H. R. 1804

One Hundred Third Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twenty-fifth day of January, one thousand nine hundred and ninety-four

An Act

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 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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act (other than titles V and IX) may

be cited as the ‘‘Goals 2000: Educate America Act’’.

(b) TABLE OF CONTENTS.—The table of contents is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Purpose.

Sec. 3. Definitions.

TITLE I—NATIONAL EDUCATION GOALS

Sec. 101. Purpose.

Sec. 102. National education goals.

TITLE II—NATIONAL EDUCATION REFORM LEADERSHIP, STANDARDS, AND

ASSESSMENTS

PART A—NATIONAL EDUCATION GOALS PANEL

Sec. 201. Purpose.

Sec. 202. National Education Goals Panel.

Sec. 203. Duties.

Sec. 204. Powers of the Goals Panel.

Sec. 205. Administrative provisions.

Sec. 206. Director and staff; experts and consultants.

Sec. 207. Early childhood assessment.

PART B—NATIONAL EDUCATION STANDARDS AND IMPROVEMENT COUNCIL

Sec. 211. Purpose.

Sec. 212. National Education Standards and Improvement Council.

Sec. 213. Duties.

Sec. 214. Annual reports.

Sec. 215. Powers of the Council.

Sec. 216. Publication for public comment.

Sec. 217. Administrative provisions.

Sec. 218. Director and staff; experts and consultants.

Sec. 219. Opportunity-To-Learn Development Grant.

Sec. 220. Assessment development and evaluation grants.

Sec. 221. Evaluation.

PART C—LEADERSHIP IN EDUCATIONAL TECHNOLOGY

Sec. 231. Purposes.

Sec. 232. Federal leadership.
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Sec. 233. Office of educational technology.

Sec. 234. Uses of funds.

Sec. 235. Non-Federal share.

Sec. 236. Office of training technology transfer.

PART D—AUTHORIZATION OF APPROPRIATIONS

Sec. 241. Authorization of appropriations.

TITLE III—STATE AND LOCAL EDUCATION SYSTEMIC IMPROVEMENT

Sec. 301. Findings.

Sec. 302. Purpose.

Sec. 303. Authorization of appropriations.

Sec. 304. Allotment of funds.

Sec. 305. State applications.

Sec. 306. State improvement plans.

Sec. 307. Secretary’s review of applications; payments.

Sec. 308. State use of funds.

Sec. 309. Subgrants for local reform and professional development.

Sec. 310. Availability of information and training.

Sec. 311. Waivers of statutory and regulatory requirements.

Sec. 312. Progress reports.

Sec. 313. Technical and other assistance regarding school finance equity.

Sec. 314. National leadership.

Sec. 315. Assistance to the outlying areas and to the Secretary of the Interior.

Sec. 316. Clarification regarding State standards and assessments.

Sec. 317. State planning for improving student achievement through integration of

technology into the curriculum.

Sec. 318. Prohibition on Federal mandates, direction, and control.

Sec. 319. State and local government control of education.

TITLE IV—PARENTAL ASSISTANCE

Sec. 401. Parental information and resource centers.

Sec. 402. Applications.

Sec. 403. Uses of funds.

Sec. 404. Technical assistance.

Sec. 405. Definitions.

Sec. 406. Reports.

Sec. 407. General provision.

Sec. 408. Authorization of appropriations.

TITLE V—NATIONAL SKILL STANDARDS BOARD

Sec. 501. Short title.

Sec. 502. Purpose.

Sec. 503. Establishment of National Board.

Sec. 504. Functions of the National Board.

Sec. 505. Deadlines.

Sec. 506. Reports.

Sec. 507. Authorization of appropriations.

Sec. 508. Definitions.

Sec. 509. Sunset provision.

TITLE VI—INTERNATIONAL EDUCATION PROGRAM

Sec. 601. International Education Program.

TITLE VII—SAFE SCHOOLS

Sec. 701. Short title; statement of purpose.

Sec. 702. Safe schools program authorized.

Sec. 703. Eligible applicants.

Sec. 704. Applications and plans.

Sec. 705. Use of funds.

Sec. 706. National activities.

Sec. 707. National cooperative education statistics system.

Sec. 708. Reports.

Sec. 709. Coordination of Federal assistance.

TITLE VIII—MINORITY-FOCUSED CIVICS EDUCATION

Sec. 801. Short title.

Sec. 802. Purposes.

Sec. 803. Grants authorized; authorization of appropriations.

Sec. 804. Definitions.
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Sec. 805. Applications.

TITLE IX—EDUCATIONAL RESEARCH AND IMPROVEMENT

Sec. 901. Short title.

Sec. 902. Findings.

PART A—GENERAL PROVISIONS REGARDING THE OFFICE OF EDUCATIONAL RESEARCH

AND IMPROVEMENT

Sec. 911. Repeal.

Sec. 912. Office of Educational Research and Improvement.

Sec. 913. Assistant Secretary for Educational Research and Improvement.

Sec. 914. Savings provision.

Sec. 915. Existing grants and contracts.

PART B—NATIONAL EDUCATIONAL RESEARCH POLICY AND PRIORITIES BOARD

Sec. 921. Establishment within Office of Educational Research and Improvement.

PART C—NATIONAL RESEARCH INSTITUTES

Sec. 931. Establishment within the Office of Educational Research and Improvement.

PART D—NATIONAL EDUCATION DISSEMINATION SYSTEM

Sec. 941. Establishment within Office of Educational Research and Improvement.

PART E—NATIONAL LIBRARY OF EDUCATION

Sec. 951. Establishment within Office of Educational Research and Improvement.

PART F—STAR SCHOOLS

Sec. 961. Star schools.

PART G—OFFICE OF COMPREHENSIVE SCHOOL HEALTH EDUCATION

Sec. 971. Office of Comprehensive School Health Education.

PART H—FIELD READERS

Sec. 981. Field readers.

PART I—AMENDMENTS TO THE CARL D. PERKINS VOCATIONAL AND APPLIED

TECHNOLOGY EDUCATION ACT

Sec. 991. National Occupational Information Coordinating Committee.

TITLE X—MISCELLANEOUS

PART A—MISCELLANEOUS PROVISIONS

Sec. 1011. School prayer.

Sec. 1012. Funding for the Individuals with Disabilities Education Act.

Sec. 1013. National Board for professional teaching standards.

Sec. 1014. Forgiveness of certain overpayments.

Sec. 1015. Study of goals 2000 and students with disabilities.

Sec. 1016. Amendments to summer youth employment and training program.

Sec. 1017. Protection of pupils.

Sec. 1018. Contraceptive devices.

Sec. 1019. Assessments.

Sec. 1020. Public schools.

Sec. 1021. Assessment of educational progress activities.

Sec. 1022. Sense of the Congress.

PART B—GUN-FREE SCHOOLS

Sec. 1031. Short title.

Sec. 1032. Gun-free requirements in elementary and secondary schools.

PART C—ENVIRONMENTAL TOBACCO SMOKE

Sec. 1041. Short title.

Sec. 1042. Definitions.

Sec. 1043. Nonsmoking policy for children’s services.

Sec. 1044. Preemption.

PART D—MIDNIGHT BASKETBALL LEAGUE TRAINING AND PARTNERSHIP

Sec. 1051. Short title.
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Sec. 1052. Grants for midnight basketball league training and partnership programs.

Sec. 1053. Public housing midnight basketball league programs.

SEC. 2. PURPOSE.

The purpose of this Act is to provide a framework for meeting the National Education Goals established by title I of this Act

by— (1) promoting coherent, nationwide, systemic education reform;

(2) improving the quality of learning and teaching in the classroom and in the workplace; (3) defining appropriate and coherent Federal, State, and local roles and responsibilities for education reform and lifelong

learning; (4) establishing valid and reliable mechanisms for— (A) building a broad national consensus on American education reform;

(B) assisting in the development and certification of high-quality, internationally competitive content and student performance standards; (C) assisting in the development and certification of opportunity-to-learn standards; and (D) assisting in the development and certification of high-quality assessment measures that reflect the internationally competitive content and student performance

standards;

(5) supporting new initiatives at the Federal, State, local, and school levels to provide equal educational opportunity for

all students to meet high academic and occupational skill standards and to succeed in the world of employment and civic

participation; (6) providing a framework for the reauthorization of all Federal education programs by— (A) creating a vision of excellence and equity that will guide all Federal education and related programs; (B) providing for the establishment of high-quality, internationally competitive content and student performance standards and strategies that all students will be

expected to achieve; (C) providing for the establishment of high-quality, internationally competitive opportunity-to-learn standards

that all States, local educational agencies, and schools

should achieve;

(D) encouraging and enabling all State educational agencies and local educational agencies to develop comprehensive improvement plans that will provide a coherent

framework for the implementation of reauthorized Federal

education and related programs in an integrated fashion

that effectively educates all children to prepare them to

participate fully as workers, parents, and citizens;

(E) providing resources to help individual schools,

including those serving students with high needs, develop

and implement comprehensive improvement plans; and

(F) promoting the use of technology to enable all students to achieve the National Education Goals;

(7) stimulating the development and adoption of a voluntary national system of skill standards and certification to
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serve as a cornerstone of the national strategy to enhance

workforce skills; and

(8) assisting every elementary and secondary school that

receives funds under this Act to actively involve parents and

families in supporting the academic work of their children

at home and in providing parents with skills to advocate for

their children at school.

SEC. 3. DEFINITIONS.

(a) TITLES I, II, III, AND X.—As used in titles I, II, III, and

X of this Act—

(1) the terms ‘‘all students’’ and ‘‘all children’’ mean students or children from a broad range of backgrounds and circumstances, including disadvantaged students and children,

students or children with diverse racial, ethnic, and cultural

backgrounds, American Indians, Alaska Natives, Native Hawaiians, students or children with disabilities, students or children

with limited-English proficiency, school-aged students or children who have dropped out of school, migratory students or

children, and academically talented students and children;

(2) the term ‘‘Bureau’’, unless otherwise provided, means

the Bureau of Indian Affairs;

(3) the terms ‘‘community’’, ‘‘public’’, and ‘‘advocacy group’’

include representatives of organizations advocating for the education of American Indian, Alaska Native, and Native Hawaiian

children and Indian tribes;

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

of the knowledge and skills students should acquire in a

particular subject area; (5) the term ‘‘Governor’’ means the chief executive of the

State;

(6) the terms ‘‘local educational agency’’ and ‘‘State educational agency’’ have the meaning given such terms in section

1471 of the Elementary and Secondary Education Act of 1965; (7) the term ‘‘opportunity-to-learn standards’’ means the

criteria for, and the basis of, assessing the sufficiency or quality

of the resources, practices, and conditions necessary at each

level of the education system (schools, local educational agencies, and States) to provide all students with an opportunity

to learn the material in voluntary national content standards

or State content standards;

(8) the term ‘‘outlying areas’’ means Guam, American

Samoa, the Virgin Islands, the Commonwealth of the Northern

Mariana Islands, Palau (until the effective date of the Compact

of Free Association with the Government of Palau), the Republic

of the Marshall Islands, and the Federated States of Micronesia;

(9) the term ‘‘performance standards’’ means concrete examples and explicit definitions of what students have to know

and be able to do to demonstrate that such students are proficient in the skills and knowledge framed by content standards;

(10) the term ‘‘related services’’ has the same meaning

given such term under section 602 of the Individuals with

Disabilities Education Act;

(11) the term ‘‘State assessment’’ means measures of student performance which include at least 1 instrument of evaluation, and may include other measures of student performance,

for a specific purpose and use which are intended to evaluate
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the progress of all students in the State toward learning the

material in State content standards in 1 or more subject areas;

(12) the term ‘‘school’’ means a public school that is under

the authority of the State educational agency or a local educational agency or, for the purpose of carrying out section

315(b), a school that is operated or funded by the Bureau;

(13) the term ‘‘Secretary’’, unless otherwise provided, means

the Secretary of Education; and

(14) the term ‘‘State’’, unless otherwise provided, means

each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each of the outlying areas.

(b) TITLES IV, V, VI, VII, VIII, AND IX.—For the purpose

of titles IV, V, VI, VII, VIII, and IX—

(1) except as provided in paragraph (3) and unless otherwise provided, the terms used in such titles have the same

meanings given such terms in section 1471 of the Elementary

and Secondary Education Act of 1965;

(2) the term ‘‘Bureau’’, unless otherwise provided, means

the Bureau of Indian Affairs; and

(3) the term ‘‘Secretary’’, unless otherwise provided, means

the Secretary of Education.

TITLE I—NATIONAL EDUCATION GOALS

SEC. 101. PURPOSE.

The purpose of this title is to establish National Education

Goals.

SEC. 102. NATIONAL EDUCATION GOALS.

The Congress declares that the National Education Goals are

the following:

(1) SCHOOL READINESS.—(A) By the year 2000, all children

in America will start school ready to learn.

(B) The objectives for this goal are that—

(i) all children will have access to high-quality and

developmentally appropriate preschool programs that help

prepare children for school;

(ii) every parent in the United States will be a child’s

first teacher and devote time each day to helping such

parent’s preschool child learn, and parents will have access

to the training and support parents need; and

(iii) children will receive the nutrition, physical activity

experiences, and health care needed to arrive at school

with healthy minds and bodies, and to maintain the mental

alertness necessary to be prepared to learn, and the number

of low-birthweight babies will be significantly reduced

through enhanced prenatal health systems.

(2) SCHOOL COMPLETION.—(A) By the year 2000, the high

school graduation rate will increase to at least 90 percent.

(B) The objectives for this goal are that—

(i) the Nation must dramatically reduce its school dropout rate, and 75 percent of the students who do drop

out will successfully complete a high school degree or its

equivalent; and
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(ii) the gap in high school graduation rates between

American students from minority backgrounds and their

non-minority counterparts will be eliminated.

(3) STUDENT ACHIEVEMENT AND CITIZENSHIP.—(A) By the

year 2000, all students will leave grades 4, 8, and 12 having

demonstrated competency over challenging subject matter

including English, mathematics, science, foreign languages,

civics and government, economics, arts, history, and geography,

and every school in America will ensure that all students

learn to use their minds well, so they may be prepared for

responsible citizenship, further learning, and productive

employment in our Nation’s modern economy.

(B) The objectives for this goal are that—

(i) the academic performance of all students at the

elementary and secondary level will increase significantly

in every quartile, and the distribution of minority students

in each quartile will more closely reflect the student population as a whole;

(ii) the percentage of all students who demonstrate

the ability to reason, solve problems, apply knowledge,

and write and communicate effectively will increase

substantially;

(iii) all students will be involved in activities that

promote and demonstrate good citizenship, good health,

community service, and personal responsibility;

(iv) all students will have access to physical education

and health education to ensure they are healthy and fit;

(v) the percentage of all students who are competent

in more than one language will substantially increase; and (vi) all students will be knowledgeable about the

diverse cultural heritage of this Nation and about the world

community.

(4) TEACHER EDUCATION AND PROFESSIONAL DEVELOP- MENT.— (A) By the year 2000, the Nation’s teaching force will

have access to programs for the continued improvement

of their professional skills and the opportunity to acquire

the knowledge and skills needed to instruct and prepare

all American students for the next century. (B) The objectives for this goal are that— (i) all teachers will have access to preservice

teacher education and continuing professional development activities that will provide such teachers with

the knowledge and skills needed to teach to an increasingly diverse student population with a variety of educational, social, and health needs;

(ii) all teachers will have continuing opportunities

to acquire additional knowledge and skills needed to

teach challenging subject matter and to use emerging

new methods, forms of assessment, and technologies;

(iii) States and school districts will create

integrated strategies to attract, recruit, prepare,

retrain, and support the continued professional development of teachers, administrators, and other educators, so that there is a highly talented work force

of professional educators to teach challenging subject

matter; and
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(iv) partnerships will be established, whenever possible, among local educational agencies, institutions

of higher education, parents, and local labor, business,

and professional associations to provide and support

programs for the professional development of educators.

(5) MATHEMATICS AND SCIENCE.—(A) By the year 2000,

United States students will be first in the world in mathematics

and science achievement.

(B) The objectives for this goal are that—

(i) mathematics and science education, including the

metric system of measurement, will be strengthened

throughout the system, especially in the early grades;

(ii) the number of teachers with a substantive background in mathematics and science, including the metric

system of measurement, will increase by 50 percent; and

(iii) the number of United States undergraduate and

graduate students, especially women and minorities, who

complete degrees in mathematics, science, and engineering

will increase significantly.

(6) ADULT LITERACY AND LIFELONG LEARNING.—(A) By the

year 2000, every adult American will be literate and will possess

the knowledge and skills necessary to compete in a global

economy and exercise the rights and responsibilities of citizenship.

(B) The objectives for this goal are that—

(i) every major American business will be involved

in strengthening the connection between education and

work;

(ii) all workers will have the opportunity to acquire

the knowledge and skills, from basic to highly technical,

needed to adapt to emerging new technologies, work

methods, and markets through public and private educational, vocational, technical, workplace, or other programs; (iii) the number of quality programs, including those

at libraries, that are designed to serve more effectively

the needs of the growing number of part-time and

midcareer students will increase substantially; (iv) the proportion of the qualified students, especially

minorities, who enter college, who complete at least two

years, and who complete their degree programs will

increase substantially; (v) the proportion of college graduates who demonstrate

an advanced ability to think critically, communicate effectively, and solve problems will increase substantially; and

(vi) schools, in implementing comprehensive parent

involvement programs, will offer more adult literacy, parent

training and life-long learning opportunities to improve

the ties between home and school, and enhance parents’

work and home lives.

(7) SAFE, DISCIPLINED, AND ALCOHOL- AND DRUG-FREE

SCHOOLS.—

(A) By the year 2000, every school in the United States

will be free of drugs, violence, and the unauthorized presence of firearms and alcohol and will offer a disciplined

environment conducive to learning.
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(B) The objectives for this goal are that—

(i) every school will implement a firm and fair

policy on use, possession, and distribution of drugs

and alcohol;

(ii) parents, businesses, governmental and community organizations will work together to ensure the

rights of students to study in a safe and secure environment that is free of drugs and crime, and that schools

provide a healthy environment and are a safe haven

for all children;

(iii) every local educational agency will develop

and implement a policy to ensure that all schools are

free of violence and the unauthorized presence of

weapons;

(iv) every local educational agency will develop

a sequential, comprehensive kindergarten through

twelfth grade drug and alcohol prevention education

program;

(v) drug and alcohol curriculum should be taught

as an integral part of sequential, comprehensive health

education;

(vi) community-based teams should be organized

to provide students and teachers with needed support;

and

(vii) every school should work to eliminate sexual

harassment.

(8) PARENTAL PARTICIPATION.—

(A) By the year 2000, every school will promote partnerships that will increase parental involvement and

participation in promoting the social, emotional, and academic growth of children. (B) The objectives for this Goal are that— (i) every State will develop policies to assist local

schools and local educational agencies to establish programs for increasing partnerships that respond to the

varying needs of parents and the home, including parents of children who are disadvantaged or bilingual,

or parents of children with disabilities;

(ii) every school will actively engage parents and

families in a partnership which supports the academic

work of children at home and shared educational

decisionmaking at school; and (iii) parents and families will help to ensure that

schools are adequately supported and will hold schools

and teachers to high standards of accountability.

TITLE II—NATIONAL EDUCATION REFORM LEADERSHIP, STANDARDS, AND

ASSESSMENTS

PART A—NATIONAL EDUCATION GOALS PANEL

SEC. 201. PURPOSE.

It is the purpose of this part to establish a bipartisan mechanism for—
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(1) building a national consensus for education improvement;

(2) reporting on progress toward achieving the National

Education Goals; and

(3) reviewing the voluntary national content standards,

voluntary national student performance standards and voluntary national opportunity-to-learn standards certified by the

National Education Standards and Improvement Council, as

well as the criteria for the certification of such standards,

and the criteria for the certification of State assessments certified by the National Education Standards and Improvement

Council, with the option of disapproving such standards and

criteria not later than 90 days after receipt from such Council.

SEC. 202. NATIONAL EDUCATION GOALS PANEL.

(a) ESTABLISHMENT.—There is established in the executive

branch a National Education Goals Panel (hereafter in this title

referred to as the ‘‘Goals Panel’’) to advise the President, the Secretary, and the Congress.

(b) COMPOSITION.—The Goals Panel shall be composed of 18

members (hereafter in this part referred to as ‘‘members’’),

including—

(1) 2 members appointed by the President;

(2) 8 members who are Governors, 3 of whom shall be

from the same political party as the President and 5 of whom

shall be from the opposite political party of the President,

appointed by the Chairperson and Vice Chairperson of the

National Governors’ Association, with the Chairperson and Vice

Chairperson each appointing representatives of such Chairperson’s or Vice Chairperson’s respective political party, in

consultation with each other;

(3) 4 Members of the Congress, of whom—

(A) 1 member shall be appointed by the Majority

Leader of the Senate from among the Members of the

Senate;

(B) 1 member shall be appointed by the Minority

Leader of the Senate from among the Members of the

Senate;

(C) 1 member shall be appointed by the Majority

Leader of the House of Representatives from among the

Members of the House of Representatives; and

(D) 1 member shall be appointed by the Minority

Leader of the House of Representatives from among the

Members of the House of Representatives; and

(4) 4 members of State legislatures appointed by the President of the National Conference of State Legislatures, of whom

2 shall be of the same political party as the President of

the United States.

(c) SPECIAL APPOINTMENT RULES.—

(1) IN GENERAL.—The members appointed pursuant to subsection (b)(2) shall be appointed as follows:

(A) If the Chairperson of the National Governors’

Association is from the same political party as the President, the Chairperson shall appoint 3 individuals and the

Vice Chairperson of such association shall appoint 5

individuals.
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(B) If the Chairperson of the National Governors’

Association is from the opposite political party as the President, the Chairperson shall appoint 5 individuals and the

Vice Chairperson of such association shall appoint 3

individuals.

(2) SPECIAL RULE.—If the National Governors’ Association

has appointed a panel that meets the requirements of subsections (b) and (c), except for the requirements of paragraph

(4) of subsection (b), prior to the date of enactment of this

Act, then the members serving on such panel shall be deemed

to be in compliance with the provisions of such subsections

and shall not be required to be reappointed pursuant to such

subsections.

(3) REPRESENTATION.—To the extent feasible, the membership of the Goals Panel shall be geographically representative

and reflect the racial, ethnic, and gender diversity of the United

States.

(d) TERMS.—The terms of service of members shall be as follows:

(1) PRESIDENTIAL APPOINTEES.—Members appointed under

subsection (b)(1) shall serve at the pleasure of the President.

(2) GOVERNORS.—Members appointed under paragraph (2)

of subsection (b) shall serve for 2-year terms, except that the

initial appointments under such paragraph shall be made to

ensure staggered terms with one-half of such members’ terms

concluding every 2 years.

(3) CONGRESSIONAL APPOINTEES AND STATE LEGISLATORS.—

Members appointed under paragraphs (3) and (4) of subsection

(b) shall serve for 2-year terms.

(e) DATE OF APPOINTMENT.—The initial members shall be

appointed not later than 60 days after the date of enactment of

this Act.

(f) INITIATION.—The Goals Panel may begin to carry out its

duties under this part when 10 members of the Goals Panel have

been appointed.

(g) VACANCIES.—A vacancy on the Goals Panel shall not affect

the powers of the Goals Panel, but shall be filled in the same

manner as the original appointment.

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

including per diem in lieu of subsistence, as authorized by section

5703 of title 5, United States Code, for each day the member

is engaged in the performance of duties for the Goals Panel away

from the home or regular place of business of the member.

(i) CHAIRPERSON.—

(1) IN GENERAL.—The members shall select a Chairperson

from among the members.

(2) TERM AND POLITICAL AFFILIATION.—The Chairperson

of the Goals Panel shall serve a 1-year term and shall alternate

between political parties.

(j) CONFLICT OF INTEREST.—A member of the Goals Panel who

is an elected official of a State which has developed content, student

performance, or opportunity-to-learn standards may not participate

in Goals Panel consideration of such standards.

(k) EX OFFICIO MEMBER.—If the President has not appointed

the Secretary as 1 of the 2 members the President appoints pursuant to subsection (b)(1), then the Secretary shall serve as a

nonvoting ex officio member of the Goals Panel.
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SEC. 203. DUTIES.

(a) IN GENERAL.—The Goals Panel shall—

(1) report to the President, the Secretary, and the Congress

regarding the progress the Nation and the States are making

toward achieving the National Education Goals established

under title I of this Act, including issuing an annual report;

(2) report on State opportunity-to-learn standards and

strategies and the progress of States that are implementing

such standards and strategies to help all students meet State

content standards and State student performance standards;

(3) submit to the President nominations for appointment

to the National Education Standards and Improvement Council

in accordance with subsections (b) and (c) of section 212;

(4) after taking into consideration the public comments

received pursuant to section 216 and not later than 90 days

after receipt, review the—

(A) criteria developed by the National Education Standards and Improvement Council for the certification of State

content standards, State student performance standards,

State assessments, and State opportunity-to-learn standards; and

(B) voluntary national content standards, voluntary

national student performance standards and voluntary

national opportunity-to-learn standards certified by the

National Education Standards and Improvement Council,

except that the Goals Panel shall have the option of disapproving such criteria and standards by a two-thirds majority vote

of the membership of the Goals Panel not later than 90 days

after receipt of such criteria and standards;

(5) report on promising or effective actions being taken

at the national, State, and local levels, and in the public and

private sectors, to achieve the National Education Goals; and

(6) help build a nationwide, bipartisan consensus for the

reforms necessary to achieve the National Education Goals.

(b) REPORT.—

(1) IN GENERAL.—The Goals Panel shall annually prepare

and submit to the President, the Secretary, the appropriate

committees of Congress, and the Governor of each State a

report that shall—

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

achieving the National Education Goals;

(B) identify actions that should be taken by Federal,

State, and local governments to enhance progress toward

achieving the National Education Goals and to provide

all students with a fair opportunity-to-learn; and

(C) report on State opportunity-to-learn standards and

strategies and the progress of States that are implementing

such standards and strategies to help all students meet

State content standards and State student performance

standards.

(2) FORM; DATA.—Reports shall be presented in a form,

and include data, that is understandable to parents and the

general public.

SEC. 204. POWERS OF THE GOALS PANEL.

(a) HEARINGS.—
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(1) IN GENERAL.—The Goals Panel shall, for the purpose

of carrying out this part, conduct such hearings, sit and act

at such times and places, take such testimony, and receive

such evidence, as the Goals Panel considers appropriate.

(2) REPRESENTATION.—In carrying out this part, the Goals

Panel shall conduct hearings to receive reports, views, and

analyses of a broad spectrum of experts and the public on

the establishment of voluntary national content standards, voluntary national student performance standards, voluntary

national opportunity-to-learn standards, and State assessments

described in section 213(f).

(b) INFORMATION.—The Goals Panel may secure directly from

any department or agency of the United States information necessary to enable the Goals Panel to carry out this part. Upon

request of the Chairperson of the Goals Panel, the head of a department or agency shall furnish such information to the Goals Panel

to the extent permitted by law.

(c) POSTAL SERVICES.—The Goals Panel may use the United

States mail in the same manner and under the same conditions

as other departments and agencies of the United States.

(d) USE OF FACILITIES.—The Goals Panel may, with consent

of any agency or instrumentality of the United States, or of any

State or political subdivision thereof, use the research, equipment,

services, and facilities of such agency, instrumentality, State, or

subdivision, respectively.

(e) ADMINISTRATIVE ARRANGEMENTS AND SUPPORT.—

(1) IN GENERAL.—The Secretary shall provide to the Goals

Panel, on a reimbursable basis, such administrative support

services as the Goals Panel may request.

(2) CONTRACTS AND OTHER ARRANGEMENTS.—The Secretary,

to the extent appropriate, and on a reimbursable basis, shall

make contracts and other arrangements that are requested

by the Goals Panel to help the Goals Panel compile and analyze

data or carry out other functions necessary to the performance

of such responsibilities.

SEC. 205. ADMINISTRATIVE PROVISIONS.

(a) MEETINGS.—The Goals Panel shall meet on a regular basis,

as necessary, at the call of the Chairperson of the Goals Panel

or a majority of its members.

(b) QUORUM.—A majority of the members shall constitute a

quorum for the transaction of business.

(c) VOTING AND FINAL DECISION.—

(1) VOTING.—No individual may vote, or exercise any of

the powers of a member, by proxy.

(2) FINAL DECISIONS.—

(A) In making final decisions of the Goals Panel with

respect to the exercise of its duties and powers the Goals

Panel shall operate on the principle of consensus among

the members of the Goals Panel.

(B) Except as otherwise provided in this part, if a

vote of the membership of the Goals Panel is required

to reach a final decision with respect to the exercise of

its duties and powers, then such final decision shall be

made by a three-fourths vote of the members of the Goals

Panel who are present and voting.
H. R. 1804—14

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

to its proceedings (other than proceedings, or portions of proceedings, relating to internal personnel and management matters) and

make available to the public, at reasonable cost, transcripts of

such proceedings.

SEC. 206. DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS.

(a) DIRECTOR.—The Chairperson of the Goals Panel, without

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

to the appointment and compensation of officers or employees of

the United States, shall appoint a Director to be paid at a rate

not to exceed the rate of basic pay payable for level V of the

Executive Schedule.

(b) APPOINTMENT AND PAY OF EMPLOYEES.—

(1) IN GENERAL.—(A) The Director may appoint not more

than 4 additional employees to serve as staff to the Goals

Panel without regard to the provisions of title 5, United States

Code, governing appointments in the competitive service.

(B) The employees appointed under subparagraph (A) may

be paid without regard to the provisions of chapter 51 and

subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, but shall not be paid

a rate that exceeds the maximum rate of basic pay payable

for GS–15 of the General Schedule.

(2) ADDITIONAL EMPLOYEES.—The Director may appoint

additional employees to serve as staff to the Goals Panel in

accordance with title 5, United States Code.

(c) EXPERTS AND CONSULTANTS.—The Goals Panel may procure

temporary and intermittent services of experts and consultants

under section 3109(b) of title 5, United States Code.

(d) STAFF OF FEDERAL AGENCIES.—Upon the request of the

Goals Panel, the head of any department or agency of the United

States may detail any of the personnel of such agency to the

Goals Panel to assist the Goals Panel in its duties under this

part.

SEC. 207. EARLY CHILDHOOD ASSESSMENT.

(a) IN GENERAL.—The Goals Panel shall support the work of

its Resource and Technical Planning Groups on School Readiness

(hereafter in this section referred to as the ‘‘Groups’’) to improve

the methods of assessing the readiness of children for school that

would lead to alternatives to currently used early childhood assessments.

(b) ACTIVITIES.—The Groups shall—

(1) develop a model of elements of school readiness that

address a broad range of early childhood developmental needs,

including the needs of children with disabilities;

(2) create clear guidelines regarding the nature, functions,

and uses of early childhood assessments, including assessment

formats that are appropriate for use in culturally and linguistically diverse communities, based on model elements of school

readiness;

(3) monitor and evaluate early childhood assessments,

including the ability of existing assessments to provide valid

information on the readiness of children for school; and

(4) monitor and report on the long-term collection of data

on the status of young children to improve policy and practice,
H. R. 1804—15

including the need for new sources of data necessary to assess

the broad range of early childhood developmental needs.

(c) ADVICE.—The Groups shall advise and assist the Congress, the Secretary, the Goals Panel, and others regarding how to improve

the assessment of young children and how such assessments can

improve services to children. (d) REPORT.—The Goals Panel shall provide reports on the

work of the Groups to the appropriate committees of the Congress,

the Secretary, and the public.

PART B—NATIONAL EDUCATION STANDARDS

AND IMPROVEMENT COUNCIL

SEC. 211. PURPOSE.

It is the purpose of this part to establish a mechanism to— (1) certify and periodically review voluntary national con- tent standards and voluntary national student performance

standards that define what all students should know and be

able to do;

(2) certify State content standards and State student performance standards submitted by States on a voluntary

basis, if such standards are comparable or higher in rigor

and quality to the voluntary national content standards and

voluntary national student performance standards certified by

the National Education Standards and Improvement Council;

(3) certify and periodically review voluntary national opportunity-to-learn standards that describe the conditions of teaching and learning necessary for all students to have a fair

opportunity to achieve the knowledge and skills described in

the voluntary national content standards and the voluntary

national student performance standards certified by the

National Education Standards and Improvement Council;

(4) certify opportunity-to-learn standards submitted by

States on a voluntary basis, if such standards are comparable

or higher in rigor and quality to the voluntary national opportunity-to-learn standards certified by the National Education

Standards and Improvement Council; and

(5) certify State assessments submitted by States or groups

of States on a voluntary basis, if such assessments—

(A) are aligned with and support State content standards certified by such Council; and

(B) are valid, reliable, and consistent with relevant,

nationally recognized, professional and technical standards

for assessment when used for their intended purposes.

SEC. 212. NATIONAL EDUCATION STANDARDS AND IMPROVEMENT

COUNCIL.

(a) ESTABLISHMENT.—There is established in the executive

branch a National Education Standards and Improvement Council

(hereafter in this part referred to as the ‘‘Council’’).

(b) COMPOSITION.— (1) IN GENERAL.—The Council shall be composed of 19

members (hereafter in this part referred to as ‘‘members’’)

who shall be appointed as follows:

(A) The President shall appoint 7 individuals to the

Council from among nominations received from the Secretary under subsection (c)(1)(B)(i), of whom—
H. R. 1804—16

(i) 2 shall be from each of the categories described

in clause (i), (iii), or (iv) of subsection (c)(1)(A); and

(ii) 1 shall be from the category described in clause

(ii) of subsection (c)(1)(A).

(B) The President shall appoint 12 individuals to the

Council, of whom—

(i) 4 individuals shall be from nominations received

from the Speaker of the House of Representatives,

of whom 1 individual shall be from each of the categories described in clauses (i) through (iv) of subsection (c)(1)(A);

(ii) 4 individuals shall be from nominations

received from the Majority Leader of the Senate, of

whom 1 individual shall be from each of the categories

described in clauses (i) through (iv) of subsection

(c)(1)(A); and

(iii) 4 individuals shall be from nominations

received from the Goals Panel, of whom 1 individual

shall be from each of the categories described in clauses

(i) through (iv) of subsection (c)(1)(A).

(2) SPECIAL RULES.—From among nominations received

pursuant to subparagraphs (A) and (B) of paragraph (1) the

President shall appoint to the Council—

(A) 1 individual representative of post-secondary educational institutions;

(B) 1 individual representative of organized labor; and

(C) 1 individual who is representative of business and

is a member of the National Skill Standards Board established under title V.

(c) APPOINTMENT RULES AND QUALIFICATIONS.— (1) APPOINTMENT CATEGORIES.—(A) The members of the

Council shall be appointed from among the following categories

of individuals:

(i) Professional educators, including elementary and

secondary classroom teachers, preschool educators, related

services personnel, and other school-based professionals,

State or local educational agency administrators, and other

educators.

(ii) Representatives of business and industry, organized

labor, and postsecondary educational institutions. (iii) Representatives of the public, including representatives of advocacy, civil rights and disability groups, parents,

civic leaders, State or local education policymakers (including members of State, local, or tribal school boards). (iv) Education experts, including experts in measurement and assessment, curriculum, school finance and

equity, and school reform.

(B)(i) The Secretary shall nominate 21 individuals for membership on the Council, of whom—

(I) 3 individuals shall be nominated from the category

described in subparagraph (A)(i); and

(II) 6 individuals shall be nominated from each of

the categories described in clauses (ii) through (iv) of

subparagraph (A).

(ii) The Speaker of the House of Representatives, in consultation with the Majority Leader and Minority Leader of

the House of Representatives, shall nominate 12 individuals
H. R. 1804—17

for membership on the Council, of whom 3 individuals shall

be nominated from each of the categories described in clauses

(i) through (iv) of subparagraph (A).

(iii) The Majority Leader of the Senate, in consultation

with the Minority Leader of the Senate, shall nominate 12

individuals for membership on the Council, of whom 3 individuals shall be nominated from each of the categories described

in clauses (i) and (iv) of subparagraph (A).

(iv) The Goals Panel shall nominate 12 individuals for

membership on the Council, of whom 3 individuals shall be

nominated from each of the categories described in clauses

(i) and (iv) of subparagraph (A).

(2) REPRESENTATION.—To the extent feasible, the membership of the Council shall be geographically representative of

the United States and reflect the diversity of the United States

with regard to race, ethnicity, gender, and disability characteristics.

(3) EXPERTISE OR BACKGROUND.—Not less than one-third

of the individuals nominated and appointed under subsection

(b) shall have expertise or background in the educational needs

of children who are from low-income families, from minority

backgrounds, have limited-English proficiency, or have disabilities.

(4) DIVISION BETWEEN POLITICAL PARTIES.—To the extent

feasible, the individuals nominated and the individuals

appointed to the Council shall be equally divided between the

2 major political parties.

(d) TERMS.— (1) IN GENERAL.—Members shall be appointed for 3-year

terms, with no member serving more than 2 consecutive terms. (2) STAGGERING.—(A) The Council shall establish initial

terms for members of 1, 2, or 3 years in order to establish

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

each year. (B) The Secretary shall determine, pursuant to a lottery,

which members serve terms of 1, 2, or 3 years under subparagraph (A).

(e) DATE OF APPOINTMENT.—The initial members shall be

appointed not later than 120 days after the date of enactment

of this Act.

(f) INITIATION.—The Council shall begin to carry out the duties

of the Council under this part when all 19 members have been

appointed.

(g) RETENTION.—In order to retain an appointment to the Council, a member shall attend at least two-thirds of the scheduled

meetings of the Council in any given year.

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

powers of the Council, but shall be filled in the same manner

as the original appointment.

(i) COMPENSATION.—Members of the Council who are not regular full-time employees of the United States may, while attending

meetings or hearings of the Council, be provided compensation

at a rate fixed by the Secretary, but not exceeding the maximum

rate of basic pay payable for GS–15 of the General Schedule.

(j) CONFLICT OF INTEREST.—

(1) IN GENERAL.—A member of the Council may not concurrently serve as a member of the Goals Panel.
H. R. 1804—18

(2) PROHIBITION.—A member of the Council who resides

in a State which has developed State content standards, State

student performance standards, State opportunity-to-learn

standards or State assessments that are submitted to the Council for certification may not participate in Council consideration

of such standards and assessments.

(3) SPECIAL RULES.—(A) Notwithstanding any other provision of law, before an individual is appointed to the Council,

the official responsible for issuing waivers under section

208(b)(3) of title 18, United States Code, shall submit to the

Committee on Education and Labor of the House of Representatives and the Committee on Labor and Human Resources of

the Senate a copy of the waiver required by that section.

Information contained in the waiver that would not otherwise

be publicly available under section 208(d)(1) of title 18, United

States Code, shall be provided to such committees, but shall

be noted as nonpublic information.

(B) The Council shall develop, consistent with the provisions of and regulations promulgated pursuant to section

208(b)(3) of title 18, United States Code, and submit to the

Committee on Education and Labor of the House of Representatives and the Committee on Labor and Human Resources of

the Senate procedures governing the participation of members

in any matter that affects the financial interests of the members

or of a person or entity whose interests are imputed to the

member.

(k) TRAVEL.—Each member of the Council may be allowed

travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for each day

the member is engaged in the performance of duties away from

the home or regular place of business of the member. (l) OFFICERS.—The members of the Council shall select officers

from among its members. The officers of the Council shall serve

for one-year terms.

SEC. 213. DUTIES.

(a) VOLUNTARY NATIONAL CONTENT STANDARDS; VOLUNTARY

NATIONAL STUDENT PERFORMANCE STANDARDS.— (1) IN GENERAL.—The Council, which may consult with

outside experts, shall—

(A) identify areas in which voluntary national content

standards need to be developed;

(B) certify voluntary national content standards and

voluntary national student performance standards using

the criteria developed under paragraph (2)(A)(i), that define

what all students should know and be able to do;

(C) forward such voluntary national content standards

and voluntary national student performance standards to

the Goals Panel for review, except that the Goals Panel

shall have the option of disapproving such standards by

a two-thirds majority vote of the full membership of the

Goals Panel not later than 90 days after receipt of such

standards; and

(D) develop a process for periodically reviewing any

voluntary national content standards, voluntary national

student performance standards, and voluntary national

opportunity-to-learn standards that have been certified.
H. R. 1804—19

(2) CRITERIA.—(A) The Council, which may consult with

outside experts, shall—

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

the voluntary national content standards and voluntary

national student performance standards; and

(ii) before applying such criteria, forward such criteria

to the Goals Panel for review, except that the Goals Panel

shall have the option of disapproving such criteria by a

two-thirds majority vote of the full membership of the

Goals Panel not later than 90 days after receipt of such

criteria.

(B) The criteria developed by the Council shall address—

(i) the extent to which the proposed standards are

internationally competitive and comparable to the best in

the world;

(ii) the extent to which the proposed voluntary national

content standards and voluntary national student performance standards reflect the best available knowledge about

how all students learn and about how the content area

can be most effectively taught;

(iii) the extent to which the proposed voluntary

national content standards and voluntary national student

performance standards have been developed through an

open and public process that provides for input and involvement of all relevant parties, including teachers, related

services personnel, and other professional educators,

employers and postsecondary education institutions,

curriculum and subject matter specialists, parents,

advocacy groups, secondary school students, and the public;

and

(iv) other factors that the Council deems appropriate.

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

entities that are developing, or have already developed, content

and student performance standards, and any other entities

that the Council deems appropriate, to identify appropriate

certification criteria.

(b) STATE CONTENT STANDARDS; STATE STUDENT PERFORMANCE

STANDARDS.—The Council may certify State content standards and

State student performance standards presented on a voluntary basis

by a State or group of States, using the criteria developed under

subsection (a)(2)(A)(i), if such standards are comparable or higher

in rigor and quality to the voluntary national content standards

and voluntary national student performance standards certified

by the Council.

(c) VOLUNTARY NATIONAL OPPORTUNITY-TO-LEARN STANDARDS.—

(1) IN GENERAL.—The Council, which may consult with

outside experts, shall certify exemplary, voluntary national

opportunity-to-learn standards that will establish a basis for

providing all students a fair opportunity to achieve the knowledge and skills set out in the voluntary national content standards certified by the Council. In carrying out the preceding

sentence the Council is authorized to consider proposals for

voluntary national opportunity-to-learn standards from groups

other than groups that receive grants under section 219.
H. R. 1804—20

(2) ELEMENTS ADDRESSED.—The voluntary national opportunity-to-learn standards certified by the Council shall

address—

(A) the quality and availability to all students of curricula, instructional materials, and technologies, including distance learning;

(B) the capability of teachers to provide high-quality

instruction to meet diverse learning needs in each content

area to all students;

(C) the extent to which teachers, principals, and

administrators have ready and continuing access to professional development, including the best knowledge about

teaching, learning, and school improvement;

(D) the extent to which curriculum, instructional practices, and assessments are aligned to voluntary national

content standards;

(E) the extent to which school facilities provide a safe

and secure environment for learning and instruction and

have the requisite libraries, laboratories, and other

resources necessary to provide an opportunity-to-learn;

(F) the extent to which schools utilize policies, curricula, and instructional practices which ensure nondiscrimination on the basis of gender; and

(G) other factors that the Council deems appropriate

to ensure that all students receive a fair opportunity to

achieve the knowledge and skills described in the voluntary

national content standards and the voluntary national student performance standards certified by the Council.

