103D CONGRESS

2D SESSION H. R. 1804

AMENDMENT

February 23 (legislative day, February 22),

1994

Ordered to be printed as passed
February 23 (legislative day, February 22), 1994

Ordered to be printed as passed

In the Senate of the United States,

February 8 (legislative day, January 25), 1994.

Resolved, That the bill from the House of Representatives (H.R. 1804) entitled ‘‘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

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

standards and certifications; and for other purposes’’, do pass

with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

2 (a) SHORT TITLE.—Titles I through IV of this Act

3 may be cited as the ‘‘Goals 2000: Educate America Act’’.
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1 (b) TABLE OF CONTENTS.—The table of contents is as

2 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. Administrative provisions.

Sec. 217. Director and staff; experts and consultants.

Sec. 218. Opportunity-to-learn development grants.

PART C—LEADERSHIP IN EDUCATIONAL TECHNOLOGY

Sec. 221. Purposes.

Sec. 222. Federal leadership.

Sec. 223. Office of Educational Technology.

Sec. 224. Uses of funds.

Sec. 225. Non-Federal share.

Sec. 226. Office of Training Technology Transfer.

PART D—AUTHORIZATION OF APPROPRIATIONS

Sec. 231. 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.
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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. National leadership.

Sec. 314. Assistance to the outlying areas and to the Secretary of the Interior.

Sec. 315. Clarification regarding State standards and assessments.

Sec. 316. State planning for improving student achievement through integration

of technology into the curriculum.

TITLE IV—MISCELLANEOUS

Sec. 401. Public schools.

Sec. 402. Construction.

Sec. 403. Khalid Abdul Mohammed.

Sec. 404. Prohibition on Federal mandates, direction, and control.

Sec. 405. School prayer.

Sec. 406. Daily silence for students.

Sec. 407. Funding for the Individuals With Disabilities Education Act.

Sec. 408. National Board for Professional Teaching Standards.

Sec. 409. Forgiveness of certain overpayments.

Sec. 410. Study of Goals 2000 and students with disabilities.

Sec. 411. Mentoring, peer counseling and peer tutoring.

Sec. 412. Content and performance standards.

Sec. 413. State-sponsored higher education trust fund savings plan.

Sec. 414. Amendments to sumer youth employment and training program.

Sec. 415. State and local government control of education.

Sec. 416. Protection of pupils.

Sec. 417. Contraceptive devices.

Sec. 418. Educational agencies not denied funds for adopting constitutional policy relative to prayer in schools.

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—SAFE SCHOOLS

PART A—SAFE SCHOOLS PROGRAM

Sec. 601. Short title; statement of purpose.

Sec. 602. Safe schools program authorized.

Sec. 603. Eligible applicants.

Sec. 604. Applications and plans.

Sec. 605. Use of funds.

Sec. 606. National leadership.
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Sec. 607. National cooperative education statistics system.

Sec. 608. Coordiation of Federal assistance.

Sec. 609. Effective date.

PART B—STATE LEADERSHIP ACTIVITIES TO PROMOTE SAFE SCHOOLS

Sec. 621. State leasership activities to promote safe schools program.

TITLE VII—MIDNIGHT BASKETBALL LEAGUE TRAINING AND

PARTNERSHIP

Sec. 701. Short title.

Sec. 702. Grants for midnight basketball league training and partnership programs.

Sec. 703. Public housing midnight basketball league programs.

TITLE VIII—YOUTH VIOLENCE IN SCHOOLS AND COMMUNITIES

Sec. 801. Purpose.

Sec. 802. Findings.

Sec. 803. Provisions.

TITLE IX—EDUCATIONAL RESEARCH AND IMPROVEMENT

Sec. 901. Short title.

PART A—OFFICE OF EDUCATIONAL RESEARCH AND IMPROVEMENT

Sec. 911. Repeal.

Sec. 912. Office of Educational Research and Improvement.

Sec. 913. Savings provisions.

Sec. 914. Field readers.

PART B—EDUCATIONAL IMPROVEMENT PROGRAMS

SUBPART 1—INTERNATIONAL EDUCATION PROGRAM

Sec. 921. International Education Program.

SUBPART 2—AMENDMENTS TO THE CARL D. PERKINS VOCATIONAL AND APPLIED

TECHNOLOGY EDUCATION ACT

Sec. 931. National Occupational Information Coordinating Committee.

SUBPART 3—ELEMENTARY MATHEMATICS AND SCIENCE EQUIPMENT PROGRAM

Sec. 941. Short title.

Sec. 942. Statement of purpose.

Sec. 943. Program authorized.

Sec. 944. Allotments of funds.

Sec. 945. State application.

Sec. 946. Local application.

Sec. 947. Participation of private schools.

Sec. 948. Program requirements.

Sec. 949. Federal administration.

Sec. 950. Authorization of appropriations.

SUBPART 4—MEDIA INSTRUCTION

Sec. 951. Media instruction.
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SUBPART 5—STAR SCHOOLS

Sec. 961. Star schools.

SUBPART 6—OFFICE OF COMPREHENSIVE SCHOOL HEALTH EDUCATION

Sec. 971. Office of Comprehensive School Health Education.

SUBPART 7—MINORITY-FOCUSED CIVICS EDUCATION

Sec. 981. Short title.

Sec. 982. Purposes.

Sec. 983. Grants authorized; authorization of appropriations.

Sec. 984. Definitions.

Sec. 985. Applications.

PART C—DEFINITIONS

Sec. 991. Definitions.

TITLE X—PARENTS AS TEACHERS

Sec. 1001. Findings.

Sec. 1002. Statement of purpose.

Sec. 1003. Definitions.

Sec. 1004. Program established.

Sec. 1005. Program requirements.

Sec. 1006. Special rules.

Sec. 1007. Parents As Teachers Centers.

Sec. 1008. Evaluations.

Sec. 1009. Application.

Sec. 1010. Payments and Federal share.

Sec. 1011. Authorization of appropriations.

Sec. 1012. Home instruction program for preschool youngsters.

TITLE XI—GUN-FREE SCHOOLS

Sec. 1101. Short title.

Sec. 1102. Gun-free requirements in elementary and secondary schools.

TITLE XII—ENVIRONMENTAL TOBACCO SMOKE

Sec. 1201. Short title.

Sec. 1202. Findings.

Sec. 1203. Definitions.

Sec. 1204. Nonsmoking policy for children’s services.

Sec. 1205. Technical assistance.

Sec. 1206. Federally funded programs.

Sec. 1207. Report by the Administrator.

Sec. 1208. Preemption.

1 SEC. 2. PURPOSE.

2 It is the purpose of this Act to provide a framework

3 for meeting the National Education Goals described in title

4 I of this Act by—
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1 (1) promoting coherent, nationwide, systemic

2 education reform;

3 (2) improving the quality of teaching and learn4 ing in the classroom;

5 (3) defining appropriate and coherent Federal,

6 State, and local roles and responsibilities for edu7 cation reform;

8 (4) establishing valid, reliable, and fair mecha9 nisms for—

10 (A) building a broad national consensus on

11 United States education reform;

12 (B) assisting in the development and certifi13 cation of high-quality, internationally competi14 tive content and student performance standards;

15 (C) assisting in the development and certifi16 cation of opportunity-to-learn standards; and

17 (D) assisting in the development and cer18 tification of high-quality assessment measures

19 that reflect the internationally competitive con20 tent and student performance standards;

21 (5) supporting new initiatives at the Federal,

22 State, local, and school levels to provide equal edu23 cational opportunity for all students to meet high

24 standards; and
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1 (6) providing a framework for the reauthoriza2 tion of all Federal education programs by—

3 (A) creating a vision of excellence and eq4 uity that will guide all Federal education and

5 related programs;

6 (B) providing for the establishment of high7 quality, internationally competitive content and

8 student performance standards that all students,

9 including disadvantaged students, students with

10 diverse racial, ethnic, and cultural backgrounds,

11 students with disabilities, students with limited12 English proficiency, and academically talented

13 students, will be expected to achieve;

14 (C) providing for the establishment of high

15 quality, internationally competitive opportunity16 to-learn standards that all States, local edu17 cational agencies, and schools should achieve;

18 (D) encouraging and enabling all State

19 educational agencies and local educational agen20 cies to develop comprehensive improvement plans

21 that will provide a coherent framework for the

22 implementation of reauthorized Federal edu23 cation and related programs in an integrated

24 fashion that effectively educates all children;
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1 (E) providing resources to help individual

2 schools, including schools serving students with

3 high needs, develop and implement comprehen4 sive improvement plans; and

5 (F) promoting the use of technology to en6 able all students to achieve the National Edu7 cation Goals.

8 SEC. 3. DEFINITIONS.

9 As used in this Act (other than in titles V and IX)—

10 (1) the term ‘‘all children’’ means children from

11 all backgrounds and circumstances, including dis12 advantaged children, children with diverse racial, eth13 nic, and cultural backgrounds, children with disabil14 ities, children with limited-English proficiency, chil15 dren who have dropped out of school, and academi16 cally talented children;

17 (2) the term ‘‘all students’’ means students from

18 a broad range of backgrounds and circumstances, in19 cluding disadvantaged students, students with diverse

20 racial, ethnic, and cultural backgrounds, students

21 with disabilities, students with limited-English pro22 ficiency, students who have dropped out of school, and

23 academically talented students;

24 (3) the term ‘‘assessment’’ means the overall

25 process and instrument used to measure student at-
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1 tainment of content standards, except that such term

2 need not include the discrete items that comprise each

3 assessment;

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

5 descriptions of the knowledge and skills students

6 should acquire in a particular subject area;

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

9 (6) the term ‘‘intergenerational mentoring pro10 gram’’ means a program that—

11 (A) matches adult mentors, with a particu12 lar emphasis on older mentors, with elementary

13 and secondary school age children for the pur14 poses of sharing experience and skills;

15 (B) is operated by a nonprofit organization

16 or governmental agency;

17 (C) provides opportunities for older individ18 uals to be involved in the design and operation

19 of the program; and

20 (D) has established, written mechanisms for

21 screening mentors, orienting mentors and pro22 teges, matching mentors and proteges, and mon23 itoring mentoring relationships;

24 (7) the terms ‘‘interoperable’’ and ‘‘interoper25 ability’’ refers to the ability to easily exchange data
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1 with, and connect to, other hardware and software in

2 order to provide the greatest accessibility for all stu3 dents;

4 (8) the term ‘‘local educational agency’’ has the

5 meaning given such term in section 1471(12) of the

6 Elementary and Secondary Education Act of 1965,

7 except that such term may include a public school

8 council if such council is mandated by State law;

9 (9) the term ‘‘opportunity-to-learn standards’’

10 means the conditions of teaching and learning nec11 essary for all students to have a fair opportunity to

12 learn, including ways of measuring the extent to

13 which such standards are being met;

14 (10) the term ‘‘outlying areas’’ means Guam,

15 American Samoa, the Virgin Islands, the Common16 wealth of the Northern Mariana Islands, Palau (until

17 the effective date of the Compact of Free Association

18 with the Government of Palau), and the Freely Asso19 ciated States;

20 (11) the term ‘‘performance standards’’ means

21 concrete examples and explicit definitions of what

22 students have to know and be able to do to dem23 onstrate that such students are proficient in the skills

24 and knowledge framed by content standards;
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1 (12) the term ‘‘public telecommunication entity’’

2 has the same meaning given to such term in section

3 397(12) of the Communications Act of 1934;

4 (13) the term ‘‘related services’’ includes the

5 types of services described in section 602(17) of the

6 Individuals with Disabilities Education Act;

7 (14) the term ‘‘school’’ means a public school

8 that is under the authority of the State educational

9 agency or a local educational agency or, for the pur10 pose of carrying out section 314(b), a school that is

11 operated or funded by the Bureau of Indian Affairs;

12 (15) the term ‘‘Secretary’’, unless otherwise spec13 ified, means the Secretary of Education;

14 (16) the term ‘‘State’’ means each of the 50

15 States, the District of Columbia, and the Common16 wealth of Puerto Rico;

17 (17) the term ‘‘State educational agency’’ has the

18 same meaning given such term in section 1471(23) of

19 the Elementary and Secondary Education Act of

20 1965; and

21 (18) the term ‘‘technology’’ means the latest

22 state-of-the-art technology products and services, such

23 as closed circuit television systems, educational tele24 vision or radio programs and services, cable tele25 vision, satellite, copper and fiber optic transmission,
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1 computer, video and audio laser and CD-ROM disks,

2 and video and audio tapes, or other technologies.

3 TITLE I—NATIONAL EDUCATION

4 GOALS

5 SEC. 101. PURPOSE.

6 It is the purpose of this title to establish National Edu7 cation Goals.

8 SEC. 102. NATIONAL EDUCATION GOALS.

9 The Congress declares the National Education Goals

10 are as follows:

11 (1) SCHOOL READINESS.—

12 (A) GOAL.—By the year 2000, all children

13 in America will start school ready to learn.

14 (B) OBJECTIVES.—The objectives for the

15 goal described in subparagraph (A) are that—

16 (i) all children, including disadvan17 taged and disabled children, will have access

18 to high-quality and developmentally appro19 priate preschool programs that help prepare

20 children for school;

21 (ii) every parent in the United States

22 will be a child’s first teacher and devote

23 time each day to helping such parent’s pre24 school child learn, and parents will have ac-
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1 cess to the training and support parents

2 need; and

3 (iii) children will receive the nutrition,

4 physical activity experiences, and health

5 care needed to arrive at school with healthy

6 minds and bodies, and the number of low7 birthweight babies will be significantly re8 duced through enhanced prenatal health sys9 tems.

10 (2) SCHOOL COMPLETION.—

11 (A) GOAL.—By the year 2000, the high

12 school graduation rate will increase to at least

13 90 percent.

14 (B) OBJECTIVES.—The objectives for the

15 goal described in subparagraph (A) are that—

16 (i) the Nation must dramatically re17 duce its high school dropout rate, and 75

18 percent of high school students who do drop

19 out of school will successfully complete a

20 high school degree or its equivalent; and

21 (ii) the gap in high school graduation

22 rates between United States students from

23 minority backgrounds and their

24 nonminority counterparts will be elimi25 nated.
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1 (3) STUDENT ACHIEVEMENT AND CITIZENSHIP.—

2 (A) GOAL.—By the year 2000, United

3 States students will leave grades 4, 8, and 12

4 having demonstrated competency over challeng5 ing subject matter including English, mathe6 matics, science, foreign languages, civics and

7 government, economics, arts, history, and geog8 raphy, and every school in the United States will

9 ensure that all students learn to use their minds

10 well, so students may be prepared for responsible

11 citizenship, further learning, and productive em12 ployment in our Nation’s modern economy.

13 (B) OBJECTIVES.—The objectives for the

14 goal described in subparagraph (A) are that—

15 (i) the academic performance of ele16 mentary and secondary students will in17 crease significantly in every quartile, and

18 the distribution of minority students in

19 each quartile will more closely reflect the

20 student population as a whole;

21 (ii) the percentage of students who

22 demonstrate the ability to reason, solve

23 problems, apply knowledge, and write and

24 communicate effectively will increase sub25 stantially;
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1 (iii) all students will be involved in ac2 tivities that promote and demonstrate good

3 citizenship, good health, community service,

4 and personal responsibility;

5 (iv) all students will have access to

6 physical education and health education to

7 ensure all students are healthy and fit;

8 (v) the percentage of students who are

9 competent in more than one language will

10 substantially increase; and

11 (vi) all students will be knowledgeable

12 about the diverse heritage of our Nation and

13 about the world community.

14 (4) MATHEMATICS AND SCIENCE.—

15 (A) GOAL.—By the year 2000, United

16 States students will be first in the world in

17 mathematics and science achievement.

18 (B) OBJECTIVES.—The objectives for the

19 goal described in subparagraph (A) are that—

20 (i) mathematics and science education,

21 including the metric system of measure22 ment, will be strengthened throughout the

23 educational system, especially in the early

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

3 science will increase by 50 percent from the

4 number of such teachers in 1992; and

5 (iii) the number of United States un6 dergraduate and graduate students, espe7 cially women and minorities, who complete

8 degrees in mathematics, science, and engi9 neering will increase significantly.

10 (5) ADULT LITERACY AND LIFELONG LEARN11 ING.—

12 (A) GOAL.—By the year 2000, every adult

13 United States citizen will be literate and will

14 possess the knowledge and skills necessary to

15 compete in a global economy and exercise the

16 rights and responsibilities of citizenship.

17 (B) OBJECTIVES.—The objectives for the

18 goal described in subparagraph (A) are that—

19 (i) every major United States business

20 will be involved in strengthening the con21 nection between education and work;

22 (ii) all workers will have the oppor23 tunity to acquire the knowledge and skills,

24 from basic to highly technical, needed to

25 adapt to emerging new technologies, work
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1 methods, and markets through public and

2 private educational, vocational, technical,

3 workplace, or other programs;

4 (iii) the number of quality programs,

5 including programs at libraries, that are

6 designed to serve more effectively the needs

7 of the growing number of part-time and

8 mid-career students, will increase substan9 tially;

10 (iv) the proportion of qualified stu11 dents, especially minorities, who enter col12 lege, who complete at least 2 years of college,

13 and who complete their degree programs,

14 will increase substantially; and

15 (v) the proportion of college graduates

16 who demonstrate an advanced ability to

17 think critically, communicate effectively,

18 and solve problems will increase substan19 tially.

20 (6) SAFE, DISCIPLINED, AND ALCOHOL- AND

21 DRUG- FREE SCHOOLS.—

22 (A) GOAL.—By the year 2000, every school

23 in the United States will be free of drugs, fire24 arms, alcohol, and violence and will offer a dis25 ciplined environment conducive to learning.
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1 (B) OBJECTIVES.—The objectives for the

2 goal described in subparagraph (A) are that—

3 (i) every school will implement a firm

4 and fair policy on use, possession, and dis5 tribution of drugs and alcohol;

6 (ii) parents, businesses, governmental

7 and community organizations will work to8 gether to ensure that schools provide a

9 healthy environment and are a safe haven

10 for all children;

11 (iii) every school district will develop a

12 sequential, comprehensive kindergarten

13 through twelfth grade drug and alcohol pre14 vention education program;

15 (iv) drug and alcohol curriculum

16 should be taught as an integral part of se17 quential, comprehensive health education;

18 (v) community-based teams should be

19 organized to provide students and teachers

20 with needed support; and

21 (vi) every school should work to elimi22 nate sexual harassment.

23 (7) PARENTAL PARTICIPATION.—

24 (A) GOAL.—By the year 2000, every school

25 will promote partnerships that will increase pa-
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1 rental involvement and participation in promot2 ing the social, emotional and academic growth of

3 children.

4 (B) OBJECTIVES.—The objectives for the

5 Goal established under subparagraph (A) are

6 that—

7 (i) every State will develop policies to

8 assist local schools and school districts to es9 tablish programs for increasing partner10 ships that respond to the varying needs of

11 parents and the home, including parents of

12 children who are disadvantaged or bilin13 gual, or parents of children with disabil14 ities;

15 (ii) every school will actively engage

16 parents and families in a partnership

17 which supports the academic work of chil18 dren at home and shared educational deci19 sion-making at school; and

20 (iii) parents and families will help to

21 ensure that schools are adequately supported

22 and will hold schools and teachers to high

23 standards of accountability.

24 (8) TEACHER EDUCATION AND PROFESSIONAL

25 DEVELOPMENT.—
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1 (A) GOAL.—By the year 2000, the Nation’s

2 teaching force will have access to programs for

3 the continued improvement of their professional

4 skills and the opportunity to acquire the knowl5 edge and skills needed to instruct and prepare

6 all American students for the next century.

7 (B) OBJECTIVES.—The objectives for the

8 goal established under subparagraph (A) are

9 that—

10 (i) all teachers will have access to

11 preservice teacher education and continuing

12 professional development activities that will

13 provide such teachers with the knowledge

14 and skills needed to teach to an increasingly

15 diverse student population with a variety of

16 educational, social, and health needs;

17 (ii) all teachers will have continuing

18 opportunities to acquire additional knowl19 edge and skills needed to teach challenging

20 subject matter and to use emerging new

21 methods, forms of assessment, and tech22 nologies;

23 (iii) States and school districts will

24 create integrated strategies to attract, re25 cruit, prepare, retrain, and support the con-
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1 tinued professional development of teachers,

2 administrators, and other educators, so that

3 there is a highly talented work force of pro4 fessional educators to teach challenging sub5 ject matter; and

6 (iv) partnerships will be established,

7 whenever possible, among local educational

8 agencies, institutions of higher education,

9 parents, and local labor, business, and pro10 fessional associations to provide and sup11 port programs for the professional develop12 ment of educators.

13 TITLE II—NATIONAL EDUCATION

14 REFORM LEADERSHIP, STAN15 DARDS, AND ASSESSMENTS

16 PART A—NATIONAL EDUCATION GOALS PANEL

17 SEC. 201. PURPOSE.

18 It is the purpose of this part to establish a bipartisan

19 mechanism for—

20 (1) building a national consensus for education

21 improvement;

22 (2) reporting on progress toward achieving the

23 National Education Goals;

24 (3) periodically reviewing the goals and objec25 tives described in title I and recommending adjust-
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1 ments to such goals and objectives, as needed, in order

2 to guarantee education reform that continues to pro3 vide guidance for quality, world class education for

4 all students; and

5 (4) reviewing and approving the voluntary na6 tional content standards, voluntary national student

7 performance standards and voluntary national oppor8 tunity-to-learn standards certified by the National

9 Education Standards and Improvement Council, as

10 well as the criteria for the certification of such stand11 ards, and the criteria for the certification of State as12 sessments or systems of assessments certified by such

13 Council.

14 SEC. 202. NATIONAL EDUCATION GOALS PANEL.

15 (a) ESTABLISHMENT.—There is established in the exec16 utive branch a National Education Goals Panel (hereafter

17 in this title referred to as the ‘‘Goals Panel’’).

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

19 of 18 members (hereafter in this part referred to as ‘‘mem20 bers’’), including—

21 (1) two members appointed by the President;

22 (2) eight members who are Governors, 3 of whom

23 shall be from the same political party as the Presi24 dent and 5 of whom shall be of the opposite political

25 party of the President, appointed by the Chairperson
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1 and Vice Chairperson of the National Governors’ As2 sociation, with the Chairperson and Vice Chairperson

3 each appointing representatives of such Chairperson’s

4 or Vice Chairperson’s respective political party, in

5 consultation with each other;

6 (3) four Members of the Congress, of whom—

7 (A) one member shall be appointed by the

8 Majority Leader of the Senate from among the

9 Members of the Senate;

10 (B) one member shall be appointed by the

11 Minority Leader of the Senate from among the

12 Members of the Senate;

13 (C) one member shall be appointed by the

14 Majority Leader of the House of Representatives

15 from among the Members of the House of Rep16 resentatives; and

17 (D) one member shall be appointed by the

18 Minority Leader of the House of Representatives

19 from among the Members of the House of Rep20 resentatives; and

21 (4) four members of State legislatures appointed

22 by the President of the National Conference of State

23 Legislatures, of whom 2 shall be of the same political

24 party as the President of the United States.

25 (c) SPECIAL APPOINTMENT RULES.—
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1 (1) IN GENERAL.—The members appointed pur2 suant to subsection (b)(2) shall be appointed as fol3 lows:

4 (A) If the Chairperson of the National Gov5 ernors’ Association is from the same political

6 party as the President, the Chairperson shall ap7 point 3 individuals and the Vice Chairperson of

8 such association shall appoint 5 individuals.

9 (B) If the Chairperson of the National Gov10 ernors’ Association is from the opposite political

11 party as the President, the Chairperson shall ap12 point 5 individuals and the Vice Chairperson of

13 such association shall appoint 3 individuals.

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

15 Association has appointed a panel that meets the re16 quirements of subsections (b) and (c), except for the

17 requirements of paragraph (4) of subsection (b), prior

18 to the date of enactment of this Act, then the members

19 serving on such panel shall be deemed to be in com20 pliance with the provisions of such subsections and

21 shall not be required to be reappointed pursuant to

22 such subsections.

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

24 as follows:
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1 (1) PRESIDENTIAL APPOINTEES.—Members ap2 pointed under subsection (b)(1) shall serve at the

3 pleasure of the President.

4 (2) GOVERNORS.—Members appointed under

5 paragraph (2) of subsection (b) shall serve a 2-year

6 term, except that the initial appointments under such

7 paragraph shall be made to ensure staggered terms

8 with one-half of such members’ terms concluding every

9 2 years.

10 (3) CONGRESSIONAL APPOINTEES AND STATE

11 LEGISLATORS.—Members appointed under para12 graphs (3) and (4) of subsection (b) shall serve for 2-

13 year terms.

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

15 shall be appointed not later than 60 days after the date

16 of enactment of this Act.

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

18 out its duties under this part when 10 members of the Goals

19 Panel have been appointed.

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

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

22 in the same manner as the original appointment.

23 (h) TRAVEL.—Each member may be allowed travel ex24 penses, including per diem in lieu of subsistence, as author25 ized by section 5703 of title 5, United States Code, for each
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1 day the member is engaged in the performance of duties

2 for the Goals Panel away from the home or regular place

3 of business of the member.

4 (i) CHAIRPERSON.—

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

6 Chairperson from among the members described in

7 paragraph (2) of subsection (b).

8 (2) TERM AND POLITICAL AFFILIATION.—The

9 Chairperson of the Goals Panel shall serve a 1-year

10 term and shall alternate between political parties.

11 SEC. 203. DUTIES.

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

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

14 States are making toward achieving the National

15 Education Goals described in title I, including issu16 ing an annual national report card;

17 (2) submit to the President nominations for ap18 pointment to the National Education Standards and

19 Improvement Council in accordance with subsections

20 (b) and (c) of section 212;

21 (3) review and approve (or explain why ap22 proval is withheld) the—

23 (A) criteria developed by the National Edu24 cation Standards and Improvement Council for

25 the certification of content and student perform-
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1 ance standards, assessments or systems of assess2 ments, and opportunity-to-learn standards; and

3 (B) voluntary national content standards,

4 voluntary national student performance stand5 ards and voluntary national opportunity-to6 learn standards certified by such Council;

7 (4) report on promising or effective actions being

8 taken at the national, State, and local levels, and in

9 the public and private sectors, to achieve the National

10 Education Goals; and

11 (5) help build a nationwide, bipartisan consen12 sus for the reforms necessary to achieve the National

13 Education Goals.

14 (b) NATIONAL REPORT CARD.—

15 (1) IN GENERAL.—The Goals Panel shall annu16 ally prepare and submit to the President, the Sec17 retary, the appropriate committees of the Congress,

18 and the Governor of each State a national report card

19 that shall—

20 (A) report on the progress of the United

21 States toward achieving the National Education

22 Goals; and

23 (B) identify actions that should be taken by

24 Federal, State, and local governments to enhance
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1 progress toward achieving the National Edu2 cation Goals.

3 (2) FORM; DATA.—National report cards shall be

4 presented in a form, and include data, that is under5 standable to parents and the general public.

6 SEC. 204. POWERS OF THE GOALS PANEL.

7 (a) HEARINGS.—

8 (1) IN GENERAL.—The Goals Panel shall, for the

9 purpose of carrying out this part, conduct such hear10 ings, sit and act at such times and places, take such

11 testimony, and receive such evidence, as the Goals

12 Panel considers appropriate.

13 (2) REPRESENTATION.—In carrying out this

14 part, the Goals Panel shall conduct hearings to re15 ceive reports, views, and analyses of a broad spectrum

16 of experts and the public on the establishment of vol17 untary national content, voluntary national student

18 performance standards, voluntary national oppor19 tunity-to-learn standards, and State assessments or

20 systems of assessments described in section 213(e).

21 (b) INFORMATION.—The Goals Panel may secure di22 rectly from any department or agency of the Federal Gov23 ernment information necessary to enable the Goals Panel

24 to carry out this part. Upon request of the Chairperson of

25 the Goals Panel, the head of any such department or agency
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1 shall furnish such information to the Goals Panel to the

2 extent permitted by law.

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

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

5 conditions as departments and agencies of the Federal Gov6 ernment.

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

8 may—

9 (1) accept, administer, and utilize gifts or dona10 tions of services, money, or property, whether real or

11 personal, tangible or intangible; and

12 (2) use the research, equipment, services, and fa13 cilities of any department, agency or instrumentality

14 of the Federal Government, or of any State or politi15 cal subdivision thereof with the consent of such de16 partment, agency, instrumentality, State or subdivi17 sion, respectively.

18 (e) ADMINISTRATIVE ARRANGEMENTS AND SUP19 PORT.—

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

21 the Goals Panel, on a reimbursable basis, such ad22 ministrative support services as the Goals Panel may

23 request.

24 (2) CONTRACTS AND OTHER ARRANGEMENTS.—

25 The Secretary shall, to the extent appropriate, and on
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1 a reimbursable basis, make contracts and other ar2 rangements that are requested by the Goals Panel to

3 help the Goals Panel compile and analyze data or

4 carry out other functions necessary to the performance

5 of the Goals Panel’s responsibilities.

6 SEC. 205. ADMINISTRATIVE PROVISIONS.

7 (a) MEETINGS.—The Goals Panel shall meet on a reg8 ular basis, as necessary, at the call of the Chairperson of

9 the Goals Panel or a majority of the members of the Goals

10 Panel.

11 (b) QUORUM.—A majority of the members shall con12 stitute a quorum for the transaction of business.

13 (c) VOTING AND FINAL DECISIONS.—

14 (1) IN GENERAL.—No individual may vote, or

15 exercise any of the duties or powers of a member of

16 the Goals Panel, by proxy.

17 (2) FINAL DECISIONS.—

18 (A) In making final decisions of the Goals

19 Panel with respect to the exercise of its duties

20 and powers the Goals Panel shall operate on the

21 principle of consensus among the members of the

22 Goals Panel.

23 (B) If a vote of the membership of the Goals

24 Panel is required to reach a final decision with

25 respect to the exercise of its duties and powers,
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1 then such final decision shall be made by a three2 fourths vote of the members of the Goals Panel

3 who are present and voting.

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

5 public access to the proceedings of the Goals Panel (other

6 than proceedings, or portions of proceedings, relating to in7 ternal personnel and management matters) and shall make

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

9 such proceedings.

10 SEC. 206. DIRECTOR AND STAFF; EXPERTS AND CONSULT11 ANTS.

12 (a) DIRECTOR.—The Chairperson of the Goals Panel,

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

14 Code, relating to the appointment and compensation of offi15 cers or employees of the United States, shall appoint a Di16 rector to be paid at a rate not to exceed the rate of basic

17 pay payable for level V of the Executive Schedule.

18 (b) APPOINTMENT AND PAY OF EMPLOYEES.—

19 (1) IN GENERAL.—(A) The Director may ap20 point not more than 4 additional employees to serve

21 as staff to the Goals Panel without regard to the pro22 visions of title 5, United States Code, governing ap23 pointments in the competitive service.

24 (B) The employees appointed under subpara25 graph (A) may be paid without regard to the provi-
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1 sions of chapter 51 and subchapter III of chapter 53

2 of that title relating to classification and General

3 Schedule pay rates, but shall not be paid a rate that

4 exceeds the maximum rate of basic pay payable for

5 GS–15 of the General Schedule.

6 (2) ADDITIONAL EMPLOYEES.—The Director may

7 appoint additional employees to serve as staff to the

8 Goals Panel in accordance with title 5, United States

9 Code.

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

11 may procure temporary and intermittent services of experts

12 and consultants under section 3109(b) of title 5, United

13 States Code.

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

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

16 of the United States may detail any of the personnel of such

17 department to the Goals Panel to assist the Goals Panel

18 in carrying out its responsibilities under this part.

19 SEC. 207. EARLY CHILDHOOD ASSESSMENT.

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

21 work of its Resource and Technical Planning Groups on

22 School Readiness (hereafter in this subsection referred to as

23 the ‘‘Groups’’) to improve the methods of assessing the read24 iness of all children for school.

25 (b) ACTIVITIES.—The Groups shall—
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1 (1) develop a model of elements of school readi2 ness that address a broad range of early childhood de3 velopmental needs, including the needs of children

4 with disabilities;

5 (2) create clear guidelines regarding the nature,

6 functions, and uses of early childhood assessments, in7 cluding norm-referenced assessments and assessment

8 formats that are appropriate for use in culturally

9 and linguistically diverse communities, based on

10 model elements of school readiness;

11 (3) monitor and evaluate early childhood assess12 ments, including the ability of existing assessments to

13 provide valid information on the readiness of children

14 for school; and

15 (4) monitor and report on the long-term collec16 tion of data on the status of young children to im17 prove policy and practice, including the need for new

18 sources of data necessary to assess the broad range of

19 early childhood developmental needs.

20 (c) ADVICE.—The Groups shall advise and assist the

21 Congress, the Secretary, the Goals Panel, and others regard22 ing how to improve the assessment of young children and

23 how such assessments can improve services to children.
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1 (d) REPORT.—The Goals Panel shall provide reports

2 on the work of the Groups to the Congress, the Secretary,

3 and the public.

4 PART B—NATIONAL EDUCATION STANDARDS

5 AND IMPROVEMENT COUNCIL

6 SEC. 211. PURPOSE.

7 It is the purpose of this part to establish a mechanism

8 to—

9 (1) certify voluntary national content standards

10 and voluntary national student performance stand11 ards that define what all students should know and

12 be able to do;

13 (2) certify challenging State content standards

14 and challenging State student performance standards

15 submitted by States on a voluntary basis, if such

16 standards are comparable in rigor and quality to the

17 voluntary national content standards and voluntary

18 national student performance standards certified by

19 the National Education Standards and Improvement

20 Council;

21 (3) certify voluntary national opportunity-to22 learn standards that describe the conditions of teach23 ing and learning necessary for all students to have a

24 fair opportunity to achieve the knowledge and skills

25 described in the voluntary national content standards
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1 and the voluntary national student performance

2 standards certified by the National Education Stand3 ards and Improvement Council;

4 (4) certify comprehensive State opportunity-to5 learn standards submitted by States on a voluntary

6 basis that—

7 (A) describe the conditions of teaching and

8 learning necessary for all students to have a fair

9 opportunity to learn; and

10 (B) address the elements described in section

11 213(c)(3); and

12 (5) certify assessments or systems of assessments

13 submitted by States or groups of States on a vol14 untary basis, if such assessments or systems—

15 (A) are aligned with and support State con16 tent standards certified by such Council; and

17 (B) are valid, reliable, and fair when used

18 for their intended purposes.

19 SEC. 212. NATIONAL EDUCATION STANDARDS AND IM20 PROVEMENT COUNCIL.

21 (a) ESTABLISHMENT.—There is established in the exec22 utive branch a National Education Standards and Im23 provement Council (hereafter in this part referred to as the

24 ‘‘Council’’).
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1 (b) COMPOSITION.—The Council shall be composed of

2 19 members (hereafter in this part referred to as ‘‘mem3 bers’’) appointed by the President from nominations sub4 mitted by the Goals Panel.

5 (c) QUALIFICATIONS.—

6 (1) IN GENERAL.—The members of the Council

7 shall include—

8 (A) five professional educators appointed

9 from among elementary and secondary classroom

10 teachers, preschool educators, related services per11 sonnel, and other school-based professionals,

12 State or local educational agency administrators,

13 or other educators;

14 (B) four representatives of business and in15 dustry or postsecondary educational institutions,

16 including at least 1 representative of business

17 and industry who is also a member of the Na18 tional Skill Standards Board established pursu19 ant to title V;

20 (C) five representatives of the public, ap21 pointed from among representatives of advocacy,

22 civil rights, and disability groups, parents, civic

23 leaders, tribal governments, or State or local

24 education policymakers (including members of

25 State or local school boards); and
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1 (D) five education experts, appointed from

2 among experts in measurement and assessment,

3 curriculum, school finance and equity, or school

4 reform.

5 (2) NOMINATIONS.—The Goals Panel shall sub6 mit to the President at least 15 nominations for each

7 of the 4 categories of appointment described in sub8 paragraphs (A) through (D) of paragraph (1).

9 (3) REPRESENTATION.—To the extent feasible,

10 the membership of the Council shall—

11 (A) be geographically representative of the

12 United States and reflect the diversity of the

13 United States with respect to race, ethnicity,

14 gender and disability characteristics; and

15 (B) include persons from each of the 4 cat16 egories described in subparagraphs (A) through

17 (D) of paragraph (1) who have expertise in the

18 education of subgroups of students who are at

19 risk of school failure.

20 (d) TERMS.—

21 (1) IN GENERAL.—Members shall be appointed

22 for 3-year terms, with no member serving more than

23 2 consecutive terms.

24 (2) INITIAL TERMS.—The President shall estab25 lish initial terms for members of 1, 2, or 3 years in
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1 order to establish a rotation in which one-third of the

2 members are selected each year.

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

4 shall be appointed not later than 120 days after the date

5 of enactment of this Act.

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

7 the duties of the Council under this part when all 19 mem8 bers have been appointed.

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

10 to the Council, a member shall attend at least two-thirds

11 of the scheduled meetings, and hearings when appropriate,

12 of the Council in any given year.

13 (h) VACANCY.—A vacancy on the Council shall not af14 fect the powers of the Council, but shall be filled in the same

15 manner as the original appointment.

16 (i) COMPENSATION.—Members who are not regular

17 full-time employees of the United States, while attending

18 meetings or hearings of the Council, may be provided com19 pensation at a rate fixed by the Secretary, but not exceeding

20 the maximum rate of basic pay payable for GS–15 of the

21 General Schedule.

22 (j) TRAVEL.—Each member of the Council may be al23 lowed travel expenses, including per diem in lieu of subsist24 ence, as authorized by section 5703 of title 5, United States

25 Code, for each day the member is engaged in the perform-
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1 ance of duties for the Council away from the home or regu2 lar place of business of the member.

3 (k) OFFICERS.—The members shall select officers of the

4 Council from among the members. The officers of the Coun5 cil shall serve for 1-year terms.

6 (l) CONFLICT OF INTEREST.—No member, staff, expert,

7 or consultant assisting the Council shall be appointed to

8 the Council—

9 (1) if such member, staff, expert, or consultant

10 has a fiduciary interest in an educational assessment;

11 and

12 (2) unless such member, staff, expert, or consult13 ant agrees that such member, staff, expert, or consult14 ant, respectively, will not obtain such an interest for

15 a period of 2 years from the date of termination of

16 such member’s service on the Council.

17 SEC. 213. DUTIES.

18 (a) VOLUNTARY NATIONAL CONTENT STANDARDS;

19 VOLUNTARY NATIONAL STUDENT PERFORMANCE STAND20 ARDS.—

21 (1) IN GENERAL.—The Council, upon rec22 ommendation from a working group on voluntary na23 tional content standards, shall—

24 (A) identify areas in which voluntary na25 tional content standards need to be developed;
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1 (B) certify voluntary national content

2 standards and voluntary national student per3 formance standards that define what all students

4 should know and be able to do; and

5 (C) forward such voluntary national con6 tent standards and voluntary national student

7 performance standards to the Goals Panel for

8 approval.

9 (2) CRITERIA.—(A) The Council, upon rec10 ommendation from a working group on voluntary na11 tional content standards and voluntary national stu12 dent performance standards, shall—

13 (i) identify and develop criteria to be used

14 for certifying the voluntary national content

15 standards and voluntary national student per16 formance standards; and

17 (ii) before applying such criteria, forward

18 such criteria to the Goals Panel for approval.

