II

Calendar No. 53

107TH CONGRESS

1ST SESSION H. R. 1

IN THE SENATE OF THE UNITED STATES

MAY 25, 2001

Received; read twice and placed on the calendar

AN ACT

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,
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1 SECTION 1. SHORT TITLE.

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

3 Act of 2001’’.

4 SEC. 2. REFERENCES.

5 Except as otherwise specifically provided in this Act,

6 whenever in this Act an amendment or repeal is expressed

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

8 the reference shall be considered to be made to a section

9 or other provision of the Elementary and Secondary Edu10 cation Act of 1965 (20 U.S.C. 6301 et seq.).

11 SEC. 3. TRANSITION.

12 Except as otherwise specifically provided in this Act,

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

14 that was awarded a grant under the Elementary and Sec15 ondary Education Act of 1965 (20 U.S.C. 6301 et seq.)

16 prior to the date of the enactment of this Act shall con17 tinue to receive funds in accordance with the terms of such

18 award, except that such funds may not be provided after

19 the date that is one year after the effective date of this

20 Act.

21 SEC. 4. TABLE OF CONTENTS.

22 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
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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.

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.
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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.

Sec. 315. Accountability for Bureau funded schools.

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

Sec. 604. Construction.

Sec. 605. State consideration of payments in providing State aid.
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Sec. 606. Authorization of appropriations.

Sec. 607. Repeal of existing title VI; transfer and redesignation of program.

Sec. 608. Sense of Congress relating to full funding of the impact aid 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.

Sec. 914. Education for homeless children and youth.

Sec. 915. Technical amendment.

SUBPART 3—GENERAL EDUCATION PROVISIONS

Sec. 916. Information access and consent.

PART B—EQUAL ACCESS TO PUBLIC SCHOOL FACILITIES

Sec. 921. Short title.

Sec. 922. Equal access.

Sec. 923. Effective date.

PART C—REPEALS

Sec. 931. 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.
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1 TITLE I—IMPROVING THE ACA2 DEMIC PERFORMANCE OF

3 THE DISADVANTAGED

4 PART A—BASIC PROGRAM

5 SEC. 101. DISADVANTAGED CHILDREN MEET HIGH ACA6 DEMIC STANDARDS.

7 Section 1001 is amended to read as follows:

8 ‘‘SEC. 1001. FINDINGS; STATEMENT OF PURPOSE; AND REC9 OGNITION OF NEED.

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

11 ‘‘(1) The Constitution of the United States re12 serves to the States and to the people the responsi13 bility for the general supervision of public education

14 in kindergarten through the twelfth grade.

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

16 schools should be given maximum flexibility in ex17 change for greater academic accountability, and be

18 given greater freedom to build upon existing innova19 tive approaches for education reform.

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

21 those who know the students and who are respon22 sible for implementing the decisions.

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

24 right and responsibility to educate their pupils and
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1 children free of excessive regulation by the Federal

2 Government.

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

4 of parents to direct the upbringing of their children

5 as a fundamental right implicit in the concept of or6 dered liberty within the 14th Amendment to the

7 Constitution, as specified in Meyer v. Nebraska, 262

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

9 268 U.S. 510 (1925).

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

11 children living in poverty face the greatest chal12 lenges, but effective educational strategies based on

13 scientifically based research can succeed in edu14 cating children to high academic standards.

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

16 to be identified as failing to meet State academic

17 standards for satisfactory progress. As a result,

18 these schools are generally the most in need of addi19 tional resources and technical assistance to build the

20 capacity of these schools to address the many needs

21 of their students.

22 ‘‘(8) The educational progress of children par23 ticipating in programs under this title is closely as24 sociated with their being taught by a highly qualified

25 staff, particularly in schools with the highest con-
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1 centrations of poverty, where paraprofessionals,

2 uncertified teachers, and teachers teaching out of

3 field frequently provide instructional services.

4 ‘‘(9) Congress and the public would benefit

5 from additional data evaluating the efficacy of the

6 Elementary and Secondary Education Act of 1965.

7 ‘‘(10) Schools operating programs assisted

8 under this part must be held accountable for the

9 educational achievement of their students, when

10 those students fail to demonstrate progress in

11 achieving high academic standards, local educational

12 agencies and States must take significant actions to

13 improve the educational opportunities available to

14 them.

15 ‘‘(b) PURPOSE AND INTENT.—The purpose and in16 tent of this title are to ensure that all children have a

17 fair and equal opportunity to obtain a high-quality edu18 cation.

19 ‘‘(c) RECOGNITION OF NEED.—The Congress recog20 nizes the following:

21 ‘‘(1) Educational needs are particularly great

22 for low-achieving children in our Nation’s highest23 poverty schools, children with limited English pro24 ficiency, children of migrant workers, children with

25 disabilities, Indian children, children who are ne-
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1 glected or delinquent, and young children who are in

2 need of reading assistance and family literacy assist3 ance.

4 ‘‘(2) Despite more than 3 decades of Federal

5 assistance, a sizable achievement gap remains be6 tween minority and nonminority students, and be7 tween disadvantaged students and their more advan8 taged peers.

9 ‘‘(3) Too many students attend local schools

10 that fail to provide them with a quality education,

11 and are given no alternatives to enable them to re12 ceive a quality education.

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

14 schools need to be held accountable for improving

15 the academic achievement of all students, and for

16 identifying and turning around low-performing

17 schools.

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

19 to ensure that high quality academic assessments,

20 accountability systems, teacher preparation and

21 training, curriculum, and instructional materials are

22 aligned with challenging State academic standards

23 so that students, teachers, parents, and administra24 tors can measure progress against common expecta25 tions for student academic achievement.
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1 ‘‘(6) Federal education assistance is intended

2 not only to increase pupil achievement overall, but

3 also more specifically and importantly, to help en4 sure that all students, especially the disadvantaged,

5 meet challenging academic achievement standards. It

6 can only be determined if schools, local educational

7 agencies, and States are reaching this goal if stu8 dent achievement results are reported specifically by

9 disadvantaged and minority status.’’.

10 SEC. 102. AUTHORIZATION OF APPROPRIATIONS.

11 Section 1002 is amended to read as follows:

12 ‘‘SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.

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

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

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

16 $11,500,000,000 for fiscal year 2002, $13,000,000,000

17 for fiscal year 2003, $14,500,000,000 for fiscal year 2004,

18 $16,000,000,000 for fiscal year 2005, and

19 $17,200,000,000 for fiscal year 2006.

20 ‘‘(b) STUDENT READING SKILLS IMPROVEMENT

21 GRANTS.—

22 ‘‘(1) READING FIRST.—For the purpose of car23 rying out subpart 1 of part B, there are authorized

24 to be appropriated $900,000,000 for fiscal year
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1 2002 and such sums as may be necessary for each

2 of the 4 succeeding fiscal years.

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

4 of carrying out subpart 2 of part B, there are au5 thorized to be appropriated $75,000,000 for fiscal

6 year 2002 and such sums as may be necessary for

7 each of the 4 succeeding fiscal years.

8 ‘‘(3) EVEN START.—For the purpose of car9 rying out subpart 3 of part B, there are authorized

10 to be appropriated $275,000,000 for fiscal year

11 2002 and such sums as may be necessary for each

12 of the 4 succeeding fiscal years.

13 ‘‘(4) INEXPENSIVE BOOK DISTRIBUTION PRO14 GRAM.—For the purpose of carrying out subpart 4

15 of part B, there are authorized to be appropriated

16 such sums as may be necessary for fiscal year 2002

17 and each of the 4 succeeding fiscal years.

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

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

20 to be appropriated $420,000,000 for fiscal year 2002 and

21 such sums as may be necessary for each of the 4 suc22 ceeding fiscal years.

23 ‘‘(d) PREVENTION AND INTERVENTION PROGRAMS

24 FOR YOUTH WHO ARE NEGLECTED, DELINQUENT, OR AT

25 RISK OF DROPPING OUT.—For the purpose of carrying
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1 out part D, there are authorized to be appropriated

2 $50,000,000 for fiscal year 2002 and such sums as may

3 be necessary for each of the 4 succeeding fiscal years.

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

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

6 be appropriated $260,000,000 for fiscal year 2002 and

7 such sums as may be necessary for each of the 4 suc8 ceeding fiscal years.

9 ‘‘(f) RURAL EDUCATION.—For the purpose of car10 rying out part G, there are authorized to be appropriated

11 $300,000,000 for fiscal year 2002 and such sums as may

12 be necessary for each of 4 succeeding fiscal years to be

13 distributed equally between subparts 1 and 2.

14 ‘‘(g) CAPITAL EXPENSES.—For the purpose of car15 rying out section 1120(e), there are authorized to be ap16 propriated $6,000,000 for fiscal year 2002, and such sums

17 as may be necessary for fiscal year 2003.

18 ‘‘(h) FEDERAL ACTIVITIES.—

19 ‘‘(1) SECTIONS 1501 AND 1502.—(A) For the

20 purpose of carrying out section 1501, there are au21 thorized to be appropriated $9,000,000 for fiscal

22 year 2002 and such sums as may be necessary for

23 each of the 4 succeeding fiscal years.

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

25 1502, there are authorized to be appropriated such
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1 sums as may be necessary for fiscal year 2002 and

2 for each of the 4 succeeding fiscal years.

3 ‘‘(2) SECTION 1503.—For the purpose of car4 rying out section 1503, there are authorized to be

5 appropriated such sums as may be necessary for fis6 cal year 2002 and for each of the 4 succeeding fiscal

7 years.

8 ‘‘(i) STATE ADMINISTRATION.—

9 ‘‘(1) STATE RESERVATION.—Each State may

10 reserve, from the sum of the amounts it receives

11 under parts A, C, and D of this title, an amount

12 equal to the greater of 1 percent of the amount it

13 received under such parts for fiscal year 2001, or

14 $400,000 ($50,000 for each outlying area), includ15 ing any funds it receives under paragraph (2), to

16 carry out administrative duties assigned under parts

17 A, C, and D.

18 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—

19 There are authorized to be appropriated

20 $10,000,000 for fiscal year 2002 and such sums as

21 may be necessary for each of the 4 succeeding fiscal

22 years for additional State administration grants.

23 Any such additional grants shall be allocated among

24 the States in proportion to the sum of the amounts
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1 received by each State for that fiscal year under

2 parts A, C, and D of this title.

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

4 each State under paragraphs (1) and (2) may not

5 exceed the amount of State funds expended by the

6 State educational agency to administer elementary

7 and secondary 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

21 purpose of assisting local educational agencies and

22 schools that were in school improvement status on

23 the date preceding the date of the enactment of the

24 No Child Left Behind Act of 2001.
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1 ‘‘(2) REALLOCATIONS.—If a State does not

2 apply for funds under this subsection, the Secretary

3 shall reallocate such funds to other States in the

4 same proportion funds are allocated under para5 graph (1).

6 ‘‘(3) STATE APPLICATIONS.—Each State edu7 cational agency that desires to receive funds under

8 this subsection shall submit an application to the

9 Secretary at such time, and containing such infor10 mation as the Secretary shall reasonably require, ex11 cept that such requirement shall be waived if a State

12 educational agency has submitted such information

13 as part of its State plan under this part. Each State

14 plan shall describe how such funds will be allocated

15 to ensure that the State educational agency and

16 local educational agencies comply with school im17 provement, corrective action, and restructuring re18 quirements of section 1116.

19 ‘‘(4) LOCAL EDUCATIONAL AGENCY GRANTS.—

20 A grant to a local educational agency under this

21 subsection shall be—

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

23 the activities required under sections 1116 and

24 1117, but not less than $50,000 and not more

25 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 two additional 1-year

4 periods if schools are making yearly progress

5 consistent with State and local educational

6 agency 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

12 sure such funds are used to provide adequate re13 sources to enable the lowest achieving schools to

14 meet the yearly progress goals under State and local

15 school improvement, corrective action, and restruc16 turing plans 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

25 achieving schools the resources necessary to meet
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1 yearly progress goals under State and local school

2 improvement, corrective action, and restructuring

3 plans under section 1116.

4 ‘‘(8) AUTHORIZATION OF APPROPRIATIONS.—

5 For the purpose of carrying out this subsection,

6 there are authorized to be appropriated

7 $500,000,000 for fiscal year 2002 and such sums as

8 may be necessary for each of the 4 succeeding fiscal

9 years.’’.

10 SEC. 103. RESERVATION FOR SCHOOL IMPROVEMENT.

11 Section 1003 is amended to read as follows:

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

13 ‘‘(a) STATE RESERVATIONS.—Each State shall re14 serve 1 percent of the amount it receives under subpart

15 2 of part A for fiscal years 2002 and 2003, and 3 percent

16 of the amount received under such subpart for fiscal years

17 2004 through 2006, to carry out subsection (b) and to

18 carry out the State’s responsibilities under sections 1116

19 and 1117, including carrying out the State educational

20 agency’s statewide system of technical assistance and sup21 port for local educational agencies.

22 ‘‘(b) USES.—Of the amount reserved under sub23 section (a) for any fiscal year, the State educational agen24 cy shall allocate at least 95 percent of that amount directly

25 to local educational agencies for schools identified for
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1 school improvement, corrective action, and restructuring

2 under section 1116(b) that have the greatest need for that

3 assistance in amounts sufficient to have a significant im4 pact in improving those schools.

5 ‘‘(c) PRIORITY.—The State educational agency, in al6 locating funds to local educational agencies under this sec7 tion, shall give priority to local educational agencies

8 that—

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

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

11 funds; and

12 ‘‘(3) demonstrate the strongest commitment to

13 ensuring that such funds are used to enable the low14 est achieving schools to meet the yearly progress

15 goals under section 1116(b)(3)(A)(v).

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

17 local educational agencies in the State, the State edu18 cational agency determines that the amount of funds re19 served to carry out subsection (b) is greater than the

20 amount needed to provide the assistance described in that

21 subsection, it may allocate the excess amount to local edu22 cational agencies in accordance with either or both—

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

24 agencies for that fiscal year under subpart 2 of part

25 A; or
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1 ‘‘(2) section 1126(c).

2 ‘‘(e) SPECIAL RULE.—Notwithstanding any other

3 provision of this section, the amount of funds reserved by

4 the State under subsection (a) in any given fiscal year

5 shall not decrease the amount of funds each local edu6 cational agency receives under subpart 2 below the amount

7 received by such agency under such subpart in the pre8 ceding fiscal year.’’.

9 SEC. 104. BASIC PROGRAMS.

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

11 through 1115 are amended to read as follows:

12 ‘‘PART A—IMPROVING BASIC PROGRAMS

13 OPERATED BY LOCAL EDUCATIONAL AGENCIES

14 ‘‘Subpart 1—Basic Program Requirements

15 ‘‘SEC. 1111. STATE PLANS.

16 ‘‘(a) PLANS REQUIRED.—

17 ‘‘(1) IN GENERAL.—Any State desiring to re18 ceive a grant under this part shall submit to the

19 Secretary, by March 1, 2002, a plan, developed in

20 consultation with local educational agencies, teach21 ers, principals, pupil services personnel, administra22 tors (including administrators of programs described

23 in other parts of this title), other staff, and parents,

24 that satisfies the requirements of this section and

25 that is coordinated with other programs under this
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1 Act, the Individuals with Disabilities Education Act

2 (20 U.S.C. 1400 et seq.), the Carl D. Perkins Voca3 tional and Technical Education Act of 1998 (20

4 U.S.C. 2301 et seq.), the Head Start Act (42 U.S.C.

5 9831 et seq.), and the McKinney-Vento Homeless

6 Assistance Act (42 U.S.C. 11431 et seq.).

7 ‘‘(2) CONSOLIDATED PLAN.—A State plan sub8 mitted under paragraph (1) may be submitted as

9 part of a consolidated plan under section 8302.

10 ‘‘(b) ACADEMIC STANDARDS, ACADEMIC ASSESS11 MENTS, AND ACCOUNTABILITY.—

12 ‘‘(1) CHALLENGING ACADEMIC STANDARDS.—

13 ‘‘(A) Each State plan shall demonstrate

14 that the State has adopted challenging aca15 demic content standards and challenging stu16 dent academic achievement standards that will

17 be used by the State, its local educational agen18 cies, and its schools to carry out this part, ex19 cept that a State shall not be required to sub20 mit such standards to the Secretary.

21 ‘‘(B) The academic standards required by

22 subparagraph (A) shall be the same academic

23 standards that the State applies to all schools

24 and children in the State.
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1 ‘‘(C) The State shall have such academic

2 standards for all public elementary and sec3 ondary school children, including children

4 served under this part, in subjects determined

5 by the State, but including at least mathe6 matics, reading or language arts, and science

7 (beginning in the 2005–2006 school year),

8 which shall include the same knowledge, skills,

9 and levels of achievement expected of all chil10 dren.

11 ‘‘(D) Academic standards under this para12 graph shall include—

13 ‘‘(i) challenging academic content

14 standards in academic subjects that—

15 ‘‘(I) specify what children are ex16 pected to know and be able to do;

17 ‘‘(II) contain coherent and rig18 orous content; and

19 ‘‘(III) encourage the teaching of

20 advanced skills; and

21 ‘‘(ii) challenging student academic

22 achievement standards that—

23 ‘‘(I) are aligned with the State’s

24 academic content standards;
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1 ‘‘(II) describe 2 levels of high

2 performance (proficient and advanced)

3 that determine how well children are

4 mastering the material in the State

5 academic content standards; and

6 ‘‘(III) describe a third level of

7 performance (basic) to provide com8 plete information about the progress

9 of the lower performing children to10 ward achieving to the proficient and

11 advanced levels of performance.

12 ‘‘(E) For the subjects in which students

13 will be served under this part, but for which a

14 State is not required by subparagraphs (A),

15 (B), and (C) to develop, and has not otherwise

16 developed such academic standards, the State

17 plan shall describe a strategy for ensuring that

18 students are taught the same knowledge and

19 skills in such subjects and held to the same ex20 pectations as are all children.

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

22 State from revising any standard adopted under

23 this part before or after the date of enactment

24 of the No Child Left Behind Act of 2001.

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

2 demonstrate that the State has developed and is

3 implementing a statewide State accountability

4 system that has been or will be effective in en5 suring that all local educational agencies, public

6 elementary schools, and public secondary

7 schools make adequate yearly progress as de8 fined under subparagraph (B). Each State ac9 countability system shall—

10 ‘‘(i) be based on the academic stand11 ards and academic assessments adopted

12 under paragraphs (1) and (4) and take

13 into account the performance of all public

14 school students;

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

16 system the State uses for all public schools

17 or all local educational agencies in the

18 State, except that public schools and local

19 educational agencies not participating

20 under this part are not subject to the re21 quirements of section 1116; and

22 ‘‘(iii) include rewards and sanctions

23 the State will use to hold local educational

24 agencies and public schools accountable for

25 student achievement and for ensuring that
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1 they make adequate yearly progress in ac2 cordance with the State’s definition under

3 subparagraph (B).

4 ‘‘(B) ADEQUATE YEARLY PROGRESS.—

5 Each State plan shall demonstrate, based on

6 academic assessments described under para7 graph (4), what constitutes adequate yearly

8 progress of the State, and of public schools and

9 local educational agencies in the State, toward

10 enabling all public school students to meet the

11 State’s student academic achievement stand12 ards, while working toward the goal of nar13 rowing the achievement gaps in the State, local

14 educational agency, and school.

15 ‘‘(C) DEFINITION.—‘Adequate yearly

16 progress’ shall be defined by the State in a

17 manner that—

18 ‘‘(i) applies the same high academic

19 standards of academic performance to all

20 public school students in the State;

21 ‘‘(ii) measures the progress of public

22 schools and local educational agencies

23 based primarily on the academic assess24 ments described in paragraph (4);
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1 ‘‘(iii) measures the student dropout

2 rate, as defined for the Common Core of

3 Data maintained by the National Center

4 for Education Statistics established under

5 section 403 of the National Education Sta6 tistics Act of 1994 (20 U.S.C. 9002);

7 ‘‘(iv) includes separate annual numer8 ical objectives for continuing and signifi9 cant improvement in each of the following

10 (except that disaggregation of data under

11 subclauses (II) and (III) shall not be re12 quired in a case in which the number of

13 students in a category is insufficient to

14 yield statistically reliable information or

15 the results would reveal individually identi16 fiable information about an individual stu17 dent):

18 ‘‘(I) The achievement of all public

19 school students.

20 ‘‘(II) The achievement of—

21 ‘‘(aa) economically disadvan22 taged students;

23 ‘‘(bb) students from major

24 racial and ethnic groups;
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1 ‘‘(cc) students with disabil2 ities; and

3 ‘‘(dd) students with limited

4 English proficiency;

5 ‘‘(III) solely for the purpose of deter6 mining adequate yearly progress of the

7 State, the acquisition of English language

8 proficiency by children with limited

9 English proficiency;

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

11 also include other academic measures such

12 as promotion, completion of college pre13 paratory courses, and high school comple14 tion (and for individual local educational

15 agencies and schools, the acquisition of

16 English language proficiency by children

17 with limited English proficiency), except

18 that inclusion of such other measures may

19 not change which schools or local edu20 cational agencies would otherwise be sub21 ject to improvement or corrective action

22 under section 1116 if the discretionary in23 dicators were not included; and

24 ‘‘(vi) includes a timeline that—
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1 ‘‘(I) uses as a baseline year the

2 year following the date of enactment

3 of the No Child Left Behind Act of

4 2001;

5 ‘‘(II) establishes a target year by

6 which all members of each group of

7 students described in subclauses (I)

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

9 exceed the State’s proficient level of

10 academic performance on the State

11 academic assessment used for the pur12 poses of this section and section 1116,

13 except that the target year shall not

14 be more than 12 years from the base15 line year; and

16 ‘‘(III) for each year until and in17 cluding the target year, establishes

18 annual goals for the academic per19 formance of each group of students

20 described in subclauses (I) and (II) of

21 clause (iii) on the State academic as22 sessment that—

23 ‘‘(aa) indicates a minimum

24 percentage of students who must

25 meet the proficient level on the
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1 academic assessment, such that

2 the minimum percentage is the

3 same for each group of students

4 described in subclauses (I) and

5 (II) of clause (iii); or

6 ‘‘(bb) indicates an annual

7 minimum amount by which the

8 percentage of students who meet

9 the proficient level among each

10 group of students described in

11 subclauses (I) and (II) of clause

12 (iii) shall increase, such that the

13 minimum increase for each group

14 is equal to or greater than 100

15 percent minus the percentage of

16 the group meeting the proficient

17 level in the baseline year divided

18 by the number of years from the

19 baseline year to the target year

20 established under clause (I).

21 ‘‘(D) ANNUAL IMPROVEMENT FOR

22 SCHOOLS.—For a school to make adequate

23 yearly progress under subparagraph (A), not

24 less than 95 percent of each group of students

25 described in subparagraph (C)(iii)(II) who are
29

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1 enrolled in the school are required to take the

2 academic assessments, consistent with section

3 612(a)(17)(A) of the Individuals with Disabil4 ities Education Act (20 U.S.C. 1412(a)(17)(A))

5 and paragraph (4)(G)(ii), on which adequate

6 yearly progress is based.

7 ‘‘(E) PUBLIC NOTICE AND COMMENT.—

8 Each State shall ensure that in developing its

9 plan, it diligently seeks public comment from a

10 range of institutions and individuals in the

11 State with an interest in improved student

12 achievement and that the State makes and will

13 continue to make a substantial effort to ensure

14 that information under this part is widely

15 known and understood by the public, parents,

16 teachers, and school administrators throughout

17 the State. Such efforts shall include, at a min18 imum, publication of such information and ex19 planatory text, broadly to the public through

20 such means as the Internet, the media, and

21 public agencies.

22 ‘‘(3) STATE AUTHORITY.—If a State edu23 cational agency provides evidence, which is satisfac24 tory to the Secretary, that neither the State edu25 cational agency nor any other State government offi-
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1 cial, agency, or entity has sufficient authority, under

2 State law, to adopt curriculum content and student

3 academic achievement standards, and academic as4 sessments aligned with such academic standards,

5 which will be applicable to all students enrolled in

6 the State’s public schools, then the State educational

7 agency may meet the requirements of this subsection

8 by—

9 ‘‘(A) adopting academic standards and

10 academic assessments that meet the require11 ments of this subsection, on a statewide basis,

12 limiting their applicability to students served

13 under this part; or

14 ‘‘(B) adopting and implementing policies

15 that ensure that each local educational agency

16 in the State which receives grants under this

17 part will adopt curriculum content and student

18 academic achievement standards, and academic

19 assessments aligned with such standards, which

20 meet all of the criteria in this subsection and

21 any regulations regarding such standards and

22 assessments which the Secretary may publish,

23 and which are applicable to all students served

24 by each such local educational agency.
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1 ‘‘(4) ACADEMIC ASSESSMENTS.—Each State

2 plan shall demonstrate that the State has imple3 mented a set of high-quality, yearly student aca4 demic assessments that include, at a minimum, aca5 demic assessments in mathematics, and reading or

6 language arts, that will be used as the primary

7 means of determining the yearly performance of the

8 State and of each local educational agency and

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

10 challenging student academic achievement stand11 ards. Such assessments shall—

12 ‘‘(A) be the same academic assessments

13 used to measure the performance of all chil14 dren;

15 ‘‘(B) be aligned with the State’s chal16 lenging content and student academic achieve17 ment standards and provide coherent informa18 tion about student attainment of such stand19 ards;

20 ‘‘(C) be used for purposes for which such

21 assessments are valid and reliable, and be con22 sistent with relevant, recognized professional

23 and technical standards for such assessments;

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

25 scored to ensure the performance of each stu-
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1 dent is evaluated solely against the State’s chal2 lenging academic content standards and not rel3 ative to the score of other students;

4 ‘‘(E) except as otherwise provided for

5 grades 3 through 8 under subparagraph (G),

6 measure the proficiency of students in, at a

7 minimum, mathematics and reading or lan8 guage arts, and be administered not less than

9 once during—

10 ‘‘(i) grades 3 through 5;

11 ‘‘(ii) grades 6 through 9; and

12 ‘‘(iii) grades 10 through 12;

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

14 of student achievement, including measures that

15 assess critical thinking skills and under16 standing;

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

18 2004-2005, measure the performance of stu19 dents against the challenging State content and

20 student academic achievement standards in

21 each of grades 3 through 8 in, at a minimum,

22 mathematics, and reading or language arts, ex23 cept that the Secretary may provide the State

24 1 additional year if the State demonstrates that

25 exceptional or uncontrollable circumstances,
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1 such as a natural disaster or a precipitous and

2 unforeseen decline in the financial resources of

3 the State, prevented full implementation of the

4 academic assessments by that deadline and that

5 it will complete implementation within the addi6 tional 1-year period;

7 ‘‘(H) provide for—

8 ‘‘(i) the participation in such assess9 ments of all students;

10 ‘‘(ii) the reasonable adaptations and

11 accommodations for students with disabil12 ities defined under 602(3) of the Individ13 uals with Disabilities Education Act (20

14 U.S.C. 1401(3)) necessary to measure the

15 achievement of such students relative to

16 State content and State student academic

17 achievement standards;

18 ‘‘(iii) the inclusion of limited English

19 proficient students who shall be assessed,

20 to the extent practicable, in the language

21 and form most likely to yield accurate and

22 reliable information on what such students

23 know and can do in content areas;

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

25 academic assessment (using tests written
34

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1 in English) of reading or language arts of

2 any student who has attended school in the

3 United States (not including Puerto Rico)

4 for 3 or more consecutive school years, ex5 cept if the local educational agency deter6 mines, on a case-by-case individual basis,

7 that academic assessments in another lan8 guage and form would likely yield more ac9 curate and reliable information on what

10 such students know and can do, the local

11 educational agency may assess such stu12 dents in the appropriate language other

13 than English for 1 additional year;

14 ‘‘(I) include students who have attended

15 schools in a local educational agency for a full

16 academic year but have not attended a single

17 school for a full academic year, except that the

18 performance of students who have attended

19 more than one school in the local educational

20 agency in any academic year shall be used only

21 in determining the progress of the local edu22 cational agency;

23 ‘‘(J) produce individual student reports to

24 be provided to parents, which include academic

25 assessment scores, or other information on the
35

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1 attainment of student academic achievement

2 standards; and

3 ‘‘(K) enable results to be disaggregated

4 within each State, local educational agency, and

5 school by gender, by each major racial and eth6 nic group, by English proficiency status, by mi7 grant status, by students with disabilities as

8 compared to nondisabled students, and by eco9 nomically disadvantaged students as compared

10 to students who are not economically disadvan11 taged.

12 ‘‘(L) be tests of objective knowledge, based

13 on measurable, verifiable, and widely accepted

14 professional testing and assessment standards,

15 and shall not assess the personal opinions, atti16 tudes, or beliefs of the student being assessed.

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

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

19 do not meet the requirements of such paragraph

20 may be included as additional measures, but may

21 not be used in lieu of the academic assessments re22 quired in paragraph (4). Results on any additional

23 measures under this paragraph shall not change

24 which schools or local educational agencies would

25 otherwise be subject to improvement or corrective
36

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1 action under section 1116 if the additional measures

2 were not included.

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

4 plan shall identify the languages other than English

5 that are present in the participating student popu6 lation and indicate the languages for which yearly

7 student academic assessments are not available and

8 are needed. The State shall make every effort to de9 velop such assessments and may request assistance

10 from the Secretary if linguistically accessible aca11 demic assessment measures are needed. Upon re12 quest, the Secretary shall assist with the identifica13 tion of appropriate academic assessment measures in

14 the needed languages, but shall not mandate a spe15 cific academic assessment or mode of instruction.

16 ‘‘(7) ACADEMIC ASSESSMENTS OF ENGLISH

17 LANGUAGE PROFICIENCY.—Each State plan shall

18 demonstrate that local educational agencies in the

19 State will, beginning no later than school year

20 2002–2003, annually assess the English proficiency

21 of all students with limited English proficiency in

22 their schools.

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

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

2 assist each local educational agency and school

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

5 sections 1112(c)(1)(D), 1114(c), and 1115(c)

6 that is applicable to such agency or school;

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

8 assist each local educational agency and school

9 affected by the State plan to provide additional

10 educational assistance to individual students as11 sessed as needing help to achieve the State’s

12 challenging academic standards.

13 ‘‘(C) such other factors as the State con14 siders appropriate to provide students an oppor15 tunity to achieve the knowledge and skills de16 scribed in the challenging academic content

17 standards adopted by the State.

18 ‘‘(9) USE OF ACADEMIC ASSESSMENT RESULTS

19 TO IMPROVE STUDENT ACHIEVEMENT.—Each State

20 plan shall describe how the State will ensure that

21 the results of the State assessments described in

22 paragraph (4)—

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

24 later than the end of the school year (consistent

25 with 1116, to local educational agencies,
38

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1 schools, and teachers in a manner that is clear

2 and easy to understand; and

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

4 agencies, schools, and teachers to improve the

5 educational achievement of individual students.

6 ‘‘(10) TECHNICAL ASSISTANCE ON ACADEMIC

7 ASSESSMENT REQUIREMENTS.—The Secretary shall

8 provide technical assistance to interested States re9 garding how to meet the requirements of paragraph

10 (4).

11 ‘‘(c) OTHER PROVISIONS TO SUPPORT TEACHING

12 AND LEARNING.—Each State plan shall contain assur13 ances that—

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

15 2003–2004 school year, the annual State report

16 cards described in subsection (h)(1);

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

18 school year 2002–2003, in annual academic assess19 ments of 4th and 8th grade reading and mathe20 matics under—

21 ‘‘(A) the State National Assessment of

22 Educational Progress carried out under section

23 411(b)(2) of the National Education Statistics

24 Act of 1994 (20 U.S.C. 9010(b)(2)); or
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1 ‘‘(B) another academic assessment selected

2 by the State which meets the criteria of section

3 7101(b)(1)(B)(ii) of this Act;

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

5 with other agencies, including educational service

6 agencies or other local consortia, and institutions to

7 provide technical assistance to local educational

8 agencies and schools to carry out the State edu9 cational agency’s responsibilities under this part, in10 cluding technical assistance in providing professional

11 development under section 1119A and technical as12 sistance under section 1117; and

13 ‘‘(4)(A) where educational service agencies

14 exist, the State educational agency shall consider

15 providing professional development and technical as16 sistance through such agencies; and

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

18 exist, the State educational agency shall consider

19 providing professional development and technical as20 sistance through other cooperative agreements such

21 as through a consortium of local educational agen22 cies;

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

24 local educational agencies and the public of the con25 tent and student academic achievement standards
40

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1 and academic assessments developed under this sec2 tion, and of the authority to operate schoolwide pro3 grams, and will fulfill the State educational agency’s

4 responsibilities regarding local educational agency

5 improvement and school improvement under section

6 1116, including such corrective actions as are nec7 essary;

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

9 the least restrictive and burdensome regulations for

10 local educational agencies and individual schools par11 ticipating in a program assisted under this part;

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

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

14 at all, hinder the ability of States to hold local edu15 cational agencies and schools accountable for stu16 dent academic performance;

17 ‘‘(8) the State educational agency will encour18 age schools to consolidate funds from other Federal,

19 State, and local sources for schoolwide reform in

20 schoolwide programs under section 1114;

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

22 or eliminate State fiscal and accounting barriers so

23 that schools can easily consolidate funds from other

24 Federal, State, and local sources for schoolwide pro25 grams under section 1114;
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1 ‘‘(10) the State educational agency has involved

2 the committee of practitioners established under sec3 tion 1603(b) in developing the plan and monitoring

4 its implementation;

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

6 local educational agencies of the local educational

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

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

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

10 under the Education Flexibility Partnership Act of

11 1999 (20 U.S.C. 5891a et seq.); and

12 ‘‘(12) the State educational agency shall en13 courage local educational agencies and individual

14 schools participating in a program assisted under

15 this part to offer family literacy services (using

16 funds under this part), if the agency or school deter17 mines that a substantial number of students served

18 under this part by the agency or school have parents

19 who do not have a high school diploma or its recog20 nized equivalent or who have low levels of literacy.

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

22 The Secretary shall—

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

24 the review of State plans;
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1 ‘‘(2) approve a State plan within 120 days of

2 its submission unless the Secretary determines that

3 the plan does not meet the requirements of this sec4 tion;

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

6 plan does not meet the requirements of subsection

7 (a), (b), or (c), immediately notify the State of such

8 determination and the reasons for such determina9 tion;

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

11 before—

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

13 revise its plan;

14 ‘‘(B) providing technical assistance in

15 order to assist the State to meet the require16 ments 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 one or more spe23 cific elements of the State’s academic content stand24 ards or to use specific academic assessment instru25 ments or items.
43

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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

8 the State’s participation under this part; and

9 ‘‘(C) be periodically reviewed and revised

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

11 the State’s strategies and programs under this

12 part.

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

14 makes significant changes in its plan, such as the

15 adoption of new or revised State academic content

16 standards and State student achievement standards,

17 new academic assessments, or a new definition of

18 adequate yearly progress, the State shall submit

19 such information to the Secretary.

20 ‘‘(f) LIMITATION ON CONDITIONS.—Officers and em21 ployees of the Federal Government are prohibited from

22 mandating, directing, or controlling a State, local edu23 cational agency, or school’s specific instructional content

24 or student academic achievement standards and academic
44

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

2 condition of eligibility to receive funds under this part.

3 ‘‘(g) PENALTIES.—

4 ‘‘(1) FAILURE TO MEET DEADLINES ENACTED

5 IN 1994.—

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

7 meet the deadlines established by the Improving

8 America’s Schools Act of 1994 (or under any

9 waiver granted by the Secretary or under any

10 compliance agreement with the Secretary) for

11 demonstrating that it has in place challenging

12 academic content standards and student

13 achievement standards, and a system for meas14 uring and monitoring adequate yearly progress,

15 the Secretary shall withhold 25 percent of the

16 funds that would otherwise be available for

17 State administration and activities in each year

18 until the Secretary determines that the State

19 meets those requirements;

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

21 not grant any additional waivers of, or enter

22 into any additional compliance agreements to

23 extend, the deadlines described in subparagraph

24 (A) for any State.
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1 ‘‘(2) FAILURE TO MEET REQUIREMENTS EN2 ACTED IN 2001.—If a State fails to meet any of the

3 requirements of this section, other than the require4 ments described in paragraph (1), the Secretary may

5 withhold funds for State administration until the

6 Secretary determines that the State has fulfilled

7 those requirements.

8 ‘‘(h) REPORTS.—

9 ‘‘(1) ANNUAL STATE REPORT CARD.—

10 ‘‘(A) IN GENERAL.—Not later than the be11 ginning of the 2003–2004 school year, a State

12 that receives assistance under this Act shall

13 prepare and disseminate an annual State report

14 card.

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

16 card shall be—

17 ‘‘(i) concise; and

18 ‘‘(ii) presented in a format and man19 ner that parents can understand, and

20 which, to the extent practicable, shall be in

21 a language the parents can understand.

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

23 shall widely disseminate the information de24 scribed in subparagraph (D) to all schools and

25 local educational agencies in the State and
46

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1 make the information broadly available through

2 public means, such as posting on the Internet,

3 distribution to the media, and distribution

4 through public agencies.

5 ‘‘(D) REQUIRED INFORMATION.—The

6 State shall include in its annual State report

7 card—

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

9 student achievement at each proficiency

10 level on the State academic assessments

11 described in subsection (b)(4)

12 (disaggregated by race, ethnicity, gender,

13 disability status, migrant status, English

14 proficiency, and status as economically dis15 advantaged, except that such

16 disaggregation shall not be required in a

17 case in which the number of students in a

18 category is insufficient to yield statistically

19 reliable information or the results would

20 reveal individually identifiable information

21 about an individual student);

22 ‘‘(ii) information that provides a com23 parison between the actual achievement

24 levels of each group of students described

25 in subclauses (I) and (II) of subsection
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1 (b)(2)(C) to the State’s annual numerical

2 objectives for each such group of students

3 on each of the assessments required under

4 this part;

5 ‘‘(iii) the percentage of students not

6 tested (disaggregated by the same cat7 egories and subject to the same exception

8 described in clause (i));

9 ‘‘(iv) the percentage of students who

10 graduate from high school within 4 years

11 of starting high school;

12 ‘‘(v) the percentage of students who

13 take and complete advanced placement

14 courses as compared to the population of

15 the students eligible to take such courses,

16 and the rate of passing of advanced place17 ment tests;

18 ‘‘(vi) the professional qualifications of

19 teachers in the aggregate, including the

20 percentage of teachers teaching with emer21 gency or provisional qualifications, and the

22 percentage of class sections not taught by

23 fully qualified teachers;

24 ‘‘(vii) such other information (such as

25 dropout and school attendance rates; and
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1 average class size by grade level) as the

2 State believes will best provide parents,

3 students, and other members of the public

4 with information on the progress of each of

5 the State’s public schools; and

6 ‘‘(viii) a clear and concise description

7 of the State’s accountability system, in8 cluding: a description of the criteria by

9 which the State evaluates school perform10 ance, and the criteria that the State has

11 established, consistent with (b)(2)(B), to

12 determine the status of schools regarding

13 school improvement, corrective action, and

14 reconstitution.

15 ‘‘(2) CONTENT OF LOCAL EDUCATIONAL AGEN16 CY REPORT CARDS.—

17 ‘‘(A) MINIMUM REQUIREMENTS.—The

18 State shall ensure that each local educational

19 agency collects appropriate data and includes in

20 its annual report for each of its schools, at a

21 minimum—

22 ‘‘(i) the information described in para23 graph (1)(D) for each local educational

24 agency and school; and
49

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1 ‘‘(ii)(I) in the case of a local edu2 cational agency—

3 ‘‘(aa) the number and percentage

4 of schools identified for school im5 provement and how long they have

6 been so identified, including schools

7 identified under section 1116(c) of

8 this Act; and

9 ‘‘(bb) information that shows

10 how students in its schools perform on

11 the statewide academic assessment

12 compared to students in the State as

13 a whole; and

14 ‘‘(II) in the case of a school—

15 ‘‘(aa) whether it has been identi16 fied for school improvement; and

17 ‘‘(bb) information that shows

18 how its students performed on the

19 statewide academic assessment com20 pared to students in the local edu21 cational agency and the State as a

22 whole.

23 ‘‘(B) OTHER INFORMATION.—A local edu24 cational agency may include in its annual re25 ports any other appropriate information wheth-
50

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1 er or not such information is included in the

2 annual State report.

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

4 educational agency shall, not later than the be5 ginning of the 2003–2004 school year, publicly

6 disseminate the information described in this

7 paragraph to all schools in the district and to

8 all parents of students attending those schools

9 (to the extent practicable, in a language they

10 can understand), and make the information

11 broadly available through public means, such as

12 posting on the Internet, distribution to the

13 media, and distribution through public agencies.

14 ‘‘(3) PRE-EXISTING REPORT CARDS.—A State

15 or local educational agency that was providing public

16 report cards on the performance of students,

17 schools, local educational agencies, or the State prior

18 to the enactment of the No Child Left Behind Act

19 of 2001 may use those reports for the purpose of

20 this subsection, so long as any such report is modi21 fied, as may be needed, to contain the information

22 required by this subsection.

23 ‘‘(4) ANNUAL STATE REPORT TO THE SEC24 RETARY.—Each State receiving assistance under
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1 this Act shall report annually to the Secretary, and

2 make widely available within the State—

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

4 2002, information on the State’s progress in

5 developing and implementing the academic as6 sessment system described in subsection (b)(4);

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

8 2004–2005, information on the achievement of

9 students on the academic assessments required

10 by that subsection, including the disaggregated

11 results for the categories of students identified

12 in subsection (b)(2)(C)(iii)(II);

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

14 2002–2003, information on the acquisition of

15 English proficiency by children with limited

16 English proficiency; and

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

18 provide the information described in subpara19 graph (B), information on the results of stu20 dent academic assessments (including

21 disaggregated results) required under this sec22 tion.

23 ‘‘(5) PARENTS RIGHT-TO-KNOW.—

24 ‘‘(A) QUALIFICATIONS.—At the beginning

25 of each school year, a local educational agency
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1 that receives funds under this part shall notify

2 the parents of each student attending any

3 school receiving funds under this part that they

4 may request, and shall provide the parents

5 upon request (and in a timely manner), infor6 mation regarding the professional qualifications

7 of the student’s classroom teachers, including,

8 at a minimum, the following:

9 ‘‘(i) Whether the teacher has met

10 State qualification and licensing criteria

11 for the grade levels and subject areas in

12 which the teacher provides instruction.

13 ‘‘(ii) Whether the teacher is teaching

14 under emergency or other provisional sta15 tus through which State qualification or li16 censing criteria have been waived.

17 ‘‘(iii) The baccalaureate degree major

18 of the teacher and any other graduate cer19 tification or degree held by the teacher,

20 and the field of discipline of the certifi21 cation or degree.

22 ‘‘(iv) Whether the child is provided

23 services by paraprofessionals and if so,

24 their qualifications.
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1 ‘‘(B) ADDITIONAL INFORMATION.—In ad2 dition to the information which parents may re3 quest under subparagraph (A), a school which

4 receives funds under this part shall provide to

5 each individual parent—

6 ‘‘(i) information on the level of per7 formance of the individual student for

8 whom they are the parent in each of the

9 State academic assessments as required

10 under this part; and

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

12 whom they are the parent has been as13 signed, or has been taught for 4 or more

14 consecutive weeks by, a teacher who is not

15 fully qualified.

16 ‘‘(C) FORMAT.—The notice and informa17 tion provided to parents under this paragraph

18 shall be in an understandable and uniform for19 mat and, to the extent practicable, provided in

20 a language that the parents can understand.

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

22 its plan under subsection (b) an assurance that it

23 has in effect a policy that meets the requirements of

24 this section.
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1 ‘‘(i) PRIVACY.—Information collected under this sec2 tion shall be collected and disseminated in a manner that

3 protects the privacy of individuals.

4 ‘‘(j) SPECIAL RULE WITH RESPECT TO BUREAU

5 FUNDED SCHOOLS.—In determining the assessments to

6 be used by each Bureau funded school receiving funds

7 under this part, the following shall apply:

8 ‘‘(1) Each Bureau funded school which obtains

9 accreditation by the State in which it is operating

10 shall utilize the assessments the State has developed

11 and implemented to meet the requirements of this

12 section, or such other appropriate assessment as ap13 proved by the Secretary of the Interior.

14 ‘‘(2) Each Bureau funded school which obtains

15 accreditation by a regional accreditation organiza16 tion shall adopt an appropriate assessment, in con17 sultation and with the approval of the Secretary of

18 Interior and consistent with assessments adopted by

19 other schools in the same State or region, that meets

20 the requirements of this section.

21 ‘‘(3) Each Bureau funded school which obtains

22 accreditation by a tribal accrediting agency or tribal

23 division of education shall use an assessment devel24 oped by such agency or division, except that the Sec-
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1 retary of Interior shall ensure that such assessment

2 meets the requirements of this section.

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

4 ‘‘(a) PLANS REQUIRED.—

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

6 may receive a subgrant under this part for any fiscal

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

8 educational agency a plan, approved by the State

9 educational agency, that is coordinated with other

10 programs under this Act, the Individuals with Dis11 abilities Education Act (20 U.S.C. 1400 et seq.), the

12 Carl D. Perkins Vocational and Technical Education

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

14 Start Act (42 U.S.C. 9831 et seq.), the McKinney15 Vento Homeless Assistance Act, and other Acts, as

16 appropriate.

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

18 may be submitted as part of a consolidated applica19 tion under section 8305.

20 ‘‘(b) PLAN PROVISIONS.—In order to help low achiev21 ing children achieve high academic standards, each local

22 educational agency plan shall include—

23 ‘‘(1) a description of additional high-quality

24 student academic assessments, if any, other than the

25 academic assessments described in the State plan
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1 under section 1111, that the local educational agen2 cy and schools served under this part will use to—

3 ‘‘(A) determine the success of children

4 served under this part in meeting the State’s

5 student academic achievement standards and

6 provide information to teachers, parents, and

7 students on the progress being made toward

8 meeting the State student academic achieve9 ment standards described in section

10 1111(b)(1)(D)(ii);

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

12 learning in the classroom in ways that best en13 able low-achieving children served under this

14 title to meet State academic standards and do

15 well in the local curriculum; and

16 ‘‘(C) determine what revisions are needed

17 to projects under this title so that such children

18 meet the State’s student academic achievement

19 standards;

20 ‘‘(2) at the local educational agency’s discre21 tion, a description of any other indicators that will

22 be used in addition to the academic assessments de23 scribed in paragraph (1) for the uses described in

24 such paragraph, except that results on any discre25 tionary indicators shall not change which schools
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1 would otherwise be subject to improvement of correc2 tive action under section 1118 if the additional

3 measures are not included;

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

5 agency will provide additional educational assistance

6 to individual students assessed as needing help to

7 achieve the State’s challenging academic standards;

8 ‘‘(4) a description of the strategy the local edu9 cational agency will use to provide professional de10 velopment for teachers, and, if appropriate, pupil

11 services personnel, administrators, parents and other

12 staff, including local educational agency level staff in

13 accordance with section 1119A;

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

15 agency will coordinate and integrate services pro16 vided under this part with other educational services

17 at the local educational agency or individual school

18 level, such as—

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

20 First, Early Reading First, and other preschool

21 programs, including plans for the transition of

22 participants in such programs to local elemen23 tary school programs; and

24 ‘‘(B) services for children with limited

25 English proficiency or with disabilities, migra-
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1 tory children served under part C, neglected or

2 delinquent youth, Indian children served under

3 part B of title III, homeless children, and immi4 grant children in order to increase program ef5 fectiveness, eliminate duplication, and reduce

6 fragmentation of the instructional program;

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

8 agency will participate, if selected, in the State Na9 tional Assessment of Educational Progress in 4th

10 and 8th grade reading and mathematics carried out

11 under section 411(b)(2) of the Education Statistics

12 Act of 1994 (20 U.S.C. 9010(b)(2)), or in another

13 academic assessment pursuant to the State decision

14 under section 7101(b)(1)(B)(ii);

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

16 will be used to select school attendance areas under

17 section 1113;

18 ‘‘(8) a description of how teachers, in consulta19 tion with parents, administrators, and pupil services

20 personnel, in targeted assistance schools under sec21 tion 1115, will identify the eligible children most in

22 need of services under this part;

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

24 programs to be conducted by such agency’s schools

25 under sections 1114 and 1115 and, where appro-
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1 priate, educational services outside such schools for

2 children living in local institutions for neglected or

3 delinquent children, for neglected and delinquent

4 children in community day school programs, and for

5 homeless children;

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

7 agency will ensure that migratory children and for8 merly migratory children who are eligible to receive

9 services under this part are selected to receive such

10 services on the same basis as other children who are

11 selected to receive services under this part;

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

13 local educational agency will use funds under this

14 part to support preschool programs for children,

15 particularly children participating in Early Reading

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

17 which services may be provided directly by the local

18 educational agency or through a subcontract with

19 the local Head Start agency designated by the Sec20 retary of Health and Human Services under section

21 641 of the Head Start Act (42 U.S.C. 9836), agen22 cies operating Even Start programs, Early Reading

23 First, or another comparable public early childhood

24 development program;
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1 ‘‘(12) a description of the actions the local edu2 cational agency will take to assist its low-performing

3 schools, including schools identified under section

4 1116 as in need of improvement;

5 ‘‘(13) a description of the actions the local edu6 cational agency will take to implement public school

7 choice, consistent with the requirements of section

8 1116;

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

10 agency will meet the requirements of section

11 1119(b)(1); and

12 ‘‘(15) a description of the services the local edu13 cational agency will provide homeless children, in14 cluding services provided with funds reserved under

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

16 ‘‘(c) ASSURANCES.—

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

18 agency plan shall provide assurances that the local

19 educational agency will—

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

21 schoolwide program authority and the ability of

22 such schools to consolidate funds from Federal,

23 State, and local sources;

24 ‘‘(B) provide technical assistance and sup25 port to schoolwide programs;
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1 ‘‘(C) work in consultation with schools as

2 the schools develop the schools’ plans pursuant

3 to section 1114 and assist schools as the

4 schools implement such plans or undertake ac5 tivities pursuant to section 1115 so that each

6 school can make adequate yearly progress to7 ward meeting the State student academic

8 achievement standards;

9 ‘‘(D) fulfill such agency’s school improve10 ment responsibilities under section 1116, in11 cluding taking corrective actions under para12 graphs (7) and (8) of section 1116(b);

13 ‘‘(E) provide services to eligible children

14 attending private elementary and secondary

15 schools in accordance with section 1120, and

16 timely and meaningful consultation with private

17 school officials regarding such services;

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

19 model programs for the educationally disadvan20 taged, and the findings of relevant scientifically

21 based research indicating that services may be

22 most effective if focused on students in the ear23 liest grades at schools that receive funds under

24 this part;
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1 ‘‘(G) in the case of a local educational

2 agency that chooses to use funds under this

3 part to provide early childhood development

4 services to low-income children below the age of

5 compulsory school attendance, ensure that such

6 services comply with the academic achievement

7 standards established under section 641A(a) of

8 the Head Start Act (42 U.S.C. 9836a(a));

9 ‘‘(H) comply with the requirements of sec10 tion 1119 regarding the qualifications of teach11 ers and paraprofessionals;

12 ‘‘(I) inform eligible schools of the local

13 educational agency’s authority to obtain waivers

14 on the school’s behalf under title VIII of this

15 Act, and if the State is an Ed-Flex Partnership

16 State, to obtain waivers under the Education

17 Flexibility Partnership Act of 1999; and

18 ‘‘(J) coordinate and collaborate, to the ex19 tent feasible and necessary as determined by

20 the local educational agency, with other agen21 cies providing services to children, youth, and

22 families.

23 ‘‘(2) SPECIAL RULE.—In carrying out subpara24 graph (G) of paragraph (1), the Secretary—
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1 ‘‘(A) shall consult with the Secretary of

2 Health and Human Services on the implemen3 tation of such subparagraph and shall establish

4 procedures (taking into consideration existing

5 State and local laws, and local teacher con6 tracts) to assist local educational agencies to

7 comply with such subparagraph; and

8 ‘‘(B) shall disseminate to local educational

9 agencies the Head Start academic achievement

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

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

12 such agencies affected by such subparagraph

13 shall plan for the implementation of such sub14 paragraph (taking into consideration existing

15 State and local laws, and local teacher con16 tracts), including pursuing the availability of

17 other Federal, State, and local funding sources

18 to assist in compliance with such subparagraph.

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

20 subsection shall not apply to preschool programs

21 using the Even Start model or to Even Start pro22 grams which are expanded through the use of funds

23 under this part.

24 ‘‘(d) PLAN DEVELOPMENT AND DURATION.—
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1 ‘‘(1) CONSULTATION.—Each local educational

2 agency plan shall be developed in consultation with

3 teachers, principals, administrators (including ad4 ministrators of programs described in other parts of

5 this title), and other appropriate school personnel,

6 and with parents of children in schools served under

7 this part.

8 ‘‘(2) DURATION.—Each such plan shall be sub9 mitted for the first year for which this part is in ef10 fect following the date of the enactment of the No

11 Child Left Behind Act of 2001 and shall remain in

12 effect for the duration of the agency’s participation

13 under this part.

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

15 shall periodically review, and as necessary, revise its

16 plan.

17 ‘‘(e) STATE APPROVAL.—

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

19 agency plan shall be filed according to a schedule es20 tablished by the State educational agency.

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

22 shall approve a local educational agency’s plan only

23 if the State educational agency determines that the

24 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

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

5 ‘‘(B) meets the requirements of this sec6 tion.

7 ‘‘(f) PROGRAM RESPONSIBILITY.—The local edu8 cational agency plan shall reflect the shared responsibility

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

10 making decisions regarding activities under sections 1114

11 and 1115.

12 ‘‘(g) PARENTAL NOTIFICATION AND CONSENT FOR

13 ENGLISH LANGUAGE INSTRUCTION.—

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

15 agency uses funds under this part to provide English

16 language instruction to limited English proficient

17 children, the agency shall inform a parent or the

18 parents of a child participating in an English lan19 guage instruction program for limited English pro20 ficient children assisted under this part of—

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

22 the child as being in need of English language

23 instruction;
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1 ‘‘(B) the child’s level of English pro2 ficiency, how such level was assessed, and the

3 status of the child’s academic achievement;

4 ‘‘(C) how the English language instruction

5 program will specifically help the child acquire

6 English and meet age-appropriate academic

7 standards for grade promotion and graduation;

8 ‘‘(D) what the specific exit requirements

9 are for the program;

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

11 the program into a classroom that is not tai12 lored for limited English proficient children;

13 and

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

15 high school for students in the program if funds

16 under this part are used for children in sec17 ondary schools.

18 ‘‘(2) CONSENT.—

19 ‘‘(A) AGENCY REQUIREMENTS.—

20 ‘‘(i) INFORMED CONSENT.—For a

21 child who has been identified as limited

22 English proficient prior to the beginning of

23 a school year, each local educational agen24 cy that receives funds under this part shall

25 make a reasonable and substantial effort
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1 to obtain informed parental consent prior

2 to the placement of a child in an English

3 language instruction program for limited

4 English proficient children funded under

5 this part if the program does not include

6 classes which exclusively or almost exclu7 sively use the English language in instruc8 tion.

9 ‘‘(ii) WRITTEN CONSENT NOT OB10 TAINED.—If written consent is not ob11 tained, the local educational agency shall

12 maintain a written record that includes the

13 date and the manner in which such in14 formed consent was sought, including the

15 specific efforts made to obtain such con16 sent.

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

18 an understandable form, of specific efforts

19 made to obtain written consent and a copy

20 of the written record required in clause (ii)

21 shall be mailed or delivered in writing to a

22 parent, parents, or guardian of a child

23 prior to placing the child in a program de24 scribed in clause (i) and shall include a

25 final request for parental consent for such
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1 services. After such notice has been mailed

2 or delivered in writing, the local edu3 cational agency shall provide appropriate

4 educational services.

5 ‘‘(iv) SPECIAL RULE APPLICABLE

6 DURING SCHOOL YEAR.—For those chil7 dren who have not been identified as lim8 ited English proficient prior to the begin9 ning of the school year, the local edu10 cational agency shall make a reasonable

11 and substantial effort to obtain parental

12 consent under this clause. For such chil13 dren, the agency shall document, in writ14 ing, its specific efforts made to obtain such

15 consent prior to placing the child in a pro16 gram described in clause (i). After such

17 documentation has been made, the local

18 educational agency shall provide appro19 priate educational services to such child.

20 The proof of documentation shall be

21 mailed or delivered in writing to a parent

22 or parents of the child in a timely manner

23 and shall include information on how to

24 have their child immediately removed from

25 the program upon their request. Nothing
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1 in this clause shall be construed as exempt2 ing a local educational agency from com3 plying with the notification requirements of

4 subsection (g)(1) and the consent require5 ments of this paragraph.

6 ‘‘(3) PARENTAL RIGHTS.—A parent or the par7 ents of a child participating in an English language

8 instruction program for limited English proficient

9 children assisted under this part shall—

10 ‘‘(A) select among methods of instruction,

11 if more than one method is offered in the pro12 gram; and

13 ‘‘(B) have the right to have their child im14 mediately removed from the program upon their

15 request.

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

17 the parents of a limited English proficient child who

18 is identified for participation in an English language

19 instruction program for limited English proficient

20 children assisted under this part shall receive, in a

21 manner and form understandable to the parent or

22 parents, the information required by this subsection.

23 At a minimum, the parent or parents shall receive—
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1 ‘‘(A) timely information about English lan2 guage instruction programs for limited English

3 proficient children assisted under this part;

4 ‘‘(B) if a parent or parents of a partici5 pating child so desires, notice of opportunities

6 for regular meetings for the purpose of formu7 lating and responding to recommendations from

8 the parent or parents; and

9 ‘‘(C) procedural information for removing

10 a child from a program for limited English pro11 ficient children.

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

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

14 any federally-assisted education program on the

15 basis of a surname or language-minority status.

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

17 ‘‘(a) DETERMINATION.—

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

19 shall use funds received under this part only in eligi20 ble school attendance areas.

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

22 For the purposes of this part—

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

24 means, in relation to a particular school, the
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1 geographical area in which the children who are

2 normally served by that school reside; and

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

4 area’ means a school attendance area in which

5 the percentage of children from low-income

6 families is at least as high as the percentage of

7 children from low-income families in the local

8 educational agency as a whole.

9 ‘‘(3) LOCAL EDUCATIONAL AGENCY DISCRE10 TION.—

11 ‘‘(A) IN GENERAL.—Notwithstanding para12 graph (2), a local educational agency may—

13 ‘‘(i) designate as eligible any school

14 attendance area or school in which at least

15 35 percent of the children are from low-in16 come families;

17 ‘‘(ii) use funds received under this

18 part in a school that is not in an eligible

19 school attendance area, if the percentage

20 of children from low-income families en21 rolled in the school is equal to or greater

22 than the percentage of such children in a

23 participating school attendance area of

24 such agency;
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1 ‘‘(iii) designate and serve a school at2 tendance area or school that is not eligible

3 under subsection (b), but that was eligible

4 and that was served in the preceding fiscal

5 year, but only for 1 additional fiscal year;

6 and

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

8 school attendance area or eligible school

9 that has a higher percentage of children

10 from low-income families if—

11 ‘‘(I) the school meets the com12 parability requirements of section

13 1120A(c);

14 ‘‘(II) the school is receiving sup15 plemental funds from other State or

16 local sources that are spent according

17 to the requirements of section 1114 or

18 1115; and

19 ‘‘(III) the funds expended from

20 such other sources equal or exceed the

21 amount that would be provided under

22 this part.

23 ‘‘(B) SPECIAL RULE.—Notwithstanding

24 subparagraph (A)(iv), the number of children

25 attending private elementary and secondary
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1 schools who are to receive services, and the as2 sistance such children are to receive under this

3 part, shall be determined without regard to

4 whether the public school attendance area in

5 which such children reside is assisted under

6 subparagraph (A).

7 ‘‘(b) RANKING ORDER.—If funds allocated in accord8 ance with subsection (f) are insufficient to serve all eligible

9 school attendance areas, a local educational agency—

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

11 according to the percentage of children from low-in12 come families in each agency’s eligible school attend13 ance areas in the following order—

14 ‘‘(A) eligible school attendance areas in

15 which the concentration of children from low-in16 come families exceeds 75 percent; and

17 ‘‘(B) all remaining eligible school attend18 ance areas in which the concentration of chil19 dren from low-income families is 75 percent or

20 lower either by grade span or for the entire

21 local educational agency;

22 ‘‘(2) shall, within each category listed in para23 graph (1), serve schools in rank order from highest

24 to lowest according to the ranking assigned under

25 paragraph (1);
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1 ‘‘(3) notwithstanding paragraph (2), may give

2 priority, within each such category and in rank order

3 from highest to lowest subject to paragraph (4), to

4 eligible school attendance areas that serve children

5 in elementary schools; and

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

7 (1)(B) before serving a school described in para8 graph (1)(A).

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

10 number of children ages 5 through 17 who are from low11 income families, the local educational agency shall apply

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

13 subsection:

14 ‘‘(1) ALLOCATION TO PUBLIC SCHOOL ATTEND15 ANCE AREAS.—The local educational agency shall

16 use the same measure of poverty, which measure

17 shall be the number of children ages 5 through 17

18 in poverty counted in the most recent census data

19 approved by the Secretary, the number of children

20 eligible for free and reduced priced lunches under

21 the Richard B. Russell National School Lunch Act

22 (42 U.S.C. 1751 et seq.), the number of children in

23 families receiving assistance under the State pro24 gram funded under part A of title IV of the Social

25 Security Act, or the number of children eligible to
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1 receive medical assistance under the Medicaid pro2 gram, or a composite of such indicators, with respect

3 to all school attendance areas in the local edu4 cational agency—

5 ‘‘(A) to identify eligible school attendance

6 areas;

7 ‘‘(B) to determine the ranking of each

8 area; and

9 ‘‘(C) to determine allocations under sub10 section (f).

11 ‘‘(2) ALLOCATION FOR EQUITABLE SERVICE TO

12 PRIVATE SCHOOL STUDENTS.—

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

14 agency shall have the final authority, consistent

15 with section 1120 to calculate the number of

16 private school children, ages 5 through 17, who

17 are low-income by—

18 ‘‘(i) using the same measure of low-in19 come used to count public school children;

20 ‘‘(ii) using the results of a survey

21 that, to the extent possible, protects the

22 identity of families of private school stu23 dents and allowing such survey results to

24 be extrapolated if complete actual data are

25 not available; or
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1 ‘‘(iii) applying the low-income percent2 age of each participating public school at3 tendance area, determined pursuant to this

4 section, to the number of private school

5 children who reside in that attendance

6 area.

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

8 regarding low-income data on private school

9 students shall be subject to the complaint proc10 ess authorized in section 8505.

11 ‘‘(d) EXCEPTION.—This section (other than sub12 sections (a)(3) and (f)) shall not apply to a local edu13 cational agency with a total enrollment of less than 1,500

14 children.

15 ‘‘(e) WAIVER FOR DESEGREGATION PLANS.—The

16 Secretary may approve a local educational agency’s writ17 ten request for a waiver of the requirements of subsections

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

19 and serve, any school that children attend under a deseg20 regation plan ordered by a State or court or approved by

21 the Secretary, or such a plan that the agency continues

22 to implement after it has expired, if—

23 ‘‘(1) the number of economically disadvantaged

24 children enrolled in the school is not less than 25

25 percent of the school’s total enrollment; and
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1 ‘‘(2) the Secretary determines on the basis of a

2 written request from such agency and in accordance

3 with such criteria as the Secretary establishes, that

4 approval of that request would further the purposes

5 of this part.

6 ‘‘(f) ALLOCATIONS.—

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

8 shall allocate funds received under this part to eligi9 ble school attendance areas or eligible schools, iden10 tified under subsection (b) in rank order on the

11 basis of the total number of children from low-in12 come families in each area or school.

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

14 in subparagraph (B), the per-pupil amount of funds

15 allocated to each school attendance area or school

16 under paragraph (1) shall be at least 125 percent of

17 the per-pupil amount of funds a local educational

18 agency received for that year under the poverty cri19 teria described by the local educational agency in the

20 plan submitted under section 1112, except that this

21 paragraph shall not apply to a local educational

22 agency that only serves schools in which the percent23 age of such children is 35 percent or greater.

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

25 amount of funds allocated under subparagraph (A)
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1 for a school attendance area or school by the amount

2 of any supplemental State and local funds expended

3 in that school attendance area or school for pro4 grams that meet the requirements of section 1114 or

5 1115.

6 ‘‘(3) RESERVATION.—A local educational agen7 cy shall reserve such funds as are necessary under

8 this part to provide services comparable to those

9 provided to children in schools funded under this

10 part to serve—

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

12 participating schools, including providing educa13 tionally related support services to children in

14 shelters and other locations where children may

15 live;

16 ‘‘(B) children in local institutions for ne17 glected children; and

18 ‘‘(C) if appropriate, children in local insti19 tutions for delinquent children and neglected or

20 delinquent children in community day school

21 programs.

22 ‘‘(4) SCHOOL IMPROVEMENT RESERVATION.—

23 In addition to the funding a local educational agency

24 receives under section 1003(b), a local educational

25 agency may reserve such funds as are necessary
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1 under this part to meet such agency’s school im2 provement responsibilities under section 1116, in3 cluding taking corrective actions under paragraphs

4 (7) and (8) of section 1116(b).

5 ‘‘(5) FINANCIAL INCENTIVES AND REWARDS

6 RESERVATION.—A local educational agency may re7 serve such funds as are necessary under this part to

8 provide financial incentives and rewards to teachers

9 who serve in schools eligible under subsection

10 (b)(1)(A) and identified for improvement under sec11 tion 1116(b)(1) for the purpose of attracting and re12 taining qualified and effective teachers.

13 ‘‘SEC. 1114. SCHOOLWIDE PROGRAMS.

14 ‘‘(a) PURPOSE.—The purpose of a schoolwide pro15 gram under this section is—

16 ‘‘(1) to enable a local educational agency to

17 consolidate funds under this part with other Federal,

18 State, and local funds, to upgrade the entire edu19 cational program in a high poverty school; and

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

21 school meet challenging State academic standards

22 for student achievement, particularly those children

23 who are most at-risk of not meeting those standards.

24 ‘‘(b) USE OF FUNDS FOR SCHOOLWIDE PRO25 GRAMS.—
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1 ‘‘(1) IN GENERAL.—A local educational agency

2 may consolidate funds under this part, together with

3 other Federal, State, and local funds, in order to up4 grade the entire educational program of a school

5 that serves an eligible school attendance area in

6 which not less than 40 percent of the children are

7 from low-income families, or not less than 40 per8 cent of the children enrolled in the school are from

9 such families.

10 ‘‘(2) IDENTIFICATION OF STUDENTS NOT RE11 QUIRED.—

12 ‘‘(A) IN GENERAL.—No school partici13 pating in a schoolwide program shall be re14 quired to identify particular children under this

15 part as eligible to participate in a schoolwide

16 program or to provide supplemental services to

17 such children.

18 ‘‘(B) SUPPLEMENT FUNDS.—A school par19 ticipating in a schoolwide program shall use

20 funds available to carry out this section only to

21 supplement the amount of funds that would, in

22 the absence of funds under this part, be made

23 available from non-Federal sources for the

24 school, including funds needed to provide serv25 ices that are required by law for children with
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1 disabilities and children with limited English

2 proficiency.

3 ‘‘(3) EXEMPTION FROM STATUTORY AND REGU4 LATORY REQUIREMENTS.—

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

6 subsection (c), the Secretary may, through pub7 lication of a notice in the Federal Register, ex8 empt schoolwide programs under this section

9 from statutory or regulatory provisions of any

10 other noncompetitive formula grant program

11 administered by the Secretary (other than for12 mula or discretionary grant programs under the

13 Individuals with Disabilities Education Act, ex14 cept as provided in section 613(a)(2)(D) of

15 such Act), or any discretionary grant program

16 administered by the Secretary, to support

17 schoolwide programs if the intent and purposes

18 of such other programs are met.

19 ‘‘(B) REQUIREMENTS.—A school that

20 chooses to use funds from such other programs

21 shall not be relieved of the requirements relat22 ing to health, safety, civil rights, student and

23 parental participation and involvement, services

24 to private school children, maintenance of ef25 fort, uses of Federal funds to supplement, not
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1 supplant non-Federal funds, or the distribution

2 of funds to State or local educational agencies

3 that apply to the receipt of funds from such

4 programs.

5 ‘‘(C) RECORDS.—A school that consoli6 dates funds from different Federal programs

7 under this section shall not be required to

8 maintain separate fiscal accounting records, by

9 program, that identify the specific activities

10 supported by those particular funds as long as

11 it maintains records that demonstrate that the

12 schoolwide program, considered as a whole ad13 dresses the intent and purposes of each of the

14 Federal programs that were consolidated to

15 support the schoolwide program.

16 ‘‘(4) PROFESSIONAL DEVELOPMENT.—Each

17 school receiving funds under this part for any fiscal

18 year shall devote sufficient resources to effectively

19 carry out the activities described in subsection

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

21 fiscal year, except that a school may enter into a

22 consortium with another school to carry out such ac23 tivities.

24 ‘‘(c) COMPONENTS OF A SCHOOLWIDE PROGRAM.—
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1 ‘‘(1) IN GENERAL.—A schoolwide program shall

2 include the following components:

3 ‘‘(A) A comprehensive needs assessment of

4 the entire school (including taking into account

5 the needs of migratory children as defined in

6 section 1309(2)) that is based on information

7 which includes the performance of children in

8 relation to the State academic content stand9 ards and the State student academic achieve10 ment standards described in section 1111(b)(1).

11 ‘‘(B) Schoolwide reform strategies that—

12 ‘‘(i) provide opportunities for all chil13 dren to meet the State’s proficient and ad14 vanced levels of student achievement de15 scribed in section 1111(b)(1)(D);

16 ‘‘(ii) use effective methods and in17 structional strategies that are based upon

18 scientifically based research that—

19 ‘‘(I) strengthen the core aca20 demic program in the school;

21 ‘‘(II) increase the amount and

22 quality of learning time, such as pro23 viding an extended school year and

24 before- and after-school and summer

25 programs and opportunities, and help
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1 provide an enriched and accelerated

2 curriculum; and

3 ‘‘(III) include strategies for meet4 ing the educational needs of histori5 cally underserved populations;

6 ‘‘(iii)(I) address the needs of all chil7 dren in the school, but particularly the

8 needs of low-achieving children and those

9 at risk of not meeting the State student

10 academic achievement standards who are

11 members of the target population of any

12 program that is included in the schoolwide

13 program; and

14 ‘‘(II) address how the school will de15 termine if such needs have been met; and

16 ‘‘(iv) are consistent with, and are de17 signed to implement, the State and local

18 improvement plans, if any.

19 ‘‘(C) Instruction by fully qualified (as de20 fined in section 8101) teachers.

21 ‘‘(D) In accordance with section 1119A

22 and subsection (b)(4), high quality and ongoing

23 professional development for teachers and para24 professionals, and, where appropriate, pupil

25 services personnel, parents, principals, and
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1 other staff to enable all children in the school

2 to meet the State’s student academic achieve3 ment standards.

4 ‘‘(E) Strategies to attract high quality

5 teachers to high need schools, such as differen6 tial pay systems or performance based pay.

7 ‘‘(F) Strategies to increase parental in8 volvement in accordance with section 1118,

9 such as family literary services.

10 ‘‘(G) Plans for assisting preschool children

11 in the transition from early childhood programs,

12 such as Head Start, Even Start, Early Reading

13 First, or a State-run preschool program, to

14 local elementary school programs.

15 ‘‘(H) Measures to include teachers in the

16 decisions regarding the use of academic assess17 ments described in section 1111(b)(4) in order

18 to provide information on, and to improve, the

19 performance of individual students and the

20 overall instructional program.

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

22 experience difficulty mastering the proficient or

23 advanced levels of academic achievement stand24 ards required by section 1111(b) shall be pro25 vided with effective, timely additional assistance
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1 which shall include measures to ensure that stu2 dents’ difficulties are identified on a timely

3 basis and to provide sufficient information on

4 which to base effective assistance.

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

6 operate a schoolwide program shall first develop (or

7 amend a plan for such a program that was in exist8 ence on the day before the effective date of the No

9 Child Left Behind Act of 2001), a comprehensive

10 plan for reforming the total instructional program in

11 the school that—

12 ‘‘(A) incorporates the components de13 scribed in paragraph (1);

14 ‘‘(B) describes how the school will use re15 sources under this part and from other sources

16 to implement those components; and

17 ‘‘(C) includes a list of State and local edu18 cational agency programs and other Federal

19 programs under subsection (b)(3) that will be

20 consolidated in the schoolwide program.

21 ‘‘(3) PLAN DEVELOPMENT.—The comprehen22 sive plan shall be—

23 ‘‘(A) developed during a 1-year period,

24 unless—
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1 ‘‘(i) the local educational agency de2 termines that less time is needed to de3 velop and implement the schoolwide pro4 gram; or

5 ‘‘(ii) the school operated a schoolwide

6 program on the day preceding the effective

7 date of the No Child Left Behind Act of

8 2001, in which case such school may con9 tinue to operate such program, but shall

10 develop amendments to its existing plan

11 during the first year of assistance after

12 that date to reflect the provisions of this

13 section;

14 ‘‘(B) developed with the involvement of

15 parents and other members of the community

16 to be served and individuals who will carry out

17 such plan, including teachers, principals, and

18 administrators (including administrators of pro19 grams described in other parts of this title),

20 and, if appropriate, pupil services personnel,

21 technical assistance providers, school staff, and,

22 if the plan relates to a secondary school, stu23 dents from such school;
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1 ‘‘(C) in effect for the duration of the

2 school’s participation under this part and re3 viewed and revised, as necessary, by the school;

4 ‘‘(D) available to the local educational

5 agency, parents, and the public, and the infor6 mation contained in such plan shall be provided

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

8 language that they can understand; and

9 ‘‘(E) if appropriate, developed in coordina10 tion with programs under Reading First, Early

11 Reading First, Even Start, Carl D. Perkins Vo12 cational and Technical Education Act of 1998,

13 and the Head Start Act.

14 ‘‘(d) ACCOUNTABILITY.—A schoolwide program

15 under this section shall be subject to the school improve16 ment provisions of section 1116.

17 ‘‘(e) PREKINDERGARTEN PROGRAM.—A school that

18 is eligible for a schoolwide program under this section may

19 use funds made available under this title to establish or

20 enhance prekindergarten programs for 3-, 4-, and 5-year21 old children, such as Even Start programs or Early Read22 ing First programs.

23 ‘‘SEC. 1115. TARGETED ASSISTANCE SCHOOLS.

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

25 funds under section 1113(f) that are ineligible for a
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1 schoolwide program under section 1114, or that choose

2 not to operate such a schoolwide program, a local edu3 cational agency may use funds received under this part

4 only for programs that provide services to eligible children

5 under subsection (b) identified as having the greatest need

6 for special assistance.

7 ‘‘(b) ELIGIBLE CHILDREN.—

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

9 population for services under this section is—

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

11 entitled to a free public education through

12 grade 12; and

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

14 level at which the local educational agency pro15 vides a free public education.

16 ‘‘(B) From the population described in subpara17 graph (A), eligible children are children identified by

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

19 meet the State’s challenging student academic

20 achievement standards on the basis of academic as21 sessments under this part, and, as appropriate, on

22 the basis of multiple, educationally related, objective

23 criteria established by the local educational agency

24 and supplemented by the school, except that children

25 from preschool through grade 2 may be selected
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1 solely on the basis of such criteria as teacher judg2 ment, interviews with parents, and other appropriate

3 measures.

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

5 with disabilities, migrant children, and children with

6 limited English proficiency are eligible for services

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

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

9 used to provide services that are otherwise required

10 by law to be made available to such children but

11 may be used to coordinate or supplement such serv12 ices.

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

14 preceding the year for which the determination is

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

16 Early Reading First program, or in preschool serv17 ices under this title, is eligible for services under this

18 part.

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

20 preceding the year for which the determination is

21 made, received services under part C is eligible for

22 services under this part.

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

24 or delinquent children or attending a community day
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1 program for such children is eligible for services

2 under this part.

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

4 school in the local educational agency is eligible for

5 services under this part.

6 ‘‘(c) COMPONENTS OF A TARGETED ASSISTANCE

7 SCHOOL PROGRAM.—

8 ‘‘(1) IN GENERAL.—To assist targeted assist9 ance schools and local educational agencies to meet

10 their responsibility to provide for all their students

11 served under this title the opportunity to meet the

12 State’s challenging student academic achievement

13 standards in subjects as determined by the State,

14 each targeted assistance program under this section

15 shall—

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

17 this part to help participating children meet

18 such State’s challenging student academic

19 achievement standards expected for all children;

20 ‘‘(B) ensure that planning for students

21 served under this part is incorporated into ex22 isting school planning;

23 ‘‘(C) use effective methods and instruc24 tional strategies that are based upon scientif-
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1 ically based research that strengthens the core

2 academic program of the school and that—

3 ‘‘(i) give primary consideration to pro4 viding extended learning time such as an

5 extended school year, before- and after6 school, and summer programs and oppor7 tunities;

8 ‘‘(ii) help provide an accelerated, high9 quality curriculum, including applied learn10 ing; and

11 ‘‘(iii) minimize removing children

12 from the regular classroom during regular

13 school hours for instruction provided under

14 this part;

15 ‘‘(D) coordinate with and support the reg16 ular education program, which may include

17 services to assist preschool children in the tran18 sition from early childhood programs such as

19 Head Start, Even Start, Early Reading First or

20 State-run preschool programs to elementary

21 school programs;

22 ‘‘(E) provide instruction by fully qualified

23 teachers as defined in section 8101;

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

25 and section 1119A, provide opportunities for
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1 professional development with resources pro2 vided under this part, and, to the extent prac3 ticable, from other sources, for teachers, prin4 cipals, and administrators and other school

5 staff, including, if appropriate, pupil services

6 personnel, who work with participating children

7 in programs under this section or in the regular

8 education program; and

9 ‘‘(G) provide strategies to increase paren10 tal involvement in accordance with section

11 1118, such as family literacy services.

12 ‘‘(2) REQUIREMENTS.—Each school conducting

13 a program under this section shall assist partici14 pating children selected in accordance with sub15 section (b) to meet the State’s proficient and ad16 vanced levels of achievement by—

17 ‘‘(A) the coordination of resources provided

18 under this part with other resources; and

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

20 progress of participating children and revising

21 the targeted assistance program, if necessary,

22 to provide additional assistance to enable such

23 children to meet the State’s challenging student

24 academic achievement standards, such as an ex25 tended school year, before- and after-school,
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1 and summer programs and opportunities, train2 ing for teachers regarding how to identify stu3 dents that require additional assistance, and

4 training for teachers regarding how to imple5 ment student academic achievement standards

6 in the classroom.

7 ‘‘(d) INTEGRATION OF PROFESSIONAL DEVELOP8 MENT.—To promote the integration of staff supported

9 with funds under this part, public school personnel who

10 are paid with funds received under this part may partici11 pate in general professional development and school plan12 ning activities.

13 ‘‘(e) SPECIAL RULES.—

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

15 section shall be construed to prohibit a school from

16 serving students served under this section simulta17 neously with students with similar educational

18 needs, in the same educational settings where appro19 priate.

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

21 nutrition, and other social services are not otherwise

22 available to eligible children in a targeted assistance

23 school and such school, if appropriate, has engaged

24 in a comprehensive needs assessment and established

25 a collaborative partnership with local service pro-
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1 viders, and if funds are not reasonably available

2 from other public or private sources to provide such

3 services, then a portion of the funds provided under

4 this part may be used as a last resort to provide

5 such services, including—

6 ‘‘(A) the provision of basic medical equip7 ment, such as eyeglasses and hearing aids; and

8 ‘‘(B) professional development necessary to

9 assist teachers, pupil services personnel, other

10 staff, and parents in identifying and meeting

11 the comprehensive needs of eligible children.

12 ‘‘(3) PROFESSIONAL DEVELOPMENT.—Each

13 school receiving funds under this part for any fiscal

14 year shall devote sufficient resources to carry out ef15 fectively the professional development activities de16 scribed in subparagraph (F) of subsection (c)(1) in

17 accordance with section 1119A for such fiscal year,

18 except that a school may enter into a consortium

19 with another school to carry out such activities.’’.

20 SEC. 105. SCHOOL CHOICE.

21 Section 1115A is amended to read as follows:

22 ‘‘SEC. 1115A. SCHOOL CHOICE.

23 ‘‘(a) CHOICE PROGRAMS.—A local educational agen24 cy may use funds under this part, in combination with

25 State, local, and private funds, to develop and implement
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1 public school choice programs, for children eligible for as2 sistance under this part, which permit parents to select

3 the public school that their child will attend.

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

5 chooses to implement a public school choice program shall

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

7 local educational agency will use resources under this part

8 and from other resources to implement the plan, and as9 surances that—

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

11 served under this part will have equal access to the

12 program;

13 ‘‘(2) the plan will be developed with the involve14 ment of parents and others in the community to be

15 served and individuals who will carry out the plan,

16 including administrators, teachers, principals, and

17 other staff;

18 ‘‘(3) parents of eligible students in the local

19 educational agency will be given prompt notice of the

20 existence of the public school choice program and its

21 availability to them, and a clear explanation of how

22 the program will operate;

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

24 and any other public school and shall not include a

25 school that is or has been identified as a school in
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1 school improvement or is or has been in corrective

2 action for the past 2 consecutive years; and

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

4 with the other requirements of this part.

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

6 the costs of transportation may be provided by the local

7 educational agency, except that such agency may not use

8 more than a total of 15 percent of its allocation under

9 this part for such purposes.’’.

10 SEC. 106. ACADEMIC ASSESSMENT AND LOCAL EDU11 CATIONAL AGENCY AND SCHOOL IMPROVE12 MENT.

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

14 of section 1116 are amended to read as follows:

15 ‘‘SEC. 1116. ACADEMIC ASSESSMENT AND LOCAL EDU16 CATIONAL AGENCY AND SCHOOL IMPROVE17 MENT.

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

19 receiving funds under this part shall—

20 ‘‘(1) use the State academic assessments de21 scribed in the State plan to review annually the

22 progress of each school served under this part to de23 termine whether the school is making adequate year24 ly progress as defined in section 1111(b)(2)(B);
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1 ‘‘(2) publicize and disseminate to teachers and

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

3 the results of the annual review under paragraph

4 (2);

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

6 activities the schools are carrying out under this

7 part with respect to parental involvement assisted

8 under this Act.

9 ‘‘(b) SCHOOL IMPROVEMENT.—

10 ‘‘(1) IN GENERAL.—

11 ‘‘(A) IDENTIFICATION.—A local edu12 cational agency shall identify for school im13 provement any elementary or secondary school

14 served under this part that—

15 ‘‘(i) fails, for any year, to make ade16 quate yearly progress as defined in the

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

18 ‘‘(ii) was in school improvement status

19 under this section immediately before the

20 effective date of the No Child Left Behind

21 Act of 2001.

22 ‘‘(B) DEADLINE.—The identification de23 scribed in subparagraph (A) shall take place

24 not later than the first day of the school year
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1 following such failure to make adequate yearly

2 progress.

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

4 not apply to a school if almost every student in

5 the school is meeting the State’s advanced level

6 of performance.

7 ‘‘(D) REVIEW.—To determine if an ele8 mentary school or a secondary school that is

9 conducting a targeted assistance program under

10 section 1115 should be identified for school im11 provement under this subsection, a local edu12 cational agency may choose to review the

13 progress of only the students in the school who

14 are served, or are eligible for services, under

15 this part.

16 ‘‘(E) PUBLIC SCHOOL CHOICE.—In the

17 case of a school identified for school improve18 ment under subparagraph (A), the local edu19 cational agency shall, not later than the first

20 day of the school year following identification,

21 provide all students enrolled in the school with

22 the option to transfer to another public school

23 within the local educational agency, including a

24 public charter school, that has not been identi25 fied for school improvement under subpara-
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1 graph (A), unless such an option is prohibited

2 by State law.

3 ‘‘(F) TRANSFER.—Students who use the

4 option to transfer under subparagraph (E) shall

5 be enrolled in classes and other activities in the

6 public school to which they transfer in the same

7 manner as all other children at the public

8 school.

9 ‘‘(2) OPPORTUNITY TO REVIEW AND PRESENT

10 EVIDENCE; TIME LIMIT.—

11 ‘‘(A) IDENTIFICATION.—Before identifying

12 an elementary school or a secondary school for

13 school improvement under paragraph (1), for

14 corrective action under paragraph (7), or for re15 structuring under paragraph (8), the local edu16 cational agency shall provide the school with an

17 opportunity to review the school-level data, in18 cluding academic assessment data, on which the

19 proposed identification is based.

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

21 school proposed for identification under para22 graph (1), (7), or (8) believes, or a majority of

23 the parents of the students enrolled in such

24 school believe, that the proposed identification

25 is in error for statistical or other substantive
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1 reasons, the principal may provide supporting

2 evidence to the local educational agency, which

3 shall consider that evidence before making a

4 final determination.

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

6 than 30 days after a local educational agency

7 provides the school with the opportunity to re8 view such school level data, the local edu9 cational agency shall make public a final deter10 mination on the status of the school.

11 ‘‘(3) SCHOOL PLAN.—

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

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

14 identified under paragraph (1) for school im15 provement shall, not later than 3 months after

16 being so identified, develop or revise a school

17 plan, in consultation with parents, school staff,

18 the local educational agency serving the school,

19 the local school board, and other outside ex20 perts, for approval by such local educational

21 agency. The school plan shall cover a 2-year pe22 riod and—

23 ‘‘(i) incorporate scientifically based re24 search strategies that strengthen the core

25 academic subjects in the school and ad-
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1 dress the specific academic issues that

2 caused the school to be identified for

3 school improvement;

4 ‘‘(ii) adopt policies and practices con5 cerning the school’s core academic subjects

6 that have the greatest likelihood of ensur7 ing that all groups of students specified in

8 section 1111(b)(2)(C)(iii)(I) and (II) and

9 enrolled in the school will meet the State’s

10 proficient level of achievement on the State

11 academic assessment described in section

12 1111(b)(4) not later than 10 years after

13 the date of enactment of the No Child Left

14 Behind Act of 2001;

15 ‘‘(iii) provide an assurance that the

16 school shall reserve not less than 10 per17 cent of the funds made available to the

18 school under this part for each fiscal year

19 that the school is in school improvement

20 status, for the purpose of providing to the

21 school’s teachers and principal high-quality

22 professional development that—

23 ‘‘(I) directly addresses the aca24 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 speci16 fied in section 1111(b)(2)(C)(iii)(I) and

17 (II) and enrolled in the school that will en18 sure that all such groups of students shall

19 meet the State’s proficient level of achieve20 ment on the State academic assessment

21 described in section 1111(b)(4) not later

22 than 10 years after the date of enactment

23 of the No Child Left Behind Act of 2001;

24 ‘‘(vi) identify how the school will pro25 vide written notification about the identi-
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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

6 the school, the local educational agency,

7 and the State educational agency serving

8 the school under the plan, including the

9 technical assistance to be provided by the

10 local educational agency under paragraph

11 (4);

12 ‘‘(viii) incorporate, as appropriate, ex13 tended learning time for students, such as

14 before school, after school, during the sum15 mer and extension of the school year; and

16 ‘‘(ix) ensure that a mentoring pro17 gram is available to teachers in the school

18 who have been in the teaching profession

19 for 3 years or less, which provides men20 toring to beginning teachers from exem21 plary veteran teachers with expertise in the

22 same subject matter that the beginning

23 teachers will be teaching, to the extent

24 practicable be school-based, and provides

25 mentors time for activities such as coach-
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1 ing, observing, and assisting the teachers

2 who are mentored.

3 ‘‘(B) CONDITIONAL APPROVAL.—The local

4 educational agency may condition approval of a

5 school plan on—

6 ‘‘(i) inclusion of one or more of the

7 corrective actions specified in paragraph

8 (6)(D)(ii); or

9 ‘‘(ii) feedback on the school improve10 ment plan from parents and community

11 leaders.

12 ‘‘(C) PLAN IMPLEMENTATION.—Except as

13 provided in subparagraph (D), a school shall

14 implement the school plan (including a revised

15 plan) expeditiously, but not later than the be16 ginning of the school year following the school

17 year in which the failure to make adequate

18 yearly progress took place.

19 ‘‘(D) Notwithstanding subparagraph (C),

20 in a case in which a plan is not approved prior

21 to the beginning of a school year, such plan

22 shall be implemented immediately upon ap23 proval.

24 ‘‘(E) LOCAL EDUCATIONAL AGENCY AP25 PROVAL.—The local educational agency shall—
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1 ‘‘(i) establish a peer-review process to

2 assist with review of a school plan pre3 pared by a school served by the local edu4 cational agency; and

5 ‘‘(ii) promptly review the school plan,

6 work with the school as necessary, and ap7 prove the school plan if it meets the re8 quirements of this paragraph.

9 ‘‘(4) TECHNICAL ASSISTANCE.—

10 ‘‘(A) IN GENERAL.—For each school iden11 tified for school improvement under paragraph

12 (1), the local educational agency serving the

13 school shall provide technical assistance as the

14 school develops and implements the school plan

15 throughout the duration of such plan.

16 ‘‘(B) SPECIFIC ASSISTANCE.—Such tech17 nical assistance—

18 ‘‘(i) shall include assistance in ana19 lyzing data from the academic assessments

20 required under section 1111(b)(4), and

21 other samples of student work, to identify

22 and address instructional problems and so23 lutions;

24 ‘‘(ii) shall include assistance in identi25 fying and implementing professional devel-
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1 opment, instructional strategies, and meth2 ods of instruction that are based upon sci3 entifically based research and that have

4 proven effective in addressing the specific

5 instructional issues that caused the school

6 to be identified for school improvement;

7 ‘‘(iii) shall include assistance in ana8 lyzing and revising the school’s budget so

9 that the school resources are more effec10 tively allocated for the activities most likely

11 to increase student achievement and to re12 move the school from school improvement

13 status; and

14 ‘‘(iv) may be provided—

15 ‘‘(I) by the local educational

16 agency, through mechanisms author17 ized under section 1117; or

18 ‘‘(II) by the State educational

19 agency, an institution of higher edu20 cation (in full compliance with all the

21 reporting provisions of title II of the

22 Higher Education Act of 1965), a pri23 vate not-for-profit organization or for24 profit organization, an educational

25 service agency, or another entity with
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1 experience in helping schools improve

2 performance.

3 ‘‘(C) SCIENTIFICALLY BASED RE4 SEARCH.—Technical assistance provided under

5 this section by a local educational agency or an

6 entity approved by that agency shall be based

7 on scientifically based research.

8 ‘‘(5) NOTIFICATION TO PARENTS.—A local edu9 cational agency shall promptly provide parents (in a

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

11 they can understand) of each student in an elemen12 tary school or a secondary school identified for

13 school improvement—

14 ‘‘(A) an explanation of what the school im15 provement identification means, and how the

16 school identified for school improvement com17 pares in terms of academic achievement to

18 other elementary schools or secondary schools

19 served by the local educational agency and the

20 State educational agency involved;

21 ‘‘(B) the reasons for the identification;

22 ‘‘(C) an explanation of what the school

23 identified for school improvement is doing to

24 address the problem of low achievement;
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1 ‘‘(D) an explanation of what the local edu2 cational agency or State educational agency is

3 doing to help the school address the achieve4 ment problem;

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

7 in addressing the academic issues that caused

8 the school to be identified for school improve9 ment; and

10 ‘‘(F) an explanation regarding the option

11 of their child to transfer to another public

12 school, including a public charter school.

13 ‘‘(6) Additional notification.—Not less than

14 once each year, each State educational agency shall

15 provide the Secretary with the name of each school

16 identified for school improvement under this sub17 section.

18 ‘‘(7) CORRECTIVE ACTION.—

19 ‘‘(A) IN GENERAL.—In this subsection, the

20 term ‘corrective action’ means action, consistent

21 with State law, that—

22 ‘‘(i) substantially and directly re23 sponds to—

24 ‘‘(I) the consistent academic fail25 ure of a school that caused the local
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1 educational agency to take such ac2 tion; and

3 ‘‘(II) any underlying staffing,

4 curriculum, or other problems in the

5 school; and

6 ‘‘(ii) is designed to increase substan7 tially the likelihood that students enrolled

8 in the school identified for corrective action

9 will perform at the State’s proficient and

10 advanced levels of achievement on the

11 State academic assessment described in

12 section 1111(b)(4).

13 ‘‘(B) SYSTEM.—In order to help students

14 served under this part meet challenging State

15 academic standards, each local educational

16 agency shall implement a system of corrective

17 action in accordance with subparagraphs (C)

18 through (F) and paragraphs (8) through (10).

19 ‘‘(C) ROLE OF LOCAL EDUCATIONAL AGEN20 CY.—The local educational agency—

21 ‘‘(i) after providing public school

22 choice under paragraph (1)(E) and tech23 nical assistance under paragraph (4), shall

24 identify for corrective action and take cor25 rective action with respect to any school
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1 served by the local educational agency

2 under this part that—

3 ‘‘(I) fails to make adequate year4 ly progress, as defined by the State

5 under section 1111(b)(2), at the end

6 of the first full school year following

7 identification under paragraph (1); or

8 ‘‘(II) was in school-improvement

9 status for 2 years or in corrective-ac10 tion status under this subsection im11 mediately before the effective date of

12 the No Child Left Behind Act of

13 2001; and

14 ‘‘(ii) shall continue to provide tech15 nical assistance consistent with paragraph

16 (4) while instituting any corrective action

17 under clause (i); and

18 ‘‘(D) REQUIREMENTS.—In the case of a

19 school described in subparagraph (C)(i), the

20 local educational agency shall both—

21 ‘‘(i) continue to provide all students

22 enrolled in the school with the option to

23 transfer to another public school within the

24 local educational agency, including a public

25 charter school, that has not been identified
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1 for school improvement under paragraph

2 (1), unless such an option is prohibited by

3 State law; and

4 ‘‘(ii) take at least one of the following

5 corrective actions:

6 ‘‘(I) Replace the school staff

7 which are relevant to the failure to

8 make adequate yearly progress.

9 ‘‘(II) Institute and fully imple10 ment a new curriculum, including pro11 viding appropriate professional devel12 opment for all relevant staff, that is

13 based on scientifically based research

14 and offers substantial promise of im15 proving educational performance for

16 low-performing students and the

17 school meeting adequate yearly

18 progress.

19 ‘‘(III) Significantly decrease

20 management authority at the school

21 level.

22 ‘‘(IV) Appoint an outside expert

23 to advise the school on its progress to24 ward meeting adequate yearly
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1 progress, based on its school plan

2 under this subsection.

3 ‘‘(V) Extend the school year or

4 school day.

5 ‘‘(VI) Restructure the internal

6 organizational structure of the school.

7 ‘‘(E) DELAY.—A local educational agency

8 may delay, for a period not to exceed 1 year,

9 implementation of corrective action only if the

10 school’s failure to make adequate yearly

11 progress was justified due to exceptional or un12 controllable circumstances, such as a natural

13 disaster or a precipitous and unforeseen decline

14 in the financial resources of the local edu15 cational agency or school.

16 ‘‘(F) PUBLICATION AND DISSEMINA17 TION.—The local educational agency shall pub18 lish and disseminate information regarding any

19 corrective action the local educational agency

20 takes under this paragraph at a school—

21 ‘‘(i) to the public and to the parents

22 of each student enrolled in the school sub23 ject to corrective action;
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1 ‘‘(ii) in a format and, to the extent

2 practicable, in a language that the parents

3 can understand; and

4 ‘‘(iii) through such means as the

5 Internet, the media, and public agencies.

6 ‘‘(8) RESTRUCTURING.—

7 ‘‘(A) FAILURE TO MAKE ADEQUATE YEAR8 LY PROGRESS.—If—

9 ‘‘(i) a school is subject to corrective

10 action under paragraph (7) for one full

11 school year, and at the end of such year

12 continues to fail to make adequate yearly

13 progress and students in the school who

14 are from economically disadvantaged fami15 lies are not making statistically significant

16 progress in the subjects included in the

17 State’s definition of adequate yearly

18 progress; or

19 ‘‘(ii) for 2 additional years a school

20 subject to corrective action under para21 graph (7) fails to make adequate yearly

22 progress, the local educational agency

23 shall—

24 ‘‘(I) provide all students enrolled

25 in the school with the option to trans-
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1 fer to another public school within the

2 local educational agency, including a

3 public charter school, that has not

4 been identified for school improvement

5 under paragraph (1), unless prohib6 ited by State law;

7 ‘‘(II) make supplemental instruc8 tional services available, consistent

9 with subsection (d)(1); and

10 ‘‘(III) prepare a plan and make

11 necessary arrangements to carry out

12 subparagraph (B).

13 ‘‘(B) ALTERNATIVE GOVERNANCE.—Not

14 later than the beginning of the school year fol15 lowing the year in which the local educational

16 agency implements subparagraph (A), the local

17 educational agency shall implement one of the

18 following alternative governance arrangements

19 for the school consistent with State law:

20 ‘‘(i) Reopening the school as a public

21 charter school.

22 ‘‘(ii) Replacing the principal and all or

23 most of the school staff that are relevant

24 to the failure to make adequate yearly

25 progress.
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1 ‘‘(iii) Entering into a contract with an

2 entity, such as a private management com3 pany, to operate the public school.

4 ‘‘(iv) Turning the operation of the

5 school over to the State, if permitted under

6 State law and agreed to by the State.

7 ‘‘(C) AVAILABLE RESULTS.—The State

8 educational agency shall ensure that, for any

9 school year in which a school is subject to

10 school improvement under this subsection, the

11 results of State academic assessments for that

12 school are available to the local educational

13 agency by the end of the school year in which

14 the academic assessments are administered.

15 ‘‘(D) PROMPT NOTICE.—The local edu16 cational agency shall provide prompt notice to

17 teachers and parents whenever subparagraph

18 (A) or (B) applies, shall provide them adequate

19 opportunity to comment before taking any ac20 tion under those subparagraphs and, to the ex21 tent practicable, to participate in developing

22 any plan under subparagraph (A)(ii)(III), and

23 shall provide parents an explanation of the op24 tions under subparagraph (A)(i) and (ii).
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1 ‘‘(9) TRANSPORTATION.—In any case described

2 in paragraph (1)(E) for schools described in para3 graphs (1)(A)(i), (7)(D)(i), and (8)(A)(ii)(I) the

4 local educational agency—

5 ‘‘(A) shall provide, or shall pay for the pro6 vision of, transportation for the student to the

7 public school the child attends; and

8 ‘‘(B) may use not more than a total of 15

9 percent of its allocation under this part for that

10 purpose.

11 ‘‘(10) COOPERATIVE AGREEMENT.—In any case

12 described in paragraph (1)(E), (7)(D)(i), or

13 (8)(A)(ii)(I), if all public schools in the local edu14 cational agency to which a child may transfer to, are

15 identified for school improvement, the agency shall,

16 to the extent practicable, establish a cooperative

17 agreement with other local educational agencies in

18 the area for a transfer.

19 ‘‘(11) DURATION.—If any school identified for

20 corrective action or restructuring—

21 ‘‘(A) makes adequate yearly progress for 2

22 consecutive years, the local educational agency

23 need no longer subject it to corrective action or

24 restructuring nor identify it as in need of im25 provement; or
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1 ‘‘(B) fails to make adequate yearly

2 progress, but children from low-income families

3 in the school make statistically significant edu4 cational progress for 1 year, the local edu5 cational agency shall place or continue as ap6 propriate the school in corrective action under

7 paragraph (7).

8 ‘‘(12) STATE RESPONSIBILITIES.—The State

9 shall—

10 ‘‘(A) make technical assistance under sec11 tion 1117 available to all schools identified for

12 school improvement and restructuring under

13 this subsection;

14 ‘‘(B) if it determines that a local edu15 cational agency has failed to carry out its re16 sponsibilities under this subsection, take such

17 corrective actions as the State finds appropriate

18 and in compliance with State law; and

19 ‘‘(C) ensure that academic assessment re20 sults under this part are provided to schools

21 within the same school year in which the assess22 ment was given.

23 ‘‘(c) STATE REVIEW AND LOCAL EDUCATIONAL

24 AGENCY IMPROVEMENT.—

25 ‘‘(1) IN GENERAL.—A State shall—
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1 ‘‘(A) annually review the progress of each

2 local educational agency receiving funds under

3 this part to determine whether schools receiving

4 assistance under this part are making adequate

5 yearly progress as defined in section 1111(b)(2)

6 toward meeting the State’s student academic

7 achievement standards; and

8 ‘‘(B) publicize and disseminate to local

9 educational agencies, teachers and other staff,

10 parents, students, and the community the re11 sults of the State review consistent with section

12 1111, including statistically sound

13 disaggregated results, as required by section

14 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

4 enactment of the No Child Left Behind Act of 2001,

5 during which a local educational agency did not

6 make adequate yearly progress as defined in the

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

8 preceding the date of such enactment.

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

10 purposes of targeted assistance schools in a local

11 educational 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 serv14 ices 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

19 paragraph (2), a State educational agency shall

20 provide the local educational agency with an op21 portunity 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

5 final determination not later than 30 days after

6 the State educational agency provides the local

7 educational agency with the opportunity to re8 view 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

14 improvement, of the results of the review under

15 paragraph (1) and, if the agency is identified as in

16 need of improvement, the reasons for that identifica17 tion and how parents can participate in upgrading

18 the quality of the local educational agency.

19 ‘‘(7) LOCAL EDUCATIONAL AGENCY REVI20 SIONS.—

21 ‘‘(A) PLAN.—Each local educational agen22 cy identified under paragraph (2) shall, not

23 later than 3 months after being so identified,

24 develop or revise a local educational agency
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1 plan, in consultation with parents, school staff,

2 and others. Such plan shall—

3 ‘‘(i) incorporate scientifically based re4 search strategies that strengthen the core

5 academic program in the local educational

6 agency;

7 ‘‘(ii) identify specific goals and objec8 tives the local educational agency will un9 dertake to make adequate yearly progress

10 and which—

11 ‘‘(I) have the greatest likelihood

12 of improving the performance of par13 ticipating children in meeting the

14 State’s student academic achievement

15 standards;

16 ‘‘(II) address the professional de17 velopment needs of staff; and

18 ‘‘(III) include specific measurable

19 achievement goals and targets for

20 each of the groups of students identi21 fied in the disaggregated data pursu22 ant to section 1111(b)(2)(C)(iii)(I)

23 and (II);

24 ‘‘(iii) incorporate, as appropriate, ex25 tended learning time for students such as
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1 before school, after school, during the sum2 mer, and extension of the school year.

3 ‘‘(iv) identify how the local edu4 cational agency will provide written notifi5 cation to parents in a format, and to the

6 extent practicable in a language, that they

7 can understand, pursuant to paragraph

8 (6); and

9 ‘‘(v) specify the responsibilities of the

10 State educational agency and the local edu11 cational agency under the plan.

12 ‘‘(B) IMPLEMENTATION.—The local edu13 cational agency shall implement its plan or re14 vised plan expeditiously, but not later than the

15 beginning of the school year after which the

16 school has been identified for improvement.

17 ‘‘(8) STATE RESPONSIBILITY.—

18 ‘‘(A) IN GENERAL.—For each local edu19 cational agency identified under paragraph (2),

20 the State shall provide technical or other assist21 ance, if requested, as authorized under section

22 1117, to better enable the local educational

23 agency—

24 ‘‘(i) to develop and implement its re25 vised plan as approved by the State edu-
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1 cational agency consistent with the require2 ments of this section; and

3 ‘‘(ii) to work with schools needing im4 provement.

5 ‘‘(B) TECHNICAL ASSISTANCE.—Technical

6 assistance provided under this section by the

7 State educational agency or an entity author8 ized by such agency shall be based upon sci9 entifically based research.

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

11 students served under this part meet challenging

12 State academic standards, each State shall imple13 ment a system of corrective action in accordance

14 with the following:

15 ‘‘(A) IN GENERAL.—After providing tech16 nical assistance under paragraph (8) and sub17 ject to subparagraph (D), the State—

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

19 time with respect to a local educational

20 agency that has been identified under

21 paragraph (2);

22 ‘‘(ii) shall take corrective action with

23 respect to any local educational agency

24 that fails to make adequate yearly

25 progress, as defined by the State, after the
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1 end of the second year following its identi2 fication under paragraph (2); and

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

6 ‘‘(B) DEFINITION.—As used in this para7 graph, the term ‘corrective action’ means ac8 tion, consistent with State law, that—

9 ‘‘(i) substantially and directly re10 sponds to the consistent academic failure

11 that caused the State to take such action

12 and to any underlying staffing, curricular,

13 or other problems in the school; and

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

15 having all students served under this part

16 perform at the proficient and advanced

17 performance levels.

18 ‘‘(C) CERTAIN LOCAL EDUCATIONAL AGEN19 CIES.—In the case of a local educational agency

20 described in this paragraph, the State edu21 cational agency shall take not less than one of

22 the following corrective actions:

23 ‘‘(i) Withhold funds from the local

24 educational agency.
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1 ‘‘(ii) Replace the school district per2 sonnel who are relevant to the failure to

3 make adequate year progress.

4 ‘‘(iii) Remove particular schools from

5 the jurisdiction of the local educational

6 agency and establish alternative arrange7 ments for public governance and super8 vision of such schools.

9 ‘‘(iv) Appoint, through the State edu10 cational agency, a receiver or trustee to ad11 minister the affairs of the local educational

12 agency in place of the superintendent and

13 school board.

14 ‘‘(v) Abolish or restructure the local

15 educational agency.

16 ‘‘(vi) Authorize students to transfer

17 from a school operated by a local edu18 cational agency to a higher performing

19 public school operated by another local

20 educational agency, or to a public charter

21 school and provide such students transpor22 tation (or the costs of transportation to

23 such schools), in conjunction with not less

24 than one additional action described under

25 this paragraph.
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1 ‘‘(D) HEARING.—Prior to implementing

2 any corrective action, the State educational

3 agency shall provide due process and a hearing

4 to the affected local educational agency, if State

5 law provides for such process and hearing.

6 ‘‘(E) PUBLICATION.—The State edu7 cational agency shall publish, and disseminate

8 to parents and the public any corrective action

9 it takes under this paragraph through such

10 means as the Internet, the media, and public

11 agencies.

12 ‘‘(F) DELAY.—A local educational agency

13 may delay, for a period not to exceed 1 year,

14 implementation of corrective action if the fail15 ure to make adequate yearly progress was justi16 fied due to exceptional or uncontrollable cir17 cumstances such as a natural disaster or a pre18 cipitous and unforeseen decline in the financial

19 resources of the local educational agency or

20 school.

21 ‘‘(10) SPECIAL RULE.—A local educational

22 agency, that, for at least 2 of the 3 years following

23 identification under paragraph (2), makes adequate

24 yearly progress shall no longer be identified for im25 provement.
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1 ‘‘(d) PARENTAL OPTIONS.—

2 ‘‘(1) In any case described in subsection

3 (b)(7)(A)(ii)(II), the local educational agency shall

4 permit the parents of each eligible child to obtain

5 supplemental educational services for such child

6 from a provider, as approved by the State edu7 cational agency in accordance with reasonable cri8 teria that it shall adopt. Such criteria shall require

9 a provider to demonstrate a record of effectiveness,

10 or the potential of effectiveness, in providing supple11 mental instructional services to children, consistent

12 with the instructional program of the local edu13 cational agency and the academic standards de14 scribed under section 1111.

15 ‘‘(2) SELECTION.—In obtaining services under

16 this paragraph, a parent shall select a provider that

17 meets the criteria described under paragraph (1).

18 The local educational agency shall provide assist19 ance, upon request, to parents in the selection of a

20 provider to provide supplemental instructional serv21 ices.

22 ‘‘(3) CONTRACT.—In the case of the selection of

23 a provider under paragraph (2) by a parent, the

24 local educational agency shall enter into a contract

25 with such provider. Such contract shall—
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1 ‘‘(A) require the local educational agency

2 to develop, with parents (and the provider they

3 have chosen), a statement of specific perform4 ance goals for the student, how the student’s

5 progress will be measured, and a timetable for

6 improving achievement;

7 ‘‘(B) provide for the termination of such

8 contract with a provider that is unable to meet

9 such goals and timetables; and

10 ‘‘(C) contain provisions with respect to the

11 making of payments to the provider by the local

12 educational agency.

13 ‘‘(4) ADDITIONAL LOCAL EDUCATIONAL AGEN14 CY RESPONSIBILITIES.—Each local educational

15 agency subject to this paragraph shall provide an16 nual notice to parents (if feasible, in the parents’

17 language) of the availability of services under this

18 paragraph and the eligible providers of those serv19 ices.

20 ‘‘(5) STATE EDUCATIONAL AGENCY RESPON21 SIBILITIES.—Each State educational agency shall—

22 ‘‘(A) consult with local educational agen23 cies and promote maximum participation by

24 providers to ensure, to the extent practicable,
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1 that parents have as many choices of those pro2 viders as possible;

3 ‘‘(B) develop criteria consistent with para4 graph (6) and apply such criteria to potential

5 providers to determine which, based on the

6 quality and effectiveness of their services, are

7 eligible to participate;

8 ‘‘(C) maintain an updated list of approved

9 providers across the State, from which parents

10 may select;

11 ‘‘(D) develop and implement standards and

12 techniques for monitoring the quality and effec13 tiveness of the services offered by providers,

14 and withdraw approval from those that fail to

15 meet those standards for two consecutive years;

16 ‘‘(E) provide annual notice to potential

17 providers of supplemental services of the oppor18 tunity to provide services under this paragraph

19 and of the applicable procedures for obtaining

20 approval from the State educational agency to

21 be a provider of those services.

22 ‘‘(6) CRITERIA FOR PROVIDERS.—In order for a

23 provider to be included on the State list under para24 graph (5)(c), a provider shall agree to the following:
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1 ‘‘(A) Provide parents of children receiving

2 supplemental instructional services under this

3 paragraph and the appropriate local educational

4 agency with information on the progress of

5 their children in increasing achievement, in a

6 format and, to the extent practicable, a lan7 guage such parents can understand.

8 ‘‘(B) Ensure that instruction and content

9 used by the provider is consistent with the in10 struction and content used by the local edu11 cational agency and State.

12 ‘‘(C) Require a provider to meet all appli13 cable Federal, State, and local health, safety

14 and civil rights laws.

15 ‘‘(D) Ensure that all instruction and con16 tent under this paragraph shall be secular, neu17 tral, and nonideological.

18 ‘‘(7) COSTS.—

19 ‘‘(A) The costs of administration of this

20 paragraph and the costs of providing such sup21 plemental instructional services shall be limited

22 to the total of 40 percent of the per child allo23 cation under subpart 2 of each school identified

24 under subsection (b)(7)(A)(ii)(II);
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1 ‘‘(B) ADDITIONAL FUNDS.—If the allocation

2 under subparagraph (A) is insufficient to pro3 vide services for all eligible students that have

4 selected a provider, a local educational agency

5 may use funds under subpart 1 of part A of

6 title IV to pay for additional costs;

7 ‘‘(C) TRANSPORTATION COSTS.—A local

8 educational agency may use up to 15 percent of

9 its allocation under subpart 2 for transportation

10 costs.

11 ‘‘(8) FUNDS PROVIDED BY STATE EDU12 CATIONAL AGENCY.—Each State educational agency

13 may use funds that it reserves under this part, and

14 subpart 1 of part A of title IV to provide local edu15 cational agencies that do not have sufficient funds to

16 provide services under this paragraph for all eligible

17 students requesting such services.

18 ‘‘(9) DURATION.—The local educational agency

19 shall continue to provide supplemental instructional

20 services to enrolled children receiving such services

21 under this paragraph until the child completes the

22 grade corresponding to the highest grade offered at

23 the public school which was identified for restruc24 turing under subsection (b)(7), or until such school,

25 so long as the child attends such school, is not iden-
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1 tified under subsection (b)(1), (b)(6), or (b)(7),

2 whichever comes earlier.

3 ‘‘(10) DEFINITIONS.—As used in this sub4 section, the term—

5 ‘‘(A) ‘eligible child’ means a child from a

6 low-income family, as determined by the local

7 educational agency for purposes of allocating

8 funds to schools under section 1113(c)(1);

9 ‘‘(B) ‘supplemental instructional services’

10 means tutoring and other supplemental aca11 demic enrichment services that are in addition

12 to instruction provided during the school day

13 and are specifically designed to increase the

14 academic achievement of eligible children on the

15 academic assessments required under section

16 1111; and

17 ‘‘(C) ‘provider’ means a non-profit or a

18 for-profit entity which has a demonstrated

19 record of effectiveness or the potential of

20 effectiveness—

21 ‘‘(i) in providing supplemental instruc22 tional services that are consistent with the

23 instructional program of the local edu24 cational agency and the academic stand25 ards described under section 1111; and
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1 ‘‘(ii) in sound fiscal management;

2 ‘‘(D) ‘per child allocation’ means an

3 amount that is equal to at least—

4 ‘‘(i) the amount of the school’s alloca5 tion under subpart 2; divided by

6 ‘‘(ii) the number of children from low7 income families enrolled in the school.

8 ‘‘(11) PROHIBITION.—Nothing contained in this

9 subsection shall permit the making of any payment

10 for religious worship or instruction.

11 ‘‘(e) TREATMENT OF BUREAU FUNDED SCHOOLS.—

12 For the purposes of applying the requirements of sub13 section (b) to schools funded by the Bureau of Indian Af14 fairs, the Secretary of Interior shall implement such sub15 section in a manner that treats the appropriate tribe or

16 tribal organization as a local educational agency for the

17 purpose of implementing school improvement, corrective

18 action and restructuring actions. If such tribe or tribal

19 organization does not take the appropriate action required

20 under subsection (b), the Secretary shall take such appro21 priate action as required under subsection (b) after final

22 notice to such tribe or tribal organization.’’.

23 SEC. 107. STATE ASSISTANCE FOR SCHOOL SUPPORT AND

24 IMPROVEMENT.

25 Section 1117 is amended to read as follows:
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1 ‘‘SEC. 1117. STATE ASSISTANCE FOR SCHOOL SUPPORT AND

2 IMPROVEMENT.

3 ‘‘(a) SYSTEM FOR SUPPORT.—Each State shall es4 tablish a statewide system of intensive and sustained sup5 port and improvement for local educational agencies and

6 schools receiving funds under this part, in order to in7 crease the opportunity for all students in those agencies

8 and schools to meet the State’s academic content stand9 ards and student academic achievement standards.

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

11 State shall—

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

13 local educational agencies subject to corrective action

14 under section 1116 and assist schools, in accordance

15 with section 1116(b)(11), for which a local edu16 cational agency has failed to carry out its respon17 sibilities under paragraphs (7) and (8) of section

18 1116(b);

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

20 other local educational agencies identified as in need

21 of improvement under section 1116(b); and

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

23 other local educational agencies and schools partici24 pating under this part that need that support and

25 assistance in order to achieve the purpose of this

26 part.
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1 ‘‘(c) APPROACHES.—In order to achieve the purpose

2 described in subsection (a), each such system shall provide

3 technical assistance and support through such approaches

4 as—

5 ‘‘(1) school support teams, composed of individ6 uals who are knowledgeable about scientifically

7 based research and practice on teaching and learn8 ing, particularly about strategies for improving edu9 cational results for low-achieving children; and

10 ‘‘(2) the designation and use of ‘‘Distinguished

11 Educators’’, chosen from schools served under this

12 part that have been especially successful in improv13 ing academic achievement.

14 ‘‘(d) FUNDS.—Each State—

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

16 1003(a); and

17 ‘‘(2) may use State administrative funds au18 thorized under section 1002(i) for such purpose to

19 establish a Statewide system of support.

20 ‘‘(e) ALTERNATIVES.—The State may devise addi21 tional approaches to providing the assistance described in

22 paragraphs (1) and (2) of subsection (c), such as pro23 viding assistance through institutions of higher education

24 and educational service agencies or other local consortia,

25 and private providers of scientifically based technical as-
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1 sistance and the State may seek approval from the Sec2 retary to use funds made available under section 1002(j)

3 for such approaches as part of the State plan.’’.

4 SEC. 108. ACADEMIC ACHIEVEMENT AWARDS PROGRAM.

5 Sections 1118 through 1127 are amended to read as

6 follows:

7 ‘‘SEC. 1117A. ACADEMIC ACHIEVEMENT AWARDS PROGRAM.

8 ‘‘(a) ESTABLISHMENT OF ACADEMIC ACHIEVEMENT

9 AWARDS PROGRAM.—

10 ‘‘(1) IN GENERAL.—Each State receiving a

11 grant under this part may establish a program for

12 making academic achievement awards to recognize

13 and financially reward schools served under this part

14 that have—

15 ‘‘(A) significantly closed the achievement

16 gap between the groups of students defined in

17 section 1111(b)(2); or

18 ‘‘(B) exceeded their adequate yearly

19 progress goals, consistent with section

20 1111(b)(2), for 2 or more consecutive years.

21 ‘‘(2) AWARDS TO TEACHERS.—A State program

22 under paragraph (1) may also recognize and provide

23 financial awards to teachers teaching in a school de24 scribed in such paragraph whose students consist25 ently make significant gains in academic achieve-
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1 ment in the areas in which the teacher provides in2 struction.

3 ‘‘(b) FUNDING.—

4 ‘‘(1) RESERVATION OF FUNDS BY STATE.—For

5 the purpose of carrying out this section, each State

6 receiving a grant under this part may reserve, from

7 the amount (if any) by which the funds received by

8 the State under this part for a fiscal year exceed the

9 amount received by the State under this part for the

10 preceding fiscal year, not more than 30 percent of

11 such excess amount.

12 ‘‘(2) USE WITHIN 3 YEARS.—Notwithstanding

13 any other provision of law, the amount reserved

14 under paragraph (1) by a State for each fiscal year

15 shall remain available to the State until expended

16 for a period not exceeding 3 years.

17 ‘‘(3) SPECIAL ALLOCATION RULE FOR SCHOOLS

18 IN HIGH-POVERTY AREAS.—

19 ‘‘(A) IN GENERAL.—Each State receiving

20 a grant under this part shall distribute at least

21 75 percent of the amount reserved under para22 graph (1) for each fiscal year to schools de23 scribed in subparagraph (B), or to teachers

24 teaching in such schools.
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1 ‘‘(B) SCHOOL DESCRIBED.—A school de2 scribed in subparagraph (A) is a school whose

3 student population is in the highest quartile of

4 schools statewide in terms of the percentage of

5 children from low income families.

6 ‘‘SEC. 1118. PARENTAL INVOLVEMENT.

7 ‘‘(a) LOCAL EDUCATIONAL AGENCY POLICY.—

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

9 may receive funds under this part only if such agen10 cy implements programs, activities, and procedures

11 for the involvement of parents in programs assisted

12 under this part consistent with the provisions of this

13 section. Such activities shall be planned and imple14 mented with meaningful consultation with parents of

15 participating children.

16 ‘‘(2) WRITTEN POLICY.—Each local educational

17 agency that receives funds under this part shall de18 velop jointly with, agree upon with, and distribute

19 to, parents of participating children a written parent

20 involvement policy that is incorporated into the local

21 educational agency’s plan developed under section

22 1112, establishes the expectations for parent involve23 ment, and describes how the local educational agen24 cy will—
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1 ‘‘(A) involve parents in the joint develop2 ment of the plan under section 1112, and the

3 process of school review and improvement under

4 section 1116;

5 ‘‘(B) provide the coordination, technical as6 sistance, and other support necessary to assist

7 participating schools in planning and imple8 menting effective parent involvement;

9 ‘‘(C) build the schools’ and parents’ capac10 ity for strong parent involvement as described

11 in subsection (e);

12 ‘‘(D) coordinate and integrate parental in13 volvement strategies under this part with paren14 tal involvement strategies under other pro15 grams, such as Head Start, Early Reading

16 First, Reading First, Even Start, the Parents

17 as Teachers Program, the Home Instruction

18 Program for Preschool Youngsters, and State19 run preschool programs;

20 ‘‘(E) conduct, with the involvement of par21 ents, an annual evaluation of the content and

22 effectiveness of the parental involvement policy

23 in improving the academic quality of the schools

24 served under this part; and
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1 ‘‘(F) involve parents in the activities of the

2 schools served under this part.

3 ‘‘(3) RESERVATION.—

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

5 agency shall reserve not less than 1 percent of

6 such agency’s allocation under this part to

7 carry out this section, including family literacy

8 and parenting skills, except that this paragraph

9 shall not apply if 1 percent of such agency’s al10 location under this part (other than funds allo11 cated under section 1002(g) for the fiscal year

12 for which the determination is made is $5,000

13 or less.

14 ‘‘(B) PARENTAL INPUT.—Parents of chil15 dren receiving services under this part shall be

16 involved in the decisions regarding how funds

17 reserved under subparagraph (A) are allotted

18 for parental involvement activities.

19 ‘‘(C) DISTRIBUTION OF FUNDS.—Not less

20 than 95 percent of the funds reserved under

21 subparagraph (A) shall be distributed to schools

22 served under this part.

23 ‘‘(b) SCHOOL PARENTAL INVOLVEMENT POLICY.—

24 ‘‘(1) IN GENERAL.—Each school served under

25 this part shall jointly develop with, and distribute to,
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1 parents of participating children a written parental

2 involvement policy, agreed upon by such parents,

3 that shall describe the means for carrying out the

4 requirements of subsections (c) through (f). Parents

5 shall be notified of the policy in a format, and to the

6 extent practicable in a language they can under7 stand. Such policy shall be updated periodically to

8 meet the changing needs of parents and the school.

9 ‘‘(2) SPECIAL RULE.—If the school has a pa10 rental involvement policy that applies to all parents,

11 such school may amend that policy, if necessary, to

12 meet the requirements of this subsection.

13 ‘‘(3) AMENDMENT.—If the local educational

14 agency has a school district-level parental involve15 ment policy that applies to all parents, such agency

16 may amend that policy, if necessary, to meet the re17 quirements of this subsection.

18 ‘‘(4) PARENTAL COMMENTS.—If the plan under

19 section 1112 is not satisfactory to the parents of

20 participating children, the local educational agency

21 shall submit any parent comments with such plan

22 when such local educational agency submits the plan

23 to the State.

24 ‘‘(c) POLICY INVOLVEMENT.—Each school served

25 under this part shall—
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1 ‘‘(1) convene an annual meeting, at a conven2 ient time, to which all parents of participating chil3 dren shall be invited and encouraged to attend, to

4 inform parents of their school’s participation under

5 this part and to explain this part, its requirements,

6 and their right to be involved;

7 ‘‘(2) offer a flexible number of meetings, such

8 as meetings in the morning or evening, and may

9 provide, with funds provided under this part, trans10 portation, child care, or home visits, as such services

11 relate to parental involvement;

12 ‘‘(3) involve parents, in an organized, ongoing,

13 and timely way, in the planning, review, and im14 provement of programs under this part, including

15 the school parental involvement policy and the joint

16 development of the schoolwide program plan under

17 section 1114(c)(2) and (c)(3), except that if a school

18 has in place a process for involving parents in the

19 joint planning and design of its programs, the school

20 may use that process, if such process includes an

21 adequate representation of parents of participating

22 children;

23 ‘‘(4) provide parents of participating children—

24 ‘‘(A) timely information about programs

25 under this part;
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1 ‘‘(B) a description and explanation of the

2 curriculum in use at the school, the forms of

3 academic assessment used to measure student

4 progress, and the proficiency levels students are

5 expected to meet; and

6 ‘‘(5) if the schoolwide program plan under sec7 tion 1114(c)(2) and (c)(3) is not satisfactory to the

8 parents of participating children, submit any parent

9 comments on the plan when the school makes the

10 plan available to the local educational agency.

11 ‘‘(d) SHARED RESPONSIBILITIES FOR HIGH STU12 DENT PERFORMANCE.—As a component of the school13 level parental involvement policy developed under sub14 section (b), each school served under this part shall agree

15 with parents of children served under this part regarding

16 how parents, the entire school staff, and students will

17 share the responsibility for improved student achievement

18 and the means by which the school and parents will build

19 and develop a partnership to help children achieve the

20 State’s high academic standards.

21 ‘‘(e) BUILDING CAPACITY FOR INVOLVEMENT.—To

22 ensure effective involvement of parents and to support a

23 partnership among the school, parents, and the commu24 nity to improve student achievement, each school and local

25 educational agency—
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1 ‘‘(1) shall provide assistance to participating

2 parents in such areas as understanding the State’s

3 academic content standards and State student aca4 demic achievement standards, State and local aca5 demic assessments, the requirements of this part,

6 and how to monitor a child’s progress and work with

7 educators to improve the performance of their chil8 dren;

9 ‘‘(2) shall provide materials and training to

10 help parents to work with their children to improve

11 their children’s achievement;

12 ‘‘(3) shall educate teachers, pupil services per13 sonnel, principals and other staff, with the assist14 ance of parents, in the value and utility of contribu15 tions of parents, and in how to reach out to, commu16 nicate with, and work with parents as equal part17 ners, implement and coordinate parent programs,

18 and build ties between parents and the school;

19 ‘‘(4) shall coordinate and integrate parent in20 volvement programs and activities with Head Start,

21 Reading First, Early Reading First, Even Start, the

22 Home Instruction Programs for Preschool Young23 sters, the Parents as Teachers Program, and public

24 preschool programs and other programs, to the ex25 tent feasible and appropriate;
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1 ‘‘(5) shall ensure, to the extent possible, that

2 information related to school and parent programs,

3 meetings, and other activities is sent to the parents

4 of participating children in the language used by

5 such parents;

6 ‘‘(6) may involve parents in the development of

7 training for teachers, principals, and other educators

8 to improve the effectiveness of such training in im9 proving instruction and services to the children of

10 such parents in a format, and to the extent prac11 ticable, in a language the parent can understand;

12 ‘‘(7) may provide necessary literacy training

13 from funds received under this part if the local edu14 cational agency has exhausted all other reasonably

15 available sources of funding for such activities;

16 ‘‘(8) may pay reasonable and necessary ex17 penses associated with local parental involvement ac18 tivities, including transportation and child care

19 costs, to enable parents to participate in school-re20 lated meetings and training sessions;

21 ‘‘(9) may train parents to enhance the involve22 ment of other parents;

23 ‘‘(10) may arrange for teachers or other edu24 cators, who work directly with participating children,
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1 to conduct in-home conferences with parents who are

2 unable to attend such conferences at school;

3 ‘‘(11) may adopt and implement model ap4 proaches to improving parental involvement;

5 ‘‘(12) may establish a districtwide parent advi6 sory council to provide advice on all matters related

7 to parental involvement in programs supported

8 under this part; and

9 ‘‘(13) may develop appropriate roles for com10 munity-based organizations and businesses in parent

11 involvement activities.

12 ‘‘(f) ACCESSIBILITY.—In carrying out the parental

13 involvement requirements of this part, local educational

14 agencies and schools, to the extent practicable, shall pro15 vide full opportunities for the participation of parents with

16 limited English proficiency or with disabilities and parents

17 of migratory children, including providing information and

18 school reports required under section 1111 in a format,

19 and to the extent practicable, in a language such parents

20 understand.

