336
‘‘(D) identify, and quantify in terms of per-
centages of direct program costs, any general fac-
tors arising from geographic isolation, or num-
bers of programs administered, independent of
program size factors used to compute a base ad-
ministrative cost percentage in such formula;
and
‘‘(E) identify any other incremental cost
factors substantially affecting the costs of re-
quired administrative cost functions at any of
the tribal elementary or secondary educational
programs studied and determine whether the fac-
tors are of general applicability to other such
programs, and (if so) how the factors may effec-
tively be incorporated into such formula.
‘‘(3) CONSULTATION
WITH
INSPECTOR
GEN-
ERAL.—In carrying out the studies required under
this subsection, the Director shall obtain the input of,
and afford an opportunity to participate to, the In-
spector General of the Department of the Interior.
‘‘(4) CONSIDERATION OF DELIVERY OF ADMINIS-
TRATIVE
SERVICES.—Determinations described in
paragraph (2)(C) shall be based on what is prac-
ticable at each location studied, given prudent man-
agement practice, irrespective of whether required ad-
337
ministrative services were actually or fully delivered
at these sites, or whether other services were delivered
instead, during the period of the study.
‘‘(5) REPORT.—Upon completion of the studies
conducted under paragraph (1), the Director shall
submit to Congress a report on the findings of the
studies, together with determinations based upon such
studies that would affect the definitions set forth
under subsection (e) that are used in the formula set
forth in subsection (c).
‘‘(6) PROJECTION
OF
COSTS.—The Secretary
shall include in the Bureau’s justification for each
appropriations request beginning in the first fiscal
year after the completion of the studies conducted
under paragraph (1), a projection of the overall costs
associated with the formula set forth in subsection (c)
for all tribal elementary or secondary education pro-
grams which the Secretary expects to be funded in the
fiscal year for which the appropriations are sought.
‘‘(7) DETERMINATION OF PROGRAM SIZE.—For
purposes of this subsection, the size of tribal elemen-
tary or secondary educational programs is determined
by the aggregate direct cost program funding level for
all Bureau funded programs which share common ad-
ministrative cost functions.
338
‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There are authorized to be
appropriated such sums as necessary to carry out this
section.
‘‘(2) REDUCTIONS.—If the total amount of funds
necessary to provide grants to tribes and tribal orga-
nizations in the amounts determined under subsection
(b) for a fiscal year exceeds the amount of funds ap-
propriated 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 grants deter-
mined under subsection (b) bears to the total of all
grants determined under subsection (b) section for all
tribes and tribal organizations for such fiscal year.
‘‘(k) APPLICABILITY TO SCHOOLS OPERATING UNDER
TRIBALLY CONTROLLED SCHOOLS ACT OF 1988.—The pro-
visions of this section shall also apply to those schools oper-
ating under the Tribally Controlled Schools Act of 1988.
‘‘SEC. 1129. DIVISION OF BUDGET ANALYSIS.
‘‘(a) ESTABLISHMENT.—Not later than 12 months
after the date of the enactment of the Student Results Act
of 1999, the Secretary shall establish within the Office of
Indian Education Programs a Division of Budget Analysis
339
(hereinafter referred to as the ‘Division’). Such Division
shall be under the direct supervision and control of the Di-
rector of the Office.
‘‘(b) FUNCTIONS.—In consultation with the tribal gov-
erning bodies and tribal school boards, the Director of the
Office, through the Division, shall conduct studies, surveys,
or other activities to gather demographic information on
Bureau funded schools and project the amount necessary to
provide Indian students in such schools the educational pro-
gram set forth in this part.
‘‘(c) ANNUAL REPORTS.—Not later than the date that
the Assistant Secretary for Indian Affairs makes the annual
budget submission, for each fiscal year after the date of the
enactment of the Student Results Act of 1999, the Director
of the Office shall submit to the appropriate committees of
Congress (including the Appropriations committees), all
Bureau funded schools, and the tribal governing bodies of
such schools, a report which shall contain—
‘‘(1) projections, based upon the information
gathered pursuant to subparagraph (b) and any other
relevant information, of amounts necessary to provide
Indian students in Bureau funded schools the edu-
cational program set forth in this part;
340
‘‘(2) a description of the methods and formulas
used to calculate the amounts projected pursuant to
paragraph (1); and
‘‘(3) such other information as the Director of
the Office considers appropriate.
‘‘(d) USE OF REPORTS.—The Director of the Office
and the Assistant Secretary for Indian Affairs shall use the
annual report required by subsection (c) when preparing
their annual budget submissions.
‘‘SEC. 1130. UNIFORM DIRECT FUNDING AND SUPPORT.
‘‘(a) ESTABLISHMENT
OF SYSTEM
AND FORWARD
FUNDING.—
‘‘(1) IN GENERAL.—The Secretary shall establish,
by regulation adopted in accordance with section
1138, a system for the direct funding and support of
all Bureau funded schools. Such system shall allot
funds in accordance with section 1127. All amounts
appropriated for distribution under this section may
be made available under paragraph (2).
‘‘(2) TIMING FOR USE OF FUNDS.—(A) For the
purposes of affording adequate notice of funding
available pursuant to the allotments made under sec-
tion 1127, amounts appropriated in an appropria-
tions Act for any fiscal year shall become available
for obligation by the affected schools on July 1 of the
341
fiscal year in which such amounts are appropriated
without further action by the Secretary, and shall re-
main 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, not later than July 1 of the
fiscal year for which the funds are appropriated,
allotments to each affected school made under
section 1127 of 85 percent of such appropriation;
and
‘‘(ii) publish, not later than September 30
of such fiscal year, the allotments to be made
under section 1127 of the remaining 15 percent
of such appropriation, adjusted to reflect the ac-
tual student attendance.
‘‘(3) LIMITATION.—(A) Notwithstanding any
other provision of law or regulation, the supervisor of
a Bureau funded school may expend an aggregate of
not more than $50,000 of the amount allotted the
school under section 1127 to acquire materials, sup-
plies, equipment, services, operation, and mainte-
nance for the school without competitive bidding if—
342
‘‘(i) the cost for any single item purchased
does not exceed $15,000;
‘‘(ii) the school board approves the procure-
ment;
‘‘(iii) the supervisor certifies that the cost is
fair and reasonable;
‘‘(iv) the documents relating to the procure-
ment executed by the supervisor or other school
staff cite this paragraph as authority for the
procurement; and
‘‘(v) the transaction is documented in a
journal maintained at the school clearly identi-
fying when the transaction occurred, what was
acquired and from whom, the price paid, the
quantities acquired, and any other information
the supervisor or school board considers relevant.
‘‘(B) Not later than 6 months after the date of
enactment of the Student Results Act of 1999, the Sec-
retary shall cause to be sent to each supervisor of a
Bureau operated program and school board chair-
person, the education line officer or officers of each
agency and area, and the Bureau Division in charge
of procurement, at both the local and national levels,
notice of this paragraph.
343
‘‘(C) The Director shall be responsible for deter-
mining the application of this paragraph, including
the authorization of specific individuals to carry out
this paragraph, and shall be responsible for the provi-
sion of guidelines on the use of this paragraph and
adequate training on such guidelines.
‘‘(4) EFFECT OF SEQUESTRATION ORDER.—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 sec-
tion 1127 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) to fund allotments under section 1127,
the Secretary, notwithstanding any other law,
may use—
‘‘(i) funds appropriated for the oper-
ation of any Bureau school that is closed or
consolidated; and
‘‘(ii) funds appropriated for any pro-
gram that has been curtailed at any Bureau
school; and
‘‘(B) the Secretary may waive the applica-
tion of the provisions of section 1121(h) with re-
spect to the closure or consolidation of a school,
344
or the curtailment of a program at a school, dur-
ing such fiscal year if the funds described in
clauses (i) and (ii) of subparagraph (A) with re-
spect to such school are used to fund allotments
made under section 1127 for such fiscal year.
‘‘(b) LOCAL FINANCIAL PLANS FOR EXPENDITURE OF
FUNDS.—
‘‘(1) PLAN REQUIRED.—(A) In the case of all
Bureau operated schools, allotted funds shall be ex-
pended on the basis of local financial plans which en-
sure meeting the accreditation requirements or stand-
ards for the school established pursuant to section
1121 and which shall be prepared by the local school
supervisor in active consultation with the local school
board for each school. The local school board for each
school shall have the authority to ratify, reject, or
amend such financial plan, and expenditures there-
under, 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 prepa-
ration of the financial plan.
‘‘(B) The supervisor—
‘‘(i) shall put into effect the decisions of the
school board;
345
‘‘(ii) shall provide the appropriate local
union representative of the education employees
with copies of proposed draft financial plans
and all amendments or modifications thereto, at
the same time such copies are submitted to the
local school board; and
‘‘(iii) may appeal any such action of the
local school board to the appropriate education
line 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 re-
spond, in writing, to such appeal. After review-
ing such written appeal and response, the appro-
priate education line officer may, for good cause,
overturn the action of the local school board. The
appropriate education line officer shall transmit
the determination of such appeal in the form of
a written opinion to such board and to such su-
pervisor identifying the reasons for overturning
such action.
‘‘(c) 
USE
OF
SELF-DETERMINATION
GRANTS
FUNDS.—Funds for self-determination grants under section
346
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 development of tribal codes of edu-
cation from funds appropriated pursuant to section 104(a)
of such Act.
‘‘(d) TECHNICAL ASSISTANCE AND TRAINING.—In the
exercise of its authority under this section, a local school
board may request technical assistance and training from
the Secretary, and the Secretary shall, to the greatest extent
possible, provide such services, and make appropriate provi-
sions in the budget of the Office for such services.
‘‘(e) SUMMER PROGRAM OF ACADEMIC AND SUPPORT
SERVICES.—
‘‘(1) IN GENERAL.—A financial plan under sub-
section (b) for a school may include, at the discretion
of the local administrator and the school board of
such school, a provision for a summer program of
academic and support services for students of the
347
school. Any such program may include activities re-
lated to the prevention of alcohol and substance abuse.
The Assistant Secretary for Indian Affairs shall pro-
vide for the utilization of any such school facility
during any summer in which such utilization is re-
quested.
‘‘(2) USE OF OTHER FUNDS.—Notwithstanding
any other provision of law, funds authorized under
the Act of April 16, 1934, and this Act may be used
to augment the services provided in each summer pro-
gram at the option, and under the control, of the tribe
or Indian controlled school receiving such funds.
‘‘(3) TECHNICAL ASSISTANCE AND PROGRAM CO-
ORDINATION.—The Assistant Secretary for Indian Af-
fairs, acting through the Director of the Office, shall
provide technical assistance and coordination for any
program described in paragraph (1) and shall, to the
extent possible, encourage the coordination of such
programs with any other summer programs that
might benefit Indian youth, regardless of the funding
source or administrative entity of any such program.
‘‘(f) COOPERATIVE AGREEMENTS.—
‘‘(1) IN GENERAL.—From funds allotted to a Bu-
reau school under section 1127, the Secretary shall, if
specifically requested by the tribal governing body (as
348
defined in section 1141), implement any cooperative
agreement entered into between the tribe, the Bureau
school board, and the local public school district
which meets the requirements of paragraph (2) and
involves the school. The tribe, the Bureau school
board, and the local public school district shall deter-
mine the terms of the agreement. Such agreement may
encompass coordination of all or any part of the fol-
lowing:
‘‘(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 procure-
ment and facilities maintenance.
‘‘(C) Transportation.
‘‘(2) EQUAL
BENEFIT
AND
BURDEN.—Each
agreement entered into pursuant to the authority pro-
vided 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) PRODUCT OR RESULT OF STUDENT PROJECTS.—
Notwithstanding any other provision of law, where there
349
is agreement on action between the superintendent and the
school board of a Bureau funded school, the product or re-
sult of a project conducted in whole or in major part by
a student may be given to that student upon the completion
of such project.
‘‘(h) NOT CONSIDERED FEDERAL FUNDS FOR MATCH-
ING REQUIREMENTS.—Notwithstanding any other provi-
sion of law, funds received by a Bureau funded school under
this title shall not be considered Federal funds for the pur-
poses of meeting a matching funds requirement for any Fed-
eral program.
‘‘SEC. 1131. POLICY FOR INDIAN CONTROL OF INDIAN EDU-
CATION.
‘‘(a) FACILITATION OF INDIAN CONTROL.—It shall be
the policy of the Secretary and the Bureau, in carrying out
the functions of the Bureau, to facilitate tribal control of
Indian affairs in all matters relating to education.
‘‘(b) CONSULTATION WITH TRIBES.—
‘‘(1) IN GENERAL.—All actions under this Act
shall be done with active consultation with tribes.
‘‘(2) 
REQUIREMENTS.—The 
consultation 
re-
quired under paragraph (1) means a process involv-
ing the open discussion and joint deliberation of all
options with respect to potential issues or changes be-
tween the Bureau and all interested parties. During
350
such discussions and joint deliberations, interested
parties (including tribes and school officials) shall be
given an opportunity to present issues including pro-
posals regarding changes in current practices or pro-
grams 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 alternatives, with the views
and concerns of the interested parties given effect un-
less the Secretary determines, from information avail-
able from or presented by the interested parties dur-
ing 1 or more of the discussions and deliberations,
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
request by such Member, a written explanation of any
decision made by the Secretary which is not con-
sistent with the views of the interested parties.
‘‘SEC. 1132. INDIAN EDUCATION PERSONNEL.
‘‘(a) IN GENERAL.—Chapter 51, subchapter III of
chapter 53, and chapter 63 of title 5, United States Code,
relating to classification, pay and leave, respectively, and
the sections of such title relating to the appointment, pro-
motion, hours of work, and removal of civil service employ-
351
ees, shall not apply to educators or to education positions
(as defined in subsection (p)).
‘‘(b) REGULATIONS.—Not later than 60 days after the
date of enactment of the Student Results Act of 1999, the
Secretary shall prescribe regulations to carry out this sec-
tion. Such regulations shall include—
‘‘(1) the establishment of education positions;
‘‘(2) the establishment of qualifications for edu-
cators and education personnel;
‘‘(3) the fixing of basic compensation for edu-
cators and education positions;
‘‘(4) the appointment of educators;
‘‘(5) the discharge of educators;
‘‘(6) the entitlement of educators to compensa-
tion;
‘‘(7) the payment of compensation to educators;
‘‘(8) the conditions of employment of educators;
‘‘(9) the leave system for educators;
‘‘(10) the annual leave and sick leave for edu-
cators and
‘‘(11) such matters as may be appropriate.
‘‘(c) QUALIFICATIONS OF EDUCATORS.—
‘‘(1) REQUIREMENTS.—In prescribing regula-
tions to govern the qualifications of educators, the
Secretary shall require—
352
‘‘(A)(i) that lists of qualified and inter-
viewed applicants for education positions be
maintained in each agency and area office of the
Bureau from among individuals who have ap-
plied at the agency or area level for an education
position or who have applied 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
applicants 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;
‘‘(B) that a local school board shall have the
authority to waive on a case-by-case basis, any
formal education or degree qualifications estab-
lished by regulation pursuant to subsection
(b)(2), in order for a tribal member to be hired
in an education position to teach courses on trib-
al culture and language and that subject to sub-
section (e)(2), a determination by a school board
353
that such a person be hired shall be instituted
supervisor; and
‘‘(C) that it shall not be a prerequisite to
the employment of an individual in an edu-
cation position at the local level that such indi-
vidual’s name appear on the national list main-
tained pursuant to subparagraph (A)(ii) or that
such individual has applied at the national level
for an education position.
‘‘(2) EXCEPTION FOR CERTAIN TEMPORARY EM-
PLOYMENT.—The Secretary may authorize the tem-
porary employment in an education position of an
individual who has not met the certification stand-
ards established pursuant to regulations, if the Sec-
retary determines that failure to do so would result
in that position remaining vacant.
‘‘(d) HIRING OF EDUCATORS.—
‘‘(1) REQUIREMENTS.—In prescribing regula-
tions to govern the appointment of educators, the Sec-
retary shall require—
‘‘(A)(i) that educators employed in a Bu-
reau operated school (other than the supervisor of
the school) shall be hired by the supervisor of the
school. In cases where there are no qualified ap-
plicants available, such supervisor may consult
354
the national list maintained pursuant to sub-
section (c)(1)(A)(ii);
‘‘(ii) each school supervisor shall be hired by
the education line officer of the agency office of
the Bureau in which the school is located;
‘‘(iii) educators employed in an agency of-
fice of the Bureau shall be hired by the super-
intendent for education of the agency office; and
‘‘(iv) each education line officer and edu-
cators employed in the Office of the Director of
Indian Education Programs shall be hired by
the Director;
‘‘(B) that before an individual is employed
in an education position in a school by the su-
pervisor of a school (or with respect to the posi-
tion of supervisor, by the appropriate agency
education line officer), the local school board for
the school shall be consulted. A determination by
such school board that such individual should or
should not be so employed shall be instituted by
the supervisor (or with respect to the position of
supervisor, by the agency superintendent for edu-
cation);
‘‘(C) that before an individual may be em-
ployed in an education position at the agency
355
level, the appropriate agency school board shall
be consulted, and that a determination by such
school board that such individual should or
should not be employed shall be instituted by the
agency superintendent for education; and
‘‘(D) that before an individual may be em-
ployed in an education position in the Office of
the Director (other than the position of Director),
the national school boards representing all Bu-
reau schools shall be consulted.
‘‘(2) INFORMATION REGARDING APPLICATION AT
NATIONAL LEVEL.—Any individual who applies at the
local level for an education position shall state on
such individual’s application whether or not such in-
dividual has applied at the national level for an edu-
cation position in the Bureau. If such individual is
employed at the local level, such individual’s name
shall be immediately forwarded to the Secretary, who
shall, as soon as practicable but in no event in more
than 30 days, ascertain the accuracy of the statement
made by such individual pursuant to the first sen-
tence of this paragraph. Notwithstanding subsection
(e), 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
356
has applied at the national level for an education po-
sition in the Bureau, the appointment of such indi-
vidual at the local level shall be conditional for a pe-
riod of 90 days, during which period the Secretary
may appoint a more qualified individual (as deter-
mined 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 ap-
pointed.
‘‘(3) STATUTORY CONSTRUCTION.—Except as ex-
pressly provided, nothing in this section shall be con-
strued as conferring upon local school boards author-
ity over, or control of, educators at Bureau funded
schools or the authority to issue management deci-
sions.
‘‘(e) DISCHARGE AND CONDITIONS OF EMPLOYMENT
OF EDUCATORS.—
‘‘(1) REGULATIONS.—In prescribing regulations
to govern the discharge and conditions of employment
of educators, the Secretary 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 op-
357
portunity for a hearing under procedures that
comport with the requirements of due process;
and
‘‘(C) that educators employed in Bureau
schools be notified 30 days prior to the end of the
school year whether their employment contract
will be renewed for the following year.