19 (B) The criteria developed by the Council shall

20 address—

21 (i) the extent to which the proposed stand22 ards are internationally competitive and com23 parable to the best standards in the world;

24 (ii) the extent to which the proposed vol25 untary national content standards and vol-
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1 untary national student performance standards

2 reflect the best available knowledge about how all

3 students learn and about how a content area can

4 be most effectively taught;

5 (iii) the extent to which the proposed vol6 untary national content standards and vol7 untary national student performance standards

8 have been developed through an open and public

9 process that provides for input and involvement

10 of all relevant parties, including teachers, related

11 services personnel, and other professional edu12 cators, employers and postsecondary education

13 institutions, curriculum and subject matter spe14 cialists, parents, secondary school students, and

15 the public; and

16 (iv) other factors that the Council deems ap17 propriate.

18 (C) In developing the criteria, the Council shall

19 work with entities that are developing, or have al20 ready developed, content standards, and any other en21 tities that the Council deems appropriate, to identify

22 appropriate certification criteria.

23 (b) VOLUNTARY STATE CONTENT STANDARDS; VOL24 UNTARY STATE STUDENT PERFORMANCE STANDARDS.—

25 The Council may certify challenging State content stand-
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1 ards and challenging State student performance standards

2 presented on a voluntary basis by a State or group of

3 States, if such standards are comparable in rigor and qual4 ity to the voluntary national content standards and vol5 untary national student performance standards certified by

6 the Council.

7 (c) VOLUNTARY NATIONAL OPPORTUNITY-TO-LEARN

8 STANDARDS.—

9 (1) IN GENERAL.—The Council, upon rec10 ommendation from a working group on voluntary na11 tional opportunity-to-learn standards, shall certify

12 exemplary, voluntary national opportunity-to-learn

13 standards that will establish a basis for providing all

14 students a fair opportunity to achieve the knowledge

15 and skills described in the voluntary national content

16 standards certified by the Council. In carrying out

17 the preceding sentence the Council and the working

18 group are authorized to consider proposals for vol19 untary national opportunity-to-learn standards from

20 groups other than those that receive grants under sec21 tion 218.

22 (2) REQUIREMENT.—The voluntary national op23 portunity-to-learn standards shall be sufficiently gen24 eral to be used by any State without unduly restrict-
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1 ing State and local prerogatives regarding instruc2 tional methods to be employed.

3 (3) ELEMENTS ADDRESSED.—The voluntary na4 tional opportunity-to-learn standards certified by the

5 Council shall address—

6 (A) the quality and availability of curric7 ula, instructional materials, and technologies;

8 (B) the capability of teachers to provide

9 high-quality instruction to meet diverse learning

10 needs in each content area;

11 (C) the extent to which teachers and admin12 istrators have ready and continuing access to

13 professional development, including the best

14 knowledge about teaching, learning, and school

15 improvement;

16 (D) the extent to which curriculum, instruc17 tional practices, and assessments are aligned to

18 content standards;

19 (E) the extent to which school facilities pro20 vide a safe and secure environment for learning

21 and instruction and have the requisite libraries,

22 laboratories, and other resources necessary to

23 provide an opportunity-to-learn; and

24 (F) other factors that the Council deems ap25 propriate to ensure that all students receive a
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1 fair opportunity to achieve the knowledge and

2 skills described in the voluntary national content

3 standards and the voluntary national student

4 performance standards certified by the Council.

5 (4) ADDITIONAL DUTIES.—In carrying out this

6 subsection, the Council shall—

7 (A) identify what other countries with rig8 orous content standards do to—

9 (i) provide their children with oppor10 tunities to learn;

11 (ii) prepare their teachers; and

12 (iii) provide continuing professional

13 development opportunities for their teachers;

14 and

15 (B) develop criteria to be used for certifying

16 the voluntary national opportunity-to-learn

17 standards and, before applying such criteria, for18 ward such criteria to the Goals Panel for ap19 proval.

20 (5) RECOMMENDATIONS AND COORDINATION.—

21 The Council shall assist in the development of the vol22 untary national opportunity-to-learn standards by—

23 (A) making recommendations to the Sec24 retary regarding priorities and selection criteria

25 for each grant awarded under section 218; and
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1 (B) coordinating with each consortium re2 ceiving a grant under section 218 to ensure that

3 the opportunity-to-learn standards the consor4 tium develops for all students are of high quality

5 and are consistent with the criteria developed by

6 the Council for the certification of such stand7 ards.

8 (6) APPROVAL.—The Council shall forward the

9 voluntary national opportunity-to-learn standards

10 that the Council certifies to the Goals Panel for ap11 proval.

12 (d) VOLUNTARY STATE OPPORTUNITY-TO-LEARN

13 STANDARDS.—The Council may certify comprehensive

14 State opportunity-to-learn standards presented on a vol15 untary basis by a State that—

16 (1) describe the conditions of teaching and learn17 ing necessary for all students to have a fair oppor18 tunity to learn; and

19 (2) address the elements described in section

20 213(c)(3).

21 (e) ASSESSMENTS.—

22 (1) IN GENERAL.—(A) The Council shall certify,

23 for a period not to exceed 5 years, an assessment of

24 a single subject area or a system of assessments in25 volving several subject areas presented on a voluntary
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1 basis by a State or group of States if such assessment

2 or system of assessments—

3 (i) is aligned with such State’s or group of

4 States’ challenging State content standards cer5 tified by the Council;

6 (ii) involves multiple measures of student

7 performance; and

8 (iii) provides for—

9 (I) the participation of all students

10 with diverse learning needs in such assess11 ment or system; and

12 (II) the adaptations and accommoda13 tions necessary to permit such participa14 tion.

15 (B) Assessments or systems of assessments shall

16 be certified for the purpose of—

17 (i) exemplifying for students, parents, and

18 teachers the kinds and levels of achievement that

19 should be expected, including the identification of

20 student performance standards;

21 (ii) improving classroom instruction and

22 improving the learning outcomes for all students;

23 (iii) informing students, parents, and teach24 ers about student progress toward such stand25 ards;
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1 (iv) measuring and motivating individual

2 students, schools, districts, States, and the Na3 tion to improve educational performance; and

4 (v) assisting education policymakers in

5 making decisions about education programs.

6 (2) IMPLEMENTATION.—(A)(i) The Council shall

7 develop, and not sooner than 3 years nor later than

8 4 years after the date of enactment of this Act, begin

9 utilizing, criteria for the certification of an assess10 ment or a system of assessments in accordance with

11 this subsection.

12 (ii) The Council shall not certify an assessment

13 or system of assessments for a period of 3 years begin14 ning on the date of enactment of this Act, if such as15 sessment or system will be used to make decisions re16 garding graduation, grade promotion, or retention of

17 students.

18 (iii) Before utilizing the criteria described in

19 clause (i), the Council shall forward such criteria to

20 the Goals Panel for approval.

21 (B) The certification criteria described in this

22 paragraph shall address the extent to which an assess23 ment or a system of assessments—

24 (i)(I) is aligned with a State’s or a group

25 of States’ challenging State content standards, if
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1 such State or group has challenging State con2 tent standards that have been certified by the

3 Council; and

4 (II) will support effective curriculum and

5 instruction;

6 (ii) is to be used for a purpose for which

7 such assessment or system is valid, reliable, fair,

8 and free of discrimination; and

9 (iii) includes all students, especially stu10 dents with disabilities or with limited-English

11 proficiency.

12 (C) In determining appropriate certification cri13 teria under this paragraph, the Council shall—

14 (i) consider standards and criteria being

15 developed by other national organizations and

16 recent research on assessment;

17 (ii) recommend needed research;

18 (iii) encourage the development and field

19 testing of assessments or systems of assessments;

20 and

21 (iv) provide a public forum for discussing,

22 debating, and building consensus for the criteria

23 to be used for the certification of assessments or

24 systems of assessments.
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1 (D) Prior to determining the certification cri2 teria described in this paragraph, the Council shall

3 take public comment on its proposed certification cri4 teria.

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

6 responsibilities under this title, the Council shall—

7 (1) work with Federal and non-Federal depart8 ments, agencies, or organizations that are conducting

9 research, studies, or demonstration projects to deter10 mine internationally competitive education standards

11 and assessments, and may establish subject matter

12 and other panels to advise the Council on particular

13 content, student performance, and opportunity-to14 learn standards and on assessments or systems of as15 sessments;

16 (2) establish cooperative arrangements with the

17 National Skill Standards Board to promote the co18 ordination of the development of content and student

19 performance standards under this title with the devel20 opment of skill standards described in title V;

21 (3) recommend studies to the Secretary that are

22 necessary to carry out the Council’s responsibilities;

23 (4) inform the public about what constitutes high

24 quality, internationally competitive, content, student
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1 performance, and opportunity-to-learn standards, and

2 assessments or systems of assessments;

3 (5) on a regular basis, review and update cri4 teria for certifying content, student performance, and

5 opportunity-to-learn standards, and assessments or

6 systems of assessments; and

7 (6) periodically recertify, as appropriate, the vol8 untary national content standards, the voluntary na9 tional student performance standards, and the vol10 untary national opportunity-to-learn standards.

11 (g) CONSTRUCTION.—Nothing in this Act shall be con12 strued to—

13 (1) require any State to have standards certified

14 pursuant to subsection (b) or (d) in order to partici15 pate in any Federal program; or

16 (2) create a legally enforceable right for any per17 son against a State, local educational agency, or

18 school based on a standard or assessment certified by

19 the Council or the criteria developed by the Council

20 for such certification.

21 SEC. 214. ANNUAL REPORTS.

22 Not later than 1 year after the date the Council con23 cludes its first meeting, and each year thereafter, the Coun24 cil shall prepare and submit a report regarding its work

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

2 Panel.

3 SEC. 215. POWERS OF THE COUNCIL.

4 (a) HEARINGS.—

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

6 purpose of carrying out its responsibilities, conduct

7 such hearings, sit and act at such times and places,

8 take such testimony, and receive such evidence, as the

9 Council considers appropriate.

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

11 Council shall conduct public hearings in different geo12 graphic areas of the United States, both urban and

13 rural, to receive the reports, views, and analyses of a

14 broad spectrum of experts and the public on the estab15 lishment of voluntary national content standards, vol16 untary national student performance standards, vol17 untary national opportunity-to-learn standards, and

18 assessments or systems of assessments described in sec19 tion 213(e).

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

21 from any department or agency of the Federal Government

22 information necessary to enable the Council to carry out

23 this part. Upon request of the Chairperson of the Council,

24 the head of such department or agency shall furnish such

25 information to the Council to the extent permitted by law.
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1 (c) POSTAL SERVICES.—The Council may use the

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

3 conditions as other departments and agencies of the Federal

4 Government.

5 (d) GIFTS; USE OF FACILITIES.—The Council may—

6 (1) accept, administer, and utilize gifts or dona7 tions of services, money, or property, whether real or

8 personal, tangible or intangible; and

9 (2) use the research, equipment, services, and fa10 cilities of any department, agency, or instrumentality

11 of the United States, or of any State or political sub12 division thereof with the consent of such department,

13 agency, instrumentality, State or subdivision, respec14 tively.

15 (e) ADMINISTRATIVE ARRANGEMENTS AND SUP16 PORT.—

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

18 the Council, on a reimbursable basis, such adminis19 trative support services as the Council may request.

20 (2) CONTRACTS AND OTHER ARRANGEMENTS.—

21 The Secretary, to the extent appropriate and on a re22 imbursable basis, shall enter into contracts and other

23 arrangements that are requested by the Council to

24 help the Council compile and analyze data or carry
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1 out other functions necessary to the performance of

2 the Council’s responsibilities.

3 SEC. 216. ADMINISTRATIVE PROVISIONS.

4 (a) MEETINGS.—The Council shall meet on a regular

5 basis, as necessary, at the call of the Chairperson of the

6 Council or a majority of its members.

7 (b) QUORUM.—A majority of the members shall con8 stitute a quorum for the transaction of business.

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

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

11 Council, ensuring the right of the minority to issue written

12 views. No individual may vote or exercise any of the powers

13 of a member by proxy.

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

15 access to its proceedings (other than proceedings, or por16 tions of proceedings, relating to internal personnel and

17 management matters) and shall make available to the pub18 lic, at reasonable cost, transcripts of such proceedings.

19 SEC. 217. DIRECTOR AND STAFF; EXPERTS AND CONSULT20 ANTS.

21 (a) DIRECTOR.—The Chairperson of the Council, with22 out regard to the provisions of title 5, United States Code,

23 relating to the appointment and compensation of officers

24 or employees of the United States, shall appoint a Director
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1 to be paid at a rate not to exceed the rate of basic pay

2 payable for level V of the Executive Schedule.

3 (b) APPOINTMENT AND PAY OF EMPLOYEES.—

4 (1) IN GENERAL.—(A) The Director may ap5 point not more than 4 additional employees to serve

6 as staff to the Council without regard to the provi7 sions of title 5, United States Code, governing ap8 pointments in the competitive service.

9 (B) The employees appointed under subpara10 graph (A) may be paid without regard to the provi11 sions of chapter 51 and subchapter III of chapter 53

12 of that title relating to classification and General

13 Schedule pay rates, but shall not be paid a rate that

14 exceeds the maximum rate of basic pay payable for

15 GS–15 of the General Schedule.

16 (2) ADDITIONAL EMPLOYEES.—The Director may

17 appoint additional employees to serve as staff of the

18 Council consistent with title 5, United States Code.

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

20 procure temporary and intermittent services under section

21 3109(b) of title 5, United States Code.

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

23 of the Council, the head of any department or agency of

24 the Federal Government may detail any of the personnel
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1 of such department or agency to the Council to assist the

2 Council in carrying out its duties under this part.

3 SEC. 218. OPPORTUNITY-TO-LEARN DEVELOPMENT GRANTS.

4 (a) OPPORTUNITY-TO-LEARN DEVELOPMENT

5 GRANTS.—

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

7 award more than one grant, on a competitive basis,

8 to consortia of individuals and organizations to en9 able such consortia to develop voluntary national op10 portunity-to-learn standards, and a listing of model

11 programs for use, on a voluntary basis, by States

12 in—

13 (A) assessing the capacity and performance

14 of individual schools; and

15 (B) developing appropriate actions to be

16 taken in the event that the schools fail to achieve

17 such standards.

18 (2) COMPOSITION OF CONSORTIUM.—To the ex19 tent possible, each consortium described in paragraph

20 (1) shall include the participation of—

21 (A) Governors (other than Governors serv22 ing on the Goals Panel);

23 (B) chief State school officers;
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1 (C) teachers, especially teachers involved in

2 the development of content standards, and relat3 ed services personnel;

4 (D) principals;

5 (E) superintendents;

6 (F) State and local school board members;

7 (G) curriculum and school reform experts;

8 (H) parents;

9 (I) State legislators;

10 (J) representatives of businesses;

11 (K) representatives of higher education;

12 (L) representatives of regional accrediting

13 associations;

14 (M) representatives of advocacy groups; and

15 (N) secondary school students.

16 (b) APPLICATIONS.—Each consortium that desires to

17 receive a grant under this subsection shall submit an appli18 cation to the Secretary at such time, in such manner, and

19 containing such information and assurances as the Sec20 retary may require.

21 (c) AWARD CONSIDERATION.—In establishing prior22 ities and selection criteria for awarding more than one

23 grant under this section, the Secretary shall give serious

24 consideration to the recommendations made by the Council

25 pursuant to section 213(c)(5)(A).
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1 PART C—LEADERSHIP IN EDUCATIONAL

2 TECHNOLOGY

3 SEC. 221. PURPOSES.

4 It is the purpose of this part to promote achievement

5 of the National Education Goals and—

6 (1) to provide leadership at the Federal level,

7 through the Department of Education, by developing

8 a national vision and strategy—

9 (A) to infuse technology and technology

10 planning into all educational programs and

11 training functions carried out within school sys12 tems at the State and local level;

13 (B) to coordinate educational technology ac14 tivities among the related Federal and State de15 partments or agencies, industry leaders, and in16 terested educational and parental organizations;

17 (C) to establish working guidelines to ensure

18 maximum interoperability nationwide and ease

19 of access for the emerging technologies so that no

20 school system will be excluded from the techno21 logical revolution; and

22 (D) to ensure that Federal technology-relat23 ed policies and programs facilitate the use of

24 technology in education;

25 (2) to promote awareness of the potential of tech26 nology for improving teaching and learning;
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1 (3) to support State and local efforts to increase

2 the effective use of technology for education;

3 (4) to demonstrate ways in which technology can

4 be used to improve teaching and learning, and to help

5 ensure that all students have an equal opportunity to

6 meet challenging State education standards;

7 (5) to ensure the availability and dissemination

8 of knowledge (drawn from research and experience)

9 that can form the basis for sound State and local de10 cisions about investment in, and effective uses of, edu11 cational technology;

12 (6) to promote high-quality professional develop13 ment opportunities for teachers and administrators

14 regarding the integration of technology into instruc15 tion and administration;

16 (7) to promote the effective uses of technology in

17 existing Federal education programs, such as chapter

18 1 of title I of the Elementary and Secondary Edu19 cation Act of 1965 and vocational education pro20 grams; and

21 (8) to monitor, and disseminate information re22 garding, advancements in technology to encourage the

23 development of effective educational uses of technology.

24 SEC. 222. FEDERAL LEADERSHIP.

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

2 leadership that promotes higher student achievement

3 through the use of technology in education and to

4 achieve the purposes of this part, the Secretary, in

5 consultation with the Office of Science and Tech6 nology Policy, the National Science Foundation, the

7 Department of Commerce, the Department of Energy,

8 the National Aeronautics and Space Administration,

9 and other appropriate Federal departments or agen10 cies, may carry out activities designed to achieve the

11 purposes of this part.

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

13 carrying out coordinated or joint activities to achieve

14 the purposes of this part, the Secretary may accept

15 funds from, and transfer funds to, other Federal de16 partments or agencies.

17 (b) NATIONAL LONG-RANGE TECHNOLOGY PLAN.—

18 (1) IN GENERAL.—The Secretary shall develop

19 and publish within 12 months of the date of enact20 ment of this Act, and update when the Secretary de21 termines appropriate, a national long-range plan that

22 supports the overall national technology policy and

23 carries out the purposes of this part.

24 (2) PLAN REQUIREMENTS.—The Secretary

25 shall—
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1 (A) develop the national long-range plan in

2 consultation with other Federal departments or

3 agencies, State and local education practitioners

4 and policymakers, experts in technology and the

5 educational applications of technology, represent6 atives of a distance learning consortia, represent7 atives of telecommunications partnerships receiv8 ing assistance under the Star Schools Program

9 Assistance Act, and providers of technology serv10 ices and products;

11 (B) transmit such plan to the President and

12 to the appropriate committees of the Congress;

13 and

14 (C) publish such plan in a form that is

15 readily accessible to the public.

16 (3) CONTENTS OF THE PLAN.—The national

17 long-range plan shall describe the Secretary’s activi18 ties to promote the purposes of this part, including—

19 (A) how the Secretary will encourage the ef20 fective use of technology to provide all students

21 the opportunity to achieve challenging State con22 tent standards and challenging State student

23 performance standards, especially through pro24 grams administered by the Department of Edu25 cation;
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1 (B) joint activities in support of the overall

2 national technology policy with other Federal de3 partments or agencies, such as the Office of

4 Science and Technology Policy, the National En5 dowment for the Humanities, the National En6 dowment for the Arts, the National Aeronautics

7 and Space Administration, the National Science

8 Foundation, and the Departments of Commerce,

9 Energy, Health and Human Services, and

10 Labor—

11 (i) to promote the use of technology in

12 education, and training and lifelong learn13 ing, including plans for the educational

14 uses of a national information infrastruc15 ture; and

16 (ii) to ensure that the policies and pro17 grams of such departments or agencies fa18 cilitate the use of technology for educational

19 purposes, to the extent feasible;

20 (C) how the Secretary will work with edu21 cators, State and local educational agencies, and

22 appropriate representatives of the private sector

23 to facilitate the effective use of technology in edu24 cation;

25 (D) how the Secretary will promote—
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1 (i) higher achievement of all students

2 through the integration of technology into

3 the curriculum;

4 (ii) increased access to the benefits of

5 technology for teaching and learning for

6 schools with a high concentration of chil7 dren from low-income families;

8 (iii) the use of technology to assist in

9 the implementation of State systemic reform

10 strategies;

11 (iv) the application of technological

12 advances to use in education; and

13 (v) increased opportunities for the pro14 fessional development of teachers in the use

15 of new technologies;

16 (E) how the Secretary will determine, in

17 consultation with appropriate individuals, orga18 nizations, industries, and agencies, the feasibility

19 and desirability of establishing guidelines to fa20 cilitate an easy exchange of data and effective

21 use of technology in education;
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1 (F) how the Secretary will utilize the out2 comes of the evaluation undertaken pursuant to

3 section 908 of the Star Schools Program Assist4 ance Act to promote the purposes of this part;

5 and

6 (G) the Secretary’s long-range measurable

7 goals and objectives relating to the purposes of

8 this part.

9 (c) ASSISTANCE.—The Secretary shall provide assist10 ance to the States to enable such States to plan effectively

11 for the use of technology in all schools throughout the State

12 in accordance with the purpose and requirements of section

13 316.

14 SEC. 223. OFFICE OF EDUCATIONAL TECHNOLOGY.

15 (a) AMENDMENT TO THE DEPARTMENT OF EDUCATION

16 ORGANIZATION ACT.—Title II of the Department of Edu17 cation Organization Act (20 U.S.C. 3411 et seq.) is amend18 ed by adding at the end the following new section:

19 ‘‘OFFICE OF EDUCATIONAL TECHNOLOGY

20 ‘‘SEC. 216. There shall be in the Department of Edu21 cation an Office of Educational Technology, to be adminis22 tered by the Director of Educational Technology. The Direc23 tor of Educational Technology shall report directly to the

24 Secretary and shall perform such additional functions as

25 the Secretary may prescribe. Such Office shall be established
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1 in accordance with section 405A of the General Education

2 Provisions Act.’’.

3 (b) AMENDMENT TO THE GENERAL EDUCATION PROVI4 SIONS ACT.—Part A of the General Education Provisions

5 Act (20 U.S.C. 1221c et seq.) is amended by inserting after

6 section 405 the following new section:

7 ‘‘SEC. 405A. OFFICE OF EDUCATIONAL TECHNOLOGY.

8 ‘‘(a) ESTABLISHMENT.—The Secretary shall establish

9 an Office of Educational Technology (hereafter in this sec10 tion referred to as the ‘Office’).

11 ‘‘(b) FUNCTIONS OF THE OFFICE.—The Director of the

12 Office of Educational Technology (hereafter in this section

13 referred to as the ‘Director’), through the Office, shall—

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

15 policy and in consultation with other Federal depart16 ments or agencies which the Director determines ap17 propriate, provide leadership to the Nation in the use

18 of technology to promote achievement of the National

19 Education Goals and to increase opportunities for all

20 students to achieve challenging State content and

21 challenging State student performance standards;

22 ‘‘(2) review all programs and training functions

23 administered by the Department and recommend

24 policies in order to promote increased use of tech-
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1 nology and technology planning throughout all such

2 programs and functions;

3 ‘‘(3) review all relevant programs supported by

4 the Department to ensure that such programs are co5 ordinated with and support the national long-range

6 technology plan developed pursuant to this Act; and

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

8 Secretary may require.

9 ‘‘(c) PERSONNEL.—The Director is authorized to select,

10 appoint, and employ such officers and employees as may

11 be necessary to carry out the functions of the Office, subject

12 to the provisions of title 5, United States Code (governing

13 appointments in the competitive service), and the provi14 sions of chapter 51 and subchapter III of chapter 53 of such

15 title (relating to classification and General Schedule pay

16 rates.

17 ‘‘(d) EXPERTS AND CONSULTANTS.—The Secretary

18 may obtain the services of experts and consultants in ac19 cordance with section 3109 of title 5, United States Code.’’.

20 (c) COMPENSATION OF THE DIRECTOR.—Section 5315

21 of title 5, United States Code, is amended by adding at

22 the end the following:

23 ‘‘Director of the Office of Educational Tech24 nology.’’.
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1 SEC. 224. USES OF FUNDS.

2 (a) IN GENERAL.—The Secretary shall use funds ap3 propriated pursuant to the authority of section 231(d) for

4 activities designed to carry out the purpose of this part,

5 including—

6 (1) providing assistance to technical assistance

7 providers to enable such providers to improve sub8 stantially the services such providers offer to edu9 cators regarding the educational uses of technology,

10 including professional development;

11 (2) consulting with representatives of industry,

12 elementary and secondary education, higher edu13 cation, and appropriate experts in technology and the

14 educational applications of technology, in carrying

15 out the activities assisted under this part;

16 (3) research on, and the development of, guide17 lines to facilitate maximum interoperability, effi18 ciency and easy exchange of data for effective use of

19 technology in education;

20 (4) research on, and the development of, edu21 cational applications of the most advanced and newly

22 emerging technologies;

23 (5) the development, demonstration, and evalua24 tion of applications of existing technology in pre25 school education, elementary and secondary edu-
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1 cation, training and lifelong learning, and profes2 sional development of educational personnel;

3 (6) the development and evaluation of software

4 and other products, including multimedia television

5 programming, that incorporate advances in tech6 nology and help achieve the National Education

7 Goals, challenging State content standards and chal8 lenging State student performance standards;

9 (7) the development, demonstration, and evalua10 tion of model strategies for preparing teachers and

11 other personnel to use technology effectively to im12 prove teaching and learning;

13 (8) the development of model programs that dem14 onstrate the educational effectiveness of technology in

15 urban and rural areas and economically distressed

16 communities;

17 (9) research on, and the evaluation of, the effec18 tiveness and benefits of technology in education giving

19 priority to research on, and evaluation of, such effec20 tiveness and benefits in elementary and secondary

21 schools;

22 (10) a biannual assessment of, and report to the

23 public regarding, the uses of technology in elementary

24 and secondary education throughout the United

25 States upon which private businesses and Federal,
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1 State and local governments may rely for decision2 making about the need for, and provision of, appro3 priate technologies in schools, which assessment and

4 report shall use, to the extent possible, existing infor5 mation and resources;

6 (11) conferences on, and dissemination of infor7 mation regarding, the uses of technology in education;

8 (12) the development of model strategies to pro9 mote gender equity in the use of technology;

10 (13) encouraging collaboration between the De11 partment of Education and other Federal agencies in

12 the development, implementation, evaluation and

13 funding of applications of technology for education,

14 as appropriate; and

15 (14) such other activities as the Secretary deter16 mines will meet the purposes of this part.

17 (b) SPECIAL RULES.—

18 (1) IN GENERAL.—The Secretary shall carry out

19 the activities described in subsection (a) directly or by

20 grant or contract.

21 (2) GRANTS AND CONTRACTS.—Each grant or

22 contract under this part shall be awarded—

23 (A) on a competitive basis; and

24 (B) pursuant to a peer review process.
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1 SEC. 225. NON-FEDERAL SHARE.

2 (a) IN GENERAL.—Subject to subsections (b) and (c),

3 the Secretary may require any recipient of a grant or con4 tract under this part to share in the cost of the activities

5 assisted under such grant or contract, which non-Federal

6 share shall be announced through a notice in the Federal

7 Register and may be in the form of cash or in-kind con8 tributions, fairly valued.

9 (b) INCREASE.—The Secretary may increase the non10 Federal share that is required of a recipient of a grant or

11 contract under this part after the first year such recipient

12 receives funds under such grant or contract.

13 (c) MAXIMUM.—The non-Federal share required under

14 this section shall not exceed 50 percent of the cost of the

15 activities assisted pursuant to a grant or contract under

16 this part.

17 SEC. 226. OFFICE OF TRAINING TECHNOLOGY TRANSFER.

18 (a) TRANSFER.—

19 (1) IN GENERAL.—The Office of Training Tech20 nology Transfer as established under section 6103 of

21 the Training Technology Transfer Act of 1988 (20

22 U.S.C. 5093) is transferred to the Office of Edu23 cational Technology.

24 (2) TECHNICAL AMENDMENT.—The first sentence

25 of section 6103(a) of the Training Technology Trans26 fer Act of 1988 (20 U.S.C. 5093(a)) is amended by
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1 striking ‘‘Office of Educational Research and Im2 provement’’ and inserting ‘‘Office of Educational

3 Technology’’.

4 (b) AUTHORIZATION OF APPROPRIATIONS.—The

5 Training Technology Transfer Act of 1988 (20 U.S.C. 5091

6 et seq.) is amended by adding at the end the following new

7 section:

8 ‘‘SEC. 6108. AUTHORIZATION OF APPROPRIATIONS.

9 ‘‘There are authorized to be appropriated $3,000,000

10 for fiscal year 1995, and such sums as may be necessary

11 for each of the fiscal years 1996 through 1999, to carry out

12 this chapter.’’.

13 PART D—AUTHORIZATION OF APPROPRIATIONS

14 SEC. 231. AUTHORIZATION OF APPROPRIATIONS.

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

16 authorized to be appropriated $3,000,000 for fiscal year

17 1994, and such sums as may be necessary for each of the

18 4 succeeding fiscal years, to carry out part A.

19 (b) NATIONAL EDUCATION STANDARDS AND IMPROVE20 MENT COUNCIL.—There are authorized to be appropriated

21 $3,000,000 for fiscal year 1994, and such sums as may be

22 necessary for each of the 4 succeeding fiscal years, to carry

23 out part B.

24 (c) OPPORTUNITY-TO-LEARN DEVELOPMENT

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

2 necessary for fiscal year 1995, to carry out section 219.

3 (d) LEADERSHIP IN EDUCATIONAL TECHNOLOGY.—

4 There are authorized to be appropriated $5,000,000 for the

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

6 each of the fiscal years 1995 through 1998, to carry out

7 part C.

8 TITLE III—STATE AND LOCAL

9 EDUCATION SYSTEMIC IM10 PROVEMENT

11 SEC. 301. FINDINGS.

12 The Congress finds that—

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

14 must realize their potential if the United States is to

15 prosper;

16 (2) the reforms in education from 1977 through

17 1992 have achieved some good results, but such reform

18 efforts often have been limited to a few schools or to

19 a single part of the educational system;

20 (3) leadership must come from teachers, related

21 services personnel, principals, and parents in individ22 ual schools, and from policymakers at the local, State,

23 tribal, and national levels, in order for lasting im24 provements in student performance to occur;
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1 (4) simultaneous top-down and bottom-up edu2 cation reform is necessary to spur creative and inno3 vative approaches by individual schools to help all

4 students achieve internationally competitive stand5 ards;

6 (5) strategies must be developed by communities

7 and States to support the revitalization of all local

8 public schools by fundamentally changing the entire

9 system of public education through comprehensive, co10 herent, and coordinated improvement;

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

12 and business, community, and tribal leaders, must be

13 involved in developing system-wide improvement

14 strategies that reflect the needs of their individual

15 communities;

16 (7) all students are entitled to teaching practices

17 that are in accordance with accepted standards of

18 professional practice and that hold the greatest prom19 ise of improving student performance;

20 (8) all students are entitled to participate in a

21 broad and challenging curriculum and to have access

22 to resources sufficient to address other education

23 needs;

24 (9) State and local education improvement ef25 forts must incorporate strategies for providing stu-
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1 dents and families with coordinated access to appro2 priate social services, health care, nutrition, early

3 childhood education, and child care to remove pre4 ventable barriers to learning and enhance school read5 iness for all students;

6 (10) States and local educational agencies, work7 ing together, must immediately set about developing

8 and implementing such system-wide improvement

9 strategies if our Nation is to educate all children to

10 meet their full potential and achieve the National

11 Education Goals described in title I;

12 (11) State and local systemic improvement strat13 egies must provide all students with effective mecha14 nisms and appropriate paths to the work force as well

15 as to higher education;

16 (12) businesses should be encouraged—

17 (A) to enter into partnerships with schools;

18 (B) to provide information and guidance to

19 schools based on the needs of area businesses for

20 properly educated graduates in general and on

21 the need for particular workplace skills that the

22 schools may provide;

23 (C) to provide necessary education and

24 training materials and support; and
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1 (D) to continue the lifelong learning process

2 throughout the employment years of an individ3 ual;

4 (13) the appropriate and innovative use of tech5 nology, including distance learning, can be very effec6 tive in helping to provide all students with the oppor7 tunity to learn and meet high standards;

8 (14) Federal funds should be targeted to support

9 State and local initiatives, and to leverage State and

10 local resources for designing and implementing sys11 tem-wide education improvement plans; and

12 (15) quality education management services are

13 being utilized by local educational agencies and

14 schools through contractual agreements between local

15 educational agencies or schools and such businesses.

16 SEC. 302. PURPOSE.

17 It is the purpose of this title to—

18 (1) improve the quality of education for all stu19 dents by supporting a long-term, broad-based effort to

20 provide coherent and coordinated improvements in

21 the system of education throughout our Nation at the

22 State and local levels;

23 (2) provide new authorities and funding for our

24 Nation’s school systems;
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1 (3) not replace or reduce funding for existing

2 Federal education programs; and

3 (4) ensure that no State or local educational

4 agency will reduce its funding for education or for

5 education reform on account of receiving any funds

6 under this title.

7 SEC. 303. AUTHORIZATION OF APPROPRIATIONS.

8 There are authorized to be appropriated $400,000,000

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

10 for each of the fiscal years 1995 through 1998, to carry out

11 this title.

12 SEC. 304. ALLOTMENT OF FUNDS.

13 (a) RESERVATIONS OF FUNDS.—From funds appro14 priated pursuant to the authority of section 303 in each

15 fiscal year, the Secretary—

16 (1) shall reserve a total of 1 percent to provide

17 assistance, in amounts determined by the Secretary—

18 (A) to the outlying areas;

19 (B) to the Secretary of the Interior to bene20 fit Indian students in schools operated or funded

21 by the Bureau of Indian Affairs; and

22 (C) to the Alaska Federation of Natives in

23 cooperation with the Alaska Native Education

24 Council to benefit Alaska Native students; and
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1 (2) may reserve a total of not more than 4 per2 cent for—

3 (A) national leadership activities under

4 subsections (a), (b) and (d) of section 313; and

5 (B) the costs of peer review of State im6 provement plans and applications under this

7 title.

8 (b) STATE ALLOTMENTS.—From the amount appro9 priated under section 303 and not reserved under subsection

10 (a) in each fiscal year the Secretary shall make allotments

11 to State educational agencies as follows:

12 (1) 50 percent of such amount shall be allocated

13 in accordance with the relative amounts each State

14 would have received under chapter 1 of title I of the

15 Elementary and Secondary Education Act of 1965 for

16 the preceding fiscal year if funds under such chapter

17 in such preceding fiscal year were not reserved for the

18 outlying areas.

19 (2) 50 percent of such amount shall be allocated

20 in accordance with the relative amounts each State

21 would have received under part A of chapter 2 of title

22 I of the Elementary and Secondary Education Act of

23 1965 for the preceding fiscal year if funds under such

24 chapter in such preceding fiscal year were not re25 served for the outlying areas.
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1 (c) REALLOTMENTS.—If the Secretary determines that

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

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

4 such fiscal year by the State, the Secretary shall reallot such

5 amount to other State educational agencies that need addi6 tional funds, in such manner as the Secretary determines

7 is appropriate.

8 (d) MAINTENANCE OF EFFORT.—Each recipient of

9 funds under this title, in utilizing the proceeds of an allot10 ment received under this title, shall maintain the expendi11 tures of such recipient for the activities assisted under this

12 title at a level equal to not less than the level of such expend13 itures maintained by such recipient for the fiscal year pre14 ceding the fiscal year for which such allotment is received,

15 except that provisions of this section shall not apply in any

16 fiscal year in which the amount appropriated to carry out

17 this title is less than the amount appropriated to carry out

18 this title in the preceding fiscal year.

19 (e) SUPPLEMENT NOT SUPPLANT.—Each recipient of

20 funds under this title, may use the proceeds of an allotment

21 received under this title only so as to supplement and, to

22 the extent practicable, increase the level of funds that would,

23 in the absence of such Federal funds, be made available from

24 non-Federal sources for the activities assisted under this

25 title.
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1 SEC. 305. STATE APPLICATIONS.

2 (a) APPLICATION.—

3 (1) IN GENERAL.—Each State educational agen4 cy that desires to receive an allotment under this title

5 shall submit an application to the Secretary at such

6 time and in such manner as the Secretary may deter7 mine.

8 (2) ADDITIONAL INFORMATION.—In addition to

9 the information described in subsections (b) and (c),

10 each such application shall include—

11 (A) an assurance that the State educational

12 agency will cooperate with the Secretary in car13 rying out the Secretary’s responsibilities under

14 section 313, and will comply with reasonable re15 quests of the Secretary for data related to the

16 State’s progress in developing and implementing

17 its State improvement plan under this title;

18 (B) an assurance that State law provides

19 adequate authority to carry out each component

20 of the State’s improvement plan developed, or to

21 be developed, under section 306, or that such au22 thority will be sought; and

23 (C) such other assurances and information

24 as the Secretary may require.

25 (b) FIRST YEAR.—A State educational agency’s appli26 cation for the first year of assistance under this title shall—
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1 (1) describe the process by which the State edu2 cational agency will develop a school improvement

3 plan that meets the requirements of section 306; and

4 (2) describe how the State educational agency

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

6 including how such agency will make subgrants to

7 local educational agencies in accordance with section

8 309(a), and how such agency will use funds received

9 under this title for education preservice programs and

10 professional development activities in accordance with

11 section 309(b).

12 (c) SUBSEQUENT YEARS.—A State educational agen13 cy’s application for the second year of assistance under this

14 title shall—

15 (1) cover the second through fifth years of the

16 State’s participation;

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

18 plan that meets the requirements of section 306, or if

19 the State improvement plan is not complete, a state20 ment of the steps the State will take to complete the

21 plan and a schedule for doing so; and

22 (3) include an explanation of how the State edu23 cational agency will use funds received under this

24 title, including how such agency will make subgrants

25 to local educational agencies in accordance with sec-
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1 tion 309(a), and how such agency will use such funds

2 received under this title for education preservice pro3 grams and professional development activities in ac4 cordance with section 309(b).

5 SEC. 306. STATE IMPROVEMENT PLANS.

6 (a) BASIC SCOPE OF PLAN.—Any State educational

7 agency that desires to receive an allotment under this title

8 after its first year of participation shall develop and imple9 ment a State improvement plan for the improvement of ele10 mentary and secondary education in the State.

11 (b) PLAN DEVELOPMENT.—

12 (1) IN GENERAL.—A State improvement plan

13 under this title shall be developed by a broad-based

14 State panel in cooperation with the State educational

15 agency and the Governor. The panel shall include—

16 (A) the Governor and the chief State school

17 officer, or their designees;

18 (B) the chairperson of the State board of

19 education and the chairpersons of the appro20 priate authorizing committees of the State legis21 lature, or their designees;

22 (C) school teachers, related services person23 nel, principals, and administrators who have

24 successfully improved student performance; and
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1 (D) representatives of teachers’ organiza2 tions, organizations serving young children, par3 ents, secondary school students, business and

4 labor leaders, community-based organizations of

5 demonstrated effectiveness, institutions of higher

6 education, private, nonprofit elementary and sec7 ondary schools, local boards of education, State

8 and local officials, tribal agencies, as appro9 priate, and others.

10 (2) APPOINTMENT.—The Governor and the chief

11 State school officer shall each appoint half the mem12 bers of the panel and shall jointly select the Chair13 person of the panel and the representative of a pri14 vate, nonprofit elementary and secondary school de15 scribed in paragraph (1)(D).

