H. R. 1—150
‘‘(1) use such information as the Secretary finds most
accurately reflects the actual number of migratory children;
‘‘(2) develop and implement a procedure for more accurately
reflecting cost factors for different types of summer and inter-
session program designs;
‘‘(3) adjust the full-time equivalent number of migratory
children who reside in each State to take into account—
‘‘(A) the special needs of those children participating
in special programs provided under this part that operate
during the summer and intersession periods; and
‘‘(B) the additional costs of operating such programs;
and
‘‘(4) conduct an analysis of the options for adjusting the
formula so as to better direct services to the child whose edu-
cation has been interrupted.
‘‘SEC. 1304. STATE APPLICATIONS; SERVICES.
‘‘(a) APPLICATION REQUIRED.—Any State desiring to receive a
grant under this part for any fiscal year shall submit an application
to the Secretary at such time and in such manner as the Secretary
may require.
‘‘(b) PROGRAM
INFORMATION.—Each such application shall
include—
‘‘(1) a description of how, in planning, implementing, and
evaluating programs and projects assisted under this part, the
State and its local operating agencies will ensure that the
special educational needs of migratory children, including pre-
school migratory children, are identified and addressed
through—
‘‘(A) the full range of services that are available for
migratory children from appropriate local, State, and Fed-
eral educational programs;
‘‘(B) joint planning among local, State, and Federal
educational programs serving migrant children, including
language instruction educational programs under part A
or B of title III;
‘‘(C) the integration of services available under this
part with services provided by those other programs; and
‘‘(D) measurable program goals and outcomes;
‘‘(2) a description of the steps the State is taking to provide
all migratory students with the opportunity to meet the same
challenging State academic content standards and challenging
State student academic achievement standards that all children
are expected to meet;
‘‘(3) a description of how the State will use funds received
under this part to promote interstate and intrastate coordina-
tion of services for migratory children, including how, consistent
with procedures the Secretary may require, the State will pro-
vide for educational continuity through the timely transfer
of pertinent school records, including information on health,
when children move from one school to another, whether or
not such move occurs during the regular school year;
‘‘(4) a description of the State’s priorities for the use of
funds received under this part, and how such priorities relate
to the State’s assessment of needs for services in the State;
‘‘(5) a description of how the State will determine the
amount of any subgrants the State will award to local operating
H. R. 1—151
agencies, taking into account the numbers and needs of migra-
tory children, the requirements of subsection (d), and the avail-
ability of funds from other Federal, State, and local programs;
‘‘(6) such budgetary and other information as the Secretary
may require; and
‘‘(7) a description of how the State will encourage programs
and projects assisted under this part to offer family literacy
services if the program or project serves a substantial number
of migratory children who have parents who do not have a
high school diploma or its recognized equivalent or who have
low levels of literacy.
‘‘(c) ASSURANCES.—Each such application shall also include
assurances, satisfactory to the Secretary, that—
‘‘(1) funds received under this part will be used only—
‘‘(A) for programs and projects, including the acquisi-
tion of equipment, in accordance with section 1306; and
‘‘(B) to coordinate such programs and projects with
similar programs and projects within the State and in
other States, as well as with other Federal programs that
can benefit migratory children and their families;
‘‘(2) such programs and projects will be carried out in
a manner consistent with the objectives of section 1114, sub-
sections (b) and (d) of section 1115, subsections (b) and (c)
of section 1120A, and part I;
‘‘(3) in the planning and operation of programs and projects
at both the State and local agency operating level, there is
consultation with parent advisory councils for programs of 1
school year in duration, and that all such programs and projects
are carried out—
‘‘(A) in a manner that provides for the same parental
involvement as is required for programs and projects under
section 1118, unless extraordinary circumstances make
such provision impractical; and
‘‘(B) in a format and language understandable to the
parents;
‘‘(4) in planning and carrying out such programs and
projects, there has been, and will be, adequate provision for
addressing the unmet education needs of preschool migratory
children;
‘‘(5) the effectiveness of such programs and projects will
be determined, where feasible, using the same approaches and
standards that will be used to assess the performance of stu-
dents, schools, and local educational agencies under part A;
‘‘(6) to the extent feasible, such programs and projects
will provide for—
‘‘(A) advocacy and outreach activities for migratory
children and their families, including informing such chil-
dren and families of, or helping such children and families
gain access to, other education, health, nutrition, and social
services;
‘‘(B) professional development programs, including
mentoring, for teachers and other program personnel;
‘‘(C) family literacy programs, including such programs
that use models developed under Even Start;
‘‘(D) the integration of information technology into edu-
cational and related programs; and
H. R. 1—152
‘‘(E) programs to facilitate the transition of secondary
school students to postsecondary education or employment;
and
‘‘(7) the State will assist the Secretary in determining the
number of migratory children under paragraphs (1)(A) and
(2)(B)(i) of section 1303(a), through such procedures as the
Secretary may require.
‘‘(d) PRIORITY FOR SERVICES.—In providing services with funds
received under this part, each recipient of such funds shall give
priority to migratory children who are failing, or most at risk
of failing, to meet the State’s challenging State academic content
standards and challenging State student academic achievement
standards, and whose education has been interrupted during the
regular school year.
‘‘(e) CONTINUATION OF SERVICES.—Notwithstanding any other
provision of this part—
‘‘(1) a child who ceases to be a migratory child during
a school term shall be eligible for services until the end of
such term;
‘‘(2) a child who is no longer a migratory child may continue
to receive services for 1 additional school year, but only if
comparable services are not available through other programs;
and
‘‘(3) secondary school students who were eligible for services
in secondary school may continue to be served through credit
accrual programs until graduation.
‘‘SEC. 1305. SECRETARIAL APPROVAL; PEER REVIEW.
‘‘(a) SECRETARIAL APPROVAL.—The Secretary shall approve each
State application that meets the requirements of this part.
‘‘(b) PEER
REVIEW.—The Secretary may review any such
application with the assistance and advice of State officials and
other individuals with relevant expertise.
‘‘SEC. 1306. COMPREHENSIVE NEEDS ASSESSMENT AND SERVICE-
DELIVERY PLAN; AUTHORIZED ACTIVITIES.
‘‘(a) COMPREHENSIVE PLAN.—
‘‘(1) IN
GENERAL.—Each State that receives assistance
under this part shall ensure that the State and its local oper-
ating agencies identify and address the special educational
needs of migratory children in accordance with a comprehensive
State plan that—
‘‘(A) is integrated with other programs under this Act
or other Acts, as appropriate;
‘‘(B) may be submitted as a part of a consolidated
application under section 9302, if—
‘‘(i) the special needs of migratory children are
specifically addressed in the comprehensive State plan;
‘‘(ii) the comprehensive State plan is developed
in collaboration with parents of migratory children;
and
‘‘(iii) the comprehensive State plan is not used
to supplant State efforts regarding, or administrative
funding for, this part;
‘‘(C) provides that migratory children will have an
opportunity to meet the same challenging State academic
content standards and challenging State student academic
H. R. 1—153
achievement standards that all children are expected to
meet;
‘‘(D) specifies measurable program goals and outcomes;
‘‘(E) encompasses the full range of services that are
available for migratory children from appropriate local,
State, and Federal educational programs;
‘‘(F) is the product of joint planning among such local,
State, and Federal programs, including programs under
part A, early childhood programs, and language instruction
educational programs under part A or B of title III; and
‘‘(G) provides for the integration of services available
under this part with services provided by such other pro-
grams.
‘‘(2) DURATION OF THE PLAN.—Each such comprehensive
State plan shall—
‘‘(A) remain in effect for the duration of the State’s
participation under this part; and
‘‘(B) be periodically reviewed and revised by the State,
as necessary, to reflect changes in the State’s strategies
and programs under this part.
‘‘(b) AUTHORIZED ACTIVITIES.—
‘‘(1) FLEXIBILITY.—In implementing the comprehensive plan
described in subsection (a), each State educational agency,
where applicable through its local educational agencies, shall
have the flexibility to determine the activities to be provided
with funds made available under this part, except that such
funds first shall be used to meet the identified needs of migra-
tory children that result from their migratory lifestyle, and
to permit these children to participate effectively in school.
‘‘(2) UNADDRESSED NEEDS.—Funds provided under this part
shall be used to address the needs of migratory children that
are not addressed by services available from other Federal
or non-Federal programs, except that migratory children who
are eligible to receive services under part A may receive those
services through funds provided under that part, or through
funds under this part that remain after the agency addresses
the needs described in paragraph (1).
‘‘(3) CONSTRUCTION.—Nothing in this part shall be con-
strued to prohibit a local educational agency from serving
migratory children simultaneously with students with similar
educational needs in the same educational settings, where
appropriate.
‘‘(4) SPECIAL RULE.—Notwithstanding section 1114, a school
that receives funds under this part shall continue to address
the identified needs described in paragraph (1), and shall meet
the special educational needs of migratory children before using
funds under this part for schoolwide programs under section
1114.
‘‘SEC. 1307. BYPASS.
‘‘The Secretary may use all or part of any State’s allocation
under this part to make arrangements with any public or private
nonprofit agency to carry out the purpose of this part in such
State if the Secretary determines that—
‘‘(1) the State is unable or unwilling to conduct educational
programs for migratory children;
H. R. 1—154
‘‘(2) such arrangements would result in more efficient and
economic administration of such programs; or
‘‘(3) such arrangements would add substantially to the
welfare or educational attainment of such children.
‘‘SEC. 1308. COORDINATION OF MIGRANT EDUCATION ACTIVITIES.
‘‘(a) IMPROVEMENT OF COORDINATION.—
‘‘(1) IN GENERAL.—The Secretary, in consultation with the
States, may make grants to, or enter into contracts with, State
educational agencies, local educational agencies, institutions
of higher education, and other public and private nonprofit
entities to improve the interstate and intrastate coordination
among such agencies’ educational programs, including the
establishment or improvement of programs for credit accrual
and exchange, available to migratory students.
‘‘(2) DURATION.—Grants under this subsection may be
awarded for not more than 5 years.
‘‘(b) STUDENT RECORDS.—
‘‘(1) ASSISTANCE.—The Secretary shall assist States in
developing effective methods for the electronic transfer of stu-
dent records and in determining the number of migratory chil-
dren in each State.
‘‘(2) INFORMATION SYSTEM.—
‘‘(A) IN GENERAL.—The Secretary, in consultation with
the States, shall ensure the linkage of migrant student
record systems for the purpose of electronically exchanging,
among the States, health and educational information
regarding all migratory students. The Secretary shall
ensure such linkage occurs in a cost-effective manner, uti-
lizing systems used by the States prior to, or developed
after, the date of enactment of the No Child Left Behind
Act of 2001, and shall determine the minimum data ele-
ments that each State receiving funds under this part
shall collect and maintain. Such elements may include—
‘‘(i) 
immunization 
records 
and 
other 
health
information;
‘‘(ii) elementary and secondary academic history
(including partial credit), credit accrual, and results
from State assessments required under section 1111(b);
‘‘(iii) other academic information essential to
ensuring that migratory children achieve to high stand-
ards; and
‘‘(iv) eligibility for services under the Individuals
with Disabilities Education Act.
‘‘(B) NOTICE AND COMMENT.—After consulting with the
States under subparagraph (A), the Secretary shall publish
a notice in the Federal Register seeking public comment
on the proposed data elements that each State receiving
funds under this part shall be required to collect for pur-
poses of electronic transfer of migratory student informa-
tion and the requirements that States shall meet for imme-
diate electronic access to such information. Such publica-
tion shall occur not later than 120 days after the date
of enactment of the No Child Left Behind Act of 2001.
‘‘(3) NO COST FOR CERTAIN TRANSFERS.—A State educational
agency or local educational agency receiving assistance under
this part shall make student records available to another State
H. R. 1—155
educational agency or local educational agency that requests
the records at no cost to the requesting agency, if the request
is made in order to meet the needs of a migratory child.
‘‘(4) REPORT TO CONGRESS.—
‘‘(A) IN GENERAL.—Not later than April 30, 2003, the
Secretary shall report to the Committee on Health, Edu-
cation, Labor, and Pensions of the Senate and the Com-
mittee on Education and the Workforce of the House of
Representatives the Secretary’s findings and recommenda-
tions regarding the maintenance and transfer of health
and educational information for migratory students by the
States.
‘‘(B) REQUIRED CONTENTS.—The Secretary shall include
in such report—
‘‘(i) a review of the progress of States in developing
and linking electronic records transfer systems;
‘‘(ii) recommendations for the development and
linkage of such systems; and
‘‘(iii) recommendations for measures that may be
taken to ensure the continuity of services provided
for migratory students.
‘‘(c) AVAILABILITY OF FUNDS.—For the purpose of carrying out
this section in any fiscal year, the Secretary shall reserve not
more than $10,000,000 of the amount appropriated to carry out
this part for such year.
‘‘(d) INCENTIVE GRANTS.—From the amounts made available
to carry out this section for any fiscal year, the Secretary may
reserve not more than $3,000,000 to award grants of not more
than $250,000 on a competitive basis to State educational agencies
that propose a consortium arrangement with another State or other
appropriate entity that the Secretary determines, pursuant to cri-
teria that the Secretary shall establish, will improve the delivery
of services to migratory children whose education is interrupted.
‘‘(e) DATA COLLECTION.—The Secretary shall direct the National
Center for Education Statistics to collect data on migratory children.
‘‘SEC. 1309. DEFINITIONS.
‘‘As used in this part:
‘‘(1) LOCAL OPERATING AGENCY.—The term ‘local operating
agency’ means—
‘‘(A) a local educational agency to which a State edu-
cational agency makes a subgrant under this part;
‘‘(B) a public or nonprofit private agency with which
a State educational agency or the Secretary makes an
arrangement to carry out a project under this part; or
‘‘(C) a State educational agency, if the State edu-
cational agency operates the State’s migrant education pro-
gram or projects directly.
‘‘(2) MIGRATORY CHILD.—The term ‘migratory child’ means
a child who is, or whose parent or spouse is, a migratory
agricultural worker, including a migratory dairy worker, or
a migratory fisher, and who, in the preceding 36 months, in
order to obtain, or accompany such parent or spouse, in order
to obtain, temporary or seasonal employment in agricultural
or fishing work—
‘‘(A) has moved from one school district to another;
H. R. 1—156
‘‘(B) in a State that is comprised of a single school
district, has moved from one administrative area to another
within such district; or
‘‘(C) resides in a school district of more than 15,000
square miles, and migrates a distance of 20 miles or more
to a temporary residence to engage in a fishing activity.
‘‘PART D—PREVENTION AND INTERVENTION
PROGRAMS FOR CHILDREN AND YOUTH
WHO ARE NEGLECTED, DELINQUENT, OR AT-
RISK
‘‘SEC. 1401. PURPOSE AND PROGRAM AUTHORIZATION.
‘‘(a) PURPOSE.—It is the purpose of this part—
‘‘(1) to improve educational services for children and youth
in local and State institutions for neglected or delinquent chil-
dren and youth so that such children and youth have the
opportunity to meet the same challenging State academic con-
tent standards and challenging State student academic achieve-
ment standards that all children in the State are expected
to meet;
‘‘(2) to provide such children and youth with the services
needed to make a successful transition from institutionalization
to further schooling or employment; and
‘‘(3) to prevent at-risk youth from dropping out of school,
and to provide dropouts, and children and youth returning
from correctional facilities or institutions for neglected or delin-
quent children and youth, with a support system to ensure
their continued education.
‘‘(b) PROGRAM AUTHORIZED.—In order to carry out the purpose
of this part and from amounts appropriated under section 1002(d),
the Secretary shall make grants to State educational agencies to
enable such agencies to award subgrants to State agencies and
local educational agencies to establish or improve programs of edu-
cation for neglected, delinquent, or at-risk children and youth.
‘‘SEC. 1402. PAYMENTS FOR PROGRAMS UNDER THIS PART.
‘‘(a) AGENCY SUBGRANTS.—Based on the allocation amount com-
puted under section 1412, the Secretary shall allocate to each
State educational agency an amount necessary to make subgrants
to State agencies under subpart 1.
‘‘(b) LOCAL SUBGRANTS.—Each State shall retain, for the pur-
pose of carrying out subpart 2, funds generated throughout the
State under part A of this title based on children and youth residing
in local correctional facilities, or attending community day programs
for delinquent children and youth.
‘‘Subpart 1—State Agency Programs
‘‘SEC. 1411. ELIGIBILITY.
‘‘A State agency is eligible for assistance under this subpart
if such State agency is responsible for providing free public edu-
cation for children and youth—
‘‘(1) in institutions for neglected or delinquent children
and youth;
H. R. 1—157
‘‘(2) attending community day programs for neglected or
delinquent children and youth; or
‘‘(3) in adult correctional institutions.
‘‘SEC. 1412. ALLOCATION OF FUNDS.
‘‘(a) SUBGRANTS TO STATE AGENCIES.—
‘‘(1) IN GENERAL.—Each State agency described in section
1411 (other than an agency in the Commonwealth of Puerto
Rico) is eligible to receive a subgrant under this subpart, for
each fiscal year, in an amount equal to the product of—
‘‘(A) the number of neglected or delinquent children
and youth described in section 1411 who—
‘‘(i) are enrolled for at least 15 hours per week
in education programs in adult correctional institu-
tions; and
‘‘(ii) are enrolled for at least 20 hours per week—
‘‘(I) in education programs in institutions for
neglected or delinquent children and youth; or
‘‘(II) in community day programs for neglected
or delinquent children and youth; and
‘‘(B) 40 percent of the average per-pupil expenditure
in the State, except that the amount determined under
this subparagraph shall not be less than 32 percent, nor
more than 48 percent, of the average per-pupil expenditure
in the United States.
‘‘(2) SPECIAL RULE.—The number of neglected or delinquent
children and youth determined under paragraph (1) shall—
‘‘(A) be determined by the State agency by a deadline
set by the Secretary, except that no State agency shall
be required to determine the number of such children and
youth on a specific date set by the Secretary; and
‘‘(B) be adjusted, as the Secretary determines is appro-
priate, to reflect the relative length of such agency’s annual
programs.
‘‘(b) SUBGRANTS TO STATE AGENCIES IN PUERTO RICO.—
‘‘(1) IN GENERAL.—For each fiscal year, the amount of the
subgrant which a State agency in the Commonwealth of Puerto
Rico shall be eligible to receive under this subpart shall be
the amount determined by multiplying the number of children
counted under subsection (a)(1)(A) for the Commonwealth of
Puerto Rico by the product of—
‘‘(A) the percentage which the average per-pupil
expenditure in the Commonwealth of Puerto Rico is of
the lowest average per-pupil expenditure of any of the
50 States; and
‘‘(B) 32 percent of the average per-pupil expenditure
in the United States.
‘‘(2) MINIMUM PERCENTAGE.—The percentage in paragraph
(1)(A) shall not be less than—
‘‘(A) for fiscal year 2002, 77.5 percent;
‘‘(B) for fiscal year 2003, 80.0 percent;
‘‘(C) for fiscal year 2004, 82.5 percent; and
‘‘(D) for fiscal year 2005 and succeeding fiscal years,
85.0 percent.
‘‘(3) LIMITATION.—If the application of paragraph (2) would
result in any of the 50 States or the District of Columbia
receiving less under this subpart than it received under this
H. R. 1—158
subpart for the preceding fiscal year, then the percentage
described in paragraph (1)(A) that is used for the Common-
wealth of Puerto Rico for the fiscal year for which the deter-
mination is made shall be the greater of—
‘‘(A) the percentage in paragraph (1)(A) for such fiscal
year; or
‘‘(B) the percentage used for the preceding fiscal year.
‘‘(c) RATABLE REDUCTIONS IN CASE OF INSUFFICIENT APPROPRIA-
TIONS.—If the amount appropriated for any fiscal year for subgrants
under subsections (a) and (b) is insufficient to pay the full amount
for which all State agencies are eligible under such subsections,
the Secretary shall ratably reduce each such amount.
‘‘SEC. 1413. STATE REALLOCATION OF FUNDS.
‘‘If a State educational agency determines that a State agency
does not need the full amount of the subgrant for which such
State agency is eligible under this subpart for any fiscal year,
the State educational agency may reallocate the amount that will
not be needed to other eligible State agencies that need additional
funds to carry out the purpose of this part, in such amounts as
the State educational agency shall determine.
‘‘SEC. 1414. STATE PLAN AND STATE AGENCY APPLICATIONS.
‘‘(a) STATE PLAN.—
‘‘(1) IN
GENERAL.—Each State educational agency that
desires to receive a grant under this subpart shall submit,
for approval by the Secretary, a plan—
‘‘(A) for meeting the educational needs of neglected,
delinquent, and at-risk children and youth;
‘‘(B) for assisting in the transition of children and
youth from correctional facilities to locally operated pro-
grams; and
‘‘(C) that is integrated with other programs under this
Act or other Acts, as appropriate.
