566
ance with the preceding sentence shall, for purposes of this
part, be regarded as part of such State’s payment (as de-
termined under subsection (b)) for such year, but shall
remain available until the end of the succeeding fiscal
year.
‘‘(e) RESERVATION OF FUNDS.—
‘‘(1) IN GENERAL.—Notwithstanding any other
provision of this part, if the amount appropriated to
carry out this part exceeds $50,000,000 for a fiscal
year, a State educational agency may reserve not
more than 20 percent of such agency’s payment
under this part for such year to award grants, on a
competitive basis, to local educational agencies with-
in the State as follows:
‘‘(A) At least one-half of such grants shall
be made available to eligible local educational
agencies (as described in subsection (b)(2))
within the State with the highest numbers and
percentages of immigrant children and youth.
‘‘(B) Funds reserved under this paragraph
and not made available under subparagraph (A)
may be distributed to local educational agencies
within the State experiencing a sudden influx of
immigrant children and youth which are other-
wise not eligible for assistance under this part.
567
‘‘(2) USE OF GRANT FUNDS.—Each local edu-
cational agency receiving a grant under paragraph
(1) shall use such grant funds to carry out the ac-
tivities described in section 7207.
‘‘(3) INFORMATION.—Local educational agen-
cies with the highest number of immigrant children
and youth receiving funds under paragraph (1) may
make information available on serving immigrant
children and youth to local educational agencies in
the State with sparse numbers of such children.
‘‘SEC. 7205. STATE APPLICATIONS.
‘‘(a) SUBMISSION.—No State educational agency
shall receive any payment under this part for any fiscal
year unless such agency submits an application to the Sec-
retary at such time, in such manner, and containing or
accompanied by such information, as the Secretary may
reasonably require. Each such application shall—
‘‘(1) provide that the educational programs,
services, and activities for which payments under
this part are made will be administered by or under
the supervision of the agency;
‘‘(2) provide assurances that payments under
this part will be used for purposes set forth in sec-
tions 7201(b) and 7207, including a description of
how local educational agencies receiving funds under
568
this part will use such funds to meet such purposes
and will coordinate with other programs assisted
under this Act and other Acts as appropriate;
‘‘(3) provide an assurance that local educational
agencies receiving funds under this part will coordi-
nate the use of such funds with programs assisted
under part A or title I;
‘‘(4) provide assurances that such payments,
with the exception of payments reserved under sec-
tion 7204(e), will be distributed among local edu-
cational agencies within that State on the basis of
the number of immigrant children and youth count-
ed with respect to each such local educational agency
under section 7204(b)(1);
‘‘(5) provide assurances that the State edu-
cational agency will not finally disapprove in whole
or in part any application for funds received under
this part without first affording the local educational
agency submitting an application for such funds rea-
sonable notice and opportunity for a hearing;
‘‘(6) provide for making such reports as the
Secretary may reasonably require to perform the
Secretary’s functions under this part;
‘‘(7) provide assurances—
569
‘‘(A) that to the extent consistent with the
number of immigrant children and youth en-
rolled in the nonpublic elementary or secondary
schools within the district served by a local edu-
cational agency, such agency, after consultation
with appropriate officials of such schools, shall
provide for the benefit of such children and
youth secular, neutral, and nonideological serv-
ices, materials, and equipment necessary for the
education of such children and youth;
‘‘(B) that the control of funds provided
under this part to any materials, equipment,
and property repaired, remodeled, or con-
structed with those funds shall be in a public
agency for the uses and purposes provided in
this part, and a public agency shall administer
such funds and property; and
‘‘(C) that the provision of services pursu-
ant to this paragraph shall be provided by em-
ployees of a public agency or through contract
by such public agency with a person, associa-
tion, agency, or corporation who or which, in
the provision of such services, is independent of
such nonpublic elementary or secondary school
and of any religious organization, and such em-
570
ployment or contract shall be under the control
and supervision of such public agency, and the
funds provided under this paragraph shall not
be commingled with State or local funds;
‘‘(8) provide that funds reserved under section
7204(e) be awarded on a competitive basis based on
merit and need in accordance with such subsection;
and
‘‘(9) provide an assurance that State and local
educational agencies receiving funds under this part
will comply with the requirements of section
1120(b).
‘‘(b) APPLICATION REVIEW.—
‘‘(1) IN GENERAL.—The Secretary shall review
all applications submitted pursuant to this section
by State educational agencies.
‘‘(2) APPROVAL.—The Secretary shall approve
any application submitted by a State educational
agency that meets the requirements of this section.
‘‘(3) DISAPPROVAL.—The Secretary shall dis-
approve any application submitted by a State edu-
cational agency which does not meet the require-
ments of this section, but shall not finally disapprove
an application except after providing reasonable no-
571
tice, technical assistance, and an opportunity for a
hearing to the State.
‘‘SEC. 7206. ADMINISTRATIVE PROVISIONS.
‘‘(a) NOTIFICATION
OF AMOUNT.—The Secretary,
not later than June 1 of each year, shall notify each State
educational agency that has an application approved under
section 7205 of the amount of such agency’s allocation
under section 7204 for the succeeding year.
‘‘(b) SERVICES TO CHILDREN ENROLLED IN NON-
PUBLIC SCHOOLS.—If by reason of any provision of law
a local educational agency is prohibited from providing
educational services for children enrolled in elementary
and secondary nonpublic schools, as required by section
7205(a)(7), or if the Secretary determines that a local
educational agency has substantially failed or is unwilling
to provide for the participation on an equitable basis of
children enrolled in such schools, the Secretary may waive
such requirement and shall arrange for the provision of
services, subject to the requirements of this part, to such
children. Such waivers shall be subject to consultation,
withholding, notice, and judicial review requirements in
accordance with the provisions of title I.
‘‘SEC. 7207. USES OF FUNDS.
‘‘(a) USE OF FUNDS.—Funds awarded under this
part shall be used to pay for enhanced instructional oppor-
572
tunities for immigrant children and youth, which may
include—
‘‘(1) family literacy, parent outreach, and train-
ing activities designed to assist parents to become
active participants in the education of their children;
‘‘(2) salaries of personnel, including teacher
aides who have been specifically trained, or are being
trained, to provide services to immigrant children
and youth;
‘‘(3) tutorials, mentoring, and academic or ca-
reer counseling for immigrant children and youth;
‘‘(4) identification and acquisition of curricular
materials, educational software, and technologies to
be used in the program;
‘‘(5) basic instructional services which are di-
rectly attributable to the presence in the school dis-
trict of immigrant children, including the costs of
providing additional classroom supplies, overhead
costs, costs of construction, acquisition or rental of
space, costs of transportation, or such other costs as
are directly attributable to such additional basic in-
structional services; and
‘‘(6) such other activities, related to the pur-
poses of this part, as the Secretary may authorize.
573
‘‘(b) CONSORTIA.—A local educational agency that
receives a grant under this part may collaborate or form
a consortium with one or more local educational agencies,
institutions of higher education, and nonprofit organiza-
tions to carry out the program described in an application
approved under this part.
‘‘(c) SUBGRANTS.—A local educational agency that
receives a grant under this part may, with the approval
of the Secretary, make a subgrant to, or enter into a con-
tract with, an institution of higher education, a nonprofit
organization, or a consortium of such entities to carry out
a program described in an application approved under this
part, including a program to serve out-of-school youth.
‘‘(d) CONSTRUCTION.—Nothing in this part shall be
construed to prohibit a local educational agency from serv-
ing immigrant children simultaneously with students with
similar educational needs, in the same educational settings
where appropriate.
‘‘SEC. 7208. REPORTS.
‘‘(a) BIENNIAL REPORT.—Each State educational
agency receiving funds under this part shall submit, once
every 2 years, a report to the Secretary concerning the
expenditure of funds by local educational agencies under
this part. Each local educational agency receiving funds
574
under this part shall submit to the State educational agen-
cy such information as may be necessary for such report.
‘‘(b) REPORT TO CONGRESS.—The Secretary shall
submit, once every 2 years, a report to the appropriate
committees of the Congress concerning programs assisted
under this part in accordance with section 10501.
‘‘SEC. 7209. AUTHORIZATION OF APPROPRIATIONS.
‘‘For the purpose of carrying out this part, there are
authorized to be appropriated $200,000,000 for fiscal year
2002 and such sums as may be necessary for each of the
4 succeeding fiscal years.
‘‘PART C—GENERAL PROVISIONS
‘‘SEC. 7301. DEFINITIONS.
‘‘For purposes of this title:
‘‘(1) CHILDREN AND YOUTH.—The term ‘chil-
dren and youth’ means individuals aged 3 through
21.
‘‘(2) COMMUNITY-BASED ORGANIZATION.—The
term ‘community-based organization’ means a pri-
vate nonprofit organization of demonstrated effec-
tiveness or Indian tribe or tribally sanctioned edu-
cational authority which is representative of a com-
munity or significant segments of a community and
which provides educational or related services to in-
dividuals in the community. Such term includes a
575
Native Hawaiian or Native American Pacific Is-
lander native language educational organization.
‘‘(3) IMMIGRANT CHILDREN AND YOUTH.—The
term ‘immigrant children and youth’ means individ-
uals who—
‘‘(A) are aged 3 through 21;
‘‘(B) were not born in any State; and
‘‘(C) have not been attending one or more
schools in any one or more States for more
than three full academic years.
‘‘(4) LIMITED
ENGLISH
PROFICIENT.—The
term ‘limited English proficient’, when used with
reference to an individual, means an individual—
‘‘(A) aged 3 through 21;
‘‘(B) who—
‘‘(i) was not born in the United
States;
‘‘(ii) comes from an environment
where a language other than English is
dominant and who normally uses a lan-
guage other than English;
‘‘(iii) is a Native American or Alaska
Native or who is a native resident of the
outlying areas and who normally uses a
language other than English; or
576
‘‘(iv) is migratory and whose native
language is other than English and who
normally uses a language other than
English; and
‘‘(C) who has sufficient difficulty speaking,
reading, writing, or understanding the English
language that the difficulty may deny the indi-
vidual the opportunity—
‘‘(i) to learn successfully in a class-
room where the language of instruction is
English; or
‘‘(ii) to participate fully in society.
‘‘(5) NATIVE AMERICAN AND NATIVE AMERICAN
LANGUAGE.—The terms ‘Native American’ and ‘Na-
tive American language’ shall have the same mean-
ing given such terms in section 103 of the Native
American Languages Act of 1990.
‘‘(6) NATIVE HAWAIIAN OR NATIVE AMERICAN
PACIFIC ISLANDER NATIVE LANGUAGE EDUCATIONAL
ORGANIZATION.—The term ‘Native Hawaiian or Na-
tive American Pacific Islander native language edu-
cational organization’ means a nonprofit organiza-
tion with a majority of its governing board and em-
ployees consisting of fluent speakers of the tradi-
tional Native American languages used in their edu-
577
cational programs and with not less than 5 years
successful experience in providing educational serv-
ices in traditional Native American languages.
‘‘(7) NATIVE
LANGUAGE.—The term ‘native
language’, when used with reference to an individual
who is limited English proficient, means the lan-
guage normally used by such individual.
‘‘(8) OUTLYING
AREA.—The term ‘outlying
area’ means any of the following:
‘‘(A) The Virgin Islands of the United
States.
‘‘(B) Guam.
‘‘(C) American Samoa.
‘‘(D) The Commonwealth of the Northern
Mariana Islands.
‘‘(9) PARAPROFESSIONAL.—The term ‘para-
professional’ means an individual who is employed in
preschool, elementary or secondary school under the
supervision of a certified or licensed teacher, includ-
ing individuals employed in educational programs
serving limited English proficient children, special
education and migrant education.
‘‘(10) STATE.—The term ‘State’ means any of
the several States, the District of Columbia, the
Commonwealth of Puerto Rico, or any outlying area.
578
‘‘(11) TRIBALLY
SANCTIONED
EDUCATIONAL
AUTHORITY.—The term ‘tribally sanctioned edu-
cational authority’ means—
‘‘(A) any department or division of edu-
cation operating within the administrative
structure of the duly constituted governing body
of an Indian tribe; and
‘‘(B) any nonprofit institution or organiza-
tion that is—
‘‘(i) chartered by the governing body
of an Indian tribe to operate a school de-
scribed in section 7113(a) or otherwise to
oversee the delivery of educational services
to members of the tribe; and
‘‘(ii) approved by the Secretary for
the purpose of carrying out programs
under subpart 1 of part A for individuals
served by a school described in section
7113(a).
‘‘SEC. 7302. CONSTRUCTION.
‘‘Nothing in part A shall be construed—
‘‘(1) to prohibit a local educational agency from
serving limited English proficient children and youth
simultaneously with students with similar edu-
579
cational needs, in the same educational settings
where appropriate;
‘‘(2) as requiring a State or a local educational
agency to establish, continue, or eliminate a program
of native language instruction; and
‘‘(3) to limit the preservation or use of Native
American languages as defined in the Native Amer-
ican Languages Act or Alaska Native languages.
‘‘SEC. 7303. EVALUATION.
‘‘(a) IN GENERAL.—Each eligible entity that receives
a subgrant from a State or a grant from the Secretary
under subpart 1 of part A shall provide the Secretary, at
the conclusion of every second fiscal year during which the
subgrant or grant is received, with an evaluation, in a
form prescribed by the State or the Secretary, of—
‘‘(1) the programs and activities conducted by
the entity with funds received under such subpart
during the two immediately preceding fiscal years;
‘‘(2) the progress made by students in learning
the English language and meeting challenging State
content standards and challenging State student
performance standards;
‘‘(3) the number and percentage of students in
the programs and activities attaining English lan-
guage proficiency by the end of each school year, as
580
determined by a valid and reliable assessment of
English proficiency; and
‘‘(4) the progress made by students in meeting
challenging State content and challenging State per-
formance standards for each of the 2 years after
such students are no longer receiving services under
this part.
