536
‘‘SEC. 6704. SCHOOL BOUNDARIES.
‘‘(a) The Secretary shall, in accordance with this sec-
tion, establish separate geographical attendance areas for
each Bureau school.
‘‘(b)(1) Except as provided in paragraph (2), on or
after July 1, 1985, no attendance area shall be changed or
established with respect to any such school unless the tribal
governing body or the local school board concerned (if so
designated by the tribal governing body) has been (i) af-
forded at least six months notice of the intention of the Bu-
reau to change or establish such attendance area, and (ii)
given the opportunity to propose alternative boundaries.
Any tribe may petition the Secretary for revision of existing
attendance area boundaries. The Secretary shall accept such
proposed alternative or revised boundaries unless the Sec-
retary finds, after consultation with the affected tribe or
tribes, that such revised boundaries do not reflect the needs
of the Indian students to be served or do not provide ade-
quate stability to all of the affected programs.
‘‘(2) In any case where there is more than 1 Bureau
funded school located on an Indian reservation, at the direc-
tion of the tribal governing body, the relevant school boards
of the Bureau funded schools on the reservation may, by
mutual consent, establish the relevant attendance areas for
such schools, subject to the approval of the tribal governing
537
body. Any such boundaries so established shall be accepted
by the Secretary.
‘‘(c) In any case where there is only 1 Bureau operated
program located on an Indian reservation, the attendance
area for the program shall be the boundaries of the reserva-
tion served, and those students residing near the reservation
shall also receive services from such program.
‘‘(d) The Bureau of Indian Affairs shall include in the
final rules the requirement that each appropriate education
line officer coordinate and consult with the affected tribes
and relevant school boards in the establishment of such geo-
graphic boundaries.
‘‘SEC. 6705. FACILITIES CONSTRUCTION.
‘‘(a) The Secretary shall immediately begin to bring
all schools, dormitories, and other facilities operated by the
Bureau or under contract or grant with the Bureau in con-
nection with the education of Indian children into compli-
ance with all applicable Federal, tribal, or State health and
safety standards, whichever provide greater protection (ex-
cept that the tribal standards to be applied shall be no
greater than any otherwise applicable Federal or State
standards), and with section 504 of the Rehabilitation Act
of 1973 (29 U.S.C. 794) and with the Americans with Dis-
abilities Act of 1990, except that nothing in this section
shall require termination of the operations of any facility
538
which does not comply with such provisions and which is
in use on the date of enactment of this Act.
‘‘(b) By January 1, 1996, and at each time thereafter
that the annual budget request for Bureau educational serv-
ices is presented, the Secretary shall submit to the appro-
priate committees of Congress a detailed plan to bring such
facilities into compliance with such standards. Such plan
shall include, but not be limited to, detailed information
on the status of each facility’s compliance with such stand-
ards, specific cost estimates for meeting such standards at
each school, and specific time lines for bringing each school
into compliance with such standards.
‘‘(c) Within six months of the date of enactment of this
Act, the Secretary shall submit to the appropriate commit-
tees of Congress, and publish in the Federal Register, the
system used to establish priorities for school construction
projects. At the time any budget request for school construc-
tion is presented, the Secretary shall publish in the Federal
Register and submit with the budget request the current list
of all school construction priorities.
‘‘(d)(1) A Bureau school may be closed or consolidated,
and the programs of a Bureau school may be substantially
curtailed, by reason of plant conditions that constitute an
immediate hazard to health and safety only if a health and
539
safety officer of the Bureau determines that such conditions
exist at the Bureau school.
‘‘(2)(A) In making determinations described in para-
graph (1) before July 1, 1989, health and safety officers of
the Bureau shall use the health and safety guidelines of the
Bureau that were in effect on January 1, 1988.
‘‘(B)(i) If—
‘‘(I) the Secretary fails to publish in the Federal
Register in final form before July 1, 1989, and
‘‘(II) action described in paragraph (1) is taken
after June 30, 1989, and before the date on which
such regulations are published in final form in the
Federal Register by reason of the condition of any
plant,
an inspection of the condition of such plant shall be con-
ducted by an appropriate tribal, county, municipal, or
State health and safety officer to determine whether condi-
tions at such plant constitute an immediate hazard to
health and safety. Such inspection shall be completed by
no later than the date that is 30 days after the date on
which the action described in paragraph (1) is taken.
‘‘(ii) The inspection required under clause (i) shall be
conducted by a health and safety officer designated jointly
by the Secretary and the tribes affected by the action de-
scribed in paragraph (1). If the Secretary and such tribes
540
are unable to agree on the designation of the health and
safety officer, the Secretary shall designate the health and
safety officer and shall provide notice of such designation
to each of such tribes before the inspection is conducted by
such officer.
‘‘(iii) If the health and safety officer conducting an
inspection of a plant required under clause (i) determines
that conditions at the plant do not constitute an immediate
hazard to health and safety, any consolidation or curtail-
ment that was made by reason of conditions at the plant
shall immediately cease and any school closed by reason of
conditions at the plant shall be reopened immediately.
‘‘(3) If—
‘‘(A) a Bureau school is temporarily closed or
consolidated, or the programs of a Bureau school are
substantially curtailed, by reason of plant conditions
that constitute an immediate hazard to health and
safety, and
‘‘(B) the Secretary estimates that the closure,
consolidation, or curtailment will be more than 1
year in duration,
the Secretary shall submit to the Congress, by no later than
the date that is 6 months after the date on which the closure,
consolidation, or curtailment is initiated, a report which
sets forth the reasons for such temporary actions and the
541
actions the Secretary is taking to eliminate the conditions
that constitute the hazard.
‘‘(e) There are hereby authorized to be appropriated
such sums as may be necessary to carry out subsection (a).
‘‘SEC. 6706. BUREAU OF INDIAN AFFAIRS EDUCATION FUNC-
TIONS.
‘‘(a) The Secretary shall vest in the Assistant Sec-
retary for Indian Affairs all functions with respect to for-
mulation and establishment of policy and procedure, and
supervision of programs and expenditures of Federal funds
for the purpose of Indian education administered by the
Bureau. The Assistant Secretary shall carry out such func-
tions through the Director of the Office of Indian Edu-
cation.
‘‘(b) The Director of the Office shall direct and super-
vise the operations of all personnel directly and substan-
tially involved with provision of education services by the
Bureau, including (but not limited to) school or institution
custodial or maintenance personnel. The Assistant Sec-
retary for Indian Affairs shall provide for the adequate co-
ordination between the affected Bureau Offices and the Of-
fice to facilitate the consideration of all contract functions
relating to education. Except as required by section
6709(d), nothing in this Act shall be construed to require
542
the provision of separate support services for Indian edu-
cation.
‘‘(c) Education personnel who are under the direction
and supervision of the Director of the Office in accordance
with the first sentence of subsection (b) shall—
‘‘(1) monitor and evaluate Bureau education
programs,
‘‘(2) provide all services and support functions
for education programs with respect to personnel mat-
ters involving staffing actions and functions, and
‘‘(3) provide technical and coordinating assist-
ance in areas such as procurement, contracting, budg-
eting, personnel, and curriculum.
‘‘(d)(1) The Assistant Secretary shall submit in the an-
nual Budget a plan—
‘‘(A) for school facilities to be constructed under
the system required by section 6705(c);
‘‘(B) for establishing priorities among projects
and for the improvement and repair of education fa-
cilities, which together shall form the basis for the dis-
tribution of appropriated funds; and
‘‘(C) including a 5-year plan for capital im-
provements.
‘‘(2) The Assistant Secretary shall establish a program,
including the distribution of appropriated funds, for the op-
543
eration and maintenance of education facilities. Such pro-
gram shall include, but not be limited to—
‘‘(A) a method of computing the amount nec-
essary for each education facility;
‘‘(B) similar treatment of all Bureau funded
schools;
‘‘(C) a notice of an allocation of appropriated
funds from the Director of the Office directly to the
appropriate education line officers; and
‘‘(D) a system for the conduct of routine preven-
tive maintenance.
The appropriate education line officers shall make arrange-
ments for the maintenance of education facilities with the
local supervisors of the Bureau maintenance personnel who
are under the authority of the agency superintendent or
area directors, respectively. The local supervisors of Bureau
maintenance personnel shall take appropriate action to im-
plement the decisions made in this regard by the appro-
priate education line officers, except that no funds from this
program may be authorized for expenditure unless such ap-
propriate education line officer is assured that the necessary
maintenance has been, or will be, provided in a reasonable
manner. Subject to the requirements of subsection (b) of this
section, nothing in this Act shall be construed to require
544
the provision of separate operations and maintenance per-
sonnel for the Office.
‘‘(3) The requirements of this subsection shall be imple-
mented no later than July 1, 1995.
‘‘(e) Any other provision of law notwithstanding, the
Director shall promulgate guidelines for the establishment
of mechanisms for the acceptance of gifts and bequests for
the use of, and benefit of, particular schools or designated
Bureau operated education programs, including, where ap-
propriate, the establishment and administration of trust
funds. When a Bureau operated program is the beneficiary
of such a gift or bequest, the Director shall make provisions
for monitoring its use, and shall report to the appropriate
committees of Congress the amount and terms of such gift
and bequest, the use to which it is put, and any positive
results achieved by such action.
‘‘(f) For the purpose of this section the term ‘functions’
includes powers and duties.
‘‘SEC. 6707. ALLOTMENT FORMULA.
‘‘(a) The Secretary shall establish, by regulation adopt-
ed in accordance with section 6719, a formula for determin-
ing the minimum annual amount of funds necessary to sus-
tain each Bureau funded school. In establishing such for-
mula, the Secretary shall consider—
545
‘‘(1) the number of eligible Indian students
served and size of the school;
‘‘(2) special cost factors, such as—
‘‘(A) isolation of the school;
‘‘(B) need for special staffing, transpor-
tation, or educational programs;
‘‘(C) food and housing costs;
‘‘(D) maintenance and repair costs associ-
ated with the physical condition of the edu-
cational facilities;
‘‘(E) special transportation and other costs
of isolated and small schools;
‘‘(F) the costs of boarding arrangements,
where determined necessary by a tribal govern-
ing body or designated local school board;
‘‘(G) costs associated with greater lengths of
service by educational personnel; and
‘‘(H) special programs for gifted and tal-
ented students;
‘‘(3) the cost of providing academic services
which are at least equivalent to those provided by
public schools in the State in which the school is lo-
cated; and
‘‘(4) such other relevant factors as the Secretary
determines are appropriate.
546
Upon the establishment of the standards required by sec-
tions 6701 and 6702 of this Act, the Secretary shall revise
the formula established under this subsection to reflect the
cost and funding standards so established. Prior to January
1, 1995, the Secretary shall review the formula established
under this section and shall take such steps as may be nec-
essary to increase the availability of counseling services for
students in off-reservation boarding schools and other Bu-
reau operated residential facilities. Concurrent with such
action, the Secretary shall review the standards established
under section 6701 of this title to be certain that adequate
provision is made for parental notification regarding, and
consent for, such counseling services.
‘‘(b) Notwithstanding any other provisions of law,
Federal funds appropriated for the general local operation
of Bureau funded schools, shall be allotted pro rata in ac-
cordance with the formula established under subsection (a).
‘‘(c)(1) For fiscal year 1990, and for each subsequent
fiscal year, the Secretary shall adjust the formula estab-
lished under subsection (a) to—
‘‘(A) use a weighted unit of 1.2 for each eligible
Indian student enrolled in the seventh and eighth
grades of the school in considering the number of eli-
gible Indian students served by the school;
547
‘‘(B) consider a school with an enrollment of less
than 50 eligible Indian students as having an average
daily attendance of 50 eligible Indian students for
purposes of implementing the adjustment factor for
small schools; and
‘‘(C) take into account the provision of residen-
tial services on a less than 9-month basis at a school
when the school board and supervisor of the school de-
termine that a less than 9-month basis will be imple-
mented for the school year involved.
‘‘(2)(A) The Secretary shall reserve for national school
board training 0.2 percent of the funds appropriated for
each fiscal year for distribution under this section. Such
training shall be conducted through the same organizations
through which, and in the same manner in which, the
training was conducted in fiscal year 1992. If the contract
for such training is not awarded before May 1 of each fiscal
year, the contract under which such training was provided
for the fiscal year preceding such fiscal year shall be re-
newed by the Secretary for such fiscal year. The agenda
for the training sessions shall be established by the school
boards through their regional or national organizations.
‘‘(B) For each year in which the Secretary uses a
weighted unit formula established under subsection (a) to
fund Bureau schools, a Bureau school which generates less
548
than 168 weighted units shall receive an additional 2
weighted units to defray school board activities.
‘‘(C) From the funds allotted in accordance with the
formula established under subsection (a) for each Bureau
school, the local school board of such school may reserve an
amount which does not exceed the greater of—
‘‘(i) $5,000, or
‘‘(ii) the lesser of—
‘‘(I) $15,000, or
‘‘(II) 1 percent of such allotted funds,
for school board activities for such school, including but not
limited to, and notwithstanding any other provision of law,
meeting expenses and the cost of membership in, and sup-
port of, organizations engaged in activities on behalf of In-
dian education.
‘‘(3)(A) The Secretary shall adjust the formula estab-
lished under subsection (a) to use a weighted unit of 2.0
for each eligible Indian student that—
‘‘(i) is gifted and talented (as determined pursu-
ant to section 6204 of the Indian Education Act of
1988), and
‘‘(ii) is enrolled in the school on a full-time
basis,
in considering the number of eligible Indian students served
by the school.
549
‘‘(B) The adjustment required under subparagraph (A)
shall be used for the later of the following fiscal years and
for each fiscal year succeeding such later fiscal year:
‘‘(i) the second fiscal year succeeding the fiscal
year in which the Secretary of Education makes the
report required under section 6204(c)(6)(B) of the In-
dian Education Act of 1988, or
‘‘(ii) the first fiscal year for which an increase
in the amount of funds appropriated for allotment
under this section is designated by the law that ap-
propriates such funds as the amount necessary to im-
plement such adjustment without reducing allotments
made under this section to any school.
‘‘(d) The Secretary shall reserve from the funds avail-
able for distribution for each fiscal year under this section
an amount which, in the aggregate, shall equal 1 percent
of the funds available for such purpose for that fiscal year.
Such funds shall be used, at the discretion of the Director
of the Office, to meet emergencies and unforeseen contin-
gencies affecting the education programs funded under this
section. Funds reserved under this subsection may only be
expended for education services or programs at a schoolsite
(as defined in section 5204(c)(2) of the Tribally Controlled
Schools Act of 1988). Funds reserved under this subsection
shall remain available without fiscal year limitation until
550
expended. However, the aggregate amount available from all
fiscal years may not exceed 1 percent of the current year
funds. Whenever the Secretary makes funds available under
this subsection, the Secretary shall report such action to the
appropriate committees of Congress within the annual
budget submission.
‘‘(e) Supplemental appropriations enacted to meet in-
creased pay costs attributable to school level personnel shall
be distributed under this section.
‘‘(f) In this section ‘eligible Indian student’ means a
student who—
‘‘(1) is a member of or is at least a 1⁄4 degree
Indian blood descendant of a member of an Indian
tribe which is eligible for the special programs and
services provided by the United States through the
Bureau of Indian Affairs to Indians because of their
status as Indians, and
‘‘(2) resides on or near an Indian reservation or
meets the criteria for attendance at a Bureau off-res-
ervation boarding school.
‘‘(g)(1) An eligible Indian student may not be charged
tuition for attendance at a Bureau or contract school. A
student attending a Bureau school under clause (2)(C) of
this subsection may not be charged tuition.
551
‘‘(2) The Secretary may permit the attendance at a
Bureau school of a student who is not an eligible Indian
student if—
‘‘(A) the Secretary determines that the student’s
attendance will not adversely affect the school’s pro-
gram for eligible Indian students because of cost, over-
crowding, or violation of standards,
‘‘(B) the school board consents, and
‘‘(C) the student is a dependent of a Bureau, In-
dian Health Service, or tribal government employee
who lives on or near the school site, or
‘‘(D) a tuition is paid for the student that is not
more than that charged by the nearest public school
district for out-of-district students. The tuition col-
lected is in addition to the school’s allocation under
this section.
‘‘(3) The school board of a contract school or grant
school may permit students who are not eligible Indian stu-
dents under this subsection to attend its contract school or
grant school and any tuition collected for those students is
in addition to funding under this section.
‘‘(h)(1) The Secretary shall conduct, through contact
or cooperative agreement with an entity having proven ex-
pertise in the field of school finance, and after consultation
with tribes and national Indian organizations, a study to
552
determine the feasibility and desirability of changing the
method of financing for Bureau funded schools from the
weighted student unit formula method in effect on the date
of enactment of this Act to a school based budget system
of financing. The Assistant Secretary shall take such steps
as are necessary to immediately implement this provision.
‘‘(2) For the purposes of this study, the term ‘school-
based budget system’ means a system based upon an initial
determination, at each school site, of the number of students
who shall be served at the site, the needs of those students,
the standards which will best meet those needs (including
any standards or conditions reflecting local community
input and the program developed under this part), the per-
sonnel profile necessary to establish such program and the
cost (determined on an actual basis) of funding such a pro-
gram. Such a system would include procedures to aggregate
the determinations for each school site to determine the
amount needed to fund all Bureau-funded schools, to pre-
pare a budget submission based upon such aggregate and
would provide for a mechanism for distributing such sums
as may be appropriated based upon the determination at
each school site.
‘‘(3) No later than January 20, 1996, the Secretary
shall transmit to the Committees on Education and Labor
and Appropriations of the House of Representatives and the
553
Committees on Indian Affairs and Appropriations of the
Senate of the United States the study required under this
subsection, along with any views or comments of the Sec-
retary on such study.
‘‘(i) Any other provision of law notwithstanding, at
the election of the school board made at any time during
the fiscal year, a portion equal to no more than 15 percent
of the funds allocated with respect to a school under this
section for any fiscal year shall remain available to the
school for expenditure without fiscal year limitation. The
Assistant Secretary shall take steps as may be necessary
to implement this provision immediately.
‘‘(j) Tuition for the out-of-State students boarding at
the Richfield Dormitory in Richfield, Utah, who attend
Sevier County high schools in Richfield, Utah, may be paid
from the Indian School Equalization Program funds at a
rate not to exceed the amount per Weighted Student Unit
for that year for instruction. No additional administrative
cost funds will be added to the grant.
‘‘SEC. 6708. ADMINISTRATIVE COST GRANTS.
‘‘(a)(1) The Secretary shall, subject to the availability
of appropriated funds, provide grants to each tribe or tribal
organization operating a contract or grant school in the
amount determined under this section with respect to the
tribe or tribal organization for the purpose of paying the
554
administrative and indirect costs incurred in operating
contract schools in order to—
‘‘(A) enable tribes and tribal organizations oper-
ating such schools, without reducing direct program
services to the beneficiaries of the program, to provide
all related administrative overhead services and oper-
ations necessary to meet the requirements of law and
prudent management practice, and
‘‘(B) carry out other necessary support functions
which would otherwise be provided by the Secretary
or other Federal officers or employees, from resources
other than direct program funds, in support of com-
parable Bureau operated programs.
‘‘(2) Amounts appropriated to fund the grants pro-
vided under this section shall be in addition to, and shall
not reduce, the amounts appropriated for the program being
administered by the contract schools.
‘‘(b)(1) The amount of the grant provided to each tribe
or tribal organization under this section for each fiscal year
shall be determined by applying the administrative cost
percentage rate of the tribe or tribal organization to the
aggregate of the Bureau elementary and secondary func-
tions operated by the tribe or tribal organization for which
funds are received from or through the Bureau. The admin-
istrative cost percentage rate determined under subsection
555
(c) does not apply to other programs operated by the tribe
or tribal organization.
