H. R. 6—378
‘‘(C) programs under part A of title II of the Carl
D. Perkins Vocational and Applied Technology Education
Act;
‘‘(D) programs under the Goals 2000: Educate America
Act;
‘‘(E) programs under the School-to-Work Opportunities
Act of 1994; and
‘‘(F) such other programs as the Secretary may des-
ignate.
‘‘(3) CONSOLIDATED APPLICATIONS AND PLANS.—A State edu-
cational agency that submits a consolidated State plan or a
consolidated State application under this section shall not be
required to submit separate State plans or applications under
any of the programs to which the consolidated State plan or
consolidated State application under this section applies.
‘‘(b) COLLABORATION.—
‘‘(1) IN GENERAL.—In establishing criteria and procedures
under this section, the Secretary shall collaborate with State
educational agencies and, as appropriate, with other State agen-
cies, local educational agencies, public and private nonprofit
agencies, organizations, and institutions, private schools, and
representatives of parents, students, and teachers.
‘‘(2) 
CONTENTS.—Through 
the 
collaborative 
process
described in subsection (b)(1), the Secretary shall establish,
for each program under the Act to which this section applies,
the descriptions, information, assurances, and other material
required to be included in a consolidated State plan or consoli-
dated State application.
‘‘(3) NECESSARY MATERIALS.—The Secretary shall require
only descriptions, information, assurances, and other materials
that are absolutely necessary for the consideration of the
consolidated State plan or consolidated State application.
‘‘SEC. 14303. GENERAL 
APPLICABILITY 
OF 
STATE 
EDUCATIONAL
AGENCY ASSURANCES.
‘‘(a) ASSURANCES.—A State educational agency that submits
a consolidated State plan or consolidated State application under
this Act, whether separately or under section 14302, shall have
on file with the Secretary a single set of assurances, applicable
to each program for which such plan or application is submitted,
that provides that—
‘‘(1) each such program will be administered in accordance
with all applicable statutes, regulations, program plans, and
applications;
‘‘(2)(A) the control of funds provided under each such pro-
gram and title to property acquired with program funds will
be in a public agency, in a nonprofit private agency, institution,
or organization, or in an Indian tribe if the law authorizing
the program provides for assistance to such entities; and
‘‘(B) the public agency, nonprofit private agency, institution,
or organization, or Indian tribe will administer such funds
and property to the extent required by the authorizing law;
‘‘(3) the State will adopt and use proper methods of admin-
istering each such program, including—
‘‘(A) the enforcement of any obligations imposed by
law on agencies, institutions, organizations, and other
recipients responsible for carrying out each program;
H. R. 6—379
‘‘(B) the correction of deficiencies in program operations
that are identified through audits, monitoring, or evalua-
tion; and
‘‘(C) the adoption of written procedures for the receipt
and resolution of complaints alleging violations of law in
the administration of such programs;
‘‘(4) the State will cooperate in carrying out any evaluation
of each such program conducted by or for the Secretary or
other Federal officials;
‘‘(5) the State will use such fiscal control and fund account-
ing procedures as will ensure proper disbursement of, and
accounting for, Federal funds paid to the State under each
such program;
‘‘(6) the State will—
‘‘(A) make reports to the Secretary as may be necessary
to enable the Secretary to perform the Secretary’s duties
under each such program; and
‘‘(B) maintain such records, provide such information
to the Secretary, and afford access to the records as the
Secretary may find necessary to carry out the Secretary’s
duties; and
‘‘(7) before the plan or application was submitted to the
Secretary, the State has afforded a reasonable opportunity for
public comment on the plan or application and has considered
such comment.
‘‘(b) GEPA PROVISION.—Section 441 of the General Education
Provisions Act shall not apply to programs under this Act.
‘‘SEC. 14304. ADDITIONAL COORDINATION.
