I

103D CONGRESS

1ST SESSION H. R. 1804

To improve learning and teaching by providing a national framework for

education reform; to promote the research, consensus building, and systemic changes needed to ensure equitable educational opportunities and

high levels of educational achievement for all American students; to

provide a framework for reauthorization of all Federal education programs; to promote the development and adoption of a voluntary national

system of skill standards and certifications; and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

APRIL 22, 1993

Mr. KILDEE (for himself, Mr. FORD of Michigan, Mr. SAWYER, Mr. OWENS,

Mrs. UNSOELD, Mr. ROEMER, Mr. ENGEL, Mr. GREEN, Ms. WOOLSEY,

Mr. STRICKLAND, Mr. PAYNE of New Jersey, Mr. ROMERO-BARCELO ́,

Mr. MURPHY, Mr. MARTINEZ, Mr. BAESLER, and Mr. CLYBURN) introduced the following bill; which was referred to the Committee on Education and Labor

A BILL

To improve learning and teaching by providing a national

framework for education reform; to promote the research,

consensus building, and systemic changes needed to ensure equitable educational opportunities and high levels

of educational achievement for all American students;

to provide a framework for reauthorization of all Federal

education programs; to promote the development and

adoption of a voluntary national system of skill standards

and certifications; and for other purposes.
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That this Act may be cited as the ‘‘Goals 2000: Educate

4 America Act’’.

5 PURPOSE; DEFINITION

6 SEC. 2. (a) PURPOSE.—It is the purpose of this Act

7 to provide a framework for meeting the National Edu8 cation Goals established by title I of this Act by—

9 (1) promoting coherent, nationwide, systemic

10 education reform;

11 (2) improving the quality of learning and teach12 ing in the classroom;

13 (3) defining appropriate and coherent Federal,

14 State, and local roles and responsibilities for edu15 cation reform;

16 (4) establishing valid, reliable, and fair mecha17 nisms for—

18 (A) building a broad national consensus on

19 American education reform;

20 (B) assisting in the development and cer21 tification of high-quality, internationally com22 petitive content and student performance stand23 ards;

24 (C) assisting in the development and cer25 tification of opportunity-to-learn standards; and
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1 (D) assisting in the development and cer2 tification of high-quality assessment measures

3 that reflect the internationally competitive con4 tent and student performance standards;

5 (5) supporting new initiatives at the Federal,

6 State, local, and school levels to provide equal edu7 cational opportunity for all students to meet high

8 standards;

9 (6) providing a framework for the reauthoriza10 tion of all Federal education programs by—

11 (A) creating a vision of excellence and eq12 uity that will guide all Federal education and

13 related programs;

14 (B) providing for the establishment of

15 high-quality, internationally competitive content

16 and student performance standards that all stu17 dents, including disadvantaged students, stu18 dents with diverse racial, ethnic, and cultural

19 backgrounds, students with disabilities, stu20 dents with limited English proficiency, and aca21 demically talented students, will be expected to

22 achieve;

23 (C) providing for the establishment of high

24 quality, internationally competitive opportunity-
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1 to-learn standards that all States, local edu2 cational agencies, and schools should achieve;

3 (D) encouraging and enabling all State

4 educational agencies and local educational agen5 cies to develop comprehensive improvement

6 plans that will provide a coherent framework

7 for the implementation of reauthorized Federal

8 education and related programs in an inte9 grated fashion that effectively educates all chil10 dren; and

11 (E) providing resources to help individual

12 schools, including those serving students with

13 high needs, develop and implement comprehen14 sive improvement plans; and

15 (7) stimulating the development and adoption

16 of a voluntary national system of skill standards and

17 certification to serve as a cornerstone of the national

18 strategy to enhance workforce skills.

19 (b) DEFINITION.—As used in this Act, the term ‘‘all

20 students’’ means students from the broad range of back21 grounds and circumstances, including disadvantaged stu22 dents, students with diverse racial, ethnic, and cultural

23 backgrounds, students with disabilities, students with lim24 ited English proficiency, and academically talented stu25 dents.
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1 TITLE I—NATIONAL EDUCATION GOALS

2 PURPOSE

3 SEC. 101. It is the purpose of this title to establish

4 national education goals.

5 NATIONAL EDUCATION GOALS

6 SEC. 102. The Congress declares the national edu7 cation goals are that—

8 (1)(A) SCHOOL READINESS.—By the year

9 2000, all children in America will start school ready

10 to learn.

11 (B) The objectives for this goal are that—

12 (i) all disadvantaged and disabled children

13 will have access to high-quality and developmen14 tally appropriate preschool programs that help

15 prepare children for school;

16 (ii) every parent in America will be a

17 child’s first teacher and devote time each day to

18 helping his or her preschool child learn, and

19 parents will have access to the training and

20 support they need; and

21 (iii) children will receive the nutrition and

22 health care needed to arrive at school with

23 healthy minds and bodies, and the number of

24 low-birthweight babies will be significantly re25 duced through enhanced prenatal health sys26 tems.
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1 (2)(A) SCHOOL COMPLETION.—By the year

2 2000, the high school graduation rate will increase

3 to at least 90 percent.

4 (B) The objectives for this goal are that—

5 (i) the Nation must dramatically reduce its

6 dropout rate, and 75 percent of those students

7 who do drop out will successfully complete a

8 high school degree or its equivalent; and

9 (ii) the gap in high school graduation rates

10 between American students from minority back11 grounds and their non-minority counterparts

12 will be eliminated.

13 (3)(A) STUDENT ACHIEVEMENT AND CITIZEN14 SHIP.—By the year 2000, American students will

15 leave grades 4, 8, and 12 having demonstrated com16 petency over challenging subject matter including

17 English, mathematics, science, foreign languages,

18 arts, history, and geography, and every school in

19 America will ensure that all students learn to use

20 their minds well, so they may be prepared for re21 sponsible citizenship, further learning, and produc22 tive employment in our modern economy.

23 (B) The objectives for this goal are that—

24 (i) the academic performance of elemen25 tary and secondary students will increase sig-
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1 nificantly in every quartile, and the distribution

2 of minority students in each level will more

3 closely reflect the student population as a

4 whole;

5 (ii) the percentage of students who dem6 onstrate the ability to reason, solve problems,

7 apply knowledge, and write and communicate

8 effectively will increase substantially;

9 (iii) all students will be involved in activi10 ties that promote and demonstrate good citizen11 ship, community service, and personal respon12 sibility;

13 (iv) the percentage of students who are

14 competent in more than one language will sub15 stantially increase; and

16 (v) all students will be knowledgeable

17 about the diverse cultural heritage of this Na18 tion and about the world community.

19 (4)(A) MATHEMATICS AND SCIENCE.—By the

20 year 2000, United States students will be first in the

21 world in mathematics and science achievement.

22 (B) The objectives for this goal are that—

23 (i) math and science education will be

24 strengthened throughout the system, especially

25 in the early grades;
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1 (ii) the number of teachers with a sub2 stantive background in mathematics and science

3 will increase by 50 percent; and

4 (iii) the number of United States under5 graduate and graduate students, especially

6 women and minorities, who complete degrees in

7 mathematics, science, and engineering will in8 crease significantly.

9 (5)(A) ADULT LITERACY AND LIFELONG

10 LEARNING.—By the year 2000, every adult Amer11 ican will be literate and will possess the knowledge

12 and skills necessary to compete in a global economy

13 and exercise the rights and responsibilities of citizen14 ship.

15 (B) The objectives for this Goal are that—

16 (i) every major American business will be

17 involved in strengthening the connection be18 tween education and work;

19 (ii) all workers will have the opportunity to

20 acquire the knowledge and skills, from basic to

21 highly technical, needed to adapt to emerging

22 new technologies, work methods, and markets

23 through public and private educational, voca24 tional, technical, workplace, or other programs;
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1 (iii) the number of quality programs, in2 cluding those at libraries, that are designed to

3 serve more effectively the needs of the growing

4 number of part-time and midcareer students

5 will increase substantially;

6 (iv) the proportion of those qualified stu7 dents, especially minorities, who enter college,

8 who complete at least two years, and who com9 plete their degree programs will increase sub10 stantially; and

11 (v) the proportion of college graduates who

12 demonstrate an advanced ability to think criti13 cally, communicate effectively, and solve prob14 lems will increase substantially.

15 (6)(A) SAFE, DISCIPLINED, AND DRUG-FREE

16 SCHOOLS.—By the year 2000, every school in Amer17 ica will be free of drugs and violence and will offer

18 a disciplined environment conducive to learning.

19 (B) The objectives for this Goal are that—

20 (i) every school will implement a firm and

21 fair policy on use, possession, and distribution

22 of drugs and alcohol;

23 (ii) parents, businesses, and community or24 ganizations will work together to ensure that

25 schools are a safe haven for all children; and
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1 (iii) every school district will develop a

2 comprehensive K–12 drug and alcohol preven3 tion education program. Drug and alcohol cur4 riculum should be taught as an integral part of

5 health education. In addition, community-based

6 teams should be organized to provide students

7 and teachers with needed support.

8 TITLE II—NATIONAL EDUCATION REFORM

9 LEADERSHIP, STANDARDS, AND ASSESSMENTS

10 PART A—NATIONAL EDUCATION GOALS PANEL

11 PURPOSE

12 SEC. 201. It is the purpose of this part to establish

13 a bipartisan mechanism for—

14 (1) building a national consensus for education

15 improvement;

16 (2) reporting on progress toward achieving the

17 national education goals; and

18 (3) reviewing and approving the voluntary na19 tional content and student performance standards

20 and opportunity-to-learn standards certified by the

21 National Education Standards and Improvement

22 Council, as well as the criteria for their certification,

23 and the criteria for the certification of State assess24 ments by the National Education Standards and Im25 provement Council.
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1 NATIONAL EDUCATION GOALS PANEL

2 SEC. 202. (a) ESTABLISHMENT.—There is estab3 lished in the executive branch a National Education Goals

4 Panel (hereafter referred to as the ‘‘Goals Panel’’).

5 (b) COMPOSITION.—The Goals Panel shall be com6 posed of eighteen members (hereafter referred to in this

7 part as ‘‘members’’), including—

8 (1) two members appointed by the President;

9 (2) eight members who are Governors, three of

10 whom shall be from the same political party as the

11 President and five of whom shall be of the opposite

12 political party of the President, appointed by the

13 Chairperson and Vice Chairperson of the National

14 Governors’ Association, with each appointing rep15 resentatives of his or her respective political party,

16 in consultation with each other;

17 (3) four Members of Congress appointed as fol18 lows—

19 (A) one member appointed by the majority

20 leader of the Senate from among the Members

21 of the Senate;

22 (B) one member appointed by the minority

23 leader of the Senate from among the Members

24 of the Senate;
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1 (C) one member appointed by the majority

2 leader of the House of Representatives from

3 among the Members of the House of Represent4 atives; and

5 (D) one member appointed by the minority

6 leader of the House of Representatives from

7 among the Members of the House of Represent8 atives; and

9 (4) four members of State legislatures ap10 pointed by the President of the National Conference

11 of State Legislatures, of whom not more than two

12 may be of the same political party as the President

13 of the United States.

14 (c) SPECIAL APPOINTMENT RULES.—(1) The mem15 bers appointed pursuant to subsection (b)(2) shall be ap16 pointed as follows:

17 (A) If the Chairperson of the National Gov18 ernors’ Association is from the same political party

19 as the President, the Chairperson shall appoint three

20 individuals and the Vice Chairperson shall appoint

21 five individuals.

22 (B) If the Chairperson of the National Gov23 ernors’ Association is from the opposite political

24 party as the President, the Chairperson shall ap-
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1 point five individuals and the Vice Chairperson shall

2 appoint three individuals.

