministered as a part of a State assessment prior to 

10 the release of the data. Refusal by a State to release 

11 its data shall not restrict the release of data from 

12 other States that have approved the release of that 

13 data. 

14 ‘‘(ii) A State participating in the annual State 

15 assessments of its students in reading and mathe16 matics in grades 4 and 8 shall be deemed to have 

17 given its permission to release its data if it has an 

18 approved plan under section 1111 of the Elementary 

19 and Secondary Education Act of 1965.’’; and 

20 (2) by amending subsection (d) to read as fol21 lows: 

22 ‘‘(d) PARTICIPATION.— 

23 ‘‘(1) NATIONAL AND REGIONAL PARTICIPATION.— 

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1 ments by State and local educational agencies shall be 

2 voluntary. 

3 ‘‘(2) STATE PARTICIPATION.—Participation in 

4 assessments made on a State basis shall be vol5 untary.’’. 

6 Subpart 2—Homeless Education 

7 SEC. 911. SHORT TITLE. 

8 This subpart may be cited as the ‘‘McKinney-Vento 

9 Homeless Education Assistance Improvements Act of 2001’’. 

10 SEC. 912. FINDINGS. 

11 Congress makes the following findings: 

12 (1) An estimated 1,000,000 children in the 

13 United States will experience homelessness in 2001. 

14 (2) Homelessness has a devastating impact on 

15 the educational opportunities of children and youth. 

16 Homeless children go hungry at more than twice the 

17 rate of other children, have four times the rate of de18 layed development, and are twice as likely to repeat 

19 a grade. 

20 (3) Despite steady progress in school enrollment 

21 and attendance resulting from the passage in 1987 of 

22 the Stewart B. McKinney Homeless Assistance Act 

23 (42 U.S.C. 11301 et seq.), homeless students still face 

24 numerous barriers to education, including residency, 

25 guardianship and registration requirements, delays 


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1 in the transfer of school records, and inadequate 

2 transportation service. 

3 (4) School is one of the few secure factors in the 

4 lives of homeless children and youth, providing sta5 bility, structure, and accomplishment during a time 

6 of great upheaval. 

7 (5) Homeless children and youth require edu8 cational stability and the opportunity to maintain 

9 regular and consistent attendance in school, so that 

10 they acquire the skills necessary to escape poverty and 

11 lead productive, healthy lives as adults. 

12 (6) In the 14 years since the passage of the Stew13 art B. McKinney Homeless Assistance Act (42 U.S.C. 

14 11301 et seq.), educators and service providers have 

15 learned much about policies and practices which help 

16 remove the barriers described. 

17 SEC. 913. PURPOSE. 

18 The purpose of this subpart is to strengthen subtitle 

19 B of title VII of Public Law 100–77 (42 U.S.C. 11431 et 

20 seq.) by amending it— 

21 (1) to include innovative practices, proven to be 

22 effective in helping homeless children and youth en23 roll, attend, and succeed in school; and 

24 (2) to help ensure that all children and youth 

25 impacted by the loss of fixed, regular, and adequate 


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1 housing receive a quality education and secure their 

2 chance for a brighter future. 

3 SEC. 914. EDUCATION FOR HOMELESS CHILDREN AND 

4 YOUTH. 

5 Subtitle B of title VII of Public Law 100–77 (42 

6 U.S.C. 11431 et seq.) is amended to read as follows: 

7 ‘‘Subtitle B—Education for 

8 Homeless Children and Youth 

9 ‘‘SEC. 721. STATEMENT OF POLICY. 

10 ‘‘It is the policy of the Congress that— 

11 ‘‘(1) each State educational agency ensure that 

12 each child of a homeless individual and each homeless 

13 youth has equal access to the same free, public edu14 cation, including a public preschool education, as 

15 provided to other children and youth; 

16 ‘‘(2) in any State that has a compulsory resi17 dency requirement as a component of the State’s com18 pulsory school attendance laws or other laws, regula19 tions, practices, or policies that may act as a barrier 

20 to the enrollment, attendance, or success in school of 

21 homeless children and youth, the State review and 

22 undertake steps to revise such laws, regulations, prac23 tices, or policies to ensure that homeless children and 

24 youth are afforded the same free, public education as 

25 provided to other children and youth; 


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1 ‘‘(3) homelessness alone is not sufficient reason to 

2 separate students from the mainstream school envi3 ronment; and 

4 ‘‘(4) homeless children and youth must have ac5 cess to the education and other services that such chil6 dren and youth need to ensure that such children and 

7 youth have an opportunity to meet the same chal8 lenging State student academic achievement stand9 ards to which all students are held. 

10 ‘‘SEC. 722. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR 

11 THE EDUCATION OF HOMELESS CHILDREN 

12 AND YOUTH. 

13 ‘‘(a) GENERAL AUTHORITY.—The Secretary is author14 ized to make grants to States in accordance with the provi15 sions of this section to enable such States to carry out the 

16 activities described in subsections (d), (e), (f), and (g). 

17 ‘‘(b) APPLICATION.—No State may receive a grant 

18 under this section unless the State educational agency sub19 mits an application to the Secretary at such time, in such 

20 manner, and containing or accompanied by such informa21 tion as the Secretary may reasonably require. 

22 ‘‘(c) ALLOCATION AND RESERVATIONS.— 

23 ‘‘(1) IN GENERAL.—Subject to paragraph (2) 

24 and section 724(d), from the amounts appropriated 

25 for each fiscal year under section 726, the Secretary 


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1 is authorized to allot to each State an amount that 

2 bears the same ratio to the amount appropriated for 

3 such year under section 726 as the amount allocated 

4 under section 1122 of the Elementary and Secondary 

5 Education Act of 1965 to the State for that year bears 

6 to the total amount allocated under section 1122 of 

7 such Act to all States for that year, except that no 

State shall receive less than $125,000 or 1 8 ⁄2 of 1 per9 cent of the amount appropriated under section 726, 

10 whichever is greater. 

