136
‘‘(A) make significant progress in elimi-
nating achievement gaps by increasing the pro-
portions of 2 or more groups of students de-
scribed in section 1111(a)(3)(I) who meet State
proficiency standards; and
‘‘(B) have agreed to meet specific and nu-
merical performance goals during the term of a
performance agreement of at least 5 years in
length.
‘‘(5) Activities to promote and evaluate coordi-
nated pupil services programs.
‘‘(6) Activities to promote consumer, economic,
entrepreneurial, and personal finance education, in-
cluding disseminating and encouraging the best prac-
tices for teaching the basic principles of economics
and promoting the concept of achieving financial lit-
eracy through the teaching of personal financial man-
agement skills, including the basic principles involved
with earning, spending, saving, and investing.
‘‘(7) Studies, evaluations, and dissemination of
various education reform strategies and innovations
based on scientifically based research being pursued
by the Federal Government, States, and local edu-
cational agencies.
137
‘‘(8) The identification and recognition of exem-
plary schools and programs such as Blue Ribbon
Schools.
‘‘(9) Experiential-based learning programs.
‘‘(10) The development and expansion of public-
private partnership education programs which extend
the learning experience beyond the classroom environ-
ment through the use of computers.
‘‘(11) An independent study conducted in con-
sultation with appropriate entities, which will pro-
vide a multi-level coordinated implementation strat-
egy based on scientifically based research, for effective
professional development activities for mathematics
and science teachers.
‘‘(12) Programs to hire and support school
nurses.
‘‘(13) Grants for the education of recent immi-
grants to the United States.
‘‘(14) Activities to plan, implement, or expand
alternative education programs to reduce classroom
disruptions and provide a safe learning environment.
‘‘(15) Grants for elementary and secondary
school counseling programs under section 10104.
‘‘(16) Grants for character education programs
under section 10105.
138
‘‘(17) Grants for smaller learning communities
within high schools programs under section 10106.
‘‘SEC. 10104. ELEMENTARY AND SECONDARY SCHOOL COUN-
SELING PROGRAMS.
‘‘(a) GRANTS AUTHORIZED.—
‘‘(1) IN GENERAL.—The Secretary may use funds
provided under this part to award grants to local
educational agencies to enable such agencies to estab-
lish or expand elementary and secondary school coun-
seling programs which meet the requirements of sub-
section (b).
‘‘(2) PRIORITY.—In awarding grants under this
section, the Secretary shall give special consideration
to applications describing programs which—
‘‘(A) demonstrate the greatest need for new
or additional counseling services among the chil-
dren in the schools served by the applicant;
‘‘(B) propose the most promising and inno-
vative approaches for initiating or expanding
school counseling; and
‘‘(C) show the greatest potential for replica-
tion and dissemination.
‘‘(3) EQUITABLE
DISTRIBUTION.—In awarding
grants under this section, the Secretary shall ensure
an equitable geographic distribution among the re-
139
gions of the United States and among urban, subur-
ban, and rural local educational agencies.
‘‘(4) DURATION.—A grant under this section
shall be awarded for a period not to exceed 3 years.
‘‘(b) REQUIREMENTS FOR COUNSELING PROGRAMS.—
Each program funded under this section shall—
‘‘(1) be comprehensive in addressing the coun-
seling and educational needs of all students;
‘‘(2) use a developmental, preventive approach to
counseling;
‘‘(3) increase the range, availability, quantity,
and quality of counseling services in the elementary
and secondary schools of the local educational agency;
‘‘(4) expand counseling services through qualified
school counselors, school psychologists, and school so-
cial workers;
‘‘(5) use innovative approaches to increase chil-
dren’s understanding of peer and family relation-
ships, work and self, decision making, or academic
and career planning, or to improve peer interaction;
‘‘(6) provide counseling services in settings that
meet the range of needs of students;
‘‘(7) include inservice training, including train-
ing for teachers in appropriate identification and
intervention techniques for disciplining and teaching
140
students at risk of violent behavior, by school coun-
selors, school psychologists, and school social workers;
‘‘(8) involve parents of participating students in
the design, implementation, and evaluation of a coun-
seling program;
‘‘(9) involve collaborative efforts with community
groups, social service agencies, or other public or pri-
vate entities to enhance the program;
‘‘(10) evaluate annually the effectiveness and
outcomes of the counseling services and activities as-
sisted under this section;
‘‘(11) ensure a team approach to school coun-
seling in the elementary and secondary schools of the
local educational agency by maintaining a scientif-
ically based ratio of school counselors, school social
workers, and school psychologists to students; and
‘‘(12) ensure that school counselors, school psy-
chologists, or school social workers paid from funds
made available under this section spend a majority of
their time at the school in activities directly related
to the counseling process.
‘‘(c) LIMIT ON ADMINISTRATION.—Not more than 3
percent of the amounts made available under this section
in any fiscal year may be used for administrative costs to
carry out this section.
141
‘‘(d) DEFINITIONS.—For purposes of this section, the
terms ‘school counselor’, ‘school psychologist’, and ‘school so-
cial worker’, mean individuals qualified, licensed, or cer-
tified under State law to provide mental health counseling
to children and adolescents.
‘‘SEC. 10105. CHARACTER EDUCATION PROGRAM.
‘‘(a) PROGRAM AUTHORIZED.—
‘‘(1) IN GENERAL.—The Secretary may use funds
provided under this part to award grants to States,
local educational agencies, or consortia of such edu-
cational agencies for the design and implementation
of character education programs which incorporate
the elements of character described in subsection (c).
‘‘(2) DURATION.—Each grant under this section
shall be awarded for a period not to exceed 5 years,
of which the recipient may not use more than 1 year
for planning and program design.
‘‘(b) CONTRACTS UNDER PROGRAM.—
‘‘(1) EVALUATION.—Each State, local edu-
cational agency, or consortia of such educational
agencies awarded a grant under this section may con-
tract with outside sources, including institutions of
higher education and private and nonprofit organiza-
tions, for purposes of evaluating its program and
measuring the success of the program toward fostering
142
in students the elements of character described in sub-
section (c).
‘‘(2) 
MATERIALS
AND
PROGRAM
DEVELOP-
MENT.—Each State, local educational agency, or con-
sortia of such educational agencies awarded a grant
under this section may contract with outside sources,
including institutions of higher education and private
and nonprofit organizations, for assistance in devel-
oping curriculum, materials, teacher training, and
other activities related to character education.
‘‘(c) ELEMENTS
OF CHARACTER.—The elements of
character described in this subsection are as follows:
‘‘(1) Honesty.
‘‘(2) Citizenship.
‘‘(3) Courage.
‘‘(4) Justice.
‘‘(5) Respect.
‘‘(6) Personal Responsibility.
‘‘(7) Trustworthiness.
‘‘(8) Any other elements deemed appropriate by
the State, local educational agency, or consortia of
such educational agencies receiving a grant under
this paragraph.
‘‘(d) SELECTION OF RECIPIENTS.—
143
‘‘(1) CRITERIA.—The Secretary shall select
States, local educational agencies, or consortia of such
educational agencies to receive grants under this sec-
tion on the basis of the quality of the applications
submitted, taking into consideration such factors as—
‘‘(A) the extent to which the proposed char-
acter education program fosters in students the
elements of character described in subsection (c);
‘‘(B) the extent of parental, student, and
community involvement in the program; and
‘‘(C) the likelihood that the goals of the pro-
gram will be realistically achieved.
‘‘(2) DIVERSITY OF PROJECTS.—The Secretary
shall approve applications for grants under this sec-
tion in a manner which ensures to the extent prac-
ticable that the character education programs funded
with such grants—
‘‘(A) serve an equitable geographic distribu-
tion among the regions of the United States and
among urban, suburban, and rural areas; and
‘‘(B) serve schools which serve a high per-
centage of minorities, Native Americans, stu-
dents of limited English proficiency, and dis-
advantaged students.
144
‘‘SEC. 10106. SMALLER LEARNING COMMUNITIES WITHIN
HIGH SCHOOLS.
‘‘(a) IN GENERAL.—The Secretary may use funds pro-
vided under this part to—
‘‘(1) promote the creation of smaller learning
communities within high schools in which students
may receive greater individual attention and support,
including the development and implementation of sci-
entifically based research strategies described in sub-
section (b) to create such communities; and
‘‘(2) develop and implement strategies to include
parents, business representatives, institutions of high-
er education, community-based organizations, and
other community members in such communities.