21 ‘‘SEC. 1119. QUALIFICATIONS FOR TEACHERS AND PARA22 PROFESSIONALS.

23 ‘‘(a) TEACHERS.—

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

25 agency receiving assistance under this part shall en-
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1 sure that all teachers hired on or after the effective

2 date of the No Child Left Behind Act of 2001 and

3 teaching in a program supported with funds under

4 this part are fully qualified.

5 ‘‘(2) PLAN.—Each State receiving assistance

6 under this part shall develop and submit to the Sec7 retary a plan to ensure that all teachers teaching

8 within the State are fully qualified not later than

9 December 31, 2005. Such plan shall include an as10 surance that the State will require each local edu11 cational agency and school receiving funds under

12 this part publicly to report their annual progress on

13 the agency’s and the school’s performance in in14 creasing the percentage of classes in core academic

15 areas taught by fully qualified teachers.

16 ‘‘(b) NEW PARAPROFESSIONALS.—

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

18 agency receiving assistance under this part shall en19 sure that all paraprofessionals hired 1 year or more

20 after the effective date of the No Child Left Behind

21 Act of 2001 and working in a program supported

22 with funds under this part shall—

23 ‘‘(A) have completed at least 2 years of

24 study at an institution of higher education;
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1 ‘‘(B) have obtained an associate’s (or high2 er) degree; or

3 ‘‘(C) have met a rigorous standard of qual4 ity that demonstrates, through a formal aca5 demic assessment—

6 ‘‘(i) knowledge of, and the ability to

7 assist in instructing reading, writing, and

8 math; or

9 ‘‘(ii) knowledge of, and the ability to

10 assist in instructing reading readiness,

11 writing readiness, and math readiness, as

12 appropriate.

13 ‘‘(2) CLARIFICATION.—For purposes of para14 graph (1)(C), the receipt of a high school diploma

15 (or its recognized equivalent) shall be necessary but

16 not by itself sufficient to satisfy the requirements of

17 such paragraph.

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

19 educational agency receiving assistance under this part

20 shall ensure that all paraprofessionals hired before the

21 date that is 1 year after the effective date of the No Child

22 Left Behind Act of 2001 and working in a program sup23 ported with funds under this part shall, not later than 3

24 years after such effective date, satisfy the requirements

25 of subsection (b).
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1 ‘‘(d) EXCEPTIONS FOR TRANSLATION AND PAREN2 TAL INVOLVEMENT ACTIVITIES.—Subsections (b) and (c)

3 shall not apply to a paraprofessional—

4 ‘‘(1) who is proficient in English and a lan5 guage other than English and who provides services

6 primarily to enhance the participation of children in

7 programs under this part by acting as a translator;

8 or

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

10 parental involvement activities consistent with sec11 tion 1118.

12 ‘‘(e) GENERAL REQUIREMENT FOR ALL PARA13 PROFESSIONALS.—Each local educational agency receiving

14 assistance under this part shall ensure that all paraprofes15 sionals working in a program supported with funds under

16 this part, regardless of the paraprofessional’s hiring date,

17 possess a high school diploma or its recognized equivalent.

18 ‘‘(f) DUTIES OF PARAPROFESSIONALS.—

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

20 agency receiving assistance under this part shall en21 sure that a paraprofessional working in a program

22 supported with funds under this part is not assigned

23 a duty inconsistent with this subsection.
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1 ‘‘(2) RESPONSIBILITIES PARAPROFESSIONALS

2 MAY BE ASSIGNED.—A paraprofessional described in

3 paragraph (1) may only be assigned—

4 ‘‘(A) to provide one-on-one tutoring for eli5 gible students, if the tutoring is scheduled at a

6 time when a student would not otherwise re7 ceive instruction from a teacher;

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

9 such as organizing instructional and other ma10 terials;

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

12 laboratory;

13 ‘‘(D) to conduct parental involvement ac14 tivities;

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

16 media center;

17 ‘‘(F) to act as a translator; or

18 ‘‘(G) to provide instructional services to

19 students.

20 ‘‘(3) ADDITIONAL LIMITATIONS.—A paraprofes21 sional described in paragraph (1)—

22 ‘‘(A) may not provide any instructional

23 service to a student unless the paraprofessional

24 is working under the direct supervision of a

25 fully qualified teacher; and
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1 ‘‘(B) may not provide instructional services

2 to students in the area of reading, writing, or

3 math unless the paraprofessional has dem4 onstrated, through a State or local academic as5 sessment, the ability to effectively carry out

6 reading, writing, or math instruction.

7 ‘‘(g) USE OF FUNDS.—

8 ‘‘(1) PROFESSIONAL DEVELOPMENT.—A local

9 educational agency receiving funds under this part

10 may use such funds to support ongoing training and

11 professional development to assist teachers and

12 paraprofessionals in satisfying the requirements of

13 this section.

14 ‘‘(2) LIMITATION ON USE OF FUNDS FOR PARA15 PROFESSIONALS.—

16 ‘‘(A) IN GENERAL.—Beginning on and

17 after the effective date of the No Child Left Be18 hind Act of 2001, a local educational agency

19 may not use funds received under this part to

20 fund any paraprofessional hired after such date

21 unless the hiring is to fill a vacancy created by

22 the departure of another paraprofessional fund23 ed under this part and such new paraprofes24 sional satisfies the requirements of subsection

25 (b), except as provided in subsection (d).
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1 ‘‘(B) EXCEPTION.—Subparagraph (A)

2 shall not apply for a fiscal year to a local edu3 cational agency that can demonstrate to the

4 State that all teachers under the jurisdiction of

5 the agency are fully qualified.

6 ‘‘(h) VERIFICATION OF COMPLIANCE.—

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

8 with this section, each local educational agency at a

9 minimum shall require that the principal of each

10 school operating a program under section 1114 or

11 1115 annually attest in writing as to whether such

12 school is in compliance with the requirements of this

13 section.

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

15 of attestations under paragraph (1)—

16 ‘‘(A) shall be maintained at each school op17 erating a program under section 1114 or 1115

18 and at the main office of the local educational

19 agency; and

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

21 the general public upon request.

22 ‘‘SEC. 1119A. PROFESSIONAL DEVELOPMENT.

23 ‘‘(a) PURPOSE.—The purpose of this section is to as24 sist each local educational agency receiving assistance

25 under this part in increasing the academic achievement
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1 of children served under this part through improved teach2 er quality.

3 ‘‘(b) PROFESSIONAL DEVELOPMENT ACTIVITIES.—

4 Professional development activities under this section

5 shall—

6 ‘‘(1) give teachers, principals, and administra7 tors the knowledge and skills to provide students

8 with the opportunity to meet challenging State or

9 local academic content standards and student aca10 demic achievement standards;

11 ‘‘(2) support the recruiting, hiring, and training

12 of fully qualified teachers, including teachers fully

13 qualified through State and local alternative routes;

14 ‘‘(3) 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 ‘‘(4) be directly related to the curriculum and

20 content areas in which the teacher provides instruc21 tion, except this requirement does not apply to ac22 tivities that instruct in methods of improving stu23 dent behavior;

24 ‘‘(5) be designed to enhance the ability of a

25 teacher to understand and use the State’s academic
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1 standards for the subject area in which the teacher

2 provides instruction;

3 ‘‘(6) be tied to scientifically based research

4 demonstrating the effectiveness of such professional

5 development activities or programs in increasing stu6 dent achievement or substantially increasing the

7 knowledge and teaching skills of teachers;

8 ‘‘(7) be of sufficient intensity and duration (not

9 to include 1-day or short-term workshops and con10 ferences) to have a positive and lasting impact on

11 the teacher’s performance in the classroom;

12 ‘‘(8) be developed with extensive participation

13 of teachers, principals, parents, and administrators

14 of schools to be served under this part;

15 ‘‘(9) be designed to give teachers of limited

16 English proficient children, other teachers, and in17 structional staff the knowledge and skills to provide

18 instruction and appropriate language and academic

19 support services to such children, including the ap20 propriate use of curriculum and academic assess21 ments;

22 ‘‘(10) to the extent appropriate, provide train23 ing for teachers in the use of technology so that

24 technology and its applications are effectively used

25 in the classroom to improve teaching and learning in
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1 the curriculum and academic content areas in which

2 the teachers provide instruction; and

3 ‘‘(11) as a whole, be regularly evaluated for

4 their impact on increased teacher effectiveness and

5 improved student achievement, with the findings of

6 such evaluations used to improve the quality of pro7 fessional development.

8 ‘‘(c) ADDITIONAL PROFESSIONAL DEVELOPMENT

9 ACTIVITIES.—Such professional development activities

10 may include—

11 ‘‘(1) instruction in the use of data and aca12 demic assessments to inform and instruct classroom

13 practice;

14 ‘‘(2) instruction in ways that teachers, prin15 cipals, pupil services personnel, and school adminis16 trators may work more effectively with parents;

17 ‘‘(3) the forming of partnerships with institu18 tions of higher education to establish school-based

19 teacher training programs that provide prospective

20 teachers and novice teachers with an opportunity to

21 work under the guidance of experienced teachers and

22 college faculty;

23 ‘‘(4) the creation of career ladder programs for

24 paraprofessionals (assisting teachers under this

25 part) to obtain the education necessary for such
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1 paraprofessionals to become licensed and certified

2 teachers; and

3 ‘‘(5) instruction in ways to teach special needs

4 children.

5 ‘‘(d) PROGRAM PARTICIPATION.—Each local edu6 cational agency receiving assistance under this part may

7 design professional development programs so that—

8 ‘‘(1) all school staff in schools participating in

9 a schoolwide program under section 1114 can par10 ticipate in professional development activities; and

11 ‘‘(2) all school staff in targeted assistance

12 schools may participate in professional development

13 activities if such participation will result in better

14 addressing the needs of students served under this

15 part.

16 ‘‘(e) PARENTAL PARTICIPATION.—Parents may par17 ticipate in professional development activities under this

18 part if the school determines that parental participation

19 is appropriate.

20 ‘‘(f) CONSORTIA.—In carrying out such professional

21 development programs, local educational agencies may

22 provide services through consortia arrangements with

23 other local educational agencies, educational service agen24 cies or other local consortia, institutions of higher edu-
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1 cation, or other public or private institutions or organiza2 tions.

3 ‘‘(g) CONSOLIDATION OF FUNDS.—Funds provided

4 under this part that are used for professional development

5 purposes may be consolidated with funds provided under

6 title II of this Act and other sources.

7 ‘‘(h) SPECIAL RULE.—No State educational agency

8 shall require a school or a local educational agency to ex9 pend a specific amount of funds for professional develop10 ment activities under this part, except that this paragraph

11 shall not apply with respect to requirements under section

12 1116(b)(3)(A)(iii).

13 ‘‘SEC. 1120. PARTICIPATION OF CHILDREN ENROLLED IN

14 PRIVATE SCHOOLS.

15 ‘‘(a) GENERAL REQUIREMENT.—

16 ‘‘(1) IN GENERAL.—To the extent consistent

17 with the number of eligible children identified under

18 section 1115(b) in a local educational agency who

19 are enrolled in private elementary and secondary

20 schools, a local educational agency shall, after timely

21 and meaningful consultation with appropriate pri22 vate school officials, provide such children, on an eq23 uitable basis, special educational services or other

24 benefits under this part (such as dual enrollment,

25 educational radio and television, computer equip-
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1 ment and materials, other technology, and mobile

2 educational services and equipment) that address

3 their needs, and shall ensure that teachers and fami4 lies of these students participate, on an equitable

5 basis, in services and activities developed pursuant

6 to sections 1118 and 1119A.

7 ‘‘(2) SECULAR, NEUTRAL, NONIDEOLOGICAL.—

8 Such educational services or other benefits, including

9 materials and equipment, shall be secular, neutral,

10 and nonideological.

11 ‘‘(3) EQUITY.—Educational services and other

12 benefits for such private school children shall be eq13 uitable in comparison to services and other benefits

14 for public school children participating under this

15 part, and shall be provided in a timely manner.

16 ‘‘(4) EXPENDITURES.—Expenditures for edu17 cational services and other benefits to eligible private

18 school children shall be equal to the proportion of

19 funds allocated to participating school attendance

20 areas based on the number of children from low-in21 come families who attend private schools, which the

22 local educational agency may determine each year or

23 every 2 years.

24 ‘‘(5) PROVISION OF SERVICES.—The local edu25 cational agency shall provide services under this sec-
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1 tion directly or through contracts with public and

2 private agencies, organizations, and institutions.

3 ‘‘(b) CONSULTATION.—

4 ‘‘(1) IN GENERAL.—To ensure timely and

5 meaningful consultation, a local educational agency

6 shall consult with appropriate private school officials

7 during the design and development of such agency’s

8 programs under this part, on issues such as—

9 ‘‘(A) how the children’s needs will be iden10 tified;

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

12 ‘‘(C) how, where, and by whom the services

13 will be provided;

14 ‘‘(D) how the services will be academically

15 assessed and how the results of that assessment

16 will be used to improve those services;

17 ‘‘(E) the size and scope of the equitable

18 services to be provided to the eligible private

19 school children, and the amount of funds gen20 erated by low-income private school children in

21 each participating attendance area;

22 ‘‘(F) the method or sources of data that

23 are used under subsection (a)(4) and section

24 1113(c)(2) to determine the number of children

25 from low-income families in participating school
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1 attendance areas who attend private schools;

2 and

3 ‘‘(G) how and when the agency will make

4 decisions about the delivery of services to such

5 children, including a thorough consideration

6 and analysis of the views of the private school

7 officials on the provision of contract services

8 through potential third party providers.

9 If the local educational agency disagrees with the

10 views of the private school officials on the provision

11 of services, through a contract, the local educational

12 agency shall provide in writing to such private school

13 officials, an analysis of the reasons why the local

14 educational agency has chosen not to use a con15 tractor.

16 ‘‘(2) TIMING.—Such consultation shall include

17 meetings of agency and private school officials and

18 shall occur before the local educational agency

19 makes any decision that affects the opportunities of

20 eligible private school children to participate in pro21 grams under this part. Such meetings shall continue

22 throughout implementation and assessment of serv23 ices provided under this section.

24 ‘‘(3) DISCUSSION.—Such consultation shall in25 clude a discussion of service delivery mechanisms a
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1 local educational agency can use to provide equitable

2 services to eligible private school children.

3 ‘‘(4) DOCUMENTATION.—Each local educational

4 agency shall maintain in its records and provide to

5 the State educational agency a written affirmation

6 signed by officials of each participating private

7 school that the consultation required by this section

8 has occurred.

9 ‘‘(5) COMPLIANCE.—Private school officials

10 shall have the right to appeal to the State as to

11 whether the consultation provided for in this section

12 was meaningful and timely, and that due consider13 ation was given to the views of private school offi14 cials. If the private school wishes to appeal, the basis

15 of the claim of noncompliance with this section by

16 a local educational agency shall be provided to the

17 State, and the local educational agency shall forward

18 the documentation provided in subsection (b)(4) to

19 the State.

20 ‘‘(c) PUBLIC CONTROL OF FUNDS.—

21 ‘‘(1) IN GENERAL.—The control of funds pro22 vided under this part, and title to materials, equip23 ment, and property purchased with such funds, shall

24 be in a public agency, and a public agency shall ad25 minister such funds and property.
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1 ‘‘(2) PROVISION OF SERVICES.—(A) The provi2 sion of services under this section shall be

3 provided—

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

5 ‘‘(ii) through contract by such public agen6 cy with an individual, association, agency, or or7 ganization.

8 ‘‘(B) In the provision of such services, such em9 ployee, person, association, agency, or organization

10 shall be independent of such private school and of

11 any religious organization, and such employment or

12 contract shall be under the control and supervision

13 of such public agency.

14 ‘‘(d) STANDARDS FOR A BYPASS.—If a local edu15 cational agency is prohibited by law from providing for

16 the participation on an equitable basis of eligible children

17 enrolled in private elementary and secondary schools or

18 if the Secretary determines that a local educational agency

19 has substantially failed or is unwilling to provide for such

20 participation, as required by this section, the Secretary

21 shall—

22 ‘‘(1) waive the requirements of this section for

23 such local educational agency;

24 ‘‘(2) arrange for the provision of services to

25 such children through arrangements that shall be
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1 subject to the requirements of this section and sec2 tions 8505 and 8506; and

3 ‘‘(3) in making the determination, consider one

4 or more factors, including the quality, size, scope,

5 and location of the program and the opportunity of

6 eligible children to participate.

7 ‘‘(e) CAPITAL EXPENSES.—

8 ‘‘(1) IN GENERAL.—(A) From the amount ap9 propriated for this subsection under section 1002(g)

10 for any fiscal year, each State is eligible to receive

11 an amount that bears the same ratio to the amount

12 so appropriated as the number of private school chil13 dren who received services under this part in the

14 State in the most recent year for which data satis15 factory to the Secretary are available bears to the

16 number of such children in all States in that same

17 year.

18 ‘‘(B) The Secretary shall reallocate any

19 amounts allocated under subparagraph (A) that are

20 not used by a State for the purpose of this sub21 section to other States on the basis of their respec22 tive needs, as determined by the Secretary.

23 ‘‘(2) CAPITAL EXPENSES.—(A) A local edu24 cational agency may apply to the State educational
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1 agency for payments for capital expenses consistent

2 with this subsection.

3 ‘‘(B) State educational agencies shall distribute

4 such funds under this subsection to local educational

5 agencies based on the degree of need set forth in

6 their respective applications for assistance under this

7 subsection.

8 ‘‘(3) USES OF FUNDS.—Any funds appropriated

9 to carry out this subsection shall be used only for

10 capital expenses incurred to provide equitable serv11 ices for private school children under this section.

12 ‘‘SEC. 1120A. FISCAL REQUIREMENTS.

13 ‘‘(a) MAINTENANCE OF EFFORT.—A local edu14 cational agency may receive funds under this part for any

15 fiscal year only if the State educational agency finds that

16 the local educational agency has maintained its fiscal ef17 fort in accordance with section 8501 of this Act.

18 ‘‘(b) FEDERAL FUNDS TO SUPPLEMENT, NOT SUP19 PLANT, NON-FEDERAL FUNDS.—

20 ‘‘(1) IN GENERAL.—A State or local edu21 cational agency shall use funds received under this

22 part only to supplement the amount of funds that

23 would, in the absence of such Federal funds, be

24 made available from non-Federal sources for the

25 education of pupils participating in programs as-
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1 sisted under this part, and not to supplant such

2 funds.

3 ‘‘(2) SPECIAL RULE.—No local educational

4 agency shall be required to provide services under

5 this part through a particular instructional method

6 or in a particular instructional setting in order to

7 demonstrate such agency’s compliance with para8 graph (1).

9 ‘‘(c) COMPARABILITY OF SERVICES.—

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

11 paragraphs (4) and (5), a local educational agency

12 may receive funds under this part only if State and

13 local funds will be used in schools served under this

14 part to provide services that, taken as a whole, are

15 at least comparable to services in schools that are

16 not receiving funds under this part.

17 ‘‘(B) If the local educational agency is serving

18 all of such agency’s schools under this part, such

19 agency may receive funds under this part only if

20 such agency will use State and local funds to provide

21 services that, taken as a whole, are substantially

22 comparable in each school.

23 ‘‘(C) A local educational agency may meet the

24 requirements of subparagraphs (A) and (B) on a
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1 grade-span by grade-span basis or a school-by-school

2 basis.

3 ‘‘(2) WRITTEN ASSURANCE.—(A) A local edu4 cational agency shall be considered to have met the

5 requirements of paragraph (1) if such agency has

6 filed with the State educational agency a written as7 surance that such agency has established and

8 implemented—

9 ‘‘(i) a local educational agency-wide salary

10 schedule;

11 ‘‘(ii) a policy to ensure equivalence among

12 schools in teachers, administrators, and other

13 staff; and

14 ‘‘(iii) a policy to ensure equivalence among

15 schools in the provision of curriculum materials

16 and instructional supplies.

17 ‘‘(B) For the purpose of subparagraph (A), in

18 the determination of expenditures per pupil from

19 State and local funds, or instructional salaries per

20 pupil from State and local funds, staff salary dif21 ferentials for years of employment shall not be in22 cluded in such determinations.

23 ‘‘(C) A local educational agency need not in24 clude unpredictable changes in student enrollment or

25 personnel assignments that occur after the beginning
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1 of a school year in determining comparability of

2 services under this subsection.

3 ‘‘(3) PROCEDURES AND RECORDS.—Each local

4 educational agency assisted under this part shall—

5 ‘‘(A) develop procedures for compliance

6 with this subsection; and

7 ‘‘(B) maintain records that are updated bi8 ennially documenting such agency’s compliance

9 with this subsection.

10 ‘‘(4) INAPPLICABILITY.—This subsection shall

11 not apply to a local educational agency that does not

12 have more than one building for each grade span.

13 ‘‘(5) COMPLIANCE.—For the purpose of deter14 mining compliance with paragraph (1), a local edu15 cational agency may exclude State and local funds

16 expended for—

17 ‘‘(A) English language instruction for chil18 dren of limited English proficiency; and

19 ‘‘(B) excess costs of providing services to

20 children with disabilities as determined by the

21 local educational agency.

22 ‘‘(d) EXCLUSION OF FUNDS.—For the purpose of

23 complying with subsections (b) and (c), a State or local

24 educational agency may exclude supplemental State or

25 local funds expended in any school attendance area or
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1 school for programs that meet the intent and purposes of

2 this part.

3 ‘‘SEC. 1120B. COORDINATION REQUIREMENTS.

4 ‘‘(a) IN GENERAL.—Each local educational agency

5 receiving assistance under this part shall carry out the ac6 tivities described in subsection (b) with Head Start Agen7 cies, and if feasible, other early childhood development

8 programs such as Early Reading First.

9 ‘‘(b) ACTIVITIES.—The activities referred to in sub10 section (a) are activities that increase coordination be11 tween the local educational agency and a Head Start agen12 cy, and, if feasible, other early childhood development pro13 grams, such as Early Reading First serving children who

14 will attend the schools of such agency, including—

15 ‘‘(1) developing and implementing a systematic

16 procedure for receiving records regarding such chil17 dren transferred with parental consent from a Head

18 Start program or, where applicable, other early

19 childhood development programs such as Early

20 Reading First;

21 ‘‘(2) establishing channels of communication be22 tween school staff and their counterparts in such

23 Head Start agencies (including teachers, social

24 workers, and health staff) or other early childhood

25 development programs such as Early Reading First,
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1 as appropriate, to facilitate coordination of pro2 grams;

3 ‘‘(3) conducting meetings involving parents,

4 kindergarten or elementary school teachers, and

5 Head Start teachers or, if appropriate, teachers

6 from other early childhood development programs

7 such as Early Reading First, to discuss the develop8 mental and other needs of individual children;

9 ‘‘(4) organizing and participating in joint tran10 sition related training of school staff, Head Start

11 staff, Early Reading First staff and, where appro12 priate, other early childhood staff; and

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

14 such local educational agency with the services pro15 vided in local Head Start agencies and Early Read16 ing First programs.

17 ‘‘(c) COORDINATION OF REGULATIONS.—The Sec18 retary shall work with the Secretary of Health and Human

19 Services to coordinate regulations promulgated under this

20 part with regulations promulgated under the Head Start

21 Act.
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1 ‘‘Subpart 2—Allocations

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

3 SECRETARY OF THE INTERIOR.

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

5 appropriated for payments to States for any fiscal year

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

7 of 1 percent to provide assistance to—

8 ‘‘(1) the outlying areas in the amount deter9 mined in accordance with subsection (b); and

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

11 necessary to make payments pursuant to subsection

12 (d).

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

14 ‘‘(1) FUNDS RESERVED.—From the amount

15 made available for any fiscal year under subsection

16 (a), the Secretary shall award grants to the outlying

17 areas.

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

19 years 2002 and 2003, the Secretary shall carry out

20 the competition described in paragraph (3), except

21 that the amount reserved to carry out such competi22 tion shall not exceed the amount reserved under this

23 section for the freely associated states for fiscal year

24 1999.

25 ‘‘(3) LIMITATION FOR COMPETITIVE GRANTS.—
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1 ‘‘(A) COMPETITIVE GRANTS.—The Sec2 retary shall use funds described in paragraph

3 (2) to award grants, on a competitive basis, to

4 the outlying areas and freely associated States

5 to carry out the purposes of this part.

6 ‘‘(B) AWARD BASIS.—The Secretary shall

7 award grants under subparagraph (A) on a

8 competitive basis, pursuant to the recommenda9 tions of the Pacific Region Educational Labora10 tory in Honolulu, Hawaii.

11 ‘‘(C) ADMINISTRATIVE COSTS.—The Sec12 retary may provide not more than 5 percent of

13 the amount reserved for grants under this para14 graph to pay the administrative costs of the Pa15 cific Region Educational Laboratory under sub16 paragraph (B).

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

18 Law 95–134, permitting the consolidation of grants

19 by the outlying areas, shall not apply to funds pro20 vided to the freely associated States under this sec21 tion.

22 ‘‘(c) DEFINITIONS.—For the purposes of subsections

23 (a) and (b)—
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1 ‘‘(1) the term ‘freely associated States’ means

2 the Republic of the Marshall Islands, the Federated

3 States of Micronesia, and the Republic of Palau; and

4 ‘‘(2) the term ‘outlying area’ means the United

5 States Virgin Islands, Guam, American Samoa, and

6 the Commonwealth of the Northern Mariana Is7 lands.

8 ‘‘(d) ALLOTMENT TO THE SECRETARY OF THE INTE9 RIOR.—

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

11 payments to the Secretary of the Interior under sub12 section (a)(2) for any fiscal year shall be, as deter13 mined pursuant to criteria established by the Sec14 retary, the amount necessary to meet the special

15 educational needs of—

16 ‘‘(A) Indian children on reservations served

17 by elementary and secondary schools for Indian

18 children operated or supported by the Depart19 ment of the Interior; and

20 ‘‘(B) out-of-State Indian children in ele21 mentary and secondary schools in local edu22 cational agencies under special contracts with

23 the Department of the Interior.

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

25 for payments to the Secretary of the Interior under
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1 subsection (a)(2), the Secretary of the Interior shall

2 make payments to local educational agencies, upon

3 such terms as the Secretary determines will best

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

5 out-of-State Indian children described in paragraph

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

7 for each such child, the greater of—

8 ‘‘(A) 40 percent of the average per-pupil

9 expenditure in the State in which the agency is

10 located; or

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

12 United States.

13 ‘‘SEC. 1122. AMOUNTS FOR BASIC GRANTS, CONCENTRA14 TION GRANTS, AND TARGETED GRANTS.

15 ‘‘(a) ALLOCATION FORMULA.—Of the amount appro16 priated to carry out this part for each of fiscal years 2002

17 through 2006 (referred to in this subsection as the current

18 fiscal year)—

19 ‘‘(1) an amount equal to the amount appro20 priated to carry out section 1124 for fiscal year

21 2001 shall be allocated in accordance with section

22 1124;

23 ‘‘(2) an amount equal to the amount appro24 priated to carry out section 1124A for fiscal year
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1 2001 shall be allocated in accordance with section

2 1124A; and

3 ‘‘(3) an amount equal to 100 percent of the

4 amount, if any, by which the amount appropriated

5 under section 1002(a) for the current fiscal year ex6 ceeds the amount appropriated under such section

7 for fiscal year 2001 shall be allocated in accordance

8 with section 1125.

9 ‘‘(b) ADJUSTMENTS WHERE NECESSITATED BY AP10 PROPRIATIONS.—

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

12 this part for any fiscal year are insufficient to pay

13 the full amounts that all local educational agencies

14 in States are eligible to receive under sections 1124,

15 1124A, and 1125 for such year, the Secretary shall

16 ratably reduce the allocations to such local edu17 cational agencies, subject to subsections (c) and (d)

18 of this section.

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

20 become available for making payments under sec21 tions 1124, 1124A, and 1125 for such fiscal year,

22 allocations that were reduced under paragraph (1)

23 shall be increased on the same basis as they were re24 duced.

25 ‘‘(c) HOLD-HARMLESS AMOUNTS.—
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1 ‘‘(1) AMOUNTS FOR SECTIONS 1124 AND 1125.—

2 For each fiscal year, the amount made available to

3 each local educational agency under each of sections

4 1124 and 1125 shall be—

5 ‘‘(A) not less than 95 percent of the

6 amount made available in the preceding fiscal

7 year if the number of children counted for

8 grants under section 1124 is not less than 30

9 percent of the total number of children aged 5

10 to 17 years, inclusive, in the local educational

11 agency;

12 ‘‘(B) not less than 90 percent of the

13 amount made available in the preceding fiscal

14 year if the percentage described in subpara15 graph (A) is between 15 percent and 30 per16 cent; and

17 ‘‘(C) not less than 85 percent of the

18 amount made available in the preceding fiscal

19 year if the percentage described in subpara20 graph (A) is below 15 percent.

21 ‘‘(2) AMOUNT FOR SECTION 1124A.—The

22 amount made available to each local educational

23 agency under section 1124A shall be not less than

24 85 percent of the amount made available in the pre25 ceding fiscal year.
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1 ‘‘(3) PAYMENTS.—If sufficient funds are appro2 priated, the amounts described in paragraph (2)

3 shall be paid to all local educational agencies that

4 received grants under section 1124A for the pre5 ceding fiscal year, regardless of whether the local

6 educational agency meets the minimum eligibility

7 criteria for that fiscal year provided in section

8 1124A(a)(1)(A) except that a local educational agen9 cy that does not meet such minimum eligibility cri10 teria for 4 consecutive years shall no longer be eligi11 ble to receive a hold harmless amount referred to in

12 paragraph (2).

13 ‘‘(4) POPULATION DATA.—In any fiscal year for

14 which the Secretary calculates grants on the basis of

15 population data for counties, the Secretary shall

16 apply the hold harmless percentages in paragraphs

17 (1) and (2) to counties, and if the Secretary’s alloca18 tion for a county is not sufficient to meet the hold19 harmless requirements of this subsection for every

20 local educational agency within that county, the

21 State educational agency shall reallocate funds pro22 portionately from all other local educational agencies

23 in the State that are receiving funds in excess of the

24 hold harmless amounts specified in this subsection.

25 ‘‘(d) RATABLE REDUCTIONS.—
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1 ‘‘(1) IN GENERAL.—If the sums made available

2 under this part for any fiscal year are insufficient to

3 pay the full amounts that all States are eligible to

4 receive under subsection (c) for such year, the Sec5 retary shall ratably reduce such amounts for such

6 year.

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

8 become available for making payments under sub9 section (c) for such fiscal year, amounts that were

10 reduced under paragraph (1) shall be increased on

11 the same basis as such amounts were reduced.

12 ‘‘(e) DEFINITION.—For the purpose of this section

13 and sections 1124, 1124A, and 1125, the term ‘State’

14 means each of the 50 States, the District of Columbia,

15 and the Commonwealth of Puerto Rico.

16 ‘‘SEC. 1124. BASIC GRANTS TO LOCAL EDUCATIONAL AGEN17 CIES.

18 ‘‘(a) AMOUNT OF GRANTS.—

19 ‘‘(1) GRANTS FOR LOCAL EDUCATIONAL AGEN20 CIES AND PUERTO RICO.—Except as provided in

21 paragraph (4) and in section 1126, the grant that

22 a local educational agency is eligible to receive under

23 this section for a fiscal year is the amount deter24 mined by multiplying—
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1 ‘‘(A) the number of children counted under

2 subsection (c); and

3 ‘‘(B) 40 percent of the average per-pupil

4 expenditure in the State, except that the

5 amount determined under this subparagraph

6 shall not be less than 32 percent or more than

7 48 percent, of the average per-pupil expenditure

8 in the United States.

9 ‘‘(2) CALCULATION OF GRANTS.—

10 ‘‘(A) ALLOCATIONS TO LOCAL EDU11 CATIONAL AGENCIES.—The Secretary shall cal12 culate grants under this section on the basis of

13 the number of children counted under sub14 section (c) for local educational agencies, unless

15 the Secretary and the Secretary of Commerce

16 determine that some or all of those data are un17 reliable or that their use would be otherwise in18 appropriate, in which case—

19 ‘‘(i) the two Secretaries shall publicly

20 disclose the reasons for their determination

21 in detail; and

22 ‘‘(ii) paragraph (3) shall apply.

23 ‘‘(B) ALLOCATIONS TO LARGE AND SMALL

24 LOCAL EDUCATIONAL AGENCIES.—(i) For any

25 fiscal year in which this paragraph applies, the
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1 Secretary shall calculate grants under this sec2 tion for each local educational agency.

3 ‘‘(ii) The amount of a grant under this

4 section for each large local educational agency

5 shall be the amount determined under clause

6 (i).

7 ‘‘(iii) For small local educational agencies,

8 the State educational agency may either—

9 ‘‘(I) distribute grants under this sec10 tion in amounts determined by the Sec11 retary under clause (i); or

12 ‘‘(II) use an alternative method ap13 proved by the Secretary to distribute the

14 portion of the State’s total grants under

15 this section that is based on those small

16 agencies.

17 ‘‘(iv) An alternative method under clause

18 (iii)(II) shall be based on population data that

19 the State educational agency determines best

20 reflect the current distribution of children in

21 poor families among the State’s small local edu22 cational agencies that meet the eligibility cri23 teria of subsection (b).

24 ‘‘(v) If a small local educational agency is

25 dissatisfied with the determination of its grant
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1 by the State educational agency under clause

2 (iii)(II), it may appeal that determination to the

3 Secretary, who shall respond not later than 45

4 days after receipt of such appeal.

5 ‘‘(vi) As used in this subparagraph—

6 ‘‘(I) the term ‘large local educational

7 agency’ means a local educational agency

8 serving an area with a total population of

9 20,000 or more; and

10 ‘‘(II) the term ‘small local educational

11 agency’ means a local educational agency

12 serving an area with a total population of

13 less than 20,000.

14 ‘‘(3) ALLOCATIONS TO COUNTIES.—

15 ‘‘(A) CALCULATION.—For any fiscal year

16 to which this paragraph applies, the Secretary

17 shall calculate grants under this section on the

18 basis of the number of children counted under

19 section 1124(c) for counties, and State edu20 cational agencies shall suballocate county

21 amounts to local educational agencies, in ac22 cordance with regulations issued by the Sec23 retary.

24 ‘‘(B) DIRECT ALLOCATIONS.—In any State

25 in which a large number of local educational
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1 agencies overlap county boundaries, or for

2 which the State believes it has data that would

3 better target funds than allocating them by

4 county, the State educational agency may apply

5 to the Secretary for authority to make the allo6 cations under this part for a particular fiscal

7 year directly to local educational agencies with8 out regard to counties.

9 ‘‘(C) ASSURANCES.—If the Secretary ap10 proves the State educational agency’s applica11 tion under subparagraph (B), the State edu12 cational agency shall provide the Secretary an

13 assurance that such allocations shall be made—

14 ‘‘(i) using precisely the same factors

15 for determining a grant as are used under

16 this part; or

17 ‘‘(ii) using data that the State edu18 cational agency submits to the Secretary

19 for approval that more accurately target

20 poverty.

21 ‘‘(D) APPEAL.—The State educational

22 agency shall provide the Secretary an assurance

23 that it shall establish a procedure through

24 which a local educational agency that is dissat25 isfied with its determinations under subpara-
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1 graph (B) may appeal directly to the Secretary

2 for a final determination.

3 ‘‘(4) PUERTO RICO.—

4 ‘‘(A) IN GENERAL.—For each fiscal year,

5 the grant which the Commonwealth of Puerto

6 Rico shall be eligible to receive under this sec7 tion shall be the amount determined by multi8 plying the number of children counted under

9 subsection (c) for the Commonwealth of Puerto

10 Rico by the product of—

11 ‘‘(i) the percentage which the average

12 per-pupil expenditure in the Common13 wealth of Puerto Rico is of the lowest aver14 age per-pupil expenditure of any of the 50

15 States; and

16 ‘‘(ii) 32 percent of the average per17 pupil expenditure in the United States.

18 ‘‘(B) MINIMUM PERCENTAGE.—The per19 centage in subparagraph (A)(i) shall not be less

20 than—

21 ‘‘(i) for fiscal year 2002, 77.5 percent;

22 ‘‘(ii) for fiscal year 2003, 80.0 per23 cent;

24 ‘‘(iii) for fiscal year 2004, 82.5 per25 cent; and
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1 ‘‘(iv) for fiscal year 2005 and suc2 ceeding fiscal years, 85.0 percent.

3 ‘‘(C) LIMITATION.—If the application of

4 subparagraph (B) would result in any of the 50

5 States or the District of Columbia receiving less

6 under this part than it received under this part

7 for the preceding fiscal year, the percentage in

8 subparagraph (A) shall be the greater of the

9 percentage in subparagraph (A)(i) or the per10 centage used for the preceding fiscal year.

11 ‘‘(5) DEFINITION.—For purposes of this sub12 section, the term ‘State’ does not include Guam,

13 American Samoa, the Virgin Islands, and the North14 ern Mariana Islands.

15 ‘‘(b) MINIMUM NUMBER OF CHILDREN TO QUAL16 IFY.—A local educational agency is eligible for a basic

17 grant under this section for any fiscal year only if the

18 number of children counted under subsection (c) for that

19 agency is both—

20 ‘‘(1) 10 or more; and

21 ‘‘(2) more than 2 percent of the total school-age

22 population in the agency’s jurisdiction.

23 ‘‘(c) CHILDREN TO BE COUNTED.—
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1 ‘‘(1) CATEGORIES OF CHILDREN.—The number

2 of children to be counted for purposes of this section

3 is the aggregate of—

4 ‘‘(A) the number of children aged 5 to 17,

5 inclusive, in the school district of the local edu6 cational agency from families below the poverty

7 level as determined under paragraph (2);

8 ‘‘(B) the number of children (determined

9 under paragraph (4) for either the preceding

10 year as described in that paragraph, or for the

11 second preceding year, as the Secretary finds

12 appropriate) aged 5 to 17, inclusive, in the

13 school district of such agency in institutions for

14 neglected and delinquent children (other than

15 such institutions operated by the United

16 States), but not counted pursuant to subpart 1

17 of part D for the purposes of a grant to a State

18 agency, or being supported in foster homes with

19 public funds; and

20 ‘‘(C) the number of children aged 5 to 17,

21 inclusive, in the school district of such agency

22 from families above the poverty level as deter23 mined under paragraph (4).

24 ‘‘(2) DETERMINATION OF NUMBER OF CHIL25 DREN.—For the purposes of this section, the Sec-
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1 retary shall determine the number of children aged

2 5 to 17, inclusive, from families below the poverty

3 level on the basis of the most recent satisfactory

4 data, described in paragraph (3), available from the

5 Department of Commerce. The District of Columbia

6 and the Commonwealth of Puerto Rico shall be

7 treated as individual local educational agencies. If a

8 local educational agency contains two or more coun9 ties in their entirety, then each county will be treat10 ed as if such county were a separate local edu11 cational agency for purposes of calculating grants

12 under this part. The total of grants for such coun13 ties shall be allocated to such a local educational

14 agency, which local educational agency shall dis15 tribute to schools in each county within such agency

16 a share of the local educational agency’s total grant

17 that is no less than the county’s share of the popu18 lation counts used to calculate the local educational

19 agency’s grant.

20 ‘‘(3) POPULATION UPDATES.—In fiscal year

21 2001 and every 2 years thereafter, the Secretary

22 shall use updated data on the number of children,

23 aged 5 to 17, inclusive, from families below the pov24 erty level for local educational agencies or counties,

25 published by the Department of Commerce, unless
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1 the Secretary and the Secretary of Commerce deter2 mine that use of the updated population data would

3 be inappropriate or unreliable. If the Secretary and

4 the Secretary of Commerce determine that some or

5 all of the data referred to in this paragraph are in6 appropriate or unreliable, they shall publicly disclose

7 their reasons. In determining the families which are

8 below the poverty level, the Secretary shall utilize

9 the criteria of poverty used by the Bureau of the

10 Census in compiling the most recent decennial cen11 sus, in such form as those criteria have been up12 dated by increases in the Consumer Price Index for

13 all urban consumers, published by the Bureau of

14 Labor Statistics.

15 ‘‘(4) OTHER CHILDREN TO BE COUNTED.—For

16 the purposes of this section, the Secretary shall de17 termine the number of children aged 5 to 17, inclu18 sive, from families above the poverty level on the

19 basis of the number of such children from families

20 receiving an annual income, in excess of the current

21 criteria of poverty, from payments under a State

22 program funded under part A of title IV of the So23 cial Security Act; and in making such determina24 tions the Secretary shall utilize the criteria of pov25 erty used by the Bureau of the Census in compiling
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1 the most recent decennial census for a family of 4

2 in such form as those criteria have been updated by

3 increases in the Consumer Price Index for all urban

4 consumers, published by the Bureau of Labor Statis5 tics. The Secretary shall determine the number of

6 such children and the number of children aged 5

7 through 17 living in institutions for neglected or de8 linquent children, or being supported in foster homes

9 with public funds, on the basis of the caseload data

10 for the month of October of the preceding fiscal year

11 (using, in the case of children described in the pre12 ceding sentence, the criteria of poverty and the form

13 of such criteria required by such sentence which

14 were determined for the calendar year preceding

15 such month of October) or, to the extent that such

16 data are not available to the Secretary before Janu17 ary of the calendar year in which the Secretary’s de18 termination is made, then on the basis of the most

19 recent reliable data available to the Secretary at the

20 time of such determination. The Secretary of Health

21 and Human Services shall collect and transmit the

22 information required by this subparagraph to the

23 Secretary not later than January 1 of each year.

24 For the purpose of this section, the Secretary shall

25 consider all children who are in correctional institu-
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1 tions to be living in institutions for delinquent chil2 dren.

3 ‘‘(5) ESTIMATE.—When requested by the Sec4 retary, the Secretary of Commerce shall make a spe5 cial updated estimate of the number of children of

6 such ages who are from families below the poverty

7 level (as determined under subparagraph (A) of this

8 paragraph) in each school district, and the Secretary

9 is authorized to pay (either in advance or by way of

10 reimbursement) the Secretary of Commerce the cost

11 of making this special estimate. The Secretary of

12 Commerce shall give consideration to any request of

13 the chief executive of a State for the collection of ad14 ditional census information.

15 ‘‘(d) STATE MINIMUM.—Notwithstanding section

16 1122, the aggregate amount allotted for all local edu17 cational agencies within a State may not be less than the

18 lesser of—

19 ‘‘(1) 0.25 percent of total grants under this sec20 tion; or

21 ‘‘(2) the average of—

22 ‘‘(A) one-quarter of 1 percent of the total

23 amount available for such fiscal year under this

24 section; and
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1 ‘‘(B) the number of children in such State

2 counted under subsection (c) in the fiscal year

3 multiplied by 150 percent of the national aver4 age per-pupil payment made with funds avail5 able under this section for that year.

6 ‘‘SEC. 1124A. CONCENTRATION GRANTS TO LOCAL EDU7 CATIONAL AGENCIES.

8 ‘‘(a) ELIGIBILITY FOR AND AMOUNT OF GRANTS.—

9 ‘‘(1) IN GENERAL.—(A) Except as otherwise

10 provided in this paragraph, each local educational

11 agency, in a State other than Guam, American

12 Samoa, the Virgin Islands, and the Commonwealth

13 of the Northern Mariana Islands, which is eligible

14 for a grant under section 1124 for any fiscal year

15 is eligible for an additional grant under this section

16 for that fiscal year if the number of children counted

17 under section 1124(c) in the agency exceeds either—

18 ‘‘(i) 6,500; or

19 ‘‘(ii) 15 percent of the total number of

20 children aged 5 through 17 in the agency.

21 ‘‘(B) Notwithstanding section 1122, no State

22 described in subparagraph (A) shall receive less than

23 the lesser of—

24 ‘‘(i) 0.25 percent of total grants; or

25 ‘‘(ii) the average of—
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1 ‘‘(I) one-quarter of 1 percent of the

2 sums available to carry out this section for

3 such fiscal year; and

4 ‘‘(II) the greater of—

5 ‘‘(aa) $340,000; or

6 ‘‘(bb) the number of children in

7 such State counted for purposes of

8 this section in that fiscal year multi9 plied by 150 percent of the national

10 average per-pupil payment made with

11 funds available under this section for

12 that year.

13 ‘‘(2) SPECIAL RULE.—For each county or local

14 educational agency eligible to receive an additional

15 grant under this section for any fiscal year the Sec16 retary shall determine the product of—

17 ‘‘(A) the number of children counted under

18 section 1124(c) for that fiscal year; and

19 ‘‘(B) the quotient resulting from the divi20 sion of the amount determined for those agen21 cies under section 1124(a)(1) for the fiscal year

22 for which the determination is being made di23 vided by the total number of children counted

24 under section 1124(c) for that agency for that

25 fiscal year.
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1 ‘‘(3) AMOUNT.—The amount of the additional

2 grant for which an eligible local educational agency

3 or county is eligible under this section for any fiscal

4 year shall be an amount which bears the same ratio

5 to the amount available to carry out this section for

6 that fiscal year as the product determined under

7 paragraph (2) for such local educational agency for

8 that fiscal year bears to the sum of such products

9 for all local educational agencies in the United

10 States for that fiscal year.

11 ‘‘(4) LOCAL ALLOCATIONS.—(A) Grant

12 amounts under this section shall be determined in

13 accordance with section 1124(a)(2) and (3).

14 ‘‘(B) For any fiscal year for which the Sec15 retary allocates funds under this section on the basis

16 of counties, a State may reserve not more than 2

17 percent of its allocation under this section to make

18 grants to local educational agencies that meet the

19 criteria of paragraph (1)(A)(i) or (ii) and are in in20 eligible counties that do not meet these criteria.

21 ‘‘(b) STATES RECEIVING MINIMUM GRANTS.—In

22 States that receive the minimum grant under subsection

23 (a)(1)(B), the State educational agency shall allocate such

24 funds among the local educational agencies in each State

25 either—
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1 ‘‘(1) in accordance with paragraphs (2) and (4)

2 of subsection (a); or

3 ‘‘(2) based on their respective concentrations

4 and numbers of children counted under section

5 1124(c), except that only those local educational

6 agencies with concentrations or numbers of children

7 counted under section 1124(c) that exceed the state8 wide average percentage of such children or the

9 statewide average number of such children shall re10 ceive any funds on the basis of this paragraph.

11 ‘‘SEC. 1125. TARGETED GRANTS TO LOCAL EDUCATIONAL

12 AGENCIES.

13 ‘‘(a) ELIGIBILITY OF LOCAL EDUCATIONAL AGEN14 CIES.—A local educational agency in a State is eligible to

15 receive a targeted grant under this section for any fiscal

16 year if the number of children in the local educational

17 agency counted under subsection 1124(c), before applica18 tion of the weighting factor described in subsection (c),

19 is at least 10, and if the number of children counted for

20 grants under section 1124 is at least 5 percent of the total

21 population aged 5 to 17 years, inclusive, in the local edu22 cational agency. For each fiscal year for which the Sec23 retary uses county population data to calculate grants,

24 funds made available as a result of applying this sub25 section shall be reallocated by the State educational agen-
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1 cy to other eligible local educational agencies in the State

2 in proportion to the distribution of other funds under this

3 section.

4 ‘‘(b) GRANTS FOR LOCAL EDUCATIONAL AGENCIES,

5 THE DISTRICT OF COLUMBIA, AND PUERTO RICO.—

6 ‘‘(1) IN GENERAL.—The amount of the grant

7 that a local educational agency in a State or that the

8 District of Columbia is eligible to receive under this

9 section for any fiscal year shall be the product of—

10 ‘‘(A) the weighted child count determined

11 under subsection (c); and

12 ‘‘(B) the amount in paragraph

13 1124(a)(1)(B).

14 ‘‘(2) PUERTO RICO.—For each fiscal year, the

15 amount of the grant for which the Commonwealth of

16 Puerto Rico is eligible under this section shall be

17 equal to the number of children counted under sub18 section (c) for Puerto Rico, multiplied by the

19 amount determined in subparagraph 1124(a)(4).

20 ‘‘(c) WEIGHTED CHILD COUNT.—

21 ‘‘(1) WEIGHTS FOR ALLOCATIONS TO COUN22 TIES.—

23 ‘‘(A) IN GENERAL.—For each fiscal year

24 for which the Secretary uses county population

25 data to calculate grants, the weighted child
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1 count used to determine a county’s allocation

2 under this section is the larger of the 2

3 amounts determined under clause (i) or (ii), as

4 follows:

5 ‘‘(i) BY PERCENTAGE OF CHIL6 DREN.—This amount is determined by

7 adding—

8 ‘‘(I) the number of children de9 termined under section 1124(c) for

10 that county constituting up to 15 per11 cent, inclusive, of the county’s total

12 population aged 5 to 17, inclusive,

13 multiplied by 1.0;

14 ‘‘(II) the number of such children

15 constituting more than 15 percent,

16 but not more than 19 percent, of such

17 population, multiplied by 1.75;

18 ‘‘(III) the number of such chil19 dren constituting more than 19 per20 cent, but not more than 24.20 per21 cent, of such population, multiplied by

22 2.5;

23 ‘‘(IV) the number of such chil24 dren constituting more than 24.20

25 percent, but not more than 29.20 per-
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1 cent, of such population, multiplied by

2 3.25; and

3 ‘‘(V) the number of such children

4 constituting more than 29.20 percent

5 of such population, multiplied by 4.0.

6 ‘‘(ii) BY NUMBER OF CHILDREN.—

7 This amount is determined by adding—

8 ‘‘(I) the number of children de9 termined under section 1124(c) con10 stituting up to 2,311, inclusive, of the

11 county’s total population aged 5 to

12 17, inclusive, multiplied by 1.0;

13 ‘‘(II) the number of such children

14 between 2,312 and 7,913, inclusive, in

15 such population, multiplied by 1.5;

16 ‘‘(III) the number of such chil17 dren between 7,914 and 23,917, inclu18 sive, in such population, multiplied by

19 2.0;

20 ‘‘(IV) the number of such chil21 dren between 23,918 and 93,810, in22 clusive, in such population, multiplied

23 by 2.5; and
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1 ‘‘(V) the number of such children

2 in excess of 93,811 in such popu3 lation, multiplied by 3.0.

4 ‘‘(B) PUERTO RICO.—Notwithstanding

5 subparagraph (A), the weighted child count for

6 Puerto Rico under this paragraph shall not be

7 greater than the total number of children

8 counted under subsection 1124(c) multiplied by

9 1.72.

10 ‘‘(2) WEIGHTS FOR ALLOCATIONS TO LOCAL

11 EDUCATIONAL AGENCIES.—

12 ‘‘(A) IN GENERAL.—For each fiscal year

13 for which the Secretary uses local educational

14 agency data, the weighted child count used to

15 determine a local educational agency’s grant

16 under this section is the larger of the 2

17 amounts determined under clauses (i) and (ii),

18 as follows:

19 ‘‘(i) BY PERCENTAGE OF CHIL20 DREN.—This amount is determined by

21 adding—

22 ‘‘(I) the number of children de23 termined under section 1124(c) for

24 that local educational agency consti25 tuting up to 15.233 percent, inclusive,
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1 of the agency’s total population aged

2 5 to 17, inclusive, multiplied by 1.0;

3 ‘‘(II) the number of such children

4 constituting more than 15.233 per5 cent, but not more than 22.706 per6 cent, of such population, multiplied by

7 1.75;

8 ‘‘(III) the number of such chil9 dren constituting more than 22.706

10 percent, but not more than 32.213

11 percent, of such population, multiplied

12 by 2.5;

13 ‘‘(IV) the number of such chil14 dren constituting more than 32.213

15 percent, but not more than 41.452

16 percent, of such population, multiplied

17 by 3.25; and

18 ‘‘(V) the number of such children

19 constituting more than 41.452 percent

20 of such population, multiplied by 4.0.

21 ‘‘(ii) BY NUMBER OF CHILDREN.—

22 This amount is determined by adding—

23 ‘‘(I) the number of children de24 termined under section 1124(c) con25 stituting up to 710, inclusive, of the
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1 agency’s total population aged 5 to

2 17, inclusive, multiplied by 1.0;

3 ‘‘(II) the number of such children

4 between 711 and 2,384, inclusive, in

5 such population, multiplied by 1.5;

6 ‘‘(III) the number of such chil7 dren between 2,385 and 9,645, inclu8 sive, in such population, multiplied by

9 2.0;

10 ‘‘(IV) the number of such chil11 dren between 9,646 and 54,600, inclu12 sive, in such population, multiplied by

13 2.5; and

14 ‘‘(V) the number of such children

15 in excess of 54,601 in such popu16 lation, multiplied by 3.0.

17 ‘‘(B) PUERTO RICO.—Notwithstanding

18 subparagraph (A), the weighted child count for

19 Puerto Rico under this paragraph shall not be

20 greater than the total number of children

21 counted under section 1124(c) multiplied by

22 1.72.

23 ‘‘(d) CALCULATION OF GRANT AMOUNTS.—Grants

24 under this section shall be calculated in accordance with

25 section 1124(a)(2) and (3).
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1 ‘‘(e) STATE MINIMUM.—Notwithstanding any other

2 provision of this section or section 1122, from the total

3 amount available for any fiscal year to carry out this sec4 tion, each State shall be allotted at least the lesser of—

5 ‘‘(1) 0.25 percent of total appropriations; or

6 ‘‘(2) the average of—

7 ‘‘(A) one-quarter of 1 percent of the total

8 amount available to carry out this section; and

9 ‘‘(B) 150 percent of the national average

10 grant under this section per child described in

11 section 1124(c), without application of a

12 weighting factor, multiplied by the State’s total

13 number of children described in section

14 1124(c), without application of a weighting fac15 tor.

16 ‘‘SEC. 1126. SPECIAL ALLOCATION PROCEDURES.

17 ‘‘(a) ALLOCATIONS FOR NEGLECTED CHILDREN.—

18 ‘‘(1) IN GENERAL.—If a State educational

19 agency determines that a local educational agency in

20 the State is unable or unwilling to provide for the

21 special educational needs of children who are living

22 in institutions for neglected children as described in

23 subparagraph (B) of section 1124(c)(1), the State

24 educational agency shall, if such agency assumes re25 sponsibility for the special educational needs of such
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1 children, receive the portion of such local educational

2 agency’s allocation under sections 1124, 1124A, and

3 1125 that is attributable to such children.

4 ‘‘(2) SPECIAL RULE.—If the State educational

5 agency does not assume such responsibility, any

6 other State or local public agency that does assume

7 such responsibility shall receive that portion of the

8 local educational agency’s allocation.

9 ‘‘(b) ALLOCATIONS AMONG LOCAL EDUCATIONAL

10 AGENCIES.—The State educational agency may allocate

11 the amounts of grants under sections 1124, 1124A, and

12 1125 among the affected local educational agencies—

13 ‘‘(1) if two or more local educational agencies

14 serve, in whole or in part, the same geographical

15 area;

16 ‘‘(2) if a local educational agency provides free

17 public education for children who reside in the

18 school district of another local educational agency;

19 or

20 ‘‘(3) to reflect the merger, creation, or change

21 of boundaries of one or more local educational agen22 cies.

23 ‘‘(c) REALLOCATION.—If a State educational agency

24 determines that the amount of a grant a local educational

25 agency would receive under sections 1124, 1124A, and
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1 1125 is more than such local agency will use, the State

2 educational agency shall make the excess amount available

3 to other local educational agencies in the State that need

4 additional funds in accordance with criteria established by

5 the State educational agency.

6 ‘‘SEC. 1127. CARRYOVER AND WAIVER.

7 ‘‘(a) LIMITATION ON CARRYOVER.—Notwithstanding

8 section 421 of the General Education Provisions Act or

9 any other provision of law, not more than 15 percent of

10 the funds allocated to a local educational agency for any

11 fiscal year under this subpart (but not including funds re12 ceived through any reallocation under this subpart) may

13 remain available for obligation by such agency for 1 addi14 tional fiscal year.

15 ‘‘(b) WAIVER.—A State educational agency may,

16 once every 3 years, waive the percentage limitation in sub17 section (a) if—

18 ‘‘(1) the agency determines that the request of

19 a local educational agency is reasonable and nec20 essary; or

21 ‘‘(2) supplemental appropriations for this sub22 part become available.

23 ‘‘(c) EXCLUSION.—The percentage limitation under

24 subsection (a) shall not apply to any local educational
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1 agency that receives less than $50,000 under this subpart

2 for any fiscal year.

3 ‘‘SEC. 1128. SECULAR, NEUTRAL, AND NONIDEOLOGICAL.

4 ‘‘Any school that receives funds under this part shall

5 ensure that educational services or other benefits provided

6 under this part, including materials and equipment, shall

7 be secular, neutral, and nonideological.’’.

8 PART B—STUDENT READING SKILLS

9 IMPROVEMENT GRANTS

10 SEC. 111. READING FIRST; EARLY READING FIRST.

11 Part B of title I (20 U.S.C. 6361 et seq.) is

12 amended—

13 (1) by striking the part heading and inserting

14 the following:

15 ‘‘PART B—STUDENT READING SKILLS

16 IMPROVEMENT GRANTS’’;

17 (2) by redesignating sections 1201 through

18 1212 as sections 1231 through 1242, respectively;

19 and

20 (3) by inserting after the part heading the fol21 lowing:

22 ‘‘Subpart 1—Reading First

23 ‘‘SEC. 1201. FINDINGS.

24 ‘‘The Congress finds as follows:
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1 ‘‘(1) The 2000 National Assessment of Edu2 cational Progress found that 68 percent of fourth

3 grade students in the United States are reading

4 below the proficient level.

5 ‘‘(2) According to the 2000 National Assess6 ment of Educational Progress report on reading, 63

7 percent of African Americans, 58 percent of His8 panic Americans, 60 percent of children living in

9 poverty, and 47 percent of children in urban schools

10 scored ‘below basic’ in reading.

‘‘(3) More than 1 11 ⁄2 of the students placed in

12 special education classes are identified as learning

13 disabled and, for as many as 80 percent of the stu14 dents so identified, reading is the primary difficulty.

15 ‘‘(4) It is estimated that, at a minimum,

16 10,000,000 children have difficulty learning to read.

17 10 to 15 percent of those children eventually drop

18 out of high school, and only 2 percent complete a 4-

19 year program at an institution of higher education.

20 ‘‘(5) It is estimated that the number of children

21 who are typically identified as poor readers can be

22 significantly reduced through the implementation of

23 early identification and prevention programs that

24 are based on scientifically based reading research.
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1 ‘‘(6) The report issued by the National Reading

2 Panel in 2000 found that the course of reading in3 struction that obtains maximum benefits for stu4 dents includes explicit and systematic instruction in

5 phonemic awareness, phonics, vocabulary develop6 ment, reading fluency, and reading comprehension

7 strategies.

8 ‘‘SEC. 1202. PURPOSES.

9 ‘‘The purposes of this subpart are as follows:

10 ‘‘(1) To provide assistance to States and local

11 educational agencies in establishing reading pro12 grams for students in grades kindergarten through

13 3 that are based on scientifically based reading re14 search, in order to ensure that every student can

15 read at grade level or above not later than the end

16 of the third grade.

17 ‘‘(2) To provide assistance to States and local

18 educational agencies in preparing teachers, including

19 special education teachers, through professional de20 velopment and other support, so the teachers can

21 identify specific reading barriers facing their stu22 dents and so the teachers have the tools to effec23 tively help their students learn to read.

24 ‘‘(3) To provide assistance to States and local

25 educational agencies in selecting and administering
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1 rigorous diagnostic reading and screening assess2 ment tools that are valid and reliable, document the

3 effectiveness of this subpart in improving the read4 ing skills of students, and improve classroom in5 struction.

6 ‘‘(4) To provide assistance to States and local

7 educational agencies in selecting or developing effec8 tive classroom instructional materials, programs, and

9 strategies to implement scientific research-based

10 methods that have been proven to prevent or reme11 diate reading failure.

12 ‘‘(5) To strengthen coordination among schools

13 and early literacy programs in order to improve

14 reading achievement for all children.

15 ‘‘SEC. 1203. FORMULA GRANTS TO STATES.

16 ‘‘(a) IN GENERAL.—

17 ‘‘(1) AUTHORIZATION TO MAKE GRANTS.—In

18 the case of each State that in accordance with sec19 tion 1204 submits to the Secretary an application

20 for a 5-year period, the Secretary, subject to the ap21 plication’s approval, shall make a grant to the State

22 for the uses specified in subsections (c) and (d). For

23 each fiscal year, the funds provided under the grant

24 shall equal the allotment determined for the State

25 under subsection (b).
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1 ‘‘(2) DURATION OF GRANTS.—

2 ‘‘(A) IN GENERAL.—Subject to subpara3 graph (B), a grant under this section shall be

4 awarded for a period of not more than 5 years.

5 ‘‘(B) INTERIM REVIEW.—

6 ‘‘(i) PROGRESS REPORT.—

7 ‘‘(I) SUBMISSION.—Not later

8 than 60 days after the termination of

9 the third year of the grant period,

10 each State receiving a grant under

11 this section shall submit a progress

12 report to the Secretary.

13 ‘‘(II) INFORMATION IN14 CLUDED.—The progress report shall

15 include information on the progress

16 the State, and local educational agen17 cies within the State, are making in

18 reducing the number of students

19 served under this subpart in the first

20 and second grades who are reading

21 below grade level, as demonstrated by

22 such information as teacher reports

23 and school evaluations of mastery of

24 the essential components of reading

25 instruction. The report shall also in-
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1 clude evidence from the State and its

2 local educational agencies that they

3 have significantly increased the num4 ber of students reading at grade level

5 or above, significantly increased the

6 percentages of students in ethnic, ra7 cial, and low-income populations who

8 are reading at grade level or above,

9 and successfully implemented this

10 subpart.

11 ‘‘(ii) PEER REVIEW.—The progress

12 report described in clause (i) shall be re13 viewed by the peer review panel convened

14 under section 1204(c)(2).

15 ‘‘(iii) CONSEQUENCES OF INSUFFI16 CIENT PROGRESS.—After the submission of

17 the progress report described in clause (i),

18 if the Secretary determines that the State

19 is not making significant progress in meet20 ing the purposes of this subpart, the Sec21 retary may withhold from the State, in

22 whole or in part, further payments under

23 this section in accordance with section 455

24 of the General Education Provisions Act

25 (20 U.S.C. 1234d) or take such other ac-
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1 tion authorized by law as the Secretary

2 deems necessary, including providing tech3 nical assistance upon request of the State.

4 ‘‘(b) DETERMINATION OF AMOUNT OF ALLOT5 MENTS.—

6 ‘‘(1) RESERVATIONS FROM APPROPRIATIONS.—

7 From the total amount made available under section

8 1002(b)(1) to carry out this subpart for a fiscal

9 year, the Secretary—

‘‘(A) shall reserve 1 10 ⁄2 of 1 percent for allot11 ments for the Virgin Islands, Guam, American

12 Samoa, and the Commonwealth of the Northern

13 Mariana Islands, to be distributed among these

14 outlying areas on the basis of their relative

15 need, as determined by the Secretary in accord16 ance with the purposes of this subpart;

‘‘(B) shall reserve 1 17 ⁄2 of 1 percent for the

18 Secretary of the Interior for programs under

19 this subpart in schools operated or funded by

20 the Bureau of Indian Affairs;

21 ‘‘(C) shall reserve not more than 3 percent

22 or $30,000,000, whichever is less, to carry out

23 section 1206;

24 ‘‘(D) may reserve not more than 1 percent

25 to carry out section 1207; and
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1 ‘‘(E) shall reserve $5,000,000 to carry out

2 section 1208.

3 ‘‘(2) STATE ALLOTMENTS.—From the total

4 amount made available under section 1002(b)(1) to

5 carry out this subpart for a fiscal year and not re6 served under paragraph (1), the Secretary shall allot

7 80 percent under this section among each of the 50

8 States, the District of Columbia, and the Common9 wealth of Puerto Rico.

10 ‘‘(3) DETERMINATION OF STATE ALLOTMENT

11 AMOUNTS.—

12 ‘‘(A) IN GENERAL.—Subject to subpara13 graph (B), the Secretary shall allot the amount

14 made available under paragraph (2) for a fiscal

15 year among the States described in such para16 graph in proportion to the number of children,

17 aged 5 to 17, who reside within the State from

18 families with incomes below the poverty line (as

19 defined by the Office of Management and

20 Budget and revised annually in accordance with

21 section 673(2) of the Community Services

22 Block Grant Act (42 U.S.C. 9902(2)) applica23 ble to a family of the size involved for the most

24 recent fiscal year for which satisfactory data

25 are available, compared to the number of such
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1 individuals who reside in all such States for

2 that fiscal year.

3 ‘‘(B) EXCEPTIONS.—

4 ‘‘(i) IN GENERAL.—Subject to clause

5 (ii), no State receiving an allotment under

subparagraph (A) may receive less than 1 6 ⁄4

7 of 1 percent of the total amount allotted

8 under such subparagraph.

9 ‘‘(ii) PUERTO RICO.—The percentage

10 of the amount allotted under subparagraph

11 (A) that is allotted to the Commonwealth

12 of Puerto Rico for a fiscal year may not

13 exceed the percentage that was received by

14 the Commonwealth of Puerto Rico of the

15 funds allocated to all States under subpart

16 2 of part A for the preceding fiscal year.

17 ‘‘(4) REALLOTMENT.—If a State described in

18 paragraph (2) does not apply for an allotment under

19 this section for any fiscal year, or if the State’s ap20 plication is not approved, the Secretary shall reallot

21 such amount to the remaining States in accordance

22 with paragraph (3).

23 ‘‘(c) SUBGRANTS TO LOCAL EDUCATIONAL AGEN24 CIES.—
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1 ‘‘(1) DISTRIBUTION OF SUBGRANTS.—The Sec2 retary may make a grant to a State under this sec3 tion only if the State agrees to expend at least 80

4 percent of the amount of the funds provided under

5 the grant for the purpose of making, in accordance

6 with this subsection, competitive subgrants to local

7 educational agencies.

8 ‘‘(2) NOTICE.—A State receiving a grant under

9 this section shall provide notice to all local edu10 cational agencies in the State of the availability of

11 competitive subgrants under this subsection and of

12 the requirements for applying for the subgrants.

13 ‘‘(3) LOCAL APPLICATIONS.—To be eligible to

14 receive a subgrant under this subsection, a local edu15 cational agency shall submit an application to the

16 State at such time, in such manner, and containing

17 such information as the State may reasonably re18 quire.

19 ‘‘(4) LIMITATION TO CERTAIN LOCAL AGEN20 CIES.—A State receiving a grant under this section

21 may award subgrants under this subsection only to

22 local educational agencies—

23 ‘‘(A) that have the highest percentages of

24 students in grades kindergarten through 3

25 reading below grade level; and
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1 ‘‘(B) that—

2 ‘‘(i) have jurisdiction over—

3 ‘‘(I) a geographic area that in4 cludes an area designated as an em5 powerment zone, or an enterprise

6 community, under part I of sub7 chapter U of chapter 1 of the Internal

8 Revenue Code of 1986; or

9 ‘‘(II) a significant number of

10 schools that are identified for school

11 improvement under section 1116(b);

12 or

13 ‘‘(ii) are located in areas having the

14 greatest numbers or percentages of chil15 dren aged 5 through 17 from low-income

16 families.

17 ‘‘(5) STATE REQUIREMENT.—In distributing

18 subgrant funds to local educational agencies under

19 this subsection, a State shall provide funds in suffi20 cient size and scope to enable local educational agen21 cies to improve reading instruction, as determined

22 by rigorous diagnostic reading and screening assess23 ment tools.

24 ‘‘(6) LIMITATION TO CERTAIN SCHOOLS.—In

25 distributing subgrant funds under this subsection, a
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1 local educational agency may provide funds only to

2 schools—

3 ‘‘(A) that have the highest percentages of

4 students in grades kindergarten through 3

5 reading below grade level; and

6 ‘‘(B) that—

7 ‘‘(i) are identified for school improve8 ment under section 1116(b); or

9 ‘‘(ii) have the greatest numbers or

10 percentages of children aged 5 through 17

11 from low-income families.

12 ‘‘(7) LOCAL USES OF FUNDS.—

13 ‘‘(A) REQUIRED USES.—Subject to para14 graph (8), a local educational agency that re15 ceives a subgrant under this subsection shall

16 use the funds provided under the subgrant to

17 carry out the following activities:

18 ‘‘(i) Selecting and administering rig19 orous diagnostic reading and screening as20 sessment tools.

21 ‘‘(ii) Selecting and implementing a

22 program or programs of classroom reading

23 instruction based on scientifically based

24 reading research that—
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1 ‘‘(I) includes the essential compo2 nents of reading instruction; and

3 ‘‘(II) provides such instruction to

4 all children, including children who—

5 ‘‘(aa) may have reading dif6 ficulties;

7 ‘‘(bb) are at risk of being re8 ferred to special education based

9 on these difficulties;

10 ‘‘(cc) have been evaluated

11 under section 614 of the Individ12 uals with Disabilities Education

13 Act but, in accordance with sec14 tion 614(b)(5) of such Act, have

15 not been identified as being a

16 child with a disability (as defined

17 in section 602 of such Act);

18 ‘‘(dd) are being served under

19 such Act primarily due to being

20 identified as being a child with a

21 specific learning disability (as de22 fined in section 602 of such Act)

23 related to reading;

24 ‘‘(ee) are deficient in their

25 phonemic awareness, phonics
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1 skills, vocabulary development,

2 oral reading fluency, or com3 prehension strategies; or

4 ‘‘(ff) are identified as having

5 limited English proficiency.

6 ‘‘(iii) Procuring classroom instruc7 tional materials based on scientifically

8 based reading research.

9 ‘‘(iv) Providing professional develop10 ment for teachers of grades kindergarten

11 through 3, and special education teachers

12 of grades kindergarten through 12, that—

13 ‘‘(I) will prepare these teachers

14 in all of the essential components of

15 reading instruction;

16 ‘‘(II) shall include—

17 ‘‘(aa) information, instruc18 tional materials, programs, strat19 egies, and approaches based on

20 scientifically based reading re21 search, including early interven22 tion and classroom reading mate23 rials and remedial programs and

24 approaches; and
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1 ‘‘(bb) instruction in the use

2 of rigorous diagnostic reading

3 and screening assessment tools

4 and other procedures that effec5 tively identify students who may

6 be at risk for reading failure or

7 who are having difficulty reading;

8 ‘‘(III) shall be provided by eligi9 ble professional development pro10 viders; and

11 ‘‘(IV) will assist teachers in be12 coming fully qualified in accordance

13 with the requirements of section 1119.

14 ‘‘(B) OPTIONAL USES.—Subject to para15 graph (8), a local educational agency that re16 ceives a subgrant under this subsection may use

17 the funds provided under the subgrant to carry

18 out the following activities:

19 ‘‘(i) Providing training to parents and

20 other individuals who volunteer to be read21 ing tutors in the essential components of

22 reading instruction.

23 ‘‘(ii) Providing family literacy serv24 ices, especially to parents enrolled in par25 ticipating schools, through the use of li-
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1 brary materials and reading programs,

2 strategies, and approaches that are based

3 on scientifically based reading research, to

4 encourage reading and support their chil5 dren’s reading development.

6 ‘‘(8) LOCAL PLANNING AND ADMINISTRA7 TION.—A local educational agency that receives a

8 subgrant under this subsection may use not more

9 than 2 percent of the funds provided under the

10 subgrant for planning and administration.

11 ‘‘(d) OTHER STATE USES OF FUNDS.—

12 ‘‘(1) PROFESSIONAL DEVELOPMENT.—

13 ‘‘(A) IN GENERAL.—A State that receives

14 a grant under this section may expend not more

15 than 15 percent of the amount of the funds

16 provided under the grant—

17 ‘‘(i) to develop and implement a pro18 gram of in-service professional development

19 for teachers of kindergarten through third

20 grade, and special education teachers of

21 grades kindergarten through 12, that—

22 ‘‘(I) will prepare these teachers

23 in all of the essential components of

24 reading instruction;

25 ‘‘(II) shall include—
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1 ‘‘(aa) information on inter2 ventions, instructional materials,

3 programs, and approaches based

4 on scientifically based reading re5 search, including early interven6 tion and reading remediation ma7 terials, programs, and ap8 proaches; and

9 ‘‘(bb) instruction in the use

10 of rigorous diagnostic reading

11 and screening assessment tools

12 and other procedures to improve

13 instruction and effectively iden14 tify students who may be at risk

15 for reading failure or who are

16 having difficulty reading; and

17 ‘‘(III) shall be provided by eligi18 ble professional development pro19 viders;

20 ‘‘(ii) to strengthen and enhance pro21 fessional development courses for students

22 preparing, at all public institutions of high23 er education in the State, to teach kinder24 garten through third grades by—
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1 ‘‘(I) reviewing such courses to de2 termine whether their content is con3 sistent with the findings of the most

4 current scientifically based reading re5 search, including findings on the es6 sential components of reading instruc7 tion;

8 ‘‘(II) following up such reviews

9 with recommendations to ensure that

10 such institutions offer courses that

11 meet the highest standards; and

12 ‘‘(III) preparing a report on the

13 results of such reviews, submitting it

14 to the reading and literacy partner15 ship for the State established under

16 section 1204(d), and making it avail17 able for public review via the Internet;

18 and

19 ‘‘(iii) to make recommendations on

20 how the State’s licensure and certification

21 standards in the area of reading might be

22 improved.

23 ‘‘(B) FUNDS NOT USED FOR PROFES24 SIONAL DEVELOPMENT.—Any portion of the

25 funds described in subparagraph (A) that a
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1 State does not expend in accordance with such

2 subparagraph shall be expended for the purpose

3 of making subgrants in accordance with sub4 section (c).

5 ‘‘(2) OTHER STATE-LEVEL ACTIVITIES.—A

6 State that receives a grant under this section may

7 expend not more than 3 percent of the amount of

8 the funds provided under the grant for one or more

9 of the following authorized State activities:

10 ‘‘(A) Assisting local educational agencies in

11 accomplishing the tasks required to design and

12 implement a classroom reading program under

13 this subpart, including—

14 ‘‘(i) selecting and implementing a pro15 gram or programs of classroom reading in16 struction based on scientifically based

17 reading research;

18 ‘‘(ii) selecting rigorous diagnostic

19 reading and screening assessment tools;

20 and

21 ‘‘(iii) identifying eligible professional

22 development providers to help prepare

23 reading teachers to teach students using

24 the programs and assessments described in

25 clauses (i) and (ii);
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1 ‘‘(B) Providing to students in kindergarten

2 through third grades, through appropriate pro3 viders, reading instruction that includes—

4 ‘‘(i) rigorous diagnostic reading and

5 screening assessment tools; and

6 ‘‘(ii) as need is indicated by such as7 sessments, instruction based on scientif8 ically based reading research that includes

9 the essential components of reading in10 struction.

11 ‘‘(3) PLANNING, ADMINISTRATION, AND RE12 PORTING.—

13 ‘‘(A) IN GENERAL.—A State that receives

14 a grant under this section shall expend not

15 more than 2 percent of the amount of the funds

16 provided under the grant for the activities de17 scribed in this paragraph.

18 ‘‘(B) PLANNING AND ADMINISTRATION.—A

19 State that receives a grant under this section

20 may expend funds described in subparagraph

21 (A) for—

22 ‘‘(i) planning and administration re23 lating to the State uses of funds author24 ized under this subpart, including admin25 istering the distribution of competitive sub-
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1 grants to local educational agencies under

2 this section and section 1205; and

3 ‘‘(ii) assessing and evaluating, on a

4 regular basis, local educational agency ac5 tivities assisted under this subpart, with

6 respect to whether they have been effective

7 in increasing the number of children in

8 first and second grades served under this

9 subpart who can read at or above grade

10 level.

11 ‘‘(C) ANNUAL REPORTING.—

12 ‘‘(i) IN GENERAL.—A State that re13 ceives a grant under this section shall ex14 pend funds provided under the grant to

15 provide the Secretary annually with a re16 port on the implementation of this subpart.

17 The report shall include evidence that the

18 State is fulfilling its obligations under this

19 subpart. The report shall include a specific

20 identification of those schools and local

21 educational agencies that report the largest

22 gains in reading achievement.

23 ‘‘(ii) PRIVACY PROTECTION.—Data in

24 the report shall be set forth in a manner

25 that protects the privacy of individuals.
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1 ‘‘(iii) CONTRACT.—To the extent

2 practicable, a State shall enter into a con3 tract with an entity that conducts scientif4 ically based reading research, under which

5 contract the entity will produce the reports

6 required to be submitted under this sub7 paragraph.

8 ‘‘SEC. 1204. STATE FORMULA GRANT APPLICATIONS.

9 ‘‘(a) IN GENERAL.—A State that desires to receive

10 a grant under section 1203 shall submit an application

11 to the Secretary at such time and in such form as the

12 Secretary may require. The application shall contain the

13 information described in subsection (b).

14 ‘‘(b) CONTENTS.—An application under this section

15 shall contain the following:

16 ‘‘(1) An assurance that the Governor of the

17 State, in consultation with the State educational

18 agency, has established a reading and literacy part19 nership described in subsection (d), and a descrip20 tion of how such partnership—

21 ‘‘(A) coordinated the development of the

22 application; and

23 ‘‘(B) will assist in the oversight and eval24 uation of the State’s activities under this sub25 part.
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1 ‘‘(2) An assurance that the State will submit to

2 the Secretary, at such time and in such manner as

3 the Secretary may reasonably require, a State plan

4 containing a description of a process—

5 ‘‘(A) to evaluate programs carried out by

6 local educational agencies under this subpart;

7 ‘‘(B) to assist local educational agencies in

8 identifying rigorous diagnostic reading and

9 screening assessment tools; and

10 ‘‘(C) to assist local educational agencies in

11 identifying interventions, and instructional ma12 terials, programs and approaches, based on sci13 entifically based reading research, including

14 early intervention and classroom reading mate15 rials and remedial programs and approaches.

16 ‘‘(3) An assurance that the State, and local

17 educational agencies in the State, will participate in

18 all national evaluations under this subpart.

19 ‘‘(c) APPROVAL OF APPLICATIONS.—

20 ‘‘(1) IN GENERAL.—The Secretary, in consulta21 tion with the peer review panel convened under para22 graph (2), shall approve an application of a State

23 under this section if such application meets the re24 quirements of this section.

25 ‘‘(2) PEER REVIEW.—
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1 ‘‘(A) IN GENERAL.—The Secretary, in con2 sultation with the National Institute for Lit3 eracy, shall convene a panel to evaluate applica4 tions under this section. At a minimum, the

5 panel shall include—

6 ‘‘(i) three individuals selected by the

7 Secretary;

8 ‘‘(ii) three individuals selected by the

9 National Institute for Literacy;

10 ‘‘(iii) three individuals selected by the

11 National Research Council of the National

12 Academy of Sciences; and

13 ‘‘(iv) three individuals selected by the

14 National Institute of Child Health and

15 Human Development.

16 ‘‘(B) EXPERTS.—The panel shall include

17 experts who are competent, by virtue of their

18 training, expertise, or experience, to evaluate

19 applications under this section, and experts who

20 provide professional development to teachers of

21 reading to children and adults, and experts who

22 provide professional development to other in23 structional staff, based on scientifically based

24 reading research.
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1 ‘‘(C) RECOMMENDATIONS.—The panel

2 shall recommend grant applications from States

3 under this section to the Secretary for funding

4 or for disapproval.

5 ‘‘(d) READING AND LITERACY PARTNERSHIPS.—

6 ‘‘(1) IN GENERAL.—In order for a State to re7 ceive a grant under section 1203, the Governor of

8 the State, in consultation with the State educational

9 agency, shall establish a reading and literacy part10 nership.

11 ‘‘(2) REQUIRED PARTICIPANTS.—The reading

12 and literacy partnership shall include the following

13 participants:

14 ‘‘(A) The Governor of the State.

15 ‘‘(B) The chief State school officer.

16 ‘‘(C) The chairman and the ranking mem17 ber of each committee of the State legislature

18 that is responsible for education policy.

19 ‘‘(D) A representative, selected jointly by

20 the Governor and the chief State school officer,

21 of at least one local educational agency that is

22 eligible to receive a subgrant under section

23 1203.

24 ‘‘(E) A representative, selected jointly by

25 the Governor and the chief State school officer,
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1 of a community-based organization working

2 with children to improve their reading skills,

3 particularly a community-based organization

4 using tutors and scientifically based reading re5 search.

6 ‘‘(F) State directors of appropriate Federal

7 or State programs with a strong reading com8 ponent.

9 ‘‘(G) A parent of a public or private school

10 student or a parent who educates their child or

11 children in their home, selected jointly by the

12 Governor and the chief State school officer.

13 ‘‘(H) A teacher, who may be a special edu14 cation teacher, who successfully teaches reading

15 and an instructional staff member, selected

16 jointly by the Governor and the chief State

17 school officer.

18 ‘‘(I) A family literacy service provider se19 lected jointly by the Governor and the chief

20 state school officer.

21 ‘‘(3) OPTIONAL PARTICIPANTS.—The reading

22 and literacy partnership may include additional par23 ticipants, who shall be selected jointly by the Gov24 ernor and the chief State school officer, and who

25 may include a representative of—
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1 ‘‘(A) an institution of higher education op2 erating a program of teacher preparation based

3 on scientifically based reading research in the

4 State;

5 ‘‘(B) a local educational agency;

6 ‘‘(C) a private nonprofit or for-profit eligi7 ble professional development provider providing

8 instruction based on scientifically based reading

9 research;

10 ‘‘(D) an adult education provider;

11 ‘‘(E) a volunteer organization that is in12 volved in reading programs; or

13 ‘‘(F) a school library or a public library

14 that offers reading or literacy programs for

15 children or families.

16 ‘‘SEC. 1205. DISCRETIONARY GRANTS TO STATES.

17 ‘‘(a) IN GENERAL.—In the case of a State that, in

18 accordance with sections 1203 and 1204, has received ap19 proval of an application for a 5-year formula grant, the

20 Secretary may make additional 2-year discretionary

21 grants to the State for the use specified in (d). For each

22 fiscal year, the funds provided under the discretionary

23 grant shall equal the allotment determined for the State

24 under subsection (b).
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1 ‘‘(b) DETERMINATION OF AMOUNT OF ALLOT2 MENTS.—From the total amount made available under

3 section 1002(b)(1) to carry out this subpart for a fiscal

4 year and not reserved under paragraph (1), the Secretary,

5 upon the recommendation of the peer review panel con6 vened under section 1204(c)(2), shall allot 20 percent

7 under this section among the States described in sub8 section (a)—

9 ‘‘(1) for fiscal years 2002 and 2003, based

10 upon a determination of such States’ relative likeli11 hood of effectively implementing a program under

12 this subpart; and

13 ‘‘(2) for fiscal year 2004 and subsequent fiscal

14 years, based upon such States’ applications under

15 subsection (c).

16 ‘‘(c) STATE DISCRETIONARY GRANT APPLICA17 TIONS.—

18 ‘‘(1) IN GENERAL.—A State that desires to re19 ceive a grant under this section for a grant period

20 that includes any fiscal year after fiscal year 2003

21 shall submit the information described in paragraph

22 (3) to the Secretary at such time and in such form

23 as the Secretary may require.

24 ‘‘(2) PEER REVIEW.—The peer review panel

25 convened under section 1204(c)(2) shall review the
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1 information submitted under this subsection. The

2 panel shall recommend such applications to the Sec3 retary for funding or for disapproval.

4 ‘‘(3) INFORMATION.—The information de5 scribed in this paragraph is the following:

6 ‘‘(A) An assurance that the State will

7 award competitive subgrants to local edu8 cational agencies consistent with subsection

9 (d)(4).

10 ‘‘(B) An assurance that the State will en11 sure that local educational agencies that receive

12 a subgrant under subsection (d) use the funds

13 provided under the subgrant in accordance with

14 subsection (d)(5).

15 ‘‘(C) Evidence that the State has increased

16 significantly the percentage of students reading

17 at grade level or above.

18 ‘‘(D) Evidence that the State has been suc19 cessful in increasing the percentage of students

20 in ethnic, racial, and low-income populations

21 who are reading at grade level or above.

22 ‘‘(E) Any additional evidence that dem23 onstrates success in the implementation of this

24 subpart.
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1 ‘‘(d) SUBGRANTS TO LOCAL EDUCATIONAL AGEN2 CIES.—

3 ‘‘(1) IN GENERAL.—The Secretary may make a

4 grant to a State under this section only if the State

5 agrees to expend 100 percent of the amount of the

6 funds provided under the grant for the purpose of

7 making competitive subgrants in accordance with

8 this subsection to local educational agencies.

9 ‘‘(2) NOTICE.—A State receiving a grant under

10 this section shall provide notice to all local edu11 cational agencies in the State of the availability of

12 competitive subgrants under this subsection and of

13 the requirements for applying for the subgrants.

14 ‘‘(3) APPLICATION.—To be eligible to receive a

15 subgrant under this subsection, a local educational

16 agency shall submit an application to the State at

17 such time, in such manner, and containing such in18 formation as the State may reasonably require.

19 ‘‘(4) DISTRIBUTION.—

20 ‘‘(A) IN GENERAL.—A State shall dis21 tribute subgrants under this section through a

22 competitive process based on relative need and

23 the evidence described in this paragraph.

24 ‘‘(B) EVIDENCE USED IN ALL YEARS.—

25 For all fiscal years, a State shall distribute sub-
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1 grants under this section based on evidence that

2 a local educational agency—

3 ‘‘(i) satisfies the requirements of sec4 tion 1203(c)(4);

5 ‘‘(ii) will carry out its obligations

6 under this subpart, particularly paragraph

7 (5); and

8 ‘‘(iii) will work with other local edu9 cational agencies in the State that have

10 not received a subgrant under this sub11 section to assist such non-receiving agen12 cies in increasing the reading achievement

13 of students.

14 ‘‘(C) EVIDENCE USED IN FISCAL YEARS

15 AFTER 2003.—For fiscal year 2004 and subse16 quent fiscal years, a State shall distribute sub17 grants under this section based on the evidence

18 described in subparagraph (B) and, in addition,

19 evidence that a local educational agency—

20 ‘‘(i) has significantly increased the

21 percentage of all students reading at grade

22 level or above;

23 ‘‘(ii) has significantly increased the

24 percentage of students in ethnic, racial,
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1 and low-income populations who are read2 ing at grade level or above; and

3 ‘‘(iii) has demonstrated success in the

4 implementation of this subpart.

5 ‘‘(5) LOCAL USES OF FUNDS.—A local edu6 cational agency that receives a subgrant under this

7 subsection—

8 ‘‘(A) shall use the funds provided under

9 the subgrant to carry out the activities de10 scribed in section 1203(c)(7)(A); and

11 ‘‘(B) may use such funds to carry out the

12 activities described in section 1203(c)(7)(B).

13 ‘‘(e) DEFINITION.—For purposes of this section, the

14 term ‘State’ means each of the 50 States, the District of

15 Columbia, and the Commonwealth of Puerto Rico.

16 ‘‘SEC. 1206. EXTERNAL EVALUATION.

17 ‘‘(a) IN GENERAL.—From funds reserved under sec18 tion 1203(b)(1)(C), the Secretary shall contract with an

19 independent outside organization for a 5-year, rigorous,

20 scientifically valid, quantitative evaluation of this subpart.

21 ‘‘(b) PROCESS.—Such evaluation shall be conducted

22 by an organization outside of the Department that is capa23 ble of designing and carrying out an independent evalua24 tion that identifies the effects of specific activities carried

25 out by States and local educational agencies under this
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1 subpart on improving reading instruction. Such evaluation

2 shall use only data relating to students served under this

3 subpart and shall take into account factors influencing

4 student performance that are not controlled by teachers

5 or education administrators.

6 ‘‘(c) ANALYSIS.—Such evaluation shall include the

7 following:

8 ‘‘(1) An analysis of the relationship between

9 each of the essential components of reading instruc10 tion and overall reading proficiency.

11 ‘‘(2) An analysis of whether assessment tools

12 used by States and local educational agencies meas13 ure the essential components of reading instruction.

14 ‘‘(3) An analysis of how State reading stand15 ards correlate with the essential components of read16 ing instruction.

17 ‘‘(4) An analysis of whether the receipt of a dis18 cretionary grant under section 1205 results in an in19 crease in the number of children who read pro20 ficiently.

21 ‘‘(5) A measurement of the extent to which spe22 cific instructional materials improve reading pro23 ficiency.

24 ‘‘(6) A measurement of the extent to which spe25 cific rigorous diagnostic reading and screening as-
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1 sessment tools assist teachers in identifying specific

2 reading deficiencies.

3 ‘‘(7) A measurement of the extent to which pro4 fessional development programs implemented by

5 States using funds received under this subpart im6 prove reading instruction.

7 ‘‘(8) A measurement of how well students pre8 paring to enter the teaching profession are prepared

9 to teach the essential components of reading instruc10 tion.

11 ‘‘(9) An analysis of changes in students’ inter12 est in reading and time spent reading outside of

13 school.

14 ‘‘(10) Any other analysis or measurement perti15 nent to this subpart that is determined to be appro16 priate by the Secretary.

17 ‘‘(d) PROGRAM IMPROVEMENT.—The findings of the

18 evaluation conducted under this section shall be provided

19 to States and local educational agencies on a periodic basis

20 for use in program improvement.

21 ‘‘SEC. 1207. NATIONAL ACTIVITIES.

22 ‘‘From funds reserved under section 1203(b)(1)(D),

23 the Secretary may provide technical assistance in achiev24 ing the purposes of this subpart to States, local edu25 cational agencies, and schools requesting such assistance.
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1 ‘‘SEC. 1208. INFORMATION DISSEMINATION.

2 ‘‘(a) IN GENERAL.—From funds reserved under sec3 tion 1203(b)(1)(E), the National Institute for Literacy, in

4 collaboration with the Secretary of Education, the Sec5 retary of Health and Human Services, and the Director

6 of the National Institute for Child Health and Human

7 Development—

8 ‘‘(1) shall disseminate information on scientif9 ically based reading research pertaining to children,

10 youth, and adults;

11 ‘‘(2) shall identify and disseminate information

12 about schools, local educational agencies, and States

13 that effectively developed and implemented class14 room reading programs that meet the requirements

15 of this subpart, including those effective States, local

16 educational agencies, and schools identified through

17 the evaluation and peer review provisions of this

18 subpart; and

19 ‘‘(3) shall support the continued identification

20 and dissemination of information on reading pro21 grams that contain the essential components of

22 reading instruction as supported by scientifically

23 based reading research, that can lead to improved

24 reading outcomes for children, youth, and adults.

25 ‘‘(b) DISSEMINATION.—
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1 ‘‘(1) IN GENERAL.—At a minimum, the Na2 tional Institute for Literacy shall disseminate such

3 information to—

4 ‘‘(A) recipients of Federal financial assist5 ance under part A of this title, part A of title

6 III, the Head Start Act, the Individuals with

7 Disabilities Education Act, and the Adult Edu8 cation and Family Literacy Act; and

9 ‘‘(B) each Bureau funded school (as de10 fined in section 1141(3) of the Education

11 Amendments of 1978).

12 ‘‘(2) USE OF EXISTING NETWORKS.—In car13 rying out this section, the National Institute for Lit14 eracy shall, to the extent practicable, utilize existing

15 information and dissemination networks developed

16 and maintained through other public and private en17 tities.

18 ‘‘SEC. 1209. DEFINITIONS.

19 ‘‘For purposes of this subpart:

20 ‘‘(1) ELIGIBLE PROFESSIONAL DEVELOPMENT

21 PROVIDER.—The term ‘eligible professional develop22 ment provider’ means a provider of professional de23 velopment in reading instruction to teachers, includ24 ing special education teachers, that is based on sci25 entifically based reading research.
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1 ‘‘(2) ESSENTIAL COMPONENTS OF READING IN2 STRUCTION.—The term ‘essential components of

3 reading instruction’ means explicit and systematic

4 instruction in—

5 ‘‘(A) phonemic awareness;

6 ‘‘(B) phonics;

7 ‘‘(C) vocabulary development;

8 ‘‘(D) oral reading fluency; and

9 ‘‘(E) reading comprehension strategies.

10 ‘‘(3) INSTRUCTIONAL STAFF.—The term ‘in11 structional staff’—

12 ‘‘(A) means individuals who have responsi13 bility for teaching children to read; and

14 ‘‘(B) includes principals, teachers, super15 visors of instruction, librarians, library school

16 media specialists, teachers of academic subjects

17 other than reading, and other individuals who

18 have responsibility for assisting children to

19 learn to read.

20 ‘‘(4) READING.—The term ‘reading’ means a

21 complex system of deriving meaning from print that

22 requires all of the following:

23 ‘‘(A) The skills and knowledge to under24 stand how phonemes, or speech sounds, are

25 connected to print.
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1 ‘‘(B) The ability to decode unfamiliar

2 words.

3 ‘‘(C) The ability to read fluently.

4 ‘‘(D) Sufficient background information

5 and vocabulary to foster reading comprehen6 sion.

7 ‘‘(E) The development of appropriate ac8 tive strategies to construct meaning from print.

9 ‘‘(F) The development and maintenance of

10 a motivation to read.

11 ‘‘(5) RIGOROUS DIAGNOSTIC READING AND

12 SCREENING ASSESSMENT TOOLS.—The term ‘rig13 orous diagnostic reading and screening assessment

14 tools’ means assessments that—

15 ‘‘(A) are valid, reliable, and based on sci16 entifically based reading research;

17 ‘‘(B) measure progress in developing pho18 nemic awareness and phonics skills, vocabulary,

19 reading fluency, and reading comprehension;

20 ‘‘(C) identify students who may be at risk

21 for reading failure or who are having difficulty

22 reading; and

23 ‘‘(D) are used to improve instruction.
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1 ‘‘(6) SCIENTIFICALLY BASED READING RE2 SEARCH.—The term ‘scientifically based reading

3 research’—

4 ‘‘(A) means the application of rigorous,

5 systematic, and objective procedures to obtain

6 valid knowledge relevant to reading develop7 ment, reading instruction, and reading difficul8 ties; and

9 ‘‘(B) shall include research that—

10 ‘‘(i) employs systematic, empirical

11 methods that draw on observation or ex12 periment;

13 ‘‘(ii) involves rigorous data analyses

14 that are adequate to test the stated

15 hypotheses and justify the general conclu16 sions drawn;

17 ‘‘(iii) relies on measurements or obser18 vational methods that provide valid data

19 across evaluators and observers and across

20 multiple measurements and observations;

21 and

22 ‘‘(iv) has been accepted by a peer-re23 viewed journal or approved by a panel of

24 independent experts through a comparably

25 rigorous, objective, and scientific review.
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1 ‘‘Subpart 2—Early Reading First

2 ‘‘SEC. 1221. PURPOSES.

3 ‘‘The purposes of this subpart are as follows:

4 ‘‘(1) To improve prereading skills in children

5 aged 3 through 5, particularly children from low-in6 come families, in high-quality oral language and lit7 erature-rich environments.

8 ‘‘(2) To provide professional development for

9 early childhood teachers that prepares them with sci10 entific research-based knowledge of early reading de11 velopment to assist in developing the children’s—

12 ‘‘(A) automatic recognition of the letters of

13 the alphabet and letter sounds;

14 ‘‘(B) understanding that spoken words are

15 made up of small segments of speech sounds

16 and that certain letters regularly represent such

17 speech sounds;

18 ‘‘(C) spoken vocabulary and oral com19 prehension abilities; and

20 ‘‘(D) understanding of semiotic concepts.

21 ‘‘(3) To use scientific research-based screening

22 tools or other appropriate measures to determine

23 whether preschool children are developing the skills

24 identified in this section.

25 ‘‘(4) To identify and provide scientific research26 based prereading language and literacy activities and
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1 instructional materials that can be used to assist in

2 the development of prereading skills in children.

3 ‘‘(5) To integrate such scientific research-based

4 instructional materials and literacy activities with

5 existing programs of preschools, child care agencies

6 and programs, and Head Start centers, and with

7 family literacy services.

8 ‘‘SEC. 1222. LOCAL EARLY READING FIRST GRANTS.

9 ‘‘(a) PROGRAM AUTHORIZED.—From amounts ap10 propriated under section 1002(b)(2), the Secretary shall

11 make awards, on a competitive basis and for periods of

12 not more than 5 years, to eligible applicants to enable such

13 applicants to carry out activities that are consistent with

14 the purposes of this subpart.

15 ‘‘(b) DEFINITION OF ELIGIBLE APPLICANT.—In this

16 subpart, the term ‘eligible applicant’ means—

17 ‘‘(1) a local educational agency;

18 ‘‘(2) one or more public or private organizations

19 or agencies, acting on behalf of one or more pro20 grams that serve children aged 3 through 5 (such as

21 a program at a child care agency or program or

22 Head Start center or a family literacy program),

23 which organizations or agencies shall be located in a

24 community served by a local educational agency; or
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1 ‘‘(3) one or more local educational agencies in

2 collaboration with one or more organizations or

3 agencies described in paragraph (2).

4 ‘‘(c) APPLICATIONS.—An eligible applicant that de5 sires to receive a grant under this subpart shall submit

6 an application to the Secretary, which shall include a de7 scription of—

8 ‘‘(1) the programs to be served by the proposed

9 project, including general demographic and socio10 economic information on the communities in which

11 the proposed project will be administered;

12 ‘‘(2) how the proposed project will enhance the

13 school readiness of children aged 3 through 5 in

14 high-quality oral language and literature-rich envi15 ronments;

16 ‘‘(3) how the proposed project will provide early

17 childhood teachers with scientific research-based

18 knowledge of early reading development and assist

19 such teachers in developing the children’s prereading

20 skills;

21 ‘‘(4) how the proposed project will provide serv22 ices and utilize instructional materials that are

23 based on scientifically based reading research on

24 early language acquisition, prereading activities, and

25 the development of spoken vocabulary skills;
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1 ‘‘(5) how the proposed project will integrate

2 such instructional materials and literacy activities

3 with existing preschool programs and family literacy

4 services;

5 ‘‘(6) how the proposed project will help staff in

6 the programs to meet the diverse needs of children

7 in the community, including children with limited

8 English proficiency and children with learning dis9 abilities;

10 ‘‘(7) how the proposed project will help chil11 dren, particularly children experiencing difficulty

12 with spoken language, prereading, and early reading

13 skills, to make the transition from preschool to for14 mal classroom instruction in school;

15 ‘‘(8) how the activities conducted under this

16 subpart will be coordinated with the eligible appli17 cant’s activities under subpart 1, if the applicant has

18 received a subgrant under such subpart, at the kin19 dergarten through third grade levels;

20 ‘‘(9) how the proposed project will evaluate the

21 success of the activities supported under this sub22 part in enhancing the early language and reading

23 development of children served by the project; and

24 ‘‘(10) such other information as the Secretary

25 may require.
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1 ‘‘(d) APPROVAL OF LOCAL APPLICATIONS.—The Sec2 retary shall select applicants for funding under this sub3 part based on the quality of the applications and the rec4 ommendations of the peer review panel convened under

5 section 1204(c)(2).

6 ‘‘(e) LOCAL USES OF FUNDS.—

7 ‘‘(1) REQUIRED ACTIVITIES.—An eligible appli8 cant that receives a grant under this subpart shall

9 use the funds provided under the grant to carry out

10 the following activities:

11 ‘‘(A) Providing children aged 3 through 5

12 with high-quality oral language and literature13 rich environments in which to acquire

14 prereading skills.

15 ‘‘(B) Providing professional development

16 for early childhood teachers that prepares them

17 with scientific research-based knowledge of

18 early reading development to assist in devel19 oping the children’s—

20 ‘‘(i) automatic recognition of the let21 ters of the alphabet and letter sounds;

22 ‘‘(ii) understanding that spoken words

23 are made up of small segments of speech

24 sounds and that certain letters regularly

25 represent such speech sounds;
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1 ‘‘(iii) spoken vocabulary and oral com2 prehension abilities; and

3 ‘‘(iv) understanding of semiotic con4 cepts.

5 ‘‘(C) Identifying and providing scientific

6 research-based prereading language and literacy

7 activities and instructional materials for use in

8 developing the children’s—

9 ‘‘(i) automatic recognition of the let10 ters of the alphabet;

11 ‘‘(ii) understanding that spoken words

12 are made up of small segments of speech

13 sounds and that certain letters regularly

14 represent such speech sounds;

15 ‘‘(iii) spoken vocabulary and oral com16 prehension abilities; and

17 ‘‘(iv) understanding of semiotic con18 cepts.

19 ‘‘(2) OPTIONAL ACTIVITIES.—An eligible appli20 cant that receives a grant under this subpart may

21 use the funds provided under the grant to carry out

22 the following activities:

23 ‘‘(A) Using scientific research-based

24 screening tools or other appropriate measures
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1 to determine whether preschool children are de2 veloping the skills identified in this subsection.

3 ‘‘(B) Integrating such instructional mate4 rials and literacy activities with programs of ex5 isting child care agencies or programs,

6 preschools, and Head Start centers, and with

7 family literacy services.

8 ‘‘(f) AWARD AMOUNTS.—The Secretary may estab9 lish a maximum award amount, or ranges of award

10 amounts, for grants under this subpart.

11 ‘‘SEC. 1223. FEDERAL ADMINISTRATION.

12 ‘‘The Secretary shall consult with the Secretary of

13 Health and Human Services in order to coordinate the ac14 tivities undertaken under this subpart with programs

15 under the Head Start Act (42 U.S.C. 9831 et seq.).

16 ‘‘SEC. 1224. REPORTING REQUIREMENTS.

17 ‘‘Each eligible applicant receiving a grant under this

18 subpart shall report annually to the Secretary regarding

19 the eligible applicant’s progress in addressing the purposes

20 of this subpart, including information on—

21 ‘‘(1) the research-based instruction, materials,

22 and activities being used in the programs funded

23 under the grant;
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1 ‘‘(2) the types of programs funded under the

2 grant and the ages of children served by such pro3 grams;

4 ‘‘(3) the qualifications of the program staff who

5 provide early literacy instruction under such pro6 grams and the type of ongoing professional develop7 ment provided to such staff; and

8 ‘‘(4) the curricula, materials, and activities used

9 by the programs funded under the grant to support

10 children’s reading development.

11 ‘‘SEC. 1225. EVALUATION.

12 ‘‘From the total amount made available under section

13 1002(b)(2) for the period beginning October 1, 2002, and

14 ending September 30, 2006, the Secretary shall reserve

15 not more than $1,000,000 to conduct an independent eval16 uation of the effectiveness of this subpart.

17 ‘‘SEC. 1226. ADDITIONAL RESEARCH.

18 ‘‘From the amount made available under section

19 1002(b)(2) for each of the fiscal years 2002 through 2006,

20 the Secretary shall reserve not more than $3,000,000 to

21 conduct, in consultation with the National Institute for

22 Child Health and Human Development, the National In23 stitute for Literacy, and the Department of Health and

24 Human Services, additional research on language and lit25 eracy development for children aged 3 through 5.’’.
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1 SEC. 112. AMENDMENTS TO EVEN START.

2 Part B of title I (20 U.S.C. 6361 et seq.), as amend3 ed by section 111, is further amended—

4 (1) by inserting before section 1231 (as so re5 designated by section 111) the following:

6 ‘‘Subpart 3—William F. Goodling Even Start Family

7 Literacy Programs’’;

8 (2) in each of sections 1231 through 1242 (as

9 so redesignated by section 111)—

10 (A) by striking ‘‘this part’’ each place such

11 term appears and inserting ‘‘this subpart’’; and

12 (B) by striking ‘‘1002(b)’’ each place such

13 term appears and inserting ‘‘1002(b)(3)’’;

14 (3) in section 1231(4), by striking ‘‘2252)’’ and

15 inserting ‘‘1209)’’;

16 (4) in section 1232—

17 (A) in subsection (b)—

18 (i) in paragraph (1)(A), by striking

19 ‘‘1209;’’ and inserting ‘‘1239;’’; and

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

21 ‘‘1211(b)’’ each place such term appears

22 and inserting ‘‘1241(b)’’; and

23 (B) in subsection (c)—

24 (i) by amending paragraph (2)(C) to

25 read as follows:
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1 ‘‘(C) COORDINATION WITH SUBPART 1.—

2 The consortium shall coordinate its activities

3 with the activities of the reading and literacy

4 partnership for the State established under sec5 tion 1204(d), if the State receives a grant

6 under section 1203.’’; and

7 (ii) in paragraph (3), by striking

8 ‘‘2252).’’ and inserting ‘‘1209).’’;

9 (5) in section 1233—

10 (A) by striking ‘‘1202(d)(1)’’ each place

11 such term appears and inserting ‘‘1232(d)(1)’’;

12 and

13 (B) by striking ‘‘1210.’’ and inserting

14 ‘‘1240.’’;

15 (6) in section 1234—

16 (A) in subsection (b)—

17 (i) in paragraph (1)(A), by moving

18 the margins of clauses (v) and (vi) 2 ems

19 to the right; and

20 (ii) in paragraph (3), by striking

21 ‘‘1202(a)(1)(C)’’ and inserting

22 ‘‘1232(a)(1)(C)’’; and

23 (B) in subsection (c)—

24 (i) in paragraph (1)—
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1 (I) by striking ‘‘1203(a),’’ and

2 inserting ‘‘1233(a),’’; and

3 (II) by striking ‘‘1203(b)’’ and

4 inserting ‘‘1233(b)’’; and

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

6 ‘‘1210.’’ and inserting ‘‘1240.’’;

7 (7) in section 1235—

8 (A) in paragraph (10), by striking ‘‘2252)’’

9 and inserting ‘‘1209)’’;

10 (B) in paragraph (12), by striking

11 ‘‘2252),’’ and inserting ‘‘1209),’’; and

12 (C) in paragraph (15), by striking ‘‘pro13 gram.’’ and inserting ‘‘program to be used for

14 program improvement.’’;

15 (8) in section 1237—

16 (A) in subsection (c)(1)—

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

18 ‘‘1205;’’ and inserting ‘‘1235;’’; and

19 (ii) in subparagraph (F), by striking

20 ‘‘14306;’’ and inserting ‘‘8306;’’; and

21 (B) in subsection (d), by striking ‘‘14302.’’

22 and inserting ‘‘8302.’’;

23 (9) in section 1238—

24 (A) in subsection (a)(1)—
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1 (i) in subparagraph (A)(ii), by strik2 ing ‘‘1205;’’ and inserting ‘‘1235;’’; and

3 (ii) in subparagraph (F), by striking

4 ‘‘1204(b);’’ and inserting ‘‘1234(b);’’; and

5 (B) in subsection (b)—

6 (i) in paragraph (3)—

7 (I) by striking ‘‘1207(c)(1)(A)’’

8 and inserting ‘‘1237(c)(1)(A)’’; and

9 (II) by striking ‘‘1210.’’ and in10 serting ‘‘1240.’’;

11 (ii) in paragraph (4), by striking

12 ‘‘1210,’’ and inserting ‘‘1240,’’; and

13 (iii) in paragraph (5)(B), by striking

14 ‘‘1204(b).’’ and inserting ‘‘1234(b).’’;

15 (10) in section 1239—

16 (A) by striking ‘‘1202(b)(1),’’ and insert17 ing ‘‘1232(b)(1),’’; and

18 (B) by striking ‘‘1205(10)’’ and inserting

19 ‘‘1235(10)’’; and

20 (11) in section 1241—

21 (A) in subsection (b)(1)—

22 (i) by striking ‘‘1202(b)(2),’’ and in23 serting ‘‘1232(b)(2),’’; and

24 (ii) by striking ‘‘2252);’’ and inserting

25 ‘‘1209);’’; and
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1 (B) in subsection (c), by striking ‘‘2258,’’

2 and inserting ‘‘1208,’’.

3 SEC. 113. INEXPENSIVE BOOK DISTRIBUTION PROGRAM.

4 (a) TRANSFER AND REDESIGNATION.—Part E of

5 title X (20 U.S.C. 8131) is transferred and redesignated

6 as subpart 4 of part B of title I. Section 10501 is redesig7 nated as section 1251.

8 (b) PURPOSE.—Section 1251 (as so redesignated) is

9 amended—

10 (1) by striking subsection (e);

11 (2) by redesignating subsection (d) as sub12 section (g);

13 (3) by redesignating subsections (a) through (c)

14 as subsections (b) through (d), respectively; and

15 (4) by inserting before subsection (b) (as so re16 designated) the following:

17 ‘‘(a) PURPOSE.—The purpose of this program is to

18 establish and implement a model partnership between a

19 governmental entity and a private entity, to help prepare

20 young children for reading, and motivate older children

21 to read, through the distribution of inexpensive books.

22 Local reading motivation programs assisted under this

23 section shall use such assistance to provide books, training

24 for volunteers, motivational activities, and other essential

25 literacy resources, and shall assign the highest priority to
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1 serving the youngest and neediest children in the United

2 States.’’.

3 (c) AUTHORIZATION.—Section 1251(b) (as so redes4 ignated) is amended by striking ‘‘books to students, that

5 motivate children to read.’’ and inserting ‘‘books to young

6 and school-aged children that motivate them to read.’’.

7 (d) REQUIREMENTS OF CONTRACT.—Section 1251(c)

8 (as so redesignated) is amended—

9 (1) in the matter preceding paragraph (1), by

10 striking ‘‘subsection (a)’’ and inserting ‘‘subsection

11 (b)’’; and

12 (2) in paragraph (4), by inserting ‘‘training

13 and’’ before ‘‘technical’’.

14 (e) SPECIAL RULES FOR CERTAIN SUBCONTRAC15 TORS; MULTI-YEAR CONTRACTS.—Section 1251 (as so re16 designated) is amended by inserting after subsection (d)

17 the following:

18 ‘‘(e) SPECIAL RULES FOR CERTAIN SUBCONTRAC19 TORS.—

20 ‘‘(1) FUNDS FROM OTHER FEDERAL

21 SOURCES.—Subcontractors operating programs

22 under this section in low-income communities with a

23 substantial number or percentage of children with

24 special needs, as described in subsection (c)(3), may

25 use funds from other Federal sources to pay the
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1 non-Federal share of the cost of the program, if

2 those funds do not comprise more than 50 percent

3 of the non-Federal share of the funds used for the

4 cost of acquiring and distributing books.

5 ‘‘(2) WAIVER AUTHORITY.—Notwithstanding

6 subsection (c), the contractor may waive, in whole or

7 in part, the requirement in subsection (c)(1) for a

8 subcontractor, if the subcontractor demonstrates

9 that it would otherwise not be able to participate in

10 the program, and enters into an agreement with the

11 contractor with respect to the amount of the non12 Federal share to which the waiver will apply. In a

13 case in which such a waiver is granted, the require14 ment in subsection (c)(2) shall not apply.

15 ‘‘(f) MULTI-YEAR CONTRACTS.—The contractor may

16 enter into a multi-year subcontract under this section, if—

17 ‘‘(1) the contractor believes that such sub18 contract will provide the subcontractor with addi19 tional leverage in seeking local commitments; and

20 ‘‘(2) the subcontract does not undermine the fi21 nances of the national program.’’.

22 (f) CONTINUATION OF AWARDS.—Notwithstanding

23 any other provision of this Act, any person or agency that

24 was awarded a contract under part E of title X (20 U.S.C.

25 8131) prior to the date of the enactment of this Act shall
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1 continue to receive funds in accordance with the terms of

2 such contract until the date on which the contract period

3 terminates under such terms.

4 PART C—EDUCATION OF MIGRATORY CHILDREN

5 SEC. 121. STATE ALLOCATIONS.

6 Section 1303 (20 U.S.C. 6393) is amended—

7 (1) by amending subsection (a) to read as fol8 lows:

9 ‘‘(a) STATE ALLOCATIONS.—

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

11 each State (other than the Commonwealth of Puerto

12 Rico) is entitled to receive under this part an

13 amount equal to—

14 ‘‘(A) the sum of the estimated number of

15 migratory children aged three through 21 who

16 reside in the State full time and the full-time

17 equivalent of the estimated number of migra18 tory children aged three through 21 who reside

19 in the State part time, as determined in accord20 ance with subsection (d); multiplied by

21 ‘‘(B) 40 percent of the average per-pupil

22 expenditure in the State, except that the

23 amount determined under this paragraph shall

24 not be less than 32 percent, nor more than 48
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1 percent, of the average expenditure per pupil in

2 the United States.

3 ‘‘(2) SUBSEQUENT YEARS.—

4 ‘‘(A) BASE AMOUNT.—

5 ‘‘(i) IN GENERAL.—Except as pro6 vided in subsection (b) and clause (ii), each

7 State (other than the Commonwealth of

8 Puerto Rico) is entitled to receive under

9 this part, for fiscal year 2003 and suc10 ceeding fiscal years, an amount equal to—

11 ‘‘(I) the amount that such State

12 received under this part for fiscal year

13 2002; plus

14 ‘‘(II) the amount allocated to the

15 State under subparagraph (B).

16 ‘‘(ii) NONPARTICIPATING STATES.—In

17 the case of a State (other than the Com18 monwealth of Puerto Rico) that did not re19 ceive any funds for fiscal year 2002 under

20 this part, the State shall receive, for fiscal

21 year 2003 and succeeding fiscal years, an

22 amount equal to—

23 ‘‘(I) the amount that such State

24 would have received under this part

25 for fiscal year 2002 if its application
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1 under section 1304 for the year had

2 been approved; plus

3 ‘‘(II) the amount allocated to the

4 State under subparagraph (B).

5 ‘‘(B) ALLOCATION OF ADDITIONAL

6 AMOUNT.—For fiscal year 2003 and succeeding

7 fiscal years, the amount (if any) by which the

8 funds appropriated to carry out this part for

9 the year exceed such funds for fiscal year 2002

10 shall be allocated to a State (other than the

11 Commonwealth of Puerto Rico) so that the

12 State receives an amount equal to—

13 ‘‘(i) the sum of—

14 ‘‘(I) the number of identified eli15 gible migratory children, aged 3

16 through 21, residing in the State dur17 ing the previous year; and

18 ‘‘(II) the number of identified eli19 gible migratory children, aged 3

20 through 21, who received services

21 under this part in summer or interses22 sion programs provided by the State

23 during such year; multiplied by

24 ‘‘(ii) 40 percent of the average per25 pupil expenditure in the State, except that
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1 the amount determined under this clause

2 may not be less than 32 percent, or more

3 than 48 percent, of the average per-pupil

4 expenditure in the United States.’’;

5 (2) by amending subsection (b) to read as fol6 lows:

7 ‘‘(b) ALLOCATION TO PUERTO RICO.—

8 ‘‘(1) IN GENERAL.—For each fiscal year, the

9 grant which the Commonwealth of Puerto Rico shall

10 be eligible to receive under this part shall be the

11 amount determined by multiplying the number of

12 children counted under subsection (a)(1)(A) for the

13 Commonwealth of Puerto Rico by the product of—

14 ‘‘(A) the percentage which the average per

15 pupil expenditure in the Commonwealth of

16 Puerto Rico is of the lowest average per pupil

17 expenditure of any of the 50 States; and

18 ‘‘(B) 32 percent of the average per pupil

19 expenditure in the United States.

20 ‘‘(2) MINIMUM PERCENTAGE.—The percentage

21 in paragraph (1)(A) shall not be less than—

22 ‘‘(A) for fiscal year 2002, 77.5 percent;

23 ‘‘(B) for fiscal year 2003, 80.0 percent;

24 ‘‘(C) for fiscal year 2004, 82.5 percent;

25 and
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1 ‘‘(D) for fiscal year 2005 and succeeding

2 fiscal years, 85.0 percent.

3 ‘‘(3) LIMITATION.—If the application of para4 graph (2) would result in any of the 50 States or

5 the District of Columbia receiving less under this

6 part than it received under this part for the pre7 ceding fiscal year, the percentage in paragraph (1)

8 shall be the greater of the percentage in paragraph

9 (1)(A) or the percentage used for the preceding fis10 cal year.’’; and

11 (3) by striking subsection (d) and redesignating

12 subsection (e) as subsection (d).

13 SEC. 122. STATE APPLICATIONS; SERVICES.

14 (a) PROGRAM INFORMATION.—Section 1304(b) (20

15 U.S.C. 6394(b)) is amended—

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

17 through’’ and all that follows through the semicolon

18 at the end and inserting the following:

19 ‘‘addressed through—

20 ‘‘(A) the full range of services that are

21 available for migratory children from appro22 priate local, State, and Federal educational pro23 grams;

24 ‘‘(B) joint planning among local, State,

25 and Federal educational programs serving mi-
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1 grant children, including programs under part

2 A of title III;

3 ‘‘(C) the integration of services available

4 under this part with services provided by those

5 other programs; and

6 ‘‘(D) measurable program goals and out7 comes;’’; and

8 (2) in paragraph (5), by striking ‘‘the require9 ments of paragraph (1);’’ and inserting ‘‘the num10 bers and needs of migratory children, the require11 ments of subsection (d), and the availability of funds

12 from other Federal, State, and local programs;’’.

13 (b) ASSURANCES.—Section 1304(c) (20 U.S.C.

14 6394(c)) is amended—

15 (1) in paragraph (1), by striking ‘‘1306(b)(1);’’

16 and inserting ‘‘1306(a);’’;

17 (2) in paragraph (2), by striking ‘‘part F;’’ and

18 inserting ‘‘part H;’’

19 (3) in paragraph (3)—

20 (A) by striking ‘‘appropriate’’;

21 (B) by striking ‘‘out, to the extent fea22 sible,’’ and inserting ‘‘out’’; and

23 (C) by striking ‘‘1118;’’ and inserting

24 ‘‘1118, unless extraordinary circumstances
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1 make implementation consistent with such sec2 tion impractical;’’; and

3 (4) in paragraph (7), by striking ‘‘section

4 1303(e)’’ and inserting ‘‘paragraphs (1)(A) and

5 (2)(B)(i) of section 1303(a)’’.

6 SEC. 123. AUTHORIZED ACTIVITIES.

7 Section 1306 (20 U.S.C. 6396) is amended to read

8 as follows:

9 ‘‘SEC. 1306. AUTHORIZED ACTIVITIES.

10 ‘‘(a) IN GENERAL.—

11 ‘‘(1) FLEXIBILITY.—Each State educational

12 agency, through its local educational agencies, shall

13 have the flexibility to determine the activities to be

14 provided with funds made available under this part,

15 except that such funds shall first be used to meet

16 the identified needs of migratory children that result

17 from their migratory lifestyle, and to permit these

18 children to participate effectively in school.

19 ‘‘(2) UNADDRESSED NEEDS.—Funds provided

20 under this part shall be used to address the needs

21 of migratory children that are not addressed by serv22 ices available from other Federal or non-Federal

23 programs, except that migratory children who are el24 igible to receive services under part A of this title

25 may receive those services through funds provided
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1 under that part, or through funds under this part

2 that remain after the agency addresses the needs de3 scribed in paragraph (1).

4 ‘‘(b) CONSTRUCTION.—Nothing in this part shall be

5 construed to prohibit a local educational agency from serv6 ing migratory children simultaneously with students with

7 similar educational needs in the same educational settings,

8 where appropriate.

9 ‘‘(c) SPECIAL RULE.—Notwithstanding section 1114,

10 a school that receives funds under this part shall continue

11 to address the identified needs described in subsection

12 (a)(1).’’.

13 SEC. 124. COORDINATION OF MIGRANT EDUCATION ACTIVI14 TIES.

15 (a) DURATION.—Section 1308(a)(2) (20 U.S.C.

16 6398(a)(2)) is amended by striking ‘‘subpart’’ and insert17 ing ‘‘subsection’’.

18 (b) STUDENT RECORDS.—Section 1308(b) (20

19 U.S.C. 6398(b)) is amended to read as follows:

20 ‘‘(b) STUDENT RECORDS.—

21 ‘‘(1) ASSISTANCE.—The Secretary shall assist

22 States in developing effective methods for the trans23 fer of student records and in determining the num24 ber of migratory children in each State. The Sec25 retary, in consultation with the States, shall deter-
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1 mine the minimum data elements that each State re2 ceiving funds under this part shall collect and main3 tain. The Secretary shall assist States to implement

4 a system of linking their student record transfer sys5 tems for the purpose of electronic records mainte6 nance and transfer for migrant students.

7 ‘‘(2) NO COST FOR CERTAIN TRANSFERS.—A

8 State educational agency or local educational agency

9 receiving assistance under this part shall make stu10 dent records available to another State or local edu11 cational agency that requests the records at no cost

12 to the requesting agency, if the request is made in

13 order to meet the needs of a migratory child.’’.

14 (c) AVAILABILITY OF FUNDS.—Section 1308(c) (20

15 U.S.C. 6398(c)) is amended by striking ‘‘$6,000,000’’ and

16 inserting ‘‘$10,000,000’’.

17 (d) INCENTIVE GRANTS.—Section 1308(d) (20

18 U.S.C. 6398(d)) is amended to read as follows:

19 ‘‘(d) INCENTIVE GRANTS.—From the amounts made

20 available to carry out this section for any fiscal year, the

21 Secretary may reserve not more than $3,000,000 to award

22 grants of not more than $250,000 on a competitive basis

23 to State educational agencies that propose a consortium

24 arrangement with another State or other appropriate enti25 ty that the Secretary determines, pursuant to criteria that
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1 the Secretary shall establish, will improve the delivery of

2 services to migratory children whose education is inter3 rupted.’’.

4 PART D—NEGLECTED OR DELINQUENT YOUTH

5 SEC. 131. NEGLECTED OR DELINQUENT YOUTH.

6 The heading for part D of title I is amended to read

7 as follows:

8 ‘‘PART D—PREVENTION AND INTERVENTION

9 PROGRAMS FOR NEGLECTED OR DELIN10 QUENT CHILDREN AND YOUTH’’.

11 SEC. 132. FINDINGS.

12 Section 1401(a) (20 U.S.C. 6421(a)) is amended by

13 striking paragraphs (6) through (9) and inserting the fol14 lowing:

15 ‘‘(6) Youth returning from correctional facilities

16 need to be involved in programs that provide them

17 with high-level skills and other support to help them

18 stay in school and complete their education.

19 ‘‘(7) Pregnant and parenting teenagers are a

20 high-at-risk group for dropping out of school and

21 should be targeted by dropout prevention pro22 grams.’’.

23 SEC. 133. ALLOCATION OF FUNDS.

24 Section 1412(b) (20 U.S.C. 6432(b)) is amended to

25 read as follows:
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1 ‘‘(b) SUBGRANTS TO STATE AGENCIES IN PUERTO

2 RICO.—

3 ‘‘(1) IN GENERAL.—For each fiscal year, the

4 amount of the subgrant which a State agency in the

5 Commonwealth of Puerto Rico shall be eligible to re6 ceive under this part shall be the amount determined

7 by multiplying the number of children counted under

8 subparagraph (a)(1)(A) for the Commonwealth of

9 Puerto Rico by the product of—

10 ‘‘(A) the percentage which the average per11 pupil expenditure in the Commonwealth of

12 Puerto Rico is of the lowest average per-pupil

13 expenditure of any of the 50 States; and

14 ‘‘(B) 32 percent of the average per-pupil

15 expenditure in the United States.

16 ‘‘(2) MINIMUM PERCENTAGE.—The percentage

17 in paragraph (1)(A) shall not be less than—

18 ‘‘(A) for fiscal year 2002, 77.5 percent;

19 ‘‘(B) for fiscal year 2003, 80.0 percent;

20 ‘‘(C) for fiscal year 2004, 82.5 percent;

21 and

22 ‘‘(D) for fiscal year 2005 and succeeding

23 fiscal years, 85.0 percent.

24 ‘‘(3) LIMITATION.—If the application of para25 graph (2) would result in any of the 50 States or
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1 the District of Columbia receiving less under this

2 part than it received under this part for the pre3 ceding fiscal year, the percentage in paragraph (1)

4 shall be the greater of the percentage in paragraph

5 (1)(A) or the percentage used for the preceding fis6 cal year.’’.

7 SEC. 134. STATE PLAN AND STATE AGENCY APPLICATIONS.

8 Section 1414 (20 U.S.C. 6434) is amended to read

9 as follows:

10 ‘‘SEC. 1414. STATE PLAN AND STATE AGENCY APPLICA11 TIONS.

12 ‘‘(a) STATE PLAN.—

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

14 agency that desires to receive a grant under this

15 part shall submit, for approval by the Secretary, a

16 plan for meeting the educational needs of neglected

17 and delinquent youth, for assisting in their transi18 tion from institutions to locally operated programs,

19 and which is integrated with other programs under

20 this Act or other Acts, as appropriate, consistent

21 with section 8306.

22 ‘‘(2) CONTENTS.—Each such State plan shall—

23 ‘‘(A) describe the program goals, objec24 tives, and performance measures established by

25 the State that will be used to assess the effec-
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1 tiveness of the program in improving academic

2 and vocational and technical skills of children in

3 the program;

4 ‘‘(B) provide that, to the extent feasible,

5 such children will have the same opportunities

6 to learn as such children would have if such

7 children were in the schools of local educational

8 agencies in the State; and

9 ‘‘(C) contain assurances that the State

10 educational agency will—

11 ‘‘(i) ensure that programs assisted

12 under this part will be carried out in ac13 cordance with the State plan described in

14 this subsection;

15 ‘‘(ii) carry out the evaluation require16 ments of section 1416;

17 ‘‘(iii) ensure that the State agencies

18 receiving subgrants under this subpart

19 comply with all applicable statutory and

20 regulatory requirements; and

21 ‘‘(iv) provide such other information

22 as the Secretary may reasonably require.

23 ‘‘(3) DURATION OF THE PLAN.—Each such

24 State plan shall—
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1 ‘‘(A) remain in effect for the duration of

2 the State’s participation under this part; and

3 ‘‘(B) be periodically reviewed and revised

4 by the State, as necessary, to reflect changes 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 re10 quirements 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

15 agency that desires to receive funds to carry out a pro16 gram under this part shall submit an application to the

17 State educational agency that—

18 ‘‘(1) describes the procedures to be used, con19 sistent with the State plan under section 1111, to

20 assess the educational needs of the children to be

21 served;

22 ‘‘(2) provides assurances that in making serv23 ices available to youth in adult correctional facilities,

24 priority will be given to such youth who are likely to

25 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 up3 dates 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

6 subpart;

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

10 operation of institution-wide projects under section

11 1416 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

15 plan 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

22 and technical education programs, State and local

23 dropout prevention programs, and special education

24 programs;
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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

11 development will be provided to teachers and other

12 staff;

13 ‘‘(11) designates an individual in each affected

14 institution to be responsible for issues relating to the

15 transition of children and youth from the institution

16 to locally operated programs;

17 ‘‘(12) describes how the agency will endeavor to

18 coordinate with businesses for training and men19 toring for participating youth;

20 ‘‘(13) provides assurances that the agency will

21 assist in locating alternative programs through

22 which students can continue their education if stu23 dents are not returning to school after leaving the

24 correctional facility;
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1 ‘‘(14) provides assurances that the agency will

2 work with parents to secure parents’ assistance in

3 improving the educational achievement of their chil4 dren and preventing their children’s further involve5 ment in delinquent activities;

6 ‘‘(15) provides assurances that the agency

7 works with special education youth in order to meet

8 an existing individualized education program and an

9 assurance that the agency will notify the youth’s

10 local school if such youth—

11 ‘‘(A) is identified as in need of special edu12 cation services while the youth is in the facility;

13 and

14 ‘‘(B) intends to return to the local school;

15 ‘‘(16) provides assurances that the agency will

16 work with youth who dropped out of school before

17 entering the facility to encourage the youth to reen18 ter school once the term of incarceration has been

19 completed or provide the youth with the skills nec20 essary to gain employment, continue the education

21 of the youth, or achieve a secondary school diploma

22 or the recognized equivalent if the youth does not in23 tend to return to school;

24 ‘‘(17) provides assurances that teachers and

25 other qualified staff are also trained to work with
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1 children with disabilities and other students with

2 special needs, taking into consideration the unique

3 needs of such students;

4 ‘‘(18) describes any additional services to be

5 provided to youth, such as career counseling, dis6 tance learning, and assistance in securing student

7 loans and grants; and

8 ‘‘(19) provides assurances that the program

9 under this subpart will be coordinated with any pro10 grams operated under the Juvenile Justice and De11 linquency Prevention Act of 1974 (42 U.S.C. 5601

12 et seq.) or other comparable programs, if applica13 ble.’’.