‘‘(2) PROCEDURES FOR DISCHARGE.—The super-
visor 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 educa-
tor, the supervisor involved shall immediately notify
the local school board for the school of such action. A
determination by the local school board that such edu-
cator shall not be discharged shall be followed by the
supervisor. The supervisor shall have the right to ap-
peal such action to the education line officer of the
appropriate agency office of the Bureau. Upon such
an appeal, the agency education line officer 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.
358
‘‘(3) RECOMMENDATIONS
OF
SCHOOL
BOARDS
FOR DISCHARGE.—Each local school board for a Bu-
reau school shall have the right—
‘‘(A) to recommend to the supervisor of such
school that an educator employed in the school be
discharged; and
‘‘(B) to recommend to the education line of-
ficer of the appropriate agency office of the Bu-
reau and to the Director of the Office, that the
supervisor of the school be discharged.
‘‘(f) APPLICABILITY OF INDIAN PREFERENCE LAWS.—
‘‘(1) IN GENERAL.—Notwithstanding any provi-
sion of the Indian preference laws, such laws shall not
apply in the case of any personnel action under this
section respecting an applicant or employee not enti-
tled to Indian preference if each tribal organization
concerned grants a written waiver of the application
of such laws with respect to such personnel action and
states that such waiver is necessary. This paragraph
shall not relieve the Bureau’s responsibility to issue
timely and adequate announcements and advertise-
ments concerning any such personnel action if such
action is intended to fill a vacancy (no matter how
such vacancy is created).
359
‘‘(2) TRIBAL ORGANIZATION DEFINED.—For pur-
poses of this subsection, the term ‘tribal organization’
means—
‘‘(A) the recognized governing body of any
Indian tribe, band, nation, pueblo, or other orga-
nized community, including a Native village (as
defined in section 3(c) of the Alaska Native
Claims Settlement Act); or
‘‘(B) in connection with any personnel ac-
tion referred to in this subsection, any local
school board as defined in section 1141 which
has been delegated by such governing body the
authority to grant a waiver under this sub-
section with respect to personnel action.
‘‘(3) INDIAN PREFERENCE LAW DEFINED.—The
term ‘Indian preference laws’ means section 12 of the
Act of June 18, 1934 or any other provision of law
granting a preference to Indians in promotions and
other personnel actions. Such term shall not include
section 7(b) of the Indian Self-Determination and
Education Assistance Act.
‘‘(g) COMPENSATION OR ANNUAL SALARY.—
‘‘(1) IN GENERAL.—(A) Except as otherwise pro-
vided in this section, the Secretary shall fix the basic
compensation for educators and education positions
360
at rates in effect under the General Schedule for indi-
viduals with comparable qualifications, and holding
comparable positions, to whom chapter 51 of title 5,
United States Code, is applicable or on the basis of
the Federal Wage System schedule in effect for the lo-
cality, and for the comparable positions, the rates of
compensation in effect for the senior executive service.
‘‘(B) The Secretary shall establish the rate of
basic compensation, or annual salary rates, for the
positions of teachers and counselors (including dor-
mitory counselors and home-living counselors) at the
rates of basic compensation applicable (on the date of
enactment of the Student Results Act of 1999 and
thereafter) to comparable positions in the overseas
schools under the Defense Department Overseas
Teachers Pay Act. The Secretary shall allow the local
school boards authority to implement only the aspects
of the Defense Department Overseas Teacher pay pro-
visions that are considered essential for recruitment
and retention. Implementation of such provisions
shall not be construed to require the implementation
of the Act in its entirety.
‘‘(C)(i) Beginning with the fiscal year following
the date of enactment of the Student Results Act of
1999, each school board may set the rate of compensa-
361
tion or annual salary rate for teachers and counselors
(including academic counselors) who are new hires at
the school and who have not worked at the school on
the date of implementation of this provision, at rates
consistent with the rates paid for individuals in the
same positions, with the same tenure and training, in
any other school within whose boundaries the Bureau
school lies. In instances where the adoption of such
rates cause a reduction in the payment of compensa-
tion from that which was in effect for the fiscal year
following the date of enactment of the Student Results
Act of 1999, the new rate may be applied to the com-
pensation of employees of the school who worked at
the school on of the date of enactment of that Act by
applying those rates to each contract renewal such
that the reduction takes effect in three equal install-
ments. Where adoption of such rates lead to an in-
crease in the payment of compensation from that
which was in effect for the fiscal year following the
date of enactment of the Student Results Act of 1999,
the school board may make such rates applicable at
the next contract renewal such that either—
‘‘(I) the increase occurs in its entirety; or
‘‘(II) the increase is applied in 3 equal in-
stallments.
362
‘‘(ii) The establishment of rates of basic com-
pensation and annual salary rates under subpara-
graphs (B) and (C) shall not preclude the use of regu-
lations and procedures used by the Bureau prior to
April 28, 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.
‘‘(D) The establishment of rates of basic com-
pensation and annual salary rates under subpara-
graphs (B) and (C) shall not affect the continued em-
ployment or compensation of an educator who was
employed in an education position on October 31,
1979, and who did not make an election under sub-
section (p) is in effect on January 1, 1990.
‘‘(2) POST-DIFFERENTIAL RATES.—(A) The Sec-
retary may pay a post-differential rate not to exceed
25 percent of the rate of basic compensation, on the
basis of conditions of environment or work which
warrant additional pay as a recruitment and reten-
tion incentive.
‘‘(B)(i) Upon the request of the supervisor and
the local school board of a Bureau school, the Sec-
retary shall grant the supervisor of the school author-
ization to provide 1 or more post-differentials under
363
subparagraph (A) unless the Secretary determines for
clear and convincing reasons (and advises the board
in writing of those reasons) that certain of the re-
quested post-differentials should be disapproved or de-
creased 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 re-
cruitment or retention of employees at the school.
‘‘(ii) A request under clause (i) shall be deemed
granted at the end of the 60th day after the request
is received in the Central Office of the Bureau unless
before that time the request is approved, approved
with modification, or disapproved by the Secretary.
‘‘(iii) The Secretary or the supervisor of a Bu-
reau school may discontinue or decrease a post-dif-
ferential authorized under this subparagraph at the
beginning of a school year if—
‘‘(I) the local school board requests that such
differential be discontinued or decreased; or
‘‘(II) the Secretary or the supervisor deter-
mines for clear and convincing reasons (and ad-
vises the board in writing of those reasons) that
364
there is no disparity of compensation that would
affect the recruitment or retention of employees
at the school after the differential is discontinued
or decreased.
‘‘(iv) On or before February 1 of each year, the
Secretary shall submit to Congress a report describing
the requests and grants of authority under this sub-
paragraph during the previous year and listing the
positions contracted under those grants of authority.
‘‘(h) LIQUIDATION OF REMAINING LEAVE UPON
TERMINATION.—Upon termination of employment
with the Bureau, any annual leave remaining to the
credit of an individual within the purview of this sec-
tion shall be liquidated in accordance with sections
5551(a) and 6306 of title 5, United States Code, ex-
cept that leave earned or accrued under regulations
prescribed pursuant to subsection (b)(10) of this sec-
tion shall not be so liquidated.
‘‘(i) TRANSFER OF REMAINING SICK LEAVE UPON
TRANSFER, PROMOTION, OR REEMPLOYMENT.—In the case
of any educator who is transferred, promoted, or re-
appointed, without break in service, to a position in the
Federal Government under a different leave system, any re-
maining leave to the credit of such person earned or credited
under the regulations prescribed pursuant to subsection
365
(b)(10) shall be transferred to such person’s credit in the
employing agency on an adjusted basis in accordance with
regulations which shall be prescribed by the Office of Per-
sonnel Management.
‘‘(j) INELIGIBILITY
FOR EMPLOYMENT
OF VOLUN-
TARILY TERMINATED EDUCATORS.—An educator who vol-
untarily terminates employment 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 re-
mainder of the term of such contract.
‘‘(k) DUAL COMPENSATION.—In the case of any educa-
tor employed in an education position described in sub-
section (l)(1)(A) who—
‘‘(1) is employed at the close of a school year,
‘‘(2) agrees in writing to serve in such 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 section 5533 of title 5,
United States Code, relating to dual compensation,
shall not apply to such educator by reason of any such em-
ployment during a recess period for any receipt of addi-
tional compensation.
366
‘‘(l) 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. Noth-
ing in this title shall be construed to require Federal em-
ployees to work without compensation or to allow the use
of volunteer services to displace or replace Federal employ-
ees. An individual providing volunteer services under this
section is a Federal employee only for purposes of chapter
81 of title 5, United States Code, and chapter 171 of title
28, United States Code.
‘‘(m) PRORATION OF PAY.—
‘‘(1) ELECTION OF EMPLOYEE.—Notwithstanding
any other provision of law, including 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 academic
school year over the entire 12-month period. Each ed-
ucator employed for the academic school year shall
annually elect to be paid on a 12-month basis or for
those months while school is in session. No educator
shall suffer a loss of pay or benefits, including benefits
under unemployment or other Federal or federally as-
sisted programs, because of such election.
367
‘‘(2) CHANGE OF ELECTION.—During the course
of such year the employee may change election once.
‘‘(3) LUMP SUM PAYMENT.—That portion of the
employee’s pay which would be paid between aca-
demic school years may be paid in a lump sum at
the election of the employee.
‘‘(4) DEFINITIONS.——For purposes of this sub-
section, the terms ‘educator’ and ‘education position’
have the meanings contained in paragraphs (1) and
(2) of subsection (o). This subsection applies to those
individuals employed under the provisions of section
1132 of this title or title 5, United States Code.
‘‘(n) EXTRACURRICULAR ACTIVITIES.—
‘‘(1) STIPEND.—Notwithstanding any other pro-
vision of law, the Secretary may provide, for each
Bureau area, a stipend in lieu of overtime premium
pay or compensatory time off. Any employee of the
Bureau who performs additional activities to provide
services to students or otherwise support the school’s
academic and social programs may elect to be com-
pensated for all such work on the basis of the stipend.
Such stipend shall be paid as a supplement to the em-
ployee’s base pay.
‘‘(2) ELECTION NOT TO RECEIVE STIPEND.—If
an employee elects not to be compensated through the
368
stipend established by this subsection, the appropriate
provisions of title 5, United States Code, shall apply.
‘‘(3) APPLICABILITY OF SUBSECTION.—This sub-
section applies to all Bureau employees, whether em-
ployed under section 1132 of this title or title 5,
United States Code.
‘‘(o) DEFINITIONS.—For the purpose of this section—
‘‘(1) EDUCATION
POSITION.—The term ‘edu-
cation position’ means a position 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
369
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
education-related programs other than the posi-
tion for agency superintendent for education.
‘‘(2) EDUCATOR.—The term ‘educator’ means an
individual whose services are required, or who is em-
ployed, in an education position.
‘‘(p) COVERED INDIVIDUALS; ELECTION.—This section
shall apply with respect to any educator hired after Novem-
ber 1, 1979 (and to any educator who elected for coverage
under that provision after November 1, 1979) and to the
position in which such individual is employed. The enact-
ment of this section shall not affect the continued employ-
ment of an individual employed on October 31, 1979 in
an education position, or such person’s right to receive the
compensation attached to such position.
‘‘SEC. 1133. COMPUTERIZED MANAGEMENT INFORMATION
SYSTEM.
‘‘(a) ESTABLISHMENT OF SYSTEM.—Not later than
July 1, 2001, the Secretary shall establish within the Office,
a computerized management information system, which
370
shall provide processing and information to the Office. The
information 
provided 
shall 
include 
information
regarding—
‘‘(1) student enrollment;
‘‘(2) curriculum;
‘‘(3) staffing;
‘‘(4) facilities;
‘‘(5) community demographics;
‘‘(6) student assessment information;
‘‘(7) information on the administrative and pro-
gram costs attributable to each Bureau program, di-
vided into discreet elements;
‘‘(8) relevant reports;
‘‘(9) personnel records;
‘‘(10) finance and payroll; and
‘‘(11) such other items as the Secretary deems
appropriate.
‘‘(b) IMPLEMENTATION OF SYSTEM.—Not later than
July 1, 2002, the Secretary shall complete implementation
of such a system at each field office and Bureau funded
school.
‘‘SEC. 1134. UNIFORM EDUCATION PROCEDURES AND PRAC-
TICES.
‘‘The Secretary shall cause the various divisions of the
Bureau to formulate uniform procedures and practices with
371
respect to such concerns of those divisions as relate to edu-
cation, and shall report such practices and procedures to
the Congress.
‘‘SEC. 1135. 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. 1136. BIENNIAL REPORT; AUDITS.
‘‘(a) BIENNIAL REPORTS.—The Secretary shall submit
to each appropriate committee of Congress, all Bureau
funded schools, and the tribal governing bodies of such
schools, a detailed biennial report on the state of education
within the Bureau and any problems encountered in Indian
education during the 2-year period covered by the report.
Such report shall contain suggestions for the improvement
of the Bureau educational system and for increasing tribal
or local Indian control of such system. Such report shall
also include the current status of tribally controlled commu-
nity colleges. The annual budget submission for the Bu-
reau’s education programs shall include—
‘‘(1) information on the funds provided to pre-
viously private schools under section 208 of the In-
dian Self-Determination and Education Assistance
372
Act, and recommendations with respect to the future
use of such funds;
‘‘(2) the needs and costs of operations and main-
tenance of tribally controlled community colleges eli-
gible for assistance under the Tribally Controlled
Community College Assistance Act of 1978 and rec-
ommendations with respect to meeting such needs and
costs; and
‘‘(3) the plans required by sections 1121 (g),
1122(c), and 1125(b).
‘‘(b) FINANCIAL AND COMPLIANCE AUDITS.—The In-
spector General of the Department of the Interior shall es-
tablish a system to ensure that financial and compliance
audits are conducted of each Bureau operated school at least
once in every 3 years. Audits of Bureau schools shall be
based upon the extent to which such school has complied
with its local financial plan under section 1130.
‘‘SEC. 1137. RIGHTS OF INDIAN STUDENTS.
‘‘The Secretary shall prescribe such rules and regula-
tions as are necessary to ensure the constitutional and civil
rights of Indian students attending Bureau funded schools,
including such students’ right to privacy under the laws
of the United States, such students’ right to freedom of reli-
gion and expression, and such students’ right to due process
373
in connection with disciplinary actions, suspensions, and
expulsions.
‘‘SEC. 1138. REGULATIONS.
‘‘(a) IN GENERAL.—The Secretary is authorized to
issue only such regulations as are necessary to ensure com-
pliance with the specific provision of this Act. The Sec-
retary shall publish proposed regulations in the Federal
Register, shall provide a period of not less than 90 days
for public comment thereon, and shall place in parentheses
after each regulatory section the citation to any statutory
provision providing authority to promulgate such regu-
latory provision.
‘‘(b) MISCELLANEOUS.—
‘‘(1) CONSTRUCTION.—The provisions of this Act
shall supersede any conflicting provisions of law (in-
cluding any conflicting regulations) in effect on the
day before the date of enactment of this Act and the
Secretary is authorized to repeal any regulation in-
consistent with the provisions of this Act.
‘‘(2) GENERAL
APPLICABILITY
OF
CERTAIN
RULES; LEGAL AUTHORITY TO BE STATED.—Regula-
tions required to be adopted under sections 2006
through 2018 and any revisions of the standards de-
veloped under section 2001 or 2002 shall be deemed
rules of general applicability prescribed for the ad-
374
ministrations of an applicable program for the pur-
poses of section 437 of the Elementary and Secondary
Education Amendments of 1967 and shall be promul-
gated, submitted for congressional review, and take ef-
fect in accordance with the provisions of such section.
Such regulations shall contain, immediately following
each substantive provision of such regulations, cita-
tions to the particular section or sections of statutory
law or other legal authority upon which provision is
based.
‘‘SEC. 1138A. REGIONAL MEETINGS AND NEGOTIATED RULE-
MAKING.
‘‘(a) MEETINGS.—
‘‘(1) IN GENERAL.—The Secretary shall obtain
tribal involvement in the development of proposed reg-
ulations under this part and the Tribally Controlled
Schools Act of 1988. The Secretary shall obtain the
advice of and recommendations from representatives
of Indian tribes with Bureau-funded schools on their
reservations, Indian tribes whose children attend Bu-
reau funded off-reservation boarding schools, school
boards, administrators or employees of Bureau-funded
schools, and parents and teachers of students enrolled
in Bureau-funded schools.
375
‘‘(2) ISSUES.—The Secretary shall provide for a
comprehensive discussion and exchange of informa-
tion concerning the implementation of this part and
the Tribally Controlled Schools Act of 1988 through
such mechanisms as regional meetings and electronic
exchanges of information. The Secretary shall take
into account the information received through such
mechanisms in the development of proposed regula-
tions and shall publish a summary of such informa-
tion in the Federal Register together with such pro-
posed regulations.
‘‘(b) DRAFT REGULATIONS.—
‘‘(1) IN GENERAL.—After obtaining the advice
and recommendations described in subsection (a)(1)
and before publishing proposed regulations in the
Federal Register, the Secretary shall prepare draft
regulations implementing this part and the Tribally
Controlled Schools Act of 1988 and shall submit such
regulations to a negotiated rulemaking process. Par-
ticipants in the negotiations process shall be chosen
by the Secretary from individuals nominated by the
entities described in subsection (a)(1). To the max-
imum extent possible, the Secretary shall ensure that
the tribal representative membership chosen pursuant
to the preceding sentence reflects the proportionate
376
share of students from tribes served by the Bureau-
funded school system. The negotiation process shall be
conducted in a timely manner in order that the final
regulations may issued by the Secretary no later than
18 months after enactment of this section, provided
that the authority of the Secretary to promulgate reg-
ulations under this part and the Tribally Controlled
Schools Act of 1988 shall expire if final regulations
are not promulgated within the time stated in this
sentence. If the Secretary determines that an exten-
sion of the deadline in the preceding sentence is nec-
essary, the Secretary may submit proposed legislation
to Congress for extension of such deadline.
‘‘(2) 
EXPANSION
OF
NEGOTIATED
RULE-
MAKING.—All regulations pertaining to this part and
the Tribally Controlled Schools Act of 1988 that are
promulgated after the date of enactment of this sub-
section shall be subject to a negotiated rulemaking
(including the selection of the regulations to be nego-
tiated), unless the Secretary determines that applying
such a requirement with respect to given regulations
is impracticable, unnecessary, or contrary to the pub-
lic 
interest 
(within 
the 
meaning 
of 
section
553(b)(3)(B) of title 5), and publishes the basis for
such determination in the Federal Register at the
377
same time as the proposed regulations in question are
first published. All published proposed regulations
shall conform to agreements resulting from such nego-
tiated rulemaking unless the Secretary reopens the ne-
gotiated rulemaking process or provides a written ex-
planation to the participants in that process why the
Secretary has decided to depart from such agreements.