16 (3) REPRESENTATION.—The membership of the

17 panel shall be geographically representative of the

18 State and reflect the diversity of the population of the

19 State with regard to race, ethnicity, gender and dis20 ability characteristics.

21 (4) CONSULTATION.—The panel shall consult the

22 Governor, the chief State school officer, the State

23 board of education, and relevant committees of the

24 State legislature in developing the State improvement

25 plan.
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1 (5) OUTREACH.—The panel shall be responsible

2 for conducting a statewide, grassroots outreach proc3 ess, including conducting public hearings, to involve

4 educators, related services personnel, parents, local of5 ficials, tribal government officials, as appropriate, in6 dividuals representing private nonprofit elementary

7 and secondary schools, community and business lead8 ers, citizens, children’s advocates, secondary school

9 students, and others with a stake in the success of stu10 dents and their education system, and who are rep11 resentative of the diversity of the State and the State’s

12 student population, including students of limited13 English proficiency, American Indian, Alaska Native,

14 and Native Hawaiian students, and students with

15 disabilities, in the development of the State improve16 ment plan and in a continuing dialogue regarding

17 the need for and nature of challenging standards for

18 students and local and State responsibilities for help19 ing all students achieve such standards in order to as20 sure that the development and implementation of the

21 State improvement plan reflects local needs and expe22 riences and does not result in a significant increase

23 in paperwork for teachers.

24 (6) PROCEDURE AND APPROVAL.—The panel

25 shall develop a State improvement plan, provide op-
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1 portunity for public comment, and submit such plan

2 to the State educational agency for approval.

3 (7) SUBMISSION.—The State educational agency

4 shall submit the original State improvement plan de5 veloped by the panel and the State improvement plan

6 modified by such agency, together with an expla7 nation of any changes made by such agency to the

8 plan developed by the panel, to the Secretary for ap9 proval.

10 (8) MATTERS NOT UNDER THE JURISDICTION OF

11 THE STATE EDUCATIONAL AGENCY.—If any portion of

12 a State improvement plan addresses matters that,

13 under State or other applicable law, are not under the

14 authority of the State educational agency, the State

15 educational agency shall obtain the approval of, or

16 changes to, such portion, with an explanation thereof,

17 from the Governor or other official responsible for that

18 portion before submitting such plan to the Secretary.

19 (9) MONITORING; REVISIONS; REPORTING.—After

20 approval of the State improvement plan by the Sec21 retary, the panel shall be informed of progress on such

22 plan by the State educational agency, and such agen23 cy, in close consultation with teachers, principals, ad24 ministrators, advocates and parents in local edu25 cational agencies and schools receiving funds under
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1 this title, shall monitor the implementation and oper2 ation of such plan. The panel shall review such plan,

3 and based on the progress described in the preceding

4 sentence, determine if revisions to such plan are ap5 propriate and necessary. The panel shall periodically

6 report such determination to the public.

7 (c) TEACHING, LEARNING, STANDARDS, AND ASSESS8 MENTS.—Each State improvement plan shall establish

9 strategies for meeting the National Education Goals de10 scribed in title I by improving teaching and learning and

11 students’ mastery of basic and advanced skills to achieve

12 a higher level of learning and academic accomplishment in

13 English, math, science, United States history, geography,

14 foreign languages and the arts, civics, government, econom15 ics, physics, and other core curricula, and such strategies

16 shall involve broad-based and ongoing classroom teacher

17 input, such as—

18 (1) a process for developing or adopting chal19 lenging State content standards and challenging State

20 student performance standards for all students;

21 (2) a process for providing assistance and sup22 port to local educational agencies and schools to

23 strengthen the capacity and responsibility of such

24 agencies and schools to provide all of their students

25 the opportunity to meet challenging State content
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1 standards and challenging State student performance

2 standards;

3 (3) a process for developing or recommending in4 structional materials and technology to support and

5 assist local educational agencies and schools to pro6 vide all of their students the opportunity to meet the

7 challenging State content standards and challenging

8 State student performance standards;

9 (4) a process for developing and implementing a

10 valid, fair, nondiscriminatory, and reliable assess11 ment or system of assessments—

12 (A) which assessment or system shall—

13 (i) be aligned with such State’s content

14 standards;

15 (ii) involve multiple measures of stu16 dent performance;

17 (iii) provide for—

18 (I) the participation of all stu19 dents with diverse learning needs in

20 such assessment or system; and

21 (II) the adaptations and accom22 modations necessary to permit such

23 participation;

24 (iv) be consistent with relevant, na25 tionally recognized professional and tech-
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1 nical standards for such assessment or sys2 tem;

3 (v) be capable of providing coherent in4 formation about student attainments rel5 ative to the State content standards; and

6 (vi) support effective curriculum and

7 instruction; and

8 (B) which process shall provide for monitor9 ing the implementation of such assessment, sys10 tem or set and the impact of such assessment,

11 system or set on improved instruction for all stu12 dents; and

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

14 teacher and school administrator preparation and li15 censure, and of continuing professional development

16 programs, including the use of technology at both the

17 State and local levels, so that all teachers, related

18 services personnel, and administrators develop the

19 subject matter and pedagogical expertise needed to

20 prepare all students to meet the challenging standards

21 described in paragraph (1).

22 (d) OPPORTUNITY-TO-LEARN STRATEGIES.—Each

23 State improvement plan shall establish strategies for pro24 viding all students with an opportunity to learn.
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1 (e) ACCOUNTABILITY AND MANAGEMENT.—Each State

2 plan shall establish strategies for improved accountability

3 and management of the education system of the State.

4 (f) PARENTAL AND COMMUNITY SUPPORT AND IN5 VOLVEMENT.—Each State improvement plan shall describe

6 comprehensive strategies to involve communities, including

7 community representatives such as parents, businesses, in8 stitutions of higher education, libraries, cultural institu9 tions, employment and training agencies, health and

10 human service agencies, intergenerational mentoring pro11 grams, and other public and private nonprofit agencies that

12 provide nonsectarian social services, health care, child care,

13 early childhood education, and nutrition to students, in

14 helping all students meet the challenging State standards.

15 (g) MAKING THE IMPROVEMENTS SYSTEM-WIDE.—In

16 order to help provide all students throughout the State the

17 opportunity to meet challenging State content standards

18 and challenging State student performance standards, each

19 State improvement plan shall describe the various strategies

20 for ensuring that all local educational agencies and schools

21 within the State are involved in developing and implement22 ing needed improvements within a specified period of time.

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

24 improvement plan shall include strategies for ensuring that

25 comprehensive, systemic reform is promoted from the bot-
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1 tom up in communities, local educational agencies, and

2 schools, and is guided by coordination and facilitation from

3 State leaders.

4 (i) BENCHMARKS AND TIMELINES.—Each State im5 provement plan shall include specific benchmarks of im6 proved student performance and of progress in implement7 ing such plan, and timelines against which the progress of

8 the State in carrying out such plan, including the elements

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

10 (j) PEER REVIEW AND SECRETARIAL APPROVAL.—

11 (1) IN GENERAL.—(A) The Secretary shall re12 view, within a reasonable period of time, each State

13 improvement plan prepared under this section, and

14 each application submitted under section 305,

15 through a peer review process involving the assistance

16 and advice of State and local education policymakers,

17 educators, classroom teachers, related services person18 nel, experts on educational innovation and improve19 ment, parents, advocates, and other appropriate indi20 viduals. Such peer review process shall be representa21 tive of the diversity of the United States with regard

22 to geography, race, ethnicity, gender and disability

23 characteristics. Such peer review process shall include

24 at least 1 site visit to each State.
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1 (B) Notwithstanding the provisions of subpara2 graph (A), in the first year that a State educational

3 agency submits an application for assistance under

4 this title the Secretary shall not be required to—

5 (i) review such application through a peer

6 review process; and

7 (ii) conduct a site visit.

8 (2) APPROVAL OF PLAN.—The Secretary shall

9 approve a State improvement plan if—

10 (A) such plan is submitted to the Secretary

11 not later than 2 years after the date the State

12 educational agency receives its first allotment

13 under section 304(b); and

14 (B) the Secretary determines, after consider15 ing the peer reviewers’ comments, that such

16 plan—

17 (i) reflects a widespread commitment

18 within the State; and

19 (ii) holds reasonable promise of helping

20 all students.

21 (3) DISAPPROVAL.—The Secretary shall not dis22 approve a State’s plan, or any State application sub23 mitted under section 305, before offering the State—

24 (A) an opportunity to revise such plan or

25 application; and
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1 (B) a hearing.

2 (k) AMENDMENTS TO PLAN.—

3 (1) IN GENERAL.—Each State educational agen4 cy shall periodically review its State improvement

5 plan and revise such plan, as appropriate, in accord6 ance with the process described in subsection (b).

7 (2) REVIEW.—The Secretary shall review any

8 major amendment to a State improvement plan and

9 shall not disapprove any such amendment before of10 fering a State educational agency—

11 (A) an opportunity to revise such amend12 ment; and

13 (B) a hearing.

14 (l) PREEXISTING STATE PLANS AND PANELS.—

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

16 comprehensive and systemic State improvement plan

17 to help all students meet challenging State content

18 standards and challenging State student performance

19 standards, or any component of such plan, that meets

20 the intent and purposes of section 302, the Secretary

21 shall approve such plan or component notwithstand22 ing that such plan was not developed in accordance

23 with subsection (b), if—
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1 (A) the Secretary determines that such ap2 proval would further the purposes of State sys3 temic education improvement; and

4 (B) such plan ensures broad-based input

5 from various education, political, community,

6 and other appropriate representatives.

7 (2) SPECIAL RULE.—(A) If, before the date of en8 actment of this Act, a State has made substantial

9 progress in developing a plan that meets the intent

10 and purposes of section 302, but was developed by a

11 panel that does not meet the requirements of para12 graphs (1) through (3) of subsection (b), the Secretary

13 shall, at the request of the Governor and the State

14 educational agency, treat such panel as meeting such

15 requirements for all purposes of this title if the Sec16 retary determines that there has been substantial pub17 lic and educator involvement in the development of

18 such plan.

19 (B) If a State has not developed a State im20 provement plan but has an existing panel which such

21 State would like to use for the purpose of developing

22 such plan, then the Secretary shall, at the request of

23 the Governor and the State educational agency, treat

24 such panel as meeting the requirements of paragraphs
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1 (1) through (3) of subsection (b) for all purposes of

2 this title if—

3 (i) the Secretary determines that such exist4 ing panel is serving a similar such purpose; and

5 (ii) the composition of such existing panel

6 would ensure broad-based input from various

7 education, political, community, and other ap8 propriate representatives.

9 SEC. 307. SECRETARY’S REVIEW OF APPLICATIONS; PAY10 MENTS.

11 (a) FIRST YEAR.—The Secretary shall approve the

12 State educational agency’s initial year application under

13 section 305(b) if the Secretary determines that—

14 (1) such application meets the requirements of

15 this title; and

16 (2) there is a substantial likelihood that the

17 State will be able to develop and implement an edu18 cation improvement plan that complies with section

19 306.

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

21 shall approve the State educational agency’s renewal appli22 cation under section 305(c)(1) in the second through fifth

23 years of participation only if—

24 (1)(A) the Secretary has approved the State im25 provement plan under section 306(j); or
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1 (B) the Secretary determines that the State has

2 made substantial progress in developing its State im3 provement plan and will implement such plan not

4 later than the end of the second year of participation;

5 and

6 (2) the application meets the other requirements

7 of this title.

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

9 has an approved application under this title, the Secretary

10 shall provide an allotment to the State educational agency

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

12 SEC. 308. STATE USE OF FUNDS.

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

14 educational agency receives an allotment under this title,

15 such agency—

16 (1) if the amount appropriated pursuant to the

17 authority of section 303 for such year is equal to or

18 greater than $200,000,000, shall use at least 75 per19 cent of such allotted funds to award subgrants—

20 (A) to local educational agencies for the de21 velopment or implementation of local improve22 ment plans in accordance with section 309(a);

23 and

24 (B) to improve educator and related services

25 personnel preservice programs and for profes-
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1 sional development activities consistent with the

2 State improvement plan and in accordance with

3 section 309(b);

4 (2) if the amount appropriated pursuant to the

5 authority of section 303 for such year is equal to or

6 greater than $100,000,000, but less than

7 $200,000,000, shall use at least 50 percent of such al8 lotted funds to award subgrants described in subpara9 graphs (A) and (B) of paragraph (1);

10 (3) if the amount appropriated pursuant to the

11 authority of section 303 for such year is less than

12 $100,000,000, may use such allotted funds to award

13 subgrants described in subparagraphs (A) and (B) of

14 paragraph (1); and

15 (4) shall use any such allotted funds not used in

16 accordance with paragraphs (1), (2), and (3) to de17 velop, revise, expand, or implement a State improve18 ment plan described in section 306.

19 (b) SUCCEEDING YEARS.—Each State educational

20 agency that receives an allotment under this title for any

21 year after the first year of participation shall—

22 (1) use at least 85 percent of such allotment

23 funds in each such year to make subgrants—
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1 (A) for the implementation of the State im2 provement plan and of local improvement plans

3 in accordance with section 309(a); and

4 (B) to improve educator and related services

5 personnel preservice programs and for profes6 sional development activities that are consistent

7 with the State improvement plan in accordance

8 with section 309(b); and

9 (2) shall use the remainder of such allotted funds

10 for State activities designed to implement the State

11 improvement plan, such as—

12 (A) supporting the development or adoption

13 of challenging State content standards, challeng14 ing State student performance standards, com15 prehensive State opportunity-to-learn standards,

16 and assessment tools linked to the standards, in17 cluding activities assisted—

18 (i) through consortia of States; or

19 (ii) with the assistance of the National

20 Education Standards and Improvement

21 Council established under part B of title II;

22 (B) supporting the implementation of high23 performance management and organizational

24 strategies, such as site-based management, shared

25 decisionmaking, or quality management prin-
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1 ciples, to promote effective implementation of

2 such plan;

3 (C) supporting the development and imple4 mentation, at the local educational agency and

5 school building level, of improved human re6 source development systems for recruiting, select7 ing, mentoring, supporting, evaluating and re8 warding educators;

9 (D) providing special attention to the needs

10 of minority, disabled, and female students, in11 cluding instructional programs and activities

12 that encourage such students in elementary and

13 secondary schools to aspire to enter and complete

14 postsecondary education or training;

15 (E) supporting innovative and proven

16 methods of enhancing a teacher’s ability to iden17 tify student learning needs, and motivating stu18 dents to develop higher order thinking skills, dis19 cipline, and creative resolution methods, includ20 ing significantly reducing class size and promot21 ing instruction in chess;

22 (F) supporting the development, at the

23 State or local level, of performance-based ac24 countability and incentive systems for schools;
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1 (G) outreach to and training for parents,

2 tribal officials, organizations serving young chil3 dren, classroom teachers, related services person4 nel, and other educators, and the public, related

5 to education improvement;

6 (H) providing technical assistance and

7 other services to increase the capacity of local

8 educational agencies and schools to develop and

9 implement systemic local improvement plans,

10 implement new assessments or systems of assess11 ments described in the State improvement plan

12 developed in accordance with section 306, and

13 develop curricula consistent with the challenging

14 State content standards and challenging State

15 student performance standards;

16 (I) promoting mechanisms for increasing

17 public school choice, including information and

18 referral programs which provide parents infor19 mation on available choices and other initiatives

20 to promote the establishment of innovative new

21 public schools, including magnet schools and

22 charter schools;

23 (J) supporting activities relating to the

24 planning of, start-up costs associated with, and

25 evaluation of, projects under which local edu-
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1 cational agencies or schools contract with private

2 management organizations to reform a school;

3 (K) supporting intergenerational mentoring

4 programs; and

5 (L) collecting and analyzing data; and

6 (M) supporting the development, at the

7 State or local level, of school-based programs that

8 restore discipline and reduce violence in schools

9 and communities, such as community mobiliza10 tion programs.

11 (c) LIMIT ON ADMINISTRATIVE COSTS.—A State edu12 cational agency that receives an allotment under this title

13 in any fiscal year shall use not more than 4 percent of such

14 allotment in such year, or $100,000, whichever is greater,

15 for administrative expenses, which administrative expenses

16 shall not include the expenses related to the activities of the

17 panel established under section 306(b)(1).

18 (d) SPECIAL RULE.—Any new public school estab19 lished under this title—

20 (1) shall be nonsectarian;

21 (2) shall not be affiliated with a nonpublic sec22 tarian school or religious institution; and

23 (3) shall operate under the authority of a State

24 educational agency or local educational agency.
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1 SEC. 309. SUBGRANTS FOR LOCAL REFORM AND PROFES2 SIONAL DEVELOPMENT.

3 (a) SUBGRANTS TO LOCAL EDUCATIONAL

4 AGENCIES.—

5 (1) IN GENERAL.—(A) Each State educational

6 agency, through a competitive process, shall make

7 subgrants to local educational agencies to carry out

8 the authorized activities described in paragraph (4).

9 (B) Each subgrant described in subparagraph

10 (A) shall be for a project of sufficient duration and

11 of sufficient size, scope, and quality to carry out the

12 purpose of this title effectively.

13 (2) APPLICATION REQUIRED.—Each local edu14 cational agency desiring to receive a subgrant under

15 this subsection shall submit an application to the

16 State educational agency that—

17 (A) is developed by a broad-based panel, ap18 pointed by the local educational agency, that is

19 representative of the diversity of the students and

20 community to be served with regard to race, lan21 guage, ethnicity, gender, disability and socio22 economic characteristics, and includes teachers,

23 related services personnel, secondary school stu24 dents, parents, school administrators, business

25 representatives, early childhood educators, rep26 resentatives of community-based organizations,
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1 and others, as appropriate, and is approved by

2 the local educational agency, including any

3 modifications the local educational agency deems

4 appropriate;

5 (B) includes, in the application submitted

6 for the second year of participation, a com7 prehensive local improvement plan for school dis8 trict-wide education improvement, directed at

9 enabling all students to meet high academic

10 standards, including specific goals and bench11 marks, and includes a strategy for—

12 (i) ensuring that all students have a

13 fair opportunity to learn;

14 (ii) improving teaching and learning;

15 (iii) improving governance and man16 agement;

17 (iv) generating and maintaining pa18 rental and community involvement; and

19 (v) expanding improvements through20 out the local educational agency;

21 (C) describes how the local educational

22 agency will encourage and assist schools to de23 velop and implement comprehensive school im24 provement plans that focus on helping all stu25 dents meet high academic standards and that
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1 address each element of the local educational

2 agency’s local improvement plan described in

3 subparagraph (B);

4 (D) describes how the local educational

5 agency will implement specific programs aimed

6 at ensuring improvements in school readiness

7 and the ability of students to learn effectively at

8 all grade levels by identifying the most pressing

9 needs facing students and their families with re10 gard to social services, health care, nutrition,

11 and child care, and entering into partnerships

12 with public and private nonprofit agencies to in13 crease the access of students and families to co14 ordinated nonsectarian services in a school set15 ting or at a nearby site;

16 (E) describes how the subgrant funds will be

17 used by the local educational agency, and the

18 procedures to be used to make funds available to

19 schools in accordance with paragraph (4)(A);

20 (F) identifies, with an explanation, any

21 State or Federal requirements that the local edu22 cational agency believes impede educational im23 provement and that such agency requests be

24 waived in accordance with section 311, which re-
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1 quests shall promptly be transmitted to the Sec2 retary by the State educational agency; and

3 (G) contains such other information as the

4 State educational agency may reasonably re5 quire.

6 (3) MONITORING.—The panel described in para7 graph (2)(A), after approval of the local educational

8 agency’s application by the State educational agency,

9 shall be informed of progress on such plan by the local

10 educational agency, and the local educational agency

11 shall monitor the implementation and effectiveness of

12 the local improvement plan in close consultation with

13 teachers, related services personnel, principals, ad14 ministrators, and parents from schools receiving

15 funds under this title, as well as assure that imple16 mentation of the local improvement plan does not re17 sult in a significant increase in paperwork for teach18 ers. The panel shall review such plan and based on

19 the progress described in the preceding sentence, deter20 mine if revisions to the local improvement plan

21 should be recommended to the local educational agen22 cy. The panel shall periodically report such deter23 mination to the public.
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1 (4) AUTHORIZED ACTIVITIES.—A local edu2 cational agency that receives a subgrant under this

3 subsection—

4 (A) in the first year such agency receives

5 the subgrant shall use—

6 (i) not more than 25 percent of the

7 subgrant funds to develop a local improve8 ment plan or for any local educational

9 agency activities approved by the State edu10 cational agency that are reasonably related

11 to carrying out the State or local improve12 ment plans, including the establishment of

13 innovative new public schools; and

14 (ii) not less than 75 percent of the

15 subgrant funds to support individual school

16 improvement initiatives related to provid17 ing all students in the school the oppor18 tunity to meet high academic standards;

19 and

20 (B) in subsequent years, shall use the

21 subgrant funds for any activities approved by

22 the State educational agency that are reasonably

23 related to carrying out the State or local im24 provement plans (including the establishment of

25 innovative new public schools), except that at
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1 least 85 percent of such funds shall be made

2 available to individual schools to develop and

3 implement comprehensive school improvement

4 plans designed to help all students meet high

5 academic standards.

6 (b) SUBGRANTS FOR PRESERVICE TEACHER EDU7 CATION AND PROFESSIONAL DEVELOPMENT ACTIVITIES.—

8 (1) IN GENERAL.—(A) Each State educational

9 agency, through a competitive, peer review process,

10 shall make subgrants to a local educational agency, or

11 a consortium consisting of local educational agencies,

12 institutions of higher education, or nonprofit edu13 cation organizations, or any combination thereof, in

14 order to—

15 (i) improve preservice teacher and related

16 services personnel education programs in accord17 ance with the State improvement plan; and

18 (ii) support continuing, sustained profes19 sional development activities for educators in ac20 cordance with the State improvement plan.

21 (B) Each State educational agency awarding

22 subgrants under subparagraph (A) shall give priority

23 to awarding such subgrants to—

24 (i) a local educational agency or consortium

25 serving a greater number or percentage of dis-
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1 advantaged students than the statewide average

2 of such number or percentage; or

3 (ii) a consortium that has a demonstrated

4 record of working with school districts, such as

5 a consortium that—

6 (I) prepares and screens teacher in7 terns in professional development school

8 sites;

9 (II) focuses on upgrading teachers’

10 knowledge of content areas; or

11 (III) targets preparation and contin12 ued professional development of teachers of

13 students with limited-English proficiency

14 and students with disabilities.

15 (C) In order to be eligible to receive a subgrant

16 described in subparagraph (A), a consortium shall in17 clude at least 1 local educational agency.

18 (2) APPLICATION.—A local educational agency

19 or consortium that desires to receive a subgrant under

20 this subsection shall submit an application to the

21 State educational agency that—

22 (A) describes how the local educational

23 agency or consortium will use the subgrant to

24 improve teacher preservice and school adminis25 trator education programs or to implement edu-
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1 cator and related services personnel professional

2 development activities in accordance with the

3 State improvement plan;

4 (B) identifies the criteria to be used by the

5 local educational agency or consortium to judge

6 improvements in preservice education or the ef7 fects of professional development activities in ac8 cordance with the State improvement plan; and

9 (C) contains any other information that the

10 State educational agency determines is appro11 priate.

12 (3) AUTHORIZED ACTIVITIES.—A recipient of a

13 subgrant under this subsection shall use the subgrant

14 funds for activities supporting—

15 (A) the improvement of preservice teacher

16 education and school administrator programs so

17 that such programs equip educators with the sub18 ject matter and pedagogical expertise necessary

19 for preparing all students to meet challenging

20 standards; or

21 (B) the development and implementation of

22 new and improved forms of continuing and sus23 tained professional development opportunities for

24 teachers, related services personnel, principals,

25 and other educators at the school or school dis-
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1 trict level that equip such individuals with such

2 expertise, and with other knowledge and skills

3 necessary for leading and participating in con4 tinuous education improvement.

5 (c) SPECIAL AWARD RULES.—

6 (1) IN GENERAL.—(A) Each State educational

7 agency shall award at least 65 percent of subgrant

8 funds under subsection (a) in each fiscal year to local

9 educational agencies that have a greater percentage or

10 number of disadvantaged children than the statewide

11 average percentage or number for all local educational

12 agencies in the State.

13 (B) At least 50 percent of the subgrant funds

14 made available by a local educational agency to indi15 vidual schools under subsection (a) in any fiscal year

16 shall be made available to schools with a special need

17 for assistance, as indicated by a high number or per18 centage of students from low-income families, low stu19 dent achievement, or other similar criteria developed

20 by the local educational agency.

21 (2) WAIVER.—The State educational agency may

22 waive the requirement of paragraph (1)(A) if such

23 agency does not receive a sufficient number of appli24 cations from local educational agencies in the State
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1 to enable the State educational agency to comply with

2 such requirement.

3 SEC. 310. AVAILABILITY OF INFORMATION AND TRAINING.

4 Proportionate to the number of children in a State or

5 in a local educational agency who are enrolled in private

6 elementary or secondary schools—

7 (1) a State educational agency or local edu8 cational agency which uses funds under this title to

9 develop goals, challenging State content standards or

10 challenging State student performance standards, cur11 ricular materials, and assessments or systems of as12 sessments shall, upon request, make information relat13 ed to such goals, standards, materials, and assess14 ments or systems available to private schools; and

15 (2) a State educational agency or local edu16 cational agency which uses funds under this title for

17 teacher and administrator training shall provide in

18 the State improvement plan described in section 306

19 for the training of teachers and administrators in

20 private schools located in the geographical area served

21 by such agency.

22 SEC. 311. WAIVERS OF STATUTORY AND REGULATORY RE23 QUIREMENTS.

24 (a) WAIVER AUTHORITY.—
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1 (1) IN GENERAL.—Except as provided in sub2 section (c), the Secretary may waive any statutory or

3 regulatory requirement applicable to any program or

4 Act described in subsection (b) for a State educational

5 agency, local educational agency, or school, if—

6 (A) and only to the extent that, the Sec7 retary determines that such requirement impedes

8 the ability of the State, or of a local educational

9 agency or school in the State, to carry out the

10 State or local improvement plan;

11 (B) the State educational agency has

12 waived, or agrees to waive, similar requirements

13 of State law;

14 (C) in the case of a statewide waiver, the

15 State educational agency—

16 (i) provides all local educational agen17 cies in the State with notice and an oppor18 tunity to comment on the State educational

19 agency’s proposal to seek a waiver; and

20 (ii) submits the local educational agen21 cies’ comments to the Secretary; and

22 (D) in the case of a local educational agen23 cy waiver, the local educational agency provides

24 parents, community groups, and advocacy or
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1 civil rights groups with the opportunity to com2 ment on the proposed waiver.

3 (2) APPLICATION.—(A)(i) To request a waiver, a

4 local educational agency or school that receives funds

5 under this Act, or a local educational agency or school

6 that does not receive funds under this Act but is un7 dertaking school reform efforts and has an education

8 reform plan approved by the State, shall transmit an

9 application for a waiver under this section to the

10 State educational agency. The State educational

11 agency then shall submit approved applications for a

12 waiver under this section to the Secretary.

13 (ii) A State educational agency requesting a

14 waiver under this section shall submit an application

15 for such waiver to the Secretary.

16 (B) Each application submitted to the Secretary

17 under subparagraph (A) shall—

18 (i) describe the purposes and overall ex19 pected outcomes of the request for a waiver and

20 how progress for achieving such outcomes will be

21 measured;

22 (ii) identify each Federal program to be in23 volved in the request for a waiver and each Fed24 eral statutory or regulatory requirement to be

25 waived;
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1 (iii) describe each State and local require2 ment that will be waived; and

3 (iv) demonstrate that the State has made a

4 commitment to waive related requirements per5 taining to the State educational agency, local

6 educational agency or school.

7 (3) TIMELINESS.—The Secretary shall act

8 promptly on a waiver request and shall provide a

9 written statement of the reasons for granting or deny10 ing such request.

11 (4) DURATION.—

12 (A) IN GENERAL.—Each waiver under this

13 section may be for a period not to exceed 5 years.

14 (B) EXTENSION.—The Secretary may ex15 tend the period described in subparagraph (A) if

16 the Secretary determines that the waiver has

17 been effective in enabling the State or affected

18 local educational agencies to carry out their re19 form plans.

20 (b) INCLUDED PROGRAMS.—The statutory or regu21 latory requirements subject to the waiver authority of this

22 section are any such requirements under the following pro23 grams or Acts:
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1 (1) Chapter 1 of title I of the Elementary and

2 Secondary Education Act of 1965, including Even

3 Start.

4 (2) Part A of chapter 2 of title I of the Elemen5 tary and Secondary Education Act of 1965.

6 (3) The Dwight D. Eisenhower Mathematics and

7 Science Education Act.

8 (4) The Emergency Immigrant Education Act of

9 1984.

10 (5) The Drug-Free Schools and Communities Act

11 of 1986.

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

13 Technology Education Act.

14 (c) WAIVERS NOT AUTHORIZED.—The Secretary may

15 not waive any statutory or regulatory requirement of the

16 programs or Acts described in subsection (b)—

17 (1) relating to—

18 (A) maintenance of effort;

19 (B) comparability of services;

20 (C) the equitable participation of students

21 and professional staff in private schools;

22 (D) parental participation and involve23 ment; and

24 (E) the distribution of funds to States or to

25 local educational agencies; and
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1 (2) unless the underlying purposes of the statu2 tory requirements of each program or Act for which

3 a waiver is granted continue to be met to the satisfac4 tion of the Secretary.

5 (d) TERMINATION OF WAIVERS.—The Secretary shall

6 periodically review the performance of any State, local edu7 cational agency, or school for which the Secretary has

8 granted a waiver and shall terminate the waiver if the Sec9 retary determines that the performance of the State, the

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

11 by the waiver has been inadequate to justify a continuation

12 of the waiver.

13 (e) FLEXIBILITY DEMONSTRATION.—

14 (1) SHORT TITLE.—This subsection may be cited

15 as the ‘‘Education Flexibility Partnership Dem16 onstration Act’’.

17 (2) PROGRAM AUTHORIZED.—

18 (A) IN GENERAL.—The Secretary shall

19 carry out an education flexibility demonstration

20 program under which the Secretary authorizes

21 not more than 6 eligible States to waive any

22 statutory or regulatory requirement applicable to

23 any program or Act described in subsection (b),

24 other than requirements described in subsection
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1 (c), for such eligible State or any local edu2 cational agency or school within such State.

3 (B) AWARD RULE.—In carrying out sub4 paragraph (A), the Secretary shall select for par5 ticipation in the demonstration program de6 scribed in subparagraph (A) three eligible States

7 that each have a population of 3,500,000 or

8 greater and three eligible States that each have

9 a population of less than 3,500,000, determined

10 in accordance with the most recent decennial

11 census of the population performed by the Bu12 reau of the Census.

13 (C) DESIGNATION.—Each eligible State

14 participating in the demonstration program de15 scribed in subparagraph (A) shall be known as

16 an ‘‘Ed-Flex Partnership State’’.

17 (3) ELIGIBLE STATE.—For the purpose of this

18 subsection the term ‘‘eligible State’’ means a State

19 that—

20 (A) has developed a State improvement

21 plan under section 306 that is approved by the

22 Secretary; and

23 (B) waives State statutory or regulatory re24 quirements relating to education while holding

25 local educational agencies or schools within the
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1 State that are affected by such waivers account2 able for the performance of the students who are

3 affected by such waivers.

4 (4) STATE APPLICATION.—(A) Each eligible

5 State desiring to participate in the education flexibil6 ity demonstration program under this subsection

7 shall submit an application to the Secretary at such

8 time, in such manner, and containing such informa9 tion as the Secretary may reasonably require. Each

10 such application shall demonstrate that the eligible

11 State has adopted an educational flexibility plan for

12 such State that includes—

13 (i) a description of the process the eligible

14 State will use to evaluate applications from local

15 educational agencies or schools requesting waiv16 ers of—

17 (I) Federal statutory or regulatory re18 quirements described in paragraph (2)(A);

19 and

20 (II) State statutory or regulatory re21 quirements relating to education; and

22 (ii) a detailed description of the State statu23 tory and regulatory requirements relating to

24 education that the eligible State will waive.
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1 (B) The Secretary may approve an application

2 described in subparagraph (A) only if the Secretary

3 determines that such application demonstrates sub4 stantial promise of assisting the eligible State and af5 fected local educational agencies and schools within

6 such State in carrying out comprehensive educational

7 reform and otherwise meeting the purposes of this Act,

8 after considering—

9 (i) the comprehensiveness and quality of the

10 educational flexibility plan described in subpara11 graph (A);

12 (ii) the ability of such plan to ensure ac13 countability for the activities and goals described

14 in such plan;

15 (iii) the significance of the State statutory

16 or regulatory requirements relating to education

17 that will be waived; and

18 (iv) the quality of the eligible State’s process

19 for approving applications for waivers of Fed20 eral statutory or regulatory requirements de21 scribed in paragraph (2)(A) and for monitoring

22 and evaluating the results of such waivers.

23 (5) LOCAL APPLICATION.—(A) Each local edu24 cational agency or school requesting a waiver of a

25 Federal statutory or regulatory requirement described
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1 in paragraph (2)(A) and any relevant State statutory

2 or regulatory requirement from an eligible State shall

3 submit an application to such State at such time, in

4 such manner, and containing such information as

5 such State may reasonably require. Each such appli6 cation shall—

7 (i) indicate each Federal program affected

8 and the statutory or regulatory requirement that

9 will be waived;

10 (ii) describe the purposes and overall ex11 pected outcomes of waiving each such require12 ment;

13 (iii) describe for each school year specific,

14 measurable, educational goals for each local edu15 cational agency or school affected by the pro16 posed waiver; and

17 (iv) explain why the waiver will assist the

18 local educational agency or school in reaching

19 such goals.

20 (B) An eligible State shall evaluate an applica21 tion submitted under subparagraph (A) in accordance

22 with the State’s educational flexibility plan described

23 in paragraph (4)(A).

24 (C) An eligible State shall not approve an appli25 cation for a waiver under this paragraph unless—
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1 (i) the local educational agency or school re2 questing such waiver has developed a local re3 form plan that is applicable to such agency or

4 school, respectively; and

5 (ii) the waiver of Federal statutory or regu6 latory requirements described in paragraph

7 (2)(A) will assist the local educational agency or

8 school in reaching its educational goals.

9 (6) MONITORING.—Each eligible State partici10 pating in the demonstration program under this sub11 section shall annually monitor the activities of local

12 educational agencies and schools receiving waivers

13 under this subsection and shall submit an annual re14 port regarding such monitoring to the Secretary.

15 (7) DURATION OF FEDERAL WAIVERS.—(A) The

16 Secretary shall not approve the application of an eli17 gible State under paragraph (4) for a period exceed18 ing 5 years, except that the Secretary may extend

19 such period if the Secretary determines that the eligi20 ble State’s authority to grant waivers has been effec21 tive in enabling such State or affected local edu22 cational agencies or schools to carry out their local re23 form plans.

24 (B) The Secretary shall periodically review the

25 performance of any eligible State granting waivers of
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1 Federal statutory or regulatory requirements de2 scribed in paragraph (2)(A) and shall terminate such

3 State’s authority to grant such waivers if the Sec4 retary determines, after notice and opportunity for

5 hearing, that such State’s performance has been inad6 equate to justify continuation of such authority.

7 (f) RESULTS-ORIENTED ACCOUNTABILITY.—In decid8 ing whether to extend a request for a waiver under this sec9 tion the Secretary shall review the progress of the State edu10 cational agency, local educational agency or school receiv11 ing a waiver to determine if such agency or school has made

12 progress toward achieving the outcomes described in the ap13 plication submitted pursuant to subsection (a)(2)(B)(i).

14 SEC. 312. PROGRESS REPORTS.

15 (a) STATE REPORTS TO THE SECRETARY.—Each

16 State educational agency that receives an allotment under

17 this title shall annually report to the Secretary—

18 (1) on the State’s progress in meeting the State’s

19 goals and plans;

20 (2) on the State’s proposed activities for the suc21 ceeding year; and

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

23 educational agencies in meeting local goals and plans.

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

25 30, 1996, and every 2 years thereafter, the Secretary shall
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1 submit a report to the Committee on Education and Labor

2 of the House of Representatives and the Committee on

3 Labor and Human Resources of the Senate describing—

4 (1) the activities assisted under, and outcomes of,

5 grants or contracts under paragraph (2) of section

6 313(b), including—

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

8 technical merit of assessments evaluated with

9 funds awarded under such paragraph; and

10 (B) an analysis of the impact of such as11 sessments on the performance of students, par12 ticularly students of different racial, gender, eth13 nic, or language groups and individuals with

14 disabilities;

15 (2) the activities assisted under, and outcomes of,

16 allotments under this title; and

17 (3) the effect of waivers granted under section

18 311, including—

19 (A) a listing of all State educational agen20 cies, local educational agencies and schools seek21 ing and receiving waivers;

22 (B) a summary of the State and Federal

23 statutory or regulatory requirements that have

24 been waived, including the number of waivers
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1 sought and granted under each such statutory or

2 regulatory requirement;

3 (C) a summary of waivers that have been

4 terminated, including a rationale for the termi5 nations; and

6 (D) recommendations to the Congress re7 garding changes in statutory or regulatory re8 quirements, particularly those actions that

9 should be taken to overcome Federal statutory or

10 regulatory impediments to education reform.

11 (c) TECHNICAL AND OTHER ASSISTANCE REGARDING

12 SCHOOL FINANCE EQUITY.—

13 (1) TECHNICAL ASSISTANCE.—(A) From the na14 tional leadership funds reserved in section

15 304(a)(2)(A), the Secretary is authorized to make

16 grants to, and enter into contracts and cooperative

17 agreements with, State educational agencies and other

18 public and private agencies, institutions, and organi19 zations to provide technical assistance to State and

20 local educational agencies to assist such agencies in

21 achieving a greater degree of equity in the distribu22 tion of financial resources for education among local

23 educational agencies in the State.
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1 (B) A grant, contract or cooperative agreement

2 under this subsection may support technical assist3 ance activities, such as—

4 (i) the establishment and operation of a

5 center or centers for the provision of technical as6 sistance to State and local educational agencies;

7 (ii) the convening of conferences on equali8 zation of resources within local educational agen9 cies, within States, and among States; and

10 (iii) obtaining advice from experts in the

11 field of school finance equalization.

12 (2) DATA.—Each State educational agency or

13 local educational agency receiving assistance under

14 the Elementary and Secondary Education Act of

15 1965 shall provide such data and information on

16 school finance as the Secretary may require to carry

17 out this subsection.

18 (3) MODELS.—The Secretary is authorized, di19 rectly or through grants, contracts, or cooperative

20 agreements, to develop and disseminate models and

21 materials useful to States in planning and imple22 menting revisions of the school finance systems of

23 such States.
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1 SEC. 313. NATIONAL LEADERSHIP.

2 (a) TECHNICAL ASSISTANCE AND INTEGRATION OF

3 STANDARDS.—From funds reserved in each fiscal year

4 under section 304(a)(2)(A), the Secretary may, directly or

5 through grants or contracts—

6 (1) provide technical assistance to States, local

7 educational agencies, and tribal agencies developing

8 or implementing school improvement plans, in a

9 manner that ensures that such assistance is broadly

10 available; or

11 (2) support model projects to integrate multiple

12 content standards, if—

13 (A) such standards are certified by the Na14 tional Education Standards and Improvement

15 Council and approved by the National Goals

16 Panel for different subject areas, in order to pro17 vide balanced and coherent instructional pro18 grams for all students; and

19 (B) such projects are appropriate for a wide

20 range of diverse circumstances, localities (includ21 ing both urban and rural communities), and

22 populations.