‘‘(a) ADDITIONAL COORDINATION.—In order to explore ways for
State educational agencies to reduce administrative burdens and
promote the coordination of the education services of this Act with
other health and social service programs administered by such
agencies, the Secretary is directed to seek agreements with other
Federal agencies (including the Departments of Health and Human
Services, Justice, Labor and Agriculture) for the purpose of
establishing procedures and criteria under which a State edu-
cational agency would submit a consolidated State plan or consoli-
dated State application that meets the requirements of the covered
programs.
‘‘(b) REPORT.—The Secretary shall report to the relevant
committees 6 months after the date of enactment of the Improving
America’s Schools Act of 1994.
‘‘SEC. 14305. CONSOLIDATED LOCAL PLANS OR APPLICATIONS.
‘‘(a) GENERAL AUTHORITY.—A local educational agency receiving
funds under more than one covered program may submit plans
or applications to the State educational agency under such programs
on a consolidated basis.
‘‘(b) REQUIRED CONSOLIDATED PLANS
OR APPLICATIONS.—A
State educational agency that has submitted and had approved
a consolidated State plan or application under section 14302 may
require local educational agencies in the State receiving funds under
more than one program included in the consolidated State plan
or consolidated State application to submit consolidated local plans
or applications under such programs.
‘‘(c) COLLABORATION.—A State educational agency shall collabo-
rate with local educational agencies in the State in establishing
H. R. 6—380
procedures for the submission of the consolidated State plans or
consolidated State applications under this section.
‘‘(d) NECESSARY MATERIALS.—The State educational agency
shall require only descriptions, information, assurances, and other
material that are absolutely necessary for the consideration of the
local educational agency plan or application.
‘‘SEC. 14306. OTHER GENERAL ASSURANCES.
‘‘(a) ASSURANCES.—Any applicant other than a State edu-
cational agency that submits a plan or application under this Act,
whether separately or pursuant to section 14304, shall have on
file with the State educational agency a single set of assurances,
applicable to each program for which a plan or application is submit-
ted, that provides that—
‘‘(1) each such program will be administered in accordance
with all applicable statutes, regulations, program plans, and
applications;
‘‘(2)(A) the control of funds provided under each such pro-
gram and title to property acquired with program funds will
be in a public agency or in a nonprofit private agency, institu-
tion, organization, or Indian tribe, if the law authorizing the
program provides for assistance to such entities; and
‘‘(B) the public agency, nonprofit private agency, institution,
or organization, or Indian tribe will administer such funds
and property to the extent required by the authorizing statutes;
‘‘(3) the applicant will adopt and use proper methods of
administering each such program, including—
‘‘(A) the enforcement of any obligations imposed by
law on agencies, institutions, organizations, and other
recipients responsible for carrying out each program; and
‘‘(B) the correction of deficiencies in program operations
that are identified through audits, monitoring, or evalua-
tion;
‘‘(4) the applicant will cooperate in carrying out any evalua-
tion of each such program conducted by or for the State edu-
cational agency, the Secretary or other Federal officials;
‘‘(5) the applicant will use such fiscal control and fund
accounting procedures as will ensure proper disbursement of,
and accounting for, Federal funds paid to such applicant under
each such program;
‘‘(6) the applicant will—
‘‘(A) make reports to the State educational agency and
the Secretary as may be necessary to enable such agency
and the Secretary to perform their duties under each such
program; and
‘‘(B) maintain such records, provide such information,
and afford access to the records as the State educational
agency or the Secretary may find necessary to carry out
the State educational agency’s or the Secretary’s duties;
and
‘‘(7) before the application was submitted, the applicant
afforded a reasonable opportunity for public comment on the
application and has considered such comment.
‘‘(b) GEPA PROVISION.—Section 442 of the General Education
Provisions Act does not apply to programs under this Act.
H. R. 6—381
‘‘SEC. 14307. RELATIONSHIP OF STATE AND LOCAL PLANS TO PLANS
UNDER THE GOALS 2000: EDUCATE AMERICA ACT.
