106
cal year exceeds the amount appropriated
under such section (as such section existed
on the day prior to the date of enactment
of the Education Reinvestment Act) for
fiscal year 1999, to be allocated in accord-
ance with section 1124;
‘‘(B) an amount equal to the sum of—
‘‘(i) the amount made available to
carry out section 1124A (as such section
existed on the day prior to the date of en-
actment of the Education Reinvestment
Act) for fiscal year 1999; and
‘‘(ii) 3.75 percent of the amount, if
any, by which the amount appropriated
under section 1002(a) for the current fis-
cal year exceeds the amount appropriated
under such section (as such section existed
on the day prior to the date of enactment
of the Education Reinvestment Act) for
fiscal year 1999, to be allocated in accord-
ance with section 1124A; and
‘‘(C) an amount equal to 75 percent of the
amount, if any, by which the amount appro-
priated under section 1002(a) for the current
fiscal year exceeds the amount appropriated
107
under such section (as such section existed on
the day prior to the date of enactment of the
Education Reinvestment Act) for fiscal year
1999, to be allocated in accordance with section
1125.
‘‘(2) ALLOCATION
TO
LOCAL
EDUCATIONAL
AGENCIES.—Of the total amounts allocated to a
State under this part for each of fiscal years 2001
and 2002, 96.5 percent shall be allocated by the
State educational agency to local educational agen-
cies, and for each of fiscal years 2003 through 2005,
95.5 percent shall be allocated to local educational
agencies, of which—
‘‘(A) 75 percent shall be allocated in ac-
cordance with section 1125;
‘‘(B) 21.25 percent shall be allocated in ac-
cordance with section 1124; and
‘‘(C) 3.75 percent shall be allocated in ac-
cordance with section 1124A.
‘‘(b) ADJUSTMENTS WHERE NECESSITATED BY AP-
PROPRIATIONS.—
‘‘(1) IN GENERAL.—If the sums available under
this part for any fiscal year are insufficient to pay
the full amounts that all States and local edu-
cational agencies are eligible to receive under sec-
108
tions 1124, 1124A, and 1125 for such fiscal year,
the Secretary shall ratably reduce the allocations to
such States and local educational agencies, subject
to subsections (c) and (d).
‘‘(2) ADDITIONAL FUNDS.—If additional funds
become available for making payments under sec-
tions 1124, 1124A, and 1125 for such fiscal year,
allocations that were reduced under paragraph (1)
shall be increased on the same basis as they were re-
duced.
‘‘(c) HOLD-HARMLESS AMOUNTS.—
‘‘(1) GRANTS TO STATES.—The total amount
allocated to each State under this part in each fiscal
year shall not be less than the amount allocated to
each State in the preceding fiscal year.
‘‘(2) GRANTS TO LOCAL EDUCATIONAL AGEN-
CIES.—The total amount allocated to each local edu-
cational agency under this part in each fiscal year
shall not be less than the amount allocated to each
local educational agency in the preceding fiscal year.
‘‘(d) RATABLE REDUCTIONS.—
‘‘(1) IN GENERAL.—If the sums made available
under this part for any fiscal year are insufficient to
pay the full amounts that all States are eligible to
receive under subsection (c) for such year, the Sec-
109
retary shall ratably reduce such amounts for such
year.
‘‘(2) ADDITIONAL FUNDS.—If additional funds
become available for making payments under sub-
section (c) for such fiscal year, amounts that were
reduced under paragraph (1) shall be increased on
the same basis as such amounts were reduced.
‘‘(e) DEFINITION.—For the purpose of this section
and sections 1124, 1124A, and 1125, the term ‘State’
means each of the 50 States, the District of Columbia,
and the Commonwealth of Puerto Rico.’’.
SEC. 118. BASIC GRANTS TO LOCAL EDUCATIONAL AGEN-
CIES.
Section 1124 (20 U.S.C. 6333) is amended to read
as follows:
‘‘SEC. 1124. BASIC GRANTS TO LOCAL EDUCATIONAL AGEN-
CIES.
‘‘(a) AMOUNT OF GRANTS.—
‘‘(1) GRANTS FOR LOCAL EDUCATIONAL AGEN-
CIES
AND
PUERTO
RICO.—Except as provided in
paragraph (3) and in section 1126, the amount of
a grant that a local educational agency is eligible to
receive under this section for a fiscal year shall be
determined by multiplying—
110
‘‘(A) the number of children counted under
subsection (c); and
‘‘(B) 40 percent of the average per-pupil
expenditure in the State involved, except that
the amount determined under this subpara-
graph shall not be less than 32 percent or more
than 48 percent, of the average per-pupil ex-
penditure in the United States.
‘‘(2) CALCULATION OF GRANTS.—
‘‘(A) 
ALLOCATIONS
TO
LOCAL
EDU-
CATIONAL AGENCIES.—The Secretary shall cal-
culate the amount of grants under this section
on the basis of the number of children counted
under subsection (c) for local educational agen-
cies. For purposes of this subparagraph, the
Secretary and the Secretary of Commerce shall
publicly disclose the reasoning for their deter-
minations under subsection (c) in detail.
‘‘(B) ALLOCATIONS TO LARGE AND SMALL
LOCAL EDUCATIONAL AGENCIES.—
‘‘(i) APPLICATION
OF
PROVISION.—
The Secretary shall determine the amount
of grant awards under this section for each
large or small local educational agency.
111
‘‘(ii) LARGE AGENCIES.—The amount
of a grant awarded under this section for
each large local educational agency shall be
the amount determined by the Secretary
under clause (i).
‘‘(iii) SMALL
AGENCIES.—With re-
spect to the amount of a grant awarded
under this section to a small local edu-
cational agency, the State educational
agency may—
‘‘(I) provide such grant in an
amount determined by the Secretary
under clause (i); or
‘‘(II) use an alternative method
approved by the Secretary to dis-
tribute the portion of the State’s total
grants under this section that is based
on the number of small local edu-
cational agencies.
‘‘(iv) ALTERNATIVE METHOD.—An al-
ternative method approved under clause
(iii)(II) shall be based on population data
that the State educational agency deter-
mines best reflects the current distribution
of children in poor families among the
112
State’s small local educational agencies
that meet the eligibility criteria of sub-
section (b).
‘‘(v) APPEALS.—A small local edu-
cational agency that is dissatisfied with the
determination of its grant amount by the
State educational agency under clause
(iii)(II), may appeal that determination to
the Secretary, who shall respond not later
than 45 days after receipt of such appeal.
‘‘(vi) DEFINITION.—In this subpara-
graph:
‘‘(I) LARGE LOCAL EDUCATIONAL
AGENCY.—The term ‘large local edu-
cational agency’ means a local edu-
cational agency serving an area with a
total population of 20,000 or more.
‘‘(II) 
SMALL
LOCAL
EDU-
CATIONAL AGENCY.—The term ‘small
local educational agency’ means a
local educational agency serving an
area with a total population of less
than 20,000.
‘‘(3) PUERTO RICO.—
113
‘‘(A) IN GENERAL.—For each fiscal year,
the amount of the grant that the Common-
wealth of Puerto Rico shall be eligible to receive
under this section shall be determined by multi-
plying the number of children counted under
subsection (c) for the Commonwealth of Puerto
Rico by the product of—
‘‘(i) the percentage which the average
per pupil expenditure in the Common-
wealth of Puerto Rico is of the lowest aver-
age per pupil expenditure of any of the 50
States; and
‘‘(ii) 32 percent of the average per
pupil expenditure in the United States.
‘‘(B) MINIMUM
PERCENTAGE.—The per-
centage in subparagraph (A)(i) shall not be less
than—
‘‘(i) for fiscal year 2000, 75.0 percent;
‘‘(ii) for fiscal year 2001, 77.5 per-
cent;
‘‘(iii) for fiscal year 2002, 80.0 per-
cent;
‘‘(iv) for fiscal year 2003, 82.5 per-
cent; and
114
‘‘(v) for fiscal year 2004, and suc-
ceeding fiscal years, 85.0 percent.
‘‘(C) LIMITATION.—If the application of
subparagraph (B) would result in any of the 50
States or the District of Columbia receiving less
under this part than the State or District re-
ceived under this part for the preceding fiscal
year, the percentage shall be the greater of the
percentage described in subparagraph (A)(i) or
the percentage used for the preceding fiscal
year.
‘‘(4) DEFINITION.—In this subsection, the term
‘State’ does not include Guam, American Samoa, the
Virgin Islands, and the Northern Mariana Islands.
‘‘(b) MINIMUM NUMBER OF CHILDREN TO QUAL-
IFY.—A local educational agency shall be eligible for a
basic grant under this section for any fiscal year only if—
‘‘(1) there are 10 or more children counted
under subsection (c) with respect to that agency;
and
‘‘(2) such children make up more than 2 per-
cent of the total school-age population in the agen-
cy’s jurisdiction.
‘‘(c) CHILDREN TO BE COUNTED.—
116
ber of children ages 5 to 17, inclusive, from
families below the poverty level on the basis of
the most recent satisfactory data, described in
paragraph (3), that is available from the De-
partment of Commerce.
‘‘(B) SPECIAL RULES.—
‘‘(i) DISTRICT
OF
COLUMBIA
AND
PUERTO RICO.—The District of Columbia
and the Commonwealth of Puerto Rico
shall be treated as individual local edu-
cational agencies for purposes of this para-
graph.
‘‘(ii) MULTIPLE COUNTIES.—If a local
educational agency contains 2 or more
counties in their entirety, then each county
will be treated as if such county were a
separate local educational agency for pur-
poses of calculating grants under this part.
The total of grants for such counties shall
be allocated to such local educational agen-
cy and the local educational agency shall
distribute to schools in each county within
such agency a share of the local edu-
cational agency’s total grant in an amount
that is not less than the county’s share of
117
the population counts used to calculate the
local educational agency’s grant.
‘‘(3) POPULATION UPDATES.—
‘‘(A) IN GENERAL.—In fiscal year 2001,
and every 2 years thereafter, the Secretary shall
use updated data on the number of children,
ages 5 to 17, inclusive, from families below the
poverty level for local educational agencies or
counties, as published by the Department of
Commerce, unless the Secretary and the Sec-
retary of Commerce determine that the use of
the updated population data would be inappro-
priate or unreliable.
‘‘(B) CRITERIA
OF
POVERTY.—In deter-
mining the families which are below the poverty
level, the Secretary shall utilize the criteria of
poverty used by the Bureau of the Census in
compiling the most recent decennial census, in
such form as those criteria have been updated
by increases in the Consumer Price Index for
all urban consumers, published by the Bureau
of Labor Statistics.
‘‘(C) INAPPROPRIATE
OR
UNRELIABLE
DATA.—If the Secretary and the Secretary of
Commerce determine that some or all of the
118
data referred to in subparagraph (A) are inap-
propriate or unreliable, the Secretaries shall
publicly disclose the reasons for such deter-
mination.
‘‘(4) OTHER CHILDREN TO BE COUNTED.—
‘‘(A) IN GENERAL.—For the purposes of
this section, the Secretary shall—
‘‘(i) determine the number of children
ages 5 to 17, inclusive, from families above
the poverty line on the basis of the number
of such children from families receiving an
annual income in excess of the annual in-
come current criteria of poverty for pay-
ments under a State program funded
under part A of title IV of the Social Secu-
rity Act; and
‘‘(ii) in making a determination under
clause (i), utilize the criteria of poverty
used by the Bureau of the Census in com-
piling the most recent decennial census for
a family of 4 in such form as those criteria
have been updated by increases in the Con-
sumer Price Index for all urban con-
sumers, published by the Bureau of Labor
Statistics.
119
‘‘(B) CASELOAD
DATA.—The Secretary
shall determine the number of children de-
scribed in subparagraph (A) and the number of
children ages 5 to 17, inclusive, living in insti-
tutions for neglected or delinquent children, or
being supported in foster homes with public
funds, on the basis of the caseload data for the
month of October of the year preceding the fis-
cal year for which the determination is being
made (using, in the case of children described
in the preceding sentence, the criteria of pov-
erty and the form of such criteria required by
such sentence which were determined for the
calendar year preceding such month of October)
or, to the extent that such data are not avail-
able to the Secretary before January of the cal-
endar year in which the Secretary’s determina-
tion is made, then on the basis of the most re-
cent reliable data available to the Secretary at
the time of such determination. For the purpose
of this section, the Secretary shall consider all
children who are in correctional institutions to
be living in institutions for delinquent children.
‘‘(C) COLLECTION AND TRANSMISSION OF
DATA.—The Secretary of Health and Human
120
Services shall collect and transmit the informa-
tion required by this subparagraph to the Sec-
retary not later than January 1 of each year.
‘‘(5) ESTIMATE.—When requested by the Sec-
retary, the Secretary of Commerce shall make a spe-
cial updated estimate of the number of children of
such ages who are from families below the poverty
level in each school district, and the Secretary may
pay (either in advance or by way of reimbursement)
the Secretary of Commerce the cost of making this
special estimate. The Secretary of Commerce shall
give consideration to any request of the chief execu-
tive of a State for the collection of additional census
information.
‘‘(d) STATE
MINIMUM.—Notwithstanding section
1122, the aggregate amount allotted for all local edu-
cational agencies within a State may not be less than the
lesser of—
‘‘(1) 0.25 percent of total amount of grants
awarded under this section; or
‘‘(2) the average of—
‘‘(A) one-quarter of 1 percent of the total
amount available for such fiscal year under this
section; and
121
‘‘(B) the number of children in such State
counted under subsection (c) in the fiscal year
multiplied by 150 percent of the national aver-
age per pupil payment made with funds avail-
able under this section for that year.’’.
SEC. 119. CONCENTRATION GRANTS.
Section 1124A (20 U.S.C. 6334) is amended to read
as follows:
‘‘SEC. 1124A. CONCENTRATION GRANTS TO LOCAL EDU-
CATIONAL AGENCIES.
‘‘(a) ELIGIBILITY FOR AND AMOUNT OF GRANTS.—
‘‘(1) ELIGIBILITY.—
‘‘(A) IN GENERAL.—Except as otherwise
provided in this paragraph, each local edu-
cational agency in a State other than Guam,
American Samoa, the Virgin Islands, and the
Commonwealth of the Northern Mariana Is-
lands, that is eligible for a grant under section
1124 for any fiscal year shall be eligible for an
additional grant under this section for that fis-
cal year if the number of children counted
under section 1124(c) with respect to the agen-
cy exceeds—
‘‘(i) 6,500; or
122
‘‘(ii) 15 percent of the total number of
children ages 5 through 17, inclusive, in
the agency.
‘‘(B) 
MINIMUM
AMOUNT.—Notwith-
standing section 1122, no State described in
subparagraph (A) shall receive an amount
under this section that is less than the lesser
of—
‘‘(i) 0.25 percent of the total amount
of grants awarded under this section; or
‘‘(ii) the average of—
‘‘(I) one-quarter of 1 percent of
the amounts made available to carry
out this section for such fiscal year;
and
‘‘(II) the greater of—
‘‘(aa) $340,000; or
‘‘(bb) the number of children in
such State counted for purposes
of this section in that fiscal year
multiplied by 150 percent of the
national average per pupil pay-
ment made with funds available
under this section for that year.
123
‘‘(2) SPECIAL
RULE.—For each local edu-
cational agency eligible to receive an additional
grant under this section for any fiscal year the Sec-
retary shall determine the product of—
‘‘(A) the number of children counted under
section 1124(c) for that fiscal year; and
‘‘(B) the quotient resulting from the divi-
sion of the amount determined for those agen-
cies under section 1124(a)(1) for the fiscal year
for which the determination is being made di-
vided by the total number of children counted
under section 1124(c) for that agency for that
fiscal year.
‘‘(3) AMOUNT.—The amount of an additional
grant for which an eligible local educational agency
is eligible under this section for any fiscal year shall
be an amount that bears the same ratio to the
amount available to carry out this section for that
fiscal year as the product determined under para-
graph (2) for such local educational agency for that
fiscal year bears to the sum of such product for all
local educational agencies in the United States for
that fiscal year.
124
‘‘(4) LOCAL
ALLOCATIONS.—Grant amounts
under this section shall be determined in accordance
with section 1124(a)(2) and (3).
‘‘(b) STATES RECEIVING MINIMUM GRANTS.—With
respect to a State that receives a grant for the minimum
amount under subsection (a)(1)(B), the State educational
agency shall allocate such amount among the local edu-
cational agencies in each State either—
‘‘(1) in accordance with paragraphs (2) and (4)
of subsection (a); or
‘‘(2) based on their respective concentrations
and numbers of children counted under section
1124(c), except that only those local educational
agencies with concentrations or numbers of children
counted under section 1124(c) that exceed the state-
wide average percentage of such children or the
statewide average number of such children shall re-
ceive any funds on the basis of this paragraph.’’.
SEC. 120. TARGETED GRANTS.
Section 1125 (20 U.S.C 6335) is amended to read
as follows:
‘‘SEC. 1125. TARGETED GRANTS TO LOCAL EDUCATIONAL
AGENCIES.
‘‘(a) ELIGIBILITY OF LOCAL EDUCATIONAL AGEN-
CIES.—A local educational agency in a State shall be eligi-
125
ble to receive a targeted grant under this section for any
fiscal year if the number of children in the local edu-
cational agency counted under subsection 1124(c), before
the application of the weighting factor described in sub-
section (c), is at least 10, and if the number of children
counted for grants under section 1124 is at least 5 percent
of the total population age 5 to 17 years, inclusive, in the
local educational agency.
‘‘(b) GRANTS FOR LOCAL EDUCATIONAL AGENCIES,
THE DISTRICT OF COLUMBIA, AND PUERTO RICO.—
‘‘(1) IN
GENERAL.—The amount of a grant
that a local educational agency in a State or that the
District of Columbia is eligible to receive under this
section for any fiscal year shall be equal to the prod-
uct of—
‘‘(A) the weighted child count determined
under subsection (c); and
‘‘(B) the amount determined under section
1124(a)(1)(B).
‘‘(2) PUERTO RICO.—For each fiscal year, the
amount of the grant for which the Commonwealth of
Puerto Rico is eligible to receive under this section
shall be equal to the number of children counted
under subsection (c) for Puerto Rico, multiplied by
the amount determined under section 1124(a)(4).
126
‘‘(c) WEIGHTED CHILD COUNT.—
‘‘(1) IN GENERAL.—For each fiscal year, the
weighted child count used to determine a local edu-
cational agency’s grant under this section shall be
equal to the sum of—
‘‘(A) the number of children determined
under section 1124(c) for that local educational
agency constituting up to 14.265 percent, inclu-
sive, of the agency’s total population ages 5 to
17, inclusive, multiplied by 1.0;
‘‘(B) the number of such children consti-
tuting more than 14.265 percent, but not more
than 21.553 percent, of such population, multi-
plied by 1.75;
‘‘(C) the number of such children consti-
tuting more than 21.553 percent, but not more
than 29.223 percent, of such population, multi-
plied by 2.5;
‘‘(D) the number of such children consti-
tuting more than 29.223 percent, but not more
than 36.538 percent, of such population, multi-
plied by 3.25; and
‘‘(E) the number of such children consti-
tuting more than 36.538 percent of such popu-
lation, multiplied by 4.0.
127
‘‘(2) PUERTO RICO.—Notwithstanding subpara-
graph (A), the weighted child count for Puerto Rico
under this paragraph shall not be greater than the
total number of children counted under section
1124(c) multiplied by 1.72.
‘‘(d) CALCULATION OF GRANT AMOUNTS.—Grants
under this section shall be calculated in accordance with
section 1124(a)(2) and (3).
‘‘(e) STATE MINIMUM.—Notwithstanding any other
provision of this section or section 1122, from the total
amount made available for any fiscal year to carry out
this section, each State shall be allotted at least the lesser
of—
‘‘(1) 0.25 percent of the total amount of grants
awarded under this section; or
‘‘(2) the average of—
‘‘(A) one-quarter of 1 percent of the total
amount available for such fiscal year to carry
out this section; and
‘‘(B) 150 percent of the national average
grant under this section per child described in
section 1124(c), without application of a
weighting factor, multiplied by the State’s total
number 
of 
children 
described 
in 
section
128
1124(c), without application of a weighting fac-
tor.’’.
SEC. 121. SPECIAL ALLOCATION PROCEDURES.
Section 1126 (20 U.S.C. 6337) is amended to read
as follows:
‘‘SEC. 1126. SPECIAL ALLOCATION PROCEDURES.
‘‘(a) ALLOCATIONS FOR NEGLECTED CHILDREN.—
‘‘(1) IN
GENERAL.—If a State educational
agency determines that a local educational agency in
the State is unable or unwilling to provide for the
special educational needs of children who are living
in institutions for neglected children as described in
subparagraph (B) of section 1124(c)(1), the State
educational agency shall, if such agency assumes re-
sponsibility for the special educational needs of such
children, receive the portion of such local educational
agency’s allocation under sections 1124, 1124A, and
1125 that is attributable to such children.
‘‘(2) SPECIAL RULE.—If the State educational
agency does not assume the responsibility described
in paragraph (1), any other State or local public
agency that does assume such responsibility shall re-
ceive that portion of the local educational agency’s
allocation.
129
‘‘(b) ALLOCATIONS AMONG LOCAL EDUCATIONAL
AGENCIES.—The State educational agency may allocate
the amounts of grants under sections 1124, 1124A, and
1125 among the affected local educational agencies—
‘‘(1) if 2 or more local educational agencies
serve, in whole or in part, the same geographical
area;
‘‘(2) if a local educational agency provides free
public education for children who reside in the
school district of another local educational agency;
or
‘‘(3) to reflect the merger, creation, or change
of boundaries of 1 or more local educational agen-
cies.
‘‘(c) REALLOCATION.—If a State educational agency
determines that the amount of a grant that a local edu-
cational agency would receive under sections 1124, 1124A,
and 1125 is more than such local agency will use, the
State educational agency shall make the excess amount
available to other local educational agencies in the State
that need additional funds in accordance with criteria es-
tablished by the State educational agency.’’.
132
(A) in paragraph (6), by striking ‘‘section
14701’’ and inserting ‘‘section 8701’’; and
(B) in paragraph (7), by striking ‘‘section
14501’’ and inserting ‘‘section 8501’’.
SEC. 152. USE OF FUNDS.
Section 1415(a)(2)(D) (20 U.S.C. 6435(a)(2)(D)) is
amended by striking ‘‘section 14701’’ and inserting ‘‘sec-
tion 8701’’.
PART E—FEDERAL EVALUATIONS,
DEMONSTRATIONS, AND TRANSITION PROJECTS
SEC. 161. EVALUATIONS.