Such negotiated rulemaking shall be conducted in ac-
cordance with the provisions of subsection (a), and
the Secretary shall ensure that a clear and reliable
record of agreements reached during the negotiation
process is maintained.
‘‘(c) APPLICABILITY
OF FEDERAL ADVISORY COM-
MITTEE ACT.—The Federal Advisory Committee Act shall
apply to activities carried out under this section.
‘‘SEC. 1139. EARLY CHILDHOOD DEVELOPMENT PROGRAM.
‘‘(a) IN GENERAL.—The Secretary shall provide grants
to tribes, tribal organizations, and consortia of tribes and
tribal organizations to fund early childhood development
programs that are operated by such tribes, organizations,
or consortia.
‘‘(b) AMOUNT OF GRANTS.—
‘‘(1) IN
GENERAL.—The total amount of the
grants provided under subsection (a) with respect to
each tribe, tribal organization, or consortium of tribes
378
or tribal organizations for each fiscal year shall be
equal to the amount which bears the same relation-
ship to the total amount appropriated under the au-
thority of subsection (g) for such fiscal year (less
amounts provided under subsection (f)) as—
‘‘(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 consor-
tium; or
‘‘(II) authorizes any tribal orga-
nization that is a member of such con-
sortium; 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
subsection (a);
‘‘(ii) is a member of a consortium that
is eligible to receive such funds; or
‘‘(iii) authorizes a tribal organization
that is eligible to receive such funds.
379
‘‘(2) LIMITATION.—No grant may be provided
under subsection (a)—
‘‘(A) to any tribe that has less than 500
members;
‘‘(B) to any tribal organization which is
authorized—
‘‘(i) by only 1 tribe that has less than
500 members; or
‘‘(ii) by 1 or more tribes that have a
combined total membership of less than 500
members; 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) APPLICATION.
‘‘(1) IN GENERAL.—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 consortia submits to the Sec-
retary an application for the grant at such time and
in such form as the Secretary shall prescribe.
‘‘(2) CONTENTS.—Applications submitted under
paragraph (1) shall set forth the early childhood de-
380
velopment program that the applicant desires to oper-
ate.
‘‘(d) REQUIREMENT
OF PROGRAMS FUNDED.—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;
‘‘(B) nutrition education;
‘‘(C) health education and screening;
‘‘(D) family literacy services;
‘‘(E) educational testing; and
‘‘(F) 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) COORDINATION
OF
FAMILY
LITERACY
PRO-
GRAMS.—Family literacy programs operated under this
section or other similar programs operated by the Bureau
shall coordinate with family literacy programs for Indian
children under part B of title I of the Elementary and Sec-
ondary Education Act of 1965 in order to avoid duplication
381
and to encourage the dissemination of information on qual-
ity family literacy programs serving Indians.
‘‘(f) ADMINISTRATIVE COSTS.—The Secretary shall,
out of funds appropriated under subsection (g), include in
the grants provided under subsection (a) amounts for ad-
ministrative costs incurred by the tribe, tribal organization,
or consortium of tribes in establishing and maintaining the
early childhood development program.
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out the provisions of this section, there
are authorized to be appropriated $10,000,000 for fiscal
year 2000 and such sums as may be necessary for each of
the fiscal years 2001, 2002, 2003, and 2004.
‘‘SEC. 1140. TRIBAL DEPARTMENTS OR DIVISIONS OF EDU-
CATION.
‘‘(a) IN GENERAL.—Subject to the availability of ap-
propriations, the Secretary shall provide grants and tech-
nical assistance to tribes for the development and operation
of tribal departments of education for the purpose of plan-
ning and coordinating all educational programs of the
tribe.
‘‘(b) GRANTS.—Grants provided under this section
shall—
‘‘(1) be based on applications from the governing
body of the tribe;
382
‘‘(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 res-
ervations (and on former Indian reservations in
Oklahoma);
‘‘(4) provide for the development of coordinated
educational programs on Indian reservations (and on
former Indian reservations in Oklahoma) (including
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
‘‘(6) otherwise comply with regulations for
grants under section 103(a) of the Indian Self-Deter-
mination and Educational Assistance Act that are in
383
effect on the date that application for such grants are
made.
‘‘(c) PRIORITIES.—
‘‘(1) IN GENERAL.—In making grants under this
section, the Secretary shall give priority to any appli-
cation that—
‘‘(A) includes assurances from the majority
of Bureau funded schools located within the
boundaries of the reservation of the applicant
that the tribal department of education to be
funded under this section will provide coordi-
nating services and technical assistance to all of
such schools, including 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 pro-
grams of such schools will be associated
with the unified application; and
‘‘(ii) the distribution of all funds re-
ceived under the unified application will be
equal to the amount of funds provided by
the applicable agency to which each of such
schools is entitled under law;
384
‘‘(B) includes assurances from the tribal
governing body that the tribal department of
education funded under this section will admin-
ister all contracts or grants (except those covered
by the other provisions of this title and the Trib-
ally Controlled Community College Assistance
Act of 1978) for education programs adminis-
tered by the tribe and will coordinate all of the
programs to the greatest extent possible;
‘‘(C) includes assurances for the monitoring
and auditing by or through the tribal depart-
ment of education of all education programs for
which funds are provided by contract or grant to
ensure that the programs 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 edu-
cation of all assets and functions of the Bu-
reau agency office associated with the tribe,
insofar as those responsibilities relate to
education; and
‘‘(ii) the termination by the Bureau of
such operations and office at the time of
such assumption;
385
except that when mutually agreeable between the
tribal governing body and the Assistant Sec-
retary, the period in which such assumption is
to occur may be modified, reduced, or extended
after the initial year of the grant.
‘‘(2) TIME PERIOD OF GRANT.—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) TERMS, CONDITIONS, OR REQUIREMENTS.—The
Secretary shall not impose any terms, conditions, or re-
quirements on the provision of grants under this section
that are not specified in this section.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out the provisions of this section, there
are authorized to be appropriated $2,000,000 for fiscal year
2000 and such sums as may be necessary for each of the
fiscal years 2001, 2002, 2003, and 2004.
‘‘SEC. 1141. DEFINITIONS.
‘‘For the purposes of this part, unless otherwise speci-
fied:
‘‘(1) AGENCY SCHOOL BOARD.—The term ‘agency
school board’ means a body, the members of which are
386
appointed by all of the school boards of the schools lo-
cated within an agency, including schools operated
under contract or grant, and the number of such
members shall be determined by the Secretary in con-
sultation with the affected tribes, except that, in agen-
cies serving a single school, the school board of such
school shall fulfill these duties, and in agencies having
schools or a school operated under contract or grant,
one such member at least shall be from such a school.
‘‘(2) BUREAU.—The term ‘Bureau’ means the
Bureau of Indian Affairs of the Department of the In-
terior.
‘‘(3) BUREAU FUNDED SCHOOL.—The term ‘Bu-
reau funded school’ means—
‘‘(A) a Bureau school;
‘‘(B) a contract or grant school; or
‘‘(C) a school for which assistance is pro-
vided under the Tribally Controlled Schools Act
of 1988.
‘‘(4) BUREAU
SCHOOL.—The term ‘Bureau
school’ means a Bureau operated elementary or sec-
ondary day or boarding school or a Bureau operated
dormitory for students attending a school other than
a Bureau school.
387
‘‘(5) CONTRACT OR GRANT SCHOOL.—The term
‘contract or grant school’ means an elementary or sec-
ondary school or dormitory which receives financial
assistance for its operation under a contract, grant or
agreement with the Bureau under section 102, 103(a),
or 208 of the Indian Self-Determination and Edu-
cation Assistance Act, or under the Tribally Con-
trolled Schools Act of 1988.
‘‘(6) EDUCATION LINE OFFICER.—The term ‘edu-
cation line officer’ means education personnel under
the supervision of the Director, whether located in the
central, area, or agency offices.
‘‘(7) FINANCIAL
PLAN.—The term ‘financial
plan’ means a plan of services provided by each Bu-
reau school.
‘‘(8) INDIAN ORGANIZATION.—the term ‘Indian
organization’ means any group, association, partner-
ship, corporation, or other legal entity owned or con-
trolled by a federally recognized Indian tribe or
tribes, or a majority of whose members are members
of federally recognized tribes.
‘‘(9) LOCAL EDUCATIONAL AGENCY.—The term
‘local educational agency’ means a board of education
or other legally constituted local school authority hav-
ing administrative control and direction of free public
388
education in a county, township, independent, or
other school district located within a State, and in-
cludes any State agency which directly operates and
maintains facilities for providing free public edu-
cation.
‘‘(10) LOCAL SCHOOL BOARD.—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 at-
tending the school, except that in schools serving a
substantial number of students from different tribes,
the members shall be appointed by the governing bod-
ies of the tribes affected, and the number of such
members shall be determined by the Secretary in con-
sultation with the affected tribes.
‘‘(11) OFFICE.—The term ‘Office’ means the Of-
fice of Indian Education Programs within the Bu-
reau.
‘‘(12) SECRETARY.—The term ‘Secretary’ means
the Secretary of the Interior.
‘‘(13) 
SUPERVISOR.—The 
term 
‘supervisor’
means the individual in the position of ultimate au-
thority at a Bureau school.
389
‘‘(14) TRIBAL
GOVERNING
BODY.—The term
‘tribal governing body’ means, with respect to any
school, the tribal governing body, or tribal governing
bodies, that represent at least 90 percent of the stu-
dents served by such school.
‘‘(15) TRIBE.—The term ‘tribe’ means any In-
dian tribe, band, nation, or other organized group or
community, including any Alaska Native village or
regional or village corporation as defined in or estab-
lished pursuant to the Alaska Native Claims Settle-
ment Act, 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.’’.
Subtitle C—Tribally Controlled
Schools Act of 1988
SEC. 420. TRIBALLY CONTROLLED SCHOOLS.
Sections 5202 through 5212 of Public Law 100–297
(25 U.S.C. 2501 et seq.) are amended to read as follows:
‘‘SEC. 5202. FINDINGS.
‘‘Congress, after careful review of the Federal Govern-
ment’s historical and special legal relationship with, and
resulting responsibilities to, Indians, finds that—
‘‘(1) the Indian Self-Determination and Edu-
cation Assistance Act, which was a product of the le-
gitimate aspirations and a recognition of the inherent
390
authority of Indian nations, was and is a crucial
positive step towards tribal and community control;
‘‘(2) the Bureau of Indian Affairs’ administra-
tion and domination of the contracting process under
such Act has not provided the full opportunity to de-
velop leadership skills crucial to the realization of
self-government and has denied Indians an effective
voice in the planning and implementation of pro-
grams for the benefit of Indians which are responsive
to the true needs of Indian communities;
‘‘(3) Indians will never surrender their desire to
control their relationships both among themselves and
with non-Indian governments, organizations, and
persons;
‘‘(4) true self-determination in any society of
people is dependent upon an educational process
which will ensure the development of qualified people
to fulfill meaningful leadership roles;
‘‘(5) the Federal administration of education for
Indian children has not effected the desired level of
educational achievement or created the diverse oppor-
tunities and personal satisfaction that education can
and should provide;
‘‘(6) true local control requires the least possible
Federal interference; and
391
‘‘(7) the time has come to enhance the concepts
made manifest in the Indian Self-Determination and
Education Assistance Act.
‘‘SEC. 5203. DECLARATION OF POLICY.
‘‘(a) RECOGNITION.—Congress recognizes the obliga-
tion of the United States to respond to the strong expression
of the Indian people for self-determination by assuring
maximum Indian participation in the direction of edu-
cational services so as to render such services more respon-
sive to the needs and desires of those communities.
‘‘(b) COMMITMENT.—Congress declares its commitment
to the maintenance of the Federal Government’s unique and
continuing trust relationship with and responsibility to the
Indian people through the establishment of a meaningful
Indian self-determination policy for education which will
deter further perpetuation of Federal bureaucratic domina-
tion of programs.
‘‘(c) NATIONAL GOAL.—Congress declares that a major
national goal of the United States is to provide the re-
sources, processes, and structure which will enable tribes
and local communities to effect the quantity and quality
of educational services and opportunities which will permit
Indian children to compete and excel in the life areas of
their choice and to achieve the measure of self-determination
essential to their social and economic well-being.
392
‘‘(d) EDUCATIONAL NEEDS.—Congress affirms the re-
ality of the special and unique educational needs of Indian
peoples, including the need for programs to meet the lin-
guistic and cultural aspirations of Indian tribes and com-
munities. These may best be met through a grant process.
‘‘(e) FEDERAL
RELATIONS.—Congress declares its
commitment to these policies and its support, to the full
extent of its responsibility, for Federal relations with the
Indian Nations.
‘‘(f) TERMINATION.—Congress hereby repudiates and
rejects House Resolution 108 of the 83d Congress and any
policy of unilateral termination of Federal relations with
any Indian Nation.
‘‘SEC. 5204. GRANTS AUTHORIZED.
‘‘(a) IN GENERAL.—
‘‘(1) ELIGIBILITY.—The Secretary shall provide
grants to Indian tribes, and tribal organizations
that—
‘‘(A) operate contract schools under title XI
of the Education Amendments of 1978 and no-
tify the Secretary of their election to operate the
schools with assistance under this part rather
than continuing as contract school;
‘‘(B) operate other tribally controlled schools
eligible for assistance under this part and submit
393
applications (which are approved by their tribal
governing bodies) to the Secretary for such
grants; or
‘‘(C) elect to assume operation of Bureau
funded schools with the assistance under this
part and submit applications (which are ap-
proved by their tribal governing bodies) to the
Secretary for such grants.
‘‘(2) DEPOSIT
OF
FUNDS.—Grants provided
under this part shall be deposited into the general op-
erating fund of the tribally controlled school with re-
spect to which the grant is made.
‘‘(3) USE OF FUNDS.—(A) Except as otherwise
provided in this paragraph, grants provided under
this part shall be used to defray, at the discretion of
the school board of the tribally controlled school with
respect to which the grant is provided, any expendi-
tures for education related activities for which any
funds that compose the grant may be used under the
laws described in section 5205(a), including, but not
limited to, expenditures for—
‘‘(i) school operations, academic, edu-
cational, residential, guidance and counseling,
and administrative purposes; and
394
‘‘(ii) support services for the school, includ-
ing transportation.
‘‘(B) Grants provided under this part may, at
the discretion of the school board of the tribally con-
trolled school with respect to which such grant is pro-
vided, be used to defray operations and maintenance
expenditures for the school if any funds for the oper-
ation and maintenance of the school are allocated to
the school under the provisions of any of the laws de-
scribed in section 5205(a).
‘‘(b) LIMITATIONS.—
‘‘(1) 1 GRANT PER TRIBE OR ORGANIZATION PER
FISCAL YEAR.—Not more than 1 grant may be pro-
vided under this part with respect to any Indian
tribe or tribal organization for any fiscal year.
‘‘(2) 
NONSECTARIAN
USE.—Funds 
provided
under any grant made under this part may not be
used in connection with religious worship or sec-
tarian instruction.
‘‘(3) 
ADMINISTRATIVE
COSTS
LIMITATION.—
Funds provided under any grant under this part may
not be expended for administrative costs (as defined
in section 1128(h)(1) of the Education Amendments
of 1978) in excess of the amount generated for such
costs under section 1128 of such Act.
395
‘‘(c) LIMITATION ON TRANSFER OF FUNDS AMONG
SCHOOLSITES.—
‘‘(1) IN GENERAL.—In the case of a grantee that
operates schools at more than one schoolsite, the
grantee may expend not more than the lesser of—
‘‘(A) 10 percent of the funds allocated for
such schoolsite under section 1128 of the Edu-
cation Amendments of 1978; or
‘‘(B) $400,000 of such funds, at any other
schoolsite.
‘‘(2) DEFINITION OF SCHOOLSITE.—For purposes
of this subsection, the term ‘schoolsite’ means the
physical location and the facilities of an elementary
or secondary educational or residential program oper-
ated by, or under contract or grant with, the Bureau
for which a discreet student count is identified under
the funding formula established under section 1127 of
the Education Amendments of 1978.
‘‘(d) NO REQUIREMENT TO ACCEPT GRANTS.—Noth-
ing in this part may be construed—
‘‘(1) to require a tribe or tribal organization to
apply for or accept; or
‘‘(2) to allow any person to coerce any tribe or
tribal organization to apply for, or accept,
396
a grant under this part to plan, conduct, and administer
all of, or any portion of, any Bureau program. Such appli-
cations and the timing of such applications shall be strictly
voluntary. Nothing in this part may be construed as allow-
ing or requiring any grant with any entity other than the
entity to which the grant is provided.
‘‘(e) NO EFFECT
ON FEDERAL RESPONSIBILITY.—
Grants provided under this part shall not terminate, mod-
ify, suspend, or reduce the responsibility of the Federal Gov-
ernment to provide a program.
‘‘(f) RETROCESSION.—
‘‘(1) IN GENERAL.—Whenever a tribal governing
body requests retrocession of any program for which
assistance is provided under this part, such retroces-
sion shall become effective upon a date specified by
the Secretary that is not later than 120 days after the
date on which the tribal governing body requests the
retrocession. A later date as may be specified if mutu-
ally agreed upon by the Secretary and the tribal gov-
erning body. If such a program is retroceded, the Sec-
retary shall provide to any Indian tribe served by
such program at least the same quantity and quality
of services that would have been provided under such
program at the level of funding provided under this
part prior to the retrocession.
397
‘‘(2) STATUS AFTER RETROCESSION.—The tribe
requesting retrocession shall specify whether the ret-
rocession is to status as a Bureau operated school or
as a school operated under contract under title XI of
the Education Amendments of 1978.
‘‘(3) TRANSFER
OF
EQUIPMENT
AND
MATE-
RIALS.—Except as otherwise determined by the Sec-
retary, the tribe or tribal organization operating the
program to be retroceded must transfer to the Sec-
retary (or to the tribe or tribal organization which
will operate the program as a contract school) the ex-
isting 
equipment 
and 
materials 
which 
were
acquired—
‘‘(A) with assistance under this part; or
‘‘(B) upon assumption of operation of the
program under this part if the school was a Bu-
reau funded school under title XI of the Edu-
cation Amendments of 1978 before receiving as-
sistance under this part.