11 ‘‘(2) RESERVATION.—(A) The Secretary is au12 thorized to reserve 0.1 percent of the amount appro13 priated for each fiscal year under section 726 to be 

14 allocated by the Secretary among the United States 

15 Virgin Islands, Guam, American Samoa, and the 

16 Commonwealth of the Northern Mariana Islands, ac17 cording to their respective need for assistance under 

18 this subtitle, as determined by the Secretary. 

19 ‘‘(B)(i) The Secretary shall transfer one percent 

20 of the amount appropriated for each fiscal year under 

21 section 726 to the Department of the Interior for pro22 grams for Indian students served by schools funded by 

23 the Secretary of the Interior, as determined under the 

24 Indian Self-Determination and Education Assistance 


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1 Act (25 U.S.C. 450 et seq.), that are consistent with 

2 the purposes of this Act. 

3 ‘‘(ii) The Secretary and the Secretary of the In4 terior shall enter into an agreement, consistent with 

5 the requirements of this part, for the distribution and 

6 use of the funds described in clause (i) under terms 

7 that the Secretary determines best meet the purposes 

8 of the programs described in such clause. Such agree9 ment shall set forth the plans of the Secretary of the 

10 Interior for the use of the amounts transferred, in11 cluding appropriate goals, objectives, and milestones. 

12 ‘‘(3) STATE DEFINED.—As used in this sub13 section, the term ‘State’ shall not include the United 

14 States Virgin Islands, Guam, American Samoa, and 

15 the Commonwealth of the Northern Mariana Islands. 

16 ‘‘(d) ACTIVITIES.—Grants under this section shall be 

17 used— 

18 ‘‘(1) to carry out the policies set forth in section 

19 721 in the State; 

20 ‘‘(2) to provide activities for, and services to, 

21 homeless children, including preschool-aged homeless 

22 children, and youth that enable such children and 

23 youth to enroll in, attend, and succeed in school, or, 

24 if appropriate, in preschool programs; 


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1 ‘‘(3) to establish or designate an Office of Coordi2 nator of Education of Homeless Children and Youth 

3 in the State educational agency in accordance with 

4 subsection (f); 

5 ‘‘(4) to prepare and carry out the State plan de6 scribed in subsection (g); and 

7 ‘‘(5) to develop and implement professional de8 velopment programs for school personnel to heighten 

9 their awareness of, and capacity to respond to, spe10 cific problems in the education of homeless children 

11 and youth. 

12 ‘‘(e) STATE AND LOCAL GRANTS.— 

13 ‘‘(1) MINIMUM DISBURSEMENTS BY STATES.— 

14 From the sums made available each year to carry out 

15 this subtitle, the State educational agency shall dis16 tribute not less than 75 percent in grants to local edu17 cational agencies for the purposes of carrying out sec18 tion 723, except that States funded at the minimum 

19 level set forth in subsection (c)(1) shall distribute not 

20 less than 50 percent in grants to local educational 

21 agencies for the purposes of carrying out section 723. 

22 ‘‘(2) USE BY STATE EDUCATIONAL AGENCY.—A 

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1 tivities under subsection (f) directly or through 

2 grants. 

3 ‘‘(3) PROHIBITION ON SEGREGATING HOMELESS

4 STUDENTS.— 

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

6 subparagraph (B) and section 723(a)(2)(B)(ii), 

7 in providing a free public education to a home8 less child or youth, no State receiving funds 

9 under this subtitle shall segregate such child or 

10 youth, either in a separate school or in a sepa11 rate program within a school, based solely on 

12 such child’s or youth’s status as homeless. 

13 ‘‘(B) EXCEPTION.—A State that operates a 

14 separate school for homeless children as of the 

15 day preceding the date of enactment of the 

16 McKinney-Vento Homeless Education Assistance 

17 Improvements Act of 2001— 

18 ‘‘(i) shall remain eligible to receive, 

19 and to distribute to local educational agen20 cies, funds under this subtitle for such 

21 school; and 

22 ‘‘(ii) shall not distribute to local edu23 cational agencies in the State any funds re24 ceived under this subtitle for use by any 


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1 such schools not in operation as of such date 

2 of enactment. 

3 ‘‘(f) FUNCTIONS OF THE OFFICE OF COORDINATOR.— 

4 The Coordinator of Education of Homeless Children and 

5 Youth established in each State shall— 

6 ‘‘(1) gather, to the extent possible, reliable, valid, 

7 and comprehensive information on the nature and ex8 tent of the problems homeless children and youth have 

9 in gaining access to public preschool programs and to 

10 public elementary and secondary schools, the difficul11 ties in identifying the special needs of such children 

12 and youth, any progress made by the State edu13 cational agency and local educational agencies in the 

14 State in addressing such problems and difficulties, 

15 and the success of the program under this subtitle in 

16 assisting homeless children and youth to enroll in, at17 tend, and succeed in, school; 

18 ‘‘(2) develop and carry out the State plan de19 scribed in subsection (g); 

20 ‘‘(3) collect and transmit to the Secretary infor21 mation gathered pursuant to paragraphs (1) and (2) 

22 at such time and in such manner as the Secretary 

23 may require; 

24 ‘‘(4) facilitate coordination between the State 

25 educational agency, the State social services agency, 


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1 and other agencies providing services to homeless chil2 dren and youth, including homeless children, includ3 ing preschool-aged homeless children, and youth, and 