‘‘(2) CONTENTS.—Each such State plan shall—
‘‘(A) describe the program goals, objectives, and
performance measures established by the State that will
be used to assess the effectiveness of the program in
improving the academic, vocational, and technical skills
of children in the program;
‘‘(B) provide that, to the extent feasible, such children
will have the same opportunities to achieve as such children
would have if such children were in the schools of local
educational agencies in the State; and
‘‘(C) contain an assurance that the State educational
agency will—
‘‘(i) ensure that programs assisted under this sub-
part will be carried out in accordance with the State
plan described in this subsection;
‘‘(ii) carry out the evaluation requirements of sec-
tion 1431;
‘‘(iii) ensure that the State agencies receiving sub-
grants under this subpart comply with all applicable
statutory and regulatory requirements; and
‘‘(iv) provide such other information as the Sec-
retary may reasonably require.
‘‘(3) DURATION OF THE PLAN.—Each such State plan shall—
H. R. 1—159
‘‘(A) remain in effect for the duration of the State’s
participation under this part; and
‘‘(B) be periodically reviewed and revised by the State,
as necessary, to reflect changes in the State’s strategies
and programs under this part.
‘‘(b) SECRETARIAL APPROVAL AND PEER REVIEW.—
‘‘(1) SECRETARIAL APPROVAL.—The Secretary shall approve
each State plan that meets the requirements of this subpart.
‘‘(2) PEER REVIEW.—The Secretary may review any State
plan with the assistance and advice of individuals with relevant
expertise.
‘‘(c) STATE AGENCY APPLICATIONS.—Any State agency that
desires to receive funds to carry out a program under this subpart
shall submit an application to the State educational agency that—
‘‘(1) describes the procedures to be used, consistent with
the State plan under section 1111, to assess the educational
needs of the children to be served under this subpart;
‘‘(2) provide an assurance that in making services available
to children and youth in adult correctional institutions, priority
will be given to such children and youth who are likely to
complete incarceration within a 2-year period;
‘‘(3) describes the program, including a budget for the first
year of the program, with annual updates to be provided to
the State educational agency;
‘‘(4) describes how the program will meet the goals and
objectives of the State plan;
‘‘(5) describes how the State agency will consult with
experts and provide the necessary training for appropriate staff,
to ensure that the planning and operation of institution-wide
projects under section 1416 are of high quality;
‘‘(6) describes how the State agency will carry out the
evaluation requirements of section 9601 and how the results
of the most recent evaluation will be used to plan and improve
the program;
‘‘(7) includes data showing that the State agency has main-
tained the fiscal effort required of a local educational agency,
in accordance with section 9521;
‘‘(8) describes how the programs will be coordinated with
other appropriate State and Federal programs, such as pro-
grams under title I of Public Law 105–220, vocational and
technical education programs, State and local dropout preven-
tion programs, and special education programs;
‘‘(9) describes how the State agency will encourage correc-
tional facilities receiving funds under this subpart to coordinate
with local educational agencies or alternative education pro-
grams attended by incarcerated children and youth prior to
their incarceration to ensure that student assessments and
appropriate academic records are shared jointly between the
correctional facility and the local educational agency or alter-
native education program;
‘‘(10) describes how appropriate professional development
will be provided to teachers and other staff;
‘‘(11) designates an individual in each affected correctional
facility or institution for neglected or delinquent children and
youth to be responsible for issues relating to the transition
of children and youth from such facility or institution to locally
operated programs;
H. R. 1—160
‘‘(12) describes how the State agency will endeavor to
coordinate with businesses for training and mentoring for
participating children and youth;
‘‘(13) provides an assurance that the State agency will
assist in locating alternative programs through which students
can continue their education if the students are not returning
to school after leaving the correctional facility or institution
for neglected or delinquent children and youth;
‘‘(14) provides assurances that the State agency will work
with parents to secure parents’ assistance in improving the
educational achievement of their children and youth, and pre-
venting their children’s and youth’s further involvement in
delinquent activities;
‘‘(15) provides an assurance that the State agency will
work with children and youth with disabilities in order to
meet an existing individualized education program and an
assurance that the agency will notify the child’s or youth’s
local school if the child or youth—
‘‘(A) is identified as in need of special education services
while the child or youth is in the correctional facility or
institution for neglected or delinquent children and youth;
and
‘‘(B) intends to return to the local school;
‘‘(16) provides an assurance that the State agency will
work with children and youth who dropped out of school before
entering the correctional facility or institution for neglected
or delinquent children and youth to encourage the children
and youth to reenter school once the term of the incarceration
is completed or provide the child or youth with the skills
necessary to gain employment, continue the education of the
child or youth, or achieve a secondary school diploma or its
recognized equivalent if the child or youth does not intend
to return to school;
‘‘(17) provides an assurance that teachers and other quali-
fied staff are trained to work with children and youth with
disabilities and other students with special needs taking into
consideration the unique needs of such students;
‘‘(18) describes any additional services to be provided to
children and youth, such as career counseling, distance
learning, and assistance in securing student loans and grants;
and
‘‘(19) provides an assurance that the program under this
subpart will be coordinated with any programs operated under
the Juvenile Justice and Delinquency Prevention Act of 1974
(42 U.S.C. 5601 et seq.) or other comparable programs, if
applicable.
‘‘SEC. 1415. USE OF FUNDS.
‘‘(a) USES.—
‘‘(1) IN GENERAL.—A State agency shall use funds received
under this subpart only for programs and projects that—
‘‘(A) are consistent with the State plan under section
1414(a); and
‘‘(B) concentrate on providing participants with the
knowledge and skills needed to make a successful transition
to secondary school completion, vocational or technical
training, further education, or employment.
H. R. 1—161
‘‘(2) PROGRAMS
AND
PROJECTS.—Such programs and
projects—
‘‘(A) may include the acquisition of equipment;
‘‘(B) shall be designed to support educational services
that—
‘‘(i) except for institution-wide projects under sec-
tion 1416, are provided to children and youth identified
by the State agency as failing, or most at-risk of failing,
to meet the State’s challenging academic content stand-
ards and student academic achievement standards;
‘‘(ii) supplement and improve the quality of the
educational services provided to such children and
youth by the State agency; and
‘‘(iii) afford such children and youth an opportunity
to meet challenging State academic achievement stand-
ards;
‘‘(C) shall be carried out in a manner consistent with
section 1120A and part I (as applied to programs and
projects under this part); and
‘‘(D) may include the costs of meeting the evaluation
requirements of section 9601.
‘‘(b) SUPPLEMENT, NOT SUPPLANT.—A program under this sub-
part that supplements the number of hours of instruction students
receive from State and local sources shall be considered to comply
with the supplement, not supplant requirement of section 1120A
(as applied to this part) without regard to the subject areas in
which instruction is given during those hours.
‘‘SEC. 1416. INSTITUTION-WIDE PROJECTS.
‘‘A State agency that provides free public education for children
and youth in an institution for neglected or delinquent children
and youth (other than an adult correctional institution) or attending
a community-day program for such children and youth may use
funds received under this subpart to serve all children in, and
upgrade the entire educational effort of, that institution or program
if the State agency has developed, and the State educational agency
has approved, a comprehensive plan for that institution or program
that—
‘‘(1) provides for a comprehensive assessment of the edu-
cational needs of all children and youth in the institution
or program serving juveniles;
‘‘(2) provides for a comprehensive assessment of the edu-
cational needs of youth aged 20 and younger in adult facilities
who are expected to complete incarceration within a 2-year
period;
‘‘(3) describes the steps the State agency has taken, or
will take, to provide all children and youth under age 21
with the opportunity to meet challenging State academic con-
tent standards and student academic achievement standards
in order to improve the likelihood that the children and youth
will complete secondary school, attain a secondary diploma
or its recognized equivalent, or find employment after leaving
the institution;
‘‘(4) describes the instructional program, pupil services,
and procedures that will be used to meet the needs described
in paragraph (1), including, to the extent feasible, the provision
H. R. 1—162
of mentors for the children and youth described in paragraph
(1);
‘‘(5) specifically describes how such funds will be used;
‘‘(6) describes the measures and procedures that will be
used to assess student progress;
‘‘(7) describes how the agency has planned, and will imple-
ment and evaluate, the institution-wide or program-wide project
in consultation with personnel providing direct instructional
services and support services in institutions or community-
day programs for neglected or delinquent children and youth,
and with personnel from the State educational agency; and
‘‘(8) includes an assurance that the State agency has pro-
vided for appropriate training for teachers and other instruc-
tional and administrative personnel to enable such teachers
and personnel to carry out the project effectively.
‘‘SEC. 1417. THREE-YEAR PROGRAMS OR PROJECTS.
‘‘If a State agency operates a program or project under this
subpart in which individual children or youth are likely to partici-
pate for more than 1 year, the State educational agency may
approve the State agency’s application for a subgrant under this
subpart for a period of not more than 3 years.
‘‘SEC. 1418. TRANSITION SERVICES.
‘‘(a) TRANSITION SERVICES.—Each State agency shall reserve
not less than 15 percent and not more than 30 percent of the
amount such agency receives under this subpart for any fiscal
year to support—
‘‘(1) projects that facilitate the transition of children and
youth from State-operated institutions to schools served by
local educational agencies; or
‘‘(2) the successful reentry of youth offenders, who are
age 20 or younger and have received a secondary school diploma
or its recognized equivalent, into postsecondary education, or
vocational and technical training programs, through strategies
designed to expose the youth to, and prepare the youth for,
postsecondary education, or vocational and technical training
programs, such as—
‘‘(A) preplacement programs that allow adjudicated or
incarcerated youth to audit or attend courses on college,
university, or community college campuses, or through pro-
grams provided in institutional settings;
‘‘(B) worksite schools, in which institutions of higher
education and private or public employers partner to create
programs to help students make a successful transition
to postsecondary education and employment; and
‘‘(C) essential support services to ensure the success
of the youth, such as—
‘‘(i) personal, vocational and technical, and aca-
demic, counseling;
‘‘(ii) placement services designed to place the youth
in a university, college, or junior college program;
‘‘(iii) information concerning, and assistance in
obtaining, available student financial aid;
‘‘(iv) counseling services; and
‘‘(v) job placement services.
‘‘(b) CONDUCT OF PROJECTS.—A project supported under this
section may be conducted directly by the State agency, or through
H. R. 1—163
a contract or other arrangement with one or more local educational
agencies, other public agencies, or private nonprofit organizations.
‘‘(c) RULE
OF CONSTRUCTION.—Nothing in this section shall
be construed to prohibit a school that receives funds under sub-
section (a) from serving neglected and delinquent children and
youth simultaneously with students with similar educational needs,
in the same educational settings where appropriate.
‘‘SEC. 1419. EVALUATION; TECHNICAL ASSISTANCE; ANNUAL MODEL
PROGRAM.
‘‘The Secretary may reserve not more than 2.5 percent of the
amount made available to carry out this subpart for a fiscal year—
‘‘(1) to develop a uniform model to evaluate the effectiveness
of programs assisted under this subpart; and
‘‘(2) to provide technical assistance to and support the
capacity building of State agency programs assisted under this
subpart.
‘‘Subpart 2—Local Agency Programs
‘‘SEC. 1421. PURPOSE.
‘‘The purpose of this subpart is to support the operation of
local educational agency programs that involve collaboration with
locally operated correctional facilities—
‘‘(1) to carry out high quality education programs to prepare
children and youth for secondary school completion, training,
employment, or further education;
‘‘(2) to provide activities to facilitate the transition of such
children and youth from the correctional program to further
education or employment; and
‘‘(3) to operate programs in local schools for children and
youth returning from correctional facilities, and programs which
may serve at-risk children and youth.
‘‘SEC. 1422. PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGEN-
CIES.
‘‘(a) LOCAL SUBGRANTS.—With funds made available under sec-
tion 1402(b), the State educational agency shall award subgrants
to local educational agencies with high numbers or percentages
of children and youth residing in locally operated (including county
operated) correctional facilities for children and youth (including
facilities involved in community day programs).
‘‘(b) SPECIAL RULE.—A local educational agency that serves
a school operated by a correctional facility is not required to operate
a program of support for children and youth returning from such
school to a school that is not operated by a correctional agency
but served by such local educational agency, if more than 30 percent
of the children and youth attending the school operated by the
correctional facility will reside outside the boundaries served by
the local educational agency after leaving such facility.
‘‘(c) NOTIFICATION.—A State educational agency shall notify
local educational agencies within the State of the eligibility of
such agencies to receive a subgrant under this subpart.
‘‘(d) TRANSITIONAL AND ACADEMIC SERVICES.—Transitional and
supportive programs operated in local educational agencies under
this subpart shall be designed primarily to meet the transitional
and academic needs of students returning to local educational agen-
cies or alternative education programs from correctional facilities.
H. R. 1—164
Services to students at-risk of dropping out of school shall not
have a negative impact on meeting the transitional and academic
needs of the students returning from correctional facilities.
‘‘SEC. 1423. LOCAL EDUCATIONAL AGENCY APPLICATIONS.
‘‘Each local educational agency desiring assistance under this
subpart shall submit an application to the State educational agency
that contains such information as the State educational agency
may require. Each such application shall include—
‘‘(1) a description of the program to be assisted;
‘‘(2) a description of formal agreements, regarding the pro-
gram to be assisted, between—
‘‘(A) the local educational agency; and
‘‘(B) correctional facilities and alternative school pro-
grams serving children and youth involved with the juve-
nile justice system;
‘‘(3) as appropriate, a description of how participating
schools will coordinate with facilities working with delinquent
children and youth to ensure that such children and youth
are participating in an education program comparable to one
operating in the local school such youth would attend;
‘‘(4) a description of the program operated by participating
schools for children and youth returning from correctional facili-
ties and, as appropriate, the types of services that such schools
will provide such children and youth and other at-risk children
and youth;
‘‘(5) a description of the characteristics (including learning
difficulties, substance abuse problems, and other special needs)
of the children and youth who will be returning from correc-
tional facilities and, as appropriate, other at-risk children and
youth expected to be served by the program, and a description
of how the school will coordinate existing educational programs
to meet the unique educational needs of such children and
youth;
‘‘(6) as appropriate, a description of how schools will coordi-
nate with existing social, health, and other services to meet
the needs of students returning from correctional facilities,
at-risk children or youth, and other participating children or
youth, including prenatal health care and nutrition services
related to the health of the parent and the child or youth,
parenting and child development classes, child care, targeted
reentry and outreach programs, referrals to community
resources, and scheduling flexibility;
‘‘(7) as appropriate, a description of any partnerships with
local businesses to develop training, curriculum-based youth
entrepreneurship education, and mentoring services for partici-
pating students;
‘‘(8) as appropriate, a description of how the program will
involve parents in efforts to improve the educational achieve-
ment of their children, assist in dropout prevention activities,
and prevent the involvement of their children in delinquent
activities;
‘‘(9) a description of how the program under this subpart
will be coordinated with other Federal, State, and local pro-
grams, such as programs under title I of Public Law 105–
220 and vocational and technical education programs serving
at-risk children and youth;
H. R. 1—165
‘‘(10) a description of how the program will be coordinated
with programs operated under the Juvenile Justice and Delin-
quency Prevention Act of 1974 and other comparable programs,
if applicable;
‘‘(11) as appropriate, a description of how schools will work
with probation officers to assist in meeting the needs of children
and youth returning from correctional facilities;
‘‘(12) a description of the efforts participating schools will
make to ensure correctional facilities working with children
and youth are aware of a child’s or youth’s existing individual-
ized education program; and
‘‘(13) as appropriate, a description of the steps participating
schools will take to find alternative placements for children
and youth interested in continuing their education but unable
to participate in a regular public school program.
‘‘SEC. 1424. USES OF FUNDS.
‘‘Funds provided to local educational agencies under this sub-
part may be used, as appropriate, for—
‘‘(1) programs that serve children and youth returning to
local schools from correctional facilities, to assist in the transi-
tion of such children and youth to the school environment
and help them remain in school in order to complete their
education;
‘‘(2) dropout prevention programs which serve at-risk chil-
dren and youth, including pregnant and parenting teens, chil-
dren and youth who have come in contact with the juvenile
justice system, children and youth at least 1 year behind their
expected grade level, migrant youth, immigrant youth, students
with limited English proficiency, and gang members;
‘‘(3) the coordination of health and social services for such
individuals if there is a likelihood that the provision of such
services, including day care, drug and alcohol counseling, and
mental health services, will improve the likelihood such individ-
uals will complete their education;
‘‘(4) special programs to meet the unique academic needs
of participating children and youth, including vocational and
technical education, special education, career counseling, cur-
riculum-based youth entrepreneurship education, and assist-
ance in securing student loans or grants for postsecondary
education; and
‘‘(5) programs providing mentoring and peer mediation.
‘‘SEC. 1425. PROGRAM REQUIREMENTS FOR CORRECTIONAL FACILI-
TIES RECEIVING FUNDS UNDER THIS SECTION.
‘‘Each correctional facility entering into an agreement with
a local educational agency under section 1423(2) to provide services
to children and youth under this subpart shall—
‘‘(1) where feasible, ensure that educational programs in
the correctional facility are coordinated with the student’s home
school, particularly with respect to a student with an individual-
ized education program under part B of the Individuals with
Disabilities Education Act;
‘‘(2) if the child or youth is identified as in need of special
education services while in the correctional facility, notify the
local school of the child or youth of such need;
‘‘(3) where feasible, provide transition assistance to help
the child or youth stay in school, including coordination of
H. R. 1—166
services for the family, counseling, assistance in accessing drug
and alcohol abuse prevention programs, tutoring, and family
counseling;
‘‘(4) provide support programs that encourage children and
youth who have dropped out of school to reenter school once
their term at the correctional facility has been completed, or
provide such children and youth with the skills necessary to
gain employment or seek a secondary school diploma or its
recognized equivalent;
‘‘(5) work to ensure that the correctional facility is staffed
with teachers and other qualified staff who are trained to
work with children and youth with disabilities taking into
consideration the unique needs of such children and youth;
‘‘(6) ensure that educational programs in the correctional
facility are related to assisting students to meet high academic
achievement standards;
‘‘(7) to the extent possible, use technology to assist in
coordinating educational programs between the correctional
facility and the community school;
‘‘(8) where feasible, involve parents in efforts to improve
the educational achievement of their children and prevent the
further involvement of such children in delinquent activities;
‘‘(9) coordinate funds received under this subpart with other
local, State, and Federal funds available to provide services
to participating children and youth, such as funds made avail-
able under title I of Public Law 105–220, and vocational and
technical education funds;
‘‘(10) coordinate programs operated under this subpart with
activities funded under the Juvenile Justice and Delinquency
Prevention Act of 1974 and other comparable programs, if
applicable; and
‘‘(11) if appropriate, work with local businesses to develop
training, curriculum-based youth entrepreneurship education,
and mentoring programs for children and youth.
‘‘SEC. 1426. ACCOUNTABILITY.
‘‘The State educational agency may—
‘‘(1) reduce or terminate funding for projects under this
subpart if a local educational agency does not show progress
in reducing dropout rates for male students and for female
students over a 3-year period; and
‘‘(2) require correctional facilities or institutions for
neglected or delinquent children and youth to demonstrate,
after receiving assistance under this subpart for 3 years, that
there has been an increase in the number of children and
youth returning to school, obtaining a secondary school diploma
or its recognized equivalent, or obtaining employment after
such children and youth are released.
‘‘Subpart 3—General Provisions
‘‘SEC. 1431. PROGRAM EVALUATIONS.
‘‘(a) SCOPE OF EVALUATION.—Each State agency or local edu-
cational agency that conducts a program under subpart 1 or 2
shall evaluate the program, disaggregating data on participation
by gender, race, ethnicity, and age, not less than once every 3
H. R. 1—167
years, to determine the program’s impact on the ability of
participants—
‘‘(1) to maintain and improve educational achievement;
‘‘(2) to accrue school credits that meet State requirements
for grade promotion and secondary school graduation;
‘‘(3) to make the transition to a regular program or other
education program operated by a local educational agency;
‘‘(4) to complete secondary school (or secondary school
equivalency requirements) and obtain employment after leaving
the correctional facility or institution for neglected or delinquent
children and youth; and
‘‘(5) as appropriate, to participate in postsecondary edu-
cation and job training programs.
‘‘(b) EXCEPTION.—The disaggregation required under subsection
(a) shall not be required in a case in which the number of students
in a category is insufficient to yield statistically reliable information
or the results would reveal personally identifiable information about
an individual student.
‘‘(c) EVALUATION MEASURES.—In conducting each evaluation
under subsection (a), a State agency or local educational agency
shall use multiple and appropriate measures of student progress.
‘‘(d) EVALUATION RESULTS.—Each State agency and local edu-
cational agency shall—
‘‘(1) submit evaluation results to the State educational
agency and the Secretary; and
‘‘(2) use the results of evaluations under this section to
plan and improve subsequent programs for participating chil-
dren and youth.
‘‘SEC. 1432. DEFINITIONS.
‘‘In this part:
‘‘(1) ADULT CORRECTIONAL INSTITUTION.—The term ‘adult
correctional institution’ means a facility in which persons
(including persons under 21 years of age) are confined as a
result of a conviction for a criminal offense.
