190
‘‘(2) The Secretary, in consultation with the Attorney
General, the Secretary of Health and Human Services,
and the Director of the Federal Emergency Management
Agency—
‘‘(A) shall establish such criteria and applica-
tion requirements as may be needed to select which
local educational agencies are assisted under this
part; and
‘‘(B) may establish such reporting requirements
as may be needed to collect uniform data and other
information from all local educational agencies as-
sisted under this part.
‘‘(c) COORDINATING COMMITTEE.—(1) There shall
be established a Federal coordinating committee on school
crises comprised of the Secretary, the Attorney General,
the Secretary of Health and Human Services, the Director
of the Federal Emergency Management Agency, the Di-
rector of the Office of National Drug Control Policy, and
such other members as the Secretary shall determine. The
Secretary shall serve as chair of the committee.
‘‘(2) The committee shall coordinate the Federal re-
sponses to crises that occur in schools or directly affect
the learning environment in schools.
191
‘‘PART F—RELATED PROVISIONS, GUN-FREE
SCHOOLS ACT
‘‘SEC. 4511. GUN-FREE SCHOOLS.
‘‘(a) SHORT TITLE.—This part may be cited as the
‘Gun-Free Schools Act’.
‘‘(b) REQUIREMENTS.—
‘‘(1) Each State receiving Federal funds under
the Elementary and Secondary Education Act of
1965 shall have in effect a State law requiring local
educational agencies to expel from school, for a pe-
riod of not less than one year, a student who is de-
termined to have possessed a firearm at school
under the jurisdiction of a local educational agency
in that State, except that such State law shall allow
the chief administering officer of that local edu-
cational agency to modify the expulsion requirement
for a student on a case-by-case basis.
‘‘(2) For the purpose of this section, the term
‘firearm’ has the same meaning given that term in
section 921 of title 18, United States Code (which
includes bombs).
‘‘(c) SPECIAL RULE.—This section shall be construed
in a manner consistent with the Individuals with Disabil-
ities Education Act.
‘‘(d) REPORT
TO STATE.—Each local educational
agency requesting assistance from the State educational
192
agency under this Act shall provide to the State in its
application—
‘‘(1) an assurance that such local educational
agency is in compliance with the State law required
by subsection (b);
‘‘(2) a description of the circumstances sur-
rounding any expulsions imposed under the State
law required by subsection (b), including—
‘‘(A) the name of the school concerned;
‘‘(B) the number of students expelled from
such school (disaggregated by gender, race, eth-
nicity, and educational level); and
‘‘(C) the type of weapons concerned; and
‘‘(3) the number of—
‘‘(A) students referred to the criminal jus-
tice or juvenile justice system as required by
section 4512(a)(1); and
‘‘(B) instances in which the chief admin-
istering officer of a local educational agency
modified the expulsion requirement described in
subsection (b)(1) on a case-by-case basis.
‘‘(e) REPORTING.—Each State shall report the infor-
mation described in subsection (d) to the Secretary on an
annual basis.
193
‘‘SEC. 4512. REQUIREMENTS.
‘‘(a) REQUIRED POLICIES.—No funds shall be made
available under this Act to any local educational agency
unless that agency has a policy ensuring—
‘‘(1) that any student who possesses a firearm
at school served by such agency is referred to the
criminal justice or juvenile justice system;
‘‘(2) that a student described in paragraph (1)
is referred to a mental health professional for as-
sessment as to whether he or she poses an imminent
threat of harm to himself, herself, or others and
needs appropriate mental health services before re-
admission to school; and
‘‘(3) that a student under paragraph (1) who
has been determined by a mental health professional
to pose an imminent threat of harm to himself, her-
self, or others receive appropriate mental health
services before being permitted to return to school.
‘‘(b) SPECIAL RULE.—This section shall be construed
in a manner consistent with the Individuals with Disabil-
ities Education Act.
‘‘(c) DEFINITIONS.—For the purposes of this section,
the terms ‘firearm’ and ‘school’ have the same meaning
given those terms in section 921(a) of title 18, United
States Code.
194
‘‘SEC. 4513. POLICIES.
‘‘(a) REQUIRED POLICY.—Each State educational
agency and local educational agency that receives funds
under this title shall have a policy that prohibits cigarette
vending machines, and the illegal possession or use of
drugs and alcohol, in any form, at any time, and by any
person, in school buildings, on school grounds, or at any
school-sponsored event.