‘‘(2) The Secretary shall—
‘‘(A) reduce the amount of the grant determined
under paragraph (1) to the extent that payments for
administrative costs are actually received by an In-
dian tribe or tribal organization under any Federal
education program included in the direct cost base of
the tribe or tribal organization, and
‘‘(B) take such actions as may be necessary to be
reimbursed by any other department or agency of the
Federal Government for the portion of grants made
under this section for the costs of administering any
program for Indians that is funded by appropriations
made to such other department or agency.
‘‘(c) For purposes of this section, the administrative
cost percentage rate for a contract or grant school for a fis-
cal year is equal to the percentage determined by divid-
ing—
‘‘(1) the sum of—
‘‘(A) the amount equal to—
‘‘(i) the direct cost base of the tribe or
tribal organization for the fiscal year, mul-
tiplied by
‘‘(ii) the minimum base rate, plus
556
‘‘(B) the amount equal to—
‘‘(i) the standard direct cost base, mul-
tiplied by
‘‘(ii) the maximum base rate, by
‘‘(2) the sum of—
‘‘(A) the direct cost base of the tribe or trib-
al organization for the fiscal year, plus
‘‘(B) the standard direct cost base.
The administrative cost percentage rate shall be determined
to the 1⁄100 of a decimal point.
‘‘(d)(1)(A) Funds received by a tribe or contract or
grant school as grants under this section for tribal elemen-
tary or secondary educational programs may be combined
by the tribe or contract school into a single administrative
cost account without the necessity of maintaining separate
funding source accounting.
‘‘(B) Indirect cost funds for programs at the school
which share common administrative services with tribal ele-
mentary or secondary educational programs may be in-
cluded in the administrative cost account described in sub-
paragraph (A).
‘‘(2) Funds received as grants under this section with
respect to tribal elementary or secondary education pro-
grams shall remain available to the contract or grant school
without fiscal year limitation and without diminishing the
557
amount of any grants otherwise payable to the school under
this section for any fiscal year beginning after the fiscal
year for which the grant is provided.
‘‘(3) Funds received as grants under this section for
Bureau funded programs operated by a tribe or tribal orga-
nization under a contract or agreement shall not be taken
into 
consideration 
for 
purposes 
of 
indirect 
cost
underrecovery and overrecovery determinations by any Fed-
eral agency for any other funds, from whatever source de-
rived.
‘‘(4) In applying this section and section 106 of the
Indian Self-Determination and Education Assistance Act
with respect to an Indian tribe or tribal organization
that—
‘‘(A) receives funds under this section for admin-
istrative costs incurred in operating a contract school
or a school operated under the Tribally Controlled
Schools Act of 1988, and
‘‘(B) operates 1 or more other programs under a
contract or grant provided under the Indian Self-De-
termination and Education Assistance Act,
the Secretary shall ensure that the Indian tribe or tribal
organization is provided with the full amount of the admin-
istrative costs, and of the indirect costs, that are associated
with operating the contract school, a school operated under
558
the Tribally Controlled Schools Act of 1988, and all of such
other programs, except that funds appropriated for imple-
mentation of this section shall be used only to supply the
amount of the grant required to be provided by this section.
‘‘(e) For purposes of this section—
‘‘(1)(A) The term ‘administrative cost’ means the
costs of necessary administrative functions which—
‘‘(i) the tribe or tribal organization incurs
as a result of operating a tribal elementary or
secondary educational program,
‘‘(ii) are not customarily paid by com-
parable Bureau operated programs out of direct
program funds, and
‘‘(iii) are either—
‘‘(I) normally provided for comparable
Bureau programs by Federal officials using
resources other than Bureau direct program
funds, or
‘‘(II) are otherwise required of tribal
self-determination program operators by
law or prudent management practice.
‘‘(B) The term ‘administrative cost’ may include,
but is not necessarily limited to—
‘‘(i) contract (or other agreement) adminis-
tration;
559
‘‘(ii) executive, policy, and corporate leader-
ship and decisionmaking;
‘‘(iii) program planning, development, and
management;
‘‘(iv) fiscal, personnel, property, and pro-
curement management;
‘‘(v) related office services and record keep-
ing; and
‘‘(vi) costs of necessary insurance, auditing,
legal, safety and security services.
‘‘(2) The term ‘Bureau elementary and second-
ary functions’ means—
‘‘(A) all functions funded at Bureau schools
by the Office of Indian Education Programs of
the Bureau;
‘‘(B) all programs—
‘‘(i) funds for which are appropriated
to other agencies of the Federal Government,
and
‘‘(ii) which are administered for the
benefit of Indians through Bureau schools;
and
‘‘(C) all operation, maintenance, and repair
funds for facilities and government quarters used
in the operation or support of elementary and
560
secondary education functions for the benefit of
Indians, from whatever source derived.
‘‘(3) The term ‘tribal elementary or secondary
educational programs’ means all Bureau elementary
and secondary functions, together with any other Bu-
reau programs or portions of programs (excluding
funds for social services that are appropriated to
agencies other than the Bureau and are expended
through the Bureau, funds for major subcontracts,
construction, and other major capital expenditures,
and unexpended funds carried over from prior years)
which share common administrative cost functions,
that are operated directly by a tribe or tribal organi-
zation under a contract or agreement with the Bu-
reau.
‘‘(4)(A) Except as otherwise provided in this
paragraph, the direct cost base of a tribe or tribal or-
ganization for the fiscal year is the aggregate direct
cost program funding for all tribal elementary or sec-
ondary educational programs operated by the tribe or
tribal organization during—
‘‘(i) the second fiscal year preceding such
fiscal year, or
‘‘(ii) if such programs have not been oper-
ated by the tribe or tribal organization during
561
the 2 preceding fiscal years, the first fiscal year
preceding such fiscal year.
‘‘(B) In the case of Bureau elementary or second-
ary education functions which have not previously
been operated by a tribe or tribal organization under
contract or agreement with the Bureau, the direct cost
base for the initial year shall be the projected aggre-
gate direct cost program funding for all Bureau ele-
mentary and secondary functions to be operated by
the tribe or tribal organization during that fiscal
year.
‘‘(5) The term ‘maximum base rate’ means 50
percent.
‘‘(6) The term ‘minimum base rate’ means 11
percent.
‘‘(7) The term ‘standard direct cost base’ means
$600,000.
‘‘(f)(1) Upon the enactment of the Indian Education
Amendments of 1988, the Secretary shall—
‘‘(A) conduct such studies as may be needed to
establish an empirical basis for determining relevant
factors substantially affecting the required adminis-
trative costs of tribal elementary and secondary edu-
cational programs, using the formula set forth in sub-
section (c), and
562
‘‘(B) a study to determine—
‘‘(i) a maximum base rate which ensures
that the amount of the grants provided under
this section will provide adequate (but not exces-
sive) funding of the administrative costs of the
smallest tribal elementary or secondary edu-
cational programs,
‘‘(ii) a minimum base rate which ensures
that the amount of the grants provided under
this section will provide adequate (but not exces-
sive) funding of the administrative costs of the
largest tribal elementary or secondary edu-
cational programs, and
‘‘(iii) a standard direct cost base which is
the aggregate direct cost funding level for which
the percentage determined under subsection (c)
will—
‘‘(I) be equal to the median between the
maximum base rate and the minimum base
rate, and
‘‘(II) ensure that the amount of the
grants provided under this section will pro-
vide adequate (but not excessive) funding of
the administrative costs of tribal elementary
563
or secondary educational programs closest
to the size of the program.
‘‘(2) The studies required under paragraph (1) shall—
‘‘(A) be conducted in full consultation (in ac-
cordance with section 1130) with—
‘‘(i) the tribes and tribal organizations that
are affected by the application of the formula set
forth in subsection (c), and
‘‘(ii) all national and regional Indian orga-
nizations of which such tribes and tribal organi-
zations are typically members;
‘‘(B) be conducted on-site at a representative sta-
tistical sample of the tribal elementary or secondary
educational programs under a contract entered into
with a nationally reputable public accounting and
business consulting firm;
‘‘(C) take into account the availability of skilled
labor, commodities, business and automatic data
processing services, related Indian preference and In-
dian control of education requirements, and any other
market factors found substantially to affect the ad-
ministrative costs and efficiency of each such tribal
elementary or secondary educational program studied
in order to assure that all required administrative ac-
tivities can reasonably be delivered in a cost effective
564
manner for each such program, given an administra-
tive cost allowance generated by the values, percent-
ages, or other factors found in the studies to be rel-
evant in such formula;
‘‘(D) identify, and quantify in terms of percent-
ages of direct program costs, any general factors aris-
ing from geographic isolation, or numbers of pro-
grams administered, independent of program size fac-
tors used to compute a base administrative cost per-
centage in such formula; and
‘‘(E) identify any other incremental cost factors
substantially affecting the costs of required adminis-
trative cost functions at any of the tribal elementary
or secondary educational programs studied and deter-
mine whether the factors are of general applicability
to other such programs, and (if so) how they may ef-
fectively be incorporated into such formula.
‘‘(3) In carrying out the studies required under this
subsection, the Secretary shall obtain the input of, and af-
ford an opportunity to participate to, the Inspector General
of the Department of the Interior.
‘‘(4) Determinations described in paragraph (2)(C)
shall be based on what is pragmatically possible to do at
each location studied, given prudent management practice,
irrespective of whether required administrative services
565
were actually or fully delivered at these sites, or other serv-
ices were delivered instead, during the period of the study.
‘‘(5) Upon completion of the studies conducted under
paragraph (1), but in no case later than October 1, 1989,
the Secretary shall submit to the Congress a report on the
findings of the studies, together with determinations based
upon such findings that would affect the definitions of terms
used in the formula that is set forth in subsection (c).
‘‘(6) The Secretary shall include in the Bureau’s jus-
tification for each appropriations request for each fiscal
year beginning after fiscal year 1989, a projection of the
overall costs associated with the formula set forth in sub-
section (c) for all tribal elementary or secondary edu-
cational programs which the Secretary expects to be funded
in the fiscal year for which the appropriations are sought.
‘‘(7) For purposes of this subsection, the size of tribal
elementary or secondary educational programs is deter-
mined by the aggregate direct cost program funding level
for all Bureau funded programs which share common ad-
ministrative cost functions.
‘‘(g)(1) There are authorized to be appropriated for
each fiscal year such sums as may be necessary to carry
out the provisions of this section.
‘‘(2) If the total amount of funds necessary to provide
grants to tribes and tribal organizations in the amounts
566
determined under subsection (b) for a fiscal year exceeds
the amount of funds appropriated to carry out this section
for such fiscal year, the Secretary shall reduce the amount
of each grant determined under subsection (b) for such fiscal
year by an amount that bears the same relationship to such
excess as the amount of such grant determined under sub-
section (b) bears to the total of all grants determined under
subsection (b) for all tribes and tribal organizations for such
fiscal year.
‘‘(h)(1) Notwithstanding any other provision of this
section, the amount of the grants provided under this sec-
tion for fiscal year 1989 shall—
‘‘(A) in lieu of being determined under sub-
section (b), be determined for each tribal elementary
or secondary educational program on the same basis
that indirect costs were determined for such programs
for fiscal year 1988, and
‘‘(B) be subject to the provisions of subsection
(d).
‘‘(2) Notwithstanding any other provision of this sec-
tion, the amount of the grant provided under this section
for fiscal year 1990 with respect to each tribal elementary
and secondary educational program that was operated by
a tribe or tribal organization in fiscal year 1989 shall be
equal to—
567
‘‘(A) if the amount of the grant determined
under subsection (b) for fiscal year 1990 with respect
to such program exceeds the amount received by the
tribe or tribal organization with respect to such pro-
gram for administrative costs for fiscal year 1988 (or
fiscal year 1989 if such program was not operated by
the tribe or tribal organization during fiscal year
1988), the sum of—
‘‘(i) such amount received, plus
‘‘(ii) 1⁄3 of the excess of—
‘‘(I) such amount determined under
subsection (b), over
‘‘(II) such amount received, or
‘‘(B) if such amount received exceeds such
amount determined under subsection (b), the excess
of—
‘‘(i) such amount received, over
‘‘(ii) an amount equal to 1⁄3 of the excess
of—
‘‘(I) such amount received, over
‘‘(II) such amount determined under
subsection (b).
‘‘(3) Notwithstanding any other provision of this sec-
tion, the amount of the grants provided under this section
for fiscal year 1991 with respect to each tribal elementary
568
and secondary educational program that was operated by
a tribe or tribal organization in fiscal year 1989 shall be
equal to—
‘‘(A) if the amount of the grant determined
under subsection (b) for fiscal year 1991 with respect
to such program exceeds the amount received by the
tribe or tribal organization with respect to such pro-
gram for administrative costs for fiscal year 1990, the
sum of—
‘‘(i) such amount received, plus
‘‘(ii) 1⁄2 of the excess of—
‘‘(I) such amount determined under
subsection (b), over
‘‘(II) such amount received, or
‘‘(B) if such amount received exceeds such
amount determined under subsection (b), the excess
of—
‘‘(i) such amount received, over
‘‘(ii) an amount equal to 1⁄2 of the excess
of—
‘‘(I) such amount received over,
‘‘(II) such amount determined under
subsection (b).
569
‘‘(i) The provisions of this section shall also apply to
those schools operating under the Tribally Controlled
Schools Act of 1988.
‘‘SEC. 6709. BUDGET PREPARATION AND SUBMISSION.
‘‘(a) For each fiscal year beginning after October 1,
1994, and ending before October 1, 1998, the Secretary shall
enter into an interagency agreement with the Secretary of
Education for the purpose of carrying out this section. The
Secretary shall take such actions as are necessary to trans-
fer information requested by the Secretary of Education or
the entity designated under subsection (b) of this section
needed to carry out this section in a timely and accurate
fashion.
‘‘(b) The Secretary of Education, through the National
Center for Education Statistics, shall prepare and submit
to Congress the study set forth in subsection (c) of this sec-
tion no later than January 20, 1995, and January 20 of
each of the next 3 succeeding years. The Secretary of Edu-
cation shall transmit the report directly and without sub-
stantive amendment to the Secretary of the Interior, the As-
sistant Secretary for Indian Affairs of the Department of
the Interior, and the Committees on Education and Labor
and Appropriations of the House of Representatives and the
Committees on Indian Affairs and Appropriations of the
Senate of the United States.
570
‘‘(c)(1) The National Center for Educational Statistics
(hereinafter referred to as the ‘Center’) shall prepare for
each of the fiscal years covered under subsection (a) of this
section a report on the amount needed to achieve academic
and residential programs set forth in this part for Bureau-
funded schools funded under section 6707. Such study shall
be based on (A) the standards developed and implemented
for Bureau-funded schools under section 6701 and 6702 of
this part or such other standards as may apply to Bureau-
funded contract schools or schools funded under the Tribally
Controlled Schools Act of 1988, (B) the student count and
characteristics of such schools, as determined pursuant to
the formula developed and implemented pursuant to section
6707 of this part for the preceding academic year, adjusted
for any changes in student demographics which the Center
may project, (C) the employee statistics with respect to such
schools for the preceding fiscal year, and (D) such other fac-
tors as the Center may set forth, including but not limited
to age or physical condition of the schools and changes in
isolation.
‘‘(2) Each study shall include a total projected cost for
attaining the standards set forth under paragraph (1), and
shall presume compliance with those standards. Such study
shall also include a projection of the cost for meeting such
standards for each Bureau-funded school. Such study shall
571
also include a report on any shortfall in the amount needed
to fund Bureau-funded schools, as determined by the study
conducted pursuant to this section and the appropriations
amount requested and enacted for the period covered by the
study.
‘‘(d)(1) Within 24 months of the date of enactment of
this Act, the Secretary shall establish within the Office of
Indian Education Programs a Division of Budget Analysis
(hereinafter referred to as the ‘Division’). Such Division
shall be under the direct supervision and control of the Di-
rector of the Office.
‘‘(2) The Division shall have the capacity to conduct
such studies, surveys, or other activities as are necessary
to gather demographic information on Bureau-funded
schools (current and future) and project the amount nec-
essary to provide Indian students in such schools the edu-
cational program set forth in this part.
‘‘(3) The Division shall prepare projections on such
amounts, along with such other information as the Director
of the Office shall require, for each fiscal year beginning
after October 1, 1996. The Director of the Office and the
Assistant Secretary for Indian Affairs shall use such reports
when preparing their annual budget submissions.
572
‘‘SEC. 6710. UNIFORM DIRECT FUNDING AND SUPPORT.
‘‘(a)(1) Within six months after the date of enactment
of this Act, the Secretary shall establish, by regulation
adopted in accordance with section 6719, a system for the
direct funding and support of all Bureau-funded schools.
Such system shall allot funds, in accordance with section
6707. Amounts appropriated for distribution under this
section may be made available under paragraph (2) or
under paragraph (3), as provided in the appropriation Act.
‘‘(2)(A) For the purpose of affording adequate notice
of funding available pursuant to the allotments made by
section 6707, amounts appropriated in an appropriation
Act for any fiscal year shall become available for obligation
by the affected schools on July 1 of the fiscal year in which
they are appropriated without further action by the Sec-
retary, and shall remain available for obligation through
the succeeding fiscal year.
‘‘(B) The Secretary shall, on the basis of the amount
appropriated in accordance with this paragraph—
‘‘(i) publish, on July 1 preceding the fiscal year
for which the funds are appropriated, allotments to
each affected school made under section 6707 of 85
percent of such appropriation; and
‘‘(ii) publish, no later than September 30 of such
preceding fiscal year, the allotments to be made under
section 6707 of the remaining 15 percent of such ap-
573
propriation, adjusted to reflect actual student attend-
ance.
‘‘(3) Notwithstanding any law or regulation, the su-
pervisor of a Bureau school may expend an aggregate of
no more than $35,000 of the amount allotted the school
under section 6707 to acquire supplies and equipment for
the school without competitive bidding if—
‘‘(A) the cost for any single item purchased does
not exceed $10,000;
‘‘(B) the school board approves the procurement;
‘‘(C) the supervisor certifies that the cost is fair
and reasonable;
‘‘(D) the documents relating to the procurement
executed by the supervisor or other school staff cite
this paragraph as authority for the procurement; and
‘‘(E) the transaction is documented in a journal
maintained at the school clearly identifying when the
transaction occurred, what was acquired and from
whom, the prices paid, the quantities acquired, and
any other information the supervisor or school board
considers relevant.
The Director shall be responsible for determining the appli-
cation of this paragraph, including the authorization of
specific individuals to carry out this authority, and shall
574
be responsible for the provision of guidelines on the use of
this authority and adequate training on such guidelines.
‘‘(4) If a sequestration order issued under the Balanced
Budget and Emergency Deficit Control Act of 1985 reduces
the amount of funds available for allotment under section
6707 for any fiscal year by more than 7 percent of the
amount of funds available for allotment under such section
during the preceding fiscal year—
‘‘(A) the Secretary may, notwithstanding any
other provision of law, use—
‘‘(i) funds appropriated for the operation of
any Bureau school that is closed or consolidated,
and
‘‘(ii) funds appropriated for any program
that has been curtailed at any Bureau school,
to fund allotments made under section 6707, and
‘‘(B) the Secretary may waive the application of
the provisions of section 6701(h) with respect to the
closure or consolidation of a school, or the curtailment
of a program at a school, during such fiscal year if
the funds described in clauses (i) and (ii) of subpara-
graph (A) with respect to such school are used to fund
allotments made under section 6707 for such fiscal
year.
575
‘‘(b) In the case of all Bureau schools, allotted funds
shall be expended on the basis of local financial plans which
shall be prepared by the local school supervisor in active
consultation with the local school board for each school, and
the local school board for each school shall have the author-
ity to ratify, reject, or amend such financial plan, and ex-
penditures thereunder, and, on its own determination or
in response to the supervisor of the school, to revise such
financial plan to meet needs not foreseen at the time of
preparation of the financial plan. The supervisor shall pro-
vide the appropriate union representative of the education
employees with copies of proposed draft financial plans and
all amendments or modifications thereto, at the same time
they are submitted to the local school board. The supervisor
of the school may appeal any such action of the local school
board to the appropriate education officer of the Bureau
agency by filing a written statement describing the action
and the reasons the supervisor believes such action should
be overturned. A copy of such statement shall be submitted
to the local school board and such board shall be afforded
an opportunity to respond, in writing, to such appeal. After
reviewing such written appeal and response, the appro-
priate education officer may, for good cause, overturn the
action of the local school board. The appropriate education
officer shall transmit the determination of such appeal in
576
the form of a written opinion to such board and to such
supervisor identifying the reasons for overturning such ac-
tion.