3 (2) If the National Governors’ Association has ap4 pointed a panel that meets the requirements of subsections

5 (b) and (c), except for the requirements of subsection

6 (b)(4), prior to the date of enactment of this title, then

7 the members serving on such panel shall be deemed to be

8 in compliance with subsections (b) and (c) and shall not

9 be required to be reappointed pursuant to subsections (b)

10 and (c).

11 (d) TERMS.—The terms of service of members shall

12 be as follows—

13 (1) Members appointed under subsection (b)(1)

14 shall serve at the pleasure of the President.

15 (2) Members appointed under subsection (b)(2)

16 shall serve a two-year term, except that the initial

17 appointments under such paragraph shall be made

18 to ensure staggered terms with one-half of such

19 members’ terms concluding every two years.

20 (3) Members appointed under subsection (b) (3)

21 and (4) shall serve a term of two years.

22 (e) DATE OF APPOINTMENT.—The initial members

23 shall be appointed not later than sixty days after the date

24 of enactment of this Act.
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1 (f) INITIATION.—The Goals Panel may begin to carry

2 out its duties under this part when ten members of the

3 Goals Panel have been appointed.

4 (g) VACANCIES.—A vacancy on the Goals Panel shall

5 not affect the powers of the Goals Panel, but shall be filled

6 in the same manner as the original appointment.

7 (h) TRAVEL.—Each member may be allowed travel

8 expenses, including per diem in lieu of subsistence, as au9 thorized by section 5703 of title 5, United States Code,

10 for each day the member is engaged in the performance

11 of duties away from the home or regular place of business

12 of the member.

13 (i) CHAIR.—The members of the Goals Panel shall

14 select a Chair from among the Governors who are mem15 bers. The Chair shall serve a one-year term and shall al16 ternate between political parties.

17 DUTIES

18 SEC. 203. (a) DUTIES.—The Goals Panel shall—

19 (1) report on the progress the Nation and the

20 States are making toward achieving the national

21 education goals established under title I of this Act,

22 including issuing an annual national report card;

23 (2) submit to the President nominations for ap24 pointment to the National Education Standards and

25 Improvement Council, in accordance with sections

26 212(b) and (c);
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1 (3) review and approve (or explain why ap2 proval is withheld) the—

3 (A) criteria developed by the National

4 Education Standards and Improvement Council

5 for the certification of content and student per6 formance standards, assessments, and oppor7 tunity-to-learn standards; and

8 (B) voluntary national content and student

9 performance standards and opportunity-to-learn

10 standards certified by the National Education

11 Standards and Improvement Council;

12 (4) report on promising or effective actions

13 being taken at the national, State, and local levels,

14 in the public and private sectors, to achieve the na15 tional education goals; and

16 (5) help build a nationwide, bipartisan consen17 sus for the reforms necessary to achieve the national

18 education goals.

19 (b) NATIONAL REPORT CARD.—(1) The Goals Panel

20 shall annually prepare and submit to the President, the

21 Secretary, the appropriate committees of Congress, and

22 the Governor of each State a national report card that

23 shall—

24 (A) report on the progress of the United States

25 toward achieving the national education goals; and
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1 (B) identify actions that should be taken by

2 Federal, State, and local governments to enhance

3 progress toward achieving the national education

4 goals.

5 (2) National report cards shall be presented in a

6 form, and include data, that is understandable to parents

7 and the general public.

8 POWERS OF THE GOALS PANEL

9 SEC. 204. (a) HEARINGS.—(1) The Goals Panel

10 shall, for the purpose of carrying out this part, conduct

11 such hearings, sit and act at such times and places, take

12 such testimony, and receive such evidence, as the Goals

13 Panel considers appropriate.

14 (2) In carrying out this part, the Goals Panel shall

15 conduct hearings to receive reports, views, and analyses

16 of a broad spectrum of experts and the public on the es17 tablishment of voluntary national content and student per18 formance standards, assessments, and opportunity-to19 learn standards.

20 (b) INFORMATION.—The Goals Panel may secure di21 rectly from any department or agency of the United States

22 information necessary to enable the Goals Panel to carry

23 out this part. Upon request of the Chairperson of the

24 Goals Panel, the head of a department or agency shall

25 furnish such information to the Goals Panel to the extent

26 permitted by law.
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1 (c) POSTAL SERVICES.—The Goals Panel may use

2 the United States mail in the same manner and under the

3 same conditions as other departments and agencies of the

4 United States.

5 (d) GIFTS; USE OF FACILITIES.—The Goals Panel

6 may—

7 (1) accept, administer, and utilize gifts or dona8 tions of services, money, or property, whether real or

9 personal, tangible or intangible; and

10 (2) with their consent, use the research, equip11 ment, services, and facilities of any agency or instru12 mentality of the United States, or of any State or

13 political subdivision thereof.

14 (e) ADMINISTRATIVE ARRANGEMENTS AND SUP15 PORT.—(1) The Secretary shall provide to the Goals

16 Panel, on a reimbursable basis, such administrative sup17 port services as the Goals panel may request.

18 (2) The Secretary shall, to the extent appropriate,

19 and on a reimbursable basis, make contracts and other

20 arrangements that are requested by the Goals Panel to

21 help it compile and analyze data or carry out other func22 tions necessary to the performance of this responsibilities.

23 ADMINISTRATIVE PROVISIONS

24 SEC. 205. (a) MEETINGS.—The Goals Panel shall

25 meet on a regular basis, as necessary, at the call of the
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1 Chairperson of the Goals Panel or a majority of its mem2 bers.

3 (b) QUORUM.—A majority of the members shall con4 stitute a quorum for the transaction of business.

5 (c) VOTING.—No individual may vote, or exercise any

6 of the powers of a member, by proxy.

7 (d) PUBLIC ACCESS.—The Goals Panel shall ensure

8 public access to its proceedings (other that proceedings,

9 or portions of proceedings, relating to internal personnel

10 and management matters) and make available to the pub11 lic, at reasonable cost, transcripts of such proceedings.

12 DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS

13 SEC. 206. (a) DIRECTOR.—The Chairperson of the

14 Goals Panel shall, without regard to the provisions of title

15 5, United States Code, relating to the appointment and

16 compensation of officers or employees of the United

17 States, appoint a Director to be paid at a rate not to ex18 ceed the rate of basic pay payable for level V of the Execu19 tive Schedule.

20 (b) APPOINTMENT AND PAY OF EMPLOYEES.—

21 (1)(A) The Director may appoint not more than four addi22 tional employees to serve as staff to the Goals Panel with23 out regard to the provisions of title 5, United States Code,

24 governing appointments in the competitive service.

25 (B) The employees appointed under paragraph (1)(A)

26 may be paid without regard to the provisions of chapter
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1 51 and subchapter III of chapter 53 of that title relating

2 to classification and General Schedule pay rates, but shall

3 not be paid a rate that exceeds the maximum rate of basic

4 pay payable for GS–15 of the General Schedule.

5 (2) The Director may appoint additional employees

6 to serve as staff to the Goals panel consistent with title

7 5, United States Code.

8 (c) EXPERTS AND CONSULTANTS.—The Goals Panel

9 may procure temporary and intermittent services of ex10 perts and consultants under section 3019(b) of title 5,

11 United States Code.

12 (d) STAFF OF FEDERAL AGENCIES.—Upon the re13 quest of the Goals Panel, the head of any department or

14 agency of the United States may detail any of the person15 nel of that agency to the Goals Panel to assist the Goals

16 Panel in its duties under this part.

17 PART B—NATIONAL EDUCATION STANDARDS AND

18 IMPROVEMENT COUNCIL

19 PURPOSE; DEFINITION

20 SEC. 211. (a) PURPOSE.—It is the purpose of this

21 part to establish a mechanism to—

22 (1) certify voluntary national content and stu23 dent performance standards that define what Amer24 ican students should know and be able to do;
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1 (2) certify content and student performance

2 standards submitted by States on a voluntary basis,

3 if such standards are comparable in rigor and qual4 ity to the voluntary national content and student

5 performance standards certified by the Council;

6 (3) certify voluntary national opportunity-to7 learn standards that describe the conditions of

8 teaching and learning necessary for all students to

9 have a fair opportunity to achieve the knowledge and

10 skills described in the voluntary national content and

11 student performance standards certified by the Na12 tional Education Standards and Improvement Coun13 cil;

14 (4) certify opportunity-to-learn standards sub15 mitted by States on a voluntary basis, if they are

16 consistent with the voluntary national opportunity17 to-learn standards; and

18 (5) certify systems of assessments submitted by

19 States on a voluntary basis, if they are aligned with

20 State content standards certified by the Council and

21 if they are valid, reliable, and fair when used for

22 their intended purposes.

23 (b) DEFINITION.—As used in this Act, the term ‘‘op24 portunity-to-learn standards’’ includes ways of measuring

25 the extent to which such standards are being met.
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1 NATIONAL EDUCATION STANDARDS AND IMPROVEMENT

2 COUNCIL

3 SEC. 212. (a) ESTABLISHMENT.—There is estab4 lished in the executive branch a National Education

5 Standards and Improvement Council (hereafter in this

6 part referred to as the ‘‘Council’’).

7 (b) COMPOSITION.—The Council shall be composed

8 of twenty members (hereafter in this part referred to as

9 ‘‘members’’) appointed by the President from nominations

10 submitted by the Goals Panel.

11 (c) QUALIFICATIONS.—(1) The members of the

12 Council shall include—

13 (A) five professional educators, including ele14 mentary and secondary classroom teachers, pre15 school educators and other school-based profes16 sionals, local district or State administrators, and

17 other educators;

18 (B) five representatives of business and indus19 try and postsecondary educational institutions, in20 cluding at least one representative of business and

21 industry who is also a member of the National Skill

22 Standards Board established pursuant to title IV of

23 this Act;

24 (C) five representatives of the public, including

25 representatives of advocacy and civil rights groups,
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1 parents, civic leaders, and local and State education

2 policymakers (including State or local school

3 boards); and

4 (D) five education experts, including experts in

5 measurement and assessment, curriculum, school fi6 nance and equity, and school reform.

7 (2) The Goals Panel shall submit to the President

8 at least fifteen nominations for each of the four categories

9 of appointment described in paragraph (1).

10 (3) To the extent feasible, the membership of the

11 Council shall be geographically representative of the Unit12 ed States and reflect the racial and ethnic diversity of the

13 United States.

14 (d) TERMS.—(1) Members shall be appointed for

15 three-year terms, with no member serving more than two

16 consecutive terms.

17 (2) The President shall establish initial terms for in18 dividuals of one, two, or three years in order to establish

19 a rotation in which one third of the members are selected

20 each year.

21 (e) DATE OF APPOINTMENT.—The initial members

22 shall be appointed not later than one hundred and twenty

23 days after the date of enactment of this Act.
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1 (f) INITIATION.—The Council shall begin to carry out

2 the duties of the Council under this part when all twenty

3 members have been appointed.

4 (g) RETENTION.—In order to retain an appointment

5 to the Council, a member must attend at least two-thirds

6 of the scheduled meetings of the Council in any given year.

7 (h) VACANCY.—A vacancy on the Council shall not

8 affect the powers of the Council, but shall be filled in the

9 same manner as the original appointment.

10 (i) COMPENSATION.—Members of the Council who

11 are not regular full-time employees of the United States

12 may, while attending meetings or hearings of the Council,

13 be provided compensation at a rate fixed by the Secretary,

14 but not exceeding the maximum rate of basic pay payable

15 for GS–15 of the General Schedule.

16 (j) TRAVEL.—Each member of the Council may be

17 allowed travel expenses, including per diem in lieu of sub18 sistence, as authorized by section 5703 of title 5, United

19 States Code, for each day the member is engaged in the

20 performance of duties away from the home or regular

21 place of business of the member.