‘‘(a) STATE PLANS.—
‘‘(1) IN GENERAL.—Each State plan submitted under the
following programs shall be integrated with each other and
the State’s improvement plan, if any, either approved or being
developed, under title III of the Goals 2000: Educate America
Act, the School-to-Work Opportunities Act of 1994, and the
Carl D. Perkins Vocational and Applied Technology Education
Act:
‘‘(A) Part A of title I (helping disadvantaged children
meet high standards).
‘‘(B) Part C of title I (education of migratory children).
‘‘(C) Part D of title I (education of neglected, delin-
quent, and at-risk youth).
‘‘(D) Title II (professional development).
‘‘(E) Title IV (safe and drug-free schools).
‘‘(F) Title VI (innovative education program strategies).
‘‘(G) Subpart 4 of part A of title IX (Indian education).
‘‘(2) SPECIAL RULE.—Notwithstanding any other provision
of this Act, if a requirement relating to a State plan referred
to in paragraph (1) is already satisfied by the approved State
improvement plan for such State under title III of the Goals
2000: Educate America Act, the State plan referred to in para-
graph (1) need not separately address that requirement.
‘‘(3) AMENDMENT.—Any State plan referred to in paragraph
(1) may, if necessary, be submitted as an amendment to the
State improvement plan for such State under title III of the
Goals 2000: Educate America Act.
‘‘(b) LOCAL PLANS.—
‘‘(1) IN
GENERAL.—Each local educational agency plan
submitted under the following programs shall be integrated
with each other and its local improvement plan, if any, either
approved or being developed, under title III of the Goals 2000:
Educate America Act:
‘‘(A) Part A of title I (helping disadvantaged children
meet high standards).
‘‘(B) Title II (professional development).
‘‘(C) Title IV (safe and drug-free schools).
‘‘(D) Subpart 4 of part A of title IX (Indian education).
‘‘(E) Subpart 1 of part A of title VII (bilingual edu-
cation).
‘‘(F) Title VI (innovative education program strategies).
‘‘(G) Part C of title VII (emergency immigrant edu-
cation).
‘‘(2) PLAN OF OPERATION.—Each plan of operation included
in an application submitted by an eligible entity under part
B of title I (Even Start) shall be consistent with, and promote
the goals of, the State and local improvement plans, either
approved or being developed, under title III of the Goals 2000:
Educate America Act or, if those plans are not approved or
being developed, with the State and local plans under sections
1111 and 1112.
‘‘(3) SPECIAL RULE.—Notwithstanding any other provision
of this Act, if a requirement relating to a local plan referred
to in paragraph (1) is already satisfied by the local educational
agency’s approved local improvement plan under title III of
H. R. 6—382
the Goals 2000: Educate America Act, the local plan referred
to in paragraph (1) need not separately address that require-
ment.
‘‘(4) SUBMISSION.—Any local plan referred to in paragraph
(1) may, if necessary, be submitted as an amendment to the
local educational agency’s improvement plan under title III
of the Goals 2000: Educate America Act.
‘‘PART D—WAIVERS
‘‘SEC. 14401. WAIVERS 
OF 
STATUTORY 
AND 
REGULATORY
REQUIREMENTS.
‘‘(a) IN GENERAL.—Except as provided in subsection (c), the
Secretary may waive any statutory or regulatory requirement of
this Act for a State educational agency, local educational agency,
Indian tribe, or school through a local educational agency, that—
‘‘(1) receives funds under a program authorized by this
Act; and
‘‘(2) requests a waiver under subsection (b).