‘‘(c) Funds for self-determination grants under section
103(a)(2) of the Indian Self-Determination and Education
Assistance Act shall not be used for providing technical as-
sistance and training in the field of education by the Bu-
reau unless such services are provided in accordance with
a plan, agreed to by the tribe or tribes affected and the Bu-
reau, under which control of education programs is in-
tended to be transferred to such tribe or tribes within a spe-
cific period of time negotiated under such agreement. The
Secretary may approve applications for funding tribal di-
visions of education and the development of tribal codes of
education from funds appropriated pursuant to section
104(a) of such Act.
‘‘(d) In the exercise of its authority under this section,
a local school board may request technical assistance and
training from the Secretary, and he shall, to the greatest
extent possible, provide such services, and make appropriate
provisions in the budget of the Office for such services.
‘‘(e)(1) A financial plan under subsection (b) for a
school may include, at the discretion of the local adminis-
trator and the school board of such school, a provision for
a summer program of academic and support services for
577
students of the school. Any such program may include ac-
tivities related to the prevention of alcohol and substance
abuse. The Assistant Secretary of Indian Affairs shall pro-
vide for the utilization of any such school facility during
any summer in which such utilization is requested.
‘‘(2) Notwithstanding any other provision of law,
funds authorized under the Act of April 16, 1934 (25 U.S.C.
452 et seq.) and the Indian Education Act may be used
to augment the services provided in each summer program
at the option, and under the control, of the tribe or Indian
controlled school receiving such funds.
‘‘(3) The Assistant Secretary of Indian Affairs, acting
through the Director of the Office of Indian Education Pro-
grams, shall provide technical assistance and coordination
for any program described in paragraph (1) and shall, to
the extent possible, encourage the coordination of such pro-
grams with any other summer programs that might benefit
Indian youth, regardless of the funding source or adminis-
trative entity of any such program.
‘‘(f)(1) From funds allotted to a Bureau school under
section 6707, the Secretary shall, if specifically requested
by the tribal governing body (within the meaning of section
6701(k)), implement any cooperative agreement entered
into between the tribe, the Bureau school board, and the
local public school district which meets the requirements of
578
paragraph (2) and involves the school. The tribe, the Bu-
reau school board, and the local public school district shall
determine the terms of the agreement. Such agreement may
encompass coordination of all or any part of the following:
‘‘(A) Academic program and curriculum, unless
the Bureau school is currently accredited by a State
or regional accrediting entity and would not continue
to be so accredited.
‘‘(B) Support services, including procurement
and facilities maintenance.
‘‘(C) Transportation.
‘‘(2) Each agreement entered into pursuant to the au-
thority provided in paragraph (1) shall confer a benefit
upon the Bureau school commensurate with the burden as-
sumed, though this requirement shall not be construed so
as to require equal expenditures or an exchange of similar
services.
‘‘(g) Any other provision of law notwithstanding,
where there is agreement on such action between the super-
intendent and school board of a B.I.A. funded school, the
product or result of a project conducted in whole or in
major part by a student may be given to that student upon
the completion of said project.
‘‘(h) Notwithstanding any other provision of law,
funds received by Bureau funded schools under this title
579
shall not be considered Federal funds for purposes of meet-
ing a match requirement in any Federal program.
‘‘SEC. 6711. POLICY FOR INDIAN CONTROL OF INDIAN EDU-
CATION.
‘‘(a) It shall be the policy of the the Secretary and the
Bureau, in carrying out the functions of the Bureau, to fa-
cilitate Indian control of Indian affairs in all matters relat-
ing to education.
‘‘(b)(1) All actions under this Act shall be done with
active consultation with tribes.
‘‘(2) The consultation required under paragraph (1)
means a process involving the open discussion and joint de-
liberation of all options with respect to potential issues or
changes between the Bureau and all interested parties. Dur-
ing such discussions and joint deliberations, interested par-
ties (including, but not limited to, tribes and school offi-
cials) shall be given an opportunity to present issues includ-
ing proposals regarding changes in current practices or
programs which will be considered for future action by the
Bureau. All interested parties shall be given an opportunity
to participate and discuss the options presented or to
present other alternatives, with the views and concerns of
the interested parties given effect unless the Secretary deter-
mines, from information educed or presented by the inter-
ested parties during 1 or more of the discussions and delib-
580
erations, that there is a substantial reason for another
course of action. The Secretary shall submit to any Member
of Congress, within 18 days of the receipt of a written re-
quest by such Member, a written explanation of any deci-
sion made by the Secretary which is not consistent with
the views of the interested parties.
‘‘SEC. 6712. EDUCATION PERSONNEL.
‘‘(a)(1) Chapter 51, subchapter III of chapter 53, and
chapter 63 of title 5, United States Code, relating to leave,
pay, and classification, and the sections relating to the ap-
pointment, promotion and removal of civil service employ-
ees, shall not apply to educators or to education positions
(as defined in subsection (n)).
‘‘(2) Paragraph (1) shall take effect 1 year after the
date of enactment of this Act.
‘‘(b) Not later than the effective date of subsection
(a)(2), the Secretary shall prescribe regulations to carry out
this section. Such regulations shall govern—
‘‘(1) the establishment of education positions,
‘‘(2) the establishment of qualifications for edu-
cators,
‘‘(3) the fixing of basic compensation for edu-
cators and education positions,
‘‘(4) the appointment of educators,
‘‘(5) the discharge of educators,
581
‘‘(6) the entitlement of educators to compensa-
tion,
‘‘(7) the payment of compensation to educators,
‘‘(8) the conditions of employment of educators,
‘‘(9) the length of the school year applicable to
education positions described in subsection (n)(1)(A),
‘‘(10) the leave system for educators, and
‘‘(11) such other matters as may be appropriate.
‘‘(c)(1) In prescribing regulations to govern the quali-
fications of educators, the Secretary shall require—
‘‘(A)(i) that lists of qualified and interviewed
applicants for education positions be maintained in
each agency and area office of the Bureau from
among individuals who have applied at the agency or
area level for an education position or who have ap-
plied at the national level and have indicated in such
application an interest in working in certain areas or
agencies; and
‘‘(ii) that a list of qualified and interviewed ap-
plicants for education positions be maintained in the
Office from among individuals who have applied at
the national level for an education position and who
have expressed interest in working in an education
position anywhere in the United States;
582
‘‘(B) that a local school board shall have the au-
thority to waive on a case-by-case basis, any formal
education or degree qualifications established by regu-
lation pursuant to subsection (b)(2), in order for a
tribal member to be hired in an education position to
teach courses on tribal culture and language and that
subject to subsection (d)(2)(A), a determination by a
school board that such a person be hired shall be fol-
lowed by the supervisor; and
‘‘(C) that it shall not be a prerequisite to the em-
ployment of an individual in an education position
at the local level that such individual’s name appear
on the national list maintained pursuant to sub-
section (c)(1)(A)(ii) or that such individual has ap-
plied at the national level for an education position.
‘‘(2) The Secretary may authorize the temporary em-
ployment in an education position of an individual who
has not met the certification standards established pursuant
to regulations, if the Secretary determines that failure to
do so would result in that position remaining vacant.
‘‘(d)(1) In prescribing regulations to govern the ap-
pointment of educators, the Secretary shall require—
‘‘(A)(i) that educators employed in a school
(other than the supervisor of the school) shall be hired
by the supervisor of the school unless there are no
583
qualified applicants available, in which case the va-
cant position shall be filed at the national level from
the 
list 
maintained 
pursuant 
to 
subsection
(c)(1)(A)(ii);
‘‘(ii) each school supervisor shall be hired by the
superintendent for education of the agency office of
the Bureau in which the school is located, and
‘‘(iii) educators employed in an agency office of
the Bureau shall be hired by the superintendent for
education of the agency office;
‘‘(B) that before an individual is employed in an
education position in a school by the supervisor of a
school (or, with respect to the position of supervisor,
by the appropriate agency superintendent for edu-
cation), the local school board for the school shall be
consulted, and that subject to subsection (d)(2), a de-
termination by the school board that such individual
should or should not be so employed shall be followed
by the supervisor (or with respect to the position of
supervisor, by the agency superintendent for edu-
cation); and
‘‘(C) that before an individual may be employed
in an education position at the agency level, the ap-
propriate agency school board shall be consulted, and
that, subject to subsection (d)(3), a determination by
584
such school board that such individual should or
should not be employed shall be followed by the agen-
cy superintendent for education.
‘‘(2)(A) The supervisor of a school may appeal to the
appropriate agency superintendent for education any deter-
mination by the local school board for the school that an
individual be employed, or not be employed, in an edu-
cation position in the school (other than that of supervisor)
by filing a written statement describing the determination
and the reasons the supervisor believes such determination
should be overturned. A copy of such statement shall be sub-
mitted to the local school board and such board shall be
afforded an opportunity to respond, in writing, to such ap-
peal. After reviewing such written appeal and response, the
superintendent may, for good cause, overturn the deter-
mination of the local school board. The superintendent shall
transmit the determination of such appeal in the form of
a written opinion to such board and to such supervisor
identifying the reasons for overturning such determination.
‘‘(B) The superintendent for education of an agency
office of the Bureau may appeal to the Director of the Office
any determination by the local school board for the school
that an individual be employed, or not be employed, as the
supervisor of a school by filing a written statement describ-
ing the determination and the reasons the supervisor be-
585
lieves such determination should be overturned. A copy of
such statement shall be submitted to the local school board
and such board shall be afforded an opportunity to respond,
in writing, to such appeal. After reviewing such written ap-
peal and response, the Director may, for good cause, over-
turn the determination of the local school board. The Direc-
tor shall transmit the determination of such appeal in the
form of a written opinion to such board and to such super-
intendent identifying the reasons for overturning such de-
termination.
‘‘(3) The superintendent for education of an agency of-
fice of the Bureau may appeal to the Director of the Office
any determination by the agency school board that an indi-
vidual be employed, or not be employed, in an education
position in such agency office by filing a written statement
describing the determination and the reasons the supervisor
believes such determination should be overturned. A copy
of such statement shall be submitted to the agency school
board and such board shall be afforded an opportunity to
respond, in writing, to such appeal. After reviewing such
written appeal and response, the Director may, for good
cause, overturn the determination of the agency school
board. The Director shall transmit the determination of
such appeal in the form of a written opinion to such board
586
and to such superintendent identifying the reasons for over-
turning such determination.
‘‘(4) Any individual who applies at the local level for
an education position shall state on such individual’s ap-
plication whether or not such individual has applied at the
national level for an education position in the Bureau. If
such individual is employed at the local level, such individ-
ual’s name shall immediately be forwarded to the Secretary,
who shall, as soon as possible but in no event in more than
thirty days, ascertain the accuracy of the statement made
by such individual pursuant to the first sentence of this
subparagraph. If the individual’s statement is found to have
been false, such individual, at the Secretary’s discretion,
may be disciplined or discharged. If the individual had ap-
plied at the national level for an education position in the
Bureau, if the appointment of such individual at the local
level shall be conditional for a period of ninety days, during
which period the Secretary may appoint a more qualified
individual (as determined by the Secretary) from the list
maintained at the national level pursuant to subsection
(c)(1)(A)(ii) to the position to which such individual was
appointed.
‘‘(5) Except as expressly provided, nothing in this sec-
tion shall be construed as conferring upon local school
boards, authority over, or control of, educators.
587
‘‘(e)(1) In prescribing regulations to govern the dis-
charge and conditions of employment of educators, the Sec-
retary shall require—
‘‘(A) that procedures be established for the rapid
and equitable resolution of grievances of educators;
‘‘(B) that no educator may be discharged without
notice of the reasons therefore and opportunity for a
hearing under procedures that comport with the re-
quirements of due process; and
‘‘(C) educators employed in Bureau schools shall
be notified sixty days prior to the end of the school
year whether their employment contract will be re-
newed for the coming year.
‘‘(2) The supervisor of a Bureau school may discharge
(subject to procedures established under paragraph (1)(B)
for cause (as determined under regulations prescribed by
the Secretary) any educator employed in such school. Upon
giving notice of proposed discharge to an educator, the su-
pervisor involved shall immediately notify the local school
board for the school of such action. A determination by the
local school board that such educator shall not be discharged
shall be followed by the supervisor. The supervisor shall
have the right to appeal such action to the superintendent
for education of the appropriate agency office of the Bureau.
Upon such an appeal, the agency superintendent for edu-
588
cation may, for good cause and in writing to the local school
board, overturn the determination of the local school board
with respect to the employment of such individual.
‘‘(3) Each local school board for a Bureau school shall
have the right (A) to recommend to the supervisor of such
school that an educator employed in the school be dis-
charged, and (B) to recommend to the superintendent of
education of the appropriate agency office of the Bureau
and to the Director of the Office, that the supervisor of the
school be discharged.
‘‘(f)(1) Notwithstanding any provision of the Indian
preference laws, such laws shall not apply in the case of
any personnel action within the purview of this section re-
specting an applicant or employee not entitled to Indian
preference if each tribal organization concerned grants, in
writing, a waiver of the application of such laws with re-
spect to such personnel action, where such a waiver is in
writing deemed to be a necessity by the tribal organization,
except that this shall in no way relieve the Bureau of its
responsibility to issue timely and adequate announcements
and advertisements concerning any such personnel action
if it is intended to fill a vacancy (no matter how such va-
cancy is created).
‘‘(2) For purposes of this subsection, the term ‘tribal
organization’ means—
589
‘‘(A) the recognized governing body of any In-
dian tribe, band, nation, pueblo, or other organized
community, including a Native village (as defined in
section 3(c) of the Alaska Native Claims Settlement
Act (43 U.S.C. 1602(c); 85 Stat. 688)); or
‘‘(B) in connection with any personnel action re-
ferred to in this subsection, any local school board as
defined in section 1139, and which has been delegated
by such governing body the authority to grant a
waiver under such subsection with respect to such per-
sonnel action.
‘‘(3) The term ‘Indian preference laws’ means section
12 of the Act of June 18, 1934 (25 U.S.C. 472; 48 Stat.
986) or any other provision of law granting a preference
to Indians in promotions and other personnel actions, ex-
cept that such term shall not be considered to include section
7(b) of the Indian Self-Determination and Education As-
sistance Act (25 U.S.C. 450e(b); 88 Stat. 2295).
‘‘(g) Subject to the authority of the Civil Service Com-
mission to determine finally the applicability of chapter 51
of title 5, United States Code, to specific positions and em-
ployees in the executive branch, the Secretary shall deter-
mine in accordance with subsection (a)(1) the applicability
or inapplicability of such chapter to positions and employ-
ees in the Bureau.
590
‘‘(h)(1)(A) Except as otherwise provided in this sec-
tion, the Secretary shall fix the basic compensation or an-
nual salary rate for educators and education positions at
rates comparable to the rates in effect under the General
Schedule for individuals with comparable qualifications,
and holding comparable positions, to whom chapter 51 is
applicable or on the basis of the Federal Wage System
schedule in effect for the locality.
‘‘(B) By no later than October 28, 1988, the Secretary
shall establish, for contracts for the 1991–1992 academic
year, and thereafter, the rates of basic compensation, or an-
nual salary rates, for the positions of teachers and coun-
selors (including dormitory counselors and home-living
counselors) at the rates of basic compensation applicable
(on the date of enactment of such Amendments and there-
after) to comparable positions in overseas schools under the
Defense Department Overseas Teachers Pay and Personnel
Practices Act, unless the Secretary establishes such rates
within such 6-month period through collective bargaining
with the appropriate union representative of the education
employees that is recognized by the Bureau.
‘‘(C) By no later than October 28, 1988, the Secretary
shall establish the rates of basic compensation or annual
salary rates for the positions of teachers and counselors (in-
cluding dormitory and home-living counselors)—
591
‘‘(i) for contracts for the 1989–1990 academic
year, at rates which reflect 1⁄3 of the changes in the
rates applicable to such positions on April 28, 1988,
that must be made to conform the rates to the rates
established under subparagraph (B) for such positions
for contracts for the 1991–1992 academic year, and
‘‘(ii) for contracts for the 1990–1991 academic
year, at rates which reflect 2⁄3 of such changes.
‘‘(D) The establishment of rates of basic compensation
and annual salary rates by the Secretary under subpara-
graphs (B) and (C) shall not preclude the use of regulations
and procedures used by the Bureau before the enactment
of the Indian Education Amendments of 1988 in making
determinations regarding promotions and advancements
through levels of pay that are based on the merit, education,
experience, or tenure of the educator.
‘‘(E)(i) Except as provided in clause (ii), the establish-
ment of rates of basic compensation and annual salary
rates by the Secretary under subparagraphs (B) and (C)
shall not affect the continued employment or compensation
of an educator who was employed in an education position
on October 31, 1979, and who did not make the election
under paragraph (2) of subsection (o).
‘‘(ii) Any individual described in clause (i) may, dur-
ing the 5-year period beginning on the date on which the
592
Secretary establishes rates of basic compensation and an-
nual salary rates under subparagraph (B), make an irrev-
ocable election to have the basic compensation rate or an-
nual salary rate of such individual determined in accord-
ance with this paragraph.
‘‘(iii) If an individual makes the election described in
clause (ii), such election shall not affect the application to
the individual of the same retirement system and leave sys-
tem that applies to the individual during the fiscal year
preceding the fiscal year in which such election is made,
except that the individual must use leave accrued during
a contract period by the end of that contract period.
‘‘(F) The President shall include with the budget sub-
mitted under section 1105 of title 31, United States Code,
for each of the fiscal years 1990, 1991, and 1992 a written
statement by the Secretary which specifies—
‘‘(i) the amount of funds the Secretary needs to
pay basic compensation and the annual salaries of
educators for such fiscal year, and
‘‘(ii) the amount of funds the Secretary estimates
would be needed to pay basic compensation and the
annual salaries of educators for such fiscal year if the
amendments made to this paragraph by the Indian
Education Amendments of 1988 had not been enacted.
593
‘‘(2) Each educator employed in an education position
in Alaska shall be paid a cost-of-living allowance equal to
25 per centum of the rate of basic compensation to which
such educator is entitled.
‘‘(3)(A) The Secretary may pay a postdifferential not
to exceed 25 per centum of the rate of basic compensation,
on the basis of conditions of environment or work which
warrant additional pay as a recruitment and retention
incentive.
‘‘(B)(i) Upon the request of the supervisor and the local
school board of a Bureau school, the Secretary shall grant
the supervisor of the school authorization to provide 1 or
more post differentials under subparagraph (A) unless the
Secretary determines for clear and convincing reasons (and
advises the board in writing of those reasons) that certain
of the requested post differentials should be disapproved or
decreased because there is no disparity of compensation for
the involved employees or positions in the Bureau school,
as compared with the nearest public school, that is either—
‘‘(I) at least 5 percent, or
‘‘(II) less than 5 percent and affects the recruit-
ment or retention of employees at the school.
The request under this subparagraph shall be deemed grant-
ed as requested at the end of the 60th day after the request
is received in the Central Office of the Bureau unless before
594
that time it is approved, approved with modification, or
disapproved by the Secretary.
‘‘(ii) The Secretary or the supervisor of a Bureau
school may discontinue or decrease a post differential au-
thorized by reason of this subparagraph at the beginning
of a school year after either—
‘‘(I) the local school board requests that it be dis-
continued or decreased, or
‘‘(II) the Secretary or the supervisor determines
for clear and convincing reasons (and advises the
board in writing of those reasons) that there is no dis-
parity of compensation that would affect the recruit-
ment or retention of employees at the school after the
differential is discontinued or decreased.
