I
106TH CONGRESS
2D SESSION
H. R. 3873
To assist local educational agencies in financing and establishing alternative
education systems, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 9, 2000
Mr. KILDEE (for himself, Mr. SCOTT, and Mrs. MCCARTHY of New York) in-
troduced the following bill; which was referred to the Committee on Edu-
cation and the Workforce
A BILL
To assist local educational agencies in financing and estab-
lishing alternative education systems, and for other pur-
poses.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Alternative Education
for Safe Schools and Safe Communities Act of 2000’’.
TITLE I—ALTERNATIVE
EDUCATION PROGRAM
Title IV of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7101 et seq.) is amended by add-
ing at the end the following new part:
‘‘PART B—ALTERNATIVE EDUCATION FINANCING
AND ESTABLISHMENT GRANTS
‘‘SEC. 4201. PURPOSE.
‘‘The purpose of this part is to assist local edu-
cational agencies to implement, establish, develop, or
improve—
‘‘(1) sound and equitable policies that ensure a
safe, orderly, and drug-free learning environment for
all children, while reducing the need to suspend or
expel students and the number of such suspensions
and expulsions; and
‘‘(2) educational supports, services, and pro-
grams, using trained and qualified staff, for children
aged 5 through 21 who have been suspended or ex-
pelled so such children make continuing progress to-
ward meeting the State’s challenging academic
standards.
‘‘SEC. 4202. RESERVATION AND ALLOTMENTS.
‘‘(a) RESERVATION.—From the amount made avail-
able under section 4214 to carry out this part for each
fiscal year, the Secretary—
‘‘(1) shall reserve 0.5 percent of such amount
for grants to Guam, American Samoa, the United
States Virgin Islands, the Commonwealth of the
Northern Mariana Islands, and until October 1,
2001, the Republic of Palau, the Marshall Islands,
and the Federated States of Micronesia;
‘‘(2) shall reserve 1 percent of such amount for
the Secretary of Interior to carry out programs
under this part for Indian children; and
‘‘(3) may reserve not more than the lesser of 5
percent or $5,000,000 for evaluation and national
activities under section 4212.
‘‘(b) STATE EDUCATIONAL AGENCY ALLOTMENTS.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), and after making the reservations in sub-
section (a), the Secretary shall, for each fiscal year,
allocate among the States the remainder according
to the ratio between the amount each State received
under part A of title I for the preceding year and
the sum of such amounts received by all the States.
‘‘(2) MINIMUM.—For any fiscal year, the Sec-
retary shall not allot to a State an amount under
this subsection that is less than one-quarter of 1
percent of the total amount allotted to all the States
under this subsection.
‘‘(3) 
REALLOTMENT.—The 
Secretary 
may
reallot any amount of any allotment to a State if the
Secretary determines that the State will be unable to
use such amount within two years of such allotment.
Such reallotments shall be made on the same basis
as allotments are made under paragraph (1).
‘‘(c) WITHIN-STATE DISTRIBUTION
OF FUNDS.—
Each State educational agency having an approved appli-
cation pursuant to section 4203 and receiving an alloca-
tion under subsection (b), shall allocate—
‘‘(1) not less than 95 percent of such allocation
to local educational agencies pursuant to section
4207(a) or 4207(b); and
‘‘(2) not more than 5 percent for State level ac-
tivities and evaluation, of which not more than 40
percent may be used for administration.
‘‘SEC. 4203. STATE EDUCATIONAL AGENCY APPLICATIONS.