‘‘(b) USE OF EVALUATION.—An evaluation provided
by an eligible entity under subsection (a) shall be used
by the entity and the Secretary—
‘‘(1) for improvement of programs and activi-
ties;
‘‘(2) to determine the effectiveness of programs
and activities in assisting children who are limited
English proficient to attain English proficiency (as
measured consistent with subsection (d)) and meet
challenging State content standards and challenging
State student performance standards; and
‘‘(3) in determining whether or not to continue
funding for specific programs or projects.
‘‘(c) EVALUATION
COMPONENTS.—An evaluation
provided by an eligible entity under subsection (a) shall
include—
‘‘(1) an evaluation of whether students enrolling
in a program or activity conducted by the entity
581
with funds received under subpart 1 of part A have
progressed in attaining English proficiency and are
meeting challenging State content standards and
challenging State student performance standards;
and
‘‘(2) such other information as the State or the
Secretary may require.
‘‘(d) EVALUATION MEASURES.—In prescribing the
form of an evaluation provided by an entity under sub-
section (a), a State or the Secretary shall approve evalua-
tion measures, as applicable, for use under subsection (c)
that are designed to assess—
‘‘(1) oral language proficiency in kindergarten;
‘‘(2) oral language proficiency, including speak-
ing and listening skills, in first grade;
‘‘(3) both oral language proficiency, including
speaking and listening skills, and reading and writ-
ing proficiency in grades 2 and higher; and
‘‘(4) attainment of challenging State perform-
ance standards.
‘‘SEC. 7304. LIMITATION ON FEDERAL REGULATIONS.
‘‘The Secretary shall issue regulations under this title
only to the extent that such regulations are necessary to
ensure compliance with the specific requirements of this
title.
582
‘‘SEC. 7305. CIVIL RIGHTS.
‘‘Nothing in this title shall be construed in a manner
inconsistent with any Federal law guaranteeing a civil
right.
‘‘SEC. 7306. REPORT.
‘‘The Secretary shall prepare, and submit to the
Committee on Education and the Workforce of the House
of Representatives and the Committee on Health, Edu-
cation, Labor, and Pensions of the Senate, a report on—
‘‘(1) the activities carried out part A and the
effectiveness of such activities in increasing the
English proficiency of limited English proficient chil-
dren and helping them to meet challenging State
content standards and challenging State perform-
ance standards;
‘‘(2) the types of instructional programs used
under subpart 1 of part A to teach limited English
proficient children;
‘‘(3) the number of programs, if any, which
were terminated from the program because they
were not able to reach program goals; and
‘‘(4) other information gathered as part of the
evaluation conducted under section 7303.
583
‘‘SEC. 7307. PROGRAMS FOR NATIVE AMERICANS AND
PUERTO RICO.
‘‘Programs authorized under subparts 1 and 2 of part
A that serve Native American children, Native Pacific Is-
land children, and children in the Commonwealth of Puer-
to Rico, notwithstanding any other provision of part A
may include programs of instruction, teacher training,
curriculum development, evaluation, and testing designed
for Native American children learning and studying Na-
tive American languages and children of limited Spanish
proficiency, except that a primary outcome of programs
serving such children shall be increased English pro-
ficiency among such children.’’.
TITLE VIII—INDIAN, NATIVE HA-
WAIIAN, AND ALASKA NATIVE
EDUCATION
SEC. 801. AMENDMENTS.
Part A of title IX (20 U.S.C. 7801 et seq.) is
amended—
(1) in section 9125(e), by striking ‘‘1995
through 1999’’ and inserting ‘‘2002 through 2006’’;
and
(2) in section 9162—
(A) by striking ‘‘1995’’ each place it ap-
pears and inserting ‘‘2002’’; and
584
(B) 
by 
striking 
‘‘$61,300,000’’,
‘‘$26,000,000’’, and ‘‘$3,775,000’’ and insert-
ing 
‘‘$250,000,000’’, 
$30,000,000’’, 
and
‘‘$8,000,000’’, respectively.
SEC. 802. NATIVE HAWAIIAN EDUCATION.
Sections 
9204(j), 
9205(c), 
9206(e), 
9208(c),
9209(d), and 9210(d) are each amended by striking
‘‘1995’’ and inserting ‘‘2002’’.
SEC. 803. ALASKA NATIVE EDUCATION.
Part C of title IX (20 U.S.C. 7931 et seq.) is
amended—
(1) by repealing sections 9304 through 9306
and inserting the following:
‘‘SEC. 9304. PROGRAM AUTHORIZED.
‘‘(a) GENERAL AUTHORITY.—
‘‘(1) PROGRAM AUTHORIZED.—The Secretary is
authorized to make grants to, or enter into contracts
with, Alaska Native organizations, educational enti-
ties with experience in developing or operating Alas-
ka Native programs or programs of instruction con-
ducted in Alaska Native languages, and consortia of
such organizations and entities to carry out pro-
grams that meet the purpose of this part.
‘‘(2) 
PERMISSIBLE
ACTIVITIES.—Programs
under this part may include—
585
‘‘(A) the development and implementation
of plans, methods, and strategies to improve the
education of Alaska Natives;
‘‘(B) the development of curricula and edu-
cational programs that address the educational
needs of Alaska Native students, including—
‘‘(i) curriculum materials that reflect
the cultural diversity or the contributions
of Alaska Natives;
‘‘(ii) instructional programs that make
use of Native Alaskan languages; and
‘‘(iii) networks that introduce success-
ful programs, materials, and techniques to
urban and rural schools;
‘‘(C) professional development activities for
educators, including—
‘‘(i) programs to prepare teachers to
address the cultural diversity and unique
needs of Alaska Native students;
‘‘(ii) in-service programs to improve
the ability of teachers to meet the unique
needs of Alaska Native students; and
‘‘(iii) recruiting and preparing teach-
ers who are Alaska Natives, reside in com-
munities with high concentrations of Alas-
586
ka Native students, or are likely to succeed
as teachers in isolated, rural communities
and engage in cross-cultural instruction;
‘‘(D) the development and operation of
home instruction programs for Alaska Native
preschool children, the purpose of which is to
ensure the active involvement of parents in
their children’s education from the earliest
ages;
‘‘(E) family Literacy Services;
‘‘(F) the development and operation of stu-
dent enrichment programs in science and math-
ematics that—
‘‘(i) are designed to prepare Alaska
Native students from rural areas, who are
preparing to enter high school, to excel in
science and math; and
‘‘(ii) provide appropriate support serv-
ices to the families of such students that
are needed to enable such students to ben-
efit from the program;
‘‘(G) research and data collection activities
to determine the educational status and needs
of Alaska Native children and adults;
587
‘‘(H) other research and evaluation activi-
ties related to programs under this part; and
‘‘(I) other activities, consistent with the
purposes of this part, to meet the educational
needs of Alaska Native children and adults.
‘‘(3) HOME
INSTRUCTION
PROGRAMS.—Home
instruction programs for Alaska Native preschool
children under paragraph (2)(D) may include—
‘‘(A) programs for parents and their in-
fants, from prenatal through age 3;
‘‘(B) preschool programs; and
‘‘(C) training, education, and support for
parents in such areas as reading readiness, ob-
servation, story-telling, and critical thinking.
‘‘(b) LIMITATION ON ADMINISTRATIVE COSTS.—Not
more than 5 percent of funds provided to a grantee under
this section for any fiscal year may be used for administra-
tive purposes.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated $20,000,000 for fiscal
year 2002, and such sums as may be necessary for each
of the fiscal years 2003 through 2006 to carry out this
part.’’;
(2) in section 9307—
588
(A) by amending subsection (b) to read as
follows:
‘‘(b) APPLICATIONS.—State and local educational
agencies may apply for an award under this part only as
part of a consortium involving an Alaska Native organiza-
tion. This consortium may include other eligible appli-
cants.’’;
(B) by amending subsection (d) to read as
follows:
‘‘(d) LOCAL
EDUCATIONAL
AGENCY
COORDINA-
TION.—Each applicant for an award under this part shall
inform each local educational agency serving students who
would participate in the project about its application.’’;
and
(C) by striking subsection (e); and
(3) by redesignating sections 9307 and 9308 as
sections 9305 and 9306, respectively.
TITLE IX—GENERAL
PROVISIONS
SEC. 901. GENERAL PROVISIONS.
Title XIV is redesignated as title X and is amended
to read as follows:
589
‘‘TITLE X—GENERAL
PROVISIONS
‘‘PART A—DEFINITIONS
‘‘SEC. 10001. DEFINITIONS.
‘‘Except as otherwise provided, for the purposes of
this Act, the following terms have the following meanings:
‘‘(1) AVERAGE DAILY ATTENDANCE.—
‘‘(A) Except as provided otherwise by
State law or this paragraph, the term ‘average
daily attendance’ means—
‘‘(i) the aggregate number of days of
attendance of all students during a school
year; divided by
‘‘(ii) the number of days school is in
session during such school year.
‘‘(B) The Secretary shall permit the con-
version of average daily membership (or other
similar data) to average daily attendance for
local educational agencies in States that provide
State aid to local educational agencies on the
basis of average daily membership or such other
data.
‘‘(C) If the local educational agency in
which a child resides makes a tuition or other
payment for the free public education of the
590
child in a school located in another school dis-
trict, the Secretary shall, for purposes of this
Act—
‘‘(i) consider the child to be in attend-
ance at a school of the agency making such
payment; and
‘‘(ii) not consider the child to be in at-
tendance at a school of the agency receiv-
ing such payment.
‘‘(D) If a local educational agency makes a
tuition payment to a private school or to a pub-
lic school of another local educational agency
for a child with disabilities, as defined in sec-
tion 602(a)(1) of the Individuals with Disabil-
ities Education Act, the Secretary shall, for the
purposes of this Act, consider such child to be
in attendance at a school of the agency making
such payment.
‘‘(2) AVERAGE PER-PUPIL EXPENDITURE.—The
term ‘average per-pupil expenditure’ means, in the
case of a State or of the United States—
‘‘(A) without regard to the source of
funds—
‘‘(i) the aggregate current expendi-
tures, during the third fiscal year pre-
591
ceding the fiscal year for which the deter-
mination is made (or, if satisfactory data
for that year are not available, during the
most recent preceding fiscal year for which
satisfactory data are available) of all local
educational agencies in the State or, in the
case of the United States for all States
(which, for the purpose of this paragraph,
means the 50 States and the District of
Columbia); plus
‘‘(ii) any direct current expenditures
by the State for the operation of such
agencies; divided by
‘‘(B) the aggregate number of children in
average daily attendance to whom such agencies
provided free public education during such pre-
ceding year.
‘‘(3) CHILD.—The term ‘child’ means any per-
son within the age limits for which the State pro-
vides free public education.
‘‘(4) COMMUNITY-BASED ORGANIZATION.—The
term ‘community-based organization’ means a public
or private nonprofit organization of demonstrated ef-
fectiveness that—
592
‘‘(A) is representative of a community or
significant segments of a community; and
‘‘(B) provides educational or related serv-
ices to individuals in the community.
‘‘(5) CONSOLIDATED
LOCAL
APPLICATION.—
The term ‘consolidated local application’ means an
application submitted by a local educational agency
pursuant to section 10404.
‘‘(6) CONSOLIDATED LOCAL PLAN.—The term
‘consolidated local plan’ means a plan submitted by
a local educational agency pursuant to section
10404.
‘‘(7) CONSOLIDATED
STATE
APPLICATION.—
The term ‘consolidated State application’ means an
application submitted by a State educational agency
pursuant to section 10402.
‘‘(8) CONSOLIDATED STATE PLAN.—The term
‘consolidated State plan’ means a plan submitted by
a State educational agency pursuant to section
10402.
‘‘(9) CORE
ACADEMIC
SUBJECTS.—The term
‘core academic subjects’ means—
‘‘(A) mathematics;
‘‘(B) science;
593
‘‘(C) reading (or language arts) and
English;
‘‘(D) social studies (history, civics/govern-
ment, geography, and economics);
‘‘(E) foreign languages; and
‘‘(F) fine arts (music, dance, drama, and
the visual arts).
‘‘(10) COUNTY.—The term ‘county’ means 1 of
the divisions of a State used by the Secretary of
Commerce in compiling and reporting data regard-
ing counties.
‘‘(11) COVERED PROGRAM.—The term ‘covered
program’ means each of the programs authorized
by—
‘‘(A) part A of title I;
‘‘(B) part C of title I;
‘‘(C) title II (other than section 2103 and
part D);
‘‘(D) subpart 2 of part B of title III;
‘‘(E) part A of title IV (other than section
4114);
‘‘(F) title VI; and
‘‘(G) Comprehensive School Reform.
594
‘‘(12) CURRENT
EXPENDITURES.—The term
‘current expenditures’ means expenditures for free
public education—
‘‘(A) including expenditures for adminis-
tration, instruction, attendance and health serv-
ices, pupil transportation services, operation
and maintenance of plant, fixed charges, and
net expenditures to cover deficits for food serv-
ices and student body activities; but
‘‘(B) not including expenditures for com-
munity services, capital outlay, and debt serv-
ice, or any expenditures made from funds re-
ceived under title I and title VI.
‘‘(13) DEPARTMENT.—The term ‘Department’
means the Department of Education.
‘‘(14) EDUCATIONAL
SERVICE
AGENCY.—The
term ‘educational service agency’ means a regional
public multiservice agency authorized by State stat-
ute to develop, manage, and provide services or pro-
grams to local educational agencies.
‘‘(15) ELEMENTARY SCHOOL.—The term ‘ele-
mentary school’ means a nonprofit institutional day
or residential school, including a public elementary
charter school, that provides elementary education,
as determined under State law.