22 (k) OFFICERS.—The members of the Council shall se23 lect officers from among its members. The officers of the

24 Council shall serve for one-year terms.
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1 DUTIES

2 SEC. 213. (a) VOLUNTARY NATIONAL CONTENT

3 STANDARDS.—(1) The Council shall—

4 (A) identify areas in which voluntary national

5 content standards need to be developed;

6 (B) certify voluntary national content and stu7 dent performance standards that define what Amer8 ican students should know and be able to do; and

9 (C) forward such voluntary national content

10 and student performance standards to the Goals

11 Panel for approval.

12 (2)(A) The Council shall—

13 (i) identify and develop criteria to be used for

14 certifying the voluntary national content and student

15 performance standards; and

16 (ii) before applying such criteria, forward them

17 to the Goals Panel for approval.

18 (B) The criteria developed by the Council shall ad19 dress—

20 (i) the extent to which the proposed standards

21 are internationally competitive and comparable to

22 the best in the world;

23 (ii) the extent to which the proposed content

24 and student performance standards reflect the best

25 available knowledge about how all students learn and
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1 about how the content area can be most effectively

2 taught;

3 (iii) the extent to which the proposed content

4 and student performance standards have been devel5 oped through an open and public process that pro6 vides for input and involvement of all relevant par7 ties, including teachers and other professional edu8 cators, employers and postsecondary education insti9 tutions, curriculum and subject matter specialists,

10 and the public; and

11 (iv) other factors that the Council deems appro12 priate.

13 (C) In developing the criteria, the Council shall work

14 with entities that are developing, or have already devel15 oped, content standards, and any other entities that the

16 Council deems appropriate, to identify appropriate certifi17 cation criteria.

18 (b) VOLUNTARY STATE CONTENT STANDARDS.—The

19 Council may certify content and student performance

20 standards presented on a voluntary basis by States, if such

21 standards are comparable in rigor and quality to the vol22 untary national content and student performance stand23 ards certified by the Council.

24 (c) VOLUNTARY NATIONAL OPPORTUNITY-TO-LEARN

25 STANDARDS.—(1) The Council shall certify exemplary,
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1 voluntary national opportunity-to-learn standards that will

2 establish a basis for providing all students a fair oppor3 tunity to achieve the knowledge and skills set out in the

4 voluntary national content standards certified by the

5 Council.

6 (2) The voluntary national opportunity-to-learn

7 standards shall be sufficiently general to be used by any

8 State without unduly restricting State and local preroga9 tives regarding instructional methods to be employed.

10 (3) The voluntary national opportunity-to-learn

11 standards certified by the Council shall address—

12 (A) the quality and availability of curricula, in13 structional materials, and technologies;

14 (B) the capability of teachers to provide high15 quality instruction in each content area;

16 (C) the extent to which teachers and adminis17 trators have ready and continuing access to profes18 sional development, including the best knowledge

19 about teaching, learning, and school improvement;

20 (D) the extent to which curriculum, instruc21 tional practices, and assessments are aligned to con22 tent standards; and

23 (E) other factors that the Council deems appro24 priate to ensure that every student receives a fair

25 opportunity to achieve the knowledge and skills de-
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1 scribed in the voluntary content and student per2 formance standards certified by the Council.

3 (4) In carrying out this subsection, the Council

4 shall—

5 (A) identify what countries with rigorous con6 tent standards do to—

7 (i) provide their children with opportunities

8 to learn;

9 (ii) prepare their teachers; and

10 (iii) provide continuing professional devel11 opment opportunities for their teachers; and

12 (B) develop criteria to be used for certifying the

13 voluntary national opportunity-to-learn standards

14 and, before applying such criteria, forward them to

15 the Goals Panel for approval.

16 (5) The Council shall assist in the development of the

17 voluntary national opportunity-to-learn standards by—

18 (A) making recommendations to the Secretary

19 regarding priorities and selection criteria for the

20 award made under section 218; and

21 (B) coordinating with the consortium receiving

22 an award under section 218 to ensure that the op23 portunity-to-learn standards the consortium develops

24 are of high quality and are consistent with the cri-
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1 teria developed by the Council for the certification of

2 such standards.

3 (6) The Council shall forward the voluntary national

4 opportunity-to-learn standards it certifies to the Goals

5 Panel for approval.

6 (d) VOLUNTARY STATE OPPORTUNITY-TO-LEARN

7 STANDARDS.—The Council may certify opportunity-to8 learn standards presented on a voluntary basis by a State,

9 if they are consistent with the voluntary national oppor10 tunity-to-learn standards.

11 (e) ASSESSMENTS.—(1)(A) The Council shall certify

12 a system of assessments that is presented on a voluntary

13 basis by a State if such system is aligned with the State’s

14 content standards certified by the Council.

15 (B) Systems of assessments shall be certified by the

16 Council for the purpose of—

17 (i) exemplifying for students, parents, and

18 teachers the kinds and levels of achievement that

19 should be expected, including the identification of

20 student performance standards;

21 (ii) improving classroom instruction and im22 proving the learning outcomes for all students;

23 (iii) informing students, parents, and teachers

24 about student progress toward the standards;
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1 (iv) measuring and motivating individual stu2 dents, schools, districts, States, and the Nation to

3 improve educational performance; and

4 (v) assisting education policymakers in making

5 decisions about education programs.

6 (C) The Council shall certify a system of assessments

7 only if it will not be used to make decisions regarding

8 graduation, grade promotion, or retention of students for

9 a period of five years from the date of enactment of this

10 Act.

11 (2)(A) The Council shall develop and, no sooner than

12 three years or later than four years after the enactment

13 of this Act, begin utilizing criteria for the certification of

14 assessment systems for the purposes indicated in para15 graph (1)(B). Before using such criteria, the Council shall

16 forward the criteria to the Goals Panel for approval.

17 (B) The certification criteria developed by the Coun18 cil shall address the extent to which the assessment sys19 tem—

20 (i) is aligned with State content standards cer21 tified by the Council;

22 (ii) is to be used for a purpose for which it is

23 valid, reliable, fair, and free of discrimination; and

24 (iii) includes all students, especially students

25 with disabilities or with limited English proficiency.
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1 (C) In determining appropriate certification criteria,

2 the Council shall—

3 (i) consider standards and criteria being devel4 oped by other national organizations and recent re5 search on assessment;

6 (ii) recommend needed research;

7 (iii) encourage the development and field testing

8 of systems of assessments; and

9 (iv) provide a public forum for discussing, de10 bating, and building consensus for the criteria to be

11 used for the certification of assessment systems.

12 (D) Prior to determining the certification criteria, the

13 Council shall take public comment on its proposed criteria.

14 (f) PERFORMANCE OF DUTIES.—In carrying out its

15 responsibilities under this title, the Council shall—

16 (1) work with Federal and non-Federal agencies

17 and organizations that are conducting research,

18 studies, or demonstration projects to determine

19 internationally competitive education standards and

20 assessments, and may establish subject matter and

21 other panels to advise it on particular content, stu22 dent performance, and opportunity-to-learn stand23 ards and on assessments;

24 (2) shall establish cooperative arrangements

25 with the National Skill Standards Board to promote
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1 the coordination of the development of content and

2 student performance standards under this title with

3 the development of skill standards under title IV of

4 this Act;

5 (3) recommend studies to the Secretary that

6 are necessary to carry out the Council’s responsibil7 ities;

8 (4) inform the public about what constitutes

9 high quality, internationally competitive, content,

10 student performance, and opportunity-to-learn

11 standards, and assessment systems;

12 (5) on a regular basis, review and update cri13 teria for certifying content, student performance,

14 and opportunity-to-learn standards, and assessment

15 systems; and

16 (6) periodically recertify, as appropriate, the

17 voluntary national content and student performance

18 standards, and the voluntary national opportunity19 to-learn standards that it certifies under this sec20 tion.

21 ANNUAL REPORTS

22 SEC. 214. Not later than one year after the date the

23 Council concludes its first meeting, and in each succeeding

24 year, the Council shall prepare and submit a report to the

25 President, the Secretary, the appropriate committees of
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1 Congress, the Governor of each State, and the Goals Panel

2 regarding its work.

3 POWERS OF THE COUNCIL

4 SEC. 215. (a) HEARINGS.—(1) The Council shall, for

5 the purpose of carrying out its responsibilities, conduct

6 such hearings, sit and act at such times and places, take

7 such testimony, and receive such evidence, as the Council

8 considers appropriate.

9 (2) In carrying out this part, the Council shall con10 duct public hearings in different geographic areas of the

11 United States, both urban and rural, to receive the re12 ports, views, and analyses of a broad spectrum of experts

13 and the public on the establishment of national content,

14 student performance, and opportunity-to-learn standards,

15 and assessment systems.

16 (b) INFORMATION.—The Council may secure directly

17 from any department or agency of the United States infor18 mation necessary to enable the Council to carry out this

19 part. Upon request of the Chairperson of the Council, the

20 head of a department or agency shall furnish such infor21 mation to the Council to the extent permitted by law.

22 (c) POSTAL SERVICES.—The Council may use the

23 United States mail in the same manner and under the

24 same conditions as other departments and agencies of the

25 United States.

26 (d) GIFTS; USE OF FACILITIES.—The Council may—
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1 (1) accept, administer, and utilize gifts or dona2 tions of services, money, or property, whether real or

3 personal, tangible or intangible; and

4 (2) with their consent, use the research, equip5 ment, services, and facilities of any agency or instru6 mentality of the United States, or of any State or

7 political subdivision thereof.

8 (e) ADMINISTRATIVE ARRANGEMENTS AND SUP9 PORT.—(1) The Secretary shall provide to the Council, on

10 a reimbursable basis, such administrative support services

11 as the Council may request.

12 (2) The Secretary shall, to the extent appropriate,

13 and on a reimbursable basis, make contracts and other

14 arrangements that are requested by the Council to help

15 it compile and analyze data or carry out other functions

16 necessary to the performance of its responsibilities.

17 ADMINISTRATIVE PROVISIONS

18 SEC. 216. (a) MEETINGS.—The Council shall meet

19 on a regular basis, as necessary at the call of the Chair20 person of the Council or a majority of its members.

21 (b) QUORUM.—A majority of the members shall con22 stitute a quorum for the transaction of business.

23 (c) VOTING.—The Council shall take all action of the

24 Council by a majority vote of the total membership of the

25 Council, ensuring the right of the minority to issue written
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1 views. No individual may vote or exercise any of the pow2 ers of a member by proxy.

3 (d) PUBLIC ACCESS.—The Council shall ensure pub4 lic access to its proceedings (other than proceedings, or

5 portions of proceedings, relating to internal personnel and

6 management matters) and make available to the public,

7 at reasonable cost, transcripts of such proceedings.

8 DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS

9 SEC. 217. (a) DIRECTOR.—The Chairperson of the

10 Council shall, without regard to the provisions of title 5,

11 United States Code, relating to the appointment and com12 pensation of officers or employees of the United States,

13 appoint a Director to be paid at a rate not to exceed the

14 rate of basic pay payable for level V of the Executive

15 Schedule.

16 (b) APPOINTMENT AND PAY OF EMPLOYEES.—

17 (1)(A) The Director may appoint not more than four addi18 tional employees to serve as staff to the Council without

19 regard to the provisions of title 5, United States Code,

20 governing appointments in the competitive service.

21 (B) The employees appointed under subparagraph

22 (A) may be paid without regard to the provisions of chap23 ter 51 and subchapter III of chapter 53 of that title relat24 ing to classification and General Schedule pay rates, but

25 shall not be paid a rate that exceeds the maximum rate

26 of basic pay payable for GS–15 of the General Schedule.
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1 (2) The Director may appoint additional employees

2 to serve as staff of the Council consistent with title 5,

3 United States Code.

4 (c) EXPERTS AND CONSULTANTS.—The Council may

5 procure temporary and intermittent services under section

6 3019(b) of title 5, United States Code.