‘‘Each State educational agency seeking a grant
under this part shall submit an application in such form,
and containing such information, as the Secretary may
reasonably require. At a minimum, the application shall
include—
‘‘(1) a description of the competitive process the
State educational agency will use to award grants to
local educational agencies if the total amount appro-
priated under this part is less than $350,000,000 in
any given fiscal year;
‘‘(2) a description of the performance indicators
the State educational agency will establish, con-
sistent with section 4206 that will be used to evalu-
ate local educational agency programs funded under
this part;
‘‘(3) an assurance that State educational agen-
cy programs funded under this part shall be based
on scientifically based research or contain elements
of scientifically based research, to the extent such
research is available and can be feasibly used;
‘‘(4) a description of the research-base of pro-
grams funded under this part that are not based on
scientifically based research and a schedule regard-
ing when the State educational agency will imple-
ment programs based on scientifically based re-
search;
‘‘(5) a description of the professional develop-
ment necessary for teachers, other educators, and
pupil services personnel to implement alternative
education supports, services, and programs based on
scientifically based research;
‘‘(6) a description of how the State will ensure
a reduction in the number of suspensions and expul-
sions, including reductions among groups of minor-
ity, low-income, and disabled children;
‘‘(7) a description of the programs and activi-
ties the State will carry out under section 4205;
‘‘(8) an assurance that the State educational
agency will make awards to local educational agen-
cies under section 4207(a) based on the quality of
their programs and their need for assistance under
this part;
‘‘(9) a description of how the State will ensure
the implementation of disciplinary policies that are
fair and equitable;
‘‘(10) a description of how the State will ensure
that supports, services, and programs funded under
this part will enable children to meet challenging
State academic standards;
‘‘(11) a description of how the State will ensure
that programs funded under this part include ade-
quate support services for students and their fami-
lies, including counseling, and will coordinate with
and use services available through juvenile justice,
mental health, and social services agencies; and
‘‘(12) an assurance that the State and local
educational agencies which receive funds under this
part will use such funds to provide educational serv-
ices to children who have been suspended or expelled
from school;
‘‘(13) a description of how the State will ensure
the programs funded under this part provide ade-
quate support for students to return to a regular
education setting, if appropriate.
‘‘SEC. 4204. STATE APPLICATION APPROVAL.
‘‘The Secretary shall review the application of a State
educational agency for assistance under this part and shall
approve the application, unless the Secretary makes a de-
termination in writing that such application does not meet
the specific requirements of this part or is of insufficient
quality to meet the goals and purposes of this part.
‘‘SEC. 4205. STATE EDUCATIONAL AGENCY ACTIVITIES.
‘‘(a) REQUIRED USES
OF FUNDS.—A State edu-
cational agency shall use funds made available under sec-
tion 4202(c)(2) for the following activities:
‘‘(1) IDENTIFICATION.—Identification and dis-
semination of effective supports, services, and pro-
grams that are consistent with the purposes of this
part, based on scientifically based research, to local
educational agencies within the State.
‘‘(2) ASSISTANCE.—Technical assistance de-
signed to improve the performance of supports, serv-
ices, and programs funded under this part.
‘‘(3) EVALUATION.—Evaluation of programs
funded under this part, and dissemination of the
findings of the evaluations.
‘‘(b) PERMISSIVE USES OF FUNDS.—A State edu-
cational agency may use funds made available under sec-
tion 4202(c)(2) for the following activities:
‘‘(1) DEVELOPMENT.—Development of effective
supports, services, and programs consistent with the
purposes of this part.
‘‘(2) PROFESSIONAL
DEVELOPMENT.—Profes-
sional development designed to provide teachers,
pupil services personnel, and other related instruc-
tional personnel with skills necessary to integrate be-
havior intervention techniques and methodology into
the academic curriculum used by the State and local
educational agencies to maintain effective discipline
and an environment conducive to learning that re-
duces the need to suspend or expel students.
‘‘(3) OTHER ACTIVITIES.—Any other activities
consistent with the purposes of this part.
‘‘SEC. 4206. STATE PERFORMANCE MEASURES.
‘‘Each State educational agency shall establish per-
formance indicators and acceptable goals of progress to
evaluate the effectiveness of programs funded under this
part. Such performance indicators shall include, at a min-
imum:
‘‘(1) reduction in the number of incidents of
disruptive and violent behavior;
‘‘(2) reduction in the number of suspensions
and expulsions;
‘‘(3) reduction in the total amount of time stu-
dents are out of school as a result of being sus-
pended or expelled;
‘‘(4) attainment of challenging State academic
standards by students in programs funded under
this part;
‘‘(5) reduction in dropout rate; and
‘‘(6) an increase in the number of students re-
turning successfully to a regular education program,
as appropriate.
‘‘SEC. 4207. LOCAL EDUCATIONAL AGENCY DISTRIBUTION
OF FUNDS.
‘‘(a) COMPETITIVE GRANTS.—In any fiscal year in
which the total amount provided under section 4214 is less
than $350,000,000, the State educational agency shall
distribute funds under section 4202(c)(1) on a competitive
basis to local educational agencies that have an approved
application under section 4208 and can demonstrate a sig-
nificant number of incidents of children aged 5 through
21 who have been suspended or expelled from public
school. Such competitive grant process shall—
‘‘(1) give priority to local educational agencies
in which more than 30 percent of the children are
from low-income families as determined under part
A of title I;
‘‘(2) ensure that each grant shall be of suffi-
cient size and scope so as to be effective;
‘‘(3) ensure, to the extent practicable, distribu-
tion of grants on an equitable geographic basis, in-
cluding selecting agencies that serve urban, subur-
ban, and rural populations; and
‘‘(4) utilize a peer review process to approve ap-
plications.