4 families of such children and youth; 

5 ‘‘(5) in order to improve the provision of com6 prehensive education and related services to homeless 

7 children and youth and their families, coordinate and 

8 collaborate with— 

9 ‘‘(A) educators, including child development 

10 and preschool program personnel; 

11 ‘‘(B) State and local providers of services to 

12 homeless and runaway children and youth and 

13 homeless families (including domestic violence 

14 agencies, shelter operators, transitional housing 

15 facilities, runaway and homeless youth centers, 

16 and transitional living programs for homeless 

17 youth); 

18 ‘‘(C) local educational agency liaisons for 

19 homeless children and youth; and 

20 ‘‘(D) State and local community organiza21 tions and groups representing homeless children 

22 and youth and their families; and 

23 ‘‘(6) provide technical assistance to local edu24 cational agencies, in coordination with local liaisons 

25 designated under subsection (g)(1)(J)(ii), to ensure 


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1 that local educational agencies comply with the re2 quirements of paragraphs (3) through (7) of sub3 section (g). 

4 ‘‘(g) STATE PLAN.— 

5 ‘‘(1) IN GENERAL.—Each State shall submit to 

6 the Secretary a plan to provide for the education of 

7 homeless children and youth within the State, which 

8 plan shall— 

9 ‘‘(A) describe how such children and youth 

10 are or will be given the opportunity to meet the 

11 same challenging State student academic 

12 achievement standards all students are expected 

13 to meet; 

14 ‘‘(B) describe the procedures the State edu15 cational agency will use to identify such children 

16 and youth in the State and to assess their special 

17 needs; 

18 ‘‘(C) describe procedures for the prompt res19 olution of disputes regarding the educational 

20 placement of homeless children and youth; 

21 ‘‘(D) describe programs for school personnel 

22 (including principals, attendance officers, teach23 ers, enrollment personnel, and pupil services per24 sonnel) to heighten the awareness of such perVerDate Mar 15 2010 15:07 Jun 10, 2011 Jkt 223001 PO 00000 Frm 00938 Fmt 6652 Sfmt 6203 E:\ERIC\H1.RH2 H1

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1 sonnel of the specific needs of runaway and 

2 homeless youth; 

3 ‘‘(E) describe procedures that ensure that 

4 homeless children and youth who meet the rel5 evant eligibility criteria are able to participate 

6 in Federal, State, or local food programs; 

7 ‘‘(F) describe procedures that ensure that— 

8 ‘‘(i) homeless children have equal ac9 cess to the same public preschool programs, 

10 administered by the State agency, as pro11 vided to other children; 

12 ‘‘(ii) homeless youth and youth sepa13 rated from the public schools are identified 

14 and accorded equal access to appropriate 

15 secondary education and support services; 

16 and 

17 ‘‘(iii) homeless children and youth who 

18 meet the relevant eligibility criteria are able 

19 to participate in Federal, State, or local 

20 before- and after-school care programs; 

21 ‘‘(G) address problems set forth in the re22 port provided to the Secretary under subsection 

23 (f)(3); 

24 ‘‘(H) address other problems with respect to 

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1 cluding problems caused by enrollment delays 

2 that are caused by— 

3 ‘‘(i) immunization and medical records 

4 requirements; 

5 ‘‘(ii) residency requirements; 

6 ‘‘(iii) lack of birth certificates, school 

7 records, or other documentation; 

8 ‘‘(iv) guardianship issues; or 

9 ‘‘(v) uniform or dress code require10 ments; 

11 ‘‘(I) demonstrate that the State educational 

12 agency and local educational agencies in the 

13 State have developed, and shall review and re14 vise, policies to remove barriers to the enrollment 

15 and retention of homeless children and youth in 

16 schools in the State; and 

17 ‘‘(J) contain assurances that— 

18 ‘‘(i) except as provided in subsection 

19 (e)(3)(B), State and local educational agen20 cies will adopt policies and practices to en21 sure that homeless children and youth are 

22 not segregated solely on the basis of their 

23 status as homeless; 

24 ‘‘(ii) local educational agencies will 

25 designate an appropriate staff person, who 


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1 may also be a coordinator for other Federal 

2 programs, as a liaison for homeless children 

3 and youth, to carry out the duties described 

4 in paragraph (6)(A); and 

5 ‘‘(iii) the State and its local edu6 cational agencies will adopt policies and 

7 practices to ensure that transportation is 

8 provided, at the request of the parent or 

9 guardian (or in the case of an unaccom10 panied youth, the liaison) to and from the 

11 school of origin, as determined in para12 graph (3)(A), in accordance with the fol13 lowing, as applicable: 

14 ‘‘(I) If the homeless child or youth 

15 continues to live in the area served by 

16 the local educational agency in which 

17 the school of origin is located, the 

18 child’s or youth’s transportation to and 

19 from the school of origin shall be pro20 vided or arranged by the local edu21 cational agency in which the school of 

22 origin is located. 

23 ‘‘(II) If the homeless child’s or 

24 youth’s living arrangements in the 

25 area served by the local educational 


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1 agency of origin terminate and the 

2 child or youth, though continuing his 

3 or her education in the school of origin, 

4 begins living in the area served by an5 other local educational agency, the 

6 local educational agency of origin and 

7 the local educational agency in which 

8 the homeless child or youth is living 

9 shall agree upon a method to apportion 

10 the responsibility and costs for pro11 viding the child with transportation to 

12 and from the school or origin. If the 

13 local educational agencies are unable 

14 to agree upon such method, the respon15 sibility and costs for transportation 

16 shall be shared equally. 