‘‘(b) ASSURANCE.—Each local educational agency re-
questing assistance under this title from the State edu-
cational agency shall include in its application an assur-
ance that it is in compliance with the requirements of this
section.
‘‘(c) STATE REPORTING.—Each State educational
agency shall report to the Secretary on an annual basis
if any local educational agency is not in compliance with
the requirements of subsection (a).
‘‘SEC. 4514. SUPPLANTING PROHIBITED.
Funds under this title shall be used to increase the
level of State, local, and other non-Federal funds that
would, in the absence of funds under this title, be made
available for programs and activities authorized under this
title, and in no case to supplant such State, local, and
other non-Federal funds.’’.
195
SEC. 6. INNOVATIVE EDUCATIONAL STRATEGIES.
(a) ALLOTMENT.—Section 6101(a) of the Act is
amended as follows:
‘‘(a) RESERVATIONS AND ALLOTMENTS.—
‘‘(1) PAYMENTS TO OUTLYING AREAS.—From
the sums appropriated to carry out this title for any
fiscal year (excluding sums appropriated under sec-
tion 6405(b)), the Secretary shall reserve not to ex-
ceed 1 percent for payments to outlying areas to be
allotted in accordance with their respective needs.
‘‘(2) ALLOTMENTS TO STATES FOR LOCAL EDU-
CATIONAL
AGENCIES
DEMONSTRATING
ADEQUATE
YEARLY PROGRESS.—From the sums appropriated
to under section 6405(b) for any fiscal year, the
Secretary shall reserve 100 percent. The Secretary
shall allot to each State an amount which bears the
same ratio to the reserved amount as the school-age
population of the State bears to the school-age popu-
lation of all States, except that no State shall receive
less than an amount equal to 1⁄2 of 1 percent of such
reserved amount.’’.
(b) ALLOCATION TO LOCAL EDUCATIONAL AGEN-
CIES.—
(1) Section 6102(a) is amended by redesig-
nating subsections (a), (a)(1), (a)(2), and (a)(3) as
196
subsections 
(a)(1), 
(a)(1)(A), 
(a)(1)(B), 
and
(a)(1)(C), respectively.
(2) Section 6102(a)(1), as redesignated, is
amended by striking ‘‘From’’ and inserting ‘‘Subject
to paragraph (2), from’’.
(3) Section 6102(a) is amended by adding at
the end the following:
‘‘(2) DISTRIBUTIONS TO LOCAL EDUCATIONAL
AGENCIES
DEMONSTRATING
ADEQUATE
YEARLY
PROGRESS.—
‘‘(A) IN GENERAL.—
‘‘(i) DISTRIBUTION RULE.—From the
sums made available to a State for a fiscal
year under section 6101(a)(2), the State
shall distribute, in accordance with para-
graph (1), not less than 96 percent to local
educational agencies within such State that
have 
demonstrated 
adequate 
yearly
progress with respect to the previous fiscal
year. Such sums shall be used locally for
innovative assistance described in section
6301(b).
‘‘(ii) DEFINITION.—For purposes of
this 
subparagraph, 
adequate 
yearly
197
progress for a local educational agency
shall be defined in a manner that—
‘‘(I) applies the same high stand-
ards of academic performance to all;
‘‘(II) takes into account the
progress of all students served under
section 1114 or 1115;
‘‘(III) compares separately, the
performance and progress of students
by gender, each major ethnic and ra-
cial group, by English proficiency sta-
tus, by migrant status, by students
with disabilities as compared to non-
disabled students, and by economically
disadvantaged students as compared
to students who are not economically
disadvantaged 
(except 
that 
such
disaggregation shall not be required in
a case in which the number of stu-
dents in a category is insufficient to
yield statistically reliable information
or the results would reveal individ-
ually identifiable information about an
individual student);
198
‘‘(IV) compares the proportions
of students at the ‘basic’, ‘proficient’,
and ‘advanced’ levels of performance
with the proportions of students at
each of the 3 levels in the same grade
in the previous school year;
‘‘(V) at the State’s discretion,
may also include other academic
measures such as promotion, comple-
tion of college preparatory courses,
and high school completion, except
that inclusion of such other measures
may not change which schools would
otherwise be subject to improvement
or corrective action under section
1116 if the discretionary indicators
were not included;
‘‘(VI) means not less than 90
percent of the schools within its juris-
diction meet the State’s criteria for
adequate yearly progress;
‘‘(VII) includes annual numerical
goals for improving the performance
of all groups specified in subclause
199
(III) and narrowing gaps in perform-
ance between these groups; and
‘‘(VIII) includes a timeline for
ensuring that each group of students
described in subclause (III) meets or
exceeds the State’s proficient level of
performance on each State assessment
used for the purposes of section 1111
and section 1116 within 10 years
from the date of the enactment of the
Safe and Successful Schools Act.