‘‘(2) AT-RISK.—The term ‘at-risk’, when used with respect
to a child, youth, or student, means a school aged individual
who is at-risk of academic failure, has a drug or alcohol
problem, is pregnant or is a parent, has come into contact
with the juvenile justice system in the past, is at least 1
year behind the expected grade level for the age of the indi-
vidual, has limited English proficiency, is a gang member,
has dropped out of school in the past, or has a high absenteeism
rate at school.
‘‘(3) COMMUNITY DAY PROGRAM.—The term ‘community day
program’ means a regular program of instruction provided by
a State agency at a community day school operated specifically
for neglected or delinquent children and youth.
‘‘(4) INSTITUTION FOR NEGLECTED OR DELINQUENT CHILDREN
AND YOUTH.—The term ‘institution for neglected or delinquent
children and youth’ means—
‘‘(A) a public or private residential facility, other than
a foster home, that is operated for the care of children
who have been committed to the institution or voluntarily
placed in the institution under applicable State law, due
to abandonment, neglect, or death of their parents or guard-
ians; or
H. R. 1—168
‘‘(B) a public or private residential facility for the care
of children who have been adjudicated to be delinquent
or in need of supervision.
‘‘PART E—NATIONAL ASSESSMENT OF TITLE I
‘‘SEC. 1501. EVALUATIONS.
‘‘(a) NATIONAL ASSESSMENT OF TITLE I.—
‘‘(1) IN GENERAL.—The Secretary shall conduct a national
assessment of the programs assisted under this title and the
impact of this title on States, local educational agencies, schools,
and students.
‘‘(2) ISSUES TO BE EXAMINED.—In conducting the assessment
under this subsection, the Secretary shall examine, at a min-
imum, the following:
‘‘(A) The implementation of programs assisted under
this title and the impact of such implementation on
increasing student academic achievement (particularly in
schools with high concentrations of children living in pov-
erty), relative to the goal of all students reaching the
proficient level of achievement based on State academic
assessments, challenging State academic content stand-
ards, and challenging State student academic achievement
standards under section 1111.
‘‘(B) The types of programs and services that have
demonstrated the greatest likelihood of helping students
reach the proficient and advanced levels of achievement
based on State student academic achievement standards
and State academic content standards.
‘‘(C) The implementation of State academic standards,
assessments, and accountability systems developed under
this title, including—
‘‘(i) the time and cost required for the development
of academic assessments for students in grades 3
through 8;
‘‘(ii) how well such State assessments meet the
requirements for assessments described in this title;
and
‘‘(iii) the impact of such standards, assessments,
and accountability systems on educational programs
and instruction at the local level.
‘‘(D) Each State’s definition of adequate yearly
progress, including—
‘‘(i) the impact of applying this definition to schools,
local educational agencies, and the State;
‘‘(ii) the number of schools and local educational
agencies not meeting this definition; and
‘‘(iii) the changes in the identification of schools
in need of improvement as a result of such definition.
‘‘(E) How schools, local educational agencies, and States
have—
‘‘(i) publicized and disseminated the local edu-
cational agency report cards required under section
1111(h)(2) to teachers, school staff, students, parents,
and the community;
‘‘(ii) used funds made available under this title
to provide preschool and family literacy services and
H. R. 1—169
the impact of these services on students’ school readi-
ness;
‘‘(iii) implemented the provisions of section 1118
and afforded parents meaningful opportunities to be
involved in the education of their children;
‘‘(iv) used Federal, State, and local educational
agency funds and resources to support schools and
provide technical assistance to improve the achieve-
ment of students in low-performing schools, including
the impact of the technical assistance on such achieve-
ment; and
‘‘(v) used State educational agency and local edu-
cational agency funds and resources to help schools
in which 50 percent or more of the students are from
families with incomes below the poverty line meet the
requirement described in section 1119 of having all
teachers highly qualified not later than the end of
the 2005–2006 school year.
‘‘(F) The implementation of schoolwide programs and
targeted assistance programs under this title and the
impact of such programs on improving student academic
achievement, including the extent to which schools meet
the requirements of such programs.
‘‘(G) The extent to which varying models of comprehen-
sive school reform are funded and implemented under this
title, and the effect of the implementation of such models
on improving achievement of disadvantaged students.
‘‘(H) The costs as compared to the benefits of the activi-
ties assisted under this title.
‘‘(I) The extent to which actions authorized under sec-
tion 1116 are implemented by State educational agencies
and local educational agencies to improve the academic
achievement of students in low-performing schools, and
the effectiveness of the implementation of such actions,
including the following:
‘‘(i) The number of schools identified for school
improvement and how many years the schools remain
in this status.
‘‘(ii) The types of support provided by the State
educational agencies and local educational agencies to
schools and local educational agencies respectively
identified as in need of improvement, and the impact
of such support on student achievement.
‘‘(iii) The number of parents who take advantage
of the public school choice provisions of this title, the
costs (including transportation costs) associated with
implementing these provisions, the implementation of
these provisions, and the impact of these provisions
(including the impact of attending another school) on
student achievement.
‘‘(iv) The number of parents who choose to take
advantage of the supplemental educational services
option, the criteria used by the States to determine
the quality of providers, the kinds of services that
are available and utilized, the costs associated with
implementing this option, and the impact of receiving
H. R. 1—170
supplemental educational services on student achieve-
ment.
‘‘(v) The implementation and impact of actions that
are taken with regard to schools and local educational
agencies identified for corrective action and restruc-
turing.
‘‘(J) The extent to which State and local fiscal
accounting requirements under this title affect the flexi-
bility of schoolwide programs.
‘‘(K) The implementation and impact of the professional
development activities assisted under this title and title
II on instruction, student academic achievement, and
teacher qualifications.
‘‘(L) The extent to which the assistance made available
under this title, including funds under section 1002, is
targeted to disadvantaged students, schools, and local edu-
cational agencies with the greatest need.
‘‘(M) The effectiveness of Federal administration assist-
ance made available under this title, including monitoring
and technical assistance.
‘‘(N) The academic achievement of the groups of stu-
dents described in section 1111(b)(2)(C)(v)(II).
‘‘(O) Such other issues as the Secretary considers
appropriate.
‘‘(3) SOURCES OF INFORMATION.—In conducting the assess-
ment under this subsection, the Secretary shall use information
from a variety of sources, including the National Assessment
of Educational Progress (carried out under section 411 of the
National Education Statistics Act of 1994), State evaluations,
and other research studies.
‘‘(4) COORDINATION.—In carrying out this subsection, the
Secretary shall—
‘‘(A) coordinate the national assessment under this sub-
section with the longitudinal study described in subsection
(c); and
‘‘(B) ensure that the independent review panel
described in subsection (d) participates in conducting the
national assessment under this subsection, including plan-
ning for and reviewing the assessment.
‘‘(5) DEVELOPMENTALLY APPROPRIATE MEASURES.—In con-
ducting the national assessment under this subsection, the
Secretary shall use developmentally appropriate measures to
assess student academic achievement.
‘‘(6) REPORTS.—
‘‘(A) INTERIM REPORT.—Not later than 3 years after
the date of enactment of the No Child Left Behind Act
of 2001, the Secretary shall transmit to the President,
the Committee on Education and the Workforce of the
House of Representatives, and the Committee on Health,
Education, Labor, and Pensions of the Senate an interim
report on the national assessment conducted under this
subsection.
‘‘(B) FINAL REPORT.—Not later than 5 years after the
date of enactment of the No Child Left Behind Act of
2001, the Secretary shall transmit to the President, the
Committee on Education and the Workforce of the House
H. R. 1—171
of Representatives, and the Committee on Health, Edu-
cation, Labor, and Pensions of the Senate a final report
on the national assessment conducted under this sub-
section.
‘‘(b) STUDIES AND DATA COLLECTION.—
‘‘(1) IN GENERAL.—In addition to other activities described
in this section, the Secretary may, directly or through awarding
grants to or entering into contracts with appropriate entities—
‘‘(A) assess the implementation and effectiveness of
programs under this title;
‘‘(B) collect the data necessary to comply with the
Government Performance and Results Act of 1993; and
‘‘(C) provide guidance and technical assistance to State
educational agencies and local educational agencies in
developing and maintaining management information sys-
tems through which such agencies may develop program
performance indicators to improve services and perform-
ance.
‘‘(2) MINIMUM
INFORMATION.—In carrying out this sub-
section, the Secretary shall collect, at a minimum, trend
information on the effect of each program authorized under
this title, which shall complement the data collected and
reported under subsections (a) and (c).
‘‘(c) NATIONAL LONGITUDINAL STUDY.—
‘‘(1) IN GENERAL.—The Secretary shall conduct a longitu-
dinal study of schools receiving assistance under part A.
‘‘(2) ISSUES TO BE EXAMINED.—In carrying out this sub-
section, the Secretary shall ensure that the study referred
to in paragraph (1) provides Congress and educators with each
of the following:
‘‘(A) An accurate description and analysis of the short-
and long-term effect of the assistance made available under
this title on academic achievement.
‘‘(B) Information that can be used to improve the
effectiveness of the assistance made available under this
title in enabling students to meet challenging academic
achievement standards.
‘‘(C) An analysis of educational practices or model pro-
grams that are effective in improving the achievement
of disadvantaged children.
‘‘(D) An analysis of the costs as compared to the bene-
fits of the assistance made available under this title in
improving the achievement of disadvantaged children.
‘‘(E) An analysis of the effects of the availability of
school choice options under section 1116 on the academic
achievement of disadvantaged students, on schools in school
improvement, and on schools from which students have
transferred under such options.
‘‘(F) Such other information as the Secretary considers
appropriate.
‘‘(3) SCOPE.—In conducting the study referred to in para-
graph (1), the Secretary shall ensure that the study—
‘‘(A) bases its analysis on a nationally representative
sample of schools participating in programs under this
title;
H. R. 1—172
‘‘(B) to the extent practicable, includes in its analysis
students who transfer to different schools during the course
of the study; and
‘‘(C) analyzes varying models or strategies for deliv-
ering school services, including—
‘‘(i) schoolwide and targeted services; and
‘‘(ii) comprehensive school reform models.
‘‘(d) INDEPENDENT REVIEW PANEL.—
‘‘(1) IN GENERAL.—The Secretary shall establish an inde-
pendent review panel (in this subsection referred to as the
‘Review Panel’) to advise the Secretary on methodological and
other issues that arise in carrying out subsections (a) and
(c).
‘‘(2) APPOINTMENT OF MEMBERS.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), the
Secretary shall appoint members of the Review Panel from
among qualified individuals who are—
‘‘(i) specialists in statistics, evaluation, research,
and assessment;
‘‘(ii) education practitioners, including teachers,
principals, and local and State superintendents;
‘‘(iii) parents and members of local school boards
or other organizations involved with the implementa-
tion and operation of programs under this title; and
‘‘(iv) other individuals with technical expertise who
will contribute to the overall rigor and quality of the
program evaluation.
‘‘(B) LIMITATIONS.—In appointing members of the
Review Panel, the Secretary shall ensure that—
‘‘(i) in order to ensure diversity, the Review Panel
includes individuals appointed under subparagraph
(A)(i) who represent disciplines or programs outside
the field of education; and
‘‘(ii) the total number of the individuals appointed
under subparagraph (A)(ii) or (A)(iv) does not exceed
one-fourth of the total number of the individuals
appointed under this paragraph.
‘‘(3) FUNCTIONS.—The Review Panel shall consult with and
advise the Secretary—
‘‘(A) to ensure that the assessment conducted under
subsection (a) and the study conducted under subsection
(c)—
‘‘(i) adhere to the highest possible standards of
quality with respect to research design, statistical anal-
ysis, and the dissemination of findings; and
‘‘(ii) use valid and reliable measures to document
program implementation and impacts; and
‘‘(B) to ensure—
‘‘(i) that the final report described in subsection
(a)(6)(B) is reviewed not later than 120 days after
its completion by not less than two independent experts
in program evaluation (who may be from among the
members of the Review Panel appointed under para-
graph (2));
‘‘(ii) that such experts evaluate and comment on
the degree to which the report complies with subsection
(a); and
H. R. 1—173
‘‘(iii) that the comments of such experts are trans-
mitted with the report under subsection (a)(6)(B).
‘‘SEC. 1502. DEMONSTRATIONS OF INNOVATIVE PRACTICES.
‘‘(a) IN GENERAL.—From the funds appropriated for any fiscal
year under section 1002(e)(1), the Secretary may award grants
to State educational agencies, local educational agencies, other
public agencies, nonprofit organizations, public or private partner-
ships involving business and industry organizations, and consortia
of such entities to carry out demonstration projects that show
the most promise of enabling children served under this title to
meet challenging State academic content standards and challenging
State student academic achievement standards.
‘‘(b) EVALUATION.—The Secretary shall evaluate the demonstra-
tion projects supported under this title, using rigorous methodo-
logical designs and techniques, including control groups and random
assignment, to the extent feasible, to produce reliable evidence
of effectiveness.
‘‘(c) PARTNERSHIPS.—From funds appropriated under section
1002(e)(1) for any fiscal year, the Secretary may, directly or through
grants or contracts, work in partnership with State educational
agencies, local educational agencies, other public agencies, and non-
profit organizations to disseminate and use the highest quality
research and knowledge about effective practices to improve the
quality of teaching and learning in schools assisted under this
title.
‘‘SEC. 1503. ASSESSMENT EVALUATION.
‘‘(a) IN GENERAL.—The Secretary shall conduct an independent
study of assessments used for State accountability purposes and
for making decisions about the promotion and graduation of stu-
dents. Such research shall be conducted over a period not to exceed
5 years and shall address the components described in subsection
(d).
‘‘(b) CONTRACT AUTHORIZED.—The Secretary is authorized to
award a contract, through a peer review process, to an organization
or entity capable of conducting rigorous, independent research. The
Assistant Secretary of Educational Research and Improvement shall
appoint peer reviewers to evaluate the applications for this contract.
‘‘(c) STUDY.—The study shall—
‘‘(1) synthesize and analyze existing research that meets
standards of quality and scientific rigor; and
‘‘(2) evaluate academic assessment and accountability sys-
tems in State educational agencies, local educational agencies,
and schools; and
‘‘(3) make recommendations to the Department and to the
Committee on Education and the Workforce of the United
States House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the United States Senate,
based on the findings of the study.
‘‘(d) COMPONENTS
OF
THE RESEARCH PROGRAM.—The study
described in subsection (a) shall examine—
‘‘(1) the effect of the assessment and accountability systems
described in section (c) on students, teachers, parents, families,
schools, school districts, and States, including correlations
between such systems and—
H. R. 1—174
‘‘(A) student academic achievement, progress to the
State-defined level of proficiency, and progress toward
closing achievement gaps, based on independent measures;
‘‘(B) changes in course offerings, teaching practices,
course content, and instructional material;
‘‘(C) changes in turnover rates among teachers, prin-
cipals, and pupil-services personnel;
‘‘(D) changes in dropout, grade-retention, and gradua-
tion rates for students; and
‘‘(E) such other effects as may be appropriate;
‘‘(2) the effect of the academic assessments on students
with disabilities;
‘‘(3) the effect of the academic assessments on low, middle,
and high socioeconomic status students, limited and nonlimited
English proficient students, racial and ethnic minority students,
and nonracial or nonethnic minority students;
‘‘(4) guidelines for assessing the validity, reliability, and
consistency of those systems using nationally recognized profes-
sional and technical standards;
‘‘(5) the relationship between accountability systems and
the inclusion or exclusion of students from the assessment
system; and
‘‘(6) such other factors as the Secretary finds appropriate.
‘‘(e) REPORTING.—Not later than 3 years after the contract
described in subsection (b) is awarded, the organization or entity
conducting the study shall submit an interim report to the Com-
mittee on Education and the Workforce of the United States House
of Representatives and the Committee on Health, Education, Labor
and Pensions of the United States Senate, and to the President
and the States, and shall make the report widely available to
the public. The organization or entity shall submit a final report
to the same recipients as soon as possible after the completion
of the study. Additional reports may be periodically prepared and
released as necessary.
‘‘(f) RESERVATION OF FUNDS.—The Secretary may reserve up
to 15 percent of the funds authorized to be appropriated for this
part to carry out the study, except such reservation of funds shall
not exceed $1,500,000.
‘‘SEC. 1504. CLOSE UP FELLOWSHIP PROGRAM.
‘‘(a) PROGRAM FOR MIDDLE SCHOOL AND SECONDARY SCHOOL
STUDENTS.—
‘‘(1) ESTABLISHMENT.—
‘‘(A) GENERAL
AUTHORITY.—In accordance with this
subsection, the Secretary may make grants to the Close
Up Foundation of Washington, District of Columbia, a non-
partisan, nonprofit foundation, for the purpose of assisting
the Close Up Foundation in carrying out its programs
of increasing civic responsibility and understanding of the
Federal Government among middle school and secondary
school students.
‘‘(B) USE
OF
FUNDS.—Grants under this subsection
shall be used only to provide financial assistance to
economically disadvantaged students who participate in
the programs described in subparagraph (A).
H. R. 1—175
‘‘(C) NAME
OF
FELLOWSHIPS.—Financial assistance
received by students pursuant to this subsection shall be
known as Close Up fellowships.
‘‘(2) APPLICATIONS.—
‘‘(A) APPLICATION REQUIRED.—No grant under this sub-
section may be made except upon an application at such
time, in such manner, and accompanied by such informa-
tion as the Secretary may reasonably require.
‘‘(B) CONTENTS OF APPLICATION.—Each application sub-
mitted under this paragraph shall contain assurances
that—
‘‘(i) Close Up fellowships provided under this sub-
section shall be made to economically disadvantaged
middle school and secondary school students;
‘‘(ii) every effort shall be made to ensure the
participation of students from rural, small town, and
urban areas;
‘‘(iii) in awarding the fellowships to economically
disadvantaged students, special consideration shall be
given to the participation of those students with special
educational needs, including students with disabilities,
ethnic minority students, and students with migrant
parents; and
‘‘(iv) the funds received under this subsection shall
be properly disbursed.
‘‘(b) PROGRAM FOR MIDDLE SCHOOL AND SECONDARY SCHOOL
TEACHERS.—
‘‘(1) ESTABLISHMENT.—
‘‘(A) GENERAL
AUTHORITY.—In accordance with this
subsection, the Secretary may make grants to the Close
Up Foundation of Washington, District of Columbia, a non-
partisan, nonprofit foundation, for the purpose of assisting
the Close Up Foundation in carrying out its programs
of professional development for middle school and sec-
ondary school teachers and its programs to increase civic
responsibility and understanding of the Federal Govern-
ment among the teachers’ students.
‘‘(B) USE
OF
FUNDS.—Grants under this subsection
shall be used only to provide financial assistance to
teachers who participate in the programs described in
subparagraph (A).
‘‘(C) NAME
OF
FELLOWSHIPS.—Financial assistance
received by teachers pursuant to this subsection shall be
known as Close Up fellowships.
‘‘(2) APPLICATIONS.—
‘‘(A) APPLICATION REQUIRED.—No grant under this sub-
section may be made except upon an application at such
time, in such manner, and accompanied by such informa-
tion as the Secretary may reasonably require.
‘‘(B) CONTENTS OF APPLICATION.—Each application sub-
mitted under this paragraph shall contain assurances
that—
‘‘(i) Close Up fellowships provided under this sub-
section shall be made only to a teacher who has worked
with at least one student from such teacher’s school
who participates in a program described in subsection
(a)(1)(A);
H. R. 1—176
‘‘(ii) no teacher shall receive more than one such
fellowship in any fiscal year; and
‘‘(iii) the funds received under this subsection shall
be properly disbursed.
‘‘(c) PROGRAMS FOR NEW AMERICANS.—
‘‘(1) ESTABLISHMENT.—
‘‘(A) GENERAL
AUTHORITY.—In accordance with this
subsection, the Secretary may make grants to the Close
Up Foundation of Washington, District of Columbia, a non-
partisan, nonprofit foundation, for the purpose of assisting
the Close Up Foundation in carrying out its programs
of increasing civic responsibility and understanding of the
Federal Government among economically disadvantaged
middle school and secondary school recent immigrant stu-
dents.
‘‘(B) DEFINITION.—In this subsection, the term ‘recent
immigrant student’ means a student who is a member
of a family that immigrated to the United States within
5 years of the student’s participation in such a program.
‘‘(C) USE
OF
FUNDS.—Grants under this subsection
shall be used only to provide financial assistance to
economically disadvantaged recent immigrant students and
their teachers who participate in the programs described
in subparagraph (A).
‘‘(D) NAME
OF
FELLOWSHIPS.—Financial assistance
received by students and teachers pursuant to this sub-
section shall be known as Close Up Fellowships for New
Americans.
‘‘(2) APPLICATIONS.—
‘‘(A) APPLICATION REQUIRED.—No grant under this sub-
section may be made except upon an application at such
time, in such manner, and accompanied by such informa-
tion as the Secretary may reasonably require.