‘‘(iii) On or before February 1 of each year, the Sec-
retary shall submit to Congress a report describing the re-
quests and grants of authority under this subparagraph
during the previous fiscal year and listing the positions
contracted under those grants of authority.
‘‘(i) Any individual—
‘‘(1) who on the date of enactment of this Act is
holding a position which is determined under sub-
section (f) to be an education position and who elects
under subsection (o)(2) to be covered under the provi-
sions of this section, or
595
‘‘(2) who is an employee of the Federal Govern-
ment or the municipal government of the District of
Columbia 
and 
is 
transferred, 
promoted, 
or
reappointed, without break in service, from a position
under a different leave system to an education posi-
tion,
shall be credited for the purpose of the leave system provided
under regulations prescribed pursuant to subsection (b)(10),
with the annual and sick leave to his credit immediately
before the effective date of such election, transfer, promotion,
or reappointment.
‘‘(j) Upon termination of employment with the Bu-
reau, any annual leave remaining to the credit of an indi-
vidual within the purview of this section shall be liquidated
in accordance with sections 5551(a) and 6306 of title 5,
United States Code, except that leave earned or accrued
under regulations prescribed pursuant to subsection (b)(10)
shall not be so liquidated.
‘‘(k) In the case of any educator who is transferred,
promoted, or reappointed, without break in service, to a po-
sition in the Federal Government under a different leave
system, any remaining leave to the credit of such person
earned or credited under the regulations prescribed pursu-
ant to subsection (b)(10) shall be transferred to his credit
in the employing agency on an adjusted basis in accordance
596
with regulations which shall be prescribed by the Civil Serv-
ice Commission.
‘‘(l) An educator who voluntarily terminates employ-
ment with the Bureau before the expiration of the existing
employment contract between such educator and the Bureau
shall not be eligible to be employed in another education
position in the Bureau during the remainder of the term
of such contract.
‘‘(m) In the case of any educator employed in an edu-
cation position described in subsection (n)(1)(A) who—
‘‘(1) is employed at the close of a school year,
‘‘(2) agrees in writing to serve in such a position
for the next school year, and
‘‘(3) is employed in another position during the
recess period immediately preceding such next school
year, or during such recess period receives additional
compensation referred to in subsection (g)(2) or
(g)(3), section 5533 of title 5, United States Code, re-
lating to dual compensation, shall not apply to such
educator by reason of any such employment during a
recess period for any such receipt of additional com-
pensation.
‘‘(n) For the purpose of this section—
597
‘‘(1) The term ‘‘education position’’ means a po-
sition in the Bureau the duties and responsibilities of
which—
‘‘(A) are performed on a school-year basis
principally in a Bureau school and involve—
‘‘(i) classroom or other instruction or
the supervision or direction of classroom or
other instruction;
‘‘(ii) any activity (other than teaching)
which requires academic credits in edu-
cational theory and practice equal to the
academic credits in educational theory and
practice required for a bachelor’s degree in
education from an accredited institution of
higher education;
‘‘(iii) any activity in or related to the
field of education notwithstanding that aca-
demic credits in educational theory and
practice are not a formal requirement for
the conduct of such activity; or
‘‘(iv) support services at, or associated
with, the site of the school; or
‘‘(B) are performed at the agency level of
the Bureau and involve the implementation of
598
education-related programs other than the posi-
tion for agency superintendent for education.
‘‘(2) The term ‘‘educator’’ means an individual
whose services are required, or who is employed, in an
education position.
‘‘(o)(1) Subsections (a) through (n) of this section
apply to an educator hired after November 1, 1979 (and
to an educator who elected application under paragraph
(2)) and to the position in which such individual is em-
ployed. Subject to paragraph (2), the enactment of this Act
shall not affect the continued employment of an individual
employed on October 31, 1979 in an education position, or
such individual’s right to receive the compensation attached
to such position.
‘‘(2) Any individual employed in an education posi-
tion on October 31, 1979, may, not later than November
1, 1983, make an irrevocable election to be covered under
the provisions of subsection (a) through (n) of this section.
‘‘(p)(1) An educator who was employed in an edu-
cation position on October 31, 1979, who was eligible to
make an election under paragraph (2) of subsection (o) at
that time, and who did not make the election under para-
graph (2) of subsection (o), may not be placed on furlough
(within the meaning of section 7511(a)(5) of title 5, United
States Code) without the consent of such educator for an
599
aggregate of more than 4 weeks within the same calendar
year, unless—
‘‘(A) the supervisor, with the approval of the
local school board (or of the agency superintendent for
education upon appeal under paragraph (2)), of the
Bureau school at which such educator provides serv-
ices determines that a longer period of furlough is
necessary due to an insufficient amount of funds
available for personnel compensation at such school,
as determined under the financial plan process as de-
termined under section 1129(b) of this Act, and
‘‘(B) all educators (other than principals and
clerical employees) providing services at such Bureau
school are placed on furloughs of equal length, except
that the supervisor, with the approval of the local
school board (or of the agency superintendent for edu-
cation upon appeal under paragraph (2)), may con-
tinue 1 or more educators in pay status if (i) they
are needed to operate summer programs, attend sum-
mer training sessions, or participate in special activi-
ties including (but not limited to) curriculum devel-
opment committees, and (ii) they are selected based
upon their qualifications, after public notice of the
minimum qualifications reasonably necessary and
without discrimination as to supervisory, non-
600
supervisory, or other status of the educators who
apply.
‘‘(2) The supervisor of a Bureau school may appeal
to the appropriate agency superintendent for education any
refusal by the local school board to approve any determina-
tion of the supervisor that is described in paragraph (1)(A)
by filing a written statement describing the determination
and the reasons the supervisor believes such determination
should be approved. A copy of such statement shall be sub-
mitted to the local school board and such board shall be
afforded an opportunity to respond, in writing, to such ap-
peal. After reviewing such written appeal and response, the
superintendent may, for good cause, approve the determina-
tion of the supervisor. The superintendent shall transmit
the determination of such appeal in the form of a written
opinion to such local school board and to the supervisor
identifying the reasons for approving such determination.
‘‘SEC. 6713. MANAGEMENT INFORMATION SYSTEM.
‘‘The Secretary shall establish within the Office, within
1 year after the date of the enactment of the Indian Edu-
cation Amendments of 1984, a computerized management
information system, which shall provide information to the
Office. Such information shall include but shall not be lim-
ited to—
‘‘(1) student enrollment;
601
‘‘(2) curriculum;
‘‘(3) staff;
‘‘(4) facilities;
‘‘(5) community demographics;
‘‘(6) student assessment information; and
‘‘(7) information on the administrative and pro-
gram costs attributable to each Bureau program, di-
vided into discreet elements.
‘‘SEC. 6714. BUREAU EDUCATION POLICIES.
‘‘Within 180 days of the date of enactment of this Act,
the Secretary shall develop, publish in the Federal Register,
and submit to all agency and area offices of the Bureau,
all tribal governments, and the appropriate committees of
the Congress, a draft set of education policies, procedures,
and practices for education-related action of the Bureau.
The Secretary shall, within 1 year of the date of enactment
of this Act, provide that such uniform policies, procedures,
and practices shall be finalized and promulgated. There-
after, such policies, procedures, and practices and their
periodic revisions, shall serve as the foundation for future
Bureau actions in education.
‘‘SEC. 6715. UNIFORM EDUCATION PROCEDURES AND PRAC-
TICES.
‘‘The Secretary shall cause the various divisions of the
Bureau to formulate uniform procedures and practices with
602
respect to such concerns of those divisions as relate to edu-
cation, and shall report such practices and procedures to
the Congress.
‘‘SEC. 6716. RECRUITMENT OF INDIAN EDUCATORS.
‘‘The Secretary shall institute a policy for the recruit-
ment of qualified Indian educators and a detailed plan to
promote employees from within the Bureau. Such plan shall
include opportunities for acquiring work experience prior
to actual work assignment.
‘‘SEC. 6717. ANNUAL REPORT.
‘‘(a) The Secretary shall submit to each appropriate
committee of the Congress a detailed annual report on the
state of education within the Bureau and any problems en-
countered in the field of education during the year. Such
report shall contain suggestions for improving the Bureau
educational system and increasing local Indian control of
such system. Such report shall also include the current sta-
tus of tribally controlled community colleges. The annual
budget submission for the Bureau’s education programs
shall, among other things, include (1) information on the
funds provided previously private schools under section 208
of the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 458d; 88 Stat. 2216) and recommendations
with respect to the future use of such funds; (2) the needs
and costs of operation and maintenance of tribally con-
603
trolled community colleges eligible for assistance under the
Tribally Controlled Community College Assistance Act of
1978 (92 Stat. 1325; 25 U.S.C. 1801 et seq.) and rec-
ommendations with respect to meeting such needs and costs;
and (3) the plans required by section 1121(f), and 1122(c);
and 1125(b) of this Act (25 U.S.C. 2001(f), 2002(c), and
2005(b)).
‘‘(b) The Inspector General of the Department of the
Interior shall establish a system to ensure that financial
and compliance audits are conducted of each Bureau school
at least once in every three years. Audits of Bureau schools
shall be based upon the extent to which such school has com-
plied with its local financial plan under section 1129.
‘‘SEC. 6718. RIGHTS OF INDIAN STUDENTS.
‘‘Within six months of the date of enactment of this
Act, the Secretary shall prescribe such rules and regulations
as are necessary to insure the constitutional and civil rights
of Indian students attending Bureau schools, including, but
not limited to, their right to privacy under the laws of the
United States, their right to freedom of religion and expres-
sion and their right to due process in connection with dis-
ciplinary actions, suspensions, and expulsions.
‘‘SEC. 6719. REGULATIONS.
‘‘Regulations required to be adopted under sections
6706 through 6718 and any revisions of the standards de-
604
veloped under section 6701 or 6702 of this Act shall be
deemed rules of general applicability prescribed for the ad-
ministration of an applicable program for the purposes of
section 431 of the General Education Provisions Act and
shall be promulgated, submitted for congressional review,
and take effect in accordance with the provisions of such
section. Such regulations shall contain, immediately follow-
ing each substantive provision of such regulations, citations
to the particular section or sections of statutory law or other
legal authority upon which such provision is based.
‘‘SEC. 6720. DEFINITIONS.
‘‘For the purpose of this part—
‘‘(1) the term ‘agency school board’ means a
body, the members of which are appointed by the
school boards of the schools located within such agen-
cy, and the number of such members shall be deter-
mined by the Secretary in consultation with the af-
fected tribes, except that, in agencies serving a single
school, the school board of such school shall fulfill
these duties;
‘‘(2) the term ‘Bureau’ means the Bureau of In-
dian Affairs of the Department of the Interior;
‘‘(3) the term ‘Bureau funded school’ means—
‘‘(A) a Bureau school;
‘‘(B) a contract school; or
605
‘‘(C) a school for which assistance is pro-
vided under the Tribally Controlled Schools Act
of 1988;
‘‘(4) the term ‘Bureau school’ means a Bureau
operated elementary or secondary day or boarding
school or a Bureau operated dormitory for students
attending a school other than a Bureau school;
‘‘(5) the term ‘contract school’ means an elemen-
tary or secondary school or a dormitory which re-
ceives financial assistance for its operation under a
contract or agreement with the Bureau under section
102, 103(a), or 208 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450f,
450h(a), and 458d);
‘‘(6) the term ‘education line officer’ means edu-
cation personnel under the supervision of the Direc-
tor, whether located in central, area, or agency offices;
‘‘(7) the term ‘financial plan’ means a plan of
services to be provided by each Bureau school;
‘‘(8) the term ‘grant school’ means a school which
is provided assistance under the Tribally Controlled
Schools Act of 1988;
‘‘(9) the term ‘Indian organization’ means any
group, association, partnership, corporation, or other
legal entity owned or controlled by a federally recog-
606
nized Indian tribe or tribes, or a majority of whose
members are members of federally recognized Indian
tribes;
‘‘(10) the term ‘local educational agency’ means
a board of education or other legally constituted local
school authority having administrative control and
direction of free public education in a county, town-
ship, independent, or other school district located
within a State, and includes any State agency which
directly operates and maintains facilities for provid-
ing free public education;
‘‘(11) the term ‘local school board’, when used
with respect to a Bureau school, means a body chosen
in accordance with the laws of the tribe to be served
or, in the absence of such laws, elected by the parents
of the Indian children attending the school, except
that in schools serving a substantial number of stu-
dents from different tribes, the members shall be ap-
pointed by the governing bodies of the tribes affected;
and the number of such members shall be determined
by the Secretary in consultation with the affected
tribes;
‘‘(12) the term ‘Office’ means the Office of In-
dian Education Programs within the Bureau;
607
‘‘(13) the term ‘Secretary’ means the Secretary of
the Interior;
‘‘(14) the term ‘supervisor’ means the individual
in the position of ultimate authority at a Bureau
school; and
‘‘(15) the term ‘tribe’ means any Indian tribe,
band, nation, or other organized group or community,
including any Alaska Native village or regional or
village corporation as defined in or established pursu-
ant to the Alaska Native Claims Settlement Act (85
Stat. 688) which is recognized as eligible for the spe-
cial programs and services provided by the United
States to Indians because of their status as Indians.
‘‘SEC. 6721. VOLUNTARY SERVICES.
‘‘Notwithstanding section 1342 of title 31, United
States Code, the Secretary may, subject to the approval of
the local school board concerned, accept voluntary services
on behalf of Bureau schools. Nothing in this title shall be
construed to require Federal employees to work without
compensation or to allow the use of volunteer services to
displace or replace Federal employees. An individual pro-
viding volunteer services under this section is a Federal em-
ployee only for purposes of chapter 81 of title 5, United
States Code, and chapter 171 of title 28, United States
Code.
608
‘‘SEC. 6722. PRORATION OF PAY.
‘‘(a) Notwithstanding any other provision of law, in-
cluding laws relating to dual compensation, the Secretary,
at the election of the employee, shall prorate the salary of
an employee employed in an education position for the aca-
demic school-year over the entire twelve month period. Each
educator employed for the academic school-year shall annu-
ally elect to be paid on a twelve month basis or for those
months while school is in session. No educator shall suffer
a loss of pay or benefits, including benefits under unemploy-
ment or other Federal or federally-assisted programs, be-
cause of such election.
‘‘(b) During the course of such year the employee may
change election once.
‘‘(c) That portion of the employee’s pay which would
be paid between academic school years may be paid in lump
sum at the election of the employee.
‘‘(d) For the purposes of this section the terms ‘‘educa-
tor’’ and ‘‘education position’’ have the meaning contained
in section 6712(n)(1) and (n)(2) of this title. This section
applies to those individuals employed under the provisions
of section 6712 of this title or title 5, United States Code.
‘‘SEC. 6723. EXTRACURRICULAR ACTIVITIES.
‘‘(a) Notwithstanding any other provision of law, the
Secretary may provide, for each Bureau area, a stipend in
lieu of overtime premium pay or compensatory time off.
609
Any employee of the Bureau who performs additional ac-
tivities to provide services to students or otherwise support
the school’s academic and social programs may elect to be
compensated for all such work on the basis of the stipend.
Such stipend shall be paid as a supplement to the employ-
ee’s base pay.
‘‘(b) If an employee elects not to be compensated
through the stipend established by this section, the appro-
priate provisions of title 5, United States Code, shall apply.
‘‘(c) This section applies to all Bureau employees,
whether employed under section 6712 of this title or title
5, United States Code.
‘‘SEC. 6724. EARLY CHILDHOOD DEVELOPMENT PROGRAM.
‘‘(a) The Secretary shall provide grants to tribes, tribal
organizations, and consortia of tribes and tribal organiza-
tions to fund early childhood development programs that
are operated by such tribes, organizations, or consortia.
‘‘(b)(1) The total amount of the grants provided under
subsection (a) with respect to each tribe, tribal organiza-
tion, or consortium of tribes or tribal organizations for each
fiscal year shall be equal to the amount which bears the
same relationship to the total amount appropriated under
the authority of subsection (f) for such fiscal year (less
amounts provided under subsection (e)) as—
610
‘‘(A) the total number of children under 6 years
of age who are members of—
‘‘(i) such tribe,
‘‘(ii) the tribe that authorized such tribal
organization, or
‘‘(iii) any tribe that—
‘‘(I) is a member of such consortium,
or
‘‘(II) authorizes any tribal organiza-
tion that is a member of such consortium,
bears to
‘‘(B) the total number of all children under 6
years of age who are members of any tribe that—
‘‘(i) is eligible to receive funds under sub-
section (a),
‘‘(ii) is a member of a consortium that is el-
igible to receive such funds, or
‘‘(iii) authorizes a tribal organization that
is eligible to receive such funds.
‘‘(2) No grant may be provided under subsection (a)—
‘‘(A) to any tribe that has less than 500 mem-
bers,
‘‘(B) to any tribal organization which is author-
ized—
611
‘‘(i) by only 1 tribe that has less than 500
members, or
‘‘(ii) by 1 or more tribes that have a com-
bined total membership of less than 500 mem-
bers, or
‘‘(C) to any consortium composed of tribes, or
tribal organizations authorized by tribes, that have a
combined total tribal membership of less than 500
members.
‘‘(c)(1) A grant may be provided under subsection (a)
to a tribe, tribal organization, or consortia of tribes and
tribal organizations only if the tribe, organization or con-
sortia submits to the Secretary an application for the grant
at such time and in such form as the Secretary shall
prescribe.
‘‘(2) Applications submitted under paragraph (1) shall
set forth the early childhood development program that the
applicant desires to operate.
‘‘(d) The early childhood development programs that
are funded by grants provided under subsection (a)—
‘‘(1) shall coordinate existing programs and may
provide services that meet identified needs of parents
and children under 6 years of age which are not being
met by existing programs, including—
‘‘(A) prenatal care,
612
‘‘(B) nutrition education,
‘‘(C) health education and screening,
‘‘(D) educational testing, and
‘‘(E) other educational services,
‘‘(2) may include instruction in the language,
art, and culture of the tribe, and
‘‘(3) shall provide for periodic assessment of the
program.
‘‘(e) The Secretary shall, out of funds appropriated
under the authority of subsection (f), include in the grants
provided under subsection (a) amounts for administrative
costs incurred by the tribe or tribal organization in estab-
lishing and maintaining the early childhood development
program.
‘‘(f) For the purpose of carrying out the provisions of
this section, there are authorized to be appropriated
$5,000,000 for fiscal year 1995 and such sums as may be
necessary for each of the fiscal years 1996, 1997, 1998, and
1999.
‘‘SEC. 6725. TRIBAL DEPARTMENTS OF EDUCATION.
‘‘(a) Subject to the availability of appropriations, the
Secretary shall provide grants and technical assistance to
tribes for the development and operation of tribal depart-
ments of education for the purpose of planning and coordi-
nating all educational programs of the tribe.
613
‘‘(b) Grants provided under this section shall—
‘‘(1) be based on applications from the governing
body of the tribe,
‘‘(2) reflect factors such as geographic and popu-
lation diversity,
‘‘(3) facilitate tribal control in all matters relat-
ing to the education of Indian children on Indian
reservations and on former Indian reservations in
Oklahoma,
‘‘(4) provide for the development of coordinated
educational programs on Indian reservations (includ-
ing all preschool, elementary, secondary, and higher
or vocational educational programs funded by tribal,
Federal, or other sources) by encouraging tribal ad-
ministrative support of all Bureau funded edu-
cational programs as well as encouraging tribal co-
operation and coordination with all educational pro-
grams receiving financial support from State agen-
cies, other Federal agencies, or private entities,
‘‘(5) provide for the development and enforce-
ment of tribal educational codes, including tribal edu-
cational policies and tribal standards applicable to
curriculum, personnel, students, facilities, and sup-
port programs, and
614
‘‘(6) otherwise comply with regulations for
grants under section 103(a) of the Indian Self-Deter-
mination and Educational Assistance Act (25 U.S.C.