‘‘(B) LIMITATION
ON
ADMINISTRATIVE
COSTS.—Not more than 4 percent of the sums
made available to a State for a fiscal year
under section 6101(a)(2) may be used by the
State for administration and supervision of pro-
grams assisted under this title.’’.
(c) STRATEGIES.—Part A of title VI of the Act is
amended by adding at the end the following:
‘‘SEC. 6103. ANNUAL PERFORMANCE REPORTING.
‘‘(a) A local education agency that receive funds
under this title shall report annually to the State Edu-
cation Agency on—
‘‘(1) the specific purposes for which the funds
were used;
200
‘‘(2) the measurable impact such funds had on
student achievement and enabling children to
achieve challenging State academic standards; and
‘‘(3) the extent to which the local education
agency met the goals established by the State Edu-
cation Agency for annual progress on improving stu-
dent academic achievement and student perform-
ance.
‘‘(b) A local education agency receiving funds under
this Title shall annually report to the public information
on the agency’s annual progress in meeting the goals es-
tablished by the State, and the specific purposes for which
funds under this Title were used.
‘‘(c) A local education agency shall not receive funds
under this title unless in complies with the requirements
of this section.’’.
(d) STATE APPLICATIONS.—Paragraph (2) of section
6202(a) of this Act is amended to read as follows:
‘‘(2)(A) annually provides the submission of
data on the use of funds, the types of services fur-
nished, and the extent that special populations and
economically disadvantaged students were served rel-
ative to the overall student population for each local
education agency.
201
‘‘(B) provides, beginning in 2002, for a rig-
orous, independent evaluation of this title’s effective-
ness in each local education agency in the state in
improving student academic achievement and stu-
dent performance, consistent with the goals specified
in paragraph (8).’’.
(e) GOALS.—Section 6202(a) of the Act is amended
by adding at the end the following:
‘‘(8) provides an assurance that the State edu-
cational agency will establish specific measurable
goals for the annual progress of local education
agencies and schools within the State with respect to
improving student academic achievement and stu-
dent performance.’’.
(f) LOCAL ACTIVITY.—Section 6301(b) is amended
(1) by redesignating paragraphs (8) and (9) as
paragraphs (9) and (10); and
(2) after paragraph (7), by inserting the fol-
lowing:
‘‘(8) programs to encourage academic rigor in
scientific education in elementary schools through
the environmental sciences, including the use of
hands-on recycling;’’.
202
(g) DEFINITIONS AND DATA ELEMENTS.—Part D of
title VI of the Act is amended by adding at the end the
following:
‘‘SEC. 6404. DEFINITIONS AND DATA ELEMENTS.
‘‘The Secretary shall establish, in consultation with
the States, common definitions and data elements to en-
sure that data required to be provided under this title are
comparable across States and the data can be used by the
Department for compliance with the Government Perform-
ance and Results Act.’’.
(h) AUTHORIZATION.—Section 6002 of the Act is
amended to read as follows:
‘‘SEC. 6002. AUTHORIZATION.
‘‘(a) IN GENERAL.—To carry out the purposes of this
title, 
there 
are 
authorized 
to 
be 
appropriated
$400,000,000 for fiscal year 2001 and such sums as may
be necessary for the 4 succeeding fiscal years.’’.
‘‘(b) FUNDS FOR LOCAL EDUCATIONAL AGENCIES
DEMONSTRATING ADEQUATE YEARLY PROGRESS.—For
purposes of making allotments to States under section
6101(a)(2), there are authorized to be appropriated, in ad-
dition to any amounts appropriated under subsection (a),
$200,000,000 for fiscal years 2001 through 2005.
(i) CLASS SIZE REDUCTION.—At the end of title VI
of the Act, insert the following:
203
‘‘PART E—CLASS SIZE REDUCTION
‘‘SEC. 6511. GRANT PROGRAM.
‘‘(a) PURPOSE.—The purposes of this section are—
‘‘(1) to reduce class size through the use of
fully qualified teachers;
‘‘(2) to assist States and local educational agen-
cies in recruiting, hiring, and training 100,000
teachers in order to reduce class sizes nationally, in
grades 1 through 3, to an average of 18 students
per regular classroom; and
‘‘(3) to improve teaching in those grades so
that all students can learn to read independently
and well by the end of the 3rd grade.