595
‘‘(16) FREE
PUBLIC
EDUCATION.—The term
‘free public education’ means education that is
provided—
‘‘(A) at public expense, under public super-
vision and direction, and without tuition charge;
and
‘‘(B) as elementary or secondary school
education as determined under applicable State
law, except that such term does not include any
education provided beyond grade 12.
‘‘(17) FULLY
QUALIFIED.—The term ‘fully
qualified’—
‘‘(A) when used with respect to an elemen-
tary or secondary school teacher, means that
the teacher has obtained certification or passed
the State licensing exam and holds a license;
and
‘‘(B) when used with respect to—
‘‘(i) an elementary school teacher,
means that the teacher holds a bachelor’s
degree and demonstrates general knowl-
edge, teaching skill, and subject matter
knowledge required to teach at the elemen-
tary school level in the core academic sub-
jects; or
596
‘‘(ii) a middle or secondary school
teacher, means that the teacher holds a
bachelor’s degree and demonstrates a high
level of competency in all subject areas in
which he or she teaches through—
‘‘(I) a high level of performance
on a rigorous academic subject area
test; or
‘‘(II) completion of an academic
major in each of the subject areas in
which he or she provides instruction.
‘‘(18) GIFTED
AND
TALENTED.—The term
‘gifted and talented’, when used with respect to stu-
dents, children or youth, means students, children or
youth who give evidence of high performance capa-
bility in areas such as intellectual, creative, artistic,
or leadership capacity, or in specific academic fields,
and who require services or activities not ordinarily
provided by the school in order to fully develop such
capabilities.
‘‘(19) INSTITUTION OF HIGHER EDUCATION.—
The term ‘institution of higher education’ has the
meaning given that term in section 101 of the High-
er Education Act of 1965.
‘‘(20) LOCAL EDUCATIONAL AGENCY.—
597
‘‘(A) The term ‘local educational agency’
means a public board of education or other pub-
lic authority legally constituted within a State
for either administrative control or direction of,
or to perform a service function for, public ele-
mentary or secondary schools in a city, county,
township, school district, or other political sub-
division of a State, or for such combination of
local educational agencies or counties as are
recognized in a State as an administrative
agency for its public elementary or secondary
schools.
‘‘(B) The term includes any other public
institution or agency having administrative con-
trol and direction of a public elementary or sec-
ondary school.
‘‘(C) The term includes an elementary or
secondary school funded by the Bureau of In-
dian Affairs but only to the extent that such in-
clusion makes such school eligible for programs
for which specific eligibility is not provided to
such school in another provision of law and
such school does not have a student population
that is smaller than the student population of
the local educational agency receiving assistance
598
under this Act with the smallest student popu-
lation, except that such school shall not be sub-
ject to the jurisdiction of any State educational
agency other than the Bureau of Indian Affairs.
‘‘(21) MENTORING.—The term ‘mentoring’
means a program in which an adult works with a
child or youth on a 1-to-1 basis, establishing a sup-
portive relationship, providing academic assistance,
and introducing the child or youth to new experi-
ences that enhance the child or youths ability to
excel in school and become a responsible citizen.
‘‘(22) OTHER STAFF.—The term ‘other staff’
means pupil services personnel, librarians, career
guidance and counseling personnel, education aides,
and other instructional and administrative per-
sonnel.
‘‘(23) OUTLYING
AREA.—The term ‘outlying
area’ means the Virgin Islands, Guam, American
Samoa, the Commonwealth of the Northern Mariana
Islands, and for the purpose of section 1121 and any
other discretionary grant program under this Act,
the Republic of the Marshall Islands, the Federated
States of Micronesia, and the Republic of Palau.
599
‘‘(24) PARENT.—The term ‘parent’ includes a
legal guardian or other person standing in loco
parentis.
‘‘(25) POVERTY LINE.—The term ‘poverty line’
is defined as such term is defined by the Office of
Management and Budget and revised annually in ac-
cordance with section 672(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2)).
‘‘(26) 
PROFESSIONAL
DEVELOPMENT.—The
term ‘professional development’ means sustained and
intensive activities that improve teachers’ content
knowledge and teaching skills and that—
‘‘(A) enhance the ability of teachers to help
all students, including females, minorities, chil-
dren with disabilities, children with limited
English proficiency and economically disadvan-
taged children, reach high State and local con-
tent and student performance standards;
‘‘(B) advance teacher understanding of one
or more of the core academic subject areas and
effective instructional strategies for improving
student achievement in those areas, including
technology;
‘‘(C) are directly related to the subject
area in which the teacher provides instruction;
600
‘‘(D) are of sufficient duration to have a
positive and lasting impact on classroom in-
struction;
‘‘(E) are an integral part of broader school
and district-wide plans for raising student
achievement to State and local standards;
‘‘(F) are aligned with State content and
student performance standards;
‘‘(G) are based on the best available re-
search on teaching and learning;
‘‘(H) include professional development ac-
tivities that involve collaborative groups of
teachers and administrators from the same
school or district and, to the greatest extent
possible, include follow-up and school-based
support such as coaching or study groups; and
‘‘(I) as a whole, are regularly evaluated for
their impact on increased teacher effectiveness
and improved student achievement, with the
findings of such evaluations used to improve the
quality of professional development.
‘‘(27) PUBLIC TELECOMMUNICATION ENTITY.—
The term ‘public telecommunication entity’ has the
same meaning given to such term in section 397(12)
of the Communications Act of 1934.
601
‘‘(28) PUPIL
SERVICES
PERSONNEL; 
PUPIL
SERVICES.—
‘‘(A) The term ‘pupil services personnel’
means school counselors, school social workers,
school psychologists, and other qualified profes-
sional personnel involved in providing assess-
ment, diagnosis, counseling, educational, thera-
peutic, and other necessary services (including
related services as such term is defined in sec-
tion 602(a)(17) of the Individuals with Disabil-
ities Education Act) as part of a comprehensive
program to meet student needs.
‘‘(B) The term ‘pupil services’ means the
services provided by pupil services personnel.
‘‘(29) SCIENTIFICALLY
BASED
RESEARCH.—
The term ‘scientifically based research’—
‘‘(A) means the application of rigorous,
systematic, and objective procedures in the de-
velopment of comprehensive school reform mod-
els; and
‘‘(B) shall include research that—
‘‘(i) employs systematic, empirical
methods that draw on observation or ex-
periment;
602
‘‘(ii) involves rigorous data analyses
that are adequate to test the stated
hypotheses and justify the general conclu-
sions drawn;
‘‘(iii) relies on measurements or obser-
vational methods that provide valid data
across evaluators and observers and across
multiple measurements and observations;
and
‘‘(iv) has been accepted by a peer-re-
viewed journal or approved by a panel of
independent experts through a comparably
rigorous, objective, and scientific review.
‘‘(30) SECONDARY
SCHOOL.—The term ‘sec-
ondary school’ means a nonprofit institutional day or
residential school, including a public secondary char-
ter school, that provides secondary education, as de-
termined under State law, except that such term
does not include any education beyond grade 12.
‘‘(31) 
SECRETARY.—The 
term 
‘Secretary’
means the Secretary of Education.
‘‘(32) STATE.—The term ‘State’ means each of
the 50 States, the District of Columbia, the Com-
monwealth of Puerto Rico, and each of the outlying
areas.
603
‘‘(33) STATE
EDUCATIONAL
AGENCY.—The
term ‘State educational agency’ means the agency
primarily responsible for the State supervision of
public elementary and secondary schools.
‘‘(34) TECHNOLOGY.—The term ‘technology’
means the latest state-of-the-art technology products
and services, such as closed circuit television sys-
tems, educational television or radio programs and
services, cable television, satellite, copper fiber optic
transmission, computer hardware and software,
video and audio laser and CDROM disks, video and
audio tapes, including interactive forms of such
products and services, or other technologies.
‘‘SEC. 10002. APPLICABILITY OF THIS TITLE.
‘‘Parts B, C, D, E, and F of this title do not apply
to title VIII of this Act.
‘‘SEC. 10003. APPLICABILITY TO BUREAU OF INDIAN AF-
FAIRS OPERATED SCHOOLS.
‘‘For purposes of any competitive program under this
Act, a consortia of schools operated by the Bureau of In-
dian Affairs, a school operated under a contract or grant
with the Bureau of Indian Affairs in consortia with an-
other contract or grant school or tribal or community or-
ganization, or a Bureau of Indian Affairs school in con-
sortia with an institution of higher education, a contract
604
or grant school and tribal or community organization shall
be given the same consideration as a local educational
agency.
‘‘PART B—FLEXIBILITY IN THE USE OF
ADMINISTRATIVE AND OTHER FUNDS
‘‘SEC. 10101. CONSOLIDATION OF STATE ADMINISTRATIVE
FUNDS FOR ELEMENTARY AND SECONDARY
EDUCATION PROGRAMS.
‘‘(a) CONSOLIDATION OF ADMINISTRATIVE FUNDS.—
‘‘(1) IN GENERAL.—A State educational agency
may consolidate the amounts specifically made avail-
able to such agency for State administration under
one or more of the programs specified under para-
graph (2) if such State educational agency can dem-
onstrate that the majority of such agency’s resources
come from non-Federal sources.
‘‘(2) APPLICABILITY.—This section applies to—
‘‘(A) programs under title I and those pro-
grams described in subparagraphs (C), (D),
(E), (F), and (G) of section 10101(10);
‘‘(B) the Carl D. Perkins Vocational and
Technical Education Act of 1998; and
‘‘(C) such other programs as the Secretary
may designate.
‘‘(b) USE OF FUNDS.—
605
‘‘(1) IN GENERAL.—A State educational agency
shall use the amount available under this section for
the administration of the programs included in the
consolidation under subsection (a).
‘‘(2) ADDITIONAL USES.—A State educational
agency may also use the funds available under this
section for administrative activities designed to en-
hance the effective and coordinated use of funds
under the programs included in the consolidation
under subsection (a), such as—
‘‘(A) State-level activities designed to carry
out this title, including part B;
‘‘(B) the coordination of those programs
with other Federal and non-Federal programs;
‘‘(C) the establishment and operation of
peer-review mechanisms under this Act;
‘‘(D) collaborative activities with other
State educational agencies to improve adminis-
tration under this Act;
‘‘(E) the dissemination of information re-
garding model programs and practices;
‘‘(F) technical assistance under the pro-
grams specified in subsection (a)(2);
‘‘(G) training personnel engaged in audit
and other monitoring activities; and
606
‘‘(H) implementation of the Cooperative
Audit Resolution and Oversight Initiative.
‘‘(c) RECORDS.—A State educational agency that
consolidates administrative funds under this section shall
not be required to keep separate records, by individual
program, to account for costs relating to the administra-
tion of programs included in the consolidation under sub-
section (a).
‘‘(d) REVIEW.—To determine the effectiveness of
State administration under this section, the Secretary may
periodically review the performance of State educational
agencies in using consolidated administrative funds under
this section and take such steps as the Secretary finds
appropriate to ensure the effectiveness of such administra-
tion.
‘‘(e) UNUSED ADMINISTRATIVE FUNDS.—If a State
educational agency does not use all of the funds available
to such agency under this section for administration, such
agency may use such funds during the applicable period
of availability as funds available under one or more pro-
grams included in the consolidation under subsection (a).
‘‘SEC. 
10102. 
SINGLE 
LOCAL 
EDUCATIONAL 
AGENCY
STATES.
‘‘A State educational agency that also serves as a
local educational agency, in such agency’s applications or
607
plans under this Act, shall describe how such agency will
eliminate duplication in the conduct of administrative
functions.
‘‘SEC. 10103. CONSOLIDATION OF FUNDS FOR LOCAL AD-
MINISTRATION.
‘‘(a) GENERAL AUTHORITY.—In accordance with
regulations of the Secretary, a local educational agency,
with the approval of its State educational agency, may
consolidate and use for the administration of one or more
covered programs for any fiscal year not more than the
percentage, established in each covered program, of the
total amount available to the local educational agency
under such covered programs.
‘‘(b) STATE PROCEDURES.—Each State educational
agency shall, in collaboration with local educational agen-
cies in the State, implement procedures for responding to
requests from local educational agencies to consolidate ad-
ministrative funds under subsection (a) and for estab-
lishing limitations on the amount of funds under covered
programs that may be used for administration on a con-
solidated basis.
‘‘(c) CONDITIONS.—A local educational agency that
consolidates administrative funds under this section for
any fiscal year shall not use any other funds under the
608
programs included in the consolidation for administration
for that fiscal year.
‘‘(d) USES
OF ADMINISTRATIVE FUNDS.—A local
educational agency that consolidates administrative funds
under this section may use such consolidated funds for
the administration of covered programs and for the uses
described in section 10201(b)(2).
‘‘(e) RECORDS.—A local educational agency that con-
solidates administrative funds under this section shall not
be required to keep separate records, by individual covered
program, to account for costs relating to the administra-
tion of covered programs included in the consolidation.
‘‘SEC. 10104. CONSOLIDATED SET-ASIDE FOR DEPARTMENT
OF THE INTERIOR FUNDS.
‘‘(a) GENERAL AUTHORITY.—
‘‘(1) TRANSFER.—The Secretary shall transfer
to the Department of the Interior, as a consolidated
amount for covered programs, the Indian education
programs under part A of title IX of this Act, and
the education for homeless children and youth pro-
gram under subtitle B of title VII of the Stewart B.
McKinney Homeless Assistance Act, the amounts al-
lotted to the Department of the Interior under those
programs.
‘‘(2) AGREEMENT.—
609
‘‘(A) The Secretary and the Secretary of
the Interior shall enter into an agreement, con-
sistent with the requirements of the programs
specified in paragraph (1), for the distribution
and use of those program funds under terms
that the Secretary determines best meet the
purposes of those programs.