23 (b) INNOVATIVE PROGRAMS; ASSESSMENT; EVALUA24 TION.—From not more than 50 percent of the funds reserved

25 in each fiscal year under section 304(a)(2)(A), the Sec26 retary, directly or through grants or contracts, shall—
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1 (1) provide urban and rural local educational

2 agencies, schools, or consortia thereof, with assistance

3 for innovative or experimental programs in systemic

4 education reform that are not being undertaken

5 through grants provided under section 309(a), giving

6 special consideration or priority to local educational

7 agencies, schools, or consortia thereof that serve large

8 numbers or concentrations of economically disadvan9 taged students, including students of limited-English

10 proficiency; or

11 (2) provide a State or local educational agency,

12 nonprofit organization or consortium thereof with as13 sistance to help defray the cost of developing, field

14 testing and evaluating an assessment or system of as15 sessments with a priority on grants or contracts for

16 limited-English proficiency students or students with

17 disabilities, if—

18 (A) such assessment or system—

19 (i) is to be used for some or all of the

20 purposes described in section 213(e)(1)(B);

21 and

22 (ii) is aligned to State content stand23 ards certified by the National Education

24 Standards and Improvement Council; and
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1 (B) such agency, organization or consor2 tium—

3 (i) examines the validity, reliability,

4 and fairness of such assessment or system,

5 for the particular purposes for which such

6 assessment or system was developed; and

7 (ii) devotes special attention to how

8 such assessment or system treats all stu9 dents, especially with regard to the race,

10 gender, ethnicity, disability and language

11 proficiency of such students.

12 (c) DATA AND DISSEMINATION.—The Secretary

13 shall—

14 (1) gather data on, conduct research on, and

15 evaluate systemic education improvement, including

16 the programs authorized by this title; and

17 (2) disseminate research findings and other in18 formation on outstanding examples of systemic edu19 cation improvement in States and local communities

20 through existing dissemination systems within the De21 partment of Education, including through publica22 tions, electronic and telecommunications mediums,

23 conferences, and other means.
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1 SEC. 314. ASSISTANCE TO THE OUTLYING AREAS AND TO

2 THE SECRETARY OF THE INTERIOR.

3 (a) OUTLYING AREAS.—

4 (1) IN GENERAL.—Funds reserved for the outly5 ing areas in each fiscal year under section

6 304(a)(1)(A) shall be made available to, and expended

7 by, such areas, under such conditions and in such

8 manner as the Secretary determines will best meet the

9 purposes of this title.

10 (2) INAPPLICABILITY OF PUBLIC LAW 95–134.—

11 The provisions of Public Law 95–134, permitting the

12 consolidation of grants to the Insular Areas, shall not

13 apply to funds received by such areas under this title.

14 (b) SECRETARY OF THE INTERIOR.—The funds re15 served by the Secretary for the Secretary of the Interior

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

17 Secretary of the Interior pursuant to an agreement between

18 the Secretary and the Secretary of the Interior containing

19 such terms and assurances, consistent with this title, as the

20 Secretary determines will best achieve the purpose of this

21 title.

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

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

24 extent practicable, the purposes of this title are applied to

25 the Department of Defense schools.
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1 SEC. 315. CLARIFICATION REGARDING STATE STANDARDS

2 AND ASSESSMENTS.

3 Notwithstanding any other provision of this title,

4 standards, assessments, and systems of assessments de5 scribed in a State improvement plan submitted in accord6 ance with section 306 shall not be required to be certified

7 by the Council.

8 SEC. 316. STATE PLANNING FOR IMPROVING STUDENT

9 ACHIEVEMENT THROUGH INTEGRATION OF

10 TECHNOLOGY INTO THE CURRICULUM.

11 (a) PURPOSE.—It is the purpose of this section to as12 sist each State to plan effectively for improved student

13 learning in all schools through the use of technology as an

14 integral part of the State improvement plan described in

15 section 306.

16 (b) PROGRAM AUTHORIZED.—

17 (1) AUTHORITY.—The Secretary shall award

18 grants in accordance with allocations under para19 graph (2) to each State educational agency that, as

20 part of its application under section 305, requests a

21 grant to develop (or continue the development of), and

22 submits as part of the State improvement plan de23 scribed in section 306, a systemic statewide plan to

24 increase the use of state-of-the-art technologies that

25 enhance elementary and secondary student learning
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1 and staff development in support of the National

2 Education Goals and challenging standards.

3 (2) FORMULA.—From the amount appropriated

4 pursuant to the authority of subsection (f) in each fis5 cal year, each State educational agency with an ap6 plication approved under section 305 shall receive a

7 grant under paragraph (1) in such year in an

8 amount determined on the same basis as allotments

9 are made to State educational agencies under sub10 sections (b) and (c) of section 304 for such year, except that each such State shall receive at least 11 11 ⁄2

12 percent of the amount appropriated pursuant to such

13 authority or $75,000, whichever is greater.

14 (3) DURATION.—A State educational agency

15 may receive assistance under this section for not more

16 than 2 fiscal years.

17 (c) PLAN OBJECTIVES.—Each State educational agen18 cy shall use funds received under this section to develop and,

19 if the Secretary has approved the systemic statewide plan,

20 to implement such plan. Such plan shall have as its objec21 tives—

22 (1) the promotion of higher student achievement

23 through the use of technology in education;

24 (2) the participation of all schools and school

25 districts in the State, especially those schools and dis-
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1 tricts with a high percentage of disadvantaged stu2 dents;

3 (3) the development and implementation of a

4 cost-effective, high-speed, statewide, interoperable,

5 wide-area-communication educational technology sup6 port system for elementary and secondary schools

7 within the State, particularly for such schools in

8 rural areas; and

9 (4) the promotion of shared usage of equipment,

10 facilities, and other technology resources by adult

11 learners during after-school hours.

12 (d) PLAN REQUIREMENTS.—At a minimum, each sys13 temic statewide plan shall—

14 (1) be developed by a task force that—

15 (A) includes among its members experts in

16 the educational use of technology and representa17 tives of the State panel described in section

18 306(b); and

19 (B) ensures that such plan is integrated

20 into the State improvement plan described in

21 section 306;

22 (2) be developed in collaboration with the Gov23 ernor, representatives of the State legislature, the

24 State board of education, institutions of higher edu25 cation, appropriate State agencies, local educational
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1 agencies, public and private telecommunication enti2 ties, parents, public and school libraries, students,

3 adult literacy providers, and leaders in the field of

4 technology, through a process of statewide grassroots

5 outreach to local educational agencies and schools in

6 the State;

7 (3) identify and describe the requirements for in8 troducing state-of-the-art technologies into the class9 room and school library in order to enhance edu10 cational curricula, including the installation and on11 going maintenance of basic connections, hardware

12 and the necessary support materials;

13 (4) describe how the application of advanced

14 technologies in the schools will enhance student learn15 ing, provide greater access to individualized instruc16 tion, promote the strategies described in section

17 306(d), and help make progress toward the achieve18 ment of the National Education Goals;

19 (5) describe how the ongoing training of edu20 cational personnel will be provided;

21 (6) describe the resources necessary, and proce22 dures, for providing ongoing technical assistance to

23 carry out such plan;
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1 (7) provide for the dissemination on a statewide

2 basis of exemplary programs and practices relating to

3 the use of technology in education;

4 (8) establish a funding estimate (including a

5 statement of likely funding sources) and a schedule for

6 the development and implementation of such plan;

7 (9) describe how the State educational agency

8 will assess the impact of implementing such plan on

9 student achievement and aggregate achievement for

10 schools;

11 (10) describe how the State educational agency

12 and local educational agencies in the State will co13 ordinate and cooperate with business and industry,

14 and with public and private telecommunications enti15 ties;

16 (11) describe how the State educational agency

17 will promote the purchase of equipment by local edu18 cational agencies that, when placed in schools, will

19 meet the highest possible level of interoperability and

20 open system design;

21 (12) describe how the State educational agency

22 will consider using existing telecommunications infra23 structure and technology resources;
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1 (13) describe how the State educational agency

2 will apply the uses of technology to meet the needs of

3 children from low-income families; and

4 (14) describe the process through which such

5 plan will be reviewed and updated periodically.

6 (e) REPORTS.—Each State educational agency receiv7 ing a grant under this section shall submit a report to the

8 Secretary within 1 year of the date such agency submits

9 to the Secretary its systemic statewide plan under this sec10 tion. Such report shall—

11 (1) describe the State’s progress toward imple12 mentation of the provisions of such plan;

13 (2) describe any revisions to the State’s long14 range plans for technology;

15 (3) describe the extent to which resources pro16 vided pursuant to such plan are distributed among

17 schools to promote the strategies described in section

18 306(d); and

19 (4) include any other information the Secretary

20 deems appropriate.

21 (f) AUTHORIZATION OF APPROPRIATIONS.—There are

22 authorized to be appropriated $10,000,000 for fiscal year

23 1994, and such sums as may be necessary for fiscal year

24 1995, to carry out this section.
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1 TITLE IV—MISCELLANEOUS

2 SEC. 401. PUBLIC SCHOOLS.

3 Except as provided in section 310, nothing in this Act

4 shall be construed to authorize the use of funds under title

5 III of this Act to directly or indirectly benefit any school

6 other than a public school.

7 SEC. 402. CONSTRUCTION.

8 Nothing in this Act shall be construed—

9 (1) to supersede the provisions of section 103 of

10 the Department of Education Organization Act;

11 (2) to require the teaching of values or the estab12 lishment of school-based clinics as a condition of re13 ceiving funds under this Act;

14 (3) to mandate limitations or class size for a

15 State, local educational agency or school;

16 (4) to mandate a Federal teacher certification

17 system for a State, local educational agency or school;

18 (5) to mandate teacher instructional practices

19 for a State, local educational agency or school;

20 (6) to mandate equalized spending per pupil for

21 a State, local educational agency or school;

22 (7) to mandate national school building stand23 ards for a State, local educational agency or school;
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1 (8) to mandate curriculum content for a State,

2 local educational agency or school; and

3 (9) to mandate any curriculum framework, in4 structional material, examination, assessment or sys5 tem of assessments for private, religious, or home

6 schools.

7 SEC. 403. KHALID ABDUL MOHAMMED.

8 It is the sense of the Senate that the speech made by

9 Mr. Khalid Abdul Mohammed at Kean College on November

10 29, 1993, was false, anti-Semitic, racist, divisive, repug11 nant and a disservice to all Americans and is therefore con12 demned.

13 SEC. 404. PROHIBITION ON FEDERAL MANDATES, DIREC14 TION, AND CONTROL.

15 Nothing in this Act shall be construed to authorize an

16 officer or employee of the Federal Government to mandate,

17 direct, or control a State, local educational agency, or

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

19 of State or local resources or mandate a State or any sub20 division thereof to spend any funds or incur any costs not

21 paid for under this Act.

22 SEC. 405. SCHOOL PRAYER.

23 No funds made available through the Department of

24 Education under this Act, or any other Act, shall be avail25 able to any State of local educational agency which has a
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1 policy of denying, or which effectively prevents participa2 tion in, constitutionality protected prayer in public schools

3 by individuals on a voluntary basis. Neither the United

4 States nor any State nor any local educational agency shall

5 require any person to participate in prayer or influence

6 the form or content of any constitutionality protected pray7 er in such public schools.

8 SEC. 406. DAILY SILENCE FOR STUDENTS.

9 It is the sense of the Senate that local educational

10 agencies should encourage a brief period of daily silence for

11 students for the purpose of contemplating their aspirations;

12 for considering what they hope and plan to accomplish that

13 day; for considering how their own actions of that day will

14 effect themselves and others around them, including their

15 schoolmates, friends and families; for drawing strength

16 from whatever personal, moral or religious beliefs or posi17 tive values they hold; and for such other introspection and

18 reflection as will help them develop and prepare them for

19 achieving the goals of this Act.

20 SEC. 407. FUNDING FOR THE INDIVIDUALS WITH DISABIL21 ITIES EDUCATION ACT.

22 (a) The Senate finds that—

23 (1) the Individuals with Disabilities Education

24 Act was established with the commitment of forty per-
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1 cent Federal funding but currently receives only eight

2 percent Federal funding;

3 (2) this funding shortfall is particularly burden4 some to school districts and schools in low-income

5 areas which serve higher than average proportions of

6 students with disabilities and have fewer local re7 sources to contribute; and

8 (3) it would cost the Federal Government ap9 proximately $10,000,000,000 each year to fully fund

10 the Individuals with Disabilities Education Act.

11 (b) It is the sense of the Senate that the Federal Gov12 ernment should provide States and communities with ade13 quate resources under the Individuals with Disabilities

14 Education Act as soon as reasonably possible, through the

15 reallocation of funds within the current budget monetary

16 constraints.

17 SEC. 408. NATIONAL BOARD FOR PROFESSIONAL TEACHING

18 STANDARDS.

19 Section 551 of the Higher Education Act of 1965 (20

20 U.S.C. 1107) is amended—

21 (1) in paragraph (1) of subsection (b), by strik22 ing ‘‘the Federal share of’’;

23 (2) in subparagraph (B) of subsection (e)(1), by

24 striking ‘‘share of the cost of the activities of the
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1 Board is’’ and inserting ‘‘contributions described in

2 subsection (f) are’’; and

3 (3) by amending subsection (f) to read as follows:

4 ‘‘(f) MATCHING FUNDS REQUIREMENT.—

5 ‘‘(1) IN GENERAL.—The Secretary shall not pro6 vide financial assistance under this subpart to the

7 Board unless the Board agrees to expend non-Federal

8 contributions equal to $1 for every $1 of the Federal

9 funds provided pursuant to such financial assistance.

10 ‘‘(2) NON-FEDERAL CONTRIBUTIONS.—The non11 Federal contributions described in paragraph (1)—

12 ‘‘(A) may include all non-Federal funds

13 raised by the Board on or after January 1, 1987;

14 and

15 ‘‘(B) may be used for outreach, implementa16 tion, administration, operation, and other costs

17 associated with the development and implemen18 tation of national teacher assessment and certifi19 cation procedures under this subpart.’’.

20 SEC. 409. FORGIVENESS OF CERTAIN OVERPAYMENTS.

21 (a) IN GENERAL.—Notwithstanding section 1401 of

22 the Elementary and Secondary Education Act of 1965 or

23 any other provision of law—

24 (1) the allocation of funds appropriated for fiscal

25 year 1993 under the Department of Education Appro-
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1 priations Act, 1993, to Colfax County, New Mexico

2 under section 1005 of the Elementary and Secondary

3 Education Act of 1965, and any other allocations or

4 grants for such fiscal year resulting from such alloca5 tion to such county under any program administered

6 by the Secretary of Education, shall be deemed to be

7 authorized by law; and

8 (2) in any program for which allocations are

9 based on fiscal year 1993 allocations under section

10 1005 of such Act, the fiscal year 1993 allocations

11 under such section deemed to be authorized by law in

12 accordance with paragraph (1) shall be used.

13 (b) Notwithstanding subsection (a)(1) of this section,

14 in carrying out section 1403(a) of the Elementary and Sec15 ondary Education Act of 1965 for fiscal year 1994, the

16 amount allocated to Colfax County, New Mexico under sec17 tion 1005 of such Act for fiscal year 1993 shall be deemed

18 to be the amount that the Secretary determines would have

19 been allocated under such section 1005 had the correct data

20 been used for fiscal year 1993.

21 SEC. 410. STUDY OF GOALS 2000 AND STUDENTS WITH DIS22 ABILITIES.

23 (a) STUDY REQUIRED.—

24 (1) IN GENERAL.—Not later than 180 days after

25 the date of enactment of this Act, the Secretary of
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1 Education shall make appropriate arrangements with

2 the National Academy of Sciences to conduct a com3 prehensive study of the inclusion of children with dis4 abilities in GOALS 2000 school reform activities.

5 (2) DEFINITION.—For purposes of this section,

6 the term ‘‘children with disabilities’’ has the same

7 meaning given such in the Individuals with Disabil8 ities Education Act.

9 (b) STUDY COMPONENTS.—The study conducted under

10 subsection (a) shall include—

11 (1) an evaluation of the National Education

12 Goals and objectives, curriculum reforms, standards,

13 and other programs and activities intended to achieve

14 those goals;

15 (2) a review of the adequacy of assessments and

16 measures used to gauge progress towards meeting Na17 tional Education Goals and any national and State

18 standards, and an examination of other methods or

19 accommodations necessary or desirable to collect data

20 on the educational progress of children with disabil21 ities, and the costs of such methods and accommoda22 tions;

23 (3) an examination of what incentives or assist24 ance might be provided to States to develop improve-
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1 ment plans that adequately address the needs of chil2 dren with disabilities;

3 (4) the relation of Goals 2000 to other Federal

4 laws governing or affecting the education of children

5 with disabilities; and

6 (5) such other issues as the National Academy of

7 Sciences considers appropriate.

8 (c) STUDY PANEL MEMBERSHIP.—Any panel con9 stituted in furtherance of the study to be conducted under

10 subsection (a) shall include consumer representatives.

11 (d) FINDINGS AND RECOMMENDATIONS.—The Sec12 retary of Education shall request the National Academy of

13 Sciences to submit an interim report of its findings and

14 recommendations to the President and Congress not later

15 than 12 months, and a final report not later than 24

16 months, from the date of the completion of procurement re17 lating to the study.

18 (e) FUNDING.—From such accounts as the Secretary

19 deems appropriate, the Secretary shall make available

20 $600,000 for fiscal year 1994, and such sums as may be

21 necessary for fiscal year 1995, to carry out this section.

22 Amounts made available under this subsection shall remain

23 available until expended.
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1 SEC. 411. MENTORING, PEER COUNSELING AND PEER TU2 TORING.

3 (a) CONGRESSIONAL FINDINGS.—The Congress finds

4 that—

5 (1) Mentoring, peer counseling and peer tutoring

6 programs provide role models for children and build

7 self-esteem;

8 (2) Mentoring, peer counseling and peer tutoring

9 programs promote learning and help students attain

10 the necessary skills they need to excel academically;

11 (3) Mentoring, peer counseling, and peer tutor12 ing programs provide healthy and safe alternatives to

13 involvement in drugs, gangs or other violent activi14 ties; and

15 (4) Mentoring, peer counseling, and peer tutor16 ing programs promote school, community and paren17 tal involvement in the livelihood and well-being of our

18 children.

19 (b) SENSE OF THE CONGRESS.—Therefore, it is the

20 Sense of the Congress that Federal education programs that

21 provide assistance to elementary and secondary education

22 students should include authorizations for establishing

23 mentoring, peer counseling and peer tutoring programs.

24 SEC. 412. CONTENT AND PERFORMANCE STANDARDS.

25 It is the sense of the Senate that because high academic

26 standards are the key to excellence for all students and a
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1 focus on results is an important direction for education re2 form, it is the sense of the Senate that States should develop

3 their own content and performance standards in academic

4 subject areas as an essential part of their State reform plan.

5 SEC. 413. STATE-SPONSORED HIGHER EDUCATION TRUST

6 FUND SAVINGS PLAN.

7 It is the sense of the Senate that—

8 (1) individuals should be encouraged to save to

9 meet the higher education costs of their children;

10 (2) an effective way to encourage those savings

11 is through State-sponsored higher education trust

12 fund savings plans; and

13 (3) an effective way for the Federal Government

14 to assist such plans is to amend the Federal tax laws

15 to provide that—

16 (A) no tax is imposed on the earnings on

17 contributions to the plans if the earnings are

18 used for higher education costs,

19 (B) State organizations sponsoring the

20 plans are exempt from Federal taxation, and

21 (C) any charitable gift to the plans are tax22 deductible and are distributed to recipients on a

23 pro rata basis.
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1 SEC. 414. AMENDMENTS TO SUMMER YOUTH EMPLOYMENT

2 AND TRAINING PROGRAM.

3 (a) PROGRAM DESIGN.—

4 (1) ACADEMIC ENRICHMENT AUTHORIZED.—

5 Paragraph (1) of section 253(a) of the Job Training

6 Partnership Act is amended by inserting ‘‘academic

7 enrichment’’ after ‘‘remedial education,’’.

8 (2) REQUIRED SERVICES AND DESIGN.—

9 (A) Subsection (c) of such section 253 is

10 amended by adding at the end the following new

11 paragraphs:

12 ‘‘(3) BASIC EDUCATION AND PREEMPLOYMENT

13 TRAINING.—The programs under this part shall pro14 vide, either directly or through arrangements with

15 other programs, each of the following services to a

16 participant where the assessment and the service

17 strategy indicate such services are appropriate:

18 ‘‘(A) Basic and Remedial Education.

19 ‘‘(B) Preemployment and Work Maturity

20 Skills Training.

21 ‘‘(4) INTEGRATION OF WORK AND LEARNING.—

22 ‘‘(A) WORK EXPERIENCE.—Work experience

23 provided under this part, to the extent feasible,

24 shall include contextual learning opportunities

25 which integrate the development of general com-
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1 petencies with the development of academic

2 skills.

3 ‘‘(B) CLASSROOM TRAINING.—Classroom

4 training provided under this part shall, to the

5 extent feasible, include opportunities to apply

6 knowledge and skills relating to academic sub7 jects to the world of work.’’.

8 (B) Section 253 of the Job Training Part9 nership Act is further amended by adding at the

10 end the following new subsection:

11 ‘‘(e) EDUCATIONAL LINKAGES.—In conducting the

12 program assisted under this part, service delivery areas

13 shall establish linkages with the appropriate educational

14 agencies responsible for service to participants. Such link15 ages shall include arrangements to ensure that there is a

16 regular exchange of information relating to the progress,

17 problems and needs of participants, including the results

18 of assessments of the skill levels of participants.’’.

19 (C) Section 254 of the Job Training Part20 nership Act is amended by adding at the end the

21 following new subsection:

22 ‘‘(c) PROHIBITION ON PRIVATE ACTIONS.—Nothing in

23 this part shall be construed to establish a right for a partici24 pant to bring an action to obtain services described in the
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1 assessment or service strategy developed under section

2 253(c).’’.

3 (b) TRANSFER OF FUNDS TO YEAR ROUND PRO4 GRAM.—Section 256 of the Job Training Partnership Act

5 is amended by striking ‘‘10 percent’’ and inserting ‘‘20 per6 cent’’.

7 SEC. 415. STATE AND LOCAL GOVERNMENT CONTROL OF

8 EDUCATION.

9 (a) FINDINGS.—

10 (1) Congress is interested in promoting State

11 and local government reform efforts in education;

12 (2) In Public Law 96–88 the Congress found

13 that education is fundamental to the development of

14 individual citizens and the progress of the Nation;

15 (3) In Public Law 96–88 the Congress found

16 that in our Federal system the responsibility for edu17 cation is reserved respectively to the States and the

18 local school systems and other instrumentalities of the

19 States;

20 (4) In Public Law 96–88 the Congress declared

21 the purpose of the Department of Education was to

22 supplement and complement the efforts of States, the

23 local school systems, and other instrumentalities of

24 the States, the private sector, public and private edu25 cational institutions, public and private nonprofit
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1 educational research institutions, community based

2 organizations, parents and schools to improve the

3 quality of education;

4 (5) The establishment of the Department of Edu5 cation, Congress intended to protect the rights of

6 State and local governments and public and private

7 educational institutions in the areas of educational

8 policies and administration of programs and to

9 strengthen and improve the control of such govern10 ments and institutions over their own educational

11 programs and policies;

12 (6) Public Law 96–88 specified that the estab13 lishment of the Department of Education shall not in14 crease the authority of the Federal Government over

15 education or diminish the responsibility for education

16 which is reserved to the States and local school sys17 tems and other instrumentalities of the States;

18 (7) Public Law 96–88 specified that no provision

19 of a program administered by the Secretary or by

20 any other officer of the Department shall be construed

21 to authorize the Secretary or any such officer to exer22 cise any direction, supervision, or control over the

23 curriculum, program of instruction, administration,

24 or personnel of any educational institution, school, or

25 school system, over any accrediting agency or associa-
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1 tion or over the selection or content of library re2 sources, textbooks, or other instructional materials by

3 any educational institution or school system, now

4 therefore

5 (b) REAFFIRMATION.—The Congress agrees and reaf6 firms that the responsibility for control of education is re7 served to the States and local school systems and other in8 strumentalities of the States and that no action shall be

9 taken under the provisions of this Act by the Federal Gov10 ernment which would, directly or indirectly, impose stand11 ards or requirements of any kind through the promulgation

12 of rules, regulations, provision of financial assistance and

13 otherwise, which would reduce, modify, or undercut State

14 and local responsibility for control of education.

15 SEC. 416. PROTECTION OF PUPILS.

16 Section 439 of the General Education Provisions Act

17 is amended to read as follows:

18 ‘‘PROTECTION OF PUPIL RIGHTS

19 ‘‘SEC. 439. (a) All instructional materials, including

20 teacher’s manuals, films, tapes, or other supplementary ma21 terial which will be used in connection with any survey,

22 analysis, or evaluation as part of any applicable program

23 shall be available for inspection by the parents or guardians

24 of the children.
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1 ‘‘(b) No student shall be required, as part of any appli2 cable program, to submit to a survey, analysis, or evalua3 tion that reveals information concerning:

4 ‘‘(1) political affiliations;

5 ‘‘(2) mental and psychological problems poten6 tially embarrassing to the student or his family;

7 ‘‘(3) sex behavior and attitudes;

8 ‘‘(4) illegal, anti-social, self-incriminating and

9 demeaning behavior;

10 ‘‘(5) critical appraisals of other individuals with

11 whom respondents have close family relationships;

12 ‘‘(6) legally recognized privileged or analogous

13 relationships, such as those of lawyers, physicians,

14 and ministers; or

15 ‘‘(7) income (other than that required by law to

16 determine eligibility for participation in a program

17 or for receiving financial assistance under such pro18 gram),

19 without the prior consent of the student (if the student is

20 an adult or emancipated minor), or in the case of an

21 unemancipated minor, without the prior written consent of

22 the parent.

23 ‘‘(c) Educational agencies and institutions shall give

24 parents and students effective notice of their rights under

25 this section.
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1 ‘‘(d) ENFORCEMENT.—The Secretary shall take such

2 action as the Secretary determines appropriate to enforce

3 this section, except that action to terminate assistance pro4 vided under an applicable program shall be taken only if

5 the Secretary determines that—

6 ‘‘(1) there has been a failure to comply with such

7 section; and

8 ‘‘(2) compliance with such section cannot be se9 cured by voluntary means.

10 ‘‘(e) OFFICE AND REVIEW BOARD—The Secretary shall

11 establish or designate an office and review board within the

12 Department of Education to investigate, process, review,

13 and adjudicate violations of the rights established under

14 this section.’’.

15 SEC. 417. CONTRACEPTIVE DEVICES.

16 The Department of Health and Human Services and

17 the Department of Education shall ensure that all federally

18 funded programs which provide for the distribution of con19 traceptive devices to unemancipated minors develop proce20 dures to encourage, to the extent practical, family partici21 pation in such programs.
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1 SEC. 418. EDUCATIONAL AGENCIES NOT DENIED FUNDS

2 FOR ADOPTING CONSTITUTIONAL POLICY

3 RELATIVE TO PRAYER IN SCHOOLS.

4 Notwithstanding any other provision of this Act, no

5 funds made available through the Department of Education

6 under this Act, or any other Act, shall be denied to any

7 State or local educational agency because it has adopted

8 a constitutional policy relative to prayer in public school.

9 TITLE V—NATIONAL SKILL

10 STANDARDS BOARD

11 SEC. 501. SHORT TITLE.

12 This title may be cited as the ‘‘National Skill Stand13 ards Act of 1994’’.

14 SEC. 502. PURPOSE.

15 It is the purpose of this title to establish a National

16 Board to serve as a catalyst in stimulating the development

17 and adoption of a voluntary national system of skill stand18 ards and of assessment and certification—

19 (1) that will serve as a cornerstone of the na20 tional strategy to enhance work force skills;

21 (2) that will result in increased productivity,

22 economic growth, and American economic competi23 tiveness; and

24 (3) that can be used, consistent with civil rights

25 laws—
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1 (A) by the Nation, to ensure the develop2 ment of a high skills, high quality, high perform3 ance work force, including the most skilled front4 line work force in the world;

5 (B) by industries, as a vehicle for informing

6 training providers and prospective employees of

7 skills necessary for employment;

8 (C) by employers, to assist in evaluating the

9 skill levels of prospective employees and to assist

10 in the training of current employees;

11 (D) by labor organizations, to enhance the

12 employment security of workers by providing

13 portable credentials and skills;

14 (E) by workers, to—

15 (i) obtain certifications of their skills

16 to protect against dislocation;

17 (ii) pursue career advancement; and

18 (iii) enhance their ability to reenter

19 the work force;

20 (F) by students and entry level workers, to

21 determine the skill levels and competencies need22 ed to be obtained in order to compete effectively

23 for high wage jobs;
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1 (G) by training providers and educators, to

2 determine appropriate training services to be of3 fered by the providers and educators;

4 (H) by Government, to evaluate whether

5 publicly funded training assists participants to

6 meet skill standards where such standards exist

7 and thereby protect the integrity of public ex8 penditures; and

9 (I) to facilitate linkages between other com10 ponents of the work force investment strategy, in11 cluding school-to-work transition and job train12 ing programs.

13 SEC. 503. ESTABLISHMENT OF NATIONAL BOARD.

14 (a) IN GENERAL.—There is established a National

15 Skill Standards Board (hereafter referred to in this title

16 as the ‘‘National Board’’).

17 (b) COMPOSITION.—

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

19 composed of 28 members (appointed in accordance

20 with paragraph (3)), of whom—

21 (A) one member shall be the Secretary of

22 Labor;

23 (B) one member shall be the Secretary of

24 Education;
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1 (C) one member shall be the Secretary of

2 Commerce;

3 (D) one member shall be the Chairperson of

4 the National Education Standards and Improve5 ment Council established pursuant to section

6 212(a);

7 (E) eight members shall be representatives

8 of business (including representatives of small

9 employers and representatives of large employ10 ers) selected from among individuals rec11 ommended by recognized national business orga12 nizations or trade associations;

13 (F) eight members shall be representatives of

14 organized labor selected from among individuals

15 recommended by recognized national labor fed16 erations; and

17 (G)(i) four members shall be certified

18 human resource professionals;

19 (ii) three members shall be representatives

20 of educational institutions (including vocational21 technical institutions); and

22 (iii) one member shall be a representative of

23 nongovernmental organizations with a dem24 onstrated history of successfully protecting the

25 rights of racial, ethnic or religious minorities,
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1 women, persons with disabilities, or older per2 sons.

3 (2) SPECIAL REQUIREMENTS.—The members de4 scribed in subparagraph (G) of paragraph (1) shall

5 have expertise in the area of education and training.

6 The members described in subparagraphs (E), (F),

7 and (G) of paragraph (1) shall, in the aggregate, rep8 resent a broad cross-section of occupations and indus9 tries.

10 (3) APPOINTMENT.—The membership of the Na11 tional Board shall be appointed as follows:

12 (A) Twelve members (four from each class of

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

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

15 the President.

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

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

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

19 the Speaker of the House of Representatives. Of

20 the members so appointed, three members (one

21 from each class of members described in subpara22 graphs (E), (F), and (G) of paragraph (1)) shall

23 be selected from recommendations made by the

24 Majority Leader of the House of Representatives

25 and three members (one from each class of mem-
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1 bers described in subparagraphs (E), (F), and

2 (G) of paragraph (1)) shall be selected from rec3 ommendations made by the Minority Leader of

4 the House of Representatives.

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

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

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

8 the President pro tempore of the Senate. Of the

9 members so appointed, three members (one from

10 each class of members described in subpara11 graphs (E), (F), and (G) of paragraph (1)) shall

12 be selected from recommendations made by the

13 Majority Leader of the Senate and three mem14 bers (one from each class of members described in

15 subparagraphs (E), (F), and (G) of paragraph

16 (1)) shall be selected from recommendations

17 made by the Minority Leader of the Senate.

18 (4) EX OFFICIO NONVOTING MEMBERS.—The

19 members of the National Board specified in subpara20 graphs (A), (B), (C), and (D) of paragraph (1) shall

21 be ex officio, nonvoting members of the National

22 Board.

23 (5) TERM.—Each member of the National Board

24 appointed under subparagraph (E), (F), or (G) of

25 paragraph (1) shall be appointed for a term of 4
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1 years, except that of the initial members of the Board

2 appointed under such subparagraphs—

3 (A) twelve members shall be appointed for a

4 term of 3 years (four from each class of members

5 described in subparagraphs (E), (F), and (G) of

6 paragraph (1)), of whom—

7 (i) two from each such class shall be

8 appointed in accordance with paragraph

9 (3)(A);

10 (ii) one from each such class shall be

11 appointed in accordance with paragraph

12 (3)(B); and

13 (iii) one from each such class shall be

14 appointed in accordance with paragraph

15 (3)(C); and

16 (B) twelve members shall be appointed for

17 a term of 4 years (four from each class of mem18 bers described in subparagraphs (E), (F), and

19 (G) of paragraph (1)), of whom—

20 (i) two from each such class shall be

21 appointed in accordance with paragraph

22 (3)(A);

23 (ii) one from each such class shall be

24 appointed in accordance with paragraph

25 (3)(B); and
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1 (iii) one from each such class shall be

2 appointed in accordance with paragraph

3 (3)(C).

4 (6) VACANCIES.—Any vacancy in the National

5 Board shall not affect its powers, but shall be filled

6 in the same manner as the original appointment.

7 (c) CHAIRPERSON AND VICE CHAIRPERSONS.—

8 (1) CHAIRPERSON.—

9 (A) IN GENERAL.—Except as provided in

10 subparagraph (B), the National Board, by ma11 jority vote, shall elect a Chairperson once every

12 2 years from among the members of the National

13 Board.

14 (B) INITIAL CHAIRPERSON.—The first

15 Chairperson of the National Board shall be elect16 ed, by a majority vote of the National Board,

17 from among the members who are representatives

18 of business (as described in subparagraph (E) of

19 subsection (b)(1)) and shall serve for a term of

20 2 years.

21 (2) VICE CHAIRPERSONS.—The National Board,

22 by majority vote, shall annually elect 3 Vice Chair23 persons (each representing a different class of the

24 classes of members described in subparagraphs (E),

25 (F), and (G) of subsection (b)(1) and each of whom
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1 shall serve for a term of 1 year) from among its mem2 bers appointed under subsection (b)(3).

3 (d) COMPENSATION AND EXPENSES.—

4 (1) COMPENSATION.—Members of the National

5 Board who are not full-time employees or officers of

6 the Federal Government shall serve without com7 pensation.

8 (2) EXPENSES.—The members of the National

9 Board shall be allowed travel expenses, including per

10 diem in lieu of subsistence, at rates authorized for

11 employees of agencies under subchapter I of chapter

12 57, title 5, United States Code, while away from their

13 homes or regular places of business in the perform14 ance of services for the National Board.

15 (e) EXECUTIVE DIRECTOR AND STAFF.—

16 (1) EXECUTIVE DIRECTOR.—The Chairperson of

17 the National Board shall appoint an Executive Direc18 tor who shall be compensated at a rate determined by

19 the National Board not to exceed the rate of pay for

20 level V of the Executive Schedule under section 5316

21 of title 5, United States Code.

22 (2) STAFF.—The Executive Director may ap23 point and compensate such additional staff as may be

24 necessary to enable the Board to perform its duties.

25 The Executive Director may fix the compensation of
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1 the staff without regard to the provisions of chapter

2 51 and subchapter III of chapter 53 of title 5, United

3 States Code, relating to classification of positions and

4 General Schedule pay rates, except that the rate of

5 pay for the staff may not exceed the rate payable for

6 level V of the Executive Schedule under section 5316

7 of such title.

8 (f) GIFTS.—The National Board is authorized, in car9 rying out this title, to accept and employ or dispose of in

10 furtherance of the purposes of this title, any money or prop11 erty, real, personal, or mixed, tangible or intangible, re12 ceived by gift, devise, bequest, or otherwise, and to accept

13 voluntary and uncompensated services notwithstanding the

14 provisions of section 1342 of title 31, United States Code.

15 (g) AGENCY SUPPORT.—

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

17 may use the research, equipment, services and facili18 ties of any agency or instrumentality of the United

19 States with the consent of such agency or instrumen20 tality.

21 (2) STAFF OF FEDERAL AGENCIES.—Upon the

22 request of the National Board, the head of any Fed23 eral agency of the United States may detail to the

24 National Board, on a reimbursable basis, any of the

25 personnel of such Federal agency to assist the Na-
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1 tional Board in carrying out this title. Such detail

2 shall be without interruption or loss of civil service

3 status or privilege.

4 (h) PROCUREMENT OF TEMPORARY AND INTERMIT5 TENT SERVICES.—The Chairperson of the National Board

6 may procure temporary and intermittent services of experts

7 and consultants under section 3109(b) of title 5, United

8 States Code.

9 (i) TERMINATION OF THE COMMISSION.—Section

10 14(a)(2) of the Federal Advisory Committee Act (5 U.S.C.

11 App.) shall not apply with respect to the termination of

12 the National Board.

13 SEC. 504. FUNCTIONS OF THE NATIONAL BOARD.

14 (a) IDENTIFICATION OF OCCUPATIONS.—The National

15 Board, after extensive public consultation, shall identify

16 broad clusters of major occupations that involve one or more

17 than one industry in the United States.

18 (b) ESTABLISHMENT OF VOLUNTARY PARTNERSHIPS

19 TO DEVELOP STANDARDS.—

20 (1) IN GENERAL.—For each of the occupational

21 clusters identified pursuant to subsection (a), the Na22 tional Board shall encourage and facilitate the estab23 lishment of voluntary partnerships to develop a skill

24 standards system in accordance with subsection (d).
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1 (2) REPRESENTATIVES.—Such voluntary part2 nerships shall include the full and balanced partici3 pation of—

4 (A)(i) representatives of business (including

5 representatives of large employers and represent6 atives of small employers) who have expertise in

7 the area of work force skill requirements, and

8 who are recommended by national business orga9 nizations or trade associations representing em10 ployers in the occupation or industry for which

11 a standard is being developed; and

12 (ii) representatives of trade associations

13 that have received grants from the Department of

14 Labor or the Department of Education to estab15 lish skill standards prior to the date of enact16 ment of this title;

17 (B) employee representatives who—

18 (i) have expertise in the area of work

19 force skill requirements; and

20 (ii) shall be—

21 (I) individuals recommended by

22 recognized national labor organizations

23 representing employees in the occupa24 tion or industry for which a standard

25 is being developed; and
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1 (II) such individuals who are

2 nonmanagerial employees with signifi3 cant experience and tenure in such oc4 cupation or industry as are appro5 priate given the nature and structure

6 of employment in the occupation or in7 dustry; and

8 (C) representatives of—

9 (i) educational institutions;

10 (ii) community-based organizations;

11 (iii) State and local agencies with ad12 ministrative control or direction over edu13 cation or over employment and training;

14 (iv) other policy development organiza15 tions with expertise in the area of work

16 force skill requirements; or

17 (v) nongovernmental organizations

18 with a demonstrated history of successfully

19 protecting the rights of racial, ethnic, or re20 ligious minorities, women, persons with dis21 abilities, or older persons.

22 (3) EXPERTS.—The partnerships described in

23 paragraph (2) may also include other individuals

24 who are independent, qualified experts in their fields.
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1 (c) RESEARCH, DISSEMINATION, AND COORDINA2 TIONS.—In order to support the activities described in sub3 sections (b) and (d), the National Board shall—

4 (1) conduct work force research relating to skill

5 standards and make the results of such research avail6 able to the public, including the voluntary partner7 ships described in subsection (b);

8 (2) identify and maintain a catalog of skill

9 standards used by other countries and by States and

10 leading firms and industries in the United States;

11 (3) serve as a clearinghouse to facilitate the shar12 ing of information on the development of skill stand13 ards and other relevant information among represent14 atives of occupations and industries identified pursu15 ant to subsection (a), and among education and

16 training providers;

17 (4) develop a common nomenclature relating to

18 skill standards;

19 (5) encourage the development and adoption of

20 curricula and training materials, for attaining the

21 skill standards endorsed pursuant to subsection (d),

22 that provide for structured work experiences and re23 lated study programs leading to progressive levels of

24 professional and technical certification;
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1 (6) provide appropriate technical assistance to

2 voluntary partnerships involved in the development of

3 standards and systems described in subsection (b);

4 and

5 (7) facilitate coordination among voluntary

6 partnerships that meet the requirements of subsection

7 (b)(2) in order to promote the development of a coher8 ent national system of voluntary skill standards.