Section 1501 (20 U.S.C. 6491) is amended—
(1) in subsection (a)(4)—
(A) by striking ‘‘January 1, 1996’’ and in-
serting ‘‘January 1, 2002’’; and
(B) by striking ‘‘January 1, 1999’’ and in-
serting ‘‘January 1, 2005’’;
(2) in subsection (b)(1), by striking ‘‘December
31, 1997’’ and inserting ‘‘December 31, 2003’’; and
(3) in subsection (e)(2), by striking ‘‘December
31, 1996’’ and inserting ‘‘December 31, 2002’’.
SEC. 162. DEMONSTRATIONS OF INNOVATIVE PRACTICES.
Section 1502 (20 U.S.C. 6492) is amended to read
as follows:
133
‘‘SEC. 1502. COMPREHENSIVE SCHOOL REFORM.
‘‘(a) FINDINGS AND PURPOSE.—
‘‘(1) FINDINGS.—Congress finds the following:
‘‘(A) A number of schools across the coun-
try have shown impressive gains in student per-
formance through the use of comprehensive
models for schoolwide change that incorporate
virtually all aspects of school operations.
‘‘(B) No single comprehensive school re-
form model may be suitable for every school,
however, schools should be encouraged to exam-
ine successful, externally developed comprehen-
sive school reform approaches as they under-
take comprehensive school reform.
‘‘(C) Comprehensive school reform is an
important means by which children are assisted
in meeting challenging State student perform-
ance standards.
‘‘(2) PURPOSE.—The purpose of this section is
to provide financial incentives for schools to develop
comprehensive school reforms, based upon scientif-
ically based research and effective practices that in-
clude an emphasis on basic academics and parental
involvement so that all children can meet challenging
State content and performance standards.
‘‘(b) PROGRAM AUTHORIZED.—
134
‘‘(1) IN GENERAL.—The Secretary is authorized
to provide grants to State educational agencies to
provide subgrants to local educational agencies to
carry out the purpose described in subsection (a)(2).
‘‘(2) ALLOCATION.—
‘‘(A) RESERVATION.—Of the amount ap-
propriated under this section, the Secretary
may reserve—
‘‘(i) not more than 1 percent for
schools supported by the Bureau of Indian
Affairs and in the United States Virgin Is-
lands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana
Islands; and
‘‘(ii) not more than 1 percent to con-
duct national evaluation activities de-
scribed under subsection (e).
‘‘(B) IN
GENERAL.—Of the amount of
funds remaining after the reservation under
subparagraph (A), the Secretary shall allocate
to each State for a fiscal year, an amount that
bears the same ratio to the amount appro-
priated for that fiscal year as the amount made
available under section 1124 to the State for
the preceding fiscal year bears to the total
135
amount allocated under section 1124 to all
States for that year.
‘‘(C) REALLOCATION.—If a State does not
apply for funds under this section, the Sec-
retary shall reallocate such funds to other
States that do apply in proportion to the
amount allocated to such States under subpara-
graph (B).
‘‘(c) STATE AWARDS.—
‘‘(1) STATE APPLICATION.—
‘‘(A) IN
GENERAL.—Each State edu-
cational agency that desires to receive a grant
under this section shall submit an application to
the Secretary at such time, in such manner and
containing such other information as the Sec-
retary may reasonably require.
‘‘(B) CONTENTS.—Each State application
shall also describe—
‘‘(i) 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 section;
‘‘(ii) how the agency will ensure that
only comprehensive school reforms that are
136
based on scientifically based research re-
ceive funds under this section;
‘‘(iii) how the agency will disseminate
materials regarding information on com-
prehensive school reforms that are based
on scientifically based research;
‘‘(iv) how the agency will evaluate the
implementation of such reforms and meas-
ure the extent to which the reforms re-
sulted in increased student academic per-
formance; and
‘‘(v) how the agency will provide, upon
request, technical assistance to the local
educational agency in evaluating, devel-
oping, and implementing comprehensive
school reform.
‘‘(2) USES OF FUNDS.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (E), a State educational agency
that receives an award under this section shall
use such funds to provide competitive grants to
local educational agencies receiving funds under
part A.
‘‘(B) GRANT REQUIREMENTS.—A grant to
a local educational agency shall be—
137
‘‘(i) of sufficient size and scope to
support the initial costs for the particular
comprehensive school reform plan selected
or designed by each school identified in the
application of the local educational agency;
‘‘(ii) in an amount not less than
$50,000 to each participating school; and
‘‘(iii) renewable for two additional 1-
year periods after the initial 1-year grant
is made if schools are making substantial
progress in the implementation of their re-
forms.
‘‘(C) PRIORITY.—The State, in awarding
grants under this paragraph, shall give priority
to local educational agencies that—
‘‘(i) plan to use the funds in schools
identified as being in need of improvement
or corrective action under section 1116(c);
and
‘‘(ii) demonstrate a commitment to
assist schools with budget allocation, pro-
fessional development, and other strategies
necessary to ensure the comprehensive
school reforms are properly implemented
and are sustained in the future.
139
‘‘(d) LOCAL AWARDS.—
‘‘(1) IN
GENERAL.—Each local educational
agency that applies for a subgrant under this section
shall—
‘‘(A) identify which schools eligible for
funds under part A plan to implement a com-
prehensive school reform program, including the
projected costs of such a program;
‘‘(B) describe the scientifically based com-
prehensive school reforms that such schools will
implement;
‘‘(C) describe how the agency will provide
technical assistance and support for the effec-
tive implementation of the scientifically based
school reforms selected by such schools; and
‘‘(D) describe how the agency will evaluate
the implementation of such reforms and meas-
ure the results achieved in improving student
academic performance.
‘‘(2) COMPONENTS OF THE PROGRAM.—A local
educational agency that receives a subgrant award
under this section shall provide such funds to
schools that implement a comprehensive school re-
form program that—
140
‘‘(A) employs innovative strategies and
proven methods for student learning, teaching,
and school management that are based on sci-
entifically based research and effective practices
and have been replicated successfully in schools
with diverse characteristics;
‘‘(B) integrates a comprehensive design for
effective school functioning, including instruc-
tion, assessment, classroom management, pro-
fessional development, parental involvement,
and school management, that aligns the school’s
curriculum, technology, professional develop-
ment into a comprehensive reform plan for
schoolwide change designed to enable all stu-
dents to meet challenging State content and
challenging student performance standards and
addresses needs identified through a school
needs assessment;
‘‘(C) provides high-quality and continuous
teacher and staff professional development;
‘‘(D) includes measurable goals for student
performance and benchmarks for meeting such
goals;
‘‘(E) is supported by teachers, principals,
administrators, and other professional staff;
141
‘‘(F) provides for the meaningful involve-
ment of parents and the local community in
planning and implementing school improvement
activities;
‘‘(G) uses high quality external technical
support and assistance from an entity, which
may be an institution of higher education, with
experience and expertise in schoolwide reform
and improvement;
‘‘(H) includes a plan for the evaluation of
the implementation of school reforms and the
student results achieved; and
‘‘(I) identifies how other resources, includ-
ing Federal, State, local, and private resources,
available to the school will be used to coordinate
services to support and sustain the school re-
form effort.
‘‘(3) SPECIAL
RULE.—A school that receives
funds to develop a comprehensive school reform pro-
gram shall not be limited to using the approaches
identified or developed by the Department of Edu-
cation, but may develop its own comprehensive
school reform programs for schoolwide change that
comply with paragraph (2).
‘‘(e) EVALUATION AND REPORT.—
142
‘‘(1) IN GENERAL.—The Secretary shall develop
a plan for a national evaluation of the programs de-
veloped pursuant to this section.
‘‘(2) EVALUATION.—This national evaluation
shall evaluate the implementation and results
achieved by schools after 3 years of implementing
comprehensive school reforms, and assess the effec-
tiveness of comprehensive school reforms in schools
with diverse characteristics.
‘‘(3) REPORTS.—Prior to the completion of a
national evaluation, the Secretary shall submit an
interim report outlining first year implementation
activities to the Committees on Education and the
Workforce and Appropriations of the House of Rep-
resentatives and the Committees on Health, Edu-
cation, Labor, and Pensions and Appropriations of
the Senate.
‘‘(f) DEFINITION.—The term ‘scientifically based
research’—
‘‘(1) means the application of rigorous, system-
atic, and objective procedures in the development of
comprehensive school reform models; and
‘‘(2) shall include research that—
‘‘(A) employs systematic, empirical meth-
ods that draw on observation or experiment;
143
‘‘(B) involves rigorous data analyses that
are adequate to test the stated hypotheses and
justify the general conclusions drawn;
‘‘(C) relies on measurements or observa-
tional methods that provide valid data across
evaluators and observers and across multiple
measurements and observations; and
‘‘(D) has been accepted by a peer-reviewed
journal or approved by a panel of independent
experts through a comparably rigorous, objec-
tive, and scientific review.
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—Funds
appropriated for any fiscal year under section 1002(f)
shall be used for carrying out the activities under this sec-
tion.’’.
PART F—RURAL EDUCATION DEVELOPMENT
INITIATIVE
SEC. 171. RURAL EDUCATION DEVELOPMENT INITIATIVE.
Title I (20 U.S.C. 6301 et seq.) is amended—
(1) by redesignating part F (20 U.S.C. 6511 et
seq.) as part G;
(2) by redesignating sections 1601 through
1604 (20 U.S.C. 6511, 6514) as sections 1701
through 1704, respectively, and by redesignating ac-
144
cordingly the references to such sections in part G
(as so redesignated); and
(3) by inserting after part E (20 U.S.C. 6491
et seq.) the following:
‘‘PART F—RURAL EDUCATION DEVELOPMENT
INITIATIVE
‘‘SEC. 1601. FINDINGS.
‘‘Congress makes the following findings:
‘‘(1) The National Center for Educational Sta-
tistics reports that 46 percent of our Nation’s public
elementary schools and secondary schools serve rural
areas.
‘‘(2) While there are rural education initiatives
identified at the State and local level, no Federal
education policy focuses on the specific and unique
needs of rural school districts and schools, especially
those that serve poor students.
‘‘(3) A critical problem for rural school districts
involves the hiring and retention of qualified admin-
istrators and certified teachers, especially in science
and mathematics. Consequently, teachers in rural
schools are almost twice as likely to provide instruc-
tion in 3 or more subject areas than teachers in
urban schools. Rural schools also face other tough
challenges, such as shrinking local tax bases, high
145
transportation costs, aging buildings, limited course
offerings, and limited resources.
‘‘(4) Data from the National Assessment of
Educational Progress (NAEP) consistently shows
large gaps between the achievement of students in
high poverty schools and those in other schools.
High-poverty schools will face special challenges in
preparing their students to reach high standards of
performance on State and national assessments.
‘‘SEC. 1602. DEFINITIONS.
‘‘In this part:
‘‘(1) ELIGIBLE
LOCAL
EDUCATIONAL
AGEN-
CY.—The term ‘eligible local educational agency’
means a local educational agency that serves—
‘‘(A) a school-age population, not less than
15 percent of which consists of students from
families with incomes below the poverty line;
and
‘‘(B)(i) a rural locality; or
‘‘(ii) a school-age population of not more
than 800 students.
‘‘(2) METROPOLITAN AREA.—The term ‘metro-
politan area’ means an area defined as such by the
Secretary of Commerce.
146
‘‘(3) POVERTY LINE.—The term ‘poverty line’
means the poverty line (as defined by the Office of
Management and Budget, and revised annually in
accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2))) ap-
plicable to a family of the size involved.
‘‘(4) RURAL LOCALITY.—The term ‘rural local-
ity’ means a locality that is not within a metropoli-
tan area.
‘‘(5) STATE.—The term ‘State’ means each of
the several States of the United States, the District
of Columbia, and the Commonwealth of Puerto Rico.
‘‘(6) SCHOOL
AGE
POPULATION.—The term
‘school age population’ means the number of stu-
dents aged 5 through 17.
‘‘SEC. 1603. PROGRAM AUTHORIZED.
‘‘(a) GRANTS AUTHORIZED.—The Secretary shall
award grants, from allotments under subsection (b)(2), to
each State having an application approved under section
1604 to enable the State educational agency to award
grants to eligible local educational agencies to carry out
local authorized activities described in section 1605(b).
‘‘(b) RESERVATION AND ALLOTMENTS.—
‘‘(1) RESERVATION.—From amounts appro-
priated under section 1608 for each fiscal year, the
147
Secretary shall reserve 1⁄2 of 1 percent of such
amount for payments to the Secretary of the Inte-
rior for activities approved by the Secretary, con-
sistent with this subpart, in elementary schools and
secondary schools operated or supported by the Bu-
reau of Indian Affairs, on the basis of their respec-
tive needs for assistance under this part.
‘‘(2) ALLOTMENTS.—
‘‘(A) IN
GENERAL.—From the amounts
appropriated under section 1608 for each fiscal
year that remain after making the reservation
under paragraph (1), the Secretary shall allot
to each State having an application approved
under section 1604 an amount that bears the
same relationship to the remainder as the
school age population served by eligible local
educational agencies in the State bears to the
school age population served by eligible local
educational agencies in all States.
‘‘(B) DATA.—In determining the school
age population under subparagraph (A), the
Secretary shall use the most recent data avail-
able from the Bureau of the Census.
‘‘(c) DIRECT AWARDS TO ELIGIBLE LOCAL EDU-
CATIONAL AGENCIES.—
148
‘‘(1) NONPARTICIPATING
STATE.—If a State
educational agency for a fiscal year elects not to par-
ticipate in a program under this section, or does not
have an application approved under section 1604, an
eligible local educational agency in such State desir-
ing a grant under this part for the fiscal year shall
apply directly to the Secretary to receive a grant
under this subsection.
‘‘(2) DIRECT
AWARDS.—The Secretary may
award, on a competitive basis, the amount the State
educational agency is eligible to receive under sub-
section (b)(2) directly to eligible local educational
agencies in the State desiring a grant under para-
graph (1).
‘‘(3) ADMINISTRATIVE
FUNDS.—An eligible
local educational agency that receives a direct grant
under this subsection may use not more than 1 per-
cent of the grant funds for the administrative costs
of carrying out this part in the first year the agency
receives a grant under this subsection and 0.5 per-
cent for such costs in the second and each suc-
ceeding such year.
‘‘(d) RELATION TO OTHER FEDERAL FUNDING.—
Funds received under this part by a State educational
agency or an eligible local educational agency shall not be
149
taken into consideration in determining the eligibility for,
or amount of, any other Federal funding awarded to such
agencies.
‘‘SEC. 1604. APPLICATIONS.
‘‘(a) IN GENERAL.—Each State educational agency
desiring a grant under section 1603 and eligible local edu-
cational agency desiring a grant under section 1603(c)
shall submit an application to the Secretary at such time,
in such manner, and accompanied by such information as
the Secretary may require.
‘‘(b) CONTENTS.—Each application submitted under
subsection (a) shall—
‘‘(1) specify annual, measurable performance
goals and objectives, at a minimum, with respect
to—
‘‘(A) increased student academic achieve-
ment;
‘‘(B) decreased gaps in achievement be-
tween minority and non-minority students, and
between economically disadvantaged and non-
economically disadvantaged students; and
‘‘(C) other factors that the State edu-
cational agency or eligible local educational
agency may choose to measure;
150
‘‘(2) describe how the State educational agency
or eligible local educational agency will hold local
educational agencies and elementary schools or sec-
ondary schools receiving funds under this part ac-
countable for meeting the annual, measurable goals
and objectives;
‘‘(3) describe how the State educational agency
or eligible local educational agency will provide tech-
nical assistance for a local educational agency, an el-
ementary school, or a secondary school that does not
meet the annual, measurable goals and objectives;
and
‘‘(4) describe how the State educational agency
or eligible local educational agency will take action
against a local educational agency, an elementary
school, or a secondary school, if the local educational
agency or school fails, over 2 consecutive years, to
meet the annual, measurable goals and objectives.
‘‘SEC. 1605. WITHIN-STATE ALLOCATIONS.
‘‘(a) ALLOCATIONS.—A State educational agency
shall award grants under this part to eligible local edu-
cational agencies within the State according to a formula
developed by the State educational agency and approved
by the Secretary.
151
‘‘(b) USES OF FUNDS.—Grant funds awarded to eli-
gible local educational agencies or made available to ele-
mentary schools and secondary schools under this section
shall be used for—
‘‘(1) educational technology, including software
and hardware;
‘‘(2) professional development;
‘‘(3) technical assistance;
‘‘(4) recruitment and retention of fully qualified
teachers, as defined in title II, and highly qualified
principals;
‘‘(5) parental involvement activities; or
‘‘(6) academic enrichment or other education
programs.
‘‘(c) RESERVATION OF ADMINISTRATIVE FUNDS.—
‘‘(1) FIRST YEAR.—For the first year that a
State educational agency receives a grant under this
part, the agency—
‘‘(A) shall use not less than 99 percent of
the grant funds to award grants to eligible local
educational agencies in the State; and
‘‘(B) may use not more than 1 percent for
State activities and the administrative costs of
carrying out this part.
152
‘‘(2) SUCCEEDING YEARS.—For the second and
each succeeding year that a State educational agen-
cy receives a grant under this part, the agency—
‘‘(A) shall use not less than 99.5 percent
of the grant funds to award grants to eligible
local educational agencies in the State; and
‘‘(B) may use not more than 0.5 percent of
the grant funds for State activities and the ad-
ministrative costs of carrying out this part.
‘‘SEC. 1606. ACCOUNTABILITY.
The Secretary, at the end of the third year that a
State educational agency or an eligible local educational
agency receiving a direct award under section 1603(c) par-
ticipates in the program under this part, shall permit only
those State educational agencies and eligible local edu-
cational agencies that meet their annual, measurable goals
and objectives for 2 consecutive years to receive grant
funds for the fourth or fifth fiscal years of the program
under this part.
‘‘SEC. 1607. REPORTS.
‘‘(a) STATE
REPORTS.—Each State educational
agency that receives a grant under this part shall provide
an annual report to the Secretary. The report shall
describe—
153
‘‘(1) the method the State educational agency
used to award grants to eligible local educational
agencies and to provide assistance to elementary
schools and secondary schools under this part;
‘‘(2) how eligible local educational agencies and
elementary schools and secondary schools within the
State used the grant funds provided under this part;
and
‘‘(3) the degree to which progress has been
made toward meeting the annual, measurable goals
and objectives described in the State application.
‘‘(b) REPORTS
FROM
ELIGIBLE
LOCAL
EDU-
CATIONAL AGENCIES.—Each eligible local educational
agency receiving a grant under section 1603(c) shall pro-
vide an annual report to the Secretary. Such report shall
describe—
‘‘(1) how such agency used the grant funds pro-
vided under this part;
‘‘(2) the degree to which progress has been
made toward meeting the annual, measurable goals
and objectives described in the eligible local edu-
cational agency’s application; and
‘‘(3) how the local educational agency coordi-
nated funds received under this part with other Fed-
eral, State, and local funds.
154
‘‘(c) REPORT TO CONGRESS.—The Secretary shall
prepare and submit to Congress an annual report setting
forth the information provided to the Secretary pursuant
to subsections (a) and (b).
‘‘(d) STUDY.—The Comptroller General of the United
States shall conduct a study regarding the impact of as-
sistance provided under this part on student achievement,
and shall submit such study to Congress.
‘‘SEC. 1608. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
this part $200,000,000 for fiscal year 2001 and such sums
as may be necessary for each of the 4 succeeding fiscal
years.’’.
PART G—GENERAL PROVISIONS
SEC. 181. FEDERAL REGULATIONS.
Section 1701(b)(4) (20 U.S.C. 6511(b)(4)) (as redes-
ignated by section 161(2)) is amended by striking ‘‘July
1, 1995’’ and inserting ‘‘May 1, 2000’’.
SEC. 182. STATE ADMINISTRATION.
Section 1703 (20 U.S.C. 6513) (as redesignated by
section 161(2)) is amended by striking subsection (c).
155
TITLE II—TEACHER AND PRIN-
CIPAL 
QUALITY, 
PROFES-
SIONAL DEVELOPMENT, AND
CLASS SIZE
SEC. 201. TEACHER AND PRINCIPAL QUALITY, PROFES-
SIONAL DEVELOPMENT, AND CLASS SIZE.
Title II (20 U.S.C. 6601 et seq.) is amended to read
as follows:
‘‘TITLE II—TEACHER AND PRIN-
CIPAL 
QUALITY, 
PROFES-
SIONAL DEVELOPMENT, AND
CLASS SIZE
‘‘SEC. 2001. PURPOSE.
‘‘The purpose of this title is to provide grants to
State educational agencies and local educational agencies
in order to assist their efforts to increase student academic
achievement through such strategies as improving teacher
and principal quality, increasing professional development,
and decreasing class size.
‘‘SEC. 2002. DEFINITIONS.
‘‘In this title:
‘‘(1) FULLY QUALIFIED.—The term ‘fully quali-
fied’ means—
‘‘(A) in the case of an elementary school
teacher (other than a teacher teaching in a pub-
156
lic charter school), a teacher who, at a
minimum—
‘‘(i) has obtained State certification
(which may include certification obtained
through alternative means), or a State li-
cense, to teach in the State in which the
teacher teaches;
‘‘(ii) holds a bachelor’s degree from
an institution of higher education; and
‘‘(iii) demonstrates subject matter
knowledge, teaching knowledge, and the
teaching skills required to teach effectively
reading, writing, mathematics, science, so-
cial studies, and other elements of a liberal
arts education; and
‘‘(B) in the case of a secondary school
teacher (other than a teacher teaching in a pub-
lic charter school), a teacher who, at a
minimum—
‘‘(i) has obtained State certification
(which may include certification obtained
through alternative means), or a State li-
cense, to teach in the State in which the
teacher teaches;
157
‘‘(ii) holds a bachelor’s degree from
an institution of higher education; and
‘‘(iii) demonstrates a high level of
competence in all subject areas in which
the teacher teaches through—
‘‘(I) completion of an academic
major (or courses totaling an equiva-
lent number of credit hours) in each
of the subject areas in which the
teacher provides instruction;
‘‘(II) achievement of a high level
of performance in other professional
employment experience in subject
areas relevant to the subject areas in
which the teacher provides instruc-
tion; or
‘‘(III) achievement of a high level
of performance on rigorous academic
subject area tests administered by the
State in which the teacher teaches.
‘‘(2) INSTITUTION OF HIGHER EDUCATION.—
The term ‘institution of higher education’ means an
institution of higher education, as defined in section
101 of the Higher Education Act of 1965, that—
158
‘‘(A) has not been identified as low per-
forming under section 208 of the Higher Edu-
cation Act of 1965; and
‘‘(B) is in full compliance with the public
reporting requirements described in section 207
of the Higher Education Act of 1965.