17 ‘‘(2) COMPLIANCE.— 

18 ‘‘(A) IN GENERAL.—Each plan adopted 

19 under this subsection shall also describe how the 

20 State will ensure that local educational agencies 

21 in the State will comply with the requirements 

22 of paragraphs (3) through (7). 

23 ‘‘(B) COORDINATION.—Such plan shall in24 dicate what technical assistance the State will 

25 furnish to local educational agencies and how 


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1 compliance efforts will be coordinated with the 

2 local liaisons established under this subchapter. 

3 ‘‘(3) LOCAL EDUCATIONAL AGENCY REQUIRE4 MENTS.— 

5 ‘‘(A) IN GENERAL.—The local educational 

6 agency serving each child or youth to be assisted 

7 under this subtitle shall, according to the child’s 

8 or youth’s best interest, either— 

9 ‘‘(i) continue the child’s or youth’s edu10 cation in the school of origin for the dura11 tion of homelessness— 

12 ‘‘(I) in any case in which a fam13 ily becomes homeless between academic 

14 years or during the academic year; or 

15 ‘‘(II) for the remainder of the aca16 demic year, if the child becomes per17 manently housed during the academic 

18 year; or 

19 ‘‘(ii) enroll the child or youth in any 

20 public school that nonhomeless students who 

21 live in the attendance area in which the 

22 child or youth is actually living are eligible 

23 to attend. 


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1 ‘‘(B) BEST INTEREST.—In determining the 

2 best interest of the child or youth under subpara3 graph (A), the local educational agency shall— 

4 ‘‘(i) to the extent feasible, keep a home5 less child or youth in the school of origin, 

6 except when doing so is contrary to the 

7 wishes of the child’s or youth’s parent or 

8 guardian; 

9 ‘‘(ii) provide a written explanation, 

10 including a statement regarding the right to 

11 appeal under subparagraph (E), to the 

12 homeless child’s or youth’s parent or guard13 ian if the local educational agency sends 

14 such child or youth to a school other than 

15 the school of origin or a school requested by 

16 the parent or guardian; and 

17 ‘‘(iii) in the case of an unaccompanied 

18 youth, ensure that the homeless liaison des19 ignated under paragraph (1)(J)(2) assists 

20 in placement or enrollment decisions under 

21 this subparagraph and provides notice to 

22 such youth of the right to appeal under sub23 paragraph (E). 

24 ‘‘(C) ENROLLMENT.—(i) The school selected 

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1 diately enroll pursuant to section 725(3) the 

2 homeless child or youth, even if the child or 

3 youth is unable to produce records normally re4 quired for enrollment, such as previous academic 

5 records, medical records, proof of residency, or 

6 other documentation. 

7 ‘‘(ii) The enrolling school shall immediately 

8 contact the school last attended by the child or 

9 youth to obtain relevant academic and other 

10 records. 

11 ‘‘(iii) If the child or youth needs to obtain 

12 immunizations or immunization or medical 

13 records, the enrolling school shall immediately 

14 refer the parent or guardian of the child or youth 

15 to the liaison who shall assist in obtaining nec16 essary immunizations or immunization or med17 ical records in accordance with subparagraph 

18 (E). 

19 ‘‘(D) RECORDS.—Any record ordinarily 

20 kept by the school, including immunization or 

21 medical records, academic records, birth certifi22 cates, guardianship records, and evaluations for 

23 special services or programs, of each homeless 

24 child or youth shall be maintained— 


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1 ‘‘(i) so that the records are available, 

2 in a timely fashion, when a child or youth 

3 enters a new school or school district; and 

4 ‘‘(ii) in a manner consistent with sec5 tion 444 of the General Education Provi6 sions Act (20 U.S.C. 1232g). 

7 ‘‘(E) ENROLLMENT DISPUTES.—If a dispute 

8 arises over school selection or enrollment in a 

9 school— 

10 ‘‘(i) the child or youth shall be imme11 diately admitted to the school in which en12 rollment is sought, pending resolution of the 

13 dispute; 

14 ‘‘(ii) the parent or guardian of the 

15 child or youth shall be provided with a 

16 written explanation of the school’s decision 

17 regarding school selection or enrollment, in18 cluding the rights of the parent, guardian, 

19 or youth to appeal the decision; 

20 ‘‘(iii) the child, youth, parent, or 

21 guardian shall be referred to the local liai22 son designated under paragraph (1)(J)(ii), 

23 who shall carry out the dispute resolution 

24 process as described in paragraph (1)(A) as 


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1 expeditiously as possible after receiving no2 tice of the dispute; and 

3 ‘‘(iv) in the case of an unaccompanied 

4 youth, the homeless liaison shall ensure that 

5 the youth is immediately enrolled in school 

6 pending resolution of the dispute. 

7 ‘‘(F) PLACEMENT CHOICE.—The choice re8 garding placement shall be made regardless of 

9 whether the child or youth lives with the home10 less parents or has been temporarily placed else11 where. 

12 ‘‘(G) SCHOOL OF ORIGIN DEFINED.—In this 

13 paragraph, the term ‘school of origin’ means the 

14 school that the child or youth attended when per15 manently housed or the school in which the child 

16 or youth was last enrolled. 

17 ‘‘(H) CONTACT INFORMATION.—Nothing in 

18 this subtitle shall prohibit a local educational 

19 agency from requiring a parent or guardian of 

20 a homeless child to submit contact information 

21 required by the local educational agency of a 

22 parent or guardian of a nonhomeless child. 