‘‘(B) CONTENTS OF APPLICATION.—Each application sub-
mitted under this paragraph shall contain assurances
that—
‘‘(i) Close Up Fellowships for New Americans shall
be made to economically disadvantaged middle school
and secondary school recent immigrant students;
‘‘(ii) every effort shall be made to ensure the
participation of recent immigrant students from rural,
small town, and urban areas;
‘‘(iii) in awarding the fellowships to economically
disadvantaged recent immigrant students, special
consideration shall be given to the participation of
those 
students 
with 
special 
educational 
needs,
including students with disabilities, students with
migrant parents, and ethnic minority students;
‘‘(iv) fully describe the activities to be carried out
with the proceeds of the grant made under paragraph
(1); and
‘‘(v) the funds received under this subsection shall
be properly disbursed.
‘‘(d) GENERAL PROVISIONS.—
‘‘(1) ADMINISTRATIVE PROVISIONS.—
H. R. 1—177
‘‘(A) ACCOUNTABILITY.—In consultation with the Sec-
retary, the Close Up Foundation shall devise and imple-
ment procedures to measure the efficacy of the programs
authorized in subsections (a), (b), and (c) in attaining objec-
tives that include the following:
‘‘(i) Providing young people with an increased
understanding of the Federal Government.
‘‘(ii) Heightening a sense of civic responsibility
among young people.
‘‘(iii) Enhancing the skills of educators in teaching
young people about civic responsibility, the Federal
Government, and attaining citizenship competencies.
‘‘(B) GENERAL RULE.—Payments under this section may
be made in installments, in advance, or by way of
reimbursement, with necessary adjustments on account of
underpayments or overpayments.
‘‘(C) AUDIT
RULE.—The Comptroller General of the
United States or any of the Comptroller General’s duly
authorized representatives shall have access for the pur-
pose of audit and examination to any books, documents,
papers, and records that are pertinent to any grant under
this section.
‘‘(2) CONTINUATION
OF
AWARDS.—Notwithstanding any
other provision of this Act, any person or entity that was
awarded a grant under part G of title X before the date of
enactment of the No Child Left Behind Act of 2001 shall con-
tinue to receive funds in accordance with the terms of such
award until the date on which the award period terminates
under such terms.
‘‘PART F—COMPREHENSIVE SCHOOL REFORM
‘‘SEC. 1601. PURPOSE.
‘‘The purpose of this part is to provide financial incentives
for schools to develop comprehensive school reforms, based upon
scientifically based research and effective practices that include
an emphasis on basic academics and parental involvement so that
all children can meet challenging State academic content and aca-
demic achievement standards.
‘‘SEC. 1602. PROGRAM AUTHORIZATION.
‘‘(a) PROGRAM AUTHORIZED.—
‘‘(1) IN GENERAL.—The Secretary is authorized to award
grants to State educational agencies, from allotments under
paragraph (2), to enable the State educational agencies to award
subgrants to local educational agencies to carry out the purpose
described in section 1601.
‘‘(2) ALLOTMENTS.—
‘‘(A) RESERVATIONS.—Of the amount appropriated
under section 1002(f), the Secretary may reserve—
‘‘(i) not more than 1 percent for each fiscal year
to provide assistance to schools supported by the
Bureau of Indian Affairs and in the United States
Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands
according to their respective needs for assistance under
this part;
H. R. 1—178
‘‘(ii) not more than 1 percent for each fiscal year
to conduct national evaluation activities described in
section 1607; and
‘‘(iii) not more than 3 percent of the amount appro-
priated in fiscal year 2002 to carry out this part, for
quality initiatives described in section 1608.
‘‘(B) IN GENERAL.—Of the amount appropriated under
section 1002(f) that remains after making the reservation
under subparagraph (A) for a fiscal year, the Secretary
shall allot to each State for the fiscal year an amount
that bears the same ratio to the remainder for that fiscal
year as the amount made available under section 1124
to the State for the preceding fiscal year bears to the
total amount made available under section 1124 to all
States for that year.
‘‘(C) REALLOTMENT.—If a State does not apply for funds
under this section, the Secretary shall reallot such funds
to other States that do apply in proportion to the amount
allotted to such other States under subparagraph (B).
‘‘SEC. 1603. STATE APPLICATIONS.
‘‘(a) IN GENERAL.—Each State educational agency that desires
to receive a grant under this part 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 such application shall describe—
‘‘(1) the process and selection criteria by which the State
educational agency, using expert review, will select local edu-
cational agencies to receive subgrants under this part;
‘‘(2) how the State educational agency will ensure that
funds under this part are limited to comprehensive school
reform programs that—
‘‘(A) include each of the components described in section
1606(a);
‘‘(B) have the capacity to improve the academic achieve-
ment of all students in core academic subjects within
participating schools; and
‘‘(C) are supported by technical assistance providers
that have a successful track record, financial stability, and
the capacity to deliver high quality materials, professional
development for school personnel, and on-site support
during the full implementation period of the reforms;
‘‘(3) how the State educational agency will disseminate
materials and information on comprehensive school reforms
that are based on scientifically based research and effective
practices;
‘‘(4) how the State educational agency will evaluate
annually the implementation of such reforms and measure
the extent to which the reforms have resulted in increased
student academic achievement; and
‘‘(5) how the State educational agency will provide technical
assistance to the local educational agency or consortia of local
educational agencies, and to participating schools, in evalu-
ating, developing, and implementing comprehensive school
reform.
H. R. 1—179
‘‘SEC. 1604. STATE USE OF FUNDS.
‘‘(a) IN GENERAL.—Except as provided in subsection (e), a State
educational agency that receives a grant under this part shall
use the grant funds to award subgrants, on a competitive basis,
to local educational agencies or consortia of local educational agen-
cies in the State that receive funds under part A, to support com-
prehensive school reforms in schools that are eligible for funds
under part A.
‘‘(b) SUBGRANT REQUIREMENTS.—A subgrant to a local edu-
cational agency or consortium shall be—
‘‘(1) of sufficient size and scope to support the initial costs
of comprehensive school reforms selected or designed by each
school identified in the application of the local educational
agency or consortium;
‘‘(2) in an amount not less than $50,000—
‘‘(A) for each participating school; or
‘‘(B) for each participating consortium of small schools
(which for purposes of this subparagraph means a consor-
tium of small schools serving a total of not more than
500 students); and
‘‘(3) renewable for two additional 1-year subgrant periods
after the initial 1-year subgrant is made if the school is or
the schools are making substantial progress in the implementa-
tion of reforms.
‘‘(c) PRIORITY.—A State educational agency, in awarding sub-
grants under this part, shall give priority to local educational agen-
cies or consortia that—
‘‘(1) plan to use the funds in schools identified as being
in need of improvement or corrective action under section
1116(c); and
‘‘(2) demonstrate a commitment to assist schools with
budget allocation, professional development, and other strate-
gies necessary to ensure the comprehensive school reforms are
properly implemented and are sustained in the future.
‘‘(d) GRANT CONSIDERATION.—In awarding subgrants under this
part, the State educational agency shall take into consideration
the equitable distribution of subgrants to different geographic
regions within the State, including urban and rural areas, and
to schools serving elementary and secondary students.
‘‘(e) ADMINISTRATIVE COSTS.—A State educational agency that
receives a grant under this part may reserve not more than 5
percent of the grant funds for administrative, evaluation, and tech-
nical assistance expenses.
‘‘(f) SUPPLEMENT.—Funds made available under this part shall
be used to supplement, and not supplant, any other Federal, State,
or local funds that would otherwise be available to carry out the
activities assisted under this part.
‘‘(g) REPORTING.—Each State educational agency that receives
a grant under this part shall provide to the Secretary such informa-
tion as the Secretary may require, including the names of local
educational agencies and schools receiving assistance under this
part, the amount of the assistance, a description of the comprehen-
sive school reforms selected and used, and a copy of the State’s
annual evaluation of the implementation of comprehensive school
reforms supported under this part and the student achievement
results.
H. R. 1—180
‘‘SEC. 1605. LOCAL APPLICATIONS.
‘‘(a) IN GENERAL.—Each local educational agency or consortium
of local educational agencies desiring a subgrant under this part
shall submit an application to the State educational agency at
such time, in such manner, and containing such information as
the State educational agency may reasonably require.
‘‘(b) CONTENTS.—Each such application shall—
‘‘(1) identify the schools that are eligible for assistance
under part A and plan to implement a comprehensive school
reform program, including the projected costs of such a pro-
gram;
‘‘(2) describe the comprehensive school reforms based on
scientifically based research and effective practices that such
schools will implement;
‘‘(3) describe how the local educational agency or consortium
will provide technical assistance and support for the effective
implementation of the comprehensive school reforms based on
scientifically based research and effective practices selected
by such schools; and
‘‘(4) describe how the local educational agency or consortium
will evaluate the implementation of such comprehensive school
reforms and measure the results achieved in improving student
academic achievement.
‘‘SEC. 1606. LOCAL USE OF FUNDS.
‘‘(a) USES OF FUNDS.—A local educational agency or consortium
that receives a subgrant under this part shall provide the subgrant
funds to schools that are eligible for assistance under part A and
served by the agency, to enable the schools to implement a com-
prehensive school reform program that—
‘‘(1) employs proven strategies and proven methods for
student learning, teaching, and school management that are
based on scientifically based research and effective practices
and have been replicated successfully in schools;
‘‘(2) integrates a comprehensive design for effective school
functioning, 
including 
instruction, 
assessment, 
classroom
management, professional development, parental involvement,
and school management, that aligns the school’s curriculum,
technology, and professional development into a comprehensive
school reform plan for schoolwide change designed to enable
all students to meet challenging State content and student
academic achievement standards and addresses needs identified
through a school needs assessment;
‘‘(3) provides high quality and continuous teacher and staff
professional development;
‘‘(4) includes measurable goals for student academic
achievement and benchmarks for meeting such goals;
‘‘(5) is supported by teachers, principals, administrators,
school personnel staff, and other professional staff;
‘‘(6) provides support for teachers, principals, administra-
tors, and other school staff;
‘‘(7) provides for the meaningful involvement of parents
and the local community in planning, implementing, and evalu-
ating school improvement activities consistent with section
1118;
‘‘(8) uses high quality external technical support and assist-
ance from an entity that has experience and expertise in
H. R. 1—181
schoolwide reform and improvement, which may include an
institution of higher education;
‘‘(9) includes a plan for the annual evaluation of the
implementation of school reforms and the student results
achieved;
‘‘(10) identifies other resources, including Federal, State,
local, and private resources, that shall be used to coordinate
services that will support and sustain the comprehensive school
reform effort; and
‘‘(11)(A) has been found, through scientifically based
research to significantly improve the academic achievement
of students participating in such program as compared to stu-
dents in schools who have not participated in such program;
or
‘‘(B) has been found to have strong evidence that such
program will significantly improve the academic achievement
of participating children.
‘‘(b) SPECIAL RULE.—A school that receives funds to develop
a comprehensive school reform program shall not be limited to
using nationally available approaches, but may develop the school’s
own comprehensive school reform program for schoolwide change
as described in subsection (a).
‘‘SEC. 1607. EVALUATION AND REPORTS.
‘‘(a) IN GENERAL.—The Secretary shall develop a plan for a
national evaluation of the programs assisted under this part.
‘‘(b) EVALUATION.—The national evaluation shall—
‘‘(1) evaluate the implementation and results achieved by
schools after 3 years of implementing comprehensive school
reforms; and
‘‘(2) assess the effectiveness of comprehensive school
reforms in schools with diverse characteristics.
‘‘(c) REPORTS.—The Secretary shall submit a report describing
the results of the evaluation under subsection (b) for the Com-
prehensive School Reform Program to the Committee on Education
and the Workforce, and the Committee on Appropriations of the
House of Representatives, and the Committee on Health, Education,
Labor, and Pensions, and the Committee on Appropriations of the
Senate.
‘‘SEC. 1608. QUALITY INITIATIVES.
‘‘The Secretary, through grants or contracts, shall provide funds
for—
‘‘(1) a public-private effort, in which funds are matched
by private organizations, to assist States, local educational
agencies, and schools, in making informed decisions regarding
approving or selecting providers of comprehensive school
reform, consistent with the requirements described in section
1606(a); and
‘‘(2) activities to foster the development of comprehensive
school reform models and to provide effective capacity building
for comprehensive school reform providers to expand their work
in more schools, assure quality, and promote financial stability.
H. R. 1—182
‘‘PART G—ADVANCED PLACEMENT PROGRAMS
‘‘SEC. 1701. SHORT TITLE.
‘‘This part may be cited as the ‘Access to High Standards
Act’.
‘‘SEC. 1702. PURPOSES.
The purposes of this part are—
‘‘(1) to support State and local efforts to raise academic
standards through advanced placement programs, and thus
further increase the number of students who participate and
succeed in advanced placement programs;
‘‘(2) to encourage more of the 600,000 students who take
advanced placement courses each year but do not take advanced
placement exams each year, to demonstrate their achievements
through taking the exams;
‘‘(3) to build on the many benefits of advanced placement
programs for students, which benefits may include the acquisi-
tion of skills that are important to many employers, Scholastic
Aptitude Test (SAT) scores that are 100 points above the
national averages, and the achievement of better grades in
secondary school and in college than the grades of students
who have not participated in the programs;
‘‘(4) to increase the availability and broaden the range
of schools, including middle schools, that have advanced place-
ment and pre-advanced placement programs;
‘‘(5) to demonstrate that larger and more diverse groups
of students can participate and succeed in advanced placement
programs;
‘‘(6) to provide greater access to advanced placement and
pre-advanced placement courses and highly trained teachers
for low-income and other disadvantaged students;
‘‘(7) to provide access to advanced placement courses for
secondary school students at schools that do not offer advanced
placement programs, increase the rate at which secondary
school students participate in advanced placement courses, and
increase the numbers of students who receive advanced place-
ment test scores for which college academic credit is awarded;
‘‘(8) to increase the participation of low-income individuals
in taking advanced placement tests through the payment or
partial payment of the costs of the advanced placement test
fees; and
‘‘(9) to increase the number of individuals that achieve
a baccalaureate or advanced degree, and to decrease the amount
of time such individuals require to attain such degrees.
‘‘SEC. 1703. FUNDING DISTRIBUTION RULE.
‘‘From amounts appropriated under section 1002(g) for a fiscal
year, the Secretary shall give priority to funding activities under
section 1704 and shall distribute any remaining funds under section
1705.
‘‘SEC. 1704. ADVANCED PLACEMENT TEST FEE PROGRAM.
‘‘(a) GRANTS
AUTHORIZED.—From amounts made available
under section 1703 for a fiscal year, the Secretary shall award
grants to State educational agencies having applications approved
under this section to enable the State educational agencies to
H. R. 1—183
reimburse low-income individuals to cover part or all of the costs
of advanced placement test fees, if the low-income individuals—
‘‘(1) are enrolled in an advanced placement course; and
‘‘(2) plan to take an advanced placement test.
‘‘(b) AWARD BASIS.—In determining the amount of the grant
awarded to a State educational agency under this section for a
fiscal year, the Secretary shall consider the number of children
eligible to be counted under section 1124(c) in the State in relation
to the number of such children so counted in all the States.
‘‘(c) INFORMATION DISSEMINATION.—A State educational agency
awarded a grant under this section shall disseminate information
regarding the availability of advanced placement test fee payments
under this section to eligible individuals through secondary school
teachers and guidance counselors.
‘‘(d) APPLICATIONS.—Each State educational agency desiring to
receive a grant under this section shall submit an application
to the Secretary at such time, in such manner, and accompanied
by such information as the Secretary may require. At a minimum,
each State educational agency application shall—
‘‘(1) describe the advanced placement test fees the State
educational agency will pay on behalf of low-income individuals
in the State from grant funds awarded under this section;
‘‘(2) provide an assurance that any grant funds awarded
under this section shall be used only to pay for advanced
placement test fees; and
‘‘(3) contain such information as the Secretary may require
to demonstrate that the State educational agency will ensure
that a student is eligible for payments authorized under this
section, including documentation required under chapter 1 of
subpart 2 of part A of title IV of the Higher Education Act
of 1965.
‘‘(e) REGULATIONS.—The Secretary shall prescribe such regula-
tions as are necessary to carry out this section.
‘‘(f) REPORT.—
‘‘(1) IN GENERAL.—Each State educational agency awarded
a grant under this section shall, with respect to each advanced
placement subject, annually report to the Secretary on—
‘‘(A) the number of students in the State who are
taking an advanced placement course in that subject;
‘‘(B) the number of advanced placement tests taken
by students in the State who have taken an advanced
placement course in that subject;
‘‘(C) the number of students in the State scoring at
different levels on advanced placement tests in that subject;
and
‘‘(D) demographic information regarding individuals in
the State taking advanced placement courses and tests
in that subject disaggregated by race, ethnicity, sex,
English proficiency status, and socioeconomic status.
‘‘(2) REPORT TO CONGRESS.—The Secretary shall annually
compile the information received from each State educational
agency under paragraph (1) and report to the appropriate
committees of Congress regarding the information.
‘‘(g) BIA AS SEA.—For purposes of this section the Bureau
of Indian Affairs shall be treated as a State educational agency.
H. R. 1—184
‘‘SEC. 1705. ADVANCED PLACEMENT INCENTIVE PROGRAM GRANTS.
‘‘(a) GRANTS AUTHORIZED.—
‘‘(1) IN GENERAL.—From amounts made available under
section 1703 for a fiscal year, the Secretary shall award grants,
on a competitive basis, to eligible entities to enable those enti-
ties to carry out the authorized activities described in subsection
(d).
‘‘(2) DURATION AND PAYMENTS.—
‘‘(A) DURATION.—The Secretary shall award a grant
under this section for a period of not more than 3 years.
‘‘(B) PAYMENTS.—The Secretary shall make grant pay-
ments under this section on an annual basis.
‘‘(3) DEFINITION OF ELIGIBLE ENTITY.—In this section, the
term ‘eligible entity’ means a State educational agency, local
educational agency, or national nonprofit educational entity
with expertise in advanced placement services.
‘‘(b) APPLICATION.—Each eligible entity desiring a grant under
this section shall submit an application to the Secretary at such
time, in such manner, and accompanied by such information as
the Secretary may require.
‘‘(c) PRIORITY.—In awarding grants under this section, the Sec-
retary shall give priority to an eligible entity that submits an
application under subsection (b) that—
‘‘(1) demonstrates a pervasive need for access to advanced
placement incentive programs;
‘‘(2) provides for the involvement of business and commu-
nity organizations in the activities to be assisted;
‘‘(3) assures the availability of matching funds from State,
local, or other sources to pay for the cost of activities to be
assisted;
‘‘(4) demonstrates a focus on developing or expanding
advanced placement programs and participation in the core
academic areas of English, mathematics, and science;
‘‘(5) demonstrates an intent to carry out activities that
target—
‘‘(A) local educational agencies serving schools with
a high concentration of low-income students; or
‘‘(B) schools with a high concentration of low-income
students; and
‘‘(6) in the case of a local educational agency, assures
that the local educational agency serves schools with a high
concentration of low-income students; or
‘‘(7) demonstrates an intent to carry out activities to
increase the availability of, and participation in, on-line
advanced placement courses.
‘‘(d) AUTHORIZED ACTIVITIES.—
‘‘(1) IN
GENERAL.—Subject to paragraph (2), an eligible
entity shall use grant funds made available under this section
to expand access for low-income individuals to advanced place-
ment incentive programs that involve—
‘‘(A) teacher training;
‘‘(B) pre-advanced placement course development;
‘‘(C) coordination and articulation between grade levels
to prepare students for academic achievement in advanced
placement courses;
‘‘(D) books and supplies; or
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‘‘(E) activities to increase the availability of, and
participation in, on-line advanced placement courses; or
‘‘(F) any other activity directly related to expanding
access to and participation in advanced placement incentive
programs, particularly for low-income individuals.
‘‘(2) STATE EDUCATIONAL AGENCY.—In the case of an eligible
entity that is a State educational agency, the entity may use
grant funds made available under this section to award sub-
grants to local educational agencies to enable the local edu-
cational agencies to carry out the activities under paragraph
(1).
‘‘(e) CONTRACTS.—An eligible entity awarded a grant to provide
online advanced placement courses under this part may enter into
a contract with a nonprofit or for profit organization to provide
the online advanced placement courses, including contracting for
necessary support services.
‘‘(f) DATA COLLECTION AND REPORTING.—
‘‘(1) DATA
COLLECTION.—Each eligible entity awarded a
grant under this section shall, with respect to each advanced
placement subject, annually report to the Secretary on—
‘‘(A) the number of students served by the eligible
entity who are taking an advanced placement course in
that subject;
‘‘(B) the number of advanced placement tests taken
by students served by the eligible entity in that subject;
‘‘(C) the number of students served by the eligible
entity scoring at different levels on advanced placement
tests in that subject; and
‘‘(D) demographic information regarding individuals
served by such agency who taking advanced placement
courses and tests in that subject disaggregated by race,
ethnicity, sex, English proficiency status, and socioeconomic
status.