7 (d) STAFF OF FEDERAL AGENCIES.—Upon the re8 quest of the Council, the head of any department or agen9 cy of the United States may detail any of the personnel

10 of that department or agency to the Council to assist the

11 Council in its duties under this part.

12 OPPORTUNITY-TO-LEARN DEVELOPMENT GRANT

13 SEC. 218. (a) OPPORTUNITY-TO-LEARN DEVELOP14 MENT GRANT.—(1) The Secretary is authorized to make

15 a grant, on a competitive basis, to a consortium of individ16 uals and organizations to develop voluntary national op17 portunity-to-learn standards.

18 (2) To the extent possible, such consortium shall in19 clude the participation of—

20 (A) Governors (other than Governors serving on

21 the Goals Panel);

22 (B) chief State school officers;

23 (C) teachers (especially teachers involved in the

24 development of content standards);

25 (D) principals;

26 (E) superintendents;
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1 (F) State and local school board members;

2 (G) curriculum and school reform experts;

3 (H) parents;

4 (I) State legislators;

5 (J) representatives of businesses;

6 (K) representatives of higher education;

7 (L) representatives of regional accrediting asso8 ciations; and

9 (M) advocacy groups.

10 (b) APPLICATIONS.—(1) Any consortium that desires

11 to receive a grant under this subsection shall submit an

12 application to the Secretary at such time, in such manner,

13 and containing such information and assurances as the

14 Secretary may require.

15 (2) In establishing priorities and selection criteria for

16 such grant, the Secretary shall give serious consideration

17 to the recommendations made by the Council pursuant to

18 section 213(c)(5)(A).

19 ASSESSMENT DEVELOPMENT AND EVALUATION GRANTS

20 SEC. 219. (a) GENERAL.—The Secretary is author21 ized to made grants to States and local educational agen22 cies to help defray the cost of developing, field testing,

23 and evaluating systems of assessments, to be used for

24 some or all of the purposes indicated in section

25 213(e)(1)(B), that are aligned to State content standards

26 certified by the Council.
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1 (b) APPLICATIONS.—A State or local educational

2 agency that desires to receive a grant under this section

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

4 in such manner, and containing such information and as5 surances as the Secretary may require.

6 (c) REQUIREMENTS.—(1) A recipient of a grant

7 under this section shall—

8 (A) examine the validity, reliability, and fair9 ness of an assessment, or system of assessments, for

10 the particular purposes for which such assessment

11 was developed; and

12 (B) devote special attention to how an assess13 ment, or system of assessments, treats all students,

14 especially with regard to the race, gender, ethnicity,

15 and language proficiency of such students.

16 (2) An assessment, or system of assessments, devel17 oped and evaluated with funds under this section may not

18 be used for decisions about individual students relating to

19 program placement, promotion, or retention, graduation,

20 or employment for a period of five years from the date

21 of enactment of this Act.

22 PART C—AUTHORIZATION OF APPROPRIATIONS

23 AUTHORIZATION OF APPROPRIATIONS

24 SEC. 221. (a) NATIONAL EDUCATION GOALS

25 PANEL.—There are authorized to be appropriated
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1 $3,000,000 for fiscal year 1994 and such sums as may

2 be necessary for each of the four succeeding fiscal years

3 to carry out part A of this title.

4 (b) NATIONAL EDUCATION STANDARDS AND IM5 PROVEMENT COUNCIL.—There are authorized to be ap6 propriated $3,000,000 for fiscal year 1994 and such sums

7 as may be necessary for each of the four succeeding fiscal

8 years to carry out part B of this title.

9 (c) OPPORTUNITY-TO-LEARN DEVELOPMENT

10 GRANT.—There are authorized to be appropriated

11 $1,000,000 for fiscal year 1994 and such sums as may

12 be necessary for fiscal year 1995 to carry out the Oppor13 tunity-to-Learn Development Grant Program established

14 under section 218 of this title.

15 (d) ASSESSMENT DEVELOPMENT AND EVALUATION

16 GRANTS.—There are authorized to be appropriated

17 $5,000,000 for fiscal year 1994 and such sums as may

18 be necessary for each of the four succeeding fiscal years

19 to carry out the Assessment Development and Evaluation

20 Grants Program established under section 218 of this

21 title.

22 TITLE III—STATE AND LOCAL EDUCATION

23 SYSTEMIC IMPROVEMENT

24 CONGRESSIONAL FINDINGS

25 SEC. 301. The Congress finds that—
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1 (1) all students can learn to high standards and

2 must realize their potential if the United States is

3 to prosper;

4 (2) the reforms in education of the last fifteen

5 years have achieved some good results, but these ef6 forts often have been limited to a few schools or to

7 a single part of the educational system;

8 (3) leadership must come both from teachers,

9 related services personnel, principals, and parents in

10 individual schools and from policymakers at the

11 local, State, tribal, and national levels, in order for

12 lasting improvements in student performance to

13 occur;

14 (4) simultaneous top-down and bottom-up edu15 cation reform is necessary to spur creative and inno16 vative approaches by individual schools to help all

17 students achieve internationally competitive stand18 ards;

19 (5) strategies must be developed by commu20 nities and States to support the revitalization of all

21 local public schools by fundamentally changing the

22 entire system of public education through com23 prehensive, coherent, and coordinated improvement;

24 (6) parents, teachers and other local educators,

25 and business, community, and tribal leaders must be
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1 involved in developing systemwide improvement

2 strategies that reflect the needs of their individual

3 communities;

4 (7) State and local education improvement ef5 forts must incorporate strategies for providing stu6 dents and families with coordinated access to appro7 priate social services, health care, nutrition, and

8 child care to remove preventable barriers to learning

9 and enhance school readiness for all students;

10 (8) States and local educational agencies, work11 ing together, must immediately set about developing

12 and implementing such systemwide improvement

13 strategies if the Nation is to educate all children to

14 meet their full potential and achieve the national

15 education goals listed in title I of this Act;

16 (9) State and local systemic improvement strat17 egies must provide all students with effective mecha18 nisms and appropriate paths to the workforce as well

19 as to higher education;

20 (10) business should be encouraged to enter

21 into partnerships with schools, provide information

22 and guidance to schools on the needs of area busi23 ness for properly educated graduates in general and

24 on the need for particular workplace skills that the

25 schools may provide, provide necessary material and
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1 support, and continue the lifelong learning process

2 throughout the employment years of an individual;

3 (11) the appropriate and innovative use of tech4 nology can be very effective in helping to bring all

5 students the opportunity to learn and meet high

6 standards; and

7 (12) Federal funds should be targeted to sup8 port local and State initiatives, and to leverage State

9 and local resources for designing and implementing

10 system-wide improvement plans.

11 PURPOSE

12 SEC. 302. It is the purpose of this title to improve

13 the quality of education for all students by supporting a

14 long-term, broad-based effort to promote coherent and co15 ordinated improvements in the system of education

16 throughout the Nation at the local and State levels. This

17 title provides new authorities and funding for the Nation’s

18 school systems. It does not replace or reduce funding for

19 existing Federal education programs. It is the intention

20 of the Congress that no State or local educational agency

21 will reduce its funding for education or for education re22 form on account of receiving any funds under this title.

23 AUTHORIZATION OF APPROPRIATIONS

24 SEC. 303. For the purpose of carrying out this title,

25 there are authorized to be appropriated $393,000,000 for
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1 the fiscal year 1994, and such sums as may be necessary

2 for each of the fiscal years 1995 through 1998.

3 ALLOTMENT OF FUNDS

4 SEC. 304. (a) RESERVATIONS OF FUNDS.—From

5 funds appropriated under section 303, the Secretary—

6 (1) shall reserve a total of one percent to pro7 vide assistance, in amounts determined by the Sec8 retary—

9 (A) to the outlying areas; and

10 (B) to the Secretary of the Interior to ben11 efit Indian students in schools operated or

12 funded by the Bureau of Indian Affairs; and

13 (2) may reserve a total of up to 6 per centum

14 for—

15 (A) national leadership activities under

16 section 312; and

17 (B) the costs of peer review of State im18 provement plans and applications under this

19 title.

20 (b) STATE ALLOTMENTS.—The Secretary shall allot

21 the remaining amount appropriated under section 303 for

22 each fiscal year to the States as follows:

23 (1) 50 per centum of such remaining amount

24 shall be allocated in accordance with the relative

25 amounts such State received under chapter 1 of title
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1 I of the Elementary and Secondary Education Act

2 of 1965 for the preceding fiscal year.

3 (2) 50 per centum of such remaining amount

4 shall be allocated in accordance with the relative

5 amounts each such State received under part A of

6 chapter 2 of title I of the Elementary and Secondary

7 Education Act of 1965 for the preceding fiscal year.

8 (c) REALLOTMENTS.—If the Secretary determines

9 that any amount of a State’s allotment for any fiscal year

10 under subsection (b) will not be needed for such fiscal year

11 by the State, the Secretary shall reallot such amount to

12 other States that need additional funds, in such manner

13 as the Secretary determines is appropriate.

14 STATE APPLICATIONS

15 SEC. 305. (a) GENERAL.—(1) If a State desires to

16 receive a grant under this title, the State educational

17 agency shall submit an application to the Secretary at

18 such time and in such manner as the Secretary may deter19 mine.

20 (2) In addition to the information described in sub21 sections (b) and (c), each such application shall include—

22 (A) an assurance that the State educational

23 agency will cooperate with the Secretary in carrying

24 out the Secretary’s responsibilities under section

25 312, and will comply with reasonable requests of the

26 Secretary for data related to the State’s progress in
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1 developing and implementing its State improvement

2 plan under this title;

3 (B) an assurance that State law provides ade4 quate authority to carry out each component of the

5 State’s improvement plan developed, or to be devel6 oped under section 306, or that such authority will

7 be sought; and

8 (C) such other assurances and information as

9 the Secretary may require.

10 (b) FIRST YEAR.—A State’s application for the first

11 year of assistance under this title shall—

12 (1) describe the process by which the State will

13 develop a school improvement plan that meets the

14 requirements of section 306; and

15 (2) describe how the State educational agency

16 will use funds received under this title for such year,

17 including how the State educational agency will

18 make subgrants to local educational agencies and for

19 teacher training.

20 (c) SUBSEQUENT YEARS.—A State’s second applica21 tion under this title shall—

22 (1) cover the second through fifth years of its

23 participation—

24 (2) include a copy of the State’s improvement

25 plan that meets the requirements of section 306 or,
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1 if the State plan is not complete, a statement of the

2 steps it will take to complete the plan and a schedule

3 for doing so; and

4 (3) include an explanation of how the State will

5 use funds received under this title, including how it

6 will make subgrants to local educational agencies

7 and for teacher training under section 308(b)(1).

8 STATE IMPROVEMENT PLANS

9 SEC. 306. (a) BASIC SCOPE OF PLAN.—Any

10 State educational agency that wishes to receive a

11 grant under this title after its first year of participa12 tion shall develop and implement a plan for the fun13 damental restructuring and improvement of elemen14 tary and secondary education in the State. This plan

15 must address—

16 (1) in accordance with subsection (c), the estab17 lishment or adoption of challenging content and stu18 dent performance standards for all students and the

19 use of curricula, instructional practices, assessments,

20 technology, and professional preparation and devel21 opment approaches appropriate to help all students

22 reach those standards;

23 (2) in accordance with subsection (d), the es24 tablishment or adoption of opportunity-to-learn

25 standards that will define the conditions of teaching

26 and learning that provide all students the oppor-
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1 tunity to meet the challenging content and student

2 performance standards;

3 (3) in accordance with subsection (e), needed

4 changes in the governance and management of the

5 education system in order to effectively focus schools

6 on, and assist them in, preparing all students to

7 meet the challenging State standards;

8 (4) in accordance with subsection (f), com9 prehensive strategies to involve communities, includ10 ing parents, businesses, libraries, museums, employ11 ment and training agencies, health and human serv12 ice agencies, and other public and private agencies

13 that provide social services, health care, child care,

14 and nutrition to students, in helping all students

15 meet the challenging State standards;

16 (5) in accordance with subsection (g), strategies

17 for ensuring that all local educational agencies and

18 schools within the State are involved in developing

19 and implementing needed improvements within a

20 specified period of time; and

21 (6) in accordance with subsection (h), strategies

22 for ensuring that comprehensive, systemic reform is

23 promoted from the bottom up in communities, local

24 educational agencies, and schools.
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1 (b) PLAN DEVELOPMENT.—(1) A State improvement

2 plan under this title must be developed by a broad-based

3 panel in cooperation with the State educational agency

4 and the Governor. The panel shall include—

5 (A) the Governor and the chief State school of6 ficer, or their designees;

7 (B) the chairman of the State board of edu8 cation and the chairmen of the appropriate authoriz9 ing committees of the State legislature, or their des10 ignees;

11 (C) teachers, principals, and administrators

12 who have successfully improved student perform13 ance;

14 (D) representatives of teachers’ organizations,

15 parents, business and labor leaders, community16 based organizations, local boards of education, State

17 and local officials responsible for health, social serv18 ices, and other related services, and others, as ap19 propriate; and

20 (E) representatives from rural and urban local

21 educational agencies in the State.