23 ‘‘(4) COMPARABLE SERVICES.—Each homeless 

24 child or youth to be assisted under this subtitle shall 

25 be provided services comparable to services offered to 


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1 other students in the school selected under paragraph 

2 (3), including— 

3 ‘‘(A) transportation services; 

4 ‘‘(B) educational services for which the child 

5 or youth meets the eligibility criteria, such as 

6 services provided under title I of the Elementary 

7 and Secondary Education Act of 1965 or similar 

8 State or local programs, educational programs 

9 for children with disabilities, and educational 

10 programs for students with limited-English pro11 ficiency; 

12 ‘‘(C) programs in vocational and technical 

13 education; 

14 ‘‘(D) programs for gifted and talented stu15 dents; and 

16 ‘‘(E) school nutrition programs. 

17 ‘‘(5) COORDINATION.— 

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

19 agency serving homeless children and youth that 

20 receives assistance under this subtitle shall co21 ordinate— 

22 ‘‘(i) the provision of services under this 

23 subtitle with local social services agencies 

24 and other agencies or programs providing 

25 services to homeless children and youth and 


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1 their families, including services and pro2 grams funded under the Runaway and 

3 Homeless Youth Act (42 U.S.C. 5701 et 

4 seq.); and 

5 ‘‘(ii) with other local educational agen6 cies on interdistrict issues, such as trans7 portation or transfer of school records. 

8 ‘‘(B) HOUSING ASSISTANCE.—If applicable, 

9 each State and local educational agency that re10 ceives assistance under this subtitle shall coordi11 nate with State and local housing agencies re12 sponsible for developing the comprehensive hous13 ing affordability strategy described in section 

14 105 of the Cranston-Gonzales National Afford15 able Housing Act (42 U.S.C. 12705) to minimize 

16 educational disruption for children and youth 

17 who become homeless. 

18 ‘‘(C) COORDINATION PURPOSE.—The coordi19 nation required under subparagraphs (A) and 

20 (B) shall be designed to— 

21 ‘‘(i) ensure that homeless children and 

22 youth have access and reasonable proximity 

23 to available education and related support 

24 services; and 


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1 ‘‘(ii) raise the awareness of school per2 sonnel and service providers of the effects of 

3 short-term stays in a shelter and other chal4 lenges associated with homelessness. 

5 ‘‘(6) LIAISON.— 

6 ‘‘(A) DUTIES.—Each local liaison for home7 less children and youth, designated under para8 graph (1)(J)(ii), shall ensure that— 

9 ‘‘(i) homeless children and youth are 

10 identified by school personnel and through 

11 coordination activities with other entities 

12 and agencies; 

13 ‘‘(ii) homeless children and youth en14 roll in, and have an equal opportunity to 

15 succeed in, schools of that agency; 

16 ‘‘(iii) homeless families, children, and 

17 youth receive educational services for which 

18 such families, children, and youth are eligi19 ble, including Head Start and Even Start 

20 programs and preschool programs adminis21 tered by the local educational agency, and 

22 referrals to health care services, dental serv23 ices, mental health services, and other ap24 propriate services; 


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1 ‘‘(iv) the parents or guardians of 

2 homeless children and youth are informed of 

3 the education and related opportunities 

4 available to their children and are provided 

5 with meaningful opportunities to partici6 pate in the education of their children; 

7 ‘‘(v) public notice of the educational 

8 rights of homeless children and youth is dis9 seminated where such children and youth 

10 receive services under this Act, such as 

11 schools, family shelters, and soup kitchens; 

12 ‘‘(vi) enrollment disputes are mediated 

13 in accordance with subsection (g)(3)(E); 

14 and 

15 ‘‘(vii) the parent or guardian of a 

16 homeless child or youth, and any unaccom17 panied youth, is fully informed of all trans18 portation services, including transportation 

19 to the school of origin, as described in para20 graph (1)(J)(ii), and is assisted in access21 ing transportation to the school selected in 

22 accordance with paragraph (3)(A). 

23 ‘‘(B) NOTICE.—State coordinators whose 

24 duties are described under subsection (d) and 

25 local educational agencies shall inform school 


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1 personnel, service providers, and advocates work2 ing with homeless families of the duties of the li3 aisons. 

4 ‘‘(C) LOCAL AND STATE COORDINATION.— 

5 Local educational agency liaisons for homeless 

6 children and youth shall, as a part of their du7 ties, coordinate and collaborate with State coor8 dinators and community and school personnel 

9 responsible for the provision of education and re10 lated services to homeless children and youth. 

11 ‘‘(7) REVIEW AND REVISIONS.— 

12 ‘‘(A) IN GENERAL.—Each State educational 

13 agency and local educational agency that re14 ceives assistance under this subtitle, shall review 

15 and revise any policies that may act as barriers 

16 to the enrollment of homeless children and youth 

17 in schools selected in accordance with paragraph 

18 (3). 

19 ‘‘(B) CONSIDERATION.—In reviewing and 

20 revising such policies, consideration shall be 

21 given to issues concerning transportation, immu22 nization, residency, birth certificates, school 

23 records and other documentation, and guardian24 ship. 


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1 ‘‘(C) SPECIAL ATTENTION.—Special atten2 tion shall be given to ensuring the enrollment 

3 and attendance of homeless children and youth 

4 who are not currently attending school. 

5 ‘‘SEC. 723. LOCAL EDUCATIONAL AGENCY GRANTS FOR THE 

6 EDUCATION OF HOMELESS CHILDREN AND 

7 YOUTH. 

8 ‘‘(a) GENERAL AUTHORITY.— 

9 ‘‘(1) IN GENERAL.—The State educational agen10 cy shall, in accordance with section 722(e) and from 

11 amounts made available to such agency under section 

12 726, make grants to local educational agencies for the 

13 purpose of facilitating the enrollment, attendance, 

14 and success in school of homeless children and youth. 