‘‘(g) PROHIBITION OF TERMINATION FOR ADMINISTRA-
TIVE CONVENIENCE.—Grants provided under this part may
not be terminated, modified, suspended, or reduced solely
for the convenience of the administering agency.
398
‘‘SEC. 5205. COMPOSITION OF GRANTS.
‘‘(a) IN GENERAL.—The grant provided under this
part to an Indian tribe or tribal organization for any fiscal
year shall consist of—
‘‘(1) the total amount of funds allocated for such
fiscal year under sections 1127 and 1128 of the Edu-
cation Amendments of 1978 with respect to the trib-
ally controlled schools eligible for assistance under
this part which are operated by such Indian tribe or
tribal organization, including, but not limited to,
funds provided under such sections, or under any
other provision of law, for transportation costs;
‘‘(2) to the extent requested by such Indian tribe
or tribal organization, the total amount of funds pro-
vided from operations and maintenance accounts and,
notwithstanding section 105 of the Indian Self-Deter-
mination Act, or any other provision of law, other fa-
cilities accounts for such schools for such fiscal year
(including but not limited to those referenced under
section 1126(d) of the Education Amendments of 1978
or any other law); and
‘‘(3) the total amount of funds that are allocated
to such schools for such fiscal year under—
‘‘(A) title I of the Elementary and Sec-
ondary Education Act of 1965;
400
the receipt of funds provided under any law referred
to in clause (i), (ii) or (iii) of subparagraph (A).
‘‘(2) 
SCHOOLS
CONSIDERED
CONTRACT
SCHOOLS.—Tribally controlled schools for which
grants are provided under this part shall be treated
as contract schools for the purposes of allocation of
funds under sections 1126(d), 1127, and 1128 of the
Education Amendments of 1978.
‘‘(3) 
SCHOOLS
CONSIDERED
BUREAU
SCHOOLS.—Tribally controlled schools for which
grants are provided under this chapter shall be treat-
ed as Bureau schools for the purposes of allocation of
funds provided under—
‘‘(A) title I of the Elementary and Sec-
ondary Education Act of 1965;
‘‘(B) the Individuals with Disabilities Edu-
cation Act; and
‘‘(C) any other Federal education law, that
are distributed through the Bureau.
‘‘(4) ACCOUNTS; USE OF CERTAIN FUNDS.—(A)
Notwithstanding section 5204(a)(2), with respect to
funds from facilities improvement and repair, alter-
ation and renovation (major or minor), health and
safety, or new construction accounts included in the
grant under section 5204(a), the grantee shall main-
401
tain a separate account for such funds. At the end of
the period designated for the work covered by the
funds received, the grantee shall submit to the Sec-
retary a separate accounting of the work done and the
funds expended to the Secretary. Funds received from
these accounts may only be used for the purpose for
which they were appropriated and for the work en-
compassed by the application or submission under
which they were received.
‘‘(B) Notwithstanding subparagraph (A), a
school receiving a grant under this part for facilities
improvement and repair may use such grant funds
for new construction if the tribal government or other
organization provides funding for the new construc-
tion equal to at least 25 percent of the total cost of
such new construction.
‘‘(C) Where the appropriations measure or the
application submission does not stipulate a period for
the work covered by the funds so designated, the Sec-
retary and the grantee shall consult and determine
such a period prior to the transfer of the funds. A pe-
riod so determined may be extended upon mutual
agreement of the Secretary and the grantee.
‘‘(5) ENFORCEMENT OF REQUEST TO INCLUDE
FUNDS.—If the Secretary fails to carry out a request
402
made under subsection (a)(2) within 180 days of a
request filed by an Indian tribe or tribal organization
to include in such tribe or organization’s grant the
funds described in subsection (a)(2), the Secretary
shall be deemed to have approved such request and the
Secretary shall immediately amend the grant accord-
ingly. Such tribe or organization may enforce its
rights under subsection (a)(2) and this paragraph, in-
cluding any denial or failure to act on such tribe or
organization’s request, pursuant to the disputes au-
thority described in section 5209(e).
‘‘SEC. 5206. ELIGIBILITY FOR GRANTS.
‘‘(a) RULES.—
‘‘(1) IN GENERAL.—A tribally controlled school
is eligible for assistance under this part if the
school—
‘‘(A) on April 28, 1988, was a contract
school under title XI of the Education Amend-
ments of 1978 and the tribe or tribal organiza-
tion operating the school submits to the Sec-
retary a written notice of election to receive a
grant under this part;
‘‘(B) was a Bureau operated school under
title XI of the Education Amendments of 1978
and has met the requirements of subsection (b);
403
‘‘(C) is a school for which the Bureau has
not provided funds, but which has met the re-
quirements of subsection (c); or
‘‘(D) is a school with respect to which an
election has been made under paragraph (2) and
which has met the requirements of subsection (b).
‘‘(2) NEW
SCHOOLS.—Any application which
has been submitted under the Indian Self-Determina-
tion and Education Assistance Act by an Indian tribe
for a school which is not in operation on the date of
enactment of the Student Results Act of 1999 shall be
reviewed under the guidelines and regulations for ap-
plications submitted under the Indian Self-Deter-
mination and Education Assistance Act that were in
effect at the time the application was submitted, un-
less the Indian tribe or tribal organization elects to
have the application reviewed under the provisions of
subsection (b).
‘‘(b) ADDITIONAL REQUIREMENTS FOR BUREAU FUND-
ED SCHOOLS AND CERTAIN ELECTING SCHOOLS.—
‘‘(1) BUREAU FUNDED SCHOOLS.—A school that
was a Bureau funded school under title XI of the
Education Amendments of 1978 on the date of enact-
ment of the Student Results Act of 1999, and any
school with respect to which an election is made
404
under subsection (a)(2), meets the requirements of this
subsection if—
‘‘(A) the Indian tribe or tribal organization
that operates, or desires to operate, the school
submits to the Secretary an application request-
ing that the Secretary—
‘‘(i) transfer operation of the school to
the Indian tribe or tribal organization, if
the Indian tribe or tribal organization is
not already operating the school; and
‘‘(ii) make a determination as to
whether the school is eligible for assistance
under this part; and
‘‘(B) the Secretary makes a determination
that the school is eligible for assistance under
this part.
‘‘(2) CERTAIN ELECTING SCHOOLS.—(A) By not
later than the date that is 120 days after the date on
which an application is submitted to the Secretary
under 
paragraph 
(1)(A), 
the 
Secretary 
shall
determine—
‘‘(i) in the case of a school which is not
being operated by the Indian tribe or tribal or-
ganization, whether to transfer operation of the
405
school to the Indian tribe or tribal organization;
and
‘‘(ii) whether the school is eligible for assist-
ance under this part.
‘‘(B) In considering applications submitted
under paragraph (1)(A), the Secretary—
‘‘(i) shall transfer operation of the school to
the Indian tribe or tribal organization, if the
tribe or tribal organization is not already oper-
ating the school; and
‘‘(ii) shall determine that the school is eligi-
ble for assistance under this part, unless the Sec-
retary finds by clear and convincing evidence
that the services to be provided by the Indian
tribe or tribal organization will be deleterious to
the welfare of the Indians served by the school.
‘‘(C) In considering applications submitted
under paragraph (1)(A), the Secretary shall consider
whether the Indian tribe or tribal organization would
be deficient in operating the school with respect to—
‘‘(i) equipment;
‘‘(ii) bookkeeping and accounting proce-
dures;
‘‘(iii) ability to adequately manage a school;
or
406
‘‘(iv) adequately trained personnel.
‘‘(c) ADDITIONAL REQUIREMENTS
FOR
A SCHOOL
WHICH IS NOT A BUREAU FUNDED SCHOOL.—
‘‘(1) IN GENERAL.—A school which is not a Bu-
reau funded school under title XI of the Education
Amendments of 1978 meets the requirements of this
subsection if—
‘‘(A) the Indian tribe or tribal organization
that operates, or desires to operate, the school
submits to the Secretary an application request-
ing a determination by the Secretary as to
whether the school is eligible for assistance under
this part; and
‘‘(B) the Secretary makes a determination
that a school is eligible for assistance under this
part.
‘‘(2) DEADLINE
FOR
DETERMINATION
BY
SEC-
RETARY.—(A) By not later than the date that is 180
days after the date on which an application is sub-
mitted to the Secretary under paragraph (1)(A), the
Secretary shall determine whether the school is eligible
for assistance under this part.
‘‘(B) In making the determination under sub-
paragraph (A), the Secretary shall give equal consid-
eration to each of the following factors:
407
‘‘(i) 
with 
respect 
to 
the 
applicant’s
proposal—
‘‘(I) the adequacy of facilities or the
potential to obtain or provide adequate fa-
cilities;
‘‘(II) geographic and demographic fac-
tors in the affected areas;
‘‘(III) adequacy of the applicant’s pro-
gram plans;
‘‘(IV) geographic proximity of com-
parable public education; and
‘‘(V) the needs as expressed by all af-
fected parties, including but not limited to
students, families, tribal governments at
both the central and local levels, and school
organizations; and
‘‘(ii) with respect to all education services
already available—
‘‘(I) geographic and demographic fac-
tors in the affected areas;
‘‘(II) adequacy and comparability of
programs already available;
‘‘(III) consistency of available pro-
grams with tribal education codes or tribal
legislation on education; and
408
‘‘(IV) the history and success of these
services for the proposed population to be
served, as determined from all factors in-
cluding, if relevant, standardized examina-
tion performance.
‘‘(C) The Secretary may not make a
determination under this paragraph that is
primarily based upon the geographic prox-
imity of comparable public education.
‘‘(D) Applications submitted under
paragraph (1)(A) shall include information
on the factors described in subparagraph
(B)(i), but the applicant may also provide
the Secretary such information relative to
the factors described in subparagraph
(B)(ii) as the applicant considers appro-
priate.
‘‘(E) If the Secretary fails to make a
determination under subparagraph (A) with
respect to an application within 180 days
after the date on which the Secretary re-
ceived the application, the Secretary shall
be treated as having made a determination
that the tribally controlled school is eligible
for assistance under the title and the grant
409
shall become effective 18 months after the
date on which the Secretary received the ap-
plication, or on an earlier date, at the Sec-
retary’s discretion.
‘‘(d) FILING OF APPLICATIONS AND REPORTS.—
‘‘(1) IN GENERAL.—All applications and reports
submitted to the Secretary under this part, and any
amendments to such applications or reports, shall be
filed with the education line officer designated by the
Director of the Office of Indian Education Programs
of the Bureau of Indian Affairs. The date on which
such filing occurs shall, for purposes of this part, be
treated as the date on which the application or
amendment was submitted to the Secretary.
‘‘(2) SUPPORTING DOCUMENTATION.—Any appli-
cation that is submitted under this chapter shall be
accompanied by a document indicating the action
taken by the tribal governing body in authorizing
such application.
‘‘(e) EFFECTIVE
DATE
FOR
APPROVED
APPLICA-
TIONS.—Except as provided by subsection (c)(2)(E), a
grant provided under this part, and any transfer of the op-
eration of a Bureau school made under subsection (b), shall
become effective beginning the academic year succeeding the
410
fiscal year in which the application for the grant or transfer
is made, or at an earlier date determined by the Secretary.
‘‘(f) DENIAL OF APPLICATIONS.—
‘‘(1) IN GENERAL.—Whenever the Secretary re-
fuses to approve a grant under this chapter, to trans-
fer operation of a Bureau school under subsection (b),
or determines that a school is not eligible for assist-
ance under this part, the Secretary shall—
‘‘(A) state the objections in writing to the
tribe or tribal organization within the allotted
time;
‘‘(B) provide assistance to the tribe or tribal
organization to overcome all stated objections.
‘‘(C) at the request of the tribe or tribal or-
ganization, provide the tribe or tribal organiza-
tion a hearing on the record under the same
rules and regulations that apply under the In-
dian Self-Determination and Education Assist-
ance Act; and
‘‘(D) provide an opportunity to appeal the
objection raised.
‘‘(2) 
TIMELINE
FOR
RECONSIDERATION
OF
AMENDED APPLICATIONS.—The Secretary shall recon-
sider any amended application submitted under this
411
part within 60 days after the amended application is
submitted to the Secretary.
‘‘(g) REPORT.—The Bureau shall submit an annual
report to the Congress on all applications received, and ac-
tions taken (including the costs associated with such ac-
tions), under this section at the same time that the Presi-
dent is required to submit to Congress the budget under sec-
tion 1105 of title 31.
‘‘SEC. 5207. DURATION OF ELIGIBILITY DETERMINATION.
‘‘(a) IN GENERAL.—If the Secretary determines that
a tribally controlled school is eligible for assistance under
this part, the eligibility determination shall remain in effect
until the determination is revoked by the Secretary, and
the requirements of subsection (b) or (c) of section 5206,
if applicable, shall be considered to have been met with re-
spect to such school until the eligibility determination is
revoked by the Secretary.
‘‘(b) ANNUAL REPORTS.—
‘‘(1) IN GENERAL.—Each recipient of a grant
provided under this part shall complete an annual re-
port which shall be limited to—
‘‘(A) an annual financial statement report-
ing revenue and expenditures as defined by the
cost accounting established by the grantee;
412
‘‘(B) an annual financial audit conducted
pursuant to the standards of the Single Audit
Act of 1984;
‘‘(C) an annual submission to the Secretary
of the number of students served and a brief de-
scription of programs offered under the grant;
and
‘‘(D) a program evaluation conducted by an
impartial evaluation review team, to be based on
the standards established for purposes of sub-
section (c)(1)(A)(ii).
‘‘(2) EVALUATION REVIEW TEAMS.—Where ap-
propriate, other tribally controlled schools and rep-
resentatives of tribally controlled community colleges
shall make up members of the evaluation review
teams.
‘‘(3) EVALUATIONS.—In the case of a school
which is accredited, evaluations will be conducted at
intervals under the terms of accreditation.
‘‘(4) SUBMISSION OF REPORT.—
‘‘(A) TO
TRIBALLY
GOVERNING
BODY.—
Upon completion of the report required under
paragraph (a), the recipient of the grant shall
send (via first class mail, return receipt re-
quested) a copy of such annual report to the trib-
413
al governing body (as defined in section 1132(f)
of the Education Amendments of 1978) of the
tribally controlled school.
‘‘(B) TO SECRETARY.—Not later than 30
days after receiving written confirmation that
the tribal governing body has received the report
send pursuant to subsection (A), the recipient of
the grant shall send a copy of the report to the
Secretary.
‘‘(c) REVOCATION OF ELIGIBILITY.—
‘‘(1) IN GENERAL.—(A) The Secretary shall not
revoke a determination that a school is eligible for as-
sistance under this part if—
‘‘(i) the Indian tribe or tribal organization
submits the reports required under subsection (b)
with respect to the school; and
‘‘(ii) at least one of the following subclauses
applies with respect to the school:
‘‘(I) The school is certified or accred-
ited by a State or regional accrediting asso-
ciation or is a candidate in good standing
for such accreditation under the rules of the
State or regional accrediting association,
showing that credits achieved by the stu-
dents within the education programs are, or
414
will be, accepted at grade level by a State
certified or regionally accredited institution.
‘‘(II) A determination made by the
Secretary that there is a reasonable expecta-
tion that the accreditation described in sub-
clause (I), or the candidacy in good stand-
ing for such accreditation, will be reached
by the school within 3 years and that the
program offered by the school is beneficial to
the Indian students.
‘‘(III) The school is accredited by a
tribal department of education if such ac-
creditation is accepted by a generally recog-
nized regional or State accreditation agen-
cy.
‘‘(IV) The schools accept the standards
promulgated under section 1121 of the Edu-
cation Amendments of 1978 and an evalua-
tion of performance is conducted under this
section in conformance with the regulations
pertaining to Bureau operated schools by
an impartial evaluator chosen by the grant-
ee, but no grantee shall be required to com-
ply with these standards to a higher degree
than a comparable Bureau operated school.
415
‘‘(V) A positive evaluation of the school
is conducted by an impartial evaluator
agreed upon by the Secretary and the grant-
ee every 2 years under standards adopted
by the contractor under a contract for a
school entered into under the Indian Self-
Determination and Education Assistance
Act (or revisions of such standards agreed to
by the Secretary and the grantee) prior to
the date of enactment of this Act. If the Sec-
retary and the grantee other than the tribal
governing body fail to agree on such an
evaluator, the tribal governing body shall
choose the evaluator or perform the evalua-
tion. If the Secretary and a grantee which
is the tribal governing body fail to agree on
such an evaluator, this subclause shall not
apply.
‘‘(B) The choice of standards employed for the
purpose of subparagraph (A)(ii) shall be consistent
with section 1121(e) of the Education Amendments of
1978.
‘‘(2) NOTICE
REQUIREMENTS
FOR
REVOCA-
TION.—The Secretary shall not revoke a determina-
tion that a school is eligible for assistance under this
416
part, or reassume control of a school that was a Bu-
reau school prior to approval of an application sub-
mitted 
under 
section 
5206(b)(1)(A) 
until 
the
Secretary—
‘‘(A) provides notice to the tribally con-
trolled school and the tribal governing body
(within the meaning of section 1141(14) of the
Education Amendments of 1978) of the tribally
controlled school which states—
‘‘(i) the specific deficiencies that led to
the revocation or resumption determination;
and
‘‘(ii) the actions that are needed to
remedy such deficiencies; and
‘‘(B) affords such authority an opportunity
to effect the remedial actions.
‘‘(3) TECHNICAL
ASSISTANCE.—The Secretary
shall provide such technical assistance as is prac-
ticable to effect such remedial actions. Such notice
and technical assistance shall be in addition to a
hearing and appeal to be conducted pursuant to the
regulations described in section 5206(f)(1)(C).
‘‘(d) APPLICABILITY OF SECTION PURSUANT TO ELEC-
TION UNDER SECTION 5209(b).—With respect to a tribally
417
controlled school which receives assistance under this part
pursuant to an election made under section 5209(b)—
‘‘(1) subsection (b) of this section shall apply;
and
‘‘(2) the Secretary may not revoke eligibility for
assistance under this part except in conformance with
subsection (c) of this section.
‘‘SEC. 5208. PAYMENT OF GRANTS; INVESTMENT OF FUNDS.
‘‘(a) PAYMENTS.—
‘‘(1) IN GENERAL.—Except as otherwise provided
in this subsection, the Secretary shall make payments
to grantees under this part in 2 payments, of which—
‘‘(A) the first payment shall be made not
later than July 15 of each year in an amount
equal to 85 percent of the amount which the
grantee was entitled to receive during the pre-
ceding academic year; and;
‘‘(B) the second payment, consisting of the
remainder to which the grantee is entitled for the
academic year, shall be made not later than De-
cember 1 of each year.