‘‘(b) EXAMPLES OF STRATEGIES TO CREATE SMALLER
LEARNING COMMUNITIES.—The strategies described in this
subsection to create smaller learning communities within
high schools may include:
‘‘(1) The establishment of learning clusters,
‘houses’, magnet schools, or other approaches to cre-
ating schools within schools.
‘‘(2) The use of block scheduling.
‘‘(3) The use of personal adult advocates, teacher-
advisory systems, and other mentoring strategies.
‘‘(4) Strategies to reduce teaching loads.
145
‘‘(5) Other innovations designed to increase stu-
dent academic achievement through the creation of a
more personalized high school experience for students.
‘‘(c) SIZE OF COMMUNITIES.—In using funds under
this section, the Secretary’s goal shall be the creation of
learning communities of not more than 600 students within
high schools.
‘‘SEC. 10107. GENERAL PROVISIONS.
‘‘(a) AWARDS MADE ON COMPETITIVE BASIS.—The
Secretary may make awards under this part on the basis
of competitions announced by the Secretary.
‘‘(b) SPECIAL RULE.—The Secretary shall ensure that
programs, projects, and activities supported under this part
are designed so that the effectiveness of such programs,
projects, and activities is readily ascertainable and based
on scientifically based research.
‘‘(c) PEER REVIEW.—The Secretary shall use a peer
review process in reviewing applications for assistance
under this part, and may use funds appropriated under
this part for the cost of such peer review.
‘‘(d) APPLICATIONS.—An applicant for an award
under this part shall submit an application which—
‘‘(1) establishes clear goals and objectives for its
project under this part which are based on scientif-
ically based research; and
146
‘‘(2) describes the activities it will carry out in
order to meet the goals and objectives described in
paragraph (1).
‘‘(e) EVALUATIONS.—A recipient of an award under
this part shall—
‘‘(1) evaluate the effectiveness of its project in
achieving the goals and objectives stated in its appli-
cation; and
‘‘(2) report to the Secretary such information as
may be required, including evidence of its progress to-
ward meeting the such goals, to determine the
project’s effectiveness.
‘‘(f) DISSEMINATION OF EVALUATION RESULTS.—The
Secretary shall provide for the dissemination of the evalua-
tions of projects funded under this part by making the eval-
uations publicly available upon request, and shall publish
public notice that the evaluations are so available.
‘‘(g) MATCHING FUNDS.—The Secretary may require
recipients of awards under this part to provide matching
funds from non-Federal sources.
‘‘(h) SCIENTIFICALLY BASED RESEARCH DEFINED.—
In this part, the term ‘scientifically based research’—
‘‘(1) means the application of rigorous, system-
atic, and objective procedures to obtain valid knowl-
147
edge relevant to education activities and programs;
and
‘‘(2) shall include research which—
‘‘(A) employs systematic, empirical methods
which draw on observation or experiment,
‘‘(B) involves rigorous data analyses which
are adequate to test the stated hypotheses and
justify the general conclusions drawn,
‘‘(C) relies on measurements or observa-
tional methods which provide valid data across
evaluators and observers and across multiple
measurements and observations, and
‘‘(D) has been accepted by a peer reviewed
journal or approved by a panel of independent
experts through a comparably rigorous, objective,
and scientific review.
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out this part, there are authorized to
be appropriated $50,000,000 for fiscal year 2000 and
$50,000,000 for each of the 5 succeeding fiscal years.’’.
PART B—ARTS EDUCATION
SEC. 511. ARTS EDUCATION.
Part D of title X of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 8091 et seq.) is amended
to read as follows:
148
‘‘PART D—ARTS EDUCATION
‘‘SEC. 10401. SUPPORT FOR ARTS EDUCATION.
‘‘(a) FINDINGS.—The Congress finds that—
‘‘(1) every student can benefit from an education
in the arts;
‘‘(2) a growing body of research indicates that
education in the arts may provide cognitive benefits
and bolster academic achievement, beginning at an
early age and continuing through school;
‘‘(3) qualified arts teachers and sequential cur-
riculum are the basis and core for substantive arts
education for students;
‘‘(4) arts education programs should be grounded
in rigorous instruction and take their place within a
structure of direct accountability to parents, school of-
ficials, and the community;
‘‘(5) opportunities in the arts have enabled per-
sons of all ages with disabilities to participate more
fully in school and community activities; and
‘‘(6) arts education is a valuable part of the ele-
mentary and secondary school curriculum.
‘‘(b) PURPOSES.—The purposes of this part are to—
‘‘(1) support systemic education reform by
strengthening arts education as an integral part of
the elementary and secondary school curriculum; and
149
‘‘(2) help ensure that all students can learn to
challenging State content standards and challenging
State student performance standards in the arts.
‘‘(c) ELIGIBLE RECIPIENTS.—In order to carry out the
purposes of this part, the Secretary is authorized to award
grants to, or enter into contracts or cooperative agreements
with—
‘‘(1) States;
‘‘(2) local educational agencies;
‘‘(3) institutions of higher education;
‘‘(4) museums and other cultural institutions;
and
‘‘(5) other public and private agencies, institu-
tions, and organizations.
‘‘(d) AUTHORIZED ACTIVITIES.—Funds under this
part may be used for—
‘‘(1) research on arts education;
‘‘(2) planning, developing, acquiring, expanding,
improving, and disseminating model school-based arts
education programs;
‘‘(3) the development of model State arts edu-
cation assessments based on State standards;
‘‘(4) the development and implementation of cur-
riculum frameworks for arts education;
150
‘‘(5) the development of model inservice profes-
sional development programs for arts educators and
other instructional staff;
‘‘(6) supporting collaborative activities with
other Federal agencies or institutions, arts educators,
and organizations representing the arts, including
State and local arts agencies involved in arts edu-
cation;
‘‘(7) supporting model projects and programs in
the performing arts for children and youth and pro-
grams which assure the participation in mainstream
settings in arts and education programs of individ-
uals with disabilities through arrangements made
with organizations such as the John F. Kennedy Cen-
ter for the Performing Arts and VSA arts;
‘‘(8) supporting model projects and programs to
integrate arts education into the regular elementary
and secondary school curriculum; and
‘‘(9) other activities that further the purposes of
this part.
‘‘(e) COORDINATION AND CONSULTATION.—
‘‘(1) IN GENERAL.—A recipient of funds under
this part shall, to the extent possible, coordinate
projects assisted under this part with appropriate ac-
tivities of public and private cultural agencies, insti-
151
tutions, and organizations, including museums, arts
education associations, libraries, and theaters.
‘‘(2) CONSULTATION.—In carrying out this part,
the Secretary shall consult with other Federal agen-
cies or institutions, arts educators (including profes-
sional arts education associations), and organizations
representing the arts including State and local arts
agencies involved in arts education.
‘‘(f) AUTHORIZATION.—
‘‘(1) IN GENERAL.—For the purpose of carrying
out this part, there are authorized to be appropriated
$11,500,000 for fiscal year 2000 and such sums as
may be necessary for each of the 5 succeeding fiscal
years.
‘‘(2) SPECIAL RULE.—Any entity receiving funds
under this part shall use such funds only to supple-
ment and not to supplant the amount of funds made
available from non-Federal sources for the activities
assisted under this part.’’.
PART C—PUBLIC CHARTER SCHOOLS
SEC. 521. PUBLIC CHARTER SCHOOLS.
(a) 
CHARTER
SCHOOL
DEFINED.—Section
10310(1)(H) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 8066(1)(H)) is amended by insert-
152
ing ‘‘or in another nondiscriminatory manner consistent
with State law,’’ after ‘‘lottery,’’.
(b) AUTHORIZATION
OF APPROPRIATIONS.—Section
10311 (20 U.S.C. 8067) is amended—
(1) by striking ‘‘$100,000,000 for fiscal year
1999’’ and inserting ‘‘$145,000,000 for fiscal year
2000’’; and
(2) by striking ‘‘four’’ and inserting ‘‘5’’.
PART D—CIVIC EDUCATION
SEC. 531. CIVIC EDUCATION.
Part F of title X of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 8141 et seq.) is amended
to read as follows:
‘‘PART F—CIVIC EDUCATION
‘‘SEC. 10601. SHORT TITLE.
‘‘This part may be cited as the ‘Education for Democ-
racy Act’.
‘‘SEC. 10602. PURPOSE.
‘‘It is the purpose of this part—
‘‘(1) to improve the quality of civics and govern-
ment education, by educating students about the his-
tory and principles of the Constitution of the United
States, including the Bill of Rights; and
‘‘(2) to foster civic competence and responsi-
bility.
153
‘‘SEC. 10603. GENERAL AUTHORITY.