450h) that are in effect on the date application for
such grants are made.
‘‘(c)(1) In approving and funding applications for
grants under this section, the Secretary shall give priority
to any application that—
‘‘(A) includes assurances from the majority of
Bureau funded schools located within the boundaries
of the reservation of the applicant that the tribal de-
partment of education to be funded under this section
will provide coordinating services and technical as-
sistance to all of such schools, including (but not lim-
ited to) the submission to each applicable agency of
a unified application for funding for all of such
schools which provides that—
‘‘(i) no administrative costs other than those
attributable to the individual programs of such
schools will be associated with the unified appli-
cation, and
‘‘(ii) the distribution of all funds received
under the unified application will be equal to the
amount of funds provided by the applicable
615
agency to which each of such schools is entitled
under law,
‘‘(B) includes assurances from the tribal govern-
ing body that the tribal department of education
funded under this section will administer all con-
tracts or grants (except those covered by the other pro-
visions of this title and the Tribally Controlled Com-
munity College Assistance Act of 1978) for education
programs administered by the tribe and will coordi-
nate all of the programs to the greatest extent pos-
sible,
‘‘(C) includes assurances for the monitoring and
auditing by or through the tribal department of edu-
cation of all education programs for which funds are
provided by contract or grant to ensure that the pro-
grams meet the requirements of law, and
‘‘(D) provides a plan and schedule for—
‘‘(i) the assumption over the term of the
grant by the tribal department of education of
all assets and functions of the Bureau agency of-
fice associated with the tribe, insofar as those re-
sponsibilities relate to education, and
‘‘(ii) the termination by the Bureau of such
operations and office at the time of such assump-
tion,
616
but when mutually agreeable between the tribal gov-
erning body and the Assistant Secretary, the period
in which such assumption is to occur may be modi-
fied, reduced, or extended after the initial year of the
grant.
‘‘(2) Subject to the availability of appropriated funds,
grants provided under this section shall be provided for a
period of 3 years and the grant may, if performance by
the grantee is satisfactory to the Secretary, be renewed for
additional 3-year terms.
‘‘(d) The Secretary shall not impose any terms, condi-
tions, or requirements on the provision of grants under this
section that are not specified in this section.
‘‘(e) For the purpose of carrying out the provisions of
this section, there are authorized to be appropriated
$2,000,000 for fiscal year 1995 and such sums as may be
necessary for each of the fiscal years 1996, 1997, 1998, and
1999.
‘‘SEC. 6726. PAYMENTS.
‘‘(a)(1) Except as otherwise provided in this sub-
section, the Secretary shall make payments to grantees
under this part in 2 payments:
‘‘(A) one payment to be made no later than July
1 of each year in an amount equal to one-half of the
617
amount which the grantee was entitled to receive dur-
ing the preceding academic year, and
‘‘(B) the second payment, consisting of the re-
mainder to which the grantee is entitled for the aca-
demic year, shall be made no later than December 1
of each year.
‘‘(2) For any school for which no payment was made
from Bureau funds in the preceding academic year, full
payment of the amount computed for the first academic
year of eligibility under this part shall be made no later
than December 1 of the academic year.
‘‘(3) With regard to funds for grantees that become
available for obligation on October 1 of the fiscal year for
which they are appropriated, the Secretary shall make pay-
ments to grantees no later than December 1 of the fiscal
year.
‘‘(4) The provisions of the Prompt Payment Act (31
U.S.C. 3901 et seq.) shall apply to the payments required
to be made by paragraphs (1), (2), and (3) of this sub-
section.
(b) Paragraph (3) is amended by striking ‘‘Para-
graphs (1) and (2)’’ and inserting in lieu thereof ‘‘Para-
graphs (1), (2), and (3)’’, and is renumbered as paragraph
‘‘(5)’’.
618
‘‘TITLE VII—BILINGUAL
EDUCATION PROGRAMS
‘‘SEC. 7001. SHORT TITLE.
‘‘This title may be cited as the ‘Bilingual Education
Act’.
‘‘SEC. 7002. FINDINGS, POLICY, AND PURPOSE.
‘‘(a) FINDINGS.—The Congress finds that—
‘‘(1) language-minority Americans constitute a
large and growing proportion of the Nation’s popu-
lation;
‘‘(2) language-minority Americans speak vir-
tually all world languages plus many that are indige-
nous to the United States;
‘‘(3) the presence of language-minority Ameri-
cans is related in part to Federal immigration poli-
cies;
‘‘(4) many language-minority Americans are
limited in their English proficiency, and many have
limited education and income;
‘‘(5) limited-English-proficient children and
youth, like all other children and youth, have diverse
educational needs and strengths and therefore require
access to all educational programs and services;
‘‘(6) the Federal Government has a responsibility
for the education of American Indians and a special
619
obligation to Native Alaskans, Native Hawaiians and
native residents of the territories and freely associated
nations to redress the effect of past Federal policies;
‘‘(7) institutions of higher education can assist
in preparing teachers, administrators and other
school personnel to understand and build upon the
educational strengths and needs of language-minority
and culturally diverse student enrollments;
‘‘(8) it is the purpose of this title to help ensure
that limited-English-proficient students master Eng-
lish and develop high levels of academic attainment
in content areas;
‘‘(9) quality bilingual education programs enable
children and youth to learn English and meet high
academic standards including proficiency in more
than one language;
‘‘(10) as the world becomes increasingly inter-
dependent and as international communication be-
comes a daily occurrence in government, business,
commerce, and family life, multilingual skills con-
stitute an important national resource which deserves
protection and development;
‘‘(11) educational technology has the potential
for improving the education of language-minority and
limited-English-proficient students and their families,
620
and the Federal Government should foster this devel-
opment;
‘‘(12) research, development, implementation and
dissemination of effective bilingual education meth-
ods, practices, and programs for limited-English-
proficient children are essential to systemwide school
reform that improves education for all children; and
‘‘(13) a recognized means by which a child
learns is through the use of the child’s native lan-
guage, cultural heritage, and instructional programs
which use and build upon a child’s non-English na-
tive language and cultural heritage to promote parent
and community involvement in education, student
self-esteem, proficiency in English, and subject matter
achievement.
‘‘(b) POLICY.—The Congress declares it to be the policy
of the United States, in order to ensure equal educational
opportunity for all children and youth and to promote edu-
cational excellence, to assist State and local educational
agencies, institutions of higher education, and community-
based organizations to build their capacity to establish, im-
plement, and sustain programs of instruction for language
minority and limited-English-proficient children and
youth.
621
‘‘(c) PURPOSE.—The purpose of this title is to educate
language minority and limited-English-proficient children
and youth to meet the same rigorous standards for academic
performance expected of all children and youth, including
meeting challenging State performance standards in aca-
demic areas by developing—
‘‘(1) systemic improvement and reform of edu-
cational programs serving language-minority and
limited-English-proficient students through the devel-
opment and implementation of exemplary bilingual
education programs and special alternative instruc-
tion programs;
‘‘(2) data collection and dissemination, research,
materials development, and technical assistance which
is focused on school improvement for language-minor-
ity and limited-English-proficient students; and
‘‘(3) programs which strengthen and improve the
professional training of educational personnel who
work with limited-English-proficient and language-
minority students.
‘‘SEC. 7003. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) IN GENERAL.—For the purpose of carrying out
the provisions of this title (except part F), there are author-
ized to be appropriated $215,000,000 for the fiscal year
622
1995 and such sums as may be necessary for each of the
fiscal years 1996, 1997, 1998, and 1999.
‘‘(b) DISTRIBUTION.—From the sums appropriated
under subsection (a) for any fiscal year, the Secretary shall
reserve at least 25 percent for part C of this title.
‘‘SEC. 7004. DEFINITIONS; REGULATIONS:
‘‘(a) GENERAL RULE.—For purposes of this title—
‘‘(1) The term ‘native language’, when used with
reference to an individual, means the language nor-
mally used by such individuals, or, in the case of a
child, the language normally used by the parents of
the child.
‘‘(2) The term ‘language-minority’ means—
‘‘(A) individuals whose native language is
other than English;
‘‘(B) individuals who usually speak a lan-
guage other than English or come from home en-
vironments where a language other than English
is usually spoken; or
‘‘(C) American Indians, Alaskan Natives,
and Native Hawaiians and native residents of
the territories and freely associated nations.
‘‘(3) The term ‘limited-English-proficient’ means
a language-minority person who has difficulty under-
standing, speaking, reading, or writing the English
623
language at a level appropriate to his or her age and
grade and is, thereby, academically disadvantaged in
programs conducted exclusively in English.
‘‘(4) The term ‘bilingual education’ refers to edu-
cational programs for limited-English-proficient stu-
dents which make instructional use of both English
and a student’s native language. Programs of bilin-
gual education must enable limited-English-proficient
students to achieve English proficiency and academic
mastery of subject matter content and higher order
skills, including critical thinking, so as to meet age-
appropriate grade-promotion and graduation stand-
ards in concert with national education goals. Bilin-
gual education programs may also develop the native
language skills of limited-English-proficient students,
or ancestral languages of American Indians, Alaskan
Natives, Native Hawaiians and native residents of the
territories and freely associated nations. English pro-
ficient students may participate in bilingual edu-
cation programs if the programs are designed to en-
able all enrolled students to become proficient in Eng-
lish and a second language.
‘‘(5) The term ‘special alternative instructional
program’ refers to educational programs for limited-
English-proficient students which utilize specially de-
624
signed English language curricula and services but do
not use the student’s native language for instructional
purposes. Special alternative instructional programs
must enable limited-English-proficient students to
achieve English proficiency and academic mastery of
subject matter content and higher order skills, includ-
ing critical thinking so as to meet age-appropriate
grade-promotion and graduation standards in concert
with national education goals. Special alternative in-
structional programs are suitable for schools where
the diversity of the limited-English-proficient stu-
dents’ native languages and the small number of stu-
dents speaking each respective language makes bilin-
gual education impractical and where there is a criti-
cal shortage of bilingual education teachers.
‘‘(6) The term ‘family education programs’ refers
to bilingual education or special alternative instruc-
tional programs designed to help limited-English-pro-
ficient adults and out-of-school youths achieve pro-
ficiency in the English language and to provide in-
struction on how parents and family members can fa-
cilitate the educational achievement of their children.
When feasible, instructional programs such as the
model developed under the Even Start Literacy Pro-
grams that promote adult literacy and train parents
625
to support the educational growth of their children
shall be developed. Programs shall give preference to
participation by parents and immediate family mem-
bers of children attending school. Family education
programs may also provide instruction to facilitate
higher education and employment outcomes.
‘‘(7) The term ‘institution of higher education’
has the meaning given such term in section 1201(a)
of the Higher Education Act of 1965.
‘‘(8) The term ‘Office’ means the Office of Bilin-
gual Education and Minority Languages Affairs.
‘‘(9) The term ‘community college’ has the mean-
ing given such term in section 1201(a) of the Higher
Education Act of 1965 for an institution which pro-
vides not less than a 2-year program which is accept-
able for full credit toward a bachelor’s degree, includ-
ing institutions receiving assistance under the Trib-
ally Controlled Community College Assistance Act of
1978.
‘‘(10) The term ‘paraprofessional’ means an in-
dividual who is employed in preschool or elementary
or secondary school under the supervision of a cer-
tified or licensed teacher, including individuals em-
ployed in bilingual education, special education and
migrant education.
626
‘‘(11) The term ‘other programs for persons of
limited-English-proficiency’ means any programs ad-
ministered by the Secretary that serve persons of lim-
ited-English-proficiency.
‘‘(12) The term ‘community-based organization’
means a private nonprofit organization or Indian
tribe or tribally sanctioned educational authority
which is representative of a community or significant
segments of a community and which provides edu-
cational or related services to individuals in the com-
munity. The term ‘community-based organization’ in-
cludes Native Hawaiian organizations (including Na-
tive Hawaiian education organizations) as defined in
section 4009 of Public Law 100–297).
‘‘(13) The term ‘children and youth’ means indi-
viduals aged 3 through 21.
‘‘(14) The term ‘immigrant children and youth’
means individuals who—
‘‘(A) are aged 3 through 21;
‘‘(B) were not born in any State; and
‘‘(C) have not been attending 1 or more
schools in any 1 or more States for more than
2 full academic years.
‘‘(b) REGULATION RULE.—In developing regulations
under this title, the Secretary shall consult with State and
627
local educational agencies, organizations representing lim-
ited-English-proficient individuals, and organizations rep-
resenting teachers and other personnel involved in bilingual
education.
‘‘(c) PARENTAL NOTIFICATION.—Parents of children
and youth participating in programs assisted under this
title shall be informed of—
‘‘(1) a student’s level of English proficiency, how
it was assessed, the status of a student’s academic
achievement and the implications of a student’s edu-
cational strengths and needs for age and grade appro-
priate academic attainment, promotion, and gradua-
tion;
‘‘(2) what programs are available to meet the
student’s educational strengths and needs and how the
programs differ in content and instructional goals,
and in the case of a disabled student, how the pro-
gram meets the objectives of a student’s individualized
education program;
‘‘(3) the instructional goals of the bilingual edu-
cation or special alternative instructional program,
and how the program will specifically help the lim-
ited-English-proficient student acquire English and
meet age-appropriate standards for grade-promotion
and graduation, including—
628
‘‘(A) the benefits and nature of the bilingual
educational program and of the instructional al-
ternatives; and
‘‘(B) the reasons for the selection of their
child as being in need of bilingual education.
‘‘(4)(A) Parents shall also be informed that they
have the option of declining enrollment of their chil-
dren and youth in such programs and shall be given
an opportunity to do so if they so choose.
‘‘(B) Local educational agencies are not relieved
of any of their obligations under title VI of the Civil
Rights Act of 1964 because parents choose not to en-
roll their children in bilingual education programs.
‘‘(5) Parents must receive, in a manner and
form understandable to them, including, if necessary
and to the extent feasible, in their native language,
the information required by this subsection. At a
minimum, parents must receive—
‘‘(A) timely information about projects
funded under this part; and
‘‘(B) if the parents of participating children
so desire, notice of opportunities for regular
meetings for the purpose of formulating and re-
sponding to recommendations from such parents.
629
‘‘(6) no action may involve the admission or ex-
clusion of students to or from any federally assisted
education program merely on the basis of the sur-
names or language-minority status of such students.
‘‘SEC. 7005. INDIAN AND ALASKAN NATIVE CHILDREN IN
SCHOOLS.
‘‘(a) ELIGIBLE ENTITIES.—For the purpose of carry-
ing out programs under this title for individuals served by
elementary, secondary, or postsecondary schools operated
predominately for Indian or Alaska Native children and
youth, an Indian tribe, a tribally sanctioned educational
authority, or an elementary or secondary school that is op-
erated or funded by the Bureau of Indian Affairs shall be
considered to be a local educational agency as such term
is used in this title, subject to the following qualifications:
‘‘(1) The term ‘Indian tribe’ means any Indian
tribe, band, nation, or other organized group or com-
munity, including any Alaska Native village or re-
gional or village corporation as defined in or estab-
lished pursuant to the Alaska Native Claims Settle-
ment Act (43 U.S.C. 1601 et seq.), that is recognized
for the special programs and services provided by the
United States to Indians because of their status as
Indians.
630
‘‘(2) The term ‘tribally sanctioned educational
authority’ means—
‘‘(A) any department or division of edu-
cation operating within the administrative
structure of the duly constituted governing body
of an Indian tribe; or
‘‘(B) any nonprofit institution or organiza-
tion that is—
‘‘(i) chartered by the governing body of
an Indian tribe to operate any such school
or otherwise to oversee the delivery of edu-
cational services to members of that tribe;
and
‘‘(ii) approved by the Secretary for the
purpose of this section.
‘‘(b) BUREAU OF INDIAN AFFAIRS SCHOOLS.—From
the sums appropriated pursuant to section 7003, the Sec-
retary is authorized to make payments to applicants to
carry out programs of bilingual education or special alter-
native instruction for Indian children served by elementary
and secondary schools operated or funded by the Bureau
of Indian Affairs.
‘‘(c) ANNUAL REPORT.—(1) The Assistant Secretary of
the Interior for the Bureau of Indian Affairs in collabora-
tion with the Secretary shall submit to the Congress, the
631
President, and the Secretary, by September 30 of each year,
a report which provides—
‘‘(A) an assessment of the educational outcomes
and needs of Indian children with respect to the pur-
poses of this title in schools operated or funded by the
Department of the Interior, including tribes and local
educational agencies receiving assistance under the
Johnson-O’Malley Act and the Native American Lan-
guages Act; and
‘‘(B) an assessment of the extent to which such
needs are being met by funds provided to such schools
for educational purposes through the Secretary of the
Interior.
‘‘(2) The results presented in this report shall be in-
cluded in the report under section 7041 of this Act.
‘‘(3) The assessments required under this subsection
shall be waived if such assessments duplicate similar assess-
ment requirements under other Federal or tribal laws.
‘‘SEC. 7006. RESIDENTS OF THE TERRITORIES AND FREELY
ASSOCIATED NATIONS.
‘‘For the purpose of carrying out programs under this
title in Guam and the freely associated nations, the term
‘local educational agency’ shall include public institutions
or agencies whose mission is the preservation and mainte-
nance of native languages.
632
‘‘PART A—BILINGUAL EDUCATION CAPACITY AND
DEMONSTRATION GRANTS
‘‘SEC. 7101. PURPOSE OF GRANTS.
‘‘Grants under this part shall be used to develop the
capacity of local educational agencies, institutions of higher
education, and community-based organizations which pro-
vide educational programs to initiate, develop, enhance or
improve bilingual education or special alternative instruc-
tion programs for children and youth of limited-English-
proficiency.
‘‘SEC. 7102. PROGRAM DEVELOPMENT AND IMPLEMENTA-
TION GRANTS.
‘‘(a) PURPOSE.—The purpose of this section is to de-
velop and implement new comprehensive, coherent, and suc-
cessful bilingual education or special alternative instruc-
tional programs for limited-English-proficient students in-
cluding programs of early childhood education, K–12 edu-
cation, gifted and talented education, and vocational and
applied technology education.
‘‘(b) PROGRAM AUTHORIZED.—
‘‘(1) The Secretary is authorized to make pro-
gram development and implementation grants of up
to $100,000 annually for 3 years with 1 additional
year upon the Secretary’s approval.
633
‘‘(2) Grants approved under this section shall be
used to improve the education of limited-English-pro-
ficient students and their families by—
‘‘(A) developing and implementing com-
prehensive preschool, elementary, or secondary
bilingual education or special alternative in-
structional programs that are coordinated with
other relevant programs and services to meet the
full range of educational needs of limited-Eng-
lish-proficient students; and
‘‘(B) providing in service training to class-
room teachers, administrators, and other school
or community-based organizational personnel to
improve the instruction and assessment of lan-
guage-minority and limited-English-proficient
students.
‘‘(3) Grants approved under this section may be
used to improve the education of limited-English-pro-
ficient students and their families by—
‘‘(A) implementing family education pro-
grams and activities; and
‘‘(B) improving the instructional program
for limited-English-proficient students by up-
grading curriculum, instructional materials, and
634
assessment procedures and, if appropriate, ap-
plying educational technology.
‘‘(c) ELIGIBLE ENTITIES.—A grant may be made
under this section only upon application by one or more
local educational agencies, applying alone or in collabora-
tion with an institution of higher education, community-
based organization or local or State educational agency. A
grant may also be made under this section upon applica-
tion by a community-based organization which is agreed
to by the local educational agency to develop and implement
early childhood education or family education programs or
to conduct an instructional program which supplements the
educational services provided by a local educational agency.
‘‘(d) DISTRIBUTION.—The Secretary shall, to the ex-
tent practicable, award grants equally among early child-
hood education, elementary education, and secondary edu-
cation programs.
‘‘SEC. 7103. PROGRAM ENHANCEMENT PROJECTS.