14 SEC. 135. USE OF FUNDS.

15 Section 1415(a) (20 U.S.C. 6435(a)) is amended—

16 (1) in paragraph (1)(B), by inserting ‘‘, voca17 tional and technical training’’ after ‘‘secondary

18 school completion’’;

19 (2) in paragraph (2)(B)—

20 (A) in clause (i), by inserting ‘‘and’’ after

21 the semicolon;

22 (B) in clause (ii), by striking ‘‘; and’’ and

23 inserting a semicolon; and

24 (C) by striking clause (iii);
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1 (3) in paragraph (2)(C), by striking ‘‘part F of

2 this title’’ and inserting ‘‘part H’’; and

3 (4) in paragraph (2)(D), by striking ‘‘section

4 14701’’ and inserting ‘‘section 8651’’.

5 SEC. 136. TRANSITION SERVICES.

6 Section 1418(a) (20 U.S.C. 6438(a)) is amended by

7 striking ‘‘10 percent’’ and inserting ‘‘15 percent’’.

8 SEC. 137. PURPOSE.

9 Section 1421(3) (20 U.S.C. 6451(3)) is amended to

10 read as follows:

11 ‘‘(3) operate programs in local schools for youth

12 returning from correctional facilities and programs

13 which may also serve youth at risk of dropping out

14 of school.’’.

15 SEC. 138. PROGRAMS OPERATED BY LOCAL EDUCATIONAL

16 AGENCIES.

17 Section 1422 (20 U.S.C. 6452) is amended—

18 (1) in subsection (a), by striking ‘‘retained’’;

19 (2) by amending subsection (b) to read as fol20 lows:

21 ‘‘(b) SPECIAL RULE.—A local educational agency

22 which includes a correctional facility that operates a school

23 is not required to operate a program of support for chil24 dren returning from such school to a school not operated

25 by a correctional agency but served by such local edu-
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1 cational agency if more than 30 percent of the youth at2 tending the school operated by the correctional facility will

3 reside outside the boundaries of the local educational

4 agency after leaving such facility.’’; and

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

6 ‘‘(d) TRANSITIONAL AND ACADEMIC SERVICES.—

7 Transitional and supportive programs operated in local

8 educational agencies under this subpart shall be designed

9 primarily to meet the transitional and academic needs of

10 students returning to local educational agencies or alter11 native education programs from correctional facilities.

12 Services to students at risk of dropping out of school shall

13 not have a negative impact on meeting the transitional and

14 academic needs of the students returning from correc15 tional facilities.’’.

16 SEC. 139. LOCAL EDUCATIONAL AGENCY APPLICATIONS.

17 Section 1423 (20 U.S.C. 6453) is amended by strik18 ing paragraphs (4) through (9) and inserting the fol19 lowing:

20 ‘‘(4) a description of the program operated by

21 participating schools for children returning from cor22 rectional facilities and the types of services that such

23 schools will provide such youth and other at-risk

24 youth;
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1 ‘‘(5) a description of the characteristics (includ2 ing learning difficulties, substance abuse problems,

3 and other special needs) of the youth who will be re4 turning from correctional facilities and, as appro5 priate, other at-risk youth expected to be served by

6 the program and how the school will coordinate ex7 isting educational programs to meet the unique edu8 cational needs of such youth;

9 ‘‘(6) as appropriate, a description of how

10 schools will coordinate with existing social, health,

11 and other services to meet the needs of students re12 turning from correctional facilities, students at risk

13 of dropping out of school, and other participating

14 students, including prenatal health care and nutri15 tion services related to the health of the parent and

16 child, parenting and child development classes, child

17 care, targeted reentry and outreach programs, refer18 rals to community resources, and scheduling flexi19 bility;

20 ‘‘(7) as appropriate, a description of any part21 nerships with local businesses to develop training,

22 curriculum-based youth entrepreneurship education,

23 and mentoring services for participating students;

24 ‘‘(8) as appropriate, a description of how pro25 grams will involve parents in efforts to improve the
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1 educational achievement of their children, prevent

2 the involvement of their children in delinquent activi3 ties, and encourage their children to remain in

4 school and complete their education;

5 ‘‘(9) a description of how the program under

6 this subpart will be coordinated with other Federal,

7 State, and local programs, such as job training pro8 grams and vocational and technical education pro9 grams serving this at-risk population of youth;’’.

10 SEC. 140. USES OF FUNDS.

11 Section 1424 (20 U.S.C. 6454) is amended by strik12 ing paragraphs (1) through (3) and inserting the fol13 lowing:

14 ‘‘(1) programs that serve youth returning from

15 correctional facilities to local schools, to assist in the

16 transition of such youth to the school environment

17 and help them remain in school in order to complete

18 their education;

19 ‘‘(2) providing assistance to other youth at risk

20 of dropping out of school, including pregnant and

21 parenting teenagers;

22 ‘‘(3) the coordination of social, health, and

23 other services, including day care, for participating

24 youth, if the provision of such services will improve
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1 the likelihood that such youth will complete their

2 education;

3 ‘‘(4) special programs to meet the unique aca4 demic needs of participating youth, including voca5 tional and technical education, special education, ca6 reer counseling, curriculum-based youth entrepre7 neurship education, and assistance in securing stu8 dent loans or grants for postsecondary education;

9 and

10 ‘‘(5) programs providing mentoring and peer

11 mediation.’’.

12 SEC. 141. PROGRAM REQUIREMENTS.

13 Section 1425 (20 U.S.C. 6455) is amended—

14 (1) in the section heading, by striking ‘‘THIS

15 SECTION’’ and inserting ‘‘this subpart’’;

16 (2) in the matter preceding paragraph (1), by

17 striking ‘‘this section’’ and inserting ‘‘this subpart’’;

18 (3) in paragraph (1), by striking ‘‘where fea19 sible, ensure educational programs’’ and inserting

20 ‘‘to the extent practicable, ensure that educational

21 programs’’;

22 (4) in paragraphs (3) and (8), by striking

23 ‘‘where feasible,’’ and inserting ‘‘to the extent prac24 ticable,’’;

25 (5) in paragraph (9)—
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1 (A) by striking ‘‘this program’’ and insert2 ing ‘‘this subpart’’;

3 (B) by inserting ‘‘and technical’’ after ‘‘vo4 cational’’; and

5 (C) by striking ‘‘title I of the Workforce

6 Investment Act of 1998’’ and inserting ‘‘other

7 job training programs’’;

8 (6) in paragraph (10), by inserting ‘‘(42 U.S.C.

9 5601 et seq.)’’ after ‘‘Juvenile Justice and Delin10 quency Prevention Act of 1974’’; and

11 (7) by amending paragraph (11) to read as fol12 lows:

13 ‘‘(11) if appropriate, work with local businesses

14 to develop training, curriculum-based youth entre15 preneurship education, and mentoring programs for

16 youth.’’.

17 SEC. 142. PROGRAM EVALUATIONS.

18 Section 1431(a) (20 U.S.C. 6471(a)) is amended by

19 striking ‘‘sex, and if feasible,’’ and inserting ‘‘gender,’’.

20 PART E—FEDERAL EVALUATIONS AND

21 DEMONSTRATIONS

22 SEC. 151. EVALUATIONS.

23 Section 1501 (20 U.S.C. 6491) is amended to read

24 as follows:
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1 ‘‘SEC. 1501. EVALUATIONS.

2 ‘‘(a) NATIONAL ASSESSMENT.—

3 ‘‘(1) IN GENERAL.—In accordance with this

4 section, the Secretary shall conduct a national as5 sessment of programs assisted under this title.

6 ‘‘(2) ISSUES TO BE EXAMINED.—In conducting

7 the assessment under this subsection, the Secretary

8 shall examine—

9 ‘‘(A) the implementation of programs as10 sisted under this title and the impact of such

11 implementation on increasing student academic

12 achievement, particularly schools with high con13 centrations of children living in poverty;

14 ‘‘(B) the implementation of State stand15 ards, assessments, and accountability systems

16 developed under this title and the impact of

17 such implementation on educational programs

18 and instruction at the local level;

19 ‘‘(C) the impact of schoolwide programs

20 and targeted assistance programs under this

21 title on improving student academic achieve22 ment;

23 ‘‘(D) the extent to which varying models of

24 comprehensive school reform are funded under

25 this title, and the effect of the implementation
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1 of such models on improving achievement of

2 disadvantaged students;

3 ‘‘(E) the costs as compared to the benefits

4 of the activities assisted under this title;

5 ‘‘(F) the impact of school choice options

6 under section 1116 on the academic achieve7 ment of disadvantaged students, on schools in

8 school improvement, and on schools from which

9 students have transferred under such options;

10 ‘‘(G) the extent to which actions author11 ized under section 1116 of this title are em12 ployed by State and local educational agencies

13 to improve the academic achievement of stu14 dents in low-performing schools, and the effec15 tiveness of the implementation of such actions;

16 ‘‘(H) the extent to which technical assist17 ance made available under this title is used to

18 improve the achievement of students in low-per19 forming schools, and the impact of such assist20 ance on such achievement;

21 ‘‘(I) the extent to which State and local

22 fiscal accounting requirements under this title

23 limit the flexibility of schoolwide programs;
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1 ‘‘(J) the impact of the professional devel2 opment activities assisted under this title on in3 struction and student performance;

4 ‘‘(K) the extent to which the assistance

5 made available under this title is targeted to

6 disadvantaged students and schools that need

7 them the most;

8 ‘‘(L) the effectiveness of Federal adminis9 tration assistance made available under this

10 title, including monitoring and technical assist11 ance; and

12 ‘‘(M) such other issues as the Secretary

13 considers appropriate.

14 ‘‘(3) SOURCES OF INFORMATION.—In con15 ducting the assessment under this subsection, the

16 Secretary shall use information from a variety of

17 sources, including the National Assessment of Edu18 cational Progress (carried out under section 411 of

19 the National Education Statistics Act of 1994 (20

20 U.S.C. 9010)), state evaluations, and other research

21 studies.

22 ‘‘(4) COORDINATION.—In carrying out this sub23 section, the Secretary shall—
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1 ‘‘(A) coordinate conducting the national

2 assessment with conducting the longitudinal

3 study described in subsection (c); and

4 ‘‘(B) ensure that the independent review

5 panel described in subsection (d) participates in

6 conducting the national assessment, including

7 planning for and reviewing the assessment.

8 ‘‘(5) REPORTS.—

9 ‘‘(A) INTERIM REPORT.—Not later than 3

10 years after the date of enactment of the Leave

11 No Child Behind Act of 2001, the Secretary

12 shall transmit to the President and the Con13 gress an interim report on the national assess14 ment conducted under this subsection.

15 ‘‘(B) FINAL REPORT.—Not later than 4

16 years after the date of enactment of the Leave

17 No Child Behind Act of 2001, the Secretary

18 shall transmit to the President and the Con19 gress a final report on the national assessment

20 conducted under this subsection.

21 ‘‘(b) STUDIES AND DATA COLLECTION.—

22 ‘‘(1) IN GENERAL.—In addition to other activi23 ties described in this section, the Secretary may, di24 rectly or through the making of grants to or con25 tracts with appropriate entities—
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1 ‘‘(A) conduct studies and evaluations of

2 the need for, and effectiveness of, each program

3 authorized under this title;

4 ‘‘(B) collect the data necessary to comply

5 with the Government Performance and Results

6 Act of 1993; and

7 ‘‘(C) provide guidance and technical assist8 ance to State educational agencies and local

9 educational agencies in developing and main10 taining management information systems

11 through which such agencies can develop pro12 gram performance indicators in order to im13 prove services and performance.

14 ‘‘(2) MINIMUM INFORMATION.—Under this sub15 section, the Secretary shall collect, at a minimum,

16 trend information on the effect of each program au17 thorized under this title, which shall complement the

18 data collected and reported under subsections (a)

19 and (c).

20 ‘‘(c) NATIONAL LONGITUDINAL STUDY.—

21 ‘‘(1) IN GENERAL.—The Secretary shall con22 duct a longitudinal study of schools receiving assist23 ance under this title.

24 ‘‘(2) ISSUES TO BE EXAMINED.—In carrying

25 out this subsection, the Secretary shall ensure that
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1 the study referred to in paragraph (1) provides the

2 Congress and educators with each of the following:

3 ‘‘(A) An accurate description and analysis

4 of short-term and long-term effectiveness of the

5 assistance made available under this title upon

6 academic performance.

7 ‘‘(B) Information that can be used to im8 prove the effectiveness of the assistance made

9 available under this title in enabling students to

10 meet challenging achievement standards.

11 ‘‘(C) An analysis of educational practices

12 or model programs that are effective in improv13 ing the achievement of disadvantaged children.

14 ‘‘(D) An analysis of the costs as compared

15 to the benefits of the assistance made available

16 under this title in improving the achievement of

17 disadvantaged children.

18 ‘‘(E) An analysis of the effects of the avail19 ability of school choice options under section

20 1116 on the academic achievement of disadvan21 taged students, on schools in school improve22 ment, and on schools from which students have

23 transferred under such options.

24 ‘‘(F) Such other information as the Sec25 retary considers appropriate.
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1 ‘‘(3) SCOPE.—In conducting the study referred

2 to in paragraph (1), the Secretary shall ensure that

3 the study—

4 ‘‘(A) bases its analysis on a nationally rep5 resentative sample of schools participating in

6 programs under this part;

7 ‘‘(B) to the extent practicable, includes in

8 its analysis students who transfer to different

9 schools during the course of the study; and

10 ‘‘(C) analyzes varying models or strategies

11 for delivering school services, including—

12 ‘‘(i) schoolwide and targeted services;

13 and

14 ‘‘(ii) comprehensive school reform

15 models.

16 ‘‘(d) INDEPENDENT REVIEW PANEL.—

17 ‘‘(1) IN GENERAL.—The Secretary shall estab18 lish an independent review panel (in this subsection

19 referred to as the ‘Review Panel’) to advise the Sec20 retary on methodological and other issues that arise

21 in carrying out subsections (a) and (c).

22 ‘‘(2) APPOINTMENT OF MEMBERS.—

23 ‘‘(A) IN GENERAL.—Subject to subpara24 graph (B), the Secretary shall appoint members
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1 of the Review Panel from among qualified indi2 viduals who are—

3 ‘‘(i) specialists in statistics, evalua4 tion, research, and assessment;

5 ‘‘(ii) education practitioners, including

6 teachers, principals, and local and State

7 superintendents; and

8 ‘‘(iii) other individuals with technical

9 expertise who would contribute to the over10 all rigor and quality of the program eval11 uation.

12 ‘‘(B) LIMITATIONS.—In appointing mem13 bers of the Review Panel under this subpara14 graph (A), the Secretary shall ensure that—

15 ‘‘(i) in order to ensure diversity, a

16 majority of the number of individuals ap17 pointed under subparagraph (A)(i) rep18 resent disciplines or programs outside the

19 field of education; and

20 ‘‘(ii) the total number of the individ21 uals appointed under subparagraph (A)(ii)

or (A)(iii) does not exceed 1 22 ⁄3 of the total

23 number of the individuals appointed under

24 this paragraph.
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1 ‘‘(3) FUNCTIONS.—The Review Panel shall con2 sult with and advise the Secretary—

3 ‘‘(A) to ensure that the assessment con4 ducted under subsection (a) and the study con5 ducted under subsection (c)—

6 ‘‘(i) adhere to the highest possible

7 standards of quality with respect to re8 search design, statistical analysis, and the

9 dissemination of findings; and

10 ‘‘(ii) use valid and reliable measures

11 to document program implementation and

12 impacts; and

13 ‘‘(B) to ensure—

14 ‘‘(i) that the final report described in

15 subsection (a)(5)(B) is reviewed not later

16 than 120 days after its completion by not

17 less than two independent experts in pro18 gram evaluation;

19 ‘‘(ii) that such experts evaluate and

20 comment on the degree to which the report

21 complies with subsection (a); and

22 ‘‘(iii) that the comments of such ex23 perts are transmitted with the report

24 under subsection (a)(5)(B).’’.
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1 SEC. 152. DEMONSTRATIONS OF INNOVATIVE PRACTICES.

2 (a) IN GENERAL.—Section 1502 (20 U.S.C. 6492)

3 is amended—

4 (1) by redesignating subsection (b) as sub5 section (c);

6 (2) by striking in subsection (a) ‘‘(2) EVALUA7 TION.—The Secretary’’ and inserting ‘‘(b) EVALUA8 TION.—The Secretary’’ and by moving such sub9 section (b) 2 ems to the left;

10 (3) by striking in subsection (a) ‘‘Such projects

11 shall include promising’’ and all that follows through

12 ‘‘career guidance opportunities.’’;

13 (4) by striking ‘‘student performance stand14 ards’’ and inserting ‘‘student achievement stand15 ards’’;

16 (5) by inserting ‘‘academic’’ after ‘‘to meet

17 challenging State’’; and

18 (6) by striking ‘‘(a) DEMONSTRATION PRO19 GRAMS’’ and all that follows through ‘‘IN GEN20 ERAL.—From the’’ and inserting ‘‘(a) IN GEN21 ERAL.—From the’’.

22 SEC. 153. ELLENDER-CLOSE UP FELLOWSHIP PROGRAM;

23 DROPOUT REPORTING.

24 (a) IN GENERAL.—Part E of title I (20 U.S.C. 6491

25 et seq.) is further amended by adding at the end the fol26 lowing:
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1 ‘‘SEC. 1503. ELLENDER-CLOSE UP FELLOWSHIP PROGRAM.

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

3 ‘‘(1) It is a worthwhile goal to ensure that all

4 students in America are prepared for responsible

5 citizenship and that all students should have the op6 portunity to be involved in activities that promote

7 and demonstrate good citizenship.

8 ‘‘(2) It is a worthwhile goal to ensure that

9 America’s educators have access to programs for the

10 continued improvement of their professional skills.

11 ‘‘(3) Allen J. Ellender, a Senator from Lou12 isiana and President pro tempore of the United

13 States Senate, had a distinguished career in public

14 service characterized by extraordinary energy and

15 real concern for young people. Senator Ellender pro16 vided valuable support and encouragement to the

17 Close Up Foundation, a nonpartisan, nonprofit foun18 dation promoting knowledge and understanding of

19 the Federal Government among young people and

20 educators. Therefore, it is a fitting and appropriate

21 tribute to Senator Ellender to provide fellowships in

22 his name to students of limited economic means and

23 the teachers who work with such students, so that

24 such students and teachers may participate in the

25 programs supported by the Close Up Foundation.
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1 ‘‘(4) The Close Up Foundation is a non2 partisan, nonprofit, education foundation promoting

3 civic responsibility and knowledge and understanding

4 of the Federal Government among young people and

5 educators. The Congress has consistently supported

6 the Close Up Foundation’s work with disadvantaged

7 young people and their educators through the Allen

8 J. Ellender Fellowship Program. Therefore, it is fit9 ting and appropriate to continue support under the

10 successor Ellender-Close Up Fellowship Program to

11 students of limited economic means and the teachers

12 who work with such students, so that such students

13 and teachers may participate in the programs sup14 ported by the Close Up Foundation.

15 ‘‘(b) PROGRAM FOR MIDDLE AND SECONDARY

16 SCHOOL STUDENTS.—

17 ‘‘(1) ESTABLISHMENT.—

18 ‘‘(A) GENERAL AUTHORITY.—In accord19 ance with this subsection, the Secretary may

20 make grants to the Close Up Foundation of

21 Washington, District of Columbia, a non22 partisan, nonprofit foundation, for the purpose

23 of assisting the Close Up Foundation in car24 rying out its programs of increasing civic re25 sponsibility and understanding of the Federal
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1 Government among middle and secondary

2 school students.

3 ‘‘(B) USE OF FUNDS.—Grants under this

4 subsection shall be used only to provide finan5 cial assistance to economically disadvantaged

6 students who participate in the program de7 scribed in subparagraph (A). Financial assist8 ance received pursuant to this subsection by

9 such students shall be known as Ellender-Close

10 Up fellowships.

11 ‘‘(2) APPLICATIONS.—

12 ‘‘(A) APPLICATION REQUIRED.—No grant

13 under this subsection may be made except upon

14 an application at such time, in such manner,

15 and accompanied by such information as the

16 Secretary may reasonably require.

17 ‘‘(B) CONTENTS OF APPLICATION.—Each

18 application submitted under this paragraph

19 shall contain provisions to assure—

20 ‘‘(i) that fellowship grants are made

21 to economically disadvantaged middle and

22 secondary school students;

23 ‘‘(ii) that every effort will be made to

24 ensure the participation of students from

25 rural and small town areas, as well as from
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1 urban areas, and that in awarding fellow2 ships to economically disadvantaged stu3 dents, special consideration will be given to

4 the participation of students with special

5 educational needs, including students with

6 disabilities, ethnic minority students, re7 cent immigrants, and gifted and talented

8 students; and

9 ‘‘(iii) the proper disbursement of the

10 funds received under this subsection.

11 ‘‘(c) PROGRAM FOR MIDDLE AND SECONDARY

12 SCHOOL TEACHERS.—

13 ‘‘(1) ESTABLISHMENT.—

14 ‘‘(A) GENERAL AUTHORITY.—In accord15 ance with this subsection, the Secretary may

16 make grants to the Close Up Foundation of

17 Washington, District of Columbia, a non18 partisan, nonprofit foundation, for the purpose

19 of assisting the Close Up Foundation in car20 rying out its programs of professional develop21 ment for middle and secondary school teachers

22 and to promote greater civic understanding and

23 responsibility among the students of such teach24 ers.
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1 ‘‘(B) USE OF FUNDS.—Grants under this

2 subsection shall be used only for financial as3 sistance to teachers who participate in the pro4 gram described in subparagraph (A). Financial

5 assistance received pursuant to this subpart by

6 such individuals shall be known as Ellender7 Close Up fellowships.

8 ‘‘(2) APPLICATIONS.—

9 ‘‘(A) APPLICATION REQUIRED.—No grant

10 under this subsection may be made except upon

11 an application at such time, in such manner,

12 and accompanied by such information as the

13 Secretary may reasonably require.

14 ‘‘(B) CONTENTS OF APPLICATION.—Each

15 application submitted under this paragraph

16 shall contain provisions to assure—

17 ‘‘(i) that fellowship grants are made

18 only to teachers who have worked with at

19 least one student from such teacher’s

20 school who participates in the programs

21 described in subsection (b);

22 ‘‘(ii) that no teacher in each school

23 participating in the programs assisted

24 under subsection (b) may receive more

25 than one fellowship in any fiscal year; and
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1 ‘‘(iii) the proper disbursement of the

2 funds received under this subsection.

3 ‘‘(d) PROGRAMS FOR RECENT IMMIGRANTS AND STU4 DENTS OF MIGRANT PARENTS.—

5 ‘‘(1) ESTABLISHMENT.—

6 ‘‘(A) GENERAL AUTHORITY.—In accord7 ance with this subsection, the Secretary may

8 make grants to the Close Up Foundation of

9 Washington, District of Columbia, a non10 partisan, nonprofit foundation, for the purpose

11 of assisting the Close Up Foundation in car12 rying out its programs of increasing under13 standing of the Federal Government among

14 economically disadvantaged recent immigrants

15 and students of migrant parents.

16 ‘‘(B) USE OF FUNDS.—Grants under this

17 subsection shall be used for financial assistance

18 to economically disadvantaged older Americans,

19 recent immigrants and students of migrant par20 ents who participate in the program described

21 in subsection (a). Financial assistance received

22 pursuant to this subpart by such individuals

23 shall be known as Ellender-Close Up fellow24 ships.

25 ‘‘(2) APPLICATIONS.—
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1 ‘‘(A) APPLICATION REQUIRED.—No grant

2 under this subsection may be made except upon

3 application at such time, in such manner, and

4 accompanied by such information as the Sec5 retary may reasonably require.

6 ‘‘(B) CONTENTS OF APPLICATION.—Each

7 application submitted under this paragraph

8 shall contain provisions—

9 ‘‘(i) to assure that fellowship grants

10 are made to economically disadvantaged

11 recent immigrants and students of migrant

12 parents;

13 ‘‘(ii) to assure that every effort will be

14 made to ensure the participation of recent

15 immigrants and students of migrant par16 ents from rural and small town areas, as

17 well as from urban areas, and that in

18 awarding fellowships, special consideration

19 will be given to the participation of recent

20 immigrants and students of migrant par21 ents with special needs, including individ22 uals with disabilities, ethnic minorities, and

23 gifted and talented students;
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1 ‘‘(iii) that fully describe the activities

2 to be carried out with the proceeds of the

3 grant; and

4 ‘‘(iv) to assure the proper disburse5 ment of the funds received under this sub6 section.

7 ‘‘(e) GENERAL PROVISIONS.—

8 ‘‘(1) ADMINISTRATIVE PROVISIONS.—

9 ‘‘(A) GENERAL RULE.—Payments under

10 this section may be made in installments, in ad11 vance, or by way of reimbursement, with nec12 essary adjustments on account of underpayment

13 or overpayment.

14 ‘‘(B) AUDIT RULE.—The Comptroller Gen15 eral of the United States or any of the Comp16 troller General’s duly authorized representatives

17 shall have access for the purpose of audit and

18 examination to any books, documents, papers,

19 and records that are pertinent to any grant

20 under this section.

21 ‘‘(f) LIMITATION.—Of the funds appropriated to

22 carry out this section under section 1002, the Secretary

23 may use not more than 30 percent to carry out subsection

24 (c) of this section.
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1 ‘‘SEC. 1504. DROPOUT REPORTING.

2 ‘‘State educational agencies receiving funds under

3 this title shall annually report to the National Center on

4 Education Statistics (established under section 403 of the

5 National Education Statistics Act of 1994 (20 U.S.C.

6 9002)) on the dropout rate of students in the State, as

7 defined for the Center’s Common Core of Data.’’.

8 (b) CONTINUATION OF AWARDS.—Notwithstanding

9 any other provision of this Act, any person or agency that

10 was awarded a grant under part G of title X (20 U.S.C.

11 8161 et seq.) prior to the date of the enactment of this

12 Act shall continue to receive funds in accordance with the

13 terms of such award until the date on which the award

14 period terminates under such terms.

15 PART F—COMPREHENSIVE SCHOOL REFORM

16 SEC. 161. SCHOOL REFORM.

17 Part F of title I is amended to read as follows:

18 ‘‘PART F—COMPREHENSIVE SCHOOL REFORM

19 ‘‘SEC. 1601. COMPREHENSIVE SCHOOL REFORM.

20 ‘‘(a) FINDINGS AND PURPOSE.—

21 ‘‘(1) FINDINGS.—Congress finds the following:

22 ‘‘(A) A number of schools across the coun23 try have shown impressive gains in student per24 formance through the use of comprehensive

25 models for schoolwide change that incorporate

26 virtually all aspects of school operations.
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1 ‘‘(B) No single comprehensive school re2 form model may be suitable for every school,

3 however, schools should be encouraged to exam4 ine successful, externally developed comprehen5 sive school reform approaches as they under6 take comprehensive school reform.

7 ‘‘(C) Comprehensive school reform is an

8 important means by which children are assisted

9 in meeting challenging State student academic

10 achievement standards.

11 ‘‘(2) PURPOSE.—The purpose of this section is

12 to provide financial incentives for schools to develop

13 comprehensive school reforms, based upon scientif14 ically-based research and effective practices that in15 clude an emphasis on basic academics and parental

16 involvement so that all children can meet challenging

17 State content and academic achievement standards.

18 ‘‘(b) PROGRAM AUTHORIZED.—

19 ‘‘(1) IN GENERAL.—The Secretary is authorized

20 to provide grants to State educational agencies to

21 provide subgrants to local educational agencies to

22 carry out the purpose described in subsection (a)(2).

23 ‘‘(2) ALLOCATION.—
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1 ‘‘(A) RESERVATION.—Of the amount ap2 propriated under this section, the Secretary

3 may reserve—

4 ‘‘(i) not more than 1 percent for

5 schools supported by the Bureau of Indian

6 Affairs and in the United States Virgin Is7 lands, Guam, American Samoa, and the

8 Commonwealth of the Northern Mariana

9 Islands;

10 ‘‘(ii) not more than 1 percent to con11 duct national evaluation activities de12 scribed under subsection (e); and

13 ‘‘(iii) not more than 2 percent of the

14 amount appropriated in fiscal year 2002 to

15 carry out this part, for quality initiatives

16 described under subsection (f).

17 ‘‘(B) IN GENERAL.—Of the amount of

18 funds remaining after the reservation under

19 subparagraph (A), the Secretary shall allocate

20 to each State for a fiscal year, an amount that

21 bears the same ratio to the remainder for that

22 fiscal year as the amount made available under

23 section 1124 to the State for the preceding fis24 cal year bears to the total amount allocated

25 under section 1124 to all States for that year.
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1 ‘‘(C) REALLOCATION.—If a State does not

2 apply for funds under this section, the Sec3 retary shall reallocate such funds to other

4 States that do apply in proportion to the

5 amount allocated to such States under subpara6 graph (B).

7 ‘‘(c) STATE AWARDS.—

8 ‘‘(1) STATE APPLICATION.—

9 ‘‘(A) IN GENERAL.—Each State edu10 cational agency that desires to receive a grant

11 under this section shall submit an application to

12 the Secretary at such time, in such manner and

13 containing such other information as the Sec14 retary may reasonably require.

15 ‘‘(B) CONTENTS.—Each State application

16 shall also describe—

17 ‘‘(i) the process and selection criteria

18 by which the State educational agency,

19 using expert review, will select local edu20 cational agencies to receive subgrants

21 under this section;

22 ‘‘(ii) how the agency will ensure that

23 funds under this part are used only for

24 comprehensive school reform programs

25 that—
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1 ‘‘(I) include each of the compo2 nents described in subsection (d)(2);

3 ‘‘(II) have the capacity to im4 prove the academic achievement of all

5 students in core academic subjects

6 within participating schools; and

7 ‘‘(III) are supported by technical

8 assistance providers that have a suc9 cessful track record, financial sta10 bility, and the capacity to deliver

11 high-quality materials and profes12 sional development for school per13 sonnel.

14 ‘‘(iii) how the agency will disseminate

15 materials regarding information on com16 prehensive school reforms that are based

17 on scientifically-based research and effec18 tive practices;

19 ‘‘(iv) how the agency will evaluate an20 nually the implementation of such reforms

21 and measure the extent to which the re22 forms resulted in increased student aca23 demic performance; and

24 ‘‘(v) how the agency will provide, tech25 nical assistance to the local educational
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1 agency or consortia of local educational

2 agencies, and to participating schools, in

3 evaluating, developing, and implementing

4 comprehensive school reform.

5 ‘‘(2) USES OF FUNDS.—

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

7 subparagraph (E), a State educational agency

8 that receives an award under this section shall

9 use such funds to provide competitive grants to

10 local educational agencies or consortia of local

11 educational agencies in the State receiving

12 funds under part A to support comprehensive

13 school reforms in schools eligible for funds

14 under such part.

15 ‘‘(B) GRANT REQUIREMENTS.—A grant to

16 a local educational agency or consortium shall

17 be—

18 ‘‘(i) of sufficient size and scope to

19 support the initial costs of the comprehen20 sive school reforms selected or designed by

21 each school identified in the application of

22 the local educational agency or consortium;

23 ‘‘(ii) in an amount not less than

24 $50,000 to each participating school; and
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1 ‘‘(iii) renewable for two additional 1-

2 year periods after the initial 1-year grant

3 is made if schools are making substantial

4 progress in the implementation of their re5 forms.

6 ‘‘(C) PRIORITY.—The State, in awarding

7 grants under this paragraph, shall give priority

8 to local educational agencies that—

9 ‘‘(i) plan to use the funds in schools

10 identified as being in need of improvement

11 or corrective action under section 1116(c);

12 or

13 ‘‘(ii) demonstrate a commitment to

14 assist schools with budget allocation, pro15 fessional development, and other strategies

16 necessary to ensure the comprehensive

17 school reforms are properly implemented

18 and are sustained in the future.

19 ‘‘(D) GRANT CONSIDERATION.—In making

20 subgrant awards under this part, the State edu21 cational agency shall take into account the equi22 table distribution of awards to different geo23 graphic regions within the State, including

24 urban and rural areas, and to schools serving

25 elementary and secondary students.
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1 ‘‘(E) ADMINISTRATIVE COSTS.—A State

2 educational agency that receives a grant award

3 under this section may reserve not more than 5

4 percent of such award for administrative, eval5 uation, and technical assistance expenses.

6 ‘‘(F) SUPPLEMENT.—Funds made avail7 able under this section shall be used to supple8 ment, not supplant, any other Federal, State,

9 or local funds that would otherwise be available

10 to carry out this section.

11 ‘‘(3) REPORTING.—Each State educational

12 agency that receives an award under this section

13 shall provide to the Secretary such information as

14 the Secretary may require, including the names of

15 local educational agencies and schools selected to re16 ceive subgrant awards under this section, the

17 amount of such award, a description of the com18 prehensive school reforms selected and in use and a

19 copy of the State’s annual evaluation of the imple20 mentation of comprehensive school reforms sup21 ported under this part and student achievement re22 sults.

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

2 agency or consortium that applies for a subgrant

3 under 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 consor13 tium will provide technical assistance and sup14 port for the effective implementation of the

15 school reforms based on scientifically-based re16 search and effective practices selected by such

17 schools; and

18 ‘‘(D) describe how the agency or consor19 tium will evaluate the implementation of such

20 reforms and measure the results achieved in im21 proving student academic performance.

22 ‘‘(2) COMPONENTS OF THE PROGRAM.—A local

23 educational agency that receives a subgrant award

24 under this section shall provide such funds to
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1 schools that implement a comprehensive school re2 form program that—

3 ‘‘(A) employs proven strategies and proven

4 methods for student learning, teaching, and

5 school management that are based on scientif6 ically-based research and effective practices and

7 have been replicated successfully in similar

8 schools;

9 ‘‘(B) integrates a comprehensive design for

10 effective school functioning, including instruc11 tion, assessment, classroom management, pro12 fessional development, parental involvement,

13 and school management, that aligns the school’s

14 curriculum, technology, and professional devel15 opment into a comprehensive reform plan for

16 schoolwide change designed to enable all stu17 dents to meet challenging State content and

18 challenging student performance standards and

19 addresses needs identified through a school

20 needs assessment;

21 ‘‘(C) provides high-quality and continuous

22 teacher and staff professional development;

23 ‘‘(D) includes measurable goals for student

24 performance and benchmarks for meeting such

25 goals;
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1 ‘‘(E) is supported by teachers, principals,

2 administrators, and other professional staff;

3 ‘‘(F) provides for the meaningful involve4 ment of parents and the local community in

5 planning and implementing school improvement

6 activities;

7 ‘‘(G) uses high quality external technical

8 support and assistance from an entity, which

9 may be an institution of higher education, with

10 experience and expertise in schoolwide reform

11 and improvement;

12 ‘‘(H) includes a plan for the annual eval13 uation of the implementation of school reforms

14 and the student results achieved;

15 ‘‘(I) identifies how other resources, includ16 ing Federal, State, local, and private resources,

17 available to the school will be used to coordinate

18 services to support and sustain the school re19 form effort; and

20 ‘‘(J)(i) has been found, through rigorous

21 field experiments in multiple sites, to signifi22 cantly improve the academic performance of

23 students participating in such activity or pro24 gram as compared to similar students in similar
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1 schools, who have not participated in such ac2 tivity or program; or

3 ‘‘(ii) has been found to have strong evi4 dence that such model will significantly improve

5 the performance of participating children.

6 ‘‘(3) SPECIAL RULE.—A school that receives

7 funds to develop a comprehensive school reform pro8 gram shall not be limited to using nationally avail9 able approaches, but may develop its own com10 prehensive school reform program for schoolwide

11 change that complies with paragraph (2).

12 ‘‘(e) EVALUATION AND REPORT.—

13 ‘‘(1) IN GENERAL.—The Secretary shall develop

14 a plan for a national evaluation of the programs de15 veloped pursuant to this section.

16 ‘‘(2) EVALUATION.—This national evaluation

17 shall evaluate the implementation and results

18 achieved by schools after 3 years of implementing

19 comprehensive school reforms, and assess the effec20 tiveness of comprehensive school reforms in schools

21 with diverse characteristics.

22 ‘‘(3) REPORTS.—Prior to the completion of a

23 national evaluation, the Secretary shall submit an

24 interim report outlining first year implementation

25 activities to the Committees on Education and the
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1 Workforce and Appropriations of the House of Rep2 resentatives and the Committees on Health, Edu3 cation, Labor, and Pensions and Appropriations of

4 the Senate.

5 ‘‘(f) QUALITY INITIATIVES.—The Secretary, through

6 grants or contracts, shall provide funds for the following

7 activities:

8 ‘‘(1) TECHNICAL ASSISTANCE.—A joint public

9 and private partnership that receives matching funds

10 from private organizations, in order to assist States,

11 local educational agencies, and schools in making in12 formed decisions when approving or selecting pro13 viders of comprehensive school reform, consistent

14 with the requirements described in subsection (d)(3).

15 ‘‘(2) OTHER ACTIVITIES.—Other activities

16 that—

17 ‘‘(A) encourage the development of com18 prehensive reform models;

19 ‘‘(B) build the capacity of comprehensive

20 school reform providers to increase the number

21 of schools the providers can serve; and

22 ‘‘(C) ensure that schools served receive

23 high quality services that meet the needs of

24 their 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

15 education policy focuses on the specific and unique

16 needs of rural school districts and schools.

17 ‘‘(2) Small school districts often cannot use

18 Federal grant funds distributed by formula because

19 the formula allocation does not provide enough rev20 enue to carry out the program the grant is intended

21 to fund.

22 ‘‘(3) Rural schools often cannot compete for

23 Federal funding distributed by competitive grants

24 because the schools lack the personnel needed to

25 prepare grant applications and the resources to hire

26 specialists in 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 read4 ing, science, and mathematics). As a result, teachers

5 in rural schools are almost twice as likely to provide

6 instruction in three or more subject areas than

7 teachers in urban schools. Rural schools also face

8 other tough challenges, such as shrinking local tax

9 bases, high transportation costs, aging buildings,

10 limited course 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

17 eligible to receive from the State educational agency

18 for a fiscal year, to carry out local activities author19 ized in part A of title I, part A of title II, part A

20 of title III, part A of title IV, or part A or B of title

21 V.

22 ‘‘(2) NOTIFICATION.—An eligible local edu23 cational agency shall notify the State educational

24 agency of the local educational agency’s intention to

25 use the applicable funding in accordance with para-
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1 graph (1) not later than a date that is established

2 by 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 av8 erage daily attendance at all of the schools

9 served by the local educational agency is less

10 than 600; 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 Sec17 retary, in accordance with paragraph (2),

18 grants the local educational agency’s request to

19 waive the criteria described in subparagraph

20 (A)(ii).

21 ‘‘(2) CERTIFICATION.—The Secretary shall de22 termine whether or not to waive the criteria de23 scribed in paragraph (1)(A)(ii) based on a dem24 onstration by a local educational agency and concur25 rence by the State educational agency that the local
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1 educational agency is located in an area defined as

2 rural by a governmental agency of the State.

3 ‘‘(c) APPLICABLE FUNDING.—In this section, the

4 term ‘applicable funding’ means funds provided under

5 part A of title II, section 3106, part A of title IV, subpart

6 1 of part A of title V, and section 5212(a)(2)(A).

7 ‘‘(d) DISBURSEMENT.—Each State educational agen8 cy that receives applicable funding for a fiscal year shall

9 disburse the applicable funding to local educational agen10 cies for alternative uses under this section for the fiscal

11 year at the same time that the State educational agency

12 disburses the applicable funding to local educational agen13 cies that do not intend to use the applicable funding for

14 such alternative uses for the fiscal year.

15 ‘‘(e) SUPPLEMENT NOT SUPPLANT.—Funds used

16 under this section shall be used to supplement and not

17 supplant any other Federal, State, or local education

18 funds that would otherwise be available for the purpose

19 of this 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 applica23 ble to the funds allocated by the Secretary under the provi24 sion 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

5 to support local or statewide education reform efforts in6 tended to improve the academic achievement of elementary

7 school and secondary school students and the quality of

8 instruction 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

16 under the provisions of law described under section

17 1711(c) 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

22 daily attendance in such eligible agency plus

23 $20,000, except that the initial amount may not ex24 ceed $60,000.

25 ‘‘(3) RATABLE ADJUSTMENT.—
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1 ‘‘(A) IN GENERAL.—If the amount made

2 available for this subpart for any fiscal year is

3 not sufficient to pay in full the amounts that

4 local educational agencies are eligible to receive

5 under paragraph (1) for such year, the Sec6 retary shall ratably reduce such amounts for

7 such year.

8 ‘‘(B) ADDITIONAL AMOUNTS.—If addi9 tional funds become available for making pay10 ments under paragraph (1) for such fiscal year,

11 payments that were reduced under subpara12 graph (A) shall be increased on the same basis

13 as such payments were reduced.

14 ‘‘(4) CENSUS DETERMINATION.—

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

16 agency desiring a grant under this section shall

17 conduct a census not later than December 1 of

18 each year to determine the number of kinder19 garten through grade 12 students in average

20 daily attendance at the schools served by the

21 local educational agency.

22 ‘‘(B) SUBMISSION.—Each local educational

23 agency shall submit the number described in

24 subparagraph (A) to the Secretary not later

25 than March 1 of each year.
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1 ‘‘(c) DISBURSAL.—The Secretary shall disburse the

2 funds awarded to a local educational agency under this

3 section for a fiscal year not later than July 1 of that year.

4 ‘‘(d) SPECIAL RULE.—A local educational agency

5 that is eligible to receive a grant under this subpart for

6 a fiscal year shall be ineligible to receive funds for such

7 fiscal year under subpart 2.

8 ‘‘(e) SUPPLEMENT NOT SUPPLANT.—Funds made

9 available under this section shall be used to supplement

10 and not supplant any other Federal, State, or local edu11 cation funds.

12 ‘‘SEC. 1713. ACCOUNTABILITY.

13 ‘‘(a) ACADEMIC ACHIEVEMENT.—

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

15 agency that uses or receives funds under section

16 1711 or 1712 for a fiscal year shall administer an

17 assessment consistent with section 1111.

18 ‘‘(2) SPECIAL RULE.—Each local educational

19 agency that uses or receives funds under section

20 1711 or 1712 shall use the same assessment de21 scribed in paragraph (1) for each year of participa22 tion in the program under such section.

23 ‘‘(b) STATE EDUCATIONAL AGENCY DETERMINATION

24 REGARDING CONTINUING PARTICIPATION.—Each State
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1 educational agency that receives funding under the provi2 sions of law described in section 1711(c) shall—

3 ‘‘(1) after the second year that a local edu4 cational agency participates in a program under sec5 tion 1711 or 1712 and on the basis of the results

6 of the assessments described in subsection (a), deter7 mine whether the schools served by the local edu8 cational agency participating in the program per9 formed in accordance with section 1111; and

10 ‘‘(2) only permit those local educational agen11 cies that so participated and make adequate yearly

12 progress, as described in section 1111(b)(2), to con13 tinue to so participate.

14 ‘‘Subpart 2—Rural Education Assistance

15 ‘‘SEC. 1721. PROGRAM AUTHORIZED.

16 ‘‘(a) RESERVATIONS.—From amounts appropriated

17 under section 1002(f) for this subpart for a fiscal year,

the Secretary shall reserve 1 18 ⁄2 of 1 percent to make awards

19 to elementary or secondary schools operated or supported

20 by the Bureau of Indian Affairs to carry out the purpose

21 of this subpart.

22 ‘‘(b) GRANTS TO STATES.—

23 ‘‘(1) IN GENERAL.—From amounts appro24 priated under section 1002(f) for this subpart that

25 are not reserved under subsection (a), the Secretary
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1 shall award grants for a fiscal year to State edu2 cational agencies that have applications approved

3 under section 1723 to enable the State educational

4 agencies to award subgrants to eligible local edu5 cational agencies for local authorized activities de6 scribed in subsection (c)(2).

7 ‘‘(2) ALLOCATION.—From amounts appro8 priated for this subpart, the Secretary shall allocate

9 to each State educational agency for a fiscal year an

10 amount that bears the same ratio to the amount of

11 funds appropriated under section 1002(f) for this

12 subpart that are not reserved under subsection (a)

13 as the number of students in average daily attend14 ance served by eligible local educational agencies in

15 the State bears to the number of all such students

16 served by eligible local educational agencies in all

17 States for that fiscal year.

18 ‘‘(3) DIRECT AWARDS TO SPECIALLY QUALI19 FIED AGENCIES.—

20 ‘‘(A) NONPARTICIPATING STATE.—If a

21 State educational agency elects not to partici22 pate in the program under this subpart or does

23 not have an application approved under section

24 1723 a specially qualified agency in such State

25 desiring a grant under this subpart shall submit
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1 an application under such section directly to the

2 Secretary to receive an award under this sub3 part.

4 ‘‘(B) DIRECT AWARDS TO SPECIALLY

5 QUALIFIED AGENCIES.—The Secretary may

6 award, on a competitive basis, the amount the

7 State educational agency is eligible to receive

8 under paragraph (2) directly to specially quali9 fied agencies in the State.

10 ‘‘(c) LOCAL AWARDS.—

11 ‘‘(1) ELIGIBILITY.—A local educational agency

12 shall be eligible to receive funds under this subpart

13 if—

14 ‘‘(A) 20 percent or more of the children

15 aged 5 to 17, inclusive, served by the local edu16 cational agency are from families with incomes

17 below the poverty line; and

18 ‘‘(B) all of the schools served by the agen19 cy are designated with a school code of 6, 7, or

20 8 as determined by the Secretary of Education.

21 ‘‘(2) USES OF FUNDS.—Grant funds awarded

22 to local educational agencies or made available to

23 schools under this subpart shall be used for—
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1 ‘‘(A) teacher recruitment and retention, in2 cluding the use of signing bonuses and other fi3 nancial incentives;

4 ‘‘(B) teacher professional development, in5 cluding programs that train teachers to utilize

6 technology to improve teaching and to train

7 special needs teachers;

8 ‘‘(C) educational technology, including

9 software and hardware as described in part B

10 of title V;

11 ‘‘(D) parental involvement activities; or

12 ‘‘(E) programs to improve student aca13 demic achievement.

14 ‘‘SEC. 1722. STATE DISTRIBUTION OF FUNDS.

15 ‘‘(a) AWARD BASIS.—A State educational agency

16 shall award grants to eligible local educational agencies—

17 ‘‘(1) on a competitive basis; or

18 ‘‘(2) according to a formula based on the num19 ber of students in average daily attendance served

20 by the eligible local educational agencies or schools

21 (as appropriate) in the State, as determined by the

22 State.

23 ‘‘(b) ADMINISTRATIVE COSTS.—A State educational

24 agency receiving a grant under this subpart may not use
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1 more than 5 percent of the amount of the grant for State

2 administrative costs.

3 ‘‘SEC. 1723. APPLICATIONS.

4 ‘‘Each State educational agency and specially quali5 fied agency desiring to receive a grant under this subpart

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

7 in such manner, and accompanied by such information as

8 the Secretary may require. Such application shall include

9 specific measurable goals and objectives relating to in10 creased student academic achievement, decreased student

11 dropout rates, or such other factors that the State edu12 cational agency or specially qualified agency may choose

13 to measure.

14 ‘‘SEC. 1724. REPORTS.

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

16 agency that receives a grant under this subpart shall pro17 vide an annual report to the Secretary. The report shall

18 describe—

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

20 used to award grants to eligible local educational

21 agencies and to provide assistance to schools under

22 this subpart;

23 ‘‘(2) how local educational agencies and schools

24 used funds provided under this subpart; and
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1 ‘‘(3) the degree to which progress has been

2 made toward meeting the goals and objectives de3 scribed in the application submitted under section

4 1723.

5 ‘‘(b) SPECIALLY QUALIFIED AGENCY REPORT.—

6 Each specially qualified agency that receives a grant under

7 this subpart shall provide an annual report to the Sec8 retary. Such report shall describe—

9 ‘‘(1) how such agency uses funds provided

10 under this subpart; and

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

12 made toward meeting the goals and objectives de13 scribed in the application submitted under section

14 1723.

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

16 prepare and submit to the Committee on Education and

17 the Workforce for the House of Representatives and the

18 Committee on Health, Education, Labor, and Pensions for

19 the Senate an annual report. The report shall describe—

20 ‘‘(1) the methods the State educational agency

21 used to award grants to eligible local educational

22 agencies and to provide assistance to schools under

23 this subpart;

24 ‘‘(2) how eligible local educational agencies and

25 schools used funds provided under this subpart; and
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1 ‘‘(3) progress made in meeting specific measur2 able educational goals and objectives.

3 ‘‘SEC. 1725. PERFORMANCE REVIEW.

4 ‘‘Three years after a State educational agency or spe5 cially qualified agency receives funds under this part, the

6 Secretary shall review the progress of such agency toward

7 achieving the goals and objectives included in its applica8 tion, to determine whether the agency has made progress

9 toward meeting such goals and objectives. To review the

10 performance of each agency, the Secretary shall—

11 ‘‘(1) review the use of funds of such agency

12 under section 1721(c)(2); and

13 ‘‘(2) deny the provision of additional funds in

14 subsequent fiscal years to an agency only if the Sec15 retary determines, after notice and an opportunity

16 for a hearing, that the agency’s use of funds has

17 been inadequate to justify continuation of such fund18 ing.

19 ‘‘SEC. 1726. DEFINITIONS.

20 ‘‘In this subpart—

21 ‘‘(1) The term ‘poverty line’ means the poverty

22 line (as defined by the Office of Management and

23 Budget, and revised annually in accordance with sec24 tion 673(2) of the Community Services Block Grant
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1 Act (42 U.S.C. 9902(2))) applicable to a family of

2 the size involved.

3 ‘‘(2) The term ‘specially qualified agency’

4 means an eligible local educational agency, located in

5 a State that does not participate in a program under

6 this subpart in a fiscal year, that may apply directly

7 to the Secretary for a grant in such year under sec8 tion 1721(b)(3)(A).

9 ‘‘Subpart 3—General Provisions

10 ‘‘SEC. 1731. DEFINITION.

11 ‘‘In this part, the term ‘State’ means each of the 50

12 States, the District of Columbia, and the Commonwealth

13 of Puerto Rico.’’.

14 PART H—GENERAL PROVISIONS OF TITLE I

15 SEC. 181. GENERAL PROVISIONS.

16 Title I is amended further by adding at the end the

17 following:

18 ‘‘PART H—GENERAL PROVISIONS

19 ‘‘SEC. 1801. FEDERAL REGULATIONS.

20 ‘‘(a) IN GENERAL.—The Secretary is authorized to

21 issue such regulations as are necessary to ensure reason22 able compliance with this title.

23 ‘‘(b) NEGOTIATED RULEMAKING PROCESS.—

24 ‘‘(1) IN GENERAL.—Prior to publishing in the

25 Federal Register proposed regulations to carry out
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1 this title, the Secretary shall obtain the advice and

2 recommendations of representatives of Federal,

3 State, and local administrators, parents, teachers,

4 paraprofessionals, and members of local boards of

5 education involved with the implementation and op6 eration of programs under this title.

7 ‘‘(2) MEETINGS AND ELECTRONIC EX8 CHANGE.—Such advice and recommendation may be

9 obtained through such mechanisms as regional meet10 ings and electronic exchanges of information.

11 ‘‘(3) PROPOSED REGULATIONS.—After obtain12 ing such advice and recommendations, and prior to

13 publishing proposed regulations, the Secretary

14 shall—

15 ‘‘(A) establish a negotiated rulemaking

16 process on a minimum of three key issues,

17 including—

18 ‘‘(i) accountability;

19 ‘‘(ii) implementation of assessments;

20 and

21 ‘‘(iii) use of paraprofessionals;

22 ‘‘(B) select individuals to participate in

23 such process from among individuals or groups

24 which provided advice and recommendations, in-
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1 cluding representation from all geographic re2 gions of the United States; and

3 ‘‘(C) prepare a draft of proposed regula4 tions that shall be provided to the individuals

5 selected by the Secretary under subparagraph

6 (B) not less than 15 days prior to the first

7 meeting under such process.

8 ‘‘(4) PROCESS.—Such process—

9 ‘‘(A) shall be conducted in a timely manner

10 to ensure that final regulations are issued by

11 the Secretary not later than 1 year after the

12 date of the enactment of the No Child Left Be13 hind Act of 2001; and

14 ‘‘(B) shall not be subject to the Federal

15 Advisory Committee Act but shall otherwise fol16 low the provisions of the Negotiated Rule17 making Act of 1990 (5 U.S.C. 561 et seq.).

18 ‘‘(5) EMERGENCY SITUATION.—In an emer19 gency situation in which regulations to carry out this

20 title must be issued within a very limited time to as21 sist State and local educational agencies with the op22 eration of a program under this title, the Secretary

23 may issue proposed regulations without following

24 such process but shall, immediately thereafter and
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1 prior to issuing final regulations, conduct regional

2 meetings to review such proposed regulations.

3 ‘‘(c) LIMITATION.—Regulations to carry out this part

4 may not require local programs to follow a particular in5 structional model, such as the provision of services outside

6 the regular classroom or school program.

7 ‘‘SEC. 1802. AGREEMENTS AND RECORDS.

8 ‘‘(a) AGREEMENTS.—All published proposed regula9 tions shall conform to agreements that result from nego10 tiated rulemaking described in section 1801 unless the

11 Secretary reopens the negotiated rulemaking process or

12 provides a written explanation to the participants involved

13 in the process explaining why the Secretary decided to de14 part from and not adhere to such agreements.

15 ‘‘(b) RECORDS.—The Secretary shall ensure that an

16 accurate and reliable record of agreements reached during

17 the negotiations process is maintained.

18 ‘‘SEC. 1803. STATE ADMINISTRATION.

19 ‘‘(a) RULEMAKING.—

20 ‘‘(1) IN GENERAL.—Each State that receives

21 funds under this title shall—

22 ‘‘(A) ensure that any State rules, regula23 tions, and policies relating to this title conform

24 to the purposes of this title and provide any

25 such proposed rules, regulations, and policies to
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1 the committee of practitioners under subsection

2 (b) for their review and comment;

3 ‘‘(B) minimize such rules, regulations, and

4 policies to which their local educational agencies

5 and schools are subject;

6 ‘‘(C) eliminate or modify State and local

7 fiscal accounting requirements in order to facili8 tate the ability of schools to consolidate funds

9 under schoolwide programs; and

10 ‘‘(D) identify any such rule, regulation, or

11 policy as a State-imposed requirement.

12 ‘‘(2) SUPPORT AND FACILITATION.—State

13 rules, regulations, and policies under this title shall

14 support and facilitate local educational agency and

15 school-level systemic reform designed to enable all

16 children to meet the challenging State student aca17 demic achievement standards.

18 ‘‘(b) COMMITTEE OF PRACTITIONERS.—

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

20 agency shall create a State committee of practi21 tioners to advise the State in carrying out its re22 sponsibilities under this title.

23 ‘‘(2) MEMBERSHIP.—Each such committee

24 shall include—
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1 ‘‘(A) as a majority of its members, rep2 resentatives from local educational agencies;

3 ‘‘(B) administrators, including the admin4 istrators of programs described in other parts

5 of this title;

6 ‘‘(C) teachers, including vocational edu7 cators;

8 ‘‘(D) parents;

9 ‘‘(E) members of local boards of education;

10 ‘‘(F) representatives of private school chil11 dren; and

12 ‘‘(G) pupil services personnel.

13 ‘‘(3) DUTIES.—The duties of such committee

14 shall include a review, prior to publication, of any

15 proposed or final State rule or regulation pursuant

16 to this title. In an emergency situation where such

17 rule or regulation must be issued within a very lim18 ited time to assist local educational agencies with

19 the operation of the program under this title, the

20 State educational agency may issue a regulation

21 without prior consultation, but shall immediately

22 thereafter convene the State committee of practi23 tioners to review the emergency regulation prior to

24 issuance in final form.
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1 ‘‘SEC. 1804. LOCAL ADMINISTRATIVE COST LIMITATION.

2 ‘‘(a) LOCAL ADMINISTRATIVE COST LIMITATION.—

3 Each local educational agency may use not more than 4

4 percent of funds received under part A for administrative

5 expenses.

6 ‘‘(b) REGULATIONS.—The Secretary, after consulting

7 with State and local officials and other experts in school

8 finance, shall develop and issue regulations that define the

9 term administrative cost for purposes of this title. Such

10 definition shall be consistent with generally accepted ac11 counting principles. The Secretary shall publish final regu12 lations on this section not later than 1 year after the date

13 of the enactment of the No Child Left Behind Act of 2001.

14 ‘‘SEC. 1805. APPLICABILITY.

15 ‘‘Nothing in this title shall be construed to affect

16 home schools nor shall any home schooled student be re17 quired to participate in any assessment referenced in this

18 title.

19 ‘‘SEC. 1806. PRIVATE SCHOOLS.

20 ‘‘Nothing in this title shall be construed to affect any

21 private school that does not receive funds or services under

22 this title, nor shall any student who attends a private

23 school that does not receive funds or services under this

24 title be required to participate in any assessment ref25 erenced in this title.
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1 ‘‘SEC. 1807. PRIVACY OF ASSESSMENT RESULTS.

2 ‘‘Any results from individual assessments referenced

3 in this title which become part of the education records

4 of the student shall have the protections as provided in

5 section 444 of the General Education Provisions Act.’’.

6 TITLE II—PREPARING, TRAIN7 ING, AND RECRUITING QUAL8 ITY TEACHERS

9 SEC. 201. TEACHER QUALITY TRAINING AND RECRUITING

10 FUND.

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

12 as follows:

13 ‘‘TITLE II—PREPARING, TRAIN14 ING, AND RECRUITING QUAL15 ITY TEACHERS

16 ‘‘PART A—TEACHER QUALITY TRAINING AND

17 RECRUITING FUND

18 ‘‘SEC. 2001. PURPOSE.

19 ‘‘The purpose of this part is to provide grants to

20 States and local educational agencies in order to assist

21 their efforts to increase student academic achievement

22 through such strategies as improving teacher and prin23 cipal quality and increasing the number of highly qualified

24 teachers in the classroom.
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1 ‘‘Subpart 1—Grants to States to Prepare, Train, and

2 Recruit Qualified Teachers

3 ‘‘SEC. 2011. FORMULA GRANTS TO STATES.

4 ‘‘(a) IN GENERAL.—In the case of each State that

5 in accordance with section 2013 submits to the Secretary

6 an application for a fiscal year, the Secretary shall make

7 a grant for the year to the State for the uses specified

8 in section 2012. The grant shall consist of the allotment

9 determined for the State under subsection (b).

10 ‘‘(b) DETERMINATION OF AMOUNT OF ALLOT11 MENTS.—

12 ‘‘(1) RESERVATION OF FUNDS.—From the

13 amount made available to carry out this subpart for

14 any fiscal year, the Secretary shall reserve—

‘‘(A) 1 15 ⁄2 of 1 percent for allotments for the

16 Virgin Islands, Guam, American Samoa, and

17 the Commonwealth of the Northern Mariana Is18 lands, to be distributed among these outlying

19 areas on the basis of their relative need, as de20 termined by the Secretary in accordance with

21 the purpose of this part; and

‘‘(B) 1 22 ⁄2 of 1 percent for the Secretary of

23 the Interior for programs under this subpart

24 for professional development activities for

25 teachers, other staff, and administrators in
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1 schools operated or funded by the Bureau of In2 dian Affairs.

3 ‘‘(2) STATE ALLOTMENTS.—

4 ‘‘(A) HOLD HARMLESS.—

5 ‘‘(i) IN GENERAL.—Subject to sub6 paragraph (B), from the total amount

7 made available to carry out this subpart

8 for any fiscal year and not reserved under

9 paragraph (1), the Secretary shall allot to

10 each of the 50 States, the District of Co11 lumbia, and the Commonwealth of Puerto

12 Rico an amount equal to the total amount

13 that such State received for fiscal year

14 2001 under—

15 ‘‘(I) section 2202(b) of this Act

16 (as in effect on the day before the

17 date of the enactment of the No Child

18 Left Behind Act of 2001); and

19 ‘‘(II) section 306 of the Depart20 ment of Education Appropriations

21 Act, 2001 (as enacted into law by sec22 tion 1(a)(1) of Public Law 106–554).

23 ‘‘(ii) NONPARTICIPATING STATES.—In

24 the case of a State that did not receive any

25 funds for fiscal year 2001 under one or
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1 both of the provisions referred to in sub2 clauses (I) and (II) of clause (i), the

3 amount allotted to the State under such

4 clause shall be the total amount that the

5 State would have received for fiscal year

6 2001 if it had elected to participate in all

7 of the programs for which it was eligible

8 under each of the provisions referred to in

9 such subclauses.

10 ‘‘(iii) RATABLE REDUCTION.—If the

11 total amount made available to carry out

12 this subpart for any fiscal year and not re13 served under paragraph (1) is insufficient

14 to pay the full amounts that all States are

15 eligible to receive under clause (i) for any

16 fiscal year, the Secretary shall ratably re17 duce such amounts for such fiscal year.

18 ‘‘(B) ALLOTMENT OF ADDITIONAL

19 FUNDS.—

20 ‘‘(i) IN GENERAL.—Subject to clause

21 (ii), for any fiscal year for which the total

22 amount made available to carry out this

23 subpart and not reserved under paragraph

24 (1) exceeds the total amount required to

25 make allotments under subparagraph (A),
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1 the Secretary shall allot such excess

2 amount among the 50 States, the District

3 of Columbia, and the Commonwealth of

4 Puerto Rico as follows:

5 ‘‘(I) 50 percent of such excess

6 amount shall be allotted among such

7 States on the basis of their relative

8 populations of individuals aged 5

9 through 17, as determined by the Sec10 retary on the basis of the most recent

11 satisfactory data.

12 ‘‘(II) 50 percent of such excess

13 amount shall be allotted among such

14 States in proportion to the number of

15 children, aged 5 to 17, who reside

16 within the State from families with in17 comes below the poverty line (as de18 fined by the Office of Management

19 and Budget and revised annually in

20 accordance with section 673(2) of the

21 Community Services Block Grant Act

22 (42 U.S.C. 9902(2)) applicable to a

23 family of the size involved for the

24 most recent fiscal year for which sat25 isfactory data are available, compared
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1 to the number of such individuals who

2 reside in all such States for that fiscal

3 year.

4 ‘‘(ii) EXCEPTION.—No State receiving

5 an allotment under clause (i) may receive

less than 1 6 ⁄2 of 1 percent of the total ex7 cess amount allotted under such clause.

8 ‘‘(3) REALLOTMENT.—If any State does not

9 apply for an allotment under this subsection for any

10 fiscal year, the Secretary shall reallot such amount

11 to the remaining States in accordance with this sub12 section.

13 ‘‘SEC. 2012. WITHIN-STATE ALLOCATIONS.

14 ‘‘(a) USE OF FUNDS.—Each State receiving a grant

15 under this subpart shall use the funds provided under the

16 grant in accordance with this section to carry out activities

17 for the improvement of teaching and learning.

18 ‘‘(b) RESERVATION OF FUNDS.—

19 ‘‘(1) IN GENERAL.—A State that receives a

20 grant under this subpart may reserve not more than

21 5 percent of the amount of the funds provided under

22 the grant for—

23 ‘‘(A) one or more of the authorized State

24 activities described in subsection (e); and
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1 ‘‘(B) planning and administration related

2 to carrying out such activities and making sub3 grants to local educational agencies under sub4 parts 2 and 3.

5 ‘‘(2) LIMITATION ON ADMINISTRATIVE COSTS.—

6 The amount reserved by a State under paragraph

7 (1)(B) may not exceed 1 percent of the amount of

8 the funds provided under the grant.

9 ‘‘(c) SUBGRANTS TO LOCAL EDUCATIONAL AGEN10 CIES.—

11 ‘‘(1) IN GENERAL.—The Secretary may make a

12 grant to a State under this subpart only if the State

13 agrees to distribute the funds described in this sub14 section as subgrants to local educational agencies

15 under subpart 3.

16 ‘‘(2) HOLD HARMLESS.—

17 ‘‘(A) IN GENERAL.—From the funds that

18 a State receives under this subpart for any fis19 cal year that are not reserved under subsection

20 (b), the State shall allot to each local edu21 cational agency an amount equal to the total

22 amount that such agency received for fiscal

23 year 2001 under—

24 ‘‘(i) section 2203(1)(B) of this Act (as

25 in effect on the day before the date of the
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1 enactment of the No Child Left Behind

2 Act of 2001); and

3 ‘‘(ii) section 306 of the Department of

4 Education Appropriations Act, 2001 (as

5 enacted into law by section 1(a)(1) of Pub6 lic Law 106–554).

7 ‘‘(B) NONPARTICIPATING AGENCIES.—In

8 the case of a local educational agency that did

9 not receive any funds for fiscal year 2001 under

10 one or both of the provisions referred to in

11 clauses (i) and (ii) of subparagraph (A), the

12 amount allotted to the agency under such sub13 paragraph shall be the total amount that the

14 agency would have received for fiscal year 2001

15 if it had elected to participate in all of the pro16 grams for which it was eligible under each of

17 the provisions referred to in such clauses.

18 ‘‘(C) RATABLE REDUCTION.—If the funds

19 described in subparagraph (A) are insufficient

20 to pay the full amounts that all local edu21 cational agencies are eligible to receive under

22 such subparagraph for any fiscal year, the

23 State shall ratably reduce such amounts for

24 such fiscal year.

25 ‘‘(3) ALLOTMENT OF ADDITIONAL FUNDS.—
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1 ‘‘(A) IN GENERAL.—For any fiscal year

2 for which the funds that a State receives under

3 this subpart that are not reserved under sub4 section (b) exceed the total amount required to

5 make allotments under paragraph (2), the State

6 shall distribute the amount described in sub7 paragraph (B) through a formula under

8 which—

9 ‘‘(i) 20 percent is allocated to local

10 educational agencies in accordance with

11 the relative enrollment in public and pri12 vate nonprofit elementary and secondary

13 schools within the boundaries of such

14 agencies; and

15 ‘‘(ii) 80 percent is allocated to local

16 educational agencies in proportion to the

17 number of children, aged 5 to 17, who re18 side within the geographic area served by

19 such agency from families with incomes

20 below the poverty line (as defined by the

21 Office of Management and Budget and re22 vised annually in accordance with section

23 673(2) of the Community Services Block

24 Grant Act (42 U.S.C. 9902(2))) applicable

25 to a family of the size involved for the
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1 most recent fiscal year for which satisfac2 tory data are available, compared to the

3 number of such individuals who reside in

4 the geographic areas served by all the local

5 educational agencies in the State for that

6 fiscal year.

7 ‘‘(B) CALCULATION OF AMOUNT.—

8 ‘‘(i) IN GENERAL.—The amount de9 scribed in this subparagraph for a State

10 for any fiscal year is the base amount for

11 such State and year, plus any additional

12 amount for such State and year.

13 ‘‘(ii) BASE AMOUNT.—For purposes of

14 this subparagraph, the term ‘base amount’

15 means 50 percent of the funds that remain

16 to a State after a State makes the reserva17 tions described in subsection (b) and the

18 allotments described in paragraph (2).

19 ‘‘(iii) ADDITIONAL AMOUNT.—For

20 purposes of this subparagraph, the term

21 ‘additional amount’ means the amount (if

22 any) by which the base amount for a State

23 exceeds the maximum amount described in

24 subsection (d)(2)(B).

25 ‘‘(d) MATH AND SCIENCE PARTNERSHIPS.—
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1 ‘‘(1) IN GENERAL.—The Secretary may make a

2 grant to a State under this subpart only if the State

3 agrees to distribute the amount described in para4 graph (2) through a competitive subgrant process in

5 accordance with subpart 2.

6 ‘‘(2) AMOUNT DESCRIBED.—

7 ‘‘(A) IN GENERAL.—The amount described

8 in this paragraph for a State for any fiscal year

9 is 50 percent of the funds that the State re10 ceives under this subpart for the year that re11 main after the State makes the reservations de12 scribed in subsection (b) and the allotments de13 scribed in subsection (c)(2).

14 ‘‘(B) LIMITATION.—In no case may the

15 amount described in this paragraph exceed a

16 maximum amount calculated by multiplying the

17 total amount of the funds that a State receives

18 under this subpart for a fiscal year that the

19 State does not reserve under subsection (b) by

20 a percentage, selected by the State, that shall

21 be not less than 15 nor more than 20 percent.

22 ‘‘(e) AUTHORIZED STATE ACTIVITIES.—The author23 ized State activities referred to in subsection (b)(1)(A) are

24 the following:
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1 ‘‘(1) Reforming teacher certification, recertifi2 cation, or licensure requirements to ensure that—

3 ‘‘(A) teachers have the necessary teaching

4 skills and academic content knowledge in the

5 subject areas in which they are assigned to

6 teach;

7 ‘‘(B) teacher certification, recertification,

8 or licensure requirements are aligned with the

9 State’s challenging State academic content

10 standards; and

11 ‘‘(C) teachers have the knowledge and

12 skills necessary to help students meet chal13 lenging State student achievement standards.

14 ‘‘(2) Carrying out programs that—

15 ‘‘(A) include support during the initial

16 teaching or leadership experience, such as men17 toring programs that—

18 ‘‘(i) provide—

19 ‘‘(I) mentoring to beginning

20 teachers from veteran teachers with

21 expertise in the same subject matter

22 that the beginning teachers will be

23 teaching; or

24 ‘‘(II) similar mentoring to prin25 cipals or superintendents;
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1 ‘‘(ii) provide mentors time for activi2 ties such as coaching, observing, and as3 sisting the teachers or school leaders who

4 are mentored; and

5 ‘‘(iii) use standards or assessments

6 for guiding beginning teachers that are

7 consistent with the State’s student achieve8 ment standards and with the requirements

9 for professional development activities

10 under section 2033; and

11 ‘‘(B) establish, expand, or improve alter12 native routes to State certification of teachers,

13 especially in the areas of mathematics and

14 science, for highly qualified individuals with a

15 baccalaureate degree, including mid-career pro16 fessionals from other occupations, paraprofes17 sionals, former military personnel, and recent

18 college or university graduates with records of

19 academic distinction who demonstrate the po20 tential to become highly effective teachers.

21 ‘‘(3) Developing and implementing effective

22 mechanisms to assist local educational agencies and

23 schools in effectively recruiting and retaining highly

24 qualified and effective teachers and principals.
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1 ‘‘(4) Reforming tenure systems and imple2 menting teacher testing and other procedures to ex3 peditiously remove ineffective teachers from the

4 classroom.

5 ‘‘(5) Developing enhanced performance systems

6 to measure the effectiveness of specific professional

7 development programs and strategies.

8 ‘‘(6) Providing technical assistance to local edu9 cational agencies consistent with this part.

10 ‘‘(7) Funding projects to promote reciprocity of

11 teacher certification or licensure between or among

12 States, except that no reciprocity agreement devel13 oped under this paragraph or developed using funds

14 provided under this part may lead to the weakening

15 of any State teaching certification or licensing re16 quirement.

17 ‘‘(8) Developing or assisting local educational

18 agencies in the development and utilization of prov19 en, innovative strategies to deliver intensive profes20 sional development programs that are both cost-ef21 fective and easily accessible, such as through the use

22 of technology and distance learning.

23 ‘‘(9) Providing assistance to local educational

24 agencies for the development and implementation of

25 innovative professional development programs that
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1 train teachers to use technology to improve teaching

2 and learning and are consistent with the require3 ments of section 2033.

4 ‘‘(10) Developing or assisting local educational

5 agencies in developing merit-based performance sys6 tems, rigorous assessments for teachers, and strate7 gies which provide differential and bonus pay for

8 teachers in high-need subject areas such as reading,

9 math, and science and in high-poverty schools and

10 districts.

11 ‘‘(11) Providing assistance to local educational

12 agencies for the development and implementation of

13 professional development programs for principals

14 that enable them to be effective school leaders and

15 prepare all students to achieve challenging State

16 content and student achievement standards, includ17 ing the development and support of school leadership

18 academies to help exceptionally talented aspiring or

19 current principals and superintendents become out20 standing managers and educational leaders.

21 ‘‘(12) Developing, or assisting local educational

22 agencies in developing, teacher advancement initia23 tives that promote professional growth and empha24 size multiple career paths (such as career teacher,
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1 mentor teacher, and master teacher) and pay dif2 ferentiation.

3 ‘‘(f) COORDINATION.—States receiving grants under

4 section 202 of the Higher Education Act of 1965 shall

5 coordinate the use of such funds with activities carried out

6 under this section.

7 ‘‘SEC. 2013. APPLICATIONS BY STATES.

8 ‘‘(a) IN GENERAL.—To be eligible to receive a grant

9 under this subpart, a State shall submit an application

10 to the Secretary at such time, in such manner, and con11 taining such information as the Secretary may reasonably

12 require.

13 ‘‘(b) CONTENTS.—Each application under this sec14 tion 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

18 of such subpart.

19 ‘‘(2) A description of how the State will use

20 funds under this part to meet the requirements of

21 section 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

7 State will take as part of such coordination effort,

8 to ensure that teachers are trained in the utilization

9 of technology so that technology and its applications

10 are effectively used in the classroom to improve

11 teaching and learning in all curriculum and content

12 areas, as appropriate.

13 ‘‘(4) A description of how the State will encour14 age the development of proven, innovative strategies

15 to deliver intensive professional development pro16 grams that are both cost-effective and easily acces17 sible, such as through the use of technology and dis18 tance learning.

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 re3 ceiving the application, that the application is in violation

4 of the provisions of this subpart. The Secretary shall not

5 finally disapprove a State application except after giving

6 the 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

10 achievement of students in the areas of mathematics and

11 science by encouraging States, institutions of higher edu12 cation, and local educational agencies to participate in

13 programs 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

20 assume 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

25 elementary and secondary schools together with sci-
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1 entists, mathematicians, and engineers to increase

2 the subject matter knowledge of teachers and im3 prove their teaching skills through the use of sophis4 ticated laboratory equipment and work space, com5 puting facilities, libraries, and other resources that

6 institutions of higher education are better able to

7 provide than the schools.

8 ‘‘SEC. 2022. APPLICATION REQUIREMENTS.

9 ‘‘(a) IN GENERAL.—An eligible partnership seeking

10 to 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

13 State 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

22 carried out by the eligible partnership will be aligned

23 with State academic content standards in mathe24 matics and science and with other educational re-
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1 form activities that promote student achievement in

2 mathematics and science;

3 ‘‘(3) a description of how the activities to be

4 carried out by the eligible partnership will be based

5 on a review of relevant research, and an explanation

6 of 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 SUB17 GRANTS.

18 ‘‘(a) IN GENERAL.—From the amount described in

19 section 2012(d), the State educational agency, working in

20 conjunction with the State agency for higher education (if

21 such agencies are separate), shall award subgrants on a

22 competitive basis to eligible partnerships to enable such

23 partnerships to carry out activities described in subsection

24 (c).
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1 ‘‘(b) DURATION.—The State shall award subgrants

2 under this subpart for a period of not less than 2 and

3 not more than 5 years.

4 ‘‘(c) AUTHORIZED ACTIVITIES.—A recipient of funds

5 provided under this subpart may use the funds for the

6 following activities related to elementary or secondary

7 schools:

8 ‘‘(1) Establishing and operating mathematics

9 and science summer professional development work10 shops or institutes for elementary and secondary

11 school teachers that—

12 ‘‘(A) shall—

13 ‘‘(i) directly relate to the curriculum

14 and content areas in which the teacher

15 provides instruction, and focus only sec16 ondarily on pedagogy;

17 ‘‘(ii) enhance the ability of a teacher

18 to understand and use the State’s aca19 demic content standards for mathematics

20 and science and to select appropriate cur21 ricula;

22 ‘‘(iii) train teachers to use curricula

23 that are—

24 ‘‘(I) based on scientific research;
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1 ‘‘(II) aligned with State academic

2 content standards; and

3 ‘‘(III) object-centered, experi4 ment-oriented, and concept- and con5 tent-based; and

6 ‘‘(iv) provide supplemental assistance

7 and follow-up training during the school

8 year for summer institute graduates; and

9 ‘‘(B) may include—

10 ‘‘(i) programs that provide prospective

11 teachers and novice teachers opportunities

12 to work under the guidance of experienced

13 teachers and college faculty;

14 ‘‘(ii) instruction in the use of data

15 and assessments to inform and instruct

16 classroom practice; and

17 ‘‘(iii) professional development activi18 ties, including supplemental and follow-up

19 activities, such as curriculum alignment,

20 distance learning, and activities that train

21 teachers to utilize technology in the class22 room.

23 ‘‘(2) Recruiting to the teaching profession—

24 ‘‘(A) students studying mathematics, engi25 neering, and science; or
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1 ‘‘(B) mathematicians, engineers, and sci2 entists currently working in the field.

3 ‘‘(3) Establishing and operating programs to

4 bring teachers into contact with working scientists,

5 mathematicians, and engineers, to expand teacher

6 content knowledge of and research in science and

7 mathematics.

8 ‘‘(d) PRIORITY.—In awarding subgrants under this

9 subpart, States shall give priority to applications seeking

10 funding for the activity described in subsection (c)(1).

11 ‘‘(e) COORDINATION.—Partnerships receiving grants

12 under section 203 of the Higher Education Act of 1965

13 (20 U.S.C. 1023) shall coordinate the use of such funds

14 with any related activities carried out by such partnership

15 with funds made available under this subpart.

16 ‘‘SEC. 2024. EVALUATION AND ACCOUNTABILITY PLAN.

17 ‘‘(a) IN GENERAL.—Each eligible partnership receiv18 ing a subgrant under this subpart shall develop an evalua19 tion and accountability plan for activities assisted under

20 this subpart that includes rigorous performance objectives

21 that measure the impact of activities funded under this

22 subpart.

23 ‘‘(b) CONTENTS.—The plan—

24 ‘‘(1) shall include measurable goals to increase

25 the number of mathematics and science teachers
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1 who participate in content-based professional devel2 opment activities; and

3 ‘‘(2) may include objectives and measures for—

4 ‘‘(A) improved student achievement on

5 State mathematics and science assessments;

6 ‘‘(B) increased participation by students in

7 advanced courses in mathematics and science;

8 ‘‘(C) increased percentages of elementary

9 school teachers with academic majors or mi10 nors, or group majors or minors, in mathe11 matics, engineering, or the sciences; and

12 ‘‘(D) increased percentages of secondary

13 school classes in mathematics and science

14 taught by teachers with academic majors in

15 mathematics and science, respectively.

16 ‘‘SEC. 2025. REPORTS; REVOCATION OF SUBGRANTS.

17 ‘‘(a) REPORTS.—Each eligible partnership receiving

18 a subgrant under this subpart annually shall report to the

19 State regarding the eligible partnership’s progress in

20 meeting the performance objectives described in section

21 2024.

22 ‘‘(b) REVOCATION.—If the State determines that an

23 eligible partnership that receives a subgrant under this

24 subpart for 5 years is not making substantial progress in

25 meeting the performance objectives described in section
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1 2024 by the end of the third year of the subgrant, the

2 subgrant payments shall not be made for the fourth and

3 fifth years.

4 ‘‘SEC. 2026. DEFINITIONS.

5 ‘‘In this subpart:

6 ‘‘(1) ELIGIBLE PARTNERSHIP.—The term ‘eligi7 ble partnership’ means a partnership that—

8 ‘‘(A) shall include—

9 ‘‘(i) a State educational agency;

10 ‘‘(ii) a mathematics or science depart11 ment of a private independent institution

12 of higher education or a State-supported

13 public institution of higher education; and

14 ‘‘(iii) a high need local educational

15 agency; and

16 ‘‘(B) may include—

17 ‘‘(i) another institution of higher edu18 cation or the teacher training department

19 of such an institution;

20 ‘‘(ii) additional local educational agen21 cies, public charter schools, public or pri22 vate elementary or secondary schools, or a

23 consortium of such schools;

24 ‘‘(iii) a business; or
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1 ‘‘(iv) a nonprofit organization of dem2 onstrated effectiveness, including a mu3 seum or research institution.

4 ‘‘(2) SUMMER PROFESSIONAL DEVELOPMENT

5 WORKSHOP OR INSTITUTE.—The term ‘summer pro6 fessional development workshop or institute’ means

7 a workshop or institute that—

8 ‘‘(A) is conducted during a period of not

9 less than 2 weeks;

10 ‘‘(B) includes as a component a program

11 that provides direct interaction between stu12 dents and faculty; and

13 ‘‘(C) provides for follow-up training during

14 the academic year that is conducted in the

15 classroom for a period of not less than 3 con16 secutive or nonconsecutive days, except that—

17 ‘‘(i) if the workshop or institute is

18 conducted during a two-week period, the

19 follow-up training shall be conducted for a

20 period of at least 4 days; and

21 ‘‘(ii) if the follow-up training is for

22 teachers in rural school districts, it may be

23 conducted through distance learning.
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1 ‘‘Subpart 3—Subgrants to Local Educational

2 Agencies

3 ‘‘SEC. 2031. LOCAL USE OF FUNDS.

4 ‘‘(a) IN GENERAL.—Subject to subsection (b), each

5 local educational agency that receives a subgrant under

6 this subpart may use the subgrant to carry out the fol7 lowing activities:

8 ‘‘(1) Initiatives to assist in recruiting and hir9 ing fully qualified teachers who will be assigned

10 teaching positions within their field, including—

11 ‘‘(A) providing signing bonuses or other fi12 nancial incentives, such as differential pay, for

13 teachers to teach in academic subject areas in

14 which there exists a shortage of such fully

15 qualified teachers within a school or the local

16 educational agency;

17 ‘‘(B) establishing programs that—

18 ‘‘(i) recruit professionals from other

19 fields and provide such professionals with

20 alternative routes to teacher certification;

21 and

22 ‘‘(ii) provide increased opportunities

23 for minorities, individuals with disabilities,

24 and other individuals underrepresented in

25 the teaching profession; and
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1 ‘‘(C) implementing hiring policies that en2 sure comprehensive recruitment efforts as a

3 way to expand the applicant pool, such as

4 through identifying teachers certified through

5 alternative routes, coupled with a system of in6 tensive screening designed to hire the most

7 qualified applicant.

8 ‘‘(2) Initiatives to promote retention of highly

9 qualified teachers and principals, particularly within

10 elementary and secondary schools with a high per11 centage of low-achieving students, including pro12 grams that provide—

13 ‘‘(A) mentoring to newly hired teachers,

14 such as from master teachers, or principals or

15 superintendents;

16 ‘‘(B) incentives, including financial incen17 tives, to retain teachers who have a record of

18 success in helping low-achieving students im19 prove their academic success; or

20 ‘‘(C) incentives, including financial incen21 tives, to principals who have a record of improv22 ing the performance of all students, but par23 ticularly students from economically disadvan24 taged families and students from racial and

25 ethnic minority groups.
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1 ‘‘(3) Programs and activities that are designed

2 to improve the quality of the teacher force, such

3 as—

4 ‘‘(A) innovative professional development

5 programs (which may be through partnerships

6 including institutions of higher education), in7 cluding programs that train teachers and prin8 cipals to utilize technology to improve teaching

9 and learning, are consistent with the require10 ments of section 2033, and are coordinated

11 with part B of title V;

12 ‘‘(B) development and utilization of prov13 en, cost-effective strategies for the implementa14 tion of professional development activities, such

15 as through the utilization of technology and dis16 tance learning;

17 ‘‘(C) tenure reform;

18 ‘‘(D) merit pay;

19 ‘‘(E) testing of elementary and secondary

20 school teachers in the subject areas taught by

21 such teachers;

22 ‘‘(F) professional development programs

23 that provide instruction in how to teach chil24 dren with different learning styles, particularly

25 children with disabilities and children with spe-
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1 cial learning needs (including those who are

2 gifted and talented); and

3 ‘‘(G) professional development programs

4 that provide instruction in methods of improv5 ing student behavior in the classroom and how

6 to identify early and appropriate interventions

7 to help children described in subparagraph (F)

8 learn.

9 ‘‘(4) Teacher opportunity payments, consistent

10 with section 2034.

11 ‘‘(5) Professional activities designed to improve

12 the quality of principals and superintendents, includ13 ing the development and support of academies to

14 help exceptionally talented aspiring or current prin15 cipals and superintendents become outstanding man16 agers and educational leaders.

17 ‘‘(6) Hiring fully qualified teachers, including

18 teachers who become fully qualified through State

19 and local alternative routes, and special education

20 teachers, in order to reduce class size, particularly in

21 the early grades.

22 ‘‘(7) Teacher advancement initiatives that pro23 mote professional growth and emphasize multiple ca24 reer paths (such as career teacher, mentor teacher,

25 and master teacher) and pay differentiation.
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1 ‘‘(b) SPECIAL RULE.—

2 ‘‘(1) IN GENERAL.—For any fiscal year for

3 which the amount described in section

4 2012(d)(2)(A) for a State is less than 15 percent of

5 the total amount of the funds that the State receives

6 under this subpart for the year that the State does

7 not reserve under section 2012(b), each local edu8 cational agency that receives a subgrant under this

9 subpart from the State shall use the funds to comply

10 with paragraph (2).

11 ‘‘(2) REQUIREMENT.—A local educational agen12 cy required to comply with this paragraph shall use

13 not less than the amount expended by the agency

14 under section 2206(b) of this Act (as in effect on

15 the day before the date of the enactment of the No

16 Child Left Behind Act of 2001), for the fiscal year

17 preceding the year in which such enactment occurs,

18 to carry out professional development activities in

19 mathematics and science.

20 ‘‘SEC. 2032. LOCAL APPLICATIONS.

21 ‘‘(a) IN GENERAL.—A local educational agency seek22 ing to receive a subgrant from a State under this subpart

23 shall submit an application to the State—

24 ‘‘(1) at such time as the State shall require;

25 and
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1 ‘‘(2) which is coordinated with other programs

2 under this Act, or other Acts, as appropriate.

3 ‘‘(b) LOCAL APPLICATION CONTENTS.—The local ap4 plication described in subsection (a), shall include, at a

5 minimum, the following:

6 ‘‘(1) An assurance that the local educational

7 agency will target funds to schools within the juris8 diction of the local educational agency that—

9 ‘‘(A) have the lowest proportion of fully

10 qualified teachers;

11 ‘‘(B) have the largest average class size; or

12 ‘‘(C) are identified for school improvement

13 under section 1116(b).

14 ‘‘(2) A description of how the local educational

15 agency will coordinate professional development ac16 tivities authorized under this subpart with profes17 sional development activities provided through other

18 Federal, State, and local programs, including those

19 authorized under title I, part A of title III, parts A

20 and B of title V, and (where applicable) the Individ21 uals with Disabilities Education Act and the Carl D.

22 Perkins Vocational and Technical Education Act.

23 ‘‘(3) A description of how the local educational

24 agency will integrate funds under this subpart with

25 funds received under part B of title V that are used
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1 for professional development to train teachers to uti2 lize technology to improve teaching and learning.

3 ‘‘(4) A description of how the local educational

4 agency has collaborated with teachers, principals,

5 parents, and administrators in the preparation of

6 the application.

7 ‘‘SEC. 2033. PROFESSIONAL DEVELOPMENT FOR TEACHERS.

8 ‘‘(a) REQUIREMENTS FOR PROFESSIONAL DEVELOP9 MENT ACTIVITIES.—Professional development activities

10 under this subpart shall—

11 ‘‘(1) meet the requirements of section

12 1119(a)(2);

13 ‘‘(2) support professional development activities

14 that give teachers, principals, and administrators the

15 knowledge and skills to provide students with the op16 portunity to meet challenging State academic con17 tent standards and student achievement standards;

18 ‘‘(3) support the recruiting, hiring, and training

19 of fully qualified teachers, including teachers fully

20 qualified through State and local alternative routes;

21 ‘‘(4) advance teacher understanding of effective

22 instructional strategies based on scientifically based

23 research for improving student achievement, at a

24 minimum, in reading or language arts and mathe25 matics;
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1 ‘‘(5) be directly related to the curriculum and

2 content areas in which the teacher provides instruc3 tion, except that this paragraph shall not apply to

4 subparagraphs (F) and (G) of section 2031(3);

5 ‘‘(6) be designed to enhance the ability of a

6 teacher to understand and use the State’s standards

7 for the subject area in which the teacher provides in8 struction;

9 ‘‘(7) be tied to scientifically based research

10 demonstrating the effectiveness of such professional

11 development activities or programs in increasing stu12 dent achievement or substantially increasing the

13 knowledge and teaching skills of teachers;

14 ‘‘(8) be of sufficient intensity and duration (not

15 to include 1-day or short-term workshops and con16 ferences) to have a positive and lasting impact on

17 the teacher’s performance in the classroom;

18 ‘‘(9) be developed with extensive participation

19 of teachers, principals, parents, and administrators

20 of schools to be served under this subpart;

21 ‘‘(10) be designed to give teachers of limited

22 English proficient children, and other teachers and

23 instructional staff, the knowledge and skills to pro24 vide instruction and appropriate language and aca-
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1 demic support services to such children, including

2 the appropriate use of curriculum and assessments;

3 ‘‘(11) to the extent appropriate, provide train4 ing for teachers and principals in the use of tech5 nology so that technology and its applications are ef6 fectively used in the classroom to improve teaching

7 and learning in the curriculum and academic content

8 areas in which the teachers provide instruction;

9 ‘‘(12) as a whole, be regularly evaluated for

10 their impact on increased teacher effectiveness and

11 improved student achievement, with the findings of

12 such evaluations used to improve the quality of pro13 fessional development; and

14 ‘‘(13) provide instruction in methods of teach15 ing children with special needs.

16 ‘‘(b) PROFESSIONAL DEVELOPMENT ACTIVITIES.—

17 Professional development activities under this subpart

18 may include—

19 ‘‘(1) instruction in the use of data and assess20 ments to inform and instruct classroom practice;

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 programs for paraprofes6 sionals (assisting teachers employed by a local edu7 cational agency receiving assistance under this part)

8 to obtain the education necessary for such para9 professionals to become licensed and certified teach10 ers; and

11 ‘‘(5) activities that provide follow-up training to

12 teachers who have participated in professional devel13 opment activities which are designed to ensure that

14 the knowledge and skills learned by the teacher are

15 implemented in the classroom.

16 ‘‘(c) ACCOUNTABILITY.—

17 ‘‘(1) IN GENERAL.—If, after any fiscal year, a

18 State determines that the programs or activities

19 funded by a local educational agency fail to meet the

20 requirements of subsection (a), the State shall notify

21 the agency that—

22 ‘‘(A) it may be subject to paragraph (2);

23 and
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1 ‘‘(B) technical assistance is available from

2 the State to help the agency meet those require3 ments.

4 ‘‘(2) REQUIREMENT TO PROVIDE TEACHER OP5 PORTUNITY PAYMENTS.—A local educational agency

6 that has been notified by a State for 2 consecutive

7 years under paragraph (1) shall expend under sec8 tion 2034 for the succeeding fiscal year a proportion

9 of the amount the agency receives under this sub10 part that is equal to the proportion of the amount

11 the agency received under this part for the preceding

12 fiscal year that the agency used for professional de13 velopment.

14 ‘‘SEC. 2034. TEACHER OPPORTUNITY PAYMENTS.

15 ‘‘(a) IN GENERAL.—A local educational agency re16 ceiving funds under this subpart may (or, in the case of

17 a local educational agency described in section 2033(c)(2),

18 shall) provide funds directly to a teacher or a group of

19 teachers seeking opportunities to participate in a profes20 sional development activity of their choice that meets the

21 requirements of section 2033(a) and is selected in con22 sultation with the principal in order to coordinate such

23 professional development with other reform efforts at the

24 school.
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1 ‘‘(b) NOTICE TO TEACHERS.—Local educational

2 agencies distributing funds under this section shall estab3 lish and implement a timely process through which proper

4 notice of availability of funds will be given to all teachers

5 within schools identified by the agency and shall develop

6 a process whereby teachers will have regular consultation

7 with and be specifically recommended by principals to par8 ticipate in such program by virtue of—

9 ‘‘(1) a teacher not being fully qualified to teach

10 in the subject or subjects in which they teach; or

11 ‘‘(2) a teacher’s need for additional assistance

12 to ensure that the teacher’s students make progress

13 toward meeting challenging State academic content

14 standards and student achievement standards.

15 ‘‘(c) SELECTION OF TEACHERS.—If adequate fund16 ing is not available to provide payments under this section

17 to all teachers seeking such assistance or identified as

18 needing such assistance pursuant to subsection (b), a local

19 educational agency shall establish procedures for selecting

20 teachers that give priority to teachers described in para21 graph (1) or (2) of subsection (b).
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1 ‘‘Subpart 4—Mid-Career Transitions to Teaching

2 ‘‘CHAPTER 1—TROOPS-TO-TEACHERS

3 PROGRAM

4 ‘‘SEC. 2041. AUTHORIZATION OF TROOPS-TO-TEACHERS

5 PROGRAM.

6 ‘‘(a) PROGRAM AUTHORIZED.—The Secretary may

7 carry out a program (to be known as the ‘Troops-to8 Teachers Program’)—

9 ‘‘(1) to assist eligible members and former

10 members of the Armed Forces described in section

11 2042 to obtain certification or licensure as fully

12 qualified elementary school teachers, secondary

13 school teachers, or vocational or technical teachers;

14 and

15 ‘‘(2) to facilitate the employment of such mem16 bers in elementary schools or secondary schools or as

17 vocational or technical teachers.

18 ‘‘(b) ADMINISTRATION OF PROGRAM.—The Secretary

19 shall enter into a memorandum of agreement with the Sec20 retary of Defense under which the Secretary of Defense,

21 acting through the Defense Activity for Non-Traditional

22 Education Support of the Department of Defense, will

23 perform the actual administration of the Program, other

24 than section 2045. Using funds appropriated to the Sec25 retary to carry out this chapter, the Secretary shall trans26 fer to the Secretary of Defense such amounts as may be
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1 necessary to administer the Program pursuant to the

2 memorandum of agreement.

3 ‘‘(c) INFORMATION REGARDING PROGRAM.—The

4 Secretary shall provide to the Secretary of Defense, for

5 distribution as part of preseparation counseling provided

6 under section 1142 of title 10, United States Code, to

7 members of the Armed Forces described in section 2042,

8 information regarding the Troops-to-Teachers Program

9 and applications to participate in the program.

10 ‘‘(d) PLACEMENT ASSISTANCE AND REFERRAL

11 SERVICES.—As part of the Troops-to-Teachers Program,

12 the Secretary may, with the agreement of the Secretary

13 of Defense, provide placement assistance and referral serv14 ices regarding employment opportunities with local edu15 cational agencies to members of the Armed Forces who

16 are discharged or released from active duty under other

17 than adverse conditions. Unless the member is also se18 lected to participate in the Program under section 2042,

19 a member receiving placement assistance and referral

20 services under the authority of this subsection is not eligi21 ble for financial assistance under section 2043.

22 ‘‘SEC. 2042. RECRUITMENT AND SELECTION OF PROGRAM

23 PARTICIPANTS.

24 ‘‘(a) ELIGIBLE MEMBERS.—The following members

25 and former members of the Armed Forces are eligible for
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1 selection to participate in the Troops-to-Teachers Pro2 gram:

3 ‘‘(1) Any member who—

4 ‘‘(A) on or after October 1, 1999, becomes

5 entitled to retired or retainer pay in the manner

6 provided in title 10 or title 14, United States

7 Code; or

8 ‘‘(B) on or after the date of the enactment

9 of the No Child Left Behind Act of 2001, has

10 an approved date of voluntary retirement and,

11 as of the date the member submits an applica12 tion to participate in the Program, has one year

13 or less of active duty remaining before retire14 ment.

15 ‘‘(2) Any member who, on or after the date of

16 the enactment of the No Child Left Behind Act of

17 2001—

18 ‘‘(A) is separated or released from active

19 duty after six or more years of continuous ac20 tive duty immediately before the separation or

21 release; and

22 ‘‘(B) executes a reserve commitment agree23 ment for a period of three years under sub24 section (e)(2).
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1 ‘‘(3) Any member who, on or after the date of

2 the enactment of the No Child Left Behind Act of

3 2001, is retired or separated for physical disability

4 under chapter 61 of title 10, United States Code.

5 ‘‘(4) Any member who—

6 ‘‘(A) during the period beginning on Octo7 ber 1, 1990, and ending on September 30,

8 1999, was involuntarily discharged or released

9 from active duty for purposes of a reduction of

10 force after six or more years of continuous ac11 tive duty immediately before the discharge or

12 release; or

13 ‘‘(B) applied for the teacher placement

14 program administered under section 1151 of

15 title 10, United States Code, before its repeal,

16 and who satisfied the eligibility criteria specified

17 in subsection (c) of such section 1151.

18 ‘‘(b) SUBMISSION OF APPLICATIONS.—

19 ‘‘(1) FORM AND SUBMISSION.—Selection of eli20 gible members and former members of the Armed

21 Forces to participate in the Troops-to-Teachers Pro22 gram shall be made on the basis of applications sub23 mitted to the Secretary within the time periods spec24 ified in paragraph (2). An application shall be in
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1 such form and contain such information as the Sec2 retary may require.

3 ‘‘(2) TIME FOR SUBMISSION.—An application

4 shall be considered to be submitted on a timely basis

5 under paragraph (1) if—

6 ‘‘(A) in the case of a member or former

7 member of the Armed Forces described in para8 graph (1), (2), or (3) of subsection (a), the ap9 plication is submitted not later than four years

10 after the date on which the member is retired

11 or separated or released from active duty,

12 whichever applies to the member; or

13 ‘‘(B) in the case of a member or former

14 member described in subsection (a)(4), the ap15 plication is submitted not later than September

16 30, 2003.

17 ‘‘(c) SELECTION CRITERIA.—

18 ‘‘(1) ESTABLISHMENT.—Subject to paragraphs

19 (2) and (3), the Secretary shall prescribe the criteria

20 to be used to select eligible members and former

21 members of the Armed Forces to participate in the

22 Troops-to-Teachers Program.

23 ‘‘(2) EDUCATIONAL BACKGROUND.—If a mem24 ber or former member of the Armed Forces de25 scribed in paragraph (1), (2), or (3) of subsection
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1 (a) is applying for assistance for placement as an el2 ementary or secondary school teacher, the Secretary

3 shall require the member to have received a bacca4 laureate or advanced degree from an accredited in5 stitution of higher education. If such a member is

6 applying for assistance for placement as a vocational

7 or technical teacher, the Secretary shall require the

8 member—

9 ‘‘(A) to have received the equivalent of one

10 year of college from an accredited institution of

11 higher education and have six or more years of

12 military experience in a vocational or technical

13 field; or

14 ‘‘(B) to otherwise meet the certification or

15 licensure requirements for a vocational or tech16 nical teacher in the State in which the member

17 seeks assistance for placement under the Pro18 gram.

19 ‘‘(3) HONORABLE SERVICE.—A member or

20 former member of the Armed Forces is eligible to

21 participate in the Troops-to-Teachers Program only

22 if the member’s last period of service in the Armed

23 Forces was characterized as honorable. If the mem24 ber is selected to participate in the Program before

25 the retirement of the member or the separation or
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1 release of the member from active duty, the member

2 may continue to participate in the Program only if,

3 upon the retirement or separation or release from

4 active duty, the member’s last period of service is

5 characterized as honorable.

6 ‘‘(d) SELECTION PRIORITIES.—In selecting eligible

7 members and former members of the Armed Forces to re8 ceive assistance for placement as elementary or secondary

9 school teachers or vocational or technical teachers, the

10 Secretary shall give priority to members who have edu11 cational or military experience in science, mathematics,

12 special education, or vocational or technical subjects and

13 agree to seek employment as science, mathematics, or spe14 cial education teachers in elementary or secondary schools

15 or in other schools under the jurisdiction of a local edu16 cational agency.

17 ‘‘(e) OTHER CONDITIONS ON SELECTION.—

18 ‘‘(1) SELECTION SUBJECT TO FUNDING.—The

19 Secretary may not select an eligible member or

20 former member of the Armed Forces to participate

21 in the Troops-to-Teachers Program under this sec22 tion and receive financial assistance under section

23 2043 unless the Secretary has sufficient appropria24 tions for the Program available at the time of the

25 selection to satisfy the obligations to be incurred by
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1 the United States under section 2043 with respect

2 to the member.

3 ‘‘(2) RESERVE COMMITMENT AGREEMENT.—

4 The Secretary may not select an eligible member or

5 former member of the Armed Forces described in

6 subsection (a)(2)(A) to participate in the Troops-to7 Teachers Program under this section and receive fi8 nancial assistance under section 2043 unless—

9 ‘‘(A) the Secretary notifies the Secretary

10 concerned and the member that the Secretary

11 has reserved a full stipend or bonus under sec12 tion 2043 for the member; and

13 ‘‘(B) the member executes a written agree14 ment with the Secretary concerned to serve as

15 a member of the Selected Reserve of a reserve

16 component of the Armed Forces for a period of

17 three years (in addition to any other reserve

18 commitment the member may have).

19 ‘‘SEC. 2043. PARTICIPATION AGREEMENT AND FINANCIAL

20 ASSISTANCE.

21 ‘‘(a) PARTICIPATION AGREEMENT.—An eligible

22 member or former member of the Armed Forces selected

23 to participate in the Troops-to-Teachers Program under

24 section 2042 and receive financial assistance under this
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1 section shall be required to enter into an agreement with

2 the Secretary in which the member agrees—

3 ‘‘(1) to obtain, within such time as the Sec4 retary may require, certification or licensure as a

5 fully qualified elementary school teacher, secondary

6 school teacher, or vocational or technical teacher;

7 and

8 ‘‘(2) to accept an offer of full-time employment

9 as a fully qualified elementary school teacher, sec10 ondary school teacher, or vocational or technical

11 teacher for not less than three school years with a

12 local educational agency or public charter school, to

13 begin the school year after obtaining that certifi14 cation or licensure.

15 ‘‘(b) VIOLATION OF PARTICIPATION AGREEMENT;

16 EXCEPTIONS.—A participant in the Troops-to-Teachers

17 Program shall not be considered to be in violation of the

18 participation agreement entered into under subsection (a)

19 during any period in which the participant—

20 ‘‘(1) is pursuing a full-time course of study re21 lated to the field of teaching at an institution of

22 higher education;

23 ‘‘(2) is serving on active duty as a member of

24 the 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 pe5 riod not to exceed 12 months by reason of the care

6 required 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 sec19 tion 2042 a stipend in an amount up to $5,000.

20 ‘‘(2) LIMITATION.—The total number of sti21 pends that may be paid under paragraph (1) in any

22 fiscal 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 sti-
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1 pend under subsection (c), pay a bonus of $10,000

2 to a participant in the Troops-to-Teachers Program

3 selected under section 2042 who agrees in the par4 ticipation agreement under subsection (a) to accept

5 full-time employment as a fully qualified elementary

6 school teacher, secondary school teacher, or voca7 tional or technical teacher for not less than three

8 years in a high need school.

9 ‘‘(2) LIMITATION.—The total number of bo10 nuses that may be paid under paragraph (1) in any

11 fiscal 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

16 more of the following criteria:

17 ‘‘(A) At least 50 percent of the students

18 enrolled in the school were children counted

19 under subsection (c) of section 1124 for pur20 poses of making grants under such section to

21 local educational agencies, when such counting

22 was most recently performed.

23 ‘‘(B) The school has a large percentage of

24 students who qualify for assistance under part
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1 B of the Individuals with Disabilities Education

2 Act (20 U.S.C. 1411 et seq.).

3 ‘‘(C) The school meets any other criteria

4 established by the Secretary in consultation

5 with the National Assessment Governing Board.

6 ‘‘(e) TREATMENT OF STIPEND AND BONUS.—A sti7 pend or bonus paid under this section to a participant in

8 the Troops-to-Teachers Program shall be taken into ac9 count in determining the eligibility of the participant for

10 Federal student financial assistance provided under title

11 IV of the Higher Education Act of 1965 (20 U.S.C. 1070

12 et seq.).

13 ‘‘(f) REIMBURSEMENT UNDER CERTAIN CIR14 CUMSTANCES.—

15 ‘‘(1) REIMBURSEMENT REQUIRED.—A partici16 pant in the Troops-to-Teachers Program who is paid

17 a stipend or bonus under this section shall be re18 quired to repay the stipend or bonus under the fol19 lowing circumstances:

20 ‘‘(A) The participant fails to obtain teach21 er certification or licensure or employment as a

22 fully qualified elementary school teacher, sec23 ondary school teacher, or vocational or technical

24 teacher as required by the participation agree25 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 dur5 ing the three years of required service in viola6 tion of 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

10 reserve component of the Armed Forces for a

11 period of three years and fails to complete the

12 required 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

18 unserved portion of required service bears to the

19 three years of required service. Any amount owed by

20 the participant shall bear interest at the rate equal

21 to the highest rate being paid by the United States

22 on the day on which the reimbursement is deter23 mined to be due for securities having maturities of

24 ninety days or less and shall accrue from the day on
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1 which the participant is first notified of the amount

2 due.

3 ‘‘(3) TREATMENT OF OBLIGATION.—The obliga4 tion to reimburse the Secretary under this sub5 section is, for all purposes, a debt owing the United

6 States. A discharge in bankruptcy under title 11,

7 United States Code, shall not release a participant

8 from the obligation to reimburse the Secretary.

9 ‘‘(4) EXCEPTIONS TO REIMBURSEMENT RE10 QUIREMENT.—A participant shall be excused from

11 reimbursement under this subsection if the partici12 pant becomes permanently totally disabled as estab13 lished by sworn affidavit of a qualified physician.

14 The Secretary may also waive reimbursement in

15 cases of extreme hardship to the participant, as de16 termined by the Secretary.

17 ‘‘(g) RELATIONSHIP TO EDUCATIONAL ASSISTANCE

18 UNDER MONTGOMERY GI BILL.—The receipt by a partic19 ipant in the Troops-to-Teachers Program of a stipend or

20 bonus under this section shall not reduce or otherwise af21 fect the entitlement of the participant to any benefits

22 under chapter 30 of title 38, United States Code, or chap23 ter 1606 of title 10, United States Code.
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1 ‘‘SEC. 2044. PARTICIPATION BY STATES.

2 ‘‘(a) DISCHARGE OF STATE ACTIVITIES THROUGH

3 CONSORTIA OF STATES.—The Secretary may permit

4 States participating in the Troops-to-Teachers Program to

5 carry out activities authorized for such States under the

6 Program through one or more consortia of such States.

7 ‘‘(b) ASSISTANCE TO STATES.—

8 ‘‘(1) GRANTS AUTHORIZED.—Subject to para9 graph (2), the Secretary may make grants to States

10 participating in the Troops-to-Teachers Program, or

11 to consortia of such States, in order to permit such

12 States or consortia of States to operate offices for

13 purposes of recruiting eligible members and former

14 members of the Armed Forces for participation in

15 the Program and facilitating the employment of par16 ticipants in the Program as elementary school teach17 ers, secondary school teachers, and vocational or

18 technical teachers.

19 ‘‘(2) LIMITATION.—The total amount of grants

20 under paragraph (1) in any fiscal year may not ex21 ceed $4,000,000.

22 ‘‘SEC. 2045. SUPPORT OF INNOVATIVE PRERETIREMENT

23 TEACHER CERTIFICATION PROGRAMS.

24 ‘‘(a) DEVELOPMENT, IMPLEMENTATION AND DEM25 ONSTRATION.—The Secretary may enter into a memo26 randum of agreement with a State, an institution of high-
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1 er education, or a consortia of States or institutions of

2 higher education, to develop, implement, and demonstrate

3 teacher certification programs for members of the Armed

4 Forces described in section 2042(a)(1)(B) for the purpose

5 of assisting such members to consider and prepare for a

6 career as a fully qualified elementary school teacher, sec7 ondary school teacher, or vocational or technical teacher

8 upon their retirement from the Armed Forces.

9 ‘‘(b) PROGRAM ELEMENTS.—A teacher certification

10 program under subsection (a) must—

11 ‘‘(1) provide recognition of military experience

12 and training as related to licensure or certification

13 requirements;

14 ‘‘(2) provide courses of instruction that may be

15 conducted on or near a military installation;

16 ‘‘(3) incorporate alternative approaches to

17 achieve teacher certification, such as innovative

18 methods to gaining field-based teaching experiences,

19 and assessment of background and experience as re20 lated to skills, knowledge, and abilities required of

21 elementary school teachers, secondary school teach22 ers, or vocational or technical teachers;

23 ‘‘(4) provide for courses to also be delivered via

24 distance education methods; and
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1 ‘‘(5) address any additional requirements or

2 specifications as established by the Secretary.

3 ‘‘(c) APPLICATION PROCEDURES.—A State or insti4 tution of higher education (or a consortia of States or in5 stitutions of higher education) that has a program leading

6 to State approved teacher certification programs may sub7 mit a proposal to the Secretary for consideration under

8 subsection (a). The Secretary shall give preference to pro9 posals that provide for a sharing of the costs to carry out

10 the teacher certification program.

11 ‘‘(d) CONTINUATION OF PROGRAMS.—The purpose of

12 this section is to provide funding to develop, implement,

13 and demonstrate teacher certification programs under

14 subsection (a). Upon successful completion of the dem15 onstration phase, the continued operation of the teacher

16 certification programs shall not be the responsibility of the

17 Secretary.

18 ‘‘(e) FUNDING LIMITATION.—The total amount obli19 gated by the Secretary under this section in any fiscal year

20 may not exceed $5,000,000.

21 ‘‘SEC. 2046. REPORTING REQUIREMENTS.

22 ‘‘(a) REPORT REQUIRED.—Not later than March 31

23 of each year, the Secretary (in consultation with the Sec24 retary of Defense and the Secretary of Transportation)

25 and the Comptroller General shall each submit to Con-
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1 gress a report on the effectiveness of the Troops-to-Teach2 ers Program in the recruitment and retention of qualified

3 personnel by local educational agencies and public charter

4 schools.

5 ‘‘(b) ELEMENTS OF REPORT.—The report under sub6 section (a) shall include information on the following:

7 ‘‘(1) The number of participants in the Troops8 to-Teachers Program.

9 ‘‘(2) The schools in which the participants are

10 employed.

11 ‘‘(3) The grade levels at which the participants

12 teach.

13 ‘‘(4) The subject matters taught by the partici14 pants.

15 ‘‘(5) The rates of retention of the participants

16 by the local educational agencies and public charter

17 schools employing the participants.

18 ‘‘(6) Such other matters as the Secretary or the

19 Comptroller General, as the case may be, considers

20 appropriate.

21 ‘‘(c) RECOMMENDATIONS.—The report of the Comp22 troller General under this section shall also include any

23 recommendations of the Comptroller General regarding

24 any means of improving the Troops-to-Teachers Program,
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1 including means of enhancing the recruitment and reten2 tion of participants in the Program.

3 ‘‘SEC. 2047. DEFINITIONS.

4 ‘‘For purposes of this chapter:

5 ‘‘(1) ARMED FORCES.—The term ‘Armed

6 Forces’ means the Army, Navy, Air Force, Marine

7 Corps, and Coast Guard.

8 ‘‘(2) PROGRAM.—The term ‘Program’ means

9 the Troops-to-Teachers Program authorized by this

10 subpart.

11 ‘‘(3) RESERVE COMPONENT.—The term ‘reserve

12 component’ means—

13 ‘‘(A) the Army National Guard of the

14 United States;

15 ‘‘(B) the Army Reserve;

16 ‘‘(C) the Naval Reserve;

17 ‘‘(D) the Marine Corps Reserve;

18 ‘‘(E) the Air National Guard of the United

19 States;

20 ‘‘(F) the Air Force Reserve; and

21 ‘‘(G) the Coast Guard Reserve.

22 ‘‘(4) SECRETARY CONCERNED.—The term ‘Sec23 retary concerned’ means—
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1 ‘‘(A) the Secretary of the Army, with re2 spect to matters concerning a reserve compo3 nent of the Army;

4 ‘‘(B) the Secretary of the Navy, with re5 spect to matters concerning a reserve compo6 nent of the Navy;

7 ‘‘(C) the Secretary of the Air Force, with

8 respect to matters concerning a reserve compo9 nent of the Air Force; and

10 ‘‘(D) the Secretary of Transportation, with

11 respect to matters concerning the Coast Guard

12 Reserve.

13 ‘‘CHAPTER 2—TRANSITION TO TEACHING

14 ‘‘SEC. 2048. PROFESSIONALS SEEKING TO CHANGE CA15 REERS.

16 ‘‘(a) PURPOSE.—The purpose of this section is to ad17 dress the need of high-need local educational agencies for

18 highly qualified teachers in particular subject areas, such

19 as mathematics, science, foreign languages, bilingual edu20 cation, and special education, needed by those agencies,

21 following the model of the program under chapter 1, by

22 recruiting, preparing, placing, and supporting career23 changing professionals who have knowledge and experi24 ence that will help them become such teachers.
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1 ‘‘(b) PROGRAM AUTHORIZED.—The Secretary may

2 award grants, contracts, or cooperative agreements to in3 stitutions of higher education and public and private non4 profit agencies or organizations to carry out programs au5 thorized by this section.

6 ‘‘(c) APPLICATION.—Each applicant that desires an

7 award under subsection (b) shall submit an application to

8 the Secretary containing such information as the Sec9 retary requires, including—

10 ‘‘(1) a description of the target group of career11 changing professionals upon which the applicant will

12 focus its recruitment efforts in carrying out its pro13 gram under this section, including a description of

14 the characteristics of that target group that shows

15 how the knowledge and experience of its members

16 are relevant to meeting the purpose of this section;

17 ‘‘(2) a description of the training that program

18 participants will receive and how that training will

19 relate to their certification as teachers;

20 ‘‘(3) a description of how the applicant will col21 laborate, as needed, with other institutions, agencies,

22 or organizations to recruit, train, place, support, and

23 provide teacher induction programs to program par24 ticipants under this section, including evidence of
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1 the commitment of those institutions, agencies, or

2 organizations to the applicant’s program;

3 ‘‘(4) a description of how the applicant will

4 evaluate the progress and effectiveness of its pro5 gram, including—

6 ‘‘(A) the program’s goals and objectives;

7 ‘‘(B) the performance indicators the appli8 cant will use to measure the program’s

9 progress; and

10 ‘‘(C) the outcome measures that will be

11 used to determine the program’s effectiveness;

12 and

13 ‘‘(5) such other information and assurances as

14 the Secretary may require.

15 ‘‘(d) USES OF FUNDS AND PERIOD OF SERVICE.—

16 ‘‘(1) AUTHORIZED ACTIVITIES.—Funds under

17 this section may be used for—

18 ‘‘(A) recruiting program participants, in19 cluding informing them of opportunities under

20 the program and putting them in contact with

21 other institutions, agencies, or organizations

22 that would train, place, and support them;

23 ‘‘(B) training stipends and other financial

24 incentives for program participants, not to ex25 ceed $5,000 per participant;
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1 ‘‘(C) assisting institutions of higher edu2 cation or other providers of teacher training to

3 tailor their training to meet the particular

4 needs of professionals who are changing their

5 careers to teaching;

6 ‘‘(D) placement activities, including identi7 fying high-need local educational agencies with

8 a need for the particular skills and characteris9 tics of the newly trained program participants

10 and assisting those participants to obtain em11 ployment in those local educational agencies;

12 and

13 ‘‘(E) post-placement induction or support

14 activities for program participants.

15 ‘‘(2) PERIOD OF SERVICE.—A program partici16 pant in a program under this section who completes

17 his or her training shall serve in a high-need local

18 educational agency for at least 3 years.

19 ‘‘(3) REPAYMENT.—The Secretary shall estab20 lish such requirements as the Secretary determines

21 appropriate to ensure that program participants who

22 receive a training stipend or other financial incentive

23 under paragraph (1)(B), but fail to complete their

24 service obligation under paragraph (2), repay all or

25 a portion of such stipend or other incentive.
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1 ‘‘(e) EQUITABLE DISTRIBUTION.—To the extent

2 practicable, the Secretary shall make awards under this

3 section that support programs in different geographic re4 gions of the United States.

5 ‘‘(f) DEFINITION.—As used in this section, the term

6 ‘program participants’ means career-changing profes7 sionals who—

8 ‘‘(1) hold at least a baccalaureate degree;

9 ‘‘(2) demonstrate interest in, and commitment

10 to, becoming a teacher; and

11 ‘‘(3) have knowledge and experience that are

12 relevant to teaching a high-need subject area in a

13 high-need local educational agency.

14 ‘‘Subpart 5—Funding

15 ‘‘SEC. 2051. AUTHORIZATIONS OF APPROPRIATIONS.

16 ‘‘(a) IN GENERAL.—For the purpose of carrying out

17 this part, other than subpart 4, there are authorized to

18 be appropriated $3,600,000,000 for fiscal year 2002 and

19 such sums as may be necessary for each of fiscal years

20 2003 through 2006.

21 ‘‘(b) SUBPART 4.—For the purpose of carrying out

22 subpart 4, there are authorized to be appropriated

23 $50,000,000 for fiscal year 2002 and such sums as may

24 be necessary for each of fiscal years 2003 through 2006.
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1 ‘‘Subpart 6—General Provisions

2 ‘‘SEC. 2061. DEFINITIONS.

3 ‘‘For purposes of this part—

4 ‘‘(1) ARTS AND SCIENCES.—The term ‘arts and

5 sciences’ means—

6 ‘‘(A) when referring to an organizational

7 unit of an institution of higher education, any

8 academic unit that offers one or more academic

9 majors in disciplines or content areas cor10 responding to the academic subject matter

11 areas in which teachers provide instruction; and

12 ‘‘(B) when referring to a specific academic

13 subject matter area, the disciplines or content

14 areas in which academic majors are offered by

15 the arts and sciences organizational unit.

16 ‘‘(2) BEGINNING TEACHER.—The term ‘begin17 ning teacher’ means an educator in a public school

18 who has not yet been teaching 3 full school years.

19 ‘‘(3) MENTORING PROGRAM.—The term ‘men20 toring program’ means to provide professional sup21 port and development, instruction, and guidance to

22 beginning teachers, but does not include a teacher or

23 individual who begins to work in a supervisory posi24 tion.

25 ‘‘(4) PUBLICLY REPORT.—The term ‘publicly

26 report’, when used with respect to the dissemination
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1 of information, means that the information is made

2 widely available to the public, including parents and

3 students, through such means as the Internet and

4 major print and broadcast media outlets.’’.

5 SEC. 202. NATIONAL WRITING PROJECT.

6 (a) TRANSFER AND REDESIGNATION.—Part K of

7 title X (20 U.S.C. 8331 et seq.) is transferred and redesig8 nated as part B of title II. Sections 10991 and 10992

9 are redesignated as sections 2101 and 2102, respectively.

10 (b) EVALUATION.—Section 2102(g) (as so redesig11 nated) is amended—

12 (1) in paragraph (1), by striking ‘‘14701.’’ and

13 inserting ‘‘8651.’’; and

14 (2) in paragraph (2), by striking ‘‘1994’’ and

15 inserting ‘‘2002’’.

16 (c) REAUTHORIZATION.—Section 2102(i) (as so re17 designated) is amended by striking ‘‘$4,000,000 for fiscal

18 year 1995, and such sums as may be necessary for each

19 of the four succeeding fiscal years,’’ and inserting ‘‘such

20 sums as may be necessary for fiscal year 2002 and the

21 four succeeding fiscal years,’’.

22 (d) CONTINUATION OF AWARDS.—Notwithstanding

23 any other provision of this Act, any person or agency that

24 was awarded a grant or contract under part K of title

25 X (20 U.S.C. 8331 et seq.) prior to the date of the enact-
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1 ment of this Act shall continue to receive funds in accord2 ance with the terms of such award until the date on which

3 the award period terminates under such terms.

4 SEC. 203. CIVIC EDUCATION; TEACHER LIABILITY PROTEC5 TION.

6 (a) IN GENERAL.—Title II, as amended by sections

7 201 and 202, is further amended by adding at the end

8 the following:

9 ‘‘PART C—CIVIC EDUCATION

10 ‘‘SEC. 2201. SHORT TITLE.

11 ‘‘This part may be cited as the ‘Education for De12 mocracy Act’.

13 ‘‘SEC. 2202. FINDINGS.

14 ‘‘The Congress finds that—

15 ‘‘(1) college freshmen surveyed in 1999 by the

16 Higher Education Research Institute at the Univer17 sity of California at Los Angeles demonstrated high18 er levels of disengagement, both academically and

19 politically, than any previous entering class of stu20 dents;

21 ‘‘(2) college freshmen in 1999 demonstrated the

22 lowest levels of political interest in the 20-year his23 tory of surveys conducted by the Higher Education

24 Research Institute at the University of California at

25 Los Angeles;
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1 ‘‘(3) United States secondary school students

2 expressed relatively low levels of interest in politics

3 and economics in a 1999 Harris survey;

4 ‘‘(4) the 32d Annual Phi Delta Kappa/Gallup

5 Poll of 2000 indicated that preparing students to be6 come responsible citizens was the most important

7 purpose of public schools;

8 ‘‘(5) Americans surveyed by the Organization of

9 Economic Cooperation and Development indicated

10 that only 59 percent had confidence that schools

11 have a major effect on the development of good citi12 zenship;

13 ‘‘(6) teachers too often do not have sufficient

14 expertise in the subjects that they teach, and 50 per15 cent of all secondary school history students in

16 America are being taught by teachers with neither a

17 major nor a minor in history;

18 ‘‘(7) secondary school students correctly an19 swered fewer than 50 percent of the questions on a

20 national test of economic knowledge in a 1999 Har21 ris survey;

22 ‘‘(8) the 1998 National Assessment of Edu23 cational Progress indicated that students have only

24 superficial knowledge of, and lacked a depth of un25 derstanding regarding, civics;
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1 ‘‘(9) civics and economic education are impor2 tant not only to developing citizenship competencies

3 in the United States but also are critical to sup4 porting political stability and economic health in

5 other democracies, particularly emerging democratic

6 market economies;

7 ‘‘(10) more than 75 percent of Americans sur8 veyed by the National Constitution Center in 1997

9 admitted that they knew only some or very little

10 about the Constitution of the United States; and

11 ‘‘(11) the Constitution of the United States is

12 too often viewed within the context of history and

13 not as a living document that shapes current events.

14 ‘‘SEC. 2203. PURPOSE.

15 ‘‘It is the purpose of this part—

16 ‘‘(1) to improve the quality of civics and gov17 ernment education by educating students about the

18 history and principles of the Constitution of the

19 United States, including the Bill of Rights;

20 ‘‘(2) to foster civic competence and responsi21 bility; and

22 ‘‘(3) to improve the quality of civic education

23 and economic education through cooperative civic

24 education and economic education exchange pro25 grams with emerging democracies.
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1 ‘‘SEC. 2204. AUTHORITY.

2 ‘‘The Secretary may make grants to, or enter into

3 contracts with—

4 ‘‘(1) the Center for Civic Education to carry

5 out civic education activities in accordance with sec6 tions 2205 and 2206; and

7 ‘‘(2) the National Council on Economic Edu8 cation to carry out economic education activities in

9 accordance with section 2206.

10 ‘‘SEC. 2205. WE THE PEOPLE PROGRAM.

11 ‘‘(a) USE OF FUNDS.—The Center for Civic Edu12 cation may use funds made available under grants or con13 tracts under section 2204(1) only to carry out activities—

14 ‘‘(1) under the Citizen and the Constitution

15 program in accordance with subsection (b); and

16 ‘‘(2) under the Project Citizen program in ac17 cordance with subsection (c).

18 ‘‘(b) CITIZEN AND THE CONSTITUTION PROGRAM.—

19 ‘‘(1) EDUCATIONAL ACTIVITIES.—The Center

20 for Civic Education—

21 ‘‘(A) shall use funds made available under

22 grants or contracts under section 2204(1)—

23 ‘‘(i) to continue and expand the edu24 cational activities of the program entitled

25 the ‘We the People . . . The Citizen and the
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1 Constitution’ administered by the Center

2 for Civic Education;

3 ‘‘(ii) to carry out activities to enhance

4 student attainment of challenging aca5 demic content standards in civics and gov6 ernment;

7 ‘‘(iii) to provide a course of instruc8 tion on the basic principles of the Nation’s

9 constitutional democracy and the history of

10 the Constitution of the United States, in11 cluding the Bill of Rights;

12 ‘‘(iv) to provide, at the request of a

13 participating school, school and community

14 simulated congressional hearings following

15 the course of instruction described in

16 clause (iii); and

17 ‘‘(v) to provide an annual national

18 competition of simulated congressional

19 hearings for secondary school students who

20 wish to participate in such a program; and

21 ‘‘(B) may use assistance made available

22 under section 2204(1)—

23 ‘‘(i) to provide advanced sustained

24 and ongoing training of teachers about the
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1 Constitution of the United States and the

2 political system of the United States;

3 ‘‘(ii) to provide materials and methods

4 of instruction, including teacher training,

5 that utilize the latest advancements in edu6 cational technology; and

7 ‘‘(iii) to provide civic education mate8 rials and services to address specific prob9 lems such as the prevention of school vio10 lence and the abuse of drugs and alcohol.

11 ‘‘(2) AVAILABILITY OF PROGRAM.—As a condi12 tion of receipt of funds under grants or contracts

13 under section 2204(1), the Secretary shall require

14 the Center for Civic Education to make the edu15 cation program authorized under this subsection

16 available to public and private elementary schools

17 and secondary schools, including Bureau-funded

18 schools, in each of the 435 congressional districts,

19 and in the District of Columbia, the Commonwealth

20 of Puerto Rico, the Virgin Islands, Guam, American

21 Samoa, and the Commonwealth of the Northern

22 Mariana Islands.

23 ‘‘(c) PROJECT CITIZEN.—

24 ‘‘(1) EDUCATIONAL ACTIVITIES.—The Center

25 for Civic Education—
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1 ‘‘(A) shall use funds made available under

2 grants or contracts under section 2204(1)—

3 ‘‘(i) to continue and expand the edu4 cational activities of the program entitled

5 the ‘We the People . . . Project Citizen’ pro6 gram administered by the Center;

7 ‘‘(ii) to carry out activities to enhance

8 student attainment of challenging aca9 demic content standards in civics and gov10 ernment;

11 ‘‘(iii) to provide a course of instruc12 tion at the middle school level on the roles

13 of State and local governments in the Fed14 eral system established by the Constitution

15 of the United States; and

16 ‘‘(iv) to provide an annual national

17 showcase or competition; and

18 ‘‘(B) may use funds made available under

19 grants or contracts under section 2204(1)—

20 ‘‘(i) to provide optional school and

21 community simulated State legislative

22 hearings;

23 ‘‘(ii) to provide advanced sustained

24 and ongoing training of teachers on the

25 roles of State and local governments in the
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1 Federal system established by the Con2 stitution of the United States;

3 ‘‘(iii) to provide materials and meth4 ods of instruction, including teacher train5 ing, that utilize the latest advancements in

6 educational technology; and

7 ‘‘(iv) to provide civic education mate8 rials and services to address specific prob9 lems such as the prevention of school vio10 lence and the abuse of drugs and alcohol.