(3) ADDITIONAL DUTIES.—In carrying out this subsection,

the Council shall—

(A) identify what other countries with rigorous content

standards do to—

(i) provide their children with opportunities to

learn;

(ii) prepare their teachers; and

(iii) provide continuing professional development

opportunities for their teachers; and

(B) develop criteria to be used for certifying the voluntary national opportunity-to-learn standards and State

opportunity-to-learn standards and, before applying such

criteria, forward such criteria to the Goals Panel for review,

except that the Goals Panel shall have the option of disapproving such criteria by a two-thirds majority vote of

the full membership of the Goals Panel not later than

90 days after receipt of such criteria.

(4) RECOMMENDATIONS AND COORDINATION.—The Council

shall assist in the development of the voluntary national opportunity-to-learn standards developed by each consortium under

section 219 by—

(A) making recommendations to the Secretary regarding priorities and selection criteria for each grant awarded

under section 219; and

(B) coordinating with each consortium receiving awards

under section 219 to ensure that the opportunity-to-learn

standards the consortium develops are appropriate for the

needs of all students, are of high quality, and are consistent
H. R. 1804—21

with the criteria developed by the Council for the certification of such standards.

(5) APPROVAL.—The Council shall forward the voluntary

national opportunity-to-learn standards the Council certifies

to the Goals Panel for review, except that the Goals Panel

shall have the option of disapproving such standards by a

two-thirds majority vote of the full membership of the Goals

Panel not later than 90 days after receipt of such standards.

(d) STATE OPPORTUNITY-TO-LEARN STANDARDS.—The Council

may certify State opportunity-to-learn standards submitted voluntarily by a State, using the criteria developed under subsection

(c)(3)(B), if such standards are comparable or higher in rigor and

quality to the voluntary national opportunity-to-learn standards.

(e) GENERAL PROVISION REGARDING VOLUNTARY NATIONAL

STANDARDS.—The Council may certify voluntary national content

standards, voluntary national student performance standards, and

voluntary national opportunity-to-learn standards if such standards

are sufficiently general to be used by any State without restricting

State and local control of curriculum and prerogatives regarding

instructional methods to be employed.

(f) STATE ASSESSMENTS.—

(1) IN GENERAL.—(A) The Council may certify for a period

not to exceed 5 years, State assessments that are submitted

voluntarily by a State, using the criteria developed under paragraph (2)(A), if such assessments are aligned with the State’s

content standards certified by the Council.

(B) State assessments shall be certified by the Council

for the purposes of—

(i) informing students, parents, teachers, and related

services personnel about the progress of all students toward

the standards;

(ii) improving classroom instruction and improving the

learning outcomes for all students;

(iii) exemplifying for students, parents, and teachers

the kinds and levels of achievement that should be expected

of all students, including the identification of State student

performance standards;

(iv) measuring and motivating individual students,

schools, districts, States, and the Nation to improve educational performance; and

(v) assisting education policymakers in making decisions about education programs.

(C) The Council shall certify State assessments only if—

(i) a State can demonstrate to the Council that all

students have been prepared in the content for which such

students are being assessed;

(ii) such assessments will not be used to make decisions

regarding graduation, grade promotion, or retention of students for a period of 5 years from the date of enactment

of this Act; and

(iii) the State has submitted to the Council—

(I) a description of the purposes for which the

State assessments have been designed;

(II) the methodologies and process used to develop,

select, validate, and use such State assessments;

(III) a copy of the test instrument, as appropriate;
H. R. 1804—22

(IV) a description of the other measures the State

will use to evaluate student performance; and

(V) evidence that the test or tests which are part

of the State assessments are valid, reliable measures

of their intended purposes, are aligned with the State

content standards, are capable of assessing the

progress of all students toward learning the material

in the State content standards, and are consistent with

relevant nationally recognized professional and technical standards.

(D) The Council, at the request of a State prior to the

State’s submission to the Council of a State assessment for

a proposed use, shall review and provide guidance to such

State on a proposed package of measures, including tests that

will be included in such a system.

(2) CRITERIA.—(A) The Council shall develop and, not

sooner than three years nor later than four years after the

date of enactment of this Act, begin utilizing criteria for the

certification of State assessments for the purposes described

in paragraph (1)(B).

(B) Before using such criteria, the Council shall forward

the criteria to the Goals Panel for review, except that the

Goals Panel shall have the option of disapproving such criteria

by a two-thirds majority vote of the full membership of the

Goals Panel not later than 90 days after receipt of such criteria.

(C) The certification criteria developed by the Council shall

address the extent to which the State assessments—

(i) are aligned with a State’s or a group of States’

State content standards certified by the Council; and (ii) are to be used for a purpose for which they are

valid, reliable, and free of discrimination, and are consistent with relevant, nationally recognized professional and

technical standards for assessment.

(D) In determining appropriate certification criteria for

State assessments, the Council shall—

(i) consider standards and criteria being developed by

other national organizations, research on assessment, and

emerging new State and local assessments; (ii) recommend needed research;

(iii) encourage the development and field testing of

State assessments; and

(iv) provide a public forum for discussing, debating,

and building consensus for the criteria to be used for the

certification of State assessments.

(E) Prior to determining the certification criteria, the Council shall seek public comment regarding the proposed criteria.

(F) The Council shall certify State assessments only if

such assessments include all students and provide for the

adaptations and accommodations necessary to permit the

participation of all students with diverse learning needs.

(g) PERFORMANCE OF DUTIES.—In carrying out its responsibilities under this title, the Council shall—

(1) provide for a process of broad public input as part

of the process of developing criteria for standards and assessments;

(2) work with Federal and non-Federal departments, agencies, or organizations which are conducting research, studies,
H. R. 1804—23

or demonstration projects to determine internationally competitive standards and assessments, and may establish subject

matter and other panels to advise the Council on particular

content, student performance, and opportunity-to-learn standards and on State assessments;

(3) establish cooperative arrangements with the National

Skill Standards Board to promote the coordination of the development of content and student performance standards under

this title with the development of skill standards under title

V of this Act;

(4) recommend studies to the Secretary that are necessary

to carry out the Council’s responsibilities;

(5) inform the public about what constitutes high quality,

internationally competitive, content, student performance, and

opportunity-to-learn standards, and State assessments;

(6) on a regular basis, review and update criteria for certifying content, student performance, and opportunity-to-learn

standards, and State assessments; and

(7) periodically recertify, as appropriate, the voluntary

national content standards, the voluntary national student

performance standards, and the voluntary national opportunityto-learn standards and the State assessments that the Council

certifies under this section.

(h) SPECIAL RULES.—

(1) UNCONDITIONED STATE PARTICIPATION.—No State shall

be required to obtain certification of standards or assessments

developed under subsection (b), (d), or (f) of this section or

to participate in programs under title III of this Act, as a

condition of participating in any Federal education program

under this or any other Act. (2) CONSTRUCTION.—Nothing in this Act shall be construed

to create a legally enforceable right for any person against

a State, local educational agency, or school based on a standard

or assessment certified by the Council or the criteria developed

by the Council for such certification.

SEC. 214. ANNUAL REPORTS.

Not later than one year after the date the Council concludes

its first meeting, and in each succeeding year, the Council shall

prepare and submit a report to the President, the Secretary, the

appropriate committees of Congress, the Governor of each State,

and the Goals Panel regarding its work.

SEC. 215. POWERS OF THE COUNCIL.

(a) HEARINGS.—

(1) IN GENERAL.—The Council shall, for the purpose of

carrying out its responsibilities, conduct such hearings, sit and

act at such times and places, take such testimony, and receive

such evidence, as the Council considers appropriate.

(2) LOCATION.—In carrying out this part, the Council shall

conduct public hearings in different geographic areas of the

United States, both urban and rural, to receive the reports,

views, and analyses of a broad spectrum of experts and the

public on the establishment of voluntary national content standards, voluntary national student performance standards, voluntary national opportunity-to-learn standards, and State

assessments described in section 213(f).
H. R. 1804—24

(b) INFORMATION.—The Council may secure directly from any department or agency of the United States information necessary

to enable the Council to carry out this part. Upon request of

the Chairperson of the Council, the head of such department or

agency shall furnish such information to the Council to the extent

permitted by law. (c) POSTAL SERVICES.—The Council may use the United States mail in the same manner and under the same conditions as other

departments and agencies of the United States. (d) USE OF FACILITIES.—The Council may use the research, equipment, services, and facilities of any department, agency, or

instrumentality of the United States, or of any State or political

subdivision thereof with the consent of such department, agency,

instrumentality, State or subdivision, respectively. (e) ADMINISTRATIVE ARRANGEMENTS AND SUPPORT.— (1) IN GENERAL.—The Secretary shall provide to the Coun- cil, on a reimbursable basis, such administrative support services as the Council may request. (2) CONTRACTS AND OTHER ARRANGEMENTS.—The Secretary, to the extent appropriate and on a reimbursable basis, shall

enter into contracts and other arrangements that are requested

by the Council to help the Council compile and analyze data

or carry out other functions necessary to the performance of

the Council’s responsibilities.

SEC. 216. PUBLICATION FOR PUBLIC COMMENT.

(a) TRANSMITTAL.—For the purpose of obtaining public comment through publication in the Federal Register, the Council shall transmit to the Secretary— (1) proposed criteria for certifying voluntary national content standards, voluntary national student performance

standards, and State content standards and State performance

standards;

(2) proposed criteria for certifying voluntary national oppor- tunity-to-learn standards and State opportunity-to-learn standards;

(3) proposed criteria for certifying State assessments; and

(4) proposed voluntary national content standards, vol- untary national student performance standards, and voluntary

national opportunity-to-learn standards.

(b) PUBLICATION.—The Secretary shall publish such proposed procedures, standards, and criteria in the Federal Register.

SEC. 217. ADMINISTRATIVE PROVISIONS.

(a) MEETINGS.—The Council shall meet on a regular basis, as necessary, at the call of the Chairperson of the Council, or

a majority of its members. (b) QUORUM.—A majority of the members shall constitute a quorum for the transaction of business.

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

by a majority vote of the total membership of the Council, ensuring

the right of the minority to issue written views. No individual

may vote or exercise any of the powers of a member by proxy.

(d) PUBLIC ACCESS.—The Council shall ensure public access

to its proceedings (other than proceedings, or portions of proceedings, relating to internal personnel and management matters) and

make available to the public, at reasonable cost, transcripts of

such proceedings.
H. R. 1804—25

SEC. 218. DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS.

(a) DIRECTOR.—The Chairperson of the Council shall, without

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

to the appointment and compensation of officers or employees of

the United States, appoint a Director to be paid at a rate not

to exceed the rate of basic pay payable for level V of the Executive

Schedule.

(b) APPOINTMENT AND PAY OF EMPLOYEES.— (1) IN GENERAL.—(A) The Director may appoint not more

than four additional employees to serve as staff to the Council

without regard to the provisions of title 5, United States Code,

governing appointments in the competitive service. (B) The employees appointed under subparagraph (A) may

be paid without regard to the provisions of chapter 51 and

subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, but shall not be paid

a rate that exceeds the maximum rate of basic pay payable

for GS–15 of the General Schedule.

(2) ADDITIONAL EMPLOYEES.—The Director may appoint

additional employees to serve as staff of the Council consistent

with title 5, United States Code.

(c) EXPERTS AND CONSULTANTS.—The Council may procure tem- porary and intermittent services under section 3019(b) of title 5,

United States Code.

(d) STAFF OF FEDERAL AGENCIES.—Upon the request of the

Council, the head of any department or agency of the United States

may detail any of the personnel of such department or agency

to the Council to assist the Council in its duties under this part.

SEC. 219. OPPORTUNITY-TO-LEARN DEVELOPMENT GRANT.

(a) OPPORTUNITY-TO-LEARN DEVELOPMENT GRANTS.— (1) IN GENERAL.—The Secretary is authorized to award

more than one grant, on a competitive basis, to consortia of

individuals and organizations to develop voluntary national

opportunity-to-learn standards consistent with the provisions

of section 213(c), and to develop a listing of model programs

for use, on a voluntary basis, by States, which standards and

listing may be used to— (A) provide all students with an opportunity to learn;

(B) assess the capacity and performance of individual

schools; and

(C) develop appropriate actions to be taken in the

event that the schools fail to achieve such standards.

(2) COMPOSITION OF CONSORTIA.—To the extent possible,

each consortium shall include the participation of—

(A) State-level policymakers, such as Governors, State

legislators, chief State school officers, and State school

board members;

(B) local policymakers and administrators, such as local

school board members, superintendents, and principals;

(C) teachers (especially teachers involved in the development of content standards) and related services personnel;

(D) parents and individuals with experience in promoting parental involvement in education;

(E) representatives of business;

(F) experts in vocational-technical education;
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(G) representatives of regional accrediting associations;

(H) individuals with expertise in school finance and

equity, the education of at-risk students, and the preparation and training of teachers and school administrators;

(I) curriculum and school reform experts;

(J) representatives of advocacy groups, including student and civil rights advocacy groups;

(K) representatives of higher education; and

(L) secondary school students.

(3) DUTIES OF CONSORTIA.—In developing voluntary

national opportunity-to-learn standards, each consortium

shall—

(A) draw upon current research about student achievement and the necessary conditions for effective teaching

and learning; and

(B) provide for the development of more than one draft

of standards which incorporate the comments and recommendations of educators and other knowledgeable

individuals across the Nation.

(4) EXPERTISE OR BACKGROUND.—One-third of the members

of each consortium shall consist of individuals with expertise

or background in the educational needs and assessment of

children who are from low-income families, are from minority

backgrounds, have limited-English proficiency, or have disabilities.

(5) GEOGRAPHIC REPRESENTATION.—The membership of

each consortium shall be geographically representative and

reflect the racial, ethnic, and gender diversity of the United

States.

(b) APPLICATIONS.— (1) GRANTS FOR CONSORTIUM.—Each consortium that

desires to receive a grant under this subsection shall submit

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

and containing such information and assurances as the Secretary may require. (2) AWARD CONSIDERATION.—In establishing additional

priorities and selection criteria for awarding more than one

grant, the Secretary shall give serious consideration to the

recommendations made by the Council pursuant to section

213(c)(4)(A).

(c) REPORT.—After the development of the voluntary national

opportunity-to-learn standards, each consortium receiving assistance under this section shall submit a report to the Secretary

which discusses the background, important issues, and rationale

regarding such standards.

SEC. 220. ASSESSMENT DEVELOPMENT AND EVALUATION GRANTS.

(a) GRANTS AUTHORIZED.—

(1) IN GENERAL.—The Secretary is authorized to make

grants to State and local educational agencies or consortia

of such agencies to help defray the cost of developing, field

testing, and evaluating State assessments to be used for some

or all of the purposes indicated in section 213(f)(1)(B), that

are aligned to State content standards certified by the Council.

(2) RESERVATION.—The Secretary shall reserve a portion

of the funds authorized under section 241(d) for grants to

State educational agencies and local educational agencies for
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purposes of developing such assessments in languages other

than English and for students with disabilities.

(b) APPLICATIONS.—Each State or local educational agency, or consortium, that desires to receive a grant under subsection (a)(1)

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

manner, and containing such information and assurances as the

Secretary may require. (c) REQUIREMENTS.— (1) IN GENERAL.—A recipient of a grant under this section shall—

(A) examine the validity and reliability of the State assessment for the particular purposes for which such

assessment was developed; (B) ensure that the State assessment is consistent

with relevant, nationally recognized professional and technical standards for assessments; and

(C) devote special attention to how a State assessment

treats all students, especially with regard to the race, gender, ethnicity, disability, and language proficiency of such

students.

(2) USE.—A State assessment developed and evaluated with

funds under this section may not be used for decisions about

individual students relating to program placement, promotion,

or retention, graduation, or employment for a period of 5 years

from the date of enactment of this Act.

SEC. 221. EVALUATION.

(a) GRANT.—From funds reserved under section 304(a)(2)(C),

the Secretary shall make a grant, in an amount not to exceed

$500,000, to the National Academy of Sciences or the National

Academy of Education to—

(1) evaluate—

(A) the technical quality of the work performed by

the Goals Panel and the Council;

(B) the process the Council uses to develop criteria

for certification of standards and assessments;

(C) the process the Council uses to certify voluntary

national standards as well as standards and assessments

voluntarily submitted by States; and

(D) the process the Goals Panel uses to approve certification criteria and voluntary national standards;

(2) periodically provide to the Goals Panel and the Council,

as appropriate, information from the evaluation under paragraph (1); and

(3) report on the activities authorized under sections 219

and 220.

(b) REPORT.—The recipient of a grant under this section shall

submit a final report to the Congress, the Secretary, and the public

regarding the activities assisted under this section not later than

January 1, 1998.

PART C—LEADERSHIP IN EDUCATIONAL

TECHNOLOGY

SEC. 231. PURPOSES.

It is the purpose of this part to promote achievement of the

National Education Goals and—
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(1) to provide leadership at the Federal level, through

the Department of Education, by developing a national vision

and strategy—

(A) to infuse technology and technology planning into

all educational programs and training functions carried

out within school systems at the State and local level;

(B) to coordinate educational technology activities

among the related Federal and State departments or agencies, industry leaders, and interested educational and

parental organizations;

(C) to establish working guidelines to ensure maximum

interoperability nationwide and ease of access for the

emerging technologies so that no school system will be

excluded from the technological revolution; and

(D) to ensure that Federal technology-related policies

and programs facilitate the use of technology in education;

(2) to promote awareness of the potential of technology

for improving teaching and learning;

(3) to support State and local efforts to increase the effective

use of technology for education;

(4) to demonstrate ways in which technology can be used

to improve teaching and learning, and to help ensure that

all students have an equal opportunity to meet State education

standards;

(5) to ensure the availability and dissemination of knowledge (drawn from research and experience) that can form the

basis for sound State and local decisions about investment

in, and effective uses of, educational technology; (6) to promote high-quality professional development

opportunities for teachers and administrators regarding the

integration of technology into instruction and administration; (7) to promote the effective uses of technology in existing

Federal education programs, such as chapter 1 of title I of

the Elementary and Secondary Education Act of 1965 and

vocational education programs; and (8) to monitor, advancements in technology to encourage

the development of effective educational uses of technology.

SEC. 232. FEDERAL LEADERSHIP.

(a) ACTIVITIES AUTHORIZED.— (1) IN GENERAL.—In order to provide Federal leadership

that promotes higher student achievement through the use

of technology in education and to achieve the purposes of this

part, the Secretary, in consultation with the Office of Science

and Technology Policy, the National Science Foundation, the

Department of Commerce, the Department of Energy, the

National Aeronautics and Space Administration, and other

appropriate Federal departments or agencies, may carry out

activities designed to achieve the purposes of this part.

(2) TRANSFER OF FUNDS.—For the purpose of carrying out

coordinated or joint activities to achieve the purposes of this

part, the Secretary may accept funds from other Federal departments or agencies.

(b) NATIONAL LONG-RANGE TECHNOLOGY PLAN.—

(1) IN GENERAL.—The Secretary shall develop and publish

within 12 months of the date of enactment of this Act, and

update when the Secretary determines appropriate, a national
H. R. 1804—29

long-range plan that supports the overall national technology

policy and carries out the purposes of this part.

(2) PLAN REQUIREMENTS.—The Secretary shall—

(A) develop the national long-range plan in consultation

with other Federal departments or agencies, State and

local education practitioners and policymakers, experts in

technology and the educational applications of technology,

representatives of distance learning consortia, representatives of telecommunications partnerships receiving assistance under the Star Schools Program Assistance Act, and

providers of technology services and products;

(B) transmit such plan to the President and to the

appropriate committees of the Congress; and

(C) publish such plan in a form that is readily accessible to the public.

(3) CONTENTS OF THE PLAN.—The national long-range plan

shall describe the Secretary’s activities to promote the purposes

of this part, including—

(A) how the Secretary will encourage the effective use

of technology to provide all students the opportunity to

achieve State content standards and State student performance standards, especially through programs administered

by the Department of Education;

(B) joint activities in support of the overall national

technology policy with other Federal departments or agencies, such as the Office of Science and Technology Policy,

the National Endowment for the Humanities, the National

Endowment for the Arts, the National Aeronautics and

Space Administration, the National Science Foundation,

and the Departments of Commerce, Energy, Health and

Human Services, and Labor—

(i) to promote the use of technology in education,

and training and lifelong learning, including plans for

the educational uses of a national information infrastructure; and

(ii) to ensure that the policies and programs of

such departments or agencies facilitate the use of technology for educational purposes, to the extent feasible;

(C) how the Secretary will work with educators, State

and local educational agencies, and appropriate representatives of the private sector to facilitate the effective use

of technology in education; (D) how the Secretary will promote— (i) higher achievement of all students through the

integration of technology into the curriculum;

(ii) increased access to the benefits of technology

for teaching and learning for schools with a high concentration of children from low-income families;

(iii) the use of technology to assist in the

implementation of State systemic reform strategies;

(iv) the application of technological advances to

use in education; and

(v) increased opportunities for the professional

development of teachers in the use of new technologies;

(E) how the Secretary will determine, in consultation

with appropriate individuals, organizations, industries, and

agencies, the feasibility and desirability of establishing
H. R. 1804—30

guidelines to facilitate an easy exchange of data and effective use of technology in education; (F) how the Secretary will utilize the outcome of the evaluation undertaken pursuant to section 908 of the Star

Schools Program Assistance Act to promote the purposes

of this part; and (G) the Secretary’s long-range measurable goals and objectives relating to the purposes of this part. (c) ASSISTANCE.—The Secretary shall provide assistance to the States to enable such States to plan effectively for the use of

technology in all schools throughout the State in accordance with

the purpose and requirements of section 317.

SEC. 233. OFFICE OF EDUCATIONAL TECHNOLOGY.

(a) AMENDMENT TO THE DEPARTMENT OF EDUCATION ORGANIZA- TION ACT.—Title II of the Department of Education Organization Act (20 U.S.C. 3411 et seq.) is amended by adding at the end

the following new section:

‘‘OFFICE OF EDUCATIONAL TECHNOLOGY

‘‘SEC. 216. (a) There shall be in the Department of Education an Office of Educational Technology (hereafter in this section

referred to as the ‘Office’), to be administered by the Director

of Educational Technology. The Director of Educational Technology

shall report directly to the Secretary and shall perform such additional functions as the Secretary may prescribe. ‘‘(b) The Director of the Office of Educational Technology (here- after in this section referred to as the ‘Director’), through the

Office, shall—

‘‘(1) in support of the overall national technology policy

and in consultation with other Federal departments or agencies

which the Director determines appropriate, provide leadership

to the Nation in the use of technology to promote achievement

of the National Education Goals and to increase opportunities

for all students to achieve State content and challenging State

student performance standards;

‘‘(2) review all programs and training functions administered by the Department and recommend policies in order

to promote increased use of technology and technology planning

throughout all such programs and functions; ‘‘(3) review all relevant programs supported by the Department to ensure that such programs are coordinated with and

support the national long-range technology plan developed

pursuant to section 232(b) of the Goals 2000: Educate America

Act; and

‘‘(4) perform such additional functions as the Secretary

may require.

‘‘(c) The Director is authorized to select, appoint, and employ

such officers and employees as may be necessary to carry out

the functions of the Office, subject to the provisions of title 5,

United States Code (governing appointments in the competitive

service), and the provisions of chapter 51 and subchapter III of

chapter 53 of such title (relating to classification and General Schedule pay rates).

‘‘(d) The Secretary may obtain the services of experts and

consultants in accordance with section 3109 of title 5, United States

Code.’’.
H. R. 1804—31

(b) COMPENSATION OF THE DIRECTOR.—Section 5315 of title

5, United States Code, is amended by adding at the end the following:

‘‘Director of the Office of Educational Technology.’’.

SEC. 234. USES OF FUNDS.

(a) IN GENERAL.—The Secretary shall use funds appropriated

pursuant to the authority of section 241(d) for activities designed

to carry out the purpose of this part, including—

(1) providing assistance to technical assistance providers

to enable such providers to improve substantially the services

such providers offer to educators regarding the educational

uses of technology, including professional development;

(2) consulting with representatives of industry, elementary

and secondary education, higher education, and appropriate

experts in technology and the educational applications of technology, in carrying out the activities assisted under this part;

(3) research on, and the development of, guidelines to facilitate maximum interoperability, efficiency and easy exchange

of data for effective use of technology in education;

(4) research on, and the development of, educational

applications of the most advanced and newly emerging

technologies;

(5) the development, demonstration, and evaluation of

applications of existing technology in preschool education,

elementary and secondary education, training and lifelong

learning, and professional development of educational

personnel;

(6) the development and evaluation of software and other

products, including multimedia television programming, that

incorporate advances in technology and help achieve the

National Education Goals and State content standards and

State student performance standards;

(7) the development, demonstration, and evaluation of

model strategies for preparing teachers and other personnel

to use technology effectively to improve teaching and learning;

(8) the development of model programs that demonstrate

the educational effectiveness of technology in urban and rural

areas and economically distressed communities;

(9) research on, and the evaluation of, the effectiveness

and benefits of technology in education, giving priority to

research on, and evaluation of, such effectiveness and benefits

in elementary and secondary schools;

(10) a biennial assessment of, and report to the public

regarding, the uses of technology in elementary and secondary

education throughout the United States upon which private

businesses and Federal, State, and local governments may rely

for decisionmaking about the need for, and provision of, appropriate technologies in schools, by using, to the extent possible,

existing information and resources;

(11) conferences on, and dissemination of information

regarding, the uses of technology in education;

(12) the development of model strategies to promote gender

equity in the use of technology;

(13) encouraging collaboration between the Department of

Education and other Federal departments and agencies in the
H. R. 1804—32

development, implementation, evaluation and funding of

applications of technology for education, as appropriate; and

(14) such other activities as the Secretary determines meet

the purposes of this part.

(b) SPECIAL RULES.—

(1) IN GENERAL.—The Secretary shall carry out the activities described in subsection (a) directly or by grant or contract.

(2) GRANTS AND CONTRACTS.—Each grant or contract under

this part shall be awarded—

(A) on a competitive basis; and

(B) pursuant to a peer review process.

SEC. 235. NON-FEDERAL SHARE.

(a) IN GENERAL.—Subject to subsections (b) and (c), the Secretary may require any recipient of a grant or contract under

this part to share in the cost of the activities assisted under such

grant or contract, which non-Federal share shall be announced

through a notice in the Federal Register and may be in the form

of cash or in-kind contributions, fairly valued.

(b) INCREASE.—The Secretary may increase the non-Federal

share that is required of a recipient of a grant or contract under

this part after the first year such recipient receives funds under

such grant or contract.

(c) MAXIMUM.—The non-Federal share required under this section shall not exceed 50 percent of the cost of the activities assisted

pursuant to a grant or contract under this part.

SEC. 236. OFFICE OF TRAINING TECHNOLOGY TRANSFER.

(a) TRANSFER.— (1) IN GENERAL.—The Office of Training Technology Transfer as established under section 6103 of the Training Technology

Transfer Act of 1988 (20 U.S.C. 5093) is transferred to and

established in the Office of Educational Technology. (2) TECHNICAL AMENDMENT.—The first sentence of section

6103(a) of the Training Technology Transfer Act of 1988 (20

U.S.C. 5093(a)) is amended by striking ‘‘Office of Educational

Research and Improvement’’ and inserting ‘‘Office of Educational Technology’’.

PART D—AUTHORIZATION OF

APPROPRIATIONS

SEC. 241. AUTHORIZATION OF APPROPRIATIONS.

(a) NATIONAL EDUCATION GOALS PANEL.—There are authorized

to be appropriated $3,000,000 for fiscal year 1994, and such sums

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

to carry out part A of this title.

(b) NATIONAL EDUCATION STANDARDS AND IMPROVEMENT COUNCIL.—There are authorized to be appropriated $3,000,000 for fiscal

year 1994, and such sums as may be necessary for each of the

fiscal years 1995 through 1998, to carry out part B of this title.

(c) OPPORTUNITY-TO-LEARN DEVELOPMENT GRANTS.—There are

authorized to be appropriated $2,000,000 for fiscal year 1994, and

such sums as may be necessary for fiscal year 1995, to carry

out section 219.

(d) ASSESSMENT DEVELOPMENT AND EVALUATION GRANTS.—

There are authorized to be appropriated $5,000,000 for fiscal year
H. R. 1804—33

1994, and such sums as may be necessary for each of the 4 succeeding fiscal years, to carry out section 220.

TITLE III—STATE AND LOCAL

EDUCATION SYSTEMIC IMPROVEMENT

SEC. 301. FINDINGS.

The Congress finds that—

(1) all students can learn and achieve to high standards

and must realize their potential if the United States is to

prosper;

(2) the reforms in education from 1977 through 1992 have

achieved some good results, but such reform efforts often have

been limited to a few schools or to a single part of the educational system;

(3) leadership must come from teachers, related services

personnel, principals, and parents in individual schools, and

from policymakers at the local, State, tribal, and national levels,

in order for lasting improvements in student performance to

occur;

(4) simultaneous top-down and bottom-up education reform

is necessary to spur creative and innovative approaches by

individual schools to help all students achieve internationally

competitive standards;

(5) strategies must be developed by communities and States

to support the revitalization of all local public schools by fundamentally changing the entire system of public education

through comprehensive, coherent, and coordinated improvement in order to increase student learning; (6) parents, teachers, and other local educators, and business, community, and tribal leaders must be involved in developing systemwide improvement strategies that reflect the needs

of their individual communities;

(7) State and local education improvement efforts must

incorporate strategies for providing all students and families

with coordinated access to appropriate social services, health

care, nutrition, and early childhood education, and child care

to remove preventable barriers to learning and enhance school

readiness for all students;

(8) States and local educational agencies, working together,

must immediately set about developing and implementing such

systemwide improvement strategies if our Nation is to educate

all children to meet their full potential and achieve the National

Education Goals described in title I;

(9) State and local systemic improvement strategies must

provide all students with effective mechanisms and appropriate

paths to the work force as well as to higher education;

(10) businesses should be encouraged—

(A) to enter into partnerships with schools;

(B) to provide information and guidance to schools

based on the needs of area businesses for properly educated

graduates in general and on the need for particular workplace skills that the schools may provide;

(C) to provide necessary education and training materials and support; and
H. R. 1804—34

(D) to continue the lifelong learning process throughout the employment years of an individual;

(11) schools should provide information to businesses

regarding how the business community can assist schools in

meeting the purposes of this Act; (12) institutions of higher education should be encouraged to enter into partnerships with schools to provide information

and guidance to schools on the skills and knowledge graduates

need in order to enter and successfully complete postsecondary

education, and schools should provide information and guidance

to institutions of higher education on the skills, knowledge,

and preservice training teachers need, and the types of professional development educators need in order to meet the purposes of this Act; (13) the appropriate and innovative use of technology, including distance learning, can be very effective in helping

to provide all students with the opportunity to learn and meet

high standards;

(14) Federal funds should be targeted to support State

and local initiatives, and to leverage State and local resources

for designing and implementing systemwide education improvement plans;

(15) all students are entitled to participate in a broad

and challenging curriculum and to have access to resources

sufficient to address other education needs; and

(16) quality education management services are being utilized by local educational agencies and schools through contractual agreements among local educational agencies or schools

and businesses providing quality education management services.

SEC. 302. PURPOSE.

(a) PURPOSE.—It is the purpose of this title to improve the

quality of education for all students by improving student learning

through a long-term, broad-based effort to promote coherent and

coordinated improvements in the system of education throughout

the Nation at the State and local levels.

(b) CONGRESSIONAL INTENT.—This title provides new authorities and funding for the Nation’s school systems without replacing

or reducing funding for existing Federal education programs. It

is the intention of the Congress that no State or local educational

agency will reduce its funding for education or for education reform

on account of receiving any funds under this title.

SEC. 303. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated $400,000,000 for the

fiscal year 1994, and such sums as may be necessary for each

of the fiscal years 1995 through 1998, to carry out this title.

SEC. 304. ALLOTMENT OF FUNDS.

(a) RESERVATIONS OF FUNDS.—From funds appropriated under

section 303, the Secretary— (1) shall reserve a total of one percent to provide assistance,

in amounts determined by the Secretary—

(A) to the outlying areas;

(B) to the Secretary of the Interior to benefit Indian

students in schools operated or funded by the Bureau;

and
H. R. 1804—35

(C) to the Alaska Federation of Natives in cooperation

with the Alaska Native Education Council to benefit Alaska

Native students; and

(2) may reserve a total of not more than 5 percent for—

(A) national leadership activities under sections 313

and 314;

(B) the costs of peer review of State improvement plans

and applications under this title; and

(C) evaluation activities under section 221.

(b) STATE ALLOTMENTS.—From the amount appropriated under

section 303 and not reserved under subsection (a) in each fiscal

year the Secretary shall make allotments to State educational agencies as follows:

(1) 50 percent of such amount shall be allocated in accordance with the relative amounts each State would have received

under chapter 1 of title I of the Elementary and Secondary

Education Act of 1965 for the preceding fiscal year if funds

under such chapter in such preceding fiscal year were not

reserved for the outlying areas.

(2) 50 percent of such amount shall be allocated in accordance with the relative amounts each State would have received

under part A of chapter 2 of title I of the Elementary and

Secondary Education Act of 1965 for the preceding fiscal year

if funds under such chapter in such preceding fiscal year were

not reserved for the outlying areas.

(c) REALLOTMENTS.—If the Secretary determines that any

amount of a State educational agency’s allotment for any fiscal

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

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

State educational agencies that need additional funds, in such manner as the Secretary determines is appropriate.

(d) MAINTENANCE OF EFFORT.—Each recipient of funds under

this title, in utilizing the proceeds of an allotment received under

this title, shall maintain the expenditures of such recipient for

the activities assisted under this title at a level equal to not less

than the level of such expenditures maintained by such recipient

for the fiscal year preceding the fiscal year for which such allotment

is received, except that the Secretary may reduce, temporarily or

permanently, the level of expenditures required by this subsection

if the Secretary determines that such recipient has justifiable reasons for a reduction in the level of expenditures required by this

subsection.

SEC. 305. STATE APPLICATIONS.

(a) APPLICATION.—

(1) IN GENERAL.—Each State educational agency that

desires to receive an allotment under this title shall submit

an application to the Secretary at such time and in such manner

as the Secretary may determine.

(2) ADDITIONAL INFORMATION.—In addition to the information described in subsections (b) and (c), each such application

shall include—

(A) an assurance that the State educational agency

will cooperate with the Secretary in carrying out the Secretary’s responsibilities under section 312, and will comply

with reasonable requests of the Secretary for data related
H. R. 1804—36

to the State’s progress in developing and implementing

its State improvement plan under section 306;

(B) an assurance that State law provides adequate

authority to carry out each component of the State’s

improvement plan developed, or to be developed under

section 306, or that such authority will be sought;

(C) an assurance that the State content standards

and State student performance standards developed for

student achievement are not less rigorous than such standards used prior to the date of enactment of this Act;

(D) an assurance that the State will provide for broad

public participation in the planning process; and

(E) such other assurances and information as the Secretary may require.

(b) FIRST YEAR.—A State educational agency’s application for

the first year of assistance under this title shall—

(1) describe the process by which the State educational

agency will develop a State improvement plan that meets the

requirements of section 306; and

(2) describe how the State educational agency will use

funds received under this title for such year, including how

such agency will make subgrants to local educational agencies

in accordance with section 309(a), and how such agency will

use funds received under this title for education preservice

programs and professional development activities in accordance

with section 309(b).

(c) SUBSEQUENT YEARS.—A State educational agency’s application for the second year of assistance under this title shall— (1) cover the second through fifth years of the State’s

participation;

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

meets the requirements of section 306, or if the State improvement plan is not complete, a statement of the steps the State

will take to complete the plan and a schedule for doing so;

and

(3) include an explanation of how the State educational

agency will use funds received under this title, including how

such agency will make subgrants to local educational agencies

in accordance with section 309(a), and how such agency will

use such funds received under this title for education preservice

programs and professional development activities in accordance

with section 309(b).

SEC. 306. STATE IMPROVEMENT PLANS.

(a) BASIC SCOPE OF PLAN.—Except as provided in section

305(c)(2) and consistent with the requirements of this section, any

State educational agency that wishes to receive an allotment under

this title after its first year of participation shall develop and

implement a State improvement plan for the improvement of

elementary and secondary education in the State.

(b) PLAN DEVELOPMENT.—

(1) IN GENERAL.—A State improvement plan under this

title shall be developed by a broad-based State panel in cooperation with the State educational agency and the Governor. The

panel shall include—

(A) the Governor and the chief State school officer,

or their designees;
H. R. 1804—37

(B) the chairperson of the State board of education

and the chairpersons of the appropriate authorizing

committees of the State legislature, or their designees;

(C) teachers, principals, and administrators who have

successfully improved student performance, and deans or

senior administrators of a college, school, or department

of education;

(D) representatives of teacher’s organizations, parents,

secondary school students, institutions of higher education,

business and labor leaders, community-based organizations

of demonstrated effectiveness, organizations serving young

children, local boards of education, State and local officials

responsible for health, social, and other related services,

private schools in which students or teachers participate

in Federal education programs, and, as appropriate, Indian

tribes and others;

(E) representatives from rural and urban local educational agencies in the State, as appropriate; and

(F) experts in educational measurement and assessment.

(2) APPOINTMENT.—The Governor and the chief State school

officer shall each appoint half the members of the panel and

shall jointly select the Chairperson of the panel and the representative of private schools described in paragraph (1)(D).

(3) REPRESENTATION.—(A) To the extent feasible, the membership of the panel shall be geographically representative of

the State and reflect the diversity of the population of the

State with regard to race, ethnicity, gender, and disability

characteristics.

(B) The membership of the panel shall be composed so

that the minimum total number of members of the panel with

expertise or background in the educational needs or assessments of children from low-income families, children with

minority backgrounds, children with limited-English proficiency, or children with disabilities, serving on the panel— (i) bears the same relation to the total number of

members serving on the panel as the total number of

all such children in the State bears to the total number

of all children in the State; or

(ii) is at least one-third of the number of members

of the panel,

whichever is less.

(4) CONSULTATION.—The panel shall consult the Governor,

the chief State school officer, the State board of education,

and relevant committees of the State legislature in developing

the State improvement plan.

(5) OUTREACH.—The panel shall be responsible for conducting a statewide, grassroots outreach process, including conducting public hearings, to involve educators, related services

personnel, parents, local officials, tribal government officials

as appropriate, individuals representing private nonprofit

elementary and secondary schools, community and business

leaders, citizens, children’s advocates, secondary school students, and others with a stake in the success of students

and their education system, and who are representative of

the diversity of the State and the State’s student population,

including, students of limited-English proficiency, students with
H. R. 1804—38

disabilities, and, as appropriate, American Indian, Alaska

Native, and Native Hawaiian students, in the development

of the State improvement plan and in a continuing dialogue

regarding the need for and nature of standards for students

and local and State responsibilities for helping all students

achieve such standards in order to assure that the development

and implementation of the State improvement plan reflects

local needs and experiences and does not result in a significant

increase in paperwork for teachers.

(6) PROCEDURE AND APPROVAL.—The panel shall develop

a State improvement plan, provide opportunity for public comment, and submit such plan to the State educational agency

for approval.

(7) SUBMISSION.—The State educational agency shall submit the original State improvement plan developed by the panel

and the State improvement plan if modified by such agency,

together with an explanation of any changes made by such

agency to the plan developed by the panel, to the Secretary

for approval.

(8) MATTERS NOT UNDER THE JURISDICTION OF THE STATE

EDUCATIONAL AGENCY.—If any portion of a State improvement

plan addresses matters that, under State or other applicable

law, are not under the authority of the State educational

agency, the State educational agency shall obtain the approval

of, or changes to, such portion, with an explanation thereof,

from the Governor or other official responsible for that portion

before submitting such plan to the Secretary.

(9) MONITORING; REVISIONS; REPORTING.—After approval of

the State improvement plan by the Secretary, the panel shall

be informed of progress on such plan by the State educational

agency, and such agency, in close consultation with teachers,

principals, administrators, advocates and parents in local educational agencies and schools receiving funds under this title,

shall monitor the implementation and operation of such plan.

The panel shall review such plan, and based on the progress

described in the preceding sentence, determine if revisions to

such plan are appropriate and necessary. The panel shall

periodically report such determination to the public.

(c) TEACHING, LEARNING, STANDARDS, AND ASSESSMENTS.—Each

State educational agency, with broad-based classroom teacher input,

shall establish and include in its State improvement plan strategies

for meeting the National Education Goals by improving teaching

and learning and students’ mastery of basic and advanced skills

in core content areas, such as English, mathematics, science (including physics), history, geography, foreign languages, the arts, civics

and government, and economics. Such strategies—

(1) shall include—

(A) a process for developing or adopting State content

standards and State student performance standards for

all students, which process shall include coordinating the

standards developed pursuant to section 115 of the Carl

D. Perkins Vocational and Applied Technology Education

Act;

(B) a process for developing and implementing valid,

nondiscriminatory, and reliable State assessments—

(i) which assessments shall—
H. R. 1804—39

(I) be aligned with such State’s content standards;

(II) involve multiple measures of student

performance;

(III) provide for—

(aa) the participation in such assessments

of all students with diverse learning needs;

and

(bb) the adaptations and accommodations

necessary to permit such participation;

(IV) be consistent with relevant, nationally

recognized professional and technical standards for

such assessments;

(V) be capable of providing coherent information about student attainments relative to the

State content standards; and

(VI) support effective curriculum and instruction; and

(ii) which process shall provide for monitoring the

implementation of such assessments and the impact

of such assessments on improved instruction for all

students;

(C) a process for aligning State or local curricula,

instructional materials, and State assessments with the

State content standards and State student performance

standards; and

(D) a process for familiarizing teachers with the State

content standards and State student performance standards and developing the capability of teachers to provide

high quality instruction within the content areas described

in the matter preceding paragraph (1) of this subsection;

(2) may include strategies such as—

(A) a process for providing assistance and support to

local educational agencies and schools to strengthen the

capacity of such agencies and schools to provide all students

the opportunity to increase educational achievement and

meet State content standards and State student performance standards;

(B) assessing the effectiveness and equity of the school

finance program of the State to identify disparities in the

resources available to each local educational agency and

school in such State and how such disparities affect the

ability of the State educational agency and local educational

agencies to develop and implement plans under this title;

(C) a process for developing, selecting, or recommending instructional materials, including gender equitable and

multicultural materials, and technology to support and

assist local educational agencies and schools to provide

all students the opportunity to meet State content standards and State student performance standards;

(D) a process for providing appropriate and effective

professional development, including the use of technology,

distance learning, and gender-equitable methods, necessary

for teachers, school administrators, and others to help all

students meet State content standards and State student

performance standards; and
H. R. 1804—40

(E) a process for improving the State’s system of

teacher and school administrator preparation and licensure,

and of continuing professional development programs,

including the use of technology at both the State and

local levels, so that all teachers, related services personnel,

and administrators develop the subject matter and pedagogical expertise needed to prepare all students to meet

State content standards and State student performance

standards.