‘‘(2) NEWLY FUNDED SCHOOLS.—For any school
for which no payment under this part was made from
Bureau funds in the preceding academic year, full
payment of the amount computed for the first aca-
418
demic year of eligibility under this part shall be made
not later than December 1 of the academic year.
‘‘(3) LATE FUNDING.—With regard to funds for
grantees that become available for obligation on Octo-
ber 1 of the fiscal year for which such funds are ap-
propriated, the Secretary shall make payments to
grantees not later than December 1 of the fiscal year.
‘‘(4) APPLICABILITY OF CERTAIN TITLE 31 PROVI-
SIONS.—The provisions of chapter 39 of Title 31,
United States Code, shall apply to the payments re-
quired to be made by paragraphs (1), (2), and (3).
‘‘(5) RESTRICTIONS.—Paragraphs (1), (2), and
(3) shall be subject to any restriction on amounts of
payments under this part that are imposed by a con-
tinuing resolution or other Act appropriating the
funds involved.
‘‘(b) INVESTMENT OF FUNDS.—
‘‘(1) TREATMENT OF INTEREST AND INVESTMENT
INCOME.—Notwithstanding any other provision of
law, any interest or investment income that accrues
to any funds provided under this part after such
funds are paid to the Indian tribe or tribal organiza-
tion and before such funds are expended for the pur-
pose for which such funds were provided under this
part shall be the property of the Indian tribe or tribal
419
organization and shall not be taken into account by
any officer or employee of the Federal Government in
determining whether to provide assistance, or the
amount of assistance, under any provision of Federal
law. Such interest income shall be spent on behalf of
the school.
‘‘(2) PERMISSIBLE
INVESTMENTS.—Funds pro-
vided under this part may be invested by the Indian
tribe or tribal organization before such funds are ex-
pended for the purposes of this part so long as such
funds are—
‘‘(A) invested by the Indian tribe or tribal
organization only in obligations of the United
States, or in obligations or securities that are
guaranteed or insured by the United States, or
mutual (or other) funds registered with the Secu-
rities and Exchange Commission and which only
invest in obligations of the United States, or se-
curities that are guaranteed or insured by the
United States; or
‘‘(B) deposited only into accounts that are
insure by and agency or instrumentality of the
United States, or are fully collateralized to en-
sure protection of the funds, even in the event of
a bank failure.
420
‘‘(c) RECOVERIES.—For the purposes of underrecovery
and overrecovery determinations by any Federal agency for
any other funds, from whatever source derived, funds re-
ceived under this part shall not be taken into consideration.
‘‘SEC. 5209. APPLICATION WITH RESPECT TO INDIAN SELF-
DETERMINATION AND EDUCATION ASSIST-
ANCE ACT.
‘‘(a) CERTAIN PROVISIONS TO APPLY TO GRANTS.—
The following provisions of the Indian Self-Determination
and Education Assistance Act (and any subsequent revi-
sions thereto or renumbering thereof), shall apply to grants
provided under this part:
‘‘(1) Section 5(f) (relating to single agency
audit).
‘‘(2) Section 6 (relating to criminal activities;
penalties).
‘‘(3) Section 7 (relating to wage and labor stand-
ards).
‘‘(4) Section 104 (relating to retention of Federal
employee coverage).
‘‘(5) Section 105(f) (relating to Federal prop-
erty).
‘‘(6) Section 105(k) (relating to access to Federal
sources of supply).
421
‘‘(7) Section 105(l) (relating to lease of facility
used for administration and delivery of services).
‘‘(8) Section 106(f) (relating to limitation on
remedies relating to cost allowances).
‘‘(9) Section 106(j) (relating to use of funds for
matching or cost participation requirements).
‘‘(10) Section 106(k) (relating to allowable uses
of funds).
‘‘(11) Section 108(c) (Model Agreements provi-
sions (1)(a)(5) (relating to limitations of costs),
(1)(a)(7) (relating to records and monitoring),
(1)(a)(8) (relating to property), and (a)(1)(9) (relat-
ing to availability of funds).
‘‘(12) Section 109 (relating to reassumption).
‘‘(13) Section 111 (relating to sovereign immu-
nity and trusteeship rights unaffected).
‘‘(b) ELECTION FOR GRANT IN LIEU OF CONTRACT.—
‘‘(1) IN GENERAL.—Contractors for activities to
which this part applies who have entered into a con-
tract under the Indian Self-Determination and Edu-
cation Assistance Act that is in effect upon the date
of enactment of the Student Results Act of 1999 may,
by giving notice to the Secretary, elect to have the
provisions of this part apply to such activity in lieu
of such contract.
422
‘‘(2) EFFECTIVE DATE OF ELECTION.—Any elec-
tion made under paragraph (1) shall take effect on
the later of—
‘‘(A) October 1 of the fiscal year succeeding
the fiscal year in which such election is made; or
‘‘(B) 60 days after the date of such election.
‘‘(3) EXCEPTION.—In any case in which the 60-
day period referred to in paragraph (2)(B) is less
than 60 days before the beginning of the succeeding
fiscal year, such election shall not take effect until the
fiscal year after the fiscal year succeeding the election.
‘‘(c) NO DUPLICATION.—No funds may be provided
under any contract entered into under the Indian Self-De-
termination and Education Assistance Act to pay any ex-
penses incurred in providing any program or services if
a grant has been made under this part to pay such expenses.
‘‘(d) TRANSFERS AND CARRYOVERS.—
‘‘(1) BUILDINGS, EQUIPMENT, SUPPLIES, MATE-
RIALS.—A tribe or tribal organization assuming the
operation of—
‘‘(A) a Bureau school with assistance under
this part shall be entitled to the transfer or use
of buildings, equipment, supplies, and materials
to the same extent as if it were contracting under
423
the Indian Self-Determination and Education
Assistance Act; or
‘‘(B) a contract school with assistance under
this part shall be entitled to the transfer or use
of buildings, equipment, supplies and materials
that were used in the operation of the contract
school to the same extent as if it were contracting
under the Indian Self-Determination and Edu-
cation Assistance Act
‘‘(2) FUNDS.—Any tribe or tribal organization
which assumes operation of a Bureau school with as-
sistance under this part and any tribe or tribal orga-
nization which elects to operate a school with assist-
ance under this part rather that to continue as a con-
tract school shall be entitled to any funds which
would carryover from the previous fiscal year as if
such school were operated as a contract school.
‘‘(e) EXCEPTIONS, PROBLEMS, AND DISPUTES.—Any
exception or problem cited in an audit conducted pursuant
to section 5207(b)(2), any dispute regarding a grant au-
thorized to be made pursuant to this part or any amend-
ment to such grant, and any dispute involving an adminis-
trative cost grant under section 1128 of the Education
Amendments of 1978 shall be administered under the provi-
sions governing such exceptions, problems, or disputes in
424
the case of contracts under the Indian Self-Determination
and Education Assistance Act of 1975. The Equal Access
to Justice Act shall apply to administrative appeals filed
after September 8, 1988, by grantees regarding a grant
under this part, including an administrative cost grant.
‘‘SEC. 5210. ROLE OF THE DIRECTOR.
‘‘Applications for grants under this part, and all ap-
plication modifications, shall be reviewed and approved by
personnel under the direction and control of the Director
of the Office of Indian Education Programs. Required re-
ports shall be submitted to education personnel under the
direction and control of the Director of such Office.
‘‘SEC. 5211. REGULATIONS.
‘‘The Secretary is authorized to issue regulations relat-
ing to the discharge of duties specifically assigned to the
Secretary by this part. In all other matters relating to the
details of planning, development, implementing, and evalu-
ating grants under this part, the Secretary shall not issue
regulations. Regulations issued pursuant to this part shall
not have the standing of a Federal statute for the purposes
of judicial review.
‘‘SEC. 5212. THE TRIBALLY CONTROLLED GRANT SCHOOL
ENDOWMENT PROGRAM.
‘‘(a) IN GENERAL.—
425
‘‘(1) Each school receiving grants under this part
may establish, at a Federally insured banking and
savings institution, a trust fund for the purposes of
this section.
‘‘(2) The school may provide—
‘‘(A) for the deposit into the trust fund, only
funds from non-Federal sources, except that the
interest on funds received from grants under this
part may be used for this purpose;
‘‘(B) for the deposit in the account of any
earnings on funds deposited in the account; and
‘‘(C) for the sole use of the school any
noncash, in-kind contributions of real or per-
sonal property, such property may at any time
be converted to cash.
‘‘(b) INTEREST.—Interest from the fund established
under subsection (a) may periodically be withdrawn and
used, at the discretion of the school, to defray any expenses
associated with the operation of the school.
‘‘SEC. 5213. DEFINITIONS.
‘‘For the purposes of this part:
‘‘(1) BUREAU.—The term ‘Bureau’ means the
Bureau of Indian Affairs of the Department of the In-
terior.
426
‘‘(2) ELIGIBLE INDIAN STUDENT.—The term ‘eli-
gible Indian student’ has the meaning of such term in
section 1127(f) of the Education Amendments of 1978.
‘‘(3) INDIAN
TRIBE.—The term ‘Indian tribe’
means any Indian tribe, band, nation, or other orga-
nized group or community, including Alaska Native
Village or regional corporations (as defined in or es-
tablished pursuant to the Alaskan Native Claims Set-
tlement Act, which is recognized as eligible for the
special programs and services provided by the United
States to Indians because of their status as Indians.
‘‘(4) LOCAL EDUCATIONAL AGENCY.—The term a
‘local educational agency’ means a public board of
education or other public authority legally constituted
within a State for either administrative control or di-
rection of, or to perform a service function for, public
elementary or secondary schools in a city, county,
township, school district, or other political subdivi-
sion of a State or such combination of school districts
or counties as are recognized in a State as an admin-
istrative agency for its public elementary or sec-
ondary schools. Such term includes any other public
institution or agency having administrative control
and direction of a public elementary or secondary
school.
427
‘‘(5) SECRETARY.—The term ‘Secretary’ means
the Secretary of the Interior.
‘‘(6) TRIBAL
ORGANIZATION.—(A) The term
‘tribal organization’ means—
‘‘(i) the recognized governing body of any
Indian tribe; or
‘‘(ii) any legally established organization of
Indians which—
‘‘(I) is controlled, sanctioned, or char-
tered by such governing body or is demo-
cratically elected by the adult members of
the Indian community to be served by such
organization; and
‘‘(II) includes the maximum participa-
tion of Indians in all phases of its activi-
ties.
‘‘(B) In any case in which a grant is provided
under this part to an organization to provide services
benefiting more than one Indian tribe, the approval
of the governing bodies of Indian tribes representing
80 percent of those students attending the tribally
controlled school shall be considered a sufficient tribal
authorization for such grant.
‘‘(7) TRIBALLY CONTROLLED SCHOOL.—The term
‘tribally controlled school’ means a school operated by
428
a tribe or a tribal organization, enrolling students in
kindergarten through grade 12, including preschools,
which is not a local educational agency and which is
not directly administered by the Bureau of Indian Af-
fairs.’’.
TITLE V—GIFTED AND
TALENTED CHILDREN
SEC. 501. AMENDMENT TO ESEA RELATING TO GIFTED AND
TALENTED CHILDREN.
Part B of title X of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 8031 et seq.) is amended
to read as follows:
‘‘PART B—GIFTED AND TALENTED CHILDREN
‘‘SEC. 10201. SHORT TITLE.
‘‘This part may be cited as the ‘Jacob K. Javits Gifted
and Talented Students Education Act of 1999’.
‘‘SEC. 10202. FINDINGS.
‘‘The Congress finds the following:
‘‘(1) While the families or communities of some
gifted students can provide private programs with ap-
propriately trained staff to supplement public edu-
cational offerings, most high-ability students, espe-
cially those from inner cities, rural communities, or
low-income families, must rely on the services and
personnel provided by public schools. Therefore, gifted
429
education programs, provided by qualified profes-
sionals in the public schools, are needed to provide
equal educational opportunities.
‘‘(2) Due to the wide dispersal of students who
are gifted and talented and the national interest in
a well-educated populace, the Federal Government can
most effectively and appropriately conduct scientif-
ically based research and development to provide an
infrastructure and to ensure that there is a national
capacity to educate students who are gifted and tal-
ented to meet the needs of the 21st century.
‘‘(3) State and local educational agencies often
lack the specialized resources and trained personnel to
consistently plan and implement effective programs
for the identification of gifted and talented students
and for the provision of educational services and pro-
grams appropriate for their needs.
‘‘(4) Because gifted and talented students gen-
erally are more advanced academically, are able to
learn more quickly, and study in more depth and
complexity than others their age, their educational
needs require opportunities and experiences that are
different from those generally available in regular
education programs.
430
‘‘(5) Typical elementary school students who are
academically gifted and talented already have mas-
tered 35 to 50 percent of the school year’s content in
several subject areas before the year begins. Without
an advanced and challenging curriculum, they often
lose their motivation and develop poor study habits
that are difficult to break.
‘‘(6) Elementary and secondary teachers have
students in their classrooms with a wide variety of
traits, characteristics, and needs. Most teachers re-
ceive some training to meet the needs of these stu-
dents, such as students with limited English pro-
ficiency, students with disabilities, and students from
diverse cultural and racial backgrounds. However,
most teachers do not receive training on meeting the
needs of students who are gifted and talented.
‘‘SEC. 10203. CONDITIONS ON EFFECTIVENESS OF SUB-
PARTS 1 AND 2.
‘‘(a) SUBPART 1.—Subpart 1 shall be in effect only
for a fiscal year for which subpart 2 is not in effect.
‘‘(b) SUBPART 2.—
‘‘(1) IN GENERAL.—Subpart 2 shall be in effect
only for—
431
‘‘(A) the first fiscal year for which the
amount appropriated to carry out this part
equals or exceeds $50,000,000; and
‘‘(B) all succeeding fiscal years.
‘‘(2) 
CONTINUATION
OF
AWARDS.—Notwith-
standing any other provision of this part, a State re-
ceiving a grant under subpart 2—
‘‘(A) shall give special consideration to a re-
quest for the continuation of an award within
the State, made by any public or private agency,
institution, or organization that was awarded a
grant or contract under subpart 1 for a fiscal
year for which such subpart was in effect; and
‘‘(B) may use funds received under such
grant for the purpose of permitting the agency,
institution, or organization to continue to receive
funds in accordance with the terms of such
award until the date on which the award period
terminates under such terms.
‘‘Subpart 1—Discretionary Grant Program
‘‘SEC. 10211. PURPOSE.
‘‘The purpose of this subpart is to initiate a coordi-
nated program of scientifically based research, demonstra-
tion projects, innovative strategies, and similar activities
designed to build a nationwide capability in elementary
432
and secondary schools to meet the special educational needs
of gifted and talented students.
‘‘SEC. 10212. GRANTS TO MEET EDUCATIONAL NEEDS OF
GIFTED AND TALENTED STUDENTS.
‘‘(a) ESTABLISHMENT OF PROGRAM.—
‘‘(1) IN
GENERAL.—Subject to section 10203,
from the sums available to carry out this subpart in
any fiscal year, the Secretary (after consultation with
experts in the field of the education of gifted and tal-
ented students) shall make grants to, or enter into
contracts with, State educational agencies, local edu-
cational agencies, institutions of higher education,
other public agencies, and other private agencies and
organizations (including Indian tribes and Indian
organizations (as such terms are defined in section 4
of the Indian Self-Determination and Education As-
sistance Act (25 U.S.C. 450b)) and Native Hawaiian
organizations) to assist such agencies, institutions,
and organizations in carrying out programs or
projects authorized by this subpart that are designed
to meet the educational needs of gifted and talented
students, including the training of personnel in the
education of gifted and talented students and in the
use, where appropriate, of gifted and talented services,
materials, and methods for all students.
433
‘‘(2) APPLICATION.—Each entity desiring assist-
ance under this subpart shall submit an application
to the Secretary at such time, in such manner, and
containing such information as the Secretary may
reasonably require. Each such application shall de-
scribe how—
‘‘(A) the proposed gifted and talented serv-
ices, materials, and methods can be adapted, if
appropriate, for use by all students; and
‘‘(B) the proposed programs can be evalu-
ated.
‘‘(b) USES OF FUNDS.—Programs and projects as-
sisted under this subpart may include the following:
‘‘(1) Carrying out—
‘‘(A) scientifically based research on meth-
ods and techniques for identifying and teaching
gifted and talented students, and for using gifted
and talented programs and methods to serve all
students; and
‘‘(B) program evaluations, surveys, and the
collection, analysis, and development of informa-
tion needed to accomplish the purpose of this
subpart.
‘‘(2) Professional development (including fellow-
ships) for personnel (including leadership personnel)
434
involved in the education of gifted and talented stu-
dents.
‘‘(3) Establishment and operation of model
projects and exemplary programs for serving gifted
and talented students, including innovative methods
for identifying and educating students who may not
be served by traditional gifted and talented programs,
including summer programs, mentoring programs,
service learning programs, and cooperative programs
involving business, industry, and education.
‘‘(4) Implementing innovative strategies, such as
cooperative learning, peer tutoring and service learn-
ing.
‘‘(5) Programs of technical assistance and infor-
mation dissemination, including assistance and infor-
mation with respect to how gifted and talented pro-
grams and methods, where appropriate, may be
adapted for use by all students.
‘‘(c) COORDINATION.—Scientifically based research ac-
tivities supported under this subpart—
‘‘(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 such Office; and
435
‘‘(2) may include collaborative scientifically
based research activities which are jointly funded and
carried out with such Office.
‘‘SEC. 10213. PROGRAM PRIORITIES.
‘‘(a) GENERAL PRIORITY.—In the administration of
this subpart, the Secretary shall give highest priority to
programs and projects designed to develop new information
that—
‘‘(1) improves the capability of schools to plan,
conduct, and improve programs to identify and serve
gifted and talented students; and
‘‘(2) assists schools in the identification of, and
provision of services to, gifted and talented students
who may not be identified and served through tradi-
tional assessment methods (including economically
disadvantaged individuals, individuals of limited
English proficiency, and individuals with disabil-
ities).
‘‘(b) SERVICE PRIORITY.—In approving applications
for assistance under section 10212(a)(2), the Secretary shall
ensure that in each fiscal year at least 1⁄2 of the applications
approved under such section address the priority described
in subsection (a)(2).
‘‘(c) SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES
FOR AUTHORIZED ACTIVITIES.—
436
‘‘(1) IN GENERAL.—For fiscal year 2001 and
succeeding fiscal years, the Secretary shall ensure that
a percentage of the excess amount described in para-
graph (2) is used to increase (in proportion to any
increases in such excess amounts) the number and size
of the grants under this subpart to State educational
agencies to begin implementing activities described in
section 10222(b) through competitive subgrants to
local educational agencies.