15 ‘‘(2) SERVICES.— 

16 ‘‘(A) IN GENERAL.—Services under para17 graph (1)— 

18 ‘‘(i) may be provided through pro19 grams on school grounds or at other facili20 ties; 

21 ‘‘(ii) shall, to the maximum extent 

22 practicable, be provided through existing 

23 programs and mechanisms that integrate 

24 homeless children and youth with nonhome25 less children and youth; and 


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1 ‘‘(iii) shall be designed to expand or 

2 improve services provided as part of a 

3 school’s regular academic program, but not 

4 to replace such services provided under such 

5 program. 

6 ‘‘(B) SERVICES ON SCHOOL GROUNDS.—If 

7 services under paragraph (1) are provided on 

8 school grounds, schools— 

9 ‘‘(i) may use funds under this subtitle 

10 to provide the same services to other chil11 dren and youth who are determined by the 

12 local educational agency to be at risk of 

13 failing in, or dropping out of, schools, sub14 ject to the requirements of clause (ii); and 

15 ‘‘(ii) except as otherwise provided in 

16 section 722(e)(3)(B), shall not provide serv17 ices in settings within a school that seg18 regates homeless children and youth from 

19 other children and youth, except as is nec20 essary for short periods of time— 

21 ‘‘(I) for health and safety emer22 gencies; or 

23 ‘‘(II) to provide temporary, spe24 cial, and supplementary services to 


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1 meet the unique needs of homeless chil2 dren and youth. 

3 ‘‘(3) REQUIREMENT.—Services provided under 

4 this section shall not replace the regular academic 

5 program and shall be designed to expand upon or im6 prove services provided as part of the school’s regular 

7 academic program. 

8 ‘‘(b) APPLICATION.—A local educational agency that 

9 desires to receive a grant under this section shall submit 

10 an application to the State educational agency at such 

11 time, in such manner, and containing or accompanied by 

12 such information as the State educational agency may rea13 sonably require. Each such application shall include— 

14 ‘‘(1) an assessment of the educational and related 

15 needs of homeless children and youth, as defined in 

16 section 725(1) and (2), in the area served by such 

17 agency (which may be undertaken as part of needs as18 sessments for other disadvantaged groups); 

19 ‘‘(2) a description of the services and programs 

20 for which assistance is sought to address the needs 

21 identified in paragraph (1); 

22 ‘‘(3) an assurance that the local educational 

23 agency’s combined fiscal effort per student, or the ag24 gregate expenditures of that agency and the State 

25 with respect to the provision of free public education 


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1 by such agency for the fiscal year preceding the fiscal 

2 year for which the determination is made, was not 

3 less than 90 percent of such combined fiscal effort or 

4 aggregate expenditures for the second fiscal year pre5 ceding the fiscal year for which the determination is 

6 made; 

7 ‘‘(4) an assurance that the applicant complies 

8 with, or will use requested funds to comply with, 

9 paragraphs (3) through (7) of section 722(g); and 

10 ‘‘(5) a description of policies and procedures, 

11 consistent with section 722(e)(3)(B), that the agency 

12 will implement to ensure that activities carried out 

13 by the agency will not isolate or stigmatize homeless 

14 children and youth. 

15 ‘‘(c) AWARDS.— 

16 ‘‘(1) IN GENERAL.—The State educational agen17 cy shall, in accordance with the requirements of this 

18 subtitle and from amounts made available to it under 

19 section 726, make competitive subgrants to local edu20 cational agencies that submit applications under sub21 section (b). Such subgrants shall be awarded on the 

22 basis of the need of such agencies for assistance under 

23 this subtitle and the quality of the applications sub24 mitted. 


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1 ‘‘(2) NEED.—In determining need under para2 graph (1), the State educational agency may consider 

3 the number of homeless children and youth enrolled in 

4 preschool, elementary, and secondary schools within 

5 the area served by the agency, and shall consider the 

6 needs of such children and youth and the ability of 

7 the agency to meet such needs. Such agency may also 

8 consider— 

9 ‘‘(A) the extent to which the proposed use of 

10 funds would facilitate the enrollment, retention, 

11 and educational success of homeless children and 

12 youth; 

13 ‘‘(B) the extent to which the application— 

14 ‘‘(i) reflects coordination with other 

15 local and State agencies that serve homeless 

16 children and youth; and 

17 ‘‘(ii) meets the requirements of section 

18 722(g)(3); 

19 ‘‘(C) the extent to which the applicant ex20 hibits in the application and in current practice 

21 a commitment to education for all homeless chil22 dren and youth; and 

23 ‘‘(D) such other criteria as the State agency 

24 determines appropriate. 


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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 applicant’s needs assessment under 

5 subsection (b)(1) and the likelihood that the pro6 gram presented in the application will meet such 

7 needs; 

8 ‘‘(B) the types, intensity, and coordination 

9 of the services to be provided 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 applicant’s evalua16 tion plan for the program; 

17 ‘‘(F) the extent to which services provided 

18 under this subtitle will be coordinated with other 

19 available services; and 

20 ‘‘(G) such other measures as the State edu21 cational agency considers indicative of a high22 quality program. 

23 ‘‘(4) DURATION OF GRANTS.—Grants awarded 

24 under this section shall be for terms not to exceed 3 

25 years. 