9 (d) ENDORSEMENT OF SKILL STANDARDS SYSTEMS.—

10 (1) IN GENERAL.—The National Board, after

11 public review and comment, shall endorse skill stand12 ards systems relating to the occupational clusters

13 identified pursuant to subsection (a) that—

14 (A) meet the requirements of paragraph (2);

15 (B) are submitted by voluntary partner16 ships that meet the requirements of subsection

17 (b)(2); and

18 (C) meet additional objective criteria that

19 are published by the National Board.

20 (2) COMPONENTS OF SYSTEM.—The skill stand21 ards systems endorsed pursuant to paragraph (1)

22 shall have one or more of the following components:

23 (A) Voluntary skill standards, which—

24 (i) are formulated in such a manner

25 that promotes the portability of credentials
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1 and facilitates worker mobility within an

2 occupational cluster or industry and among

3 industries;

4 (ii) are in a form that allows for regu5 lar updating to take into account advances

6 in technology or other developments within

7 the occupational cluster;

8 (iii) are not discriminatory with re9 spect to race, color, religion, sex, national

10 origin, ethnicity, age, or disability;

11 (iv) meet or exceed the highest applica12 ble standards used in the United States, in13 cluding apprenticeship standards registered

14 under the Act of August 16, 1937 (com15 monly known as the ‘‘National Apprentice16 ship Act’’, 50 Stat. 664, chapter 663, 29

17 U.S.C. 50 et seq.); and

18 (v) have been developed after taking

19 into account—

20 (I) relevant standards used in

21 other countries and relevant inter22 national standards;

23 (II) voluntary national content

24 standards and voluntary national stu-
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1 dent performance standards developed

2 pursuant to section 213; and

3 (III) the requirements of high per4 formance work organizations.

5 (B) A voluntary system of assessment and

6 certification of the attainment of skill standards

7 developed pursuant to subparagraph (A),

8 which—

9 (i) utilizes a variety of evaluation tech10 niques, including, where appropriate, oral

11 and written evaluations, portfolio assess12 ments, and performance tests;

13 (ii) includes methods for establishing

14 the validity and reliability of the assessment

15 and certification system for the intended

16 purposes of the system; and

17 (iii) has been developed after taking

18 into account relevant methods of assessment

19 and certification used in other countries.

20 (C) A system to disseminate information re21 lating to the skill standards, and the assessment

22 and certification systems, developed pursuant to

23 this paragraph (including dissemination of in24 formation relating to civil rights laws relevant to

25 the use of such standards and systems), and to
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1 promote use of such standards and systems by,

2 entities such as institutions of higher education

3 offering professional and technical education,

4 labor organizations, trade and technical associa5 tions, and employers providing formalized train6 ing, and other organizations likely to benefit

7 from such standards and systems.

8 (D) A system to evaluate the implementa9 tion and effectiveness of the skill standards, the

10 assessment and certification systems, and the in11 formation dissemination systems, developed pur12 suant to this paragraph.

13 (E) A system to periodically revise and up14 date the skill standards, and the assessment and

15 certification systems, developed pursuant to this

16 paragraph, which will take into account changes

17 in standards in other countries.

18 (e) RELATIONSHIP WITH CIVIL RIGHTS LAWS.—

19 (1) IN GENERAL.—Nothing in this title shall be

20 construed to modify or affect any Federal or State

21 law prohibiting discrimination on the basis of race,

22 color, religion, sex, national origin, ethnicity, age, or

23 disability.

24 (2) EVIDENCE.—The endorsement or absence of

25 an endorsement by the National Board of a skill
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1 standard, or assessment and certification system, en2 dorsed under subsection (d) may not be used in any

3 action or proceeding to establish that the use of a skill

4 standard or assessment and certification system con5 forms or does not conform to the requirements of civil

6 rights laws.

7 (f) COORDINATION.—The National Board shall estab8 lish cooperative arrangements with the National Education

9 Standards and Improvement Council to promote the coordi10 nation of the development of skill standards under this sec11 tion with the development of voluntary national content

12 standards and voluntary national student performance

13 standards in accordance with section 213.

14 (g) FINANCIAL ASSISTANCE.—

15 (1) IN GENERAL.—(A) From funds appropriated

16 pursuant to the authority of section 507, the Sec17 retary of Labor may award grants and enter into

18 contracts and cooperative arrangements (including

19 awarding grants to, and entering into contracts and

20 cooperative agreements with, voluntary partnerships

21 in accordance with paragraph (2)) that are requested

22 by the National Board for the purposes of carrying

23 out this title.

24 (B) Each entity desiring a grant, contract or co25 operative agreement under this title shall submit an
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1 application to the National Board at such time, in

2 such manner and accompanied by such information

3 as the National Board may reasonably require.

4 (2) SPECIAL RULE REGARDING ASSISTANCE FOR

5 VOLUNTARY PARTNERSHIPS.—The Secretary only

6 shall award a grant to, or enter into a contract or

7 cooperative agreement with, a voluntary partnership

8 that meets the requirements of subsection (b)(2) for

9 the development of skill standards systems in accord10 ance with subsection (d).

11 (3) CRITERIA FOR BOARD CONSIDERATION.—

12 Prior to each of the fiscal years 1994 through 1998,

13 the National Board shall publish objective criteria for

14 the National Board’s consideration of applications

15 submitted pursuant to paragraph (1)(B).

16 (4) RECOMMENDATIONS TO THE SECRETARY OF

17 LABOR.—The National Board shall review each appli18 cation received pursuant to paragraph (1)(B) in ac19 cordance with the objective criteria published pursu20 ant to paragraph (3), and shall submit each such ap21 plication to the Secretary of Labor accompanied by a

22 recommendation by the National Board on whether or

23 not the Secretary of Labor should award a grant to

24 the applicant.

25 (5) LIMITATION ON USE OF FUNDS.—
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1 (A) IN GENERAL.—Not more than 20 per2 cent of the funds appropriated pursuant to the

3 authority of section 507(a) for each fiscal year

4 shall be used by the National Board for the costs

5 of administration.

6 (B) STARTUP COSTS.—Notwithstanding

7 subparagraph (A), in order to facilitate the es8 tablishment of the National Board, the limita9 tion contained in subparagraph (A) shall not

10 apply to funds appropriated pursuant to the au11 thority of section 507(a) for fiscal year 1994.

12 (C) DEFINITION.—For purposes of this

13 paragraph, the term ‘‘costs of administration’’

14 means costs relating to staff, supplies, equip15 ment, space, and travel and per diem, costs of

16 conducting meetings and conferences, and other

17 related costs.

18 SEC. 505. DEADLINES.

19 Not later than December 31, 1996, the National Board

20 shall—

21 (1) identify occupational clusters pursuant to

22 section 504(a) representing a substantial portion of

23 the work force; and
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1 (2) promote the endorsement of an initial set of

2 skill standards in accordance with section 504(d) for

3 such clusters.

4 SEC. 506. REPORTS.

5 The National Board shall prepare and submit to the

6 President and the Congress in each of the fiscal years 1994

7 through 1998, a report on the activities conducted under

8 this title. Such report shall include information on the ex9 tent to which skill standards have been adopted by employ10 ers, training providers, and other entities, and on the effec11 tiveness of such standards in accomplishing the purposes

12 described in section 502.

13 SEC. 507. AUTHORIZATION OF APPROPRIATIONS.

14 (a) IN GENERAL.—There are authorized to be appro15 priated to carry out this title $15,000,000 for fiscal year

16 1994 and such sums as may be necessary for each of fiscal

17 years 1995 through 1998.

18 (b) AVAILABILITY.—Amounts appropriated pursuant

19 to subsection (a) shall remain available until expended.

20 SEC. 508. DEFINITIONS.

21 As used in this title:

22 (1) COMMUNITY-BASED ORGANIZATIONS.—The

23 term ‘‘community-based organizations’’ has the mean24 ing given the term in section 4(5) of the Job Training

25 Partnership Act (29 U.S.C. 1503(5)).
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1 (2) EDUCATIONAL INSTITUTION.—The term

2 ‘‘educational institution’’ means a high school, a vo3 cational school, and an institution of higher edu4 cation.

5 (3) INSTITUTION OF HIGHER EDUCATION.—The

6 term ‘‘institution of higher education’’ has the mean7 ing given the term in section 1201(a) of the Higher

8 Education Act of 1965 (20 U.S.C. 1141(a)).

9 (4) SKILL STANDARD.—The term ‘‘skill stand10 ard’’ means the level of knowledge and competence re11 quired to successfully perform work-related functions

12 within an occupational cluster.

13 SEC. 509. SUNSET PROVISION.

14 (a) REPEAL.—This title is repealed on September 30,

15 1998.

16 (b) REVIEW OF REPEAL.—It is the sense of the Con17 gress that the appropriate committees of the Congress should

18 review the accomplishments of the National Board prior to

19 the date of repeal described in subsection (a) in order to

20 determine whether it is appropriate to extend the authori21 ties provided under this title for a period beyond such date.
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1 TITLE VI—SAFE SCHOOLS

2 PART A—SAFE SCHOOLS PROGRAM

3 SEC. 601. SHORT TITLE; STATEMENT OF PURPOSE.

4 (a) SHORT TITLE.—This part may be cited as the

5 ‘‘Safe Schools Act of 1994’’.

6 (b) STATEMENT OF PURPOSE.—It is the purpose of

7 this part to help local school systems achieve Goal Six of

8 the National Education Goals, which provides that by the

9 year 2000, every school in America will be free of drugs

10 and violence and will offer a disciplined environment con11 ducive to learning, by ensuring that all schools are safe and

12 free of violence.

13 SEC. 602. SAFE SCHOOLS PROGRAM AUTHORIZED.

14 (a) AUTHORITY.—

15 (1) IN GENERAL.—From funds appropriated

16 pursuant to the authority of subsection (b)(1), the

17 Secretary shall make competitive grants to eligible

18 local educational agencies to enable such agencies to

19 carry out projects and activities designed to achieve

20 Goal Six of the National Education Goals by helping

21 to ensure that all schools are safe and free of violence.

22 (2) GRANT DURATION AND AMOUNT.—Grants

23 under this part may not exceed—

24 (A) two fiscal years in duration, except that

25 the Secretary shall not award any new grants in
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1 fiscal year 1996 but may make payments pursu2 ant to a 2-year grant which terminates in such

3 fiscal year; and

4 (B) $3,000,000 in any fiscal year.

5 (3) GEOGRAPHIC DISTRIBUTION.—To the extent

6 practicable, grants under this title shall be awarded

7 to eligible local educational agencies serving rural, as

8 well as urban, areas.

9 (b) AUTHORIZATION OF APPROPRIATIONS.—

10 (1) IN GENERAL.—There are authorized to be ap11 propriated $75,000,000 for fiscal year 1994,

12 $100,000,000 for fiscal year 1995, and such sums as

13 may be necessary for fiscal year 1996, to carry out

14 this part.

15 (2) RESERVATION.—The Secretary is authorized

16 in each fiscal year to reserve not more than 10 per17 cent of the amount appropriated pursuant to the au18 thority of paragraph (1) to carry out national leader19 ship activities described in section 606, of which 50

20 percent of such amount shall be available in such fis21 cal year to carry out the program described in section

22 606(b).

23 SEC. 603. ELIGIBLE APPLICANTS.

24 (a) IN GENERAL.—To be eligible to receive a grant

25 under this part, a local educational agency shall dem-
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1 onstrate in the application submitted pursuant to section

2 604(a) that such agency—

3 (1) serves an area in which there is a high rate

4 of—

5 (A) homicides committed by persons be6 tween the ages 5 to 18, inclusive;

7 (B) referrals of youth to juvenile court;

8 (C) youth under the supervision of the

9 courts;

10 (D) expulsions and suspension of students

11 from school;

12 (E) referrals of youth, for disciplinary rea13 sons, to alternative schools; or

14 (F) victimization of youth by violence,

15 crime, or other forms of abuse; and

16 (2) has serious school crime, violence, and dis17 cipline problems, as indicated by other appropriate

18 data.

19 (b) PRIORITY.—In awarding grants under this part,

20 the Secretary shall give priority to a local educational agen21 cy that—

22 (1) receives assistance under section 1006 of the

23 Elementary and Secondary Education Act of 1965 or

24 meets the criteria described in clauses (i) and (ii) of

25 section 1006(a)(1)(A) of such Act; and
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1 (2) submits an application that assures a strong

2 local commitment to the projects or activities assisted

3 under this part, such as—

4 (A) the formation of partnerships among

5 the local educational agency, a community-based

6 organization, a nonprofit organization with a

7 demonstrated commitment to or expertise in de8 veloping education programs or providing edu9 cational services to students or the public, a local

10 law enforcement agency, or any combination

11 thereof; and

12 (B) a high level of youth participation in

13 such projects or activities.

14 (c) DEFINITIONS.—For the purpose of this part—

15 (1) the term ‘‘local educational agency’’ has the

16 same meaning given to such term in section 1471(12)

17 of the Elementary and Secondary Education Act of

18 1965; and

19 (2) the term ‘‘Secretary’’ means the Secretary of

20 Education.

21 SEC. 604. APPLICATIONS AND PLANS.

22 (a) APPLICATION.—In order to receive a grant under

23 this part, a local educational agency shall submit to the

24 Secretary an application that includes—
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1 (1) an assessment of the current violence and

2 crime problems in the schools and community to be

3 served by the grant;

4 (2) an assurance that the applicant has written

5 policies regarding school safety, student discipline,

6 and the appropriate handling of violent or disruptive

7 acts;

8 (3) a description of the schools and communities

9 to be served by the grant, the projects and activities

10 to be carried out with grant funds, and how these

11 projects and activities will help to reduce the current

12 violence and crime problems in such schools and com13 munities;

14 (4) if the local educational agency receives funds

15 under Goals 2000: Educate America Act, an expla16 nation of how projects and activities assisted under

17 this part will be coordinated with and support such

18 agency’s comprehensive local improvement plan pre19 pared under that Act;

20 (5) the applicant’s plan to establish school-level

21 advisory committees, which include faculty, parents,

22 staff, and students, for each school to be served by the

23 grant and a description of how each committee will

24 assist in assessing that school’s violence and discipline

25 problems as well as in designing appropriate pro-
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1 grams, policies, and practices to address those prob2 lems;

3 (6) the applicant’s plan for collecting baseline

4 and future data, by individual schools, to monitor vi5 olence and discipline problems and to measure such

6 applicant’s progress in achieving the purpose of this

7 part;

8 (7) an assurance that grant funds under this

9 part will be used to supplement and not to supplant

10 State and local funds that would, in the absence of

11 funds under this part, be made available by the ap12 plicant for the purpose of this part;

13 (8) an assurance that the applicant will cooper14 ate with, and provide assistance to, the Secretary in

15 gathering statistics and other data the Secretary de16 termines are necessary to assess the effectiveness of

17 projects and activities assisted under this part or the

18 extent of school violence and discipline problems

19 throughout the Nation;

20 (9) an assurance that the local educational agen21 cy has a written policy that prohibits sexual contact

22 between school personnel and a student; and

23 (10) such other information as the Secretary

24 may require.
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1 (b) PLAN.—In order to receive funds under this part

2 for a second year, a grantee shall submit to the Secretary

3 a comprehensive, long-term, school safety plan for reducing

4 and preventing school violence and discipline problems.

5 Such plan shall contain—

6 (1) a description of how the grantee will coordi7 nate its school crime and violence prevention efforts

8 with education, law-enforcement, judicial, health, so9 cial service, and other appropriate agencies and orga10 nizations serving the community; and

11 (2) in the case that the grantee receives funds

12 under the Goals 2000: Educate America Act, an ex13 planation of how the grantee’s comprehensive plan

14 under this subsection is consistent with and supports

15 its comprehensive local improvement plan prepared

16 under that Act, if such explanation differs from that

17 provided in the grantee’s application under that Act.

18 SEC. 605. USE OF FUNDS.

19 (a) USE OF FUNDS.—

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

21 shall use grant funds received under this part for one

22 or more of the following activities:

23 (A) Identifying and assessing school vio24 lence and discipline problems, including coordi25 nating needs assessment activities and education,
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1 law-enforcement, judicial, health, social service,

2 and other appropriate agencies and organiza3 tions.

4 (B) Conducting school safety reviews or vio5 lence prevention reviews of programs, policies,

6 practices, and facilities to determine what

7 changes are needed to reduce or prevent violence

8 and promote safety and discipline.

9 (C) Planning for comprehensive, long-term

10 strategies for addressing and preventing school

11 violence and discipline problems through the in12 volvement and coordination of school programs

13 with other education, law-enforcement, judicial,

14 health, social service, and other appropriate

15 agencies and organizations.

16 (D) Training school personnel in programs

17 of demonstrated effectiveness in addressing vio18 lence, including violence prevention, conflict res19 olution, anger management, peer mediation, and

20 identification of high-risk youth.

21 (E) Community education programs, in22 cluding video- and technology-based projects, in23 forming parents, businesses, local government,

24 the media and other appropriate entities

25 about—
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1 (i) the local educational agency’s plan

2 to promote school safety and reduce and

3 prevent school violence and discipline prob4 lems; and

5 (ii) the need for community support.

6 (F) Coordination of school-based activities

7 designed to promote school safety and reduce or

8 prevent school violence and discipline problems

9 with related efforts of education, law-enforce10 ment, judicial, health, social service, and other

11 appropriate agencies and organizations.

12 (G) Developing and implementing violence

13 prevention activities, including—

14 (i) conflict resolution and social skills

15 development for students, teachers, aides,

16 other school personnel, and parents;

17 (ii) disciplinary alternatives to expul18 sion and suspension of students who exhibit

19 violent or anti-social behavior;

20 (iii) student-led activities such as peer

21 mediation, peer counseling, and student

22 courts; or

23 (iv) alternative after-school programs

24 that provide safe havens for students, which
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1 may include cultural, recreational, and edu2 cational and instructional activities.

3 (H) Educating students and parents re4 garding the dangers of guns and other weapons

5 and the consequences of their use.

6 (I) Developing and implementing innova7 tive curricula to prevent violence in schools and

8 training staff how to stop disruptive or violent

9 behavior if such behavior occurs.

10 (J) Supporting ‘‘safe zones of passage’’ for

11 students between home and school through such

12 measures as Drug- and Weapon-Free School

13 Zones, enhanced law enforcement, and neighbor14 hood patrols.

15 (K) Counseling programs for victims and

16 witnesses of school violence and crime.

17 (L) Minor remodeling to promote security

18 and reduce the risk of violence, such as removing

19 lockers, installing better lights, and upgrading

20 locks.

21 (M) Acquiring and installing metal detec22 tors and hiring security personnel.

23 (N) Reimbursing law enforcement authori24 ties for their personnel who participate in school

25 violence prevention activities.
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1 (O) Evaluating projects and activities as2 sisted under this part.

3 (P) The cost of administering projects or ac4 tivities assisted under this part.

5 (Q) Other projects or activities that meet

6 the purpose of this part.

7 (2) LIMITATION.—A local educational agency

8 may use not more than—

9 (A) a total of 10 percent of grant funds re10 ceived under this part in each fiscal year for ac11 tivities described in subparagraphs (J), (L), (M),

12 and (N) of paragraph (1); and

13 (B) 5 percent of grant funds received under

14 this part in each fiscal year for activities de15 scribed in subparagraph (P) of paragraph (1).

16 (3) PROHIBITION.—A local educational agency

17 may not use grant funds received under this part for

18 construction.

19 SEC. 606. NATIONAL LEADERSHIP.

20 (a) IN GENERAL.—To carry out the purpose of this

21 part, the Secretary is authorized to use funds reserved under

22 section 602(b)(2) to conduct national leadership activities

23 such as research, program development and evaluation,

24 data collection, public awareness activities, training and

25 technical assistance, dissemination (through appropriate
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1 research entities assisted by the Department of Education)

2 of information on successful projects, activities, and strate3 gies developed pursuant to this part, and peer review of

4 applications under this part. The Secretary may carry out

5 such activities directly, through interagency agreements, or

6 through grants, contracts or cooperative agreements.

7 (b) NATIONAL MODEL CITY.—The Secretary shall des8 ignate the District of Columbia as a national model city

9 and shall provide funds made available pursuant to section

10 602(b)(2) in each fiscal year to a local educational agency

11 serving the District of Columbia in an amount sufficient

12 to enable such agency to carry out a comprehensive pro13 gram to address school and youth violence.

14 SEC. 607. NATIONAL COOPERATIVE EDUCATION STATISTICS

15 SYSTEM.

16 Subparagraph (A) of section 406(h)(2) of the General

17 Education Provisions Act (20 U.S.C. 1221e–1(h)(2)(A)) is

18 amended—

19 (1) in clause (vi), by striking ‘‘and’’ after the

20 semicolon; and

21 (2) by adding after clause (vii) the following new

22 clause:

23 ‘‘(viii) school safety policy, and statis24 tics on the incidents of school violence;

25 and’’.
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1 SEC. 608. COORDINATION OF FEDERAL ASSISTANCE.

2 The Attorney General, through the Coordinating Coun3 cil on Juvenile Justice and Delinquency Prevention of the

4 Department of Justice, shall coordinate the programs and

5 activities carried out under this Act with the programs and

6 activities carried out by the departments and offices rep7 resented within the Council that provide assistance under

8 other law for purposes that are similar to the purpose of

9 this Act, in order to avoid redundancy and coordinate Fed10 eral assistance, research, and programs for youth violence

11 prevention.

12 SEC. 609. EFFECTIVE DATE.

13 This part and the amendments made by this part shall

14 take effect on the date of enactment of this Act.

15 PART B—STATE LEADERSHIP ACTIVITIES TO

16 PROMOTE SAFE SCHOOLS

17 SEC. 621. STATE LEADERSHIP ACTIVITIES TO PROMOTE

18 SAFE SCHOOLS PROGRAM.

19 (a) SHORT TITLE.—This section may be cited as the

20 ‘‘State Leadership Activities to Promote Safe Schools Act’’.

21 (b) AUTHORITY.—The Secretary is authorized to

22 award grants to State educational agencies from allocations

23 under subsection (c) to enable such agencies to carry out

24 the authorized activities described in subsection (e).

25 (c) ALLOCATION.—Each State educational agency hav26 ing an application approved under subsection (d) shall be
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1 eligible to receive a grant under this section for each fiscal

2 year that bears the same ratio to the amount appropriated

3 pursuant to the authority of subsection (f) for such year

4 as the amount such State educational agency receives pur5 suant to section 1006 of the Elementary and Secondary

6 Education Act of 1965 for such year bears to the total

7 amount allocated to all such agencies in all States having

8 applications approved under subsection (d) for such year,

9 except that no State educational agency having an applica10 tion approved under subsection (d) in any fiscal year shall

11 receive less than $100,000 for such year.

12 (d) APPLICATION.—Each State educational agency de13 siring a grant under this section shall submit an applica14 tion to the Secretary at such time, in such manner and

15 containing such information as the Secretary may reason16 ably require. Each such application shall—

17 (1) describe the activities and services for which

18 assistance is sought;

19 (2) contain a statement of the State educational

20 agency’s goals and objectives for violence prevention

21 and a description of the procedures to be used for as22 sessing and publicly reporting progress toward meet23 ing those goals and objectives; and

24 (3) contain a description of how the State edu25 cational agency will coordinate such agency’s activi-
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1 ties under this section with the violence prevention ef2 forts of other State agencies.

3 (e) USE OF FUNDS.—Grant funds awarded under this

4 section shall be used—

5 (1) to support a statewide resource coordinator;

6 (2) to provide technical assistance to both rural

7 and urban local school districts;

8 (3) to disseminate to local educational agencies

9 and schools information on successful school violence

10 prevention programs funded through Federal, State,

11 local and private sources;

12 (4) to make available to local educational agen13 cies teacher training and parent and student aware14 ness programs, which training and programs may be

15 provided through video or other telecommunications

16 approaches;

17 (5) to supplement and not supplant other Fed18 eral, State and local funds available to carry out the

19 activities assisted under this section; and

20 (6) for other activities the Secretary may deem

21 appropriate.

22 (f) AUTHORIZATION OF APPROPRIATIONS.—There are

23 authorized to be appropriated $10,000,000 for each of the

24 fiscal years 1995 and 1996 to carry out this section.
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1 TITLE VII—MIDNIGHT BASKET2 BALL LEAGUE TRAINING AND

3 PARTNERSHIP

4 SEC. 701. SHORT TITLE.

5 This title may be cited as the ‘‘Midnight Basketball

6 League Training and Partnership Act’’.

7 SEC. 702. GRANTS FOR MIDNIGHT BASKETBALL LEAGUE

8 TRAINING AND PARTNERSHIP PROGRAMS.

9 Section 520 of the Cranston-Gonzalez National Afford10 able Housing Act (42 U.S.C. 11903a) is amended—

11 (1) in the section heading by inserting ‘‘AND

12 ASSISTED’’ after ‘‘PUBLIC’’;

13 (2) in the subsection heading for subsection (a),

14 by inserting ‘‘PUBLIC HOUSING’’ before ‘‘YOUTH’’;

15 and

16 (3) by adding at the end the following new sub17 section:

18 ‘‘(l) MIDNIGHT BASKETBALL LEAGUE TRAINING AND

19 PARTNERSHIP PROGRAMS.—

20 ‘‘(1) AUTHORITY.—The Secretary of Housing

21 and Urban Development shall make grants, to the ex22 tent that amounts are approved in appropriations

23 Acts under paragraph (13), to—

24 ‘‘(A) eligible entities to assist such entities

25 in carrying out midnight basketball league pro-
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1 grams meeting the requirements of paragraph

2 (4); and

3 ‘‘(B) eligible advisory entities to provide

4 technical assistance to eligible entities in estab5 lishing and operating such midnight basketball

6 league programs.

7 ‘‘(2) ELIGIBLE ENTITIES.—

8 ‘‘(A) IN GENERAL.—Subject to subpara9 graph (B), grants under paragraph (1)(A) may

10 be made only to the following eligible entities:

11 ‘‘(i) Entities eligible under subsection

12 (b) for a grant under subsection (a).

13 ‘‘(ii) Nonprofit organizations provid14 ing employment counseling, job training, or

15 other educational services.

16 ‘‘(iii) Nonprofit organizations provid17 ing federally assisted low-income housing.

18 ‘‘(B) PROHIBITION ON SECOND GRANTS.—A

19 grant under paragraph (1)(A) may not be made

20 to an eligible entity if the entity has previously

21 received a grant under such paragraph, except

22 that the Secretary may exempt an eligible advi23 sory entity from the prohibition under this sub24 paragraph in extraordinary circumstances.
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1 ‘‘(3) USE OF GRANT AMOUNTS.—Any eligible en2 tity that receives a grant under paragraph (1)(A)

3 may use such amounts only—

4 ‘‘(A) to establish or carry out a midnight

5 basketball league program under paragraph (4);

6 ‘‘(B) for salaries for administrators and

7 staff of the program;

8 ‘‘(C) for other administrative costs of the

9 program, except that not more than 5 percent of

10 the grant amount may be used for such adminis11 trative costs; and

12 ‘‘(D) for costs of training and assistance

13 provided under paragraph (4)(I).

14 ‘‘(4) PROGRAM REQUIREMENTS.—Each eligible

15 entity receiving a grant under paragraph (1)(A) shall

16 establish a midnight basketball league program as fol17 lows:

18 ‘‘(A) The program shall establish a basket19 ball league of not less than 8 teams having 10

20 players each.

21 ‘‘(B) Not less than 50 percent of the players

22 in the basketball league shall be residents of fed23 erally assisted low-income housing or members of

24 low-income families (as such term is defined in
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1 section 3(b) of the United States Housing Act of

2 1937).

3 ‘‘(C) The program shall be designed to serve

4 primarily youths and young adults from a

5 neighborhood or community whose population

6 has not less than 2 of the following characteris7 tics (in comparison with national averages):

8 ‘‘(i) A substantial problem regarding

9 use or sale of illegal drugs.

10 ‘‘(ii) A high incidence of crimes com11 mitted by youths or young adults.

12 ‘‘(iii) A high incidence of persons in13 fected with the human immunodeficiency

14 virus or sexually transmitted diseases.

15 ‘‘(iv) A high incidence of pregnancy or

16 a high birth rate, among adolescents.

17 ‘‘(v) A high unemployment rate for

18 youths and young adults.

19 ‘‘(vi) A high rate of high school drop20 outs.

21 ‘‘(D) The program shall require each player

22 in the league to attend employment counseling,

23 job training, and other educational classes pro24 vided under the program, which shall be held im25 mediately following the conclusion of league bas-
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1 ketball games at or near the site of the games

2 and at other specified times.

3 ‘‘(E) The program shall serve only youths

4 and young adults who demonstrate a need for

5 such counseling, training, and education pro6 vided by the program, in accordance with cri7 teria for demonstrating need, which shall be es8 tablished by the Secretary, in consultation with

9 the Advisory Committee.

10 ‘‘(F) The majority of the basketball games of

11 the league shall be held between the hours of

12 10:00 p.m. and 2:00 a.m. at a location in the

13 neighborhood or community served by the pro14 gram.

15 ‘‘(G) The program shall obtain sponsors for

16 each team in the basketball league. Sponsors

17 shall be private individuals or businesses in the

18 neighborhood or community served by the pro19 gram who make financial contributions to the

20 program and participate in or supplement the

21 employment, job training, and educational serv22 ices provided to the players under the program

23 with additional training or educational opportu24 nities.
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1 ‘‘(H) The program shall comply with any

2 criteria established by the Secretary, in consulta3 tion with the Advisory Committee established

4 under paragraph (9).

5 ‘‘(I) Administrators or organizers of the

6 program shall receive training and technical as7 sistance provided by eligible advisory entities re8 ceiving grants under paragraph (8).

9 ‘‘(5) GRANT AMOUNT LIMITATIONS.—

10 ‘‘(A) PRIVATE CONTRIBUTIONS.—The Sec11 retary may not make a grant under paragraph

12 (1)(A) to an eligible entity that applies for a

13 grant under paragraph (6) unless the applicant

14 entity certifies to the Secretary that the entity

15 will supplement the grant amounts with

16 amounts of funds from non-Federal sources, as

17 follows:

18 ‘‘(i) In each of the first 2 years that

19 amounts from the grant are disbursed

20 (under subparagraph (E)), an amount suf21 ficient to provide not less than 35 percent

22 of the cost of carrying out the midnight bas23 ketball league program.

24 ‘‘(ii) In each of the last 3 years that

25 amounts from the grant are disbursed, an
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1 amount sufficient to provide not less than

2 50 percent of the cost of carrying out the

3 midnight basketball league program.

4 ‘‘(B) NON-FEDERAL FUNDS.—For purposes

5 of this paragraph, the term ‘funds from non-Fed6 eral sources’ includes amounts from nonprofit or7 ganizations, public housing agencies, States,

8 units of general local government, and Indian

9 housing authorities, private contributions, any

10 salary paid to staff (other than from grant

11 amounts under paragraph (1)(A)) to carry out

12 the program of the eligible entity, in-kind con13 tributions to carry out the program (as deter14 mined by the Secretary after consultation with

15 the Advisory Committee), the value of any do16 nated material, equipment, or building, the value

17 of any lease on a building, the value of any util18 ities provided, and the value of any time and

19 services contributed by volunteers to carry out

20 the program of the eligible entity.

21 ‘‘(C) PROHIBITION ON SUBSTITUTION OF

22 FUNDS.—Grant amounts under paragraph

23 (1)(A) and amounts provided by States and

24 units of general local government to supplement

25 grant amounts may not be used to replace other
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1 public funds previously used, or designated for

2 use, under this section.

3 ‘‘(D) MAXIMUM AND MINIMUM GRANT

4 AMOUNTS.—

5 ‘‘(i) IN GENERAL.—The Secretary may

6 not make a grant under paragraph (1)(A)

7 to any single eligible entity in an amount

8 less than $55,000 or exceeding $130,000, ex9 cept as provided in clause (ii).

10 ‘‘(ii) EXCEPTION FOR LARGE

11 LEAGUES.—In the case of a league having

12 more than 80 players, a grant under para13 graph (1)(A) may exceed $130,000, but may

14 not exceed the amount equal to 35 percent

15 of the cost of carrying out the midnight bas16 ketball league program.

17 ‘‘(E) DISBURSEMENT.—Amounts provided

18 under a grant under paragraph (1)(A) shall be

19 disbursed to the eligible entity receiving the

20 grant over the 5-year period beginning on the

21 date that the entity is selected to receive the

22 grant, as follows:

23 ‘‘(i) In each of the first 2 years of such

24 5-year period, 23 percent of the total grant

25 amount shall be disbursed to the entity.
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1 ‘‘(ii) In each of the last 3 years of such

2 5-year period, 18 percent of the total grant

3 amount shall be disbursed to the entity.

4 ‘‘(6) APPLICATIONS.—To be eligible to receive a

5 grant under paragraph (1)(A), an eligible entity shall

6 submit to the Secretary an application in the form

7 and manner required by the Secretary (after consulta8 tion with the Advisory Committee), which shall in9 clude—

10 ‘‘(A) a description of the midnight basket11 ball league program to be carried out by the en12 tity, including a description of the employment

13 counseling, job training, and other educational

14 services to be provided;

15 ‘‘(B) letters of agreement from service pro16 viders to provide training and counseling serv17 ices required under paragraph (4) and a descrip18 tion of such service providers;

19 ‘‘(C) letters of agreement providing for fa20 cilities for basketball games and counseling,

21 training, and educational services required

22 under paragraph (4) and a description of the fa23 cilities;

24 ‘‘(D) a list of persons and businesses from

25 the community served by the program who have
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1 expressed interest in sponsoring, or have made

2 commitments to sponsor, a team in the midnight

3 basketball league; and

4 ‘‘(E) evidence that the neighborhood or com5 munity served by the program meets the require6 ments of paragraph (4)(C).

7 ‘‘(7) SELECTION.—The Secretary, in consulta8 tion with the Advisory Committee, shall select eligible

9 entities that have submitted applications under para10 graph (6) to receive grants under paragraph (1)(A).

11 The Secretary, in consultation with the Advisory

12 Committee, shall establish criteria for selection of ap13 plicants to receive such grants. The criteria shall in14 clude a preference for selection of eligible entities car15 rying out midnight basketball league programs in

16 suburban and rural areas.

17 ‘‘(8) TECHNICAL ASSISTANCE GRANTS.—Tech18 nical assistance grants under paragraph (1)(B) shall

19 be made as follows:

20 ‘‘(A) ELIGIBLE ADVISORY ENTITIES.—Tech21 nical assistance grants may be made only to en22 tities that—

23 ‘‘(i) are experienced and have expertise

24 in establishing, operating, or administering

25 successful and effective programs for mid-
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1 night basketball and employment, job train2 ing, and educational services similar to the

3 programs under paragraph (4); and

4 ‘‘(ii) have provided technical assistance

5 to other entities regarding establishment

6 and operation of such programs.

7 ‘‘(B) USE.—Amounts received under tech8 nical assistance grants shall be used to establish

9 centers for providing technical assistance to enti10 ties receiving grants under paragraph (1)(A) of

11 this subsection and subsection (a) regarding es12 tablishment, operation, and administration of ef13 fective and successful midnight basketball league

14 programs under this subsection and subsection

15 (c)(3).

16 ‘‘(C) NUMBER AND AMOUNT.—To the extent

17 that amounts are provided in appropriations

18 Acts under paragraph (13)(B) in each fiscal

19 year, the Secretary shall make technical assist20 ance grants under paragraph (1)(B). In each fis21 cal year that such amounts are available the Sec22 retary shall make 4 such grants, as follows:

23 ‘‘(i) 2 grants shall be made to eligible

24 advisory entities for development of mid-
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1 night basketball league programs in public

2 housing projects.

3 ‘‘(ii) 2 grants shall be made to eligible

4 advisory entities for development of mid5 night basketball league programs in subur6 ban or rural areas.

7 Each grant shall be in an amount not exceeding

8 $25,000.

9 ‘‘(9) ADVISORY COMMITTEE.—The Secretary of

10 Housing and Urban Development shall appoint an

11 Advisory Committee to assist the Secretary in provid12 ing grants under this subsection. The Advisory Com13 mittee shall be composed of not more than 7 members,

14 as follows:

15 ‘‘(A) Not less than 2 individuals who are

16 involved in managing or administering mid17 night basketball programs that the Secretary de18 termines have been successful and effective. Such

19 individuals may not be involved in a program

20 assisted under this subsection or a member or

21 employee of an eligible advisory entity that re22 ceives a technical assistance grant under para23 graph (1)(B).

24 ‘‘(B) A representative of the Center for Sub25 stance Abuse Prevention of the Public Health
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1 Service, Department of Health and Human

2 Services, who is involved in administering the

3 grant program for prevention, treatment, and re4 habilitation model projects for high risk youth

5 under section 509A of the Public Health Service

6 Act (42 U.S.C. 290aa–8), who shall be selected

7 by the Secretary of Health and Human Services.

8 ‘‘(C) A representative of the Department of

9 Education, who shall be selected by the Secretary

10 of Education.

11 ‘‘(D) A representative of the Department of

12 Health and Human Services, who shall be se13 lected by the Secretary of Health and Human

14 Services from among officers and employees of

15 the Department involved in issues relating to

16 high-risk youth.

17 ‘‘(10) REPORTS.—The Secretary shall require

18 each eligible entity receiving a grant under para19 graph (1)(A) and each eligible advisory entity receiv20 ing a grant under paragraph (1)(B) to submit to the

21 Secretary, for each year in which grant amounts are

22 received by the entity, a report describing the activi23 ties carried out with such amounts.

24 ‘‘(11) STUDY.—To the extent amounts are pro25 vided under appropriation Acts pursuant to para-
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1 graph (13)(C), the Secretary shall make a grant to

2 one entity qualified to carry out a study under this

3 paragraph. The entity shall use such grant amounts

4 to carry out a scientific study of the effectiveness of

5 midnight basketball league programs under para6 graph (4) of eligible entities receiving grants under

7 paragraph (1)(A). The Secretary shall require such

8 entity to submit a report describing the study and

9 any conclusions and recommendations resulting from

10 the study to the Congress and the Secretary not later

11 than the expiration of the 2-year period beginning on

12 the date that the grant under this paragraph is made.

13 ‘‘(12) DEFINITIONS.—For purposes of this sub14 section:

15 ‘‘(A) The term ‘Advisory Committee’ means

16 the Advisory Committee established under para17 graph (9).

18 ‘‘(B) The term ‘eligible advisory entity’

19 means an entity meeting the requirements under

20 paragraph (8)(A).

21 ‘‘(C) The term ‘eligible entity’ means an en22 tity described under paragraph (2)(A).

23 ‘‘(D) The term ‘federally assisted low-in24 come housing’ has the meaning given the term in
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1 section 5126 of the Public and Assisted Housing

2 Drug Elimination Act of 1990.

3 ‘‘(13) AUTHORIZATION OF APPROPRIATIONS.—

4 There are authorized to be appropriated—

5 ‘‘(A) for grants under paragraph (1)(A),

6 $2,650,000 in each of fiscal years 1994 and

7 1995;

8 ‘‘(B) for technical assistance grants under

9 paragraph (1)(B), $100,000 in each of fiscal

10 years 1994 and 1995; and

11 ‘‘(C) for a study grant under paragraph

12 (11), $250,000 in fiscal year 1994.’’.