‘‘The Secretary is authorized to award grants to or
enter into contracts with the Center for Civic Education
to carry out civic education activities under sections 10604.
‘‘SEC. 10604. WE THE PEOPLE PROGRAM.
‘‘(a) THE CITIZEN AND THE CONSTITUTION.—
‘‘(1) IN GENERAL.—The Center for Civic Edu-
cation shall use funds awarded under section
10603(a) to carry out The Citizen and the Constitu-
tion program in accordance with this subsection.
‘‘(2) EDUCATIONAL
ACTIVITIES.—The Citizen
and the Constitution program—
‘‘(A) shall continue and expand the edu-
cational activities of the ‘We the People . . . The
Citizen and the Constitution’ program adminis-
tered by the Center for Civic Education;
‘‘(B) shall enhance student attainment of
challenging content standards in civics and gov-
ernment; and
‘‘(C) shall provide—
‘‘(i) a course of instruction on the
basic principles of our Nation’s constitu-
tional democracy and the history of the
Constitution of the United States and the
Bill of Rights;
154
‘‘(ii) at the request of a participating
school, school and community simulated
congressional hearings following the course
of study;
‘‘(iii) an annual national competition
of simulated congressional hearings for sec-
ondary school students who wish to partici-
pate in such a program;
‘‘(iv) advanced training of teachers
about the Constitution of the United States
and the political system the United States
created;
‘‘(v) materials and methods of instruc-
tion, including teacher training, that utilize
the latest advancements in educational tech-
nology; and
‘‘(vi) civic education materials and
services to address specific problems such as
the prevention of school violence and the
abuse of drugs and alcohol.
‘‘(3) AVAILABILITY OF PROGRAM.—The education
program authorized under this subsection shall be
made available to public and private elementary and
secondary schools, including Bureau funded schools,
in the 435 congressional districts, and in the District
155
of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mar-
iana Islands.
‘‘(b) PROJECT CITIZEN.—
‘‘(1) IN GENERAL.—The Center for Civic Edu-
cation shall use funds awarded under section
10603(a) to carry out The Project Citizen program in
accordance with this subsection.
‘‘(2) EDUCATIONAL
ACTIVITIES.—The Project
Citizen program—
‘‘(A) shall continue and expand the edu-
cational activities of the ‘We the People . . .
Project Citizen’ program administered by the
Center for Civic Education;
‘‘(B) shall enhance student attainment of
challenging content standards in civics and gov-
ernment; and
‘‘(C) shall provide—
‘‘(i) a course of instruction at the mid-
dle school level on the roles of State and
local governments in the Federal system es-
tablished by the Constitution of the United
States;
156
‘‘(ii) optional school and community
simulated State legislative hearings;
‘‘(iii) an annual national showcase or
competition;
‘‘(iv) advanced training of teachers on
the roles of State and local governments in
the Federal system established by the Con-
stitution of the United States;
‘‘(v) materials and methods of instruc-
tion, including teacher training, that utilize
the latest advancements in educational tech-
nology; and
‘‘(vi) civic education materials and
services to address specific problems such as
the prevention of school violence and the
abuse of drugs and alcohol.
‘‘(3) AVAILABILITY OF PROGRAM.—The education
program authorized under this subsection shall be
made available to public and private middle schools,
including Bureau funded schools, in the 50 States of
the United States, the District of Columbia, the Com-
monwealth of Puerto Rico, the United States Virgin
Islands, Guam, American Samoa, and the Common-
wealth of the Northern Mariana Islands.
157
‘‘(c) DEFINITION OF BUREAU FUNDED SCHOOL.—In
this section the term ‘Bureau funded school’ has the mean-
ing given the term in section 1146 of the Education Amend-
ments of 1978.
‘‘SEC. 10605. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
section 10604, $9,850,000 for fiscal year 2000 and such
sums as may be necessary for each of the fiscal years 2001
through 2005.’’.
PART E—ALLEN J. ELLENDER FELLOWSHIP
PROGRAM
SEC. 541. ALLEN J. ELLENDER FELLOWSHIP PROGRAM.
Part G of title X of the Elementary and Secondary
Education Act of 1965 is amended to read as follows:
‘‘PART G—ALLEN J. ELLENDER FELLOWSHIP
PROGRAM
‘‘SEC. 10701. FINDINGS.
‘‘The Congress finds as follows:
‘‘(1) It is a worthwhile goal to ensure that all
students in America are prepared for responsible citi-
zenship and that all students should have the oppor-
tunity to be involved in activities that promote and
demonstrate good citizenship.
158
‘‘(2) It is a worthwhile goal to ensure that Amer-
ica’s educators have access to programs for the contin-
ued improvement of their professional skills.
‘‘(3) Allen J. Ellender, a Senator from Lou-
isiana and President pro tempore of the United
States Senate, had a distinguished career in public
service characterized by extraordinary energy and
real concern for young people. Senator Ellender pro-
vided valuable support and encouragement to the
Close Up Foundation, a nonpartisan, nonprofit foun-
dation promoting knowledge and understanding of the
Federal Government among young people and edu-
cators. Therefore, it is a fitting and appropriate trib-
ute to Senator Ellender to provide fellowships in his
name to students of limited economic means, the
teachers who work with such students, and older
Americans, so that such students, teachers, and older
Americans may participate in the programs sup-
ported by the Close Up Foundation.
‘‘Subpart 1—Program for Middle and Secondary
School Students
‘‘SEC. 10711. ESTABLISHMENT.
‘‘(a) GENERAL AUTHORITY.—The Secretary is author-
ized to make grants in accordance with the provisions of
this subpart to the Close Up Foundation of Washington,
159
District of Columbia, a nonpartisan, nonprofit foundation,
for the purpose of assisting the Close Up Foundation in
carrying out its programs of increasing understanding of
the Federal Government among middle and secondary
school students.
‘‘(b) USE OF FUNDS.—Grants under this subpart shall
be used only to provide financial assistance to economically
disadvantaged students who participate in the program de-
scribed in subsection (a). Financial assistance received pur-
suant to this subpart by such students shall be known as
Allen J. Ellender fellowships.
‘‘SEC. 10712. APPLICATIONS.
‘‘(a) APPLICATION REQUIRED.—No grant under this
subpart may be made except upon an application at such
time, in such manner, and accompanied by such informa-
tion as the Secretary may reasonably require.
‘‘(b) CONTENTS OF APPLICATION.—Each such applica-
tion shall contain provisions to assure—
‘‘(1) that fellowship grants are made to economi-
cally disadvantaged middle and secondary school stu-
dents;
‘‘(2) that every effort will be made to ensure the
participation of students from rural and small town
areas, as well as from urban areas, and that in
awarding fellowships to economically disadvantaged
160
students, special consideration will be given to the
participation of students with special educational
needs, including student with disabilities, ethnic mi-
nority students, and gifted and talented students; and
‘‘(3) the proper disbursement of the funds re-
ceived under this subpart.
‘‘Subpart 2—Program for Middle and Secondary
School Teachers
‘‘SEC. 10721. ESTABLISHMENT.
‘‘(a) GENERAL AUTHORITY.—The Secretary is author-
ized to make grants in accordance with the provisions of
this subpart to the Close Up Foundation of Washington,
District of Columbia, a nonpartisan, nonprofit foundation,
for the purpose of assisting the Close Up Foundation in
carrying out its programs of teaching skills enhancement
for middle and secondary school teachers.
‘‘(b) USE OF FUNDS.—Grants under this subpart shall
be used only for financial assistance to teachers who par-
ticipate in the program described in subsection (a). Finan-
cial assistance received pursuant to this subpart by such
individuals shall be known as Allen J. Ellender fellowships.
‘‘SEC. 10722. APPLICATIONS.
‘‘(a) APPLICATION REQUIRED.—No grant under this
subpart may be made except upon an application at such
161
time, in such manner, and accompanied by such informa-
tion as the Secretary may reasonably require.
‘‘(b) CONTENTS OF APPLICATION.—Each such applica-
tion shall contain provisions to assure—
‘‘(1) that fellowship grants are made only to
teachers who have worked with at least one student
from such teachers school who participates in the pro-
grams described in section 10711(a);
‘‘(2) that not more than one teacher in each
school participating in the programs provided for in
section 10711(a) may receive a fellowship in any fis-
cal year; and
‘‘(3) the proper disbursement of the funds re-
ceived under this subpart.
‘‘Subpart 3—Programs for Recent Immigrants,
Students of Migrant Parents and Older Americans
‘‘SEC. 10731. ESTABLISHMENT.