‘‘(2) EXCESS AMOUNT.—For purposes of para-
graph (1), the excess amount described in this para-
graph is, for fiscal year 2001 and succeeding fiscal
years, the amount (if any) by which the funds appro-
priated to carry out this subpart for the year exceed
such funds for fiscal year 2000.
‘‘SEC. 10214. GENERAL PROVISIONS FOR SUBPART.
‘‘(a) REVIEW, DISSEMINATION, AND EVALUATION.—
The Secretary—
‘‘(1) shall use a peer review process in reviewing
applications under this subpart;
‘‘(2) shall ensure that information on the activi-
ties and results of programs and projects funded
under this subpart is disseminated to appropriate
State and local educational agencies and other appro-
437
priate organizations, including nonprofit private or-
ganizations; and
‘‘(3) shall evaluate the effectiveness of programs
under this subpart in accordance with section 14701,
both in terms of the impact on students traditionally
served in separate gifted and talented programs and
on other students, and submit the results of such eval-
uation to the Congress not later than 2 years after the
date of the enactment of the Student Results Act of
1999.
‘‘(b) PROGRAM OPERATIONS.—The Secretary shall en-
sure that the programs under this subpart are administered
within the Department by a person who has recognized pro-
fessional qualifications and experience in the field of the
education of gifted and talented students and who—
‘‘(1) shall administer and coordinate the programs au-
thorized under this subpart;
‘‘(2) shall serve as a focal point of national lead-
ership and information on the educational needs of
gifted and talented students and the availability of
educational services and programs designed to meet
such needs; and
‘‘(3) shall assist the Assistant Secretary of the
Office of Educational Research and Improvement in
438
identifying research priorities which reflect the needs
of gifted and talented students.
‘‘Subpart 2—Formula Grant Program
‘‘SEC. 10221. PURPOSE.
‘‘The purpose of this subpart is to provide grants to
States to support programs, teacher preparation, and other
services designed to meet the needs of the Nation’s gifted
and talented students in elementary and secondary schools.
‘‘SEC. 10222. ESTABLISHMENT OF PROGRAM; USE OF FUNDS.
‘‘(a) IN GENERAL.—In the case of each State that in
accordance with section 10224 submits to the Secretary an
application for a fiscal year, subject to section 10203, the
Secretary shall make a grant for the year to the State for
the uses specified in subsection (b). The grant shall consist
of the allotment determined for the State under section
10223.
‘‘(b) AUTHORIZED ACTIVITIES.—Each State receiving
a grant under this subpart shall use the funds provided
under the grant to assist local educational agencies to de-
velop or expand gifted and talented education programs
through one or more of the following activities:
‘‘(1) Development and implementation of pro-
grams to address State and local needs for in-service
training programs for general educators, specialists
in gifted and talented education, administrators, or
439
other personnel at the elementary and secondary lev-
els.
‘‘(2) Making materials and services available
through State regional educational service centers, in-
stitutions of higher education, or other entities.
‘‘(3) Supporting innovative approaches and cur-
ricula used by local educational agencies (or consortia
of such agencies) or schools or (consortia of schools).
‘‘(4) Providing funds for challenging, high-level
course work, disseminated through new and emerging
technologies (including distance learning), for indi-
vidual students or groups of students in schools and
local educational agencies that do not have the re-
sources otherwise to provide such course work.
‘‘(c) COMPETITIVE PROCESS.—A State receiving a
grant under this subpart shall distribute at least 95 percent
of the amount of the grant to local educational agencies
through a competitive process that results in an equitable
distribution by geographic area within the State.
‘‘(d) LIMITATIONS ON USE OF FUNDS.—
‘‘(1) 
COURSE
WORK
PROVIDED
THROUGH
EMERGING
TECHNOLOGIES.—Activities under sub-
section (b)(4) may include development of curriculum
packages, compensation of distance-learning edu-
cators, or other relevant activities, but funds provided
440
under this subpart may not be used for the purchase
or upgrading of technological hardware.
‘‘(2) ADMINISTRATIVE COSTS.—A State receiving
a grant under this subpart may use not more than
5 percent of the amount of the grant for State admin-
istrative costs.
‘‘SEC. 10223. ALLOTMENTS TO STATES.
‘‘(a) RESERVATION
OF FUNDS.—From the amount
made available to carry out this subpart for any fiscal year,
the Secretary shall reserve 1⁄2 of 1 percent for the Secretary
of the Interior for programs under this subpart for teachers,
other staff, and administrators in schools operated or fund-
ed by the Bureau of Indian Affairs.
‘‘(b) STATE ALLOTMENTS.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the Secretary shall allot the total amount
made available to carry out this subpart for any fis-
cal year and not reserved under subsection (a) to the
50 States, the District of Columbia, and the Common-
wealth of Puerto Rico on the basis of their relative
populations of individuals aged 5 through 17, as de-
termined by the Secretary on the basis of the most re-
cent satisfactory data.
‘‘(2) MINIMUM
GRANT
AMOUNT.—No State re-
ceiving an allotment under paragraph (1) may re-
441
ceive less than 1⁄4 of 1 percent of the total amount al-
lotted under such paragraph.
‘‘(c) REALLOTMENT.—If any State does not apply for
an allotment under this section for any fiscal year, the Sec-
retary shall reallot such amount to the remaining States
in accordance with this section.
‘‘SEC. 10224. APPLICATION.
‘‘(a) IN GENERAL.—To be eligible to receive a grant
under this subpart, a State shall submit an application to
the Secretary at such time, in such manner, and containing
such information as the Secretary may reasonably require.
‘‘(b) CONTENTS.—Each application under this section
shall include assurances that—
‘‘(1) funds received under this subpart will be
used to support gifted and talented students in public
schools and public charter schools, including students
from all economic, ethnic, and racial backgrounds,
students of limited English proficiency, students with
disabilities, and highly gifted students;
‘‘(2) not less than 95 percent of the amount of
the funds provided under the grant shall be used for
the purpose of making, in accordance with this sub-
part and on a competitive basis, subgrants to local
educational agencies;
442
‘‘(3) funds received under this subpart shall be
used only to supplement, but not supplant, the
amount of State and local funds expended for special-
ized education and related services provided for the
education of gifted and talented students; and
‘‘(4) the State shall develop procedures to evalu-
ate program effectiveness.
‘‘(c) APPROVAL.—To the extent funds are made avail-
able for this subpart, the Secretary shall approve an appli-
cation of a State if such application meets the requirements
of this section.
‘‘SEC. 10225. ANNUAL REPORTING.
‘‘Beginning 1 year after the date of the enactment of
the Student Results Act of 1999, a State receiving a grant
under this subpart shall submit an annual report to the
Secretary that describes the number of students served and
the activities supported with funds provided under this sub-
part. The report shall include a description of the measures
taken to comply with paragraphs (1) and (4) of section
10224(b). To the extent practicable and otherwise author-
ized by law, this report shall be submitted as part of any
consolidated State performance report for State formula
grant programs under this Act.
443
‘‘Subpart 3—National Center for Research and Devel-
opment in the Education of Gifted and Talented
Children and Youth
‘‘SEC. 10231. CENTER FOR RESEARCH AND DEVELOPMENT.
‘‘(a) IN GENERAL.—The Secretary (after consultation
with experts in the field of the education of gifted and tal-
ented students) shall establish a National Center for Re-
search and Development in the Education of Gifted and
Talented Children and Youth through grants to or contracts
with one or more institutions of higher education or State
educational agencies, or a combination or consortium of
such institutions and agencies and other public or private
agencies and organizations, for the purpose of carrying out
activities described in section 10212(b)(1).
‘‘(b) DIRECTOR.—Such National Center shall have a
Director. The Secretary may authorize the Director to carry
out such functions of the National Center as may be agreed
upon through arrangements with institutions of higher edu-
cation, State or local educational agencies, or other public
or private agencies and organizations.
‘‘(c) COORDINATION.—Scientifically based research ac-
tivities supported under this subpart—
‘‘(1) shall be carried out in consultation with the
Office of Educational Research and Improvement to
ensure that such activities are coordinated with and
444
enhance the research and development activities sup-
ported by such Office; and
‘‘(2) may include collaborative scientifically
based research activities which are jointly funded and
carried out with such Office.
‘‘Subpart 4—General Provisions
‘‘SEC. 10241. CONSTRUCTION.
‘‘Nothing in this part shall be construed to prohibit
a recipient of funds under this part from serving gifted and
talented students simultaneously with students with similar
educational needs, in the same educational settings where
appropriate.
‘‘SEC. 10242. PARTICIPATION OF PRIVATE SCHOOL CHIL-
DREN AND TEACHERS.
‘‘In making grants and entering into contracts under
this part, the Secretary shall ensure, where appropriate,
that provision is made for the equitable participation of
students and teachers in private nonprofit elementary and
secondary schools, including the participation of teachers
and other personnel in professional development programs
serving such children.
‘‘SEC. 10243. DEFINITIONS.
‘‘For purposes of this part:
‘‘(1) The term ‘scientifically based research’—
445
‘‘(A) means the application of rigorous, sys-
tematic, and objective procedures to obtain valid
knowledge relevant to the education of gifted and
talented children; and
‘‘(B) shall include research that—
‘‘(i) employs systematic, empirical
methods that draw on observation or experi-
ment;
‘‘(ii) involves rigorous data analyses
that are adequate to test the stated
hypotheses and justify the general conclu-
sions drawn;
‘‘(iii) relies on measurements or obser-
vational methods that provide valid data
across evaluators and observers and across
multiple measurements and observations;
and
‘‘(iv) has been accepted by a peer-re-
viewed journal or approved by a panel of
independent experts through a comparably
rigorous, objective, and scientific review.
‘‘(2) STATE.—The term ‘State’ means each of the
50 States, the District of Columbia, and the Common-
wealth of Puerto Rico.
446
‘‘SEC. 10244. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) SUBPART 1 OR 2.—Subject to section 10203, there
are authorized to be appropriated $10,000,000 to carry out
subpart 1 or 2 for fiscal year 2000 and such sums as may
be necessary for each of fiscal years 2001 through 2004.
‘‘(c) SUBPART 3.—There are authorized to be appro-
priated to carry out subpart 3 $1,950,000 for each of fiscal
years 2000 through 2004.’’.
TITLE VI—RURAL EDUCATION
ASSISTANCE
SEC. 601. RURAL EDUCATION.
Part J of title X of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 8271 et seq.) is amended
to read as follows:
‘‘PART J—RURAL EDUCATION INITIATIVE
‘‘SEC. 10951. SHORT TITLE.
‘‘This part may be cited as the ‘Rural Education Ini-
tiative Act of 1999’.
‘‘SEC. 10952. FINDINGS.
‘‘Congress finds the following:
‘‘(1) The National Center for Educational Statis-
tics reports that 46 percent of our Nation’s public
schools serve rural areas.
‘‘(2) While there are rural education initiatives
identified at the State and local level, no Federal edu-
447
cation policy focuses on the specific and unique needs
of rural school districts and schools.
‘‘(3) Small school districts often cannot use Fed-
eral grant funds distributed by formula because the
formula allocation does not provide enough revenue to
carry out the program the grant is intended to fund.
‘‘(4) Rural schools often cannot compete for Fed-
eral funding distributed by competitive grants because
the schools lack the personnel needed to prepare grant
applications and the resources to hire specialists in
the writing of Federal grant proposals.
‘‘(5) A critical problem for rural school districts
involves the hiring and retention of qualified admin-
istrators and certified teachers (especially in reading,
science, and mathematics). As a result, teachers in
rural schools are almost twice as likely to provide in-
struction in 3 or more subject areas than teachers in
urban schools. Rural schools also face other tough
challenges, such as shrinking local tax bases, high
transportation costs, aging buildings, limited course
offerings, and limited resources.
‘‘Subpart 1—Small and Rural School Program
‘‘SEC. 10961. FORMULA GRANT PROGRAM AUTHORIZED.
‘‘(a) ALTERNATIVE USES.—
448
‘‘(1) IN GENERAL.—Notwithstanding any other
provision of law, an eligible local educational agency
may use the applicable funding, that the agency is el-
igible to receive from the State educational agency for
a fiscal year, to support local or statewide education
reform efforts intended to improve the academic
achievement of elementary school and secondary
school students and the quality of instruction pro-
vided for the students.
‘‘(2) NOTIFICATION.—An eligible local edu-
cational agency shall notify the State educational
agency of the local educational agency’s intention to
use the applicable funding in accordance with para-
graph (1) not later than a date that is established by
the State educational agency for the notification.
‘‘(b) ELIGIBILITY.—
‘‘(1) IN GENERAL.—A local educational agency
shall be eligible to use the applicable funding in ac-
cordance with subsection (a) if—
‘‘(A)(i) the total number of students in aver-
age daily attendance at all of the schools served
by the local educational agency is less than 600;
and
‘‘(ii) all of the schools served by the local
educational agency are located in a community
449
with a Rural-Urban Continuum Code of 6, 7, 8,
or 9, as determined by the Secretary of Agri-
culture; or
‘‘(B) the agency meets the criteria established in
subparagraph (A)(i) and the Secretary, in accordance
with paragraph (2), grants the local educational
agency’s request to waive the criteria described in
subparagraph (A)(ii).
‘‘(2) CERTIFICATION.—The Secretary shall deter-
mine whether or not to waive the criteria described in
paragraph (1)(A)(ii) based on certification provided
by the local educational agency, or the State edu-
cational agency on behalf of the local educational
agency, that the local educational agency is located in
an area defined as rural by a governmental agency
of the State.
‘‘(c) APPLICABLE FUNDING.—In this section, the term
‘applicable funding’ means funds provided under each of
titles II, IV, VI, parts A and C of title VII, and part I
of title X.
‘‘(d) DISBURSAL.—Each State educational agency that
receives applicable funding for a fiscal year shall disburse
the applicable funding to local educational agencies for al-
ternative uses under this section for the fiscal year at the
same time that the State educational agency disburses the
450
applicable funding to local educational agencies that do not
intend to use the applicable funding for such alternative
uses for the fiscal year.
‘‘(e) SUPPLEMENT
NOT
SUPPLANT.—Funds used
under this section shall be used to supplement and not sup-
plant any other Federal, State, or local education funds
that would otherwise be available for the purpose of this
subpart.
‘‘(f) SPECIAL RULE.—References in Federal law to
funds for the provisions of law set forth in subsection (c)
may be considered to be references to funds for this section.
‘‘SEC. 10962. PROGRAM AUTHORIZED.
‘‘(a) IN GENERAL.—The Secretary is authorized to
award grants to eligible local educational agencies to enable
the local educational agencies to support local or statewide
education reform efforts intended to improve the academic
achievement of elementary school and secondary school stu-
dents and the quality of instruction provided for the stu-
dents.
‘‘(b) ELIGIBILITY.—
‘‘(1) IN GENERAL.—A local educational agency
shall be eligible to receive a grant under this section
if—
‘‘(A)(i) the total number of students in aver-
age daily attendance at all of the schools served
451
by the local educational agency is less than 600;
and
‘‘(ii) all of the schools served by the local
educational agency are located in a community
with a Rural-Urban Continuum Code of 6, 7, 8,
or 9, as determined by the Secretary of Agri-
culture; or
‘‘(B) the agency meets the criteria established in
subparagraph (A)(i) and the Secretary, in accordance
with paragraph (2), grants the local educational
agency’s request to waive the criteria described in
subparagraph (A)(ii).
‘‘(2) CERTIFICATION.—The Secretary shall deter-
mine whether or not to waive the criteria described in
paragraph (1)(A)(ii) based on certification provided
by the local educational agency, or the State edu-
cational agency on behalf of the local educational
agency, that the local educational agency is located in
an area defined as rural by a governmental agency
of the State.
‘‘(c) ALLOCATION.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (3), the Secretary shall award a grant to an
eligible local educational agency for a fiscal year in
an amount equal to the initial amount determined
452
under paragraph (2) for the fiscal year minus the
total amount received under the provisions of law de-
scribed under section 10961(c) for the preceding fiscal
year.
‘‘(2) 
DETERMINATION
OF
THE
INITIAL
AMOUNT.—The initial amount referred to in para-
graph (1) is equal to $100 multiplied by the total
number of students, over 50 students, in average daily
attendance in such eligible agency plus $20,000, ex-
cept that the initial amount may not exceed $60,000.
‘‘(3) RATABLE ADJUSTMENT.—
‘‘(A) IN
GENERAL.—If the amount made
available for this subpart for any fiscal year is
not sufficient to pay in full the amounts that
local educational agencies are eligible to receive
under paragraph (1) for such year, the Secretary
shall ratably reduce such amounts for such year.
‘‘(B) ADDITIONAL AMOUNTS.—If additional
funds become available for making payments
under paragraph (1) for such fiscal year, pay-
ments that were reduced under subparagraph (A)
shall be increased on the same basis as such pay-
ments were reduced.
‘‘(5) CENSUS DETERMINATION.—
453
‘‘(A) IN GENERAL.—Each local educational
agency desiring a grant under this section shall
conduct a census not later than December 1 of
each year to determine the number of kinder-
garten through grade 12 students in average
daily attendance at the schools served by the
local educational agency.
‘‘(B) SUBMISSION.—Each local educational
agency shall submit the number described in sub-
paragraph (A) to the Secretary not later than
March 1 of each year.
‘‘(d) DISBURSAL.—The Secretary shall disburse the
funds awarded to a local educational agency under this sec-
tion for a fiscal year not later than July 1 of that year.
‘‘(e) SPECIAL RULE.—A local educational agency that
is eligible to receive a grant under this subpart for a fiscal
year shall be ineligible to receive funds for such fiscal year
under subpart 2.
‘‘(f) SUPPLEMENT
NOT
SUPPLANT.—Funds made
available under this section shall be used to supplement and
not supplant any other Federal, State or local education
funds.
‘‘SEC. 10963. ACCOUNTABILITY.
‘‘(a) ACADEMIC ACHIEVEMENT.—
454
‘‘(1) IN GENERAL.—Each local educational agen-
cy that uses or receives funds under section 10961 or
10962 for a fiscal year shall administer an assess-
ment consistent with section 1111 of title I.
‘‘(2) SPECIAL
RULE.—Each local educational
agency that uses or receives funds under section 10961
or 10962 shall use the same assessment described in
paragraph (1) for each year of participation in the
program under such section.
‘‘(b) STATE EDUCATIONAL AGENCY DETERMINATION
REGARDING
CONTINUING
PARTICIPATION.—Each State
educational agency that receives funding under the provi-
sions of law described in section 10961(c) shall—
‘‘(1) after the 2d year that a local educational
agency participates in a program under section
10961 or 10962 and on the basis of the results of the
assessments described in subsection (a), determine
whether the students served by the local educational
agency participating in the program performed in ac-
cordance with section 1111 of title I; and
‘‘(2) only permit those local educational agencies
that so participated and met the requirements of sec-
tion 1111(b)(2) of title I to continue to so participate.