‘‘(b) REQUEST FOR WAIVER.—
‘‘(1) IN GENERAL.—A State educational agency, local edu-
cational agency, or Indian tribe which desires a waiver shall
submit a waiver request to the Secretary that—
‘‘(A) identifies the Federal programs affected by such
requested waiver;
‘‘(B) describes which Federal requirements are to be
waived and how the waiving of such requirements will—
‘‘(i) increase the quality of instruction for students;
or
‘‘(ii) improve the academic performance of students;
‘‘(C) if applicable, describes which similar State and
local requirements will be waived and how the waiving
of such requirements will assist the local educational agen-
cies, Indian tribes or schools, as appropriate, to achieve
the objectives described in clauses (i) and (ii) of subpara-
graph (B);
‘‘(D) 
describes 
specific, 
measurable 
educational
improvement goals and expected outcomes for all affected
students;
‘‘(E) describes the methods to be used to measure
progress in meeting such goals and outcomes; and
‘‘(F) describes how schools will continue to provide
assistance to the same populations served by programs
for which waivers are requested.
‘‘(2) ADDITIONAL INFORMATION.—Such requests—
‘‘(A) may provide for waivers of requirements applicable
to State educational agencies, local educational agencies,
Indian tribes, and schools; and
‘‘(B) shall be developed and submitted—
‘‘(i)(I) by local educational agencies (on behalf of
such agencies and schools) to State educational agen-
cies; and
‘‘(II) by State educational agencies (on behalf of,
and based upon the requests of, local educational agen-
cies) to the Secretary; or
‘‘(ii) by Indian tribes (on behalf of schools operated
by such tribes) to the Secretary.
H. R. 6—384
‘‘(A) describes the uses of such waiver by such agency
or by schools;
‘‘(B) describes how schools continued to provide assist-
ance to the same populations served by the programs for
which waivers are requested; and
‘‘(C) evaluates the progress of such agency and of
schools in improving the quality of instruction or the aca-
demic performance of students.
‘‘(2) STATE
WAIVER.—A State educational agency that
receives reports required under paragraph (1) shall annually
submit a report to the Secretary that is based on such reports
and contains such information as the Secretary may require.
‘‘(3) INDIAN TRIBE WAIVER.—An Indian tribe that receives
a waiver under this section shall annually submit a report
to the Secretary that—
‘‘(A) describes the uses of such waiver by schools oper-
ated by such tribe; and
‘‘(B) evaluates the progress of such schools in improving
the quality of instruction or the academic performance
of students.
‘‘(4) REPORT TO CONGRESS.—Beginning in fiscal year 1997
and each subsequent year, the Secretary shall submit to the
Committee on Education and Labor of the House of Representa-
tives and the Committee on Labor and Human Resources of
the Senate a report—
‘‘(A) summarizing the uses of waivers by State edu-
cational agencies, local educational agencies, Indian tribes,
and schools; and
‘‘(B) describing whether such waivers—
‘‘(i) increased the quality of instruction to students;
or
‘‘(ii) improved the academic performance of stu-
dents.
‘‘(f) TERMINATION OF WAIVERS.—The Secretary shall terminate
a waiver under this section if the Secretary determines that the
performance of the State or other recipient affected by the waiver
has been inadequate to justify a continuation of the waiver or
if the waiver is no longer necessary to achieve its original purposes.
‘‘(g) PUBLICATION.—A notice of the Secretary’s decision to grant
each waiver under subsection (a) shall be published in the Federal
Register and the Secretary shall provide for the dissemination
of such notice to State educational agencies, interested parties,
including educators, parents, students, advocacy and civil rights
organizations, and the public.
‘‘PART E—UNIFORM PROVISIONS
‘‘SEC. 14501. MAINTENANCE OF EFFORT.
‘‘(a) IN GENERAL.—A local educational agency may receive funds
under a covered program for any fiscal year only if the State
educational agency finds that either the combined fiscal effort per
student or the aggregate expenditures of such agency and the
State with respect to the provision of free public education by
such agency for the preceding fiscal year was not less than 90
percent of such combined fiscal effort or aggregate expenditures
for the second preceding fiscal year.