‘‘(B) The agreement shall—
‘‘(i) set forth the plans of the Sec-
retary of the Interior for the use of the
amount transferred and performance meas-
ures to assess program effectiveness, in-
cluding measurable goals and objectives;
and
‘‘(ii) be developed in consultation with
Indian tribes.
‘‘(b) ADMINISTRATION.—The Department of the In-
terior may use not more than 1.5 percent of the funds
consolidated under this section for such departments costs
related to the administration of the funds transferred
under this section.
‘‘SEC. 10105. MOST EFFECTIVE USE OF UNNEEDED PRO-
GRAM FUNDS.
‘‘With the approval of its State educational agency,
a local educational agency that determines for any fiscal
610
year that funds under a covered program (other than title
I) would be more effective in helping all its students
achieve the State’s challenging standards if used under
another covered program, may use those funds, not to ex-
ceed 5 percent of the local educational agency’s total allot-
ment for that fiscal year, to carry out programs and activi-
ties under that other covered program.
‘‘PART C—COORDINATION OF PROGRAMS; CON-
SOLIDATED STATE AND LOCAL PLANS AND
APPLICATIONS
‘‘SEC. 10201. PURPOSE.
It is the purpose of this part to improve teaching and
learning by encouraging greater cross-program coordina-
tion, planning, and service delivery under this Act and en-
hanced integration of programs under this Act with edu-
cational activities carried out with State and local funds.
‘‘SEC. 10202. OPTIONAL CONSOLIDATED STATE PLANS AND
APPLICATIONS.
‘‘(a) IN GENERAL.—
‘‘(1) PURPOSE AND AUTHORITY.—In order to
promote continuing, standards-based education re-
form, encourage the integration and coordination of
resources, and simplify application requirements and
reduce burden for State educational agencies under
this Act, the Secretary, in accordance with sub-
611
section (b), shall establish procedures and criteria
under which a State educational agency may submit
a consolidated State plan meeting the requirements
of this section for any or all of—
‘‘(A) the covered programs in which the
State participates; and
‘‘(B) the additional programs described in
paragraph (2).
‘‘(2) ADDITIONAL
PROGRAMS.—A State edu-
cational agency may also include in its consolidated
State plan—
‘‘(A) the Even Start program under part B
of title I;
‘‘(B) the State Agency Programs for Chil-
dren and Youth Who Are Neglected or Delin-
quent under part D of title I;
‘‘(C) programs under part A of title II of
the Carl D. Perkins Vocational and Technical
Education Act of 1998; and
‘‘(D) such other programs as the Secretary
may designate.
‘‘(3) STATE DEVELOPMENT AND SUBMISSION.—
‘‘(A) A State educational agency desiring
to receive a grant under 2 or more of the pro-
grams to which this section applies may submit
612
a consolidated State plan for those programs
that satisfies the procedures and criteria estab-
lished under this section.
‘‘(B) A State educational agency that sub-
mits a consolidated State plan shall not be re-
quired to submit separate State plans or appli-
cations for the programs included in the con-
solidated State plan.
‘‘(C) A State educational agency that sub-
mits a consolidated State plan shall comply
with all the requirements applicable to the pro-
grams in the consolidated State plan as if it
had submitted separate State plans.
‘‘(4) CONSOLIDATED STATE PLANS.—A State
educational agency that desires to receive funds
under a program to which this section applies for
fiscal year 2002 and the succeeding 4 fiscal years
shall submit to the Secretary a new consolidated
plan that meets the requirements of this section
within the time specified by the Secretary.
‘‘(b) PLAN CONTENTS.—
‘‘(1) COLLABORATIVE PROCESS.—
‘‘(A) In establishing criteria and proce-
dures under this section, the Secretary shall
collaborate with State educational agencies and,
613
as appropriate, with other State agencies, local
educational agencies, public and private non-
profit agencies, organizations, and institutions,
private schools, and representatives of parents,
students, and teachers.
‘‘(B)(i) Through the collaborative process
described in subparagraph (A), the Secretary
shall establish, for each program under the Act
to which this section applies, the descriptions
and information that must be included in a con-
solidated State plan.
‘‘(ii) In carrying out clause (i), the Sec-
retary shall ensure that a consolidated State
plan contains, for each program included in the
plan, the descriptions and information needed
to ensure proper and effective administration of
that program in accordance with its purposes.
‘‘(2) INTEGRATION AND COORDINATION OF RE-
SOURCES.—In its consolidated plan under this sec-
tion, a State educational agency shall describe
how—
‘‘(A) funds under the programs included in
the plan will be integrated as appropriate to
best serve the students and teachers intended to
benefit from those programs; and
614
‘‘(B) those programs will be coordinated at
the State, school district, and school levels with
other covered programs not included in the
plan.
‘‘(c) PEER REVIEW AND SECRETARIAL APPROVAL.—
‘‘(1) The Secretary shall—
‘‘(A) establish a peer-review process to as-
sist in the review, and provide recommendations
for the revision, of consolidated State plans
under this section; and
‘‘(B) appoint individuals to the peer-review
process who—
‘‘(i) are knowledgeable about the pro-
grams, and the populations they serve, in-
cluded in the plans;
‘‘(ii) to the extent practicable are rep-
resentative of State educational agencies,
local educational agencies, teachers, and
parents of students served under those
programs; and
‘‘(iii) have expertise on educational
standards, assessments, and accountability.
‘‘(2)(A) Following such peer review, the Sec-
retary shall approve a consolidated State plan if the
615
Secretary determines that the plan meets the re-
quirements of this section.
‘‘(B) The Secretary may accompany such ap-
proval with one or more conditions that the State
educational agency shall meet.
‘‘(3) If the Secretary determines that the plan
does not meet the requirements of this section, the
Secretary shall notify the State of that determina-
tion and the reasons for it.
‘‘(4) The Secretary shall not finally disapprove
a consolidated State plan before—
‘‘(A) offering the State an opportunity to
revise its plan;
‘‘(B) providing technical assistance to as-
sist the State to meet the requirements; and
‘‘(C) providing a hearing.
‘‘(d) REVISION
AND AMENDMENT.—A State edu-
cational agency shall periodically review its consolidated
State plan to ensure that it accurately reflects its strate-
gies and activities under the programs covered by the plan.
If the State educational agency makes significant changes
to its strategies and activities, it shall submit an amend-
ment to its plan to the Secretary for approval in accord-
ance with this section.
616
‘‘SEC. 10203. GENERAL APPLICABILITY OF STATE EDU-
CATIONAL AGENCY ASSURANCES.
‘‘(a) ASSURANCES.—A State educational agency that
submits a consolidated State plan or consolidated State
application under this Act, whether separately or under
section 10302, shall have on file with the Secretary a sin-
gle set of assurances, applicable to each program for which
such plan or application is submitted, that provides that—
‘‘(1) each such program will be administered in
accordance with all applicable statutes, regulations,
program plans, and applications;
‘‘(2)(A) the control of funds provided under
each such program and title to property acquired
with program funds will be in a public agency, in a
nonprofit private agency, institution, or organiza-
tion, or in an Indian tribe if the law authorizing the
program provides for assistance to such entities; and
‘‘(B) the public agency, nonprofit private agen-
cy, institution, or organization, or Indian tribe will
administer such funds and property to the extent re-
quired by the authorizing law;
‘‘(3) the State will adopt and use proper meth-
ods of administering each such program, including—
‘‘(A) the enforcement of any obligations
imposed by law on agencies, institutions, orga-
617
nizations, and other recipients responsible for
carrying out each program;
‘‘(B) the correction of deficiencies in pro-
gram operations that are identified through au-
dits, monitoring, or evaluation; and
‘‘(C) the adoption of written procedures for
the receipt and resolution of complaints alleging
violations of law in the administration of such
programs;
‘‘(4) the State will monitor performance by
local educational agencies to ensure compliance with
the requirements of this Act and—
‘‘(A) maintain proper documentation of
monitoring activities;
‘‘(B) provide technical assistance when ap-
propriate and undertake enforcement activities
when needed; and
‘‘(C) systematically analyze the results of
audits and other monitoring activities to iden-
tify trends in funding and to develop strategies
to correct problems;
‘‘(5) the data used by the State to measure its
performance (and that of its local educational agen-
cies) under this Act are complete, reliable, accurate,
or if not, that the State will take such steps as are
618
necessary to make those data complete, reliable, and
accurate.
‘‘(6) the State will cooperate in carrying out
any evaluation of each such program conducted by
or for the Secretary or other Federal officials;
‘‘(7) the State will use such fiscal control and
fund accounting procedures as will ensure proper
disbursement of, and accounting for, Federal funds
paid to the State under each such program;
‘‘(8) the State will—
‘‘(A) make reports to the Secretary as may
be necessary to enable the Secretary to perform
the Secretary’s duties under each such pro-
gram; and
‘‘(B) maintain such records, provide such
information to the Secretary, and afford access
to the records as the Secretary may find nec-
essary to carry out the Secretary’s duties; and
‘‘(9) before the plan or application was sub-
mitted to the Secretary, the State has afforded a
reasonable opportunity for public comment on the
plan or application and has considered such com-
ment.
619
‘‘(b) GEPA PROVISION.—Section 441 of the General
Education Provisions Act shall not apply to programs
under this Act.
‘‘SEC. 10204. CONSOLIDATED LOCAL PLANS OR APPLICA-
TIONS.
‘‘(a) GENERAL AUTHORITY.—A local educational
agency receiving funds under more than 1 covered pro-
gram may submit plans or applications to the State edu-
cational agency under such programs on a consolidated
basis.
‘‘(b) REQUIRED CONSOLIDATED PLANS OR APPLICA-
TIONS.—A State educational agency that has submitted
and had approved a consolidated State plan or application
under section 10302 may require local educational agen-
cies in the State receiving funds under more than 1 pro-
gram included in the consolidated State plan or consoli-
dated State application to submit consolidated local plans
or applications under such programs.
‘‘(c) COLLABORATION.—A State educational agency
shall collaborate with local educational agencies in the
State in establishing procedures for the submission of the
consolidated State plans or consolidated State applications
under this section.
‘‘(d) NECESSARY
MATERIALS.—The State edu-
cational agency shall require only descriptions, informa-
620
tion, assurances, and other material that are absolutely
necessary for the consideration of the local educational
agency plan or application.
‘‘SEC. 10205. OTHER GENERAL ASSURANCES.
‘‘(a) ASSURANCES.—Any applicant other than a
State educational agency that submits a plan or applica-
tion under this Act shall have on file with the State edu-
cational agency a single set of assurances, applicable to
each program for which a plan or application is submitted,
that provides that—
‘‘(1) each such program will be administered in
accordance with all applicable statutes, regulations,
program plans, and applications;
‘‘(2)(A) the control of funds provided under
each such program and title to property acquired
with program funds will be in a public agency or in
a nonprofit private agency, institution, organization,
or Indian tribe, if the law authorizing the program
provides for assistance to such entities; and
‘‘(B) the public agency, nonprofit private agen-
cy, institution, or organization, or Indian tribe will
administer such funds and property to the extent re-
quired by the authorizing statutes;
621
‘‘(3) the applicant will adopt and use proper
methods of administering each such program,
including—
‘‘(A) the enforcement of any obligations
imposed by law on agencies, institutions, orga-
nizations, and other recipients responsible for
carrying out each program; and
‘‘(B) the correction of deficiencies in pro-
gram operations that are identified through au-
dits, monitoring, or evaluation;
‘‘(4) the applicant will cooperate in carrying out
any evaluation of each such program conducted by
or for the State educational agency, the Secretary or
other Federal officials;
‘‘(5) the applicant will use such fiscal control
and fund accounting procedures as will ensure prop-
er disbursement of, and accounting for, Federal
funds paid to such applicant under each such pro-
gram;
‘‘(6) the applicant will—
‘‘(A) make reports to the State educational
agency and the Secretary as may be necessary
to enable such agency and the Secretary to per-
form their duties under each such program; and
622
‘‘(B) maintain such records, provide such
information, and afford access to the records as
the State educational agency or the Secretary
may find necessary to carry out the State edu-
cational agency’s or the Secretary’s duties; and
‘‘(7) before the application was submitted, the
applicant afforded a reasonable opportunity for pub-
lic comment on the application and has considered
such comment.
‘‘(b) GEPA PROVISION.—Section 442 of the General
Education Provisions Act does not apply to programs
under this Act.
‘‘PART D—WAIVERS
‘‘SEC. 10301. WAIVERS OF STATUTORY AND REGULATORY
REQUIREMENTS.
‘‘(a) IN GENERAL.—Except as provided in subsection
(c), the Secretary may waive any statutory or regulatory
requirement of this Act for a State educational agency,
local educational agency, Indian tribe, or school through
a local educational agency, that—
‘‘(1) receives funds under a program authorized
by this Act; and
‘‘(2) requests a waiver under subsection (b).
‘‘(b) REQUEST FOR WAIVER.—
623
‘‘(1) IN GENERAL.—A State educational agen-
cy, local educational agency, or Indian tribe which
desires a waiver shall submit a waiver request to the
Secretary that—
‘‘(A) identifies the Federal programs af-
fected by such requested waiver;
‘‘(B) describes which Federal requirements
are to be waived and how the waiving of such
requirements will—
‘‘(i) increase the quality of instruction
for students; or
‘‘(ii) improve the academic perform-
ance of students;
‘‘(C) if applicable, describes which similar
State and local requirements will be waived and
how the waiving of such requirements will assist
the local educational agencies, Indian tribes or
schools, as appropriate, to achieve the objectives
described in clauses (i) and (ii) of subparagraph
(B);
‘‘(D) describes specific, measurable edu-
cational improvement goals and expected out-
comes for all affected students;
624
‘‘(E) describes the methods to be used to
measure progress in meeting such goals and
outcomes; and
‘‘(F) describes how schools will continue to
provide assistance to the same populations
served by programs for which waivers are re-
quested.