‘‘(3) OUTLYING
AREA.—The term ‘outlying
area’ means the United States Virgin Islands,
Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands.
‘‘(4) POVERTY LINE.—The term ‘poverty line’
means the poverty line (as defined by the Office of
Management and Budget, and revised annually in
accordance with section 673(2) of the Community
Services Block Grant Act) applicable to a family of
the size involved, for the most recent year.
‘‘(5) SCHOOL-AGE
POPULATION.—The term
‘school-age population’ means the population aged 5
through 17, as determined on the basis of the most
recent satisfactory data.
‘‘(6) STATE.—The term ‘State’ means each of
the several States in the United States, the District
of Columbia, and the Commonwealth of Puerto Rico.
159
‘‘PART A—TEACHER AND PRINCIPAL QUALITY
AND PROFESSIONAL DEVELOPMENT
‘‘SEC. 2011. PROGRAM AUTHORIZED.
‘‘(a) GRANTS AUTHORIZED.—The Secretary shall
award a grant, from allotments made under subsection
(b), to each State having a State plan approved under sec-
tion 2013, to enable the State to raise the quality of, and
provide professional development opportunities for, public
elementary school and secondary school teachers, prin-
cipals, and administrators.
‘‘(b) RESERVATIONS AND ALLOTMENTS.—
‘‘(1) RESERVATIONS.—From the amount appro-
priated under section 2023 to carry out this part for
each fiscal year, the Secretary shall reserve—
‘‘(A) 1⁄2 of 1 percent of such amount for
payments to the Bureau of Indian Affairs for
activities, approved by the Secretary, consistent
with this part;
‘‘(B) 1⁄2 of 1 percent of such amount for
payments to outlying areas, to be allotted in ac-
cordance with their respective needs as deter-
mined by the Secretary, for activities, approved
by the Secretary, consistent with this part; and
‘‘(C) such sums as may be necessary to
continue to support any multiyear partnership
program award made under parts A, C, and D
160
(as such parts were in effect on the day pre-
ceding the date of enactment of the Education
Reinvestment Act) until the termination of the
multiyear award.
‘‘(2) STATE ALLOTMENTS.—From the amount
appropriated under section 2023 for a fiscal year
and remaining after the Secretary makes reserva-
tions under paragraph (1), the Secretary shall allot
to each State having a State plan approved under
section 2013 the sum of—
‘‘(A) an amount that bears the same rela-
tionship to 50 percent of the remainder as the
school-age population from families with in-
comes below the poverty line in the State bears
to the school-age population from families with
incomes below the poverty line in all States; and
‘‘(B) an amount that bears the same rela-
tionship to 50 percent of the remainder as the
school-age population in the State bears to the
school-age population in all States.
‘‘(c) STATE MINIMUM.—For any fiscal year, no State
shall be allotted under this section an amount that is less
than 1⁄2 of 1 percent of the total amount allotted to all
States under subsection (b)(2).
161
‘‘(d) HOLD-HARMLESS AMOUNTS.—For fiscal year
2001, notwithstanding subsection (b)(2), the amount al-
lotted to each State under this section shall be not less
than 100 percent of the total amount the State was allot-
ted under part B (as such part was in effect on the day
preceding the date of enactment of the Education Rein-
vestment Act) for the preceding fiscal year.
‘‘(e) RATABLE REDUCTIONS.—If the sums made
available under subsection (b)(2) for any fiscal year are
insufficient to pay the full amounts that all States are eli-
gible to receive under subsection (d) for such year, the
Secretary shall ratably reduce such amounts for such year.
‘‘SEC. 2012. WITHIN STATE ALLOCATION.
‘‘(a) IN GENERAL.—Each State educational agency
for a State receiving a grant under section 2011(a) shall—
‘‘(1) set aside 10 percent of the grant funds to
award educator partnership grants under section
2021;
‘‘(2) set aside not more than 5 percent of the
grant funds to carry out activities described the
State plan submitted under section 2013; and
‘‘(3) using the remaining 85 percent of the
grant funds, make subgrants by allocating to each
local educational agency in the State the sum of—
162
‘‘(A) an amount that bears the same rela-
tionship to 60 percent of the remainder as the
school-age population from families with in-
comes below the poverty line in the area served
by the local educational agency bears to the
school-age population from families with in-
comes below the poverty line in the area served
by all local educational agencies in the State;
and
‘‘(B) an amount that bears the same rela-
tionship to 40 percent of the remainder as the
school-age population in the area served by the
local educational agency bears to the school-age
population in the area served by all local edu-
cational agencies in the State.
‘‘(b) HOLD-HARMLESS AMOUNTS.—
‘‘(1) FISCAL YEAR 2001.—For fiscal year 2001,
notwithstanding subsection (a), the amount allocated
to each local educational agency under this section
shall be not less than 100 percent of the total
amount the local educational agency was allocated
under this title (as in effect on the day preceding the
date of enactment of the Education Reinvestment
Act) for fiscal year 2000.
163
‘‘(2) FISCAL YEAR 2002.—For fiscal year 2002,
notwithstanding subsection (a), the amount allocated
to each local educational agency under this section
shall be not less than 85 percent of the amount allo-
cated to the local educational agency under this sec-
tion for fiscal year 2001.
‘‘(3) FISCAL YEARS 2003–2005.—For each of fis-
cal years 2003 through 2005, notwithstanding sub-
section (a), the amount allocated to each local edu-
cational agency under this section shall be not less
than 70 percent of the amount allocated to the local
educational agency under this section for the pre-
vious fiscal year.
‘‘(c) RATABLE REDUCTIONS.—If the sums made
available under subsection (a)(3) for any fiscal year are
insufficient to pay the full amounts that all local edu-
cational agencies are eligible to receive under subsection
(b) for such year, the State educational agency shall rat-
ably reduce such amounts for such year.
‘‘SEC. 2013. STATE PLANS.
‘‘(a) PLAN REQUIRED.—
‘‘(1) COMPREHENSIVE STATE PLAN.—The enti-
ty or agency responsible for teacher certification or
licensing under the laws of the State desiring a
grant under this part shall submit a State plan to
164
the Secretary at such time, in such manner, and ac-
companied by such information as the Secretary may
require. If the State educational agency is not the
entity or agency designated under the laws of the
State as responsible for teacher certification or li-
censing in the State, then the plan shall be devel-
oped in consultation with the State educational
agency. The entity or agency shall provide annual
evidence of such consultation to the Secretary.
‘‘(2) CONSOLIDATED PLAN.—A State plan sub-
mitted under paragraph (1) may be submitted as
part of a consolidated plan under section 8302.
‘‘(b) CONTENTS.—Each plan submitted under sub-
section (a) shall—
‘‘(1) describe how the State is taking reasonable
steps to—
‘‘(A) reform teacher certification, recertifi-
cation, or licensure requirements to ensure
that—
‘‘(i) teachers have the necessary
teaching skills and academic content
knowledge in the academic subjects in
which the teachers are assigned to teach;
165
‘‘(ii) such requirements are aligned
with the challenging State content stand-
ards;
‘‘(iii) teachers have the knowledge and
skills necessary to help students meet the
challenging State student performance
standards;
‘‘(iv) such requirements take into ac-
count the need, as determined by the
State, for greater access to, and participa-
tion in, the teaching profession by individ-
uals from historically underrepresented
groups; and
‘‘(v) teachers have the necessary tech-
nological skills to integrate more effectively
technology in the teaching of content re-
quired by State and local standards in all
academic subjects in which the teachers
provide instruction;
‘‘(B) develop and implement rigorous test-
ing procedures for teachers, as required in sec-
tion 2002(1)(A), to ensure that new teachers
have teaching skills and academic content
knowledge necessary to teach effectively the
content called for by State and local standards
166
in all academic subjects in which the teachers
provide instruction;
‘‘(C) establish, expand, or improve alter-
native routes to State certification of teachers,
especially in the areas of mathematics and
science, for highly qualified individuals with a
baccalaureate degree, including mid-career pro-
fessionals form other occupations, paraprofes-
sionals, former military personnel, and recent
college or university graduates who have
records of academic distinction and who dem-
onstrate the potential to become highly effective
teachers;
‘‘(D) reduce emergency teacher certifi-
cation;
‘‘(E) develop and implement effective pro-
grams, and provide financial assistance, to as-
sist local educational agencies, elementary
schools, and secondary schools in effectively re-
cruiting and retaining fully qualified teachers
and principals, particularly in schools that have
the lowest proportion of fully qualified teachers
or the highest proportion of low-performing stu-
dents;
167
‘‘(F) provide professional development pro-
grams that meet the requirements described in
section 2019;
‘‘(G) provide programs that are designed
to assist new teachers during their first 3 years
of teaching, such as mentoring programs that—
‘‘(i) provide mentoring to new teach-
ers from veteran teachers with expertise in
the same subject matter as the new teach-
ers are teaching;
‘‘(ii) provide mentors time for activi-
ties such as coaching, observing, and as-
sisting teachers who are being mentored;
and
‘‘(iii) use standards or assessments
that are consistent with the State’s student
performance standards and the require-
ments for professional development activi-
ties described in section 2019 in order to
guide the new teachers;
‘‘(H) provide technical assistance to local
educational agencies in developing and imple-
menting activities described in section 2018;
and
168
‘‘(I) ensure that programs in core aca-
demic subjects, particularly in mathematics and
science, will take into account the need for
greater access to, and participation in, such
core academic subjects by students from histori-
cally underrepresented groups, including fe-
males, minorities, individuals with limited
English proficiency, the economically disadvan-
taged, and individuals with disabilities, by in-
corporating pedagogical strategies and tech-
niques that meet such students’ educational
needs;
‘‘(2) describe the activities for which assistance
is sought under the grant, and how such activities
will improve students’ academic achievement and
close academic achievement gaps of low-income, mi-
nority, and limited English proficient students;
‘‘(3) describe how the State will establish an-
nual numerical performance objectives under section
2014 for improving the qualifications of teachers
and the professional development of teachers, prin-
cipals, and administrators;
‘‘(4) contain an assurance that the State con-
sulted with local educational agencies, education-re-
lated community groups, nonprofit organizations,
169
parents, teachers, school administrators, local school
boards, institutions of higher education in the State,
and content specialists in establishing the perform-
ance objectives described in section 2014;
‘‘(5) describe how the State will hold local edu-
cational agencies, elementary schools, and secondary
schools accountable for meeting the performance ob-
jectives described in section 2014 and for reporting
annually on the local educational agencies’ and
schools’ progress in meeting the performance objec-
tives;
‘‘(6) describe how the State will ensure that a
local educational agency receiving a subgrant under
section 2012 will comply with the requirements of
this part;
‘‘(7) provide an assurance that the State will
require each local educational agency, elementary
school, or secondary school receiving funds under
this part to report publicly the local educational
agency’s or school’s annual progress with respect to
the performance objectives described in section
2014; and
‘‘(8) describe how the State will coordinate pro-
fessional development activities authorized under
this part with professional development activities
170
provided under other Federal, State, and local pro-
grams, including programs authorized under titles I
and III and, where appropriate, the Individuals with
Disabilities Education Act and the Carl D. Perkins
Vocational and Technical Education Act of 1998.
‘‘(c) SECRETARY APPROVAL.—The Secretary shall,
using a peer review process, approve a State plan if the
plan meets the requirements of this section.
‘‘(d) DURATION OF THE PLAN.—
‘‘(1) IN GENERAL.—Each 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 to
the State’s strategies and programs carried out
under this part.
‘‘(2) ADDITIONAL
INFORMATION.—If a State
receiving a grant under this part makes significant
changes to the State plan, such as the adoption of
new performance objectives, the State shall submit
information regarding the significant changes to the
Secretary.
‘‘SEC. 2014. PERFORMANCE OBJECTIVES.
‘‘(a) IN GENERAL.—Each State receiving a grant
under this part shall establish annual numerical perform-
171
ance objectives with respect to progress in improving the
qualifications of teachers and the professional development
of teachers, principals, and administrators. For each an-
nual numerical performance objective established, the
State shall specify an incremental percentage increase for
the objective to be attained for each of the fiscal years
for which the State receives a grant under this part, rel-
ative to the preceding fiscal year.
‘‘(b) REQUIRED OBJECTIVES.—At a minimum, the
annual numerical performance objectives described in sub-
section (a) shall include an incremental increase in the
percentage of—
‘‘(1) classes in core academic subjects that are
being taught by fully qualified teachers;
‘‘(2) new teachers and principals receiving pro-
fessional development support, including mentoring
for teachers, during the teachers’ first 3 years of
teaching;
‘‘(3) teachers, principals, and administrators
participating in high quality professional develop-
ment programs that are consistent with section
2019; and
‘‘(4) fully qualified teachers teaching in the
State, to ensure that all teachers teaching in such
State are fully qualified by December 31, 2005.
172
‘‘(c) REQUIREMENT FOR FULLY QUALIFIED TEACH-
ERS.—Each State receiving a grant under this part shall
ensure that all public elementary school and secondary
school teachers in the State are fully qualified not later
than December 31, 2005.
‘‘(d) ACCOUNTABILITY.—
‘‘(1) IN
GENERAL.—Each State receiving a
grant under this part shall be held accountable for—
‘‘(A) meeting the State’s annual numerical
performance objectives; and
‘‘(B) meeting the reporting requirements
described in section 4401.
‘‘(2) SANCTIONS.—Any State that fails to meet
the requirement described in paragraph (1)(A) shall
be subject to sanctions under section 7001.
‘‘(e) COORDINATION.—Each State that receives a
grant under this part and a grant under section 202 of
the Higher Education Act of 1965 shall coordinate the
activities the State carries out under such section 202 with
the activities the State carries out under this section.
‘‘SEC. 2015. OPTIONAL ACTIVITIES.
‘‘Each State receiving a grant under section 2011(a)
may use the grant funds—
173
‘‘(1) to develop and implement a system to
measure the effectiveness of specific professional de-
velopment programs and strategies;
‘‘(2) to increase the portability of teacher pen-
sions and reciprocity of teaching certification or li-
censure among States, except that no reciprocity
agreement developed under this section may lead to
the weakening of any State teacher certification or
licensing requirement;
‘‘(3) to develop or assist local educational agen-
cies in the development and utilization of proven, in-
novative strategies to deliver intensive professional
development programs that are cost effective and
easily accessible, such as programs offered through
the use of technology and distance learning;
‘‘(4) to provide assistance to local educational
agencies for the development and implementation of
innovative professional development programs that
train teachers to use technology to improve teaching
and learning and that are consistent with the re-
quirements of section 2019;
‘‘(5) to provide professional development to en-
able teachers to ensure that female students, minor-
ity students, limited English proficient students, stu-
dents with disabilities, and economically disadvan-
174
taged students have the full opportunity to achieve
challenging State content and performance stand-
ards in the core academic subjects;
‘‘(6) to increase the number of women, minori-
ties, and individuals with disabilities who teach in
the State and who are fully qualified and provide in-
struction in core academic subjects in which such in-
dividuals are underrepresented; and
‘‘(7) to increase the number of highly qualified
women, minorities, and individuals from other
underrepresented groups who are involved in the ad-
ministration of elementary schools and secondary
schools within the State.
‘‘SEC. 2016. STATE ADMINISTRATIVE EXPENSES.
‘‘Each State receiving a grant under section 2011(a)
may use not more than 5 percent of the amount set aside
in section 2012(a)(2) for the cost of—
‘‘(1) planning and administering the activities
described in section 2013(b); and
‘‘(2) making subgrants to local educational
agencies under section 2012.
‘‘SEC. 2017. LOCAL PLANS.
‘‘(a) IN GENERAL.—Each local educational agency
desiring a grant from the State under section 2012(a)(3)
shall submit a local plan to the State educational agency—
175
‘‘(1) at such time, in such manner, and accom-
panied by such information as the State educational
agency may require; and
‘‘(2) that describes how the local educational
agency will coordinate the activities for which assist-
ance is sought under this part with other programs
carried out under this Act, or other Acts, as appro-
priate.
‘‘(b) LOCAL PLAN CONTENTS.—The local plan de-
scribed in subsection (a) shall, at a minimum—
‘‘(1) describe how the local educational agency
will use the grant funds to meet the State perform-
ance objectives for teacher qualifications and profes-
sional development described in section 2014;
‘‘(2) describe how the local educational agency
will hold elementary schools and secondary schools
accountable for meeting the requirements described
in this part;
‘‘(3) contain an assurance that the local edu-
cational agency will target funds to elementary
schools and secondary schools served by the local
educational agency that—
‘‘(A) have the lowest proportion of fully
qualified teachers; and
176
‘‘(B) are identified for school improvement
under section 1116;
‘‘(4) describe how the local educational agency
will coordinate professional development activities
authorized under section 2018(a) with professional
development activities provided through other Fed-
eral, State, and local programs, including those au-
thorized under titles I and III and, where applicable,
the Individuals with Disabilities Education Act and
the Carl D. Perkins Vocational and Technical Edu-
cation Act of 1998; and
‘‘(5) describe how the local educational agency
has collaborated with teachers, principals, parents,
and administrators in the preparation of the local
plan.
‘‘SEC. 2018. LOCAL ACTIVITIES.
‘‘(a) IN GENERAL.—Each local educational agency
receiving a grant under section 2012(a)(3) shall use the
grant funds to—
‘‘(1) support professional development activities,
consistent with section 2019, for—
‘‘(A) teachers, in at least the areas of
reading, mathematics, and science; and
‘‘(B) teachers, principals, and administra-
tors in order to provide such individuals with
177
the knowledge and skills to provide all students,
including female students, minority students,
limited English proficient students, students
with disabilities, and economically disadvan-
taged students, with the opportunity to meet
challenging State content and student perform-
ance standards;
‘‘(2) provide professional development to teach-
ers, principals, and administrators to enhance the
use of technology within elementary schools and sec-
ondary schools in order to deliver more effective cur-
ricula instruction;
‘‘(3) recruit and retain fully qualified teachers
and highly qualified principals, particularly for ele-
mentary schools and secondary schools located in
areas with high percentages of low-performing stu-
dents and students from families below the poverty
line;
‘‘(4) recruit and retain fully qualified teachers
and high quality principals to serve in the elemen-
tary schools and secondary schools with the highest
proportion of low-performing students, such as
through—
178
‘‘(A) mentoring programs for newly hired
teachers, including programs provided by mas-
ter teachers, and for newly hired principals; and
‘‘(B) programs that provide other incen-
tives, including financial incentives, to retain—
‘‘(i) teachers who have a record of
success in helping low-performing students
improve those students’ academic success;
and
‘‘(ii) principals who have a record of
improving the performance of all students,
or significantly narrowing the gaps be-
tween minority students and nonminority
students, and economically disadvantaged
students and noneconomically disadvan-
taged students, within the elementary
schools or secondary schools served by the
principals; and
‘‘(5) provide professional development that in-
corporates effective strategies, techniques, methods,
and practices for meeting the educational needs of
diverse groups of students, including female stu-
dents, minority students, students with disabilities,
limited English proficient students, and economically
disadvantaged students.
179
‘‘(b) OPTIONAL ACTIVITIES.—Each local educational
agency receiving a grant under section 2012(a)(3) may
use the subgrant funds—
‘‘(1) to provide a signing bonus or other finan-
cial incentive, such as differential pay for—
‘‘(A) a teacher to teach in an academic
subject for which there exists a shortage of fully
qualified teachers within the elementary school
or secondary school in which the teacher teach-
es or within the elementary schools and sec-
ondary schools served by the local educational
agency; or
‘‘(B) a highly qualified principal in a
school in which there is a large percentage of
children—
‘‘(i) from low-income families; or
‘‘(ii) with high percentages of low-per-
formance scores on State assessments;
‘‘(2) to establish programs that—
‘‘(A) recruit professionals into teaching
from other fields and provide such professionals
with alternative routes to teacher certification,
especially in the areas of mathematics, science,
and English language arts; and
181
ing needs (including children who are gifted and tal-
ented);
‘‘(6) to establish professional development pro-
grams that provide instruction in how best to dis-
cipline children in the classroom, and to identify
early and appropriate interventions to help children
described in paragraph (5) learn;
‘‘(7) to provide professional development pro-
grams that provide instruction in how to teach char-
acter education in a manner that—
‘‘(A) reflects the values of parents, teach-
ers, and local communities; and
‘‘(B) incorporates elements of good char-
acter, including honesty, citizenship, courage,
justice, respect, personal responsibility, and
trustworthiness;
‘‘(8) to provide scholarships or other incentives
to assist teachers in attaining national board certifi-
cation;
‘‘(9) to support activities designed to provide ef-
fective professional development for teachers of lim-
ited English proficient students; and
‘‘(10) to establish other activities designed—
182
‘‘(A) to improve professional development
for teachers, principals, and administrators that
are consistent with section 2019; and
‘‘(B) to recruit and retain fully qualified
teachers and highly qualified principals.
‘‘(c) ADMINISTRATIVE EXPENSES.—Each local edu-
cational agency receiving a grant under section 2012(a)(3)
may use not more than 1.5 percent of the grant funds
for any fiscal year for the cost of administering activities
under this part.
‘‘SEC. 2019. PROFESSIONAL DEVELOPMENT FOR TEACHERS.
‘‘(a) LIMITATION RELATING TO CURRICULUM AND
CONTENT AREAS.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), a local educational agency may not use
grant funds allocated under section 2012(a)(3) to
support a professional development activity for a
teacher that is not—
‘‘(A) directly related to the curriculum for
which and content areas in which the teacher
provides instruction; or
‘‘(B) designed to enhance the ability of the
teacher to understand and use the State’s chal-
lenging content standards for the academic sub-
ject in which the teacher provides instruction.
183
‘‘(2) EXCEPTION.—Paragraph (1) shall not
apply to professional development activities that pro-
vide instruction in methods of disciplining children.
‘‘(b) PROFESSIONAL DEVELOPMENT ACTIVITY.—A
professional development activity carried out under this
part shall—
‘‘(1) be measured, in terms of progress de-
scribed in section 2014(a), using the specific per-
formance indicators established by the State in ac-
cordance with section 2014;
‘‘(2) be tied to challenging State or local con-
tent standards and student performance standards;
‘‘(3) be tied to scientifically based research
demonstrating the effectiveness of such activities in
increasing student achievement or substantially in-
creasing the knowledge and teaching skills of teach-
ers;
‘‘(4) be of sufficient intensity and duration
(such as not to include 1-day or short-term work-
shops and conferences) to have a positive and lasting
impact on teachers’ performance in the classroom,
except that this paragraph shall not apply to an ac-
tivity that is 1 component described in a long-term
comprehensive professional development plan estab-
lished by a teacher and the teacher’s supervisor, and
184
based upon an assessment of the needs of the teach-
er, the teacher’s students, and the local educational
agency;
‘‘(5) be developed with extensive participation
of teachers, principals, parents, administrators, and
local school boards of elementary schools and sec-
ondary schools to be served under this part, and in-
stitutions of higher education in the State, and, with
respect to any professional development program de-
scribed in paragraph (6) or (7) of section 2018(b),
shall, if applicable, be developed with extensive co-
ordination with, and participation of, professionals
with expertise in such type of professional develop-
ment;
‘‘(6) to the extent appropriate, provide training
for teachers regarding using technology and applying
technology effectively in the classroom to improve
teaching and learning concerning the curriculum and
academic content areas, in which those teachers pro-
vide instruction; and
‘‘(7) be directly related to the content areas in
which the teachers provide instruction and the State
content standards.