‘‘(a) PURPOSE.—The purpose of this section is to carry
out highly focused, innovative, locally designed projects to
expand or enhance existing bilingual education or special
alternative instructional programs for limited-English-pro-
ficient students.
‘‘(b) PROGRAM AUTHORIZED.—
635
‘‘(1) The Secretary is authorized to make pro-
gram enhancement project grants of up to $100,000
for 2 years to eligible applicants.
‘‘(2) Grants approved under this section shall be
used for providing in-service training to classroom
teachers, administrators, and other school or commu-
nity-based organization personnel to improve the in-
struction and assessment of language-minority and
limited-English-proficient students.
‘‘(3) Grants approved under this section may be
used for—
‘‘(A) improving the instructional program
for limited-English-proficient students by up-
grading curriculum, instructional materials, and
assessment procedures and, if appropriate, ap-
plying educational technology;
‘‘(B) implementing family education pro-
grams and activities; and
‘‘(C) providing intensified instruction.
‘‘(c) ELIGIBLE ENTITIES.—A grant may be made
under this section only upon application by one or more
local educational agencies, applying alone or in collabora-
tion with an institution of higher education, community-
based organization or local or State educational agency. A
grant also may be made under this section upon applica-
636
tion by a community-based organization which is agreed
to by the local educational agency to enhance early child-
hood education or family education programs or to conduct
an instructional project which supplements the educational
services provided by a local educational agency.
‘‘SEC. 7104. WHOLE-SCHOOL PROGRAMS.
‘‘(a) PURPOSE.—The purpose of this section is to pro-
vide financial assistance to eligible applicants to reform,
restructure, and upgrade all relevant programs and oper-
ations within an individual school to fulfill the comprehen-
sive educational needs of all of a school’s limited-English-
proficient students and their families.
‘‘(b) PROGRAM AUTHORIZED.—
‘‘(1) The Secretary is authorized to make 5-year
grants of up to $100,000 for the first year and up to
$250,000 for each of the subsequent 4 years to eligible
applicants.
‘‘(2) Grants approved under this section shall be
used to improve education of limited-English-pro-
ficient students and their families by reviewing, re-
structuring, and upgrading in-service training for all
school staff and, if appropriate, for community-based
organization personnel.
‘‘(3) Grants approved under this section may be
used to improve the education of limited-English-pro-
637
ficient students and their families by reviewing, re-
structuring, and upgrading—
‘‘(A) the school’s instructional program for
limited-English-proficient 
students 
including
curriculum, instructional materials, and assess-
ment systems, and, if appropriate, the applica-
tion of educational technology;
‘‘(B) family education programs and activi-
ties; and
‘‘(C) intensified instruction.
‘‘(4) During the first year of the grant, a prior-
ity is established in use of funds for preparatory ac-
tivities including planning, training, curriculum de-
velopment, and materials acquisition or development.
‘‘(c) ELIGIBLE ENTITIES.—A grant may be made
under this section only upon application by one or more
local educational agencies, applying alone or in collabora-
tion with an institution of higher education, community-
based organizations or local or State educational agency.
‘‘SEC. 7105. SYSTEM-WIDE IMPROVEMENT GRANTS.
‘‘(a) PURPOSE.—The purpose of this section is to pro-
vide financial assistance to improve, reform, and upgrade
relevant programs and operations with an entire local edu-
cational agency to fulfill the comprehensive educational
638
needs of all the agency’s limited-English-proficient students
and, to the extent feasible, their families.
‘‘(b) PROGRAM AUTHORIZED.—
‘‘(1) The Secretary is authorized to make 5-year
grants of up to $1,000,000 for the first year and up
to $5,000,000 for each of the subsequent 4 years to eli-
gible applicants.
‘‘(2) Grants approved under this section may be
used during the first 12 months exclusively for activi-
ties preparatory to the delivery of services.
‘‘(3) Grants approved under this section may be
used to improve education of limited-English-pro-
ficient students and their families by reviewing, re-
structuring, and upgrading—
‘‘(A) educational goals, curriculum guide-
lines and content, standards and assessments;
‘‘(B) personnel policies and practices in-
cluding recruitment, certification, staff develop-
ment, and assignment;
‘‘(C) student grade-promotion and gradua-
tion requirements;
‘‘(D) student assignment policies and prac-
tices;
‘‘(E) program delivery standards, manage-
ment information and accountability systems;
639
‘‘(F) instructional and extracurricular pro-
grams and services; and
‘‘(G) application of educational technology.
‘‘(c) ELIGIBLE ENTITIES.—A grant may be made
under this section only upon application by one or more
local educational agencies, applying alone or in collabora-
tion with an institution of higher education, community-
based organization or local or State educational agency.
‘‘(d) PRIORITY.—The Secretary shall give priority to
applications from—
‘‘(1) applicants which enroll a large percentage
or large number of limited-English-proficient stu-
dents; and
‘‘(2) consortia of eligible applicants to serve lim-
ited-English-proficient students in rural and linguis-
tically isolated settings.
‘‘SEC. 7106. APPLICATIONS.
‘‘(a) SUBMISSION.—To receive a grant under this part,
applicants shall submit an application to the Secretary in
such form and containing such information as the Sec-
retary may require:
‘‘(1) An application for a grant under this part
shall be developed in consultation with, and shall pro-
vide for the continuing involvement of, an advisory
council which shall be composed of representatives re-
640
sponsible for implementing grant activities and of
parents and other relatives of the children to be served
in such programs; parents shall comprise a majority
of all council members.
‘‘(2) All applicants for grants under this part,
except for those applicants identified in section 7005,
shall submit a copy of the application to the relevant
State educational agency. The State educational
agency may submit to the Secretary written com-
ments on the application with respect to how the ap-
plications further State education improvement plans
including any developed under Goals 2000: Educate
America Act (if such plans exist) or title I of this Act.
If the State educational agency of a State submits
written comments on any application, it must submit
written comment on all applications within that
same grant category from within that State. The Sec-
retary shall take comments into consideration when
funding applications under this part.
‘‘(b) REQUIRED DOCUMENTATION.—Such application
shall include documentation that the applicant has the
qualified personnel required to develop, administer, and im-
plement the proposed program.
‘‘(c) CONTENTS.—(1) An application for a grant under
this part shall contain the following:
641
‘‘(A) A description of the need for the proposed
program, including data on the number of children
and youth of limited-English-proficiency in the school
or district to be served and their characteristics, such
as language spoken, dropout rates, proficiency in
English and the native language, academic standing
in relation to their English proficient peers, and,
where applicable, the recency of immigration.
‘‘(B) A description of the program to be imple-
mented and how its design—
‘‘(i) relates to the linguistic and academic
needs of the children and youth of limited-Eng-
lish-proficiency to be served;
‘‘(ii) is consistent with, and promotes the
goals in, the local educational agency plan under
title III of the Goals 2000: Educate America Act,
if such plan exists, and the local educational
agency’s plan under title I of this Act, particu-
larly as those plans relate to the education of
children and youth of limited-English-pro-
ficiency;
‘‘(iii) involves the parents of the children
and youth of limited-English-proficiency to be
served;
642
‘‘(iv) ensures accountability in the expected
student outcomes; and
‘‘(v) promotes coordination of services for
the children and youth of limited-English-pro-
ficiency to be served and their families.
‘‘(C) A description, if appropriate, of the appli-
cant’s collaborative activities with institutions of
higher education, community-based organizations,
local or State educational agencies, private schools,
nonprofit organizations, or businesses in carrying out
the proposed program.
‘‘(D) An assurance that the applicant will not
reduce the level of State and local funds that it ex-
pends for bilingual education or special alternative
instruction programs if it receives an award under
this part.
‘‘(E) A budget for grant funds.
‘‘(2) An application for a grant under section 7102
or 7104 shall also contain a description of the instructional
program, student services, in-service training, and family
education programs to be provided under the grant.
‘‘(3) An application for a grant under section 7103
shall also contain the following:
643
‘‘(A) A description of the existing bilingual edu-
cation or special alternative instruction program
which the project is designed to enhance.
‘‘(B) A description of the proposed project activi-
ties.
‘‘(4) An application for a grant under section 7105
shall also contain a description of the activities which
would be carried out under the grant.
‘‘(d) APPROVAL OF APPLICATIONS.—An application
for a grant under this part may be approved only if the
Secretary determines that—
‘‘(1) the program will use qualified personnel,
including those personnel who are proficient in the
language or languages used for instruction;
‘‘(2) in designing the program for which appli-
cation is made, the needs of children in nonprofit pri-
vate elementary and secondary schools have been
taken into account through consultation with appro-
priate private school officials and, consistent with the
number of such children enrolled in such schools in
the area to be served whose educational needs are of
the type and whose language and grade levels are of
a similar type that the program is intended to ad-
dress, after consultation with appropriate private
school officials, provision has been made for the par-
644
ticipation of such children on a basis comparable to
that provided for public school children;
‘‘(3) student evaluation and assessment proce-
dures in the program are valid, reliable, and fair for
limited-English-proficient students, and that limited-
English-proficient students who are disabled are iden-
tified and served in accordance with the requirements
of the Individuals with Disabilities Education Act;
‘‘(4) Federal funds made available for the project
or activity will be used so as to supplement the level
of State and local funds that, in the absence of such
Federal funds, would have been expended for special
programs for children of limited-English-proficient
individuals and in no case to supplant such State
and local funds, except that nothing in this para-
graph shall preclude a local educational agency from
using funds under this title for activities carried out
under an order of a court of the United States or of
any State respecting services to be provided such chil-
dren, or to carry out a plan approved by the Sec-
retary as adequate under title VI of the Civil Rights
Act of 1964 with respect to services to be provided
such children;
‘‘(5) the assistance provided under the applica-
tion will contribute toward building the capacity of
645
the applicant to provide a program on a regular
basis, similar to that proposed for assistance, which
will be of sufficient size, scope, and quality to promise
significant improvement in the education of students
of limited-English-proficiency, and that the applicant
will have the resources and commitment to continue
the program when assistance under this title is re-
duced or no longer available;
‘‘(6) the applicant provides for utilization of the
State and national dissemination sources for program
design and in dissemination of results and products.
‘‘(e) SPECIAL CONSIDERATION AND PRIORITIES.—
‘‘(1) Students may participate in any program
receiving funds under this part for the duration of the
program.
‘‘(2) The Secretary shall give priority to applica-
tions which provide for the development of bilingual
proficiency for all participating students.
‘‘(3) Grants for special alternative instructional
programs shall not exceed 25 percent of the funds pro-
vided for any type of grant under any section or of
total funds provided under this part.
‘‘(4) Notwithstanding paragraph (3), the Sec-
retary may award grants for special alternative in-
structional programs if an applicant has dem-
646
onstrated that they cannot develop and implement a
bilingual education program for the following reasons:
‘‘(A) Where the diversity of the limited-Eng-
lish-proficient students’ native languages and the
small number of students speaking each respec-
tive language makes bilingual education imprac-
tical.
‘‘(B) Where, despite documented convincing
efforts, the applicant has not been able to hire
instructional personnel who are able to commu-
nicate in the students’ native language.
‘‘(5) In approving applications under this part,
the Secretary shall give consideration to the degree to
which the program for which assistance is sought in-
volves the collaborative efforts of institutions of higher
education, community-based organizations, the appro-
priate local and State educational agency, or busi-
ness.
‘‘(6) The Secretary shall ensure that projects
funded under this part address the full needs of school
systems of all sizes and geographical areas, including
rural schools.
‘‘(7) The Secretary shall give priority to applica-
tions providing training for personnel participating
in or preparing to participate in the program which
647
will assist them in meeting State and local certifi-
cation requirements and that, to the extent possible,
college or university credit will be awarded for such
training.
‘‘SEC. 7107. INTENSIFIED INSTRUCTION.
‘‘In carrying out this part, each grant recipient may
intensify instruction for limited-English-proficient students
by—
‘‘(1) expanding the educational calendar of the
school in which such student is enrolled to include
programs before and after school and during the sum-
mer months;
‘‘(2) expanding the use of professional and vol-
unteer aids;
‘‘(3) applying technology to the course of instruc-
tion; and
‘‘(4) providing intensified instruction through
supplementary instruction or activities, including
educationally enriching extracurricular activities,
during times when school is not routinely in session.
‘‘SEC. 7108. CAPACITY BUILDING.
‘‘Each recipient of a grant under this part shall use
its grant in ways that will build its capacity to continue
to offer high-quality bilingual and special alternative edu-
cation programs and services to children and youth of lim-
648
ited-English-proficiency once Federal assistance is reduced
or eliminated.
‘‘SEC. 7109. SUBGRANTS.
‘‘A local educational agency that receives a grant
under this part may, with the approval of the Secretary,
make a subgrant to, or enter into a contract with, an insti-
tution of higher education, a non-profit organization, or a
consortium of such entities to carry out an approved pro-
gram, including a program to serve out-of-school youth.
‘‘SEC. 7110. GEOGRAPHIC DISTRIBUTION OF FUNDS.
‘‘To the extent possible, the Secretary shall award
funds under this part throughout the Nation in a manner
that reflects the geographic distribution of children and
youth of limited-English-proficiency.
‘‘SEC. 7111. PROGRAMS IN PUERTO RICO.
‘‘Programs authorized under this title in the Common-
wealth of Puerto Rico may, notwithstanding any other pro-
vision of this title, include programs of instruction, teacher
training, curriculum development, evaluation, and testing
designed for children and youth of limited-Spanish pro-
ficiency.
‘‘SEC. 7112. EVALUATIONS.
‘‘(a) EVALUATION.—Each recipient of funds under this
part shall provide the Secretary with an evaluation, in the
649
form prescribed by the Secretary, of its program every two
years.
‘‘(b) USE OF EVALUATION.—Such evaluation shall be
used by a grantee—
‘‘(1) for program improvement;
‘‘(2) to further define the local program’s goals
and objectives; and
‘‘(3) to determine program effectiveness.
‘‘(c) EVALUATION COMPONENTS.—Evaluations shall
include—
‘‘(1) student outcome indicators that measure
progress toward the performance standards set out in
the State’s plan, either approved or being developed,
under title III of the Goals 2000: Educate America
Act, or, if the State does not have an approved plan
under title III of the Goals 2000: Educate America
Act and is not developing such a plan, with the State
plan approved or being developed under section 1111
of this Act, including data comparing children and
youth of limited-English-proficiency with non-lim-
ited-English-proficient children and youth with re-
gard to school retention, academic achievement, and
gains in English (and, where applicable, native lan-
guage) proficiency;
650
‘‘(2) program implementation indicators that
provide information for informing and improving
program management and effectiveness, including
data on appropriateness of curriculum in relation-
ship to grade and course requirements, appropriate-
ness of program management, appropriateness of the
program’s staff professional development, and appro-
priateness of the language of instruction;
‘‘(3) program context indicators that describe the
relationship of the activities funded under the grant
to the overall school program and other Federal,
State, or local programs serving children and youth
of limited-English-proficiency; and
‘‘(4) such other information as the Secretary
may require.
‘‘PART B—RESEARCH AND DISSEMINATION
‘‘SEC. 7201. USE OF FUNDS.
‘‘The Secretary is authorized to conduct data collec-
tion, dissemination, research, and evaluation activities
through the Office of Bilingual Education and Minority
Languages Affairs for the purpose of improving bilingual
education and special alternative instruction programs for
children and youth of limited-English-proficiency.
651
‘‘SEC. 7202. RESEARCH.
‘‘(a) RESEARCH ACTIVITIES.—The Secretary shall
support through competitive grants contracts and coopera-
tive agreements to institutions of higher education, non-
profit and for-profit organizations, and local and State
educational agencies, funds for research with a practical
application to teachers, counselors, paraprofessionals, school
administrators, parents, and others involved in improving
the education of limited-English-proficient students and
their families.
‘‘(b) AUTHORIZED ACTIVITIES.—
‘‘(1) The Secretary may conduct research activi-
ties that include—
‘‘(A) identifying criteria for the establish-
ment, use and monitoring of local, State, or na-
tional education goals, content, performance and
delivery standards, and assessments for all stu-
dents that provide for appropriate, valid, reli-
able, and fair participation by limited-English-
proficient and language-minority students;
‘‘(B) identifying determinants of appro-
priate high quality secondary school programs
for limited-English-proficient students, and high
quality curriculum-related instructional mate-
rials;
652
‘‘(C) identifying determinants of appro-
priate high quality early childhood development
programs for limited-English-proficient children,
including families, and appropriate high quality
materials;
‘‘(D) studies to identify models of effective
program coordination that support students
while in transition to English language class-
rooms that develop and maintain high levels of
proficiency in the native languages and English;
‘‘(E) studies of effective curricula and in-
structional strategies for the development and
maintenance of high levels of student proficiency
in both their native language and English, in-
cluding the role of family, community, and ca-
reer contexts;
‘‘(F) identification of strategies for effective
participation by limited-English-proficient par-
ents in their children’s education for attainment
of educational excellence;
‘‘(G) identifying methods of improving clas-
sification, placement, and services to limited-
English-proficient students including, but not
limited to their participation in early childhood
development programs, title I, special education,
653
foreign language education, and gifted and tal-
ented education;
‘‘(H) identification of methods for effective
delivery of bilingual education to rural schools
and in the less-commonly-taught languages using
educational technology and electronic commu-
nications networks;
‘‘(I) identification of trends in demand for
language skills and of career opportunities for
individuals with high levels of proficiency in
English and a second language; and
‘‘(J) establishing through the National Cen-
ter for Education Statistics and in consultation
with the Office of Bilingual Education and Mi-
nority Languages Affairs, and experts in bilin-
gual education, second language acquisition and
English-as-a-second language, a common defini-
tion of ‘limited-English-proficient student’ for
purposes of national data collection.
‘‘(c) FIELD-INITIATED
RESEARCH.—The Secretary
shall reserve at least 5 percent of the funds available under
this section for field-initiated research by current or recent
recipients of grants under parts A or C of this title. Re-
search must be conducted by current grant recipients or by
former recipients who have received such grants within the
654
previous 5 years. Field-initiated research may provide for
longitudinal studies of students or teachers in bilingual
education, monitoring the education of such students from
entry in bilingual education through high school comple-
tion. Applicants may submit an application for field-initi-
ated research at the same time as applications are submit-
ted under part A or part C. The Secretary shall complete
a review of such applications on a timely basis to allow
research and program grants to proceed in coordination
where appropriate.
‘‘(d) CONSULTATION.—The Secretary shall consult
with agencies and organizations that are engaged in bilin-
gual education research and practice, or related research,
and bilingual education researchers and practitioners to
identify areas of study and activities to be funded under
this section.
‘‘(e) COORDINATION.—Research activities supported
under this section—
‘‘(1) shall be carried out in consultation with the
Office of Educational Research and Improvement to
ensure that such activities are coordinated with and
enhance the research and development activities sup-
ported by the Office; and
‘‘(2) may include collaborative research activities
which are jointly funded and carried out by the Office
655
of Bilingual Education and Minority Language Af-
fairs and the Office of Educational Research and Im-
provement.
‘‘(f) DATA COLLECTION.—The Secretary shall provide
for the continuation of data collection on limited-English-
proficient students as part of the data systems operated by
the Department.
‘‘SEC. 7203. ACADEMIC EXCELLENCE AWARDS.
‘‘(a) AWARDS.—The Secretary may make grants to,
and enter into contracts and cooperative agreements with,
State and local educational agencies, nonprofit organiza-
tions, and institutions of higher education to promote the
adoption and implementation of bilingual education, spe-
cial alternative instruction programs, and professional de-
velopment programs that demonstrate great promise of as-
sisting children and youth of limited-English-proficiency to
meet challenging State standards.
‘‘(b) APPLICATIONS.—(1) An entity desiring to receive
an award under this section shall submit an application
to the Secretary in such form, at such time, and containing
such information and assurances as the Secretary may re-
quire.
‘‘(2) The Secretary shall use a peer review process,
using effectiveness criteria that the Secretary shall establish,
to review applications under this section.