‘‘(2) REPORT.—The Secretary shall annually compile the
information received from each eligible entity under paragraph
(1) and report to the appropriate committees of Congress
regarding the information.
‘‘SEC. 1706. SUPPLEMENT, NOT SUPPLANT.
Grant funds provided under this part shall supplement, and
not supplant, other non-Federal funds that are available to assist
low-income individuals to pay for the cost of advanced placement
test fees or to expand access to advanced placement and pre-
advanced placement courses.
‘‘SEC. 1707. DEFINITIONS.
‘‘In this part:
‘‘(1) ADVANCED
PLACEMENT
TEST.—The term ‘advanced
placement test’ means an advanced placement test adminis-
tered by the College Board or approved by the Secretary.
‘‘(2) HIGH CONCENTRATION OF LOW-INCOME STUDENTS.—The
term ‘high concentration of low-income students’, used with
respect to a school, means a school that serves a student
population 40 percent or more of whom are low-income individ-
uals.
‘‘(3) LOW-INCOME INDIVIDUAL.—The term ‘low-income indi-
vidual’ means an individual who is determined by a State
educational agency or local educational agency to be a child,
H. R. 1—186
ages 5 through 17, from a low-income family, on the basis
of data used by the Secretary to determine allocations under
section 1124 of this Act, data on children eligible for free
or reduced-price lunches under the National School Lunch Act,
data on children in families receiving assistance under part
A of title IV of the Social Security Act, or data on children
eligible to receive medical assistance under the medicaid pro-
gram under title XIX of the Social Security Act, or through
an alternate method that combines or extrapolates from those
data.
‘‘PART H—SCHOOL DROPOUT PREVENTION
‘‘SEC. 1801. SHORT TITLE.
‘‘This part may be cited as the ‘Dropout Prevention Act’.
‘‘SEC. 1802. PURPOSE.
‘‘The purpose of this part is to provide for school dropout
prevention and reentry and to raise academic achievement levels
by providing grants that—
‘‘(1) challenge all children to attain their highest academic
potential; and
‘‘(2) ensure that all students have substantial and ongoing
opportunities to attain their highest academic potential through
schoolwide programs proven effective in school dropout preven-
tion and reentry.
‘‘SEC. 1803. AUTHORIZATION OF APPROPRIATIONS.
‘‘For the purpose of carrying out this part, there are authorized
to be appropriated $125,000,000 for fiscal year 2002 and such
sums as may be necessary for each of the 5 succeeding fiscal
years, of which—
‘‘(1) 10 percent shall be available to carry out subpart
1 for each fiscal year; and
‘‘(2) 90 percent shall be available to carry out subpart
2 for each fiscal year.
‘‘Subpart 1—Coordinated National Strategy
‘‘SEC. 1811. NATIONAL ACTIVITIES.
‘‘(a) IN GENERAL.—The Secretary is authorized—
‘‘(1) to collect systematic data on the effectiveness of the
programs assisted under this part in reducing school dropout
rates and increasing school reentry and secondary school
graduation rates;
‘‘(2) to establish a national clearinghouse of information
on effective school dropout prevention and reentry programs
that shall disseminate to State educational agencies, local edu-
cational agencies, and schools—
‘‘(A) the results of research on school dropout preven-
tion and reentry; and
‘‘(B) information on effective programs, best practices,
and Federal resources to—
‘‘(i) reduce annual school dropout rates;
‘‘(ii) increase school reentry; and
‘‘(iii) increase secondary school graduation rates;
H. R. 1—187
‘‘(3) to provide technical assistance to State educational
agencies, local educational agencies, and schools in designing
and implementing programs and securing resources to imple-
ment effective school dropout prevention and reentry programs;
‘‘(4) to establish and consult with an interagency working
group that shall—
‘‘(A) address inter- and intra-agency program coordina-
tion issues at the Federal level with respect to school
dropout prevention and reentry, and assess the targeting
of existing Federal services to students who are most at
risk of dropping out of school, and the cost-effectiveness
of various programs and approaches used to address school
dropout prevention and reentry;
‘‘(B) describe the ways in which State educational agen-
cies and local educational agencies can implement effective
school dropout prevention and reentry programs using
funds from a variety of Federal programs, including the
programs under this part; and
‘‘(C) examine Federal programs that may have a posi-
tive impact on secondary school graduation or school
reentry;
‘‘(5) to carry out a national recognition program in accord-
ance with subsection (b) that recognizes schools that have made
extraordinary progress in lowering school dropout rates; and
‘‘(6) to use funds made available for this subpart to carry
out the evaluation required under section 1830(c).
‘‘(b) RECOGNITION PROGRAM.—
‘‘(1) ESTABLISHMENT.—The Secretary shall—
‘‘(A) establish a national recognition program; and
‘‘(B) develop uniform national guidelines for the rec-
ognition program that shall be used to recognize eligible
schools from nominations submitted by State educational
agencies.
‘‘(2) RECOGNITION.—The Secretary shall recognize, under
the recognition program established under paragraph (1),
eligible schools.
‘‘(3) SUPPORT.—The Secretary may make monetary awards
to an eligible school recognized under this subsection in
amounts determined appropriate by the Secretary that shall
be used for dissemination activities within the eligible school
district or nationally.
‘‘(4) DEFINITION OF ELIGIBLE SCHOOL.—In this subsection,
the term ‘eligible school’ means a public middle school or sec-
ondary school, including a charter school, that has implemented
comprehensive reforms that have been effective in lowering
school dropout rates for all students—
‘‘(A) in that secondary school or charter school; or
‘‘(B) in the case of a middle school, in the secondary
school that the middle school feeds students into.
‘‘(c) CAPACITY BUILDING.—
‘‘(1) IN GENERAL.—The Secretary, through a contract with
one or more non-Federal entities, may conduct a capacity
building and design initiative in order to increase the types
of proven strategies for school dropout prevention and reentry
that address the needs of an entire school population rather
than a subset of students.
‘‘(2) NUMBER AND DURATION.—
H. R. 1—188
‘‘(A) NUMBER.—The Secretary may award not more
than five contracts under this subsection.
‘‘(B) DURATION.—The Secretary may award a contract
under this subsection for a period of not more than 5
years.
‘‘(d) SUPPORT FOR EXISTING REFORM NETWORKS.—
‘‘(1) IN GENERAL.—The Secretary may provide appropriate
support to eligible entities to enable the eligible entities to
provide training, materials, development, and staff assistance
to schools assisted under this part.
‘‘(2) DEFINITION OF ELIGIBLE ENTITY.—In this subsection,
the term ‘eligible entity’ means an entity that, prior to the
date of enactment of the Dropout Prevention Act—
‘‘(A) provided training, technical assistance, and mate-
rials related to school dropout prevention or reentry to
100 or more elementary schools or secondary schools; and
‘‘(B) developed and published a specific educational
program or design related to school dropout prevention
or reentry for use by the schools.
‘‘Subpart 2—School Dropout Prevention Initiative
‘‘SEC. 1821. DEFINITIONS.
‘‘In this subpart:
‘‘(1) LOW-INCOME STUDENT.—The term ‘low-income student’
means a student who is determined by a local educational
agency to be from a low-income family using the measures
described in section 1113(c).
‘‘(2) STATE.—The term ‘State’ means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin
Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, and the Bureau of Indian Affairs
for purposes of serving schools funded by the Bureau.
‘‘SEC. 1822. PROGRAM AUTHORIZED.
‘‘(a) GRANTS TO STATE EDUCATIONAL AGENCIES AND LOCAL EDU-
CATIONAL AGENCIES.—
‘‘(1) AMOUNT LESS THAN $75,000,000.—
‘‘(A) IN GENERAL.—If the amount appropriated under
section 1803 for a fiscal year equals or is less than
$75,000,000, then the Secretary shall use such amount
to award grants, on a competitive basis, to—
‘‘(i) 
State 
educational 
agencies 
to 
support
activities—
‘‘(I) in schools that—
‘‘(aa) serve students in grades 6 through
12; and
‘‘(bb) have annual school dropout rates
that are above the State average annual school
dropout rate; or
‘‘(II) in the middle schools that feed students
into the schools described in subclause (I); or
‘‘(ii) local educational agencies that operate—
‘‘(I) schools that—
‘‘(aa) serve students in grades 6 through
12; and
H. R. 1—189
‘‘(bb) have annual school dropout rates
that are above the State average annual school
dropout rate; or
‘‘(II) middle schools that feed students into
the schools described in subclause (I).
‘‘(B) USE
OF
GRANT
FUNDS.—Grant funds awarded
under this paragraph shall be used to fund effective,
sustainable, and coordinated school dropout prevention and
reentry programs that may include the activities described
in subsection (b)(2), in—
‘‘(i) schools serving students in grades 6 through
12 that have annual school dropout rates that are
above the State average annual school dropout rate;
or
‘‘(ii) the middle schools that feed students into
the schools described in clause (i).
‘‘(2) AMOUNT
LESS
THAN
$250,000,000
BUT
MORE
THAN
$75,000,000.—If the amount appropriated under section 1803 for
a fiscal year is less than $250,000,000 but more than
$75,000,000, then the Secretary shall use such amount to award
grants, on a competitive basis, to State educational agencies
to enable the State educational agencies to award subgrants
under subsection (b).
‘‘(3) AMOUNT
EQUAL
TO
OR
EXCEEDS
$250,000,000.—If the
amount appropriated under section 1803 for a fiscal year equals
or exceeds $250,000,000, then the Secretary shall use such
amount to award a grant to each State educational agency
in an amount that bears the same relation to such appropriated
amount as the amount the State educational agency received
under part A for the preceding fiscal year bears to the amount
received by all State educational agencies under such part
for the preceding fiscal year, to enable the State educational
agency to award subgrants under subsection (b).
‘‘(b) SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.—
‘‘(1) IN GENERAL.—From amounts made available to a State
educational agency under paragraph (2) or (3) of subsection
(a), the State educational agency shall award subgrants, on
a competitive basis, to local educational agencies that operate
public schools that serve students in grades 6 through 12
and that have annual school dropout rates that are above
the State average annual school dropout rate, to enable those
schools, or the middle schools that feed students into those
schools, to implement effective, sustainable, and coordinated
school dropout prevention and reentry programs that involve
activities such as—
‘‘(A) professional development;
‘‘(B) obtaining curricular materials;
‘‘(C) release time for professional staff to obtain profes-
sional development;
‘‘(D) planning and research;
‘‘(E) remedial education;
‘‘(F) reduction in pupil-to-teacher ratios;
‘‘(G) efforts to meet State student academic achieve-
ment standards;
‘‘(H) counseling and mentoring for at-risk students;
‘‘(I) implementing comprehensive school reform models,
such as creating smaller learning communities; and
H. R. 1—190
‘‘(J) school reentry activities.
‘‘(2) AMOUNT.—Subject to paragraph (3), a subgrant under
this subpart shall be awarded—
‘‘(A) in the first year that a local educational agency
receives a subgrant payment under this subpart, in an
amount that is based on factors such as—
‘‘(i) the size of schools operated by the local edu-
cational agency;
‘‘(ii) costs of the model or set of prevention and
reentry strategies being implemented; and
‘‘(iii) local cost factors such as poverty rates;
‘‘(B) in the second year, in an amount that is not
less than 75 percent of the amount the local educational
agency received under this subpart in the first such year;
‘‘(C) in the third year, in an amount that is not less
than 50 percent of the amount the local educational agency
received under this subpart in the first such year; and
‘‘(D) in each succeeding year, in an amount that is
not less than 30 percent of the amount the local educational
agency received under this subpart in the first year.
‘‘(3) DURATION.—A subgrant under this subpart shall be
awarded for a period of 3 years, and may be continued for
a period of 2 additional years if the State educational agency
determines, based on the annual reports described in section
1830(a), that significant progress has been made in lowering
the annual school dropout rate for secondary schools partici-
pating in the program assisted under this subpart.
‘‘SEC. 1823. APPLICATIONS.
‘‘(a) IN GENERAL.—To receive—
‘‘(1) a grant under this subpart, a State educational agency
or local educational agency shall submit an application and
plan to the Secretary at such time, in such manner, and accom-
panied by such information as the Secretary may reasonably
require; and
‘‘(2) a subgrant under this subpart, a local educational
agency shall submit an application and plan to the State edu-
cational agency at such time, in such manner, and accompanied
by such information as the State educational agency may
reasonably require.
‘‘(b) CONTENTS.—
‘‘(1) STATE EDUCATIONAL AGENCY AND LOCAL EDUCATIONAL
AGENCY.—Each application and plan submitted under sub-
section (a) shall—
‘‘(A) include an outline—
‘‘(i) of the State educational agency’s or local edu-
cational agency’s strategy for reducing the State edu-
cational agency or local educational agency’s annual
school dropout rate;
‘‘(ii) for targeting secondary schools, and the middle
schools that feed students into those secondary schools,
that have the highest annual school dropout rates;
and
‘‘(iii) for assessing the effectiveness of the efforts
described in the plan;
‘‘(B) contain an identification of the schools in the
State or operated by the local educational agency that
H. R. 1—191
have annual school dropout rates that are greater than
the average annual school dropout rate for the State;
‘‘(C) describe the instructional strategies to be imple-
mented, how the strategies will serve all students, and
the effectiveness of the strategies;
‘‘(D) describe a budget and timeline for implementing
the strategies;
‘‘(E) contain evidence of coordination with existing
resources;
‘‘(F) provide an assurance that funds provided under
this subpart will supplement, and not supplant, other State
and local funds available for school dropout prevention
and reentry programs; and
‘‘(G) describe how the activities to be assisted conform
with research knowledge about school dropout prevention
and reentry.
‘‘(2) LOCAL EDUCATIONAL AGENCY.—Each application and
plan submitted under subsection (a) by a local educational
agency shall contain, in addition to the requirements of para-
graph (1)—
‘‘(A) an assurance that the local educational agency
is committed to providing ongoing operational support for
such schools to address the problem of school dropouts
for a period of 5 years; and
‘‘(B) an assurance that the local educational agency
will support the plan, including—
‘‘(i) provision of release time for teacher training;
‘‘(ii) efforts to coordinate activities for secondary
schools and the middle schools that feed students into
those secondary schools; and
‘‘(iii) encouraging other schools served by the local
educational agency to participate in the plan.
‘‘SEC. 1824. STATE RESERVATION.
‘‘A State educational agency that receives a grant under para-
graph (2) or (3) of section 1822(a) may reserve not more than
5 percent of the grant funds for administrative costs and State
activities related to school dropout prevention and reentry activities,
of which not more than 2 percent of the grant funds may be
used for administrative costs.
‘‘SEC. 1825. STRATEGIES AND CAPACITY BUILDING.
‘‘Each local educational agency receiving a grant or subgrant
under this subpart and each State educational agency receiving
a grant under this subpart shall implement scientifically based,
sustainable, and widely replicated strategies for school dropout
prevention and reentry. The strategies may include—
‘‘(1) specific strategies for targeted purposes, such as—
‘‘(A) effective early intervention programs designed to
identify at-risk students;
‘‘(B) effective programs serving at-risk students,
including racial and ethnic minorities and pregnant and
parenting teenagers, designed to prevent such students
from dropping out of school; and
‘‘(C) effective programs to identify and encourage youth
who have already dropped out of school to reenter school
and complete their secondary education; and
H. R. 1—192
‘‘(2) approaches such as breaking larger schools down into
smaller learning communities and other comprehensive reform
approaches, creating alternative school programs, and devel-
oping clear linkages to career skills and employment.
‘‘SEC. 1826. SELECTION OF LOCAL EDUCATIONAL AGENCIES FOR SUB-
GRANTS.
‘‘(a) STATE EDUCATIONAL AGENCY REVIEW AND AWARD.—The
State educational agency shall review applications submitted under
section 1823(a)(2) and award subgrants to local educational agencies
with the assistance and advice of a panel of experts on school
dropout prevention and reentry.
‘‘(b) ELIGIBILITY.—A local educational agency is eligible to
receive a subgrant under this subpart if the local educational agency
operates a public school (including a public alternative school)—
‘‘(1) that is eligible to receive assistance under part A;
and
‘‘(2)(A) that serves students 50 percent or more of whom
are low-income students; or
‘‘(B) in which a majority of the students come from feeder
schools that serve students 50 percent or more of whom are
low-income students.
‘‘SEC. 1827. COMMUNITY BASED ORGANIZATIONS.
‘‘A local educational agency that receives a grant or subgrant
under this subpart and a State educational agency that receives
a grant under this subpart may use the funds to secure necessary
services from a community-based organization or other government
agency if the funds are used to provide school dropout prevention
and reentry activities related to schoolwide efforts.
‘‘SEC. 1828. TECHNICAL ASSISTANCE.
‘‘Notwithstanding any other provision of law, each local edu-
cational agency that receives funds under this subpart shall use
the funds to provide technical assistance to secondary schools served
by the agency that have not made progress toward lowering annual
school dropout rates after receiving assistance under this subpart
for 2 fiscal years.
‘‘SEC. 1829. SCHOOL DROPOUT RATE CALCULATION.
‘‘For purposes of calculating an annual school dropout rate
under this subpart, a school shall use the annual event school
dropout rate for students leaving a school in a single year deter-
mined in accordance with the National Center for Education Statis-
tics’ Common Core of Data.
‘‘SEC. 1830. REPORTING AND ACCOUNTABILITY.
‘‘(a) LOCAL EDUCATIONAL AGENCY REPORTS.—
‘‘(1) IN
GENERAL.—To receive funds under this subpart
for a fiscal year after the first fiscal year that a local educational
agency receives funds under this subpart, the local educational
agency shall provide, on an annual basis, a report regarding
the status of the implementation of activities funded under
this subpart, and the dropout data for students at schools
assisted under this subpart, disaggregated by race and eth-
nicity, to the—
‘‘(A) Secretary, if the local educational agency receives
a grant under section 1822(a)(1); or
H. R. 1—193
‘‘(B) State educational agency, if the local educational
agency receives a subgrant under paragraph (2) or (3)
of section 1822(a).
‘‘(2) DROPOUT DATA.—The dropout data under paragraph
(1) shall include annual school dropout rates for each fiscal
year, starting with the 2 fiscal years before the local educational
agency received funds under this subpart.
‘‘(b) STATE REPORT ON PROGRAM ACTIVITIES.—Each State edu-
cational agency receiving funds under this subpart shall provide
to the Secretary, at such time and in such format as the Secretary
may require, information on the status of the implementation of
activities funded under this subpart and outcome data for students
in schools assisted under this subpart.
‘‘(c) ACCOUNTABILITY.—The Secretary shall evaluate the effect
of the activities assisted under this subpart on school dropout
prevention compared, if feasible, to a control group using control
procedures. The Secretary may use funds appropriated for subpart
1 to carry out this evaluation.
‘‘PART I—GENERAL PROVISIONS
‘‘SEC. 1901. FEDERAL REGULATIONS.
‘‘(a) IN GENERAL.—The Secretary may issue such regulations
as are necessary to reasonably ensure that there is compliance
with this title.
‘‘(b) NEGOTIATED RULEMAKING PROCESS.—
‘‘(1) IN GENERAL.—Before publishing in the Federal Register
proposed regulations to carry out this title, the Secretary shall
obtain the advice and recommendations of representatives of
Federal, State, and local administrators, parents, teachers,
paraprofessionals, and members of local school boards and other
organizations involved with the implementation and operation
of programs under this title.
‘‘(2) MEETINGS AND ELECTRONIC EXCHANGE.—Such advice
and recommendations may be obtained through such mecha-
nisms as regional meetings and electronic exchanges of informa-
tion.
‘‘(3) PROPOSED REGULATIONS.—After obtaining such advice
and recommendations, and before publishing proposed regula-
tions, the Secretary shall—
‘‘(A) establish a negotiated rulemaking process on, at
a minimum, standards and assessments;
‘‘(B) select individuals to participate in such process
from among individuals or groups that provided advice
and recommendations, including representation from all
geographic regions of the United States, in such numbers
as will provide an equitable balance between representa-
tives of parents and students and representatives of edu-
cators and education officials; and
‘‘(C) prepare a draft of proposed policy options that
shall be provided to the individuals selected by the Sec-
retary under subparagraph (B) not less than 15 days before
the first meeting under such process.
‘‘(4) PROCESS.—Such process—
‘‘(A) shall be conducted in a timely manner to ensure
that final regulations are issued by the Secretary not later
H. R. 1—194
than 1 year after the date of enactment of the No Child
Left Behind Act of 2001; and
‘‘(B) shall not be subject to the Federal Advisory Com-
mittee Act, but shall otherwise follow the provisions of
the Negotiated Rulemaking Act of 1990 (5 U.S.C. 561 et
seq.).
‘‘(5) EMERGENCY
SITUATION.—In an emergency situation
in which regulations to carry out this title must be issued
within a very limited time to assist State educational agencies
and local educational agencies with the operation of a program
under this title, the Secretary may issue proposed regulations
without following such process but shall, immediately thereafter
and before issuing final regulations, conduct regional meetings
to review such proposed regulations.