13 SEC. 703. PUBLIC HOUSING MIDNIGHT BASKETBALL

14 LEAGUE PROGRAMS.

15 Section 520(c) of the Cranston-Gonzalez National Af16 fordable Housing Act (42 U.S.C 11903a(c)) is amended by

17 adding at the end the following new paragraph:

18 ‘‘(3) MIDNIGHT BASKETBALL LEAGUE PRO19 GRAMS.—Notwithstanding any other provision of this

20 subsection and subsection (d), a grant under this sec21 tion may be used to carry out any youth sports pro22 gram that meets the requirements of a midnight bas23 ketball league program under subsection (l)(4) (not

24 including subparagraph (B) of such subsection) if the

25 program serves primarily youths and young adults
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1 from the public housing project in which the program

2 assisted by the grant is operated.’’.

3 TITLE VIII—YOUTH VIOLENCE IN

4 SCHOOLS AND COMMUNITIES

5 SEC. 801. PURPOSE.

6 It is the purpose of this title to help local communities

7 achieve Goal Six of the National Education Goals, which

8 provides that by the year 2000, every school in America

9 will be free of drugs and violence and will offer a disciplined

10 environment conducive to learning, by strengthening local

11 disciplinary control.

12 SEC. 802. FINDINGS.

13 The Congress finds that—

14 (1) the violence within elementary and secondary

15 schools across the Nation has increased dramatically

16 during the past decade;

17 (2) almost 3,000,000 crimes occur on or near

18 school campuses every year, with 16,000 crimes occur19 ring per school day or one crime occurring every 6

20 seconds;

21 (3) 20 percent of teachers in schools have re22 ported being threatened with violence by a student;

23 (4) schools are being asked to take on responsibil24 ities that society as a whole has neglected, and teach-
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1 ers and principals are being forced to referee fights

2 rather than teach;

3 (5) over two-thirds of public school teachers have

4 been verbally abused, threatened with injury, or phys5 ically attacked;

6 (6) violent or criminal behavior by students

7 interferes with a teacher’s ability to teach in a safe

8 environment the students not exhibiting such behav9 ior;

10 (7) 40 percent of all students do not feel safe in

11 school and 50 percent of all students know someone

12 who switched schools to feel safer;

13 (8) nearly one-half of the teachers who leave the

14 teaching profession cite discipline problems as one of

15 the main reasons for leaving such profession; and

16 (9) a lack of parental involvement contributes

17 strongly to school violence.

18 SEC. 803. PROVISIONS.

19 (a) LOCAL DISCIPLINE CONTROL.—No Federal law or

20 regulation, except education and civil rights laws protecting

21 individuals with disabilities, or State policy implementing

22 such a Federal law or regulation, shall restrict any local

23 educational agency, or elementary or secondary school, from

24 developing and implementing disciplinary policies and ac25 tion with respect to criminal or violent acts of students,
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1 occurring on school premises, in order to create an environ2 ment conducive to learning.

3 (b) SHARED INFORMATION.—No Federal law or regu4 lation, or State policy implementing such a Federal law

5 or regulation, shall restrict any local educational agency

6 or elementary or secondary school from requesting and re7 ceiving information from a State agency, local educational

8 agency, or an elementary or secondary school regarding a

9 conviction or juvenile adjudication, within five years of the

10 date of the request, or a pending prosecution for a violent

11 or weapons offense, of a student who is attending an elemen12 tary or secondary school served by the local educational

13 agency, or the elementary or secondary school, requesting

14 such information.

15 (c) PARENTAL RESPONSIBILITY.—It is the policy of

16 the Congress that States, in cooperation with local edu17 cational agencies, schools, and parent groups, should be en18 couraged to enforce disciplinary policies with respect to

19 parents of children who display criminal or violent behav20 ior toward teachers, students, other persons, or school prop21 erty.
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1 TITLE IX—EDUCATIONAL

2 RESEARCH AND IMPROVEMENT

3 SEC. 901. SHORT TITLE.

4 This title may be cited as the ‘‘Educational Research

5 and Improvement Act of 1994’’.

6 PART A—OFFICE OF EDUCATIONAL RESEARCH

7 AND IMPROVEMENT

8 SEC. 911. REPEAL.

9 (a) REPEAL.—Section 405 of the General Education

10 Provisions Act (20 U.S.C. 1221e) is repealed.

11 (b) CONFORMING AMENDMENT.—The second sentence

12 of section 209 of the Department of Education Organization

13 Act (20 U.S.C. 3419) is amended by inserting ‘‘and such

14 functions as set forth in section 102 of the Educational Re15 search and Improvement Act of 1993’’ after ‘‘delegate’’.

16 SEC. 912. OFFICE OF EDUCATIONAL RESEARCH AND IM17 PROVEMENT.

18 (a) PURPOSES; COMPOSITION; DEFINITIONS.—

19 (1) PURPOSES.—The purposes of the Office of

20 Educational Research and Improvement are to—

21 (A) assess, promote, and improve the qual22 ity and equity of education in the United States,

23 so that all Americans have an equal opportunity

24 to receive an education of the highest quality;
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1 (B) provide new directions for federally

2 supported research and development activities

3 with a view toward reform in the Nation’s school

4 systems, achieving the National Education Goals

5 and affecting national policy for education;

6 (C) provide leadership in the scientific in7 quiry into the educational process;

8 (D) provide leadership in advancing the

9 practice of education as an art, science, and pro10 fession;

11 (E) collect, analyze, and disseminate statis12 tics and other data related to education in the

13 United States and other nations; and

14 (F) make available to the Congress and the

15 people of the United States the results of research

16 and development activities in the field of edu17 cation in order to bring research directly to the

18 classroom to improve educational practice.

19 (2) COMPOSITION.—

20 (A) IN GENERAL.—The Office shall be ad21 ministered by the Assistant Secretary and shall

22 include—

23 (i) the Advisory Board of Educational

24 Research described in subparagraph (B);
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1 (ii) the directorates for educational re2 search described in subsections (c) through

3 (h);

4 (iii) the regional educational labora5 tories described in subsection (k);

6 (iv) the Office of Dissemination and

7 Reform Assistance described in subsection

8 (m);

9 (v) the National Education Library

10 described in subsection (o);

11 (vi) the Education Resources Informa12 tion Clearinghouses described in subsection

13 (p);

14 (vii) the National Center for Edu15 cation Statistics, including the National As16 sessment of Educational Progress; and

17 (viii) such other entities as the Assist18 ant Secretary deems appropriate to carry

19 out the purposes of the Office.

20 (B) ADVISORY BOARD OF EDUCATIONAL RE21 SEARCH.—

22 (i) ADVISORY BOARD OF EDUCATIONAL

23 RESEARCH.—The Advisory Board of Edu24 cational Research shall consist of 9 members

25 to be appointed by the Secretary. The As-
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1 sistant Secretary shall serve as an ex officio

2 member.

3 (ii) QUALIFICATIONS.—

4 (I) IN GENERAL.—The persons

5 appointed as members of the Advisory

6 Board shall be appointed solely on the

7 basis of—

8 (aa) eminence in the fields of

9 basic or applied research, or dis10 semination of such research; or

11 (bb) established records of

12 distinguished service in edu13 cational research and the edu14 cation professions, including prac15 titioners.

16 (II) CONSIDERATION.—In making

17 appointments under this clause, the

18 Secretary shall give due consideration

19 to the equitable representation of edu20 cational researchers who—

21 (aa) are women;

22 (bb) represent minority

23 groups; or

24 (cc) are classroom teachers

25 with research experience.
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1 (III) RECOMMENDATIONS.—In

2 making appointments under this

3 clause, the Secretary shall give due

4 consideration to any recommendations

5 for an appointment which may be sub6 mitted to the Secretary by a variety of

7 groups with prominence in educational

8 research and development, including

9 the National Academy of Education

10 and the National Academy of Sciences.

11 (IV) A member of the Advisory

12 Board may not serve on any other De13 partment of Education advisory board,

14 or as a paid consultant of such De15 partment.

16 (iii) TERM.—(I) The term of office of

17 each member of the Advisory Board shall be

18 6 years, except that initial appointments

19 shall be made to ensure staggered terms,

20 with one-third of such members’ terms ex21 piring every 2 years. Any member ap22 pointed to fill a vacancy occurring prior to

23 the expiration of the term for which the

24 member’s predecessor was appointed shall be

25 appointed for the remainder of such term.
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1 Any person, other than the Assistant Sec2 retary, who has been a member of the Advi3 sory Board for 12 consecutive years shall

4 thereafter be ineligible for appointment dur5 ing the 6-year period following such twelfth

6 year.

7 (II) PROHIBITION REGARDING RE8 MOVAL.—The Secretary shall neither remove

9 nor encourage the departure of a member of

10 the Advisory Board appointed in accord11 ance with this subparagraph before the ex12 piration of such member’s term.

13 (III) CHAIRPERSON.—The members of

14 the Advisory Board shall select a Chair15 person from among such members.

16 (IV) QUORUM.—A majority of the ap17 pointed members of the Advisory Board

18 shall constitute a quorum.

19 (V) STAFF.—From amounts appro20 priated pursuant to the authority of sub21 section (q)(1)(A), the Advisory Board, in

22 consultation with the Assistant Secretary,

23 shall recommend for appointment such staff

24 as may be necessary. Such staff shall be ap25 pointed by the Assistant Secretary and as-
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1 signed at the direction of the Advisory

2 Board.

3 (iv) RESPONSIBILITIES.—The Advisory

4 Board shall provide oversight of the Office,

5 and shall—

6 (I) advise the Nation on the Fed7 eral research and development effort;

8 (II) recommend ways for strength9 ening active partnerships among re10 searchers, educational practitioners, li11 brarians, and policymakers;

12 (III) recommend ways to strength13 en interaction and collaboration be14 tween the various program offices and

15 components;

16 (IV) solicit advice and informa17 tion from the educational field, to de18 fine research needs and suggestions for

19 research topics, and shall involve edu20 cational practitioners, particularly

21 teachers, in this process;

22 (V) solicit advice from practition23 ers, policymakers, and researchers, and

24 recommend missions for the national

25 research centers assisted under this sec-
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1 tion by identifying topics which re2 quire long-term, sustained, systematic,

3 programmatic, and integrated research

4 and dissemination efforts;

5 (VI) provide recommendations for

6 translating research findings into

7 workable, adaptable models for use in

8 policy and in practice across different

9 settings, and recommendations for

10 other forms of dissemination;

11 (VII) provide recommendations

12 for creating incentives to draw talented

13 young people into the field of edu14 cational research, including scholars

15 from disadvantaged and minority

16 groups;

17 (VIII) provide recommendations

18 for new studies to close gaps in the re19 search base;

20 (IX) evaluate and provide rec21 ommendations to the President and the

22 Congress regarding the quality of re23 search conducted through each direc24 torate and regional educational labora25 tory, the relevance of the research top-
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1 ics, and the effectiveness of the dissemi2 nation of each directorate’s and labora3 tory’s activities;

4 (X) advise the Assistant Secretary

5 on standards and guidelines for re6 search programs and activities to en7 sure that research is of high quality

8 and free from partisan political influ9 ence; and

10 (XI) provide recommendations to

11 promote coordination and synthesis of

12 research among directorates.

13 (v) COMMITTEES AND REPORTS.—

14 (I) IN GENERAL.—The Advisory

15 Board is authorized to appoint from

16 among its members such committees as

17 the Advisory Board deems necessary,

18 and to assign to committees so ap19 pointed such survey and advisory func20 tions as the Advisory Board deems ap21 propriate to assist the Advisory Board

22 in exercising its powers and functions

23 under this section.

24 (II) From amounts appropriated

25 pursuant to subsection (q)(1), the Ad-
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1 visory Board shall transmit to the

2 President, for submission to the Con3 gress not later than January 15 of

4 each even-numbered year, a report on

5 the activities of the Office, and on edu6 cation, educational research, national

7 indicators, and data-gathering in gen8 eral.

9 (3) DEFINITIONS.—For the purposes of this sec10 tion—

11 (A) the term ‘‘Advisory Board’’ means the

12 Advisory Board of Educational Research estab13 lished under paragraph (2)(B);

14 (B) the term ‘‘Assistant Secretary’’ means

15 the Assistant Secretary for Educational Research

16 and Improvement established by section 202 of

17 the Department of Education Organization Act;

18 (C) the term ‘‘development’’ means trans19 formation or adaptation of research results into

20 usable forms, in order to contribute to the im21 provement of educational practice;

22 (D) the term ‘‘dissemination’’ means the

23 communication and transfer of the results of re24 search and proven practice in forms that are un25 derstandable, easily accessible and usable or
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1 adaptable for use in the improvement of edu2 cational practice by teachers, administrators, li3 brarians, other practitioners, researchers, policy4 makers, and the public;

5 (E) the term ‘‘education research’’ includes

6 basic and applied research, inquiry with the

7 purpose of applying tested knowledge gained to

8 specific educational settings and problems, devel9 opment, planning, surveys, assessments, evalua10 tions, investigations, experiments, and dem11 onstrations in the field of education and other

12 fields relating to education;

13 (F) the term ‘‘field-initiated research’’

14 means education research in which topics and

15 methods of study are generated by investigators,

16 including teachers and other practitioners, not

17 by the source of funding;

18 (G) the term ‘‘Indian reservation’’ means a

19 reservation, as such term is defined in—

20 (i) section 3(d) of the Indian Financ21 ing Act of 1974 (25 U.S.C. 1452(d)); or

22 (ii) section 4(10) of the Indian Child

23 Welfare Act of 1978 (25 U.S.C. 1903(10));

24 (H) the term ‘‘Office’’, unless otherwise

25 specified, means the Office of Educational Re-
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1 search and Improvement established by section

2 209 of the Department of Education Organiza3 tion Act; and

4 (I) the term ‘‘technical assistance’’ means

5 assistance in identifying, selecting, or designing

6 solutions based on research to address edu7 cational problems, planning and design that

8 leads to adapting research knowledge to school

9 practice, training to implement such solutions,

10 and other assistance necessary to encourage

11 adoption or application of research.

12 (b) AUTHORIZED ACTIVITIES.—

13 (1) OFFICE.—In fulfilling its purposes under

14 this section, the Office is authorized to—

15 (A) conduct and support education-related

16 research activities, including basic and applied

17 research, development, planning, surveys, assess18 ments, evaluations, investigations, experiments,

19 and demonstrations of national significance;

20 (B) disseminate the findings of education

21 research, and provide technical assistance to

22 apply such information to specific school prob23 lems at the school site;
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1 (C) collect, analyze, and disseminate data

2 related to education, and to library and infor3 mation services;

4 (D) promote the use of knowledge gained

5 from research and statistical findings in schools,

6 other educational institutions, and communities;

7 (E) provide training in education research;

8 and

9 (F) promote the coordination of education

10 research and research support within the Federal

11 Government, and otherwise assist and foster such

12 research.

13 (2) OPEN COMPETITION.—All grants, contracts,

14 and cooperative agreements awarded or entered into

15 pursuant to this section shall be awarded or entered

16 into through a process of open competition and peer

17 review that shall be announced in the Federal Reg18 ister or other publication that the Secretary deter19 mines appropriate.

20 (3) ASSISTANT SECRETARY.—

21 (A) IN GENERAL.—In carrying out the ac22 tivities and programs of the Office, the Assistant

23 Secretary shall—

24 (i) ensure that there is broad and regu25 lar public and professional involvement
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1 from the educational field in the planning

2 and carrying out of the Office’s activities,

3 including establishing teacher advisory

4 boards for any program office, program or

5 project of the Office as the Assistant Sec6 retary deems necessary, and involving In7 dian and Alaska Native researchers and

8 educators in activities that relate to the

9 education of Indian and Alaska Native peo10 ple;

11 (ii) ensure that the selection of research

12 topics and the administration of the pro13 gram are free from partisan political influ14 ence;

15 (iii) develop directly, or through grant

16 or contract, standards and guidelines for re17 search, programs and activities carried out

18 through the Office;

19 (iv) establish a long- and short-term

20 research agenda in consultation with the

21 Advisory Board; and

22 (v) review research priorities estab23 lished within each directorate and promote

24 research syntheses across the directorates.
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1 (B) INFORMATION AND TECHNICAL ASSIST2 ANCE.—The Assistant Secretary is authorized to

3 offer information and technical assistance to

4 State and local educational agencies, school

5 boards, and schools, including schools funded by

6 the Bureau of Indian Affairs, to ensure that no

7 student is—

8 (i) denied access to the same rigorous,

9 challenging curriculum that such student’s

10 peers are offered; or

11 (ii) grouped or otherwise labeled in

12 such a way that may impede such student’s

13 achievement.

14 (C) LONG-TERM AGENDA.—One year after

15 the date of enactment of this Act, the Assistant

16 Secretary shall submit a report to the President

17 and to the Congress on a 6-year long-term plan

18 for the educational research agenda for the Of19 fice. Upon submission of such report and every

20 2 years thereafter, the Assistant Secretary shall

21 submit to the President and to the Congress a

22 progress report on the 6-year plan, including an

23 assessment of the success or failure of meeting the

24 components of the 6-year plan, proposed modi-
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1 fications or changes to the 6-year plan, and ad2 ditions to the 6-year plan.

3 (4) SECRETARY.—The Secretary shall enter into

4 contracts for the conduct of independent evaluations

5 of the programs and activities carried out through the

6 Office in accordance with this section, and transmit

7 such evaluations to the Congress, the President and

8 the Assistant Secretary, in order to—

9 (A) evaluate—

10 (i) the effectiveness of the programs

11 and activities of the Office; and

12 (ii) the implementation of projects and

13 programs funded through the Office over

14 time;

15 (iii) the impact of educational research

16 on instruction at the school level; and

17 (iv) the ability of the Office to keep re18 search funding free from partisan political

19 interference;

20 (B) measure the success of educational in21 formation dissemination;

22 (C) assess the usefulness of research and ac23 tivities carried out by the Office, including prod24 ucts disseminated by the Office; and
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1 (D) provide recommendations for improve2 ment of the programs of the Office.

3 (5) INTRADEPARTMENTAL COORDINATION.—(A)

4 The Secretary shall establish and maintain a pro5 gram designed to facilitate planning and cooperative

6 research and development throughout the Department

7 of Education.

8 (B) The program described in subparagraph (A)

9 shall include—

10 (i) establishing and maintaining a database

11 on all Department of Education funded research

12 and improvement efforts;

13 (ii) coordinating the work of the various

14 program offices within the Department of Edu15 cation to avoid duplication;

16 (iii) working cooperatively with the employ17 ees of various program offices with the Depart18 ment of Education on projects of common inter19 est to avoid duplication; and

20 (iv) generally increasing communication

21 throughout the Department of Education regard22 ing education research.

23 (c) DIRECTORATES OF EDUCATIONAL RESEARCH.—

24 (1) REQUIREMENTS.—
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1 (A) IN GENERAL.—In carrying out the

2 functions of the Office, the Assistant Secretary

3 shall establish 5 directorates of educational re4 search in accordance with this section.

5 (B) DIRECTOR.—The Assistant Secretary

6 shall appoint a Director for each directorate.

7 Each such Director shall be a leading profes8 sional in the field relevant to the mission of the

9 directorate.

10 (C) RESEARCH SYNTHESES.—The Assistant

11 Secretary shall provide for and promote research

12 syntheses across the directorates in early child13 hood, elementary, secondary, vocational, and

14 higher education, and shall coordinate research

15 plans, projects, and findings across the direc16 torates, placing a priority on synthesis and co17 ordination between the directorates described in

18 subsections (d) and (e). Each Director shall re19 port directly to the Assistant Secretary, regard20 ing the activities of the directorate, and shall

21 work together to promote research syntheses

22 across the directorates.

23 (2) DUTIES.—Each such directorate shall—

24 (A) carry out its activities directly or

25 through grants, contracts, and cooperative agree-
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1 ments with institutions of higher education, pub2 lic and private organizations, institutions, agen3 cies or individuals, or a consortia thereof;

4 (B) conduct and support the highest quality

5 basic and applied research in early childhood, el6 ementary and secondary, vocational and higher

7 education, including teacher education, which is

8 relevant to the directorate;

9 (C) have improved student learning and

10 achievement as its primary focus;

11 (D) promote research that is based in core

12 content areas;

13 (E) conduct sustained research and develop14 ment on improving the educational achievement

15 of poor and minority individuals as an integral

16 part of the directorates’ work;

17 (F) serve as a national database on model

18 and demonstration programs which have par19 ticular application to the activities of the direc20 torate, particularly with respect to model pro21 grams conducted by businesses, private, and non22 profit organizations and foundations;

23 (G) support, plan, implement, and operate

24 dissemination activities designed to bring the

25 most effective research directly into classroom
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1 practice, school organization and management,

2 teacher preparation and training, and libraries,

3 and to the extent possible, carry out dissemina4 tion activities through the use of technology;

5 (H) support and provide research informa6 tion that leads to policy formation for State leg7 islatures, State and local boards of education,

8 schools funded by the Bureau of Indian Affairs,

9 and other policy and governing bodies, to assist

10 such entities in identifying and developing effec11 tive policies to promote student achievement and

12 school improvement;

13 (I) coordinate the directorate’s activities

14 with the activities of the regional educational

15 laboratories established pursuant to subsection

16 (k) and with other educational service organiza17 tions in designing the directorate’s research

18 agenda and projects in order to increase the re19 sponsiveness of such directorate to the needs of

20 teachers and the educational field and to bring

21 research findings directly into schools to ensure

22 the greatest access at the local level to the latest

23 research developments; and

24 (J) provide assistance to the Assistant Sec25 retary in planning and coordinating syntheses
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1 that provide research knowledge related to each

2 level of the education system (from preschool to

3 higher education) to increase understanding of

4 student performance across different educational

5 levels.

6 (3) RESERVATIONS.—

7 (A) FIELD-INITIATED RESEARCH.—Each di8 rectorate shall reserve in each fiscal year not less

9 than one-third of the amount available to such

10 directorate to conduct field-initiated research.

11 (B) NATIONAL RESEARCH CENTERS.—Each

12 directorate shall reserve in each fiscal year not

13 less than one-third of the amount available to

14 such directorate to award grants or enter into

15 contracts with institutions of higher education,

16 public agencies, or private nonprofit organiza17 tions, for the support of long-term national re18 search centers of sufficient size, scope, and qual19 ity for educational research and development in

20 accordance with paragraph (4), except that no

21 such center shall receive such a grant or contract

22 for less than $1,100,000 for such fiscal year.

23 Each such center shall engage in research, devel24 opment and dissemination involving topics rel-
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1 evant to the mission of the directorate supporting

2 such center.

3 (C) SPECIAL RULE.—No research and devel4 opment center supported by the Office and oper5 ating on the day preceding the date of enactment

6 of this Act shall by reason of receipt of such sup7 port be ineligible to receive any other assistance

8 from the Office authorized by law.

9 (4) NATIONAL RESEARCH CENTERS.—

10 (A) DURATION.—The grants or contracts

11 awarded or entered into to support national re12 search centers described in paragraph (3)(B)

13 shall be awarded or entered into for a period of

14 at least 5 years, and may be renewed for addi15 tional periods of 5 years after periodic review by

16 the Assistant Secretary.

17 (B) REVIEW.—All applications to establish

18 a national research center shall be reviewed by

19 independent experts in accordance with stand20 ards and guidelines developed by the Office pur21 suant to subsections (a)(2)(B)(iv)(X) and

22 (b)(3)(A)(iii). Such standards and guidelines

23 shall include—
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1 (i) whether applicants have assembled

2 a group of high quality researchers suffi3 cient to achieve the mission of the center;

4 (ii) whether the proposed organiza5 tional structure and arrangements will fa6 cilitate achievement of the mission of the

7 center;

8 (iii) whether there is a substantial staff

9 commitment to the work of the center;

10 (iv) whether the directors and support

11 staff are full-time employees, to the extent

12 practicable;

13 (v) review of the contributions of the

14 applicant’s primary researchers for the pur15 pose of evaluating the appropriateness of

16 such primary researchers’ experiences and

17 expertise in the context of the proposed cen18 ter activities, and the adequacy of such pri19 mary researchers’ time commitments to

20 achievement of the mission of the center;

21 and

22 (vi) the manner in which the results of

23 education research will be disseminated for

24 further use.
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1 (5) PUBLICATION.—The Assistant Secretary shall

2 publish proposed research priorities developed by each

3 directorate in the Federal Register every 2 years, not

4 later than October 1 of each year, and shall allow a

5 period of 60 days for public comments and sugges6 tions.

7 (d) NATIONAL DIRECTORATE ON CURRICULUM, IN8 STRUCTION, AND ASSESSMENT.—The Assistant Secretary

9 shall establish and operate the National Directorate on Cur10 riculum, Instruction, and Assessment. The directorate es11 tablished under this subsection is authorized to conduct re12 search on—

13 (1) methods to improve student achievement at

14 all educational levels in core content areas;

15 (2) methods to improve the process of reading,

16 the craft of writing, the growth of reasoning skills,

17 and the development of information-finding skills;

18 (3) enabling students to develop higher order

19 thinking skills;

20 (4) methods to teach effectively all students in

21 mixed-ability classrooms;

22 (5) developing, identifying, or evaluating new

23 educational assessments, including performance-based

24 and portfolio assessments which demonstrate skill and

25 a command of knowledge;
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1 (6) standards for what students should know and

2 be able to do, particularly standards of desired per3 formance set at internationally competitive levels;

4 (7) the use of testing in the classroom and its

5 impact on improving student achievement, including

6 an analysis of how testing affects what is taught;

7 (8) test bias as such bias affects historically un8 derserved girls, women, and minority populations;

9 (9) test security, accountability, validity, reli10 ability and objectivity;

11 (10) relevant teacher training and instruction in

12 giving a test, scoring a test and in the use of test re13 sults to improve student achievement;

14 (11) curriculum development designed to meet

15 challenging standards, including State efforts to de16 velop such curriculum;

17 (12) the need for, and methods of delivering,

18 teacher education, development, and inservice train19 ing;

20 (13) curriculum, instruction, and assessment in

21 vocational education and school-to-work transition;

22 (14) educational methods and activities to reduce

23 and prevent violence in schools;

24 (15) the use of technology in learning, teaching,

25 and testing;
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1 (16) methods of involving parents in their chil2 dren’s education and ways to involve business, indus3 try, and other community partners in promoting ex4 cellence in schools; and

5 (17) other topics relevant to the mission of the

6 directorate.

7 (e) NATIONAL DIRECTORATE ON THE EDUCATIONAL

8 ACHIEVEMENT OF HISTORICALLY UNDERSERVED POPU9 LATIONS.—The Assistant Secretary shall establish and op10 erate a National Directorate on the Educational Achieve11 ment of Historically Underserved Populations, the activi12 ties of which shall be closely coordinated with those of the

13 directorate described in subsection (d). The directorate es14 tablished under this subsection is authorized to conduct re15 search on—

16 (1) the quality of educational opportunities

17 afforded historically underserved populations, includ18 ing minority students, students with disabilities, eco19 nomically disadvantaged students, girls, women, lim20 ited-English proficient students, and Indian and

21 Alaska Native students, particularly the quality of

22 educational opportunities afforded such populations

23 in highly concentrated urban areas and sparsely pop24 ulated rural areas;
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1 (2) effective institutional practices for expanding

2 opportunities for such groups;

3 (3) methods for overcoming the barriers to learn4 ing that may impede student achievement;

5 (4) innovative teacher training and professional

6 development methods to help the historically under7 served meet challenging standards;

8 (5) the use of technology to improve the edu9 cational opportunities and achievement of the histori10 cally underserved;

11 (6) the means by which parents, community re12 sources and institutions (including cultural institu13 tions) can be utilized to support and improve the

14 achievement of at-risk students;

15 (7) methods to improve the quality of the edu16 cation of American Indian and Alaska Native stu17 dents not only in schools funded by the Bureau of In18 dian Affairs, but also in public elementary and sec19 ondary schools located on or near Indian reservations,

20 including—

21 (A) research on mechanisms to facilitate the

22 establishment of tribal departments of education

23 that assume responsibility for all education pro24 grams of State educational agencies operating on

25 an Indian reservation and all education pro-
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1 grams funded by the Bureau of Indian Affairs

2 on an Indian reservation;

3 (B) research on the development of cul4 turally appropriate curriculum for American In5 dian and Alaska Native students, including

6 American Indian and Alaska Native culture,

7 language, geography, history and social studies,

8 and graduation requirements related to such cur9 riculum;

10 (C) research on methods for recruiting,

11 training and retraining qualified teachers from

12 American Indian and Alaska Native commu13 nities, including research to promote flexibility

14 in the criteria for certification of such teachers;

15 (D) research on techniques for improving

16 the educational achievement of American Indian

17 and Alaska Native students, including meth18 odologies to reduce dropout rates and increase

19 graduation by such students; and

20 (E) research concerning the performance by

21 American Indian and Alaska Native students of

22 limited-English proficiency on standardized

23 achievement tests, and related factors; and

24 (8) other topics relevant to the mission of the di25 rectorate.
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1 (f) NATIONAL DIRECTORATE ON EARLY CHILDHOOD

2 DEVELOPMENT AND EDUCATION.—The Assistant Secretary

3 shall establish and operate the National Directorate on

4 Early Childhood Development and Education, which shall

5 have a special emphasis on families and communities as

6 families and communities relate to early childhood edu7 cation. The directorate established under this subsection is

8 authorized to conduct research on—

9 (1) effective teaching and learning methods, and

10 curriculum;

11 (2) instruction that considers the cultural experi12 ences of children;

13 (3) access to current materials in libraries;

14 (4) family literacy and parental involvement in

15 student learning;

16 (5) the impact that outside influences have on

17 learning, including television, and drug and alcohol

18 abuse;

19 (6) methods for integrating learning in settings

20 other than the classroom, particularly within families

21 and communities;

22 (7) teacher training;

23 (8) readiness to learn, including topics such as

24 prenatal care, nutrition, and health services;
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1 (9) the use of technology, including methods to

2 help parents instruct their children; and

3 (10) other topics relevant to the mission of the

4 directorate.

5 (g) NATIONAL DIRECTORATE ON ELEMENTARY AND

6 SECONDARY EDUCATIONAL GOVERNANCE, FINANCE, POL7 ICYMAKING, AND MANAGEMENT.—The Assistant Secretary

8 shall establish and operate a National Directorate on Ele9 mentary and Secondary Educational Governance, Finance,

10 Policymaking, and Management. The directorate estab11 lished under this subsection is authorized to conduct re12 search on—

13 (1) the relationship among finance, organization,

14 and management, and educational productivity, par15 ticularly with respect to student achievement across

16 educational levels and core content areas;

17 (2) school-based management, shared decision18 making and other innovative school structures, and

19 State and local reforms and educational policies,

20 which show promise for improving student achieve21 ment;

22 (3) innovative school design, including lengthen23 ing the school day and the school year, reducing class

24 size and building professional development into the

25 weekly school schedule and, as appropriate, conduct-
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1 ing such further research as may be recommended or

2 suggested by the report issued by the National Edu3 cation Commission on Time and Learning pursuant

4 to section 443 of the General Education Provisions

5 Act;

6 (4) the social organization of schooling and the

7 inner-workings of schooling;

8 (5) policy decisions at all levels and the impact

9 of such decisions on school achievement and other stu10 dent outcomes;

11 (6) effective approaches to organizing learning;

12 (7) effective ways of grouping students for learn13 ing so that a student is not labeled or stigmatized in

14 ways that may impede such student’s achievement;

15 (8) the amount of dollars allocated for education

16 that are actually spent on classroom instruction;

17 (9) the organization, structure, and finance of

18 vocational education;

19 (10) disparity in school financing among States,

20 school districts, and schools funded by the Bureau of

21 Indian Affairs;

22 (11) the use of technology in areas such as assist23 ing in school-based management or ameliorating the

24 effects of disparity in school financing among States,
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1 school districts, and schools funded by the Bureau of

2 Indian Affairs;

3 (12) approaches to systemic reforms involving

4 the coordination of multiple policies at the local,

5 State, and Federal levels of government to promote

6 higher levels of student achievement;

7 (13) the special adult education needs of histori8 cally underserved and minority populations;

9 (14) the involvement of parents and families in

10 the management and governance of schools and the

11 education of their children; and

12 (15) other topics relevant to the mission of the

13 directorate.

14 (h) NATIONAL DIRECTORATE ON ADULT EDUCATION,

15 LITERACY AND LIFELONG LEARNING.—The Assistant Sec16 retary shall establish and operate a National Directorate

17 on Adult Education, Literacy and Lifelong Learning. The

18 directorate established under this subsection is authorized

19 to conduct research on—

20 (1) learning and performance of adults, and

21 policies and methods for improving learning in con22 texts that include school-to-work, worker retraining,

23 and second-language acquisition;

24 (2) the most effective training methods for adults

25 to upgrade education and vocational skills;
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1 (3) opportunities for adults to continue their

2 education beyond higher education and graduate

3 school, in the context of lifelong learning and infor4 mation-finding skills;

5 (4) adult literacy and effective methods, includ6 ing technology, to eliminate illiteracy;

7 (5) preparing students for a lifetime of work, the

8 ability to adapt through retraining to the changing

9 needs of the work force and the ability to learn new

10 tasks;

11 (6) the use of technology to develop and deliver

12 effective training methods for adults to upgrade their

13 education and their vocational skills; and

14 (7) other topics relevant to the mission of the di15 rectorate.

16 (i) PERSONNEL.—

17 (1) IN GENERAL.—The Assistant Secretary may

18 appoint, for terms not to exceed 3 years (without re19 gard to the provisions of title 5, United States Code

20 governing appointment in the competitive service)

21 and may compensate (without regard to the provi22 sions of chapter 51 and subchapter III of chapter 53

23 of such title relating to classification and General

24 Schedule pay rates) such scientific or professional em25 ployees of the Office as the Assistant Secretary consid-
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1 ers necessary to accomplish the functions of the Office.

2 Such employees shall not exceed one-fifth of the num3 ber of full-time, regular scientific or professional em4 ployees of the Office. The rate of basic pay for such

5 employees may not exceed the maximum annual rate

6 of pay for grade GS–15 under section 5332 of title 5,

7 United States Code.

8 (2) REAPPOINTMENT.—The Assistant Secretary

9 may reappoint employees described in paragraph (1)

10 upon presentation of a clear and convincing justifica11 tion of need, for 1 additional term not to exceed 3

12 years. All such employees shall work on activities of

13 the Office and shall not be reassigned to other duties

14 outside the Office during their term.

15 (j) SELECTION PROCEDURES AND FELLOWSHIPS.—

16 (1) SELECTION PROCEDURES.—When making

17 competitive awards under this section, the Assistant

18 Secretary shall—

19 (A) solicit recommendations and advice re20 garding research priorities, opportunities, and

21 strategies from qualified experts, such as edu22 cation professionals and policymakers, librar23 ians, personnel of the regional educational lab24 oratories described in subsection (k) and of the

25 research and development centers assisted under
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1 this section, and the Advisory Board, as well as

2 parents and other members of the general public;

3 (B) employ suitable selection procedures

4 using the procedures and principles of peer re5 view providing an appropriate balance between

6 expertise in research and practice for all propos7 als so that technical research merit is judged by

8 research experts and programmatic relevance is

9 judged by program experts, except where such

10 peer review procedures are clearly inappropriate

11 given such factors as the relatively small amount

12 of a grant or contract or the exigencies of the sit13 uation; and

14 (C) determine that the activities assisted

15 will be conducted efficiently, will be of high qual16 ity, and will meet priority research and develop17 ment needs under this section.

18 (2) FELLOWSHIPS.—

19 (A) PUBLICATION.—The Assistant Secretary

20 shall publish proposed research priorities for the

21 awarding of research fellowships under this

22 paragraph in the Federal Register every 2 years,

23 not later than October 1 of each year, and shall

24 allow a period of 60 days for public comments

25 and suggestions.
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1 (B) COMPETITION.—Prior to awarding a

2 fellowship under this paragraph, the Assistant

3 Secretary shall invite applicants to compete for

4 such fellowships through notice published in the

5 Federal Register.

6 (C) AUTHORITY.—From amounts appro7 priated pursuant to the authority of subsection

8 (q)(1), the Assistant Secretary may establish and

9 maintain research fellowships in the Office, for

10 scholars, researchers, policymakers, education

11 practitioners, librarians, and statisticians en12 gaged in the use, collection, and dissemination of

13 information about education and educational re14 search. Subject to regulations published by the

15 Assistant Secretary, fellowships may include

16 such stipends and allowances, including travel

17 and subsistence expenses provided under title 5,

18 United States Code, as the Assistant Secretary

19 considers appropriate.

20 (k) REGIONAL EDUCATIONAL LABORATORIES FOR RE21 SEARCH, DISSEMINATION, AND TECHNICAL ASSISTANCE.—

22 (1) AUTHORITY.—

23 (A) IN GENERAL.—Subject to subparagraph

24 (B), the Assistant Secretary shall support at

25 least 10 but not more than 20 regional edu-
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1 cational laboratories established by public agen2 cies or private nonprofit organizations.

3 (B) SPECIAL RULE.—In any fiscal year in

4 which the amount appropriated pursuant to the

5 authority of subsection (q)(2) exceeds

6 $38,000,000, the Assistant Secretary may use the

7 amount in excess of $38,000,000 to support a re8 gional educational laboratory serving a region

9 not in existence on the day preceding the date of

10 enactment of this Act, if such amount is equal to

11 or exceeds $2,000,000.

12 (C) PRIORITY.—The Assistant Secretary

13 shall give priority to supporting a regional edu14 cational laboratory that involves the combination

15 or subdivision of a region or regions, such that

16 States within a region in existence on the day

17 preceding the date of enactment of this Act may

18 be combined with States in another such region

19 to form a new region so long as such combina20 tion does not result in any region in existence on

21 such date permanently becoming part of a larger

22 region, nor of any such region permanently

23 subsuming another region.

24 (2) DEFINITION.—For purposes of this sub25 section, the term ‘‘regional educational laboratory’’
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1 means a public agency or institution or a private

2 nonprofit organization that—

3 (A) serves the education improvement needs

4 in a geographic region of the United States; and

5 (B) advances the National Education Goals.

6 (3) DUTIES.—Each regional educational labora7 tory shall—

8 (A) have as its central mission and pri9 mary function—

10 (i) to develop and disseminate edu11 cational research products and processes to

12 schools, teachers, local educational agencies,

13 State educational agencies, librarians, and

14 schools funded by the Bureau of Indian Af15 fairs; and

16 (ii) through such development and dis17 semination and the provision of technical

18 assistance, to help all students learn to chal19 lenging standards;

20 (B) provide technical assistance to State

21 and local educational agencies, school boards,

22 schools funded by the Bureau of Indian Affairs,

23 State boards of education, schools, and librarians

24 in accordance with the prioritization described
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1 in paragraph (4)(B)(vi) and needs related to

2 standard-driven education reform;

3 (C) facilitate school restructuring at the in4 dividual school level, including technical assist5 ance for adapting model demonstration grant

6 programs to each school;

7 (D) serve the educational development needs

8 of the region by providing education research in

9 usable forms in order to promote school improve10 ment and academic achievement and to correct

11 educational deficiencies;

12 (E) develop a plan for identifying and serv13 ing the needs of the region by conducting a con14 tinuing survey of the educational needs,

15 strengths, and weaknesses within the region, in16 cluding a process of open hearings to solicit the

17 views of schools, teachers, administrators, par18 ents, local educational agencies, librarians, and

19 State educational agencies within the region;

20 (F) use applied educational research to as21 sist in solving site-specific problems and to assist

22 in development activities;

23 (G) conduct applied research projects de24 signed to serve the particular needs of the region

25 only in the event that such quality applied re-
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1 search does not exist as determined by the re2 gional education laboratory or the Department of

3 Education;

4 (H) facilitate communication between edu5 cational experts, school officials, and teachers,

6 parents, and librarians, to enable such individ7 uals to assist schools to develop a plan to meet

8 the National Education Goals;

9 (I) bring teams of experts together to de10 velop and implement school improvement plans

11 and strategies;

12 (J) provide training in—

13 (i) the field of education research and

14 related areas;

15 (ii) the use of new educational meth16 ods; and

17 (iii) the use of information-finding

18 methods, practices, techniques, and products

19 developed in connection with such training

20 for which the regional educational labora21 tory may support internships and fellow22 ships and provide stipends;

23 (K) coordinate such laboratory’s activities

24 with the directorates assisted under this section
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1 in designing such laboratory’s services and

2 projects, in order to—

3 (i) maximize the use of research con4 ducted through the directorates in the work

5 of such laboratory;

6 (ii) keep the directorates apprised of

7 the work of the regional educational labora8 tories in the field; and

9 (iii) inform the directorates about ad10 ditional research needs identified in the

11 field;

12 (L) develop with the State educational

13 agencies and library agencies in the region and

14 the Bureau of Indian Affairs a plan for serving

15 the region;

16 (M) collaborate and coordinate services with

17 other technical assistance funded by the Depart18 ment of Education; and

19 (N) cooperate with other regional labora20 tories to develop and maintain a national net21 work that addresses national education problems.