22 (2) The Governor and the chief State school officer

23 shall each appoint half the members of the State panel

24 and shall jointly select the Chairperson of the panel.
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1 (3) The membership of the panel shall be geographi2 cally representative of the State and reflect the racial and

3 ethnic diversity of the population of the State.

4 (4) The panel shall consult the Governor, the chief

5 State school officer, the State board of education, and rel6 evant committees of the State legislature in developing the

7 plan.

8 (5) The panel shall be responsible for conducting a

9 statewide, grassroots outreach process, including conduct10 ing public hearings, to involve educators, parents, local of11 ficials, community and business leaders, citizens, chil12 dren’s advocates, and others with a stake in the success

13 of students and their education system, and who are rep14 resentative of the diversity of the State and its student

15 population, in the development of the State plan and in

16 a continuing dialog regarding the need for and nature of

17 challenging standards for students and local and State re18 sponsibilities for helping all students achieve them.

19 (6) The panel shall develop a continuing process for

20 interacting with local educational agencies and individual

21 schools engaged in systemic reform, especially including

22 those local educational agencies and schools receiving

23 subgrants under section 309 of this Act, to ensure that

24 the development and implementation of the State plan re25 flects their needs and experiences.
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1 (7) The panel shall develop a State plan, provide op2 portunity for public comment, and submit the State plan

3 to the State educational agency for approval.

4 (8) The State educational agency shall submit the

5 State’s plan, together with an explanation of any changes

6 made by such agency to the plan developed by the panel,

7 to the Secretary for approval.

8 (9) If any portion of the State’s plan addresses mat9 ters that, under State or other applicable law, are not

10 under the authority of the State educational agency, the

11 State educational agency shall obtain the approval of, or

12 changes to, such portion, with an explanation therefor,

13 from the Governor or other official responsible for that

14 portion before submitting the plan to the Secretary.

15 (10) After approval of the State plan by the Sec16 retary, the panel, in close consultation with teachers, prin17 cipals, administrators, and parents in local educational

18 agencies and schools receiving funds under this title, shall

19 monitor the implementation and effectiveness of the State

20 plan to determine if revisions and appropriate, and shall

21 periodically report its findings to the public.

22 (c) TEACHING, LEARNING, STANDARDS, AND AS23 SESSMENTS.—Each State plan shall establish strategies

24 for improving teaching and learning, including—
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1 (1) a process for developing or adopting chal2 lenging content and student performance standards

3 for all students;

4 (2) a process for providing assistance and sup5 port to local educational agencies and schools to give

6 them the capacity and responsibility to provide all of

7 their students the opportunity to meet challenging

8 State content and student performance standards;

9 (3) a process for developing, adopting, or rec10 ommending instructional materials and technology to

11 support and assist local educational agencies and

12 schools to provide all of their students the oppor13 tunity to meet the challenging State content and

14 student performance standards;

15 (4) a process for developing and implementing

16 a valid and nondiscriminatory assessment system or

17 set of locally-based assessment systems that is capa18 ble of providing coherent information about student

19 attainments relative to the State content standards.

20 The process shall also provide for monitoring the im21 plementation of such system or systems and the im22 pact on improved instruction for all students;

23 (5) a process for improving the State’s system

24 of teacher and school administrator preparation, li25 censure, and continuing professional development so
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1 that all teachers, related services personnel, and ad2 ministrators develop the subject matter and peda3 gogical expertise needed to prepare all students to

4 meet the challenging standards under paragraph (1);

5 (6) a process for providing appropriate and ef6 fective professional development, including the use of

7 technology, necessary for teachers, school adminis8 trators, and others to help all students meet the

9 challenging standards under paragraph (1); and

10 (7) a process to ensure widespread participation

11 of classroom teachers in developing the portions of

12 the plan described in this subsection.

13 (d) OPPORTUNITY-TO-LEARN STANDARDS.—Each

14 State plan shall establish a strategy and timetable for—

15 (1) adopting or establishing opportunity-to16 learn standards;

17 (2) ensuring that every school in the State

18 achieves the State’s opportunity-to-learn standards;

19 (3) ensuring that the State’s opportunity-to20 learn standards address the need of all students; and

21 (4) periodically reporting to the public on the

22 extent of the State’s improvement in achieving such

23 standards and providing all students with a fair op24 portunity to achieve the knowledge and skill levels
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1 that meet the State’s content and student perform2 ance standards.

3 (e) GOVERNANCE AND MANAGEMENT.—Each State

4 plan shall establish strategies for improved governance

5 and management of its education system, such as—

6 (1) aligning responsibility, authority, and ac7 countability throughout the education system, so

8 that decisions regarding content and student per9 formance standards are coordinated and decisions

10 regarding the means for achieving them are made

11 closest to the learners;

12 (2) creating an integrated and coherent ap13 proach to attracting, recruiting, preparing and li14 censing, appraising, rewarding, retaining, and sup15 porting the continued professional development of

16 teachers, administrators, and other educators, in17 cluding bilingual educators, so that there is a highly

18 talented workforce of professional educators capable

19 of preparing all students to reach challenging stand20 ards, with special attention to the recruitment, train21 ing, and retention of qualified minorities into the

22 education profession within the State to ensure that

23 it reflects the racial and ethnic diversity of the stu24 dent population;
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1 (3) providing incentives for high performance,

2 such as—

3 (A) working with employers and institu4 tions of higher education to devise strategies to

5 reward student achievement;

6 (B) incentives for classroom teachers and

7 other professional educators to participate in

8 professional development activities; and

9 (C) school-based incentives for schools and

10 local educational agencies to improve student

11 performance;

12 (4) increasing the proportion of State and local

13 funds allocated to direct instructional purposes; and

14 (5) increasing flexibility for local districts and

15 schools by, for example—

16 (A) waiving State regulations and other re17 quirements that impede educational improve18 ment;

19 (B) focusing accountability on educational

20 outcomes rather than monitoring compliance

21 with input requirements; and

22 (C) fostering conditions that allow teach23 ers, principals, and parents in the school com24 munity to be creative in helping their students

25 meet challenging standards.
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1 (f) PARENTAL AND COMMUNITY SUPPORT AND IN2 VOLVEMENT.—Each State plan shall describe strategies

3 for how the State will develop support for, and help imple4 ment its plan, such as—

5 (1) educating the public about the need for

6 higher standards and systemic improvement;

7 (2) involving parents and communities in the

8 State’s standard-setting and improvement process;

9 (3) reporting, on an ongoing basis, to parents,

10 educators, and the public on the State’s progress in

11 implementing the plan and improving student per12 formance;

13 (4) focusing public and private community re14 sources and public school resources on prevention

15 and early intervention to address the needs of all

16 students by—

17 (A) identifying and removing unnecessary

18 regulations and obstacles to coordination;

19 (B) improving communication and infor20 mation exchange; and

21 (C) providing appropriate training to agen22 cy personnel; and

23 (5) increasing the access of all students to so24 cial services, health care, nutrition, and child care

25 services, and locating such services in schools, co-
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1 operating service agencies, community-based centers,

2 or other convenient sites designed to provide ‘‘one3 stop shopping’’ for parents and students.

4 (g) MAKING THE IMPROVEMENTS SYSTEMWIDE.—To

5 help provide all students throughout the State the oppor6 tunity to meet challenging State standards, each State

7 plan shall describe strategies such as—

8 (1) ensuring that the improvement efforts ex9 pand from the initial local educational agencies,

10 schools, and educators involved to all local edu11 cational agencies, schools, and educators in the

12 State education system through such approaches as

13 teacher and administrator professional development;

14 technical assistance; whole school projects; intensive

15 summer training; and networking of teachers and

16 other educators, consortia of schools, and local edu17 cational agencies undertaking similar improvements;

18 (2) developing partnerships among preschools,

19 elementary and secondary schools, institutions of

20 higher education, health and social service providers,

21 and employers to improve teaching and learning at

22 all levels of the education system and to foster col23 laboration and continuous improvement;

24 (3) strategies to provide for the close coordina25 tion of standards development and improvement ef-
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1 forts among institutions of higher education and sec2 ondary, middle, and elementary schools;

3 (4) conducting outreach programs aimed at

4 parents whose language is a language other than

5 English, and other special populations, including

6 Native Americans, to involve all segments of the

7 community in the development of the State plan;

8 (5) developing partnerships with tribes and

9 BIA-funded schools, where appropriate, to improve

10 consistency and compatibility in curriculum among

11 public and BIA-funded schools at all grade levels;

12 (6) allocating all available local, State, and Fed13 eral resources to achieve system-wide improvement;

14 (7) providing for the development of objective

15 criteria and measures against which the success of

16 local plans will be evaluated;

17 (8) providing for the availability of curricular

18 materials, learning technologies, and professional de19 velopment in a manner ensuring equal access by all

20 local educational agencies in the State;

21 (9) taking steps to ensure that all local edu22 cational agencies, schools, and educators in the

23 State benefit from successful programs and practices

24 supported by funds made available to local edu25 cational agencies and schools under this title; and
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1 (10) providing remedial assistance to students,

2 teachers, schools, and local educational agencies that

3 are identified through the assessment system devel4 oped under subsection (c)(4) as needing such assist5 ance.

6 (h) PROMOTING BOTTOM-UP REFORM.—Each State

7 plan shall include strategies for ensuring that comprehen8 sive, systemic reform is promoted from the bottom up in

9 communities, local educational agencies, and schools, as

10 well as guided by coordination and facilitation from State

11 leaders, including strategies such as—

12 (1) ensuring that the State plan is responsive to

13 the needs and experiences of local educational agen14 cies, schools, teachers, and community leaders;

15 (2) establishing mechanisms for continuous

16 input from local schools, communities, colleges, and

17 school districts into, and feedback on, the implemen18 tation of the State plan;

19 (3) providing discretionary resources that en20 able teachers and schools to purchase needed profes21 sional development and other forms of assistance

22 consistent with their improvement plan from high23 quality providers of their choice;
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1 (4) establishing collaborative networks of teach2 ers centered on content standards and assessments

3 for the purpose of improving teaching and learning;

4 (5) providing flexibility to individual schools

5 and local educational agencies to enable them to

6 adapt and integrate State content standards into

7 courses of study appropriate for individual schools

8 and communities;

9 (6) facilitating the provision of waivers from

10 State rules and regulations that local educational

11 agencies or schools believe would promote innovation

12 and enhance school performance; and

13 (7) facilitating communication among educators

14 within and between districts for the purpose of shar15 ing innovative and effective practices, including

16 through the use of telecommunications, site visits,

17 and other means.