11 ‘‘(2) AVAILABILITY OF PROGRAM.—As a condi12 tion of receipt of funds under grants or contracts

13 under section 2204(1), the Secretary shall require

14 the Center for Civic Education to make the edu15 cation program authorized under this subsection

16 available to public and private middle schools, in17 cluding Bureau-funded schools, in each of the 50

18 States, the District of Columbia, the Commonwealth

19 of Puerto Rico, the Virgin Islands, Guam, American

20 Samoa, and the Commonwealth of the Northern

21 Mariana Islands.

22 ‘‘(d) BUREAU-FUNDED SCHOOL DEFINED.—In this

23 section, the term ‘Bureau-funded school’ has the meaning

24 given such term in section 1146 of the Education Amend25 ments of 1978 (25 U.S.C. 2026).
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1 ‘‘SEC. 2206. COOPERATIVE CIVIC EDUCATION AND ECO2 NOMIC EDUCATION EXCHANGE PROGRAMS.

3 ‘‘(a) USE OF FUNDS.—The Center for Civic Edu4 cation and the National Council on Economic Education

5 may use funds made available under grants or contracts

6 under section 2204(2) only to carry out cooperative edu7 cation exchange programs that—

8 ‘‘(1) make available to educators from eligible

9 countries exemplary curriculum and teacher training

10 programs in civics and government education, and

11 economics education, developed in the United States;

12 ‘‘(2) assist eligible countries in the adaptation,

13 implementation, and institutionalization of programs

14 described in paragraph (1);

15 ‘‘(3) create and implement programs for civics

16 and government education, and economic education,

17 for students that draw upon the experiences of the

18 participating eligible countries;

19 ‘‘(4) provide means for the exchange of ideas

20 and experiences in civics and government education,

21 and economic education, among political, edu22 cational, governmental, and private sector leaders of

23 participating eligible countries; and

24 ‘‘(5) provide support for—

25 ‘‘(A) independent research and evaluation

26 to determine the effects of educational pro-
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1 grams on students’ development of the knowl2 edge, skills, and traits of character essential for

3 the preservation and improvement of constitu4 tional democracy; and

5 ‘‘(B) effective participation in and the

6 preservation and improvement of an efficient

7 market economy.

8 ‘‘(b) ACTIVITIES.—In carrying out the cooperative

9 education exchange programs assisted under this section,

10 the Center for Civic Education and the National Council

11 on Economic Education shall—

12 ‘‘(1) provide to the participants from eligible

13 countries—

14 ‘‘(A) seminars on the basic principles of

15 United States constitutional democracy and

16 economic system, including seminars on the

17 major governmental and economic institutions

18 and systems in the United States, and visits to

19 such institutions;

20 ‘‘(B) visits to school systems, institutions

21 of higher education, and nonprofit organizations

22 conducting exemplary programs in civics and

23 government education, and economic education,

24 in the United States;
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1 ‘‘(C) translations and adaptations with re2 spect to United States civics and government

3 education, and economic education, curricular

4 programs for students and teachers, and in the

5 case of training programs for teachers trans6 lations and adaptations into forms useful in

7 schools in eligible countries, and joint research

8 projects in such areas; and

9 ‘‘(D) independent research and evaluation

10 assistance—

11 ‘‘(i) to determine the effects of the co12 operative education exchange programs on

13 students’ development of the knowledge,

14 skills, and traits of character essential for

15 the preservation and improvement of con16 stitutional democracy; and

17 ‘‘(ii) to identify effective participation

18 in and the preservation and improvement

19 of an efficient market economy;

20 ‘‘(2) provide to the participants from the

21 United States—

22 ‘‘(A) seminars on the histories, economies,

23 and systems of government of eligible countries;

24 ‘‘(B) visits to school systems, institutions

25 of higher education, and organizations con-
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1 ducting exemplary programs in civics and gov2 ernment education, and economic education, lo3 cated in eligible countries;

4 ‘‘(C) assistance from educators and schol5 ars in eligible countries in the development of

6 curricular materials on the history, government,

7 and economy of such countries that are useful

8 in United States classrooms;

9 ‘‘(D) opportunities to provide onsite dem10 onstrations of United States curricula and ped11 agogy for educational leaders in eligible coun12 tries; and

13 ‘‘(E) independent research and evaluation

14 assistance to determine—

15 ‘‘(i) the effects of the cooperative edu16 cation exchange programs assisted under

17 this section on students’ development of

18 the knowledge, skills, and traits of char19 acter essential for the preservation and im20 provement of constitutional democracy;

21 and

22 ‘‘(ii) effective participation in and im23 provement of an efficient market economy;

24 and
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1 ‘‘(3) assist participants from eligible countries

2 and the United States to participate in international

3 conferences on civics and government education, and

4 economic education, for educational leaders, teacher

5 trainers, scholars in related disciplines, and edu6 cational policymakers.

7 ‘‘(c) PARTICIPANTS.—The primary participants in

8 the cooperative education exchange programs assisted

9 under this section shall be educational leaders in the areas

10 of civics and government education, and economic edu11 cation, including teachers, curriculum and teacher train12 ing specialists, scholars in relevant disciplines, and edu13 cational policymakers, and government and private sector

14 leaders from the United States and eligible countries.

15 ‘‘(d) CONSULTATION.—The Secretary may make a

16 grant, or enter into a contract, under section 2204(2) only

17 if the Secretary of State concurs with the Secretary that

18 such grant, or contract, is consistent with the foreign pol19 icy of the United States.

20 ‘‘(e) AVOIDANCE OF DUPLICATION.—With the con21 currence of the Secretary of State, the Secretary shall en22 sure that—

23 ‘‘(1) the activities carried out under the pro24 grams assisted under this section are not duplicative
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1 of other activities conducted in eligible countries;

2 and

3 ‘‘(2) any institutions in eligible countries, with

4 which the Center for Civic Education or the Na5 tional Council on Economic Education may work in

6 conducting such activities, are creditable.

7 ‘‘(f) ELIGIBLE COUNTRY DEFINED.—In this section,

8 the term ‘eligible country’ means a Central European

9 country, an Eastern European country, Lithuania, Latvia,

10 Estonia, the independent states of the former Soviet

11 Union as defined in section 3 of the FREEDOM Support

12 Act (22 U.S.C. 5801), the Republic of Ireland, the prov13 ince of Northern Ireland in the United Kingdom, and any

14 developing country (as such term is defined in section

15 209(d) of the Education for the Deaf Act) if the Sec16 retary, with the concurrence of the Secretary of State, de17 termines that such developing country has a democratic

18 form of government.

19 ‘‘SEC. 2207. FUNDING.

20 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—

21 ‘‘(1) WE THE PEOPLE PROGRAM.—There are

22 authorized to be appropriated to carry out sections

23 2204(1) and 2205 such sums as may be necessary

24 for each of fiscal years 2002 through 2006.
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1 ‘‘(2) COOPERATIVE CIVIC EDUCATION AND ECO2 NOMIC EDUCATION EXCHANGE PROGRAMS.—There

3 are authorized to be appropriated to carry out sec4 tions 2204(2) and 2206 such sums as may be nec5 essary for each of fiscal years 2002 through 2006.

6 ‘‘(b) LIMITATION.—In each fiscal year, the Secretary

7 may use not more than 50 percent of the amount appro8 priated under subsection (a)(2) for assistance for eco9 nomic educational activities.

10 ‘‘PART D—TEACHER LIABILITY PROTECTION

11 ‘‘SEC. 2301. SHORT TITLE.

12 ‘‘This part may be cited as the ‘Paul Coverdell Teach13 er Liability Protection Act of 2001’.

14 ‘‘SEC. 2302. FINDINGS AND PURPOSE.

15 ‘‘(a) FINDINGS.—Congress makes the following find16 ings:

17 ‘‘(1) The ability of teachers, principals and

18 other school professionals to teach, inspire and

19 shape the intellect of our Nation’s elementary and

20 secondary school students is deterred and hindered

21 by frivolous lawsuits and litigation.

22 ‘‘(2) Each year more and more teachers, prin23 cipals and other school professionals face lawsuits

24 for actions undertaken as part of their duties to pro-
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1 vide millions of school children quality educational

2 opportunities.

3 ‘‘(3) Too many teachers, principals and other

4 school professionals face increasingly severe and ran5 dom acts of violence in the classroom and in schools.

6 ‘‘(4) Providing teachers, principals and other

7 school professionals a safe and secure environment is

8 an important part of the effort to improve and ex9 pand educational opportunities.

10 ‘‘(5) Clarifying and limiting the liability of

11 teachers, principals and other school professionals

12 who undertake reasonable actions to maintain order,

13 discipline and an appropriate educational environ14 ment is an appropriate subject of Federal legislation

15 because—

16 ‘‘(A) the scope of the problems created by

17 the legitimate fears of teachers, principals and

18 other school professionals about frivolous, arbi19 trary or capricious lawsuits against teachers is

20 of national importance; and

21 ‘‘(B) millions of children and their families

22 across the Nation depend on teachers, prin23 cipals and other school professionals for the in24 tellectual development of children.
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1 ‘‘(b) PURPOSE.—The purpose of this part is to pro2 vide teachers, principals and other school professionals the

3 tools they need to undertake reasonable actions to main4 tain order, discipline and an appropriate educational envi5 ronment.

6 ‘‘SEC. 2303. PREEMPTION AND ELECTION OF STATE NON7 APPLICABILITY.

8 ‘‘(a) PREEMPTION.—This part preempts the laws of

9 any State to the extent that such laws are inconsistent

10 with this part, except that this part shall not preempt any

11 State law that provides additional protection from liability

12 relating to teachers.

13 ‘‘(b) ELECTION OF STATE REGARDING NONAPPLICA14 BILITY.—This part shall not apply to any civil action in

15 a State court against a teacher with respect to claims aris16 ing within that State if such State enacts a statute in ac17 cordance with State requirements for enacting

18 legislation—

19 ‘‘(1) citing the authority of this subsection;

20 ‘‘(2) declaring the election of such State that

21 this part shall not apply, as of a date certain, to

22 such civil action in the State; and

23 ‘‘(3) containing no other provisions.
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1 ‘‘SEC. 2304. LIMITATION ON LIABILITY FOR TEACHERS.

2 ‘‘(a) LIABILITY PROTECTION FOR TEACHERS.—Ex3 cept as provided in subsections (b) and (c), no teacher in

4 a school shall be liable for harm caused by an act or omis5 sion of the teacher on behalf of the school if—

6 ‘‘(1) the teacher was acting within the scope of

7 the teacher’s employment or responsibilities related

8 to providing educational services;

9 ‘‘(2) the actions of the teacher were carried out

10 in conformity with local, State, and Federal laws,

11 rules and regulations in furtherance of efforts to

12 control, discipline, expel, or suspend a student or

13 maintain order or control in the classroom or school;

14 ‘‘(3) if appropriate or required, the teacher was

15 properly licensed, certified, or authorized by the ap16 propriate authorities for the activities or practice in

17 the State in which the harm occurred, where the ac18 tivities were or practice was undertaken within the

19 scope of the teacher’s responsibilities;

20 ‘‘(4) the harm was not caused by willful or

21 criminal misconduct, gross negligence, reckless mis22 conduct, or a conscious, flagrant indifference to the

23 rights or safety of the individual harmed by the

24 teacher; and

25 ‘‘(5) the harm was not caused by the teacher

26 operating a motor vehicle, vessel, aircraft, or other
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1 vehicle for which the State requires the operator or

2 the owner of the vehicle, craft, or vessel to—

3 ‘‘(A) possess an operator’s license; or

4 ‘‘(B) maintain insurance.

5 ‘‘(b) CONCERNING RESPONSIBILITY OF TEACHERS

6 TO SCHOOLS AND GOVERNMENTAL ENTITIES.—Nothing

7 in this section shall be construed to affect any civil action

8 brought by any school or any governmental entity against

9 any teacher of such school.

10 ‘‘(c) EXCEPTIONS TO TEACHER LIABILITY PROTEC11 TION.—If the laws of a State limit teacher liability subject

12 to one or more of the following conditions, such conditions

13 shall not be construed as inconsistent with this section:

14 ‘‘(1) A State law that requires a school or gov15 ernmental entity to adhere to risk management pro16 cedures, including mandatory training of teachers.

17 ‘‘(2) A State law that makes the school or gov18 ernmental entity liable for the acts or omissions of

19 its teachers to the same extent as an employer is lia20 ble for the acts or omissions of its employees.

21 ‘‘(3) A State law that makes a limitation of li22 ability inapplicable if the civil action was brought by

23 an officer of a State or local government pursuant

24 to State or local law.
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1 ‘‘(d) LIMITATION ON PUNITIVE DAMAGES BASED ON

2 THE ACTIONS OF TEACHERS.—

3 ‘‘(1) GENERAL RULE.—Punitive damages may

4 not be awarded against a teacher in an action

5 brought for harm based on the action of a teacher

6 acting within the scope of the teacher’s responsibil7 ities to a school or governmental entity unless the

8 claimant establishes by clear and convincing evidence

9 that the harm was proximately caused by an action

10 of such teacher which constitutes willful or criminal

11 misconduct, or a conscious, flagrant indifference to

12 the rights or safety of the individual harmed.

13 ‘‘(2) CONSTRUCTION.—Paragraph (1) does not

14 create a cause of action for punitive damages and

15 does not preempt or supersede any Federal or State

16 law to the extent that such law would further limit

17 the award of punitive damages.

18 ‘‘(e) EXCEPTIONS TO LIMITATIONS ON LIABILITY.—

19 ‘‘(1) IN GENERAL.—The limitations on the li20 ability of a teacher under this part shall not apply

21 to any misconduct that—

22 ‘‘(A) constitutes a crime of violence (as

23 that term is defined in section 16 of title 18,

24 United States Code) or act of international ter25 rorism (as that term is defined in section 2331
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1 of title 18, United States Code) for which the

2 defendant has been convicted in any court;

3 ‘‘(B) involves a sexual offense, as defined

4 by applicable State law, for which the defendant

5 has been convicted in any court;

6 ‘‘(C) involves misconduct for which the de7 fendant has been found to have violated a Fed8 eral or State civil rights law; or

9 ‘‘(D) where the defendant was under the

10 influence (as determined pursuant to applicable

11 State law) of intoxicating alcohol or any drug at

12 the time of the misconduct.

13 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in

14 this subsection shall be construed to affect sub15 section (a)(3) or (d).

16 ‘‘SEC. 2305. LIABILITY FOR NONECONOMIC LOSS.

17 ‘‘(a) GENERAL RULE.—In any civil action against a

18 teacher, based on an action of a teacher acting within the

19 scope of the teacher’s responsibilities to a school or gov20 ernmental entity, the liability of the teacher for non21 economic loss shall be determined in accordance with sub22 section (b).

23 ‘‘(b) AMOUNT OF LIABILITY.—

24 ‘‘(1) IN GENERAL.—Each defendant who is a

25 teacher, shall be liable only for the amount of non-
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1 economic loss allocated to that defendant in direct

2 proportion to the percentage of responsibility of that

3 defendant (determined in accordance with paragraph

4 (2)) for the harm to the claimant with respect to

5 which that defendant is liable. The court shall

6 render a separate judgment against each defendant

7 in an amount determined pursuant to the preceding

8 sentence.

9 ‘‘(2) PERCENTAGE OF RESPONSIBILITY.—For

10 purposes of determining the amount of noneconomic

11 loss allocated to a defendant who is a teacher under

12 this section, the trier of fact shall determine the per13 centage of responsibility of that defendant for the

14 claimant’s harm.

15 ‘‘SEC. 2306. RULE OF CONSTRUCTION.

16 ‘‘Nothing in this part shall be construed to affect any

17 State or local law (including a rule or regulation) or policy

18 pertaining to the use of corporal punishment.

19 ‘‘SEC. 2307. DEFINITIONS.

20 ‘‘For purposes of this part:

21 ‘‘(1) ECONOMIC LOSS.—The term ‘economic

22 loss’ means any pecuniary loss resulting from harm

23 (including the loss of earnings or other benefits re24 lated to employment, medical expense loss, replace25 ment services loss, loss due to death, burial costs,
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1 and loss of business or employment opportunities) to

2 the extent recovery for such loss is allowed under ap3 plicable State law.

4 ‘‘(2) HARM.—The term ‘harm’ includes phys5 ical, nonphysical, economic, and noneconomic losses.

6 ‘‘(3) NONECONOMIC LOSSES.—The term ‘non7 economic losses’ means losses for physical and emo8 tional pain, suffering, inconvenience, physical im9 pairment, mental anguish, disfigurement, loss of en10 joyment of life, loss of society and companionship,

11 loss of consortium (other than loss of domestic serv12 ice), hedonic damages, injury to reputation and all

13 other nonpecuniary losses of any kind or nature.

14 ‘‘(4) SCHOOL.—The term ‘school’ means a pub15 lic or private kindergarten, a public or private ele16 mentary school or secondary school (as defined in

17 section 14101, or a home school.

18 ‘‘(5) STATE.—The term ‘State’ means each of

19 the several States of the United States, the District

20 of Columbia, the Commonwealth of Puerto Rico, the

21 United States Virgin Islands, Guam, American

22 Samoa, the Commonwealth of the Northern Mariana

23 Islands, any other territory or possession of the

24 United States, or any political subdivision of any

25 such State, territory, or possession.
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1 ‘‘(6) TEACHER.—The term ‘teacher’ means a

2 teacher, instructor, principal, administrator, or other

3 educational professional that works in a school, a

4 local school board and any member of such board,

5 and a local educational agency and any employee of

6 such agency.

7 ‘‘SEC. 2308. APPLICABILITY.

8 ‘‘This part applies to any claim for harm caused by

9 an act or omission of a teacher if that claim is filed on

10 or after the effective date of the No Child Left Behind

11 Act of 2001 without regard to whether the harm that is

12 the subject of the claim or the conduct that caused the

13 harm occurred before such effective date.’’.

14 TITLE III—EDUCATION OF LIM15 ITED ENGLISH PROFICIENT

16 AND IMMIGRANT CHILDREN;

17 INDIAN AND ALASKA NATIVE

18 EDUCATION

19 PART A—EDUCATION OF LIMITED ENGLISH

20 PROFICIENT AND IMMIGRANT CHILDREN

21 SEC. 301. PROGRAMS AUTHORIZED.

22 (a) TITLE HEADING.—The heading for title III is

23 amended to read as follows:
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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 (b) SHORT TITLE.—Section 3101 (20 U.S.C. 6801)

7 is repealed.

8 (c) LIMITATION ON AVAILABILITY OF CERTAIN

9 FUNDS FOR SCHOOLS.—

10 (1) IN GENERAL.—Section 3601 (20 U.S.C.

11 7001)—

12 (A) is transferred to part B of title V (as

13 amended by section 501) and inserted after sec14 tion 5204 (as so amended);

15 (B) is redesignated as section 5205; and

16 (C) is amended by striking ‘‘this title’’

17 each place such term appears and inserting

18 ‘‘this part’’.

19 (2) PART HEADING REPEAL.—The part heading

20 for part F of title III is repealed.

21 (d) LIMITED ENGLISH PROFICIENT AND IMMIGRANT

22 CHILDREN.—Parts A through E of title III (20 U.S.C.

23 6811 et seq.) are amended to read as follows:
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1 ‘‘PART A—EDUCATION OF LIMITED ENGLISH

2 PROFICIENT AND IMMIGRANT CHILDREN

3 ‘‘Subpart 1—English Language and Academic

4 Instructional Programs

5 ‘‘SEC. 3101. SHORT TITLE.

6 ‘‘This subpart may be cited as the ‘English Language

7 Proficiency and Academic Achievement Act’.

8 ‘‘SEC. 3102. FINDINGS AND PURPOSES.

9 ‘‘(a) FINDINGS.—The Congress finds as follows:

10 ‘‘(1) English is the common language of the

11 United States and every citizen and other person re12 siding in the United States should have a command

13 of the English language in order to develop to their

14 full potential.

15 ‘‘(2) Limited English proficient children, in16 cluding recent immigrant children, must overcome a

17 number of challenges in receiving an education in

18 order to participate fully in American society,

19 including—

20 ‘‘(A) segregated educational programs;

21 ‘‘(B) disproportionate and improper place22 ment in special education and other special pro23 grams due to the use of inappropriate evalua24 tion procedures;

25 ‘‘(C) the limited English proficiency of

26 their parents, which hinders the parents’ ability
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1 to fully participate in the education of their

2 children; and

3 ‘‘(D) a need for additional teachers and

4 other staff who are professionally trained and

5 qualified to serve such children.

6 ‘‘(3) States and local educational agencies need

7 assistance in developing the capacity to provide pro8 grams of instruction that offer and provide an equal

9 educational opportunity to children who need special

10 assistance because English is not their dominant

11 language.

12 ‘‘(4) Since 1979, the number of limited English

13 proficient children attending school in the United

14 States has more than doubled to greater than

15 4,000,000, and demographic trends indicate the pop16 ulation of limited English proficient children will

17 continue to increase.

18 ‘‘(5) Native Americans, including native resi19 dents of the outlying areas, and Native American

20 languages (as such terms are defined in section 103

21 of the Native American Languages Act) have a

22 unique status under Federal law that requires spe23 cial policies within the broad purposes of this part

24 to serve the educational needs of language minority

25 students in the United States.
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1 ‘‘(6) Research, evaluation, and data collection

2 capabilities in the field of instruction for limited

3 English proficient children need to be strengthened

4 so that educators and other staff teaching limited

5 English proficient children in the classroom can bet6 ter identify and promote programs, program imple7 mentation strategies, and instructional practices that

8 result in the effective education of limited English

9 proficient children.

10 ‘‘(7) The Federal Government has a special and

11 continuing obligation to ensure that States and local

12 educational agencies provide children of limited

13 English proficiency the same educational opportuni14 ties afforded other children.

15 ‘‘(b) PURPOSES.—The purposes of this part are—

16 ‘‘(1) to help ensure that children who are lim17 ited English proficient, including recent immigrant

18 children, attain English proficiency, develop high lev19 els of academic attainment in English, and meet the

20 same challenging State academic content standards

21 and challenging State student academic achievement

22 standards expected of all children;

23 ‘‘(2) to develop high-quality programs designed

24 to assist local educational agencies in teaching lim25 ited English proficient children;
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1 ‘‘(3) to assist local educational agencies to de2 velop and enhance their capacity to provide high3 quality instructional programs designed to prepare

4 limited English proficient students, including recent

5 immigrant students, to enter all-English instruc6 tional settings within 3 years; and

7 ‘‘(4) to provide State educational agencies and

8 local educational agencies with the flexibility to im9 plement instructional programs, tied to scientifically

10 based reading research and sound research and the11 ory on teaching limited English proficient children,

12 that the agencies believe to be the most effective for

13 teaching English.

14 ‘‘SEC. 3103. PARENTAL NOTIFICATION AND CONSENT FOR

15 ENGLISH LANGUAGE INSTRUCTION.

16 ‘‘(a) NOTIFICATION.—If a local educational agency

17 uses funds under this subpart to provide English language

18 instruction to limited English proficient children, the

19 agency shall inform a parent or the parents of a child par20 ticipating in an English language instruction program for

21 limited English proficient children assisted under this sub22 part of—

23 ‘‘(1) the reasons for the identification of the

24 child as being in need of English language instruc25 tion;
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1 ‘‘(2) the child’s level of English proficiency, how

2 such level was assessed, and the status of the child’s

3 academic achievement;

4 ‘‘(3) how the English language instruction pro5 gram will specifically help the child acquire English

6 and meet age-appropriate standards for grade pro7 motion and graduation;

8 ‘‘(4) what the specific exit requirements are for

9 the program;

10 ‘‘(5) the expected rate of transition from the

11 program into a classroom that is not tailored for

12 limited English proficient children; and

13 ‘‘(6) the expected rate of graduation from high

14 school for the program if funds under this subpart

15 are used for children in secondary schools.

16 ‘‘(b) CONSENT.—

17 ‘‘(1) AGENCY REQUIREMENTS.—

18 ‘‘(A) INFORMED CONSENT.—For a child

19 who has been identified as limited English pro20 ficient prior to the beginning of the school year,

21 each local educational agency that receives

22 funds under this subpart shall make a reason23 able and substantial effort to obtain informed

24 parental consent prior to the placement of a

25 child in an English language instruction pro-
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1 gram for limited English proficient children

2 funded under this subpart, if the program does

3 not include classes which exclusively or almost

4 exclusively use the English language in instruc5 tion.

6 ‘‘(B) WRITTEN CONSENT NOT OB7 TAINED.—

8 ‘‘(i) IN GENERAL.—If written consent

9 is not obtained, the local educational agen10 cy shall maintain a written record that in11 cludes the date and the manner in which

12 such informed consent was sought, includ13 ing the specific efforts made to obtain such

14 consent.

15 ‘‘(ii) PROOF OF EFFORT.—Notice, in

16 an understandable form, of specific efforts

17 made to obtain written consent and a copy

18 of the written record described in clause (i)

19 shall be mailed or delivered in writing to a

20 parent or the parents of a child prior to

21 placing the child in a program described in

22 subparagraph (A), and shall include a final

23 request for parental consent for such serv24 ices. After such notice has been mailed or

25 delivered in writing, the local educational
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1 agency shall provide appropriate edu2 cational services.

3 ‘‘(iii) SPECIAL RULE APPLICABLE

4 DURING SCHOOL YEAR.—For those chil5 dren who have not been identified as lim6 ited English proficient prior to the begin7 ning of the school year, the local edu8 cational agency shall make a reasonable

9 and substantial effort to obtain parental

10 consent under this clause. For such chil11 dren, the agency shall document, in writ12 ing, its specific efforts to obtain such con13 sent prior to placing the child in a pro14 gram described in subparagraph (A). After

15 such documentation has been made, the

16 local educational agency shall provide ap17 propriate educational services to such

18 child. The proof of documentation shall be

19 mailed or delivered in writing to a parent

20 or the parents of the child in a timely

21 manner and shall include information on

22 how to have their child immediately re23 moved from the program upon their re24 quest. Nothing in this clause shall be con25 strued as exempting a local educational
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1 agency from complying with the notifica2 tion requirements of subsection (a) and the

3 consent requirements of this paragraph.

4 ‘‘(2) PARENTAL RIGHTS.—A parent or the par5 ents of a child participating in an English language

6 instruction program for limited English proficient

7 children assisted under this subpart—

8 ‘‘(A) shall select among methods of in9 struction, if more than one method is offered in

10 the program; and

11 ‘‘(B) shall have the right to have their

12 child immediately removed from the program

13 upon their request.

14 ‘‘(c) RECEIPT OF INFORMATION.—A parent or the

15 parents of a child identified for participation in an English

16 language instruction program for limited English pro17 ficient children assisted under this subpart shall receive,

18 in a manner and form understandable to the parent or

19 parents, the information required by this subsection. At

20 a minimum, the parent or parents shall receive—

21 ‘‘(1) timely information about English language

22 instruction programs for limited English proficient

23 children assisted under this part;

24 ‘‘(2) if a parent or the parents of a partici25 pating child so desire, notice of opportunities for
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1 regular meetings for the purpose of formulating and

2 responding to recommendations from the parent or

3 parents; and

4 ‘‘(3) procedural information for removing a

5 child from a program for limited English proficient

6 children.

7 ‘‘(d) BASIS FOR ADMISSION OR EXCLUSION.—Stu8 dents shall not be admitted to, or excluded from, any fed9 erally assisted education program on the basis of a sur10 name or language-minority status.

11 ‘‘SEC. 3104. TESTING OF LIMITED ENGLISH PROFICIENT

12 CHILDREN.

13 ‘‘(a) IN GENERAL.—Assessments of limited English

14 proficient children participating in programs funded under

15 this subpart, to the extent practicable, shall be in the lan16 guage and form most likely to yield accurate and reliable

17 information on what such students know and can do in

18 content areas.

19 ‘‘(b) SPECIAL RULE.—Notwithstanding subsection

20 (a), in the case of an assessment of reading or language

21 arts of any student who has attended school in the United

22 States (excluding Puerto Rico) for 3 or more consecutive

23 school years, the assessment shall be in the form of a test

24 written in English, except that, if the entity administering

25 the assessment determines, on a case-by-case individual
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1 basis, that assessments in another language or form would

2 likely yield more accurate and reliable information on what

3 such student knows and can do, the entity may assess

4 such student in such language or form for 1 additional

5 year.

6 ‘‘SEC. 3105. FORMULA GRANTS TO STATES.

7 ‘‘(a) IN GENERAL.—In the case of each State that

8 in accordance with section 3107 submits to the Secretary

9 an application for a fiscal year, the Secretary shall make

10 a grant for the year to the State for the purposes specified

11 in subsection (b). The grant shall consist of the allotment

12 determined for the State under subsection (c).

13 ‘‘(b) PURPOSES OF GRANTS.—

14 ‘‘(1) REQUIRED EXPENDITURES.—The Sec15 retary may make a grant under subsection (a) only

16 if the State involved agrees that the State will ex17 pend at least 95 percent of its allotment under sub18 section (c) for the purpose of making subgrants to

19 eligible entities to provide assistance to limited

20 English proficient children in accordance with sec21 tions 3108 and 3109.

22 ‘‘(2) AUTHORIZED EXPENDITURES.—Subject to

23 paragraph (3), a State that receives a grant under

24 subsection (a) may expend not more than 5 percent
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1 of its allotment under subsection (c) for one or more

2 of the following purposes:

3 ‘‘(A) Carrying out—

4 ‘‘(i) professional development activi5 ties, and other activities, that assist per6 sonnel in meeting State and local certifi7 cation requirements for teaching limited

8 English proficient children; and

9 ‘‘(ii) other activities that provide such

10 personnel with the skills and knowledge

11 necessary to educate limited English pro12 ficient children.

13 ‘‘(B) Providing scholarships and fellow14 ships to students who agree to teach limited

15 English proficient children once they graduate.

16 ‘‘(C) Planning, administration, and inter17 agency coordination related to the subgrants re18 ferred to in paragraph (1).

19 ‘‘(D) Providing technical assistance and

20 other forms of assistance to local educational

21 agencies that—

22 ‘‘(i) educate limited English proficient

23 children; and

24 ‘‘(ii) are not receiving a subgrant

25 from a State under this subpart.
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1 ‘‘(E) Providing bonuses to subgrantees

2 whose performance has been exceptional in

3 terms of the speed with which children enrolled

4 in the subgrantee’s programs and activities at5 tain English language proficiency and meet

6 challenging State academic content standards

7 and challenging State student academic

8 achievement standards.

9 ‘‘(3) LIMITATION ON ADMINISTRATIVE COSTS.—

10 In carrying out paragraph (2), a State that receives

11 a grant under subsection (a) may expend not more

12 than 2 percent of its allotment under subsection (c)

13 for the purposes described in paragraph (2)(C).

14 ‘‘(c) DETERMINATION OF ALLOTMENT AMOUNTS.—

15 ‘‘(1) RESERVATIONS.—From the amount appro16 priated under section 3110 to carry out this subpart

17 for each fiscal year, the Secretary shall reserve—

18 ‘‘(A) .5 percent of such amount for pay19 ments to entities that are considered to be local

20 educational agencies under section 3106(a) for

21 activities approved by the Secretary;

22 ‘‘(B) .5 percent of such amount for pay23 ments to outlying areas, to be allotted in ac24 cordance with their respective needs for assist25 ance under this subpart, as determined by the
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1 Secretary, for activities, approved by the Sec2 retary, consistent with this part; and

‘‘(C) 1 3 ⁄2 of 1 percent of such amount for

4 evaluation of the programs under this part and

5 for dissemination of best practices.

6 ‘‘(2) CONTINUATION AWARDS.—Before making

7 awards to States under paragraph (3) for any fiscal

8 year, the Secretary shall make continuation awards

9 to recipients of grants under subpart 1 of part A of

10 the Bilingual Education Act, as that Act was in ef11 fect on the day before the effective date of the No

12 Child Left Behind Act of 2001, in order to allow

13 such recipients to continue to receive funds in ac14 cordance with the terms of their grant until the date

15 on which the grant period otherwise would have ter16 minated if the No Child Left Behind Act of 2001

17 had not been enacted.

18 ‘‘(3) STATE ALLOTMENTS.—

19 ‘‘(A) IN GENERAL.—From the amount ap20 propriated under section 3110 to carry out this

21 subpart for each fiscal year that remains after

22 carrying out paragraphs (1) and (2), the Sec23 retary shall allot to each of the 50 States, the

24 District of Columbia, and the Commonwealth of

25 Puerto Rico an amount which bears the same
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1 ratio to such amount as the total number of

2 children and youth who are limited English pro3 ficient and who reside in such State bears to

4 the total number of such children and youth re5 siding in all such States that, in accordance

6 with section 3107, submit to the Secretary an

7 application for the year.

8 ‘‘(B) REALLOTMENT.—

9 ‘‘(i) IN GENERAL.—If any State de10 scribed in subparagraph (A) does not sub11 mit to the Secretary an application for a

12 fiscal year, or submits an application (or

13 any modification to an application) that

14 the Secretary, after reasonable notice and

15 opportunity for a hearing, determines does

16 not satisfy the requirements of this sub17 part, the Secretary—

18 ‘‘(I) shall endeavor to make the

19 State’s allotment available on a com20 petitive basis to specially qualified

21 agencies within the State that satisfy

22 the requirements applicable to eligible

23 entities under section 3108 and any

24 additional requirements that may be

25 imposed by the Secretary; and
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1 ‘‘(II) shall reallot any portion of

2 such allotment remaining after the

3 application of subclause (I) to the re4 maining States in accordance with

5 subparagraph (A).

6 ‘‘(ii) REQUIREMENTS ON SPECIALLY

7 QUALIFIED AGENCIES.—If a specially

8 qualified agency receives funds under this

9 subparagraph, the requirements of sub10 section (b) shall not apply to the agency.

11 In lieu of those requirements, the specially

12 qualified agency shall expend the funds for

13 the authorized activities described in sec14 tion 3108(b) and otherwise shall satisfy

15 the requirements of section 3108.

16 ‘‘(C) SPECIAL RULE FOR PUERTO RICO.—

17 The total amount allotted to Puerto Rico for

18 any fiscal year under subparagraph (A) shall

19 not exceed .5 percent of the total amount allot20 ted to all States for that fiscal year.

21 ‘‘(4) USE OF DATA FOR DETERMINATIONS.—

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

23 subparagraph (B), for the purpose of deter24 mining the number of children and youth who

25 are limited English proficient and reside in a
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1 State and in all States for each fiscal year, the

2 Secretary shall use the most recent satisfactory

3 data available from the Bureau of the Census

4 and the American Community Survey available

5 from the Department of Commerce.

6 ‘‘(B) EXCEPTION.—If the data described

7 in subparagraph (A) are more than 4 years old

8 or unavailable, the Secretary shall use the most

9 recent satisfactory data provided by the States,

10 such as enrollment data and data that reflect

11 the number of students taking the English pro12 ficiency assessments in the States.

13 ‘‘(5) NO REDUCTION PERMITTED BASED ON

14 TEACHING METHOD.—The Secretary may not reduce

15 a State’s allotment based on the State’s selection of

16 any method of instruction as its preferred method of

17 teaching the English language to children who are

18 limited English proficient.

19 ‘‘SEC. 3106. NATIVE AMERICAN AND ALASKA NATIVE CHIL20 DREN IN SCHOOL.

21 ‘‘(a) ELIGIBLE ENTITIES.—For the purpose of car22 rying out programs under this part for individuals served

23 by elementary, secondary, and postsecondary schools oper24 ated predominately for Native American or Alaska Native
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1 children, the following shall be considered to be a local

2 educational agency:

3 ‘‘(1) An Indian tribe.

4 ‘‘(2) A tribally sanctioned educational author5 ity.

6 ‘‘(3) A Native Hawaiian or Native American

7 Pacific Islander native language educational organi8 zation.

9 ‘‘(4) An elementary or secondary school that is

10 operated or funded by the Bureau of Indian Affairs,

11 or a consortium of such schools.

12 ‘‘(5) An elementary or secondary school oper13 ated under a contract with or grant from the Bu14 reau of Indian Affairs, in consortium with another

15 such school or a tribal or community organization.

16 ‘‘(6) An elementary or secondary school oper17 ated by the Bureau of Indian Affairs and an institu18 tion of higher education, in consortium with an ele19 mentary or secondary school operated under a con20 tract with or grant from the Bureau of Indian Af21 fairs or a tribal or community organization.

22 ‘‘(b) SUBMISSION OF APPLICATIONS FOR ASSIST23 ANCE.—Notwithstanding any other provision of this part,

24 an entity that is considered to be a local educational agen25 cy under subsection (a), and that desires to submit an ap-
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1 plication for Federal financial assistance under this sub2 part, shall submit the application to the Secretary. In all

3 other respects, such an entity shall be eligible for a

4 subgrant under this subpart on the same basis as any

5 other local educational agency.

6 ‘‘SEC. 3107. APPLICATIONS BY STATES.

7 ‘‘For purposes of section 3105, an application sub8 mitted by a State for a grant under such section for a

9 fiscal year is in accordance with this section if the

10 application—

11 ‘‘(1) describes the process that the State will

12 use in making competitive subgrants to eligible enti13 ties under section 3109(c);

14 ‘‘(2) contains an agreement that, in carrying

15 out this subpart, the State will address the needs of

16 school systems of all sizes and in all geographic

17 areas, including rural and urban schools;

18 ‘‘(3) contains an agreement that competitive

19 subgrants to eligible entities under section 3109(c)

20 shall be of sufficient size and scope to allow such en21 tities to carry out high quality education programs

22 for limited English proficient children;

23 ‘‘(4) contains an agreement that the State will

24 coordinate its programs and activities under this
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1 subpart with its other programs and activities under

2 this Act and other Acts, as appropriate;

3 ‘‘(5) contains an agreement that the State—

4 ‘‘(A) shall monitor the progress of students

5 enrolled in programs and activities receiving as6 sistance under this subpart in attaining English

7 proficiency and in attaining challenging State

8 academic content standards and challenging

9 State student academic achievement standards;

10 ‘‘(B) shall establish standards and bench11 marks for English language development that

12 are aligned with State academic content and

13 achievement standards; and

14 ‘‘(C) will ensure that eligible entities com15 ply with section 3104 to annually test children

16 in English who have been in the United States

17 for 3 or more consecutive years;

18 ‘‘(6) contains an assurance that the State will

19 develop high-quality annual assessments to measure

20 English language proficiency and require eligible en21 tities receiving a subgrant under this subpart annu22 ally to assess the English proficiency of all children

23 with limited English proficiency participating in a

24 program funded under this subpart;
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1 ‘‘(7) contains an agreement that the State will

2 develop annual performance objectives for raising

3 the level of English proficiency of each limited

4 English proficient student, and that these objectives

5 shall include percentage increases in performance on

6 annual assessments in reading, writing, speaking,

7 and listening comprehension as compared to the pre8 ceding school year; and

9 ‘‘(8) contains an agreement that the State will

10 require eligible entities receiving a subgrant under

11 this subpart to use the subgrant in ways that will

12 build such recipient’s capacity to continue to offer

13 high-quality English language instruction and pro14 grams which assist limited English proficient chil15 dren in attaining challenging State academic content

16 standards and challenging State student academic

17 achievement standards once assistance under this

18 subpart is no longer available.

19 ‘‘SEC. 3108. SUBGRANTS TO ELIGIBLE ENTITIES.

20 ‘‘(a) PURPOSES OF SUBGRANTS.—A State may make

21 a subgrant to an eligible entity from funds received by

22 the State under this subpart only if the entity agrees to

23 expend the funds to improve the education of limited

24 English proficient children and their families, through the

25 acquisition of English and the attainment of challenging
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1 State academic content standards and challenging State

2 student academic achievement standards, using ap3 proaches and methodologies based on scientifically based

4 reading research and sound research and theory on teach5 ing limited English proficient children, by—

6 ‘‘(1) developing and implementing new English

7 language and academic content instructional pro8 grams for children who are limited English pro9 ficient, including programs of early childhood edu10 cation and kindergarten through 12th grade edu11 cation;

12 ‘‘(2) carrying out highly focused, innovative, lo13 cally designed projects to expand or enhance existing

14 English language and academic content instruction

15 programs for limited English proficient children;

16 ‘‘(3) implementing, within an individual school,

17 schoolwide programs for restructuring, reforming,

18 and upgrading all relevant programs and operations

19 relating to English language and academic content

20 instruction for limited English proficient students;

21 or

22 ‘‘(4) implementing, within the entire jurisdic23 tion of a local educational agency, agencywide pro24 grams for restructuring, reforming, and upgrading

25 all relevant programs and operations relating to
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1 English language and academic content instruction

2 for limited English proficient students.

3 ‘‘(b) AUTHORIZED SUBGRANTEE ACTIVITIES.—

4 ‘‘(1) IN GENERAL.—Subject to paragraph (2), a

5 State may make a subgrant to an eligible entity

6 from funds received by the State under this subpart

7 in order that the eligible entity may achieve one of

8 the purposes described in subsection (a) by under9 taking one or more of the following activities to im10 prove the understanding, and use, of the English

11 language, based on a child’s learning skills and at12 tainment of challenging State academic content

13 standards and challenging State student academic

14 achievement standards:

15 ‘‘(A) Upgrading program objectives and ef16 fective instructional strategies.

17 ‘‘(B) Improving the instruction program

18 for limited English proficient students by iden19 tifying, acquiring, and upgrading curricula, in20 structional materials, educational software, and

21 assessment procedures.

22 ‘‘(C) Providing—

23 ‘‘(i) tutorials and academic or voca24 tional education for limited English pro25 ficient children; and
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1 ‘‘(ii) intensified instruction.

2 ‘‘(D) Developing and implementing elemen3 tary or secondary school English language in4 structional programs that are coordinated with

5 other relevant programs and services.

6 ‘‘(E) Providing professional development to

7 classroom teachers, principals, administrators,

8 and other school or community-based organiza9 tional personnel to improve the instruction and

10 assessment of children who are limited English

11 proficient children.

12 ‘‘(F) Improving the English language pro13 ficiency and academic performance of limited

14 English proficient children.

15 ‘‘(G) Improving the instruction of limited

16 English proficient children by providing for the

17 acquisition or development of education tech18 nology or instructional materials, access to and

19 participation in electronic networks for mate20 rials, training and communications, and incor21 poration of such resources in curricula and pro22 grams, such as those funded under this sub23 part.

24 ‘‘(H) Developing tutoring programs for

25 limited English proficient children that provide
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1 early intervention and intensive instruction in

2 order to improve academic achievement, to in3 crease graduation rates among limited English

4 proficient children, and to prepare students for

5 transition as soon as possible into classrooms

6 where instruction is not tailored for limited

7 English proficient children.

8 ‘‘(I) Providing family literacy services and

9 parent outreach and training activities to lim10 ited English proficient children and their fami11 lies to improve their English language skills and

12 assist parents in helping their children to im13 prove their academic performance.

14 ‘‘(J) Other activities that are consistent

15 with the purposes of this part.

16 ‘‘(2) MOVING CHILDREN OUT OF SPECIALIZED

17 CLASSROOMS.—Any program or activity undertaken

18 by an eligible entity using a subgrant from a State

19 under this subpart shall be designed to assist stu20 dents enrolled in the program or activity to attain

21 English proficiency and meet challenging State aca22 demic content standards and challenging State stu23 dent academic achievement standards as soon as

24 possible, but not later than after 3 consecutive years

25 of attendance in United States schools (excluding
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1 schools in Puerto Rico), and to move into a class2 room where instruction is not tailored for limited

3 English proficient children.

4 ‘‘(c) SELECTION OF METHOD OF INSTRUCTION.—To

5 receive a subgrant from a State under this subpart, an

6 eligible entity shall select one or more methods or forms

7 of instruction to be used in the programs and activities

8 undertaken by the entity to assist limited English pro9 ficient children to attain English proficiency and meet

10 challenging State academic content standards and chal11 lenging State student academic achievement standards.

12 Such selection shall be consistent with sections 3134 and

13 3135.

14 ‘‘(d) DURATION OF SUBGRANTS.—The duration of a

15 competitive subgrant made by a State under section

16 3109(c) shall be determined by the State in its discretion.

17 ‘‘(e) APPLICATIONS BY ELIGIBLE ENTITIES.—

18 ‘‘(1) IN GENERAL.—To receive a subgrant from

19 a State under this subpart, an eligible entity shall

20 submit an application to the State at such time, in

21 such form, and containing such information as the

22 State may require.

23 ‘‘(2) REQUIRED DOCUMENTATION.—The appli24 cation shall—
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1 ‘‘(A) describe the programs and activities

2 proposed to be developed, implemented, and ad3 ministered under the subgrant;

4 ‘‘(B) describe how the eligible entity will

5 use the subgrant funds to satisfy the require6 ment in subsection (b)(2); and

7 ‘‘(C) describe how the eligible entity, using

8 the disaggregated results of the student assess9 ments required under section 1111(b)(4) and

10 other measures available, will annually review

11 the progress of elementary and secondary

12 schools within its jurisdiction, or served by it,

13 to determine if such schools are making the

14 adequate yearly progress necessary to ensure

15 that limited English proficient students attend16 ing the schools will meet the State’s proficient

17 level of performance on the State assessment

18 described in section 1111(b)(4), and will hold

19 such schools accountable for making such

20 progress.

21 ‘‘(3) REQUIREMENTS FOR APPROVAL.—The ap22 plication shall contain assurances that—

23 ‘‘(A) the eligible entity will use qualified

24 personnel who have appropriate training and

25 professional credentials in teaching English to
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1 children who are limited English proficient, and

2 who are proficient in English, including written

3 and oral communication skills;

4 ‘‘(B) if the eligible entity includes one or

5 more local educational agencies, each such

6 agency is complying with section 3103(b) prior

7 to, and throughout, each school year;

8 ‘‘(C) the eligible entity annually will assess

9 the English proficiency of all children with lim10 ited English proficiency participating in pro11 grams funded under this subpart;

12 ‘‘(D) the eligible entity has based its pro13 posal on scientifically based reading research

14 and sound research and theory on teaching lim15 ited English proficient children;

16 ‘‘(E) the eligible entity has described in the

17 application how students enrolled in the pro18 grams and activities proposed in the application

19 will be proficient in English after 3 academic

20 years of enrollment;

21 ‘‘(F) the eligible entity will ensure that

22 programs will enable children to speak, read,

23 write, and comprehend the English language

24 and meet challenging State academic content
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1 standards and challenging State student aca2 demic achievement 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

7 3134 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

12 the purposes of this subpart.

13 ‘‘SEC. 3109. DISTRIBUTION OF SUBGRANTS TO ELIGIBLE

14 ENTITIES.

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 enti18 ties within the State that have approved applications, in

19 accordance 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 sub23 part shall be reserved for subgrants to eligible enti24 ties described in subsection (a) in which, during the

25 fiscal year for which the subgrant is to be made, the
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1 number of limited English proficient children and

2 youth who are enrolled in public and nonpublic ele3 mentary or secondary schools located in geographic

4 areas under the jurisdiction of, or served by, such

5 entities is equal to at least 500 students, or 3 per6 cent of the total number of children and youth en7 rolled in such schools during such fiscal year, which8 ever is less.

9 ‘‘(2) ALLOTMENT.—From the amount reserved

10 under paragraph (1), the State shall allot to each el11 igible entity described in such paragraph a percent12 age based on the ratio of—

13 ‘‘(A) the number of limited English pro14 ficient children and youth who are enrolled in

15 public and nonpublic elementary or secondary

16 schools located in geographic areas under the

17 jurisdiction of, or served by, such entity during

18 the fiscal year for which the allotment is to be

19 made; to

20 ‘‘(B) the number of such children and

21 youth in all such eligible entities.

22 ‘‘(3) REALLOTMENT.—Whenever a State deter23 mines that an allotment made to an eligible entity

24 under this subsection for a fiscal year will not be

25 used by the entity for the purpose for which it was
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1 made, the State shall, in accordance with such rules

2 as it deems appropriate, reallot such amount, con3 sistent with paragraph (2), to other eligible entities

4 in the State for carrying out that purpose.

5 ‘‘(c) COMPETITIVE SUBGRANTS.—25 percent of the

6 amount expended by a State for subgrants under this sub7 part shall be reserved for competitive subgrants to eligible

8 entities described in subsection (a) that the State

9 determines—

10 ‘‘(1) have experienced significant increases, as

11 compared to the previous 2 years, in the percentage

12 or number of children and youth with limited

13 English proficiency, including recent immigrant chil14 dren, that have enrolled in public and nonpublic ele15 mentary or secondary schools in the geographic

16 areas under the jurisdiction of, or served by, such

17 entities during the fiscal year for which the subgrant

18 is to be made; or

19 ‘‘(2) do not satisfy the requirements of sub20 section (b)(1) but have significant needs for pro21 grams under this subpart.

22 ‘‘SEC. 3110. AUTHORIZATION OF APPROPRIATIONS.

23 ‘‘For the purpose of carrying out this subpart, there

24 are authorized to be appropriated $750,000,000 for fiscal
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1 year 2002 and such sums as may be necessary for each

2 of the 4 succeeding fiscal years.

3 ‘‘Subpart 2—Administration

4 ‘‘SEC. 3121. EVALUATIONS.

5 ‘‘(a) IN GENERAL.—Each eligible entity that receives

6 a subgrant from a State under subpart 1 shall provide

7 the State, at the conclusion of every second fiscal year

8 during which the subgrant is received, with an evaluation,

9 in a form prescribed by the State, of—

10 ‘‘(1) the programs and activities conducted by

11 the entity with funds received under subpart 1 dur12 ing the 2 immediately preceding fiscal years;

13 ‘‘(2) the progress made by students in learning

14 the English language and meeting challenging State

15 academic content standards and challenging State

16 student academic achievement standards;

17 ‘‘(3) the number and percentage of students in

18 the programs and activities attaining English lan19 guage proficiency by the end of each school year, as

20 determined by a valid and reliable assessment of

21 English proficiency; and

22 ‘‘(4) the progress made by students in meeting

23 challenging State academic content standards and

24 challenging State student academic achievement
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1 standards for each of the 2 years after such students

2 are no longer receiving services under this part.

3 ‘‘(b) USE OF EVALUATION.—An evaluation provided

4 by an eligible entity under subsection (a) shall be used

5 by the entity and the State—

6 ‘‘(1) for improvement of programs and activi7 ties;

8 ‘‘(2) to determine the effectiveness of programs

9 and activities in assisting children who are limited

10 English proficient to attain English proficiency (as

11 measured consistent with subsection (d)) and meet

12 challenging State academic content standards and

13 challenging State student academic achievement

14 standards; and

15 ‘‘(3) in determining whether or not to continue

16 funding for specific programs or projects.

17 ‘‘(c) EVALUATION COMPONENTS.—An evaluation

18 provided by an eligible entity under subsection (a) shall

19 include—

20 ‘‘(1) an evaluation of whether students enrolling

21 in a program or activity conducted by the entity

22 with funds received under subpart 1—

23 ‘‘(A) have attained English proficiency and

24 are meeting challenging State academic content
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1 academic and challenging State student aca2 demic achievement standards; and

3 ‘‘(B) have achieved a working knowledge of

4 the English language that is sufficient to per5 mit them to perform, in English, in a classroom

6 that is not tailored to limited English proficient

7 children; and

8 ‘‘(2) such other information as the State may

9 require.

10 ‘‘(d) EVALUATION MEASURES.—In prescribing the

11 form of an evaluation provided by an entity under sub12 section (a), a State shall approve evaluation measures, as

13 applicable, for use under subsection (c) that are designed

14 to assess—

15 ‘‘(1) oral language proficiency in kindergarten;

16 ‘‘(2) oral language proficiency, including speak17 ing and listening skills, in first grade;

18 ‘‘(3) both oral language proficiency, including

19 speaking and listening skills, and reading and writ20 ing proficiency in grades 2 and higher; and

21 ‘‘(4) attainment of challenging State student

22 academic achievement standards.

23 ‘‘SEC. 3122. REPORTING REQUIREMENTS.

24 ‘‘(a) STATES.—Based upon the evaluations provided

25 to a State under section 3121, each State that receives
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1 a grant under subpart 1 shall prepare and submit every

2 second year to the Secretary a report on programs and

3 activities undertaken by the State under such subpart and

4 the effectiveness of such programs and activities in im5 proving the education provided to children who are limited

6 English proficient.

7 ‘‘(b) SECRETARY.—Every second year, the Secretary

8 shall prepare and submit to the Committee on Education

9 and the Workforce of the House of Representatives and

10 the Committee on Health, Education, Labor, and Pen11 sions of the Senate a report on—

12 ‘‘(1) programs and activities undertaken by

13 States under subpart 1 and the effectiveness of such

14 programs and activities in improving the education

15 provided to children who are limited English pro16 ficient;

17 ‘‘(2) the types of instructional programs used

18 under subpart 1 to teach limited English proficient

19 children;

20 ‘‘(3) the number of programs or projects, if

21 any, that were terminated because they were not

22 able to reach program goals;

23 ‘‘(4) the number of limited English proficient

24 children served under subpart 1 who were

25 transitioned out of special instructional programs
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1 funded under such subpart into classrooms where in2 struction is not tailored for limited English pro3 ficient children; and

4 ‘‘(5) other information gathered from the re5 ports submitted under subsection (a).

6 ‘‘SEC. 3123. COORDINATION WITH RELATED PROGRAMS.

7 ‘‘In order to maximize Federal efforts aimed at serv8 ing the educational needs of children and youth of limited

9 English proficiency, the Secretary shall coordinate and en10 sure close cooperation with other programs serving lan11 guage-minority and limited English proficient students

12 that are administered by the Department and other agen13 cies.

14 ‘‘Subpart 3—General Provisions

15 ‘‘SEC. 3131. DEFINITIONS.

16 ‘‘For purposes of this part:

17 ‘‘(1) CHILDREN AND YOUTH.—The term ‘chil18 dren and youth’ means individuals aged 3 through

19 21.

20 ‘‘(2) COMMUNITY-BASED ORGANIZATION.—The

21 term ‘community-based organization’ means a pri22 vate nonprofit organization of demonstrated effec23 tiveness or Indian tribe or tribally sanctioned edu24 cational authority which is representative of a com25 munity or significant segments of a community and
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1 which provides educational or related services to in2 dividuals in the community. Such term includes a

3 Native Hawaiian or Native American Pacific Is4 lander native language educational organization.

5 ‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible en6 tity’ means—

7 ‘‘(A) one or more local educational agen8 cies; or

9 ‘‘(B) one or more local educational agen10 cies in collaboration with an institution of high11 er education, community-based organization, or

12 State educational agency.

13 ‘‘(4) NATIVE HAWAIIAN OR NATIVE AMERICAN

14 PACIFIC ISLANDER NATIVE LANGUAGE EDUCATIONAL

15 ORGANIZATION.—The term ‘Native Hawaiian or Na16 tive American Pacific Islander native language edu17 cational organization’ means a nonprofit organiza18 tion with a majority of its governing board and em19 ployees consisting of fluent speakers of the tradi20 tional Native American languages used in their edu21 cational programs and with not less than 5 years

22 successful experience in providing educational serv23 ices in traditional Native American languages.

24 ‘‘(5) NATIVE LANGUAGE.—The term ‘native

25 language’, when used with reference to an individual
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1 who is limited English proficient, means the lan2 guage normally used by such individual.

3 ‘‘(6) SPECIALLY QUALIFIED AGENCY.—The

4 term ‘specially qualified agency’, when used with re5 spect to a fiscal year, means an eligible entity lo6 cated in a State that, for that year—

7 ‘‘(A) does not submit to the Secretary an

8 application under sections 3105(a) and 3107;

9 or

10 ‘‘(B) submits an application (or any modi11 fication to an application) that the Secretary,

12 after reasonable notice and opportunity for a

13 hearing, determines does not satisfy the re14 quirements of subpart 1.

15 ‘‘(7) TRIBALLY SANCTIONED EDUCATIONAL AU16 THORITY.—The term ‘tribally sanctioned educational

17 authority’ means—

18 ‘‘(A) any department or division of edu19 cation operating within the administrative

20 structure of the duly constituted governing body

21 of an Indian tribe; and

22 ‘‘(B) any nonprofit institution or organiza23 tion that is—

24 ‘‘(i) chartered by the governing body

25 of an Indian tribe to operate a school de-
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1 scribed in section 3106(a) or otherwise to

2 oversee the delivery of educational services

3 to members of the tribe; and

4 ‘‘(ii) approved by the Secretary for

5 the purpose of carrying out programs

6 under subpart 1 for individuals served by

7 a school described in section 3106(a).

8 ‘‘SEC. 3132. RULES OF CONSTRUCTION.

9 ‘‘Nothing in subpart 1 shall be construed—

10 ‘‘(1) to prohibit a local educational agency from

11 serving limited English proficient children and youth

12 simultaneously with students with similar edu13 cational needs, in the same educational settings

14 where appropriate;

15 ‘‘(2) to require a State or a local educational

16 agency to establish, continue, or eliminate any par17 ticular type of instructional program for limited

18 English proficient children; or

19 ‘‘(3) to limit the preservation or use of Native

20 American languages as defined in the Native Amer21 ican Languages Act of 1990.

22 ‘‘SEC. 3133. LIMITATION ON FEDERAL REGULATIONS.

23 ‘‘The Secretary shall issue regulations under this part

24 only to the extent that such regulations are necessary to
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1 ensure compliance with the specific requirements of this

2 part.

3 ‘‘SEC. 3134. LEGAL AUTHORITY UNDER STATE LAW.

4 ‘‘Nothing in this part shall be construed to negate

5 or supersede State law, or the legal authority under State

6 law of any State agency, State entity, or State public offi7 cial, over programs that are under the jurisdiction of the

8 State agency, entity, or official.

9 ‘‘SEC. 3135. CIVIL RIGHTS.

10 ‘‘Nothing in this part shall be construed in a manner

11 inconsistent with any Federal law guaranteeing a civil

12 right.

13 ‘‘SEC. 3136. PROGRAMS FOR NATIVE AMERICANS AND

14 PUERTO RICO.

15 ‘‘Programs authorized under subpart 1 that serve

16 Native American children, Native Pacific Island children,

17 and children in the Commonwealth of Puerto Rico, not18 withstanding any other provision of subpart 1, may in19 clude programs of instruction, teacher training, cur20 riculum development, evaluation, and testing designed for

21 Native American children learning and studying Native

22 American languages and children of limited Spanish pro23 ficiency, except that a primary outcome of programs serv24 ing such children shall be increased English proficiency

25 among such children.’’.
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1 SEC. 302. CONFORMING AMENDMENT TO DEPARTMENT OF

2 EDUCATION ORGANIZATION ACT.

3 (a) IN GENERAL.—

4 (1) RENAMING OF OFFICE.—The Department

5 of Education Organization Act is amended by strik6 ing ‘‘Office of Bilingual Education and Minority

7 Languages Affairs’’ each place such term appears in

8 the text and inserting ‘‘Office of Educational Serv9 ices for Limited English Proficient Children’’.

10 (2) CONFORMING AMENDMENT.—Section 209

11 of the Department of Education Organization Act is

12 amended by striking ‘‘Director of Bilingual Edu13 cation and Minority Languages Affairs,’’ and insert14 ing ‘‘Director of Educational Services for Limited

15 English Proficient Children,’’.

16 (b) CLERICAL AMENDMENTS.—

17 (1) SECTION 209.—The section heading for sec18 tion 209 of the Department of Education Organiza19 tion Act is amended to read as follows:

20 ‘‘OFFICE OF EDUCATIONAL SERVICES FOR LIMITED

21 ENGLISH PROFICIENT CHILDREN’’.

22 (2) SECTION 216.—The section heading for sec23 tion 216 of the Department of Education Organiza24 tion Act is amended to read as follows:
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1 ‘‘SEC. 216. OFFICE OF EDUCATIONAL SERVICES FOR LIM2 ITED ENGLISH PROFICIENT CHILDREN.’’.

3 (3) TABLE OF CONTENTS.—

4 (A) SECTION 209.—The table of contents

5 of the Department of Education Organization

6 Act is amended by amending the item relating

7 to section 209 to read as follows:

‘‘Sec. 209. Office of Educational Services for Limited English Proficient Children.’’.

8 (B) SECTION 216.—The table of contents

9 of the Department of Education Organization

10 Act is amended by amending the item relating

11 to section 216 to read as follows:

‘‘Sec. 216. Office of Educational Services for Limited English Proficient Children.’’.

12 PART B—INDIAN AND ALASKA NATIVE

13 EDUCATION

14 SEC. 311. ELEMENTARY AND SECONDARY EDUCATION ACT

15 OF 1965.

16 (a) IN GENERAL.—Title III (as amended by section

17 301 of this Act) is further amended by adding at the end

18 the following new part:

19 ‘‘PART B—INDIAN AND ALASKA NATIVE

20 EDUCATION

21 ‘‘Subpart 1—Indian Education

22 ‘‘SEC. 3201. FINDINGS.

23 ‘‘Congress finds that—
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1 ‘‘(1) the Federal Government has a special re2 sponsibility to ensure that educational programs for

3 all American Indian and Alaska Native children and

4 adults—

5 ‘‘(A) are based on high-quality, inter6 nationally competitive academic content stand7 ards and student academic achievement stand8 ards and build on Indian culture and the Indian

9 community;

10 ‘‘(B) assist local educational agencies, In11 dian tribes, and other entities and individuals in

12 providing Indian students the opportunity to

13 achieve such standards; and

14 ‘‘(C) meet the unique educational and cul15 turally related academic needs of American In16 dian and Alaska Native students;

17 ‘‘(2) since the date of the enactment of the ini18 tial Indian Education Act in 1972, the level of in19 volvement of Indian parents in the planning, devel20 opment, and implementation of educational pro21 grams that affect such parents and their children

22 has increased significantly, and schools should con23 tinue to foster such involvement;

24 ‘‘(3) although the number of Indian teachers,

25 administrators, and university professors has in-
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1 creased since 1972, teacher training programs are

2 not recruiting, training, or retraining a sufficient

3 number of Indian individuals as educators to meet

4 the needs of a growing Indian student population in

5 elementary, secondary, vocational, adult, and higher

6 education;

7 ‘‘(4) the dropout rate for Indian students is un8 acceptably high; 9 percent of Indian students who

9 were eighth graders in 1988 had dropped out of

10 school by 1990;

11 ‘‘(5) during the period from 1980 to 1990, the

12 percentage of Indian individuals living at or below

13 the poverty level increased from 24 percent to 31

14 percent, and the readiness of Indian children to

15 learn is hampered by the high incidence of poverty,

16 unemployment, and health problems among Indian

17 children and their families; and

18 ‘‘(6) research related specifically to the edu19 cation of Indian children and adults is very limited,

20 and much of the research is of poor quality or is fo21 cused on limited local or regional issues.

22 ‘‘SEC. 3202. PURPOSE.

23 ‘‘(a) PURPOSE.—It is the purpose of this subpart to

24 support the efforts of local educational agencies, Indian

25 tribes and organizations, postsecondary institutions, and
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1 other entities to meet the unique educational and cul2 turally related academic needs of American Indians and

3 Alaska Natives, so that such students can achieve to the

4 same challenging State academic achievement standards

5 expected of all other students.

6 ‘‘(b) PROGRAMS.—this subpart carries out the pur7 pose described in subsection (a) by authorizing programs

8 of direct assistance for—

9 ‘‘(1) meeting the unique educational and cul10 turally related academic needs of American Indians

11 and Alaska Natives;

12 ‘‘(2) the education of Indian children and

13 adults;

14 ‘‘(3) the training of Indian persons as educators

15 and counselors, and in other professions serving In16 dian people; and

17 ‘‘(4) research, evaluation, data collection, and

18 technical assistance.

19 ‘‘CHAPTER 1—FORMULA GRANTS TO

20 LOCAL EDUCATIONAL AGENCIES

21 ‘‘SEC. 3211. PURPOSE.

22 ‘‘It is the purpose of this chapter to support local

23 educational agencies in their efforts to reform elementary

24 and secondary school programs that serve Indian students

25 in order to ensure that such programs—
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1 ‘‘(1) are based on challenging State academic

2 content standards and State student academic

3 achievement standards that are used for all stu4 dents; and

5 ‘‘(2) are designed to assist Indian students in

6 meeting those standards and assist the Nation in

7 reaching the National Education Goals.

8 ‘‘SEC. 3212. GRANTS TO LOCAL EDUCATIONAL AGENCIES.

9 ‘‘(a) IN GENERAL.—

10 ‘‘(1) ENROLLMENT REQUIREMENTS.—A local

11 educational agency shall be eligible for a grant under

12 this chapter for any fiscal year if the number of In13 dian children eligible under section 3217 and who

14 were enrolled in the schools of the agency, and to

15 whom the agency provided free public education,

16 during the preceding fiscal year—

17 ‘‘(A) was at least 10; or

18 ‘‘(B) constituted not less than 25 percent

19 of the total number of individuals enrolled in

20 the schools of such agency.

21 ‘‘(2) EXCLUSION.—The requirement of para22 graph (1) shall not apply in Alaska, California, or

23 Oklahoma, or with respect to any local educational

24 agency located on, or in proximity to, a reservation.

25 ‘‘(b) INDIAN TRIBES.—
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1 ‘‘(1) IN GENERAL.—If a local educational agen2 cy that is eligible for a grant under this chapter does

3 not establish a parent committee under section

4 3214(c)(4) for such grant, an Indian tribe that rep5 resents not less than one-half of the eligible Indian

6 children who are served by such local educational

7 agency may apply for such grant.

8 ‘‘(2) SPECIAL RULE.—The Secretary shall treat

9 each Indian tribe applying for a grant pursuant to

10 paragraph (1) as if such Indian tribe were a local

11 educational agency for purposes of this chapter, ex12 cept that any such tribe is not subject to section

13 3214(c)(4), section 3218(c), or section 3219.

14 ‘‘SEC. 3213. AMOUNT OF GRANTS.

15 ‘‘(a) AMOUNT OF GRANT AWARDS.—

16 ‘‘(1) IN GENERAL.—Except as provided in sub17 section (b) and paragraph (2), the Secretary shall

18 allocate to each local educational agency which has

19 an approved application under this chapter an

20 amount equal to the product of—

21 ‘‘(A) the number of Indian children who

22 are eligible under section 3217 and served by

23 such agency; and

24 ‘‘(B) the greater of—
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1 ‘‘(i) the average per pupil expenditure

2 of the State in which such agency is lo3 cated; or

4 ‘‘(ii) 80 percent of the average per

5 pupil expenditure in the United States.

6 ‘‘(2) REDUCTION.—The Secretary shall reduce

7 the amount of each allocation determined under

8 paragraph (1) in accordance with subsection (e).

9 ‘‘(b) MINIMUM GRANT.—

10 ‘‘(1) IN GENERAL.—Notwithstanding subsection

11 (e), a local educational agency or an Indian tribe (as

12 authorized under section 3212(b)) that is eligible for

13 a grant under section 3212, and a school that is op14 erated or supported by the Bureau of Indian Affairs

15 that is eligible for a grant under subsection (d), that

16 submits an application that is approved by the Sec17 retary, shall, subject to appropriations, receive a

18 grant under this chapter in an amount that is not

19 less than $3,000.

20 ‘‘(2) CONSORTIA.—Local educational agencies

21 may form a consortium for the purpose of obtaining

22 grants under this chapter.

23 ‘‘(3) INCREASE.—The Secretary may increase

24 the minimum grant under paragraph (1) to not

25 more than $4,000 for all grantees if the Secretary
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1 determines such increase is necessary to ensure the

2 quality of the programs provided.

3 ‘‘(c) DEFINITION.—For the purpose of this section,

4 the term ‘average per pupil expenditure of a State’ means

5 an amount equal to—

6 ‘‘(1) the sum of the aggregate current expendi7 tures of all the local educational agencies in the

8 State, plus any direct current expenditures by the

9 State for the operation of such agencies, without re10 gard to the sources of funds from which such local

11 or State expenditures were made, during the second

12 fiscal year preceding the fiscal year for which the

13 computation is made; divided by

14 ‘‘(2) the aggregate number of children who

15 were included in average daily attendance for whom

16 such agencies provided free public education during

17 such preceding fiscal year.

18 ‘‘(d) SCHOOLS OPERATED OR SUPPORTED BY THE

19 BUREAU OF INDIAN AFFAIRS.—(1) Subject to subsection

20 (e), in addition to the grants awarded under subsection

21 (a), the Secretary shall allocate to the Secretary of the

22 Interior an amount equal to the product of—

23 ‘‘(A) the total number of Indian children en24 rolled in schools that are operated by—

25 ‘‘(i) the Bureau of Indian Affairs; or
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1 ‘‘(ii) an Indian tribe, or an organization

2 controlled or sanctioned by an Indian tribal

3 government, for the children of that tribe under

4 a contract with, or grant from, the Department

5 of the Interior under the Indian Self-Deter6 mination Act or the Tribally Controlled Schools

7 Act of 1988; and

8 ‘‘(B) the greater of—

9 ‘‘(i) the average per pupil expenditure of

10 the State in which the school is located; or

11 ‘‘(ii) 80 percent of the average per pupil

12 expenditure in the United States.

13 ‘‘(2) Any school described in paragraph (1)(A) that

14 wishes to receive an allocation under this chapter shall

15 submit an application in accordance with section 3214,

16 and shall otherwise be treated as a local educational agen17 cy for the purpose of this chapter, except that such school

18 shall not be subject to section 3214(c)(4), section 3218(c),

19 or section 3219.

20 ‘‘(e) RATABLE REDUCTIONS.—If the sums appro21 priated for any fiscal year under section 3252(a) are insuf22 ficient to pay in full the amounts determined for local edu23 cational agencies under subsection (a)(1) and for the Sec24 retary of the Interior under subsection (d), each of those

25 amounts shall be ratably reduced.
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1 ‘‘SEC. 3214. APPLICATIONS.

2 ‘‘(a) APPLICATION REQUIRED.—Each local edu3 cational agency that desires to receive a grant under this

4 chapter shall submit an application to the Secretary at

5 such time, in such manner, and containing such informa6 tion as the Secretary may reasonably require.

7 ‘‘(b) COMPREHENSIVE PROGRAM REQUIRED.—Each

8 application submitted under subsection (a) shall include

9 a comprehensive program for meeting the needs of Indian

10 children served by the local educational agency, including

11 the language and cultural needs of the children, that—

12 ‘‘(1) provides programs and activities to meet

13 the culturally related academic needs of American

14 Indian and Alaska Native students;

15 ‘‘(2)(A) is consistent with State and local plans

16 under other provisions of this Act; and

17 ‘‘(B) includes academic content and student

18 performance goals for such children, and bench19 marks for attaining such goals, that are based on

20 the challenging State standards under title I;

21 ‘‘(3) explains how Federal, State, and local pro22 grams, especially under title I, will meet the needs

23 of such students;

24 ‘‘(4) demonstrates how funds made available

25 under this chapter will be used for activities de26 scribed in section 3215;
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1 ‘‘(5) describes the professional development op2 portunities that will be provided, as needed, to en3 sure that—

4 ‘‘(A) teachers and other school profes5 sionals who are new to the Indian community

6 are prepared to work with Indian children; and

7 ‘‘(B) all teachers who will be involved in

8 programs assisted under this chapter have been

9 properly trained to carry out such programs;

10 and

11 ‘‘(6) describes how the local educational

12 agency—

13 ‘‘(A) will periodically assess the progress of

14 all Indian children enrolled in the schools of the

15 local educational agency, including Indian chil16 dren who do not participate in programs as17 sisted under this chapter, in meeting the goals

18 described in paragraph (2);

19 ‘‘(B) will provide the results of each as20 sessment referred to in subparagraph (A) to—

21 ‘‘(i) the committee of parents de22 scribed in subsection (c)(4); and

23 ‘‘(ii) the community served by the

24 local educational agency; and
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1 ‘‘(C) is responding to findings of any pre2 vious assessments that are similar to the as3 sessments described in subparagraph (A).

4 ‘‘(c) ASSURANCES.—Each application submitted

5 under subsection (a) shall include assurances that—

6 ‘‘(1) the local educational agency will use funds

7 received under this chapter only to supplement the

8 level of funds that, in the absence of the Federal

9 funds made available under this chapter, such agen10 cy would make available for the education of Indian

11 children, and not to supplant such funds;

12 ‘‘(2) the local educational agency will submit

13 such reports to the Secretary, in such form and con14 taining such information, as the Secretary may re15 quire to—

16 ‘‘(A) carry out the functions of the Sec17 retary under this chapter; and

18 ‘‘(B) determine the extent to which funds

19 provided to the local educational agency under

20 this chapter are effective in improving the edu21 cational achievement of Indian students served

22 by such agency;

23 ‘‘(3) the program for which assistance is

24 sought—
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1 ‘‘(A) is based on a comprehensive local as2 sessment and prioritization of the unique edu3 cational and culturally related academic needs

4 of the American Indian and Alaska Native stu5 dents to whom the local educational agency is

6 providing an education;

7 ‘‘(B) will use the best available talents and

8 resources, including individuals from the Indian

9 community; and

10 ‘‘(C) was developed by such agency in open

11 consultation with parents of Indian children

12 and teachers, and, if appropriate, Indian stu13 dents from secondary schools, including public

14 hearings held by such agency to provide the in15 dividuals described in this subparagraph a full

16 opportunity to understand the program and to

17 offer recommendations regarding the program;

18 and

19 ‘‘(4) the local educational agency developed the

20 program with the participation and written approval

21 of a committee—

22 ‘‘(A) that is composed of, and selected

23 by—
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1 ‘‘(i) parents of Indian children in the

2 local educational agency’s schools and

3 teachers; and

4 ‘‘(ii) if appropriate, Indian students

5 attending secondary schools;

6 ‘‘(B) a majority of whose members are

7 parents of Indian children;

8 ‘‘(C) that sets forth such policies and pro9 cedures, including policies and procedures relat10 ing to the hiring of personnel, as will ensure

11 that the program for which assistance is sought

12 will be operated and evaluated in consultation

13 with, and with the involvement of, parents of

14 the children, and representatives of the area, to

15 be served;

16 ‘‘(D) with respect to an application de17 scribing a schoolwide program in accordance

18 with section 3215(c), that has—

19 ‘‘(i) reviewed in a timely fashion the

20 program; and

21 ‘‘(ii) determined that the program will

22 not diminish the availability of culturally

23 related activities for American Indian and

24 Alaskan Native students; and
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1 ‘‘(E) that has adopted reasonable bylaws

2 for the conduct of the activities of the com3 mittee and abides by such bylaws.

4 ‘‘SEC. 3215. AUTHORIZED SERVICES AND ACTIVITIES.

5 ‘‘(a) GENERAL REQUIREMENTS.—Each local edu6 cational agency that receives a grant under this chapter

7 shall use the grant funds, in a manner consistent with the

8 purpose specified in section 3211, for services and activi9 ties that—

10 ‘‘(1) are designed to carry out the comprehen11 sive program of the local educational agency for In12 dian students, and described in the application of

13 the local educational agency submitted to the Sec14 retary under section 3214(b);

15 ‘‘(2) are designed with special regard for the

16 language and cultural needs of the Indian students;

17 and

18 ‘‘(3) supplement and enrich the regular school

19 program of such agency.

20 ‘‘(b) PARTICULAR ACTIVITIES.—The services and ac21 tivities referred to in subsection (a) may include—

22 ‘‘(1) culturally related activities that support

23 the program described in the application submitted

24 by the local educational agency;
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1 ‘‘(2) early childhood and family programs that

2 emphasize school readiness;

3 ‘‘(3) enrichment programs that focus on prob4 lem solving and cognitive skills development and di5 rectly support the attainment of challenging State

6 academic content standards and State student aca7 demic achievement standards;

8 ‘‘(4) integrated educational services in combina9 tion with other programs that meet the needs of In10 dian children and their families;

11 ‘‘(5) career preparation activities to enable In12 dian students to participate in programs such as the

13 programs supported by the Carl D. Perkins Voca14 tional and Technical Education Act of 1998, includ15 ing programs for tech-prep, mentoring, and appren16 ticeship;

17 ‘‘(6) activities to educate individuals concerning

18 substance abuse and to prevent substance abuse;

19 ‘‘(7) the acquisition of equipment, but only if

20 the acquisition of the equipment is essential to meet

21 the purposes described in section 3211; and

22 ‘‘(8) family literacy services.

23 ‘‘(c) SCHOOLWIDE PROGRAMS.—Notwithstanding

24 any other provision of law, a local educational agency may

25 use funds made available to such agency under this chap-
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1 ter to support a schoolwide program under section 1114

2 if—

3 ‘‘(1) the committee composed of parents estab4 lished pursuant to section 3214(c)(4) approves the

5 use of the funds for the schoolwide program; and

6 ‘‘(2) the schoolwide program is consistent with

7 the purposes described in section 3211.

8 ‘‘(d) LIMITATION ON ADMINISTRATIVE COSTS.—Not

9 more than 5 percent of the funds provided to a grantee

10 under this chapter for any fiscal year may be used for

11 administrative purposes.

12 ‘‘SEC. 3216. INTEGRATION OF SERVICES AUTHORIZED.

13 ‘‘(a) PLAN.—An entity receiving funds under this

14 chapter may submit a plan to the Secretary for the inte15 gration of education and related services provided to In16 dian students.

17 ‘‘(b) COORDINATION OF PROGRAMS.—Upon the re18 ceipt of an acceptable plan, the Secretary, in cooperation

19 with each Federal agency providing grants for the provi20 sion of education and related services to the applicant,

21 shall authorize the applicant to coordinate, in accordance

22 with such plan, its federally funded education and related

23 services programs, or portions thereof, serving Indian stu24 dents in a manner that integrates the program services

25 involved into a single, coordinated, comprehensive pro-
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1 gram and reduces administrative costs by consolidating

2 administrative functions.

3 ‘‘(c) PROGRAMS AFFECTED.—The funds that may be

4 consolidated in a demonstration project under any such

5 plan referred to in subsection (b) shall include funds for

6 any Federal program exclusively serving Indian children

7 or the funds reserved under any program to exclusively

8 serve Indian children under which the applicant is eligible

9 for receipt of funds under a statutory or administrative

10 formula for the purposes of providing education and re11 lated services which would be used to serve Indian stu12 dents.

13 ‘‘(d) PLAN REQUIREMENTS.—For a plan to be ac14 ceptable pursuant to subsection (b), it shall—

15 ‘‘(1) identify the programs or funding sources

16 to be consolidated;

17 ‘‘(2) be consistent with the purposes of this sec18 tion authorizing the services to be integrated in a

19 demonstration project;

20 ‘‘(3) describe a comprehensive strategy which

21 identifies the full range of potential educational op22 portunities and related services to be provided to as23 sist Indian students to achieve the goals set forth in

24 this chapter;
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1 ‘‘(4) describe the way in which services are to

2 be integrated and delivered and the results expected

3 from the plan;

4 ‘‘(5) identify the projected expenditures under

5 the plan in a single budget;

6 ‘‘(6) identify the local, State, or tribal agency

7 or agencies to be involved in the delivery of the serv8 ices integrated under the plan;

9 ‘‘(7) identify any statutory provisions, regula10 tions, policies, or procedures that the applicant be11 lieves need to be waived in order to implement its

12 plan;

13 ‘‘(8) set forth measures of student achievement

14 and performance goals designed to be met within a

15 specified period of time; and

16 ‘‘(9) be approved by a parent committee formed

17 in accordance with section 3214(c)(4), if such a

18 committee exists.

19 ‘‘(e) PLAN REVIEW.—Upon receipt of the plan from

20 an eligible entity, the Secretary shall consult with the Sec21 retary of each Federal department providing funds to be

22 used to implement the plan, and with the entity submit23 ting the plan. The parties so consulting shall identify any

24 waivers of statutory requirements or of Federal depart25 mental regulations, policies, or procedures necessary to en-
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1 able the applicant to implement its plan. Notwithstanding

2 any other provision of law, the Secretary of the affected

3 department or departments shall have the authority to

4 waive any regulation, policy, or procedure promulgated by

5 that department that has been so identified by the appli6 cant or department, unless the Secretary of the affected

7 department determines that such a waiver is inconsistent

8 with the intent of this chapter or those provisions of the

9 statute from which the program involved derives its au10 thority which are specifically applicable to Indian stu11 dents.

12 ‘‘(f) PLAN APPROVAL.—Within 90 days after the re13 ceipt of an applicant’s plan by the Secretary, the Secretary

14 shall inform the applicant, in writing, of the Secretary’s

15 approval or disapproval of the plan. If the plan is dis16 approved, the applicant shall be informed, in writing, of

17 the reasons for the disapproval and shall be given an op18 portunity to amend its plan or to petition the Secretary

19 to reconsider such disapproval.

20 ‘‘(g) RESPONSIBILITIES OF DEPARTMENT OF EDU21 CATION.—Not later than 180 days after the date of the

22 enactment of the No Child Left Behind Act of 2001, the

23 Secretary of Education, the Secretary of the Interior, and

24 the head of any other Federal department or agency iden25 tified by the Secretary of Education, shall enter into an
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1 interdepartmental memorandum of agreement providing

2 for the implementation of the demonstration projects au3 thorized under this section. The lead agency head for a

4 demonstration program under this section shall be—

5 ‘‘(1) the Secretary of the Interior, in the case

6 of applicant meeting the definition of contract or

7 grant school under title XI of the Education Amend8 ments of 1978; or

9 ‘‘(2) the Secretary of Education, in the case of

10 any other applicant.

11 ‘‘(h) RESPONSIBILITIES OF LEAD AGENCY.—The re12 sponsibilities of the lead agency shall include—

13 ‘‘(1) the use of a single report format related

14 to the plan for the individual project which shall be

15 used by an eligible entity to report on the activities

16 undertaken under the project;

17 ‘‘(2) the use of a single report format related

18 to the projected expenditures for the individual

19 project which shall be used by an eligible entity to

20 report on all project expenditures;

21 ‘‘(3) the development of a single system of Fed22 eral oversight for the project, which shall be imple23 mented by the lead agency; and

24 ‘‘(4) the provision of technical assistance to an

25 eligible entity appropriate to the project, except that
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1 an eligible entity shall have the authority to accept

2 or reject the plan for providing such technical assist3 ance and the technical assistance provider.

4 ‘‘(i) REPORT REQUIREMENTS.—A single report for5 mat shall be developed by the Secretary, consistent with

6 the requirements of this section. Such report format, to7 gether with records maintained on the consolidated pro8 gram at the local level, shall contain such information as

9 will allow a determination that the eligible entity has com10 plied with the requirements incorporated in its approved

11 plan, including the demonstration of student achievement,

12 and will provide assurances to each Secretary that the eli13 gible entity has complied with all directly applicable statu14 tory requirements and with those directly applicable regu15 latory requirements which have not been waived.

16 ‘‘(j) NO REDUCTION IN AMOUNTS.—In no case shall

17 the amount of Federal funds available to an eligible entity

18 involved in any demonstration project be reduced as a re19 sult of the enactment of this section.

20 ‘‘(k) INTERAGENCY FUND TRANSFERS AUTHOR21 IZED.—The Secretary is authorized to take such action

22 as may be necessary to provide for an interagency transfer

23 of funds otherwise available to an eligible entity in order

24 to further the purposes of this section.

25 ‘‘(l) ADMINISTRATION OF FUNDS.—
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1 ‘‘(1) IN GENERAL.—Program funds shall be ad2 ministered in such a manner as to allow for a deter3 mination that funds from specific a program or pro4 grams are spent on allowable activities authorized

5 under such program, except that the eligible entity

6 shall determine the proportion of the funds granted

7 which shall be allocated to such program.

8 ‘‘(2) SEPARATE RECORDS NOT REQUIRED.—

9 Nothing in this section shall be construed as requir10 ing the eligible entity to maintain separate records

11 tracing any services or activities conducted under its

12 approved plan to the individual programs under

13 which funds were authorized, nor shall the eligible

14 entity be required to allocate expenditures among

15 such individual programs.

16 ‘‘(m) OVERAGE.—All administrative costs may be

17 commingled and participating entities shall be entitled to

18 the full amount of such costs (under each program or de19 partment’s regulations), and no overage shall be counted

20 for Federal audit purposes, provided that the overage is

21 used for the purposes provided for under this section.

22 ‘‘(n) FISCAL ACCOUNTABILITY.—Nothing in this

23 subpart shall be construed so as to interfere with the abil24 ity of the Secretary or the lead agency to fulfill the respon-
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1 sibilities for the safeguarding of Federal funds pursuant

2 to the Single Audit Act of 1984.

3 ‘‘(o) REPORT ON STATUTORY OBSTACLES TO PRO4 GRAM INTEGRATION.—

5 ‘‘(1) PRELIMINARY REPORT.—Not later than 2

6 years after the date of the enactment of the No

7 Child Left Behind Act of 2001, the Secretary of

8 Education shall submit a preliminary report to the

9 Committee on Health, Education, Labor, and Pen10 sions of the Senate and the Committee on Education

11 and the Workforce of the House of Representatives

12 on the status of the implementation of the dem13 onstration program authorized under this section.

14 ‘‘(2) FINAL REPORT.—Not later than 5 years

15 after the date of the enactment of the No Child Left

16 Behind Act of 2001, the Secretary of Education

17 shall submit a report to the Committee on Health,

18 Education, Labor, and Pensions of the Senate and

19 the Committee on Education and the Workforce of

20 the House of Representatives on the results of the

21 implementation of the demonstration program au22 thorized under this section. Such report shall iden23 tify statutory barriers to the ability of participants

24 to integrate more effectively their education and re-
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1 lated services to Indian students in a manner con2 sistent with the purposes of this section.

3 ‘‘(p) DEFINITIONS.—For the purposes of this section,

4 the term ‘Secretary’ means—

5 ‘‘(1) the Secretary of the Interior, in the case

6 of applicant meeting the definition of contract or

7 grant school under title XI of the Education Amend8 ments of 1978; or

9 ‘‘(2) the Secretary of Education, in the case of

10 any other applicant.

11 ‘‘SEC. 3217. STUDENT ELIGIBILITY FORMS.

12 ‘‘(a) IN GENERAL.—The Secretary shall require that,

13 as part of an application for a grant under this chapter,

14 each applicant shall maintain a file, with respect to each

15 Indian child for whom the local educational agency pro16 vides a free public education, that contains a form that

17 sets forth information establishing the status of the child

18 as an Indian child eligible for assistance under this chap19 ter and that otherwise meets the requirements of subsec20 tion (b).

21 ‘‘(b) FORMS.—

22 ‘‘(1) IN GENERAL.—The form described in sub23 section (a) shall include—

24 ‘‘(A) either—
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1 ‘‘(i)(I) the name of the tribe or band

2 of Indians (as described in section

3 3251(3)) with respect to which the child

4 claims membership;

5 ‘‘(II) the enrollment number estab6 lishing the membership of the child (if

7 readily available); and

8 ‘‘(III) the name and address of the

9 organization that maintains updated and

10 accurate membership data for such tribe or

11 band of Indians; or

12 ‘‘(ii) if the child is not a member of

13 a tribe or band of Indians, the name, the

14 enrollment number (if readily available),

15 and the organization (and address thereof)

16 responsible for maintaining updated and

17 accurate membership rolls of the tribe of

18 any parent or grandparent of the child

19 from whom the child claims eligibility;

20 ‘‘(B) a statement of whether the tribe or

21 band of Indians with respect to which the child,

22 parent, or grandparent of the child claims mem23 bership is federally recognized;

24 ‘‘(C) the name and address of the parent

25 or legal guardian of the child;
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1 ‘‘(D) a signature of the parent or legal

2 guardian of the child that verifies the accuracy

3 of the information supplied; and

4 ‘‘(E) any other information that the Sec5 retary considers necessary to provide an accu6 rate program profile.

7 ‘‘(2) MINIMUM INFORMATION.—In order for a

8 child to be eligible to be counted for the purpose of

9 computing the amount of a grant award made under

10 section 3213, an eligibility form prepared pursuant

11 to this section for a child shall include—

12 ‘‘(A) the name of the child;

13 ‘‘(B) the name of the tribe or band of Indi14 ans (as described in section 3251(3)) with re15 spect to which the child claims eligibility; and

16 ‘‘(C) the dated signature of the parent or

17 guardian of the child.

18 ‘‘(3) FAILURE.—The failure of an applicant to

19 furnish any information described in this subsection

20 other than the information described in paragraph

21 (2) with respect to any child shall have no bearing

22 on the determination of whether the child is an eligi23 ble Indian child for the purposes of determining the

24 amount of a grant award made under section 3213.
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1 ‘‘(c) STATUTORY CONSTRUCTION.—Nothing in this

2 section shall be construed to affect a definition contained

3 in section 3251.

4 ‘‘(d) FORMS AND STANDARDS OF PROOF.—The

5 forms and the standards of proof (including the standard

6 of good faith compliance) that were in use during the

7 1985–1986 academic year to establish the eligibility of a

8 child for entitlement under the Indian Elementary and

9 Secondary School Assistance Act shall be the forms and

10 standards of proof used—

11 ‘‘(1) to establish such eligibility; and

12 ‘‘(2) to meet the requirements of subsection (a).

13 ‘‘(e) DOCUMENTATION.—For purposes of deter14 mining whether a child is eligible to be counted for the

15 purpose of computing the amount of a grant under section

16 3213, the membership of the child, or any parent or

17 grandparent of the child, in a tribe or band of Indians

18 may be established by proof other than an enrollment

19 number, notwithstanding the availability of an enrollment

20 number for a member of such tribe or band. Nothing in

21 subsection (b) shall be construed to require the furnishing

22 of an enrollment number.

23 ‘‘(f) MONITORING AND EVALUATION REVIEW.—

24 ‘‘(1) IN GENERAL.—(A) For each fiscal year, in

25 order to provide such information as is necessary to
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1 carry out the responsibility of the Secretary to pro2 vide technical assistance under this chapter, the Sec3 retary shall conduct a monitoring and evaluation re4 view of a sampling of the recipients of grants under

5 this chapter. The sampling conducted under this

6 subparagraph shall take into account the size of the

7 local educational agency and the geographic location

8 of such agency.

9 ‘‘(B) A local educational agency may not be

10 held liable to the United States or be subject to any

11 penalty, by reason of the findings of an audit that

12 relates to the date of completion, or the date of sub13 mission, of any forms used to establish, before April

14 28, 1988, the eligibility of a child for entitlement

15 under the Indian Elementary and Secondary School

16 Assistance Act.

17 ‘‘(2) FALSE INFORMATION.—Any local edu18 cational agency that provides false information in an

19 application for a grant under this chapter shall—

20 ‘‘(A) be ineligible to apply for any other

21 grant under this subpart; and

22 ‘‘(B) be liable to the United States for any

23 funds that have not been expended.

24 ‘‘(3) EXCLUDED CHILDREN.—A student who

25 provides false information for the form required
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1 under subsection (a) shall not be counted for the

2 purpose of computing the amount of a grant under

3 section 3213.

4 ‘‘(g) TRIBAL GRANT AND CONTRACT SCHOOLS.—

5 Notwithstanding any other provision of this section, in

6 awarding funds under this chapter to a tribal school that

7 receives a grant or contract from the Bureau of Indian

8 Affairs, the Secretary shall use only one of the following,

9 as selected by the school:

10 ‘‘(1) A count of the number of students in those

11 schools certified by the Bureau.

12 ‘‘(2) A count of the number of students for

13 whom the school has eligibility forms that comply

14 with this section.

15 ‘‘(h) TIMING OF CHILD COUNTS.—For purposes of

16 determining the number of children to be counted in calcu17 lating the amount of a local educational agency’s grant

18 under this chapter (other than in the case described in

19 subsection (g)(1)), the local educational agency shall—

20 ‘‘(1) establish a date on, or a period not longer

21 than 31 consecutive days during which, the agency

22 counts those children, so long as that date or period

23 occurs before the deadline established by the Sec24 retary for submitting an application under section

25 3214; and
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1 ‘‘(2) determine that each such child was en2 rolled, and receiving a free public education, in a

3 school of the agency on that date or during that pe4 riod, as the case may be.

5 ‘‘SEC. 3218. PAYMENTS.

6 ‘‘(a) IN GENERAL.—Subject to subsections (b) and

7 (c), the Secretary shall pay to each local educational agen8 cy that submits an application that is approved by the Sec9 retary under this chapter the amount determined under

10 section 3213. The Secretary shall notify the local edu11 cational agency of the amount of the payment not later

12 than June 1 of the year for which the Secretary makes

13 the payment.

14 ‘‘(b) PAYMENTS TAKEN INTO ACCOUNT BY THE

15 STATE.—The Secretary may not make a grant under this

16 chapter to a local educational agency for a fiscal year if,

17 for such fiscal year, the State in which the local edu18 cational agency is located takes into consideration pay19 ments made under this chapter in determining the eligi20 bility of the local educational agency for State aid, or the

21 amount of the State aid, with respect to the free public

22 education of children during such fiscal year or the pre23 ceding fiscal year.

24 ‘‘(c) REDUCTION OF PAYMENT FOR FAILURE TO

25 MAINTAIN FISCAL EFFORT.—
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1 ‘‘(1) IN GENERAL.—The Secretary may not pay

2 a local educational agency the full amount of a grant

3 award determined under section 3213 for any fiscal

4 year unless the State educational agency notifies the

5 Secretary, and the Secretary determines that, with

6 respect to the provision of free public education by

7 the local educational agency for the preceding fiscal

8 year, the combined fiscal effort of the local edu9 cational agency and the State, computed on either a

10 per student or aggregate expenditure basis, was not

11 less than 90 percent of the amount of the combined

12 fiscal effort, computed on the same basis, for the

13 second preceding fiscal year.

14 ‘‘(2) FAILURE TO MAINTAIN EFFORT.—If, for

15 any fiscal year, the Secretary determines that a local

16 educational agency failed to maintain the fiscal ef17 fort of such agency at the level specified in para18 graph (1), the Secretary shall—

19 ‘‘(A) reduce the amount of the grant that

20 would otherwise be made to such agency under

21 this chapter in the exact proportion of such

22 agency’s failure to maintain its fiscal effort at

23 such level; and

24 ‘‘(B) not use the reduced amount of the

25 agency’s expenditures for the preceding year to
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1 determine compliance with paragraph (1) for

2 any succeeding fiscal year, but shall use the

3 amount of expenditures that would have been

4 required to comply with paragraph (1).

5 ‘‘(3) WAIVER.—(A) The Secretary may waive

6 the requirement of paragraph (1), for not more than

7 1 year at a time, if the Secretary determines that

8 the failure to comply with such requirement is due

9 to exceptional or uncontrollable circumstances, such

10 as a natural disaster or a precipitous and unforeseen

11 decline in the agency’s financial resources.

12 ‘‘(B) The Secretary shall not use the reduced

13 amount of such agency’s expenditures for the fiscal

14 year preceding the fiscal year for which a waiver is

15 granted to determine compliance with paragraph (1)

16 for any succeeding fiscal year, but shall use the

17 amount of expenditures that would have been re18 quired to comply with paragraph (1) in the absence

19 of the waiver.

20 ‘‘(d) REALLOCATIONS.—The Secretary may reallo21 cate, in a manner that the Secretary determines will best

22 carry out the purpose of this chapter, any amounts that—

23 ‘‘(1) based on estimates made by local edu24 cational agencies or other information, the Secretary
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1 determines will not be needed by such agencies to

2 carry out approved programs under this chapter; or

3 ‘‘(2) otherwise become available for reallocation

4 under this chapter.

5 ‘‘SEC. 3219. STATE EDUCATIONAL AGENCY REVIEW.

6 ‘‘Before submitting an application to the Secretary

7 under section 3214, a local educational agency shall sub8 mit the application to the State educational agency, which

9 may comment on such application. If the State educational

10 agency comments on the application, it shall comment on

11 all applications submitted by local educational agencies in

12 the State and shall provide those comments to the respec13 tive local educational agencies, with an opportunity to re14 spond.

15 ‘‘CHAPTER 2—SPECIAL PROGRAMS AND

16 PROJECTS TO IMPROVE EDU17 CATIONAL OPPORTUNITIES FOR IN18 DIAN CHILDREN

19 ‘‘SEC. 3221. IMPROVEMENT OF EDUCATIONAL OPPORTUNI20 TIES FOR INDIAN CHILDREN.

21 ‘‘(a) PURPOSE.—

22 ‘‘(1) IN GENERAL.—It is the purpose of this

23 section to support projects to develop, test, and dem24 onstrate the effectiveness of services and programs
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1 to improve educational opportunities and achieve2 ment of Indian children.

3 ‘‘(2) COORDINATION.—The Secretary shall take

4 such actions as are necessary to achieve the coordi5 nation of activities assisted under this chapter

6 with—

7 ‘‘(A) other programs funded under this

8 Act; and

9 ‘‘(B) other Federal programs operated for

10 the benefit of American Indian and Alaska Na11 tive children.

12 ‘‘(b) ELIGIBLE ENTITIES.—For the purpose of this

13 section, the term ‘eligible entity’ means a State edu14 cational agency, local educational agency, Indian tribe, In15 dian organization, federally supported elementary and sec16 ondary school for Indian students, Indian institution, in17 cluding an Indian institution of higher education, or a con18 sortium of such institutions.

19 ‘‘(c) GRANTS AUTHORIZED.—

20 ‘‘(1) IN GENERAL.—The Secretary shall award

21 grants to eligible entities to enable such entities to

22 carry out activities that meet the purpose specified

23 in subsection (a)(1), including—
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1 ‘‘(A) innovative programs related to the

2 educational needs of educationally disadvan3 taged children;

4 ‘‘(B) educational services that are not

5 available to such children in sufficient quantity

6 or quality, including remedial instruction, to

7 raise the achievement of Indian children in one

8 or more of the core academic subjects of

9 English, mathematics, science, foreign lan10 guages, art, history, 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 prob16 lems 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;

24 ‘‘(G) early childhood and kindergarten pro25 grams, including family-based preschool pro-
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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

5 educational agencies and institutions of higher

6 education that allow secondary school students

7 to enroll in courses at the postsecondary level to

8 aid such students in the transition from sec9 ondary 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

13 the knowledge and skills such youth need to

14 make an effective transition from school to a

15 high-skill, 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 edu19 cation;

20 ‘‘(K) family literacy services; or

21 ‘‘(L) other services that meet the purpose

22 described in subsection (a)(1).

23 ‘‘(2) PROFESSIONAL DEVELOPMENT.—Profes24 sional development of teaching professionals and
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1 paraprofessional may be a part of any program as2 sisted under this section.

3 ‘‘(d) GRANT REQUIREMENTS AND APPLICATIONS.—

4 ‘‘(1) GRANT REQUIREMENTS.—(A) The Sec5 retary may make multiyear grants under this section

6 for the planning, development, pilot operation, or

7 demonstration of any activity described in subsection

8 (c) for a period not to exceed 5 years.

9 ‘‘(B) In making multiyear grants under this

10 section, the Secretary shall give priority to applica11 tions that present a plan for combining two or more

12 of the activities described in subsection (c) over a

13 period of more than 1 year.

14 ‘‘(C) The Secretary shall make a grant payment

15 to an eligible entity after the initial year of the

16 multiyear grant only if the Secretary determines

17 that the eligible entity has made substantial progress

18 in carrying out the activities assisted under the

19 grant in accordance with the application submitted

20 under paragraph (2) and any subsequent modifica21 tions to such application.

22 ‘‘(D)(i) In addition to awarding the multiyear

23 grants described in subparagraph (A), the Secretary

24 may award grants to eligible entities for the dissemi-
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1 nation of exemplary materials or programs assisted

2 under this section.

3 ‘‘(ii) The Secretary may award a dissemination

4 grant under this subparagraph if, prior to awarding

5 the grant, the Secretary determines that the mate6 rial or program to be disseminated has been ade7 quately reviewed and has demonstrated—

8 ‘‘(I) educational merit; and

9 ‘‘(II) the ability to be replicated.

10 ‘‘(2) APPLICATION.—(A) Any eligible entity

11 that desires to receive a grant under this section

12 shall submit an application to the Secretary at such

13 time and in such manner as the Secretary may re14 quire.

15 ‘‘(B) Each application submitted to the Sec16 retary under subparagraph (A), other than an appli17 cation for a dissemination grant under paragraph

18 (1)(D), shall contain—

19 ‘‘(i) a description of how parents of Indian

20 children and representatives of Indian tribes

21 have been, and will be, involved in developing

22 and implementing the activities for which as23 sistance is sought;

24 ‘‘(ii) assurances that the applicant will par25 ticipate, at the request of the Secretary, in any
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1 national evaluation of activities assisted under

2 this section;

3 ‘‘(iii) information demonstrating that the

4 proposed program is either a research-based

5 program (which may be a research-based pro6 gram that has been modified to be culturally

7 appropriate for the students who will be

8 served);

9 ‘‘(iv) a description of how the applicant

10 will incorporate the proposed services into the

11 ongoing school program once the grant period is

12 over; and

13 ‘‘(v) such other assurances and informa14 tion as the Secretary may reasonably require.

15 ‘‘(e) ADMINISTRATIVE COSTS.—Not more than 5 per16 cent of the funds provided to a grantee under this chapter

17 for any fiscal year may be used for administrative pur18 poses.

19 ‘‘SEC. 3222. PROFESSIONAL DEVELOPMENT FOR TEACHERS

20 AND EDUCATION PROFESSIONALS.

21 ‘‘(a) PURPOSES.—The purposes of this section are—

22 ‘‘(1) to increase the number of qualified Indian

23 individuals in teaching or other education profes24 sions that serve Indian people;
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1 ‘‘(2) to provide training to qualified Indian indi2 viduals to enable such individuals to become teach3 ers, administrators, teacher aides, social workers,

4 and ancillary educational personnel; and

5 ‘‘(3) to improve the skills of qualified Indian in6 dividuals who serve in the capacities described in

7 paragraph (2).

8 ‘‘(b) ELIGIBLE ENTITIES.—For the purpose of this

9 section, the term ‘eligible entity’ means—

10 ‘‘(1) an institution of higher education, includ11 ing an Indian institution of higher education;

12 ‘‘(2) a State or local educational agency, in con13 sortium with an institution of higher education; and

14 ‘‘(3) an Indian tribe or organization, in consor15 tium with an institution of higher education.

16 ‘‘(c) PROGRAM AUTHORIZED.—The Secretary is au17 thorized to award grants to eligible entities having applica18 tions approved under this section to enable such entities

19 to carry out the activities described in subsection (d).

20 ‘‘(d) AUTHORIZED ACTIVITIES.—

21 ‘‘(1) IN GENERAL.—Grant funds under this sec22 tion shall be used to provide support and training

23 for Indian individuals in a manner consistent with

24 the purposes of this section. Such activities may in25 clude but are not limited to, continuing programs,
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1 symposia, workshops, conferences, and direct finan2 cial support.

3 ‘‘(2) SPECIAL RULES.—(A) For education per4 sonnel, the training received pursuant to a grant

5 under this section may be inservice or preservice

6 training.

7 ‘‘(B) For individuals who are being trained to

8 enter any field other than teaching, the training re9 ceived pursuant to a grant under this section shall

10 be in a program that results in a graduate degree.

11 ‘‘(e) APPLICATION.—Each eligible entity desiring a

12 grant under this section shall submit an application to the

13 Secretary at such time, in such manner and accompanied

14 by such information, as the Secretary may reasonably re15 quire.

16 ‘‘(f) SPECIAL RULE.—In making grants under this

17 section, the Secretary—

18 ‘‘(1) shall consider the prior performance of the

19 eligible entity; and

20 ‘‘(2) may not limit eligibility to receive a grant

21 under this section on the basis of—

22 ‘‘(A) the number of previous grants the

23 Secretary has awarded such entity; or

24 ‘‘(B) the length of any period during which

25 such entity received such grants.
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1 ‘‘(g) GRANT PERIOD.—Each grant under this section

2 shall be awarded for a period of not more than 5 years.

3 ‘‘(h) SERVICE OBLIGATION.—

4 ‘‘(1) IN GENERAL.—The Secretary shall re5 quire, by regulation, that an individual who receives

6 training pursuant to a grant made under this

7 section—

8 ‘‘(A) perform work—

9 ‘‘(i) related to the training received

10 under this section; and

11 ‘‘(ii) that benefits Indian people; or

12 ‘‘(B) repay all or a prorated part of the as13 sistance received.

14 ‘‘(2) REPORTING.—The Secretary shall estab15 lish, by regulation, a reporting procedure under

16 which a grant recipient under this section shall, not

17 later than 12 months after the date of completion of

18 the training, and periodically thereafter, provide in19 formation concerning the compliance of such recipi20 ent with the work requirement under paragraph (1).
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1 ‘‘CHAPTER 3—NATIONAL RESEARCH

2 ACTIVITIES

3 ‘‘SEC. 3231. NATIONAL ACTIVITIES.

4 ‘‘(a) AUTHORIZED ACTIVITIES.—The Secretary may

5 use funds made available under section 3252(b) for each

6 fiscal year to—

7 ‘‘(1) conduct research related to effective ap8 proaches for the education of Indian children and

9 adults;

10 ‘‘(2) evaluate federally assisted education pro11 grams from which Indian children and adults may

12 benefit;

13 ‘‘(3) collect and analyze data on the educational

14 status and needs of Indians; and

15 ‘‘(4) carry out other activities that are con16 sistent with the purpose of this subpart.

17 ‘‘(b) ELIGIBILITY.—The Secretary may carry out any

18 of the activities described in subsection (a) directly or

19 through grants to, or contracts or cooperative agreements

20 with Indian tribes, Indian organizations, State educational

21 agencies, local educational agencies, institutions of higher

22 education, including Indian institutions of higher edu23 cation, and other public and private agencies and

24 institutions.
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1 ‘‘(c) COORDINATION.—Research activities supported

2 under this section—

3 ‘‘(1) shall be carried out in consultation with

4 the Office of Educational Research and Improve5 ment to assure that such activities are coordinated

6 with and enhance the research and development ac7 tivities supported by the Office; and

8 ‘‘(2) may include collaborative research activi9 ties which are jointly funded and carried out by the

10 Office of Indian Education Programs and the Office

11 of Educational Research and Improvement.

12 ‘‘CHAPTER 4—FEDERAL ADMINISTRATION

13 ‘‘SEC. 3241. NATIONAL ADVISORY COUNCIL ON INDIAN EDU14 CATION.

15 ‘‘(a) MEMBERSHIP.—There is established a National

16 Advisory Council on Indian Education (hereafter in this

17 section referred to as the ‘Council’), which shall—

18 ‘‘(1) consist of 15 Indian members, who shall

19 be appointed by the President from lists of nominees

20 furnished, from time-to-time, by Indian tribes and

21 organizations; and

22 ‘‘(2) represent different geographic areas of the

23 United States.

24 ‘‘(b) DUTIES.—The Council shall—
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1 ‘‘(1) advise the Secretary concerning the fund2 ing and administration (including the development of

3 regulations and administrative policies and prac4 tices) of any program, including any program estab5 lished under this subpart—

6 ‘‘(A) with respect to which the Secretary

7 has jurisdiction; and

8 ‘‘(B)(i) that includes Indian children or

9 adults as participants; or

10 ‘‘(ii) that may benefit Indian children or

11 adults;

12 ‘‘(2) make recommendations to the Secretary

13 for filling the position of Director of Indian Edu14 cation whenever a vacancy occurs; and

15 ‘‘(3) submit to the Congress, not later than

16 June 30 of each year, a report on the activities of

17 the Council, including—

18 ‘‘(A) any recommendations that the Coun19 cil considers appropriate for the improvement of

20 Federal education programs that include Indian

21 children or adults as participants, or that may

22 benefit Indian children or adults; and

23 ‘‘(B) recommendations concerning the

24 funding of any program described in subpara25 graph (A).
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1 ‘‘SEC. 3242. PEER REVIEW.

2 ‘‘The Secretary may use a peer review process to re3 view applications submitted to the Secretary under chap4 ter 2 or 3.

5 ‘‘SEC. 3243. PREFERENCE FOR INDIAN APPLICANTS.

6 ‘‘In making grants under chapter 2 or 3, the Sec7 retary shall give a preference to Indian tribes, organiza8 tions, and institutions of higher education under any pro9 gram with respect to which Indian tribes, organizations,

10 and institutions are eligible to apply for grants.

11 ‘‘SEC. 3244. MINIMUM GRANT CRITERIA.

12 ‘‘The Secretary may not approve an application for

13 a grant under subpart 2 unless the application is for a

14 grant that is—

15 ‘‘(1) of sufficient size, scope, and quality to

16 achieve the purpose or objectives of such grant; and

17 ‘‘(2) based on relevant research findings.

18 ‘‘CHAPTER 5—DEFINITIONS;

19 AUTHORIZATIONS OF APPROPRIATIONS

20 ‘‘SEC. 3251. DEFINITIONS.

21 ‘‘For the purposes of this subpart:

22 ‘‘(1) ADULT.—The term ‘adult’ means an indi23 vidual who—

24 ‘‘(A) has attained the age of 16 years; or
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1 ‘‘(B) has attained an age that is greater

2 than the age of compulsory school attendance

3 under an applicable State law.

4 ‘‘(2) FREE PUBLIC EDUCATION.—The term

5 ‘free public education’ means education that is—

6 ‘‘(A) provided at public expense, under

7 public supervision and direction, and without

8 tuition charge; and

9 ‘‘(B) provided as elementary or secondary

10 education in the applicable State or to preschool

11 children.

12 ‘‘(3) INDIAN.—The term ‘Indian’ means an in13 dividual who is—

14 ‘‘(A) a member of an Indian tribe or band,

15 as membership is defined by the tribe or band,

16 including—

17 ‘‘(i) any tribe or band terminated

18 since 1940; and

19 ‘‘(ii) any tribe or band recognized by

20 the State in which the tribe or band re21 sides;

22 ‘‘(B) a descendant, in the first or second

23 degree, of an individual described in subpara24 graph (A);
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1 ‘‘(C) considered by the Secretary of the In2 terior to be an Indian for any purpose;

3 ‘‘(D) an Eskimo, Aleut, or other Alaska

4 Native; or

5 ‘‘(E) a member of an organized Indian

6 group that received a grant under the Indian

7 Education Act of 1988 as it was in effect the

8 day preceding the date of the enactment of the

9 Improving America’s Schools Act of 1994.

10 ‘‘SEC. 3252. AUTHORIZATIONS OF APPROPRIATIONS.

11 ‘‘(a) CHAPTER 1.—For the purpose of carrying out

12 chapter 1 of this subpart, there are authorized to be ap13 propriated $100,000,000 for fiscal year 2002, and such

14 sums as may be necessary for each of fiscal years 2003

15 through 2006.

16 ‘‘(b) CHAPTERS 2 AND 3.—For the purpose of car17 rying out chapters 2 and 3 of this subpart, there are au18 thorized to be appropriated $25,000,000 for fiscal year

19 2002, and such sums as may be necessary for each of the

20 fiscal years 2003 through 2006.’’.

21 (b) SAVINGS PROVISION.—Funds appropriated for

22 part A of title IX of the Elementary and Secondary Edu23 cation Act of 1965 (as in effect on the day before the date

24 of the enactment of this Act) shall be available for use
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1 under subpart 1 of part B of title III of such Act, as added

2 by this section.

3 SEC. 312. ALASKA NATIVE EDUCATION.

4 (a) IN GENERAL.—Part B of title III (as added by

5 section 311 of this Act) is further amended by adding at

6 the end the following new subpart:

7 ‘‘Subpart 2—Alaska Native Education

8 ‘‘SEC. 3301. SHORT TITLE.

9 ‘‘This subpart may be cited as the ‘Alaska Native

10 Educational Equity, Support, and Assistance Act’.

11 ‘‘SEC. 3302. FINDINGS.

12 ‘‘The Congress finds and declares:

13 ‘‘(1) The attainment of educational success is

14 critical to the betterment of the conditions, long15 term well-being and preservation of the culture of

16 Alaska Natives.

17 ‘‘(2) It is the policy of the Federal Government

18 to encourage the maximum participation by Alaska

19 Natives in the planning and the management of

20 Alaska Native education programs.

21 ‘‘(3) Alaska Native children enter and exit

22 school with serious educational handicaps.

23 ‘‘(4) The educational achievement of Alaska

24 Native children is far below national norms. In addi25 tion to low Native performance on standardized
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1 tests, Native student dropout rates are high, and

2 Natives are significantly underrepresented among

3 holders of baccalaureate degrees in the State of

4 Alaska. As a result, Native students are being de5 nied their opportunity to become full participants in

6 society by grade school and high school educations

7 that are condemning an entire generation to an

8 underclass status and a life of limited choices.

9 ‘‘(5) The programs authorized herein, combined

10 with expanded Head Start, infant learning and early

11 childhood education programs, and parent education

12 programs are essential if educational handicaps are

13 to be overcome.

14 ‘‘(6) The sheer magnitude of the geographic

15 barriers to be overcome in delivering educational

16 services in rural and village Alaska should be ad17 dressed through the development and implementa18 tion of innovative, model programs in a variety of

19 areas.

20 ‘‘(7) Congress finds that Native children should

21 be afforded the opportunity to begin their formal

22 education on a par with their non-Native peers. The

23 Federal Government should lend support to efforts

24 developed by and undertaken within the Alaska Na-
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1 tive community to improve educational opportunity

2 for all students.

3 ‘‘SEC. 3303. PURPOSE.

4 ‘‘It is the purpose of this subpart to—

5 ‘‘(1) recognize the unique educational needs of

6 Alaska Natives;

7 ‘‘(2) authorize the development of supplemental

8 educational programs to benefit Alaska Natives;

9 ‘‘(3) supplement existing programs and authori10 ties in the area of education to further the purposes

11 of this subpart; and

12 ‘‘(4) provide direction and guidance to appro13 priate Federal, State and local agencies to focus re14 sources, including resources made available under

15 this subpart, on meeting the educational needs of

16 Alaska Natives.

17 ‘‘SEC. 3304. PROGRAM AUTHORIZED.

18 ‘‘(a) GENERAL AUTHORITY.—

19 ‘‘(1) PROGRAM AUTHORIZED.—The Secretary is

20 authorized to make grants to, or enter into contracts

21 with, Alaska Native organizations, educational enti22 ties with experience in developing or operating Alas23 ka Native programs or programs of instruction con24 ducted in Alaska Native languages, and consortia of
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1 such organizations and entities to carry out pro2 grams that meet the purpose of this subpart.

3 ‘‘(2) PERMISSIBLE ACTIVITIES.—Programs

4 under this subpart may include—

5 ‘‘(A) the development and implementation

6 of plans, methods, and strategies to improve the

7 education of Alaska Natives;

8 ‘‘(B) the development of curricula and edu9 cational programs that address the educational

10 needs of Alaska Native students, including—

11 ‘‘(i) curriculum materials that reflect

12 the cultural diversity or the contributions

13 of Alaska Natives;

14 ‘‘(ii) instructional programs that make

15 use of Native Alaskan languages; and

16 ‘‘(iii) networks that introduce success17 ful programs, materials, and techniques to

18 urban and rural schools;

19 ‘‘(C) professional development activities for

20 educators, including—

21 ‘‘(i) programs to prepare teachers to

22 address the cultural diversity and unique

23 needs of Alaska Native students;
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1 ‘‘(ii) in-service programs to improve

2 the ability of teachers to meet the unique

3 needs of Alaska Native students; and

4 ‘‘(iii) recruiting and preparing teach5 ers who are Alaska Natives, reside in com6 munities with high concentrations of Alas7 ka Native students, or are likely to succeed

8 as teachers in isolated, rural communities

9 and engage in cross-cultural instruction;

10 ‘‘(D) the development and operation of

11 home instruction programs for Alaska Native

12 preschool children, the purpose of which is to

13 ensure the active involvement of parents in

14 their children’s education from the earliest

15 ages;

16 ‘‘(E) family literacy services;

17 ‘‘(F) the development and operation of stu18 dent enrichment programs in science and math19 ematics that—

20 ‘‘(i) are designed to prepare Alaska

21 Native students from rural areas, who are

22 preparing to enter high school, to excel in

23 science and math; and

24 ‘‘(ii) provide appropriate support serv25 ices to the families of such students that
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1 are needed to enable such students to ben2 efit from the program;

3 ‘‘(G) research and data collection activities

4 to determine the educational status and needs

5 of Alaska Native children and adults;

6 ‘‘(H) other research and evaluation activi7 ties related to programs under this subpart;

8 and

9 ‘‘(I) other activities, consistent with the

10 purposes of this subpart, to meet the edu11 cational needs of Alaska Native children and

12 adults.

13 ‘‘(3) HOME INSTRUCTION PROGRAMS.—Home

14 instruction programs for Alaska Native preschool

15 children under paragraph (2)(D) may include—

16 ‘‘(A) programs for parents and their in17 fants, from prenatal through age three;

18 ‘‘(B) preschool programs; and

19 ‘‘(C) training, education, and support for

20 parents in such areas as reading readiness, ob21 servation, story-telling, and critical thinking.

22 ‘‘(b) LIMITATION ON ADMINISTRATIVE COSTS.—Not

23 more than 5 percent of funds provided to a grantee under

24 this section for any fiscal year may be used for administra25 tive purposes.
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1 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There

2 are authorized to be appropriated $15,000,000 for fiscal

3 year 2002, and such sums as may be necessary for each

4 of the fiscal years 2003 through 2006 to carry out this

5 subpart.

6 ‘‘SEC. 3305. ADMINISTRATIVE PROVISIONS.

7 ‘‘(a) APPLICATION REQUIRED.—No grant may be

8 made under this subpart, nor any contract be entered into

9 under this subpart, unless an application is submitted to

10 the Secretary in such form, in such manner, and con11 taining such information as the Secretary may determine

12 necessary to carry out the provisions of this subpart.

13 ‘‘(b) APPLICATIONS.—State and local educational

14 agencies may apply for an award under this subpart only

15 as subpart of a consortium involving an Alaska Native or16 ganization. This consortium may include other eligible ap17 plicants.

18 ‘‘(c) CONSULTATION REQUIRED.—Each applicant for

19 funding shall provide for ongoing advice from and con20 sultation with representatives of the Alaska Native com21 munity.

22 ‘‘(d) LOCAL EDUCATIONAL AGENCY COORDINA23 TION.—Each applicant for an award under this subpart

24 shall inform each local educational agency serving stu-
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1 dents who would participate in the project about its appli2 cation.

3 ‘‘SEC. 3306. DEFINITIONS.

4 ‘‘For purposes of this subpart—

5 ‘‘(1) the term ‘Alaska Native’ has the same

6 meaning as the term ‘Native’ has in section 3(b) of

7 the Alaska Native Claims Settlement Act; and

8 ‘‘(2) the term ‘Alaska Native organization’

9 means a federally recognized tribe, consortium of

10 tribes, regional nonprofit Native association, and

11 other Alaska Native organizations that—

12 ‘‘(A) has or commits to acquire expertise

13 in the education of Alaska Natives; and

14 ‘‘(B) has Alaska Natives in substantive

15 and policy-making positions within the organi16 zation.’’.

17 (b) SAVINGS PROVISION.—Funds appropriated for

18 part C of title IX of the Elementary and Secondary Edu19 cation Act of 1965 (as in effect on the day before the date

20 of the enactment of this Act) shall be available for use

21 under subpart 2 of part B of title III of such Act, as added

22 by this section.
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1 SEC. 313. AMENDMENTS TO THE EDUCATION AMENDMENTS

2 OF 1978.

3 Part B of title XI of the Education Amendments of

4 1978 (25 U.S.C. 2001 et seq.) is amended to read as fol5 lows:

6 ‘‘PART B—BUREAU OF INDIAN AFFAIRS

7 PROGRAMS

8 ‘‘SEC. 1120. FINDING AND POLICY.

9 ‘‘(a) FINDING.—Congress finds and recognizes that

10 the Federal Government has the sole responsibility for the

11 operation and financial support of the Bureau of Indian

12 Affairs funded school system that it has established on

13 or near Indian reservations and Indian trust lands

14 throughout the Nation for Indian children.

15 ‘‘(b) POLICY.—It is the policy of the United States

16 to work in full cooperation with Indian tribes toward the

17 goal of assuring that the programs of the Bureau of In18 dian Affairs funded school system are of the highest qual19 ity and meet the unique educational and cultural needs

20 of Indian children.

21 ‘‘SEC. 1121. ACCREDITATION AND STANDARDS FOR THE

22 BASIC EDUCATION OF INDIAN CHILDREN IN

23 BUREAU OF INDIAN AFFAIRS SCHOOLS.

24 ‘‘(a) PURPOSE.—The purpose of the standards imple25 mented under this section shall be to afford Indian stu26 dents being served by a school funded by the Bureau of
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1 Indian Affairs the same opportunities as all other students

2 in the United States to achieve the same challenging State

3 academic achievement standards expected of all students.

4 ‘‘(b) STUDIES AND SURVEYS RELATING TO STAND5 ARDS.—Not later than 1 year after the date of the enact6 ment of the No Child Left Behind Act of 2001, the Sec7 retary, in consultation with the Secretary of Education,

8 consortia of education organizations, and Indian organiza9 tions and tribes, and making the fullest use possible of

10 other existing studies, surveys, and plans, shall carry out

11 by contract with an Indian organization, studies and sur12 veys to establish and revise standards for the basic edu13 cation of Indian children attending Bureau funded

14 schools. Such studies and surveys shall take into account

15 factors such as academic needs, local cultural differences,

16 type and level of language skills, geographic isolation, and

17 appropriate teacher-student ratios for such children, and

18 shall be directed toward the attainment of equal edu19 cational opportunity for such children.

20 ‘‘(c) REVISION OF MINIMUM ACADEMIC STAND21 ARDS.—

22 ‘‘(1) IN GENERAL.—Not later than 2 years

23 after the date of the enactment of the No Child Left

24 Behind Act of 2001, the Secretary shall—
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1 ‘‘(A) propose revisions to the minimum

2 academic standards published in the Federal

3 Register on September 9, 1995 (50 Fed. Reg.

4 174) for the basic education of Indian children

5 attending Bureau funded schools in accordance

6 with the purpose described in subsection (a)

7 and the findings of the studies and surveys con8 ducted under subsection (b);

9 ‘‘(B) publish such proposed revisions to

10 such standards in the Federal Register for the

11 purpose of receiving comments from the tribes,

12 tribal school boards, Bureau funded schools,

13 and other interested parties; and

14 ‘‘(C) consistent with the provisions of this

15 section and section 1131, take such actions as

16 are necessary to coordinate standards imple17 mented under this section with the Comprehen18 sive School Reform Plan developed by the Bu19 reau and—

20 ‘‘(i) with the standards of the im21 provement plans for the States in which

22 any school operated by the Bureau of In23 dian Affairs is located; or

24 ‘‘(ii) in the case where schools oper25 ated by the Bureau are within the bound-
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1 aries of reservation land of one tribe but

2 within the boundaries of more than one

3 State, with the standards of the State im4 provement plan of one such State selected

5 by the tribe.

6 ‘‘(2) FURTHER REVISIONS.—Not later that 6

7 months after the close of the comment period, the

8 Secretary shall establish final standards, distribute

9 such standards to all tribes and publish such final

10 standards in the Federal Register. The Secretary

11 shall revise such standards periodically as necessary.

12 Prior to any revision of such final standards, the

13 Secretary shall distribute such proposed revision to

14 all the tribes, and publish such proposed revision in

15 the Federal Register, for the purpose of receiving

16 comments from the tribes and other interested par17 ties.

18 ‘‘(3) APPLICABILITY OF STANDARDS.—Except

19 as provided in subsection (e), the final standards

20 published under paragraph (2) shall apply to all Bu21 reau funded schools not accredited under subsection

22 (f), and may also serve as a model for educational

23 programs for Indian children in public schools.

24 ‘‘(4) CONSIDERATIONS WHEN ESTABLISHING

25 AND REVISING STANDARDS.—In establishing and re-
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1 vising such standards, the Secretary shall take into

2 account the unique needs of Indian students and

3 support and reinforcement of the specific cultural

4 heritage of each tribe.

5 ‘‘(d) ALTERNATIVE OR MODIFIED STANDARDS.—The

6 Secretary shall provide alternative or modified standards

7 in lieu of the standards established under subsection (c),

8 where necessary, so that the programs of each school are

9 in compliance with the minimum accreditation standards

10 required for schools in the State or region where the school

11 is located.

12 ‘‘(e) WAIVER OF STANDARDS; ALTERNATIVE STAND13 ARDS.—A tribal governing body, or the local school board

14 so designated by the tribal governing body, shall have the

15 local authority to waive, in part or in whole, the standards

16 established under subsections (c) and (d) if such standards

17 are deemed by such body to be inappropriate. The tribal

18 governing body or designated school board shall, not later

19 than 60 days after a waiver under this subsection, submit

20 to the Secretary a proposal for alternative standards that

21 take into account the specific needs of the tribe’s children.

22 Such alternative standards shall be established by the Sec23 retary unless specifically rejected by the Secretary for

24 good cause and in writing to the affected tribes or local
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1 school board, which rejection shall be final and not subject

2 to review.

3 ‘‘(f) ACCREDITATION AND IMPLEMENTATION OF

4 STANDARDS.—

5 ‘‘(1) DEADLINE FOR MEETING STANDARDS.—

6 Not later the second academic year after publication

7 of the standards, to the extent necessary funding is

8 provided, all Bureau funded schools shall meet the

9 standards established under subsections (c) and (d)

10 or shall be accredited—

11 ‘‘(A) by a tribal accrediting body, if the ac12 creditation standards of the tribal accrediting

13 body have been accepted by formal action of the

14 tribal governing body and are equal to or ex15 ceed the accreditation standards of the State or

16 region in which the school is located;

17 ‘‘(B) by a regional accreditation agency; or

18 ‘‘(C) by State accreditation standards for

19 the State in which it is located.

20 ‘‘(2) DETERMINATION OF STANDARDS TO BE

21 APPLIED.—The accreditation type or standards ap22 plied for each school shall be determined by the

23 school board of the school, in consultation with the

24 Administrator of the school, provided that in the

25 case where the School Board and the Administrator
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1 fail to agree on the type of accreditation and stand2 ards to apply, the decision of the school board with

3 the approval of the tribal governing body shall be

4 final.

5 ‘‘(3) ASSISTANCE TO SCHOOL BOARDS.—The

6 Secretary, 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

10 that such standards, in part or in whole, be imple11 mented.

12 ‘‘(4) FISCAL CONTROL AND FUND ACCOUNTING

13 STANDARDS.—The Bureau shall, either directly or

14 through contract with an Indian organization, estab15 lish a consistent system of reporting standards for

16 fiscal control and fund accounting for all contract

17 and grant schools. Such standards shall provide data

18 comparable to those used by Bureau operated

19 schools.