‘‘(c) ACCOUNTABILITY.—
185
‘‘(1) IN GENERAL.—A State shall notify a local
educational agency that the agency may be subject
to the action described in paragraph (3) if, after any
fiscal year, the State determines that the programs
or activities funded by the agency under this part
fail to meet the requirements of subsections (a) and
(b).
‘‘(2) TECHNICAL
ASSISTANCE.—A local edu-
cational agency that has received notification pursu-
ant to paragraph (1) may request technical assist-
ance from the State and an opportunity for such
local educational agency to comply with the require-
ments of subsections (a) and (b).
‘‘(3) STATE EDUCATIONAL AGENCY ACTION.—If
a State educational agency determines that a local
educational agency failed to carry out the local edu-
cational agency’s responsibilities under this section,
the State educational agency shall take such action
as the agency determines to be necessary, consistent
with this section, to provide, or direct the local edu-
cational agency to provide, high-quality professional
development for teachers, principals, and adminis-
trators.
186
‘‘SEC. 2020. PARENTS’ RIGHT TO KNOW.
‘‘Each local educational agency receiving a grant
under section 2012(a)(3) shall meet the reporting require-
ments with respect to teacher qualifications described in
section 4401(h).
‘‘SEC. 2021. STATE REPORTS AND GAO STUDY.
‘‘(a) STATE
REPORTS.—Each State educational
agency receiving a grant under this part shall annually
provide a report to the Secretary describing—
‘‘(1) the progress the State is making in in-
creasing the percentages of fully qualified teachers
in the State to ensure that all teachers are fully
qualified not later than December 31, 2005, includ-
ing information regarding—
‘‘(A) the percentage increase over the pre-
vious fiscal year in the number of fully qualified
teachers teaching in elementary schools and
secondary schools served by local educational
agencies receiving funds under title I; and
‘‘(B) the percentage increase over the pre-
vious fiscal year in the number of core classes
being taught by fully qualified teachers in ele-
mentary schools and secondary schools being
served under title I;
‘‘(2) the activities undertaken by the State edu-
cational agency and local educational agencies in the
187
State to attract and retain fully qualified teachers,
especially in geographic areas and content subject
areas in which a shortage of such teachers exist; and
‘‘(3) the approximate percentage of Federal,
State, local, and nongovernmental resources being
expended to carry out activities described in para-
graph (2).
‘‘(b) GAO STUDY.—Not later than September 30,
2004, the Comptroller General of the United States shall
prepare and submit 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 a study setting forth information regarding the
progress of States’ compliance in increasing the percent-
age of fully qualified teachers, as defined in section
2002(1), for fiscal years 2000 through 2003.
‘‘SEC. 2021. EDUCATOR PARTNERSHIP GRANTS.
‘‘(a) SUBGRANTS.—
‘‘(1) IN GENERAL.—A State receiving a grant
under section 2011(a) shall award subgrants, on a
competitive basis, from amounts made available
under section 2012(a)(1), to local educational agen-
cies, elementary schools, or secondary schools that
have formed educator partnerships, for the design
and implementation of programs that will enhance
188
professional development opportunities for teachers,
principals, and administrators, and will increase the
number of fully qualified teachers.
‘‘(2) ALLOCATIONS.—A State awarding sub-
grants under this subsection shall allocate the
subgrant funds on a competitive basis and in a man-
ner that results in an equitable distribution of the
subgrant funds by geographic areas within the
State.
‘‘(3) ADMINISTRATIVE EXPENSES.—Each edu-
cator partnership receiving a subgrant under this
subsection may use not more than 5 percent of the
subgrant funds for any fiscal year for the cost of
planning and administering programs under this sec-
tion.
‘‘(b) EDUCATOR PARTNERSHIPS.—An educator part-
nership described in subsection (a) includes a cooperative
arrangement between—
‘‘(1) a public elementary school or secondary
school (including a charter school), or a local edu-
cational agency; and
‘‘(2) 1 or more of the following:
‘‘(A) An institution of higher education.
‘‘(B) An educational service agency.
189
‘‘(C) A public or private not-for-profit edu-
cation organization.
‘‘(D) A for-profit education organization.
‘‘(E) An entity from outside the traditional
education arena, including a corporation or con-
sulting firm.
‘‘(c) USE OF FUNDS.—An educator partnership re-
ceiving a subgrant under this section shall use the
subgrant funds for—
‘‘(1) developing and enhancing of professional
development activities for teachers in core academic
subjects to ensure that the teachers have content
knowledge in the academic subjects in which the
teachers provide instruction;
‘‘(2) developing and providing assistance to
local educational agencies and elementary schools
and secondary schools for sustained, high-quality
professional development activities for teachers, prin-
cipals, and administrators, that—
‘‘(A) ensure that teachers, principals, and
administrators are able to use State content
standards, performance standards, and assess-
ments to improve instructional practices and
student achievement; and
190
‘‘(B) may include intensive programs de-
signed to prepare a teacher who participates in
such a program to provide professional develop-
ment instruction to other teachers within the
participating teacher’s school;
‘‘(3) increasing the number of fully qualified
teachers available to provide high-quality education
to limited English proficient students by—
‘‘(A) working with institutions of higher
education that offer degree programs, to attract
more people into such programs, and to prepare
better new, English language teachers to pro-
vide effective language instruction to limited
English proficient students; and
‘‘(B) supporting development and imple-
mentation of professional development pro-
grams for language instruction teachers to im-
prove the language proficiency of limited
English proficient students;
‘‘(4) developing and implementing professional
development activities for principals and administra-
tors to enable the principals and administrators to
be effective school leaders and to improve student
achievement on challenging State content and stu-
191
dent performance standards, including professional
development relating to—
‘‘(A) leadership skills;
‘‘(B) recruitment, assignment, retention,
and evaluation of teachers and other staff;
‘‘(C) effective instructional practices, in-
cluding the use of technology; and
‘‘(D) parental and community involvement;
and
‘‘(5) providing activities that enhance profes-
sional development opportunities for teachers, prin-
cipals, and administrators or will increase the num-
ber of fully qualified teachers.
‘‘(d) APPLICATION REQUIRED.—Each educator part-
nership desiring a subgrant under this section shall submit
an application to the appropriate State educational agency
at such time, in such manner, and accompanied by such
information as the State educational agency may reason-
ably require.
‘‘(e) COORDINATION.—Each educator partnership
that receives a subgrant under this section and a grant
under section 203 of the Higher Education Act of 1965
shall coordinate the activities carried out under such sec-
tion 203 with any related activities carried out under this
section.
192
‘‘SEC. 2023. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
this part $1,700,000,000 for fiscal year 2001 and such
sums as may be necessary for each of the 4 succeeding
fiscal years.
‘‘PART B—CLASS SIZE REDUCTION
‘‘SEC. 2031. FINDINGS.
‘‘Congress makes the following findings:
‘‘(1) Rigorous research has shown that students
attending small classes in the early grades make
more rapid educational gains than students in larger
classes, and that those gains persist through at least
the eighth grade.
‘‘(2) The benefits of smaller classes are greatest
for lower-achieving, minority, poor, and inner-city
children, as demonstrated by a study that found that
urban fourth graders in smaller-than-average classes
were 3⁄4 of a school year ahead of their counterparts
in larger-than-average classes.
‘‘(3) Teachers in small classes can provide stu-
dents with more individualized attention, spend more
time on instruction and less time on other tasks, and
cover more material effectively, and are better able
to work with parents to further their children’s edu-
cation, than teachers in large classes.
193
‘‘(4) Smaller classes allow teachers to identify
and work with students who have learning disabil-
ities sooner than is possible with larger classes, po-
tentially reducing those students’ needs for special
education services in the later grades.
‘‘(5) The National Research Council report,
‘Preventing Reading Difficulties in Young Children’,
recommends reducing class sizes, accompanied by
providing high-quality professional development for
teachers, as a strategy for improving student
achievement in reading.
‘‘(6) Efforts to improve educational outcomes
by reducing class sizes in the early grades are likely
to be successful only if well-qualified teachers are
hired to fill additional classroom positions, and if
teachers receive intensive, ongoing professional de-
velopment.
‘‘(7) Several States and school districts have
begun serious efforts to reduce class sizes in the
early elementary school grades, but those efforts
may be impeded by financial limitations or difficul-
ties in hiring highly qualified teachers.
‘‘(8) The Federal Government can assist in
those efforts by providing funding for class size re-
ductions in grades 1 through 3, and by helping to
194
ensure that both new and current teachers who are
moving into smaller classrooms are well prepared.
‘‘SEC. 2032. PURPOSE.
‘‘The purpose of this part is to help States and local
educational agencies recruit, train, and hire 100,000 addi-
tional teachers in order to—
‘‘(1) reduce nationally class size in grades 1
through 3 to an average of 18 students per regular
classroom; and
‘‘(2) improve teaching in the early elementary
school grades so that all students can learn to read
independently and well by the end of the third
grade.
‘‘SEC. 2033. ALLOTMENTS TO STATES.
‘‘(a) RESERVATIONS FOR THE OUTLYING AREAS AND
THE BUREAU OF INDIAN AFFAIRS.—From the amount
appropriated under section 2042 for any fiscal year, the
Secretary shall reserve a total of not more than 1 percent
to make payments to—
‘‘(1) outlying areas, on the basis of their respec-
tive needs, for activities, approved by the Secretary,
consistent with this part; and
‘‘(2) the Secretary of the Interior for activities
approved by the Secretary of Education, consistent
with this part, in schools operated or supported by
195
the Bureau of Indian Affairs, on the basis of their
respective needs.
‘‘(b) ALLOTMENTS TO STATES.—
‘‘(1) IN GENERAL.—From the amount appro-
priated under section 2042 for a fiscal year and re-
maining after the Secretary makes reservations
under subsection (a), the Secretary shall make
grants by allotting to each State having a State ap-
plication approved under section 2034(c) an amount
that bears the same relationship to the remainder as
the greater of the amounts that the State received
in the preceding fiscal year under sections 1122 and
2202(b) (as such sections were in effect on the day
preceding the date of enactment of the Education
Reinvestment Act) bears to the total of the greater
amounts that all States received under such sections
for the preceding fiscal year.
‘‘(2) RATABLE REDUCTION.—If the sums made
available under paragraph (1) for any fiscal year are
insufficient to pay the full amounts that all States
are eligible to receive under paragraph (1) for such
year, the Secretary shall ratably reduce such
amounts for such year.
‘‘(3) REALLOTMENT.—If any State chooses not
to participate in the program carried out under this
196
part, or fails to submit an approvable application
under this part, the Secretary shall reallot the
amount that such State would have received under
paragraphs (1) and (2) to States having applications
approved under section 2034(c), in accordance with
paragraphs (1) and (2).
‘‘SEC. 2034. APPLICATIONS.
‘‘(a) APPLICATIONS REQUIRED.—The State edu-
cational agency for each State desiring a grant under this
part shall submit an application to the Secretary at such
time, in such form, and containing such information as
the Secretary may require.
‘‘(b) CONTENTS.—The application shall include—
‘‘(1) a description of the State’s goals for using
funds under this part to reduce average class sizes
in regular classrooms in grades 1 through 3, includ-
ing a description of class sizes in those classrooms,
for each local educational agency in the State (as of
the date of submission of the application);
‘‘(2) a description of how the State educational
agency will allocate program funds made available
through the grant within the State;
‘‘(3) a description of how the State will use
other funds, including other Federal funds, to re-
197
duce class sizes and to improve teacher quality and
reading achievement within the State; and
‘‘(4) an assurance that the State educational
agency will submit to the Secretary such reports and
information as the Secretary may reasonably re-
quire.
‘‘(c) APPROVAL OF APPLICATIONS.—The Secretary
shall approve a State application submitted under this sec-
tion if the application meets the requirements of this sec-
tion and holds reasonable promise of achieving the purpose
of this part.
‘‘SEC. 2035. WITHIN-STATE ALLOCATIONS.
‘‘(a) ALLOCATIONS TO LOCAL EDUCATIONAL AGEN-
CIES.—Each State receiving a grant under this part for
any fiscal year may reserve not more than 1 percent of
the grant funds for the cost of administering this part
and, using the remaining funds, shall make subgrants by
allocating to each local educational agency in the State
the sum of—
‘‘(1) an amount that bears the same relation-
ship to 80 percent of the remainder as the school-
age population from families with incomes below the
poverty line in the area served by the local edu-
cational agency bears to the school-age population
from families with incomes below the poverty line in
198
the area served by all local educational agencies in
the State; and
‘‘(2) an amount that bears the same relation-
ship to 20 percent of the remainder as the enroll-
ment of the school-age population in public and pri-
vate nonprofit elementary schools and secondary
schools in the area served by the local educational
agency bears to the enrollment of the school-age
population in public and private nonprofit elemen-
tary schools and secondary schools in the area
served by all local educational agencies in the State.
‘‘(b) REALLOCATION.—If any local educational agen-
cy chooses not to participate in the program carried out
under this part, or fails to submit an approvable applica-
tion under this part, the State educational agency shall
reallocate the amount such local educational agency would
have received under subsection (a) to local educational
agencies having applications approved under section
2036(b), in accordance with subsection (a).
‘‘SEC. 2036. LOCAL APPLICATIONS.
‘‘(a) IN GENERAL.—Each local educational agency
desiring a subgrant under section 2035(a) shall submit an
application to the appropriate State educational agency at
such time, in such form, and containing such information
as the State educational agency may require, including a
199
description of the local educational agency’s program to
reduce class sizes by hiring additional highly qualified
teachers.
‘‘(b) APPROVAL OF APPLICATIONS.—The State edu-
cational agency shall approve a local agency application
submitted under subsection (a) if the application meets
the requirements of subsection (a) and holds reasonable
promise of achieving the purpose of this part.
‘‘SEC. 2037. USES OF FUNDS.
‘‘(a) ADMINISTRATIVE EXPENSES.—Each local edu-
cational agency receiving a subgrant under section
2035(a) may use not more than 3 percent of the subgrant
funds for any fiscal year for the cost of administering this
part.
‘‘(b) RECRUITMENT, TEACHER TESTING, AND PRO-
FESSIONAL DEVELOPMENT.—
‘‘(1) IN
GENERAL.—Each local educational
agency receiving subgrant funds under this section
shall use such subgrant funds to carry out effective
approaches to reducing class size with fully qualified
teachers who are certified within the State (includ-
ing teachers certified through State or local alter-
native routes) and who demonstrate competency in
the areas in which the teachers provide instruction,
to improve educational achievement for both regular
200
and special needs children, with particular consider-
ation given to reducing class size in the early ele-
mentary grades.
‘‘(2) LOCAL ACTIVITIES.—
‘‘(A) IN GENERAL.—Each local educational
agency receiving subgrant funds under this sec-
tion may use such subgrant funds for—
‘‘(i) recruiting (including through the
use of signing bonuses, and other financial
incentives), hiring, and training fully quali-
fied regular and special education teachers
(which may include hiring special edu-
cation teachers to team-teach with regular
teachers in classrooms that contain both
children with disabilities and non-disabled
children) and teachers of special-needs
children, who are certified within the
State, including teachers who are certified
through State or local alternative routes,
have a bachelor’s degree, and demonstrate
the general knowledge, teaching skills, and
subject matter knowledge required to teach
in the content areas in which the teachers
provide instruction;
201
‘‘(ii) testing new teachers for aca-
demic content knowledge and satisfaction
of State certification requirements con-
sistent with title II of the Higher Edu-
cation Act of 1965; and
‘‘(iii) providing professional develop-
ment (which may include such activities as
promoting retention and mentoring) to
teachers, including special education teach-
ers and teachers of special-needs children,
in order to meet the goal of ensuring that
all instructional staff have the subject mat-
ter knowledge, teaching knowledge, and
teaching skills necessary to teach effec-
tively in the content area or areas in which
they provide instruction, consistent with
title II of the Higher Education Act of
1965.
‘‘(B) LIMITATIONS.—
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), a local educational
agency may use not more than a total of
25 percent of the award received under
this section for activities described in sub-
paragraph (A)(ii) and (iii).
202
‘‘(ii) ED-FLEX.—
‘‘(I) 
WAIVER.—A 
local 
edu-
cational agency located in a State des-
ignated as an Ed-Flex Partnership
State under section 4(a)(1)(B) of the
Education Flexibility Partnership Act
of 1999, and in which 10 percent or
more 
of 
teachers 
in 
elementary
schools, 
as 
defined 
by 
section
8101(14), have not met applicable
State and local certification require-
ments (including certification through
State or local alternative routes), or if
such requirements have been waived,
may apply to the State educational
agency for a waiver that would permit
the agency to use more than 25 per-
cent of the funds it receives under this
section for activities described in sub-
paragraph (A)(iii) for the purpose of
helping teachers to become certified.
‘‘(II) APPROVAL.—If the State
educational agency approves the local
educational agency’s application for a
waiver under subclause (I), the local
203
educational agency may use the funds
subject to the waiver for activities de-
scribed in subparagraph (A)(iii) that
are needed to ensure that at least 90
percent of the teachers in elementary
schools within the State are certified.
‘‘(C) ADDITIONAL USES.—
‘‘(i) IN
GENERAL.—A local edu-
cational agency that has already reduced
class size in the early grades to 18 or less
children (or has already reduced class size
to a State or local class size reduction goal
that was in effect on the day before the en-
actment of the Department of Education
Appropriations Act, 2000, if that State or
local educational agency goal is 20 or
fewer children) may use funds received
under this section—
‘‘(I) to make further class size
reductions in grades kindergarten
through 3;
‘‘(II) to reduce class size in other
grades; or
204
‘‘(III) to carry out activities to
improve teacher quality, including
professional development.
‘‘(ii) 
PROFESSIONAL
DEVELOP-
MENT.—If a local educational agency has
already reduced class size in the early
grades to 18 or fewer children and intends
to use funds provided under this Part to
carry out professional development activi-
ties, including activities to improve teacher
quality, then the State shall make the
award under section 2035 to the local edu-
cational agency.
‘‘(c) SPECIAL RULE.—Notwithstanding subsection
(b), if the award to a local educational agency under sec-
tion 2035 is less than the starting salary for a new fully
qualified teacher teaching in a school served by that agen-
cy, and such teacher is certified within the State (which
may include certification through State or local alternative
routes), has a bachelor’s degree, and demonstrates the
general knowledge, teaching skills, and subject matter
knowledge required to teach in the content areas the
teacher is assigned to provide instruction, then the agency
may use grant funds under this part to—
205
‘‘(1) help pay the salary of a full- or part-time
teacher hired to reduce class size, which may be in
combination with other Federal, State, or local
funds; or
‘‘(2) pay for activities described in subsection
(b), which may be related to teaching in smaller
classes.
‘‘SEC. 2038. PRIVATE SCHOOLS.
‘‘If a local educational agency uses funds made avail-
able under this Part for professional development activi-
ties, the local educational agency shall ensure the equitable
participation of private nonprofit elementary schools and
secondary schools in such activities.
‘‘SEC. 2039. TEACHER SALARIES AND BENEFITS.
‘‘A local educational agency may use grant funds pro-
vided under this part—
‘‘(1) except as provided in paragraph (2), to in-
crease the salaries of, or provide benefits (other than
participation in professional development and enrich-
ment programs) to, teachers only if such teachers
were hired under this part; and
‘‘(2) to pay the salaries of teachers hired under
section 307 of the Department of Education Appro-
priations Act of 1999 who, not later than the begin-
206
ning of the 2001–2002 school year, are fully quali-
fied, as defined in section 2002(1).
‘‘SEC. 2040. STATE REPORT REQUIREMENTS.
‘‘(a) REPORT ON ACTIVITIES.—A State educational
agency receiving funds under this part shall submit a re-
port to the Secretary providing information about the ac-
tivities in the State assisted under this part.
‘‘(b) REPORT TO PARENTS.—Each State educational
agency and local educational agency receiving funds under
this part shall publicly issue a report to parents of children
who attend schools assisted under this part describing—
‘‘(1) the agency’s progress in reducing class
size;
‘‘(2) the agency’s progress in increasing the
percentage of classes in core academic areas that are
taught by fully qualified teachers who are certified
within the State and demonstrate competency in the
content areas in which the teachers provide instruc-
tion; and
‘‘(3) the impact, if any, that hiring additional
highly qualified teachers and reducing class size has
had on increasing student academic achievement in
schools served by the agency.
‘‘(c) PROFESSIONAL
QUALIFICATIONS
REPORT.—
Upon the request of a parent of a child attending a school
207
receiving assistance under this part, such school shall pro-
vide the parent with information regarding the profes-
sional qualifications of their child’s teacher.
‘‘SEC. 2041. SUPPLEMENT NOT SUPPLANT.
‘‘Each local educational agency receiving grant funds
under this part shall use such funds only to supplement,
and not to supplant, State and local funds that, in the
absence of such funds, would otherwise be spent for activi-
ties under this part.
‘‘SEC. 2042. AUTHORIZATION OF APPROPRIATIONS.
‘‘For the purpose of carrying out this part, there are
authorized to be appropriated $1,400,000,000 for fiscal
year 2001, and such sums as may be necessary for each
of the 4 succeeding fiscal years.’’.
TITLE III—LANGUAGE MINORITY
STUDENTS AND INDIAN, NA-
TIVE HAWAIIAN, AND ALASKA
NATIVE EDUCATION
SEC. 301. LANGUAGE MINORITY STUDENTS.
Title III (20 U.S.C. 6801 et seq.) is amended—
(1) by amending the heading for title III to
read as follows:
208
‘‘TITLE III—LANGUAGE MINOR-
ITY STUDENTS AND INDIAN,
NATIVE HAWAIIAN, AND ALAS-
KA NATIVE EDUCATION’’;
(2) by repealing section 3101 (20 U.S.C. 6801)
and part A (20 U.S.C. 6811 et seq.); and
(3) by inserting after the heading for title III
(as amended by paragraph (1)) the following:
‘‘Subtitle A—Language Minority
Students
‘‘SEC. 3101. FINDINGS, POLICY, AND PURPOSE.