18 (i) BENCHMARKS AND TIMELINES.—Each State plan

19 shall include specific benchmarks of improved student per20 formance and of progress in implementing the improve21 ment plan, and timelines against which the progress of

22 the State in carrying out its plan, including the elements

23 described in subsections (c) through (h), can be measured.

24 (j) PEER REVIEW AND SECRETARIAL APPROVAL.—

25 (1) The Secretary shall review each State improvement
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1 plan prepared under this section, and each application

2 submitted under section 305, with the assistance and ad3 vice of State and local education policymakers, educators,

4 classroom teachers, experts on educational innovation and

5 improvement, and other appropriate individuals. The peer

6 review process shall be representative of the geographic,

7 racial, and cultural diversity of the United States. The re8 view process shall include at least one site visit to each

9 State.

10 (2) The Secretary shall approve a State’s plan when

11 the Secretary determines, after considering the peer re12 viewers’ comment, that it—

13 (A) reflects a widespread commitment within

14 the State; and

15 (B) holds reasonable promise of helping all stu16 dents.

17 (3) The Secretary shall not decline to approve a

18 State’s plan, or any State application submitted under sec19 tion 305, before offering the State—

20 (A) an opportunity to revise its plan or applica21 tion; and

22 (B) a hearing.

23 (k) AMENDMENTS TO PLAN.—(1) Each State shall

24 periodically review its plan and revise it, as appropriate,

25 in accordance with the process described in subsection (b).
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1 (2) The Secretary shall review major amendments to

2 a State’s plan through the same process, described in sub3 section (j), used to review the original plan.

4 (l) PREEXISTING STATE PLANS AND PANELS.—(1) If

5 a State has developed a comprehensive and systemic im6 provement plan to help all students meet challenging

7 standards, or any component of such a plan, that other8 wise meets the requirements of this section, the Secretary

9 may approve such plan or component notwithstanding that

10 it was not developed in accordance with subsection (b),

11 if the Secretary determines that such approval would fur12 ther the purposes of the State systemic education improve13 ment.

14 (2) If, before the enactment of this Act, a State has

15 made substantial progress in developing a plan that other16 wise meets, or is likely to meet, the requirements of this

17 section, but was developed by a panel that does not meet

18 the requirements of subsection (b)(1)–(3), the Secretary

19 may, at the request of the Governor and the State edu20 cational agency, treat that panel as meeting those require21 ments for all purposes of this title if the Secretary deter22 mines that there has been substantial public involvement

23 in the development of the plan.

24 SECRETARY’S REVIEW OF APPLICATIONS; PAYMENTS

25 SEC. 307. (a) FIRST YEAR.—The Secretary shall ap26 prove the State educational agency’s initial year applica-
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1 tion under section 305(b) if the Secretary determines

2 that—

3 (1) it meets the requirements of this title; and

4 (2) there is a substantial likelihood that the

5 State will be able to develop and implement an edu6 cation improvement plan that complies with section

7 306.

8 (b) SECOND THROUGH FIFTH YEARS.—The Sec9 retary shall approve the State educational agency’s re10 newal application under section 305(c)(1) for years two

11 through five only if—

12 (1)(A) the Secretary has approved the State’s

13 improvement plan under section 306(j); or

14 (B) the Secretary determines that the State has

15 made substantial progress in developing its plan;

16 and

17 (2) the application meets the other require18 ments of this title.

19 (c) PAYMENTS.—For any fiscal year for which a

20 State has an approved application under this title, the Sec21 retary shall make a grant to the State educational agency

22 in the amount determined under section 304(b).

23 STATE USE OF FUNDS

24 SEC. 308. (a) FIRST YEAR.—In the first year for

25 which a State educational agency receives a grant under

26 this title, the State—
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1 (1) shall use at least 50 per centum of such

2 funds to make subgrants, in accordance with section

3 309(a), to local educational agencies for the develop4 ment or implementation of local improvement plans

5 and to make subgrants, in accordance with section

6 309(b), to improve educator preservice programs

7 and for professional development activities consistent

8 with the State plan, if the amount allocated to

9 States under section 304(b) for such year is at least

10 $100,000,000. The State may use such funds for

11 such subgrants if such amount is less than

12 $100,000,000; and

13 (2) shall use the remainder of such funds to de14 velop, revise, expand, or implement an education im15 provement plan described in section 306.

16 (b) SUCCEEDING YEARS.—A State that receives as17 sistance under this title for any year after the first year

18 of participation shall—

19 (1) use at least 85 per centum of such assist20 ance in each succeeding year to make subgrants—

21 (A) to local educational agencies, in ac22 cordance with section 309(a), for the implemen23 tation of the State improvement plan and of

24 local improvement plans; and
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1 (B) in accordance with section 309(b), to

2 improve educator preservice programs and for

3 professional development activities that are con4 sistent with the State improvement plan; and

5 (2) shall use the remainder of such assistance

6 for State activities designed to implement its im7 provement plan, such as—

8 (A) supporting the development or adop9 tion of State content and student performance

10 standards, State opportunity-to-learn standards,

11 and assessment tools linked to the standards,

12 including through consortia of States and in

13 conjunction with the National Education Stand14 ards and Improvement Council established

15 under part B of title II of this Act;

16 (B) supporting the implementation of high17 performance management and organizational

18 strategies, such as site-based management,

19 shared decisionmaking, or quality management

20 principles, to promote effective implementation

21 of such plan;

22 (C) supporting the development and imple23 mentation, at the local educational agency and

24 school building level, of improved human re25 source development systems for recruiting, se-
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1 lecting, mentoring, supporting, evaluating, and

2 rewarding educators;

3 (D) providing special attention to the

4 needs of minority and female students, includ5 ing instructional programs and activities that

6 encourage such students in elementary and sec7 ondary schools to aspire to enter and complete

8 higher education;

9 (E) supporting the development, at the

10 State or local level, of performance-based ac11 countability and incentive systems for schools;

12 (F) outreach to parents, tribal officials,

13 classroom teachers and other educators, and the

14 public related to education improvement;

15 (G) providing technical assistance and

16 other services to increase the capacity of local

17 educational agencies and schools to develop and

18 implement local systemic improvement plans,

19 implement new assessments, and develop curric20 ula consistent with the State’s content and stu21 dent performance standards;

22 (H) promoting public magnet schools, pub23 lic ‘‘charter schools’’, and other mechanisms for

24 increasing choice among public schools; and

25 (I) Collecting and analyzing data.
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1 (c) LIMIT ON ADMINISTRATIVE COSTS.—In each

2 year, a State may use not more than four per centum of

3 its annual allotment under this title, or $100,000, which4 ever is greater, for administrative expenses, not including

5 the activities of the panel established under section

6 306(b)(1).

7 SUBGRANTS FOR LOCAL REFORM AND PROFESSIONAL

8 DEVELOPMENT

9 SEC. 309. (a) SUBGRANTS TO LOCAL EDUCATIONAL

10 AGENCIES.—(1)(A) Each State educational agency shall

11 make subgrants to local educational agencies under sec12 tion 308(a)(1) and (b)(1)(A) through a competitive proc13 ess.

14 (B) Each subgrant shall be for a project of sufficient

15 duration and of sufficient size, scope, and quality to carry

16 out the purpose of this title effectively.

17 (2) Each local educational agency wishing to receive

18 a subgrant under this subsection shall submit an applica19 tion to the State educational agency that—

20 (A) is developed by a broad-based panel, ap21 pointed by the local educational agency, that is rep22 resentative of the racial, language, ethnic, and socio23 economic diversity of the students and community

24 and includes teachers, parents, school administra25 tors, business representatives, and others, as appro26 priate, and is approved by the local educational
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1 agency, with any modifications the local educational

2 agency deems appropriate;

3 (B) includes, not later than the beginning of

4 the second year for which assistance is sought, a

5 comprehensive local plan for districtwide education

6 improvement, directed at enabling all students to

7 meet the State’s challenging content and student

8 performance standards, including specific goals and

9 benchmarks, that is consistent with the State’s im10 provement plan (either approved or under develop11 ment) and includes a strategy for—

12 (i) ensuring that all students have a fair

13 opportunity to learn;

14 (ii) improving teaching and learning;

15 (iii) improving governance and manage16 ment;

17 (iv) generating and maintaining parental

18 and community involvement; and

19 (v) expanding improvements throughout

20 the local educational agency;

21 (C) describes how the local educational agency

22 will encourage and assist schools to develop com23 prehensive school improvement plans that focus on

24 helping all students reach challenging content and

25 student performance standards and that address
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1 each element of the local educational agency’s im2 provement plan identified in subparagraph (B);

3 (D) describes how the local educational agency

4 will implement specific programs aimed at ensuring

5 improvements in school readiness and the ability of

6 students to learn effectively at all grade levels by

7 identifying the most pressing needs facing students

8 and their families with regard to social services,

9 health care, nutrition, and child care, and entering

10 into partnerships with public and private agencies to

11 increase the access of students and families to co12 ordinated services in a school setting or at a nearby

13 site;

14 (E) describes how the subgrant funds would be

15 used by the local educational agency, and the proce16 dures to be used to make funds available to schools

17 in accordance with paragraph (4)(A);

18 (F) identifies, with an explanation, any State or

19 Federal requirements that the local educational

20 agency believes impede educational improvement and

21 that it requests be waived in accordance with section

22 310, which requests shall promptly be transmitted to

23 the Secretary by the State educational agency; and

24 (G) contains such other information as the

25 State educational agency may reasonably require.
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1 (3) The panel appointed under paragraph (2)(A)

2 shall, after approval of the local educational agency’s ap3 plication by the State educational agency, monitor the im4 plementation and effectiveness of the local improvement

5 plan in close consultation with teachers, principals, admin6 istrators, and parents from schools receiving funds under

7 this title, to determine if revisions to the local plan should

8 be recommended to the local educational agency. The

9 panel shall make public its findings.

10 (4)(A) A local educational agency that receives a

11 subgrant under this subsection shall—

12 (i) in the first year, use no more than 25 per13 cent of those funds to develop a local improvement

14 plan or for any local district activities approved by

15 the State educational agency that are reasonably re16 lated to carrying out the State or local improvement

17 plans, and not less than 75 per centum of such

18 funds to support individual school improvement ini19 tiatives directly related to providing all students in

20 the school the opportunity to meet challenging State

21 content and student performance standards; and

22 (ii) in subsequent years, use those funds for any

23 activities approved by the State educational agency

24 that are reasonably related to carrying out the State

25 or local improvement plans, except that at least 85
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1 per centum of such funds shall be made available to

2 individual schools to develop and implement com3 prehensive school improvement plans designed to

4 help all students meet challenging State content

5 standards.

6 (B) At least 50 per centum of the funds made avail7 able by a local educational agency to individual schools

8 under this section in any fiscal year shall be made avail9 able to schools with a special need for such assistance,

10 as indicated by a high number or percentage of students

11 from low-income families, low student achievement, or

12 other similar criteria developed by the local educational

13 agency.

14 (b) SUBGRANTS FOR PRESERVICE TEACHER EDU15 CATION AND PROFESSIONAL DEVELOPMENT ACTIVI16 TIES.—(1) (A) Each State educational agency shall make

17 subgrants to consortia of local educational agencies, insti18 tutions of higher education, private nonprofit organiza19 tions, or combinations thereof, under section 308(a)(1)

20 and (b)(1) through a competitive, peer-reviewed process

21 to—

22 (i) improve preservice teacher education pro23 grams consistent with the State plan; and
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1 (ii) support continuing, sustained professional

2 development activities for educators consistent with

3 the State plan.

4 (B)(i) In order to apply for a subgrant described in

5 subparagraph (A)(i), a consortium must include at least

6 one local educational agency and at least one institution

7 of higher education.

8 (ii) In order to apply for a subgrant described

9 in subparagraph (A)(ii), a consortium must include

10 at least one local educational agency.