‘‘(2) 
ADDITIONAL
INFORMATION.—Such
requests—
‘‘(A) may provide for waivers of require-
ments applicable to State educational agencies,
local educational agencies, Indian tribes, and
schools; and
‘‘(B) shall be developed and submitted—
‘‘(i)(I) by local educational agencies
(on behalf of such agencies and schools) to
State educational agencies; and
‘‘(II) by State educational agencies
(on behalf of, and based upon the requests
of, local educational agencies) to the Sec-
retary; or
‘‘(ii) by Indian tribes (on behalf of
schools operated by such tribes) to the Sec-
retary.
‘‘(3) GENERAL REQUIREMENTS.—
625
‘‘(A) In the case of a waiver request sub-
mitted by a State educational agency acting in
its own behalf, the State educational agency
shall—
‘‘(i) provide all interested local edu-
cational agencies in the State with notice
and a reasonable opportunity to comment
on the request;
‘‘(ii) submit the comments to the Sec-
retary; and
‘‘(iii) provide notice and information
to the public regarding the waiver request
in the manner that the applying agency
customarily provides similar notices and
information to the public.
‘‘(B) In the case of a waiver request sub-
mitted by a local educational agency that re-
ceives funds under this Act—
‘‘(i) such request shall be reviewed by
the State educational agency and be ac-
companied by the comments, if any, of
such State educational agency; and
‘‘(ii) notice and information regarding
the waiver request shall be provided to the
public by the agency requesting the waiver
626
in the manner that such agency custom-
arily provides similar notices and informa-
tion to the public.
‘‘(c) RESTRICTIONS.—The Secretary shall not waive
under this section any statutory or regulatory require-
ments relating to—
‘‘(1) the allocation or distribution of funds to
States, local educational agencies, or other recipients
of funds under this Act;
‘‘(2) maintenance of effort;
‘‘(3) comparability of services;
‘‘(4) use of Federal funds to supplement, not
supplant, non-Federal funds;
‘‘(5) equitable participation of private school
students and teachers;
‘‘(6) parental participation and involvement;
‘‘(7) applicable civil rights requirements;
‘‘(8) the requirement for a charter school under
part C of title X; or
‘‘(9) the prohibitions regarding—
‘‘(A) State aid in section 10502; or
‘‘(B) use of funds for religious worship or
instruction in section 10507.
‘‘(d) DURATION AND EXTENSION OF WAIVER.—
627
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the duration of a waiver approved by the
Secretary under this section may be for a period not
to exceed 3 years.
‘‘(2) EXTENSION.—The Secretary may extend
the period described in paragraph (1) if the Sec-
retary determines that—
‘‘(A) the waiver has been effective in ena-
bling the State or affected recipients to carry
out the activities for which the waiver was re-
quested and the waiver has contributed to im-
proved student performance; and
‘‘(B) such extension is in the public inter-
est.
‘‘(e) REPORTS.—
‘‘(1) LOCAL WAIVER.—A local educational agen-
cy that receives a waiver under this section shall at
the end of the second year for which a waiver is re-
ceived under this section, and each subsequent year,
submit a report to the State educational agency
that—
‘‘(A) describes the uses of such waiver by
such agency or by schools;
‘‘(B) describes how schools continued to
provide assistance to the same populations
628
served by the programs for which waivers are
requested; and
‘‘(C) evaluates the progress of such agency
and of schools in improving the quality of in-
struction or the academic performance of stu-
dents.
‘‘(2) STATE
WAIVER.—A State educational
agency that receives reports required under para-
graph (1) shall annually submit a report to the Sec-
retary that is based on such reports and contains
such information as the Secretary may require.
‘‘(3) INDIAN TRIBE WAIVER.—An Indian tribe
that receives a waiver under this section shall annu-
ally submit a report to the Secretary that—
‘‘(A) describes the uses of such waiver by
schools operated by such tribe; and
‘‘(B) evaluates the progress of such schools
in improving the quality of instruction or the
academic performance of students.
‘‘(4) REPORT TO CONGRESS.—Beginning in fis-
cal year 1997 and each subsequent year, the Sec-
retary shall submit to the Committee on Education
and the Workforce of the House of Representatives
and the Committee on Health, Education, Labor
and Pensions of the Senate an annual report—
629
‘‘(A) summarizing the uses of waivers by
State educational agencies, local educational
agencies, Indian tribes, and schools; and
‘‘(B) describing whether such waivers—
‘‘(i) increased the quality of instruc-
tion to students; or
‘‘(ii) improved the academic perform-
ance of students.
‘‘(f) TERMINATION
OF WAIVERS.—The Secretary
shall terminate a waiver under this section if the Secretary
determines that the performance of the State or other re-
cipient affected by the waiver has been inadequate to jus-
tify a continuation of the waiver or if the waiver is no
longer necessary to achieve its original purposes.
‘‘(g) PUBLICATION.—A notice of the Secretary’s deci-
sion to grant each waiver under subsection (a) shall be
published in the Federal Register and the Secretary shall
provide for the dissemination of such notice to State edu-
cational agencies, interested parties, including educators,
parents, students, advocacy and civil rights organizations,
and the public.
‘‘PART E—UNIFORM PROVISIONS
‘‘SEC. 10401. MAINTENANCE OF EFFORT.
‘‘(a) IN GENERAL.—A local educational agency may
receive funds under a covered program for any fiscal year
630
only if the State educational agency finds that either the
combined fiscal effort per student or the aggregate ex-
penditures of such agency and the State with respect to
the provision of free public education by such agency for
the preceding fiscal year was not less than 90 percent of
such combined fiscal effort or aggregate expenditures for
the second preceding fiscal year.
‘‘(b) REDUCTION IN CASE OF FAILURE TO MEET.—
‘‘(1) IN
GENERAL.—The State educational
agency shall reduce the amount of the allocation of
funds under a covered program in any fiscal year in
the exact proportion to which a local educational
agency fails to meet the requirement of subsection
(a) by falling below 90 percent of both the combined
fiscal effort per student and aggregate expenditures
(using the measure most favorable to such local
agency).
‘‘(2) SPECIAL RULE.—No such lesser amount
shall be used for computing the effort required
under subsection (a) for subsequent years.
‘‘(c) WAIVER.—The Secretary may waive the require-
ments of this section if the Secretary determines that such
a waiver would be equitable due to—
‘‘(1) exceptional or uncontrollable circumstances
such as a natural disaster; or
631
‘‘(2) a precipitous decline in the financial re-
sources of the local educational agency.
‘‘SEC. 10402. PROHIBITION REGARDING STATE AID.
‘‘A State shall not take into consideration payments
under this Act (other than under title VIII) in determining
the eligibility of any local educational agency in such State
for State aid, or the amount of State aid, with respect
to free public education of children.
‘‘SEC. 10403. PARTICIPATION BY PRIVATE SCHOOL CHIL-
DREN AND TEACHERS.
‘‘(a) PRIVATE SCHOOL PARTICIPATION.—
‘‘(1) IN GENERAL.—Except as otherwise pro-
vided in this Act, to the extent consistent with the
number of eligible children in a State educational
agency, local educational agency, or educational
service agency or consortium of such agencies receiv-
ing financial assistance under a program specified in
subsection (b), who are enrolled in private elemen-
tary and secondary schools in such agency or consor-
tium, such agency or consortium shall, after timely
and meaningful consultation with appropriate pri-
vate school officials, provide such children and their
teachers or other educational personnel, on an equi-
table basis, special educational services or other ben-
efits under such program.
632
‘‘(2) SECULAR, NEUTRAL, AND
NONIDEOLOG-
ICAL SERVICES OR BENEFITS.—Educational services
or other benefits, including materials and equipment,
provided under this section, shall be secular, neutral,
and nonideological.
‘‘(3) SPECIAL RULE.—Educational services and
other benefits provided under this section for such
private school children, teachers, and other edu-
cational personnel shall be equitable in comparison
to services and other benefits for public school chil-
dren, teachers, and other educational personnel par-
ticipating in such program.
‘‘(4) EXPENDITURES.—Expenditures for edu-
cational services and other benefits provided under
this section to eligible private school children, their
teachers, and other educational personnel serving
such children shall be equal, taking into account the
number and educational needs of the children to be
served, to the expenditures for participating public
school children.
‘‘(5) PROVISION OF SERVICES.—Such agency or
consortium described in subsection (a)(1) may pro-
vide such services directly or through contracts with
public and private agencies, organizations, and insti-
tutions.
633
‘‘(b) APPLICABILITY.—
‘‘(1) IN GENERAL.—This section applies to pro-
grams under—
‘‘(A) part C of title I (migrant education);
‘‘(B) title II;
‘‘(C) title VII;
‘‘(D) title III; and
‘‘(E) part A of title IV (other than section
4114).
‘‘(2) DEFINITION.—For the purposes of this
section, the term eligible children means children eli-
gible for services under a program described in para-
graph (1).
‘‘(c) CONSULTATION.—
‘‘(1) IN
GENERAL.—To ensure timely and
meaningful consultation, a State educational agency,
local educational agency, educational service agency
or consortium of such agencies shall consult with ap-
propriate private school officials during the design
and development of the programs under this Act, on
issues such as—
‘‘(A) how the childrens’ needs will be iden-
tified;
‘‘(B) what services will be offered;
634
‘‘(C) how and where the services will be
provided; and
‘‘(D) how the services will be assessed.
‘‘(2) TIMING.—Such consultation shall occur
before the agency or consortium makes any decision
that affects the opportunities of eligible private
school children, teachers, and other educational per-
sonnel to participate in programs under this Act.
‘‘(3) DISCUSSION
REQUIRED.—Such consulta-
tion shall include a discussion of service delivery
mechanisms that the agency or consortium could use
to provide equitable services to eligible private school
children, teachers, administrators, and other staff.
‘‘(d) PUBLIC CONTROL OF FUNDS.—
‘‘(1) IN GENERAL.—The control of funds used
to provide services under this section, and title to
materials, equipment, and property purchased with
such funds, shall be in a public agency for the uses
and purposes provided in this Act, and a public
agency shall administer such funds and property.
‘‘(2) PROVISION OF SERVICES.—
‘‘(A) The provision of services under this
section shall be provided—
‘‘(i) by employees of a public agency;
or
635
‘‘(ii) through contract by such public
agency with an individual, association,
agency, or organization.
‘‘(B) In the provision of such services, such
employee, person, association, agency, or orga-
nization shall be independent of such private
school and of any religious organization, and
such employment or contract shall be under the
control and supervision of such public agency.
‘‘(C) Funds used to provide services under
this section shall not be commingled with non-
Federal funds.
‘‘SEC. 10404. STANDARDS FOR BY-PASS.
‘‘If, by reason of any provision of law, a State edu-
cational agency, local educational agency, educational
service agency or consortium of such agencies is prohibited
from providing for the participation in programs of chil-
dren enrolled in, or teachers or other educational per-
sonnel from, private elementary and secondary schools, on
an equitable basis, or if the Secretary determines that
such agency or consortium has substantially failed or is
unwilling to provide for such participation, as required by
section 10503, the Secretary shall—
‘‘(1) waive the requirements of that section for
such agency or consortium; and
636
‘‘(2) arrange for the provision of equitable serv-
ices to such children, teachers, or other educational
personnel through arrangements that shall be sub-
ject to the requirements of this section and of sec-
tions 10503, 10505, and 10506.
‘‘SEC. 10405. COMPLAINT PROCESS FOR PARTICIPATION OF
PRIVATE SCHOOL CHILDREN.
‘‘(a) PROCEDURES
FOR COMPLAINTS.—The Sec-
retary shall develop and implement written procedures for
receiving, investigating, and resolving complaints from
parents, teachers, or other individuals and organizations
concerning violations of section 10503 by a State edu-
cational agency, local educational agency, educational
service agency, or consortium of such agencies. Such indi-
vidual or organization shall submit such complaint to the
State educational agency for a written resolution by the
State educational agency within a reasonable period of
time.
‘‘(b) APPEALS TO THE SECRETARY.—Such resolution
may be appealed by an interested party to the Secretary
not later than 30 days after the State educational agency
resolves the complaint or fails to resolve the complaint
within a reasonable period of time. Such appeal shall be
accompanied by a copy of the State educational agency’s
resolution, and a complete statement of the reasons sup-
637
porting the appeal. The Secretary shall investigate and re-
solve each such appeal not later than 120 days after re-
ceipt of the appeal.
‘‘SEC. 10406. BY-PASS DETERMINATION PROCESS.
‘‘(a) REVIEW.—
‘‘(1) IN GENERAL.—
‘‘(A) The Secretary shall not take any final
action under section 10504 until the State edu-
cational agency, local educational agency, edu-
cational service agency, or consortium of such
agencies affected by such action has had an op-
portunity, for not less than 45 days after re-
ceiving written notice thereof, to submit written
objections and to appear before the Secretary to
show cause why that action should not be
taken.
‘‘(B) Pending final resolution of any inves-
tigation or complaint that could result in a de-
termination under this section, the Secretary
may withhold from the allocation of the affected
State or local educational agency the amount
estimated by the Secretary to be necessary to
pay the cost of those services.
‘‘(2) PETITION FOR REVIEW.—
638
‘‘(A) If such affected agency or consortium
is dissatisfied with the Secretary’s final action
after a proceeding under paragraph (1), such
agency or consortium may, not later than 60
days after notice of such action, file with the
United States court of appeals for the circuit in
which such State is located a petition for review
of that action.
‘‘(B) A copy of the petition shall be forth-
with transmitted by the clerk of the court to the
Secretary.
‘‘(C) The Secretary upon receipt of the
copy of the petition shall file in the court the
record of the proceedings on which the Sec-
retary based this action, as provided in section
2112 of title 28, United States Code.