‘‘(a) FINDINGS.—Congress makes the following find-
ings:
‘‘(1)(A) Educating limited English proficient
students is an urgent goal for many local edu-
cational agencies, but that goal is not being
achieved.
‘‘(B) Each year, 640,000 limited English pro-
ficient students are not served by any sort of pro-
gram targeted to the students’ unique needs.
‘‘(C) In 1998, only 15 percent of local edu-
cational agencies that applied for funding under en-
hancement grants and comprehensive school grants
received such funding.
209
‘‘(2)(A) The school dropout rate for Hispanic
students, the largest group of limited English pro-
ficient students, is approximately 25 percent, and is
approximately 46 percent for Hispanic students born
outside of the United States.
‘‘(B) A United States Department of Education
report regarding school dropout rates states that
language difficulty ‘may be a barrier to participation
in United States schools’.
‘‘(C) Reading ability is a key predictor of grad-
uation and academic success.
‘‘(3) Through fiscal year 1999, bilingual edu-
cation capacity and demonstration grants—
‘‘(A) have spread funding too broadly to
make an impact on language instruction edu-
cational programs implemented by State edu-
cational agencies and local educational agencies;
and
‘‘(B) have lacked concrete performance
measures.
‘‘(4)(A) Since 1979, the number of limited
English proficient children in schools in the United
States has doubled, and demographic trends indicate
the population of limited English proficient children
will continue to increase.
210
‘‘(B) Language-minority Americans speak vir-
tually all world languages plus many that are indige-
nous to the United States.
‘‘(C) The rich linguistic diversity language-mi-
nority students bring to America’s classrooms en-
hances the learning environment for all students and
should be valued for the significant, positive impact
such diversity has on the entire school environment.
‘‘(D) Parent and community participation in
educational language programs for limited English
proficient students contributes to program effective-
ness.
‘‘(E) The Federal Government, as reflected in
title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.) and section 204(f) of the Equal Edu-
cation Opportunities Act of 1974 (20 U.S.C. 1703),
has a special and continuing obligation to ensure
that States and local educational agencies take ap-
propriate action to provide equal educational oppor-
tunities to limited English proficient children and
youth.
‘‘(F) The Federal Government also, as exempli-
fied by programs authorized under this title, has a
special and continuing obligation to assist States
and local educational agencies to develop the capac-
211
ity to provide programs of instruction that offer lim-
ited English proficient children and youth equal edu-
cational opportunities.
‘‘(5) Limited English proficient children and
youth face a number of challenges in receiving an
education that will enable them to participate fully
in American society, including—
‘‘(A) disproportionate attendance in high-
poverty schools, as demonstrated by the fact
that, in 1994, 75 percent of limited English
proficient students attended schools in which at
least half of all students were eligible for free
or reduced-price meals;
‘‘(B) the limited ability of parents of such
children and youth to participate fully in the
education of their children because of the par-
ents’ own limited English proficiency;
‘‘(C) a shortage of teachers and other staff
who are professionally trained and qualified to
serve such children and youth; and
‘‘(D) lack of appropriate performance and
assessment standards that distinguish between
language and academic achievement so that
there is equal accountability on the part of
State educational agencies and local educational
212
agencies for the achievement of limited English
proficient students in academic content while
acquiring English language skills.
‘‘(b) POLICY.—Congress declares it to be the policy
of the United States that in order to ensure equal edu-
cational opportunity for all children and youth, and to pro-
mote educational excellence, the Federal Government
should—
‘‘(1) assist State educational agencies, local
educational agencies, and community-based organi-
zations to build their capacity to establish, imple-
ment, and sustain programs of instruction and
English language development for children and
youth of limited English proficiency;
‘‘(2) hold State educational agencies and local
educational agencies accountable for increases in
English proficiency and core content knowledge
among limited English proficient students; and
‘‘(3) promote parental and community partici-
pation in limited English proficiency programs.
‘‘(c) PURPOSE.—The purpose of this subtitle is to as-
sist all limited English proficient students so that those
students can meet or exceed the State proficient standard
level for academic performance in core subject areas ex-
213
pected of all elementary school and secondary school stu-
dents, and succeed in our Nation’s society, by—
‘‘(1) streamlining existing language instruction
programs into a performance-based grant for State
and local educational agencies to help limited
English proficient students become proficient in
English;
‘‘(2) increasing significantly the amount of Fed-
eral assistance to local educational agencies serving
such students while requiring that State educational
agencies and local educational agencies demonstrate
annual improvements in the English proficiency of
such students from the preceding fiscal year; and
‘‘(3) providing State educational agencies and
local educational agencies with the flexibility to im-
plement instructional programs based on scientific
research that the agencies believe to be the most ef-
fective for teaching English.
‘‘SEC. 3102. DEFINITIONS.
‘‘Except as otherwise provided, for purposes of this
subtitle:
‘‘(1) LIMITED
ENGLISH
PROFICIENT
STU-
DENT.—The term ‘limited English proficient stu-
dent’ means an individual aged 5 through 17 en-
rolled in an elementary school or secondary school—
214
‘‘(A) who—
‘‘(i) was not born in the United States
or whose native language is a language
other than English; or
‘‘(ii) is a Native American or Alaska
Native, or who is a native resident of the
outlying areas and comes from an environ-
ment where a language other than English
has had a significant impact on such indi-
vidual’s level of English language pro-
ficiency; or
‘‘(iii) is migratory and whose native
language is other than English, and who
comes from an environment where a lan-
guage other than English is dominant; and
‘‘(B) who has sufficient difficulty speaking,
reading, writing, or understanding the English
language, and whose difficulties may deny such
individual the opportunity to learn successfully
in classrooms where the language of instruction
is English or to participate fully in our society.
‘‘(2) LANGUAGE
INSTRUCTION
EDUCATIONAL
PROGRAM.—The term ‘language instruction edu-
cational program’ means an instructional course in
which a limited English proficient student is placed
215
for the purpose of becoming proficient in the
English language.
‘‘(3) SPECIALLY
QUALIFIED
AGENCY.—The
term ‘specially qualified agency’ means a local edu-
cational agency in a State that does not participate
in a program under this subtitle for a fiscal year.
‘‘(4) STATE.—The term ‘State’ means each of
the several States of the United States, the District
of Columbia, and the Commonwealth of Puerto Rico.
‘‘SEC. 3103. PROGRAM AUTHORIZED.
‘‘(a) GRANTS AUTHORIZED.—The Secretary shall
award grants, from allotments under subsection (b), to
each State having a State plan approved under section
3105(c), to enable the State to help limited English pro-
ficient students become proficient in English.
‘‘(b) RESERVATIONS AND ALLOTMENTS.—
‘‘(1) RESERVATIONS.—From the amount appro-
priated under section 3110 to carry out this subtitle
for each fiscal year, the Secretary shall reserve—
‘‘(A) 1⁄2 of 1 percent of such amount for
payments to the Secretary of the Interior for
activities approved by the Secretary, consistent
with this subtitle, in schools operated or sup-
ported by the Bureau of Indian Affairs, on the
216
basis of their respective needs for assistance
under this subtitle; and
‘‘(B) 1⁄2 of 1 percent of such amount for
payments to outlying areas, to be allotted in ac-
cordance with their respective needs as deter-
mined by the Secretary, for activities, approved
by the Secretary, consistent with this subtitle.
‘‘(2) STATE ALLOTMENTS.—From the amount
appropriated under section 3110 for any of the fiscal
years 2001 through 2005 that remains after making
reservations under paragraph (1), the Secretary
shall allot to each State having a State plan ap-
proved under section 3105(c) an amount that bears
the same relationship to the remainder as the num-
ber of limited English proficient students in the
State bears to the number of limited English pro-
ficient students in all States.
‘‘(3) DATA.—For the purpose of determining
the number of limited English proficient students in
a State and in all States for each fiscal year, the
Secretary shall use data that will yield the most ac-
curate, up-to-date, numbers of such students,
including—
‘‘(A) data available from the Bureau of the
Census; or
217
‘‘(B) data submitted to the Secretary by
the States to determine the number of limited
English proficient students in a State and in all
States.
‘‘(4) HOLD-HARMLESS
AMOUNTS.—For fiscal
year 2001, and for each of the 4 succeeding fiscal
years, notwithstanding paragraph (2), the total
amount allotted to each State under this subsection
shall be not less than 100 percent of the total
amount the State was allotted under parts A and B
of title VII (as such title was in effect on the day
preceding the date of enactment of the Education
Reinvestment Act).
‘‘(c) DIRECT AWARDS
TO SPECIALLY QUALIFIED
AGENCIES.—
‘‘(1) NONPARTICIPATING
STATE.—If a State
educational agency for a fiscal year elects not to par-
ticipate in a program under this subtitle, or does not
have an application approved under section 3105(c),
a specially qualified agency in such State desiring a
grant under this subtitle for the fiscal year shall
apply directly to the Secretary to receive a grant
under this subsection.
‘‘(2) DIRECT
AWARDS.—The Secretary may
award, on a competitive basis, the amount the State
218
educational agency is eligible to receive under sub-
section (b)(2) directly to specially qualified agencies
in the State desiring a grant under paragraph (1)
and having an application approved under section
3105(c).
‘‘(3) ADMINISTRATIVE
FUNDS.—A specially
qualified agency that receives a direct grant under
this subsection may use not more than 1 percent of
the grant funds for the administrative costs of car-
rying out this subtitle in the first year the agency
receives a grant under this subsection and 0.5 per-
cent for such costs in the second and each suc-
ceeding such year.
‘‘SEC. 3104. WITHIN-STATE ALLOCATIONS.
‘‘(a) GRANT AWARDS.—Each State educational agen-
cy receiving a grant under section 3103(a) shall use 95
percent of the grant funds to award subgrants, from allot-
ments under subsection (b), to local educational agencies
in the State to carry out the activities described in section
3107.
‘‘(b) ALLOTMENT
FORMULA.—Each State edu-
cational agency receiving a grant under this subtitle shall
award a grant to each local educational agency in the
State having a plan approved under section 3106 in an
amount that bears the same relationship to the amount
219
of funds appropriated under section 3110 as the school-
age population of limited English proficient students in
schools served by the local educational agency bears to the
school-age population of limited English proficient stu-
dents in schools served by all local educational agencies
in the State.
‘‘(c) RESERVATIONS.—
‘‘(1) STATE
ACTIVITIES.—Each State edu-
cational agency receiving a grant under this subtitle
may reserve not more than 5 percent of the grant
funds to carry out activities described in the State
plan submitted under section 3105.
‘‘(2) ADMINISTRATIVE
EXPENSES.—From the
amount reserved under paragraph (1), a State edu-
cational agency may use not more than 2 percent for
the planning costs and administrative costs of car-
rying out the activities described in the State plan
and providing grants to local educational agencies.
‘‘SEC. 3105. STATE AND SPECIALLY QUALIFIED AGENCY
PLAN.
‘‘(a) PLAN
REQUIRED.—Each State educational
agency and specially qualified agency desiring a grant
under this subtitle shall submit a plan to the Secretary
at such time, in such manner and accompanied by such
information as the Secretary may require.
220
‘‘(b) CONTENTS.—Each State plan submitted under
subsection (a) shall—
‘‘(1) describe how the State or specially quali-
fied agency will—
‘‘(A) establish standards and benchmarks
for English language development that are
aligned with the State content and student per-
formance standards described in section 1111;
‘‘(B) develop high-quality, annual assess-
ments to measure English language proficiency,
including proficiency in the 4 recognized do-
mains of speaking, listening, reading, and writ-
ing; and
‘‘(C) develop annual performance objec-
tives, based on the English language develop-
ment standards described in subparagraph (A),
to raise the level of English proficiency of each
limited English proficient student;
‘‘(2) contain an assurance that the State edu-
cational agency or specially qualified agency con-
sulted with local educational agencies, education-re-
lated community groups and nonprofit organizations,
parents, 
teachers, 
school 
administrators, 
and
English language instruction specialists, in the set-
ting of the performance objectives;
221
‘‘(3) describe how—
‘‘(A) in the case of a State educational
agency, the State educational agency will hold
local educational agencies and elementary
schools and secondary schools accountable for—
‘‘(i) meeting the English proficiency
performance objectives described in section
3109; and
‘‘(ii) making adequate yearly progress
with limited English proficient students in
the subject areas of core content knowl-
edge as described in section 1111; and
‘‘(B) in the case of a specially qualified
agency, the agency will hold elementary schools
and secondary schools accountable for meeting
the English proficiency performance objectives
described in section 3109, and making adequate
yearly progress, including annual numerical
goals for improving the performance of limited
English proficient students on performance
standards 
described 
in 
section
1111(b)(1)(D)(ii);
‘‘(4) describe the activities for which assistance
is sought, and how the activities will increase the
222
speed and effectiveness with which students learn
English;
‘‘(5) in the case of a State educational agency,
describe how local educational agencies in the State
will be given the flexibility to teach English—
‘‘(A) using language instruction curriculum
that is scientifically research based; and
‘‘(B) in the manner the local educational
agencies determine to be the most effective; and
‘‘(6) describe how—
‘‘(A) in the case of a State educational
agency, the State educational agency will pro-
vide technical assistance to local educational
agencies and elementary schools and secondary
schools for the purposes of identifying and im-
plementing English language instruction edu-
cational programs and curricula that are sci-
entifically research based; and
‘‘(B) in the case of a specially qualified
agency, the specially qualified agency will pro-
vide technical assistance to elementary schools
and secondary schools served by the specially
qualified agency for the purposes of identifying
and implementing English language instruction
223
educational programs and curricula that are
scientifically research based.
‘‘(c) APPROVAL.—The Secretary, using a peer review
process, shall approve a State plan or a specially qualified
agency plan if the plan meets the requirements of this sec-
tion, and holds reasonable promise of achieving the pur-
pose described in section 3101(c).
‘‘(d) DURATION OF THE PLAN.—
‘‘(1) IN GENERAL.—Each State plan or spe-
cially qualified agency plan shall—
‘‘(A) remain in effect for the duration of
the State’s or specially qualified agency’s par-
ticipation under this subtitle; and
‘‘(B) be periodically reviewed and revised
by the State or specially qualified agency, as
necessary, to reflect changes in the State’s or
specially qualified agency’s strategies and pro-
grams under this subtitle.
‘‘(2) ADDITIONAL INFORMATION.—If the State
educational agency or specially qualified agency
makes significant changes in its plan, such as the
adoption of new performance objectives or assess-
ment measures, the State educational agency or spe-
cially qualified agency shall submit such information
to the Secretary.
224
‘‘(e) CONSOLIDATED PLAN.—A State plan submitted
under subsection (a) may be submitted as part of a con-
solidated plan under section 8302.
‘‘(f) SECRETARY ASSISTANCE.—Pursuant to section
7004(a)(3), the Secretary shall provide assistance, if re-
quired, in the development of English language develop-
ment standards and English language proficiency assess-
ments.
‘‘SEC. 3106. LOCAL PLANS.
‘‘(a) PLAN REQUIRED.—Each local educational agen-
cy desiring a grant from the State educational agency
under section 3104(a) shall submit a plan to the State
educational agency at such time, in such manner, and ac-
companied by such information as the State educational
agency may require.
‘‘(b) CONTENTS.—Each local educational agency plan
submitted under subsection (a) shall—
‘‘(1) describe how the local educational agency
shall use the grant funds to meet the English pro-
ficiency performance objective described in section
3109;
‘‘(2) describe how the local educational agency
will hold elementary schools and secondary schools
accountable for meeting the performance objectives;
225
‘‘(3) contain an assurance that the local edu-
cational agency consulted with elementary schools
and secondary schools, education-related community
groups and nonprofit organizations, institutions of
higher education, parents, language instruction
teachers, school administrators, and English lan-
guage instruction specialists, in developing the local
educational agency plan; and
‘‘(4) contain an assurance that the local edu-
cational agency will use the disaggregated results of
the student assessments required under section
1111(b)(4), and other measures or indicators avail-
able to the agency, to review annually the progress
of each school served by the agency under this part
and under title I to determine whether the schools
are making the annual progress necessary to ensure
that limited English proficient students attending
the schools will meet the proficient State content
and student performance standard within 10 years
of enactment of the Education Reinvestment Act.
‘‘SEC. 3107. USES OF FUNDS.
‘‘(a) ADMINISTRATIVE EXPENSES.—Each local edu-
cational agency receiving a grant under section 3104 may
use not more than 1 percent of the grant funds for any
fiscal year for the cost of administering this subtitle.
226
‘‘(b) ACTIVITIES.—Each local educational agency re-
ceiving grant funds under section 3104 shall use the grant
funds that are not used under subsection (a)—
‘‘(1) to increase limited English proficient stu-
dents’ proficiency in English by providing high-qual-
ity English language instruction programs, such as
bilingual education programs and transitional edu-
cation or English immersion education programs,
that are—
‘‘(A) tied to scientifically based research
demonstrating the effectiveness of the programs
in increasing English proficiency; and
‘‘(B) approved by the State educational
agency;
‘‘(2) to provide high-quality professional devel-
opment activities for teachers of limited English pro-
ficient students that are—
‘‘(A) designed to enhance the ability of
such teachers to understand and use curricula,
assessment measures, and instructional strate-
gies for limited English proficient students;
‘‘(B) tied to scientifically based research
demonstrating the effectiveness of such pro-
grams in increasing students’ English pro-
227
ficiency or substantially increasing the knowl-
edge and teaching skills of such teachers; and
‘‘(C) of sufficient intensity and duration
(such as not to include 1-day or short-term
workshops and conferences) to have a positive
and lasting impact on the teacher’s perform-
ance in the classroom, except that this para-
graph shall not apply to an activity that is 1
component of a long-term, comprehensive pro-
fessional development plan established by a
teacher and the teacher’s supervisor based upon
an assessment of the teacher’s and supervisor’s
needs, the student’s needs, and the needs of the
local educational agency;
‘‘(3) to identify, acquire, and upgrade curricula,
instructional materials, educational software, and as-
sessment procedures; and
‘‘(4) to provide parent and community partici-
pation programs to improve English language in-
struction programs for limited English proficient
students.
‘‘SEC. 3108. PROGRAM REQUIREMENTS.
‘‘(a) PROHIBITION.—In carrying out this subtitle the
Secretary shall neither mandate nor preclude a particular
228
curricular or pedagogical approach to educating limited
English proficient students.
‘‘(b) TEACHER ENGLISH FLUENCY.—Each local edu-
cational agency receiving grant funds under section 3104
shall certify to the State educational agency that all teach-
ers in any language instruction program for limited
English proficient students funded under this subtitle are
fluent in English.
‘‘SEC. 3109. PERFORMANCE OBJECTIVES.
‘‘(a) IN GENERAL.—Each State educational agency
or specifically qualified agency receiving a grant under this
subtitle shall develop annual numerical performance objec-
tives with respect to helping limited English proficient stu-
dents become proficient in English. The objectives shall
include incremental percentage increases for each fiscal
year a State receives a grant under this subtitle, including
increases in the number of limited English proficient stu-
dents demonstrating an increase in performance on annual
assessments in reading, writing, speaking, and listening
comprehension, from the preceding fiscal year.
‘‘(b) ACCOUNTABILITY.—Each State educational
agency or specially qualified agency receiving a grant
under this subtitle shall be held accountable for meeting
the annual numerical performance objectives under this
subtitle and the adequate yearly progress levels for limited
229
English proficient students under section 1111(b)(2)(B)
(iv) and (vii). Any State educational agency or specially
qualified agency that fails to meet the annual performance
objectives shall be subject to sanctions under section 7001.
‘‘SEC. 3110. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
this subtitle $1,000,000,000 for fiscal year 2001, and such
sums as may be necessary for each of the 4 succeeding
fiscal years.
‘‘SEC. 3111. REGULATIONS AND NOTIFICATION.
‘‘(a) REGULATION RULE.—In developing regulations
under this subtitle, the Secretary shall consult with State
educational agencies, local educational agencies, organiza-
tions representing limited English proficient individuals,
and organizations representing teachers and other per-
sonnel involved in the education of limited English pro-
ficient students.
‘‘(b) PARENTAL NOTIFICATION.—
‘‘(1) IN
GENERAL.—Each local educational
agency shall notify parents of a student partici-
pating in a language instruction educational pro-
gram under this subtitle of—
‘‘(A) the student’s level of English pro-
ficiency, how such level was assessed, the status
of the student’s academic achievement, and the
230
implications 
of 
the 
student’s 
educational
strengths and needs for age- and grade-appro-
priate academic attainment, promotion, and
graduation;
‘‘(B) what programs are available to meet
the student’s educational strengths and needs,
and how such programs differ in content and
instructional goals from other language instruc-
tion educational programs and, in the case of a
student with a disability, how such program
meets the objectives of the individualized edu-
cation program of such a student; and
‘‘(C) the instructional goals of the lan-
guage instruction educational program, and
how the program will specifically help the lim-
ited English proficient student learn English
and meet age-appropriate standards for grade
promotion and graduation, including—
‘‘(i) the characteristics, benefits, and
past academic results of the language in-
struction educational program and of in-
structional alternatives; and
‘‘(ii) the reasons the student was iden-
tified as being in need of a language in-
struction educational program.
231
‘‘(2) OPTION TO DECLINE.—
‘‘(A) IN GENERAL.—Each parent described
in paragraph (1) shall also be informed that the
parent has the option of declining the enroll-
ment of their children or youth in a language
instruction educational program, and shall be
given an opportunity to decline such enrollment
if the parent so chooses.
‘‘(B) OBLIGATIONS.—A local educational
agency shall not be relieved of any of the agen-
cy’s obligations under title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d et seq.)
if a parent chooses not to enroll their child in
a language instruction educational program.
‘‘(3) RECEIPT OF INFORMATION.—A parent de-
scribed in paragraph (1) shall receive, in a manner
and form understandable to the parent including, if
necessary and to the extent feasible, in the native
language of the parent, the information required by
this subsection. At a minimum, the parent shall
receive—
‘‘(A) timely information about projects
funded under this subtitle; and
‘‘(B) if the parent of a participating child
so desires, notice of opportunities for regular
232
meetings for the purpose of formulating and re-
sponding to recommendations from parents of
children assisted under this subtitle.
‘‘(4) SPECIAL RULE.—A student shall not be
admitted to, or excluded from, any Federally as-
sisted language instruction educational program
solely on the basis of a surname or language-minor-
ity status.
‘‘(5) LIMITATIONS
ON
CONDITIONS.—Nothing
in this subtitle shall be construed to authorize an of-
ficer or employee of the Federal Government to
mandate, direct, or control a State’s, local edu-
cational agency’s, elementary school’s, or secondary
school’s specific challenging English language devel-
opment standards or assessments, curricula, or pro-
gram of instruction, as a condition of eligibility to
receive grant funds under this subtitle.’’.