656
‘‘(c) USE OF FUNDS.—Funds under this section shall
be used to enhance the capacity of States and local edu-
cation agencies to provide high quality academic programs
for children and youth of limited-English-proficiency,
which may include—
‘‘(1) completing the development of such pro-
grams;
‘‘(2) professional development of staff participat-
ing in bilingual education programs;
‘‘(3) sharing strategies and materials; and
‘‘(4) supporting professional networks.
‘‘(d) COORDINATION.—Recipients of funds under this
section shall coordinate their activities with those carried
out by comprehensive technical assistance centers under
title II of this Act.
‘‘SEC. 7204. STATE GRANT PROGRAM.
‘‘(a) STATE GRANT PROGRAM.—The Secretary is au-
thorized to make an award to a State educational agency
that demonstrates, to the satisfaction of the Secretary, that
its approved plan under title III of the Goals 2000: Educate
America Act, if such plan exists, or, if such plan does not
exist, its plan under title I of this Act, effectively provides
for the education of children and youth of limited-English-
proficiency within the State.
657
‘‘(b) PAYMENTS.—The amount paid to a State edu-
cational agency under subsection (a) shall not be less than
$100,000 nor greater than 5 percent of the total amount
awarded to local educational agencies within the State
under part A of this title for the previous fiscal year.
‘‘(c) USE OF FUNDS.—(1) A State educational agency
shall use funds for programs authorized by this section to—
‘‘(A) assist local educational agencies in the
State with program design, capacity building, assess-
ment of student performance, and program evalua-
tion; and
‘‘(B) collect data on the State’s language-minor-
ity and limited English-proficient populations and
the educational programs and services available to
these populations.
‘‘(2) The State educational agency may also use funds
for the training of State educational agency personnel in
educational issues affecting limited-English-proficient chil-
dren and youth.
‘‘(3) Recipients of awards under this section shall not
restrict the provision of services under this section to feder-
ally-funded programs.
‘‘(d) STATE CONSULTATION.—A State educational
agency receiving funds under this section shall consult with
recipients of grants under this title and other individuals
658
or organizations involved in the development or operation
of programs serving limited-English-proficient children or
youth to ensure that funds are used in a manner consistent
with the requirements of this title.
‘‘(e) APPLICATIONS.—A State educational agency de-
siring to receive an award under this section shall submit
an application to the Secretary in such form, at such time,
containing such information and assurances as the Sec-
retary may require.
‘‘(f) SUPPLEMENT
NOT
SUPPLANT.—Funds made
available under this section for any fiscal year shall be used
by the State educational agency to supplement and, to the
extent practical, to increase to level of funds that would,
in the absence of such funds, be made available by the State
for the purposes described in this section, and in no case
to supplant such funds.
‘‘(g) REPORT TO THE SECRETARY.—State educational
agencies receiving grants under this section shall provide
for the annual submission of a summary report to the Sec-
retary containing information on such matters as the Sec-
retary shall, by regulation, determine necessary and proper
to achieve the purposes of this title, including information
on State capacity and progress in meeting the education
needs of all limited-English-proficient children, plans for
additional action, the effect of standards and assessments
659
in improving their education. Such reports shall be in such
form and shall be submitted on such date as the Secretary
shall specify by regulation.
‘‘SEC. 7205. NATIONAL CLEARINGHOUSE FOR BILINGUAL
EDUCATION.
‘‘(a) ESTABLISHMENT.—The Secretary shall establish
and support the operation of a National Clearinghouse for
Bilingual Education, which shall collect, analyze, syn-
thesize, and disseminate information about bilingual edu-
cation and related programs.
‘‘(b) FUNCTIONS.—The National Clearinghouse for Bi-
lingual Education shall—
‘‘(1) be administered as an adjunct clearinghouse
of the ERIC system of clearinghouses supported by the
Office of Educational Research and Improvement;
‘‘(2) coordinate its activities with Federal data
and information clearinghouses and dissemination
networks and systems; and
‘‘(3) develop a data base management and mon-
itoring system for improving the operation and effec-
tiveness of funded programs.
‘‘SEC. 7206. INSTRUCTIONAL MATERIALS DEVELOPMENT.
‘‘The Secretary may provide grants for the develop-
ment, publication and dissemination of high quality in-
structional materials in Native American, Native Hawai-
660
ian and other languages for which instructional materials
are not readily available. The Secretary shall give priority
to the development of instructional materials in languages
indigenous to the United States, its territories, and freely
associated nations. The Secretary shall also accord priority
to applications which provide for developing and evaluating
materials in collaboration with activities under parts A
and C of this title and which are consistent with national
and State content standards.
‘‘SEC. 
7207. 
EVALUATION 
ASSISTANCE 
CENTERS 
AND
MULTIFUNCTIONAL RESOURCE CENTERS.
‘‘(a) TRANSITION.—The Secretary shall extend grants
or contracts for Evaluation Assistance Centers and
Multifunctional Resource Centers that are in effect on the
date of enactment of the Improving America’s School Act
through fiscal year 1996.
‘‘(b) CONTINUITY OF SERVICES.—(1) The Secretary
shall ensure that the comprehensive regional technical as-
sistance centers authorized under title II of this Act provide
services which are at least equal in volume, scope, and qual-
ity to those provided by Evaluation Assistance Centers and
Multifunctional Resource Centers.
‘‘(2) The Secretary shall ensure that the comprehensive
regional technical assistance centers authorized under title
II of this Act, as amended by the Improving America’s
661
School Act, provide services which enable children and
youth of limited-English-proficiency to meet challenging
State and National standards.
‘‘(3) The Secretary shall ensure that the comprehensive
technical assistance centers authorized under title II of this
Act are established with consideration given to the geo-
graphic and linguistic distribution of children and youth
of limited-English-proficiency.
‘‘(c) GIFTS, BEQUESTS, AND DEVISES.—The entities
may accept (but not solicit), use, and dispose of gifts, be-
quests, or devises of services or property, both real and per-
sonal for the purpose of aiding or facilitating the work of
entities under this section. Gifts, bequests, or devises of
money and proceeds from sales of other property received
as gifts, bequests or devises shall be deposited in the Treas-
ury and shall be available for disbursement upon order of
the national clearinghouse on bilingual education, the Eval-
uation and Assistance Center or Multifunctional Resource
Center, respectively.
‘‘PART C—BILINGUAL EDUCATION TEACHER
TRAINING
‘‘SEC. 7301. PURPOSE.
‘‘The purpose of this part is to assist in preparing edu-
cators to improve the delivery of educational services to lan-
guage-minority and limited-English-proficient children
662
and youth. This part supports the training of all edu-
cational personnel to serve more effectively limited-English-
proficient students. The goal of this part is to provide for
the training of not less than 50,000 teachers who meet pro-
fessional preparation and certification standards for bilin-
gual education teachers by the year 2000.
‘‘SEC. 7302. TRAINING FOR ALL TEACHERS PROGRAM.
‘‘(a) PURPOSE.—The purpose of this section is to pro-
vide for the incorporation of courses and curricula on ap-
propriate and effective instructional and assessment meth-
odologies, strategies and resources specific to limited-Eng-
lish-proficient and language-minority students into edu-
cation personnel preparation programs for teachers, coun-
selors, administrators and other education personnel.
‘‘(b) AUTHORIZATION.—The Secretary shall award
grants for up to 5 years to institutions of higher education,
local educational agencies, and State educational agencies
or to nonprofit organizations which have entered into con-
sortia arrangements with one of such institutions, agencies,
or organizations.
‘‘(c) PERMISSIBLE ACTIVITIES.—Activities conducted
under this section may include the development of training
programs in collaboration with training under titles I and
II of this Act, the Head Start Act, and other relevant pro-
grams.
663
‘‘(d) PRIORITY.—The Secretary shall give priority to
applications from institutions of higher education which
currently operate, with full-time tenured faculty, programs
to prepare educators and administrators to work with lan-
guage-minority and limited-English-proficient students in
bilingual education settings and from institutions of higher
education which are attempting to start bilingual teacher
training programs if such institutions demonstrate a sig-
nificant commitment in financial and human resources, in-
cluding cash and in-kind. The Secretary shall give special
consideration to applications for such programs which pro-
vide training of secondary school teachers or early childhood
development teachers. Such special consideration would not
disallow the funding of applications for exemplary pro-
grams for the training of elementary school teachers.
‘‘SEC. 7303. BILINGUAL EDUCATION TEACHERS AND PER-
SONNEL GRANTS.
‘‘(a) PURPOSE.—The purpose of this section is to pro-
vide for degree programs to prepare new bilingual edu-
cation teachers, administrators, counselors, and other edu-
cational personnel to meet high professional standards for
bilingual education teachers and to increase the availability
of educators to provide high quality education limited-Eng-
lish-proficient students.
664
‘‘(b) AUTHORIZATION.—The Secretary shall award
grants for up to 5 years to institutions of higher education
in consortia with local or State educational agencies.
‘‘SEC. 7304. BILINGUAL EDUCATION CAREER LADDER PRO-
GRAM.
‘‘(a) PURPOSE.—The purpose of this section is to up-
grade the qualifications and skills of non-certified edu-
cational personnel, especially educational paraprofes-
sionals, to meet high professional standards, including cer-
tification and licensure as bilingual education teachers and
other educational personnel who serve limited-English-pro-
ficient students, through collaborative training programs
operated by institutions of higher education and local and
State educational agencies. Grants for programs under this
section may also provide for collaborative programs oper-
ated by institutions of higher education and secondary
schools which are designed to recruit and train secondary
school students as bilingual education teachers and other
educational personnel to serve limited-English-proficient
students.
‘‘(b) AUTHORIZATION.—The Secretary shall award
grants of up to 5 years for bilingual education career ladder
programs to institutions of higher education applying in
consortia with local or State educational agencies; consortia
665
may include community-based organizations or profes-
sional education organizations.
‘‘(c) ACTIVITIES.—Grants funded under this section
may—
‘‘(1) include the development of bilingual edu-
cation career ladder program curricula appropriate
to the needs of the consortium participants;
‘‘(2) provide assistance for stipends and costs re-
lated to tuition, fees and books for enrolling in courses
required to complete degree and certification require-
ments as bilingual education teachers; and
‘‘(3) include programs to introduce secondary
school students to careers in bilingual education
teaching that are coordinated with other activities
under this program.
‘‘(d) SPECIAL CONSIDERATION.—The Secretary shall
give special consideration to applications under this section
which provide for—
‘‘(1) participant completion of baccalaureate and
masters degree teacher education programs, certifi-
cation and may include effective employment place-
ment activities;
‘‘(2) development of teacher proficiency in Eng-
lish and a second language, including required dem-
666
onstration of proficiency in the instructional use of
English and a second language in classroom contexts;
‘‘(3) coordination with Trio, the Teacher Corps,
National Community and Service Trust Act, Mini
Corps, and other programs for the recruitment and
retention of bilingual students in secondary and post-
secondary programs to train as bilingual educators;
and
‘‘(4) the applicant’s contribution of additional
student financial aid to participating students.
‘‘SEC. 7305. GRADUATE FELLOWSHIPS IN BILINGUAL EDU-
CATION PROGRAM.
‘‘(a) AUTHORIZATION.—The Secretary may award fel-
lowships for masters, doctoral, and post-doctoral study re-
lated to instruction of children and youth of limited-Eng-
lish-proficiency in such areas as teacher training, program
administration, research and evaluation, and curriculum
development, and for the support of dissertation research
related to such study. For fiscal year 1994 not less than
500 fellowships leading to a masters or doctorate degree
shall be awarded under this section, rising each subsequent
year of this authorization by not less than 50. The Secretary
shall include information on the operation and the number
of fellowships awarded under the fellowship program in the
report required under section 7401 of this title.
667
‘‘(b) FELLOWSHIP REQUIREMENTS.—(1) Any person
receiving a fellowship under this section shall agree to—
‘‘(A) work in an activity related to the program
or in an activity such as those authorized under this
title, including work as a bilingual education teacher,
for a period of time equivalent to the period of time
during which such person receives assistance under
this title; or
‘‘(B) repay such assistance.
‘‘(2) The Secretary shall establish in regulations such
terms and conditions for such agreement as the Secretary
deems reasonable and necessary and may waive the require-
ment of paragraph (1) in extraordinary circumstances.
‘‘(c) The Secretary may give priority to institutions
of higher education that demonstrate experience in assisting
fellowship recipients find employment in the field of bilin-
gual education.
‘‘SEC. 7306. APPLICATIONS.
‘‘(a) IN GENERAL.—Each applicant or consortium
that desires to receive a grant under this part shall submit
an application to the Secretary and the State educational
agency or State board for higher education as appropriate,
at such time and in such manner as the Secretary shall
prescribe. The application shall demonstrate integration,
where appropriate, with the State and local plans, if such
668
plans exist, for serving limited-English-proficient students.
The State and local educational agency, and where applica-
ble the State board for higher education, may comment in
writing on the application indicating how the application
furthers State education reform activities, including the
provision of appropriate high quality education to all lan-
guage minority students. If the State educational agency
or State Board for Higher Education submits comments on
any application, it shall submit comments on all. The Sec-
retary shall take any written comments that have been
made into consideration when considering applications
under this part.
‘‘(b) ELIGIBLE ENTITIES.—
‘‘(1) A grant may be made under this part upon
application of an institution of higher education, ap-
plying individually or jointly with one or more local
educational agencies, nonprofit organizations, or
State educational agencies.
‘‘(2) The Secretary shall provide for outreach
and technical assistance to institutions of higher edu-
cation eligible under title III of the Higher Education
Act and institutions of higher education that are op-
erated or funded by the Bureau of Indian Affairs to
facilitate their participation in activities under this
part.
669
‘‘(3) In making grants under this part, the Sec-
retary shall, consistent with subsection (d), ensure
adequate representation of Hispanic serving institu-
tions that demonstrate competence and experience in
the programs and activities authorized under this
title and are otherwise qualified.
‘‘(c) APPLICATION REQUIREMENTS FOR BILINGUAL
TEACHER TRAINING PROGRAMS.—The application shall
demonstrate integration, where appropriate, with the State
plan, if one exists, for serving limited-English-proficient
students.
‘‘(d) PREFERENCE IN ASSISTANCE AND PURPOSE OF
TRAINING.—
‘‘(1) In making a grant under this part the Sec-
retary shall give preference to programs which—
‘‘(A) include tenured faculty in bilingual
education, and
‘‘(B) and for institutions of higher edu-
cation which are attempting to start bilingual
teacher training programs if such institutions
demonstrate a significant commitment in finan-
cial and human resources, including cash and
in-kind.
‘‘(C) provide additional resources for such
training from other sources.
670
‘‘(2) In making grants under sections 7302, 7303
and 7304, the Secretary shall give special consider-
ation to programs that ensure that individuals com-
pleting such programs demonstrate proficiency in
English and a second language.
‘‘SEC. 7307. PROGRAM REQUIREMENTS.
‘‘Activities conducted under this part shall assist edu-
cational personnel in meeting State and local certification
requirements for bilingual education and, wherever possible,
shall award college or university credit.
‘‘SEC. 7308. STIPENDS.
‘‘The Secretary shall provide for the payment of such
stipends (including allowances for subsistence and other ex-
penses for such persons and their dependents), as the Sec-
retary determines to be appropriate, to persons participat-
ing in training programs under this part.
‘‘SEC. 7309. PROGRAM EVALUATIONS UNDER PART C.
‘‘Each recipient of funds under part C of this title shall
provide the Secretary with an evaluation of its program
every two years. Such evaluation shall include data on—
‘‘(1) post-program placement of persons trained;
‘‘(2) how the training relates to the employment
of persons served by the program;
‘‘(3) program completion; and
671
‘‘(4) such other information as the Secretary
may require.
‘‘PART D—ADMINISTRATION
‘‘SEC. 7401. OFFICE OF BILINGUAL EDUCATION AND MINOR-
ITY LANGUAGE AFFAIRS.
‘‘(a) ESTABLISHMENT.—There shall be, in the Depart-
ment of Education, an Office of Bilingual Education and
Minority Languages Affairs through which the Secretary
shall carry out functions relating to bilingual education.
‘‘(b) DIRECTOR.—(1) The Office shall be headed by a
Director of Bilingual Education and Minority Languages
Affairs, appointed by the Secretary, to whom the Secretary
shall delegate all delegable functions relating to bilingual
education. The Director shall also be assigned responsibility
for recommending improvements and providing technical
assistance to other Federal programs serving language-mi-
nority and limited-English-proficient students and their
families and for assisting the Assistant Secretary of the Of-
fice of Educational Research and Improvement in identify-
ing research priorities which reflect the needs of language-
minority and limited-English language proficient students.
‘‘(2) The Office shall be organized as the Director de-
termines to be appropriate in order to carry out such func-
tions and responsibilities effectively.
672
‘‘(3) The Secretary shall ensure that limited-English-
proficient and language-minority students are included in
ways that are valid, reliable and fair under all standards
and assessment development conducted or funded by the De-
partment.
‘‘(c) REPORT.—The Director shall prepare and, not
later than February 1 of every other year, shall submit to
Congress, the President, the Governors, and the clearing-
house a report on—
‘‘(1) the activities carried out under this title
and their effectiveness in improving the education
provided to limited-English-proficient children and
youth;
‘‘(2) a critical synthesis of data reported by the
States pursuant to section 7204;
‘‘(3) an estimate of the number of certified bilin-
gual education personnel in the field and an estimate
of the number of bilingual education teachers which
will be needed for the succeeding 5 fiscal years;
‘‘(4) the major findings of research carried out
under this title; and
‘‘(5) recommendations for further developing the
capacity of our Nation’s schools to educate effectively
limited-English-proficient students.
673
‘‘(d) ASSESSMENT
OF GATEWAY EDUCATION.—The
Secretary shall prepare a report on the education of all stu-
dents who reside near the United States border with Can-
ada and Mexico or areas or communities which serve as
a gateway for immigrants to the United States. Gateway
communities shall include Hawaii, the Commonwealth of
Puerto Rico, as well as the territories and freely associated
nations. The report shall identify trends in student and out-
of-school youth immigration trends, appropriate procedures
for the international transfer of records, the language pro-
ficiency of students living in border and gateway areas, and
opportunities for teacher exchange. Such efforts shall be co-
ordinated with other ongoing efforts in this area. A prelimi-
nary report on these issues shall be provided to the Congress
not later than 2 years after the enactment of this Act. The
final report including policy proposals for improvements
in these areas shall be provided to Congress and the Presi-
dent not later than October 21, 1997.
‘‘(e) COORDINATION WITH RELATED PROGRAMS.—In
order to maximize Federal efforts aimed at serving the edu-
cational needs of children and youth of limited-English pro-
ficiency, the Secretary shall coordinate and ensure close co-
operation with other programs serving language-minority
and limited-English-proficient students that are adminis-
tered by the Department of Education and other agencies.
674
The Secretary shall consult with the Secretary of Labor, the
Secretary of Health and Human Services, the Secretary of
Agriculture, Attorney General and other relevant agencies
to identify and eliminate barriers to appropriate coordina-
tion of programs that affect language-minority and limited-
English-proficient students and their families. The Sec-
retary shall provide for continuing consultation and col-
laboration between Office and relevant programs operated
by the Department, including title I and other programs
in this Act, in planning, contracts, providing joint tech-
nical assistance, providing joint field monitoring activities
and in other relevant activities to ensure effective program
coordination to provide high quality education opportuni-
ties to all language-minority and limited-English-proficient
students. In no case shall such coordination at the local,
State or Federal level permit funds under this title to be
used in programs that do not provide bilingual education
or special alternative instructional programs for the in-
struction of language-minority or limited-English-pro-
ficient students.
‘‘(f) The Secretary shall, to the extent feasible, ensure
that all data collected shall include for the collection and
reporting of data on limited-English-proficient students in
all Departmental data keeping and with respect to all Fed-
eral education programs.
675
‘‘(g) STAFFING REQUIREMENTS.—The Secretary shall
ensure that the Office of Bilingual Education and Minority
Language Affairs is staffed with sufficient personnel
trained or with experience in bilingual education to dis-
charge effectively the provisions of this title.