‘‘(3) FINDINGS OF FACT.—
‘‘(A) The findings of fact by the Secretary,
if supported by substantial evidence, shall be
conclusive, but the court, for good cause shown,
may remand the case to the Secretary to take
further evidence and the Secretary may then
make new or modified findings of fact and may
modify the Secretary’s previous action, and
639
shall file in the court the record of the further
proceedings.
‘‘(B) Such new or modified findings of fact
shall likewise be conclusive if supported by sub-
stantial evidence.
‘‘(4) JURISDICTION.—
‘‘(A) Upon the filing of such petition, the
court shall have jurisdiction to affirm the action
of the Secretary or to set such action aside, in
whole or in part.
‘‘(B) The judgment of the court shall be
subject to review by the Supreme Court of the
United States upon certiorari or certification as
provided in section 1254 of title 28, United
States Code.
‘‘(b) DETERMINATION.—Any determination by the
Secretary under this section shall continue in effect until
the Secretary determines, in consultation with such agency
or consortium and representatives of the affected private
school children, teachers, or other educational personnel
that there will no longer be any failure or inability on the
part of such agency or consortium to meet the applicable
requirements of section 10503 or any other provision of
this Act.
640
‘‘(c) PAYMENT FROM STATE ALLOTMENT.—When
the Secretary arranges for services pursuant to this sec-
tion, the Secretary shall, after consultation with the ap-
propriate public and private school officials, pay the cost
of such services, including the administrative costs of ar-
ranging for those services, from the appropriate allocation
or allocations under this Act.
‘‘(d) PRIOR DETERMINATION.—Any by-pass deter-
mination by the Secretary under this Act as in effect on
the day preceding the date of the enactment of the Excel-
lence and Accountability in Education Act shall remain
in effect to the extent the Secretary determines that such
determination is consistent with the purpose of this sec-
tion.
‘‘SEC. 10407. PROHIBITION AGAINST FUNDS FOR RELIGIOUS
WORSHIP 
OR 
INSTRUCTION 
AND
VOUCHERIZED ASSISTANCE.
‘‘(a) Nothing contained in this Act shall be construed
to authorize the making of any payment under this Act
for religious worship or instruction.
‘‘(b) Notwithstanding any other provision of this Act,
no services under this Act may be provided through vouch-
er or certificate.
641
‘‘SEC. 10408. APPLICABILITY TO HOME SCHOOLS.
‘‘Nothing in this Act shall be construed to affect
home schools.
‘‘SEC. 
10409. 
GENERAL 
PROVISION 
REGARDING 
NON-
RECIPIENT NONPUBLIC SCHOOLS.
‘‘Nothing in this Act shall be construed to permit,
allow, encourage, or authorize any Federal control over
any aspect of any private, religious, or home school,
whether or not a home school is treated as a private school
or home school under State law. This section shall not be
construed to bar private, religious, or home schools from
participation in programs or services under this Act.
‘‘SEC. 10410. SCHOOL PRAYER.
‘‘Any State or local educational agency that is ad-
judged by a Federal court of competent jurisdiction to
have willfully violated a Federal court order mandating
that such local educational agency remedy a violation of
the constitutional right of any student with respect to
prayer in public schools, in addition to any other judicial
remedies, shall be ineligible to receive Federal funds under
this Act until such time as the local educational agency
complies with such order. Funds that are withheld under
this section shall not be reimbursed for the period during
which the local educational agency was in willful non-
compliance.
642
‘‘SEC. 10411. GENERAL PROHIBITIONS.
‘‘(a) PROHIBITION.—None of the funds authorized
under this Act shall be used—
‘‘(1) to develop or distribute materials, or oper-
ate programs or courses of instruction directed at
youth that are designed to promote or encourage,
sexual activity;
‘‘(2) to distribute or to aid in the distribution
by any organization of legally obscene materials to
minors on school grounds;
‘‘(3) to purchase unsafe needles;
‘‘(4) to provide sex education or HIV preven-
tion education in schools unless such instruction is
age appropriate and includes the health benefits of
abstinence; or
‘‘(5) to operate a program of condom distribu-
tion in schools.
‘‘(b) LOCAL CONTROL.—Nothing in this section shall
be construed to—
‘‘(1) authorize an officer or employee of the
Federal Government to mandate, direct, review, or
control a State, local educational agency, or school’s
instructional content, curriculum, and related activi-
ties;
‘‘(2) limit the application of the General Edu-
cation Provisions Act;
643
‘‘(3) require the distribution of scientifically or
medically false or inaccurate materials or to prohibit
the distribution of scientifically or medically true or
accurate materials; or
‘‘(4) create any legally enforceable right.
‘‘SEC. 10412. PROHIBITION ON FEDERAL MANDATES, DIREC-
TION, AND CONTROL.
‘‘Nothing in this Act shall be construed to authorize
an officer or employee of the Federal Government to man-
date, direct, or control a State, local educational agency,
or schools curriculum, program of instruction, or alloca-
tion of State or local resources, or mandate a State or
any subdivision thereof to spend any funds or incur any
costs not paid for under this Act.
‘‘SEC. 10413. REPORT.
‘‘The Secretary shall report to the Congress not later
than 180 days after the date of the enactment of the Ex-
cellence and Accountability in Education Act regarding
how the Secretary shall ensure that audits conducted by
Department employees of activities assisted under this Act
comply with changes to this Act made by the Excellence
and Accountability in Education Act, particularly with re-
spect to permitting children with similar educational needs
to be served in the same educational settings, where ap-
propriate.
644
‘‘SEC. 10414. REQUIRED PARTICIPATION PROHIBITED.
‘‘Notwithstanding any other provision of law, no
State shall be required to participate in any program
under the Goals 2000: Educate America Act, or to have
content standards or student performance standards ap-
proved or certified under such Act, in order to receive as-
sistance under this Act.
‘‘SEC. 10415. PRIVACY FOR STUDENTS.
‘‘(a) IN GENERAL.—No State educational agency or
local educational agency that receives funds under this Act
may enter into an agreement, or allow a school under its
supervision to enter into an agreement, with any person
or entity that allows such person or entity to monitor,
gather, or obtain information used to advertise, sell, or
develop a product from any student under 18 years of age
unless such agreement requires the written permission of
the parent of such student prior to monitoring, gathering,
or obtaining such information.
‘‘(b) NATURE OF INFORMATION COLLECTED.—Be-
fore a school, local educational agency, or State edu-
cational agency, as the case may be, enters into an agree-
ment to allow a person or entity to monitor, gather, or
obtain information used to advertise, sell, or develop a
product from any student under 18 years, the school,
agency, or State shall ascertain the nature of the informa-
tion to be collected, how the information will be used, if
645
the information will be sold, distributed, or transferred to
any person or entity, and the amount of class time, if any,
that will be consumed by such activity.
‘‘(c) CONSENT FORM.—The written permission re-
quired by subsection (a) shall clearly disclose to the parent
the nature of the agreement between a school, local edu-
cational agency, or State educational agency, as the case
may be, and the person or entity, including—
‘‘(1) the dollar amount of any consideration
paid under the agreement;
‘‘(2) the nature of the information to be gath-
ered;
‘‘(3) how the information will be used;
‘‘(4) whether the information will be sold, dis-
tributed, or transferred to any other entity; and
‘‘(5) the amount of class time, if any, that will
be consumed by such activity.
‘‘(d) EXCEPTIONS.—This section shall not apply to—
‘‘(1) the recruitment activities of any institution
of higher education, as such term is defined in sec-
tion 102 of the Higher Education Act of 1965;
‘‘(2) the development and administration of
tests and assessments used by elementary and sec-
ondary schools to provide cognitive, evaluative, diag-
nostic, aptitude, or achievement information about
646
students (or for normalizing data), and the subse-
quent analysis and public release of aggregate data,
if—
‘‘(A) the information is not used to sell,
advertise, or develop another product; and
‘‘(B) the tests are conducted in accordance
with applicable Federal, State, and local poli-
cies;
‘‘(3) the development and administration of
educational curriculum and instructional materials
used by elementary and secondary schools to teach
core academic subjects, if—
‘‘(A) the information is not used to sell,
advertise, or develop another product; and
‘‘(B) the curriculum and instructional ma-
terials are used in accordance with applicable
Federal, State, and local policies; or
‘‘(4) contact information collected from a stu-
dent that is used only to respond directly to a spe-
cific request from the student for a transaction, if
the information—
‘‘(A) is not used for any purpose other
than as required in order to effect the trans-
action with the student; and
647
‘‘(B) is not used to recontact the student
in order to advertise, sell, or develop any other
product or service to the student.
‘‘PART F—EVALUATIONS
‘‘SEC. 10501. EVALUATIONS.
‘‘(a) EVALUATIONS.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the Secretary is authorized to reserve not
more than 0.50 percent of the amount appropriated
to carry out each program authorized under this
Act—
‘‘(A) to carry out comprehensive evalua-
tions of categorical programs and demonstra-
tion projects, and studies of program effective-
ness, under this Act, and the administrative im-
pact of such programs on schools and local edu-
cational agencies in accordance with subsection
(b);
‘‘(B) to evaluate the aggregate short- and
long-term effects and cost efficiencies across
Federal programs under this Act and related
Federal preschool, elementary and secondary
programs under other Federal law; and
‘‘(C) to strengthen the usefulness of grant
recipient evaluations for continuous program
648
progress through improving the quality, timeli-
ness, efficiency, and utilization of program in-
formation on program performance.
‘‘(2) SPECIAL RULE.—
‘‘(A) Paragraph (1) shall not apply to any
program under title I.
‘‘(B) If funds are made available under
any program assisted under this Act (other
than a program under title I) for evaluation ac-
tivities, then the Secretary shall reserve no ad-
ditional funds pursuant to the authority in sub-
section (a)(1) to evaluate such program, but
shall coordinate the evaluation of such program
with the national evaluation described in sub-
section (b).
‘‘(b) NATIONAL EVALUATION.—The Secretary shall
use funds reserved under subsection (a) to conduct inde-
pendent studies of programs under this Act and the effec-
tiveness of those programs in achieving their purposes, to
determine whether those programs (or the administration
of those programs) are—
‘‘(1) contributing to improved student academic
performance;
‘‘(2) supporting the development of challenging
standards and aligned assessments that guide other
649
elements of school reform, including teacher certifi-
cation, curriculum frameworks, instruction, and pro-
fessional development;
‘‘(3) assisting efforts in schools and classrooms
to improve teaching and the climate for learning,
particularly in high-poverty schools, including efforts
related to technology, professional development,
school violence and drug prevention, and public
school choice;
‘‘(4) promoting flexibility with accountability;
‘‘(5) supporting efforts to strengthen family
and community involvement in education;
‘‘(6) targeting their resources effectively;
‘‘(7) contributing to reform efforts and contin-
uous improvement; and
‘‘(8) achieving other goals consistent with the
purposes of this Act.
‘‘(c) INDEPENDENT PANEL.—The Secretary shall es-
tablish an independent panel to review studies under sub-
section (b) to advise the Secretary on their progress, and
to comment, if the panel chooses, on the final report de-
scribed in subsection (d).
‘‘(d) REPORTS.—The Secretary shall submit an in-
terim report on the evaluation described in subsection (b)
not later than 3 years after the date of the enactment of
650
the Excellence and Accountability in Education Act and
a final report not later than 4 years after such date to
the Committee on Education and the Workforce of the
House of Representatives and to the Committee on
Health, Education, Labor, and Pensions of the Senate.
‘‘(e) PARTNERSHIPS
TO STRENGTHEN PERFORM-
ANCE INFORMATION FOR IMPROVEMENT.—The Secretary
may provide technical assistance to recipients of assistance
under this Act in order to strengthen the collection and
assessment of information relating to program perform-
ance and quality assurance at the State and local levels.
Such technical assistance shall be designed to promote the
development, measurement, use, and reporting of data on
valid, reliable, timely, and consistent performance indica-
tors, within and across programs, and may include one-
time grants, from funds reserved under subsection (a), to
recipients to develop their data systems with the goal of
helping recipients make continuous program improvement.
‘‘SEC. 10502. PERFORMANCE MEASURES.
‘‘(a) IN GENERAL.—The Secretary is authorized to
establish performance indicators, benchmarks, and targets
for each program under this Act and subtitle B of title
VII of the Stewart B. McKinney Homeless Assistance Act,
to assist in measuring program performance. Indicators,
benchmarks, and targets under this section shall be con-
651
sistent with the Government Performance and Results Act
of 1993 (and strategic plans adopted by the Secretary
under that Act).
‘‘(b) COLLABORATION.—The Secretary shall collabo-
rate with State educational agencies, local educational
agencies, and other recipients under this Act in estab-
lishing performance indicators, benchmarks, and targets
under this section.
‘‘(c) PLANS AND APPLICATIONS.—The Secretary may
require any applicant for funds under this Act or subtitle
B of title VII of the Stewart B. McKinney Homeless As-
sistance Act to—
‘‘(1) include in its plan or application informa-
tion relating to how it will use performance indica-
tors, benchmarks, and targets under this section to
improve its program performance; and
‘‘(2) report data relating to such performance
indicators, benchmarks, and targets to the Sec-
retary.
‘‘PART G—SENSE OF CONGRESS
‘‘SEC. 10601. SENSE OF CONGRESS; REQUIREMENT REGARD-
ING NOTICE.
‘‘(a) PURCHASE
OF AMERICAN-MADE EQUIPMENT
AND PRODUCTS.—In the case of any equipment or prod-
ucts that may be authorized to be purchased with financial
652
assistance provided under this Act, it is the sense of the
Congress that entities receiving such assistance should, in
expending the assistance, purchase only American-made
equipment and products.