SEC. 302. EMERGENCY IMMIGRANT EDUCATION PROGRAM.
(a) REPEALS, TRANSFERS, AND REDESIGNATIONS.—
Title III (20 U.S.C. 6801 et seq.) is further amended—
(1) by repealing part B (20 U.S.C. 6891 et
seq.), part C (20 U.S.C. 6921 et seq.), part D (20
U.S.C. 6951 et seq.), and part E (20 U.S.C. 6971
et seq.);
233
(2) by transferring part C of title VII (20
U.S.C. 7541 et seq.) to title III and inserting such
part after subtitle A (as inserted by section 301(3));
(3) by redesignating the heading for part C of
title VII (as transferred by paragraph (2)) as the
heading for subtitle B, and redesignating accord-
ingly the references to such part as the references to
such subtitle; and
(4) by redesignating section 7301 through 7309
(20 U.S.C. 7541, 7549) (as transferred by para-
graph (2)) as sections 3201 through 3209, respec-
tively, and redesignating accordingly the references
to such sections.
(b) AMENDMENTS.—Subtitle B of title III (as so
transferred and redesignated) is amended—
(1) in section 3205(a)(2) (as redesignated by
subsection (a)(4)), by striking ‘‘the Goals 2000:
Educate America Act,’’; and
(2) in section 3209 (as redesignated by sub-
section (a)(4)), by striking ‘‘$100,000,000’’ and all
that follows through ‘‘necessary for’’ and inserting
‘‘such sums as may be necessary for fiscal year 2001
and’’.
234
SEC. 303. INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE
EDUCATION.
(a) REPEALS, TRANSFERS, AND REDESIGNATIONS.—
Title III (20 U.S.C 6801 et seq.) is further amended—
(1) by transferring title IX (20 U.S.C. 7801 et
seq.) to title III and inserting such title after sub-
title B (as inserted by section 302(a)(2));
(2) by redesignating the heading for title IX (as
transferred by paragraph (1)) as the heading for
subtitle C, and redesignating accordingly the ref-
erences to such title as the references to such sub-
title;
(3) by redesignating sections 9101 and 9102
(20 U.S.C. 7801, 7802) (as transferred by para-
graph (1)) as sections 3301 and 3302, respectively,
and redesignating accordingly the references to such
sections;
(4) by redesignating sections 9111 through
9118 (20 U.S.C. 7811, 7818) (as transferred by
paragraph (1)) as sections 3311 through 3318, re-
spectively, and redesignating accordingly the ref-
erences to such sections;
(5) by redesignating sections 9121 through
9125 (20 U.S.C. 7831, 7835) (as transferred by
paragraph (1)) as sections 3321 through 3325, and
235
redesignating accordingly the references to such sec-
tion;
(6) by redesignating sections 9131 and 9141
(20 U.S.C. 7851, 7861) (as transferred by para-
graph (1)) as sections 3331 and 3341, respectively,
and redesignating accordingly the references to such
sections;
(7) by redesignating sections 9151 through
9154 (20 U.S.C. 7871, 7874) (as transferred by
paragraph (1)) as sections 3351 through 3354, re-
spectively, and redesignating accordingly the ref-
erences to such sections;
(8) by redesignating sections 9161 and 9162
(20 U.S.C. 7881, 7882) (as transferred by para-
graph (1)) as sections 3361 and 3362, respectively,
and redesignating accordingly the references to such
sections;
(9) by redesignating sections 9201 through
9212 (20 U.S.C. 7901, 7912) (as transferred by
paragraph (1)) as sections 3401 through 3412, re-
spectively, and redesignating accordingly the ref-
erences to such sections; and
(10) by redesignating sections 9301 through
9308 (20 U.S.C. 7931, 7938) (as transferred by
paragraph (1)) as sections 3501 through 3508, and
236
redesignating accordingly the references to such sec-
tions.
(b) AMENDMENTS.—Subtitle C of title III (as so
transferred and redesignated) is amended—
(1) by amending section 3314(b)(2)(A) (as re-
designated by subsection (a)(4)) to read as follows:
‘‘(2)(A) is consistent with, and promotes the
goals in, the State and local improvement plans
under sections 1111 and 1112’’;
(2) by amending section 3325(e) (as redesig-
nated by subsection (a)(5)) to read as follows:
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as may be
necessary to carry out this subpart for fiscal year 2001
and each of the 4 succeeding years.’’;
(3) in section 3361(4)(E) (as redesignated by
subsection (a)(8)), by striking ‘‘the Act entitled the
‘Improving America’s Schools Act of 1994’’’ and in-
serting ‘‘the Education Reinvestment Act’’;
(4) by amending section 3362 (as redesignated
by subsection (a)(8)) to read as follows:
‘‘SEC. 3262. AUTHORIZATION OF APPROPRIATIONS.
‘‘For the purpose of carrying out subparts 1 through
5 of this part, there are authorized to be appropriated to
the Department of Education such sums as may be nec-
237
essary for fiscal year 2001 and each of the 4 succeeding
years.’’;
(5) in section 3404 (as redesignated by sub-
section (a)(9))—
(A) in subsection (i), by striking ‘‘Improv-
ing America’s Schools Act of 1994’’ and insert-
ing ‘‘Education Reinvestment Act’’; and
(B) 
in 
subsection 
(j), 
by 
striking
‘‘$500,000 for fiscal year 1995, and such sums
as may be necessary’’ and inserting ‘‘such sums
as may be necessary for fiscal year 2001, and’’;
(6) in section 3405(c) (as redesignated by sub-
section (a)(9)), by striking ‘‘$6,000,000 for fiscal
year 1995, and such sums as may be necessary’’ and
inserting ‘‘such sums as may be necessary for fiscal
year 2001, and’’;
(7) in section 3406(e) (as redesignated by sub-
section (a)(9)), by striking ‘‘$2,000,000 for fiscal
year 1995, and such sums as may be necessary’’ and
inserting ‘‘such sums as may be necessary for fiscal
year 2001, and’’;
(8) in section 3407(e) (as redesignated by sub-
section (a)(9)), by striking ‘‘$1,500,000 for fiscal
year 1995, and such sums as may be necessary’’ and
238
inserting ‘‘such sums as may be necessary for fiscal
year 2001, and’’;
(9) in section 3408(c) (as redesignated by sub-
section (a)(9)), by striking ‘‘$2,000,000 for fiscal
year 1995, and such sums as may be necessary’’ and
inserting ‘‘such sums as may be necessary for fiscal
year 2001, and’’;
(10) in section 3409(d) (as redesignated by
subsection (a)(9)), by striking ‘‘$2,000,000 for fiscal
year 1995, and such sums as may be necessary’’ and
inserting ‘‘such sums as may be necessary for fiscal
year 2001, and’’;
(11) in section 3410(d) (as redesignated by
subsection (a)(9)), by striking ‘‘$1,000,000 for fiscal
year 1995, and such sums as may be necessary’’ and
inserting ‘‘such sums as may be necessary for fiscal
year 2001, and’’;
(12) in section 3504(c) (as redesignated by sub-
section (a)(10)), by striking ‘‘$5,000,000 for fiscal
year 1995, and such sums as may be necessary’’ and
inserting ‘‘such sums as may be necessary for fiscal
year 2001, and’’;
(13) in section 3505(e) (as redesignated by sub-
section (a)(10)), by striking ‘‘$2,000,000 for fiscal
year 1995, and such sums as may be necessary’’ and
239
inserting ‘‘such sums as may be necessary for fiscal
year 2001, and’’; and
(14) in section 3506(d) (as redesignated by
subsection (a)(10)), by striking ‘‘$1,000,000 for fis-
cal year 1995, and such sums as may be necessary’’
and inserting ‘‘such sums as may be necessary for
fiscal year 2001, and’’.
TITLE IV—PUBLIC SCHOOL
CHOICE
SEC. 401. PUBLIC SCHOOL CHOICE.
(a) 
MAGNET
SCHOOLS
AMENDMENTS.—Section
5113(a) (20 U.S.C. 7213(a)) is amended—
(1) by striking ‘‘$120,000,000’’ and inserting
‘‘$130,000,000’’; and
(2) by striking ‘‘1995’’ and inserting ‘‘2001’’.
(b) CHARTER SCHOOLS AMENDMENTS.—
(1) 
PARALLEL
ACCOUNTABILITY.—Section
10302 (20 U.S.C. 8062) is amended by adding at
the end the following:
‘‘(g) PARALLEL ACCOUNTABILITY.—Each State edu-
cational agency receiving a grant under this part shall
hold charter schools assisted under this part accountable
for adequate yearly progress for improving student per-
formance under title I and as established in the school’s
240
charter, including the use of the same standards and as-
sessments as established under title I.’’.
(2) AUTHORIZATION
OF
APPROPRIATIONS.—
Section 10311 (20 U.S.C. 8067) is amended.—
(A) by striking ‘‘$100,000,000’’ and in-
serting ‘‘$200,000,000’’; and
(B) by striking ‘‘1999’’ and inserting
‘‘2001’’.
(c) REPEALS, TRANSFERS AND REDESIGNATIONS.—
The Act (20 U.S.C. 6301 et seq.) is amended—
(1) by amending the heading for title IV (20
U.S.C. 7101 et seq.) to read as follows:
‘‘TITLE IV—PUBLIC SCHOOL
CHOICE’’;
(2) by amending section 4001 to read as fol-
lows:
‘‘SEC. 4001. FINDINGS, POLICY, AND PURPOSE.
‘‘(a) FINDINGS.—Congress makes the following find-
ings:
‘‘(1)(A) Charter schools and magnet schools are
an integral part of the educational system in the
United States.
‘‘(1)(B) Thirty-four States and the District of
Columbia have established charter schools.
241
‘‘(1)(C) Magnet schools have been established
throughout the United States.
‘‘(1)(D) A Department of Education evaluation
of charter schools shows that 59 percent of charter
schools reported that lack of start-up funds posed a
difficult or very difficult challenge for the school.
‘‘(2) State educational agencies and local edu-
cational agencies should hold all schools accountable
for the improved performance of all students, includ-
ing students attending charter schools and magnet
schools, under State standards and student assess-
ment measures.
‘‘(3) School report cards constitute the key in-
formational component used by parents for effective
public school choice.
‘‘(b) POLICY.—Congress declares it to be the policy
of the United States—
‘‘(1) to support and stimulate improved public
school performance through increased public elemen-
tary school and secondary school competition and in-
creased Federal financial assistance; and
‘‘(2) to provide parents with more choices
among public school options.
‘‘(c) PURPOSES.—The purposes of this title are as
follows:
242
‘‘(1) To consolidate public school choice pro-
grams into 1 title.
‘‘(2) To increase Federal assistance for magnet
schools and charter schools.
‘‘(3) To help parents make better and more in-
formed choices by—
‘‘(A) providing continued support and fi-
nancial assistance for magnet schools;
‘‘(B) providing continued support and ex-
pansion of charter schools and charter school
districts; and
‘‘(C) providing financial assistance to
States and local educational agencies for the de-
velopment of local educational agency and
school report cards.’’;
(3) by repealing sections 4002 through 4004
(20 U.S.C. 7102, 7104), and part A (20 U.S.C.
7111 et seq.), of title IV;
(4) by transferring part A of title V (20 U.S.C.
7201 et seq.) (as amended by subsection (a)) to title
IV and inserting such part A after section 4001;
(5) by redesignating sections 5101 through
5113 (20 U.S.C. 7201, 7213) (as transferred by
paragraph (4)) as sections 4101 through 4113, re-
spectively, and by redesignating accordingly the ref-
243
erences to such sections in part A of title IV (as so
transferred);
(6) by transferring part C of title X (20 U.S.C.
8061 et seq.) (as amended by subsection (b)) to title
IV and inserting such part C after part A of title
IV (as transferred by paragraph (4));
(7) by redesignating part C of title IV (as
transferred by paragraph (6)) as part B of title IV;
and
(8) by redesignating sections 10301 through
10311 (20 U.S.C. 8061, 8067) (as transferred by
paragraph (6)) as sections 4201 through 4211, re-
spectively, and by redesignating accordingly the ref-
erences to such sections in such part B of title IV
(as so transferred and redesignated).
SEC. 402. DEVELOPMENT OF PUBLIC SCHOOL CHOICE PRO-
GRAMS; REPORT CARDS.
Title IV (20 U.S.C. 7101 et seq.) is further amended
by adding at the end the following:
‘‘PART C—DEVELOPMENT OF PUBLIC SCHOOL
CHOICE PROGRAMS
‘‘SEC. 4301. GRANTS AUTHORIZED.
‘‘(a) IN GENERAL.—From amounts made available to
carry out this part for a fiscal year under section 4305,
and not reserved under subsection (b), the Secretary is
244
authorized to award grants, on a competitive basis, to local
educational agencies to enable the local educational agen-
cies to develop local public school choice programs.
‘‘(b) RESERVATION FOR EVALUATION, TECHNICAL
ASSISTANCE, AND DISSEMINATION.—From the amount
appropriated under section 4305 for any fiscal year, the
Secretary may reserve not more than 5 percent to carry
out evaluations under subsection (c), to provide technical
assistance, and to disseminate information.
‘‘(c) EVALUATIONS.—The Secretary may use funds
reserved under subsection (b) to carry out 1 or more eval-
uations of programs assisted under this part, which shall,
at a minimum, address—
‘‘(1) how, and the extent to which, the pro-
grams supported with funds under this part promote
educational equity and excellence; and
‘‘(2) the extent to which public schools of choice
supported with funds under this part are—
‘‘(A) held accountable to the public;
‘‘(B) effective in improving public edu-
cation; and
‘‘(C) open and accessible to all students.
‘‘(b) DURATION.—Grants under this part may be
awarded for a period not to exceed 3 years.
245
‘‘SEC. 4302. DEFINITION OF HIGH-POVERTY LOCAL EDU-
CATIONAL AGENCY.
‘‘In this part, the term ‘high-poverty local educational
agency’ means a local educational agency in which the per-
centage of children, ages 5 to 17, from families with in-
comes below the poverty line (as defined by the Office of
Management and Budget and revised annually in accord-
ance with section 673(2) of the Community Services Block
Grant Act (42 U.S.C. 9902(2))) applicable to a family of
the size involved for the most recent fiscal year for which
satisfactory data are available is 20 percent or greater.
‘‘SEC. 4303. USES OF FUNDS.
‘‘(a) IN GENERAL.—
‘‘(1) PUBLIC
SCHOOL
CHOICE.—Funds under
this part may be used to demonstrate, develop, im-
plement, evaluate, and disseminate information on
innovative approaches to promote public school
choice, including the design and development of new
public school choice options, the development of new
strategies for overcoming barriers to effective public
school choice, and the design and development of
public school choice systems that promote high
standards for all students and the continuous im-
provement of all public schools.
246
‘‘(2) 
INNOVATIVE
APPROACHES.—Such 
ap-
proaches at the school, local educational agency, and
State levels may include—
‘‘(A) inter-district approaches to public
school choice, including approaches that in-
crease equal access to high-quality educational
programs and diversity in schools;
‘‘(B) public elementary and secondary pro-
grams that involve partnerships with institu-
tions of higher education and that are located
on the campuses of those institutions;
‘‘(C) programs that allow students in pub-
lic secondary schools to enroll in postsecondary
courses and to receive both secondary and post-
secondary academic credit;
‘‘(D) worksite satellite schools, in which
State or local educational agencies form part-
nerships with public or private employers, to
create public schools at parents’ places of em-
ployment; and
‘‘(E) approaches to school desegregation
that provide students and parents choice
through strategies other than magnet schools.
‘‘(b) LIMITATIONS.—Funds under this part—
247
‘‘(1) shall supplement, and not supplant, non-
Federal funds expended for existing public school
choice programs; and
‘‘(2) may be used for providing transportation
services or costs, except that not more than 10 per-
cent of the funds received under this part shall be
used by the local educational agency to provide such
services or costs.
‘‘SEC. 4304. GRANT APPLICATION; PRIORITIES.
‘‘(a) APPLICATION REQUIRED.—A State or local edu-
cational agency desiring to receive a grant under this part
shall submit an application to the Secretary.
‘‘(b) APPLICATION
CONTENTS.—Each application
shall include—
‘‘(1) a description of the program for which
funds are sought and the goals for such program;
‘‘(2) a description of how the program funded
under this part will be coordinated with, and will
complement and enhance, programs under other re-
lated Federal and non-Federal projects;
‘‘(3) if the program includes partners, the name
of each partner and a description of the partner’s
responsibilities;
‘‘(4) a description of the policies and procedures
the applicant will use to ensure—
248
‘‘(A) its accountability for results, includ-
ing its goals and performance indicators; and
‘‘(B) that the program is open and acces-
sible to, and will promote high academic stand-
ards for, all students; and
‘‘(5) such other information as the Secretary
may require.
‘‘(c) PRIORITIES.—
‘‘(1) HIGH-POVERTY AGENCIES.—The Secretary
shall give a priority to applications for projects that
would serve high-poverty local educational agencies.
‘‘(2) PARTNERSHIPS.—The Secretary may give
a priority to applications demonstrating that the ap-
plicant will carry out the applicant’s project in part-
nership with 1 or more public and private agencies,
organizations, and institutions, including institutions
of higher education and public and private employ-
ers.
‘‘SEC. 4305. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out
this part $100,000,000 for fiscal year 2001 and such sums
as may be necessary for each of the 4 succeeding fiscal
years.
249
‘‘PART D—REPORT CARDS
‘‘SEC. 4401. REPORT CARDS.
‘‘(a) GRANTS AUTHORIZED.—The Secretary shall
award a grant, from allotments under subsection (b), to
each State having a State report card meeting the require-
ments described in subsection (g), to enable the State an-
nually to publish report cards for each elementary school
and secondary school that receives funding under this Act
and is served by the State.
‘‘(b) RESERVATIONS AND ALLOTMENTS.—
‘‘(1) RESERVATIONS.—From the amount appro-
priated under subsection (e) to carry out this part
for each fiscal year, the Secretary shall reserve—
‘‘(A) 1⁄2 of 1 percent of such amount for
payments to the Secretary of the Interior for
activities approved by the Secretary, consistent
with this part, in schools operated or supported
by the Bureau of Indian Affairs, on the basis
of their respective needs for assistance under
this part; and
‘‘(B) 1⁄2 of 1 percent of such amount for
payments to outlying areas, to be allotted in ac-
cordance with their respective needs for assist-
ance under this part, as determined by the Sec-
retary, for activities, approved by the Secretary,
consistent with this part.
250
‘‘(2) STATE ALLOTMENTS.—From the amount
appropriated under subsection (e) for a fiscal year
and remaining after the Secretary makes reserva-
tions under paragraph (1), the Secretary shall allot
to each State having a State report card meeting the
requirements described in subsection (g) an amount
that bears the same relationship to the remainder as
the number of public school students enrolled in ele-
mentary schools and secondary schools in the State
bears to the number of such students so enrolled in
all States.
‘‘(c) WITHIN-STATE
ALLOCATIONS.—Each State
educational agency receiving a grant under subsection (a)
shall allocate the grant funds that remain after making
the reservation described in subsection (d) to each local
educational agency in the State in an amount that bears
the same relationship to the remainder as the number of
public school students enrolled in elementary schools and
secondary schools served by the local educational agency
bears to the number of such students so enrolled in all
local educational agencies within the State.
‘‘(d) STATE RESERVATION OF FUNDS.—Each State
educational agency receiving a grant under subsection (a)
may reserve—
251
‘‘(1) not more than 10 percent of the grant
funds to carry out activities described under sub-
sections (f) and (g), and (i)(1) for fiscal year 2001;
and
‘‘(2) not more than 5 percent of the grant
funds to carry out activities described under sub-
sections (f) and (g), and (i)(1) for fiscal year 2002
and each of the 3 succeeding fiscal years.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this part
$5,000,000 for fiscal year 2001 and such sums as may
be necessary for each of the 4 succeeding fiscal years.
‘‘(f) ANNUAL STATE REPORT.—
‘‘(1) REPORTS REQUIRED.—
‘‘(A) IN GENERAL.—Except as provided in
paragraph (3), not later than the beginning of
the 2001–2002 school year, a State that re-
ceives assistance under this Act shall prepare
and disseminate an annual report on all elemen-
tary schools and secondary schools within the
State that receive funds under part A of title I
or part A of title II.
‘‘(B) STATE
REPORT
CARDS
ON
EDU-
CATION.—In the case of a State that publishes
State report cards on education, the State shall
252
include in such report cards the information de-
scribed in subsection (g).
‘‘(C) REPORT
CARDS
ON
ALL
PUBLIC
SCHOOLS.—In the case of a State that pub-
lishes a report card on all public elementary
schools and secondary schools in the State, the
State shall include, at a minimum, the informa-
tion described in subsection (g) for all schools
that receive funds under part A of title I or
part A of title II.
‘‘(2) IMPLEMENTATION; REQUIREMENTS.—
‘‘(A) IMPLEMENTATION.—The State shall
ensure implementation at all levels of the report
cards described in paragraph (1).
‘‘(B) 
REQUIREMENTS.—Annual 
report
cards under this part shall be—
‘‘(i) concise; and
‘‘(ii) presented in a format and man-
ner that parents can understand including,
to the extent practicable, in a language the
parents can understand.
‘‘(3) PUBLICATION THROUGH OTHER MEANS.—
In the event that the State provides no such report
card, the State shall, not later than the beginning of
the 2001–2002 school year, publicly report the infor-
253
mation described in subsection (g) for all schools
that receive funds under part A of title I or part A
of title II through other public means.
‘‘(g) CONTENT OF ANNUAL STATE REPORTS.—
‘‘(1) REQUIRED INFORMATION.—Each State de-
scribed in subsection (f)(1)(A), at a minimum, shall
include in the annual State report information on
each local educational agency and school that re-
ceives funds under part A of title I or part A of title
II 
within 
the 
State, 
including 
information
regarding—
‘‘(A) student performance on statewide as-
sessments for the year for which the annual
State report is made, and the preceding year, in
at least English language arts and mathe-
matics, including—
‘‘(i) a comparison of the proportions
of students who performed at the basic,
proficient, and advanced levels in each sub-
ject area, for each grade level at which as-
sessments are required under title I, with
proportions in each of the same 4 levels at
the same grade levels in the previous
school year;
254
‘‘(ii) a statement on the 3-year trend
in the percentage of students performing
at the basic, proficient, and advanced levels
in each subject area, for each grade level
for which assessments are required under
title I; and
‘‘(iii) a statement of the percentage of
students not tested and a listing of cat-
egories of the reasons why such students
were not tested;
‘‘(B) student retention rates in grades, the
number of students completing advanced place-
ment courses, and 4-year graduation rates;
‘‘(C) the professional qualifications of
teachers in the aggregate, including the per-
centage of teachers teaching with emergency or
provisional credentials, the percentage of class
sections not taught by fully qualified teachers,
and the percentage of teachers who are fully
qualified; and
‘‘(D) the professional qualifications of
paraprofessionals in the aggregate, the number
of paraprofessionals in the aggregate, and the
ratio of paraprofessionals to teachers in the
classroom.