455
‘‘Subpart 2—Low-Income And Rural School Program
‘‘SEC. 10971. PROGRAM AUTHORIZED.
‘‘(a) RESERVATIONS.—From amounts appropriated
under section 10982 for this subpart for a fiscal year, the
Secretary shall reserve 1⁄2 of 1 percent to make awards to
elementary or secondary schools operated or supported by
the Bureau of Indian Affairs to carry out the purpose of
this subpart.
‘‘(b) GRANTS TO STATES.—
‘‘(1) IN GENERAL.—From amounts appropriated
under section 10982 for this subpart that are not re-
served under subsection (a), the Secretary shall award
grants for a fiscal year to State educational agencies
that have applications approved under section 10973
to enable the State educational agencies to award sub-
grants to eligible local educational agencies for local
authorized activities described in subsection (c)(2).
‘‘(2) ALLOCATION.—From amounts appropriated
for this subpart, the Secretary shall allocate to each
State educational agency for a fiscal year an amount
that bears the same ratio to the amount of funds ap-
propriated under section 10982 for this subpart that
are not reserved under subsection (a) as the number
of students in average daily attendance served by eli-
gible local educational agencies in the State bears to
456
the number of all such students served by eligible local
educational agencies in all States for that fiscal year.
‘‘(3) DIRECT AWARDS TO SPECIALLY QUALIFIED
AGENCIES.—
‘‘(A) NONPARTICIPATING STATE.—If a State
educational agency elects not to participate in
the program under this subpart or does not have
an application approved under section 10973 a
specially qualified agency in such State desiring
a grant under this subpart shall apply directly
to the Secretary to receive an award under this
subpart.
‘‘(B) DIRECT AWARDS TO SPECIALLY QUALI-
FIED AGENCIES.—The Secretary may award, on
a competitive basis, the amount the State edu-
cational agency is eligible to receive under para-
graph (2) directly to specially qualified agencies
in the State.
‘‘(c) LOCAL AWARDS.—
‘‘(1) ELIGIBILITY.—A local educational agency
shall be eligible to receive funds under this subpart
if—
‘‘(A) 20 percent or more of the children aged
5 to 17, inclusive, served by the local educational
457
agency are from families with incomes below the
poverty line; and
‘‘(B) all of the schools served by the agency
are located in a community with a Rural-Urban
Continuum Code of 6, 7, 8, or 9, as determined
by the Secretary of Agriculture.
‘‘(2) USES OF FUNDS.—Grant funds awarded to
local educational agencies or made available to
schools under this subpart shall be used for—
‘‘(1) educational technology, including software
and hardware;
‘‘(2) professional development;
‘‘(3) technical assistance;
‘‘(4) teacher recruitment and retention;
‘‘(5) parental involvement activities; or
‘‘(6) academic enrichment programs.
‘‘SEC. 10972. STATE DISTRIBUTION OF FUNDS.
‘‘(a) AWARD BASIS.—A State educational agency shall
award grants to eligible local educational agencies—
‘‘(1) on a competitive basis; or
‘‘(2) according to a formula based on the number
of students in average daily attendance served by the
eligible local educational agencies or schools (as ap-
propriate) in the State, as determined by the State.
458
‘‘(b) ADMINISTRATIVE COSTS.—A State educational
agency receiving a grant under this subpart may not use
more than 5 percent of the amount of the grant for State
administrative costs.
‘‘SEC. 10973. APPLICATIONS.
‘‘Each State educational agency and specially quali-
fied agency desiring to receive a grant under this subpart
shall submit an application to the Secretary at such time,
in such manner, and accompanied by such information as
the Secretary may require. Such application shall include
specific measurable goals and objectives to be achieved
which may include specific educational goals and objectives
relating to increased student academic achievement, de-
creased student drop-out rates, or such other factors that
the State educational agency or specially qualified agency
may choose to measure.
‘‘SEC. 10974. REPORTS.
‘‘(a) STATE REPORTS.—Each State educational agen-
cy that receives a grant under this subpart shall provide
an annual report to the Secretary. The report shall
describe—
‘‘(1) the method the State educational agency
used to award grants to eligible local educational
agencies and to provide assistance to schools under
this subpart;
459
‘‘(2) how local educational agencies and schools
used funds provided under this subpart; and
‘‘(3) the degree to which progress has been made
toward meeting the goals and objectives described in
the application submitted under section 10973.
‘‘(b) SPECIALLY QUALIFIED AGENCY REPORT.—Each
specially qualified agency that receives a grant under this
subpart shall provide an annual report to the Secretary.
Such report shall describe—
‘‘(1) how such agency uses funds provided under
this subpart; and
‘‘(2) the degree to which progress has been made
toward meeting the goals and objectives described in
the 
application 
submitted 
under 
section
10971(b)(4)(A).
‘‘(c) REPORT TO CONGRESS.—The Secretary shall pre-
pare and submit to the Committee on Education and the
Workforce for the House of Representatives and the Com-
mittee on Health, Education, Labor, and Pensions for the
Senate an annual report. The report shall describe—
‘‘(1) the methods the State educational agency
used to award grants to eligible local educational
agencies and to provide assistance to schools under
this subpart;
460
‘‘(2) how eligible local educational agencies and
schools used funds provided under this subpart; and
‘‘(3) progress made in meeting specific measur-
able educational goals and objectives.
‘‘SEC. 10975. DEFINITIONS.
‘‘For the purposes of this subpart—
‘‘(1) The term ‘poverty line’ means the poverty
line (as defined by the Office of Management and
Budget, and revised annually in accordance with sec-
tion 673(2) of the Community Services Block Grant
Act (42 U.S.C. 9902(2))) applicable to a family of the
size involved.
‘‘(2) The term ‘specially qualified agency’ means
an eligible local educational agency, located in a
State that does not participate in a program under
this subpart in a fiscal year, that may apply directly
to the Secretary for a grant in such year in accord-
ance with section 10971(b)(4).
‘‘Subpart 3—General Provisions
‘‘SEC. 10981. DEFINITION.
‘‘For the purposes of this part, the term ‘State’ means
each of the 50 States, the District of Columbia, and the
Commonwealth of Puerto Rico.
461
‘‘SEC. 10982. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
this part $125,000,000 for fiscal year 2000 and such sums
as may be necessary for each of 4 succeeding fiscal years
to be distributed equally between subparts 1 and 2.’’.
TITLE 
VII—MCKINNEY 
HOME-
LESS EDUCATION IMPROVE-
MENTS ACT OF 1999
SEC. 701. SHORT TITLE.
This title may be cited as the ‘‘Stewart B. McKinney
Homeless Education Assistance Improvements Act of 1999’’.
SEC. 702. FINDINGS.
Congress makes the following findings:
(1) An estimated 1,000,000 children in the
United States will experience homelessness this year.
(2) Homelessness has a devastating impact on
the educational opportunities of children and youth;
homeless children go hungry at more than twice the
rate of other children; have 4 times the rate of delayed
development; and are twice as likely to repeat a
grade.
(3) Despite steady progress in school enrollment
and attendance resulting from the passage in 1987 of
the Stewart B. McKinney Homeless Assistance Act,
homeless students still face numerous barriers to edu-
cation, including residency, guardianship and reg-
462
istration requirements, as well as delays in the trans-
fer of school records, and inadequate transportation
service.
(4) School is one of the few secure factors in the
lives of homeless children and youth, providing sta-
bility, structure, and accomplishment during a time
of great upheaval.
(5) Homeless children and youth need to remain
in school so that they acquire the skills necessary to
escape poverty and lead productive, healthy lives as
adults.
(6) In the 12 years since the passage of the
McKinney Act, educators and service providers have
learned much about policies and practices which help
remove the barriers described.
SEC. 703. PURPOSE.
The purpose of this title is to strengthen subtitle B of
title VII of the Stewart B. McKinney Homeless Assistance
Act (42 U.S.C. 11431 et seq.) by amending it—
(1) to include innovative practices, proven to be
effective in helping homeless children and youth en-
roll, attend, and succeed in school; and
(2) to help ensure that such individuals receive
a quality education and secure their chance for a
brighter future.
463
SEC. 704. EDUCATION FOR HOMELESS CHILDREN AND
YOUTH.
Subtitle B of title VII of the Stewart B. McKinney
Homeless Education Assistance Act (42 U.S.C. 11431 et
seq.) is amended to read as follows:
‘‘Subtitle B—Education for
Homeless Children and Youth
‘‘SEC. 721. STATEMENT OF POLICY.
‘‘It is the policy of Congress that—
‘‘(1) each State educational agency ensure that
each child of a homeless individual and each homeless
youth has equal access to the same free, public edu-
cation, including a public preschool education, as
provided to other children and youth;
‘‘(2) in any State that has a compulsory resi-
dency requirement as a component of the State’s com-
pulsory school attendance laws or other laws, regula-
tions, practices, or policies that may act as a barrier
to the enrollment, attendance, or success in school of
homeless children and youth, the State review and
undertake steps to revise such laws, regulations, prac-
tices, or policies to ensure that homeless children and
youth are afforded the same free, public education as
provided to other children and youth;
464
‘‘(3) homelessness alone is not sufficient reason to
separate students from the mainstream school envi-
ronment; and
‘‘(4) homeless children and youth should have ac-
cess to the education and other services that such chil-
dren and youth need to ensure that such children and
youth have an opportunity to meet the same chal-
lenging State student performance standards to which
all students are held.
‘‘SEC. 722. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR
THE EDUCATION OF HOMELESS CHILDREN
AND YOUTH.
‘‘(a) GENERAL AUTHORITY.—The Secretary is author-
ized to make grants to States in accordance with the provi-
sions of this section to enable such States to carry out the
activities described in subsections (d), (e), (f), and (g).
‘‘(b) APPLICATION.—No State may receive a grant
under this section unless the State educational agency sub-
mits an application to the Secretary at such time, in such
manner, and containing or accompanied by such informa-
tion as the Secretary may reasonably require.
‘‘(c) ALLOCATION AND RESERVATIONS.—
‘‘(1) IN
GENERAL.—Subject to paragraph (2)
and section 724(c), from the amounts appropriated
for each fiscal year under section 726, the Secretary
465
is authorized to allot to each State an amount that
bears the same ratio to the amount appropriated for
such year under section 726 as the amount allocated
under section 1122 of the Elementary and Secondary
Education Act of 1965 to the State for that year bears
to the total amount allocated under section 1122 to
all States for that year, except that no State shall re-
ceive less than $100,000.
‘‘(2) RESERVATION.—(A) The Secretary is au-
thorized to reserve 0.1 percent of the amount appro-
priated for each fiscal year under section 726 to be
allocated by the Secretary among the United States
Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands, ac-
cording to their respective need for assistance under
this subtitle, as determined by the Secretary.
‘‘(B)(i) The Secretary shall transfer one percent
of the amount appropriated for each fiscal year under
section 726 to the Department of the Interior for pro-
grams for Indian students served by schools funded by
the Secretary of the Interior, as determined under the
Indian Self-Determination and Education Assistance
Act, that are consistent with the purposes of this Act.
‘‘(ii) The Secretary and the Secretary of the In-
terior shall enter into an agreement, consistent with
466
the requirements of this part, for the distribution and
use of the funds described in clause (i) under terms
that the Secretary determines best meet the purposes
of the programs described in such clause. Such agree-
ment shall set forth the plans of the Secretary of the
Interior for the use of the amounts transferred, in-
cluding appropriate goals, objectives, and milestones.
‘‘(3) DEFINITION.—As used in this subsection,
the term ‘‘State’’ shall not include the United States
Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
‘‘(d) ACTIVITIES.—Grants under this section shall be
used—
‘‘(1) to carry out the policies set forth in section
721 in the State;
‘‘(2) to provide activities for, and services to,
homeless children, including preschool-aged homeless
children, and youth that enable such children and
youth to enroll in, attend, and succeed in school, or,
if appropriate, in preschool programs;
‘‘(3) to establish or designate an Office of Coordi-
nator of Education of Homeless Children and Youth
in the State educational agency in accordance with
subsection (f);
467
‘‘(4) to prepare and carry out the State plan de-
scribed in subsection (g); and
‘‘(5) to develop and implement professional de-
velopment programs for school personnel to heighten
their awareness of, and capacity to respond to, spe-
cific problems in the education of homeless children
and youth.
‘‘(e) STATE AND LOCAL GRANTS.—
‘‘(1) IN GENERAL.—(A) Subject to subparagraph
(B), if the amount allotted to the State educational
agency for any fiscal year under this subtitle exceeds
the amount such agency received for fiscal year 1990
under this subtitle, as the subtitle was then in effect,
such agency shall provide grants to local educational
agencies for purposes of section 723.
‘‘(B) The State educational agency may reserve
not more than the greater of 5 percent of the amount
such agency receives under this subtitle for any fiscal
year, or the amount such agency received under this
subtitle, as the subtitle was then in effect, for fiscal
year 1990, to conduct activities under subsection (f)
directly or through grants or contracts.
‘‘(2) SPECIAL RULE.—If the amount allotted to
a State educational agency for any fiscal year under
this subtitle is less than the amount such agency re-
468
ceived for fiscal year 1990 under this subtitle, such
agency, at such agency’s discretion, may provide
grants to local educational agencies in accordance
with section 723 or may conduct activities under sub-
section (f) directly or through grants or contracts.
‘‘(3) PROHIBITION ON SEGREGATING HOMELESS
STUDENTS.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B) and section 723(a)(2)(B)(ii),
in providing a free, public education to a home-
less child or youth, no State receiving funds
under this subtitle shall segregate such child or
youth, either in a separate school, or in a sepa-
rate program within a school, based solely on
such child or youth’s status as homeless.
‘‘(B) EXCEPTION.—A State that has estab-
lished a separate school for homeless children in
the fiscal year preceding the date of the enact-
ment of the Stewart B. McKinney Homeless
Education Assistance Improvement Act of 1999
shall remain eligible to receive funds under this
subtitle for such program.
‘‘(f) FUNCTIONS OF THE OFFICE OF COORDINATOR.—
The Coordinator of Education of Homeless Children and
Youth established in each State shall—
469
‘‘(1) gather, to the extent possible, reliable, valid,
and comprehensive information on the nature and ex-
tent of the problems homeless children and youth have
in gaining access to public preschool programs and to
public elementary and secondary schools, the difficul-
ties in identifying the special needs of such children
and youth, any progress made by the State edu-
cational agency and local educational agencies in the
State in addressing such problems and difficulties,
and the success of the program under this subtitle in
allowing homeless children and youth to enroll in, at-
tend, and succeed in, school;
‘‘(2) develop and carry out the State plan de-
scribed in subsection (g);
‘‘(3) collect and transmit to the Secretary, infor-
mation gathered pursuant to paragraphs (1) and (2),
at such time and in such manner as the Secretary
may require;
‘‘(4) facilitate coordination between the State
educational agency, the State social services agency,
and other agencies providing services to homeless chil-
dren and youth, including homeless children and
youth who are preschool age, and families of such
children and youth; and
470
‘‘(5) in order to improve the provision of com-
prehensive education and related services to homeless
children and youth and their families, coordinate and
collaborate with—
‘‘(A) educators, including child development
and preschool program personnel;
‘‘(B) providers of services to homeless and
runaway children and youth and homeless fami-
lies (including domestic violence agencies, shelter
operators, transitional housing facilities, run-
away and homeless youth centers, and transi-
tional living programs for homeless youth);
‘‘(C) local educational agency liaisons for
homeless children and youth; and
‘‘(D) community organizations and groups
representing homeless children and youth and
their families.
‘‘(g) STATE PLAN.—
‘‘(1) IN GENERAL.—Each State shall submit to
the Secretary a plan to provide for the education of
homeless children and youth within the State, which
plan shall describe how such children and youth are
or will be given the opportunity to meet the same
challenging State student performance standards all
students are expected to meet, shall describe the proce-
472
‘‘(E) address problems set forth in the re-
port provided to the Secretary under subsection
(f)(3);
‘‘(F) address other problems with respect to
the education of homeless children and youth, in-
cluding problems caused by—
‘‘(i) transportation issues; and
‘‘(ii) enrollment delays that are caused
by—
‘‘(I) immunization requirements;
‘‘(II) residency requirements;
‘‘(III) lack of birth certificates,
school records, or other documentation;
or
‘‘(IV) guardianship issues;
‘‘(G) demonstrate that the State educational
agency and local educational agencies in the
State have developed, and shall review and re-
vise, policies to remove barriers to the enrollment
and retention of homeless children and youth in
schools in the State; and
‘‘(H) contain assurances that—
‘‘(i) except as provided in subsection
(e)(3)(B), State and local educational agen-
cies will adopt policies and practices to en-
473
sure that homeless children and youth are
not segregated solely on the basis of their
status as homeless; and
‘‘(ii) designate an appropriate staff
person, who may also be a coordinator for
other Federal programs, as a liaison for
homeless children and youth.
‘‘(2) COMPLIANCE.—Each plan adopted under
this subsection shall also demonstrate how the State
will ensure that local educational agencies in the
State will comply with the requirements of para-
graphs (3) through (9).
‘‘(3) LOCAL
EDUCATIONAL
AGENCY
REQUIRE-
MENTS.—
‘‘(A) IN GENERAL.—Each local educational
agency serving a homeless child or youth assisted
under this subtitle shall, according to the child’s
or youth’s best interest, either—
‘‘(i) continue the child’s or youth’s edu-
cation in the school of origin—
‘‘(I) for the duration of their
homelessness;
‘‘(II) if the child becomes perma-
nently housed, for the remainder of the
academic year; or
474
‘‘(III) in any case in which a
family becomes homeless between aca-
demic years, for the following academic
year; or
‘‘(ii) enroll the child or youth in any
public school that nonhomeless students who
live in the attendance area in which the
child or youth is actually living are eligible
to attend.
‘‘(B) BEST INTEREST.—In determining the
best interest of the child or youth under subpara-
graph (A), the local educational agency shall
keep, to the extent feasible, a homeless child or
youth in the school of origin, except when doing
so is contrary to the wishes of the child’s or
youth’s parent or guardian.
‘‘(C) ENROLLMENT.—(i) Except as provided
in clause (iii), a school that a homeless child
seeks to enroll in shall, in accordance with this
paragraph, immediately enroll the homeless child
or youth even if the child or youth is unable to
produce records normally required for enroll-
ment, such as previous academic records, proof of
residency, or other documentation.