(d) OPPORTUNITY-TO-LEARN STANDARDS AND STRATEGIES.—

(1) IN GENERAL.—Each State improvement plan shall establish standards or strategies for providing all students with

an opportunity to learn. Such standards or strategies shall

include such factors as the State deems appropriate to ensure

that all students receive a fair opportunity to achieve the

knowledge and skills as described in State content standards

and State student performance standards adopted by the State.

(2) IMPLEMENTATION.—Notwithstanding any other provision of this Act, the implementation of opportunity-to-learn

standards or strategies shall be voluntary on the part of the

States, local educational agencies, and schools.

(3) CONSTRUCTION.—Nothing in this section shall be construed to—

(A) mandate equalized spending per pupil for a State,

local educational agency, or school; or

(B) mandate national school building standards for

a State, local educational agency, or school.

(e) GOVERNANCE, ACCOUNTABILITY AND MANAGEMENT.—Each

State improvement plan shall establish strategies for improved

governance, accountability and management of the State’s education

system, such as—

(1) aligning responsibility, authority, and accountability

throughout the education system, so that decisions regarding

the means for achieving State content standards and State

student performance standards are made closest to the learners;

and

(2) creating an integrated and coherent approach to recruiting, retaining and supporting the continued professional development of teachers (including vocational teachers), and other

educators, giving special attention to the recruitment into and

retention of qualified minorities in the education profession.

(f) PARENTAL AND COMMUNITY SUPPORT AND INVOLVEMENT.—

Each State improvement plan shall describe strategies for how

the State educational agency will involve parents and other community representatives in planning, designing, and implementing the

State improvement plan, including strategies such as—

(1) focusing public and private community resources and

public school resources on prevention and early intervention

to address the needs of all students by identifying and removing

unnecessary regulations and obstacles to coordination; and

(2) increasing the access of all students to social services,

health care, nutrition, related services, and child care services,

and locating such services in schools, cooperating service agencies, community-based centers, or other convenient sites

designed to provide ‘‘one-stop shopping’’ for parents and students.
H. R. 1804—41

(g) MAKING THE IMPROVEMENTS SYSTEMWIDE.—To help provide

all students throughout the State the opportunity to meet State

standards, each State improvement plan shall describe strategies,

such as strategies that—

(1) provide for the availability of curricular materials,

learning technologies, including distance learning, and professional development in a manner that ensures equal access

by all local educational agencies in the State; and

(2) develop partnerships with Indian tribes and schools

funded by the Bureau, where appropriate, to improve consistency and compatibility in curriculum among public elementary

and secondary schools, and such schools funded by the Bureau

at all grade levels.

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

plan shall include strategies for ensuring that comprehensive, systemic reform is promoted from the bottom up in communities,

local educational agencies, and schools, as well as guided by

coordination and facilitation from State leaders, including strategies

such as—

(1) providing flexibility to individual schools and local educational agencies to enable such schools and agencies to adapt

and integrate State content standards into courses of study

appropriate for individual schools and communities; and

(2) facilitating the provision of waivers from State rules

and regulations that impede the ability of local educational

agencies or schools to carry out local improvement plans.

(i) DROPOUT STRATEGIES.—Each State improvement plan shall

include strategies for assisting local educational agencies and

schools to enable such agencies and schools—

(1) to meet the needs of school-aged children who have

dropped out of school;

(2) to bring such children into the education system; and

(3) to help such students meet State content standards

and State student performance standards.

(j) COORDINATION WITH SCHOOL-TO-WORK PROGRAMS.—If a

State has received Federal assistance for the purpose of planning

for, expanding, or establishing a school-to-work program, then a

State shall include in the State improvement plan a description

of how such school-to-work program will be incorporated into the

school reform efforts of the State. In particular, the State improvement plan shall include a description of how secondary schools

will be modified in order to provide career guidance, the integration

of academic and vocational education, and work-based learning,

if such programs are proposed in the State’s school-to-work plan.

(k) BENCHMARKS AND TIMELINES.—Each State improvement

plan shall include specific benchmarks of improved student performance and of progress in implementing such plan, and timelines

against which the progress of the State in carrying out such plan,

including the elements described in subsections (c) through (j),

can be measured.

(l) COORDINATING STRATEGIES.—Each State plan shall include

strategies for coordinating the integration of academic and vocational instruction pursuant to the Carl D. Perkins Vocational and

Applied Technology Education Act.

(m) PROGRAM IMPROVEMENT AND ACCOUNTABILITY.—Each State

improvement plan shall describe—
H. R. 1804—42

(1) how the State will monitor progress towards implementing the State and local improvement plans; and

(2) procedures the State plans to use, consistent with State

law, to improve schools that are not meeting the State content

standards voluntarily adopted by the State within the established timelines.

(n) PEER REVIEW AND SECRETARIAL APPROVAL.—

(1) IN GENERAL.—(A) The Secretary shall review, within

a reasonable period of time, each State improvement plan prepared under this section, and each application submitted under

section 305, through a peer review process involving the assistance and advice of State and local education policymakers,

educators, classroom teachers, related services personnel,

experts on educational innovation and improvement, parents,

advocates, and other appropriate individuals. Such peer review

process shall be representative of the diversity of the United

States with regard to geography, race, ethnicity, gender and

disability characteristics. Such peer review process shall include

at least 1 site visit to each State, except during the period

when a State improvement plan is being developed.

(B) Notwithstanding the provisions of subparagraph (A),

in the first year that a State educational agency submits an

application for development of a State improvement plan under

this title the Secretary shall not be required to—

(i) review such application through a peer review process; and

(ii) conduct a site visit.

(2) APPROVAL.—The Secretary shall approve a State

improvement plan if such plan is submitted to the Secretary

not later than 2 years after the date the State educational

agency receives its first allotment under section 304(b), and

when the Secretary determines, after considering the peer

reviewers’ comment, that such plan—

(A) reflects a widespread commitment within the State;

(B) holds reasonable promise of helping all students

to achieve at the high levels called for by this Act;

(C) meets the requirements of subsections (a) through

(k); and

(D) allows local schools, local educational agencies and

communities the flexibility to implement local improvement

plans in a manner which reflects local needs and requirements in order to promote a ‘bottom up’ system of school

reform.

(3) DISAPPROVAL.—The Secretary shall not disapprove a

State improvement plan, or any State application submitted

under section 305, before offering the State—

(A) an opportunity to revise such plan or application;

and

(B) a hearing.

(o) REGULAR REVIEW.—Each State improvement plan shall

include a process for periodically reviewing and updating any State

content standards, State student performance standards, State

opportunity-to-learn standards or strategies, and State assessments.

(p) AMENDMENTS TO PLAN.—

(1) IN GENERAL.—Each State educational agency shall

periodically review its State improvement plan and revise such
H. R. 1804—43

plan, as appropriate, in accordance with the process described

in subsection (b).

(2) REVIEW.—The Secretary shall review any major amendment to a State improvement plan and shall not disapprove

any such amendment before offering a State educational

agency—

(A) an opportunity to revise such amendment; and

(B) a hearing.

(q) PREEXISTING STATE PLANS AND PANELS.—

(1) IN GENERAL.—If a State has developed a comprehensive

and systemic State improvement plan to help all students meet

State standards or any component of such plan, that meets

the intent and purposes of this section, then the Secretary

may approve such plan or component notwithstanding that

such plan was not developed in accordance with subsection

(b) if the Secretary determines that such approval would further

the purposes of State systemic education improvement.

(2) SPECIAL RULE.—(A) If, before the date of enactment

of this Act, a State has made substantial progress in developing

a plan that meets the intent and purposes of this section,

but was developed by a panel that does not meet the requirements of paragraphs (1) through (3) of subsection (b), the Secretary may, at the request of the Governor and the State

educational agency, treat such panel as meeting the requirements of this title if the Secretary determines that there has

been statewide involvement of educators, parents, students,

advocacy groups, and other interested members of the public

in the development of the plan.

SEC. 307. SECRETARY’S REVIEW OF APPLICATIONS; PAYMENTS.

(a) FIRST YEAR.—The Secretary shall approve the State educational agency’s first year application under section 305(b) if the

Secretary determines that—

(1) such application meets the requirements of this title;

and

(2) there is a substantial likelihood that the second year

application of the State educational agency under section 305(c)

will provide for the development and implementation of a State

improvement plan that complies with section 306.

(b) SECOND THROUGH FIFTH YEARS.—The Secretary shall

approve the State educational agency’s second year application

under section 305(c)(1) for the second through fifth years of participation only if—

(1)(A) the Secretary has approved the State improvement

plan under section 306(n); or

(B) the Secretary determines that the State has made

substantial progress in developing its State improvement plan

and will implement such plan not later than the end of the

second year of participation; and

(2) the application meets the other requirements of this

title.

(c) PAYMENTS.—For any fiscal year for which a State has an

approved application under this title, the Secretary shall provide

an allotment to the State educational agency in the amount determined under section 304(b).
H. R. 1804—44

SEC. 308. STATE USE OF FUNDS.

(a) FIRST YEAR.—In the first year for which a State educational

agency receives an allotment under this title, such agency—

(1) if the amount made available under section 303 for

such year is equal to or greater than $50,000,000, shall use

at least 60 percent of such allotted funds to award subgrants—

(A) in accordance with section 309(a), to local educational agencies for the development or implementation

of local improvement plans; and

(B) in accordance with section 309(b), to improve

educator preservice programs and for professional development activities consistent with the State improvement plan;

(2) if the amount made available under section 303 for

such year is less than $50,000,000, may use such funds for

the subgrants described in paragraph (1); and

(3) shall use any such allotted funds not used in accordance

with paragraphs (1) and (2) to develop, revise, expand, or

implement a State improvement plan described in section 306.

(b) SUCCEEDING YEARS.—Each State educational agency that

receives an allotment under this title for any year after the first

year of such agency receives assistance under this title shall—

(1) use at least 90 percent of such allotment to make

subgrants—

(A) in accordance with section 309(a), to local educational agencies for the implementation of the State

improvement plan and of local improvement plans; and

(B) in accordance with section 309(b), to improve

educator preservice programs and for professional development activities that are consistent with the State improvement plan; and

(2) use the remainder of such assistance for State activities

designed to implement its State improvement plan, such as—

(A) supporting the development or adoption of State

content standards and State student performance standards, State opportunity-to-learn standards, and State

assessments linked to such standards, including—

(i) through consortia of States; or

(ii) with the assistance of the National Education

Standards and Improvement Council established under

part B of title II;

(B) supporting the implementation of high-performance

management and organizational strategies, such as sitebased management, shared decisionmaking, or quality

management principles, to promote effective implementation of such plan;

(C) supporting the development and implementation,

at the local educational agency and school building level,

of improved human resource development systems for

recruiting, selecting, mentoring, supporting, evaluating and

rewarding educators;

(D) providing special attention to the needs of minority,

limited-English proficient, disabled, and female students,

including instructional programs and activities that encourage such students in elementary and secondary schools

to aspire to enter and complete post-secondary education

or training;
H. R. 1804—45

(E) supporting innovative and proven methods of

enhancing a teacher’s ability to identify student learning

needs, and motivating students to develop higher order

thinking skills, discipline, and creative resolution methods;

(F) supporting the development, at the State or local

level, of performance-based accountability and incentive

systems for schools;

(G) outreach to and training for parents, tribal officials,

organizations serving young children, classroom teachers,

related services personnel, and other educators, and the

public, related to education improvement;

(H) providing technical assistance and other services

to increase the capacity of local educational agencies and

schools to develop and implement systemic local improvement plans, implement new State assessments, and develop

curricula consistent with the State content standards and

State student performance standards;

(I) promoting public magnet schools, public ‘‘charter

schools’’, and other mechanisms for increasing choice

among public schools, including information and referral

programs which provide parents with information on available choices;

(J) supporting activities relating to the planning of,

and evaluation of, projects under which local educational

agencies or schools contract with private management

organizations to reform a school;

(K) supporting intergenerational mentoring programs;

(L) supporting the development, at the State or local

level, of school-based programs that restore discipline and

reduce violence in schools and communities, such as

community mobilization programs; and (M) collecting and analyzing data. (c) LIMIT ON ADMINISTRATIVE COSTS.—A State educational

agency that receives an allotment under this title in any fiscal

year shall use not more than 4 percent of such allotment in such

year, or $100,000, whichever is greater, for administrative expenses,

which administrative expenses shall not include the expenses

related to the activities of the panel established under section

306(b)(1).

(d) SPECIAL RULE.—Any new public school established under

this title—

(1) shall be nonsectarian;

(2) shall not be affiliated with a nonpublic sectarian school

or religious institution; and (3) shall operate under the authority of a State educational

agency or local educational agency.

SEC. 309. SUBGRANTS FOR LOCAL REFORM AND PROFESSIONAL

DEVELOPMENT.

(a) SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.—

(1) IN GENERAL.—(A) Each State educational agency shall

make subgrants, through a competitive process to carry out

the authorized activities described in paragraph (4), to local

educational agencies (or consortia of such agencies) in accordance with section 308.

(B) In making such subgrants, the State educational agency

shall award not less than 1 subgrant in each fiscal year to
H. R. 1804—46

an urban local educational agency and not less than 1 subgrant

in each fiscal year to a rural local educational agency, where

appropriate, except that this provision shall not apply to the

District of Columbia. An education service agency may serve

as a fiscal agent for a rural local educational agency.

(C) Each such subgrant shall be for a project of sufficient

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

out the purpose of this title effectively.

(2) APPLICATION REQUIRED.—(A) A local educational agency

desiring to receive a subgrant under this subsection for the

development of a local improvement plan shall submit an

application to the State educational agency. Such application

shall contain assurances that the local educational agency

intends to develop a local improvement plan that meets the

requirements of this section.

(B) A local educational agency only shall be eligible to

receive a subgrant under this subsection to develop a local

improvement plan for one fiscal year.

(3) PLAN REQUIRED.—Each local educational agency desiring to receive a subgrant under this subsection to implement

a local improvement plan shall submit a local improvement

plan to the State educational agency. Each such plan shall—

(A) be developed by a broad-based panel that—

(i) is appointed by the local educational agency

and is representative of the diversity of students and

community with regard to race, language, ethnicity,

gender, disability, and socioeconomic characteristics

and includes teachers, parents, advocacy groups, school

administrators, business representatives, and others,

as appropriate; and

(ii) shall, following the selection of its members,

establish the procedures regarding the operation of

the panel, including the designation of the chairperson;

(B) address districtwide education improvement,

directed at enabling all students to meet the State content

standards and State student performance standards,

including specific goals and benchmarks, reflect the priorities of the State improvement plan (either approved or

under development) and include a strategy for— (i) ensuring that all students have a fair opportunity to learn; (ii) improving teaching and learning;

(iii) improving governance and management;

(iv) generating, maintaining, and strengthening

parental and community involvement; and

(v) expanding improvements throughout the local

educational agency;

(C) promote the flexibility of local schools in developing

plans which address the particular needs of their school

and community and are consistent with the local improvement plan;

(D) describe a process of broad-based community

participation in the development, implementation, and

evaluation of the local improvement plan;

(E) describe how the local educational agency will

encourage and assist schools to develop and implement

comprehensive school improvement plans that—
H. R. 1804—47

(i) focus on helping all students reach State content

standards and State student performance standards;

and

(ii) address relevant elements of the local improvement plan of the local educational agency identified

in subparagraph (B);

(F) describe how the local educational agency will

implement specific programs aimed at ensuring improvements in school readiness and the ability of students to

learn effectively at all grade levels by identifying the most

pressing needs facing students and their families with

regard to social services, health care, nutrition, and child

care, and entering into partnerships with public and private

nonprofit agencies to increase the access of students and

families to coordinated nonsectarian services in a school

setting or at a nearby site;

(G) describe how the subgrant funds will be used by

the local educational agency, and the procedures to be

used to make funds available to schools in accordance

with paragraph (6)(A);

(H) identify, with an explanation, any State or Federal

requirements that the local educational agency believes

impede educational improvement and that such agency

requests be waived in accordance with section 311, which

requests shall promptly be transmitted to the Secretary

by the State educational agency; and

(I) contain such other information as the State educational agency may reasonably require.

(4) SUBMISSION.—A local educational agency which has

approved a local improvement plan shall submit such plan

to the State educational agency for approval together with

a description of modifications to such plan and any comments

from the local panel regarding such plan. (5) MONITORING.—The panel described in paragraph (3)(A),

after approval of the local educational agency’s application by

the State educational agency, shall be informed of progress

on such plan by the local educational agency, and the local

educational agency shall monitor the implementation and

effectiveness of the local improvement plan in close consultation

with teachers, related services personnel, principals, administrators, community members, and parents from schools receiving funds under this title, as well as assure that implementation

of the local improvement plan does not result in a significant

increase in paperwork for teachers. The panel shall review

such plan and based on the progress described in the preceding

sentence, determine if revisions to the local improvement plan

should be recommended to the local educational agency. The

panel shall periodically report such determination to the public.

(6) AUTHORIZED ACTIVITIES.—(A) A local educational agency

that receives a subgrant under this subsection—

(i) in the first year such agency receives the subgrant

shall use—

(I) not more than 25 percent of the subgrant funds

to develop a local improvement plan or for any local

educational agency activities approved by the State

educational agency that are reasonably related to

carrying out the State or local improvement plans,
H. R. 1804—48

which may include the establishment of innovative

new public schools; and

(II) not less than 75 percent of the subgrant funds

to support individual school improvement initiatives

related to providing all students in the school the

opportunity to meet State content standards and State

student performance standards; and

(ii) in subsequent years, shall use subgrant funds for

any activities approved by the State educational agency

which are reasonably related to carrying out the State

or local improvement plans which may include the

establishment of innovative new public schools, except that

at least 85 percent of such funds shall be made available

to individual schools to develop and implement comprehensive school improvement plans which are designed to meet

the needs of their particular student population and help

all students meet State content standards and State student performance standards.

(B) At least 50 percent of the funds made available by

a local educational agency to individual schools under this

section in any fiscal year shall be made available to schools

with a special need for such assistance, as indicated by a

high number or percentage of students from low-income families, low student achievement, or other similar criteria developed by the local educational agency.

(C) A local educational agency may not use more than

five percent of the subgrant funds such agency receives in

each fiscal year under this title for administrative expenses.

(7) SPECIAL CONSIDERATION.—The State educational agency

shall give special consideration in awarding a subgrant to—

(A) a consortium of local educational agencies; or

(B) a local educational agency that provides in the

application or local improvement plan described in paragraph (2) or (3), respectively, that such subgrant funds

will be used to assist a consortium of schools that has

developed a plan for school improvement.

(b) SUBGRANTS FOR PRESERVICE TEACHER EDUCATION AND

PROFESSIONAL DEVELOPMENT ACTIVITIES.—

(1) IN GENERAL.—(A) Each State educational agency shall

make subgrants, through a competitive, peer-reviewed process

to a local educational agency, or a consortium of local educational agencies, in cooperation with institutions of higher

education, nonprofit organizations, or any combination thereof,

in accordance with section 308 to—

(i) improve preservice teacher education programs

consistent with the State improvement plan, including how

to work effectively with parents and the community; and

(ii) support continuing, sustained professional development activities for educators and school administrators

or related services personnel working with educators which

will increase student learning in accordance with the State

improvement plan.

(B) Each State educational agency awarding subgrants

under subparagraph (A) shall give priority to awarding such

subgrants to—
H. R. 1804—49

(i) a local educational agency or consortium serving

a greater number or percentage of disadvantaged students

than the statewide average of such number or percentage;

(ii) a local educational agency or consortium that forms

partnerships with collegiate educators to establish professional development sites; and

(iii) a local educational agency or consortium that—

(I) focuses on upgrading teachers’ knowledge of

content areas; or

(II) targets preparation and continued professional

development of teachers of students with limited-English proficiency and students with disabilities.

(2) APPLICATION.—Each local educational agency or consortium that desires to receive a subgrant under this subsection

shall submit an application to the State educational agency

which—

(A) describes how the applicant will use the subgrant

to improve teacher preservice and school administrator education programs or to implement educator professional

development activities consistent with the State improvement plan;

(B) identifies the criteria to be used by the applicant

to judge improvements in preservice education or the effects

of professional development activities consistent with the

State improvement plan; and

(C) contains any other information that the State educational agency determines is appropriate.

(3) REQUIRED ACTIVITIES.—A recipient of a subgrant under

this subsection shall use the subgrant funds for activities

supporting—

(A) the improvement of preservice teacher education

and school administrator programs so that such programs

equip educators with the subject matter and pedagogical

expertise necessary for preparing all students to meet

standards; or

(B) the development and implementation of new and

improved forms of continuing and sustained professional

development opportunities for teachers, principals, and

other educators at the school or district level that equip

educators with such expertise, and with other knowledge

and skills necessary for leading and participating in

continuous education improvement.

(4) PERMISSIVE ACTIVITIES.—A recipient of a subgrant under

this subsection may use the subgrant funds for costs related

to release time for teachers to participate in professional development activities, which professional development shall include

related services personnel as appropriate.

(c) SPECIAL AWARD RULE.—

(1) IN GENERAL.—Each State educational agency shall

award at least 50 percent of subgrant funds under subsection

(a) in each fiscal year to local educational agencies that have

a greater percentage or number of disadvantaged children than

the statewide average such percentage or number for all local

educational agencies in the State.

(2) WAIVER.—The State educational agency may waive the

requirement of paragraph (1) if such agency does not receive
H. R. 1804—50

a sufficient number of applications to comply with such requirement.

SEC. 310. AVAILABILITY OF INFORMATION AND TRAINING.

(a) INFORMATION AND TRAINING.—Proportionate to the number

of children in a State or in a local educational agency who are

enrolled in private elementary or secondary schools— (1) a State educational agency or local educational agency which uses funds under this title to develop goals, State content

standards or State student performance standards, curricular

materials, and State assessments shall, upon request, make

information related to such goals, standards, materials, and

assessments available to private schools; and (2) a State educational agency or local educational agency which uses funds under this title for teacher and administrator

training shall provide in the State improvement plan described

in section 306 for the training of teachers and administrators

in private schools located in the geographical area served by

such agency.

(b) WAIVER.—If, by reason of any provision of law, a State or local educational agency is prohibited from providing for the

equitable participation of teachers and administrators from private

schools in training programs assisted with Federal funds provided

under this title, or if the Secretary determines that a State or

local educational agency has substantially failed or is unwilling

to provide for such participation, the Secretary shall waive such

requirements and shall arrange for the provision of training consistent with State goals and State content standards for such teachers

and administrators. Such waivers shall be subject to consultation,

withholding, notice, and judicial review in accordance with section

1017 of the Elementary and Secondary Education Act of 1965.

SEC. 311. WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS.

(a) WAIVER AUTHORITY.— (1) IN GENERAL.—Except as provided in subsection (c), the

Secretary may waive any statutory or regulatory requirement

applicable to any program or Act described in subsection (b)

for a State educational agency, local educational agency, or

school if—

(A) and only to the extent that, the Secretary deter- mines that such requirement impedes the ability of the

State, or of a local educational agency or school in the

State, to carry out the State or local improvement plan; (B) the State educational agency has waived, or agrees to waive, similar requirements of State law; (C) in the case of a statewide waiver, the State educational agency— (i) provides all local educational agencies and parent organizations in the State with notice and an

opportunity to comment on the State educational agency’s proposal to seek a waiver; and

(ii) submits the local educational agencies’ comments to the Secretary; and

(D) in the case of a local educational agency waiver,

the local educational agency provides parents, community

groups, and advocacy or civil rights groups with the opportunity to comment on the proposed waiver.
H. R. 1804—51

(2) APPLICATION.—(A)(i) To request a waiver under paragraph (1), a local educational agency or school that receives

funds under this title, or a local educational agency or school

that does not receive funds under this title but is undertaking

school reform efforts that the Secretary determines are comparable to the activities described in section 306, shall transmit

an application for such a waiver to the State educational

agency. The State educational agency then shall submit

approved applications for waivers under paragraph (1) to the

Secretary.

(ii) A State educational agency that receives funds under

this title may request a waiver under paragraph (1) by submitting an application for such waiver to the Secretary.

(B) Each application submitted to the Secretary under

subparagraph (A) shall—

(i) identify the statutory or regulatory requirements

that are requested to be waived and the goals that the

State educational agency or local educational agency or

school intends to achieve;

(ii) describe the action that the State educational

agency has undertaken to remove State statutory or regulatory barriers identified in the application of local educational agencies;

(iii) describe the goals of the waiver and the expected

programmatic outcomes if the request is granted;

(iv) describe the numbers and types of students to

be impacted by such waiver;

(v) describe a timetable for implementing a waiver;

and

(vi) describe the process the State educational agency

will use to monitor, on a biannual basis, the progress

in implementing a waiver.

(3) TIMELINESS.—The Secretary shall act promptly on a request for a waiver under paragraph (1) and shall provide

a written statement of the reasons for granting or denying

such request.

(4) DURATION.—Each waiver under paragraph (1) shall be

for a period not to exceed 4 years. The Secretary may extend

such period if the Secretary determines that the waiver has

been effective in enabling the State or affected local educational

agencies to carry out reform plans.

(b) INCLUDED PROGRAMS.—The statutory or regulatory requirements subject to the waiver authority of this section are any such

requirements under the following programs or Acts: (1) Chapter 1 of title I of the Elementary and Secondary

Education Act of 1965, including Even Start.

(2) Part A of chapter 2 of title I of the Elementary and

Secondary Education Act of 1965.

(3) The Dwight D. Eisenhower Mathematics and Science

Education Act.

(4) The Emergency Immigrant Education Act of 1984.

(5) The Drug-Free Schools and Communities Act of 1986.

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

Education Act.

(c) WAIVERS NOT AUTHORIZED.—The Secretary may not waive

any statutory or regulatory requirement of the programs or Acts

described in subsection (b)—
H. R. 1804—52

(1) relating to—

(A) maintenance of effort;

(B) comparability of services;

(C) the equitable participation of students and professional staff in private schools;

(D) parental participation and involvement; and

(E) the distribution of funds to States or to local educational agencies; and

(2) unless the underlying purposes of the statutory requirements of each program or Act for which a waiver is granted

continue to be met to the satisfaction of the Secretary.

(d) TERMINATION OF WAIVERS.—The Secretary shall periodically

review the performance of any State, local educational agency,

or school for which the Secretary has granted a waiver under

subsection (a)(1) and shall terminate the waiver if the Secretary

determines that the performance of the State, the local educational

agency, or the school in the area affected by the waiver has been

inadequate to justify a continuation of the waiver.

(e) FLEXIBILITY DEMONSTRATION.—

(1) SHORT TITLE.—This subsection may be cited as the

‘‘Education Flexibility Partnership Demonstration Act’’.

(2) PROGRAM AUTHORIZED.—

(A) IN GENERAL.—The Secretary may carry out an education flexibility demonstration program under which the

Secretary authorizes not more than 6 State educational

agencies serving eligible States to waive statutory or regulatory requirements applicable to 1 or more programs or

Acts described in subsection (b), other than requirements

described in subsection (c), for the State educational agency

or any local educational agency or school within the State. (B) AWARD RULE.—In carrying out subparagraph (A),

the Secretary shall select for participation in the demonstration program described in subparagraph (A) three

State educational agencies serving eligible States that each

have a population of 3,500,000 or greater and three State

educational agencies serving eligible States that each have

a population of less than 3,500,000, determined in accordance with the most recent decennial census of the population performed by the Bureau of the Census. (C) DESIGNATION.—Each eligible State participating in the demonstration program described in subparagraph (A)

shall be known as an ‘‘Ed-Flex Partnership State’’.

(3) ELIGIBLE STATE.—For the purpose of this subsection

the term ‘‘eligible State’’ means a State that— (A) has developed a State improvement plan under

section 306 that is approved by the Secretary; and

(B) waives State statutory or regulatory requirements

relating to education while holding local educational agencies or schools within the State that are affected by such

waivers accountable for the performance of the students

who are affected by such waivers.

(4) STATE APPLICATION.—(A) Each State educational agency

desiring to participate in the education flexibility demonstration

program under this subsection shall submit an application to

the Secretary at such time, in such manner, and containing

such information as the Secretary may reasonably require.

Each such application shall demonstrate that the eligible State
H. R. 1804—53

has adopted an educational flexibility plan for the State that

includes—

(i) a description of the process the State educational

agency will use to evaluate applications from local educational agencies or schools requesting waivers of—

(I) Federal statutory or regulatory requirements

described in paragraph (2)(A); and

(II) State statutory or regulatory requirements

relating to education; and

(ii) a detailed description of the State statutory and

regulatory requirements relating to education that the

State educational agency will waive.

(B) The Secretary may approve an application described

in subparagraph (A) only if the Secretary determines that such

application demonstrates substantial promise of assisting the

State educational agency and affected local educational agencies

and schools within such State in carrying out comprehensive

educational reform and otherwise meeting the purposes of this

Act, after considering—

(i) the comprehensiveness and quality of the educational flexibility plan described in subparagraph (A);

(ii) the ability of such plan to ensure accountability

for the activities and goals described in such plan;

(iii) the significance of the State statutory or regulatory

requirements relating to education that will be waived;

and

(iv) the quality of the State educational agency’s process for approving applications for waivers of Federal statutory or regulatory requirements described in paragraph

(2)(A) and for monitoring and evaluating the results of

such waivers.

(5) LOCAL APPLICATION.—(A) Each local educational agency

or school requesting a waiver of a Federal statutory or regulatory requirement described in paragraph (2)(A) and any relevant State statutory or regulatory requirement from a State

educational agency shall submit an application to the State

educational agency at such time, in such manner, and containing such information as the State educational agency may

reasonably require. Each such application shall— (i) indicate each Federal program affected and the

statutory or regulatory requirement that will be waived; (ii) describe the purposes and overall expected results

of waiving each such requirement; (iii) describe for each school year specific, measurable,

educational goals for each local educational agency or school

affected by the proposed waiver; and

(iv) explain why the waiver will assist the local educational agency or school in reaching such goals.

(B) A State educational agency shall evaluate an application submitted under subparagraph (A) in accordance with

the State’s educational flexibility plan described in paragraph

(4)(A).

(C) A State educational agency shall not approve an

application for a waiver under this paragraph unless—

(i) the local educational agency or school requesting

such waiver has developed a local reform plan that is

applicable to such agency or school, respectively; and
H. R. 1804—54

(ii) the waiver of Federal statutory or regulatory

requirements described in paragraph (2)(A) will assist the

local educational agency or school in reaching its educational goals.

(6) MONITORING.—Each State educational agency participating in the demonstration program under this subsection

shall annually monitor the activities of local educational agencies and schools receiving waivers under this subsection and

shall submit an annual report regarding such monitoring to

the Secretary.

(7) DURATION OF FEDERAL WAIVERS.—(A) The Secretary

shall not approve the application of a State educational agency

under paragraph (4) for a period exceeding 5 years, except

that the Secretary may extend such period if the Secretary

determines that such agency’s authority to grant waivers has

been effective in enabling such State or affected local educational agencies or schools to carry out their local reform

plans.

(B) The Secretary shall periodically review the performance

of any State educational agency granting waivers of Federal

statutory or regulatory requirements described in paragraph

(2)(A) and shall terminate such agency’s authority to grant

such waivers if the Secretary determines, after notice and

opportunity for hearing, that such agency’s performance has

been inadequate to justify continuation of such authority.

(f) ACCOUNTABILITY.—In deciding whether to extend a request

for a waiver under subsection (a)(1), or a State educational agency’s

authority to issue waivers under subsection (e), the Secretary shall

review the progress of the State educational agency, local educational agency, or school affected by such waiver or authority

to determine if such agency or school has made progress toward

achieving the desired results described in the application submitted

pursuant to subsection (a)(2)(B)(iii) or (e)(5)(A)(ii).

(g) PUBLICATION.—A notice of the Secretary’s decision to grant

waivers under subsection (a)(1) and to authorize State educational

agencies to issue waivers under subsection (e) shall be published

in the Federal Register and the Secretary shall provide for the

dissemination of such notice to State educational agencies,

interested parties, including educators, parents, students, advocacy

and civil rights organizations, other interested parties, and the

public.

SEC. 312. PROGRESS REPORTS.

(a) STATE REPORTS TO THE SECRETARY.—Each State educational

agency that receives funds under this title shall annually report

to the Secretary regarding—

(1) progress in meeting State goals and plans;

(2) proposed State activities for the succeeding year; and

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

agencies in meeting local goals and plans and increasing student learning.

(b) SECRETARY’S REPORTS TO CONGRESS.—By April 30, 1996,

and every 2 years thereafter, the Secretary shall submit a report

to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Human Resources

of the Senate describing—
H. R. 1804—55

(1) the activities assisted under, and outcomes of, grants

or contracts under section 220, including—

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

merit of assessments evaluated with funds awarded under

such paragraph; and

(B) an analysis of the impact of such assessments

on the performance of students, particularly students of

different racial, gender, ethnic, or language groups and

individuals with disabilities;

(2) the activities assisted under, and outcomes of, allotments under this title; and

(3) the effect of waivers granted under section 311,

including—

(A) a listing of all State educational agencies, local

educational agencies and schools seeking and receiving

waivers;

(B) a summary of the State and Federal statutory

or regulatory requirements that have been waived, including the number of waivers sought and granted under each

such statutory or regulatory requirement;

(C) a summary of waivers that have been terminated,

including a rationale for the terminations; and

(D) recommendations to the Congress regarding

changes in statutory or regulatory requirements, particularly those actions that should be taken to overcome Federal statutory or regulatory impediments to education

reform.

SEC. 313. TECHNICAL AND OTHER ASSISTANCE REGARDING SCHOOL

FINANCE EQUITY.

(a) TECHNICAL ASSISTANCE.—

(1) IN GENERAL.—From funds reserved in each fiscal year

under section 304(a)(2)(A), the Secretary is authorized to make

grants to, and enter into contracts and cooperative agreements

with, State educational agencies and other public and private

agencies, institutions, and organizations to provide technical

assistance to State and local educational agencies to assist

such agencies in achieving a greater degree of equity in the

distribution of financial resources for education among local

educational agencies in the State.

(2) ACTIVITIES.—A grant, contract or cooperative agreement

under this section may support technical assistance activities,

such as—

(A) the establishment and operation of a center or

centers for the provision of technical assistance to State

and local educational agencies;

(B) the convening of conferences on equalization of

resources within local educational agencies, within States,

and among States; and

(C) obtaining advice from experts in the field of school

finance equalization.

(b) DATA.—Each State educational agency or local educational

agency receiving assistance under the Elementary and Secondary

Education Act of 1965 shall provide such data and information

on school finance as the Secretary may require to carry out this

section.
H. R. 1804—56

(c) MODELS.—The Secretary is authorized, directly or through

grants, contracts, or cooperative agreements, to develop and

disseminate models and materials useful to States in planning

and implementing revisions of the school finance systems of such

States.

SEC. 314. NATIONAL LEADERSHIP.

(a) TECHNICAL ASSISTANCE AND INTEGRATION OF STANDARDS.—

From funds reserved in each fiscal year under section 304(a)(2)(A),

the Secretary may, directly or through grants or contracts—

(1) provide technical assistance to States, local educational

agencies, and tribal agencies developing or implementing school

improvement plans, in a manner that ensures that such assistance is broadly available;

(2) gather data on, conduct research on, and evaluate systemic education improvement and how such improvement

affects student learning, including the programs assisted under

this title;

(3) disseminate research findings and other information

on outstanding examples of systemic education improvement

in States and local communities through existing dissemination

systems within the Department of Education, including through

publications, electronic and telecommunications mediums, conferences, and other means;

(4) provide grants to tribal divisions of education for

coordination efforts between school reform plans developed for

schools funded by the Bureau and public schools described

in section 306(g)(2), including tribal activities in support of

such plans;

(5) support national demonstration projects that unite local

and State educational agencies, institutions of higher education,

government, business, and labor in collaborative arrangements

in order to make educational improvements systemwide; and

(6) support model projects to integrate multiple content

standards, if—

(A) such standards are certified by the National Education Standards and Improvement Council and approved

by the National Goals Panel for different subject areas,

in order to provide balanced and coherent instructional

programs for all students; and

(B) such projects are appropriate for a wide range

of diverse circumstances, localities (including both urban

and rural communities), and populations.

(b) RESERVATION OF FUNDS.—

(1) IN GENERAL.—The Secretary shall use at least 50 percent of the funds reserved each year under section 304(a)(2)(A)

to make grants, in accordance with the provisions of section

309(a) that the Secretary determines appropriate, and provide

technical and other assistance to urban and rural local educational agencies with large numbers or concentrations of students who are economically disadvantaged or who have limited

English proficiency, to assist such agencies in developing and

implementing local school improvement plans, except that any

school that received funds under section 309(a) shall not receive

assistance pursuant to this paragraph other than technical

assistance.
H. R. 1804—57

(2) SURVEY.—The Secretary shall use not less than

$1,000,000 of the funds reserved for fiscal year 1994 under

section 304(a)(2)(A) to replicate coordinated services programs

that have been found to be successful in helping students

and families and improving student outcomes, and shall

disseminate information about such programs to schools that

plan to develop coordinated services programs.

(c) ADMINISTRATION.—Any activities assisted under this section

that involve research shall be administered through the Office

of Educational Research and Improvement.

SEC. 315. ASSISTANCE TO THE OUTLYING AREAS AND TO THE SECRETARY OF THE INTERIOR.

(a) OUTLYING AREAS.—

(1) IN GENERAL.—Funds reserved for outlying areas under

section 304(a)(1)(A) shall be distributed among such areas by

the Secretary according to relative need of such areas.

(2) INAPPLICABILITY OF PUBLIC LAW 95–134.—The provisions

of Public Law 95–134, permitting the consolidation of grants

to the insular areas, shall not apply to funds received by

such areas under this title.

(b) SECRETARY OF THE INTERIOR.—

(1) IN GENERAL.—The funds reserved for the Secretary

of the Interior under section 304(a)(1)(B) shall be made in

a payment which shall be pursuant to an agreement between

the Secretary and the Secretary of the Interior containing such

assurances and terms as the Secretary determines shall best

achieve the provisions of this section and this Act. The agreement shall, at a minimum, contain assurances that—

(A) a panel, as set forth in paragraph (4) of this subsection, shall be established;

(B) a reform and improvement plan, designed to

increase student learning and assist students in meeting

the National Education Goals, meeting the requirements

pertaining to State improvement plans required in section

306 and providing for the fundamental restructuring and

improvement of elementary and secondary education in

schools funded by the Bureau, shall be developed by such

panel; and

(C) the provisions and activities required under such

State improvement plans, including the requirements for

timetables for opportunity-to-learn standards, shall be carried out in the same time frames and under the same

conditions stipulated for the States in sections 305 and

306, provided that for these purposes, the term ‘‘local educational agencies’’ shall be interpreted to mean ‘‘schools

funded by the Bureau’’.

(2) VOLUNTARY SUBMISSION.—The provisions applicable to

the States in section 213 of this Act shall apply to the Bureau

plan with regard to voluntary submission of standards and

assessments to the National Education Standards and Improvement Council for review and certification.

(3) PLAN SPECIFICS.—The reform and improvement plan

shall include, in addition to the requirements described above,

specific provisions for—

(A) opportunity to learn standards pertaining to residential programs and transportation costs associated with
H. R. 1804—58

programs located on or near reservations or serving students in off-reservation residential boarding schools;

(B) review and incorporation of the National Education

Goals and the voluntary national content standards, voluntary natural student performance standards, and voluntary natural opportunity-to-learn standards developed

under part B of title II of this Act, provided that such

review shall include the issues of cultural and language

differences; and

(C) provision for coordination of the efforts of the

Bureau with the efforts for school improvement of the

States and local educational agencies in which the schools

funded by the Bureau are located, including the development of the partnerships outlined in section 306(g)(2) of

the Act.

(4) PANEL.—(A) To carry out the provisions of this section,

and to develop the plan for system-wide reform and improvement required under the agreement required under paragraph

(1), the Secretary of the Interior shall establish a panel coordinated by the Assistant Secretary of the Interior for Indian

Affairs. Such panel shall consist of—

(i) the Director of the Office of Indian Education Programs of the Bureau and two heads of other divisions

of such Bureau as the Assistant Secretary shall designate;

(ii) a designee of the Secretary of Education; and

(iii) a representative nominated by each of the following:

(I) The organization representing the majority of

teachers and professional personnel in schools operated

by the Bureau.

(II) The organization representing the majority of

nonteaching personnel in schools operated by the

Bureau, if not the same organization as in subclause

(I).

(III) School administrators of schools operated by

the Bureau.

(IV) Education line officers located in Bureau area

or agency offices serving schools funded by the Bureau.

(V) The organization representing the majority of

contract or grant schools funded by the Bureau not

serving students on the Navajo reservation.

(VI) The organization representing the majority

of contract or grant schools funded by the Bureau

serving students on the Navajo reservation.

(VII) The organization representing the school

boards required by statute for schools operated by the

Bureau not serving students on the Navajo reservation.

(VIII) The organization representing the school

boards required by statute for schools funded by the

Bureau serving students on the Navajo reservation.

(B) Including the additional members required by paragraph (5), a majority of the members of such panel shall be

from the entities designated under subparagraph (A)(iii).

(5) ADDITIONAL MEMBERS.—In addition, the members of

the panel described in paragraph (4) shall designate for full

membership on the panel four additional members—
H. R. 1804—59

(A) one of whom shall be a representative of a national

organization which represents primarily national Indian

education concerns; and

(B) three of whom shall be chairpersons (or their designees) of Indian tribes with schools funded by the Bureau

on their reservations (other than those specifically represented by organizations referred to in paragraph (4)),

provided that preference for no less than two of these

members shall be given to Indian tribes with a significant

number of schools funded by the Bureau on their reservations, or with a significant percentage of their children

enrolled in schools funded by the Bureau.