20 ‘‘(g) ANNUAL PLAN FOR MEETING OF STAND21 ARDS.—Except as provided in subsections (e) and (f), the

22 Secretary shall begin to implement the standards estab23 lished under this section immediately upon the date of

24 their establishment. On an annual basis, the Secretary

25 shall submit to the appropriate committees of Congress,
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1 all Bureau funded schools, and the tribal governing bodies

2 of such schools a detailed plan to bring all Bureau schools

3 and contract or grant schools up to the level required by

4 the applicable standards established under this section.

5 Such plan shall include detailed information on the status

6 of each school’s educational program in relation to the ap7 plicable standards established under this section, specific

8 cost estimates for meeting such standards at each school

9 and specific timelines for bringing each school up to the

10 level required by such standards.

11 ‘‘(h) CLOSURE OR CONSOLIDATION OF SCHOOLS.—

12 ‘‘(1) IN GENERAL.—Except as specifically re13 quired by statute, no school or peripheral dormitory

14 operated by the Bureau on or after January 1,

15 1992, may be closed or consolidated or have its pro16 gram substantially curtailed unless done according

17 to the requirements of this subsection.

18 ‘‘(2) EXCEPTIONS.—This subsection shall not

19 apply—

20 ‘‘(A) in those cases where the tribal gov21 erning body, or the local school board concerned

22 (if so designated by the tribal governing body),

23 requests closure or consolidation; or

24 ‘‘(B) when a temporary closure, consolida25 tion, or substantial curtailment is required by
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1 plant conditions which constitute an immediate

2 hazard to health and safety.

3 ‘‘(3) REGULATIONS.—The Secretary shall, by

4 regulation, promulgate standards and procedures for

5 the closure, transfer to another authority, consolida6 tion, or substantial curtailment of Bureau schools, in

7 accordance with the requirements of this subsection.

8 ‘‘(4) NOTICE.—Whenever closure, transfer to

9 another authority, consolidation, or substantial cur10 tailment of a school is under active consideration or

11 review by any division of the Bureau or the Depart12 ment of the Interior, the affected tribe, tribal gov13 erning body, and designated local school board, will

14 be notified immediately, kept fully and currently in15 formed, and afforded an opportunity to comment

16 with respect to such consideration or review. When

17 a formal decision is made to close, transfer to an18 other authority, consolidate, or substantially curtail

19 a school, the affected tribe, tribal governing body,

20 and designated school board shall be notified at least

21 6 months prior to the end of the school year pre22 ceding the proposed closure date. Copies of any such

23 notices and information shall be transmitted prompt24 ly to the appropriate committees of Congress and

25 published in the Federal Register.
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1 ‘‘(5) REPORT.—The Secretary shall make a re2 port to the appropriate committees of Congress, the

3 affected tribe, and the designated school board de4 scribing the process of the active consideration or re5 view referred to in paragraph (4). The report shall

6 include a study of the impact of such action on the

7 student population, identify those students with par8 ticular educational and social needs, and ensure that

9 alternative services are available to such students.

10 Such report shall include the description of the con11 sultation conducted between the potential service

12 provider, current service provider, parents, tribal

13 representatives and the tribe or tribes involved, and

14 the Director of the Office of Indian Education Pro15 grams within the Bureau regarding such students.

16 ‘‘(6) LIMITATION ON CERTAIN ACTIONS.—No

17 irrevocable action may be taken in furtherance of

18 any such proposed school closure, transfer to an19 other authority, consolidation, or substantial curtail20 ment (including any action which would prejudice

21 the personnel or programs of such school) prior to

22 the end of the first full academic year after such re23 port is made.

24 ‘‘(7) TRIBAL GOVERNING BODY APPROVAL RE25 QUIRED FOR CERTAIN ACTIONS.—The Secretary may
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1 terminate, contract, transfer to any other authority,

2 consolidate, or substantially curtail the operation or

3 facilities of—

4 ‘‘(A) any Bureau funded school that is op5 erated on or after of January 1, 1999;

6 ‘‘(B) any program of such a school that is

7 operated on or after January 1, 1999; or

8 ‘‘(C) any school board of a school operated

9 under a grant under the Tribally Controlled

10 Schools Act of 1988,

11 only if the tribal governing body approves such ac12 tion.

13 ‘‘(i) APPLICATION FOR CONTRACTS OR GRANTS FOR

14 NON-BUREAU FUNDED SCHOOLS OR EXPANSION OF BU15 REAU FUNDED SCHOOLS.—

16 ‘‘(1) IN GENERAL.—(A)(i) The Secretary shall

17 only consider the factors described in subparagraph

18 (B) in reviewing—

19 ‘‘(I) applications from any tribe for the

20 awarding of a contract or grant for a school

21 that is not a Bureau funded school; and

22 ‘‘(II) applications from any tribe or school

23 board of any Bureau funded school for—

24 ‘‘(aa) a school which is not a Bureau

25 funded school; or
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1 ‘‘(bb) the expansion of a Bureau

2 funded school which would increase the

3 amount of funds received by the Indian

4 tribe or 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

8 (B), but no such application shall be denied based

9 primarily upon the geographic proximity of com10 parable public education.

11 ‘‘(B) With respect to applications described in

12 subparagraph (A) the Secretary shall consider the

13 following factors relating to the program and serv14 ices that are the subject of the application:

15 ‘‘(i) The adequacy of the facilities or the

16 potential to obtain or provide adequate facili17 ties.

18 ‘‘(ii) Geographic and demographic factors

19 in the affected areas.

20 ‘‘(iii) The adequacy of the applicant’s pro21 gram plans or, in the case of a Bureau funded

22 school, of projected needs analysis done either

23 by the tribe or the Bureau.

24 ‘‘(iv) Geographic proximity of comparable

25 public education.
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1 ‘‘(v) The stated needs of all affected par2 ties, including students, families, tribal govern3 ments at both the central and local levels, and

4 school organizations.

5 ‘‘(vi) Adequacy and comparability of pro6 grams already available.

7 ‘‘(vii) Consistency of available programs

8 with tribal educational codes or tribal legisla9 tion on education.

10 ‘‘(viii) The history and success of these

11 services for the proposed population to be

12 served, as determined from all factors, including

13 but not limited to standardized examination

14 performance.

15 ‘‘(2) DETERMINATION ON APPLICATION.—(A)

16 The Secretary shall make a determination of wheth17 er to approve any application described in paragraph

18 (1)(A) not later than 180 days after such applica19 tion 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,

22 under the same rules and regulations pertaining

23 to the Indian Self-Determination and Education

24 Assistance Act and an opportunity to appeal

25 the 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 ex18 pansion of grades and related facilities at a Bureau

19 funded school where such expansion and the mainte20 nance of such expansion is occasioned or paid for

21 with non-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 Edu25 cation or any other Federal agency for the purpose of pro-
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1 viding education or related services may be used for

2 schoolwide projects to improve the educational program

3 for all Indian 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 oper9 ated by Bureau funded schools, taking into account unique

10 circumstances applicable to Bureau funded schools, as well

11 as expenditures for comparable purposes in public schools

12 nationally. Upon completion of the study, the Secretary

13 of the Interior shall take such action as necessary to en14 sure distribution of the findings of the study to all affected

15 Indian tribes, local school boards, and associations of local

16 school 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 na22 tional standards for home-living (dormitory) situations to

23 include such factors as heating, lighting, cooling, adult24 child ratios, needs for counselors (including special needs

25 related to off-reservation home-living (dormitory) situa-
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1 tions), therapeutic programs, space, and privacy. Such

2 standards shall be implemented in Bureau operated

3 schools, and shall serve as minimum standards for con4 tract or grant schools. Once established, any revisions of

5 such standards shall be developed according to the re6 quirements established under section 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 sub11 mission for Bureau educational services is presented, the

12 Secretary shall submit to the appropriate committees of

13 Congress, the tribes, and the affected schools, and publish

14 in the Federal Register, a detailed plan to bring all Bu15 reau funded schools that provide home-living (dormitory)

16 situations up to the standards established under this sec17 tion. Such plan shall include a statement of the relative

18 needs of each Bureau funded home-living (dormitory)

19 school, projected future needs of each Bureau funded

20 home-living (dormitory) school, detailed information on

21 the status of each school in relation to the standards es22 tablished under this section, specific cost estimates for

23 meeting each standard for each such school, aggregate

24 cost estimates for bringing all such schools into compli25 ance with the criteria established under this section, and
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1 specific timelines for bringing each school into compliance

2 with such standards.

3 ‘‘(d) WAIVER.—The criteria established under this

4 section may be waived in the same manner as the stand5 ards 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 Janu8 ary 1, 1987 (regardless of compliance or noncompliance

9 with the criteria established under this section), may be

10 closed, transferred to another authority, consolidated, or

11 have its program substantially curtailed for failure to meet

12 the criteria.

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

16 the Code of Federal Regulations, as in effect on January

17 1, 1987, are incorporated into this Act and shall be treat18 ed as though such provisions are set forth in this sub19 section. Such provisions may be altered only by means of

20 an Act of Congress. To the extent that such provisions

21 of part 32 do not conform with this Act or any statutory

22 provision of law enacted before November 1, 1978, the

23 provisions of this Act and the provisions of such other

24 statutory law shall 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 Sec8 retary shall establish, by regulation, separate geographical

9 attendance areas for each Bureau funded school.

10 ‘‘(b) ESTABLISHMENT BY TRIBAL BODY.—In any

11 case where there is more than one Bureau funded school

12 located on an Indian reservation, at the direction of the

13 tribal governing body, the relevant school boards of the

14 Bureau funded schools on the reservation may, by mutual

15 consent, establish the relevant attendance areas for such

16 schools, subject to the approval of the tribal governing

17 body. Any such boundaries so established shall be accepted

18 by the Secretary.

19 ‘‘(c) BOUNDARY REVISIONS.—

20 ‘‘(1) IN GENERAL.—On or after July 1, 2001,

21 no geographical attendance area shall be revised or

22 established with respect to any Bureau funded

23 school unless the tribal governing body or the local

24 school board concerned (if so designated by the trib25 al governing 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

3 attendance 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 con10 sultation with the affected tribe or tribes, that such

11 revised boundaries do not reflect the needs of the In12 dian students to be served or do not provide ade13 quate stability to all of the affected programs. The

14 Secretary shall cause such revisions to be published

15 in the Federal Register.

16 ‘‘(2) TRIBAL RESOLUTION DETERMINATION.—

17 Nothing in this section shall be interpreted as deny18 ing 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 eligi25 ble Indian student attending the school solely because that
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1 student’s home or domicile is outside of the geographical

2 attendance area established for that school under this sec3 tion. No funding shall be made available without tribal au4 thorization to enable a school to provide transportation for

5 any student to or from the school and a location outside

6 the approved attendance area of the school.

7 ‘‘(e) RESERVATION AS BOUNDARY.—In any case

8 where there is only one Bureau funded program located

9 on an Indian reservation, the attendance area for the pro10 gram shall be the boundaries (established by treaty, agree11 ment, legislation, court decisions, or executive decisions

12 and as accepted by the tribe) of the reservation served,

13 and those students residing near the reservation shall also

14 receive services from such program.

15 ‘‘(f) OFF-RESERVATION HOME-LIVING (DORMITORY)

16 SCHOOLS.—Notwithstanding any geographical attendance

17 areas, attendance at off-reservation home-living (dor18 mitory) schools shall include students requiring special

19 emphasis programs to be implemented at each off-reserva20 tion home-living (dormitory) school. Such attendance shall

21 be coordinated between education line officers, the family,

22 and the referring and receiving programs.

23 ‘‘SEC. 1125. FACILITIES CONSTRUCTION.

24 ‘‘(a) COMPLIANCE WITH HEALTH AND SAFETY

25 STANDARDS.—The Secretary shall immediately begin to
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1 bring all schools, dormitories, and other Indian education2 related facilities operated by the Bureau or under contract

3 or grant with the Bureau into compliance with all applica4 ble tribal, Federal, or State health and safety standards,

5 whichever provides greater protection (except that the

6 tribal standards to be applied shall be no greater than any

7 otherwise applicable Federal or State standards), with sec8 tion 504 of the Rehabilitation Act of 1973, and with the

9 Americans with Disabilities Act of 1990. Nothing in this

10 section shall require termination of the operations of any

11 facility which does not comply with such provisions and

12 which is in use on the date of the enactment of the No

13 Child Left Behind Act of 2001.

14 ‘‘(b) COMPLIANCE PLAN.—At the time that the an15 nual budget request for Bureau educational services is

16 presented, the Secretary shall submit to the appropriate

17 committees of Congress a detailed plan to bring all facili18 ties covered under subsection (a) of this section into com19 pliance with the standards referred to in subsection (a).

20 Such plan shall include detailed information on the status

21 of each facility’s compliance with such standards, specific

22 cost estimates for meeting such standards at each school,

23 and specific timelines for bringing each school into compli24 ance with 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

3 appropriate committees of Congress and cause to be

4 published in the Federal Register, the system used

5 to establish priorities for replacement and construc6 tion projects for Bureau funded schools and home7 living schools, including boarding schools and dor8 mitories. At the time any budget request for edu9 cation is presented, the Secretary shall publish in

10 the Federal Register and submit with the budget re11 quest the current list of all Bureau funded school

12 construction priorities.

13 ‘‘(2) LONG-TERM CONSTRUCTION AND RE14 PLACEMENT LIST.—In addition to the plan sub15 mitted under subsection (b), the Secretary shall—

16 ‘‘(A) not later than 18 months after the

17 date of the enactment of the No Child Left Be18 hind Act of 2001, establish a long-term con19 struction and replacement list for all Bureau

20 funded schools;

21 ‘‘(B) using the list prepared under sub22 paragraph (A), propose a list for the orderly re23 placement of all Bureau funded education-re24 lated facilities over a period of 40 years to en-
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1 able planning and scheduling of budget re2 quests;

3 ‘‘(C) cause the list prepared under sub4 section (B) to be published in the Federal Reg5 ister and allow a period of not less than 120

6 days for public comment;

7 ‘‘(D) make such revisions to the list pre8 pared under subparagraph (B) as are appro9 priate based on the comments received; and

10 ‘‘(E) cause the final list to be published in

11 the Federal Register.

12 ‘‘(3) EFFECT ON OTHER LIST.—Nothing in this

13 section shall be construed as interfering with or

14 changing in any way the construction priority list as

15 it exists on the date of the enactment of the No

16 Child Left Behind Act of 2001.

17 ‘‘(d) HAZARDOUS CONDITION AT BUREAU

18 SCHOOL.—

19 ‘‘(1) CLOSURE OR CONSOLIDATION.—A Bureau

20 funded school may be closed or consolidated, and the

21 programs of a Bureau funded school may be sub22 stantially curtailed by reason of plant conditions

23 that constitute an immediate hazard to health and

24 safety only if a health and safety officer of the Bu-
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1 reau determines that such conditions exist at the

2 Bureau funded school.

3 ‘‘(2) INSPECTION.—(A) After making a deter4 mination described in paragraph (1), the Bureau

5 health and safety officer shall conduct an inspection

6 of the condition of such plant accompanied by an ap7 propriate tribal, county, municipal, or State health

8 and safety officer in order to determine whether con9 ditions at such plant constitute an immediate hazard

10 to health and safety. Such inspection shall be com11 pleted by not later than the date that is 30 days

12 after the date on which the action described in para13 graph (1) is taken. No further negative action may

14 be taken unless the findings are concurred in by the

15 second, non-Bureau of Indian Affairs inspector.

16 ‘‘(B) If the health and safety officer conducting

17 the inspection of a plant required under subpara18 graph (A) determines that conditions at the plant do

19 not constitute an immediate hazard to health and

20 safety, any consolidation or curtailment that was

21 made under paragraph (1) shall immediately cease

22 and any school closed by reason of conditions at the

23 plant shall be reopened immediately.

24 ‘‘(C) If a Bureau funded school is temporarily

25 closed or consolidated or the programs of a Bureau
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1 funded school are substantially curtailed under this

2 subsection and the Secretary determines that the

3 closure, consolidation, or curtailment will exceed 1

4 year, the Secretary shall submit to the Congress, by

5 not later than 6 months after the date on which the

6 closure, consolidation, or curtailment was initiated, a

7 report which sets forth the reasons for such tem8 porary actions, the actions the Secretary is taking to

9 eliminate the conditions that constitute the hazard,

10 and an estimated date by which such actions will be

11 concluded.

12 ‘‘(e) FUNDING REQUIREMENT.—

13 ‘‘(1) DISTRIBUTION OF FUNDS.—Beginning

14 with the fiscal year following the year of the date of

15 the enactment of the No Child Left Behind Act of

16 2001, all funds appropriated for the operations and

17 maintenance of Bureau funded schools shall be dis18 tributed by formula to the schools. No funds from

19 this account may be retained or segregated by the

20 Bureau to pay for administrative or other costs of

21 any facilities branch or office, at any level of the Bu22 reau.

23 ‘‘(2) REQUIREMENTS FOR CERTAIN USES.—No

24 funds shall be withheld from the distribution to the

25 budget of any school operated under contract or
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1 grant by the Bureau for maintenance or any other

2 facilities or road related purpose, unless such school

3 has consented, as a modification to the contract or

4 in writing for grants schools, to the withholding of

5 such funds, including the amount thereof, the pur6 pose for which the funds will be used, and the

7 timeline for the services to be provided. The school

8 may, at the end of any fiscal year, cancel an agree9 ment under this paragraph upon giving the Bureau

10 30 days notice of its intent to do so.

11 ‘‘(f) NO REDUCTION IN FEDERAL FUNDING.—Noth12 ing in this section shall be construed to diminish any Fed13 eral funding due to the receipt by the school of funding

14 for facilities improvement or construction from a State or

15 any other source.

16 ‘‘SEC. 1126. BUREAU OF INDIAN AFFAIRS EDUCATION FUNC17 TIONS.

18 ‘‘(a) FORMULATION AND ESTABLISHMENT OF POL19 ICY AND PROCEDURE; SUPERVISION OF PROGRAMS AND

20 EXPENDITURES.—The Secretary shall vest in the Assist21 ant Secretary for Indian Affairs all functions with respect

22 to formulation and establishment of policy and procedure

23 and supervision of programs and expenditures of Federal

24 funds for the purpose of Indian education administered

25 by the Bureau. The Assistant Secretary shall carry out
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1 such functions through the Director of the Office of Indian

2 Education Programs.

3 ‘‘(b) DIRECTION AND SUPERVISION OF PERSONNEL

4 OPERATIONS.—Not later than 6 months after the date of

5 the enactment of the No Child Left Behind Act of 2001,

6 the Director of the Office of Indian Education Programs

7 shall direct and supervise the operations of all personnel

8 directly and substantially involved in the provision of edu9 cation services by the Bureau, including school or institu10 tion custodial or maintenance personnel, facilities manage11 ment, contracting, procurement, and finance personnel.

12 The Assistant Secretary for Indian Affairs shall coordi13 nate the transfer of functions relating to procurement,

14 contracts, operation, and maintenance of schools and

15 other support functions to the Director.

16 ‘‘(c) EVALUATION OF PROGRAMS; SERVICES AND

17 SUPPORT FUNCTIONS; TECHNICAL AND COORDINATING

18 ASSISTANCE.—Education personnel who are under the di19 rection and supervision of the Director of the Office of

20 Indian Education Programs in accordance with the first

21 sentence of subsection (b) shall—

22 ‘‘(1) monitor and evaluate Bureau education

23 programs;
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1 ‘‘(2) provide all services and support functions

2 for education programs with respect to personnel

3 matters involving staffing actions and functions; and

4 ‘‘(3) provide technical and coordinating assist5 ance in areas such as procurement, contracting,

6 budgeting, personnel, curriculum, and operation and

7 maintenance of school facilities.

8 ‘‘(d) CONSTRUCTION, IMPROVEMENT, OPERATION,

9 AND MAINTENANCE OF FACILITIES.—

10 ‘‘(1) PLAN FOR CONSTRUCTION.—The Assistant

11 Secretary shall submit in the annual budget a

12 plan—

13 ‘‘(A) for school facilities to be constructed

14 under section 1125(c);

15 ‘‘(B) for establishing priorities among

16 projects and for the improvement and repair of

17 educational facilities, which together shall form

18 the basis for the distribution of appropriated

19 funds; and

20 ‘‘(C) for capital improvements to be made

21 over the five succeeding years.

22 ‘‘(2) PROGRAM FOR OPERATION AND MAINTE23 NANCE.—

24 ‘‘(A) ESTABLISHMENT.—The Assistant

25 Secretary shall establish a program, including
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1 the distribution of appropriated funds, for the

2 operation and maintenance of education facili3 ties. Such program shall include—

4 ‘‘(i) a method of computing the

5 amount necessary for each educational fa6 cility;

7 ‘‘(ii) similar treatment of all Bureau

8 funded schools;

9 ‘‘(iii) a notice of an allocation of ap10 propriated funds from the Director of the

11 Office of Indian Education Programs di12 rectly to the education line officers and ap13 propriate school officials;

14 ‘‘(iv) a method for determining the

15 need for, and priority of, facilities repair

16 and maintenance projects, both major and

17 minor. In making such determination, the

18 Assistant Secretary shall cause to be con19 ducted a series of meetings at the agency

20 and area level with representatives of the

21 Bureau funded schools in those areas and

22 agencies to receive comment on the lists

23 and prioritization of such projects; and

24 ‘‘(v) a system for the conduct of rou25 tine preventive maintenance.
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1 ‘‘(B) LOCAL SUPERVISORS.—The appro2 priate education line officers shall make ar3 rangements for the maintenance of education

4 facilities with the local supervisors of the Bu5 reau maintenance personnel. The local super6 visors of Bureau maintenance personnel shall

7 take appropriate action to implement the deci8 sions made by the appropriate education line of9 ficers, except that no funds under this chapter

10 may be authorized for expenditure unless such

11 appropriate education line officer is assured

12 that the necessary maintenance has been, or

13 will be, provided in a reasonable manner.

14 ‘‘(3) IMPLEMENTATION.—The requirements of

15 this subsection shall be implemented as soon as

16 practicable after the date of the enactment of the No

17 Child Left Behind Act of 2001.

18 ‘‘(e) ACCEPTANCE OF GIFTS AND BEQUESTS.—Not19 withstanding any other provision of law, the Director shall

20 promulgate guidelines for the establishment of mecha21 nisms for the acceptance of gifts and bequests for the use

22 and benefit of particular schools or designated Bureau op23 erated education programs, including, where appropriate,

24 the establishment and administration of trust funds.

25 When a Bureau operated program is the beneficiary of
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1 such a gift or bequest, the Director shall make provisions

2 for monitoring its use and shall report to the appropriate

3 committees of Congress the amount and terms of such gift

4 or bequest, the manner in which such gift or bequest shall

5 be used, and any results achieved by such action.

6 ‘‘(f) FUNCTIONS CLARIFIED.—For the purpose of

7 this section, the term ‘functions’ includes powers and du8 ties.

9 ‘‘SEC. 1127. ALLOTMENT FORMULA.

10 ‘‘(a) FACTORS CONSIDERED; REVISION TO REFLECT

11 STANDARDS.—

12 ‘‘(1) FORMULA.—The Secretary shall establish,

13 by regulation adopted in accordance with section

14 1138A, a formula for determining the minimum an15 nual amount of funds necessary to sustain each Bu16 reau funded school. In establishing such formula,

17 the Secretary shall consider—

18 ‘‘(A) the number of eligible Indian stu19 dents served and total student population of the

20 school;

21 ‘‘(B) special cost factors, such as—

22 ‘‘(i) the isolation of the school;

23 ‘‘(ii) the need for special staffing,

24 transportation, or educational programs;

25 ‘‘(iii) food and housing costs;
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1 ‘‘(iv) maintenance and repair costs as2 sociated with the physical condition of the

3 educational facilities;

4 ‘‘(v) special transportation and other

5 costs of isolated and small schools;

6 ‘‘(vi) the costs of home-living (dor7 mitory) arrangements, where determined

8 necessary by a tribal governing body or

9 designated school board;

10 ‘‘(vii) costs associated with greater

11 lengths of service by education personnel;

12 ‘‘(viii) the costs of therapeutic pro13 grams for students requiring such pro14 grams; and

15 ‘‘(ix) special costs for gifted and tal16 ented students;

17 ‘‘(C) the cost of providing academic serv18 ices which are at least equivalent to those pro19 vided by public schools in the State in which

20 the school is located; and

21 ‘‘(D) such other relevant factors as the

22 Secretary determines are appropriate.

23 ‘‘(2) REVISION OF FORMULA.—Upon the estab24 lishment of the standards required in sections 1121

25 and 1122, the Secretary shall revise the formula es-
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1 tablished under this subsection to reflect the cost of

2 funding such standards. Not later than January 1,

3 2003, the Secretary shall review the formula estab4 lished under this section and shall take such steps

5 as are necessary to increase the availability of coun6 seling and therapeutic programs for students in off7 reservation home-living (dormitory) schools and

8 other Bureau operated residential facilities. Concur9 rent with such action, the Secretary shall review the

10 standards established under section 1122 to be cer11 tain that adequate provision is made for parental no12 tification regarding, and consent for, such counseling

13 and therapeutic programs.

14 ‘‘(b) PRO RATA ALLOTMENT.—Notwithstanding any

15 other provision of law, Federal funds appropriated for the

16 general local operation of Bureau funded schools shall be

17 allotted pro rata in accordance with the formula estab18 lished under subsection (a).

19 ‘‘(c) ANNUAL ADJUSTMENT; RESERVATION OF

20 AMOUNT FOR SCHOOL BOARD ACTIVITIES.—

21 ‘‘(1) ANNUAL ADJUSTMENT.—For fiscal year

22 2003, and for each subsequent fiscal year, the Sec23 retary shall adjust the formula established under

24 subsection (a) to ensure that the formula does the

25 following:
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1 ‘‘(A) Uses a weighted unit of 1.2 for each

2 eligible Indian student enrolled in the seventh

3 and eighth grades of the school in considering

4 the number of eligible Indian students served

5 by the school.

6 ‘‘(B) Considers a school with an enroll7 ment of less than 50 eligible Indian students as

8 having an average daily attendance of 50 eligi9 ble Indian students for purposes of imple10 menting the adjustment factor for small

11 schools.

12 ‘‘(C) Takes into account the provision of

13 residential services on less than a 9-month basis

14 at a school when the school board and super15 visor of the school determine that a less than

16 9-month basis will be implemented for the

17 school year involved.

18 ‘‘(D) Uses a weighted unit of 2.0 for each

19 eligible Indian student that—

20 ‘‘(i) is gifted and talented; and

21 ‘‘(ii) is enrolled in the school on a full22 time basis,

23 in considering the number of eligible Indian

24 students served by the school.
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1 ‘‘(E) Uses a weighted unit of 0.25 for each

2 eligible Indian student who is enrolled in a

3 yearlong credit course in an Indian or Native

4 language as part of the regular curriculum of a

5 school, in considering the number of eligible In6 dian students served by such school. The ad7 justment required under this subparagraph

8 shall be used for such school after—

9 ‘‘(i) the certification of the Indian or

10 Native language curriculum by the school

11 board of such school to the Secretary, to12 gether with an estimate of the number of

13 full-time students expected to be enrolled

14 in the curriculum in the second school year

15 for which the certification is made; and

16 (ii) the funds appropriated for allot17 ment under this section are designated by

18 the appropriations Act appropriating such

19 funds as the amount necessary to imple20 ment such adjustment at such school with21 out reducing allotments made under this

22 section to any school by virtue of such ad23 justment.

24 ‘‘(2) RESERVATION OF AMOUNT.—
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1 ‘‘(A) IN GENERAL.—From the funds allot2 ted in accordance with the formula established

3 under subsection (a) for each Bureau school,

4 the local school board of such school may re5 serve an amount which does not exceed the

6 greater of—

7 ‘‘(i) $8,000; or

8 ‘‘(ii) the lesser of—

9 ‘‘(I) $15,000; or

10 ‘‘(II) 1 percent of such allotted

11 funds,

12 for school board activities for such school, in13 cluding (notwithstanding any other provision of

14 law) meeting expenses and the cost of member15 ship in, and support of, organizations engaged

16 in activities on behalf of Indian education.

17 ‘‘(B) TRAINING.—Each school board shall

18 see that each new member of the school board

19 receives, within 12 months of the individual’s

20 assuming a position on the school board, 40

21 hours of training relevant to that individual’s

22 service on the board. Such training may include

23 legal issues pertaining to schools funded by the

24 Bureau, legal issues pertaining to school
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1 boards, ethics, and other topics deemed appro2 priate by the school board.

3 ‘‘(d) RESERVATION OF AMOUNT FOR EMER4 GENCIES.—The Secretary shall reserve from the funds

5 available for distribution for each fiscal year under this

6 section an amount which, in the aggregate, shall equal 1

7 percent of the funds available for such purpose for that

8 fiscal year. Such funds shall be used, at the discretion of

9 the Director of the Office of Indian Education Programs,

10 to meet emergencies and unforeseen contingencies affect11 ing the education programs funded under this section.

12 Funds reserved under this subsection may only be ex13 pended for education services or programs, including

14 emergency repairs of educational facilities, at a schoolsite

15 (as defined by section 5204(c)(2) of the Tribally Con16 trolled Schools Act of 1988). Funds reserved under this

17 subsection shall remain available without fiscal year limi18 tation until expended. However, the aggregate amount

19 available from all fiscal years may not exceed 1 percent

20 of the current year funds. Whenever, the Secretary makes

21 funds available under this subsection, the Secretary shall

22 report such action to the appropriate committees of Con23 gress within the annual budget submission.

24 ‘‘(e) SUPPLEMENTAL APPROPRIATIONS.—Supple25 mental appropriations enacted to meet increased pay costs
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1 attributable to school level personnel shall be distributed

2 under this section.

3 ‘‘(f) ELIGIBLE INDIAN STUDENT DEFINED.—For the

4 purpose of this section, the term ‘eligible Indian student’

5 means a student who—

6 ‘‘(1) is a member of or is at least one-fourth de7 gree Indian blood descendant of a member of an In8 dian tribe which is eligible for the special programs

9 and services provided by the United States through

10 the Bureau because of their status as Indians; and

11 ‘‘(2) resides on or near an Indian reservation or

12 meets the criteria for attendance at a Bureau off13 reservation home-living (dormitory) school.

14 ‘‘(g) TUITION.—

15 ‘‘(1) IN GENERAL.—An eligible Indian student

16 may not be charged tuition for attendance at a Bu17 reau school or contract or grant school. A student

18 attending a Bureau school under paragraph (2)(C)

19 may not be charged tuition for attendance at such

20 a school.

21 ‘‘(2) ATTENDANCE OF NON-INDIAN STUDENTS

22 AT BUREAU SCHOOLS.—The Secretary may permit

23 the attendance at a Bureau school of a student who

24 is not an eligible Indian student if—
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1 ‘‘(A) the Secretary determines that the

2 student’s attendance will not adversely affect

3 the school’s program for eligible Indian stu4 dents because of cost, overcrowding, or violation

5 of standards or accreditation;

6 ‘‘(B) the school board consents;

7 ‘‘(C) the student is a dependent of a Bu8 reau, Indian Health Service, or tribal govern9 ment employee who lives on or near the

10 schoolsite; or

11 ‘‘(D) a tuition is paid for the student that

12 is not more than that charged by the nearest

13 public school district for out-of-district stu14 dents, and shall be in addition to the school’s

15 allocation under this section.

16 ‘‘(3) ATTENDANCE OF NON-INDIAN STUDENTS

17 AT CONTRACT AND GRANT SCHOOLS.—The school

18 board of a contract or grant school may permit stu19 dents who are not eligible Indian students under this

20 subsection to attend its contract school or grant

21 school and any tuition collected for those students

22 shall be in addition to funding received under this

23 section.

24 ‘‘(h) FUNDS AVAILABLE WITHOUT FISCAL YEAR

25 LIMITATION.—Notwithstanding any other provision of
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1 law, at the election of the school board of a Bureau school

2 made at any time during the fiscal year, a portion equal

3 to not more than 15 percent of the funds allocated with

4 respect to a school under this section for any fiscal year

5 shall remain available to the school for expenditure with6 out fiscal year limitation. The Assistant Secretary shall

7 take steps as may be necessary to implement this provi8 sion.

9 ‘‘(i) STUDENTS AT RICHFIELD DORMITORY, RICH10 FIELD, UTAH.—Tuition for out-of-State Indian students

11 in home-living (dormitory) arrangements at the Richfield

12 dormitory in Richfield, Utah, who attend Sevier County

13 high schools in Richfield, Utah, shall be paid from the In14 dian school equalization program funds authorized in this

15 section and section 1130 at a rate not to exceed the

16 amounts per weighted student unit for that year for the

17 instruction of such students. No additional administrative

18 cost funds shall be added to the grant.

19 ‘‘SEC. 1128. ADMINISTRATIVE COST GRANTS.

20 ‘‘(a) GRANTS; EFFECT UPON APPROPRIATED

21 AMOUNTS.—

22 ‘‘(1) GRANTS.—Subject to the availability of

23 appropriated funds, the Secretary shall provide

24 grants to each tribe or tribal organization operating

25 a contract school or grant school in the amount de-
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1 termined under this section with respect to the tribe

2 or tribal organization for the purpose of paying the

3 administrative and indirect costs incurred in oper4 ating contract or grant schools, provided that no

5 school operated as a stand-alone institution shall re6 ceive less than $200,000 per year for these pur7 poses, in order to—

8 ‘‘(A) enable tribes and tribal organizations

9 operating such schools, without reducing direct

10 program services to the beneficiaries of the pro11 gram, to provide all related administrative over12 head services and operations necessary to meet

13 the requirements of law and prudent manage14 ment practice; and

15 ‘‘(B) carry out other necessary support

16 functions which would otherwise be provided by

17 the Secretary or other Federal officers or em18 ployees, from resources other than direct pro19 gram funds, in support of comparable Bureau

20 operated programs.

21 ‘‘(2) EFFECT UPON APPROPRIATED

22 AMOUNTS.—Amounts appropriated to fund the

23 grants provided under this section shall be in addi24 tion to, and shall not reduce, the amounts appro-
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1 priated for the program being administered by the

2 contract or grant school.

3 ‘‘(b) DETERMINATION OF GRANT AMOUNT.—

4 ‘‘(1) IN GENERAL.—The amount of the grant

5 provided to each tribe or tribal organization under

6 this section for each fiscal year shall be determined

7 by applying the administrative cost percentage rate

8 of the tribe or tribal organization to the aggregate

9 of the Bureau elementary and secondary functions

10 operated by the tribe or tribal organization for which

11 funds are received from or through the Bureau. The

12 administrative cost percentage rate determined

13 under subsection (c) does not apply to other pro14 grams operated by the tribe or tribal organization.

15 ‘‘(2) DIRECT COST BASE FUNDS.—The Sec16 retary shall—

17 ‘‘(A) reduce the amount of the grant deter18 mined under paragraph (1) to the extent that

19 payments for administrative costs are actually

20 received by an Indian tribe or tribal organiza21 tion under any Federal education program in22 cluded in the direct cost base of the tribe or

23 tribal organization; and

24 ‘‘(B) take such actions as may be nec25 essary to be reimbursed by any other depart-
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1 ment or agency of the Federal Government for

2 the portion of grants made under this section

3 for the costs of administering any program for

4 Indians that is funded by appropriations made

5 to such other department or agency.

6 ‘‘(c) ADMINISTRATIVE COST PERCENTAGE RATE.—

7 ‘‘(1) IN GENERAL.—For purposes of this sec8 tion, the administrative cost percentage rate for a

9 contract or grant school for a fiscal year is equal to

10 the percentage determined by dividing—

11 ‘‘(A) the sum of—

12 ‘‘(i) the amount equal to—

13 ‘‘(I) the direct cost base of the

14 tribe or tribal organization for the fis15 cal year, multiplied by

16 ‘‘(II) the minimum base rate;

17 plus

18 ‘‘(ii) the amount equal to—

19 ‘‘(I) the standard direct cost

20 base; multiplied by

21 ‘‘(II) the maximum base rate; by

22 ‘‘(B) the sum of—

23 ‘‘(i) the direct cost base of the tribe or

24 tribal organization for the fiscal year; plus

25 ‘‘(ii) the standard direct cost base.
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1 ‘‘(2) ROUNDING.—The administrative cost percentage rate shall be determined to the 1 2 ⁄100 of a

3 decimal point.

4 ‘‘(d) COMBINING FUNDS.—

5 ‘‘(1) IN GENERAL.—Funds received by a tribe

6 or contract or grant school as grants under this sec7 tion for tribal elementary or secondary educational

8 programs may be combined by the tribe or contract

9 or grant school into a single administrative cost ac10 count without the necessity of maintaining separate

11 funding source accounting.

12 ‘‘(2) INDIRECT COST FUNDS.—Indirect cost

13 funds for programs at the school which share com14 mon administrative services with tribal elementary

15 or secondary educational programs may be included

16 in the administrative cost account described in para17 graph (1).

18 ‘‘(e) AVAILABILITY OF FUNDS.—Funds received as

19 grants under this section with respect to tribal elementary

20 or secondary education programs shall remain available to

21 the contract or grant school without fiscal year limitation

22 and without diminishing the amount of any grants other23 wise payable to the school under this section for any fiscal

24 year beginning after the fiscal year for which the grant

25 is provided.
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1 ‘‘(f) TREATMENT OF FUNDS.—Funds received as

2 grants under this section for Bureau funded programs op3 erated by a tribe or tribal organization under a contract

4 or agreement shall not be taken into consideration for pur5 poses of indirect cost underrecovery and overrecovery de6 terminations by any Federal agency for any other funds,

7 from whatever source derived.

8 ‘‘(g) TREATMENT OF ENTITY OPERATING OTHER

9 PROGRAMS.—In applying this section and section 105 of

10 the Indian Self-Determination and Education Assistance

11 Act with respect to an Indian tribe or tribal organization

12 that—

13 ‘‘(1) receives funds under this section for ad14 ministrative costs incurred in operating a contract or

15 grant school or a school operated under the Tribally

16 Controlled Schools Act of 1988; and

17 ‘‘(2) operates one or more other programs

18 under a contract or grant provided under the Indian

19 Self-Determination and Education Assistance Act,

20 the Secretary shall ensure that the Indian tribe or tribal

21 organization is provided with the full amount of the ad22 ministrative costs that are associated with operating the

23 contract or grant school, and of the indirect costs, that

24 are associated with all of such other programs, provided

25 that funds appropriated for implementation of this section
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1 shall be used only to supply the amount of the grant re2 quired to be provided by this section.

3 ‘‘(h) DEFINITIONS.—For purposes of this section:

4 ‘‘(1) ADMINISTRATIVE COST.—(A) The term

5 ‘administrative cost’ means the costs of necessary

6 administrative functions which—

7 ‘‘(i) the tribe or tribal organization incurs

8 as a result of operating a tribal elementary or

9 secondary educational program;

10 ‘‘(ii) are not customarily paid by com11 parable Bureau operated programs out of direct

12 program funds; and

13 ‘‘(iii) are either—

14 ‘‘(I) normally provided for comparable

15 Bureau programs by Federal officials

16 using resources other than Bureau direct

17 program funds; or

18 ‘‘(II) are otherwise required of tribal

19 self-determination program operators by

20 law or prudent management practice.

21 ‘‘(B) The term ‘administrative cost’ may

22 include—

23 ‘‘(i) contract or grant (or other agreement)

24 administration;
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1 ‘‘(ii) executive, policy, and corporate lead2 ership and decisionmaking;

3 ‘‘(iii) program planning, development, and

4 management;

5 ‘‘(iv) fiscal, personnel, property, and pro6 curement management;

7 ‘‘(v) related office services and record

8 keeping; and

9 ‘‘(vi) costs of necessary insurance, audit10 ing, legal, safety and security services.

11 ‘‘(2) BUREAU ELEMENTARY AND SECONDARY

12 FUNCTIONS.—The term ‘Bureau elementary and sec13 ondary functions’ means—

14 ‘‘(A) all functions funded at Bureau

15 schools by the Office;

16 ‘‘(B) all programs—

17 ‘‘(i) funds for which are appropriated

18 to other agencies of the Federal Govern19 ment; and

20 ‘‘(ii) which are administered for the

21 benefit of Indians through Bureau schools;

22 and

23 ‘‘(C) all operation, maintenance, and repair

24 funds for facilities and government quarters

25 used in the operation or support of elementary
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1 and secondary education functions for the ben2 efit of Indians, from whatever source derived.

3 ‘‘(3) DIRECT COST BASE.—(A) Except as other4 wise provided in subparagraph (B), the direct cost

5 base of a tribe or tribal organization for the fiscal

6 year is the aggregate direct cost program funding

7 for all tribal elementary or secondary educational

8 programs operated by the tribe or tribal organization

9 during—

10 ‘‘(i) the second fiscal year preceding such

11 fiscal year; or

12 ‘‘(ii) if such programs have not been oper13 ated by the tribe or tribal organization during

14 the two preceding fiscal years, the first fiscal

15 year preceding such fiscal year.

16 ‘‘(B) In the case of Bureau elementary or sec17 ondary education functions which have not pre18 viously been operated by a tribe or tribal organiza19 tion under contract, grant, or agreement with the

20 Bureau, the direct cost base for the initial year shall

21 be the projected aggregate direct cost program fund22 ing for all Bureau elementary and secondary func23 tions to be operated by the tribe or tribal organiza24 tion during that fiscal year.
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1 ‘‘(4) MAXIMUM BASE RATE.—The term ‘max2 imum base rate’ means 50 percent.

3 ‘‘(5) MINIMUM BASE RATE.—The term ‘min4 imum base rate’ means 11 percent.

5 ‘‘(6) STANDARD DIRECT COST BASE.—The term

6 ‘standard direct cost base’ means $600,000.

7 ‘‘(7) TRIBAL ELEMENTARY OR SECONDARY

8 EDUCATIONAL PROGRAMS.—The term ‘tribal elemen9 tary or secondary educational programs’ means all

10 Bureau elementary and secondary functions, to11 gether with any other Bureau programs or portions

12 of programs (excluding funds for social services that

13 are appropriated to agencies other than the Bureau

14 and are expended through the Bureau, funds for

15 major subcontracts, construction, and other major

16 capital expenditures, and unexpended funds carried

17 over from prior years) which share common adminis18 trative cost functions, that are operated directly by

19 a tribe or tribal organization under a contract,

20 grant, or agreement with the Bureau.

21 ‘‘(i) STUDIES FOR DETERMINATION OF FACTORS AF22 FECTING COSTS; BASE RATES LIMITS; STANDARD DI23 RECT COST BASE; REPORT TO CONGRESS.—

24 ‘‘(1) STUDIES.—Not later than 120 days after

25 the date of the enactment of the No Child Left Be-
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1 hind Act of 2001, the Director of the Office of In2 dian Education Programs shall—

3 ‘‘(A) conduct such studies as may be need4 ed to establish an empirical basis for deter5 mining relevant factors substantially affecting

6 required administrative costs of tribal elemen7 tary and secondary education programs, using

8 the formula set forth in subsection (c); and

9 ‘‘(B) conduct a study to determine—

10 ‘‘(i) a maximum base rate which ensures

11 that the amount of the grants provided under

12 this section will provide adequate (but not ex13 cessive) funding of the administrative costs of

14 the smallest tribal elementary or secondary edu15 cational programs;

16 ‘‘(ii) a minimum base rate which ensures

17 that the amount of the grants provided under

18 this section will provide adequate (but not ex19 cessive) funding of the administrative costs of

20 the largest tribal elementary or secondary edu21 cational programs; and

22 ‘‘(iii) a standard direct cost base which is

23 the aggregate direct cost funding level for which

24 the percentage determined under subsection (c)

25 will—
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1 ‘‘(I) be equal to the median between

2 the maximum base rate and the minimum

3 base rate; and

4 ‘‘(II) ensure that the amount of the

5 grants provided under this section will pro6 vide adequate (but not excessive) funding

7 of the administrative costs of tribal ele8 mentary or secondary educational pro9 grams closest to the size of the program.

10 ‘‘(2) GUIDELINES.—The studies required under

11 paragraph (1) shall—

12 ‘‘(A) be conducted in full consultation (in

13 accordance with section 1131) with—

14 ‘‘(i) the tribes and tribal organizations

15 that are affected by the application of the

16 formula set forth in subsection (c); and

17 ‘‘(ii) all national and regional Indian

18 organizations of which such tribes and

19 tribal organizations are typically members;

20 ‘‘(B) be conducted onsite with a represent21 ative statistical sample of the tribal elementary

22 or secondary educational programs under a con23 tract entered into with a nationally reputable

24 public accounting and business consulting firm;
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1 ‘‘(C) take into account the availability of

2 skilled labor; commodities, business and auto3 matic data processing services, related Indian

4 preference and Indian control of education re5 quirements, and any other market factors found

6 substantially to affect the administrative costs

7 and efficiency of each such tribal elementary or

8 secondary educational program studied in order

9 to assure that all required administrative activi10 ties can reasonably be delivered in a cost effec11 tive manner for each such program, given an

12 administrative cost allowance generated by the

13 values, percentages, or other factors found in

14 the studies to be relevant in such formula;

15 ‘‘(D) identify, and quantify in terms of

16 percentages of direct program costs, any gen17 eral factors arising from geographic isolation,

18 or numbers of programs administered, inde19 pendent of program size factors used to com20 pute a base administrative cost percentage in

21 such formula; and

22 ‘‘(E) identify any other incremental cost

23 factors substantially affecting the costs of re24 quired administrative cost functions at any of

25 the tribal elementary or secondary educational
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1 programs studied and determine whether the

2 factors are of general applicability to other such

3 programs, and (if so) how the factors may ef4 fectively be incorporated into such formula.

5 ‘‘(3) CONSULTATION WITH INSPECTOR GEN6 ERAL.—In carrying out the studies required under

7 this subsection, the Director shall obtain the input

8 of, and afford an opportunity to participate to, the

9 Inspector General of the Department of the Interior.

10 ‘‘(4) CONSIDERATION OF DELIVERY OF ADMIN11 ISTRATIVE SERVICES.—Determinations described in

12 paragraph (2)(C) shall be based on what is prac13 ticable at each location studied, given prudent man14 agement practice, irrespective of whether required

15 administrative services were actually or fully deliv16 ered at these sites, or whether other services were

17 delivered instead, during the period of the study.

18 ‘‘(5) REPORT.—Upon completion of the studies

19 conducted under paragraph (1), the Director shall

20 submit to Congress a report on the findings of the

21 studies, together with determinations based upon

22 such studies that would affect the definitions set

23 forth under subsection (e) that are used in the for24 mula set forth in subsection (c).
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1 ‘‘(6) PROJECTION OF COSTS.—The Secretary

2 shall include in the Bureau’s justification for each

3 appropriations request beginning in the first fiscal

4 year after the completion of the studies conducted

5 under paragraph (1), a projection of the overall

6 costs associated with the formula set forth in sub7 section (c) for all tribal elementary or secondary

8 education programs which the Secretary expects to

9 be funded in the fiscal year for which the appropria10 tions are sought.

11 ‘‘(7) DETERMINATION OF PROGRAM SIZE.—For

12 purposes of this subsection, the size of tribal elemen13 tary or secondary educational programs is deter14 mined by the aggregate direct cost program funding

15 level for all Bureau funded programs which share

16 common administrative cost functions.

17 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—

18 ‘‘(1) IN GENERAL.—There are authorized to be

19 appropriated such sums as necessary to carry out

20 this section.

21 ‘‘(2) REDUCTIONS.—If the total amount of

22 funds necessary to provide grants to tribes and trib23 al organizations in the amounts determined under

24 subsection (b) for a fiscal year exceeds the amount

25 of funds appropriated to carry out this section for
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1 such fiscal year, the Secretary shall reduce the

2 amount of each grant determined under subsection

3 (b) for such fiscal year by an amount that bears the

4 same relationship to such excess as the amount of

5 such grants determined under subsection (b) bears

6 to the total of all grants determined under sub7 section (b) section for all tribes and tribal organiza8 tions for such fiscal year.

9 ‘‘(k) APPLICABILITY TO SCHOOLS OPERATING

10 UNDER TRIBALLY CONTROLLED SCHOOLS ACT OF

11 1988.—The provisions of this section shall also apply to

12 those schools operating under the Tribally Controlled

13 Schools Act of 1988.

14 ‘‘SEC. 1129. DIVISION OF BUDGET ANALYSIS.

15 ‘‘(a) ESTABLISHMENT.—Not later than 12 months

16 after the date of the enactment of the No Child Left Be17 hind Act of 2001, the Secretary shall establish within the

18 Office of Indian Education Programs a Division of Budget

19 Analysis (hereinafter referred to as the ‘Division’). Such

20 Division shall be under the direct supervision and control

21 of the Director of the Office.

22 ‘‘(b) FUNCTIONS.—In consultation with the tribal

23 governing bodies and tribal school boards, the Director of

24 the Office, through the Division, shall conduct studies,

25 surveys, or other activities to gather demographic informa-
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1 tion on Bureau funded schools and project the amount

2 necessary to provide Indian students in such schools the

3 educational program set forth in this part.

4 ‘‘(c) ANNUAL REPORTS.—Not later than the date

5 that the Assistant Secretary for Indian Affairs makes the

6 annual budget submission, for each fiscal year after the

7 date of the enactment of the No Child Left Behind Act

8 of 2001, the Director of the Office shall submit to the

9 appropriate committees of Congress (including the Appro10 priations committees), all Bureau funded schools, and the

11 tribal governing bodies of such schools, a report which

12 shall contain—

13 ‘‘(1) projections, based upon the information

14 gathered pursuant to subparagraph (b) and any

15 other relevant information, of amounts necessary to

16 provide Indian students in Bureau funded schools

17 the educational program set forth in this part;

18 ‘‘(2) a description of the methods and formulas

19 used to calculate the amounts projected pursuant to

20 paragraph (1); and

21 ‘‘(3) such other information as the Director of

22 the Office considers appropriate.

23 ‘‘(d) USE OF REPORTS.—The Director of the Office

24 and the Assistant Secretary for Indian Affairs shall use
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1 the annual report required by subsection (c) when pre2 paring their annual budget submissions.

3 ‘‘SEC. 1130. UNIFORM DIRECT FUNDING AND SUPPORT.

4 ‘‘(a) ESTABLISHMENT OF SYSTEM AND FORWARD

5 FUNDING.—

6 ‘‘(1) IN GENERAL.—The Secretary shall estab7 lish, by regulation adopted in accordance with sec8 tion 1138, a system for the direct funding and sup9 port of all Bureau funded schools. Such system shall

10 allot funds in accordance with section 1127. All

11 amounts appropriated for distribution under this

12 section may be made available under paragraph (2).

13 ‘‘(2) TIMING FOR USE OF FUNDS.—(A) For the

14 purposes of affording adequate notice of funding

15 available pursuant to the allotments made under sec16 tion 1127, amounts appropriated in an appropria17 tions Act for any fiscal year shall become available

18 for obligation by the affected schools on July 1 of

19 the fiscal year in which such amounts are appro20 priated without further action by the Secretary, and

21 shall remain available for obligation through the suc22 ceeding fiscal year.

23 ‘‘(B) The Secretary shall, on the basis of the

24 amount appropriated in accordance with this

25 paragraph—
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1 ‘‘(i) publish, not later than July 1 of the

2 fiscal year for which the funds are appro3 priated, allotments to each affected school made

4 under section 1127 of 85 percent of such ap5 propriation; and

6 ‘‘(ii) publish, not later than September 30

7 of such fiscal year, the allotments to be made

8 under section 1127 of the remaining 15 percent

9 of such appropriation, adjusted to reflect the

10 actual student attendance.

11 ‘‘(3) LIMITATION.—(A) Notwithstanding any

12 other provision of law or regulation, the supervisor

13 of a Bureau funded school may expend an aggregate

14 of not more than $50,000 of the amount allotted the

15 school under section 1127 to acquire materials, sup16 plies, equipment, services, operation, and mainte17 nance for the school without competitive bidding if—

18 ‘‘(i) the cost for any single item purchased

19 does not exceed $15,000;

20 ‘‘(ii) the school board approves the pro21 curement;

22 ‘‘(iii) the supervisor certifies that the cost

23 is fair and reasonable;

24 ‘‘(iv) the documents relating to the pro25 curement executed by the supervisor or other
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1 school staff cite this paragraph as authority for

2 the procurement; and

3 ‘‘(v) the transaction is documented in a

4 journal maintained at the school clearly identi5 fying when the transaction occurred, what was

6 acquired and from whom, the price paid, the

7 quantities acquired, and any other information

8 the supervisor or school board considers rel9 evant.

10 ‘‘(B) Not later than 6 months after the date of

11 the enactment of the No Child Left Behind Act of

12 2001, the Secretary shall cause to be sent to each

13 supervisor of a Bureau operated program and school

14 board chairperson, the education line officer or offi15 cers of each agency and area, and the Bureau Divi16 sion in charge of procurement, at both the local and

17 national levels, notice of this paragraph.

18 ‘‘(C) The Director shall be responsible for de19 termining the application of this paragraph, includ20 ing the authorization of specific individuals to carry

21 out this paragraph, and shall be responsible for the

22 provision of guidelines on the use of this paragraph

23 and adequate training on such guidelines.

24 ‘‘(4) EFFECT OF SEQUESTRATION ORDER.—If a

25 sequestration order issued under the Balanced
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1 Budget and Emergency Deficit Control Act of 1985

2 reduces the amount of funds available for allotment

3 under section 1127 for any fiscal year by more than

4 7 percent of the amount of funds available for allot5 ment under such section during the preceding fiscal

6 year—

7 ‘‘(A) to fund allotments under section

8 1127, the Secretary, notwithstanding any other

9 law, may use—

10 ‘‘(i) funds appropriated for the oper11 ation of any Bureau school that is closed

12 or consolidated; and

13 ‘‘(ii) funds appropriated for any pro14 gram that has been curtailed at any Bu15 reau school; and

16 ‘‘(B) the Secretary may waive the applica17 tion of the provisions of section 1121(h) with

18 respect to the closure or consolidation of a

19 school, or the curtailment of a program at a

20 school, during such fiscal year if the funds de21 scribed in clauses (i) and (ii) of subparagraph

22 (A) with respect to such school are used to fund

23 allotments made under section 1127 for such

24 fiscal year.
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1 ‘‘(b) LOCAL FINANCIAL PLANS FOR EXPENDITURE

2 OF FUNDS.—

3 ‘‘(1) PLAN REQUIRED.—In the case of all Bu4 reau operated schools, allotted funds shall be ex5 pended on the basis of local financial plans which

6 ensure meeting the accreditation requirements or

7 standards for the school established pursuant to sec8 tion 1121 and which shall be prepared by the local

9 school supervisor in active consultation with the local

10 school board for each school. The local school board

11 for each school shall have the authority to ratify, re12 ject, or amend such financial plan, and expenditures

13 thereunder, and, on its own determination or in re14 sponse to the supervisor of the school, to revise such

15 financial plan to meet needs not foreseen at the time

16 of preparation of the financial plan.

17 ‘‘(2) The supervisor—

18 ‘‘(A) shall put into effect the decisions of

19 the school board;

20 ‘‘(B) shall provide the appropriate local

21 union representative of the education employees

22 with copies of proposed draft financial plans

23 and all amendments or modifications thereto, at

24 the same time such copies are submitted to the

25 local school board; and
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1 ‘‘(C) may appeal any such action of the

2 local school board to the appropriate education

3 line officer of the Bureau agency by filing a

4 written statement describing the action and the

5 reasons the supervisor believes such action

6 should be overturned. A copy of such statement

7 shall be submitted to the local school board and

8 such board shall be afforded an opportunity to

9 respond, in writing, to such appeal. After re10 viewing such written appeal and response, the

11 appropriate education line officer may, for good

12 cause, overturn the action of the local school

13 board. The appropriate education line officer

14 shall transmit the determination of such appeal

15 in the form of a written opinion to such board

16 and to such supervisor identifying the reasons

17 for overturning such action.

18 ‘‘(c) USE OF SELF-DETERMINATION GRANTS

19 FUNDS.—Funds for self-determination grants under sec20 tion 103(a)(2) of the Indian Self-Determination and Edu21 cation Assistance Act shall not be used for providing tech22 nical assistance and training in the field of education by

23 the Bureau unless such services are provided in accord24 ance with a plan, agreed to by the tribe or tribes affected

25 and the Bureau, under which control of education pro-
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1 grams is intended to be transferred to such tribe or tribes

2 within a specific period of time negotiated under such

3 agreement. The Secretary may approve applications for

4 funding tribal divisions of education and development of

5 tribal codes of education from funds appropriated pursu6 ant to section 104(a) of such Act.

7 ‘‘(d) TECHNICAL ASSISTANCE AND TRAINING.—In

8 the exercise of its authority under this section, a local

9 school board may request technical assistance and training

10 from the Secretary, and the Secretary shall, to the great11 est extent possible, provide such services, and make appro12 priate provisions in the budget of the Office for such serv13 ices.

14 ‘‘(e) SUMMER PROGRAM OF ACADEMIC AND SUPPORT

15 SERVICES.—

16 ‘‘(1) IN GENERAL.—A financial plan under sub17 section (b) for a school may include, at the discre18 tion of the local administrator and the school board

19 of such school, a provision for a summer program of

20 academic and support services for students of the

21 school. Any such program may include activities re22 lated to the prevention of alcohol and substance

23 abuse. The Assistant Secretary for Indian Affairs

24 shall provide for the utilization of any such school
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1 facility during any summer in which such utilization

2 is requested.

3 ‘‘(2) USE OF OTHER FUNDS.—Notwithstanding

4 any other provision of law, funds authorized under

5 the Act of April 16, 1934, and this Act may be used

6 to augment the services provided in each summer

7 program at the option, and under the control, of the

8 tribe or Indian controlled school receiving such

9 funds.

10 ‘‘(3) TECHNICAL ASSISTANCE AND PROGRAM

11 COORDINATION.—The Assistant Secretary for Indian

12 Affairs, acting through the Director of the Office,

13 shall provide technical assistance and coordination

14 for any program described in paragraph (1) and

15 shall, to the extent possible, encourage the coordina16 tion of such programs with any other summer pro17 grams that might benefit Indian youth, regardless of

18 the funding source or administrative entity of any

19 such program.

20 ‘‘(f) COOPERATIVE AGREEMENTS.—

21 ‘‘(1) IN GENERAL.—From funds allotted to a

22 Bureau school under section 1127, the Secretary

23 shall, if specifically requested by the tribal governing

24 body (as defined in section 1141), implement any co25 operative agreement entered into between the tribe,
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1 the Bureau school board, and the local public school

2 district which meets the requirements of paragraph

3 (2) and involves the school. The tribe, the Bureau

4 school board, and the local public school district

5 shall determine the terms of the agreement. Such

6 agreement may encompass coordination of all or any

7 part of the following:

8 ‘‘(A) Academic program and curriculum,

9 unless the Bureau school is currently accredited

10 by a State or regional accrediting entity and

11 would not continue to be so accredited.

12 ‘‘(B) Support services, including procure13 ment and facilities maintenance.

14 ‘‘(C) Transportation.

15 ‘‘(2) EQUAL BENEFIT AND BURDEN.—Each

16 agreement entered into pursuant to the authority

17 provided in paragraph (1) shall confer a benefit

18 upon the Bureau school commensurate with the bur19 den assumed, though this requirement shall not be

20 construed so as to require equal expenditures or an

21 exchange of similar services.

22 ‘‘(g) PRODUCT OR RESULT OF STUDENT

23 PROJECTS.—Notwithstanding any other provision of law,

24 where there is agreement on action between the super25 intendent and the school board of a Bureau funded school,
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1 the product or result of a project conducted in whole or

2 in major part by a student may be given to that student

3 upon the completion of such project.

4 ‘‘(h) NOT CONSIDERED FEDERAL FUNDS FOR

5 MATCHING REQUIREMENTS.—Notwithstanding any other

6 provision of law, funds received by a Bureau funded school

7 under this part shall not be considered Federal funds for

8 the purposes of meeting a matching funds requirement for

9 any Federal program.

10 ‘‘SEC. 1131. POLICY FOR INDIAN CONTROL OF INDIAN EDU11 CATION.

12 ‘‘(a) FACILITATION OF INDIAN CONTROL.—It shall

13 be the policy of the Secretary and the Bureau, in carrying

14 out the functions of the Bureau, to facilitate tribal control

15 of Indian affairs in all matters relating to education.

16 ‘‘(b) CONSULTATION WITH TRIBES.—

17 ‘‘(1) IN GENERAL.—All actions under this Act

18 shall be done with active consultation with tribes.

19 ‘‘(2) REQUIREMENTS.—The consultation re20 quired under paragraph (1) means a process involv21 ing the open discussion and joint deliberation of all

22 options with respect to potential issues or changes

23 between the Bureau and all interested parties. Dur24 ing such discussions and joint deliberations, inter25 ested parties (including tribes and school officials)
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1 shall be given an opportunity to present issues in2 cluding proposals regarding changes in current prac3 tices or programs which will be considered for future

4 action by the Bureau. All interested parties shall be

5 given an opportunity to participate and discuss the

6 options presented or to present alternatives, with the

7 views and concerns of the interested parties given ef8 fect unless the Secretary determines, from informa9 tion available from or presented by the interested

10 parties during one or more of the discussions and

11 deliberations, that there is a substantial reason for

12 another course of action. The Secretary shall submit

13 to any Member of Congress, within 18 days of the

14 receipt of a written request by such Member, a writ15 ten explanation of any decision made by the Sec16 retary which is not consistent with the views of the

17 interested parties.

18 ‘‘SEC. 1132. INDIAN EDUCATION PERSONNEL.

19 ‘‘(a) IN GENERAL.—Chapter 51, subchapter III of

20 chapter 53, and chapter 63 of title 5, United States Code,

21 relating to classification, pay and leave, respectively, and

22 the sections of such title relating to the appointment, pro23 motion, hours of work, and removal of civil service employ24 ees, shall not apply to educators or to education positions

25 (as defined in subsection (p)).
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1 ‘‘(b) REGULATIONS.—Not later than 60 days after

2 the date of the enactment of the No Child Left Behind

3 Act of 2001, the Secretary shall prescribe regulations to

4 carry out this section. Such regulations shall include—

5 ‘‘(1) the establishment of education positions;

6 ‘‘(2) the establishment of qualifications for edu7 cators and education personnel;

8 ‘‘(3) the fixing of basic compensation for edu9 cators and education positions;

10 ‘‘(4) the appointment of educators;

11 ‘‘(5) the discharge of educators;

12 ‘‘(6) the entitlement of educators to compensa13 tion;

14 ‘‘(7) the payment of compensation to educators;

15 ‘‘(8) the conditions of employment of educators;

16 ‘‘(9) the leave system for educators;

17 ‘‘(10) the annual leave and sick leave for edu18 cators; and

19 ‘‘(11) such matters as may be appropriate.

20 ‘‘(c) QUALIFICATIONS OF EDUCATORS.—

21 ‘‘(1) REQUIREMENTS.—In prescribing regula22 tions to govern the qualifications of educators, the

23 Secretary shall require—

24 ‘‘(A)(i) that lists of qualified and inter25 viewed applicants for education positions be
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1 maintained in each agency and area office of

2 the Bureau from among individuals who have

3 applied at the agency or area level for an edu4 cation position or who have applied at the na5 tional level and have indicated in such applica6 tion an interest in working in certain areas or

7 agencies; and

8 ‘‘(ii) that a list of qualified and interviewed

9 applicants for education positions be main10 tained in the Office from among individuals

11 who have applied at the national level for an

12 education position and who have expressed in13 terest in working in an education position any14 where in the United States;

15 ‘‘(B) that a local school board shall have

16 the authority to waive on a case-by-case basis,

17 any formal education or degree qualifications

18 established by regulation pursuant to subsection

19 (b)(2), in order for a tribal member to be hired

20 in an education position to teach courses on

21 tribal culture and language and that subject to

22 subsection (e)(2), a determination by a school

23 board that such a person be hired shall be insti24 tuted supervisor; and
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1 ‘‘(C) that it shall not be a prerequisite to

2 the employment of an individual in an edu3 cation position at the local level that such indi4 vidual’s name appear on the national list main5 tained pursuant to subparagraph (A)(ii) or that

6 such individual has applied at the national level

7 for an education position.

8 ‘‘(2) EXCEPTION FOR CERTAIN TEMPORARY EM9 PLOYMENT.—The Secretary may authorize the tem10 porary employment in an education position of an

11 individual who has not met the certification stand12 ards established pursuant to regulations, if the Sec13 retary determines that failure to do so would result

14 in that position remaining vacant.

15 ‘‘(d) HIRING OF EDUCATORS.—

16 ‘‘(1) REQUIREMENTS.—In prescribing regula17 tions to govern the appointment of educators, the

18 Secretary shall require—

19 ‘‘(A)(i) that educators employed in a Bu20 reau operated school (other than the supervisor

21 of the school) shall be hired by the supervisor

22 of the school. In cases where there are no quali23 fied applicants available, such supervisor may

24 consult the national list maintained pursuant to

25 subsection (c)(1)(A)(ii);
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1 ‘‘(ii) each school supervisor shall be hired

2 by the education line officer of the agency office

3 of the Bureau in which the school is located;

4 ‘‘(iii) educators employed in an agency of5 fice of the Bureau shall be hired by the super6 intendent for education of the agency office;

7 and

8 ‘‘(iv) each education line officer and edu9 cators employed in the Office of the Director of

10 Indian Education Programs shall be hired by

11 the Director;

12 ‘‘(B) that before an individual is employed

13 in an education position in a school by the su14 pervisor of a school (or with respect to the posi15 tion of supervisor, by the appropriate agency

16 education line officer), the local school board

17 for the school shall be consulted. A determina18 tion by such school board that such individual

19 should or should not be so employed shall be in20 stituted by the supervisor (or with respect to

21 the position of supervisor, by the agency super22 intendent for education);

23 ‘‘(C) that before an individual may be em24 ployed in an education position at the agency

25 level, the appropriate agency school board shall
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1 be consulted, and that a determination by such

2 school board that such individual should or

3 should not be employed shall be instituted by

4 the agency superintendent for education; and

5 ‘‘(D) that before an individual may be em6 ployed in an education position in the Office of

7 the Director (other than the position of Direc8 tor), the national school boards representing all

9 Bureau schools shall be consulted.

10 ‘‘(2) INFORMATION REGARDING APPLICATION

11 AT NATIONAL LEVEL.—Any individual who applies

12 at the local level for an education position shall state

13 on such individual’s application whether or not such

14 individual has applied at the national level for an

15 education position in the Bureau. If such individual

16 is employed at the local level, such individual’s name

17 shall be immediately forwarded to the Secretary,

18 who shall, as soon as practicable but in no event in

19 more than 30 days, ascertain the accuracy of the

20 statement made by such individual pursuant to the

21 first sentence of this paragraph. Notwithstanding

22 subsection (e), if the individual’s statement is found

23 to have been false, such individual, at the Sec24 retary’s discretion, may be disciplined or discharged.

25 If the individual has applied at the national level for
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1 an education position in the Bureau, the appoint2 ment of such individual at the local level shall be

3 conditional for a period of 90 days, during which pe4 riod the Secretary may appoint a more qualified in5 dividual (as determined by the Secretary) from the

6 list maintained at the national level pursuant to sub7 section (c)(1)(A)(ii) to the position to which such in8 dividual was appointed.

9 ‘‘(3) STATUTORY CONSTRUCTION.—Except as

10 expressly provided, nothing in this section shall be

11 construed as conferring upon local school boards au12 thority over, or control of, educators at Bureau

13 funded schools or the authority to issue management

14 decisions.

15 ‘‘(e) DISCHARGE AND CONDITIONS OF EMPLOYMENT

16 OF EDUCATORS.—

17 ‘‘(1) REGULATIONS.—In prescribing regulations

18 to govern the discharge and conditions of employ19 ment of educators, the Secretary shall require—

20 ‘‘(A) that procedures be established for the

21 rapid and equitable resolution of grievances of

22 educators;

23 ‘‘(B) that no educator may be discharged

24 without notice of the reasons therefore and op25 portunity for a hearing under procedures that
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1 comport with the requirements of due process;

2 and

3 ‘‘(C) that educators employed in Bureau

4 schools be notified 30 days prior to the end of

5 the school year whether their employment con6 tract will be renewed for the following year.

7 ‘‘(2) PROCEDURES FOR DISCHARGE.—The su8 pervisor of a Bureau school may discharge (subject

9 to procedures established under paragraph (1)(B))

10 for cause (as determined under regulations pre11 scribed by the Secretary) any educator employed in

12 such school. Upon giving notice of proposed dis13 charge to an educator, the supervisor involved shall

14 immediately notify the local school board for the

15 school of such action. A determination by the local

16 school board that such educator shall not be dis17 charged shall be followed by the supervisor. The su18 pervisor shall have the right to appeal such action

19 to the education line officer of the appropriate agen20 cy office of the Bureau. Upon such an appeal, the

21 agency education line officer may, for good cause

22 and in writing to the local school board, overturn the

23 determination of the local school board with respect

24 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

5 such school that an educator employed in the

6 school be discharged; and

7 ‘‘(B) to recommend to the education line

8 officer of the appropriate agency office of the

9 Bureau and to the Director of the Office, that

10 the supervisor of the school be discharged.

11 ‘‘(f) APPLICABILITY OF INDIAN PREFERENCE

12 LAWS.—

13 ‘‘(1) IN GENERAL.—Notwithstanding any provi14 sion of the Indian preference laws, such laws shall

15 not apply in the case of any personnel action under

16 this section respecting an applicant or employee not

17 entitled to Indian preference if each tribal organiza18 tion concerned grants a written waiver of the appli19 cation of such laws with respect to such personnel

20 action and states that such waiver is necessary. This

21 paragraph shall not relieve the Bureau’s responsi22 bility to issue timely and adequate announcements

23 and advertisements concerning any such personnel

24 action if such action is intended to fill a vacancy (no

25 matter how such vacancy is created).
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1 ‘‘(2) TRIBAL ORGANIZATION DEFINED.—For

2 purposes of this subsection, the term ‘tribal organi3 zation’ means—

4 ‘‘(A) the recognized governing body of any

5 Indian tribe, band, nation, pueblo, or other or6 ganized community, including a Native village

7 (as 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

17 the Act of June 18, 1934, or any other provision of

18 law granting a preference to Indians in promotions

19 and other personnel actions. Such term shall not in20 clude section 7(b) of the Indian Self-Determination

21 and Education Assistance Act.

22 ‘‘(g) COMPENSATION OR ANNUAL SALARY.—

23 ‘‘(1) IN GENERAL.—(A) Except as otherwise

24 provided in this section, the Secretary shall fix the

25 basic compensation for educators and education po-
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1 sitions at rates in effect under the General Schedule

2 for individuals with comparable qualifications, and

3 holding comparable positions, to whom chapter 51 of

4 title 5, United States Code, is applicable or on the

5 basis of the Federal Wage System schedule in effect

6 for the locality, and for the comparable positions,

7 the rates of compensation in effect for the senior ex8 ecutive service.

9 ‘‘(B) The Secretary shall establish the rate of

10 basic compensation, or annual salary rates, for the

11 positions of teachers and counselors (including dor12 mitory counselors and home-living counselors) at the

13 rates of basic compensation applicable (on the date

14 of the enactment of the No Child Left Behind Act

15 of 2001 and thereafter) to comparable positions in

16 the overseas schools under the Defense Department

17 Overseas Teachers Pay Act. The Secretary shall

18 allow the local school boards authority to implement

19 only the aspects of the Defense Department Over20 seas Teacher pay provisions that are considered es21 sential for recruitment and retention. Implementa22 tion of such provisions shall not be construed to re23 quire the implementation of the Act in its entirety.

24 ‘‘(C)(i) Beginning with the fiscal year following

25 the date of the enactment of the No Child Left Be-
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1 hind Act of 2001, each school board may set the

2 rate of compensation or annual salary rate for teach3 ers and counselors (including academic counselors)

4 who are new hires at the school and who have not

5 worked at the school on the date of implementation

6 of this provision, at rates consistent with the rates

7 paid for individuals in the same positions, with the

8 same tenure and training, in any other school within

9 whose boundaries the Bureau school lies. In in10 stances where the adoption of such rates cause a re11 duction in the payment of compensation from that

12 which was in effect for the fiscal year following the

13 date of the enactment of the No Child Left Behind

14 Act of 2001, the new rate may be applied to the

15 compensation of employees of the school who worked

16 at the school on of the date of the enactment of that

17 Act by applying those rates to each contract renewal

18 such that the reduction takes effect in three equal

19 installments. Where adoption of such rates lead to

20 an increase in the payment of compensation from

21 that which was in effect for the fiscal year following

22 the date of the enactment of the No Child Left Be23 hind Act of 2001, the school board may make such

24 rates applicable at the next contract renewal such

25 that either—
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1 ‘‘(I) the increase occurs in its entirety; or

2 ‘‘(II) the increase is applied in three equal

3 installments.

4 ‘‘(ii) The establishment of rates of basic com5 pensation and annual salary rates under subpara6 graphs (B) and (C) shall not preclude the use of

7 regulations and procedures used by the Bureau prior

8 to April 28, 1988, in making determinations regard9 ing promotions and advancements through levels of

10 pay that are based on the merit, education, experi11 ence, or tenure of the educator.

12 ‘‘(D) The establishment of rates of basic com13 pensation and annual salary rates under subpara14 graphs (B) and (C) shall not affect the continued

15 employment or compensation of an educator who

16 was employed in an education position on October

17 31, 1979, and who did not make an election under

18 subsection (p) is in effect on January 1, 1990.

19 ‘‘(2) POST-DIFFERENTIAL RATES.—(A) The

20 Secretary may pay a post-differential rate not to ex21 ceed 25 percent of the rate of basic compensation,

22 on the basis of conditions of environment or work

23 which warrant additional pay as a recruitment and

24 retention incentive.
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1 ‘‘(B)(i) Upon the request of the supervisor and

2 the local school board of a Bureau school, the Sec3 retary shall grant the supervisor of the school au4 thorization to provide one or more post-differentials

5 under subparagraph (A) unless the Secretary deter6 mines for clear and convincing reasons (and advises

7 the board in writing of those reasons) that certain

8 of the requested post-differentials should be dis9 approved or decreased because there is no disparity

10 of compensation for the involved employees or posi11 tions in the Bureau school, as compared with the

12 nearest public school, that is either—

13 ‘‘(I) at least 5 percent; or

14 ‘‘(II) less than 5 percent and affects the

15 recruitment or retention of employees at the

16 school.

17 ‘‘(ii) A request under clause (i) shall be deemed

18 granted at the end of the 60th day after the request

19 is received in the Central Office of the Bureau un20 less before that time the request is approved, ap21 proved with modification, or disapproved by the Sec22 retary.

23 ‘‘(iii) The Secretary or the supervisor of a Bu24 reau school may discontinue or decrease a post-dif-
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1 ferential authorized under this subparagraph at the

2 beginning of a school year if—

3 ‘‘(I) the local school board requests that

4 such differential be discontinued or decreased;

5 or

6 ‘‘(II) the Secretary or the supervisor deter7 mines for clear and convincing reasons (and ad8 vises the board in writing of those reasons) that

9 there is no disparity of compensation that

10 would affect the recruitment or retention of em11 ployees at the school after the differential is

12 discontinued or decreased.

13 ‘‘(iv) On or before February 1 of each year, the

14 Secretary shall submit to Congress a report describ15 ing the requests and grants of authority under this

16 subparagraph during the previous year and listing

17 the positions contracted under those grants of au18 thority.

19 ‘‘(h) LIQUIDATION OF REMAINING LEAVE UPON

20 TERMINATION.—Upon termination of employment with

21 the Bureau, any annual leave remaining to the credit of

22 an individual within the purview of this section shall be

23 liquidated in accordance with sections 5551(a) and 6306

24 of title 5, United States Code, except that leave earned
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1 or accrued under regulations prescribed pursuant to sub2 section (b)(10) of this section shall not be so liquidated.

3 ‘‘(i) TRANSFER OF REMAINING SICK LEAVE UPON

4 TRANSFER, PROMOTION, OR REEMPLOYMENT.—In the

5 case of any educator who is transferred, promoted, or re6 appointed, without break in service, to a position in the

7 Federal Government under a different leave system, any

8 remaining leave to the credit of such person earned or

9 credited under the regulations prescribed pursuant to sub10 section (b)(10) shall be transferred to such person’s credit

11 in the employing agency on an adjusted basis in accord12 ance with regulations which shall be prescribed by the Of13 fice of Personnel Management.

14 ‘‘(j) INELIGIBILITY FOR EMPLOYMENT OF VOLUN15 TARILY TERMINATED EDUCATORS.—An educator who vol16 untarily terminates employment with the Bureau before

17 the expiration of the existing employment contract be18 tween such educator and the Bureau shall not be eligible

19 to be employed in another education position in the Bu20 reau during the remainder of the term of such contract.

21 ‘‘(k) DUAL COMPENSATION.—In the case of any edu22 cator employed in an education position described in sub23 section (l)(1)(A) who—

24 ‘‘(1) is employed at the close of a school year;
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1 ‘‘(2) agrees in writing to serve in such position

2 for the next school year; and

3 ‘‘(3) is employed in another position during the

4 recess period immediately preceding such next school

5 year, or during such recess period receives additional

6 compensation referred to in section 5533 of title 5,

7 United States Code, relating to dual compensation,

8 shall not apply to such educator by reason of any such

9 employment during a recess period for any receipt of addi10 tional compensation.

11 ‘‘(l) VOLUNTARY SERVICES.—Notwithstanding sec12 tion 1342 of title 31, United States Code, the Secretary

13 may, subject to the approval of the local school board con14 cerned, accept voluntary services on behalf of Bureau

15 schools. Nothing in this part shall be construed to require

16 Federal employees to work without compensation or to

17 allow the use of volunteer services to displace or replace

18 Federal employees. An individual providing volunteer serv19 ices under this section is a Federal employee only for pur20 poses of chapter 81 of title 5, United States Code, and

21 chapter 171 of title 28, United States Code.

22 ‘‘(m) PRORATION OF PAY.—

23 ‘‘(1) ELECTION OF EMPLOYEE.—Notwith24 standing any other provision of law, including laws

25 relating to dual compensation, the Secretary, at the
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1 election of the employee, shall prorate the salary of

2 an employee employed in an education position for

3 the academic school year over the entire 12-month

4 period. Each educator employed for the academic

5 school year shall annually elect to be paid on a 12-

6 month basis or for those months while school is in

7 session. No educator shall suffer a loss of pay or

8 benefits, including benefits under unemployment or

9 other Federal or federally assisted programs, be10 cause of such election.

11 ‘‘(2) CHANGE OF ELECTION.—During the

12 course of such year the employee may change elec13 tion once.

14 ‘‘(3) LUMP SUM PAYMENT.—That portion of

15 the employee’s pay which would be paid between

16 academic school years may be paid in a lump sum

17 at the election of the employee.

18 ‘‘(4) DEFINITIONS.—For purposes of this sub19 section, the terms ‘educator’ and ‘education position’

20 have the meanings contained in paragraphs (1) and

21 (2) of subsection (o). This subsection applies to

22 those individuals employed under the provisions of

23 section 1132 of this title or title 5, United States

24 Code.

25 ‘‘(n) EXTRACURRICULAR ACTIVITIES.—
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1 ‘‘(1) STIPEND.—Notwithstanding any other

2 provision of law, the Secretary may provide, for each

3 Bureau area, a stipend in lieu of overtime premium

4 pay or compensatory time off. Any employee of the

5 Bureau who performs additional activities to provide

6 services to students or otherwise support the school’s

7 academic and social programs may elect to be com8 pensated for all such work on the basis of the sti9 pend. Such stipend shall be paid as a supplement to

10 the employee’s base pay.

11 ‘‘(2) ELECTION NOT TO RECEIVE STIPEND.—If

12 an employee elects not to be compensated through

13 the stipend established by this subsection, the appro14 priate provisions of title 5, United States Code, shall

15 apply.

16 ‘‘(3) APPLICABILITY OF SUBSECTION.—This

17 subsection applies to all Bureau employees, whether

18 employed under section 1132 of this title or title 5,

19 United States Code.

20 ‘‘(o) DEFINITIONS.—For the purpose of this

21 section—

22 ‘‘(1) EDUCATION POSITION.—The term ‘edu23 cation position’ means a position in the Bureau the

24 duties and responsibilities of which—
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1 ‘‘(A) are performed on a school-year basis

2 principally in a Bureau school and involve—

3 ‘‘(i) classroom or other instruction or

4 the supervision or direction of classroom or

5 other instruction;

6 ‘‘(ii) any activity (other than teach7 ing) which requires academic credits in

8 educational theory and practice equal to

9 the academic credits in educational theory

10 and practice required for a bachelor’s de11 gree in education from an accredited insti12 tution of higher education;

13 ‘‘(iii) any activity in or related to the

14 field of education notwithstanding that

15 academic credits in educational theory and

16 practice are not a formal requirement for

17 the conduct of such activity; or

18 ‘‘(iv) support services at, or associated

19 with, the site of the school; or

20 ‘‘(B) are performed at the agency level of

21 the Bureau and involve the implementation of

22 education-related programs other than the posi23 tion for agency superintendent for education.
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1 ‘‘(2) EDUCATOR.—The term ‘educator’ means

2 an individual whose services are required, or who is

3 employed, in an education position.

4 ‘‘(p) COVERED INDIVIDUALS; ELECTION.—This sec5 tion shall apply with respect to any educator hired after

6 November 1, 1979 (and to any educator who elected for

7 coverage under that provision after November 1, 1979)

8 and to the position in which such individual is employed.

9 The enactment of this section shall not affect the contin10 ued employment of an individual employed on October 31,

11 1979 in an education position, or such person’s right to

12 receive the compensation attached to such position.

13 ‘‘SEC. 1133. COMPUTERIZED MANAGEMENT INFORMATION

14 SYSTEM.

15 ‘‘(a) ESTABLISHMENT OF SYSTEM.—Not later than

16 July 1, 2003, the Secretary shall establish within the Of17 fice, a computerized management information system,

18 which shall provide processing and information to the Of19 fice. The information provided shall include information

20 regarding—

21 ‘‘(1) student enrollment;

22 ‘‘(2) curriculum;

23 ‘‘(3) staffing;

24 ‘‘(4) facilities;

25 ‘‘(5) community demographics;
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1 ‘‘(6) student assessment information;

2 ‘‘(7) information on the administrative and pro3 gram costs attributable to each Bureau program, di4 vided into discreet elements;

5 ‘‘(8) relevant reports;

6 ‘‘(9) personnel records;

7 ‘‘(10) finance and payroll; and

8 ‘‘(11) such other items as the Secretary deems

9 appropriate.

10 ‘‘(b) IMPLEMENTATION OF SYSTEM.—Not later than

11 July 1, 2004, the Secretary shall complete implementation

12 of such a system at each field office and Bureau funded

13 school.

14 ‘‘SEC. 1134. UNIFORM EDUCATION PROCEDURES AND PRAC15 TICES.

16 ‘‘The Secretary shall cause the various divisions of

17 the Bureau to formulate uniform procedures and practices

18 with respect to such concerns of those divisions as relate

19 to education, and shall report such practices and proce20 dures to the Congress.

21 ‘‘SEC. 1135. RECRUITMENT OF INDIAN EDUCATORS.

22 ‘‘The Secretary shall institute a policy for the recruit23 ment of qualified Indian educators and a detailed plan to

24 promote employees from within the Bureau. Such plan
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1 shall include opportunities for acquiring work experience

2 prior to actual work assignment.

3 ‘‘SEC. 1136. BIENNIAL REPORT; AUDITS.

4 ‘‘(a) BIENNIAL REPORTS.—The Secretary shall sub5 mit to each appropriate committee of Congress, all Bureau

6 funded schools, and the tribal governing bodies of such

7 schools, a detailed biennial report on the state of education

8 within the Bureau and any problems encountered in In9 dian education during the 2-year period covered by the

10 report. Such report shall contain suggestions for the im11 provement of the Bureau educational system and for in12 creasing tribal or local Indian control of such system. Such

13 report shall also include the current status of tribally con14 trolled community colleges. The annual budget submission

15 for the Bureau’s education programs shall include—

16 ‘‘(1) information on the funds provided to pre17 viously private schools under section 208 of the In18 dian Self-Determination and Education Assistance

19 Act, and recommendations with respect to the future

20 use of such funds;

21 ‘‘(2) the needs and costs of operations and

22 maintenance of tribally controlled community col23 leges eligible for assistance under the Tribally Con24 trolled Community College Assistance Act of 1978
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1 and recommendations with respect to meeting such

2 needs and costs; and

3 ‘‘(3) the plans required by sections 1121 (g),

4 1122(c), and 1125(b).

5 ‘‘(b) FINANCIAL AND COMPLIANCE AUDITS.—The

6 Inspector General of the Department of the Interior shall

7 establish a system to ensure that financial and compliance

8 audits are conducted of each Bureau operated school at

9 least once in every 3 years. Audits of Bureau schools shall

10 be based upon the extent to which such school has com11 plied with its local financial plan under section 1130.

12 ‘‘SEC. 1137. RIGHTS OF INDIAN STUDENTS.

13 ‘‘The Secretary shall prescribe such rules and regula14 tions as are necessary to ensure the constitutional and civil

15 rights of Indian students attending Bureau funded

16 schools, including such students’ right to privacy under

17 the laws of the United States, such students’ right to free18 dom of religion and expression, and such students’ right

19 to due process in connection with disciplinary actions, sus20 pensions, and expulsions.

21 ‘‘SEC. 1138. REGULATIONS.

22 ‘‘(a) IN GENERAL.—The Secretary is authorized to

23 issue only such regulations as are necessary to ensure

24 compliance with the specific provision of this Act. The Sec25 retary shall publish proposed regulations in the Federal
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1 Register, shall provide a period of not less than 90 days

2 for public comment thereon, and shall place in parentheses

3 after each regulatory section the citation to any statutory

4 provision providing authority to promulgate such regu5 latory provision.

6 ‘‘(b) MISCELLANEOUS.—

7 ‘‘(1) CONSTRUCTION.—The provisions of this

8 Act shall supersede any conflicting provisions of law

9 (including any conflicting regulations) in effect on

10 the day before the date of the enactment of this Act

11 and the Secretary is authorized to repeal any regula12 tion inconsistent with the provisions of this Act.

13 ‘‘(2) LEGAL AUTHORITY TO BE STATED.—Reg14 ulations issued to implement this Act shall contain,

15 immediately following each substantive provision of

16 such regulations, citations to the particular section

17 or sections of statutory law or other legal authority

18 upon which provision is based.

19 ‘‘SEC. 1138A. REGIONAL MEETINGS AND NEGOTIATED

20 RULEMAKING.

21 ‘‘(a) MEETINGS.—

22 ‘‘(1) IN GENERAL.—The Secretary shall obtain

23 tribal involvement in the development of proposed

24 regulations under this part and the Tribally Con25 trolled Schools Act of 1988. The Secretary shall ob-
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1 tain the advice of and recommendations from rep2 resentatives of Indian tribes with Bureau funded

3 schools on their reservations, Indian tribes whose

4 children attend Bureau funded off-reservation board5 ing schools, school boards, administrators or employ6 ees of Bureau funded schools, and parents and

7 teachers of students enrolled in Bureau funded

8 schools.

9 ‘‘(2) ISSUES.—The Secretary shall provide for a

10 comprehensive discussion and exchange of informa11 tion concerning the implementation of this part and

12 the Tribally Controlled Schools Act of 1988 through

13 such mechanisms as regional meetings and electronic

14 exchanges of information. The Secretary shall take

15 into account the information received through such

16 mechanisms in the development of proposed regula17 tions and shall publish a summary of such informa18 tion in the Federal Register together with such pro19 posed regulations.

20 ‘‘(b) DRAFT REGULATIONS.—

21 ‘‘(1) IN GENERAL.—After obtaining the advice

22 and recommendations described in subsection (a)(1)

23 and before publishing proposed regulations in the

24 Federal Register, the Secretary shall prepare draft

25 regulations implementing this part and the Tribally
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1 Controlled Schools Act of 1988 and shall submit

2 such regulations to a negotiated rulemaking process.

3 Participants in the negotiations process shall be cho4 sen by the Secretary from individuals nominated by

5 the entities described in subsection (a)(1). To the

6 maximum extent possible, the Secretary shall ensure

7 that the tribal representative membership chosen

8 pursuant to the preceding sentence reflects the pro9 portionate share of students from tribes served by

10 the Bureau funded school system. The negotiation

11 process shall be conducted in a timely manner in

12 order that the final regulations may issued by the

13 Secretary no later than 18 months after the enact14 ment of this section.

15 ‘‘(2) NOTIFICATION TO CONGRESS.—If draft

16 regulations implementing this part and the Tribally

17 Controlled Schools Act of 1988 are not issued in

18 final form by the deadline provided in paragraph

19 (1), the Secretary shall notify the appropriate com20 mittees of Congress of which draft regulations were

21 not issued in final form by the deadline and the rea22 son such final regulations were not issued.

23 ‘‘(3) EXPANSION OF NEGOTIATED RULE24 MAKING.—All regulations pertaining to this part and

25 the Tribally Controlled Schools Act of 1988 that are
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1 promulgated after the date of the enactment of this

2 subsection shall be subject to a negotiated rule3 making (including the selection of the regulations to

4 be negotiated), unless the Secretary determines that

5 applying such a requirement with respect to given

6 regulations is impracticable, unnecessary, or con7 trary to the public interest (within the meaning of

8 section 553(b)(3)(B) of title 5), and publishes the

9 basis for such determination in the Federal Register

10 at the same time as the proposed regulations in

11 question are first published. All published proposed

12 regulations shall conform to agreements resulting

13 from such negotiated rulemaking unless the Sec14 retary reopens the negotiated rulemaking process or

15 provides a written explanation to the participants in

16 that process why the Secretary has decided to depart

17 from such agreements. Such negotiated rulemaking

18 shall be conducted in accordance with the provisions

19 of subsection (a), and the Secretary shall ensure

20 that a clear and reliable record of agreements

21 reached during the negotiation process is main22 tained.

23 ‘‘(c) APPLICABILITY OF FEDERAL ADVISORY COM24 MITTEE ACT.—The Federal Advisory Committee Act shall

25 apply to activities carried out under this section.
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1 ‘‘SEC. 1139. EARLY CHILDHOOD DEVELOPMENT PROGRAM.

2 ‘‘(a) IN GENERAL.—The Secretary shall provide

3 grants to tribes, tribal organizations, and consortia of

4 tribes and tribal organizations to fund early childhood de5 velopment programs that are operated by such tribes, or6 ganizations, or consortia.

7 ‘‘(b) AMOUNT OF GRANTS.—

8 ‘‘(1) IN GENERAL.—The total amount of the

9 grants provided under subsection (a) with respect to

10 each tribe, tribal organization, or consortium of

11 tribes or tribal organizations for each fiscal year

12 shall be equal to the amount which bears the same

13 relationship to the total amount appropriated under

14 the authority of subsection (g) for such fiscal year

15 (less amounts provided under subsection (f)) as—

16 ‘‘(A) the total number of children under 6

17 years of age who are members of—

18 ‘‘(i) such tribe;

19 ‘‘(ii) the tribe that authorized such

20 tribal organization; or

21 ‘‘(iii) any tribe that—

22 ‘‘(I) is a member of such consor23 tium; or

24 ‘‘(II) authorizes any tribal orga25 nization that is a member of such con26 sortium; bears to
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1 ‘‘(B) the total number of all children under

2 6 years of age who are members of any tribe

3 that—

4 ‘‘(i) is eligible to receive funds under

5 subsection (a);

6 ‘‘(ii) is a member of a consortium that

7 is eligible to receive such funds; or

8 ‘‘(iii) authorizes a tribal organization

9 that is eligible to receive such funds.

10 ‘‘(2) LIMITATION.—No grant may be provided

11 under subsection (a)—

12 ‘‘(A) to any tribe that has less than 500

13 members;

14 ‘‘(B) to any tribal organization which is

15 authorized—

16 ‘‘(i) by only one tribe that has less

17 than 500 members; or

18 ‘‘(ii) by one or more tribes that have

19 a combined total membership of less than

20 500 members; or

21 ‘‘(C) to any consortium composed of tribes,

22 or tribal organizations authorized by tribes,

23 that have a combined total tribal membership of

24 less than 500 members.

25 ‘‘(c) APPLICATION.—
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1 ‘‘(1) IN GENERAL.—A grant may be provided

2 under subsection (a) to a tribe, tribal organization,

3 or consortia of tribes and tribal organizations only

4 if the tribe, organization, or consortia submits to the

5 Secretary an application for the grant at such time

6 and in such form as the Secretary shall prescribe.

7 ‘‘(2) CONTENTS.—Applications submitted under

8 paragraph (1) shall set forth the early childhood de9 velopment program that the applicant desires to op10 erate.

11 ‘‘(d) REQUIREMENT OF PROGRAMS FUNDED.—The

12 early childhood development programs that are funded by

13 grants provided under subsection (a)—

14 ‘‘(1) shall coordinate existing programs and

15 may provide services that meet identified needs of

16 parents and children under 6 years of age which are

17 not being met by existing programs, including—

18 ‘‘(A) prenatal care;

19 ‘‘(B) nutrition education;

20 ‘‘(C) health education and screening;

21 ‘‘(D) family literacy services;

22 ‘‘(E) educational testing; and

23 ‘‘(F) other educational services;

24 ‘‘(2) may include instruction in the language,

25 art, and culture of the tribe; and
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1 ‘‘(3) shall provide for periodic assessment of the

2 program.

3 ‘‘(e) COORDINATION OF FAMILY LITERACY PRO4 GRAMS.—Family literacy programs operated under this

5 section and other family literacy programs operated by the

6 Bureau of Indian Affairs shall be coordinated with family

7 literacy programs for Indian children under part B of title

8 I of the Elementary and Secondary Education Act of 1965

9 in order to avoid duplication and to encourage the dissemi10 nation of information on quality family literacy programs

11 serving Indians.

12 ‘‘(f) ADMINISTRATIVE COSTS.—The Secretary shall,

13 out of funds appropriated under subsection (g), include

14 in the grants provided under subsection (a) amounts for

15 administrative costs incurred by the tribe, tribal organiza16 tion, or consortium of tribes in establishing and maintain17 ing the early childhood development program.

18 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—For the

19 purpose of carrying out the provisions of this section,

20 there are authorized to be appropriated $10,000,000 for

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

22 each of the fiscal years 2003, 2004, 2005, and 2006.
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1 ‘‘SEC. 1140. TRIBAL DEPARTMENTS OR DIVISIONS OF EDU2 CATION.

3 ‘‘(a) IN GENERAL.—Subject to the availability of ap4 propriations, the Secretary shall provide grants and tech5 nical assistance to tribes for the development and oper6 ation of tribal departments of education for the purpose

7 of planning and coordinating all educational programs of

8 the tribe.

9 ‘‘(b) GRANTS.—Grants provided under this section

10 shall—

11 ‘‘(1) be based on applications from the gov12 erning body of the tribe;

13 ‘‘(2) reflect factors such as geographic and pop14 ulation diversity;

15 ‘‘(3) facilitate tribal control in all matters relat16 ing to the education of Indian children on Indian

17 reservations (and on former Indian reservations in

18 Oklahoma);

19 ‘‘(4) provide for the development of coordinated

20 educational programs on Indian reservations (and on

21 former Indian reservations in Oklahoma) (including

22 all preschool, elementary, secondary, and higher or

23 vocational educational programs funded by tribal,

24 Federal, or other sources) by encouraging tribal ad25 ministrative support of all Bureau funded edu26 cational programs as well as encouraging tribal co-
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1 operation and coordination with all educational pro2 grams receiving financial support from State agen3 cies, other Federal agencies, or private entities;

4 ‘‘(5) provide for the development and enforce5 ment of tribal educational codes, including tribal

6 educational policies and tribal standards applicable

7 to curriculum, personnel, students, facilities, and

8 support programs; and

9 ‘‘(6) otherwise comply with regulations for

10 grants under section 103(a) of the Indian Self-De11 termination and Educational Assistance Act that are

12 in effect on the date that application for such grants

13 are made.

14 ‘‘(c) PRIORITIES.—

15 ‘‘(1) IN GENERAL.—In making grants under

16 this section, the Secretary shall give priority to any

17 application that—

18 ‘‘(A) includes assurances from the majority

19 of Bureau funded schools located within the

20 boundaries of the reservation of the applicant

21 that the tribal department of education to be

22 funded under this section will provide coordi23 nating services and technical assistance to all of

24 such schools, including the submission to each

25 applicable agency of a unified application for
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1 funding for all of such schools which provides

2 that—

3 ‘‘(i) no administrative costs other

4 than those attributable to the individual

5 programs of such schools will be associated

6 with the unified application; and

7 ‘‘(ii) the distribution of all funds re8 ceived under the unified application will be

9 equal to the amount of funds provided by

10 the applicable agency to which each of

11 such schools is entitled under law;

12 ‘‘(B) includes assurances from the tribal

13 governing body that the tribal department of

14 education funded under this section will admin15 ister all contracts or grants (except those cov16 ered by the other provisions of this title and the

17 Tribally Controlled Community College Assist18 ance Act of 1978) for education programs ad19 ministered by the tribe and will coordinate all

20 of the programs to the greatest extent possible;

21 ‘‘(C) includes assurances for the moni22 toring and auditing by or through the tribal de23 partment of education of all education pro24 grams for which funds are provided by contract
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1 or grant to ensure that the programs meet the

2 requirements of law; and

3 ‘‘(D) provides a plan and schedule for—

4 ‘‘(i) the assumption over the term of

5 the grant by the tribal department of edu6 cation of all assets and functions of the

7 Bureau agency office associated with the

8 tribe, insofar as those responsibilities re9 late to education; and

10 ‘‘(ii) the termination by the Bureau of

11 such operations and office at the time of

12 such assumption,

13 except that when mutually agreeable between

14 the tribal governing body and the Assistant

15 Secretary, the period in which such assumption

16 is to occur may be modified, reduced, or ex17 tended after the initial year of the grant.

18 ‘‘(2) TIME PERIOD OF GRANT.—Subject to the

19 availability of appropriated funds, grants provided

20 under this section shall be provided for a period of

21 3 years and the grant may, if performance by the

22 grantee is satisfactory to the Secretary, be renewed

23 for additional 3-year terms.

24 ‘‘(d) TERMS, CONDITIONS, OR REQUIREMENTS.—The

25 Secretary shall not impose any terms, conditions, or re-
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1 quirements on the provision of grants under this section

2 that are not specified in this section.

3 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—For the

4 purpose of carrying out the provisions of this section,

5 there are authorized to be appropriated $2,000,000 for fis6 cal year 2002 and such sums as may be necessary for each

7 of the fiscal years 2003, 2004, 2005, and 2006.

8 ‘‘SEC. 1141. DEFINITIONS.

9 ‘‘For the purposes of this part, unless otherwise spec10 ified:

11 ‘‘(1) AGENCY SCHOOL BOARD.—The term

12 ‘agency school board’ means a body, the members of

13 which are appointed by all of the school boards of

14 the schools located within an agency, including

15 schools operated under contract or grant, and the

16 number of such members shall be determined by the

17 Secretary in consultation with the affected tribes, ex18 cept that, in agencies serving a single school, the

19 school board of such school shall fulfill these duties,

20 and in agencies having schools or a school operated

21 under contract or grant, one such member at least

22 shall be from such a school.

23 ‘‘(2) BUREAU.—The term ‘Bureau’ means the

24 Bureau of Indian Affairs of the Department of the

25 Interior.
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1 ‘‘(3) BUREAU FUNDED SCHOOL.—The term

2 ‘Bureau funded school’ means—

3 ‘‘(A) a Bureau school;

4 ‘‘(B) a contract or grant school; or

5 ‘‘(C) a school for which assistance is pro6 vided under the Tribally Controlled Schools Act

7 of 1988.

8 ‘‘(4) BUREAU SCHOOL.—The term ‘Bureau

9 school’ means a Bureau operated elementary or sec10 ondary day or boarding school or a Bureau operated

11 dormitory for students attending a school other than

12 a Bureau school.

13 ‘‘(5) CONTRACT OR GRANT SCHOOL.—The term

14 ‘contract or grant school’ means an elementary or

15 secondary school or dormitory which receives finan16 cial assistance for its operation under a contract,

17 grant or agreement with the Bureau under section

18 102, 103(a), or 208 of the Indian Self-Determina19 tion and Education Assistance Act, or under the

20 Tribally Controlled Schools Act of 1988.

21 ‘‘(6) EDUCATION LINE OFFICER.—The term

22 ‘education line officer’ means education personnel

23 under the supervision of the Director, whether lo24 cated in the central, area, or agency offices.
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1 ‘‘(7) FAMILY LITERACY SERVICES.—The term

2 ‘family literacy services’ has the meaning given that

3 term in section 8101 of the Elementary and Sec4 ondary Education Act of 1965 (20 U.S.C. 8801).

5 ‘‘(8) FINANCIAL PLAN.—The term ‘financial

6 plan’ means a plan of services provided by each Bu7 reau school.

8 ‘‘(9) INDIAN ORGANIZATION.—the term ‘Indian

9 organization’ means any group, association, partner10 ship, corporation, or other legal entity owned or con11 trolled by a federally recognized Indian tribe or

12 tribes, or a majority of whose members are members

13 of federally recognized tribes.

14 ‘‘(10) LOCAL EDUCATIONAL AGENCY.—The

15 term ‘local educational agency’ means a board of

16 education or other legally constituted local school

17 authority having administrative control and direction

18 of free public education in a county, township, inde19 pendent, or other school district located within a

20 State, and includes any State agency which directly

21 operates and maintains facilities for providing free

22 public education.

23 ‘‘(11) LOCAL SCHOOL BOARD.—The term ‘local

24 school board’, when used with respect to a Bureau

25 school, means a body chosen in accordance with the
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1 laws of the tribe to be served or, in the absence of

2 such laws, elected by the parents of the Indian chil3 dren attending the school, except that in schools

4 serving a substantial number of students from dif5 ferent tribes, the members shall be appointed by the

6 governing bodies of the tribes affected, and the num7 ber of such members shall be determined by the Sec8 retary in consultation with the affected tribes.

9 ‘‘(12) OFFICE.—The term ‘Office’ means the

10 Office of Indian Education Programs within the Bu11 reau.

12 ‘‘(13) SECRETARY.—The term ‘Secretary’

13 means the Secretary of the Interior.

14 ‘‘(14) SUPERVISOR.—The term ‘supervisor’

15 means the individual in the position of ultimate au16 thority at a Bureau school.

17 ‘‘(15) TRIBAL GOVERNING BODY.—The term

18 ‘tribal governing body’ means, with respect to any

19 school, the tribal governing body, or tribal governing

20 bodies, that represent at least 90 percent of the stu21 dents served by such school.

22 ‘‘(16) TRIBE.—The term ‘tribe’ means any In23 dian tribe, band, nation, or other organized group or

24 community, including any Alaska Native village or

25 regional or village corporation as defined in or estab-
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1 lished pursuant to the Alaska Native Claims Settle2 ment Act, which is recognized as eligible for the spe3 cial programs and services provided by the United

4 States to Indians because of their status as Indi5 ans.’’.

6 SEC. 314. TRIBALLY CONTROLLED SCHOOLS ACT OF 1988.

7 Sections 5202 through 5212 of the Tribally Con8 trolled Schools Act of 1988 (25 U.S.C. 2501 et seq.) are

9 amended to read as follows:

10 ‘‘SEC. 5202. FINDINGS.

11 ‘‘Congress, after careful review of the Federal Gov12 ernment’s historical and special legal relationship with,

13 and resulting responsibilities to, Indians, finds that—

14 ‘‘(1) the Indian Self-Determination and Edu15 cation Assistance Act, which was a product of the le16 gitimate aspirations and a recognition of the inher17 ent authority of Indian nations, was and is a crucial

18 positive step towards tribal and community control;

19 ‘‘(2) the Bureau of Indian Affairs’ administra20 tion and domination of the contracting process

21 under such Act has not provided the full opportunity

22 to develop leadership skills crucial to the realization

23 of self-government and has denied Indians an effec24 tive voice in the planning and implementation of
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1 programs for the benefit of Indians which are re2 sponsive to the true needs of Indian communities;

3 ‘‘(3) Indians will never surrender their desire to

4 control their relationships both among themselves

5 and with non-Indian governments, organizations,

6 and persons;

7 ‘‘(4) true self-determination in any society of

8 people is dependent upon an educational process

9 which will ensure the development of qualified people

10 to fulfill meaningful leadership roles;

11 ‘‘(5) the Federal administration of education

12 for Indian children has not effected the desired level

13 of educational achievement or created the diverse op14 portunities and personal satisfaction that education

15 can and should provide;

16 ‘‘(6) true local control requires the least pos17 sible Federal interference; and

18 ‘‘(7) the time has come to enhance the concepts

19 made manifest in the Indian Self-Determination and

20 Education Assistance Act.

21 ‘‘SEC. 5203. DECLARATION OF POLICY.

22 ‘‘(a) RECOGNITION.—Congress recognizes the obliga23 tion of the United States to respond to the strong expres24 sion of the Indian people for self-determination by assur25 ing maximum Indian participation in the direction of edu-
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1 cational services so as to render such services more re2 sponsive to the needs and desires of those communities.

3 ‘‘(b) COMMITMENT.—Congress declares its commit4 ment to the maintenance of the Federal Government’s

5 unique and continuing trust relationship with and respon6 sibility to the Indian people through the establishment of

7 a meaningful Indian self-determination policy for edu8 cation which will deter further perpetuation of Federal bu9 reaucratic domination of programs.

10 ‘‘(c) NATIONAL GOAL.—Congress declares that a

11 major national goal of the United States is to provide the

12 resources, processes, and structure which will enable tribes

13 and local communities to effect the quantity and quality

14 of educational services and opportunities which will permit

15 Indian children to compete and excel in the life areas of

16 their choice and to achieve the measure of self-determina17 tion essential to their social and economic well-being.

18 ‘‘(d) EDUCATIONAL NEEDS.—Congress affirms the

19 reality of the special and unique educational needs of In20 dian peoples, including the need for programs to meet the

21 linguistic and cultural aspirations of Indian tribes and

22 communities. These may best be met through a grant

23 process.

24 ‘‘(e) FEDERAL RELATIONS.—Congress declares its

25 commitment to these policies and its support, to the full
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1 extent of its responsibility, for Federal relations with the

2 Indian Nations.

3 ‘‘(f) TERMINATION.—Congress hereby repudiates and

4 rejects House Resolution 108 of the 83d Congress and any

5 policy of unilateral termination of Federal relations with

6 any Indian Nation.

7 ‘‘SEC. 5204. GRANTS AUTHORIZED.

8 ‘‘(a) IN GENERAL.—

9 ‘‘(1) ELIGIBILITY.—The Secretary shall provide

10 grants to Indian tribes, and tribal organizations

11 that—

12 ‘‘(A) operate contract schools under title

13 XI of the Education Amendments of 1978 and

14 notify the Secretary of their election to operate

15 the schools with assistance under this part

16 rather than continuing as contract school;

17 ‘‘(B) operate other tribally controlled

18 schools eligible for assistance under this part

19 and submit applications (which are approved by

20 their tribal governing bodies) to the Secretary

21 for such grants; or

22 ‘‘(C) elect to assume operation of Bureau

23 funded schools with the assistance under this

24 part and submit applications (which are ap-
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1 proved by their tribal governing bodies) to the

2 Secretary for such grants.

3 ‘‘(2) DEPOSIT OF FUNDS.—Grants provided

4 under this part shall be deposited into the general

5 operating fund of the tribally controlled school with

6 respect to which the grant is made.

7 ‘‘(3) USE OF FUNDS.—(A) Except as otherwise

8 provided in this paragraph, grants provided under

9 this part shall be used to defray, at the discretion

10 of the school board of the tribally controlled school

11 with respect to which the grant is provided, any ex12 penditures for education related activities for which

13 any funds that compose the grant may be used

14 under the laws described in section 5205(a), includ15 ing, but not limited to, expenditures for—

16 ‘‘(i) school operations, academic, edu17 cational, residential, guidance and counseling,

18 and administrative purposes; and

19 ‘‘(ii) support services for the school, includ20 ing transportation.

21 ‘‘(B) Grants provided under this part may, at

22 the discretion of the school board of the tribally con23 trolled school with respect to which such grant is

24 provided, be used to defray operations and mainte25 nance expenditures for the school if any funds for
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1 the operation and maintenance of the school are al2 located to the school under the provisions of any of

3 the laws described in section 5205(a).

4 ‘‘(b) LIMITATIONS.—

5 ‘‘(1) ONE GRANT PER TRIBE OR ORGANIZATION

6 PER FISCAL YEAR.—Not more than one grant may

7 be provided under this part with respect to any In8 dian tribe or tribal organization for any fiscal year.

9 ‘‘(2) NONSECTARIAN USE.—Funds provided

10 under any grant made under this part may not be

11 used in connection with religious worship or sec12 tarian instruction.

13 ‘‘(3) ADMINISTRATIVE COSTS LIMITATION.—

14 Funds provided under any grant under this part

15 may not be expended for administrative costs (as de16 fined in section 1128(h)(1) of the Education Amend17 ments of 1978) in excess of the amount generated

18 for such costs under section 1128 of such Act.

19 ‘‘(c) LIMITATION ON TRANSFER OF FUNDS AMONG

20 SCHOOLSITES.—

21 ‘‘(1) IN GENERAL.—In the case of a grantee

22 that operates schools at more than one schoolsite,

23 the grantee may expend not more than the lesser

24 of—
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1 ‘‘(A) 10 percent of the funds allocated for

2 such schoolsite under section 1128 of the Edu3 cation Amendments of 1978; or

4 ‘‘(B) $400,000 of such funds, at any other

5 schoolsite.

6 ‘‘(2) DEFINITION OF SCHOOLSITE.—For pur7 poses of this subsection, the term ‘schoolsite’ means

8 the physical location and the facilities of an elemen9 tary or secondary educational or residential program

10 operated by, or under contract or grant with, the

11 Bureau for which a discreet student count is identi12 fied under the funding formula established under

13 section 1127 of the Education Amendments of 1978.

14 ‘‘(d) NO REQUIREMENT TO ACCEPT GRANTS.—

15 Nothing in this part may be construed—

16 ‘‘(1) to require a tribe or tribal organization to

17 apply for or accept; or

18 ‘‘(2) to allow any person to coerce any tribe or

19 tribal organization to apply for, or accept,

20 a grant under this part to plan, conduct, and administer

21 all of, or any portion of, any Bureau program. Such appli22 cations and the timing of such applications shall be strictly

23 voluntary. Nothing in this part may be construed as allow24 ing or requiring any grant with any entity other than the

25 entity to which the grant is provided.
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1 ‘‘(e) NO EFFECT ON FEDERAL RESPONSIBILITY.—

2 Grants provided under this part shall not terminate, mod3 ify, suspend, or reduce the responsibility of the Federal

4 Government to provide a program.

5 ‘‘(f) RETROCESSION.—

6 ‘‘(1) IN GENERAL.—Whenever a tribal gov7 erning body requests retrocession of any program for

8 which assistance is provided under this part, such

9 retrocession shall become effective upon a date speci10 fied by the Secretary that is not later than 120 days

11 after the date on which the tribal governing body re12 quests the retrocession. A later date as may be spec13 ified if mutually agreed upon by the Secretary and

14 the tribal governing body. If such a program is

15 retroceded, the Secretary shall provide to any Indian

16 tribe served by such program at least the same

17 quantity and quality of services that would have

18 been provided under such program at the level of

19 funding provided under this part prior to the ret20 rocession.

21 ‘‘(2) STATUS AFTER RETROCESSION.—The tribe

22 requesting retrocession shall specify whether the ret23 rocession is to status as a Bureau operated school

24 or as a school operated under contract under title XI

25 of the Education Amendments of 1978.
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1 ‘‘(3) TRANSFER OF EQUIPMENT AND MATE2 RIALS.—Except as otherwise determined by the Sec3 retary, the tribe or tribal organization operating the

4 program to be retroceded must transfer to the Sec5 retary (or to the tribe or tribal organization which

6 will operate the program as a contract school) the

7 existing equipment and materials which were

8 acquired—

9 ‘‘(A) with assistance under this part; or

10 ‘‘(B) upon assumption of operation of the

11 program under this part if the school was a Bu12 reau funded school under title XI of the Edu13 cation Amendments of 1978 before receiving as14 sistance under this part.

15 ‘‘(g) PROHIBITION OF TERMINATION FOR ADMINIS16 TRATIVE CONVENIENCE.—Grants provided under this

17 part may not be terminated, modified, suspended, or re18 duced solely for the convenience of the administering agen19 cy.

20 ‘‘SEC. 5205. COMPOSITION OF GRANTS.

21 ‘‘(a) IN GENERAL.—The grant provided under this

22 part to an Indian tribe or tribal organization for any fiscal

23 year shall consist of—

24 ‘‘(1) the total amount of funds allocated for

25 such fiscal year under sections 1127 and 1128 of the
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1 Education Amendments of 1978 with respect to the

2 tribally controlled schools eligible for assistance

3 under this part which are operated by such Indian

4 tribe or tribal organization, including, but not lim5 ited to, funds provided under such sections, or under

6 any other provision of law, for transportation costs;

7 ‘‘(2) to the extent requested by such Indian

8 tribe or tribal organization, the total amount of

9 funds provided from operations and maintenance ac10 counts and, notwithstanding section 105 of the In11 dian Self-Determination Act, or any other provision

12 of law, other facilities accounts for such schools for

13 such fiscal year (including but not limited to those

14 referenced under section 1126(d) of the Education

15 Amendments of 1978 or any other law); and

16 ‘‘(3) the total amount of funds that are allo17 cated to such schools for such fiscal year under—

18 ‘‘(A) title I of the Elementary and Sec19 ondary Education Act of 1965;

20 ‘‘(B) the Individuals with Disabilities Edu21 cation Act; and

22 ‘‘(C) any other Federal education law, that

23 are allocated to such schools for such fiscal

24 year.

25 ‘‘(b) SPECIAL RULES.—
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1 ‘‘(1) IN GENERAL.—(A) Funds allocated to a

2 tribally controlled school by reason of paragraph (1)

3 or (2) of subsection (a) shall be subject to the provi4 sions of this part and shall not be subject to any ad5 ditional restriction, priority, or limitation that is im6 posed by the Bureau with respect to funds provided

7 under—

8 ‘‘(i) title I of the Elementary and Sec9 ondary Education Act of 1965;

10 ‘‘(ii) the Individuals with Disabilities Edu11 cation Act; or

12 ‘‘(iii) any Federal education law other than

13 title XI of the Education Amendments of 1978.

14 ‘‘(B) Indian tribes and tribal organizations to

15 which grants are provided under this part, and trib16 ally controlled schools for which such grants are pro17 vided, shall not be subject to any requirements, obli18 gations, restrictions, or limitations imposed by the

19 Bureau that would otherwise apply solely by reason

20 of the receipt of funds provided under any law re21 ferred to in clause (i), (ii), or (iii) of subparagraph

22 (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

3 the 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

7 treated as Bureau schools for the purposes of alloca8 tion of 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

22 of 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

25 the funds expended to the Secretary. Funds received
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1 from these accounts may only be used for the pur2 pose for which they were appropriated and for the

3 work encompassed by the application or submission

4 under 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

9 other organization provides funding for the new con10 struction equal to at least 25 percent of the total

11 cost of such new construction.

12 ‘‘(C) Where the appropriations measure or the

13 application submission does not stipulate a period

14 for the work covered by the funds so designated, the

15 Secretary and the grantee shall consult and deter16 mine such a period prior to the transfer of the

17 funds. A period so determined may be extended

18 upon mutual agreement of the Secretary and the

19 grantee.

20 ‘‘(5) ENFORCEMENT OF REQUEST TO INCLUDE

21 FUNDS.—If the Secretary fails to carry out a re22 quest made under subsection (a)(2) within 180 days

23 of a request filed by an Indian tribe or tribal organi24 zation to include in such tribe or organization’s

25 grant the funds described in subsection (a)(2), the
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1 Secretary shall be deemed to have approved such re2 quest and the Secretary shall immediately amend

3 the grant accordingly. Such tribe or organization

4 may enforce its rights under subsection (a)(2) and

5 this paragraph, including any denial or failure to act

6 on such tribe or organization’s request, pursuant to

7 the disputes authority described in section 5209(e).

8 ‘‘SEC. 5206. ELIGIBILITY FOR GRANTS.

9 ‘‘(a) RULES.—

10 ‘‘(1) IN GENERAL.—A tribally controlled school

11 is eligible for assistance under this part if the

12 school—

13 ‘‘(A) on April 28, 1988, was a contract

14 school under title XI of the Education Amend15 ments of 1978 and the tribe or tribal organiza16 tion operating the school submits to the Sec17 retary a written notice of election to receive a

18 grant under this part;

19 ‘‘(B) was a Bureau operated school under

20 title XI of the Education Amendments of 1978

21 and has met the requirements of subsection (b);

22 ‘‘(C) is a school for which the Bureau has

23 not provided funds, but which has met the re24 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)

3 and which has met the requirements of sub4 section (b).

5 ‘‘(2) NEW SCHOOLS.—Any application which

6 has been submitted under the Indian Self-Deter7 mination and Education Assistance Act by an Indian

8 tribe for a school which is not in operation on the

9 date of the enactment of the No Child Left Behind

10 Act of 2001 shall be reviewed under the guidelines

11 and regulations for applications submitted under the

12 Indian Self-Determination and Education Assistance

13 Act that were in effect at the time the application

14 was submitted, unless the Indian tribe or tribal or15 ganization elects to have the application reviewed

16 under the provisions of subsection (b).

17 ‘‘(b) ADDITIONAL REQUIREMENTS FOR BUREAU

18 FUNDED SCHOOLS AND CERTAIN ELECTING SCHOOLS.—

19 ‘‘(1) BUREAU FUNDED SCHOOLS.—A school

20 that was a Bureau funded school under title XI of

21 the Education Amendments of 1978 on the date of

22 the enactment of the No Child Left Behind Act of

23 2001, and any school with respect to which an elec24 tion is made under subsection (a)(2), meets the re25 quirements of this 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

16 not later than the date that is 120 days after the

17 date on which an application is submitted to the

18 Secretary under paragraph (1)(A), the Secretary

19 shall determine—

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 as2 sistance under this part.

3 ‘‘(B) In considering applications submitted

4 under paragraph (1)(A), the Secretary—

5 ‘‘(i) shall transfer operation of the school

6 to 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 eli10 gible for assistance under this part, unless the

11 Secretary 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

23 school; 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

12 under 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

18 180 days after the date on which an application is

19 submitted to the Secretary under paragraph (1)(A),

20 the Secretary shall determine whether the school is

21 eligible 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

2 proposal—

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

16 school 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 primarily

8 based upon the geographic proximity of com9 parable public education.

10 ‘‘(D) Applications submitted under para11 graph (1)(A) shall include information on the

12 factors described in subparagraph (B)(i), but

13 the applicant may also provide the Secretary

14 such information relative to the factors de15 scribed in subparagraph (B)(ii) as the applicant

16 considers appropriate.

17 ‘‘(E) If the Secretary fails to make a de18 termination under subparagraph (A) with re19 spect to an application within 180 days after

20 the date on which the Secretary received the

21 application, the Secretary shall be treated as

22 having made a determination that the tribally

23 controlled school is eligible for assistance under

24 the title and the grant shall become effective 18

25 months after the date on which the Secretary
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1 received the application, or on an earlier date,

2 at the Secretary’s 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

8 the Director of the Office of Indian Education Pro9 grams of the Bureau of Indian Affairs. The date on

10 which such filing occurs shall, for purposes of this

11 part, be treated as the date on which the application

12 or amendment was submitted to the Secretary.

13 ‘‘(2) SUPPORTING DOCUMENTATION.—Any ap14 plication that is submitted under this chapter shall

15 be 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

21 operation of a Bureau school made under subsection (b),

22 shall become effective beginning the academic year suc23 ceeding the fiscal year in which the application for the

24 grant or transfer is made, or at an earlier date determined

25 by the Secretary.
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1 ‘‘(f) DENIAL OF APPLICATIONS.—

2 ‘‘(1) IN GENERAL.—Whenever the Secretary re3 fuses to approve a grant under this chapter, to

4 transfer operation of a Bureau school under sub5 section (b), or determines that a school is not eligi6 ble for assistance under this part, the Secretary

7 shall—

8 ‘‘(A) state the objections in writing to the

9 tribe or tribal organization within the allotted

10 time;

11 ‘‘(B) provide assistance to the tribe or trib12 al organization to overcome all stated objec13 tions.

14 ‘‘(C) at the request of the tribe or tribal

15 organization, provide the tribe or tribal organi16 zation a hearing on the record under the same

17 rules and regulations that apply under the In18 dian Self-Determination and Education Assist19 ance Act; and

20 ‘‘(D) provide an opportunity to appeal the

21 objection raised.

22 ‘‘(2) TIMELINE FOR RECONSIDERATION OF

23 AMENDED APPLICATIONS.—The Secretary shall re24 consider any amended application submitted under
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1 this part within 60 days after the amended applica2 tion is submitted to the Secretary.

3 ‘‘(g) REPORT.—The Bureau shall submit an annual

4 report to the Congress on all applications received, and

5 actions taken (including the costs associated with such ac6 tions), under this section at the same time that the Presi7 dent is required to submit to Congress the budget under

8 section 1105 of title 31, United States Code.

9 ‘‘SEC. 5207. DURATION OF ELIGIBILITY DETERMINATION.

10 ‘‘(a) IN GENERAL.—If the Secretary determines that

11 a tribally controlled school is eligible for assistance under

12 this part, the eligibility determination shall remain in ef13 fect until the determination is revoked by the Secretary,

14 and the requirements of subsection (b) or (c) of section

15 5206, if applicable, shall be considered to have been met

16 with respect to such school until the eligibility determina17 tion is revoked by the Secretary.

18 ‘‘(b) ANNUAL REPORTS.—

19 ‘‘(1) IN GENERAL.—Each recipient of a grant

20 provided under this part shall complete an annual

21 report which shall be limited to—

22 ‘‘(A) an annual financial statement report23 ing revenue and expenditures as defined by the

24 cost accounting established by the grantee;
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1 ‘‘(B) an annual financial audit conducted

2 pursuant to the standards of the Single Audit

3 Act of 1984;

4 ‘‘(C) an annual submission to the Sec5 retary of the number of students served and a

6 brief description of programs offered under the

7 grant; and

8 ‘‘(D) a program evaluation conducted by

9 an impartial evaluation review team, to be

10 based on the standards established for purposes

11 of subsection (c)(1)(A)(ii).

12 ‘‘(2) EVALUATION REVIEW TEAMS.—Where ap13 propriate, other tribally controlled schools and rep14 resentatives of tribally controlled community colleges

15 shall make up members of the evaluation review

16 teams.

17 ‘‘(3) EVALUATIONS.—In the case of a school

18 which is accredited, evaluations will be conducted at

19 intervals under the terms of accreditation.

20 ‘‘(4) SUBMISSION OF REPORT.—

21 ‘‘(A) TO TRIBALLY GOVERNING BODY.—

22 Upon completion of the report required under

23 paragraph (a), the recipient of the grant shall

24 send (via first class mail, return receipt re25 quested) a copy of such annual report to the
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1 tribal governing body (as defined in section

2 1132(f) of the Education Amendments of 1978)

3 of the tribally controlled school.

4 ‘‘(B) TO SECRETARY.—Not later than 30

5 days after receiving written confirmation that

6 the tribal governing body has received the re7 port send pursuant to subsection (A), the re8 cipient of the grant shall send a copy of the re9 port to the Secretary.

10 ‘‘(c) REVOCATION OF ELIGIBILITY.—

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

12 revoke a determination that a school is eligible for

13 assistance under this part if—

14 ‘‘(i) the Indian tribe or tribal organization

15 submits the reports required under subsection

16 (b) with respect to the school; and

17 ‘‘(ii) at least one of the following sub18 clauses applies with respect to the school:

19 ‘‘(I) The school is certified or accred20 ited by a State or regional accrediting as21 sociation or is a candidate in good stand22 ing for such accreditation under the rules

23 of the State or regional accrediting asso24 ciation, showing that credits achieved by

25 the students within the education pro-
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1 grams are, or will be, accepted at grade

2 level by a State certified or regionally ac3 credited institution.

4 ‘‘(II) A determination made by the

5 Secretary that there is a reasonable expec6 tation that the accreditation described in

7 subclause (I), or the candidacy in good

8 standing for such accreditation, will be

9 reached by the school within 3 years and

10 that the program offered by the school is

11 beneficial to the Indian students.

12 ‘‘(III) The school is accredited by a

13 tribal department of education if such ac14 creditation is accepted by a generally rec15 ognized regional or State accreditation

16 agency.

17 ‘‘(IV) The schools accept the stand18 ards promulgated under section 1121 of

19 the Education Amendments of 1978 and

20 an evaluation of performance is conducted

21 under this section in conformance with the

22 regulations pertaining to Bureau operated

23 schools by an impartial evaluator chosen

24 by the grantee, but no grantee shall be re25 quired to comply with these standards to a
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1 higher degree than a comparable Bureau

2 operated school.

3 ‘‘(V) A positive evaluation of the

4 school is conducted by an impartial eval5 uator agreed upon by the Secretary and

6 the grantee every 2 years under standards

7 adopted by the contractor under a contract

8 for a school entered into under the Indian

9 Self-Determination and Education Assist10 ance Act (or revisions of such standards

11 agreed to by the Secretary and the grant12 ee) prior to the date of the enactment of

13 this Act. If the Secretary and the grantee

14 other than the tribal governing body fail to

15 agree on such an evaluator, the tribal gov16 erning body shall choose the evaluator or

17 perform the evaluation. If the Secretary

18 and a grantee which is the tribal governing

19 body fail to agree on such an evaluator,

20 this subclause shall not apply.

21 ‘‘(B) The choice of standards employed for the

22 purpose of subparagraph (A)(ii) shall be consistent

23 with section 1121(e) of the Education Amendments

24 of 1978.
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1 ‘‘(2) NOTICE REQUIREMENTS FOR REVOCA2 TION.—The Secretary shall not revoke a determina3 tion that a school is eligible for assistance under this

4 part, or reassume control of a school that was a Bu5 reau school prior to approval of an application sub6 mitted under section 5206(b)(1)(A) until the

7 Secretary—

8 ‘‘(A) provides notice to the tribally con9 trolled school and the tribal governing body

10 (within the meaning of section 1141(14) of the

11 Education Amendments of 1978) of the tribally

12 controlled school which states—

13 ‘‘(i) the specific deficiencies that led

14 to the revocation or resumption determina15 tion; and

16 ‘‘(ii) the actions that are needed to

17 remedy such deficiencies; and

18 ‘‘(B) affords such authority an opportunity

19 to effect the remedial actions.

20 ‘‘(3) TECHNICAL ASSISTANCE.—The Secretary

21 shall provide such technical assistance as is prac22 ticable to effect such remedial actions. Such notice

23 and technical assistance shall be in addition to a

24 hearing and appeal to be conducted pursuant to the

25 regulations described in section 5206(f)(1)(C).
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1 ‘‘(d) APPLICABILITY OF SECTION PURSUANT TO

2 ELECTION UNDER SECTION 5209(b).—With respect to a

3 tribally controlled school which receives assistance under

4 this part pursuant to an election made under section

5 5209(b)—

6 ‘‘(1) subsection (b) of this section shall apply;

7 and

8 ‘‘(2) the Secretary may not revoke eligibility for

9 assistance under this part except in conformance

10 with subsection (c) of this section.