475
‘‘(ii) The enrolling school shall immediately
contact the school last attended by the child or
youth to obtain relevant academic and other
records.
‘‘(iii) A school described in clause (i) is not
required to accept a homeless child until the
school receives the immunization records for such
child. If the child or youth needs to obtain im-
munizations, the enrolling school shall promptly
refer parent or guardian of the child or youth to
the appropriate authorities. If a child is denied
enrollment because of the lack of immunization
records, the school denying such enrollment shall
refer the parents of the homeless child or youth
to the liaison in accordance with subparagraph
(E).
‘‘(D) RECORDS.—Any record ordinarily
kept by the school, including immunization
records, academic records, birth certificates,
guardianship records, and evaluations for special
services or programs, of each homeless child or
youth shall be maintained—
‘‘(i) so that the records are available,
in a timely fashion, when a child or youth
enters a new school district; and
476
‘‘(ii) in a manner consistent with sec-
tion 444 of the General Education Provi-
sions Act.
‘‘(E) ENROLLMENT DISPUTES.—If there is a
dispute over school selection or enrollment—
‘‘(i) except as provided in subpara-
graph (C)(iii), the child or youth shall be
immediately admitted to the school in which
enrollment is sought, pending resolution of
the dispute;
‘‘(ii) the parent or guardian shall be
provided with a written explanation of the
school’s decision regarding enrollment, in-
cluding the right to appeal the decision; and
‘‘(iii) the parent or guardian shall be
referred to the liaison, who shall carry out
the dispute resolution process as described
in paragraph (6)(D) as expeditiously as
possible, after receiving notice of the dis-
pute.
‘‘(F) PLACEMENT CHOICE.—The choice re-
garding placement shall be made regardless of
whether the child or youth lives with the home-
less parents or has been temporarily placed else-
where by the parents.
477
‘‘(G) DEFINITION.—For purposes of this
paragraph, the term ‘‘school of origin’’ means the
school that the child or youth attended when per-
manently housed, or the school in which the child
or youth was last enrolled.
‘‘(H) CONTACT INFORMATION.—Nothing in
this subtitle shall prohibit a local educational
agency from requiring a parent or guardian of
a homeless child to submit contact information
required by the local educational agency of a
parent or guardian of a nonhomeless child.
‘‘(4) COMPARABLE
SERVICES.—Each homeless
child or youth to be assisted under this subtitle shall
be provided services comparable to services offered to
other students in the school selected according to the
provisions of paragraph (3), including—
‘‘(A) transportation services;
‘‘(B) educational services for which the child
or youth meets the eligibility criteria, such as
services provided under title I of the Elementary
and Secondary Education Act of 1965 (20
U.S.C. 6301 et seq.) or similar State or local
programs, educational programs for children
with disabilities, and educational programs for
students with limited-English proficiency;
479
educational disruption for children and youth
who become homeless.
‘‘(C) COORDINATION PURPOSE.—The coordi-
nation required under subparagraphs (A) and
(B) shall be designed to—
‘‘(i) ensure that homeless children and
youth have access to available education
and related support services; and
‘‘(ii) raise the awareness of school per-
sonnel and service providers of the effects of
short-term stays in a shelter and other chal-
lenges associated with homeless children and
youth.
‘‘(6) LIAISON.—
‘‘(A) DUTIES.—Each local liaison for home-
less children and youth, designated pursuant to
subsection (g)(1)(H)(ii), shall ensure that—
‘‘(i) homeless children and youth enroll
in, and have an equal opportunity to suc-
ceed in, schools of that agency;
‘‘(ii) homeless families, children, and
youth receive educational services for which
such families, children, and youth are eligi-
ble, including Head Start and Even Start
programs and preschool programs adminis-
480
tered by the local educational agency, and
referrals to health care services, dental serv-
ices, mental health services, and other ap-
propriate services;
‘‘(iii) the parents or guardians of
homeless children and youth are informed of
the education and related opportunities
available to their children and are provided
with meaningful opportunities to partici-
pate in the education of their children; and
‘‘(iv) public notice of the educational
rights of homeless children and youth is dis-
seminated where such children and youth
receive services under this Act (such as fam-
ily shelters and soup kitchens).
‘‘(B) NOTICE.—State coordinators and local
educational agencies shall inform school per-
sonnel, service providers, and advocates working
with homeless families of the duties of the liai-
sons.
‘‘(C) LOCAL AND STATE COORDINATION.—
Local educational agency liaisons for homeless
children and youth shall, as a part of their du-
ties, coordinate and collaborate with State coor-
dinators and community and school personnel
481
responsible for the provision of education and re-
lated services to homeless children and youth.
‘‘(D) DISPUTE
RESOLUTION.—Unless an-
other individual is designated by State law, the
local educational agency liaisons for homeless
children and youth shall provide resource infor-
mation and assist in resolving disputes under
this subtitle, should they arise.
‘‘(7) REVIEW AND REVISIONS.—
‘‘(A) IN GENERAL.—Each State educational
agency and local educational agency that re-
ceives assistance under this subtitle, shall review
and revise any policies that may act as barriers
to the enrollment of homeless children and youth
in schools selected in accordance with paragraph
(3).
‘‘(B) CONSIDERATION.—In reviewing and
revising such policies, consideration shall be
given to issues concerning transportation, immu-
nization, residency, birth certificates, school
records, and other documentation, and guardian-
ship.
‘‘(C) SPECIAL ATTENTION.—Special atten-
tion shall be given to ensuring the enrollment
482
and attendance of homeless children and youth
who are not currently attending school.
‘‘SEC. 723. LOCAL EDUCATIONAL AGENCY GRANTS FOR THE
EDUCATION OF HOMELESS CHILDREN AND
YOUTH.
‘‘(a) GENERAL AUTHORITY.—
‘‘(1) IN GENERAL.—The State educational agen-
cy shall, in accordance with section 722(e) and from
amounts made available to such agency under section
726, make grants to local educational agencies for the
purpose of facilitating the enrollment, attendance,
and success in school of homeless children and youth.
‘‘(2) SERVICES.—
‘‘(A) IN
GENERAL.—Services under para-
graph (1)—
‘‘(i) may be provided through pro-
grams on school grounds or at other facili-
ties;
‘‘(ii) shall, to the maximum extent
practicable, be provided through existing
programs and mechanisms that integrate
homeless children and youth with nonhome-
less children and youth; and
‘‘(iii) shall be designed to expand or
improve services provided as part of a
483
school’s regular academic program, but not
replace that program.
‘‘(B) SERVICES ON SCHOOL GROUNDS.—If
services under paragraph (1) are provided on
school grounds, schools—
‘‘(i) may use funds under this subtitle
to provide the same services to other chil-
dren and youth who are determined by the
local educational agency to be at risk of
failing in, or dropping out of, schools, sub-
ject to the requirements of clause (ii).
‘‘(ii) except as otherwise provided in
section 722(e)(3)(B), shall not provide serv-
ices in settings within a school that seg-
regates homeless children and youth from
other children and youth except as is nec-
essary for short periods of time—
‘‘(I) for health and safety emer-
gencies; or
‘‘(II) to provide temporary, spe-
cial, supplementary services to meet
the unique needs of homeless children
and youth.
‘‘(3) REQUIREMENT.—Services provided under
this section shall not replace the regular academic
484
program and shall be designed to expand upon or im-
prove services provided as part of the school’s regular
academic program.
‘‘(b) APPLICATION.—A local educational agency that
desires to receive a grant under this section shall submit
an application to the State educational agency at such
time, in such manner, and containing or accompanied by
such information as the State educational agency may rea-
sonably require. Each such application shall include—
‘‘(1) an assessment of the educational and related
needs of homeless children and youth in such agency
(which may be undertaken as a part of needs assess-
ments for other disadvantaged groups);
‘‘(2) a description of the services and programs
for which assistance is sought and the problems to be
addressed through the provision of such services and
programs;
‘‘(3) an assurance that the local educational
agency’s combined fiscal effort per student or the ag-
gregate expenditures of that agency and the State
with respect to the provision of free public education
by such agency for the fiscal year preceding the fiscal
year for which the determination is made was not less
than 90 percent of such combined fiscal effort or ag-
gregate expenditures for the second fiscal year pre-
485
ceding the fiscal year for which the determination is
made;
‘‘(4) an assurance that the applicant complies
with, or will use requested funds to comply with,
paragraphs (3) through (7) of section 722(g); and
‘‘(5) a description of policies and procedures,
consistent with section 722(e)(3)(B), that the agency
will implement to ensure that activities carried out
by the agency will not isolate or stigmatize homeless
children and youth.
‘‘(c) AWARDS.—
‘‘(1) IN GENERAL.—The State educational agen-
cy shall, in accordance with the requirements of this
subtitle and from amounts made available to it under
section 726, make competitive subgrants that result in
an equitable distribution of geographic areas within
the State to local educational agencies that submit
applications under subsection (b). Such subgrants
shall be awarded on the basis of the need of such
agencies for assistance under this subtitle and the
quality of the applications submitted.
‘‘(2) NEED.—In determining need under para-
graph (1), the State educational agency may consider
the number of homeless children and youth enrolled in
preschool, elementary, and secondary schools within
486
the area served by the agency, and shall consider the
needs of such children and youth and the ability of
the agency to meet such needs. Such agency may also
consider—
‘‘(A) the extent to which the proposed use of
funds would facilitate the enrollment, retention,
and educational success of homeless children and
youth;
‘‘(B) the extent to which the application re-
flects coordination with other local and State
agencies that serve homeless children and youth,
and meets the requirements of section 722(g)(3);
‘‘(C) the extent to which the applicant ex-
hibits in the application and in current practice
a commitment to education for all homeless chil-
dren and youth; and
‘‘(D) such other criteria as the State agency
determines appropriate.
‘‘(3) QUALITY.—In determining the quality of
applications under paragraph (1), the State edu-
cational agency shall consider—
‘‘(A) the applicant’s needs assessment under
subsection (b)(1) and the likelihood that the pro-
gram presented in the application will meet such
needs;
487
‘‘(B) the types, intensity, and coordination
of the services to be provided under the program;
‘‘(C) the involvement of parents or guard-
ians;
‘‘(D) the extent to which homeless children
and youth will be integrated within the regular
education program;
‘‘(E) the quality of the applicant’s evalua-
tion plan for the program;
‘‘(F) the extent to which services provided
under this subtitle will be coordinated with other
available services; and
‘‘(G) such other measures as the State edu-
cational agency considers indicative of a high-
quality program.
‘‘(4) DURATION
OF
GRANTS.—Grants awarded
under this section shall be for terms not to exceed
three years.
‘‘(d) AUTHORIZED ACTIVITIES.—A local educational
agency may use funds awarded under this section for activi-
ties to carry out the purpose of this subtitle, including—
‘‘(1) the provision of tutoring, supplemental in-
struction, and enriched educational services that are
linked to the achievement of the same challenging
State content standards and challenging State student
488
performance standards the State establishes for other
children and youth;
‘‘(2) the provision of expedited evaluations of the
strengths and needs of homeless children and youth,
including needs and eligibility for programs and serv-
ices (such as educational programs for gifted and tal-
ented students, children with disabilities, and stu-
dents with limited-English proficiency, services pro-
vided under title I of the Elementary and Secondary
Education Act of 1965 or similar State or local pro-
grams, programs in vocational and technical edu-
cation, and school nutrition programs);
‘‘(3) professional development and other activi-
ties for educators and pupil services personnel that
are designed to heighten the understanding and sensi-
tivity of such personnel to the needs of homeless chil-
dren and youth, the rights of such children and youth
under this Act, and the specific educational needs of
runaway and homeless youth;
‘‘(4) the provision of referral services to homeless
children and youth for medical, dental, mental, and
other health services;
‘‘(5) the provision of assistance to defray the ex-
cess cost of transportation for students pursuant to
section 722(g)(4)(A), not otherwise provided through
489
Federal, State, or local funding, where necessary to
enable students to attend the school selected under sec-
tion 722(g)(3);
‘‘(6) the provision of developmentally appro-
priate early childhood education programs, not other-
wise provided through Federal, State, or local fund-
ing, for preschool-aged children;
‘‘(7) the provision of before- and after-school,
mentoring, and summer programs for homeless chil-
dren and youth in which a teacher or other qualified
individual provides tutoring, homework assistance,
and supervision of educational activities;
‘‘(8) if necessary, the payment of fees and other
costs associated with tracking, obtaining, and trans-
ferring records necessary to enroll homeless children
and youth in school, including birth certificates, im-
munization records, academic records, guardianship
records, and evaluations for special programs or serv-
ices;
‘‘(9) the provision of education and training to
the parents of homeless children and youth about the
rights of, and resources available to, such children
and youth;
‘‘(10) the development of coordination between
schools and agencies providing services to homeless
490
children and youth, including programs funded under
the Runaway and Homeless Youth Act;
‘‘(11) the provision of pupil services (including
violence prevention counseling) and referrals for such
services;
‘‘(12) activities to address the particular needs of
homeless children and youth that may arise from do-
mestic violence;
‘‘(13) the adaptation of space and purchase of
supplies for nonschool facilities made available under
subsection (a)(2) to provide services under this sub-
section;
‘‘(14) the provision of school supplies, including
those supplies to be distributed at shelters or tem-
porary housing facilities, or other appropriate loca-
tions; and
‘‘(15) the provision of other extraordinary or
emergency assistance needed to enable homeless chil-
dren and youth to attend school.
‘‘SEC. 724. SECRETARIAL RESPONSIBILITIES.
‘‘(a) REVIEW OF PLANS.—In reviewing the State plan
submitted by a State educational agency under section
722(g), the Secretary shall use a peer review process and
shall evaluate whether State laws, policies, and practices
described in such plans adequately address the problems of
491
homeless children and youth relating to access to education
and placement as described in such plans.
‘‘(b) TECHNICAL ASSISTANCE.—The Secretary shall
provide support and technical assistance to the State edu-
cational agencies to assist such agencies to carry out their
responsibilities under this subtitle, if requested by the State
educational agency.
‘‘(c) REPORT.—The Secretary shall develop and issue
not later than 60 days after the date of enactment of the
Stewart B. McKinney Homeless Education Assistance Im-
provements Act of 1999, a report to be made available to
States, local educational agencies, and other applicable
agencies regarding the following:
‘‘(1) ENROLLMENT.—Such report shall review
successful ways in which a State may assist local
educational agencies to enroll homeless students on an
immediate basis. The report issued by the Secretary
shall—
‘‘(A) clarify that enrollment includes a
homeless child’s or youth’s right to actually at-
tend school; and
‘‘(B) clarify requirements that States are to
review immunization and medical or school
records and to make such revisions as appro-
492
priate and necessary in order to enroll homeless
students in school more quickly.
‘‘(2) TRANSPORTATION.—The report shall also
address the transportation needs of homeless students.
The report issued by the Secretary shall—
‘‘(A) explicitly state that the goal of the
transportation provisions contained in this Act
is to provide educational stability by reducing
mobility and therefore provide an effective learn-
ing environment for homeless children; and
‘‘(B) encourage States to follow programs
implemented in State law that have successfully
addressed transportation barriers for homeless
children.
‘‘(d) EVALUATION
AND DISSEMINATION.—The Sec-
retary shall conduct evaluation and dissemination activi-
ties of programs designed to meet the educational needs of
homeless elementary and secondary school students, and
may use funds appropriated under section 726 to conduct
such activities.
‘‘(e) SUBMISSION AND DISTRIBUTION.—The Secretary
shall require applications for grants under this subtitle to
be submitted to the Secretary not later than the expiration
of the 60-day period beginning on the date that funds are
available for purposes of making such grants and shall
493
make such grants not later than the expiration of the 120-
day period beginning on such date.
‘‘(f) DETERMINATION BY SECRETARY.—The Secretary,
based on the information received from the States and infor-
mation gathered by the Secretary under subsection (e), shall
determine the extent to which State educational agencies are
ensuring that each homeless child and homeless youth has
access to a free appropriate public education as described
in section 721(1).
‘‘(g) INFORMATION.—
‘‘(1) IN
GENERAL.—From funds appropriated
under section 726, the Secretary shall, either directly
or through grants, contracts, or cooperative agree-
ments, periodically collect and disseminate data and
information regarding—
‘‘(A) the number and location of homeless
children and youth;
‘‘(B) the education and related services such
children and youth receive;
‘‘(C) the extent to which such needs are
being met; and
‘‘(D) such other data and information as
the Secretary deems necessary and relevant to
carry out this subtitle.
494
‘‘(2) COORDINATION.—The Secretary shall co-
ordinate such collection and dissemination with other
agencies and entities that receive assistance and ad-
minister programs under this subtitle.
‘‘(h) REPORT.—Not later than 4 years after the date
of the enactment of the Stewart B. McKinney Homeless
Education Assistance Improvement Act of 1999, the Sec-
retary shall prepare and submit to the President and the
Committee on Education and the Workforce of the House
of Representatives and the Committee on Health, Edu-
cation, Labor, and Pensions of the Senate a report on the
status of education of homeless children and youth, which
shall include information on—
‘‘(1) the education of homeless children and
youth; and
‘‘(2) the effectiveness of the programs supported
under this subtitle.
‘‘SEC. 725. DEFINITIONS.
‘‘For the purpose of this subtitle, unless otherwise
stated—
‘‘(1) the terms ‘local educational agency’ and
‘State educational agency’ have the same meanings
given such terms under section 14101, of the Elemen-
tary and Secondary Education Act of 1965 (20
U.S.C. 8801);
495
‘‘(2) the term ‘‘Secretary’’ means the Secretary of
Education; and
‘‘(3) the term ‘‘State’’ means each of the 50
States, the District of Columbia, and the Common-
wealth of Puerto Rico.
‘‘SEC. 726. AUTHORIZATION OF APPROPRIATIONS.
‘‘For the purpose of carrying out this subtitle, there
are authorized to be appropriated $36,000,000 for fiscal
year 2000 and such sums as may be necessary for each of
the fiscal years 2001 through 2004.’’.
TITLE VIII—SCHOOLWIDE
PROGRAM ADJUSTMENT
SEC. 801. SCHOOLWIDE FUNDS.
The Act is amended by adding at the end the following:
‘‘TITLE XVI—SCHOOLWIDE
PROGRAM ADJUSTMENT
‘‘SEC. 16001. SCHOOLWIDE PROGRAM ADJUSTMENT.
‘‘Notwithstanding the provisions of section 1114, a
local educational agency may consolidate funds under part
A of title I, together with other Federal, State, and local
funds, in order to upgrade the entire educational program
of a school that serves an eligible school attendance area
in which not less than 40 percent of the children are from
low-income families, or not less than 40 percent of the chil-
dren enrolled in the school are from such families.’’.