‘‘(c) LIMITATION.—Regulations to carry out this part may not
require local programs to follow a particular instructional model,
such as the provision of services outside the regular classroom
or school program.
‘‘SEC. 1902. AGREEMENTS AND RECORDS.
‘‘(a) AGREEMENTS.—All published proposed regulations shall
conform to agreements that result from negotiated rulemaking
described in section 1901 unless the Secretary reopens the nego-
tiated rulemaking process or provides a written explanation to
the participants involved in the process explaining why the Sec-
retary decided to depart from, and not adhere to, such agreements.
‘‘(b) RECORDS.—The Secretary shall ensure that an accurate
and reliable record of agreements reached during the negotiations
process is maintained.
‘‘SEC. 1903. STATE ADMINISTRATION.
‘‘(a) RULEMAKING.—
‘‘(1) IN GENERAL.—Each State that receives funds under
this title shall—
‘‘(A) ensure that any State rules, regulations, and poli-
cies relating to this title conform to the purposes of this
title and provide any such proposed rules, regulations,
and policies to the committee of practitioners created under
subsection (b) for review and comment;
‘‘(B) minimize such rules, regulations, and policies to
which the State’s local educational agencies and schools
are subject;
‘‘(C) eliminate or modify State and local fiscal
accounting requirements in order to facilitate the ability
of schools to consolidate funds under schoolwide programs;
and
‘‘(D) identify any such rule, regulation, or policy as
a State-imposed requirement.
‘‘(2) SUPPORT AND FACILITATION.—State rules, regulations,
and policies under this title shall support and facilitate local
educational agency and school-level systemic reform designed
to enable all children to meet the challenging State student
academic achievement standards.
‘‘(b) COMMITTEE OF PRACTITIONERS.—
‘‘(1) IN
GENERAL.—Each State educational agency that
receives funds under this title shall create a State committee
of practitioners to advise the State in carrying out its respon-
sibilities under this title.
H. R. 1—195
‘‘(2) MEMBERSHIP.—Each such committee shall include—
‘‘(A) as a majority of its members, representatives from
local educational agencies;
‘‘(B) administrators, including the administrators of
programs described in other parts of this title;
‘‘(C) teachers, including vocational educators;
‘‘(D) parents;
‘‘(E) members of local school boards;
‘‘(F) representatives of private school children; and
‘‘(G) pupil services personnel.
‘‘(3) DUTIES.—The duties of such committee shall include
a review, before publication, of any proposed or final State
rule or regulation pursuant to this title. In an emergency situa-
tion where such rule or regulation must be issued within a
very limited time to assist local educational agencies with the
operation of the program under this title, the State educational
agency may issue a regulation without prior consultation, but
shall immediately thereafter convene the State committee of
practitioners to review the emergency regulation before
issuance in final form.
‘‘SEC. 1904. LOCAL EDUCATIONAL AGENCY SPENDING AUDITS.
‘‘(a) AUDITS.—The Comptroller General of the United States
shall conduct audits of not less than 6 local educational agencies
that receive funds under part A in each fiscal year to determine
more clearly and specifically how local educational agencies are
expending such funds. Such audits—
‘‘(1) shall be conducted in 6 local educational agencies that
represent the size, ethnic, economic, and geographic diversity
of local educational agencies; and
‘‘(2) shall examine the extent to which funds have been
expended for academic instruction in the core curriculum and
activities unrelated to academic instruction in the core cur-
riculum, such as the payment of janitorial, utility, and other
maintenance services, the purchase and lease of vehicles, and
the payment for travel and attendance costs at conferences.
‘‘(b) REPORT.—Not later than 3 months after the completion
of the audits under subsection (a) each year, the Comptroller Gen-
eral of the United States shall submit a report on each audit
to the Committee on Education and the Workforce of the House
of Representatives and the Committee on Health, Education, Labor
and Pensions of the Senate.
‘‘SEC. 1905. PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION,
OR CONTROL.
‘‘Nothing in this title shall be construed to authorize an officer
or employee of the Federal Government to mandate, direct, or
control a State, local educational agency, or school’s specific instruc-
tional content, academic achievement standards and assessments,
curriculum, or program of instruction.
‘‘SEC. 1906. RULE OF CONSTRUCTION ON EQUALIZED SPENDING.
‘‘Nothing in this title shall be construed to mandate equalized
spending per pupil for a State, local educational agency, or school.
‘‘SEC. 1907. STATE REPORT ON DROPOUT DATA.
‘‘Not later than 1 year after a State educational agency receives
funds under this title, the agency shall report to the Secretary
H. R. 1—196
and statewide, all school district data regarding annual school drop-
out rates in the State disaggregated by race and ethnicity according
to procedures that conform with the National Center for Education
Statistics’ Common Core of Data.
‘‘SEC. 1908. REGULATIONS FOR SECTIONS 1111 AND 1116.
‘‘The Secretary shall issue regulations for sections 1111 and
1116 not later than 6 months after the date of enactment of the
No Child Left Behind Act of 2001.’’.
TITLE II—PREPARING, TRAINING, AND
RECRUITING HIGH QUALITY TEACH-
ERS AND PRINCIPALS
SEC. 201. TEACHER AND PRINCIPAL TRAINING AND RECRUITING
FUND.
Title II (20 U.S.C. 6601 et seq.) is amended to read as follows:
‘‘TITLE II—PREPARING, TRAINING, AND
RECRUITING HIGH QUALITY TEACH-
ERS AND PRINCIPALS
‘‘PART A—TEACHER AND PRINCIPAL TRAINING
AND RECRUITING FUND
‘‘SEC. 2101. PURPOSE.
‘‘The purpose of this part is to provide grants to State edu-
cational agencies, local educational agencies, State agencies for
higher education, and eligible partnerships in order to—
‘‘(1) increase student academic achievement through strate-
gies such as improving teacher and principal quality and
increasing the number of highly qualified teachers in the class-
room and highly qualified principals and assistant principals
in schools; and
‘‘(2) hold local educational agencies and schools accountable
for improvements in student academic achievement.
‘‘SEC. 2102. DEFINITIONS.
‘‘In this part:
‘‘(1) ARTS
AND
SCIENCES.—The term ‘arts and sciences’
means—
‘‘(A) when referring to an organizational unit of an
institution of higher education, any academic unit that
offers one or more academic majors in disciplines or content
areas corresponding to the academic subjects in which
teachers teach; and
‘‘(B) when referring to a specific academic subject, the
disciplines or content areas in which an academic major
is offered by an organizational unit described in subpara-
graph (A).
‘‘(2) CHARTER SCHOOL.—The term ‘charter school’ has the
meaning given the term in section 5210.
H. R. 1—197
‘‘(3) HIGH-NEED LOCAL EDUCATIONAL AGENCY.—The term
‘high-need local educational agency’ means a local educational
agency—
‘‘(A)(i) that serves not fewer than 10,000 children from
families with incomes below the poverty line; or
‘‘(ii) for which not less than 20 percent of the children
served by the agency are from families with incomes below
the poverty line; and
‘‘(B)(i) for which there is a high percentage of teachers
not teaching in the academic subjects or grade levels that
the teachers were trained to teach; or
‘‘(ii) for which there is a high percentage of teachers
with emergency, provisional, or temporary certification or
licensing.
‘‘(4) HIGHLY
QUALIFIED
PARAPROFESSIONAL.—The term
‘highly qualified paraprofessional’ means a paraprofessional
who has not less than 2 years of—
‘‘(A) experience in a classroom; and
‘‘(B) postsecondary education or demonstrated com-
petence in a field or academic subject for which there
is a significant shortage of qualified teachers.
‘‘(5) OUT-OF-FIELD TEACHER.—The term ‘out-of-field teacher’
means a teacher who is teaching an academic subject or a
grade level for which the teacher is not highly qualified.
‘‘(6) PRINCIPAL.—The term ‘principal’ includes an assistant
principal.
‘‘SEC. 2103. AUTHORIZATIONS OF APPROPRIATIONS.
‘‘(a) GRANTS TO STATES, LOCAL EDUCATIONAL AGENCIES, AND
ELIGIBLE PARTNERSHIPS.—There are authorized to be appropriated
to carry out this part (other than subpart 5) $3,175,000,000 for
fiscal year 2002 and such sums as may be necessary for each
of the 5 succeeding fiscal years.
‘‘(b) NATIONAL PROGRAMS.—There are authorized to be appro-
priated to carry out subpart 5 such sums as may be necessary
for fiscal year 2002 and each of the 5 succeeding fiscal years.
‘‘Subpart 1—Grants to States
‘‘SEC. 2111. ALLOTMENTS TO STATES.
‘‘(a) IN GENERAL.—The Secretary shall make grants to States
with applications approved under section 2112 to pay for the Federal
share of the cost of carrying out the activities specified in section
2113. Each grant shall consist of the allotment determined for
a State under subsection (b).
‘‘(b) DETERMINATION OF ALLOTMENTS.—
‘‘(1) RESERVATION OF FUNDS.—
‘‘(A) IN GENERAL.—From the total amount appropriated
under section 2103(a) for a fiscal year, the Secretary shall
reserve—
‘‘(i) one-half of 1 percent for allotments for the
United States Virgin Islands, Guam, American Samoa,
and the Commonwealth of the Northern Mariana
Islands, to be distributed among those outlying areas
on the basis of their relative need, as determined by
the Secretary, in accordance with the purpose of this
part; and
H. R. 1—198
‘‘(ii) one-half of 1 percent for the Secretary of the
Interior for programs under this part in schools oper-
ated or funded by the Bureau of Indian Affairs.
‘‘(2) STATE ALLOTMENTS.—
‘‘(A) HOLD HARMLESS.—
‘‘(i) IN
GENERAL.—Subject to subparagraph (B),
from the funds appropriated under section 2103(a) for
any fiscal year and not reserved under paragraph (1),
the Secretary shall allot to each of the 50 States,
the District of Columbia, and the Commonwealth of
Puerto Rico an amount equal to the total amount that
such State received for fiscal year 2001 under—
‘‘(I) section 2202(b) of this Act (as in effect
on the day before the date of enactment of the
No Child Left Behind Act of 2001); and
‘‘(II) section 306 of the Department of Edu-
cation Appropriations Act, 2001 (as enacted into
law by section 1(a)(1) of Public Law 106–554).
‘‘(ii) RATABLE REDUCTION.—If the funds described
in clause (i) are insufficient to pay the full amounts
that all States are eligible to receive under clause
(i) for any fiscal year, the Secretary shall ratably reduce
those amounts for the fiscal year.
‘‘(B) ALLOTMENT OF ADDITIONAL FUNDS.—
‘‘(i) IN GENERAL.—Subject to clause (ii), for any
fiscal year for which the funds appropriated under
section 2103(a) and not reserved under paragraph (1)
exceed the total amount required to make allotments
under subparagraph (A), the Secretary shall allot to
each of the States described in subparagraph (A) the
sum of—
‘‘(I) an amount that bears the same relation-
ship to 35 percent of the excess amount as the
number of individuals age 5 through 17 in the
State, as determined by the Secretary on the basis
of the most recent satisfactory data, bears to the
number of those individuals in all such States,
as so determined; and
‘‘(II) an amount that bears the same relation-
ship to 65 percent of the excess amount as the
number of individuals age 5 through 17 from fami-
lies with incomes below the poverty line, in the
State, as determined by the Secretary on the basis
of the most recent satisfactory data, bears to the
number of those individuals in all such States,
as so determined.
‘‘(ii) EXCEPTION.—No State receiving an allotment
under clause (i) may receive less than one-half of 1
percent of the total excess amount allotted under such
clause for a fiscal year.
‘‘(3) REALLOTMENT.—If any State does not apply for an
allotment under this subsection for any fiscal year, the Sec-
retary shall reallot the amount of the allotment to the
remaining States in accordance with this subsection.
H. R. 1—199
‘‘SEC. 2112. STATE APPLICATIONS.
‘‘(a) IN GENERAL.—For a State to be eligible to receive a grant
under this part, the State educational agency 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 submitted under this section
shall include the following:
‘‘(1) A description of how the activities to be carried out
by the State educational agency under this subpart will be
based on a review of scientifically based research and an expla-
nation of why the activities are expected to improve student
academic achievement.
‘‘(2) A description of how the State educational agency
will ensure that a local educational agency receiving a subgrant
to carry out subpart 2 will comply with the requirements of
such subpart.
‘‘(3) A description of how the State educational agency
will ensure that activities assisted under this subpart are
aligned with challenging State academic content and student
academic achievement standards, State assessments, and State
and local curricula.
‘‘(4) A description of how the State educational agency
will use funds under this part to improve the quality of the
State’s teachers and principals.
‘‘(5)(A) A description of how the State educational agency
will coordinate professional development activities authorized
under this part with professional development activities pro-
vided under other Federal, State, and local programs.
‘‘(B) A description of the comprehensive strategy that the
State educational agency will use, as part of such coordination
effort, to ensure that teachers are trained in the use of tech-
nology so that technology and applications of technology are
effectively used in the classroom to improve teaching and
learning in all curricula and academic subjects, as appropriate.
‘‘(6) A description of how the State educational agency
will encourage the development of proven, innovative strategies
to deliver intensive professional development programs that
are both cost-effective and easily accessible, such as strategies
that involve delivery through the use of technology, peer net-
works, and distance learning.
‘‘(7)(A) A description of how the State educational agency
will ensure compliance with the requirements for professional
development activities described in section 9101 and how the
activities to be carried out under the grant will be developed
collaboratively and based on the input of teachers, principals,
parents, administrators, paraprofessionals, and other school
personnel.
‘‘(B) In the case of a State in which the State educational
agency is not the entity responsible for teacher professional
standards, certification, and licensing, an assurance that the
State activities carried out under this subpart are carried out
in conjunction with the entity responsible for such standards,
certification, and licensing under State law.
‘‘(8) A description of how the State educational agency
will ensure that the professional development (including teacher
H. R. 1—200
mentoring) needs of teachers will be met using funds under
this subpart and subpart 2.
‘‘(9) A description of the State educational agency’s annual
measurable objectives under section 1119(a)(2).
‘‘(10) A description of how the State educational agency
will use funds under this part to meet the teacher and para-
professional requirements of section 1119 and how the State
educational agency will hold local educational agencies account-
able for meeting the annual measurable objectives described
in section 1119(a)(2).
‘‘(11) In the case of a State that has a charter school
law that exempts teachers from State certification and licensing
requirements, the specific portion of the State law that provides
for the exemption.
‘‘(12) An assurance that the State educational agency will
comply with section 9501 (regarding participation by private
school children and teachers).
‘‘(c) DEEMED APPROVAL.—An application submitted by a State
educational agency pursuant to subsection (a) shall be deemed
to be approved by the Secretary unless the Secretary makes a
written determination, prior to the expiration of the 120-day period
beginning on the date on which the Secretary received the applica-
tion, that the application is not in compliance with this subpart.
‘‘(d) DISAPPROVAL.—The Secretary shall not finally disapprove
the application, except after giving the State educational agency
notice and an opportunity for a hearing.
‘‘(e) NOTIFICATION.—If the Secretary finds that the application
is not in compliance, in whole or in part, with this subpart, the
Secretary shall—
‘‘(1) give the State educational agency notice and an oppor-
tunity for a hearing; and
‘‘(2) notify the State educational agency of the finding of
noncompliance and, in such notification, shall—
‘‘(A) cite the specific provisions in the application that
are not in compliance; and
‘‘(B) request additional information, only as to the non-
compliant provisions, needed to make the application
compliant.
‘‘(f) RESPONSE.—If the State educational agency responds to
the Secretary’s notification described in subsection (e)(2) during
the 45-day period beginning on the date on which the agency
received the notification, and resubmits the application with the
requested information described in subsection (e)(2)(B), the Sec-
retary shall approve or disapprove such application prior to the
later of—
‘‘(1) the expiration of the 45-day period beginning on the
date on which the application is resubmitted; or
‘‘(2) the expiration of the 120-day period described in sub-
section (c).
‘‘(g) FAILURE TO RESPOND.—If the State educational agency
does not respond to the Secretary’s notification described in sub-
section (e)(2) during the 45-day period beginning on the date on
which the agency received the notification, such application shall
be deemed to be disapproved.
H. R. 1—201
‘‘SEC. 2113. STATE USE OF FUNDS.
‘‘(a) IN GENERAL.—A State that receives a grant under section
2111 shall—
‘‘(1) reserve 95 percent of the funds made available through
the grant to make subgrants to local educational agencies as
described in subpart 2;
‘‘(2) reserve 2.5 percent (or, for a fiscal year described
in subsection (b), the percentage determined under subsection
(b)) of the funds to make subgrants to local partnerships as
described in subpart 3; and
‘‘(3) use the remainder of the funds for State activities
described in subsection (c).
‘‘(b) SPECIAL RULE.—For any fiscal year for which the total
amount that would be reserved by all States under subsection
(a)(2), if the States applied a 2.5 percentage rate, exceeds
$125,000,000, the Secretary shall determine an alternative percent-
age that the States shall apply for that fiscal year under subsection
(a)(2) so that the total amount reserved by all States under sub-
section (a)(2) equals $125,000,000.
‘‘(c) STATE ACTIVITIES.—The State educational agency for a
State that receives a grant under section 2111 shall use the funds
described in subsection (a)(3) to carry out one or more of the
following activities, which may be carried out through a grant
or contract with a for-profit or nonprofit entity:
‘‘(1) Reforming teacher and principal certification (including
recertification) or licensing requirements to ensure that—
‘‘(A)(i) teachers have the necessary subject matter
knowledge and teaching skills in the academic subjects
that the teachers teach; and
‘‘(ii) principals have the instructional leadership skills
to help teachers teach and students learn;
‘‘(B) teacher certification (including recertification) or
licensing requirements are aligned with challenging State
academic content standards; and
‘‘(C) teachers have the subject matter knowledge and
teaching skills, including technology literacy, and principals
have the instructional leadership skills, necessary to help
students meet challenging State student academic achieve-
ment standards.
‘‘(2) Carrying out programs that provide support to teachers
or principals, including support for teachers and principals
new to their profession, such as programs that—
‘‘(A) provide teacher mentoring, team teaching, reduced
class schedules, and intensive professional development;
and
‘‘(B) use standards or assessments for guiding begin-
ning teachers that are consistent with challenging State
student academic achievement standards and with the
requirements 
for 
professional 
development 
activities
described in section 9101.
‘‘(3) Carrying out programs that establish, expand, or
improve alternative routes for State certification of teachers
and principals, especially in the areas of mathematics and
science, for highly qualified individuals with a baccalaureate
or master’s degree, including mid-career professionals from
other occupations, paraprofessionals, former military personnel,
H. R. 1—202
and recent college or university graduates with records of aca-
demic distinction who demonstrate the potential to become
highly effective teachers or principals.
‘‘(4) Developing and implementing mechanisms to assist
local educational agencies and schools in effectively recruiting
and retaining highly qualified teachers, including specialists
in core academic subjects, principals, and pupil services per-
sonnel, except that funds made available under this paragraph
may be used for pupil services personnel only—
‘‘(A) if the State educational agency is making progress
toward meeting the annual measurable objectives described
in section 1119(a)(2); and
‘‘(B) in a manner consistent with mechanisms to assist
local educational agencies and schools in effectively
recruiting and retaining highly qualified teachers and prin-
cipals.
‘‘(5) Reforming tenure systems, implementing teacher
testing for subject matter knowledge, and implementing teacher
testing for State certification or licensing, consistent with title
II of the Higher Education Act of 1965.
‘‘(6) Providing professional development for teachers and
principals and, in cases in which a State educational agency
determines support to be appropriate, supporting the participa-
tion of pupil services personnel in the same type of professional
development activities as are made available to teachers and
principals.
‘‘(7) Developing systems to measure the effectiveness of
specific professional development programs and strategies to
document gains in student academic achievement or increases
in teacher mastery of the academic subjects the teachers teach.
‘‘(8) Fulfilling the State educational agency’s responsibil-
ities concerning proper and efficient administration of the pro-
grams carried out under this part, including provision of tech-
nical assistance to local educational agencies.
‘‘(9) Funding projects to promote reciprocity of teacher and
principal certification or licensing between or among States,
except that no reciprocity agreement developed under this para-
graph or developed using funds provided under this part may
lead to the weakening of any State teaching certification or
licensing requirement.
‘‘(10) Developing or assisting local educational agencies in
the development and use of proven, innovative strategies to
deliver intensive professional development programs that are
both cost-effective and easily accessible, such as strategies that
involve delivery through the use of technology, peer networks,
and distance learning.
‘‘(11) Encouraging and supporting the training of teachers
and administrators to effectively integrate technology into cur-
ricula and instruction, including training to improve the ability
to collect, manage, and analyze data to improve teaching,
decisionmaking, school improvement efforts, and accountability.
‘‘(12) Developing, or assisting local educational agencies
in developing, merit-based performance systems, and strategies
that provide differential and bonus pay for teachers in high-
need academic subjects such as reading, mathematics, and
science and teachers in high-poverty schools and districts.