‘‘(b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In
providing financial assistance under this Act, the head of
each Federal agency shall provide to each recipient of the
assistance a notice describing the statement made in sub-
section (a) by the Congress.
‘‘PART H—DROPOUT PREVENTION
‘‘SEC. 10701. DROPOUT PREVENTION.
‘‘In order to receive any assistance under this Act,
a State educational agency shall comply with the following
provisions regarding school dropouts:
‘‘(1) UNIFORM DATA COLLECTION.—Within 1
year after the date of the enactment of the Excel-
lence and Accountability in Education Act, a State
educational agency shall report to the Secretary and
statewide, all school district and school data regard-
ing school dropout rates in the State, and demo-
graphic breakdowns, according to procedures that
conform with the National Center for Education
Statistics’ Common Core of Data.
‘‘(2) ATTENDANCE-NEUTRAL
FUNDING
POLI-
CIES.—Within 2 years after the date of the enact-
653
ment of the Excellence and Accountability in Edu-
cation Act, a State educational agency shall develop
and implement education funding formula policies
for public schools that provide appropriate incentives
to retain students in school throughout the school
year, such as—
‘‘(A) a student count methodology that
does not determine annual budgets based on at-
tendance on a single day early in the academic
year; and
‘‘(B) specific incentives for retaining en-
rolled students throughout each year.
‘‘(3) SUSPENSION AND EXPULSION POLICIES.—
Within 2 years after the date of the enactment of
the Excellence and Accountability in Education Act,
a State educational agency shall develop uniform,
long-term suspension and expulsion policies for seri-
ous infractions resulting in more than 10 days of ex-
clusion from school per academic year so that simi-
lar violations result in similar penalties.’’.
TITLE X—REPEALS; EFFECTIVE
DATE
SEC. 1001. REPEALS; EFFECTIVE DATE.
(a) REPEAL OF SCHOOL FACILITIES INFRASTRUC-
TURE IMPROVEMENT ACT AND SUPPORT AND ASSIST-
654
ANCE PROGRAMS TO IMPROVE EDUCATION.—Title XII
and XIII are repealed.
(b) EFFECTIVE DATE.—This Act and the amend-
ments made by this Act shall take effect on October 1,
2001, or the date of the enactment of this Act, whichever
occurs later.
TITLE XI—AMENDMENTS TO
OTHER ACTS
SEC. 1101. AMENDMENTS TO EDUCATION AMENDMENTS OF
1978.
Part B of title XI of the Education Amendments of
1978 (25 U.S.C. 2001 et seq.) is amended—
(1) in section 1121—
(A) by inserting ‘‘ACCREDITATION AND’’
before ‘‘STANDARDS’’ in the heading;
(B) by striking subsections (a) through (g)
of section 1121 and inserting the following:
‘‘(a) PURPOSE; DECLARATIONS OF PURPOSES.—
‘‘(1) PURPOSE.—The purpose of the standards
implemented under this section shall be to afford In-
dian students being served by a school funded by the
Bureau of Indian Affairs the same opportunities as
all other students in the United States to achieve
the same challenging State performance standards
expected of all students.
655
‘‘(2) DECLARATIONS
OF
PURPOSES.—Local
school boards for schools operated by the Bureau of
Indian Affairs, in cooperation and consultation with
their tribal governing bodies and their communities,
are encouraged to adopt declarations of purposes of
education for their communities taking into account
the implications of such purposes on education in
their communities and for their schools. In adopting
such declarations of purpose, the school boards shall
consider the effect those declarations may have on
the motivation of students and faculties. Such dec-
larations shall represent the aspirations of the com-
munity for the kinds of people the community would
like its children to become, and shall include assur-
ances that all learners will become accomplished in
things and ways important to them and respected by
their parents and communities, shaping worthwhile
and satisfying lives for themselves, exemplifying the
best values of the community and humankind, and
becoming increasingly effective in shaping the char-
acter and quality of the world all learners share.
These declarations of purpose shall influence the
standards for accreditation to be accepted by the
schools.
656
‘‘(b) STUDIES AND SURVEYS RELATING TO STAND-
ARDS.—Not later than 1 year after the date of the enact-
ment of the Excellence and Accountability in Education
Act, the Secretary, in consultation with the Secretary of
Education, consortia of education organizations, and In-
dian organizations and tribes, and making the fullest use
possible of other existing studies, surveys, and plans, shall
carry out by contract with an Indian organization, studies
and surveys to establish and revise standards for the basic
education of Indian children attending Bureau funded
schools. Such studies and surveys shall take into account
factors such as academic needs, local cultural differences,
type and level of language skills, geographic isolation, and
appropriate teacher-student ratios for such children, and
shall be directed toward the attainment of equal edu-
cational opportunity for such children.
‘‘(c) REVISION
OF MINIMUM ACADEMIC STAND-
ARDS.—
‘‘(1) IN
GENERAL.—Not later than 2 years
after the date of the enactment of the Excellence
and Accountability in Education Act, the Secretary
shall—
‘‘(A) propose revisions to the minimum
academic standards published in the Federal
Register on September 9, 1995 (50 Fed. Reg.
657
174) for the basic education of Indian children
attending Bureau funded schools in accordance
with the purpose described in subsection (a)
and the findings of the studies and surveys con-
ducted under subsection (b);
‘‘(B) publish such proposed revisions to
such standards in the Federal Register for the
purpose of receiving comments from the tribes,
tribal school boards, Bureau funded schools,
and other interested parties; and
‘‘(C) consistent with the provisions of this
section and section 1131, take such actions as
are necessary to coordinate standards imple-
mented under this section with the Comprehen-
sive School Reform Plan developed by the Bu-
reau and—
‘‘(i) with the standards of the im-
provement plans for the States in which
any school operated by the Bureau of In-
dian Affairs is located; or
‘‘(ii) in the case where schools oper-
ated by the Bureau are within the bound-
aries of reservation land of 1 tribe but
within the boundaries of more than 1
State, with the standards of the State im-
658
provement plan of 1 such State selected by
the tribe.
‘‘(2) FURTHER REVISIONS.—Not later than 180
days after the close of the comment period, the Sec-
retary shall establish final standards, distribute such
standards to all tribes and publish such final stand-
ards in the Federal Register. The Secretary shall re-
vise such standards periodically as necessary. Prior
to any revision of such final standards, the Secretary
shall distribute such proposed revision to all the
tribes, and publish such proposed revision in the
Federal Register, for the purpose of receiving com-
ments from the tribes and other interested parties.
‘‘(3) APPLICABILITY
OF
STANDARDS.—Except
as provided in subsection (e), the final standards
published under paragraph (2) shall apply to all Bu-
reau funded schools not accredited under subsection
(f), and may also serve as a model for educational
programs for Indian children in public schools.
‘‘(4) CONSIDERATIONS
WHEN
ESTABLISHING
AND REVISING STANDARDS.—In establishing and re-
vising such standards, the Secretary shall take into
account the unique needs of Indian students and
support and reinforcement of the specific cultural
heritage of each tribe.
659
‘‘(d) ALTERNATIVE OR MODIFIED STANDARDS.—The
Secretary shall provide alternative or modified standards
in lieu of the standards established under subsection (c),
where necessary, so that the programs of each school are
in compliance with the minimum accreditation standards
required for schools in the State or region where the school
is located.
‘‘(e) WAIVER OF STANDARDS; ALTERNATIVE STAND-
ARDS.—A tribal governing body, or the local school board
so designated by the tribal governing body, shall have the
local authority to waive, in part or in whole, the standards
established under subsection (c) and (d) if such standards
are deemed by such body to be inappropriate. The tribal
governing body or designated school board shall, not later
than 60 days after a waiver under this subsection, submit
to the Secretary a proposal for alternative standards that
take into account the specific needs of the tribe’s children.
Such alternative standards shall be established by the Sec-
retary unless specifically rejected by the Secretary for
good cause and in writing to the affected tribes or local
school board, which rejection shall be final and not subject
to review.
‘‘(f) ACCREDITATION
AND
IMPLEMENTATION
OF
STANDARDS.—
660
‘‘(1) DEADLINE FOR MEETING STANDARDS.—
Not later the second academic year after publication
of the standards, to the extent necessary funding is
provided, all Bureau funded schools shall meet the
standards established under subsections (c) and (d)
or shall be accredited—
‘‘(A) by a tribal accrediting body, if the ac-
creditation standards of the tribal accrediting
body have been accepted by formal action of the
tribal governing body and are equal to or ex-
ceed the accreditation standards of the State or
region in which the school is located;
‘‘(B) by a regional accreditation agency; or
‘‘(C) by State accreditation standards for
the State in which it is located.
‘‘(2) DETERMINATION OF STANDARDS TO BE
APPLIED.—The accreditation type or standards ap-
plied for each school shall be determined by the
school board of the school, in consultation with the
Administrator of the school, provided that in the
case where the School Board and the Administrator
fail to agree on the type of accreditation and stand-
ards to apply, the decision of the school board with
the approval of the tribal governing body shall be
final.
661
‘‘(3) ASSISTANCE
TO
SCHOOL
BOARDS.—The
Secretary, through contracts and grants, shall assist
school boards of contract or grant schools in imple-
mentation of the standards established under sub-
sections (c) and (d), if the school boards request
that such standards, in part or in whole, be imple-
mented.
‘‘(4) FISCAL CONTROL AND FUND ACCOUNTING
STANDARDS.—The Bureau shall, either directly or
through contract with an Indian organization, estab-
lish a consistent system of reporting standards for
fiscal control and fund accounting for all contract
and grant schools. Such standards shall provide data
comparable to those used by Bureau operated
schools.
‘‘(g) ANNUAL PLAN
FOR MEETING
OF STAND-
ARDS.—Except as provided in subsections (e) and (f), the
Secretary shall begin to implement the standards estab-
lished under this section immediately upon the date of
their establishment. On an annual basis, the Secretary
shall submit to the appropriate committees of Congress,
all Bureau funded schools, and the tribal governing bodies
of such schools a detailed plan to bring all Bureau schools
and contract or grant schools up to the level required by
the applicable standards established under this section.
662
Such plan shall include detailed information on the status
of each school’s educational program in relation to the ap-
plicable standards established under this section, specific
cost estimates for meeting such standards at each school
and specific timelines for bringing each school up to the
level required by such standards.’’; and
(C) by adding at the end the following:
‘‘(m) STATUTORY CONSTRUCTION.—Nothing in this
section shall be read so as to preclude the expansion of
grades and related facilities at a Bureau funded school
where such expansion and the maintenance of such expan-
sion is occasioned or paid for with non-Bureau funds.
‘‘(n) GENERAL USE OF FUNDS.—Funds received by
Bureau funded schools from the Bureau of Indian Affairs
and under any program from the Department of Edu-
cation or any other Federal agency for the purpose of pro-
viding education or related services may be used for
schoolwide projects to improve the educational program
for all Indian students.
‘‘(o) STUDY ON ADEQUACY OF FUNDS AND FOR-
MULAS.—The Comptroller General of the United States
shall conduct a study, in consultation with Indian tribes
and local school boards, to determine the adequacy of
funding, and formulas used by the Bureau to determine
funding, for programs operated by Bureau funded schools,
663
taking into account unique circumstances applicable to
Bureau funded schools, as well as expenditures for com-
parable purposes in public schools nationally. Upon com-
pletion of the study, the Secretary of the Interior shall
take such action as necessary to ensure distribution of the
findings of the study to all affected Indian tribes, local
school boards, and associations of local school boards.’’;
(2) by striking section 1122 and inserting the
following:
‘‘SEC. 1122. NATIONAL CRITERIA FOR HOME LIVING SITUA-
TIONS.
‘‘(a) IN GENERAL.—The Secretary, in consultation
with the Secretary of Education, Indian organizations and
tribes, and Bureau funded schools, shall revise the na-
tional standards for home-living (dormitory) situations to
include such factors as heating, lighting, cooling, adult-
child ratios, needs for counselors (including special needs
related to off-reservation home-living (dormitory) situa-
tions), therapeutic programs, space, and privacy. Such
standards shall be implemented in Bureau operated
schools, and shall serve as minimum standards for con-
tract or grant schools.
‘‘(b) IMPLEMENTATION.—The Secretary shall imple-
ment the revised standards established under this section
immediately upon their completion.
664
‘‘(c) PLAN.—At the time of each annual budget sub-
mission for Bureau educational services is presented, the
Secretary shall submit to the appropriate committees of
Congress, the tribes, and the affected schools, and publish
in the Federal Register, a detailed plan to bring all Bu-
reau funded schools that provide home-living (dormitory)
situations up to the standards established under this sec-
tion. Such plan shall include a statement of the relative
needs of each Bureau funded home-living (dormitory)
school, projected future needs of each Bureau funded
home-living (dormitory) school, detailed information on
the status of each school in relation to the standards es-
tablished under this section, specific cost estimates for
meeting each standard for each such school, aggregate
cost estimates for bringing all such schools into compli-
ance with the criteria established under this section, and
specific timelines for bringing each school into compliance
with such standards.
‘‘(d) WAIVER.—The criteria established under this
section may be waived in the same manner as the stand-
ards provided under section 1121(e) may be waived.
‘‘(e) CLOSURE FOR FAILURE TO MEET STANDARDS
PROHIBITED.—No school in operation on or before Janu-
ary 1, 1987 (regardless of compliance or noncompliance
with the criteria established under this section), may be
665
closed, transferred to another authority, consolidated, or
have its program substantially curtailed for failure to meet
the criteria.’’;
(3) by striking sections 1124 and 1125 and in-
serting the following:
‘‘SEC. 1124. SCHOOL BOUNDARIES.
‘‘(a) ESTABLISHMENT
BY SECRETARY.—The Sec-
retary shall establish, by regulation, separate geographical
attendance areas for each Bureau funded school.