11 ‘‘SEC. 5208. PAYMENT OF GRANTS; INVESTMENT OF FUNDS.

12 ‘‘(a) PAYMENTS.—

13 ‘‘(1) IN GENERAL.—Except as otherwise pro14 vided in this subsection, the Secretary shall make

15 payments to grantees under this part in two pay16 ments, of which—

17 ‘‘(A) the first payment shall be made not

18 later than July 15 of each year in an amount

19 equal to 85 percent of the amount which the

20 grantee was entitled to receive during the pre21 ceding academic year; and

22 ‘‘(B) the second payment, consisting of the

23 remainder to which the grantee is entitled for

24 the academic year, shall be made not later than

25 December 1 of each year.
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1 ‘‘(2) NEWLY FUNDED SCHOOLS.—For any

2 school for which no payment under this part was

3 made from Bureau funds in the preceding academic

4 year, full payment of the amount computed for the

5 first academic year of eligibility under this part shall

6 be made not later than December 1 of the academic

7 year.

8 ‘‘(3) LATE FUNDING.—With regard to funds for

9 grantees that become available for obligation on Oc10 tober 1 of the fiscal year for which such funds are

11 appropriated, the Secretary shall make payments to

12 grantees not later than December 1 of the fiscal

13 year.

14 ‘‘(4) APPLICABILITY OF CERTAIN TITLE 31 PRO15 VISIONS.—The provisions of chapter 39 of Title 31,

16 United States Code, shall apply to the payments re17 quired to be made by paragraphs (1), (2), and (3).

18 ‘‘(5) RESTRICTIONS.—Paragraphs (1), (2), and

19 (3) shall be subject to any restriction on amounts of

20 payments under this part that are imposed by a con21 tinuing resolution or other Act appropriating the

22 funds involved.

23 ‘‘(b) INVESTMENT OF FUNDS.—

24 ‘‘(1) TREATMENT OF INTEREST AND INVEST25 MENT INCOME.—Notwithstanding any other provi-
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1 sion of law, any interest or investment income that

2 accrues to any funds provided under this part after

3 such funds are paid to the Indian tribe or tribal or4 ganization and before such funds are expended for

5 the purpose for which such funds were provided

6 under this part shall be the property of the Indian

7 tribe or tribal organization and shall not be taken

8 into account by any officer or employee of the Fed9 eral Government in determining whether to provide

10 assistance, or the amount of assistance, under any

11 provision of Federal law. Such interest income shall

12 be spent on behalf of the school.

13 ‘‘(2) PERMISSIBLE INVESTMENTS.—Funds pro14 vided under this part may be invested by the Indian

15 tribe or tribal organization before such funds are ex16 pended for the purposes of this part so long as such

17 funds are—

18 ‘‘(A) invested by the Indian tribe or tribal

19 organization only in obligations of the United

20 States, or in obligations or securities that are

21 guaranteed or insured by the United States, or

22 mutual (or other) funds registered with the Se23 curities and Exchange Commission and which

24 only invest in obligations of the United States,
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1 or securities that are guaranteed or insured by

2 the United States; or

3 ‘‘(B) deposited only into accounts that are

4 insure by and agency or instrumentality of the

5 United States, or are fully collateralized to en6 sure protection of the funds, even in the event

7 of a bank failure.

8 ‘‘(c) RECOVERIES.—For the purposes of under9 recovery and overrecovery determinations by any Federal

10 agency for any other funds, from whatever source derived,

11 funds received under this part shall not be taken into con12 sideration.

13 ‘‘SEC. 5209. APPLICATION WITH RESPECT TO INDIAN SELF14 DETERMINATION AND EDUCATION ASSIST15 ANCE ACT.

16 ‘‘(a) CERTAIN PROVISIONS TO APPLY TO GRANTS.—

17 The following provisions of the Indian Self-Determination

18 and Education Assistance Act (and any subsequent revi19 sions thereto or renumbering thereof), shall apply to

20 grants provided under this part:

21 ‘‘(1) Section 5(f) (relating to single agency

22 audit).

23 ‘‘(2) Section 6 (relating to criminal activities;

24 penalties).
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1 ‘‘(3) Section 7 (relating to wage and labor

2 standards).

3 ‘‘(4) Section 104 (relating to retention of Fed4 eral employee coverage).

5 ‘‘(5) Section 105(f) (relating to Federal prop6 erty).

7 ‘‘(6) Section 105(k) (relating to access to Fed8 eral sources of supply).

9 ‘‘(7) Section 105(l) (relating to lease of facility

10 used for administration and delivery of services).

11 ‘‘(8) Section 106(e) (relating to limitation on

12 remedies relating to cost allowances).

13 ‘‘(9) Section 106(i) (relating to use of funds for

14 matching or cost participation requirements).

15 ‘‘(10) Section 106(j) (relating to allowable uses

16 of funds).

17 ‘‘(11) Section 108(c) (Model Agreements provi18 sions (1)(a)(5) (relating to limitations of costs),

19 (1)(a)(7) (relating to records and monitoring),

20 (1)(a)(8) (relating to property), and (a)(1)(9) (relat21 ing to availability of funds).

22 ‘‘(12) Section 109 (relating to reassumption).

23 ‘‘(13) Section 111 (relating to sovereign immu24 nity and trusteeship rights unaffected).
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1 ‘‘(b) ELECTION FOR GRANT IN LIEU OF CON2 TRACT.—

3 ‘‘(1) IN GENERAL.—Contractors for activities to

4 which this part applies who have entered into a con5 tract under the Indian Self-Determination and Edu6 cation Assistance Act that is in effect upon the date

7 of the enactment of the No Child Left Behind Act

8 of 2001 may, by giving notice to the Secretary, elect

9 to have the provisions of this part apply to such ac10 tivity in lieu of such contract.

11 ‘‘(2) EFFECTIVE DATE OF ELECTION.—Any

12 election made under paragraph (1) shall take effect

13 on the later of—

14 ‘‘(A) October 1 of the fiscal year suc15 ceeding the fiscal year in which such election is

16 made; or

17 ‘‘(B) 60 days after the date of such elec18 tion.

19 ‘‘(3) EXCEPTION.—In any case in which the 60-

20 day period referred to in paragraph (2)(B) is less

21 than 60 days before the beginning of the succeeding

22 fiscal year, such election shall not take effect until

23 the fiscal year after the fiscal year succeeding the

24 election.
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1 ‘‘(c) NO DUPLICATION.—No funds may be provided

2 under any contract entered into under the Indian Self-De3 termination and Education Assistance Act to pay any ex4 penses incurred in providing any program or services if

5 a grant has been made under this part to pay such ex6 penses.

7 ‘‘(d) TRANSFERS AND CARRYOVERS.—

8 ‘‘(1) BUILDINGS, EQUIPMENT, SUPPLIES, MATE9 RIALS.—A tribe or tribal organization assuming the

10 operation of—

11 ‘‘(A) a Bureau school with assistance

12 under this part shall be entitled to the transfer

13 or use of buildings, equipment, supplies, and

14 materials to the same extent as if it were con15 tracting under the Indian Self-Determination

16 and Education Assistance Act; or

17 ‘‘(B) a contract school with assistance

18 under this part shall be entitled to the transfer

19 or use of buildings, equipment, supplies and

20 materials that were used in the operation of the

21 contract school to the same extent as if it were

22 contracting under the Indian Self-Determina23 tion and Education Assistance Act.

24 ‘‘(2) FUNDS.—Any tribe or tribal organization

25 which assumes operation of a Bureau school with as-
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1 sistance under this part and any tribe or tribal orga2 nization which elects to operate a school with assist3 ance under this part rather that to continue as a

4 contract school shall be entitled to any funds which

5 would carryover from the previous fiscal year as if

6 such school were operated as a contract school.

7 ‘‘(e) EXCEPTIONS, PROBLEMS, AND DISPUTES.—Any

8 exception or problem cited in an audit conducted pursuant

9 to section 5207(b)(2), any dispute regarding a grant au10 thorized to be made pursuant to this part or any amend11 ment to such grant, and any dispute involving an adminis12 trative cost grant under section 1128 of the Education

13 Amendments of 1978 shall be administered under the pro14 visions governing such exceptions, problems, or disputes

15 in the case of contracts under the Indian Self-Determina16 tion and Education Assistance Act of 1975. The Equal

17 Access to Justice Act shall apply to administrative appeals

18 filed after September 8, 1988, by grantees regarding a

19 grant under this part, including an administrative cost

20 grant.

21 ‘‘SEC. 5210. ROLE OF THE DIRECTOR.

22 ‘‘Applications for grants under this part, and all ap23 plication modifications, shall be reviewed and approved by

24 personnel under the direction and control of the Director

25 of the Office of Indian Education Programs. Required re-
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1 ports shall be submitted to education personnel under the

2 direction and control of the Director of such Office.

3 ‘‘SEC. 5211. REGULATIONS.

4 ‘‘The Secretary is authorized to issue regulations re5 lating to the discharge of duties specifically assigned to

6 the Secretary by this part. In all other matters relating

7 to the details of planning, development, implementing, and

8 evaluating grants under this part, the Secretary shall not

9 issue regulations. Regulations issued pursuant to this part

10 shall not have the standing of a Federal statute for the

11 purposes of judicial review.

12 ‘‘SEC. 5212. THE TRIBALLY CONTROLLED GRANT SCHOOL

13 ENDOWMENT PROGRAM.

14 ‘‘(a) IN GENERAL.—

15 ‘‘(1) TRUST FUNDS.—Each school receiving

16 grants under this part may establish, at a Federally

17 insured banking and savings institution, a trust fund

18 for the purposes of this section.

19 ‘‘(2) AUTHORITY OF SCHOOLS REGARDING

20 TRUST FUNDS.—The school may provide—

21 ‘‘(A) for the deposit into the trust fund,

22 only funds from non-Federal sources, except

23 that the interest on funds received from grants

24 under this part may be used for this purpose;
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1 ‘‘(B) for the deposit in the account of any

2 earnings on funds deposited in the account; and

3 ‘‘(C) for the sole use of the school any

4 noncash, in-kind contributions of real or per5 sonal property, such property may at any time

6 be converted to cash.

7 ‘‘(b) INTEREST.—Interest from the fund established

8 under subsection (a) may periodically be withdrawn and

9 used, at the discretion of the school, to defray any ex10 penses associated with the operation of the school.

11 ‘‘SEC. 5213. DEFINITIONS.

12 ‘‘For the purposes of this part:

13 ‘‘(1) BUREAU.—The term ‘Bureau’ means the

14 Bureau of Indian Affairs of the Department of the

15 Interior.

16 ‘‘(2) ELIGIBLE INDIAN STUDENT.—The term

17 ‘eligible Indian student’ has the meaning of such

18 term in section 1127(f) of the Education Amend19 ments of 1978.

20 ‘‘(3) INDIAN TRIBE.—The term ‘Indian tribe’

21 means any Indian tribe, band, nation, or other orga22 nized group or community, including Alaska Native

23 Village or regional corporations (as defined in or es24 tablished pursuant to the Alaskan Native Claims

25 Settlement Act, which is recognized as eligible for
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1 the special programs and services provided by the

2 United States to Indians because of their status as

3 Indians.

4 ‘‘(4) LOCAL EDUCATIONAL AGENCY.—The term

5 ‘local educational agency’ means a public board of

6 education or other public authority legally con7 stituted within a State for either administrative con8 trol or direction of, or to perform a service function

9 for, public elementary or secondary schools in a city,

10 county, township, school district, or other political

11 subdivision of a State or such combination of school

12 districts or counties as are recognized in a State as

13 an administrative agency for its public elementary or

14 secondary schools. Such term includes any other

15 public institution or agency having administrative

16 control and direction of a public elementary or sec17 ondary school.

18 ‘‘(5) SECRETARY.—The term ‘Secretary’ means

19 the Secretary of the Interior.

20 ‘‘(6) TRIBAL ORGANIZATION.—(A) The term

21 ‘tribal organization’ means—

22 ‘‘(i) the recognized governing body of any

23 Indian tribe; or

24 ‘‘(ii) any legally established organization of

25 Indians which—
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1 ‘‘(I) is controlled, sanctioned, or char2 tered by such governing body or is demo3 cratically elected by the adult members of

4 the Indian community to be served by such

5 organization; and

6 ‘‘(II) includes the maximum participa7 tion of Indians in all phases of its activi8 ties.

9 ‘‘(B) In any case in which a grant is provided

10 under this part to an organization to provide serv11 ices benefiting more than one Indian tribe, the ap12 proval of the governing bodies of Indian tribes rep13 resenting 80 percent of those students attending the

14 tribally controlled school shall be considered a suffi15 cient tribal authorization for such grant.

16 ‘‘(7) TRIBALLY CONTROLLED SCHOOL.—The

17 term ‘tribally controlled school’ means a school oper18 ated by a tribe or a tribal organization, enrolling

19 students in kindergarten through grade 12, includ20 ing preschools, which is not a local educational agen21 cy and which is not directly administered by the Bu22 reau of Indian Affairs.’’.
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1 SEC. 315. ACCOUNTABILITY FOR BUREAU FUNDED

2 SCHOOLS.

3 Notwithstanding the provisions of section 7102 of the

4 Elementary and Secondary Education Act of 1965, the

5 Secretary shall limit any reduction of administrative fund6 ing for the Bureau of Indian Affairs under such section

7 to no more than 50 percent of the amount that may be

8 reserved for administration under such Act.

9 TITLE IV—PROMOTING IN10 FORMED PARENTAL CHOICE

11 AND INNOVATIVE PROGRAMS

12 PART A—INNOVATIVE PROGRAMS

13 SEC. 401. INNOVATIVE PROGRAMS.

14 Title IV is amended to read as follows:

15 ‘‘TITLE IV—PROMOTING IN16 FORMED PARENTAL CHOICE

17 AND INNOVATIVE PROGRAMS

18 ‘‘PART A—INNOVATIVE PROGRAMS

19 ‘‘Subpart 1—State and Local Innovative Programs

20 ‘‘SEC. 4101. FINDINGS AND STATEMENT OF PURPOSE.

21 ‘‘(a) FINDINGS.—Congress finds that this subpart—

22 ‘‘(1) provides flexibility to meet local needs;

23 ‘‘(2) promotes local and State education re24 forms;

25 ‘‘(3) contributes to the improvement of aca26 demic achievement for all students;
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1 ‘‘(4) provides funding for critical activities; and

2 ‘‘(5) provides services for private school stu3 dents.

4 ‘‘(b) STATEMENT OF PURPOSE.—It is the purpose of

5 programs under this subpart—

6 ‘‘(1) to provide funding to enable States and

7 local educational agencies to implement promising

8 educational reform programs and school improve9 ment initiatives based on scientifically based re10 search;

11 ‘‘(2) to provide a continuing source of innova12 tion and educational improvement, including support

13 for library services and instructional and media ma14 terials; and

15 ‘‘(3) to meet the educational needs of all stu16 dents, including at-risk youth.

17 ‘‘(c) STATE AND LOCAL RESPONSIBILITY.—

18 ‘‘(1) IN GENERAL.—The States shall have the

19 basic responsibility for the administration of funds

20 made available under this subpart, but such admin21 istration shall be carried out with a minimum of pa22 perwork.

23 ‘‘(2) DESIGN AND IMPLEMENTATION.—Not24 withstanding paragraph (1), local educational agen25 cies, school superintendents and principals, and
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1 classroom teachers and supporting personnel shall be

2 mainly responsible for the design and implementa3 tion of programs assisted under this subpart, be4 cause such agencies and individuals have the most

5 direct contact with students and are most likely to

6 be able to design programs to meet the educational

7 needs of students in their own school districts.

8 ‘‘CHAPTER 1—STATE AND LOCAL

9 PROGRAMS

10 ‘‘SEC. 4111. ALLOCATION TO STATES.

11 ‘‘(a) RESERVATIONS.—From the sums appropriated

12 to carry out this subpart for each fiscal year, the Secretary

13 shall reserve not more than 1 percent for payments to out14 lying areas to be allotted in accordance with their respec15 tive needs.

16 ‘‘(b) ALLOCATION OF REMAINDER.—From the re17 mainder of such sums, the Secretary shall allocate, and

18 make available in accordance with this subpart, to each

19 State an amount which bears the same ratio to the

20 amount of such remainder as the school-age population

21 of the State bears to the school-age population of all

22 States, except that no State shall receive less than an

amount equal to 1 23 ⁄2 of 1 percent of such remainder.
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1 ‘‘SEC. 4112. ALLOCATION TO LOCAL EDUCATIONAL AGEN2 CIES.

3 ‘‘(a) DISTRIBUTION RULE.—

4 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

5 from the sums made available each year to carry out

6 this subpart, the State shall distribute not less than

7 85 percent to local educational agencies within such

8 State according to the relative enrollments in public

9 and private, nonprofit schools within the jurisdic10 tions of such agencies, adjusted, in accordance with

11 criteria approved by the Secretary, to provide higher

12 per-pupil allocations to local educational agencies

13 that have the greatest numbers or percentages of

14 children whose education imposes a higher than av15 erage cost per child, such as—

16 ‘‘(A) children living in areas with high con17 centrations of economically disadvantaged fami18 lies;

19 ‘‘(B) children from economically disadvan20 taged families; and

21 ‘‘(C) children living in sparsely populated

22 areas.

23 ‘‘(2) EXCEPTION.—100 percent of any amount

24 by which the funds paid to a State under this sub25 part for a fiscal year exceed the amount of such

26 funds paid to the State for fiscal year 2001 shall be
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1 distributed to local educational agencies and used lo2 cally for innovative assistance described in section

3 4131(b).

4 ‘‘(3) LIMITATION ON USE OF FUNDS FOR AD5 MINISTRATION.—In each fiscal year, a State may

6 use not more than 25 percent of the funds available

7 for State programs under this subpart for State ad8 ministration under section 4121.

9 ‘‘(b) CALCULATION OF ENROLLMENTS.—

10 ‘‘(1) IN GENERAL.—The calculation of relative

11 enrollments under subsection (a)(1) shall be on the

12 basis of the total of—

13 ‘‘(A) the number of children enrolled in

14 public schools; and

15 ‘‘(B) the number of children enrolled in

16 private, nonprofit schools whose parents would

17 like their children to participate in programs or

18 projects assisted under this subpart, for the fis19 cal year preceding the fiscal year for which the

20 determination is made.

21 ‘‘(2) CONSTRUCTION.—Nothing in this sub22 section shall diminish the responsibility of each local

23 educational agency to contact, on an annual basis,

24 appropriate officials from private nonprofit schools

25 within the areas served by such agencies in order to
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1 determine whether such schools desire that their

2 children participate in programs assisted under this

3 chapter.

4 ‘‘(3) ADJUSTMENTS.—

5 ‘‘(A) IN GENERAL.—Relative enrollments

6 calculated under subsection (a)(1) shall be ad7 justed, in accordance with criteria approved by

8 the Secretary under subparagraph (B), to pro9 vide higher per-pupil allocations only to local

10 educational agencies that serve the greatest

11 numbers or percentages of—

12 ‘‘(i) children living in areas with high

13 concentrations of economically disadvan14 taged families;

15 ‘‘(ii) children from economically dis16 advantaged families; or

17 ‘‘(iii) children living in sparsely popu18 lated areas.

19 ‘‘(B) CRITERIA.—The Secretary shall re20 view criteria submitted by a State for adjusting

21 allocations under paragraph (1) and shall ap22 prove such criteria only if the Secretary deter23 mines that such criteria are reasonably cal24 culated to produce an adjusted allocation that

25 reflects the relative needs of the State’s local
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1 educational agencies based on the factors set

2 forth in subparagraph (A).

3 ‘‘(c) PAYMENT OF ALLOCATIONS.—

4 ‘‘(1) DISTRIBUTION.—From the funds paid to a

5 State under this subpart for a fiscal year, a State

6 shall distribute to each eligible local educational

7 agency that has submitted an application as required

8 in section 4133 the amount of such local educational

9 agency’s allocation, as determined under subsection

10 (a).

11 ‘‘(2) ADDITIONAL FUNDS.—

12 ‘‘(A) IN GENERAL.—Additional funds re13 sulting from higher per-pupil allocations pro14 vided to a local educational agency on the basis

15 of adjusted enrollments of children described in

16 subsection (a)(1) may, in the discretion of the

17 local educational agency, be allocated for ex18 penditures to provide services for children en19 rolled in public and private, nonprofit schools in

20 direct proportion to the number of children de21 scribed in subsection (a)(1) and enrolled in

22 such schools within the local educational agen23 cy.

24 ‘‘(B) ELECTION.—In any fiscal year, any

25 local educational agency that elects to allocate
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1 such additional funds in the manner described

2 in subparagraph (A) shall allocate all additional

3 funds to schools within the local educational

4 agency in such manner.

5 ‘‘(C) CONSTRUCTION.—Subparagraphs (A)

6 and (B) may not be construed to require any

7 school to limit the use of the additional funds

8 described in subparagraph (A) to the provision

9 of services to specific students or categories of

10 students.

11 ‘‘CHAPTER 2—STATE PROGRAMS

12 ‘‘SEC. 4121. STATE USE OF FUNDS.

13 ‘‘A State may use funds made available for State use

14 under this subpart only for—

15 ‘‘(1) State administration of programs under

16 this subpart including—

17 ‘‘(A) supervision of the allocation of funds

18 to local educational agencies;

19 ‘‘(B) planning, supervision, and processing

20 of State funds; and

21 ‘‘(C) monitoring and evaluation of pro22 grams and activities under this subpart;

23 ‘‘(2) support for planning, designing, and initial

24 implementation of charter schools as described in

25 part B;
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1 ‘‘(3) statewide education reform and school im2 provement activities and technical assistance and di3 rect grants to local educational agencies which assist

4 such agencies under section 4131; and

5 ‘‘(4) support for arrangements that provide for

6 independent analysis to measure and report on

7 school district achievement.

8 ‘‘SEC. 4122. STATE APPLICATIONS.

9 ‘‘(a) APPLICATION REQUIREMENTS.—If a State

10 seeks to receive assistance under this subpart, the indi11 vidual, entity, or agency responsible for public elementary

12 and secondary education policy under the State constitu13 tion or State law shall submit to the Secretary an applica14 tion that—

15 ‘‘(1) provides for an annual statewide summary

16 of how assistance under this subpart is contributing

17 toward improving student achievement or improving

18 the quality of education for students;

19 ‘‘(2) provides information setting forth the allo20 cation of such funds required to implement section

21 4142;

22 ‘‘(3) provides that the State will keep such

23 records and provide such information to the Sec24 retary as may be required for fiscal audit and pro-
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1 gram evaluation (consistent with the responsibilities

2 of the Secretary under this section);

3 ‘‘(4) provides assurance that, apart from tech4 nical and advisory assistance and monitoring compli5 ance with this subpart, the State has not exercised

6 and will not exercise any influence in the decision7 making processes of local educational agencies as to

8 the expenditure made pursuant to an application

9 under section 4133;

10 ‘‘(5) contains assurances that there is compli11 ance with the specific requirements of this subpart;

12 and

13 ‘‘(6) provides for timely public notice and public

14 dissemination of the information provided under

15 paragraph (2).

16 ‘‘(b) STATEWIDE SUMMARY.—The statewide sum17 mary referred to in subsection (a)(1) shall be submitted

18 to the Secretary and shall be derived from the evaluation

19 information submitted by local educational agencies to the

20 State under section 4133(a)(2)(H). The format and con21 tent of such summary shall be in the discretion of the

22 State and may include statistical measures such as the

23 number of students served by each type of innovative as24 sistance described in section 4131(b), including the num25 ber of teachers trained.
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1 ‘‘(c) PERIOD OF APPLICATION.—An application filed

2 by the State under subsection (a) shall be for a period

3 not to exceed 3 years, and may be amended annually as

4 may be necessary to reflect changes without filing a new

5 application.

6 ‘‘(d) AUDIT LIMITATION.—Each local educational

7 agency receiving less than an average of $5,000 under this

8 subpart may not be audited more frequently than once

9 every 5 years.

10 ‘‘CHAPTER 3—LOCAL INNOVATIVE

11 EDUCATION PROGRAMS

12 ‘‘SEC. 4131. USE OF FUNDS.

13 ‘‘(a) IN GENERAL.—Funds made available to local

14 educational agencies under section 4112 shall be used for

15 innovative assistance programs described in subsection

16 (b).

17 ‘‘(b) INNOVATIVE ASSISTANCE.—The innovative as18 sistance programs referred to in subsection (a) may

19 include—

20 ‘‘(1) professional development activities and the

21 hiring of teachers, including activities carried out in

22 accordance with title II, that give teachers, prin23 cipals, and administrators the knowledge and skills

24 to provide students with the opportunity to meet
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1 challenging State or local academic content stand2 ards and student achievement standards;

3 ‘‘(2) technology related to the implementation

4 of school-based reform programs, including profes5 sional development to assist teachers, and other

6 school officials, regarding how to use effectively such

7 equipment and software;

8 ‘‘(3) programs for the development or acquisi9 tion and use of instructional and educational mate10 rials, including library services and materials (in11 cluding media materials), academic assessments, ref12 erence materials, computer software and hardware

13 for instructional use, and other curricular materials

14 that are tied to high academic standards, that will

15 be used to improve student achievement, and that

16 are part of an overall education reform program;

17 ‘‘(4) promising education reform projects, in18 cluding effective schools and magnet schools;

19 ‘‘(5) programs to improve the academic skills of

20 disadvantaged elementary and secondary school stu21 dents and to prevent students from dropping out of

22 school;

23 ‘‘(6) programs to combat illiteracy;

24 ‘‘(7) programs to provide for the educational

25 needs of gifted and talented children;
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1 ‘‘(8) planning, designing, and initial implemen2 tation of charter schools as described in part B;

3 ‘‘(9) school improvement programs or activities

4 under sections 1116 and 1117;

5 ‘‘(10) community service programs that use

6 qualified school personnel to train and mobilize

7 young people to measurably strengthen their com8 munities through nonviolence, responsibility, com9 passion, respect, and moral courage;

10 ‘‘(11) activities to promote consumer, economic,

11 and personal finance education, such as dissemi12 nating and encouraging the best practices for teach13 ing the basic principles of economics and promoting

14 the concept of achieving financial literacy through

15 the teaching of personal financial management skills

16 (including the basic principles involved with earning,

17 spending, saving, and investing);

18 ‘‘(12) activities to promote, implement, or ex19 pand public school choice;

20 ‘‘(13) programs to hire and support school

21 nurses;

22 ‘‘(14) expanding and improving school-based

23 mental health services, including early identification

24 of drug use and violence, assessment, and direct in25 dividual or group counseling services provided to stu-
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1 dents, parents, and school personnel by qualified

2 school based mental health services personnel;

3 ‘‘(15) alternative educational programs for

4 those students who have been expelled or suspended

5 from their regular educational setting, including pro6 grams to assist students to reenter the regular edu7 cational setting upon return from treatment or alter8 native educational programs;

9 ‘‘(16) programs to establish or enhance pre10 kindergarten programs for children ages 3 through

11 5;

12 ‘‘(17) academic intervention programs that are

13 operated jointly with community-based organizations

14 and that support academic enrichment and coun15 seling programs conducted during the school day

16 (including during extended school day or extended

17 school year programs) for students most-at-risk of

18 not meeting challenging State academic standards or

19 not completing secondary school;

20 ‘‘(18) programs for cardiopulmonary resuscita21 tion (CPR) training in schools; and

22 ‘‘(19) programs to establish smaller learning

23 communities.
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1 ‘‘SEC. 4132. ADMINISTRATIVE AUTHORITY.

2 ‘‘In order to conduct the activities authorized by this

3 subpart, each State or local educational agency may use

4 funds made available under this subpart to make grants

5 to, and to enter into contracts with, local educational

6 agencies, institutions of higher education, libraries, muse7 ums, and other public and private nonprofit agencies, or8 ganizations, and institutions, including religious organiza9 tions.

10 ‘‘SEC. 4133. LOCAL APPLICATIONS.

11 ‘‘(a) CERTIFICATION.—

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

13 or a consortium of such agencies may receive an al14 location of funds under this subpart for any year for

15 which the agency or consortium submits an applica16 tion under this section that is certified by the State

17 to meet the requirements of this section.

18 ‘‘(2) CONTENTS OF APPLICATION.—The State

19 shall certify each application that—

20 ‘‘(A) describes locally identified needs rel21 ative to the purposes of this subpart and to the

22 innovative assistance described in section

23 4131(b);

24 ‘‘(B) based on the needs identified in sub25 paragraph (A), sets forth the planned allocation

26 of funds among innovative assistance programs
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1 described in section 4131 and describes the pro2 grams, projects, and activities designed to carry

3 out such innovative assistance programs that

4 the local educational agency intends to support;

5 ‘‘(C) contains information setting forth the

6 allocation of such funds required to implement

7 section 4142;

8 ‘‘(D) describes how assistance under this

9 subpart will contribute to improving student

10 academic achievement;

11 ‘‘(E) provides assurances of compliance

12 with the provisions of this subpart, including

13 the participation of children enrolled in private,

14 nonprofit schools in accordance with section

15 4142;

16 ‘‘(F) provides assurance that the local edu17 cational agency will keep such records, and pro18 vide such information to the State as may be

19 reasonably required for fiscal audit and pro20 gram evaluation, consistent with the respon21 sibilities of the State under this subpart;

22 ‘‘(G) provides in the allocation of funds for

23 the assistance authorized by this subpart, and

24 in the design, planning, and implementation of

25 such programs, for systematic consultation with
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1 parents of children attending elementary and

2 secondary schools in the area served by the

3 local educational agency, with teachers and ad4 ministrative personnel in such schools, and with

5 other groups involved in the implementation of

6 this subpart (such as librarians, school coun7 selors, and other pupil services personnel) as

8 may be considered appropriate by the local edu9 cational agency; and

10 ‘‘(H) provides assurance that—

11 ‘‘(i) programs, services, and activities

12 will be evaluated annually;

13 ‘‘(ii) such evaluation will be used to

14 determine and implement appropriate

15 changes in program services and activities

16 for the subsequent year;

17 ‘‘(iii) such evaluation will describe

18 how assistance under this subpart contrib19 uted toward improving student academic

20 achievement; and

21 ‘‘(iv) such evaluation will be submitted

22 to the State in the time and manner re23 quested by the State.

24 ‘‘(b) TIME PERIOD TO WHICH APPLICATION RE25 LATES.—An application submitted by a local educational
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1 agency under subsection (a) may seek allocations under

2 this part for a period of time not to exceed 3 fiscal years

3 and may be amended annually as may be necessary to re4 flect changes without the filing of a new application.

5 ‘‘(c) LOCAL EDUCATIONAL AGENCY DISCRETION.—

6 ‘‘(1) IN GENERAL.—Subject to the limitations

7 and requirements of this subpart, a local educational

8 agency shall have complete discretion in determining

9 how funds made available under this chapter will be

10 divided among programs and activities described in

11 section 4131.

12 ‘‘(2) LIMITATION.—In exercising the discretion

13 described in paragraph (1), a local educational agen14 cy shall ensure that expenditures under this chapter

15 carry out the purposes of this subpart and are used

16 to meet the educational needs within the schools of

17 such local educational agency.

18 ‘‘CHAPTER 4—GENERAL PROVISIONS

19 ‘‘SEC. 4141. MAINTENANCE OF EFFORT; FEDERAL FUNDS

20 SUPPLEMENTARY.

21 ‘‘(a) MAINTENANCE OF EFFORT.—

22 ‘‘(1) IN GENERAL.—Except as provided in para23 graph (2), a State is entitled to receive its full allo24 cation of funds under this subpart for any fiscal

25 year only if the Secretary determines that either the
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1 combined fiscal effort per student or the aggregate

2 expenditures within the State with respect to the

3 provision of free public education for the fiscal year

4 preceding the fiscal year for which the determination

5 is made was not less than 90 percent of such com6 bined fiscal effort or aggregate expenditures for the

7 fiscal year that is 2 fiscal years before the fiscal year

8 for which the determination is made.

9 ‘‘(2) REDUCTION OF FUNDS.—The Secretary

10 shall reduce the amount of the allocation of funds

11 under this subpart in any fiscal year in the exact

12 proportion to which the State fails to meet the re13 quirements of paragraph (1) by falling below 90 per14 cent of both the fiscal effort per student and aggre15 gate expenditures (using the measure most favorable

16 to the State), and no such lesser amount shall be

17 used for computing the effort required under para18 graph (1) for subsequent years.

19 ‘‘(3) WAIVER.—The Secretary may waive, for 1

20 fiscal year only, the requirements of this section if

21 the Secretary determines that such a waiver would

22 be equitable due to exceptional or uncontrollable cir23 cumstances such as a natural disaster or a precipi24 tous and unforeseen decline in the financial re25 sources of the State.
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1 ‘‘(b) FEDERAL FUNDS SUPPLEMENTARY.—A State

2 or local educational agency may use and allocate funds

3 received under this subpart only to supplement and, to the

4 extent practical, to increase the level of funds that would,

5 in the absence of Federal funds made available under this

6 subpart, be made available from non-Federal sources, and

7 in no case may such funds be used so as to supplant funds

8 from non-Federal sources.

9 ‘‘SEC. 4142. PARTICIPATION OF CHILDREN ENROLLED IN

10 PRIVATE SCHOOLS.

11 ‘‘(a) PARTICIPATION ON EQUITABLE BASIS.—

12 ‘‘(1) IN GENERAL.—To the extent consistent

13 with the number of children in the school district of

14 a local educational agency which is eligible to receive

15 funds under this subpart or which serves the area in

16 which a program or project assisted under this sub17 part is located, who are enrolled in private nonprofit

18 elementary and secondary schools, or with respect to

19 instructional or personnel training programs funded

20 by the State from funds made available for State

21 use, such agency, after consultation with appropriate

22 private school officials—

23 ‘‘(A) shall provide for the benefit of such

24 children in such schools secular, neutral, and

25 nonideological services, materials, and equip-
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1 ment, including the participation of the teach2 ers of such children (and other educational per3 sonnel serving such children) in training pro4 grams, and the repair or minor remodeling of

5 public facilities as may be necessary for their

6 provision (consistent with subsection (c) of this

7 section); or

8 ‘‘(B) if such services, materials, and equip9 ment are not feasible or necessary in one or

10 more such private schools as determined by the

11 local educational agency after consultation with

12 the appropriate private school officials, shall

13 provide such other arrangements as will assure

14 equitable participation of such children in the

15 purposes and benefits of this subpart.

16 ‘‘(2) OTHER PROVISIONS FOR SERVICES.—If no

17 program or project is carried out under paragraph

18 (1) in the school district of a local educational agen19 cy, the State shall make arrangements, such as

20 through contracts with nonprofit agencies or organi21 zations, under which children in private schools in

22 such district are provided with services and mate23 rials to the extent that would have occurred if the

24 local educational agency had received funds under

25 this subpart.
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1 ‘‘(3) APPLICATION OF REQUIREMENTS.—The

2 requirements of this section relating to the participa3 tion of children, teachers, and other personnel serv4 ing such children shall apply to programs and

5 projects carried out under this subpart by a State or

6 local educational agency, whether directly or through

7 grants to or contracts with other public or private

8 agencies, institutions, or organizations.

9 ‘‘(b) EQUAL EXPENDITURES.—

10 ‘‘(1) IN GENERAL.—Expenditures for programs

11 pursuant to subsection (a) shall be equal (consistent

12 with the number of children to be served) to expend13 itures for programs under this subpart for children

14 enrolled in the public schools of the local educational

15 agency.

16 ‘‘(2) CONCENTRATED PROGRAMS.—Taking into

17 account the needs of the individual children and

18 other factors which relate to the expenditures re19 ferred to in paragraph (1), and when funds available

20 to a local educational agency under this subpart are

21 used to concentrate programs or projects on a par22 ticular group, attendance area, or grade or age level,

23 children enrolled in private schools who are included

24 within the group, attendance area, or grade or age

25 level selected for such concentration shall, after con-
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1 sultation with the appropriate private school offi2 cials, be assured equitable participation in the pur3 poses and benefits of such programs or projects.

4 ‘‘(c) ADMINISTRATIVE RULES.—

5 ‘‘(1) FUNDS AND PROPERTY.—The control of

6 funds provided under this subpart, and title to mate7 rials, equipment, and property repaired, remodeled,

8 or constructed with such funds, shall be in a public

9 agency for the uses and purposes provided in this

10 subpart, and a public agency shall administer such

11 funds and property.

12 ‘‘(2) PROVISION OF SERVICES.—The provision

13 of services pursuant to this subpart shall be provided

14 by employees of a public agency or through contract

15 by such public agency with a person, an association,

16 agency, or corporation who or which, in the provi17 sion of such services, is independent of such private

18 school and of any religious organizations, and such

19 employment or contract shall be under the control

20 and supervision of such public agency, and the funds

21 provided under this subpart shall not be commingled

22 with State or local funds.

23 ‘‘(d) WAIVER.—

24 ‘‘(1) STATE PROHIBITION WAIVER.—If by rea25 son of any provision of law a State or local edu-
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1 cational agency is prohibited from providing for the

2 participation in programs of children enrolled in pri3 vate elementary and secondary schools, as required

4 by this section, the Secretary shall waive such re5 quirements and shall arrange for the provision of

6 services to such children through arrangements

7 which shall be subject to the requirements of this

8 section.

9 ‘‘(2) FAILURE TO COMPLY.—If the Secretary

10 determines that a State or a local educational agen11 cy has substantially failed or is unwilling to provide

12 for the participation on an equitable basis of chil13 dren enrolled in private elementary and secondary

14 schools as required by this section, the Secretary

15 may waive such requirements and shall arrange for

16 the provision of services to such children through ar17 rangements which shall be subject to the require18 ments of this section.

19 ‘‘(e) WITHHOLDING OF ALLOCATION.—Pending final

20 resolution of any investigation or complaint that could re21 sult in a waiver under subsection (d)(1) or (d)(2), the Sec22 retary may withhold from the allocation of the affected

23 State or local educational agency the amount estimated

24 by the Secretary to be necessary to pay the cost of services

25 to be provided by the Secretary under such subsection.
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1 ‘‘(f) TERM OF DETERMINATIONS.—Any determina2 tion by the Secretary under this section shall continue in

3 effect until the Secretary determines that there will no

4 longer be any failure or inability on the part of the State

5 or local educational agency to meet the requirements of

6 subsections (a) and (b).

7 ‘‘(g) PAYMENT FROM STATE ALLOTMENT.—When

8 the Secretary arranges for services pursuant to this sec9 tion, the Secretary shall, after consultation with the ap10 propriate public and private school officials, pay the cost

11 of such services, including the administrative costs of ar12 ranging for those services, from the appropriate allotment

13 of the State under this subpart.

14 ‘‘(h) REVIEW.—

15 ‘‘(1) WRITTEN OBJECTIONS.—The Secretary

16 shall not take any final action under this section

17 until the State and the local educational agency af18 fected by such action have had an opportunity, for

19 not less than 45 days after receiving written notice

20 thereof, to submit written objections and to appear

21 before the Secretary or the Secretary’s designee to

22 show cause why that action should not be taken.

23 ‘‘(2) COURT ACTION.—If a State or local edu24 cational agency is dissatisfied with the Secretary’s

25 final action after a proceeding under paragraph (1),
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1 such agency may, not later than 60 days after notice

2 of such action, file with the United States court of

3 appeals for the circuit in which such State is located

4 a petition for review of that action. A copy of the

5 petition shall be transmitted by the clerk of the

6 court to the Secretary. The Secretary thereupon

7 shall file in the court the record of the proceedings

8 on which the Secretary based this action, as pro9 vided in section 2112 of title 28, United States

10 Code.

11 ‘‘(3) REMAND TO SECRETARY.—The findings of

12 fact by the Secretary, if supported by substantial

13 evidence, shall be conclusive; but the court, for good

14 cause shown, may remand the case to the Secretary

15 to take further evidence and the Secretary may

16 make new or modified findings of fact and may mod17 ify the Secretary’s previous action, and shall file in

18 the court the record of the further proceedings. Such

19 new or modified findings of fact shall likewise be

20 conclusive if supported by substantial evidence.

21 ‘‘(4) COURT REVIEW.—Upon the filing of such

22 petition, the court shall have jurisdiction to affirm

23 the action of the Secretary or to set such action

24 aside, in whole or in part. The judgment of the court

25 shall be subject to review by the Supreme Court of
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1 the United States upon certiorari or certification as

2 provided in section 1254 of title 28, United States

3 Code.

4 ‘‘(i) PRIOR DETERMINATION.—Any bypass deter5 mination by the Secretary under chapter 2 of title I of

6 this Act (as such chapter was in effect on the day pre7 ceding the date of enactment of the Improving America’s

8 Schools Act of 1994) shall, to the extent consistent with

9 the purposes of this title, apply to programs under this

10 title.

11 ‘‘SEC. 4143. FEDERAL ADMINISTRATION.

12 ‘‘(a) TECHNICAL ASSISTANCE.—The Secretary, upon

13 request, shall provide technical assistance to States and

14 local educational agencies under this subpart.

15 ‘‘(b) RULEMAKING.—The Secretary shall issue regu16 lations under this subpart only to the extent that such

17 regulations are necessary to ensure that there is compli18 ance with the specific requirements and assurances re19 quired by this subpart.

20 ‘‘(c) AVAILABILITY OF APPROPRIATIONS.—Notwith21 standing any other provision of law, unless expressly in

22 limitation of this subsection, funds appropriated in any

23 fiscal year to carry out activities under this subpart shall

24 become available for obligation on July 1 of such fiscal
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1 year and shall remain available for obligation until the end

2 of the subsequent fiscal year.

3 ‘‘SEC. 4144. DEFINITIONS.

4 ‘‘In this subpart, the following definitions apply:

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

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

7 through 17.

8 ‘‘(2) STATE.—The term ‘State’ means each of

9 the 50 States, the District of Columbia, and the

10 Commonwealth of Puerto Rico.

11 ‘‘SEC. 4145. AUTHORIZATION OF APPROPRIATIONS.

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

13 this subpart $450,000,000 for fiscal year 2002 and such

14 sums as may be necessary for each of fiscal years 2003

15 through 2006.

16 ‘‘Subpart 2—Arts Education

17 ‘‘SEC. 4151. ASSISTANCE FOR ARTS EDUCATION.

18 ‘‘(a) FINDINGS.—The Congress finds that—

19 ‘‘(1) every student can benefit from an edu20 cation in the arts;

21 ‘‘(2) a growing body of research indicates that

22 education in the arts may provide cognitive benefits

23 and bolster academic achievement, beginning at an

24 early age and continuing through secondary school;
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1 ‘‘(3) qualified arts teachers and a sequential

2 curriculum are the basis and core for substantive

3 arts education for students;

4 ‘‘(4) the arts should be taught according to rig5 orous academic standards under arts education pro6 grams that provide mechanisms under which edu7 cators are accountable to parents, school officials,

8 and the community;

9 ‘‘(5) opportunities to participate in the arts

10 have enabled individuals with disabilities of all ages

11 to participate more fully in school and community

12 activities; and

13 ‘‘(6) arts education is a valuable part of the ele14 mentary and secondary school curriculum.

15 ‘‘(b) PURPOSES.—The purposes of this subpart are

16 to—

17 ‘‘(1) support systemic education reform by

18 strengthening arts education as an integral part of

19 the elementary and secondary school curriculum;

20 and

21 ‘‘(2) help ensure that all students meet chal22 lenging State academic content standards and chal23 lenging State student academic achievement stand24 ards in the arts.
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1 ‘‘(c) AUTHORITY.—In accordance with this subpart,

2 the Secretary may make grants to, or enter into contracts

3 or cooperative agreements with, eligible entities described

4 in subsection (d).

5 ‘‘(d) ELIGIBLE ENTITIES.—The Secretary may make

6 assistance available under subsection (c) to each of the

7 following entities:

8 ‘‘(1) States.

9 ‘‘(2) Local educational agencies.

10 ‘‘(3) Institutions of higher education.

11 ‘‘(4) Museums or other cultural institutions.

12 ‘‘(5) Any other public or private agencies, insti13 tutions, and organizations.

14 ‘‘(e) USE OF FUNDS.—Assistance made available

15 under this subpart may be used only for—

16 ‘‘(1) research on arts education;

17 ‘‘(2) planning, developing, acquiring, expanding,

18 improving, or disseminating model school-based arts

19 education programs;

20 ‘‘(3) the development of model State arts edu21 cation assessments based on State academic stand22 ards;

23 ‘‘(4) the development and implementation of

24 curriculum frameworks for arts education;
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1 ‘‘(5) the development of model inservice profes2 sional development programs for arts educators and

3 other instructional staff;

4 ‘‘(6) supporting collaborative activities with

5 Federal agencies or institutions, arts educators, and

6 organizations representing the arts, including State

7 and local arts agencies involved in arts education;

8 ‘‘(7) supporting model projects or programs in

9 the performing arts for children and youth or pro10 grams which assure the participation in mainstream

11 settings in arts and education programs of individ12 uals with disabilities through arrangements made

13 with organizations such as the John F. Kennedy

14 Center for the Performing Arts and VSA arts;

15 ‘‘(8) supporting model projects or programs to

16 integrate arts education into the regular elementary

17 and secondary school curriculum; or

18 ‘‘(9) other activities that further the purposes

19 of this subpart.

20 ‘‘(f) CONDITIONS.—As conditions of receiving assist21 ance made available under this subpart, the Secretary

22 shall require each entity receiving such assistance—

23 ‘‘(1) to coordinate, to the extent practicable,

24 each project or program carried out with such assist25 ance with appropriate activities of public or private
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1 cultural agencies, institutions, and organizations, in2 cluding museums, arts education associations, librar3 ies, and theaters; and

4 ‘‘(2) to use such assistance only to supplement

5 and not to supplant any other assistance or funds

6 made available from non-Federal sources for the ac7 tivities assisted under this subpart.

8 ‘‘(g) CONSULTATION.—In carrying out this part, the

9 Secretary shall consult with Federal agencies or institu10 tions, arts educators (including professional arts education

11 associations), and organizations representing the arts in12 cluding State and local arts agencies involved in arts edu13 cation.

14 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There

15 are authorized to be appropriated to carry out this subpart

16 such sums as may be necessary for each of fiscal years

17 2002 through 2006.

18 ‘‘Subpart 3—Gifted and Talented Children

19 ‘‘SEC. 4161. SHORT TITLE.

20 ‘‘This subpart may be cited as the ‘Jacob K. Javits

21 Gifted and Talented Students Education Act of 2001’.

22 ‘‘SEC. 4162. FINDINGS AND PURPOSE.

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

24 ‘‘(1) While the families and communities of

25 some gifted and talented students can provide pri-
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1 vate educational programs with appropriately

2 trained staff to supplement public educational offer3 ings, most gifted and talented students, especially

4 those from inner cities, rural communities, or low-in5 come families, must rely on the services and per6 sonnel available in public schools. In order to ensure

7 that there are equal educational opportunities for all

8 gifted and talented students in the United States,

9 the public schools should provide gifted and talented

10 education programs carried out by qualified profes11 sionals.

12 ‘‘(2) Due to the wide dispersal of students who

13 are gifted and talented and the national interest in

14 a well-educated populace, it is the Federal Govern15 ment that can most effectively and appropriately

16 conduct scientifically based research and develop17 ment to ensure that there is a national capacity to

18 educate students who are gifted and talented in the

19 21st century.

20 ‘‘(3) Many State and local educational agencies

21 lack the specialized resources and trained personnel

22 necessary to consistently plan and implement effec23 tive programs for the identification of gifted and tal24 ented students and for the provision of educational
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1 services and programs appropriate for the needs of

2 such students.

3 ‘‘(4) Because gifted and talented students are

4 generally more advanced academically, are generally

5 able to learn more quickly, and generally study in

6 more depth and complexity than others their age,

7 they require educational opportunities and experi8 ences that are different from those usually available

9 to other students.

10 ‘‘(5) A typical elementary school student who is

11 academically gifted and talented has already mas12 tered 35 to 50 percent of the content to be learned

13 in several subjects in any school year before that

14 year begins. Without an advanced and challenging

15 curriculum, such a student may lose motivation and

16 develop poor study habits that are difficult to break.

17 ‘‘(6) Classes in elementary and secondary

18 schools in the United States consist of students with

19 a wide variety of traits, characteristics, and needs.

20 Although most teachers receive some training to

21 meet the needs of students with limited English pro22 ficiency, students with disabilities, and students

23 from diverse cultural and racial backgrounds, few re24 ceive training to meet the needs of students who are

25 gifted and talented.
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1 ‘‘(b) PURPOSE.—The purpose of this subpart is to

2 initiate a coordinated program of scientifically based re3 search, demonstration projects, innovative strategies, and

4 similar activities designed to build and enhance the ability

5 of elementary and secondary schools nationwide to meet

6 the special educational needs of gifted and talented stu7 dents.

8 ‘‘SEC. 4163. RULE OF CONSTRUCTION.

9 Nothing in this subpart shall be construed to prohibit

10 a recipient of funds under this subpart from serving gifted

11 and talented students simultaneously with students with

12 similar educational needs, in the same educational settings

13 where appropriate.

14 ‘‘SEC. 4164. AUTHORIZED PROGRAMS.

15 ‘‘(a) ESTABLISHMENT OF PROGRAM.—

16 ‘‘(1) IN GENERAL.—From the sums available to

17 carry out this subpart in any fiscal year, the Sec18 retary (after consultation with experts in the field of

19 the education of gifted and talented students) shall

20 make grants to, or enter into contracts with, State

21 educational agencies, local educational agencies, in22 stitutions of higher education, other public agencies,

23 and other private agencies and organizations (includ24 ing Indian tribes and Indian organizations (as such

25 terms are defined in section 4 of the Indian Self-De-
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1 termination and Education Assistance Act (25

2 U.S.C. 450b)) and Native Hawaiian organizations)

3 to assist such agencies, institutions, and organiza4 tions in carrying out programs or projects author5 ized by this subpart that are designed to meet the

6 educational needs of gifted and talented students, in7 cluding the training of personnel in the education of

8 gifted and talented students and in the use, where

9 appropriate, of gifted and talented services, mate10 rials, and methods for all students.

11 ‘‘(2) APPLICATION.—

12 ‘‘(A) IN GENERAL.—Each entity seeking

13 assistance under this subpart shall submit an

14 application to the Secretary at such time, in

15 such manner, and containing such information

16 as the Secretary may reasonably require.

17 ‘‘(B) CONTENTS.—Each application sub18 mitted under this paragraph shall describe

19 how—

20 ‘‘(i) the proposed gifted and talented

21 services, materials, and methods can be

22 adapted, if appropriate, for use by all stu23 dents; and

24 ‘‘(ii) the proposed programs can be

25 evaluated.
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1 ‘‘(b) USE OF FUNDS.—Programs and projects as2 sisted under this section may include each of the following:

3 ‘‘(1) Conducting—

4 ‘‘(A) scientifically based research on meth5 ods and techniques for identifying and teaching

6 gifted and talented students, and for using gift7 ed and talented programs and methods to serve

8 all students; and

9 ‘‘(B) program evaluations, surveys, and the

10 collection, analysis, and development of infor11 mation needed to accomplish the purpose of this

12 subpart.

13 ‘‘(2) Professional development (including fellow14 ships) for personnel (including leadership personnel)

15 involved in the education of gifted and talented stu16 dents.

17 ‘‘(3) Establishment and operation of model

18 projects and exemplary programs for serving gifted

19 and talented students, including innovative methods

20 for identifying and educating students who may not

21 be served by traditional gifted and talented pro22 grams, including summer programs, mentoring pro23 grams, service learning programs, and cooperative

24 programs involving business, industry, and edu25 cation.
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1 ‘‘(4) Implementing innovative strategies, such

2 as cooperative learning, peer tutoring, and service

3 learning.

4 ‘‘(5) Programs of technical assistance and in5 formation dissemination, including assistance and

6 information with respect to how gifted and talented

7 programs and methods, where appropriate, may be

8 adapted for use by all students.

9 ‘‘(c) ESTABLISHMENT OF NATIONAL CENTER.—

10 ‘‘(1) IN GENERAL.—The Secretary (after con11 sultation with experts in the field of the education

12 of gifted and talented students) shall establish a Na13 tional Center for Research and Development in the

14 Education of Gifted and Talented Children and

15 Youth through grants to or contracts with one or

16 more institutions of higher education or State edu17 cational agencies, or a combination or consortium of

18 such institutions and agencies and other public or

19 private agencies and organizations, for the purpose

20 of carrying out activities described in paragraph (1)

21 of subsection (b).

22 ‘‘(2) DIRECTOR.—The National Center estab23 lished under paragraph (1) shall be headed by a Di24 rector. The Secretary may authorize the Director to

25 carry out such functions of the National Center as
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1 may be agreed upon through arrangements with in2 stitutions of higher education, State or local edu3 cational agencies, or other public or private agencies

4 and organizations.

5 ‘‘(d) LIMITATION.—Not more than 30 percent of the

6 funds available in any fiscal year to carry out the pro7 grams and projects authorized by this section may be used

8 to conduct activities pursuant to subsection (b)(1) or sub9 section (c).

10 ‘‘(e) COORDINATION.—Scientifically based research

11 activities supported under this subpart—

12 ‘‘(1) shall be carried out in consultation with

13 the Office of Educational Research and Improve14 ment to ensure that such activities are coordinated

15 with and enhance the research and development ac16 tivities supported by such Office; and

17 ‘‘(2) may include collaborative scientifically

18 based research activities which are jointly funded

19 and carried out with such Office.

20 ‘‘SEC. 4165. PROGRAM PRIORITIES.

21 ‘‘(a) GENERAL PRIORITY.—In carrying out this sub22 part, the Secretary shall give highest priority to programs

23 and projects designed to develop new information that—
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1 ‘‘(1) improves the capability of schools to plan,

2 conduct, and improve programs to identify and serve

3 gifted and talented students; and

4 ‘‘(2) assists schools in the identification of, and

5 provision of services to, gifted and talented students

6 who may not be identified and served through tradi7 tional assessment methods (including economically

8 disadvantaged individuals, individuals of limited

9 English proficiency, and individuals with disabil10 ities).

11 ‘‘(b) SERVICE PRIORITY.—In approving applications

12 for assistance under section 4164(a)(2), the Secretary

13 shall ensure that in each fiscal year not less than 50 per14 cent of the applications approved under such section ad15 dress the priority described in subsection (a)(2) of this

16 section.

17 ‘‘SEC. 4166. GENERAL PROVISIONS.

18 ‘‘(a) PARTICIPATION OF PRIVATE SCHOOL CHILDREN

19 AND TEACHERS.—In making grants and entering into

20 contracts under this subpart, the Secretary shall ensure,

21 where appropriate, that provision is made for the equitable

22 participation of students and teachers in private nonprofit

23 elementary and secondary schools, including the participa24 tion of teachers and other personnel in professional devel25 opment programs serving such children.
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1 ‘‘(b) REVIEW, DISSEMINATION, AND EVALUATION.—

2 The Secretary shall—

3 ‘‘(1) use a peer review process in reviewing ap4 plications under this subpart;

5 ‘‘(2) ensure that information on the activities

6 and results of programs and projects funded under

7 this subpart is disseminated to appropriate State

8 and local educational agencies and other appropriate

9 organizations, including nonprofit private organiza10 tions; and

11 ‘‘(3) evaluate the effectiveness of programs

12 under this subpart in accordance with section 8651,

13 both in terms of the impact on students traditionally

14 served in separate gifted and talented programs and

15 on other students, and submit the results of such

16 evaluation to the Congress not later than 2 years

17 after the date of the enactment of the No Child Left

18 Behind Act of 2001.

19 ‘‘(c) PROGRAM OPERATIONS.—The Secretary shall

20 ensure that the programs under this subpart are adminis21 tered within the Department by a person who has recog22 nized professional qualifications and experience in the field

23 of the education of gifted and talented students and who

24 shall—
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1 ‘‘(1) administer and coordinate the programs

2 authorized under this subpart;

3 ‘‘(2) serve as a focal point of national leader4 ship and information on the educational needs of

5 gifted and talented students and the availability of

6 educational services and programs designed to meet

7 such needs; and

8 ‘‘(3) assist the Assistant Secretary of the Office

9 of Educational Research and Improvement in identi10 fying research priorities which reflect the needs of

11 gifted and talented students.

12 ‘‘SEC. 4167. AUTHORIZATION OF APPROPRIATIONS.

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

14 this subpart such sums as may be necessary for each of

15 fiscal years 2002 through 2006.’’.

16 SEC. 402. CONTINUATION OF AWARDS.

17 Notwithstanding any other provision of this Act, any

18 person or agency that was awarded a grant under part

19 B or D of title X (20 U.S.C. 8031 et seq., 8091 et seq.)

20 prior to the date of the enactment of this Act shall con21 tinue to receive funds in accordance with the terms of such

22 award until the date on which the award period terminates

23 under such terms.
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1 PART B—PUBLIC CHARTER SCHOOLS

2 SEC. 411. PUBLIC CHARTER SCHOOLS.

3 Title IV, as amended by section 401, is further

4 amended by adding at the end the following:

5 ‘‘PART B—PUBLIC CHARTER SCHOOLS

6 ‘‘SEC. 4201. FINDINGS AND PURPOSE.

7 ‘‘(a) FINDINGS.—The Congress finds that—

8 ‘‘(1) enhancement of parent and student choices

9 among public schools can assist in promoting com10 prehensive educational reform and give more stu11 dents the opportunity to meet challenging State aca12 demic content standards and State student academic

13 achievement standards, if sufficiently diverse and

14 high-quality choices, and genuine opportunities to

15 take advantage of such choices, are available to all

16 students;

17 ‘‘(2) useful examples of such choices can come

18 from States and communities that experiment with

19 methods of offering teachers and other educators,

20 parents, and other members of the public the oppor21 tunity to design and implement new public schools

22 and to transform existing public schools;

23 ‘‘(3) charter schools are a mechanism for test24 ing a variety of educational approaches and should,

25 therefore, be exempted from restrictive rules and

26 regulations if the leadership of such schools commits
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1 to attaining specific and ambitious educational re2 sults for educationally disadvantaged students con3 sistent with challenging State academic content

4 standards and State student academic achievement

5 standards for all students;

6 ‘‘(4) charter schools can embody the necessary

7 mixture of enhanced choice, exemption from restric8 tive regulations, and a focus on learning gains;

9 ‘‘(5) charter schools, including charter schools

10 that are schools-within-schools, can help reduce

11 school size, and this reduction can have a significant

12 effect on student achievement;

13 ‘‘(6) the Federal Government should test, evalu14 ate, and disseminate information on a variety of

15 charter school models in order to help demonstrate

16 the benefits of this promising educational reform;

17 and

18 ‘‘(7) there is a strong documented need for

19 cash-flow assistance to charter schools that are

20 starting up, because State and local operating rev21 enue streams are not immediately available.

22 ‘‘(b) PURPOSE.—It is the purpose of this part to in23 crease national understanding of the charter schools model

24 by—
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1 ‘‘(1) providing financial assistance for the plan2 ning, program design and initial implementation of

3 charter schools;

4 ‘‘(2) evaluating the effects of such schools, in5 cluding the effects on students, student academic

6 achievement, staff, and parents; and

7 ‘‘(3) expanding the number of high-quality

8 charter schools available to students across the Na9 tion.

10 ‘‘SEC. 4202. PROGRAM AUTHORIZED.

11 ‘‘(a) IN GENERAL.—The Secretary may award grants

12 to State educational agencies having applications approved

13 pursuant to section 4203 to enable such agencies to con14 duct a charter school grant program in accordance with

15 this part.

16 ‘‘(b) SPECIAL RULE.—If a State educational agency

17 elects not to participate in the program authorized by this

18 part or does not have an application approved under sec19 tion 4203, the Secretary may award a grant to an eligible

20 applicant that serves such State and has an application

21 approved pursuant to section 4203(c).

22 ‘‘(c) PROGRAM PERIODS.—

23 ‘‘(1) GRANTS TO STATES.—Grants awarded to

24 State educational agencies under this part shall be

25 awarded for a period of not more than 3 years.
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1 ‘‘(2) GRANTS TO ELIGIBLE APPLICANTS.—

2 Grants awarded by the Secretary to eligible appli3 cants or subgrants awarded by State educational

4 agencies to eligible applicants under this part shall

5 be awarded for a period of not more than 3 years,

6 of which the eligible applicant may use—

7 ‘‘(A) not more than 18 months for plan8 ning and program design;

9 ‘‘(B) not more than 2 years for the initial

10 implementation of a charter school; and

11 ‘‘(C) not more than 2 years to carry out

12 dissemination activities described in section

13 4204(f)(6)(B).

14 ‘‘(d) LIMITATION.—A charter school may not

15 receive—

16 ‘‘(1) more than one grant for activities de17 scribed in subparagraphs (A) and (B) of subsection

18 (c)(2); or

19 ‘‘(2) more than one grant for activities under

20 subparagraph (C) of subsection (c)(2).

21 ‘‘(e) PRIORITY TREATMENT.—

22 ‘‘(1) IN GENERAL.—In awarding grants under

23 this part from any funds appropriated under section

24 4211, the Secretary shall give priority to States to

25 the extent that the States meet the criteria described
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1 in paragraph (2) and one or more of the criteria de2 scribed in subparagraph (A), (B), or (C) of para3 graph (3).

4 ‘‘(2) REVIEW AND EVALUATION PRIORITY CRI5 TERIA.—The criteria referred to in paragraph (1) is

6 that the State provides for periodic review and eval7 uation by the authorized public chartering agency of

8 each charter school, at least once every 5 years un9 less required more frequently by State law, to deter10 mine whether the charter school is meeting the

11 terms of the school’s charter, and is meeting or ex12 ceeding the academic performance requirements and

13 goals for charter schools as set forth under State

14 law or the school’s charter.

15 ‘‘(3) PRIORITY CRITERIA.—The criteria referred

16 to in paragraph (1) are the following:

17 ‘‘(A) The State has demonstrated progress,

18 in increasing the number of high quality charter

19 schools that are held accountable in the terms

20 of the schools’ charters for meeting clear and

21 measurable objectives for the educational

22 progress of the students attending the schools,

23 in the period prior to the period for which a

24 State educational agency or eligible applicant

25 applies for a grant under this part.
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1 ‘‘(B) The State—

2 ‘‘(i) provides for one authorized public

3 chartering agency that is not a local edu4 cational agency, such as a State chartering

5 board, for each individual or entity seeking

6 to operate a charter school pursuant to

7 such State law; or

8 ‘‘(ii) in the case of a State in which

9 local educational agencies are the only au10 thorized public chartering agencies, allows

11 for an appeals process for the denial of an

12 application for a charter school.

13 ‘‘(C) The State ensures that each charter

14 school has a high degree of autonomy over the

15 charter school’s budgets and expenditures.

16 ‘‘(f) AMOUNT CRITERIA.—In determining the amount

17 of a grant to be awarded under this part to a State edu18 cational agency, the Secretary shall take into consider19 ation the number of charter schools that are operating,

20 or are approved to open, in the State.

21 ‘‘SEC. 4203. APPLICATIONS.

22 ‘‘(a) APPLICATIONS FROM STATE AGENCIES.—Each

23 State educational agency desiring a grant from the Sec24 retary under this part shall submit to the Secretary an

25 application at such time, in such manner, and containing
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1 or accompanied by such information as the Secretary may

2 require.

3 ‘‘(b) CONTENTS OF A STATE EDUCATIONAL AGENCY

4 APPLICATION.—Each application submitted pursuant to

5 subsection (a) shall—

6 ‘‘(1) describe the objectives of the State edu7 cational agency’s charter school grant program and

8 how such objectives will be fulfilled, including steps

9 taken by the State educational agency to inform

10 teachers, parents, and communities of the State edu11 cational agency’s charter school grant program; and

12 ‘‘(2) describe how the State educational

13 agency—

14 ‘‘(A) will inform each charter school in the

15 State regarding—

16 ‘‘(i) Federal funds that the charter

17 school is eligible to receive; and

18 ‘‘(ii) Federal programs in which the

19 charter school may participate;

20 ‘‘(B) will ensure that each charter school

21 in the State receives the charter school’s com22 mensurate share of Federal education funds

23 that are allocated by formula each year, includ24 ing during the first year of operation of the

25 charter school; and
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1 ‘‘(C) will disseminate best or promising

2 practices of charter schools to each local edu3 cational agency in the State; and

4 ‘‘(3) contain assurances that the State edu5 cational agency will require each eligible applicant

6 desiring to receive a subgrant to submit an applica7 tion to the State educational agency containing—

8 ‘‘(A) a description of the educational pro9 gram to be implemented by the proposed char10 ter school, including—

11 ‘‘(i) how the program will enable all

12 students to meet challenging State student

13 academic achievement standards;

14 ‘‘(ii) the grade levels or ages of chil15 dren to be served; and

16 ‘‘(iii) the curriculum and instructional

17 practices to be used;

18 ‘‘(B) a description of how the charter

19 school will be managed;

20 ‘‘(C) a description of—

21 ‘‘(i) the objectives of the charter

22 school; and

23 ‘‘(ii) the methods by which the charter

24 school will determine its progress toward

25 achieving those objectives;
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1 ‘‘(D) a description of the administrative re2 lationship between the charter school and the

3 authorized public chartering agency;

4 ‘‘(E) a description of how parents and

5 other members of the community will be in6 volved in the planning, program design and im7 plementation of the charter school;

8 ‘‘(F) a description of how the authorized

9 public chartering agency will provide for contin10 ued operation of the school once the Federal

11 grant has expired, if such agency determines

12 that the school has met the objectives described

13 in subparagraph (C)(i);

14 ‘‘(G) a request and justification for waivers

15 of any Federal statutory or regulatory provi16 sions that the applicant believes are necessary

17 for the successful operation of the charter

18 school, and a description of any State or local

19 rules, generally applicable to public schools,

20 that will be waived for, or otherwise not apply

21 to, the school;

22 ‘‘(H) a description of how the subgrant

23 funds or grant funds, as appropriate, will be

24 used, including a description of how such funds
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1 will be used in conjunction with other Federal

2 programs administered by the Secretary;

3 ‘‘(I) a description of how students in the

4 community will be—

5 ‘‘(i) informed about the charter

6 school; and

7 ‘‘(ii) given an equal opportunity to at8 tend the charter school;

9 ‘‘(J) an assurance that the eligible appli10 cant will annually provide the Secretary and the

11 State educational agency such information as

12 may be required to determine if the charter

13 school is making satisfactory progress toward

14 achieving the objectives described in subpara15 graph (C)(i);

16 ‘‘(K) an assurance that the applicant will

17 cooperate with the Secretary and the State edu18 cational agency in evaluating the program as19 sisted under this part;

20 ‘‘(L) a description of how a charter school

21 that is considered a local educational agency

22 under State law, or a local educational agency

23 in which a charter school is located, will comply

24 with sections 613(a)(5) and 613(e)(1)(B) of the

25 Individuals with Disabilities Education Act;
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1 ‘‘(M) if the eligible applicant desires to use

2 subgrant funds for dissemination activities

3 under section 4202(c)(2)(C), a description of

4 those activities and how those activities will in5 volve charter schools and other public schools,

6 local educational agencies, developers, and po7 tential developers; and

8 ‘‘(N) such other information and assur9 ances as the Secretary and the State edu10 cational agency may require.

11 ‘‘(c) CONTENTS OF ELIGIBLE APPLICANT APPLICA12 TION.—Each eligible applicant desiring a grant pursuant

13 to section 4202(b) shall submit an application to the State

14 educational agency or Secretary, respectively, at such

15 time, in such manner, and accompanied by such informa16 tion as the State educational agency or Secretary, respec17 tively, may reasonably require.

18 ‘‘(d) CONTENTS OF APPLICATION.—Each application

19 submitted pursuant to subsection (c) shall contain—

20 ‘‘(1) the information and assurances described

21 in subparagraphs (A) through (N) of subsection

22 (b)(3), except that for purposes of this subsection

23 subparagraphs (J), (K), and (N) of such subsection

24 shall be applied by striking ‘and the State edu25 cational agency’ each place such term appears;
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1 ‘‘(2) assurances that the State educational

2 agency—

3 ‘‘(A) will grant, or will obtain, waivers of

4 State statutory or regulatory requirements; and

5 ‘‘(B) will assist each subgrantee in the

6 State in receiving a waiver under section

7 4204(e); and

8 ‘‘(3) assurances that the eligible applicant has

9 provided its authorized public chartering authority

10 timely notice, and a copy, of the application, except

11 that the State educational agency (or the Secretary,

12 in the case of an application submitted to the Sec13 retary) may waive this requirement in the case of an

14 application for a precharter planning grant or

15 subgrant if the authorized public chartering author16 ity to which a charter school proposal will be sub17 mitted has not been determined at the time the

18 grant or subgrant application is submitted.

19 ‘‘SEC. 4204. ADMINISTRATION.

20 ‘‘(a) SELECTION CRITERIA FOR STATE EDU21 CATIONAL AGENCIES.—The Secretary shall award grants

22 to State educational agencies under this part on the basis

23 of the quality of the applications submitted under section

24 4203(b), after 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

8 State educational agency to charter schools under

9 the 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 dissemi21 nation activities under section 4202(c)(2)(C), the

22 quality of those activities and the likelihood that

23 those activities will improve student academic

24 achievement.
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1 ‘‘(b) SELECTION CRITERIA FOR ELIGIBLE APPLI2 CANTS.—The Secretary shall award grants to eligible ap3 plicants under this part on the basis of the quality of the

4 applications submitted under section 4203(c), after taking

5 into consideration such factors as—

6 ‘‘(1) the quality of the proposed curriculum and

7 instructional practices;

8 ‘‘(2) the degree of flexibility afforded by the

9 State educational agency and, if applicable, the local

10 educational agency to the charter school;

11 ‘‘(3) the extent of community support for the

12 application;

13 ‘‘(4) the ambitiousness of the objectives for the

14 charter school;

15 ‘‘(5) the quality of the strategy for assessing

16 achievement of those objectives;

17 ‘‘(6) the likelihood that the charter school will

18 meet those objectives and improve educational re19 sults for students; and

20 ‘‘(7) in the case of an eligible applicant that

21 proposes to use grant funds to support dissemina22 tion activities under section 4202(c)(2)(C), the qual23 ity of those activities and the likelihood that those

24 activities will improve student achievement.
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1 ‘‘(c) PEER REVIEW.—The Secretary, and each State

2 educational agency receiving a grant under this part, shall

3 use a peer review process to review applications for assist4 ance under this part.

5 ‘‘(d) DIVERSITY OF PROJECTS.—The Secretary and

6 each State educational agency receiving a grant under this

7 part, shall award subgrants under this part in a manner

8 that, to the extent possible, ensures that such grants and

9 subgrants—

10 ‘‘(1) are distributed throughout different areas

11 of the Nation and each State, including urban and

12 rural areas; and

13 ‘‘(2) will assist charter schools representing a

14 variety of educational approaches, such as ap15 proaches designed to reduce school size.

16 ‘‘(e) WAIVERS.—The Secretary may waive any statu17 tory or regulatory requirement over which the Secretary

18 exercises administrative authority except any such require19 ment relating to the elements of a charter school described

20 in section 4210(1), if—

21 ‘‘(1) the waiver is requested in an approved ap22 plication under this part; and

23 ‘‘(2) the Secretary determines that granting

24 such a waiver will promote the purpose of this part.

25 ‘‘(f) USE OF FUNDS.—
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1 ‘‘(1) STATE EDUCATIONAL AGENCIES.—Each

2 State educational agency receiving a grant under

3 this part shall use such grant funds to award sub4 grants to one or more eligible applicants in the State

5 to enable such applicant to plan and implement a

6 charter school in accordance with this part, except

7 that the State educational agency may reserve not

8 more than 10 percent of the grant funds to support

9 dissemination activities described in paragraph (6).

10 ‘‘(2) ELIGIBLE APPLICANTS.—Each eligible ap11 plicant receiving funds from the Secretary or a State

12 educational agency shall use such funds to plan and

13 implement a charter school, or to disseminate infor14 mation about the charter school and successful prac15 tices in the charter school, in accordance with this

16 part.

17 ‘‘(3) ALLOWABLE ACTIVITIES.—An eligible ap18 plicant receiving a grant or subgrant under this part

19 may use the grant or subgrant funds only for—

20 ‘‘(A) post-award planning and design of

21 the educational program, which may include—

22 ‘‘(i) refinement of the desired edu23 cational results and of the methods for

24 measuring progress toward achieving those

25 results; and
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1 ‘‘(ii) professional development of

2 teachers and other staff who will work in

3 the 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

17 this part may reserve not more than 5 percent of

18 such grant funds for administrative expenses associ19 ated with the charter school grant program assisted

20 under this part. A local educational agency may not

21 deduct funds for administrative fees or expenses

22 from a subgrant awarded to an eligible applicant.

23 ‘‘(5) REVOLVING LOAN FUNDS.—Each State

24 educational agency receiving a grant pursuant to

25 this part may reserve not more than 10 percent of
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1 the grant amount for the establishment of a revolv2 ing loan fund. Such fund may be used to make loans

3 to 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 ini6 tial operation of the charter school grant program of

7 such recipient until such time as the recipient begins

8 receiving 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 char17 ter school has been in operation for at least 3

18 consecutive years and has demonstrated overall

19 success, 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

25 necessary to overcome initial start-up prob-
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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 pro7 gram (or certain aspects of the charter school’s

8 program), or to disseminate information about

9 the 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

16 held to at least as high a level of account17 ability 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

3 school; and

4 ‘‘(iv) conducting evaluations and de5 veloping materials that document the suc6 cessful practices of the assisting charter

7 school and that are designed to improve

8 student academic achievement in other

9 schools.

10 ‘‘(g) TRIBALLY CONTROLLED SCHOOLS.—Each State

11 that receives a grant under this part and designates a trib12 ally controlled school as a charter school shall not consider

13 payments to a school under the Tribally Controlled

14 Schools Act of 1988 (25 U.S.C. 2507) in determining—

15 ‘‘(1) the eligibility of the school to receive any

16 other Federal, State, or local aid; or

17 ‘‘(2) the amount of such aid.

18 ‘‘SEC. 4205. NATIONAL ACTIVITIES.

19 ‘‘(a) IN GENERAL.—The Secretary shall reserve for

20 each fiscal year the greater of 5 percent or $5,000,000

21 of the amount appropriated to carry out this part, except

22 that in no fiscal year shall the total amount so reserved

23 exceed $8,000,000, to carry out the following activities:

24 ‘‘(1) To provide charter schools, either directly

25 or through State educational agencies, with—
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1 ‘‘(A) information regarding—

2 ‘‘(i) Federal funds that charter

3 schools are eligible to receive; and

4 ‘‘(ii) other Federal programs in which

5 charter schools may participate; and

6 ‘‘(B) assistance in applying for Federal

7 education funds that are allocated by formula,

8 including assistance with filing deadlines and

9 submission of applications.

10 ‘‘(2) To provide for other evaluations or studies

11 that include the evaluation of the impact of charter

12 schools on student academic achievement, including

13 information regarding—

14 ‘‘(A) students attending charter schools re15 ported on the basis of race, age, disability, gen16 der, limited English proficiency, and previous

17 enrollment in public school; and

18 ‘‘(B) the professional qualifications of

19 teachers within a charter school and the turn20 over of the teaching force.

21 ‘‘(3) To provide—

22 ‘‘(A) information to applicants for assist23 ance under this part;
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1 ‘‘(B) assistance to applicants for assistance

2 under this part with the preparation of applica3 tions under section 4203;

4 ‘‘(C) assistance in the planning and start5 up of charter schools;

6 ‘‘(D) training and technical assistance to

7 existing charter schools; and

8 ‘‘(E) for the dissemination to other public

9 schools of best or promising practices in charter

10 schools.

11 ‘‘(4) To provide (including through the use of

12 one or more contracts that use a competitive bidding

13 process) for the collection of information regarding

14 the financial resources available to charter schools,

15 including access to private capital, and to widely dis16 seminate to charter schools any such relevant infor17 mation and model descriptions of successful pro18 grams.

19 ‘‘(b) CONSTRUCTION.—Nothing in this section shall

20 be construed to require charter schools to collect any data

21 described in subsection (a).
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1 ‘‘SEC. 4206. FEDERAL FORMULA ALLOCATION DURING

2 FIRST YEAR AND FOR SUCCESSIVE ENROLL3 MENT EXPANSIONS.

4 ‘‘(a) IN GENERAL.—For purposes of the allocation

5 to schools by the States or their agencies of funds under

6 part A of title I, and any other Federal funds which the

7 Secretary allocates to States on a formula basis, the Sec8 retary and each State educational agency shall take such

9 measures as are necessary to ensure that every charter

10 school receives the Federal funding for which the charter

11 school is eligible not later than 5 months after the charter

12 school first opens, notwithstanding the fact that the iden13 tity and characteristics of the students enrolling in that

14 charter school are not fully and completely determined

15 until that charter school actually opens. The measures

16 similarly shall ensure that every charter school expanding

17 its enrollment in any subsequent year of operation receives

18 the Federal funding for which the charter school is eligible

19 not later than 5 months after such expansion.

20 ‘‘(b) ADJUSTMENT AND LATE OPENINGS.—

21 ‘‘(1) IN GENERAL.—The measures described in

22 subsection (a) shall include provision for appropriate

23 adjustments, through recovery of funds or reduction

24 of payments for the succeeding year, in cases where

25 payments made to a charter school on the basis of

26 estimated or projected enrollment data exceed the
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1 amounts that the school is eligible to receive on the

2 basis of actual or final enrollment data.

3 ‘‘(2) RULE.—For charter schools that first

4 open after November 1 of any academic year, the

5 State, in accordance with guidance provided by the

6 Secretary and applicable Federal statutes and regu7 lations, shall ensure that such charter schools that

8 are eligible for the funds described in subsection (a)

9 for such academic year have a full and fair oppor10 tunity to receive those funds during the charter

11 schools’ first year of operation.

12 ‘‘SEC. 4207. SOLICITATION OF INPUT FROM CHARTER

13 SCHOOL OPERATORS.

14 ‘‘To the extent practicable, the Secretary shall ensure

15 that administrators, teachers, and other individuals di16 rectly involved in the operation of charter schools are con17 sulted in the development of any rules or regulations re18 quired to implement this part, as well as in the develop19 ment of any rules or regulations relevant to charter

20 schools that are required to implement part A of title I,

21 the Individuals with Disabilities Education Act (20 U.S.C.

22 1400 et seq.), or any other program administered by the

23 Secretary that provides education funds to charter schools

24 or regulates the activities of charter schools.
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1 ‘‘SEC. 4208. RECORDS TRANSFER.

2 ‘‘State educational agencies and local educational

3 agencies, to the extent practicable, shall ensure that a stu4 dent’s records and, if applicable, a student’s individualized

5 education program as defined in section 602(11) of the

6 Individuals with Disabilities Education Act (20 U.S.C.

7 1401(11)), are transferred to a charter school upon the

8 transfer of the student to the charter school, to another

9 public school upon the transfer of the student from a char10 ter school to another public school, and to a private school

11 upon the transfer of the student from a charter or public

12 school to the private school (with the written consent of

13 a parent of the student), in accordance with applicable

14 State law.

15 ‘‘SEC. 4209. PAPERWORK REDUCTION.

16 ‘‘To the extent practicable, the Secretary and each

17 authorized public chartering agency shall ensure that im18 plementation of this part results in a minimum of paper19 work for any eligible applicant or charter school.

20 ‘‘SEC. 4210. DEFINITIONS.

21 ‘‘As used in this part:

22 ‘‘(1) The term ‘charter school’ means a public

23 school that—

24 ‘‘(A) in accordance with a specific State

25 statute authorizing the granting of charters to

26 schools, is exempted from significant State or
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1 local rules that inhibit the flexible operation

2 and management of public schools, but not

3 from any rules relating to the other require4 ments of this paragraph;

5 ‘‘(B) is created by a developer as a public

6 school, or is adapted by a developer from an ex7 isting public school, and is operated under pub8 lic supervision and direction;

9 ‘‘(C) operates in pursuit of a specific set of

10 educational objectives determined by the

11 school’s developer and agreed to by the author12 ized public chartering agency;

13 ‘‘(D) provides a program of elementary or

14 secondary education, or both;

15 ‘‘(E) is nonsectarian in its programs, ad16 missions policies, employment practices, and all

17 other operations, and is not affiliated with a

18 sectarian school or religious institution;

19 ‘‘(F) does not charge tuition;

20 ‘‘(G) complies with the Age Discrimination

21 Act of 1975, title VI of the Civil Rights Act of

22 1964, title IX of the Education Amendments of

23 1972, section 504 of the Rehabilitation Act of

24 1973, and part B of the Individuals with Dis25 abilities Education Act;
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1 ‘‘(H) is a school to which parents choose to

2 send their children, and that admits students

3 on the basis of a lottery, or in another non4 discriminatory manner consistent with State

5 law, if more students apply for admission than

6 can be accommodated;

7 ‘‘(I) agrees to comply with the same Fed8 eral and State audit requirements as do other

9 elementary and secondary schools in the State,

10 unless such requirements are specifically waived

11 for the purpose of this program;

12 ‘‘(J) meets all applicable Federal, State,

13 and local health and safety requirements;

14 ‘‘(K) operates in accordance with State

15 law; and

16 ‘‘(L) has a written performance contract

17 with the authorized public chartering agency in

18 the State that includes a description of how

19 student academic achievement will be measured

20 in charter schools pursuant to State academic

21 assessments that are required of other schools

22 and pursuant to any other assessments mutu23 ally agreeable to the authorized public char24 tering agency and the charter school.
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1 ‘‘(2) The term ‘developer’ means an individual

2 or group of individuals (including a public or private

3 nonprofit organization), which may include teachers,

4 administrators and other school staff, parents, or

5 other members of the local community in which a

6 charter school project will be carried out.

7 ‘‘(3) The term ‘eligible applicant’ means a de8 veloper that has—

9 ‘‘(A) applied to an authorized public char10 tering authority; and

11 ‘‘(B) provided adequate and timely notice

12 to that authority under section 4203(d)(3).

13 ‘‘(4) The term ‘authorized public chartering

14 agency’ means a State educational agency, local edu15 cational agency, or other public entity that has the

16 authority pursuant to State law and approved by the

17 Secretary to authorize or approve a charter school.

18 ‘‘SEC. 4211. AUTHORIZATION OF APPROPRIATIONS.

19 ‘‘For the purpose of carrying out this part, there are

20 authorized to be appropriated $225,000,000 for fiscal year

21 2002 and such sums as may be necessary for each of the

22 4 succeeding fiscal years.’’.

23 SEC. 412. CONTINUATION OF AWARDS.

24 Notwithstanding any other provision of this Act, any

25 person or agency that was awarded a grant or subgrant
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1 under subpart 1 of part C of title X (20 U.S.C. 8061 et

2 seq.) prior to the date of the enactment of this Act shall

3 continue to receive funds in accordance with the terms of

4 such award until the date on which the award period ter5 minates under such terms.

6 PART C—MAGNET SCHOOLS ASSISTANCE;

7 WOMEN’S EDUCATIONAL EQUITY

8 SEC. 421. MAGNET SCHOOLS ASSISTANCE.

9 Title IV, as amended by sections 401 and 411, is fur10 ther amended by adding at the end the following:

11 ‘‘PART C—MAGNET SCHOOLS ASSISTANCE;

12 WOMEN’S EDUCATIONAL EQUITY

13 ‘‘Subpart 1—Magnet Schools Assistance

14 ‘‘SEC. 4301. FINDINGS.

15 ‘‘The Congress finds as follows:

16 ‘‘(1) Magnet schools are a significant part of

17 the Nation’s efforts to achieve voluntary desegrega18 tion in our schools.

19 ‘‘(2) The use of magnet schools has increased

20 dramatically since the inception of the magnet

21 schools assistance program under this Act, with ap22 proximately 2,000,000 students nationwide attend23 ing such schools, of whom more than 65 percent are

24 non-white.
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1 ‘‘(3) Magnet schools offer a wide range of dis2 tinctive programs that have served as models for

3 school improvement efforts.

4 ‘‘(4) It is in the best interests of the United

5 States—

6 ‘‘(A) to continue the Federal Government’s

7 support of local educational agencies that are

8 implementing court-ordered desegregation plans

9 and local educational agencies that are volun10 tarily seeking to foster meaningful interaction

11 among students of different racial and ethnic

12 backgrounds, beginning at the earliest stage of

13 such students’ education;

14 ‘‘(B) to ensure that all students have equi15 table access to a quality education that will pre16 pare them to function well in a highly competi17 tive economy;

18 ‘‘(C) to maximize the ability of local edu19 cational agencies to plan, develop, implement,

20 and continue effective and innovative magnet

21 schools that contribute to State and local sys22 temic reform; and

23 ‘‘(D) to ensure that grant recipients pro24 vide adequate data that demonstrate an ability

25 to improve student academic achievement.
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1 ‘‘SEC. 4302. STATEMENT OF PURPOSE.

2 ‘‘The purpose of this part is to assist in the desegre3 gation of schools served by local educational agencies by

4 providing financial assistance to eligible local educational

5 agencies for—

6 ‘‘(1) the elimination, reduction, or prevention of

7 minority group isolation in elementary and sec8 ondary schools with substantial proportions of mi9 nority students;

10 ‘‘(2) the development and implementation of

11 magnet school projects that will assist local edu12 cational agencies in achieving systemic reforms and

13 providing all students the opportunity to meet chal14 lenging State academic content standards and stu15 dent academic achievement standards;

16 ‘‘(3) the development and design of innovative

17 educational methods and practices that promote di18 versity and increase choices in public elementary and

19 secondary schools and educational programs; and

20 ‘‘(4) courses of instruction within magnet

21 schools that will substantially strengthen the knowl22 edge of academic subjects and the grasp of tangible

23 and marketable vocational and technical skills of

24 students attending such schools.
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1 ‘‘SEC. 4303. PROGRAM AUTHORIZED.

2 ‘‘The Secretary, in accordance with this part, is au3 thorized to make grants to eligible local educational agen4 cies, and consortia of such agencies where appropriate, to

5 carry out the purpose of this part for magnet schools that

6 are—

7 ‘‘(1) part of an approved desegregation plan;

8 and

9 ‘‘(2) designed to bring students from different

10 social, economic, ethnic, and racial backgrounds to11 gether.

12 ‘‘SEC. 4304. DEFINITION.

13 ‘‘For the purpose of this part, the term ‘magnet

14 school’ means a public elementary or secondary school or

15 public elementary or secondary education center that of16 fers a special curriculum capable of attracting substantial

17 numbers of students of different racial backgrounds.

18 ‘‘SEC. 4305. ELIGIBILITY.

19 ‘‘A local educational agency, or consortium of such

20 agencies where appropriate, is eligible to receive assistance

21 under this part to carry out the purpose of this part if

22 such agency or consortium—

23 ‘‘(1) is implementing a plan undertaken pursu24 ant to a final order issued by a court of the United

25 States, or a court of any State, or any other State

26 agency or official of competent jurisdiction, that re-
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1 quires the desegregation of minority-group-seg2 regated children or faculty in the elementary and

3 secondary schools of such agency; or

4 ‘‘(2) without having been required to do so, has

5 adopted and is implementing, or will, if assistance is

6 made available to such local educational agency or

7 consortium of such agencies under this part, adopt

8 and implement a plan that has been approved by the

9 Secretary as adequate under title VI of the Civil

10 Rights Act of 1964 for the desegregation of minor11 ity-group-segregated children or faculty in such

12 schools.

13 ‘‘SEC. 4306. APPLICATIONS AND REQUIREMENTS.

14 ‘‘(a) APPLICATIONS.—An eligible local educational

15 agency, or consortium of such agencies, desiring to receive

16 assistance under this part shall submit an application to

17 the Secretary at such time, in such manner, and con18 taining such information and assurances as the Secretary

19 may reasonably require.

20 ‘‘(b) INFORMATION AND ASSURANCES.—Each such

21 application shall include—

22 ‘‘(1) a description of—

23 ‘‘(A) how assistance made available under

24 this part will be used to promote desegregation,

25 including how the proposed magnet school
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1 project will increase interaction among students

2 of different social, economic, ethnic, and racial

3 backgrounds;

4 ‘‘(B) the manner and extent to which the

5 magnet school project will increase student aca6 demic achievement in the instructional area or

7 areas offered by the school;

8 ‘‘(C) how an applicant will continue the

9 magnet school project after assistance under

10 this part is no longer available, including, if ap11 plicable, an explanation of why magnet schools

12 established or supported by the applicant with

13 funds under this part cannot be continued with14 out the use of funds under this part;

15 ‘‘(D) how funds under this part will be

16 used to improve student academic performance

17 for all students attending the magnet schools;

18 and

19 ‘‘(E) the criteria to be used in selecting

20 students to attend the proposed magnet school

21 projects; and

22 ‘‘(2) assurances that the applicant will—

23 ‘‘(A) use funds under this part for the pur24 pose specified in section 4302;
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1 ‘‘(B) employ fully qualified teachers in the

2 courses of instruction assisted under this part;

3 ‘‘(C) not engage in discrimination based on

4 race, religion, color, national origin, sex, or dis5 ability in—

6 ‘‘(i) the hiring, promotion, or assign7 ment of employees of the agency or other

8 personnel for whom the agency has any ad9 ministrative responsibility;

10 ‘‘(ii) the assignment of students to

11 schools, or to courses of instruction within

12 the school, of such agency, except to carry

13 out the approved plan; and

14 ‘‘(iii) designing or operating extra15 curricular activities for students;

16 ‘‘(D) carry out a high-quality education

17 program that will encourage greater parental

18 decisionmaking and involvement; and

19 ‘‘(E) give students residing in the local at20 tendance area of the proposed magnet school

21 projects equitable consideration for placement

22 in those projects.

23 ‘‘SEC. 4307. PRIORITY.

24 ‘‘In approving applications under this part, the Sec25 retary shall give priority to applicants that—
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1 ‘‘(1) demonstrate the greatest need for assist2 ance, based on the expense or difficulty of effectively

3 carrying out an approved desegregation plan and the

4 projects for which assistance is sought;

5 ‘‘(2) propose to carry out new magnet school

6 projects, or significantly revise existing magnet

7 school projects; and

8 ‘‘(3) propose to select students to attend mag9 net school projects by methods such as lottery, rath10 er than through academic examination.

11 ‘‘SEC. 4308. USE OF FUNDS.

12 ‘‘(a) IN GENERAL.—Grant funds made available

13 under this part may be used by an eligible local edu14 cational agency or consortium of such agencies—

15 ‘‘(1) for planning and promotional activities di16 rectly related to the development, expansion, con17 tinuation, or enhancement of academic programs

18 and services offered at magnet schools;

19 ‘‘(2) for the acquisition of books, materials, and

20 equipment, including computers and the mainte21 nance and operation thereof, necessary for the con22 duct of programs in magnet schools;

23 ‘‘(3) for the payment, or subsidization of the

24 compensation, of elementary and secondary school

25 teachers who are fully qualified, and instructional
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1 staff where applicable, who are necessary for the

2 conduct of programs in magnet schools;

3 ‘‘(4) with respect to a magnet school program

4 offered to less than the entire student population of

5 a school, for instructional activities that—

6 ‘‘(A) are designed to make available the

7 special curriculum that is offered by the magnet

8 school project to students who are enrolled in

9 the school but who are not enrolled in the mag10 net school program; and

11 ‘‘(B) further the purpose of this part; and

12 ‘‘(5) for activities, which may include profes13 sional development, that will build the recipient’s ca14 pacity to operate magnet school programs once the

15 grant period has ended.

16 ‘‘(b) SPECIAL RULE.—Grant funds under this part

17 may be used in accordance with paragraphs (2) and (3)

18 of subsection (a) only if the activities described in such

19 paragraphs are directly related to improving the students’

20 academic performance based on the State’s challenging

21 academic content standards and student academic achieve22 ment standards or directly related to improving the stu23 dents’ reading skills or knowledge of mathematics, science,

24 history, geography, English, foreign languages, art, or

25 music, or to improving vocational and technical skills.
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1 ‘‘SEC. 4309. PROHIBITIONS.

2 ‘‘(a) TRANSPORTATION.—Grants under this part may

3 not be used for transportation or any activity that does

4 not augment academic improvement.

5 ‘‘(b) PLANNING.—A local educational agency shall

6 not expend funds under this part after the third year that

7 such agency receives funds under this part for such

8 project.

9 ‘‘SEC. 4310. LIMITATIONS.

10 ‘‘(a) DURATION OF AWARDS.—A grant under this

11 part shall be awarded for a period that shall not exceed

12 three fiscal years.

13 ‘‘(b) LIMITATION ON PLANNING FUNDS.—A local

14 educational agency may expend for planning not more

15 than 50 percent of the funds received under this part for

16 the first year of the project, 15 percent of such funds for

17 the second such year, and 10 percent of such funds for

18 the third such year.

19 ‘‘(c) AMOUNT.—No local educational agency or con20 sortium awarded a grant under this part shall receive

21 more than $4,000,000 under this part in any one fiscal

22 year.

23 ‘‘(d) TIMING.—To the extent practicable, the Sec24 retary shall award grants for any fiscal year under this

25 part not later than July 1 of the applicable fiscal year.
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1 ‘‘SEC. 4311. EVALUATIONS.

2 ‘‘(a) RESERVATION.—The Secretary may reserve not

3 more than 2 percent of the funds appropriated under sec4 tion 4312(a) for any fiscal year to carry out evaluations,

5 technical assistance, and dissemination projects with re6 spect to magnet school projects and programs assisted

7 under this part.

8 ‘‘(b) CONTENTS.—Each evaluation described in sub9 section (a), at a minimum, shall address—

10 ‘‘(1) how and the extent to which magnet school

11 programs lead to educational quality and improve12 ment;

13 ‘‘(2) the extent to which magnet school pro14 grams enhance student access to quality education;

15 ‘‘(3) the extent to which magnet school pro16 grams lead to the elimination, reduction, or preven17 tion of minority group isolation in elementary and

18 secondary schools with substantial proportions of mi19 nority students; and

20 ‘‘(4) the extent to which magnet school pro21 grams differ from other school programs in terms of

22 the organizational characteristics and resource allo23 cations of such magnet school programs.
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1 ‘‘SEC. 4312. AUTHORIZATION OF APPROPRIATIONS; RES2 ERVATION.

3 ‘‘(a) AUTHORIZATION.—For the purpose of carrying

4 out this part, there are authorized to be appropriated

5 $125,000,000 for fiscal year 2002 and such sums as may

6 be necessary for each of the 4 succeeding fiscal years.

7 ‘‘(b) AVAILABILITY OF FUNDS FOR GRANTS TO

8 AGENCIES NOT PREVIOUSLY ASSISTED.—In any fiscal

9 year for which the amount appropriated pursuant to sub10 section (a) exceeds $75,000,000, the Secretary shall give

11 priority to using such amounts in excess of $75,000,000

12 to award grants to local educational agencies or consortia

13 of such agencies that did not receive a grant under this

14 part in the preceding fiscal year.’’.

15 SEC. 422. WOMEN’S EDUCATIONAL EQUITY.

16 (a) TRANSFER AND REDESIGNATION.—Part B of

17 title V (20 U.S.C. 7231 et seq.) is transferred and redesig18 nated as subpart 2 of part C of title IV. Sections 5201

19 through 5208 are redesignated as sections 4321 through

20 4328, respectively.

21 (b) REPORT.—Section 4326 (as so redesignated) is

22 amended by striking ‘‘January 1, 1999,’’ and inserting

23 ‘‘January 1, 2005,’’.

24 (c) EVALUATION AND DISSEMINATION.—Section

25 4327(a) (as so redesignated) is amended—
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1 (1) by striking ‘‘14701,’’ and inserting ‘‘8651,’’;

2 and

3 (2) by striking ‘‘January 1, 1998.’’ and insert4 ing ‘‘January 1, 2004.’’.

5 (d) REAUTHORIZATION.—Section 4328 (as so redes6 ignated) is amended by striking ‘‘$5,000,000 for fiscal

7 year 1995 and such sums as may be necessary for each

8 of the four succeeding fiscal years,’’ and inserting

9 ‘‘$3,000,000 for fiscal year 2002 and such sums as may

10 be necessary for each of the four succeeding fiscal years,’’.

11 (e) OTHER CONFORMING AMENDMENTS.—

12 (1) SHORT TITLE.—Section 4321(a) (as so re13 designated) is amended to read as follows:

14 ‘‘(a) SHORT TITLE.—This subpart may be cited as

15 the ‘Women’s Educational Equity Act of 2001’.’’.

16 (2) REFERENCES.—Subpart 2 of part C of title

17 IV (as so redesignated) is amended—

18 (A) by striking ‘‘this part’’ each place such

19 term appears and inserting ‘‘this subpart’’; and

20 (B) by striking ‘‘5203(b)’’ each place such

21 term appears and inserting ‘‘4423(b)’’.

22 SEC. 423. CONTINUATION OF AWARDS.

23 Notwithstanding any other provision of this Act, any

24 person or agency that was awarded a grant under part

25 A of title V (20 U.S.C. 7201 et seq.), or a grant, contract,
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1 or cooperative agreement under part B of such title (20

2 U.S.C. 7231 et seq.), prior to the date of the enactment

3 of this Act shall continue to receive funds in accordance

4 with the terms of such award until the date on which the

5 award period terminates under such terms.

6 TITLE V—21ST CENTURY

7 SCHOOLS

8 SEC. 501. SAFE SCHOOLS.

9 Title V, except part B (which is transferred and re10 designated as subpart 2 of part C of title IV by section

11 422(a) of this Act) is amended to read as follows:

12 ‘‘TITLE V—21ST CENTURY

13 SCHOOLS

14 ‘‘PART A—SUPPORTING VIOLENCE AND DRUG

15 PREVENTION AND ACADEMIC ENRICHMENT

16 ‘‘SEC. 5001. SHORT TITLE.

17 ‘‘This part may be cited as the ‘21st Century Schools

18 Act of 2001’.

19 ‘‘SEC. 5002. PURPOSE.

20 ‘‘The purpose of this part is to support programs that

21 prevent the use of illegal drugs, prevent violence, provide

22 quality before and after school activities and supervision

23 for school age youth, involve parents and communities,

24 and are coordinated with related Federal, State, and com25 munity efforts and resources to foster a safe and drug-
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1 free learning environment in which students increase their

2 academic achievement, through the provision of Federal

3 assistance to—

4 ‘‘(1) States for grants to local educational agen5 cies and consortia of such agencies to establish, op6 erate, and improve local programs of drug and vio7 lence prevention in elementary and secondary

8 schools;

9 ‘‘(2) States for grants to local educational agen10 cies, community-based organizations, and other pub11 lic entities and private organizations, for before and

12 after school programs for youth; and

13 ‘‘(3) States and public and private nonprofit

14 and for-profit organizations to conduct training,

15 demonstrations, and evaluations.

16 ‘‘SEC. 5003. AUTHORIZATION OF APPROPRIATIONS.

17 ‘‘There are authorized to be appropriated—

18 ‘‘(1) $475,000,000 for fiscal year 2002, and

19 such sums as may be necessary for each of the 4

20 succeeding fiscal years, for State grants under sub21 part 1;

22 ‘‘(2) $900,000,000 for fiscal year 2002, and

23 such sums as may be necessary for each of the four

24 succeeding fiscal years, for State grants under sub25 part 2; and
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1 ‘‘(3) $60,000,000 for fiscal year 2002, and for

2 each of the 4 succeeding fiscal years, for national

3 programs under subpart 3.

4 ‘‘Subpart 1—Safe Schools

5 ‘‘SEC. 5111. RESERVATIONS AND ALLOTMENTS.

6 ‘‘(a) RESERVATIONS.—From the amount made avail7 able under section 5003(1) to carry out this subpart for

8 each fiscal year, the Secretary—

9 ‘‘(1) shall reserve 1 percent or $4,750,000

10 (whichever is greater) of such amount for grants to

11 Guam, American Samoa, the United States Virgin

12 Islands, and the Commonwealth of the Northern

13 Mariana Islands, to be allotted in accordance with

14 the Secretary’s determination of their respective

15 needs and to carry out programs described in this

16 subpart;

17 ‘‘(2) shall reserve 1 percent or $4,750,000

18 (whichever is greater) of such amount for the Sec19 retary of the Interior to carry out programs de20 scribed in this subpart for Indian youth;

21 ‘‘(3) shall reserve 0.2 percent of such amount

22 for Native Hawaiians to be used to carry out pro23 grams described in this subpart;

24 ‘‘(4) notwithstanding section 3 of the Leave No

25 Child Behind Act of 2001, shall reserve an amount
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1 necessary to make continuation grants to grantees

2 under part I of title X of this Act (under the terms

3 of those grants), as such part existed on the day be4 fore the effective date of the Leave No Child Behind

5 Act of 2001; and

6 ‘‘(5) notwithstanding section 3 of the Leave No

7 Child Behind Act of 2001, shall reserve an amount

8 necessary to make continuation grants to grantees

9 under the Safe Schools/Healthy Students initiative

10 (under the terms of those grants), as it existed on

11 the day before the date of the effective date of the

12 Leave No Child Behind Act of 2001.

13 ‘‘(b) STATE ALLOTMENTS.—

14 ‘‘(1) IN GENERAL.—Except as provided in para15 graph (2), the Secretary, for each fiscal year, shall

16 allocate among the States—

17 ‘‘(A) one-half of the remainder not re18 served under subsection (a) according to the

19 ratio between the school-aged population of

20 each State and the school-aged population of all

21 the States; and

22 ‘‘(B) one-half of such remainder according

23 to the ratio between the amount each State re24 ceived under part A of title I for the preceding
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1 year and the sum of such amounts received by

2 all the States.

3 ‘‘(2) MINIMUM.—For any fiscal year, no State

4 shall be allotted under this subsection an amount

that is less than 1 5 ⁄2 of 1 percent of the total amount

6 allotted to all the States under this subsection.

7 ‘‘(c) REALLOTMENT OF UNUSED FUNDS.—If any

8 State does not apply for an allotment under this subpart

9 for a fiscal year, the Secretary shall reallot the amount

10 of the State’s allotment to the remaining States in accord11 ance with this section.

12 ‘‘(d) DEFINITION.—For the purposes of this section,

13 the term ‘Native Hawaiian’ means any individual any of

14 whose ancestors were natives, prior to 1778, of the area

15 which now comprises the State of Hawaii.

16 ‘‘SEC. 5112. RESERVATION OF STATE FUNDS FOR SAFE

17 SCHOOLS.

18 ‘‘(a) STATE RESERVATION FOR THE GOVERNOR.—

19 ‘‘(1) IN GENERAL.—The chief executive officer

20 of a State may reserve not more than 20 percent of

21 the total amount allocated to a State under section

22 5111(b) for each fiscal year to award competitive

23 grants and contracts to local educational agencies,

24 community-based organizations, and other public en25 tities and private organizations for programs or ac-
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1 tivities to support community efforts that com2 plement activities of local educational agencies de3 scribed in section 5115. Such officer shall award

4 grants based on—

5 ‘‘(A) the quality of the activity or program

6 proposed; and

7 ‘‘(B) how the program or activity is

8 aligned with the appropriate principles of effec9 tiveness described in section 5114(a).

10 ‘‘(2) SPECIAL CONSIDERATION.—In awarding

11 funds under subparagraph (A), a chief executive of12 ficer shall give special consideration to grantees that

13 pursue a comprehensive approach to drug and vio14 lence prevention by providing and incorporating

15 mental health services in their programs.

16 ‘‘(3) ADMINISTRATIVE COSTS.—The chief exec17 utive officer of a State may use not more than 1

18 percent of the amount described in subparagraph

19 (A) for the administrative costs incurred in carrying

20 out the duties of such officer under this section.

21 ‘‘(b) STATE FUNDS.—

22 ‘‘(1) ADDITIONAL RESERVATIONS.—Each State

23 shall reserve an amount equal to the total amount

24 allotted to a State under section 5111(b), less the

25 amount reserved under subsection (a) and para-
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1 graphs (2) and (3) of this subsection, for each fiscal

2 year for its local educational agencies.

3 ‘‘(2) STATE ACTIVITIES.—A State may use not

4 more than 4 percent of the total amount available

5 under subsection (a) for State activities described in

6 subsection (c).

7 ‘‘(3) STATE ADMINISTRATION.—A State may

8 use not more than 1 percent of the amount made

9 available under subsection (a) for the administrative

10 costs of carrying out its responsibilities under this

11 subpart.

12 ‘‘(c) ACTIVITIES.—

13 ‘‘(1) IN GENERAL.—A State shall use a portion

14 of the funds described in subsection (b)(2), either di15 rectly, or through grants and contracts, to plan, de16 velop, and implement capacity building, technical as17 sistance, evaluation, program improvement services,

18 and coordination activities for local educational

19 agencies, community-based organizations, other pub20 lic entities, and private organizations that are de21 signed to support the implementation of programs

22 and activities under this subpart.

23 ‘‘(2) DATA COLLECTION.—

24 ‘‘(A) STATISTICS.—A State may use a por25 tion of the funds, not to exceed 20 percent, de-
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1 scribed in subsection (b)(2), either directly or

2 through grants and contracts, to establish and

3 implement a statewide system of collecting data

4 regarding statistics on—

5 ‘‘(i) truancy rates; and

6 ‘‘(ii) the frequency, seriousness, and

7 incidence of violence and drug related of8 fenses resulting in suspensions and expul9 sion in elementary and secondary schools

10 in States.

11 ‘‘(B) COMPILATION OF STATISTICS.—The

12 statistics shall be compiled in accordance with

13 definitions as determined in the State criminal

14 code, but shall not identify victims of crimes or

15 persons accused of crimes. The collected data

16 shall include, incident reports by school offi17 cials, anonymous student surveys, and anony18 mous teacher surveys.

19 ‘‘(C) REPORTING.—Such data and statis20 tics shall be reported to the public and shall be

21 reported on a school-by-school basis.

22 ‘‘(D) LIMITATION.—Nothing in this sub23 section shall be construed to authorize the Sec24 retary to require particular policies, procedures,
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1 or practices with respect to crimes on school

2 property or school security.

3 ‘‘(3) SAFE SCHOOLS.—The State shall establish

4 and implement a statewide policy requiring that stu5 dents attending persistently dangerous public ele6 mentary and secondary schools, as determined by

7 the State, or who become a victim of a violent crimi8 nal offense, as defined by State law, while in or on

9 the grounds of a public elementary school or sec10 ondary school that the student attends, be allowed to

11 attend a safe public elementary or secondary school,

12 within the local educational agency, including a pub13 lic charter school and allowing payment of reason14 able transportation costs and tuition costs for such

15 students.

16 ‘‘SEC. 5113. STATE APPLICATION.

17 ‘‘(a) IN GENERAL.—In order to receive an allotment

18 under section 5111 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) describes the activities to be funded under

22 section 5112(c);

23 ‘‘(2) describes how activities funded under this

24 subpart will support State academic achievement

25 standards in accordance with section 1111;
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1 ‘‘(3) describes how funds under this subpart

2 will be coordinated with programs under this Act,

3 and other programs, as appropriate, in accordance

4 with the provisions of section 8306;

5 ‘‘(4) provides an assurance that the application

6 was developed in consultation and coordination with

7 appropriate State officials and others, including the

8 chief executive officer, the chief State school officer,

9 the head of the State alcohol and drug abuse agency,

10 the heads of the State health and mental health

11 agencies, the head of the State criminal justice plan12 ning agency, the head of the State child welfare

13 agency, the head of the State board of education, or

14 their designees, and representatives of parents, stu15 dents, and community-based organizations;

16 ‘‘(5) provides an assurance that the State will

17 cooperate with, and assist, the Secretary in con18 ducting data collection as required by section

19 5116(a);

20 ‘‘(6) provides an assurance that the local edu21 cational agencies in the State will comply with the

22 provisions of section 8503 pertaining to the partici23 pation of private school children and teachers in the

24 programs and activities under this subpart;
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1 ‘‘(7) provides an assurance that funds under

2 this subpart will be used to increase the level of

3 State, local, and other non-Federal funds that

4 would, in the absence of funds under this subpart,

5 be made available for programs and activities au6 thorized under this subpart, and in no case supplant

7 such State, local, and other non-Federal funds;

8 ‘‘(8) describes the results of the State’s needs

9 and resources assessment for violence and illegal

10 drug use prevention which shall be based on the re11 sults of on-going evaluation (which may include data

12 on the incidence and prevalence, age of onset, per13 ception of health risk and perception of social dis14 approval of violence and illegal drug use by youth in

15 schools and communities and the prevalence of risk

16 and protective factors or other scientifically based

17 research variables in the school and community);

18 ‘‘(9)(A) provides a statement of the State’s per19 formance measures for drug and violence prevention

20 programs and activities to be funded under this part

21 that shall be developed in consultation between the

22 State and local officials and that consist of—

23 ‘‘(i) performance indicators for drug and

24 violence prevention programs and activities; and
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1 ‘‘(ii) levels of performance for each per2 formance indicator;

3 ‘‘(B) a description of the procedures the State

4 will use for assessing and publicly reporting progress

5 toward meeting those performance measures; and

6 ‘‘(C) a plan for monitoring the implementation

7 of, and providing technical assistance regarding, the

8 activities and programs conducted by local edu9 cational agencies, community-based organizations,

10 other public entities, and private organizations under

11 this subpart;

12 ‘‘(10) provides an assurance that the State will

13 consult with a representative sample of local edu14 cational agencies in the development of the definition

15 of ‘persistently dangerous school’ for the purposes of

16 section 5112(c)(3);

17 ‘‘(11) provides a description of how the State

18 defines ‘persistently dangerous school’ for the pur19 poses of section 5112(c)(3); and

20 ‘‘(12) provides an assurance that the State ap21 plication will be available for public review after sub22 mission of the application.

23 ‘‘(b) GENERAL APPROVAL.—A State application sub24 mitted pursuant to subsection (a) shall be deemed to be

25 approved by the Secretary unless the Secretary makes a
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1 written determination, prior to the expiration of the 90-

2 day period beginning on the date that the Secretary re3 ceives the application, that the application is in violation

4 of this subpart.

5 ‘‘(c) DISAPPROVAL.—The Secretary shall not finally

6 disapprove a State application, except after giving the

7 State notice and opportunity for a hearing.

8 ‘‘SEC. 5114. FORMULA GRANT PROGRAM.

9 ‘‘(a) IN GENERAL.—

10 ‘‘(1) FUNDS TO LOCAL EDUCATIONAL AGEN11 CIES.—A State shall provide the amount made avail12 able to the State under this subpart, less the

13 amounts reserved under sections 5111 and 5112 to

14 local educational agencies for drug and violence pre15 vention and education as follows:

16 ‘‘(A) 60 percent of such amount based on

17 the relative amount such agencies received

18 under part A of title I for the preceding fiscal

19 year.

20 ‘‘(B) 40 percent of such amount to local

21 educational agencies based on the relative en22 rollments in public and private nonprofit ele23 mentary and secondary schools within the

24 boundaries of such agencies.
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1 ‘‘(2) ADMINISTRATIVE COSTS.—Of the amount

2 received under paragraph (1), a local educational

3 agency may use not more than 1 percent for the ad4 ministrative costs of carrying out its responsibilities

5 under this subpart.

6 ‘‘(3) RETURN OF FUNDS TO STATE; REALLOCA7 TION.—

8 ‘‘(A) RETURN.—Except as provided in

9 subparagraph (B), upon the expiration of the 1-

10 year period beginning on the date that a local

11 educational agency receives its allocation—

12 ‘‘(i) such agency shall return to the

13 State any funds from such allocation that

14 remain unobligated; and

15 ‘‘(ii) the State shall reallocate any

16 such amount to local educational agencies

17 that have submitted plans for using such

18 amount for programs or activities on a

19 timely basis.

20 ‘‘(B) CARRYOVER.—In any fiscal year, a

21 local educational agency, may retain for obliga22 tion in the succeeding fiscal year—

23 ‘‘(i) an amount equal to not more

24 than 25 percent of the allocation it re-
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1 ceived under this subpart for such fiscal

2 year; or

3 ‘‘(ii) upon a demonstration of good

4 cause by such agency and approval by the

5 State, an amount that exceeds 25 percent

6 of such allocation.

7 ‘‘(b) ELIGIBILITY.—To be eligible to receive a

8 subgrant under this subpart, a local educational agency

9 desiring a subgrant shall submit an application to the

10 State. Such an application shall be amended, as necessary,

11 to reflect changes in the activities and programs of the

12 local educational agency.

13 ‘‘(c) DEVELOPMENT.—

14 ‘‘(1) CONSULTATION.—

15 ‘‘(A) IN GENERAL.—A local educational

16 agency shall develop its application through

17 timely and meaningful consultation with State

18 and local government representatives, represent19 atives of schools to be served, school personnel,

20 and community organizations with relevant and

21 demonstrated expertise in drug and violence

22 prevention activities, students and parents.

23 ‘‘(B) CONTINUED CONSULTATION.—On an

24 ongoing basis, the local educational agency shall

25 consult with such representatives and organiza-
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1 tions in order to seek advice regarding how best

2 to coordinate such agency’s activities under this

3 subpart with other related strategies, programs,

4 and activities being conducted in the commu5 nity.

6 ‘‘(2) DESIGN AND DEVELOPMENT.—To ensure

7 timely and meaningful consultation, a local edu8 cational agency at the initial stages of design and

9 development of a program or activity shall consult,

10 in accordance with this subsection, with appropriate

11 entities and persons on issues regarding the design

12 and development of the program or activity, includ13 ing efforts to meet the principles of effectiveness de14 scribed in section 5115(a).

15 ‘‘(d) CONTENTS OF APPLICATIONS.—

16 ‘‘(1) IN GENERAL.—An application submitted

17 by a local educational agency under this section shall

18 contain—

19 ‘‘(A) an assurance that the activities or

20 programs to be funded support State academic

21 achievement goals in accordance with section

22 1111;

23 ‘‘(B) a detailed explanation of the local

24 educational agency’s comprehensive plan for
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1 drug and violence prevention, which shall in2 clude a description of—

3 ‘‘(i) how the plan will be coordinated

4 with programs under this Act, other Fed5 eral, State, and local programs for drug

6 and violence prevention, in accordance with

7 the provisions of section 8306;

8 ‘‘(ii) the local educational agency’s

9 performance measures for drug and vio10 lence prevention programs and activities,

11 that shall consist of—

12 ‘‘(I) performance indicators for

13 drug and violence prevention pro14 grams and activities; and

15 ‘‘(II) levels of performance for

16 each performance indicator;

17 ‘‘(iii) how such agency will assess and

18 publicly report progress toward attaining

19 its performance measures;

20 ‘‘(iv) the drug and violence prevention

21 activity or program to be funded, including

22 how the activity or program will meet the

23 principles of effectiveness described in sec24 tion 5115(a), and the means of evaluating

25 such activity or program; and
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1 ‘‘(v) how the services will be targeted

2 to schools and students with the greatest

3 need;

4 ‘‘(C) a certification that a meaningful as5 sessment has been conducted to determine com6 munity needs (including consultation with com7 munity leaders, businesses, and school officials),

8 available resources and capacity in the public

9 and private sector (which may include an anal10 ysis based on data reasonably available at the

11 time on the incidence and prevalence, age of

12 onset, perception of health risk, and perception

13 of social disapproval of drug use and violence

14 by youth in schools and communities, preva15 lence of risk and protective factors, buffers or

16 assets, or other scientifically based research

17 variables in the school and community), the

18 findings of such assessments;

19 ‘‘(D) an assurance that funds under this

20 subpart will be used to increase the level of

21 State, local, and other non-Federal funds that

22 would, in the absence of funds under this sub23 part, be made available for programs and activi24 ties authorized under this subpart, and in no
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1 case supplant such State, local, and other non2 Federal funds;

3 ‘‘(E) a description of the mechanisms used

4 to provide effective notice to the community of

5 an intention to submit an application under this

6 title;

7 ‘‘(F) an assurance that drug prevention

8 programs supported under this part convey a

9 clear and consistent message that the illegal use

10 of drugs is wrong and harmful;

11 ‘‘(G) an assurance that the local edu12 cational agency has established and imple13 mented a student code of conduct policy that

14 clearly states responsibilities of students, teach15 ers, and administrators in maintaining a class16 room environment that allows a teacher to com17 municate effectively with all students in the

18 class, that allows all students in the class to

19 learn, has consequences that are fair and ap20 propriate for violations, and is enforced equi21 tably;

22 ‘‘(H) an assurance that the application and

23 any waiver request will be available for public

24 review after submission of the application; and
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1 ‘‘(I) such other information and assurances

2 as the State may reasonably require.

3 ‘‘(2) GENERAL APPROVAL.—A local educational

4 agency’s application submitted to the State under

5 this subpart shall be deemed to be approved by the

6 State unless the State makes a written determina7 tion, prior to the expiration of the 90-day period be8 ginning on the date that the State receives the appli9 cation, that the application is in violation of this

10 subpart.

11 ‘‘(3) DISAPPROVAL.—The State shall not finally

12 disapprove a local educational agency application,

13 except after giving such agency notice and an oppor14 tunity for a hearing.

15 ‘‘SEC. 5115. AUTHORIZED ACTIVITIES.

16 ‘‘(a) PRINCIPLES OF EFFECTIVENESS.—

17 ‘‘(1) IN GENERAL.—For a program or activity

18 developed pursuant to this subpart to meet the prin19 ciples of effectiveness, such program or activity

20 shall—

21 ‘‘(A) be based upon an assessment of ob22 jective data regarding the incidence of violence

23 and illegal drug use in the elementary and sec24 ondary schools and communities to be served,

25 including an objective analysis of the current
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1 conditions and consequences regarding violence

2 and illegal drug use, including delinquency and

3 serious discipline problems, among students

4 who attend such schools (including private

5 school students who participate in the drug and

6 violence prevention program) that is based on

7 ongoing local assessment or evaluation activi8 ties;

9 ‘‘(B) be based upon an established set of

10 performance measures aimed at ensuring that

11 the elementary and secondary schools and com12 munities to be served by the program have a

13 drug-free, safe, and orderly learning environ14 ment; and

15 ‘‘(C) be based upon scientifically based re16 search that provides evidence that the program

17 to be used will reduce violence and illegal drug

18 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

22 drug use in schools to be served based on perform23 ance measures described in section 5114(d)(1)(B)(ii)

24 The results shall be used to refine, improve, and

25 strengthen the program, and to refine the perform-
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1 ance measures. The results shall also be made avail2 able to the public upon request, with public notice

3 of such availability provided.

4 ‘‘(3) WAIVER.—A local educational agency may

5 apply to the State for a waiver of the requirement

6 of 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

13 comprehensive programs and activities, which are co14 ordinated with other school and community-based

15 services 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

19 effectiveness described in subsection (a);

20 ‘‘(C) be designed to—

21 ‘‘(i) prevent or reduce violence and il22 legal drug use, delinquency, serious dis23 cipline problems, and poor academic

24 achievement 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

16 educational agency or consortium of such agencies,

17 that receives a subgrant under this subpart may use

18 such funds to carry out activities, such as—

19 ‘‘(A) developmentally appropriate drug and

20 violence prevention programs in both elemen21 tary and secondary schools that incorporate a

22 variety of prevention strategies and activities,

23 which may include—

24 ‘‘(i) teaching students that most peo25 ple do not use illegal drugs;
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1 ‘‘(ii) teaching students to recognize

2 social and peer pressure to use illegal

3 drugs and the skills for resisting illegal

4 drug use;

5 ‘‘(iii) teaching students about the dan6 gers of emerging drugs;

7 ‘‘(iv) engaging students in the learn8 ing process;

9 ‘‘(v) incorporating activities in sec10 ondary schools that reinforce prevention

11 activities implemented in elementary

12 schools; and

13 ‘‘(vi) involving families and commu14 nities in setting clear expectations against

15 violence and illegal drug use and enforcing

16 appropriate consequences for violence and

17 illegal drug use;

18 ‘‘(B) training of school personnel and par19 ents in youth drug and violence prevention, in20 cluding training in early identification, interven21 tion, and prevention of threatening behavior;

22 ‘‘(C) community-wide strategies for reduc23 ing violence and illegal drug use, and illegal

24 gang activity;
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1 ‘‘(D) to the extent that expenditures do

2 not exceed 20 percent of the amount made

3 available to a local educational agency under

4 this subpart (except that this subparagraph

5 shall not apply to the hiring and training of

6 school resource officers pursuant to clause (ii)),

7 law enforcement and security activities,

8 including—

9 ‘‘(i) acquisition and installation of

10 metal detectors;

11 ‘‘(ii) hiring and training of security

12 personnel (including school resource offi13 cers), that are related to youth drug and

14 violence prevention;

15 ‘‘(iii) reporting of criminal offenses on

16 school property; and

17 ‘‘(iv) development of comprehensive

18 school security assessments;

19 ‘‘(E) expanding and improving school20 based mental health services, including early

21 identification of violence and illegal drug use,

22 assessment, and direct individual or group

23 counseling services provided to students, par24 ents, and school personnel by qualified school

25 based mental health services personnel;
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1 ‘‘(F) establishing and maintaining peer

2 mediation programs that include educating and

3 training peer mediators and a designated fac4 ulty supervisor and purchasing necessary mate5 rials to facilitate training and the mediation

6 process;

7 ‘‘(G) alternative education programs or

8 services that reduce the need for suspensions or

9 expulsions or programs or services for students

10 who have been expelled or suspended from the

11 regular educational settings, including programs

12 or services to assist students to reenter the reg13 ular education setting upon return from treat14 ment or alternative education programs;

15 ‘‘(H) counseling, mentoring, and referral

16 services, and other student assistance practices

17 and programs, including assistance provided by

18 qualified school based mental health services

19 personnel and the training of teachers by

20 school-based mental health service providers in

21 appropriate identification and intervention tech22 niques for students, at risk of violent behavior

23 and drug use;

24 ‘‘(I) activities that reduce truancy;
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1 ‘‘(J) age appropriate, developmentally

2 based violence prevention and education pro3 grams that address the legal, health, personal,

4 and social consequences of illegal drug use and

5 violent and disruptive behavior and that include

6 activities designed to help students develop a

7 sense of individual responsibility and respect for

8 the rights of others, and to resolve conflicts

9 without violence;

10 ‘‘(K) providing guidance to students that

11 encourages students to seek advice for anxiety,

12 threats of violence, or actual violence and to

13 confide in a trusted adult regarding an uncom14 fortable or threatening situation;

15 ‘‘(L) the development of educational pro16 grams that prevent school based crime, includ17 ing preventing crimes motivated by hate that

18 result in acts of physical violence at school and

19 any programs or published materials that ad20 dress school based crime shall not recommend

21 or require any action that abridges or infringes

22 upon the constitutionally protected rights of

23 free speech, religion, and equal protection of

24 students, their parents, or legal guardians;
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1 ‘‘(M) testing students for illegal drug use

2 or conducting student locker searches for illegal

3 drugs or drug paraphernalia consistent with the

4 4th amendment to the Constitution;

5 ‘‘(N) emergency intervention services fol6 lowing traumatic crisis events, such as a shoot7 ing, major accident, or a drug-related incident,

8 that has disrupted the learning environment;

9 ‘‘(O) establishing and implementing a sys10 tem for transferring suspension and expulsion

11 records by a local educational agency to any

12 public or private elementary or secondary

13 school;

14 ‘‘(P) allowing students attending a persist15 ently dangerous public elementary or secondary

16 school, as determined by the State, or who be17 come a victim of a violent criminal offense, as

18 defined by State law, while in or on the grounds

19 of a public elementary school or secondary

20 school that the student attends, to attend a safe

21 public elementary or secondary school, within

22 the local educational agency, including a public

23 charter school, and allowing payment of reason24 able transportation costs and tuition costs for

25 such students;
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1 ‘‘(Q) the development and implementation

2 of character education and training programs

3 that reflect values, that take into account the

4 views of parents or guardians of the student for

5 whom the program is intended, which may in6 clude honesty, citizenship, courage, justice, re7 spect, personal responsibility, and trust8 worthiness;

9 ‘‘(R) establishing and maintaining a school

10 violence hotline;

11 ‘‘(S) activities to ensure students’ safe

12 travel to and from school, including pedestrian

13 and bicycle safety education; and

14 ‘‘(T) the evaluation of any of the activities

15 authorized under this subsection and the collec16 tion of any data required by this part.

17 ‘‘SEC. 5116. EVALUATION AND REPORTING.

18 ‘‘(a) DATA COLLECTION.—

19 ‘‘(1) IN GENERAL.—The National Center for

20 Education Statistics shall report, and when appro21 priate, collect data to determine the frequency, seri22 ousness, and incidence of illegal drug use and vio23 lence by youth in schools and communities in the

24 States, using if appropriate, data submitted by the

25 States pursuant to subsection (b).
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1 ‘‘(2) REPORT.—The Secretary shall submit to

2 the Congress a report on the data collected under

3 this subsection.

4 ‘‘(b) STATE REPORT.—

5 ‘‘(1) IN GENERAL.—Not later than October 1,

6 2004, and every third year thereafter, the chief exec7 utive officer of a State, in consultation with the

8 State educational agency, shall submit to the Sec9 retary a report on the implementation and effective10 ness of State and local programs under this subpart.

11 ‘‘(2) SPECIAL RULE.—The report required by

12 this subsection shall be—

13 ‘‘(A) based on the State’s ongoing evalua14 tion activities, and shall include data on the

15 prevalence of violence and illegal drug use by

16 youth in schools and communities; and

17 ‘‘(B) made available to the public upon re18 quest, with public notice of such availability

19 provided.

20 ‘‘(c) LOCAL EDUCATIONAL AGENCY REPORT.—Each

21 local educational agency receiving funds under this sub22 part shall submit to the State such information, and at

23 such intervals as the State reasonably requires to complete

24 the State report required by subsection (b), information

25 on the prevalence of violence and illegal drug use by youth
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1 in the schools and the community and the progress of the

2 local educational agency toward meeting its performance

3 measures. The report shall be made available to the public

4 upon request, with public notice of such availability pro5 vided.

6 ‘‘Subpart 2—21st Century Schools

7 ‘‘SEC. 5121. STATE ALLOTMENTS FOR 21ST CENTURY

8 SCHOOLS.

9 ‘‘(a) STATE ALLOTMENTS.—

10 ‘‘(1) IN GENERAL.—Except as provided in para11 graph (2), from the amount made available under

12 section 5003(2) to carry out this subpart for each

13 fiscal year, the Secretary shall allocate among the

14 States—

15 ‘‘(A) one-half of such amount according to

16 the ratio between the school-aged population of

17 each State and the school-aged population of all

18 the States; and

19 ‘‘(B) one-half of such amount according to

20 the ratio between the amount each State re21 ceived under part A of title I for the preceding

22 year and the sum of such amounts received by

23 all the States.

24 ‘‘(2) MINIMUM.—For any fiscal year, no State

25 shall be allotted under this subsection an amount
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that is less than 1 1 ⁄2 of 1 percent of the total amount

2 allotted to all the States under this subsection.