(c) BIA COST ANALYSIS.—

(1) IN GENERAL.—(A) The Secretary of the Interior shall

reserve from the funds received pursuant to section 304(a)(1)(B)

in the first fiscal year that the Secretary of the Interior receives

such funds an amount not to exceed $500,000 to provide,

through the National Academy of Sciences or the National

Academy of Education, for an analysis of the costs associated

with meeting the academic and home-living/residential standards of the Bureau for each school funded by the Bureau.

The purpose of such analysis shall be to provide the Bureau

and the panel described in paragraph (4) with baseline data

regarding the current state of operations funded by the Bureau

and to provide a framework for addressing the implementation

of opportunity-to-learn standards.

(B) The results of such analysis shall be reported, in aggregate and school specific form, to the chairpersons and ranking

minority members of the Committees on Education and Labor

and Appropriations of the House of Representatives and the

Select Committee on Indian Affairs and the Committee on

Appropriations of the Senate, and to the Secretary of the

Interior, the Secretary of Education (who shall transmit the

report to the appropriate entities under this Act), and the

Assistant Secretary of the Interior for Indian Affairs, not later

than 6 months after the date of enactment of this Act.

(2) CONTENT.—Such analysis shall evaluate the costs of

providing a program in each school operated or supported by

the Bureau for the next succeeding academic year and shall

be based on—

(A) the standards either published in the Federal Register as having effect in schools operated by the Bureau

on the date of enactment of this Act or the standards

incorporated into each grant or contract in effect on such

date with a tribally controlled school funded under section

1128 of Public Law 95–561 (as amended);

(B) the best projections of student counts and demographics, as provided by the Bureau and as independently

reviewed by the National Academy of Sciences or the

National Academy of Education; and

(C) the pay and benefit schedules and other personnel

requirements for each school operated by the Bureau, as

such pay and benefit schedules and requirements existed

on the date of enactment of this Act.

(d) SECRETARY OF DEFENSE.—The Secretary shall consult with

the Secretary of Defense to ensure that, to the extent practicable,
H. R. 1804—60

the purposes of this title are applied to the Department of Defense

schools.

SEC. 316. CLARIFICATION REGARDING STATE STANDARDS AND

ASSESSMENTS.

Notwithstanding any other provision of this title, standards

or State assessments described in a State improvement plan submitted in accordance with section 306 shall not be required to be

certified by the Council.

SEC. 317. STATE PLANNING FOR IMPROVING STUDENT ACHIEVEMENT

THROUGH INTEGRATION OF TECHNOLOGY INTO THE

CURRICULUM.

(a) PURPOSE.—It is the purpose of this section to assist each

State to plan effectively for improved student learning in all schools

through the use of technology as an integral part of the State

improvement plan described in section 306.

(b) PROGRAM AUTHORIZED.—

(1) AUTHORITY.—The Secretary shall award grants in

accordance with allocations under paragraph (2) to each State

educational agency that, as part of its application under section

305, requests a grant to develop (or continue the development

of), and submits as part of the State improvement plan

described in section 306, a systemic statewide plan to increase

the use of state-of-the-art technologies that enhance elementary

and secondary student learning and staff development in support of the National Education Goals and State content standards and State student performance standards.

(2) FORMULA.—From the amount appropriated pursuant

to the authority of subsection (f) in each fiscal year, each

State educational agency with an application approved under

section 305 shall receive a grant under paragraph (1) in such

year in an amount determined on the same basis as allotments

are made to State educational agencies under subsections (b)

and (c) of section 304 for such year, except that each such

State shall receive at least $75,000.

(c) PLAN OBJECTIVES.—Each State educational agency shall

use funds received under this section to develop and, if the Secretary

has approved the systemic statewide plan, to implement such plan.

Such plan shall have as its objectives—

(1) the promotion of higher student achievement through

the use of technology in education;

(2) the participation of all schools and school districts in

the State, especially those schools and districts with a high

percentage or number of disadvantaged students;

(3) the development and implementation of a cost-effective,

high-speed, statewide, interoperable, wide-area-communication

educational technology support system for elementary and

secondary schools within the State, particularly for such schools

in rural areas; and

(4) the promotion of shared usage of equipment, facilities,

and other technology resources by adult learners during afterschool hours.

(d) PLAN REQUIREMENTS.—At a minimum, each systemic statewide plan shall—

(1) be developed by a task force that—
H. R. 1804—61

(A) includes among its members experts in the educational use of technology and representatives of the State

panel described in section 306(b); and

(B) ensures that such plan is integrated into the State

improvement plan described in section 306;

(2) be developed in collaboration with the Governor, representatives of the State legislature, the State board of

education, institutions of higher education, appropriate State

agencies, local educational agencies, public and private telecommunication entities, parents, public and school libraries,

students, adult literacy providers, and leaders in the field of

technology, through a process of statewide grassroots outreach

to local educational agencies and schools in the State;

(3) identify and describe the requirements for introducing

state-of-the-art technologies into the classroom and school

library in order to enhance educational curricula, including

the installation and ongoing maintenance of basic connections,

hardware and the necessary support materials;

(4) describe how the application of advanced technologies

in the schools will enhance student learning, provide greater

access to individualized instruction, promote the standards and

strategies described in section 306(d), and help make progress

toward the achievement of the National Education Goals;

(5) describe how the ongoing training of educational personnel will be provided;

(6) describe the resources necessary, and procedures, for

providing ongoing technical assistance to carry out such plan;

(7) provide for the dissemination on a statewide basis of

exemplary programs and practices relating to the use of technology in education; (8) establish a funding estimate (including a statement of likely funding sources) and a schedule for the development

and implementation of such plan;

(9) describe how the State educational agency will assess

the impact of implementing such plan on student achievement

and aggregate achievement for schools; (10) describe how the State educational agency and local

educational agencies in the State will coordinate and cooperate

with business and industry, and with public and private telecommunications entities;

(11) describe how the State educational agency will promote

the purchase of equipment by local educational agencies that,

when placed in schools, will meet the highest possible level

of interoperability and open system design; (12) describe how the State educational agency will consider

using existing telecommunications infrastructure and technology resources;

(13) describe how the State educational agency will apply

the uses of technology to meet the needs of children from

low-income families;

(14) describe the process through which such plan will

be reviewed and updated periodically; and

(15) describe how the State educational agency will facilitate collaboration between State literacy resource centers, local

educational agencies, and adult and family literacy providers,

to ensure that technology can be used by adult and family

literacy providers during after school hours.
H. R. 1804—62

(e) REPORTS.—Each State educational agency receiving a grant under this section shall submit a report to the Secretary within

1 year of the date such agency submits to the Secretary its systemic

statewide plan under this section. Such report shall— (1) describe the State’s progress toward implementation of the provisions of such plan; (2) describe any revisions to the State’s long-range plans for technology; (3) describe the extent to which resources provided pursuant to such plan are distributed among schools to promote

the standards and strategies described in section 306(d); and (4) include any other information the Secretary deems

appropriate.

(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated $5,000,000 for fiscal year 1994 to carry out

this section.

SEC. 318. PROHIBITION ON FEDERAL MANDATES, DIRECTION, AND

CONTROL.

Nothing in this Act shall be construed to authorize an officer or employee of the Federal Government to mandate, direct, or

control a State, local educational agency, or school’s curriculum,

program of instruction, or allocation of State or local resources

or mandate a State or any subdivision thereof to spend any funds

or incur any costs not paid for under this Act.

SEC. 319. STATE AND LOCAL GOVERNMENT CONTROL OF EDUCATION.

(a) FINDINGS.—The Congress finds as follows: (1) Congress is interested in promoting State and local government reform efforts in education. (2) In Public Law 96–88 the Congress found that education is fundamental to the development of individual citizens and

the progress of the Nation. (3) In Public Law 96–88 the Congress found that in our Federal system the responsibility for education is reserved

respectively to the States and the local school systems and

other instrumentalities of the States.

(4) In Public Law 96–88 the Congress declared the purpose of the Department of Education was to supplement and complement the efforts of States, the local school systems, and

other instrumentalities of the States, the private sector, public

and private educational institutions, public and private nonprofit educational research institutions, community based

organizations, parents and schools to improve the quality of

education.

(5) With the establishment of the Department of Education,

Congress intended to protect the rights of State and local

governments and public and private educational institutions

in the areas of educational policies and administration of programs and to strengthen and improve the control of such

governments and institutions over their own educational programs and policies.

(6) Public Law 96–88 specified that the establishment of

the Department of Education shall not increase the authority

of the Federal Government over education or diminish the

responsibility for education which is reserved to the States

and local school systems and other instrumentalities of the

States.
H. R. 1804—63

(7) Public Law 96–88 specified that no provision of a program administered by the Secretary or by any other officer

of the Department of Health, Education, and Welfare shall

be construed to authorize the Secretary or any such officer

to exercise any direction, supervision, or control over the

curriculum, program of instruction, administration, or personnel of any educational institution, school, or school system,

over any accrediting agency or association or over the selection

or content of library resources, textbooks, or other instructional

materials by any educational institution or school system.

(b) REAFFIRMATION.—The Congress agrees and reaffirms that

the responsibility for control of education is reserved to the States

and local school systems and other instrumentalities of the States

and that no action shall be taken under the provisions of this

Act by the Federal Government which would, directly or indirectly,

impose standards or requirements of any kind through the

promulgation of rules, regulations, provision of financial assistance

and otherwise, which would reduce, modify, or undercut State and

local responsibility for control of education.

TITLE IV—PARENTAL ASSISTANCE

SEC. 401. PARENTAL INFORMATION AND RESOURCE CENTERS.

(a) PURPOSE.—The purpose of this title is—

(1) to increase parents’ knowledge of and confidence in

child-rearing activities, such as teaching and nurturing their

young children; (2) to strengthen partnerships between parents and professionals in meeting the educational needs of children aged birth

through 5 and the working relationship between home and

school;

(3) to enhance the developmental progress of children

assisted under this title; and

(4) to fund at least 1 parental information and resource

center in each State before September 30, 1998.

(b) GRANTS AUTHORIZED.— (1) IN GENERAL.—The Secretary is authorized to award

grants in each fiscal year to nonprofit organizations, and nonprofit organizations in consortia with local educational agencies,

to establish parental information and resource centers that

provide training, information, and support to— (A) parents of children aged birth through 5 years;

(B) parents of children enrolled in elementary and

secondary schools; and (C) individuals who work with the parents described

in subparagraphs (A) and (B).

(2) AWARD RULE.—In awarding grants under this title,

the Secretary shall ensure that such grants are distributed,

to the greatest extent possible, to all geographic regions of

the United States.

SEC. 402. APPLICATIONS.

(a) GRANTS APPLICATIONS.—

(1) IN GENERAL.—Each nonprofit organization and nonprofit

organization in consortium with a local educational agency

which desires a grant under this title shall submit an applica-
H. R. 1804—64

tion to the Secretary at such time and in such manner as

the Secretary shall determine.

(2) CONTENTS.—Each application submitted under paragraph (1) shall, at a minimum, include assurances that a

grantee will—

(A)(i) be governed by a board of directors the membership of which includes parents; or

(ii) be an organization that represents the interests

of parents;

(B) establish a special advisory committee the membership of which—

(i) includes—

(I) parents described in subparagraphs (A) and

(B) of section 401(b)(1); and

(II) representatives of education professionals

with expertise in improving services for disadvantaged children; and

(ii) is broadly representative of minority, lowincome, and other individuals and groups that have

an interest in compensatory education and family literacy;

(C) use at least one-half of the funds provided under

this Act in each fiscal year to serve areas with high concentrations of low-income families in order to serve parents

who are severely educationally or economically disadvantaged;

(D) operate a center of sufficient size, scope, and quality

to ensure that the center is adequate to serve the parents

in the area;

(E) serve both urban and rural areas;

(F) design a center that meets the unique training,

information, and support needs of parents described in

subparagraphs (A) and (B) of section 401(b)(1), particularly

parents who are educationally or economically disadvantaged; (G) demonstrate the capacity and expertise to conduct

the effective training information and support activities

for which assistance is sought; (H) network with—

(i) clearinghouses;

(ii) parent centers for the parents of infants, toddlers, children, and youth with disabilities served

under section 631(e) of the Individuals with Disabilities

Education Act;

(iii) other organizations and agencies;

(iv) established national, State, and local parent

groups representing the full range of parents of children, aged birth through 5 years; and

(v) parents of children enrolled in elementary and

secondary schools;

(I) focus on serving parents described in subparagraphs

(A) and (B) of section 401(b) who are parents of low-income,

minority, and limited-English proficient, children; and

(J) use part of the funds received under this title

to establish, expand, or operate Parents as Teachers programs or Home Instruction for Preschool Youngsters programs.
H. R. 1804—65

(b) GRANT RENEWAL.—In each fiscal year after the first fiscal

year a grantee receives assistance under this title, the grantee

shall demonstrate in the application submitted for each fiscal year

after such first year that a portion of the services provided by

such grantee is supported through non-Federal contributions, which

contributions may be in cash or in kind.

SEC. 403. USES OF FUNDS.

Grant funds received under this title may be used—

(1) for parent training, information, and support programs

that assist parents to—

(A) better understand their children’s educational

needs;

(B) provide followup support for their children’s educational achievement;

(C) communicate more effectively with teachers, counselors, administrators, and other professional educators and

support staff;

(D) participate in the design and provision of assistance

to students who are not making adequate educational

progress;

(E) obtain information about the range of options, programs, services, and resources available at the national,

State, and local levels to assist parents described in subparagraphs (A) and (B) of section 401(b);

(F) seek technical assistance regarding compliance with

the requirements of this title and of other Federal programs

relevant to achieving the National Education Goals; (G) participate in State and local decisionmaking;

(H) train other parents; and

(I) plan, implement, and fund activities that coordinate

the education of their children with other Federal programs

that serve their children or their families; and

(2) to include State or local educational personnel where

such participation will further the activities assisted under

the grant.

SEC. 404. TECHNICAL ASSISTANCE.

The Secretary shall provide technical assistance, by grant or

contract, for the establishment, development, and coordination of

parent training, information and support programs and parental

information and resource centers.

SEC. 405. DEFINITIONS.

For purposes of this title—

(1) the term ‘‘parent education’’ includes parent support

activities, the provision of resource materials on child development, parent-child learning activities and child rearing issues,

private and group educational guidance, individual and group

learning experiences for the parent and child, and other activities that enable the parent to improve learning in the home;

(2) the term ‘‘Parents as Teachers program’’ means a voluntary early childhood parent education program that—

(A) is designed to provide all parents of children from

birth through age 5 with the information and support such

parents need to give their child a solid foundation for

school success;
H. R. 1804—66

(B) is based on the Missouri Parents as Teachers model

with the philosophy that parents are their child’s first

and most influential teachers;

(C) provides— (i) regularly scheduled personal visits with families by certified parent educators; (ii) regularly scheduled developmental screenings; and

(iii) linkage with other resources within the community in order to provide services that parents

may want and need, except that such services are

beyond the scope of the Parents as Teachers program; (3) the term ‘‘Home Instruction for Preschool Youngsters program’’ means a voluntary early-learning program for parents

with one or more children between the ages of 3 through

5, that—

(A) provides support, training, and appropriate edu- cational materials necessary for parents to implement a

school-readiness, home instruction program for their child;

and

(B) includes—

(i) group meetings with other parents participating in the program; (ii) individual and group learning experiences with the parent and child; (iii) provision of resource materials on child development and parent-child learning activities; and (iv) other activities that enable the parent to

improve learning in the home.

SEC. 406. REPORTS.

Each organization receiving a grant under this title shall sub- mit to the Secretary, on an annual basis, information concerning

the parental information and resource centers assisted under this

title, including— (1) the number of parents, including the number of minority and limited-English-proficient parents, who receive information

and training; (2) the types and modes of training, information, and sup- port provided under this title; (3) the number of Parents as Teachers programs and Home Instruction for Preschool Youngsters programs which have been

assisted under this title; and

(4) the strategies used to reach and serve parents of minor- ity and limited-English-proficient children, parents with limited

literacy skills, and other parents in need of the services provided under this title.

SEC. 407. GENERAL PROVISION.

Notwithstanding any other provision of this title—

(1) no person, including a parent who educates a child

at home, public school parent, or private school parent, shall

be required to participate in any program of parent education

or developmental screening pursuant to the provisions of this

title;

(2) no program assisted under this title shall take any

action that infringes in any manner on the right of a parent

to direct the education of their children; and
H. R. 1804—67

(3) the provisions of section 438(c) of the General Education

Provision Act shall apply to organizations awarded grants

under this title.

SEC. 408. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as may

be necessary for each of the fiscal years 1995 through 1998 to

carry out this title.

TITLE V—NATIONAL SKILL STANDARDS

BOARD

SEC. 501. SHORT TITLE.

This title may be cited as the ‘‘National Skill Standards Act

of 1994’’.

SEC. 502. PURPOSE.

It is the purpose of this title to establish a National Skill

Standards Board to serve as a catalyst in stimulating the development and adoption of a voluntary national system of skill standards

and of assessment and certification of attainment of skill

standards—

(1) that will serve as a cornerstone of the national strategy

to enhance workforce skills;

(2) that will result in increased productivity, economic

growth, and American economic competitiveness; and (3) that can be used, consistent with civil rights laws— (A) by the Nation, to ensure the development of a

high skills, high quality, high performance workforce,

including the most skilled frontline workforce in the world; (B) by industries, as a vehicle for informing training

providers and prospective employees of skills necessary

for employment; (C) by employers, to assist in evaluating the skill levels

of prospective employees and to assist in the training of

current employees; (D) by labor organizations, to enhance the employment

security of workers by providing portable credentials and

skills;

(E) by workers, to— (i) obtain certifications of their skills to protect

against dislocation; (ii) pursue career advancement; and

(iii) enhance their ability to reenter the workforce;

(F) by students and entry level workers, to determine

the skill levels and competencies needed to be obtained

in order to compete effectively for high wage jobs;

(G) by training providers and educators, to determine

appropriate training services to offer;

(H) by government, to evaluate whether publicly

funded training assists participants to meet skill standards

where such standards exist and thereby protect the integrity of public expenditures;

(I) to facilitate the transition to high performance work

organizations;
H. R. 1804—68

(J) to increase opportunities for minorities and women,

including removing barriers to the entry of women into

nontraditional employment; and

(K) to facilitate linkages between other components

of the national strategy to enhance workforce skills, including school-to-work transition, secondary and postsecondary

vocational-technical education, and job training programs.

SEC. 503. ESTABLISHMENT OF NATIONAL BOARD.

(a) IN GENERAL.—There is established a National Skill Standards Board (hereafter in this title referred to as the ‘‘National

Board’’).

(b) COMPOSITION.—

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

of 28 members (appointed in accordance with paragraph (3)),

of whom—

(A) one member shall be the Secretary of Labor;

(B) one member shall be the Secretary of Education;

(C) one member shall be the Secretary of Commerce;

(D) one member shall be the Chairperson of the

National Education Standards and Improvement Council

established pursuant to section 212(a);

(E) eight members shall be representatives of business

(including representatives of small employers and representatives of large employers) selected from among

individuals recommended by recognized national business

organizations or trade associations;

(F) eight members shall be representatives of organized

labor selected from among individuals recommended by

recognized national labor federations; and

(G)(i) 2 members shall be neutral, qualified human

resource professionals; and

(ii) 6 members shall be representatives from the following groups, with at least 1 member from each group:

(I) Educational institutions (including vocationaltechnical institutions).

(II) Community-based organizations.

(III) State and local governments.

(IV) Nongovernmental organizations with a demonstrated history of successfully protecting the rights

of racial, ethnic, or religious minorities, women,

individuals with disabilities, or older persons.

(2) DIVERSITY REQUIREMENTS.—The members described in

subparagraph (G) of paragraph (1) shall have expertise in the

area of education and training. The members described in subparagraphs (E), (F), and (G) of paragraph (1) shall—

(A) in the aggregate, represent a broad cross-section

of occupations and industries; and

(B) to the extent feasible, be geographically representative of the United States and reflect the racial, ethnic,

and gender diversity of the United States.

(3) APPOINTMENT.—The membership of the National Board

shall be appointed as follows:

(A) Twelve members (four from each class of members

described in subparagraphs (E), (F), and (G) of paragraph

(1)) shall be appointed by the President.
H. R. 1804—69

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

described in subparagraphs (E), (F), and (G) of paragraph

(1)) shall be appointed by the Speaker of the House of

Representatives, of whom three members (one from each

class of members described in subparagraphs (E), (F), and

(G) of paragraph (1)) shall be selected from recommendations made by the Majority Leader of the House of Representatives and three members (one from each class of

members described in subparagraphs (E), (F), and (G) of

paragraph (1)) shall be selected from recommendations

made by the Minority Leader of the House of Representatives.

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

described in subparagraphs (E), (F), and (G) of paragraph

(1)) shall be appointed by the President pro tempore of

the Senate, of whom three members (one from each class

of members described in subparagraphs (E), (F), and (G)

of paragraph (1)) shall be selected from recommendations

made by the Majority Leader of the Senate and three

members (one from each class of members described in

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

be selected from recommendations made by the Minority

Leader of the Senate.

(4) EX OFFICIO NONVOTING MEMBERS.—The members of the

National Board specified in subparagraphs (A), (B), (C), and

(D) of paragraph (1) shall be ex officio, nonvoting members

of the National Board.

(5) TERM.—Each member of the National Board appointed

under subparagraph (E), (F), or (G) of paragraph (1) shall

be appointed for a term of 4 years, except that of the initial

members of the Board appointed under such subparagraphs—

(A) twelve members shall be appointed for a term

of 3 years (four from each class of members described

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

whom—

(i) two from each such class shall be appointed

in accordance with paragraph (3)(A);

(ii) one from each such class shall be appointed

in accordance with paragraph (3)(B); and

(iii) one from each such class shall be appointed

in accordance with paragraph (3)(C); and

(B) twelve members shall be appointed for a term

of 4 years (four from each class of members described

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

whom—

(i) two from each such class shall be appointed

in accordance with paragraph (3)(A);

(ii) one from each such class shall be appointed

in accordance with paragraph (3)(B); and

(iii) one from each such class shall be appointed

in accordance with paragraph (3)(C).

(6) VACANCIES.—Any vacancy in the National Board shall

not affect its powers, but shall be filled in the same manner

as the original appointment.

(c) CHAIRPERSON AND VICE CHAIRPERSONS.—

(1) CHAIRPERSON.—
H. R. 1804—70

(A) IN GENERAL.—Except as provided in subparagraph

(B), the National Board, by majority vote, shall elect a

Chairperson once every 2 years from among the members

of the National Board.

(B) INITIAL CHAIRPERSON.—The first Chairperson of

the National Board shall be elected, by a majority vote

of the National Board, from among the members who are

representatives of business (as described in subparagraph

(E) of subsection (b)(1)) and shall serve for a term of 2

years.

(2) VICE CHAIRPERSONS.—The National Board, by majority

vote, shall annually elect 3 Vice Chairpersons (each representing a different class of the classes of members described in

subparagraphs (E), (F), and (G) of subsection (b)(1) and each

of whom shall serve for a term of 1 year) from among its

members appointed under subsection (b)(3).

(d) COMPENSATION AND EXPENSES.—

(1) COMPENSATION.—All Members of the National Board

who are not full-time employees or officers of the Federal

Government shall serve without compensation. All members

of the National Board who are officers or employees of the

United States shall serve without compensation in addition

to that received for their services as officers or employees

of the United States.

(2) EXPENSES.—The members of the National Board shall

be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57, title 5, United States Code, while

away from their homes or regular places of business in the

performance of services for the National Board.

(e) EXECUTIVE DIRECTOR AND STAFF.— (1) EXECUTIVE DIRECTOR.—The Chairperson of the National

Board shall appoint an Executive Director who shall be compensated at a rate determined by the National Board, not

to exceed the rate payable for level V of the Executive Schedule

under section 5316 of title 5, United States Code.

(2) STAFF.— (A) IN GENERAL.—The Executive Director may appoint

and compensate such additional staff as may be necessary

to enable the Board to perform its duties. Such staff shall

include at least one individual with expertise in measurement and assessment.

(B) COMPENSATION.—The Executive Director may fix

the compensation of the staff without regard to the provisions of chapter 51 and subchapter III of chapter 53 of

title 5, United States Code, relating to classification of

positions and General Schedule pay rates, except that the

rate of pay for the staff may not exceed the rate payable

for level V of the Executive Schedule under section 5316

of such title.

(f) VOLUNTARY AND UNCOMPENSATED SERVICES.—Notwithstanding section 1342 of title 31, United States Code, the National

Board is authorized, in carrying out this title, to accept voluntary

and uncompensated services.

(g) AGENCY SUPPORT.—

(1) USE OF FACILITIES.—The National Board may use the

research, equipment, services, and facilities of any agency or
H. R. 1804—71

instrumentality of the United States with the consent of such

agency or instrumentality.

(2) STAFF OF FEDERAL AGENCIES.—Upon the request of the

National Board, the head of any Federal agency of the United

States may detail to the National Board, on a reimbursable

basis, any of the personnel of such Federal agency to assist

the National Board in carrying out this title. Such detail shall

be without interruption or loss of civil service status or privilege.

(h) CONFLICT OF INTEREST.—An individual who has served as

a member of the National Board may not have any financial interest

in an assessment and certification system developed or endorsed

under this title for a period of 3 years after the termination of

service of such individual from the National Board.

(i) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES.—The Chairperson of the National Board may procure temporary and intermittent services of experts and consultants under

section 3109(b) of title 5, United States Code.

(j) TERMINATION.—The National Board shall terminate on

September 30, 1999.

SEC. 504. FUNCTIONS OF THE NATIONAL BOARD.

(a) IDENTIFICATION OF OCCUPATIONAL CLUSTERS.—

(1) IN GENERAL.—Subject to paragraph (2), the National

Board shall identify broad clusters of major occupations that

involve 1 or more than 1 industry in the United States and

that share characteristics that are appropriate for the development of common skill standards.

(2) PROCEDURES FOR IDENTIFICATION.—Prior to identifying

broad clusters of major occupations under paragraph (1), the

National Board shall engage in extensive public consultation,

including solicitation of public comment on proposed clusters

through publication in the Federal Register.

(b) ESTABLISHMENT OF VOLUNTARY PARTNERSHIPS TO DEVELOP

STANDARDS.—

(1) IN GENERAL.—For each of the occupational clusters

identified pursuant to subsection (a), the National Board shall

encourage and facilitate the establishment of voluntary partnerships to develop a skill standards system in accordance with

subsection (d).

(2) REPRESENTATIVES.—Such voluntary partnerships shall

include the full and balanced participation of—

(A)(i) representatives of business (including representatives of large employers and representatives of small

employers) who have expertise in the area of workforce

skill requirements, and who are recommended by national

business organizations or trade associations representing

employers in the occupation or industry for which a standard is being developed; and

(ii) representatives of trade associations that have

received grants from the Department of Labor or the

Department of Education to establish skill standards prior

to the date of enactment of this title;

(B) employee representatives who have expertise in

the area of workforce skill requirements and who shall

be—
H. R. 1804—72

(i) individuals recommended by recognized

national labor organizations representing employees

in the occupation or industry for which a standard

is being developed; and

(ii) such other individuals who are nonmanagerial

employees with significant experience and tenure in

such occupation or industry as are appropriate given

the nature and structure of employment in the occupation or industry;

(C) representatives of—

(i) educational institutions;

(ii) community-based organizations;

(iii) State and local agencies with administrative

control or direction over education, vocational-technical

education, or employment and training;

(iv) other policy development organizations with

expertise in the area of workforce skill requirements;

and

(v) non-governmental organizations with a demonstrated history of successfully protecting the rights

of racial, ethnic, or religious minorities, women,

individuals with disabilities, or older persons; and

(D) individuals with expertise in measurement and

assessment, including relevant experience in designing

unbiased assessments and performance-based assessments.

(3) EXPERTS.—The partnerships described in paragraph (1)

may also include such other individuals who are independent,

qualified experts in their fields.

(c) RESEARCH, DISSEMINATION, AND COORDINATION.—In order

to support the activities described in subsections (b) and (d), the

National Board shall—

(1) conduct workforce research relating to skill standards (including research relating to use of skill standards in compliance with civil rights laws) and make such research available

to the public, including the voluntary partnerships described

in subsection (b);

(2) identify and maintain a catalog of skill standards used

by other countries and by States and leading firms and industries in the United States;

(3) serve as a clearinghouse to facilitate the sharing of

information on the development of skill standards and other

relevant information among representatives of occupations and

industries identified pursuant to subsection (a), the voluntary

partnerships described in subsection (b), and among education

and training providers through such mechanisms as the Capacity Building and Information and Dissemination Network established under section 453(b) of the Job Training Partnership

Act (29 U.S.C. 1733(b)) and the Educational Resources Information Center Clearinghouses;

(4) develop a common nomenclature relating to skill standards;

(5) encourage the development and adoption of curricula

and training materials, for attaining the skill standards developed pursuant to subsection (d), that provide for structured

work experiences and related study programs leading to

progressive levels of professional and technical certification and

postsecondary education;
H. R. 1804—73

(6) provide appropriate technical assistance to voluntary

partnerships involved in the development of standards and

systems described in subsection (b); and

(7) facilitate coordination among voluntary partnerships

that meet the requirements of subsection (b) to promote the

development of a coherent national system of voluntary skill

standards.

(d) ENDORSEMENT OF SKILL STANDARDS SYSTEMS.—

(1) DEVELOPMENT OF ENDORSEMENT CRITERIA.—(A) The

National Board, after extensive public consultation, shall

develop objective criteria for endorsing skill standards systems

relating to the occupational clusters identified pursuant to subsection (a). Such criteria shall, at a minimum, include the

components of a skill standards system described in subparagraph (B). The endorsement criteria shall be published in the

Federal Register, and updated as appropriate.

(B) The skill standards systems endorsed pursuant to paragraph (1) shall have one or more of the following components:

(i) Voluntary skill standards, which at a minimum—

(I) take into account relevant standards used in

other countries and relevant international standards;

(II) meet or exceed the highest applicable standards used in the United States, including apprenticeship standards registered under the Act of August

16, 1937 (commonly known as the ‘‘National

Apprenticeship Act’’, 50 Stat. 664, chapter 663, 29

U.S.C. 50 et seq.);

(III) take into account content and performance

standards certified pursuant to title II;

(IV) take into account the requirements of high

performance work organizations; (V) are in a form that allows for regular updating

to take into account advances in technology or other

developments within the occupational cluster;

(VI) are formulated in such a manner that promotes the portability of credentials and facilitates

worker mobility within an occupational cluster or

industry and among industries; and (VII) are not discriminatory with respect to race,

color, gender, age, religion, ethnicity, disability, or

national origin, consistent with Federal civil rights

laws.

(ii) A voluntary system of assessment and certification

of the attainment of skill standards developed pursuant

to subparagraph (A), which at a minimum—

(I) has been developed after taking into account

relevant methods of such assessment and certification

used in other countries;

(II) utilizes a variety of evaluation techniques,

including, where appropriate, oral and written evaluations, portfolio assessments, and performance tests;

and

(III) includes methods for establishing that the

assessment and certification system is not
H. R. 1804—74

discriminatory with respect to race, color, gender, age,

religion, ethnicity, disability, or national origin, consistent with Federal civil rights laws.

(iii) A system to promote the use of and to disseminate

information relating to skill standards, and assessment

and certification systems, developed pursuant to this paragraph (including dissemination of information relating to

civil rights laws relevant to the use of such standards

and systems) to entities such as institutions of higher education offering professional and technical education, labor

organizations, trade associations, employers providing formalized training, and other organizations likely to benefit

from such standards and systems.

(iv) A system to evaluate the implementation of the

skill standards, and assessment and certification systems

developed pursuant to this paragraph, and the effectiveness

of the information disseminated pursuant to subparagraph

(C) for informing the users of such standards and systems

of the requirements of relevant civil rights laws.

(v) A system to periodically revise and update the

skill standards, and assessment and certification systems

developed pursuant to this paragraph, which will take into

account changes in standards in other countries.

(2) ENDORSEMENT.—The National Board, after public

review and comment, shall endorse those skill standards systems relating to the occupational clusters identified pursuant

to subsection (a) that—

(A) meet the objective endorsement criteria that are developed pursuant to paragraph (1); and (B) are submitted by voluntary partnerships that meet the requirements of subsection (b).

(e) RELATIONSHIP WITH CIVIL RIGHTS LAWS.— (1) IN GENERAL.—Nothing in this title shall be construed

to modify or affect any Federal or State law prohibiting

discrimination on the basis of race, color, gender, age, religion,

ethnicity, disability, or national origin. (2) EVIDENCE.—The endorsement or absence of an endorsement by the National Board of a skill standard, or assessment

and certification system, under subsection (d) shall not be used

in any action or proceeding to establish that the use of a

skill standard or assessment and certification system conforms

or does not conform to the requirements of civil rights laws.

(f) COORDINATION.—The National Board shall establish cooperative arrangements with the National Education Standards and

Improvement Council to promote the coordination of the development of skill standards under this section with the development

of voluntary national content standards and voluntary national

student performance standards in accordance with section 213.

(g) FINANCIAL ASSISTANCE.—

(1) IN GENERAL.—From funds appropriated pursuant to

section 507—

(A) the National Board may enter into contracts and

cooperative agreements to carry out the purposes of this

title; and
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(B) the Secretary of Labor may, in accordance with paragraph (2), award grants to voluntary partnerships for

the development of skill standards systems meeting the

requirements of subsection (d).

(2) GRANTS TO VOLUNTARY PARTNERSHIPS.— (A) ELIGIBILITY AND APPLICATION.—Voluntary partner- ships that meet the requirements of subsection (b) shall

be eligible to apply for a grant under this subsection.

Each such voluntary partnership desiring a grant shall

submit an application to the National Board at such time,

in such manner, and accompanied by such information

as the National Board may reasonably require. (B) REVIEW AND RECOMMENDATION.—The National

Board shall review each application submitted pursuant

to subparagraph (A) in accordance with the objective criteria published pursuant to subparagraph (C) and shall

forward each such application to the Secretary of Labor

accompanied by a nonbinding recommendation for the

approval or disapproval of each such application by the

Secretary.

(C) CRITERIA FOR REVIEW.—Prior to each fiscal year,

the National Board shall publish objective criteria to be

used by the Board in reviewing applications under subparagraph (B).

(3) LIMITATION ON USE OF FUNDS.—

(A) IN GENERAL.—Not more than 20 percent of the

funds appropriated pursuant to the authority of section

507(a) for each fiscal year shall be used by the National

Board for the costs of administration.

(B) COSTS OF ADMINISTRATION DEFINED.—For purposes

of this paragraph, the term ‘‘costs of administration’’ means

costs relating to staff, supplies, equipment, space, and

travel and per diem, costs of conducting meetings and

conferences, and other related costs.

SEC. 505. DEADLINES.

Not later than December 31, 1995, the National Board shall,

at a minimum—

(1) identify occupational clusters pursuant to section 504(a)

representing a substantial portion of the workforce; and

(2) promote the development of an initial set of skill standards in accordance with section 504(d) for such clusters.

SEC. 506. REPORTS.

The National Board shall prepare and submit to the President

and the Congress in each of the fiscal years 1994 through 1999,

a report on the activities conducted under this title. Such report

shall include information on the extent to which skill standards

have been adopted by employers, training providers, and other

entities, and on the effectiveness of such standards in accomplishing

the purposes described in section 502.

SEC. 507. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—There are authorized to be appropriated to

carry out this title $15,000,000 for fiscal year 1994 and such sums

as may be necessary for each of fiscal years 1995 through 1999.

(b) AVAILABILITY.—Amounts appropriated pursuant to subsection (a) shall remain available until expended.
H. R. 1804—76

SEC. 508. DEFINITIONS.

For purposes of this title, the following definitions apply: (1) COMMUNITY-BASED ORGANIZATIONS.—The term ‘‘community-based organizations’’ has the meaning given the term in

section 4(5) of the Job Training Partnership Act (29 U.S.C.

1503(5)).

(2) EDUCATIONAL INSTITUTION.—The term ‘‘educational

institution’’ means a high school, a vocational school, and an

institution of higher education. (3) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institution of higher education’’ means an institution of higher education (as such term is defined in section 481 of the Higher

Education Act of 1965 (20 U.S.C. 1088)) which continues to

meet the eligibility and certification requirements under section

498 of such Act.

(4) SKILL STANDARD.—The term ‘‘skill standard’’ means a

standard that specifies the level of knowledge and competence

required to successfully perform work-related functions within

an occupational cluster.

SEC. 509. SUNSET PROVISION.

(a) REPEAL.—This title is repealed on September 30, 1999. (b) REVIEW OF REPEAL.—It is the sense of the Congress that the appropriate committees of the Congress should review the

accomplishments of the National Board prior to the date of repeal

described in subsection (a) in order to determine whether it is

appropriate to extend the authorities provided under this title for

a period beyond such date.

TITLE VI—INTERNATIONAL EDUCATION

PROGRAM

SEC. 601. INTERNATIONAL EDUCATION PROGRAM.

(a) PROGRAM ESTABLISHED.—The Secretary, with the concur- rence of the Director of the United States Information Agency

and with the foreign policy guidance of the Secretary of State,

shall carry out an International Education Program in accordance

with this section that shall provide for— (1) the study of international education programs and deliv- ery systems; and (2) an international education exchange program. (b) ASSESSMENT AND INFORMATION.—The Secretary shall award grants for the study, evaluation, and analysis of education systems

in other nations, particularly Great Britain, France, Germany and

Japan. Such studies shall focus upon a comparative analysis of

curriculum, methodology, and organizational structure, including

the length of the school year and school day. In addition, the

studies shall provide an analysis of successful strategies employed

by other nations to improve student achievement, with a specific

focus upon application to schooling and the National Education

Goals.

(c) INTERNATIONAL EDUCATION EXCHANGE.—

(1) REQUIREMENT.—

(A) IN GENERAL.—The Secretary, in consultation with

the Director of the United States Information Agency, shall

carry out a program to be known as the International
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Education Exchange Program. Under such program the

Secretary shall award grants to or enter into contracts

with organizations with demonstrated effectiveness or

expertise in international achievement comparisons, in

order to—

(i) make available to educators from eligible countries exemplary curriculum and teacher training programs in civics and government education and

economic education developed in the United States;

(ii) assist eligible countries in the adaptation and

implementation of such programs or joint research

concerning such programs;

(iii) create and implement educational programs

for United States students which draw upon the experiences of emerging constitutional democracies;

(iv) provide a means for the exchange of ideas

and experiences in civics and government education

and economic education among political, educational,

and private sector leaders of participating eligible countries; and

(v) provide support for—

(I) research and evaluation to determine the

effects of educational programs on students’ development of the knowledge, skills, and traits of

character essential for the preservation and

improvement of constitutional democracy; and

(II) effective participation in and the preservation and improvement of an efficient market economy.

(B) PROGRAM ADMINISTRATION.—The Secretary and the

Director of the United States Information Agency, or their

designees, shall be jointly responsible for the design of

the program described in subparagraph (A). The Secretary

and the Director of the United States Information Agency

shall name to an oversight committee an equal number

of representatives. Such committee shall determine the

specifications for requests for proposals, the eligibility and

review criteria for proposals, and the review process for

proposals, for grants or contracts under this section. The

Director of the United States Information Agency shall

have particular responsibility for ensuring that programs

assisted under this section are not duplicative of other

efforts in the target countries and that foreign partner

institutions are creditable.

(C) RESERVATIONS.—In carrying out the program

described in subparagraph (A), there shall be reserved in

each fiscal year—

(i) 50 percent of the amount available to carry

out this subsection for civics and government education

activities; and

(ii) 50 percent of such amount available to carry

out this subsection for economic education activities.

(2) CONTRACT AUTHORIZED.—

(A) IN GENERAL.—The Secretary, in consultation with

the Director of the United States Information Agency, is

authorized to contract with independent nonprofit edu-
H. R. 1804—78

cational organizations to carry out the provisions of this

subsection.

(B) NUMBER.—The Secretary, in consultation with the

Director of the United States Information Agency, shall

award at least 1 but not more than 3 contracts described

in subparagraph (A) in each of the areas described in

clauses (i) and (ii) of paragraph (1)(B).

(C) AVOIDANCE OF DUPLICATION.—The Secretary, in

consultation with the Director of the United States

Information Agency, shall award contracts described in

subparagraph (A) so as to avoid duplication of activities

in such contracts.

(D) REQUIREMENTS.—Each organization with which the

Secretary enters into a contract pursuant to subparagraph

(A) shall—

(i) be experienced in—

(I) the development and national implementation of curricular programs in civics and government education and economic education for

students from grades kindergarten through 12 in

local, intermediate, and State educational agencies, in schools funded by the Bureau, and in private schools throughout the Nation with the

cooperation and assistance of national professional

educational organizations, colleges and universities, and private sector organizations;

(II) the development and implementation of

cooperative university and school-based inservice

training programs for teachers of grades kindergarten through grade 12 using scholars from such

relevant disciplines as political science, political

philosophy, history, law and economics; (III) the development of model curricular

frameworks in civics and government education

and economic education;

(IV) the administration of international seminars on the goals and objectives of civics and

government education or economic education in

constitutional democracies (including the sharing

of curricular materials) for educational leaders,

teacher trainers, scholars in related disciplines,

and educational policymakers; and (V) the evaluation of civics and government

education or economic education programs; and

(ii) have the authority to subcontract with other

organizations to carry out the provisions of this subsection.