11 (2) A consortium that wishes to receive a subgrant

12 under this subsection shall submit an application to the

13 State educational agency that—

14 (A) describes how the applicant will use the

15 subgrant to improve teacher preservice and school

16 administrator education programs or to implement

17 educator professional development activities consist18 ent with the State plan;

19 (B) identifies the criteria to be used by the ap20 plicant to judge improvements in preservice edu21 cation or the effects of professional development ac22 tivities consistent with the State plan; and

23 (C) contains any other information that the

24 State educational agency determines is appropriate.
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1 (3) A recipient of a subgrant under this subsection

2 shall use the subgrant funds for activities supporting—

3 (A) the improvement of preservice teacher edu4 cation and school administrator programs so that

5 such programs equip educators with the subject

6 matter and pedagogical expertise necessary for pre7 paring all students to meet challenging standards; or

8 (B) the development and implementation of new

9 and improved forms of continuing and sustained

10 professional development opportunities for teachers,

11 principals, and other educators at the school or dis12 trict level that equip educators with such expertise,

13 and with other knowledge and skills necessary for

14 leading and participating in continuous education

15 improvement.

16 (c) SPECIAL AWARD RULE.—(1) Each State edu17 cational agency shall award at least at 50 per centum of

18 subgrant funds under subsection (a) in each fiscal year

19 to local educational agencies that have a greater percent20 age or number of disadvantaged children than the state21 wide average percentage or number for all local edu22 cational agencies in the State.

23 (2) The State educational agency may waive the re24 quirement of paragraph (1) if it does not receive a suffi-
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1 cient number of applications to comply with such require2 ment.

3 WAIVERS OF STATUTORY AND REGULATORY

4 REQUIREMENTS

5 SEC. 310. (a) GENERAL.—(1) Except as provided in

6 subsection (c), the Secretary may waive any requirement

7 of any statute listed in subsection (b) or of the regulations

8 issued under such statute for a State educational agency,

9 local educational agency, or school that requests such a

10 waiver—

11 (A) if, and only to the extent that, the Sec12 retary determines that such requirement impedes the

13 ability of the State, or of a local educational agency

14 or school in the State, to carry out the State or local

15 education improvement plan;

16 (B) if the State educational agency has waived,

17 or agrees to waive, similar requirements of State

18 law; and

19 (C) if, in the case of a Statewide waiver, the

20 State educational agency—

21 (i) provides all local educational agencies

22 in the State with notice and an opportunity to

23 comment on the State educational agency’s pro24 posal to seek a waiver; and

25 (ii) submits the local educational agencies’

26 comments to the Secretary.
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1 (2) The Secretary shall act promptly on any such re2 quest.

3 (3) Each such waiver shall be for a period not to ex4 ceed three years. The Secretary may extend such period

5 if the Secretary determines that the waiver has been effec6 tive in enabling the State or affected local educational

7 agencies to carry out their reform plans.

8 (b) INCLUDED PROGRAMS.—The statutes subject to

9 the waiver authority of this section are as follows:

10 (1) Chapter 1 of title I of the Elementary and

11 Secondary Education Act of 1965, including the

12 Even Start Act.

13 (2) Part A of chapter 2 of title I of the Elemen14 tary and Secondary Education Act of 1965.

15 (3) The Dwight D. Eisenhower Mathematics

16 and Science Education Act (title II, part A of the

17 Elementary and Secondary Education Act of 1965).

18 (4) The Emergency Immigrant Education Act

19 of 1984 (title IV, part D of the Elementary and Sec20 ondary Education Act of 1965).

21 (5) The Drug-Free Schools and Communities

22 Act of 1986 (title V of the Elementary and Second23 ary Education Act of 1965).

24 (6) The Carl D. Perkins Vocational and Applied

25 Technology Education Act.
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1 (c) WAIVERS NOT AUTHORIZED.—The Secretary

2 may not waive any statutory or regulatory requirement of

3 the programs listed in subsection (b) relating to—

4 (1) maintenance of effort;

5 (2) comparability of services;

6 (3) the equitable participation of students at7 tending private schools;

8 (4) parental participation and involvement; or

9 (5) the distribution of funds to State or to local

10 educational agencies.

11 (d) TERMINATION OF WAIVERS.—The Secretary

12 shall periodically review the performance of any State,

13 local educational agency, or school for which the Secretary

14 has granted a waiver and shall terminate the waiver if he

15 or she determines that the performance of the State, the

16 local educational agency, or the school in the area affected

17 by the waiver has been inadequate to justify a continu18 ation of the waiver.

19 PROGRESS REPORTS

20 SEC. 311. (a) STATE REPORTS TO THE SEC21 RETARY.—Each State educational agency that receives

22 funds under this title shall annually report to the Sec23 retary—

24 (1) on the State’s progress in meeting its goals

25 and plans;
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1 (2) on the State’s proposed activities for the

2 succeeding year; and

3 (3) in summary form, on the progress of local

4 educational agencies in meeting local goals and

5 plans.

6 (b) SECRETARY’S REPORTS TO CONGRESS.—By

7 April 30, 1996, and every two years thereafter, the Sec8 retary shall submit a report to the Committee on Edu9 cation and Labor of the House of Representatives and the

10 Committee on Labor and Human Resources of the Senate

11 describing the activities and outcomes of grants under—

12 (1) section 219 of this Act, including—

13 (A) a description of the purpose, uses, and

14 technical merit of assessments evaluated with

15 funds under such section; and

16 (B) an analysis of the impact of such as17 sessments on the performance of students, par18 ticularly those of different racial, gender, eth19 nic, or language groups; and

20 (2) this title, including a description of the ef21 fect of waivers granted under section 310.

22 NATIONAL LEADERSHIP

23 SEC. 312. (a) ACTIVITIES AUTHORIZED.—From

24 funds reserved each year under section 304(a)(2)(A), the

25 Secretary may, directly or through grants or contracts—
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1 (1) provide technical assistance to States and

2 local educational agencies developing or implement3 ing school improvement plans, in a manner that en4 sures that each such State has access to such assist5 ance;

6 (2) gather data on, conduct research on, and

7 evaluate systemic education improvement, including

8 the programs authorized by this title; and

9 (3) disseminate research findings and other in10 formation on systemic education improvement.

11 (b) RESERVATION OF FUNDS.—The Secretary shall

12 use at least 50 per centum of the funds reserved each year

13 under section 304(a)(2)(A) to make grants, consistent

14 with those provisions of section 309(a) that the Secretary

15 finds appropriate, to urban and rural local educational

16 agencies with large numbers or concentrations of students

17 who are economically disadvantaged or who have limited

18 English proficiency, to assist those agencies develop and

19 implement local school improvement plans.

20 ASSISTANCE TO THE OUTLYING AREAS AND TO THE

21 SECRETARY OF THE INTERIOR

22 SEC. 313. (a) OUTLYING AREAS.—(1) Funds re23 served for the outlying areas under section 304(a)(1)(A)

24 shall be made available to, and expended by, such areas,

25 under such conditions and in such manner as the Sec26 retary determines will best meet the purposes of this title.
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1 (2) The provisions of Public Law 95–134, per2 mitting the consolidation of grants to the insular

3 areas, shall not apply to funds received by such

4 areas under this title.

5 (b) SECRETARY OF THE INTERIOR.—The funds re6 served by the Secretary for the Secretary of the Interior

7 under section 304(a)(1)(B) shall be made available to the

8 Secretary of the Interior pursuant to an agreement be9 tween the Secretary and the Secretary of the Interior con10 taining such terms and assurances, consistent with this

11 title, as the Secretary determines will best achieve the pur12 pose of this title.

13 (c) SECRETARY OF DEFENSE.—The Secretary shall

14 consult with the Secretary of Defense to ensure that, to

15 the extent practicable, the purposes of this title are applied

16 to the Department of Defense schools.

17 TITLE IV—NATIONAL SKILL STANDARDS

18 BOARD

19 PURPOSE

20 SEC. 401. It is the purpose of this title to stimulate

21 the development and adoption of a voluntary national sys22 tem of skill standards and certification to serve as a cor23 nerstone of the national strategy to enhance workforce

24 skills, and that can be used—
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1 (1) by the Nation, to ensure the development of

2 a high skills, high quality, high performance

3 workforce, including the most skilled front-line

4 workforce in the world, and that will result in in5 creased productivity, economic growth and American

6 economic competitiveness;

7 (2) by industries, as a vehicle for informing

8 training providers and prospective employees of

9 skills necessary for employment;

10 (3) by employers, to assist in evaluating the

11 skill levels of prospective employees and to assist in

12 the training of current employees;

13 (4) by labor organizations, to enhance the em14 ployment security of workers by providing portable

15 credentials and skills;

16 (5) by workers, to obtain certifications of their

17 skills to protect against dislocation, to pursue career

18 advancement, and to enhance their ability to reenter

19 the workforce;

20 (6) by students and entry level workers, to de21 termine the skill levels and competencies needed to

22 be obtained in order to compete effectively for high

23 wage jobs;

24 (7) by training providers and educators, to de25 termine appropriate training services to offer;
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1 (8) by Government, to protect the integrity of

2 public expenditures by ensuring that publicly-funded,

3 employment-related training meets industry stand4 ards where they exist; and

5 (9) to facilitate linkages between other compo6 nents of the workforce investment strategy, includ7 ing school-to-work transition and job training pro8 grams.

9 ESTABLISHMENT OF NATIONAL BOARD

10 SEC. 402. (a) IN GENERAL.—There is established a

11 National Skill Standards Board (hereafter referred to in

12 this title as the ‘‘National Board’’).

13 (b) COMPOSITION.—

14 (1) IN GENERAL.—The National Board shall be

15 composed of 28 members, appointed in accordance

16 with paragraph (2), of whom—

17 (A) one member shall be the Secretary of

18 Labor;

19 (B) one member shall be the Secretary of

20 Education;

21 (C) one member shall be the Secretary of

22 Commerce;

23 (D) one member shall be the Chairperson

24 of the National Education Standards and Im25 provement Council established pursuant to title

26 II of this Act;
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1 (E) eight members shall be representatives

2 of business and industry selected from among

3 individuals recommended by business organiza4 tions and trade associations;

5 (F) eight members shall be representatives

6 of organized labor selected from among individ7 uals recommended by recognized national labor

8 federations; and

9 (G) eight members shall be representatives

10 of educational institutions, technical associa11 tions, community-based organizations and State

12 governments who have expertise in the area of

13 education and training and who have expertise

14 that reflects a broad cross-section of occupa15 tions and industries.

16 (2) APPOINTMENT.—The membership of the

17 National Board shall be appointed as follows:

18 (A) Twelve members (four from each class

19 of members described in subparagraphs (E),

20 (F), and (G) of paragraph (1)) shall be ap21 pointed by the President.

22 (B) Six members (two from each class of

23 members described in subparagraphs (E), (F),

24 and (G) of paragraph (1)) shall be appointed by

25 the Speaker of the House of Representatives,
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1 upon the recommendations of the Majority and

2 Minority Leaders of the House, respectively.

3 (C) Six members (two from each class of

4 members described in subparagraphs (E), (F),

5 and (G) of paragraph (1)) shall be appointed by

6 the President pro tempore of the Senate, upon

7 the recommendations of the Majority and Mi8 nority Leaders of the Senate, respectively.

9 (3) TERM.—Each member of the National

10 Board appointed under subparagraphs (E), (F), and

11 (G) of paragraph (1) shall be appointed for a term

12 of four years, except that of the initial members of

13 the Board appointed under such paragraph, twelve

14 members shall be appointed for a term of three

15 years (four from each class of members described in

16 subparagraphs (E), (F), and (G) of paragraph (1),

17 of whom two from each class shall be appointed in

18 accordance with paragraph (2)(A), one from each

19 class shall be appointed in accordance with para20 graph (2)(B), and one from each class shall be ap21 pointed in accordance with paragraph (2)(C)), and

22 twelve members shall be appointed for a term of

23 four years (four from each class of members de24 scribed in subparagraphs (E), (F), and (G) of para25 graph (1), of whom two from each class shall be ap-
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1 pointed in accordance with paragraph (2)(A), one

2 from each class shall be appointed in accordance

3 with paragraph (2)(B), and one from each class

4 shall be appointed in accordance with paragraph

5 (2)(C)).