255
‘‘(2) STUDENT DATA.—Student data in each re-
port shall contain disaggregated results for the fol-
lowing categories:
‘‘(A) Racial and ethnic groups.
‘‘(B) Gender.
‘‘(C) Economically disadvantaged students,
as compared to students who are not economi-
cally disadvantaged.
‘‘(D) Students with limited English pro-
ficiency, as compared to students who are pro-
ficient in English.
‘‘(3) OPTIONAL INFORMATION.—A State may
include in the State annual report any other infor-
mation the State determines appropriate to reflect
school quality and school achievement, including by
grade level information on average class size and in-
formation on school safety, such as the incidence of
school violence and drug and alcohol abuse, and the
incidence of student suspensions and expulsions.
‘‘(4) WAIVER.—The Secretary may grant a
waiver to a State seeking a waiver of the require-
ments of this subsection if the State demonstrates to
the Secretary that—
‘‘(A) the content of existing State report
cards meets the goals of this part; and
256
‘‘(B) the State is taking identifiable steps
to meet the requirements of this subsection.
‘‘(h) LOCAL EDUCATIONAL AGENCY AND SCHOOL
REPORT CARDS.—
‘‘(1) REPORT REQUIRED.—
‘‘(A) IN GENERAL.—The State shall ensure
that each local educational agency, elementary
school, or secondary school receiving funds
under part A of title I or part A of title II in
the State, collects appropriate data and pub-
lishes an annual report card consistent with
this subsection.
‘‘(B) 
REQUIRED
INFORMATION.—Each
local educational agency, elementary school, and
secondary school described in subparagraph
(A), at a minimum, shall include in its annual
report card—
‘‘(i) the information described in sub-
sections (g)(1) and (2) for each local edu-
cational agency and school;
‘‘(ii) in the case of a local educational
agency—
‘‘(I) information regarding the
number and percentage of schools
identified for school improvement, in-
257
cluding schools identified under sec-
tion 1116 of this Act, served by the
local educational agency;
‘‘(II) information on the 3-year
trend in the number and percentage
of elementary schools and secondary
schools identified for school improve-
ment; and
‘‘(III) information that shows
how students in the schools served by
the local educational agency perform
on the statewide assessment compared
to students in the State as a whole;
‘‘(iii) in the case of an elementary
school or a secondary school—
‘‘(I) 
information 
regarding
whether the school has been identified
for school improvement; and
‘‘(II) information that shows how
the school’s students performed on the
statewide assessment compared to
students in schools served by the same
local educational agency and to all
students in the State; and
258
‘‘(iii) other appropriate information,
whether or not the information is included
in the annual State report.
‘‘(2) SPECIAL RULE.—A local educational agen-
cy that issues report cards for all public elementary
schools and secondary schools served by the agency
shall include, at a minimum, the information de-
scribed in subsection (g) for all schools that receive
funds under part A of title I or part A of title II.
‘‘(i) DISSEMINATION
AND ACCESSIBILITY
OF RE-
PORTS AND REPORT CARDS.—
‘‘(1) STATE
REPORTS.—State annual reports
under subsection (g) shall be disseminated to all ele-
mentary schools, secondary schools, and local edu-
cational agencies in the State, and made broadly
available to the public through means such as post-
ing on the Internet and distribution to the media,
and through public agencies.
‘‘(2) LOCAL REPORT CARDS.—Local educational
agency report cards under subsection (h) shall be
disseminated to all elementary schools and secondary
schools served by the local educational agency and to
all parents of students attending such schools, and
made broadly available to the public through means
259
such as posting on the Internet and distribution to
the media, and through public agencies.
‘‘(3) SCHOOL
REPORT
CARDS.—Elementary
school and secondary school report cards under sub-
section (h) shall be disseminated to all parents of
students attending that school, and made broadly
available to the public, through means such as post-
ing on the Internet and distribution to the media,
and through public agencies.
‘‘(j) PARENTS RIGHT-TO-KNOW.—
‘‘(1) QUALIFICATIONS.—A local educational
agency that receives funds part A of title I or part
A of title II shall provide, upon request, in an under-
standable and uniform format, to any parent of a
student attending any school receiving funds under
part A of title I or part A of title II, information
regarding the professional qualifications of the stu-
dent’s 
classroom 
teachers, 
including, 
at 
a
minimum—
‘‘(A) whether the teacher has met State
certification or licensing criteria for the grade
levels and subject areas in which the teacher
provides instruction;
‘‘(B) whether the teacher is teaching under
emergency or other provisional status through
260
which State certification or licensing criteria
are waived;
‘‘(C) the baccalaureate degree major of the
teacher, any other graduate certification or de-
gree held by the teacher, and the field of dis-
cipline of each such certification or degree; and
‘‘(D) whether the student is provided serv-
ices by paraprofessionals, and the qualifications
of any such paraprofessional.
‘‘(2) ADDITIONAL INFORMATION.—In addition
to the information that parents may request under
paragraph (1), and the information provided in re-
port cards under this part, a school that receives
funds under part A of title I or part A of title II
shall provide, to the extent practicable, to each indi-
vidual parent or guardian—
‘‘(A) information on the level of perform-
ance of the individual student, for whom they
are the parent or guardian, in each of the State
assessments as required under part A of title I;
and
‘‘(B) timely notice that the student, for
whom they are the parent or guardian, was as-
signed or taught for 2 or more consecutive
261
weeks by a substitute teacher or by a teacher
not fully qualified.
‘‘(k) COORDINATION OF STATE PLAN CONTENT.—A
State shall include in its plan under part A of title I or
part A of title II, an assurance that the State has in effect
a policy that meets the requirements of this section.
‘‘(l) PRIVACY.—Information collected under this sec-
tion shall be collected and disseminated in a manner that
protects the privacy of individuals.
‘‘(m) DEFINITION.—The term ‘State’ means each of
the several States of the United States, the District of
Columbia, and the Commonwealth of Puerto Rico.
TITLE V—IMPACT AID
SEC. 501. IMPACT AID.
(a) Section 8014 (20 U.S.C. 7714) is amended—
(1) in subsection (a)—
(A) by striking ‘‘$16,750,000 for fiscal
year 1995 and’’; and
(B) by inserting ‘‘fiscal year 2001 and’’
after ‘‘necessary for’’;
(2) in subsection (b)—
(A) by striking ‘‘$775,000,000 for fiscal
year 1995 and’’; and
(B) by inserting ‘‘fiscal year 2001 and’’
after ‘‘necessary for’’;
262
(3) in subsection (c)—
(A) by striking ‘‘$45,000,000 for fiscal
year 1995 and’’; and
(B) by inserting ‘‘fiscal year 2001 and’’
after ‘‘necessary for’’;
(4) in subsection (d)—
(A) by striking ‘‘$2,000,000 for fiscal year
1995 and’’; and
(B) by inserting ‘‘fiscal year 2001 and’’
after ‘‘necessary for’’;
(5) in subsection (e)—
(A) by striking ‘‘$25,000,000 for fiscal
year 1995 and’’; and
(B) by inserting ‘‘fiscal year 2001 and’’
after ‘‘necessary for’’;
(6) in subsection (f)—
(A) by striking ‘‘$2,000,000 for fiscal year
1995 and’’; and
(B) by inserting ‘‘fiscal year 2001 and’’
after ‘‘necessary for’’; and
(7) in subsection (g), by striking ‘‘1998’’ and
inserting ‘‘2001’’.
(b) REPEALS, TRANSFERS, AND REDESIGNATIONS.—
The Act (20 U.S.C. 6301 et seq.) is amended—
263
(1) by repealing title V (20 U.S.C. 7201 et
seq.);
(2) by redesignating title VIII (20 U.S.C. 7701
et seq.) (as amended by subsection (a)) as title V,
and transferring the title to follow title IV (as
amended by section 402);
(3) by redesignating references to title VIII as
references to title V (as redesignated and trans-
ferred by paragraph (2)); and
(4) by redesignating sections 8001 through
8014 (20 U.S.C. 7701, 7714) (as transferred by
paragraph (2)) as sections 5001 through 5014, re-
spectively, and redesignating accordingly the ref-
erences to such sections.
TITLE VI—HIGH PERFORMANCE
AND 
QUALITY 
EDUCATION
INITIATIVES
SEC. 601. HIGH PERFORMANCE AND QUALITY EDUCATION
INITIATIVES.
Title VI (20 U.S.C. 7301 et seq.) is amended to read
as follows:
264
‘‘TITLE VI—HIGH PERFORMANCE
AND 
QUALITY 
EDUCATION
INITIATIVES
‘‘SEC. 6001. DEFINITIONS OF STATE.
‘‘In this title:
‘‘(1) AUTHENTIC TASK.—The term ‘authentic
task’ means a real world task that—
‘‘(A) is challenging, meaningful, multidisci-
plinary, and interactive;
‘‘(B) involves reasoning, problem solving,
and composition; and
‘‘(C) is not a discrete component skill that
has no obvious connection with students’ activi-
ties outside of school.
‘‘(2) STATE.—The term ‘State’ means each of
the several States, the District of Columbia, and the
Commonwealth of Puerto Rico.
‘‘SEC. 6002. PROGRAMS AUTHORIZED.
‘‘(a) GRANTS AUTHORIZED.—From the amount ap-
propriated under section 6009 for a fiscal year, the Sec-
retary shall award a grant to each State educational agen-
cy having a State plan approved under section 6005(a)(4)
to enable the State educational agency to award grants
to local educational agencies in the State.
‘‘(b) RESERVATIONS AND ALLOTMENTS.—
265
‘‘(1) RESERVATIONS.—From the amount appro-
priated under section 6009 for a fiscal year, the Sec-
retary shall reserve—
‘‘(A) not more than 1⁄2 of 1 percent of
such amount for payments to the Bureau of In-
dian Affairs for activities, approved by the Sec-
retary, consistent with this title;
‘‘(B) not more than 1⁄2 of 1 percent of
such amounts for payments to outlying areas,
to be allotted in accordance with their respec-
tive needs for assistance under this title as de-
termined by the Secretary, for activities, ap-
proved by the Secretary, consistent with this
title; and
‘‘(C) such sums as may be necessary to
continue to support any multiyear award made
under titles III, IV, V (part B), or X (as such
titles were in effect on the day preceding the
date of enactment of the Education Reinvest-
ment Act) until the completion of the multiyear
award.
‘‘(2) STATE ALLOTMENTS.—
‘‘(A) IN GENERAL.—From the amount ap-
propriated under section 6009 for a fiscal year
and remaining after the Secretary makes res-
266
ervations under paragraph (1), the Secretary
shall allot to each State having a State plan ap-
proved under section 6005(a)(4) the sum of—
‘‘(i) an amount that bears the same
relationship to 50 percent of the remainder
as the amount the State received under
part A of title I bears to the amount all
States received under such part; and
‘‘(ii) an amount that bears the same
relationship to 50 percent of the remainder
as the school-age population in the State
bears to the school-age population in all
States.
‘‘(B) DATA.—For the purposes of deter-
mining the school-age population in a State and
in all States, the Secretary shall use the latest
available Bureau of the Census data.
‘‘(c) STATE MINIMUM.—For any fiscal year, no State
shall be allotted under this section an amount that is less
than 0.4 percent of the total amount allotted to all States
under subsection (b)(2).
‘‘(d) HOLD-HARMLESS AMOUNTS.—For fiscal year
2001, notwithstanding subsection (e), the amount allotted
to each State under this section shall be not less than 100
percent of the total amount the State was allotted in for-
267
mula grants under titles III, IV, and VI (as such titles
were in effect on the day preceding the date of enactment
of the Education Reinvestment Act) for the preceding fis-
cal year.
‘‘(e) RATABLE REDUCTIONS.—If the sums made
available under subsection (b)(2)(A) for any fiscal year are
insufficient to pay the full amounts that all State edu-
cational agencies are eligible to receive under that sub-
section for such year, the Secretary shall ratably reduce
such amounts for such year.
‘‘SEC. 6003. WITHIN STATE ALLOCATION.
‘‘(a) SHORT TITLE.—Each State educational agency
for a State receiving a grant award under section
6003(b)(2) shall—
‘‘(1) set aside not more than 1 percent of the
grant funds for the cost of administering the activi-
ties under this title;
‘‘(2) set aside not more than 4 percent of the
grant funds to—
‘‘(A) provide for the establishment of high-
quality, internationally competitive content and
student performance standards and strategies
that all students will be expected to meet;
‘‘(B) provide for the establishment of high-
quality, rigorous assessments that include mul-
268
tiple measures and demonstrate comprehensive
knowledge;
‘‘(C) encourage and enable all State edu-
cational agencies and local educational agencies
to develop, implement, and strengthen com-
prehensive education improvement plans that
address student achievement, teacher quality,
parent involvement, and reliable measurement
and evaluation methods; and
‘‘(D) encourage and enable all States to
develop and implement value-added assess-
ments, including model value-added assessments
identified by the Secretary under section
7004(a)(6); and
‘‘(3) using the remaining 95 percent of the
grant funds, make grants by allocating to each local
educational agency in the State having a local edu-
cational 
agency 
plan 
approved 
under 
section
6005(b)(3) the sum of—
‘‘(A) an amount that bears the same rela-
tionship to 50 percent of such remainder as the
amount the local educational agency received
under part A of title I bears to the amount all
local educational agencies in the State received
under such part; and
269
‘‘(B) an amount that bears the same rela-
tionship to 50 percent of such remainder as the
school-age population in the area served by the
local educational agency bears to the school-age
population in the area served by all local edu-
cational agencies in the State.
‘‘(b) MATCHING REQUIREMENT.—
‘‘(1) IN
GENERAL.—Each eligible local edu-
cational agency receiving a grant under subsection
(a) shall contribute resources with respect to the
local authorized activities to be assisted under this
title in case or in-kind from non-Federal sources in
an amount equal to 25 percent of the Federal funds
awarded under the grant.
‘‘(2) WAIVER.—A local educational agency may
apply to the State educational agency may grant a
waiver of the requirements of paragraph (1) to a
local educational agency that—
‘‘(A) applies for such a waiver; and
‘‘(B) demonstrates extreme circumstances
for being unable to meet such requirements.
‘‘SEC. 6004. PLANS.
‘‘(a) STATE PLANS.—
‘‘(1) IN
GENERAL.—The State educational
agency for each State desiring a grant under this
270
title shall submit a State plan to the Secretary at
such time, in such manner, and accompanied by
such information as the Secretary may require.
‘‘(2) CONSOLIDATED PLAN.—A State plan sub-
mitted under paragraph (1) may be submitted as
part of a consolidated plan under section 8302.
‘‘(3) CONTENTS.—Each plan submitted under
paragraph (1) shall—
‘‘(A) describe how the State educational
agency will assist each local educational agency
and school served under this title to comply
with the requirements described in section 6006
that are applicable to the local educational
agency or school;
‘‘(B) certify that the State has in place the
standards and assessments required under sec-
tion 1111;
‘‘(C) certify that the State educational
agency has a system, as required under section
1111, for—
‘‘(i) holding each local educational
agency and school accountable for ade-
quate yearly progress (as defined in section
1111(b)(2)(B));
271
‘‘(ii) 
identifying 
local 
educational
agencies and schools that are in need of
improvement and corrective action (as re-
quired in sections 1116 and 1117);
‘‘(iii) assisting local educational agen-
cies and schools that are identified for im-
provement with the development of im-
provement plans; and
‘‘(iv) providing technical assistance,
professional development, and other capac-
ity building as needed to get such agencies
and schools out of improvement status;
‘‘(D) certify that the State educational
agency shall use the disaggregated results of
student assessments required under section
1111(b)(4), and other measures or indicators
available, to review annually the progress of
each local educational agency and school served
under this title to determine whether or not
each such agency and school is making ade-
quate yearly progress as required under section
1111;
‘‘(E) certify that the State educational
agency will take action against a local edu-
cational agency that is in corrective action and
272
receiving funds under this title as described in
section 6006(d)(1);
‘‘(F) describe what, if any, State and other
resources will be provided to local educational
agencies and schools served under this title to
carry out activities consistent with this title;
and
‘‘(G) certify that the State educational
agency has a system to hold local educational
agencies accountable for meeting the annual
performance objectives required under sub-
section (b)(2)(C).
‘‘(4) APPROVAL.—The Secretary, using a peer
review process, shall approve a State plan if the
State plan meets the requirements of this sub-
section.
‘‘(5) DURATION
OF
THE
PLAN.—Each State
plan shall remain in effect for the duration of the
State’s participation under this title.
‘‘(6) REQUIREMENT.—A State shall not be eli-
gible to receive funds under this title unless the
State has established the standards and assessments
required under section 1111.
‘‘(b) LOCAL PLANS.—
273
‘‘(1) IN
GENERAL.—Each local educational
agency shall annually submit a local educational
agency plan to the State educational agency at such
time, in such manner, and accompanied by such in-
formation as the State educational agency may re-
quire.
‘‘(2) CONTENTS.—Each local educational agen-
cy shall—
‘‘(A) describe the programs for which
funds allocated under section 6004(3) will be
used and the reasons for the selection of such
programs;
‘‘(B) describe the methods the local edu-
cational agency will use to measure the annual
impact of programs described under subpara-
graph (A) and the extent to which such pro-
grams will increase student academic perform-
ance;
‘‘(C) describe the annual, quantifiable, and
measurable performance goals and objectives
for each program described under subparagraph
(A) and the extent to which such goals and ob-
jectives are aligned with State content and stu-
dent performance standards;
274
‘‘(D) describe how the local educational
agency will hold schools accountable for meeting
the intended performance objectives for each
program described under subparagraph (C);
‘‘(E) provide an assurance that the local
educational agency has met the local plan re-
quirements described in section 1112 for—
‘‘(i) holding schools accountable for
adequate yearly progress, including meet-
ing annual numerical goals for improving
the performance of all groups of students
based on the student performance stand-
ards set by the State under section
1111(b)(1)(D)(ii);
‘‘(ii) identifying schools for school im-
provement or corrective action;
‘‘(iii) fulfilling the local educational
agency’s school improvement responsibil-
ities described in section 1116, including
taking corrective actions under section
1116(c)(10); and
‘‘(iv) providing technical assistance,
professional development, or other capacity
building to schools served by the agency;
275
‘‘(F) certify that the local educational
agency will take action against a school that is
in corrective action and receiving funds under
this title as described under section 6006(d)(2);
‘‘(G) describe what State and local re-
sources will be contributed to carrying out pro-
grams described under subparagraph (A);
‘‘(H) provide assurances that the local edu-
cational agency consulted, at a minimum, with
parents, school board members, teachers, ad-
ministrators, business partners, education orga-
nizations, and community groups to develop the
local educational plan and select the programs
to be assisted under this title; and
‘‘(I) provide assurances that the local edu-
cational agency will continue such consultation
on a regular basis and will provide the State
with annual evidence of such consultation.
‘‘(3) APPROVAL.—The State, using a peer re-
view process, shall approve a local educational agen-
cy plan if the plan meets the requirements of this
subsection.
‘‘(4) DURATION
OF
THE
PLAN.—Each local
educational agency plan shall remain in effect for
276
the duration of the local educational agency’s par-
ticipation under this title.
‘‘(5) PUBLIC REVIEW.—Each State educational
agency will make publicly available each local edu-
cational agency plan approved under paragraph (3).
‘‘SEC. 6005. LOCAL USES OF FUNDS AND ACCOUNTABILITY.
‘‘(a) ADMINISTRATIVE EXPENSES.—Each local edu-
cational agency receiving a grant award under section
6004(3) may use not more than 1 percent of the grant
funds for any fiscal year for the cost of administering this
title.
‘‘(b) REQUIRED ACTIVITIES.—Each local educational
agency that receives a grant award under this title shall
use grant funds remaining after the reservation under
paragraph (a) in accordance with its local plan submitted
under section 6004(b).
‘‘(c) LIMITATIONS FOR SCHOOLS AND LOCAL EDU-
CATIONAL AGENCIES IN CORRECTIVE ACTION.—
‘‘(1) LOCAL EDUCATIONAL AGENCIES IN COR-
RECTIVE ACTION.—If a local educational agency is
identified 
for 
corrective 
action 
under 
section
1116(d), the State educational agency shall—
‘‘(A) notwithstanding any other provision
of law, specify how the local educational agency
shall spend the grant funds in order to focus
277
the local educational agency on activities that
will be the most effective in raising student per-
formance levels; and
‘‘(B) implement corrective action in ac-
cordance with the provisions for corrective ac-
tion described in section 1116(d).
‘‘(2) SCHOOLS IN CORRECTIVE ACTION.—If a
school is identified for corrective action under sec-
tion 1116(c), the local educational agency shall—
‘‘(A) specify how the school shall spend
grant funds received under this section in order
to focus on activities that will be the most effec-
tive in raising student performance levels; and
‘‘(B) implement corrective action in ac-
cordance with the provisions for corrective ac-
tion described in section 1116(c)(10).
‘‘(3) 
DURATION.—Limitations 
imposed 
on
schools and local educational agencies in corrective
action under paragraphs (1) and (2) shall remain in
effect until such time as the school or local edu-
cational agency has made sufficient improvement, as
determined by the State educational agency, and is
no longer in corrective action.
‘‘SEC. 6006. STATE AND LOCAL RESPONSIBILITIES.
‘‘(a) DATA REVIEW.—
278
‘‘(1) STATE AND LOCAL REVIEW.—A State edu-
cational agency shall jointly review with a local edu-
cational agency described in section 6006(d)(1) the
local educational agency’s data gathered from stu-
dent assessments and other measures required under
section 1111(b)(4), in order to determine how the
local educational agency shall spend the grant funds
pursuant to section 6006(d)(1)(A) in order to sub-
stantially increase student performance levels.
‘‘(1) SCHOOL
AND
LOCAL
REVIEW.—A local
educational agency shall jointly review with a school
described in section 6006(d)(2) the school’s data
gathered from student assessments and other meas-
ures required under section 1111(b)(4), in order to
determine how the school shall spend grant funds
pursuant to section 6006(d)(2) in order to substan-
tially increase student performance levels.
‘‘(b) TECHNICAL ASSISTANCE.—
‘‘(1) STATE ASSISTANCE.—
‘‘(A) A State educational agency shall pro-
vide, upon request by a local educational agency
receiving grant funds under this title, technical
assistance to the local educational agency and
schools served by the local educational agency,
including assistance in analyzing student per-
279
formance and the impact of programs assisted
under this title and identifying the best instruc-
tional strategies and methods for carrying out
such programs.