(3) ACTIVITIES.—The international education program

described in this subsection shall—

(A) provide eligible countries with—

(i) seminars on the basic principles of United

States constitutional democracy and economics, including seminars on the major governmental and economic

institutions and systems in the United States, and

visits to such institutions;

(ii) visits to school systems, institutions of higher

learning, and nonprofit organizations conducting exem-
H. R. 1804—79

plary programs in civics and government education

and economic education in the United States;

(iii) home stays in United States communities;

(iv) translations and adaptations regarding United

States civics and government education and economic

education curricular programs for students and teachers, and in the case of training programs for teachers

translations and adaptations into forms useful in

schools in eligible countries, and joint research projects

in such areas;

(v) translation of basic documents of United States

constitutional government for use in eligible countries,

such as The Federalist Papers, selected writings of

Presidents Adams and Jefferson and the Anti-Federalists, and more recent works on political theory, constitutional law and economics; and

(vi) research and evaluation assistance to

determine—

(I) the effects of educational programs on students’ development of the knowledge, skills and

traits of character essential for the preservation

and improvement of constitutional democracy; and

(II) effective participation in and the preservation and improvement of an efficient market

economy;

(B) provide United States participants with—

(i) seminars on the histories, economics, and

governments of eligible countries; (ii) visits to school systems, institutions of higher

learning, and organizations conducting exemplary programs in civics and government education and economic education located in eligible countries; (iii) home stays in eligible countries;

(iv) assistance from educators and scholars in

eligible countries in the development of curricular

materials on the history, government and economics

of such countries that are useful in United States

classrooms;

(v) opportunities to provide on-site demonstrations

of United States curricula and pedagogy for educational

leaders in eligible countries; and (vi) research and evaluation assistance to

determine—

(I) the effects of educational programs on students’ development of the knowledge, skills and

traits of character essential for the preservation

and improvement of constitutional democracy; and

(II) effective participation in and improvement

of an efficient market economy; and

(C) assist participants from eligible countries and the

United States in participating in international conferences

on civics and government education and economic education

for educational leaders, teacher trainers, scholars in related

disciplines, and educational policymakers.

(4) PARTICIPANTS.—The primary participants in the international education program assisted under this subsection shall

be leading educators in the areas of civics and government
H. R. 1804—80

education and economic education, including curriculum and

teacher training specialists, scholars in relevant disciplines,

and educational policymakers, from the United States and

eligible countries.

(5) PERSONNEL AND TECHNICAL EXPERTS.—The Secretary

is authorized to provide Department of Education personnel

and technical experts to assist eligible countries to establish

and implement a database or other effective methods to improve

educational delivery systems, structure and organization.

(6) DEFINITIONS.—For the purpose of this subsection the

term ‘‘eligible country’’ means a Central European country,

an Eastern European country, Lithuania, Latvia, Estonia, Georgia, the Commonwealth of Independent States, and any country

that formerly was a republic of the Soviet Union whose political

independence is recognized in the United States.

(d) AUTHORIZATION OF APPROPRIATIONS.—

(1) ASSESSMENT AND INFORMATION.—There are authorized

to be appropriated $1,000,000 for fiscal year 1995, and such

sums as may be necessary for each of the fiscal years 1996

through 1999, to carry out subsection (b).

(2) INTERNATIONAL EDUCATION EXCHANGE.—There are

authorized to be appropriated $10,000,000 for fiscal year 1995,

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

years 1996 through 1999, to carry out subsection (c).

TITLE VII—SAFE SCHOOLS

SEC. 701. SHORT TITLE; STATEMENT OF PURPOSE.

(a) SHORT TITLE.—This title may be cited as the ‘‘Safe Schools

Act of 1994’’.

(b) STATEMENT OF PURPOSE.—It is the purpose of this title

to help local school systems achieve Goal Six of the National Education Goals, which provides that by the year 2000, every school

in America will be free of drugs and violence and will offer a

disciplined environment conducive to learning, by ensuring that

all schools are safe and free of violence.

SEC. 702. SAFE SCHOOLS PROGRAM AUTHORIZED.

(a) AUTHORITY.— (1) IN GENERAL.—From funds appropriated pursuant to

the authority of subsection (b)(1), the Secretary shall make

competitive grants to eligible local educational agencies to

enable such agencies to carry out projects and activities

designed to achieve Goal Six of the National Education Goals

by helping to ensure that all schools are safe and free of

violence.

(2) GRANT DURATION AND AMOUNT.—Grants under this title

may not exceed— (A) two fiscal years in duration; and

(B) $3,000,000.

(3) GEOGRAPHIC DISTRIBUTION.—To the extent practicable,

grants under this title shall be awarded to eligible local educational agencies serving rural, as well as urban, areas.

(b) AUTHORIZATION OF APPROPRIATIONS AND RESERVATION.—

(1) AUTHORIZATION.—There are authorized to be appropriated $50,000,000 for fiscal year 1994 to carry out this title.
H. R. 1804—81

(2) RESERVATION.—The Secretary is authorized in each fis- cal year to reserve not more than 10 percent of the amount

appropriated pursuant to the authority of paragraph (1) to

carry out national activities described in section 706, of which

50 percent of such amount shall be available in such fiscal

year to carry out the program described in section 706(b).

SEC. 703. ELIGIBLE APPLICANTS.

(a) IN GENERAL.—To be eligible to receive a grant under this title, a local educational agency shall demonstrate in the application

submitted pursuant to section 704(a) that such agency— (1) serves an area in which there is a high rate of— (A) homicides committed by persons between the ages 5 to 18, inclusive;

(B) referrals of youth to juvenile court;

(C) youth under the supervision of the courts;

(D) expulsions and suspensions of students from school;

(E) referrals of youth, for disciplinary reasons, to alter- native schools; or

(F) victimization of youth by violence, crime, or other forms of abuse; and

(2) has serious school crime, violence, and discipline problems, as indicated by other appropriate data.

(b) PRIORITY.—In awarding grants under this title, the Sec- retary shall give priority to a local educational agency that submits

an application that assures a strong local commitment to the

projects or activities assisted under this title, such as— (1) the formation of partnerships among the local edu- cational agency, a community-based organization, a nonprofit

organization with a demonstrated commitment to or expertise

in developing education programs or providing educational services to students or the public, a local law enforcement agency,

or any combination thereof; and (2) a high level of youth participation in such projects

or activities.

SEC. 704. APPLICATIONS AND PLANS.

(a) APPLICATION.—In order to receive a grant under this title, an eligible local educational agency shall submit to the Secretary

an application that includes— (1) an assessment of the current violence and crime problems in the schools to be served by the grant and in the

community to be served by the applicant; (2) an assurance that the applicant has written policies

regarding school safety, student discipline, and the appropriate

handling of violent or disruptive acts; (3) a description of the schools and communities to be

served by the grant, the activities and projects to be carried

out with grant funds, and how these activities and projects

will help to reduce the current violence and crime problems

in the schools and communities served;

(4) a description of educational materials to be developed

in the first most predominate non-English language of the

schools and communities to be served by the grant, if applicable;

(5) if the local educational agency receives Federal education funds, an explanation of how activities assisted under

this title will be coordinated with and support any systemic

education improvement plan prepared with such funds;
H. R. 1804—82

(6) the applicant’s plan to establish school-level advisory

committees, which include faculty, parents, staff, and students,

for each school to be served by the grant and a description

of how each committee will assist in assessing that school’s

violence and discipline problems as well as in designing appropriate programs, policies, and practices to combat such problems;

(7) the applicant’s plan for collecting baseline and future

data, by individual schools, to monitor violence and discipline

problems and to measure the applicant’s progress in achieving

the purpose of this title;

(8) a description of how, in subsequent fiscal years, the

grantee will integrate the violence prevention activities the

grantee carries out with funds under this title with activities

carried out under the grantee’s comprehensive plan for drug

and violence prevention adopted under the Drug-Free Schools

and Communities Act of 1986;

(9) a description of how the grantee will coordinate the

grantee’s school crime and violence prevention efforts with education, law enforcement, judicial, health, and social service

programs supported under the Juvenile Justice and Delinquency Prevention Act of 1974, and other appropriate agencies

and organizations serving the community;

(10) a description of how the grantee will inform parents

about the extent of crime and violence in their children’s schools

and maximize the participation of parents in the grantee’s

violence prevention activities;

(11) an assurance that grant funds under this title will

be used to supplement and not supplant State and local funds

that would, in the absence of funds under this title, be made

available by the applicant for the purposes of the grant;

(12) an assurance that the applicant will cooperate with,

and provide assistance to, the Secretary in gathering statistics

and other data the Secretary determines are necessary to determine the effectiveness of projects and activities assisted under

this title or the extent of school violence and discipline problems

throughout the Nation; and

(13) such other information as the Secretary may require.

(b) PLAN.—In order to receive funds under this title for a

second year, a grantee shall submit to the Secretary a comprehensive, long-term, school safety plan for reducing and preventing

school violence and discipline problems. Such plan shall contain

a description of how the grantee will coordinate the grantee’s school

crime and violence prevention efforts with education, law-enforcement, judicial, health, social service, and other appropriate agencies

and organizations serving the community.

SEC. 705. USE OF FUNDS.

(a) IN GENERAL.—A local educational agency shall use grant

funds received under this title for one or more of the following

activities:

(1) Identifying and assessing school violence and discipline

problems, including coordinating needs assessment activities

with education, law enforcement, judicial, health, social service,

and other appropriate agencies and organizations, juvenile justice programs, and gang prevention activities.
H. R. 1804—83

(2) Conducting school safety reviews or violence prevention

reviews of programs, policies, practices, and facilities to determine what changes are needed to reduce or prevent violence

and promote safety and discipline.

(3) Planning for comprehensive, long-term strategies for

addressing and preventing school violence and discipline problems through the involvement and coordination of school programs with other education, law enforcement, judicial, health,

social service, and other appropriate agencies and organizations.

(4) Training school personnel in programs of demonstrated

effectiveness in addressing violence, including violence prevention, conflict resolution, anger management, peer mediation,

and identification of high-risk youth.

(5) Activities which involve parents in efforts to promote

school safety and prevent school violence.

(6) Community education programs, including video- and

technology-based projects, informing parents, businesses, local

government, the media and other appropriate entities about—

(A) the local educational agency’s plan to promote

school safety and reduce and prevent school violence and

discipline problems; and

(B) the need for community support.

(7) Coordination of school-based activities designed to promote school safety and reduce or prevent school violence and

discipline problems with related efforts of education, law

enforcement, judicial, health, social service, and other appropriate agencies and organizations and juvenile justice programs. (8) Developing and implementing violence prevention

activities and materials, including— (A) conflict resolution and social skills development

for students, teachers, aides, other school personnel, and

parents;

(B) disciplinary alternatives to expulsion and suspension of students who exhibit violent or antisocial behavior;

(C) student-led activities such as peer mediation, peer

counseling, and student courts; or (D) alternative after-school programs that provide safe

havens for students, which may include cultural, recreational, educational and instructional activities, and

mentoring and community service programs.

(9) Educating students and parents regarding the dangers

of guns and other weapons and the consequences of their use. (10) Developing and implementing innovative curricula to

prevent violence in schools and training staff how to stop

disruptive or violent behavior if such behavior occurs.

(11) Supporting ‘‘safe zones of passage’’ for students

between home and school through such measures as Drugand Weapon-Free School Zones, enhanced law enforcement,

and neighborhood patrols.

(12) Counseling programs for victims and witnesses of

school violence and crime.

(13) Acquiring and installing metal detectors and hiring

security personnel.

(14) Reimbursing law enforcement authorities for their

personnel who participate in school violence prevention activities.
H. R. 1804—84

(15) Evaluating projects and activities assisted under this

title.

(16) The cost of administering projects or activities assisted

under this title.

(17) Other projects or activities that meet the purpose

of this title.

(b) LIMITATIONS.—

(1) IN GENERAL.—A local educational agency may use not

more than—

(A) a total of 5 percent of grant funds received under

this title in each fiscal year for activities described in

paragraphs (11), (13), and (14) of subsection (a); and

(B) 5 percent of grant funds received under this title

in each fiscal year for activities described in paragraph

(16) of subsection (a).

(2) SPECIAL RULE.—A local educational agency shall only

be able to use grant funds received under this title for activities

described in paragraphs (11), (13), and (14) of subsection (a)

if funding for such activities is not available from other Federal

sources.

(3) PROHIBITION.—A local educational agency may not use

grant funds received under this title for construction.

SEC. 706. NATIONAL ACTIVITIES.

(a) NATIONAL ACTIVITIES.—

(1) IN GENERAL.—To carry out the purpose of this title,

the Secretary—

(A) is authorized to use funds reserved under section

702(b)(2) to—

(i) conduct national leadership activities such as

research, program development and evaluation, data

collection, public awareness activities, training and

technical assistance, dissemination (through appropriate research entities assisted by the Department

of Education) of information on successful projects,

activities, and strategies developed pursuant to this

title;

(ii) provide grants to noncommercial telecommunications entities for the production and distribution of

national video-based projects that provide young people

with models for conflict resolution and responsible

decisionmaking; and (iii) conduct peer review of applications under this

title; and

(B) shall develop a written safe schools model so that

all schools can develop models that enable all students

to participate regardless of any language barrier.

(2) SPECIAL RULE.—The Secretary may carry out the activities described in paragraph (1) directly, through interagency

agreements, or through grants, contracts or cooperative agreements.

(b) NATIONAL MODEL CITY.—The Secretary shall designate the

District of Columbia as a national model city and shall provide

funds made available pursuant to section 702(b)(2) in each fiscal

year to a local educational agency serving the District of Columbia

in an amount sufficient to enable such agency to carry out a

comprehensive program to address school and youth violence.
H. R. 1804—85

SEC. 707. NATIONAL COOPERATIVE EDUCATION STATISTICS SYSTEM.

Subparagraph (A) of section 406(h)(2) of the General Education Provisions Act (20 U.S.C. 1221e–1(h)(2)(A)) is amended—

(1) in clause (vi), by striking ‘‘and’’ after the semicolon;

and

(2) by adding after clause (vii) the following new clause: ‘‘(viii) school safety policy, and statistics on the

incidents of school violence; and’’.

SEC. 708. REPORTS.

(a) REPORT TO SECRETARY.—Each local educational agency that

receives funds under this title shall submit to the Secretary a

report not later than March 1, 1995, that describes progress

achieved in carrying out the plan described in section 704(b).

(b) REPORT TO CONGRESS.—The Secretary shall submit to the

Committee on Education and Labor of the House of Representatives

and the Committee on Labor and Human Resources of the Senate

a report not later than October 1, 1995, which shall contain a

detailed statement regarding grant awards, activities of grant

recipients, a compilation of statistical information submitted by

applicants under section 704(a), and an evaluation of programs

assisted under this title.

SEC. 709. COORDINATION OF FEDERAL ASSISTANCE.

The Secretary, as a member of the Coordinating Council on

Juvenile Justice and Delinquency Prevention of the Department

of Justice, shall coordinate the programs and activities carried

out under this title with the programs and activities carried out

by the departments and offices represented within the Council

that provide assistance under other Federal law for purposes that

are determined by the Secretary to be similar to the purpose of

this title, in order to avoid redundancy and coordinate Federal

assistance, research, and programs for youth violence prevention.

TITLE VIII—MINORITY-FOCUSED CIVICS

EDUCATION

SEC. 801. SHORT TITLE.

This title may be cited as the ‘‘Minority-Focused Civics Education Act of 1994’’.

SEC. 802. PURPOSES.

It is the purpose of this title—

(1) to encourage improved instruction for minorities and

Native Americans in American government and civics through

a national program of accredited summer teacher training and

staff development seminars or institutes followed by academic

year inservice training programs conducted on college and

university campuses or other appropriate sites, for—

(A) social studies and other teachers responsible for

American history, government, and civics classes; and

(B) other educators who work with minority and Native

American youth; and

(2) through such improved instruction to improve minority

and Native American student knowledge and understanding

of the American system of government.
H. R. 1804—86

SEC. 803. GRANTS AUTHORIZED; AUTHORIZATION OF APPROPRIATIONS.

(a) GRANTS AUTHORIZED.— (1) IN GENERAL.—The Secretary is authorized to make

grants to eligible entities for the development and implementation of seminars in American government and civics for

elementary and secondary school teachers and other educators

who work with minority and Native American students. (2) AWARD RULE.—In awarding grants under this title,

the Secretary shall ensure that there is wide geographic distribution of such grants.

(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated $5,000,000 for fiscal 1995, and such sums as

may be necessary for each of the fiscal years 1996, 1997, and

1998, to carry out this title.

SEC. 804. DEFINITIONS.

For purposes of this title—

(1) the term ‘‘eligible entity’’ means a State educational

agency, an institution of higher education or a State higher

education agency, or a public or private nonprofit organization,

with experience in coordinating or conducting teacher training

seminars in American government and civics education, or a

consortium thereof; and

(2) the term ‘‘State higher education agency’’ means the

officer or agency primarily responsible for the State supervision

of higher education.

SEC. 805. APPLICATIONS.

(a) APPLICATION REQUIRED.—Each eligible entity desiring a

grant under this title shall submit an application to the Secretary,

at such time, in such manner and containing or accompanied by

such information as the Secretary may reasonably require. (b) CONTENTS OF APPLICATION.—Each application submitted

pursuant to subsection (a) shall—

(1) define the learning objectives and course content of

each seminar to be held and describe the manner in which

seminar participants shall receive substantive academic

instruction in the principles, institutions and processes of American government; (2) provide assurances that educators successfully participating in each seminar will qualify for either graduate credit

or professional development or advancement credit according

to the criteria established by a State or local educational agency; (3) describe the manner in which seminar participants

shall receive exposure to a broad array of individuals who

are actively involved in the political process, including political

party representatives drawn equally from the major political

parties, as well as representatives of other organizations

involved in the political process;

(4) provide assurances that the seminars will be conducted

on a nonpartisan basis;

(5) describe the manner in which the seminars will address

the role of minorities or Native Americans in the American

political process, including such topics as—

(A) the history and current political state of minorities

or Native Americans;
H. R. 1804—87

(B) recent research on minority or Native American

political socialization patterns and cognitive learning styles;

and

(C) studies of political participation patterns of minorities or Native Americans;

(6) describe the pedagogical elements for teachers that

will enable teachers to develop effective strategies and lesson

plans for teaching minorities or Native American students at

the elementary and secondary school levels;

(7) identify the eligible entities which will conduct the

seminars for which assistance is sought;

(8) in the case that the eligible entity is an institution

of higher education, describe the plans for collaborating with

national organizations in American government and civics education;

(9) provide assurances that during the academic year educators participating in the summer seminars will provide

inservice training programs based upon what such educators

have learned and the curricular materials such educators have

developed or acquired for their peers in their school systems

with the approval and support of their school administrators;

and

(10) describe the activities or services for which assistance

is sought, including activities and services such as—

(A) development of seminar curricula;

(B) development and distribution of instructional materials;

(C) scholarships for participating teachers; and

(D) program assessment and evaluation.

(c) PRIORITY.—The Secretary, in approving applications for

assistance under this title, shall give priority to applications which

demonstrate that—

(1) the applicant will serve teachers who teach in schools

with a large number or concentration of economically disadvantaged students;

(2) the applicant has demonstrated national experience

in conducting or coordinating accredited summer seminars in

American government or civics education for elementary and

secondary school teachers;

(3) the applicant will coordinate or conduct seminars on

a national or multistate basis through a collaboration with

an institution of higher education, State higher education

agency or a public or private nonprofit organization, with

experience in coordinating or conducting teacher training programs in American government and civics education;

(4) the applicant will coordinate or conduct seminars

designed for more than one minority student population and

for Native Americans; and

(5) the applicant will coordinate or conduct seminars that

offer a combination of academic instruction in American government, exposure to the practical workings of the political system,

and training in appropriate pedagogical techniques for working

with minority and Native American students.
H. R. 1804—88

TITLE IX—EDUCATIONAL RESEARCH

AND IMPROVEMENT

SEC. 901. SHORT TITLE.

This title may be cited as the ‘‘Educational Research, Develop- ment, Dissemination, and Improvement Act of 1994’’.

SEC. 902. FINDINGS.

The Congress finds as follows with respect to improving edu- cation in the United States:

(1) A majority of public schools in the United States are failing to prepare students to achieve the National Education

Goals. The Federal Government should support an extensive

program of educational research, development, dissemination,

replication and assistance to identify and support the best

responses for the challenges ahead. A significant investment

in attaining a deeper understanding of the processes of learning

and schooling and developing new ideas holds the best hope

of making a substantial difference to the lives of every student

in the United States. The Office of Educational Research and

Improvement within the Department of Education should be

at the center of this campaign in order to coordinate such

efforts.

(2) The Federal role in educational research has been

closely identified with youths who are socioeconomically disadvantaged, are minorities, belong to a language minority, or

have a disability. The Federal commitment to education was

sufficient to serve not more than—

(A) in 1993, 1 out of every 6 low-income children in

need of preschool education;

(B) in 1990, 3 out of every 5 children in need of remediation;

(C) in 1991, 1 out of every 5 children in need of bilingual education; and

(D) in 1992, 1 out of every 20 youths eligible for assistance under the Job Training Partnership Act.

(3) The failure of the Federal Government to adequately

invest in educational research and development has denied

the United States a sound foundation of knowledge on which

to design school improvements. The educational achievement

of minority children is of particular concern because at least

half of the public school students in 25 of the largest cities

of the United States are minority children, and demographers

project that, by the year 2005, almost all urban public school

students will be minority children or other children in poverty. (4) The investment goal of the Federal research, development, and dissemination function should be at least 1 percent

of the total amount of funds spent on education.

(5) Nationwide model programs and reliable interventions

should be demonstrated and replicated, and for such purposes,

programs should be established to conduct research and evaluations, and to disseminate information.

(6) The Office should develop a national dissemination

policy that will advance the goal of placing a national treasure

chest of research results, models, and materials at the disposal

of the education decisionmakers of the United States.
H. R. 1804—89

(7) A National Educational Research Policy and Priorities

Board should be established to work collaboratively with the

Assistant Secretary to forge a national consensus with respect

to a long-term agenda for educational research, development,

dissemination, and the activities of the Office.

(8) Existing research and development entities should adopt

expanded, proactive roles and new institutions should be created to promote knowledge development necessary to accelerate

the application of research findings to high priority areas.

(9) Greater use should be made of existing technologies

in efforts to improve the educational system of the United

States, including efforts to disseminate research findings.

(10) Minority educational researchers are inadequately

represented throughout the Department of Education, but

particularly in the Office. The Office therefore should assume

a leadership position in the recruitment, retention, and promotion of qualified minority educational researchers.

(11) The coordination of the mission of the Office with

that of other components of the Department of Education is

critical. The Office should improve the coordination of the educational research, development, and dissemination function

with those of other Federal agencies.

PART A—GENERAL PROVISIONS REGARDING

THE OFFICE OF EDUCATIONAL RESEARCH

AND IMPROVEMENT

SEC. 911. REPEAL.

(a) REPEAL.—Section 405 of the General Education Provisions

Act (20 U.S.C. 1221e) is repealed.

(b) CONFORMING AMENDMENT.—The second sentence of section

209 of the Department of Education Organization Act (20 U.S.C.

3419) is amended by inserting ‘‘and such functions as set forth

in the Educational Research, Development, Dissemination, and

Improvement Act of 1994’’ after ‘‘delegate’’.

SEC. 912. OFFICE OF EDUCATIONAL RESEARCH AND IMPROVEMENT.

(a) DECLARATION OF POLICY REGARDING EDUCATIONAL OPPORTUNITY.—

(1) IN GENERAL.—The Congress declares it to be the policy

of the United States to provide to every individual an equal

opportunity to receive an education of high quality regardless

of race, color, religion, sex, age, disability, national origin, or

social class. Although the American educational system has

pursued this objective, it has not been attained. Inequalities

of opportunity to receive high quality education remain pronounced. To achieve the goal of quality education requires

the continued pursuit of knowledge about education through

research, development, improvement activities, data collection,

synthesis, technical assistance, and information dissemination.

While the direction of American education remains primarily

the responsibility of State and local governments, the Federal

Government has a clear responsibility to provide leadership

in the conduct and support of scientific inquiry into the educational process.

(2) MISSION OF OFFICE.—
H. R. 1804—90

(A) The mission of the Office shall be to provide

national leadership in—

(i) expanding fundamental knowledge and understanding of education;

(ii) promoting excellence and equity in education;

and the achievement of the National Educational Goals

by spurring reform in the school systems of the United

States;

(iii) promoting the use and application of research

and development to improve practice in the classroom;

and

(iv) monitoring the state of education.

(B) The mission of the Office shall be accomplished

in collaboration with researchers, teachers, school administrators, parents, students, employers, and policymakers.

(b) PURPOSE AND STRUCTURE OF OFFICE.—

(1) IN GENERAL.—The Secretary, acting through the Office,

shall carry out the policies set forth in subsection (a). In carrying out such policies, the Office shall be guided by the Research

Priorities Plan developed by the Assistant Secretary working

collaboratively with the Board and which has been approved

by the Board.

(2) ADMINISTRATIVE STRUCTURE.—The Office shall be

administered by the Assistant Secretary and shall include—

(A) the National Educational Research Policy and

Priorities Board established by section 921;

(B) the national research institutes established by section 931;

(C) the national education dissemination system established by section 941; (D) the National Center for Education Statistics; and

(E) such other units as the Secretary deems appropriate to carry out the purposes of the Office.

(3) AUTHORIZED ACTIVITIES.— (A) OFFICE.—In fulfilling its purposes under this section, the Office is authorized to—

(i) conduct and support education-related research

activities, including basic and applied research, development, planning, surveys, assessments, evaluations,

investigations, experiments, and demonstrations of

national significance; (ii) disseminate the findings of education research,

and provide technical assistance to apply such information to specific problems at school sites;

(iii) collect, analyze, and disseminate data related

to education, and to library and information services;

(iv) promote the use of knowledge gained from

research and statistical findings in schools, other educational institutions, and communities;

(v) provide training in education research; and

(vi) promote the coordination of education research

and research support within the Federal Government,

and otherwise assist and foster such research.

(c) APPOINTMENT OF EMPLOYEES.—

(1) IN GENERAL.—The Assistant Secretary may appoint,

for terms not to exceed three years (without regard to the

provisions of title 5, United States Code, governing appointment
H. R. 1804—91

in the competitive service) and may compensate (without regard

to the provisions of chapter 51 and subchapter III of chapter

53 of such title relating to classification and General Schedule

pay rates) such scientific or technical employees of the Office

as the Assistant Secretary considers necessary to accomplish

its functions, provided that—

(A) at least 30 days prior to the appointment of any

such employee, public notice is given of the availability

of such position and an opportunity is provided for qualified

individuals to apply and compete for such position;

(B) the rate of basic pay for such employees does not

exceed the maximum rate of basic pay payable for positions

at GS–15, as determined in accordance with section 5376

of title 5, United States Code;

(C) the appointment of such employee is necessary

to provide the Office with scientific or technical expertise

which could not otherwise be obtained by the Office through

the competitive service; and

(D) the total number of such employees does not exceed

one-fifth of the number of full-time, regular scientific or

professional employees of the Office.

(2) REAPPOINTMENT OF EMPLOYEES.—The Assistant Secretary may reappoint employees described in paragraph (1)

upon presentation of a clear and convincing justification of

need, for one additional term not to exceed 3 years. All such

employees shall work on activities of the Office and shall not

be reassigned to other duties outside the Office during their

term.

(d) AUTHORITY TO PUBLISH.— (1) IN GENERAL.—The Assistant Secretary is authorized

to prepare and publish such information, reports, and documents as may be of value in carrying out the purposes of

this title without further clearance or approval by the Secretary

or any other office of the Department of Education. (2) QUALITY ASSURANCE.—In carrying out such authority,

the Assistant Secretary shall— (A) establish such procedures as may be necessary

to assure that all reports and publications issued by the

Office are of the highest quality; and (B) provide other offices of the Department of Education with an opportunity to comment upon any report

or publication prior to its publication when its contents

relate to matters for which such office has responsibility. (e) BIENNIAL REPORT ON ACTIVITIES OF OFFICE.—The Assistant

Secretary shall transmit to the President and the Congress by

not later than December 30 of every other year a report which

shall consist of—

(1) a description of the activities carried out by and through

each research institute during the fiscal years for which such

report is prepared and any recommendations and comments

regarding such activities as the Assistant Secretary considers

appropriate;

(2) a description of the activities carried out by and through

the national education dissemination system established by

section 941 during the fiscal years for which such report is

prepared and any recommendations and comments regarding

such activities as the Assistant Secretary considers appropriate;
H. R. 1804—92

(3) such written comments and recommendations as may

be submitted by the Board concerning the activities carried

out by and through each of the institutes and the national

education dissemination system during the fiscal years for

which such report is prepared;

(4) a description of the coordination activities undertaken

pursuant to subsection (g) during the fiscal years for which

such report is prepared;

(5) recommendations for legislative and administrative

changes necessary to improve the coordination of all educational

research, development, and dissemination activities carried out

within the Federal Government; and

(6) such additional comments, recommendations, and materials as the Assistant Secretary considers appropriate.

(f) RESEARCH PRIORITIES PLAN.—

(1) IN GENERAL.—Working collaboratively with the Board,

the Assistant Secretary shall—

(A) survey and assess the state of knowledge in education research, development and dissemination to identify

disciplines and areas of inquiry in which the state of knowledge is insufficient and which warrant further investigation, taking into account the views of both education

researchers and practicing educators;

(B) consult with the National Education Goals Panel

and other authorities on education to identify national

priorities for the improvement of education;

(C) actively solicit recommendations from education

researchers, teachers, school administrators, cultural leaders, parents, and others throughout the United States

through such means as periodic regional forums; (D) provide recommendations for the development,

maintenance, and assurance of a strong infrastructure for

education, research, and development in the United States;

and

(E) on the basis of such recommendations, develop

a research priorities program which shall recommend priorities for the investment of the resources of the Office over

the next 5-, 10-, and 15-year periods, including as priorities

those areas of inquiry in which further research, development and dissemination—

(i) is necessary to attain the National Education

Goals;

(ii) promises to yield the greatest practical benefits

to teachers and other educators in terms of improving

education; and

(iii) will not be undertaken in sufficient scope or

intensity by the other Federal and non-Federal entities

engaged in education research and development.

(2) CONTENTS OF PLAN.—(A) The research and priorities

plan described in paragraph (1) shall, at a minimum—

(i) set forth specific objectives which can be expected

to be achieved as a result of a Federal investment in

the priorities set forth in the plan;

(ii) include recommendations with respect to research

and development on cross-cutting issues which should be

carried out jointly by 2 or more of the research institutes;

and
H. R. 1804—93

(iii) include an evaluative summary of the educational

research and development activities undertaken by the Federal Government during the preceding 2 fiscal years, which

shall describe—

(I) what has been learned as a result of such

activities;

(II) how such new knowledge or understanding

extends or otherwise relates to what had been previously known or understood;

(III) the implications of such new knowledge or

understanding for educational practice and school

reform; and

(IV) any development, reform, and other assistance

activities which have utilized such knowledge or understanding and the effects of such efforts.

(B) REPORT.—(i) Not later than 6 months after the first

meeting of the Board and by October 1 of every second year

thereafter, the Assistant Secretary shall publish a report specifying the proposed research priorities of the Office and allow

a 60-day period beginning on the date of the publication of

the report for public comment and suggestions.

(ii) Not later than 90 days after the expiration of the

60-day period referred to in clause (i), the Assistant Secretary

shall submit to the Board a report specifying the proposed

research priorities of the Office and any public comment and

suggestions obtained under such subparagraph for the Board’s

review and approval.

(g) COORDINATION.—With the advice and assistance of the

Board, the Assistant Secretary shall work cooperatively with the

Secretary and the other Assistant Secretaries of the Department

of Education to establish and maintain an ongoing program of

activities designed to improve the coordination of education

research, development, and dissemination and activities within such

Department and within the Federal Government to—

(1) minimize duplication in education research, development, and dissemination carried out by the Federal Government;

(2) maximize the value of the total Federal investment

in education research, development, and dissemination; and

(3) enable entities engaged in education research, development, and dissemination within the Federal Government to

interact effectively as partners and take full advantage of the

diverse resources and proficiencies which each entity has

available.

(h) ACTIVITIES REQUIRED WITH RESPECT TO COORDINATION.—

In carrying out such program of coordination, the Assistant Secretary shall compile (and thereafter regularly maintain) and make

available a comprehensive inventory of education research, development, dissemination activities, and expenditures being carried out

by the Federal Government.

(i) STANDARDS FOR THE CONDUCT AND EVALUATION OF

RESEARCH.—

(1) IN GENERAL.—In consultation with the Board, the

Assistant Secretary shall develop such standards as may be

necessary to govern the conduct and evaluation of all research,

development, and dissemination activities carried out by the

Office to assure that such activities meet the highest standards
H. R. 1804—94

of professional excellence. In developing such standards, the

Assistant Secretary shall review the procedures utilized by

the National Institutes of Health, the National Science Foundation, and other Federal departments or agencies engaged in

research and development and shall also actively solicit recommendations from research organizations and members of

the general public.

(2) CONTENTS OF STANDARDS.—Such standards shall at a

minimum—

(A) require that a process of open competition be used

in awarding or entering into all grants, contracts, and

cooperative agreements under this title;

(B) require that a system of peer review be utilized

by the Office—

(i) for reviewing and evaluating all applications

for grants and cooperative agreements and bids for

those contracts which exceed $100,000;

(ii) for evaluating and assessing the performance

of all recipients of grants from and cooperative agreements and contracts with the Office; and

(iii) for reviewing and designating exemplary and

promising programs in accordance with section 941(d);

(C) describe the general procedures which shall be

used by each peer review panel in its operations;

(D)(i) describe the procedures which shall be utilized

in evaluating applications for grants, proposed cooperative

agreements, and contract bids; and

(ii) specify the criteria and factors which shall be

considered in making such evaluations;

(E) describe the procedures which shall be utilized

in reviewing educational programs which have been identified by or submitted to the Secretary for evaluation in

accordance with section 941(d); and

(F) require that the performance of all recipients of

grants from and contracts and cooperative agreements with

the Office shall be periodically evaluated, both during and

at the conclusion of their receipt of assistance.

(3) PUBLICATION AND PROMULGATION OF STANDARDS.—

(A) The Assistant Secretary shall publish proposed

standards—

(i) which meet the requirements of subparagraphs

(A), (B), (C), and (D) of paragraph (2) not later than

1 year after the date of the enactment of this title;

(ii) which meet the requirements of paragraph

(2)(E) not later than 2 years after such date; and

(iii) which meet the requirements of subparagraph

(F) of paragraph (2) not later than 3 years after such

date.

(B) Following the publication of such proposed standards, the Assistant Secretary shall solicit comments from

interested members of the public with respect to such proposed standards for a period of not more than 120 days.

After giving due consideration to any comments which

may have been received, the Assistant Secretary shall

transmit such standards to the Board for its review and

approval.
H. R. 1804—95

(C) Upon the approval of the Board, the Assistant

Secretary shall transmit final standards to the Secretary

which meet the requirements of the particular subparagraphs of paragraph (2) for which such standards were

developed. Such standards shall be binding upon all activities carried out with funds appropriated pursuant to subsection (m).

(j) ADDITIONAL RESPONSIBILITIES OF THE ASSISTANT SECRETARY.—In carrying out the activities and programs of the Office,

the Assistant Secretary—

(1) shall be guided by the Research Priorities Plan developed by the Assistant Secretary working collaboratively with

the Board and which has been approved by the Board;

(2) shall ensure that there is broad and regular public

and professional involvement from the educational field in the

planning and carrying out of the Office’s activities, including

establishing teacher advisory boards for any program office,

program or project of the Office as the Assistant Secretary

deems necessary and involving Indian and Alaska Native

researchers and educators in activities that relate to the education of Indian and Alaska Native people;

(3) shall ensure that the selection of research topics and

the administration of the program are free from undue partisan

political influence;

(4) shall ensure that all statistics and other data collected

and reported by the Office shall be collected, cross-tabulated,

analyzed, and reported by sex within race or ethnicity and

socioeconomic status whenever feasible (and when such data

collection or analysis is not feasible, ensure that the relevant

report or document includes an explanation as to why such

data collection or analysis is not feasible); (5) is authorized to administer funds to support a single

project when more than 1 Federal agency uses funds to support

such project, and the Assistant Secretary may act for all such

agencies in administering such funds; and (6) is authorized to offer information and technical assistance to State and local educational agencies, school boards,

and schools, including schools funded by the Bureau, to ensure

that no student is—

(A) denied access to the same rigorous, challenging

curriculum that such student’s peers are offered; or

(B) grouped or otherwise labeled in such a way that

may impede such student’s achievement. (k) INDEPENDENT EVALUATIONS.—The Secretary shall enter into

one or more contracts for the conduct of an independent evaluation

of the effectiveness of the implementation of the provisions of this

title. Such evaluations shall be transmitted to the Congress, the

President, and the Assistant Secretary not later than 54 months

after the date of the enactment of this title.

(l) DEFINITIONS.—For purposes of this title, the following definitions apply:

(1) ASSISTANT SECRETARY.—The term ‘‘Assistant Secretary’’

means the Assistant Secretary for Educational Research and

Improvement established by section 202 of the Department

of Education Organization Act.

(2) AT-RISK STUDENT.—The term ‘‘at-risk student’’ means

a student who, because of limited English proficiency, poverty,
H. R. 1804—96

race, geographic location, or economic disadvantage, faces a

greater risk of low educational achievement or reduced academic expectations.

(3) BOARD.—The term ‘‘Board’’ means the National Educational Research Policy and Priorities Board.

(4) DEVELOPMENT.—The term ‘‘development’’—

(A) means the systematic use, adaptation, and transformation of knowledge and understanding gained from

research to create alternatives, policies, products, methods,

practices, or materials which can contribute to the improvement of educational practice; and

(B) includes the design and development of prototypes

and the testing of such prototypes for the purposes of

establishing their feasibility, reliability, and cost-effectiveness.

(5) DISSEMINATION.—The term ‘‘dissemination’’ means the

communication and transfer, through the provision of technical

assistance and other means, of the results of research and

proven practice in forms that are understandable, easily accessible and usable or adaptable for use in the improvement of

educational practice by teachers, administrators, librarians,

other practitioners, researchers, policymakers, and the public.

(6) EDUCATIONAL RESEARCH.—The term ‘‘educational

research’’ includes basic and applied research, inquiry with

the purpose of applying tested knowledge gained to specific

educational settings and problems, development, planning, surveys, assessments, evaluations, investigations, experiments,

and demonstrations in the field of education and other fields

relating to education.

(7) FIELD-INITIATED RESEARCH.—The term ‘‘field-initiated

research’’ means education research in which topics and methods of study are generated by investigators, including teachers

and other practitioners, not by the source of funding.

(8) NATIONAL EDUCATION DISSEMINATION SYSTEM.—The

term ‘‘national education dissemination system’’ means the

activities carried out by the Office of Reform Assistance and

Dissemination established by section 941.

(9) OFFICE.—The term ‘‘Office’’, unless otherwise specified,

means the Office of Educational Research and Improvement

established in section 209 of the Department of Education

Organization Act.

(10) NATIONAL RESEARCH INSTITUTE.—The term ‘‘national

research institute’’ means an institute established in section

931.

(11) TECHNICAL ASSISTANCE.—The term ‘‘technical assistance’’ means assistance in identifying, selecting, or designing

solutions based on research to address educational problems,

planning, and design that leads to adapting research knowledge

to school practice, training to implement such solutions, and

other assistance necessary to encourage adoption or application

of research.

(12) UNITED STATES; STATE.—The terms ‘‘United States’’

and ‘‘State’’ means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American

Samoa, the Virgin Islands, the Commonwealth of the Northern

Mariana Islands, Palau (until the effective date of the Compact
H. R. 1804—97

of Free Association with the Government of Palau), the Republic

of the Marshall Islands, and the Federated States of Micronesia.

(m) AUTHORIZATION OF APPROPRIATIONS.—

(1) NATIONAL INSTITUTES.—

(A) For the purpose of carrying out section 931, there

is authorized to be appropriated $68,000,000 for fiscal year

1995.

(B)(i) For the purpose of carrying out the provisions

of section 931 relating to the National Institute on Student

Achievement, Curriculum, and Assessment and the

National Institute on the Education of At-Risk Students,

there are authorized to be appropriated $60,000,000 for

fiscal year 1996, and such sums as are necessary for each

of fiscal years 1997, 1998, and 1999.

(ii) Of the total amounts appropriated pursuant to

clause (i)—

(I) 50 percent shall be used by the Assistant Secretary for the purpose of carrying out the provisions

of section 931 relating to the National Institute on

the Education of At-Risk Students; and

(II) 50 percent shall be used for the purpose of

carrying out the provisions of section 931 relating to

the National Institute on Student Achievement,

Curriculum, and Assessment.

(C) For the purpose of carrying out the provisions

of section 931 relating to the National Institute on Educational Governance, Finance, Policy-Making, and Management, there are authorized to be appropriated $10,000,000

for fiscal year 1996, and such sums as are necessary for

each of fiscal years 1997, 1998, and 1999.

(D) For the purpose of carrying out the provisions

of section 931 relating to the National Institute on Early

Childhood Development and Education, there are authorized to be appropriated $15,000,000 for fiscal year 1996,

and such sums as are necessary for each of fiscal years

1997, 1998, and 1999.

(E) For the purpose of carrying out the provisions

of section 931 relating to the National Institute on Postsecondary Education, Libraries, and Lifelong Learning,

there are authorized to be appropriated $15,000,000 for

fiscal year 1996, and such sums as are necessary for each

of fiscal years 1997, 1998, and 1999.

(F) COORDINATION AND SYNTHESIS.—The Assistant Secretary is authorized to reserve not more than 10 percent

of the total amounts appropriated in any fiscal year pursuant to subparagraphs (A) through (E) (but not more than

33 percent of the amount appropriated for any single

institute in any fiscal year) for the purposes of supporting

coordination and synthesis activities described in section

931(i) or to address other priorities which are consistent

with the Research Priorities Plan developed by the Assistant Secretary and approved by the Board.

(2) NATIONAL EDUCATION DISSEMINATION SYSTEM.—

(A)(i) For the purpose of carrying out paragraph (2)

of subsection (b) and subsections (c) through (g) of section

941, there are authorized to be appropriated $23,000,000
H. R. 1804—98

for fiscal year 1995, and such sums as are necessary for

each of the fiscal years 1996 through 1999.

(ii) Of the amount appropriated under clause (i) for

any fiscal year, the Secretary shall make available not

less than $8,000,000 to carry out subsection (f) of section

941 (relating to Educational Resources Information Center

Clearinghouses).

(B) For the purpose of carrying out subsection (h) of

section 941 (relating to regional educational laboratories),

there are authorized to be appropriated $41,000,000 for

fiscal year 1995, and such sums as are necessary for each

of the fiscal years 1996 through 1999. Of the amounts

appropriated under the preceding sentence for a fiscal year,

the Secretary shall obligate not less than 25 percent to

carry out such purpose with respect to rural areas (including schools funded by the Bureau which are located in

rural areas).

(C) For the purpose of carrying out subsection (j) of

section 941 (relating to the teacher research dissemination

demonstration program) there are authorized to be appropriated $20,000,000 for fiscal year 1995, and such sums

as are necessary for each of the fiscal years 1996 through

1999.

(D) For the purpose of carrying out subsection (i) of

section 941 (relating to the Goals 2000 Community Partnerships program), there are authorized to be appropriated

$30,000,000 for fiscal year 1995, $50,000,000 for fiscal year

1996, and such sums as are necessary for each of the

fiscal years 1997 and 1999.