‘‘(b) FORMULA GRANTS.—
‘‘(1) IN GENERAL.—In any fiscal year in which
the total amount provided under section 4214 is
more than $350,000,000, the State educational
agency 
shall 
distribute 
funds 
under 
section
4202(c)(1) on the following basis:
‘‘(A) 80 percent of such amount shall be
allocated to such local educational agencies in
proportion to the number of children, aged 5
through 17, who reside in the school district
served by the local educational agency from
families with incomes below the poverty line (as
defined by the Office of Management and
Budget and revised annually in accordance with
section 673(2) of the Community Services
Block Grant Act (42 U.S.C. 9902(2)) applica-
ble to a family of the size involved for the most
recent fiscal year for which satisfactory data
are available compared to the number of such
individuals who reside in the school districts
served by all the local educational agencies in
the State for that fiscal year.
‘‘(B) 20 percent of such amount to local
educational agencies, based on the relative en-
rollments in public and private nonprofit ele-
mentary and secondary schools within the
boundaries of such agencies.
‘‘(2) REALLOCATION.—If a local educational
agency chooses not to apply to receive the amount
allocated to such agency under paragraph (1), or if
such agency’s application is disapproved by the State
educational agency pursuant to section 4209, the
State educational agency shall reallocate such
amount to other local educational agencies on the
same basis as allocations are made under paragraph
(1).
‘‘(c) FEDERAL SHARE.—The Federal share of pro-
grams funded under this part shall be 65 percent for local
educational agencies with poverty levels above 30 percent,
and 35 percent for local educational agencies with poverty
levels below 30 percent as such poverty levels are deter-
mined under part A of title I. Local educational agencies
may satisfy the non-Federal share funding requirements
of this section with in-kind contributions and may use
Federal funds, other than those provided under this part,
that may be used to carry out the purposes of this part.
‘‘SEC. 4208. LOCAL APPLICATION.
‘‘In order to be eligible to receive a grant under sec-
tion 4207, for any fiscal year, a local educational agency
shall submit an application to the State educational agen-
cy, at such time, and containing such information as the
State educational agency shall require. Such application
shall, at a minimum, include—
‘‘(1) an assurance that programs shall serve
children aged 5 through 21 who have been sus-
pended or expelled from another public school within
the local educational agency;
‘‘(2) a description of how the local educational
agency will provide, in a safe, orderly, and drug-free
learning environment with trained and qualified
staff, educational supports, services, and programs
for students who have been suspended or expelled so
such students are able to meet the State’s chal-
lenging academic standards;
‘‘(3) a description of the plan of the local edu-
cational agency for reducing the number of suspen-
sions and expulsions and reducing the total amount
of time students are out of a regular education set-
ting as a result of being suspended or expelled;
‘‘(4) a plan for training teachers, pupil services
personnel, and other appropriate school staff on ef-
fective strategies for dealing with disruptive stu-
dents;
‘‘(5) a description of how the local educational
agency will involve parents in the education of chil-
dren who have been suspended or expelled;
‘‘(6) an assurance that local educational agen-
cies will develop annually increasing program per-
formance goals, consistent with the State’s perform-
ance indicators under section 4206;
‘‘(7) information demonstrating how the appli-
cant will continue the programs and activities devel-
oped under this part after completion of the grant;
‘‘(8) an assurance that the program will provide
sufficient support services for children and their
families, including counseling, and will coordinate
with and utilize services provided through juvenile
justice, social service, and mental health agencies;
‘‘(9) an assurance that the program will assist
participating students in making the transition back
to a regular education setting, as appropriate;
‘‘(10) provide an assurance that such program
will place an emphasis on personal, academic, social,
and workplace skills and behavior modification, as
appropriate.
‘‘SEC. 4209. LOCAL APPLICATION APPROVAL.
‘‘The State educational agency shall review the appli-
cation of a local educational agency for assistance under
this part. Such application shall be deemed approved un-
less the State makes a determination in writing that such
application does not meet the specific requirements of this
part or is of insufficient quality to meet the goals and pur-
poses of this part.
‘‘SEC. 4210. LOCAL EDUCATIONAL AGENCY USES OF FUNDS.
‘‘Local educational agencies, with an approved appli-
cation under section 4209, shall use funds provided under
section 4207 for one or more of the following activities,
which to the extent practicable, will be based on scientif-
ically based research:
‘‘(1) The development, establishment, or im-
provement of alternative schools, either established
within a school or separate and apart from an exist-
ing school, that are designed—
‘‘(A) to reduce disruptive behavior;
‘‘(B) to reduce the need for repeat suspen-
sions and expulsions; and
‘‘(C) to enable students to meet chal-
lenging State academic standards.