H. R. 1—203
‘‘(13) Providing assistance to local educational agencies for
the development and implementation of professional develop-
ment programs for principals that enable the principals to
be effective school leaders and prepare all students to meet
challenging State academic content and student academic
achievement standards, and the development and support of
school leadership academies to help exceptionally talented
aspiring or current principals and superintendents become out-
standing managers and educational leaders.
‘‘(14) Developing, or assisting local educational agencies
in developing, teacher advancement initiatives that promote
professional growth and emphasize multiple career paths (such
as paths to becoming a career teacher, mentor teacher, or
exemplary teacher) and pay differentiation.
‘‘(15) Providing assistance to teachers to enable them to
meet certification, licensing, or other requirements needed to
become highly qualified by the end of the fourth year for which
the State receives funds under this part (as amended by the
No Child Left Behind Act of 2001).
‘‘(16) Supporting activities that ensure that teachers are
able to use challenging State academic content standards and
student academic achievement standards, and State assess-
ments, to improve instructional practices and improve student
academic achievement.
‘‘(17) Funding projects and carrying out programs to encour-
age men to become elementary school teachers.
‘‘(18) Establishing and operating a center that—
‘‘(A) serves as a statewide clearinghouse for the recruit-
ment and placement of kindergarten, elementary school,
and secondary school teachers; and
‘‘(B) establishes and carries out programs to improve
teacher recruitment and retention within the State.
‘‘(d) ADMINISTRATIVE COSTS.—A State educational agency or
State agency for higher education receiving a grant under this
part may use not more than 1 percent of the grant funds for
planning and administration related to carrying out activities under
subsection (c) and subpart 3.
‘‘(e) COORDINATION.—A State that receives a grant to carry
out this subpart and a grant under section 202 of the Higher
Education Act of 1965 shall coordinate the activities carried out
under this subpart and the activities carried out under that section.
‘‘(f) SUPPLEMENT, NOT SUPPLANT.—Funds received under this
subpart shall be used to supplement, and not supplant, non-Federal
funds that would otherwise be used for activities authorized under
this subpart.
‘‘Subpart 2—Subgrants to Local Educational
Agencies
‘‘SEC. 2121. ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES.
‘‘(a) SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.—
‘‘(1) IN GENERAL.—The Secretary may make a grant to
a State under subpart 1 only if the State educational agency
agrees to distribute the funds described in this subsection as
subgrants to local educational agencies under this subpart.
‘‘(2) HOLD HARMLESS.—
H. R. 1—204
‘‘(A) IN GENERAL.—From the funds reserved by a State
under section 2113(a)(1), the State educational agency shall
allocate to each local educational agency in the State an
amount equal to the total amount that such agency received
for fiscal year 2001 under—
‘‘(i) section 2203(1)(B) of this Act (as in effect on
the day before the date of enactment of the No Child
Left Behind Act of 2001); and
‘‘(ii) section 306 of the Department of Education
Appropriations Act, 2001 (as enacted into law by sec-
tion 1(a)(1) of Public Law 106–554).
‘‘(B) NONPARTICIPATING AGENCIES.—In the case of a
local educational agency that did not receive any funds
for fiscal year 2001 under one or both of the provisions
referred to in clauses (i) and (ii) of subparagraph (A),
the amount allocated to the agency under such subpara-
graph shall be the total amount that the agency would
have received for fiscal year 2001 if the agency had elected
to participate in all of the programs for which the agency
was eligible under each of the provisions referred to in
those clauses.
‘‘(C) RATABLE REDUCTION.—If the funds described in
subparagraph (A) are insufficient to pay the full amounts
that all local educational agencies in the State are eligible
to receive under subparagraph (A) for any fiscal year, the
State educational agency shall ratably reduce such amounts
for the fiscal year.
‘‘(3) ALLOCATION
OF
ADDITIONAL
FUNDS.—For any fiscal
year for which the funds reserved by a State under section
2113(a)(1) exceed the total amount required to make allocations
under paragraph (2), the State educational agency shall allocate
to each of the eligible local educational agencies in the State
the sum of—
‘‘(A) an amount that bears the same relationship to
20 percent of the excess amount as the number of individ-
uals age 5 through 17 in the geographic area served by
the agency, as determined by the Secretary on the basis
of the most recent satisfactory data, bears to the number
of those individuals in the geographic areas served by
all the local educational agencies in the State, as so deter-
mined; and
‘‘(B) an amount that bears the same relationship to
80 percent of the excess amount as the number of individ-
uals age 5 through 17 from families with incomes below
the poverty line in the geographic area served by the
agency, as determined by the Secretary on the basis of
the most recent satisfactory data, bears to the number
of those individuals in the geographic areas served by
all the local educational agencies in the State, as so deter-
mined.
‘‘SEC. 2122. LOCAL APPLICATIONS AND NEEDS ASSESSMENT.
‘‘(a) IN GENERAL.—To be eligible to receive a subgrant under
this subpart, a local educational agency shall submit an application
to the State educational agency at such time, in such manner,
and containing such information as the State educational agency
may reasonably require.
H. R. 1—205
‘‘(b) CONTENTS.—Each application submitted under this section
shall be based on the needs assessment required in subsection
(c) and shall include the following:
‘‘(1)(A) A description of the activities to be carried out
by the local educational agency under this subpart and how
these activities will be aligned with—
‘‘(i) challenging State academic content standards and
student academic achievement standards, and State assess-
ments; and
‘‘(ii) the curricula and programs tied to the standards
described in clause (i).
‘‘(B) A description of how the activities will be based on
a review of scientifically based research and an explanation
of why the activities are expected to improve student academic
achievement.
‘‘(2) A description of how the activities will have a substan-
tial, measurable, and positive impact on student academic
achievement and how the activities will be used as part of
a broader strategy to eliminate the achievement gap that sepa-
rates low-income and minority students from other students.
‘‘(3) An assurance that the local educational agency will
target funds to schools within the jurisdiction of the local edu-
cational agency that—
‘‘(A) have the lowest proportion of highly qualified
teachers;
‘‘(B) have the largest average class size; or
‘‘(C) are identified for school improvement under sec-
tion 1116(b).
‘‘(4) A description of how the local educational agency will
coordinate professional development activities authorized under
this subpart with professional development activities provided
through other Federal, State, and local programs.
‘‘(5) A description of the professional development activities
that will be made available to teachers and principals under
this subpart and how the local educational agency will ensure
that the professional development (which may include teacher
mentoring) needs of teachers and principals will be met using
funds under this subpart.
‘‘(6) A description of how the local educational agency will
integrate funds under this subpart with funds received under
part D that are used for professional development to train
teachers to integrate technology into curricula and instruction
to improve teaching, learning, and technology literacy.
‘‘(7) A description of how the local educational agency,
teachers, paraprofessionals, principals, other relevant school
personnel, and parents have collaborated in the planning of
activities to be carried out under this subpart and in the
preparation of the application.
‘‘(8) A description of the results of the needs assessment
described in subsection (c).
‘‘(9) A description of how the local educational agency will
provide training to enable teachers to—
‘‘(A) teach and address the needs of students with
different learning styles, particularly students with disabil-
ities, students with special learning needs (including stu-
dents who are gifted and talented), and students with
limited English proficiency;
H. R. 1—206
‘‘(B) improve student behavior in the classroom and
identify early and appropriate interventions to help stu-
dents described in subparagraph (A) learn;
‘‘(C) involve parents in their child’s education; and
‘‘(D) understand and use data and assessments to
improve classroom practice and student learning.
‘‘(10) A description of how the local educational agency
will use funds under this subpart to meet the requirements
of section 1119.
‘‘(11) An assurance that the local educational agency will
comply with section 9501 (regarding participation by private
school children and teachers).
‘‘(c) NEEDS ASSESSMENT.—
‘‘(1) IN GENERAL.—To be eligible to receive a subgrant under
this subpart, a local educational agency shall conduct an assess-
ment of local needs for professional development and hiring,
as identified by the local educational agency and school staff.
‘‘(2) REQUIREMENTS.—Such needs assessment shall be con-
ducted with the involvement of teachers, including teachers
participating in programs under part A of title I, and shall
take into account the activities that need to be conducted in
order to give teachers the means, including subject matter
knowledge and teaching skills, and to give principals the
instructional leadership skills to help teachers, to provide stu-
dents with the opportunity to meet challenging State and local
student academic achievement standards.
‘‘SEC. 2123. LOCAL USE OF FUNDS.
‘‘(a) IN GENERAL.—A local educational agency that receives
a subgrant under section 2121 shall use the funds made available
through the subgrant to carry out one or more of the following
activities, including carrying out the activities through a grant
or contract with a for-profit or nonprofit entity:
‘‘(1) Developing and implementing mechanisms to assist
schools in effectively recruiting and retaining highly qualified
teachers, including specialists in core academic subjects, prin-
cipals, and pupil services personnel, except that funds made
available under this paragraph may be used for pupil services
personnel only—
‘‘(A) if the local educational agency is making progress
toward meeting the annual measurable objectives described
in section 1119(a)(2); and
‘‘(B) in a manner consistent with mechanisms to assist
schools in effectively recruiting and retaining highly quali-
fied teachers and principals.
‘‘(2) Developing and implementing initiatives to assist in
recruiting highly qualified teachers (particularly initiatives that
have proven effective in retaining highly qualified teachers),
and hiring highly qualified teachers, who will be assigned
teaching positions within their fields, including—
‘‘(A) providing scholarships, signing bonuses, or other
financial incentives, such as differential pay, for teachers
to teach—
‘‘(i) in academic subjects in which there exists a
shortage of highly qualified teachers within a school
or within the local educational agency; and
H. R. 1—207
‘‘(ii) in schools in which there exists a shortage
of highly qualified teachers;
‘‘(B) recruiting and hiring highly qualified teachers
to reduce class size, particularly in the early grades; and
‘‘(C) establishing programs that—
‘‘(i) train and hire regular and special education
teachers (which may include hiring special education
teachers to team-teach in classrooms that contain both
children with disabilities and nondisabled children);
‘‘(ii) train and hire highly qualified teachers of
special needs children, as well as teaching specialists
in core academic subjects who will provide increased
individualized instruction to students;
‘‘(iii) recruit qualified professionals from other
fields, including highly qualified paraprofessionals, and
provide such professionals with alternative routes to
teacher certification, including developing and imple-
menting hiring policies that ensure comprehensive
recruitment efforts as a way to expand the applicant
pool, such as through identifying teachers certified
through alternative routes, and using a system of
intensive screening designed to hire the most qualified
applicants; and
‘‘(iv) provide increased opportunities for minorities,
individuals with disabilities, and other individuals
underrepresented in the teaching profession.
‘‘(3) Providing professional development activities—
‘‘(A) that improve the knowledge of teachers and prin-
cipals 
and, 
in 
appropriate 
cases, 
paraprofessionals,
concerning—
‘‘(i) one or more of the core academic subjects that
the teachers teach; and
‘‘(ii) effective instructional strategies, methods, and
skills, and use of challenging State academic content
standards and student academic achievement stand-
ards, and State assessments, to improve teaching prac-
tices and student academic achievement; and
‘‘(B) that improve the knowledge of teachers and prin-
cipals and, in appropriate cases, paraprofessionals, con-
cerning effective instructional practices and that—
‘‘(i) involve collaborative groups of teachers and
administrators;
‘‘(ii) provide training in how to teach and address
the needs of students with different learning styles,
particularly students with disabilities, students with
special learning needs (including students who are
gifted and talented), and students with limited English
proficiency;
‘‘(iii) provide training in methods of—
‘‘(I) improving student behavior in the class-
room; and
‘‘(II) identifying early and appropriate inter-
ventions to help students described in clause (ii)
learn;
‘‘(iv) provide training to enable teachers and prin-
cipals to involve parents in their child’s education,
H. R. 1—208
especially parents of limited English proficient and
immigrant children; and
‘‘(v) provide training on how to understand and
use data and assessments to improve classroom prac-
tice and student learning.
‘‘(4) Developing and implementing initiatives to promote
retention of highly qualified teachers and principals, particu-
larly within elementary schools and secondary schools with
a high percentage of low-achieving students, including pro-
grams that provide—
‘‘(A) teacher mentoring from exemplary teachers, prin-
cipals, or superintendents;
‘‘(B) induction and support for teachers and principals
during their first 3 years of employment as teachers or
principals, respectively;
‘‘(C) incentives, including financial incentives, to retain
teachers who have a record of success in helping low-
achieving students improve their academic achievement;
or
‘‘(D) incentives, including financial incentives, to prin-
cipals who have a record of improving the academic
achievement of all students, but particularly students from
economically disadvantaged families, students from racial
and ethnic minority groups, and students with disabilities.
‘‘(5) Carrying out programs and activities that are designed
to improve the quality of the teacher force, such as—
‘‘(A) innovative professional development programs
(which may be provided through partnerships including
institutions of higher education), including programs that
train teachers and principals to integrate technology into
curricula and instruction to improve teaching, learning,
and technology literacy, are consistent with the require-
ments of section 9101, and are coordinated with activities
carried out under part D;
‘‘(B) development and use of proven, cost-effective
strategies for the implementation of professional develop-
ment activities, such as through the use of technology
and distance learning;
‘‘(C) tenure reform;
‘‘(D) merit pay programs; and
‘‘(E) testing of elementary school and secondary school
teachers in the academic subjects that the teachers teach.
‘‘(6) Carrying out professional development activities
designed to improve the quality of principals and superintend-
ents, including the development and support of academies to
help talented aspiring or current principals and superintend-
ents become outstanding managers and educational leaders.
‘‘(7) Hiring highly qualified teachers, including teachers
who become highly qualified through State and local alternative
routes to certification, and special education teachers, in order
to reduce class size, particularly in the early grades.
‘‘(8) Carrying out teacher advancement initiatives that pro-
mote professional growth and emphasize multiple career paths
(such as paths to becoming a career teacher, mentor teacher,
or exemplary teacher) and pay differentiation.
‘‘(10) Carrying out programs and activities related to exem-
plary teachers.
H. R. 1—209
‘‘(b) SUPPLEMENT, NOT SUPPLANT.—Funds received under this
subpart shall be used to supplement, and not supplant, non-Federal
funds that would otherwise be used for activities authorized under
this subpart.
‘‘Subpart 3—Subgrants to Eligible Partnerships
‘‘SEC. 2131. DEFINITIONS.
‘‘In this subpart:
‘‘(1) ELIGIBLE PARTNERSHIP.—The term ‘eligible partnership’
means an entity that—
‘‘(A) shall include—
‘‘(i) a private or State institution of higher edu-
cation and the division of the institution that prepares
teachers and principals;
‘‘(ii) a school of arts and sciences; and
‘‘(iii) a high-need local educational agency; and
‘‘(B) may include another local educational agency, a
public charter school, an elementary school or secondary
school, an educational service agency, a nonprofit edu-
cational organization, another institution of higher edu-
cation, a school of arts and sciences within such an institu-
tion, the division of such an institution that prepares
teachers and principals, a nonprofit cultural organization,
an entity carrying out a prekindergarten program, a
teacher organization, a principal organization, or a busi-
ness.
‘‘(2) LOW-PERFORMING SCHOOL.—The term ‘low-performing
school’ means an elementary school or secondary school that
is identified under section 1116.
‘‘SEC. 2132. SUBGRANTS.
‘‘(a) IN GENERAL.—The State agency for higher education for
a State that receives a grant under section 2111, working in conjunc-
tion with the State educational agency (if such agencies are sepa-
rate), shall use the funds reserved under section 2113(a)(2) to
make subgrants, on a competitive basis, to eligible partnerships
to enable such partnerships to carry out the activities described
in section 2134.
‘‘(b) DISTRIBUTION.—The State agency for higher education shall
ensure that—
‘‘(1) such subgrants are equitably distributed by geographic
area within a State; or
‘‘(2) eligible partnerships in all geographic areas within
the State are served through the subgrants.
‘‘(c) SPECIAL RULE.—No single participant in an eligible partner-
ship may use more than 50 percent of the funds made available
to the partnership under this section.
‘‘SEC. 2133. APPLICATIONS.
‘‘To be eligible to receive a subgrant under this subpart, an
eligible partnership shall submit an application to the State agency
for higher education at such time, in such manner, and containing
such information as the agency may require.
‘‘SEC. 2134. USE OF FUNDS.
‘‘(a) IN GENERAL.—An eligible partnership that receives a
subgrant under section 2132 shall use the subgrant funds for—
H. R. 1—210
‘‘(1) professional development activities in core academic
subjects to ensure that—
‘‘(A) teachers and highly qualified paraprofessionals,
and, if appropriate, principals have subject matter knowl-
edge in the academic subjects that the teachers teach,
including the use of computer related technology to enhance
student learning; and
‘‘(B) principals have the instructional leadership skills
that will help such principals work most effectively with
teachers to help students master core academic subjects;
and
‘‘(2) developing and providing assistance to local edu-
cational agencies and individuals who are teachers, highly
qualified paraprofessionals, or principals of schools served by
such agencies, for sustained, high-quality professional develop-
ment activities that—
‘‘(A) ensure that the individuals are able to use chal-
lenging State academic content standards and student aca-
demic achievement standards, and State assessments, to
improve instructional practices and improve student aca-
demic achievement;
‘‘(B) may include intensive programs designed to pre-
pare such individuals who will return to a school to provide
instruction 
related 
to 
the 
professional 
development
described in subparagraph (A) to other such individuals
within such school; and
‘‘(C) may include activities of partnerships between
one or more local educational agencies, one or more schools
served by such local educational agencies, and one or more
institutions of higher education for the purpose of
improving teaching and learning at low-performing schools.
‘‘(b) COORDINATION.—An eligible partnership that receives a
subgrant to carry out this subpart and a grant under section 203
of the Higher Education Act of 1965 shall coordinate the activities
carried out under this subpart and the activities carried out under
that section 203.
‘‘Subpart 4—Accountability
‘‘SEC. 2141. TECHNICAL ASSISTANCE AND ACCOUNTABILITY.
‘‘(a) IMPROVEMENT PLAN.—After the second year of the plan
described in section 1119(a)(2), if a State educational agency deter-
mines, based on the reports described in section 1119(b)(1), that
a local educational agency in the State has failed to make progress
toward meeting the annual measurable objectives described in sec-
tion 1119(a)(2), for 2 consecutive years, such local educational
agency shall develop an improvement plan that will enable the
agency to meet such annual measurable objectives and that specifi-
cally addresses issues that prevented the agency from meeting
such annual measurable objectives.
‘‘(b) TECHNICAL ASSISTANCE.—During the development of the
improvement plan described in subsection (a) and throughout
implementation of the plan, the State educational agency shall—
‘‘(1) provide technical assistance to the local educational
agency; and
‘‘(2) provide technical assistance, if applicable, to schools
served by the local educational agency that need assistance
H. R. 1—211
to enable the local educational agency to meet the annual
measurable objectives described in section 1119(a)(2).
‘‘(c) ACCOUNTABILITY.—After the third year of the plan described
in section 1119(a)(2), if the State educational agency determines,
based on the reports described in section 1119(b)(1), that the local
educational agency has failed to make progress toward meeting
the annual measurable objectives described in section 1119(a)(2),
and has failed to make adequate yearly progress as described under
section 1111(b)(2)(B), for 3 consecutive years, the State educational
agency shall enter into an agreement with such local educational
agency on the use of that agency’s funds under this part. As part
of this agreement, the State educational agency—
‘‘(1) shall develop, in conjunction with the local educational
agency, teachers, and principals, professional development
strategies and activities, based on scientifically based research,
that the local educational agency will use to meet the annual
measurable objectives described in section 1119(a)(2) and
require such agency to utilize such strategies and activities;
and
‘‘(2)(A) except as provided in subparagraphs (B) and (C),
shall prohibit the use of funds received under part A of title
I to fund any paraprofessional hired after the date such deter-
mination is made;
‘‘(B) shall allow the use of such funds to fund a paraprofes-
sional hired after that date if the local educational agency
can demonstrate that the hiring is to fill a vacancy created
by the departure of another paraprofessional funded under
title I and such new paraprofessional satisfies the requirements
of section 1119(c); and
‘‘(C) may allow the use of such funds to fund a paraprofes-
sional hired after that date if the local educational agency
can demonstrate—
‘‘(i) that a significant influx of population has substan-
tially increased student enrollment; or
‘‘(ii) that there is an increased need for translators
or assistance with parental involvement activities.
‘‘(d) SPECIAL RULE.—During the development of the strategies
and activities described in subsection (c)(1), the State educational
agency shall, in conjunction with the local educational agency,
provide from funds allocated to such local educational agency under
subpart 2 directly to one or more schools served by such local
educational agency, to enable teachers at the schools to choose,
with continuing consultation with the principal involved, profes-
sional development activities that—
‘‘(1) meet the requirements for professional development
activities described in section 9101; and
‘‘(2) are coordinated with other reform efforts at the schools.
‘‘Subpart 5—National Activities
‘‘SEC. 2151. NATIONAL ACTIVITIES OF DEMONSTRATED EFFECTIVE-
NESS.