(3) NATIONAL EDUCATIONAL RESEARCH POLICY AND PRIOR- ITIES BOARD.—Of the amounts appropriated under paragraphs (1) and (2) for any fiscal year, the Secretary shall make available 2 percent of such amounts, or $1,000,000, whichever is

less, for the purpose of supporting the activities and expenses

of the Board and the collaborative development of the Research

Priorities Plan by the Assistant Secretary and the Board. (4) ALLOCATIONS FOR GRANTS, COOPERATIVE AGREEMENTS, AND CONTRACTS.—Of the amounts appropriated under paragraph (1) or (2) for any fiscal year, not less than 95 percent

shall be expended to carry out the purposes described in such

paragraphs through grants, cooperative agreements, or contracts.

(5) LIMITATIONS ON APPROPRIATIONS.—No amounts are

authorized to be appropriated under paragraph (1) or (2) for

fiscal year 1996 or any fiscal year thereafter unless the Board

has been appointed in accordance with section 921.

(6) GRANT AUTHORIZED.—

(A) IN GENERAL.—From the amounts appropriated

pursuant to paragraph (1) for any fiscal year, the Secretary

is authorized, in accordance with the provisions of this

paragraph, to award a grant of not more than $5,000,000

to a public or private institution, agency or organization

for a period not to exceed 5 years for the purpose of conducting a State-by-State poll to determine the perceptions of

recent graduates of secondary schools, their instructors

in institutions of higher education, parents of recent such

graduates, and employers of recent such graduates on how
H. R. 1804—99

well schools have prepared students for further education

or employment.

(B) MATCHING REQUIREMENT.—The grant described in

subparagraph (A) shall be awarded on a competitive basis

and shall be matched on a two-to-one basis by the recipient.

SEC. 913. ASSISTANT SECRETARY FOR EDUCATIONAL RESEARCH AND

IMPROVEMENT.

Subsection (b) of section 202 of the Department of Education

Organization Act is amended—

(1) in paragraph (1)—

(A) by striking subparagraph (E); and

(B) by redesignating subparagraphs (F) and (G) as

subparagraphs (E) and (F), respectively; and

(2) by adding at the end the following new paragraph:

‘‘(3) There shall be in the Department an Assistant Secretary

for Educational Research and Improvement who shall be—

‘‘(A) appointed by the President, by and with the consent

of the Senate; and

‘‘(B) selected (giving due consideration to recommendations

from the National Educational Research Policy and Priorities

Board) from among individuals who—

‘‘(i) are distinguished educational researchers or

practitioners;

‘‘(ii) have proven management ability; and

‘‘(iii) have substantial knowledge of education within

the United States.’’.

SEC. 914. SAVINGS PROVISION.

Notwithstanding any other provision of law, contracts for the

regional educational laboratories, Educational Resources Information Center Clearinghouses and research and development centers

and regional educational laboratories assisted under section 405

of the General Education Provisions Act, as such section was in

effect on the day before the date of the enactment of this title,

shall remain in effect until the termination date of such contracts.

SEC. 915. EXISTING GRANTS AND CONTRACTS.

(a) IN GENERAL.—Notwithstanding any other provision of law,

grants and contracts for the research and development centers

assisted under section 405 of the General Education Provisions

Act, as such section was in effect on the day before the date

of enactment of this Act, shall remain in effect until the termination

date of such grants or contracts, as the case may be, except that

such grants and contracts may be extended to implement the provisions of this title.

(b) USE OF FUNDS.—In carrying out subsection (a), the Secretary shall use funds appropriated pursuant to section 912(m)(1).

PART B—NATIONAL EDUCATIONAL RESEARCH

POLICY AND PRIORITIES BOARD

SEC. 921. ESTABLISHMENT WITHIN OFFICE OF EDUCATIONAL

RESEARCH AND IMPROVEMENT.

(a) IN GENERAL.—There is established within the Office a

National Educational Research Policy and Priorities Board.
H. R. 1804—100

(b) FUNCTIONS.—It shall be the responsibility of the Board

to—

(1) work collaboratively with the Assistant Secretary to

determine priorities that should guide the work of the Office

and provide guidance to the Congress in its oversight of the

Office;

(2) review and approve the Research Priorities Plan developed by the Assistant Secretary in collaboration with the Board;

(3) review and approve standards for the conduct and

evaluation of all research, development, and dissemination carried out under the auspices of the Office pursuant to this

title; and

(4) review regularly, evaluate, and publicly comment upon,

the implementation of its recommended priorities and policies

by the Department and the Congress.

(c) ADDITIONAL RESPONSIBILITIES OF THE BOARD.—It shall also

be the responsibility of the Board to—

(1) provide advice and assistance to the Assistant Secretary

in carrying out the coordination activities described in section

912;

(2) make recommendations to the Assistant Secretary of

persons qualified to fulfill the responsibilities of the Director

of each research institute established by section 931 after making special efforts to identify qualified women and minorities

and soliciting and giving due consideration to recommendations

from professional associations and interested members of the

public;

(3) advise and make recommendations to the President

with respect to individuals who are qualified to fulfill the

responsibilities of the Assistant Secretary for the Office;

(4) review and comment upon proposed contract grant,

and cooperative agreement proposals in accordance with section

931(c)(4);

(5) advise the United States on the Federal educational

research and development effort;

(6) recommend ways for strengthening active partnerships

among researchers, educational practitioners, librarians, and

policymakers;

(7) recommend ways to strengthen interaction and

collaboration between the various program offices and components;

(8) solicit advice and information from the educational field,

to define research needs and suggestions for research topics,

and shall involve educational practitioners, particularly teachers, in this process;

(9) solicit advice from practitioners, policymakers, and

researchers, and recommend missions for the national research

centers assisted under this title by identifying topics which

require long-term, sustained, systematic, programmatic, and

integrated research and dissemination efforts;

(10) provide recommendations for translating research findings into workable, adaptable models for use in policy and

in practice across different settings, and recommendations for

other forms of dissemination; and

(11) provide recommendations for creating incentives to

draw talented young people into the field of educational
H. R. 1804—101

research, including scholars from disadvantaged and minority

groups.

(d) STANDING SUBCOMMITTEES.—The Board may establish a

standing subcommittee for each of the Institutes established by

section 931 and for the Office of Reform Assistance and Dissemination established by section 941(b) which shall advise, assist, consult

with and make recommendations to the Assistant Secretary, the

Board, the Director of such entity and the Congress on matters

related to the activities carried out by and through such entities.

(e) POWERS OF THE BOARD.—In carrying out its functions, powers, and responsibilities, the Board—

(1) shall, without regard to the provisions of title 5, United

States Code, relating to the appointment and compensation

of officers or employees of the United States, appoint a director

to be paid at a rate not to exceed the rate of basic pay payable

for level V of the Executive Schedule who shall assist in carrying out and managing the activities of the Board and perform

such other functions the Board determines to be necessary

and appropriate;

(2) shall utilize such additional staff as may be appointed

or assigned by the Assistant Secretary;

(3) may arrange for the detail of staff personnel and utilize

the services and facilities of any department or agency of the

Federal Government;

(4) may enter into contracts, or make other arrangements

as may be necessary to carry out its functions;

(5) shall participate in any public meetings or other activities carried out by the Assistant Secretary in the development

of the Research Priorities Plan;

(6) may review any grant, contract, or cooperative agreement made or entered into by the Office;

(7) may, to the extent otherwise permitted by law, obtain

directly from any department or agency of the United States

such information as the Board deems necessary to carry out

its responsibilities;

(8) may convene workshops and conferences, collect data,

and establish subcommittees which may be composed of members of the Board and nonmember consultants (including

employees of the Department of Education) with expertise in

the particular area addressed by such subcommittees; and

(9) shall establish such rules and procedures to govern

its operations as it considers appropriate, to the extent otherwise permitted by law.

(f) MEMBERSHIP IN GENERAL.—

(1) QUALIFICATIONS.—The members of the Board shall be

individuals who, by virtue of their training, experience, and

background in educational research and the education professions, are exceptionally qualified to appraise the educational

research and development effort of the United States and to

fulfill the responsibilities described in subsections (b) and (c).

(2) BROAD REPRESENTATION.—Due consideration shall be

given to the gender, race, and ethnicity of appointees to assure

that the Board is broadly representative of the diversity of

the United States.

(3) LIMITATION.—A voting member of the Board may not

serve on any other governing or advisory board within the
H. R. 1804—102

Department of Education or as a paid consultant of such

Department.

(4) CONFLICT OF INTEREST.—A voting member of the Board

shall be considered a special Government employee for the

purposes of the Ethics in Government Act of 1978.

(g) SECRETARIAL APPOINTMENTS.—The Board shall consist of

15 members appointed by the Secretary. Of the members of the

Board—

(1) five shall be appointed from among researchers in the

field of education who have been nominated by the National

Academy of Sciences;

(2) five shall be outstanding school-based professional educators; and

(3) five shall be individuals who are knowledgeable about

the educational needs of the United States and may include

parents with experience in promoting parental involvement

in education, Chief State School Officers, local educational

agency superintendents, principals, members of State or local

boards of education or Bureau-funded school boards, and

individuals from business and industry with experience in

promoting private sector involvement in education.

(h) REQUIREMENTS FOR NOMINATIONS BY THE NATIONAL ACADEMY OF SCIENCES.—

(1) IN GENERAL.—In making nominations for the members

of the Board described in subsection (g)(1), the National Academy of Sciences—

(A) shall give due consideration to recommendations

from research and education organizations; (B) may not nominate any individual who is an elected

officer or employee of such organization; and (C) shall nominate not less than 5 individuals for each

of the positions on the Board for which such organization

has responsibility for making nominations.

(2) REQUEST FOR ADDITIONAL NOMINATIONS.—In the event

that the Secretary determines that none of the individuals

nominated by the National Academy of Sciences meets the

qualifications for membership on the Board specified in subsection (g), the Secretary may request that such organization

make additional nominations.

(i) NOMINATIONS FOR BOARD MEMBERSHIP.—Prior to appointing

any member of the Board, the Secretary shall actively solicit and

give due consideration to recommendations from organizations such

as the National Education Association, the American Federation

of Teachers, the National Parent-Teachers Association, the American Library Association, the American Association of School

Administrators, the National Association of State Boards of Education, the National Indian School Board Association, the Association of Community Tribal Schools, the National Indian Education

Association, and other education-related organizations and

interested members of the public.

(j) EX OFFICIO MEMBERS.—The ex officio, nonvoting members

of the Board shall include the Assistant Secretary and may also

include—

(1) the Director of Research for the Department of Defense;

(2) the Director of Research for the Department of Labor;

(3) the Director of the National Science Foundation;

(4) the Director of the National Institutes of Health;
H. R. 1804—103

(5) the chair of the National Endowment for the Arts;

(6) the chair of the National Endowment for the Humanities;

(7) the Librarian of Congress; and

(8) the Director of the Office of Indian Education Programs

of the Department of the Interior.

(k) CHAIR.—The Board shall select a Chair from among its

appointed members who shall serve for a renewable term of 2

years.

(l) TERMS OF OFFICE.—

(1) IN GENERAL.—Except as provided in paragraphs (2)

and (3), the term of office of each voting member of the Board

shall be 6 years.

(2) EXCEPTIONS.—(A) Any individual appointed to fill a

vacancy occurring on the Board prior to the expiration of the

term for which the predecessor of the individual was appointed

shall be appointed for the remainder of the term. A vacancy

shall be filled in the same manner in which the original appointment was made.

(B) The terms of office of the members of the Board who

first take office after the date of the enactment of this title

shall, as designated by a random selection process at the time

of appointment, be as follows:

(i) 3 years for each of 5 members of the Board.

(ii) 4 years for each of 5 members of the Board.

(iii) 6 years for each of 5 members of the Board. (3) PROHIBITION ON CERTAIN CONSECUTIVE TERMS.—An

individual who has been a member of the Board for 12 consecutive years shall thereafter be ineligible for appointment during

the 6-year period beginning on the date of the expiration of

the 12th year.

(4) PROHIBITION REGARDING REMOVAL.—The Secretary shall

neither remove nor encourage the departure of a member of

the Board before the expiration of such member’s term.

(m) MEETINGS OF BOARD.—

(1) INITIAL MEETING.—The Secretary shall ensure that the

first meeting of the Board is held not later than May 15,

1995.

(2) SUBSEQUENT MEETINGS.—The Board shall meet quarterly, at the call of the Chair, and when at least one-third

of the members of the Board make a written request to meet.

(3) QUORUM.—A majority of the Board shall constitute

a quorum.

(4) OPEN MEETINGS.—The Government in the Sunshine

Act (5 U.S.C. 552b) shall apply to meetings of the Board.

PART C—NATIONAL RESEARCH INSTITUTES

SEC. 931. ESTABLISHMENT WITHIN THE OFFICE OF EDUCATIONAL

RESEARCH AND IMPROVEMENT.

(a) ESTABLISHMENT OF INSTITUTES.—In order to fulfill the

research and development purposes of the Office, and to carry

out a program of high-quality and rigorously evaluated research

and development that is capable of improving Federal, State, Indian

tribal, and local education policies and practices, there are established within the Office the following Institutes:
H. R. 1804—104

(1) The National Institute on Student Achievement,

Curriculum, and Assessment.

(2) The National Institute on the Education of At-Risk

Students.

(3) The National Institute on Educational Governance,

Finance, Policy-Making, and Management.

(4) The National Institute on Early Childhood Development

and Education.

(5) The National Institute on Postsecondary Education,

Libraries, and Lifelong Education.

(b) DIRECTORS.—

(1) IN GENERAL.—Each Institute established by subsection

(a) shall be headed by a Director who shall be appointed by

the Assistant Secretary from among individuals who have

significant experience and expertise in the disciplines relevant

to the purposes of such Institute. The Assistant Secretary shall

give due consideration to recommendations made by the Board

of individuals qualified to fill the position.

(2) REPORTING.—Each Director shall report directly to the

Assistant Secretary regarding the activities of the Institute

and shall work with the other directors to promote research

synthesis across the Institutes.

(c) AUTHORITIES AND DUTIES.—

(1) IN GENERAL.—The Assistant Secretary is authorized

to conduct research, development, demonstration, and evaluation activities to carry out the purposes for which such Institute

was established—

(A) directly;

(B) through grants, contracts, and cooperative agreements with institutions of higher education, regional educational laboratories, public and private organizations,

institutions, agencies, and individuals, or a consortium

thereof, which may include— (i) grants to support research and development

centers which are—

(I) awarded competitively for a period of 5

years and which may be renewed for an additional

5 years; (II) of sufficient size, scope, and quality, and

funded at not less than $1,500,000 annually in

order to support a full range of basic research,

applied research and dissemination activities,

which may also include development activities; and (III) established by institutions of higher education, by institutions of higher education in

consortium with public agencies or private nonprofit organizations, or by interstate agencies

established by compact which operate subsidiary

bodies established to conduct postsecondary educational research and development;

(ii) meritorious unsolicited proposals for educational research and related activities;

(iii) proposals that are specifically invited or

requested by the Assistant Secretary, on a competitive

basis; and

(iv) dissertation grants, awarded for a period of

not more than 2 years and in a total amount not
H. R. 1804—105

to exceed $20,000 to graduate students in the sciences,

humanities, and the arts to support research by such

scholars in the field of education;

(C) through the provision of technical assistance;

(D) through the award of fellowships to support graduate study in educational research by qualified AfricanAmerican, Hispanic, American Indian and Alaska Native,

and other individuals from groups which have been

traditionally underrepresented in the field of educational

research which shall—

(i) be awarded on the basis of merit for a period

of 3 years; and

(ii) provide stipends to each fellow in an amount

which shall be set at a level of support comparable

to that provided by the National Science Foundation

Graduate Fellowships, except that such amounts shall

be adjusted as necessary so as not to exceed each

fellow’s demonstrated level of need; and

(E) through the award of fellowships in the Office

for scholars, researchers, policymakers, education

practitioners, librarians, and statisticians engaged in the

use, collection, and dissemination of information about education and educational research which—

(i) shall be awarded following the biennial publication in the Federal Register of proposed research priorities and a period of 60 days for public comments

and suggestions with respect to such priorities;

(ii) shall be awarded competitively following the

publication of a notice in the Federal Register inviting

the submission of applications; and

(iii) may include such stipends and allowances,

including travel and subsistence expenses provided

under title 5, United States Code, as the Assistant

Secretary considers appropriate. (2) SCOPE AND FOCUS OF ACTIVITIES.—In carrying out the

purposes for which each Institute is established, the Assistant

Secretary shall— (A) maintain an appropriate balance between applied

and basic research;

(B) significantly expand the role of field-initiated

research in meeting the education research and development needs of the United States by reserving not less

than 20 percent of the amounts available to each Institute

in fiscal years 1996 and 1997 and 25 percent in fiscal

years 1998 and 1999 to support field-initiated research;

(C) provide for and maintain a stable foundation of

long-term research and development on core issues and

concerns conducted through university-based research and

development centers by reserving not less than one-third

of the amounts available to each Institute in any fiscal

year to support such research and development centers;

(D) support and provide research information that

leads to policy formation by State legislatures, State and

local boards of education, schools funded by the Bureau,

and other policy and governing bodies, to assist such entities in identifying and developing effective policies to promote student achievement and school improvement;
H. R. 1804—106

(E) promote research that is related to the core content

areas;

(F) plan and coordinate syntheses that provide research

knowledge related to each level of the education system

(from preschool to postsecondary education) to increase

understanding of student performance across different educational levels;

(G) conduct and support research in early childhood,

elementary and secondary, vocational, adult and postsecondary education (including the professional development of teachers) to the extent that such research is related

to the purposes for which such Institute has been established;

(H) conduct sustained research and development on

improving the educational achievement of poor and minority individuals as an integral part of its work; and

(I) coordinate the Institute’s activities with the activities of the regional educational laboratories and with other

educational service organizations in designing the

Institute’s research agenda and projects in order to increase

the responsiveness of such Institute to the needs of teachers

and the educational field and to bring research findings

directly into schools to ensure greatest access at the local

level to the latest research developments.

(3) REQUIREMENTS REGARDING FINANCIAL ASSISTANCE.—No

grant, contract, or cooperative agreement may be made under

this title unless—

(A) sufficient notice of the availability of, and opportunity to compete for, assistance has first been provided

to potential applicants through notice published in the

Federal Register or other appropriate means; (B) such grant, contract, or agreement has been evaluated through peer review in accordance with the standards

developed pursuant to section 912(i);

(C) such grant, contract, or agreement will be evaluated

in accordance with the standards developed pursuant to

section 912(i);

(D) in the case of a grant, contract, or cooperative

agreement which exceeds $500,000 for a single fiscal year

or $1,000,000 for more than one fiscal year, the Secretary

has complied with the requirements of paragraph (4); and (E) in the case of a grant, contract, or cooperative

agreement to support a research and development center,

all applications for such assistance have been evaluated

by independent experts according to standards and criteria

which include—

(i) whether applicants have assembled a group

of high quality researchers sufficient to achieve the

mission of the center;

(ii) whether the proposed organizational structure

and arrangements will facilitate achievement of the

mission of the center;

(iii) whether there is a substantial staff commitment to the work of the center;

(iv) whether the directors and support staff will

devote a majority of their time to the activities of

the center;
H. R. 1804—107

(v) review of the contributions of primary researchers (other than researchers at the proposed center)

to evaluate the appropriateness of such primary

researcher’s experiences and expertise in the context

of the proposed center activities, and the adequacy

of such primary researcher’s time commitment to

achievement of the mission of the center; and

(vi) the manner in which the results of education

research will be disseminated for further use, including

how the center will work with the Office of Reform

Assistance and Dissemination.

(4) BOARD REVIEW OF CERTAIN PROPOSED GRANT AND CONTRACT ACTIONS.—The Assistant Secretary may not solicit any

contract bid or issue a request for proposals or applications

for any grant or cooperative agreement the amount of which

exceeds $500,000 in any single fiscal year or which exceeds

an aggregate amount of $1,000,000 for more than one fiscal

year unless the Board has had an opportunity to review such

proposed grant, contract, or cooperative agreement and to provide written comments to the Assistant Secretary with respect

to whether—

(A) the purposes and scope of the proposed action are

consistent with the Research Priorities Plan; and

(B) the methodology and approach of the proposed

action are sound and adequate to achieve the objectives

of such grant, contract, or cooperative agreement.

(5) HISTORICALLY UNDERUTILIZED RESEARCHERS AND

INSTITUTIONS.—The Assistant Secretary shall establish and

maintain initiatives and programs to increase the participation

in the activities of each Institute of groups of researchers and

institutions that have been historically underutilized in Federal

educational research activities, including—

(A) researchers who are women, African-American,

Hispanic, American Indian and Alaska Native, or other

ethnic minorities;

(B) promising young or new researchers in the field,

such as postdoctoral students and recently appointed assistant or associate professors;

(C) Historically Black Colleges and Universities, Tribally Controlled Community Colleges, and other institutions

of higher education with large numbers of minority students;

(D) institutions of higher education located in rural

areas; and

(E) institutions and researchers located in States and

regions of the United States which have historically

received the least Federal support for educational research

and development.

(6) ADDITIONAL AUTHORITIES.—The Assistant Secretary—

(A) may obtain (in accordance with section 3109 of

title 5 but without regard to the limitation in such section

on the period of service) the services of experts or consultants with scientific or professional qualifications in the

disciplines relevant to the purposes of such Institute;

(B) may use, with their consent, the services, equipment, personnel, information, and facilities of other Fed-
H. R. 1804—108

eral, State, or local public agencies, with or without

reimbursement therefore; and

(C) may accept voluntary and uncompensated services.

(d) NATIONAL INSTITUTE ON STUDENT ACHIEVEMENT, CURRICULUM, AND ASSESSMENT.—

(1) FINDINGS.—The Congress finds as follows:

(A) The current achievement levels of students in the

United States are far below those that might indicate competency in challenging subject matter in core content areas.

(B) During the last 20 years, relatively little changed

in how students were taught. Despite much research

suggesting better alternatives, classrooms continue to be

dominated by textbooks, teacher lectures, short-answer

activity sheets, and unequal patterns of student attention.

(C) Despite progress in narrowing the gaps, the differences in performance between Caucasian students and

their minority counterparts remain unacceptably large.

While progress has been made in reducing the gender

gap in mathematics, such gap still remains at higher levels

of problem solving. Too little progress has been made in

reducing gender performance gaps favoring males in science

and females in writing.

(2) PURPOSE.—The purpose of the National Institute on

Student Achievement, Curriculum, and Assessment is to carry

out a coordinated and comprehensive program of research and

development to provide research-based leadership to the United

States as it seeks to improve student achievement in core

content areas and the integration of such areas. Such program

shall—

(A) identify, develop, and evaluate innovative and

exemplary methods to improve student knowledge at all

levels in the core content areas, such as—

(i) student learning and assessment in various subject matters; (ii) the effects of organizational patterns on the

delivery of instruction, including issues of grouping

and tracking, ungraded classrooms, and on the effects

of various pedagogies, including the issues of technology in education; (iii) standards for what students should know and

be able to do, particularly standards of desired performance set to internationally competitive levels; (iv) methods to improve the process of reading,

the craft of writing, the growth of reasoning skills,

and the development of information-finding skills;

(v) enabling students to develop higher order

thinking skills;

(vi) methods to teach effectively all students in

mixed-ability classrooms;

(vii) curriculum, instruction, and assessment, in

vocational education and school-to-work transition;

(viii) the impact and effectiveness of Federal, State,

and local efforts to provide gender-fair educational

opportunities to elementary and secondary students;

(ix) programs, policies, and approaches which promote gender equity in elementary and secondary education;
H. R. 1804—109

(x) improving the working conditions of teachers

and other educational practitioners, which may include

such topics as—

(I) teacher isolation;

(II) professional resources available to teachers;

(III) continuing educational and professional

opportunities available to teachers;

(IV) physical facilities and equipment, such

as office space, telephone, computer access, and

fax machines and television cable access available

to teachers in the work environment;

(V) opportunities for teachers to share

information and resources with other teachers and

education professionals;

(VI) opportunities for advanced learning

experience; and

(VII) the reduction of stress in the teaching

profession;

(xi) curriculum development designed to meet challenging standards, including State efforts to develop

such curriculum;

(xii) the need for, and methods of delivering,

teacher education, development, and inservice training;

(xiii) educational methods and activities to reduce

and prevent violence in schools;

(xiv) the use of technology in learning, teaching

and testing; and (xv) other topics relevant to the mission of the

institute;

(B) conduct basic and applied research in the areas

of human learning, cognition, and performance, including

research and development on the education contexts which

promote excellence in learning and instruction, and motivational issues related to learning; (C) identify, develop, and evaluate programs designed

to enhance academic achievement and narrow racial and

gender performance gaps in a variety of subject areas,

including research and development on methods of involving parents in their children’s education and ways to

involve business, industry and other community partners

in promoting excellence in schools; and (D) include a comprehensive, coordinated program of

research and development in the area of assessment

which—

(i) addresses issues such as—

(I) the validity, reliability, generalizability,

costs, relative merits, and most appropriate uses

of various approaches and methods of assessing

student learning and achievement;

(II) methods and approaches to assessing student opportunities to learn (including the quality

of instruction and the availability of resources necessary to support learning) and evaluating the

quality of school environment;

(III) the impact of high-stakes uses of assessment on student performance and motivation,
H. R. 1804—110

narrowing of curriculum, teaching practices, and

test integrity;

(IV) the impact of various methods of assessment on children of different races, ethnicities,

gender, socioeconomic status, and English language proficiencies, and children with other special

needs;

(V) standards of performance, quality, and

validity for various methods of assessment and

the means by which such standards should be

developed;

(VI) current and emerging testing practices

of State and local education agencies within the

United States, as well as other nations;

(VII) the diverse effects, both intended and

unintended, of assessments as actually used in

the schools, including effects on curriculum and

instruction, effects on equity in the allocation of

resources and opportunities, effects on equity of

outcomes, effects on other procedures and standards for judging students and practitioners and

possible inflation of test scores;

(VIII) identifying and evaluating how students

with limited-English proficiency and students with

disabilities are included and accommodated in the

various assessment programs of State and local

education agencies;

(IX) the feasibility and validity of comparing

or equating the results of different assessments; (X) test security, accountability, validity, reliability, and objectivity; (XI) relevant teacher training and instruction

in giving a test, scoring a test, and in the use

of test results to improve student achievement;

(XII) developing, identifying, or evaluating

new educational assessments, including performance-based and portfolio assessments which demonstrate skill and a command of knowledge; and (XIII) other topics relevant to the purposes

of the Institute; and

(ii) may reflect recommendations made by the

National Education Goals Panel.

(e) NATIONAL INSTITUTE ON THE EDUCATION OF AT-RISK STU- DENTS.—(1) FINDINGS.—The Congress finds as follows:

(A) The rate of decline in our urban schools is escalating at a rapid pace. Student performance in most inner

city schools grows worse each year. At least half of all

students entering ninth grade fail to graduate 4 years

later and many more students from high-poverty backgrounds leave school with skills that are inadequate for

today’s workplace. Student performance in many inner city

neighborhoods grows worse each year. At least half of

all students entering ninth grade fail to graduate in 4

years. In 1992, the average National Assessment of Educational Progress reading score of Caucasian 17 year-olds

was approximately 25 points higher than that of African-
H. R. 1804—111

American 17 year-olds and 20 points higher than that

of Hispanic 17 year-olds.

(B) Rural schools enroll a disproportionately large

share of the poor and at-risk students of the United States

and yet often lack the means to address effectively the

needs of these children. Intensive efforts should be made

to overcome the problems of geographic isolation, declining

population, inadequate financial resources and other

impediments to the educational success of children residing

in rural areas.

(C) By the year 2000, an estimated 3,400,000 school

age children with limited-English proficiency will be entering the school system. The Federal Government should

develop effective policies and programs to address the educational needs of this growing population of children who

are at increased risk of educational failure.

(D) An educational emergency exists in those urban

and rural areas where there are large concentrations of

children who live in poverty. The numbers of disadvantaged

children will substantially increase by the year 2020, when

the number of impoverished children alone will be

16,500,000, a 33 percent increase over the 12,400,000 children in poverty in 1987.

(E) American Indian and Alaska Native students have

high dropout, illiteracy and poverty rates, and experience

cultural, linguistic, social and geographic isolation. The

estimated 400,000 Indian and Alaska Native student population from over 500 Indian and Alaska Native tribes,

is small and scattered throughout remote reservations and

villages in 32 States, and in off-reservation rural and urban

communities where Indians constitute but a small percentage of public school student bodies. To meaningfully

address the special educational needs of this historically

under-served population, the existing research and development system should be opened to Indian and Alaska Native

people to identify needs and design ways to address such

needs.

(F) Minority scholars as well as institutions and groups

that have been historically committed to the improvement

of the education of at-risk students need to be more fully

mobilized in the effort to develop a new generation of

programs, models, practices, and schools capable of

responding to the urgent needs of students who are

educationally at-risk.

(2) PURPOSE.—It shall be the purpose of the Institute on

the Education of At-Risk Students to carry out a coordinated

and comprehensive program of research and development to

provide nonpartisan, research-based leadership to the United

States as it seeks to improve educational opportunities for

at-risk students. Such program shall—

(A) undertake research necessary to provide a sound

basis from which to identify, develop, evaluate, and assist

others to replicate and adapt interventions, programs, and

models which promote greater achievement and educational

success by at-risk students, such as—
H. R. 1804—112

(i) methods of instruction and educational practices

(including community services) which improve the

achievement and retention of at-risk students;

(ii) the quality of educational opportunities

afforded at-risk students, particularly the quality of

educational opportunities afforded such students in

highly concentrated urban areas and sparsely populated rural areas;

(iii) methods for overcoming the barriers to learning that may impede student achievement;

(iv) innovative teacher training and professional

development methods to help at-risk students meet

challenging standards;

(v) methods to improve the quality of the education

of American Indian and Alaska Native students not

only in schools funded by the Bureau, but also in

public elementary and secondary schools located on

or near Indian reservations, including—

(I) research on mechanisms to facilitate the

establishment of tribal departments of education

that assume responsibility for all education programs of State educational agencies operating on

an Indian reservation and all education programs

funded by the Bureau on an Indian reservation;

(II) research on the development of culturally

appropriate curriculum for American Indian and

Alaska Native students, including American

Indian and Alaska Native culture, language, geography, history and social studies, and graduation

requirements related to such curriculum;

(III) research on methods for recruiting, training and retraining qualified teachers from American Indian and Alaska Native communities,

including research to promote flexibility in the criteria for certification of such teachers;

(IV) research on techniques for improving the

educational achievement of American Indian and

Alaska Native students, including methodologies

to reduce dropout rates and increase graduation

by such students; and (V) research concerning the performance by

American Indian and Alaska Native students of

limited-English proficiency on standardized

achievement tests, and related factors;

(vi) means by which parents and community

resources and institutions (including cultural institutions) can be utilized to support and improve the

achievement of at-risk students;

(vii) the training of teachers and other educational

professionals and paraprofessionals to work more effectively with at-risk students;

(viii) the most effective uses of technology in the

education of at-risk students;

(ix) programs designed to promote gender equity

in schools that serve at-risk students;

(x) improving the ability of classroom teachers and

schools to assist new and diverse populations of stu-
H. R. 1804—113

dents in successfully assimilating into the classroom

environment;

(xi) methods of assessing the achievement of students which are sensitive to cultural differences, provide multiple methods of assessing student learning,

support student acquisition of higher order capabilities,

and enable identification of the effects of inequalities

in the resources available to support the learning of

children throughout the United States; and

(xii) other topics relevant to the purpose of the

Institute; and

(B) maximize the participation of those schools and

institutions of higher education that serve the greatest

number of at-risk students in inner city and rural areas,

and on Indian reservations, including model collaborative

programs between schools and school systems, institutions

of higher education, cultural institutions, and community

organizations.

(3) CONSULTATION WITH INDIAN AND ALASKA NATIVE EDUCATORS.—All research and development activities supported by

the Institute which relate to the education of Indian and Alaska

Native students shall be developed in close consultation with

Indian and Alaska Native researchers and educators, Tribally

Controlled Community Colleges, tribal departments of education, and others with expertise in the needs of Indian and

Native Alaska students.

(f) NATIONAL INSTITUTE ON EARLY CHILDHOOD DEVELOPMENT

AND EDUCATION.—

(1) FINDINGS.—The Congress finds as follows:

(A) Despite efforts to expand and improve preschool

programs, many children still reach school age unprepared

to benefit from formal education programs.

(B) Early intervention for disadvantaged children from

birth to age five has been shown to be a highly costeffective strategy for reducing later expenditures on a wide

variety of health, developmental, and educational problems

that often interfere with learning. Long-term studies of

the benefits of preschool education have a demonstrated

return on investment ranging from three to six dollars

for every one dollar spent.

(C) The Federal Government should play a central

role in providing research-based information on early childhood education models which enhance children’s development and ultimately their success in school.

(2) PURPOSE.—The purpose of the National Institute on

Early Childhood Development and Education is to carry out

a comprehensive program of research and development to provide nonpartisan, research-based leadership to the United

States as it seeks to improve early childhood development and

education. Such program shall undertake research necessary

to provide a sound basis from which to identify, develop, evaluate, and assist others to replicate methods and approaches

that promise to improve early childhood development and education, such as—

(A) social and educational development of infants, toddlers, and preschool children;
H. R. 1804—114

(B) the role of parents and the community in promoting

the successful social and educational development of children from birth to age five;

(C) topics relating to children’s readiness to learn, such

as prenatal care, nutrition, and health services;

(D) family literacy and parental involvement in student

learning;

(E) methods for integrating learning in settings other

than the classroom, particularly within families and

communities;

(F) practices and approaches which sustain the benefits

of effective preschool and child care programs;

(G) effective learning methods and curriculum for early

childhood learning, including access to current materials

in libraries;

(H) the importance of family literacy and parental

involvement in student learning;

(I) effective teaching and learning methods, and

curriculum;

(J) instruction that considers the cultural environment

of children;

(K) access to current materials in libraries;

(L) the impact that outside influences have on learning,

including television, and drug and alcohol abuse;

(M) the structure and environment of early childhood

education and child care settings which lead to improved

social and educational development;

(N) training and preparation of teachers and other

professional and paraprofessional preschool and child care

workers;

(O) the use of technology, including methods to help

parents instruct their children; and

(P) other topics relevant to the purpose of the Institute.

(3) CERTAIN REQUIREMENTS.—In carrying out the activities

of the Institute, the Assistant Secretary shall ensure that the

Institute’s research and development program provides

information that can be utilized in improving the major Federal

early childhood education programs.

(g) NATIONAL INSTITUTE ON EDUCATIONAL GOVERNANCE, FINANCE, POLICY-MAKING, AND MANAGEMENT.— (1) FINDINGS.—The Congress finds as follows: (A) Many elementary and secondary schools in the

United States—

(i) are structured according to models that are

ineffective and rely on notions of management and

governance that may be outdated or insufficient for

the challenges of the next century; and

(ii) are unsuccessful in equipping all students with

the knowledge and skills needed to succeed as citizens

and in the working world.

(B) New approaches are needed in the governance and

management of elementary and secondary education within

the United States at the State, local, school building and

classroom level.

(C) Not enough is known about the effects of various

systems of school governance and management on student

achievement to provide sound guidance to policymakers
H. R. 1804—115

as such policymakers pursue school restructuring and

reform.

(D) A concentrated Federal effort is needed to support

research, development, demonstration, and evaluation of

approaches to school governance, finance and management

which promise to improve education equity and excellence

throughout the United States.

(2) PURPOSE.—It shall be the purpose of the National

Institute on Educational Governance, Finance, Policy-Making,

and Management to carry out a coordinated and comprehensive

program of research and development to provide nonpartisan,

research-based leadership to the United States as it seeks

to improve student achievement through school restructuring

and reform. Such program shall undertake research necessary

to provide a sound basis from which to identify, develop and

evaluate approaches in elementary and secondary school

governance, finance, policy-making, and management at the

State, local, tribal, school building and classroom level which

promise to improve educational equity and excellence, such

as—

(A) open enrollment programs, public school choice,

magnet schools and other systems through which parents

may select the public schools and educational programs

in which their children are enrolled;

(B) innovative school design, including lengthening the

school day and the school year, reducing class size and

building professional development into the weekly school

schedule and, as appropriate, conducting such further

research as may be recommended or suggested by the

report issued by the National Education Commission on

Time and Learning pursuant to section 102 of the Education Council Act of 1991 (20 U.S.C. 1221–1 note);

(C) effective approaches to organizing learning;

(D) effective ways of grouping students for learning

so that a student is not labeled or stigmatized in ways

that may impede such student’s achievement; (E) effective approaches to organizing, structuring, and

financing vocational education; (F) the provision of financial and other rewards and

incentives to schools and educators based on performance

to improve student achievement;

(G) the use of regulatory flexibility on the State or

school district level to promote innovation and school

restructuring; (H) policy decisions at all levels and the impact of

such decisions on school achievement and other student

outcomes;

(I) the effective use of dollars for classroom construction;

(J) expanding the role of teachers in policymaking and

administration at the school and school district-wide level;

(K) disparity in school financing among States, school

districts, schools, and schools funded by the Bureau;

(L) the use of technology in areas such as assisting

in school-based management or ameliorating the effects

of disparity in school financing among States, school districts, and schools funded by the Bureau;
H. R. 1804—116

(M) the involvement of parents and families in the

management and governance of schools and the education

of their children;

(N) effective approaches to increasing the representation of women and minorities among leadership and

management positions in education;

(O) approaches to systemic reforms involving the

coordination of multiple policies of each level of government

to promote higher levels of student achievement;

(P) approaches to coordinated services for children;

(Q) teacher certification at the State and tribal levels;

(R) school-based management, shared decisionmaking

and other innovative school structures, and State and local

reforms and educational policies, which show promise for

improving student achievement;

(S) policies related to school-to-work transitions and

preparing non-college-bound students; and

(T) other topics relevant to the mission of the Institute.

(h) NATIONAL INSTITUTE ON POSTSECONDARY EDUCATION,

LIBRARIES, AND LIFELONG LEARNING.—

(1) FINDINGS.—The Congress finds as follows:

(A) The American system of postsecondary education

is foremost in the world in such system’s achievement

of both academic excellence and equity in access, but

maintaining that preeminence requires renewed efforts to

strengthen the quality of postsecondary education. Disappointing student performance on achievement tests and

licensure examinations, declining rates of postsecondary

education persistence and completion among minorities,

and other troubling trends in the quality of postsecondary

education should be addressed by the United States as

part of its overall drive to improve American education.

(B) The need to improve our economic productivity

of the United States to meet the competitive challenges

of a new, international economy, coupled with high levels

of mobility in the United States labor market and demographic changes in the workforce, now demands more and

higher quality programs of learning and training in the

American workplace.

(C) The more than 1,000,000 men and women incarcerated in the prisons and jails in the United States are

among the most severely educationally disadvantaged in

the United States, with high rates of functional illiteracy

and extremely low levels of educational attainment. Since

an estimated 90 percent of these individuals are expected

to be released by the end of the decade, the United States

must act to assure that our correctional system has the

means to equip these Americans with the knowledge and

skills they will need to participate productively in our

society.

(D) The development of a ‘‘Nation of Students’’ capable

of and committed to the pursuit of formal and informal

lifelong learning and literacy is essential to sustain both

national and individual economic success and to provide

a nurturing environment in which all children and youth

can learn and achieve. Historically the most effective
H. R. 1804—117

community resource for lifelong learning, the public library

system of the United States, should expand and restructure

its delivery of services to take full advantage of the potential of new information technologies to meet the needs

of learning communities.

(2) PURPOSE.—The purpose of the National Institute on

Postsecondary Education, Libraries, and Lifelong Learning is

to promote greater coordination of Federal research and development on issues related to adult learning and to carry out

a program of research and development in adult learning to

provide nonpartisan, research-based leadership to the United

States as it seeks to improve libraries, postsecondary education,

literacy, and lifelong learning throughout the United States.

Such program—

(A) shall only support research and development in

those areas of postsecondary education, libraries, literacy,

and lifelong learning which are not being addressed by

other entities within the Federal Government;

(B) may include basic and applied research, development, replication, and evaluation activities in areas such

as—

(i) methods of assessing and evaluating individual,

program, and institutional performance;

(ii) the uses and applications of new technologies

to improve program effectiveness and enhance student

learning;

(iii) the most effective training methods for adults

to upgrade education and vocational skills; (iv) opportunities for adults to continue their education beyond higher education and graduate school,

in the context of lifelong learning and informationfinding skills; (v) adult literacy and effective methods, including

technology, to eliminate illiteracy; (vi) preparing students for a lifetime of work, the

ability to adapt through retraining to the changing

needs of the work force and the ability to learn new

tasks;

(vii) the use of technology to develop and deliver

effective training methods for adults to upgrade their

education and their vocational skills; and

(viii) institutional and classroom policies and practices at the postsecondary level necessary to improve

matriculation, persistence, achievement and graduation by students who are economically disadvantaged,

ethnic and racial minorities, women, older, working,

and who have children;

(ix) instructional practices and programs which

are effective in correctional settings;

(x) new models of service delivery for public library

systems which expand opportunities for lifelong learning;

(xi) effective programs and approaches which promote greater access to and success by minorities in

postsecondary programs which prepare such minorities

for scientific, technical, teaching, and health career

fields;
H. R. 1804—118

(xii) effective teaching for the preparation and

continuing education of teachers;

(xiii) the development and evaluation of curricular

materials for the initial and continuing education of

teachers and teacher educators;

(xiv) the role of Historically Black Colleges and

Universities, Tribally Controlled Indian Community

Colleges, women’s colleges, and other special mission

institutions in providing access, excellence, and equal

opportunity in higher education;

(xv) methods for evaluating the quality of education at different types of institutions of higher education at all levels and the roles and responsibilities

of regional and national accrediting agencies;

(xvi) methods for evaluating the productivity of

different types of institutions of higher education;

(xvii) financial barriers to postsecondary educational opportunity, including—

(I) the role of Federal programs authorized

under title IV of the Higher Education Act of 1965

and State grant and work programs in mitigating

such barriers;

(II) the impact of the rising total cost of postsecondary education on access to higher education;

and

(III) the extent and impact of student reliance

on loans to meet the costs of higher education;

(xviii) opportunities for adults to continue their

education beyond higher education and graduate

school, in the context of lifelong learning and information-finding skills; (xix) preparing students for a lifetime of work,

the ability to adapt through retraining to the changing

needs of the work force and the ability to learn new

tasks; and

(xx) other topics relevant to the mission of the

Institute.