‘‘(a) GENERAL AUTHORITY.—
‘‘(1) IN GENERAL.—The Secretary is authorized
to make grants in accordance with the provisions of
this subpart to the Close Up Foundation of Wash-
ington, District of Columbia, a nonpartisan, non-
profit foundation, for the purpose of assisting the
Close Up Foundation in carrying out its programs of
increasing understanding of the Federal Government
162
among economically disadvantaged older Americans,
recent immigrants and students of migrant parents.
‘‘(2) DEFINITION.—For the purpose of this sub-
part, the term older American means an individual
who has attained 55 years of age.
‘‘(b) USE OF FUNDS.—Grants under this subpart shall
be used for financial assistance to economically disadvan-
taged older Americans, recent immigrants and students of
migrant parents who participate in the program described
in subsection (a). Financial assistance received pursuant
to this subpart by such individuals shall be known as Allen
J. Ellender fellowships.
‘‘SEC. 10732. APPLICATIONS.
‘‘(a) APPLICATION REQUIRED.—No grant under this
subpart may be made except upon application at such time,
in such manner, and accompanied by such information as
the Secretary may reasonably require.
‘‘(b) CONTENTS OF APPLICATION.—Except such appli-
cation shall contain provisions to assure—
‘‘(1) that fellowship grants are made to economi-
cally disadvantaged older Americans, recent immi-
grants and students of migrant parents;
‘‘(2) that every effort will be made to ensure the
participation of older Americans, recent immigrants
and students of migrant parents from rural and
163
small town areas, as well as from urban areas, and
that in awarding fellowships, special consideration
will be given to the participation of older Americans,
recent immigrants and students of migrant parents
with special needs, including individuals with dis-
abilities, ethnic minorities, and gifted and talented
students;
‘‘(3) that activities permitted by subsection (a)
are fully described; and
‘‘(4) the proper disbursement of the funds re-
ceived under this subpart.
‘‘Subpart 4—General Provisions
‘‘SEC. 10741. ADMINISTRATIVE PROVISIONS.
‘‘(a) GENERAL RULE.—Payments under this part may
be made in installments, in advance, or by way of reim-
bursement, with necessary adjustments on account of under-
payment or overpayment.
‘‘(b) AUDIT RULE.—The Comptroller General of the
United States or any of the Comptroller Generals duly au-
thorized representatives shall have access for the purpose of
audit and examination to any books, documents, papers,
and records that are pertinent to any grant under this part.
‘‘SEC. 10742. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) IN GENERAL.—There are authorized to be appro-
priated to carry out the provisions of subparts 1, 2, and
164
3 of this part $4,400,000 for fiscal year 2001 and such sums
as may be necessary of each of the four succeeding fiscal
years.
‘‘(b) SPECIAL RULE.—Of the funds appropriated pur-
suant to subsection (a), not more than 30 percent may be
used for teachers associated with students participating in
the programs described in section 10711(a).’’.
TITLE VI—GENERAL PROVISIONS
SEC. 601. GENERAL PROVISIONS.
Title XIV of the Elementary and Secondary Education
Act is amended to read as follows:
‘‘TITLE XIV—GENERAL
PROVISIONS
‘‘PART A—DEFINITIONS
‘‘SEC. 14101. 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
165
‘‘(ii) the number of days school is in
session during such school year.
‘‘(B) The Secretary shall permit the conver-
sion of average daily membership (or other simi-
lar 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 child
in a school located in another school district, 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 receiving
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 section
602(3) of the Individuals with Disabilities Edu-
cation Act, the Secretary shall, for the purposes
166
of this Act, consider such child to be in attend-
ance at a school of the agency making such pay-
ment.
‘‘(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 expenditures,
during the third fiscal year preceding the
fiscal year for which the determination 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 agen-
cies; divided by
‘‘(B) the aggregate number of children in
average daily attendance to whom such agencies
167
provided free public education during such pre-
ceding year.
‘‘(3) CHILD.—The term ‘child’ means any person
within the age limits for which the State provides free
public education.
‘‘(4) CHILD WITH DISABILITY.—The term ‘child
with a disability’ means a child—
‘‘(A) with mental retardation, hearing im-
pairments, hearing impairments (including deaf-
ness), speech or language impairments, visual
impairments (including blindness), serious emo-
tional disturbance (hereinafter referred to as
‘emotional disturbance’), orthopedic impair-
ments, autism, traumatic brain injury, other
health impairments, or specific learning disabil-
ities; and
‘‘(B) who, by reason thereof, needs special
education and related services.
‘‘(5) COMMUNITY-BASED
ORGANIZATION.—The
term ‘community-based organization’ means a public
or private nonprofit organization of demonstrated ef-
fectiveness that—
‘‘(A) is representative of a community or
significant segments of a community; and
168
‘‘(B) provides educational or related services
to individuals in the community.
‘‘(6) CONSOLIDATED LOCAL APPLICATION.—The
term ‘consolidated local application’ means an appli-
cation submitted by a local educational agency pursu-
ant to section 14305.
‘‘(7) CONSOLIDATED
LOCAL
PLAN.—The term
‘consolidated local plan’ means a plan submitted by
a local educational agency pursuant to section 14305.
‘‘(8) CONSOLIDATED STATE APPLICATION.—The
term ‘consolidated State application’ means an appli-
cation submitted by a State educational agency pur-
suant to section 14302.
‘‘(9) CONSOLIDATED
STATE
PLAN.—The term
‘consolidated State plan’ means a plan submitted by
a State educational agency pursuant to section
14302.
‘‘(10) COUNTY.—The term ‘county’ means one of
the divisions of a State used by the Secretary of Com-
merce in compiling and reporting data regarding
counties.
‘‘(11) COVERED
PROGRAM.—The term ‘covered
program’ means each of the programs authorized
by—
‘‘(A) part A of title I;
169
‘‘(B) part B of title I;
‘‘(C) part C of title I;
‘‘(D) part D of title I;
‘‘(E) title II (other than National activi-
ties);
‘‘(F) subpart 2 of part A of title III;
‘‘(G) part A title IV (other than section
4115(b));
‘‘(H) title VI;
‘‘(I) comprehensive school reform programs
as authorized under section 1502 and described
on pages 96–99 of the Joint Explanatory State-
ment of the Committee of Conference included in
House Report 105–390 (Conference Report on the
Departments of Labor, Health and Human Serv-
ices, and Education, and Related Agencies Ap-
propriations Act, 1998);
‘‘(K) part A of title VII;
‘‘(L) part C of title VII;
‘‘(M) part J of title X; and
‘‘(N) title XII.
‘‘(12) CURRENT EXPENDITURES.—The term ‘cur-
rent expenditures’ means expenditures for free public
education—
170
‘‘(A) including expenditures for administra-
tion, instruction, attendance, pupil transpor-
tation services, operation and maintenance of
plant, fixed charges, and net expenditures to
cover deficits for food services and student body
activities; but
‘‘(B) not including expenditures for commu-
nity services, capital outlay, and debt service, or
any expenditures made from funds received
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 statute
to develop, manage, and provide services or programs
to local educational agencies.
‘‘(15) ELEMENTARY SCHOOL.—The term ‘elemen-
tary school’ means a nonprofit institutional day or
residential school, including a public elementary
charter school, that provides elementary education, as
determined under State law.
‘‘(16) FAMILY
LITERACY
SERVICES.—The term
‘family literacy services’ means services provided to
participants on a voluntary basis that are of suffi-
171
cient intensity in terms of hours, and of sufficient du-
ration, to make sustainable changes in a family, and
that integrate all of the following activities:
‘‘(A) Interactive literacy activities between
parents and their children.
‘‘(B) Training for parents regarding how to
be the primary teacher for their children and full
partners in the education of their children.
‘‘(C) Parent literacy training that leads to
economic self-sufficiency.
‘‘(D) An age-appropriate education to pre-
pare children for success in school and life expe-
riences.
‘‘(17) 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 edu-
cation as determined under applicable State law,
except that such term does not include any edu-
cation provided beyond grade 12.
‘‘(18) GIFTED AND TALENTED.—The term ‘gifted
and talented’, when used with respect to students,
children or youth, means students, children or youth
172
who give evidence of high performance capability in
areas such as intellectual, creative, artistic, or leader-
ship capacity, or in specific academic fields, and who
require services or activities not ordinarily provided
by the school in order to fully develop such capabili-
ties.
‘‘(19) INSTITUTION
OF
HIGHER
EDUCATION.—
The term ‘institution of higher education’ has the
meaning given that term in section 101 of the Higher
Education Act of 1965.