‘‘(b) REDUCTION IN CASE OF FAILURE TO MEET.—
H. R. 6—385
‘‘(1) IN
GENERAL.—The State educational agency shall
reduce the amount of the allocation of funds under a covered
program in any fiscal year in the exact proportion to which
a local educational agency fails to meet the requirement of
subsection (a) by falling below 90 percent of both the combined
fiscal effort per student and aggregate expenditures (using the
measure most favorable to such local agency).
‘‘(2) SPECIAL RULE.—No such lesser amount shall be used
for computing the effort required under subsection (a) for subse-
quent years.
‘‘(c) WAIVER.—The Secretary may waive the requirements of
this section if the Secretary determines that such a waiver would
be equitable due to—
‘‘(1) exceptional or uncontrollable circumstances such as
a natural disaster; or
‘‘(2) a precipitous decline in the financial resources of the
local educational agency.
‘‘SEC. 14502. PROHIBITION REGARDING STATE AID.
‘‘A State shall not take into consideration payments under
this Act (other than under title VIII) in determining the eligibility
of any local educational agency in such State for State aid, or
the amount of State aid, with respect to free public education
of children.
‘‘SEC. 14503. PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND
TEACHERS.
‘‘(a) PRIVATE SCHOOL PARTICIPATION.—
‘‘(1) IN GENERAL.—Except as otherwise provided in this
Act, to the extent consistent with the number of eligible children
in a State educational agency, local educational agency, or
educational service agency or consortium of such agencies
receiving financial assistance under a program specified in
subsection (b), who are enrolled in private elementary and
secondary schools in such agency or consortium, such agency
or consortium shall, after timely and meaningful consultation
with appropriate private school officials, provide such children
and their teachers or other educational personnel, on an equi-
table basis, special educational services or other benefits under
such program.
‘‘(2) SECULAR, NEUTRAL, AND NONIDEOLOGICAL SERVICES OR
BENEFITS.—Educational services or other benefits, including
materials and equipment, provided under this section, shall
be secular, neutral, and nonideological.
‘‘(3) SPECIAL RULE.—Educational services and other benefits
provided under this section for such private school children,
teachers, and other educational personnel shall be equitable
in comparison to services and other benefits for public school
children, teachers, and other educational personnel participat-
ing in such program.
‘‘(4) EXPENDITURES.—Expenditures for educational services
and other benefits provided under this section to eligible private
school children, their teachers, and other educational personnel
serving such children shall be equal, taking into account the
number and educational needs of the children to be served,
to the expenditures for participating public school children.
‘‘(5) PROVISION OF SERVICES.—Such agency or consortium
described in subsection (a)(1) may provide such services directly
H. R. 6—386
or through contracts with public and private agencies, organiza-
tions, and institutions.
‘‘(b) APPLICABILITY.—
‘‘(1) IN GENERAL.—This section applies to programs under—
‘‘(A) part C of title I (migrant education);
‘‘(B) title II (other than section 2103 and part C of
such title);
‘‘(C) title VII;
‘‘(D) title III (other than part B of such title) (Star
Schools); and
‘‘(E) part A of title IV (other than section 4114).
‘‘(2) DEFINITION.—For the purposes of this section, the term
‘eligible children’ means children eligible for services under
a program described in paragraph (1).
‘‘(c) CONSULTATION.—
‘‘(1) IN GENERAL.—To ensure timely and meaningful con-
sultation, a State educational agency, local educational agency,
educational service agency or consortium of such agencies shall
consult with appropriate private school officials during the
design and development of the programs under this Act, on
issues such as—
‘‘(A) how the children’s needs will be identified;
‘‘(B) what services will be offered;
‘‘(C) how and where the services will be provided; and
‘‘(D) how the services will be assessed.
‘‘(2) TIMING.—Such consultation shall occur before the
agency or consortium makes any decision that affects the
opportunities of eligible private school children, teachers, and
other educational personnel to participate in programs under
this Act.