‘‘(b) ESTABLISHMENT BY TRIBAL BODY.——In any
case where there is more than 1 Bureau funded school
located on an Indian reservation, at the direction of the
tribal governing body, the relevant school boards of the
Bureau funded schools on the reservation may, by mutual
consent, establish the relevant attendance areas for such
schools, subject to the approval of the tribal governing
body. Any such boundaries so established shall be accepted
by the Secretary.
‘‘(c) BOUNDARY REVISIONS.—
‘‘(1) IN GENERAL.—On or after the date of the
enactment of the Excellence and Accountability in
Education Act, no geographical attendance area
shall be revised or established with respect to any
Bureau funded school unless the tribal governing
body or the local school board concerned (if so des-
666
ignated by the tribal governing body) has been
afforded—
‘‘(A) at least 180 days notice of the inten-
tion of the Bureau to revise or establish such
attendance area; and
‘‘(B) the opportunity to propose alternative
boundaries.
Any tribe may petition the Secretary for revision of
existing attendance area boundaries. The Secretary
shall accept such proposed alternative or revised
boundaries unless the Secretary finds, after con-
sultation with the affected tribe or tribes, that such
revised boundaries do not reflect the needs of the In-
dian students to be served or do not provide ade-
quate stability to all of the affected programs. The
Secretary shall cause such revisions to be published
in the Federal Register.
‘‘(2) TRIBAL RESOLUTION DETERMINATION.—
Nothing in this section shall be interpreted as deny-
ing a tribal governing body the authority, on a con-
tinuing basis, to adopt a tribal resolution allowing
parents the choice of the Bureau funded school their
children may attend, regardless of the attendance
boundaries established under this section.
667
‘‘(d) FUNDING RESTRICTIONS.—The Secretary shall
not deny funding to a Bureau funded school for any eligi-
ble Indian student attending the school solely because that
student’s home or domicile is outside of the geographical
attendance area established for that school under this sec-
tion. No funding shall be made available without tribal au-
thorization to enable a school to provide transportation for
any student to or from the school and a location outside
the approved attendance area of the school.
‘‘(e) RESERVATION
AS BOUNDARY.—In any case
where there is only 1 Bureau funded program located on
an Indian reservation, the attendance area for the pro-
gram shall be the boundaries (established by treaty, agree-
ment, legislation, court decisions, or executive decisions
and as accepted by the tribe) of the reservation served,
and those students residing near the reservation shall also
receive services from such program.
‘‘(f) OFF-RESERVATION HOME-LIVING (DORMITORY)
SCHOOLS.—Notwithstanding any geographical attendance
areas, attendance at off-reservation home-living (dor-
mitory) schools shall include students requiring special
emphasis programs to be implemented at each off-reserva-
tion home-living (dormitory) school. Such attendance shall
be coordinated between education line officers, the family,
and the referring and receiving programs.
668
‘‘SEC. 1125. FACILITIES CONSTRUCTION.
‘‘(a) COMPLIANCE WITH HEALTH
AND SAFETY
STANDARDS.—The Secretary shall immediately begin to
bring all schools, dormitories, and other Indian education-
related facilities operated by the Bureau or under contract
or grant with the Bureau into compliance with all applica-
ble tribal, Federal, or State health and safety standards,
whichever provides greater protection (except that the
tribal standards to be applied shall be no greater than any
otherwise applicable Federal or State standards), with sec-
tion 504 of the Rehabilitation Act of 1973, and with the
Americans with Disabilities Act of 1990. Nothing in this
section shall require termination of the operations of any
facility which does not comply with such provisions and
which is in use on the date of the enactment of the Excel-
lence and Accountability in Education Act.
‘‘(b) COMPLIANCE PLAN.—At the time that the an-
nual budget request for Bureau educational services is
presented, the Secretary shall submit to the appropriate
committees of Congress a detailed plan to bring all facili-
ties covered under subsection (a) of this section into com-
pliance with the standards referred to in subsection (a).
Such plan shall include detailed information on the status
of each facility’s compliance with such standards, specific
cost estimates for meeting such standards at each school,
669
and specific timelines for bringing each school into compli-
ance with such standards.
‘‘(c) CONSTRUCTION PRIORITIES.—
‘‘(1) SYSTEM TO ESTABLISH PRIORITIES.—On
an annual basis the Secretary shall submit to the
appropriate committees of Congress and cause to be
published in the Federal Register, the system used
to establish priorities for replacement and construc-
tion projects for Bureau funded schools and home-
living schools, including boarding schools and dor-
mitories. At the time any budget request for edu-
cation is presented, the Secretary shall publish in
the Federal Register and submit with the budget re-
quest the current list of all Bureau funded school
construction priorities.
‘‘(2) LONG-TERM
CONSTRUCTION
AND
RE-
PLACEMENT
LIST.—In addition to the plan sub-
mitted under subsection (b), the Secretary shall—
‘‘(A) not later than 18 months after the
date of the enactment of the Excellence and Ac-
countability in Education Act, establish a long-
term construction and replacement list for all
Bureau funded schools;
‘‘(B) using the list prepared under sub-
paragraph (A), propose a list for the orderly re-
670
placement of all Bureau funded education-re-
lated facilities over a period of 40 years to en-
able planning and scheduling of budget re-
quests;
‘‘(C) cause the list prepared under sub-
section (B) to be published in the Federal Reg-
ister and allow a period of not less than 120
days for public comment;
‘‘(D) make such revisions to the list pre-
pared under subparagraph (B) as are appro-
priate based on the comments received; and
‘‘(E) cause the final list to be published in
the Federal Register.
‘‘(3) EFFECT ON OTHER LIST.—Nothing in this
section shall be construed as interfering with or
changing in any way the construction priority list as
it exists on the date of the enactment of the Excel-
lence and Accountability in Education Act.
‘‘(d) 
HAZARDOUS
CONDITION
AT
BUREAU
SCHOOL.—
‘‘(1) CLOSURE OR CONSOLIDATION.—A Bureau
funded school may be closed or consolidated, and the
programs of a Bureau funded school may be sub-
stantially curtailed by reason of plant conditions
that constitute an immediate hazard to health and
671
safety only if a health and safety officer of the Bu-
reau determines that such conditions exist at the
Bureau funded school.
‘‘(2) INSPECTION.—(A) After making a deter-
mination described in paragraph (1), the Bureau
health and safety officer shall conduct an inspection
of the condition of such plant accompanied by an ap-
propriate tribal, county, municipal, or State health
and safety officer in order to determine whether con-
ditions at such plant constitute an immediate hazard
to health and safety. Such inspection shall be com-
pleted by not later than the date that is 30 days
after the date on which the action described in para-
graph (1) is taken. No further negative action may
be taken unless the findings are concurred in by the
second, non-Bureau of Indian Affairs inspector.
‘‘(B) If the health and safety officer conducting
the inspection of a plant required under subpara-
graph (A) determines that conditions at the plant do
not constitute an immediate hazard to health and
safety, any consolidation or curtailment that was
made under paragraph (1) shall immediately cease
and any school closed by reason of conditions at the
plant shall be reopened immediately.
672
‘‘(C) If a Bureau funded school is temporarily
closed or consolidated or the programs of a Bureau
funded school are substantially curtailed under this
subsection and the Secretary determines that the
closure, consolidation, or curtailment will exceed 1
year, the Secretary shall submit to the Congress, by
not later than 180 days after the date on which the
closure, consolidation, or curtailment was initiated, a
report which sets forth the reasons for such tem-
porary actions, the actions the Secretary is taking to
eliminate the conditions that constitute the hazard,
and an estimated date by which such actions will be
concluded.
‘‘(e) FUNDING REQUIREMENT.—
‘‘(1) DISTRIBUTION
OF
FUNDS.—Beginning
with the fiscal year following the year of the date of
the enactment of the Excellence and Accountability
in Education Act, all funds appropriated for the op-
erations and maintenance of Bureau funded schools
shall be distributed by formula to the schools. No
funds from this account may be retained or seg-
regated by the Bureau to pay for administrative or
other costs of any facilities branch or office, at any
level of the Bureau.
673
‘‘(2) REQUIREMENTS FOR CERTAIN USES.—No
funds shall be withheld from the distribution to the
budget of any school operated under contract or
grant by the Bureau for maintenance or any other
facilities or road related purpose, unless such school
has consented, as a modification to the contract or
in writing for grants schools, to the withholding of
such funds, including the amount thereof, the pur-
pose for which the funds will be used, and the
timeline for the services to be provided. The school
may, at the end of any fiscal year, cancel an agree-
ment under this paragraph upon giving the Bureau
30 days notice of its intent to do so.
‘‘(f) NO REDUCTION IN FEDERAL FUNDING.—Noth-
ing in this section shall be construed to diminish any Fed-
eral funding due to the receipt by the school of funding
for facilities improvement or construction from a State or
any other source.’’;
(4) 
in 
section 
1143(f), 
by 
striking
‘‘$10,000,000’’ and all that follows through the pe-
riod and inserting ‘‘$12,000,000 for fiscal year 2002
and such sums as may be necessary for each of the
4 succeeding fiscal years.’’; and
(5) in section 1144(e), by striking ‘‘$2,000,000’
and all that follows through the period and inserting
674
‘‘$2,000,000 for fiscal year 2002 and such sums as
may be necessary for each of the 4 succeeding fiscal
years.’’.
SEC. 1102. AMENDMENTS TO TRIBALLY CONTROLLED
SCHOOLS ACT OF 1988.
The Tribally Controlled Schools Act of 1988 (Public
Law 100–297; 25 U.S.C. 2501 et seq.) is amended—
(1) by redesignating section 5212 as section
5213; and
(2) by inserting after section 5211 the fol-
lowing:
‘‘SEC. 5212. THE TRIBALLY CONTROLLED GRANT SCHOOL
ENDOWMENT PROGRAM.
‘‘(a) IN GENERAL.—
‘‘(1) Each school receiving grants under this
part may establish, at a Federally insured banking
and savings institution, a trust fund for the pur-
poses of this section.
‘‘(2) The school may provide—
‘‘(A) for the deposit into the trust fund,
only funds from non-Federal sources, except
that the interest on funds received from grants
under this part may be used for this purpose;
‘‘(B) for the deposit in the account of any
earnings on funds deposited in the account; and
675
‘‘(C) for the sole use of the school any
noncash, in-kind contributions of real or per-
sonal property, such property may at any time
be converted to cash.
‘‘(b) INTEREST.—Interest from the fund established
under subsection (a) may periodically be withdrawn and
used, at the discretion of the school, to defray any ex-
penses associated with the operation of the school.’’.
SEC. 1103. AMENDMENTS TO STEWART B. MCKINNEY HOME-
LESS ASSISTANCE ACT.
Subtitle B of title VII of the Stewart B. McKinney
Homeless Act (42 U.S.C. 11431 et seq.) is amended—
(1) in section 722(e), by adding at the end the
following:
‘‘(3) PROHIBITION ON SEGREGATING HOMELESS
STUDENTS.—In providing a free, public education to
a homeless child or youth, no State receiving funds
under this subtitle shall segregate such child or
youth, either in a separate school, or in a separate
program within a school, based solely on such child
or youth’s status as homeless.’’;
(2) by striking section 722(g)(1)(H) and insert-
ing the following:
‘‘(H) contain assurances that State and
local educational agencies shall—
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‘‘(i) adopt policies and practices to en-
sure that homeless children and youth are
not segregated solely on the basis of their
status as homeless; and
‘‘(ii) designate an appropriate staff
person, who may also be a coordinator for
other Federal programs, as a liaison for
homeless children and youth.’’;
(3) in section 722(g)(3)(A)(i)—
(A) by redesignating subclause (II) as sub-
clause (III); and
(B) by striking subclause (I) and inserting
the following:
‘‘(I) for the duration of their
homelessness;
‘‘(II) if the child becomes perma-
nently housed, for the remainder of
the academic year; or’’;
(4) by striking section 722(g)(3)(C) and insert-
ing the following:
‘‘(C) ENROLLMENT.—(i) A school that a
homeless child seeks to enroll in shall, in ac-
cordance with this paragraph, immediately en-
roll the homeless child or youth even if the child
or youth is unable to produce records normally
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required for enrollment, such as previous aca-
demic records, proof of residency, or other doc-
umentation.
‘‘(ii) The enrolling school shall immediately
contact the school last attended by the child or
youth to obtain relevant academic and other
records.
‘‘(iii) If the child or youth needs to obtain
immunizations or immunization records, the en-
rolling school shall immediately refer the parent
or guardian of the child or youth to the liaison
who shall assist in obtaining necessary immuni-
zations or immunization records in accordance
with subparagraph (E).
‘‘(D) RECORDS.—Any record ordinarily
kept by the school, including immunization
records, academic records, birth certificates,
guardianship records, and evaluations for spe-
cial services or programs, of each homeless
child or youth shall be maintained—
‘‘(i) so that the records are available,
in a timely fashion, when a child or youth
enters a new school district; and
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‘‘(ii) in a manner consistent with sec-
tion 444 of the General Education Provi-
sions Act.
‘‘(E) ENROLLMENT DISPUTES.—If there is
a dispute over school selection or enrollment—
‘‘(i) the child or youth shall be imme-
diately admitted to the school in which en-
rollment is sought, pending resolution of
the dispute;
‘‘(ii) the parent or guardian shall be
provided with a written explanation of the
school’s decision regarding enrollment, in-
cluding the right to appeal the decision;
and
‘‘(iii) the parent or guardian shall be
referred to the liaison, who shall carry out
the dispute resolution process as described
in paragraph (6)(D) as expeditiously as
possible, after receiving notice of the dis-
pute.
‘‘(F) PLACEMENT CHOICE.—The choice re-
garding placement shall be made regardless of
whether the child or youth lives with the home-
less parents or has been temporarily placed
elsewhere by the parents.