3 ‘‘(b) REALLOTMENT OF UNUSED FUNDS.—If any

4 State does not apply for an allotment under this subpart

5 for a fiscal year, the Secretary shall reallot the amount

6 of the State’s allotment to the remaining States in accord7 ance with this section.

8 ‘‘(c) STATE FUNDS.—

9 ‘‘(1) IN GENERAL.—Each State that receives a

10 grant under this subpart shall reserve an amount

11 equal to the amount allotted to such State under

12 subsection (a), less the amount reserved under para13 graphs (2) and (3) of this subsection, for each fiscal

14 year for its local educational agencies.

15 ‘‘(2) STATE ADMINISTRATION.—A State may

16 use not more than 1 percent of the amount made

17 available under subsection (a) for the administrative

18 costs of carrying out its responsibilities under this

19 subpart.

20 ‘‘(3) STATE ACTIVITIES.—A State may use not

21 more than 4 percent of the amount made available

22 under subsection (a) for the following activities:

23 ‘‘(A) Monitoring and evaluation of pro24 grams and activities assisted under this sub25 part.
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1 ‘‘(B) Providing capacity building, training,

2 and technical assistance under this subpart.

3 ‘‘SEC. 5122. STATE APPLICATION.

4 ‘‘(a) IN GENERAL.—In order to receive an allotment

5 under section 5121(a) for any fiscal year, a State shall

6 submit to the Secretary, at such time as the Secretary may

7 require, an application that—

8 ‘‘(1) designates the State educational agency as

9 the agency responsible for the administration and

10 supervision of programs assisted under this subpart;

11 ‘‘(2) describes the competitive procedures and

12 criteria the State will use to ensure that grants

13 under this subpart will support quality extended

14 learning opportunities;

15 ‘‘(3) an assurance that the program will pri16 marily target students who attend schools eligible for

17 schoolwide programs under section 1114;

18 ‘‘(4) describes the steps the State will take to

19 ensure that programs implement effective strategies,

20 including providing ongoing technical assistance and

21 training, evaluation, and dissemination of promising

22 practices;

23 ‘‘(5) describe how activities funded under this

24 subpart will support State academic achievement

25 goals in accordance with section 1111;
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1 ‘‘(6) describe how funds under this subpart will

2 be coordinated with programs under this Act, and

3 other programs; as appropriate, in accordance with

4 the provisions of section 8306;

5 ‘‘(7) provides an assurance that funds under

6 this subpart will be used to increase the level of

7 State, local, and other non-Federal funds that

8 would, in the absence of funds under this subpart,

9 be made available for programs and activities au10 thorized under this subpart; and in no case supplant

11 such State, local, and other non-Federal funds:

12 ‘‘(8) provides an assurance that the application

13 was developed in consultation and coordination with

14 appropriate State officials, including the chief State

15 school officer, the heads of the State health and

16 mental health agencies or their designees, represent17 atives of teachers, parents, students, the business

18 community, and community-based organizations, in19 cluding religious organizations;

20 ‘‘(9) describes the results of the State’s needs

21 and resources assessment for before and after school

22 activities, which shall be based on the results of on23 going State evaluation activities;

24 ‘‘(10) describes how the State will evaluate the

25 effectiveness of programs and activities carried out
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1 under this subpart which shall include at a

2 minimum—

3 ‘‘(A) a description of the performance indi4 cators and performance measures that will be

5 used to evaluate programs and activities; and

6 ‘‘(B) public dissemination of the evalua7 tions of programs and activities carried out

8 under this subpart; and

9 ‘‘(11) provides for timely public notice of intent

10 to file application and an assurance that the applica11 tion will be available for public review after submis12 sion of the application.

13 ‘‘(b) GENERAL APPROVAL.—A State application sub14 mitted pursuant to subsection (a) shall be deemed to be

15 approved by the Secretary unless the Secretary makes a

16 written determination, prior to the expiration of the 90-

17 day period beginning on the date that the Secretary re18 ceives the application, that the application is in violation

19 of this subpart.

20 ‘‘(c) DISAPPROVAL.—The Secretary shall not finally

21 disapprove a State application, except after giving the

22 State notice and opportunity for a hearing.

23 ‘‘SEC. 5123. COMPETITIVE GRANT PROGRAM.

24 ‘‘(a) IN GENERAL.—A State that receives funds

25 under this subpart shall provide the amount made avail-
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1 able under section 5121 to eligible entities for 21st cen2 tury community learning programs in accordance with this

3 subpart.

4 ‘‘(b) ELIGIBILITY.—

5 ‘‘(1) IN GENERAL.—To be eligible to receive a

6 subgrant under this subpart, an eligible entity desir7 ing a subgrant shall submit an application to the

8 State that contains—

9 ‘‘(A) a description of the before and after

10 school activity to be funded including—

11 ‘‘(i) an assurance that the program

12 will take place in a safe and easily acces13 sible facility;

14 ‘‘(ii) a description of how students

15 participating in the center will travel safely

16 to and from the community learning center

17 and back home; and

18 ‘‘(iii) a description of how the eligible

19 applicant will disseminate information

20 about the project (including its location) to

21 the community in a manner that is under22 standable and accessible.

23 ‘‘(B) a description of how the activity is

24 expected to improve student academic perform25 ance;
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1 ‘‘(C) a description of how the activity will

2 meet the principles of effectiveness described in

3 section 5124;

4 ‘‘(D) an assurance that the program will

5 primarily target students who attend schools el6 igible for schoolwide programs under section

7 1114;

8 ‘‘(E) provides an assurance that funds

9 under this subpart will be used to increase the

10 level of State, local, and other non-Federal

11 funds that would, in the absence of funds under

12 this subpart, be made available for programs

13 and activities authorized under this subpart;

14 and in no case supplant such State, local, and

15 other non-Federal funds;

16 ‘‘(F) a description of the partnership with

17 local educational agency, a community-based or18 ganization, and another public entity or private

19 organization, if appropriate;

20 ‘‘(G) a certification that a meaningful as21 sessment has been conducted to determine com22 munity needs, available resources and capacity

23 in the findings of such assessments, and a de24 scription of the mechanisms used to provide ef-
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1 fective notice to the community of an intention

2 to submit an application under this subpart;

3 ‘‘(H) a description of the applicants experi4 ence, or promise of success, in providing edu5 cational or related activities that will com6 pliment and enhance the student’s academic

7 achievement;

8 ‘‘(I) an assurance that the applicant will

9 develop a plan to continue the activity after

10 funding under this subpart ends;

11 ‘‘(J) an assurance that the application and

12 any waiver request will be available for public

13 review after submission of the application; and

14 ‘‘(K) such other information and assur15 ances as the State may reasonably require.

16 ‘‘(2) ELIGIBLE ENTITY.—An eligible entity

17 under this subpart is a local educational agency,

18 community-based organization, and other public en19 tity or private organization or a consortium of two

20 or more of such groups.

21 ‘‘(c) PEER REVIEW.—In reviewing local applications

22 under this section, a State shall use a peer review process

23 or other methods of assuring the quality of such applica24 tions.
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1 ‘‘(d) GEOGRAPHIC DIVERSITY.—To the extent prac2 ticable, a State shall distribute funds equitably among geo3 graphic areas within the State.

4 ‘‘(e) DURATION OF AWARDS.—Grants under this

5 subpart may be awarded for a period of not less than 3

6 years and not more than 5 years.

7 ‘‘(f) AMOUNT OF AWARDS.—A grant awarded under

8 this subpart may not be made in an amount of less than

9 $50,000.

10 ‘‘(g) PRIORITY.—In making awards under this sub11 part, the State shall give priority to applications submitted

12 by applicants proposing to target services to students who

13 attend schools that have been identified as in need of im14 provement under section 1116.

15 ‘‘(h) PERMISSIVE LOCAL MATCH.—

16 ‘‘(1) IN GENERAL.—A State may require an eli17 gible entity to match funds awarded under this sub18 part, except that such match may not exceed the

19 amount of the grant award.

20 ‘‘(2) SLIDING SCALE.—The amount of a match

21 under paragraph (1) shall be established based on a

22 sliding fee scale that takes into account—

23 ‘‘(A) the relative poverty of the population

24 to be targeted by the eligible entity; and
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1 ‘‘(B) the ability of the eligible entity to ob2 tain such matching funds.

3 ‘‘(3) IN-KIND CONTRIBUTIONS.—Each State

4 that requires an eligible entity to match funds under

5 this subsection shall permit such entity to provide all

6 or any portion of such match in the form of in-kind

7 contributions.

8 ‘‘(4) CONSIDERATION.—Notwithstanding this

9 subsection, a State shall not consider an eligible en10 tity’s ability to match funds when determining which

11 eligible entities will receive subgrants under this sub12 part.

13 ‘‘SEC. 5124. LOCAL ACTIVITIES.

14 ‘‘(a) PRINCIPLES OF EFFECTIVENESS.—

15 ‘‘(1) IN GENERAL.—For a program or activity

16 developed pursuant to this subpart to meet the prin17 ciples of effectiveness, such program or activity

18 shall—

19 ‘‘(A) be based upon an assessment of ob20 jective data regarding the need for before and

21 after school programs and activities in such

22 schools and communities;

23 ‘‘(B) be based upon an established set of

24 performance measures aimed at ensuring the
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1 availability of quality extended learning oppor2 tunities; and

3 ‘‘(C) if appropriate, be based upon scientif4 ically based research that provides evidence that

5 the program will help students meet State and

6 local performance standards to be used.

7 ‘‘(2) PERIODIC EVALUATION.—The program or

8 activity shall undergo a periodic evaluation to assess

9 its progress toward achieving its goal of providing

10 quality extended learning opportunities. The results

11 shall be used to refine, improve, and strengthen the

12 program, and to refine the performance measures.

13 The results shall also be made available to the public

14 upon request, with public notice of such availability

15 provided.

16 ‘‘(b) SERVICES.—Each eligible entity that receives a

17 subgrant under this subpart shall use such funds to estab18 lish or expand activities in community learning centers

19 that—

20 ‘‘(1) provide quality extended learning opportu21 nities to help students, particularly students who at22 tend low-performing schools, to meet State and local

23 student performance standards in the core academic

24 subjects, such as reading and mathematics; and
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1 ‘‘(2) provide students with additional activities,

2 such as drug and violence prevention programs, art

3 and music programs, technology education pro4 grams, recreational activity, and character education

5 programs that are linked to, and reinforce, the reg6 ular academic program of schools those students at7 tend.

8 ‘‘(c) AUTHORIZED ACTIVITIES.—Each eligible entity

9 that receives a subgrant under this subpart may use such

10 funds to carry out activities, such as—

11 ‘‘(1) before and after school activities (including

12 summer school programs) that advance student

13 achievement, including—

14 ‘‘(A) remedial education activities and aca15 demic enrichment learning programs, including

16 providing additional assistance to students in

17 order to allow them to improve their academic

18 achievement;

19 ‘‘(B) math and science education activities;

20 ‘‘(C) arts and music education activities;

21 ‘‘(D) entrepreneurial education programs;

22 ‘‘(E) tutoring services (including those pro23 vided by senior citizen volunteers) and men24 toring programs;

25 ‘‘(F) recreational activities;
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1 ‘‘(G) telecommunications and technology

2 education programs;

3 ‘‘(H) expanded library service hours;

4 ‘‘(I) programs that promote parental in5 volvement; and

6 ‘‘(J) programs that provide assistance to

7 students who have been truant, suspended, or

8 expelled to allow them to improve their aca9 demic achievement; and

10 ‘‘(2) establishing or enhancing programs or ini11 tiatives that improve academic achievement.

12 ‘‘(d) DEFINITION.—For the purpose of this section,

13 a ‘community learning center’ is an entity that assists stu14 dents to meet State and local content and student per15 formance standards in core academic subjects, such as

16 reading and mathematics, by providing them with quality

17 extended learning opportunities and related activities

18 (such as drug and violence-prevention programs, art and

19 music programs, recreational programs, technology edu20 cation programs, and character education programs) that

21 are linked to, and reinforce, the regular academic program

22 of schools attended by the students served and is operated

23 by a local educational agency, community-based organiza24 tion, other public entity or private organization or a con25 sortium of two or more such groups. Community learning
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1 centers shall operate outside school hours, such as before

2 or after school, during the summer, or when school is not

3 in session.

4 ‘‘Subpart 3—National Programs

5 ‘‘SEC. 5131. FEDERAL ACTIVITIES.

6 ‘‘(a) PROGRAM AUTHORIZED.—

7 ‘‘(1) IN GENERAL.—From funds made available

8 to carry out this part under section 5003(3), the

9 Secretary, in consultation with the Secretary of

10 Health and Human Services, the Director of the Of11 fice of National Drug Control Policy, and the Attor12 ney General, shall evaluate the effectiveness of pro13 grams and activities that prevent violence and the il14 legal use of drugs by youth, that promote safety and

15 discipline for students in elementary and secondary

16 schools, and that provide before and after school su17 pervision and academic enrichment, based on the

18 needs reported by States and local educational agen19 cies.

20 ‘‘(2) COORDINATION.—The Secretary shall

21 carry out activities described in paragraph (1) di22 rectly, or through grants, contracts, or cooperative

23 agreements with public and private nonprofit and

24 for-profit organizations, and individuals, or through

25 agreements with other Federal agencies, and shall
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1 coordinate such activities with other appropriate

2 Federal activities.

3 ‘‘(3) PROGRAMS.—Activities described in para4 graph (1) may include—

5 ‘‘(A) demonstrations and rigorous scientif6 ically based evaluations of innovative ap7 proaches to drug and violence prevention and

8 before and after school activities based on needs

9 reported by State and local educational agen10 cies;

11 ‘‘(B) the provision of information on drug

12 abuse education and prevention to the Secretary

13 of Health and Human Services for dissemina14 tion by the clearinghouse for alcohol and drug

15 abuse information established under section

16 501(d)(16) of the Public Health Service Act;

17 ‘‘(C) the provision of information on vio18 lence prevention and school safety to the Attor19 ney General for dissemination; and

20 ‘‘(D) continuing technical assistance to

21 chief executive officers, State agencies, and

22 local educational agencies to build capacity to

23 develop and implement high-quality, effective

24 programs consistent with the principles of effec25 tiveness.
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1 ‘‘(b) PEER REVIEW.—The Secretary shall use a peer

2 review process in reviewing applications for funds under

3 this section.

4 ‘‘Subpart 4—Gun Possession

5 ‘‘SEC. 5141. GUN-FREE SCHOOL REQUIREMENTS.

6 ‘‘(a) REQUIREMENTS.—

7 ‘‘(1) STATE LAW.—Each State receiving funds

8 under this Act shall—

9 ‘‘(A) have in effect a State law requiring

10 each local educational agency to expel from

11 school for a period of not less than one year a

12 student who is determined to have possessed a

13 firearm in or at a school or on school grounds

14 under the jurisdiction of a local educational

15 agency in that State, except that such State law

16 shall allow the chief administering officer of

17 such local educational agency to modify such

18 expulsion requirement for a student on a case19 by-case basis; and

20 ‘‘(B) require each local educational agency

21 to adopt a policy requiring each elementary and

22 secondary school to refer to the criminal justice

23 or juvenile delinquency system any student who

24 possesses a firearm in school.
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1 ‘‘(2) CONSTRUCTION.—Nothing in this part

2 shall be construed to prevent a State from allowing

3 a local educational agency that has expelled a stu4 dent from such student’s regular school setting from

5 providing educational services to such student in an

6 alternative setting.

7 ‘‘(b) REPORT TO STATE.—Each local educational

8 agency requesting assistance from the State educational

9 agency that is to be provided from funds made available

10 to the State under this Act shall provide to the State, in

11 the application requesting such assistance—

12 ‘‘(1) an assurance that such local educational

13 agency is in compliance with the requirements of

14 subsection (a); and

15 ‘‘(2) a description of the circumstances sur16 rounding incidents of possessions and any expulsions

17 imposed under the State law required by subsection

18 (a)(1), including—

19 ‘‘(A) the name of the school concerned;

20 ‘‘(B) the number of students expelled from

21 such school for firearm possession; and

22 ‘‘(C) the type of firearm concerned.

23 ‘‘(c) SPECIAL RULE.—The provisions of this section

24 shall be construed in a manner consistent with the Individ25 uals with Disabilities Education Act.
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1 ‘‘(d) DEFINITIONS.—For the purpose of this

2 subpart—

3 ‘‘(1) the term ‘firearm’ has the same meaning

4 given to such term under section 921(a)(3) of title

5 18, United States Code; and

6 ‘‘(2) the term ‘school’ does not include a home

7 school, regardless of whether a home school is treat8 ed as a private school under State law.

9 ‘‘Subpart 5—General Provisions

10 ‘‘SEC. 5151. DEFINITIONS.

11 ‘‘For the purposes of this part, the following terms

12 have the following meanings:

13 ‘‘(1) BEFORE AND AFTER SCHOOL ACTIVI14 TIES.—The term ‘before and after school activities’

15 means academic, recreational, and enrichment activi16 ties for school-age youth outside of the regular

17 school hours or school year.

18 ‘‘(2) CONTROLLED SUBSTANCE.—The term

19 ‘controlled substance’ means a drug or other sub20 stance identified under Schedule I, II, III, IV, or V

21 in section 202(c) of the Controlled Substances Act

22 (21 U.S.C. 812(c)).

23 ‘‘(3) DRUG.—The term ‘drug’ includes con24 trolled substances; the illegal use of alcohol and to25 bacco; and the harmful, abusive, or addictive use of
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1 substances, including inhalants and anabolic

2 steroids.

3 ‘‘(4) DRUG AND VIOLENCE PREVENTION.—The

4 term ‘drug and violence prevention’ means—

5 ‘‘(A) with respect to drugs, prevention,

6 early intervention, rehabilitation referral, or

7 education related to the illegal use of drugs;

8 and

9 ‘‘(B) with respect to violence, the pro10 motion of school safety, such that students and

11 school personnel are free from violent and dis12 ruptive acts, on school premises, going to and

13 from school, and at school-sponsored activities,

14 through the creation and maintenance of a

15 school environment that is free of weapons and

16 harassment and fosters individual responsibility

17 and respect for the rights of others.

18 ‘‘(5) NONPROFIT.—The term ‘nonprofit,’ as ap19 plied to a school, agency, organization, or institution

20 means a school, agency, organization, or institution

21 owned and operated by one or more nonprofit cor22 porations or associations, no part of the net earnings

23 of which inures, or may lawfully inure, to the benefit

24 of any private shareholder or individual.
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1 ‘‘(6) SCHOOL-AGED POPULATION.—The term

2 ‘school-aged population’ means the population aged

3 5 through 17, as determined by the Secretary on the

4 basis of the most recent satisfactory data available

5 from the Department of Commerce.

6 ‘‘(7) SCHOOL BASED MENTAL HEALTH SERV7 ICES PROVIDER.—The term ‘school based mental

8 health services provider’ includes a State licensed or

9 State certified school counselor, school psychologist,

10 school social worker, or other State licensed or cer11 tified mental health professional qualified under

12 State law to provide such services to children and

13 adolescents.

14 ‘‘(8) SCHOOL PERSONNEL.—The term ‘school

15 personnel’ includes teachers, principals, administra16 tors, guidance counselors, social workers, psycholo17 gists, nurses, librarians, and other support staff who

18 are employed by a school or who perform services for

19 the school on a contractual basis.

20 ‘‘(9) STATE.—The term ‘State’ means each of

21 the 50 States, the District of Columbia, and the

22 Commonwealth of Puerto Rico.

23 ‘‘SEC. 5152. MESSAGE AND MATERIALS.

24 ‘‘(a) ‘WRONG AND HARMFUL’ MESSAGE.—Drug pre25 vention programs supported under this title shall convey
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1 a clear and consistent message that the illegal use of drugs

2 is wrong and harmful.

3 ‘‘(b) CURRICULUM.—The Secretary shall not pre4 scribe the use of specific curricula for programs supported

5 under this part.

6 ‘‘SEC. 5153. PARENTAL CONSENT.

7 ‘‘Upon receipt of written notification from the par8 ents or legal guardians of a student, the local educational

9 agency shall withdraw such student from any program or

10 activity funded under this title. The local educational

11 agency shall make reasonable efforts to inform parents or

12 legal guardians of the content of such programs or activi13 ties funded under this title, other than classroom instruc14 tion.

15 ‘‘SEC. 5154. PROHIBITED USES OF FUNDS.

16 ‘‘No funds under this part may be used for—

17 ‘‘(1) construction (except for minor remodeling

18 needed to accomplish the purposes of this part); or

19 ‘‘(2) medical services, drug treatment or reha20 bilitation, except for pupil services or referral to

21 treatment for students who are victims of, or wit22 nesses to, use of drugs or crime.

23 ‘‘SEC. 5155. DISCIPLINE OF CHILDREN WITH DISABILITIES.

24 ‘‘(a) AUTHORITY OF SCHOOL PERSONNEL.—Each

25 State receiving funds under this Act shall require each
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1 local educational agency to have in effect a policy under

2 which school personnel of such agency may discipline (in3 cluding expel or suspend) a child with a disability who—

4 ‘‘(1) carries or possesses a weapon to or at a

5 school, on school premises, or to or at a school func6 tion, under the jurisdiction of a State or a local edu7 cational agency;

8 ‘‘(2) knowingly possesses or uses illegal drugs

9 or sells or solicits the sale of a controlled substance

10 at a school, on school premises, or at a school func11 tion, under the jurisdiction of a State or a local edu12 cational agency; or

13 ‘‘(3) commits an aggravated assault or battery

14 (as defined under State or local law) at a school, on

15 school premises, or at a school function, under the

16 jurisdiction of a State or local educational agency,

17 in the same manner in which such personnel may dis18 cipline a child without a disability. Such personnel may

19 modify the disciplinary action on a case-by-case basis.

20 ‘‘(b) RULE OF CONSTRUCTION.—Nothing in sub21 section (a) shall be construed to prevent a child with a

22 disability who is disciplined pursuant to the authority pro23 vided under paragraph (1) or (2) of subsection (a) from

24 asserting a defense that the carrying or possession of the

25 weapon, or the possession or use of the illegal drugs (or
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1 the sale or solicitation of the controlled substance), as the

2 case may be, was unintentional or innocent.

3 ‘‘(c) FREE APPROPRIATE PUBLIC EDUCATION.—

4 ‘‘(1) CEASING TO PROVIDE EDUCATION.—Not5 withstanding any other provision of Federal law, a

6 child expelled or suspended under subsection (a)

7 shall not be entitled to continue educational services,

8 including a free appropriate public education, re9 quired under Federal law during the term of such

10 expulsion or suspension, if the State in which the

11 local educational agency responsible for providing

12 educational services to such child does not require a

13 child without a disability to receive educational serv14 ices after being expelled or suspended.

15 ‘‘(2) PROVIDING EDUCATION.—Notwithstanding

16 paragraph (1), the local educational agency respon17 sible for providing educational services to a child

18 with a disability who is expelled or suspended under

19 paragraph (1) may choose to continue to provide

20 educational services or mental health services to

21 such child. If the local educational agency so chooses

22 to continue to provide the services—

23 ‘‘(A) nothing in any other provision of

24 Federal law shall require the local educational
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1 agency to provide such child with any particular

2 level of service; and

3 ‘‘(B) the location where the local edu4 cational agency provides the services shall be

5 left to the discretion of the local educational

6 agency.

7 ‘‘(d) DEFINITIONS.—In this section:

8 ‘‘(1) CONTROLLED SUBSTANCE.—The term

9 ‘controlled substance’ has the meaning given the

10 term in section 5151.

11 ‘‘(2) ILLEGAL DRUG.—The term ‘illegal drug’

12 means a controlled substance, but does not include

13 such a substance that is legally possessed or used

14 under the supervision of a licensed health-care pro15 fessional or that is legally possessed or used under

16 any other authority under the Controlled Substances

17 Act or under any other provision of Federal law.

18 ‘‘(3) WEAPON.—The term ‘weapon’ has the

19 meaning given the term ‘dangerous weapon’ under

20 subsection (g)(2) of section 930 of title 18, United

21 States Code.
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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

11 achievement and that may be evaluated for effective12 ness and 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

25 teachers, principals, and administrators with the ca26 pacity to effectively integrate technology into cur-
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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 pro4 fessional development programs.

5 ‘‘(5) To enhance the ongoing professional devel6 opment of teachers, principals, and administrators

7 by providing constant access to training to updated

8 research in teaching and learning via electronic

9 means.

10 ‘‘(6) To support the development of electronic

11 networks and other innovative methods, such as dis12 tance learning, of delivering challenging courses and

13 curricula for students who would otherwise not have

14 access to such courses and curricula, particularly in

15 geographically remote regions.

16 ‘‘(7) To support the rigorous evaluation of pro17 grams funded under this part, particularly the im18 pact of such initiatives on student academic per19 formance, and ensure that timely information on the

20 results of such evaluations is widely accessible

21 through electronic means.

22 ‘‘(8) To support local efforts for the use of

23 technology to promote parent and family involve24 ment in education and communication among stu-
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1 dents, parents, teachers, principals, and administra2 tors.

3 ‘‘SEC. 5203. AUTHORIZATION OF APPROPRIATIONS; FUND4 ING RULE.

5 ‘‘(a) IN GENERAL.—There are authorized to be

6 appropriated—

7 ‘‘(1) to carry out subparts 1 and 2 of this

8 part—

9 ‘‘(A) $1,000,000,000 for fiscal year 2002;

10 and

11 ‘‘(B) such sums as may be necessary for

12 each of fiscal years 2003 through 2006; and

13 ‘‘(2) to carry out subpart 3 of this part—

14 ‘‘(A) $24,500,000 for fiscal year 2002; and

15 ‘‘(B) such sums as may be necessary for

16 each of fiscal years 2003 through 2006.

17 ‘‘(b) ALLOCATION OF FUNDS BETWEEN NATIONAL

18 AND STATE AND LOCAL INITIATIVES.—The amount of

19 funds made available under subsection (a) shall be allo20 cated as follows:

21 ‘‘(1) Not less than 95 percent shall be made

22 available for State and local technology initiatives

23 under subpart 1.

24 ‘‘(2) Not more than 5 percent may be made

25 available for activities of the Secretary under sub-
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1 part 2, of which not more than $15,000,000 may be

2 used for the study required by section 5221(a)(1).

3 ‘‘SEC. 5204. DEFINITIONS.

4 ‘‘In this part:

5 ‘‘(1) The term ‘distance learning’ means the

6 transmission of educational or instructional pro7 gramming to geographically dispersed individuals

8 and groups via telecommunications.

9 ‘‘(2) The term ‘eligible local entity’ means—

10 ‘‘(A) a high-need local educational agency;

11 or

12 ‘‘(B) an eligible local partnership.

13 ‘‘(3) The term ‘eligible local partnership’ means

14 a partnership that includes at least one high-need

15 local educational agency and at least one—

16 ‘‘(A) local educational agency that can

17 demonstrate that teachers in schools served by

18 that agency are effectively integrating tech19 nology and proven teaching practices into in20 struction, based on scientifically based research,

21 that result in improvement in—

22 ‘‘(i) classroom instruction in the core

23 academic subject areas; and

24 ‘‘(ii) the preparation of students to

25 meet challenging State academic content
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1 and student academic achievement stand2 ards;

3 ‘‘(B) institution of higher education that is

4 in full compliance with the reporting require5 ments of section 207(f) of the Higher Edu6 cation Act of 1965 (20 U.S.C. 1027(f)) and

7 that has not been identified by its State as low8 performing under section 208 of such Act (20

9 U.S.C. 1028);

10 ‘‘(C) for-profit business or organization

11 that develops, designs, manufactures, or pro12 duces technology products or services, or has

13 substantial expertise in the application of tech14 nology; or

15 ‘‘(D) public or private nonprofit organiza16 tion with demonstrated experience in the appli17 cation of educational technology.

18 ‘‘(4) The term ‘high-need local educational

19 agency’ means a local educational agency that—

20 ‘‘(A) is among the local educational agen21 cies in the State with the highest numbers or

22 percentages of children from families with in23 comes below the poverty line, as defined by the

24 Office of Management and Budget and revised

25 annually in accordance with section 673(2) of
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1 the Community Services Block Grant Act (42

2 U.S.C. 9902(2));

3 ‘‘(B) includes one or more schools identi4 fied under section 1116; and

5 ‘‘(C) has a substantial need for assistance

6 in acquiring and using technology.

7 ‘‘Subpart 1—State and Local Technology for Success

8 Grants

9 ‘‘SEC. 5211. DETERMINATION OF AMOUNT OF STATE ALLOT10 MENT.

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

12 this subpart, each State shall be eligible to receive a grant

13 under this subpart for a fiscal year in an allotment deter14 mined as follows:

15 ‘‘(1) 50 percent shall bear the same relationship

16 to the amount made available under section

17 5203(b)(1) for such year as the amount such State

18 received under part A for title I for such year bears

19 to the amount received for such year under such

20 part by all States.

21 ‘‘(2) 50 percent shall be determined on the

22 basis of the State’s relative population of individuals

23 age 5 through 17, as determined by the Secretary on

24 the basis of the most recent satisfactory data.
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1 ‘‘(b) RESERVATION OF FUNDS FOR BUREAU OF IN2 DIAN AFFAIRS AND OUTLYING AREAS.—Of the amount

3 made available to carry out this subpart under section

4 5203(b)(1) for a fiscal year—

‘‘(1) the Secretary shall reserve 1 5 ⁄2 of 1 percent

6 for the Secretary of the Interior for programs under

7 this subpart for schools operated or funded by the

8 Bureau of Indian Affairs; and

‘‘(2) the Secretary shall reserve 1 9 ⁄2 of 1 percent

10 to provide assistance under this subpart to the out11 lying areas.

12 ‘‘(c) MINIMUM ALLOTMENT.—The amount of any

13 State’s allotment under subsection (a) for any fiscal year

may not be less than 1 14 ⁄2 of 1 percent of the amount made

15 available under section 5203(b)(1) for such year.

16 ‘‘(d) REALLOTMENT OF UNUSED FUNDS.—If any

17 State does not apply for an allotment under this subpart

18 for a fiscal year, or does not use its entire allotment for

19 that fiscal year, the Secretary shall reallot the amount of

20 the State’s allotment, or the unused portion thereof, to

21 the remaining States in accordance with this section.

22 ‘‘SEC. 5212. USE OF ALLOTMENT BY STATE.

23 ‘‘(a) IN GENERAL.—Of the amount provided to a

24 State from its allotment under section 5211—
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1 ‘‘(1) the State may use not more than 5 percent

2 to carry out activities under section 5215; and

3 ‘‘(2) subject to subsection (b), not less than 95

4 percent shall be distributed by the State as follows:

5 ‘‘(A) 60 percent of such amount shall—

6 ‘‘(i) be awarded to local educational

7 agencies that have submitted applications

8 to the State under section 5214 (which, in

9 the case of a local educational agency that

10 is an eligible local entity, may be combined

11 with an application for funds awarded

12 under subparagraph (B)), in an amount

13 that bears the same relationship to the

14 amount made available under section

15 5211(a) for such year as the amount such

16 local educational agency received under

17 part A of title I for such year bears to the

18 amount received for such year under such

19 part by all local educational agencies with20 in the State; and

21 ‘‘(ii) be used for the activities de22 scribed in section 5216.

23 ‘‘(B) 40 percent of such amount shall be

24 awarded through a State-determined competi25 tive process to eligible local entities that have
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1 submitted applications to the State under sec2 tion 5214 (which, in the case of an eligible local

3 entity that is a local educational agency, may be

4 combined with an application for funds provided

5 under subparagraph (A)), to be used to carry

6 out activities consistent with activities described

7 in section 5216.

8 ‘‘(b) CONTINUATION OF AWARDS.—Notwithstanding

9 section 3 of the No Child Left Behind Act of 2001, a State

10 shall make continuation awards on multiyear grants

11 awarded by the State under section 3132(a)(2) (as in ef12 fect on the day preceding the date of enactment of such

13 Act) from the funds described in subsection (a)(2) for the

14 shorter of—

15 ‘‘(1) the duration of the original grant period;

16 or

17 ‘‘(2) two years after the date of enactment of

18 such Act.

19 ‘‘SEC. 5213. STATE APPLICATIONS.

20 ‘‘(a) IN GENERAL.—To be eligible to receive a grant

21 under this subpart, a State shall submit an application

22 to the Secretary containing a new or updated statewide,

23 long-range strategic educational technology plan (which

24 shall consider the educational technology needs of local

25 educational agencies), and such other information as the
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1 Secretary may reasonably require, at such time and in

2 such manner as the Secretary may specify.

3 ‘‘(b) CONTENTS.—Each State application submitted

4 under this section shall include the following:

5 ‘‘(1) A description of how the State will use

6 funds provided under this subpart to improve the

7 academic achievement of all students and to improve

8 the capacity of all teachers to provide instruction in

9 the State through the use of education technology.

10 ‘‘(2) A description of the State’s goals for using

11 advanced technology to improve student achievement

12 aligned to challenging State academic content and

13 student academic achievement standards.

14 ‘‘(3) A description of how the State will take

15 steps (including through public and private partner16 ships) to ensure that all students and teachers in the

17 State, particularly those residing or teaching in dis18 tricts served by high-need local educational agencies,

19 will have increased access to educational technology.

20 ‘‘(4) A description of—

21 ‘‘(A) how the State will ensure ongoing in22 tegration of technology into instructional strate23 gies and school curricula in all schools in the

24 State, so that technology will be fully integrated

25 into those schools by December 31, 2006; and
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1 ‘‘(B) the process and accountability meas2 ures the State will use for the evaluation of

3 such integration, including whether such

4 integration—

5 ‘‘(i) has increased the ability of teach6 ers to teach effectively; and

7 ‘‘(ii) has enabled students to meet

8 challenging State academic content and

9 student academic achievement standards.

10 ‘‘(5) A description of how the State will encour11 age the development and utilization of innovative

12 strategies for the delivery of specialized or rigorous

13 academic courses and curricula through the use of

14 technology and distance learning, particularly for

15 those areas of the State that would not otherwise

16 have access to such courses and curricula due to

17 geographical isolation or insufficient resources.

18 ‘‘(6) An assurance that financial assistance pro19 vided under this subpart shall supplement, not sup20 plant, State and local funds.

21 ‘‘(7) A description of how the State will ensure

22 that every teacher and principal within a school

23 funded under this subpart will be computer-literate

24 and proficient (as determined by the State) by De25 cember 31, 2006.
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1 ‘‘(8) A description of how the State will ensure

2 that each grant under section 5212(a)(2)(B) to an

3 eligible local applicant is of sufficient duration, size,

4 scope, and quality to carry out the purposes of this

5 part effectively.

6 ‘‘(9) A description of how the State educational

7 agency will provide technical assistance to eligible

8 local applicants, and its capacity for providing such

9 assistance, including developing public and private

10 partnerships under this part.

11 ‘‘(c) DEEMED APPROVAL.—A State application sub12 mitted to the Secretary under this section shall be deemed

13 to be approved by the Secretary unless the Secretary

14 makes a written determination, prior to the expiration of

15 the 90-day period that begins on the date the Secretary

16 receives the complete application, that the application does

17 not reasonably meet the purposes of this subpart.

18 ‘‘(d) DISAPPROVAL.—The Secretary may issue a final

19 disapproval of a State’s application under this subpart

20 only after giving the State notice and an opportunity for

21 a hearing.

22 ‘‘(e) DISSEMINATION OF INFORMATION ON STATE

23 APPLICATIONS.—The Secretary shall make information on

24 State applications under this subpart widely available to

25 schools and the general public, including through dissemi-
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1 nation on the Internet, in a timely and user-friendly man2 ner.

3 ‘‘SEC. 5214. LOCAL APPLICATIONS.

4 ‘‘(a) IN GENERAL.—An applicant seeking to receive

5 funds from a State under this subpart shall submit to the

6 State an application containing a new or updated long7 range local strategic educational technology plan con8 sistent with the objectives of the statewide education tech9 nology plan described in section 5213(a), and such other

10 information as the State may reasonably require, at such

11 time, and in such manner as the State may specify.

12 ‘‘(b) CONTENTS OF LOCAL APPLICATION.—Each

13 local application described in this section shall include the

14 following:

15 ‘‘(1) A description of how the applicant will use

16 Federal funds provided under this subpart to im17 prove the academic achievement of all students and

18 to improve the capacity of all teachers to provide in19 struction through the use of education technology.

20 Such a description may include how the applicant

21 will provide release time for teachers (which may in22 clude the provision of a substitute teacher).

23 ‘‘(2) A description of the applicant’s specific

24 goals for using advanced technology to improve stu25 dent achievement aligned to challenging State aca-
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1 demic content and student academic achievement

2 standards.

3 ‘‘(3) A description of—

4 ‘‘(A) how the applicant will take steps to

5 ensure that all students and teachers in schools

6 served by the local educational agency (particu7 larly those in high-poverty and high-need

8 schools) have increased access to educational

9 technology; and

10 ‘‘(B) how such technology will be used to

11 improve the academic achievement for such stu12 dents.

13 ‘‘(4) A description of how the applicant will

14 promote—

15 ‘‘(A) the utilization of teaching strategies

16 and curricula, based on scientifically based re17 search, which effectively integrate technology

18 into instruction, leading to improvements in

19 student academic achievement as measured by

20 challenging State academic content and student

21 academic achievement standards; and

22 ‘‘(B) sustained and intensive, high-quality

23 professional development consistent with section

24 2033 (as applicable), based on scientifically

25 based research, which increases teacher and
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1 principal capacity to create improved learning

2 environments through the integration of tech3 nology into instruction through proven strate4 gies and improved content as described in sub5 paragraph (A).

6 ‘‘(5) A description of how the applicant will in7 tegrate technology (including software and other

8 electronically delivered learning materials) across the

9 curriculum and a time line for such integration, in10 cluding a description of how the applicant will make

11 effective use of new and emerging technologies and

12 teaching practices that are linked to such emerging

13 technologies to provide challenging content and im14 proved classroom instruction.

15 ‘‘(6) A description of how the applicant will co16 ordinate education technology activities funded

17 under this subpart, including professional develop18 ment, with any such activities provided under other

19 Federal, State, and local programs, including those

20 authorized under title I, title II, title IV, and the In21 dividuals with Disabilities Education Act (20 U.S.C.

22 1400 et seq.) and the Carl D. Perkins Vocational

23 and Technical Education Act of 1998 (20 U.S.C.

24 2301 et seq.).
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1 ‘‘(7) A description of the accountability meas2 ures and process the applicant will use for the eval3 uation of the extent to which funds provided under

4 this subpart were effective in integrating technology

5 into school curriculum, increasing the ability of

6 teachers to teach, and enabling students to meet

7 challenging State academic content and student aca8 demic achievement standards.

9 ‘‘(8) A description of how the applicant will en10 courage the development and utilization of innova11 tive strategies for the delivery of specialized or rig12 orous academic courses and curricula through the

13 use of technology and distance learning, particularly

14 for those areas that would not otherwise have access

15 to such courses and curricula due to geographical

16 isolation or insufficient resources.

17 ‘‘(9) A description of what steps the applicant

18 has taken, or will take, to comply with section

19 5205(a)(1).

20 ‘‘(10) If requested by the State—

21 ‘‘(A) a description of how the applicant will

22 use funds provided under this subpart in a

23 manner that is consistent with any statewide

24 education technology priorities that may be es-
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1 tablished by the State consistent with this sub2 part; and

3 ‘‘(B) a description of how any technology

4 obtained with funds provided under this sub5 part will be integrated with funds provided pre6 viously under title III (as in effect on the day

7 preceding the date of enactment of the No

8 Child Left Behind Act of 2001), as appropriate.

9 ‘‘SEC. 5215. STATE ACTIVITIES.

10 ‘‘(a) IN GENERAL.—From funds made available

11 under section 5212(a)(1), a State shall carry out activities

12 and assist local efforts to carry out the purposes of this

13 subpart, which may include the following activities:

14 ‘‘(1) Developing, or assisting applicants in the

15 development and utilization of, innovative strategies

16 to deliver rigorous academic programs through the

17 use of technology and distance learning, and pro18 viding other technical assistance to such applicants

19 throughout the State, with a priority to high-need

20 local educational agencies.

21 ‘‘(2) Establishing or supporting public-private

22 initiatives, such as interest-free or reduced-cost

23 loans, for the acquisition of educational technology

24 for high-need local educational agencies and stu25 dents attending schools served by such agencies.
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1 ‘‘(3) Assisting applicants in providing sustained

2 and intensive, high-quality professional development

3 based on scientifically based research in the integra4 tion of advanced technologies (including emerging

5 technologies) into curriculum and in using those

6 technologies to create new learning environments, in7 cluding training in the use of technology to—

8 ‘‘(A) access data and resources to develop

9 curricula and instructional materials;

10 ‘‘(B) enable teachers—

11 ‘‘(i) to use the Internet to commu12 nicate with parents, other teachers, prin13 cipals, and administrators; and

14 ‘‘(ii) to retrieve Internet-based learn15 ing resources; and

16 ‘‘(C) lead to improvements in classroom in17 struction in the core academic subject areas,

18 which effectively prepare students to meet chal19 lenging State academic content and student

20 academic achievement standards.

21 ‘‘(4) Assisting applicants in providing all stu22 dents (including students with disabilities and stu23 dents with limited English proficiency) and teachers

24 with access to educational technology.
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1 ‘‘(5) Establishing or expanding access to tech2 nology in areas served by high-need local educational

3 agencies, with special emphasis on access provided

4 through technology centers in partnership with li5 braries and with the support of the private sector.

6 ‘‘(6) Developing enhanced performance meas7 urement systems to determine the effectiveness of

8 education technology programs funded under this

9 subpart, particularly in determining the extent to

10 which education technology funded under this sub11 part has been successfully integrated into teaching

12 strategies and school curriculum, has increased the

13 ability of teachers to teach, and has enabled stu14 dents to meet challenging State academic content

15 and student academic achievement standards.

16 ‘‘(7) Collaborating with other States on dis17 tance learning, including making advanced courses

18 available to students who would otherwise not have

19 access to such courses.

20 ‘‘(b) LIMITATION ON ADMINISTRATIVE COSTS.—Of

21 the 5 percent of the State’s allotment under section 5211

22 which may be used to carry out activities under this sec23 tion, not more than 40 percent may be used by the State

24 for administrative costs.
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1 ‘‘SEC. 5216. LOCAL ACTIVITIES.

2 ‘‘(a) PROFESSIONAL DEVELOPMENT.—A recipient of

3 funds made available under section 5212(a)(2)(A) shall

4 use not less than 20 percent of such funds to provide sus5 tained and intensive, high-quality professional develop6 ment, consistent with section 2033 (as applicable), based

7 on scientifically based research in the integration of ad8 vanced technologies (including emerging technologies) into

9 curriculum and in using those technologies to create new

10 learning environments, including professional development

11 in the use of technology to—

12 ‘‘(1) access data and resources to develop cur13 ricula and instructional materials;

14 ‘‘(2) enable teachers—

15 ‘‘(i) to use the Internet to communicate

16 with parents, other teachers, principals, and ad17 ministrators; and

18 ‘‘(ii) to retrieve Internet-based learning re19 sources; and

20 ‘‘(3) lead to improvements in classroom instruc21 tion in the core academic subject areas, which effec22 tively prepare students to meet challenging State

23 academic content and student academic achievement

24 standards.

25 ‘‘(b) WAIVER.—Subsection (a) does not apply to a re26 cipient of funds under section 5212(a)(2)(A) that dem-
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1 onstrates, to the satisfaction of the State, that such recipi2 ent already provides sustained and intensive, high-quality

3 professional development based on scientifically based re4 search in the integration of technology (including emerg5 ing technologies) into the curriculum.

6 ‘‘(c) OTHER ACTIVITIES.—In addition to the activi7 ties described in subsection (a), a recipient of funds dis8 tributed by a State under section 5212(a)(2)(A) shall use

9 such funds to carry out other activities consistent with this

10 subpart, which may include the following:

11 ‘‘(1) Adapting or expanding existing and new

12 applications of technology to enable teachers to in13 crease student academic achievement through the

14 use of teaching practices and advanced technologies

15 that are based on scientifically based research and

16 are designed to prepare students to meet challenging

17 State academic content and student academic

18 achievement standards, and for developing and uti19 lizing innovative strategies to deliver rigorous aca20 demic programs.

21 ‘‘(2) Expanding, acquiring, implementing, ap22 plying, and maintaining education technology as a

23 means to improve the academic achievement of all

24 students.
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1 ‘‘(3) The establishment or expansion of initia2 tives, particularly those involving public-private part3 nerships, designed to increase access to technology

4 for students and teachers, with special emphasis on

5 the access of high-need local educational agencies to

6 technology.

7 ‘‘(4) Using technology to promote parent and

8 family involvement, and support communications be9 tween students, parents, and teachers.

10 ‘‘(5) Acquiring proven and effective curricula

11 that include integrated technology and are designed

12 to help students achieve challenging State academic

13 content and student academic achievement stand14 ards.

15 ‘‘(6) Using technology to collect, manage, and

16 analyze data to inform school improvement efforts.

17 ‘‘(7) Implementing enhanced performance

18 measurement systems to determine the effectiveness

19 of education technology programs funded under this

20 subpart, particularly in determining the extent to

21 which education technology funded under this sub22 part has been successfully integrated into teaching

23 strategies and school curriculum, has increased the

24 ability of teachers to teach, and has enabled stu-
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1 dents to meet challenging State academic content

2 and student academic achievement standards.

3 ‘‘(8) Preparing one or more teachers in elemen4 tary and secondary schools as technology leaders

5 who are provided with the means to serve as experts

6 and train other teachers in the effective use of tech7 nology.

8 ‘‘(9) Establishing or expanding access to tech9 nology in areas served by high-need local educational

10 agencies, with special emphasis for access provided

11 through technology centers in partnership with li12 braries and with the support of the private sector.

13 ‘‘Subpart 2—National Technology Activities

14 ‘‘SEC. 5221. NATIONAL ACTIVITIES.

15 ‘‘(a) IN GENERAL.—Using funds made available

16 under section 5203(b)(2), the Secretary—

17 ‘‘(1) shall—

18 ‘‘(A) conduct an independent, long-term

19 study, utilizing scientifically based research

20 methods and control groups, on the effect of

21 educational technology on improving student

22 academic achievement;

23 ‘‘(B) include in the study an identification

24 of uses of educational technology (including how

25 teachers can integrate technology into the cur-
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1 ricula) that have a measurable positive impact

2 on student achievement;

3 ‘‘(C) establish an independent review panel

4 to advise the Secretary on methodological and

5 other issues that arise in conducting this long6 term study; and

7 ‘‘(D) submit to the Congress interim re8 ports, when appropriate, and a final report, to

9 be submitted not later than 6 months before

10 the end of fiscal year 2006, on the findings of

11 the study;

12 ‘‘(2) may fund national technology initiatives

13 that are supported by scientifically based research

14 and utilize technology in education, through the

15 competitive award of grants or contracts, pursuant

16 to a peer review process, to States, local educational

17 agencies, eligible local entities, institutions of higher

18 education, public agencies, and private nonprofit or

19 for-profit agencies; and

20 ‘‘(3) may provide technical assistance (directly

21 or through the competitive award of grants or con22 tracts) to States, local educational agencies, and

23 other recipients of funds under this part in order to

24 assist such States, local educational agencies, and

25 other recipients to achieve the purposes of this part.
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1 ‘‘(b) NATIONAL TECHNOLOGY INITIATIVES.—

2 ‘‘(1) USE OF FUNDS.—In funding national

3 technology initiatives under subsection (a)(2), the

4 Secretary—

5 ‘‘(A) shall place a priority on projects

6 that—

7 ‘‘(i) develop innovative models using

8 electronic networks or other forms of dis9 tance learning to provide challenging

10 courses that are otherwise not readily

11 available to students in a particular school

12 district, particularly in rural areas; or

13 ‘‘(ii) increase access to technology to

14 students served by high-need local edu15 cational agencies; and

16 ‘‘(B) shall, in order to identify effective

17 uses of educational technology that have a

18 measurable positive impact on student achieve19 ment and as specified in paragraph (3)—

20 ‘‘(i) develop tools and provide re21 sources and support, including technical

22 assistance, for recipients of funds under

23 subsection (a)(2) to effectively evaluate

24 their activities; and
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1 ‘‘(ii) disseminate the evaluations made

2 under paragraph (2)(A)(ii).

3 ‘‘(2) REQUIREMENTS FOR RECIPIENTS OF

4 FUNDS.—

5 ‘‘(A) APPLICATION.—In order to receive a

6 grant or contract under subsection (a)(2), an

7 entity shall submit an application to the Sec8 retary (at such time and in such form as the

9 Secretary may require), and shall include in the

10 application—

11 ‘‘(i) a description of the project pro12 posed to be carried out with the grant or

13 contract and how it would carry out the

14 purposes of subsection (a)(2); and

15 ‘‘(ii) a detailed plan for an inde16 pendent evaluation, supported by scientif17 ically based research principles, of the

18 project to determine the impact on the aca19 demic achievement of students served

20 under such project, as measured by chal21 lenging State academic content and stu22 dent academic achievement standards.

23 ‘‘(B) NON-FEDERAL SHARE.—

24 ‘‘(i) IN GENERAL.—Subject to clauses

25 (ii) and (iii), the Secretary may require
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1 any recipient of a grant or contract under

2 subsection (a)(2) to share in the cost of

3 the activities assisted under such grant or

4 contract, which may be in the form of cash

5 or in-kind contributions, fairly valued.

6 ‘‘(ii) INCREASE.—The Secretary may

7 increase the non-Federal share required of

8 a recipient of a grant or contract under

9 subsection (a)(2) after the first year such

10 recipient receives funds under such grant

11 or contract.

12 ‘‘(iii) MAXIMUM.—The non-Federal

13 share required under this subsection may

14 not exceed 50 percent of the cost of the ac15 tivities assisted under a grant or contract

16 under this subpart.

17 ‘‘(iv) NOTICE.—The Secretary shall

18 publish, in the Federal Register, the non19 Federal share required under this subpara20 graph.

21 ‘‘(3) EVALUATION AND DISSEMINATION.—The

22 Secretary shall make information on each project

23 funded with a grant or contract under subsection

24 (a)(2) widely available to schools and the general

25 public, including through dissemination on the Inter-
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1 net, in a timely and user-friendly manner. This in2 formation shall, at a minimum, include—

3 ‘‘(A) upon the awarding of such a grant or

4 contract under subsection (a)(2), the identifica5 tion of the grant or contract recipient, the

6 amount of the grant or contract, the stated

7 goals of the grant or contract, the methods by

8 which the grant or contract will be evaluated in

9 meeting such stated goals, and the timeline for

10 meeting such goals;

11 ‘‘(B) not later than 3 months after the

12 completion of the first year of the project pe13 riod, information on the progress of the grant

14 or contract recipient in carrying out the grant

15 or contract, including a detailed description of

16 the use of the funds provided, the extent to

17 which the stated goals have been reached, and

18 the results (or progress of) the evaluation of the

19 project; and

20 ‘‘(C) not later than 3 months after the

21 completion of the second year of the project pe22 riod (and updated thereafter as appropriate), a

23 followup to the information described in sub24 paragraph (B).
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1 ‘‘Subpart 3—Ready to Learn, Ready to Teach

2 ‘‘SEC. 5231. READY TO LEARN TELEVISION.

3 ‘‘(a) PROGRAM AUTHORIZED.—

4 ‘‘(1) IN GENERAL.—The Secretary shall award

5 grants to or enter into contracts or cooperative

6 agreements with eligible entities described in para7 graph (3) to—

8 ‘‘(A) develop, produce, and distribute edu9 cational and instructional video programming

10 for preschool and elementary school children

11 and their parents in order to facilitate student

12 academic achievement;

13 ‘‘(B) facilitate the development (directly or

14 through contracts with producers of children

15 and family educational television programming)

16 of educational programming for preschool and

17 elementary school children and accompanying

18 support materials and services that directly pro19 mote the effective use of such programming;

20 ‘‘(C) facilitate the development of pro21 gramming and digital content especially de22 signed for nationwide distribution over digital

23 broadcasting channels and the Internet, con24 taining Ready to Learn-based children’s pro25 gramming and resources for parents and care26 givers;
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1 ‘‘(D) enable such entities to contract with

2 other entities (such as public telecommuni3 cations entities) so that programs under this

4 section are disseminated and distributed by the

5 most appropriate distribution technologies to

6 the widest possible audience appropriate to be

7 served by the programming; and

8 ‘‘(E) develop and disseminate training and

9 support materials, including interactive pro10 grams and programs adaptable to distance

11 learning technologies which are designed to—

12 ‘‘(i) promote school readiness; and

13 ‘‘(ii) promote the effective use of program14 ming developed under subparagraphs (B) and

15 (C) among parents, Head Start providers, Even

16 Start and providers of family literacy services,

17 child care providers, early childhood develop18 ment personnel, and elementary school teachers,

19 public libraries, and after school program per20 sonnel caring for preschool and elementary

21 school children.

22 ‘‘(2) AVAILABILITY.—In making grants, con23 tracts, or cooperative agreements under this sub24 section, the Secretary shall ensure that recipients in25 crease the effective use of the programming under
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1 this section by making it widely available with sup2 port materials, as appropriate, to young children,

3 their parents, child care workers, Head Start pro4 viders, Even Start and providers of family literacy

5 services.

6 ‘‘(3) ELIGIBLE ENTITIES DESCRIBED.—In this

7 section, an ‘eligible entity’ means a nonprofit entity

8 (including a public telecommunications entity) which

9 is able—

10 ‘‘(A) to demonstrate a capacity for the de11 velopment and national distribution of edu12 cational and instructional television program13 ming of high quality which is accessible by a

14 large majority of disadvantaged preschool and

15 elementary school children; and

16 ‘‘(B) to demonstrate—

17 ‘‘(i) a capacity to contract with the

18 producers of children’s television program19 ming for the purpose of developing edu20 cational television programming of high

21 quality which is accessible by a large ma22 jority of disadvantaged preschool and ele23 mentary school children, and

24 ‘‘(ii) consistent with the entity’s mis25 sion and nonprofit nature, a capacity to
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1 negotiate such contracts in a manner

2 which returns to the entity an appropriate

3 share of any ancillary income from sales of

4 any program-related products.

5 ‘‘(4) CAP ON ADMINISTRATIVE COSTS.—An en6 tity receiving a grant, contract, or cooperative agree7 ment from the Secretary under this subsection may

8 not use more than 5 percent of the amounts received

9 under the grant, contract, or cooperative agreement

10 for the expenses of administering the grant, con11 tract, or cooperative agreement.

12 ‘‘(5) COORDINATION OF ACTIVITIES.—An entity

13 receiving a grant, contract, or cooperative agreement

14 from the Secretary under this subsection shall work

15 with the Secretary and the Secretary of Health and

16 Human Services to—

17 ‘‘(A) maximize the utilization by preschool

18 and elementary school children of the program19 ming under this section and to make such pro20 gramming widely available to federally funded

21 programs serving such populations; and

22 ‘‘(B) coordinate with Federal programs

23 that have major training components for early

24 childhood development (including Head Start,

25 Even Start, family literacy services, and State
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1 training activities funded under the Child Care

2 Development Block Grant Act of 1990 (42

3 U.S.C. 9858 et seq.)) regarding the availability

4 and utilization of materials developed with

5 funds provided under this section to enhance

6 parent and child care provider skills in early

7 childhood development and education.

8 ‘‘(b) APPLICATIONS.—Any entity desiring a grant,

9 contract, or cooperative agreement under subsection (a)

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

11 in such manner, and accompanied by such information as

12 the Secretary may reasonably require.

13 ‘‘(c) REPORT AND EVALUATION..—

14 ‘‘(1) ANNUAL REPORT BY GRANT RECIPIENTS

15 TO SECRETARY.—Each entity receiving funds under

16 this section shall prepare and submit to the Sec17 retary an annual report which contains such infor18 mation as the Secretary may require. At a min19 imum, the report shall describe the program activi20 ties undertaken with funds received under this sec21 tion, including information regarding—

22 ‘‘(A) the programming that has been devel23 oped directly or indirectly by the entity and the

24 target population of the programs developed;
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1 ‘‘(B) the support and training materials

2 that have been developed to accompany the pro3 gramming and the method by which such mate4 rials are distributed to consumers and users of

5 the programming;

6 ‘‘(C) the means by which the programming

7 has been distributed, including the distance

8 learning technologies that have been utilized to

9 make programming available and the geo10 graphic distribution achieved through such

11 technologies; and

12 ‘‘(D) the initiatives undertaken by the enti13 ty to develop public-private partnerships to se14 cure non-Federal support for the development

15 and distribution and broadcast of educational

16 and instructional programming.

17 ‘‘(2) REPORT TO CONGRESS.—The Secretary

18 shall prepare and submit to the relevant committees

19 of Congress a biannual report on the activities fund20 ed and carried out under this section, and shall in21 clude in the report—

22 ‘‘(A) a summary of the programming de23 veloped using funds provided under this section;

24 and
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1 ‘‘(B) a description of the training mate2 rials developed using funds provided under this

3 section, the manner in which outreach has been

4 conducted to inform parents and child care pro5 viders of the availability of such materials, and

6 the manner in which such materials have been

7 distributed.

8 ‘‘(d) FUNDING RULE.—Not less than 60 percent of

9 the amounts authorized to be appropriated under section

10 5233 for any fiscal year shall be used to carry out sub11 paragraphs (B) and (C) of subsection (a)(1).

12 ‘‘SEC. 5232. READY TO TEACH.

13 ‘‘(a) IN GENERAL.—The Secretary may carry out

14 any of the following activities:

15 ‘‘(1) Awarding grants to a nonprofit tele16 communications entity (or a partnership of such en17 tities) for the purpose of carrying out a national

18 telecommunications-based program to improve the

19 teaching of core academic subjects and to assist ele20 mentary and secondary school teachers in preparing

21 all students to achieve State academic content stand22 ards.

23 ‘‘(2) Awarding grants to or entering into con24 tracts or cooperative agreements with a local public

25 telecommunications entity to develop, produce, and
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1 distribute educational and instructional video pro2 gramming which is designed for use by elementary

3 and secondary school students, created for or adapt4 able to State academic content standards, and capa5 ble of distribution through digital broadcasting and

6 school digital networks.

7 ‘‘(b) APPLICATIONS.—

8 ‘‘(1) IN GENERAL.—Any telecommunications

9 entity or partnership of such entities desiring a

10 grant under this section shall submit an application

11 to the Secretary.

12 ‘‘(2) SPECIFIC REQUIREMENTS FOR NATIONAL

13 TELECOMMUNICATIONS-BASED PROGRAM.—Each ap14 plication for a grant under subsection (a)(1) shall—

15 ‘‘(A) demonstrate that the applicant will

16 use the existing publicly funded telecommuni17 cations infrastructure, the Internet, and school

18 digital networks (where available) to deliver

19 video, voice, and data in an integrated service

20 to train teachers in the use of materials and

21 learning technologies for achieving State aca22 demic content standards;

23 ‘‘(B) assure that the program for which

24 assistance is sought will be conducted in co25 operation with States as appropriate, local edu-
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1 cational agencies, and State or local nonprofit

2 public telecommunications entities;

3 ‘‘(C) assure that a significant portion of

4 the benefits available for elementary and sec5 ondary schools from the program for which as6 sistance is sought will be available to schools of

7 local educational agencies which have a high

8 percentage of children counted for the purpose

9 of part A of title I; and

10 ‘‘(D) contain such additional assurances as

11 the Secretary may reasonably require.

12 ‘‘(c) APPROVAL OF APPLICATIONS; NUMBER OF

13 DEMONSTRATION SITES.—In approving applications

14 under this section, the Secretary shall assure that—

15 ‘‘(1) the national telecommunications-based pro16 gram under subsection (a)(1) is conducted at ele17 mentary and secondary school sites in at least 15

18 States; and

19 ‘‘(2) grants under subsection (a)(2) are award20 ed on a competitive basis and for a period of 3 years

21 to entities which—

22 ‘‘(A) enter into multiyear collaborative ar23 rangements for content development with State

24 educational agencies, local educational agencies,
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1 institutions of higher education, businesses, or

2 other agencies and organizations, and

3 ‘‘(B) contribute non-Federal matching

4 funds (including funds provided for transitions

5 to digital broadcasting as well as in-kind con6 tributions) to the activities assisted with the

7 grant in an amount not less than 100 percent

8 of the amount of the grant.

9 ‘‘PART C—CHARACTER EDUCATION

10 ‘‘SEC. 5301. CHARACTER EDUCATION PROGRAM.

11 ‘‘(a) PROGRAM AUTHORIZED.—

12 ‘‘(1) IN GENERAL.—The Secretary may make

13 grants to State educational agencies, local edu14 cational agencies, or consortia of such agencies for

15 the design and implementation of character edu16 cation programs that—

17 ‘‘(A) can be integrated into State academic

18 content standards for the core academic sub19 jects; and

20 ‘‘(B) can be carried out in conjunction

21 with other educational reform efforts.

22 ‘‘(2) DURATION.—Each grant under this sec23 tion shall be made for a period not to exceed 5

24 years, of which the grant recipient may not use more

25 than 1 year for planning and program design.
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1 ‘‘(b) CONTRACTS UNDER PROGRAM.—

2 ‘‘(1) EVALUATION.—Each agency or consortium

3 receiving assistance under this section may contract

4 with outside sources, including institutions of higher

5 education and private and nonprofit organizations

6 (including religious organizations), for the purposes

7 of—

8 ‘‘(A) evaluating the program for which the

9 assistance is made available;

10 ‘‘(B) measuring the integration of such

11 program into the curriculum and teaching

12 methods of schools where the program is car13 ried out; and

14 ‘‘(C) measuring the success of such pro15 gram in fostering the elements of character se16 lected by the recipient under subsection (c)(1).

17 ‘‘(2) MATERIALS AND PROGRAM DEVELOP18 MENT.—Each agency or consortium receiving assist19 ance under this section may contract with outside

20 sources, including institutions of higher education

21 and private and nonprofit organizations (including

22 religious organizations), for assistance in—

23 ‘‘(A) developing secular curricula, mate24 rials, teacher training, and other activities re25 lated to character education; and
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1 ‘‘(B) integrating secular character edu2 cation into the curriculum and teaching meth3 ods of schools where the program is carried out.

4 ‘‘(c) ELEMENTS OF CHARACTER.—

5 ‘‘(1) SELECTION.—

6 ‘‘(A) IN GENERAL.—Each agency or con7 sortium receiving assistance under this section

8 may select the elements of character that will

9 be taught under the program for which the as10 sistance is made available.

11 ‘‘(B) CONSIDERATION OF VIEWS.—In se12 lecting elements of character under paragraph

13 (1), the agency or consortium shall consider the

14 views of the parents or guardians of the stu15 dents to be taught under the program.

16 ‘‘(2) EXAMPLE ELEMENTS.—Elements of char17 acter selected under this subsection may include any

18 of the following:

19 ‘‘(A) Trustworthiness.

20 ‘‘(B) Respect.

21 ‘‘(C) Responsibility.

22 ‘‘(D) Fairness.

23 ‘‘(E) Caring.

24 ‘‘(F) Citizenship.

25 ‘‘(G) Giving.
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1 ‘‘(d) APPLICATION.—

2 ‘‘(1) IN GENERAL.—Each agency or consortium

3 seeking assistance under this section shall submit an

4 application to the Secretary at such time and in

5 such manner as the Secretary may require.

6 ‘‘(2) REQUIRED INFORMATION.—Each applica7 tion for assistance under this section shall include

8 information that—

9 ‘‘(A) demonstrates that the program for

10 which the assistance is sought has clear goals

11 and objectives that are based on scientifically

12 based research;

13 ‘‘(B) describes the activities that will be

14 carried out with the assistance and how such

15 activities will meet the goals and objectives de16 scribed in paragraph (1); and

17 ‘‘(C) describes how the program for which

18 the assistance is sought will be linked to other

19 efforts to improve educational achievement,

20 including—

21 ‘‘(i) broader educational reforms that

22 are being instituted by the applicant or its

23 partners; and

24 ‘‘(ii) applicable State academic con25 tent standards for student achievement.
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1 ‘‘(e) SELECTION OF RECIPIENTS.—

2 ‘‘(1) PEER REVIEW.—

3 ‘‘(A) IN GENERAL.—In selecting agencies

4 or consortia to receive assistance under this sec5 tion from among the applicants for such assist6 ance, the Secretary shall use a peer review

7 process that includes the participation of ex8 perts in the field of character education.

9 ‘‘(B) USE OF FUNDS.—The Secretary may

10 use funds appropriated under this section for

11 the cost of carrying out peer reviews under this

12 paragraph.

13 ‘‘(2) SELECTION CRITERIA.—Each selection

14 under paragraph (1) shall be made on the basis of

15 the quality of the application submitted, taking into

16 consideration such factors as—

17 ‘‘(A) the extent of parental, student, and

18 community involvement in the program; and

19 ‘‘(B) the likelihood that the goals of the

20 program will be realistically achieved.

21 ‘‘(3) EQUITABLE DISTRIBUTION.—In making

22 selections under this subsection, the Secretary shall

23 ensure, to the extent practicable under paragraph

24 (2), that the programs assisted under this section

25 are equitably distributed among the geographic re-
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1 gions of the United States, and among urban, subur2 ban, and rural areas.

3 ‘‘(f) EVALUATIONS.—

4 ‘‘(1) IN GENERAL.—As a condition of receiving

5 assistance under this section, the Secretary shall re6 quire each agency or consortium receiving such as7 sistance to transmit to the Secretary, not later than

8 5 years after such receipt, a report containing an

9 evaluation of each program assisted.

10 ‘‘(2) ATTAINMENT OF GOALS AND OBJEC11 TIVES.—In conducting an evaluation referred to in

12 paragraph (1), each agency or consortium shall

13 evaluate the degree to which each program for which

14 assistance was made available attained the goals and

15 objectives for the program as described in the appli16 cation for assistance submitted under subsection (d).

17 ‘‘(3) DISSEMINATION.—The Secretary shall—

18 ‘‘(A) make each evaluation received under

19 this subsection publicly available; and

20 ‘‘(B) provide public notice (through such

21 means as the Internet, the media, and public

22 agencies) of the availability of each such evalua23 tion after it is received by the Secretary.

24 ‘‘(g) MATCHING FUNDS.—As a condition of receiving

25 assistance under this section, the Secretary may require
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1 that each agency or consortium receiving such assistance

2 provide matching funds from non-Federal sources.

3 ‘‘SEC. 5302. AUTHORIZATION OF APPROPRIATIONS.

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

5 this part $50,000,000 for fiscal year 2002 and such sums

6 as may be necessary for each of fiscal years 2003 through

7 2006.

8 ‘‘PART D—ELEMENTARY AND SECONDARY

9 SCHOOL COUNSELING PROGRAMS

10 ‘‘SEC. 5401. ELEMENTARY AND SECONDARY SCHOOL COUN11 SELING PROGRAMS.

12 ‘‘(a) FINDINGS.—Congress finds as follows:

13 ‘‘(1) The Surgeon General reported in January

14 2001 that 1 in 10 children suffer from mental ill15 nesses severe enough to impair development and

16 fewer than 1 in 5 children get treatment for mental

17 illnesses.

18 ‘‘(2) The Surgeon General reported that the

19 burden of suffering by children with mental health

20 needs and their families has created a health crisis

21 in this country. Growing numbers of children are

22 suffering needlessly because their emotional, behav23 ioral, and developmental needs are not being met by

24 the very institutions and systems that were created

25 to take care of them.
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1 ‘‘(3) As a result of the concern about the fail2 ure of the healthcare system to reach children and

3 adolescents with mental illnesses, there is currently

4 great interest in developing new models for the deliv5 ery of mental health and counseling services that

6 can reach underserved groups efficiently.

7 ‘‘(4) Schools are a sensible point of intervention

8 because of their central position in many children’s

9 lives and development, especially when families are

10 unable to assume a leading role.

11 ‘‘(5) School-based mental health and counseling

12 services allow for the identification of children in

13 need of treatment much earlier in their development.

14 ‘‘(6) Establishing mental health and counseling

15 services in schools provides access to underserved

16 youth with or at risk of emotional or behavioral

17 problems.

18 ‘‘(7) The Surgeon General’s 2000 report on

19 youth violence concludes that effective treatment can

20 divert a significant proportion of delinquent and vio21 lent youths from future violence and crime.

22 ‘‘(8) Mental health and counseling services can

23 play an important role in violence prevention on all

24 levels, including preventing problem behaviors from

25 developing; identifying and serving specific, at-risk
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1 populations; and reducing the deleterious effects of

2 violence on victims and witnesses.

3 ‘‘(9) An evaluation of the model program for

4 the elementary school counseling demonstration pro5 gram established pursuant to this section prior to

6 the date of enactment of the Elementary and Sec7 ondary Counseling Improvement Act of 2001 found

8 that the number of referrals to the principal’s office

9 decreased by nearly half, the use of force, weapons,

10 and threatening of others also decreased, school sus11 pensions were reduced, and students felt safer.

12 ‘‘(10) The report produced by the Institute of

13 Medicine, ‘Schools and Health: Our Nation’s Invest14 ment’, recommended a student-to-school counselor

15 ratio of 250:1, student-to-school psychologist ratio of

16 1000:1, and a student-to-school social worker ratio

17 of 800:1. The United States average student-to18 counselor ratio is 551:1. Ratios for school psycholo19 gists and school social workers also exceed the rec20 ommended levels.

21 ‘‘(b) GRANTS AUTHORIZED.—

22 ‘‘(1) IN GENERAL.—The Secretary may use

23 funds provided under this section to award grants to

24 local educational agencies to enable such agencies to

25 establish or expand elementary and secondary school
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1 counseling programs which meet the requirements of

2 subsection (c).

3 ‘‘(2) PRIORITY.—In awarding grants under this

4 section, the Secretary shall give special consideration

5 to applications describing programs which—

6 ‘‘(A) demonstrate the greatest need for

7 new or additional counseling services among

8 children in the schools served by the applicant,

9 in part, by providing information on current ra10 tios of students to school counselors, students

11 to school social workers, and students to school

12 psychologists;

13 ‘‘(B) propose the most promising and inno14 vative approaches for initiating or expanding

15 school counseling; and

16 ‘‘(C) show the greatest potential for rep17 lication and dissemination.

18 ‘‘(3) EQUITABLE DISTRIBUTION.—In awarding

19 grants under this section, the Secretary shall ensure

20 an equitable geographic distribution among the re21 gions of the United States and among urban, subur22 ban, and rural local educational agencies.

23 ‘‘(4) DURATION.—A grant under this section

24 shall be awarded for a period not to exceed 3 years.
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1 ‘‘(5) MAXIMUM GRANT.—A grant awarded

2 under this program shall not exceed $400,000 for

3 any fiscal year.

4 ‘‘(6) SUPPLEMENT.—Assistance made available

5 under this section shall be used to supplement, and

6 may not supplant, other Federal, State, or local

7 funds used for providing school-based counseling and

8 mental health services to students.

9 ‘‘(c) REQUIREMENTS FOR COUNSELING PRO10 GRAMS.—Each program funded under this section shall—

11 ‘‘(1) be comprehensive in addressing the coun12 seling and educational needs of all students;

13 ‘‘(2) use a developmental, preventive approach

14 to counseling;

15 ‘‘(3) increase the range, availability, quantity,

16 and quality of counseling services in the elementary

17 and secondary schools of the local educational agen18 cy;

19 ‘‘(4) expand counseling services through quali20 fied school counselors, school psychologists, school

21 social workers, and child and adolescent psychia22 trists;

23 ‘‘(5) use innovative approaches to increase chil24 dren’s understanding of peer and family relation-
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1 ships, work and self, decisionmaking, or academic

2 and career planning, or to improve peer interaction;

3 ‘‘(6) provide counseling services in settings that

4 meet the range of needs of students;

5 ‘‘(7) include inservice training, including train6 ing for teachers in appropriate identification and

7 intervention techniques for disciplining and teaching

8 students at risk of violent behavior, by school coun9 selors, school psychologists, school social workers,

10 and child and adolescent psychiatrists;

11 ‘‘(8) involve parents of participating students in

12 the design, implementation, and evaluation of a

13 counseling program;

14 ‘‘(9) involve community groups, social service

15 agencies, or other public or private entities in col16 laborative efforts to enhance the program;

17 ‘‘(10) evaluate annually the effectiveness and

18 outcomes of the counseling services and activities as19 sisted under this section;

20 ‘‘(11) ensure a team approach to school coun21 seling in the elementary and secondary schools of

22 the local educational agency by working toward ra23 tios recommended by the American School Health

24 Association of one school counselor to 250 students,
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1 one school social worker to 800 students, and one

2 school psychologist to 1,000 students; and

3 ‘‘(12) ensure that school counselors, school psy4 chologists, school social workers, or child and adoles5 cent psychiatrists paid from funds made available

6 under this section spend a majority of their time at

7 the school in activities directly related to the coun8 seling process.

9 ‘‘(d) LIMITATION ON ADMINISTRATIVE COSTS.—Not

10 more than 3 percent of the amounts made available under

11 this section in any fiscal year may be used for administra12 tive costs to carry out this section.

13 ‘‘(e) DEFINITIONS.—For purposes of this section—

14 ‘‘(1) the term ‘school counselor’ means an indi15 vidual who has documented competence in coun16 seling children and adolescents in a school setting

17 and who—

18 ‘‘(A) possesses State licensure or certifi19 cation granted by an independent professional

20 regulatory authority;

21 ‘‘(B) in the absence of such State licensure

22 or certification, possesses national certification

23 in school counseling or a specialty of counseling

24 granted by an independent professional organi25 zation; or
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1 ‘‘(C) holds a minimum of a master’s de2 gree in school counseling from a program ac3 credited by the Council for Accreditation of

4 Counseling and Related Educational Programs

5 or the equivalent;

6 ‘‘(2) the term ‘school psychologist’ means an in7 dividual who—

8 ‘‘(A) possesses a minimum of 60 graduate

9 semester hours in school psychology from an in10 stitution of higher education and has completed

11 1,200 clock hours in a supervised school psy12 chology internship, of which 600 hours shall be

13 in the school setting;

14 ‘‘(B) possesses State licensure or certifi15 cation in the State in which the individual

16 works; or

17 ‘‘(C) in the absence of such State licensure

18 or certification, possesses national certification

19 by the National School Psychology Certification

20 Board;

21 ‘‘(3) the term ‘school social worker’ means an

22 individual who—

23 ‘‘(A) holds a master’s degree in social work

24 from a program accredited by the Council on

25 Social Work Education; and
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1 ‘‘(B) is licensed or certified by the State in

2 which services are provided; or

3 ‘‘(C) in the absence of such State licensure

4 or certification, possesses a national credential

5 or certification as a ‘school social work spe6 cialist’ granted by an independent professional

7 organization; and

8 ‘‘(4) the term ‘child and adolescent psychiatrist’

9 means an individual who—

10 ‘‘(A) possesses State medical licensure; and

11 ‘‘(B) has completed residency training pro12 grams in general and child and adolescent psy13 chiatry.

14 ‘‘(f) REPORT.—Not later than 1 year after assistance

15 is made available under this section, the Secretary shall

16 make publicly available the information from applicants

17 regarding the ratios of students to school counselors, stu18 dents to school social workers, and students to school psy19 chologists.

20 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There

21 are authorized to be appropriated to carry out this section

22 such sums as may be necessary for each of fiscal years

23 2002 through 2006.
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1 ‘‘PART E—MENTORING PROGRAMS

2 ‘‘SEC. 5501. DEFINITIONS.

3 ‘‘In this part, the following definitions apply:

4 ‘‘(1) CHILD WITH GREATEST NEED.—The term

5 ‘child with greatest need’ means a child at risk of

6 educational failure, dropping out of school, or in7 volvement in criminal or delinquent activities, or

8 that has lack of strong positive role models.

9 ‘‘(2) MENTOR.—The term ‘mentor’ means an

10 individual who works with a child to provide a posi11 tive role model for the child, to establish a sup12 portive relationship with the child, and to provide

13 the child with academic assistance and exposure to

14 new experiences and examples of opportunity that

15 enhance the ability of the child to become a respon16 sible adult.

17 ‘‘(3) STATE.—The term ‘State’ means each of

18 the several States, the District of Columbia, the

19 Commonwealth of Puerto Rico, the Virgin Islands,

20 Guam, American Samoa, and the Commonwealth of

21 the Northern Mariana Islands.

22 ‘‘SEC. 5502. PURPOSES.

23 ‘‘The purposes of this part are to make assistance

24 available to promote mentoring programs for children with

25 greatest need—
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1 ‘‘(1) to assist such children in receiving support

2 and guidance from a caring individual;

3 ‘‘(2) to improve the academic performance of

4 such children;

5 ‘‘(3) to improve interpersonal relationships be6 tween such children and their peers, teachers, other

7 adults, and family members;

8 ‘‘(4) to reduce the dropout rate of such chil9 dren; and

10 ‘‘(5) to reduce juvenile delinquency and involve11 ment in gangs by such children.

12 ‘‘SEC. 5503. GRANT PROGRAM.

13 ‘‘(a) IN GENERAL.—In accordance with this section,

14 the Secretary may make grants to eligible entities to assist

15 such entities in establishing and supporting mentoring

16 programs and activities that—

17 ‘‘(1) are designed to link children with greatest

18 need (particularly such children living in rural areas,

19 high crime areas, or troubled home environments, or

20 such children experiencing educational failure) with

21 responsible adults or students in secondary school,

22 who—

23 ‘‘(A) have received training and support in

24 mentoring;
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1 ‘‘(B) have been screened using appropriate

2 reference checks, child and domestic abuse

3 record checks, and criminal background checks;

4 and

5 ‘‘(C) are interested in working with youth;

6 and

7 ‘‘(2) are intended to achieve one or more of the

8 following goals:

9 ‘‘(A) Provide general guidance to children

10 with greatest need.

11 ‘‘(B) Promote personal and social responsi12 bility among children with greatest need.

13 ‘‘(C) Increase participation by children

14 with greatest need in, and enhance their ability

15 to benefit from, elementary and secondary edu16 cation.

17 ‘‘(D) Discourage illegal use of drugs and

18 alcohol, violence, use of dangerous weapons,

19 promiscuous behavior, and other criminal,

20 harmful, or potentially harmful activity by chil21 dren with greatest need.

22 ‘‘(E) Encourage children with greatest

23 need to participate in community service and

24 community activities.
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1 ‘‘(F) Encourage children with greatest

2 need to set goals for themselves or to plan for

3 their futures, including encouraging such chil4 dren to make graduation from secondary school

5 a goal and to make plans for postsecondary

6 education or training.

7 ‘‘(G) Discourage involvement of children

8 with greatest need in gangs.

9 ‘‘(b) ELIGIBLE ENTITIES.—Each of the following is

10 an entity eligible to receive a grant under subsection (a):

11 ‘‘(1) A local educational agency.

12 ‘‘(2) A nonprofit, community-based organiza13 tion.

14 ‘‘(3) A partnership between an agency referred

15 to in paragraph (1) and an organization referred to

16 in paragraph (2).

17 ‘‘(c) USE OF FUNDS.—

18 ‘‘(1) IN GENERAL.—Each entity receiving a

19 grant under this section shall use the grant funds

20 for activities that establish or implement a men21 toring program, including—

22 ‘‘(A) hiring of mentoring coordinators and

23 support staff;
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1 ‘‘(B) providing for the professional devel2 opment of mentoring coordinators and support

3 staff;

4 ‘‘(C) recruitment, screening, and training

5 of mentors;

6 ‘‘(D) reimbursement of schools, if appro7 priate, for the use of school materials or sup8 plies in carrying out the program;

9 ‘‘(E) dissemination of outreach materials;

10 ‘‘(F) evaluation of the program using sci11 entifically based methods; and

12 ‘‘(G) such other activities as the Secretary

13 may reasonably prescribe by rule.

14 ‘‘(2) PROHIBITED USES.—Notwithstanding

15 paragraph (1), an entity receiving a grant under this

16 section may not use the grant funds—

17 ‘‘(A) to directly compensate mentors;

18 ‘‘(B) to obtain educational or other mate19 rials or equipment that would otherwise be used

20 in the ordinary course of the entity’s oper21 ations;

22 ‘‘(C) to support litigation of any kind; or

23 ‘‘(D) for any other purpose reasonably pro24 hibited by the Secretary by rule.
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1 ‘‘(d) TERM OF GRANT.—Each grant made under this

2 section shall be available for expenditure for a period of

3 3 years.

4 ‘‘(e) APPLICATION.—Each eligible entity seeking a

5 grant under this section shall submit to the Secretary an

6 application that includes—

7 ‘‘(1) a description of the mentoring plan the ap8 plicant proposes to carry out with such grant;

9 ‘‘(2) information on the children expected to be

10 served by the mentoring program for which such

11 grant is sought;

12 ‘‘(3) a description of the mechanism that appli13 cant will use to match children with mentors based

14 on the needs of the children;

15 ‘‘(4) an assurance that no mentor will be as16 signed to mentor so many children that the assign17 ment would undermine either the mentor’s ability to

18 be an effective mentor or the mentor’s ability to es19 tablish a close relationship (a one-on-one relation20 ship, where practicable) with each mentored child;

21 ‘‘(5) an assurance that mentoring programs will

22 provide children with a variety of experiences and

23 support, including—

24 ‘‘(A) emotional support;

25 ‘‘(B) academic assistance; and
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1 ‘‘(C) exposure to experiences that children

2 might not otherwise encounter on their own;

3 ‘‘(6) an assurance that mentoring programs will

4 be monitored to ensure that each child assigned a

5 mentor benefits from that assignment and that there

6 will be a provision for the assignment of a new men7 tor if the relationship between the original mentor is

8 not beneficial to the child;

9 ‘‘(7) information on the method by which men10 tors and children will be recruited to the mentor pro11 gram;

12 ‘‘(8) information on the method by which pro13 spective mentors will be screened;

14 ‘‘(9) information on the training that will be

15 provided to mentors; and

16 ‘‘(10) information on the system that the appli17 cant will use to manage and monitor information re18 lating to the program’s reference checks, child and

19 domestic abuse record checks, and criminal back20 ground checks and to its procedure for matching

21 children with mentors.

22 ‘‘(f) SELECTION.—

23 ‘‘(1) COMPETITIVE BASIS.—In accordance with

24 this subsection, the Secretary shall select grant re-
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1 cipients from among qualified applicants on a com2 petitive basis.

3 ‘‘(2) PRIORITY.—In selecting grant recipients

4 under paragraph (1), the Secretary shall give pri5 ority to each applicant that—

6 ‘‘(A) serves children with greatest need liv7 ing in rural areas, high crime areas, or troubled

8 home environments, or who attend schools with

9 violence problems;

10 ‘‘(B) provides background screening of

11 mentors, training of mentors, and technical as12 sistance in carrying out mentoring programs;

13 ‘‘(C) proposes a mentoring program under

14 which each mentor will be assigned to not more

15 children than the mentor can serve effectively;

16 or

17 ‘‘(D) proposes a school-based mentoring

18 program.

19 ‘‘(3) OTHER CONSIDERATIONS.—In selecting

20 grant recipients under paragraph (1), the Secretary

21 shall also consider—

22 ‘‘(A) the degree to which the location of

23 the programs proposed by each applicant con24 tributes to a fair distribution of programs with

25 respect to urban and rural locations;
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1 ‘‘(B) the quality of the mentoring pro2 grams proposed by each applicant, including—

3 ‘‘(i) the resources, if any, the appli4 cant will dedicate to providing children

5 with opportunities for job training or post6 secondary education;

7 ‘‘(ii) the degree to which parents,

8 teachers, community-based organizations,

9 and the local community have participated,

10 or will participate, in the design and imple11 mentation of the applicant’s mentoring

12 program;

13 ‘‘(iii) the degree to which the appli14 cant can ensure that mentors will develop

15 longstanding relationships with the chil16 dren they mentor;

17 ‘‘(iv) the degree to which the appli18 cant will serve children with greatest need

19 in the 4th, 5th, 6th, 7th, and 8th grades;

20 and

21 ‘‘(v) the degree to which the program

22 will continue to serve children from the 4th

23 grade through graduation from secondary

24 school; and
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1 ‘‘(C) the capability of each applicant to ef2 fectively implement its mentoring program.

3 ‘‘(4) GRANT TO EACH STATE.—Notwithstanding

4 any other provision of this subsection, in selecting

5 grant recipients under paragraph (1), the Secretary

6 shall select not less than 1 grant recipient from each

7 State for which there is a qualified applicant.

8 ‘‘(g) MODEL SCREENING GUIDELINES.—

9 ‘‘(1) IN GENERAL.—Based on model screening

10 guidelines developed by the Office of Juvenile Pro11 grams of the Department of Justice, the Secretary

12 shall develop and distribute to program participants

13 specific model guidelines for the screening of men14 tors who seek to participate in programs to be as15 sisted under this part.

16 ‘‘(2) BACKGROUND CHECKS.—The guidelines

17 developed under this subsection shall include, at a

18 minimum, a requirement that potential mentors be

19 subject to reference checks, child and domestic abuse

20 record checks, and criminal background checks.

21 ‘‘SEC. 5504. STUDY BY GENERAL ACCOUNTING OFFICE.

22 ‘‘(a) IN GENERAL.—The Comptroller General of the

23 United States shall conduct a study to identify successful

24 school-based mentoring programs, and the elements, poli-
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1 cies, or procedures of such programs that can be rep2 licated.

3 ‘‘(b) REPORT.—Not later than 3 years after the date

4 of enactment of the Mentoring for Success Act, the Comp5 troller General shall submit a report to the Secretary and

6 Congress containing the results of the study conducted

7 under this section.

8 ‘‘(c) USE OF INFORMATION.—The Secretary shall use

9 information contained in the report referred to in sub10 section (b)—

11 ‘‘(1) to improve the quality of existing men12 toring programs assisted under this part and other

13 mentoring programs assisted under this Act; and

14 ‘‘(2) to develop models for new programs to be

15 assisted or carried out under this Act.

16 ‘‘SEC. 5505. AUTHORIZATION OF APPROPRIATIONS.

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

18 section 5503 $50,000,000 for fiscal year 2002 and such

19 sums as may be necessary for each of fiscal years 2003

20 through 2006.’’.
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1 TITLE VI—IMPACT AID

2 PROGRAM

3 SEC. 601. PAYMENTS UNDER SECTION 8002 WITH RESPECT

4 TO FISCAL YEARS IN WHICH INSUFFICIENT

5 FUNDS ARE APPROPRIATED.

6 (a) FOUNDATION PAYMENTS FOR PRE-1995 RECIPI7 ENTS.—Section 8002(h)(1) (20 U.S.C. 7702(h)(1)) is

8 amended—

9 (1) in subparagraph (A), by striking ‘‘and was

10 eligible to receive a payment under section 2 of the

11 Act of September 30, 1950’’ and inserting ‘‘and that

12 filed, or has been determined pursuant to statute to

13 have filed a timely application, and met, or has been

14 determined pursuant to statute to meet, the eligi15 bility requirements of section 2(a)(1)(C) of the Act

16 of September 30, 1950’’; and

17 (2) in subparagraph (B), by striking ‘‘(or if the

18 local educational agency was not eligible to receive a

19 payment under such section 2 for fiscal year 1994’’

20 and inserting ‘‘(or if the local educational agency did

21 not meet, or has not been determined pursuant to

22 statute to meet, the eligibility requirements of sec23 tion 2(a)(1)(C) of the Act of September 30, 1950

24 for fiscal year 1994’’.
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1 (b) PAYMENTS FOR 1995 RECIPIENTS.—Section

2 8002(h)(2) (20 U.S.C. 7702(h)(2)) is amended—

3 (1) in subparagraph (A), by adding at the end

4 before the period ‘‘, or whose application for fiscal

5 year 1995 was determined pursuant to statute to be

6 timely filed for purposes of payments for subsequent

7 fiscal years’’; and

8 (2) in subparagraph (B)(ii), by striking ‘‘for

9 each local educational agency that received a pay10 ment under this section for fiscal year 1995’’ and in11 serting ‘‘for each local educational agency described

12 in subparagraph (A)’’.

13 (c) REMAINING FUNDS.—Section 8002(h)(4)(B) (20

14 U.S.C. 7702(h)(4)(B)) is amended—

15 (1) by striking ‘‘(in the same manner as per16 centage shares are determined for local educational

17 agencies under paragraph (2)(B)(ii))’’ and inserting

18 ‘‘(by dividing the maximum amount that the agency

19 is eligible to receive under subsection (b) by the total

20 of the maximum amounts for all such agencies)’’;

21 and

22 (2) by striking ‘‘, except that for the purpose of

23 calculating a local educational agency’s assessed

24 value of the Federal property’’ and inserting ‘‘, ex25 cept that, for purposes of calculating a local edu-
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1 cational agency’s maximum amount under sub2 section (b)’’.

3 (d) APPLICATION FOR PAYMENT.—Notwithstanding

4 any other provision of law, the Secretary shall treat as

5 timely filed an application under section 8002 (20 U.S.C.

6 7702) from Academy School District 20, Colorado, for a

7 payment for fiscal year 1999, and shall process that appli8 cation from funds appropriated for that section for fiscal

9 year 2001.

10 SEC. 602. CALCULATION OF PAYMENT UNDER SECTION 8003

11 FOR SMALL LOCAL EDUCATIONAL AGENCIES.

12 Section 8003(b)(3)(B)(iv) (20 U.S.C.

13 7703(b)(3)(B)(iv)) is amended by inserting after ‘‘of the

14 State in which the agency is located’’ the following: ‘‘or

15 less than the average per pupil expenditure of all the

16 States’’.

17 SEC. 603. ELIGIBILITY UNDER SECTION 8003 FOR CERTAIN

18 HEAVILY IMPACTED LOCAL EDUCATIONAL

19 AGENCIES.

20 (a) ELIGIBILITY.—Section 8003(b)(2)(C) (20 U.S.C.

21 7703(b)(2)(C)) is amended—

22 (1) in clauses (i) and (ii) by inserting after

23 ‘‘Federal military installation’’ each place it appears

24 the following: ‘‘(or if the agency is a qualified local

25 educational agency as described in clause (iv))’’; and
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1 (2) by adding at the end the following:

2 ‘‘(iv) QUALIFIED LOCAL EDU3 CATIONAL AGENCY.—A qualified local edu4 cational agency described in this clause is

5 an agency that meets the following require6 ments:

7 ‘‘(I) The boundaries of the agen8 cy are the same as island property

9 designated by the Secretary of the In10 terior to be property that is held in

11 trust by the Federal Government.

12 ‘‘(II) The agency has no taxing

13 authority.

14 ‘‘(III) The agency received a pay15 ment under paragraph (1) for fiscal

16 year 2001.’’.

17 (b) EFFECTIVE DATE.—The Secretary shall consider

18 an application for a payment under section 8003(b)(2) for

19 fiscal year 2002 from a qualified local educational agency

20 described in section 8003(b)(2)(C)(iv), as added by sub21 section (a), as meeting the requirements of section

22 8003(b)(2)(C)(iii), and shall provide a payment under sec23 tion 8003(b)(2) for fiscal year 2002, if the agency submits

24 to the Secretary an application for payment under such
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1 section not later than 60 days after the date of the enact2 ment of this Act.

3 SEC. 604. CONSTRUCTION.

4 (a) SCHOOL FACILITY EMERGENCY AND MOD5 ERNIZATION GRANTS.—Section 8007(b) (20 U.S.C.

6 7707(b)) is amended to read as follows:

7 ‘‘(b) SCHOOL FACILITY EMERGENCY AND MOD8 ERNIZATION 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

22 from local educational agencies for emergency grants

23 and modernization grants under this subsection, the

24 Secretary shall give priority to applications for emer25 gency grants and, among such applications for emer-
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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

16 the agency’s limit of bonded indebted17 ness; 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 fis24 cal year and has a school facility emer25 gency, as determined by the Secretary,
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1 that poses a health or safety hazard to the

2 students and school personnel assigned to

3 the school facility.

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

12 subparagraph (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

16 property per student that may be taxed for

17 school purposes that is less than the aver18 age of the assessed value of real property

19 per student that may be taxed for school

20 purposes in the State in which the local

21 educational agency is located; and

22 ‘‘(iii) the agency has facility needs re23 sulting from actions of the Federal Gov24 ernment, such as enrollment increases due

25 to the expansion of Federal activities,
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1 housing privatization, or the acquisition of

2 Federal property.

3 ‘‘(C) RULE OF CONSTRUCTION.—For pur4 poses of subparagraph (A)(i), a local edu5 cational 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 emer16 gency grants and modernization grants under this

17 subsection, the Secretary shall consider the following

18 factors:

19 ‘‘(A) The ability of the local educational

20 agency to respond to the emergency, or to pay

21 for the modernization project, as the case may

22 be, as measured by—

23 ‘‘(i) the agency’s level of bonded in24 debtedness;
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1 ‘‘(ii) the assessed value of real prop2 erty per student that may be taxed for

3 school purposes compared to the average of

4 the assessed value of real property per stu5 dent that may be taxed for school purposes

6 in the 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

11 average capital expenditure tax rate, if ap12 plicable) in the State in which the agency

13 is 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

20 of 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,

2 as the case may be.

3 ‘‘(D) In the case of an emergency grant,

4 the severity of the emergency, as measured by

5 the threat that the condition of the school facil6 ity poses to the health, safety, and well-being of

7 students.

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

14 by the use of portable classrooms; or

15 ‘‘(II) the agency’s inability to

16 maximize the use of technology or

17 offer a curriculum in accordance with

18 contemporary State standards due to

19 the 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

4 of funds provided under an emergency

5 grant or a modernization grant

6 awarded under this subsection to a

7 local educational agency that meets

8 the requirements of subclause (II) or

9 (III) of paragraph (3)(A)(i)—

10 ‘‘(aa) shall not exceed 50

11 percent of the total cost of the

12 project to be assisted under this

13 subsection; 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

19 in-kind contributions to meet the

20 matching requirement of subclause

21 (I)(aa).

22 ‘‘(ii) PROHIBITIONS ON USE OF

23 FUNDS.—A local educational agency may

24 not use funds provided under an emer-
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1 gency grant or modernization grant award2 ed under this subsection for—

3 ‘‘(I) a project for a school facility

4 for which the agency does not have

5 full title or other interest; or

6 ‘‘(II) stadiums or other facilities

7 primarily used for athletic contests,

8 exhibitions, or other events for which

9 admission is charged to the general

10 public.

11 ‘‘(iii) SUPPLEMENT NOT SUPPLANT.—

12 A local educational agency shall use funds

13 provided under an emergency grant or

14 modernization grant awarded under this

15 subsection only to supplement the amount

16 of funds that would, in the absence of the

17 Federal funds provided under the grant, be

18 made available from non-Federal sources

19 to carry out emergency repairs of school

20 facilities or to carry out the modernization

21 of school facilities, as the case may be, and

22 not to supplant such funds.

23 ‘‘(B) EMERGENCY GRANTS.—

24 ‘‘(i) PROHIBITION ON USE OF

25 FUNDS.—A local educational agency that is
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1 awarded an emergency grant under this

2 subsection may not use amounts under the

3 grant for the complete or partial replace4 ment of an existing school facility unless

5 such replacement is less expensive or more

6 cost-effective to correct the identified emer7 gency.

8 ‘‘(ii) CARRY-OVER OF CERTAIN APPLI9 CATIONS.—In the case of a local edu10 cational agency that applies for an emer11 gency grant under this subsection for a fis12 cal year and does not receive the grant for

13 the fiscal year, the Secretary—

14 ‘‘(I) shall, upon the request of

15 the agency, treat the application as an

16 application for an emergency grant

17 under this subsection for the subse18 quent fiscal year in accordance with

19 the priority requirements of para20 graph (2); and

21 ‘‘(II) shall allow the agency to

22 amend or otherwise update the appli23 cation, as appropriate.

24 ‘‘(6) APPLICATION.—A local educational agency

25 that desires to receive an emergency grant or a mod-
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1 ernization grant under this subsection shall submit

2 an application to the Secretary at such time, in such

3 manner, and accompanied by such information as

4 the Secretary may require. Each application shall

5 contain the following:

6 ‘‘(A) The information described in clauses

7 (i) through (iv) of paragraph (4)(A) and sub8 paragraphs (B) and (C) of paragraph (4).

9 ‘‘(B) In the case of an application for an

10 emergency grant—

11 ‘‘(i) a description of the school facility

12 deficiency that poses a health or safety

13 hazard to the occupants of the facility and

14 a description of how the deficiency will be

15 repaired; and

16 ‘‘(ii) a signed statement from an ap17 propriate local official certifying that a de18 ficiency in the school facility threatens the

19 health or safety of the occupants of the fa20 cility or that prevents the use of all or a

21 portion of the building.

22 ‘‘(C) In the case of an application for a

23 modernization grant—

24 ‘‘(i) an explanation of the need for the

25 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

8 authority over, the school facility involved, such

9 as an ownership interest or a lease arrange10 ment.

11 ‘‘(F) Such other information and assur12 ances as the Secretary may reasonably require.

13 ‘‘(7) REPORT.—

14 ‘‘(A) IN GENERAL.—Not later than Janu15 ary 1 of each year, the Secretary shall prepare

16 and submit to the appropriate congressional

17 committees a report that contains a justifica18 tion for each grant awarded under this sub19 section for the prior fiscal year.

20 ‘‘(B) DEFINITION.—In this paragraph, the

21 term ‘appropriate congressional committees’

22 means—

23 ‘‘(i) the Committee on Appropriations

24 and the Committee on Education and the
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1 Workforce of the House of Representa2 tives; and

3 ‘‘(ii) the Committee on Appropriations

4 and the Committee on Health, Education,

5 Labor and Pensions of the Senate.’’.

6 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

7 8014(e) (20 U.S.C. 7714(e)) is amended by striking ‘‘for

8 each of the three succeeding fiscal years’’ and inserting

9 ‘‘for fiscal year 2001, $150,000,000 for fiscal year 2002,

10 and such sums as may be necessary for each of the four

11 succeeding fiscal years’’.

12 SEC. 605. STATE CONSIDERATION OF PAYMENTS IN PRO13 VIDING STATE AID.

14 Section 8009(b)(1) (20 U.S.C. 7709(b)(1)) is amend15 ed by inserting after ‘‘section 8003(a)(2)(B)’’ the fol16 lowing: ‘‘and, with respect to a local educational agency

17 that receives a payment under section 8003(b)(2), the

18 amount in excess of the amount that the agency would

19 receive if the agency were deemed to be an agency eligible

20 to receive a payment under section 8003(b)(1) and not

21 section 8003(b)(2)’’.

22 SEC. 606. AUTHORIZATION OF APPROPRIATIONS.

23 Section 8014 (20 U.S.C. 7714) is amended by strik24 ing ‘‘three succeeding fiscal years’’ each place it appears

25 and inserting ‘‘six succeeding fiscal years’’.
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1 SEC. 607. 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

8 of 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))

11 is amended—

12 (A) by redesignating sections 8001 through

13 8005 (20 U.S.C. 7701–7705) as sections 6001

14 through 6005, respectively; and

15 (B) by redesignating sections 8007 through

16 8014 (20 U.S.C. 7707–7714) as sections 6006

17 through 6013, respectively.

18 (c) CONFORMING AMENDMENTS.—(1) Title VI (as

19 redesignated by subsection (b)) is amended by striking

20 ‘‘8002’’, ‘‘8003’’, ‘‘8004’’, ‘‘8005’’, ‘‘8008’’, ‘‘8009’’,

21 ‘‘8011’’, ‘‘8013’’, and ‘‘8014’’ each place such terms ap22 pear and inserting ‘‘6002’’, ‘‘6003’’, ‘‘6004’’, ‘‘6005’’,

23 ‘‘6007’’, ‘‘6008’’, ‘‘6010’’, ‘‘6012’’, and ‘‘6013’’, respec24 tively.
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1 (2) Section 6005 (as redesignated by subsection (b))

2 is amended in the heading by striking ‘‘8002 AND 8003’’

3 and inserting ‘‘6002 AND 6003’’.

4 (3) Section 6009(c)(1) (as redesignated by subsection

5 (b)) is amended in the heading by striking ‘‘8003’’ and in6 serting ‘‘6003’’.

7 (d) SAVINGS PROVISION.—Funds appropriated for

8 title VIII of the Elementary and Secondary Education Act

9 of 1965 (as in effect on the day before the date of the

10 enactment of this Act) shall be available for use under title

11 VI of such Act, as added by this section.

12 SEC. 608. SENSE OF CONGRESS RELATING TO FULL FUND13 ING OF THE IMPACT AID PROGRAM.

14 (a) FINDINGS.—Congress finds the following:

15 (1) More than 90 percent of resources for

16 school districts in the United States are raised from

17 State and local property taxes.

18 (2) School districts that are affected by the

19 presence of the Federal Government, such as Fed20 eral property that is not subject to taxation, must

21 still provide educational services to children who are

22 federally connected by such activities of the Federal

23 Government.

24 (3) To mitigate this loss of funding, Congress

25 has made ‘‘impact aid’’ payments to local edu-
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1 cational agencies to reimburse the agencies for the

2 costs of educating federally connected children.

3 (4) From 1950 to 1969, Congress provided full

4 funding for the impact aid program to help defray

5 the costs of educating federally connected children.

6 (5) For fiscal year 2000, Congress provided

7 only 46 percent of the costs of educating federally

8 connected children.

9 (b) SENSE OF CONGRESS.—It is the sense of Con10 gress that—

11 (1) the House of Representatives, the Senate,

12 and the Administration should work together to pro13 vide full funding for the impact aid program in fu14 ture fiscal years in order to meet the needs of school

15 districts affected by a Federal presence; and

16 (2) the full funding of the impact aid program

17 will ensure that federally connected children will con18 tinue to receive a quality education.

19 TITLE VII—ACCOUNTABILITY

20 SEC. 701. FLEXIBILITY AND ACCOUNTABILITY.

21 Title VII is amended to read as follows:
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1 ‘‘TITLE VII—FLEXIBILITY AND

2 ACCOUNTABILITY

3 ‘‘PART A—STATE ACCOUNTABILITY FOR

4 IMPROVING ACADEMIC ACHIEVEMENT

5 ‘‘SEC. 7101. STATE FINANCIAL AWARDS.

6 ‘‘(a) IN GENERAL.—Beginning in the 2002–2003

7 school year, the Secretary shall make in accordance with

8 this section financial awards, to be known as ‘Achievement

9 in Education Awards’, to States that have made signifi10 cant progress in improving educational achievement.

11 ‘‘(b) CRITERIA OF PROGRESS.—For the purposes of

12 subsection (a), the Secretary shall judge progress using

13 each of the following criteria, giving the greatest weight

14 to the criterion described in paragraph (1):

15 ‘‘(1) The progress of the State’s students from

16 economically disadvantaged families and students

17 from racial and ethnic minority groups—

18 ‘‘(A) on the assessments administered by

19 the State under section 1111; and

20 ‘‘(B) beginning in the 2003–2004 school

21 year, on assessments of 4th and 8th grade

22 reading and mathematics under—

23 ‘‘(i) the State assessments carried out

24 as part of the National Assessment of

25 Educational Progress under section 411 of
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1 the National Education Statistics Act of

2 1994 (20 U.S.C. 9010); or

3 ‘‘(ii) an assessment selected by the

4 State that—

5 ‘‘(I) is administered annually;

6 ‘‘(II) yields high quality data

7 that are valid and reliable;

8 ‘‘(III) meets widely recognized

9 professional and technical standards,

10 including specific and rigorous test se11 curity procedures;

12 ‘‘(IV) is developed by an entity

13 independent from each State and local

14 government agency in the State in a

15 manner that protects against any con16 flict of interest;

17 ‘‘(V) has no test questions that

18 are identical to the test questions used

19 by the assessment used to meet the

20 State assessment requirements under

21 section 1111;

22 ‘‘(VI) provides results in such a

23 form that they may be expressed in

24 terms of achievement levels that are

25 consistent with the achievement levels
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1 (basic, proficient, and advanced) set

2 forth in section 1111;

3 ‘‘(VII) provides results in such a

4 form that they may be disaggregated,

5 at a minimum, according to income

6 level and major racial and ethnic

7 group; and

8 ‘‘(VIII) is administered to all stu9 dents or to a representative sample of

10 students in the 4th and 8th grades

11 statewide, with a sample size that is

12 sufficiently large to produce statis13 tically significant estimates of state14 wide student achievement.

15 ‘‘(2) The overall improvement in the achieve16 ment of all of the State’s students, as measured

17 by—

18 ‘‘(A) the assessments administered by the

19 State under section 1111; and

20 ‘‘(B) beginning in the 2003–2004 school

21 year, the assessments described in paragraph

22 (1)(B).

23 ‘‘(3) The progress of the State in improving the

24 English proficiency of students who enter school

25 with limited English proficiency.
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1 ‘‘(c) OTHER CONSIDERATIONS.—In judging a State’s

2 progress under subsection (a), the Secretary may also

3 consider—

4 ‘‘(1) the progress of the State in increasing the

5 percentage of students who graduate from secondary

6 schools; and

7 ‘‘(2) the progress of the State in increasing the

8 percentage of students who take advanced

9 coursework (such as Advanced Placement or Inter10 national Baccalaureate courses) and who pass the

11 exams associated with such coursework.

12 ‘‘(d) AMOUNT.—The Secretary shall determine the

13 amount of an award under subsection (a) based on—

14 ‘‘(1) the school-age population of the State; and

15 ‘‘(2) the degree of progress shown by a State

16 with respect to the criteria set forth in subsections

17 (b) and (c).

18 ‘‘(e) USE OF FUNDS.—

19 ‘‘(1) IN GENERAL.—A State receiving a finan20 cial award under this section shall use the proceeds

21 of such award only to make financial awards to pub22 lic elementary and secondary schools in the State

23 that have made the most significant progress with

24 respect to the criteria described in subsection (b).
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1 ‘‘(2) USE BY SCHOOLS.—In consultation with

2 the school’s teachers, the principal of each elemen3 tary or secondary school that receives a financial

4 award from a State under this section shall use the

5 proceeds of such award at the school for any edu6 cational purpose permitted under State law.

7 ‘‘(3) RESPONSIBLE STATE AGENCY.—The State

8 educational agency for each State shall be the agen9 cy responsible for making awards under this sub10 section.

11 ‘‘(f) PEER REVIEW.—In selecting States for awards

12 under subsection (a), the Secretary shall use a peer-review

13 process.

14 ‘‘(g) COSTS OF INDEPENDENT ASSESSMENTS.—

15 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

16 the Secretary shall make grants to States to offset

17 the costs of administering assessments administered

18 by the States to meet the requirements of

19 (b)(1)(B)(ii).

20 ‘‘(2) LIMITATIONS.—Grants made by the Sec21 retary in any year to a State under paragraph (1)—

22 ‘‘(A) may be awarded only to offset the

23 costs of a single administration of an assess24 ment described in such paragraph in the State

25 for that year; and
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1 ‘‘(B) may not exceed the costs of admin2 istering in the State for that year the State as3 sessments that would be carried out under the

4 National Assessment of Educational Progress

5 described in subsection (b)(1)(B).

6 ‘‘(3) ALLOCATION.—The Secretary may deter7 mine the appropriate methodology of allocating

8 grants to States under this subsection.

9 ‘‘SEC. 7102. STATE SANCTIONS.

10 ‘‘(a) FAILURE TO MAKE PROGRESS.—

11 ‘‘(1) LOSS OF ADMINISTRATIVE FUNDS.—The

12 Secretary shall reduce, by 30 percent, the amount of

13 funding that a State may reserve for State adminis14 tration under the State formula grant programs au15 thorized by this Act if the Secretary determines that,

16 for 2 consecutive years—

17 ‘‘(A) the State’s students from economi18 cally disadvantaged families and students from

19 racial and ethnic minority groups failed to

20 make adequate yearly progress on the assess21 ments administered by the State under section

22 1111; and

23 ‘‘(B) the State’s students from economi24 cally disadvantaged families and students from

25 racial and ethnic minority groups failed to
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1 make measurable progress in reading and

2 mathematics, as measured by the 4th and 8th

3 grade assessments described in subsection

4 (b)(1)(B).

5 ‘‘(2) FURTHER REDUCTIONS.—In each of the first 2

6 years after the years described in paragraph (1), the Sec7 retary may increase the reduction described in such para8 graph by any amount not more than a total of an addi9 tional 45 percent.

10 ‘‘(b) OTHER FAILURES.—In addition to any action

11 taken under subsection (a)(1) or (a)(2), the Secretary

12 shall reduce, by 20 percent, the amount of funding that

13 a State may reserve for State administration under the

14 State formula grant programs authorized by this Act if

15 the Secretary determines that, for 2 consecutive years, the

16 State failed to make adequate yearly progress—

17 ‘‘(1) with respect to the achievement of children

18 with limited English proficiency under section

19 1111(b)(2)(C)(iii)(II)(dd); or

20 ‘‘(2) with respect to the acquisition of English

21 language proficiency by children with limited

22 English proficiency under section

23 1111(b)(2)(C)(iii)(III).

24 ‘‘(c) USE OF FUNDS FOR IMPROVEMENT.—
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1 ‘‘(1) IN GENERAL.—The Secretary shall require

2 that any funds reduced under this section be allo3 cated by the State to local educational agencies in

4 the State for school improvement purposes described

5 in section 1116.

6 ‘‘(2) TREATMENT OF FUNDS.—Funds described

7 in paragraph (1) shall not count toward the amounts

8 that are required to be reserved by a State for

9 school improvement under section 1003.

10 ‘‘SEC. 7103. DEVELOPMENT OF STATE STANDARDS AND AS11 SESSMENTS.

12 ‘‘(a) IN GENERAL.—The Secretary shall make finan13 cial awards to States to enable the States—

14 ‘‘(1) to pay the costs of the development of the

15 additional State assessments and standards required

16 by section 1111(b), including the costs of working in

17 voluntary partnerships with other States, at the sole

18 discretion of each such State, in developing such as19 sessments and standards if a State chooses to do so;

20 and

21 ‘‘(2) if a State has developed the assessments

22 and standards referred to in paragraph (1), to ad23 minister such assessments or to carry out other ac24 tivities described in this title and other activities re25 lated to ensuring accountability for results in the
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1 State’s schools and local educational agencies, such

2 as—

3 ‘‘(A) developing academic content and

4 achievement standards and aligned assessments

5 in other subjects not required by section 1111;

6 ‘‘(B) developing assessments of English

7 language proficiency necessary to comply with

8 section 1111(b)(7);

9 ‘‘(C) assuring the continued validity and

10 reliability of State assessments;

11 ‘‘(D) refining State assessments to ensure

12 their continued alignment with the State’s aca13 demic content standards and to improve the

14 alignment of curricula and instruction mate15 rials;

16 ‘‘(E) providing for multiple measures to in17 crease the reliability and validity of student and

18 school classifications;

19 ‘‘(F) strengthening the capacity of local

20 educational agencies and schools to provide all

21 students the opportunity to increase educational

22 achievement;

23 ‘‘(G) expanding the range of accommoda24 tions available to students with limited English

25 proficiency and students with disabilities to im-
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1 prove the rates of inclusion of such students;

2 and

3 ‘‘(H) improving the dissemination of infor4 mation on student achievement and school per5 formance to parents and the community.

6 ‘‘(b) BONUSES.—The Secretary shall make a one7 time bonus payment to each State that completes the de8 velopment of the assessments described in subsection (a)

9 ahead of the deadline set forth in section 1111.

10 ‘‘SEC. 7104. FUNDING.

11 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—

12 ‘‘(1) AWARDS AND BONUS PAYMENTS.—For the

13 purposes of making awards under section 7101 and

14 bonus payments under section 7103(b), there are

15 authorized to be appropriated $40,000,000 for fiscal

16 year 2002 and such sums as may be necessary for

17 each of fiscal years 2003 through 2006.

18 ‘‘(2) GRANTS FOR INDEPENDENT ASSESS19 MENTS; ADMINISTRATION OF STATE ASSESSMENTS

20 UNDER NAEP.—For the purposes of making grants

21 to offset the costs of independent assessments under

22 section 7101(g) and for the purposes of admin23 istering the State assessments carried out under the

24 National Assessment of Educational Progress re25 ferred to in section 7101(b)(1)(B)(i), there are au-
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1 thorized to be appropriated to the Secretary

2 $69,000,000 for fiscal year 2002 and such sums as

3 may be necessary for each of fiscal years 2003

4 through 2006.

5 ‘‘(3) DEVELOPMENT AND ADMINISTRATION OF

6 STATE STANDARDS AND ASSESSMENTS.—For the

7 purposes of carrying out subsection 7103(a), there

8 are authorized to be appropriated $400,000,000 for

9 fiscal year 2002 and such sums as may be necessary

10 for each of the fiscal years 2003 through 2005.

11 ‘‘(b) ALLOCATION OF APPROPRIATED FUNDS.—

12 From each of the amounts appropriated under subsection

13 (a), the Secretary shall allocate to the States—

14 ‘‘(1) 50 percent based on the relative number of

15 children aged 5 to 17 in each State; and

16 ‘‘(2) 50 percent allocated equally among the

17 States.

18 ‘‘PART B—FUNDING FLEXIBILITY FOR STATE AND

19 LOCAL EDUCATIONAL AGENCIES

20 ‘‘SEC. 7201. SHORT TITLE.

21 ‘‘This part may be cited as the ‘State and Local

22 Transferability Act’.

23 ‘‘SEC. 7202. PURPOSE.

24 ‘‘The purpose of this part is to allow States and local

25 educational agencies the flexibility—
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1 ‘‘(1) to target Federal funds to Federal pro2 grams that most effectively address the unique needs

3 of States and localities; and

4 ‘‘(2) to transfer Federal funds allocated to

5 other activities to allocations for activities authorized

6 under title I programs.

7 ‘‘SEC. 7203. TRANSFERABILITY OF FUNDS.

8 ‘‘(a) TRANSFERS BY STATES.—

9 ‘‘(1) IN GENERAL.—In accordance with this

10 part, a State may transfer up 50 percent of the non11 administrative State funds allocated to the State for

12 use for State-level activities under each of the fol13 lowing provisions to one or more of the State’s allo14 cations under any other of such provisions:

15 ‘‘(A) Part A of Title II.

16 ‘‘(B) Subpart 1 of part A of title IV.

17 ‘‘(C) Part A or B of title V.

18 ‘‘(2) SUPPLEMENTAL FUNDS FOR TITLE I.—In

19 accordance with this part, a State may transfer any

20 funds allocated to the State under a provision listed

21 in paragraph (1) to its allocation under title I.

22 ‘‘(b) TRANSFERS BY LOCAL EDUCATIONAL AGEN23 CIES.—

24 ‘‘(1) AUTHORITY TO TRANSFER FUNDS.—
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1 ‘‘(A) IN GENERAL.—In accordance with

2 this part, a local educational agency (except a

3 local educational agency identified for improve4 ment under section 1116(c)(2) or subject to

5 corrective action under section 1116(c)(9)) may

6 transfer not more than 50 percent of the funds

7 allocated to it under each of the provisions list8 ed in paragraph (2) for a fiscal year to one or

9 more of its allocations for such fiscal year

10 under any other provision listed in paragraph

11 (2).

12 ‘‘(B) AGENCIES IDENTIFIED FOR IM13 PROVEMENT.—A local educational agency iden14 tified for improvement under section 1116(c)(2)

15 may transfer in accordance with this part not

16 more than 30 percent of the funds allocated to

17 it under each of the provisions listed in para18 graph (2)—

19 ‘‘(i) to its allocation for school im20 provement under section 1003;

21 ‘‘(ii) to any other allocation if such

22 transferred funds are used only for local

23 educational agency improvement activities

24 consistent with section 1116(d).
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1 ‘‘(C) SUPPLEMENTAL FUNDS FOR TITLE

2 I.—In accordance with this part, a local edu3 cational agency may transfer funds allocated to

4 such agency under a provision listed in para5 graph (2) to its allocation under title I.

6 ‘‘(2) APPLICABLE PROVISIONS.—A local edu7 cational agency may transfer funds under subpara8 graph (A) or (B) from allocations made under each

9 of the following provisions:

10 ‘‘(A) Title II.

11 ‘‘(B) Subpart 1 of part A of title IV.

12 ‘‘(C) Subpart 1 of part A of title V or sec13 tion 5212(a)(2)(A).

14 ‘‘(c) NO TRANSFER OF TITLE I FUNDS.—A State or

15 a local educational agency may not transfer under this

16 part to any other program any funds allocated to it under

17 title I.

18 ‘‘(d) MODIFICATION OF PLANS AND APPLICATIONS;

19 NOTIFICATION.—

20 ‘‘(1) STATE TRANSFERS.—Each State that

21 makes a transfer of funds under this section shall—

22 ‘‘(A) modify to account for such transfer

23 each State plan, or application submitted by the

24 State, to which such funds relate;
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1 ‘‘(B) not later than 30 days after the date

2 of such transfer, submit a copy of such modi3 fied plan or application to the Secretary; and

4 ‘‘(C) not later than 30 days before the ef5 fective date of such transfer, notify the Sec6 retary of such transfer.

7 ‘‘(2) LOCAL TRANSFERS.—Each local edu8 cational agency that makes a transfer under this

9 section shall—

10 ‘‘(A) modify to account for such transfer

11 each local plan, or application submitted by the

12 agency, to which such funds relate;

13 ‘‘(B) not later than 30 days after the date

14 of such transfer, submit a copy of such modi15 fied plan or application to the State; and

16 ‘‘(C) not later than 30 days before the ef17 fective date of such transfer, notify the State of

18 such transfer.

19 ‘‘(e) APPLICABLE RULES.—

20 ‘‘(1) IN GENERAL.—Except as otherwise pro21 vided in this part, funds transferred under this sec22 tion are subject to each of the rules and require23 ments applicable to the funds allocated by the Sec24 retary under the provision to which the transferred

25 funds are transferred.
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1 ‘‘(2) CONSULTATION.—Each State educational

2 agency or local educational agency that transfers

3 funds under this section shall conduct consultations

4 in accordance with section 8503(c), if such transfer

5 transfers funds from a program that provides for

6 the participation of students, teachers, or other edu7 cational personnel, from private schools.

8 ‘‘PART C—LOCAL FLEXIBILITY DEMONSTRATION

9 ‘‘SEC. 7301. SHORT TITLE.

10 ‘‘This part may be cited as the ‘Local Flexibility

11 Demonstration Act’.

12 ‘‘SEC. 7302. PURPOSE.

13 ‘‘The purpose of this part is to create options for local

14 educational agencies—

15 ‘‘(1) to improve the academic achievement of all

16 students, and to focus the resources of the Federal

17 Government upon such achievement;

18 ‘‘(2) to improve teacher quality and subject

19 matter mastery, especially in mathematics, reading,

20 and science;

21 ‘‘(3) to empower parents and schools to effec22 tively address the needs of their children and stu23 dents;
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1 ‘‘(4) to give local educational agencies max2 imum freedom in determining how to boost academic

3 achievement and implement education reforms;

4 ‘‘(5) to eliminate Federal barriers to imple5 menting effective local education programs;

6 ‘‘(6) to hold local educational agencies account7 able for boosting the academic achievement of all

8 students, especially disadvantaged children; and

9 ‘‘(7) to narrow achievement gaps between the

10 lowest and highest performing groups of students so

11 that no child is left behind.

12 ‘‘SEC. 7303. AGREEMENTS TO PROVIDE LOCAL FLEXIBILITY.

13 ‘‘(a) AUTHORITY.—Except as otherwise provided in

14 this part, the Secretary shall enter into performance

15 agreements—

16 ‘‘(1) with local educational agencies that meet

17 their State’s definition of adequate yearly progress,

18 that submit approvable performance agreement pro19 posals, and that are selected under paragraph (2);

20 and

21 ‘‘(2) under which the agencies may consolidate

22 and use funds as described in section 7304.

23 ‘‘(b) SELECTION OF LOCAL EDUCATIONAL AGEN24 CIES.—
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1 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

2 the Secretary shall enter into performance agree3 ments under this part with not more than 100 local

4 educational agencies. Each such local educational

5 agency shall be selected from among those local edu6 cational agencies that—

7 ‘‘(A) submit a proposed performance

8 agreement to the Secretary and demonstrate, to

9 the satisfaction of the Secretary, that the

10 agreement—

11 ‘‘(i) has substantial promise of meet12 ing the requirements of this part; and

13 ‘‘(ii) describes a plan to combine and

14 use funds (as authorized under section

15 7304) under the agreement to meet the

16 State’s definition of adequate yearly

17 progress;

18 ‘‘(B) provide information in the proposed

19 performance agreement regarding how the local

20 educational agency has notified the State of the

21 local educational agency’s intent to submit a

22 proposed performance agreement; and

23 ‘‘(C) have consulted and involved parents

24 and educators in the development of the pro25 posed performance agreement.
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1 ‘‘(2) GEOGRAPHIC DISTRIBUTION.—

2 ‘‘(A) IN GENERAL.—

3 ‘‘(i) INITIAL AGREEMENTS.—During

4 the period of time that expires 3 years

5 after the date of enactment of the No

6 Child Left Behind Act of 2001, the Sec7 retary may enter into not more than 2 per8 formance agreements under this part with

9 local educational agencies in each State.

10 ‘‘(ii) SUBSEQUENT AGREEMENTS.—

11 After the expiration of the 3-year period

12 beginning on the date of enactment of the

13 No Child Left Behind Act of 2001, the

14 Secretary may enter into performance

15 agreements under this part with any num16 ber of local educational agencies in each

17 State until the total number of such agree18 ments equals 100.

19 ‘‘(B) URBAN AND RURAL AREAS.—If more

20 than 2 local educational agencies in a State

21 submit approvable performance agreements

22 under this part, the Secretary shall select local

23 educational agencies for performance agree24 ments under this part in a manner that ensures
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1 an equitable distribution among such agencies

2 serving urban and rural areas.

3 ‘‘(c) REQUIRED TERMS OF PERFORMANCE AGREE4 MENT.—Each performance agreement entered into with

5 the Secretary under this part shall have each of the fol6 lowing terms:

7 ‘‘(1) TERM.— The performance agreement shall

8 be for a term of 5 years.

9 ‘‘(2) APPLICATION OF PROGRAM REQUIRE10 MENTS.—The performance agreement shall provide

11 that no requirements of any program described in

12 section 7304(b) and included by the local edu13 cational agency in the scope of the agreement shall

14 apply to the agency, except as otherwise provided in

15 this part.

16 ‘‘(3) LIST OF PROGRAMS.—The performance

17 agreement shall list which of the programs described

18 in section 7304(b) are included in the scope of the

19 performance agreement.

20 ‘‘(4) USE OF FUNDS TO IMPROVE STUDENT

21 ACHIEVEMENT.— The performance agreement shall

22 contain a 5-year plan describing how the local edu23 cational agency intends to combine and use the

24 funds from programs included in the scope of the

25 performance agreement to advance the education
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1 priorities of the State and the local educational

2 agency, meet the general purposes of the included

3 programs, improve student achievement, and narrow

4 achievement gaps.

5 ‘‘(5) LOCAL INPUT.—The performance agree6 ment shall contain an assurance that the local edu7 cational agency will provide parents, teachers, and

8 schools with notice and an opportunity to comment

9 on the proposed terms of the performance agreement

10 in accordance with State law.

11 ‘‘(6) FISCAL RESPONSIBILITIES.—The perform12 ance agreement shall contain an assurance that the

13 local educational agency will use fiscal control and

14 fund accounting procedures that will ensure proper

15 disbursement of, and accounting for, Federal funds

16 consolidated and used under the performance agree17 ment.

18 ‘‘(7) CIVIL RIGHTS.—The performance agree19 ment shall contain an assurance that the local edu20 cational agency will meet the requirements of appli21 cable Federal civil rights laws in carrying out the

22 agreement and in consolidating and using the funds

23 under the agreement.

24 ‘‘(8) PRIVATE SCHOOL PARTICIPATION.—The

25 performance agreement shall contain an assurance
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1 that the local educational agency agrees that in con2 solidating and using funds under the performance

3 agreement—

4 ‘‘(A) the local educational agency will pro5 vide for the equitable participation of students

6 and professional staff in private schools; and

7 ‘‘(B) that sections 8504, 8505, and 8506

8 shall apply to all services and assistance pro9 vided with such funds in the same manner as

10 such sections apply to services and assistance

11 provided in accordance with section 8503.

12 ‘‘(9) ANNUAL REPORTS.—The performance

13 agreement shall contain an assurance that the local

14 educational agency agrees that not later than 1 year

15 after the date on which the Secretary enters into the

16 performance agreement, and annually thereafter

17 during the term of the performance agreement, the

18 local educational agency shall disseminate widely to

19 parents and the general public, transmit to its State

20 educational agency and the Secretary, distribute to

21 print and broadcast media, and post on the Internet,

22 a report that includes a detailed description of how

23 the local educational agency used the funds consoli24 dated under the agreement to improve student aca25 demic achievement and reduce achievement gaps.
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1 ‘‘(c) APPROVAL.—Not later than 60 days after the

2 receipt of a proposed performance agreement submitted

3 by a local educational agency under this part, the Sec4 retary shall approve the performance agreement or provide

5 the local educational agency with a written determination

6 that such agreement fails to satisfy the requirements of

7 this part.

8 ‘‘(d) AMENDMENT TO PERFORMANCE AGREE9 MENT.—

10 ‘‘(1) IN GENERAL.—In each of the following

11 circumstances, the Secretary shall agree to amend a

12 performance agreement entered into with a local

13 educational agency under this part:

14 ‘‘(A) REDUCTION IN SCOPE OF PERFORM15 ANCE AGREEMENT.—Not later than 1 year

16 after entering into the performance agreement,

17 a State seeks to amend the agreement to re18 move from the scope any program described in

19 section 7304(b).

20 ‘‘(B) EXPANSION OF SCOPE OF PERFORM21 ANCE AGREEMENT.—Not later than 1 year

22 after entering into the performance agreement,

23 a State seeks to amend the agreement to in24 clude in its scope any additional program de25 scribed in section 7304(b) or any additional
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1 achievement indicators for which the State will

2 be held accountable.

3 ‘‘(2) APPROVAL OF AMENDMENT.—

4 ‘‘(1) IN GENERAL.—Not later than 60

5 days after the receipt of a proposed amendment

6 to the performance agreement submitted by a

7 local educational agency, the Secretary shall ap8 prove the amendment or provide the agency

9 with a written determination that the amend10 ment fails to satisfy the requirements of this

11 part.

12 ‘‘(B) TREATMENT AS APPROVED.—Each

13 amendment for which the Secretary fails to

14 take the action required in subparagraph (A) in

15 the time period described in such subparagraph

16 shall be considered to be approved.

17 ‘‘(3) TREATMENT OF PROGRAM FUNDS WITH18 DRAWN FROM AGREEMENT.—Beginning on the effec19 tive date of an amendment executed under para20 graph (1)(A), each program requirement of each

21 program removed from the scope of a performance

22 agreement shall apply to the local educational agen23 cy’s use of funds made available under the program.

24 ‘‘SEC. 7304. CONSOLIDATION AND USE OF FUNDS.

25 ‘‘(a) IN GENERAL.—
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1 ‘‘(1) AUTHORITY.—Under a performance agree2 ment entered into under this part, a local edu3 cational agency may consolidate, subject to sub4 section (c), Federal funds made available to the

5 agency under the provisions listed in subsection (b)

6 and use such funds for any educational purpose per7 mitted under this Act.