‘‘(20) LOCAL
EDUCATIONAL
AGENCY.—(A) The
term ‘local educational agency’ means a public board
of education or other public authority legally con-
stituted within a State for either administrative con-
trol or direction of, or to perform a service function
for, public elementary or secondary schools in a city,
county, township, school district, or other political
subdivision of a State, or for such combination of
school districts or counties as are recognized in a
State as an administrative agency for its public ele-
mentary or secondary schools.
‘‘(B) The term includes any other public institu-
tion or agency having administrative control and di-
rection of a public elementary or secondary school.
173
‘‘(C) The term includes an elementary or sec-
ondary school funded by the Bureau of Indian Affairs
but only to the extent that such inclusion makes such
school eligible for programs for which specific eligi-
bility is not provided to such school in another provi-
sion of law and such school does not have a student
population that is smaller than the student popu-
lation of the local educational agency receiving assist-
ance under this Act with the smallest student popu-
lation, except that such school shall not be subject to
the jurisdiction of any State educational agency other
than the Bureau of Indian Affairs.
‘‘(D) The term includes educational service agen-
cies and consortia of such agencies.
‘‘(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 supportive re-
lationship, providing academic assistance, and intro-
ducing the child or youth to new experiences that en-
hance the child or youth’s 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 personnel.
174
‘‘(23) OUTLYING
AREA.—The term ‘outlying
area’ means the United States Virgin Islands, Guam,
American Samoa, and the Commonwealth of the
Northern Mariana Islands.
‘‘(24) PARENT.—The term ‘parent’ includes a
legal guardian or other person standing in loco
parentis.
‘‘(25) 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.
‘‘(26) PUPIL SERVICES PERSONNEL; PUPIL SERV-
ICES.—(A) The term ‘pupil services personnel’ means
school counselors, school social workers, school psy-
chologists, and other qualified professional personnel
involved in providing assessment, diagnosis, coun-
seling, educational, therapeutic, and other necessary
services (including related services as such term is de-
fined in section 602(22) of the Individuals with Dis-
abilities 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.
‘‘(27) SCIENTIFICALLY BASED RESEARCH.—The
term ‘scientifically based research’—
175
‘‘(A) means the application of rigorous, sys-
tematic, and objective procedures to obtain valid
knowledge relevant to education activities and
programs; and
‘‘(B) shall include research that—
‘‘(i) employs systematic, empirical
methods that draw on observation or experi-
ment;
‘‘(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;
‘‘(iv) is evaluated using randomized
experiments in which individuals, entities,
programs, or activities are randomly as-
signed to different variations (including a
control condition) to compare the relative
effects of the variations; and
‘‘(v) has been accepted by a peer-re-
viewed journal or approved by a panel of
176
independent experts through a comparably
rigorous, objective, and scientific review.
‘‘(28) 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.
‘‘(29) SECRETARY.—The term ‘Secretary’ means
the Secretary of Education.
‘‘(30) STATE.—The term ‘State’ means each of
the 50 States, the District of Columbia, the Common-
wealth of Puerto Rico, and each of the outlying areas.
‘‘(31) STATE EDUCATIONAL AGENCY.—The term
‘State educational agency’ means the agency pri-
marily responsible for the State supervision of public
elementary and secondary schools.
‘‘(32) 
TECHNOLOGY.—The 
term 
‘technology’
means the latest state-of-the-art technology products
and services.
‘‘SEC. 14102. APPLICABILITY OF TITLE.
‘‘Parts B, C, D, E, and F of this title do not apply
to title VIII of this Act.
177
‘‘SEC. 14103. 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 Indian
Affairs, a school operated under a contract or grant with
the Bureau of Indian Affairs in consortia with another con-
tract or grant school or tribal or community organization,
or a Bureau of Indian Affairs school in consortia with an
institution of higher education, a contract 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. 14201. 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 under paragraph (2) if
such State educational agency can demonstrate that
the majority of such agency’s resources are derived
from non-Federal sources.
‘‘(2) APPLICABILITY.—This section applies to
any program under this Act under which funds are
178
authorized to be used for administration, and such
other programs as the Secretary may designate.
‘‘(b) USE OF FUNDS.—
‘‘(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 funds available under this sec-
tion for administrative activities designed to enhance
the effective and coordinated use of funds under pro-
grams included in the consolidation under subsection
(a), such as—
‘‘(A) the coordination of such programs
with other Federal and non-Federal programs;
‘‘(B) the establishment and operation of
peer-review mechanisms under this Act;
‘‘(C) the administration of this title;
‘‘(D) the dissemination of information re-
garding model programs and practices;
‘‘(E) technical assistance under any pro-
gram under this Act;
‘‘(F) State level activities designed to carry
out this title;
179
‘‘(G) training personnel engaged in audit
and other monitoring activities; and
‘‘(H) implementation of the Cooperative
Audit Resolution and Oversight Initiative of the
Department of Education.
‘‘(c) RECORDS.—A State educational agency that con-
solidates administrative funds under this section shall not
be required to keep separate records, by individual program,
to account for costs relating to the administration of pro-
grams included in the consolidation under subsection (a).
‘‘(d) REVIEW.—To determine the effectiveness of State
administration under this section, the Secretary may peri-
odically review the performance of State educational agen-
cies in using consolidated administrative funds under this
section and take such steps as the Secretary finds appro-
priate to ensure the effectiveness of such administration.
‘‘(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. 14202. SINGLE LOCAL EDUCATIONAL AGENCY STATES.
‘‘A State educational agency that also serves as a local
educational agency, in such agency’s applications or plans
180
under this Act, shall describe how such agency will elimi-
nate duplication in the conduct of administrative functions.
‘‘SEC. 14203. CONSOLIDATION OF FUNDS FOR LOCAL AD-
MINISTRATION.
‘‘(a) GENERAL AUTHORITY.—In accordance with regu-
lations of the Secretary and for any fiscal year, a local edu-
cational agency, with the approval of its State educational
agency, may consolidate and use for the administration of
one or more programs under this Act (or such other pro-
grams as the Secretary shall designate) not more than the
percentage, established in each such program, of the total
available for the local educational agency under such pro-
grams.
‘‘(b) STATE PROCEDURES.—Within one-year from the
date of enactment of the Education OPTIONS Act, a State
educational agency shall, in collaboration with local edu-
cational agencies in the State, establish procedures for re-
sponding to requests from local educational agencies to con-
solidate administrative funds under subsection (a) and for
establishing limitations on the amount of funds under such
programs that may be used for administration on a consoli-
dated 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 programs
181
included in the consolidation for administration for that
fiscal year.
‘‘(d) USES OF ADMINISTRATIVE FUNDS.—A local edu-
cational agency that consolidates administrative funds
under this section may use such consolidated funds for the
administration of such programs and for uses, at the school
district and school levels, comparable to those described in
section 14201(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 program,
to account for costs relating to the administration of such
programs included in the consolidation.
‘‘SEC. 14205. 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.
182
‘‘(2) AGREEMENT.—(A) The Secretary and the
Secretary of the Interior shall enter into an agree-
ment, consistent with the requirements of the pro-
grams 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 Secretary of
the Interior for the use of the amount transferred
and the performance measures to assess program
effectiveness, including measurable goals and ob-
jectives; and
‘‘(ii) be developed in consultation with In-
dian tribes.
‘‘(b) ADMINISTRATION.—The Department of the Inte-
rior may use not more than 1.5 percent of the funds consoli-
dated under this section for such department’s costs related
to the administration of the funds transferred under this
section.
183
‘‘PART C—COORDINATION OF PROGRAMS; CON-
SOLIDATED STATE AND LOCAL PLANS AND
APPLICATIONS
‘‘SEC. 14301. PURPOSE.
‘‘The purposes of this part are to improve teaching and
learning through greater coordination between programs
and to provide greater flexibility to State and local authori-
ties by allowing the consolidation of State and local plans,
applications, and reporting.
‘‘SEC. 14302. OPTIONAL CONSOLIDATED STATE PLANS OR
APPLICATIONS.
‘‘(a) GENERAL AUTHORITY.—
‘‘(1) SIMPLIFICATION.—In order to simplify ap-
plication requirements and reduce the burden for
State educational agencies under this Act, the Sec-
retary, in accordance with subsection (b), shall estab-
lish procedures and criteria under which a State edu-
cational agency may submit a consolidated State
plan or a consolidated State application meeting the
requirements of this section for—
‘‘(A) any programs under this Act in which
the State participates; and
‘‘(B) such other programs as the Secretary
may designate.