6 (c) CHAIRPERSON AND VICE CHAIRPERSONS.—

7 (1) CHAIRPERSON.—The Chairperson of the

8 National Board shall be elected biennially from

9 among the members of the National Board by a ma10 jority vote of such members.

11 (2) VICE CHAIRPERSONS.—The National Board

12 shall annually elect three Vice Chairpersons (each

13 representing a different one of the classes of mem14 bers described in subparagraphs (E), (F), and (G)

15 of paragraph (1)) from among its members ap16 pointed under paragraph (2), each of whom shall

17 serve for a term of one year.

18 (d) COMPENSATION AND EXPENSES.—

19 (1) COMPENSATION.—Members of the National

20 Board who are not regular full-time employees of the

21 United States Government shall serve without com22 pensation.

23 (2) EXPENSES.—While away from their homes

24 or regular places of business on the business of the

25 National Board, members of such Board shall re-
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1 ceive payment for necessary travel expenses in ac2 cordance with subchapter I of chapter 57, title 5,

3 United States Code.

4 (e) EXECUTIVE DIRECTOR AND STAFF.—The Chair5 person of the National Board shall appoint an Executive

6 Director, who shall be compensated at a rate determined

7 by the National Board that shall not exceed the rate of

8 pay for level V of the Executive Schedule under section

9 5316 of title 5, United States Code, and who may appoint

10 such staff as is necessary in accordance with title 5, Unit11 ed States Code.

12 (f) GIFTS.—The National Board is authorized, in

13 carrying out this title, to accept, purchase, or lease, and

14 employ or dispose of in furtherance of the purposes of this

15 title, any money or property, real, personal, or mixed, tan16 gible or intangible, received by gift, devise, bequest, or oth17 erwise, and to accept voluntary and uncompensated serv18 ices notwithstanding the provisions of section 1342 of title

19 31, United States Code.

20 (g) AGENCY SUPPORT.—

21 (1) USE OF FACILITIES.—The National Board

22 may use the research, equipment, services and facili23 ties of any agency or instrumentality of the United

24 States with the consent of such agency or instru25 mentality.
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1 (2) STAFF OF FEDERAL AGENCIES.—Upon the

2 request of the National Board, the head of any de3 partment or agency of the United States may detail

4 to the National Board, on a reimbursable basis, any

5 of the personnel of such department or agency to as6 sist the National Board in carrying out this title.

7 FUNCTIONS OF THE NATIONAL BOARD

8 SEC. 403. (a) IDENTIFICATION OF OCCUPATIONS.—

9 The National Board shall identify broad clusters of major

10 occupations that involve one or more than one industry

11 in the United States.

12 (b) DEVELOPMENT OF SKILL STANDARDS.—With re13 spect to each broadly based occupational cluster identified

14 pursuant to subsection (a), the National Board shall en15 courage, promote, and assist in the voluntary development

16 and adoption by the groups described in subsection (c)

17 of—

18 (1) skill standards, which at a minimum—

19 (A) take into account, to the extent prac20 ticable, standards used in other countries and

21 international standards;

22 (B) take into account content and perform23 ance standards certified pursuant to title II of

24 this Act;

25 (C) take into account the requirements of

26 high performance work organizations;
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1 (D) are in a form that allows for regular

2 updating to take into account advances in tech3 nology or other developments within the occupa4 tional cluster;

5 (E) are formulated in such a manner that

6 the attainment of such standards is likely to

7 meet the requirements for transferable credit

8 and enable a student, trainee, or employee to

9 continue education and training, with a special

10 emphasis on transferability among firms and

11 labor markets; and

12 (F) are not discriminatory with respect to

13 race, gender, age, ethnicity, disability or na14 tional origin;

15 (2) a system of assessment and certification of

16 the attainment of skill standards developed pursuant

17 to paragraph (1), which at a minimum shall—

18 (A) take into account, to the extent prac19 ticable, methods of assessment and certification

20 used in other countries;

21 (B) utilize a variety of evaluation tech22 niques, such as oral and written evaluations,

23 portfolio assessments and, where appropriate,

24 performance tests;
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1 (C) include methods for validating the fair2 ness and effectiveness of the assessment and

3 certification system; and

4 (D) utilize certification techniques that are

5 designed to avoid disparate impacts (which, for

6 the the purposes of this subparagraph, means

7 substantially different rates of certification)

8 against individuals based on race, gender, age,

9 ethnicity, disability or national origin;

10 (3) a system to evaluate the implementation of

11 the skill standards, and assessment and certification

12 systems developed pursuant to this subsection;

13 (4) a system to promote the use of and dissemi14 nate information relating to skill standards, and as15 sessment and certification systems developed pursu16 ant to this subsection; and

17 (5) a system to periodically revise and update

18 the skill standards, and assessment and certification

19 systems developed pursuant to this subsection, which

20 will take into account changes in standards in other

21 countries.

22 (c) PARTICIPATION OF REPRESENTATIVES.—(1) In

23 order to carry out subsection (b), the National Board shall

24 invite and obtain the full and balanced participation of—
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1 (A) representatives of business and industry

2 who have expertise in the area of workforce skill re3 quirements, including representatives of large and

4 small employers, recommended by national business

5 organizations and trade associations representing

6 employers in the occupation or industry for which a

7 standard is being developed, and representatives of

8 trade associations that have received demonstration

9 grants from the Department of Labor or the De10 partment of Education to establish skill standards

11 prior to the enactment of this title;

12 (B) employee representatives who have exper13 tise in the area of workforce skill requirements and

14 who shall be—

15 (i) individuals recommended by recognized

16 national labor organizations representing em17 ployees in the occupation or industry for which

18 a standard is being developed; and

19 (ii) such other individuals who are

20 nonmanagerial employees with significant expe21 rience and tenure in such occupation or indus22 try as are appropriate given the nature and

23 structure of employment in the occupation or

24 industry; and
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1 (C) representatives of educational institutions,

2 including representatives of high schools, technical

3 and trade schools, junior and community colleges,

4 and four-year postsecondary institutions, and rep5 resentatives of technical associations, community6 based organizations, State governments, State agen7 cies with jurisdiction over education, employment

8 and training, and other policy development organiza9 tions with expertise in the area of workforce skill re10 quirements.

11 (2) The National Board may supplement the invita12 tions and participation provided for in paragraph (1) by

13 inviting and soliciting the participation of such other indi14 viduals as the National Board deems to be independent,

15 qualified experts in their fields.

16 (d) ENDORSEMENT OF STANDARDS.—The National

17 Board shall endorse those skill standards, assessment and

18 certification systems and systems for evaluating, dissemi19 nating and updating such standards and assessment and

20 certification systems described in subsection (b), that the

21 National Board determines, after public review and com22 ment, meet the requirements of this section and are appro23 priate for the industry or occupation.

24 (e) LIMITATIONS.—The National Board shall not

25 carry out the requirements of subsections (b), (c) or (d)
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1 with respect to any occupation or trade within the con2 struction industry for which recognized apprenticeship

3 standards have been jointly developed by labor and man4 agement representatives and are being actively used for

5 training workers in such occupation or trade unless labor

6 and management representatives of such occupation or

7 trade and representatives of certified apprenticeship pro8 grams within such occupation or trade jointly request the

9 assistance of the National Board.

10 (f) COORDINATION.—The National Board shall es11 tablish cooperative arrangements with the National Edu12 cation Standards and Improvement Council to promote

13 the coordination of the development of skill standards

14 under this title with the development of content and per15 formance standards under title II of this Act.

16 (g) ADDITIONAL DUTIES.—In order to support the

17 activities described in subsection (b), the National Board

18 shall—

19 (1) conduct workforce research relating to skill

20 standards and make such research available to the

21 public, including the representatives described in

22 subsection (c);

23 (2) identify and maintain a catalog of skill

24 standards used by other countries and by States and

25 leading firms and industries in the United States;
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1 (3) serve as a clearinghouse to facilitate the

2 sharing of information on the development of skill

3 standards and other relevant information among

4 representatives of occupations and industries identi5 fied pursuant to subsection (a);

6 (4) develop a common nomenclature relating to

7 skill standards;

8 (5) encourage the development and adoption, in

9 accordance with the participation requirements of

10 subsection (c), of curricula and training materials,

11 for attaining the skill standards developed pursuant

12 to subsection (b), that include structured work expe13 riences and related study programs leading to pro14 gressive levels of professional and technical certifi15 cation;

16 (6) provide appropriate technical assistance;

17 and

18 (7) develop long-term strategic plans relating to

19 the development and utilization of skill standards.

20 (h) FINANCIAL ASSISTANCE.—From funds appro21 priated pursuant to section 406, the Secretary of Labor

22 may award grants and enter into contracts and coopera23 tive arrangements that are requested by the National

24 Board for the purposes of carrying out this title.
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1 DEADLINES

2 SEC. 404. No later than December 31, 1995, the Na3 tional Board shall—

4 (1) identify occupational clusters pursuant to

5 section 403(a) representing a substantial portion of

6 the workforce; and

7 (2) ensure the development of an initial set of

8 skill standards in accordance with section 403(b) for

9 such clusters, to be updated as appropriate.

10 REPORTS

11 SEC. 405. The National Board shall submit to the

12 President and the Congress in each fiscal year a report

13 on the activities conducted under this title, including the

14 extent to which skill standards have been adopted by em15 ployers, training providers, and other entities and the ef16 fectiveness of such standards in accomplishing the pur17 poses described in section 401.

18 AUTHORIZATION OF APPROPRIATIONS

19 SEC. 406. (a) IN GENERAL.—There are authorized

20 to be appropriated $15,000,000 for fiscal year 1994 and

21 such sums as may be necessary for each of fiscal years

22 1995 through 1999 to carry out this title.

23 (b) AVAILABILITY.—Amounts appropriated pursuant

24 to subsection (a) shall remain available until expended.
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1 TITLE V—MISCELLANEOUS

2 DEFINITIONS

3 SEC. 501. As used in this Act—

4 (1) the term ‘‘content standards’’ means broad

5 descriptions of the knowledge and skills students

6 should acquire in a particular subject area;

7 (2) the term ‘‘Governor’’ means the chief execu8 tive of the State;

9 (3) the terms ‘‘local educational agency’’ and

10 ‘‘State educational agency’’ have the meaning given

11 those terms in section 1471 of the Elementary and

12 Secondary Education Act of 1965;

13 (4) the term ‘‘outlying areas’’ means Guam,

14 American Samoa, the Virgin Islands, the Common15 wealth of the Northern Mariana Islands, and Palau

16 (until the effective date of the Compact of Free As17 sociation with the Government of Palau);

18 (5) the term ‘‘performance standards’’ means

19 concrete examples and explicit definitions of what

20 students have to know and be able to do to dem21 onstrate that they are proficient in the skills and

22 knowledge framed by content standards;

23 (6) the term ‘‘school’’ means a school that is

24 under the authority of the State educational agency

25 and a local educational agency or, for the purpose of
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1 carrying out section 313(b), a school that is oper2 ated or funded by the Bureau of Indian Affairs;

3 (7) the term ‘‘Secretary’’, except where used in

4 title IV, means the Secretary of Education; and

5 (8) the term ‘‘State’’ means each of the fifty

6 States, the District of Columbia, and the Common7 wealth of Puerto Rico.

8 LIMITATION

9 SEC. 502. No funds provided under titles II or III

10 of this Act shall be used to undertake assessments that

11 will be used to make decisions regarding the graduation,

12 grade promotion, or retention of students for five years

13 from the date of enactment of this Act.

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