‘‘(1) Notwithstanding section 403 of the Depart-
ment of Education Organization Act, the Assistant
Secretary may appoint not more than 7 additional
employees to serve as staff without regard to the pro-
visions of title 5, United States Code, governing ap-
pointments in the competitive service.
‘‘(2) The employees appointed under paragraph
(1) may be paid without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of that
title relating to classification and General Schedule
pay rates, but shall not be paid a rate that exceeds
the minimum rate of basic pay payable for GS–15 of
the General Schedule.
‘‘(h) READING APPLICATIONS.—For the purpose of
reading applications for competitive grants authorized
under this title, the Secretary shall use persons who are not
employees of the Federal Government and who are experi-
enced and involved in bilingual education including teach-
ers, researchers, and administrators of educational pro-
grams similar to those assisted under this title. Readers of
676
applications for grants involving conservation of Indian
languages and other indigenous language which are subject
to loss shall include individuals with expertise in such pro-
grams. The Secretary shall solicit nominations for applica-
tion readers from State directors of bilingual education,
graduate programs of bilingual education, tribal organiza-
tions and professional associations and shall have readers
serve for a period of 3 years.
‘‘(i) PUBLICATION
OF PROPOSALS.—The Secretary
shall publish and disseminate all requests for proposals for
programs funded under this title.
‘‘SEC. 7402. RELEASE TIME.
‘‘Professional development programs funded under this
Act shall permit use of funds for professional release time
to enable participation in programs assisted under this
part.
‘‘SEC. 7403. EDUCATION TECHNOLOGY.
‘‘Funds available under this Act may be used to pro-
vide for the acquisition or development of education tech-
nology or instructional materials, including authentic ma-
terials in languages other than English, access to and par-
ticipation in electronic networks for materials, training
and communications, and incorporation of such resources
in curricula and programs such as those funded under this
title.
677
‘‘SEC. 7404. NOTIFICATION.
‘‘The State educational agency, when applicable, the
State Board for postsecondary education, when applicable,
the clearinghouse, the applicable Evaluation and Assistance
Center and Multifunctional Resource Center shall be noti-
fied within three working days of the date a grant is made
to an eligible entity within the State.
‘‘SEC. 7405. CONTINUED ELIGIBILITY.
‘‘Entities receiving grants under this title shall remain
eligible for grants for subsequent activities which extend or
expand and do not duplicate those activities supported by
a previous grant under this title. In considering applica-
tions for grants under this title the Secretary shall take into
consideration the applicant’s record of accomplishments
under previous grants.
‘‘SEC. 7406. LIMITATION OF AUTHORITY.
‘‘The Secretary shall not impose restrictions on the
availability of funds authorized under this title other than
those set out in this title or other applicable Federal statutes
and regulations.
‘‘PART E—TRANSITION
‘‘SEC. 7501. TRANSITION PROVISIONS.
‘‘Any grant or contract awarded under this title prior
to the date of the enactment of the Improving America’s
Schools Act of 1994 shall be allowed to continue the term
of the original award in accordance with the conditions of
678
the original award but not for a period in excess of 3 years
from the date of the grant or contract.
‘‘PART F—EMERGENCY IMMIGRANT EDUCATION
PROGRAM
‘‘SEC. 7601. PURPOSE.
‘‘The purpose of this part is to assist eligible local edu-
cational agencies that experience unexpectedly large in-
creases in their student population due to immigration to—
‘‘(1) provide high-quality instruction to immi-
grant children and youth; and
‘‘(2) help such children and youth—
‘‘(A) with their transition into American
society; and
‘‘(B) meet the same challenging State per-
formance standards expected of all children and
youth.
‘‘SEC. 7602. STATE ADMINISTRATIVE COSTS.
‘‘For any fiscal year, a State educational agency may
reserve up to 1.5 percent of the amount allocated to it under
section 7604 to pay the costs of performing its administra-
tive functions under this part.
‘‘SEC. 7603. WITHHOLDING.
‘‘Whenever the Secretary, after reasonable notice and
opportunity for a hearing to any State educational agency,
finds that there is a failure to meet the requirement of any
679
provision of this part, the Secretary shall notify that agency
that further payments will not be made to the agency under
this part, or in the discretion of the Secretary, that the
State educational agency shall not make further payments
under this part to specified local educational agencies whose
actions cause or are involved in such failure until the Sec-
retary is satisfied that there is no longer any such failure
to comply. Until the Secretary is so satisfied, no further
payments shall be made to the State educational agency
under this part, or payments by the State educational agen-
cy under this part shall be limited to local educational
agencies whose actions did not cause or were not involved
in the failure, as the case may be.
‘‘SEC. 7604. STATE ALLOCATIONS.
‘‘(a) PAYMENTS.—The Secretary shall, in accordance
with the provisions of this section, make payments to State
educational agencies for each of the fiscal years 1995
through 1999 for the purpose set forth in section 7601.
‘‘(b) ALLOCATIONS.—(1) Except as provided in sub-
sections (c) and (d) of this section, of the amount appro-
priated for each fiscal year for this part, each State partici-
pating in this program shall receive a share equal to the
proportion of its number of immigrant children and youth
who are enrolled in elementary and secondary public
schools under the jurisdiction of each local educational
680
agency described in paragraph (2) within that State, and
in elementary and secondary nonpublic schools within the
district served by each such local educational agency, rel-
ative to the total number of immigrant children and youth
so enrolled in all the States participating in this program.
‘‘(2) The local educational agencies referred to in para-
graph (1) are those local educational agencies in which the
sum of the number of immigrant children and youth who
are enrolled in elementary or secondary public schools
under the jurisdiction of such agencies, and in elementary
or secondary nonpublic schools within the districts served
by such agencies, during the fiscal year for which the pay-
ments are to be made under this part, is equal to—
‘‘(A) at least 500; or
‘‘(B) at least 3 percent of the total number of
students enrolled in such public or nonpublic schools
during such fiscal year;
whichever number is less.
‘‘(c) DETERMINATIONS OF NUMBER OF CHILDREN AND
YOUTH.—(1) Determinations by the Secretary under this
section for any period with respect to the number of immi-
grant children and youth shall be made on the basis of data
or estimates provided to the Secretary by each State edu-
cational agency in accordance with criteria established by
the Secretary, unless the Secretary determines, after notice
681
and opportunity for a hearing to the affected State edu-
cational agency, that such data or estimate are clearly erro-
neous.
‘‘(2) No such determination with respect to the number
of immigrant children and youth shall operate because of
an underestimate or overestimate to deprive any State edu-
cational agency of the allocation under this section that
such agency would otherwise have received had such deter-
mination been made on the basis of accurate data.
‘‘(d) REALLOCATION.—Whenever the Secretary deter-
mines that any amount of a payment made to a State
under this part for a fiscal year will not be used by such
State for carrying out the purpose for which the payment
was made, the Secretary shall make such amount available
for carrying out such purpose to one or more other States
to the extent the Secretary determines that such other States
will be able to use such additional amount of carrying out
such purpose. Any amount made available to a State from
any appropriation for a fiscal year in accordance with the
preceding sentence shall, for purposes of this part, be re-
garded as part of such State’s payment (as determined
under subsection (b)) for such year, but shall remain avail-
able until the end of the succeeding fiscal year.
‘‘(e) RESERVATION OF FUNDS.—(1) If appropriations
under this part exceed $40,000,000 for a fiscal year, a State
682
educational agency may reserve up to 20 percent of its pay-
ment for redistribution through competitive grants to local
educational agencies within the State in the following man-
ner:
‘‘(A) At least one-half of such grants shall be
made to local educational agencies within the State
with the highest numbers and percentages of immi-
grant children and youth.
‘‘(B) Remaining funds shall be distributed to
local educational agencies within the State with a
sudden influx of immigrant children and youth which
are otherwise not eligible for assistance under this
part.
‘‘(2) Local educational agencies with the highest num-
ber of immigrant children and youth receiving additional
funds under this subsection may make information avail-
able on serving immigrant children and youth to areas in
the State with sparse numbers of such children.
‘‘SEC. 7605. STATE APPLICATIONS.
‘‘(a) SUBMISSION.—No State educational agency shall
receive any payment under this part for any fiscal year
unless such agency submits an application to the Secretary
at such time, in such manner, and containing or accom-
panied by such information, as the Secretary may reason-
ably require. Each such application shall—
683
‘‘(1) provide that the educational programs, serv-
ices, and activities for which payments under this
part are made will be administered by or under the
supervision of the agency;
‘‘(2) provide assurances that payments under
this part will be used for purposes set forth in section
7601, including a description of how local educational
agencies receiving funds under this part will use such
funds to meet such purposes, and how the program
designs are consistent with other education improve-
ment plans, including any developed under Goals
2000: Educate America Act, if such plan exists, or
title I;
‘‘(3) provide assurances that such payments,
with the exception of payments reserved under section
7604(e), will be distributed among local educational
agencies within that State on the basis of the number
of immigrant children and youth counted with respect
to each such local educational agency under section
7604(b)(1);
‘‘(4) provide assurances that the State edu-
cational agency will not finally disapprove in whole
or in part any application for funds received under
this part without first affording the local educational
684
agency submitting an application for such funds rea-
sonable notice and opportunity for a hearing;
‘‘(5) provide for making such reports as the Sec-
retary may reasonably require to perform the func-
tions under this part;
‘‘(6) provide assurances—
‘‘(A) that to the extent consistent with the
number of immigrant children and youth en-
rolled in the elementary or secondary nonpublic
schools within the district served by a local edu-
cational agency, such agency, after consultation
with appropriate officials of such schools, shall
provide for the benefit of these children and
youth secular, neutral, and nonideological serv-
ices, materials, and equipment necessary for the
education of such children and youth;
‘‘(B) that the control of funds provided
under this part and title to any materials,
equipment, and property repaired, remodeled, or
constructed with those funds shall be in a public
agency for the uses and purposes provided in
this part, and a public agency shall administer
such funds and property; and
‘‘(C) that the provision of services pursuant
to this paragraph shall be provided by employees
685
of a public agency or through contract by such
public agency with a person, association, agency,
or corporation who or which, in the provision of
such services, is independent of such elementary
or secondary nonpublic school and of any reli-
gious organization; and such employment or con-
tract shall be under the control and supervision
of such public agency, and the funds provided
under this paragraph shall not be commingled
with State or local funds;
‘‘(7) provide that funds reserved under subsection
(e) of section 7604 be awarded on the basis of merit
and need consistent with such subsection; and
‘‘(8) provide an assurance that State and local
educational agencies receiving funds under this part
will comply with the requirements of section 1121(b).
‘‘SEC. 7606. PAYMENTS.
‘‘(a) AMOUNT.—The Secretary shall pay by not later
than June 1 of each year to each State educational agency
that has its application approved under section 7605 the
amount of the State’s allocation as determined under sec-
tion 7604.
‘‘(b) 
SERVICES
TO
CHILDREN
ENROLLED
IN
NONPUBLIC SCHOOLS.—If by reason of any provision of
law a local educational agency is prohibited from providing
686
educational services for children enrolled in elementary and
secondary nonpublic schools, as required by section
7605(a)(6), or if the Secretary determines that a local edu-
cational agency has substantially failed or is unwilling to
provide for the participation on an equitable basis of chil-
dren enrolled in such schools, the Secretary may waive such
requirement and shall arrange for the provision of services
to such children through arrangements which shall be sub-
ject to the requirements of this part. Such waivers shall be
subject to consultation, withholding, notice, and judicial re-
view requirements in accordance with the provisions of title
I.
‘‘SEC. 7607. USES OF FUNDS.
‘‘(a) USE OF FUNDS.—Funds awarded under this part
shall be used to pay for enhanced instructional opportuni-
ties for immigrant children and youth, which may in-
clude—
‘‘(1) family literacy, parent outreach, and train-
ing activities designed to assist parents to become ac-
tive participants in the education of their children;
‘‘(2) salaries of personnel, including teacher
aides who have been specifically trained, or are being
trained, to provide services to immigrant children
and youth;
687
‘‘(3) tutorials, mentoring, and academic or ca-
reer counseling for immigrant children and youth;
‘‘(4) identification and acquisition of curricular
materials, educational software, and technologies to be
used in the program; and
‘‘(5) such other activities, related to the purposes
of this part, as the Secretary may authorize.
‘‘(b) CONSORTIA.—A local educational agency that re-
ceives a grant under this part may collaborate or form a
consortium with one or more local educational agencies, in-
stitutions of higher education, and non-profit organizations
to carry out the approved program.
‘‘(c) SUBGRANTS.—A local educational agency that re-
ceives a grant under this part may, with the approval of
the Secretary, make a subgrant to, or enter into a contract
with, an institution of higher education, a non-profit orga-
nization, or a consortium of such entities to carry out an
approved program, including a program to serve out-of-
school youth.
‘‘SEC. 7608. REPORTS.
‘‘(a) TRIENNIAL REPORT.—Each State educational
agency receiving funds under this part shall submit, once
every 3 years, a report to the Secretary concerning the ex-
penditure of funds by local educational agencies under this
part. Each local educational agency receiving funds under
688
this part shall submit to the State educational agency such
information as may be necessary for such report.
‘‘(b) REPORT TO CONGRESS.—The Secretary shall sub-
mit, once every 3 years, a report to the appropriate commit-
tees of the Congress concerning programs under this part.
‘‘SEC. 7609. AUTHORIZATION OF APPROPRIATIONS.
‘‘For the purpose of carrying out the provisions of this
part, there are authorized to be appropriated $40,000,000
in fiscal year 1995, and such sums as may be necessary
for each of the fiscal years 1996, 1997, 1998, and 1999.
‘‘TITLE VIII—IMPACT AID
‘‘SEC. 8001. FINDINGS.
‘‘The Congress finds that—
‘‘(1) certain activities of the Federal Government
place a financial burden on the local educational
agencies serving areas where such activities are car-
ried out; and
‘‘(2) it is the shared responsibility of the Federal
Government, the States, and local educational agen-
cies to provide for the education of children connected
to those activities.
‘‘SEC. 8002. PURPOSE.
‘‘In order to fulfill the Federal responsibility to assist
with the provision of educational services to federally con-
nected children, and to help them meet challenging State
689
standards, it is the purpose of this title to provide financial
assistance to local educational agencies that—
‘‘(1) experience a substantial and continuing fi-
nancial burden due to the acquisition of real property
by the United States;
‘‘(2) educate children who reside on Federal
property and whose parents are employed on Federal
property;
‘‘(3) educate children of parents who are in the
military services and children who live in low-rent
housing;
‘‘(4) experience sudden and substantial increases
in enrollments because of military realignments; or
‘‘(5) need special assistance with capital expend-
itures for construction activities because of the enroll-
ments of substantial numbers of children who reside
on Indian lands or who are defined in sections 2 and
3 of the Act of September 23, 1950 (Public Law 815,
81st Congress; 20 U.S.C. 631 et seq.).
‘‘SEC. 8003. PAYMENTS RELATING TO FEDERAL ACQUISI-
TION OF REAL PROPERTY.
‘‘(a) IN GENERAL.—Where the Secretary, after con-
sultation with any local educational agency and with the
appropriate State educational agency, determines for a fis-
cal year ending prior to October 1, 1999—
690
‘‘(1) that the United States owns Federal prop-
erty in the local educational agency, and that such
property—
‘‘(A) has been acquired by the United States
since 1938;
‘‘(B) was not acquired by exchange for other
Federal property in the local educational agency
which the United States owned before 1939; and
‘‘(C) had an assessed value (determined as
of the time or times when so acquired) aggregat-
ing 10 percent or more of the assessed value of
all real property in the local educational agency
(similarly determined as of the time or times
when such Federal property was so acquired);
‘‘(2) that the ownership by the United States of
such Federal property places a substantial and con-
tinuing financial burden on such agency; and
‘‘(3) that such agency is not being substantially
compensated for the loss in revenue resulting from
such ownership by increases in revenue accruing to
the agency from the conduct of Federal activities with
respect to such Federal property,
then such agency shall be entitled to receive for such fiscal
year such amount as, in the judgment of the Secretary, is
equal to the continuing Federal responsibility for the addi-
691
tional financial burden with respect to current expenditures
placed on such agency by the ownership of such Federal
property.
‘‘(b) AMOUNT.—
‘‘(1) IN GENERAL.—The amount to which a local
educational agency is entitled to receive under sub-
section (a) for a fiscal year—
‘‘(A) shall not exceed—
‘‘(i) the amount which, in the judg-
ment of the Secretary, such agency would
have derived in such year, and would have
had available for current expenditures, from
the property acquired by the United States;
and
‘‘(ii) the amount which is equal to the
difference of—
‘‘(I) the maximum amount that
such agency is eligible to receive for
such 
fiscal 
year 
under 
section
8004(b)(1)(C); and
‘‘(II) the amount that such agency
receives in such fiscal year under sec-
tion 8004(b)(2); and
‘‘(B) shall be reduced by the Secretary by
an amount equal to the amount of revenue, if
692
any, that such agency received from activities
conducted on such property during the previous
year.
‘‘(2) APPLICATION
OF
CURRENT
LEVIED
REAL
PROPERTY TAX RATE.—In making a determination of
the amount that would have been derived in such year
under paragraph (1)(A)(i), the Secretary shall apply
the current levied real property tax rate for current
expenditures levied by fiscally independent local edu-
cational agencies or imputed, for fiscally dependent
local educational agencies, to the current annually de-
termined aggregate assessed value of such acquired
Federal property.
‘‘(3) DETERMINATION OF AGGREGATE ASSESSED
VALUE.—Such aggregate assessed value of such ac-
quired Federal property shall be determined (on the
basis of the highest and best use of property adjacent
to such acquired Federal property as of the time such
value is determined), and provided to the Secretary,
by the local official responsible for assessing the value
of real property located in the jurisdiction of such
local educational agency for the purpose of levying a
property tax.
‘‘(c) APPLICABILITY TO TENNESSEE VALLEY AUTHOR-
ITY ACT.—For the purposes of this section, any real prop-
693
erty with respect to which payments are being made under
section 13 of the Tennessee Valley Authority Act of 1933
shall not be regarded as Federal property.
‘‘(d) OWNERSHIP BY UNITED STATES.—The United
States shall be deemed to own Federal property for the pur-
poses of this Act, where—
‘‘(1) prior to the transfer of Federal property, the
United States owned Federal property meeting the re-
quirements of subparagraphs (A), (B), and (C) of sub-
section (a)(1); and
‘‘(2) the United States transfers a portion of the
property referred to in paragraph (1) to another non-
taxable entity, and the United States—
‘‘(A) restricts some or any construction on
such property;
‘‘(B) requires that the property be used in
perpetuity for the public purposes for which it
was conveyed;
‘‘(C) requires the grantee of the property to
report to the Federal government (or its agent)
containing information on the use of the prop-
erty;
‘‘(D) except with the approval of the Fed-
eral government (or its agent), prohibits the sale,
lease, assignment, or other disposal of the prop-
706
tunity to make recommendations on the needs of those
children and how they may help those children realize
the benefits of those programs and activities;
‘‘(3) parents and Indian tribes are consulted and
involved in planning and developing such programs
and activities;
‘‘(4) relevant applications, evaluations, and pro-
gram plans are disseminated to the parents and In-
dian tribes; and
‘‘(5) parents and Indian tribes are afforded an
opportunity to present their views on the agency’s
general educational program to such agency.
‘‘(b) RECORDS.—A local educational agency that
claims children residing on Indian lands for the purpose
of receiving funds under section 8004 shall maintain
records demonstrating its compliance with requirements
contained in subsection (a).
‘‘(c) WAIVER.—A local educational agency that claims
children residing on Indian lands for the purpose of receiv-
ing funds under section 8004 is excused from the require-
ments contained in subsections (a) and (b) for any year
with respect to any Indian tribe from which it has received
a written statement that the agency need not comply with
those subsections because the tribe is satisfied with the pro-