‘‘(2) 
CONSOLIDATED
APPLICATIONS
AND
PLANS.—A State educational agency that submits a
184
consolidated State plan or a consolidated State appli-
cation under this section shall not be required to sub-
mit a separate State plan or application for a pro-
gram included in the consolidated State plan or ap-
plication.
‘‘(b) COLLABORATION.—
‘‘(1) IN GENERAL.—In establishing criteria and
procedures under this section, the Secretary shall col-
laborate with State educational agencies and, as ap-
propriate, with other State agencies, local educational
agencies, public and private nonprofit agencies, orga-
nizations, and institutions, private schools, and rep-
resentatives of parents, students, and teachers.
‘‘(2) 
CONTENTS.—Through 
the 
collaborative
process described in paragraph (1), the Secretary
shall establish, for each program under the Act to
which this section applies, the descriptions, informa-
tion, assurances, and other material required to be in-
cluded in a consolidated State plan or consolidated
State application.
‘‘(3) NECESSARY
MATERIALS.—The Secretary
shall require only descriptions, information, assur-
ances, and other materials that are absolutely nec-
essary for the consideration of the consolidated State
plan or consolidated State application.
185
‘‘SEC. 14303. CONSOLIDATED REPORTING.
‘‘In order to simplify reporting requirements and re-
duce reporting burdens, the Secretary shall establish proce-
dures and criteria under which a State educational agency
may submit a consolidated State annual report. Such re-
port shall contain information about the programs included
in the report, including the State’s performance under those
programs, and other matters as the Secretary determines,
such as monitoring activities. Such a report shall take the
place of separate individual annual reports for the pro-
grams subject to it.
‘‘SEC. 14304. GENERAL APPLICABILITY OF STATE EDU-
CATIONAL AGENCY ASSURANCES.
‘‘(a) ASSURANCES.—A State educational agency that
submits a consolidated State plan or consolidated State ap-
plication under this Act, whether separately or under sec-
tion 14302, shall have on file with the Secretary a single
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 non-
profit private agency, institution, or organization, or
186
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 methods
of administering each such program, including—
‘‘(A) the enforcement of any obligations im-
posed by law on agencies, institutions, organiza-
tions, and other recipients responsible for car-
rying 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 cooperate in carrying out any
evaluation of each such program conducted by or for
the Secretary or other Federal officials;
‘‘(5) the State will use such fiscal control and
fund accounting procedures as will ensure proper dis-
188
‘‘(b) REQUIRED CONSOLIDATED PLANS OR APPLICA-
TIONS.—A State educational agency that has an approved
consolidated State plan or application under section 14302
may require local educational agencies in the State receiv-
ing funds under more than one program included in the
consolidated State plan or consolidated State application
to submit consolidated local plans or applications under
such programs, but may not require such agencies to submit
separate plans.
‘‘(c) COLLABORATION.—A State educational agency
shall collaborate with local educational agencies in the State
in establishing procedures for the submission of the consoli-
dated State plans or consolidated State applications under
this section.
‘‘(d) NECESSARY MATERIALS.—The State educational
agency shall require only descriptions, information, assur-
ances, and other material that are absolutely necessary for
the consideration of the local educational agency plan or
application.
‘‘SEC. 14306. OTHER GENERAL ASSURANCES.
‘‘(a) ASSURANCES.—Any applicant other than a State
educational agency that submits a plan or application
under this Act, shall have on file with the State educational
agency a single set of assurances, applicable to each pro-
189
gram 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 pro-
vides for assistance to such entities; and
‘‘(B) the public agency, nonprofit private
agency, institution, or organization, or Indian
tribe will administer such funds and property to
the extent required by the authorizing statutes;
‘‘(3) the applicant will adopt and use proper
methods 
of 
administering 
each 
such 
program,
including—
‘‘(A) the enforcement of any obligations im-
posed by law on agencies, institutions, organiza-
tions, and other recipients responsible for car-
rying out each program; and
‘‘(B) the correction of deficiencies in pro-
gram operations that are identified through au-
dits, monitoring, or evaluation;
190
‘‘(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 proper
disbursement of, and accounting for, Federal funds
paid to such applicant under each such program;
‘‘(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 perform
their duties under each such program; and
‘‘(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 shall not apply to programs
under this Act.
191
‘‘PART D—WAIVERS
‘‘SEC. 14401. 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 or the Carl D. Perkins Vocational
and Technical Education Act of 1998 for a State edu-
cational 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.—
‘‘(1) IN GENERAL.—A State educational agency,
local educational agency, or Indian tribe which de-
sires a waiver shall submit a waiver application to
the Secretary that—
‘‘(A) indicates each Federal program af-
fected and each statutory or regulatory require-
ment requested to be waived;
‘‘(B) describes the purpose and overall ex-
pected results of waiving each such requirement;
‘‘(C) describes, for each school year, specific,
measurable, educational goals for the State edu-
cational agency and for each local educational
192
agency, Indian tribe, or school that would be af-
fected by the wavier;
‘‘(D) explains why the waiver will assist the
State educational agency and each affected local
educational agency, Indian tribe, or school in
reaching such goals.
‘‘(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 Secretary;
or
‘‘(ii) by Indian tribes (on behalf of
schools operated by such tribes) to the Sec-
retary.
‘‘(3) GENERAL REQUIREMENTS.—
193
‘‘(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 accom-
panied 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
194
in the manner that such agency customarily
provides similar notices and information to
the public.
‘‘(c) RESTRICTIONS.—The Secretary shall not waive
under this section any statutory or regulatory requirements
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 sup-
plant, non-Federal funds;
‘‘(5) equitable participation of private school stu-
dents 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 14502;
‘‘(B) use of funds for religious worship or
instruction in section 14507; and
‘‘(C) activities in section 14513.
‘‘(d) DURATION AND EXTENSION OF WAIVER.—
195
‘‘(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 5 years.
‘‘(2) EXTENSION.—The Secretary may extend the
period described in paragraph (1) if the Secretary de-
termines 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 requested
and the waiver has contributed to improved stu-
dent performance; and
‘‘(B) such extension is in the public interest.
‘‘(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 pro-
vide assistance to the same populations served by
196
the programs for which waivers are requested;
and
‘‘(A) 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 agen-
cy that receives reports required under paragraph (1)
shall annually submit a report to the Secretary that
is based on such reports and contains such informa-
tion 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 2001 and each subsequent year, the Secretary
shall submit to the Committee on Education and the
Workforce of the House of Representatives and the
Committee on Health, Education, Labor and Pen-
sions of the Senate a report—
197
‘‘(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 deter-
mines, after notice and an opportunity for a hearing, that
the performance of the State or other recipient affected by
the waiver has been inadequate to justify 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 pub-
lished in the Federal Register and the Secretary shall pro-
vide 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.
198
‘‘PART E—UNIFORM PROVISIONS
‘‘SEC. 14501. MAINTENANCE OF EFFORT.
‘‘(a) IN GENERAL.—A local educational agency may
receive funds under a covered program for any fiscal year
only if the State educational agency finds that either the
combined fiscal effort per student or the aggregate expendi-
tures of such agency and the State with respect to the provi-
sion of free public education by such agency for the pre-
ceding fiscal year was not less than 90 percent of such com-
bined 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 agen-
cy 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) of this
section by falling below 90 percent of both the com-
bined fiscal effort per student and aggregate expendi-
tures (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) of this section for subsequent years.
199
‘‘(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
‘‘(2) a precipitous decline in the financial re-
sources of the local educational agency.
‘‘SEC. 14502. 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. 14503. PARTICIPATION BY PRIVATE SCHOOL CHIL-
DREN AND TEACHERS.
‘‘(a) PRIVATE SCHOOL PARTICIPATION.—
‘‘(1) IN GENERAL.—Except as otherwise provided
in this Act, to the extent consistent with the number
of eligible children in areas served by a State edu-
cational agency, local educational agency, educational
service agency, consortium of such agencies, or an-
other entity receiving financial assistance under a
program specified in subsection (b), who are enrolled
in private elementary and secondary schools in areas
served by such agency, consortium or entity, such
200
agency, consortium or entity shall, after timely and
meaningful consultation with appropriate private
school officials, provide such children and their teach-
ers or other educational personnel, on an equitable
basis, special educational services or other benefits
that address their needs under such program.
‘‘(2) SECULAR, NEUTRAL, AND NONIDEOLOGICAL
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 pri-
vate school children, teachers, and other educational
personnel shall be equitable in comparison to services
and other benefits for public school children, teachers,
and other educational personnel participating in such
program and shall be provided in a timely manner.