‘‘(b) ALLOTMENT TO STATES.—
‘‘(1) RESERVATION.—From the amount made
available to carry out this subpart for a fiscal year,
the Secretary shall reserve not more than 1 percent
for the Secretary of the Interior (on behalf of the
Bureau of Indian Affairs) and the outlying areas for
activities carried out in accordance with this section.
‘‘(2) STATE ALLOTMENTS.—
‘‘(A) HOLD HARMLESS.—
‘‘(i) IN
GENERAL.—Subject to sub-
paragraph (B) and clause (ii), from the
amount made available to carry out this
subpart for a fiscal year and not reserved
204
under paragraph (1), the Secretary shall
allot to each State an amount equal to the
amount that such State received for the
preceding fiscal year under this section or
section 310 of the Department of Edu-
cation Appropriations Act, 2000, as the
case may be.
‘‘(ii) RATABLE
REDUCTION.—If the
amount made available to carry out this
subpart for a fiscal year and not reserved
under paragraph (1) is insufficient to pay
the full amounts that all States are eligible
to receive under clause (i) for such fiscal
year, the Secretary shall ratably reduce
such amounts for such fiscal year.
‘‘(B) 
ALLOTMENT
OF
ADDITIONAL
FUNDS.—
‘‘(i) IN GENERAL.—Subject to clause
(ii), for any fiscal year for which the
amount made available to carry out this
part and not reserved under paragraph (1)
exceeds the amount made available to the
States for the preceding year under the au-
thorities described in subparagraph (A)(i),
the Secretary shall allot to each of those
205
States the percentage of the excess amount
that is the greater of—
‘‘(I) the percentage the State re-
ceived for the preceding fiscal year of
the total amount made available to
the States under section 1122; or
‘‘(II) the percentage so received
of the total amount made available to
the States under section 6511(b), as
in effect on the day before the date of
enactment of the Safe and Successful
Schools Act, or the corresponding pro-
vision of this title, as the case may be.
‘‘(ii) RATABLE REDUCTIONS.—If the
excess amount for a fiscal year is insuffi-
cient to pay the full amounts that all
States are eligible to receive under clause
(i) for such fiscal year, the Secretary shall
ratably reduce such amounts for such fis-
cal year.
‘‘(c) ALLOCATION TO LOCAL EDUCATIONAL AGEN-
CIES.—
‘‘(1) ALLOCATION.—Each State that receives
funds under this section shall allocate 100 percent
206
of those funds to local educational agencies, of
which—
‘‘(A) 80 percent shall be allocated to those
local educational agencies in proportion to the
number of children, age 5 through 17, from
families with incomes below the poverty line (as
defined by the Office of Management and
Budget and revised annually in accordance with
section 673(2) of the Community Services
Block Grant Act (42 U.S.C. 9902(2))) applica-
ble to a family of the size involved, who reside
in the school district served by that local edu-
cational agency for the most recent fiscal year
for which satisfactory data are available, com-
pared to the number of those children who re-
side in the school districts served by all the
local educational agencies in the State for that
fiscal year; and
‘‘(B) 20 percent shall be allocated to those
local educational agencies in accordance with
the relative enrollments of children, age 5
through 17, in public and private nonprofit ele-
mentary schools and secondary schools within
the areas served by those agencies.
207
‘‘(2) EXCEPTION.—Notwithstanding paragraph
(1) and subsection (d)(2)(B), if the award to a local
educational agency under this section is less than
the starting salary for a new fully qualified teacher
for a school served by that agency, that agency may
use funds made available under this section to—
‘‘(A) help pay the salary of a full- or part-
time fully qualified teacher hired to reduce class
size, which may be done in combination with
the expenditure of other Federal, State, or local
funds; or
‘‘(B) pay for activities described in sub-
section (d)(2)(A)(iii) that may be related to
teaching in smaller classes.
‘‘(d) USE OF FUNDS.—
‘‘(1) MANDATORY
USES.—Each local edu-
cational agency that receives funds under this sec-
tion shall use those funds to carry out effective ap-
proaches to reducing class size through use of fully
qualified teachers to improve educational achieve-
ment for both regular and special needs children,
with particular consideration given to reducing class
size in the early elementary grades for which some
research has shown class size reduction is most ef-
fective.