‘‘(a) NATIONAL TEACHER RECRUITMENT CAMPAIGN.—The Sec-
retary is authorized to establish and carry out a national teacher
recruitment campaign, which may include activities carried out
through the National Teacher Recruitment Clearinghouse, to assist
H. R. 1—212
high-need local educational agencies in recruiting teachers (particu-
larly those activities that are effective in retaining new teachers)
and training teachers and to conduct a national public service
campaign concerning the resources for, and the routes to, entering
the field of teaching. In carrying out the campaign, the Secretary
may promote and link the activities of the campaign to the informa-
tion and referral activities of the National Teacher Recruitment
Clearinghouse. The Secretary shall coordinate activities under this
subsection with State and regional recruitment activities.
‘‘(b) SCHOOL LEADERSHIP.—
‘‘(1) IN GENERAL.—The Secretary is authorized to establish
and carry out a national principal recruitment program to
assist high-need local educational agencies in recruiting and
training principals (including assistant principals) through such
activities as—
‘‘(A) providing financial incentives to aspiring new prin-
cipals;
‘‘(B) providing stipends to principals who mentor new
principals;
‘‘(C) carrying out professional development programs
in instructional leadership and management; and
‘‘(D) providing incentives that are appropriate for
teachers or individuals from other fields who want to
become principals and that are effective in retaining new
principals.
‘‘(2) GRANTS.—If the Secretary uses sums made available
under section 2103(b) to carry out paragraph (1), the Secretary
shall carry out such paragraph by making grants, on a competi-
tive basis, to—
‘‘(A) high-need local educational agencies;
‘‘(B) consortia of high-need local educational agencies;
and
‘‘(C) partnerships of high-need local educational agen-
cies, nonprofit organizations, and institutions of higher edu-
cation.
‘‘(c) ADVANCED CERTIFICATION OR ADVANCED CREDENTIALING.—
‘‘(1) IN GENERAL.—The Secretary is authorized to support
activities to encourage and support teachers seeking advanced
certification or advanced credentialing through high quality
professional teacher enhancement programs designed to
improve teaching and learning.
‘‘(2) IMPLEMENTATION.—In carrying out paragraph (1), the
Secretary shall make grants to eligible entities to—
‘‘(A) develop teacher standards that include measures
tied to increased student academic achievement; and
‘‘(B) promote outreach, teacher recruitment, teacher
subsidy, or teacher support programs, related to teacher
certification or credentialing by the National Board for
Professional Teaching Standards, the National Council on
Teacher Quality, or other nationally recognized certification
or credentialing organizations.
‘‘(3) ELIGIBLE
ENTITIES.—In this subsection, the term
‘eligible entity’ includes—
‘‘(A) a State educational agency;
‘‘(B) a local educational agency;
H. R. 1—213
‘‘(C) the National Board for Professional Teaching
Standards, in partnership with a high-need local edu-
cational agency or a State educational agency;
‘‘(D) the National Council on Teacher Quality, in part-
nership with a high-need local educational agency or a
State educational agency; or
‘‘(E) another recognized entity, including another recog-
nized certification or credentialing organization, in partner-
ship with a high-need local educational agency or a State
educational agency.
‘‘(d) SPECIAL EDUCATION TEACHER TRAINING.—The Secretary
is authorized to award a grant to the University of Northern Colo-
rado to enable such university to provide, to other institutions
of higher education, assistance in training special education
teachers.
‘‘(e) EARLY CHILDHOOD EDUCATOR PROFESSIONAL DEVELOP-
MENT.—
‘‘(1) PURPOSE.—The purpose of this subsection is to enhance
the school readiness of young children, particularly disadvan-
taged young children, and to prevent young children from
encountering difficulties once the children enter school, by
improving the knowledge and skills of early childhood educators
who work in communities that have high concentrations of
children living in poverty.
‘‘(2) PROGRAM AUTHORIZED.—
‘‘(A) GRANTS
TO
PARTNERSHIPS.—The Secretary is
authorized to carry out the purpose of this subsection by
awarding grants, on a competitive basis, to partnerships
consisting of—
‘‘(i)(I) one or more institutions of higher education
that provide professional development for early child-
hood educators who work with children from low-
income families in high-need communities; or
‘‘(II) another public or private entity that provides
such professional development;
‘‘(ii) one or more public agencies (including local
educational agencies, State educational agencies, State
human services agencies, and State and local agencies
administering programs under the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858
et seq.), Head Start agencies, or private organizations;
and
‘‘(iii) to the extent feasible, an entity with dem-
onstrated experience in providing training to educators
in early childhood education programs concerning
identifying and preventing behavior problems or
working with children identified as or suspected to
be victims of abuse.
‘‘(B) DURATION AND NUMBER OF GRANTS.—
‘‘(i) DURATION.—The Secretary shall award grants
under this subsection for periods of not more than
4 years.
‘‘(ii) NUMBER.—No partnership may receive more
than one grant under this subsection.
‘‘(3) APPLICATIONS.—
‘‘(A) APPLICATIONS REQUIRED.—Any partnership that
desires to receive a grant under this subsection shall submit
H. R. 1—214
an application to the Secretary at such time, in such
manner, and containing such information as the Secretary
may require.
‘‘(B) CONTENTS.—Each such application shall include—
‘‘(i) a description of the high-need community to
be served by the project proposed to be carried out
through the grant, including such demographic and
socioeconomic information as the Secretary may
request;
‘‘(ii) information on the quality of the early child-
hood educator professional development program cur-
rently conducted (as of the date of the submission
of the application) by the institution of higher edu-
cation or another provider in the partnership;
‘‘(iii) the results of a needs assessment that the
entities in the partnership have undertaken to deter-
mine the most critical professional development needs
of the early childhood educators to be served by the
partnership and in the broader community, and a
description of how the proposed project will address
those needs;
‘‘(iv) a description of how the proposed project will
be carried out, including a description of—
‘‘(I) how individuals will be selected to partici-
pate;
‘‘(II) the types of professional development
activities, based on scientifically based research,
that will be carried out;
‘‘(III) how research on effective professional
development and on adult learning will be used
to design and deliver project activities;
‘‘(IV) how the project will be coordinated with
and build on, and will not supplant or duplicate,
early childhood education professional develop-
ment activities in the high-need community;
‘‘(V) how the project will train early childhood
educators to provide developmentally appropriate
school-readiness services that are based on the
best available research on early childhood peda-
gogy and child development and learning domains;
‘‘(VI) how the project will train early childhood
educators to meet the diverse educational needs
of children in the community, including children
who have limited English proficiency, children
with disabilities, or children with other special
needs; and
‘‘(VII) how the project will train early child-
hood educators in identifying and preventing
behavioral problems in children or working with
children identified as or suspected to be victims
of abuse;
‘‘(v) a description of—
‘‘(I) the specific objectives that the partnership
will seek to attain through the project, and the
methods that the partnership will use to measure
progress toward attainment of those objectives;
and
H. R. 1—215
‘‘(II) how the objectives and the measurement
methods align with the achievement indicators
established by the Secretary under paragraph
(6)(A);
‘‘(vi) a description of the partnership’s plan for
continuing the activities carried out under the project
after Federal funding ceases;
‘‘(vii) an assurance that, where applicable, the
project will provide appropriate professional develop-
ment to volunteers working directly with young chil-
dren, as well as to paid staff; and
‘‘(viii) an assurance that, in developing the applica-
tion and in carrying out the project, the partnership
has consulted with, and will consult with, relevant
agencies, early childhood educator organizations, and
early childhood providers that are not members of the
partnership.
‘‘(4) SELECTION OF GRANT RECIPIENTS.—
‘‘(A) CRITERIA.—The Secretary shall select partnerships
to receive grants under this subsection on the basis of
the degree to which the communities proposed to be served
require assistance and the quality of the applications sub-
mitted under paragraph (3).
‘‘(B) GEOGRAPHIC DISTRIBUTION.—In selecting partner-
ships to receive grants under this subsection, the Secretary
shall seek to ensure that communities in different regions
of the Nation, as well as both urban and rural communities,
are served.
‘‘(5) USES OF FUNDS.—
‘‘(A) IN GENERAL.—Each partnership receiving a grant
under this subsection shall use the grant funds to carry
out activities that will improve the knowledge and skills
of early childhood educators who are working in early
childhood programs that are located in high-need commu-
nities and serve concentrations of children from low-income
families.
‘‘(B) ALLOWABLE
ACTIVITIES.—Such activities may
include—
‘‘(i) professional development for early childhood
educators, particularly to familiarize those educators
with the application of recent research on child, lan-
guage, and literacy development and on early childhood
pedagogy;
‘‘(ii) professional development for early childhood
educators in working with parents, so that the edu-
cators and parents can work together to provide and
support developmentally appropriate school-readiness
services that are based on scientifically based research
on early childhood pedagogy and child development
and learning domains;
‘‘(iii) professional development for early childhood
educators to work with children who have limited
English proficiency, children with disabilities, and chil-
dren with other special needs;
H. R. 1—216
‘‘(iv) professional development to train early child-
hood educators in identifying and preventing behav-
ioral problems in children or working with children
identified as or suspected to be victims of abuse;
‘‘(v) activities that assist and support early child-
hood educators during their first 3 years in the field;
‘‘(vi) development and implementation of early
childhood educator professional development programs
that make use of distance learning and other tech-
nologies;
‘‘(vii) professional development activities related
to the selection and use of screening and diagnostic
assessments to improve teaching and learning; and
‘‘(viii) data collection, evaluation, and reporting
needed to meet the requirements of paragraph (6)
relating to accountability.
‘‘(6) ACCOUNTABILITY.—
‘‘(A) ACHIEVEMENT INDICATORS.—On the date on which
the Secretary first issues a notice soliciting applications
for grants under this subsection, the Secretary shall
announce achievement indicators for this subsection, which
shall be designed—
‘‘(i) to measure the quality and accessibility of
the professional development provided;
‘‘(ii) to measure the impact of that professional
development on the early childhood education provided
by the individuals who receive the professional develop-
ment; and
‘‘(iii) to provide such other measures of program
impact as the Secretary determines to be appropriate.
‘‘(B) ANNUAL REPORTS; TERMINATION.—
‘‘(i) ANNUAL REPORTS.—Each partnership receiving
a grant under this subsection shall report annually
to the Secretary on the partnership’s progress toward
attaining the achievement indicators.
‘‘(ii) TERMINATION.—The Secretary may terminate
a grant under this subsection at any time if the Sec-
retary determines that the partnership receiving the
grant is not making satisfactory progress toward
attaining the achievement indicators.
‘‘(7) COST-SHARING.—
‘‘(A) IN
GENERAL.—Each partnership carrying out a
project through a grant awarded under this subsection
shall provide, from sources other than the program carried
out under this subsection, which may include Federal
sources—
‘‘(i) at least 50 percent of the total cost of the
project for the grant period; and
‘‘(ii) at least 20 percent of the project cost for
each year.
‘‘(B) ACCEPTABLE CONTRIBUTIONS.—A partnership may
meet the requirements of subparagraph (A) by providing
contributions in cash or in kind, fairly evaluated, including
plant, equipment, and services.
‘‘(C) WAIVERS.—The Secretary may waive or modify
the requirements of subparagraph (A) for partnerships in
cases of demonstrated financial hardship.
H. R. 1—217
‘‘(8) FEDERAL COORDINATION.—The Secretary and the Sec-
retary of Health and Human Services shall coordinate activities
carried out through programs under this subsection with activi-
ties carried out through other early childhood programs
administered by the Secretary or the Secretary of Health and
Human Services.
‘‘(9) DEFINITIONS.—In this subsection:
‘‘(A) EARLY
CHILDHOOD
EDUCATOR.—The term ‘early
childhood educator’ means a person providing, or employed
by a provider of, nonresidential child care services
(including center-based, family-based, and in-home child
care services) that is legally operating under State law,
and that complies with applicable State and local require-
ments for the provision of child care services to children
at any age from birth through the age at which a child
may start kindergarten in that State.
‘‘(B) HIGH-NEED COMMUNITY.—
‘‘(i) IN GENERAL.—The term ‘high-need community’
means—
‘‘(I) a political subdivision of a State, or a
portion of a political subdivision of a State, in
which at least 50 percent of the children are from
low-income families; or
‘‘(II) a political subdivision of a State that
is among the 10 percent of political subdivisions
of the State having the greatest numbers of such
children.
‘‘(ii) 
DETERMINATION.—In 
determining 
which
communities are described in clause (i), the Secretary
shall use such data as the Secretary determines are
most accurate and appropriate.
‘‘(C) LOW-INCOME
FAMILY.—The term ‘low-income
family’ means a family with an income below the poverty
line for the most recent fiscal year for which satisfactory
data are available.
‘‘(f) TEACHER MOBILITY.—
‘‘(1) ESTABLISHMENT.—The Secretary is authorized to estab-
lish a panel to be known as the National Panel on Teacher
Mobility (referred to in this subsection as the ‘panel’).
‘‘(2) MEMBERSHIP.—The panel shall be composed of 12 mem-
bers appointed by the Secretary. The Secretary shall appoint
the members from among practitioners and experts with experi-
ence relating to teacher mobility, such as teachers, members
of teacher certification or licensing bodies, faculty of institutions
of higher education that prepare teachers, and State policy-
makers with such experience.
‘‘(3) PERIOD OF APPOINTMENT; VACANCIES.—Members shall
be appointed for the life of the panel. Any vacancy in the
panel shall not affect the powers of the panel, but shall be
filled in the same manner as the original appointment.
‘‘(4) DUTIES.—
‘‘(A) STUDY.—
‘‘(i) IN GENERAL.—The panel shall study strategies
for increasing mobility and employment opportunities
for highly qualified teachers, especially for States with
teacher shortages and States with school districts or
schools that are difficult to staff.
H. R. 1—218
‘‘(ii) DATA AND ANALYSIS.—As part of the study,
the panel shall evaluate the desirability and feasibility
of State initiatives that support teacher mobility by
collecting data and conducting effective analysis
concerning—
‘‘(I) teacher supply and demand;
‘‘(II) the development of recruitment and
hiring strategies that support teachers; and
‘‘(III) increasing reciprocity of certification and
licensing across States.
‘‘(B) REPORT.—Not later than 1 year after the date
on which all members of the panel have been appointed,
the panel shall submit to the Secretary and to the appro-
priate committees of Congress a report containing the
results of the study.
‘‘(5) POWERS.—
‘‘(A) HEARINGS.—The panel may hold such hearings,
sit and act at such times and places, take such testimony,
and receive such evidence as the panel considers advisable
to carry out the objectives of this subsection.
‘‘(B) INFORMATION
FROM
FEDERAL
AGENCIES.—The
panel may secure directly from any Federal department
or agency such information as the panel considers nec-
essary to carry out the provisions of this subsection. Upon
request of a majority of the members of the panel, the
head of such department or agency shall furnish such
information to the panel.
‘‘(C) POSTAL SERVICES.—The panel may use the United
States mails in the same manner and under the same
conditions as other departments and agencies of the Fed-
eral Government.
‘‘(6) PERSONNEL.—
‘‘(A) TRAVEL
EXPENSES.—The members of the panel
shall not receive compensation for the performance of serv-
ices for the panel, but shall be allowed travel expenses,
including per diem in lieu of subsistence, at rates author-
ized for employees of agencies under subchapter I of chapter
57 of title 5, United States Code, while away from their
homes or regular places of business in the performance
of services for the panel. Notwithstanding section 1342
of title 31, United States Code, the Secretary may accept
the voluntary and uncompensated services of members of
the panel.
‘‘(B) DETAIL OF GOVERNMENT EMPLOYEES.—Any Federal
Government employee may be detailed to the panel without
reimbursement, and such detail shall be without interrup-
tion or loss of civil service status or privilege.
‘‘(7) PERMANENT COMMITTEE.—Section 14 of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to
the panel.
‘‘PART B—MATHEMATICS AND SCIENCE
PARTNERSHIPS
‘‘SEC. 2201. PURPOSE; DEFINITIONS.
‘‘(a) PURPOSE.—The purpose of this part is to improve the
academic achievement of students in the areas of mathematics
H. R. 1—219
and science by encouraging State educational agencies, institutions
of higher education, local educational agencies, elementary schools,
and secondary schools to participate in programs that—
‘‘(1) improve and upgrade the status and stature of mathe-
matics and science teaching by encouraging institutions of
higher education to assume greater responsibility for improving
mathematics and science teacher education through the
establishment of a comprehensive, integrated system of
recruiting, training, and advising mathematics and science
teachers;
‘‘(2) focus on the education of mathematics and science
teachers as a career-long process that continuously stimulates
teachers’ intellectual growth and upgrades teachers’ knowledge
and skills;
‘‘(3) bring mathematics and science teachers in elementary
schools and secondary schools together with scientists, mathe-
maticians, and engineers to increase the subject matter knowl-
edge of mathematics and science teachers and improve such
teachers’ teaching skills through the use of sophisticated labora-
tory equipment and work space, computing facilities, libraries,
and other resources that institutions of higher education are
better able to provide than the elementary schools and sec-
ondary schools;
‘‘(4) develop more rigorous mathematics and science cur-
ricula that are aligned with challenging State and local aca-
demic content standards and with the standards expected for
postsecondary study in engineering, mathematics, and science;
and
‘‘(5) improve and expand training of mathematics and
science teachers, including training such teachers in the effec-
tive integration of technology into curricula and instruction.
‘‘(b) DEFINITIONS.—In this part:
‘‘(1) ELIGIBLE PARTNERSHIP.—The term ‘eligible partnership’
means a partnership that—
‘‘(A) shall include—
‘‘(i) if grants are awarded under section 2202(a)(1),
a State educational agency;
‘‘(ii) an engineering, mathematics, or science
department of an institution of higher education; and
‘‘(iii) a high-need local educational agency; and
‘‘(B) may include—
‘‘(i) another engineering, mathematics, science, or
teacher training department of an institution of higher
education;
‘‘(ii) additional local educational agencies, public
charter schools, public or private elementary schools
or secondary schools, or a consortium of such schools;
‘‘(iii) a business; or
‘‘(iv) a nonprofit or for-profit organization of dem-
onstrated effectiveness in improving the quality of
mathematics and science teachers.
‘‘(2) SUMMER WORKSHOP OR INSTITUTE.—The term ‘summer
workshop or institute’ means a workshop or institute, conducted
during the summer, that—
‘‘(A) is conducted for a period of not less than 2 weeks;
‘‘(B) includes, as a component, a program that provides
direct interaction between students and faculty; and
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‘‘(C) provides for followup training during the academic
year that is conducted in the classroom for a period of
not less than three consecutive or nonconsecutive days,
except that—
‘‘(i) if the workshop or institute is conducted during
a 2-week period, the followup training shall be con-
ducted for a period of not less than 4 days; and
‘‘(ii) if the followup training is for teachers in rural
school districts, the followup training may be conducted
through distance learning.
‘‘SEC. 2202. GRANTS FOR MATHEMATICS AND SCIENCE PARTNERSHIPS.
‘‘(a) GRANTS AUTHORIZED.—
‘‘(1) GRANTS
TO
PARTNERSHIPS.—For any fiscal year for
which the funds appropriated under section 2203 are less than
$100,000,000, the Secretary is authorized to award grants, on
a competitive basis, to eligible partnerships to carry out the
authorized activities described in subsection (c).
‘‘(2) GRANTS TO STATE EDUCATIONAL AGENCIES.—
‘‘(A) IN GENERAL.—For any fiscal year for which the
funds appropriated under section 2203 equal or exceed
$100,000,000—
‘‘(i) if an eligible partnership in the State was
previously awarded a grant under paragraph (1), and
the grant period has not ended, the Secretary shall
reserve funds in a sufficient amount to make payments
to the partnership in accordance with the terms of
the grant; and
‘‘(ii) the Secretary is authorized to award grants
to State educational agencies to enable such agencies
to award subgrants, on a competitive basis, to eligible
partnerships to carry out the authorized activities
described in subsection (c).
‘‘(B) ALLOTMENT.—The Secretary shall allot the amount
made available under this part for a fiscal year and not
reserved under subparagraph (A)(i) among the State edu-
cational agencies in proportion to the number of children,
aged 5 to 17, who are from families with incomes below
the poverty line and reside in a State for the most recent
fiscal year for which satisfactory data are available, as
compared to the number of such children who reside in
all such States for such year.
‘‘(C) MINIMUM ALLOTMENT.—The amount of any State
educational agency’s allotment under subparagraph (B) for
any fiscal year may not be less than one-half of 1 percent
of the amount made available under this part for such
year.
‘‘(3) DURATION.—The Secretary shall award grants under
this part for a period of 3 years.
‘‘(4) SUPPLEMENT, NOT SUPPLANT.—Funds received under
this part shall be used to supplement, and not supplant, funds
that would otherwise be used for activities authorized under
this part.
‘‘(b) APPLICATION REQUIREMENTS.—
‘‘(1) IN
GENERAL.—Each eligible partnership desiring a
grant or subgrant under this part shall submit an application—