‘‘(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 num-
ber and educational needs of the children to be served,
201
to the expenditures for participating public school
children.
‘‘(5) PROVISION
OF
SERVICES.—Such agency,
consortium or entity described in subsection (a)(1) of
this section may provide such services directly or
through contracts with public and private agencies,
organizations, and institutions.
‘‘(b) APPLICABILITY.—
‘‘(1) IN GENERAL.—This section applies to pro-
grams under—
‘‘(A) part C of title I;
‘‘(B) title II;
‘‘(C) title III;
‘‘(D) title IV; and
‘‘(E) title VII.
‘‘(2) DEFINITION.—For the purposes of this sec-
tion, the term ‘eligible children’ means children eligi-
ble for services under a program described in para-
graph (1).
‘‘(c) CONSULTATION.—
‘‘(1) IN GENERAL.—To ensure timely and mean-
ingful consultation, a State educational agency, local
educational agency, educational service agency, con-
sortium of such agencies or entity shall consult with
appropriate private school officials during the design
202
and development of the programs under this Act, on
issues such as—
‘‘(A) how the children’s needs will be identi-
fied;
‘‘(B) what services will be offered;
‘‘(C) how, where, and by whom the services
will be provided;
‘‘(D) how the services will be assessed and
how the results of the assessment will be used to
improve such services;
‘‘(E) the size and scope of the equitable serv-
ices to be provided to the eligible private school
children, teachers, and other educational per-
sonnel and the amount of funds available for
such services; and
‘‘(F) how and when the agency, consortium,
or entity will make decisions about the delivery
of services, including a thorough consideration
and analysis of the views of the private school of-
ficials on the provision of contract services
through potential third party providers.
‘‘(2) DISAGREEMENT.—If the agency, consortium
or entity disagrees with the views of the private school
officials on the provision of services through a con-
tract, the agency, consortium, or entity shall provide
203
in writing to such private school officials an analysis
of the reasons why the local educational agency has
chosen not to use a contractor.
‘‘(3) TIMING.—Such consultation shall occur be-
fore the agency, consortium, or entity makes any deci-
sion that affects the opportunities of eligible private
school children, teachers, and other educational per-
sonnel to participate in programs under this Act, and
shall continue throughout the implementation and as-
sessment of activities under this section.
‘‘(4) DISCUSSION REQUIRED.—Such consultation
shall include a discussion of service delivery mecha-
nisms that the agency, consortium, or entity 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 mate-
rials, 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—
204
‘‘(i) by employees of a public agency;
or
‘‘(ii) through contract by such public
agency with an individual, association,
agency, organization, or other entity.
‘‘(B) In the provision of such services, such
employee, person, association, agency, organiza-
tion or other entity 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 agen-
cy.
‘‘(C) Funds used to provide services under
this section shall not be commingled with non-
Federal funds.
‘‘SEC. 14504. STANDARDS FOR BY-PASS.
‘‘If, by reason of any provision of law, a State edu-
cational agency, local educational agency, educational serv-
ice agency, consortium, or other entity of such agencies, is
prohibited from providing for the participation in pro-
grams of children enrolled in, or teachers or other edu-
cational personnel from, private elementary and secondary
schools, on an equitable basis, or if the Secretary determines
that such agency consortium or entity has substantially
205
failed or is unwilling to provide for such participation, as
required by section 14503, the Secretary shall—
‘‘(1) waive the requirements of that section for
such agency, consortium, or entity;
‘‘(2) arrange for the provision of equitable serv-
ices to such children, teachers, or other educational
personnel through arrangements that shall be subject
to the requirements of this section and of sections
14503, 14505, and 14506; and
‘‘(3) in making the determination, consider one
or more factors, including the quality, size, scope, lo-
cation of the program and the opportunity of private
school children, teachers, and other educational per-
sonnel to participate.
‘‘SEC. 14505. COMPLAINT PROCESS FOR PARTICIPATION OF
PRIVATE SCHOOL CHILDREN.
‘‘(a) PROCEDURES FOR COMPLAINTS.—The Secretary
shall develop and implement written procedures for receiv-
ing, investigating, and resolving complaints from parents,
teachers, or other individuals and organizations concerning
violations of section 14503 by a State educational agency,
local educational agency, educational service agency, con-
sortium of such agencies or entity. Such individual or orga-
nization shall submit such complaint to the State edu-
206
cational agency for a written resolution by the State edu-
cational agency within a reasonable period of time.
‘‘(b) APPEALS TO 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 rea-
sonable 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 supporting the appeal.
The Secretary shall investigate and resolve each such appeal
not later than 120 days after receipt of the appeal.
‘‘SEC. 14506. BY-PASS DETERMINATION PROCESS.
‘‘(a) REVIEW.—
‘‘(1) IN GENERAL.—
‘‘(A) The Secretary shall not take any final
action under section 14504 until the State edu-
cational agency, local educational agency, edu-
cational service agency, consortium of such agen-
cies or entity affected by such action has had an
opportunity, 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-
207
termination under this section, the Secretary
may withhold from the allocation of the affected
State or local educational agency the amount es-
timated by the Secretary to be necessary to pay
the cost of those services.
‘‘(2) PETITION FOR REVIEW.—
‘‘(A) If such affected agency consortium or
entity is dissatisfied with the Secretary’s final
action after a proceeding under paragraph (1),
such agency consortium or entity may, within
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 Secretary 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
208
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 shall
file in the court the record of the further pro-
ceedings.
‘‘(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 sub-
ject 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,
consortium or entity and representatives of the affected pri-
vate school children, teachers, or other educational personnel
209
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 14503 or any other provision of this
Act.
‘‘(c) PAYMENT FROM STATE ALLOTMENT.—When the
Secretary arranges for services pursuant to this section, the
Secretary shall, after consultation with the appropriate
public and private school officials, pay the cost of such serv-
ices, including the administrative costs of arranging 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 enactment of the Education
OPTIONS Act shall remain in effect to the extent the Sec-
retary determines that such determination is consistent
with the purpose of this section.
‘‘SEC. 14507. PROHIBITION AGAINST FUNDS FOR RELIGIOUS
WORSHIP OR INSTRUCTION.
‘‘Nothing contained in this Act shall be construed to
authorize the making of any payment under this Act for
religious worship or instruction.
‘‘SEC. 14508. APPLICABILITY TO HOME SCHOOLS.
‘‘Nothing in this Act shall be construed to affect home
schools.
210
‘‘SEC. 
14509. 
GENERAL 
PROVISION 
REGARDING 
NON-
RECIPIENT NONPUBLIC SCHOOLS.
‘‘Nothing in this Act or any other Act administered
by the Department shall be construed to permit, allow, en-
courage, 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 or any other Act ad-
ministered by the Department.
‘‘SEC. 14510. SCHOOL PRAYER.
‘‘Notwithstanding any provision of law, no funds
made available through the Department of Education under
this Act, or any other Act, shall be available to any State
or local educational agency which has a policy of denying
or which effectively prevents participation in, constitu-
tionally protected prayer in public schools by individuals
on a voluntary basis. Neither the United States nor any
State nor any local educational agency shall require any
person to participate in prayer or influence the form or
content of any constitutionally protected prayer in such
public schools.
‘‘SEC. 14511. MEMORIALS AND MEMORIAL SERVICES; RULE
OF CONSTRUCTION; AND ATTORNEY FEES.
‘‘(a) FINDINGS.—Congress finds the following:
211
‘‘(1) The saying of a prayer, the reading of a
scripture, or the performance of religious music, as
part of a memorial service that is held on the campus
of a public elementary or secondary school in order
to honor the memory of any person slain on that
campus is not objectionable under this Act.
‘‘(2) The design and construction of any memo-
rial which includes religious symbols, motifs, or
sayings that is placed on the campus of a public ele-
mentary or secondary school in order to honor the
memory of any person slain on that campus is not
objectionable under this Act.
‘‘(b) RULE OF CONSTRUCTION.—
‘‘(1) PAYMENT.—Nothing contained in this Act
shall be construed to authorize the making of any
payment under this Act for religious worship, in-
struction, or the construction of any religious memo-
rial.
‘‘(2) MEMORIAL SERVICE.—This Act shall not be
construed to bar—
‘‘(A) the saying of a prayer;
‘‘(B) the reading of a scripture;
‘‘(C) the performance of religious music; or
212
‘‘(D) the design or construction of any me-
morial which includes religious symbols, motifs,
or sayings;
as part of a memorial service held or a memorial
placed, as the case may be, on the campus of a public
elementary or secondary school in order to honor the
memory of any person slain on that campus.