22 (4) GOVERNING BOARD.—

23 (A) IN GENERAL.—In carrying out the ac24 tivities described in paragraph (3), each regional

25 educational laboratory shall operate under the
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1 direction of a governing board, the members of

2 which—

3 (i) are representative of that region;

4 and

5 (ii) include teachers and education re6 searchers.

7 (B) DUTIES.—Each such governing board

8 shall—

9 (i) determine, subject to the require10 ments of this section and in consultation

11 with the Assistant Secretary, the mission of

12 the regional educational laboratory;

13 (ii) ensure that the regional edu14 cational laboratory attains and maintains

15 a high level of quality in its work and prod16 ucts;

17 (iii) establish standards to ensure that

18 the regional educational laboratory has

19 strong and effective governance, organiza20 tion, management, and administration, and

21 employs qualified staff;

22 (iv) direct the regional educational lab23 oratory to carry out the regional edu24 cational laboratory’s duties in a manner as

25 will make progress toward achieving the
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1 National Education Goals and reforming

2 schools and educational systems;

3 (v) conduct a continuing survey of the

4 educational needs, strengths, and weaknesses

5 within the region, including a process of

6 open hearings to solicit the views of schools

7 and teachers; and

8 (vi) prioritize the needs of economi9 cally disadvantaged urban and rural areas

10 within the region and ensure that such

11 needs are served by the regional educational

12 laboratory.

13 (5) APPLICATION.—Each entity desiring support

14 for a regional educational laboratory shall submit to

15 the Assistant Secretary an application that contains

16 such information as the Assistant Secretary may rea17 sonably require, including assurances that a regional

18 educational laboratory will address the activities de19 scribed in paragraph (3).

20 (6) ADDITIONAL PROJECTS.—In addition to ac21 tivities described in paragraph (3), the Assistant Sec22 retary, from amounts appropriated pursuant to sub23 section (q)(4), is authorized to enter into agreements

24 with a regional educational laboratory for the pur25 pose of carrying out additional projects to enable such
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1 regional educational laboratory to assist in efforts to

2 achieve the National Education Goals and for other

3 purposes.

4 (7) SPECIAL RULE.—No regional educational

5 laboratory shall, by reason of receipt of assistance

6 under this section, be ineligible to receive any other

7 assistance from the Office authorized by law or be

8 prohibited from engaging in activities involving

9 international projects or endeavors.

10 (8) PLAN.—Not later than July 1 of each year,

11 each regional educational laboratory shall submit to

12 the Assistant Secretary a plan covering the succeeding

13 fiscal year, in which such laboratory’s mission, ac14 tivities and scope of work are described, including a

15 general description of—

16 (A) the plans such laboratory expects to

17 submit in the 4 succeeding years; and

18 (B) an assessment of how well such labora19 tory is meeting the needs of the region.

20 (9) CONTRACT DURATION.—The Assistant Sec21 retary shall enter into a contract for the purpose of

22 supporting a regional educational laboratory under

23 this subsection for a minimum of 5 years. The Sec24 retary shall ensure that the recompetition cycles for

25 new contracts for regional educational laboratories
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1 are carried out in such a manner that the expiration

2 of the laboratory contracts is consistent with the reau3 thorization cycle.

4 (10) REVIEW.—The Assistant Secretary shall re5 view the work of each regional educational laboratory

6 in the third year that such laboratory receives assist7 ance under this subsection, and shall evaluate the per8 formance of such laboratory’s activities to determine

9 if such activities are consistent with the duties de10 scribed in paragraph (3).

11 (11)± CONSTRUCTION.—Nothing in this sub12 section shall be construed to require any modifica13 tions in the regional educational laboratory contracts

14 in effect on the day preceding the date of enactment

15 of this Act.

16 (12) ADVANCE PAYMENT SYSTEM.—Each re17 gional educational laboratory shall participate in the

18 advance payment system of the Department of Edu19 cation.

20 (13) COORDINATION.—The regional education

21 laboratories shall work collaboratively, and coordinate

22 the services such laboratories provide, with the tech23 nical assistance centers authorized under the Elemen24 tary and Secondary Education Act of 1965.
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1 (l) TEACHER RESEARCH DISSEMINATION DEM2 ONSTRATION PROGRAM.—

3 (1) FINDINGS.—The Congress finds that—

4 (A) education research, including research

5 funded by the Office, is not having the impact on

6 the Nation’s schools that such research should;

7 (B) relevant education research and result8 ing solutions are not being adequately dissemi9 nated to and used by the teachers that need such

10 research and solutions;

11 (C) there are insufficient linkages between

12 the research and development centers assisted

13 under this section, the regional educational lab14 oratories described in subsection (k), the Na15 tional Diffusion Network State facilitators, the

16 Education Resources Information Clearing17 houses, the comprehensive technical assistance

18 centers assisted under the Elementary and Sec19 ondary Education Act of 1965, and the public

20 schools to ensure that research on effective prac21 tice is disseminated and technical assistance pro22 vided to all teachers;

23 (D) the average teacher has little time to

24 plan or engage in a professional dialogue with

25 peers about strategies for improved learning;
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1 (E) teachers do not have direct access to in2 formation systems or networks;

3 (F) teachers have little control over what in4 service education teachers will be offered; and

5 (G) individual teachers are not encouraged

6 to move beyond the walls of their school buildings

7 to identify and use outside resources.

8 (2) ESTABLISHMENT.—

9 (A) IN GENERAL.—The Secretary is author10 ized to make grants to, and enter into contracts

11 or cooperative agreements with, public and pri12 vate agencies and organizations, including insti13 tutions of higher education, the regional edu14 cation laboratories, and the research and devel15 opment centers, or consortia thereof—

16 (i) to develop and carry out projects

17 that demonstrate effective strategies for

18 helping elementary and secondary education

19 teachers, in both urban and rural areas, be20 come knowledgeable about, assist in the de21 sign and use of, and use, education re22 search, including education research carried

23 out under this section; and
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1 (ii) to develop, implement, and evalu2 ate models for creation of teacher research

3 dissemination networks.

4 (B) PRIORITY.—In awarding grants and

5 entering into contracts and cooperative agree6 ments under subparagraph (A) the Secretary

7 shall give priority to entities that have received

8 Federal funds for research and dissemination.

9 (3) APPLICATIONS.—

10 (A) IN GENERAL.—An entity desiring to re11 ceive assistance under this subsection shall sub12 mit an application to the Secretary in such

13 form, at such time, and containing such infor14 mation and assurances as the Secretary may re15 quire.

16 (B) CONTENTS.—Each such application

17 shall describe how the project described in the

18 application—

19 (i) was developed with the active par20 ticipation of elementary and secondary

21 school teachers;

22 (ii) will include the continuing par23 ticipation of elementary and secondary

24 school teachers in the management of the

25 project;
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1 (iii) is organized around one or more

2 significant research topics;

3 (iv) will involve collaboration with en4 tities that have received Federal funds for

5 research and dissemination; and

6 (v) will sustain over time teacher re7 search dissemination networks after Federal

8 funding for such networks terminates.

9 (4) USE OF FUNDS.—Funds provided under this

10 subsection may be used—

11 (A) to train elementary and secondary edu12 cation teachers (particularly new teachers) about

13 the sources of education research findings, in14 cluding research findings available through ac15 tivities supported by the Office, and how to ac16 cess and use such findings to improve the quality

17 of instruction;

18 (B) to develop simple formats, both admin19 istrative and technological, that allow elemen20 tary and secondary education teachers easy ac21 cess to and use of education research findings;

22 (C) to share strategies and materials;

23 (D) to support professional networks;

24 (E) to survey teacher needs in the areas of

25 research and development; and
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1 (F) for other activities designed to support

2 elementary and secondary education teachers in

3 becoming knowledgeable about, assisting in the

4 design of, and using, educational research.

5 (5) STIPENDS.—The Secretary may provide for

6 the payment of such stipends (including allowances

7 for subsistence and other expenses for elementary and

8 secondary teachers), as the Secretary determines to be

9 appropriate, to teachers participating in the projects

10 authorized under this subsection.

11 (6) COORDINATION.—Recipients of funds under

12 this subsection shall, to the greatest extent possible, co13 ordinate their activities with related activities under

14 the Elementary and Secondary Education Act of

15 1965.

16 (7) REPORT.—The Secretary shall, within 5

17 years of the date of enactment of this Act, submit to

18 the Congress a report on the effectiveness of activities

19 assisted under this subsection.

20 (m) OFFICE OF DISSEMINATION AND REFORM ASSIST21 ANCE.—

22 (1) IN GENERAL.—The Assistant Secretary shall

23 establish an Office of Dissemination and Reform As24 sistance, which may include the Education Resources

25 Information Clearinghouses, the regional educational
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1 laboratories, the National Clearinghouse for Science

2 and Mathematics Resources, the National Diffusion

3 Network, the National Education Library, and such

4 other programs and activities as the Assistant Sec5 retary deems appropriate. The Office of Dissemina6 tion and Reform Assistance shall be headed by a Di7 rector who shall be appointed by the Assistant Sec8 retary and have a demonstrated expertise and experi9 ence in dissemination.

10 (2) DUTIES.—In carrying out its dissemination

11 activities, the Office of Dissemination and Reform As12 sistance shall—

13 (A) operate a depository for all Department

14 of Education publications and products and

15 make available for reproduction such publica16 tions and products;

17 (B) coordinate the dissemination efforts of

18 all Office of Educational Research and Improve19 ment program offices, the regional educational

20 laboratories, the directorates assisted under this

21 section, the National Diffusion Network, and the

22 Education Resources Information Clearing23 houses;

24 (C) disseminate relevant and useful re25 search, information, products, and publications
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1 developed through or supported by the Depart2 ment of Education to schools throughout the Na3 tion;

4 (D) develop the capacity to connect schools

5 and teachers seeking information with the rel6 evant regional educational laboratories assisted

7 under subsection (k), the National Diffusion Net8 work, the directorates assisted under this section,

9 and the Education Resources Information Clear10 inghouses; and

11 (E) provide an annual report to the Sec12 retary regarding the types of information, prod13 ucts, and services that teachers, schools, and

14 school districts have requested and have deter15 mined to be most useful, and describe future

16 plans to adapt Department of Education prod17 ucts and services to address the needs of the users

18 of such information, products, and services.

19 (3) ADDITIONAL ACTIVITIES.—In addition, the

20 Office of Dissemination and Reform Assistance

21 may—

22 (A) use media and other educational tech23 nology to carry out dissemination activities, in24 cluding program development;
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1 (B) establish and maintain a database on

2 all research and improvement efforts funded

3 through the Department of Education;

4 (C) actively encourage cooperative publish5 ing of significant publications;

6 (D) disseminate information on successful

7 models and educational methods which have been

8 recommended to the Office of Dissemination and

9 Reform Assistance by educators, educational or10 ganizations, nonprofit organizations, businesses,

11 and foundations, and disseminate such models

12 by including, with any such information, an

13 identification of the entity or entities that have

14 recommended the program; and

15 (E) engage in such other dissemination ac16 tivities as the Assistant Secretary determines

17 necessary.

18 (n) NATIONAL DIFFUSION NETWORK STATE

19 FACILITATORS.—The National Diffusion Network described

20 in section 1562 of the Elementary and Secondary Edu21 cation Act of 1965 is authorized to provide information

22 through National Diffusion Network State facilitators on

23 model or demonstration projects funded by the Department

24 of Education. For purposes of carrying out this subsection,

25 information on such model projects does not have to be ap-
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1 proved through the program effectiveness panel, but may

2 be provided directly through the State facilitators. In addi3 tion, the National Diffusion Network may disseminate other

4 information available through the Office of Education Dis5 semination and Reform Assistance established under sub6 section (m) through the National Diffusion Network.

7 (o) NATIONAL EDUCATION LIBRARY.—

8 (1) ESTABLISHMENT.—There shall be established

9 a National Library of Education at the Department

10 of Education (hereafter in this subsection referred to

11 as the ‘‘Library’’) which shall—

12 (A) be a national resource center for teach13 ers, scholars, librarians, State, local, and Indian

14 tribal education officials, parents, and other in15 terested individuals; and

16 (B) provide resources to assist in the—

17 (i) advancement of research on edu18 cation;

19 (ii) dissemination and exchange of sci20 entific and other information important to

21 the improvement of education at all levels;

22 and

23 (iii) improvement of educational

24 achievement.
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1 (2) MISSION.—The mission of the Library shall

2 be to—

3 (A) become a principal center for the collec4 tion, preservation, and effective utilization of the

5 research and other information related to edu6 cation and to the improvement of educational

7 achievement;

8 (B) strive to ensure widespread access to the

9 Library’s facilities and materials, coverage of all

10 education issues and subjects, and quality con11 trol;

12 (C) have an expert library staff; and

13 (D) use modern information technology that

14 holds the potential to link major libraries,

15 schools, and educational centers across the Unit16 ed States into a network of national education

17 resources.

18 (3) FUNCTIONS.—The Library shall—

19 (A) establish a policy to acquire and pre20 serve books, periodicals, data, prints, films, re21 cordings, and other library materials related to

22 education;

23 (B) establish a policy to disseminate infor24 mation about the materials available in the Li25 brary;
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1 (C) make available through loans, photo2 graphic or other copying procedures, or other3 wise, such materials in the Library as the Sec4 retary deems appropriate; and

5 (D) provide reference and research assist6 ance.

7 (4) LIBRARIAN.—

8 (A) IN GENERAL.—The Secretary shall ap9 point a librarian to head the Library.

10 (B) EXPERIENCE.—The individual ap11 pointed pursuant to subparagraph (A) shall have

12 extensive experience as a librarian.

13 (C) SOLICITATION OF NOMINATIONS.—The

14 Secretary shall solicit nominations from individ15 uals and organizations before making the ap16 pointment described in subparagraph (A).

17 (D) SALARY.—The librarian shall be paid

18 at not less than the minimum rate of pay pay19 able for level GS–15 of the General Schedule.

20 (p) EDUCATION RESOURCES INFORMATION CLEARING21 HOUSES.—The Assistant Secretary shall establish and sup22 port Education Resources Information Clearinghouses (in23 cluding directly supporting dissemination services) having

24 such functions as the clearinghouses had on the day preced25 ing the date of enactment of this Act, except that—
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1 (1) the Assistant Secretary shall establish for the

2 clearinghouses a coherent policy for the abstraction

3 from, and inclusion in, the educational resources in4 formation clearinghouse system books, periodicals, re5 ports, and other materials related to education; and

6 (2) the clearinghouses shall collect and dissemi7 nate information on alternative management dem8 onstration projects operating in public schools

9 throughout the Nation.

10 (q) AUTHORIZATION OF APPROPRIATIONS.—

11 (1) DIRECTORATES OF EDUCATIONAL RE12 SEARCH.—

13 (A) IN GENERAL.—There are authorized to

14 be appropriated $100,000,000 for fiscal year

15 1995, and such sums as may be necessary for

16 each of the fiscal years 1996 through 1999, to

17 carry out subsections (c) through (h), relating to

18 the Directorates of Educational Research.

19 (B) APPROPRIATIONS OF $70,000,000 OR

20 LESS.—From the amount made available under

21 clause (i) in any fiscal year in which the

22 amount appropriated to carry out such clause is

23 $70,000,000 or less—

24 (i) at least 25 percent of such amount

25 shall be available to carry out subsection
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1 (d), relating to the National Directorate on

2 Curriculum, Instruction, and Assessment;

3 (ii) at least 10 percent of such amount

4 shall be available to carry out subsection

5 (e), relating to the National Directorate on

6 the Educational Achievement of Historically

7 Underserved Populations;

8 (iii) at least 10 percent of such amount

9 shall be available to carry out subsection (f),

10 relating to the National Directorate on

11 Early Childhood Development and Edu12 cation;

13 (iv) at least 5 percent of such amount

14 shall be available to carry out subsection

15 (g), relating to the National Directorate on

16 Elementary and Secondary Educational

17 Governance, Finance, Policymaking, and

18 Management;

19 (v) at least 5 percent of such amount

20 shall be available to carry out subsection

21 (h), relating to the National Directorate on

22 Adult Education, Literacy and Lifelong

23 Learning; and

24 (vi) not more than 10 percent of such

25 amount shall be available to carry out syn-
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1 thesis and coordination activities described

2 in subsection (c)(1)(C).

3 (C) APPROPRIATIONS GREATER THAN

4 $70,000,000.—From the amount made available

5 under clause (i) in any fiscal year in which the

6 amount appropriated to carry out such clause is

7 greater than $70,000,000—

8 (i) at least 30 percent of such amount

9 shall be available to carry out subsection

10 (d), relating to the National Directorate on

11 Curriculum, Instruction, and Assessment;

12 (ii) at least 10 percent of such amount

13 shall be available to carry out subsection

14 (e), relating to the National Directorate on

15 the Educational Achievement of Historically

16 Underserved Populations;

17 (iii) at least 10 percent of such amount

18 shall be available to carry out subsection (f),

19 relating to the National Directorate on

20 Early Childhood Development and Edu21 cation;

22 (iv) at least 10 percent of such amount

23 shall be available to carry out subsection

24 (g), relating to the National Directorate on

25 Elementary and Secondary Educational
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1 Governance, Finance, Policymaking, and

2 Management;

3 (v) at least 10 percent of such amount

4 shall be available to carry out subsection

5 (h), relating to the National Directorate on

6 Adult Education, Literacy and Lifelong

7 Learning; and

8 (vi) not more than 10 percent of such

9 amount shall be available to carry out syn10 thesis and coordination activities described

11 in subsection (c)(1)(C).

12 (D) SPECIAL RULE.—Not less than 95 per13 cent of funds appropriated pursuant to the au14 thority of clause (i) in any fiscal year shall be

15 expended to carry out this section through

16 grants, cooperative agreements, or contracts.

17 (2) REGIONAL EDUCATIONAL LABORATORIES.—

18 There are authorized to be appropriated $41,000,000

19 for fiscal year 1995, and such sums as may be nec20 essary for each of the fiscal years 1996 through 1999,

21 to carry out subsection (k), relating to the regional

22 educational laboratories.

23 (3) TEACHER RESEARCH DISSEMINATION DEM24 ONSTRATION PROGRAM.—
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1 (A) IN GENERAL.—There are authorized to

2 be appropriated $10,000,000 for fiscal year 1995,

3 and such sums as may be necessary for each of

4 the fiscal years 1996 through 1999, to carry out

5 the provisions of subsection (l), relating to the

6 teacher research dissemination demonstration

7 program.

8 (B) PEER REVIEW.—The Secretary may use

9 not more than 0.2 percent of the amount appro10 priated pursuant to the authority of subpara11 graph (A) for each fiscal year for peer review of

12 applications under this section.

13 (4) OFFICE OF DISSEMINATION AND REFORM AS14 SISTANCE.—There are authorized to be appropriated

15 $5,000,000 for fiscal year 1995, and such sums as

16 may be necessary for each of the fiscal years 1996

17 through 1999, to carry out subsections (m) and (k)(6),

18 relating to the Office of Education Dissemination and

19 Reform Assistance and additional projects for re20 gional educational laboratories, respectively.

21 (5) NATIONAL DIFFUSION NETWORK STATE

22 FACILITATORS.—There are authorized to be appro23 priated $10,000,000 for the fiscal year 1995, and such

24 sums as may be necessary for each of fiscal years

25 1996 through 1999, to carry out subsection (n), relat-
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1 ing to the National Diffusion Network State

2 Facilitators.

3 (6) NATIONAL EDUCATION LIBRARY.—There are

4 authorized to be appropriated $10,000,000 for fiscal

5 year 1995, and such sums as may be necessary for

6 each of the fiscal years 1996 through 1999, to carry

7 out subsection (o), relating to the National Education

8 Library.

9 (7) EDUCATION RESOURCES INFORMATION

10 CLEARINGHOUSES.—There are authorized to be ap11 propriated $10,000,000 for fiscal year 1995, and such

12 sums as may be necessary for each of the fiscal years

13 1996 through 1999, to carry out subsection (p), relat14 ing to the Education Resources Information Clearing15 houses.

16 (8) ADMINISTRATION OF FUNDS.—When more

17 than one Federal agency uses funds to support a sin18 gle project under this section, the Office may act for

19 all such agencies in administering such funds.

20 (r) EXISTING CONTRACTS AND GRANTS.—

21 (1) SPECIAL RULE.—Notwithstanding any other

22 provision of law, grants or contracts for the regional

23 educational laboratories and the centers assisted

24 under section 405 of the General Education Provi25 sions Act on the day preceding the date of enactment
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1 of this Act shall remain in effect until the termi2 nation date of such grants or contracts, except that

3 the grants or contracts for such centers which termi4 nate before the competition for the new centers de5 scribed in subsection (c)(3)(B) is completed may be

6 extended until the time that the awards for such new

7 centers are made.

8 (2) FUNDING.—The Secretary shall use amounts

9 appropriated pursuant to the authority of subsection

10 (q)(1)(A) to support the grants or contracts described

11 in paragraph (1).

12 SEC. 913. SAVINGS PROVISIONS.

13 (a) CONTINUING EFFECT OF LEGAL DOCUMENTS.—All

14 orders, determinations, rules, regulations, permits, agree15 ments, grants, contracts, certificates, licenses, registrations,

16 privileges, and other administrative actions—

17 (1) which have been issued, made, granted, or al18 lowed to become effective by the President, any Fed19 eral agency or official thereof, or by a court of com20 petent jurisdiction, in the performance of functions of

21 the Office of Educational Research and Improvement

22 (as such functions existed on the day before the date

23 of enactment of this Act); and

24 (2) which are in effect at the time this title takes

25 effect, or were final before the effective date of this
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1 title and are to become effective on or after the effec2 tive date of this title,

3 shall continue in effect according to their terms until modi4 fied, terminated, superseded, set aside, or revoked in accord5 ance with law by the President, the Secretary or other au6 thorized official, a court of competent jurisdiction, or by

7 operation of law.

8 (b) PROCEEDINGS NOT AFFECTED.—The provisions of

9 this title shall not affect any proceedings, including notices

10 of proposed rulemaking, or any application for any license,

11 permit, certificate, or financial assistance pending before

12 the Office of Educational Research and Improvement at the

13 time this title takes effect, with respect to functions of such

14 Office but such proceedings and applications shall be con15 tinued. Orders shall be issued in such proceedings, appeals

16 shall be taken therefrom, and payments shall be made pur17 suant to such orders, as if this title had not been enacted,

18 and orders issued in any such proceedings shall continue

19 in effect until modified, terminated, superseded, or revoked

20 by a duly authorized official, by a court of competent juris21 diction, or by operation of law. Nothing in this subsection

22 shall be deemed to prohibit the discontinuance or modifica23 tion of any such proceeding under the same terms and con24 ditions and to the same extent that such proceeding could
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1 have been discontinued or modified if this title had not been

2 enacted.

3 (c) SUITS NOT AFFECTED.—The provisions of this title

4 shall not affect suits commenced before the effective date of

5 this title, and in all such suits, proceedings shall be had,

6 appeals taken, and judgments rendered in the same manner

7 and with the same effect as if this title had not been enacted.

8 (d) NONABATEMENT OF ACTIONS.—No suit, action, or

9 other proceeding commenced by or against the Office of

10 Educational Research and Improvement, or by or against

11 any individual in the official capacity of such individual

12 as an officer of the Office of Educational Research and Im13 provement, shall abate by reason of the enactment of this

14 title.

15 (e) ADMINISTRATIVE ACTIONS RELATING TO PROMUL16 GATION OF REGULATIONS.—Any administrative action re17 lating to the preparation or promulgation of a regulation

18 by the Office of Educational Research and Improvement re19 lating to a function of such Office under this title may be

20 continued by the Office of Educational Research and Im21 provement with the same effect as if this title had not been

22 enacted.

23 SEC. 914. FIELD READERS.

24 Section 402 of the Department of Education Organiza25 tion Act (20 U.S.C. 3462) is amended—
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1 (1) by inserting ‘‘(a) IN GENERAL.—’’ before

2 ‘‘The Secretary’’; and

3 (2) by adding at the end the following new sub4 section:

5 ‘‘(b) SPECIAL RULE.—

6 ‘‘(1) IN GENERAL.—Notwithstanding any other

7 provision of law, the Secretary may use not more

8 than 1 percent of the funds appropriated for any edu9 cation program that awards such funds on a competi10 tive basis to pay the expenses and fees of non-Federal

11 experts necessary to review applications and propos12 als for such funds.

13 ‘‘(2) APPLICABILITY.—The provisions of para14 graph (1) shall not apply to any education program

15 under which funds are authorized to be appropriated

16 to pay the fees and expenses of non-Federal experts to

17 review applications and proposals for such funds.’’.

18 PART B—EDUCATIONAL IMPROVEMENT

19 PROGRAMS

20 Subpart 1—International Education Program

21 SEC. 921. INTERNATIONAL EDUCATION PROGRAM.

22 (a) PROGRAM ESTABLISHED.—The Secretary shall

23 carry out an International Education Program in accord24 ance with this section that shall provide for—
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1 (1) the study of international education pro2 grams and delivery systems; and

3 (2) an international education exchange pro4 gram.

5 (b) ASSESSMENT AND INFORMATION.—The Secretary

6 shall award grants for the study, evaluation and analysis

7 of education systems in other nations, particularly Great

8 Britain, France, Germany and Japan. Such studies shall

9 focus upon a comparative analysis of curriculum, methodol10 ogy and organizational structure, including the length of

11 the school year and school day. In addition, the studies shall

12 provide an analysis of successful strategies employed by

13 other nations to improve student achievement, with a spe14 cific focus upon application to schooling and the National

15 Education Goals.

16 (c) INTERNATIONAL EDUCATION EXCHANGE.—

17 (1) REQUIREMENT.—

18 (A) IN GENERAL.—The Secretary shall

19 carry out a program to be known as the Inter20 national Education Exchange Program. Under

21 such program the Secretary shall award grants

22 to or enter into contracts with organizations

23 with demonstrated effectiveness or expertise in

24 international achievement comparisons, in order

25 to—
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1 (i) make available to educators from el2 igible countries exemplary curriculum and

3 teacher training programs in civics and

4 government education and economic edu5 cation developed in the United States;

6 (ii) assist eligible countries in the ad7 aptation and implementation of such pro8 grams or joint research concerning such

9 programs;

10 (iii) create and implement educational

11 programs for United States students which

12 draw upon the experiences of emerging con13 stitutional democracies;

14 (iv) provide a means for the exchange

15 of ideas and experiences in civics and gov16 ernment education and economic education

17 among political, educational and private

18 sector leaders of participating eligible coun19 tries; and

20 (v) provide support for—

21 (I) research and evaluation to de22 termine the effects of educational pro23 grams on students’ development of the

24 knowledge, skills and traits of char25 acter essential for the preservation and
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1 improvement of constitutional democ2 racy; and

3 (II) effective participation in and

4 the preservation and improvement of

5 an efficient market economy.

6 (B) RESERVATIONS.—In carrying out the

7 program described in subparagraph (A), the Sec8 retary shall reserve in each fiscal year—

9 (i) 50 percent of the amount available

10 to carry out this subsection for civics and

11 government education activities; and

12 (ii) 50 percent of such amount for eco13 nomic education activities.

14 (2) CONTRACT AUTHORIZED.—

15 (A) IN GENERAL.—The Secretary is author16 ized to contract with independent nonprofit edu17 cational organizations to carry out the provi18 sions of this subsection.

19 (B) NUMBER.—The Secretary shall award

20 at least 1 but not more than 3 contracts de21 scribed in subparagraph (A) in each of the areas

22 described in clauses (i) and (ii) of paragraph

23 (1)(B).

24 (C) AVOIDANCE OF DUPLICATION.—The Sec25 retary shall award contracts described in sub-
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1 paragraph (A) so as to avoid duplication of ac2 tivities in such contracts.

3 (D) REQUIREMENTS.—Each organization

4 with which the Secretary enters into a contract

5 pursuant to subparagraph (A) shall—

6 (i) be experienced in—

7 (I) the development and national

8 implementation of curricular programs

9 in civics and government education

10 and economic education for students

11 from grades kindergarten through 12

12 in local, intermediate, and State edu13 cational agencies, in schools funded by

14 the Bureau of Indian Affairs, and in

15 private schools throughout the Nation

16 with the cooperation and assistance of

17 national professional educational orga18 nizations, colleges and universities,

19 and private sector organizations;

20 (II) the development and imple21 mentation of cooperative university

22 and school based inservice training

23 programs for teachers of grades kinder24 garten through grade 12 using scholars

25 from such relevant disciplines as polit-
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1 ical science, political philosophy, his2 tory, law and economics;

3 (III) the development of model

4 curricular frameworks in civics and

5 government education and economic

6 education;

7 (IV) the administration of inter8 national seminars on the goals and ob9 jectives of civics and government edu10 cation or economic education in con11 stitutional democracies (including the

12 sharing of curricular materials) for

13 educational leaders, teacher trainers,

14 scholars in related disciplines, and

15 educational policymakers; and

16 (V) the evaluation of civics and

17 government education or economic edu18 cation programs; and

19 (ii) have the authority to subcontract

20 with other organizations to carry out the

21 provisions of this subsection.

22 (3) ACTIVITIES.—The international education

23 program described in this subsection shall—

24 (A) provide eligible countries with—
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1 (i) seminars on the basic principles of

2 United States constitutional democracy and

3 economics, including seminars on the major

4 governmental and economic institutions

5 and systems in the United States, and visits

6 to such institutions;

7 (ii) visits to school systems, institu8 tions of higher learning, and nonprofit or9 ganizations conducting exemplary programs

10 in civics and government education and

11 economic education in the United States;

12 (iii) home stays in United States com13 munities;

14 (iv) translations and adaptations re15 garding United States civics and govern16 ment education and economic education

17 curricular programs for students and teach18 ers, and in the case of training programs

19 for teachers translations and adaptations

20 into forms useful in schools in eligible coun21 tries, and joint research projects in such

22 areas;

23 (v) translation of basic documents of

24 United States constitutional government for

25 use in eligible countries, such as The Fed-
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1 eralist Papers, selected writings of Presi2 dents Adams and Jefferson and the Anti3 Federalists, and more recent works on polit4 ical theory, constitutional law and econom5 ics; and

6 (vi) research and evaluation assistance

7 to determine—

8 (I) the effects of educational pro9 grams on students’ development of the

10 knowledge, skills and traits of char11 acter essential for the preservation and

12 improvement of constitutional democ13 racy; and

14 (II) effective participation in and

15 the preservation and improvement of

16 an efficient market economy;

17 (B) provide United States participants

18 with—

19 (i) seminars on the histories, economics

20 and governments of eligible countries;

21 (ii) visits to school systems, institu22 tions of higher learning, and organizations

23 conducting exemplary programs in civics

24 and government education and economic

25 education located in eligible countries;
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1 (iii) home stays in eligible countries;

2 (iv) assistance from educators and

3 scholars in eligible countries in the develop4 ment of curricular materials on the history,

5 government and economics of such countries

6 that are useful in United States classrooms;

7 (v) opportunities to provide on-site

8 demonstrations of United States curricula

9 and pedagogy for educational leaders in eli10 gible countries; and

11 (vi) research and evaluation assistance

12 to determine—

13 (I) the effects of educational pro14 grams on students’ development of the

15 knowledge, skills and traits of char16 acter essential for the preservation and

17 improvement of constitutional democ18 racy; and

19 (II) effective participation in and

20 improvement of an efficient market

21 economy; and

22 (C) assist participants from eligible coun23 tries and the United States in participating in

24 international conferences on civics and govern25 ment education and economic education for edu-
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1 cational leaders, teacher trainers, scholars in re2 lated disciplines, and educational policymakers.

3 (4) PRINTER MATERIALS AND PROGRAMS.—All

4 printed materials and programs provided to foreign

5 nations under this subsection shall bear the logo and

6 text used by the Marshall Plan after World War II,

7 that is, clasped hands with the inscription ‘‘A gift

8 from the American people to the people of (insert

9 name of country)’’.

10 (5) PARTICIPANTS.—The primary participants

11 in the international education program assisted

12 under this subsection shall be leading educators in the

13 areas of civics and government education and eco14 nomic education, including curriculum and teacher

15 training specialists, scholars in relevant disciplines,

16 and educational policymakers, from the United States

17 and eligible countries.

18 (6) PERSONNEL AND TECHNICAL EXPERTS.—The

19 Secretary is authorized to provide Department of

20 Education personnel and technical experts to assist

21 eligible countries establish and implement a database

22 or other effective methods to improve educational de23 livery systems, structure and organization.

24 (7) DEFINITIONS.—For the purpose of this sub25 section the term ‘‘eligible country’’ means a Central
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1 European country, an Eastern European country,

2 Lithuania, Latvia, Estonia, Georgia, the Common3 wealth of Independent States, and any country that

4 formerly was a republic of the Soviet Union whose

5 political independence is recognized in the United

6 States.

7 (d) AUTHORIZATION OF APPROPRIATIONS.—

8 (1) ASSESSMENT AND INFORMATION.—There are

9 authorized to be appropriated $1,000,000 for fiscal

10 year 1995, and such sums as may be necessary for

11 each of the fiscal years 1996 through 1999, to carry

12 out subsection (b).

13 (2) INTERNATIONAL EDUCATION EXCHANGE.—

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

15 for fiscal year 1995, and such sums as may be nec16 essary for each of the fiscal years 1996 through 1999,

17 to carry out subsection (c).

18 Subpart 2—Amendments to the Carl D. Perkins

19 Vocational and Applied Technology Education Act

20 SEC. 931. NATIONAL OCCUPATIONAL INFORMATION CO21 ORDINATING COMMITTEE.

22 Section 422 of the Carl D. Perkins Vocational and Ap23 plied Technology Education Act (20 U.S.C. 2422) is

24 amended—
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1 (1) in paragraph (2) of subsection (a), by insert2 ing ‘‘(including postsecondary employment and train3 ing programs)’’ after ‘‘training programs’’; and

4 (2) in subsection (b)—

5 (A) by redesignating subparagraphs (A)

6 and (B) as paragraphs (1) and (2), respectively;

7 (B) in the matter preceding paragraph (1)

8 (as redesignated in subparagraph (A)), by in9 serting ‘‘the State board or agency governing

10 higher education,’’ after ‘‘coordinating council,’’;

11 and

12 (C) in paragraph (1) (as redesignated in

13 subparagraph (A))—

14 (i) by striking ‘‘Act and of’’ and in15 serting ‘‘Act, of’’; and

16 (ii) by inserting ‘‘and of the State

17 board or agency governing higher edu18 cation’’ after ‘‘Job Training Partnership

19 Act’’;

20 (3) by redesignating subsection (d) as subsection

21 (e); and

22 (4) by inserting after subsection (c) the following

23 new subsection:

24 ‘‘(d) DATA COLLECTION SYSTEM.—In the development

25 and design of a system to provide data on graduation or
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1 completion rates, job placement rates from occupationally

2 specific programs, licensing rates, and awards of high

3 school graduate equivalency diplomas (GED), each State

4 board for higher education shall develop a data collection

5 system the results of which can be integrated into the occu6 pational information system developed under this section.’’.

7 Subpart 3—Elementary Mathematics and Science

8 Equipment Program

9 SEC. 941. SHORT TITLE.

10 This subpart may be cited as the ‘‘Elementary Mathe11 matics and Science Equipment Act’’.

12 SEC. 942. STATEMENT OF PURPOSE.

13 It is the purpose of this subpart to raise the quality

14 of instruction in mathematics and science in the Nation’s

15 elementary schools by providing equipment and materials

16 necessary for hands-on instruction through assistance to

17 State and local educational agencies.

18 SEC. 943. PROGRAM AUTHORIZED.

19 The Secretary is authorized to make allotments to

20 State educational agencies under section 944 to enable such

21 agencies to award grants to local educational agencies for

22 the purpose of providing equipment and materials to ele23 mentary schools to improve mathematics and science edu24 cation in such schools.
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1 SEC. 944. ALLOTMENTS OF FUNDS.

2 (a) IN GENERAL.—From the amount appropriated

3 under section 950 for any fiscal year, the Secretary shall

4 reserve—

5 (1) not more than one-half of 1 percent for allot6 ment among Guam, American Samoa, the Virgin Is7 lands, the Northern Mariana Islands, the Republic of

8 the Marshall Islands, the Federated States of Microne9 sia, and the Republic of Palau according to their re10 spective needs for assistance under this subpart; and

11 (2) one-half of 1 percent for programs for Indian

12 students served by schools funded by the Secretary of

13 the Interior which are consistent with the purposes of

14 this subpart.

15 (b) ALLOTMENT.—The remainder of the amount so ap16 propriated (after meeting requirements in subsection (a))

17 shall be allotted among State educational agencies so that—

18 (1) one-half of such remainder shall be distrib19 uted by allotting to each State educational agency an

20 amount which bears the same ratio to such one-half

21 of such remainder as the number of children aged 5

22 to 17, inclusive, in the State bears to the number of

23 such children in all States; and

24 (2) one-half of such remainder shall be distrib25 uted according to each State’s share of allocations
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1 under chapter 1 of title I of the Elementary and Sec2 ondary Education Act of 1965,

3 except that no State educational agency shall receive less

4 than one-half of 1 percent of the amount available under

5 this subsection in any fiscal year or less than the amount

6 allotted to such State for fiscal year 1988 under title II

7 of the Education for Economic Security Act.

8 (c) REALLOTMENT OF UNUSED FUNDS.—The amount

9 of any State educational agency’s allotment under sub10 section (b) for any fiscal year to carry out this subpart

11 which the Secretary determines will not be required for that

12 fiscal year to carry out this subpart shall be available for

13 reallotment from time to time, on such dates during that

14 year as the Secretary may determine, to other State edu15 cational agencies in proportion to the original allotments

16 to those State educational agencies under subsection (b) for

17 that year but with such proportionate amount for any of

18 those other State educational agencies being reduced to the

19 extent it exceeds the sum the Secretary estimates that the

20 State educational agency needs and will be able to use for

21 that year, and the total of those reductions shall be simi22 larly reallotted among the State educational agencies whose

23 proportionate amounts were not so reduced. Any amounts

24 reallotted to a State educational agency under this sub25 section during a year shall be deemed a subpart of the State
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1 educational agency’s allotment under subsection (b) for that

2 year.

3 (d) DEFINITION.—For the purposes of this subpart the

4 term ‘‘State’’ means each of the 50 States, the District of

5 Columbia, and the Commonwealth of Puerto Rico.

6 (e) DATA.—The number of children aged 5 to 11, in7 clusive, in the State and in all States shall be determined

8 by the Secretary on the basis of the most recent satisfactory

9 data available to the Secretary.