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1 ‘‘(d) AUTHORIZED ACTIVITIES.—A local educational 

2 agency may use funds awarded under this section for activi3 ties to carry out the purpose of this subtitle, including— 

4 ‘‘(1) the provision of tutoring, supplemental in5 struction, and enriched educational services that are 

6 linked to the achievement of the same challenging 

7 State academic content standards and challenging 

8 State student academic achievement standards the 

9 State establishes for other children and youth; 

10 ‘‘(2) the provision of expedited evaluations of the 

11 strengths and needs of homeless children and youth, 

12 including needs and eligibility for programs and serv13 ices (such as educational programs for gifted and tal14 ented students, children with disabilities, and stu15 dents with limited-English proficiency, services pro16 vided under title I of the Elementary and Secondary 

17 Education Act of 1965 or similar State or local pro18 grams, programs in vocational and technical edu19 cation, and school nutrition programs); 

20 ‘‘(3) professional development and other activi21 ties for educators and pupil services personnel that 

22 are designed to heighten the understanding and sensi23 tivity of such personnel to the needs of homeless chil24 dren and youth, the rights of such children and youth 


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1 under this Act, and the specific educational needs of 

2 runaway and homeless youth; 

3 ‘‘(4) the provision of referral services to homeless 

4 children and youth for medical, dental, mental, and 

5 other health services; 

6 ‘‘(5) the provision of assistance to defray the ex7 cess cost of transportation for students pursuant to 

8 section 722(g)(4)(A), not otherwise provided through 

9 Federal, State, or local funding, where necessary to 

10 enable students to attend the school selected under sec11 tion 722(g)(3); 

12 ‘‘(6) the provision of developmentally appro13 priate early childhood education programs, not other14 wise provided through Federal, State, or local fund15 ing, for preschool-aged children; 

16 ‘‘(7) the provision of services and assistance to 

17 attract, engage, and retain homeless youth (as de18 scribed in paragraphs (1) and (2) of section 725) in 

19 public school programs and services provided to non20 homeless youth; 

21 ‘‘(8) the provision for homeless children and 

22 youth of before- and after-school, mentoring, and sum23 mer programs in which a teacher or other qualified 

24 individual provides tutoring, homework assistance, 

25 and supervision of educational activities; 


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1 ‘‘(9) if necessary, the payment of fees and other 

2 costs associated with tracking, obtaining, and trans3 ferring records necessary to enroll homeless children 

4 and youth in school, including birth certificates, im5 munization or medical records, academic records, 

6 guardianship records, and evaluations for special pro7 grams or services; 

8 ‘‘(10) the provision of education and training to 

9 the parents of homeless children and youth about the 

10 rights of, and resources available to, such children 

11 and youth; 

12 ‘‘(11) the development of coordination between 

13 schools and agencies providing services to homeless 

14 children and youth, as described in section 722(g)(5); 

15 ‘‘(12) the provision of pupil services (including 

16 violence prevention counseling) and referrals for such 

17 services; 

18 ‘‘(13) activities to address the particular needs of 

19 homeless children and youth that may arise from do20 mestic violence; 

21 ‘‘(14) the adaptation of space and purchase of 

22 supplies for nonschool facilities made available under 

23 subsection (a)(2) to provide services under this sub24 section; 


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1 ‘‘(15) the provision of school supplies, including 

2 those supplies to be distributed at shelters or tem3 porary housing facilities, or other appropriate loca4 tions; and 

5 ‘‘(16) the provision of other extraordinary or 

6 emergency assistance needed to enable homeless chil7 dren and youth to attend school. 

8 ‘‘SEC. 724. SECRETARIAL RESPONSIBILITIES. 

9 ‘‘(a) REVIEW OF PLANS.—In reviewing the State plan 

10 submitted by a State educational agency under section 

11 722(g), the Secretary shall use a peer review process and 

12 shall evaluate whether State laws, policies, and practices 

13 described in such plans adequately address the problems of 

14 homeless children and youth relating to access to education 

15 and placement as described in such plans. 

16 ‘‘(b) TECHNICAL ASSISTANCE.—The Secretary shall 

17 provide support and technical assistance to the State edu18 cational agencies to assist such agencies to carry out their 

19 responsibilities under this subtitle, if requested by the State 

20 educational agency. 

21 ‘‘(c) NOTICE.—The Secretary shall, before the next 

22 school year that begins after the date of the enactment of 

23 the McKinney-Vento Homeless Education Assistance Im24 provements Act of 2001, create and disseminate nationwide 

25 a public notice of the educational rights of homeless children 


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1 and youth and disseminate such notice to other Federal 

2 agencies, programs, and grantees, including Head Start 

3 grantees, Health Care for the Homeless grantees, Emergency 

4 Food and Shelter grantees, and homeless assistance pro5 grams administered by the Department of Housing and 

6 Urban Development. 

7 ‘‘(d) EVALUATION AND DISSEMINATION.—The Sec8 retary shall conduct evaluation and dissemination activi9 ties of programs designed to meet the educational needs of 

10 homeless elementary and secondary school students, and 

11 may use funds appropriated under section 726 to conduct 

12 such activities. 

13 ‘‘(e) SUBMISSION AND DISTRIBUTION.—The Secretary 

14 shall require applications for grants under this subtitle to 

15 be submitted to the Secretary not later than the expiration 

16 of the 60-day period beginning on the date that funds are 

17 available for purposes of making such grants and shall 

18 make such grants not later than the expiration of the 120- 

19 day period beginning on such date. 

20 ‘‘(f) DETERMINATION BY SECRETARY.—The Secretary, 

21 based on the information received from the States and infor22 mation gathered by the Secretary under subsection (e), shall 

23 determine the extent to which State educational agencies are 

24 ensuring that each homeless child and homeless youth has 


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1 access to a free appropriate public education as described 

2 in section 721(1). 

3 ‘‘(g) INFORMATION.— 

4 ‘‘(1) IN GENERAL.—From funds appropriated 

5 under section 726, the Secretary shall, either directly 

6 or through grants, contracts, or cooperative agree7 ments, periodically collect and disseminate data and 

8 information regarding— 

9 ‘‘(A) the number and location of homeless 

10 children and youth; 

11 ‘‘(B) the education and related services such 

12 children and youth receive; 

13 ‘‘(C) the extent to which such needs are 

14 being met; and 

15 ‘‘(D) such other data and information as 

16 the Secretary deems necessary and relevant to 

17 carry out this subtitle. 