‘‘(B) State assistance may be provided
by—
‘‘(i) the State educational agency; or
‘‘(ii) with the local educational agen-
cy’s approval, by an institution of higher
education, a private not-for-profit or for-
profit organization, an educational service
agency, the recipient of a Federal contract
or cooperative agreement as described in
section 7005, a nontraditional entity such
as a corporation or consulting firm, or any
other entity with experience in the pro-
gram area for which the assistance is being
sought.
‘‘(2) LOCAL ASSISTANCE.—
‘‘(A) A local educational agency shall pro-
vide, upon request by an elementary school or
secondary school served by the agency, technical
assistance to such school, including assistance
in analyzing student performance and the im-
pact of programs assisted under this title, and
280
identifying the best instructional strategies and
methods for carrying out such programs.
‘‘(B) Local assistance may be provided
by—
‘‘(i) the State educational agency or
local educational agency; or
‘‘(ii) with the school’s approval, by an
institution of higher education, a private
not-for-profit or for-profit organization, an
educational service agency, the recipient of
a Federal contract or cooperative agree-
ment as described in section 7005, a non-
traditional entity such as a corporation or
consulting firm, or any other entity with
experience in the program area for which
the assistance is being sought.
‘‘SEC. 6007. LOCAL REPORTS.
‘‘Each local educational agency receiving funds under
this title shall annually publish and disseminate to the
public in a format and, to the extent practicable, in a lan-
guage that parents can understand, a report on—
‘‘(1) information describing the use of funds in
the 4 category areas described in section 6006(b);
‘‘(2) the impact of such programs and an as-
sessment of such programs’ effectiveness; and
281
‘‘(3) the local educational agency’s progress to-
ward attaining the goals and objectives described
under section 6005(b), and the extent to which pro-
grams assisted under this title have increased stu-
dent achievement.
‘‘SEC. 6008. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
this title $1,000,000,000 for fiscal year 2001, and such
sums as may be necessary for each of the 4 succeeding
fiscal years.’’.
TITLE VII—ACCOUNTABILITY
SEC. 701. ACCOUNTABILITY.
Title VII of the Act (20 U.S.C. 7401 et seq.) is
amended to read as follows:
‘‘TITLE VII—ACCOUNTABILITY
‘‘SEC. 7001. SANCTIONS.
‘‘(a) THIRD FISCAL YEAR.—If performance objec-
tives established under a covered provision have not been
met by a State receiving grant funds under such provision
by the end of the third fiscal year for which the State
receives such grant funds, the Secretary shall reduce by
50 percent the amount the State is entitled to receive for
administrative expenses under such provision.
‘‘(b) FOURTH FISCAL YEAR.—If the State fails to
meet the performance objectives established under a cov-
283
‘‘(B) the adequate yearly progress require-
ments established under part A of title I, and
required under part A of title III and title VI.
‘‘(2) SANCTIONS.—A system developed under
paragraph (c) shall include a mechanism for sanc-
tioning local educational agencies for low perform-
ance with regard to failure to meet such perform-
ance objectives and adequate yearly progress levels.
‘‘(f) DEFINITIONS.—In this section:
‘‘(1) COVERED PROVISION.—The term ‘covered
provision’ means part A of title I, part A of title II,
part A of title III, and section 6005(b)(2)(C).
‘‘(2) PERFORMANCE
OBJECTIVES.—The term
‘performance objectives’ means in the case of—
‘‘(A) part A of title I, the adequate yearly
progress levels established under subsections
(b)(2)(A)(iii) and (b)(2)(B) of section 1111;
‘‘(B) part A of title II, the set of perform-
ance objectives established in section 2014;
‘‘(C) part A of title III, the set of perform-
ance objectives established in section 3109; and
‘‘(D) title VI, the set of performance objec-
tives set by each local educational agency in
section 6005(b)(2)(C).
284
‘‘SEC. 7002. REWARDING HIGH PERFORMANCE.
‘‘(a) STATE REWARDS.—
‘‘(1) IN
GENERAL.—From amounts appro-
priated under subsection (d), and from amounts
made available as a result of reductions under sec-
tion 7001, the Secretary shall make awards to
States that—
‘‘(A) for 3 consecutive years have—
‘‘(i) exceeded the States’ performance
objectives established for any title under
this Act;
‘‘(ii) exceeded their adequate yearly
progress 
levels 
established 
in 
section
1111(b);
‘‘(iii) significantly narrowed the gaps
between minority and non-minority stu-
dents, and between economically disadvan-
taged and non-economically disadvantaged
students;
‘‘(iv) raised all students to the pro-
ficient standard level prior to 10 years
from the date of enactment of the Edu-
cation Reinvestment Act; or
‘‘(v) significantly increased the per-
centage of core classes being taught by
285
fully qualified teachers teaching in schools
receiving funds under part A of title I; or
‘‘(B) by not later than fiscal year 2003,
ensure that all teachers teaching in the States’
public elementary schools and secondary schools
are fully qualified.
‘‘(2) STATE USE OF FUNDS.—
‘‘(A) DEMONSTRATION SITES.—Each State
receiving an award under paragraph (1) shall
use a portion of the award that is not distrib-
uted under subsection (b) to establish dem-
onstration sites with respect to high-performing
schools (based on achievement or performance
levels) objectives and adequate yearly progress
in order to help low-performing schools.
‘‘(B) IMPROVEMENT OF PERFORMANCE.—
Each State receiving an award under paragraph
(1) shall use the portion of the award that is
not used pursuant to subparagraph (A) or (C)
and is not distributed under subsection (b) for
the purpose of improving the level of perform-
ance of all elementary and secondary school
students in the State, based on State content
and performance standards.
286
‘‘(C) RESERVATION FOR ADMINISTRATIVE
EXPENSES.—Each State receiving an award
under paragraph (1) may set aside not more
than 1⁄2 of 1 percent of the award for the plan-
ning and administrative costs of carrying out
this section, including the costs of distributing
awards to local educational agencies.
‘‘(b) LOCAL EDUCATIONAL AGENCY AWARDS.—
‘‘(1) IN
GENERAL.—Each State receiving an
award under subsection (a)(1) shall distribute 80
percent of the award funds to local educational
agencies in the State that—
‘‘(A) for 3 consecutive years have—
‘‘(i) exceeded the State-established
local educational agency performance ob-
jectives established for any title under this
Act;
‘‘(ii) exceeded the adequate yearly
progress level established under section
1111(b)(2);
‘‘(iii) significantly narrowed the gaps
between minority and nonminority stu-
dents, and between economically disadvan-
taged and noneconomically disadvantaged
students;
287
‘‘(iv) raised all students enrolled in
schools within the local educational agency
to the proficient standard level prior to 10
years from the date of enactment of the
Education Reinvestment Act; or
‘‘(v) significantly increased the per-
centage of core classes being taught by
fully qualified teachers teaching in schools
receiving funds under part A of title I; or
‘‘(B) not later than December 31, 2003,
ensured that all teachers teaching in the ele-
mentary schools and secondary schools served
by the local educational agencies are fully quali-
fied; or
‘‘(C) 
have 
attained 
consistently 
high
achievement in another area that the State
deems appropriate to reward.
‘‘(2) SCHOOL-BASED PERFORMANCE AWARDS.—
A local educational agency may use funds made
available under paragraph (1) for activities such as
school-based performance awards.
‘‘(3) RESERVATION FOR ADMINISTRATIVE EX-
PENSES.—Each local educational agency receiving
an award under paragraph (1) may set aside not
more than 1⁄2 of 1 percent of the award for the plan-
288
ning and administrative costs of carrying out this
section, including the costs of distributing awards to
eligible elementary schools and secondary schools,
teachers, and principals.
‘‘(c) SCHOOL REWARDS.—Each local educational
agency receiving an award under subsection (b) shall con-
sult with teachers and principals to develop a reward sys-
tem, and shall use the award funds—
‘‘(1) to reward individual schools that dem-
onstrate high performance with respect to—
‘‘(A) increasing the academic achievement
of all students;
‘‘(B) narrowing the academic achievement
gap described in section 1111(b)(2)(B)(vii);
‘‘(C) improving teacher quality;
‘‘(D) increasing high-quality professional
development for teachers, principals, and ad-
ministrators; or
‘‘(E) improving the English proficiency of
limited English proficient students;
‘‘(2) to reward collaborative teams of teachers,
or teams of teachers and principals, that—
‘‘(A) significantly increase the annual per-
formance of low-performing students; or
289
‘‘(B) significantly improve in a fiscal year
the English proficiency of limited English pro-
ficient students;
‘‘(3) to reward principals who successfully raise
the performance of a substantial number of low-per-
forming students to high academic levels;
‘‘(4) to develop or implement school district-
wide programs or policies to increase the level of
student performance on State assessments that are
aligned with State content standards; and
‘‘(5) to reward schools for consistently high
achievement in another area that the local edu-
cational agency deems appropriate to reward.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this section
$200,000,000 for fiscal year 2001, and such sums as may
be necessary for each of the 4 succeeding fiscal years.
‘‘(e) DEFINITION.—The term ‘low-performing stu-
dent’ means students who are below the basic State stand-
ard level.
‘‘SEC. 7003. SUPPLEMENT NOT SUPPLANT.
‘‘A State educational agency and local educational
agency shall use funds under this title to supplement, and,
not supplant, Federal, State, and local funds that, in the
290
absence of funds under this title, would otherwise be spent
for activities of the type described in section 7002.
‘‘SEC. 7004. SECRETARY’S ACTIVITIES.
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of this Act, from amounts appropriated under sub-
section (b) and not reserved under subsection (c), the Sec-
retary may—
‘‘(1) support activities of the National Board
for Professional Teaching Standards;
‘‘(2) study and disseminate information regard-
ing model programs assisted under this Act;
‘‘(3) provide training and technical assistance
to States, local educational agencies, elementary
schools and secondary schools, Indian tribes, and
other recipients of grant funds under this Act that
are carrying out activities assisted under this Act,
including entering into contracts or cooperative
agreements with public or private nonprofit entities
or consortia of such entities, in order to provide
comprehensive training and technical assistance re-
lated to the administration and implementation of
activities assisted under this Act;
‘‘(4) support activities that will promote sys-
temic education reform at the State and local levels;
291
‘‘(5) award grants or contracts to public or pri-
vate nonprofit entities to enable the entities—
‘‘(A) to develop and disseminate exemplary
reading, mathematics, science, and technology
educational practices, and instructional mate-
rials to States, local educational agencies, and
elementary schools and secondary schools; and
‘‘(B) to provide technical assistance for the
implementation of teaching methods and assess-
ment tools for use by elementary schools and
secondary school students, teachers, and admin-
istrators;
‘‘(6) disseminate information on models of
value-added assessments;
‘‘(7) award a grant or contract to a public or
private nonprofit entity or consortium of such enti-
ties for the development and dissemination of exem-
plary programs and curricula for accelerated and ad-
vanced learning for all students, including gifted and
talented students;
‘‘(8) award a grant or contract with Reading Is
Fundamental, Inc. and other public or private non-
profit entities to support and promote programs
which include the distribution of inexpensive books
292
to students and literacy activities that motivate chil-
dren to read; and
‘‘(9) provide assistance to States—
‘‘(A) by assisting in the development of
English language development standards and
high-quality assessments, if requested by a
State participating in activities under subtitle A
of title III; and
‘‘(B) by developing native language tests
for limited English proficient students that a
State may administer to such students to assess
student achievement in at least reading, science,
and mathematics, consistent with section 1111.
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this section
$150,000,000 for fiscal year 2001, and such sums as may
be necessary for each of the 4 succeeding fiscal years.
‘‘(c) RESERVATION.—From the amounts appro-
priated under subsection (b) the Secretary shall reserve
$10,000,000 for the purposes of carrying out activities
under section 1202(c).’’.
293
TITLE VIII—GENERAL
PROVISIONS AND REPEALS
SEC. 801. REPEALS, TRANSFERS, AND REDESIGNATIONS RE-
GARDING TITLES VIII AND XIV.
(a) IN GENERAL.—The Act (20 U.S.C. 6301 et seq.)
is amended—
(1) by inserting after title VII the following:
‘‘TITLE VIII—GENERAL
PROVISIONS’’;
(2) by repealing sections 14514 and 14603 (20
U.S.C. 8904, 8923);
(3)(A) by transferring title XIV (20 U.S.C.
8801 et seq.) to title VIII and inserting such title
after the title heading for title VIII; and
(B) by striking the title heading for title XIV;
(4)(A) by redesignating part H of title VIII (as
redesignated by paragraph (3)) as part I of title
VIII; and
(B) by redesignating the references to part H
of title VIII as references to part I of title VIII;
(5) by inserting after part G of title VIII the
following:
294
‘‘PART H—SUPPLEMENT, NOT SUPPLANT
‘‘SEC. 8801. SUPPLEMENT, NOT SUPPLANT.
‘‘A State educational agency or local educational
agency shall use funds received under the Act to supple-
ment, and not supplant, State and local funds that, in the
absence of funds under this Act, would otherwise be spent
for activities under this Act.’’;
(6) by redesignating the references to title XIV
as references to title VIII;
(7)(A) by redesignating sections 14101 through
14103 (20 U.S.C. 8801, 8803) (as transferred by
paragraph (3)) as sections 8101 through 8103, re-
spectively; and
(B) by redesignating the references to such sec-
tions 14101 through 14103 as references to sections
8101 through 8103, respectively;
(8)(A) by redesignating sections 14201 through
14206 (20 U.S.C. 8821, 8826) (as transferred by
paragraph (3)) as sections 8201 through 8206, re-
spectively; and
(B) by redesignating the references to such sec-
tions 14201 through 14206 as references to sections
8201 through 8206, respectively;
(9)(A) by redesignating sections 14301 through
14307 (20 U.S.C. 8851, 8857) (as transferred by
295
paragraph (3)) as sections 8301 through 8307, re-
spectively; and
(B) by redesignating the references to such sec-
tions 14301 through 14307 as references to sections
8301 through 8307, respectively;
(10)(A) by redesignating section 14401 (20
U.S.C. 8881) (as transferred by paragraph (3)) as
section 8401; and
(B) by redesignating the references to such sec-
tion 14401 as references to section 8401;
(11)(A) 
by 
redesignating 
sections 
14501
through 14513 (20 U.S.C. 8891, 8903) (as trans-
ferred by paragraph (3)) as sections 8501 through
8513, respectively; and
(B) by redesignating the references to such sec-
tions 14501 through 14513 as references to sections
8501 through 8513, respectively;
(12)(A) by redesignating sections 14601 and
14602 (20 U.S.C. 8921, 8922) (as transferred by
paragraph (3)) as sections 8601 and 8602, respec-
tively; and
(B) by redesignating the references to such sec-
tions 14601 and 14602 as references to sections
8601 and 8602, respectively;
296
(13)(A) by redesignating section 14701 (20
U.S.C. 8941) (as transferred by paragraph (3)) as
section 8701; and
(B) by redesignating the references to such sec-
tion 14701 as references to section 8701; and
(14)(A) by redesignating sections 14801 and
14802 (20 U.S.C. 8961, 8962) (as transferred by
paragraph (3)) as sections 8901 and 8902, respec-
tively; and
(B) by redesignating the references to such sec-
tions 14801 and 14802 as references to sections
8901 and 8902, respectively.
(b) AMENDMENTS.—Title VIII (as so transferred and
redesignated) is amended—
(1) in section 8101(10) (as redesignated by
subsection (a)(7))—
(A) by striking subparagraphs (C) through
(F); and
(B) by adding after subparagraph (B) the
following:
‘‘(C) part A of title II;
‘‘(D) part A of title III; and
‘‘(E) title IV.’’;
297
(2) in section 8102 (as redesignated by sub-
section (a)(7)), by striking ‘‘VIII’’ and inserting
‘‘V’’;
(3) in section 8201 (as redesignated by sub-
section (a)(8))—
(A) in subsection (a)(2), by striking ‘‘, and
administrative funds under section 308(c) of
the Goals 2000: Educate America Act’’; and
(B) by striking subsection (f);
(4) in section 8203(b) (as redesignated by sub-
section (a)(8)), by striking ‘‘Improving America’s
Schools Act of 1994’’ and inserting ‘‘Education Re-
investment Act’’;
(5) in section 8204 (as redesignated by sub-
section (a)(8))—
(A) by striking subsection (b); and
(B) in subsection (a)—
(i) in paragraph (2)—
(I) in the matter preceding sub-
paragraph (A), by striking ‘‘1995’’
and inserting ‘‘2001’’;
(II) in subparagraph (B), by in-
serting ‘‘professional development,’’
after ‘‘curriculum development,’’; and
(ii) in paragraph (4)—
298
(I) by striking ‘‘and section
410(b) of the Improving America’s
Schools Act of 1994’’; and
(II) by striking ‘‘paragraph (2)’’
and inserting ‘‘subsection (a)(2)’’;
(III) by striking the following:
‘‘(4) RESULTS.—’’ and inserting the following:
‘‘(b) RESULTS.—’’;
(IV) by striking the following:
‘‘(A) develop’’ and inserting the following:
‘‘(1) develop’’; and
(V) by striking the following:
‘‘(B) within’’ and inserting the following:
‘‘(2) within’’;
(6) in section 8205(a)(1) (as redesignated by
subsection (a)(8)), by striking ‘‘part A of title IX’’
and inserting ‘‘part B of title III’’;
(7) in section 8206 (as redesignated by sub-
section (a)(8))—
(A) by striking ‘‘(a) UNNEEDED PROGRAM
FUNDS.—’’; and
(B) by striking subsection (b);
(8) in section 8302(a)(2) (as redesignated by
subsection (a)(9))—
(A) by striking subparagraph (C); and
299
(B) by redesignating subparagraphs (D)
and (E) as subparagraphs (C) and (D), respec-
tively;
(9) in section 8304(b) (as redesignated by sub-
section (a)(9)), by striking ‘‘Improving America’s
Schools Act of 1994’’ and inserting ‘‘Education Re-
investment Act’’;
(10) in section 8401 (as redesignated by sub-
section (a)(10))—
(A) in subsection (a), by striking ‘‘Except
as provided in subsection (c),’’ and inserting
‘‘Notwithstanding any other provision regarding
waivers in this Act and except as provided in
subsection (c),’’; and
(B) in subsection (c)(8), by striking ‘‘part
C of title X’’ and inserting ‘‘part B of title IV’’;
(11) in section 8502 (as redesignated by sub-
section (a)(11)), by striking ‘‘VIII’’ and inserting
‘‘V’’;
(12) in section 8503(b)(1) (as redesignated by
subsection (a)(11))—
(A) by striking subparagraphs (B) through
(E);
(B) by redesignating subparagraph (A) as
subparagraph (B);
300
(C) by inserting before subparagraph (B)
the following:
‘‘(A) part A of title I;’’; and
(D) by adding at the end the following:
‘‘(C) title II;
‘‘(D) title III;
‘‘(E) title VI.’’; and
(13) in section 8506(d) (as redesignated by
subsection (a)(11)), by striking ‘‘Improving Amer-
ica’s Schools Act of 1994’’ and inserting ‘‘Education
Reinvestment Act’’;
(14) in section 8513 (as redesignated by sub-
section (a)(11)), by striking ‘‘Improving America’s
Schools Act of 1994’’ each place it appears and in-
serting ‘‘Education Reinvestment Act’’;
(15) in section 8601 (as redesignated by sub-
section (a)(12))—
(A) in subsection (b)(3)—
(i) in subparagraph (A), by striking
‘‘Improving America’s Schools Act of
1994’’ and inserting ‘‘Education Reinvest-
ment Act’’; and
(ii) in subparagraph (B), by striking
‘‘Improving America’s Schools Act’’ and
301
inserting ‘‘Education Reinvestment Act’’;
and
(B) in subsection (f), by striking ‘‘Improv-
ing America’s Schools Act of 1994’’ and insert-
ing ‘‘Education Reinvestment Act’’; and
(16) in section 8701(b) (as redesignated by
subsection (a)(13))—
(A) in paragraph (1)—
(i) in subparagraph (B)—
(I) in clause (i), by striking ‘‘Im-
proving America’s Schools Act of
1994’’ and inserting ‘‘Education Rein-
vestment Act’’;
(II) in clause (ii), by striking
‘‘such as the initiatives under the
Goals 2000: Educate America Act,
and’’ and inserting ‘‘under’’; and
(III) in clause (v), by striking ‘‘,
the Advisory Council on Education
Statistics, and the National Education
Goals Panel’’ and inserting ‘‘and the
Advisory Council on Education Statis-
tics’’; and
(ii) in subparagraph (C)(ii), by strik-
ing ‘‘the School-to-Work Opportunities Act
302
of 1994, and the Goals 2000: Educate
America Act’’ and inserting ‘‘and the
School-to-Work 
Opportunities 
Act 
of
1994’’; and
(B) in paragraph (3), by striking ‘‘1998’’
and inserting ‘‘2004’’.
SEC. 802. OTHER REPEALS.
Titles V and XIII (20 U.S.C. 7201 et seq., and 8601
et seq.) and the Goals 2000: Educate America Act (20
U.S.C. 5801 et seq.) are repealed.
TITLE IX—TECHNOLOGY FOR
EDUCATION
SEC. 901. TECHNOLOGY FOR EDUCATION.
Title X (20 U.S.C. 8001 et seq.) is amended to read
as follows:
‘‘SEC. 10101. SHORT TITLE.
‘‘This title may be cited as the ‘Technology for Edu-
cation Act of 2000’.
‘‘PART A—TECHNOLOGY FOR EDUCATION OF ALL
STUDENTS
‘‘SEC. 10111. FINDINGS.
‘‘The Congress finds that—
‘‘(1) technology can produce far greater oppor-
tunities for all students to learn to high standards,
promote efficiency and effectiveness in education,
303
and help propel our Nation’s school systems into
very immediate and dramatic reform, without which
our Nation will not meet the National Education
Goals by the target year 2000;
‘‘(2) the use of technology as a tool in the
teaching and learning process is essential to the de-
velopment and maintenance of a technologically lit-
erate citizenry and an internationally competitive
workforce;
‘‘(3) the acquisition and use of technology in
education throughout the United States has been in-
hibited by—
‘‘(A) the absence of Federal leadership;
‘‘(B) the inability of many State and local
educational agencies to invest in and support
needed technologies;
‘‘(C) the limited exposure of students and
teachers to the power of technology as a cost-
effective tool to improve student learning and
achievement;
‘‘(D) the lack of appropriate electrical and
telephone connections in the classroom; and
‘‘(E) the limited availability of appropriate
technology-enhanced 
curriculum, 
instruction,
professional development, and administrative