10 SEC. 945. STATE APPLICATION.

11 (a) APPLICATION.—Each State educational agency de12 siring to receive an allotment under this subpart shall file

13 an application with the Secretary which covers a period

14 of 5 fiscal years. Such application shall be filed at such

15 time, in such manner, and containing or accompanied by

16 such information as the Secretary may reasonably require.

17 (b) CONTENTS OF APPLICATION.—Each application

18 described in subsection (a) shall—

19 (1) provide assurances that—

20 (A) the State educational agency shall use

21 the allotment provided under this subpart to

22 award grants to local educational agencies with23 in the State to enable such local educational

24 agencies to provide assistance to schools served
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1 by such agency to carry out the purpose of this

2 subpart;

3 (B) the State educational agency will pro4 vide such fiscal control and funds accounting as

5 the Secretary may require;

6 (C) every public elementary school in the

7 State is eligible to receive assistance under this

8 subpart once over the 5-year duration of the pro9 gram assisted under this subpart;

10 (D) funds provided under this subpart will

11 supplement, not supplant, State and local funds

12 made available for activities authorized under

13 this subpart;

14 (E) during the 5-year period described in

15 the application, the State educational agency

16 will evaluate its standards and programs for

17 teacher preparation and inservice professional

18 development for elementary mathematics and

19 science;

20 (F) the State educational agency will take

21 into account the needs for greater access to and

22 participation in mathematics and science by stu23 dents and teachers from historically

24 underrepresented groups, including females, mi25 norities, individuals with limited-English pro-
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1 ficiency, the economically disadvantaged, and in2 dividuals with disabilities; and

3 (G) that the needs of teachers and students

4 in areas with high concentrations of low-income

5 students and sparsely populated areas will be

6 given priority in awarding assistance under this

7 subpart;

8 (2) provide, if appropriate, a description of how

9 funds paid under this subpart will be coordinated

10 with State and local funds and other Federal re11 sources, particularly with respect to programs for the

12 professional development and inservice training of el13 ementary school teachers in science and mathematics;

14 and

15 (3) describe procedures—

16 (A) for submitting applications for pro17 grams described in sections 236 and 237 for dis18 tribution of assistance under this subpart within

19 the State; and

20 (B) for approval of applications by the

21 State educational agency, including appropriate

22 procedures to assure that such agency will not

23 disapprove an application without notice and

24 opportunity for a hearing.
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1 (c) STATE ADMINISTRATION.—Not more than 5 per2 cent of the funds allotted to each State educational agency

3 under this subpart shall be used for the administrative costs

4 of such agency associated with carrying out the program

5 assisted under this subpart.

6 SEC. 946. LOCAL APPLICATION.

7 (a) APPLICATION.—A local educational agency that de8 sires to receive a grant under this subpart shall submit an

9 application to the State educational agency. Each such ap10 plication shall contain assurances that each school served

11 by the local educational agency shall be eligible for assist12 ance under this subpart only once.

13 (b) CONTENTS OF APPLICATION.—Each application

14 described in subsection (a) shall—

15 (1) describe how the local educational agency

16 plans to set priorities on the use and distribution

17 among schools of grant funds received under this sub18 part to meet the purpose of this subpart;

19 (2) include assurances that the local educational

20 agency has made every effort to match on a dollar21 for-dollar basis from private or public sources the

22 funds received under this subpart, except that no such

23 application shall be penalized or denied assistance

24 under this subpart based on failure to provide such

25 matching funds;
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1 (3) describe, if applicable, how funds under this

2 subpart will be coordinated with State, local, and

3 other Federal resources, especially with respect to pro4 grams for the professional development and inservice

5 training of elementary school teachers in science and

6 mathematics; and

7 (4) describe the process which will be used to de8 termine different levels of assistance to be awarded to

9 schools with different needs.

10 (c) PRIORITY.—In awarding grants under this sub11 part, the State educational agency shall give priority to ap12 plications that—

13 (1) assign highest priority to providing assist14 ance to schools which—

15 (A) are most seriously underequipped; or

16 (B) serve large numbers or percentages of

17 economically disadvantaged students;

18 (2) are attentive to the needs of underrepresented

19 groups in science and mathematics;

20 (3) demonstrate how science and mathematics

21 equipment will be part of a comprehensive plan of

22 curriculum planning or implementation and teacher

23 training supporting hands-on laboratory activities;

24 and
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1 (4) assign priority to providing equipment and

2 materials for students in grades 1 through 6.

3 SEC. 947. PARTICIPATION OF PRIVATE SCHOOLS.

4 (a) PARTICIPATION OF PRIVATE SCHOOLS.—To the ex5 tent consistent with the number of children in the State or

6 in the school district of each local educational agency who

7 are enrolled in private nonprofit elementary schools, such

8 State educational agency shall, after consultation with ap9 propriate private school representatives, make provision for

10 including services and arrangements for the benefit of such

11 children as will assure the equitable participation of such

12 children in the purposes and benefits of this subpart.

13 (b) WAIVER.—If by reason of any provision of State

14 law a local educational agency is prohibited from providing

15 for the participation of children or teachers from private

16 nonprofit schools as required by subsection (a), or if the

17 Secretary determines that a State or local educational agen18 cy has substantially failed or is unwilling to provide for

19 such participation on an equitable basis, the Secretary shall

20 waive such requirements and shall arrange for the provision

21 of services to such children or teachers subject to the require22 ment of this section. Such waivers shall be subject to con23 sultation, withholding, notice, and judicial review require24 ments described in section 1017 of the Elementary and Sec25 ondary Education Act of 1965.
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1 SEC. 948. PROGRAM REQUIREMENTS.

2 (a) COORDINATION.—Each State educational agency

3 receiving an allotment under this subpart shall—

4 (1) disseminate information to school districts

5 and schools, including private nonprofit elementary

6 schools, regarding the program assisted under this

7 subpart;

8 (2) evaluate applications of local educational

9 agencies;

10 (3) award grants to local educational agencies

11 based on the priorities described in section 946(c);

12 and

13 (4) evaluate local educational agencies’ end-of14 year summaries and submit such evaluation to the

15 Secretary.

16 (b) LIMITATIONS ON USE OF FUNDS.—

17 (1) IN GENERAL.—Except as provided in para18 graph (2), grant funds and matching funds under

19 this subpart only shall be used to purchase science

20 equipment, science materials, or mathematical ma21 nipulative materials and shall not be used for com22 puters, computer peripherals, software, textbooks, or

23 staff development costs.

24 (2) CAPITAL IMPROVEMENTS.—Grant funds

25 under this subpart may not be used for capital im26 provements. Not more than 50 percent of any match-
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1 ing funds provided by the local educational agency

2 may be used for capital improvements of classroom

3 science facilities to support the hands-on instruction

4 that this subpart is intended to support, such as the

5 installation of electrical outlets, plumbing, lab tables

6 or counters, or ventilation mechanisms.

7 SEC. 949. FEDERAL ADMINISTRATION.

8 (a) TECHNICAL ASSISTANCE AND EVALUATION PROCE9 DURES.—The Secretary shall provide technical assistance

10 and, in consultation with State and local representatives

11 of the program assisted under this subpart, shall develop

12 procedures for State and local evaluations of the programs

13 assisted under this subpart.

14 (b) REPORT.—The Secretary shall report to the Con15 gress each year on the program assisted under this subpart.

16 SEC. 950. AUTHORIZATION OF APPROPRIATIONS.

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

18 for fiscal year 1995, and such sums as may be necessary

19 for each of the fiscal years 1996 through 1999, to carry out

20 this subpart.

21 Subpart 4—Media Instruction

22 SEC. 951. MEDIA INSTRUCTION.

23 (a) GRANTS AUTHORIZED.—The Secretary shall enter

24 into a contract with an independent nonprofit organization

25 described in subsection (b) for the establishment of a na-
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1 tional multimedia television-based project directed to

2 homes, schools and after-school programs that is designed

3 to motivate and improve the reading comprehension and

4 writing coherence of elementary school-age children.

5 (b) DEMONSTRATED EFFECTIVENESS.—The Secretary

6 shall award the contract described in subsection (a) to an

7 independent nonprofit organization that has demonstrated

8 effectiveness in educational programming and development

9 on a nationwide basis.

10 (c) AUTHORIZATION AND APPROPRIATIONS.—There

11 are authorized to be appropriated $5,000,000 for fiscal year

12 1995, and such sums as may be necessary for fiscal year

13 1996 and fiscal year 1997, to carry out this section.

14 Subpart 5—Star Schools

15 SEC. 961. STAR SCHOOLS.

16 Subsection (a) of section 908 of the Star Schools Assist17 ance Act (20 U.S.C. 4085b(a)) is amended by striking

18 ‘‘greater’’ and inserting ‘‘lesser’’.

19 Subpart 6—Office of Comprehensive School Health

20 Education

21 SEC. 971. OFFICE OF COMPREHENSIVE SCHOOL HEALTH

22 EDUCATION.

23 (a) IN GENERAL.—Subsection (c) of section 4605 of

24 the Elementary and Secondary Education Act of 1965 (20

25 U.S.C. 3155(c)) is amended—
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1 (1) in the matter preceding paragraph (1), by

2 striking ‘‘Office of the Secretary’’ and inserting ‘‘Of3 fice of Elementary and Secondary Education’’; and

4 (2) by adding at the end the following new para5 graph:

6 ‘‘(4) To act as a liaison office for the coordina7 tion of the activities undertaken by the Office under

8 this section with related activities of the Department

9 of Health and Human Services and to expand school

10 health education research grant programs under this

11 section.’’.

12 (b) TRANSITION.—The Secretary shall take all appro13 priate actions to facilitate the transfer of the Office of Com14 prehensive School Health Education pursuant to the

15 amendment made by subsection (a).

16 Subpart 7—Minority-Focused Civics Education

17 SEC. 981. SHORT TITLE.

18 This subpart may be cited as the ‘‘Minority-Focused

19 Civics Education Act of 1994’’.

20 SEC. 982. PURPOSES.

21 It is the purpose of this subpart—

22 (1) to encourage improved instruction for mi23 norities and Native Americans in American govern24 ment and civics through a national program of ac25 credited summer teacher training and staff develop-
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1 ment seminars or institutes followed by academic

2 year inservice training programs conducted on college

3 and university campuses or other appropriate sites,

4 for—

5 (A) social studies and other teachers respon6 sible for American history, government, and

7 civics classes; and

8 (B) other educators who work with minority

9 and Native American youth; and

10 (2) through such improved instruction to im11 prove minority and Native American student knowl12 edge and understanding of the American system of

13 government.

14 SEC. 983. GRANTS AUTHORIZED; AUTHORIZATION OF AP15 PROPRIATIONS.

16 (a) GRANTS AUTHORIZED.—

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

18 make grants to eligible entities for the development

19 and implementation of seminars in American govern20 ment and civics for elementary and secondary school

21 teachers and other educators who work with minority

22 and Native American students.

23 (2) AWARD RULE.— In awarding grants under

24 this subpart, the Secretary shall ensure that there is

25 wide geographic distribution of such grants.
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1 (b) AUTHORIZATION OF APPROPRIATIONS.—There are

2 authorized to be appropriated $5,000,000 for fiscal 1995,

3 and such sums as may be necessary for each of the fiscal

4 years 1996, 1997, and 1998, to carry out this subpart.

5 SEC. 984. DEFINITIONS.

6 For purposes of this subpart—

7 (1) the term ‘‘eligible entity’’ means a State edu8 cational agency, an institution of higher education or

9 a State higher education agency, or a public or pri10 vate nonprofit organization, with experience in co11 ordinating or conducting teacher training seminars

12 in American government and civics education, or a

13 consortium thereof; and

14 (2) the term ‘‘State higher education agency’’

15 means the officer or agency primarily responsible for

16 the State supervision of higher education.

17 SEC. 985. APPLICATIONS.

18 (a) APPLICATION REQUIRED.—Each eligible entity de19 siring a grant under this subpart shall submit an applica20 tion to the Secretary, at such time, in such manner and

21 containing or accompanied by such information as the Sec22 retary may reasonably require.

23 (b) CONTENTS OF APPLICATION.—Each application

24 submitted pursuant to subsection (a) shall—
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1 (1) define the learning objectives and course con2 tent of each seminar to be held and describe the man3 ner in which seminar participants shall receive sub4 stantive academic instruction in the principles, insti5 tutions and processes of American government;

6 (2) provide assurances that educators successfully

7 participating in each seminar will qualify for either

8 graduate credit or professional development or ad9 vancement credit according to the criteria established

10 by a State or local educational agency;

11 (3) describe the manner in which seminar par12 ticipants shall receive exposure to a broad array of

13 individuals who are actively involved in the political

14 process, including political party representatives

15 drawn equally from the major political parties, as

16 well as representatives of other organizations involved

17 in the political process;

18 (4) provide assurances that the seminars will be

19 conducted on a nonpartisan basis;

20 (5) describe the manner in which the seminars

21 will address the role of minorities or Native Ameri22 cans in the American political process, including such

23 topics as—

24 (A) the history and current political state of

25 minorities or Native Americans;
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1 (B) recent research on minority or Native

2 American political socialization patterns and

3 cognitive learning styles; and

4 (C) studies of political participation pat5 terns of minorities or Native Americans;

6 (6) describe the pedagogical elements for teachers

7 that will enable teachers to develop effective strategies

8 and lesson plans for teaching minorities or Native

9 American students at the elementary and secondary

10 school levels;

11 (7) identify the eligible entities which will con12 duct the seminars for which assistance is sought;

13 (8) in the case that the eligible entity is an insti14 tution of higher education, describe the plans for col15 laborating with national organizations in American

16 government and civics education;

17 (9) provide assurances that during the academic

18 year educators participating in the summer seminars

19 will provide inservice training programs based upon

20 what such educators have learned and the curricular

21 materials such educators have developed or acquired

22 for their peers in their school systems with the ap23 proval and support of their school administrators;

24 and
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1 (10) describe the activities or services for which

2 assistance is sought, including activities and services

3 such as—

4 (A) development of seminar curricula;

5 (B) development and distribution of in6 structional materials;

7 (C) scholarships for participating teachers;

8 and

9 (D) program assessment and evaluation.

10 (c) PRIORITY.—The Secretary, in approving applica11 tions for assistance under this subpart, shall give priority

12 to applications which demonstrate that—

13 (1) the applicant will serve teachers who teach in

14 schools with a large number or concentration of eco15 nomically disadvantaged students;

16 (2) the applicant has demonstrated national ex17 perience in conducting or coordinating accredited

18 summer seminars in American government or civics

19 education for elementary and secondary school teach20 ers;

21 (3) the applicant will coordinate or conduct sem22 inars on a national or multistate basis through a col23 laboration with an institution of higher education,

24 State higher education agency or a public or private

25 nonprofit organization, with experience in coordinat-
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1 ing or conducting teacher training programs in

2 American government and civics education;

3 (4) the applicant will coordinate or conduct sem4 inars designed for more than one minority student

5 population and for Native Americans; and

6 (5) the applicant will coordinate or conduct sem7 inars that offer a combination of academic instruc8 tion in American government, exposure to the prac9 tical workings of the political system, and training in

10 appropriate pedagogical techniques for working with

11 minority and Native American students.

12 PART C—DEFINITIONS

13 SEC. 991. DEFINITIONS.

14 For the purpose of this title—

15 (1) the term ‘‘elementary school’’ has the same

16 meaning given to such term by section 1471(8) of the

17 Elementary and Secondary Education Act of 1965;

18 (2) the term ‘‘institution of higher education’’

19 has the same meaning given to such term by section

20 1201(a) of the Higher Education Act of 1965;

21 (3) the term ‘‘local educational agency’’ has the

22 same meaning given to such term by section 1471(12)

23 of the Elementary and Secondary Education Act of

24 1965;
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1 (4) the term ‘‘secondary school’’ has the same

2 meaning given to such term by section 1471(21) of the

3 Elementary and Secondary Education Act of 1965;

4 (5) the term ‘‘Secretary’’ means the Secretary of

5 Education; and

6 (6) the term ‘‘State educational agency’’ has the

7 same meaning given such term by section 1471(23) of

8 the Elementary and Secondary Education Act of

9 1965.

10 TITLE X—PARENTS AS

11 TEACHERS

12 SEC. 1001. FINDINGS.

13 The Congress finds that—

14 (1) increased parental involvement in the edu15 cation of their children appears to be the key to long16 term gains for youngsters;

17 (2) providing seed money is an appropriate role

18 for the Federal Government to play in education;

19 (3) children participating in the parents as

20 teachers program in Missouri are found to have in21 creased cognitive or intellectual skills, language abil22 ity, social skills and other predictors of school success;

23 (4) most early childhood programs begin at age

24 3 or 4 when remediation may already be necessary;

25 and
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1 (5) many children receive no health screening be2 tween birth and the time they enter school, thus such

3 children miss the opportunity of having developmen4 tal delays detected early.

5 SEC. 1002. STATEMENT OF PURPOSE.

6 It is the purpose of this title to encourage States and

7 eligible entities to develop and expand parent and early

8 childhood education programs in an effort to—

9 (1) increase parents’ knowledge of and confidence

10 in child-rearing activities, such as teaching and nur11 turing their young children;

12 (2) strengthen partnerships between parents and

13 schools; and

14 (3) enhance the developmental progress of par15 ticipating children.

16 SEC. 1003. DEFINITIONS.

17 For the purposes of this title—

18 (1) the term ‘‘developmental screening’’ means

19 the process of measuring the progress of children to

20 determine if there are problems or potential problems

21 or advanced abilities in the areas of understanding

22 and use of language, perception through sight, percep23 tion through hearing, motor development and hand24 eye coordination, health, and physical development;
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1 (2) the term ‘‘eligible entity’’ means an entity in

2 a State operating a parents as teachers program;

3 (3) the term ‘‘eligible family’’ means any parent

4 with one or more children between birth and 3 years

5 of age;

6 (4) the term ‘‘lead agency’’ means—

7 (A) except as provided in subparagraph

8 (B), the office, agency, or other entity in a State

9 designated by the Governor to administer the

10 parents as teachers program authorized by this

11 title; or

12 (B) in the case of a grant awarded under

13 this title to an eligible entity, such eligible

14 entity;

15 (5) the term ‘‘parent education’’ includes parent

16 support activities, the provision of resource materials

17 on child development and parent-child learning ac18 tivities, private and group educational guidance, in19 dividual and group learning experiences for the par20 ent and child, and other activities that enable the

21 parent to improve learning in the home; and

22 (6) the term ‘‘parent educator’’ means a person

23 hired by the lead agency of a State or designated by

24 local entities who administers group meetings, home
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1 visits and developmental screening for eligible fami2 lies.

3 SEC. 1004. PROGRAM ESTABLISHED.

4 (a) AUTHORITY.—

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

6 make grants in order to pay the Federal share of the

7 cost of establishing, expanding, or operating parents

8 as teachers programs in a State.

9 (2) ELIGIBLE RECIPIENTS.—The Secretary may

10 make a grant under paragraph (1) to a State, except

11 that, in the case of a State having an eligible entity,

12 the Secretary shall make the grant directly to the

13 eligible entity.

14 (b) FUNDING RULE.—Grant funds awarded under this

15 section shall be used so as to supplement, and to the extent

16 practicable, increase the level of funds that would, in the

17 absence of such funds, be made available from non-Federal

18 sources, and in no case may such funds be used so as to

19 supplant funds from non-Federal sources.

20 SEC. 1005. PROGRAM REQUIREMENTS.

21 (a) REQUIREMENTS.—Each State or eligible entity re22 ceiving a grant pursuant to section 1004 shall conduct a

23 parents as teachers program which—
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1 (1) establishes and operates parent education

2 programs, including programs of developmental

3 screening of children; and

4 (2) designates a lead State agency which—

5 (A) shall hire parent educators who have

6 had supervised experience in the care and edu7 cation of children;

8 (B) shall establish the number of group

9 meetings and home visits required to be provided

10 each year for each participating family, with a

11 minimum of 2 group meetings and 10 home vis12 its for each participating family;

13 (C) shall be responsible for administering

14 the periodic screening of participating children’s

15 educational, hearing and visual development,

16 using the Denver Developmental Test, Zimmer17 man Preschool Language Scale, or other ap18 proved screening instruments; and

19 (D) shall develop recruitment and retention

20 programs for hard-to-reach populations.

21 (b) LIMITATION.—Grant funds awarded under this

22 title shall only be used for parents as teachers programs

23 which serve families during the period beginning with the

24 birth of a child and ending when the child attains the age

25 of 3.
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1 SEC. 1006. SPECIAL RULES.

2 Notwithstanding any other provision of this section—

3 (1) no person, including home school parents,

4 public school parents, or private school parents, shall

5 be required to participate in any program of parent

6 education or developmental screening pursuant to the

7 provisions of this title;

8 (2) no parents as teachers program assisted

9 under this title shall take any action that infringes

10 in any manner on the right of parents to direct the

11 education of their children; and

12 (3) the provisions of section 438(c) of the General

13 Education Provisions Act shall apply to States and

14 eligible entities awarded grants under this title.

15 SEC. 1007. PARENTS AS TEACHERS CENTERS.

16 The Secretary shall establish one or more Parents As

17 Teachers Centers to disseminate information to, and pro18 vide technical and training assistance to, States and eligi19 ble entities establishing and operating parents as teachers

20 programs.

21 SEC. 1008. EVALUATIONS.

22 The Secretary shall complete an evaluation of the par23 ents as teachers programs assisted under this title within

24 4 years from the date of enactment of this Act, including

25 an assessment of such programs’ impact on at-risk children.
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1 SEC. 1009. APPLICATION.

2 Each State or eligible entity desiring a grant under

3 this title shall submit an application to the Secretary at

4 such time, in such manner and accompanied by such infor5 mation as the Secretary may reasonably require. Each such

6 application shall describe the activities and services for

7 which assistance is sought.

8 SEC. 1010. PAYMENTS AND FEDERAL SHARE.

9 (a) PAYMENTS.—The Secretary shall pay to each State

10 or eligible entity having an application approved under sec11 tion 1009 the Federal share of the cost of the activities de12 scribed in the application.

13 (b) FEDERAL SHARE.—

14 (1) IN GENERAL.—The Federal share—

15 (A) for the first year for which a State or

16 eligible entity receives assistance under this title

17 shall be 100 percent;

18 (B) for the second such year shall be 100

19 percent;

20 (C) for the third such year shall be 75 per21 cent;

22 (D) for the fourth such year shall be 50 per23 cent; and

24 (E) for the fifth such year shall be 25 per25 cent.
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1 (2) NON-FEDERAL SHARE.—The non-Federal

2 share of payments under this title may be in cash or

3 in kind, fairly evaluated, including planned equip4 ment or services.

5 SEC. 1011. AUTHORIZATION OF APPROPRIATIONS.

6 There are authorized to be appropriated $20,000,000

7 for fiscal year 1993, and such sums as may be necessary

8 for each of the fiscal years 1994 through 1997, to carry out

9 this title.

10 SEC. 1012. HOME INSTRUCTION PROGRAM FOR PRESCHOOL

11 YOUNGSTERS.

12 Subsection (b) of section 1052 of the Elementary and

13 Secondary Education Act of 1965 (20 U.S.C. 2742(b)) is

14 amended by adding at the end the following new paragraph:

15 ‘‘(4)(A)(i) In any fiscal year in which this sub16 section applies, each State that receives a grant under

17 this part may use not more than 20 percent of such

18 grant funds in accordance with this part (other than

19 sections 1054(a), 1054(b), and 1055) to pay the Fed20 eral share of the cost of establishing, operating, or ex21 panding a Home Instruction Program for Preschool

22 Youngsters that is not eligible to receive assistance

23 under this part due to the application of such sec24 tions.
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1 ‘‘(ii) Each State establishing, operating or ex2 panding a Home Instruction Program for Preschool

3 Youngsters pursuant to clause (i) shall give priority

4 to establishing, operating or expanding, respectively,

5 such a program that targets—

6 ‘‘(I) working poor families or near poor

7 families that do not qualify for assistance under

8 the early childhood programs under the Head

9 Start Act or this chapter; and

10 ‘‘(II) parents who have limited or unsuc11 cessful formal schooling.

12 ‘‘(B) For the purpose of carrying out subpara13 graph (A), a Home Instruction Program for Preschool

14 Youngsters that is not eligible to receive assistance

15 under this part due to the application of sections

16 1054(a), 1054(b), and 1055 shall be deemed to be an

17 eligible entity.

18 ‘‘(C) For the purpose of this paragraph—

19 ‘‘(i) the term ‘Home Instruction Program

20 for Preschool Youngsters’ means a voluntary

21 early-learning program, for parents with one or

22 more children between age 3 through 5, inclusive,

23 that—

24 ‘‘(I) provides support, training, and

25 appropriate educational materials, nec-
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1 essary for parents to implement a school2 readiness, home instruction program for the

3 child; and

4 ‘‘(II) includes—

5 ‘‘(aa) group meetings with other

6 parents participating in the program;

7 ‘‘(bb) individual and group learn8 ing experiences with the parent and

9 child;

10 ‘‘(cc) provision of resource mate11 rials on child development and parent12 child learning activities; and

13 ‘‘(dd) other activities that enable

14 the parent to improve learning in the

15 home;

16 ‘‘(ii) the term ‘limited or unsuccessful for17 mal schooling’ means the—

18 ‘‘(I) completion of secondary school

19 with low achievement during enrollment;

20 ‘‘(II) noncompletion of secondary

21 school with low achievement during enroll22 ment; or

23 ‘‘(III) lack of a certificate of gradua24 tion from a school providing secondary edu-
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1 cation or the recognized equivalent of such

2 certificate;

3 ‘‘(iii) the term ‘near poor families’ means

4 families that have an income that is approxi5 mately 130 percent of the poverty line (as de6 fined by the Office of Management and Budget,

7 and revised annually in accordance with section

8 673(2) of the Community Services Block Grant

9 Act; and

10 ‘‘(iv) the term ‘working poor families’

11 means families that—

12 ‘‘(I) have family members—

13 ‘‘(aa) who are working; or

14 ‘‘(bb) who were looking for work

15 during the 6 months prior to the date

16 on which the determination is made;

17 and

18 ‘‘(II) earn an income not in excess of

19 150 percent of the poverty line as described

20 in clause (iii).’’.

21 TITLE XI—GUN-FREE SCHOOLS

22 SEC. 1101. SHORT TITLE.

23 This title may be cited as the ‘‘Gun-Free Schools Act

24 of 1994’’.
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1 SEC. 1102. GUN-FREE REQUIREMENTS IN ELEMENTARY AND

2 SECONDARY SCHOOLS.

3 The Elementary and Secondary Education Act of 1965

4 (20 U.S.C. 2701 et seq.) is amended—

5 (1) by redesignating title X as title IX;

6 (2) by redesignating sections 8001 through 8005

7 as sections 9001 through 9005, respectively; and

8 (3) by inserting after title VII the following new

9 title:

10 ‘‘TITLE VIII—GUN-FREE

11 SCHOOLS

12 ‘‘SEC. 8001. GUN-FREE REQUIREMENTS.

13 ‘‘(a) REQUIREMENTS.—

14 ‘‘(1) IN GENERAL.—No assistance may be pro15 vided to any local educational agency under this Act

16 unless such agency has in effect a policy requiring the

17 expulsion from school for a period of not less than one

18 year of any student who is determined to have

19 brought a weapon to a school under the jurisdiction

20 of the agency except such policy may allow the chief

21 administering officer of the agency to modify such ex22 pulsion requirement for a student on a case-by-case

23 basis.

24 ‘‘(2) DEFINITION.—For the purpose of this sec25 tion, the term ‘‘weapon’’ means a firearm as such
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1 term is defined in section 921 of title 18, United

2 States Code.

3 ‘‘(b) REPORT TO STATE.—Each local educational

4 agency requesting assistance from the State educational

5 agency that is to be provided from funds made available

6 to the State under this Act shall provide to the State, in

7 the application requesting such assistance—

8 ‘‘(1) an assurance that such local educational

9 agency has in effect the policy required by subsection

10 (a); and

11 ‘‘(2) a description of the circumstances surround12 ing any expulsions imposed under the policy required

13 by subsection (a), including—

14 ‘‘(A) the name of the school concerned;

15 ‘‘(B) the number of students expelled from

16 such school; and

17 ‘‘(C) the types of weapons concerned.’’.

18 TITLE XII—ENVIRONMENTAL

19 TOBACCO SMOKE

20 SEC. 1201. SHORT TITLE.

21 This title may be cited as the ‘‘Preventing Our Kids

22 From Inhaling Deadly Smoke (PRO-KIDS) Act of 1994’’.

23 SEC. 1202. FINDINGS.

24 Congress finds that—
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1 (1) environmental tobacco smoke comes from sec2 ondhand smoke exhaled by smokers and sidestream

3 smoke emitted from the burning of cigarettes, cigars,

4 and pipes;

5 (2) since citizens of the United States spend up

6 to 90 percent of each day indoors, there is a signifi7 cant potential for exposure to environmental tobacco

8 smoke from indoor air;

9 (3) exposure to environmental tobacco smoke oc10 curs in schools, public buildings, and other indoor fa11 cilities;

12 (4) recent scientific studies have concluded that

13 exposure to environmental tobacco smoke is a cause of

14 lung cancer in healthy nonsmokers and is responsible

15 for acute and chronic respiratory problems and other

16 health impacts in sensitive populations (including

17 children);

18 (5) the health risks posed by environmental to19 bacco smoke exceed the risks posed by many environ20 mental pollutants regulated by the Environmental

21 Protection Agency; and

22 (6) according to information released by the En23 vironmental Protection Agency, environmental to24 bacco smoke results in a loss to the economy of over

25 $3,000,000,000 per year.
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1 SEC. 1203. DEFINITIONS.

2 As used in this title:

3 (1) ADMINISTRATOR.—The term ‘‘Adminis4 trator’’ means the Administrator of the Environ5 mental Protection Agency.

6 (2) CHILDREN.—The term ‘‘children’’ means in7 dividuals who have not attained the age of 18.

8 (3) CHILDREN’S SERVICES.—The term ‘‘chil9 dren’s services’’ means services that are—

10 (A)(i) direct health services routinely pro11 vided to children; or

12 (ii) any other direct services routinely pro13 vided primarily to children, including edu14 cational services; and

15 (B) funded, directly or indirectly, in whole

16 or in part, by Federal funds (including in-kind

17 assistance).

18 (4) SECRETARY.—The term ‘‘Secretary’’ means

19 the Secretary of Health and Human Services.

20 SEC. 1204. NONSMOKING POLICY FOR CHILDREN’S SERV21 ICES.

22 (a) ISSUANCE OF GUIDELINES.—Not later than 180

23 days after the date of enactment of this Act, the Adminis24 trator shall issue guidelines for instituting and enforcing

25 a nonsmoking policy at each indoor facility where chil26 dren’s services are provided.
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1 (b) CONTENTS OF GUIDELINES.—A nonsmoking policy

2 that meets the requirements of the guidelines shall, at a

3 minimum, prohibit smoking in each portion of an indoor

4 facility where children’s services are provided that is not

5 ventilated separately (as defined by the Administrator)

6 from other portions of the facility.

7 SEC. 1205. TECHNICAL ASSISTANCE.

8 (a) IN GENERAL.—The Administrator and the Sec9 retary shall provide technical assistance to persons who pro10 vide children’s services and other persons who request tech11 nical assistance.

12 (b) ASSISTANCE BY THE ADMINISTRATOR.—The tech13 nical assistance provided by the Administrator under this

14 section shall include information to assist persons in com15 pliance with the requirements of this title.

16 (c) ASSISTANCE BY THE SECRETARY.—The technical

17 assistance provided by the Secretary under this section shall

18 include information for employees on smoking cessation

19 programs and on smoking and health issues.

20 SEC. 1206. FEDERALLY FUNDED PROGRAMS.

21 (a) IN GENERAL.—Notwithstanding any other provi22 sion of law, each person who provides children’s services

23 shall establish and make a good-faith effort to enforce a non24 smoking policy that meets or exceeds the requirements of

25 subsection (b).
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1 (b) NONSMOKING POLICY.—

2 (1) GENERAL REQUIREMENTS.—A nonsmoking

3 policy meets the requirements of this subsection if the

4 policy—

5 (A) is consistent with the guidelines issued

6 under section 1204(a);

7 (B) prohibits smoking in each portion of an

8 indoor facility used in connection with the pro9 vision of services directly to children; and

10 (C) where appropriate, requires that signs

11 stating that smoking is not permitted be posted

12 in each indoor facility to communicate the pol13 icy.

14 (2) PERMISSIBLE FEATURES.—A nonsmoking

15 policy that meets the requirements of this subsection

16 may allow smoking in those portions of the facility—

17 (A) in which services are not normally pro18 vided directly to children; and

19 (B) that are ventilated separately from

20 those portions of the facility in which services

21 are normally provided directly to children.

22 (c) WAIVER.—

23 (1) IN GENERAL.—A person described in sub24 section (a) may publicly petition the head of the Fed25 eral agency from which the person receives Federal
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1 funds (including financial assistance) for a waiver

2 from any or all of the requirements of subsection (b).

3 (2) CONDITIONS FOR GRANTING A WAIVER.—Ex4 cept as provided in paragraph (3), the head of the

5 Federal agency may grant a waiver only—

6 (A) after consulting with the Administrator,

7 and receiving the concurrence of the Adminis8 trator;

9 (B) after giving an opportunity for public

10 hearing (at the main office of the Federal agency

11 or at any regional office of the agency) and com12 ment; and

13 (C) if the person requesting the waiver pro14 vides assurances that are satisfactory to the head

15 of the Federal agency (with the concurrence of

16 the Administrator) that—

17 (i) unusual extenuating circumstances

18 prevent the person from establishing or en19 forcing the nonsmoking policy (or a require20 ment under the policy) referred to in sub21 section (b) (including a case in which the

22 person shares space in an indoor facility

23 with another entity and cannot obtain an

24 agreement with the other entity to abide by

25 the nonsmoking policy requirement) and the
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1 person will establish and make a good-faith

2 effort to enforce an alternative nonsmoking

3 policy (or alternative requirement under the

4 policy) that will protect children from expo5 sure to environmental tobacco smoke to the

6 maximum extent possible; or

7 (ii) the person requesting the waiver

8 will establish and make a good-faith effort

9 to enforce an alternative nonsmoking policy

10 (or alternative requirement under the pol11 icy) that will protect children from exposure

12 to environmental tobacco smoke to the same

13 degree as the policy (or requirement) under

14 subsection (b).

15 (3) SPECIAL WAIVER.—

16 (A) IN GENERAL.—On receipt of an appli17 cation, the head of the Federal agency may grant

18 a special waiver to a person described in sub19 section (a) who employs individuals who are

20 members of a labor organization and provide

21 children’s services pursuant to a collective bar22 gaining agreement that—

23 (i) took effect before the date of enact24 ment of this Act; and
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1 (ii) includes provisions relating to

2 smoking privileges that are in violation of

3 the requirements of this section.

4 (B) TERMINATION OF WAIVER.—A special

5 waiver granted under this paragraph shall ter6 minate on the earlier of—

7 (i) the first expiration date (after the

8 date of enactment of this Act) of the collec9 tive bargaining agreement containing the

10 provisions relating to smoking privileges; or

11 (ii) the date that is 1 year after the

12 date specified in subsection (f).

13 (d) CIVIL PENALTIES.—

14 (1) IN GENERAL.—Any person subject to the re15 quirements of this section who fails to comply with

16 the requirements shall be liable to the United States

17 for a civil penalty in an amount not to exceed $1,000

18 for each violation, but in no case shall the amount be

19 in excess of the amount of Federal funds received by

20 the person for the fiscal year in which the violation

21 occurred for the provision of children’s services. Each

22 day a violation continues shall constitute a separate

23 violation.

24 (2) ASSESSMENT.—A civil penalty for a viola25 tion of this section shall be assessed by the head of the
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1 Federal agency that provided Federal funds (includ2 ing financial assistance) to the person (or if the head

3 of the Federal agency does not have the authority to

4 issue an order, the appropriate official) by an order

5 made on the record after opportunity for a hearing in

6 accordance with section 554 of title 5, United States

7 Code. Before issuing the order, the head of the Federal

8 agency (or the appropriate official) shall—

9 (A) give written notice to the person to be

10 assessed a civil penalty under the order of the

11 proposal to issue the order; and

12 (B) provide the person an opportunity to

13 request, not later than 15 days after the date of

14 receipt of the notice, a hearing on the order.

15 (3) AMOUNT OF CIVIL PENALTY.—In determining

16 the amount of a civil penalty under this subsection,

17 the head of the Federal agency (or the appropriate of18 ficial) shall take into account—

19 (A) the nature, circumstances, extent, and

20 gravity of the violation;

21 (B) with respect to the violator, the ability

22 to pay, the effect of the penalty on the ability to

23 continue operation, any prior history of the

24 same kind of violation, the degree of culpability,
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1 and a demonstration of willingness to comply

2 with the requirements of this title; and

3 (C) such other matters as justice may re4 quire.

5 (4) MODIFICATION.—The head of the Federal

6 agency (or the appropriate official) may compromise,

7 modify, or remit, with or without conditions, any

8 civil penalty that may be imposed under this sub9 section. The amount of the penalty as finally deter10 mined or agreed upon in compromise may be de11 ducted from any sums that the United States owes to

12 the person against whom the penalty is assessed.

13 (5) PETITION FOR REVIEW.—A person who has

14 requested a hearing concerning the assessment of a

15 penalty pursuant to paragraph (2) and is aggrieved

16 by an order assessing a civil penalty may file a peti17 tion for judicial review of the order with the United

18 States Court of Appeals for the District of Columbia

19 Circuit or for any other circuit in which the person

20 resides or transacts business. The petition may only

21 be filed during the 30-day period beginning on the

22 date of issuance of the order making the assessment.

23 (6) FAILURE TO PAY.—If a person fails to pay

24 an assessment of a civil penalty—
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1 (A) after the order making the assessment

2 has become a final order and without filing a pe3 tition for judicial review in accordance with

4 paragraph (5); or

5 (B) after a court has entered a final judg6 ment in favor of the head of the Federal agency

7 (or appropriate official),

8 the Attorney General shall recover the amount as9 sessed (plus interest at then currently prevailing rates

10 from the last day of the 30-day period referred to in

11 paragraph (5) or the date of the final judgment, as

12 the case may be) in an action brought in an appro13 priate district court of the United States. In the ac14 tion, the validity, amount, and appropriateness of the

15 penalty shall not be subject to review.

16 (e) EXEMPTION.—This section shall not apply to a

17 person who provides children’s services who—

18 (1) has attained the age of 18;

19 (2) provides children’s services—

20 (A) in a private residence; and

21 (B) only to children who are, by affinity or

22 consanguinity, or by court decree, a grandchild,

23 niece, or nephew of the provider; and
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1 (3) is registered and complies with any State re2 quirements that govern the children’s services pro3 vided.

4 (f) EFFECTIVE DATE.—This section shall take effect on

5 the first day of the first fiscal year beginning after the date

6 of enactment of this Act.

7 SEC. 1207. REPORT BY THE ADMINISTRATOR.

8 Not later than 2 years after the date of enactment of

9 this Act, the Administrator shall submit a report to Con10 gress that includes—

11 (1) information concerning the degree of compli12 ance with this title; and

13 (2) an assessment of the legal status of smoking

14 in public places.

15 SEC. 1208. PREEMPTION.

16 Nothing in this title is intended to preempt any provi17 sion of law of a State or political subdivision of a State

18 that is more restrictive than a provision of this title.

Attest:

Secretary.
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