‘‘(3) 
DISCUSSION
REQUIRED.—Such 
consultation 
shall
include a discussion of service delivery mechanisms that the
agency or consortium could use to provide equitable services
to eligible private school children, teachers, administrators,
and other staff.
‘‘(d) PUBLIC CONTROL OF FUNDS.—
‘‘(1) IN GENERAL.—The control of funds used to provide
services under this section, and title to materials, equipment,
and property purchased with such funds, shall be in a public
agency for the uses and purposes provided in this Act, and
a public agency shall administer such funds and property.
‘‘(2) PROVISION OF SERVICES.—(A) The provision of services
under this section shall be provided—
‘‘(i) by employees of a public agency; or
‘‘(ii) through contract by such public agency with an
individual, association, agency, or organization.
‘‘(B) In the provision of such services, such employee, per-
son, association, agency, or organization shall be independent
of such private school and of any religious organization, and
such employment or contract shall be under the control and
supervision of such public agency.
‘‘(C) Funds used to provide services under this section
shall not be commingled with non-Federal funds.
‘‘SEC. 14504. STANDARDS FOR BY-PASS.
‘‘If, by reason of any provision of law, a State educational
agency, local educational agency, educational service agency or
H. R. 6—387
consortium of such agencies is prohibited from providing for the
participation in programs of children enrolled in, or teachers or
other educational personnel from, private elementary and secondary
schools, on an equitable basis, or if the Secretary determines that
such agency or consortium has substantially failed or is unwilling
to provide for such participation, as required by section 14503,
the Secretary shall—
‘‘(1) waive the requirements of that section for such agency
or consortium; and
‘‘(2) arrange for the provision of equitable services to such
children, teachers, or other educational personnel through
arrangements that shall be subject to the requirements of this
section and of sections 14503, 14505, and 14506.
‘‘SEC. 14505. COMPLAINT PROCESS FOR PARTICIPATION OF PRIVATE
SCHOOL CHILDREN.
‘‘(a) PROCEDURES
FOR
COMPLAINTS.—The Secretary shall
develop and implement written procedures for receiving, investigat-
ing, and resolving complaints from parents, teachers, or other
individuals and organizations concerning violations of section 14503
by a State educational agency, local educational agency, educational
service agency, or consortium of such agencies. Such individual
or organization shall submit such complaint to the State educational
agency for a written resolution by the State educational agency
within a reasonable period of time.
‘‘(b) APPEALS
TO
THE SECRETARY.—Such resolution may be
appealed by an interested party to the Secretary not later than
30 days after the State educational agency resolves the complaint
or fails to resolve the complaint within a reasonable period of
time. Such appeal shall be accompanied by a copy of the State
educational agency’s resolution, and a complete statement of the
reasons supporting the appeal. The Secretary shall investigate and
resolve each such appeal not later than 120 days after receipt
of the appeal.
‘‘SEC. 14506. BY-PASS DETERMINATION PROCESS.
‘‘(a) REVIEW.—
‘‘(1) IN GENERAL.—(A) The Secretary shall not take any
final action under section 14504 until the State educational
agency, local educational agency, educational service agency,
or consortium of such agencies affected by such action has
had an opportunity, for not less than 45 days after receiving
written notice thereof, to submit written objections and to
appear before the Secretary to show cause why that action
should not be taken.
‘‘(B) Pending final resolution of any investigation or com-
plaint that could result in a determination under this section,
the Secretary may withhold from the allocation of the affected
State or local educational agency the amount estimated by
the Secretary to be necessary to pay the cost of those services.
‘‘(2) PETITION
FOR
REVIEW.—(A) If such affected agency
or consortium is dissatisfied with the Secretary’s final action
after a proceeding under paragraph (1), such agency or consor-
tium may, within 60 days after notice of such action, file
with the United States court of appeals for the circuit in which
such State is located a petition for review of that action.
‘‘(B) A copy of the petition shall be forthwith transmitted
by the clerk of the court to the Secretary.