(3) INVOLVEMENT OF CERTAIN AGENCIES AND ORGANIZA- TIONS.—In promoting coordination and collaboration on

research and development on issues related to postsecondary

education, literacy, libraries, and lifelong learning, the Institute

shall, as appropriate, seek the involvement—

(A) within the Department of Education of—

(i) the Office of Library Programs;

(ii) the Office of Correctional Education;

(iii) the Office of Vocational and Adult Education;

(iv) the National Institute on Disability and

Rehabilitation Research; and

(v) the Office of Postsecondary Education;

(B) of the National Institute for Literacy;

(C) of the National Board for Professional Teaching

Standards;

(D) of the Employment and Training Administration

of the Department of Labor;

(E) of the Administration for Children and Families

within the Department of Health and Human Services;

(F) of the National Institutes of Health;
H. R. 1804—119

(G) of the National Endowment for the Humanities;

(H) of the National Endowment for the Arts;

(I) of the Bureau of Prisons of the Department of

Justice;

(J) of the Department of Commerce;

(K) of the Department of Defense; and

(L) of the Office of Indian Education Programs of the Department of the Interior.

(4) ADDITIONAL RESPONSIBILITIES.—In addition to the

responsibilities described in paragraph (2), the Assistant Secretary shall ensure that the activities of the National Center

on Literacy are fully coordinated with those of the National

Institute for Literacy.

(i) COORDINATION AND RESEARCH SYNTHESIS.—The Assistant

Secretary shall promote and provide for research syntheses and

the coordination of research and development activities among the

Institutes established by this section to investigate those crosscutting disciplines and areas of inquiry which are relevant to the

missions of more than one of the Institutes. Such activities—

(1) may be carried out jointly by any one of the Institutes and—

(A) one (or more) of the Institutes;

(B) the National Center for Education Statistics; or

(C) any research and development entity administered by other offices of the Department of Education or by

any other Federal agency or department; and

(2) shall meet all the standards developed by the Assistant Secretary and approved by the Board for other research and

development conducted by the Office.

(j) DATES FOR ESTABLISHMENT OF INSTITUTES.—The National

Institute on the Education of At-Risk Students, the National

Institute on Educational Governance, Finance, Policy-Making, and

Management, the National Institute on Early Childhood Development and Education, the National Institute on Student Achievement, Curriculum, and Assessment and the National Institute on

Postsecondary Education, Libraries, and Lifelong Learning shall

each be established on October 1, 1995.

PART D—NATIONAL EDUCATION

DISSEMINATION SYSTEM

SEC. 941. ESTABLISHMENT WITHIN OFFICE OF EDUCATIONAL

RESEARCH AND IMPROVEMENT.

(a) IN GENERAL.— (1) FINDINGS.—The Congress finds as follows: (A) In order to improve the American educational sys- tem for all students, achieve the National Education Goals,

and provide for greater educational equity, policymakers,

administrators, teachers, and parents must have ready

access to the best information and methods available as

a result of educational research and development.

(B) The Office of Educational Research and Improvement should have as one of its primary purposes the

dissemination of such information and methods in order

to assist the national education reform effort.

(C) All current resources within the Office, the Department of Education, and other agencies that can help accom-
H. R. 1804—120

plish the purposes described in subparagraph (B) should

be coordinated by the Assistant Secretary, to the extent

practicable, so as to form a systematic process to accomplish

such purposes.

(D) Education research has the capacity to improve

teaching and learning in our Nation’s schools, however,

teachers need training in the skills necessary to translate

research into practice and to allow teachers to become

knowledgeable practitioners and leaders in educational

improvement.

(E) Adequate linkages between research and development providers and practitioners are essential to ensuring

that research on effective practice is useful, disseminated

to and supported with technical assistance for all educators,

and that all educators are partners in the research and

development process.

(2) PURPOSE.—The purpose of this section is to—

(A) create a national system of dissemination, development, and educational improvement in order to create,

adapt, identify, validate, and disseminate to educators, parents, and policymakers those educational programs that

have potential or have been shown to improve educational

opportunities for all students; and

(B) empower and increase the capacity of teachers

to participate in the research and development process.

(3) DEFINITION OF EDUCATIONAL PROGRAM.—For the purposes of this section, the term ‘‘educational program’’ includes

educational policies, research findings, practices, and products.

(b) ESTABLISHMENT OF OFFICE.—

(1) IN GENERAL.—There is established within the Office

an Office of Reform Assistance and Dissemination (hereafter

in this section referred to as the ‘‘Dissemination Office’’) through

which the Secretary shall carry out all functions and activities

described in this section. Such office shall be headed by a

Director who shall be appointed by the Assistant Secretary

and have demonstrated expertise and experience in dissemination, including promoting the effective use of research in the

classroom.

(2) CERTAIN DUTIES.—The Dissemination Office shall—

(A) disseminate relevant and useful research, information, products, and publications developed through or

supported by the Department of Education to schools, educators, parents, and policymakers throughout the United

States;

(B) operate a depository for all Department of Education publications and products and make available for

reproduction such publications and products;

(C) provide technical and financial assistance to

individuals and organizations in the process of developing

promising educational programs but who might not, without such assistance, be able to complete necessary development and assessment activities;

(D) coordinate the dissemination efforts of the Office,

the regional educational laboratories, the research

institutes, the National Diffusion Network, and the Educational Resources Information Center Clearinghouses;
H. R. 1804—121

(E) provide training and technical assistance regarding

the implementation and adoption of exemplary and promising programs by interested entities;

(F) carry out a program of research on models for

successful knowledge dissemination, and utilization, and

strategies for reaching education policymakers, practitioners, and others interested in education;

(G) develop the capacity to connect schools and teachers

seeking information with the relevant regional educational

laboratories assisted under subsection (h), the National

Diffusion Network, the Institutes assisted under this section, and the Educational Resources Information Center

Clearinghouses; and

(H) provide a biennial report to the Secretary regarding

the types of information, products, and services that teachers, schools, and school districts have requested and have

determined to be most useful, and describe future plans

to adapt Department of Education products and services

to address the needs of the users of such information,

products, and services.

(3) ADDITIONAL DUTIES.—The Dissemination Office shall

carry out a process for the identification of educational programs that work, dissemination through electronic networking

and new technologies and the functions and activities performed

by the following:

(A) The Educational Resources Information Center

Clearinghouses.

(B) The regional educational laboratories.

(C) The Teacher Research Dissemination Demonstration Program.

(D) The Goals 2000 Community Partnerships Program.

(E) The existing National Diffusion Network and its

Developer-Demonstrator and State Facilitator projects.

(F) Such other programs, activities, or entities the

Secretary determines are consistent with purposes for

which the Dissemination Office is established.

(c) IDENTIFICATION OF PROGRAMS.—The Assistant Secretary

shall coordinate a process through which successful educational

programs are actively sought out for possible dissemination through

the national educational dissemination system. Such process shall,

at a minimum, have the capability to—

(1) work closely with the Institutes, research and development centers, regional educational laboratories, the National

Diffusion Network and its Developer-Demonstrator and State

Facilitator projects, learning grant institutions established

under the Goals 2000 Community Partnerships Program,

Department of Education-supported technical assistance providers, and other entities to identify successful educational programs at the regional, State, local, or classroom level;

(2) review successful educational programs supported by

the Department of Education through all of its programs;

(3) through cooperative agreements, review for possible

inclusion in the system educational programs administered by

the Departments of Health and Human Services (particularly

the Head Start program), Labor, and Defense, the National

Science Foundation, the Department of the Interior (particu-
H. R. 1804—122

larly the Office of Indian Education Programs), and any other

appropriate Federal agency; and

(4) provide for an active outreach effort to identify successful educational programs through cooperative arrangements

with State and local education agencies, teachers and teacher

organizations, curriculum associations, foundations, private

schools, institutions of higher education, and other entities

that could enhance the ability of the Secretary to identify

programs for possible inclusion in the dissemination system.

(d) DESIGNATION OF EXEMPLARY AND PROMISING PROGRAMS.—

(1) IN GENERAL.—The Assistant Secretary, in consultation

with the Board, shall establish 1 or more panels of appropriately

qualified experts and practitioners to—

(A) evaluate educational programs that have been

identified by the Secretary under subsection (c) or that

have been submitted to the Secretary for such evaluation

by some other individual or organization; and

(B) recommend to the Secretary programs that should

be designated as exemplary or promising educational programs.

(2) CONSIDERATIONS IN MAKING RECOMMENDATIONS.—In

determining whether an educational program should receive

a recommendation under paragraph (1), a panel established

under such paragraph shall consider—

(A) whether, based on empirical data, which may

include test results, the program is effective and should

be designated as exemplary and disseminated through the

national dissemination system; or (B) whether there is sufficient evidence to lead a panel

of experts and practitioners to believe that the program

shows promise for improving student achievement and

should be designated as promising and disseminated

through the national dissemination system while the program continues to be evaluated.

(3) REQUIREMENT REGARDING APPROVAL OF PROGRAMS.— In seeking out programs for approval under paragraph (2),

the Assistant Secretary shall seek programs that may be implemented at the State, local, and classroom level.

(4) REQUIREMENTS REGARDING PANELS.— (A) A panel shall not eliminate a program from consideration under this subsection based solely on the fact that

the program does not have one specific type of supporting

data, such as test scores.

(B) The Assistant Secretary may not designate a program as exemplary or promising unless a panel established

under paragraph (1) has recommended that the program

be so designated.

(C) The Secretary shall establish such panels under

paragraph (1) as may be necessary to ensure that each

program identified or submitted for evaluation is evaluated.

(D) Not less than 2⁄3 of the membership of a panel

established under paragraph (1) shall consist of individuals

who are not officers or employees of the United States.

Members of panels under paragraph (1) who are not

employees of the United States shall receive compensation

for each day they are engaged in carrying out the duties

of the panel as well as compensation for their expenses.
H. R. 1804—123

(e) DISSEMINATION OF EXEMPLARY AND PROMISING PROGRAMS.—

In order to ensure that programs identified as exemplary or promising are available for adoption by the greatest number of teachers,

schools, local and State education agencies, and Bureau-funded

schools, the Assistant Secretary shall utilize the capabilities of—

(1) the Educational Resources Information Center Clearinghouses;

(2) electronic networking;

(3) the regional educational laboratories;

(4) the National Diffusion Network;

(5) entities established under the Goals 2000 Community

Partnerships Program;

(6) department-supported technical assistance providers;

(7) the National Library of Education; and

(8) other public and private nonprofit entities, including

existing education associations and networks, that have the

capability to assist educators in adopting exemplary and

promising programs.

(f) EDUCATIONAL RESOURCES INFORMATION CENTER CLEARINGHOUSES.—

(1) IN GENERAL.—The Assistant Secretary shall establish

a system of 16 clearinghouses having, at a minimum, the functions and scope of work as the clearinghouses had on the

day preceding the date of the enactment of this title. The

Assistant Secretary shall establish for the clearinghouses a

policy for the abstraction from, and inclusion in, the Educational Resources Information Center Clearinghouses system

for books, periodicals, reports, and other materials related to

education.

(2) ADDITIONAL FUNCTIONS.—In addition to those functions

carried out by the clearinghouses on the day preceding the

date of the enactment of this title, such clearinghouses may— (A) periodically produce interpretive summaries,

digests, and syntheses of the results and findings of education-related research and development; and

(B) contain and make available to users information

concerning those programs designated as exemplary and

promising under subsection (d).

(3) COORDINATION OF ACTIVITIES.—The Assistant Secretary

shall assure that the functions and activities of such clearinghouses are coordinated with the activities of the Institutes,

the regional educational laboratories, learning grant institutions, other clearinghouses supported by the Department of

Education, the National Diffusion Network, and other appropriate entities within the Office and such Department.

(4) SPECIAL RESPONSIBILITIES OF THE SECRETARY.—To

assure that the information provided through such clearinghouses is fully comprehensive, the Secretary shall—

(A) require that all reports, studies, and other

resources produced directly or by grant or contract with

the Department of Education are made available to

clearinghouses;

(B) establish cooperative agreements with the Departments of Defense, Health and Human Services, Interior,

and other Federal departments and agencies to assure

that all education-related reports, studies, and other

resources produced directly or by grant from or contract
H. R. 1804—124

with the Federal Government are made available to such

clearinghouses; and

(C) devise an effective system for maximizing the

identification, synthesis, and dissemination of information

related to the needs of Indian and Alaska Native children.

(5) COPYRIGHT PROHIBITED.—

(A) No clearinghouse or other entity receiving assistance under this subsection may copyright or otherwise

charge a royalty or other fee that—

(i) is for the use or redissemination of any

database, index, abstract, report, or other information

produced with assistance under this subsection; and

(ii) exceeds the incremental cost of disseminating

such information.

(B) For purposes of subparagraph (A), the incremental

cost of dissemination does not include any portion of the

cost of collecting, organizing, or processing the information

which is disseminated.

(g) DISSEMINATION THROUGH NEW TECHNOLOGIES.—

(1) IN GENERAL.—The Assistant Secretary is authorized

to award grants or contracts in accordance with this subsection

to support the development of materials, programs, and

resources which utilize new technologies and techniques to

synthesize and disseminate research and development findings

and other information which can be used to support educational

improvement.

(2) ELECTRONIC NETWORKING.—

(A) ELECTRONIC NETWORK.—The Assistant Secretary,

acting through the Office of Reform Assistance and

Dissemination, shall establish and maintain an electronic

network which shall, at a minimum, link—

(i) each office of the Department of Education;

(ii) the Institutes established by section 931;

(iii) the National Center for Education Statistics;

(iv) the National Library of Education; and

(v) entities engaged in research, development,

dissemination, and technical assistance under grant

from, or contract, or cooperative agreement with, the

Department of Education.

(B) CERTAIN REQUIREMENTS FOR NETWORK.—The network described in subparagraph (A) shall—

(i) to the extent feasible, build upon existing

national, regional, and State electronic networks and

support video, telecomputing, and interactive communications;

(ii) at a minimum, have the capability to support

electronic mail and file transfer services;

(iii) be linked to and accessible to other users,

including State and local education agencies, institutions of higher education, museums, libraries, and others through the Internet and the National Research

and Education Network; and

(iv) be provided at no cost (excluding the costs

of necessary hardware) to the contractors and grantees

described in clause (v) of subparagraph (A) and to

educational institutions accessing such network
H. R. 1804—125

through the Internet and the National Research and

Education Network.

(C) INFORMATION RESOURCES.—The Assistant Secretary, acting through the Office of Reform Assistance and

Dissemination, may make available through the network

described in subparagraph (A)—

(i) information about grant and contract assistance

available through the Department of Education;

(ii) an annotated directory of current research and

development activities and projects being undertaken

with the assistance of the Department of Education;

(iii) information about publications published by

the Department of Education and, to the extent feasible, the full text of such publications;

(iv) statistics and data published by the National

Center for Education Statistics;

(v) syntheses of research and development

findings;

(vi) a directory of other education-related electronic

networks and databases, including information about

the means by which such networks and databases may

be accessed;

(vii) a descriptive listing of materials and courses

of instruction provided by telecommunications partnerships assisted under the Star Schools program;

(viii) resources developed by the Educational

Resources Information Center Clearinghouses;

(ix) education-related software (including video)

which is in the public domain;

(x) a listing of instructional materials available

through telecommunications to local education agencies

through the Public Broadcasting Service and State educational television networks; and

(xi) such other information and resources the

Assistant Secretary considers useful and appropriate.

(D) EVALUATIONS REGARDING OTHER FUNCTIONS OF

NETWORK.—The Assistant Secretary shall also undertake

projects to test and evaluate the feasibility of using the

network described in subparagraph (A) for— (i) the submission of applications for assistance

to the Department of Education; and

(ii) the collection of data and other statistics

through the National Center for Education Statistics.

(E) TRAINING AND TECHNICAL ASSISTANCE.—The Assistant Secretary, acting through the Office of Reform Assistance and Dissemination, shall—

(i) provide such training and technical assistance

as may be necessary to enable the contractors and

grantees described in clause (v) of subparagraph (A)

to participate in the electronic network described in

such subparagraph; and

(ii) work with the National Science Foundation

to provide, upon request, assistance to State and local

educational agencies, the Department of the Interior’s

Office of Indian Education Programs, tribal departments of education, State library agencies, libraries,

museums, and other educational institutions in obtain-
H. R. 1804—126

ing access to the Internet and the National Research

and Education Network.

(h) REGIONAL EDUCATIONAL LABORATORIES FOR RESEARCH,

DEVELOPMENT, DISSEMINATION, AND TECHNICAL ASSISTANCE.—

(1) REGIONAL EDUCATIONAL LABORATORIES.—The Assistant

Secretary shall enter into contracts with public or private nonprofit entities to establish a networked system of not less than

10 and not more than 12 regional educational laboratories

which serve the needs of each region of the United States

in accordance with the provisions of this subsection. The

amount of assistance allocated to each laboratory by the Assistant Secretary shall reflect the number of local educational

agencies and the number of school-age children within the

region served by such laboratory, as well as the cost of providing

services within the geographic area encompassed by the region.

(2) REGIONS.—The regions served by the regional educational laboratories shall be the 10 geographic regions in existence on the day preceding the date of the enactment of this

title, except that in fiscal year 1996, the Assistant Secretary

may support not more than 2 additional regional educational

laboratories serving regions not in existence on the day preceding the date of enactment of this Act, provided that—

(A) the amount appropriated for the regional educational laboratories in fiscal year 1996 exceeds the amount

appropriated for the regional educational laboratories in

fiscal year 1995 by not less than $2,000,000;

(B) each such additional regional laboratory shall be

supported by not less than $2,000,000 annually;

(C) the creation of any such additional laboratory

region is announced at the time of the announcement of

the competition for contracts for all regional educational

laboratories;

(D) the creation of a regional educational laboratory

that involves the combination or subdivision of a region

or regions in existence on the day preceding the date of

enactment of this Act in which States in 1 such region

are combined with States in another such region does not

result in any region in existence on such date permanently

becoming part of a larger region, nor result in any such

region permanently subsuming another region, nor creates

within the continental United States a region that is

smaller than 4 contiguous States, nor partitions a region

in existence on the day preceding the date of the enactment

of this Act to include less than 4 contiguous States included

in the region on the day preceding the date of enactment

of this Act;

(E) the Assistant Secretary has published a notice in

the Federal Register inviting the public, for a period of

not less than 60 days, to make recommendations with

respect to the creation of 1 or 2 additional regional educational laboratories;

(F) the Assistant Secretary has solicited and received

letters of support for the creation of any new region from

the Chief State School Officers and State boards of education in each of the contiguous States that would be

included in such new region.
H. R. 1804—127

(3) DUTIES.—Each regional educational laboratory receiving

assistance under this section shall promote the implementation

of broad-based systemic school improvement strategies and

shall have as such laboratory’s central mission and primary

function to—

(A) develop and disseminate educational research products and processes to schools, teachers, local educational

agencies, State educational agencies, librarians, and schools

funded by the Bureau, as appropriate, and through such

development and dissemination, and provide technical

assistance, to help all students meet standards;

(B) develop a plan for identifying and serving the needs

of the region by conducting a continuing survey of the

educational needs, strengths, and weaknesses within the

region, including a process of open hearings to solicit the

views of schools, teachers, administrators, parents, local

educational agencies, librarians, and State educational

agencies within the region;

(C) provide technical assistance to State and local educational agencies, school boards, schools funded by the

Bureau, as appropriate, State boards of education, schools,

and librarians;

(D) facilitate school restructuring at the individual

school level, including technical assistance for adapting

model demonstration grant programs to each school;

(E) serve the educational development needs of the

region by providing education research in usable forms

in order to promote school improvement and academic

achievement and to correct educational deficiencies;

(F) facilitate communication between educational

experts, school officials, and teachers, parents, and librarians, to enable such individuals to assist schools to develop

a plan to meet the National Education Goals;

(G) provide training in—

(i) the field of education research and related

areas;

(ii) the use of new educational methods; and

(iii) the use of information-finding methods, practices, techniques, and products developed in connection

with such training for which the regional educational

laboratory may support internships and fellowships

and provide stipends;

(H) use applied educational research to assist in solving

site-specific problems and to assist in development activities;

(I) conduct applied research projects designed to serve

the particular needs of the region only in the event that

such quality applied research does not exist as determined

by the regional education laboratory or the Department

of Education;

(J) collaborate and coordinate services with other technical assistance providers funded by the Department of

Education;

(K) provide support and technical assistance in—

(i) replicating and adapting exemplary and promising practices;
H. R. 1804—128

(ii) the development of high-quality, challenging

curriculum frameworks;

(iii) the development of valid, reliable assessments

which are linked to State, local, or Bureau-funded content and student performance standards and reflect

recent advances in the field of educational assessment;

(iv) the improvement of professional development

strategies to assure that all teachers are prepared

to teach a challenging curriculum;

(v) expanding and improving the use of technology

in education to improve teaching and learning;

(vi) the development of alternatives for restructuring school finance systems to promote greater equity

in the distribution of resources; and

(vii) the development of alternative administrative

structures which are more conducive to planning,

implementing, and sustaining school reform and

improved educational outcomes; and

(L) bring teams of experts together to develop and

implement school improvement plans and strategies.

(4) NETWORKING.—In order to improve the efficiency and

effectiveness of the regional laboratories, the governing boards

of the regional laboratories shall establish and maintain a

network to—

(A) share information about the activities each laboratory is carrying out;

(B) plan joint activities that would meet the needs

of multiple regions; (C) create a strategic plan for the development of activities undertaken by the laboratories to reduce redundancy

and increase collaboration and resource-sharing in such

activities; and

(D) otherwise devise means by which the work of the

individual laboratories could serve national, as well as

regional, needs.

(5) ADDITIONAL DUTIES.—Each regional education laboratory receiving assistance under this subsection shall carry out

the following activities: (A) Collaborate with the Institutes established under

section 931 in order to—

(i) maximize the use of research conducted through

the Institutes in the work of such laboratory; (ii) keep the Institutes apprised of the work of

the regional educational laboratory in the field; and (iii) inform the Institutes about additional research

needs identified in the field.

(B) Consult with the State educational agencies and

library agencies in the region in developing the plan for

serving the region.

(C) Develop strategies to utilize schools as critical

components in reforming education and revitalizing rural

communities in the United States.

(D) Report and disseminate information on overcoming

the obstacles faced by rural educators and rural schools.

(E) Identify successful educational programs that have

either been developed by such laboratory in carrying out

such laboratory’s functions or that have been developed
H. R. 1804—129

or used by others within the region served by the laboratory

and make such information available to the Secretary and

the network of regional laboratories so that such programs

may be considered for inclusion in the national education

dissemination system.

(6) CERTAIN REQUIREMENTS.—In carrying out its responsibilities, each regional educational laboratory shall—

(A) establish a governing board that—

(i) reflects a balanced representation of the States

in the region, as well as the interests and concerns

of regional constituencies, and that includes teachers

and education researchers;

(ii) is the sole entity that—

(I) guides and directs the laboratory in carrying out the provisions of this subsection and

satisfying the terms and conditions of the contract

award;

(II) determines the regional agenda of the laboratory;

(III) engages in an ongoing dialogue with the

Assistant Secretary concerning the laboratory’s

goals, activities, and priorities; and

(IV) determines at the start of the contract

period, subject to the requirements of this section

and in consultation with the Assistant Secretary,

the mission of the regional educational laboratory

for the duration of the contract period;

(iii) ensures that the regional educational laboratory attains and maintains a high level of quality in

the laboratory’s work and products; (iv) establishes standards to ensure that the

regional educational laboratory has strong and effective

governance, organization, management, and administration, and employs qualified staff; (v) directs the regional educational laboratory to

carry out the laboratory’s duties in a manner as will

make progress toward achieving the National Education Goals and reforming schools and educational

systems; and (vi) conducts a continuing survey of the educational

needs, strengths, and weaknesses within the region,

including a process of open hearings to solicit the views

of schools and teachers.

(B) Comply with the standards developed by the Assistant Secretary and approved by the Board under section

912.

(C) Coordinate its activities, collaborate, and regularly

exchange information with the Institutes established under

section 941, the National Diffusion Network, and its Developer-Demonstrator and State Facilitator projects, learning

grant institutions and district education agents assisted

under subsection (i), the Educational Resources Information

Center Clearinghouses, and other entities engaged in technical assistance and dissemination activities which are supported by other offices of the Department of Education.

(D) Allocate the regional educational laboratory’s

resources to and within each State in a manner which
H. R. 1804—130

reflects the need for assistance, taking into account such

factors as the proportion of economically disadvantaged

students, the increased cost burden of service delivery in

areas of sparse populations, and any special initiatives

being undertaken by State, intermediate, local educational

agencies, or Bureau-funded schools, as appropriate, which

may require special assistance from the laboratory.

(7) EVALUATIONS.—The Assistant Secretary shall provide

for independent evaluations of each of the regional educational

laboratories in carrying out the duties described in paragraph

(1) in the third year that such laboratory receives assistance

under this subsection in accordance with the standards developed by the Assistant Secretary and approved by the Board

and shall transmit the results of such evaluations to the relevant committees of the Congress, the Board, and the appropriate regional educational laboratory board.

(8) INVITATION REGARDING COMPETITION FOR AWARDS OF

ASSISTANCE.—Prior to awarding a grant or entering into a

contract under this section, the Secretary shall invite

applicants, including the regional educational laboratories in

existence on the day preceding the date of enactment of this

Act, to compete for such award through notice in the Federal

Register and in the publication of the Department of Commerce

known as the Commerce Business Daily.

(9) APPLICATION FOR ASSISTANCE.—Each application for

assistance under this subsection shall—

(A) cover not less than a 5-year period;

(B) describe how the applicant would carry out the

activities required by this subsection; and

(C) contain such additional information as the Secretary may reasonably require.

(10) RULE OF CONSTRUCTION.—No regional educational laboratory receiving assistance under this subsection shall, by

reason of the receipt of that assistance, be ineligible to receive

any other assistance from the Department of Education as

authorized by law or be prohibited from engaging in activities

involving international projects or endeavors.

(11) ADVANCE PAYMENT SYSTEM.—Each regional educational laboratory shall participate in the advance payment

system at the Department of Education.

(12) ADDITIONAL PROJECTS.—In addition to activities

described in paragraph (3), the Assistant Secretary, from

amounts appropriated pursuant to subsection (h), is authorized

to enter into agreements with a regional educational laboratory

for the purpose of carrying out additional projects to enable

such regional educational laboratory to assist in efforts to

achieve the National Education Goals and for other purposes.

(13) PLAN.—Not later than July 1 of each year, each

regional educational laboratory shall submit to the Assistant

Secretary a plan covering the succeeding fiscal year, in which

such laboratory’s mission, activities, and scope of work are

described, including a general description of—

(A) the plans such laboratory expects to submit in

the remaining years of such laboratory’s contract; and

(B) an assessment of how well such laboratory is meeting the needs of the region.
H. R. 1804—131

(14) CONSTRUCTION.—Nothing in this subsection shall be

construed to require any modifications in the regional educational laboratory contracts in effect on the day preceding

the date of enactment of this title.

(i) GOALS 2000 COMMUNITY PARTNERSHIPS PROGRAM.—

(1) PURPOSE.—The purpose of the Goals 2000 Community

Partnerships program is to improve the quality of learning

and teaching in the most impoverished urban and rural communities of the United States by supporting sustained collaborations between universities, schools, businesses, and communities which apply and utilize the results of educational

research and development.

(2) GRANTS FOR GOALS 2000 COMMUNITY PARTNERSHIPS.—

The Assistant Secretary is authorized to make grants to eligible

entities to support the establishment of Learning Grant Institutions and District Education Agents and the activities authorized under this subsection within eligible communities.

(3) DEFINITION OF ELIGIBLE ENTITY AND ELIGIBLE COMMUNITY.—For the purposes of this subsection:

(A) The term ‘‘eligible entity’’ includes any institution

of higher education, regional educational laboratory,

National Diffusion Network project, national research and

development center, public or private nonprofit corporation,

or any consortium thereof, that—

(i) has demonstrated experience, expertise and

commitment in serving the educational needs of atrisk students; and

(ii) is, by virtue of its previous activities,

knowledgeable about the unique needs and characteristics of the community to be served.

(B) The term ‘‘eligible community’’ means a unit of

general purpose local government (such as a city, township,

or village), a nonmetropolitan county, tribal village, or a

geographically distinct area (such as a school district, school

attendance area, ward, precinct or neighborhood), or any

group of such entities that—

(i) has a population of not less than 200,000 and

not more than 300,000; and

(ii) in which not less than one-half of the schoolage children have family incomes which are below

the poverty line, as determined by the 1990 United

States Census, participation in the National School

Lunch program, or other current, reliable data concerning family income.

(4) GOALS 2000 COMMUNITY PARTNERSHIPS.—Each learning

grant institution receiving assistance under this subsection

shall establish a Goals 2000 community partnership to carry

out the activities authorized under this subsection. Such

partnership—

(A) shall include the participation of one or more local

educational agencies, institutions of higher education,

community-based organizations, parents, teachers, and the

business community;

(B) may include the participation of human, social

service and health care agencies, Head Start and child

care agencies, libraries, museums, employment and train-
H. R. 1804—132

ing agencies, and the State educational agency or tribal

department of education; and

(C) shall be broadly representative of all segments

of the community in which the activities will be carried

out.

(5) COMPREHENSIVE GOALS 2000 PLAN.—Each Goals 2000

Community Partnership shall develop a comprehensive plan

for assuring educational success and high achievement for all

students in the community. Each such plan shall—

(A) adopt the National Education Goals;

(B) identify additional needs and goals for educational

improvement within the community;

(C) focus on helping all students reach challenging

content and student performance standards;

(D) be consistent with the State and local improvement

plans for system-wide education improvement developed

pursuant to title III;

(E) establish a comprehensive community-wide plan

for achieving such goals; and

(F) develop a means for measuring the progress of

the community in meeting such goals for improvement.

(6) IMPLEMENTATION OF COMMUNITY-WIDE PLAN.—Each

Goals 2000 Community Partnership shall, utilizing the District

Education Agent, provide assistance in implementing the

community-wide plan for educational improvement by—

(A) supporting innovation, restructuring, and continuous improvement in educational practice by—

(i) disseminating information throughout the

community about exemplary and promising educational

programs, practices, products, and policies; (ii) evaluating the effectiveness of federally funded

educational programs within the community and

identifying changes in such programs which are likely

to improve student achievement;

(iii) identifying, selecting and replicating exemplary and promising educational programs, practices,

products, and policies in both in- and out-of-school

settings; (iv) applying educational research to solve specific

problems in the classroom, home and community which

impede learning and student achievement; and (v) supporting research and development by teachers, school administrators, and other practitioners

which promise to improve teaching and learning and

the organization of schools;

(B) improving the capacity of educators, school

administrators, child care providers and other practitioners

to prepare all students to reach challenging standards and

to attain the goals set out in the comprehensive communitywide plan through such means as—

(i) the training of prospective and novice teachers

(including preschool and early childhood educators) in

a school setting under the guidance of master teachers

and teacher educators;

(ii) training and other activities to promote the

continued learning and professional development of

experienced teachers, related services personnel, school
H. R. 1804—133

administrators to assure that such teachers develop

the subject matter and pedagogical expertise needed

to prepare all students to reach challenging standards;

(iii) training and other activities to increase the

ability of prospective, novice, and experienced teachers

to teach effectively at-risk students, students with

disabilities, students with limited-English proficiency,

and students from diverse cultural backgrounds; and

(iv) programs to enhance teaching and classroom

management skills, including school-based management skills, of novice, prospective, and experienced

teachers;

(C) promoting the development of an integrated system

of service delivery to children from birth through age 18

and their families by facilitating linkages and cooperation

among—

(i) local educational agencies;

(ii) health and social services agencies and providers;

(iii) juvenile justice and criminal justice agencies;

(iv) providers of employment training; and

(v) child care, Head Start, and other early childhood agencies; and

(D) mobilizing the resources of the community in support of student learning and high achievement by facilitating effective partnerships and collaboration among—

(i) local educational agencies;

(ii) postsecondary educational institutions;

(iii) public libraries;

(iv) parents;

(v) community-based organizations, neighborhood

associations, and other civic and community organizations;

(vi) child care, Head Start, and other early childhood agencies; (vii) churches, synagogues and other religious

institutions;

(viii) labor organizations; and

(ix) business and industry. (7) ADDITIONAL REQUIREMENTS.—In carrying out its responsibilities under this subsection, each partnership receiving

assistance under this subsection shall—

(A) appoint a District Education Agent who shall be

responsible, on a full-time basis, for directing the

implementation of the community-wide plan, who shall

have significant experience and expertise in the field of

education in—

(i) addressing the needs of at-risk students; and

(ii) conducting educational research and promoting

the application of the results of such research to educational practice;

(B) provide for such other professional and support

personnel as may be necessary to implement the community-wide plan under the direction of the District Education

Agent; and

(C) coordinate the partnership’s activities and work

cooperatively with the National Diffusion Network State
H. R. 1804—134

facilitators, regional educational laboratories, and other

components of the Office to utilize most effectively Federal

research, development, and dissemination resources in

implementing the community-wide plan.

(8) APPLICATION FOR GRANTS.—Any eligible entity desiring

a grant under this subsection shall submit an application to

the Assistant Secretary at such time, in such manner, and

accompanied by such information as the Assistant Secretary

may reasonably require. Each such application shall—

(A) include a comprehensive plan for meeting the objectives and requirements of this subsection; and

(B) provide evidence of support for the application from

local elected officials, the State educational agency, the

local educational agency, parents, local community leaders,

businesses, and other appropriate organizations.

(9) PRIORITY IN MAKING GRANTS; DURATION AND AMOUNT

OF GRANT.—Each grant made under this subsection shall be—

(A) awarded on a competitive basis, with first priority

given to those applications from communities with the

greatest percentage of school-age children in families with

poverty-level incomes;

(B) made for a 5-year period, with funding for the

second and each succeeding year in such period conditioned

upon a determination by the Assistant Secretary that the

grant recipient has complied with the conditions of the

grants during the previous year; and

(C) an amount equal to not less than $1,000,000 per

year.

(10) LIMITATION OF ONE GRANT PER CONGRESSIONAL DIS- TRICT.—Not more than one grant under this subsection shall

be awarded within a single congressional district. (11) TECHNICAL ASSISTANCE; EVALUATIONS.—In administering the program authorized under this subsection, the Assistant

Secretary shall, either directly or through grant or contract

with an eligible nonprofit agency— (A) upon request, provide technical assistance to

eligible entities to assist in the development of a comprehensive community-wide plan to meet the requirements

of this subsection and in the preparation of applications

for assistance;

(B) regularly provide technical assistance to learning

grant institutions receiving assistance under this subsection to assist with the development and implementation

of the comprehensive community-wide plan for educational

improvement;

(C) provide for an independent evaluation of the activities assisted under this subsection, including—

(i) the impact of the Goals 2000 Community Partnerships program on children and families within each

community, including effects on the extent of educational achievement, rates of school retention and

completion, and enrollment in postsecondary educational programs; and

(ii) whether an intensified effort to apply and utilize educational research within a limited geographic

area significantly improves student learning and

achievement; and
H. R. 1804—135

(D) plan for the expansion of the Goals 2000 Community Partnerships program throughout the remainder of

the United States beginning in fiscal year 1999.

(j) TEACHER RESEARCH DISSEMINATION DEMONSTRATION PROGRAM.—

(1) FINDINGS.—The Congress finds that—

(A) education research, including research funded by

the Office, is not having the impact on the schools of

the United States that such research should;

(B) relevant education research and resulting solutions

are not being adequately disseminated to and used by

the teachers that need such research and solutions;

(C) there are insufficient linkages between the research

and development centers assisted under this section, the

regional educational laboratories described in subsection

(h), the National Diffusion Network State facilitators, the

Educational Resources Information Center Clearinghouses,

the comprehensive technical assistance centers assisted

under the Elementary and Secondary Education Act of

1965, and the public schools to ensure that research on

effective practice is disseminated and technical assistance

provided to all teachers;

(D) the average teacher has little time to plan or

engage in a professional dialogue with peers about strategies for improved learning;

(E) teachers do not have direct access to information

systems or networks;

(F) teachers have little control over what inservice

education teachers will be offered; and

(G) individual teachers are not encouraged to move

beyond the walls of their school buildings to identify and

use outside resources.

(2) ESTABLISHMENT.— (A) IN GENERAL.—The Secretary is authorized to make

grants to, and enter into contracts or cooperative agreements with, public and private agencies and organizations,

including institutions of higher education, the regional education laboratories, and the research and development centers, or consortia thereof—

(i) to develop and carry out projects that demonstrate effective strategies for helping elementary and

secondary education teachers, in both urban and rural

areas, become knowledgeable about, assist in the

design and use of, and use, education research, including education research carried out under this section;

and

(ii) to develop, implement, and evaluate models

for creation of teacher research dissemination networks.

(B) PRIORITY.—In awarding grants and entering into

contracts and cooperative agreements under subparagraph

(A) the Secretary shall give priority to entities that have

received Federal funds for research and dissemination.

(3) APPLICATIONS.—

(A) IN GENERAL.—An entity desiring to receive assistance under this subsection shall submit an application

to the Secretary in such form, at such time, and containing
H. R. 1804—136

such information and assurances as the Secretary may

require.

(B) CONTENTS.—Each such application shall describe

how the project described in the application—

(i) was developed with the active participation of

elementary and secondary school teachers;

(ii) will include the continuing participation of

elementary and secondary school teachers in the

management of the project;

(iii) is organized around one or more significant

research topics;

(iv) will involve collaboration with entities that

have received Federal funds for research and dissemination; and

(v) will sustain over time teacher research dissemination networks after Federal funding for such networks terminates.

(4) USE OF FUNDS.—Funds provided under this subsection

may be used— (A) to train elementary and secondary education teach- ers (particularly new teachers) about the sources of education research findings, including research findings

available through activities supported by the Office, and

how to access and use such findings to improve the quality

of instruction;

(B) to develop simple formats, both administrative and

technological, that allow elementary and secondary education teachers easy access to and use of education research

findings;

(C) to share strategies and materials;

(D) to support professional networks;

(E) to survey teacher needs in the areas of research

and development; and

(F) for other activities designed to support elementary

and secondary education teachers in becoming knowledgeable about, assisting in the design of, and using, educational research.

(5) STIPENDS.—The Secretary may provide for the payment

of such stipends (including allowances for subsistence and other

expenses for elementary and secondary teachers), as the Secretary determines to be appropriate, to teachers participating

in the projects authorized under this subsection.

(6) COORDINATION.—Recipients of funds under this subsection shall, to the greatest extent possible, coordinate their

activities with related activities under the Elementary and

Secondary Education Act of 1965. (7) REPORT.—The Secretary shall, within 5 years of the

date of enactment of this Act, submit to the Congress a report

on the effectiveness of activities assisted under this subsection.

PART E—NATIONAL LIBRARY OF EDUCATION

SEC. 951. ESTABLISHMENT WITHIN OFFICE OF EDUCATIONAL

RESEARCH AND IMPROVEMENT.

(a) IN GENERAL.—There is established within the Department

of Education a National Library of Education (hereafter in this
H. R. 1804—137

section referred to as the ‘‘Library’’), which shall be maintained

by the Department of Education as a governmental activity.

(b) FUNCTIONS OF LIBRARY.—The functions of the Library are—

(1) to provide a central location within the Federal Government for information about education;

(2) to provide comprehensive reference services on matters

related to education to employees of the Department of Education and its contractors and grantees, other Federal employees, and members of the public; and

(3) to promote greater cooperation and resource sharing

among providers and repositories of education information in

the United States.

(c) MISSION.—The mission of the Library shall be to—

(1) become a principal center for the collection, preservation, and effective utilization of the research and other information related to education and to the improvement of educational

achievement;

(2) strive to ensure widespread access to the Library’s

facilities and materials, coverage of all education issues and

subjects, and quality control;

(3) have an expert library staff; and

(4) use modern information technology that holds the potential to link major libraries, schools, and educational centers

across the United States into a network of national education

resources.

(d) ONE-STOP INFORMATION AND REFERRAL SERVICE.—The

Library shall establish and maintain a central information and

referral service to respond to telephonic, mail and electronic and

other inquiries from the public concerning—

(1) programs and activities of the Department of Education;

(2) publications produced by the Department of Education

and, to the extent feasible, education related publications produced by the Departments of Labor, Health and Human Services, and other Federal departments and agencies;

(3) services and resources available to the public through

the Office, including the Educational Resources Information

Center Clearinghouses, the research institutes, and the national

education dissemination system;

(4) statistics and other information produced by the

National Center for Education Statistics; and

(5) referrals to additional sources of information and expertise about educational issues which may be available through

educational associations and foundations, the private sector,

colleges and universities, libraries and bibliographic databases.

The Library shall maintain and actively publicize a toll-free telephone number through which public inquiries to the Library may

be made.

(e) COMPREHENSIVE REFERENCE SERVICES.—

(1) IN GENERAL.—The Library shall, to the extent feasible,

provide for the delivery of a full range of reference services

on subjects related to education to employees of the Department

of Education and such Department’s contractors and grantees,

other Federal employees, and members of the general public.

Such services may include—

(A) specialized subject searches;

(B) search and retrieval of electronic databases;
H. R. 1804—138

(C) document delivery by mail and facsimile transmission;

(D) research counseling, bibliographic instruction, and

other training services;

(E) interlibrary loan services; and

(F) selective dissemination of information services.

(2) PRIORITY.—The Library shall first give priority in the

provision of reference services to requests made by employees

of the Department of Education.

(f) COOPERATION AND RESOURCE SHARING.—The Library shall

promote greater cooperation and resource sharing among libraries

and archives with significant collections in the area of education

through means such as—

(1) the establishment of information and resource sharing

networks among such entities;

(2) the development of a national union list of education

journals held by education libraries throughout the United

States;

(3) the development of directories and indexes to textbook

and other specialized collections held by education libraries

throughout the United States; and

(4) cooperative efforts to preserve, maintain and promote

access to items of special historical value or interest.

(g) ADMINISTRATION.—The Library shall be administered by

an Executive Director who shall—

(1) be appointed by the Assistant Secretary from among

persons with significant training or experience in library and

information science; and

(2) be paid at not less than the minimum rate of basic

pay payable for GS–15 of the General Schedule.

(h) TASK FORCE.— (1) IN GENERAL.—The Assistant Secretary shall appoint

a task force of librarians, scholars, teachers, parents, and school

leaders (hereafter in this paragraph referred to as the ‘‘Task

Force’’) to provide advice on the establishment of the Library. (2) PREPARATION OF PLAN.—The Task Force shall prepare

a workable plan to establish the Library and to implement

the requirements of this section.