‘‘SEC. 14512. ATTORNEYS FEES.
‘‘Notwithstanding any other provision of Federal law,
a local educational agency or public elementary or sec-
ondary school may use not more than 20 percent of its ad-
ministrative funds from any program under this Act for
payment of attorneys fees and related legal services in the
defense of any legal action, brought against a local edu-
cational agency, public elementary or secondary school, or
agent of any of such entities, claiming such agency, school,
or agent violated the constitutional prohibition against the
establishment of religion by permitting, facilitating, or
accommodating—
‘‘(1) a student’s religious expression; or
‘‘(2) the design or construction of any memorial
which includes religious symbols, motifs, or saying as
part of a memorial placed on the campus of a public
elementary or secondary school in order to honor the
memory of a person slain on that campus.
213
‘‘SEC. 14513. 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, sex-
ual activity, whether homosexual or heterosexual;
‘‘(2) to distribute or to aid in the distribution by
any organization of legally obscene materials to mi-
nors on school grounds;
‘‘(3) to provide sex education or HIV prevention
education in schools unless such instruction is age ap-
propriate and emphasizes the health benefits of absti-
nence; or
‘‘(4) to operate a program of contraceptive dis-
tribution in schools.
‘‘(b) LOCAL CONTROL.—Nothing in this section shall
be construed to—
‘‘(1) authorize an officer or employee of the Fed-
eral Government to mandate, direct, review, or con-
trol a State, local educational agency, or schools’ in-
structional content, curriculum, and related activities;
‘‘(2) limit the application of the General Edu-
cation Provisions Act (20 U.S.C.A. 1221 et seq.);
‘‘(3) require the distribution of scientifically or
medically false or inaccurate materials or to prohibit
214
the distribution of scientifically or medically true or
accurate materials; or
‘‘(4) create any legally enforceable right.
‘‘SEC. 14514. 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 school’s curriculum, program of instruction, or allocation
of State or local resources, or mandate a State or any sub-
division thereof to spend any funds or incur any costs not
paid for under this Act.
‘‘SEC. 14515. RULEMAKING.
‘‘The Secretary shall issue regulations under this Act
only to the extent that such regulations are necessary to
ensure that there is compliance with the specific require-
ments and assurances required by this Act.
‘‘SEC. 14516. REPORT.
‘‘The Secretary shall report to the Congress not later
than 180 days after the date of enactment of the Education
OPTIONS Act regarding how the Secretary shall ensure
that audits conducted by Department employees of activi-
ties assisted under this Act comply with changes to this Act
made by the Education OPTIONS Act, particularly with
respect to permitting children with similar educational
215
needs to be served in the same educational settings, where
appropriate.
‘‘SEC. 14517. REQUIRED APPROVAL OR CERTIFICATION PRO-
HIBITED.
‘‘(a) IN GENERAL.—Notwithstanding any other provi-
sion of Federal law, no State shall be required to have con-
tent standards or student performance standards approved
or certified by the Federal Government, in order to receive
assistance under this Act.
‘‘(b) CONSTRUCTION.—Nothing in this section shall be
construed to affect requirements under title I of this Act.
‘‘SEC. 14518. PROHIBITION ON ENDORSEMENT OF CUR-
RICULUM.
‘‘Notwithstanding any other prohibition of Federal
law, no funds provided to the Department of Education or
to any applicable program may be used by the Department
to endorse, approve, or sanction any curriculum designed
to be used in an elementary or secondary school.
‘‘SEC. 14519. 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, gath-
er, or obtain information used to advertise, sell, or develop
216
a product from any student under 18 years of age unless
such agreement requires the written permission of the par-
ent of such student prior to monitoring, gathering, or ob-
taining such information.
‘‘(b) NATURE OF INFORMATION COLLECTED.—Before a
school, local educational agency, or State educational agen-
cy, as the case may be, enters into an agreement to allow
a person or entity to monitor, gather, or obtain information
used to advertise, sell, or develop a product from any stu-
dent under 18 years, the school, agency, or State shall ascer-
tain the nature of the information to be collected, how the
information will be used, if 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 gathered;
‘‘(3) how the information will be used;
217
‘‘(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 section
102 of the Higher Education Act of 1965;
‘‘(2) the development and administration of tests
and assessments used by elementary and secondary
schools to provide cognitive, evaluative, diagnostic,
aptitude, or achievement information about students
(or for normalizing data), and the subsequent anal-
ysis and public release of aggregate data, if—
‘‘(A) the information is not used to sell, ad-
vertise, 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 edu-
cational curriculum and instructional materials used
by elementary and secondary schools to teach core
academic subjects, if—
‘‘(A) the information is not used to sell, ad-
vertise, or develop another product; and
218
‘‘(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 student
that is used only to respond directly to a specific re-
quest 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 transaction
with the student; and
‘‘(B) is not used to recontact the student in
order to advertise, sell, or develop any other
product or service to the student.
‘‘SEC. 14520. RULE OF CONSTRUCTION ON PERSONALLY
IDENTIFIABLE INFORMATION.
‘‘Nothing in this Act shall be construed to permit the
development of a national database of personally identifi-
able information on individuals involved in studies or in
data collection efforts under this Act.
‘‘PART F—SENSE OF CONGRESS
‘‘SEC. 14614. REDUCING THE READING DEFICIT.
‘‘(a) FINDINGS.—The ability to read the English lan-
guage is the cornerstone of academic success. The 1998 Na-
tional Assessment of Educational Progress (NAEP) found
that 69 percent of 4th grade students are reading below the
219
proficient level. The National Institute of Child Health and
Human Development (NICHD) has conducted extensive sci-
entific research on reading instruction for more than 34
years at a cost of more than two hundred million dollars.
Federal research in reading instruction has concluded that
phonemic awareness, direct systematic instruction in
sound-spelling correspondences, blending of sound-spellings
into words, reading comprehension, and regular exposure
to interesting books are essential components of any bal-
anced reading program.
‘‘(b) SENSE OF CONGRESS.—It is the sense of Congress
that—
‘‘(1) federally funded education programs which
are designed to improve reading skills, should use in-
structional practices that are grounded in scientif-
ically based research as defined in section 14101(27)
of this Act;
‘‘(2) reducing the reading deficit is one of the
most critical tasks before the nation; and
‘‘(3) successful learning in all other areas such
as science, history, literature, business and vocational
training or computer science requires the ability to
read fluently and with comprehension.
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‘‘SEC. 14615. SCIENCE ASSESSMENT.
‘‘It is the sense of Congress that State and local assess-
ments in science should measure a student’s ability to—
‘‘(1) understand scientific facts, results, and con-
cepts;
‘‘(2) design and conduct experiments;
‘‘(3) make arguments based on evidence and
data; and
‘‘(4) communicate scientific information.
‘‘SEC. 14616. AMERICA ACHIEVES ACADEMIC EXCELLENCE.
‘‘It is the sense of Congress that—
‘‘(1) the Constitution of the United States re-
serves to the States and to the people the responsi-
bility for the general supervision of public education
in kindergarten through the twelfth grade;
‘‘(2) State and local educational agencies are
best suited to increasing academic achievement levels
for all students and ensuring no student is left be-
hind;
‘‘(3) States and local educational agencies de-
serve and require the maximum liberty to build upon
existing innovative approaches for education reform
and continue their proven record of increasing stu-
dent success;
221
‘‘(4) education reform is in the best interests of
the American people in order to secure a more pros-
perous and perfect union;
‘‘(5) the best education decisions are made by
those who know the students best and who are respon-
sible for implementing the decisions, and, therefore,
educators and parents should retain the right and re-
sponsibility to educate their pupils and children free
of regulation by the Federal Government; and
‘‘(6) States should be commended for their efforts
and results and encouraged to sustain and improve
upon them.’’.
SEC. 602. REPEALS.
The following provisions are repealed:
(1) GOALS.—Parts A and C of title II and title
VI of Goals 2000: Educate America Act.
(2) ESEA.—Title XI of the Elementary and Sec-
ondary Education Act of 1965.
SEC. 603. EFFECTIVE DATE.
This Act and the amendments made by this Act shall
take effect on October 1, 2000, or the date of enactment of
the Education OPTIONS Act, whichever occurs later.
Calendar No. 331
106TH CONGRESS
2D SESSION
H. R. 4141
[Report No. 106–608]
A BILL
To amend the Elementary and Secondary
Education Act of 1965, and for other purposes.
MAY 4, 2000
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union,
and ordered to be printed