8 ‘‘(2) PROGRAM REQUIREMENTS.—Except as

9 otherwise provided in this part, a local educational

10 agency may use funds under paragraph (1) notwith11 standing the program requirements of the program

12 under which the funds were made available to the

13 State.

14 ‘‘(b) ELIGIBLE PROGRAMS.—Funds made available

15 under programs under each of the following provisions of

16 this Act may be consolidated and used under subsection

17 (a):

18 ‘‘(1) Title II.

19 ‘‘(2) Part A of title IV.

20 ‘‘(3) Subpart 1 of part A of title V.

21 ‘‘(4) Part B of title V.

22 ‘‘SEC. 7305. LIMITATIONS ON ADMINISTRATIVE EXPENDI23 TURES.

24 ‘‘Each local educational agency that has entered into

25 a performance agreement with the Secretary under this
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1 part may use for administrative purposes not more than

2 4 percent of the total amount of funds allocated to the

3 agency under the programs included in the scope of the

4 performance agreement.

5 ‘‘SEC. 7306. PERFORMANCE REVIEW AND PENALTIES.

6 ‘‘(a) MIDTERM REVIEW.—The Secretary may not

7 enter into a performance agreement under this part unless

8 the agreement includes a provision permitting the Sec9 retary, after notice and an opportunity for a hearing, to

10 terminate the agreement if, during the term of the agree11 ment, the local educational agency that is party to the

12 agreement fails to make adequate yearly progress for 3

13 consecutive years.

14 ‘‘(b) FINAL REVIEW.—If, at the end of the 5-year

15 term of a performance agreement entered into under this

16 part, a local educational agency that is party to the agree17 ment has not met the achievement goals contained in the

18 performance agreement, the Secretary may not renew the

19 agreement under section 7307 and, beginning on the date

20 on which such term ends, the local educational agency

21 shall be required to comply with each of the program re22 quirements in effect on such date for each program in23 cluded in the performance agreement.
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1 ‘‘SEC. 7307. RENEWAL OF PERFORMANCE AGREEMENT.

2 ‘‘(a) IN GENERAL.—Except as provided in section

3 7306(b) and in accordance with this section, the Secretary

4 shall renew for 1 additional 5-year term a performance

5 agreement entered into under this part if the State that

6 is party to the agreement has met or has substantially

7 met, by the end of the original term of the agreement,

8 the achievement goals contained in the agreement.

9 ‘‘(b) NOTIFICATION.—The Secretary may not renew

10 a performance agreement under this part unless, not less

11 than 6 months before the end of the original term of the

12 agreement, the local educational agency seeking the re13 newal notifies the Secretary of its intention to renew.

14 ‘‘(c) EFFECTIVE DATE.—A renewal under this sec15 tion shall be effective at the end of the original term of

16 the agreement or on the date on which the local edu17 cational agency seeking renewal provides to the Secretary

18 all data required under the agreement, whichever is later.

19 ‘‘SEC. 7308. REPORTS.

20 ‘‘(a) TRANSMITTAL TO CONGRESS.—Not later than

21 60 days after the Secretary receives a report described in

22 section 7303(c)(9), the Secretary shall make the report

23 available to the Committee on Education and the Work24 force of the House of Representatives and the Committee

25 on Health, Education, Labor and Pensions of the Senate.
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1 ‘‘(b) LIMITATION.—A State in which a local edu2 cational agency that is party to a performance agreement

3 entered into under this part is located may not require

4 such local educational agency to provide any application

5 information with respect to the programs included within

6 the scope of such performance agreement other than that

7 information that is required to be included in the report

8 described in section 7303(c)(9).

9 ‘‘SEC. 7309. DEFINITIONS.

10 ‘‘In this part, the following definitions apply:

11 ‘‘(1) ADEQUATE YEARLY PROGRESS.—The term

12 ‘adequate yearly progress’ means the adequate year13 ly progress determined by the State in which a local

14 educational agency is located pursuant to section

15 1111(b)(2)(C).

16 ‘‘(2) ALL STUDENTS.—The term ‘all students’

17 means all students attending public schools or char18 ter schools that are participating in the State’s ac19 countability and assessment system.’’.

20 TITLE VIII—GENERAL

21 PROVISIONS

22 SEC. 801. GENERAL PROVISIONS.

23 The Elementary and Secondary Education Act of

24 1965, as amended by this Act, is further amended by add25 ing at the end of title VII the following:
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1 ‘‘TITLE VIII—GENERAL

2 PROVISIONS

3 ‘‘PART A—DEFINITIONS

4 ‘‘SEC. 8101. DEFINITIONS.

5 ‘‘Except as otherwise provided, for the purposes of

6 this Act, the following terms have the following meanings:

7 ‘‘(1) Average daily attendance—

8 ‘‘(A) Except as provided otherwise by

9 State law or this paragraph, the term ‘average

10 daily attendance’ means—

11 ‘‘(i) the aggregate number of days of

12 attendance of all students during a school

13 year; divided by

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

15 session during such school year.

16 ‘‘(B) The Secretary shall permit the con17 version of average daily membership (or other

18 similar data) to average daily attendance for

19 local educational agencies in States that provide

20 State aid to local educational agencies on the

21 basis of average daily membership or such other

22 data.

23 ‘‘(C) If the local educational agency in

24 which a child resides makes a tuition or other

25 payment for the free public education of the
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1 child in a school located in another school dis2 trict, the Secretary shall, for purposes of this

3 Act—

4 ‘‘(i) consider the child to be in attend5 ance at a school of the agency making such

6 payment; and

7 ‘‘(ii) not consider the child to be in at8 tendance at a school of the agency receiv9 ing such payment.

10 ‘‘(D) If a local educational agency makes a

11 tuition payment to a private school or to a pub12 lic school of another local educational agency

13 for a child with disabilities, as defined in para14 graph (5), the Secretary shall, for the purposes

15 of this Act, consider such child to be in attend16 ance at a school of the agency making such

17 payment.

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

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

20 case of a State or of the United States—

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

22 funds—

23 ‘‘(i) the aggregate current expendi24 tures, during the third fiscal year pre25 ceding the fiscal year for which the deter-
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1 mination is made (or, if satisfactory data

2 for that year are not available, during the

3 most recent preceding fiscal year for which

4 satisfactory data are available) of all local

5 educational agencies in the State or, in the

6 case of the United States for all States

7 (which, for the purpose of this paragraph,

8 means the 50 States and the District of

9 Columbia); plus

10 ‘‘(ii) any direct current expenditures

11 by the State for the operation of such

12 agencies; divided by

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

14 average daily attendance to whom such agencies

15 provided free public education during such pre16 ceding year.

17 ‘‘(3) BEGINNING TEACHER.—The term ‘begin18 ning teacher’ means an educator in a public school

19 who has been teaching less than a total of 3 com20 plete school years.

21 ‘‘(4) CHILD.—The term ‘child’ means any per22 son within the age limits for which the State pro23 vides free public education.

24 ‘‘(5) CHILD WITH DISABILITY.—The term ‘child

25 with a disability’ means a child—
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1 ‘‘(A) with mental retardation, hearing im2 pairments (including deafness), speech or lan3 guage impairments, visual impairments (includ4 ing blindness), serious emotional disturbance

5 (hereinafter referred to as ‘emotional disturb6 ance’), orthopedic impairments, autism, trau7 matic brain injury, other health impairments, or

8 specific learning disabilities; and

9 ‘‘(B) who, by reason thereof, needs special

10 education and related services.

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

12 term ‘community-based organization’ means a public

13 or private nonprofit organization of demonstrated ef14 fectiveness that—

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

16 significant segments of a community; and

17 ‘‘(B) provides educational or related serv18 ices to individuals in the community.

19 ‘‘(7) CONSOLIDATED LOCAL APPLICATION.—

20 The term ‘consolidated local application’ means an

21 application submitted by a local educational agency

22 pursuant to section 14305.

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

24 ‘consolidated local plan’ means a plan submitted by
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1 a local educational agency pursuant to section

2 14305.

3 ‘‘(9) CONSOLIDATED STATE APPLICATION.—

4 The term ‘consolidated State application’ means an

5 application submitted by a State educational agency

6 pursuant to section 14302.

7 ‘‘(10) CONSOLIDATED STATE PLAN.—The term

8 ‘consolidated State plan’ means a plan submitted by

9 a State educational agency pursuant to section

10 14302.

11 ‘‘(11) COUNTY.—The term ‘county’ means one

12 of the divisions of a State used by the Secretary of

13 Commerce in compiling and reporting data regard14 ing counties.

15 ‘‘(12) COVERED PROGRAM.—The term ‘covered

16 program’ means each of the programs authorized

17 by—

18 ‘‘(A) part A of title I;

19 ‘‘(B) part B of title I;

20 ‘‘(C) part C of title I;

21 ‘‘(D) part D of title I;

22 ‘‘(E) part F of title I;

23 ‘‘(F) part G of title I;

24 ‘‘(G) part A of title II;

25 ‘‘(H) part A of title III;
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1 ‘‘(I) part A of title V;

2 ‘‘(J) part B of title V; and

3 ‘‘(K) part A of title IV:

4 ‘‘(13) CURRENT EXPENDITURES.—The term

5 ‘current expenditures’ means expenditures for free

6 public education—

7 ‘‘(A) including expenditures for adminis8 tration, instruction, attendance, pupil transpor9 tation services, operation and maintenance of

10 plant, fixed charges, and net expenditures to

11 cover deficits for food services and student body

12 activities; but

13 ‘‘(B) not including expenditures for com14 munity services, capital outlay, and debt serv15 ice, or any expenditures made from funds re16 ceived under title I and part A of title IV.

17 ‘‘(14) DEPARTMENT.—The term ‘Department’

18 means the Department of Education.

19 ‘‘(15) EDUCATIONAL SERVICE AGENCY.—The

20 term ‘educational service agency’ means a regional

21 public multiservice agency authorized by State stat22 ute to develop, manage, and provide services or pro23 grams to local educational agencies.

24 ‘‘(16) EFFECTIVE SCHOOLS PROGRAM.—The

25 term ‘effective schools program’ means a school-
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1 based program that may encompass preschool

2 through secondary school levels and that has the ob3 jectives of—

4 ‘‘(A) promoting school-level planning, in5 structional improvement, and staff development;

6 ‘‘(B) increasing the academic achievement

7 levels of all children and particularly education8 ally disadvantaged children; and

9 ‘‘(C) achieving as ongoing conditions in the

10 school the following factors identified through

11 scientifically based research as distinguishing

12 effective from ineffective schools:

13 ‘‘(i) Strong and effective administra14 tive and instructional leadership that cre15 ates consensus on instructional goals and

16 organizational capacity for instructional

17 problem solving.

18 ‘‘(ii) Emphasis on the acquisition of

19 basic and advanced academic skills.

20 ‘‘(iii) A safe and orderly school envi21 ronment that allows teachers and pupils to

22 focus their energies on academic achieve23 ment.
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1 ‘‘(iv) Continuous review of students

2 and programs to evaluate the effects of in3 struction.

4 ‘‘(17) ELEMENTARY SCHOOL.—The term ‘ele5 mentary school’ means a nonprofit institutional day

6 or residential school, including a public elementary

7 charter school, that provides elementary education,

8 as determined under State law.

9 ‘‘(18) ESSENTIAL COMPONENTS OF READING

10 INSTRUCTION.—The term ‘essential components of

11 reading instruction’ means explicit and systematic

12 instruction in—

13 ‘‘(A) phonemic awareness;

14 ‘‘(B) phonics;

15 ‘‘(C) vocabulary development;

16 ‘‘(D) reading fluency; and

17 ‘‘(E) reading comprehension strategies.

18 ‘‘(19) FAMILY LITERACY SERVICES.—The term

19 ‘family literacy services’ means services provided to

20 participants on a voluntary basis that are of suffi21 cient intensity in terms of hours, and of sufficient

22 duration, to make sustainable changes in a family,

23 and that integrate all of the following activities:

24 ‘‘(A) Interactive literacy activities between

25 parents and their children.
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1 ‘‘(B) Training for parents regarding how

2 to be the primary teacher for their children and

3 full partners in the education of their children.

4 ‘‘(C) Parent literacy training that leads to

5 economic self-sufficiency.

6 ‘‘(D) An age-appropriate education to pre7 pare children for success in school and life ex8 periences.

9 ‘‘(20) FREE PUBLIC EDUCATION.—The term

10 ‘free public education’ means education that is

11 provided—

12 ‘‘(A) at public expense, under public super13 vision and direction, and without tuition charge;

14 and

15 ‘‘(B) as elementary or secondary school

16 education as determined under applicable State

17 law, except that such term does not include any

18 education provided beyond grade 12.

19 ‘‘(21) FULLY QUALIFIED.—The term ‘fully

20 qualified’—

21 ‘‘(A) when used with respect to a public el22 ementary or secondary school teacher means

23 that the teacher has obtained State certification

24 as a teacher (including certification obtained

25 through alternative routes to certification) or
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1 passed the State teacher licensing exam and

2 holds a license to teach in such State, except

3 that when used with respect to any teacher

4 teaching in a public charter school, means that

5 the teacher meets the requirements set forth in

6 the State’s public charter school law; and

7 ‘‘(B) when used with respect to—

8 ‘‘(i) an elementary school teacher,

9 means that the teacher holds a bachelor’s

10 degree and demonstrates knowledge and

11 teaching skills in reading, writing, mathe12 matics, science, and other areas of the ele13 mentary school curriculum; and

14 ‘‘(ii) a middle or secondary school

15 teacher, means that the teacher holds a

16 bachelor’s degree and demonstrates a high

17 level of competency in all subject areas in

18 which he or she teaches through—

19 ‘‘(I) a passing level of perform20 ance on a rigorous State or local aca21 demic subject areas test; or

22 ‘‘(II) completion of an academic

23 major in each of the subject areas in

24 which he or she provides instruction.
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1 ‘‘(22) GIFTED AND TALENTED.—The term

2 ‘gifted and talented’, when used with respect to stu3 dents, children or youth, means students, children or

4 youth who give evidence of high performance capa5 bility in areas such as intellectual, creative, artistic,

6 or leadership capacity, or in specific academic fields,

7 and who require services or activities not ordinarily

8 provided by the school in order to fully develop such

9 capabilities.

10 ‘‘(23) INSTITUTION OF HIGHER EDUCATION.—

11 The term ‘institution of higher education’ has the

12 meaning given that term in section 101 of the High13 er Education Act of 1965.

14 ‘‘(24) LIMITED ENGLISH PROFICIENT STU15 DENT.—The term ‘limited English proficient stu16 dent’ means an individual aged 5 through 17 en17 rolled in an elementary school or secondary school—

18 ‘‘(A) who—

19 ‘‘(i) was not born in the United States

20 or whose native language is a language

21 other than English;

22 ‘‘(ii)(I) is a Native American or Alas23 ka Native, or a native resident of the out24 lying areas; and
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1 ‘‘(II) comes from an environment

2 where a language other than English has

3 had a significant impact on such individ4 ual’s level of English language proficiency;

5 or

6 ‘‘(iii) is migratory, whose native lan7 guage is a language other than English,

8 and who comes from an environment where

9 a language other than English is domi10 nant; and

11 ‘‘(B) who has sufficient difficulty speaking,

12 reading, writing, or understanding the English

13 language, and whose difficulties may deny the

14 individual—

15 ‘‘(i) the ability to meet the State’s

16 proficient level of performance on State as17 sessments described in section 1111(b)(4)

18 in core academic subjects; or

19 ‘‘(ii) the opportunity to participate

20 fully in society.

21 ‘‘(25) LOCAL EDUCATIONAL AGENCY.—(A) The

22 term ‘local educational agency’ means a public board

23 of education or other public authority legally con24 stituted within a State for either administrative con25 trol or direction of, or to perform a service function
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1 for, public elementary or secondary schools in a city,

2 county, township, school district, or other political

3 subdivision of a State, or for such combination of

4 school districts or counties as are recognized in a

5 State as an administrative agency for its public ele6 mentary or secondary schools.

7 ‘‘(B) The term includes any other public insti8 tution or agency having administrative control and

9 direction of a public elementary or secondary school.

10 ‘‘(C) The term includes an elementary or sec11 ondary school funded by the Bureau of Indian Af12 fairs but only to the extent that such inclusion

13 makes such school eligible for programs for which

14 specific eligibility is not provided to such school in

15 another provision of law and such school does not

16 have a student population that is smaller than the

17 student population of the local educational agency

18 receiving assistance under this Act with the smallest

19 student population, except that such school shall not

20 be subject to the jurisdiction of any State edu21 cational agency other than the Bureau of Indian Af22 fairs.

23 ‘‘(D) The term includes educational service

24 agencies and consortia of such agencies.
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1 ‘‘(26) MENTORING.—The term ‘mentoring’

2 means a program in which an adult works with a

3 child or youth on a 1-to-1 basis, establishing a sup4 portive relationship, providing academic assistance,

5 and introducing the child or youth to new experi6 ences that enhance the child or youth’s ability to

7 excel in school and become a responsible citizen.

8 ‘‘(27) NATIVE AMERICAN AND NATIVE AMER9 ICAN LANGUAGE.—The terms ‘Native American’ and

10 ‘Native American language’ shall have the same

11 meaning given such terms in section 103 of the Na12 tive American Languages Act of 1990.

13 ‘‘(28) OTHER STAFF.—The term ‘other staff’

14 means pupil services personnel, librarians, career

15 guidance and counseling personnel, education aides,

16 and other instructional and administrative per17 sonnel.

18 ‘‘(29) OUTLYING AREA.—The term ‘outlying

19 area’ means the United States Virgin Islands,

20 Guam, American Samoa, and the Commonwealth of

21 the Northern Mariana Islands, and through fiscal

22 year 2003 and for the purpose of any discretionary

23 grant program, includes the freely associated states

24 of the Republic of the Marshall Islands, the Fed-
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1 erated States of Micronesia, and the Republic of

2 Palau.

3 ‘‘(30) PARENT.—The term ‘parent’ includes a

4 legal guardian, or other person standing in loco

5 parentis (such as a grandparent or stepparent with

6 whom the child lives, or a person who is legally re7 sponsible for the child’s welfare).

8 ‘‘(31) PUPIL SERVICES PERSONNEL; PUPIL

9 SERVICES.—(A) The term ‘pupil services personnel’

10 means school counselors, school social workers,

11 school psychologists, and other qualified professional

12 personnel involved in providing assessment, diag13 nosis, counseling, educational, therapeutic, and other

14 necessary services (including related services as such

15 term is defined in section 602(22) of the Individuals

16 with Disabilities Education Act) as part of a com17 prehensive program to meet student needs.

18 ‘‘(B) The term ‘pupil services’ means the serv19 ices provided by pupil services personnel.

20 ‘‘(32) READING.—The term ‘reading’ means a

21 complex system of deriving meaning from print that

22 requires all of the following:

23 ‘‘(A) Skills and knowledge to understand

24 how phonemes, or speech sounds are connected

25 in print.
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1 ‘‘(B) Ability to decode unfamiliar words.

2 ‘‘(C) Ability to read fluently.

3 ‘‘(D) Sufficient background information

4 and vocabulary to foster reading comprehen5 sions.

6 ‘‘(E) Development of appropriate active

7 strategies to construct meaning from print.

8 ‘‘(F) Development and maintenance of a

9 motivation to read.

10 ‘‘(33) RIGOROUS DIAGNOSTIC READING AND

11 SCREENING ASSESSMENT TOOLS.—The term ‘rig12 orous diagnostic reading and screening assessment

13 tools’ means a diagnostic reading assessment that—

14 ‘‘(A) is valid, reliable, and grounded on sci15 entifically based reading research;

16 ‘‘(B) measures progress in developing pho17 nemic awareness and phonics skills, vocabulary,

18 reading fluency, and reading comprehension;

19 ‘‘(C) identifies students who may be at risk

20 for reading failure or who are having difficulty

21 reading; and

22 ‘‘(D) are used to improve instruction.

23 ‘‘(34) SCIENTIFICALLY BASED RESEARCH.—

24 The term ‘scientifically based research’—
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1 ‘‘(A) means the application of rigorous,

2 systematic, and objective procedures to obtain

3 valid knowledge relevant to education activities

4 and programs; and

5 ‘‘(B) shall include research that—

6 ‘‘(i) employs systematic, empirical

7 methods that draw on observation or ex8 periment;

9 ‘‘(ii) involves rigorous data analyses

10 that are adequate to test the stated

11 hypotheses and justify the general conclu12 sions drawn;

13 ‘‘(iii) relies on measurements or obser14 vational methods that provide valid data

15 across evaluators and observers and across

16 multiple measurements and observations;

17 ‘‘(iv) is evaluated using randomized

18 experiments in which individuals, entities,

19 programs, or activities are randomly as20 signed to different variations (including a

21 control condition) to compare the relative

22 effects of the variations; and

23 ‘‘(v) has been accepted by a peer-re24 viewed journal or approved by a panel of
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1 independent experts through a comparably

2 rigorous, objective, and scientific review.

3 ‘‘(35) SECONDARY SCHOOL.—The term ‘sec4 ondary school’ means a nonprofit institutional day or

5 residential school, including a public secondary char6 ter school, that provides secondary education, as de7 termined under State law, except that such term

8 does not include any education beyond grade 12.

9 ‘‘(36) SECRETARY.—The term ‘Secretary’

10 means the Secretary of Education.

11 ‘‘(37) STATE.—The term ‘State’ means each of

12 the 50 States, the District of Columbia, the Com13 monwealth of Puerto Rico, and each of the outlying

14 areas.

15 ‘‘(38) STATE EDUCATIONAL AGENCY.—The

16 term ‘State educational agency’ means the agency

17 primarily responsible for the State supervision of

18 public elementary and secondary schools.

19 ‘‘(39) TECHNOLOGY.—The term ‘technology’

20 means the latest state-of-the-art technology products

21 and services.

22 ‘‘SEC. 8102. APPLICABILITY OF TITLE.

23 ‘‘Parts B, C, D, and E of this title do not apply to

24 title VI of this Act.
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1 ‘‘SEC. 8103. APPLICABILITY TO BUREAU OF INDIAN AFFAIRS

2 OPERATED SCHOOLS.

3 ‘‘For purposes of any competitive program under this

4 Act, a consortia of schools operated by the Bureau of In5 dian Affairs, a school operated under a contract or grant

6 with the Bureau of Indian Affairs in consortia with an7 other contract or grant school or tribal or community or8 ganization, or a Bureau of Indian Affairs school in con9 sortia with an institution of higher education, a contract

10 or grant school and tribal or community organization shall

11 be given the same consideration as a local educational

12 agency.

13 ‘‘PART B—FLEXIBILITY IN THE USE OF

14 ADMINISTRATIVE AND OTHER FUNDS

15 ‘‘SEC. 8201. CONSOLIDATION OF STATE ADMINISTRATIVE

16 FUNDS FOR ELEMENTARY AND SECONDARY

17 EDUCATION PROGRAMS.

18 ‘‘(a) CONSOLIDATION OF ADMINISTRATIVE FUNDS.—

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

20 may consolidate the amounts specifically made avail21 able to such agency for State administration under

22 one or more of the programs under paragraph (2)

23 if such State educational agency can demonstrate

24 that the majority of such agency’s resources are de25 rived from non-Federal sources.
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1 ‘‘(2) APPLICABILITY.—This section applies to

2 any program under this Act under which funds are

3 authorized to be used for administration, and such

4 other programs as the Secretary may designate.

5 ‘‘(b) USE OF FUNDS.—

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

7 shall use the amount available under this section for

8 the administration of the programs included in the

9 consolidation under subsection (a).

10 ‘‘(2) ADDITIONAL USES.—A State educational

11 agency may also use funds available under this sec12 tion for administrative activities designed to enhance

13 the effective and coordinated use of funds under pro14 grams included in the consolidation under subsection

15 (a), such as—

16 ‘‘(A) the coordination of such programs

17 with other Federal and non-Federal programs;

18 ‘‘(B) the establishment and operation of

19 peer-review mechanisms under this Act;

20 ‘‘(C) the administration of this title;

21 ‘‘(D) the dissemination of information re22 garding model programs and practices;

23 ‘‘(E) technical assistance under any pro24 gram under this Act;
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1 ‘‘(F) State level activities designed to carry

2 out this title;

3 ‘‘(G) training personnel engaged in audit

4 and other monitoring activities; and

5 ‘‘(H) implementation of the Cooperative

6 Audit Resolution and Oversight Initiative of the

7 Department of Education.

8 ‘‘(c) RECORDS.—A State educational agency that

9 consolidates administrative funds under this section shall

10 not be required to keep separate records, by individual

11 program, to account for costs relating to the administra12 tion of programs included in the consolidation under sub13 section (a).

14 ‘‘(d) REVIEW.—To determine the effectiveness of

15 State administration under this section, the Secretary may

16 periodically review the performance of State educational

17 agencies in using consolidated administrative funds under

18 this section and take such steps as the Secretary finds

19 appropriate to ensure the effectiveness of such administra20 tion.

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

5 local educational agency, in such agency’s applications or

6 plans under this Act, shall describe how such agency will

7 eliminate duplication in the conduct of administrative

8 functions.

9 ‘‘SEC. 8203. CONSOLIDATION OF FUNDS FOR LOCAL ADMIN10 ISTRATION.

11 ‘‘(a) GENERAL AUTHORITY.—In accordance with

12 regulations of the Secretary and for any fiscal year, a local

13 educational agency, with the approval of its State edu14 cational agency, may consolidate and use for the adminis15 tration of one or more programs under this Act (or such

16 other programs as the Secretary shall designate) not more

17 than the percentage, established in each such program, of

18 the total available for the local educational agency under

19 such programs.

20 ‘‘(b) STATE PROCEDURES.—Within one-year from

21 the date of enactment of the No Child Left Behind Act

22 of 2001, a State educational agency shall, in collaboration

23 with local educational agencies in the State, establish pro24 cedures for responding to requests from local educational

25 agencies to consolidate administrative funds under sub-
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1 section (a) and for establishing limitations on the amount

2 of funds under such programs that may be used for ad3 ministration on a consolidated basis.

4 ‘‘(c) CONDITIONS.—A local educational agency that

5 consolidates administrative funds under this section for

6 any fiscal year shall not use any other funds under the

7 programs included in the consolidation for administration

8 for that fiscal year.

9 ‘‘(d) USES OF ADMINISTRATIVE FUNDS.—A local

10 educational agency that consolidates administrative funds

11 under this section may use such consolidated funds for

12 the administration of such programs and for uses, at the

13 school district and school levels, comparable to those de14 scribed in section 8201(b)(2).

15 ‘‘(e) RECORDS.—A local educational agency that con16 solidates administrative funds under this section shall not

17 be required to keep separate records, by individual pro18 gram, to account for costs relating to the administration

19 of such programs included in the consolidation.

20 ‘‘SEC. 8204. CONSOLIDATED SET-ASIDE FOR DEPARTMENT

21 OF THE INTERIOR FUNDS.

22 ‘‘(a) GENERAL AUTHORITY.—

23 ‘‘(1) TRANSFER.—The Secretary shall transfer

24 to the Department of the Interior, as a consolidated

25 amount for covered programs, the Indian education
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1 programs under subpart 1 of part B of title III, and

2 the education for homeless children and youth pro3 gram under subtitle B of title VII of the Stewart B.

4 McKinney Homeless Assistance Act, the amounts al5 lotted to the Department of the Interior under those

6 programs.

7 ‘‘(2) AGREEMENT.—(A) The Secretary and the

8 Secretary of the Interior shall enter into an agree9 ment, consistent with the requirements of the pro10 grams specified in paragraph (1), for the distribu11 tion and use of those program funds under terms

12 that the Secretary determines best meet the pur13 poses of those programs.

14 ‘‘(B) The agreement shall—

15 ‘‘(i) set forth the plans of the Secretary of

16 the Interior for the use of the amount trans17 ferred and the performance measures to assess

18 program effectiveness, including measurable

19 goals and objectives; and

20 ‘‘(ii) be developed in consultation with In21 dian tribes.

22 ‘‘(b) ADMINISTRATION.—The Department of the In23 terior may use not more than 1.5 percent of the funds

24 consolidated under this section for such department’s
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1 costs related to the administration of the funds trans2 ferred under this section.

3 ‘‘PART C—COORDINATION OF PROGRAMS; CON4 SOLIDATED STATE AND LOCAL PLANS AND

5 APPLICATIONS

6 ‘‘SEC. 8301. PURPOSE.

7 ‘‘The purposes of this part are to improve teaching

8 and learning through greater coordination between pro9 grams and to provide greater flexibility to State and local

10 authorities by allowing the consolidation of State and local

11 plans, applications, and reporting.

12 ‘‘SEC. 8302. OPTIONAL CONSOLIDATED STATE PLANS OR

13 APPLICATIONS.

14 ‘‘(a) GENERAL AUTHORITY.—

15 ‘‘(1) SIMPLIFICATION.—In order to simplify ap16 plication requirements and reduce the burden for

17 States under this Act, the Secretary, in accordance

18 with subsection (b), shall establish procedures and

19 criteria under which a State educational agency, in

20 consultation with the State’s Governor, may submit

21 a consolidated State plan or a consolidated State ap22 plication meeting the requirements of this section

23 for—

24 ‘‘(A) any programs under this Act in which

25 the State participates; and
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1 ‘‘(B) such other programs as the Secretary

2 may designate.

3 ‘‘(2) CONSOLIDATED APPLICATIONS AND

4 PLANS.—A State educational agency, in consultation

5 with the State’s Governor, that submits a consoli6 dated State plan or a consolidated State application

7 under this section shall not be required to submit a

8 separate State plan or application for a program in9 cluded in the consolidated State plan or application.

10 ‘‘(b) COLLABORATION.—

11 ‘‘(1) IN GENERAL.—In establishing criteria and

12 procedures under this section, the Secretary shall

13 collaborate with Governors, State educational agen14 cies and, as appropriate, with other State agencies,

15 local educational agencies, public and private non16 profit agencies, organizations, and institutions, pri17 vate schools, and representatives of parents, stu18 dents, and teachers.

19 ‘‘(2) CONTENTS.—Through the collaborative

20 process described in paragraph (1), the Secretary

21 shall establish, for each program under the Act to

22 which this section applies, the descriptions, informa23 tion, assurances, and other material required to be

24 included in a consolidated State plan or consolidated

25 State application.
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1 ‘‘(3) NECESSARY MATERIALS.—The Secretary

2 shall require only descriptions, information, assur3 ances, and other materials that are absolutely nec4 essary for the consideration of the consolidated State

5 plan or consolidated State application.

6 ‘‘SEC. 8303. CONSOLIDATED REPORTING.

7 ‘‘In order to simplify reporting requirements and re8 duce reporting burdens, the Secretary shall establish pro9 cedures and criteria under which a State educational agen10 cy, in consultation with the State’s Governor, may submit

11 a consolidated State annual report. Such report shall con12 tain information about the programs included in the re13 port, including the State’s performance under those pro14 grams, and other matters as the Secretary determines,

15 such as monitoring activities. Such a report shall take the

16 place of separate individual annual reports for the pro17 grams subject to it.

18 ‘‘SEC. 8304. GENERAL APPLICABILITY OF STATE EDU19 CATIONAL AGENCY ASSURANCES.

20 ‘‘(a) ASSURANCES.—A State educational agency, in

21 consultation with the State’s Governor, that submits a

22 consolidated State plan or consolidated State application

23 under this Act, whether separately or under section 8302,

24 shall have on file with the Secretary a single set of assur-
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1 ances, applicable to each program for which such plan or

2 application is submitted, that provides that—

3 ‘‘(1) each such program will be administered in

4 accordance with all applicable statutes, regulations,

5 program plans, and applications;

6 ‘‘(2)(A) the control of funds provided under

7 each such program and title to property acquired

8 with program funds will be in a public agency, in a

9 nonprofit private agency, institution, or organiza10 tion, or in an Indian tribe if the law authorizing the

11 program provides for assistance to such entities; and

12 ‘‘(B) the public agency, nonprofit private agen13 cy, institution, or organization, or Indian tribe will

14 administer such funds and property to the extent re15 quired by the authorizing law;

16 ‘‘(3) the State will adopt and use proper meth17 ods of administering each such program, including—

18 ‘‘(A) the enforcement of any obligations

19 imposed by law on agencies, institutions, orga20 nizations, and other recipients responsible for

21 carrying out each program;

22 ‘‘(B) the correction of deficiencies in pro23 gram operations that are identified through au24 dits, monitoring, or evaluation; and
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1 ‘‘(C) the adoption of written procedures for

2 the receipt and resolution of complaints alleging

3 violations of law in the administration of such

4 programs;

5 ‘‘(4) the State will cooperate in carrying out

6 any evaluation of each such program conducted by

7 or for the Secretary or other Federal officials;

8 ‘‘(5) the State will use such fiscal control and

9 fund accounting procedures as will ensure proper

10 disbursement of, and accounting for, Federal funds

11 paid to the State under each such program;

12 ‘‘(6) the State will—

13 ‘‘(A) make reports to the Secretary as may

14 be necessary to enable the Secretary to perform

15 the Secretary’s duties under each such pro16 gram; and

17 ‘‘(B) maintain such records, provide such

18 information to the Secretary, and afford access

19 to the records as the Secretary may find nec20 essary to carry out the Secretary’s duties; and

21 ‘‘(7) before the plan or application was sub22 mitted to the Secretary, the State has afforded a

23 reasonable opportunity for public comment on the

24 plan or application and has considered such com25 ment.
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1 ‘‘(b) GEPA PROVISION.—Section 441 of the General

2 Education Provisions Act shall not apply to programs

3 under this Act.

4 ‘‘SEC. 8305. CONSOLIDATED LOCAL PLANS OR APPLICA5 TIONS.

6 ‘‘(a) GENERAL AUTHORITY.—A local educational

7 agency receiving funds under more than one program

8 under this Act may submit plans or applications to the

9 State educational agency under such programs on a con10 solidated basis. The State educational agency shall make

11 any consolidated local plans and applications available to

12 the Governor.

13 ‘‘(b) REQUIRED CONSOLIDATED PLANS OR APPLICA14 TIONS.—A State that has an approved consolidated State

15 plan or application under section 8302 may require local

16 educational agencies in the State receiving funds under

17 more than one program included in the consolidated State

18 plan or consolidated State application to submit consoli19 dated local plans or applications under such programs, but

20 may not require such agencies to submit separate plans.

21 ‘‘(c) COLLABORATION.—A State educational agency,

22 in consultation with the Governor, shall collaborate with

23 local educational agencies in the State in establishing pro24 cedures for the submission of the consolidated State plans

25 or consolidated State applications under this section.
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1 ‘‘(d) NECESSARY MATERIALS.—The State shall re2 quire only descriptions, information, assurances, and other

3 material that are absolutely necessary for the consider4 ation of the local educational agency plan or application.

5 ‘‘SEC. 8306. OTHER GENERAL ASSURANCES.

6 ‘‘(a) ASSURANCES.—Any applicant other than a

7 State that submits a plan or application under this Act,

8 shall have on file with the State a single set of assurances,

9 applicable to each program for which a plan or application

10 is submitted, that provides that—

11 ‘‘(1) each such program will be administered in

12 accordance with all applicable statutes, regulations,

13 program plans, and applications;

14 ‘‘(2)(A) the control of funds provided under

15 each such program and title to property acquired

16 with program funds will be in a public agency or in

17 a nonprofit private agency, institution, organization,

18 or Indian tribe, if the law authorizing the program

19 provides for assistance to such entities; and

20 ‘‘(B) the public agency, nonprofit private agen21 cy, institution, or organization, or Indian tribe will

22 administer such funds and property to the extent re23 quired by the authorizing statutes;
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1 ‘‘(3) the applicant will adopt and use proper

2 methods of administering each such program,

3 including—

4 ‘‘(A) the enforcement of any obligations

5 imposed by law on agencies, institutions, orga6 nizations, and other recipients responsible for

7 carrying out each program; and

8 ‘‘(B) the correction of deficiencies in pro9 gram operations that are identified through au10 dits, monitoring, or evaluation;

11 ‘‘(4) the applicant will cooperate in carrying out

12 any evaluation of each such program conducted by

13 or for the State educational agency, the Secretary or

14 other Federal officials;

15 ‘‘(5) the applicant will use such fiscal control

16 and fund accounting procedures as will ensure prop17 er disbursement of, and accounting for, Federal

18 funds paid to such applicant under each such pro19 gram;

20 ‘‘(6) the applicant will—

21 ‘‘(A) make reports to the Governor and

22 State educational agency and the Secretary as

23 may be necessary to enable such agency and the

24 Secretary to perform their duties under each

25 such program; and
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1 ‘‘(B) maintain such records, provide such

2 information, and afford access to the records as

3 the Governor and State educational agency or

4 the Secretary may find necessary to carry out

5 the State’s or the Secretary’s duties; and

6 ‘‘(7) before the application was submitted, the

7 applicant afforded a reasonable opportunity for pub8 lic comment on the application and has considered

9 such comment.

10 ‘‘(b) GEPA PROVISION.—Section 442 of the General

11 Education Provisions Act shall not apply to programs

12 under this Act.

13 ‘‘PART D—WAIVERS

14 ‘‘SEC. 8401. WAIVERS OF STATUTORY AND REGULATORY RE15 QUIREMENTS.

16 ‘‘(a) IN GENERAL.—Except as provided in subsection

17 (c), the Secretary may waive any statutory or regulatory

18 requirement of this Act or the Carl D. Perkins Vocational

19 and Technical Education Act of 1998 for a State edu20 cational agency, local educational agency, Indian tribe, or

21 school through a local educational agency, that—

22 ‘‘(1) receives funds under a program authorized

23 by this Act; and

24 ‘‘(2) requests a waiver under subsection (b).

25 ‘‘(b) REQUEST FOR WAIVER.—
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1 ‘‘(1) IN GENERAL.—A State educational agen2 cy, local educational agency, or Indian tribe which

3 desires a waiver shall submit a waiver application to

4 the Secretary that—

5 ‘‘(A) indicates each Federal program af6 fected and each statutory or regulatory require7 ment requested to be waived;

8 ‘‘(B) describes the purpose and overall ex9 pected results of waiving each such require10 ment;

11 ‘‘(C) describes, for each school year, spe12 cific, measurable, educational goals for the

13 State educational agency and for each local

14 educational agency, Indian tribe, or school that

15 would be affected by the waiver; and

16 ‘‘(D) explains why the waiver will assist

17 the State educational agency and each affected

18 local educational agency, Indian tribe, or school

19 in reaching such goals.

20 ‘‘(2) ADDITIONAL INFORMATION.—Such

21 requests—

22 ‘‘(A) may provide for waivers of require23 ments applicable to State educational agencies,

24 local educational agencies, Indian tribes, and

25 schools; and
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1 ‘‘(B) shall be developed and submitted—

2 ‘‘(i)(I) by local educational agencies

3 (on behalf of such agencies and schools) to

4 State educational agencies; and

5 ‘‘(II) by State educational agencies

6 (on behalf of, and based upon the requests

7 of, local educational agencies) to the Sec8 retary; or

9 ‘‘(ii) by Indian tribes (on behalf of

10 schools operated by such tribes) to the Sec11 retary.

12 ‘‘(3) GENERAL REQUIREMENTS.—

13 ‘‘(A) In the case of a waiver request sub14 mitted by a State educational agency acting in

15 its own behalf, the State educational agency

16 shall—

17 ‘‘(i) provide all interested local edu18 cational agencies in the State with notice

19 and a reasonable opportunity to comment

20 on the request;

21 ‘‘(ii) submit the comments to the Sec22 retary; and

23 ‘‘(iii) provide notice and information

24 to the public regarding the waiver request

25 in the manner that the applying agency
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1 customarily provides similar notices and

2 information to the public.

3 ‘‘(B) In the case of a waiver request sub4 mitted by a local educational agency that re5 ceives funds under this Act—

6 ‘‘(i) such request shall be reviewed by

7 the State educational agency and be ac8 companied by the comments, if any, of

9 such State educational agency; and

10 ‘‘(ii) notice and information regarding

11 the waiver request shall be provided to the

12 public by the agency requesting the waiver

13 in the manner that such agency custom14 arily provides similar notices and informa15 tion to the public.

16 ‘‘(c) RESTRICTIONS.—The Secretary shall not waive

17 under this section any statutory or regulatory require18 ments relating to—

19 ‘‘(1) the allocation or distribution of funds to

20 States, local educational agencies, or other recipients

21 of funds under this Act;

22 ‘‘(2) maintenance of effort;

23 ‘‘(3) comparability of services;

24 ‘‘(4) use of Federal funds to supplement, not

25 supplant, non-Federal funds;
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1 ‘‘(5) equitable participation of private school

2 students and teachers;

3 ‘‘(6) parental participation and involvement;

4 ‘‘(7) applicable civil rights requirements;

5 ‘‘(8) the requirement for a charter school under

6 part B of title IV; or

7 ‘‘(9) the prohibitions regarding—

8 ‘‘(A) State aid in section 8502;

9 ‘‘(B) use of funds for religious worship or

10 instruction in section 8507; and

11 ‘‘(C) activities in section 8513.

12 ‘‘(d) DURATION AND EXTENSION OF WAIVER.—

13 ‘‘(1) IN GENERAL.—Except as provided in para14 graph (2), the duration of a waiver approved by the

15 Secretary under this section may be for a period not

16 to exceed 5 years.

17 ‘‘(2) EXTENSION.—The Secretary may extend

18 the period described in paragraph (1) if the Sec19 retary determines that—

20 ‘‘(A) the waiver has been effective in ena21 bling the State or affected recipients to carry

22 out the activities for which the waiver was re23 quested and the waiver has contributed to im24 proved student performance; and
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1 ‘‘(B) such extension is in the public inter2 est.

3 ‘‘(e) REPORTS.—

4 ‘‘(1) LOCAL WAIVER.—A local educational agen5 cy that receives a waiver under this section shall at

6 the end of the second year for which a waiver is re7 ceived under this section, and each subsequent year,

8 submit a report to the State educational agency

9 that—

10 ‘‘(A) describes the uses of such waiver by

11 such agency or by schools;

12 ‘‘(B) describes how schools continued to

13 provide assistance to the same populations

14 served by the programs for which waivers are

15 requested; and

16 ‘‘(C) evaluates the progress of such agency

17 and of schools in improving the quality of in18 struction or the academic performance of stu19 dents.

20 ‘‘(2) STATE WAIVER.—A State educational

21 agency that receives reports required under para22 graph (1) shall annually submit a report to the Sec23 retary that is based on such reports and contains

24 such information as the Secretary may require.
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1 ‘‘(3) INDIAN TRIBE WAIVER.—An Indian tribe

2 that receives a waiver under this section shall annu3 ally submit a report to the Secretary that—

4 ‘‘(A) describes the uses of such waiver by

5 schools operated by such tribe; and

6 ‘‘(B) evaluates the progress of such schools

7 in improving the quality of instruction or the

8 academic performance of students.

9 ‘‘(4) REPORT TO CONGRESS.—Beginning in fis10 cal year 2002 and each subsequent year, the Sec11 retary shall submit to the Committee on Education

12 and the Workforce of the House of Representatives

13 and the Committee on Health, Education, Labor

14 and Pensions of the Senate a report—

15 ‘‘(A) summarizing the uses of waivers by

16 State educational agencies, local educational

17 agencies, Indian tribes, and schools; and

18 ‘‘(B) describing whether such waivers—

19 ‘‘(i) increased the quality of instruc20 tion to students; or

21 ‘‘(ii) improved the academic perform22 ance of students.

23 ‘‘(f) TERMINATION OF WAIVERS.—The Secretary

24 shall terminate a waiver under this section if the Secretary

25 determines, after notice and an opportunity for a hearing,
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1 that the performance of the State or other recipient af2 fected by the waiver has been inadequate to justify a con3 tinuation of the waiver or if the waiver is no longer nec4 essary to achieve its original purposes.

5 ‘‘(g) PUBLICATION.—A notice of the Secretary’s deci6 sion to grant each waiver under subsection (a) shall be

7 published in the Federal Register and the Secretary shall

8 provide for the dissemination of such notice to State edu9 cational agencies, interested parties, including educators,

10 parents, students, advocacy and civil rights organizations,

11 and the public.

12 ‘‘PART E—UNIFORM PROVISIONS

13 ‘‘SEC. 8501. MAINTENANCE OF EFFORT.

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

15 receive funds under a covered program for any fiscal year

16 only if the State educational agency finds that either the

17 combined fiscal effort per student or the aggregate ex18 penditures of such agency and the State with respect to

19 the provision of free public education by such agency for

20 the preceding fiscal year was not less than 90 percent of

21 such combined fiscal effort or aggregate expenditures for

22 the second preceding fiscal year.

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

24 ‘‘(1) IN GENERAL.—The State educational

25 agency shall reduce the amount of the allocation of
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1 funds under a covered program in any fiscal year in

2 the exact proportion to which a local educational

3 agency fails to meet the requirement of subsection

4 (a) of this section by falling below 90 percent of

5 both the combined fiscal effort per student and ag6 gregate expenditures (using the measure most favor7 able to such local agency).

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

9 shall be used for computing the effort required

10 under subsection (a) of this section for subsequent

11 years.

12 ‘‘(c) WAIVER.—The Secretary may waive the require13 ments of this section if the Secretary determines that such

14 a waiver would be equitable due to—

15 ‘‘(1) exceptional or uncontrollable circumstances

16 such as a natural disaster; or

17 ‘‘(2) a precipitous decline in the financial re18 sources of the local educational agency.

19 ‘‘SEC. 8502. PROHIBITION REGARDING STATE AID.

20 ‘‘A State shall not take into consideration payments

21 under this Act (other than under title VI) in determining

22 the eligibility of any local educational agency in such State

23 for State aid, or the amount of State aid, with respect

24 to free public education of children.
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1 ‘‘SEC. 8503. PARTICIPATION BY PRIVATE SCHOOL CHIL2 DREN AND TEACHERS.

3 ‘‘(a) PRIVATE SCHOOL PARTICIPATION.—

4 ‘‘(1) IN GENERAL.—Except as otherwise pro5 vided in this Act, to the extent consistent with the

6 number of eligible children in areas served by a

7 State educational agency, local educational agency,

8 educational service agency, consortium of such agen9 cies, or another entity receiving financial assistance

10 under a program specified in subsection (b), who are

11 enrolled in private elementary and secondary schools

12 in areas served by such agency, consortium or entity,

13 such agency, consortium or entity shall, after timely

14 and meaningful consultation with appropriate pri15 vate school officials, provide such children and their

16 teachers or other educational personnel, on an equi17 table basis, special educational services or other ben18 efits that address their needs under such program.

19 ‘‘(2) SECULAR, NEUTRAL, AND NONIDEOLOG20 ICAL SERVICES OR BENEFITS.—Educational services

21 or other benefits, including materials and equipment,

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

23 and nonideological.

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

25 other benefits provided under this section for such

26 private school children, teachers, and other edu-
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1 cational personnel shall be equitable in comparison

2 to services and other benefits for public school chil3 dren, teachers, and other educational personnel par4 ticipating in such program and shall be provided in

5 a timely manner.

6 ‘‘(4) EXPENDITURES.—Expenditures for edu7 cational services and other benefits provided under

8 this section to eligible private school children, their

9 teachers, and other educational personnel serving

10 such children shall be equal, taking into account the

11 number and educational needs of the children to be

12 served, to the expenditures for participating public

13 school children.

14 ‘‘(5) PROVISION OF SERVICES.—Such agency,

15 consortium or entity described in subsection (a)(1)

16 of this section may provide such services directly or

17 through contracts with public and private agencies,

18 organizations, and institutions.

19 ‘‘(b) APPLICABILITY.—

20 ‘‘(1) IN GENERAL.—This section applies to pro21 grams under—

22 ‘‘(A) part B, subpart 1 of title I;

23 ‘‘(B) part C of title I;

24 ‘‘(C) part A of title II;

25 ‘‘(D) part A of title III;
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1 ‘‘(E) part A of title V; and

2 ‘‘(F) part B of title V.

3 ‘‘(2) DEFINITION.—For the purposes of this

4 section, the term ‘eligible children’ means children

5 eligible for services under a program described in

6 paragraph (1).

7 ‘‘(c) CONSULTATION.—

8 ‘‘(1) IN GENERAL.—To ensure timely and

9 meaningful consultation, a State educational agency,

10 local educational agency, educational service agency,

11 consortium of such agencies or entity shall consult

12 with appropriate private school officials during the

13 design and development of the programs under this

14 Act, on issues such as—

15 ‘‘(A) how the children’s needs will be iden16 tified;

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

18 ‘‘(C) how, where, and by whom the services

19 will be provided;

20 ‘‘(D) how the services will be assessed and

21 how the results of the assessment will be used

22 to improve such services;

23 ‘‘(E) the size and scope of the equitable

24 services to be provided to the eligible private

25 school children, teachers, and other educational
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1 personnel and the amount of funds available for

2 such services; and

3 ‘‘(F) how and when the agency, consor4 tium, or entity will make decisions about the

5 delivery of services, including a thorough con6 sideration and analysis of the views of the pri7 vate school officials on the provision of contract

8 services through potential third party providers.

9 ‘‘(2) DISAGREEMENT.—If the agency, consor10 tium or entity disagrees with the views of the private

11 school officials on the provision of services through

12 a contract, the agency, consortium, or entity shall

13 provide in writing to such private school officials an

14 analysis of the reasons why the local educational

15 agency has chosen not to use a contractor.

16 ‘‘(3) TIMING.—Such consultation shall occur

17 before the agency, consortium, or entity makes any

18 decision that affects the opportunities of eligible pri19 vate school children, teachers, and other educational

20 personnel to participate in programs under this Act,

21 and shall continue throughout the implementation

22 and assessment of activities under this section.

23 ‘‘(4) DISCUSSION REQUIRED.—Such consulta24 tion shall include a discussion of service delivery

25 mechanisms that the agency, consortium, or entity
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1 could use to provide equitable services to eligible pri2 vate school children, teachers, administrators, and

3 other staff.

4 ‘‘(d) PUBLIC CONTROL OF FUNDS.—

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

6 to provide services under this section, and title to

7 materials, equipment, and property purchased with

8 such funds, shall be in a public agency for the uses

9 and purposes provided in this Act, and a public

10 agency shall administer such funds and property.

11 ‘‘(2) PROVISION OF SERVICES.—

12 ‘‘(A) The provision of services under this

13 section shall be provided—

14 ‘‘(i) by employees of a public agency;

15 or

16 ‘‘(ii) through contract by such public

17 agency with an individual, association,

18 agency, organization, or other entity.

19 ‘‘(B) In the provision of such services, such

20 employee, person, association, agency, organiza21 tion or other entity shall be independent of such

22 private school and of any religious organization,

23 and such employment or contract shall be under

24 the control and supervision of such public agen25 cy.
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1 ‘‘(C) Funds used to provide services under

2 this section shall not be commingled with non3 Federal funds.

4 ‘‘SEC. 8504. STANDARDS FOR BY-PASS.

5 ‘‘If, by reason of any provision of law, a State edu6 cational agency, local educational agency, educational

7 service agency, consortium, or other entity of such agen8 cies, is prohibited from providing for the participation in

9 programs of children enrolled in, or teachers or other edu10 cational personnel from, private elementary and secondary

11 schools, on an equitable basis, or if the Secretary deter12 mines that such agency consortium or entity has substan13 tially failed or is unwilling to provide for such participa14 tion, as required by section 8503, the Secretary shall—

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

16 such agency, consortium, or entity;

17 ‘‘(2) arrange for the provision of equitable serv18 ices to such children, teachers, or other educational

19 personnel through arrangements that shall be sub20 ject to the requirements of this section and of sec21 tions 8503, 8505, and 8506; and

22 ‘‘(3) in making the determination, consider one

23 or more factors, including the quality, size, scope, lo24 cation of the program and the opportunity of private
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1 school children, teachers, and other educational per2 sonnel to participate.

3 ‘‘SEC. 8505. COMPLAINT PROCESS FOR PARTICIPATION OF

4 PRIVATE SCHOOL CHILDREN.

5 ‘‘(a) PROCEDURES FOR COMPLAINTS.—The Sec6 retary shall develop and implement written procedures for

7 receiving, investigating, and resolving complaints from

8 parents, teachers, or other individuals and organizations

9 concerning violations of section 8503 by a State edu10 cational agency, local educational agency, educational

11 service agency, consortium of such agencies or entity.

12 Such individual or organization shall submit such com13 plaint to the State educational agency for a written resolu14 tion by the State educational agency within a reasonable

15 period of time.

16 ‘‘(b) APPEALS TO SECRETARY.—Such resolution may

17 be appealed by an interested party to the Secretary not

18 later than 30 days after the State educational agency re19 solves the complaint or fails to resolve the complaint with20 in a reasonable period of time. Such appeal shall be ac21 companied by a copy of the State educational agency’s res22 olution, and a complete statement of the reasons sup23 porting the appeal. The Secretary shall investigate and re24 solve each such appeal not later than 120 days after re25 ceipt of the appeal.
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1 ‘‘SEC. 8506. BY-PASS DETERMINATION PROCESS.

2 ‘‘(a) REVIEW.—

3 ‘‘(1) IN GENERAL.—

4 ‘‘(A) The Secretary shall not take any final

5 action under section 8504 until the State edu6 cational agency, local educational agency, edu7 cational service agency, consortium of such

8 agencies or entity affected by such action has

9 had an opportunity, for not less than 45 days

10 after receiving written notice thereof, to submit

11 written objections and to appear before the Sec12 retary to show cause why that action should not

13 be taken.

14 ‘‘(B) Pending final resolution of any inves15 tigation or complaint that could result in a de16 termination under this section, the Secretary

17 may withhold from the allocation of the affected

18 State or local educational agency the amount

19 estimated by the Secretary to be necessary to

20 pay the cost of those services.

21 ‘‘(2) PETITION FOR REVIEW.—

22 ‘‘(A) If such affected agency consortium or

23 entity is dissatisfied with the Secretary’s final

24 action after a proceeding under paragraph (1),

25 such agency consortium or entity may, within

26 60 days after notice of such action, file with the
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1 United States court of appeals for the circuit in

2 which such State is located a petition for review

3 of that action.

4 ‘‘(B) A copy of the petition shall be forth5 with transmitted by the clerk of the court to the

6 Secretary.

7 ‘‘(C) The Secretary upon receipt of the

8 copy of the petition shall file in the court the

9 record of the proceedings on which the Sec10 retary based this action, as provided in section

11 2112 of title 28, United States Code.

12 ‘‘(3) FINDINGS OF FACT.—

13 ‘‘(A) The findings of fact by the Secretary,

14 if supported by substantial evidence, shall be

15 conclusive, but the court, for good cause shown,

16 may remand the case to the Secretary to take

17 further evidence and the Secretary may then

18 make new or modified findings of fact and may

19 modify the Secretary’s previous action, and

20 shall file in the court the record of the further

21 proceedings.

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

23 shall likewise be conclusive if supported by sub24 stantial evidence.

25 ‘‘(4) JURISDICTION.—
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1 ‘‘(A) Upon the filing of such petition, the

2 court shall have jurisdiction to affirm the action

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

4 whole or in part.

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

6 subject to review by the Supreme Court of the

7 United States upon certiorari or certification as

8 provided in section 1254 of title 28, United

9 States Code.

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

11 Secretary under this section shall continue in effect until

12 the Secretary determines, in consultation with such agen13 cy, consortium or entity and representatives of the af14 fected private school children, teachers, or other edu15 cational personnel that there will no longer be any failure

16 or inability on the part of such agency or consortium to

17 meet the applicable requirements of section 8503 or any

18 other provision of this Act.

19 ‘‘(c) PAYMENT FROM STATE ALLOTMENT.—When

20 the Secretary arranges for services pursuant to this sec21 tion, the Secretary shall, after consultation with the ap22 propriate public and private school officials, pay the cost

23 of such services, including the administrative costs of ar24 ranging for those services, from the appropriate allocation

25 or allocations under this Act.
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1 ‘‘(d) PRIOR DETERMINATION.—Any by-pass deter2 mination by the Secretary under this Act as in effect on

3 the day preceding the date of enactment of the No Child

4 Left Behind Act of 2001 shall remain in effect to the ex5 tent the Secretary determines that such determination is

6 consistent with the purpose of this section.

7 ‘‘SEC. 8507. PROHIBITION AGAINST FUNDS FOR RELIGIOUS

8 WORSHIP OR INSTRUCTION.

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

10 authorize the making of any payment under this Act for

11 religious worship or instruction.

12 ‘‘SEC. 8508. APPLICABILITY.

13 ‘‘Nothing in this Act shall be construed to affect

14 home schools, whether or not a home school is treated as

15 a home school or a private school under State law (con16 sistent with section 8509), nor shall any home schooled

17 student be required to participate in any assessment ref18 erenced in this Act.

19 ‘‘SEC. 8509. PRIVATE SCHOOLS.

20 ‘‘Nothing in this Act shall be construed to affect any

21 private school that does not receive funds or services under

22 this Act nor shall any student who attends a private school

23 that does not receive funds or services under this Act be

24 required to participate in any assessment referenced in

25 this Act.
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1 ‘‘SEC. 8510. PRIVACY OF ASSESSMENT RESULTS.

2 ‘‘Any results from individual assessments referenced

3 in this Act which become part of the education records

4 of the student shall have the protections as provided in

5 section 444 of the General Education Provisions Act.

6 ‘‘SEC. 8511. GENERAL PROVISION REGARDING NON7 RECIPIENT NONPUBLIC SCHOOLS.

8 ‘‘Nothing in this Act, or any other Act administered

9 by the Department, shall be construed to permit, allow,

10 encourage, or authorize any Federal control over any as11 pect of any private, religious, or home school, whether or

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

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

14 to bar private, religious, or home schools from participa15 tion in programs or services under this Act.

16 ‘‘SEC. 8512. SCHOOL PRAYER.

17 ‘‘As a condition for receipt of funds under this Act,

18 a local educational agency shall certify in writing to the

19 Secretary that no policy of the agency prevents or other20 wise denies participation in constitutionally protected

21 prayer in public schools.

22 ‘‘SEC. 8513. GENERAL PROHIBITIONS.

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

24 under this Act shall be used—

25 ‘‘(1) to develop or distribute materials, or oper26 ate programs or courses of instruction directed at
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1 youth that are designed to promote or encourage,

2 sexual activity, whether homosexual or heterosexual;

3 ‘‘(2) to distribute or to aid in the distribution

4 by any organization of legally obscene materials to

5 minors on school grounds;

6 ‘‘(3) to provide sex education or HIV preven7 tion education in schools unless such instruction is

8 age appropriate and emphasizes the health benefits

9 of abstinence; or

10 ‘‘(4) to operate a program of contraceptive dis11 tribution in schools.

12 ‘‘(b) LOCAL CONTROL.—Nothing in this section shall

13 be construed to—

14 ‘‘(1) authorize an officer or employee of the

15 Federal Government to direct, review, or control a

16 State, local educational agency, or schools’ instruc17 tional content, curriculum, and related activities;

18 ‘‘(2) limit the application of the General Edu19 cation Provisions Act (20 U.S.C.A. 1221 et seq.);

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

21 medically false or inaccurate materials or to prohibit

22 the distribution of scientifically or medically true or

23 accurate materials; or

24 ‘‘(4) create any legally enforceable right.
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1 ‘‘SEC. 8514. PROHIBITION ON FEDERAL MANDATES, DIREC2 TION, AND CONTROL.

3 ‘‘(a) GENERAL PROHIBITION.—Officers and employ4 ees of the Federal Government are prohibited from man5 dating, directing, or controlling a State, local educational

6 agency, or school’s curriculum, program of instruction, or

7 allocation of State or local resources, or mandating a State

8 or any subdivision thereof to spend any funds or incur

9 any costs not paid for under this Act.

10 ‘‘(b) PROHIBITION OF FEDERAL MANDATES, DIREC11 TION, OR CONTROL.—Nothing in this Act shall be con12 strued to authorize an officer or employee of the Federal

13 Government to mandate, direct, or control a State, local

14 educational agency, or school’s specific instructional con15 tent or academic achievement standards and assessments,

16 curriculum, or program of instruction as a condition of

17 eligibility to receive funds under this Act.

18 ‘‘(c) EQUALIZED SPENDING.—Nothing in this Act

19 shall be construed to mandate equalized spending per

20 pupil for a State, local educational agency, or school.

21 ‘‘(d) BUILDING STANDARDS.—Nothing in this Act

22 shall be construed to mandate national school building

23 standards for a State, local agency, or school.

24 ‘‘SEC. 8515. RULEMAKING.

25 ‘‘The Secretary shall issue regulations under this Act

26 only to the extent that such regulations are necessary to
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1 ensure that there is compliance with the specific require2 ments and assurances required by this Act.

3 ‘‘SEC. 8516. REPORT ON DEPARTMENT AUDITS.

4 ‘‘The Secretary shall report to the Congress not later

5 than 180 days after the date of enactment of the No Child

6 Left Behind Act of 2001 regarding how the Secretary

7 shall ensure that audits conducted by Department employ8 ees of activities assisted under this Act comply with

9 changes to this Act made by the No Child Left Behind

10 Act of 2001, particularly with respect to permitting chil11 dren with similar educational needs to be served in the

12 same educational settings, where appropriate.

13 ‘‘SEC. 8517. STUDY OF TESTING.

14 ‘‘(a) IN GENERAL.—The Secretary shall provide for

15 a study of the effects of testing on students in elementary

16 and secondary schools. Such study may include—

17 ‘‘(1) overall improvement or decline in what

18 students are learning based on independent meas19 ures;

20 ‘‘(2) changes in course offerings, teaching prac21 tices, course content, and instructional material;

22 ‘‘(3) changes in rates of teacher and adminis23 trator turnover;

24 ‘‘(4) changes in dropout, grade retention and

25 graduation rates for students;
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1 ‘‘(5) costs of preparing for, conducting and

2 grading the assessments in terms of dollars ex3 pended by the school district and time expended by

4 students and teachers; and

5 ‘‘(6) such other effects as the Secretary may

6 deem appropriate.

7 ‘‘(b) REPORT.—Not later than 2 years after the date

8 of enactment of the No Child Left Behind Act of 2001,

9 the Secretary shall transmit to the Committee on Edu10 cation and the Workforce of the House of Representatives

11 and the Committee on Health, Education, Labor and Pen12 sions of the Senate a report on the study conducted under

13 subsection (a).

14 ‘‘(c) SUBSEQUENT CONGRESSIONAL CONSIDER15 ATION.—After receipt of the report described in subsection

16 (b), Congress may consider whether it is appropriate to

17 enact legislation to mitigate any negative effects on stu18 dents in elementary or secondary schools caused by test19 ing.

20 ‘‘SEC. 8518. REQUIRED APPROVAL OR CERTIFICATION PRO21 HIBITED.

22 ‘‘(a) IN GENERAL.—Notwithstanding any other pro23 vision of Federal law, no State shall be required to have

24 academic content standards or student academic achieve-
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1 ment standards approved or certified by the Federal Gov2 ernment, in order to receive assistance under this Act.

3 ‘‘(b) CONSTRUCTION.—Nothing in this section shall

4 be construed to affect requirements under title I of this

5 Act.

6 ‘‘SEC. 8519. PROHIBITION ON ENDORSEMENT OF CUR7 RICULUM.

8 ‘‘Notwithstanding any other prohibition of Federal

9 law, no funds provided to the Department of Education

10 or to any applicable program may be used by the Depart11 ment to endorse, approve, or sanction any curriculum de12 signed to be used in an elementary or secondary school.

13 ‘‘SEC. 8520. RULE OF CONSTRUCTION ON PERSONALLY

14 IDENTIFIABLE INFORMATION.

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

16 development of a national database of personally identifi17 able information on individuals involved in studies or in

18 data collection efforts under this Act.

19 ‘‘SEC. 8521. ARMED SERVICES RECRUITING.

20 ‘‘Any secondary school that receives Federal funds

21 under this Act shall permit regular United States Armed

22 Services recruitment activities on school grounds, in a

23 manner reasonably accessible to all students of such

24 school.
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1 ‘‘SEC. 8522. SEVERABILITY.

2 ‘‘If any provision of this Act is held invalid, the re3 mainder of this Act shall be unaffected thereby.

4 ‘‘SEC. 8523. ENCOURAGE EDUCATION SAVINGS.

5 ‘‘To the extent practicable, the Secretary shall pro6 mote education savings accounts in States that have quali7 fied State tuition programs (as defined in section 529 of

8 the Internal Revenue Code of 1986).

9 ‘‘SEC. 8524. SENSE OF CONGRESS; REQUIREMENT REGARD10 ING NOTICE; USE OF AMERICAN-MADE STEEL.

11 ‘‘(a) PURCHASE OF AMERICAN-MADE EQUIPMENT

12 AND PRODUCTS.—In the case of any equipment or prod13 ucts that may be authorized to be purchased with financial

14 assistance provided under this Act, it is the sense of the

15 Congress that entities receiving such assistance should, in

16 expending the assistance, purchase only American-made

17 equipment and products.

18 ‘‘(b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In

19 providing financial assistance under this Act, the head of

20 each Federal agency shall provide to each recipient of the

21 assistance a notice describing the statement made in sub22 section (a) by the Congress.

23 ‘‘(c) USE OF AMERICAN-MADE STEEL.—A school

24 system receiving financial assistance under this Act for

25 construction shall use American-made steel for such con-
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1 struction and shall comply with the requirements of the

2 Buy American Act.

3 ‘‘PART F—SENSE OF CONGRESS

4 ‘‘SEC. 8601. PAPERWORK REDUCTION.

5 ‘‘(a) FINDINGS.—The Congress finds that—

6 ‘‘(1) instruction and other classroom activities

7 provide the greatest opportunity for students, espe8 cially at-risk and disadvantaged students, to attain

9 high standards and achieve academic success;

10 ‘‘(2) one of the greatest obstacles to estab11 lishing an effective, classroom-centered education

12 system is the cost of paperwork compliance;

13 ‘‘(3) paperwork places a burden on teachers

14 and administrators who must complete Federal and

15 State forms to apply for Federal funds and absorbs

16 time and money which otherwise would be spent on

17 students;

18 ‘‘(4) the Education at a Crossroads Report re19 leased in 1998 by the Education Subcommittee on

20 Oversight and Investigations states that require21 ments by the Department of Education result in

22 more than 48,600,000 hours of paperwork per year;

23 and

24 ‘‘(5) paperwork distracts from the mission of

25 schools, encumbers teachers, and administrators
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1 with nonacademic responsibilities, and competes with

2 teaching and classroom activities which promote

3 learning and achievement.

4 ‘‘(b) SENSE OF CONGRESS.—It is the sense of Con5 gress that Federal and State educational agencies should

6 reduce the paperwork requirements placed on schools,

7 teachers, principles, and other administrators.

8 ‘‘SEC. 8602. PROHIBITION ON MANDATORY NATIONAL CER9 TIFICATION OF TEACHERS AND PARA10 PROFESSIONALS.

11 ‘‘(a) PROHIBITION ON MANDATORY TESTING OR

12 CERTIFICATION.—Notwithstanding any other provision of

13 law, the Secretary is prohibited from using Federal funds

14 to plan, develop, implement, or administer any mandatory

15 national teacher or paraprofessional test or certification.

16 ‘‘(b) PROHIBITION ON WITHHOLDING FUNDS.—The

17 Secretary is prohibited from withholding funds from any

18 State or local educational agency if such State or local

19 educational agency fails to adopt a specific method of

20 teacher or paraprofessional certification.

21 ‘‘SEC. 8603. PROHIBITION ON FEDERALLY SPONSORED

22 TESTING.

23 ‘‘Notwithstanding any other provision of Federal law,

24 no funds provided under this Act to the Secretary or to

25 the recipient of any award may be used to develop, pilot
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1 test, field test, implement, administer, or distribute any

2 federally sponsored national test in reading, mathematics,

3 or any other subject, unless specifically and explicitly au4 thorized by law.

5 ‘‘SEC. 8604. SENSE OF CONGRESS REGARDING MEMORIALS.

6 ‘‘It is the sense of Congress that—

7 ‘‘(1) the saying of a prayer, the reading of a

8 scripture, or the performance of religious music, as

9 part of a memorial service that is held on the cam10 pus of a public elementary or secondary school in

11 order to honor the memory of any person slain on

12 that campus is not objectionable under this Act; and

13 ‘‘(2) the design and construction of any memo14 rial which includes religious symbols, motifs, or

15 sayings that is placed on the campus of a public ele16 mentary or secondary school in order to honor the

17 memory of any person slain on that campus is not

18 objectionable under this Act.

19 ‘‘SEC. 8605. EFFECTIVE USE OF FEDERAL ELEMENTARY

20 AND SECONDARY EDUCATION FUNDS.

21 ‘‘It is the sense of the Congress that the Secretary,

22 State educational agencies, and local educational agencies

23 should work together to ensure that not less than 95 per24 cent of all funds appropriated to carry out elementary and

25 secondary education programs under this Act is spent di-
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1 rectly to improve the academic achievement of the Na2 tion’s children in their classrooms.

3 ‘‘PART G—EVALUATIONS

4 ‘‘SEC. 8651. EVALUATIONS.

5 ‘‘(a) RESERVATION OF FUNDS.—Except as provided

6 in subsections (b) and (c), the Secretary may reserve not

7 more than 0.5 percent of the amount appropriated to

8 carry out each categorical program and demonstration

9 project authorized under this Act—

10 ‘‘(1) to conduct—

11 ‘‘(A) comprehensive evaluations of the pro12 gram or project; and

13 ‘‘(B) studies of the effectiveness of the pro14 grams or project and its administrative impact

15 on schools and local educational agencies;

16 ‘‘(2) to evaluate the aggregate short- and long17 term effects and cost efficiencies across Federal pro18 grams assisted or authorized under this Act and re19 lated Federal preschool, elementary and secondary

20 programs under any other Federal law; and

21 ‘‘(3) to increase the usefulness of evaluations of

22 grant recipients in order to ensure the continuous

23 progress of the program or project by improving the

24 quality, timeliness, efficiency, and utilization of in-
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1 formation relating to performance under the pro2 gram or project.

3 ‘‘(b) TITLE I EXCLUDED.—The Secretary may not

4 reserve under subsection (a) funds appropriated to carry

5 out any program authorized under title I.

6 ‘‘(c) EVALUATION ACTIVITIES AUTHORIZED ELSE7 WHERE.—If, under any other provision of this Act (other

8 than title I), funds are authorized to be reserved or used

9 for evaluation activities with respect to a program or

10 project, the Secretary may not reserve additional funds

11 under this section for the evaluation of such program or

12 project.’’.

13 SEC. 802. COMPREHENSIVE REGIONAL ASSISTANCE CEN14 TERS.

15 (a) IN GENERAL.—Part A of title XIII (20 U.S.C.

16 8621 et seq.)—

17 (1) is transferred to the end of title VIII, as

18 amended by section 801; and

19 (2) is redesignated as part H.

20 (b) REDESIGNATION OF SECTIONS.—Sections 13101

21 through 13105 are redesignated as sections 8701 through

22 8705, respectively.

23 (c) CONFORMING AMENDMENTS.—

24 (1) REQUIREMENTS.—Section 8702(a) (as re25 designated by subsection (b)) is amended—
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1 (A) by striking ‘‘section 13101(a)’’ and in2 serting ‘‘section 8701(a)’’; and

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

4 13201’’ and inserting ‘‘section 8751’’.

5 (2) MAINTENANCE OF SERVICE.—Section

6 8703(b) (as redesignated by subsection (b)) is

7 amended—

8 (A) in paragraph (1), by striking ‘‘section

9 13102’’ and inserting ‘‘section 8702’’; and

10 (B) in paragraph (2)—

11 (i) by striking ‘‘section 13201’’ and

12 inserting ‘‘section 8751’’; and

13 (ii) by striking ‘‘section 13401’’ and

14 inserting ‘‘section 8851’’.

15 (3) TRANSITION.—Section 8704(b)(1) (as re16 designated by subsection (b)) is amended by striking

17 ‘‘section 13105’’ and inserting ‘‘section 8705’’.

18 SEC. 803. NATIONAL DIFFUSION NETWORK.

19 (a) IN GENERAL.—Part B of title XIII (20 U.S.C.

20 8651 et seq.)—

21 (1) is transferred to the end of title VIII, as

22 amended by section 802; and

23 (2) is redesignated as part I.
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1 (b) REDESIGNATION OF SECTIONS.—Sections 13201

2 and 13202 are redesignated as sections 8751 and 8752,

3 respectively.

4 (c) CONFORMING AMENDMENT.—Section 8751 (as

5 redesignated by subsection (b)) is amended—

6 (1) in subsection (e)(3), by striking ‘‘under part

7 C’’ through the end thereof and inserting ‘‘under

8 part F; and’’; and

9 (2) in subsection (f)(4), by striking ‘‘section

10 13401’’ and inserting ‘‘section 8851’’.

11 SEC. 804. EISENHOWER REGIONAL MATHEMATICS AND

12 SCIENCE EDUCATION CONSORTIA.

13 (a) IN GENERAL.—Part C of title XIII (20 U.S.C.

14 8671 et seq.)—

15 (1) is transferred to the end of title VIII, as

16 amended by section 803; and

17 (2) is redesignated as part J.

18 (b) REDESIGNATION OF SECTIONS.—Sections 13301

19 through 13308 are redesignated as sections 8801 through

20 8808, respectively.

21 (c) CONFORMING AMENDMENTS.—

22 (1) GRANT AUTHORIZATION.—Section

23 8801(a)(3) (as redesignated by subsection (b)) is

24 amended by striking ‘‘section 13308’’ and inserting

25 ‘‘section 8808’’.
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1 (2) USE OF FUNDS.—Section 8802 (as redesig2 nated by subsection (b)) is amended—

3 (A) by striking ‘‘section 13304’’ and in4 serting ‘‘section 8804’’;

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

6 ‘‘13301(a)(1)’’ and inserting ‘‘8801(a)(1)’’; and

7 (C) in paragraph (3), by striking

8 ‘‘13301(a)(1)’’ and inserting ‘‘8801(a)(1)’’.

9 (3) PAYMENTS.—Section 8805 (as redesignated

10 by subsection (b)) is amended in each of subsections

11 (a) and (c) by striking ‘‘section 13303’’ and insert12 ing ‘‘section 8803’’.

13 (4) EVALUATION.—Section 8806(a) (as redesig14 nated by subsection (b)) is amended by striking

15 ‘‘section 14701’’ and inserting ‘‘section 8651’’.

16 (5) DEFINITIONS.—Section 8807(4) (as redes17 ignated by subsection (b)) is amended by striking

18 ‘‘section 13301’’ and inserting ‘‘section 8801’’.

19 SEC. 805. TECHNOLOGY-BASED TECHNICAL ASSISTANCE.

20 (a) IN GENERAL.—Part D of title XIII (20 U.S.C.

21 8701)—

22 (1) is transferred to the end of title VIII, as

23 amended by section 804; and

24 (2) is redesignated as part K.
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1 (b) REDESIGNATION OF SECTION.—Section 13401 is

2 redesignated as section 8851.

3 SEC. 806. REGIONAL TECHNICAL SUPPORT AND PROFES4 SIONAL DEVELOPMENT.

5 (a) IN GENERAL.—Subpart 3 of part A of title III

6 (20 U.S.C. 6861 et seq.)—

7 (1) is transferred to the end of title VIII, as

8 amended by section 805; and

9 (2) is redesignated as part L.

10 (b) REDESIGNATION OF SECTION.—Section 3141 is

11 redesignated as section 8901.

12 (c) CONFORMING AMENDMENT.—Section 8901 (as

13 redesignated by subsection (b)) is amended by striking

14 ‘‘part C of title XIII’’ and inserting ‘‘part J’’.

15 TITLE IX—MISCELLANEOUS

16 PROVISIONS

17 PART A—AMENDMENTS TO OTHER ACTS

18 Subpart 1—National Education Statistics Act

19 SEC. 901. AMENDMENT TO NESA.

20 Section 411 of the National Education Statistics Act

21 of 1994 (20 U.S.C. 9010) is amended—

22 (1) by amending subsection (b)(2) to read as

23 follows:

24 ‘‘(2) STATE ASSESSMENTS.—(A) The Commis25 sioner, in carrying out the National Assessment—
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1 ‘‘(i) may conduct State assessments of stu2 dent achievement in grades 4, 8, and 12; and

3 ‘‘(ii) shall conduct annual State assess4 ments of student achievement in reading and

5 mathematics in grades 4 and 8 in order for

6 States to carry out section 1111(c)(2) of the

7 Elementary and Secondary Education Act of

8 1965.

9 ‘‘(B)(i) Except as provided in clause (ii), a par10 ticipating State shall review and give permission for

11 the release of results from any test of its students

12 administered as a part of a State assessment prior

13 to the release of the data. Refusal by a State to re14 lease its data shall not restrict the release of data

15 from other States that have approved the release of

16 that data.

17 ‘‘(ii) A State participating in the annual State

18 assessments of its students in reading and mathe19 matics in grades 4 and 8 shall be deemed to have

20 given its permission to release its data if it has an

21 approved plan under section 1111 of the Elementary

22 and Secondary Education Act of 1965.’’; and

23 (2) by amending subsection (d) to read as fol24 lows:

25 ‘‘(d) PARTICIPATION.—
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1 ‘‘(1) NATIONAL AND REGIONAL PARTICIPA2 TION.—Participation in the national and regional as3 sessments by State and local educational agencies

4 shall be voluntary.

5 ‘‘(2) STATE PARTICIPATION.—Participation in

6 assessments made on a State basis shall be vol7 untary.’’.

8 Subpart 2—Homeless Education

9 SEC. 911. SHORT TITLE.

10 This subpart may be cited as the ‘‘McKinney-Vento

11 Homeless Education Assistance Improvements Act of

12 2001’’.

13 SEC. 912. FINDINGS.

14 Congress makes the following findings:

15 (1) An estimated 1,000,000 children in the

16 United States will experience homelessness in 2001.

17 (2) Homelessness has a devastating impact on

18 the educational opportunities of children and youth.

19 Homeless children go hungry at more than twice the

20 rate of other children, have four times the rate of

21 delayed development, and are twice as likely to re22 peat a grade.

23 (3) Despite steady progress in school enroll24 ment and attendance resulting from the passage in

25 1987 of the Stewart B. McKinney Homeless Assist-
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1 ance Act (42 U.S.C. 11301 et seq.), homeless stu2 dents still face numerous barriers to education, in3 cluding residency, guardianship and registration re4 quirements, delays in the transfer of school records,

5 and inadequate transportation service.

6 (4) School is one of the few secure factors in

7 the lives of homeless children and youth, providing

8 stability, structure, and accomplishment during a

9 time of great upheaval.

10 (5) Homeless children and youth require edu11 cational stability and the opportunity to maintain

12 regular and consistent attendance in school, so that

13 they acquire the skills necessary to escape poverty

14 and lead productive, healthy lives as adults.

15 (6) In the 14 years since the passage of the

16 Stewart B. McKinney Homeless Assistance Act (42

17 U.S.C. 11301 et seq.), educators and service pro18 viders have learned much about policies and prac19 tices which help remove the barriers described.

20 SEC. 913. PURPOSE.

21 The purpose of this subpart is to strengthen subtitle

22 B of title VII of Public Law 100–77 (42 U.S.C. 11431

23 et seq.) by amending it—
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1 (1) to include innovative practices, proven to be

2 effective in helping homeless children and youth en3 roll, attend, and succeed in school; and

4 (2) to help ensure that all children and youth

5 impacted by the loss of fixed, regular, and adequate

6 housing receive a quality education and secure their

7 chance for a brighter future.

8 SEC. 914. EDUCATION FOR HOMELESS CHILDREN AND

9 YOUTH.

10 Subtitle B of title VII of Public Law 100–77 (42

11 U.S.C. 11431 et seq.) is amended to read as follows:

12 ‘‘Subtitle B—Education for

13 Homeless Children and Youth

14 ‘‘SEC. 721. STATEMENT OF POLICY.

15 ‘‘It is the policy of the Congress that—

16 ‘‘(1) each State educational agency ensure that

17 each child of a homeless individual and each home18 less youth has equal access to the same free, public

19 education, including a public preschool education, as

20 provided to other children and youth;

21 ‘‘(2) in any State that has a compulsory resi22 dency requirement as a component of the State’s

23 compulsory school attendance laws or other laws,

24 regulations, practices, or policies that may act as a

25 barrier to the enrollment, attendance, or success in
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1 school of homeless children and youth, the State re2 view and undertake steps to revise such laws, regula3 tions, practices, or policies to ensure that homeless

4 children and youth are afforded the same free, pub5 lic education as provided to other children and

6 youth;

7 ‘‘(3) homelessness alone is not sufficient reason

8 to separate students from the mainstream school en9 vironment; and

10 ‘‘(4) homeless children and youth must have ac11 cess to the education and other services that such

12 children and youth need to ensure that such children

13 and youth have an opportunity to meet the same

14 challenging State student academic achievement

15 standards to which all students are held.

16 ‘‘SEC. 722. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR

17 THE EDUCATION OF HOMELESS CHILDREN

18 AND YOUTH.

19 ‘‘(a) GENERAL AUTHORITY.—The Secretary is au20 thorized to make grants to States in accordance with the

21 provisions of this section to enable such States to carry

22 out the activities described in subsections (d), (e), (f), and

23 (g).

24 ‘‘(b) APPLICATION.—No State may receive a grant

25 under this section unless the State educational agency
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1 submits an application to the Secretary at such time, in

2 such manner, and containing or accompanied by such in3 formation as the Secretary may reasonably require.

4 ‘‘(c) ALLOCATION AND RESERVATIONS.—

5 ‘‘(1) IN GENERAL.—Subject to paragraph (2)

6 and section 724(d), from the amounts appropriated

7 for each fiscal year under section 726, the Secretary

8 is authorized to allot to each State an amount that

9 bears the same ratio to the amount appropriated for

10 such year under section 726 as the amount allocated

11 under section 1122 of the Elementary and Sec12 ondary Education Act of 1965 to the State for that

13 year bears to the total amount allocated under sec14 tion 1122 of such Act to all States for that year, ex15 cept that no State shall receive less than $125,000

or 1 16 ⁄2 of 1 percent of the amount appropriated under

17 section 726, whichever is greater.

18 ‘‘(2) RESERVATION.—(A) The Secretary is au19 thorized to reserve 0.1 percent of the amount appro20 priated for each fiscal year under section 726 to be

21 allocated by the Secretary among the United States

22 Virgin Islands, Guam, American Samoa, and the

23 Commonwealth of the Northern Mariana Islands, ac24 cording to their respective need for assistance under

25 this subtitle, as determined by the Secretary.
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1 ‘‘(B)(i) The Secretary shall transfer 1 percent

2 of the amount appropriated for each fiscal year

3 under section 726 to the Department of the Interior

4 for programs for Indian students served by schools

5 funded by the Secretary of the Interior, as deter6 mined under the Indian Self-Determination and

7 Education Assistance Act (25 U.S.C. 450 et seq.),

8 that are consistent with the purposes of this Act.

9 ‘‘(ii) The Secretary and the Secretary of the In10 terior shall enter into an agreement, consistent with

11 the requirements of this part, for the distribution

12 and use of the funds described in clause (i) under

13 terms that the Secretary determines best meet the

14 purposes of the programs described in such clause.

15 Such agreement shall set forth the plans of the Sec16 retary of the Interior for the use of the amounts

17 transferred, including appropriate goals, objectives,

18 and milestones.

19 ‘‘(3) STATE DEFINED.—As used in this sub20 section, the term ‘State’ shall not include the United

21 States Virgin Islands, Guam, American Samoa, and

22 the Commonwealth of the Northern Mariana Is23 lands.

24 ‘‘(d) ACTIVITIES.—Grants under this section shall be

25 used—
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1 ‘‘(1) to carry out the policies set forth in sec2 tion 721 in the State;

3 ‘‘(2) to provide activities for, and services to,

4 homeless children, including preschool-aged homeless

5 children, and youth that enable such children and

6 youth to enroll in, attend, and succeed in school, or,

7 if appropriate, in preschool programs;

8 ‘‘(3) to establish or designate an Office of Coor9 dinator of Education of Homeless Children and

10 Youth in the State educational agency in accordance

11 with subsection (f);

12 ‘‘(4) to prepare and carry out the State plan

13 described in subsection (g); and

14 ‘‘(5) to develop and implement professional de15 velopment programs for school personnel to heighten

16 their awareness of, and capacity to respond to, spe17 cific problems in the education of homeless children

18 and youth.

19 ‘‘(e) STATE AND LOCAL GRANTS.—

20 ‘‘(1) MINIMUM DISBURSEMENTS BY STATES.—

21 From the sums made available each year to carry

22 out this subtitle, the State educational agency shall

23 distribute not less than 75 percent in grants to local

24 educational agencies for the purposes of carrying out

25 section 723, except that States funded at the min-
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1 imum level set forth in subsection (c)(1) shall dis2 tribute not less than 50 percent in grants to local

3 educational agencies for the purposes of carrying out

4 section 723.

5 ‘‘(2) USE BY STATE EDUCATIONAL AGENCY.—

6 A State educational agency may use funds made

7 available for State use under this subtitle to conduct

8 activities under subsection (f) directly or through

9 grants.

10 ‘‘(3) PROHIBITION ON SEGREGATING HOMELESS

11 STUDENTS.—

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

13 subparagraph (B) and section 723(a)(2)(B)(ii),

14 in providing a free public education to a home15 less child or youth, no State receiving funds

16 under this subtitle shall segregate such child or

17 youth, either in a separate school or in a sepa18 rate program within a school, based solely on

19 such child’s or youth’s status as homeless.

20 ‘‘(B) EXCEPTION.—A State that operates

21 a separate school for homeless children as of

22 the day preceding the date of enactment of the

23 McKinney-Vento Homeless Education Assist24 ance Improvements Act of 2001—
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1 ‘‘(i) shall remain eligible to receive,

2 and to distribute to local educational agen3 cies, funds under this subtitle for such

4 school; and

5 ‘‘(ii) shall not distribute to local edu6 cational agencies in the State any funds

7 received under this subtitle for use by any

8 such schools not in operation as of such

9 date of enactment.

10 ‘‘(f) FUNCTIONS OF THE OFFICE OF COORDI11 NATOR.—The Coordinator of Education of Homeless Chil12 dren and Youth established in each State shall—

13 ‘‘(1) gather, to the extent possible, reliable,

14 valid, and comprehensive information on the nature

15 and extent of the problems homeless children and

16 youth have in gaining access to public preschool pro17 grams and to public elementary and secondary

18 schools, the difficulties in identifying the special

19 needs of such children and youth, any progress made

20 by the State educational agency and local edu21 cational agencies in the State in addressing such

22 problems and difficulties, and the success of the pro23 gram under this subtitle in assisting homeless chil24 dren and youth to enroll in, attend, and succeed in,

25 school;
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1 ‘‘(2) develop and carry out the State plan de2 scribed in subsection (g);

3 ‘‘(3) collect and transmit to the Secretary infor4 mation gathered pursuant to paragraphs (1) and (2)

5 at such time and in such manner as the Secretary

6 may require;

7 ‘‘(4) facilitate coordination between the State

8 educational agency, the State social services agency,

9 and other agencies providing services to homeless

10 children and youth, including homeless children, in11 cluding preschool-aged homeless children, and youth,

12 and families of such children and youth;

13 ‘‘(5) in order to improve the provision of com14 prehensive education and related services to home15 less children and youth and their families, coordinate

16 and collaborate with—

17 ‘‘(A) educators, including child develop18 ment and preschool program personnel;

19 ‘‘(B) State and local providers of services

20 to homeless and runaway children and youth

21 and homeless families (including domestic vio22 lence agencies, shelter operators, transitional

23 housing facilities, runaway and homeless youth

24 centers, and transitional living programs for

25 homeless youth);
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1 ‘‘(C) local educational agency liaisons for

2 homeless children and youth; and

3 ‘‘(D) State and local community organiza4 tions and groups representing homeless children

5 and youth and their families; and

6 ‘‘(6) provide technical assistance to local edu7 cational agencies, in coordination with local liaisons

8 designated under subsection (g)(1)(J)(ii), to ensure

9 that local educational agencies comply with the re10 quirements of paragraphs (3) through (7) of sub11 section (g).

12 ‘‘(g) STATE PLAN.—

13 ‘‘(1) IN GENERAL.—Each State shall submit to

14 the Secretary a plan to provide for the education of

15 homeless children and youth within the State, which

16 plan shall—

17 ‘‘(A) describe how such children and youth

18 are or will be given the opportunity to meet the

19 same challenging State student academic

20 achievement standards all students are expected

21 to meet;

22 ‘‘(B) describe the procedures the State

23 educational agency will use to identify such chil24 dren and youth in the State and to assess their

25 special needs;
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1 ‘‘(C) describe procedures for the prompt

2 resolution of disputes regarding the educational

3 placement of homeless children and youth;

4 ‘‘(D) describe programs for school per5 sonnel (including principals, attendance officers,

6 teachers, enrollment personnel, and pupil serv7 ices personnel) to heighten the awareness of

8 such personnel of the specific needs of runaway

9 and homeless youth;

10 ‘‘(E) describe procedures that ensure that

11 homeless children and youth who meet the rel12 evant eligibility criteria are able to participate

13 in Federal, State, or local food programs;

14 ‘‘(F) describe procedures that ensure

15 that—

16 ‘‘(i) homeless children have equal ac17 cess to the same public preschool pro18 grams, administered by the State agency,

19 as provided to other children;

20 ‘‘(ii) homeless youth and youth sepa21 rated from the public schools are identified

22 and accorded equal access to appropriate

23 secondary education and support services;

24 and
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1 ‘‘(iii) homeless children and youth

2 who meet the relevant eligibility criteria

3 are able to participate in Federal, State, or

4 local before- and after-school care pro5 grams;

6 ‘‘(G) address problems set forth in the re7 port provided to the Secretary under subsection

8 (f)(3);

9 ‘‘(H) address other problems with respect

10 to the education of homeless children and

11 youth, including problems caused by enrollment

12 delays that are caused by—

13 ‘‘(i) immunization and medical records

14 requirements;

15 ‘‘(ii) residency requirements;

16 ‘‘(iii) lack of birth certificates, school

17 records, or other documentation;

18 ‘‘(iv) guardianship issues; or

19 ‘‘(v) uniform or dress code require20 ments;

21 ‘‘(I) demonstrate that the State edu22 cational agency and local educational agencies

23 in the State have developed, and shall review

24 and revise, policies to remove barriers to the en-
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1 rollment and retention of homeless children and

2 youth in schools in the State; and

3 ‘‘(J) contain assurances that—

4 ‘‘(i) except as provided in subsection

5 (e)(3)(B), State and local educational

6 agencies will adopt policies and practices to

7 ensure that homeless children and youth

8 are not segregated solely on the basis of

9 their status as homeless;

10 ‘‘(ii) local educational agencies will

11 designate an appropriate staff person, who

12 may also be a coordinator for other Fed13 eral programs, as a liaison for homeless

14 children and youth, to carry out the duties

15 described in paragraph (6)(A); and

16 ‘‘(iii) the State and its local edu17 cational agencies will adopt policies and

18 practices to ensure that transportation is

19 provided, at the request of the parent or

20 guardian (or in the case of an unaccom21 panied youth, the liaison) to and from the

22 school of origin, as determined in para23 graph (3)(A), in accordance with the fol24 lowing, as applicable:
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1 ‘‘(I) If the homeless child or

2 youth continues to live in the area

3 served by the local educational agency

4 in which the school of origin is lo5 cated, the child’s or youth’s transpor6 tation to and from the school of origin

7 shall be provided or arranged by the

8 local educational agency in which the

9 school of origin is located.

10 ‘‘(II) If the homeless child’s or

11 youth’s living arrangements in the

12 area served by the local educational

13 agency of origin terminate and the

14 child or youth, though continuing his

15 or her education in the school of ori16 gin, begins living in the area served

17 by another local educational agency,

18 the local educational agency of origin

19 and the local educational agency in

20 which the homeless child or youth is

21 living shall agree upon a method to

22 apportion the responsibility and costs

23 for providing the child with transpor24 tation to and from the school or ori25 gin. If the local educational agencies
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1 are unable to agree upon such meth2 od, the responsibility and costs for

3 transportation shall be shared equally.

4 ‘‘(2) COMPLIANCE.—

5 ‘‘(A) IN GENERAL.—Each plan adopted

6 under this subsection shall also describe how

7 the State will ensure that local educational

8 agencies in the State will comply with the re9 quirements of paragraphs (3) through (7).

10 ‘‘(B) COORDINATION.—Such plan shall in11 dicate what technical assistance the State will

12 furnish to local educational agencies and how

13 compliance efforts will be coordinated with the

14 local liaisons established under this subchapter.

15 ‘‘(3) LOCAL EDUCATIONAL AGENCY REQUIRE16 MENTS.—

17 ‘‘(A) IN GENERAL.—The local educational

18 agency serving each child or youth to be as19 sisted under this subtitle shall, according to the

20 child’s or youth’s best interest, either—

21 ‘‘(i) continue the child’s or youth’s

22 education in the school of origin for the

23 duration of homelessness—

24 ‘‘(I) in any case in which a fam25 ily becomes homeless between aca-
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1 demic years or during the academic

2 year; or

3 ‘‘(II) for the remainder of the

4 academic year, if the child becomes

5 permanently housed during the aca6 demic year; or

7 ‘‘(ii) enroll the child or youth in any

8 public school that nonhomeless students

9 who live in the attendance area in which

10 the child or youth is actually living are eli11 gible to attend.

12 ‘‘(B) BEST INTEREST.—In determining the

13 best interest of the child or youth under sub14 paragraph (A), the local educational agency

15 shall—

16 ‘‘(i) to the extent feasible, keep a

17 homeless child or youth in the school of or18 igin, except when doing so is contrary to

19 the wishes of the child’s or youth’s parent

20 or guardian;

21 ‘‘(ii) provide a written explanation, in22 cluding a statement regarding the right to

23 appeal under subparagraph (E), to the

24 homeless child’s or youth’s parent or

25 guardian if the local educational agency
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1 sends such child or youth to a school other

2 than the school of origin or a school re3 quested by the parent or guardian; and

4 ‘‘(iii) in the case of an unaccompanied

5 youth, ensure that the homeless liaison

6 designated under paragraph (1)(J)(2) as7 sists in placement or enrollment decisions

8 under this subparagraph and provides no9 tice to such youth of the right to appeal

10 under subparagraph (E).

11 ‘‘(C) ENROLLMENT.—(i) The school se12 lected in accordance with this paragraph shall

13 immediately enroll pursuant to section 725(3)

14 the homeless child or youth, even if the child or

15 youth is unable to produce records normally re16 quired for enrollment, such as previous aca17 demic records, medical records, proof of resi18 dency, or other documentation.

19 ‘‘(ii) The enrolling school shall immediately

20 contact the school last attended by the child or

21 youth to obtain relevant academic and other

22 records.

23 ‘‘(iii) If the child or youth needs to obtain

24 immunizations or immunization or medical

25 records, the enrolling school shall immediately
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1 refer the parent or guardian of the child or

2 youth to the liaison who shall assist in obtain3 ing necessary immunizations or immunization

4 or medical records in accordance with subpara5 graph (E).

6 ‘‘(D) RECORDS.—Any record ordinarily

7 kept by the school, including immunization or

8 medical records, academic records, birth certifi9 cates, guardianship records, and evaluations for

10 special services or programs, of each homeless

11 child or youth shall be maintained—

12 ‘‘(i) so that the records are available,

13 in a timely fashion, when a child or youth

14 enters a new school or school district; and

15 ‘‘(ii) in a manner consistent with sec16 tion 444 of the General Education Provi17 sions Act (20 U.S.C. 1232g).

18 ‘‘(E) ENROLLMENT DISPUTES.—If a dis19 pute arises over school selection or enrollment

20 in a school—

21 ‘‘(i) the child or youth shall be imme22 diately admitted to the school in which en23 rollment is sought, pending resolution of

24 the dispute;
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1 ‘‘(ii) the parent or guardian of the

2 child or youth shall be provided with a

3 written explanation of the school’s decision

4 regarding school selection or enrollment,

5 including the rights of the parent, guard6 ian, or youth to appeal the decision;

7 ‘‘(iii) the child, youth, parent, or

8 guardian shall be referred to the local liai9 son designated under paragraph (1)(J)(ii),

10 who shall carry out the dispute resolution

11 process as described in paragraph (1)(A)

12 as expeditiously as possible after receiving

13 notice of the dispute; and

14 ‘‘(iv) in the case of an unaccompanied

15 youth, the homeless liaison shall ensure

16 that the youth is immediately enrolled in

17 school pending resolution of the dispute.

18 ‘‘(F) PLACEMENT CHOICE.—The choice re19 garding placement shall be made regardless of

20 whether the child or youth lives with the home21 less parents or has been temporarily placed

22 elsewhere.

23 ‘‘(G) SCHOOL OF ORIGIN DEFINED.—In

24 this paragraph, the term ‘school of origin’

25 means the school that the child or youth at-
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1 tended when permanently housed or the school

2 in which the child or youth was last enrolled.

3 ‘‘(H) CONTACT INFORMATION.—Nothing

4 in this subtitle shall prohibit a local educational

5 agency from requiring a parent or guardian of

6 a homeless child to submit contact information

7 required by the local educational agency of a

8 parent or guardian of a nonhomeless child.

9 ‘‘(4) COMPARABLE SERVICES.—Each homeless

10 child or youth to be assisted under this subtitle shall

11 be provided services comparable to services offered

12 to other students in the school selected under para13 graph (3), including—

14 ‘‘(A) transportation services;

15 ‘‘(B) educational services for which the

16 child or youth meets the eligibility criteria, such

17 as services provided under title I of the Elemen18 tary and Secondary Education Act of 1965 or

19 similar State or local programs, educational

20 programs for children with disabilities, and edu21 cational programs for students with limited22 English proficiency;

23 ‘‘(C) programs in vocational and technical

24 education;
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1 ‘‘(D) programs for gifted and talented stu2 dents; and

3 ‘‘(E) school nutrition programs.

4 ‘‘(5) COORDINATION.—

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

6 agency serving homeless children and youth

7 that receives assistance under this subtitle shall

8 coordinate—

9 ‘‘(i) the provision of services under

10 this subtitle with local social services agen11 cies and other agencies or programs pro12 viding services to homeless children and

13 youth and their families, including services

14 and programs funded under the Runaway

15 and Homeless Youth Act (42 U.S.C. 5701

16 et seq.); and

17 ‘‘(ii) with other local educational

18 agencies on interdistrict issues, such as

19 transportation or transfer of school

20 records.

21 ‘‘(B) HOUSING ASSISTANCE.—If applica22 ble, each State and local educational agency

23 that receives assistance under this subtitle shall

24 coordinate with State and local housing agen25 cies responsible for developing the comprehen-
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1 sive housing affordability strategy described in

2 section 105 of the Cranston-Gonzales National

3 Affordable Housing Act (42 U.S.C. 12705) to

4 minimize educational disruption for children

5 and youth who become homeless.

6 ‘‘(C) COORDINATION PURPOSE.—The co7 ordination required under subparagraphs (A)

8 and (B) shall be designed to—

9 ‘‘(i) ensure that homeless children and

10 youth have access and reasonable prox11 imity to available education and related

12 support services; and

13 ‘‘(ii) raise the awareness of school

14 personnel and service providers of the ef15 fects of short-term stays in a shelter and

16 other challenges associated with homeless17 ness.

18 ‘‘(6) LIAISON.—

19 ‘‘(A) DUTIES.—Each local liaison for

20 homeless children and youth, designated under

21 paragraph (1)(J)(ii), shall ensure that—

22 ‘‘(i) homeless children and youth are

23 identified by school personnel and through

24 coordination activities with other entities

25 and agencies;
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1 ‘‘(ii) homeless children and youth en2 roll in, and have an equal opportunity to

3 succeed in, schools of that agency;

4 ‘‘(iii) homeless families, children, and

5 youth receive educational services for

6 which such families, children, and youth

7 are eligible, including Head Start and

8 Even Start programs and preschool pro9 grams administered by the local edu10 cational agency, and referrals to health

11 care services, dental services, mental health

12 services, and other appropriate services;

13 ‘‘(iv) the parents or guardians of

14 homeless children and youth are informed

15 of the education and related opportunities

16 available to their children and are provided

17 with meaningful opportunities to partici18 pate in the education of their children;

19 ‘‘(v) public notice of the educational

20 rights of homeless children and youth is

21 disseminated where such children and

22 youth receive services under this Act, such

23 as schools, family shelters, and soup kitch24 ens;
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1 ‘‘(vi) enrollment disputes are mediated

2 in accordance with subsection (g)(3)(E);

3 and

4 ‘‘(vii) the parent or guardian of a

5 homeless child or youth, and any unaccom6 panied youth, is fully informed of all trans7 portation services, including transportation

8 to the school of origin, as described in

9 paragraph (1)(J)(ii), and is assisted in ac10 cessing transportation to the school se11 lected in accordance with paragraph

12 (3)(A).

13 ‘‘(B) NOTICE.—State coordinators whose

14 duties are described under subsection (d) and

15 local educational agencies shall inform school

16 personnel, service providers, and advocates

17 working with homeless families of the duties of

18 the liaisons.

19 ‘‘(C) LOCAL AND STATE COORDINATION.—

20 Local educational agency liaisons for homeless

21 children and youth shall, as a part of their du22 ties, coordinate and collaborate with State coor23 dinators and community and school personnel

24 responsible for the provision of education and

25 related services to homeless children and youth.
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1 ‘‘(7) REVIEW AND REVISIONS.—

2 ‘‘(A) IN GENERAL.—Each State edu3 cational agency and local educational agency

4 that receives assistance under this subtitle,

5 shall review and revise any policies that may act

6 as barriers to the enrollment of homeless chil7 dren and youth in schools selected in accord8 ance with paragraph (3).

9 ‘‘(B) CONSIDERATION.—In reviewing and

10 revising such policies, consideration shall be

11 given to issues concerning transportation, im12 munization, residency, birth certificates, school

13 records and other documentation, and guard14 ianship.

15 ‘‘(C) SPECIAL ATTENTION.—Special atten16 tion shall be given to ensuring the enrollment

17 and attendance of homeless children and youth

18 who are not currently attending school.

19 ‘‘SEC. 723. LOCAL EDUCATIONAL AGENCY GRANTS FOR THE

20 EDUCATION OF HOMELESS CHILDREN AND

21 YOUTH.

22 ‘‘(a) GENERAL AUTHORITY.—

23 ‘‘(1) IN GENERAL.—The State educational

24 agency shall, in accordance with section 722(e) and

25 from amounts made available to such agency under
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1 section 726, make grants to local educational agen2 cies for the purpose of facilitating the enrollment,

3 attendance, and success in school of homeless chil4 dren and youth.

5 ‘‘(2) SERVICES.—

6 ‘‘(A) IN GENERAL.—Services under para7 graph (1)—

8 ‘‘(i) may be provided through pro9 grams on school grounds or at other facili10 ties;

11 ‘‘(ii) shall, to the maximum extent

12 practicable, be provided through existing

13 programs and mechanisms that integrate

14 homeless children and youth with non15 homeless children and youth; and

16 ‘‘(iii) shall be designed to expand or

17 improve services provided as part of a

18 school’s regular academic program, but not

19 to replace such services provided under

20 such program.

21 ‘‘(B) SERVICES ON SCHOOL GROUNDS.—If

22 services under paragraph (1) are provided on

23 school grounds, schools—

24 ‘‘(i) may use funds under this subtitle

25 to provide the same services to other chil-
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1 dren and youth who are determined by the

2 local educational agency to be at risk of

3 failing in, or dropping out of, schools, sub4 ject to the requirements of clause (ii); and

5 ‘‘(ii) except as otherwise provided in

6 section 722(e)(3)(B), shall not provide

7 services in settings within a school that

8 segregates homeless children and youth

9 from other children and youth, except as is

10 necessary for short periods of time—

11 ‘‘(I) for health and safety emer12 gencies; or

13 ‘‘(II) to provide temporary, spe14 cial, and supplementary services to

15 meet the unique needs of homeless

16 children and youth.

17 ‘‘(3) REQUIREMENT.—Services provided under

18 this section shall not replace the regular academic

19 program and shall be designed to expand upon or

20 improve services provided as part of the school’s reg21 ular academic program.

22 ‘‘(b) APPLICATION.—A local educational agency that

23 desires to receive a grant under this section shall submit

24 an application to the State educational agency at such

25 time, in such manner, and containing or accompanied by
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1 such information as the State educational agency may rea2 sonably require. Each such application shall include—

3 ‘‘(1) an assessment of the educational and re4 lated needs of homeless children and youth, as de5 fined in section 725(1) and (2), in the area served

6 by such agency (which may be undertaken as part

7 of needs assessments for other disadvantaged

8 groups);

9 ‘‘(2) a description of the services and programs

10 for which assistance is sought to address the needs

11 identified in paragraph (1);

12 ‘‘(3) an assurance that the local educational

13 agency’s combined fiscal effort per student, or the

14 aggregate expenditures of that agency and the State

15 with respect to the provision of free public education

16 by such agency for the fiscal year preceding the fis17 cal year for which the determination is made, was

18 not less than 90 percent of such combined fiscal ef19 fort or aggregate expenditures for the second fiscal

20 year preceding the fiscal year for which the deter21 mination is made;

22 ‘‘(4) an assurance that the applicant complies

23 with, or will use requested funds to comply with,

24 paragraphs (3) through (7) of section 722(g); and
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1 ‘‘(5) a description of policies and procedures,

2 consistent with section 722(e)(3)(B), that the agency

3 will implement to ensure that activities carried out

4 by the agency will not isolate or stigmatize homeless

5 children and youth.

6 ‘‘(c) AWARDS.—

7 ‘‘(1) IN GENERAL.—The State educational

8 agency shall, in accordance with the requirements of

9 this subtitle and from amounts made available to it

10 under section 726, make competitive subgrants to

11 local educational agencies that submit applications

12 under subsection (b). Such subgrants shall be

13 awarded on the basis of the need of such agencies

14 for assistance under this subtitle and the quality of

15 the applications submitted.

16 ‘‘(2) NEED.—In determining need under para17 graph (1), the State educational agency may con18 sider the number of homeless children and youth en19 rolled in preschool, elementary, and secondary

20 schools within the area served by the agency, and

21 shall consider the needs of such children and youth

22 and the ability of the agency to meet such needs.

23 Such agency may also consider—

24 ‘‘(A) the extent to which the proposed use

25 of funds would facilitate the enrollment, reten-
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1 tion, and educational success of homeless chil2 dren and youth;

3 ‘‘(B) the extent to which the application—

4 ‘‘(i) reflects coordination with other

5 local and State agencies that serve home6 less children and youth; and

7 ‘‘(ii) meets the requirements of sec8 tion 722(g)(3);

9 ‘‘(C) the extent to which the applicant ex10 hibits in the application and in current practice

11 a commitment to education for all homeless

12 children and youth; and

13 ‘‘(D) such other criteria as the State agen14 cy determines appropriate.

15 ‘‘(3) QUALITY.—In determining the quality of

16 applications under paragraph (1), the State edu17 cational agency shall consider—

18 ‘‘(A) the applicant’s needs assessment

19 under subsection (b)(1) and the likelihood that

20 the program presented in the application will

21 meet such needs;

22 ‘‘(B) the types, intensity, and coordination

23 of the services to be provided under the pro24 gram;
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1 ‘‘(C) the involvement of parents or guard2 ians;

3 ‘‘(D) the extent to which homeless children

4 and youth will be integrated within the regular

5 education program;

6 ‘‘(E) the quality of the applicant’s evalua7 tion plan for the program;

8 ‘‘(F) the extent to which services provided

9 under this subtitle will be coordinated with

10 other available services; and

11 ‘‘(G) such other measures as the State

12 educational agency considers indicative of a

13 high-quality program.

14 ‘‘(4) DURATION OF GRANTS.—Grants awarded

15 under this section shall be for terms not to exceed

16 3 years.

17 ‘‘(d) AUTHORIZED ACTIVITIES.—A local educational

18 agency may use funds awarded under this section for ac19 tivities to carry out the purpose of this subtitle,

20 including—

21 ‘‘(1) the provision of tutoring, supplemental in22 struction, and enriched educational services that are

23 linked to the achievement of the same challenging

24 State academic content standards and challenging
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1 State student academic achievement standards the

2 State establishes for other children and youth;

3 ‘‘(2) the provision of expedited evaluations of

4 the strengths and needs of homeless children and

5 youth, including needs and eligibility for programs

6 and services (such as educational programs for gift7 ed and talented students, children with disabilities,

8 and students with limited-English proficiency, serv9 ices provided under title I of the Elementary and

10 Secondary Education Act of 1965 or similar State

11 or local programs, programs in vocational and tech12 nical education, and school nutrition programs);

13 ‘‘(3) professional development and other activi14 ties for educators and pupil services personnel that

15 are designed to heighten the understanding and sen16 sitivity of such personnel to the needs of homeless

17 children and youth, the rights of such children and

18 youth under this Act, and the specific educational

19 needs of runaway and homeless youth;

20 ‘‘(4) the provision of referral services to home21 less children and youth for medical, dental, mental,

22 and other health services;

23 ‘‘(5) the provision of assistance to defray the

24 excess cost of transportation for students pursuant

25 to section 722(g)(4)(A), not otherwise provided
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1 through Federal, State, or local funding, where nec2 essary to enable students to attend the school se3 lected under section 722(g)(3);

4 ‘‘(6) the provision of developmentally appro5 priate early childhood education programs, not oth6 erwise provided through Federal, State, or local

7 funding, for preschool-aged children;

8 ‘‘(7) the provision of services and assistance to

9 attract, engage, and retain homeless youth (as de10 scribed in paragraphs (1) and (2) of section 725) in

11 public school programs and services provided to non12 homeless youth;

13 ‘‘(8) the provision for homeless children and

14 youth of before- and after-school, mentoring, and

15 summer programs in which a teacher or other quali16 fied individual provides tutoring, homework assist17 ance, and supervision of educational activities;

18 ‘‘(9) if necessary, the payment of fees and other

19 costs associated with tracking, obtaining, and trans20 ferring records necessary to enroll homeless children

21 and youth in school, including birth certificates, im22 munization or medical records, academic records,

23 guardianship records, and evaluations for special

24 programs or services;
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1 ‘‘(10) the provision of education and training to

2 the parents of homeless children and youth about

3 the rights of, and resources available to, such chil4 dren and youth;

5 ‘‘(11) the development of coordination between

6 schools and agencies providing services to homeless

7 children and youth, as described in section

8 722(g)(5);

9 ‘‘(12) the provision of pupil services (including

10 violence prevention counseling) and referrals for

11 such services;

12 ‘‘(13) activities to address the particular needs

13 of homeless children and youth that may arise from

14 domestic violence;

15 ‘‘(14) the adaptation of space and purchase of

16 supplies for nonschool facilities made available under

17 subsection (a)(2) to provide services under this sub18 section;

19 ‘‘(15) the provision of school supplies, including

20 those supplies to be distributed at shelters or tem21 porary housing facilities, or other appropriate loca22 tions; and

23 ‘‘(16) the provision of other extraordinary or

24 emergency assistance needed to enable homeless chil25 dren and youth to attend school.
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1 ‘‘SEC. 724. SECRETARIAL RESPONSIBILITIES.

2 ‘‘(a) REVIEW OF PLANS.—In reviewing the State

3 plan submitted by a State educational agency under sec4 tion 722(g), the Secretary shall use a peer review process

5 and shall evaluate whether State laws, policies, and prac6 tices described in such plans adequately address the prob7 lems of homeless children and youth relating to access to

8 education and placement as described in such plans.

9 ‘‘(b) TECHNICAL ASSISTANCE.—The Secretary shall

10 provide support and technical assistance to the State edu11 cational agencies to assist such agencies to carry out their

12 responsibilities under this subtitle, if requested by the

13 State educational agency.

14 ‘‘(c) NOTICE.—The Secretary shall, before the next

15 school year that begins after the date of the enactment

16 of the McKinney-Vento Homeless Education Assistance

17 Improvements Act of 2001, create and disseminate nation18 wide a public notice of the educational rights of homeless

19 children and youth and disseminate such notice to other

20 Federal agencies, programs, and grantees, including Head

21 Start grantees, Health Care for the Homeless grantees,

22 Emergency Food and Shelter grantees, and homeless as23 sistance programs administered by the Department of

24 Housing and Urban Development.

25 ‘‘(d) EVALUATION AND DISSEMINATION.—The Sec26 retary shall conduct evaluation and dissemination activi-
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1 ties of programs designed to meet the educational needs

2 of homeless elementary and secondary school students,

3 and may use funds appropriated under section 726 to con4 duct such activities.

5 ‘‘(e) SUBMISSION AND DISTRIBUTION.—The Sec6 retary shall require applications for grants under this sub7 title to be submitted to the Secretary not later than the

8 expiration of the 60-day period beginning on the date that

9 funds are available for purposes of making such grants

10 and shall make such grants not later than the expiration

11 of the 120-day period beginning on such date.

12 ‘‘(f) DETERMINATION BY SECRETARY.—The Sec13 retary, based on the information received from the States

14 and information gathered by the Secretary under sub15 section (e), shall determine the extent to which State edu16 cational agencies are ensuring that each homeless child

17 and homeless youth has access to a free appropriate public

18 education as described in section 721(1).

19 ‘‘(g) INFORMATION.—

20 ‘‘(1) IN GENERAL.—From funds appropriated

21 under section 726, the Secretary shall, either di22 rectly or through grants, contracts, or cooperative

23 agreements, periodically collect and disseminate data

24 and information regarding—
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1 ‘‘(A) the number and location of homeless

2 children and youth;

3 ‘‘(B) the education and related services

4 such children and youth receive;

5 ‘‘(C) the extent to which such needs are

6 being met; and

7 ‘‘(D) such other data and information as

8 the Secretary deems necessary and relevant to

9 carry out this subtitle.

10 ‘‘(2) COORDINATION.—The Secretary shall co11 ordinate such collection and dissemination with

12 other agencies and entities that receive assistance

13 and administer programs under this subtitle.

14 ‘‘(h) REPORT.—Not later than 4 years after the date

15 of the enactment of the McKinney-Vento Homeless Edu16 cation Assistance Improvements Act of 2001, the Sec17 retary shall prepare and submit to the President and the

18 Committee on Education and the Workforce of the House

19 of Representatives and the Committee on Health, Edu20 cation, Labor, and Pensions of the Senate a report on the

21 status of education of homeless children and youth, which

22 shall include information on—

23 ‘‘(1) the education of homeless children and

24 youth; and
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1 ‘‘(2) the actions of the Department and the ef2 fectiveness of the programs supported under this

3 subtitle.

4 ‘‘SEC. 725. DEFINITIONS.

5 ‘‘In this subtitle:

6 ‘‘(1) The term ‘homeless children and youth’—

7 ‘‘(A) means individuals who lack a fixed,

8 regular, and adequate nighttime residence

9 (within the meaning of section 103(a)(1));

10 ‘‘(B) includes—

11 ‘‘(i) children and youth who are living

12 in doubled-up accommodations sharing the

13 housing of another due to loss of housing,

14 economic hardship or a similar reason, are

15 living in motels, hotels, trailer parks, or

16 camping grounds due to the lack of alter17 native adequate accommodations, are living

18 in emergency or transitional shelters, are

19 abandoned in hospitals, or are awaiting

20 foster care placement;

21 ‘‘(ii) individuals who have a primary

22 nighttime residence that is a public or pri23 vate place not designed for or ordinarily

24 used as a regular sleeping accommodation
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1 for human beings (within the meaning of

2 section 103(a)(2)(C)); and

3 ‘‘(iii) children and youth who are liv4 ing in cars, parks, public spaces, aban5 doned buildings or substandard housing,

6 bus or train stations, or similar settings;

7 and

8 ‘‘(C) does not include migratory children

9 (as such term is defined in section 1309(2) of

10 the Elementary and Secondary Education Act

11 of 1965), unless such children are staying in ac12 commodations not fit for habitation.

13 ‘‘(2) The term ‘unaccompanied youth’ includes

14 youth not in the physical custody of a parent or

15 guardian.

16 ‘‘(3) The terms ‘enroll’ and ‘enrollment’ include

17 within their meaning the right to attend classes and

18 to participate fully in school activities.

19 ‘‘(4) The terms ‘local educational agency’ and

20 ‘State educational agency’ have the meanings given

21 such terms in section 8101 of the Elementary and

22 Secondary Education Act of 1965.

23 ‘‘(5) The term ‘Secretary’ means the Secretary

24 of Education.
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1 ‘‘(6) The term ‘State’ means each of the 50

2 States, the District of Columbia, and the Common3 wealth of Puerto Rico.

4 ‘‘SEC. 726. AUTHORIZATION OF APPROPRIATIONS.

5 ‘‘For the purpose of carrying out this subtitle, there

6 are authorized to be appropriated $60,000,000 for fiscal

7 year 2002 and such sums as may be necessary for each

8 of the fiscal years 2003 through 2006.’’.

9 SEC. 915. TECHNICAL AMENDMENT.

10 (a) IN GENERAL.—Section 1 of Public Law 106–400

11 (42 U.S.C. 11301) is amended by striking ‘‘Section 1 of’’

12 and inserting ‘‘Section 101 of’’.

13 (b) EFFECTIVE DATE.—The amendment made by

14 subsection (a) shall be deemed to be effective on the date

15 of the enactment of Public Law 106–400.

16 Subpart 3—General Education Provisions

17 SEC. 916. INFORMATION ACCESS AND CONSENT.

18 (a) IN GENERAL.—Section 445 of the General Edu19 cation Provisions Act (20 U.S.C. 1232h) is amended by—

20 (1) redesignating subsections (c) through (e) as

21 subsections (d) through (f), respectively; and

22 (2) by striking subsections (a) and (b) and in23 serting the following:

24 ‘‘(a) ACCESS TO INFORMATION.—No funds shall be

25 made available under any applicable program to any edu-
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1 cational agency or institution that has a policy of denying,

2 or that effectively prevents, the parent of an elementary

3 school or secondary school student served by such agency

4 or at such institution, as the case may be—

5 ‘‘(1) the right to inspect and review any in6 structional material used with respect to the edu7 cational curriculum of the student. Each educational

8 agency or institution shall establish appropriate pro9 cedures for the granting of a request by parents for

10 access to the instructional material. The granting of

11 each such request shall be made in a reasonable pe12 riod of time, but shall not exceed 45 days, after the

13 date of the request;

14 ‘‘(2) the right to inspect and review a survey,

15 analysis, or evaluation that is subject to subsection

16 (c)(7) before the survey, analysis, or evaluation is

17 given to a student.

18 ‘‘(b) RESTRICTION ON SEEKING INFORMATION FROM

19 MINORS.—

20 ‘‘(1) IN GENERAL.—Notwithstanding any other

21 provision of Federal law, no funds shall be made

22 available under any program administered by the

23 Secretary to any educational agency or institution

24 that administers or provides a survey, analysis, or

25 evaluation to a student without the prior, informed,
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1 written consent of the parent or guardian of a stu2 dent concerning—

3 ‘‘(A) political affiliations or beliefs of the

4 student or the student’s parent;

5 ‘‘(B) mental or psychological problems po6 tentially embarrassing to the student or the stu7 dent’s family;

8 ‘‘(C) sex behavior or attitudes;

9 ‘‘(D) illegal, antisocial, or self-incrimi10 nating behavior;

11 ‘‘(E) appraisals of other individuals with

12 whom the minor has a familial relationship;

13 ‘‘(F) relationships that are legally recog14 nized as privileged, including those with law15 yers, physicians, and members of the clergy;

16 and

17 ‘‘(G) religious practices affiliations or be18 liefs.

19 ‘‘(2) EXPLANATION.—In seeking the consent of the

20 parent an educational agency or institution must provide

21 an accurate explanation, in writing, of the types of items

22 listed in subparagraphs (A) through (G) of paragraph (1)

23 that are contained in the survey and the purpose, if

24 known, for including those items.
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1 ‘‘(c) RESTRICTION ON MEDICAL TESTING AND

2 TREATMENT OF MINORS.—

3 ‘‘(1) CONSENT REQUIRED.—Except as provided

4 in paragraph (2), no funds shall be made available

5 under any applicable program to an educational

6 agency or institution that requires or otherwise

7 causes the student without the prior, written, in8 formed consent of the parent or a guardian of a

9 minor to undergo medical or mental health examina10 tion, testing, treatment, or immunization (except in

11 the case of a medical emergency).

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

13 apply to medical or mental health examinations,

14 testing, treatment, or immunizations of students ex15 pressly permitted by State law without written pa16 rental consent.

17 ‘‘(3) DEFINITIONS.—For the purpose of this

18 section, the term ‘educational agency or institution’

19 means any elementary, middle, or secondary school,

20 any school district or local board of education, and

21 any State educational agency that is the recipient of

22 funds under any program administered by the Sec23 retary, except that it does not apply to postsec24 ondary institutions.
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1 ‘‘(4) INSTRUCTIONAL MATERIAL.—In this sub2 section the term ‘instructional material’ means a

3 textbook, audio/visual material, informational mate4 rial accessible through Internet sites, material in

5 digital or electronic formats, instructional manual,

6 or journal, or any other material supplementary to

7 the education of a student.

8 ‘‘(5) RULES OF CONSTRUCTION.—(A) Nothing

9 in this section shall be construed to supersede the

10 Family Educational Rights and Privacy Act (20

11 U.S.C. 1232g).

12 ‘‘(B) The term ‘instructional material’ does not

13 include academic tests or assessments.

14 ‘‘(6) APPLICATION.—

15 ‘‘(A) CERTAIN SURVEYS, ANALYSIS, AND

16 EVALUATIONS.—Subsection (b) shall not apply

17 to surveys, analysis, or evaluations administered

18 to a student as part of the Individuals with Dis19 abilities Act (20 U.S.C. 1400 et seq.).

20 ‘‘(B) PARENTAL CONSENT.—Nothing in

21 subsection (c) shall be construed to supersede

22 or otherwise affect the parental consent require23 ments under the Individuals with Disabilities

24 Education Act (20 U.S.C. 1400 et seq.).
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1 ‘‘(C) STUDENT RIGHTS.—The rights pro2 vided parents under this Act transfer to the

3 student once the student turns 18 years old or

4 is an emancipated minor at any age.

5 ‘‘(7) STATE LAW EXCEPTION.—Educational

6 agencies and institutions residing in a State that has

7 a law that provides parents rights comparable to the

8 rights contained herein may seek exemption from

9 this Act by obtaining a waiver from the office des10 ignated by the Secretary to administer this Act. This

11 office may grant a waiver to educational agencies

12 and institutions upon review of State law.’’.

13 PART B—EQUAL ACCESS TO PUBLIC SCHOOL

14 FACILITIES

15 SEC. 921. SHORT TITLE.

16 This part may be cited as the ‘‘Boy Scouts of Amer17 ica Equal Access Act’’.

18 SEC. 922. EQUAL ACCESS.

19 (a) IN GENERAL.—Notwithstanding any other provi20 sion of law, no funds made available through the Depart21 ment of Education shall be provided to any public elemen22 tary school, public secondary school, local educational

23 agency, or State educational agency, if the school or a

24 school served by the agency—

25 (1) has a designated open forum; and
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1 (2) denies equal access or a fair opportunity to

2 meet to, or discriminates against, any group affili3 ated with the Boy Scouts of America or any other

4 youth group that wishes to conduct a meeting within

5 that designated open forum, on the basis of the

6 membership or leadership criteria of the Boy Scouts

7 of America or of the youth group that prohibit the

8 acceptance of homosexuals, or individuals who reject

9 the Boy Scouts’ or the youth group’s oath of alle10 giance to God and country, as members or leaders.

11 (b) TERMINATION OF ASSISTANCE AND OTHER AC12 TION.—

13 (1) DEPARTMENTAL ACTION.—The Secretary is

14 authorized and directed to effectuate subsection (a)

15 by issuing, and securing compliance with, rules or

16 orders with respect to a public school or agency that

17 receives funds made available through the Depart18 ment of Education and that denies equal access, or

19 a fair opportunity to meet, or discriminates, as de20 scribed in subsection (a).

21 (2) PROCEDURE.—The Secretary shall issue

22 and secure compliance with the rules or orders,

23 under paragraph (1), in a manner consistent with

24 the procedure used by a Federal department or
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1 agency under section 602 of the Civil Rights Act of

2 1964 (42 U.S.C. 2000d–1).

3 (3) JUDICIAL REVIEW.—Any action taken by

4 the Secretary under paragraph (1) shall be subject

5 to the judicial review described in section 603 of

6 that Act (42 U.S.C. 2000d–2). Any person aggrieved

7 by the action may obtain that judicial review in the

8 manner, and to the extent, provided in section 603

9 of that Act.

10 (c) DEFINITIONS AND RULE.—

11 (1) DEFINITIONS.—In this section:

12 (A) ELEMENTARY SCHOOL; LOCAL EDU13 CATIONAL AGENCY; SECONDARY SCHOOL; STATE

14 EDUCATIONAL AGENCY.—The terms ‘‘elemen15 tary school’’, ‘‘local educational agency’’, ‘‘sec16 ondary school’’, and ‘‘State educational agency’’

17 have the meanings given the terms in section

18 8101 of the Elementary and Secondary Edu19 cation Act of 1965 (as in effect after the effec20 tive date of this Act).

21 (B) SECRETARY.—The term ‘‘Secretary’’

22 means the Secretary of Education, acting

23 through the Assistant Secretary for Civil Rights

24 of the Department of Education.
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1 (C) YOUTH GROUP.—The term ‘‘youth

2 group’’ means any group or organization in3 tended to serve young people under the age of

4 21.

5 (2) RULE.—For purposes of this section, an el6 ementary school or secondary school has a des7 ignated open forum whenever the school involved

8 grants an offering to or opportunity for 1 or more

9 youth or community groups to meet on school prem10 ises or in school facilities before or after the hours

11 during which attendance at the school is compulsory.

12 SEC. 923. EFFECTIVE DATE.

13 Notwithstanding section 5, this part takes effect 1

14 day after the date of the enactment of this Act.

15 PART C—REPEALS

16 SEC. 931. REPEALS.

17 The following provisions are repealed:

18 (1) GOALS.—Parts A and C of title II and title

19 VI of Goals 2000: Educate America Act.

20 (2) TROOPS-TO-TEACHERS PROGRAM ACT OF

21 1999.—The Troops-to-Teachers Program Act of

22 1999 (title XVII of Public Law 106–65; 20 U.S.C.

23 9301 et seq.).

24 (3) ESEA.—
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1 (A) Title IX, relating to Indian, Native

2 Hawaiian, and Alaska Native education.

3 (B) Parts A, B, C, D, F, G, I, J, L, of

4 title X, relating to programs of national signifi5 cance.

6 (C) Title XI, relating to coordinated serv7 ices.

8 (D) Title XII, relating to education infra9 structure.

10 (E) The title heading of title XIII and sec11 tions 13001 and 13002.

12 (F) Title XIV, relating to general provi13 sions.

Passed the House of Representatives May 23, 2001.

Attest: JEFF TRANDAHL,

Clerk.
Calendar No. 53

107TH CONGRESS

1ST SESSION H. R. 1

AN ACT

To close the achievement gap with accountability,

flexibility, and choice, so that no child is left behind.

MAY 25, 2001

Received; read twice and placed on the calendar