(3) CERTAIN AUTHORITIES.—The Task Force may identify

other activities and functions for the Library to carry out,

except that such functions shall not be carried out until the

Library is established and has implemented the requirements

of this section.

(4) REPORT.—The Task Force shall prepare and submit

to the Assistant Secretary not later than 6 months after the

first meeting of the Task Force a report on the activities of

the Library.

(i) TRANSFER OF FUNCTIONS.—There are hereby transferred

to the Library all functions of—

(1) the Department of Education Research Library;

(2) the Department of Education Reference Section; and

(3) the Department of Education Information Branch.

(j) COLLECTION DEVELOPMENT POLICY.—Not later than 180 days

after the date of the enactment of this title, the Assistant Secretary

shall promulgate a comprehensive collection development policy

to govern the Library’s operations, acquisitions, and services to

users. Such collection development policy shall—
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(1) be consistent with the functions of the Library described

in subsection (b);

(2) emphasize the acquisition and maintenance of a comprehensive collection of reference materials; and

(3) avoid unnecessary duplication by putting a priority

on meeting the information needs of the Library’s users through

cooperation and resource-sharing with other entities with

significant collections in the field of education.

(k) ARREARAGE AND PRESERVATION.—On the basis of the collection development policy promulgated under subsection (j), the

Executive Director shall develop a multiyear plan which shall set

forth goals and priorities for actions needed to—

(1) eliminate within 3 years the arrearage of uncataloged

books and other materials in the Library’s collections; and

(2) respond effectively and systematically to the preservation needs of the Library’s collections, relying, whenever possible, upon cooperative efforts with other institutions to

preserve and maintain the usability of books and materials

in the Library’s collections.

PART F—STAR SCHOOLS

SEC. 961. STAR SCHOOLS.

Subsection (a) of section 908 of the Star Schools Assistance

Act (20 U.S.C. 4085b(a)) is amended by striking ‘‘greater’’ and

inserting ‘‘lesser’’.

PART G—OFFICE OF COMPREHENSIVE

SCHOOL HEALTH EDUCATION

SEC. 971. OFFICE OF COMPREHENSIVE SCHOOL HEALTH EDUCATION.

(a) IN GENERAL.—Subsection (c) of section 4605 of the

Elementary and Secondary Education Act of 1965 (20 U.S.C.

3155(c)) is amended—

(1) in the matter preceding paragraph (1), by striking

‘‘Office of the Secretary’’ and inserting ‘‘Office of Elementary

and Secondary Education’’; and

(2) by adding at the end the following new paragraph:

‘‘(4) To act as a liaison office for the coordination of the

activities undertaken by the Office under this section with

related activities of the Department of Health and Human

Services and to expand school health education research grant

programs under this section.’’.

(b) TRANSITION.—The Secretary shall take all appropriate

actions to facilitate the transfer of the Office of Comprehensive

School Health Education pursuant to the amendment made by

subsection (a).

PART H—FIELD READERS

SEC. 981. FIELD READERS.

Section 402 of the Department of Education Organization Act

(20 U.S.C. 3462) is amended—

(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘The Secretary’’;

and

(2) by adding at the end the following new subsection:
H. R. 1804—140

‘‘(b) SPECIAL RULE.—

‘‘(1) IN GENERAL.—Notwithstanding any other provision of

law, the Secretary may use not more than 1 percent of the

funds appropriated for any education program that awards

such funds on a competitive basis to pay the expenses and

fees of non-Federal experts necessary to review applications

and proposals for such funds.

‘‘(2) APPLICABILITY.—The provisions of paragraph (1) shall

not apply to any education program under which funds are

authorized to be appropriated to pay the fees and expenses

of non-Federal experts to review applications and proposals

for such funds.’’.

PART I—AMENDMENTS TO THE CARL D. PERKINS VOCATIONAL AND APPLIED TECHNOLOGY EDUCATION ACT

SEC. 991. NATIONAL OCCUPATIONAL INFORMATION COORDINATING

COMMITTEE.

Section 422 of the Carl D. Perkins Vocational and Applied

Technology Education Act (20 U.S.C. 2422) is amended—

(1) in paragraph (2) of subsection (a), by inserting ‘‘(including postsecondary employment and training programs)’’ after

‘‘training programs’’; and

(2) in subsection (b)—

(A) by redesignating subparagraphs (A) and (B) as

paragraphs (1) and (2), respectively;

(B) in the matter preceding paragraph (1) (as redesignated in subparagraph (A)), by inserting ‘‘the State board

or agency governing higher education,’’ after ‘‘coordinating

council,’’; and

(C) in paragraph (1) (as redesignated in subparagraph

(A))—

(i) by striking ‘‘Act and of’’ and inserting ‘‘Act,

of’’; and

(ii) by inserting ‘‘and of the State board or agency

governing higher education’’ after ‘‘Job Training Partnership Act’’;

(3) by redesignating subsection (d) as subsection (e); and

(4) by inserting after subsection (c) the following new subsection:

‘‘(d) DATA COLLECTION SYSTEM.—In the development and design

of a system to provide data on graduation or completion rates,

job placement rates from occupationally specific programs, licensing

rates, and awards of high school graduate equivalency diplomas

(GED), each State board for higher education shall develop a data

collection system the results of which can be integrated into the

occupational information system developed under this section.’’.
H. R. 1804—141

TITLE X—MISCELLANEOUS

PART A—MISCELLANEOUS PROVISIONS

SEC. 1011. SCHOOL PRAYER.

No funds authorized to be appropriated under this Act may

be used by any State or local educational agency to adopt policies

that prevent voluntary prayer and meditation in public schools.

SEC. 1012. FUNDING FOR THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT.

(a) FINDINGS.—The Congress finds that—

(1) the Individuals with Disabilities Education Act was

established with the commitment of forty percent Federal funding but currently receives only eight percent Federal funding;

(2) this funding shortfall is particularly burdensome to

school districts and schools in low-income areas which serve

higher than average proportions of students with disabilities

and have fewer local resources to contribute; and

(3) it would cost the Federal Government approximately

$10,000,000,000 each year to fully fund the Individuals with

Disabilities Education Act.

(b) SENSE OF CONGRESS.—It is the sense of the Congress that

the Federal Government should provide States and communities

with adequate resources under the Individuals with Disabilities

Education Act as soon as reasonably possible, through the

reallocation of noneducation funds within the current budget monetary constraints.

SEC. 1013. NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS.

Section 551 of the Higher Education Act of 1965 (20 U.S.C.

1107) is amended—

(1) in paragraph (1) of subsection (b), by striking ‘‘the

Federal share of’’;

(2) in subparagraph (B) of subsection (e)(1), by striking

‘‘share of the cost of the activities of the Board is’’ and inserting

‘‘contributions described in subsection (f) are’’; and

(3) by amending subsection (f) to read as follows:

‘‘(f) MATCHING FUNDS REQUIREMENT.—

‘‘(1) IN GENERAL.—The Secretary shall not provide financial

assistance under this subpart to the Board unless the Board

agrees to expend non-Federal contributions equal to $1 for

every $1 of the Federal funds provided pursuant to such financial assistance.

‘‘(2) NON-FEDERAL CONTRIBUTIONS.—The non-Federal contributions described in paragraph (1)—

‘‘(A) may include all non-Federal funds raised by the

Board on or after January 1, 1987; and

‘‘(B) may be used for outreach, implementation,

administration, operation, and other costs associated with

the development and implementation of national teacher

assessment and certification procedures under this

subpart.’’.
H. R. 1804—142

SEC. 1014. FORGIVENESS OF CERTAIN OVERPAYMENTS.

(a) IN GENERAL.—Notwithstanding section 1401 of the

Elementary and Secondary Education Act of 1965 or any other

provision of law—

(1) the allocation of funds appropriated for fiscal year 1993

under the Department of Education Appropriations Act, 1993,

to Colfax County, New Mexico under section 1005 of the

Elementary and Secondary Education Act of 1965, and any

other allocations or grants for such fiscal year resulting from

such allocation to such county under any program administered

by the Secretary of Education, shall be deemed to be authorized

by law; and

(2) in any program for which allocations are based on

fiscal year 1993 allocations under section 1005 of such Act,

the fiscal year 1993 allocations under such section deemed

to be authorized by law in accordance with paragraph (1) shall

be used.

(b) SPECIAL RULE.—Notwithstanding subsection (a)(1) of this

section, in carrying out section 1403(a) of the Elementary and

Secondary Education Act of 1965 for fiscal year 1994, the amount

allocated to Colfax County, New Mexico under section 1005 of

such Act for fiscal year 1993 shall be deemed to be the amount

that the Secretary determines would have been allocated under

such section 1005 had the correct data been used for fiscal year

1993.

SEC. 1015. STUDY OF GOALS 2000 AND STUDENTS WITH DISABILITIES.

(a) STUDY REQUIRED.—

(1) IN GENERAL.—Not later than 180 days after the date

of enactment of this Act, the Secretary shall make appropriate

arrangements with the National Academy of Sciences or the

National Academy of Education to conduct a comprehensive

study of the inclusion of children with disabilities in school

reform activities assisted under the Goals 2000: Educate America Act.

(2) DEFINITION.—For purposes of this section, the term

‘‘children with disabilities’’ has the same meaning given such

term in section 602 of the Individuals with Disabilities Education Act.

(b) STUDY COMPONENTS.—The study conducted under subsection (a) shall include—

(1) an evaluation of the National Education Goals and

objectives, curriculum reforms, standards, and other programs

and activities intended to achieve those goals;

(2) a review of the adequacy of assessments and measures

used to gauge progress towards meeting National Education

Goals and any national and State standards, and an examination of other methods or accommodations necessary or desirable

to collect data on the educational progress of children with

disabilities, and the costs of such methods and accommodations;

(3) an examination of what incentives or assistance might

be provided to States to develop improvement plans that adequately address the needs of children with disabilities;

(4) the relation of the Goals 2000: Educate America Act

to other Federal laws governing or affecting the education

of children with disabilities; and
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(5) such other issues as the National Academy of Sciences

or the National Academy of Education considers appropriate.

(c) STUDY PANEL MEMBERSHIP.—Any panel constituted in furtherance of the study to be conducted under subsection (a) shall

include consumer representatives.

(d) FINDINGS AND RECOMMENDATIONS.—The Secretary shall

request the National Academy of Sciences or the National Academy

of Education to submit an interim report of its findings and recommendations to the President and Congress not later than 12

months, and a final report not later than 24 months, from the

date of the completion of procurement relating to the study.

(e) FUNDING.—From funds appropriated to the Secretary for

research related to individuals with disabilities the Secretary shall

make available $600,000 for fiscal year 1994, and such sums as

may be necessary for fiscal year 1995, to carry out this section.

Amounts made available under this subsection shall remain available until expended.

SEC. 1016. AMENDMENTS TO SUMMER YOUTH EMPLOYMENT AND

TRAINING PROGRAM.

(a) PROGRAM DESIGN.—

(1) ACADEMIC ENRICHMENT AUTHORIZED.—Paragraph (1) of

section 253(a) of the Job Training Partnership Act (20 U.S.C.

1632(a)) is amended by inserting ‘‘academic enrichment’’ after

‘‘remedial education,’’.

(2) REQUIRED SERVICES AND DESIGN.—(A) Subsection (c)

of such section 253 of the Job Training Partnership Act (20

U.S.C. 1632(c)) is amended by adding at the end the following

new paragraphs: ‘‘(3) BASIC EDUCATION AND PREEMPLOYMENT TRAINING.— The programs under this part shall provide, either directly

or through arrangements with other programs, each of the

following services to a participant where the assessment and

the service strategy indicate such services are appropriate: ‘‘(A) Basic and Remedial Education.

‘‘(B) Preemployment and Work Maturity Skills Training.

‘‘(4) INTEGRATION OF WORK AND LEARNING.— ‘‘(A) WORK EXPERIENCE.—Work experience provided

under this part, to the extent feasible, shall include contextual learning opportunities which integrate the development of general competencies with the development of

academic skills.

‘‘(B) CLASSROOM TRAINING.—Classroom training provided under this part shall, to the extent feasible, include

opportunities to apply knowledge and skills relating to

academic subjects to the world of work.’’.

(B) Section 253 of the Job Training Partnership Act (20

U.S.C. 1632) is further amended by adding at the end the

following new subsection:

‘‘(e) EDUCATIONAL LINKAGES.—In conducting the program

assisted under this part, service delivery areas shall establish linkages with the appropriate educational agencies responsible for service to participants. Such linkages shall include arrangements to

ensure that there is a regular exchange of information relating

to the progress, problems and needs of participants, including the

results of assessments of the skill levels of participants.’’.
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(C) Section 254 of the Job Training Partnership Act is amended by adding at the end the following new subsection:

‘‘(c) PROHIBITION ON PRIVATE ACTIONS.—Nothing in this part shall be construed to establish a right for a participant to bring

an action to obtain services described in the assessment or service

strategy developed under section 253(c).’’. (b) TRANSFER OF FUNDS TO YEAR ROUND PROGRAM.—Section

256 of the Job Training Partnership Act is amended by striking

‘‘10 percent’’ and inserting ‘‘20 percent’’.

SEC. 1017. PROTECTION OF PUPILS.

Section 439 of the General Education Provisions Act (20 U.S.C.

1232g) is amended to read as follows:

‘‘PROTECTION OF PUPIL RIGHTS

‘‘SEC. 439. (a) All instructional materials, including teacher’s manuals, films, tapes, or other supplementary material which will

be used in connection with any survey, analysis, or evaluation

as part of any applicable program shall be available for inspection

by the parents or guardians of the children. ‘‘(b) No student shall be required, as part of any applicable

program, to submit to a survey, analysis, or evaluation that reveals

information concerning—

‘‘(1) political affiliations;

‘‘(2) mental and psychological problems potentially

embarrassing to the student or his family;

‘‘(3) sex behavior and attitudes;

‘‘(4) illegal, anti-social, self-incriminating and demeaning

behavior;

‘‘(5) critical appraisals of other individuals with whom

respondents have close family relationships;

‘‘(6) legally recognized privileged or analogous relationships,

such as those of lawyers, physicians, and ministers; or

‘‘(7) income (other than that required by law to determine

eligibility for participation in a program or for receiving financial assistance under such program),

without the prior consent of the student (if the student is an

adult or emancipated minor), or in the case of an unemancipated

minor, without the prior written consent of the parent.

‘‘(c) Educational agencies and institutions shall give parents

and students effective notice of their rights under this section.

‘‘(d) ENFORCEMENT.—The Secretary shall take such action as

the Secretary determines appropriate to enforce this section, except

that action to terminate assistance provided under an applicable

program shall be taken only if the Secretary determines that—

‘‘(1) there has been a failure to comply with such section;

and

‘‘(2) compliance with such section cannot be secured by

voluntary means.

‘‘(e) OFFICE AND REVIEW BOARD.—The Secretary shall establish

or designate an office and review board within the Department

of Education to investigate, process, review, and adjudicate violations of the rights established under this section.’’.

SEC. 1018. CONTRACEPTIVE DEVICES.

The Department of Health and Human Services and the Department of Education shall ensure that all federally funded programs
H. R. 1804—145

which provide for the distribution of contraceptive devices to

unemancipated minors develop procedures to encourage, to the

extent practical, family participation in such programs.

SEC. 1019. ASSESSMENTS.

(a) TITLE II.—No funds provided under title II of this Act

shall be used to develop or undertake assessments that will be

used to make decisions regarding the graduation, grade promotion,

or retention of students for 5 years after the date of enactment

of this Act.

(b) TITLE III.—Assessments developed with funds under title

III of this Act may be used for decisions regarding graduation,

grade promotion, or retention of students only on the condition

that students have been prepared in the content for which the

students are being assessed.

SEC. 1020. PUBLIC SCHOOLS.

Except as provided in section 310, nothing in this Act shall be construed to authorize the use of funds under title III of this

Act to directly or indirectly benefit any school other than a public

school.

SEC. 1021. ASSESSMENT OF EDUCATIONAL PROGRESS ACTIVITIES.

Section 421(h) of the Carl D. Perkins Vocational and Applied

Technology Education Act (20 U.S.C. 2421(h)) is amended—

(1) by inserting ‘‘(1)’’ after ‘‘(h)’’; and

(2) by inserting at the end the following:

‘‘(2)(A) Notwithstanding any provision of section 406 of the

General Education Provisions Act, the Commissioner of Education

Statistics may authorize a State educational agency or a consortium

of such agencies to use items and data from the National Assessment of Educational Progress for the purpose of evaluating a course

of study related to vocational education, if the Commissioner has

determined, in writing, that such use will not— ‘‘(i) result in the identification of characteristics or performance of individual students or schools;

‘‘(ii) result in the ranking or comparing of schools or local

educational agencies; ‘‘(iii) be used to evaluate the performance of teachers, principals, or other local educators for the purpose of dispensing

rewards or punishments; or

‘‘(iv) corrupt or harm the use and value of data collected

for the National Assessment of Educational Progress.

‘‘(B) Not later than 60 days after making an authorization under subsection (a), the Commissioner shall submit to the Committee on Education and Labor of the House of Representatives and

to the Committee on Labor and Human Resources of the Senate,

a report which contains—

‘‘(i) a copy of the request for such authorization;

‘‘(ii) a copy of the written determination under subsection

(a); and

‘‘(iii) a description of the details and duration of such

authorization.

‘‘(C) The Commissioner may not grant more than one such

authorization in any fiscal year and shall ensure that the authorized

use of items or data from the National Assessment is evaluated

for technical merit and for its affect on the National Assessment

of Educational Progress. The results of such evaluations shall be
H. R. 1804—146

promptly reported to the committees specified in subparagraph

(B).’’.

SEC. 1022. SENSE OF THE CONGRESS.

It is the sense of the Congress that— (1) no funds appropriated pursuant to this Act should be

expended by an entity unless the entity agrees that in expending the assistance the entity will comply with sections 2 through

4 of the Act of March 3, 1993 (41 U.S.C. 10a–10c, popularly

known as the ‘‘Buy American Act’’); (2) in the case of any equipment or products that may be authorized to be purchased with financial assistance provided under this Act, entities receiving such assistance should,

in expending the assistance, purchase only American-made

equipment and products; (3) in providing financial assistance under this Act, the head of each Federal agency should provide to each recipient

of the assistance a notice describing the statement made in

subsection (a) by the Congress; and (4) if it has been finally determined by a court or Federal agency that any person intentionally affixed a label bearing

a ‘‘Made in America’’ inscription, or any inscription with the

same meaning to any product sold in or shipped to the United

States that is not made in the United States, such person

should be ineligible to receive any contract or subcontract made

with funds provided pursuant to this Act, pursuant to the

debarment, suspension, and ineligibility procedures described

in sections 9.400 through 9.409 of title 48, Code of Federal

Regulations, as such sections existed on the date of enactment

of this Act.

PART B—GUN-FREE SCHOOLS

SEC. 1031. SHORT TITLE.

This part may be cited as the ‘‘Gun-Free Schools Act of 1994’’.

SEC. 1032. GUN-FREE REQUIREMENTS IN ELEMENTARY AND SECONDARY SCHOOLS.

The Elementary and Secondary Education Act of 1965 (20 U.S.C. 2701 et seq.) is amended— (1) by redesignating title X as title IX;

(2) by redesignating sections 8001 through 8005 as sections

9001 through 9005, respectively; and

(3) by inserting after title VII the following new title:

‘‘TITLE VIII—GUN-FREE SCHOOLS

‘‘SEC. 8001. GUN-FREE REQUIREMENTS.

‘‘(a) REQUIREMENTS.—

‘‘(1) IN GENERAL.—No assistance may be provided to any

local educational agency under this Act unless such agency

has in effect a policy requiring the expulsion from school for

a period of not less than one year of any student who is

determined to have brought a weapon to a school under the

jurisdiction of the agency except such policy may allow the

chief administering officer of the agency to modify such expulsion requirement for a student on a case-by-case basis.
H. R. 1804—147

‘‘(2) DEFINITION.—For the purpose of this section, the term

‘‘weapon’’ means a firearm as such term is defined in section

921 of title 18, United States Code.

‘‘(b) REPORT TO STATE.—Each local educational agency requesting assistance from the State educational agency that is to be

provided from funds made available to the State under this Act

shall provide to the State, in the application requesting such

assistance—

‘‘(1) an assurance that such local educational agency has

in effect the policy required by subsection (a); and

‘‘(2) a description of the circumstances surrounding any

expulsions imposed under the policy required by subsection

(a), including—

‘‘(A) the name of the school concerned;

‘‘(B) the number of students expelled from such school;

and

‘‘(C) the types of weapons concerned.’’.

PART C—ENVIRONMENTAL TOBACCO SMOKE

SEC. 1041. SHORT TITLE.

This part may be cited as the ‘‘Pro-Children Act of 1994’’.

SEC. 1042. DEFINITIONS.

As used in this part:

(1) CHILDREN.—The term ‘‘children’’ means individuals who

have not attained the age of 18.

(2) CHILDREN’S SERVICES.—The term ‘‘children’s services’’

means the provision on a routine or regular basis of health,

day care, education, or library services— (A) that are funded, after the date of the enactment

of this Act, directly by the Federal Government or through

State or local governments, by Federal grant, loan, loan

guarantee, or contract programs— (i) administered by either the Secretary of Health

and Human Services or the Secretary of Education

(other than services provided and funded solely under

titles XVIII and XIX of the Social Security Act); or (ii) administered by the Secretary of Agriculture in the case of a clinic (as defined in 7 CFR 246.2)

under section 17(b)(6) of the Child Nutrition Act of

1966 (42 U.S.C. 1786(b)(6)), or

(B) that are provided in indoor facilities that are constructed, operated, or maintained with such Federal funds,

as determined by the appropriate Secretary in any enforcement action under this title,

except that nothing in clause (ii) of subparagraph (A) is

intended to include facilities (other than clinics) where coupons

are redeemed under the Child Nutrition Act of 1966.

(3) PERSON.—The term ‘‘person’’ means any State or local

subdivision thereof, agency of such State or subdivision, corporation, or partnership that owns or operates or otherwise

controls and provides children’s services or any individual who

owns or operates or otherwise controls and provides such services.

(4) INDOOR FACILITY.—The term ‘‘indoor facility’’ means

a building that is enclosed.
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(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of Health and Human Services.

SEC. 1043. NONSMOKING POLICY FOR CHILDREN’S SERVICES.

(a) PROHIBITION.—After the date of the enactment of this Act,

no person shall permit smoking within any indoor facility owned

or leased or contracted for and utilized by such person for provision

of routine or regular kindergarten, elementary, or secondary education or library services to children.

(b) ADDITIONAL PROHIBITION.—After the date of the enactment

of this Act, no person shall permit smoking within any indoor

facility (or portion thereof) owned or leased or contracted for by

such person for the provision by such person of regular or routine

health care or day care or early childhood development (Head

Start) services to children or for the use of the employees of such

person who provides such services, except that this subsection shall

not apply to—

(1) any portion of such facility that is used for inpatient

hospital treatment of individuals dependent on, or addicted

to, drugs or alcohol; and

(2) any private residence.

(c) FEDERAL AGENCIES.—

(1) KINDERGARTEN, ELEMENTARY, OR SECONDARY EDUCATION

OR LIBRARY SERVICES.—After the date of the enactment of this

Act, no Federal agency shall permit smoking within any indoor

facility in the United States operated by such agency, directly

or by contract, to provide routine or regular kindergarten,

elementary, or secondary education or library services to children.

(2) HEALTH OR DAY CARE OR EARLY CHILDHOOD DEVELOP- MENT SERVICES.—After the date of the enactment of this Act,

no Federal agency shall permit smoking within any indoor

facility (or portion thereof) operated by such agency, directly

or by contract, to provide routine or regular health or day

care or early childhood development (Head Start) services to

children, except that this paragraph shall not apply to— (A) any portion of such facility that is used for inpatient

hospital treatment of individuals dependent on, or addicted

to, drugs or alcohol; and (B) any private residence. (3) APPLICATION OF PROVISIONS.—The provisions of paragraph (2) shall also apply to the provision of such routine

or regular kindergarten, elementary or secondary education

or library services in the facilities described in paragraph (2)

not subject to paragraph (1).

(d) NOTICE.—The prohibitions in subsections (a) through (c)

shall be incorporated by publication of a notice in the Federal

Register by the Secretary (in consultation with the heads of other

affected agencies) and by such agency heads in funding arrangements involving the provision of children’s services administered

by such heads. Such prohibitions shall be effective 90 days after

such notice is published, or 270 days after the date of the enactment

of this Act, whichever occurs first.

(e) SPECIAL WAIVER.—

(1) IN GENERAL.—On receipt of an application, the head

of the Federal agency may grant a special waiver to a person

described in subsection (a) who employs individuals who are
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members of a labor organization and provide children’s services

pursuant to a collective bargaining agreement that—

(A) took effect before the date of enactment of this

Act; and

(B) includes provisions relating to smoking privileges

that are in violation of the requirements of this section.

(2) TERMINATION OF WAIVER.—A special waiver granted

under this subsection shall terminate on the earlier of—

(A) the first expiration date (after the date of enactment of this Act) of the collective bargaining agreement

containing the provisions relating to smoking privileges;

or

(B) the date that is 1 year after the date of the enactment of this Act.

(f) CIVIL PENALTIES.—

(1) IN GENERAL.—Any failure to comply with a prohibition

in this section shall be a violation of this section and any

person subject to such prohibition who commits such violation

may be liable to the United States for a civil penalty in an

amount not to exceed $1,000 for each violation, or may be

subject to an administrative compliance order, or both, as determined by the Secretary. Each day a violation continues shall

constitute a separate violation. In the case of any civil penalty

under this section, the total amount shall not exceed the

amount of Federal funds received by such person for the fiscal

year in which the continuing violations occurred. For the purpose of the prohibition in subsection (c), the term ‘‘person’’

shall mean the head of the applicable Federal agency or the

contractor of such agency providing the services to children. (2) ADMINISTRATIVE PROCEEDING.—A civil penalty may be

assessed in a written notice, or an administrative compliance

order may be issued, by the Secretary only after an opportunity

for a hearing in accordance with section 554 of title 5, United

States Code. Before making such assessment or issuing such

order, or both, the Secretary shall give written notice thereof

to such person by certified mail with return receipt and provide

therein an opportunity to request in writing not later than

30 days after the date of receipt of such notice such hearing.

The notice shall reasonably describe the violation and be accompanied with the procedures for such hearing and a simple

form to request such hearing if such person desires to use

such form. If a hearing is requested, the Secretary shall establish by such certified notice the time and place for such hearing

which should be located, to the greatest extent possible, at

a location convenient to such person. The Secretary (or the

Secretary’s designee) and such person may consult to arrange

a suitable date and location where appropriate.

(3) CIRCUMSTANCES AFFECTING PENALTY OR ORDER.—In

determining the amount of the civil penalty or the nature

of the administrative compliance order, the Secretary shall

take into account, as appropriate—

(A) the nature, circumstances, extent, and gravity of

the violation;

(B) with respect to the violator, any good faith efforts

to comply, the importance of achieving early and permanent

compliance, the ability to pay or comply, the effect of the

penalty or order on the ability to continue operation, any
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prior history of the same kind of violation, the degree

of culpability, and any demonstration of willingness to comply with the prohibitions of this section in a timely manner;

and

(C) such other matters as justice may require.

(4) MODIFICATION.—The Secretary may, as appropriate,

compromise, modify, or remit, with or without conditions, any

civil penalty or administrative compliance order. In the case

of a civil penalty, the amount, as finally determined by the

Secretary or agreed upon in compromise, may be deducted

from any sums that the United States or its agencies or

instrumentalities owes to the person against whom the penalty

is assessed.

(5) PETITION FOR REVIEW.—Any person aggrieved by a penalty assessed or an order issued, or both, by the Secretary

under this section may file a petition for judicial review thereof

with the United States Court of Appeals for the District of

Columbia Circuit or for any other circuit in which the person

resides or transacts business. Such person shall provide a copy

thereof to the Secretary or the Secretary’s designee. The petition

shall be filed within 30 days after the Secretary’s assessment

or order, or both, are final and have been provided to such

person by certified mail. The Secretary shall promptly provide

to the court a certified copy of the transcript of any hearing

held under this section and a copy of the notice or order.

(6) FAILURE TO COMPLY.—If a person fails to pay an assessment of a civil penalty or comply with an order, after either

or both are final under this section, or after a court under

paragraph (5) has entered a final judgment in favor of the

Secretary, the Attorney General, at the request of the Secretary,

shall recover the amount of the civil penalty (plus interest

at then currently prevailing rates from the day either or both

are final) or enforce the order in an action brought in the

appropriate district court of the United States. In such action,

the validity and appropriateness of the penalty or order or

the amount of the penalty shall not be subject to review.

SEC. 1044. PREEMPTION.

Nothing in this part is intended to preempt any provision

of law of a State or political subdivision of a State that is more

restrictive than a provision of this part.

PART D—MIDNIGHT BASKETBALL LEAGUE

TRAINING AND PARTNERSHIP

SEC. 1051. SHORT TITLE.

This part may be cited as the ‘‘Midnight Basketball League

Training and Partnership Act’’.

SEC. 1052. GRANTS FOR MIDNIGHT BASKETBALL LEAGUE TRAINING

AND PARTNERSHIP PROGRAMS.

Section 520 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 11903a) is amended—

(1) in the section heading by inserting ‘‘AND ASSISTED’’

after ‘‘PUBLIC’’;

(2) in the subsection heading for subsection (a), by inserting

‘‘PUBLIC HOUSING’’ before ‘‘YOUTH’’; and
H. R. 1804—151

(3) by adding at the end the following new subsection:

‘‘(l) MIDNIGHT BASKETBALL LEAGUE TRAINING AND PARTNERSHIP

PROGRAMS.—

‘‘(1) AUTHORITY.—The Secretary shall make grants, to the

extent that amounts are approved in appropriations Acts under

paragraph (13), to—

‘‘(A) eligible entities to assist such entities in carrying

out midnight basketball league programs meeting the

requirements of paragraph (4); and

‘‘(B) eligible advisory entities to provide technical

assistance to eligible entities in establishing and operating

such midnight basketball league programs.

‘‘(2) ELIGIBLE ENTITIES.—

‘‘(A) IN GENERAL.—Subject to subparagraph (B), grants

under paragraph (1)(A) may be made only to the following

eligible entities:

‘‘(i) Entities eligible under subsection (b) for a

grant under subsection (a).

‘‘(ii) Nonprofit organizations providing employment

counseling, job training, or other educational services.

‘‘(iii) Nonprofit organizations providing federally

assisted low-income housing.

‘‘(B) PROHIBITION ON SECOND GRANTS.—A grant under

paragraph (1)(A) may not be made to an eligible entity

if the entity has previously received a grant under such

paragraph, except that the Secretary may exempt an

eligible advisory entity from the prohibition under this

subparagraph in extraordinary circumstances.

‘‘(3) USE OF GRANT AMOUNTS.—Any eligible entity that

receives a grant under paragraph (1)(A) may use such amounts

only—

‘‘(A) to establish or carry out a midnight basketball

league program under paragraph (4);

‘‘(B) for salaries for administrators and staff of the

program;

‘‘(C) for other administrative costs of the program,

except that not more than 5 percent of the grant amount

may be used for such administrative costs; and

‘‘(D) for costs of training and assistance provided under

paragraph (4)(I).

‘‘(4) PROGRAM REQUIREMENTS.—Each eligible entity receiving a grant under paragraph (1)(A) shall establish a midnight

basketball league program as follows:

‘‘(A) The program shall establish a basketball league

of not less than 8 teams having 10 players each.

‘‘(B) Not less than 50 percent of the players in the

basketball league shall be residents of federally assisted

low-income housing or members of low-income families (as

such term is defined in section 3(b) of the United States

Housing Act of 1937).

‘‘(C) The program shall be designed to serve primarily

youths and young adults from a neighborhood or community whose population has not less than 2 of the following

characteristics (in comparison with national averages):

‘‘(i) A substantial problem regarding use or sale

of illegal drugs.
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‘‘(ii) A high incidence of crimes committed by

youths or young adults.

‘‘(iii) A high incidence of persons infected with

the human immunodeficiency virus or sexually

transmitted diseases.

‘‘(iv) A high incidence of pregnancy or a high birth

rate, among adolescents.

‘‘(v) A high unemployment rate for youths and

young adults.

‘‘(vi) A high rate of high school drop-outs.

‘‘(D) The program shall require each player in the

league to attend employment counseling, job training, and

other educational classes provided under the program,

which shall be held immediately following the conclusion

of league basketball games at or near the site of the games

and at other specified times.

‘‘(E) The program shall serve only youths and young

adults who demonstrate a need for such counseling, training, and education provided by the program, in accordance

with criteria for demonstrating need, which shall be established by the Secretary, in consultation with the Advisory

Committee.

‘‘(F) The majority of the basketball games of the league

shall be held between the hours of 10:00 p.m. and 2:00

a.m. at a location in the neighborhood or community served

by the program.

‘‘(G) The program shall obtain sponsors for each team

in the basketball league. Sponsors shall be private individuals or businesses in the neighborhood or community

served by the program who make financial contributions

to the program and participate in or supplement the

employment, job training, and educational services provided to the players under the program with additional

training or educational opportunities. ‘‘(H) The program shall comply with any criteria established by the Secretary, in consultation with the Advisory

Committee established under paragraph (9). ‘‘(I) Administrators or organizers of the program shall

receive training and technical assistance provided by

eligible advisory entities receiving grants under paragraph

(8).

‘‘(5) GRANT AMOUNT LIMITATIONS.— ‘‘(A) PRIVATE CONTRIBUTIONS.—The Secretary may not make a grant under paragraph (1)(A) to an eligible entity

that applies for a grant under paragraph (6) unless the

applicant entity certifies to the Secretary that the entity

will supplement the grant amounts with amounts of funds

from non-Federal sources, as follows:

‘‘(i) In each of the first 2 years that amounts from

the grant are disbursed (under subparagraph (E)), an

amount sufficient to provide not less than 35 percent

of the cost of carrying out the midnight basketball

league program.

‘‘(ii) In each of the last 3 years that amounts

from the grant are disbursed, an amount sufficient

to provide not less than 50 percent of the cost of

carrying out the midnight basketball league program.
H. R. 1804—153

‘‘(B) NON-FEDERAL FUNDS.—For purposes of this paragraph, the term ‘funds from non-Federal sources’ includes

amounts from nonprofit organizations, public housing agencies, States, units of general local government, and Indian

housing authorities, private contributions, any salary paid

to staff (other than from grant amounts under paragraph

(1)(A)) to carry out the program of the eligible entity,

in-kind contributions to carry out the program (as determined by the Secretary after consultation with the Advisory

Committee), the value of any donated material, equipment,

or building, the value of any lease on a building, the

value of any utilities provided, and the value of any time

and services contributed by volunteers to carry out the

program of the eligible entity.

‘‘(C) PROHIBITION ON SUBSTITUTION OF FUNDS.—Grant

amounts under paragraph (1)(A) and amounts provided

by States and units of general local government to supplement grant amounts may not be used to replace other

public funds previously used, or designated for use, under

this section.

‘‘(D) MAXIMUM AND MINIMUM GRANT AMOUNTS.—

‘‘(i) IN GENERAL.—The Secretary may not make

a grant under paragraph (1)(A) to any single eligible

entity in an amount less than $55,000 or exceeding

$130,000, except as provided in clause (ii).

‘‘(ii) EXCEPTION FOR LARGE LEAGUES.—In the case

of a league having more than 80 players, a grant

under paragraph (1)(A) may exceed $130,000, but may

not exceed the amount equal to 35 percent of the

cost of carrying out the midnight basketball league

program.

‘‘(E) DISBURSEMENT.—Amounts provided under a grant

under paragraph (1)(A) shall be disbursed to the eligible

entity receiving the grant over the 5-year period beginning

on the date that the entity is selected to receive the grant,

as follows:

‘‘(i) In each of the first 2 years of such 5-year

period, 23 percent of the total grant amount shall

be disbursed to the entity.

‘‘(ii) In each of the last 3 years of such 5-year

period, 18 percent of the total grant amount shall

be disbursed to the entity.

‘‘(6) APPLICATIONS.—To be eligible to receive a grant under

paragraph (1)(A), an eligible entity shall submit to the Secretary

an application in the form and manner required by the Secretary (after consultation with the Advisory Committee), which

shall include—

‘‘(A) a description of the midnight basketball league

program to be carried out by the entity, including a description of the employment counseling, job training, and other

educational services to be provided;

‘‘(B) letters of agreement from service providers to provide training and counseling services required under paragraph (4) and a description of such service providers;

‘‘(C) letters of agreement providing for facilities for

basketball games and counseling, training, and educational
H. R. 1804—154

services required under paragraph (4) and a description

of the facilities;

‘‘(D) a list of persons and businesses from the community served by the program who have expressed interest

in sponsoring, or have made commitments to sponsor, a

team in the midnight basketball league; and

‘‘(E) evidence that the neighborhood or community

served by the program meets the requirements of paragraph (4)(C).

‘‘(7) SELECTION.—The Secretary, in consultation with the

Advisory Committee, shall select eligible entities that have

submitted applications under paragraph (6) to receive grants

under paragraph (1)(A). The Secretary, in consultation with

the Advisory Committee, shall establish criteria for selection

of applicants to receive such grants. The criteria shall include

a preference for selection of eligible entities carrying out midnight basketball league programs in suburban and rural areas.

‘‘(8) TECHNICAL ASSISTANCE GRANTS.—Technical assistance

grants under paragraph (1)(B) shall be made as follows:

‘‘(A) ELIGIBLE ADVISORY ENTITIES.—Technical assistance grants may be made only to entities that—

‘‘(i) are experienced and have expertise in

establishing, operating, or administering successful

and effective programs for midnight basketball and

employment, job training, and educational services

similar to the programs under paragraph (4); and

‘‘(ii) have provided technical assistance to other

entities regarding establishment and operation of such

programs.

‘‘(B) USE.—Amounts received under technical assistance grants shall be used to establish centers for providing

technical assistance to entities receiving grants under paragraph (1)(A) of this subsection and subsection (a) regarding

establishment, operation, and administration of effective

and successful midnight basketball league programs under

this subsection and subsection (c)(3).

‘‘(C) NUMBER AND AMOUNT.—To the extent that

amounts are provided in appropriations Acts under paragraph (13)(B) in each fiscal year, the Secretary shall make

technical assistance grants under paragraph (1)(B). In each

fiscal year that such amounts are available the Secretary

shall make 4 such grants, as follows: ‘‘(i) 2 grants shall be made to eligible advisory

entities for development of midnight basketball league

programs in public housing projects.

‘‘(ii) 2 grants shall be made to eligible advisory

entities for development of midnight basketball league

programs in suburban or rural areas.

‘‘(iii) Each grant shall be in an amount not exceeding $25,000.

‘‘(9) ADVISORY COMMITTEE.—The Secretary of Housing and

Urban Development shall appoint an Advisory Committee to

assist the Secretary in providing grants under this subsection.

The Advisory Committee shall be composed of not more than

7 members, as follows:

‘‘(A) Not less than 2 individuals who are involved in

managing or administering midnight basketball programs
H. R. 1804—155

that the Secretary determines have been successful and

effective. Such individuals may not be involved in a program assisted under this subsection or a member or

employee of an eligible advisory entity that receives a

technical assistance grant under paragraph (1)(B).

‘‘(B) A representative of the Center for Substance

Abuse Prevention of the Public Health Service, Department

of Health and Human Services, who is involved in administering the grant program for prevention, treatment, and

rehabilitation model projects for high risk youth under

section 509A of the Public Health Service Act (42 U.S.C.

290aa–8), who shall be selected by the Secretary of Health

and Human Services.

‘‘(C) A representative of the Department of Education,

who shall be selected by the Secretary of Education.

‘‘(D) A representative of the Department of Health

and Human Services, who shall be selected by the Secretary

of Health and Human Services from among officers and

employees of such Department involved in issues relating

to high-risk youth.

‘‘(10) REPORTS.—The Secretary shall require each eligible

entity receiving a grant under paragraph (1)(A) and each

eligible advisory entity receiving a grant under paragraph (1)(B)

to submit to the Secretary, for each year in which grant

amounts are received by the entity, a report describing the

activities carried out with such amounts.

‘‘(11) STUDY.—To the extent amounts are provided under

appropriation Acts pursuant to paragraph (13)(C), the Secretary

shall make a grant to one entity qualified to carry out a

study under this paragraph. The entity shall use such grant

amounts to carry out a scientific study of the effectiveness

of midnight basketball league programs under paragraph (4)

of eligible entities receiving grants under paragraph (1)(A).

The Secretary shall require such entity to submit a report

describing the study and any conclusions and recommendations

resulting from the study to the Congress and the Secretary

not later than the expiration of the 2-year period beginning

on the date that the grant under this paragraph is made. ‘‘(12) DEFINITIONS.—For purposes of this subsection:

‘‘(A) The term ‘Advisory Committee’ means the Advisory Committee established under paragraph (9). ‘‘(B) The term ‘eligible advisory entity’ means an entity meeting the requirements under paragraph (8)(A). ‘‘(C) The term ‘eligible entity’ means an entity described under paragraph (2)(A).

‘‘(D) The term ‘federally assisted low-income housing’

has the meaning given the term in section 5126 of the

Public and Assisted Housing Drug Elimination Act of 1990.

‘‘(E) The term ‘Secretary’ unless otherwise specified,

means the Secretary of Housing and Urban Development.

‘‘(13) AUTHORIZATION OF APPROPRIATIONS.—There are

authorized to be appropriated—

‘‘(A) for grants under paragraph (1)(A), $2,650,000 in

each of fiscal years 1994 and 1995;

‘‘(B) for technical assistance grants under paragraph

(1)(B), $100,000 in each of fiscal years 1994 and 1995;

and
H. R. 1804—156

‘‘(C) for a study grant under paragraph (11), $250,000

in fiscal year 1994.’’.

SEC. 1053. PUBLIC HOUSING MIDNIGHT BASKETBALL LEAGUE

PROGRAMS.

Section 520(c) of the Cranston-Gonzalez National Affordable

Housing Act (42 U.S.C 11903a(c)) is amended by adding at the

end the following new paragraph:

‘‘(3) MIDNIGHT BASKETBALL LEAGUE PROGRAMS.—Notwithstanding any other provision of this subsection and subsection

(d), a grant under this section may be used to carry out any

youth sports program that meets the requirements of a midnight basketball league program under subsection (l)(4) (not

including subparagraph (B) of such subsection) if the program

serves primarily youths and young adults from the public housing project in which the program assisted by the grant is

operated.’’.

Speaker of the House of Representatives.

Vice President of the United States and President of the Senate.