‘‘(2) The development, establishment, or im-
provement of alternative supports, services, pro-
grams, and strategies for students served by pro-
grams funded under this part.
‘‘(3) Professional development for teachers, ad-
ministrators, pupil services personnel, and other
school staff on the most effective ways of preventing
students from disrupting class, and for dealing with
those students who disrupt class.
‘‘(4) Mentoring, tutoring, and other services for
students.
‘‘(5) Counseling and mental health services,
such as mental health assessment and counseling,
counseling on transitioning to work or other edu-
cational options, and family counseling.
‘‘(6) Programs in such areas as conflict resolu-
tion, peer mediation, character education, social
skills building, alcohol, drug, and violence preven-
tion, and behavior interventions.
‘‘(7) Programs providing sufficient support
services for children and their families, including
counseling, and coordination with and utilization of
services provided through juvenile justice, social
service, and mental health agencies.
‘‘(8) Activities to assist students in making the
transition back to regular school programs, as ap-
propriate.
‘‘(9) Programs to assist students to meet chal-
lenging academic standards.
‘‘(10) Other programs and activities consistent
with the purposes of this part.
‘‘SEC. 4211. PROGRAM EVALUATION.
‘‘(a) IN GENERAL.—(1) Each State educational
agency receiving funds under this part shall evaluate the
effectiveness of programs and activities carried out under
this part in reducing the need to suspend or expel students
and in helping students who have been suspended or ex-
pelled to meet the State’s challenging academic standards.
‘‘(2) In evaluating local programs, the State edu-
cational agency shall, as appropriate, review performance
data based on the attainment of the goals established by
local 
educational 
agencies 
under 
section 
4208(6),
disaggregated, as appropriate, on the basis of gender,
race, ethnicity, migrant status, limited English proficiency
status, disability, primary versus secondary education, and
economic status.
‘‘(b) EVALUATION RESULTS, CORRECTIVE ACTION,
AND TERMINATION OF FUNDS.—
‘‘(1) RESULTS.—Each State shall submit the
results of its evaluation to the Secretary in an an-
nual report. The Secretary shall submit a summary
of the annual reports to both the Committee on
Education and the Workforce of the House of Rep-
resentatives and the Health, Education, Labor, and
Pensions Committee of the Senate.
‘‘(2) DISTRIBUTION.—The State shall distribute
the results of the evaluation of individual programs
to each evaluated program.
‘‘(3) INSUFFICIENT
PROGRESS.—If the State
educational agency determines that a local edu-
cational agency’s program did not make sufficient
progress toward the performance indicators estab-
lished by the State educational agency based on the
goals described in section 4208(6), the State edu-
cational agency shall provide technical assistance to
such program. After two consecutive years of failure
by a program to make sufficient progress toward the
levels of performance established by the State edu-
cational agency, the State educational agency shall
take such action as may be necessary, including the
withdrawal of funds, in whole or in part, from such
program.
‘‘SEC. 4212. NATIONAL ACTIVITIES AND EVALUATION.
‘‘(a) EVALUATION BY THE SECRETARY.—The Sec-
retary shall evaluate a representative sample of the pro-
grams funded under this part, and shall report the find-
ings of the evaluation to the Committee on Education and
the Workforce of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of
the Senate not later than 3 years after the first grants
are made under this part.
‘‘(b) RESEARCH.—The Secretary shall conduct re-
search to develop and identify proven alternative education
practices. The Secretary shall disseminate such alternative
education practices to State educational agencies and local
educational agencies receiving funds under this Act.
‘‘(c) OTHER NATIONAL ACTIVITIES.—The Secretary
may directly, or through grants or contracts, carry out
programs and activities consistent with the purposes of
this part such as, collection of data, dissemination of infor-
mation, and development of model programs and activi-
ties.
‘‘SEC. 4213. SPECIAL RULE.
‘‘(a) CONSTRUCTION.—Nothing in this part shall be
construed to affect the requirements of the Individuals
with Disabilities Education Act or the Gun-Free Schools
Act.
‘‘(b) SUPPLEMENT.—Funds made available under
this part shall be used to supplement, and shall not sup-
plant, non-Federal funds expended to carry out programs
and activities authorized by this part.
‘‘SEC. 4214. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
this part $200,000,000 for fiscal year 2001, and such
sums as may be necessary for each of the four succeeding
fiscal years.
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