18 ‘‘(2) COORDINATION.—The Secretary shall co19 ordinate such collection and dissemination with other 

20 agencies and entities that receive assistance and ad21 minister programs under this subtitle. 

22 ‘‘(h) REPORT.—Not later than 4 years after the date 

23 of the enactment of the McKinney-Vento Homeless Edu24 cation Assistance Improvements Act of 2001, the Secretary 

25 shall prepare and submit to the President and the ComVerDate Mar 15 2010 15:07 Jun 10, 2011 Jkt 223001 PO 00000 Frm 00964 Fmt 6652 Sfmt 6203 E:\ERIC\H1.RH2 H1

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1 mittee on Education and the Workforce of the House of Rep2 resentatives and the Committee on Health, Education, 

3 Labor, and Pensions of the Senate a report on the status 

4 of education of homeless children and youth, which shall 

5 include information on— 

6 ‘‘(1) the education of homeless children and 

7 youth; and 

8 ‘‘(2) the actions of the Department and the effec9 tiveness of the programs supported under this subtitle. 

10 ‘‘SEC. 725. DEFINITIONS. 

11 ‘‘In this subtitle: 

12 ‘‘(1) The term ‘homeless children and youth’— 

13 ‘‘(A) means individuals who lack a fixed, 

14 regular, and adequate nighttime residence (with15 in the meaning of section 103(a)(1)); 

16 ‘‘(B) includes— 

17 ‘‘(i) children and youth who are living 

18 in doubled-up accommodations sharing the 

19 housing of another due to loss of housing, 

20 economic hardship or a similar reason, are 

21 living in motels, hotels, trailer parks, or 

22 camping grounds due to the lack of alter23 native adequate accommodations, are living 

24 in emergency or transitional shelters, are 


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1 abandoned in hospitals, or are awaiting fos2 ter care placement; 

3 ‘‘(ii) individuals who have a primary 

4 nighttime residence that is a public or pri5 vate place not designed for or ordinarily 

6 used as a regular sleeping accommodation 

7 for human beings (within the meaning of 

8 section 103(a)(2)(C)); and 

9 ‘‘(iii) children and youth who are liv10 ing in cars, parks, public spaces, abandoned 

11 buildings or substandard housing, bus or 

12 train stations, or similar settings; and 

13 ‘‘(C) does not include migratory children 

14 (as such term is defined in section 1309(2) of the 

15 Elementary and Secondary Education Act of 

16 1965), unless such children are staying in ac17 commodations not fit for habitation. 

18 ‘‘(2) The term ‘unaccompanied youth’ includes 

19 youth not in the physical custody of a parent or 

20 guardian. 

21 ‘‘(3) The terms ‘enroll’ and ‘enrollment’ include 

22 within their meaning the right to attend classes and 

23 to participate fully in school activities. 

24 ‘‘(4) The terms ‘local educational agency’ and 

25 ‘State educational agency’ have the meanings given 


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1 such terms in section 8101 of the Elementary and 

2 Secondary Education Act of 1965. 

3 ‘‘(5) The term ‘Secretary’ means the Secretary of 

4 Education. 

5 ‘‘(6) The term ‘State’ means each of the 50 

6 States, the District of Columbia, and the Common7 wealth of Puerto Rico. 

8 ‘‘SEC. 726. AUTHORIZATION OF APPROPRIATIONS. 

9 ‘‘For the purpose of carrying out this subtitle, there 

10 are authorized to be appropriated $60,000,000 for fiscal 

11 year 2002 and such sums as may be necessary for each of 

12 the fiscal years 2003 through 2006.’’. 

13 SEC. 915. TECHNICAL AMENDMENT. 

14 (a) IN GENERAL.—Section 1 of Public Law 106–400 

15 (42 U.S.C. 11301) is amended by striking ‘‘Section 1 of’’ 

16 and inserting ‘‘Section 101 of’’. 

17 (b) EFFECTIVE DATE.—The amendment made by sub18 section (a) shall be deemed to be effective on the date of 

19 enactment of Public Law 106–400. 

20 PART B—REPEALS 

21 SEC. 921. REPEALS. 

22 The following provisions are repealed: 

23 (1) GOALS.—Parts A and C of title II and title 

24 VI of Goals 2000: Educate America Act. 


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1 (2) TROOPS-TO-TEACHERS PROGRAM ACT OF

2 1999.—The Troops-to-Teachers Program Act of 1999 

3 (title XVII of Public Law 106–65; 20 U.S.C. 9301 et 

4 seq.). 

5 (3) ESEA.— 

6 (A) Title IX, relating to Indian, Native Ha7 waiian, and Alaska Native education. 

8 (B) Parts A, B, C, D, F, G, I, J, L, of title 

9 X, relating to programs of national significance. 

10 (C) Title XI, relating to coordinated serv11 ices. 

12 (D) Title XII, relating to education infra13 structure. 

14 (E) The title heading of title XIII and sec15 tions 13001 and 13002. 

16 (F) Title XIV, relating to general provi17 sions. 


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Union Calendar No. 38 

107TH CONGRESS 

1ST SESSION H. R. 1 

[Report No. 107–63, Part I] 

A BILL 

To close the achievement gap with accountability, 

hind. flexibility, and choice, so that no child is left beMAY 15, 2001 

The Committee on the Judiciary discharged; committed 

the Union and ordered to be printed to the Committee of the Whole House on the State of 


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